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Tales of horror from IDPs in Kaduna as NASS says it will engage security agencies to prevent killings

The tales were chilling: a mother fleeing watched her two years old daughter washed away in River Kaduna as they fled bandits having a field day mowing down the natives and burning houses in the midst of a 24-hour curfew in Zango Kataf.

The number of the dead, according to the spokesman of the Southern Kaduna Peoples Union (SOKAPU), Mr. Luka Binniyat, has risen from the initial 22 to 30 from last weekend’s attack.

He added that most Atyap men have opted to remain in the communities to protect their ancestral land, which they said that bandits of alleged Fulani descent are after.
Binniyat said the Internally Displaced Persons camps are filled mostly with women who told stories of how they recognised some of their attackers as former neighbours who boasted they would flush them out.

Recall that Chibob village was attecked on Friday night, and nine persons were killed others seriously injured, and many houses were also burnt.

There were similar attacks in Sabon Kaura village where 15 people were also murdered in the night while the third attack at Ungwan Audu village on Sunday night also left several houses and farmlands burnt with many injured.

Binniyat said not less than 60 were injured and are receiving treatment in hospitals.

But in Abuja, the Senator representing Kaduna South Senatorial District, Danjuma La’ah was telling the tale of his people’s suffering in the hands of bandits, and calling for the federal government to step up action against the bandits.

On the floor of the Senate, Tuesday La’ah said: “I wish to bring a request before this Senate, that there is incessant killings in Kaduna South, which I’m seeking the help of the Senate to send military men and police to help us overcome the situation in southern Kaduna.

“It has become a very serious matter that many people are being killed. The situation is very embarrassing and I’m pleading with the National Assembly to request the Federal Government to send the Police and armed men to protect the lives of my people and their property.

“It is unbecoming, as this situation has been on for many years and it has got to this point even though I’ve been complaining.

“The situation as at the other times was calmed down, but it has started again, and I pray the National Assembly will help to provide military men to help the situation”.

The Senate President, Ahmad Lawan, in his response, expressed the willingness of the National Assembly to engage security agencies with a view to up-scaling operations around areas prone to attacks in Kaduna South.

“I will suggest that we talk to the security agencies to upscale their activities around those hot spots in Kaduna, and this is something that we owe the Nigerian people,” Lawan saidAlso, the Senate has urged the President Muhammadu Buhari-led government to direct the immediate deployment of a Semi-Permanent Platoon of soldiers to decisively uproot bandits and insurgents seeking refuge in Jigawa communities after fleeing the wrath of security agencies in some northern states.The call was made by the upper chamber on Tuesday following consideration of a motion on “the need for the establishment of a Military Unit in Jigawa State.”Sponsor of the motion, Senator Hassan Hadejia (APC – Jigawa North East) bemoaned the invasion of communities in Jigawa state by insurgents and bandits fleeing mounting pressure of security agencies across other northern states.

“These migrant alien settlers are masquerading and mixing with herders trooping to the area because of the fertile flood plain and thick forest cover,” he said.According to Hadejia, the zone which is bordered by Yobe and Bauchi States and Niger Republic has faced challenges of insurgents sneaking in to take temporary refuge from army operations.He added that, “proactive measures by the security operatives in conjunction with a reporting mechanism using traditional institutions has ensured they are neutralized before they localize and take root.

”The lawmaker expressed worry that “most of these herders and other armed groups that mingle with them appear to be non-nationals and their activities in the last 12 months has assumed a dangerous dimension resulting in attacks and raiding of villages.

”“They have also adopted unwarranted destruction of farm produce to discourage farmers from planting in what appears to be an extension of the strategy in the far northwest to disrupt agricultural production and precipitate calamitous food insecurity in the country to aid in their strategy of creating instability through hunger and local economic devastation.“The three local Governments affected form the flood plain of the Hadejia River Basin and are the most productive in the zone providing fertile land and abundant water to thousands of families who can achieve 3 harvest annually;

“The perpetrators have no fear or regard for the police and the local inhabitants are also losing confidence in the authorities as no one has yet been apprehended and successfully prosecuted”, the lawmaker said.Hadejia lamented that, “several lives have been lost as the marauders mercilessly hack down innocent villagers in a gruesome manner with the latest incident claiming almost 10 lives last week.”

