OPINION: MY ISSUES FOR 2015

OPINION: MY ISSUES FOR 2015

I attended a professional event
about three weeks ago and during lunch we were all encouraged to network and
get to know one another, most people in the room were lawyers anyway and we were
all able to get along fine. Until I ran into a politician who is a PDP card
carrying member, not that I belong to any political party neither do I favour
one over the other even though we were having lunch in an APC governed State
because I believe all Nigerian political parties lack ideology and their
members are just in whichever party that best serves their private gains at the
moment, a look at how quick they cross from one platform to the other is proof
of same.

Coincidentally, earlier in our
discussions that day, we treated a scenario where one of the parties was
labelled a PDP fixer and Mr. PDP was all too glad to tell me how APC was the
party of fixers and  PDP will save Lagos
State from BRF whom he believed was a failure. Now, having lived in Nigeria and
witnessed a PDP led national government I was not going to agree with him.
Moreover, the blind can see and the deaf can hear about the successes of BRF in
Lagos so I was quick to ask my new acquaintance why he felt so strongly.

“See my friend, Fashola has not tried at all, APC is sharing 60 % of
Lagos State revenue between its party leaders
”, but you do not have proof
of how 60% of the money made in Lagos is paid into private accounts I said,
your statement is based on conjecture and rumours, what about the development of
road infrastructure in Lagos I replied.

That’s even worse” quipped Mr.PDP “Fashola has not done anything, I know a street in Maryland where the
road is soo bad, you will wonder if we had a government in this state
”. “So
you will judge BRF as a failure because one road in Maryland has pot-holes I
said?” At this point, Mr PDP went on and on about how PDP will construct better
roads bla bla bla and right then it occurred to me that as we approach 2015 and
after 54 years of existence, some of our national and local politicians are
completely unaware of what the country needs at this time.

Fellow Nigerians, woe to the
politician who preaches about roads, water and stomach politrics. Who believes
that he can play the same old script used in 1999 elections for Nigerians in
2015 and get away with it. As an expo to any willing public servant contesting for
any political office in the coming elections, here are a list of issues which I
believe are of importance to our Nation in this day and age, you can feel free
to add others to the list;
1.       The
recognition that Nigeria’s greatest resource is not oil and fertile land but
rather the human capital that is left untapped in our over 150 million people, how
the beautiful minds of our youth and younger generations will be equipped to
take on the challenges that face us as a people.
2.       How
Nigeria can take its rightful place among the comity of Nations as a global
leader.
3.       How
jobs can be outsourced from the Western countries into Nigeria, a classic
example of countries which have achieved this are India and Pakistan where their
techies are being employed from countries like the UK and the USA to perform IT
related jobs like building websites to other income generating opportunities.

4.       How
to promote unity and foster cooperation among the warring factions in the
country.
5.       A
well thought out plan to tackling terrorism and insurgency.
6.       How
to mentally, materially and physically empower our security operatives in other
to provide adequate security for the nation.
7.       A
game plan for uprooting corruption from the hearts and minds of Nigerians.
8.       The
reformation and enforcement of the rule of law.
9.       Economic
policies that support entrepreneurship and wealth creation.
10.   Writing
and promoting the Nigerian dream, the ideology that will bind all Nigerians in sincerity
of purpose.
11.   Social
welfare and legal aid.
12.   30%
of youth inclusion when distributing government responsibilities and
portfolios.

I excluded
roads and power generation from the list because we must not allow mediocre
politicians to bamboozle us with what is our right, good roads are our rights
as Nigerians and not a campaign promise which we must thank the politicians
for. If a politician cannot grasp and share how he intends to tackle the above
mentioned issues, then he or she is not equipped to rule a dynamic country like
Nigeria.

Please feel
free to include any other thing you believe should be on the list and let’s put
these political office seekers to the test. May the best man win.
Adedunmade
Onibokun, Esq
@adedunmade   

Domestic Violence in Nigeria by Biola Adimula

Domestic Violence in Nigeria by Biola Adimula

Nigeria has one of the highest rates of domestic violence in Africa.
More than two thirds of Nigerian women are believed to experience physical, sexual and psychological abuse at the hands of their husbands.

A small-scale study conducted in the Lagos and Oyo states revealed that nearly 65 percent of educated women said they had been beaten by a partner, boyfriend or husband, while 56 percent of lower-income market women experienced similar violence.
In Nigeria, the social context of violence against women is based on the traditional patriarchal structure that defines gender. It is the belief in Nigeria that when a woman is married, she surrenders to her husband. She is required to provide “sex and obedience” to her husband according to a development report produced by Amnesty International. According to the African Journal of Reproductive Health in 2005, a husband has the liberty to “violate and batter” his wife if he feels she has not adequately fulfilled her obligations.
Amnesty International calls Nigeria’s rate of domestic violence “shocking,” and has called on the local governments to do something to stem the violence.
“On a daily basis, Nigerian women are beaten, raped and even murdered by members of their family for supposed transgressions, which can range from not having meals ready on time to visiting family members without their husband’s permission,” says Stephane Mikala of Amnesty International. “Tragically, husbands, partners and fathers are responsible for most of the violence against these women.”

