POLICE

DAVIDO’S SON: POLICE ARREST TWO SUSPECTS, OSINBAJO MOURNS

Two suspects are now being investigated in connection with the death of Ifeanyi, the son of music star, David Adeleke (aka Davido) and his fiancée, Chioma Rowland.

Lagos State Police Public Relations Officer, SP Benjamin Hundeyin, said: “Eight people were brought in for questioning, six people were allowed to go, the remaining two were the ones that have been placed under arrest and that makes them suspect.”

According a PUNCH Metro source, the nanny and the cook were directly in charge of Ifeanyi’s welfare, adding that they might also be liable for negligence.

It was gathered that the two have now been placed under formal arrest as suspects and may remain in police custody until they are cleared by an autopsy report.

The source said, “The cook and the nanny were the ones directly with the child, so, they are guilty of negligence until the autopsy is conducted. During investigation, we have suspects, and depending on the case, the suspects may or may not be released.

“So far, the family has not objected to the autopsy, but how fast it will be done depends on the hospital. But the next move is to review the CCTV at the house.”

It was reported that after Ifeanyi’s corpse was recovered from the swimming pool at his father’s residence in the Banana Island area of Lagos State, it was deposited in a mortuary for autopsy.

The police subsequently invited eight domestic workers and after interrogation, six of them were released.

However, two others, the nanny and the cook, were detained.

Said Hundeyin: “If we need to detain them for longer than necessary, we will obtain a court order so as to ensure that we are not doing over detention or illegal detention.

“I can’t give much details about an ongoing investigation, but those two people detained are assisting us in our investigation. Those that were released have little or no bearing to the case but the two people detained are assisting us.

Meanwhile, Vice President Yemi Osinbajo, on Wednesday, commiserated with the bereaved parents.

Osinabjo, in a post on his Twitter handle, said, “Dolly & I are greatly saddened by the tragic loss of Ifeanyi, the dear son of Davido & Chioma. We pray our Lord Jesus Christ will comfort & uphold both of them through this traumatic experience. Amen. We also commiserate with our brother, Dr. Deji Adeleke and the entire Adeleke family. You are constantly in our thoughts and prayers.”

The state Commissioner for Information and Strategy, Gbenga Omotoso, urged residents in the state to abide by the universal rule that guide the usage of swimming pools.

He said, “I am not sure you need a permit to build a swimming pool in your house, but I know that before you build a house, you bring the drawing for the government to approve.

“But if somebody has any emergency, whether it is in a swimming pool or club house, the state has a solid emergency machinery that swings into action within seconds. But people need to call those emergency numbers to make a report.

“The particular case you are talking about is a family tragedy and the Governor, Babajide Sanwo-Olu, personally commiserated with Davido on this irreparable loss.

“For us in Lagos, it is not a time to begin to look into what the government is doing about people building swimming pools in their homes.

“There are universal rules about how to use a swimming pool; if you are a minor, you can’t go in there alone; if you want to swim, you must ensure that there are lifeguards around and should anything happen, there must be people to raise the alarm; the swimming pool must be clearly marked to prevent a novice from going beyond certain meters, among others.”

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

‘CLEMENT CHUKWUEMEKA SECURED MY RELEASE FROM FORCE HEADQUARTERS,’ SAYS LAWYER

YES! I can attest to this fact that Clement Ugo Chukwuemeka aka Democrat is a pure sui generis bar man, humane to the core, loving and selfless.

He equally demonstrated this on me when he took it upon himself on behalf of the NBA in securing my release during my travails at the Force Headquarters, Abuja.

I am of the Degema (Treasure) Bar. He never knew me from Adam.

I am mobilizing strongly for him here.

O. S. Taylor-Harry, Esq

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jun 03, 2022
  • 0
  • Comments Off on ‘LAGOS HIGH COURT IS TAKING ACTION ON MY FACE-OFF WITH TOP COP,’ SAYS ‘DETAINED’ CHIEF MAGISTRATE

‘LAGOS HIGH COURT IS TAKING ACTION ON MY FACE-OFF WITH TOP COP,’ SAYS ‘DETAINED’ CHIEF MAGISTRATE

  • NBA WADES INTO DEBACLE

The Lagos State Chief Magistrate who was reportedly arrested and incarcerated by a senior police officer has given a blow-by-blow account of her face-off with the top cop.

In a voice note obtained by CITY LAWYER, the judicial officer, Mrs. S. K. Matepo who is the Chief Magistrate at Court 1, Mushin debunked news reports that she was arrested and detained while on a routine oversight visit to a police cell in Mushin.

It is recalled that several news outlets (not CITY LAWYER) had yesterday reported that the Area Commander of Area D Police Command, Lagos, ACP Aliko Dankoli had last Monday ordered the arrest and detention of the Chief Magistrate who, in line with the provsions of the Adminsitration of criminal Justice Act, went to the command to see the interview detainees. The reports had alleged that ACP Dankoli was angry because the Chief Magistrate did not seek his permission before speaking with the suspects.

This led several lawyers including the Chief Joe-Kyari Gadzama SAN-led Nigerian Bar Association Security Agecnies Realtions Committee (NBA-SARC) to wade into the debacle, even as the Lagos State Police Command debunked the reports.

But in the voice note reviewed by CITY LAWYER, Chief Magistrate Matepo stated that while she had a heated argument with the top police officer, it did not degenerate to her arrest or detention. She also added that not only did she complete her assignment by interviewing the suspects, the senior police officer was reprimanded while a formal apology from him is pending.

The full transcript of the recording by CITY LAWYER is below:

“Good afternoon, my colleagues, Magistrates of Lagos State.

“Thank you everybody for the calls and love. This is Mrs. Matepo, the concerned magistrate, Chief Magistrate Court 1 Mushin.

“I just want everybody to know that, yes, something happened but not as bad as it was narrated. I went on the police visit to Mushin and the Area Commander insisted that I must take his approval or permission before I interrogate the suspects in the cell.

“I explained to him that, having seen his senior officers who led me to the cell, I don’t think I need to see him first. I might come back to him after interrogating the suspects – if need be.

But he kept on and insisted that it shouldn’t have gone that way. But I put it to him that that is the way I do my job – I need not visit him in his office. I stood my ground and insisted that I must complete my job and his officers might report to him after I might have finished, or if there is any need for me to see him, that is when I will see him, and that I’m not supposed to see him first.

“Though he (got) agitated and shouted; Anyway, I put it to him. And immediately the second day, I came to the High Court to report him to Mr. Fadeyi who called him and put him to order. He warned him and told him that he would make arrangement for him to apologize.

“So, that was the situation before all this news that went viral this morning (yesterday) about this situation. There was no arrest or detention. Mrs. Matepo is fine and everything is in order. I think the High Court is taking proper step on the issue. Thank you very much.”

