Legal Nigeria

More judges are under probe by security and anti-graft agencies for allegedly receiving monthly stipends from the Office of the National Security Adviser (ONSA), The Nation learnt at the weekend.The stipends were allegedly paid from the $15billion meant for arms procurement, which was mismanaged by the administration of ex-President Goodluck Jonathan.It was also learnt that the National Judicial Council (NJC) has received more than 20 petitions against some judges.A  Preliminary Complaint Assessment Committee is said to be sieving the petitions to establish whether or not there are prima facieevidence against their Lordships.

But the committee has found no merit in the four petitions against Justice Okon Abang of the Federal High Court because “he acted within the law”.According to sources, security and anti-graft agencies are looking into the activities and conduct of more judges bordering on abuse of oath.The NJC has sanctioned more than nine judges this year for some infractions.They are: Justice O. Gbajabiamila (Lagos State High Court); Justice Idris M. J. Evuti (Niger State High Court); Justice Tanko Yusuf Usman (Niger State High Court); Justice Rita Ofili-Ajumogobia; Justice Mohammed Yunusa of the Enugu Division of the Federal High Court; Justice Olamide Oloyede (Osun State High Court); Justice Ladan Tsamiya of the Ilorin division of the Court of Appeal; JusticeI. A. Umezulike, Chief Judge of Enugu State; and Justice Kabiru Auta of Kano State High Court.But many more judges may be shown the way out of the bench for corrupt practices.It was learnt that security and anti-corruption agencies have stumbled on documents showing that some judges were on monthly stipends from the ONSA.The said stipends were disbursed from an account which was tagged “Security Vote”.Some judges benefited from the account in form of “assistance”;  others were bought Sports Utility Vehicles (SUVs) for official purpose, it was learnt.A source, who spoke in confidence, said: “In one instance, there were allegations that some outstanding allowances and SUVs were purchased from the account for judges based on a request by some heads of some courts.“Many contingency requests were accommodated from the three arms of government by ONSA under the guise of Security Vote. This is one of the reasons why the prosecution is opposed to the open trial of ex-National Security Adviser, Mr. Sambo Dasuki.”Another source said since May, the Economic and Financial Crimes Commission (EFCC) had been watching four high court judges in the Federal Capital Territory (FCT) who allegedly frustrate the probe of high-profile corruption cases.The judges were said to have developed a penchant for going soft with suspects who approach their courts to stop their trial by the EFCC for corruption.“The affected judges have been indulging in ‘arrangee’ injunctions,”  the source added.Meanwhile, the NJC has more than 20 petitions against judges in the lower and appellate courts.A member  of the NJC said: “There are many outstanding petitions before the NJC against more judges. These allegations border on delay in delivering judgment, abuse of judicial oath, request for bribe and others.“But the Preliminary Complaint Assessment Committee is going through the claims, affidavits in support and evidence against the judges.“It is when a prima facie case is established against them that a report will be tabled before the NJC for investigation and disciplinary action.“The process is cumbersome and painstaking. Those behind these petitions owe the NJC a duty to prove their allegations beyond reasonable doubt. Otherwise, petitions without evidence won’t be considered by the council.”The source added: “For instance, four petitions were filed against Justice Okon Abang of the Federal High Court but all the allegations were frivolous.“The committee discovered that the judge discharged his duties within the law; he committed no infractions and the petitions were dismissed at the preliminary stage.”According to the rules, the Chairman of NJC may “ assess a complaint or may, at his discretion, refer it to  a  Preliminary  Complaint  Assessment  Committee  where  such  has been  established.“The  Preliminary  Complaint  Assessment  Committee  shall  review  the complaint referred  to  it  and advise the  Council whether the  complaint should  be: • dismissed; • terminated  and  not  proceeded  with because  an  intervening event  has  taken  the  complaint; • terminated  because  remedial  action  has  been  taken  that  makes  action  on  the  complaint  no  longer  necessary; • referred  to  the  subject  Judicial  Officer  for  his  response; • referred  to  an  investigation  committee  should  his  response not  be  sufficient  to  dispose  of  the  matter  without  an investigation.”Paragraph 21 of Part One of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria( as amended) says: “The National Judicial Council shall have the power to:

1. Recommend to the President from among the list of persons submitted to it by the Federal Judicial Service Commission, persons for appointment to the Offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, and the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the Offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
2. recommend to the President the removal from office of the Judicial Officers specified in sub-paragraph (a) of this paragraph, and to exercise disciplinary control over such Officers;
3. recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions persons for appointments to the Offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States; and President and Judges of the Customary Courts of Appeal of the States;
4. recommend to the Governors the removal from office of the Judicial Officers specified in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers;
5. collect, control and disburse all moneys, capital and recurrent, for the judiciary;
6. advise the President and Governors in any matter pertaining to the judiciary as may be referred to the Council by the President or the Governors;
7. appoint, dismiss and exercise disciplinary control over members and staff of the Council;
8.     control and disburse all monies, capital and recurrent, for the services of the Council; and
9. deal with all other matters relating to broad issues of policy and administration.