“There is need for take preventive measures so an to avert the Zamfara and Katsina experience”, he added.The Senate accordingly, called on the Federal Ministry of Agriculture and the Federal Ministry of Humanitarian Affairs to immediately arrange for distribution of relief materials and agricultural support to the affected communities to enable crop cultivation during the rainy season.▪︎ Additional reports  by Ezrel Tabiowo, Special Assistant (Press) to President of the Senate 

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Wedding Invitation On Official Letterhead: Lawyer Writes AGF, Malami To Confirm Authenticity

A lawyer, Osita Enwe, has written to the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) regarding a wedding invitation addressed to an unknown recipient bearing his signature.

The AGF had allegedly used his official letterhead paper to invite people to his son’s wedding.

In the freedom of information (FoI) request sent to Malami, Mr. Enwe is seeking confirmation as to whether the wedding invitation letter truly emanated from his office.

Read the letter below:

14th July 2020

Office of the Attorney-General of the Federation and Minister of Justice
Federal Ministry of Justice
Plot 71B Shehu Shagari Way
Maitama
F.C.T Abuja

Attention: A-G Federation and Minister of Justice or the Head FOI Desk

Sir

REQUEST FOR SPECIFIC INFORMATION
RE: WEDDING INVITATION DATED 03:07:2020

Kindly refer to the letter allegedly signed by the Attorney-General of the Federation and Minister of Justice with your reference number HAGF/PRO/AZ/11/2020/124, addressed to an unidentified recipient in respect of the subject matter referenced above (the “letter”).

Without patriotic zeal, I request that you dutifully confirm to me in writing that the letter duly originated from your office. Note that my request or application is predicated on the enabling provisions of the Freedom of information Act, 2011 (the “FOI”).

Note further that in accordance with the FOI, which vests you with oversight functions as its Chief Compliance Officer, I trust that I will receive a response from you within 7 days of your receipt of this request.

With gratitude and firm hope in your good judgement, I look forward to your prompt and favourable response to my request.

Yours faithfully

Leaked “Audio” Of Niger Delta Minister, Goodwill Akpabio Negotiating Bombing Of Oil Pipelines With Militants

Leaked “Audio” of Niger Delta Minister, Goodwill Akpabio negotiating bombing of Oil pipelines with militants has surfaced.

LISTEN TO THE AUDIO

Credit: https://wazobiareportersng.com

COVID-19: Judiciary Going On Long Vacation At This Time Is Insensitive—Access To Justice

An advocacy group under the aegis Access to Justice has said that the judiciary must demonstrate a moral and vocational commitment to ameliorating the impact of the COVID-19 pandemic on the delivery of justice noting that judges going on vacation after having spent over 2 months at home shows that the judiciary does not take the Justice system delivery seriously.

This was disclosed in a press released signed by the Convener Joseph Otteh and the Project Director, Deji Ajare, and made available to THENIGERIALAWYER(TNL).

The group while faulting the recent announcement for the long vacation by the most heads of courts said taking the long vacation at this time is insensitive as there are backlogs of cases waiting to be attended to.

The group also commended the Chief judges of Ogun, Hon. Justice M A. Dipeolu and Jigawa State, Justice Aminu Sabo Ringim for not being part of the judiciary that would embark on vacation.

“Some Federal and State Courts are Announcing Court Vacations Beginning this July, which will last for up to two months. But some Judiciaries have put off those vacations for the year 2020. Among those who have done so are Ogun and Jigawa State Judiciaries.

“Access to Justice applauds the heads of court that have, in response to the exigencies of ameliorating the delays caused by the Judiciary’s reaction to the COVID-19 pandemic, put off annual vacations for their Judges. The heads of these judiciaries have shown conscientious and responsive leadership.

The group also said that taking Vacations after Long Suspension of Court Sittings Not Right; Gives the Wrong Message About Judiciary’s Commitment to Delivering Justice.

“The announcement by other Federal and State Judiciaries that their courts will proceed on routine annual vacations, for at least a two-month period, is unfortunate. Thousands of cases were affected by the suspension of court sittings following the Chief Justice of Nigeria’s directive to suspend court activities in March, or the limited scope of hearings taking place now following the partial resumption of court business.