STATEMENT BY THE CHAIRMAN, NIGERIAN BAR ASSOCIATION – SECURITY AGENCIES RELATIONS COMMITTEE (NBA-SARC), CHIEF JOE-KYARI GADZAMA OFR, MFR, SAN, ON THE UNLAWFUL ARREST AND DETENTION OF A MAGISTRATE BY THE AREA D POLICE HEADQUARTERS IN MUSHIN LAGOS STATE

1. It has come to the notice of the NBA-SARC via a series of online publications by media outlets, accessed today, Thursday, June 2, 2022, that a magistrate, whose name was withheld, had on Monday, May 30, 2022, during a routine check of suspects in cells at the Area D Police Headquarters, Mushin, Lagos State, been arrested and detained on the orders of the Area Commander, ACP Dankoli over the allegations that the Magistrate went to check suspects detained in the Command’s cell without his permission.

2. Indeed, it is preposterous to think that a Magistrate will be humiliated and even detained for carrying out one of the statutory responsibilities of her office as obligated by the Lagos State Judiciary and the Administration of Criminal Justice Law of Lagos State.

3. In line with the NBA-SARC’s mandate, our Committee is presently making urgent efforts at verifying the facts and circumstances surrounding the instant report especially as it relates to the arrest and detention of the magistrate in question. This is to inform further steps, actions and/or decisions made from the standpoint of knowledge and information.

4. In the interim, we call for calm from the legal community and further reassure that no stone will be left unturned in ensuring the justice of this instant case and that whoever is found wanting faces the music in the present investigative efforts by the NBA-SARC. We continue to condemn, unreservedly, all forms of unlawful arrest and detention and the instant case, if verified, is no different. We are making efforts to reach the said Magistrate, her aides and eyewitnesses, if any, to ascertain the extent, and/or nature of confrontation with the Police on that the said day.

5. We remain ever committed to the safety and welfare of all members of the Nigerian Bar Association and its me.

6. I remain yours in this lofty struggle.

Signed: Chief Joe-Kyari Gadzama, OFR, MFR SAN (Chairman, NBA–SARC)

RE: HOW AREA COMMANDER LOCKED UP LAGOS MAGISTRATE INSIDE CELL AT AREA D COMMAND

The Lagos State Police Command is aware of a June 02, 2022 news story by one Michael Akintola of PM Express titled ‘How Area Commander Locked Up Lagos Magistrate Inside Cell at Area D Command.’

The Command wishes to state clearly that the story is nothing but fiction. At no time did the Area Commander detain or attempt to detain the magistrate, who was at the Area Command for Cell Inspection exercise. The Police will never engage in such disrespect to the Judiciary.

The writer referring to a serving magistrate as ‘the innocent woman’ says a lot about his objectivity/bias and contrived efforts at sensationalism. Also, it is suspicious that the writer could not provide the name of the magistrate, who is a public officer. It is equally suspicious that the writer made no attempt to contact the judiciary to verify the purported detention.

The Lagos State Police Command did the needful and contacted the judiciary. The Lagos State Judiciary confirmed that there was no such thing and neither was the magistrate prevented from carrying out her Cell Inspection exercise. We hereby state it unequivocally that any attempt to cause disaffection between the Police and the Judiciary will be fiercely resisted. We remain worthy partners in the justice sector.

The Lagos State Police Command enjoins Lagosians to disregard the story as officers and men under the stewardship of CP Abiodun Alabi, fdc will continue to be professional and uphold the rule of law at all times.

SP BENJAMIN HUNDEYIN, anipr, mipra
Police Public Relations Officer,
Lagos State Command,
Ikeja-Lagos.

June 02, 2022.

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

GADZAMA URGES POLICE TO RESPECT LAWYERS’ RIGHTS

The Chairman of the Nigerian Bar Association (NBA) Security Agencies Relations Committee, Chief Joe-Kyari Gadzama SAN has stated that the best way to maintain law and order in the society is through the Police.

Speaking at a training workshop in Abuja organized by NBA in collaboration with MacArthur Foundation , Gadzama emphasized the need for the police to pay utmost respect to lawyers in the course of representing their clients.

Below is the statement made available to CITY LAWYER on the event.

“LAWYERS AS PEOPLE OF NOBILITY AND DIGNITY SHOULD BE TREATED WITH RESPECT BY THE POLICE, PARTICULARLY BY FOLLOWING DUE PROCESS….,” SAYS JOE-KYARI GADZAMA SAN, OFR, MFR

The Nigerian Bar Association in collaboration with MacArthur Foundation on May 18, 2022 held a training and workshop at the NBA National Secretariat, Plot 1101 Muhammadu Buhari Way, Central Business District, Abuja FCT, Nigeria with the theme “The Role of the Nigeria Police in the Implementation of the Administration of Criminal Justice Act,2015 and Compliance with Principles of Human Rights in Law Enforcement”.

The training was anchored by Ogaga Emoghwanre, Esq. and started with the Nigerian National Anthem followed by the NBA National prayer.

Tobenna Erojikwe, Esq., Chairman, NBA Institute of Continuing Legal Education, a facilitator at the workshop welcomed, introduced participants, and urged them to sit tight, learn, and participate fully while at the training.

Honourable Justice Hussein Baba Yusuf, Chief Judge, FCT High Court was ably represented by Honourable Justice M. E. Anenih, Judge of the FCT High Court. My Lord in his speech commended MacArthur Foundation and the Institute of Continuing Legal Education for the initiative and also applauded participants for coming out in mass to be trained and learn at the impressive workshop.

My Lord further pronounced the workshop as one that should not be trivialized but recognized because it is apt and timely.
He reiterated on the Administration of Criminal Justice Act as one that aids in the seamless dispensation of Justice, rule of law, and maintaining delivery in the legal institution.

Chief Joe-Kyari Gadzama, SAN , Chairman, NBA-SARC in delivering his goodwill message at the workshop, quoted section 214 of the Constitution of Nigeria that establishes the Police Force and Section 4 of the Police Act which provides for the functions of the Nigeria Police.

The learned Silk further posited that the best way to preserve law and order in the society is through the Police. He further emphasized on the dignity of lawyers and how they ought to be treated with utmost respect by the police.
Going further, he urged participants to extend knowledge gained at the workshop to others, as it is not enough to learn and not share knowledge. He implored the audience to pay attention and wish them an informative workshop and training in conclusion.

Idris Bawa, Esq. Made a presentation on the procedures of arrest, suspects of crime, instances where the police can arrest without warrant, and expounded on the duties of the police in general.

Umar Mohammed, Director of Public Prosecution, Federal Ministry of Justice who was represented by A.A Yusuf, expounded on the innovations of the Administration of Criminal Justice Act with regards to the Police in dispensation of Justice.
He raised the issue of remuneration for State Counsel and Nigeria Police, and on the abrupt takeover of cases by the Attorney General, interested Parties and Private Practitioners.

The question and answer session was anchored by Kate Okoh-Kpina (Mrs), Advisor, Rule of Law, Giz Police Program, Africa-Nigeria. Vote of thanks was performed by Osita Okoro, Project Team Coordinator. Participants later engaged in networking among one another.

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

DEBORAH YAKUBU: ‘RULE OF LAW IN ABEYANCE,’ SAYS TAIDI

A presidential aspirant in the forthcoming Nigerian Bar Association (NBA) Elections, Mr. Jonathan Gunu Taidi has decried the absence of rule of law in Nigeria, adding that the security agencies have failed to protect lives and properties.

Speaking as a discussant at the NBA Ikorodu Branch Bar Week, the immediate past NBA General Secretary said the situation “confirms our inability to evolve a workable template that suits our religious and cultural diversity.”

