ESCHEW JUDGMENT WITHOUT JUSTICE, AFAM OSIGWE URGES JUDGES

In this piece to herald the 2022/2023 Legal Year of Rivers State Judiciary, senior lawyer and former Nigerian Bar Association (NBA) General Secretary, MAZI AFAM OSIGWE SAN urges the nation’s Judiciary to reverse public perception that judges deliver judgments that do not give justice, even as he called on the Bar to be ready to defend the Judiciary when necessary

IT IS IMPERATIVE TO ONLY APPOINT JUDGES WHO GIVE JUST JUDGMENTS

The imperativeness of appointing judicial officers who shall judge rightly, give just judgments and not pervert justice was at the center stage today (23/11/2022) during the opening of the 2022/2023 Legal Year and Re-dedication service of the Rivers State Judiciary. To underscore this, the first lesson was taken from Deuteronomy 16: 18-20. It was read by the Governor of Rivers State, His Excellency Nyesom Ezenwo Wike.

The passage reads:
“You shall appoint judges and officers in all your gates, which the Lord your God gives you, according to your tribes , and they shall judge the people with just judgement. You shall not pervert justice; you shall not show partiality, nor take a bribe, for a bribe binds the eyes of the wise and twists the words of the righteous. You shall follow what is altogether just, that you may live and inherit the land which the Lord your God is giving you”.

As I wish the Rivers State Judiciary, lawyers , judiciary workers and all court users a productive and result-driven Legal Year, may I remind all members of the legal community in Nigeria of the truth of the statement made by one-time Chief Justice of Nigeria, Honourable Justice Dahiru Musdapher, on Monday, the 19th day of September, 2011, that the society is not entirely satisfied with the judiciary (I dare say lawyers too). According to His Lordship, “Hard as it may be to accept, we feel it is less important to focus on whether this assessment is fair or not. The important thing is for us to transparently come to terms with the prevailing realities accept the gap in expectations, and do our utmost to bridge it”.

More Nigerians readily agree that many of our courts do not give justice I.e. they deliver judgments that do not give justice, waste a lot of time, are corrupt, are places where judicial power is easily abused and the poor oppressed. Many believe the judiciary does not protect the indigent, as the rights and interests of the citizens are no longer perceived to be a priority for the courts. Many believe the delays and increasing cost of litigation have cost the judiciary of its description as the “last hope of the common man”. Many will readily point at many things that are wrong with the justice delivery system while acknowledging their successes. Lawyers, judges, law enforcement officers and court staff are routinely blamed for these problems. The people lament the penchant of the legislature in amending the constitution and electoral laws to give pre-eminence to electoral matters at the expense of commercial disputes, human rights violation and criminal cases. There is therefore a huge gap between peoples’ view of the type of justice to expect in the country and what obtains in our very courts.

“More Nigerians readily agree that many of our courts do not give justice i.e. they deliver judgments that do not give justice, waste a lot of time, are corrupt”

The expectation of a justice delivery system that is efficient, effective, even-handed and cost-effective is not baseless, as the effectiveness or otherwise of the justice system of any social order and reflects the confidence the public has in it. It also shows the extent to which state and authorities are able to achieve regulative capability among the citizens. Sadly for Nigeria, the common man, the rich and the state do not have confidence in the justice system.

It is a commonly agreed position that Nigeria can only attain the much desired socio-economic and political development, stability and sustainability if it has an effective and efficient justice system. Such justice system will guarantee the maintenance of laws and regulation of the state, citizens behaviours and relations. Nigerians are groaning under the weight of depleted public revenue occasioned by profligacy, waste in governance, misplaced priority, terrorism and insecurity, lack of transparency in the management of public funds, corrupt practices, gross violation of human rights, prolonged detention without trial, disobedience of court orders, intimidation of judicial officers etc. Accordingly, Nigerians expect that the only thing that could guarantee them some degree of enjoyment of their fundamental rights as well as accountability in government is effective administration of justice. We hope that all of us will join hands to ensure we enjoy effective justice delivery in Nigeria.

This piece is not to suggest that the judiciary has not done well or acted in the overall best interest of Nigeria, but to show that more remains to be done. Indeed, the effects of interference, intimidation, insufficient funding /lack of financial autonomy among others on administration of justice are not lost on one. Intimidation and lawlessness by members of the executive especially law enforcement agencies abound. They show contempt to court orders when they are not in their favour or do not please them. The legislature is not left out in this trend.

The judiciary, in a democratic polity like Nigeria must be properly insulated from undue political pressures and the attendant political manipulation or executive interferences. Access to judges outside official channels has been one of the greatest problems that further threaten the independence of the judiciary in Nigeria.

We can get it right only if we choose. Right persons must be appointed as judicial officers. There should be an objective of assessing them without undue reliance on the number of judgments they deliver. They should be insulated from all forms of interference and intimidation. The Bar must of course be there to speak on their behalf when they cannot. The constitutionally enshrined financial autonomy must be respected. Lawyers have a pivotal role to play in all this.

#fortheloveoftheprofession #dedicatedtojustice
#lawyers
#nigerianbarassociation

MAZI AFAM OSIGWE, SAN
23/11/2022, Port Harcourt

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ACCESS TO JUSTICE AND LOCUS STANDI IN ENVIRONMENTAL CASES

BY JESSE NWAENYO

Environmental democracy involves a tripartite reinforcing right that, while independently important, operate best in combination: the ability for people to freely access information on environmental quality and problems, to participate meaningfully in decision-making, and to seek enforcement of environmental laws or compensation for damages . This article seeks to explain the concept of environmental democracy and the importance thereof in preserving the environment and its components.