Domestic violence in Nigeria is neither against the law, nor do the victims receive full legal support, as many prefer to stay in abusive relationships than leave and face the ridicule of living outside wedlock. There is no government or charitable funding in Nigeria to support this area of work and raise awareness.

Women and Child Watch Initiative (WOCWI)

WOCWI is a not for profit organisation based in Nigeria which works with vulnerable women and children who experience violence, forced marriages, trafficking, HIV and other severe social problems. The organisation became an official partner of The Haven Wolverhampton in October 2011.

WOCWI strives to initiate, foster and promote activities that will enhance the welfare of women and children for the overall progress of society.

The Haven Wolverhampton has hosted visitors from WOCWI through the Commonwealth Fellowship Programme since 2010.

In September 2010 Barrister Biola Ruth Adimula and Chief Nursing Officer Deborah Afolabi who work on behalf of WOCWI visited The Haven Wolverhampton. During their time in Wolverhampton Ruth and Deborah Biola hoped to acquire knowledge in order to strengthen counselling services for victims of Domestic Violence in Nigeria, taking inspiration from the Haven, and extending their services to incorporate a 24 hour telephone service.

Other areas of development included defending the rights of victims, supporting pressure groups on advocating the passing of law against Domestic Violence, organising training programmes for Women Lawyers in Nigeria to strengthen their support for women experiencing Domestic Violence and engaging the victims awareness training. 

Download the evaluation report of the Commonwealth Professional Fellow’s Programme at The Haven Wolverhampton 2010 written by Biola Adimula here.

In September 2011 Oluwatoyin Opawoye (Nursing Officer), Benjamin Adekunle Okeowo (Journalist) and Edetan Olanike Folashade (Scientist) visited The Haven Wolverhampton as part of the second Commonwealth Fellowship Programme visit in conjunction with WOCWI. 

As well as meeting with Haven staff and external service providers, our visitors also had the opportunity to meet The Haven Wolverhampton’s Daphne Project partners. Download the evaluation report of the Commonwealth Professional Fellow’s Programme 2011 written by Edetan Olanike Folashade here.
Source: http://www.havenrefuge.org.uk

Enforcing an arbitration award in the UAE By James Foster

Different regimes apply in the UAE for enforcing international awards and local awards (ie awards made within the UAE).

International arbitration awards

The UAE is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention). Arbitration awards made in the UAE can be enforced overseas in the many other countries which have signed up to the Convention and also, importantly, awards made in other Convention countries can be enforced in the UAE.

There are also other conventions and treaties to which the UAE is a party which deal with reciprocal enforcements of awards between countries in the Gulf Cooperation Council (GCC), of which the UAE is one, and other Arab and North African countries.
The Convention is intended to make enforcement of arbitration awards between the member countries both consistent and relatively easy. Although enforcement of an award under the Convention is not automatic, there are only certain closely defined exceptions to the general rule that enforcement should be allowed. The intention is that the Convention provisions should take priority over the local rules which would otherwise apply to enforcement in the country in question.
The UAE’s accession to the Convention in 2006 provoked much debate at the time about the attitude which the local UAE courts would take towards enforcing a foreign arbitration award under its provisions. The local courts in the UAE have always taken a conservative view toward arbitration, regarding it as a possible encroachment on their powers and exclusive jurisdiction. Arbitration awards had always previously been recognised and enforced only under the strict conditions provided for under UAE law.
The early decisions of the UAE courts on enforcement of Convention awards confirmed the suspicion that there would be a general reluctance to depart altogether from local UAE law principles on enforcement, despite the clear provisions of the Convention.
However, prompted perhaps by the UAE’s wish to be recognised as an internationally desirable place to do business, more recent decisions have shown a marked trend towards enforcement strictly in accordance with the Convention provisions. As a consequence, and perhaps ironically, it is now easier to enforce an international arbitration award in the UAE than it is to enforce a local award.

Local arbitration awards

In the case of a local award, the traditional approach continues and the courts will only ratify and enforce an award under the strict conditions set out in the UAE Civil Procedure Code.
A provision in the Code which often causes difficulties says that an award may not be ratified and enforced by the local courts “If an invalidity occurs in the ruling or in the procedures which influence the ruling”. These words are often used as the basis for a challenge to an award on highly technical and unmeritorious grounds.
Such challenges sometimes succeed, and even if they do not, there are two stages of automatic appeal from the court which first hears the challenge. This can lead to months and sometimes years of delay, during which time enforcement of the award will usually not be possible.
Strictly speaking, the UAE courts have no power to review the merits of an arbitration award if the other conditions for ratification and enforcement are satisfied. But in practice challenges based on the merits are often dressed up as challenges for a supposed “invalidity … in the ruling or in the procedures”, which then results in the courts undertaking a review of the merits and setting aside the award. In those circumstances, it is difficult to have confidence in the supposed finality of an arbitration award.