Below is the full text of his remarks.

REMARKS BY PAST GENERAL SECRETARY OF NIGERIAN BAR ASSOCIATION JONATHAN GUNU TAIDI AS DISCUSSANT AT NBA IKORODU 2022 LAW WEEK

Protocol

It is a great honour to be asked to give a few remarks on the occasion of the Ikorodu Law Week. Although this event is an annual event, it is no less critical for the opportunity it provides for national soul searching, improving jurisprudence and elevating the bar and the practice of law in this country.

Everyday seems to bring  with it new challenges and even more invidious assault on the constitution and the laws we we pledge to uphold and defend.

The recent gruesome murder and decapitation of Ms Deborah Samuel within the premises of Shehu Shagari College of Education Sokoto is a sad reminder that the rule of law is in abeyance and our security apparatus has failed – assuming there was ever any to speak of. It also confirms our inability to evolve a workable template that suits our religious and cultural diversity.

More disappointing, in a catalogue already filled with disappointments, is the comment by the Nigeria Police that some of the perpetrators of this heinous act were not even Nigerians but foreigners from Niger Republic. This is first an indictment on the Nigerian Immigration Service particularly, and the opportunistic and visionless leaderships which over the years have successfully superintended over failure in every facet of our affairs as an “independent” nation where impunity has become our coat of arms. As I write this the papers are awash with news of the arrest of the nation’s accountant general for allegedly perpetrating an N80 billion fraud.

We have made corruption a byword for governance and abominable violence is the new normal. This attitude of just condemning the vile actions of criminals by our leaders, without any deliberate strategy or action to check the menace, has not and will not redress our regression into anarchy.

It is unacceptable that our security agencies are always caught sleeping on duty.  It is time to invest more in intelligence gathering than on weapons especially in the face of scarce resources.

I urge all participants here to fully contribute to the discussions on Nation Building: Our Collective Responsibility. As legal practitioners we must always remember that we are the light of the nation, and we carry the torch of enlightenment and progress.

I hope this particular Law Week helps spearhead a national rebirth that will lead us on the road to a more progressive and prosperous nation.

Thank you and God bless our fatherland.

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

‘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

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Apr 23, 2022
  • 0
  • Comments Off on PETITION: ‘ECNBA WILL CLEAR ME OF ALL CHARGES,’ SAYS OGBAH

PETITION: ‘ECNBA WILL CLEAR ME OF ALL CHARGES,’ SAYS OGBAH

Former Chairman of Nigerian Bar Association (NBA) Ota Branch, Mr. Isaac Omuta Ogbah has expressed confidence that the Electoral Committee of the NBA (ECNBA) will dismiss the petition written against him by an Abuja based senior lawyer.

Mr. Uche Amulu had in a petition to ECNBA urged the electoral committee to bar Ogbah from participating in the forthcoming NBA Elections. Ogbah is gunning for the post of NBA Third Vice President.

Amulu alleged that Ogbah engaged in “anti-Bar, in fact anti-lawyerly (sic), activities as he is not fit to be part of us, let alone leading the Bar,” adding that “Isaac Ogbah notoriously abuses the judicial process by a wanton mix of police oppression and running for cover using police prosecutorial powers as provided by law. He cannot be allowed to lead the Bar, as the damages he will cause with any little position are better imagined than felt.”

But in a rejoinder to the CITY LAWYER report, Ogbah urged the “general public, my friends and well wishers to disregard this libelous petition now written by the same Uche Amulu of counsel.”

Placing his confidence in the electoral committee, the Bar Leader said in the rejoinder made available to CITY LAWYER: “I have no doubt that members of the ECNBA, who are men and women of impeccable integrity and character, upon reviewing the whole facts of the case will find nothing against me and would certainly clear and certify me as fit and proper to contest as one of the candidates for the post of 3rd Vice President of the NBA.”

Noting that he “was never copied nor have I been served a copy of the said Petition either by the Petitioner or by ECNBA,” the aspirant assured that he would “take appropriate steps to respond to same officially and make copies of my response to ECNBA formally in the coming days.”

The former branch chairman stated that contrary to Amulu’s allegations, there was “a formal Police Report issued in our favor clearly exonerating us of ever committing any offence known to law,” adding that “upon the conclusion of the investigative activities by the DIG’s office whether or not there was in fact any alleged offences of armed robbery, kidnapping, stealing and armed robbery as alleged by the same Uche Amulu of counsel, the Legal Advise was to the effect that Uche Amulu, Celestine Eze and His company be prosecuted for deliberately writing a false petition alleging the above named offences, when they knew was never committed.”

He said the suspects “including the aforesaid Uche Amulu of Counsel are now standing trail (sic) before the FCT Magistrate court and for which I have given my evidence in chief and with the same Uche Amulu himself having personally commenced his Cross-Examination personally and the matter adjourned to 11th May, 2022 for continuation of hearing.”

Saying that he has briefed his solicitors “to take appropriate legal steps to address the Petition in issue and make necessary demands from the law firm cum author of the petition,” Ogbah noted that there is also a civil libel suit pending against Amulu and 2 others which comes up for trial on April 26, 2022 “regarding his libelous publications he had previously made against my person and that of my clients. Hence everyone can, in their own wisdom, judge and or make their own personal opinion as to why this petition has been written and the intent it is meant to serve.”

Below is the full text of Ogbah’s rejoinder.

Today, Saturday the 23rd day of April, 2022, my attention was drawn to a Petition written by the Law Firm of Greys & Acquisition Legal Practitioners and authored by one Mr. Uche Amulu, a legal practitioner wherein he alleged several defamatory things against my person and requested that I be disqualified by the ECNBA from contesting the position of the 3rd Vice President of the NBA.

Unfortunately I was never copied nor have I been served a copy of the said Petition either by the Petitioner or by ECNBA.

While I will take appropriate steps to respond to same officially and make copies of my response to ECNBA formally in the coming days, since the said libelous petition is now being circulated by the authors of the Petition and several Press Media outlets are reaching across to me so as to get my response, I am now constrained to respond as below so as to set the records straight

1. Sequel to the unlawful infringement of our Client’s registered Trademarks by some persons we were instructed to write a Formal Petition to the Police Authorities and who in their wisdom and acting under relevant powers conferred on them by law thought it fit to investigate same.

In the course of their investigative activities 2 suspects were arrested and incriminating products evidencing their criminal activities of infringing our clients’ registered trademark taken into custody by the investigation Police officers after the suspects had been granted bail.

2. Whereas the arrested suspects secured the services of reputable lawyers based in Lagos and Abuja to represent them, with one of such lawyers being a well known and renowned Senior Advocate of Nigeria 🇳🇬, attempts made by the suspects as well as their legal representatives to have the matter resolved out of court not yielding the desired results one Uche Amulu, also a lawyer, and who being very much seised of the facts of the case but who with intent to achieve whatever sinister motives of his, resorted to intentionally twist the facts of the case by writing a Petition to the Inspector General of Police (IGP) wherein he intentionally and falsely alleged that his clients, while traveling from Port Harcourt to Onitsha, were attacked by a group of about 7 armed robbers, who attacked and robbed them of their goods and personal effects as well stabbed and shot them with guns and also in the process kidnapped them until they were later released

3. They also alleged in their Petition that one of the phones alleged to have been stolen were tracked and found to be in our custody and as a result of the above said Petition the Inspector General of Police (IGP) directed that the IRT unit of the Police should carry out a discrete investigation of the said Petition, leading to my being arrested alongside one of my revered Client.