INTRODUCTION

The protection of our environment started in pre-colonial era when Africans protected their environment through observation of culture, norms and customs. The second phase was the period of the imperialist, when common law and English statutes were introduced to curb or prevent pollution of our environment. The emergence of the third era was marked by the toxic waste dumped in koko, a riverine town in Delta State (formerly Bendel State) in 1988, Nigeria for the first time got hints of the Harmful Toxic Waste Cargo from some Nigerian students studying in Italy through letters they sent to some media houses alerting them that the lethal cages carrying wastes rejected in Europe were being consigned to Nigeria under false inscriptions. The rest of this incident is now history, but it opened the eyes of Nigerians and the government on the need to put environmental law enforcement in proper shape. This third era marked Nigeria’s seriousness towards protecting her surroundings.

Environmental democracy is about government being transparent, accountable, and involving people in decisions that affect their environment.

Participation is central to the notion of environmental democracy. Public participation is necessary for the existence of a democratic society. It serves an educative function by teaching citizens to understand the difference between individual desire and common interest and equipping them with the knowledge and confidence needed to engage in participatory activities. In this sense, participation cultivates the very qualities necessary for it; the more individuals participate the better able they become to do so.

Worthy to note that humans are part of the society as well as other living creatures, which include plants and animals, this belief, is held by proponents of environmental ethics. Environmental ethics is a branch of ethics that studies the relation of human beings and the environment and how ethics play a role in this . In this regard, the bio-centric environmental philosophers consider all living things to have the same worth.

WHAT IS AN ENVIRONMENT
Environment can be defined from a lay man perspective and equally from a broader view. The concept is very technical in scope and application. Bearing this in mind, it is not easy to arrive at a universal and generally accepted definition of the concept. Various scholars have made attempt to define the concept in different ways.

The word Environment is derived from the French word ‘Environner’ which means to ‘encircle or surround’. The first recorded usage of the word was by Thomas Carlyle in 1827 and in 1956.

Generally, it is defined as our surroundings especially material and spiritual influences which affect the growth, development and existence of living being. The United Nation Stockholm Conference on Human Development asserts ‘man is both creature and moulders’ of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth.

The National Environmental Standard and Regulation Enforcement Act defines ‘environment’ in the following perspectives; ‘Environment’ include water, air, land, animals living therein and in relationship exist among these or any of them .

The Constitution of the Federal Republic of Nigeria (1999) defines environment as:
(a) The water
(b) Forest and wildlife
(c) All layers of the atmosphere
(d) All organic and in-organic matter and living organisms, and
(e) The interacting nature system that includes the component referred to in paragraph (a) – (d).

Environmental law therefore covers the whole universe including not only human beings but also plants, animals, forest shrubs, refuse, bacteria and insects.

WHAT IS DEMOCRACY

Democracy is derived from the Greek word demokratia, meaning “rule by the people.” It’s made up of two roots demos, meaning “the people,” and kratos, meaning ‘power.”

One belief that is foundational to democracy is the term isonomia, meaning “equality before the law.”

The term democracy in the practical sense implies a social partnership between the people and the government; the right of expression and recognition of the views of the people before the implementation of any government policy. In essence, the voice of the people is supreme in a democratic setting; consequently, the welfare of the people should be the supreme law: salus populi suprema lex esto.

ENVIRONMENTAL DEMOCRACY

Environmental democracy is the participation of citizens in planning processes with environmental effects and aims at mutual commitment by citizens and public authorities to change their behaviors in order to improve sustainable development.

At its core, environmental democracy involves three mutually reinforcing rights that, while independently important, operate best in combination: the ability for people to freely access information on environmental quality and problems, to participate meaningfully in decision-making, and to seek enforcement of environmental laws or compensation for damages.

Far too often, the public is not meaningfully engaged in decisions that could affect their health, livelihoods, and culture. These three key components – access to information, participation and justice – also known as “access rights” are reflected in Principle 10 of the Rio Declaration on Environment and Development. They are at the heart of environmental democracy, embodying the procedural dimensions of the right to a healthy environment.

WHAT DOES ENVIRONMENTAL DEMOCRACY LOOK LIKE?

Several years ago, developers proposed a five-dam project on the Baker and Pascua Rivers in Patagonia, Chile. While they projected that the hydropower would produce 2,750 megawatts of power, the project would also flood 23 square miles of wilderness, jeopardizing the environment, local culture, and tourism of the region.

Citizens opposed the project, arguing that Chile’s energy needs could be met through less damaging projects, such as energy efficiency and renewable energy. Sometime in June 2014—after eight years of campaigning by the Patagonia Defense Council, a coalition of more than 70 domestic and international organizations and individuals—Chile’s Environment Minister, Pablo Badenier, revoked the permit. The advocacy of this coalition, which includes Access Initiative member FIMA, was credited by International Rivers as “perhaps the most important reason” for the reversal.

The success of this campaign is a powerful example of the importance of public participation in land-use decisions. Civil society raised concern over the impacts of the proposed dams on livelihoods and the environment, which ultimately created political opposition. However, far too often the public is not meaningfully engaged in these decisions. This is often due to weak laws that limit the public’s access to information, do not provide adequate public voice in decision-making, or provide no access to justice when environmental harms are committed. These issues are at the heart of environmental democracy—a key component in preserving the health of communities and the regions they call home.

WHY IS ENVIRONMENTAL DEMOCRACY IMPORTANT?