Banyan Tree v Meydan

Against this background, the Dubai International Financial Centre (DIFC) Court’s decision inBanyan Tree Corporate PTE Ltd v Meydan Group LLC has attracted considerable attention. The court in that case decided that it had jurisdiction to recognise and enforce a local award made by the Dubai International Arbitration Centre.
That part of the decision was no surprise, but many had assumed that the DIFC Court’s jurisdiction to recognise and enforce a local award was limited to cases where the parties or the dispute had some connection with the DIFC. However, the DIFC Court went on to decide that no such connection was necessary.
The DIFC Court did not need to decide in Banyan Tree whether the presence of assets within the physical boundaries of the DIFC was a precondition of it having jurisdiction to recognise and enforce, but there are good reasons for thinking that it is not a requirement.
If so, it raises the intriguing possibility that a local award can be recognised and enforced by theDIFC Court – and a judgment of the DIFC Court obtained to that effect – even where there is no connection of any kind with the DIFC and even where the only assets are outside the DIFCboundaries and can therefore only be executed against through the local courts.
This prospect has caused a stir in the UAE legal community. Although the local courts would still have to be involved in executing the DIFC Court’s judgment against the assets outside the DIFC, the local courts must observe the terms of an agreed enforcement protocol with the DIFC Court when executing DIFC Court judgments. In particular, the local courts “may not reconsider the merits of the judgment, decision or order”.
Does this mean that technical challenges to an arbitration award can still be made at that stage under the UAE Civil Procedure Code? Or will the local courts, when executing the award, respect the DIFC Court’s judgment and decide that the a.ward is to be executed without any further enquiry? The answers to those questions will no doubt become clear. When they do, it will be interesting to see whether the local courts maintain the conservative approach they did in the early days of the Convention, or whether the more arbitration friendly approach of recent decisions will be apparent.
In the UAE we live, as the saying goes, in interesting times …
Source – http://www.wragge-law.com/insights/dispute-resolution-in-the-united-arab-emirates-what-are-the-options-part-three-enforcing-an-arbi/
PROFILE:- YEMI CANDIDE JOHNSON SAN

PROFILE:- YEMI CANDIDE JOHNSON SAN

Yemi Candide-Johnson is the senior partner at Strachan Partners. He was called to the Nigerian Bar in July 1984 and conferred with the rank of Senior Advocate of Nigeria in September 2003. He received his LLM degree from the University of London in 1984 and between 1984 and 1990 was counsel in the leading chambers of Jon B MajiyagbeSAN, in Kano, Nigeria. He moved to Lagos in 1990 to establish the Lagos practice of that firm and in 1994 led the founding of Strachan Partners.

Yemi is an author of several scholarly papers, he recently co-authored the book Commercial Arbitration Law and International Practice in Nigeria, a significant and substantial contribution to arbitration practice in Nigeria and West Africa. He is continuously engaged as leading counsel in ongoing major and high-profile commercial and public policy litigation across the courts in Nigeria and has been either counsel or arbitrator in several domestic and international commercial arbitrations in the maritime, petroleum, banking and construction industries. Yemi has chaired or sat as co-arbitrator in a number of arbitration proceedings including construction, petroleum and public matters.
He recently advised the international consortium in the billion-dollar reclamation and development of Eko Atlantic City, Lagos – a landmark revolutionary project in the history of Nigeria. Yemi also successfully defended the government on the use of the newly introduced vehicle registration documents and drivers’ licences. In a number of cases, he has successfully prosecuted matters that are of public concern, for example, the removal proceedings of the managing director of Cadbury Nigeria Ltd, the decision of which impacted the stock market at the time.
 He is a fellow of the Chartered Institute of Arbitrators of England (FCIArb), an approved examiner for the same institute and an honorary fellow at the Centre for International Legal Studies in Salzburg, Austria. He is a supporting member of the London Maritime Arbitration Association, and at home he is a member of the board of directors of the Lagos Court of Arbitration and immediate past chairman, Nigeria Bar Association, section on business law.
 In a number of cases, he has successfully prosecuted matters that are of public concern, for example, the removal proceedings of the managing director of Cadbury Nigeria Ltd, the decision of which impacted the stock market at the time.
Yemi also continues to represent clients’ interest in various commercial real estate developments in Nigeria, particularly in Abuja, Port Harcourt and Lagos; and advises individuals, corporations, foreign and local government departments on various commercial transactions.

TWO YEAR JAIL TERM FOR WITCHES & WIZARDS

If you have lived in Nigeria for
a while then you must know how religious Nigerians can be, a visit to a church
or mosque will prove same and before the introduction of Christianity and
Islam, indigenous Nigerians also had their gods which they worshipped. One more
thing about Nigerians is that the relics of the ideas behind our superstitions
still live among us. Don’t be surprised if a misfortune befalls a Nigerian you
know and such person begins to skabbash pray against evil spirits whom
he believes may be after him, the news have in the past been filled with
stories of people who attacked their relations and claim such relation was the
witch or wizard behind their misfortune. 
Anyway, Nigerians have been like this for a long time and even the law
recognizes that some people use charms and juju, that’s why the Criminal Code
provides for offences in relation to witchcraft and juju.  
Section 210 of the Criminal Code, Cap C38 of the Laws of the federal
Republic of Nigeria
provides that;

