Thursday, May 3, 2012

Delegates’ Conference Kaduna: Towards Protecting Lawyers from Terrorism! By Dame Carol Ajie


Delegates’ Conference Kaduna: Towards Protecting Lawyers from Terrorism! By Dame Carol AjieDelegates’ Conference Kaduna: Towards Protecting Lawyers from Terrorism! By Dame Carol AjieDelegates’ Conference Kaduna: Towards Protecting Lawyers from Terrorism! By Dame Carol AjieBy Dame Carol Ajie

Human costs of terrorist attacks against Nigerians and the Nigerian State, are unquantifiable, hence constitute the fulcrum of legitimate concerns for citizens who respect the dignity of the human person and sacredness of life as safeguarded in sections 33 and 34 of the Constitution of the Federal Republic of Nigeria 1999, as amended, these being curiously desacrilized.

Terrorism, the systematic use of terror to intimidate or coerce, refers to those violent acts intended to create fear and targeted at defenceless civilians. Terrorists aim to de-legitimize political or other opponents and the symbol leverages human fear towards achieving political and economic objectives and what have you.

The name Boko Haram literally translated means “Western education is sin”; the group publicly extols its ideology despite the fact that its former leader Muhammad Yusuf was himself an educated man. Since Boko Haram declared war, Kaduna State alone fell more than 300 precious lives of both Christians and Muslims and they threaten to unleash further violence, even now as the future, they held cursed. It does appear that the more blood they spill, the more inspired they are and prepared to work at the common goal of shedding blood, any blood – children’s blood, men, women, artisans, and security agents, any whose blood is available for splashing like devious citizens in front of the god of war, essentially consumed in cracks or demonic wracks.

The view that Boko Haram is prosecuting a holy war does not pass the test, considering that the practices of the two major religions in Nigeria, Islam and Christianity compel love for one and the sanctity of life. Besides Nigeria is a religious-tolerant Nation. Hence it becomes safe to bespatter Boko Haram for fighting senseless wars targeted at everyone and every faith. As twenty million of our youths are unemployed, recruiting some hands into the deadly suicide squad may come easy for a population of 155 million Nigerians, more than 60% straggling along poverty lines.

On Easter Sunday 8th April, 2012 Kaduna was hit by bomb blasts after several suicide missions in the past, 38 Nigerians were killed and several wounded. The attackers usually target police stations and officers, banks, hotels and stadium wherever potential victims are found. The suicide bomber had struck at the busy Junction Road/Sardauna Crescent. The National Emergency Management Agency (NEMA) reported that eight buildings including a bank and two hotels were shattered in the explosion and 23 motor-cycles damaged. The casualty figures keep leaping.

Two or three days after, a military cadet was killed in Kaduna and another prison warder whose car was removed by his assailants.

Previous thereto, the General Officer Commanding (GOC) 1 Mechanized Division, Kaduna, Major-General Garba Wahab, had revealed that Boko Haram had planned to paralyze Kaduna State and wreak havoc but they moved in to forestall it by making some arrests. Still they couldn’t prevent the disaster from happening four days or so later, at Easter!. With the increased risks of terrorism and threats, Kaduna is far from achieving the level of “safeness” within the confines of hotel facilities that exist for all.

On 30th Jan., 2012, a Lagos High Court had sentenced Major Hamza Al-Mustapha, the former Chief Security Officer to maximum dictator, Sanni Abacha and Sofolahan, to hanging for the 1994 murder of Kudirat Abiola. Within 48 hours of the verdict, Boko Haram threatened war against Lawyers and Judges. Although the case is on appeal, Kaduna seems ‘perfect’ for them to provide opportunity of ‘retaliation’, being the “political capital” of Northern Nigeria. Watch the obstructionists to peace and order wait eagerly to tweeze our lawful delegates’ apart.

Of very serious concern is that the President of Nigeria Bar Association, Joseph B. Daudu SAN, (JBD) asserts that Kaduna must host the biennial delegates’ conference in July 2012, despite its horrifying activities and nothing is going to change that? At this juncture, Lawyers ought to step up action to protect the Bar from the looming danger posed to 2,500 or more, in a terrorist flashpoint.

