… says ex parte order is questionable

As Nigerians continue to express outrage over the removal of Lady Azuka Azinge as acting Registrar-General of the Corporate Affairs Commission (CAC), President of the Nigerian Bar Association (NBA), Mr. Paul Usoro, SAN has condemned the removal describing it as an abnormality.

Usoro in his New Year speech remarked that the process leading to the recent removal of Azuka Azinge is an abnormality that does not portend good for the security of tenure of our public officers.

“Economic growth can only be attained in an atmosphere of predictability and certainty. This new practice of tripping and removing our public officers through contrived CCT ex-parte orders corrodes confidence in the system,” he warned.

The NBA President also called on the government to respect the rule of law while noting that it was reassuring that “Omoyele Sowore and Sambo Dasuki were finally released from confinement by the DSS, after being detained for prolonged periods against the orders of courts” in the dying days of 2019.

Part of his speech reads:

“2019 marked the year that removal of public officers through nebulous and reprehensible ex-parte orders of the Code of Conduct Tribunal (“CCT”) gradually became the norm in our national life. It started with the removal of erstwhile Chief Justice of Nigeria, Honorable Mr. Justice Walter Onnoghen, GCON through a purported CCT ex-parte order in the first quarter of 2019 and, towards the end of the year, this abnormality was repeated with the removal from office of the Acting Registrar-General of the Corporate Affairs Commission, Lady Azuka Azinge through a questionable ex-parte order.

“This is one “innovation” in our national life that does not bode well for the security of tenure of our public officers. Economic growth can only be attained in an atmosphere of predictability and certainty. This new practice of tripping and removing our public officers through contrived CCT ex-parte orders corrodes confidence in the system. It not only assaults our collective sensibilities when CCT exparte orders are used to ease out public officers but erodes due process, a fundamental plank of the Rule of Law. This is as disingenuous as the other unacceptable practice of tarring public officers to provide purported justification for their removal. That practice has been extended to private sector professionals including legal practitioners with potentially deleterious impact on wealth-creation capabilities.

“2019 was the year that our courtroom was invaded by officials of the Department of State Security (“DSS”) in an attempt to re-arrest a defendant who had been granted bail by the court and was released by the Department only the previous day. This was a horrifying assault on the Rule of Law and the sacred sanctum of our courts and judicial processes. It is somewhat reassuring that, in the dying days of 2019 and at the instance of the Honorable Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, both Omoyele Sowore and Sambo Dasuki were finally released from confinement by the DSS, after being detained for prolonged periods against the orders of courts.

“It is our hope that, in 2020, we would build on this new resolve by Government and ensure that court orders are obeyed across board by our State officials and agencies.

“In 2019, our judicial officers and our courts continued to be disparaged, blackmailed and intimidated by State officials. Lawyers and the legal profession were not spared. Lawyers and retired judicial officers were prosecuted, hauled before law enforcement agencies and detained solely on account of their professional services to clients. Some lawyers were brutalized by law enforcement agents while carrying out their professional duties. Law was weaponized against lawyers and judicial officers and some of our judicial officers were kidnapped and assaulted by criminal elements, in an unabated assault on the Rule of Law and, in particular, the twin independence of the judiciary and the legal profession.

“These assaults not only erode the Rule of Law, they diminish us in the comity of nations and put our democracy and economic growth at risk. This endangers all of us in multiple ways. We demand that officials of State imbibe international best practices and join the NBA in protecting and promoting the Rule of Law through, amongst others, the preservation, fostering and protection of the independence of our judiciary, judicial officers and the independence of the legal profession.”

Also expressing concern over the speed at which the Federal Government replaced Lady Azinge, a legal practitioner O.G. Ogbom added his voice.

“I feel troubled, and I tremble whenever I read on social media how various security agencies and their minions spurn and treat the orders of certain courts with levity but recklessly or without delay, implements orders of Code of Conduct Tribunal that are in its favour, leaving the impression that since those other courts have neither the police nor guns nor the army to enforce whatever orders they make they could treat such orders with impunity.

“Recently, in his response to Femi Falana, SAN’s letter, the AGF, Malami, in his usual interpretation of our laws, has stated that the Executive arm enjoys certain rights, that these rights extend to rulings on bail and right to seek to vary terms of bail, among others, saying in any circumstance where this right is waived by the prosecution, it can only be for valid reasons, including compassion. The AGF did not state whether the right to appeal or to vary terms of bail automatically acts as a stay of execution or ‘stay of compassion.’

“Again, one wonders if the right to appeal which the FG interprets as a stay, is available only to the federal government or does not extend to the rulings or judgements of the Code of Conduct Tribunal?”

Ogbom further stated that: “Just recently, the Federal government in compliance with the exparte order of the code of conduct Tribunal, replaced the embattled Azuka Azinge with Saratu Shafii hours after the order was made without any recourse to her right of appeal as put forward by the AGF.

“The FG cannot continue to pick and choose, which favourable orders to obey or who to release on compassionate ground. It is troubling that the federal government invents all kind of reasons not based on any known law to justify a clear disdain for certain court orders.

