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Police arraign whistleblower who blew the lid on multi-billion naira fraud in Lagos’ Kosofe Council, allege he is in possession of ‘classified documents’

A Magistrate Court in Lagos State has granted bail to Ganiyu Olamiji Oyebanjo, the Special Adviser, Boundary Matters, Kosofe Local Government.

SaharaReporters had reported how Oyebanjo was arrested by the Nigerian police for allegedly embarrassing and writing a petition against Moyosore Adedoyin Ogunlewe, the chairman of the council.

He was picked up by policemen from Zone 2 in Lagos on the order of the council boss around 9 pm on Tuesday.

The police on Thursday arraigned him before the court on the allegation of theft and having classified documents.

At the court session, Chief Magistrate Olanrewaju Olatunji granted Oyebanjo N5 million bail with two sureties.

One of the sureties must provide a C of O certificate while the other must have at least N5 million in his account.

“Before his arraignment today, he was taken home by the police for house search,” a source said.

Oyebanjo had petitioned the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over the alleged misappropriation of billions of naira by Ogunlewe and some supervisors in the council.

After the petition, the council boss and other officials were invited and grilled for several hours at ICPC office located at 10, Okotie Eboh, Ikoyi, Lagos.

Oyebanjo while speaking to SaharaReporters on Monday alleged the officials were involved in corruption, embezzlement, and contract inflation running into billions of naira.

“Yes, their invitation and subsequent interrogation for hours followed a petition I submitted to the anti-corruption agency on October 23, 2024 with copies of classified documents of the local government in my possession.

“I had in a petition titled: “PETITION AGAINST BARR. MOYOSORE ADEDOYIN OGUNLEWE, THE EXECUTIVE CHAIRMAN, KOSOFE LOCAL GOVERNMENT (AKA) THE WHITE LION AND OTHER LOCAL GOVERNMENT CO TRAVELLERS OVER CORRUPTION, CRIMINAL BREACH OF TRUST, UNLAWFUL ENRICHMENT, INFLATION OF CONTRACTS, MISAPPROPRIATION OF PUBLIC FUNDS, FORGERY, MANIPULATION, DISTORTION AND DOCTORING OF EXCO MINUTES, AND THREAT TO LIFE”, levelled allegation against the executive chairman of Kosofe Local Government for awarding contracts without following due process, illegal self-enrichment and acquiring multiple properties few years after becoming the chairman of the council.

“I urged the anti-graft Commission to demand from the Code of Conduct Bureau the Assets Declaration Forms, which the Chairman filled out before he became the Council Chairman and the Assets he has presently acquired.

“And as part of its investigation, the ICPC invited me to its Lagos office on February 25, 2025 where I was interrogated, wrote a statement and provided additional information.

“Two days after my visit to the ICPC Lagos office, Moyosore Ogunlewe and the Secretary to the Local Government, Fatai Gbadebo, were invited and quizzed by the ICPC over the corruption allegations.

“While I want to believe that the ICPC has not concluded its investigation into the allegation of corruption I levelled against the council chairman, the members of executive committee who to the best of knowledge had been invited by the ICPC to appear before it have, however, not honoured the invitation and are yet to be interrogated.

“The executive members are key witnesses in the malfeasance perpetrated by the council chairman and their interrogation by the ICPC will go a long away in giving it a clearer picture of the allegation.

“I, however, reliably gathered that the executive chairman, after returning from the ICPC office in Lagos, has been making frantic efforts to block the invitation of the executive members and council’s staff and also promised to give each of them a huge amount of money to give false accounts.”

EFCC’s Witnesses to testify virtually in charges against Emefiele on Naira redesign

A High Court of the Federal Capital Territory (FCT), Abuja has granted permission to the Economic and Financial Crimes Commission (EFCC) for its two additional witnesses to give evidence virtually in the charges against former Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele.

The two witnesses said to be in the United Kingdom were permitted by Justice Maryanne Anenih on Thursday to testify digitally, at a date to be fixed.

At Thursday’s proceedings, EFCC’s lead counsel, Mr Rotimi Oyedepo, SAN, had informed the court of his intention to call to additional witnesses that would testify in the trial of Emefiele and establish charges against him.

The senior lawyer, also stated that he had filed additional proof of evidence that would be placed before the court to substantiate the charges.

Emefiele’s lead counsel, Mr Olalekan Ojo, SAN, objected to the new move by the anti-graft agency to make the request informally arguing that FCT High Court, being a court of record, the EFCC ought to file a formal application stating clearly names of the two witnesses, what they intend to say in court and reasons for their preference to give evidence virtually.

Ojo’s attention was however drawn to the application for additional proof of evidence where the names of the two witnesses were mentioned and reasons for adoption of virtual evidence were given.

Justice Anenih subsequently granted the request permitting the anti-graft agency to conduct its trial of Emefiele in respect of the two witnesses virtually.

Also at the proceedings, a witness of the EFCC, Mr Chinedu Eneanya, who claimed to have participated in the investigation on allegations against Emefiele on the Naira redesign narrated how the complaint against Emefiele was referred to his team.