Environmental democracy is rooted in the idea that meaningful participation by the public is critical to ensuring that land and natural resource decisions adequately and equitably address citizens’ interests. Rather than setting a standard for what determines a good outcome, environmental democracy sets a standard for how decisions should be made.

UNDERSTANDING THE THREE FUNDAMENTAL RIGHTS: INFORMATION, PARTICIPATION AND JUSTICE

ACCESS TO INFORMATION

When well-designed and implemented, access-to-information laws require that governments and companies make information such as environmental impact assessments, development project plans, and pollution discharges freely available to the public. By being informed, the public can participate more effectively in decision-making and hold companies and governments accountable for actions that are not in accordance with the law. Information should not only be available, but accessible to the public through formats they can readily use—taking into account literacy, language, readability, use of technology, and more.

Making environmental information open and freely accessible can often be the foundation for change. The United States, for example, developed the first ever Pollutant Release Inventory (PRTR), called the Toxics Release Inventory, in 1986 following several environmental disasters including a chemical release from the Union Carbine plant in West Virginia in 1985. The TRI requires that certain industrial facilities annually submit data on the quantity of toxic chemicals they release. Since 1986, at least 50 countries have developed PRTRs or implemented pilot programs. While the US TRI certainly still has room for improvement, compelling companies to make this data public has helped reduced the incidence of toxic releases in the country.

PUBLIC PARTICIPATION

Public participation laws improve information flow between communities and government or private sector decision-makers. This exchange can help avoid unintended consequences, increase support for a decision, and lead to a more equitable distribution of costs and benefits. The public should be informed early in the decision-making process about opportunities to participate, such as through town hall meetings or community workshops. They also need to be provided with any information necessary to meaningfully engage—such as environmental impact assessments—and should be able to participate without incurring burdensome costs, such as traveling to a capital city. Participation is less meaningful when the public is merely informed of an upcoming decision and left with no opportunity to influence it.

One of the better-known public participation processes for the environment is through Environmental Impact Assessments (EIA), which in many countries require public consultations before the development of projects that will have environmental impacts. However, these consultations can vary widely in quality. When the public is given ample notice along with the necessary information to understand and participate meaningfully, these assessments can be effective ways to safeguard against environmental harms or to ensure that adequate compensation. On the other hand, public consultations that serve only to inform of a decision that has already been made undermine public trust, reduce legitimacy and stifle the flow of important information.

ACCESS TO JUSTICE

When members of the public do lack access to information and participation, they should be able to exercise a right to seek justice—such as compensation or appealing a project. These accountability mechanisms should be independent and impartial, and ideally able to issue binding, enforceable decisions.

Environmental tribunals such as India’s National Green Tribunal (NGT) are good examples of mechanisms that provide access to justice. The NGT was established in 2010 in recognition of the large number of court cases involving environmental disputes. The tribunal has jurisdiction over all civil cases involving “substantial question[s] relating to [the] environment,” and is mandated to attempt to conclude a case within six months of the filing date. Between May 2011 and March 2014, the Tribunal has adjudicated 393 cases.

LOCUS STANDI IN ENVIRONMENTAL CASES IN NIGERIA

The concept of locus standi is a development of case law. Essentially, it has been held to mean “standing to sue.” It is the legal capacity to institute or commence an action in a competent court of law or tribunal without let or hindrance from any person or body whatsoever. The applicant must show sufficient interest in the subject matter of the suit, which interest would be affected by the action or the damage or injury he would suffer as a result of the action.

In the case Adesanya v. President of the Federal Republic of Nigeria it was held per Fatayi-Williams, CJN that:
“…the law is now well settled that the plaintiff will have locus standi in the matter only if he has a special legal right or alternatively, if he has a special interest in the performance of the duty sought to be enforced, or where his interest is adversely affected. What constitutes a legal right, sufficient or special interest, or interest adversely affected, will of course, depend on the facts of each case.”

In the past, the Court adopted a restrictive approach to the issue of locus standi. However, in recent times, the attitude of the Court to locus standi in respect of Environmental matters has changed from a restrictive and technical approach to a liberal view.

In the case of the Registered Trustees of the Socio-economic Rights & Accountability Project Law Report (SERAPLR) & 10 Ors. v. The Federal Republic of Nigeria, the Community Court of Justice (Abuja Division) in deciding whether non-governmental organizations can file complaint on human rights issues on behalf of vulnerable individuals and impoverished communities held that:
“With the same purpose to ease access to Justice on Human Rights issues by most vulnerable individuals and by impoverished communities, which most of the time, do not have means to lodge a complaint by themselves, in particular when the opposite party is a very powerful entity, the ECOWAS Court of justice has reiterated in many instances that, in case of serious human rights violation, a Non-Governmental Organization may enjoy standing to file a complaint on their behalf or to join them in the same complaint, even if the applicant has not been directly affected by the violations it is complaining of.” Per Ramos, J. [P.98] lines 15-30.

In the salutary case of Center for Oil Pollution Watch v. Nigerian National Petroleum Corporation , the Supreme Court robustly held, inter alia, that:
‘The time has come for the Supreme Court to relax the application of the rule of locus standi in cases founded on public interest litigation especially in environmental issues. No particular persons own the environment. It is the duty of all and where government agencies desecrate such environments and other relevant government agencies failed, refuse and/or neglect to take necessary steps to enforce compliance, non-governmental organizations, which do not necessarily seek their personal interest, can bring an action in court to demand compliance and ensure the restoration, remediation and protection of the environment. It is in the interest of the public including the government in general.”