“In GOVERNOR OF LAGOS STATE V. ODUMEGWU-OJUKWU (1986) 1 NWLR (Pt. 18) 621 at 633, the Supreme Court came down heavily, when Kayode Eso, JSC, stated unequivocally:

“I think it is a very serious matter for anyone to flout a positive order of Court ….. It is more serious when the act of flouting the order of Court, the contempt of Court, is by the Executive. …I think… for the Executive, which holds the physical powers, to put up itself in sabotage or deliberate contempt of the order is to stage an executive subversion of the Constitution it is to uphold.

“When we allow the very foundation of adjudication to be eroded with disdain then we should be ready to say goodbye to Rule of Law, Peace, and Orderliness and welcome to anarchy, and chaos, and the whole society suffers for it.

“The federal government should apply the same force it uses to enforce Code of Conduct Tribunal orders to other pending orders of court not in its favour without compassion.”

Some other schools of thought however insist that Federal Government has done no wrong by asking Azinge to step aside and face her trial after which she might be absolved and reinstated. This school of thought also posit that the appointment of Saratu Shafii is an indication that the present administration is not only gender sensitive but women friendly.

Shafii until her appointment approved by the federal government was the Director, Incorporated Trustee at the CAC.

In a statement released by the Media Unit of CAC, the appointment of Shaffi was approved by the Ministry of Trade and Industry, the supervising ministry of the Commission.

The statement signed by Mr. Moses Adaguusu, Head of Public Affairs of the commission, read in part:

“We wish to inform members of the public of the appointment of Hajiya Saratu Mama Shafii as the Acting Registrar-General,CAC. Her appointment was conveyed by a letter dated 30/12/2019 from the Federal Ministry of Industry, Trade and Investment, the supervising Ministry of CAC.”

The appointment of Hajiya Shafii comes a few days after the Code of Conduct Tribunal (CCT) ordered Azuka Azinge to step aside as acting Registrar-General of the commission over alleged false declaration of assets.

Justice Umar, it would be recalled, had ordered Azinge to step aside pending hearing and determination of a motion before the tribunal on alleged contravention of the CCT

The order had read that, “the defendant/respondent step aside as the Acting Registrar General of Corporate Affairs Commission over allegation of contravening the provisions of Code of Conduct Bureau and Tribunal Act CAP C1 LFN 2004 pending the hearing and determination of the Motion on Notice dated and filed on the 17th day of December 2019.

“That the Hon. Minister of Trade and Industry and the Chairman of the Board of Corporate Affairs Commission to take all necessary steps to appoint the next most Senior Director to take over as acting Registrar General Corporate Affairs Commissions pending the hearing and determination of the Motion on Notice, dated and filed on the 17th day of December 2019.”

The new acting registrar-general is a graduate of Law from the Ahmadu Bello University, Zaria and was called to the Nigerian Bar in 1985.

She started her working career with the Niger State Ministry of Justice from 1986 to 1991, and later joined CAC in 1992 as a Senior Litigation Officer and rose through the ranks to become a director in 2012.

The full New Year speech of the NBA President is provided below:

1. It gives me great pleasure to welcome all Nigerians to Year 2020 and to wish us all a most successful and prosperous Year ahead. It is my prayer and hope that 2020 will be kinder to us than 2019. We, nonetheless, have cause to thank the Almighty for the successes that we recorded, individually and as the Nigerian Bar Association (“NBA”), in 2019 and for keeping us alive and walking us through the perils and tribulations of 2019 into the New Year. A number of our colleagues and countrymen were not that fortunate or blessed; death snatched some of us away. We remember fondly and celebrate those our departed colleagues and countrymen even as we continue to condole and empathize with their families and loved ones.
2. Minor consolation it may be, but I need to mention that, in 2019, we resuscitated the NBA Group Life Insurance Scheme that was moribund at the time we came into office in August 2018. We have, through that Scheme, made some financial payments to the families of our departed colleagues who had paid their Bar Practice Fees as at 31 March 2019 to salve the pains and distress of the loss their loved ones. We would renew and sustain the Insurance Scheme in this New Year and therefore urge all our members to ensure that their Bar Practice Fees are paid by and preferably before 31 March 2020.
3. Year 2020 is a milestone year for Nigeria and the Nigerian Bar Association. It marks 60 years of Nigeria’s independence as a sovereign nation and it is apropos that we take stock, tell ourselves the truth, acknowledge our errors and misdirection even as we applaud the positives. 2020 provides us the opportunity to reposition ourselves for the greater good of our people and our beloved country. On a positive note, we have sustained our democracy, imperfect as it may be, and remained a united country albeit of diverse nationalities, religion, tongues and tribes. Our diversity, in truth, ought to be our strength if only our politicians and leaders will rise above parochial and selfish interests and resolve to weld us together as a united and indissoluble country where peace and justice can and will perpetually reign.
4.  As the NBA consistently points out, we cannot have a country where peace and justice reigns if we keep paying lip service to the Rule of Law. In 2019, Rule of Law in Nigeria was persistently assaulted and lay prostrate, thanks mostly to executive misbehaviors and high-handedness. 2019 marked the year that removal of public officers through nebulous and reprehensible ex-parte orders of the Code of Conduct Tribunal (“CCT”) gradually became the norm in our national life. It started with the removal of erstwhile Chief Justice of Nigeria, Honorable Mr. Justice Walter Onnoghen, GCON through a purported CCT ex-parte order in the first quarter of 2019 and, towards the end of the year, this abnormality was repeated with the removal from office of the Acting Registrar-General of the Corporate Affairs Commission, Lady Azuka Azinge through a questionable ex-parte order.
5. This is one “innovation” in our national life that does not bode well for the security of tenure of our public officers. Economic growth can only be attained in an atmosphere of predictability and certainty. This new practice of tripping and removing our public officers through contrived CCT ex-parte orders corrodes confidence in the system. It not only assaults our collective sensibilities when CCT exparte orders are used to ease out public officers but erodes due process, a fundamental plank of the Rule of Law. This is as disingenuous as the other unacceptable practice of tarring public officers to provide purported justification for their removal. That practice has been extended to private sector professionals including legal practitioners with potentially deleterious impact on wealth-creation capabilities.
6. 2019 was the year that our courtroom was invaded by officials of the Department of State Security (“DSS”) in an attempt to re-arrest a defendant who had been granted bail by the court and was released by the Department only the previous day. This was a horrifying assault on the Rule of Law and the sacred sanctum of our courts and judicial processes. It is somewhat reassuring that, in the dying days of 2019 and at the instance of the Honorable Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, both Omoyele Sowore and Sambo Dasuki were finally released from confinement by the DSS, after being detained for prolonged periods against the orders of courts. It is our hope that, in 2020, we would build on this new resolve by Government and ensure that court orders are obeyed across board by our State officials and agencies.
7. In 2019, our judicial officers and our courts continued to be disparaged, blackmailed and intimidated by State officials. Lawyers and the legal profession were not spared. Lawyers and retired judicial officers were prosecuted, hauled before law enforcement agencies and detained solely on account of their professional services to clients. Some lawyers were brutalized by law enforcement agents while carrying out their professional duties. Law was weaponized against lawyers and judicial officers and some of our judicial officers were kidnapped and assaulted by criminal elements, in an unabated assault on the Rule of Law and, in particular, the twin independence of the judiciary and the legal profession. These assaults not only erode the Rule of Law, they diminish us in the comity of nations and put our democracy and economic growth at risk. This endangers all of us in multiple ways. We demand that officials of State imbibe international best practices and join the NBA in protecting and promoting the Rule of Law through, amongst others, the preservation, fostering and protection of the independence of our judiciary, judicial officers and the independence of the legal profession.
8. 2019 was our National Election year, and, happily, the disputes that arose therefrom have been largely resolved by our courts but for a straggling few. With the settlement of these disputes by the courts, it is time for our politicians, particularly the winners of the 2019 Elections, to turn their attention from politics to governance and development. Nigerians voted in 2019 for improvements in their circumstances, not least, in their socio-economic circumstances. They voted for improved infrastructure in all its broad spectrum, to wit, power, transportation systems, pervasive potable water supply, quality health infrastructure etc.
9.  They voted for an improved quality of education, from the primary to the tertiary levels and they voted, most importantly, for security of lives and property. They voted for food security and for a diversified economy beyond our over- dependence on oil exports. They voted men and women who they expect will govern with the fear of God, in justice and with fairness, taking into account our diversity, amongst others, in tribes, tongues, religion and gender. In 2020, these dividends of democracy must be made manifest to our people. Our lives and circumstances must improve in 2020 in all respects. We must demonstrate to the world that 60 years of self-governance has been fruitful and have not been wasted. We must make 2020 the year that we join the league of developed economies and showcase our maturity as a 60-year old Nation.
10.  As Nigerians, our strength lies, amongst others, in our resilience and eternal optimism. No matter our circumstances and no matter the temptation, we must not lose those qualities even as we must persist in holding our governments to account. We must remind our leaders of the pledges that they made when they courted us in2019 for our votes.   We must demand for those rights that are guaranteed to us in our Constitution and in the social contract with our elected officials. We must harness the potentials of our teeming youth population – another of our core strength in building a strong and viable economy. In 2020, the Nigerian Bar Association will continue to speak for Nigerians. We will persist in holding governments to account, particularly as it relates to the promotion and protection of the Rule of Law and the delivery of democracy dividends to our people. We wish all Nigerians the very best of 2020 and pray for Divine Blessings, Guidance and Protection for all of us.
11.  Long live the Federal Republic of Nigeria.
12. Long live the Nigerian Bar Association.