The proposition that the President of the NBA must host the last NEC meeting in his home in July, at any cost, is untenable for two reasons. One, with the coming into effect of the 2009 amendment to the NBA Constitution, biennial delegates’ conference now presents in July instead of August. August used to host the Annual General Conference and biennial election in the same month. But under the 2009 amendment, July now hosts the biennial delegates’ conference for the election of national officers whilst August retains to host the Annual General Conference (AGC).

Two, under the old rule, because election schedule mixed with AGC, it was an unwritten rule for the President to host the last NEC meeting previous to August and in August the association would host the pre-Conference NEC meeting. The point misconstrued by the President, with due respect, is that July 2012 is not the AGC but election month. Hence a misnomer to ferment Presidential host of the last NEC meeting in July because July is more than a NEC meeting, it is an election month. In the circumstances, the last NEC meeting should be interpreted to read before July 2012 and the AGC would hold in the month of August anyway, ceases to hold elections in August, the new month for voting and election now being July.

The golden principle of “one in, one out” that was jettisoned by President JBD, albeit erroneously, following the erroneous precedent set by Mr. Rotimi Akeredolu SAN in Ibadan, July 2010, was our first July slated delegates’ conference to elect national officers, consequent upon the 2009 Constitution amendment, but that could be corrected even now! Suffice it to say that the golden principle was predicated on Article 2 of the NBA Constitution which provides that: “the National Secretariat of the Association shall be situated at the Federal Capital of Nigeria provided that the Association may maintain liaison offices in other towns as the National Executive Committee may decide from time to time”, to promote amity in the city where our national secretariat is situate; “One in”, means Abuja to host the delegates conference for the elections slated in July 2012 and “one out”, meaning any other city but Abuja to host on a non-election year.

In 2011, we had our AGC in Port Harcourt; this being an election year should host in Abuja in keeping with the principle of forum conveniens as enunciated in “one in, one out” rule above.

Insisting on Kaduna 2012 belies a disposition not to allow a level playing field for all candidates. Evidently, a line-up of candidate(s) to succeed JBD and friends following the decision of a certain caucus to turn the NBA presidency and other offices, unfortunately perpetually into ‘chieftaincy’ titles conferred on those “in whom well pleased” at home jurisdiction in a setting less than transparent.

AGC August 2010 held in Kaduna for the inauguration of the 2010-2012 set of national officers led by JBD and July 2012 again Kaduna?. For a city to host two national events both election-related matters, twice in two years, is too much concession to brow beating and other methods, methinks.
Furthermore, mission to revenge on the vexed issue of NBA Constitution amendment: At the AGC Port Harcourt, August 2011, hard as the President tried to pull certain constitutional changes, these were all rejected by overwhelming majority of Lawyers who voted. Suspicion exists amongst Bar men and Bar women that Kaduna agendum is deeply steered to reactivate the process for unpopular amendments by taking the delegates’ conference to a venue that naturally repels attendance. The less number of lawyers at the delegates’ conference in Kaduna, the easier it becomes to move the passage of queer provisions into our Constitution in an atmosphere projected for the “yeahs have it”.
Of what use is there in demoting the rights of delegates to participate in biennial elections that should be free and fair in leading the Lawyers to the slab, rather than prioritize safety and security. It is not right with due respect to JBD, for his practice base in Kaduna to host July 2012 delegates’ election, particularly bearing in mind that he had slated the next NEC meeting, May 2012, for Lokoja, Kogi, JBD’s home State. Intrinsically, under the old NBA rule on presidential host of NEC meeting preceding elections that should satiate his quest.

Just before the Easter Sunday spate of violence, time bombs were planted in children’s playing ground in Kaduna, to sputter.

Horribile dictu, horrible to tell, in the likely event of Boko Haram preying and hunting down delegates that brave the scary scene, President JBD’s action will be interpreted in light of the provisions of s.1(2)(iii) of Terrorism Act, 2011 which defines “act of terrorism” to include acts capable of destabilizing our NBA.

Dame Carol Ajie
Constitutional and Human Rights Lawyer
14th April, 2012


Wednesday, April 18, 2012

49 Year Rent Arrears: Court Ejects Law School From Lagos Property

A Lagos High Court has ordered the Nigerian Law School to vacate the property situated at 213A, Igbosere Road, Lagos Island, Southwest Nigeria over rent arrears.

