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ICMC President Encourages Synergy Among ADR Institutions In Nigeria

The President of the Institute of Chartered Mediators and Conciliators (ICMC), Chief Emeka J.P. Obegolu, FICMC, FCIArb, while delivering a goodwill message on behalf of the Institute during the launch of the Arbitration and Mediation Rules of the Janada International Centre for Arbitration and Mediation (JICAM), encouraged the many Alternative Dispute Resolution (ADR) institutions in Nigeria to support each other.

He stated further that there are over ten (10) ADR institutions in Nigeria alone, he believes that the general hope is for these institutions to leave their mark on the dispute resolution landscape in Nigeria, and contribute to the effective resolution of disputes, and this hope unites us all. He explained that to achieve this united goal, we must see ourselves not as competitors, but as partners in this dynamic field of Alternative Dispute Resolution.

In support of this statement, he announced that the Institute is currently partnering with over twenty (20) ADR institutions in Africa, and beyond, to deliver her first ever African Mediation Conference themed “Transnational Commercial Mediation: Leveraging Options and Intersections in Africa.”

Some of the organizations ICMC is partnering with are;
– Janada International Centre for Arbitration and Mediation (JICAM)
– International Centre for Arbitration and Mediation, Abuja (ICAMA)
– Lagos Court of Arbitration (LCA)
– Lagos Chamber of Commerce International Arbitration Centre (LACIAC)
– Abuja Chamber of Commerce Dispute Resolution Centre (ACC-DRC)
– Oyo State Multi-Door Courthouse
– Mediation Training Institute (Nigeria)
– Mediation Training Institute (East Africa)
– Institute of Chartered Mediators and Conciliators (East Africa)
– African Arbitration Association
– West Africa Network for Peacebuilding (WANEP)
– International Mediation Institute (IMI)
– Tanzania Institute of Arbitrators
– iResolve
– Kigali International Arbitration Centre
– Nairobi Centre for International Arbitration
– ODR Africa Network
– Chartered Institute of Arbitrators (UK) Nigeria Branch
– Conflict Dynamics (South Africa)
– SEDIN-NICOP, GIZ Nigeria
– Panel of Neutrals
– Pan African Lawyers Union (PALU)

The Institute of Chartered Mediators and Conciliators happily extends a hand of partnership to the many outstanding ADR institutions in Nigeria, and in Africa, to partner with her to interrogate the issues and developments surrounding the business of Mediation and International Commercial Mediation in Africa.

The Institute of Chartered Mediators and Conciliators is the professional body of dispute resolution practitioners with the mandate to regulate the practice of Mediation, train prospective ADR practitioners, and encourage organizations and institutions to adopt Mediation and Conciliation as the primary means for resolving disputes.

The ICMC 2020 African Mediation Conference is scheduled to hold on the 1st of December, 2020, and to partner with ICMC to deliver this conference, kindly send an email to [email protected].

To register for the African Mediation Conference, kindly visit www.icmcconference.org. For more information about the Institute of Chartered Mediators and Conciliators, kindly visit www.icmcng.org

Alleged pension fraud: Absence of judge, Maina stall trial

The absence of Justice Okon Abang of the Federal High Court, Abuja, and Abdulrasheed Maina, ex-Chairman, Pension Reformed Task Team (PRTT), on Monday, stalled the continuation of the ongoing money laundering trial.

Although Justice Abang and Maina were not in court for the day’s proceeding, Sen. Ali Ndume, who is standing as surety for the ex-pension reformed boss, was in court.

The News Agency of Nigeria (NAN) reports that the Economic and Financial Crimes Commission (EFCC) had arraigned Maina (1st defendant) before Justice Abang, on Oct. 25, 2019, alongside his son, Faisal; and firm, Common Input Property and Investment Ltd.

Although Maina is facing 12-counts bordering on money laundering, he had pleaded not guilty to all the charges.

It would be recalled that the former pension reformed chair was recently released from Kuje Prison nine months after he was able to produce the senator who deposed to an affidavit to always bring the 1st defendant to court at every adjourned date or forfeit the N500 million bail bond.

NAN also reports that Ndume, who represents Borno South in the National Assembly, had told the court, on Oct. 2, that he did not know the whereabouts of Maina after the 1st defendant was absent from court for the third time.