Any person who –
(a)  
By his
statements or actions represents himself to be a witch or to have the power of
witchcraft; or
(b)  
Accuses
or threatens to accuse any person with being a witch or with having the power
of witchcraft; or
(c)   
Makes or
sells or uses, or assists or takes part in making or selling or using, or has
in his possession or represents himself to be in possession of any juju, drug
or charm which is intended to be used or reported to possess the power to
prevent or delay any person from doing an act which such person has a legal
right to do, or to compel any person to do an act which such person has a legal
right to do, or to compel any person to do an act which such person has a legal
right to refrain from doing, or which is alleged or reported to possess the
power of causing any natural phenomenon or any diseases or epidemic; or
(d)  
Directs
or controls or presides at or is present at or takes part in the worship or
invocation of any juju which is prohibited by an order of the President or the
governor of a state; or
(e)   
Is in
possession of or has control over human remains which are used or are intended
to be used in connection with the worship of invocation of any juju; or
(f)    
Makes or
uses or assists in making, or has in his possession anything whatsoever the
making, use or possession of which has been prohibited by an order as being or
believed to be associated with human sacrifice or other unlawful practice;
Is guilty of a misdemeanor, and is liable to
imprisonment for two years
Thus, if you
fly on a broom at night
persons who are identified as witches can be
prosecuted in the court of law. However, I am yet to witness anyone being
prosecuted under this law, I wonder if with the superstitious nature of
Nigerians any policeman will like to be the prosecutor or if the Judge will be
reluctant to take the matter in court. Who want make winsh come meet am for
night
.    Furthermore,
Section 213 states that-
Any person who – 
  
(a)  
Makes,
sells or keeps for sale or for hire or reward, any fetish or charm which is
pretended or reputed to possess power to protect burglars, robbers, thieves or
other malefactors, or to aid or assist in any way in the perpetration of any burglary,
housebreaking, robbery or theft, or in the perpetuation of any offence
whatsoever, or to prevent, hinder or delay the detection of or conviction for
any offence whatsoever; or 

(b)  
Is found
having in his possession without lawful and reasonable excuse (the proof of
which excuse shall lie on such person) any such fetish or charm as aforesaid;Is guilty of a felony, and is liable on
imprisonment for five years.
 This relates to persons who use
charms to perpetuate criminal activities.
Adedunmade Onibokun
@adedunmade
Adedunmade is legal practitioner
in Lagos, Nigeria. He holds a Masters in International Business Law from the
University of Bradford and published the law blog lealnaija.blogspot.com

MOB JUSTICE IS A CRIME

 It was
a sunny Saturday afternoon, I was about 8 and mum was making lunch in the
kitchen while I watched T.V, the house was filled with aunts and uncles who had
come to visit and dad was playing host. Suddenly we heard the shouts from a
large crowd on the street and instinctively we all rushed out to find out what
was going on. Initially, it was hard to figure out what was happening in the
midst of all the people and their different excited voices until we were able
to see ahead to where the crowd had gathered around a middle aged man who was
stark naked, bleeding from different parts of his body and was seriously pleading
for his life, his face covered in tears/blood/sand/. 

Information
quickly reaching me stated that the victim of this mob action had been accused
of stealing hence the inhuman treatment. He was paraded from one end of my street
to the other, accompanied by area boys wielding sticks, whips or whatever they
could get their hands on and not in the least hesitating to use it  on the victim’s bare skin. I wanted to follow
the mob but my parents were having none of it, I was directed to go into the
house and took position by the window trying to see what happened next. Eventually,
the mob moved from the front of our house and half-beat/half – dragged the
alleged thief with them. Later on I learnt the man was forced to drink a
mixture of cement and he was left by the road to die while his insides
solidified as the cement in his lungs and stomach choked him to death. That was
my first experience of mob justice and I still remember it after over 20 years. 

Mob
justice is when a large angry mob takes justice into their own hands and it
usually ends with someone getting beating to a pulp, paraded naked in public
and even set on fire or killed. It refers to a situation in which a large
disorganized crowd of people resort to violence and destruction in an attempt
to ensure fairness and equity for themselves without recourse to the
institutionalized public bodies entrusted with this responsibility. It’s a very
barbaric way of dispensing justice and should have no place among common folk.
Mob
justice is not however unique to Nigeria and it would be unfair to characterize
it as such. One infamous lynching in particular that really shocked the world
and helped to spark the civil rights movement in the United States was in
August 1955, when 14-year-old Emmett Till was beaten, his eyes gouged and shot
in the head. His body was then thrown in the Tallahatchie River with a 70-pound
cotton gin tied around his neck with barbed wire. His crime? Allegedly
whistling at a white woman.
Mob action
can be attributed to ineffective prosecution, a weak judicial system and
evidence of a culture of impunity. In addition, this judicial failure is prompting
the security agencies to join mob action through the shoot and kill policy.
Factors that contribute to the escalation of mob action include an
under-resourced police personnel, growing crime rate, poor police-civilian
relations as well as impatience on the part of people to wait for the law to
take its course.
LAW
Most
justice or mob lynching is a crime and must be castigated.  Section 33(1) of the 1999 Constitution tells
us that “[E]very person has a right to life and no one shall be deprived
intentionally of his life, save in execution of the sentence of a court in
respect of a criminal offence of which he has been found guilty in Nigeria.” 
Every
individual according to Section 34 of the Constitution is also entitled to
respect for the dignity of his person and no person shall be subject to torture
or inhuman or degrading treatment; neither shall any person be held in slavery
or servitude; and no person shall be required to perform forced or compulsory
labour.  Also, Section 36 of the Constitution provides that “every person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality. Mob justice is a violation of these rights, so also is torture by the
Nigerian police or any other member of the armed forces/security agencies that
use such ineffective tactics of investigation.
 