4. Upon the eventual investigative activities carried out by the various Police authorities that were involved in the whole process, below were the outcome of same, to wit:*

A. The IRT office concluded their investigation with the conclusion that none of the alleged offenses was ever committed by myself nor my clients as alleged by the Petitioners.

B. Consequently a formal Police Report issued in our favor clearly exonerating us of ever committing any offence known to law.

C. The office of the AIG Maritime also concluded their investigative activities and a formal legal advise issued to the effect that the suspects engaged in the unlawful infringement of my Client’s registered trademarks be prosecuted. They are presently standing trial before Court 6 of the Federal High Court sitting one Port Harcourt.

D. Also upon the conclusion of the investigative activities by the DIG’s office whether or not there was in fact any alleged offences of armed robbery, kidnapping, stealing and armed robbery as alleged by the same Uche Amulu of counsel, the Legal Advise was to the effect that Uche Amulu, Celestine Eze and His company be prosecuted for deliberately writing a false petition alleging the above named offences, when they knew was never committed.

All the suspects involved, including the aforesaid Uche Amulu of Counsel are now standing trail before the FCT Magistrate court and for which I have given my evidence in chief and with the same Uche Amulu himself having personally commenced his Cross-Examination personally and the matter adjourned to 11th May, 2022 for continuation of hearing.

It is also worthy of note that there is presently a civil suit of libel pending against Uche Amulu and 2 others and which comes up for trail on Tuesday, 26th April, 2022 regarding his libelous publications he had previously made against my person and that of my clients. Hence everyone can, in their own wisdom, judge and or make their own personal opinion as to why this petition has been written and the intent it is meant to serve.

I therefore sincerely urge the general public, my friends and well wishers to disregard this libelous petition now written by the same Uche Amulu of counsel. I have no doubt that members of the ECNBA, who are men and women of impeccable integrity and character, upon reviewing the whole facts of the case will find nothing against me and would certainly clear and certify me as fit and proper to contest as one of the candidates for the post of 3rd Vice President of the NBA.

Meanwhile I have briefed my solicitors to take appropriate legal steps to address the Petition in issue and make necessary demands from the law firm cum author of the petition and in the event of their unwillingness to retract and withdraw the libelous contents of the Petition now being published and circulating globally we will definitely seek legal redress from the law courts.

Once again, I remain yours and yours always.

Isaac Omuta Ogbah, FICMC

To join our Telegram platform, please click here 

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Apr 13, 2022
  • 0
  • Comments Off on NBA DISOWNS ‘LAWYER’ OVER FAKE STAMP, VOWS PROSECUTION

NBA DISOWNS ‘LAWYER’ OVER FAKE STAMP, VOWS PROSECUTION

The Nigerian Bar Association (NBA) has said that it never issued any stamp to one Aroyewun Adeleke Sulaimon.

Noting that the suspected fake stamp bearing the name of one Mr. Aroyewun Adeleke Sulaimon embossed on a title document is “in breach of the extant laws regulating the practice of law in Nigeria,” the NBA stated that “Preliminary investigations reveal that the stamp affixed to the title document was not issued by the Nigerian Bar Association (NBA), neither has the NBA issued any stamp to any Mr. Aroyewun Adeleke Sulaimon.”

Below is the full text of the statement signed by NBA Publicity Secretary, Dr. Rapulu Nduka.

USE OF FAKE NBA STAMPS IN THE NAME OF ONE MR. AROYEWUN ADELEKE SULAIMON: A DISCLAIMER

The attention of the leadership of the Nigerian Bar Association (“NBA”) has been drawn to a suspected fake stamp bearing the name of one Mr. Aroyewun Adeleke Sulaimon embossed on a title document in breach of the extant laws regulating the practice of law in Nigeria.

Preliminary investigations reveal that the stamp affixed to the title document was not issued by the Nigerian Bar Association (NBA), neither has the NBA issued any stamp to any Mr. Aroyewun Adeleke Sulaimon.

Consequently, the NBA will make a formal report to the Nigerian Police, in order to unravel the individuals behind these offending acts and to bring them to book.

The NBA reiterates that it will continue to take every step to ensure that the Legal Profession is not brought to disrepute, and will take appropriate steps to close in on fake lawyers and those who produce and/or make use of fake NBA Stamps.

The NBA also appeals to all lawyers to kindly bring to its attention any such infraction(s) in order for the appropriate steps to be taken.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

To join our Telegram platform, please click here 

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Mar 13, 2022
  • 0
  • Comments Off on ASF FRANCE, PARTNERS HOST POLICE/CSO SITUATION ROOM

ASF FRANCE, PARTNERS HOST POLICE/CSO SITUATION ROOM

Avocats Sans Frontières France (Lawyers without Borders France), in collaboration with its partners, the Carmelite Prisoners Interest Organization (CAPIO) and the Nigerian Bar Association (NBA), has hosted the second convening of the Police and Civil Society Organizations (CSOs) Situation Room in Abuja. The event is in accordance with its mission of promoting human rights in Nigeria.

The programme served as a follow-up to the first convening of the situation room established exactly a year ago. The situation room was established under the auspices of the European Union (EU) and the Agence Française de Développement funded “Strengthening the National Actors Capacities and Advocating for an End to Severe Human Rights Violations in Nigeria Project” (SAFE), targeted at addressing issues of torture, ill treatment, extra-judicial killings and arbitrary detention in Nigeria.

In attendance at the second convening of the Police – CSOs situation room were 38 participants representing the Nigeria Police Force Headquarters, key CSOs working on justice sector reform in Nigeria like: Human Rights Watch, Avocats Sans Frontières France, RULAAC, NOPRIN, CAPIO, CIRDDOC, WACOL, EWEI and NACTAL. Relevant government institutions like; the National Human Rights Commission (NHRC), Legal Aid Council of Nigeria (LACON), and the Federal Ministry of Justice (FMOJ) were also in attendance.

The objective of the meeting was to review the level of implementation of the collaboration set up between the Police and CSOs to drive reforms aimed at improving the status of human rights in the country, and accountability within the Police for human rights violation by its officers.

The representative of the European Union, Mr. Clément Boutillier, Head of Governance, Peace and Migration at the EU delegation to Nigeria & ECOWAS reinstated the commitment of EU to the SAFE project and for peace and security in Nigeria saying ‘Peace and Security are at the core of the EU’s partnership with Nigeria. Therefore, the EU is very interested in this situation room and its deliberations, as it creates a platform for CSOs and the Police to share their problems surrounding human rights, and jointly develop recommendations for implementation’. The Country Director of Avocats Sans Frontieres France, Angela Uwandu Uzoma-Iwuchukwu, in one of her contributions said “the police and the CSOs are working for the same cause, which is to promote and protect human rights, thus it is really important for us to continue working together to achieve success. This platform also ensures accountability in the work to improve the level of human rights enjoyment in the country”.