He said that in the course of investigation his team invited four Deputy Governors of the CBN, who served under Emefiele namely; Adesonubi Folasodun, Adamu Edward, Kingsley Obiora and Mrs Aisha Ahmed, who volunteered statements to the agency on their involvement in the Naira redesign.

The witness later identified and tendered the statements of the deputy governors made on different days.

He also tendered a statement obtained from one Ahmed Halilu, a former Managing Director of the Nigeria Security, Minting and Printing Company.

The extra judicial statements were admitted by Justice Anenih following no objections to that effect.

In his evidence, the witness told the court how on October 6, 2022, Emefiele authored a memo to former President Muhammadu Buhari seeking approval to redesign the Naira notes comprising N1,000; N500; N200 and N100.

In the 11 page memo, Eneanya said that specimen of the proposed redesign were attached and that Buhari gave immediate approval with a condition that production of the new notes must be done locally.

However, the witness said that other specimen were produced by the defendant on the grounds that the minting company could not cope with the production of the initial specimens within the time frame approved for the exercise.

He said that Emefiele and the Managing Director of Nigeria Security Minting and Printing Company, Mr Ahmed Halilu worked on the presidential approval and opted for colour- swapping as the only visible alternative to deliver within the timeframe.

Besides, the witness also claimed that a United Kingdom based company; De La Rue was involved in the colour redesign and got paid to the tune of £205,000 for the consultancy services.

Answering a question from EFCC’s lawyer, the witness alleged that Emefiele breached presidential directive by departing from the originally approved colour and for allegedly involving a foreign company in the production of the redesign.

Meanwhile, the matter has been adjourned to April 29, for continuation of the evidence of the witness.

Delta PPRO says police have right to check women’s belongings

The spokesperson for the Delta State Police Command, SP Bright Edafe, has defended the actions of officers who conducted a thorough search of passengers’ belongings at a police checkpoint during a road trip from Benin to Owerri.

The incident in question involved a lady who shared her experience in a viral video posted on Wednesday, showing officers searching boxes, luggage, and sealed waybill packages belonging to passengers, including mothers and children.

The travellers were reportedly delayed for an hour due to the extensive search, according to her.

Responding to concerns raised about the search in a post via X on Thursday, Edafe stated that the police were within their rights to inspect all items, including waybills, during stop-and-search operations.

He emphasised that such searches were necessary for security reasons and questioned whether the same scrutiny would be applied if dangerous weapons had been discovered.

“What if they had recovered Beretta pistols and ammunition while carrying out this thorough search? Would you be asking this question?” Edafe said.

He clarified that while male officers are not allowed to physically search a woman’s body, they have the authority to inspect her belongings.

“The police were right and can search all items, including waybills, during the course of stop-and-search duty. And yes, they can search the belongings of a woman. They are only not allowed to search a woman physically if they are male officers, but not their properties. Are we clear?” he added.

Alleged Age Falsification: Rivers Assembly tells DSS to Probe Chief Judge

The Rivers State House of Assembly has called on the Department of State Services (DSS) to investigate the Chief Judge of the State, Justice Simeon Amadi, for alleged age falsification.

The House reached the resolution on Thursday at its plenary following the presentation of some documents to the Speaker, Rt. Hon. Martins Amaewhule, by the leader of the House, Hon. Major Jack.

During the sitting, which was held at the House of Assembly Quarters in Port Harcourt, the Deputy Speaker, Hon Dumle Maol, raised an allegation of age falsification against Amadi

Maol said: “These documents before me simply say that the Chief Judge of the State, Justice Simeon Amadi falsified his age in service. Mr Speaker, that is a very serious allegation, and I do hope that this House takes legislative notice.”

The House debated on it and resolved to write a letter to the State’s Director of the DSS to do its investigation and revert to the House on their findings.

In his remarks, Speaker Amaewhule said, “The documents are only suggesting a case of age falsification by the honourable Chief Judge of the state, Simeon Amadi. What it means is that there has to be an investigation to that effect.”

The matter was put to a voice vote and it House agreed to write the DSS to investigate the age falsification allegation against the State’s Chief Judge.

Akpoti-Uduaghan: When Senate Acts Illegally

By Onikepo Braithwaite

It is indeed, rather unfortunate that aside from the fact that Nigeria is nowhere near the 35% female participation in governance, in the last few days, three women in top positions, Senator Natasha Akpoti; former Speaker of the Lagos State House of Assembly, Rt. Hon. Mojisola Lasbat Meranda and Mrs Folake Soetan, the CEO of the Ikeja Electricity Distribution Company have been treated so harshly, bordering on a breach of their fundamental human rights. This is how Nigeria chooses to celebrate her own International Women’s Day 2025 – by degrading women. Shame, shame, shame! 

In the Senate, the female representation is less than 4%, while the House of Representatives has only 17 female members out of 360, that is, a little under 5%. Only 5 African countries have crossed the 40% mark of female Legislators – Rwanda leading with 61%, and Ethiopia in fifth place with about 41%. Nigeria has performed extra poorly, in this regard.

