SANWO-OLU

LAWYER ASKS SANWO-OLU, LAGOS CJ TO CURB LASTMA EXCESSES

A Lagos based human rights lawyer, Mr. Babatunde Jinadu has urged Lagos State Governor, Mr. Babajide Sanwo-Olu and the State Chief Judge, Justice Kazeem Alogba to curtail the alleged excesses of Lagos State Traffic Management Authority (LASTMA) officials.

In a petition to Sanwo-Olu which was made available to CITY LAWYER, the activist-lawyer stated that “Our office has gotten several complaints of misconduct of some officials of LASTMA who have become monsters on Lagos roads. The heartbreaking news is that this (sic) bad elements in the Agency have increased in number than the good, honest, diligent and hardworking ones. We were informed that some of them make contributions/savings of N20,000.00 and above daily out of the money extorted from motorists.”

He observed that the fines imposed by LASTMA officials are steep, saying: “The recent economic situation of the Country is more than enough hardship to deal with by Lagosians and Motorists than to be faced with the menaces of LASTMA, hence our call for your urgent intervention and rescue of the poor masses from being extorted by these overzealous and wicked LASTMA operatives.”

Turning to the operations of the Mobile Courts attached to LASTMA, the activist wondered whether the Judiciary has become complicit in the alleged menace of LASTMA officials, saying: “May it not be that the Judiciary is being “used” to aid and promote the extortion of Motorist by the Agency who have become monsters on the road with their heartless punishments and wickedness meted on motorists. Unfortunately, we shall not be able to exhaust the complaints received by our office to institute legal proceedings against the Agency and Lagos State Government.”

He stated that motorists are being put under pressure to plead guilty for alleged offences due to delay in trial of cases at the Mobile Courts and to avoid being deprived of their vehicles for long periods, urging Justice Alogba “to look into the practice and procedure of the Mobile Court to prevent the judiciary that should uphold Justice from being continuously used by the Agency as tool of injustice. It is our humble opinion that where an alleged traffic offender gets arraigned in the mobile Court and pleads “not guilty”, the magistrate should order the released his/her vehicle to him/her and lien be placed on the drivers’ licence ….”

The full text of the petition is below.

6th September, 2022.

His Excellency,
The Executive Governor of Lagos State,
Lagos State Governor’s Office,
Alausa, Ikeja,
Lagos State.

Dear Sir,

THE MENACES OF SOME OFFICIALS OF LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY (LASTMA): A NEED TO SANITIZE THE ORGANISATION IN THE INTEREST OF JUSTICE FOR THE COMMON LAGOS MOTORISTS AND ROAD USERS.
We act and speak on behalf of ourselves and a group of Motorist in Lagos State who are affected by the menaces exhibited by the ill motivated actions of some officials of the Lagos State Traffic Management Authority (LASTMA) that have become terrors on the roads of Lagos and making life terrible and unbearable for motorists and “Lagosians”.

Your Excellency Sir, our letter to your good office in respect of this subject matter is belated but it is better late than never written. Our office has gotten several complaints of misconduct of some officials of LASTMA who have become monsters on Lagos roads. The heartbreaking news is that this bad elements in the Agency have increased in number than the good, honest, diligent and hardworking ones. We were informed that some of them make contributions/savings of N20,000.00 and above daily out of the money extorted from motorists. Maybe this is the motivation behind their monstrous acts on the roads by holding motorists to ransom. We shall elucidate on how they achieve this subsequently in this letter. May it not be that the Judiciary is being “used” to aid and promote the extortion of Motorist by the Agency who have become monsters on the road with their heartless punishments and wickedness meted on motorists. Unfortunately, we shall not be able to exhaust the complaints received by our office to institute legal proceedings against the Agency and Lagos State Government.

In order to save the ink of our pen and reduce the number of papers our office will deploy here due to the economic realities of our dear Country. The recent economic situation of the Country is more than enough hardship to deal with by Lagosians and Motorists than to be faced with the menaces of LASTMA, hence our call for your urgent intervention and rescue of the poor masses from being extorted by these overzealous and wicked LASTMA operatives.

Our office is in receipt of complaints and evidences of misconduct of some LASTMA Officials that is totally heartbreaking and clear cases of wickedness. We now agree again that much needs to be done by the citizenry on display of love for one another before we put the whole blame on the ruling class. To begin with, the father of one our Colleagues was beaten by some LASTMA officials recently and we felt bad when we received the report. A graduateTaxi driver, Oluwayomi Adeleke was once terrorized by one K. Olododo because the former had refused to yield to the request of the latter to “settling” him weekly. K. Olododo was seen harassing Oluwayomi for an offence he did not commit. This incident was witnessed by one of our partners. As mentioned earlier, we shall not exhaust the several complaints we got due to management of resources at a time like this.