BACKGROUND ON THOSE SANCTIONED

1.     Justice Gbajabiamila allegedly delivered judgment in a matter before him 22 months after written addresses were adopted by all the parties and 35 months after the close of evidence in the suit.
2.     Justices Evuti and Tanko Yusuf Usman, guilty of allegations that they falsified their dates of birth.
3.     Justice Rita Ofili-Ajumogobia of the Federal High Court barred from elevation to the appellate court for allegedly adjourning pre-Election matter severally until the termination of the life span of the Ogun State House of Assembly.
4.     Justice Mohammed Yunusa was recommended for compulsory retirement for making orders restraining the Economic and Financial Crimes Commission, the Independent Corrupt Practices and other related offences Commission and other law enforcement agencies from investigating some persons, including a former Minister of Aviation, Stella Oduah.
5.     Hon. Justice Mohammed Ladan Tsamiya thrice, in his residence in Sokoto, Gwarinpa, Abuja and Owerri where on each occasion, he demanded from him the sum of N200, 000.000 (Two Hundred Million Naira) to influence the Court of Appeal Panel in Owerri or risk losing the case.
6. Justice Oloyede was sanctioned because of the petition she wrote to the Osun State House of Assembly against Governor Rauf Aregbesola, and failure to conduct herself in such a manner as to preserve the dignity of her office and impartiality and independence of the judiciary.”
7.     The Chief Judge of Enugu State failed to deliver Judgment in Suit No E/13/2008: Ajogwu V Nigerian Bottling Company Limited in which final addresses were adopted on 23rd October, 2014. The judgment was however delivered on 9th March, 2015, about 126 days after addresses were adopted, contrary to constitutional provisions that judgment should be delivered within a period of 90 days.
8.     Justice Kabiru Auta allegedly received N125million from a litigant through an account approved by him.

Many prominent Nigerians and former leaders have joined to mark the country’s Independence Anniversary, with some saying that a lot still remains to be achieved as the nation clocks 56 years.

They spoke to Channels Television while at the commemoration of Nigeria’s 56th Independence Anniversary which took place at the forecourt of the Presidential Villa in Abuja, the nation’s capital.

Former Vice President of Nigeria, Alex Ekwueme, particularly was not impressed by the state of the nation, 56 years after independence.He condemned the level of violence in different parts of the country and berated authorities for not doing enough to ensure peace and national integration.“Nigeria as we speak now is not a nation, by contrast, our neighbour, Ghana, is a nation.“There’s a very big difference between a nation and a country.“In a nation you have a sense of nationhood, in a country, you just acquire a geographical space without a sense of nationhood.“The type of things that happen in different parts of Nigeria, like killing of people from other parts of the country will never happen in Ghana.“There is nothing being positively done about national integration and you cannot have a nation just by wishful thinking, you have to work for it,” he said.Offer SolutionsFor others, however, the fact that the country has remained a united nation despite the difficulties, is enough to celebrate as they encouraged Nigerians to be positive.Former Senate President, Ken Nnamani, admitted that Nigeria is indeed faced with a lot of challenges but noted that it remains a nation.He explained: “A nation is what the people make it. Nobody is going to come and build a nation for us, we have to do it ourselves.“So many people take delight in criticizing, yes it is good to criticize but you also have to offer solutions.”Former Head of State, General Abdulsalami Abubakar (Rtd), also supported the call for Nigerians to get involved in nation-building.“I think we have come a long way (and) things are improving gradually. Although we have problems here and there, I think we are heading in the right direction.For former Vice President, Namadi Sambo, there has been tremendous progress in Nigeria since its independence in 1960 and former Chief of General Staff, Gen. Oladipo Diya (Rtd) also agreed.He said that most Nigerians are conscious of
the fact that there is a lot to be done but “we are making progress”.
Source : Channels Television News

The careers of three top judges including  the Presiding Justice of the Court of Appeal, Ilorin division, Justice Mohammed Ladan Tsamiya and the Chief Judge of Enugu State, Justice I. A. Umezulike,are hanging by a thread.The  National Judicial Council (NJC) has recommended their  compulsory retirement ,and the dismissal of a third – Justice Kabiru M. Auta of the High Court of Justice, Kano State with immediate effect -for official misconduct.