Rt Hon. Meranda

Rt Hon.Meranda was forced out of office in a way that is absolutely antithetical to democracy, because some powers that be preferred to have a leader of the Assembly who is obviously not wanted by majority of the members of that House, and whose cup is overflowing with serious allegations of gross misconduct, including financial impropriety. The fact that Rt Hon. Meranda isn’t just an indigene of Lagos, but would probably be the only female Speaker of any Legislature in Nigeria, wasn’t enough to sway the powers that be, and jolt them into realising that Nigeria is lagging far behind when it comes to affirmative action in relation to the female gender in the Legislature. 

Violent Attack by the Air Force on Mrs Folake Soetan

In the case of Mrs Soetan, she and her staff were brutalised and terrorised – subjected by the Air Force who invaded their offices, to torture, inhumane and degrading treatment contrary to Section 34(1)(a) of of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), and for doing their jobs too! Are we in a Police State? It certainly appears as if we are in a Hobbesian state of nature, that is, a state of lawlessness and chaos. The Air Force Officers who ordered and perpetrated these dastardly acts, should be punished accordingly.

Allegations of Sexual Harassment 

One cannot condemn sexual harassment enough. It is contrary to Section 34(1) of the Constitution, that is, lack of respect for the dignity of a person. It is  unfortunate that many women are subjected to this kind of nonsense, and have to keep silent for fear of reprisals and retribution. I believe that men who engage in sexual harassment of women simply lack the confidence, charm, charisma and wherewithal to woo a woman, and instead misuse their positions of authority to get their way.

Senator Akpoti accused SP Akpabio of ‘Quid Pro Quo’ and Verbal Harassment, the former being “if you agree to my sexual request, I will give you cushy positions and opportunities on the job (whether you deserve it or not)”, and the latter, unwelcome comments of a sexual nature. While I am not in the position to comment on the veracity of Senator Akpoti’s allegations against SP Akpabio as there are not enough facts available to do so, I had expected that by now, Senator Akpoti would have provided proof to buttress her claims; but up till now, the public has heard nothing and it still remains her allegation against SP Akpabio’s denial – nothing more. By now, as in the case of the former Dean of Law, University of Calabar, Professor Cyril Ndifon, the Distinguished Senator should have drowned the environment with proof against SP Akpabio, particularly in the face of the ongoing controversy. 

Proof of Sexual Harassment and Prosecution 

In Lagos, sexual harassment is felony that attracts 3 years imprisonment upon conviction by virtue of Section 264 of the Criminal Law of Lagos State 2011 which also defines the offence. Section 46 of the Violence Against Persons Prohibition Act 2015 which is applicable only in Abuja, FCT also provides for sexual harassment and sexual intimidation, just like the Ekiti State Gender Based Violence (Prohibition) Law 2019 and Section 262(2) of the Kaduna State Penal Code Law 2017 which prescribes imprisonment of not less than 3 years or a N100,000 fine or both upon conviction for the offence of sexual harassment. Also see Order 14 National Industrial Court Rules.

The fact that sexual harassment is a criminal offence, shows that it has judicial remedy (imprisonment and fine). Unfortunately, I was unable to find a copy of the 2023 Senate Standing Orders, and have to cite that of 2015. By virtue of Order 41(7) of the Senate Standing Orders 2015 As Amended (2015 SSO), the Senate cannot receive a petition on any matter for which there is a judicial remedy. Therefore, if Senator Akpoti presented a petition alleging sexual harassment against SP Akpabio to the Senate Committee on Ethics, Privileges & Public Petition, it is the wrong venue. It is a matter for a court of competent jurisdiction to adjudicate upon. 

In order for the Prosecution to discharge the burden of proof in an allegation of sexual harassment, they must prove among other things that: 1) the conduct of the Defendant was targeted against their gender; 2) the conduct was serious; 3) the conduct was unwelcome, tenacious, even frightening; 4) the Defendant is the perpetrator, and identify the position they hold to be able to effect the harassment against them. Evidence to prove the allegation would include texts and messages containing the unwelcome sexual advances, videos, audio recordings and photos; testimonies of those whom the victim may have confided in about the harassment, or those who may have actually witnessed the harassment; testimony of the victim and other victims who may have experienced the same kind of harassment from the Defendant. So far, the public is yet to be provided with anything that discharges this  burden of proof, or any evidence in Senator Akpoti/SP Akpabio’s case. 

Illegality of the Suspension of Senator Akpoti

It didn’t start today – that the Nigerian Senate punishes members harshly for daring to publicly dissent, or make public utterances that they perceive to expose them, or bring them into ridicule in the public eye, whether true or not. This isn’t gender-related. Roughly one year ago, I wrote about the suspension of Senator Abdul Ningi; before that, it was about the suspension of Senator Ali Ndume and before that, the suspension of Senator Omo Agege. I have become like a broken record, tautologous, making the same submissions on the same issue, because the various Senate leaderships continue to go down the wrong road when it comes to this suspension issue.