Furthermore,
Section 315 of the Criminal code, Cap C38, LFN 
provides that “Any person who unlawfully kills another is guilty of an
offence called murder or manslaughter, according to the circumstances of the
case.” Setting a person on fire or beating a person to a pulp till they die in
the name of mob justice is cold blooded murder and punishable by law. Other elements
of crime involved in mob justice include: assault and battery as stated in
Sections 351-356. Chapter 54 also tells us that it is a criminal offence to
conspire with other persons to commit a crime. Grievous harm (i.e. “bodily hurt
which seriously or permanently injures health, or which is likely so to injure
health, or which extends to permanent disfigurement or to any permanent or
serious injury to any external or internal organ, member, or sense)is an
offence under the criminal code. 
People
who participate in mob actions either by jeering the crowd or participating in
the actual acts of violence are not left off the hook as Section 7 of the
Criminal Code is very clear that:
“When an offence is committed, each of the
following persons is deemed to have taken part in committing the offence and to
be guilty of the offence, and may be charged with actually committing it, that
is to say-
(a) every person who actually does the act
or makes the omission which constitutes the offence;
(b) every person who does or omits to do any
act for the purpose of enabling or aiding another person to commit the offence;
(c) every person who aids another person in
committing the offence;
(d) any person who counsels or procures any
other person to commit the offence
.”
Putting
an end to mob justice will take a collective effort from all levels of
government in sanitizing and informing the public about its ills and the
punishment involved in participating in such acts. Also, effective
public-police relations, strong police accountability and a swift
administration of justice in criminal cases should be maintained. This means the
government should undertake a broad popular education campaign aimed at
improving public understanding of the criminal justice system and discouraging
mob justice. The government should also address the failings in the police and
judicial system.
Adedunmade
Onibokun, Esq.
@adedunmade
Adedunmade
is a legal practitioner in Lagos, Nigeria. He holds a Masters degree in
International Business Law from the University of Bradford and publishes the
Legalnaija law blog

RIGHT TO THE  DIGNITY OF OUR HUMAN PERSON

RIGHT TO THE DIGNITY OF OUR HUMAN PERSON

source: newsexpressngr.com
It is quite sickening when I watch
videos, see pictures or read stories of people who are victimized for one
reason or the other by members of the public on the pretext that such people
have been accused of committing crimes. 
It is more troubling when such acts are carried out without referring
the accused to a court of justice or at least to the police because most times,
the allegations are usually false.  A case
in point is the Aluu4 tragedy where four students were falsely accused of being
thieves by a debtor who was trying to avoid paying his debt and the community
gathered a mob who beat, set ablaze and killed the four promising youths in
cold blood or the woman accused of stealing in a popular Lagos market and was
stripped naked, beating, sexually assaulted and paraded by the hoodlums in the market.
It’s funny how most Nigerians look away or join the fun rather than fight to
protect the rights of the Nigerian being breached and probably save them from
the violent implications of mob justice.   
Security agencies are also not
absolved from inflicting acts of inhuman and degrading treatment on accused
persons held being bars, it’s not unusual to see policemen beating, slapping
and man-handling citizens because they refuse to follow the policeman’s orders.
It’s a rule of thumb that you wouldn’t want to cross a solder or you may as
well be ready for maximum shishi a torrent of blows and cracks from a
horse whip. It sickens me when I come across instances where Nigerians are
treated like second-class citizens in their country by the very agents employed
to protect them. This is an act that cannot continue with impunity, the
provisions of the Constitution cannot continue to be trampled on. 
Every individual according to
Section 34 of the Constitution is entitled to respect for the dignity of his
person and no person shall be subject to torture or inhuman or degrading
treatment; neither shall any person be held in slavery or servitude; and no
person shall be required to perform forced or compulsory labour. Mob justice is
a violation of this right, so also is torture by the Nigerian police or any
other member of the armed forces that use such ineffective tactics of
investigation. 
source: Google
It is important to note that, any
labour required in consequence of the sentence or order of a court or any labour
required of members of the armed forces or the police force in pursuance of
their duties do not come under this rule. Neither does any communal service,
civic obligation to a community or act of compulsory National service come
under this rule. 
The National Human Right
Commission is saddled with the responsibility of protecting the rights of
Nigerians and investigating/prosecuting cases of inhuman and degrading
treatment against Nigerians.  Lawyers
also have a duty to protect the sanctity of the law and the promotion of the
Rule of Law in the country by standing up for the rights of the common Nigerian.
We need to do more as a people and as a Nation to promote the fundamental human
rights of everyone.
Do you know any instances where
people have been subjected to degrading treatment, lets here it in the comment
box. 
Adedunmade Onibokun, Esq.
@adedunmade
Adedunmade is a legal practitioner
in Lagos, Nigeria. He holds a Masters degree in International Business Law from the University of Bradford and
publishes the Legalnaija law blog.
  

