REPORT

MAIKYAU WINS, AS NBA APPEALS C’TE WINDS UP, SUBMITS REPORT

The last hurdle on the path of Nigerian Bar Association President-elect, Mr. Yakubu Maikyau SAN being sworn-in as the next NBA President has been cleared, with the winding up of the appeals process.

CITY LAWYER recalls that Chief Joe-Kyari Gadzama SAN, who was declared runner-up in the elections, had queried the outcome of the election, though he vowed not to file any petition unless the NBA National Appeals Committee (NBA-NEAC) was ratified by the NBA National Executive Council before commencing its work and an audit of the election conducted.

But an unimpeachable source at NBA House told CITY LAWYER that the Appeals Committee has wound up its activities, adding that “The committee has submitted its report.” This has foreclosed the filing of any appeal on the election.

It is recalled that NBA President, Mr. Olumide Akpata had during the week dissolved all Standing Committees, leaving only the Electoral Committee of the NBA (ECNBA) and the Technical Committee on Conference Planning (TCCP) which is spearheading the forthcoming NBA Annual General Conference (AGC).

While members of the first NBA-NEAC LED BY Mrs. Funmi Roberts had resigned en masse following allegations of bias by the Gadzama Campaign Team against some of its members, another committee was quickly constituted to deal with any petitions arising from the 2022 NBA Elections.

Led by former Attorney-General & Minister of Justice, Chief Kanu Agabi SAN, the committee comprised of former NBA President and Board of Trustees Chairman, Dr. Olisa Agbakoba SAN; Cecilia Madueke (Secretary); Mr. Olumide Babalola (Counsel) and Mr. Rotimi Ogunyemi (Resident IT Expert).

The committee had on August 5, 2022 issued guidelines for filing of petitions, pegging the deadline at 7 days. The appeal window lapsed on August 12, 2022. There are strong indications that the committee did not receive any appeal on the election.

CITY LAWYER reliably gathered that the NBA leadership will present the committee and its report to the NBA-NEC for ratification.

Maikyau was declared winner of the NBA presidential election with 22,342 votes while Gadzama polled 10,842 to become runner-up. Immediate past NBA General Secretary, Mr. Jonathan Taidi garnered 1380 votes to place third.

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‘I HAVE NOTHING TO DO WITH BENCHERS’ BUILDING PROJECT,’ SAYS NJC SCRIBE

The Secretary of the National Judicial Council (NJC), Mr. Ahmed Gambo Saleh has told CITY LAWYER that he has no connection whatsoever with the building of the recently commissioned national headquarters of the Body of Benchers (BoB).

CITY LAWYER had reported that a three-man panel was set up by the Body of Benchers to probe the allegation by former Court of Appeal President and Member of the BoB Building Committee, Hon. Justice Umaru Abdullahi concerning payment of N800 million to Boygues (now BGL Nigeria Limited) without following due process.

In a telephone conversation with CITY LAWYER, Saleh stated that he was not under any probe, adding that “I have absolutely nothing to do with the (Body of Benchers) project.”

Saleh stated that the NJC only made disbursement to the Body of Benchers in line with its approved budget by the National Assembly, adding that while the project was initially billed to cost N13 billion, it was pruned down through due diligence.

He noted that every court and judicial body prepares and defends its budget at the National Assembly, adding that “the project had its own personnel. I do not disburse money on projects. I am not a part of the project. I did not administer the project. I only disburse funds to courts and judicial bodies based on budgets approved by the National Assembly.”

In a veiled confirmation of the probe, Saleh told CITY LAWYER that a report on the investigation had been submitted to the Body of Benchers in plenary, adding that he was not indicted by the report.

He said that his travails were being orchestrated by a “sponsor.” He warned CITY LAWYER to either retract the report and apologise “or I will report you to LPDC or EFCC.” The apparently angry NJC scribe also said that he would not hesitate to explore a legal action in the matter.

Though the Secretary of Body of Benchers, Mr. Daniel Manasseh Tela said that he would get back to CITY LAWYER “with the facts” of the matter, a source who was at the BoB meeting told CITY LAWYER that the probe report generated serious controversy during deliberation in plenary, “especially as it related to conflict of interest regarding a member of the probe panel.”

CITY LAWYER gathered that the report determined that there was no case of culpability against any official, and was eventually adopted by the general meeting.

CITY LAWYER had reported that the Body of Benchers had on February 24, 2022 set up an investigative committee headed by Senator Mike Ajegbo SAN to investigate the disbursement of the N800 million. Other members of the probe panel are former Chief Judge of FCT High Court and current Chairman of the Legal Practitioners Disciplinary Committee (LPDC), Justice Ishaq Bello and Mr. Adeniji Kazeem SAN.