The property is being used by the school as hostel for law school students and staff. But the rent for the property had not been paid for the past 49 years.
The order of the court was sequel to a suit filed before it by a Lagos businesswoman, Hajia Bashirat Mojisola Dange and Mr. Oluyinka Awolaru for themselves and on behalf of the family of Madam Oyinkan Moyeni.
In an affidavit sworn to by Hajiya Dange, it was stated that she is the grand daughter of Madam Oyinkan who died inter state and the second claimant is the grand child of the said Madam Oyinkan.
She averred that Madam Oyinkan Moyeni owned the property formerly known as 213 Igbosere Road, Lagos Island now 213A Igbosere Road, by virtue of an indenture dated 20 February, 1957.
According to Hajiya Dange, her late mother granted a 75-year lease in favour of Mr. Basil Christos Economibes and Elias Badih Khalife, effective from 1 April, 1957.
On the execution of the lease agreement by the parties and the initial payment of £1,000, the late Madam Oyinkan Moyeni gave possession of the property to the two persons earlier mentioned.
It was also part of the agreement that the two defendants will pay rent in advance every 1 April each year. And it was also part of the agreement that if the rent or any part thereof shall be in arrears for 21 days after lawful demand or shall there be any breach of the covenant by the two defendants, the claimant will re-enter upon the demised land and immediately there upon the term shall absolutely be determined.
The property is being occupied by the Attorney-General of the Federation who is the third defendant in the suit who has not been able to explain how he came into the property.
£1,000 paid was the rent for 1957 till 1962. Since then no further payment has been made.
In breach of the lease agreement, the defendants have failed and refused to insure the property.
As a result of the breach, the defendants were reminded in 1982 and formally asked to pay rent arrears.
They were issued with quit notice and intention to recover the property, also in 1982.
The defendants did not enter any appearance and also failed to file any defence.
The Attorney-General was represented by a lawyer, Mr. I. Ehigbe, who appeared once and since then did not attend court again.
In her ruling, Justice O. O. Femi-Adeniyi said: “I am persuaded by the claimant’s counsel’s submission and upon the facts before this court that the claimants have satisfied the requirement for a grant of an order for re-entry into the premises for breach of the first and second defendants’ covenant to pay rent, and I so hold.
“The defendants shall deliver possession of the said property known as 213A Igbosere Road.”
Council of Legal Education whose application to stay execution was dismissed was given leave of appeal.
—Akin Kuponiyi pm news

Saturday, April 7, 2012

Water Therapy

by Arinola Adeniyi (arinola@venivicispa.com)

I was first introduced to ‘Japanese’ Water Therapy about 20 years ago! That was what was written on the one page printed instructions given to me by a friend of mine who believed it would help with my weight loss effort.
Like every other thing that will be beneficial to my health and promote my well-being, I ran with it immediately. I am sure you would too if you read that just by drinking water first thing in the morning before brushing your teeth, will help fight ailments like: Headaches, Arthritis, Body Ache, Fast Heart Beat, Epilepsy, Excess Fatness (Obesity), Bronchitis Asthma, TB, Diarrhoea, Gastritis, Constipation, Menstrual Disorders, Ear, Nose and Throat Diseases, etc.
The instructions were very simple and straight forward:
The instructions were very simple and straight forward:
1. As you wake up in the morning before brushing teeth, drink 4 x 160ml glasses of water.
2. Brush your teeth and clean the mouth but do not eat or drink anything for 45 minutes.
3. After 45 minutes you may eat or drink as normal.
4. After 15 minutes of breakfast, lunch or dinner do not eat or drink anything for 2 hours.
5. Those who are old or sick and are unable to drink 4 glasses of water at the beginning may commence by taking little water and gradually increase it to 4 glasses per day.
The above method of treatment will cure diseases of the sick and others can enjoy a healthy life.
The following list gives the number of days of treatment required to cure/control/reduce main diseases:
1. High Blood Pressure -30 days
2. Gastric -10days
3. Diabetes -30days
4. Constipation -10days
5. Cancer -180days
6. TB -90days
7. Arthritis patients should follow the above treatment for 3days in the 1st week, and from 2nd week onwards- daily.
This treatment method has no side effects, however at the commencement of treatment you may have to urinate a few times.
Drinking water first thing in the morning is probably not new to some of you, but this has to be done before you brush your teeth.
Our bodies are made up of 60-70% water. It follows that when the amount of water in the body reduces, we face a lot of health problems.
What are the benefits of this waking moment ritual?
Drinking water first thing in the morning will:
• Flush out toxins from the body.
• Help with regular bowel movement.
• Kick-start your metabolism.
• Help you lose weight.
• Help rehydrate the body.
• Regulate your body temperature.
• Make you energized and alert.
The water in question is by no means cold water. Room temperature is great.
You do not wake up in the morning and take your bath with water from your fridge; which is exactly what you would be doing to your organs if you drank cold water first thing in the morning. Be kind to your organs.
And please remember, you will urinate more frequently at first when you start the routine.