The Supreme Court brilliantly noted that it would be a grave lacuna in the system of public law if a pressure group or even a single public-spirited tax-payer were prevented by outdated technical rules of locus standi from bringing a matter to the attention of the Court to vindicate the rule of law and get an unlawful conduct stopped. The Supreme Court believe that this liberal approach will further promote public interest litigation which is an action usually brought for the benefit of a group or class of persons who have suffered a general wrong or about to so suffer as a result of the activities of other persons or corporate institutions . Suffice it to say that this judgment recognized one of the elementary features of public interest litigation which is that the victims are often groups or persons who would not ordinarily be in a position to approach the Court on their own due to impecuniosity or lack of awareness of their rights.

CONCLUSION

Environmental democracy is about government being transparent, accountable, and involving people in decisions that affect their environment.

The new term ‘environmental democracy’, now taking hold, reflects increasing recognition that environmental issues must be addressed by all those affected by their outcome, not just by governments and industrial sectors. It captures the principle of equal rights for all those in the environment debate – including the public, community groups, advocates, industrial leaders, workers, governments, academics and health care professionals. For those whose daily lives reflect the quality of their environment, participation in environmental decision-making is as important as in education, health care, finance and government.

Participation is central to the notion of environmental democracy, which privileges collective decision-making among citizens above decisions based solely on administrative, professional, or scientific expertise.

Environmental democracy is also referred to as environmental justice. Environmental justice offers researchers new insights into the juncture of social inequality and public health and provides a framework for policy discussions on the impact of discrimination on the environmental health of diverse communities. The goal of environmental justice is to provide an environment where all people enjoy the same degree of protection from environmental and health hazards and equal access to the decision-making process to maintain a healthy environment in which to live, learn, and work.

RECOMMEDATION

It is recommended that special tribunals be set up in Nigeria to handle environmental infringements and that the government should be frank about implementation of policies that will protect the environment.

When these tribunals are set up, they should have special Rules and Procedures that, inter alia, ascribes a time frame for the hearing and determination of cases instituted in the Tribunal just like the Election Petition Tribunal.

It is also recommended that massive awareness and education on environmental issues and rights should be initiated from the grassroot. Some of the ways awareness can be created by relevant bodies in environmental campaigns is to engage social media platforms, setting up clubs/groups in secondary schools to discuss environmental issues, organizing seminars, workshops and conferences to discuss environmental issues in Nigeria, partnering with the traditional rulers to establish a program for environmental education, engaging in periodic public walk like “Green March” and so on.

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‘AN INSIGHT INTO THE REAL JUSTICE ARIWOOLA, ACTING CJN,’ BY LAWYER

By Ibrahim Lawal

My life as a student activist in University of Ibadan exposed me to all kinds of experience particularly brushes with authorities about objectionable policies aimed at stiffening Independent Unionism. I joined Democratic Student Movement (DSM) with the likes of Babatunde Oluajo a.k.a Sankara and other left wing students movements to champion the course of independent Unionism.

I was elected the Speaker of the Students’ Union Parliament while Solomon Ben Olonade was the president of the Students’ Union. We made no pretence about independent Unionism as we took over everything that belongs to the students. Contrary to the practice of the students’ union account being co-signed by the Students Affairs officers, we stood our grounds that the student union must be allowed to run their affairs without interference from the authority.

These decision did not go down well with the authority particularly our resolve to operate the campus cab through the office of the Vice President, Osazere who doggedly operated the campus cab without let or hinderance.

The University authority having sensed our resolve as a union leader, dissolved the union by a release and ordered that the management and control of the union is now in the hand of the Students’ Affairs Officer.

The Union under our leadership resolved to challenge the dissolution of the union by filing a fundamental right proceedings in court. On the day of the hearing of the case, we mobilised greatest UI to the Oyo State High Court presided by Hon. Justice Olukayode Ariwoola now the Acting Chief Justice of Nigeria. I remember vividly that some Zikites came to court with ordinary towel wrapped in their waist while some appeared with nickers without cloth.

We were represented in court by Mr. Kunle Sobaloju while the University was represented by Late Ladosu Ladapo SAN. Mr. Sobaloju powerfully submitted before the court the illegality inherent in the decision of the university authority to dissolve our union without affording us a hearing. Late Ladosu Ladapo SAN on the other hand emphasized the need for discipline as a justification for the dissolution. He even told the court to see the way some of our colleagues appeared in court and the unruly manner we conducted ourselves.

His Lordship while delivering his ruling not only declared the action of the UI management on the dissolution of the union as null and void, he went further to commend the students on their peaceful conduct in court. I was personally impressed with the decision of my Lord as it restates the fact that the judiciary is indeed the last hope of the common man.

It is therefore a thing of joy to me that His Lordship is sworn in today as the Acting Chief Justice of Nigeria, and I pray that may Almighty Allah spare his Lordship life and enable my Lord to make positive impact in the judiciary.

Congratulations my Lord.

Ibrahim Lawal is the Head of Chamber, Olujinmi & Akeredolu.

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CATHOLIC LAWYERS CONDEMN OWO KILLINGS, WANT CULPRITS PUNISHED

It is cruel and sacrilegious that innocent worshippers are attacked in the serene town of Owo, Ondo State and massacred in cold blood. This attack coming on a day the Church celebrates the Pentecost, the birthday of the Church.

The National Association of Catholic Lawyers once more condemns in absolute terms the reckless and abominable crime perpetrated by these monsters.

The brazenness of this attack at the centre of an important city like Owo suggests the breakdown or absence of a coordinated security architecture in Nigeria.