Saleh joined the Supreme Court in 2008 as a Special Assistant to the Chief Justice of Nigeria. Between 2010 and 2014, he was the Deputy Chief Registrar (Litigation Department). He was elevated to the position of Chief Registrar in 2014, until July 1, 2017 when he was appointed Secretary of the National Judicial Council.

He was recently accused of involvement in a N10 billion “bribe and federal racketeering” allegedly being investigated by the Economic and Financial Crimes Commission (EFCC). The report was promptly dismissed by NJC spokesman, Mr. Soji Oye who stated that the allegation was aimed to “smear the good image of Ahmed Gambo Saleh at all cost.”

According to Oye, “It is imperative for the members of the public to be aware that before his emergence as the secretary of the NJC, some forces who tried to scuttle his appointment as the secretary of the council have re-emerged with antics aimed at tarnishing his image and bringing his good name to disrepute.”

He said that “It is on record that these forces, in a bid to stop his emergence as the NJC Secretary after the interview to consider his appointment, came up with false allegations in the media alleging that he had diverted N2.2 billion from the Supreme Court from 2009 to 2016 on the day the council meeting was to hold.”

The NJC also dismissed the charges filed against Saleh by the Federal Government in November 2016, saying the case was withdrawn by the Attorney-General of the Federation because “the charges could not be substantiated”. It added that “It should be noted that there has never been a time when Mr. Saleh admitted committing any crime before anybody or law court.”

The NJC stated that “The sponsors of these malicious allegations believe they own the Judiciary and nobody can become anything within the Judiciary without their approval.

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EXCLUSIVE: BENCHERS PROBE NJC SCRIBE OVER N800M PAYMENT

The Body of Benchers (BoB) has set up a three-member committee to investigate the payment of about N800 million to a contractor by the Secretary of the National Judicial Council (NJC), Mr. Ahmed Gambo Saleh, CITY LAWYER can authoritatively report.

Impeccable sources told CITY LAWYER that the probe was as a result of an “alarm” raised by former Court of Appeal President and Member of the BoB Building Committee, Hon. Justice Umaru Abdullahi concerning payment of the money to the contractor “without following due process.”

One of the sources told CITY LAWYER that the former Court of Appeal helmsman has a “prominent role in monitoring and payments.” The Building Committee is chaired by Mrs. Hairat Balogun, unanimously elected the first female Chairman of the Body of Benchers in 1998.

Appointed on February 24, 2022, the investigative panel is headed by Senator Mike Ajegbo SAN. Other members are former Chief Judge of FCT High Court and current Chairman of the Legal Practitioners Disciplinary Committee (LPDC), Justice Ishaq Bello and Mr. Adeniji Kazeem SAN.

The payment was made in respect of the Body of Benchers building which was funded by the NJC, with Saleh as the “Accounting Officer,” said the source.

CITY LAWYER gathered that a crisis of confidence may also be rocking the committee as a member of the investigative panel is alleged to be a Director in the beneficiary company.

There are strong indications that the committee’s report will be presented by the committee at the next meeting of the Body of Benchers scheduled for September 29, 2022.

CITY LAWYER was unable to reach the former Supreme Court Chief Registrar for comments, as repeated calls to his verified telephone number returned the message that the telephone was “switched off.” A text message to the telephone number did not receive any response at press time.

Saleh joined the Supreme Court in 2008 as a Special Assistant to the Chief Justice of Nigeria. Between 2010 and 2014, he was the Deputy Chief Registrar (Litigation Department). He was elevated to the position of Chief Registrar in 2014, until July 1, 2017 when he was appointed Secretary of the National Judicial Council.

He was recently accused of involvement in a N10 billion “bribe and federal racketeering” allegedly being investigated by the Economic and Financial Crimes Commission (EFCC). The report was however promptly dismissed by NJC spokesman, Mr. Soji Oye who stated that the allegation was aimed to “smear the good image of Ahmed Gambo Saleh at all cost.”

According to Oye, “It is imperative for the members of the public to be aware that before his emergence as the secretary of the NJC, some forces who tried to scuttle his appointment as the secretary of the council have re-emerged with antics aimed at tarnishing his image and bringing his good name to disrepute.”

He said that “It is on record that these forces, in a bid to stop his emergence as the NJC Secretary after the interview to consider his appointment, came up with false allegations in the media alleging that he had diverted N2.2 billion from the Supreme Court from 2009 to 2016 on the day the council meeting was to hold.”

The NJC also dismissed the charges filed against Saleh by the Federal Government in November 2016, saying the case was withdrawn by the Attorney-General of the Federation because “the charges could not be substantiated”. It added that “It should be noted that there has never been a time when Mr. Saleh admitted committing any crime before anybody or law court.”

The NJC stated that “The sponsors of these malicious allegations believe they own the Judiciary and nobody can become anything within the Judiciary without their approval.