Paul Usoro, SAN

President

…When women go zigzag, we (men) are the ones to control them – Hon. Kazaure

A Chieftain of the ruling All Progressives Congress (APC) and a member of the House of Representatives, Hon. Gudaji Muhammed Kazaure on the International Women’s Day 2018, stated on the floor of the House that: “giving women too much laissez-faire might lead to the eventual overthrow of men. It is good to give women opportunities, but not too much, if you give women the opportunity to take over this chamber, they will mess up, Mr. Speaker.”

A couple of weeks ago, Hon. Kazaure presented a motion for the suspension of Lady Azuka Azinge, Acting Registrar-General of the Corporate Affairs Commission (CAC), who is currently facing trial before the Code of Conduct Tribunal (CCT).

In an ex-parte ruling on Tuesday, December 24, Chairman, Code of Conduct Tribunal (CCT), Mr. Danladi Umar before whom Lady Azuka Azinge had been arraigned on an 11-count charge, ordered the Minister for Trade and Industry to appoint a replacement for her.

Though unconnected with Kazaure’s motion, the CCT in a statement signed by its spokesperson, Ibraheem Al-Hassan says Lady Azinge is to remain on suspension pending the conclusion of her trial on charges bordering on the breach of the code of conduct for public officers.

Prior to all the furore, Azinge who until a few days ago was Acting Registrar General, Corporate Affairs Commission (CAC), in one year moved CAC from 88th position to 1st Position on the Freedom of Information Compliance Ranking by Public and Private Development Centre.

Some of her achievements include:

Industrial Harmony and Increased Productivity

Payment of the 2013 nine percent salary arrears which arose from tripartite agreement executed between the Commission, the Union, and the Federal Ministry of Industry, Trade & Investment. This restored industrial harmony which led to increased productivity. Demand for payment of the 9% arrears led to incessant strike before she assumed office.

Digitalization of Pre-registration Services

Closure of manual operations from March 2018 and deployment of online pre-registration services in all the states of the Federation to enable customers register entities from the comfort of their houses or offices.

Re-engineered Operations

These include complete decentralization of state offices operations to enable customers pick up their certificate at any of the Commission offices nationwide; improvement of service delivery time for name search from 12 hours to 4 hours; and re-organization of departments, units and state offices for efficient service delivery. It also includes the introduction and maintenance of functional communication with internal and external publics by way of functional website and periodic circulars.

Improved Incentives for Investors

This was done by the removal of the requirement for proficiency certificate in the registration of professional based firms to encourage investors invest in such business and hire professionals to manage them.

Effective Implementation of the Presidential Executive Orders on Ease of Doing Business

Faithful implementation of the Presidential Executive Orders on Ease of Doing Business in conjunction with other stakeholders which ensured that Nigeria improved on the Global Competitive Index ranking by 39 places from 2017.

Improved Service Delivery System

These include deepened communication with customers and the general public through periodic customers’ forum, public sensitization, open market campaign and other forms of public engagement, as well as enhanced the Help desk to boost quality of service to customers and the general public.

The Commission also ensured consistent participation in the Micro, Small and Medium Enterprises (MSME) clinics under the office of the Vice President. Challenges of MSMEs are usually resolved on the spot at such clinics.

Similarly, CAC introduced Computer Based Test for the conduct of promotion examination for 2017 which ensured prompt release of results and transparency of process. It reviewed the publication of check lists, costs of services and other operational guidelines on the website to ensure transparency in operations and consolidated incorporation forms CAC 2, 3, 4 and 7 into One CAC 1.1 to make registration easier, faster and cheaper for customers.

Business Incentive Strategy

Successfully implemented the Business Incentive Strategy under which cost of registration of Business Names was reduced by 50% from N10, 000 to N5, 000 to encourage the formalization of informal business operating in the country. A total of 244,428 were registered in the nine months exercise.

Introduction of Sustainability Management Principle

This is in line with sustainable development agenda of Federal Government which requires organizations to be managed in the interest of all current stakeholders without compromising the needs of future generation. CAC also sustained Quality Management System (QMS) certification based on NIS ISO 9001: 2015 which ensures total quality management and continues improvement. For operational excellence to reposition the Commission, the maiden Management Retreat on Strategic Planning was conveyed.

Notwithstanding the above and many more innovations she brought to CAC, allegations have been made against her and Federal Government with speed that would have been most desirable in many ailing sectors of the country sent her on suspension.

In 2017 incidentally, Comrade Ibrahim Kirfi, Chairman, Amalgamated Union of Public Corporations, Civil Service, Technical and Recreational Services Employees at the CAC, Corporate Affairs Commission headquarters, Abuja made some weighty allegations against Mr. Bello Mahmud former Registrar General of the Commission during a surprise industrial action embarked upon by staff members of CAC. In the no-holds-barred interview with The Authority Newspaper, Kirfi alleged corrupt practices running into billions of naira with its attendant consequences on poor welfare package of members of staff that triggered the downing of tools on Monday July 17, 2017.

The union leadership accused the Bello Mahmud-led management of the CAC of wanton sharp practices and disregard for laid down government policies on monetisation and award of contracts in its daily activities at the commission.

Comrade Kirfi said CAC was bleeding badly from corrupt practices of the Chief Executive and other top management staff of the agency.

