Home Blog Page 1041

The Central Bank Of Nigeria Notices On Cryptocurrencies; A Ban Or A Banger?

Daily Law Tips (Tip 732) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:
No doubt, the Central Bank of Nigeria (CBN) is the bankers bank in Nigeria and more importantly, the regulator of banking sector and federal treasury. With the recent prohibition of dealings on crypto currencies in Nigeria, the Central Bank of Nigeria has become more popular (or notorious depending on view stand) among Nigerian youths, businesses and persons with interest in alternative payment options. Many have sought to know, if the CBN has acted above and beyond its powers under the laws of Nigeria and the chances of obtaining court orders to stop the CBN. Hence, this work focuses on the powers of the Central Bank of Nigeria (CBN) over digital payment options, wallets and crypto-currency in Nigeria. It concludes that the CBN notices on cryptocurrencies are not prohibitions (ban) rather loud emphasis (banger/reiteration) on the illegalities of cryptocurrencies in Nigeria under the laws of Nigeria.

Earlier on 12 January 2017, the Central Bank of Nigeria sent a notice (Ref: FPR/DIR/GEN/CIR/06/010) to all banks and financial institutions in Nigeria, warning them on the illegality of virtual currency operations in Nigeria. Even with this, more cryptocurrencies rose in Nigeria and by another notice dated 5 February 2021, the Central Bank of Nigeria sent another warning to all financial institutions in Nigeria. Unlike the first notice, by the second notice, the CBN ordered the immediate closure of all accounts that transact/operate on cryptocurrencies and for their owners to be identified or risk facing severe regulatory sanctions.

Government Formations Must Be Lawful:
Nigeria is presently the creation of the constitution of the federal republic of Nigeria. The constitution of Nigeria empowers the federal legislatures (the National Assembly) to make laws for Nigeria. To set up agencies for government, the legislature makes laws to create such agencies, listing out their powers, functions and compositions, among other things. On this note, the federal legislature created the Central Bank of Nigeria Act which is the basis for the creation, operation, powers, functions, compositions, regulations, guidelines and orders of the Central Bank of Nigeria.

The initial federal law creating Central Bank of Nigeria was made in 1958, while the bank commenced operations on 1st July 1959. Decades later, in 1991, the law was amended but that has since being replaced by a new law made on 25 May 2007 and it is officially referred to as the CENTRAL BANK OF NIGERIA ACT, 2007.

The CBN and the Control of Cryptocurrencies:
Ahead of the powers of the Central Bank of Nigeria, the principal objectives of the CBN, includes; “(a)  ensure monetary and price stability; (b) issue legal tender currency in Nigeria; (c) maintain external reserves to safeguard the international value of the legal tender currency; (d)  promote a sound financial system in Nigeria; and (e)  Act as banker and provide economic and financial advice to the Federal Government.” Clearly, crypto currencies are legal tenders (at least in many countries, excluding Nigeria) and as such issues relating to crypto currencies are issues with the main objective of the Central Bank of Nigeria.

The CBN Act states that the unit of currency in Nigeria is the Naira and Kobo and a Naira is made up of 100 Kobo. This means that statutorily there is no space for alternative currencies (foreign or local, physical or digital) in Nigeria. Also, only the Central Bank of Nigeria has powers to determine the exchange rates of the Naira, and this means that any alternative platform (physical or digital) that determines the exchange rates of Naira is unlawful. This naturally criminalizes most online and digital wallets, hubs and platforms.

Also, only the Central Bank of Nigeria as the powers to issues notes and coins in Nigeria. The Central Bank of Nigeria Act (the CBN ACT) Cleary states that the federal government of Nigeria, state governments, local governments and all other persons and authorities in any part of the world, cannot issue any “currency notes, bank notes or coins or any documents or tokens” as a legal tender. Without any stretch, “currency notes, bank notes or coins or any documents or tokens” covers all forms of digital currencies and crypto-currencies. Hence, by law, only the CBN can manage or authorize digital wallets, digital currencies and crypto-currencies in Nigeria.

By section 20 of the Central Bank of Nigeria Act, it is unlawful to use any currency in Nigeria apart from the Naira and Kobo. This means that using crypto-currencies is unlawful even without a regulation from the Central Bank of Nigeria. Furthermore, the same section gives power to the CBN to state “… the circumstances and conditions under which other currencies may be used as medium of exchange in Nigeria.” This clearly empowers the CBN to regulate and to determine when and how a crypto-currency may become useable in Nigeria.

The Central Bank of Nigeria has the powers to demand and obtain any information “relating to or touching or concerning matters affecting the economy of Nigeria” and obviously crypto-currencies are one of them. Also, the CBN has powers to issue “… guidelines to any person and any institutions under its supervision.” And this is one of the grounds for the CBN orders to all banks and other financial institutions on crypto-currencies. Failure to provide information to CBN and the provision of false information are all criminal offences.

Some digital wallets and crypto-currency platforms are operationally like bureau de change business outfits. However, only the Central Bank of Nigeria has the powers to license and to regulate such businesses in Nigeria. This means that digital wallets and crypto-currency platforms will need CBN license for their bureau de change operations. In practice, many digital wallets and crypto-currency platforms operate under existing CBN licenses to banks and other license holders, to avoid the rigorous licensing procedures and due diligence. Consequently, such exchange platforms lack the needed Anti-Money Laundering/Combating the Financial Terrorism (AML/CFT) protocols, and avoid keeping records of customers as well as internal control to detect terrorists and their financiers. They also make no reports to law enforcement agencies and allow Non-Financial Institutions to operate without the Special Control Unit against Money Laundering (SCUML) Certificates.

Cleary the unlawful actions of cryptocurrencies in Nigeria are in violation of some federal laws like; the Central Bank of Nigeria Act 2007, the Money Laundering (Prohibition) Act 2011, the Terrorism (Prevention) Act 2011, the Terrorism Prevention (Freezing of International Terrorists Funds and Other Related Measures) Regulations 2013 and the Central Bank of Nigeria (Anti Money Laundering and Combating of Financing of Terrorism for Banks and Other Financial Institutions in Nigeria) Regulation 2013. These are part of the reasons that prompted the recent release of the CBN’s emphasis on the illegality of digital wallets and crypto-currency platforms and the immediate closure of accounts operating on cryptocurrencies in Nigeria.

Recommendation and Conclusion:
The Central Bank of Nigeria has powers to make regulations and guidelines, especially over institutions under its supervisions. This a quasi-legislative tool that allows the CBN to achieve its objectives without contradicting the Central Bank of Nigeria Act and without having need to rush to the legislatures for amendments. This guarantees administrative convenience and pragmatism. This allows the CBN to license, de-license, ban, shutdown and close down certain stakeholders/participants and practices/conducts in the economic space of Nigeria.

A cursory look at the Central Bank of Nigeria Act shows that the CBN has total powers over legal tenders in Nigeria. Also, by that same law, the only approved legal tender in Nigeria is the Naira and kobo. Although, the CBN has powers to regulate and to permit other currencies to operate in Nigeria, the CBN has not given any such license to cryptocurrencies. Hence, it is safe to conclude that operations of cryptocurrencies in Nigeria has been illegal and unlawful going by the provisions of the Central Bank of Nigeria Act. Even without the recent prohibition (ban) of crypto currencies in Nigeria, the activities on cryptocurrencies as legal tenders are unlawful. As such, the recent notice by CBN on cryptocurrencies is a mere reiteration (banger) of the provisions of the Central Bank of Nigeria Act and not a prohibition or ban of formerly lawful cryptocurrencies. The Central Bank of Nigeria only emphasized on the provisions of the law on the illegalities of cryptocurrencies via its notices on 12 January 2017 and 5 February 2021.

By the way, considering the impact of alternative payment options (cryptocurrencies) in cross-border transactions in Nigeria, it would have been better the Central Bank of Nigeria to issue strict regulations for cryptocurrencies instead of a ban. There should have been a window for temporal (provisional) legalization of cryptocurrencies, giving a specific period for formalization and licensing of willing operators. This would have remedied large volumes of transactions and saved Nigerians huge hardship. Blockchain systems and cryptocurrencies have come to change the world. Nigeria cannot wish it away; rather adequate legal and operational framework must be built to harness the opportunities therein.