“It is important to reiterate that there is no iota of credibility in the petition as they are not after the truth but are out to smear the good image of Ahmed Gambo Saleh at all cost.”

CITY LAWYER recalls that the Attorney-General and Minister of Justice, Mr. Abubakar Malami (SAN) had, while speaking at a recent Nigerian Bar Association (NBA) Justice Sector Summit in Abuja, taken a swipe at the Judiciary for lack of transparency and accountability, asking why the N104 billion provided for the Judiciary in the 2021 Budget was insufficient. He stated that the Executive was not in a position to answer “because their (judiciary’s) books are not open.”

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‘WE WILL ISSUE CODE ON LAWYER SAFETY SOON,’ GADZAMA TELLS NBA-NEC

FEATURED

ENCOMIUMS AS THE JOE-KYARI GADZAMA-LED NBA-SARC PRESENTS ITS REPORT TO NBA-NEC, MAKES BOLD RECOMMENDATIONS FOR IMPROVED SAFETY OF LAWYERS

At the Nigerian Bar Association – National Executive Council (NEC) meeting, held at Ilorin on Thursday, June 9, 2022, the chairman of the NBA- Security Agencies Relations Committee (NBA-SARC), Joe-Kyari Gadzama SAN, presented the report of the NBA- SARC, highlighting the streak of successes, strives, strides and achievements of the NBA-SARC, in less than 6 months of its inauguration, stating that within the period of six months of the inauguration of the NBA-SARC, the Committee has successfully intervened in over 15 cases involving legal practitioners and security agencies across the country.

Chief Gadzama stated further that apart from the NBA-SARC’s interventions, it has also organised a Townhall Sensitization Webinar where it created awareness of its mandates. On Saturday, February 19, 2022, the NBA-SARC also organized a roundtable discussion with executives of the NBA branches and thereafter followed up with a virtual townhall sensitization for young lawyers, this is to create a consciousness of its mandate and also to discuss issues bothering on safety and welfare of legal practitioners.

The NBA-SARC has also participated in the CLEEN Foundation Methodology Workshop ahead of the Police Reform Audit in Nigeria, an event which was held on May 18, 2022, at the NBA-Secretariat, among a host of other events participated in, aim at championing improved welfare for the Nigerian Lawyers.

Speaking passionately, Chief Joe-Kyari Gadzama said there was a lot more to do as he itemized the several upcoming programs of the NBA-SARC. He noted that the NBA-SARC has also lined up a series of other hybrid programs, physical and online, directed at the sensitization of both personnel of security agencies and legal practitioners, viz Webinars, Workshops, Courtesy Visits, et al. tailored, ultimately, for an improved efficient and cordial relations with security agencies across the country, focally including the Nigerian Police Force.

In the NBA-SARC’s report as presented by Chief Joe-Kyari Gadzama, SAN, the following far-reaching recommendations for the improved safety of the Nigerian lawyers were made:

1. Subcommittees of the NBA-SARC at each of the 125 branches of the NBA: That in line with the mandates of the NBA-SARC to work with the various branches of the NBA to achieve, at the branch level, its objectives, there is plan to raise subcommittees of the NBA-SARC at each of the 125 branches of the NBA, comprised of 5 to 15 members of the Young Lawyers’ Forum (YLF), to be headed by the Chairmen of the YLF of each branch, and the National Chairman of the NBA YLF, to be co-opted to our Committee.

Chief Gadzama explained that this will provide a prompt complaint platform, more easily accessible to members of the NBA, at the various branch level. This will also help in the collation of harassment cases and intimidation against lawyers by security agencies, and importantly, the urgency with which they are dealt with. It is also worthy of note that the YLF provides an arsenal that can be empowered by the NBA to help in the fight against human rights abuses, thereby promoting public interest lawyering.

2. Wider membership of NBA-SARC to include Representatives of the Law Enforcement Agencies: The NBA-SARC Chairman explained that the importance of having all hands on deck for the NBA-SARC and the NBA to consistently take the lead in the safety and welfare of all legal practitioners across the country. That there was a dire need for a broadened membership of the NBA-SARC to include representatives of the Law Enforcement Agencies who are Legal Officers that are part and parcel of the NBA as qualified legal practitioners within the public sector. This will further foster a harmonious relationship with these respective law enforcement agencies.

3. Preparation of a Code of Engagement for Lawyers in their Relations with Law Enforcement Agencies: Chief Gadzama explained that one of the mandates of the NBA-SARC is to “develop and promote proper protocols for engagement with security agencies by lawyers, in the course of carrying out their professional duties”. That the Committee has noted the need for a code that provides guidelines and/or protocols to aid lawyers in proper engagement with security agencies in the course of carrying out professional duties.