This is not to say that some Operatives of the LASTMA are not worthy of praise and accolades. There are few officials of the Agency that have been seen to be of good conduct, loving and dutiful. Unlike some wicked and monstrous elements in the Agency who instead of controlling traffic and assisting motorists when they have one issue or the other with their vehicle will only be after the arrest of such motorist with an offence they did not commit. The few good officials of LASTMA will be seen controlling traffic dutifully and diligently without having their major interest in apprehension of motorist for offences they did not commit in order to complete their N20,000.00 daily contribution target. We commend Mr. Timothy Adefolalu and Mrs. Orowusi Mojisola who are usually seen performing their duty of controlling traffic with love and passion. They have been spotted dancing while controlling traffic with joy and motorists obey them. A senior official that has been noticed to be reasonable, just and understanding in his judgement when his junior officers apprehend motorists is one Mr. Williams Bamidele. Another dutiful LASTMA official that we have observed to be with good conduct and fear of God is one Mr. Olufemi Ajiboso. There may be many other good ones that we have not met. Our prayer for them is that all these good LASTMA officials will serve and retire well in success and sound health. We hereby use this medium to also appeal to your good office to come to the rescue of the families of LASTMA officials who died in service by ensuring that the entitlements of the deceased LASTMA officials are paid seamlessly to their dependents or beneficiaries. A process that would give access to the funds by their families within less than a year may be better than making them go through rigorous processes for two or more years before paying their families or dependents.

Some law abiding and obedient motorists have been dealt with by these monstrous elements for crossing the stoppage line at traffic light by a few inches just because they want to obey the yellow light in order to avert the occurrence of accident. Rather than directing these persons to reverse or manage the situation, the monstrous LASTMA officials who have daily contributions of over N20,000.00 to make will descend on them with their phones camera already set in order to apprehend any slightest breach or instance not minding the circumstances. We shall now state how the Government and Judiciary appear to be aiding these monstrous Officials of LASTMA in their indecent acts. Permit us to mention this laughable act of some officials of the LASTMA. There is a bridge at Dopemu that should not be used by motorists coming into Dopemu from Akowonjo axis from 3:00 pm upwards. Until recently and after public criticism, the sign that indicates that “do no enter after 3:00 pm” had been covered by a tree and the LASTMA officials there would only go to hide at the other end of the bridge waiting to apprehend motorists that would enter through the bridge after 3:00 pm and thereafter extorted them. In Fact, one of our Colleagues had to park his car and challenged the officials disapproving their act of staying at that end of the bridge rather than staying at the other end where motorists are not allowed to enter from and directing them in that regard. It was about two months ago that the tree was either cut or another mark/sign installed indicating that motorists coming inward from Akowonjo should not use the bridge even though we do not know if that rule of usage of the bridge is still relevant. Many Lagos roads that are one-way roads are without indications and motorists are being apprehended daily as some motorists are new on the road. We pity people who not resident in Lagos or just came into Lagos. We appeal to your highly exalted office to direct that indicator be marked conspicuously on these roads for clarity in order to stop this extortion of innocent persons. Clearer road signs should also be installed.

The judgement of Justice Olalekan Oresanya on Thursday the 22nd day of September 2022 against the unlawful arrest and punishment of a Motorist, Mr. Lawal Aliyu and awarding damages in favour of Mr. Aliyu is highly commendable and worthy of celebration. The Court stated that a careful perusal of Section 27(1) b,c,d and e of the Traffic Management Law relied upon by the respondents in this case revealed that LASTMA cannot impose fine without arraigning an alleged traffic offender in Court. Based on this judgement, we hereby entreat Lagos State Government to refund all the money of Motorist collected through various ticketing by LASTMA officials without going through trial by a constituted Court of Law. Those that have suffered this injustice and can produce their evidence of payment should be refunded.

How is Lagos State Government and the Judiciary aiding these extortionist LASTMA officials? The fines imposed on traffic offences are too high. What is the aim of these fines, is it to deter the commission of Traffic Offences or to generate revenue to the purse of government and that of the monstrous LASTMA officials who would coerce a motorist to pay N10,000.00 to them instead of paying N50,000.00 ticket? If it is an offence that ought to be taken to the Mobile Court, the alleged offender upon being arraigned at the Mobile Court as we once witnessed would be asked to make his/her plea of “guilty” or “not guilty”. If he/she pleads guilty, he/she would be fined accordingly and his/her vehicle would be released upon payment of the fine though the LASTMA officials would have deflected all the tyres of the vehicle. If he/she pleads “not guilty”, the presiding Magistrate would note the plea and adjourn the case to a later date of about a month’s time of which the vehicle would not be released to the owner but kept in the custody of LASTMA until the conclusion of the case thereby punishing the motorist and depriving him/her of the use of the vehicle for weeks or months. This system or practice is draconian and unjust in nature because it leaves a motorist who has only one car and wants to go back with his car that day with the option of pleading guilty even when he is not guilty so that he can pay the fine and go back with his/her vehicle rather than being deprive of its use for weeks or months.

We hereby call on the Honourable Chief Judge of Lagos State to look into the practice and procedure of the Mobile Court to prevent the judiciary that should uphold Justice from being continuously used by the Agency as tool of injustice. It is our humble opinion that where an alleged traffic offender gets arraigned in the mobile Court and pleads “not guilty”, the magistrate should order the released his/her vehicle to him/her and lien be placed on the drivers’ licence or if the computerized vehicle licencing platform can accommodate it, a restriction should be placed on the licences in such a way that the alleged offender would not be allowed to renew his/her drivers’ licence and/or vehicle licences until he/she has attended to the case and same is disposed of.