My authorities, are:
1. Sections 1, 2, 3, 4, 5, 6, 14, 16, 17, 19, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 15, 16, 17, 18, 19, 20, 33, 57, of the Central Bank of Nigeria Act, 2007
3. Sections 1, 2, 3, 5, 6, 8, 9, 10, 11, 12, 13, 14, 25 and 26 of the Money Laundering (Prohibition) Act 2011
4. Section 1, 3, 4, 7, 8, 10, 13, 14, 15, 33, 40 and 41 of the Terrorism (Prevention) Act, 2011
5. The Terrorism Prevention (Freezing of International Terrorists Funds and Other Related Measures) Regulations, 2013.
6. The Central Bank of Nigeria (Anti Money Laundering and Combating of Financing of Terrorism for Banks and Other Financial Institutions in Nigeria) Regulation 2013.
7. The Nigeria Securities and Exchange Commission (SEC) and National Insurance Commission (NAICOM) AML/CFT Regulations for their respective operators.
8. Onyekachi Umah, “Legality of SCUML (EFCC) Certificate.” (LearnNigerianLaws.com, 26 August 2020) <https://learnnigerianlaws.com/legality-of-scuml-efcc-certificate/> accessed 7 February 2021.
9. Onyekachi Umah, “Lawyers No Longer Need SCUML (EFCC) Certificate” (LearnNigerianLaws.com,16 September 2020) <https://learnnigerianlaws.com/lawyers-no-longer-need-scuml-efcc-certificate/> accessed 7 February 2021.
10. Onyekachi Umah, “Lawyer’s Bank Account is Exempted from EFCC, SCUML, NFIU and Police Registration/Clearance” (LearnNigerianLaws.com, 19 June 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-123-a-lawyer-s-bank-account-is-exempted-from-efcc-scmul-nfiu-and-police-registration-clearance/> accessed 7 February 2021.

Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRignts
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via [email protected], [email protected] or +2348037665878 (whatsapp).

To receive free Daily Law Tips, join our free Telegram group, via this link: https://t.me/LearnNigerianLaws
To keep up to date on all our free legal awareness projects of Sabi Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws, Instagram: @LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to the author or Sabi Law Foundation is a criminal breach of copyright and will be prosecuted. This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

This publication is powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria.

Certificate Of Air Worthiness For Aircrafts

#OBSCURELEGALFACTS BY AROME ABU

In Nigeria, all Aircrafts must be duly maintained and must possess a Certificate of airworthiness before flying.

Regulation 4 and 6 of the Aviation(Air Navigation) Regulation.

Arome Abu is the Managing Partner of TCLP.

CAVEAT: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice.

Obscure Legal Facts is an exclusive daily publication of THE COUNSEL L-P.
Plot 108 Idris Gidado Way, Wuye, Abuja.
abuarome@[email protected]
+234 803 262 2359
+234 708 1156 539.
Twitter: @TheCounselLP

The Nigeria Police: Leading From The Back

By Ebun-Olu Adegboruwa, SAN

The Nigeria Police Force was officially commissioned in or around 1930, as the main law enforcement outfit in Nigeria, with about 371,800 members. It was originally established around 1820 by the colonial powers, as an instrument of coercion and enforcement of the native authority system. When eventually the protectorates of Northern and Southern Nigeria were proclaimed in the early 1900s by Britain, there was then established, the Northern Nigeria Police and the Southern Nigeria Police. However, the first statutory recognition for the police came by way of the Police Act of 1st April 1943, which was only recently repealed by the new Police Act of 2020.

There is some kind of mystery surrounding the word ‘force’ associated with the Nigeria Police, as the same is not descriptive of other police formations world over. It has gotten even more mysterious with the recent events within and outside the NPF. Initially, the idea of police for the colonialists was essentially a consular protection unit based in Lagos, meant primarily to secure the property and persons of British citizens and their Nigerian collaborators at the time. So, they were notorious for their abuses and general lawlessness. They behaved very badly in the hinterlands, by looting, stealing and generally taking advantage of their positions and uniforms. They were famed for the brutal subjugation of indigenous communities that resisted colonial occupation, earning them several derogatory titles and general hatred. They were ill trained and mostly picked from amongst the illiterate population, just to make them pliable for easy manipulation by their colonial overlords. The idea of excessive force, violence, repression and command has become part and parcel of the police ever since, regrettably though.

Upon the establishment of the NPF, a command structure was put in place to facilitate its smooth organization and control. This was accomplished through section 215 (1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, which provides as follows:

“There shall be an Inspector-General of Police who, subject to section 216 (2) of this Constitution, shall be appointed by the President on the advice of the Nigeria Police Council, from among serving members of the Nigeria Police Force.”

The above is also replicated in section 7 (3) of the Police Act. Practically speaking, the IGP has overall command of the NPF, save in a few instances of the intervening supervisory jurisdiction of the Police Service Commission. This is why it is expressly stated in section 7 (1) of the new Police Act, 2020, that:

“7 (1) The Inspector-General of Police is the head of the Nigeria Police Force and shall exercise full command and operational control over the Police and all its departments and units.”

To be able to achieve “full command and operational control over the Police”, the IGP has to be someone with cognate experience and intellect, as stated in section 7 (2) of the Act:

“The person to be appointed as Inspector-General of Police shall be a senior police officer not below the rank of an Assistant Inspector-General of Police with the requisite academic qualifications of not less than a first degree or its equivalent in addition to professional and management experience.”

The mode of the appointment of the IGP is specified both in section 216 (2) of the Constitution and also section 7 (3) of the Police Act:

Section 216(2):

“Before making any appointment to the office of the Inspector-General of Police or removing him from office, the President shall consult the Nigeria Police Council.”

“27. The Nigeria Police Council shall comprise the following members:
(A) the President who shall be the Chairman;
(B) the Governor of each State of the Federation;
(C) the Chairman of the Police Service Commission; and
(D) the Inspector-General of Police.”

The NPC is to advise the President on the general organization of the NPF and the appointment or removal of the IGP. From all indications, the NPC has not been functioning as expected, at least from the recent developments involving the 20th IGP, Mr. Mohammed Adamu. He was born in 1961 and he subsequently enlisted in the NPF as a Cadet Assistant Superintendent of Police in 1986, upon his graduation from the Ahmadu Bello University, Zaria. He rose through the ranks until his appointment on January 15, 2019, as the 20th IGP. By February 1, 2021, he attained the mandatory service period of 35 years, as stated in section 18 (8) of the Police Act:

“18 (8) Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier.”

The above provisions should have been very clear to understand and implement, to the extent that if IGP serves the NPF for 35 years before he attains the age of 60 years, he has to retire, or if the IGP attains the age of 60 years before his mandatory service period of 35 years, he has to retire, the cumulative effect of which is that the law recognizes whichever comes first. For Mr. Adamu, he would be 60 years old in 2022, but since he joined the NPF in 1986, he crossed the mandatory 35 years of service in February 2021. Since his 35 years of service comes before his personal age of 60 years, he is deemed to have retired from the NPF effective February 1, 2021. Some have however raised the seeming confusion said to have been expressed in section 7 (6) of the Police Act, which states as follows:

“The person appointed to the office of the Inspector-General of Police shall hold office for four years.”

The above provisions cannot be interpreted to entitle the IGP to remain a day longer in office beyond either his mandatory 35 years of service or of his personal age of 60 years, whichever is earlier. Thus, even though Mr. Adamu was appointed in 2019, he could not be expected to exhaust the four year tenure donated by section 7 (6) of the Police Act, since in any event, that four year tenure has been circumscribed by section 18 (8) of the same Act. In other words, section 7 (6) which prescribes a four-year tenure for the IGP cannot be deployed to extend the tenure of office of the IGP if he has served his mandatory 35 years of service or if he has attained the age of 60 years before the four-year tenure is exhausted. In this case, Mr. Adamu ceases to be a member of the NPF effective February 1, 2021.

