Electoral Act (Amendment) Bill: Beyond the President's Veto – THISDAY Newspapers

Last week, there was a considerable amount of hullaballoo, because President Muhammadu Buhari exercised his right under Section 58(4) of the 1999 Constitution of Federal Republic of Nigeria (as amended in 2018)(the Constitution) and withheld his assent to the Electoral Act (Amendment) Bill 2021 (EAMB). Due to space constraints, I shall only discuss a few of the major issues of controversy which I observed, concerning the failure to enact the EAMB.
Irrelevant Debate
It was interesting to see how some of our learned colleagues get on all forms of media, most especially television, to mislead the public. Some that were in support of President Buhari’s decision to withhold his assent to the EAMB and sought to justify it, tried to start an irrelevant national debate by drawing a distinction between veto power and withholding assent to a Bill – a debate which I must say, serves no particular purpose. They claimed that because the President gave cogent reasons for his refusal to assent to the EAMB, his non-assent cannot really be called a veto!
The truth is that, whether it is called withholding assent or veto, the bottom line is that the EAMB was not passed into law, to the chagrin of many. And, for the avoidance of doubt, the President’s omission to assent to the Bill, is a veto. According to the Cambridge Dictionary, a veto is simply “an official power or right to refuse to accept or allow something”. According to the Collins Online Dictionary, “If someone in authority vetoes something, they forbid it, or stop it being put into action….Veto is the right that someone in authority has to forbid something….the President’s power of veto”. President Buhari certainly stopped the EAMB from being put into action, whether he gave reasons for his rejection or not.
Reasons for Withholding Assent at this time
The problem President Buhari is facing, is akin to that of the story of the boy who cried wolf several times when there was no wolf; the day there was actually a wolf, no one took him seriously or paid attention to him, because of his false cries of the past! For example, in 2018, the President had failed to assent to the amendment of the Electoral Act 2010 (EA) on electronic voting, a step in the right direction for Nigeria’s electoral process, for no good reason; now, that there are actually cogent reasons for withholding his assent, people have become cynical and are spinning all sorts of conspiracy theories and sinister agendas, that probably may not exist.
The main reason given for the President forbidding the EAMB for now, was the amendment to the old Section 87(2) of the EA which had given political parties the choice of adopting direct or indirect primaries for the purpose of nominating candidates for elective positions. Section 84(2) of the EAMB which seeks to replace Section 87(2) of the EA, makes it mandatory that all party primaries be done by means of direct primaries which shall be monitored by INEC (Independent National Electoral Commission). Section 84(5) of the EAMB, also provides that INEC shall deploy personnel to monitor all primaries. It is trite that when the word ‘shall’ is used in a statutory provision, it imports that a thing must be done; it is a form of command or mandate. See the case of Ugwu v Ararume 2007 12 N.W.L.R. Part 1048 Page 367 at 441-442 per Tobi JSC.
Again, by virtue of the old Section 85(2)(b) of the EA, INEC’s attendance and monitoring of party primaries was optional, not mandatory. President Buhari’s decision was informed by a well founded concern of a significant increase in the cost of conducting primary elections across 8,809 Wards in Nigeria, by virtue of the Section 84(5) of the EAMB which provides that INEC must monitor all direct primaries; security concerns; clash with the constitutions of political parties which allow for direct and indirect primaries (this is not important, as the law will take precedence over Party constitutions); susceptibility to electoral malpractice, since political parties cannot boast of reliable membership registers (indirect primaries are equally susceptible to electoral malpractice, as we have all witnessed in the last 22 years); and a breach of the freedom of choice to choose the mode of primaries, which one imagines should be the essence of democracy.
In APC v Engineer Suleiman Aluyi Lere 2020 I N.W.L.R. Part 1705 Page 254 and Wushishi v Imam 2017 18 N.W.L.R. Part 1597 Page 175 the court held that “the nomination or sponsorship of a candidate for election is a political matter within the sole discretion or power of the political party, an internal affair which is not a matter for the public domain, being pre-election, and therefore, domestic”. I submit that by virtue of this judicial decision, the issue of the mode of primaries adopted for the nomination of candidates is a pre-election matter, and therefore, a domestic internal affair of the political parties, and the Legislature seeking to impose a particular type of primaries mode on political parties may be arbitrary. Each mode of primaries has its pros and cons, though proponents of direct primaries believe that it is more democratic, as more people are involved.
I agree that this time, some of President Buhari’s reservations/concerns, are legitimate. For instance, during the 2019 elections, there were over 70 political parties. If INEC had had to monitor every single party primary, they would definitely have had to employ many more ad hoc staff, like is done during the general elections, to have been able to be present to monitor every party’s primary, from Councillor to President. This alone, would definitely cost a lot more money.
Other Discrepancies
Aside from President Buhari’s main concerns, I noticed that there are errors in the EAMB in terms of cross-referencing, making nonsense of some of the provisions. For example, Section 50(2) of the EAMB provides for voting at elections and electronic transmission of results to be done by a procedure determined by INEC, and replaces the old Section 52(2) of the EA; in the EAMB, Section 50(2) is wrongly made subject to Section 63 of the EAMB (concerning not counting ballot papers that do not bear the official mark prescribed by INEC), instead of Section 60 which provides for entering the votes counted and the forms to be used. Considering that the matter of the amendment of the EA has been pending for years, it shows a measure of ineptness on the part of the National Assembly (NASS), that they couldn’t submit a perfect document to the President for his assent. I’m not sure I saw any provision relating to the electronic collation of results in the EAMB. The EAMB’s Section 60(1)-(4) sounds like manual collation of results, though Section 60(5) thereof provides for the ‘transfer’ of the results of the ballot and total number of accredited voters in a manner prescribed by INEC, which could obviously be electronically. Should collation not be electronic like transmission? Because if the input part of the system is manual, it could simply amount to ‘garbage in, garbage out’ if the Collation Officer is compromised.
Another example of food for thought is Section 51(2)-(4) of the EAMB, which deals with the cancellation of votes in a polling unit where the votes exceed the number of accredited voters therein. While Section 51(3) provides that there shall be no return for the election until another poll has taken place in that polling unit, Section 51(4) of the EAMB goes on to provide that if INEC determines that the election result in the area where the result was cancelled will not substantially affect the result of the election, the Commission can go ahead and make a return without giving the voters whose results were cancelled the opportunity to vote.
There may be a rationale behind Section 51(4) of the EAMB – if Candidate A has already won the election by a margin of 5,000 votes, and the total number of cancelled votes is 1000, even if Candidate B won all the 1,000 votes at a new poll, Candidate A would still be the winner with a margin of 4,000 votes; so what is the point of having another poll? My first question however, is whether it is constitutional to deprive people of the right to vote for any reason. It is trite that it is the right of every person age 18 and above who is a registered voter, to vote. Should INEC have the power to take away this fundamental right from voters, whose votes may have been cancelled, especially through no fault of theirs? My second question is, whether Section 51(4) cannot be subject to abuse by compromised INEC Officials who may decide to exclude voters in a polling unit who do not support their candidate? Or does Section 51(4) of the EAMB qualify as a constructive laid down legal due process of the law, that has the ability to take away a constitutional right, as was stated in the case of R. Benkay (Nig.) Ltd v Cadbury (Nig.) Plc 2006 6 N.W.L.R. Part 976 Page 338 at 385 per Ogunbiyi JCA (as she then was)? My dear colleagues, kindly, share your thoughts on this point.