Auta is also to be  handed over to the Assistant Inspector-General of Police, Zone 1, Kano State, for prosecution.They are to proceed on suspension immediately pending the acceptance of the NJC recommendations by President Mohammadu Buhari (in the case of Justice Tsamiya), Enugu Governor Ifeanyi Ugwuanyi (in the case of Justice Umezulike) and Kano Governor, Abdullahi Umar Ganduje (in the case of Justice Auta).The  acting Director (Information) of NJC ,Mr. Soji Oye, broke the news in a statement yesterday.Tsamiya is said to have abused his office after,according to the NJC,he  accepted bribe in respect of a 2015 election case pending before an appeal panel in which he was a member.The council indicted Umezulike for conducting  himself in a manner that conflicted with his position as a judicial officer,while Auta is said to have collected money from a contractor, promising to facilitate the award of  a contract to him.He failed to deliver on his promise.Oye said the decision was reached at the last NJC meeting held on September 29, 2016.He said: “ Hon. Justice Mohammed Ladan Tsamiya of the Court of Appeal was recommended for compulsory retirement from office to President Muhammadu Buhari, pursuant to the ‘findings’ by the Council in the petition written by Nnamdi Iro Oji against him and Hon. Justices Husseini Muktar, F. O. Akinbami and J. Y. Tukur, all Justices of Court of Appeal who sat on Election Appeal panel in the Owerri division of the court during the 2015 general elections.“The petition contains the following allegations, among others:- Corruption, malice and vindictiveness; and giving perverse and conflicting decisions on the same issue in similar matters in appeal CA/OW/EPT/SN/50/2015: Chief Dr. David Ogba Onuoha Bourdex vs. Hon. Mao Onuabunwa & Anor;CA/OW/EPT/SN/47/2015; Dr. Orji Uzor Kalu & Anor vs Hon. Mao Ohuabunwa & Ors; and CA/OW/EPT/HR/61/2015: Nnamdi Iro Oji Vs Nkole Uko Ndukwe & 16 Ors.“During deliberations, council found as follows:-*That there was evidence that the petitioner met with Hon. Justice Mohammed Ladan Tsamiya thrice, in his residence in Sokoto, Gwarinpa, Abuja and Owerri where on each occasion, he demanded from him the sum of N200,000.000 (Two Hundred Million Naira) to influence the Court of Appeal Panel in Owerri or risk losing the case;*That the allegations of giving two conflicting judgements on the same matter was not true as the two judgements were in respect of two different appeals: one was in respect of House of Representative seat, a Federal Constituency, while the other was in respect of a Senate seat, which covered one third of the state;*That there was no allegation and no evidence that the petitioner ever met or discussed with Hon. Justices Husseini Mukhtar (JCA), F. O. Akinbami(JCA) and J. Y. Tukur(JCA) in respect of the appeal before them.“In the light of the foregoing, that Hon. Justices Husseini Mukhtar (JCA), F. O. Akinbami(JCA) and J. Y. Tukur(JCA), were exonerated.“Hon. Justice I. A. Umezulike, OFR, Chief Judge, Enugu State was recommended to the Governor of Enugu State, Rt. Hon. Ifeanyi Ugwuanyi, for compulsory retirement sequel to the findings by the council on the following allegations levelled against him by Barrister Peter Eze:-*That the Hon. Chief Judge failed to deliver Judgement in Suit No E/13/2008: Ajogwu V Nigerian Bottling Company Limited in which final Addresses were adopted on 23rd October, 2014.*That the judgement was however delivered on 9th March, 2015, about 126 days after addresses were adopted, contrary to constitutional provisions that judgement should be delivered within a period of 90 days.*That Hon. Justice Umezulike, OFR, in suit No E/159M/2014, Ezeuko Vs Probate Registrar, High Court of Enugu State and 3 ors ordered the arrest of Mr.  Peter Eze by police and be brought before his court after the matter was amicably resolved and judgement entered on terms of settlement.*That the Hon. Chief Judge in a speech delivered by him to the Eastern Bar Forum on Friday 4th March, 2016, openly made uncomplimentary remarks containing vulgar language against the petitioner, contrary to Rule 1.3 of the National Judicial Council Revised Code of Conduct for judicial officers.*That at the time of the book launch of the Hon. Chief Judge, donation of N10 million was made by Prince Arthur Eze during the pendency of the two cases in His Lordship’s Court, both of which Prince Arthur Eze has vested interest.*That there have been many instances of abuse of judicial powers, by the Chief Judge, particularly against the two defendants in suits Nos. E/6/2013 and E/88/2016.*That the Chief Judge clung to these two suits to remain in his court, despite all genuine efforts made by the defendants to get the suits transferred to another court.*That the Chief Judge, sitting at a vantage position of senior judicial officer and Head of Court for that matter, should not have allowed his emotions to dictate his judicial functions to the detriment of the defendants in both suits.“In the case of Hon. Justice Kabiru Auta of the High Court of Justice, Kano State, he was recommended to the Kano State Governor, Alhaji Abdullahi Umar Ganduje, for dismissal and be handed over to the police for prosecution following the findings of the Council on the allegations levelled against him by Alhaji Kabiru Yakassai as follows:-*That the petitioner paid the sum of N125, 000.000.00 (one hundred and twenty-five Million Naira) into an account approved by the Hon. Judge.*That the petitioner also made cash payment of N72,000,000.00 (Seventy-five Million Naira) to Hon. Justice Auta in several instalments through his personal assistant, Abdullahi Bello, ostensibly for the purpose of assisting a former Chief Justice of Nigeria, who had just been appointed, to secure accommodation and for the petitioner to be in turn rewarded by the award of some contracts by the said Hon. Chief Justice of Nigeria.*That Hon. Justice Auta facilitated telephone communications in his house between the petitioner and purportedly the former Hon. Chief Justice of Nigeria on the other end.*That Hon. Justice Auta facilitated meetings between the petitioner and a lady who introduced herself as the purported Hon. Chief Justice of Nigeria in a Prado Jeep, escorted by armed Police Officer in a hotel in Kaduna.*That after the petitioner suspected foul play and reported the matter to the police, Hon. Justice Auta agreed to pay the petitioner the sum of N95, 000.000.00 (Ninety-five Million Naira) as part of his claim while Abubakar Mahdi was to pay the sum of N125, 000.000.00 (One Hundred and Twenty-five Million Naira) to the petitioner.*That pursuant to the agreement, Hon. Justice Auta made a part payment of $11, 000.00 (Eleven Thousand U. S. Dollars) and N16,000.000.00 (Sixteen Million Naira) cash to the Petitioner and undertook to pay the balance before the commencement of the Fact Finding Committee set up by the National Judicial Council to investigate the allegations.*That Hon. Justice Kabiru Auta admitted accepting to pay the money as agreed in AIG’s Office in Kano according to him ‘having suffered humiliation, and incarceration and had nowhere to go for help and in order to protect my image and the image of the judiciary’.“He however, said that the settlement was for him to  pay N35 million and not N95 million and that to that effect, he paid N20 million so far including the $11,000.00; and“Hon. Justice Kabiru stated in his evidence, that the purpose of the Petitioner visiting his house at times was that as a friend, he used to seek favours for his people who had matters before him, a conduct that is in itself self-indicting and a serious abuse of judicial oath.“The above allegations against the three judicial officers constitute misconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1.2, 1.3, 1.4, 1.5, 2.1, 3.2, 3.7, 4.1, 4.2, 8.4a, 13.1, 15.2 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.“Meanwhile, the National Judicial Council, in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria, as amended, has suspended Hon. Justice Mohammed Ladan Tsamiya, Presiding Justice of the Court of Appeal, Ilorin Division,  Hon. Justice I. A. Umezulike, OFR, Chief Judge of Enugu State and  Hon. Justice Kabiru Auta of Kano State High Court from office with immediate effect, pending the approval of the recommendations of the council for their compulsory retirement and dismissal respectively, from office by the President of the Federal Republic of Nigeria, Muhammadu Buhari, GCFR; Governor Lawrence Ifeanyi Ugwuanyi of Enugu State and Governor Abdullahi Umar Ganduje, OFR, of Kano State, respectively.”
Source : The Nation 

