Why the World Must tackle corruption and terrorisM noW Why the

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Why the World Must tackle corruption and terrorisM noW Why the
A
weekly pull-out
Christine Lagarde, Managing
Director of the International
Monetary Fund, at the Opening
Ceremony of IBA Conference 2016
27.09.2016
Why the World
Must Tackle
Corruption and
Terrorism Now
2/DASHBOARD27.09.2016
An Ex-Parte Order
Automatically Lapses
After Fourteen Days of
Its Being Made
page 3
Onikepo Braithwaite
Appointed as the New
Editor of THISDAY
LAWYER
page 4
Oguntade, Agbakoba
for NBA Lagos Law
Week
page 4
Institute of
Arbitrators Launch
New Programmes
page 4
‘Legal Practice
Requires a Lifetime of
Perseverance’
Quotables
‘The work of a judge the world over is not easy. It is
even more difficult in our society where cases are
prosecuted on the pages of newspapers. However,
the work of a judge is the highest position of trust
and confidence that God can give to any human
being. Trust that you sit to judge your fellow human
beings and their activities. I therefore urge my
brother judges to search their conscience before
taking any judicial decision. You do not have to know
all the law but your decision must be one that even
the party who lost will have cause to appreciate your
intellect, scholarship and call to duty'.
– Chief Judge of the Federal High Court (FHC),
Hon. Justice Ibrahim Auta
'In advanced capitalist societies, lawyers are dutybound to ensure that the law is higher than everyone,
no matter how highly placed. But in a peripheral
capitalist society like Nigeria, lawyers have placed
rich and powerful individuals above the law. In recent
times, many senior lawyers have shown proclivity
for manipulating the criminal justice system to
detriment of the society by lending their expertise
to clients outside the bounds of law in contravention
of paragraph 15 (2) of the Rules of Professional
Conduct in the Legal Professional'.
– Femi Falana SAN
page 5
Grand Opening of the
2016 IBA Conference
in Washington DC
page 6
Can an Area Council
Licence Legal
Practitioners to Practice in
the FCT?
page 12
RE: The Nigerian
Army Lacks the
Power to Declare
Civilians “Wanted”
page 16
JUDE IGBANOI DEPUTY EDITOR TOBI SONIYI ASSISTANT EDITOR
AKINWALE AKINTUDE REPORTER TUNDE BUSARI GROUP HEAD
OCHI OGBUAKU II ART DIRECTOR
LAW REPORT/3
An Ex-Parte Order Automatically
Lapses After Fourteen Days of Its
Being Made
I
n this Appeal, the Court of Appeal held that the
trial court’s order discharging a prior ex-parte order
was a mere surplusage as the ex-parte order had
already lapsed after fourteen days of it being made.
Facts
The Appellant entered into a contract with the
1st and 2nd Respondents’ for the supply of spare
parts, lubricants, consumables and ship store for
the 1st Respondent’s operations in Lagos. Pursuant
to the contract, the Respondents’ made various orders
which were supplied by the Appellant on the agreement
that the Respondents’ will pay the Appellant within 30
days of such supplies. The Respondents’ defaulted in its
payment obligations.
The Appellant in seeking to recover the debts arising
from the Respondents’ default instituted an action at the
Federal High Court, Lagos Judicial Division (trial court”)
on 12 October 2009, claiming the sum of USD 404, 189.36
(Four Hundred and Four Thousand, One hundred and
Eighty Nine US Dollars and Thirty Six Cents) and accrued
interest.
Together with its originating processes, the Appellant
filed a motion ex-parte with supporting documents
praying the Court inter alia for an order arresting and/
or restraining the 1st Respondent. The court granted the
motion ex-parte on 13 October, 2009 and ordered the
arrest of the 1st Respondent. The Respondents’ on 18
November 2009, the Respondent’s filed an application
seeking unconditional release of the 1st Respondent from
arrest on the basis that certain material facts were concealed
by Appellant in its request for the exparte order. According
to the Respondent’s the Appellant concealed the fact that
the owners of the vessel are resident in Nigeria and as
such the vessel cannot be arrested in Nigeria. In a ruling
delivered on 10 December, 2009, the trial court granted
the Respondents’ application and unconditionally released
the vessel from arrest without requesting for any security
from the Respondent. In the ruling, the trial court held
that since the owners of the vessel are a going concern
and ordinarily resident in Nigeria, there was no need
arresting the vessel.
Dissatisfied with the Ruling, the Appellants filed a
Notice of Appeal dated 10 December, 2009 from which
two issues for determination were formulated;
a. Whether the learned trial judge was right when he
held that the Respondent vessel cannot be arrested in
an admiralty action in Rem for the sole reason that her
owners are ordinarily resident in Nigeria and are a going
concern?
b. Whether the learned trial judge was right when he
held that it was a condition precedent for an arresting
party to first notify the Court whether the owners of the
vessel are resident in Nigeria or not and the failure to
so inform it amounted to concealment of material fact?
The Respondent on their part filed a Respondents’ Brief
of Argument and a Notice of Preliminary Objection dated
11 April 2012 (“PO”). The Respondent’s PO was filed on
the grounds that the Court does not have jurisdiction
to adjudicate on the appeal, in absence of a competent
Notice of Appeal.
With respect to the PO, the Respondent submitted that
under Section 242(1) of the 1999 Constitution of the Federal
Republic of Nigeria as amended, there is a constitutional
requirement for leave to be sought by an Appellant when
questioning the exercise of the Lower Court’s discretion
on an issue or subject matter, before such an Appeal can
be competent. He further submitted that non-compliance
with the constitutional requirement will make the said
Appeal incompetent.
Thereafter he contended that the Appellant’s failure
to obtain the requisite leave has rendered the Notice of
Appeal fundamentally defective and that the court must
make a distinction from a ground of appeal based on
law alone from one on facts or on mixed law and facts.
He relied on MAIGORO v GARBA (1999) 10 NWLR
(Pt. 624) 555.
Furthermore he argued that the Appellant is questioning
the discretionary power of the trial court to vacate an arrest
order on the ground of misrepresentation/concealment of
material facts, and thus the Appellant’s complaint is against
the trial court’s evaluation of facts before applying the law
to those facts. Based on the foregoing, he contended that
the Appellant’s complaint is a ground of mixed law and
fact which requires leave of court and failure to obtain
said leave is fatal to the competence of the appeal.
In response, the Appellant submitted that that it is also
settled law that in determining whether an appeal is as
of right or required leave, when such issue is raised,
In the Court of Appeal
Lagos Judicial Division
Holden at Lagos
On Friday the 1st Day of july, 2016
Before Their Lordships
Sidi Dauda Bage
Yargata Byenchit Nimpar
Abimbola Osarugue Obaseki-Adejumo
Justices, Court of Appeal
CA/L/511/2010
Between
Jessco Maritime Resources .... Appellant
And
The M/T Mother Benedicta
The Owners M/T Mother Benedicta ....Respondents
(Judgment Delivered by Sidi Dauda Bage JCA)
the Court will have to examine the grounds of appeal
in reaching the appropriate conclusion. Thereafter he
submitted that Grounds one and two are on clearly
grounds of law alone, and the Respondents’ allegation
that the Appellants grounds of appeal is of mixed law
and fact is grossly misconceived.
On Issue one of the appeal, the Appellant submitted
that from the records of this Court, the 2nd Respondent
did not at any time deny being the beneficial owners of
the 1st Respondent vessel. He further submitted that it is
settled principle of Admiralty Law that the principle of
sovereign immunity does not attach to a vessel merely
because her owners are resident in Nigeria or are a going concern in Nigeria. Thereafter he submitted that the
only class of vessels immune from being arrested in an
Admiralty action in Rem is Government owned ships.
The Appellant further submitted that Section 5(4) of
the Admiralty Jurisdiction Act 1991 provides that an
Admiralty action in rem can be validly brought against
the ship where the claim arises in connection with the
ship and the person who would be liable in an action in
personam is the owner of Charterer or the Vessel. He
thereafter submitted that being an admiralty action in rem,
the Appellants action was in the first instance directed
at the ship itself to which it made several supplies and
whether or not her owners are resident in Nigeria or
do business in Nigeria is totally immaterial within the
ambit of the applicable admiralty laws.
The Respondent in response submitted that an ex-parte
application will usually be granted where delay caused
during proceedings might involve irreparable loss and
where such situation exists the Court might exercise its
discretion in favour of the applicant. In line with the
foregoing, he submitted that the time relevant in determining
urgency justifying the grant of ex-parte application is
the time between the happening of the event which is
sought to be restrained and the date for the application
for injunction could be heard if taken after due notice
to the other side. He thereafter stated that from the facts
relevant to the issue as contained in the affidavits, it Is
clear that there was no serious injury to be suffered by
the application since the 2nd Respondent the owner of
the 1st Respondent is a going concern in Nigeria and
within the Courts jurisdiction.
Courts Rationale and Judgment
On the PO, the Court stated that where errors of law
are alleged then the errors complained of must be fully set
out in the grounds of appeal. The Court thereafter referred
to the case of NAWAOLISA v NWABUFOH (2011) 14
NWLR (Pt. 1268) 600 at 610, where the Apex Court held
that in determining if an appeal is as of right or leave is
required, the grounds of appeal must be examined. The
Court thereafter referred to Nwaolisa to proffer guidance
to how an appeal will be classified;
a. Where the complaint in the ground of appeal is a
misunderstanding by the Court of the law or misapplication of the law to the facts already established , it
is a ground of law
b. Where the grounds of appeal disputes or questions
the evaluation of facts by the Court before applying the
law, it is a ground of mixed law and fact
c. Where the facts are not disputed but there is a wrong
application of law to undisputed facts it is a ground of
law. Ground of pure fact is much easier to examine.
The Court thereafter examined the two grounds vis a
vis the classification made by the Apex Court above. On
ground one, the court stated that an admiralty action in
rem involves the interpretation of the law and that the
issue whether the Court can arrest or cannot arrest is
no longer discretionary on the part of the Court as the
law provides for what is to be done in an admiralty
action in rem. Based on the foregoing, the Court held
that ground one is on pure law and no leave of court
would be required to file such a ground.
On ground two, the Court stated that after an examination
of the ground, it raises an issue of mixed law and fact
specifically on the allegation of failure to give the court
information that the owners of vessel are resident in Nigeria.
The Court thereafter stated that the said allegation could
amount to concealment of facts and the determination of
such cannot be done without consideration of the facts
and as such ground two is one of mixed law and fact.
Thereafter the Court stated that in accordance with
Section 241 (1) of the 1999 Constitution where no express
provision was made on a ground of appeal of mixed
law and fact, it is settled law that leave must be sought
for and obtained before filing said grounds. The Court
further stated that the failure to obtain such leave is fatal
to the competence of that ground.
After analyzing both grounds the court held that ground
one being a ground on law survives and requires no leave
of the Court, while ground two being a ground on mixed
law and fact requires leave to be obtained before filing
said ground. Thereafter the Court held that in absence
of such leave ground two becomes incompetent and is
hereby struck out. Based on the foregoing, the Court held
that all issues arising from ground two are struck out
and the appeal shall be determined on the only surviving
ground (ground one).