Good Amendments in the EAMB
While there are definitely some good amendments in the EAMB, they still need to be tweaked. For instance, I was glad to see that the proviso in Section 31(1) of the EA which I had repeatedly complained about, the one which precludes INEC from rejecting candidates for any reason whatsoever, had been removed from the EA by the EAMB. But, I still believe that to prevent the abuse of that provision, INEC’s power to reject candidates should not be at large; but should be limited to the laid out constitutional provisions of qualification of candidates required for the various elective positions.
For example, a Gubernatorial aspirant who does not meet one of the qualifications set out in Section 177(a)-(d) of the Constitution, clearly evidenced by the Forms and documentation submitted to INEC in support of his or her candidature, must be rejected by INEC ab initio. See the Supreme Court case of Advanced Nigeria Democratic Party (ANDP) v INEC, PDP & Douye Diri in which two of the candidates fielded by the ANDP as Gubernatorial candidates were below the age of 35, contrary to Section 177(b) of the Constitution. In this kind of clear cut case only, provided by the Constitution, should INEC to permitted to reject a nomination. Not limiting INEC’s power to reject candidates can result in abuse. If the baton of leadership of the Commission changes, and unfortunately, in the future, it falls into the wrong hands, unscrupulous INEC Officials can take advantage of this provision to unlawfully disqualify candidates.
Conclusion
Section 58(4) of the Constitution does not give President Buhari the power to pencil out the sections of the Bill he does not agree with, and then assent to the Bill! But, Section 58(5) gives NASS the power to repass the Bill by two thirds majority of each House of NASS, thereby making the Bill become law without the President’s assent, or remove the offending section, pass it again, and re-present it to the President for his assent. There is a palpable fear that if the President assented to the EAMB as it is now, NASS will not agree to do a further amendment of the EA to expunge the provision mandating direct primaries. In the present condition that the EAMB is in, riddled with errors, overriding the President’s veto may not be advisable.
As far as Section 87(2) of the EA is concerned (now 84(2) of the EAMB), if it is the only contentious issue holding up the passing of the Bill, why not leave it as the old Section 87(2) for now? After all, Section 87(2) of the EA as it stands, gives the option of direct or indirect primaries; it does not stop direct primaries. And, if the direct primaries method is so much desired by Nigerians as the Legislature is making it out to be, proponents of it should not have any problems persuading their various political parties to adopt it as their method for nominating candidates. In the meantime, there are several other good amendments which are not controversial, and should be passed as soon as possible, to improve the coming elections.
Criminal Conduct Which Can be Regarded as Economic and Financial Crimes
For the year 2021, it was a medley and potpourri of events and issues that occurred over the past 12 months, including the passage of some notable legal personalities. In this Special Edition, the THIS DAY LAWYER Team presents a kaleidoscope of all the cover stories that shaped the year. We wish our readers, and indeed, all Nigerians, a happy and prosperous 2022
January 5,
Chief J.B. Daudu, SAN graces our first edition of 2021
‘There is Failure of Governance at all Levels’
Has Nigeria’s foremost professional body lost its voice and capacity to speak truth to power, which it has been known for over the decades? Has the Nigerian Bar Association been able to retain its cohesion and focus in the past few years? In search of answers to these questions, Onikepo Braithwaite and Jude Igbanoi sought out Chief Joseph Bodunrin Daudu, SAN, former President of the Nigerian Bar Association and Chairman of various Committees of the Association, as he turned 61 recently. In a forthright and fearless approach to issues, he spoke his mind on a myriad of concerns, including what he described as the failure of governance at all levels, corruption, the challenges of conducting credible NBA elections, ethical issues, and why there appears to be a rise in professional misconduct cases against Lawyers.
January 12,
How effective and fast would justice administration be without paralegals?
‘Paralegalism: Essential for Administration of Justice Reform’
For a majority of Nigerian Lawyers, the Bench or the Inner Bar are the ultimate career destinations, and the attainment of either is the climax. It is however, a rarity in Nigeria, to find a Judge opting out of the Judiciary at a relatively young age, with many more years left to retirement. That is what Honourable Justice Olusola Ajibike Williams did, when she honourably bowed out of the Lagos State Judiciary to pursue her laudable vision of setting up Nigeria’s first Paralegal Training Institute, Institute of Paralegal Services (IOPS), a non-profit making Institute. In a chat with Onikepo Braithwaite and Jude Igbanoi, she explained what motivated her bold and courageous move to step down from the Bench after 18 years, and her ambitious plans to entrench Paralegal training, standardisation and practice in Nigeria, through her Institute of Paralegal Services located in Lagos.
January 19,
NIN and its numerous challenges.
‘NIN-SIM Registration: Sacrificing the Health of Hapless Nigerians’
Many Nigerians had been subjected to the harrowing experience of being made to compulsorily wait in crowded, endless queues, to capture data to register and obtain the elusive National Identification Number (NIN). The challenges for both the National Identity Management Commission (NIMC) and the majority of Nigerians yet to be captured in this exercise, were humongous. The deadlines imposed by the Minister of Communications and Digital Economy, Dr Isa Pantami, to link all phone lines with NIN threw most into panic, as they scampered to meet the deadlines, and it put Nigerians at risk contracting the dreaded Coronavirus. In the face of these challenges, Ikeazor Akaraiwe, Jide Ojo and Emmanuel Onwubiko suggested ways out of the conundrum.
January 26,
The USA Presidency came into focus.
‘The Biden Presidency: A New Dawn for USA’
After what many termed the most contentious Presidential election in the history of the United States, a new battle ensued. The battle of how to evict Trump from the White House, and it was, to say the least, fierce and deeply worrisome. It pitched Republicans against Democrats, America’s Christian Fundamentalists, the Evangelicals against the rest of Americans, pushing the world’s greatest democracy to the brink of a coup. The acclaimed winner of the contentious election, Joe R. Biden Jnr and his Vice, Kamala D. Harris, were sworn in as the 46th President and 49th Vice President of the USA, amidst tight security. Kingsley Jesuorobo, Emeka Eze, Jefferson Uwoghiren and Kede Aihie dissected the complex issues that surrounded Biden’s emergence as President, particularly the attack on Capitol Hill, the impeachment of Donald Trump, and the possible consequences flowing therefrom even after Trump has ceased to be President, and what Joe Biden’s Presidency portends for Nigeria and the world.
February 2,
The menace of the ubiquitous herdsmen was in discourse
‘Vacation Order to Herdsmen: How Legal, How Constitutional?’