4. Need for the NBA-SARC to be a Standing Committee: The NBA-SARC Chairman explained that the NBA-SARC presently liaises with these security agencies with a view to stemming the ugly trend of harassment of legal practitioners and engendering a harmonious and mutually beneficial working relationship between members of the NBA and members of the various Security Agencies. This, Chief Gadzama, explained as an ongoing process and bridges of trust and mutual respect are presently being built. That as with bridges, it takes consistency, hard work planning and strategy to build. If the present drive to ensure the welfare and safety of legal practitioners is to be further entrenched and strengthened, that there is an urgent need to make the NBA-SARC a Standing Committee of the NBA so that there is continuity in the works of the Committee, so that the efforts made so far, do not go down the drain and that the momentum set by this Akpata-led administration is sustained.

5. The Need for Yearly Workshop or Town Hall meeting with Law Enforcement Agencies: The successes recorded at the 1st Hybrid Townhall Meeting of the NBA-SARC held on the 5th day of April, 2022, at the Auditorium of the NBA National Secretariat, Abuja should be sustained. Chief Joe-Kyari Gadzama explained that the floodgate of feedback at the said maiden Hybrid Meeting, jointly emphasize the need for frequent liaisons and/or interaction between the Bar and the security agencies and that there was a need for more of such meetings to foster a cordial relationship between the NBA and security agencies across Nigeria. The Gadzama-led Committee has therefore reiterated the need for a yearly workshop and/or Town-hall meeting with law enforcement agencies across the country.

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  • EDITOR'S CHOICE
  • Mar 30, 2022
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  • Comments Off on BOMA ALABI, ANOTHER LPDC MEMBER RESIGNS

BOMA ALABI, ANOTHER LPDC MEMBER RESIGNS

Another member of the troubled Legal Practitioners Disciplinary Committee (LPDC) has resigned, CITY LAWYER can authoritatively report.

In a resignation letter obtained by CITY LAWYER and dated March 29, 2022, Boma Ayomide Alabi SAN stated that she has resigned from the LPDC “effective immediately.”

Alabi said that she was “utterly dismayed” by the outcome of the November 22, 2021 meeting of the Body of Benchers where the body directed that the LPDC “suspends sitting” while a petition to the body was being “investigated.”

Saying that she awaited the outcome of the investigation initiated by the Body of Benchers, Alabi noted that a report was circulated at the last meeting of the body titled, “Report of the meeting of the Elders Committee held on the 25th of January 2022.”

Her words: “After some debate, the recommendations contained therein appear to have been adopted in totality, much to my consternation.”

She noted that the report recommended that “The matter before the LPDC should be terminated on the ground that no prima facie case has been made. If the complainant feels strongly about his claims, he should go to a formal court and pursue him (sic) claims.”

The former LPDC member stated that she “made enquiries with the LPDC Registry and confirmed that the Elders Committee did not request the case file in question from the Registry, neither did the Secretariat of this august Body.” Querying the mode of investigation done by the Body of Benchers, Alabi said: “It begs the question – does this mean that the Elders Committee, acting in an overtly appellate capacity in reviewing and rejecting the finding of a prima facie case by the LPDC, as set out in paragraph 5.3 of their report and quoted above, did so, without the benefit of a review of the casefile?”

Noting that the Elders Committee may have held that Section 12(7) of the Legal Practitioners Act (LPA) did not apply to the case it investigated, Alabi said: “I humbly and respectfully beg to dissent from the wisdom of the Elders on this occasion. Section 12(7) of the LPA provides, quite unambiguously, that appeals in respect of decisions of the LPDC can only be entertained by the Supreme Court.”

Alabi stated that the decision of the Body has compelled her to resign her position as LPDC member. The letter was addressed the “The Body of Benchers” and “Attention” to the chairman of the body, past chairmen, Life Benchers and Benchers.

It is recalled that CITY LAWYER had exclusively reported the resignation of Chief Ferdinand Orbih SAN as an LPDC member. This came on the heels of the resignation of the LPDC Chairman, Mr. Emmanuel Ukala SAN.

Other members of the committee are Daniel M. Tela (Secretary); Justice M. B. Dongban-Mensem; Ahmed Mustapha Goniri, Esq., Eyitayo Jegede, SAN; Ebenezer Obeya, Esq.; Justice Marshal Umokoro, Chief Judge of Delta State; Justice Hussein Mukhtar, Presiding Justice, Court of Appeal, Kaduna; Justice Rabi Umar, Chief Judge, Bauchi State; Uju Nwogu, Hon. Attorney General, Anambra State; Suleiman Usman, SAN, Hon. Attorney General, Sokoto State, and H. A. Turaki.