ROLE OF EFCC IN ANTI-CORRUPTION WAR

Scenario One
Chief Jagunlabi is the former Executive
– Governor of a South – Eastern State in the country, not only is he unpopular
for his lack of achievements during his 2 term period of 8 years but he has
also acquired a financial fortune of $1 Billion dollars at the expense of the
pensioners in his state and civil servants whose salaries had miraculously found
its way into his bank account in Switzerland.  Now that Chief is no longer a sitting
Governor, the EFCC have taken him to court for prosecution and he is facing if
found guilty, 7 years in Prison.  

Scenario Two
Mr. Uche has been approached by Miss
Fineface and Mr. Smart, they have just presented to him a proposal for a
business partnership which will fetch all parties great financial rewards, Mr.
Uche pledges 150 Million Naira to the project and wires same to the accounts of
Mr. Smart and Miss Fineface. 10 weeks later Mr. Uche can’t seem to get a hold
of either Mr. Smart or Miss Fineface and their offices have been closed down. His
sources have revealed to him that both were spotted in Dubai, France and Italy
on a spending spree. Mr. Uche has reported to the EFCC that he has been duped
and the anti – graft agents have laid wait at the Muritala Mohammed Airport for
Mr. Smart and Miss Fineface who will be returning to Nigeria at noon on the
same day.
THE ANTI – GRAFT AGENCY
The Economic and Financial Crimes
Commission, the Anti – Corruption watch dog of the FRN and one time woe-bringer
to the many corrupt officials in the Country’s public administration systems
was created by the EFCC (Establishment) Act, 2004. The EFCC according to the
Act is charged with responsibility of co-coordinating the various institutions
involved in the fight against money laundering and enforcement of all laws dealing
with the economic and financial crimes in Nigeria. The Functions of the Agency
include:
a)      Enforce
and administer the EFCC Act.
b)      Investigate
financial crimes including advance fee fraud, money laundering, counterfeiting,
illegal charge transfers, futures market fraud, fraudulent encashment of
negotiable instruments, computer credit card fraud, contract scam.
c)       Coordination
and enforcement of all economic and financial crime laws.
d)      Adoption
of measures to identify, trace, freeze, confiscate or seize proceeds derived
from terrorists’ activities, economic and financial offences or the properties
which correspond to such proceeds.
e)      Adoption
of measures to eradicate financial crimes.
f)       Adopting
coordinated efforts to prevent financial crimes.
g)      Facilitation
of rapid exchange of scientific and technical information and the conduct of
joint operations geared towards eradication of financial crimes.
h)      Examination
and investigation of all reported cases of economic and financial crimes with a
view to identifying the individuals or corporate bodies involved.
i)       
Determination of the extent of financial loss and
such other losses by government, private individuals or organizations.
j)       
Collaborating with local and international
agencies to carry out its functions.
k)      Dealing
with matters connected with extradition, deportation and mutual legal or ther
assistance between Nigeria and other countries.
l)       
Collection of all reports relating to suspicious
financial transaction, analyze and disseminate to all relevant govt. agencies.
m)    Supervising,
controlling, coordinating all responsibilities and functions and activities
regarding the prosecution of all offences connected with its mandate.
n)      Coordinating
all existing crime units in Nigeria.
o)      Liason
with the office of the A. G of theFederation, Customs, CBN, NDIC and NDLEA.
p)      Carrying
out public awareness campaigns.
q)      Carrying
out activities necessary to discharging its full duties.

From the
foregoing, the functions and powers of the EFCC are evident. Anyone who has
been a victim of a fraud or scam should alert the EFCC asap.

Adedunmade
Onibokun
@adedunmade

PROFILE: CHIEF MOBOLAJI OLUKAYODE AYORINDE SAN

PROFILE: CHIEF MOBOLAJI OLUKAYODE AYORINDE SAN

CHIEF MOBOLAJI OLUKAYODE AYORINDE
(SAN)
was born into the Ayorinde family of Ajimajasan
Compound, Agbokojo Ibadan. His father was the Honourable Justice Timothy
Adebayo Ayorinde, Former Chief Judge of Oyo State and Former Chancellor Diocese
Ibadan, Church of Nigeria, Anglican Communion, while his mother is Chief Mrs
Christiana Adetokunbo Ayorinde.

He attended Sacred Heart Private School, Ring-Road,
Ibadan for his Primary School Education from where he then proceeded to the
famous Government College, Ibadan in 1974 and obtained his W. A. S. C. E.
Ordinary Level Certificate. He also attended the International School,
University of Ibadan, Oyo State in 1979 and obtained his G. C. E. Advanced
Level Certificate, International Baccalaureate, A Levels Certificate in 1981.
At International School he was made the Head Boy, that is, the Senior Project
of the School in 1980-1981.
In September 1981, he proceeded to the University College
Buckland, Oxfordshire England, United Kingdom for his university education
where he obtained the University of Oxford, G. C. E Certificate [Law]
Intermediate LLB) in 1983.