It would be recalled that business activities at the CAC were on Tuesday, July 18, 2017 grounded following the industrial action. The workers are protesting non-payment of allowances as well as poor welfare condition.

Kirfi in the interview disclosed that over 40 per cent of generated revenues by the commission is gulped by the management staff on luxury items including cars and household items, which he said was in blatant disregard for laid down monetization policy of the Federal Government.

He equally accused the Mr. Mahmud and his Special Assistant, Mr. AG. Abubakar of highhandedness and usurpation of schedules of other members of staff at the commission as well as contract sharing.   

“There are issues of serious corruption at the CAC. One, you can see this car park at the commission’s premises, they started building this car park at not more than N250 million at the initial sum to completion. But as it is now, over a billion naira has been sunk into the project because of contract variation. They refused to finish the project.

“I can also tell confidently that if you go to the commission’s Katsina State office, you would assess it to know if it is worth N300 million. If you go to Jigawa State, there is a plot of land that state government gave us free but to fence that land alone which is less than 1000 square metres, the commission’s management approved N16.5 million. Similarly, the commission spends billions of naira on ICT on annual basis, but you can confirm from the customers whether they are getting the kind of services that the management promised them.

“By policy, the commission is supposed to be remitting something to the Federal Government at the end of the year after doing all their activities. But they are not remitting any money to the FG; citing excuses of high staff cost, but more than 40 per cent of the staff cost is being consumed by the executive.

“There is a Federal Government circular on monetisation that is flagrantly disregarded by this commission. With the monetisation policy, all your entitlements are being subsumed into your salary structure. But as I am talking to you, they buy cars for themselves, fuel these cars and maintain these cars. They even use our drivers on weekends; they still enjoy DSTV subscriptions, recharge cards of N45, 000 on monthly basis, gas for their private homes, environmental sanitation (fumigation), and generator allowance. You would even wonder what they do with their salaries. And on weekly basis, they fill their local travelling allowance, while we (junior staffers) do everything from our salaries. Even if light bulbs go bad in their homes, it is the office that replaces the bulbs for the management staff.

“It is also pertinent to state that the commission’s management approves contracts beyond its approval limits, which is also another serious violation of the Federal Government’s policy on award of contracts. Every year, they approve N40 million for purchase of certificates. The approval limit of the commission is less than N5 million; any contract that is up to N20 million ought to go to Tenders Boards. But they award these contracts without recourse to the Tenders Board. While any contract up to N50 million has to obtain ministerial approval. And they also split contracts; which is a serious offence.”

Disputing the Union leader’s position, Mr. Mahmud said the allegations untrue positing that the commission’s inability to meet some of the workers’ demands was based on the difficulty his management encountered in securing approvals from the Salaries, Income and Wages Commission for some of the agreements it entered into with the workers.

On the issue of contract splitting and inflation, the former CAC boss who retired in October 2017 said “these are just mere allegations; our contracts go through due process. There are times when we need to advertise for contracts and we do that. There are situations whereby we need clearance, and we go ahead to the Public Procurement Bureau for the clearance, and we normally go for that clearance. There are situations that it is within my authority to approve; when it is less than N2.5 million, I approve. That is for supplies at the CAC. Any contract that is above N5 million, we go to tenders board and get approval. If it is above the limit of the tenders’ board, we go to the mother ministry for approval.

“And I can categorically say that we did not spend N1 billion on the car park as alleged by the CAC union. The records are there. We did not even spend near N1 billion. And we did not spend N300 million on the commission’s Katsina State office as alleged. The construction of the office didn’t take up to N40 million, including the fencing, the gatehouse and everything.”

Similarly, Mahmud debunked the allegation the commission’s management gulps over 40 per cent of the staff wage bill.

Top CAC officials who spoke under anonymity aver that Azinge since October 9, 2017 when she assumed office, fought, struggled and worked extremely hard to set the commission aright following the challenges she met when she became Acting Registrar General. They expressed concern that in spite of her tenacity to get things done, accolades from across the globe as well as from the presidency, all she worked for is about being rubbished.

Lady Azinge is one of the few to become Registrar-General of CAC, albeit in acting capacity, from the Southern part of Nigeria. Remarkably, the Federal Government for more than 2 years declined to upgrade her appointment to substantive Registrar-General.

Not long ago, the governor of Gombe State, Alhaji Muhammad Inuwa Yahaya  rather than confirm the Acting Chief Judge, Hon. Justice Beatrice Lazarus Iliya as the substantive Chief Judge, chose to appoint a junior male Judge as Chief Judge notwithstanding the fact that Justice Iliya is the most senior serving Judge of the State High Court.

What then is the fate of the Nigerian woman? Is there an undisclosed plot to frustrate hardworking educated women?

Gudaji Muhammed Kazaure while concluding his pitch stated thus: “When women go zigzag, we (men) are the ones to control them. That is why God says they should come under us. They should marry and serve under us. Women play a good role in our lives, they take care of our lives, they take care of our children, they cook for us and take care of every single thing for us.” 