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  • EDITOR'S CHOICE
  • Jan 21, 2022
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‘WE WANT REPORT ON TORTURE, SARS,’ SAY UN

The United Nations has called on the Federal Government to provide, by 3 December 2022, information on its follow-up to the Committee’s recommendations in its latest report on torture in Nigeria.

According to the global body, the information should dwell on “allegations of torture, ill-treatment, arbitrary detention and excessive use of force, in particular by SARS.”

In its latest report on Torture in Nigeria, the UN Committee against Torture (CAT) also sought information on pretrial detention and overcrowding; the national preventive mechanism; and gender-based violence. “In the same context, the State party is invited to inform the Committee about its plans for implementing within the coming reporting period, some or all of the remaining recommendations in the concluding observations,” said the Torture Committee.”

Turning to “Redress, including compensation and rehabilitation,” the UN Committee against Torture welcomed sections 6 and 9 of Nigeria’s Anti-Torture Act that stipulate access to legal assistance and right to claim compensation for torture and ill-treatment, “and the part 32 of the Administration of Criminal Justice Act 2015 that provides for costs, compensation, damages and restitution for victims of crime.”

It however “regrets the lack of information on the actual application of those provisions, including the data on victims of torture and ill-treatment who have obtained redress thus far. The Committee also regrets the lack of information whether victims of torture had received medical or psychosocial rehabilitation, in addition to compensation, and whether specific rehabilitation programmes have been established for them (arts. 2 and 14).”

The Committee urged the Federal Government to “Ensure that an explicit provision in the Anti-Torture Act allows victims of torture and ill-treatment to obtain redress, including the means for as full a rehabilitation as possible, as set out in its general comment No. 3 (2012),” and

“Establish rehabilitation programmes for victims of torture and ill-treatment, in cooperation with specialized civil society organizations, for example through mandating judicial panels operating across the country, and allocate resources to implement such programmes.”

Speaking on the follow-up procedure, the Committee “invites the State party to consider making the declarations under articles 21 and 22 of the Convention and to ratify any core United Nations human rights treaties to which it is not yet party.”

It also urged the Federal Government to “disseminate widely the report submitted to the Committee and the present concluding observations, in appropriate languages, through official websites, the media and non-governmental organizations and to inform the Committee about these activities.”

On the continued default by Nigeria on its reporting obligations to the Torture Committee, the CAT urged Nigeria “to comply with its reporting obligations under article 19 of the Convention and to submit its report, which will be considered its second, by 3 December 2025. To that end, the Committee invites the State party to accept, by 3 December 2022, to prepare its report under the simplified reporting procedure, whereby the Committee will transmit to the State party a list of issues prior to reporting. The State party’s response to that list of issues will constitute its second periodic report under article 19 of the Convention.”

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.

CAT_C_NGA

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  • EDITOR'S CHOICE
  • Jan 04, 2022
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  • Comments Off on ‘NIGERIA HAS TAKEN STEPS TO ENFORCE TORTURE CONVENTION,’ SAYS UN-CAT

‘NIGERIA HAS TAKEN STEPS TO ENFORCE TORTURE CONVENTION,’ SAYS UN-CAT

The Committee against Torture, a United Nations entity, has commended Nigeria for its “accession to or ratification of” some international instruments since Nigeria’s accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In its latest report on torture, the Committee enumerated some “positive aspects” relating to Nigeria, noting that it “welcomes the accession to or ratification of the following international instruments by the State party.” 

The Committee also commended some “legislative and institutional measures” taken by Nigeria to give effect to the Convention.

The international instruments include:

(a) The United Nations Convention against Transnational Organized Crime, on 28 June 2001;
(b) The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, on 28 June 2001;
(c) The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime on 27 September 2001;
(d) International Convention for the Suppression of the Financing of Terrorism, on 16 June 2003;
(e) The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, on 22 November 2004;
(f) The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, on 27 July 2009;
(g) The International Convention for the Protection of All Persons from Enforced Disappearance, on 27 July 2009;
(h) The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, on 27 July 2009;
(i) The Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict, on 25 September 2010 and 27 September 2012 respectively;
(j) The Convention on the Rights of Persons with Disabilities and its Optional protocol, on 24 September 2010;
(k) The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, in 2011;
(l) The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), in 2012.

Among the “legislative and institutional measures” taken by Nigeria to give effect to the Convention are:

(a) The Child Rights Act, in 2003;
(b) The African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, in 2004;
(c) The Evidence Act, in 2011;
(d) The National Human Rights Commission Act, in 2010;
(e) The Terrorism (Prevention) Act, in 2011;
(f) The Legal Aid Council of Nigeria Act, in 2012;
(g) The Administration of Criminal Justice Act, in 2015;
(h) The Violence against Persons (Prohibition) Act, in 2015;
(i) The Anti-Torture Act, in 2017;
(j) The Nigerian Correctional Service Act, in 2019;
(k) The Nigerian Police (Establishment) Act, in 2020;
(l) The Judicial (Financial Autonomy) Act, in 2020;
(m) Fundamental Human Rights Enforcement Procedure Rules, in 2009;
(n) The action plan to end and prevent the recruitment and use of children, in 2017
(o) The national action plan for the promotion and protection of human rights and strategic work plan 2019-2022;
(p) The establishment of the Administration of Criminal Justice and Reforms Department.