It is no longer in doubt, that the nation is at war on several fronts. While that battle to reclaim the North Eastern part of Nigeria rages, bandits and kidnappers are perceptibly having a field day in the North Central and most other parts of Nigeria, including the Middle Belt. The South West which had hitherto remained relatively safe, seems to be losing its security with the invasion of gun-totting Herdsmen, some of Fulani extraction. The negative economic impact on the nation’s economy, has been debilitating. In an effort to protect his people, the Ondo State Governor, Arakunrin Oluwarotimi Odunayo Akeredolu, SAN was compelled to issue a seven-day notice to all Herders and occupants of the Ondo forest reserves, to vacate same. The order, which subsequently resulted in other States like Oyo and Ekiti taking similar steps to ensure the security of their citizens, was the subject-matter of this Special Edition in which Femi Falana, SAN, Dr Sam Amadi and Festus Ogun delved into the complex issues that pushed our nation into this unfortunate situation, in terms of the clashes between the Herders and the Farmers, and the criminality which may be a spin-off therefrom, also proffering workable solutions to these problems.
February 9,
Addressing the housing infrastructure deficit.
‘We are Working on Over 13,000km of Roads’
The state of our road infrastructure, has been a matter of great concern to both the citizens and Government of Nigeria. It has also been the perennial cause of disputation, between States and the Federal Government. That is one of the reasons why the appointment of Babatunde Raji Fashola, SAN as Works and Housing Minister elicited so much applause and commendation for the Buhari administration. How has BRF fared in the past five years, managing such a complex and herculean portfolio as Works Minister? In a chat with Onikepo Braithwaite and Jude Igbanoi, the former Lagos State ‘Action Governor’, recounted what can easily be described as some of his achievements in building and rehabilitating Nigerian roads, and providing affordable habitation for Nigerians.
February 16
Do Children have a right to know their biological fathers?
Determining the Paternity of a Child
The mode of determining the paternity of a child, especially when controversy arises, varies from country to country. The applicable laws are as varied, as there are jurisdictions. The controversies that trailed two recent incidents in Nigeria, brought to the fore the need to examine the state of the law in determining the paternity of a child born in or out of wedlock. A Bank Managing Director and a sitting High Court Judge in Delta State, were enmeshed in controversies over the paternity of the offspring of their marriage and alleged dalliance. To what extent can the technology, Deoxyribonucleic Acid (DNA), precisely ascertain the father of a child? What backing does this new science have under Nigerian laws? Should the laws on the paternity of a child/children of a marriage be amended to include the use of DNA, or are they satisfactory as they are now? Do the children have a right to know who their biological fathers are, or will revealing the truth scar them emotionally? Professor Nnamdi Obiaraeri, Mohammed Ibrahim Abdul, Frank Tietie and Abdulrasheed Ibrahim, delved into the controversial issue to examine the various positions of the applicable laws in Nigeria, including that of the Sharia law, and how paternity issues can be resolved.
February 23,
Kidnap After Kidnap, After Kidnap
For the umpteenth time, Bandits visited their dastardly act this time on Government Science Secondary School, Kagara, Niger State, kidnapping 27 students and 15 others, killing one and leaving in their wake, blood, sorrow and tears as families were left devastated. This was only the latest in a series of similar nasty incidents, in the North East and North Central parts of the country. Thankfully, the passengers who were kidnapped from Rafi Local Government, also in Niger State, a few days before the Kagara incident, were released. The Bandits are gradually extending their ignoble and bloody reign of terror, to as many parts of the country as possible. Like a former President of the Nigerian Bar Association said, ‘Nigeria is in a low grade war’. Does the Federal Government have the will, strategy and logistics to win this war? Jide Ojo, Emmanuel Onwubiko and Dr Sam Amadi take on the complex issues in this national malaise, and proffer viable solutions to fight it.
March 2,
‘At 70, I Still believe in the Nigeria Project’
His, is a classical example of grass to grace. Starting out in 1970 as a typist grade iii to being a court clerk, administrative officer, qualifying as a Lawyer, Assistant Lecturer, Chartered Arbitrator, General Counsel, Senior Advocate of Nigeria and acting Director-General of Nigerian Institute of Advanced Legal Studies, Professor Paul Oboarenegbe Idornigie, SAN went down memory lane in a chat with Onikepo Braithwaite and Jude Igbanoi, narrating the odyssey of his life as he reaches the platinum age of 70, while commenting on the present state of the nation.
March 9,
Former NBA President speaks on the state of the profession
‘NBA Must Have a verifiable, ‘NBA Must Have a Verifiable, Foolproof Voting System’
Legal education in Nigeria, has come with its huge challenges. With so many Lawyers being churned out of the Nigerian Law School, arguments have been rife as to whether Nigeria really has the capacity to gainfully engage this huge number of Lawyers. Mr. O.C.J. Okocha, SAN has been former Attorney-General of Rivers State, past NBA President, past Chairman, Council of Legal Education, and Chairman, Body of Benchers. In a chat with Onikepo Braithwaite and Jude Igbanoi, he gave insights into various areas and issues in the profession, including the reason why the National Open University of Nigeria was recently stopped from admitting law students into its programmes. He also commented on the state of the nation and the insecurity that has engulfed our land, while lending his voice to the calls for the restructuring of our nation to reflect true Federalism.
March 16,
‘Shoot-on-Sight Order: Extrajudicial Killing by Another Name?’
No one can safely say when Nigeria’s battle against insurgency, banditry and kidnapping will end. So far, every measure that this administration has applied to curb the menace of arm bearing murdering criminals (which hitherto, many adjudged to be half-hearted), have proven to be largely unsuccessful. As AK-47 bearing criminals and insurgents become more brazen with their dastardly attacks by the day, President Muhammadu Buhari in what many see as a desperate knee-jerk move, issued a shoot on-sight order on anyone caught carrying an AK-47 weapon in the forests. While this may sound cheering to a few, many human rights activists strongly believe that it amounts to sanctioning extra-judicial killing, and an outright violation of the constitutionally guaranteed right to life. Monday Onyekachi Ubani, Dr Osaghie Obayuwana, and Chukwu Emeka Eze weigh in on this Presidential Order.
March 23,
Rhodes-Vivour JSC, retires honourably.
At 70, Olabode Rhodes-Vivour, JSC Takes His Leave
The Nigerian Judiciary has had its fair share of astute and sagacious Jurists, one of them being Honourable Justice Olabode Rhodes-Vivour CFR who retired from the Supreme Court on March 22nd, 2021, having attained the mandatory retirement age of 70. Chief Wole Olanipekun, ASAN, Chief Judge of Borno State, Hon. Justice Kashim Zannah, Dr Onyechi Ikpeazu, SAN and Alex Muoka eulogise this quintessential judicial titan, as they take us through the highlights of his illustrious career, from his humble beginnings as a Pupil Counsel at the Lagos State Ministry of Justice in 1976, to his appointment as a High Court Judge in February 1994, his elevation to the Court of Appeal in April 2005, his secondment by the Federal Government of Nigeria while he was still a Justice of the Court of Appeal to the Supreme Court of Sierra Leone in 2008, culminating in him reaching the pinnacle of the career of a Nigerian Judge on his appointment as a Justice of the Supreme Court of the Federal Republic of Nigeria on September 16, 2010. Certainly, Rhodes-Vivour, JSC will go down in the history of Nigeria for his landmark judgement in Ukeje v Ukeje, in which his Lordship declared as being unconstitutional, the patently repugnant Igbo custom of disinheriting a woman. We congratulate his Lordship on the attainment of his Platinum Anniversary, thank him for his service to our dear country, and wished him the very best as he begins a new chapter in his life.
March 30
Governor under attack!