Concerning the punitive fines, the philosophy of fines is to deter the commission of an act sought to be prevented. When the lowest fine is about N30,000.00, which is equal to the amount of the minimum wage of N30,000.00., it is no longer a fine but life-threatening punishment. For instance, where company driver whose monthly salary is N30,000 or N40,000.00 falls into the hands of such hungry LASTMA officials and is fined N30,000.00 or more and must pay back the fine from his salary as contained in the company policy. What option is left for him as the head of a family?

Your Excellency Sir, in Conclusion, while we look forward to seeing your urgent action against the socially reprehensible acts of these extortionist LASTMA officials, we wish to appreciate your initiative and implementation of the installation of security cameras in almost all the active and major roads in Lagos State. This is a great idea that we sincerely appreciate. We do hope that it would be maintained and sustained and that other states would emulate this initiative to make the whole country a safer place for us.

We pray that Lagos State shall continue to remain a peaceful and progressive State and almighty God shall restore Sanity and Peace to our dear Country.
Accept our professional regard.

BABATUNDE JINADU.
PER PRO: JUSTICE AND PEACE ATTORNEYS

CC:
1. HONOURABLE CHIEF JUDGE, HIGH COURT OF LAGOS STATE.
2. GENERAL MANAGER, LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY.

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  • EDITOR'S CHOICE
  • Jun 01, 2022
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  • Comments Off on KARIBI-WHYTE, SALAMI, OTHERS SHINE AS GROUP UNVEILS BOOK TODAY

KARIBI-WHYTE, SALAMI, OTHERS SHINE AS GROUP UNVEILS BOOK TODAY

Former Supreme Court jurist, Late Justice Adolphus Karibi-Whyte (CON) and retired President of the Court of Appeal, Justice Ayo Salami (OFR) would be under the klieg lights today as a civil society organization, Hallmarks of Labour Foundation unveils Volume 10 of its “Hallmarks of Labour” publication in their honour.

Among those also profiled in the compendium are Emeritus Professor Ladipo Ayodeji Banjo (CON) and Professor Allen Bankole Oyediran.

The event will be chaired by former Attorney-General and Minister of Justice, Chief Akinolu Olujinmi, SAN while the Hosts are the first female to be elevated to Nigeria’s Inner Bar, Chief Folake Solanke (SAN, CON) and Lagos State Governor, Mr. Babajide Sanwo-Olu.

While the Registrar & Chief Executive of the Joint Admissions and Matriculations Board (JAMB), Professor Ishaq Oloyede is the Special Guest of Honour, the Book Reviewer is the Vice Chancellor of Lagos State University (LASU), Professor Ibiyemi Olatunji-Bello.

Authored by Patricia Otuedon-Arawore, the book will be unveiled today, Thursday, June 2, 2022 at 10:30 am at the Nigerian Institute of International Affairs, Victoria Island, Lagos.

The coveted “Hallmark of Labour” honours was established against the backdrop of increasing decay in Nigeria’s moral fabric, dishonest practices and inefficient management of public affairs by successive governments. The founders of Hallmarks of Labour Foundation “believe that something has to be done to salvage the image of our country; convinced that our society boasts exemplary men and women who — against all odds — have embraced hard work and integrity. They are great Nigerians who can match and excel their contemporaries anywhere in the world.”

Its objectives include: Searching for and identifying Nigerians, Africans and people of the Black race who have achieved success through hard work, honesty, integrity and justice in every field of human endeavor; Using the achievements of these Role Models and their legacies as examples to educate Nigerians that success through genuine Labour is more rewarding and fulfilling; Developing a positive attitude among Africans especially the youth, and encouraging them to discard fraudulence, dishonesty and greed as means to success; Helping in making Nigeria a decent society, that deserves the respect of other nations of the world, thereby enhancing investment and tourism, and documenting the achievements of our noble patriots for the purpose of history.

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  • EDITOR'S CHOICE
  • Apr 07, 2022
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  • Comments Off on ‘WE’LL PARTNER WITH CIARB TO MAKE LAGOS ADR HUB,’ SAYS SANWO-OLU

‘WE’LL PARTNER WITH CIARB TO MAKE LAGOS ADR HUB,’ SAYS SANWO-OLU

Members of the Executive Committee of the Chartered Institute of Arbitrators (CIArb) Nigeria Branch recently paid a courtesy visit to the Governor of Lagos State, Mr. Babajide Sanwo-olu. The aim of the visit was to discuss areas of collaboration.

Chief J. Akingbola Akinola, SAN, CIArb thanked the Governor of Lagos State Mr. Babajide Sanwoolu for taking out time from his very busy schedule to receive the CIArb delegation, a statement obtained by CITY LAWYER noted. He observed that Lagos State plays a pivotal role in the Nigerian economy and it remains the focal point of economic, financial and commercial activities in the country.

Akinola added that a lot of infrastructural development is ongoing in Lagos State and that as disputes are an inevitable part of commercial activities, the establishment of an effective and efficient dispute resolution framework with well-trained and equipped human capital is essential for the economic growth as well as commercial activity within Lagos State. He lauded the progressive nature of the Lagos State Government under the Leadership of the Governor.

He informed the Governor that the Institute is positioned to partner with the Lagos State Government in capacity building and the use of the ADR mechanisms to support the activities of the government.