“Many of the cases affected by limited court sitting are cases that are delicate, time-sensitive, vital for other processes, or those that involve personal liberties. In some criminal cases, defendants who could not access pre-trial bail are in overly-congested correctional houses, institutions that also present a very peculiar problem of their own. Should there be a COVID-19 pandemic outbreak in them, many of the inmates there would be at huge risks of infection and their lives on the line. The Judiciary as an institution has a primordial and frontline responsibility to protect human life, and this responsibility ought to weigh heavily on how its decisions – including vacation decisions – are arrived at,” the statement read.

The group further noted that many things are wrong about how Judiciary takes vacations

“In the first place, the idea of taking en bloc judicial vacations is wrong. Many judiciaries around the world that practiced it have abandoned the model. Judicial officers may take individual vacations as individualized vacations have lesser effect on the delivery of judicial services as a whole. Second, the length of judicial vacations, when calculated cumulatively over a given year, is also excessive. In the present context, given that courts’ docket backlogs are possibly at breaking point, the Judiciary ought to have taken a different approach to the length of vacation period. Last year, the Court of Appeal President cancelled vacations for Court of Appeal Justices on the grounds that taking those vacations would prejudice the determination of many time-bound election cases. That sentiment ought to have prevailed in the current situation.

The group concluded by calling on the National Judicial Council to step in and reverse vacation schedules

“The National Judicial Council (“NJC”) must step in now, just as it weighed in to direct the suspension of court proceedings following National Policies and Guidelines in March and April.

“The NJC ought now to make a Judiciary-wide policy on vacations that demonstrates that the Nigerian Judiciary does not exist in an abstract institutional vacuum of its creation, but is part and parcel of Nigerian society, and will itself make the sacrifices necessary to ensure the overall good and welfare of the Nigerian people.

“The NJC should direct all the courts that have announced judicial vacations to reverse those decisions now.” the statement read.

Thenigerialawyer

NITDA adopts 130 farmers for smart agric

The National Information Technology Agency (NITDA) has adopted 130 farmers in the National Adopted Village for Smart Agriculture (NAVSA) programme.

The essence of the adoption is that the farmers will be provided with ICT tools and cash to showcase their produce to the global market digitally, a statement from NITDA said at the weekend.

The project, piloted in Jigawa State, was initiated to systematically adopt farmers across the 774 Local Government Areas in the country in order to support and equip them with necessary skills that will make Nigeria one of the leading nations in digital farming, the statement signed by NITDA’s spokesperson Hadiza Umar added.

“One hundred and thirty thousand (130) beneficiaries drawn from 27 Local Governments of Jigawa state were trained and also provided with smart devices, internet connectivity, seed fund worth N100,000 and certified seed during the official closing ceremony of the event that was held both physically and virtually”, it said.

The statement quoted Governor of Jigawa State Mohammed Badaru Abubakar who attended the ceremony virtually as appreciated the Federal Government for bringing the project to the state and promised to ensure its sustainability.

He also cautioned the beneficiaries against misuse of the materials and knowledge impacted on them.

He maintained that the state in the last few years has produced a lot of millionaires through rice farming precisely.

The Minister of Communications and Digital Economy, Dr Isa Ali Ibrahim Pantami while delivering his address said there is need to come up with innovative ideas that will promote smart agriculture in Nigeria as a means of diversifying the nation’s economy, adding that Nigeria is blessed with a large fertile landmass.

While delivering his welcome address, Director General of NITDA, Mallam Kashifu Inuwa Abdullahi said the goal of NAVSA is to build digital capabilities and innovations across agriculture value chains aimed to create massive jobs and improve the income and wealth of every ecosystem player.

Thenigerialawyer

77-yr-old Granny, “Mama Arsenal” Gets Sponsorship To Visit Emirate Stadium

Trending 77-year-old grandmother, Alhaja Hassan popularly known as mama Arsenal has secured a full sponsored trip to visit her favorite club at England.

Alhaja Hassan who is a fan of the English Premier League side Arsenal caught the eyes of football followers with her apt analysis of Arsenal game.

Today award-winning supporters club in Nigeria, Authentic Nigeria Football Supporters (ANFSC) unveiled their plans to take the 77years old to Emirate stadium to see Arsenal play.

Mama Arsenal was presented with the sum of #250,000 to help process her passport by Authentic Nigeria football Supporters club (ANFSC) at their state of art Secretariat in Lagos. Presenting the cheque to mama Arsenal was the club president and a strong stakeholder of the club, Honourable Rotimi Ajanku who bankrolled the idea.