The Federal Government has set up a committee to produce a National Justice Sector Policy by October 14. The committee’s terms of reference include producing a policy that sets out a common vision of a fair and effective justice system that respects the rights of all. Lawyers have identified areas in need of attention. They told JOSEPH JIBUEZE their expectations.In pursuit of justice and equity for all Nigerians, the Federal Government is set to sanitise the sector to make it fair and non-discriminatory. Already, it has raised a technical committee to redesign the justice sector framework.The committee will review, harmonise and integrate ongoing reform initiatives in the justice sector and produce a National Justice Sector Policy (NJSP) by October 14.Solicitor-General and Permanent Secretary, Federal Ministry of Justice, Taiwo Abidogun, said, while inaugurating the committee: “The policy would clearly define Nigeria’s political philosophy with respect to justice delivery, and provide a common policy direction for the justice sector stakeholders across the nation.”

The committee’s terms of reference include:

• To draft and submit a National Policy on Justice for Nigeria that sets out a common vision of a fair and effective justice system that respects the rights of all without discrimination;
• To undertake a review of past and present strategic framework for the justice sector in Nigeria, taking into account the fundamental objectives and directive principles of state policy that are laid down in the Constitution of the Federal Republic of Nigeria in so far as they relate to the Justice system;
• To present the approved draft at a consultative meeting aimed at seeking comments, further input and buy-in from a wider body of justice stakeholders; and
• To present the revised draft to a national justice sector summit in November with a view to adopting it as Nigeria’s national justice policy.

