FCT High Court Rules On NBA Abuja Branch Chairmanship Tussle

by Legalnaija | Jun 10, 2020 | Uncategorized

The High Court of the FCT gave the ruling in an action instituted by Folarin Aluko against the branch and her bankers Access bank claiming inter Alia that he is the chairman of the branch by virtue of a court order made by Kekemeke J in favor of Ezenwa Anumnu and by which capacity he should be the signatory of the branch accounts with Access bank.

Recall that there has been a leadership tussle in the branch by which Folarinwa Aluko claiming to have received his chairmanship mandate pursuant to an interim order of court granted to Ezenwa Anumnu four years ago in an originating summons action in which he sought a declaration that he is the chairman of NBA Abuja branch and which action is still pending before the court till date and yet to be determined or the reliefs sought granted more than four years after the institution of the said originating summons

The branch filed a Preliminary Objection challenging the action and after same was argued, the High Court of the FCT before which the matter was pending held that the court order made in favor of Ezenwa Anumnu was an order in persona which does not enure to Folarin Aluko and as such he cannot take benefit or advantage of the order to claim to be the Chairman of the branch in order to be entitled to be added as a signatory to the branch account consequently the court held that Folarinwa Aluko and Ebuka Nweze the applicants not being the Chairman and Secretary of the Branch respectively lacks the locus standi to institute the action as the Chairman and or Secretary of the branch and proceeded to award a cost of 100,000 Naira against the Claimants in Favor of the Defendant’s

This ruling of the High Court of the FCT has put to bed the issues surrounding the Chairmanship tussle in the branch especially the claim of legitimacy of the Folarinwa Aluko group which is founded on an interim order of injunction granted to Ezenwa Anumnu which the court has now held to be an order in persona and ends with the said Ezenwa Anumnu as same neither transferable or confers any rights or legitimacy to Folarin and his group.

Leveraging Technology in Justice Administration | Caroline Ibharuneafe

by Legalnaija | Jun 9, 2020 | Uncategorized

 

Murder of George Floyd- The Last Breathe That May Emancipate The African – Americans From Police Brutality and Racial Discrimination | Dele Adesina SAN 

by Legalnaija | Jun 9, 2020 | Uncategorized

America is a democratic country of over two centuries. The whole world believes that when it comes to matters of human rights and democratic principles they have a lot to learn from America, both in theory and in practice. The idea of liberty and justice for all is one that has always been at the foundation of the United States of America (USA). This is not only enshrined in the American Constitution of 17 September 1787 as amended, but it is also reproduced in the American pledge of *”one nation, indivisible with liberty and justice for all.”* The Fifth and Fourteenth Amendments to the Constitution specifically provided that no person shall be deprived of life, liberty or property without due process of law and that no State (I dare say, including Officials of the State) shall deprive any person of life, liberty or property without due process of law nor deny to any person equal protection of the laws.

There is no doubt that in law and fact that the Constitution of the United States of America, Fifth and Fourteenth Amendments recognises and protects the fundamental right to life and liberty of every American, whether white or black, individuals or authorities. It thus appears that the actions of some of the authorities have been historically inconsistent with the above American core values. These actions have been nothing short of a gross let-down of a specific sector of the entire population which at this point seems systemic.

On 25 May 2020, the whole world witnessed the video of the callous and dastardly murder of George Floyd, a 46 years old man in Minneapolis, Minnesota, USA.  In a most wicked manner, Derek Chauvin, a white Police officer had pressed his knee on George Floyd’s neck while George Floyd was handcuffed. Two other Officers restrained Mr. George Floyd from any attempt to free himself from the choking act while the fourth Officer allegedly prevented onlookers and bystanders from intervening, and despite the distress shout of *I can’t breathe,* these stone cold officers saw no need to relax their grip and safe the life of George Floyd. According to the autopsy report, George Floyd’s death was attributed to cardiac arrest occasioned by his neck compression.

There is no doubt that this highly condemnable act by a Police officer is not only wrongful and unconstitutional but it is also highly unlawful, dastardly and criminal. There is no known law that empowers a law enforcement agent to take another person’s life by using excessive force outside possibly the principle of self-defence. None of the Officers at the scene, including Derek Chauvin, the Police officer who directly inflicted the deadly injury was at any risk of attack from the helpless George Floyd.