The nation was however kept in suspense concerning the fate of Mr. Adamu until the Honourable Minister for Police Affairs stated that the President had extended the tenure of the IGP for three months, in order to have sufficient time to search out a suitable successor to the office. It is gratifying that the President has not referred to or relied upon any existing law for the purported extension, as there is no such law in existence in Nigeria, empowering the President to extend the tenure of an IGP whose service in the NPF has been determined by statute. The reason for this is simple. Section 215 (1) of the Constitution which deals with the appointment of the IGP states clearly that he must be appointed from “among serving members of the Nigeria Police Force”, and not from the retired sector. To be able to extend the tenure of the IGP therefore, the President has to first deal with the issue of his retirement, the IGP having served out his 35 years mandatory service in the NPF. To extend the tenure would mean that he is still in the service of the NPF, since such an appointment can only be from amongst serving officers.

The NPF is a very sensitive entity, being the security agency saddled with the statutory responsibility of interacting with the civil populace. Generally on paper, the duties of the police are stated in section 4 of the Police Act as being to “… prevent and detect crimes, and protect the rights and freedom of every person in Nigeria as provided in the Constitution, the African Charter on Human and Peoples Rights and any other law; maintain public safety, law and order; protect lives and property of all persons; enforce all laws and regulations without any prejudice to the enabling Acts of other security agencies….”.

To my mind, the President is not entitled, with due respect, to bye-pass the Nigeria Police Council in the consideration of the appointment of the IGP, either substantively, or in acting or extended capacity. Furthermore, there must be capable officers, within the ranks of the existing Assistant Inspectors-General of Police and the Deputy Inspectors-General of Police, from whom the President could have picked the IGP, to act for some temporary period, if indeed time is needed to appoint a successor. The IGP was appointed as far back as January 2019, such that the President had enough time to have determined the issue of succession, without the present controversy that the purported extension of tenure has generated.

Nigeria is presently in dire need of a motivated and friendly police force, not the one which deploys the uniform as an instrument of command, oppression and extortion. The action of the unsavoury extension of tenure for the IGP, when married with the juicy appointment of the ex-service chiefs as career ambassadors, may be interpreted to mean a desire to give a soft landing for those that the President favours. This is why the extension should be withdrawn forthwith, in order to boost the morale of serving officers of the NPF, who are the persons entitled to occupy the office of IGP. Without doubt, the President lacks the power to reabsorb a retired police officer into the NPF through a purported tenure extension which is not contemplated by law.

Fresh Trouble At Lekki Toll Gate

By Reuben Abati

The rancor that occurred, Saturday, February 6, at the sitting of the Lagos State Judicial Panel of Inquiry investigating the shootings and alleged killings at the Lekki Toll gate in Lagos in October 2020, in addition to reported cases of police brutality is most unfortunate and disturbing. It will be recalled that the clampdown on protesters at the Lekki Toll Gate, the widespread mayhem that followed, in the shape of attacks on police men and police stations, the assault on warehouses where COVID-19 palliatives had been detained by unconscionable politicians, the attack on homes and businesses of both politicians and innocent persons, in general, the needless loss of lives – attracted mass outrage.

A meeting comprising the 36 state Governors, the FCT Minister, the Inspector General of Police and the Human Rights Commission in October 2020, chaired by Vice President Yemi Osinbajo resolved at the time that all state governments should set up panels of inquiry and organize public hearings to establish the truth and ensure that justice was done, and victims duly compensated. Most states promised to set up the panels of inquiry, 29 did eventually, but some did not. As at January 30, 2021, the following states: Borno, Jigawa, Kano, Kebbi, Sokoto, Yobe and Zamfara had refused to set up any panel of inquiry. Kogi state announced that it had also constituted a panel of inquiry, but that panel has not met for even five minutes to date.

In some of the states where the panels exist and have been sitting: Plateau, Nasarawa, Kaduna, Ekiti, Ogun, Edo, Ondo, Rivers, Delta, Cross River, Abia, Bayelsa, Anambra and the Federal Capital Territory, the pace of work has been rather slow and inconsistent. In Oyo State, the panel commenced sitting in January 2021, two months after its inauguration! The panels in Niger State, Katsina, and Rivers have since concluded sitting. But of all the states, Lagos State has been the most responsive, the most active, and one of the very first states to commit to doing a thorough job of ensuring justice and establishing the truth. The nine-member Lagos Panel of Inquiry and Restitution, as announced, was set up on October 16, 2020. Justice Doris Okuwobi (rtd) was named Chair of the Panel. It began sitting on Tuesday, October 27, 2020. The Okuwobi panel has received more coverage than any other panel in the country, perhaps because of its consistency, its proximity to the Lagos-Ibadan media, the international media as well, and the fact of the Lekki Toll Gate being the epicentre of the #ENDSARS protests.

In October 2020, the Lekki Toll gate and its satellite, the Ikoyi Bridge Toll gate managed by the same company, the Lekki Concession Company (LCC) were the primary locations of the protest against police brutality in Nigeria, with specific focus on the notorious Special Anti-Robbery Squad (SARS). The protests soon spread to other parts of the country, even if the Northern parts of the country adopted another label and were significantly different in orientation from the protests in the South. Nigeria’s Southern protesters talked about an end to police brutality. Northern youths who would later be joined by Governors of the North and traditional rulers called for an end to insecurity. Both groups were linked by a common thread – the crisis of insecurity in Nigeria, the failure of the security agencies and the urgent need for government to deliver on its mandate under Section 14(2) (b ) of the 1999 Constitution, to wit: the responsibility to protect the people and ensure their welfare. Nigeria thus found itself in the grips of a movement: an organized, but decentralized rebellion against the Nigerian state and its ineffectuality, more desperate than the youth protests of 1962 against the Anglo-Nigerian Defence Pact and far more incendiary than the Ali-Must-Go-Protests of 1978. It was youth revolt in ebullition against mis-governance, bad politics, poor leadership and elite greed. The youths had five specific demands. The battle was fought on the streets and social media. The youths called for reform. They demanded change. They even asked for better welfare for policemen. But then everything went out of hand.

The Nigerian Government’s expressed commitment to accede to the five demands and to investigate the reported killings and acts of inhumanity and ensure justice gave intimations of hope. In the course of its proceedings, the Lagos Panel of Inquiry offered useful details that kept that hope alive: all those stories about the number of persons that died or were shot, whether or not live bullets or blank bullets were used, how and why anyone asked for the deployment of soldiers to confront harmless, unarmed and defenceless protesters, and shoot in whatever direction, the role of the police, the state government, state officials… Every week, testimonies and revelations at the Lagos Panel of Inquiry provided useful insights. But all of a sudden, that panel is now in disarray, and that is what is disturbing. Last Saturday, it must have been common sense that retrained members of the panel from engaging in fisticuffs. How sad

But the signs of impending chaos were foreseeable. Earlier in the year, the Nigerian Army stopped appearing before the panel. Army counsel disclosed that their mandate with their clients, that is the Nigerian Army, expired in November 2020 and the panel had been so informed. Justice Okuwobi however, affirmed the rights of the panel, appropriately under the Tribunals of Inquiry Act, and adjourned the date for the response of the Army to already issued summons to February 27. I am not too sure any soldier will show up to respond to those summons. After the embarrassment that the Nigerian Army has received with its testimonies over whether or not its officers used live bullets and killed persons at the Lekki Toll Gate, the military hierarchy may have opted for the option of decided contempt in the face of and away from the face of the panel, knowing of course, that the likely penalty may be inconsequential.

To worsen matters, the Lagos Panel of Inquiry degenerated into near-chaos on Saturday, February 6, 2021. The source of confusion was the decision of the panel announced by five panel members, including Justice Okuwobi, to approve the re-opening of the Lekki and Ikoyi Bridge Toll Gates by their managers, the afore-mentioned LCC. Four members of the panel objected to this resolution and immediately made public their position in a now widely-circulated Dissenting Opinion signed by Ebun-Olu Adegboruwa SAN. By the weekend, the same panel hitherto praised for being an exemplar, had become a divided house. The video of the proceedings that is in circulation is embarrassing to say the least. We saw members of the panel having a shouting match. I do not want to re-hash the arguments: about whether or not a quorum was formed, the right of the civil society representatives to be in attendance and whether or not they were, the fact that a civil society member – Segun Awosanya (aka Segalink) is on the Chairperson’s side in the matter, and the reasonableness or not, of the dissenting quartet apparently led by Ebun Olu Adegboruwa SAN who has been accused of adopting tactics that would be considered strange in a Court of Appeal procedure even if the Okuwobi panel is quasi-judicial. The legal correctness of the proceedings of the panel, and the dissensions within would require a closer scrutiny of the facts to which we are not full seised but it is sufficient to express alarm about how a process that was meant to calm nerves and promote truth and reconciliation has now become a catalyst for conflict. By Monday morning, the matter before the Lagos Judicial Panel of Inquiry had spilled back onto the streets, with implications for public safety.