The committee has Prof. Mohammed Tabiu as chairman. Members are immediate past Chairman of the National Human Rights Commission (NHRC) Prof. Chidi Odinkalu, Director-General of the Nigerian Institute of Advanced Legal Studies (NIALS), Prof Deji Adekunle, Kefas Magaji, P.C Okorie, among others.Urgent reforms neededThere is no doubt that the judiciary needs urgent reforms, especially in its regulatory policies. Analysts believe that a clear-cut regulatory policy will limit the discretion of individuals and agencies, or otherwise compel certain types of behaviour.Experts say policies are generally best applied when good behaviour can be easily defined and bad behaviour easily regulated and punished.Legal reform can be the driver for all other reforms, including reform of the economy. A true market economy cannot be created without ensuring both full guarantees of private property and transparent predictability for entrepreneurial activity, on the one hand, and sufficient reasonable legal control over economic processes, on the other hand.Lawyers believe the policy should address the following areas:Welfare of judicial officersThe judiciary’s budget in many developing countries, including Nigeria, is controlled by the executive. This undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution, including government spending on the judiciary, is a subject of constitutional economics.Most states continue to breach Section 121 (3) of the 1999 Constitution, which stipulates that “any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the state shall be paid directly to the head of the courts concerned.” Only few states have instituted full or partial judicial autonomy.  It is believed that if the judiciary is well funded, judges will be better remunerated and will reduce their need to succumb to financial inducement.Conflicting judgmentsA major task before the committee is to find ways to end conflicting judgments. The late Justice of the Supreme Court, Niki Tobi, recommended that a mechanism should be put in place to ensure that once a judgment is rendered by a division of the Court of Appeal, it is immediately circulated to other divisions to engender uniformity and consistency in verdicts, especially in election petition cases.It has also been suggested that the Court of Appeal should initiate an internal law report, either electronically or in print, to guide its justices.ProcedureThe current rules of procedure, lawyers say, dwell too much on technicalities and must be reviewed. Rather than argue the substance of a case, lawyers spend time on arguments over due adherence to procedure, wasting precious time. A good case can also be rendered invalid if certain motions were served without a court’s leave, or certain documents were not signed, among others. This is an area is need of a clear-cut policy guideline.“Nigerian law is excessively and destructively procedural. What it reminds you is 18th, 19th Century jurisprudence. There is no way we can make progress with a law that is as procedural as we have,” Prof Fidelis Oditah (SAN, QC) said.Another SAN, Chief Godwin Obla, said: “We need to review our laws of evidence and procedure. We need to cut out a lot of the red tape in the administration of justice.”Time-wastingFor instance, Obla said trial is delayed when defence lawyers raise objections to the admissibility of certain evidence tendered by the prosecution.“Imagine that I have three bags of evidence to tender. On each piece of evidence, a defence counsel can keep raising objection that proper foundation was not laid. That can be used waste judicial time,” he said.He also faulted the practice of senior lawyers coming to court with over 30 lawyers and calling out their names while announcing appearance. “A lawyer comes to court with 30 lawyers and spends 30 minutes announcing their names. Why not just submit a list of names?” asked Obla.Sort out jurisdictional logjamThe case law, based on judicial decisions, provides that a court’s jurisdiction can be challenged at any stage during a proceeding. This, experts say, is subject to abuse.“The issue of jurisdiction can be raised at any stage. You see lawyers arguing that it is the livewire of a case and nothing can be built on nothing, in a case that is at an advanced stage. How can you curb corruption when you have built up such obstacles?” Oditah asked.Curb indolenceClearly defined punishment for indolence needs to be set out. Laws and rules cannot be effectively enforced without willing judges to drive the process.“A lot of time is wasted when you turn up in court in Nigeria and the judge is not there. In some cases it happens when you travel from one state to another. I recall going for a case in Port Harcourt and was told that the judge had gone for ‘early Salah,’” Oditah said.Improve case managementAn overly full docket is major cause of delay. Some judges have tens of cases listed for a day. Sometimes cases are adjourned because the list could not be exhausted. It is also not unusual to see a judge asking a prosecutor during a trial to hurry up or to conclude so that other cases could be heard. Legal analysts say it is wrong to make lawyers sit in court for hours listening to cases they are not interested in. According to them, this is an area in need of reform.CapacityA policy on capacity building for prosecutors, investigators and lawyers is crucial. A human rights group, the Access to Justice (A2J), after a study, found that the Administration of Criminal Justice Act, first passed by Lagos State in 2011, was poorly implemented.Notable among the causes of the law’s failure is a pervasive ignorance of its relevant provisions by security agencies, especially the police. The study shows that only 29 per cent of police officers in Lagos were familiar with the ACJ Law 2011 (as amended) or have received any formal training on its provisions.Review cost regimeLegal observers believe there should be a policy on the award of cost. To them, a situation where N5,000 cost is awarded for a case that has lasted for over a year is unacceptable.In some other jurisdictions, an application for costs will need to clearly demonstrate how any alleged unreasonable behaviour has resulted in unnecessary or wasted expense. This could be the expense of the entire court case or appeal.Experts say costs ought to include time spent by litigants and counsel, travel expenses, the use of consultants to provide detailed