By Adenike Ayodele

Lagos State Government has concluded plans to organise a justice reform summit to address challenges facing its justice system.

Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro (SAN), gave the assurance at a news conference on Monday in Lagos.

Pedro said that an efficient, modern, agile, responsible and effective justice system would ensure equitable access to justice, safeguard fundamental rights, protect property and investment while meeting evolving needs of the people.

He added that an efficient justice system would boost investor confidence and grow the economy.

He urged all stakeholders to participate in the summit and contribute their quotas to enable the state’s justice sector to address various challenges to effective justice delivery.

“The summit shall be appraising the causes and consequences of delays in the justice system, exploring innovative strategies to expedite legal processes, fostering collaboration among justice sector owners and rebuilding public and investor confidence in the administration of justice.

“The event will feature judges, scholars members of the Nigerian Bar Association – both inner and outer bar – the police, correctional officers, lawmakers, private sector representatives and others.

“We will engage in constructive dialogue to evaluate our past, assess our present and chart the course for the future,” he said.

According to him, the chief justice of Nigeria, chief judge of Lagos State, attorney-general of the Federation and Lagos State governor are among the dignitaries to participate at the summit. (NAN)

Edited by Ijeoma Popoola

By Taiye Agbaje

The Nigerian Bar Association (NBA), Bwari Branch, Abuja has identified challenges inhibiting administration of justice in the country.

The Chairman of the branch, Paul Daudu, enumerated the challenges on Friday while addressing newsmen to announce the branch’s law week in Abuja.

Daudu listed the challenges to include prolonged pre-trial detention, delayed trials, lack of access to legal representation and poor case management.

He said the problem also include conflicting and perverse judgments for superior courts of record, unethical practices by some legal practitioners and law enforcement agents, amongst others.

“There is indeed the perception by ordinary citizens that what presently operates in Nigeria is the ‘administration of law’ and not ‘’administration of justice.’

“The former being a system riddled by hybrid technicalities, legal jargon, cumbersome adjudicatory procedure and rhetoric.

“As a branch, we identify the challenges facing the administration of justice in Nigeria,” he said.

The chairman called on the legal practitioners, as guardians of the law, to reaffirm their commitment to upholding the rule of law and ensuring access to justice for all.

“Our theme for this year’s Law Week, ‘Strengthening the Foundation of Justice,’ resonates deeply with the core values of our profession and the principles upon which our legal system is built,” he said.

The News Agency of Nigeria (NAN) reports that some of the programmes at the weeklong event include a Jumat Service, a novelty football match between the senior members of the Bar and the Young Lawyers Forum, lectures, Christian thanksgiving service, among others.(NAN)(www.nannews.ng)

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edited by Sadiya Hamza

By Ebere Agozie

A Senior Advocate of Nigeria (SAN), Mohammed Ndarani says the Nigerian constitution should be review to allow customary owners of natural resources have over-riding control with regard to those assets.

Ndarani said this in an interview with the News Agency of Nigeria (NAN) on Sunday in Abuja.

He said that one of the hindrances to the realisation of the full taxing potentials of the country, is the restrictive and usurping provisions of Section 44 (3) of the Constitution.

“This section alienates the customary owners of the land and bestows on the Federal Government all rights to exploit, produce and dispose of all mineral deposits under the soil, land, waters and air in Nigeria.

“This has led to numerous growing and unrestrained agitation by the oil-producing areas.

“All legal and political restraints to the oil and sundry minerals host communities to exploit their minerals should be removed.

“I urge the abrogation, repeal and nullification of Section 44 (3) of the Constitution, the Land Use Act, 1978 and the Petroleum Act, 1969, to make allowance for and give room for resource control.

“This will give the owners of the natural resources within their enclave have over-riding control of these resources,he said.

According to him, it is absolutely an unfair deal to continue to deny and deprive the oil-bearing areas as well as those other areas that are endowed with commercial mineral deposits.

“It is more so now that oil deposits have been found in other areas of Nigeria, in that it would be justified and preferable for the federal government to partner with the States and Regional Governments to exploit.

“It will also allow them to produce, sell and share in the resources, like what obtains between the International Oil Companies (IOCs).

“I think the present case where the federal government arrogates to itself, the exclusive right to own and manage the “entire property in, and control of minerals among others is offensive and disruptive,”he said.

“This is why the modalities for oil exploration have been a major source of conflict and militancy in the Niger Delta Area.