With respect to the appeal, the Court held that the question
which needs to be addressed is “what is the life span of
the order made sequel to the ex-parte application?” The
Court in seeking to answer the aforementioned question
stated that because there is no provision as the life span
of an ex-parte order under the Admiralty Jurisdiction
Act, resort must be made to Order 26 Rule 12 (2) the
Federal High Court Civil Procedure Rules 2009. The said
order states that if a motion to discharge an ex-parte
order is not made within 14 days, the ex-parte order
will automatically lapse.
The Court further proceeded to conduct an examination
of the facts in relation to the day the ex-parte order was
made by the trial court and the day the application to
discharge the ex-parte order was made. Based on the
foregoing, the Court held that the as at the time application to discharge the ex-parte order was filed, the
ex-parte order had lapsed by effluxion of time. The Court
thereafter held that based on the foregoing, there was no
subsisting order to vacate as at the time the application
was made and that the ruling of the trial court was a
mere surplusage.
The Court held that since there was a decision by the
Honourable Court granting the Respondents application
for the discharge of the order of arrest unconditionally
this Court has no reason whatsoever to disturb that decision. The Court thereafter resolved the appeal against the
Appellant and dismissed the appeal for being devoid
of merit.
APPEARANCES
For the Appellant: Ikechukwu
For the Respondents: A.H. Olorewaju Kadiri
Reported by Ibukunoluwa Omotorera Owa, Aluko
& Oyebode Lagos.
4/NEWS27.09.2016
L-R: Alternate Chairman, NBA Lagos Branch 2016 Law Week Committee, Mr. Femi Fajolu, Secretary, Mrs. Uche
Ikwueme, Chairman, Mr. Kemi Balogun SAN, Branch Chairman, Mr. Martin Ogunleye and Mrs. Uwala MurphyAkpieyi, a committee member, at the Press Conference in Lagos to herald the Law Week
L-R: Public Relations Officer (PRO) CIArb (UK) Nigerian Branch, Mr. Juwon Adenuga, General Manager, Mrs. Oluwakemi
Eweje, 3rd Vice-Chairperson, Mrs. Sola Adegbonmire and Chairman, Young Members, Mr. Greg Nwakogo, at the CIArb
(UK) Nigerian Branch general meeting held at the International Centre for Arbitration and ADR in Lagos, last week
Oguntade, Agbakoba for
NBA Lagos Law Week
Stories by Akinwale
Akintunde
Former Justice of the Supreme
Court of Nigeria, Hon. Justice
George Oguntade (CFR) is
expected to be the chairman of
the opening ceremony of the 2016
Law Week of the Nigerian Bar
Association (NBA) Lagos Branch
scheduled to hold from October
5 to 8, 2016.
The Chairman of the Law
Week Planning Committee,
Mr. Oluwakemi Balogun SAN
at a press briefing to herald the
event with the theme “Judicial
Independence and the Democratic
Process”, disclosed this last week.
According to Balogun, the
Keynote Speaker who will tackle
the theme of the annual event
which attracts members of the
Bar and Bench, security agencies, corporate and civil society
organisations, and individuals
from diverse fields of expertise,
is Dr. Olisa Agbakoba.
Balogun said the theme is
germane in light of perceived
assaults on judicial independence
and the deleterious impact such
anomaly may have on our nascent
democracy.
“This year’s Law Week is
designed to be the best-ever
held by the Premier Branch. It
will witness several activities
including a high-profile Opening Ceremony at the MUSON
Centre on Thursday, October 6,
2016. The Opening Ceremony
will be chaired by respected
former justice of the Supreme
Court of Nigeria, Justice George
Oguntade (CFR) while the
Keynote Speaker, Dr. Olisa
Agbakoba (SAN) will tackle
the theme of the Law Week,
“Judicial Independence and the
Democratic Process.”
Technical and breakout
sessions will also hold at the
same venue on October 6 and 7,
2016. Meanwhile, over 10 Senior
Advocates of Nigeria (SANs)
have confirmed their willingness
to speak at this year’s Law
Week. Among the topics to
be discussed include Judiciary
in an Emerging Economy,
Challenges and Prospects;
Financial Due Diligence and
Anti-bribery Laws; Emerging
Trends in Copyright, Computer
Software and Trademarks; Mergers, Acquisitions and Strategic
Alliances: The Role of a Lawyer;
Aircraft Leasing and the Global
Jurisdictional Issues, as well as
a Mock Arbitration legal clinic.
“Other topics are Port
Regulations and Infrastructure
in Nigeria; Business Development in a changing Legal
Market; Is Advocacy Training
an important part of a Young
Lawyer’s Development? and
Combating Money Laundering:
The Roles of Lawyers and the
Judiciary. Continuing Professional Development/Continuing
Legal Education credits will be
awarded to participants at the
Law Week.
“Lawyer-turned-business mogul, Dr. Wale Babalakin SAN will
tackle the topic, “Judiciary in an
Emerging Economy: Challenges
and Prospects.” Discussants for
the session include financial czar
and Chairman of United Bank
for Africa, Mr. Tony Elumelu as
well as the Human Resources
& Corporate Services Executive
at MTN Nigeria, Ms. Amina
Oyagbola.
“The General Interest and
Practice Session promises to be
one of the most explosive sessions,
as it will deal with the issue of
corruption and financial crimes.
Renowned jurist and Secretary
of the Presidential Advisory
Committee on Corruption, Prof.
Bolaji Owasanoye will speak on
“Financial Due Diligence and
Antibribery Laws.”
“Aside from the Executive
Director of Asset Management
Company of Nigeria (AMCON),
Mr. Kola Ayeye who has accepted
to chair the session, discussants
include the Chairman of the
Economic and Financial Crimes
Commission, Mr. Ibrahim Magu;
former Inspector-General of
Police, Mr. Solomon Arase and
the commercial attachees of both
the United States and British
embassies in Nigeria.
“Aside from the Bar & Bench
Forum on “Combating Money
Laundering: The Roles of Lawyers
and the Judiciary” to be chaired
by the Presidenig Justice of the
Court of Appeal, Lagos Division,
the technical sessions will also
witness a much anticipated
session by the branch Young
Lawyers Forum, coming on
the heels of a Mock Arbitration
orchestrated by the Chartered
Institute of Arbitrators (UK) and
the Lagos Court of Arbitration
(LCA).
“While the Law Week will
kick-off effectively with visits
to Ikoyi and Kirikiri Prisons by
the Branch Executive Committee
and members of the 2016 Law
Week Committee among others,
a novelty football match will
hold at the Campos Stadium
in central Lagos to herald the
Variety Night and other activities
for the week.
“Curtains will be drawn
on the eagerly awaited Law
Week with a high-profile
Independence Dinner at the
Shell Hall of the MUSON
Centre where leading lights
of the Bar are expected to
support the launch of a Building
Fund towards a befitting N1.2
Billion Bar Centre/Secretariat
for Nigeria’s most illustrious
branch. Aside from an exclusive
Elders’ Night to be hosted by
business magnate and Chairman
of Multichoice Nigeria, Chief
Dewunmi Ogunsanya (SAN),
the Young Lawyers Picnic at
Muri Okunola Park, Victoria
Island, Lagos will bring the
highly anticipated week to a
close.
Synergy Attornies Partners Juweirat Law Resource
Centre to Hold Workshop to Tackle Building Collapse
Juweirat Law Resource Centre
in collaboration with Synergy
Attornies will tomorrow hold its
maiden workshop to address the
increasing problems of building
collapse in the country.
The two-day workshop for
lawyers and other stakeholders
in the building and construction
sector, titled: "Legal Due Diligence
on Building and Construction” is
scheduled to hold on September
28 and 29, 2016 at 12, Wede
Obahor Street, Atlantic View
Estate, off Alpha Beach Road,
Lekki, Lagos.
According to the Co-coordinator of the event, Lady Edith
Uduji, the theme of the workshop
is central to the myriads of solu-
tions and remedies that would
address problems of building
collapse in the country.
Some of the speakers expected at the workshop include:
Director General of Standard
Organisation of Nigeria (SON),
Dr. Paul Angya and a Legal,
Management and Human
Resource Consultant and an
Insurance Expert, Mrs. Sade
Adetiba.
Both facilitators will deliver
papers on: "the Current Legislations, Rules and Regulations
Governing
Construction
Activities and Critical Factors
in Preventing Failure”.
Other speakers are Engineer
Kenneth Onyema Esq., - an
American trained Civil Engineer
Expert and a Lawyer. He worked
as a design Engineer at the
Kano/Rand Irrigation Project
of the Hadejialamaare River
Basin Development Authority.
He currently runs a Construction
Company, Equaling International
Ltd. And Engineer Cosmos
Njoku - a Construction Project
Manager from MNSE.
Both facilitators will discuss
“The Legal Roles/Responsibilities
of all Building/Construction
Agencies, Managers or those
who Monitor the Activities
of Companies, Developers or
Builders both in the States and
Federal Government level.”
Professor Fabian Ajogwu SAN,
an Author as well as a Professor
of Commercial and Investment
Law at Lagos Business School
an Pan African University, and
Mr. Deji Opeola, an American
trained Finance Expert, who
worked with American leading
Finance Institute before coming
to Nigeria but now runs his
own firm will also speak on
“Financiers in the Building
and Construction Industry:
Gaining Access to Project
Capital Funding.”
Also Mr. Rotimi Jacobs SAN,
will look into “Red Flags on
Criminal Law Responsibilities
and risks in Building and
Construction Industry in
Nigeria”.
Onikepo Braithwaite
Appointed as the
New Editor of
THISDAY LAWYER
Mrs. Onikepo Braithwaite has
been appointed as the new editor
of THISDAY LAWYER. She is
a seasoned legal practitioner
with over 20 years’ experience
and the daughter of the first
female President, Nigerian Bar
Association, Dame Priscilla Kuye.
She practices with the law firm
of Priscilla O. Kuye & Co as a
Barrister and Solicitor specialising
in litigation and property law.
Mrs. Onikepo Braithwaite
obtained her Bachelor’s Degree
from the University of Lagos in
1990 and holds another degree
in Economics with a minor in
Business Administration (BBA)
from the Oglethorpe University,
Atlanta, Georgia, USA. She was
called to the Nigerian Bar in
1991.
She is a Director at the
Nigerian Gas Cylinders Manufacturing Company Limited,
Ibadan, Oyo State, an Associate
Member of the Chartered
Institute of Arbitrators, UK
and a member of the LPG
Cylinder Stakeholders Committee of Nigerian Content
Development & Monitoring
Board (Local Content Board).
She takes over from Mrs.
May Agbamuche-Mbu who
has been appointed as an
INEC National Commissioner.
Onikepo Braithwaite
Institute of
Arbitrators Launch
New Programmes
The Chartered Institute of
Arbitrators UK (CIArb) Nigeria
Branch has introduced new
programmes for arbitrators,
mediators and adjudaicators.
The newly introduced
progammes include arbitration surgery, workshop series,
mock arbitration and training
for arbitral tribunal registrars.
The Chairperson of the
branch, Mrs. Adedoyin RhodesVivour, while speaking during
the institute’s general meeting
held at the International Centre
for Arbitration and ADR in
Lagos said the Arbitration
Surgery was aimed at providing members and those
with an interest in arbitration,
mediation and ADR qualitative
educational events at low costs.