Friday, April 6, 2012

Institute to train lawyers on legal drafting

THE Nigerian Institute of Advanced Legal Studies, (NIALS) Lagos has reaffirmed its commitment to train lawyers in the area of drafting commercial agreements and banking documentations in the country.

The Director General of the Institute, Prof. Epiphany Azinge, SAN said this in an exclusive interview with The Guardian during the opening session of the 27th Course on drafting commercial agreements and banking documentations held at the Institute in Lagos.

The director general stated that the course would prepare lawyers and other individuals expected to play a part in business transactions that would emanate from foreign investors being wooed by the government at all levels in the country.

He said: “This kind of course is very good for a government that has the mantra of shopping for foreign investment and engaging in bilateral trade agreement with other nations and other corporate institutions abroad. The frequency of commercial enterprise and agreement in this country supposed to be very high in this country now.

“We are courting foreign investors. If we are doing that, every thing must be reduced in writing in the form of a commercial agreement. People must know what and what clauses must be included in such agreement.

“In event of a breach of what obtains, how is the contract going to be terminated? Are you going to make provisions for the choice of law that will apply? Or where the arbitration will take place in event that there is a dispute, or whether there is going to be an arbitration or litigation which can be handled either in UK or Nigeria in the Federal High Court as the case may be.

“These are all the ingredients that are supposed to be contained in a well-rounded commercial agreement, but it is only given to those who are properly informed.

“Here we do not just give a textbook approach, we also give you some drafting exercises that will enable you practicalise whatever you are told so that everything will be bare for you such that if any of such matter comes before you, you will know exactly what to do because you have experienced it.”

According to him, an agreement must be involved in all commercial transactions and its drafting must be holistic in all ramifications. “We may want to bring people in to our power sector and they have to sign an agreement with either the Ministry of Power or an office that is charged with the responsibility, either PHCN or something of that nature. These are all commercial agreement.

“But because they are dealing with public corporations or public institutions, the nature of such agreements or the financial implication of such agreements are more.

Also the nature of such agreements must be much more formidable”, he stated.

Earlier in his keynote address, the Company Secretary and the Corporate Relations Director of the Guinness Nigeria Plc, Mr. Sobowale Sesan said the training has become important because of the fact that the world is rapidly changing.

According to him, lawyers appear to be reaching a tipping point in terms of the world economy, with relatively wealthier nations becoming relatively poorer, and vice versa.

He explained that Capital was flowing from the mature markets in Europe and America into Africa, Asia and Latin America and the Caribbean.

His said: “New investors are considering Nigeria (in spite of its various challenges) as an attractive investment destination in areas such as power, agriculture, manufacturing and petrochemicals. In our industry for instance, the 4 leading global brewers are either investing new capital in expanding their capacity in Nigeria or are consolidating the industry by the acquisition of small local brewers. A major multinational in the sector is building a Greenfield brewery in Onitsha. All of these developments are affecting the investment landscape, as well as the landscape of business opportunity, prompting everyone to question how they want to position their businesses going forwards.”

He stressed that with increased investment in economies such as Nigeria by global businesses or multinationals, there would be increased scrutiny of the quality of legal service being provided to the Nigerian subsidiaries of these businesses as they become increasingly significant parts of these global businesses thereby applying the principle that “where a man’s treasure is, there his heart will be also”.