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.

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  • EDITOR'S CHOICE
  • Dec 31, 2021
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  • Comments Off on TORTURE: UN COMMITTEE URGES TRAINING FOR NIGERIA’S JUDGES, LAWYERS

TORTURE: UN COMMITTEE URGES TRAINING FOR NIGERIA’S JUDGES, LAWYERS

The Committee against Torture (CAT) has urged the Federal Government to train judges and lawyers on the application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Committee also expressed concern on “lack of information” on the application of the Convention by Nigeria’s courts, and on cases where the Convention has been directly applied by the domestic courts.

Rising from its 72nd meeting, CAT urged the Federal Government to “provide judicial officials and lawyers with specific training on applying the Convention directly and asserting the rights established in those provisions before the courts and submit information about specific cases in which the Convention has been invoked before the domestic courts in its next periodic report.”

While welcoming the enactment of the Anti-Torture Act that is applicable in the whole country, the Committee in its “Concluding observations in the absence of the initial report of Nigeria” noted that “it is concerned at the lack of information on the actual practice of direct application of the Convention by the domestic courts, and on cases where the Convention has been directly applied by the domestic courts (arts. 2 and 12).”

The Committee also expressed concern on the adopted definition of torture in Nigeria’s Anti-Torture Act, adding that contrary to the expectation of the Convention, a “specific purpose based on discrimination ground” is linked to the purpose of intimidation or coercion of an individual or a third party, rather than a standalone purpose.

Noting that the Anti-Torture Act “does not cover attempts to commit torture in accordance with Article 4 of the Convention and lacks specific provisions establishing statute of limitations and barring the amnesties and pardons for the acts of torture (arts. 1 and 4),” the Committee urged the Federal Government to “Continue to make efforts to bring its definition of torture fully into line with article 1 of the Convention and explicitly add the following separate purpose to the definition of torture: “or for any reason based on discrimination of any kind;” “Include criminalization of the attempts to commit torture in the Anti-Torture Act;” and “Clarify and ensure that there is no statute of limitations for the offence of torture explicitly provided in law in line with General Comment No. 3 (2012) on the implementation of article 14, and that torture is explicitly excluded from the scope of amnesty and pardon provisions.”

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.

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  • EDITOR'S CHOICE
  • Nov 24, 2021
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  • Comments Off on ‘ENDSARS PANEL REPORT DISGRACEFUL, SELF-SERVING,’ SAYS OWONIKOKO

‘ENDSARS PANEL REPORT DISGRACEFUL, SELF-SERVING,’ SAYS OWONIKOKO

In this article posted on his Facebook page by leading litigator, MR. ABIODUN JELILI OWONIKOKO SAN, he argues that the ENDSARS Panel Report submitted to the Lagos State Government is fraught with irregularities, adding that none of the eleven persons listed as dead was proved to have died from the Lekki Shooting incident.

Re my Interview on Arise TV. This morning of 18th November 2021 on EndSARs Panel leaked report 

This our country must change by learning to confront inconvenient truth . Not for my sake – but for the younger generation; and my children.

Please see and read the report before you comment oo. My client Lagos State government was not indicted in it . But it was my client that set it up. It is the body by law that can accept , reject or modify it for implementation. I am under no doubt absolutely that the report did incalculable injustice to innocent people and falsely pronounced people to be dead as a result of Lekki shooting on 20th October . At least at the last count since the report was leaked on social media ahead of submission to their appointor – about 4 days ago – 7 of the listed deceased persons have been shown to be alive or to have died at different places on days other than on 20th of October – not from Lekki incident . I can affirm that none of the eleven persons listed as dead ( and 4 presumed missing by the panel ) was proved to have died at Lekki toll gate or at all . Not even medical report , cause of death , or certificate of death was tendered by the petitioners in respect of these persons . In the province of proof of essential matters on which peoples’ life and faith are dependent, speculation or fact-rigging should never be granted entry visa . I know it sounds ridiculous to expect that to be the case ; but sadly that is the case with this report . I will be more than happy to have these assertions disproved by a panel member or a counsel abreast of the proceedings – just by displaying documents tendered which answered to all this vital missing evidential material . You should curse me and pray for the wrath of God to strike me and all that I hold dear if I was ever found commending such a disgraceful and self-serving and irresponsible supposed judicial panel of inquiry report . I am using these strong words with full conviction – I only pay attention and commit to worthwhile causes that can hold out against any genuine universal challenge. This should demonstrate to you the kind of human being I am . I don’t live by public acclaim or approbation – my entire life is on the mercy and grace of almighty Allah and fear of the last days in the grave before the day of reckoning . May He give us our deserving rewards for our actions , deeds and words . I should have been asking for forgiveness on this issue , but instead I am praying Allah to reward me for my public views on it – that is the much risk of my place in the hereafter I am staking on this very traumatic episode exemplified by the report . Pls anybody who cannot repeat this prayer to be his own fate for the consequence of either attacking or supporting me on the vexed report of Endsars Judicial Panel in Lagos State should kindly hold back and watch as events unfold on the matter . Thanks 🙏