Rhodes-Vivour explained
that the Arbitration Surgery
would be presented in an
interactive discussion format
on particular topics.
“Course leaders will be the
very best in their respective
fields and are expected to draw
from actual real life experiences
of problems or challenges in
the course of their reference.
“The Arbitration Workshop
Series is aimed at continuous
professional development of
Arbitrators and Alternative
Dispute Resolvers in line with
the institute’s commitment to
the delivery of educational
qualification and training
of the highest standard in
arbitration and ADR.
“While the Mock Arbitration is aimed at enabling
persons interested in the field
gain practical knowledge of
conducting a reference from
the commencement of the
proceedings to the end. It
will also give the opportunity
for developing technique
for drafting the tribunal’s
various procedural orders
for direction and writing
an award.
“On the training for Arbitral Tribunal Registrars, the
focus of this initiative is the
professional development of
Registrars with the view to
building capacity within our
membership of those who
wish to undertake Registrar
Continued on page 5
27.09.2016/5
Hogan Lovells, Lagos Court of Arbitration,
Host Onobrakpeya’s ‘Harmattan’ Workshop
… over 300 new artworks showcased in celebration of African art and culture
G
lobal law firm Hogan
Lovells hosted an art
exhibition last week
Thursday to showcase
the artwork of one of
Africa’s most respected
artists, Professor Bruce
Onobrakpeya, in association with the Lagos
Court of Arbitration
(LCA).
Onobrakpeya pioneered the famous modern
art movement, Zaria Rebels, alongside Yusuf
Grillo, Demas Nwoko and Uche Okeke. He
is also a master at creating art techniques,
which showcase Nigeria’s rich culture and
heritage.
The exhibition, themed “Harmattan
Workshop” was held at the Lagos Court
of Arbitration following a press briefing
with Hogan Lovells Africa team including
their head of Africa, Andrew Skipper, the
President of the Lagos Court of Arbitration,
Yemi Candide-Johnson, Professor Bruce Onobrakpeya, and the curator of the exhibition,
Sandra Obiago.
Hogan Lovells, having been active in Africa
for decades and a keen supporter of African
art and culture, sponsored the exhibition
which runs until Dec 15 2016.
Commenting on the global firm’s interest
in Nigerian Art, Head of the Africa practice
Hogan Lovells and Advisory Board member of
the Smithsonian National Museum of African
Art, Andrew Skipper said: “Hogan Lovells
has great respect for Africa and the Art of
Africa. We support African culture for its
uniqueness, beauty, and transformational
quality. Professor Bruce is an inspiring artist
and teacher whose works we are in awe
of and who is changing the lives of the
disempowered people across Nigeria who
he trains.”
Skipper further noted: “Nigeria is one of
the key markets we operate in and when
you understand the culture of people it is
easier to do business with them.”
The Harmattan workshop was birthed in
1988 by Onobrakpeya when he decided to
launch an informal training initiative for artists.
Institute of Arbitrators Launch New Programmes
services and enhance their effectiveness”, she
said.
The chairman also highlighted the role of the
institute’s committees, such as membership,
training, Branch Journal, ethics, schemes and
Conference Planning Committee.
The committees, she said, will meet once
every quarter, adding that members can meet
by teleconferencing or videoconferencing
where necessary. A committee Chairman is
to submit reports at each Executive Committee
meeting, she added.
On Branch's Mentoring Scheme, Mrs. RhodesVivour said: “Mentoring is a powerful tool
for personal development and an effective
According to Onobrakpeya, “The Harmattan workshop is an alternative source of art
education. The artists have the freedom to
express themselves without being bogged
down by academic settings or expectations
and are actually able to develop themselves.
People in the rural areas also get access to
learning that they would not normally have,
and we are discovering people who are able
to use their art to tell stories.”
During the press conference, there were
several discussion about the potential importance of Art to the Nigerian economy
as an alternative source of income, as well
as the need for more corporate entities to
invest in Art and Culture by supporting
informal education centers and developing
art in Nigeria.
The President of the Lagos Court of Arbitration, Yemi Candide-Johnson expressed the
Lagos Court of Arbitration’s willingness to
continue supporting Art & Culture in Nigeria,
noting that the LCA opens its doors to art
lovers to showcase art work, while challenging
other corporates to do same.
Commending Hogan Lovells sponsorship
of the initiative, he said “Sponsorships like
this shouldn’t be a one time initiative. It is
important to find sponsors who are in it for
the long term and Hogan Lovells is filling
a huge vacuum in this regard by lending
their support to this initiative.”
Skipper reiterated Hogan Lovells commitment to investing in Nigeria despite
the current economic challenges, “Hogan
Lovells has a global view. We look at things
in the long term and we know that Africa
will be strong so it is critical for us to be
here. Nigeria is a country where you simply
cannot Not be in, and we are here for the
long term”.
The Harmattan workshop exhibition
showcased 34 important artworks, highlighting Onobrakpeya’s artistic career spanning
over 50 years, along with over 200 paintings,
sculptures, ceramics and mixed media work
created by 124 Nigerian and International
artists who have attended the Harmattan
workshops in Agbarah-Ottor, Delta State
since 1998.
Continued from page 4
way of assisting our members to progress
in their dispute resolution career paths.
“The Executive Committee in line with
its mandate recognizes the need to ensure
the continuous growth and development of
our members and have thus resolved to set
up a mentoring scheme.
"Mentoring of our young members is
also aimed at advancing the continuous
availability of a crop of quality arbitrators
within our branch. The scheme is also aimed
at providing our young members with ease
of access to role models.”
General Manager, CIARB Nigeria branch,
Mrs. Oluwakemi Eweje, who gave a lecture
on CIARB Code of Professional and Ethical
Conduct for Members, said arbitrators must
endeavour to play by the rules.
She took members through the code’s
requirements for the interview of prospective
arbitrators, party-non-participation and terms
of remuneration.
On interviews, she said: “As a potential
appointee, before you grant an interview,
ensure to see the arbitration agreement.
The essence of this is to ensure that you
are not by granting the interview violating
any applicable laws or rules governing the
agreement.”
On fees, Mrs. Eweje said the terms of
remuneration must cover fees, cancellation
charges, disbursements, Value Added Tax,
interim payments, security of fees and disbursement arrangements in case of settlement,
period for payment and interest in delayed
payments, and periodic adjustment rates.
She urged members to visit www.ciarb.
org/guidelines to acquaint themselves with
the guidelines.
“The Branch is always available to provide
continuous professional development through
its various activities like the workshop series,
mock arbitration, annual conferences, mentorship programme and networking forums,”
she added.
Legal Personality of the Week Wolemi Esan
‘Legal Practice Requires a
Lifetime of Perseverance’
out for sentimental reasons is when on
my first day in Court as a Lawyer, my
appearance was announced by the great
Chief FRA Williams (SAN) of blessed
memory. When I joined Olaniwun Ajayi
LP fresh out of Law school, the firm was
being led by Chief FRA Williams (SAN)
in a matter of national importance. Words
cannot describe the way I felt when on my
first day in appearing in the matter, which
incidentally was also my first day in court
as a Lawyer, Chief FRA said “appearing
with me is Wolemi Esan Esq.”.
My name is Wolemi Esan. I have been practicing for about 15 years and I am a Partner at
Olaniwun Ajayi LP, where I head the Power and
Infrastructure Practice. In addition to my broad
based commercial practice, I also undertake
contentious work in terms of arbitration and
litigation, from time to time. I graduated from
the Lagos State University (LASU), and possess
an LLM from the University College London
(UCL) and an MBA from Durham University,
UK.
Have you had any challenges in your
career as a Lawyer and if so what were
the main challenges?
The difficulty in achieving work-life balance
remains a key challenge. For various reasons,
the practice of law does not readily lend itself
to a healthy work-life balance. My belief is that
it is near impossible to practice law successfully
without passion and this can sometimes impact
the time available to pursue other interests.
People say law is a jealous mistress; on the
contrary, I think it is more of a controlling wife.
Legal practice requires a lifetime of perseverance, continuous reading, and working with
demanding clients among many other things.
Fortunately, I have a supportive family and
strong network of friends, and together we have
evolved a method that works to enable me
Wolemi Esan
sustain my passion for the profession, and
at the same time nurture the relationships
and experiences that are important for my
wellbeing.
What was your most memorable
experience?
Of the many memorable experiences I
have been privileged to have, one that stands
Who has been most influential in
your life?
My parents have been most influential in
my life. They gave me the moral compass
with which I navigate life, and taught me the
value of hard work and diligence, integrity,
striving for excellence, respect for others,
faith in God, and helping those who are
least able to help themselves.
Why did you become a Lawyer?
Ironically, my decision to become a
lawyer was neither planned nor made out
of initial admiration for the profession. It
was an uncharacteristic impulsive decision
I took in the 99th hour in my final year at
Government College, Ibadan. Out of adolescent
boredom, one morning I decided I was going
to become a lawyer, and from that moment I
abandoned subjects like Further Maths, Physics,
Chemistry that I had studied for about 3 years
and which I was doing fine at. Over time, the
decision to switch to law has proved to be an
inspired one.
What would your advice be to anyone
wanting a career in Law?
My advice to anyone who wants to study
law is to first accept that this is not a profession
that can be practiced without passion. It is
almost a calling if I can put it that way. It
requires complete devotion, a lot of hard work,
perseverance and sacrifice. A supportive network
of family and friends is also very important
as well as marrying an understanding spouse
because Law can be all consuming and this
can put pressure on one’s family life.
If you had not become a Lawyer, what
would you have chosen?
If I did not study law I would probably
have chosen to become a Chemical Engineer.
Where do you see yourself in ten years?
In the next ten years I see myself contributing
to the shaping of public policy.
6/27.09.2016
Grand Opening of the 2016 IBA
Conference in Washington DC
Cross section of delegates at the Opening Ceremony
Gbolahan Gbadamosi
W
ith a spectacular
display by
the 2015 Tony
Award for Best
Leading Actress
in a Musical
and one of
the Broadway's
great leading
ladies, Kelli O'
Hara, opened the 2016 International Bar
Association (IBA) Conference in Washington DC ,USA on Sunday, September
18.
The Opening ceremony held at
the Walter E. Washington Convention
Centre hosted over 6,000 global lawyers
and legal practitioners led by the IBA
President, David W. Rivkin who in his
Opening Speech said, " It is a pleasure
for me to welcome all of you-more than
6,000 delegates; than 1000 at our annual
conference for the first time--to my home
country and our nation's capital .It is an
exciting time to be in Washington : the
final months of the Obama Administration and a Presidential election that is
making us much more nervous than we
would like. I was delighted to be able
to open the ceremony with Broadway
classics, quintessentially American music.
He continued, " It is very appropriate
for the IBA to be holding an annual
conference in Washington .It is not only
the center of the US Government but
of many multilateral agencies. It bears
the influence of many foreign architects.
The Capitol Building was designed by a
British doctor, and the White House by
an Irish architect. A Frenchman, Pierre
L'Enfant, designed the city".