The judge, in the last sitting, had ordered Ndume to produce Maina unfailing at today’s (Monday’s) proceeding or he would be forced to grant the EFCC’s prayers to revoke Maina’s bail and issue a warrant of arrest against him.

Besides, the anti-graft agency had also prayed the court to make an order for the lawmaker to forfeit the N500 million bail bond to the Federal Government and be remanded in prison pending the time he was able to meet the pledge.

At the resumed trial on Monday, counsel to the parties and Sen. Ndume were all in court at about 9 am but Justice Abang and Maina were not in court.

Maina’s case was number two on the course list.

The court registrar, after litigants in cases scheduled for the day, had waited for over an hour, announced that the day’s sitting would not be holding.

“The court is indisposed and all criminal cases slated for today will be adjourned until tomorrow, Tuesday, including the case between the Federal Government and Abdulrasheed Maina,” the registrar said.

All efforts to interview Sen. Ndume were unsuccessful as the lawmaker said he would not speak since the court did not sit. (NAN)

“BOSAN Calls For Increased Number Of Qualified Applicants To Be Conferred With The Rank Of SAN”

*Makes Case For Judicial Reforms,
*Demands End To Political Interference

The Body of Senior Advocates of Nigeria (BOSAN) has said that the greatest threat facing the Judiciary at the moment is the incessant disregard for the letters and spirit of the Constitution by politicians.

The body which made their stance known at the opening of the New legal year of the National Industrial Court of Nigeria (NICN) on the 5th of October, 2020 at the Court’s Headquarters in Abuja.

Mr. Asiwaju Adegboyega Awomolo SAN who made the position of the body known, stated that most state executives and appointing authorities deliberately choose to frustrate the decisions of the National Judicial Council with regardss to the appointment of various heads of courts, noting that by section 158 of the 1999 Constitution of Nigeria, the NJC is not subject to any direction or control when carry out its duties.

The respected attorney called on the Nigerian Bar Association (NBA) to swing into action by seeking Judicial interpretations on the issue.

According to Mr. Awomolo, a better alternative to the present system of appointment of Judicial officers would be for the NJC to directly send the names of the intended Judges and Justices to the legislative arm, and thereafter the individuals should be appointed by the executive and not with the reverse scenario as presently obtainable. This alternative, he considered would help checkmate the incessant undermining of the NJC’s recommendations as the NJC has the preferred qualification for that.

The body also accused the executive arm of deliberately frustrating the course of Justice by withholding funds meant for the Judiciary sighting the recent outcry by some retired Judicial officers with regards their pension.

Mr. Awomolo SAN however commended the president of the court, for the accelerated application and deployment of information technology software in the court, leading to speedy disposition of cases, as well as the timely intervention of the court in various industrial dispute, thereby justifying the wisdom in creating the court as a specialized court. He called for the creation of more specialized courts, so as to meet up with the ever-growing demands.

With regards to the applicants to the rank of Senior Advocates, He noted that over the years, there have been an increasing admittance of respected individuals into the highly coveted rank of Senior Advocates of Nigeria (SAN), with this year having a total of 166 applicants being shortlisted from 200 applicants. According to the body, there exists no harm in admitting more individuals with unquestionable character and integrity into the inner bar without compromising the standard of the bar.

Mr. Asiwaju Adegboyega Awomolo SAN, would stood in for the Doyen of BOSAN— Alhaji Abdullahi Ibrahim SAN, due to the I’ll health of the latter.

Properties Found And Unclaimed

#OBSCURELEGALFACTS BY AROME ABU.

In Nigeria, where any person finds a lost property, he must take it to the nearest Police Station within 24 hours.

The police shall make public announcement atleast 3 times in print and electronic media about the property.

If the property remains unclaimed after six months, it shall be auctioned and the proceeds paid into the Police Reward Fund.

See Section 88 of the Police Act 2020

Arome Abu is the Principal 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

Police Arrest Fake Lawyer While Defending Case In Court

The growing incidences of quackery in legal practice are becoming more rampant in Ogun State, where a fake lawyer was apprehended by the Police in the thick of a court session.

The scene was a civil trial at the Magistrate Court 6, Ifo, where Chief Magistrate I.A. Arogundade was adjudicating over cases called for hearing on Friday October 2, 2020.