The Governor thanked the CIArb delegation for the visit and commended the CIArb Nigeria Branch on the work being done by the institute in the field of ADR and training of ADR practitioners. He noted that arbitration is an important tool to settle disputes and there is a need for capacity building in this area. He assured the CIArb Nigeria Branch of his support to develop Lagos State into an ADR hub.

Among the CIArb Nigeria Branch delegation were the 1st Vice Chair, Mrs. Sola Adegbonmire, C.Arb; the 3rd Vice Chair, Mrs. Obosa Akpata, C.Arb; Branch Secretary, Mrs. Josephine Akinwunmi, FCIArb; Branch Treasurer, Mr. Akin Omisade, FCIArb; Chairman of the Training Sub-Committee, Mr. Seyilayo Ojo, C.Arb; Assistant Secretary, Mr. Ibifubara Berenibara FCIArb, and the General Manager of the Branch, Ms. Chinelo Agbala.

The Lagos State delegation included the Deputy Governor of Lagos State, Dr. Kadri Obafemi Hamzat; the Attorney-General of Lagos State, Mr. Moyosore Onigbanjo, SAN, FCIArb; the Special Adviser on Education, Mr. Tokunbo Wahab and the Account-General of Lagos State, Mr. Abiodun Muritala.

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  • EDITOR'S CHOICE
  • Mar 10, 2022
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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

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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
  • Oct 06, 2021
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  • Comments Off on SANWO-OLU SIGNS NEW CRIMINAL JUSTICE LAW

SANWO-OLU SIGNS NEW CRIMINAL JUSTICE LAW

The Lagos State Government has amended its Administration of Criminal Justice Law in a bid to promote justice delivery.

Signed into law by Lagos State Governor, Mr. Babajide Sanwo-Olu, the new law aims to foster the fundamental rights of suspects and constitutional provisions.

According to a statement by Mr. Moyosore Onigbanjo SAN, the Lagos State Attorney General and Commissioner for Justice, “The provisions include conducting criminal proceedings through audio and video conferencing platform, powers of Chief Magistrate to visit Police Stations, prohibition of media parade of suspects, compensation to victims of crime, protective measures for victims and witnesses as well as the Establishment of a Crime Data Register and the Criminal Justice Sector Reform Committee to monitor the implementation of this Law.”

The full text of the statement reads:

GOVERNOR BABAJIDE OLUSOLA SANWO-OLU SIGNS ADMINISTRATION OF CRIMINAL JUSTICE (AMENDMENT) LAW OF LAGOS STATE,2021

Mr. Governor, Babajide Olusola Sanwo-Olu on the 30th of September 2021 assented to the Administration of Criminal Justice (Amendment) Law [ACJL] of Lagos State, 2021. The ACJL was first passed in Lagos State in 2007 and amended in 2011 (more than ten (10) years ago) to ensure the Fundamental Rights of suspects and persons that come into contact with the justice system, as enshrined in the Constitution are protected.

In a bid to further strengthen the justice system, promote the rights of victims and suspects as well as address the issue of delay in the Administration of Criminal Justice in Lagos State, key innovative provisions have been introduced as amendments to the Law.

The provisions include conducting criminal proceedings through audio and video conferencing platform, powers of Chief Magistrate to visit Police Stations, prohibition of media parade of suspects, compensation to victims of crime, protective measures for victims and witnesses as well as the Establishment of a Crime Data Register and the Criminal Justice Sector Reform Committee to monitor the implementation of this Law.

This further reinforces the commitment of Mr. Governor, Babajide Sanwo-Olu to the promotion of Law & Order, Protection of rights of Citizens, decongestion of our Correctional Facilities and ensure a crime-free society in Lagos State.

The Ministry of Justice through collaborative effort with Stakeholders in the Administration of Criminal Justice will ensure the provisions of this law are enforced.

Moyosore Onigbanjo SAN
Hon. Attorney General and Commissioner for Justice
5th October 2021

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  • EDITOR'S CHOICE
  • Apr 19, 2021
  • 4
  • Comments Off on JUSUN STRIKE: ANXIETY, AS NBA IKEJA BOYCOTTS LAGOS BRANCHES’ PARLEY WITH SANWO-OLU TOMORROW

JUSUN STRIKE: ANXIETY, AS NBA IKEJA BOYCOTTS LAGOS BRANCHES’ PARLEY WITH SANWO-OLU TOMORROW

  • LAGOS, BADAGRY, EPE AND IKORODU BRANCHES TO ATTEND

  • CONFUSION OVER PARTICIPATION OF BRANCH MEMBERS

The Nigerian Bar Association (NBA), Ikeja Branch has vowed to boycott a meeting of all Lagos branches with Lagos State Governor, Mr. Babajide Sanwo-Olu scheduled for “Lagos House,” Marina tomorrow.

In a telephone interview with CITY LAWYER, NBA Ikeja Branch Chairman, Mr. Batholomew Aguegbodo said: “I can tell you for free that I will not be there. We complied with the NBA President’s directive by embarking on our protest march today in line with our tradition as Tiger Branch. I tried to move the other branches to join us today but they gave sundry reasons on why it is impossible for them to do so. I respect their position. We shall return to the streets on Monday if by then the State Governors had not complied with JUSUN’s demand.”