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  • EDITOR'S CHOICE
  • Nov 18, 2021
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  • Comments Off on ENDSARS PANEL: ‘I DID NOT COLLECT ANY BRIBE,’ SAYS ADEGBORUWA

ENDSARS PANEL: ‘I DID NOT COLLECT ANY BRIBE,’ SAYS ADEGBORUWA

A member of the Lagos State ENDSARS Panel, Mr. Ebun-Olu Adegboruwa SAN has denied allegations that members of the panel received bribe in the course of discharging their duty.
Noting that panel members are being targeted for vilification by agents for state, Adegboruwa described this as “unfair, ungodly and least expected” and urged Lagos State Governor, Mr. Babajide Sanwo-Olu to rein in the perpetrators.
Below is the full text of the post on his Facebook page.
ENDSARS PANEL MEMBERS ARE BEING UNFAIRLY PERSECUTED
Since the submission of the EndSARS Panel Report to the Governor of Lagos State on November 15, 2021, members of the Panel have become subject of vicious attacks by those suspected to be agents of the government.
All manner of allegations have been heaped upon Panel Members, some of who have been called unprintable names.
I can confirm that no Member of the Panel lobbied to be appointed into the Panel. As a matter fact in my own case, His Excellency, the Governor of Lagos State, appealed to me to accept my appointment, which I saw as a call to national service. The primary reason the Governor gave to me then was that he wanted men and women of integrity, independent and not subject to manipulation, to be on the Panel.
Just today, my attention has been drawn to an interview by a Senior Counsel to the Lagos State Government, to the effect that Panel Members collected bribe in the course of the assignment. It is unfair, ungodly and least expected of the government and its lawyers.
The Lagos State Government asked for two weeks to enable it release a White Paper on the report submitted to it by the Panel. And we have been waiting, but it would seem that the Lagos State Government has now unleashed mindless propaganda upon Panel Members whilst at the same time asking for restraint from the general public.
I have in my custody, certified true copies of ALL proceedings of the Panel and all exhibits tendered before the Panel in respect of the Lekki Toll Gate Investigation. I urge the government to call its agents and lawyers to order so as not to provoke aggravated responses.
It is unfair to seek to denigrate peoples’ hard-earned reputation on account only that they accepted to render selfless service at the behest of government. If the government and its agents are not restrained from attacking others, nothing stops us from defending our integrity.
I should not become a victim of unwarranted attack just because I accepted to serve the government and the outcome of that assignment did not favour the expectations of the government. Suffice it to mention that I worked with men and women of unblemished integrity and I’m proud to be associated with them all.
I therefore appeal to His Excellency the Governor of Lagos State to call all agents of State to order and to keep to his promise to us to release a White Paper within two weeks and to send the unedited report of the Panel, to the National Economic Council.
God bless Nigeria.
Ebun-Olu Adegboruwa, SAN
Lekki, Lagos.
18/11/2021.
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  • EDITOR'S CHOICE
  • Aug 18, 2021
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  • Comments Off on IGBOHO: FHC, DEFENCE LAWYER DEBUNK CLAIM THAT JUDGE ABSCONDED

IGBOHO: FHC, DEFENCE LAWYER DEBUNK CLAIM THAT JUDGE ABSCONDED

The claim that a judge of the Federal High Court (FHC), Justice Obiora Egwuatu had “gone missing” to evade signing the bail papers for release of 12 aides of Yoruba activist, Chief Sunday Adeyemo (aka Sunday Igboho) has been debunked by the Federal High Court and the defence lawyer, Mr. Pelumi Olajengbesi. 

According to the trending report by a popular online newspaper, “when they took the detainees to the judge, ‘they were told that he did not come to work and had left instructions that another judge must not sign on his behalf.’ “

Aside from the Chief Registrar of the Federal High Court, Mr. Emmanuel Gakko who debunked the report, an unimpeachable and highly placed source at the Federal High Court who is familiar with the bail processing told CITY LAWYER that the report was baseless.