There’s now a total breakdown of law and order in the country as this is an attack too many. May the souls of these martrys rest in the Lord. Amen We condole the Catholic Bishop of Akure and the Catholic Bishops Conference of Nigeria on the loss of lives and pray the good to console the families of the dead and grant quick recovery to the wounded.

We therefore call on the organs of the State to make haste to arrest and prosecute all the persons involved in this abominable act. We shall no longer accept excuses for the inactions of the Nigerian State.

Signed

CHUKWUMA EZEALA, ESQ.
President
NATIONAL ASSOCIATION OF CATHOLIC LAWYERS

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‘OWO KILLINGS A TERROR ATTACK ON YORUBA,’ SAYS EGBE AMOFIN O’ODUA

OWO KILLINGS : A TERRORIST ATTACK ON YORUBA LAND’- Egbe Amofin Oodua (The Yoruba Lawyers Forum)

Egbe Amofin Ooodua ( The Yoruba Lawyers Forum) condemns in strong terms the gruesome attack and murder of worshippers at St. Francis Catholic Church, Owa-luwa Street, Owo, Ondo State of Nigeria which occurred today the 5th day of June 2022 by yet to be identified gun men. This was indeed a terrorist attack on Yoruba land.

We commiserate with the Olowo of Owo, HRH. Oba Ajibade Gbadegesin Ogunoye III, the people of Owo Land, families of the victims, the Catholic Church of Nigeria as well as the Governor of Ondo State, Arakunrin Oluwarotimi Akeredolu SAN for this tragic event.

We urge the Federal Government of Nigeria, government of Ondo State and Security services to ensure that the perpetrators of this dastardly act are urgently apprehended and made to face the wrath of the Law.

We pray that God Almighty shall forgive the shortcomings of the deceased, comfort their families and grant them the fortitude to bear this irreparable loss.

DATED 5th June 2022.

Aare Isiaka Abiola Olagunju SAN
Chairman, Governing Council

Olayinka Sokoya Esq
Publicity Secretary
Egbe Amofin Oodua (The Yoruba Lawyers Forum)

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‘JUSTICE MUST BE SERVED IN DEBORAH YAKUBU CASE,’ WARNS CLASFON

The Christian Lawyers Fellowship of Nigeria (CLASFON) has urged the Nigeria Police Force to ensure that prosecution of the alleged masterminds of the killing of Miss Deborah Samuel Yakubu do not escape justice.

In a statement made available to CITY LAWYER, the umbrella body of Christian lawyers stated that “against the background that murder or culpable homicide is a criminal offence in the Federal Republic of Nigeria irrespective of the motive for perpetrating it.

CLASFON however commended the Sultanate Council “for its condemnation of the unfortunate incident in its entirety and its appeal to law enforcement agencies to bring the perpetrators of the acts which resulted in the death of Deborah Samuel Yakubu to justice, we expect all people of goodwill to do the same.”

The statement reads:

CHRISTIAN LAWYERS FELLOWSHIP OF NIGERIA (CLASFON) PRESS STATEMENT ON THE GRUESOME MURDER OF DEBORAH SAMUEL YAKUBU OF SHEHU SHAGARI COLLEGE OF EDUCATION, SOKOTO STATE

The Christian Lawyers Fellowship of Nigeria (CLASFON) received with great shock and dismay the news of the gruesome and barbaric killing on Thursday, 12 May 2022 of Deborah Samuel Yakubu, a female 200 Level Home Economics Nigerian Christian student of Shehu Shagari College of Education, Sokoto, Sokoto State, by irate youths including her Muslim student colleagues, for blasphemy allegedly committed by her through WhatsApp communication with her course mates.

It is our considered view that there are adequate laws both substantive and procedural in the Statute books of Sokoto State to deal with the alleged blasphemous conduct of Deborah Samuel Yakubu and it was out of place to resort to jungle justice or self-help contrary to the law of the land. The unlawful and cruel termination of the life of Deborah Samuel Yakubu was a gross violation of her right to life guaranteed by the Constitution of the Federal Republic of Nigeria, the supreme law in Nigeria, as well as relevant international human rights instruments. The right to life is the most important and precious of all human rights and it is incumbent on all to ensure its protection. Life is sacred and Nigerian law does not authorise the unlawful taking of anyone’s life in the circumstances depicted by the gruesome killing of Deborah Samuel Yakubu. It is important to reiterate that the rule of law does not in any way support the criminal acts perpetrated with respect to Deborah Samuel Yakubu.

While we commend the Sultanate Council for its condemnation of the unfortunate incident in its entirety and its appeal to law enforcement agencies to bring the perpetrators of the acts which resulted in the death of Deborah Samuel Yakubu to justice, we expect all people of goodwill to do the same.

We urge the Nigeria Police Force to ensure they leave no stone unturned to see that justice is served according to the law of Nigeria in the matter of the gruesome killing of a fellow citizen, Deborah Samuel Yakubu. This is against the background that murder or culpable homicide is a criminal offence in the Federal Republic of Nigeria irrespective of the motive for perpetrating it. The Police as an institution must not allow itself to be cowed by the sponsored protests in Sokoto State or pressured into abdicating its responsibilities to the good people of Nigeria by hoodlums whose only interest is the promotion of anarchy. Justice must be done and must be seen to be done in this case of Deborah Samuel Yakubu. Not only will this send the right message to the international community and all people of goodwill that Nigeria is a country governed by law and committed to the rule of law but it will also help to build the trust of the average citizen in Nigeria’s fidelity to the rule of law and respect for human life.