Senator Akpoti didn’t  exercise her right to fair hearing, on the allegations of misconduct, disregard for the Senate Rules and gross indiscipline on her part, which is a breach of Section 36(1) of the Constitution. In Kotoye v CBN & Ors (1989) LPELR-1707(SC) per Philip Nnaemeka Agu, JSC, the Supreme Court held that ”Fair hearing anticipated by the Constitution implies that every reasonable and fair minded observer who watches the proceedings, should be able to come to the conclusion that the court or other tribunal has been fair to all parties concerned”. Nigerians are unable to come to this conclusion about the Senate in this matter, as the two pillars of fair hearing, audi alteram partem (both sides must be heard) and nemo judex in causa sua (you cannot be a judge in your own case), were jettisoned.

The news that the Senate Committee on Ethics, Privileges & Public Petition, which already appeared biased against Senator Akpoti, purporting to suspend her for a period of six months for gross indiscipline and misconduct during the plenary session of February 20, in spite of the plethora of authorities that have declared such punishment of suspension from office, illegal and unconstitutional, certainly came as no surprise to anybody. Is the Senate superior to the Constitution? No! See Section 1(1) of the Constitution on its supremacy and bindingness on all persons and authorities in Nigeria, obviously including the Senate. Any law or SSO that permits an unconstitutional act, is null and void to the extent of its inconsistency with the Constitution. It’s as simple as ABC. 

And, that’s why I stated on this page last week thus: “Let them bear in mind that, even though Section 60 of the Constitution allows the National Assembly to regulate their own procedures, they are subject to the Constitution; they shouldn’t forget that the Constitution provides that every constituency must be represented at the various legislative levels, and it would amount to discrimination against any constituency to suspend their representative and deny them legislative representation at whatever level their representative has been suspended – see Section 42(1)(a) of the Constitution and the unreported case of Dino Melaye & 4 Ors v The Speaker of the House of Representatives & Ors FHC/ABJ/CS/460/2010”. In that case, Dino Melaye and others were suspended for a legislative session of one year, for disrupting proceedings and unruly behaviour in the House of Representatives. The court held that their suspension for such a period of time was illegal and unconstitutional, on the ground that the Standing Orders of the House only allowed suspension for 14 days. In Ali Ndume v Senate President & Anor 2018, the court declared Senator Ndume’s suspension from the Senate for six months illegal and unconstitutional. Similarly, in Speaker, Bauchi State House of Assembly v Rifikatu Samson Danna (2017) 49 W.R.N. where the Respondent was suspended from the Bauchi House of Assembly indefinitely, the Court of Appeal held that the Respondent not being an employee of the House, could neither be suspended, nor the salaries and allowances withheld. Also see Section 79 of the Constitution. Interestingly, the Court of Appeal further held that, any member of the Respondent’s constituency could have challenged their representative’s indefinite suspension, on the ground that their accrued rights had been violated or breached by the Appellant. The court further described the actions of the Bauchi House in suspending the member and withholding of salaries, as “the tyranny of the majority against an elected minority of the Bauchi State House of Assembly”. This appears to apply to Senator Akpoti too.

Hon. Femi Gbajabiamila’s 2016 Comments on Suspension from the Legislature 

In 2016, I had read a news report in Daily Post (October 5, 2016 to be precise) in which Hon. Femi Gbajabiamila, as the Majority Leader of the House of Representatives, declared as unconstitutional the suspension of Hon. Abdulmumin Jibrin for one year, after he made an allegation that the budget was padded. Hon. Gbajabiamila had stated thus: “I find it difficult as a Constitutional Lawyer, to accept that our rules can actually pass constitutional muster, if put to test. If you suspend a member for a year, you are effectively suspending his constituency and the people he represents, from participation in participatory democracy….For every constituency, it is a right to be represented in the National Assembly, not a privilege that can be taken away…..If, for instance, an issue comes up in a member’s constituency, that requires Federal attention or legislative address, who do they go to? We cannot take away a mandate, given by the people or short change a constituency. In law, the seat of a representative is held in trust for the constituency”. As far back as 2016, Hon. Gbajabiamila had hit the nail firmly on the head! This position cannot be faulted. 

Senate Standing Orders

Senator Akpoti’s behaviour on February 20, 2025, the day she refused to take her seat, even though it may have been contrary to Orders 6.1 & 6.2 of the Senate Standing Orders 2023 As Amended (2023 SSO), shouldn’t have attracted a punishment of more than sending her home for the rest of that Legislative day (see Order 67(4) of the 2015 SSO). Order 67(4) of the 2015 SSO also allowed for a maximum 14 day suspension after naming, while Order 67(8) allowed for the suspension of a Senator for a period of time to be determined by the Senate. These Standing Orders, if they are the ones replicated in the 2023 SSO, are unconstitutional, and cannot stand in the face of Section 1(1) & (3) of the Constitution – they are void to the extent of their inconsistency. Also see Chapters VIII & IX of the 2015 SSO Behaviour of Senators in the Senate & Order, and the Legislative Houses (Powers and Privileges) Act 2018. 