It is important to state that George Floyd is not the first victim of this reckless exhibitionism of power. There have been a couple of other incidents including but not limited to Breonna Taylor who was murdered right inside her apartment by police officers, Eric Garner and thousands of others. A report by the Washington Post reveals that over 5000 black lives have been wasted by the police in the United States between 2015 and now. The manner and circumstances of George Floyd’s death is a big stain to the democratic and human rights credentials of the United States of America. It is no wonder, therefore, that the death of George Floyd has elicited the widespread reactions and condemnations all over the world. It is right to say that the universal outrage and protest against the death of George Floyd is very well-founded.

The International Commission of Jurists in the Act of Athens in 1995, while condemning disregard for the Rule of Law in many countries of the world had insisted that the State is subject to the Law and that governments must respect the rights of individuals and provide effective means for the enforcement of those rights. It also enjoined all Lawyers of the world to defend the right of the individuals in the society. Any right-thinking member of the society must of necessity condemn this callous Police killing of George Floyd.

It is gratifying to note that not only have the Americans in their hundreds of thousands condemned this very despicable act through demonstrations and protests against the reckless and unlawful acts of the Police officers. It is also gratifying to note that the Attorney General of Minnesota, Keith Ellison, has filed an amended Charge for the offence of second-degree murder against the Police officer, Derek Chauvin, and offence of aiding and abetting the commission of a second-degree murder against the other three Officers. It is also gratifying that Minneapolis City Council is considering a total overhauling of the Police Department in that City.

I have no doubt in my mind that the public outcry and global condemnations will surely necessitate the speedy Prosecution of the suspects in the interest of justice to the soul of the deceased, but also to the grieving family and all oppressed African American people who will not want to see the repeat of this kind of precipitated criminality against a particular section of the society. If found guilty, the punishment must serve as a deterrent to all.

George Floyd repeatedly screamed *”I can’t breathe, I can’t breathe”*, the 46 year old called out for his mother while breathing his last, but the dare devil officer was determined to finish up his heinous act. George breathed his last and gave up the ghost while people watched helplessly. The whole world is still watching his horrific last moment on earth with sorrow and anger. Justice must be served, for George Floyd’s soul may rest in peace. As Gorge Floyd is laid to rest today in his hometown of Houston, Texas, I pray that his last breathe leads to the emancipation of African Americans from police brutality and all manner of discrimination. I do hope that this will also cause the Police authorities in Nigeria to be more civil and professional in the way they relate with the people. Police brutality must stop, not only in the United States and Nigeria, but across the world. 

Adieu George Floyd.

Dele Adesina SAN

Photo Credit – The New Yorker 

Webinar: Election In The New Reality

by Legalnaija | Jun 8, 2020 | Uncategorized

Insights: Expanding the Frontiers of Legal Practice in Nigeria | Dele Adesina SAN

by Legalnaija | Jun 8, 2020 | Uncategorized

Disciplining Children In Nigerian Schools: To Flog or Not To Flog | Eberechi May Okoh

by Legalnaija | Jun 8, 2020 | Uncategorized

“There can be no keener revelation of a
society’s soul than the way in which it treats its children.”  
Nelson Mandela

The role of children in any
society cannot be over-emphasized. Every culture in its own peculiar way, with
or without laws, by default, protects the young. The fact that the present
young population are going to be responsible for running society in the next
twenty to forty years, means that much attention should be paid to children’s
development. As expected, each society’s culture determines how its children
are treated. What might be acceptable to one society, might be completely
abhorrent to another. Two decades ago, flogging children in primary and
secondary schools in Nigeria was widely acceptable. 

This was irrespective of
whether the school was public, private or a missionary school. Today, the
narrative is different. Even without the prompting of the government,
most private schools in Nigeria have already banned all forms of flogging or
hitting by teachers or other staff.  In
response, some teachers have lamented that the
absence of corporal punishment encourages pupils to be rude to them. Last year,
the Minister of State for Education, Chukwuemeka Nwajiuba, was reported to have
said that  the federal government would
no longer tolerate bullying in
schools, but he was not referring to corporal punishment.[1]
Furthermore, the Spokesperson of the Education Ministry, Ben Goong, emphasized
that the government did not ban corporal punishment.[2]