Speaking about the event, Mama Arsenal said that this is a true definition of dream coming through; she appreciated the kind gestures extended to her by Nigerians and especially to the members of Authentic Nigeria football Supporters club which she is a bona fide member.

Speaking on the development, Prince Abayomi Ogunjimi the national chairman of ANFSC said that the club is happy to be associated with Mama Arsenal who he described as a true fan.

Thenigerialawyer

LAW HISTORY SERIES; The First Senior Advocates Of Nigeria, Their History, The Historical Events That Trailed Their Careers And The Interesting Facts About Them

By Toheeb Mustapha Babalola.

Few weeks ago, I started conducting research on lawyers who became Senior Advocate of Nigeria at an early age, the positive responses a I got pushed me to dig deep and discover more interesting facts about the Nigerian legal profession. In view of that, after carrying out some survey which was aimed at ascertaining how much our law students and the general public especially the younger generation know about the history of the legal profession. It was discovered that majority know little about what had happened in the past when it comes to the legal profession, some are not even aware of the existence of legendary lawyers both dead and living who had created a niche for themselves. It is important to know that this will be an avenue to start educating our law students, lawyer and law enthusiasts respectively on issues like this.

These works will be titled LAW HISTORY SERIES, it will be published at least once every month and it is imperative to know that this is another series which is powered by Lex Updates Publications led by Toheeb Mustapha Babalola.

The first ever edition of this series will be focused on unearthing the first individuals to be conferred with the prestigious Senior Advocates of Nigeria, their history, the historical events that trailed their careers and the interesting facts about them.

In Nigeria, the title was first conferred on April 3, 1975. The recipients were Chief F.R.A.Williams and Dr Nabo Graham-Douglas. One of the two first honorees of this title happened be a popular lawyer of blessed memory and the other was the Attorney General of the Federation during that time.

CHIEF FREDRICK ROTIMI ALADE WILLIAMS .

Popularly known as Timi The Law, Frederick Rotimi Alade Williams, QC, SAN who was born on the 16th of December 1920 was a prominent Nigerian lawyer who was the first Nigerian to become a Senior Advocate of Nigeria. Very few men become legends in their life time. Chief Frederick Rotimi Alade Williams, or  ‘Timi the law’ is one of such rare gems. An astute legal luminary and a gift to the law profession, this doyen of the Nigerian Bar who took to his father’s trade is one of the greatest lawyer Nigeria has ever seen His over five decades of meritorious service to his chosen vocation has remained indefatigable; and like the proverbial rock of Gibraltar, he stands like a colossus on the pedestal of law in Nigeria.

One interesting facts about him was that he was given a full scholarship to study engineering and despite being given a full scholarship to study mechanical engineering at Yaba Higher College.

He chose to become a lawyer. He earned his bachelor’s degree in 1942 and was called to the bar at the Gray’s Inn, London in 1943. FRA Williams was the first Nigerian to be conferred with the Queens counsel (QC) title, barely ten years after he was called to the Bar.

Chief  FRA Williams was not just a Legal Luminary, he was a pace setter. He set up the first indigenous Nigerian law firm in 1948 with Chief Remilekun Fani-Kayode and Chief Bode Thomas. The law firm was called“Thomas, Williams and Kayode”.

The year 1958 marked a turning point in FRA’s career. He made a grand entry in to politics and was appointed the first Attorney General and Minister of Justice of the Western Region. It was while on this beat that he got the appellation ‘the law’ from the late sage, Chief Obafemi Awolowo, who admired FRA’s assiduity. He served as a member of the Nigerian Council of Legal Education where he advocated that law students should be allowed to use law books in solving examination questions.

Imagine if that was implemented, it would have changed the legal education for better!!