The suspension Senator Akpoti for 6 months will deny her constituents representation in the Senate for that period of time, and this amounts to denying them their right to participate in government, also breaching their right to freedom from discrimination contrary to Sections 14(2)(c) & 42(1)(a) of the Constitution.

Conclusion 

I found it rather bizarre that the Senate Committee also instructed that Senator Akpoti refrain from parading herself as a Senator of the Federal Republic of Nigeria, during the period of her unlawful suspension. On which authority? Coming from the highest lawmaking body in the land, such a statement is discreditable, as it shows a lack of understanding of the Constitution. Senator Akpoti was duly elected by her constituents and not her colleagues in the Senate. She can be recalled by her constituents, by the procedure set out in Section 69 of the Constitution; the Senate has no authority to give such an instruction regarding her status as a Senator. This isn’t USA where Congress can expel a member, with the concurrence of two-thirds of that House. See Article 1 Section 5 Clause 2 of the US Constitution. 

In the UK, there is an independent Panel, not constituted by Members of Parliament (MP) to look into complaints bordering on bullying, harassment or sexual misconduct by MPs. When an MP is suspended for 14 calendar days, the UK Recall of MP’s Act 2015 has a triggering provision, allowing a by-election subsequent upon a Recall Petition to replace such an erring member. Like the UK, having an independent panel of investigation constituted by non-Legislators to look into petitions raised against National Assembly members, would certainly take care of the issue of audi alteram partem and nemo judex in causa sua.

Lest I forget, the other side of the argument is that, though he hasn’t been charged with any criminal offence, SP Akpabio is entitled to a presumption of innocence until proven guilty (Section 36(5) of the Constitution) and enjoys the fundamental rights that the Constitution guarantees all Nigerians. He may even be able to seek redress for defamation of character, should Senator Akpoti be unable to provide evidence to support her claim.

For now, there’s not much to celebrate about International Women’s Day in Nigeria. The country appears to be regressing, as far as women’s rights and participation in governance are concerned. 

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Happy Belated International Women’s Day! 

Sexual Harassment: A Hydra-Headed Malaise

As we celebrate International Women’s Day 2025, it is apposite to examine Sexual Harassment, an evil that mostly women have been subjected to from time immemorial. It had hitherto been an unpleasant societal feature in Nigeria, but recent statistics have shown that it is on the rise, and now more pervasive in almost every strata of the society. Ugly incidents in secondary and tertiary educational institutions, work places, especially in high paying organisations, have also had their fair share of this malaise. Now, it does appear as if it has crept into the political stratum of our society. What are the causes? How endemic has it become? What is the panacea? Boma Alabi, SAN, Adesegun Talabi and Mandy Demechi-Asagba take a deep look at the issue, and suggest ways sexual harassment can be curtailed, including how to face the legal challenge of being difficult to prove

Sexual Harassment: The Growing Scourge in Nigeria

Boma Alabi, SAN

Sexual harassment in the work place is very common in Nigeria, and we cannot pretend it is not the case. I actually developed a strategy paper for young female colleagues titled “Potholes on the Road to the Top”. Why the title, you might ask? It is simply because sexual harassment in the workplace, is as ubiquitous as the Potholes on our roads. Women rather unfairly, have to learn to navigate the pothole of sexual harassment in the workplace, avoid the predators, whilst still maintaining the course and completing their career journey.

Speaking specifically on the Senator Natasha issue, I was saddened by the spectacle in the Senate. The first principle of fair hearing and justice is captured in the Latin phrase, “audi alteram partem”. No man or woman should be condemned, unheard. Secondly, the sanction did not take into consideration the right of her constituents to representation. How do you render an entire constituency voiceless and unrepresented, for six months?

Mrs Boma Alabi, SAN, former President, Commonwealth Lawyers Association; current Chair of Nigerian Bar Association’s Section on Legal Practice

How Not to Sexually Harass: A Look at Nigeria’s Legal and Social Framework

Adesegun Talabi

Nothing has dominated the headlines in recent weeks, than the imbroglio surrounding allegations of sexual harassment levelled by Kogi Central Senator, Natasha Akpoti-Uduaghan, against the Senate President, Godswill Akpabio. The dispute has escalated rapidly since its inception, culminating most recently with the dismissal of the petition presented by the Kogi Senator, and her subsequent suspension from the Senate for six months. The matter has drawn widespread commentary on the veracity of her claims, and the appropriateness of her decision to make them public during a live television broadcast. Notably, Akpoti-Uduaghan has received little support from her colleagues, including female Senators, some of whom have openly criticised her.

This article does not seek to determine the veracity of the Senator’s claims. Rather, it aims to examine how Nigerian laws address sexual harassment and protect men, women, and children from such inappropriate and unwarranted conduct. It is imperative to acknowledge that sexual harassment transcends gender, affecting both men and women, and addressing it demands a nuanced and impartial approach.

Legal Framework Governing Sexual Harassment in Nigeria

Nigeria has several laws, that address sexual harassment. While it may be argued that the constitutional guarantee of respect for personal dignity under Section 34 of the 1999 Constitution implicitly includes freedom from all forms of harassment, more explicit provisions on sexual harassment can be found in the Violence Against Persons (Prohibition) Act (VAPP) of 2015. The Act defines sexual harassment as:

“Unwanted conduct of a sexual nature or other conduct based on sex or gender which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment. This may include physical, verbal, or non-verbal conduct”.