‘Ortom’s Attack: Stretching Nigeria’s Insecurity to the Limit?’
The nation’s insecurity challenges took a turn for the worse recently, when the Governor of Benue State, Samuel Ortom was attacked in broad daylight by armed bandits on the way from his farm. The Governor of Borno State, Professor Babagana Zulum, also suffered the same fate last year. If these criminals had succeeded in their dastardly attempt to eliminate a sitting Governor, the consequences of their actions would most likely have worsened the already tense situation in the country. The questions on the lips of many are, how safe are the other State Governors whose States have been under attack from insurgents? How long will the authorities allow the marauders to reign free with their evil acts? What methods, including legislation, can Government adopt to help ease the insecurity that Nigeria is currently experiencing? Chief Sebastine Hon, SAN did an in-depth analysis of the worrisome issues in these frightening developments, drawing attention to strategies which have been implemented, and laws that have been enacted in other countries, like USA, the Philippines and UK.
April 6,
EFCC wields the big stick
Can EFCC Compel Bank Employees to Declare assets?
The Economic and Financial Crimes Commission Chairman, Abdulrasheed Bawa, the new anti-corruption Czar is straddling with vigour. His order that all Bank and other Financial Institutions’ employees should declare their assets willy-nilly, however, sent chills down the spines of many. Onyekachi Umah, Richmond Idaeho and Richard Abdulahi in this Discourse, raised questions as to whether Mr Bawa and his Commission were not acting ultra vires their statutory mandate.
April 13,
CROSSFIRE!
Ransom: To Pay or not To Pay?
Armed Banditry, Kidnapping, Insurgency and other related violent crimes have continued to thrive in Nigeria, despite efforts by the security agencies and hapless Nigerians who are at the receiving end. Heartless criminals have spared neither defenceless school children nor innocent Nigerians from these violent acts, and there doesn’t appear to be any respite in sight. Some have argued that, as long as Government continues to negotiate and pay ransoms to the perpetrators of these dastardly crimes, kidnapping will continue thrive and be a lucrative enterprise for criminals. Others argue that, even if ransoms are not paid, there should be negotiation with the Kidnappers.
The Kaduna State Governor, Mallam Nasiru El Rufai, however, vowed that he would never negotiate or pay ransom to bandits in his State, which is presently one of the epicentres of banditry, insisting that some of the Kidnappers are insurgents, and paying them ransoms will be akin to shooting ourselves in the foot, as it will only make more funds available to them to use to purchase more weapons to continue their onslaught against Nigerians. THIS DAY Lawyer sought the views of a cross-section of senior Lawyers, on this complex and contentious issue. Should Government continue to negotiate and pay ransoms to criminals, or leave the victims to their fate? What other options are open to Government? Here is the CROSSFIRE!
April 20,
‘SCAB’: A Step in the Right or Wrong Direction?’
A Bill, known as the Supreme Court Alteration Bill 2020 (SCAB), to alter Section 6(5) and Chapter VII of the Constitution of the Federal Republic of Nigeria 1999 (as amended), was in the offing. The major purport of this crucial amendment, is to regulate the jurisdiction of the Supreme Court and to create the Federal and State Courts of Appeal, thereby changing our Judicature as we presently know it to be. Kemi Pinheiro, SAN and Sola Akanni x-rayed the Bill and what it seeks to do, and how it will affect justice delivery at the Appellate Courts, and other related issues. The question is, whether it is a good innovation or not?
April 27,
Chauvin’s Judgement: Can African-Americans Breathe Again?
The gruesome murder of African-American, George Floyd, in the hands of former Police Officer, Derek Chauvin, by means of a chokehold, while his colleagues looked on and did nothing to save him, threw the entire world into unprecedented outrage in May 2020. It was one death too many for African-Americans, in the hands of white racist Police Officers, and the attendant spontaneous rage saw the people of Minneapolis, USA go on a rampage, resulting in the global hash tags, #icantbreathe and #blacklivesmatter, to press home the consciousness. A 15-member jury, found Derek Chauvin guilty of all charges of murder and manslaughter.
Sentencing was adjourned for eight weeks, the convict facing imprisonment of up to 40 years. Jefferson Uwoghiren and Dr Kede Aihie dissected the issues in the landmark judgement, drawing a parallel with Nigeria, with emphasis on what lessons there could be for the Nigerian justice delivery system, while Epa Ogie Eboigbe examined the courageous role the teenage African-American young lady, Darnella Frazier, played in the whole saga and the ensuing trial, as a result of her capturing George Floyd’s murder on her phone-camera. If there is one thing this unfortunate incident has done, it has brought American policing into global focus, especially with regard to Police brutality against African-Americans. Will it be the catalyst for a change for the better, going forward?
May 4,
Escalating Insecurity: a National Malaise
The nation’s insecurity is worsening, the challenges are humongous, and the solutions have been elusive so far. The recent escalation of clashes between security agencies and local insurgents in the South East, have heightened the calls for Government to urgently rethink its strategies for combatting the security challenges in Eastern Nigeria and other hotspots like Benue State, where there are killings almost on a daily basis. The Governor of Benue State, Samuel Ortom, was not left out, as there was an attempt to assassinate him earlier this year in March, while seven internally displaced persons taking refuge in a Camp in Abagena, Makurdi were also murdered. Policemen and other security personnel, have also not been spared, as several of them have lost their lives in the violence. At least five Policemen were also killed in Okigwe, Imo State, while others suffered the same fate of death in Rivers State. Norrison Quakers, SAN, Professor Andrew Chukwumerie, SAN and Jide Ojo interrogated the multifarious issues, and proffered suggestions on how to end the crisis.
May 11,
The Vindication of a Lawyer and Public Servant
On February 26, 2013, This Day Lawyer ran a story, ‘My Ordeal with SEC,’ detailing the ongoing saga between respected Lawyer and Diplomat, Christopher Okeke and the Securities Exchange Commission of Nigeria. Onikepo Braithwaite and Jude igbanoi did a follow-up interview with Ambassador Christopher Nonyelum Okeke, founding Partner of Ajumogobia & Okeke, Honorary Legal Adviser to successive British High Commissioners since 1989, one of just two Lawyers in Nigeria’s history who have held that prestigious honorific title, having been selected to provide counsel to Her Majesty the Queen of England’s Government in Nigeria. This interview explored the importance of digital identity, and how a careless error by a public authority can have dire implications on the reputation and good standing of even those Nigerians, who by training and experience are familiar with the law, and who have the power and resources to challenge impunity and fight back against oppression.
May 18,
Maritime law issue
‘Admiralty Jurisdiction of FHC is Being Eroded’
Nigeria’s dream of becoming West Africa’s shipping hub got a boost in 2004 with the passage of the Cabotage Act; but, doubts have been expressed as to whether the Nigerian maritime sector has really taken advantage of the Act and maximised its benefits. Mrs Funke Agbor, SAN, a Partner in ACAS-Law which recently went into a combination with global law firm, Dentons, has come into prominence as one of Nigeria’s leading Maritime Lawyers and Arbitrators. She recently emerged as the President of the Nigerian Maritime Law Association, and in a chat, she gave Onikepo Braithwaite and Jude Igbanoi a brief overview of the maritime sector in Nigeria, and her concerns about the recent decision of the Court of Appeal in the MT Sam Purpose case, which she believes has eroded the admiralty jurisdiction of the Federal High Court. She further expressed her optimism about the establishment of a National Shipping Line, and more female Lawyers taking Silk.