The fake lawyer, Tajudeen Olufemi Idris, was defending a civil trial between one Ifeanyi Chuckwu Vs Ayo Itori, when suddenly his comportment and general temperament became questionable.

Chief Magistrate Arogundade was said to have raised questions about his conduct and representation before the Court and promptly queried his law studentship and year of his Call to Bar.

He had claimed to be a legal counsel from his own legal Chamber, Tajudeen O. Idris & Co.

The culprit responded, claiming to have graduated from the Nigerian Law School in 2009. 

But, further enquiry revealed that his name was nowhere to be found amongst those called to bar in 2009, hence, the Police were notified.

Consequently, the Divisional Police Officer, Ifo Division, CSP Adeniyi Adekunle, detailed his operatives to the court premises, where the suspect was apprehended.

The suspect is currently undergoing investigation and he is presently in the custody of the Police.

Meanwhile, the Commissioner of Police, CP Edward Ajogun, has expressed concern about increase in the number of people impersonating lawyers, thereby swindling people of their hard-earned money. 

The CP recalled that not less than five cases of fake lawyers have been reported since his assumption of office in less than 2 months ago.

On the 12th of August 2020, a 56-year old man, Sylvester Ogbagu, was arrested at Shagamu while parading himself as lawyer.

Another fake lawyer, Adedeji Ebenezer, was arrested in the Court premises at Itori on the 5th of August 2020, while similarly appearing for a client as a lawyer.

The suspect was tried and subsequently sentenced to three years in prison.

Another fake lawyer, Elijah Ayodeji Ojo, was also arrested in Ajuwon Police Station on the 28th of June when he came to solicit for a so-called client, who was having a criminal matter with the police. 

Likewise was the case of one Lawrence Oyedunu, who was arrested in Sango Ota while presenting himself as a counsel to a suspect.

The CP, therefore, called on the state branch of NBA to put necessary machinery in motion to checkmate the activities of these fraudulent people.

Ajogun also appealed to those who wish to be lawyers to take a cue from the determined effort of a traditional ruler in the state, who at 75 years of age still endeavored to go to Law School because of his interest in legal profession rather than impersonating.

How foreign firms hijack businesses from Nigerian entrepreneurs

The difficulties Nigerian entrepreneurs endure in the hands of foreign private equity firms and venture capitalists have been blamed on the clever tricks deployed by investors.

Investigations on the Nigerian business landscape revealed that the tricks used by equity partners easily deceive Nigerian business founders into their embrace and eventual takeover of such businesses from founders.

A source familiar with relationships between foreign equity firms and Nigerian businesses disclosed that private equity companies are adept at using tax avoidance entities, registering their investment vehicles in places such as Mauritius.

The source also explained that the equity firms insist on the initial investments being in tranches, so as to enable them to scoop shares at much lower value via rights issue.

Another business source explained that foreign equity firms deliberately concede to having a Nigerian founder as Chief Executive Officer for a few years, during which they milk the reputation, goodwill and connections of the founder as a prelude to his/her eviction from the business or being rendered a peripheral figure (such as chairman).

 “Once they fully grasp the business model and have acquired sufficient nous on the business landscape, they would quickly remove the founder and take control of the Board and Management,” said the source.

“After gaining control of the Board and Management”, he stated, “foreign equity partners tend to borrow locally against the company’s cash flow, taking advantage of subsidized funds, like intervention funds, to drive growth before selling at a premium to the highest bidder.”

In recent times, Nigerian businesses such as Chicken Republic; travel firm, Wakanow; pathology laboratory, Pathcare (now Synlab), Starcomms; FilmHouse/Imax and HealthPlus, have seen equity partners dueling with the founders for ownership.

The issue has become one of huge concern in the business and investment circuit.

Last week, Nigerian business owners, under the umbrella of the Business Founders Coalition, called the attention of the Federal Government to the plight of local business founders.

The coalition, at a press conference held in Lagos, said: “Our experiences have largely been ‘tales of woes’ which have the possibility of stunting the growth of indigenous businesses like ours. We are also hoping that through this coalition, the government can enact policies and laws that will correct that apparent lop-sidedness.”

Led by its coordinator, Dr. Richardson Ajayi of Synlab, the coalition said Nigerian business founders are forced to go shopping for foreign investor partners because of un-favourable or unavailable access to local finance to grow their business.