We urge religious leaders of all persuasions not to be deterred in performing their bounden duty to educate their followers on the need to be cautious, sensitive, tolerant and to follow legally prescribed processes for the vindication of their rights that are infringed cognisant of their tremendous ability to guide adherents of different faiths in Nigeria’s multi-religious environment.

CLASFON commiserates with the parents, family members, friends and associates of Deborah Samuel Yakubu and the entire Christian community in Nigeria on this sad development. We pray for God’s comfort and strength for them at this very difficult time.

We pray God Almighty to cause His peace that passes all understanding to reign in Nigeria in the most precious Name of Jesus Christ, our Lord and Saviour.

DATED THE 15TH DAY OF MAY, 2022

Prof. Oluwole John Akintayo                                                                        Precious Nwadimuya, Esq., NP
President                                                                                                                        National Secretary

CLASFON_SOKOTO

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PETITION: ‘WE’LL DECIDE MAIKYAU’S FATE AFTER HIS REPLY,’ SAYS ECNBA

The Electoral Committee of the Nigerian Bar Association (ECNBA) has vowed that it will determine the petition by embattled Bar aspirant, Mr. Kayode Bello against Nigerian Bar Association (NBA) presidential aspirant, Mr. Yakubu Chonoko Maikyau SAN on merit.

In a response to Bello titled “Re: Petition Against Y.C. Maikyau as NBA Aspirant,” the electoral committee acknowledged receipt of the original petition and addendum and assured the petitioner that justice would be done.

In the email dated May 8, 2022 and sent via the electoral committee’s verified email address at info@ecnba.ng, the ECNBA also hinted that it would obtain a written response from Maikyau before delivering its decision on the matter.

Signed by its Secretary, Mabel Ekeke, the ECNBA wrote: “Your petitions are duly noted. The ECNBA will consider and determine its merit(s) after reviewing the written submission from the aspirants(sic) in response to the said petitions.”

It is recalled that Bello had through the petition urged the electoral committee to bar Maikyau from taking part in the NBA presidential poll. His words: “It is hereby prayed that Mr. Y.C. Maikyau, an aspirant for the NBA election, 2022, be screened properly based on the foregoing and his candidacy be suspended based on the doctrine of necessity to ensure sanctity and sanity of the noble legal profession. And that the ECNBA should do that which is appropriate and or necessary to sustain and maintain the nobleness of the legal profession.”
Maikyau, a frontline presidential aspirant, declined comment on the matter when CITY LAWYER contacted him, saying that the petition was not addressed to him. “Why should I respond?” he asked. He however expressed readiness to respond to the petition if asked to do so by the electoral umpire.

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MY FINDINGS ON CASE OF CITIZEN ORJI, BY GADZAMA

Pioneer Chairman of the Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL), Chief Joe-Kyari Gadzama SAN has submitted his report on his visit to the Awka Correctional Centre concerning an inmate, one Onyekachi Orji.

This is in fulfillment of his promise to investigate the matter as reported to the recent Eastern Bar Forum (EBF) meeting by Senator Enyinnaya Abaribe.

A statement made available to CITY LAWYER showed that Gadzama discovered that Orji was arraigned for two different cases, adding: “While all the Defendants (save Innocent Orji) in the former case (bordering on murder and kidnapping) were acquitted, in the judgment of July 31, 2017, judgment in the latter case (bordering on treason) has been fixed for October 20, 2021, following the adoption of final written addresses by Counsel on July 22, 2021. Innocent Orji has since served out his 10 year term and is now the one taking care of their daughter.”

The full statement is below.

GADZAMA, SAN SUBMITS REPORT OF HIS VISIT TO AWKA CORRECTIONAL FACILITY IN RESPECT OF EMMANUEL ORJI’S CASE AS PROMISED

You will recall that the Pioneer Chairman of the NBA-SPIDEL had promised to submit an official report on his visit to the Awka Correctional Facility to the President of the NBA, the Eastern Bar Forum and Senator Enyinnaya Abaribe intimating them of his findings and progress so far in the case of Emmanuel Orji which was reported by the Distinguished Senator at the Eastern Bar Forum meeting held on the 24th July, 2021 at the Hon. Justice A. I. Umezulike Auditorium, Enugu State.

Gadzama, SAN in the company of some lawyers from his firm as well as C. I. Meze (the counsel that has been handling the matters) and Mr. Ken Nwanna, the Chairman of the NBA Awka Branch visited the Awka Correctional Center on August 5, 2021.

At the Correctional Centre, the team were received by Maria Kwazu, the Welfare Officer, who ushered them to the office of the Officer–in-Charge, DSP Harry Okonkwo.

The team was informed that, although there was an Emmanuel Orji, but contrary to reports, he was neither born in the Correctional Centre nor was he a son of Onyekachi Orji. As a matter of fact, he is close to 40 years and was about 25 years when he was remanded 15 years ago.

The correct information was that although Mrs. Onyekachi Orji, who was already pregnant as at the time of her remand, had given birth while in custody, she gave birth to a girl who was not in any Correctional Centre, but living with her father, Innocent Orji in the village.

The said Onyekachi Orji was arraigned in two different courts:
1. Charge No HN/2/2011 between the State v Innocent Orji (General) & 16 Ors, coram Honourable Justice Ike Ogu, before the Anambra State High Court, sitting at Awka.
2. Charge No FHC/AWK/7C/2009 between the Federal Republic of Nigeria v Chidinma Orji & 15 Ors before the Federal High Court, coram Honourable Justice Oweibo.