For, by the morning of Monday, February 8, a coordinated protest against the decision of the Lagos Panel of Inquiry to grant the Lekki Concession Company the permission to re-open its toll gates had gone viral on social media with such hashtags and banners as #RevolutionNow, #OccupyLekkiTollGate and a protest is purportedly planned for Saturday, February 13 at 7 am. The LCC had approached the Lagos Panel to ask for permission to resume operations. The two toll gates under its management have been shut down since October 2020. The position of the dissenters is that a reopening of the toll gates will compromise evidence and forensic analysis and hence, the status quo should be maintained until the work of the panel is concluded. The Okuwobi Five argued that the forensic investigation had been concluded and there was no justification to continue to shut LCC out of business indefinitely. Outside the panel, those who want to #OccupyLekkiTollGate on February 13 are convinced that re-opening the toll gate will derail the course of justice. Whichever way you look at it, another Lekki Gate protest is not an encouraging prospect. The way the arguments are packaged on both sides, every proposition sounds and looks plausible and ominous. But I guess this is the time to advert our minds to a number of fundamental issues.

One –in principle, the investigations and judicial inquiry emplaced by the state governments of Nigeria over the 2020 #EndSARS protests were meant to reassure the people and demonstrate government’s readiness to respond to popular yearnings. The Lagos Panel in particular had proved promising. Now, that it is divided, it is difficult to see how its objectives have not been compromised, and how this has not provided a bad example for other states where the panels have been slow and non-committal. Will the panel still be able to work as a team?

Two – those who argue that the Lekki Toll Gate is a crime scene that should be left intact till the conclusion of the work of the panel may be missing the point. That toll gate is no longer a crime scene. It was never treated as such. Elsewhere, crime scenes are preserved, cordoned off, to protect the integrity of evidence and investigations. This so-called crime scene was never protected. It was in fact subjected to a thorough clean up, and whatever was hidden was picked up by visiting inspectors and trespassers, including a certain camera, the content of which has not been disclosed. Vehicles and motorists have been passing through, glad that they have not had to pay any tolls for more than three months. Whatever has not been established before now, may be difficult to prove again. The dissenters in the panel may have the legal right to hold a different opinion, but they risk being accused of sabotage and fuelling another round of protests.

Three- the Lekki Toll Gate is a public-private partnership scheme. The investors have to pay back loans, maintain the staff who have been kept at home for months, process insurance claims and fix the offices and infrastructure destroyed during the #EndSARS protests. But majorly, they are paying a price for identity politics. Most of the protesters are angry in part, because of deep-seated suspicions about the ownership of the toll gate. Even in the absence of verifiable evidence, the Lekki Toll gate has become a symbol of power, oppression and graft in the eyes of many. Does it belong to the Lagos State Government or some oppressors? Whatever the truth is, the managers of the Lekki and Ikoyi Toll Gates have had to pay so much. They have lost money and time. They have been vilified. Their brand has been dragged in the mud. What if on top it all, they are truly innocent? How about their staff who have been jobless for months? Even in the worst of circumstances, the toll gates would still be re-opened anyway at some point.

Four – But will the re-opening sabotage the investigations? May be not. The US Congress was attacked by a domestic terrorist mob on January 6, 2021. Five persons died on that occasion. Congress has since re-opened and continued its work, but that has not stopped the investigations. What we are actually dealing with in our case, is a terrible lack of trust in the Nigerian process. Nobody trusts the government. The people would rather trust anybody who is willing and ready to attack the government or raise doubts about its methods. This alienation is self-inflicted by government itself. Here is an example: During the October 2020 #EndSARS protests, the Nigerian government promised to accept and address the five demands by Nigerian youths. But shortly after, the same government clamped down on the protesters. Bank accounts belonging to known leaders of the protests were frozen. The airports of Nigeria became a no-go-area for such persons. Even now, the Central Bank of Nigeria’s decision to ban financial institutions from cryptocurrencies has been linked to an attempt to cut off financial oxygen for protests. Here is another example: the Governor of Lagos State was accused of lying to the public! The combination of these factors has ignited the anger of the average Nigerian youth again. The flame of that anger could result in an inferno that we do not need. The fire this time could be worse than the explosion last time.

Five – will the Lagos panel of inquiry reverse itself because of the threat of a resumption of protest on February 13? I doubt. But I worry more about the damage that may have been done to the Okuwobi panel. Nothing must be done to derail the work of this Panel of Inquiry. Its original mandate should be preserved: to investigate, to unmask the truth, to make recommendations that will ensure justice, and to ensure the compensation of victims.

Nigeria lost so much last year. To shut down Lagos again and initiate another round of chaos is difficult to imagine. The security agencies, whatever the provocation, must not behave like goats this time around. The Lagos State Government must act and think wisely, must not tell lies, and take steps to prevent further trouble at the Lekki Toll Gate. (thenigerialawyer)

Citing Safety, FG Bars Private Sector COVID-19 Vaccination

The federal government has barred the private sector from administering COVID-19 vaccine, reserving the vaccination exclusively for the National Primary Healthcare Development Agency (NPHCDA) for safety reasons.

Minister of Health, Dr. Osagie Ehanire, said at a media briefing by the Presidential Task Force on COVID-19 in Abuja yesterday that the government is restricting the deployment and implementation of the vaccination programme to NPHCDA and will not allow private sector vaccination.

Ehanire explained that it is for purposes of safe and proper management of the COVID-19 vaccination, including dealing with any after-effects that the federal government has banned the private sector from vaccination.
The federal government also said it would soon receive over 42 million doses of COVID-19 vaccines for about 45 per cent of the country’s population from the African Union (AU).

It said Nigeria subscribed to two multilateral vaccine access platforms; the first being the COVAX facility that will supply members, including Nigeria, vaccines free to cover 20 per cent of the population.

Giving an update on COVID-19 procurement, Ehanire said the country has subscribed to two multilateral vaccine access platforms, COVAX facility being brokered under the auspices of the AU.

He added that the other multilateral platform is the African Union (AVATT) platform, the African Vaccine Acquisition Task Team, chaired by the President of South Africa, Mr. Cyril Ramaphosa from which Nigeria expects to get a total of 44 million doses of vaccines.

According to him, the first batch of the vaccines expected from the Covax facility, which is free, will cover 20 per cent of Nigeria’s population.

Also, aside from the expected first batch of 100,000 vaccines from Covax facility, there has now been a change that now offers Nigeria 16 million vaccine doses in the first half of the year.

On the vaccine acquisition by the AU, Ehanire said there is positive development which showed vaccine doses being acquired by AVATT may increase to 400 million.

He said AVATT had earlier provided 300 million doses of three types of vaccines which have been offered to African countries, based on population, such that no country is left behind.

“Nigeria subscribes to this whole-of-Africa approach that strives to ensure that we are safe and our neighbours are safe.

“We shall be offered over 42 million doses by AVATT. If all the projected vaccines are supplied, we estimate we should have covered over 45 per cent of the population,” he said.

The minister stated that in addition to the proposed sources, Nigeria has bilateral negotiations with Gamaleya of Russia over their Sputnik V vaccine, which they are willing to supply to Nigeria.

He explained that the Russian vaccine has an efficacy of 91 per cent.

“We are also in talks with the High Commissioner of India over the Covax vaccine of Barhat Institute. Both vaccines dossiers are under evaluation with the National Agency for Food and Drug Administration and Control (NAFDAC).

Ehanire also spoke about the concerns generated by a report that Nigeria was disqualified from assessing Pfizer vaccines due to lack of storage capacity, saying: “This is false, Nigeria has ultra-cold (minus 80 degrees centigrade) freezers in strategic stores in Lagos, Abuja and Bauchi, with space to hold over 400,000 doses of vaccines, more than the 320,000 doses WHO had offered.