“Making the owners of the crude oil and sundry natural resources and minerals shareholders, and partners will go a long way towards helping the federal government surmount most of the problems surrounding oil and minerals extraction and processing,” he said.

He said that the owners should exploit the benefits of their natural resources and pay taxes to the federal government, as it was during the First Republic.

“This is what is obtains in other political climes all over the world, hence I want this corrected during the amendment, or enactment, of the (new) constitution’’.

“The Supreme Court in the case of AG OF OGUN STATE v. ABERUAGBA (1985) 1 NWLR [Pt. 3] 395 @ 415, per BELLO, JSC, paras A — C did decide thus that the control of the economy is not within the exclusive power of the federation.

“Each government (Federal, State and Local) has a share in the control,’’ he added.

Ndarani said that while the constitution requires the federal government to control the national economy, it also empowers the state and local government in the development of the economy within its area of jurisdiction.

“In adopting the above views of the apex court, we should broadly and massively do a total overhaul of the revenue generation machinery and re-order the taxing powers.

“That was why we recommended Regional Governments so that the fiscal policy would devolve to the Regional and State Governments, who shall pay taxes and agreed percentages of the proceeds to the federal coffers.

“Let the regions and state be given the power to generate, exploit and sell the minerals and through that, generate the needed revenue, superintended by the federal government, to ensure that the process is flawless and transparent’’.

The senior lawyer suggested that in the alternative, the revenue allocation formula should be redesigned and altered in line with the Louis Chick Commission of 1954 which recommended as follows:

“Mining Rents, Royalties and Derivation from crude oil and minerals: i) Regions of origin = 50 per cent
ii) Federal Government = 20 per cent, and iii) Distributive Pool = 30 per cent.

He said that the distribution pool should be based on population, responsibilities placed on each regional government, the need for continuity in regional public services and the need for balanced development of the country. (NAN)(www.nannews.ng)

EPA/JPE

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Edited by Joseph Edeh

By Taiye Agbaje
A businessman, Alhaji Ibrahim Egungbohun, has filed a N5 billion suit against a journalist, Fisayo Soyombo; Foundation for Investigative Journalism (FIJ) and Arise Media Group, over allegations bordering on defamation.

Egungbohun, in a suit field by his lawyer, Bola Aidi, SAN, before the Federal Capital Territory (FCT) High Court, also sought a N10 million cost of instituting the matter.

In the writ of summons marked: FCT/CV/2286/2024 and filed on May 3, the claimant sued Soyombo, FIJ and Arise Media Group as 1st to 3rd defendants respectively.

Egungbohun, a Nigerian Customs licensed agent, is the Chief Executive Officer of IBD Impex Ltd, a company which is into clearing and forwarding of goods, construction, agriculture, real estate and oil and gas.

In the suit, he sought “a declaration that the claimant has been defamed by the 1st and 2nd defendants through the various libelous posts and innuendos made by the 1st and 2nd defendants on their X handles @fisayosoyombo and @fijnigeria.

“A declaration that the claimant has been defamed by the 1st and 2nd defendants through the libelous publications made by the 1st and 2nd defendants on the 2nd defendant’s blog fij.ng in the article titled ‘Undercover as a Smuggler’ published on 21st February 2024.

“A declaration that the claimant has been defamed by the 1st, 2nd and 3rd defendants through the libelous publication/broadcasting made by the defendants on the 3rd defendant’s television programme ‘THE MORNING SHOW’ broadcasted on 24th February, 2024.

“An order of this court for retraction of the libelous statements and tendering of public apology by each of the defendants to the claimant, to be published by the 1st and 2nd defendants on their X handles; @fisayosoyombo and @fijnigeria and on the 2nd defendant’s blog fij.ng, and to be published/broadcasted by all the defendants in the 3rd defendant’s television programme ‘THE MORNING SHOW.’

“An order of this court restraining the defendants from any further defamatory publications (including the use of innuendos) against the claimant on their X handles, website, TV programmes or any other means of publication.

“The sum of N5,000,000,000.00 (Five Billion Naira) as general damages. The sum of N10,000,000, 000.00 (Ten Million Naira) being the cost of instituting this Suit.”

In his statement of claim attached to the suit, Egungbohun, who hails from Ogun, said he is a socialite and also the owner of IBD International Hotel in Ogun.

According to him, his hard work, integrity, dedication and tenacity has given him business goodwill among well-meaning Nigerians and has enabled him to establish business and personal relationships with top Nigerian businessmen and politicians.

He averred that sometime in February 2024, Soyombo began a calumny of defamation against him through his X handle page; @fisayosoyombo.