The Head of the Police-Complaints and Response Unit (P-CRU), ACP Markus Ishaku Basiran said at the meeting that the complaints received by the unit went down by 60% because of the twitter ban. The P-CRU explored other tools for receiving complaints from the public, such as phone calls and Instagram. However, they were not as effective as Twitter. With the lifting of the ban, it is anticipated that the complaints and response component of the unit will be reinvigorated.

The deliberations at the second convening of the Police-CSOs meeting produced key recommendations which were adopted for further action. The recommendations include:

Improved sensitization of officers and men of the Nigeria Police Force on human rights standards and the Anti-torture Act (2017) for better implementation.

The need for the Police to also sensitize members of the public on their fundamental human rights and techniques to identify and escalate human rights abuses by police officers and other security agencies.

The need for the P-CRU to establish physical presence in other states of the country for improved access, response and coordination.

The need for the P-CRU to invest in initiatives that widely sensitize the public on its availability and mandates, such as radio campaigns and tours, adverts, and dissemination of other key media visibility materials.

The need for the current police app for reporting crimes and human rights abuse to be tweaked to support other features that improve evidence-based real-time reporting such as live streaming. The app should also be widely publicized for improved usage.

The need for CSOs to prioritize the strengthening of the police force and the P-CRU through fundraising and visibility-based initiatives.

Coalition of CSOs must amplify voices for the demand of accountability in the work of protecting and promoting human rights.

Investigation rooms of the police force needs to be equipped with recent cutting-edge technology that makes influences the officers to rely on international standards of investigation and interrogation.

The mainstreaming of the Anti-torture Act (2017) and human rights principles in the curriculum of the Police Training Colleges.

According to Angela Uwandu Uzoma-Iwuchukwu, Country Director, ASF France Nigeria, “ASF France aims to sustain the impact of the situation room by virtually convening more frequently to monitor and review the implementation of the strategies adopted.”

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Mar 10, 2022
  • 0
  • Comments Off on BRT DEATH: LAWYER CHIDES SANWO-OLU, POLICE, OPERATOR

BRT DEATH: LAWYER CHIDES SANWO-OLU, POLICE, OPERATOR

The lawyer representing the family of Late Bamishe Ayanwola has berated Lagos State Governor, Mr. Babajide Sanwo-Olu for his handling of the demise of the BRT passenger.

In a statement made available to CITY LAWYER, Mr. Ayo Ademiluyi noted that “As we write, the Governor of Lagos State, Mr. Babajide Sanwo-olu has not deemed it fit to pay a condolence visit to the deceased’s family.”

He also stated that while the world was still in shock about her death, “Governor Sanwo-olu was seen dancing at Tafawa Balewa Square in Lagos.

“Despite the death of a young Nigerian woman and the revelation of her unfortunate death on the eve of the International Women’s Day, the wife of the Governor, Mrs. Sanwo-olu was still eager to CELEBRATE (?) the International Women’s Day. Despite protest by a young lady at the occasion in a viral video, it was still CELEBRATION galore (?).”

He decried the treatment meted to the family of the deceased by the Nigeria Police Force, adding that “Despite putting forward the viral video evidence produced by the deceased herself and sent to her friend, the family was shabbily treated by various Police Stations they turned to in Lagos State.”

According to Ademiluyi, a similar treatment was received by the deceased’s family at Lagos Bus Services Limited, the BRT franchisee, adding that “they were not only ignored but a team of combat -ready Mobile Policemen were set upon them.”

Below is a full text of the statement.

10TH MARCH, 2022

GOVERNOR SANWO-OLU DANCING ON THE CORPSE OF LATE BAMISHE AYANWOLA

We remain Counsel to the family of late BAMISHE AYANWOLA, who was found dead after a long search lasting many days when she became missing after sending videos to her friend after boarding a Bus Rapid Transport at Chevron Bus Stop headed for Oshodi Bus Terminus.

UNPROFESSIONALISM OF NIGERIA POLICE FORCE
After all forms of assurances that the Nigeria Police Force has been completely reformed following the iconic #EndSARS mass protests, two years ago in 2020, the ordeal that the family of late BAMISHE AYANWOLA encountered in the hands of different Police Stations in Lagos State confirm that nothing fundamentally has changed.

Despite putting forward the viral video evidence produced by the deceased herself and sent to her friend, the family was shabbily treated by various Police Stations they turned to in Lagos State.

Apart from total absence of forensic investigation facilities in many of these Police Stations, the insensitive attitude of Police officers on duty to the plight of family members of late BAMISHE AYANWOLA portray low morale among rank and file of the Police given poor pay and inexistent working equipment.

LAGOS BUS SERVICES LIMITED, FRANCHISE OPERATOR OF BRT IN LAGOS HAS A CASE OF CORPORATE CRIMINAL LIABILITY TO ANSWER
They experienced their worst treatment at the Corporate Headquarters of the Lagos Bus Services Limited, the franchise operators of the Bus Rapid Transport in Lagos State. Despite putting forward an heart rendering story of their search for the deceased, they were not only ignored but a team of combat -ready Mobile Policemen were set upon them.

It was when the corpse of the deceased was discovered that the Managing Director of Lagos Bus Service Limited began to make frantic calls.

There are innumerous (sic) questions for Lagos State Bus Services Limited but some are:

a. Why was the details of the “Relief Driver” who drove the BRT bus not with LBSL?

b. Why was the particular bus in question kept from public view and plying the roads?

c. Why was it that it was when the corpse of late BAMISHE AYANWOLA discovered that the operations of BRT shut down in Lagos? Is there priority of profits above lives of Lagosians?

We submit that the LAGOS BUS SERVICES LIMITED has a case of CORPORATE LIMITED LIABILITY to answer. We call for immediate arrest of the Managing Director of LBSL within 24 hours by the Nigerian Police Force.

LAGOS STATE GOVERNMENT LOOKS THE OTHER WAY: A CASE OF VICARIOUS LIABILITY
It is saddening that when the family reached out to the Special Adviser on Transport to the Commissioner for Transport of Lagos State Government, the laconic answer that they got was that the Lagos State Government has handed over the operations of Bus Rapid Transport (BRT) to private operators, to wit, the Lagos Bus Services Limited.

As innocent as the answer may seem, it totally begs the question of who is the francishor of Lagos Bus Service Limited. It also begs the question of why the BRT buses ply a specially demarcated lane on both Trunk A and Trunk B Roads in Lagos State.

It was soon to become clearer that his response is a tip of the iceberg of the lackadaisical response of Lagos State Government. As we write, the Governor of Lagos State, Mr. Babajide Sanwo-olu has not deemed it fit to pay a condolence visit to the deceased’s family.

On March 8, 2022, the day after discovering the corpse of late BAMISHE AYANWOLA, while the world was still in shock about her death, Governor Sanwo-olu was seen dancing at Tafawa Balewa Square in Lagos.

Despite the death of a young Nigerian woman and the revelation of her unfortunate death on the eve of the International Women’s Day, the wife of the Governor, Mrs. Sanwo-olu was still eager to CELEBRATE (?) the International Women’s Day. Despite protest by a young lady at the occasion in a viral video, it was still CELEBRATION galore (?)