The coalition added that venture capitalists usually demand controlling rights as a condition to invest and often seize on this wrest control from the founders.

While admitting that investor partners are crucial for national growth, adding that there are many good equity companies patient enough to see the equity transactions blossom, the coalition said others are simply predatory in their transactions.

“Our objective is not to deride it or even paint everyone with the same ‘tar’. There are many good private equity companies and many successful private equity transactions as well as patient private equity players that understand the challenges of this market. But unfortunately, there are some who come into Nigeria literally to hijack our companies. Our intention therefore is to lead the charge in drawing attention to this unwholesome practice and advocate for a better investment climate for Nigerian entrepreneurs,” said Ajayi.

He noted that Nigerian entrepreneurs’ options for growth capital are severely limited, as bank loans are hugely expensive where available.

“So, when you are talking to only one investor, which is usually the case, you really are between the ‘rock and a hard place’. You either take the money on the onerous terms or you watch your business dreams evaporate like many have done,” he further stated.

Ajayi noted that foreign investors tend to make sweet promises beyond funding, but do not deliver at the time of the growth, forcing local entrepreneurs to endure the breaches in a bid to ensure their dreams do not go up in smoke. This, he said, often never works and leads to boardroom tussle.

Ajayi noted that the latest victim of the investor/ business owner clash is HealthPlus, whose Founder & CEO, Mrs. Bukky George, has been having a raging battle with Alta Semper Capital, a United Kingdom private equity firm that wants to take control of the company, following a breakdown of the investment deal between both firms.   (Sunday Independent)

REVEALED: Senator Ali Ndume Submitted Forged Documents To Bail Maina From Prison

Maina, who is standing trial on a 12-count money laundering charge filed by the Economic and Financial Crimes Commission, was admitted to bail in the trial presided over by Justice Okon Abang of the Federal High Court, Abuja.

Senator Ali Ndume has submitted fake and forged documents to perfect the bail of former Chairman of the Pension Reform Task Team, Abdulrasheed Maina, from prison.

Maina, who is standing trial on a 12-count money laundering charge filed by the Economic and Financial Crimes Commission, was admitted to bail in the trial presided over by Justice Okon Abang of the Federal High Court, Abuja.

Maina was initially admitted to bail in the sum of N1bn with two sureties in like sum.

Both sureties must be serving Nigerian senators with no criminal cases before the court and must have fully developed landed property in Maitama or Asokoro district of Abuja.

After being unable to meet his bail term, the judge varied the bail for Maina to produce one senator, who must sign a bail bond in the sum of N500m and accompany Maina to court on every trial day.

Ndume, subsequently agreed to stand surety for Maina but rather than present original documents, he submitted forged documents to the court to perfect Maina’s bail.

According to Global Transparency and Anti-corruption Network, Ndume presented the property documents of a house owned by one Ahmed Lawal, deceiving the court that it was his.

Ndume also presented a forged Irrevocable Power of Attorney on the property, adding that the property in question had previously been forfeited to the government in a separate case.

In a letter written to the EFCC, the anti-corruption network described as “monumental and gigantic fraud” the forging of documents by Ndume for the bail of Maina.

The letter reads, “We wish to bring to your notice that the documents submitted in relation to the property Plot No: 158 Asokoro District bring No 93 Yakubu Gowon Street, Asokoro (subject property) the collateral used for the bail of Abdulrasheed Maina in the above criminal charge are forged and/or fraudulently misrepresented.

“The subject property is the corporate office of Fiscal Responsibility Commission Abuja, a Federal Government agency.

“The subject property is No 93 Yakubu Gowon Street, Asokoro, a property covered by C of O No: 17dew-d743Z-6e31r-e6D2u-10 in the name of Lawal Ahmed, which is forfeited to the Federal Government and handed over to Fiscal Responsibility Commission Abuja, for use as their office and therefore does not in any way belong to Senator Ali Ndume, the bail surety to Abdulrasheed Maina. The presentation of the property by Sen. Ali Ndume as collateral for bail is a gigantic fraud.

“The so called Irrevocable Power of Attorney dated 14, February 2018 that purported to irrevocably appoint Senator Ali Ndume, as the attorney of Lawal Ahmed over the subject property is also a fraudulent document since the property is forfeited to the Federal Government.