His appointment into that council coincided with his election as first President of the Nigerian Bar Association (NBA). He served in that capacity for ten years (1958-68). He once served as legal counselor to the defunct Action Group (AG) under the late sage ,Chief Awolowo. He was at various times the acting Premier of the Western Region, and the secretary of the defunct Nigerian Youth Movement (NYM)

CONTROVERSIES

His career as a successful lawyer has not been without criticism. Some of the cases he had handled were as celebrated as they were controversial. The constitutional lawyer, whose brilliance places him among the first, holds the record of having the unequalled ability to take different positions in cases involving the same persons. For instance, ‘FRA’ once represented about nine supreme court judges in 1994 in pressing for 450 million naira as damages against Concord Press Limited, owned by the millionaire publisher Chief Moshood Kashimawo Abiola (MKO). As the suit dragged on, ‘Timi the law’ was reportedly sought out by Abiola’s family to handle the treason charges against their breadwinner and the acclaimed winner of the June 12 presidential election. The ‘out of court’ legal tussle that ensued between FRA and Chief G.O.K. Ajayi, another bright legal luminary over the authority of representation on that legal matter formed another chapter in the chronicles of law practice and procedure in Nigeria.

‘Timi the law’ was criticised for accepting to hold brief for the convicted erstwhile speaker of the Federal House of Representative, Alhaji Salisu Buhari. Though most legal practitioners argued in favour of FRA, this argument generated a lot of debate in the media. At the age of 80, FRA still appears in court to personally argue and defend cases on behalf of his clients. He is known for his short temper, especially if interrupted in the process of presenting his arguments. Standing at over six feet and with a bulky frame, ‘Timi the law’ during his lifetime has the distinction of being the only lawyer in the country who addresses the court without standing. The Egba legal giant is an accomplished, lucid, enormously effective advocate who remains a winner any day and whose reputation is as intimidating as his towering height and frame. It is a common saying in legal circles that the mere mention of FRA’s name alone can win cases. That says something about this legendary lawyer who remains the undisputed doyen of the bar, the best constitutional lawyer in Nigeria, and one of the best legal minds of our time.

He was the first to break the following records:

FIRST NIGERIAN TO BE AN ATTORNEY GENERAL.

FIRST NIGERIAN TO BECOME A SENIOR ADVOCATE OF NIGERIA.

FIRST NIGERIAN SOLICITOR TO THE SUPREME COURT OF NIGERIA.

Throughout his career, he was involved in some memorable and important court cases, such as Lakanmi vs the Western Government of Nigeria, which set the precedent that a military government could not use its power to make laws that will appropriate an individual’s property.

Luckily for him, he had children who followed his footsteps by becoming lawyers and his eldest son is a senior advocate of Nigeria which made them one of the most popular family dynasties in the legal profession.

Chief Rotimi Williams died on the 26th of March, 2005.

The second legal luminary who was conferred with the Senior Advocate of Nigeria title alongside F.RA Williams is none other than Dr. Nabo Graham Douglas.

  1. NABO DEKINBO GRAHAM DOUGLAS.

He was born in Rivers state and a member of the prominent Port Harcourt family.

As at the time of his conferment, he was the Attorney General of the Federation and also the Federal Commissioner Of Justice during that time. He is regarded as the most distinguished legal practitioner that RIVERS state has ever produced, the Abonema-born was also the attorney general of the eaatern region under the then eastern region.

His law library was touted to be the biggest in West Africa before it was destroyed during the civil war. His contribution to the legal profession and legal education was extraordinary.

He was known for his bravery as exhibited in his time as the attorney general of the then eastern region as he had so many disagreement with the then Military Governor, Ojukwu on some certain principles..

He was one of the most recalcirant of rivers officials on return of Ibo property- possibly due to the destruction of his home and law library during the civil war.

That will be all for the first edition of our “ LAW HISTORY SERIES”,we hope this will not just educate our readers but inspire them to be hardworking and work towards achieving greatness in their various field just like the above-mentioned heroes had already done.

REFERENCES:

  1. WIKIPEDIA
  2. ORG
  3. SCHOLARSHIP AND COMMITMENT: ESSAYS IN HONOUR OF G.G DARAH

AUTHOR

Toheeb Mustapha Babalola is a Pupil of law, Student of Faculty of Law, Bayero University Kano , Founder of  Lex Updates Publications and currently.the Deputy Director, North West DOPP, Law Students Association Of Nigeria (LAWSAN).

Thenigerialawyer

Requirements Of A Valid/Genuine Will

Daily Law Tips (Tip 608) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

REQUIREMENTS OF A VALID/GENUINE WILL.