However, the four other branches comprising Lagos, Badagry, Epe and Ikorodu will meet with the Governor tomorrow by 10:30 am. CITY LAWYER gathered that the branch chairmen may have agreed to converge on “Lagos House” by 10 am prior to the meeting with the Sanwo-Olu. The meeting is being facilitated by former Bar Leader and Lagos State Attorney-General & Commissioner for Justice, Mr. Moyosore Onigbanjo, SAN.

While it was gathered that only three members from each branch would be permitted to go into the meeting with the Governor, it was unclear at press time whether branch members would be allowed to mass around the premises. This comes against the backdrop of conflicting signals from the branches regarding the level of participation of their members.

While Lagos Branch may have restricted participation to the official three-man delegation and very senior lawyers who may insist on attending, Epe and Ikorodu branch chairmen told CITY LAWYER that all their members who wish to attend have been fully mobilized to storm “Lagos House” in their numbers.

According to Mr. Ademola Koko, NBA Epe Branch Chairman, “Everybody is coming. We have mobilized all our members. We are coming in three buses which we have hired.”

This was echoed by NBA Ikorodu Branch Chairman, Mr. Abimbola Ojedokun who told CITY LAWYER that “We are going with our members. All those who are available will accompany us on the visit.”

The branches may have however conceded to shun display of placards so as not to “embarrass” the Governor. A source told CITY LAWYER that while Epe Branch has agreed to display its banners at the Epe High Court, Badagry Branch may have directed its members to display their banners at the Lagos High Court, Igbosere.

In a press statement personally signed by the NBA President, Mr. Olumide Akpata, the association had at the weekend asked all NBA branches “to effectively mobilize their members and pay visits to their respective State Governors at the Government Houses on Monday, 19th April 2021 to press home the demand for implementation of financial autonomy for the Judiciary. At the visit, NBA Branches in each State are to present a joint written demand to their State Governor requesting full compliance with existing legislative instruments and court judgments on the financial autonomy of the Judiciary.”

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  • EDITOR'S CHOICE
  • Mar 30, 2021
  • 1
  • Comments Off on LEKKI GARDENS: OPEN LETTER TO GOV. BABAJIDE SANWO-OLU, BY OSFRA

LEKKI GARDENS: OPEN LETTER TO GOV. BABAJIDE SANWO-OLU, BY OSFRA

ADVERTORIAL

https://citylawyermag.com/wp-content/uploads/2021/03/OPEN-LETTER.pdf

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  • EDITOR'S CHOICE
  • Mar 25, 2021
  • 0
  • Comments Off on BAR LEADER, DURU NAMED BADMINTON ASSOCIATION CHAIR BY SANWO-OLU

BAR LEADER, DURU NAMED BADMINTON ASSOCIATION CHAIR BY SANWO-OLU

Lagos State Governor, Mr. Babajide Sanwo-Olu has named Bar Leader and former 1st Vice Chairman of the Nigerian Bar Association (NBA), Lagos Branch as the new Chairman of the board of Lagos State Badminton Association.

In a letter dated 8th March, 2021 and made available to CITY LAWYER, it was noted that Duru’s appointment was “as a result of your keen interest and contributions to sports development as well as selfless service to humanity and sterling achievements in your chosen field. We believe and expect these qualities will be fully brought to bear in your role as a Board Member.

The letter which was signed by the Executive Chairman of Lagos State Sports Commission, Sola Aiyepeku added that “By this appointment, members of the board are expected to work assiduously for the transformation of the Association in line with the Lagos State Sports Commission’s Vision of building ‘The foundation for a sustainable vibrant industry’ and Mission ‘To make Lagos the leading sports destination in Africa.’

Also appointed as board members are Mr. Abiodun Akinyemi (Vice Chairman), Mr. Lekan Abdul, Mr. Bayo Haastrup, Alhaja Rekia Zubair and Mrs. Bukky George. The board members were sworn in on Thursday, March 11, 2021 at the Teslim Balogun Stadium in Surulere, Lagos and have since assumed duties.

An avid badminton enthusiast and player, Duru was the Chairman of the Badminton Section of Ikoyi Club 1938.

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  • EDITOR'S CHOICE
  • Feb 17, 2021
  • 0
  • Comments Off on OPEBI LAND GRAB: ‘COURT WILL FIX LAGOS STATE’S EXECUTIVE LAWLESSNESS,’ SAYS UBANI

OPEBI LAND GRAB: ‘COURT WILL FIX LAGOS STATE’S EXECUTIVE LAWLESSNESS,’ SAYS UBANI

Former Nigerian Bar Association (NBA) Vice President, Mr. Monday Ubani has vowed to contest the decision of Lagos State Government to back alleged land grabbers over the controversial parcel of land at Opebi, Lagos.

In a rejoinder to his indictment by the State Government over the land tussle, the leading human rights activist insisted that the alleged land grabbers were using the machinery of the government to perfect the land grab, adding that he is confident that the courts will redress any injustice done to his client.

Below is the full text of the statement made available to CITY LAWYER.

RE : OPEBI LAND TUSSLE, LAGOS STATE GOVERNMENT JUSTIFIES ACTION FOR THE UNLAWFUL EXECUTION OF COURT JUDGMENT ON DISPUTED LAND. – UBANI’S RESPONSE 

I have just seen the Press Release of the Honourable Commissioner of Information and Strategy of Lagos State, Mr Gbenga Omotosho concerning the land grabbing episode at 1, Folorunsho Kuku Street, Opebi in which Lagos State erroneously got itself entangled and illegally helped notorious land grabbers to chase away the rightful owner of a land and put the land grabbers into physical possession.