In Nigeria, corporal
punishments are widely acceptable to the extent that it is unthinkable that a
child will be allowed to grow without physical discipline. While the benefits
are often listed, little is known about the psychological effects on some
children and the healing process involved. Consequently, the culture of
disciplining children physically in the home transcends from the home to the
school and other public spaces. In some communities, an adult may discipline a
child for inappropriate behaviour in public and upon returning the child to the
parents with a report of what transpired, receive a warm welcome. It takes a
community to raise a child. Notably, Article
295 of the Criminal Code (South), article 55 of the Penal Code (North) and the
Shari’a penal codes in the Northern states confirm the right of parents to use
force to “correct” their children. Yet as we consider what is culturally
acceptable in our geographical space, it is important to take note that fortunately, or unfortunately, the world is
quickly shrinking into one global village with national leaders including
Nigerian leaders, signing treaties which will affect the lives of the citizens unbeknownst
to them. For this reason, the topic of disciplining young children in Nigerian
schools cannot be discussed without a consideration of the larger picture- global
practice. It is important to set out however that the consideration of what is
obtainable in other societies is not with a view to compare. The role of
children in the Nigerian society is so important that their affairs cannot be
decided on without recourse to the essence of who we are as a nation.  

Currently, Europe and many
parts of South America practice prohibition of corporal punishment in all
settings. Russia, North America and Canada among others have achieved prohibition
in some settings while Nigeria, Botswana, Saudi Arabia and some others have not
fully prohibited corporal punishment in any setting.[3] Notably,
every continent at some point in their ancient history allowed corporal
punishment. In the UK for instance, in the last century, the issue of corporal
punishment in schools was often met with a perceived incompatibility with
Article 3 of the European Convention on Human Rights and Fundamental Freedoms.
While the Article prohibits torture and degrading treatment, in cases like Tyrer v
UK[4] and Costello-Roberts
v UK[5] the
issue of corporal punishment was considered in light of the Article. In
Costello-Roberts’ case, the court found that there was no infringement of
Article 3 in slippering a seven-year old child, but in Tyrer’s case, the court held
that the birching of a 15-year old boy was a violation of Article 3. In a
dissenting judgment in Tyrer’s case, Sir Gerald Fitzmaurice noted that Article
3 was not intended as a vehicle for penal reform. The European Convention was
post World War II and was concerned with the torture and ill-treatment
perpetuated by the Nazis and not necessarily corporal punishment.[6] However,
the creation of some fundamental rights had implications not intended by the
drafters. As chairperson of the drafting committee of the Universal
Declaration, Eleanor Roosevelt expressed concern that provisions outlawing
torture and ill-treatment might prohibit the practice of other things such as
compulsory vaccination.[7] These
concerns though voiced in a different context must lead us to ask questions such
as what the unintended effects will be if teachers are prohibited from
administering corporal punishment across all schools and all ages? This is in
view of the fact that Nigeria is a culturally different clime from the Western
World and cannot be seen to adopt Western procedures if not in the best
interest of the child and the society. However, while these questions persist,
the government continues to ratify international treaties and make commitments
which sooner or later, might completely wipe out corporal punishment. 

In 1991, Nigeria ratified
the Convention on the Right of the Child (CRC). With the exception of some
northern states, many states have domesticated the CRC as state laws. The CRC
in Article 28(2) provides as follows:

“States Parties shall take all appropriate
measures to ensure that school discipline is administered in a manner
consistent with the child’s human dignity and in conformity with the present
Convention.”

It is also notable that the
Nigerian government is committed under the Sustainable Development Agenda
2030 and Africa’s Agenda for Children 2040. This year, the Global Initiative together
with Amnesty International Nigeria, is working on a project to bring law reform
on corporal punishment to the forefront of the Nigerian Government’s agenda. According
to the UN, corporal punishment is ‘any punishment in which physical
force is used and intended to cause some degree of pain or discomfort, however
light. It involves hitting (‘smacking’, ‘slapping’, ‘spanking’) children, with
the hand or with an implement – whip, stick, belt, shoe, wooden spoon, etc. It
can also involve, for example, kicking, shaking or throwing children,
scratching, pinching, burning, scalding or forced ingestion’.[8] In a 2019 report of the Global Initiative to End
All Corporal Punishment for Children in Nigeria, they noted that prohibition is
still to be achieved in the home, alternative care settings, day care, schools,
penal institutions and as a sentence for crime. According to them, these
provisions should be repealed, and prohibition enacted of all corporal
punishment by parents and others with parental authority.[9] If this
is achieved, corporal punishments will not only be prohibited in schools but
also in the home.

But as the international
community puts pressure on Nigeria to walk away from all forms of corporal
punishment and many private schools are abandoning it for lighter modes of
discipline, it is important to assess what corporal punishment in Nigerian
schools have done for us as a nation both positive and negative. Amidst reports
of many children (now adults) who appeared to attain to a well-rounded
development as a result of being flogged in schools, are reports of adults who
have scars of being victims of violent abuse at the hands of teachers. Evidence
on the topic shows support for both sides. Does corporal punishment have a
place in our society?  Has it helped our
society? Should it be retained or banned in schools? Have children been made to
endure violence and abuse at the hands of teachers? Do the benefits if any, outweigh
the harm?