Rivkin's audience included the Keynote
Speaker, Managing Director, International
Monetary Fund (IMF) Christine Lagarde,
noted that, "Since its founding in 1947,
the IBA has been dedicated to the
promotion and preservation of the Rule
of the Law throughout the world. Today,
as we are face many new challenges to
the Rule of Law around the world, it is
important to remember that it is neither
a new concept nor one rooted only in the
tradition of some countries .The Rule of
Law is an ancient and universal concept."
Giving his stewardship in the last one
year, IBA President, added, "Last year,
IBA joined many others in celebrating
the 800th anniversary of the Magna
Carta, a document that continues to
inspire the conviction that no person,
nor even a Ruler, is above the law, as
well as the fundamental principle that
any accused person is entitled to due
process. Since we met in Vienna, the IBA
has had an extraordinary year in serving
this mission. In January in Myanmar, I
had the honour of joining Daw Aung
Suu Kyi in addressing the inaugural
conference of the Independent Lawyers
Association of Myanmar. Thanks to
the diligent work of the IBA's Human
Rights Institute in forming this association, thousands of lawyers serving their
client' interests, free of government
interference, as essential step in the
creation of a new democracy".
IBA's work in Cuba, IBA'S Presidential
Initiatives on Judicial Integrity, The
Presidential Task Force on Human Trafficking, Presidential Task Force on the
Independence of the Legal Profession,
IBA's work on Climatic Change Justice
and Human Rights are others achievements he mentioned.
Rivkin concluded by noting that, ''This
is a complex and difficult time to be a
lawyer, but it is also a great time. I ask
that each one of you feed your good
wolf to help us fulfill our role as protectors of democracy and the rule of law".
Lagarde in her speech noted that
IBA and IMF shared the common goal
of fighting corruption in both the public
and private sector. Her word: "Corruption undermines the ability of the state
to raise revenue, and entrenches poverty
and inequality. As Pope Francis has
said, it is a cancer on society, threatening
economic stability-and that is why the
IMF is concerned.
She spoke extensively of the work the
IMF has done in Ukraine to assist in the
country's fight against corruption.
The Welcome Party was held on
same day at The Smithsonian's National
Air and Space Museum/The National
Museum of the American Indian.
The highlight of this year conference
was the presentation of the IBA Human
Rights Award .Its in recognition for
outstanding contribution by a legal
practitioner to human rights that has
produced notable impact on the promotion, protection and advancement of
human rights, administration of justice
and the rule of law.
The 2015 honouree was Intigam
Aliyev, an Azerbaijani human rights
lawyer and President of the Legal
Education Society, Azerbaijani.
This year winner was Galina Arapova,
for her work towards freedom of both
expression and information since 1995.
She is the director and a senior media
lawyer at the Mass Media Defence
Centre, the only Russian NGO pro
providing advise to Russian journalists.
The 2016 Pro Bono Award went to
Odette Goldenhuys of South Africa
while The year's Outstanding Young
Lawyers Award of the year went to
Remy Choo Zheng.
Curtain was drawn on the conference
on Friday, September 23 with Rule of
Law Symposium as Hon. Justice Anthony M. Kennedy of the United States
Supreme Court as the Keynote Speaker.
The 2017 IBA Conference will be held
at the International Convection Centre
(ICC) in Sydney, Australia between
October 8- 13.
27.09.2016COVER/7
Why the World Must Tackle
Corruption and Terrorism Now
The two main issues that
dominated the just concluded
2016 Annual Conference
of the International Bar
Association in Washington
DC were Corruption and
Terrorism. Jude Igbanoi who
was at the conference reports
on why the two global issues
formed the focal point at this
year’s IBA Conference from
September 18 – 23.
F
or good reasons the International Bar Association
prides itself as the Global Voice of the Legal
Profession and this year’s conference of the
worldwide body of lawyers truly lived up
to this reputation.
Over 6,000 lawyers from every country
in the world converged in the United States
Capital, Washington DC to participate in the
conference. For Nigerian lawyers, IBA has
become an instructive lesson on conferencing
as the body has continued to deliver quality conferences over
the years. Registration is smooth, seamless and hassle-free.
On the average it takes less than 10 minutes to get registered
with all conference materials, including bag given to delegates.
This is a sharp difference from what obtains in Nigeria at the
Nigerian Bar Association conferences.
In an exclusive chat with the IBA Executive Director, Dr.
Mark Ellis, the key is ‘early planning.’ IBA meticulously plans
its conferences years ahead. For instance preparation for its
2017 conference in Sydney Australia is already in top gear.
Dr. Ellis also told THISDAY LAWYER that in fact plans for
the association’s 2018 conference in Rome, Italy are already
in advance stages.
Perhaps, Nigeria has a lot to learn from this and the President
of the Nigerian Bar Association, Mr. A.B. Mahmoud SAN in a
chat with THISDAY LAWYER said ‘I had extensive meetings
with the IBA President Mr. Rivkin and the Executive Director,
Dr. Ellis on the possibility of our collaborating with the IBA
with a view to improving on our conferences. I hope to visit
the London Headquarters of the IBA with some staff of the
NBA to enable some staff of the NBA National Secretariat
understudy the IBA and see what we can learn from them.
They have been successful at organizing their conferences for
many years and we must acknowledge this.’
This year’s Keynote Speaker was the Managing Director of
the International Monetary Fund, Christine Lagarde and her
presentation Mending the Trust Divide was quite emotive and
inspiring. Lagarde told the august body of lawyers that the
unique mandate of the IMF is to promote economic prosperity
and financial stability, through international cooperation and
an open system for the free flow of goods and investments.
She anchored her paper on corruption and public trust saying
‘A key factor fueling this distrust is corrupt and unethical
behavior, actual or perceived – and in both the public and
private sector. Addressing corruption and unethical behavior
involves not only improving the quality of the legal framework
but also the quality of the individuals who implement this
framework.’
Other distinguished personalities who spoke at the conference
included Jack Straw, British Foreign Secretary 2001-2006, Arlene
Foster First Minister of Northern Ireland, General Colin Powell
US Secretary of State (2001-2005), Christopher Dodd Former
Senator from Connecticut and Ben Bernanke, former Chairman,
Board of Governors, US Federal Reserve.
Nigerian lawyers also presented papers at the various sessions of the conference including Mr. Femi Falana SAN, Dr.
Babatunde Ajibade SAN and Mallam Yusuf Ali SAN.
Our 69 Years of Global Commitment to Lawyers – IBA
President, David Rivkin
We are here to see old friends, to meet new ones, and to enjoy
the hospitality and the sights of Washington, but also of course
to engage in the many important substantive conversations
that will take place at our keynote, showcase and committee
sessions throughout the week.
Given the many challenges faced by lawyers and our clients
Keynote Speaker: Christine Lagarde, Managing Director of the International Monetary Fund, at the Opening Ceremony
around the world, the work of the IBA has never been more
important, and I thank all of you for being involved in it.
Since its founding in 1947, the IBA has been dedicated to the
promotion and preservation of the Rule of Law throughout the
world. Today, as we face many new challenges to the Rule of
Law around the world, it is important to remember that it is
neither a new concept nor one rooted only in the tradition of
some countries. The Rule of Law is an ancient and universal
concept. As early as the 5th century BC, China developed
and advocated the philosophy of legalism - a political system
based on laws.
In ancient Greece, Plato wrote, “Where the law is subject to
some other authority and has none of its own, the collapse of
the state is not far off; but if law is the master of the government
and the government is its slave, then the situation is full of
promise and men enjoy all the blessings that the Gods shower
on the state.”
When I had the honor of visiting the Mexican Supreme
Court last month, I saw on its walls a statement by Cicero that
“We are servants to the Supreme Court in order to be free.”
In Islamic law, the concept of justice is paramount. The
Quran says “David, we have made you master in the land.
Rule with justice among men.” The Prophet is said to have
proclaimed, “one hour of justice is worth more than 60 years
of divine service.”
And of course, last year, the IBA joined with many others
in celebrating the 800th anniversary of the Magna Carta, a
document that continues to inspire the conviction that no person,
not even a Ruler, is above the law, as well as the fundamental
principle that any accused person is entitled to due process.
Since we last met in Vienna, the IBA has had an extraordinary
year in serving this mission.
In January in Myanmar, I had the honor of joining Daw
Aung San Suu Kyi in addressing the inaugural conference of
the Independent Lawyers Association of Myanmar. Thanks
to the diligent work of the IBA’s Human Rights Institute in
forming this association, thousands of lawyers came together in
the recognition that independent lawyers serving their clients’
interests, free of government interference, are an essential step
in the creation of a new democracy.
Similarly in Cuba, the IBA has been conducting training
programs for Cuban lawyers on the essential aspects of international business law: corporate organization, intellectual
property, international sales and dispute resolution. In my
meetings last year with the Chief Justice, Attorney General
and other senior officials, they recognized that Cuba cannot
open its doors to new trade and investment unless lawyers
have the ability to serve their clients in these areas.
As you know, earlier this year the IBA Council adopted the
IBA Practical Guide for Business Lawyers on Business and
Human Rights. To serve our clients effectively these days, lawyers
must understand the UN Guiding Principles on Business and
Continued on page 8
8/COVER27.09.2016
Why the World Must Tackle Corruption and Terrorism Now
Human Rights and similar documents. And no
matter what our practice area, we must advise
our clients in a manner that assists them in
avoiding human rights impacts and promotes
their, and our, integrity.
The IBA’s Presidential Initiatives have taken
many important, practical steps towards solving
some of our most difficult problems. Thanks to
the time that many of you took in completing
our survey on judicial corruption, our Judicial
Integrity Initiative published an enormously
useful report on the types of corruption that
arise in judicial systems and the manner in
which such corruption occurs. Building from
that base, the Judicial Integrity Initiative is now
undertaking many projects designed to have
a practical impact in reducing corruption in
judiciaries where it occurs: Last month, I attended
a ceremony in Mexico City at which the Chief
Justice and the presidents of the three Mexican
bars signed the IBA Judicial Anti-Corruption
Compact.
The Compact is designed to be signed by
individual judges, lawyers, prosecutors and
court administrators; they commit to each other
and to the public that they will not engage
in corrupt activities and that they will report
any such activities that they may witness. By
publishing the Compact and its signatories on
the websites of our member bar associations and
the judiciaries, we hope to change the expectation
in many countries that corruption is the only
way to succeed in a judicial proceeding. We
look forward to many other countries following
Mexico’s excellent example.
We are also working on developing a set
of standards and an organization through
which judiciaries may be certified as having
procedures in place that will prevent corrupt
activities. We are researching best practices in
investigating allegations of judicial corruption,
and also the manner in which all of our member
bar associations and law societies investigate
and sanction potential corrupt conduct by their
members. And we are surveying national laws
to determine if the laws, in fact, make illegal
the types of corruption found in our survey.
If we find gaps and deficiencies, the IBA will
propose a model statute to correct them.
The Presidential Task Force on Human
Trafficking has issued a seminal report on the
impact of corruption on human trafficking. The
report makes vividly clear that human trafficking could not occur without corruption, and
it proposes concrete steps that governments,
private companies and NGOs should take to
prevent human trafficking. I had the honor of
presenting these findings, along with the IBA’s
efforts on judicial corruption, to a conference
of judges and prosecutors organized by the
Vatican at which Pope Francis gave a beautiful
and passionate speech about how much the
law is needed in order to preserve morality. The
Pope proclaimed, “Justice is the first attribute
of society.”