Despite my alarm that this action is patently illegal and wrong, the State Government through its Officials have been trying hard to justify this illegality having succeeded in using the state apparatus to commit the heinous illegality of “enforcing judgement” over a land that was never part of the alleged judgement of the Supreme Court.

I was away on Christmas holiday when the Lagos State Government led by one Engr Omotosho used bulldozer, trucks, towing vans and great number of policemen and thugs to chase away the legitimate tenants of the landowner and towed away all the vehicles at the site where they have been working for many years. When we were informed of this development, I raised alarm where I was holidaying and it was widely publicised both in mainstream and social media. Several government officials including the present Commissioner for Information and Strategy reached out to me over the issue and I promised to be back to Lagos to address the issue if they were ready to redress their error.

I returned to Lagos on the 10th of January, 2021 and on the 11th of January, 2021, I attended a meeting presided over by The Solicitor General/Permanent Secretary of the Ministry of Justice, Mrs Titilayo Shitta-Bey. It is important to point out that, that is the only meeting I attended over this issue, therefore the statement that a Committee set up by Lagos State Government sat from 4th of January to 1st of February 2021 is clearly news to me. I was never invited to any other meeting other than the one of 11th of January, 2021 which had some officials of several ministries and the Surveyor-General of Lagos State in attendance.

At the said meeting I raised the issue that:

1. Lagos State Government cannot “enforce” court judgement as that is the work of the Sheriffs of the court. I am proved right because after the invasion in collusion with Lagos State Government officials, the Meadows’ Family, the supposed judgment creditor, has gone back to court to ask the court re-issue the “warrant of possession” for them to carry out execution on Folorunsho Kuku Street that was never and had never been part of the subject of judgement of both at the trial and at appellate Courts. The matter came up two weeks ago, that is last January, 2021 which is several weeks after the illegal invasion by the land grabbers in collusion with Lagos State Government officials.

2. The Surveyor-General’s report that my client’s land fell into the subject of the judgement at the trial court was seriously objected to by my humble self because the surveyor-general based his report upon a FORGED SURVEY (it was never part of the proceeding at the trial court in Suit No ID/513/80). This purported survey plan upon which the surveyor-general based his report was never used, tendered and admitted in evidence in that case. I have a complete copy of the entire court proceedings that took place on that case and a complete set of all the surveys that were also tendered and admitted in court. I also have the court judgements which never made mention of a purported survey plan drawn by one Suveyor Ogunbiyi in 1981 which is the wrong survey that the Surveyor General of Lagos State has used in his report which the Special Task Force on Lands Grabbers acted upon. I made this particular point clear to the Committee, but my findings were that the Committee members from Lagos State Government came to the meeting with a mindset to clear their names and present a report to the governor that will clear their mess by insisting that they acted upon the purported survey that never existed during the trial of the case.

At that point I felt that the Committee cannot resolve the issue as it was set up purposely to clear their “mess” and not to mete out justice as this press release from the Commissioner of Information and Strategy justifies my position. The Land grabbers have taken over the land and have set out to sell the land (if they have not sold everything) to persons that are very close to this State government as my investigation reveals.

Let me address seriatim the other issues raised by the said Commissioner in his press release.

a. “That the Committee invited all the parties between 4th of January to 1st of February, 2021”. MY RESPONSE. As stated earlier, I was invited only on the 11th of January, 2021 and I attended only on that date and not aware there was any other meeting involving parties to this issue. The truth of the matter is that Lagos State Government cannot ordinarily be a judge in its own case. We accused Lagos State Government of aiding land grabbers to take over my client’s land illegally and it is preposterous that the said Lagos State Government through the Ministry of Justice was investigating the matter that we alleged is committed by The Special Task Force on Land Grabbing that is a Unit under them! What an irony?

b. “That the Special Taskforce on Land Grabbers acted upon a petition on behalf of the Meadows to eject occupants of the land which harbors shanties, mechanics and miscreants”. MY RESPONSE. This is clearly laughable. The mechanics that were there were rent paying tenants to the owner of the land, and the property in question was fenced round with a big gate. The mechanics are known within the Estate and are lawful tenants who pay their appropriate dues and levies to the Landlord/ Resident Association. The chairman of the Estate Mr Steve Omamole has testified to that effect.

Upon what basis in law will a State Government act upon a petition of a private citizen to eject fellow citizens without complying with due process and law? Since when did Lagos State Government constitute itself into a law court to engage in recovery of premises on behalf of other citizens? The more the Lagos State Government tries to justify this brazen illegality, the more they get themselves completely soiled in this embarrassing impunity!

c. “That the Petitioners tendered copies of judgements obtained from various courts, High Court, Suit No LD/513/80, Court of Appeal – Appeal No. CA/1/92 and the Supreme Court – SC /146/1995) and other documents showing their title to the land to substantiate their position”. MY RESPONSE. This was the most embarrassing of all the statements in this press release. I ask again, when has Lagos State Ministries or Agencies become the law court that enforce judgement of the court? If it is true as alleged that the Petitioners have these judgements, why can’t they go to court to enforce their judgements? When did they obtain these judgments? Have they enforced them before? Why did they not complete the execution? Why are they now waking up from sleep to enforce 41 year’s judgements in 2020 on a different address with a different survey? Is the Commissioner of Information aware that this same Petitioner was in court two weeks ago(this January, 2021) to ask the court to re-issue warrant of possession over the same property that Lagos State Government have purportedly helped them to enforce judgement in December 2020? Is Lagos State Government aware that the Survey Plan with which they deceived the Surveyor General to act upon in order to write that our client’s land forms part of the subject of judgement was never part of the proceeding in Suit No ID/513/80? Please note that the Hon Commissioner erroneously described the suit number as LD/513/80.