May 25,
The Southern Governors take a stand.
‘The Asaba Declaration: No Going Back’
For quite a while, the South has endured and tolerated the devastation of their crops and agricultural produce, occasioned by the nomadic activities of Herders. But, when some Herders, and criminals disguised as Herders, took things a notch higher, by starting to bear arms and committing what can only be referred to as atrocities, such as rape, kidnapping, and killing, the 17 Governors of the Southern States were compelled to come together on May 11, 2021 at Asaba, the Delta State Capital, to take a firm decision to ban open grazing in their individual States, among other decisions. Is what has now been coined as “the Asaba Declaration”, legal and constitutional? One of the South West Governors, Oluwarotimi Akeredolu, SAN, Chief Ferdinand Orbih, SAN, Norrison Quakers, SAN, Ebun-Olu Adegboruwa, SAN, Dr Kayode Ajulo and Felix Sugaba write in this Discourse, that banning open grazing was not only inevitable, but absolutely necessary to protect the lives and property of the citizens of the 17 Southern States.
June 1,
‘Criminalising Ransom Payment, is Nonsensical’
In the fast expanding and diversifying legal profession, it is becoming rare to find a thoroughbred female litigation Lawyer like Mrs Titilola Akinlawon, SAN. Onikepo Braithwaite and Jude Igbanoi tracked down the press-shy legal amazon, who was in her element as spoke about various aspects of legal practice and burning national issues, like the proposed Bill to criminalise ransom payments for kidnapping, the ban on open grazing, the JUSUN Strike, and the pervasive insecurity that has encompassed the country.
June 8,
In the thick of JUSUN nationwide strike, former President of the Commonwealth Lawyers Association expressed her concerns
‘JUSUN Strike has Greatly Hampered Justice Delivery’
In a profession where there is almost parity between both genders in terms of numbers, to have only a meagre 5% of females at the Inner Bar, is appalling and a cause of concern for many female Lawyers in Nigeria. There are however, indications that this status quo might change in the not too distant future, as more female Senior Advocates continue to voice out the need to have more of their ilk as Silks. Onikepo Braithwaite and Jude Igbanoi caught up with learned Senior Advocate, Mrs Boma Ayomide Alabi, who was elevated to the rank last year. An amazon who has been opportune to have been several firsts, including being the first female, non-Caucasian President of the Commonwealth Lawyers Association and first Black President of Female Lawyers Association of England and Wales, she spoke on a myriad of issues, including Police brutality and impunity, the debilitating effects of the JUSUN strike, and the retirement age of Jurists.
June 15,
Discourse on Nigeria’s Constitution
Nigerian Constitution: New or Reviewed?
Nigeria is on the march again, seeking a new Constitution, the grundnorm expected to usher in a fresh and invigorated polity, maybe even a new beginning. Every previous attempt to review or fashion out a new Constitution has not been completed. The question on the lips of many, is whether what Nigeria really needs is a new Constitution, or simply a review of the old and wobbling one. Dele Adesina, SAN, Bolaji Ayorinde, SAN, Ahuraka Yusuf Isah and Professor Auwalu Yadudu (in his widely circulated letter to the House of Representatives Committee on the Review of the 1999 Constitution) stated their positions, in the face of the much-faulted ongoing public hearings around the country, towards giving Nigerians a workable people-centric Constitution.
June 22,
‘NBA-SLP: Grooming the Next Generation of Lawyers’
Jude Igbanoi who was at the just concluded Annual Conference of the Nigerian Bar Association Section on Legal Practice (NBA-SLP), reported on the proceedings of the four-day event which held in Uyo, Akwa Ibom State from the 13th to the 16th of June, 2021.
June 29,
Special Edition
Amina Mohammed: A Distinguished World Servant Turns 60
It was a quiet, yet well attended event. The movers and shakers of the Nigerian Polity and the Diplomatic Community, including the former President of Liberia, Madam Ellen Johnson Sirleaf, who delivered the Guest Lecture, converged at the Shehu Musa Yar’ Adua Centre, Abuja, at the 60th Birthday Colloquium to celebrate Nigeria’s precious gift to the world’, Ms Amina J. Mohammed, the fifth Deputy Secretary-General of the United Nations who was recently reappointed for a second term, and turned 60 on Sunday, June 27, 2021. Ms Mohammed is the first Nigerian to be appointed (and reappointed) as UN Deputy Secretary-General, and the second African woman ever to be appointed to that role. She was chosen, according to the UN Secretary-General, not only because she is highly competent, but also because she has a strong background in global affairs, development, diplomacy, human rights and humanitarian action. Amina served as the Senior Special Assistant to President Obasanjo on MDGs, and is a stickler for upholding the rule of law, the 16th goal on their list. Onikepo Braithwaite and Jude Igbanoi were also present at the Colloquium. On behalf of our Chairman & Publisher, Prince Nduka Obaigbena, the Managing Director of THIS DAY, Eniola Bello, and all of us at This Day, we sent our wishes for a happy 60th birthday to Amina, and told her that ‘Nigeria is proud of you’.
July 6,
‘States Should Collect and Utilise Their Own VAT’
Only a negligible number of female Lawyers have had the privilege of serving as State Attorney-General. Mrs Abimbola Akeredolu, SAN is one of such rare Nigerian female Lawyers who served in that capacity as Attorney- General of Ogun State 2013 – 2017, and distinguished herself as a thoroughbred advocate. She told Onikepo Braithwaite and Jude Igbanoi in this interview, the reason why she believes that we have not had many female AGs, the possible cause of the paucity of female Senior Advocates, and why she believes that State Police should be on the agenda in the restructuring of Nigeria. She also expressed her opinion, on the issue of open grazing
July 13,
Chief Emeka Ngige SAN clocks 60!
‘Not Every Igbo Believes in IPOB’s Agitation’
Hitting the age of 60 in a country where the life expectancy is 54.33 years, is a privilege that may not easily be available to many. The Chairman, Council of Legal Education, Chief Emeka Ngige, SAN turned 60 on Sunday, July 11, 2021, and in a chat with Onikepo Braithwaite and Jude Igbanoi, he defended his unflinching faith in the Nigerian nation, and why he doesn’t believe in IPOB’s agitation for self-determination, but rather a country based on equitable distribution of resources, appointments and projects. He also made a case for Devolution of Powers and State Police.
July 20,
PIB, a Bill with nine lives.
‘Will the PIB Guarantee a Better Petroleum Industry?’
The Petroleum Industry Bill 2020, is unarguably the most controversial piece of legislation that Nigerian lawmakers have ever been challenged with. It was conceived and birthed in animosity. It has gone through several Assemblies, and sat comfortably as the oldest Bill in the National Assembly, until its eventual passage in July. Several versions had been bandied around, until it was eventually passed by both Chambers. The question was whether President Buhari would assent to the final version of this controversial legislation. How did the present crop of lawmakers manage to scale the ethnic, religious and political hurdles to pass the final document into law, especially as those from the oil producing areas still seem quite dissatisfied with they deal they got? Senate Spokesman, Senator Ajibola Basiru, delved into the highlights of the new law.