Dead men don’t talk; however, their WILLS speak for them. A “WILL” contains the last wishes and intentions of a dead person towards new ownership and management of his property. Courts will often respect and uphold the intentions of the dead, where such intentions are written, clear, lawful and proven to have been willfully made by the dead. To avoid fraud, mistake and ambiguity, every WILL must be made in line with the law for it to be valid and accepted by the courts. Consequently, there are fixed requirements for a WILL to be valid/genuine. By the way, the person propounding (claiming/asserting) the existence of a WILL must prove its validity and thereafter, any person challenging the validity of such WILL must submit his contention/opposition.

Below are the requirements, as reiterated by the Supreme Court of Nigeria in 2020 and 2019 in the cases of DAWODU v. ISIKALU & ORS (2019) LPELR-46435(SC) and ANYA v. ANYA & ORS (2020) LPELR-49386(SC), respectively.

In the case of DAWODU v. ISIKALU & ORS (2019) LPELR-46435(SC), the court stated that:

1. “ I must stress that an overriding condition for the validity of a will is that it must be completely free from any suspicion or suspicious circumstances whatsoever and the Court, unless the suspicion or suspicious circumstances is removed, will pronounce against it and refuse probate. See Madam Olufunso Okelola V. Miss Adebisi Boyle (1998) LPELR-2439 (SC)”. Per MUSA DATTIJO MUHAMMAD, J.S.C ( Pp. 13-15, paras. F-B )
2. “No Will shall be valid unless: – (a). It is in writing. (b). It is signed by the testator or signed in his name by some other person in his presence and by his direction in such a place on the Will so that it is apparent on the face of the Will that the testator intended to give effect by the signature of the writing signed as his Will; (c) the testator makes or acknowledges the signature in the presence of at least two witnesses present at the same time. (d). the witnesses attest and subscribe the Will in the presence of the testator but no form of attestation or publication shall be necessary.” Per JOHN INYANG OKORO, J.S.C ( Pp. 17-19, paras. E-D)

In the case of ANYA v. ANYA & ORS (2020) LPELR-49386(SC), the court stated:
1. “… a person who desires to make a Will must satisfy the requirements of law for the Will to be valid, else it will be invalid”.
2. “The burden, however, for the proof of validity of a document (will), the genuineness or authenticity thereof lies on the person propounding it and once this is satisfied, the burden is cast upon those attacking it.”
3. “It is trite law that for a will or testamentary intention of a deceased person which ought to be respected, to be given effect to, there must be absolute compliance with the requirements of the Wills law”.
4. “ … the Will satisfied all the formal requirements of a valid Will; that there was cogent evidence that the testator, Chief O.U. Anya, had the mental and educational capacity to make a Will. There was also evidence that the deceased had no disability with his eyes and that 2 persons (Legal Practitioners) witnessed him append his signature to the Will before they subscribed to same”

My authorities are:

1. The judgment of the Supreme Court of Nigeria in the case of ANYA v. ANYA & ORS (2020) LPELR-49386(SC)
2. The judgment of the Supreme Court of Nigeria in the case of DAWODU v. ISIKALU & ORS (2019) LPELR-46435(SC).

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FIRS: Making Stamp Duty New Black Gold

By Muhammad Nami

This matter of making the Stamp Duty (and by implication tax revenue) the next black gold has occupied my mind even long before I was appointed the Executive Chairman of the Federal Inland Revenue Service. I have thought that given the way the Nigerian economy has been experiencing some difficulties due to unpredictable shocks in the competitive international oil market, it would be economically wise that the country begins to activate its latent tax potentials such as the stamp duty which has long been neglected.

For me, the key to Nigeria’s economic prosperity is the tax revenue driven by Stamp Duties in the face of dwindling oil revenue.

Although, the Stamp Duty Act has been in place since 1939, not much attention is paid to it. Yet, if properly harnessed and administered it can be a goose that will lay the golden egg for the Federal Government. My optimism stems from the fact that Stamp Duty has the potential to yield tax revenue in the region of trillions of naira per annum.

For instance, after we carried out an analysis of transactions in the banking sector, we discovered that in 2019 alone the total volume of transactions both chargeable and non-chargeable was over N52 billion of which the total value of transactions was over N613 trillion. If you compute N50 Stamp Duty on the chargeable transactions, of course, your guess is as good as mine.

Presently, feelers from certain quarters have it that if the records of stamp duties on chargeable transactions from the year 2000 to present were to be scrutinised it would be discovered that trillions of unremitted stamp duty revenue are realisable.