technical advice, and expert and other witnesses.According to Duhaime’s Law Dictionary, cost is defined as “a court order that the losing party in litigation must pay the successful party’s expenses plus an additional allowance, the latter as a contribution towards the winner’s legal fees”.In addition to indemnifying a successful litigant, costs serve  the following purposes: deterring frivolous actions or defences; to encourage conduct that reduces the duration and expense of litigation and to discourage conduct that has the opposite effect; encouraging litigants to settle whenever possible, thus freeing up judicial resources for other cases; and to have a winnowing function in the litigation process by requiring litigants to make a careful assessment of the strength or lack thereof of their cases at the commencement and throughout the course of the litigation, and by discouraging the continuance of doubtful cases or defences.Appointment processLegal experts have harped on the need to make judges’ appointment transparent rather than shrouding the process in secrecy. A professor of law, Oba Nsugbe (QC, SAN), said: “We need to make greater effort to completely demystify the system of judicial appointments in Nigeria from beginning to end…Uncovering information about how to go about it, upcoming vacancies, criteria for appointment, and the process of appointment was painstakingly difficult.”The National Judicial Council (NJC), in 2014, released guidelines that provide for call for expression of interest by suitable candidates, who wish to be appointed judges, including an advertorial to be placed on the website of state judicial service commissions, notice boards of courts and at NBA branches. But A2J alleged that the appointment of 25 new Federal High Court judges did not follow the guidelines.“This rule was clearly not followed in the current recruitment process. Our investigation revealed that no such call for expression of interest by suitable candidates was made,” the group said.Erring lawyersExperts say there is the need to strengthen the disciplinary procedure. Chief Anthony Idigbe (SAN), believes there should be an external regulator for the profession. According to him, self-regulation has failed.“We need an independent regulator for the legal profession,” he said, while urging the judiciary “to fight for” statutory regulation. Idigbe argued that the Legal Practitioners Disciplinary Committee (LPDC), for instance, may not be independent enough to impose sanctions on highly-placed lawyers because it is made up of jurists who may have vested interests or against whom a complaint is made.However, the NBA President Abubakar Mahmoud, has vowed to address the issue of indiscipline among lawyers. He said in his unagural address: “With respect to regulation, it appears clear that the regulatory architecture of the legal profession is out of date and out of sync with modern day Nigerian realities and indeed, the size and complexity of the legal profession today.“We must interrogate this and build a consensus on the direction to go. We need more rigorous and effective framework for establishing professional and ethical standards, reining in erring unethical lawyers and rebuilding confidence in the legal profession. In doing this we will look at current global trends and trends on the African Continent.”The NJCThe fact that the CJN also heads the NJC has been criticised. Former Court of Appeal President, Justice Isa Ayo Salami recommended splitting the two positions to avoid abuse.He said: “It is only the NJC that has a serving head of the institution as its head and who has amply demonstrated how the arrangement could be thoroughly abused.“In the circumstance, serious consideration should be given to separating the two positions as is the case with the police and the civil service.According to him, it is difficult to ease out a CJN who fouls his seat while doubling as Chairman of the Council.“The patronage the non-statutory members derive from him, such as appointment into the council and extension of their tenure makes them vulnerable and feel obliged to him and not to the body they are appointed to serve and are invariably prepared to kowtow,” Justice Salami said.The Supreme CourtObservers believe there should be a policy that allows the Supreme Court to operate with flexibility. Obla said: “We can have one Supreme Court, but sitting in different geographical areas, there is nothing wrong with it. That is how the Court of Appeal started and it’s now decentralised in almost the 36 states. I believe that at the end of the day, the end of justice will be better serve if the Supreme Court can deal expeditiously with the cases that come before it.”Interlocutory AppealsExperts believe interlocutory appeals should terminate at the Court of Appeal. Vice-President Yemi Osinbajo (SAN), in a paper, said: “There is need also to be clear and definitive intervention by the Supreme Court on notorious and recondite issues frequently deployed to delay trials.“Issues of jurisdiction require one clear Supreme Court decision, which lays down the principles and the law. Some disciplinary actions may be required with the full backing of our courts to check counsels who in the face of clear authorities delay trials by raising such issues.”Lawyers speakOn his expectations, Mr Ahmed Raji (SAN), said: “Such reforms should address problem of delays in our courts, conditions of service of our judicial officers, appointment of judicial officers, among many others.“There should be a deliberate effort at promoting arbitration and other ADR mechanisms in resolving amenable disputes, most especially commercial ones.“This will assist in decongesting the courts and make our jurisdiction attractive to foreign investors.  The courts should be reorganised in a manner that will make the ADR friendly.”Lagos lawyer, Tope Alabi said: “The proceedings of the court are very important. Judges should be compelled to use recorders provided for them. There are instances when judges would deliver judgments or rulings and when you apply for the certified true copy, what would be handed over to you is the edited copy. Some reasoning are either edited or missed.“So, judges should be using tape recorders. Cost upward review should not be contemplated now. Courts also have our phone numbers and e-mail address. Anytime court would not be sitting, we ought to be informed a day ahead.”
Source : The Nation 