 This definition is relatively broad, encompassing various forms of harassment, including gestures, words, and actions. However, one may question whether it is sufficiently comprehensive. For example, it does not explicitly address quid pro quo harassment, where benefits such as promotions, employment opportunities, or academic grades are contingent upon the submission to sexual advances. The absence of a clear provision on this specific aspect, leaves room for ambiguity in its application.

The law permits individuals who have experienced sexual violence, to seek protective orders against their alleged perpetrators. These protective orders may prohibit the alleged offender from entering the complainant’s workplace or residence, and from engaging in any further acts of domestic violence against them. However, these legal remedies are primarily designed to protect victims of domestic violence, and may not be accessible to individuals who have experienced sexual harassment but do not share a domestic residence with the alleged offender.

Sexual Harassment in the Workplace

A particularly concerning issue, is workplace sexual harassment. Surprisingly, the Labour Act of 2004, which is the principal legislation governing employment relations in Nigeria, is silent on the subject. As a result, victims of workplace harassment must rely on the VAPP Act for legal redress. However, some clarity can be found in the National Industrial Court Rules. Under Order 14, workplace sexual harassment is categorised into four broad types:

Physical Harassment: Unwanted touching or any form of physical contact.

Verbal Harassment: Innuendos, suggestive remarks, explicit jokes, or unwelcome sexual advances.

Non-verbal Harassment: Indecent exposure, inappropriate gestures, or the display of sexually explicit materials.

Quid Pro Quo Harassment: The coercion of employees into engaging in sexual acts in exchange for professional benefits such as promotions, salary increases, or job retention.

This broad classification offers a more nuanced understanding of sexual harassment, particularly in the workplace. Comparatively, jurisdictions such as the United States and the United Kingdom have well-defined sexual harassment laws that explicitly address workplace misconduct, ensuring clear protections and remedies for victims. In Nigeria, the lack of a dedicated workplace sexual harassment law, underscores the need for urgent legislative reforms to bridge these gaps.

Sector-Specific Gaps in Nigerian Law

Beyond the workplace, there are no sector-specific laws addressing sexual harassment in other spheres, such as educational institutions or public spaces. Since 2016, the National Assembly has been considering a Bill to prohibit sexual harassment of students by educators in tertiary institutions. The Bill, while commendable, is limited in scope as it does not extend to secondary schools, where students are also vulnerable to harassment. Additionally, it fails to acknowledge that sexual harassment can be perpetrated by students against their educators. Any legal framework that seeks to regulate interactions between two groups must be balanced, ensuring that protections are extended to all parties involved.

The Bill does, however, propose strict penalties and authorises both institutional and State-level disciplinary measures against offenders. If passed, it would represent a significant step towards institutional accountability, even though its limited scope remains a concern.

 Addressing False Allegations and Retaliatory Actions

The case involving the Senate President and Senator Akpoti-Uduaghan raises critical legal and ethical questions, about the handling of sexual harassment allegations. While Akpabio has denied the allegations and enjoys strong support from his colleagues, a pertinent issue remains unaddressed: what legal consequences exist for individuals found to have made false accusations? Sexual harassment allegations, even if unfounded, can nonetheless have devastating repercussions on the accused, including reputational damage, career derailment, and social ostracisation. There have been cases where individuals were exonerated after being falsely accused, yet Nigerian law lacks clear provisions for penalties against the accuser in such instances. Worse still, there is no provision for compensation for the victim of such false allegations.

Similarly, there is little legal protection for accusers who face retaliation, after coming forward. In Akpoti-Uduaghan’s case, she has been met with hostility, ridicule, and professional isolation – not to mention being suspended from work. Keep in mind that there is nothing at this point that indicates that her allegations are false and yet, she is already at the receiving end of a relentless backlash. This serves as a stark reminder of the societal and institutional challenges, that discourage victims from speaking out. To encourage victims to report sexual harassment without fear, there must be legal mechanisms that safeguard whistleblowers from retribution.

 The Role of Employers in Preventing Sexual Harassment

Given the gaps in existing laws, employers have a crucial role to play in establishing clear policies to combat workplace sexual harassment. Organisations such as religious houses, social groups etc., should implement strict anti-harassment policies, establish confidential reporting channels, and conduct regular training programmes to educate members and employees on appropriate workplace behaviour. Additionally, independent oversight bodies should be established to handle harassment complaints impartially, ensuring that neither victims nor accused individuals are unjustly penalised.

The Future of the Akpoti-Uduaghan and Akpabio Case

As the controversy surrounding the Senate President and the Kogi Central Senator continues to unfold, the outcome will likely be determined more by political manoeuvring than by legal scrutiny. Given the Senate’s apparent solidarity with Akpabio, it is unlikely that Akpoti-Uduaghan’s allegations will be given serious consideration within the legislative body. Her suspension underscores the entrenched power dynamics at play, and raises concerns about the effectiveness of Nigeria’s legal system in handling high-profile cases of sexual harassment.