Further question will be what other documents did the petitioner show to the Lagos State Government as alleged by the Hon Commissioner that got the Special Taskforce On Land Grabbing convinced that my client’s land formed part of the subject of the judgement of the Courts in favor of the judgment creditor? Could it be the survey OGEK 1911/81 drawn by one Surveyor Ogunbiyi which the Chairman of the Taskforce Mr Arole said he got from the Court but which was never part of the proceedings in Suit No ID/513/80? How can a whole government agency believe in a document that was never part of the proceedings during trial and chose to act on it? What irks me in this whole mess is the brazen inability of the Lagos Government Officials to appreciate the gravity of this blunder. Their bold-faced attempt to justify this illegality is clearly amazing, shocking and alarming!

d. “That the Coordinator of the Lagos Task Force confirmed the authenticity of all documents presented by the Petitioner and obtained approval to embark on the enforcement in conjunction with other government agencies whose representatives were part of the Committee set up to establish facts of the matter – Ministry of Justice, Ministry of Physical Planning and Urban Development, Ministry of Transportation and Office of the Surveyor- General, Lagos State”.MY RESPONSE. It is important we note that from this statement, Lagos State Government has admitted that they were the ones that helped a land grabber to chase away the legitimate owner of his land using state apparatus. Secondly, I ask which of the documents did the said Coordinator of the Lagos Taskforce confirm as authentic? Is it the judgement, the survey or the court proceedings? How does a judgement obtained on over 12 acres of land at Abule Onigbagbo cover a land in Opebi? Assuming but not conceding that Abule Onigbagbo has suddenly become Opebi, what survey plan was used to determine that the judgement of the trial court covered the land situate and lying at No 1 Folorunsho Kuku Street, Opebi which is a subject of a certificate of Occupancy obtained from the same Lagos State Government since 1989?

Why is the said judgement creditor the owner of only the 6 plots of my client’s land at No 1 Folorunsho Kuku Street, Opebi and not the owner of all the adjoining lands on left, right and its surroundings, more so when the judgment of the trial court was for over 12 acres of land? Most importantly is how did the Coordinator of the Special Task Force conclude his investigation and establish that the Petitioner has authentic documents when he knew that there were persons present in the property whose interest on the property he could have requested for in order to give every party to the matter a fair hearing? Was Lagos State fair in using all those above mentioned agencies to grab a citizen’s land without given the citizen the opportunity to explain the reason for his presence on the property? The tenants on the property have been there for over 20 years overlooking the property for our client. They have evidence of paying land charges up to date, in fact in 2019 they received a letter of commendation from Lagos State Government for prompt and regular payments of their charges.

In all these, to us, is the shocking revelations coming from the contradictory press releases coming from the various ministries of Lagos State over this impunity perpetuated by Lagos State Government over the land in Folorunsho Kuku Street, Opebi. Fact checks on the reasons advanced by the Ministry of Physical Planning is different from the one given by the Ministry of Transport and the one given by the Ministry of Environment differed from the one given by the Special Taskforce on Land Grabbing. Finally this last one released from the Ministry of Information and Strategy contradicts the earlier one issued by the Ministry of Physical Planning which alleged violation of physical planning laws. Whosever and whatsoever made Lagos State Government, the Centre of Excellence to engage in this brazen impunity and their recalcitrance justifying this illegality shall be revealed sooner or later.

e. “That the Meadows family (the Petitioner) was also invited to the Committee and it was established that after the execution of the judgement of the High Court of Lagos State, some mechanics and miscreants dislodged them from the land, and all efforts to remove the trespassers had proved abortive until the petition to the Lagos State Special Task Force”. MY RESPONSE. It is unfortunate that this press statement has clearly indicted the Lagos State Government as aiding and abetting land grabbing in Lagos State. How can someone who has a certificate of occupancy of 1989 with lawful tenants who pay their dues, one as Mechanics to the Local Government Area with receipts, two, with evidence of receipts of payment of land use charges to the State Government and three, with evidence of receipts of payment to the Landlord/Association of the Estate be described as miscreants worthy of being dislodged by the State Government? How can anyone justify this type of illegal act by the Lagos State Government? Under the military, an attempt like this by the Lagos State Government to treat a citizen like a miscreant was frowned at by the Supreme Court in the famous case of Ojukwu V Lagos State Government, and we are now under democracy where the constitution and the rule of law should prevail!