The Presidential Task Force on the Independence of the Legal Profession has also issued an
important report on the essential criteria of an
independent bar and why an independent bar
is so essential to democracy. These reports are
available on the IBA website, and I encourage
you to read them. Whatever your area of practice,
you will find them illuminating.
The IBA’s work on Climate Change Justice and
Human Rights has continued aggressively as
many IBA committees have worked to implement
the recommendations of our flagship 2014 report.
Our working groups on remedies and
adaptation have drafted important proposals
that will be discussed at this conference.
From the Vatican to David Cameron’s
governmental conference on corruption to a
UN conference on climate change headed by
Ban Ki-Moon, and in many other fora, the IBA’s
voice has been sought and listened to as the
authoritative voice of the legal profession – for the
ideas that we present and the contributions we
have made and will continue to make. I strongly
encourage you to attend the showcase sessions
this week at which the work of each of these
task forces – Judicial Integrity, Climate Change
Justice, Human Trafficking and Independence
of the Profession – is discussed. You will be
proud of the work they have done.
And of course, the 77 committees of the
IBA have remained enormously active. Their
accomplishments are far too many for me to
mention tonight, so let me highlight one as
an example.
Our committees on Access to Justice and Legal
Aid conducted an extensive research project on
the challenges children face gaining access to
justice and the strategies and solutions employed
Continued from page 7
IBA President, David W Rivkin welcoming delegates at the Opening Ceremony
by countries around the world to address
them. By raising awareness of the problem
and highlighting best practices, the project has
demonstrated the fundamental importance of
access to justice as an empowerment tool for
children to help reduce poverty and realize the
UN’s Sustainable Development Agenda. The
results of this work will also be presented at
a committee session on Thursday morning.
Indeed, the conference this week offers more
than the usual number of extraordinary sessions.
In addition to the showcase sessions that I
have already mentioned, this conference offers
special opportunities, and I hope that you will
take advantage of them. To be in Washington
at the end of an Administration I very much
admire gives us a chance to hear from high
government officials about their view of the
world and what the Obama Administration
has achieved.
Whatever else you have planned for this week,
please come to the special Morning Keynote
Addresses, to be presented by three Cabinet
officers and Congressman: On Monday, the
Secretary of Homeland Security Jeh Johnson,
who has a unique perspective on how to combat
terrorism while maintaining adherence to the
rule of law; on Tuesday, the Deputy US Trade
Representative Ambassador Robert Holleyman,
who will discuss the latest status of TPP and
TTIP and why the Administration believes
that TPP can have a direct and meaningful
impact developing the rule of law in the
region; on Wednesday, we can hear directly
from Attorney General Loretta Lynch –who
has been called the savior of FIFA -- about US
efforts to combat corruption, human trafficking,
terrorism and cyber-crime. And on Thursday,
we will discuss the Presidential election and
the stalemate that affects Washington politics
with Congressman Scott Peters.
I hope that you will join me at all of these
keynotes at 9:30 each morning; we have
scheduled the committee sessions to start after
they are concluded, so that everyone has a
chance to attend.
And we have a roll call of other guests: Colin
Powell and Robert Mueller, among others, in
the lunchtime Conversations With; SEC Chair
Mary Jo White at the LPD lunch on Wednesday
and Legal Adviser to the State Department
Brian Egan at the SPPI lunch on Thursday.
On Friday, come hear Supreme Court Justice
Anthony Kennedy at our Rule of Law Day.
And of course, in a few moments, we will get
to hear from a leader with enormous influence
around the world: IMF Managing Director
Christine Lagarde. I am looking forward to
hearing her, as I know you are.
At the Rule of Law Day, you can also share
in an IBA project that has been very meaningful
and thoroughly enriching. At the beginning of
my term, we searched for young Israeli and
Palestinian lawyers who would one day be
leaders in their communities in the hope that
bringing them together to discuss issues of
common interest and how international law
could impact the conflict in their region could
one day lead to peace.
We found 12 extraordinary lawyers: Israeli
Jews, Arab Israelis and Palestinians. We brought
them to Prague for three three-day sessions
and again this weekend in Washington, and
the results have far exceeded our expectations.
They have bonded; they have cried together;
they have respectfully disagreed; and they have
found common approaches to international law
to propose solutions to intractable problems.
Witnessing their discussions has been among
the most memorable moments of my IBA
Presidency.
On Friday morning, many of them will
appear together in our Rule of Law program
to discuss what they have learned from one
another. They will be joined by two experts
who have worked towards Middle East peace.
Please come and share the experience that
has so touched me.
This has been a challenging year for lawyers
around the world. We have seen lawyers and
judges imprisoned, disbarred and removed from
office in China, Turkey, Venezuela, Egypt and
elsewhere. In Pakistan, we have witnessed the
premeditated slaughter of lawyers who had
come to a hospital in respect of a bar leader
who had been previously assaulted. Those
who want to rule autocratically know that
they have to intimidate and remove lawyers
who will use the rule of law to oppose them.
As lawyers who have been fortunate enough
to be successful in our practices, we have an
obligation to defend them, to speak out, to make
clear that this cannot stand. As IBA President,
I have used the power of the office to speak
directly to those who suppress lawyers and
freedom. All of us have the power to do so, as
individuals, collectively or through our bars,
and we must do so.
Our Founding Father Alexander Hamilton,
little knowing that he would one day be the
subject of perhaps the most successful musical
in Broadway history, wrote in the Federalist
Papers, “Justice is the end of government. It is
the end of civil society. It ever has been, and
ever will be, pursued until it be obtained, or
liberty be lost in the pursuit.”
One way to benefit lawyers under attack
is for all of us to do a better job explaining
to the general public the important role that
we play in defending everyone’s liberties, the
time and expense we commit to defending
those who cannot afford to pay us, and in
making the law more fair and just for all.
Write a piece in your local newspaper or
social media. Speak at your place of worship or
a local school about the rule of law. And to do
this, we also have to preserve the reputations
of all lawyers, because publicity about one
lawyer who has crossed the line harms all of us.
By all means defend your clients’ interests
but do so in a way that respects the ethics
and morality that we expect of one another.
The law does not give us an excuse to turn a
blind eye to what we know is right or wrong.
In this respect, we will soon announce an
important project to explore the proper ethical
rules for lawyers in light of the disclosures of
the Panama Papers, and also how government
should properly fight corruption without
infringing on the attorney-client privilege
and professional secrecy that are vital to our
serving our clients.
John F Kennedy famously said, “For those
to whom much is given, much is required.”
The late great Muhammad Ali stated succinctly,
“Service to others is the rent you pay for your
room here on Earth.”
I have had the privilege and the honor
the last two years to represent the IBA and
all of you in fighting for these principles. I
thank you for that opportunity; it has been a
remarkable and memorable time in my life.
This is a complex and difficult time to be a
lawyer, but it is also a great time.
After this ceremony, we will celebrate at the
Museum of the American Indian, as well as
the Air & Space Museum.
Native Americans tell the following legend
about human nature. A chief is speaking to a
young child. He tells the child that in him, as in
every person, there are two wolves fighting with
each other, one good and one bad. The child
asks which one will win. The chief answers,
“Whichever one you feed.” I ask that each
one of you feed your good wolf to help us
fulfill our role as protectors of democracy and
of the rule of law.
That the World May Be Safer For All – US
Attorney-General Loretta Lynch
I want to address the recent events in Tulsa,
Oklahoma and Charlotte, North Carolina. The
Department of Justice is aware of, and we are
assessing, the incident that led to the death
of Keith Lamont Scott in Charlotte. We are
in regular contact with local authorities as
their investigation into the shooting begins
to unfold. And on Monday, the Justice Department opened a civil rights investigation
into the death of Terence Crutcher in Tulsa,
Oklahoma. As always, the Justice Department
will be thorough, impartial and exhaustive in
reaching a determination about this incident.
These tragic incidents have once again left
Americans with feelings of sorrow, anger and
uncertainty. They have once again highlighted
– in the most vivid and painful terms – the
real divisions that still persist in this nation
between law enforcement and communities of
color. And in Charlotte, they have once again
led to widespread protest. Unfortunately, we
saw several instances of violence during the
protests and 12 police officers and a number
of demonstrators were injured as a result.
Protest is protected by our Constitution and
is a vital instrument for raising issues and
creating change. But when it turns violent, it
undermines the very justice that it seeks to
achieve and I urge those demonstrating in
Charlotte to remain peaceful in their expressions
of protest and concern.
At the Department of Justice, we are working
tirelessly to build trust between law enforcement
officers and the communities we serve and
we will continue to do so. We will continue
to forge dialogue between citizens and police
officers. We will continue to do everything
we can to give the brave men and women
who wear the badge the tools and training
they need to do their jobs safely, effectively
and fairly. And we will continue to protect
the rights and liberties of every American – no
matter who they are, what they look like, or
what uniform they wear.
Continued on page 9
27.09.2016COVER/9
Why the World Must Tackle Corruption and Terrorism Now
I also want to take a moment to address
recent developments regarding the bombings
that occurred last weekend in New York City
and New Jersey. Last night, the Department of
Justice filed multiple charges against Ahmad
Khan Rahami for conducting and attempting
to conduct bombings in New York City and
various locations in New Jersey.
Charges were filed in both the United States
District Court for the Southern District of New
York and in the United States District Court
for the District of New Jersey. In the near
future, it is our intention to bring the defendant
to the federal District Court for the Southern
District of New York, which has jurisdiction
over the Manhattan neighborhood where more
than 30 innocent people were wounded – and
countless others were gravely endangered – by
his bombs. I have full confidence that the U.S.
Attorney's Office for the Southern District of
New York, led by Preet Bharara, will succeed
in bringing the defendant to justice for his
heinous actions. And I know that the U.S.
Attorney's Office for the District of New Jersey,
led by Paul Fishman, will also seek to hold
the defendant accountable for his deplorable
actions in their district.
These filings reflect the Justice Department's
unwavering determination to find, capture and
prosecute all those who attempt to commit or
commit acts of terror against our nation. I want
to thank my colleagues in the National Security
Division, the U.S. Attorney's Offices, the FBI,
the ATF and other parts of the Department for
their tireless efforts over the last several days.
I want to commend our local law enforcement
partners and first responders for their vital
contributions to this ongoing investigation. I
applaud the citizens who played a crucial role
in preventing further harm by alerting law
enforcement when they discovered unexploded
bombs. And I want to once again offer my
prayers for the swift and full recovery of all
the law enforcement officers and citizens who
were harmed by the defendant's actions.
It is a privilege to join so many distinguished
colleagues, devoted public servants and good
friends as we gather to reaffirm our shared
commitment to fostering international cooperation, upholding the rule of law and promoting
justice and human rights around the world.