We are of the view that Lagos State Government’s resort to side comments reflect the disposition of “sitting out” this matter.

IT WOULD NEVER HAPPEN. WE WILL CONTINUE TO DEMAND FOR JUSTICE.

AYO ADEMILUYI ESQ.
Lead Counsel to family of late BAMISHE AYANWOLA and Lead Partner, Newworth LLP

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jan 09, 2022
  • 0
  • Comments Off on #ENDSARS: ‘WE’RE CONCERNED ABOUT SARS, MILITARIZATION OF POLICING,’ – UN C’TE

#ENDSARS: ‘WE’RE CONCERNED ABOUT SARS, MILITARIZATION OF POLICING,’ – UN C’TE

The United Nations Committee against Torture (UN-CAT) is worried by “militarization of policing activities” by Nigeria through joint operations, saying this was reported during the #ENDSARS protest at Lekki on October 20, 2020 and the lockdown imposed to contain the spread of the COVID-19 pandemic.

The Committee also stated that it is “deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force,” even as it also expressed concern at “reports on the continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

In its latest report on torture in Nigeria, UN-CAT commended “ongoing efforts to reform the police, the enactment of the Police Act and the revision of the Police Force Order 237 incorporating international standards,” but stated that it is concerned at reports of excessive use of force, “including lethal force by shooting leading to extrajudicial killings, during arrests or policing the demonstrations.”

It noted that the “growing militarization of policing activities” led to 38 complaints of extrajudicial killings recorded by the National Human Rights Commission, or other demonstrations having been held in south-eastern states, adding that “The Committee is deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force.”

While noting Nigeria’s commissioning of the National Human Rights Commission to conduct investigations, establishing judicial panels of inquiries at federal and states level, and the disbandment of SARS, the Committee “observes that the judicial panels received reportedly 2,500 complaints on torture and ill-treatment, arbitrary arrests and detentions, and extrajudicial killings, but remains concerned that no reports on investigations have been made public, accompanied by the lack of accountability.”

It noted that some of the panels reportedly stopped sitting due to lack of funding, adding that the “Committee is also concerned at: the use of 2014 legislation by the police against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons to legitimize arbitrary arrest and detention, among others; at reports of arbitrary detention without criminal charge or conviction and ill-treatment of persons with intellectual and psychosocial disabilities in public institutions and private settings, including religious and traditional healing centres; and, ill-treatment inflicted on drug users particularly by members of National Drug Law Enforcement Agency and in the drug rehabilitation facilities (arts. 1, 2, 11-14 and 16).”

The Committee urged the Federal Government to “Ensure that law enforcement and security forces personnel continue to receive training on the absolute prohibition of torture and on the use of force, including the Police Force Order 237, taking into account the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;

“Make the findings of the established judicial panels of inquiries public and immediately investigate allegations of abuses committed by police, SARS officers, and security forces employed in the policing activities, by an independent body and provide disaggregated information on prosecutions, full redress of victims, and resources allocated for that purpose;

“Stop and investigate arbitrary detentions and assaults against persons with disabilities, drug users or LGBTI persons and investigate those incidents, prosecute alleged perpetrators and provide effective remedies to the victims.”

Turning to inadmissibility of confessions obtained under torture, the UN-CAT welcomed legislation prohibiting the admission of confessions obtained under torture (the Anti-Torture Act, the Evidence Act, and the Administration of Criminal Justice Act). It however expressed concern at reports on the “continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

It noted that “Despite the existing legal safeguards, including recording of confessions” or possibility to complain about duress before a judge, “numerous reports highlight that coerced confessions are accepted in practice contrary to the law. The Committee regrets that no solid information has been provided by the State party about the application of these legal safeguards by judges in practice (arts. 2, 10 and 15).”

The Committee urged the Federal Government to “Adopt effective measures to ensure that confessions, statements and other evidence obtained through torture or ill-treatment are not admitted in evidence in practice, except against persons accused of committing torture, as evidence that the statement was made under duress, and that prosecutors and judges ask all defendants in criminal cases whether they were tortured or ill-treated, that all allegations of torture and ill-treatment raised in judicial proceedings in the State party are promptly and effectively investigated and alleged perpetrators prosecuted and punished; Provide information on cases, where this has been applied.”

According to the Committee, the Federal Government should “Ensure that all police officers, national security officers and military, judges and public prosecutors receive mandatory training emphasizing the link between non-coercive interrogation techniques, the prohibition of torture and ill-treatment and the obligation of the judiciary to invalidate confessions made under torture.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

 

  • EDITOR'S CHOICE
  • Dec 22, 2021
  • 0
  • Comments Off on COURT RESERVES JUDGMENT, AS GADZAMA ARGUES NBA’S CASE AGAINST POLICE

COURT RESERVES JUDGMENT, AS GADZAMA ARGUES NBA’S CASE AGAINST POLICE

The Federal High Court sitting in Abuja has reserved judgment in the matter on unlawful dismissal brought against the Attorney General of the Federation, the Nigerian Police Force and the Police Service Commission (PSC) by the Nigerian Bar Association (NBA). After a series of proceedings, the court has slated judgment for February 21, 2022.

It is recalled that one Omotola Olajide was on 26th January, 2021 dismissed from the Nigerian Police Force for being pregnant while unmarried.

The Chairman, Nigerian Bar Association (NBA) Security Agencies Intervention Committee, Chief Joe-Kyari Gadzama SAN had volunteered to represent NBA in the strategic litigation to press for respect for the fundamental rights of the dismissed officer.

Gadzama, who is also the pioneer Chairman of the Nigerian Bar Association Section on Public Interest Litigation Committee, volunteered to take up the matter “to champion the cause of not only Omotola Olajide but all unmarried women in service against the discriminatory practices which infringed on their rights.”

Meanwhile, the law firm of J-K Gadzama LLP has held its End of the Year Party and 7th Christmas Carol to draw the curtains on the year. The event was an opportunity for the staff, family, friends and well-wishers of the firm to express their gratitude to God for a successful year.

Held on Monday, December 20, 2021, the firm’s Founding Partner, Gadzama welcomed guests to the occasion and wished them an amazing time. Also speaking, Mr. Mela Audu Nunghe, SAN noted that “this tradition is very dear to Chief Joe-Kyari Gadzama, SAN as the Learned Silk is always on the look-out for an opportunity to appreciate God and his employees.”

Miss Sarah Atumga and Mr. Lamar Joe-Gadzama, both Associates at the firm, made a recap of the joyous moments and successes the firm recorded during the year, noting that Gadzama “is fixated on capacity building and in line with this, he sponsored all counsel in chambers to the recently concluded Annual General Conference of the Nigerian Bar Association which held in Port Harcourt, Rivers State.”

As a performance-driven firm targeted towards rewarding talent and distinction, the event also witnessed presentation of awards to members of staff who had excelled in different areas throughout the year. The awards cut across various categories including Longest Serving Support Staff, Best Tennis Player (Male and Female Categories), Longest Serving Counsel in Chambers.

The chairman of the occasion, Justice Emmanuel Agim of the Supreme Court of Nigeria, in his brief remarks urged the Bar and Bench to step up to their duty of ensuring the independence of the Judiciary. Fade Sax serenaded the guests with melodious rendition of Christmas hymns. The event came to an end with a vote of thanks by Mr. Madu Joe-Gadzama, a Senior Partner in the firm.