Thus, I feel excited when recently the President and Commander-in-chief of the Armed Forces of the Federal Republic of Nigeria, Muhammadu Buhari inaugurated the Inter-ministerial Committee on the Audit and Recovery of Back Year Stamp Duties. This is an important step towards diversifying the Nigerian economy.

It is obvious that oil revenue has contributed greatly to the various infrastructural developments so far achieved in the country. These developments are noticeable in all sectors of the economy, and they are too many to be accounted for in this short piece. Yet, despite this seeming developmental leap, Nigeria has progressively slid into an import dependent economy from its prime position as an export economy prior to the discovery of oil in 1958.

For me, therefore, it is reassuring that Stamp Duty is an enduring tax type that can withstand any economic shocks because of the varied instruments on which it can be charged. The table below highlights the various instruments on which the Stamp Duty is payable.

FIXED DUTY INSTRUMENTS – AD-VALOREM INSTRUMENTS

Power Of Attorney (PoA)- Deed of Assignment
Certificates of Occupancy (C of O) – Sales Agreement
Proxy forms – Legal Mortgage or Debentures
Appointment of Receiver – Tenancy or Lease Agreements
Memorandum of Understanding (MoU) – Insurance Policies
Joint Venture Agreements (JVA) – Contract Agreements
Guarantor’s form – Vending Agreement
Ordinary Agreements – Promissory Notes
Receipts – Charter-Party
Contract Notes

In addition to these instruments, any electronic receipt or electronic transfer, money deposited in any bank or with any banker or any type of account of an amount from N10,000 upwards shall attract a singular or one-off duty of the sum of N50. In the same way, Stamp Duty is payable on receipt (written, printed or in electronic form) for transactions or between corporate bodies or between a Corporate body and an individual, group or body of individuals, which value amounts to N10,000 and above.

This then is the hub of my optimism about making the Stamp Duty the next black gold for the Federal Government. Of course, this is not without its challenges. However, I am upbeat that my team and I are poised to scale the huddles, and to, as a matter of national interest and patriotic zeal, ensure that tax revenue, in deed, the Stamp Duty becomes the next black gold.

Nami, the Executive Chairman, Federal Inland Revenue Service, wrote from Abuja

Assessing The Jurisdiction Of Family Court Of Oyo State

By Olumide Toyinbo

Establishment

With the enactment of Child’s Rights Act 2003(Act No. 26 of 2003) by the Federal Government of Nigeria, most states of the Federation have passed versions of it as their state Laws. Three years after the enactment of the Act, Oyo state passed into Law its own Child Rights Law 2006. Though the law was passed in 2006, the Family Court which is a significant creation of the Law never got operational force until July 2020, needful to state that the Family Court is pivotal to comprehensive implementation of the Law.

Section 150 of the Oyo State Child’s Rights Law 2006 (hereinafter referred to as “The Law”) introduced and established the Family Court of Oyo State (hereinafter referred to as “FCO”). The section provides that the Court shall be for the purposes of hearing and determining matters relating to children. This gives the FCO a seeming of specialised court, as it focuses on one particular subject of law. Before the inauguration of FCO, regular courts settle cases pertaining to children.

Civil Jurisdiction of FCO

Section 152 of the Law captures the general civil jurisdiction of FCO thus:

(1) Subject to the provisions of this Law and in addition to such other jurisdiction as may be conferred on it by any other law, the Court shall have unlimited jurisdiction to hear and determine:-

  • any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim in respect of a child is in issue;”

From the provision, the FCO has unlimited jurisdiction to determine applications dealing with the enforcement of legal rights of a child granted under the Law and any other valid law. Also, any issue where liability that may be incurred by persons having parental responsibilities over the child, privileges to be enjoyed by the child, interests of the child and obligations owed to the child are raised may be determined by the Court. Examining Sections 150 and 152 of the Law, it is clear that any civil case involving a child may be brought before the Court.

Issues relating to adoption, custody, guardianship and maintenance of the child (whether during the subsistence of marriage or post-dissolution) are to be adjudicated upon by the FCO. The Court as well has jurisdiction to make orders including emergency protection order, guardianship order, financial compensation order, maintenance order care order, child assessment order, contribution order, education supervision order, orders as to custody and others as provided by the Law.