He said that the 320,000 doses of Pfizer vaccines had been reserved for countries with very high burden, to which Nigeria did not belong.

The minister, however, said Nigeria is keeping abreast of global development on vaccine deployment and will support the WHO policy on fair and equitable distribution of vaccines. ( thenigerialawyer)

Paternity Crisis: When Arguing Law Becomes Relevant

By Abdulrasheed Ibrahim, LL.M, Notary Public

The rate at which paternity crisis is rocking the land this time around is becoming overwhelmingly disturbing. Recently, Adam Nuhu, a former Managing Director of FCMB was in the news. He was accused of being the father of children bore by one Moyo who was a former employee of the bank. Moyo was married to a man by name Thomas who had the impression that those children were his but when the truth eventually came out according to the report that the children were not his, Thomas suffered a stroke and later died of heart depression. This incident shook the nation to its root as different versions of stories were spreading on the social media like a wild fire. The Central Bank of Nigeria and the management of the FCMB were put under serious pressure to sanction the man in the news. The group clamouring for that sanction seemed to carry the day as Adam Nuhu was asked to proceed on leave pending the outcome of the investigation. A woman was brought on board to replace him in that position.

As if that was not enough, series of conflicting stories continued to emerge from the social media. While a story had it that the wife of the man in the news, Mrs Hauwa Nuhu was about engaging a lawyer to institute a divorce proceedings against her husband , another one came up that there was nothing of such. Another story was put on social media by those called Moyo’s friends debunking the allegation against her as unfounded and that her children really belonged to her late husband, Mr. Thomas and not to Mr. Adam Nuhu. When the controversy seems to be dying down and going into oblivion, a High Court Judge in Delta State was reported to have summoned the gentlemen of the press addressing them in a press conference disclosing his own share of paternity crisis. As if Justice Anthony Ezonfade Okorodas wanted to avoid the Nuhu Adam’s social media episode, he said:

“…This Press Statement is important in order to prevent damaging speculations, half-truths and outright lies from persons who may want to cash in on the tragedy that has befallen my home. Sometime during the coronavirus lockdowns early last year, I received information from an anonymous source that indicated that the last of three children from my previous marriage was in fact not my biological child. Due to the COVID-19 restrictions at the time, I had to wait until August 2020 to carry out a DNA test. The DNA test result which came out in September 2020 confirmed that I was not the biological father of the child… This repulsive act of my ex-wife prompted me to conduct DNA test in respect of the other two children. A few days ago, the results came out. Sadly, none of them is my biological child… ”

The can of worms opened by the judge has brought about a great argument among lawyers. While some lawyers have saluted the courage of the judge for opening the can of worms, some have condemned the judge for making the declaration openly. Mr. Frank Tietie, a human rights lawyer lambasted the judge for going public with the declaration saying:

“…Such adult children that are affected by an unwarranted public disclosure of DNA test results must be quick to institute legal proceedings against such a father. The legal action must first to subject the man who made such public disclosure of DNA test results, to some form of psychiatric testing in order to determine his well-being, as to his state of mind…”

But another lawyer, Chidi Peter Agbaneje, in a post thought otherwise by putting the blame at the doorstep of the Judge’s ex-wife, who is also a lawyer by saying :

“By foisting children she knew belonged to another man on her ex-husband, Barr Juliet Ototo arguably committed paternity fraud , conduct incompatible with her status as legal practitioner, and should be appropriately be disbarred.”

Agbaneje’s view generated mixed reaction as some lawyers were asking him whether the issue has anything to do with the Legal Practitioner Disciplinary Committee (LPDC) to warrant the debarment of the ex-wife. To another lawyer: “ The judge did very wrong in his actions. Imagine the case of the little boy whom he claims the mum left him when he was only six. Too callous of the judge”. My own question to this was : “If the judge had not spoken ,what would have happened on social media? Have people forgotten the recent incident of the FCMB’s MD now on leave?” With the debate still raging, I submitted further: “Please re-read the judge’s press release .He has not given up the responsibility. If he didn’t speak the self-appointed spokespersons on social media will blow the issue out of proportion.”

The Judge having opening the can of worms, I am of the view that the burden is now on the Judge’s ex-wife to tell the world her own side of the story .Happily the woman in question is a lawyer. The arguments being canvassed by the human rights lawyer, Mr. Frank Tietie are those to be very useful and relevant in the court of law and not in the court of public opinion. They may even find the case of ANOZIA Vs. NNANI (2015) 8 NWLR (Pt. 1465) 241 on issue of paternity very instructive. The woman owes those innocent children the duty to let them know who really is their father .She needs to act urgently in her own interest and that of the children. In Yoruba land, they have a saying that “it is a woman or a wife that really knows the father of her child or children”. According to the judge’s press release, the woman having admitted that the last child was not judge’s, if she is very sure that the other two children are that of the judge, she should immediately as a lawyer takes proper step to challenge the DNA results being relied upon by the judge. Those children should not be allowed to live in total depression for the rest of their life. It is their mother that can save the situation if she really has conscience. The judge had already said it that he has left his ex-wife and her boyfriend to their conscience. Truly “conscience is an open wound ,only truth can heal it” as propounded by Shiekh Usmanu Dan Fodiyo and adopted by the Guardian Newspaper.

I was moved to tears the other day when reading an article written by Chief Dare Babarinsa, a great historian and columnist few years back titled “Gowon is human ,fate is not” where he narrated the story of how General Yabuku Gowon after about 48 years came out to accept the paternity of a son. According to Babarinsa : “Last week, General Gowon issued a brief statement stating that after 48 years, he has come to accept the paternity of Musa. He wanted the public to respect the privacy of his family in this period now Musa needs rehabilitation after serving more than two decades in an American prison…” The story was a very pathetic one that justifies a novelist’s title “The Rich also cry”.

Part of the contention of Mr. Frank Tietie was that: “the public disclosure of the contents of such DNA test results to the the public is most reprehensible. Why would any man subject a child or children born within the wedlock to such psychologically debilitating encounter ,foisting such traumatic experience that will permanently scar the self-esteem of such children, especially older ones ,for life? It is utterly cruel and selfish ”. A response to this was not far fetched in the following words by another lawyer : “It’s very unfortunate that most of us are very hypocritical in our analysis of issues .The woman who committed fraud and left a man to ridicule for several years to the amusement of the public should walk around with her secret intact while the innocent judge who has been made to train another man’s child and still willing to continue with such responsibility is labelled callous because he brought out the truth to the public .Whoever feels that of the judge should pray that him or her male sibling (s) experience that evil that the judge was subjected to and let him or her handle it in his own way.”

There is this saying that think twice and deeply before you act. Did the woman also ever think of what could be the effect or consequence of her act on the children when engaging in extra- marital affairs outside the matrimonial home while still in marriage relationship with the judge? To borrow from the words of Mr Tietie, did the woman also ever think of “such psychologically debilitating encounter, foisting such traumatic experience that will permanently scar the self-esteem of such children, especially older ones, for life?” Is it not seem to be very clear from this incident , why some religious scriptures prescribe serious punishment for those engaging in adultery and fornication?

This incident is not without lessons for those who want to learn one.Why should a man and a woman decide to go into marriage and refuse to be faithful to each other to the extent of having extra marital relationship outside the matrimonial home? Just like the way every segment of human endeavour is being faced with the challenge of morality , so also marriage is being faced with serious challenge of morality. The late Chief Obafemi Awolowo was right when he once said that: “Unless our morals are set aright, we can never do anything right in this country.” The late sage was a competent authority to give advice on various aspects of human endeavour including issue of marriage as it was not for nothing that he propounded the theory of “Jewel of inestimable value” to describe his own beloved wife, late Chief Madam Hannah Idowu Dideolu Awolowo. According to Chief Awolowo in his autobiography published in 1960:

“…My wife Hannah Idowu Dideolu Awolowo (nee Adelana) has been a jewel of inestimable value. She is an ideal wife; and I am sure she too regards me as an ideal husband .The outpouring of her love and devotion to me and to our family is exceedingly and beyond words…With my wife on my side, it has been possible for us to weather all financial storms…I owe my success in life to three factors: the Grace of God, a Spartan of self-discipline, and a good wife…It is a matter for joy and profound gratitude to Almighty God that our mutual love and devotion has been richly blessed…”

What this goes to show is that for a man or a woman to succeed in life and have peace of mind, he or she needs a good and ideal partner in marriage with self-discipline, mutual love and devotion. An individual cannot plant maize and expect to harvest yam during the harvest period.