Is this the lot of women in Nigeria?

Lady Azuka Azinge was arraigned before the tribunal on December 23, on an 11-count charge marked: CCT/ABJ/03/2019. She was accused of concealing her naira, euro and dollar domiciliary accounts in Access Bank Plc and Standard Chartered Bank.

Count one of the charges reads: “That you, Lady Azuka Obiageli Azinge, on or about 17th of July, 2017 whilst being a Director at Corporate Affairs Commission and thereby a public officer in the Service of the Federal Government of Nigeria, failed to submit a written declaration of your assets and liabilities four years after you declared your Assets in form CCB1 NO: CACOOO603 on the 17th July, 2013, you thereby contravened the provisions of paragraph 11 (1)(a) of the Fifth Schedule, Part 1 of the Constitution of the Federal Republic of Nigeria 1999 as altered and punishable under paragraph 18 (1) and (2) of the fifth schedule of the same Constitution.

Count two: “That you, Lady Azuka Obiageli Azinge, whilst being a Director and Serving as Acting Registrar-General at Corporate Affairs Commission and thereby a public officer in the Service of the Federal Government of Nigeria on or about 9th of April, 2019 did make a false declaration of your Assets in from CCB1 N0: CACO00713 by omitting and refusing to declare Domiciliary (US Dollar) AccOunt No: 0001586293 maintained with Standard Chartered Bank Nigeria (Ltd) which has been in operation since 6th of May, 2005 and you thereby commit an offence Contrary to Paragraph 11(2) of Fifth Schedule Part 1 to the Constitution of the Federal Republic of Nigeria 1999 as altered and punishable under paragraph 18 (1) and (2) of the fifth schedule of the same Constitution.”

She was also accused of receiving allowances she was not entitled to as an acting Registrar-General of the CAC.

She pleaded not guilty when the charges were read to her on December 23.

Though the tribunal adjourned till January 29, 2020, for commencement of trial, the prosecution, apparently eager to ease her out of office, approached the court for an ex-parte order.

A similar controversial order was what was used to remove the former chief justice of Nigeria, Walter Onnoghen

Ruling on the ex-parte motion suspending Mrs Azinge, the CCT ordered: “that defendant/respondent steps aside, as the Acting Registrar General of Corporate Affairs Commission, over allegation of contravening provision of Code of Conduct Bureau and Tribunal Act CAP C1 LFN 2004 pending the hearing and determination of Motion on notice dated on the 17th day of December 2019.

“That the Hon. Minister of Trade and Industry and the Chairman of the Board of Corporate Affairs Commission, is to appoint a replacement pending the hearing and the determination of the motion on notice, dated and filed on the 17th day of December 2019.

“That the matter is hereby adjourned to the 6th day of January 2020, for the hearing of the motion on notice, dated 17th day of December 2020, “the statement added.

… As Ekiti takes the lead in Nigeria

The Community Court of Justice, ECOWAS, has upheld the right of pregnant adolescent girls to education and to attend main stream schools.

The court in a landmark judgment held that the government policy which barred pregnant adolescent girls from mainstream/regular schools was as discriminatory as the establishment of irregular schools for them.

ECOWAS court insists the establishment of separate schools for pregnant teenage girls with a three day a week attendance and four taught subjects is discriminatory and impacts on the right to education.

Meanwhile, Ekiti State in southwest Nigeria has in November adopted a policy to ban the expulsion of girls from schools during and after pregnancy.

Although Nigeria’s Child Rights Act protects the rights of girls to education during and after pregnancy, many continue to face expulsion because there is a lack of awareness and no policies in place to ensure their continuation in school.

Ordering that the prohibitive policy in the Republic of Sierra Leone be immediately revoked, the court also directed the abolishment of separate schools established for the pregnant girls.

Likewise, it instructed that the said girls be absorbed in the main stream schools.

The three member panel of the Court had held that the Respondent (Sierra Leone ) is in breach of Articles 2, 3, 17(1), 18(3) & 25 of the Charter; Articles 28(1) of the Convention on the Rights of the Child; Articles 1 & 3 of the Convention against Discrimination in Education and ordered the country as follows:

1. To immediately revoke the prohibitive policy
2. To abolish the separate school established for the pregnant girls and absorb the said girls in the main stream schools
3. To develop strategies, programmes and nation-wide campaigns that will remove the negative societal attitudes that support the discrimination and bias against pregnant girls attending schools.
4. To integrate sexual and reproductive health education into school curricula to minimise the high rates of teenage pregnancy.

Women Against Violence & Exploitation (WAVES), a Non-Governmental Organization (NGO) registered under the laws of Sierra Leone (the Respondent State) with focus on women and girls’ rights brought an action before the ECOWAS Court against the Republic of Sierra Leone on behalf of Pregnant Adolescent School Girls alleging violation of their rights right to education and non-discrimination as provided for under Articles 2, 3, 17(1), 18(3) & 25 of the African Charter; Articles 1 & 3 of the Convention against Discrimination and Articles 28(1) of the Convention on the Rights of the Child.

