In recent times, I have been seeing tweets asking what became of the criminal trial involving Senator Orji Uzor Kalu, former Governor of Abia State, Senator representing Abia North Senatorial Zone and the Senate Chief Whip. Those tweets also piqued my interest and got me digging. I present to you an intriguing case that raises several questions about the Nigerian criminal justice system. This is merely an informative or, if you like, educative thread and will not involve my personal views. Also, everything here is sourced from publicly available info.

1. For decades, something critical has been missing in the justice delivery system in Nigeria - the lack of clarity regarding the jurisprudential or ideological leanings of our Justices, especially the Law Lords at the Supreme Court. In a way this shouldn't have been a surprise. 2. The best thing a country's justice system can offer the business community is legal certainty. It is secondary if court decisions are wrong, or wrath injustice. What is primary is that the legal community must be able to consistently prophesy with a reasonable degree ...

I will start this thread with a quote from a tweet by @OmoGbajaBiamila earlier today, “[d]emocracy guarantees your right to freedom of choice. However, that choice of yours is up for debate, questioning and critique by others, and that's another right guaranteed by democracy.” The above has become necessary in view of the torrents of abuses that supporters of Mr. Peter Obi now routinely dish out to anyone who exercises a constitutional right to express an opinion against his candidature. These days, that's all it takes to become public enemy No. 1.

On 25 February 2022, President Muhammadu Buhari reluctantly assented to the new Electoral Act, 2022, but objected to Sec. 84(12) in the Act, and asked the National Assembly to re-consider it. On 9 March 2022, the National Assembly the National Assembly declined this request. On 16 March 2022, the Hon Attorney General of the Federation while fielding questions from correspondents after the weekly FEC Meeting hinted that the FGN (Executive) is considering suing the National Assembly. On 18 March 2022, the Federal High Court struck down the section.

Sometime in 2009 while serving as a Judge of the SUG High Court of Abia State University, Uturu I was appointed into a judicial panel of inquiry headed by my learned brother as he then was, Hon. Justice Ifeanyi Idika to investigate an act of alleged sabotage by Motorcycle Riders. The background to this was that for years, Motorcycle riders in ABSU historically increased their fares during examination period to take advantage of students. So the SUG President devised a cerebral means to tackle this. He brought in competition by buying KEKE NAPEP tricycles.

On my way to work today, while catching up on my myriads of unread WhatsApp messages, I decided to scan through the compilation of newspaper headlines and one caught my attention, "Senate mulls life imprisonment for kidnappers." I got confused 😕 What's the Senate's business? I was confused because the last time I was taught Constitutional Law in school, I knew it was not within the legislative competence of the National Assembly to make law on crimes (except in specific cases) except for the FCT. So I decided to read at least 3 versions of the story.

That it is contained in a law (not the Constitution) does not make it valid. The 1999 CFRN is supreme and its provisions have binding effect on all bodies and persons. Where any law is inconsistent with the CFRN, such law shall be null and void to the extent of the inconsistency. The Supreme Court has made clear the essence & purpose of ex parte applications and the circumstances under which interim orders can be granted. Indeed in the old line of cases (from the golden era) led by Kotoye v CBN, the Court explained the transient nature of interim orders:

On Tuesday 8 August 2000 the then Senate President (my personal fav) the Late Dr Chuba Wilberforce Okadigbo was removed from office on allegations of corruption/misuse of public funds. That same day I first learnt of the extraordinary exchange between him and Dr Nnamdi Azikiwe. We all remember Dr Nnamdi Azikiwe (Zik) as the 1st indigenous Governor General of Nigeria & the 1st President, who was removed from office in the infamous coup of January 1966. What is less known in this history deprived era is that Zik subsequently tried in vain to be President.

A Senior Advocate of Nigeria who knows, or reasonably ought to know, that ex parte orders have limited life span, typically 7-14 days, asked a court to make an order freezing the accounts of Nigerian citizens for 120 days! And a judge who is deemed to know better granted 90 days! Apologies, the learned Silk actually asked for the accounts to be frozen for 180 days!

THERE IS STILL HOPE FOR NIGERIA AFTER ALL: THE #ENDSARS PROTESTS AND WHAT IT (PERSONALLY) MEANS TO ME.

A TRUE LIFE STORY THAT I HOPE SOME CAN RELATE WITH. AS I TYPE THIS ALL THE EMOTIONS OF THE PAST 24 MONTHS ARE COMING BACK.

A THREAD! On 24 January 2020 while aboard the Emirates Airways Flight EK30 from London Heathrow Airport to Dubai, United Arab Emirates from where I was to take a connecting flight to Lagos, I found myself lost in thought, which was predominantly one of melancholy.