I once wrote an article published in the Daily Independent Newspaper of October, 10, 2013 titled : “Salami : Salute to a Courageous Judge”. Justice Ayo Salami was a retired President of the Court of Appeal who saw hell in the hands of the Nigerian politicians who tried to rubbish and disgrace him out of office. When he was retiring from the Court of Appeal, he likened himself in his valedictory speech to the biblical Joseph who was sold into slavery by his brothers.

Recently, the Deputy Senate President and Chairman of the Constitution Review Committee, Senator Ovie Omo Agege said that the Supreme Court Justices are pushing for their retirement age to be increased from to 70 to 75 years. Presently the retirement age for both Justices of the Supreme Court and the Court of Appeal is 70 years. The Judges at the courts below ( i.e. Federal and States’ High Courts) are equally said to be pushing for their retirement age to be increased for 65 to 70 years. Justice Salami has come out to oppose and speak against such move citing some reasons. In his actual words:

“ I contended that very few of us had birth certificate .Invariably we rely on declaration of age , which is generally inflated because they are inferred from incidences or occurrences the happening of which we were not sure of ….Many of them are not healthy. They regularly travel abroad for treatment, and some of them forget easily in addition to memory challenges. In the circumstance some of the justices would only be there as passengers to fulfil statutory conditions without ability to make meaningful contributions. This is a condition that could easily be exploited by dishonest members of the court…”

On my part, I do not see the need for such increase in the retirement age. If our judges and Justices are unanimous on this demand, it means they are all comfortable with what is happening in the system including deprivation of the independence of judiciary, poor facilities and remuneration and the unnecessary work load they are being shouldered with. It was the politicians that insisted the other time that they must be allowed to argue their appeal on governorship election cases up to the Supreme Court which further increase the work load of the Supreme Court Jurists. The appeal on such cases used to terminate at the Court of Appeal. I am of the view that the Supreme Court Justices in particular must be seriously concerned, and be pushing for the constitutional review that will checkmate the nature of the appeal cases that go to the Supreme Court as observed by some Justices of the Court. There are appeal cases that should not have business going to the apex court but should terminate at the Court of Appeal. Another thing again is that we operate a system that encourages people to falsify their ages unnecessarily. It is not surprising that some judges have been sanctioned in recent time for falsifying their ages when going into the system. It is not the number years that a judge put into the judicial service that matters but the positive impact and contributions made. It is for this reasons that I concur with Hon. Justice Ayo Salami (retired) and I have nothing more to add.

NOTE: Anyone is at liberty to disagree with my above submissions as I will surely appreciate a balanced, fair and objective rebuttal.

Land Grabbing: Ubani Replies Lagos Govt, Says He Is Not Using Social Media For Sympathy And Blackmail

*Says Lagos Govt cannot enforce court judgement as that is the work of the Sheriffs of the court.
*Says The Survey Plan Relied Upon By Lagos Govt Is Forged
*Says Lagos Govt Is Desperate To Justify Its Illegality

A human rights lawyer and former 2nd Vice-President of the Nigerian Bar Association (NBA), Mr. Monday Ubani, has replied the Lagos State government’s statement on its alleged aiding and abetting of land grabbing at 1, Folorunsho Kuku Street, Opebi

In a statement made available to TheNigeriaLawyer, Ubani said despite his alarms, the Lagos Government has been trying hard to justify the illegality of its action.

He said, “I have just seen the Press Release of the Honourable Commissioner of Information and Strategy of Lagos State, Mr Gbenga Omotosho concerning the land grabbing episode at 1, Folorunsho Kuku Street, Opebi in which Lagos State erroneously got itself entangled and illegally helped notorious land grabbers to chase away the rightful owner of a land and put the land grabbers into physical possession.

“Despite my alarm that this action is patently illegal and wrong, the State Government through its Officials have been trying hard to justify this illegality having succeeded in using the state apparatus to commit the heinous illegality of “enforcing judgement” over a land that was never part of the alleged judgement of the Supreme Court.”

Ubani said he was away on holiday when tenants of the house were ejected by Lagos Govt. He raised alarm over the issue consequent upon which he was invited by officials of Lagos Govt and during the meeting, he said he made it clear to them that Lagos State Government cannot enforce court judgement as that is the work of the Sheriffs of the court.

Furthermore, he said he made told the government officials that the land in question was not a subject of the judgment sought to be enforced neither were the survey plans been relied upon by the Lagos government tendered or used in that case

“I returned to Lagos on the 10th of January, 2021 and on the 11th of January, 2021, I attended a meeting presided over by The Solicitor General/Permanent Secretary of the Ministry of Justice, Mrs Titilayo Shitta-Bey. It is important to point out that, that is the only meeting I attended over this issue, therefore the statement that a Committee set up by Lagos State Government sat from 4th of January to 1st of February 2021 is clearly news to me. I was never invited to any other meeting other than the one of 11th of January, 2021 which had some officials of several ministries and the Surveyor-General of Lagos State in attendance.

“At the said meeting I raised the issue that:

“Lagos State Government cannot “enforce” court judgement as that is the work of the Sheriffs of the court. I am proved right because after the invasion in collusion with Lagos State Government officials, the Meadows’ Family, the supposed judgment creditor, has gone back to court to ask the court re-issue the “warrant of possession” for them to carry out execution on Folorunsho Kuku Street that was never and had never been part of the subject of judgement of both at the trial and at appellate Courts. The matter came up two weeks ago, that is last January, 2021 which is several weeks after the illegal invasion by the land grabbers in collusion with Lagos State Government officials.

“The Surveyor-General’s report that my client’s land fell into the subject of the judgement at the trial court was seriously objected to by my humble self because the surveyor-general based his report upon a FORGED SURVEY (it was never part of the proceeding at the trial court in Suit No ID/513/80). This purported survey plan upon which the surveyor-general based his report was never used, tendered and admitted in evidence in that case. I have a complete copy of the entire court proceedings that took place on that case and a complete set of all the surveys that were also tendered and admitted in court. I also have the court judgements which never made mention of a purported survey plan drawn by one Suveyor Ogunbiyi in 1981 which is the wrong survey that the Surveyor General of Lagos State has used in his report which the Special Task Force on Lands Grabbers acted upon. I made this particular point clear to the Committee, but my findings were that the Committee members from Lagos State Government came to the meeting with a mindset to clear their names and present a report to the governor that will clear their mess by insisting that they acted upon the purported survey that never existed during the trial of the case.

“At that point I felt that the Committee cannot resolve the issue as it was set up purposely to clear their “mess” and not to mete out justice as this press release from the Commissioner of Information and Strategy justifies my position. The Land grabbers have taken over the land and have set out to sell the land (if they have not sold everything) to persons that are very close to this State government as my investigation reveals.” Ubani said

The human rights lawyer responded to all the issues raised in the Lagos Government’s press release. According to him, meeting was held only on January 11, not between 4th of January to 1st of February as stated by Lagos Govt

He also said the mechanic tenants of the land in dispute are legitimate and lawful tenants and Lagos Govt has no right to eject them because govt is not a recovery agent of citizens

“Let me address seriatim the other issues raised by the said Commissioner in his press release.

” ‘That the Committee invited all the parties between 4th of January to 1st of February, 2021’ . MY RESPONSE. As stated earlier, I was invited only on the 11th of January, 2021 and I attended only on that date and not aware there was any other meeting involving parties to this issue. The truth of the matter is that Lagos State Government cannot ordinarily be a judge in its own case. We accused Lagos State Government of aiding land grabbers to take over my client’s land illegally and it is preposterous that the said Lagos State Government through the Ministry of Justice was investigating the matter that we alleged is committed by The Special Task Force on Land Grabbing that is a Unit under them! What an irony?