He thereafter, in 1983 attended the prestigious Holborn
Law Tutors, Roupell Street, London for his University of London, Bachelor of
Laws LLB Hons Degree Certificate and graduated in 1985. He proceeded to the
Nigerian Law School, Victoria Island, Lagos in 1985, where he obtained the
Council of Legal Education Certificate of Call to Bar in 1986. [BL Honours].
For his National Youth Service Programme in 1986, he was Posted to Lagos State
and attached to the Private Law Firm of Messrs Akin-Delano, Legal Practitioners
at No. 6, Ijora Causeway – Lagos .During this period he was a Junior Counsel in
the Firm of Akin-Delano, Legal Practitioners with Offices in Ibadan and Lagos.
He worked directly under the Principal, Chief Akin – Delano S. A. N. and in
1989, he was seconded to take charge of the Lagos Office. The Firm is renowned
for its Commercial Practice spanning for a period of over 40 years. He worked
in the firm of Akin – Delano until 1990 when he set up the Law Firm of B.
AYORINDE & CO with offices in Lagos and Ibadan and now Abuja in the Federal
Capital Territory and Port-Harcourt.
He was appointed Notary Public for Nigeria on the 25th
of November, 1994 under the Notaries Public Act Cap 331 by Honourable Justice
Mohammed Bello G. C. O. N. former Chief Justice of Nigeria. In 2005 he was
elevated to the prestigious rank of SENIOR ADVOCATE of NIGERIA (SAN) on 26th
September, 2005.
 
In 2007 he was appointed Pro-Chancellor, Chairman
Governing Council Ladoke Akintola University of Technology, Ogbomoso, Oyo State
of Nigeria where he served for the statutory 4 years until 2011. He was also
the Chairman of the Oyo State Committee on the Decongestion of Prisons. His
areas of law practice include:  General
Civil Litigation, Commercial litigation, Company Law, Family Law, Property and
Land Law, Banking, Insurance & Liquidation law, Arbitration, Maritime and
Shipping Law, Public Advocacy and Parliamentary Counseling Services. 
He is the author of various publications amongst which
include: “Securing and Enforcing
Maritime Claims: Juriscope 1st Edition-2001 Series
”, “Wills and Testamentary Disposition”,
“Sovereign Immunity and the Trials of
Augosto Pinochet
”, “Judicial
Precedent, Law Reporting and the Need for Regulation
”,

Judicial Bias and Justice Delivery”,
A Commentary on the Independence of Electoral Umpire in Nigeria”, “Boko Haram,
Terrorism and Fundamental Human Rights; the Challenges that concern us”, “Criminal
Justice System in Nigeria”, “53, Years after Independence: the many facaes of
Judicial Riot”, “Nigerian-Any Strength in Adversity”, “A Reformatory Approach
to the Criminal Justice System in Nigeria”, and “The Rashidi Yekini Case and
the State of Mental Health Law in Nigeria”
He is a Member of the Nigerian Bar Association (N.B.A), International
Bar Association [IBA], Nigeria-British Chamber of Commerce, Nigerian-Belgian
Commercial Information and Documentation Centre and
Commonwealth Lawyers
Association. He has been a Council Member, Section on Public and Development
Law, (SPIDEL) of the N.B.A., Chairman Finance Committee, Nigerian Bar
Association, Ikeja Branch and he is an active member of the Body of Senior
Advocates of Nigeria.
He was also a member of the
Constitution Drafting Committee, Diocese of Lagos West at the inception of the
Diocese. He is also a member of various church societies amongst which are the
Christian Unity Band of Nigeria
of All Saints, Anglican Church Ikosi – Ketu, Lagos, Youth Christian Society of
the Cathedral of St. James The Great, Oke Bola, Ibadan, Ogunpa Descendants
Union of the Cathedral of St James The Great, Okebola Ibadan, Fountain of Hope
Society, African Church Cathedral Bethel, Lagos and Hon-Member Christian Guild,
African Church Cathedral Bethel, Lagos.

 He is a Patron of the Men’s
Friendly Society and Young Women Christian Association of All Saints Anglican
Church, Ikosi-Ketu, Lagos and he is also Patron of the Lady Workers League of
the Cathedral of St. James The Great, Okebola, Ibadan. Chief Bolaji Ayorinde
SAN is also a member of several socio-cultural organizations, clubs and
societies including Omo Ajorosun Club, Ibadan, Ibadan Golf Club, Ibadan,  Ikoyi Club 1938 Lagos, the Prestigious,  Metropolitan Club, 1959, Lagos, The Lagos
Lawn Tennis Club, Lagos and the Island Club, Lagos.
He is the holder of the Ghana 2006/2007 outstanding
African Nations Builders Gold Award, Society of Security Practitioners of
Nigeria Award 2005/2007, Augustine Nnamani Chambers, Faculty of Law, University
of Ibadan Distinguished Personality Award 2008, LAUTECH Alumni Award for
Excellence in leadership and Administration 2007, Federation of Oyo State
Students Union Platinum Award of Excellent Leadership Award 2008 and the 2010
Award for Professional Excellence by the Central Council for Ibadan Indigenes
(CCII).
 He has attended and participated in as facilitator or
presenter at several international and local law conferences and seminars. In
November 2011, Chief Bolaji Ayorinde SAN was appointed by President Goodluck
Jonathan as a Member of the Presidential Advisory Committee on the Prerogative
of Mercy (PACPM). In June 2012, he was appointed Chairman of the Governing
Board of the Legal Aid Council of Nigeria by the President.
BYE BYE TO MOTOR PARK TOUTS

BYE BYE TO MOTOR PARK TOUTS

The only way you wouldn’t know who a tout is if you probably live, work, school and don’t get past your small neighbourhood in Maitama, Asokoro or Banana Island. If on the other hand you have been to places like Ketu, Oshodi, Mushin, Lagos Island or any of the bus garages anywhere in the country, then you will definitely know who a tout is.  A Tout is one of those hoodlums fine gentlemen who you find causing yawa trouble at that junction not too far from your home. 