“The representation that the so-called Irrevocable Power of Attorney dated 14th February 2018 between Lawal Ahmed and Sen. Ali Ndume is registered at Abuja Geographic Information Services (AGIS) is a fraudulent misrepresentation as no such Power of Attorney has ever been registered at AGIS.”

The group also revealed that the photograph of the property known as Manor Terrace was submitted and fraudulently misrepresented as being Plot 158 Asokoro District covered by the C of O and by the purported Power of Attorney, whereas, Plot 158 Asokoro District is numbered as No: 93 Yakubu Gowon Crescent Asokoro, situated four property blocks away from ECOWAS Secretariat.

The Global Transparency and Anti-corruption Network called for fresh charges to be instituted into the case of Maina and Ndume.

The group raised the alarm that with the presentation of forged documents, Maina could easily abscond the country and flee trial.

“With these monumental fraud and forgeries the court was misled into certifying that Abdulrasheed Maina had fulfilled his bail conditions which led to his release from prison, setting the stage for an imminent flight and disappearance of Maina and making a mockery of the judicial and prosecutorial systems of the nation and above all rewarding impunity and brigandage.

“The enormity and scale of the fraud perpetrated by Abdulrasheed Maina and his accomplices should necessarily lead to fresh criminal charges, apart from the above titled charge for which he is presently being prosecuted.”

Mother Kills Own Children Because Husband Married Second Wife

The woman, it was gathered, stabbed the children many times until they stopped breathing.

jealous housewife in Diso village, Gwale Local Government area of Kano State, Hauwa Aminu, has allegedly killed two of her children over rivalry and because her husband, one Ibrahim Haruna Aminu, married a second wife.

The woman, it was gathered, stabbed the children many times until they stopped breathing.

The incident happened while the husband was staying with his new wife in another house.

A family source said Hauwa had been living with envy and jealousy ever since Aminu married another wife, leading to her killing her own children.

Spokesperson for the Kano State Police Command, Abdullahi Haruna, confirmed the incident.

He said the command was already investigating the situation. (saharareporters)

Enemies Of Nigeria Manufacturing Weapons For Terrorists, Borrowing Us Money We Cannot Repay —Pastor Adeboye

The cleric made the comments at a service to mark Nigeria’s 60th independence anniversary at RCCG headquarters, Throne of Grace, Ebute-Metta, Lagos

Pastor Enoch Adeboye, General Overseer of The Redeemed Christian of God, has said that the enemies of Nigeria were those who manufacture weapons and gave to people perpetuating attacks around the country.

The cleric made the comments at a service to mark Nigeria’s 60th independence anniversary at RCCG headquarters, Throne of Grace, Ebute-Metta, Lagos.

Pastor Enoch Adeboye, General Overseer of The Redeemed Christian of God, has said that the enemies of Nigeria were those who manufacture weapons and gave to people perpetuating attacks around the country.

He added that certain nations were deliberately befriending Nigeria with the intent to sponsor terrorism and provide loans that would be difficult to repay by the country.

He said, “There are some people buying weapons for those that are carrying guns who are causing havoc here and there and there are also some nations that are befriending our nation that are not truly our friend, who want us to borrow money so much that we would not be able to repay, knowing fully well that an average borrower would be the servant of the lender as long as he remains a debtor.

“These enemy nations manufacture guns, bullets and rejoice when we have problem so that we can come and buy guns and bullets to kill our people. Every terrorist and every sponsor of terrorists in Nigeria would not see the New Year.

“If not for God, what will Nigeria be saying now? The experts expect us to be dying like chicken but God did not allow it to happen.”

He added that certain nations were deliberately befriending Nigeria with the intent to sponsor terrorism and provide loans that would be difficult to repay by the country.

He said, “There are some people buying weapons for those that are carrying guns who are causing havoc here and there and there are also some nations that are befriending our nation that are not truly our friend, who want us to borrow money so much that we would not be able to repay, knowing fully well that an average borrower would be the servant of the lender as long as he remains a debtor.

“These enemy nations manufacture guns, bullets and rejoice when we have problem so that we can come and buy guns and bullets to kill our people. Every terrorist and every sponsor of terrorists in Nigeria would not see the New Year.

“If not for God, what will Nigeria be saying now? The experts expect us to be dying like chicken but God did not allow it to happen.” (saharareporters)

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