” ‘That the Special Taskforce on Land Grabbers acted upon a petition on behalf of the Meadows to eject occupants of the land which harbors shanties, mechanics and miscreants’. MY RESPONSE. This is clearly laughable. The mechanics that were there were rent paying tenants to the owner of the land, and the property in question was fenced round with a big gate. The mechanics are known within the Estate and are lawful tenants who pay their appropriate dues and levies to the Landlord/ Resident Association. The chairman of the Estate Mr Steve Omamole has testified to that effect.
Upon what basis in law will a State Government act upon a petition of a private citizen to eject fellow citizens without complying with due process and law? Since when did Lagos State Government constitute itself into a law court to engage in recovery of premises on behalf of other citizens? The more the Lagos State Government tries to justify this brazen illegality, the more they get themselves completely soiled in this embarrassing impunity!

” ‘That the Petitioners tendered copies of judgements obtained from various courts, High Court, Suit No LD/513/80, Court of Appeal – Appeal No. CA/1/92 and the Supreme Court – SC /146/1995) and other documents showing their title to the land to substantiate their position’. MY RESPONSE. This was the most embarrassing of all the statements in this press release. I ask again, when has Lagos State Ministries or Agencies become the law court that enforce judgement of the court? If it is true as alleged that the Petitioners have these judgements, why can’t they go to court to enforce their judgements? When did they obtain these judgments? Have they enforced them before? Why did they not complete the execution? Why are they now waking up from sleep to enforce 41 year’s judgements in 2020 on a different address with a different survey? Is the Commissioner of Information aware that this same Petitioner was in court two weeks ago(this January, 2021) to ask the court to re-issue warrant of possession over the same property that Lagos State Government have purportedly helped them to enforce judgement in December 2020? Is Lagos State Government aware that the Survey Plan with which they deceived the Surveyor General to act upon in order to write that our client’s land forms part of the subject of judgement was never part of the proceeding in Suit No ID/513/80? Please note that the Hon Commissioner erroneously described the suit number as LD/513/80.

“Further question will be what other documents did the petitioner show to the Lagos State Government as alleged by the Hon Commissioner that got the Special Taskforce On Land Grabbing convinced that my client’s land formed part of the subject of the judgement of the Courts in favor of the judgment creditor? Could it be the survey OGEK 1911/81 drawn by one Surveyor Ogunbiyi which the Chairman of the Taskforce Mr Arole said he got from the Court but which was never part of the proceedings in Suit No ID/513/80? How can a whole government agency believe in a document that was never part of the proceedings during trial and chose to act on it? What irks me in this whole mess is the brazen inability of the Lagos Government Officials to appreciate the gravity of this blunder. Their bold-faced attempt to justify this illegality is clearly amazing, shocking and alarming!

” ‘That the Coordinator of the Lagos Task Force confirmed the authenticity of all documents presented by the Petitioner and obtained approval to embark on the enforcement in conjunction with other government agencies whose representatives were part of the Committee set up to establish facts of the matter – Ministry of Justice, Ministry of Physical Planning and Urban Development, Ministry of Transportation and Office of the Surveyor- General, Lagos State’.MY RESPONSE. It is important we note that from this statement, Lagos State Government has admitted that they were the ones that helped a land grabber to chase away the legitimate owner of his land using state apparatus. Secondly, I ask which of the documents did the said Coordinator of the Lagos Taskforce confirm as authentic? Is it the judgement, the survey or the court proceedings? How does a judgement obtained on over 12 acres of land at Abule Onigbagbo cover a land in Opebi? Assuming but not conceding that Abule Onigbagbo has suddenly become Opebi, what survey plan was used to determine that the judgement of the trial court covered the land situate and lying at No 1 Folorunsho Kuku Street, Opebi which is a subject of a certificate of Occupancy obtained from the same Lagos State Government since 1989?

“Why is the said judgement creditor the owner of only the 6 plots of my client’s land at No 1 Folorunsho Kuku Street, Opebi and not the owner of all the adjoining lands on left, right and its surroundings, more so when the judgment of the trial court was for over 12 acres of land? Most importantly is how did the Coordinator of the Special Task Force conclude his investigation and establish that the Petitioner has authentic documents when he knew that there were persons present in the property whose interest on the property he could have requested for in order to give every party to the matter a fair hearing? Was Lagos State fair in using all those above mentioned agencies to grab a citizen’s land without given the citizen the opportunity to explain the reason for his presence on the property? The tenants on the property have been there for over 20 years overlooking the property for our client. They have evidence of paying land charges up to date, in fact in 2019 they received a letter of commendation from Lagos State Government for prompt and regular payments of their charges.

“In all these, to us, is the shocking revelations coming from the contradictory press releases coming from the various ministries of Lagos State over this impunity perpetuated by Lagos State Government over the land in Folorunsho Kuku Street, Opebi. Fact checks on the reasons advanced by the Ministry of Physical Planning is different from the one given by the Ministry of Transport and the one given by the Ministry of Environment differed from the one given by the Special Taskforce on Land Grabbing. Finally this last one released from the Ministry of Information and Strategy contradicts the earlier one issued by the Ministry of Physical Planning which alleged violation of physical planning laws. Whosever and whatsoever made Lagos State Government, the Centre of Excellence to engage in this brazen impunity and their recalcitrance justifying this illegality shall be revealed sooner or later.

” ‘That the Meadows family (the Petitioner) was also invited to the Committee and it was established that after the execution of the judgement of the High Court of Lagos State, some mechanics and miscreants dislodged them from the land, and all efforts to remove the trespassers had proved abortive until the petition to the Lagos State Special Task Force’. MY RESPONSE. It is unfortunate that this press statement has clearly indicted the Lagos State Government as aiding and abetting land grabbing in Lagos State. How can someone who has a certificate of occupancy of 1989 with lawful tenants who pay their dues, one as Mechanics to the Local Government Area with receipts, two, with evidence of receipts of payment of land use charges to the State Government and three, with evidence of receipts of payment to the Landlord/Association of the Estate be described as miscreants worthy of being dislodged by the State Government? How can anyone justify this type of illegal act by the Lagos State Government? Under the military, an attempt like this by the Lagos State Government to treat a citizen like a miscreant was frowned at by the Supreme Court in the famous case of Ojukwu V Lagos State Government, and we are now under democracy where the constitution and the rule of law should prevail!

“What is very interesting about the narrative above about the said Meadows Family is the several lies that this said family have told the court on why they want the court to re-issue warrant of possession to go back to execute the 41 years judgement. In one instance, they told the court that they did not have money to complete the earlier execution, hence they are now ready financially to complete it. In another application before the court, they told the court that they have completed execution but that the people on site agreed with them to vacate, however they have refused to vacate after the agreed time. In the third application before the court they told the story as re-told by the Lagos State government on their behalf that the alleged miscreants dislodged them after a successful execution. Which of these stories are true? We found out through our investigations that the family through their various counsel did abandon all these fraudulent applications anytime the court raised issue about the genuineness of their strange requests. Even if they are true, which I am not conceding, which area do they want to carry out the execution? Is it on the area for which judgement is entered or upon another area which was never part of the judgement of the court? Interestingly the Courts on which these strange applications were made usually suo motu raised these issues and the next thing is that their lawyers will abandon the application abruptly and run away. We have evidence of these. This was their method of trying to levy execution on a place they never procured judgement on until they found Lagos State Government as a good ally. The question will be why would Lagos State Government lend itself willingly for this type of infamy?” he said

Ubani said Lagos Govt lacks power to question the ex-parte order granted against Lagos Govt in respect of he land in dispute. He said his alarm was never to seek sympathy or blackmail in social media

The statement reads in part, ” ‘That Ubani did not also provide any document to justify that the land belongs to Circle Nigeria Limited. The Committee also ascertained that the ex parte order submitted by Mr Ubani was in the name of Circle Nigeria Limited but the C of O attached thereto was in the name of Kayode Owoseye Akingbade – two different entities”. MY RESPONSE. This part was the most ridiculous. I ask again, has Lagos State Government Officials taken over the responsibility of the court of the land? Is it not funny that in one breadth the Hon Commissioner admitted that a court of competent jurisdiction granted our client an interim order and in another breadth he is querying our documentary evidence to obtain the order? Is the Hon Commissioner of the view that i got the order without documentary evidence to show ownership of the property by Circle Nigeria Limited? Is the Hon Commissioner by his assertion here querying the competence of the learned Judge who granted the order of injunction? Is the Hon Commissioner trying to rewrite the ruling of the court, which is actually what they did by invading our client’s land in collusion with the land grabbers. If I may ask, is the Hon Commissioner saying that if a legitimate land owner with a certificate of occupancy sells his land to a subsequent purchaser who has a deed of assignment coupled with being in possession for a period spanning over 20 years, that that person is in the eyes of the law a trespasser and a miscreant? Honestly I do not seem to get the argument of the Honorable commissioner on the issue of a certificate of occupancy bearing a name different from the subsequent purchaser. It again speaks volume on the desperation to justify this brazen illegality.