While all the Defendants (save Innocent Orji) in the former case (bordering on murder and kidnapping) were acquitted, in the judgment of July 31, 2017, judgment in the latter case (bordering on treason) has been fixed for October 20, 2021, following the adoption of final written addresses by Counsel on July 22, 2021. Innocent Orji has since served out his 10 year term and is now the one taking care of their daughter.

Gadzama also commended Mr. C. I. Meze who has been handling the matter for over 15 years now, at no cost to the Defendants. He equally thanked the Distinguished Senator, the leadership of the Nigerian Bar Association as well as the Eastern Bar Forum for giving him such an opportunity to serve.

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NBA CHIEF LIED AGAINST OUR CHAIRMAN, SAYS EFCC

The Economic and Financial Crimes Commission (EFCC) has debunked an allegation by the embattled Chairman of the Nigerian Bar Association (NBA), Makurdi Branch, Mr. Justin Gbagir that EFCC Chairman, Mr. Abdulrasheed Bawa boasted that he would use his purported leverage with the judiciary to torpedo any lawsuit by the NBA chieftain.

According to a statement by the commission, “At no time during the encounter was there reference to judges and their soft spot or the lack of it, for the EFCC boss and the Commission.”

It is recalled that CITY LAWYER had reported that Bawa met recently with Gbagir to explore an amicable resolution of the furore that arose after the NBA chieftain was allegedly battered by EFCC operatives at their Makurdi Office.

Giving an update on the meeting, Gbagir, in a statement he made available to CITY LAWYER, stated that Bawa said “That the operatives have also written their statement denying my allegations that I was assaulted and even if we decide to go to court, it will be our words against theirs. In any case, he has good working relationship with judges.” The allegation was highlighted by a news blog (not CITY LAWYER).

The full statement by the EFCC is below.

Judges: Makurdi NBA Chairman’s Statement Against EFCC, Not True
The attention of the Economic and Financial Crimes Commission, EFCC, has been drawn to a report captioned: Even If you Go to Court… I have a Good Working relationship with Judges, attributed to the Benue Chairman of the Nigerian Bar Association, NBA, Justin Gbagir and which was published in the online media on Monday August 9, 2021.

The Commission wishes to state that the comment ascribed to the Executive Chairman, Mr. Abdulrasheed Bawa, is patently false and should be discountenanced.

It is regrettable that a compassionate gesture by the Executive Chairman in meeting with Gbagir over an alleged incident involving him and some officers of the Makurdi Zonal Command of the Commission has degenerated into a weapon of blackmail.

As a responsible leader, one with a disdain for injustice of any kind, Mr. Bawa met Gbagir to give him fair hearing and explore avenues to address his complaints, where they were meritorious. At no time during the encounter was there reference to judges and their soft spot or the lack of it, for the EFCC boss and the Commission.

As a law enforcement officer with over 16 years cognate experience before assuming the office of the Executive Chairman, Mr. Bawa is conversant with the impartiality and independence of the judiciary and could not have made the flippant statement ascribed to him.

To have invented such a remark and ascribed it to the EFCC chair is not only disingenuous but grossly irresponsible.

Media & Publicity
13 August, 2021

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VACANCIES: OYO STATE JUSTICE MINISTRY NOW HIRING

The Oyo State Government is set to recruit personnel for her two ministries. Details of the recruitment exercise as obtained by CITY LAWYER are below:

OYO STATE CIVIL SERVICE COMMISSION VACANCIES

Applications are invited from suitably qualified candidates for appointment into various ministries as indicated below

STAFF VACANCIES IN THE MINISTRY OF JUSTICE
STAFF VACANCY IN THE MINISTRY OF EDUCATION, SCIENCE & TECHNOLOGY

Applications are invited from suitably qualified candidates for appointment into the post of Education officer in the Ministry of Education, Science and Technology, Oyo State.

Requirements and qualifications
Post: Education Officer, GL. 08

Qualifications:
1. A degree in Education or in any other relevant subject from a recognised University.
2. A degree in a relevant subject plus a post-graduate certificate in Education
* English Language
* Mathematics
* Yoruba Language
* Social Studies
* Basic science
* French
* Business studies
* Agricultural Science
* Physical Health Education
* Christian/ Islamic Religion Study
* Basic Technology
* Home Economics
* History
* Civil Education
* Security Education
* Literature in English
* Further Mathematics
* Physics
* Chemistry
* Animal Husbandry
* Economics
* Government
* Geography
* Technical Drawing
* Biology
* Data Processing
* Commerce
* Fine Art
* Creative and Cultural Art
* Food/Nutrition
* Book-Keeping & Accounts
* Catering & Craft Practice
* ICT/Computer science
* Guidance and Counselling
Conditions of Service

Each of the posts is pensionable and in case of new entrants into Public service, their appointment will be on probation for a period of two (2) years. Other conditions of service will be as prescribed, for the time being, for officers of equivalent grades in the Civil Service of Oyo State of Nigeria.

Meanwhile, it is to be noted that the Oyo State Civil Service Commission reserves the right for final selection as deemed fit.

Method of Application

Interested candidates should visit the Oyo State Government website jobportal.oyostate.gov.ng to complete the application forms and submit same as appropriate.

Closing: Application and submission will close on Friday, 10th July, 2020.

AMNESTY INT’L, ODINKALU, BALLASON, OTHERS SEEK ACCOUNTABILITY FOR MASS KILLINGS

Amnesty International and human rights advocates have warned that unless there is accountability for mass killings in Nigeria, the trend will not stop.