What is very interesting about the narrative above about the said Meadows Family is the several lies that this said family have told the court on why they want the court to re-issue warrant of possession to go back to execute the 41 years judgement. In one instance, they told the court that they did not have money to complete the earlier execution, hence they are now ready financially to complete it. In another application before the court, they told the court that they have completed execution but that the people on site agreed with them to vacate, however they have refused to vacate after the agreed time. In the third application before the court they told the story as re-told by the Lagos State government on their behalf that the alleged miscreants dislodged them after a successful execution. Which of these stories are true? We found out through our investigations that the family through their various counsel did abandon all these fraudulent applications anytime the court raised issue about the genuineness of their strange requests. Even if they are true, which I am not conceding, which area do they want to carry out the execution? Is it on the area for which judgement is entered or upon another area which was never part of the judgement of the court? Interestingly the Courts on which these strange applications were made usually suo motu raised these issues and the next thing is that their lawyers will abandon the application abruptly and run away. We have evidence of these. This was their method of trying to levy execution on a place they never procured judgement on until they found Lagos State Government as a good ally. The question will be why would Lagos State Government lend itself willingly for this type of infamy?

f. “That Ubani did not also provide any document to justify that the land belongs to Circle Nigeria Limited. The Committee also ascertained that the ex parte order submitted by Mr Ubani was in the name of Circle Nigeria Limited but the C of O attached thereto was in the name of Kayode Owoseye Akingbade – two different entities”. MY RESPONSE. This part was the most ridiculous. I ask again, has Lagos State Government Officials taken over the responsibility of the court of the land? Is it not funny that in one breadth the Hon Commissioner admitted that a court of competent jurisdiction granted our client an interim order and in another breadth he is querying our documentary evidence to obtain the order? Is the Hon Commissioner of the view that i got the order without documentary evidence to show ownership of the property by Circle Nigeria Limited? Is the Hon Commissioner by his assertion here querying the competence of the learned Judge who granted the order of injunction? Is the Hon Commissioner trying to rewrite the ruling of the court, which is actually what they did by invading our client’s land in collusion with the land grabbers. If I may ask, is the Hon Commissioner saying that if a legitimate land owner with a certificate of occupancy sells his land to a subsequent purchaser who has a deed of assignment coupled with being in possession for a period spanning over 20 years, that that person is in the eyes of the law a trespasser and a miscreant? Honestly I do not seem to get the argument of the Honorable commissioner on the issue of a certificate of occupancy bearing a name different from the subsequent purchaser. It again speaks volume on the desperation to justify this brazen illegality.

g. “That all the Survey Plans from both the Meadows family and that of Mr Ubani’s client revealed that the subject land falls within the Meadows’ family land; and that the land on which enforcement was carried by LSSTF falls within the parcel of land for which Meadows family obtained judgment in their favor in Suit No LG/513/80” (I am sure he meant ID/513/80). MY RESPONSE. When I appeared at the Committee on the 11th January, 2021 I saw the desperation of everyone from the State Ministries to justify the illegality hence their recourse to a survey plan that was never part of the proceedings, I counseled myself to follow process and procedure and allow the State Government to continue in their quest to justify themselves. The truth of the matter is that the survey plan made available to the Surveyor General to chart the alleged composite plan which gave him a wrong result and report was a fake survey plan as it was never part of the court proceedings in Suit No ID/513/80. All my atfempt to point out this fact to the Committee was rejected because the Committee had already made up its plans to JUSTIFY THE ILLEGALITY THAT TOOK PLACE ON THE 31ST OF DECEMBER 2020.

Sincerely speaking when I noticed the desperation of the Lagos State Officials over this land issue, we had counseled ourselves to pursue this matter legally in the court of law, but the current press release from the Hon Commissioner has made this rebuttal very imperative to avoid a situation where lies unrefuted will be taken as truth.

I am amused by the accusation that I used social media for sympathy and blackmail. I am not seeking for anyone’s sympathy but for truth to be unveiled. Secondly I am a lawyer of reputable standing and not known for blackmailing. It will be wise for the Lagos State Government to admit this grave error and correct the injustice rather than engage in smearing a name of a lawyer that is out to pursue undiluted justice for his client. Social media is open to everyone and the Lagos State Government have just used it to convey their opinion, even though, wrongly on this issue.

I am a firm believer in Lagos State as a Centre of Excellence and I think I have contributed my own little quota to the development of the State especially pertaining to the election of this present government both at the centre and at the State level. However, I will not be intimidated in pursuing the rights of any of my clients by any government official whose office is only temporal as the State will outlive any individual.

The Lagos State Government through their officials acted wrongly in the manner they dispossessed a citizen of his land. They need to check their process and procedure in investigating cases of land grabbing to avoid aiding and abetting land grabbers in perpetuating their nefarious acts. The State Officials erred gravely over our client’s land episode and it is alarming that instead of redressing the manifest injustice, the Centre of Excellence is digging deep in infamy and encouraging anarchy. The people who grabbed our client’s land have sold out all the land to desperate buyers with the aid and assistance of the State Government. This is clearly evil, unlawful and a dent on the good name of Lagos State. That they are trying to justify this is terribly alarming!

However due to my profound respect and love to the current governor, His Excellency Mr Jide Sanwo-Olu, a complete gentleman i would have said more on this issue, but I am restrained to hold my gun powder dry. I am too sure that he is yet to know the whole truth about this sad episode.

Conscience is an open wound, only truth heals it.

A word is enough for the wise!

Monday O. Ubani Esq,

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.