” ‘That all the Survey Plans from both the Meadows family and that of Mr Ubani’s client revealed that the subject land falls within the Meadows’ family land; and that the land on which enforcement was carried by LSSTF falls within the parcel of land for which Meadows family obtained judgment in their favor in Suit No LG/513/80′ (I am sure he meant ID/513/80). MY RESPONSE. When I appeared at the Committee on the 11th January, 2021 I saw the desperation of everyone from the State Ministries to justify the illegality hence their recourse to a survey plan that was never part of the proceedings, I counseled myself to follow process and procedure and allow the State Government to continue in their quest to justify themselves. The truth of the matter is that the survey plan made available to the Surveyor General to chart the alleged composite plan which gave him a wrong result and report was a fake survey plan as it was never part of the court proceedings in Suit No ID/513/80. All my atfempt to point out this fact to the Committee was rejected because the Committee had already made up its plans to JUSTIFY THE ILLEGALITY THAT TOOK PLACE ON THE 31ST OF DECEMBER 2020.

“Sincerely speaking when I noticed the desperation of the Lagos State Officials over this land issue, we had counseled ourselves to pursue this matter legally in the court of law, but the current press release from the Hon Commissioner has made this rebuttal very imperative to avoid a situation where lies unrefuted will be taken as truth.

“I am amused by the accusation that I used social media for sympathy and blackmail. I am not seeking for anyone’s sympathy but for truth to be unveiled. Secondly I am a lawyer of reputable standing and not known for blackmailing. It will be wise for the Lagos State Government to admit this grave error and correct the injustice rather than engage in smearing a name of a lawyer that is out to pursue undiluted justice for his client. Social media is open to everyone and the Lagos State Government have just used it to convey their opinion, even though, wrongly on this issue.

“I am a firm believer in Lagos State as a Centre of Excellence and I think I have contributed my own little quota to the development of the State especially pertaining to the election of this present government both at the centre and at the State level. However, I will not be intimidated in pursuing the rights of any of my clients by any government official whose office is only temporal as the State will outlive any individual.

“The Lagos State Government through their officials acted wrongly in the manner they dispossessed a citizen of his land. They need to check their process and procedure in investigating cases of land grabbing to avoid aiding and abetting land grabbers in perpetuating their nefarious acts. The State Officials erred gravely over our client’s land episode and it is alarming that instead of redressing the manifest injustice, the Centre of Excellence is digging deep in infamy and encouraging anarchy. The people who grabbed our client’s land have sold out all the land to desperate buyers with the aid and assistance of the State Government. This is clearly evil, unlawful and a dent on the good name of Lagos State. That they are trying to justify this is terribly alarming!

“However due to my profound respect and love to the current governor, His Excellency Mr Jide Sanwo-Olu, a complete gentleman i would have said more on this issue, but I am restrained to hold my gun powder dry. I am too sure that he is yet to know the whole truth about this sad episode.

“Conscience is an open wound, only truth heals it. (Thenigerialawyer)

#ENDSARS: Policemen Beat My Husband To Death, Woman Tells Lagos Panel

The Lagos State Judicial Panel of Inquiry and restitution for victims of SARS and the Lekki Tollgate incident at the weekend heard how a man was beaten to death by policemen attached to Okokomaiko Division.

The deceased, Julius Adeogun, a lotto operator, was allegedly killed in 2018 by cops who arrested him during a raid.

In her evidence before the panel, the deceased’s widow, Mrs. Adewunmi Adeogun alleged that her husband was apprehended on January 31, 2018 during a raid on their street.

The woman who wept uncontrollably said he was arrested alongside many other people but unfortunately, he never came back.

“Unlike others who were allegedly released after allegedly paying the bail fee, my husband was not that lucky as he was beaten to death,” she stated.

According to the woman, her late husband was the one taking care of his aged parents, their four children and herself.

However, hearing could not continue on her matter as a result of her emotional state. The panel in its wisdom held that the woman was unfit for cross-examination by the police counsel and adjourned the matter to March 9 for further hearing.

Prior to this case, the panel heard five other petitions including that of Adebayo Yinka Austin vs Federal Special Anti-Robbery Squad (FSARS), which involved an alleged wrongful arrest, detention. ( thenigerialawyer)

I Want To Be A Medical Doctor, Says 11-Yr-Old Boy Hit By Stray Bullet During #ENDSARS Protest

Eleven years old boy, Master Osasu Omoigui who was hit by a stray bullet on his genital during the #EndSARS protest said he would like to be a medical doctor when he grows up.

The primary three pupil of Maria Christian Academy, Benin, who spoke with journalists when his Mother, Stella Omoigui, appeared before the Edo State Judicial Panel of Inquiry for victims of the SARS and Police related abuses to present her petition pleaded with the state and federal government to come to his aid to actualise his dream.

“I want to be a medical doctor by the time I grow up and finished my education, please, the government and every spirited individual should help me”, he said.

He said he can’t go to school because of the problem.

Speaking before the panel, Stella Omoigui, said she sent her son on an errand when he was hit by a stray bullet on his genital.

Mrs. Omoigui, said Osasu was asked to take ripe plantain to his father along Old road, Sapele road, Benin, when he was hit by bullets from police officers dispersing the #EndSARS protesters.

“My son was later treated and discharged from the University of Benin Teaching Hospital, UBTH. Since the incident, I have been spending the little resources I have on him.”

” He can’t pass out urine except through a fixed pipe on his abdomen, this has forced him to always be on wrappers instead of trousers.”

Omoigui’s mother has however demanded for N50 million as compensation and for his medical bills.

The panel chairman, Justice Ada Ehigiamusoe (rtd), said the child’s condition must be treated with prompt attention.

“I have a medical doctor in my team, looking at the young man, he’s about 11 years old, he is unable to dress properly like normal human being, we found him to be wrapped in wrappers and the medical doctor in my team, examined him and found that he is badly damaged in his genital region and we have reviewed that this calls for an emergency intervention.

“We will do the necessary things that will be required of us just like the state government has always done, matters of this nature be treated promptly. If you recall, we have similar matters of about two of them, deaf and dumb, more than that and promptly, the state government intervened.

“It is one of those things, the consequences of that protest, we can’t really lay our hands on anybody but we will try our best to make the adequate recommendations.

Justice Ehigiamusoe and other members of the panel however raised some amount of money for the victim. (Thenigerialawyer)

Sen. Ekwunife Pays Condolence Visit To Family Of Late Ebele Ejikeme, Esq. Expresses Shock Over Her Demise

notes that the Late lawyer was Kindhearted, Entrepreneurial, Vibrant and Energetic

The Senator representing Anambra Central Senatorial District, Uche Ekwunife (Iyom), today paid a condolence visit to the family of Late Barr. Ebele Ejikeme who before her death was an Educationist, Legal Practitioner and Politician.

Senator Ekwunife was received by her two sons, His Worship Chike Emeka who is a Magistrate and his younger brother, Barr. Nonso.

Expressing shock over the death of Barr. Ejikeme, Ekwunife noted that it was hard to believe that the deceased was gone. She said that when she heard the news yesterday she found it unbelievable.

“Ebele was a vibrant, energetic and kindhearted woman. She was a mother, teacher, lawyer and an entrepreneur. Her death has created a huge vacuum in the lives of many who benefitted from her very kind spirit.”

She prayed for her peaceful repose and urged her children to be consoled by the amazing life their late mother lived, saying that only God knows why he had to call the deceased home at this time. ( thenigerialawyer)

TIPS