Criminal Jurisdiction of FCO

FCO, as provided in Section 152(1) (b) of the Law shall subject to the provision of the Law and other jurisdiction that may be conferred on it by any other law, the court shall have unlimited jurisdiction to hear and determine “any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by a child, against a child or against the interest of a child”. This implies clearly that any crime involving a child shall be tried by the FCO, regardless whether the child is the actor of the crime or a victim.

However, the position of the Law regarding the criminal jurisdiction of the Court is highly conflicting. It can be said that the same law that gives FCO the power to determine all criminal proceedings pertaining to the Child strips it off the power indirectly at the same time. Section 163(1) of the Law states- “no other Court, except the Court, shall exercise jurisdiction in matter relating to children as are specified in this Law”. Strangely, Subsection 2 of the Section provides that “the provisions of subsection (1) of this section shall not affect the jurisdiction of the normal criminal courts to try cases of offences by adult offenders as specified in Part III of this law and any other law.” Part III of the Law specifies offences that can be committed against the Child or his interest.

Ordinarily with the Law, in an instance where an adult defiles a child, the FCO has the jurisdiction, being a case involving the Child. Counsel may successfully raise Section 163 Subsection 2 of the Law to make sure the case is tried in the regular Court. Whether adequate provisions will be made for protection of the child as provided by the Law throughout the proceeding is not totally assuring. With such situation, one of the purposes for which FCO has been established and the Child Rights Law enacted has been technically defeated.

Levels of Operation

Section 151 of the Law provides for two levels of operation for FCO which include: the High Court level which is a division of the High Court and the Magistrate level which serves as a Magistrate Court. Both levels are distinguished by their jurisdictional capacities. The FCO has jurisdiction on two forms of matters. They include- (1) Matters relating to the enforcement of rights of the child and; (2) Matters brought in respect of the child other than enforcement of rights of the child.

High Court level of the FCO is granted the exclusive jurisdiction by Section 153(4) to deal with all matters relating to the enforcement of rights of the child as set out in the Law and also those seeking redress by a child alleging that a right has been, is being or is likely to be infringed in respect of him. In addition, the Court has exclusive jurisdiction to deal with offences punishable with death or terms of imprisonment for a term of ten years and above, also, matters relating to a child where the claim involves an amount of fifty thousand naira and above, divorce, custody of the child and appeals from the Court at the Magisterial level.

At the Magisterial level as vested by Section 154(4), the Court has power to try offences and deal with all matters not specifically assigned to the Court at the High Court level. This makes the jurisdiction of FCO at the Magisterial level expressly residual. Matters to be brought to Magisterial level of FCO can only be matters brought in respect of the child other than enforcement of the Child’s rights.

Constitution

Section 153(3) and Section 154(3) make provision in relation to the proper constitution of the High Court Level of FCO and Magisterial level respectively. The Family Court of the High Court level is duly constituted with a Judge and two assessors, one of whom shall be a woman and both has attributes of dealing with children and matters relating to children preferably in the area of child psychology education. The Magisterial level is properly constituted with a Magistrate and two assessors of the same qualification as that of the High Court level. Worthy to state that appointment of members of the FCO at all levels shall be done by the Chief Judge of the State.

Recommendations and Conclusion

The commissioning of the Family Court of Oyo State is a great step towards championing the cause of Child Rights advocacy in the State. Save only the conflicting provisions pertaining the criminal jurisdiction of the Court, cases involving the Child will be expeditiously determined. With the new development, more persons and bodies will rise to seek justice for the vulnerable or victimised children and processes will be expectedly done with greater force and alacrity unlike before.

For further effectiveness of the Court, the Chief Judge of the State as empowered by Section 162 of the Law may make rules regulating the procedure in the Court. Lagos State has the Family Court of Lagos State (Civil Procedure) Rules 2012 which regulate proceedings relating to the rights and welfare of the child. Great importance should also be attached to continuous training of personnel of the Court and even counsels, this will enhance the special competence they require to render excellent service towards seeking justice for the Child.

The location of FCO created is Ibadan and it is expected to serve the whole Oyo State. Cases in other parts of Oyo State will have to find their way to the Capital City which can pose inconvenience or discouragement on the part of the concerned. The judiciary can work on making the Court more accessible by bringing to force branches of FCO in other parts of Oyo State. The FCO is not an independent Court as it is not recognised by the Constitution of the Federal Republic of Nigeria 1999 (as amended), thus it remains a division of the High Court of the State.

Olumide Toyinbo, [email protected]

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