Other guests were Prof. Oluyole Akintayo, National President of Christian Lawyers’ Fellowship of Nigeria (CLASFON); Rev. Caleb S. Dakwak, Resident Pastor of the Church of the Brethren (EYN Church) Utako, Abuja; Justice Anwuli Chikere who was represented by Mrs. Amaruche Onyedum Anya; Prof. Paul Idornigie, SAN; Mr. and Mrs. Karagama; Mr. Keffas Gadzama, members of the Unity Bar and other friends of the firm.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Feb 17, 2021
  • 0
  • Comments Off on #OccupyLekkiTollGate: DICTATORSHIP, ETHNIC TENSION AND WAY FORWARD

#OccupyLekkiTollGate: DICTATORSHIP, ETHNIC TENSION AND WAY FORWARD

Being text of speech at the Press Conference held at the Press Gallery of the Lagos Court of Arbitration, 2A, Remi Olowude Street, Oniru, Off Maruwa Bus Stop, Lekki, Lagos State by 1 PM on Tuesday, 16th February, 2021.

Great ladies and gentlemen of the Press , it is a pleasure to welcome you to this import ant Press Conference as examine the state of our dear country and draw the way forward. The events of the past 90 hours has taken our nation to the brink.

REPRESSION OF 13TH FEBRUARY, 2021 IS A COMPLETE DESCENT TO DICTATORSHIP

We want to state categorically that the heavy repression of the 13th February, 2021 #OccupyLekkiTollGates Protests is the complete descension of our dear country into dictatorship as we are shocked as a Forum of lawyers how a line up of Ministers of Information and Defence of the Federal Government of Nigeria in a synchronized teamwork with the Governor of Lagos State , Attorney General of Lagos State and Commissioner of Police brought heavy force down on peaceful protesters .

We are forced to question the preparedness of our political elite to continue to sustain democratic rights and rule of law. We are quick to ask whether the political elite are inadvertently not requesting for a return to military authoritarianism.

THE MIND-NUMBING LINK BETWEEN DICTATORSHIP AND ETHNIC TENSIONS

We are also pained by the ethnic tensions that are blowing out across the country. Of note is the ugly events of ethnic skirmishes in major parts of Oyo State , where clashes broke out between traders of Hausa and Yoruba ethnic extraction.

We recall that prior to tensions reaching this heightened and ugly levels, there is an escalation of ethnic vitroil. These ethnic vitroil was not checkmated by either the Federal Government or the State Governments of affected states such as Ondo and Ogun States( for instance in Oja Odan in Ogun State where there are similar skirmishes)
leaving the field wide open for ethnic conflagration.

Instead of combating the tiresome and truculent issues of insecurity, peaceful and unarmed protesters were the ones that has been the target of deployment of heavy state apparatuses by the Government at all levels.

WE WILL MOBILISE AGAINST EFFORTS TO DERAIL DEMOCRATIC RULE

We hereby give notice that as a Forum of legal practitioners and defenders of democracy, we will mobilise against any effort by any section of the political elite , either by conduct or by statements return the country to military rule or fan the embers of ethnic conflagration.

OLADOTUN HASSAN
Chairman, Eti-Osa Bar Forum

AYO ADEMILUYI
Secretary, Eti-Osa Bar Forum

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. 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.

  • EDITOR'S CHOICE
  • Jul 10, 2020
  • 0
  • Comments Off on COVID-19: LAGOS CJ, FALANA, ODINKALU, ADEGBORUWA, OJUKWU, OTHERS TO X-RAY HUMAN RIGHTS VIOLATIONS

COVID-19: LAGOS CJ, FALANA, ODINKALU, ADEGBORUWA, OJUKWU, OTHERS TO X-RAY HUMAN RIGHTS VIOLATIONS

Leading human rights activists will on Monday dissect the impact of the Coronavirus pandemic on Nigeria’s human rights landscape.

Organized by the Human Rights Committee of Nigerian Bar Association (NBA), Lagos Branch, the virtual conference will especially spotlight human rights violations in the wake of efforts to contain the coronavirus pandemic while framing the roadmap for human rights protection in the COVID-19 era. The theme of the conference is “COVID-19, Access to Justice and Human Rights Violations.” Time is 3 pm.

Among the lawyers and jurists who have confirmed their participation as speakers are the Lagos State Chief Judge, Justice Kazeem Alogba; Lagos State Attorney-General & Commissioner for Justice, Mr. Moyosore Onigbanjo SAN; Mr. Femi Falana SAN who will deliver a Keynote Address; Prof. Chidi Odinkalu who will speak on “COVID-19, Access to Justice and Human Rights Violations: The Role of Nigerian Bar Association,” and the Chairman of National Human Rights Commission (NHRC), Mr. Tony Ojukwu, who will speak on “COVID-19 and Human Rights Violations: Insights from the Field.”

Other confirmed speakers are Mr. Ebun-Olu Adegboruwa SAN who will x-ray the topic, “How Fair is Virtual Hearing in the COVID-19 era?” and Dr. Uju Agomoh, Executive Director, Prisoners Rehabilitation and Welfare Action (PRAWA) who will tackle the topic, “Coronavirus, Correctional Centres and Rights of Awaiting Trial Inmates.” Renowned legal aid defence expert, Mr. Chino Obiagwu SAN will discuss “Coronavirus and Challenge of Legal Defence” while Mr. Muhammad Belgore SAN will contend with “Litigating Human Rights Cases in the COVID-19 Era.”

The Lagos State Commissioner of Police, Mr. Hakeem Odumosu is expected to offer useful insights on the task of policing in the COVID-19 era as he discusses “Policing in the COVID -19 Era: Challenges and Prospects.”

The Host for the much anticipated virtual conference is NBA Lagos Branch Chairman, Mr. Yemi Akangbe while the Moderator is the Branch Vice Chairman & Chairman of the Human Rights Committee, Mr. Okey Ilofulunwa.

Facilitated by Messrs Olumide Babalola and Emeka Nwadioke, participants are expected to register for the virtual conference at https://us02web.zoom.us/webinar/register/WN_3RikvKB9SzGF-7fWpfdcYg or www.shorturl.at/fgo46.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag 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.

CROSS RIVER: WHERE IS AGBA JALINGO? ASKS UBANI

In this piece, former Nigerian Bar Association (NBA) 2nd Vice President, Mr. Monday Ubani expresses worry over the alleged illegal arrest of Agba Jalingo

I have just been informed by Mrs Agba Jalingo that the Nigerian Police from Cross River State have arrested her husband, Mr Agba Jalingo for reasons that are not clear. Recall that Jalingo has been having a running battle with his State Governor, His Excellency Mr Ben Ayade. This stems from his criticisms of his inept leadership in Cross Rivers State, an act considered sacrilegious by the governor and his bootlickers.

The Commissioner of Police in Cross Rivers State is clearly on the side of the governor as he has not hidden his subservience to the governor and his desires which includes the arrest and public humiliation of Mr Agba Jalingo. This arrest may not be unconnected with that desire.