Photo Credit – www.allafrica.com 

With Dele Adesina I see a brighter future for the Legal profession  | Otunba Olumide Akinbinu

by Legalnaija | Jun 7, 2020 | Uncategorized

As the biennial election of the Nigerian Bar Association draws near, it is of utmost importance for Lawyers to make a meaningful choice among Contenders for the various Offices of the Association. The Legal profession in Nigeria has come of age and the current Nigerian socio-political dynamics require greater enthusiasm from potential Leaders. We need a Leader in hot pursuit of perfection, swiftness and light in the dark tunnels of the Nigeria Judicial System.

A Leader with sufficient knowledge with proven accomplishments that can give luster to the Legal profession. The Bar Association at this period in time must be capable of shunning every shade of corrupt influences which by itself is the paramount spring of prodigalities and social disorder.

There must be a renewed vigour at placing Justice at the door step of the Nigerian masses. Wisdom to manage and improve upon the socio-economic well being of Lawyers and restore the pride of place hitherto enjoyed by the Legal profession in the days of yore.

At a time when Lawyers carry the aura of distinction, knowledge and honour devoid of sharp practices or the shenanigans of the greedy few ready to pander to dictates of political demagogues and by so doing compromise the place of honour and integrity; thereby giving obscurity to rules of interpretation and awkward exposition of the Law if only to attract the lucre from the filthy political class and thereby exacerbating the contradictions in the Nigerian political system.

The time has also come to look deeply into the modalities of embracing technology  or better put systematic adaptation of modern technology in the practice of Law and Justice delivery system, short of which one is afraid, that the present energies will decay. A time has therefore come to brace up with the reality that there is patent lethargy in Judicial System.

The earlier we realize that nothing progresses if it is resting on the original plan; the better for the Legal profession. In the face of inadequacies and need for progression highlighted above is the quality of the Bar Leadership particular the Presidency.

For this assignment, we need not beam our search light too far. DELE ADESINA (S.A.N) has the pedigree. Aside from deep knowledge of the Law, intellectual acumen, honesty and tenacity of purpose; DELE ADESINA (S.A.N) has unparalleled ability at social engineering. All his God-given qualities he has deployed in the service of the Nigerian Bar Association in the past. Dating from his tenure as the Chairman of Ikeja Branch to his exemplary service as the General Secretary of the Nigerian Bar Association between 2002 and 2004.

Apparently DELE ADESINA (S.A.N) is no neophyte in Nigerian Bar Association Politics nor an upstart. The candidature of DELE ADESINA (S.A.N) is salutary.

He has been very consistent and purposeful in his quest for leadership of the Nigerian Bar Association. Since 2008 when he made a debut into becoming the President of the Nigerian Bar Association. He kept tab on his rich manifesto believing that there is something definitely absurd with the past giving the present challenges of mankind.

In 2014, DELE ADESINA (S.A.N) was a Candidate for the Presidency of the Nigerian Bar Association, well accepted and loved by the body of Lawyers across the Country. He worked assiduously criss-crossing the length and breadth of Nigeria with the view to selling the best of his ideas to the Nigerian Lawyers. Although he lost the election that year to AUGUSTINE ALEGEH (S.A.N) he remained his indomitable self. He could neither divide himself from any man upon differences of opinion or conception of ideas nor a judgement that does not agree with his thoughts. He warmed up to all and sundry and accepted the outcome of elections with the equanimity of a priest. DELE ADESINA (S.A.N) has been un-relenting in his services to the Nigerian Bar Association even in the face of past electoral failure. His impact has been dominant at every Conference of the Bar Association and his willingness to support and serve every other Executive has been un-paralled. Little wonder his fellow Silk and a personality of by no mean stature; FEMI FALANA (S.A.N) described DELE ADESINA (S.A.N) as the ENCYCLOPEDIA of the Nigerian Bar Association. Well said, it captured vividly the stuff with which DELE ADESINA is made. One cannot agree less.

What could be more encouraging than having a wise man in the house whose knowledge of the Law and the Bar Association is like waters descending from above, springing from beneath by reason of a rich antecedent and also inspired by divine revelations.