For 69 years, achieving those noble aims has
been the mission of the International Bar Association. In the decades since you were founded
to bolster the cooperative aims and timeless
principles of the newly created United Nations,
this organization has become an indispensable
champion of human dignity and equal justice
the world over. By providing a forum for the
exchange of ideas and perspectives, you have
created a community of lawyers that transcends
the boundaries of nations and the barriers of
language. By providing human rights training,
you help your members to fight for rights and
liberties in their home countries – especially in
those nations where democracy is young and
institutions are fragile. And by monitoring
trials, investigating human rights abuses and
advocating on behalf of judges and lawyers
facing harassment or intimidation, you make
clear that might does not make right – and
that laws must not be the tools of repression,
but the bulwarks of liberty. Through these
and so many other efforts, the IBA has fought
tirelessly so that all people around the world
can enjoy the freedom, the dignity, the opportunity and – above all – the justice that is
their birthright.
That work has never been more important.
As information flows ever more freely around
the world; as our economies are bound ever
more closely together; as the threat from terrorists
and cyber actors continues to grow without
regard to national borders, those of us in the
legal profession – especially those of us who
serve in government – must acknowledge that
our work to protect our people from harm, to
fight crime and to secure justice increasingly
requires international cooperation. Today, I
would like to talk to you about four areas of
the Justice Department’s work where this is
certainly true: fighting terrorism; strengthening
our cybersecurity; eradicating international corruption; and protecting the most vulnerable
among us. Each of these goals is one of my
top priorities as Attorney General and they are
all in the core interest not only of the United
States, but of others around the world. None
of them can be achieved by the U.S. alone.
They require us to work with other nations to
strengthen international norms and to deepen
international cooperation – and I am proud
to say that in each of these vital areas, we are
Continued from page 8
US Attorney General, Loretta Lynch
doing just that.
My highest concern as Attorney General of
the United States is defending our nation and
protecting our people – and citizens worldwide
-- from terrorism. At the Department of Justice,
we are working tirelessly to detect, deter and
disrupt plots that target not only the U.S., but
also nations around the globe. We are relentlessly
investigating and prosecuting those who seek
to harm innocent people. And we are using
all of the resources at our disposal to prevent
American citizens from traveling overseas to
fight with groups like ISIL and then returning
home or traveling elsewhere to commit further
attacks. Since 2013, we have publicly charged
more than 100 individuals for conduct related
to foreign terrorist fighter or homegrown violent
extremist activity and we have thwarted a
number of plots on American soil.
These are all notable achievements, but
they leave us with no illusions that we can
successfully combat terrorism alone. That’s
why we have been so committed to deepening
international ties that allow us to share information, uncover plots against ourselves and our
allies and ensure that violent extremists can
find no safe haven on our shores or those of
our partners. Through bodies like Interpol and
Europol, we are sharing information on foreign
fighters and their movements across borders,
giving us a seamless view of those who might
be planning an attack. We have provided a
range of resources, including FBI agents, to
Interpol’s Fusion Cell, which tracks terrorist
training, planning and financing around the
world. We have entered into information-sharing
agreements with more than 45 nations in order to
identify and follow suspected terrorists, providing
Interpol with profiles on approximately 4,000
foreign terrorist fighters. And we have helped
to establish the 24/7 cyber network, which
now has more than 70 members. This rapid
reaction system allows investigators to work with
internet service providers to preserve valuable
digital data before it disappears – exactly the
kind of collaboration that the fight against
terrorism demands.
Similar cooperation is essential to meeting yet
another modern challenge that doesn’t stop at
the water’s edge: the variety of threats we face
in cyber space. Our growing reliance on the
internet provides an abundance of enticing targets
to wrongdoers – from criminals attempting to
steal consumer data, to state-sponsored actors
seeking to commit espionage or disable crucial
infrastructure, to rogue hackers looking to sow
mayhem. Preventing these incidents before they
happen – and bringing perpetrators to justice
when they do happen – requires increased
cooperation among nations and the Justice
Department is doing its part to advance that
goal in a number of ways. The FBI’s Cyber
Division recently created three new Cyber
Assistant Legal Attaché positions in London,
Ottawa and Canberra, allowing us to embed our
personnel with foreign law enforcement agencies
in order to streamline information sharing and
further our cooperation on a range of cyber
issues. Our Office of International Affairs has
expanded the staff of its Mutual Legal Assistance
Treaty Modernization Project, a critical effort
to keep pace with the increasing volume of
requests for electronic evidence from foreign
authorities. And we are strongly committed to
our obligations under the Budapest Convention,
a landmark agreement that established global
cooperation on cyber issues as a core aspect
of international relations in the 21st century.
Working with international partners, we have
succeeded in a number of notable cyber cases,
including the takedown of a number of online
marketplaces for drugs, firearms and other
illegal goods; the shuttering of more than 200
websites that trafficked in child pornography;
and the elimination of the Darkode hacking
forum, an illicit online marketplace for the sale
of malicious software and other tools of the
cybercriminal’s trade.
Of course, in all of our efforts to counter
both terrorism and cyber attacks, the United
States is determined to protect privacy and
civil liberties. This administration has taken a
number of unprecedented steps to ensure that
in our pursuit of security, we don’t undermine
the very ideals that we are sworn to protect.
In 2014, for instance, President Obama issued
a presidential policy directive setting forth new
principles for how the United States collects
signals intelligence. Among other provisions, the
directive requires us to review our intelligence
decisions on an annual basis, ensuring regular
scrutiny of how we safeguard the privacy of our
people at the same time that we uphold their
security – and, importantly, as President Obama
stressed, the directive takes the “unprecedented
step” of extending protections that previously
applied only to the American people to people
overseas as well. In addition, earlier this year, I
had the privilege of traveling to Amsterdam to
sign the “Umbrella” Agreement, which commits
the European Union and the U.S. to protecting
personal data when it is transferred for law
enforcement and counterterrorism purposes.
The damage inflicted by international corruption
may not be as visible as the harm done by
terrorism or cyber incursions, but all of us here
know that it is anything but a victimless crime.
The Department of Justice is determined to
work with our law enforcement counterparts
around the world to ensure that the United
States offers no shelter for the perpetrators – or
the proceeds – of corruption. As all of you
know, last May, we joined with our colleagues
in Switzerland to indict nine FIFA officials and
five corporate executives for illegally enriching
themselves through the corruption of international
soccer. Since then, we have indicted 16 more
defendants and along with our Swiss partners,
we remain committed to keeping the beautiful
game free from the stain of corruption. In
2010, our Criminal Division established the
Kleptocracy Asset Recovery Initiative, which
has opened cases involving billions of dollars
in criminal assets. Where possible, we use the
funds forfeited by the Kleptocracy Initiative to
benefit the people of the countries who were
harmed and we will remain vigilant against
those who seek to abuse positions of public
trust for private gain.
Finally, the Department of Justice is working
alongside our international partners to take a
firm stand against one of the most appalling
crimes of our time: human trafficking. Ending
this heinous practice – which is nothing less
than modern-day slavery – is not easy. It is a
largely invisible crime, which makes it difficult
to determine precisely how many millions of
men, women and children are in its clutches.
But we know that it occurs in countries around
the world, including right here in the United
States.
As in our counterterrorism operations, we have
committed to sharing intelligence, combining
resources and working through regional and
international bodies to tighten the net against
traffickers, resulting in operations like the one
last June in the Ivory Coast, which arrested 25
suspects and rescued more than 75 children.
And more and more nations are developing
more stringent anti-trafficking measures within
their borders. Here in the United States, the
Justice Department has joined the Departments
of Labor and Homeland Security in launching
the Anti-Trafficking Coordination Team Initiative,
which assembles specialized units of attorneys
and agents from across the federal government
to more effectively apprehend traffickers, rescue
victims and support survivors as they begin to
reclaim their lives. We recently expanded this
vital initiative and I pledge that the Department
of Justice will continue to vigorously pursue
those who treat other human beings as little
more than means to be exploited.
Of course, we still have a long way to go
before human trafficking is erased from our
planet – just as we have a long way to go
before terrorism is ended, cyber threats are
neutralized and corruption no longer plagues
our societies. But we have made tremendous
progress by working together as an international
community – and I believe that if we meet
our obligations and continue to deepen that
cooperation, our progress will only grow. I
say “obligations” because as lawyers, we have
a fundamental responsibility to serve justice
above all else. And in our interconnected
world, serving justice increasingly requires
a global outlook. So I would ask all of you
to continue to champion these issues in your
home countries. Explore ways to ensure that
our laws do a better job of thwarting terror; of
protecting our networks; of upholding public
integrity; and of safeguarding human dignity.
That is your calling as lawyers – and that is
your duty as members of the International Bar
Association. After all, the IBA was established
amidst the ashes of the deadliest conflict in
human history, the Second World War, a struggle
that was in no small part the result of a failure
of justice – both within nations and between
them. The hope that gave rise to the IBA was
that through closer ties between the world’s
lawyers – through a transnational group devoted
to the highest principles of justice – the world
would never again suffer the kind of cataclysm
it experienced in World War II. For 69 years,
the IBA has kept faith with that sacred mission.
And I am certain that by keeping faith with it
today, we will continue our shared progress
toward a brighter, a safer and a more just
future for all.
10/27.09.2016
27.09.2016
/11
Can an Area Council Licence Legal
Practitioners to Practice in the FCT?
Abubakar D. Sani
T
his question might
come as something
of a surprise to many
legal practitioners in
Nigeria, but I believe
that is precisely what
the Abuja Municipal
Area Council Bye-Law
No. 14 of 2012 seeks to
achieve. The said law,
(whose full title is the Shops, Kiosks,
Trade Licence, Private Lock-up Shop
and Allied Matters Bye-Law) was
purportedly enacted by the “Legislative
Arm” of the Abuja Municipal Area
Council and took effect from the 2nd
day of January 2012. It is published as
Government Notice No. 100 in the Official
Gazette of the Federal Republic of Nigeria
No. 124, Vol. 102, dated 9th September
2015.
Section 1 of the Bye-Law provides
that:
“1. As from the commencement of this
Bye-Law it shall be an offence for any person
to establish or operate workshop (sic)
or carry on any business, trade or
occupation without obtaining a licence from
the Area Council”.
Category E of the First Schedule
to the Bye-Law is titled “Shops and
Kiosks, Trade License Operational permit on
Business and Commercial Premises; “Legal
Practitioner/Chambers” are the first item in
that category, and an annual fee N60,000
(Sixty Thousand Naira) is charged by
the Council on any legal practitioner or
chambers who/which wishes to operate
within the territorial jurisdiction of the
Bye-law, i.e, Wuse, Maitama, Asokoro and
Garki, which together comprise the Abuja
Municipal Area Council or AMAC.
The foregoing is contained in Section
2(1) of the Bye-Law which provides thus:
“A licence may be obtained on application
and payment of the fees prescribed in the First
Schedule depending on the business category”.
Sections 3 - 5 of the Bye-Law are also
pertinent, and they provide as follows:- “3(i): Any licence issued shall expire on
the 31st December of the year of issue of the
licence”;
(ii): Any licence issued under Section 2(i)
of this Bye-Law shall be renewed annually on
payment of a prescribed fee”
- “4(i): Where it becomes evident that the
necessary permit has not been obtained by a
person operating a workshop or carrying on
any business or trade as directed under this
Bye-Law, the Area Council shall on the order
of the Court seal up the workshop or business
premises on (sic) which the trade is being
carried on
- “5: The Magistrate Court shall jurisdiction (sic)”.