July 27,
Ethnic Self determination.
‘Kanu and Igboho: Hard Choices Before Nigeria’
In the face of crippling economic and security challenges, the Federal Government of Nigeria under President Buhari, has had the additional challenge of dealing with dissent, and very worrisome and unrelenting agitations for regional autonomy and outright secession. One of the arrowheads of these agitations, is the leader of the proscribed Igbo nationalist organisation, Indigenous People of Biafra (IPOB), Nnamdi Kanu, who was abducted in Kenya and whisked back to Nigeria, ‘Gestapo-style’ to continue his trial in court. However, his arrest did not deter his counterpart in the South West, Sunday Adeyemo aka Sunday Igboho, who after the invasion of his residence by men of the DSS on July 1, 2021, fled the country to neighbouring Republic of Benin where he was arrested by the authorities while attempting to board a flight to Germany along with his wife, Ropo. The concerted efforts by the Nigerian Government to extradite Igboho, were the subject-matter of a diplomatic row between Nigeria and Benin Republic. In this Special Edition, Femi Falana, SAN, Dr Ayodele Akenroye, Kede Aihie and Jefferson Uwoghiren examined the complex legal issues arising from the convoluted international conundrum in this Discourse.
August 3,
Death for death row inmates?
‘As Governor, Aregbesola Didn’t Sign One Death Warrant’
The highly controversial issue of the abolition of the death penalty is one that has in the past few years, elicited debates between human rights practitioners and the Government. While there are religious and social postures in the push to abolish or not to abolish, the global move in the past two decades or more, has been towards doing away with the death penalty as a form of punishment. Many more countries have since erased the death penalty from their statute books, including several African countries, with the Francophone enclave leading the move. Nigeria, under the Obasanjo regime, stoically achieved the status of moratorium, that to the admiration and commendation of the international community, not a single death-row inmate was executed between 1999 and 2007. This huge stride is now in danger, as the Minister of Interior, Ogbeni Rauf Aregbesola, urged State Governors to sign death warrants to execute death row inmates, in order to decongest the Nigerian prisons. Chino Edmund Obiagwu, SAN, Paul Ashibel and Lazarus Chinweokwu advanced reasons as to why Aregbesola’s recommendation is not only archaic, but inhumane, especially as we have a system that doesn’t always guarantee justice.
August 10,
‘There Must be Robust Funding for the Judiciary’
Being a judicial officer in Nigeria can be quite daunting, given the peculiar challenges in Nigeria’s justice delivery system. This arm of Government has been struggling with gross underfunding, poor welfare, paucity of even the most basic infrastructure for the rather herculean task of adjudicating cases, bearing in mind that the Nigerian judicial dockets are one of the busiest in the world. The intricate responsibility of catering for Judicial Officers of Superior Courts of Record, including appointing, monitoring and disciplining them rests squarely on the National Judicial Council (NJC). However, for this body to effectively carry out its constitutional mandate it must be administered by highly competent personnel headed by the Executive Secretary, who is directly responsible to the Chairman of the Council, the Chief Justice of Nigeria. Onikepo Braithwaite and Jude Igbanoi caught up with the Executive Secretary of the NJC, Ahmed Gambo Saleh, to shed some light on the functions of the Council, and let us into some of the strides he has made since he took up the mantle of office in 2017, despite the huge challenge of inadequate funding of the Nigerian Judiciary.
August 17
‘With 10,000 Appeals, the Supreme Court is Overworked’
The Apex Court, despite being the highest court in the land is not without its own challenges, particularly underfunding and understaffing. In addition to these acute problems, their Lordships are overburdened with frivolous appeals that should not be clogging up their dockets. Between 2007 and 2019, over 10,000 appeals were filed at the Apex Court. For the outgoing second Female and 17th Chief Registrar of the Supreme Court, Mrs Hadizatu Uwani Mustapha, these are important issues that require urgent attention, in order to make the Supreme Court operate at an optimal level. Having enjoyed a successful and fulfilling career, as she bowed out on the attainment of the mandatory retirement age of 60, Mrs Mustapha shared her life’s story and experience from her robust career with Onikepo Braithwaite and Jude Igbanoi, narrating how she managed to put in place, numerous innovations and drive several initiatives while at the Supreme Court, despite the paucity of funds. And, going forward, among other endeavours, how she intends to establish an NGO devoted to the Girl Child.
August 24,
The PIA and Its Imperfections: Was Niger Delta Shortchanged?
After so many years of waiting for the Petroleum Industry Bill to be passed, most Nigerians, especially in the Niger Delta, expected a near perfect law from the National Assembly (NASS) that would assuage their worries and address age long concerns about lack of infrastructural development in the area, and environmental pollution/ degradation, resulting in a loss of livelihood for many, and chronic ailments like cancer and birth defects emanating from oil exploration and production activities. Last month, the PIB was finally passed into law by the NASS, and speedily assented to by the President. Alas! the newly enacted Petroleum Industry Act (PIA) has not met the expectations of many, nor does it seem to have addressed the concerns of Niger Deltans that have caused them to weep over the last few decades. For many, it’s not a case of how long, but, how well; and, disappointed, they are already talking about amendments to the PIA, even before the ink with which President Buhari signed the PIB into law, is dry. In this discourse, Chief Mike Ozekhome, SAN, Senator Ndoma Egba, SAN, Norrison Ibinabo Quakers, SAN, Chief Layi Babatunde, SAN, Professor Andrew I. Chukwuemerie, SAN, Abubakar Sani, Chief Dan Orbih and Tolu Aderemi weighed in on the contentious piece of legislation, pointing out its many imperfections and how to possibly address them, while Taiwo Oyedele pointed out 20 highlights of the new law.
August 31,
The open grazing conundrum
Federal Gazette Provides for Grazing Reserves: Fact or Fiction?
Since the Northern Governors Forum, the Southern Governors Forum, Miyetti Allah Cattle Breeders Association and other stakeholders, seem to agree that open grazing is an anachronistic method, and ranching is a better approach to animal husbandry in today’s modern times, it has continued to baffle and confound many, the reason why the Presidency, despite Government’s National Livestock Transformation Plan, is still talking about Federal Gazette on grazing reserves and routes, claiming to have identified 300 of such reserves in 25 States of Nigeria. In this Discourse, Femi Falana, SAN and Dr Osagie Obayuwana insisted that no such Gazette or nationwide grazing reserves exist, and saw Government’s claim as an attempt to somehow try legitimise open grazing, a regressive move which should be rejected by all.
September 7,
Sokoto A-G speaks to THIS DAY Lawyer
‘Sokoto Criminal Justice System, is Speedy and Responsive’
Sokoto State is one of the largest States in Nigeria, by virtue of its land mass. Its vastness and being a border State, presents its own peculiar challenges, especially in the area of justice administration. The recent upsurge in banditry and trans-border crimes, hasn’t helped matters. In an interesting encounter with the Attorney-General and Commissioner for Justice of Sokoto State, Sulaiman Usman, SAN, the learned Senior Advocate spoke to Onikepo Braithwaite and Jude Igbanoi on the achievements of his Ministry during his tenure, including the innovations inserted in the Sokoto State Administration of Criminal Justice Law 2019, and how he handles justice administration in a State that operates a dual system of criminal law, while he bore his mind on what has become a vexed issue in Nigeria, that is, the issue of open grazing. He also stated that serving as an Attorney-General under a ‘Lawyer-Governor’ is not a tea party, as a display of high skills and intelligence are imperative.