Touts are a great addition menace to the Nigerian society, you either find them harassing workers at construction sites, struggling with commercial vehicle operators to extort   shandy, figo, waso or ten fibre money, being used as political thugs or fighting for supremacy in motor parks. In a nutshell, a typical Nigerian tout is in the same category as Dennis the menace, only that they are a very aggressive and hybrid version of the character called Dennis. That’s why it’s a great relief to find that the Nigerian government creating laws to curb the activities of these unscrupulous agents of gombe & kasala violence. 
The law enacted by the National Assembly is an act to prohibit the touting in all public places and to establish the National Committee against Touting in the Federal Republic of Nigeria and for other related matters.  It provides in Section 1 that as from the commencement of the Act, no person or group of persons or association of individuals shall terrorize local or foreign investors at public places or at the airport, seaports, railway station, motor parks, transport owners, commercial drivers, farmers and traders in transit with their farm produce and consignment respectively in different parts of the country.
Also no group of persons, association of individuals shall retrain, organize, train or camouflage their activities using names, impersonating the National, State and Local Government Councils to use force or coercion in order to promote personal or group interest promoting touting in public places and any person or group of persons, association of individuals who engages  in any act of touting or any act capable of causing detraction, frustration of economic and commercial activities in public places commits an offence under the act.
The law also established The National Committee Against Touting which is responsible for the following- 
(a) to articulate and identity all forms of touting and touting points respectively in Nigeria; 
(b) to serve as the only legitimate Federal Government Anti-Touting body as registered by law; 
(c) to undertake constant check and clearing the touts, all illegal road blocks/motor parks and their parasitic menacing activities in all Federal institutions nationwide; 
(d) to oversee, monitor and direct all ministries, departments, offices, parastatals, motor parks, transport bodies, revenue contractors/agencies 2 against the increasing menace of touts/touting in all the states and Federal 3 Capital Territory, Abuja; 
 (e) to regularly brief the Federal Ministries of Transport, Aviation, Finance, Works, Housing and Agriculture as co-supervisory ministries on  the activities against touting; 
(f) to work in a relentless manner against this socioeconomic stain called 8 “touting” in Nigeria. The Committee shall arrest touts anywhere in Nigeria and handover to the nearest police station or State Security Service office;
 ( g) to undertake special projects designed to rehabilitate the touts, street urchins/beggars, area boys and other hoodlums; in conjunction with the appropriate Federal Government agencies; 
(h) to constantly promote the well-being of transport owners, vehicles owners and drivers, draw a Certified National Routes Transport Fares Chart for use by all Government transport arms, transport owners/operators and 15 the travelling public investors local or foreign; 
(i) to hold workshops and seminars against touting in all spheres of life in Nigeria and Africa, campaign against and close all illegal and unauthorized loading bays and touting contacts in any part of Nigeria; ]
(j) to campaign in the radio; television, newspapers and sustain the Government Anti-Touts crusade through other systematic public awareness  strategies of printing and issuing of anti-touts emblems to members of the general public, officers, shops, commercial vehicles, airports, railway stations, seaports, embassies/high commissions, cattle markets, licensing officers, abattoirs, excavation sites, quarries and passport office; 
 (k) to submit annual report to the president and commander in-chief and the National Assembly; and 
 (l) performing such other functions which in its opinion with facilitate the execution of its responsibilities activities under this Act.
It should be noted that any persons, group of persons, association of individuals that contravene the provisions of the law, commits an offence and is liable on conviction; (a) in the case of an individual, to a fine of N20,000 or to imprisonment for a term of one year or to both such fine and imprisonment; (b) in the case of a group of persons or association of individuals to a fine of N100,000. 
The National Anti-tout Committee, Nigeria Police Force and the State Security Service or other persons as may be deemed necessary in any  appropriate case, may enter any house, building or any other place whatsoever in which the office or other persons have reason to believe that a person, or  group of persons are touting causing disturbance to public peace. Prosecutions for offences under this Act shall be deemed to be instituted by the Attorney-General of the Federation or such officer in the Federal Ministry of Justice as he may authorize so to do until the contrary is proved, and in addition he may authorize the Attorney-General of a State where the offence was committed to prosecute the offence. The High Court of a state shall have jurisdiction to try any offence under this Act. 
The Act seeks to prohibit touting in public places in the Federal Republic of Nigeria by establishing a National Committee against Touting, to ensure that no person or group of persons, association of individuals harass or terrorize local or foreign investors at the airports, seaports, railway stations, motor parks, transport owners, commercial drivers, farmers and traders in transit with their farm produce and consignments respectively indifferent parts of the country; to also campaign in the radio, television, newspapers and sustain the Government Anti-touts crusade through systematic public awareness strategies of printing and issuing Anti-touts emblems to the general public.
So just in case you come across any touts along your way, kindly ensure that you inform them that their time is up. LOL 
Adedunmade Onibokun 
@adedunmade