He alleged that on Feb 21, Soyombo posted and shared on his X handle page a defamatory article titled: “Undercover as a Smuggler” and published on the FIJ’s blog wherein he was tagged a smuggler.

The claimant further alleged that the said article had a subcaption: “Popular Socialite Arrested For Gun Running, Ibrahim IBD Dende Regains Freedom.”

He said in the article, they alleged that, “The status of the founder of the hotel, Ibrahim Dende Egungbohun, more commonly known as IBD Dende’, as ILARO’S BIGGEST SMUGGLER, has been helped by his proximity to power, coupled with the influence he has amassed with his wealth.

“,..Beyond the LAUNDERED IMAGE of him in the media, however, the real Dende HAS BEEN ARRESTED FOR SMUGGLING MULTIPLE TIMES; but on each occasion, he emerged unscathed. He is that connected.

“,..Dende used to import Turkey, but he subsequently SMUGGLED GUNS and his cover was blown… Dende also SMUGGLED CARS, his patronage transcending the political class.

“As he entrenched his interests in the SHADY TRADE through the years, he started to build a legion of foot soldiers to perfect the DIRTY WORK on his behalf.

“Some of those boys whom Jide knew personally were bringing in high-value automobiles STASHED WITH ARMS AND AMMUNITION ON DENDE’S BEHALF when they were apprehended in 2018.”

Egungbohun averred that the defamatory and character assassinating posts made against him by the defendants are permanent in nature.

According to him, permanence of the publication means that the claimant’s good name and reputation has been smeared for life by the libelous posts of the defendants.

He said he would rely on all electronic generated evidence mentioned in his statement of claim and would rely on and tender a Certificate of Compliance in line with the provision of the Evidence Act during trial.

The matter is yet to be assigned to a judge as at the time of filing the report.(NAN)(www.nannews.ng)
TOA/IS
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Edited by Ismail Abdulaziz

By Taiye Agbaje

A Federal High Court in Abuja has asked the former Governor of Kogi, Alhaji Yahaya Bello, to appear in court for his trial.

Justice Emeka Nwite, in a ruling, held that even if an arrest warrant issued against him was illegally obtained, the defendant (Bello) should still show up in court.

The judge had, on April 23, fixed May 10 for the ruling on the ex-governor’s application to set aside the arrest warrant against him.

The EFCC’s lawyer, Rotimi Oyedepo, SAN, had, on April 17, moved the ex-parte application for the arrest warrant.

But Bello’s counsel, Adeola Adedipe, SAN, on April 23, prayed the court to set aside the arrest warrant against their client

He said that the arrest warrant had become unnecessary since their lead counsel, Abdulwahab Mohammed, SAN, had accepted the service of the charge on behalf of the ex-governor.

He argued that the arrest warrant order, having been made before the charge, ought to be set aside suo motu (on its own accord, without any request by the parties involved).

The senior lawyer argued that contrary to the submission of the lawyer who appeared for EFCC, Kemi Pinheiro, SAN, that the ex-governor must be in court first before any application could be entertained as a criminal case.

He said that the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it.

The lawyer submitted that the arrest warrant was issued in favour of the EFCC by the court in violation of fair hearing to their client.

He noted that the complainant made an application for substituted service on April 18, after the arrest warrant had been issued on April  17 and “today, my noble lord granted it.”

“The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued.

He argued that justice should be a three-way traffic; that is, justice to the prosecution, the defendant and the public.

He said for Bello to appear in court, he must have the notion that he would get justice.

Adedipe also argued that the EFCC was an unconstitutional body because its establishment was not ratified by the 36 states of the federation.

He said that for the EFCC to become a constitutional body, the 36 states of the federation must ratify the law establishing it as against the current position, that the EFCC Establishment Act was unilaterally ratified by the Federal Government.

He, therefore, asked the judge to vacate the arrest warrant against the former governor.

But Pinheiro vehemently opposed the application.

The senior lawyer argued that for the arrest warrant to be vacated, the former governor must be arraigned and take his plea in compliance with Section 396 (2) of the Administration of Criminal Justice Act (ACJA), 2015.

Delivering the ruling on Friday, the judge agreed with the argument of the EFCC.

He said that the order of the court subsisted until it is set aside, even if there is irregularity.

The judge said Yahaya Bello’s staying away amounted to disregard to the sanctity of the court.

“Therefore, the application by the counsel for the defendant cannot be moved unless the defendant is present in court.

“Bello should come to court on his own, not through EFCC for arraignment on the next adjourn date,” the judge declared.