Anyone [lawyer or otherwise] who is interested in International Investment Law or International Economic Law or generally interested in that aspect of economic development can check out the following sources of free materials.

https://twitter.com/OrjiUka/status/1264645818553896960

For comprehensive information or materials look no further than the Website of The United Nations Conference on Trade and Development (UNCTAD). They have up to date information on investment policies, Bilateral and Multilateral investment agreements etc.
investmentpolicy.unctad.org

The accuracy in this tweet has given me an opportunity to discuss something I have been forgetting to. We from the South always find it convenient to blame the North of having a "born to rule" mentality. Assuming that's true, a fair share of the blame belongs to us.

https://twitter.com/AfamDeluxo/status/1311003857837752323

From my study of the political system in Nigeria I can say confidently, and proceed to demonstrate, that apart from President Buhari who appears to have the mentality of "what will you do?" Northern political leaders have simply been more strategic than the Southerners.

In light of the judgment of the FCT High Court reportedly awarding the sum of N50 million as damages to Osimibibra Warmate against Senator Elisha Abboz who the Senator was caught on tape assaulting, it is time to revisit this tweet especially the part about "no justice".

https://twitter.com/QueenExtha/status/1289314199508639744

I expect all Legal System lectures in Nigerian Universities to use this incident to illustrate to their students the stark difference between the two pillars of the Nigerian adjectival law - criminal procedure system and the civil justice system. If only they update their notes.

One of the most impactful books that I have read is ‘The Outliers’ by Malcolm Gladwell. The Book is a contradiction of sorts because it talks about those who have talents that mark them apart & make them special, yet a central point of the Book is that there is no self-made man. In the journey to the top (you and I know that I am on my way) we are often blessed with those who God places on our path to facilitate that journey as well as those whose responsibility in our lives is to provide a stumbling block. It takes a discerning mind to decipher which.

I like the emphasis on fundamental rights of citizens in this Police Establishment Bill 2020 that I am reading. I only hope there isn't too much of a difference between this version and what the President signed into law yesterday. The Police Establishment Bill 2020 (& hopefully the Act) provides that the minimum qualification for appointment as Inspector General of Police is first degree. 👌🏾Introduce similar requirement for election to the office of President of Nigeria and see all hell break loose 😭

Good morning and welcome to this inter-denominational and indeed inter religious service. The topic of my exhortation today is "Woe to the Wicked Harlot" and my reading is taken from the Book of 1 Kings 3:16-28. The First Book of Kings in the Old Testament begins with the declining strength of possibly the greatest King in the history of Israel, King David. Before his death, David gave some wise counsel to his son, Solomon who ultimately took his place and the King of Israel.

Our distinguished SANs should take their L in peace and move on please. Before you know it, the tenure of office of the NBA President would have ended. The more they dig, the more it reflects badly on them. Olumide Akpata did not emerge without support of some SANs as well 🤷🏾‍♂️ Meanwhile it is just now I am realising that the Body of Senior Advocates of Nigeria named Chief J. K. Gadzama SAN (who lost election in 2016) to HEAD the committee to audit the 2016, 2018 & 2020 NBA elections, thereby making him a judge in his own cause. What more can I say?

Sometime in June 2020, I published a paper titled, 'A Call for the Establishment of a Pan-African Harmonised Private International Legal Regime to Actualise Agenda 2063'.

https://twitter.com/OrjiUka/status/1283509214053269506

I joined eminent writers in issuing a clarion call for the wider study of private international law (PIL) in general & a harmonised African PIL in particular. What I didn't mention was that [believe it or not] before June 2020, there was NO comprehensive PIL Textbook in Nigeria.

Two weeks ago I had to correct a widespread mischaracterisation of the concept of waiver of sovereign immunity. Today I see myself again forced to discuss the 2020 CAMA. So far the reviews I have read appear not to be from a standpoint of legal knowledge but pure sensationalism. The yet to be gazetted CAMA 2020, which has no commencement date for now, comprises a whopping 870 sections! A comprehensive review of the Act is therefore no mean feat. Indeed I do not know one person who has. But that has not stopped piecemeal reviews.

"Rather than create the enabling environment for Foreign Direct Investments; Nigerian governments routinely breach contracts with relative impunity and thereby ultimately undermine their investment drives." The foregoing constituted the premise of my LLM Dissertation submitted to
@KCL_Law of @KingsCollegeLon in August 2019 with the title, 'An Appraisal of the Legal/ Regulatory Regime for the Promotion & Protection of Foreign Investments in Nigeria'.

Sometime last week, news broke that the House of Reps had uncovered a clause in a loan agreement between Nigeria and Export-Import Bank of China in which Nigeria reportedly conceded its sovereignty to China. In the words of @TexTheLaw there was no gaddem chill in the land. I have consistently shared the view that Nig Govt officials at the highest level routinely execute contracts esp with foreign parties with little/no appreciation of the implications of some of the contractual terms. Despite this, I found this latest allegation rather fantastic.