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.
It turns out that there is indeed a bill before the Senate sponsored by Senator Ibikunle Amosun which has already scaled 2nd reading. The bill seeks to introduce stiffer punishments & punitive measures to combat and prevent kidnapping or abduction in Nigeria.
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:
In 1995, this is what the Supreme Court said per Wali JSC in Seven-Up Bottling Company Limited v. Abiola. I also did not see any ambiguity until now.
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.
At the end of the 2nd Republic Presidential elections in 1983 which was contested by Shehu Shagari (NPN), Awolowo(UPN), Zik(NPP), Aminu Kano(PRP), Ibrahim Waziri(GNPP) and Tunji Braithwaite(NAP), the FEDECO Chairman, Ovie Whiskey announced Shagari as the winner of the election.
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!
Yesterday I was talking about how Nigeria's political class learns something, from say the UK, only to turn it into something unrecognisable, typically an instrument of subjugation. And this applies is virtually all aspects of our daily lives. One of such is the rank of SAN.
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.
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.
What was the source of my mood? The feeling or realisation that I might have failed. I had just graduated from King's College London where I bagged a Master's Degree in International Business Law and I was returning to my home country.
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.
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
If you have heard of the much talked about World Investment Report which is published annually and wondering how to get a copy and more, then that UNCTAD Investment Policy is the place.
Just browsing through the materials on this Website can take 24 hours 😁
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.
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.
I will use just one example to drive home this point. While one example should not constitute sufficient sample size, when something happens consistently for 30 years, you should be able to rely on it as authoritative. What's that? The appointment of the Chief Justice of Nigeria.
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".
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.
It is not all the time Donoghue v Stevenson; UAC Foods v MacFoy; Smith v Selwyn; Acraman v Maurice; Madukolu v Nkemdilim; or even Idundun v Okumagba. Some, if not most, times contemporary cases serve as the best illustrations.
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.
The inspiration to write this tribute came while reading a dazzling tribute about the subject of today’s celebration, the one we call ‘Teacher’, by his self-styled life-student @FlorenceOzor.
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 😭
Very importantly too, the 2020 Bill provides that a Police Officer can conduct prosecution in any court in Nigeria if he is a legal practitioner. This is huge! I look forward to seeing the version that President Buhari signed into law.
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.
In Chapter 3 of the 1 Kings, Solomon did something that pleased the Lord greatly. After offering an acceptable sacrifice to the Lord, King Solomon was given a blank cheque to state what he wanted by God. In a move that pleasantly surprised the Lord, King Solomon asked for wisdom.
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?
The saga continues| Prof. O. D. Amucheazi declines BOSAN's Appointment as a Member of the NBA Election Audi Committee.
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.
It is gratifying to report now that two of the eminent scholars I heavily referenced in my article Prof Richard Frimpong Oppong and Dr. Chukwuma Samuel Adesina Okoli have now filled that huge academic void by publishing the first comprehensive PIL Textbook focused on 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.
It is therefore in response to the piecemeal review of the CAMA especially the most widely circulated one by the respected writer below that I am forced to issue the following observations. A more comprehensive review of the Act remains a work in progress. newswirengr.com/2020/08/16/sta…
"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'.
Exactly 12 months after that assertion, it is regrettable to report that rather than improve, things have largely degenerated and both tiers of Govt in Nigeria (do the LGAs still count?) have declared war on businesses. In hindsight we should have seen it coming.
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.
The concerns from the comments I have read show mounting concerns over the rising trend of the Nigerian government signing loan agreements with a clause that waives the sovereign immunity of the country if Nigeria defaults in its repayment plan.
The 1st time I met Mr J. B. Dauda, SAN former President of the NBA was at the SBL Conf 2014. On that occasion he made a statement that shocked. He said rather than ask for better salaries, young lawyers should be the ones paying their firms since they are learning from the firms.
My good friend, Nwagu Amudi is my witness. The SBL Vice Chairman then, Mr Asue Ighodalo had to pick the mic to openly break with Mr Daudu, SAN. Nwagu and I (only) gave the former a standing ovation. Of course you don't blame other young lawyers. The Bosses were also in the room.
Read this statement by Mr J. B. Dauda SAN and ask yourself why he has such disdain for young lawyers. Note that his statement is coming after the infamous letter from his brother silk, Asiwaju Awomolo, SAN. Despite that letter, he still penned this: newswirelawandevents.com/why-nba-needs-…
I am happy with the groundswell of opposition to the latest senseless policy by Nig Govt through its agency NIPOST. Apart from being antithetical to the Govt's ease of doing business grandstanding, the timing of the policy could only have emerged from someone who is tone deaf.
That said, without trying to play the "I told you so" card, to the discerning it was only a matter of time before we got here. For long we have been shouting that Govts have no business in business. And one Govt in particular that has historically proven that is the Nig Govt.
For decades Nigerian Govt agencies, who ought to restrict their remit to effective regulation, have viewed themselves as competitors of businesses and have never hesitated to use every opportunity to introduce policies designed to kill the competition [businesses].
At the end of the @nbasblofficial
e-Conference we played a lovely game 'This or That' or more like What Kind of Person are you? courtesy of Gambit which I really enjoyed. It is not designed to instigate rivalry but just to highlight our differences in life. I invite you to play.
What we are seeing from Pres. Trump is the most brazen abuse of power ever, with the health & safety of people an inconsequential consideration. Every discerning mind knows that the pressure from the administration to reopen at whatever cost is predominantly a political issue.
The administration has now threatened to deny visa to international students of schools whose classes will be conducted online this session, all in a bid to pressure the schools into opening up, with scant regard for the health and safety of the students. This is dangerous.
For those asking what is my interest, I have largely refrained from commenting on the current US election but this move affects millions of prospective students from all over the world including Nigeria.
If I do say so myself, I have been one of those vocal about cases of disrespect for the Rule of Law by the Buhari administratn. To show that it was never personal I am happy to sing the President's praises to the high heavens today for doing the right thing. As this thread shows.
Weeks ago justice reform advocates like @ChidiOdinkalu@sjonu@ByAtsen and others in @BarInitiative raised alarm on this streets about the patently questionable nomination of 33 new Judges of the FCT High Court by the NJC. Discerning minds knew that some things did not add up.
The @BarInitiative promptly petitioned President Buhari to suspend the appointment and cause an investigation to be conducted into the process. To compliment that, the @JRPNigeria filed an action at the FHC Abuja to challenge the appointment of 21 names on the #NJC33