In all ramifications DELE ADESINA (S.A.N) can never be the blind man in a dark room looking for a black hat in his desire to lead the Bar. He has committed quality time into mapping out a road to progress for the crop of present generation of Lawyers and a brighter future for aspiring ones.

My take is that we should eschew primordial sentiments, give merit a chance and be less contented with the status quo and elect a man with perfect vision to lead the Bar. This golden opportunity should never slip by in the corporate interest of the Bar and the Nigerian Judicial System.

I see greater challenges ahead of the Bar leadership in the recent signing into Law of the Executive Order 10 of 2020 by the Presidency. Quite salutary as it has been the long quest for conformity with the Constitutional requirement of Separation of Powers between Executive, Legislature and the Judicial arms of Government.

Even at that, a strong and un-compromising Bar leadership would be the watch dog of the Judiciary. Implementation at State level and the need to ensure accountability and judicious management of resources by the State Judiciary should be the primary concern of the Nigerian Bar Association. The Bar must at all times hold the person in authority accountable to all and sundry.

Ideas must flow from the Bar to the Bench from time to time and it is common knowledge that it takes the man of letters; a man of acute knowledge, inquisitive and dexterous character and a man that would be prompt in attack and ready in defence to make a meaningful impact. All these qualities rolled together you find in DELE ADESINA (S.A.N).

Together we can make history by placing a round peg into a round hole. DELE ADESINA (S.A.N) is by every standard a quintessential Bar man that cannot be side stepped in the scheme of things. He has a proven dexterity in stirring the ship of the Bar to an enviable destination. Selfless all together and ready to give all in an un-compromising service to the Nigerian Bar Association. With him, I see a brighter future for the Legal profession.

Otunba Olumide Akinbinu

Two-Terms Chairman

Nigerian Bar Association

Ota Branch

Caroline Ibharuneafe Commiserates Over the Loss of Chief Sir Alfred Eghobamien SAN  

by Legalnaija | Jun 7, 2020 | Uncategorized

Ten Things you should know about The Lagos State Infectious Diseases Regulation 2020 (The Regulation)

by Legalnaija | Jun 6, 2020 | Uncategorized

(The Regulation)

In view of the highly
contagious nature of SARS-COV-2 (COVID-19) and its imminent threat to the
residents of Lagos State; the Lagos State Governor issued the Infectious
Diseases Regulation 2020 (“the Regulation”) pursuant to the Governor’s power
under the Quarantine Act and the Lagos State Public Health Law Ch. P16 Laws of
Lagos State 2015. The Regulation was signed by the Governor on the 27^th March
2020 and it became operative on the same day. It ratified all the acts
done prior to its issuance. Below are ten important points to note about the
Regulation:

1.     
The Governor is authorised to impose
restrictions, issue directives and take all necessary action to prevent,
control or contain the incidence of COVID-19 within Lagos State.

2.     
The Governor (or other authorised person) has
the power to direct that any potentially infectious person should go to a
designated place for screening and assessment, or to go into isolation for 14
days.

3.     
If any person fails or refuses to go for
screening, assessment or isolation as directed, the Governor (or any authorised
person) has the power to order the removal of such a person to carry out the
screening and assessment or to be placed in isolation for 14 days.

4.     
The Governor has the power to restrict the
movement of persons and vehicles within Lagos State. However, transportation of
essential supplies (i.e. food, water or medicine/medical supplies) are allowed.
Personnel involved in the transportation or movement of such supplies are
allowed free movement.

5.     
The Governor has the power to restrict trade
and commercial activities, and to order the temporary closure of bars, event
centres, places of worship, public, educational and vocational institutions or
place restrictions on the number of persons that may be present there for as
long as he deems necessary. Manufacturers of essential supplies are exempt.

6.     
The Governor can mandate security agencies to
break up any gatherings of persons that contravene the restrictions without
permit.

7.     
It is an offence to hoard or inflate prices
of food, water, essential supplies etc. A breach will result in seizure and
forfeiture of the goods to the State, which the government may utilise in bridging
supply gaps within the State.

8.     
The Governor can specify the conditions for
transporting, storing, cremating or otherwise disposing of the remains of
persons who died from the COVID-19 infection.

9.     
Do not share false information regarding
COVID-19 or its outbreak in the State, or promote unverified, untested or
unapproved cures, vaccines or medicinal items that purport to cure, alleviate
or reduce the likelihood of a COVID-19 infection.

10. A
breach of the Regulation or any orders made further to it is an offence which
carries an option of imprisonment.

Source: www.spaajibade.com