September 14
The NBA General Secretary speaks
‘Leadership Positions are Not the Exclusive Preserve of Men’
38 years after the first Female General Secretary of the Nigerian Bar Association (NBA) was elected in the person of Mrs Hairat Aderinsola Balogun, last year saw Mrs Joyce Oduah, the second Female Lawyer in the history of the Association, to be elected into that office. Onikepo Braithwaite and Jude Igbanoi took her up in an engaging dialogue on a range of professional and gender issues, including the bothersome subject of the paucity of women in key positions, not only within the legal profession, but in the Nigerian polity generally.
September 21,
Mr Modupe Alakija speaks to THIS DAY Lawyer
‘Famfa Oil is a Family Business’
The oil and gas industry in Nigeria and indeed, everywhere else, is not for the lily-livered, as only the fittest survive, especially in these recent austere times. Despite the inclement operating environment, Famfa Oil Limited has weathered all the storms, and has continued to maintain its lead as one of Nigeria’s foremost indigenous oil prospecting and producing concerns. Onikepo Braithwaite and Jude Igbanoi spoke to Mr Modupe Folarin Alakija, a Senior Lawyer of almost 50 years standing and co-founder of Famfa Oil Limited in this interview. He shared his experiences and challenges in surmounting the numerous obstacles which eventually led to the birth of Famfa’s Oil Field, ‘Agbami’ and real estate company, Dayspring Property Development Company Ltd. While Mr Alakija also discussed the falling standards of the legal profession which he sees as part of a system that is generally in decay, he affirmed his belief in ‘One Nigeria’.
September 28,
Dr Valerie Azinge, SAN is THIS DAY Lawyer’s Guest.
‘Hopefully, the 2014 National Conference Report Will Resurface’
For Dr (Mrs) Valerie Azinge, SAN, the climb to the top was steady. With a chain of academic feats, Dr Azinge has served the country in various capacities, including being Secretary to the epochal 2014 National Conference. Called to the Bar 1981, she obtained an LL.M from the London School of Economics and Political Science in 1984 and a Ph.D from the Ambrose Alli University, Ekpoma in 1990. She is the author of the ‘Jurisprudence of Failed Banks Tribunal’ and the ‘Law of Broking in Nigeria’. She spoke with Onikepo Braithwaite and Jude Igbanoi on a wide range of issues, including gender affirmative action, the controversy over the collection of Value Added Tax, and her optimism that one day the Report of the National Conference would see the light of day.
October 5
When death came calling on Ladi Williams
Ladi Williams, SAN: Exit of a Legal Luminary
The eldest son of late Chief Rotimi Williams QC, SAN, Chief Oladipupo Rotimi-Williams, SAN, joined the saints triumphant in the early hours of Sunday, October 3rd, 2021, as a result of complications due to Covid-19. He was aged 74. The Learned Silk was said to have been fully vaccinated, having taken the two doses of the AstraZeneca vaccine, before his demise. The President of the Nigerian Bar Association, Olumide Akpata, and brother Silk, Chief Mike Ozekhome, pay tribute to the late Chief Ladi Rotimi-Williams, SAN.
October 12,
A lady of many firsts speaks!
‘Hairat Aderinsola Balogun: Still an Inspiration at 80’
Hardly any female Lawyer in Nigeria, can rival her monumental accomplishments. First female Attorney-General of Lagos State, First Chairlady, Body of Benchers, First female General Secretary, Nigerian Bar Association, first female President and first female member of Rotary Club Lagos. Mrs Hairat Aderinsola Balogun OON remains a beacon of optimism, for all Nigerian Lawyers, both male and female. As she turned 80 on Sunday, October 10th, 2021, she spoke with Onikepo Braithwaite and Jude Igbanoi on several issues, including the secret of her youth.
October 19,
The pre-Conference edition
‘Security Will be Top Priority at the 2021 NBA-AGC’
For the 2021 Annual General Conference of the Nigerian Bar Association, Lawyers will converge in the Garden City of Port Harcourt, Rivers State. The Chairman of Technical Committee on Conference Planning, Frank Omubo Briggs assured Onikepo Braithwaite and Jude Igbanoi that, although the Conference themed “Taking the Lead” is hybrid in nature, that is, both physical and virtual, it would be a memorable experience for Conferees who are promised a mentally invigorating, insightful, educative time, as well as a fun-filled time.
October 26,
The edition that shook the world!
‘The Pandora Papers Exposé’
Like a hurricane, the feathers of the ‘rich’ were rustled by the International Consortium of Investigative Journalists (ICIJ), in what some say is the most audacious leak of some of the financial activities of a number of ‘rich’ men and women globally. The ICIJ revealed the offshore havens and concealed/clandestine/hush-hush riches of world leaders, Government officials and billionaires, exposing and unmasking the covert owners of offshore companies, secret bank accounts, private jets, yachts, mansions and artworks. As usual, “Naija no dey carry last” – Nigerians were not left out, having the highest number of Politically Exposed Persons amongst the African countries listed. Some of the issues in this Discourse bordered on tax evasion, money laundering and more. Norrison Quakers, SAN and Jide Ojo delved into the confounding flight of Nigeria’s wealth to the various tax havens, and the implications for the nation’s fight against corruption and poor state of the economy, while Ikechukwu Amaechi roundly defended former Governor of Anambra State, Peter Obi, whose name featured prominently on the list.
November 2,
It was a ‘Conference Special Edition’ headlined NBA ‘Takes the Lead’ on National Issues During 2021 AGC’
The Nigerian Bar Association, the largest professional body in Africa, last week held its flagship event, the 2021 Annual General Conference at the Yakubu Gowon Stadium, Elekahia, Port Harcourt, Rivers State. The Olumide Akpata led team of National Officers of the over 120,000 strong Association, left Lawyers in no doubt that indeed, the NBA can live up to its billing as the foremost defender of the rule of law. Onikepo Braithwaite and Jude Igbanoi who attended the weeklong event, report on the day-to-day proceedings, where Lawyers ‘Took the Lead’ and offered pragmatic insights on many topics pertaining to how Nigeria can peacefully resolve its present constitutional impasse, and generally become a better, stronger nation.
November 9,
The Judiciary came under heavy attack!
‘Attack on Odili’s Residence: A Desecration of Nigeria’s Judiciary’
When the homes of judicial officers were massively invaded by the DSS in October 2016, the nation was aghast, and Nigerians condemned the invidious act unreservedly. Many intoned ‘Never Again!’ And, little did anyone imagine that such an ugly incident would occur again. However, on Friday, October 29, 2021, at the residence of Honourable Justice Mary Ukaego Peter-Odili, the second highest ranking Justice of the Supreme Court of Nigeria, there was a nightmarish encounter with members of various security agencies. They invaded her residence at No. 7 Imo Rivers Street, Abuja, under the cover of darkness. The operation which was carried out on the strength of a dubious Search Warrant issued by a Chief Magistrate, is now the subject of controversy, as the Magistrate claims that he was misled into issuing the warrant, and the Attorney-General of the Federation and the heads of the other agencies involved in this unfortunate incident, have denied that they participated in it. Would any security agency, without the support of someone or people in high positions of authority, have the audacity to launch such an attack on the residence of the No. 2 Judicial Officer in Nigeria? Femi Falana, SAN, Aikhunegbe Anthony Malik, SAN, Sylvester Udemezue and Joseph Otteh went into the heart of the issues, and the unsavoury implications of the incident on Nigeria’s fledging democracy in this Discourse.