Meanwhile, shortly after the ruling, Mohammed, who appeared for the former governor, informed the court of a motion on notice filed on May 9.

He said the motion prayed the court to stay further hearing of the alleged money laundering suit filed against Bello until the Court of Appeal decides a pending case relating to the same matter.

The senior lawyer said the anti-graft agency had, by a motion ex-parte, got an order of the Appeal Court stopping the contempt proceedings filed by the ex-governor against the agency at the High Court sitting in Lokoja.

He said the appellate court had already fixed May 20 to hear the case.

He said it would be important the Federal High Court, Abuja awaits the outcome before going further with the trial.

But the EFCC’s lawyer, Oyedepo, disagreed with Mohammed’s submission.

In a short ruling, Justice Nwite refused Mohammed’s application.

The judge said that the matter had generated controversy all over the world and was unnecessary.

Reacting, Mohammed responded that the former governor was not afraid to come to court but was only afraid of his life.

Justice Nwite, however, said that Bello should not be misguided but should be advised to come and answer to the alleged charge.

“It is just a charge. It has not been proven. Counsel, it is your duty to bring him and you prepare yourselves.

“We thank lordship. We will take your admonition to him because that is just his fear,” Mohammed said.

He assured that efforts would be made to contact the former governor to appear in court at the next adjourned date.

Justice Nwite consequently adjourned the matter until June 13 for arraignment.(NAN)

Edited by Kayode Olaitan

By Ebere Agozie

Mr Afam Okeke, the Chairman of the Nigerian Bar Association (NBA), Abuja Branch says deployment of laws will ensure national stability and development.

Okeke made this known at a news conference to announce the start of the branch’s 2024 Law Week with theme: ‘Deploying the Law to Attain National Stability and Development’.

“As lawyers, we have a firm belief that once the law is properly deployed, we will have national stability and development as law is key to the development of any country.

“Because of the challenges our country is facing now, we are now suggesting to the political actors and leaders that there is the need to deploy the law to solve the issues bedeviling the country, ranging from the economy and insecurity to other challenges.

“ We don’t have shortage of laws, we have sufficient laws to solve our problems but the challenge is in doing the right things’’.

He said the seven day programme for the Law Week would include four sessions of discussion of different topics, one of which is ‘The Role of the Judiciary in Upholding Democratic Values and Principles in Nigeria’.

“Looking at the legality of constituency project issues recently raised at the National Assembly, we thought it wise to bring eminent legal practitioners and other knowledgeable Nigerians to discuss the legality or otherwise of constituency projects.

“We have to look into the law and constitution to know if we are doing the right thing’’.

Okeke added that insecurity, which is one of the challenge facing the country will be discussed under the topic: `Using Technology and Other Non-Kinetic Means to Solve Insecurity Challenges in Nigeria’.

He believed that at the end of the session, participants should be able to get an insight on how to contribute towards tackling the insecurity challenges in the country.

He added that the branch would visit an orphanage and also some of their members who are facing one challenge or another to encourage them and give them a sense of belonging. (NAN)

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Edited by Sadiya Hamza

By Taiye Agbaje

A Magistrate Court sitting in Wuse Zone 2, Abuja, on Friday, ordered the Federal Capital Territory Internal Revenue Service (FCT-IRS) to seal off a company, Ifedi A.K. Nigeria Ltd, over allegations bordering on non-filing of annual returns.

The Magistrate, Janada Balami, gave the order after lawyer to FCT-IRS, Michael Towolawi, moved the application to the effect.

Towolawi told the court that the company had failed to file its annual returns from 2019 to 2023 in breach of Section 81 of the Personal Income Tax Act, LFN, 2004, and amended in 2011.

He said all efforts to make the company comply with the law proved abortive.

The lawyer, therefore, applied that the company be compel to appear before the court to explain why it acted in breach of the law.

Balami, who held that the application by the agency against the company had merit, accordingly granted same to seal the No 6, Rudolph Close, Off Katsina-Ala Street, Maitama, Abuja.

She, consequently, ordered the company, the sole defendant in the matter, to appear before the court on May 16.

The Director, Legal Services of the FCT-IRS, Festus Tsavar, told journalists after the proceeding that the service would move against companies that do not file their annual returns as provided by law.

“You know that we have a new minister in FCT that is doing a lot of projects and that hinges on money.

“And of course, you are aware that FCT has come out of TSA.