I submit that the foregoing provisions
are clear enough: they simply impose
an obligation on all legal practitioners
operating within Wuse, Maitama, Asokoro
and Garki Districts of the FCT Abuja to
pay the said levy and obtain an operating
licence from AMAC, failing which they
risk prosecution in a Magistrate court. I
submit that the question is: Does AMAC
have that power? I intend to demonstrate
that the said Bye-Law is both ultra vires
AMAC and inconsistent with the Legal
Practitioners Act. I start with the latter.
Section 2(1) of the Legal Practitioners Act, Cap. L. 11, LFN 2004
provides thus:
“Subject to the provisions of this Act,
a person shall be entitled to practice as a
barrister and solicitor if and only if, his name
is on the roll”.
Section 8(2) of the LPA further
provides that:
“No legal practitioner (other than such a
person as is mentioned in sub-section (3) of
Section 2 of this Act) shall be accorded the
right of audience in any court in Nigeria in
any year, unless he has paid to the Registrar
in respect of that year, a practising fee as is
from time to time prescribed by the AttorneyGeneral of the Federation after consultation
with the Association”.
By virtue of Section 4(3) and Item
49 of the Exclusive Legislative List
in Part 1 of the 2nd Schedule to
the 1999 Constitution, the National
Assembly possesses the exclusive power
to regulate “Professional bodies as may be
designated by the National Assembly”.
Paragraph 1 of Part III of the 2nd
Schedule to the Constitution requires
such designation to be effected either
through an Act or a Resolution passed
by the National Assembly. I submit that
the National Assembly has exercised this
power in respect of the legal profession in
Nigeria through the Legal Practitioners
Act.
By virtue of Item 68 of the Exclusive
Legislative List this power extends to
any matter incidental or supplementary
to anything mentioned in the Exclusive
Legislative List. I submit that payment
of a practising fee or operational levy to
enable a legal practitioner to practice or
operate a law chambers is anciliary to the
general authority given by Item 49 of
the Exclusive Legislative List of the
Constitution to the National Assembly
to designate and regulate all professions. I
further submit that the National Assembly
has already covered the field in this
regard, vide Section 8(2) of the Legal
Practitioners Act, as aforesaid.
In this connection, in THE HON.
MIN. OF JUSTICE & ATT-GEN OF
THE FED. v ATT-GEN. OF LAGOS
STATE (2013) All FWLR pt. 704 pg. 1,
the Supreme Court, per Muhammad, JSC,
held that:
“(The) doctrine of covering the field . . . is
relevant in a federalism and postulates that
where a Federal Constitution or a federal
enactment has already covered a particular
legislative field, no State or even Local
Government law can be enacted to
cover the same field already covered
by the Constitution or the Federal
enactment.”
Accordingly, I submit that to the extent
that the Bye-Law purports to prescribe
operational levies for legal practitioners, it
is simply invalid, even assuming, without
conceding, that AMAC possesses the vires
or competence to enact it. In making this
submission, I concede that Section 7(5)
of the Constitution provides that the
main functions of local government (or
area council) shall be as contained in the
Fourth Schedule to the Constitution.
By virtue of Section 303 and Paragraph
2 of Part II of the First Schedule to
the Constitution, the Abuja Municipal
Area Council is one of the six area
councils of the FCT.
I, however, submit that nothing in
the Constitution empowers any local
government or area council in Nigeria to
regulate the legal profession. By virtue
of the maxim expressio unius est exclusio
alterius, I submit that, to the extent that
the functions of local government or
area councils as stated in the Fourth
Schedule to the Constitution excludes the
granting of operational licences to legal
practitioners, the said AMAC Bye-Law
No. 14 of 2012 which purports to make
such provisions is simply unconstitutional
and ultra vires AMAC.
I believe that this view is supported by
the division of legislative powers under
the Constitution between the National
Assembly and the Houses of Assembly
of the 36 States of the Federation: see
Sections 4(1) & (7) of the Constitution. Crucially, no such provision exists
in the Constitution in respect of local
government or area councils. In other
words, the Constitution does not confer
legislative powers on local government or
area councils. To that extent, I repeat my
earlier submission that the maxim expressio unius est exclusio alterius applies to
invalidate the said AMAC Bye-Law No.
14 of 2012, purportedly enacted by the
so-called “Legislative Arm” of the Abuja
Municipal Area Council.
Assuming without conceding that
AMAC derived the authority to enact the
Bye-Law by way of delegation from the
National Assembly (which by virtue of
Section 299(a) of the 1999 Constitution legislates for the FCT), I submit that
such delegation would be ultra vires the
National Assembly for the simple reason
that that power is not conferred by the
Constitution on the National Assembly. In
this regard, in ATT-GEN. OF BENDEL
STATE v ATT-GEN. OF THE FED.
(1981)12 NSCC 314 @ 372, the Supreme
Court, per Obaseki, JSC, opined that:
“delegation by the National Assembly of its
essential law-making function is precluded by
the Constitution” ; and, further, that:
“under a Constitution conferring specific
powers, a particular power must be granted or
it cannot be exercised”.
In relation to the FCT, Abuja, I submit
that these dicta are applicable to the
National Assembly vis-a-vis area councils,
given that the National Assembly is the
legislature of the FCT as aforesaid. I
submit that the Niger State Local Government Edict 1976 (one of the laws under
which AMAC purported to enact the said
Bye-Law – which Edict has been adopted
by the National Assembly as part of the
laws of the FCT) – and which purports to
empower Area Councils to make ByeLaws, is an existing law under Section 315
of the Constitution.
To that extent, it is clear that the
said Edict can only be valid if it is not
inconsistent with the Constitution, in the
sense that its subject matter is contained
in either the exclusive or concurrent
legislative lists of the Constitution, or
is otherwise one in respect of which
the National Assembly is competent to
legislate upon. I submit that to the extent
that the imposition of operational levies
on professional bodies is not one of the
functions conferred on a local government
or area council by the Fourth Schedule to
the 1999 Constitution, the said Bye-Law
is ultra vires the National Assembly and,
by implication, AMAC, notwithstanding
any provisions in the said Edict to the
contrary.
It is pertinent to point out that, apart
from legal practitioners, the said Bye-Law
also purports to regulate other professions
and activities, and are for that reason,
in my view, similarly invalid. Those
provisions (in Category E of the Bye-Law)
include those relating to:
(i) Estate Surveyors/Valuers Architects,
Dentists, Opticians, Engineers, Media
Houses (Print/Electronic), Insurance –
invalid vis-a-vis Items 49 & 33 of the
Exclusive Legislative List of the Constitution;
(ii) Banks, Finance Houses & Bureau de
Change – inconsistent with Items 6 and
15 of the Exclusive Legislative List;
(iii) Petroleum products – inconsistent
with Item 39 of the Exclusive List of the
Constitution;
(iv) Telecommunications – inconsistent
with Item 46 of the Exclusive Legislative
List;
(v) Pharmacists/Chemists, Soap/Detergent, Tobacco – inconsistent with Item 21
of the Exclusive Legislative List.
CONCLUSION
What better way to end this piece than
by recalling the dictum of Obaseki, JSC, in
Continued on page 16
12/27.09.2016
27.09.2016
THE LIGHTER SIDE/13
LEGAL HUMOUR
We Hold Your Brief
JUDE IGBANOI
[email protected]
Dear Counsel,
I will appreciate a quick response to my mail as it will
save me a lot of trouble.
I have serious issues with my landlady. For the past nine
months I have not enjoyed my stay in the two bedroom
apartment I have occupied since 2007.
My problem started when my landlady refused to respect
a simple agreement we had over some substantial repairs
I effected in the apartment. I met the place in a state of
disrepair. The landlady initially promised to fix the major
repairs after I pay my rent and before I move in, but after
I paid she started giving me excuses. I had no place to stay
so I moved in and started carrying out the repairs myself.
She initially promised to refund all the money I spent in
the repairs, but when my rent expired in 2009 she insisted
on collecting the full rent without refunding my money. This
had been an issue until this year when I had to fix the soak
away pit directly behind my window which caved in. I spent
over N25, 000 hoping to deduct it from my rent when due.
But to my surprise she did not only refuse to acknowledge
the expenses I made, she also told all the tenants she had
increased the rent and that we should either pay or quit.
She issued a quit notice through the caretaker early this
year. Last month when my rent was due I gave a cheque
of the old rate and she refused to collect it and insisted I
must vacate the premises.
To my utter dismay, I came back from work and met the
electricity meter for my apartment removed at her orders.
Now she has also barricaded my parking space in the
premises and I now park outside with the attendant risk
to my car. She ordered that the burglary proof at the back
entrance to my apartment be pulled down and a wall has
been erected in its place.
I feel unsafe but as a law-abiding citizen what should I do?
R.E.,
Ojodu,
Lagos.
Dear Ms. R.E.,
Under these circumstances you must get a lawyer
to engage your landlady immediately.
Granted that you may have made the mistake of
not ensuring that you had a written agreement with
regards to the repairs you carried out at the time you
first moved in.
However, it is illegal and a breach of the Lagos
State Tenancy Law 2011 for any landlord to alter any
part of a building with a view to forcefully evicting
a tenant. Under the law at Section 44 the offences
and penalties are clearly stipulated.
S 44 (1) “Subject to the provisions of any Law –
(a) any person who demolishes, alters or modifies
a building to which this law applies with a view to
ejecting a tenant and without the approval of the
Court; or
(b) any person who in respect of any premises –
(i) attempts to forcibly eject or forcibly ejects a tenant;
(ii) threatens or molests a tenant by action or words,
with a view to ejecting such tenant; or
(iii) willfully damages any premises, shall be guilty
of an offence and is liable to a fine of up to two
hundred and fifty thousand Naira (N250,000:00) or
up to six (6) months imprisonment and any other
non-custodial disposition.”
Please brief a lawyer as a matter of urgency to take
this up with your landlady.
Disorder in the Courts
At the start of a working day a smartly dressed Court Clerk
went up to the seat of the Magistrate to clear away case-files
left for the Magistrate, who was absent due to being poorly
with a fever. As he sat down to pick the files left at the foot of
the Magistrate’s bench a group of six lawyers all came in from
the rain at the same time all rushing to enter the court first.
“Your Honour!” the first lawyer to enter exclaimed, “I am
thoroughly grateful that you are sitting today, I had heard
that you were down with a fever, but I am glad to see that your
enemies have once more entered voicemail!” he continued,
grinning widely. “May their number never connect with yours
sir!”
“I am not…” the Court Clerk began to say but since he said
it with the dilatory confidence of one not accustomed to
the Magistrate’s bench the lawyer felt the need to quickly
interject and appropriately direct the person he believed to
be the Magistrate before him. “…you are not fully recovered
and yet you came in to sit today? Your Honour, although I have
not been before your Court previously, the stories are true,
your honour is truly an epitome of diligence!”
“Your Honour if I may, I am not before ‘Your Diligence’
today but I have a pressing matter to report sir” the lawyer
continued, by this time the other lawyers had shaken off the
rain from their wigs and robes and were ready to interject.