Legal Editor JOHN AUSTIN UNACHUKWU profiles new officers of the Nigerian Bar Association (NBA).The Nigerian Bar Association (NBA) inaugurated new officers at the end of its annual general conference in Port Harcourt, Rivers State capital.They were sworn in despite the suits challenging the election. One of the cases was filed by Chief Joe-Kyari Gadzama (SAN) at the High Court of the Federal Capital Territory (FCT) against the election of Mr. Abubakar Balarabe Mahmoud (SAN) as NBA President.Here are the officers’ profiles:

PresidentMahmoud graduated from Ahmadu Bello University, Zaria in 1979. He holds a Master’s degree from the same university specialising in Company and Labour Relations Law. He worked for 15 years with the Kano State Ministry of Justice, rising from pupil state counsel to Attorney General and Commissioner for Justice. He founded Dikko & Mahmoud in 1993.He trained at various times at the International Development Law Institute in Rome, where he obtained a certificate in Law and Development in 1987, and in Legal Aspects of Privatisation in 1990. He also holds a Diploma in Sociology of Law from Onati Institute for the Sociology of Law in Spain (1990) and another certificate in techniques of privatisation from the Institute of International Development at Harvard University (2000). He is married to Justice Patricia Mahmoud and they are blessed with five children and a grand-child.General SecretaryMr. Isiaka Abiola Olagunju is a native of Ibadan.  He obtained his Law Degree in 1992 from the prestigious Faculty of Law, University of Lagos (UNILAG) and was called to Bar on December 15, 1993.  He started his Legal Practice with the firm of Bonajo Badejo & Co, Lagos.  He moved his practice to Ibadan in January, 1995 when he joined the law firm of TundeAbimbola & Co.First-Vice PresidentMr. Caleb Gal Dajan hails from Pankshin Local Government Area of Plateau State. He attended the University of Jos for his Bachelor of Laws (LL.B. Hons)  and Master of Laws (LL.M), degrees. He was called to Bar in 1988. He belongs to the Famous ‘88 Class of the Nigerian Law School.Caleb cut his legal teeth in the law firm of G.S .YIilyork and Co. in 1989 and left in 1993 to set up the law firm of Caleb G. Dajan & Co. He is an active member of the NBA Jos Branch and served as Chairman of its Human Rights Committee. He became  Chairman of the Branch in 2006-2010.Second Vice PresidentMr. Monday Onyekachi Ubani is the Principal Partner of the law firm of Ubani & Co. He established the firm in 1992. He attended University of Nigeria, Nsukka where he obtained an LL.B (Second Class Upper Division) degree, and was called to the bar in 1990 after bagging a B.L (Second Class Upper Division) from the Nigerian Law School. He is also a holder of LL.M Degree in Comparative Constitutional & Company Law, which he obtained from UNILAG in 1994.He began his professional career as pupil counsel in the law firm of K.C Ugbuajah & Co. in Kano during his NYSC programme and later worked briefly in Wole Olufon & Co., in Lagos. He represents many companies and high networth individuals.Ubani, a renowned social commentator and activist, was former Chairman of the Nigeria Bar Association (NBA) Ikeja 2012 – 2014, during which he initiated several reforms. He is a recipient of multiple awards. He is happily married to Mrs. Faurstina Ubani with four children. Third Vice PresidentBenedict Oji hails from Umutu, Ukwuani Local Govt. Area of Delta State. He attended the University of Benin, Benin City and the Nigerian Law School, Lagos, graduating in 1988. He is a member of  the Chartered Institute of Arbitrators (UK). He has served the Bar at both branch and national levels.Welfare OfficerAdesina Adegbite hails from Abeokuta in Ogun State. He graduated from the Obafemi Awolowo University, Ile-Ife, in 2002 and was called to the Bar in 2004. He obtained his Masters of Law degree from the Obafemi Awolowo University, with specialty in International Trade and Investment Law, and Aviation and Communication Law in 2011. He  was Financial Secretary of the NBA, Ikeja Branch. He also served as Secretary of the branch, by virtue of which he served a full term of two years as a member of the NBA National Executive Committee.Legal AdviserChief Rafiu Oyeyemi Balogun attended the University of Ilorin. He belonged to the pioneering set of the students in the Faculty of Law in 1993/1994 academic session. He was elected President of the Law Students’ Society in the 1997. He bagged his Bachelor of Laws (LL.B Hons) in 1999, no thanks to protracted ASUU strike that gave the students extra year. Balogun started his legal practice with Mallam Yusuf Olaolu Ali (SAN). Six years later, he established his firm in February, 2007.Asst. Publicity SecretaryMbamala Chukwuemeka Aloysius was called to Bar in 2007. He attended the Enugu State University of Science and Technology, Enugu. He hails from Imo State. He was Publicity Secretary of the NBA, Enugu branch from 2012-2014. He is happily married to Christiana Adaobi. The marriage is blessed with two children.Other officers are Okey Leo Ohagba (First Assistant Secretary), Aisha Ado Abdullahi (Treasurer), Cecilia Ugbuji (Second Assistant Secretary) and Ngizi Udodi (Financial Secretary
Source: The Nation 

The Ogun State Police Command has discovered a ‘shrine’ at Pokuku village in Abeokuta North Local Government Area of the state which fraudsters use to defraud victims of their money.The State Commissioner of Police, Ahmed Ilyasu, who led reporters to the site, said the police burst, it following a tip – off,  adding that it was christened ‘Pokuku Shrine’ by the operators until its discovery last Wednesday.The ‘shrine’ is housed in  a two-bedroom mud building tucked in remote parts of the  village and contained images, counterfeit foreign and local currencies and other fetish objects.Addressing reporters yesterday, Ilyasu said the shrine was raided by the Federal Special Anti-Robbery Squad (FSARS) and that one Haruna Moshood who is said to be the ring leader of the gang – owners of the shrine was arrested while others escaped.

“This is a house of horror where different kinds of criminal activities are taking place.“Following diligent and intelligent information of our special operatives, FSARS stormed this horror house and we discovered that it is a receiving end of kidnapped victims.“It is also a place where the suspected kidnappers dispose properties of their victims. And we were able to recover different denominations such as fake dollars and Naira.“By the time we arrive here, we did not see the victims and some of the suspected kidnappers escaped, but we were able to arrest one of the suspect identified as Haruna Moshood.“I appealed to the good citizens of Ogun State to be cautious and careful before they become a preys or fall into such hands,” Iliyasu said.According to the Police Commissioner, many victims must have been duped by the suspect and his accomplices.But 34-year-old Moshood, said he joined the gang in 2015 and that greedy people are usually their victims.“We always play on the greed of the victims, because they were looking for quick money. Again, we also study how wealthy, they were by telling them to bring a certain amount of money.“Assuming we ask a prey to go and bring N100,000 and he succeeds in bringing it, that shows he or she could bring a higher amount. That is how we operate,” he said.
Source : The Nation 

AN Ado-Ekiti Chief Magistrate’s Court yesterday sentenced a herdsman, Ali Haruna, to two years imprisonment for grazing his cows on a farmland.The 18-year-old Haruna was sentenced by Chief Magistrate Idowu Ayenimo after he was found guilty of two-count charge of willful and unlawful damage of farm crops at Ago Aduloju settlement on the outskirts of Ado-Ekiti.Haruna was first arraigned in court on January 22, 2016 and four witnesses gave evidence against him that he was caught in the farm belonging to Abdullahi Yaho and Bello Muhammed in the midnight, grazing his herd of cows.The cash crops destroyed by the cows in the farm included cassava, maize, okro and pepper – all valued at N3 million.