The Applicant alleged that the Respondent’s Minister of Education, Science & Technology via a policy statement bared all pregnant adolescent girls from attending school when their pregnancies became visible in line with the said policy.

While they were prohibited from attending the main stream schools, as an alternative the Respondent State established other schools for pregnant girls where subjects offered are limited to only four (4) and operating three (3) days a week, essentially offering limited education. Furthermore all such students are accommodated in one classroom irrespective of age and academic progress.

The Respondent State while challenging the jurisdiction of the Court to entertain the matter on the basis that the Applicant has no locus standi to institute the action on behalf of anonymous victims of the alleged violation, also submitted that the Minister’s statement released without due recourse to the cabinet, which is the final decision making body of the Respondent State should not be attributed to it. However, it did not deny that these special schools are operative in the State.

Delivering the judgement of the Court, Hon Justice Dupe ATOKI who read judgement dismissed the Respondent’s objection with regards to jurisdiction and admitted the case.

The court explicitly held in line with its jurisprudence that “the law recognises the rights of individuals and corporate bodies who are not victims to bring an action in a representative capacity under the principle of action popularis…”Thus under this principle, NGOs and public spirited individuals are allowed to institute action on behalf of class of victims based on public interest in so far as the relief sought is not to the benefit of the Applicant.

The court equally held that, contrary to the submissions of the Respondent, the Minister’s statement is attributable and imputable to the Respondent State and same amounted to a ban on pregnant adolescent girls from attending school.

It further held that the ban is discriminatory and impacts negatively on the actualisation of the right to education of the pregnant girls, similarly the establishment of separate school for the pregnant adolescent girls with four (4) taught subjects operating three (3) days a week not being at par with the main stream schools thus providing lesser quality of education is equally discriminatory and a violation of the right to education.

… as Awomolo & Associates host Christmas Carol

As insecurity remains an ever present threat to peace and development of Nigeria, notable Senior Advocate of Nigeria Mr Jonathan B. Majiyagbe, SAN has restated the place of peace, reconciliation and unity to political, social, economic development in a nation.

Majiyagbe who was special guest of honour at the 20th anniversary Christmas Carol of Awomolo & Associates in Abuja at the weekend cautioned that without peace and stability, Nigeria will be unable to attain the heights desired by its founding fathers.

Calling on Nigerians to emulate the sterling qualities of Jesus Christ, guest speaker at event themed: ‘Jesus, the fulfilment’, Rev. Dr. Akindeji Falaki disclosed that through the Christmas story, God demonstrated to man his capacity and faithfulness to fulfil His Promise.

Thereafter, it was all celebratory as lawyers and administrative workers at the firm constituted themselves into a mass choir led by Asiwaju Adegboyega Awomolo, SAN and his wife Chief Mrs. Victoria Awomolo, SAN.

Plaques and awards were equally given to many deserving personalities.

The event was graced by several members of the legal profession, technocrats and many more.  

… the Constitution has failed the girl child! Says FIDA Abuja

As the 16 days campaign against gender based violence continues to heat up, teenagers and preteens in Abuja have been urged to speak out against rape and other violent behaviours.

Admonished never to assume the word ‘NO’ means another thing, they were re-orientated on the values of positively impacting their society.

Spurring students of Stella Maris International School, Abuja at their morning school assembly, Media & Teens Network (M&T) a not-for-profit organization geared towards values education and reorientation for young people in Nigeria drew attention to key provisions of the Violence Against Persons (Prohibition) (VAPP)Act, 2015 and its likely impact on violators.

Meanwhile, the International Federation of Women Lawyers (FIDA) Abuja has lampooned the Constitution positing that “the Supreme Law of Nigeria which should protect the girl child fails her.”

M&T in conjunction with Law & Society Magazine and FIDA Abuja encouraged the students to desist from violence and other anti-social conducts that could infringe on other persons rights, while charging them on the dangers of bullying, intimidation and forcing an action on someone against his or her will.

Leading the school children to resounding chants of “No means no!”, Co-ordinator of the organisation, Lillian Okenwa and some representatives of FIDA, Obianuju Peter and Sokoajirin Aleku tasked the students to maximise every opportunity to make a difference in their lives and their environment.

Okenwa who is also Editor in Chief of Law & Society Magazine donated copies of the magazine and VAPP Act, 2015 to the school.

Receiving the donation on behalf of the school, the School’s Vice Principal, Administration, Mrs. Njideka Ofoma expressed their immense appreciation.

The 2019 theme for the International Day of Elimination of Violence Against Women focuses on rape. This is given the high rate of rape cases reported all over affecting every category and ages of women and children.

According to UN Women, 35 percent of women worldwide have experienced physical and/or sexual violence in their lifetime while 11 percent of Nigerian women have experienced physical and /or sexual violence by an intimate partner in the last twelve months.

In view of the culture of silence, several cases of rape, defilement and violence go unreported. Stigmatisation of survivors, fear of intimidation and many more stand as a barrier.