“So it is the internally generated revenue that will make the government of FCT to be able to do those projects completely within required time,” he said.(NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Taiye Agbaje

An Abuja-based human rights and constitutional lawyer, Emmanuel Ekpenyong on Wednesday, said he would appeal a judgment of the Court of Appeal, which dismissed his case against the Federal Government on alleged prevalence of extra-judicial killings in the country.

The Appeal Court sitting in Abuja had upheld a lower court’s judgment that dismissed his suit seeking to address the increasing cases of extra-judicial killings by the law enforcement agencies and non-state actors.

But Ekpenyong of the law firm of Fred-Young & Evans LP, in a chat with newsmen, said he would seek redress at the Supreme Court.

The three-member Justices, chaired by Justice Joseph Oyewole, unanimously held that the appellant, Mr Ekpenyong, lacked requisite locus standi (legal right) to file the appeal.

The appellate court held that the surviving paragraphs of the lawyer’s originating summons fails to disclose a reasonable cause of action as to vest him with the requisite locus standi.

“While the courts have a duty to ensure that genuinely aggrieved citizens are not shut out, this does not entail entertaining hypothetical and academic issues as contained in the appellant’s originating summons.

“The power conferred on the courts by Section 6(6) of the constitution must be deployed to resolving real disputes and attending to genuine grievances.

“It does not extend to the consideration of academic and hypothetical questions and issues,” Justice Oyewole, in the lead judgment, said.

On whether the cost of N100,000 awarded against the appellant by the lower court was excessive and meant to punish him for daring to apply to the court for interpretation of the extent of his fundamental right, the appellate court resolved the two issues against Ekpenyong.

Justice Oyewole held that costs are awarded at the discretion of the court which discretion must be exercised judicially and judiciously.

According to him, where the exercise of discretion was lawfully made, an appellate court cannot interfere.

He agreed with the respondents that the award of cost by the lower court was not punitive, arbitrary or in any manner unlawful.

“Costs follow events and a public interest action found to be fabulous cannot escape the payment of costs simply on account of being a public interest action.

“I therefore see no basis to interfere with the award of costs made in this instance and I also resolve this issue in favour of the respondents and against the appellant.

“In totality, this appeal lacks merit and it is accordingly dismissed.

“Cost of N250,000.00 is awarded in favour of the respondents and against the appellant,” Justice Oyewole declared.

Although the judgement was delivered on March 27, 2024, its certified true copy was made available to newsmen on Wednesday in Abuja.

Other members of the panel include Justices Abba Mohammed and Peter Obiorah.

It would be recalled that Ekpenyong, a Nigerian citizen and legal practitioner, had appealed against a judgment delivered on May 6, 2022, by Justice Nkeonye Maha of a Federal High Court, Abuja.

In the appeal number: CA/ABJ/1200/2022, the lawyer listed the President, Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as 1st and 2nd respondents.

The appellant prayed the Appeal Court to allow the appeal and set aside the whole judgement.

Justice Maha, who earlier dismissed the suit, held that Ekpenyong failed to present sufficient facts in proof of the case.

She, therefore, dismissed it for lack of reasonable cause of action against the defendants (President and AGF) and awarded a cost of N100, 000.00 against the plaintiff.

In the suit, Ekpenyong alleged that the wanton loss of human lives in Nigeria in recent times has put him as a “person” described under Section 33 (1) of the Nigerian Constitution in reasonable apprehension that his right to life under Section 33 (1), Chapter IV of the Nigerian Constitution is likely to be contravened.

In the originating summons marked: FHC/ABJ/CS/755/2020 dated and filed July 10, 2020, the plaintiff submitted six questions for determination.

Ekpenyong urged the court to determine whether his right to life enshrined in Section 33 (1) of Nigerian Constitution “means the protection of the plaintiff’s life beyond mere physical and animal existence and extends to the right to live a meaningful, complete and dignified life?

“Whether the plaintiff’s right to life enshrined in Section 33 (1) of the 1999 Constitution prohibits any unlawful acts of omission or commission by the Nigerian state, Nigerian police, other law enforcement agents and private individuals which are capable of terminating the plaintiff’s life?

He then sought an order of mandatory Injunction compelling the defendants to take immediate steps to overhaul and reform the Nigerian police and other law enforcement agencies to incorporate forensic science in their criminal investigations to address extra-judicial killings by both state and non-state actors.

He said this would also help to ensure that every unlawful death committed are thoroughly investigated and the culprit arraigned before a court of competent jurisdiction, among other reliefs.(NAN)(wwww.nannews.ng)

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edited by Sadiya Hamza