Gakko said in a statement that Justice Egwuatu was overseas on an official assignment, adding that another vacation judge was available to sign the bail papers when they are ready.

According to another FHC official, “The honourable judge is on an official assignment. Release warrant can be signed by the second vacation judge. I am aware that the honourable judge left instructions in case the defendants perfect their bail conditions, to forward the file to the second vacation judge for issuance of the release order.

“It is quite possible that the file hasn’t even gotten to my Lord’s office. Recall that my Lord courageously granted bail to the detainees since 4th August, 2021. They have not been able to perfect bail since then, only for this irresponsible reportage.”

CITY LAWYER gathered that both Justice Egwuatu and Justice Ahmed Ramat Mohammed have been designated vacation judges for the Abuja Division of the Federal High Court.

Aligning with the stance of the court official, Olajengbesi distanced himself and his clients from the trending report, describing it as “equally condemnable.”

Olajengbesi, who issued a statement debunking the report, said: “We have received several calls and messages across the globe trying to ascertain the veracity or otherwise of some media reports currently in circulation on social media and news outlets particularly outside the country with respect to the above subject matter.

“It has therefore become imperative for us to put up this public notice so as to set the records straight. The report that the Hon. Judge handling the matter was kidnapped by unknown gunmen is not only false but condemnable as same is far from the truth.

“The report that the said Hon. Judge travelled out of town in an attempt to evade signing the release warrant of the applicants is equally condemnable and we do not want to be part of such reports. Also, let it be known that where a judge is absent under such a circumstance, any other judge within the Federal High Court can sign the release order and that is in process.

“The process of perfecting the bail conditions of those in custody is still in progress in accordance with the rules and practice of the Federal High Court of Nigeria and we are confident that the release order will be signed as soon as all administrative bureaucracies are concluded.

“We therefore appeal to the general public to exercise patience with the process.”

It is recalled that the Department of State Services (DSS) had arrested Igboho’s aides on July 1, 2021 during a raid on Igboho’s Ibadan residence, killing two persons in the process. The detainees include Abdullateef Onaolapo, Tajudeen Irinloye, Dikeola Ademola, Ayobami Donald, Uthman Adelabu, Olakunle Oluwapelumi, Raji Kazeem, Taiwo Tajudeen, Amudat Babatunde, Abideen Shittu, Jamiu Oyetunji, and Bamidele Sunday.
The 12 detainees had brought a fundamental rights enforcement action to seek their release from DSS custody, leading Justice Egwuatu to admit them to bail. The detainees had spent about 50 days in custody.

On his part, Igboho is battling extradition application filed by the Federal Government in a Cotonou, Benin Republic court.

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  • EDITOR'S CHOICE
  • Mar 29, 2021
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  • Comments Off on NBA, JUDICIARY WADE INTO ENUGU MAGISTRACY REMAND SAGA

NBA, JUDICIARY WADE INTO ENUGU MAGISTRACY REMAND SAGA

The Nigerian Bar Association (NBA) and Enugu State Judiciary have waded into the controversy trailing the alleged remand order on an Enugu-based lawyer by His Worship, Ezeobi Ngozi Anidi (Mrs.), a Chief Magistrate sitting at an Agbogugu Magistrates Court in Enugu State.

The social media was agog at the weekend following reports that a lawyer, Mr. Fidelis Okeke was ordered to be remanded in police custody following the absence of his client in court in Charge No. CMC/12c/2017, Commissioner of Police vs John Chidozie Igwe. Speculations were rife that the trending ruling was fake, prompting a frenzied debate among lawyers and jurists.

CITY LAWYER can authoritatively report that both the Nigerian Bar Association (NBA) and Enugu State Judiciary have waded into the controversy with a view to unraveling the facts.

The first hint of NBA’s intervention was dropped by the National Welfare Secretary and Publicity Secretary Emeritus, Mr. Kunle Edun via an online post thus: “The NBA 1st Vice President is following up on the matter with the local branch. We are impatiently waiting for the report of the local branch intervention.”

When CITY LAWYER sought more clarification on the post, Edun, a human rights activist, said: “We want to get first-hand report from the branch first, which we are still awaiting.”

Confirming the interventions, Okeke told CITY LAWYER that both NBA Enugu Branch Chairman, Mr. Jude Ezegwui and the Chief Registrar of Enugu State Judiciary, Magistrate Kingsley Eze have got in touch with him.

While he had narrated his experience to the Chief Registrar, there are strong indications that the branch may have asked him to submit a written report on the debacle for onward transmission to the national body. “I plan to do so immediately I’m done with the two matters I have in court today,” he told CITY LAWYER.

Though Okeke claimed that the chief magistrate ordered his remand in police custody, some lawyers argued that the trending ruling was fake, as it was not signed by the magistrate. There were indications that the remand order was vacated by the court.

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