Rising from the 2020 Annual Lecture of the Molluma Medico-Legal Centre held recently at House of Justice, Kaduna, the panelists noted that survivors, victims and communities affected by mass killings deserve empathy from government as well as dignity and closure. The theme of the lecture was “From atrocity to closure: Managing victims and deploying forensics in the aftermath of mass killings”

Country Director of Amnesty International in Nigeria, Osai Ojigho, decried the acceptance of impunity and lack of accountability for mass killings in Nigeria. Ojigho, who was on the panel of discussants, referred to cycles of killings and reprisals by terror groups and security forces or in so-called inter-communal clashes and regretted the seeming lack of interest on the part of the Nigerian government to bring these cycles to an end.

She gave the example of the massacre of Shiites in Zaria, Kaduna State, in December 2015 where security forces were involved in the mass killing and disappearance of hundreds with no consequences and no closure for the families despite the recommendations of a judicial commission of inquiry.

Ojigho underscored the importance of the “right to truth”, pointing out that truth has often times been caught in between a citizenry who demand accountability and government officials who disdain the kind of work that groups like Amnesty do in pursuit of truth about mass killings.

The keynote speaker at the lecture was world-renowned geneticist, Mishel Stephenson, representing Fredy Peccerelli, Executive Director of the Forensic Anthropology Foundation of Guatemala (GAFG). Ms. Stephenson called attention to the needs of families affected by mass killings and disappearances and underscored the obligation of government to address these needs.

Her words: “Families affected by such killings or disappearances usually have a diverse range of emotions, needs and priorities, such as locating the bodies of their loved ones, knowing the cause of death (right to truth), according their loved ones a burial, finding closure or ensuring justice. The skills required to fulfill these needs are multi-disciplinary, and include genetics, anthropology and psycho-social support. Forensic genetics helps in identifying the bodies when they are located and could also help in prosecution of alleged perpetrators or bringing to justice persons behind mass atrocities for the purpose of truth and justice.”

Stephenson revealed that in Guatemala, the work of the FAFG has helped to locate over 3,500 victims and to bring many people, including a former President of the country, to justice. According to her, the families and communities of victims are the real victims and the driving force behind investigations of this nature.

She warned that investigating mass killings takes time, effort and could be excruciating but is the only way that the collective dignity and humanity of both victims and survivors could be validated.

Drawing from the experience of Indian-Administered Kashmir, Khurram Parvez, a panelist and Chair of the Asian Federation Against Involuntary Disappearances stressed the obligation of government to protect its citizens and communities, pointing out that quite apart from their impact on individuals and families, mass killings also undermine bonds of coexistence and faith in institutions. Mr. Parvez explained the importance of ensuring effective documentation of such crimes even when it is not immediately evident that any prosecutions will take place. In Kashmir, he disclosed, they have worked to document over 6,700 mass killings and mass graves.

Another discussant, Abiodun Baiyewu, Executive Director of Global Rights said closure would be much easier to achieve if government were to show empathy and sincerity in investigating mass killings and bringing their perpetrators to justice. “…this is the most effective way to break the cycle of atrocities and reprisals. When this does not happen, atrocities and impunity can be said to be ‘state-backed’, “she argued

Ahmed Salkida, Editor-in-Chief, “HumAngle” and foremost conflict reporter from Nigeria, argued that mass killings and massacres will continue as long as government and its agencies neglect their primary duty which is to protect the citizens and their communities. He complained that in Nigeria, government deploys effective assets to protect property but often behaves as if its people are expendable. “The government must choose its citizens over properties”, said Mr. Salkida.

Advocate, Peter Kiama, Executive Director of Independent Medico-Legal Unit (IMLU) in Kenya, who was also a panelist at the event argued that mass killings do not occur by accident but are enabled by government policies which means that policies can also be made to curb or eradicate them. He also called attention to the need to address the trauma needs of survivors who are often affected in ways that society and government are unwilling or unable to pay attention to.

Chidi Anselm Odinkalu, who chairs International Advisory Board of the Molluma Medico-Legal Centre added that it is important for families to have closure and to be able to locate and identify the remains of their loved ones and that could be made possible if citizens and government learn to count and account for each other. Citing the examples from both Guatemala and Kashmir, Dr. Odinkalu underscored the importance for attention to detail, documentation and dignity in responding to mass killings. ‘All these require patience and time’, he said.

Participation in the lecture came from over 30 countries, including Botswana, Kenya, Nigeria, Malawi, Tanzania, Uganda, South Africa, United Kingdom, United States. They included former Justice of the Supreme Court of Nigeria, Justice K.B Akaahs, former Attorney-General of Kaduna State, Zakari Sogfa; Dean of the Faculty of Law at the University of Ghana at Legon, Professor Raymond Atuguba; and Head of Advocacy in Christian Solidarity World-wide (CSW), Dr. Khataza Gondwe.

Executive Director of the Molluma Medico-Legal Centre, Gloria Mabeiam Ballason, said that the 2020 lecture was necessary to empower citizens to put pressure on Nigeria’s federal government to ensure accountability for the instigators, sponsors, perpetrators, catalysts and enablers of the mass killing that now characterize the country. “These killings will not stop until no one benefits from them”, Ballason noted, concluding that Guatemala is a great example of the power in citizenship movements.

Commissioned in 2014, the Molluma Yakubu Medico-Legal Centre works to ensure accountability for victims of medical crimes and mass atrocities, and to give victims dignity even in death. The Centre is located in Kaduna, Nigeria. The 2020 lecture is the third in series.

Please send emails to citylawyermag@gmail.com. Copyright 2020 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.