November 16,
This was one of the saddest editions of the year with the collapse of the 360 Degrees Towers.
‘Building Collapse in Nigeria: Concerns and Practicable Remedies’
Building collapses are not uncommon around the world. Many countries, including USA, have had their fair share of failures which have resulted in the collapse of buildings. Recently, on June 24, 2021, a 12-storey beachfront condominium complex in Miami partially collapsed, leaving 98 people dead. On November 1, 2021, one of the three high-rise buildings in the 360 Degrees Towers Complex located at 44, Gerrard Road, Ikoyi, Lagos fell down like a pack of cards claiming 46 lives. What really happened? Putting conspiracy theories aside, Olawunmi Alade and Oghenekevwe Ibodje, Aderemi Fagbemi and Bayo Owojori tackle the legal and regulatory issues arising from the monumental disaster from which the nation is yet to come terms with.
November 23,
Bang, the Judicial Panel Report is out!
‘Who is Afraid of the Lekki Judicial Panel of Inquiry Report?’
October 20, 2020 will go down in the annals of Nigeria’s history, as ‘Black Tuesday’. It was the evening during which a nation watched in bewilderment, as the Army rolled out its armoury and opened fire on hapless, unarmed and defenceless Nigerian Youths who congregated at the Lekki Tollgate Plaza to join in the protest to end Police brutality in Nigeria. Ironically, they ended up being brutalised, also by the Police once again! As would be expected, the Lagos State Government set up a Judicial Panel of Inquiry, to examine the remote and immediate causes of the unfortunate incident, and determine whether or not, lives were lost. This month, the Panel submitted its damning Report to the Lagos State Governor; a Report which had not been officially released, but, somehow leaked to the Public. The findings which were discussed on various news platforms, even by Counsel to the Lagos State Government, indicate that the Lekki incident was nothing short of a massacre. Femi Falana, SAN, Olumide Babalola and Sam Akpologu delved into the vexed issue, and drew attention to the salient points in the Report.
November 30,
Another sad edition.
‘Hon. Justice Ilori: A Judicial Titan Goes Home’
A valedictory court session was held on Wednesday, November 24, 2021, in honour of the 9th Chief Judge of Lagos State, Honourable Justice Samuel Omotunde Ilori at the High Court of Lagos State, Ikeja. His Lordship who joined the Saints triumphant on October 12, 2021 at the age of 87, had an illustrious career. He also had an expansive Magistrate Court named after him, during his lifetime. He was celebrated in Tribute by his daughter, Hon. Justice Olusola Williams (Rtd), Chief Mrs Abimbola Williams Akinjide, SAN, Hon. Justice Olabisi Akinlade and Olukayode Enitan, SAN. May the soul of the faithfully departed, rest in peace. Amen.
December 7,
The nation’s premier training legal institution was the lead in this edition.
‘Law School Campuses: How Many, How Necessary?’
In 1962, the Nigerian Law School, the nation’s only qualifying training institution for Lawyers, took off at a temporary structure at No. 213, Igbosere Street, Lagos, before moving to its permanent site on Adeola Hopewell Street, Victoria Island. The School’s pioneer set of students, mostly already called to the English Bar, have over the decades, turned out some of the best Lawyers in Africa, some of whom have distinguished themselves at the Bar and on the Bench. As Nigerian Universities continued to churn out Law graduates, and the number of prospective Lawyers seeking admission into the only campus of the Nigerian Law School soared, it became necessary to expand, in order to accommodate more entrants. Thus, in1997, the Bwari, Abuja Campus of the School was opened to admit more students, then that of Enugu; Kano in 1999, and subsequently, Yenagoa in 2009, Yola in 2013, and Port Harcourt which is still under construction, was established in 2021. But, ever since these additional campuses have been established, there has been a demand for the establishment of more Law School campuses, six to be precise, to be sited in the geopolitical zones. How healthy is this call for more campuses? Is it just about playing politics? Are new campuses necessary, when the existing ones are suffering from gross underfunding, while some of them remain under-utilised? Are the existing campuses not already
spread across the geopolitical zones? Can the existing campuses not just be expanded, if the need arises? The Council of Legal Education (CLE) recently issued a Report and Guidelines on the subject-matter. Hon. Igo Aguma, Abubakar Sani, Bayo Owojori, Rasheed Ibrahim and Tolu Aderemi, examine the contentious issues surrounding the call for more campuses of the Nigerian Law School; and they all (including CLE) seem to agree that while the Law School has issues that need to be resolved to improve its standard generally, the building of new campuses in the six geopolitical zones is unnecessary.
December 14,
It was a sad edition announcing the passage of one of Nigeria’s judicial titans.
‘Babalakin JSC, the Quintessential Jurist Raps his Last Gavel’
It is an understatement that late Honourable Justice Bolarinwa Oyegoke Babalakin, JSC (Rtd), CON, CFR, who died on Saturday, December 4, 2021 at the ripe old age of 94, left his distinct footprints in the sands of time. His plethora of erudite judgements, have enriched Nigeria’s jurisprudence. Even in retirement, his Lordship played a crucial role in the affairs of the nation, including his intervention in the face-off between the Federal and Lagos State Governments, over the withheld Local Government funds by the Obasanjo administration. His son, Dr Bolanle Olawale Babalakin, SAN and Mutiu Ganiyu, here paid tribute to the Judicial Icon, whose recent passage is a huge loss to the Nigerian Judiciary. We payed that Allah admit Justice Babalakin into Aljannah Firdaus. Amin.
December 21
For President of the Bar, it was an opportunity to speak to Nigerian Lawyers on sundry issues to end the year.
‘NBA is Firing Again On All Cylinders’
The Nigerian Bar Association is unarguably the largest professional body in Africa, with over 200,000 members spread across 125 Branches. The daunting of task of administering such a large number of learned persons, comes with huge challenges. Olumide Akpata assumed office as NBA President in August 2020, and hit the ground running. Apart from pulling off a successful Annual General Conference of the Association in Port Harcourt, Rivers State recently, his administration has tried to rise to most occasions and play the role that is expected of a Bar Association, which many Lawyers had complained that the NBA had not been doing in recent years. Onikepo Braithwaite and Jude Igbanoi discussed several issues with the NBA President, including an account of his steward-ship so far, concerns about Association and its members, judicial reform and the welfare of judicial officers, the #EndSARS Report and White Paper, and plans for the rest of his tenure.
Epilogue
Indeed, it was a year of an admixture of the good, the pleasant and the not too pleasant. The Bar and the Bench are in need of reform, and it is our hope that we see the much needed improvements in the coming year. Thank you for your readership. We look forward to seeing you in 2022.

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