Ultimately, Nigeria must do more to strengthen its legal framework on sexual harassment. Comprehensive reforms are needed to provide clarity on workplace misconduct, expand protection to students in all educational institutions, and establish safeguards for both accusers and the accused. Until these issues are adequately addressed, victims will continue to face significant barriers to justice, and perpetrators may remain emboldened by a culture of impunity.

Adesegun Talabi! Legal Practitioner, Lagos

Sexual Harassment: A Pervasive Scourge Across Sectors

Mandy Demechi-Asagba

The recent scandal involving Nigerian Senator Elisha Abbo and a nursing mother, as well as the allegations against Senator Godswill Akpabio by a former aide, Natasha Akpoti, have once again brought the issue of sexual harassment to the forefront of public discourse. However, sexual harassment is not limited to the political sphere; it is a pervasive problem that affects various sectors, including schools, workplaces, churches, and more.

Defining Sexual Harassment

“Sexual harassment is any unwelcome or uninvited behaviour of a sexual nature, that makes a person feel uncomfortable, intimidated, or threatened. It can take many forms, including verbal comments, physical contact, gestures, and written or electronic communication.”

Legal Protection

Sexual harassment is a serious issue in Nigeria, violating the fundamental human rights of victims as enshrined in the supreme law of our Country Nigeria, particularly the right to dignity of human person (Section 34) and the right to freedom from discrimination (Section 42) of the 1999 Constitution (As Amended) and also in the Maputo Protocol, The African Charter on Human and People’s Rights, the Universal Declaration on Human Rights UDHR, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979 and others.

 Relevant Laws

The Constitution of Nigeria: The most powerful legal instrument in Nigeria, the supreme law of the land, which directly or indirectly condemns sexual harassment and other forms of sexual violence- see Chapter IV of the Constitution dealing with Fundamental Human Rights

– The Criminal Code: Applicable in Southern Nigeria, criminalises sexual harassment with provisions in Section 351-361.

– The Penal Code: Applicable in Northern Nigeria, refers to sexual harassment as indecent assault, with provisions in Section 281, 282, and 285.

– State Criminal Laws: Some States, like Kano and Lagos, have enacted unique laws criminalising sexual harassment.

– The Violence Against Persons (Prohibition) Act 2015 (VAPP Act): Defines sexual harassment and prescribes punishment.

– The Lagos State Prohibition Against Domestic Violence Law 2007: Defines sexual abuse and provides protection for victims.

– The Ekiti State Gender-Based Violence (Prohibition) Law 2019: Defines sexual harassment and provides protection for victims.

Prevalence of Sexual Harassment

Sexual harassment is a widespread problem that affects people of all ages, backgrounds, and professions. According to a 2019 survey by the Nigerian Women’s Trust Fund, 60% of women in Nigeria have experienced some form of sexual harassment. Similarly, a 2020 report by the International Labour Organisation (ILO) found that 35% of women worldwide, have experienced some form of sexual harassment at work.

A study in the Nigerian legal sector, found a 64% prevalence rate of sexual harassment. Another study in Lagos State, reported an even higher prevalence rate of 74%.

Sexual Harassment in Schools

Sexual harassment is a significant problem in schools, where students are vulnerable to abuse by teachers, administrators, and fellow students. A 2018 report by the Ministry of Education found that, 20% of students in Nigerian schools had experienced some form of sexual harassment. The report also found that most cases of sexual harassment in schools go unreported, due to fear of retaliation, stigma, shame and being disbelieved.

A recent report found that at least 63% of female students in Nigerian universities, experience sexual harassment from staff and fellow students. The report, based on a survey of 12 universities, highlights the pervasive nature of sexual harassment in Nigerian tertiary institutions. The survey’s findings indicate that, sexual harassment has detrimental effects on students’ educational experiences and psychological well-being. Despite these alarming statistics, an anti-harassment Bill drafted in 2019 remains pending, awaiting Presidential assent to become law. The report’s launch was accompanied by a national summit on sexual harassment in tertiary education institutions in Abuja.

Sexual Harassment in the Workplace

Sexual harassment is also a pervasive problem in the workplace, where employees may be subjected to unwelcome advances, comments, or gestures by colleagues or supervisors. A 2019 survey by the Nigerian Employers’ Consultative Association (NECA) found that 30% of employees in Nigeria had experienced some form of sexual harassment at work.

Research by STER found that 64% of respondents (mostly young, female, and unmarried), experienced sexual harassment in the workplace.

The majority of victims were aged 18-30, worked in large organisations, and were in formal employment for 12 months or more.

– Reports at African Women Lawyers Association (AWLA) Secretariat reveal a 20% increase in sexual harassment cases at the workplace, compared to previous years.

Research found that most cases of sexual harassment in the workplace go unreported, due to fear of retaliation or stigma.

Employer Responsibility

Employers have a legal responsibility to prevent harassment in the workplace, and can be held vicariously liable for sexual harassment committed by their employees.