The defendant, while testifying in court, revealed that the owner of the cows lived in Ilorin, the Kwara State capital.The defence counsel, Chris Omokhafe, had prayed the court to be liberal in the dispensation of justice, saying that he was a first offender.The magistrate, in his judgment, said the court did not believe Haruna’s defence as it was not credible.He held that the police prosecutor, Sgt. Olasunkanmi Bankole, had proved his case beyond reasonable doubt.Ayenimo, consequently, convicted the defendant as charged without an option of fine.The magistrate ordered that the sentence should run concurrently, explaining that the term was minimal because the offence was committed before the Grazing Law was assented to by Governor Ayo Fayose.The Ekiti State House of Assembly recently passed a bill prohibiting open grazing in unauthorised places and also criminalised bearing of arms by herdsmen.The bill was sponsored by the Executive after the killing of two persons by suspected herdsmen in Oke Ako community in Ikole Local Government Area.The new law criminalises grazing in some places and certain time limit in the state.Signing the bill, Fayose said that the new law would check cases of incessant attacks or killings of local residents and destruction of farmlands by herdsmen and their cattle.He added that the law would also strengthen security in various communities across the state, adding that anyone that fouled the law stood the risk of being treated as terrorist.“With the signing into law of this bill today, anyone caught grazing with arms or any weapon in Ekiti would now be charged with terrorism and be made to face the law according to certain sections of it,” he said.Source: The Nation 

THIRTY-EIGHT-YEAR-OLD Adegboyega Michael, the leader of the fraud syndicate which was allegedly involved in the transfer of money from bank customer’s account in a first generation bank (name withheld) through the connivance of a bank staff member, has been arrested by the Lagos State Police Command.

Michael (38) was arrested on August 26, four months after the police had been looking for him.

Crime Reports learnt that a female banker (names withheld) whose password was used to access a bank customer’s account details lodged a complaint with the Lagos State Commissioner of Police, Fatai Owoseni, that she was falsely accused of fraud in her office. The owner of the account who was based in London had lodged a complaint with the bank when he discovered that money in his account had depleted.

The police commissioner reportedly forwarded the petition to the Rapid Response Squad on April 19 and by the following day, four suspects were arrested. Those nabbed included Ezurike Peter (35) who was a staff member of the bank in which the account of the victim was domiciled, Ayo Olalekan (32), Ochenehi Israel (31) and the gang leader’s wife. A manhunt was also launched for the syndicate leader, Michael.

The syndicate’s modus operandi, according to police sources, was to increase the limit of a bank customer’s account after Peter, who was an insider, would have got the customer’s details and phone number by using his colleague’s password to access it. The phone number of the account holder would also be blocked temporarily from receiving debit alert while the limit of his/her financial transaction would be upped to N200,000.

To achieve this, a syndicate member, Israel, would go to the bank where the targeted account was domiciled to fill a form to increase the daily limit on the account. He would not wait but would drop the form, saying he would be back. Once the name and phone number tallied, the bank would act, not knowing that the account details had been compromised by their staff.

To ensure that the owner of the account did not suspect anything, the syndicate would have held the line of the owner so that he or she would not have network on his phone to receive debit alert.

Israel was said to be very skilled in his role and the members were getting N200,000 daily which was usually shared equally, with each syndicate member getting N50,000.

They were said to have taken N600,000 from an account in three days and N2 million from another in 10 days.

Michael, also reportedly used his wife’s account into which his own share was transferred. The syndicate leader who had been on the run was eventually arrested on August 26 and transferred to the Special Anti-Robbery Squad (SARS), Lagos State, for further investigation.

In an interview with Crime Reports, Michael confessed to committing the crime but gave reason for his action. According to the suspect, “it is true I was arrested in connection with fraud. I joined the syndicate after I was also defrauded to the tune of N4.7 million. Some people approached my auto shop and said they wanted to buy a car. They paid me with fake dollar notes. Later they told me they were a syndicate and what they did was a game.”

When asked whether he was collecting dollars as payment for cars purchased from him, Michael replied that he wanted to help the ‘customers’ change the money to naira. “I also got bank alerts that indicated payment of cash into my account in addition to the dollars. I believed that the transaction was successful so I handed the car over to them. It was when I got to the bank that I was told that the dollar notes were counterfeit.

“I had nothing again. Along the way, I saw a friend called Harrison and he brought me into the (fraud) business. He said that if I would follow him, I would see how the business was being done. We did the business on mobile phones by transferring money from an account in a bank to another. It was usually achieved through an insider, a friend of mine, Peter who worked in that bank. I told him and he said we should go ahead. I have now learnt my lesson,” Michael spoke further.

When contacted, the police image maker in Lagos State, SP Dolapo Badmus, confirmed the arrest and said that the suspect would be charged to court at the completion of investigations.

Source : Nigerian Tribune