“Counsel the Court is not sitting…” the Court Clerk
attempted again, but another lawyer a more rotund fellow
with a perplexed look on his face sat in the front row this time
interjected “Me’lord but sir we came here in the rain! Me’lord
Your Honour sir, this matter is a fundamental concern sir, it
concerns allegations of bribery in your Court sir!!”
The Court Clerk who was attempting to rise from the
Magistrate’s seat by now was shocked into silence, frozen
stiff on the bench. “Bribery?” He said. “Yes sir” another lawyer
said “That is why we are all here Me’lord Your Honour sir”
Then hushing the rest of the lawyers, the first lawyer
continued “Your Honour, forgive our impertinence but you
cannot rise, what I was trying to say is that this matter
concerns rumours that have been flying around that one of
your Court Clerks has been collecting bribe to remove court
records”
“What?!” the Court Clerk shouted astonished. “Bribe? That
is a lie! Who?”
“Sir we all have matters before this Court for the first time
sir but our litigation clerk in chambers every time we must file
pleadings tells us that we have to give one Festus, your clerk
in this court N2000, N5000, the last time he said if we didn’t
give this Festus N10,000 he would remove court records
of our matters from the files! In fact we are even lucky that
nobody is here but you today sir, by the way where are your
clerks sir?”
By now the Court Clerk was fuming, he rose to his feet,
two hands firmly set on the Magistrate’s table, and as he did
the lawyers as if possessed by the voicemail message of the
Magistrate’s enemies rose to their feet. Then the Court Clerk
said the following words:
“What I have been trying to tell you gentle…” looking
around at then he rephrased “..you rumour mongers is that His
Honour is not sitting today, his enemies have finally caught
him. My name is Festus Egbanla. I am His Honour’s only clerk. I
think we can assume that your case-files will never be found?”
NEW SILKS
Mr. Ayodele Akintunde SAN being sworn in as a Senior Advocate of Nigeria, last week
Mr. Seni Adio after being sworn in as a Senior Advocate of Nigeria, last week
14/IBA CONFERENCE 2016 IMAGES
27.09.2016
From September 18 to 23 lawyers from
various countries around the world
converged in the United States capital
Washington DC for the Annual General
Conference of the International
Bar Association. Here are some the
Nigerian lawyers who attended
L-R: NBA Executive Director of Administration, Mrs. Ifueko Alufohai, NBA President, Mr. A.B. Mahmoud
SAN, Mr. Garba Tetengi SAN, NBA General Secretary, Mr. Abiola Olagunju and Lady Derby Obodoukwu
L-R: NBA General Secretary, Mr. Abiola Olagunju, Former NBA General Secretary, Mr. Ibrahim Mark and
Mr. Wale Akoni SAN
L-R: Mr. Dagogo Karibi-Whyte, Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji
Kazeem and NBA-SBL Chairman, Olumide Akpata
L-R: Former NBA Publicity Secretary, Mr. Gbolahan Gbadamosi, Ms Funke Aboyade SAN and Mr. Adams Adedimeji
L-R: Mr. Emmanuel Akomaye, Chief Niyi Akintola SAN, Mallam Yusuf Ali SAN and Chief Chris Uche SAN
Mrs. Funmi Falana and Mr. Femi Falana SAN
Hon. Justice Benedict Kanyip of National Industrial Court (left)
and Professor Paul Idornigie SAN
L-R: Mr. Jeevanandham Rajagopal, Mrs. Andrea Ajibade, Mrs. Victoria Onuoha and Dr. Babatunde Ajibade SAN
L-R: Former NBA National Treasurer, Mrs. Olufunmi Oluyede,
Rosemary Chikwendu and Chidinma Thompson
L-R: Alero Pessu, Mr. Damian Dodo SAN, Jane Azirigwe, Mr. Sam Zibiri SAN and Olayinka Adedeji
27.09.2016IBA CONFERENCE 2016 IMAGES/15
NBA President, Mr. A.B. Mahmoud SAN (left) and former NBA-SBL Chairman, Mr. George Etomi
L-R: Mr. Chidi Ilogu SAN, Chief Niyi Akintola SAN and Mr. Mathew Egbadon
L-R: Mr. Gani Ajape, former NBA General Secretary, Mr. Ibrahim Mark, Professor Bolaji Owasanoye and
Mr. Moses Ebute
L-R: Mrs. Tessy Abe-Aghe, Professor Akin Akinkugbe, Fatima Bukar and Vinbai Ynemba
L-R: Mr. Sam Ologunorisa SAN, Hon. Justice Gbola Anediyi, Mr. Sam Zibiri SAN, Dr. Chike Amobi and Mr.
Mbanefo Igwebguw
L-R: Mr. Kunle Adegoke, Mr. Ganesh Chandru and Mr. Karmal Raji
Mrs. Chinelo Bob-Osamor and her husband, Deputy Director General
Nigerian Law School, Enugu Campus, Bob-Osamor
L-R: Mr. Kelechi Onu, Mrs. Chiogor Anigor and Mr. Dayo Benson
Mr. Paul Daudu (left) and Mr. Mbanefo Ikwegbue
L-R: Mr. Sola Dosunmu, Mr. Asamah Kadiri and Mr. F. Majiyagbe
L-R: Mr. George Bruzuela, Mr. Sam Zibiri SAN and Mr. Jose
Miguel Alvarez
L-R: Mrs. Obiageli Nwankpo, Mr. Luka Haruna, Mrs. Ezenwaka Tina
and Mr. Akeen Aponmade
16/RIGHT OF REPLY
27.09.2016
RE: The Nigerian Army Lacks the
Power to Declare Civilians “Wanted”
Chief of Army Staff, Tukur Buratai
Osuagwu Ugochukwu
I
t was Judy Biggert who said "No
one ever said that fighting the war
against terrorism and defending our
homeland would be easy. So let's
support our troops, law enforcement
workers, and our mission to keep
our nation and our children safe in
the days and years to come"
My attention has been drawn
to an article appearing in several
newspapers and online media credited to
Learned Silk FEMI FALANA (SAN) with
the caption "Army Lacks Power To Declare
Civilians 'Wanted'". I disagree with this
view. The Nigerian Military or Army has
both Constitutional and Statutory mandate
to fight terrorism and in the course of
securing the country from terrorism have
the power to summon any person to assist
them with this task. And if in the course of
questioning any person who is suspected
to have links with Terrorists the Army or
Nigerian Military where the facts warrants, may refer the person to appropriate
Agencies for further investigation and
prosecution.
I do not see how any person would
suggest that the Nigerian Army or Military
would allow any person they suspect may
interfere with war against terrorism to go
Chief of Defence Staff, Abayomi Olonisakin
scot free simply because the person
wears civilian garb or is a civilian?
Certainly Public safety and National
Security would not encourage such.
Rather than condemn the Nigerian
Army for declaring certain persons
wanted or summoning any person, we
should commend them for their sound
intelligence gathering.
On October 28 2015 the Nigerian
Army declared 100 Boko Haram
terrorists suspects wanted in Borno.
There was no write up condemning
this declaration even where the photos
of these persons were published. So
why would declaring three persons
wanted now generate controversy.
Nigerian Army has full powers under
Section 217 of the Nigerian Constitution to summon or declare any person
wanted in the course of defending
Nigeria's territorial space from terrorists and rebels. They do not need to
wait for the IGP or AGF or SSS to act
swiftly.
1999 Constitution of Nigeria Section
217 provides. (1) There shall be an
armed forces for the Federation which
shall consist of an army, a navy, an
Air Force and such other branches of
the armed forces of the Federation as
may be established by an Act of the
National Assembly.
(2) The Federation shall, subject to
an Act of the National Assembly made
in that behalf, equip and maintain the
armed forces as may be considered
adequate and effective for the purpose
of (a) defending Nigeria from external
aggression;
(b) maintaining its territorial integrity
and securing its borders from violation
on land, sea, or air;
(c) suppressing insurrection and acting
in aid of civil authorities to restore
order when called upon to do so by the
President, but subject to such conditions
as may be prescribed by an Act of the
National Assembly; and
(d) performance such other functions
as may be prescribed by an Act of the
National Assembly.
DIA (DEFENCE INTELLIGENCE
AGENCY) is one of the several law
enforcement Agencies of the Military
empowered under SECTION 40 TERRORISM (PREVENTION) ACT, 2011 to
prevent acts of terrorism and investigate
as well. Others include the NSCDC, NIS,
NCS,NAPTIP etc. The Nigerian Army is
part of the DIA and have full powers to
investigate and prevent terrorism under
the TPA 2011. That was why Major
General Davies was appointed as acting
head of DIA before President Buhari
Can an Area Council Licence Legal Practitioners to Practice in the FCT?
ATT-GEN OF BENDEL STATE v ATTGEN OF THE FED., supra, to the effect
that under a Constitution conferring
specific powers, a particular power must be
granted, otherwise, it cannot be exercised.
I submit that this is but an amplification of
the trite principle of Constitution law laid
down in DOHERTY v BALEWA (1961)2
NSCC 248 @ 251, where the apex court, per
Ademola, CJF, held that:
“the Federal Parliament can legislate for
the Federation only on those matters
in respect of which it is specifically
empowered to legislate under the
Constitution”.
In a nutshell, therefore, I submit that
the said AMAC Bye-Law No. 14 of
2012 is invalid, null and void because it
is inconsistent with the 1999 Constitution, given:
(i) The lack of an express or implied
authorisation in the Constitution for
Continued from page 12
its enactment by either the National
Assembly directly or by AMAC, indirectly, through delegation by the National
Assembly; and
(ii) The fact that the National Assembly
has already covered the field in terms of
operational levies for legal practitioners
in Nigeria vide Section 8(2) of the Legal
Practitioners Act.
Abubakar D. Sani, Esq., Barrister-atLaw
appointed Air Vice Marshal Mohammed
Saliu Usman July this year as substantive
head. According to the Armed Forces
Act, the position of Chief of Defence
Intelligence (CDI) which is the apex in
the intelligence community is rotational
among the services.
The DIA was tasked with militaryrelated intelligence outside and inside
Nigeria with its pioneer head coming
from the Nigerian Army in the person
of Brigadier General A.G. Mohammed
January 1985 – August 1985.
Nigeria's Defence Intelligence Agency
was created when, in 1986, fulfilling
one of the promises made in his first
national address as president, Ibrahim
Babangida issued Decree Number
19, dissolving the National Security
Organization (NSO) and restructuring
the country's security services into three
separate entities under the Office of the
Co-coordinator of National Security.
The Defence Intelligence Agency works
as a secret Government Agent and are
responsible for Intelligence gathering,
their operations are more military styled
unlike the NIA. The Agency may also be
involved in intelligence sharing with the
CIA and MI6,Most of their operations
are classified and not publicly published.
They operate almost like 'Ghost' and they
are well respected.
It is submitted that the Nigerian Army
has full powers to summon any person
and also declare same wanted where it
deems fit in pursuance of its mandate
both under the Nigerian Constitution and
TPA 2011. The powers of the Nigerian
Army to declare Civilians wanted is
unshakeable, recognized by Law and
unwavering. Any person who thinks
other wise should better do a re-think
and amend his or her ways to respect
constituted authorities who seek information from them that will aid the fight
against terrorism.
Osuagwu Ugochukwu, a Human
Rights Lawyer, writes from Abuja.

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