This challenge according to the Chairperson of FIDA Abuja, Rachel Adejo-Andrew has become even more exacerbated when the Nigerian Constitution fails to protect young girls from all forms of sexual violence.

Speaking at Abuja during a press conference, Adejo-Andrew, noted that: “Section 29 (4) (b) of the 1999 Constitution of the Federal Republic of Nigeria as amended states that: any woman who is married shall be deemed to be of full age.

“This is recognition that a girl below the age of 18 years becomes a woman once she is married. This is unfortunate as the Supreme Law of Nigeria which should protect the girl child fails her and rather entrenches the trivializing of the place of women in Nigeria…

“We have received reports of rape of girls of two months old, three years old, 10 years old, 13 years old and 16 years old. This is not inclusive of adult women who have also been victims of rape who have come to us for help.”

She noted that the VAPP Act is a landmark legislation on the prohibition of all forms of violence against persons, especially the marginalised in Nigeria. “It is a great improvement on the Criminal and Penal Codes which are operational in Southern and Northern Nigeria respectively.”

The FIDA Abuja Chair further called for an overhaul and repeal of all laws that discriminate against women and girls adding: “there is no better place to start than by repealing Sections 29 (4) (b) of the 1999 Constitution of the Federal Republic of Nigeria as amended.

In all, FIDA Abuja made the following demands:

“The Federal Government should put in place necessary and appropriate mechanisms, facilities and processes to ensure safe spaces for victims and survivors of Gender Based Violence, particularly victims of rape.

“Quick proactive steps must be taken in the reform of our criminal justice system to ensure speedy investigation and prosecution of offenders.

“The different States of the Federation must fast track processes to adopt and implement the administration of Criminal justice act (ACJA) (2015) to ensure speedy dispensation of criminal trials…

“Rape is rooted in a complex set of patriarchal beliefs, power and control. This must stop.”

Despite protests by women groups and rights activists, Gombe state governor, Alhaji Muhammad Inuwa Yahaya has defiantly sworn in Hon. Justice Mu’azu Abdulkadir Pindiga as acting Chief Judge of the state.

The deed drew wide spread outrage as various placard bearing groups stormed the streets of Gombe in protest.

Hon. Justice Beatrice Lazarus Iliya, the most senior judge in the state, yesterday completed her statutory three months period as Acting Chief Judge. Instead of being confirmed as the substantive Chief Judge (CJ) of the State, the governor went against convention and swore in a junior judge who is male.

Governor Yahaya claims the appointment was based on the fact that Pindiga was the most senior judge in the state, describing him as reputable judge who deserved to occupy the exalted seat.

Earlier, Rhoda Tyoden, National President, International Federation of Women Lawyers (FIDA and Eliana Martins, National Publicity Secretary in a press statement described the governor’s action as a violation of women’s rights.

In March 2018, the National Judicial Council (NJC) recommended the compulsory retirement of Justice Obisike Oji of Abia State High Court who was appointed by Governor Okezie Ikpeazu to serve as Acting Chief Judge when the state House of Assembly suspended Justice Theresa Uzokwe.

Justice Obisike Oji was queried by the Council for allowing himself to be sworn-in as acting Chief Judge, thereby colluding in, and aiding an unconstitutional process.

Likewise, in June this year, governor Atiku Bagudu of Kebbi state sacked the acting chief judge of the state, Elizabeth Asabe Karatu instead of confirming her as CJ. He replaced her with a junior male judge, Justice Muhtar Imam Jega.

Karatu had written a petition to the NJC alleging that she was denied her rights to confirmation because she is a Christian.

FIDA suspecting that Yahaya had hatched a sinister plot quickly condemned the delay and non-confirmation of Justice Iliya as CJ but the governor had refused to be swayed.

The organisation described the action as unjust, particularly in this period when the whole world is raising awareness against Gender-Based Violence and Violence against Women.

Part of the statement reads:

“Hon. Justice Beatrice Lazarus Iliya, a noble lady is not due for retirement for another three years minimum period; and has served diligently.

“We therefore strongly object to the planned swearing in of a junior male judge as Chief Judge in her place for whatever reason.

“FIDA Nigeria views the act of swearing in a male judge who is junior to other female judges as the substantive Chief Judge as act of gender discrimination!!

“This is more painful as the UN 16 days activism against Gender Based Violence and Human Rights Violations is on-going.

“We therefore call on His Excellency, the Governor of Gombe State to do the right thing in compliance with the Law by swearing in the most senior Judge who has been effectively acting. This is the only action that can prove that His Excellency is not gender biased and upholds justice.

“FIDA Nigeria stands against all forms of discrimination and injustice.”

Hon. Justice Beatrice Lazarus Iliya’s travails first came to light sometime in August this year when it appeared she would be sidestepped as the former CJ’s retirement became imminent.

Nigerian women rose in unison and criticised the attempt.

The then CJ was to retire in about three weeks. Beatrice Iliya was the most senior but some controversy arose to the effect that she is from the same senatorial zone (Gombe South) with the retiring CJ.