The surprise element in all this is that the same Police have invited him to come on the 26th August, next Monday and he has promised to honour their invitation. One is at a loss why the arrest on 22nd August, four days earlier than the day of the invitation.

I just hope that this arrest is not from Cross River State Governor as this will be clearly illegal and condemnable. Nigerians will survive this season of intimidation and harassment. Right Activists, Human Rights lawyers and Civil Society should condemn this. We are not under military regime for God’s sake!

Please send emails to citylawyermag@gmail.com. Copyright 2018 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

PROTEST RESTRICTION: ACCESS TO JUSTICE CARPETS POLICE

*Says restriction is ‘unconstitutional’

Leading human rights group, Access to Justice (A2J) has berated the Nigeria Police for restricting protests to the Unity Fountain, Abuja.

Describing the restriction as “unconstitutional,” A2J said it “amounts to an unwarranted interference with, and infringement of the fundamental rights of citizens to assemble peacefully and to express themselves as enshrined in Sections 40 and 41 of the Constitution and Article 7 of the African Charter of Human and Peoples’ Rights.”

In a statement made available to CITY LAWYER, A2J said such restriction “has been ruled unlawful and unconstitutional by a decision of the Court of Appeal in Inspector General of Police v. All Nigeria Peoples Party and 11 others (2007) where the court held that the procurement of a police permit before a protest could hold was inconsistent with the provisions of the 1999 Constitution and therefore an illegality.”

Below is the full text of the statement.

RESTRICTION OF CIVIL PROTESTS IN FCT ABUJA TO SPECIFIC SITE BY THE NIGERIAN POLICE IS UNCONSTITUTIONAL AND INFRINGES ON RIGHT TO ASSEMBLY, MOVEMENT AND EXPRESSION

On July 17th 2018, the Nigeria Police announced the restriction of protests in the Federal Capital Territory to the Unity Fountain, Central Business District, Abuja. The Police force said the restrictions were informed by the need to avert an occurrence of incidences similar to those which trailed the protests of October 30th 2018. It would be recalled that on October 30th 2018, officers of the Nigerian Army encountered and opened fire on a procession organized by members of the Islamic Movement of Nigeria (IMN) to protest the unlawful (and protracted) incarceration of their leader, Sheik Ibrahim El-Zakzaky, by the Nigerian Government as well as the killing of several members of the sect by officers of the Nigerian Army on October 27th 2018.

The Police Force said it was aware of the fundamental rights of Nigerian citizens to peaceful assembly and movement as enshrined in Chapter 4 of the 1999 Constitution and the African Charter on Human and People’s Rights but however said that that these rights could be restricted or limited on grounds specified in the constitution.

The decision of the Police Force to restrict protesters from venues other than the Unity Fountain amounts to an unwarranted interference with, and infringement of the fundamental rights of citizens to assemble peacefully and to express themselves as enshrined in Sections 40 and 41 of the Constitution and Article 7 of the African Charter of Human and Peoples’ Rights. Police restrictions on this right by specifying conditions of its exercise has been ruled unlawful and unconstitutional by a decision of the Court of Appeal in Inspector General of Police v. All Nigeria Peoples Party and 11 others (2007) where the court held that the procurement of a police permit before a protest could hold was inconsistent with the provisions of the 1999 Constitution and therefore an illegality.

The reference by the Police to the need to avert the re-occurrence of the experience of the “protests of October” 2018 involving members of the Islamic Movement of Nigeria (IMN) is fear-mongering rattle, and a clearly unjustifiable blackmail to crackdown on politically unpopular assemblies. The shooting and killing of unarmed Shiite members by operatives of the Nigerian Army is a brutal testament of the military’s lawlessness, but it was not the exercise of the right of peaceful protest that caused it. It was simply caused by the rash, violent and repressive reaction of the military, under-pinned by the culture of impunity rooted in its psyche.

Nigeria expects its police force to act with responsibility, accountability and respect for democratic rights and not to follow in the footsteps of, or replicate the impunity characteristic of Nigeria’s military forces. In fact, had the police exercised its responsibilities diligently, it would have avoided the October 2018 calamities. Had it asserted its rights to manage the protests of October 2018, the military would not have inserted themselves into the course of those catastrophic events, since the management of civil protests is essentially the responsibility of a civilian police. Allowing the military to supplant it and take over its functions in controlling the exercise of a democratic right of civil dissent represents a massive failure on the part of the police force. Furthermore, the police force has grievously failed in the duty to bring the soldiers who horrendously killed unarmed protesters during the October 2018 protests to account, but have rather moved quickly to charge to court, again, IMN protesters over their recent protests a few days ago at the premises of the National Assembly.

By restricting the movements of protesters on the grounds it claims, the Nigerian Police fails to objectively assess and address the chain of events and factors which turn peaceful protests into violent actions; the police’ new policies stigmatize protesters rather than challenge and confront those who authorize inflammatory and brutal actions that escalate tensions during a civil protest, mismanage protest situations and kill scores of unarmed protesters.

The right to protest or assemble cannot be reduced to the right to assemble at only a specific place or time. The right is an aspect of political participation recognized by human rights treaties, and accommodates the freedom to assemble or protest in public spaces, accessible by members of the public. If law enforcement authorities are allowed the right to stipulate places where protests can be held, they would likely do so in a manner that effectively takes away the right, or denude it of meaningful content. The new policy limiting the place where protests can hold to only one place is just as unconstitutional as requiring a police permit before a protest can hold. While fundamental rights can be restricted on established grounds, only a legislation can establish the scope of the restriction, and courts must be satisfied that the purposes of such legislation are rationally related to the restriction. The Nigeria Police Force has not identified a law that authorizes it to limit the places where protests can hold. And it does not have legislative powers to make powers in that respect.

Consequently, Access to Justice calls on the Inspector General of Police to:
a. Immediately reverse the decision restricting public protests by persons or groups to the Unity Fountain, Abuja.
b. Order an immediate investigation into the October 30th 2018 killing of IMN protesters and bring to justice all persons who arbitrarily shot and killed scores of protesters and other civilians during the clashes.
c. Establish more constitutional guidelines for managing public protests that do not interfere with the free exercise of the right to peaceful assembly, movement and expression and instate safeguards to avoid the breakdown of law and order during future protests.
Joseph Otteh Daniel A. Igiekhumhe
Convener Programme Officer

Please send emails to citylawyermag@gmail.com. Copyright 2018 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.


XMAS: NBA WADES INTO CASE OF DETAINED LAWYERS

The Nigerian Bar Association (NBA) is set to wade into the case of two Lagos lawyers being detained at the Ikoyi Police Station, Lagos in connection with their clients. Continue Reading

TWO LAWYERS TO SPEND XMAS AT IKOYI POLICE STATION

Two Lagos lawyers are currently having a bleak Christmas celebration, having been detained by the Nigeria Police at their station in Ikoyi, CITY LAWYER can authoritatively report. Continue Reading

MISSING CORPSE: FAMILY DISAGREES WITH POLICE

The family of Late Mrs. Mary Ehinlaiye (nee Lawani) has disagreed sharply with Lagos State Police Commissioner Edgal Imohimi on the circumstances surrounding the corpse of the deceased. Continue Reading