Proving Sexual Harassment

To prove sexual harassment, victims must provide evidence that:

– The conduct is connected to sex or gender.

– The conduct is severe or pervasive.

– The behaviour is unwelcome, persistent, uncomfortable, intimidating, or hostile.

– The party being sued is liable for the harassment.

Sexual Harassment in Politics

The recent scandal involving Senator Elisha Abbo and the allegations against Senator Godswill Akpabio by Senator Natasha Akpoti, are just a few examples of the pervasive problem of sexual harassment in politics. Women in politics often face significant barriers, including sexism, misogyny, and sexual harassment. A 2020 report by the National Democratic Institute (NDI) found that 70% of women in politics worldwide, had experienced some form of sexual harassment.

Women in politics face numerous barriers, including sexism, misogyny, and sexual harassment, which can have severe consequences. Reporting incidents of harassment often draws negative attention, leading to the blame game, condemnation, intimidation, victimisation, and oppression. It takes a bold, confident, and courageous woman to report sexual harassment or abuse, due to the associated stigma.

The 6 months suspension of Senator Natasha Akpoti is a concerning development, as it may be perceived as an attempt to silence women. This incident highlights the urgent need to address the significant underrepresentation of women in Government. Despite making up nearly half of Nigeria’s population, women hold less than 10% of National Assembly positions.

To achieve balance and effectiveness in government, it is essential to emphasise the importance of women’s representation. However, women face significant barriers to leadership, including limited funding, lack of support, and restrictive cultural expectations. These obstacles hinder women’s ability to participate in critical policy discussions, perpetuating a significant gender gap in decision-making roles.

Key Barriers to Women’s Leadership

 – Limited Funding:  Women often struggle to access financial resources to support their political campaigns.

– Lack of Support: Women may face limited support from their parties, colleagues, and constituents.

– Restrictive Cultural Expectations: Societal norms and expectations, can limit women’s ability to pursue leadership roles.

This is a clarion call to accelerate action, in women economic and political empowerment.

Sexual Harassment in the Church

Sexual harassment is also a problem in the church, where members may be subjected to unwelcome advances, comments, or gestures by clergy or fellow members. A 2019 report by the Nigerian Christian Association found that 25% of church members in Nigeria had experienced some form of sexual harassment. The report also found that most cases of sexual harassment in the church go unreported, due to fear of retaliation or stigma.

Alarming Statistics

A 2019 report by the Nigerian Christian Association revealed disturbing statistics:

Several high-profile cases have highlighted the issue of sexual harassment in the worship centres

– In 2018, a Nigerian Pastor was accused of raping a 16-year-old girl in his church.

– In 2020, a Catholic Priest in the United States was sued for allegedly sexually harassing a female Parishioner.

– In 2023, Muslim cleric was convicted for sexually assaulting a minor in the Mosque. See The State of Lagos v Abdulsalam Salaudeen

– Several other cases of clerics sexually harassing and assaulting minors at the Arabic Classes and at the Sunday school and choir lessons in church.

Factors Contributing to the Problem

Several factors contribute to the prevalence of sexual harassment in the worship centres:-

– Power Imbalance: Clergy and church leaders often hold positions of authority, making it difficult for victims to speak out.

– Lack of Reporting Mechanisms: Many churches lack clear policies and procedures, for reporting and addressing sexual harassment.

– Culture of Silence: The church’s emphasis on forgiveness and reconciliation, can sometimes be misused to silence victims and downplay the severity of the harassment.

Culture of Silence

A staggering culture of silence surrounds sexual harassment, with over 80% of respondents citing fear of stigma, lack of support, and power imbalances as reasons for underreporting. Victims often fear retaliation, shame, or being disbelieved, leading to a lack of reporting and a culture of silence. Many victims are unaware of where to report incidents or seek help, and often lack support from friends, family, and professionals. The report recommends establishing gender centres, helplines, and counselling services to support victims, as well as implementing zero-tolerance policies and severe disciplinary actions against perpetrators. Ultimately, institutions must ensure transparency, accountability, and thorough investigations into sexual harassment complaints, to create a safer and more supportive environment.

Delay in Legislation 

The Nigerian Senate proposed legislation in 2019 to address the growing number of sexual harassment cases in higher educational institutions, aiming to prevent, prohibit, and redress such incidents. The proposed Bill – The Sexual Harassment in Tertiary Educational Institutions Prevention, Prohibition and Redressal Bill 2019 which prescribes 14 years’ imprisonment for academics found guilty of sexual misconduct, was passed by the Senate, but yet to be signed into law by the President. Despite assurances of support from President Bola Tinubu’s aide, the Bill remains stalled, having awaited Presidential assent for over four years, including during former President Muhammadu Buhari’s term.

Civil society organisations have condemned the prolonged delay in passing the Sexual Harassment Bill, stating that it perpetuates a culture of impunity, and worsens the problem in universities and other institutions of learning.

Conclusion

Sexual harassment is a pervasive problem that affects people of all ages, backgrounds, and professions. It is a problem that requires a holistic approach, involving governments, institutions, and individuals. We must work together to create a culture of respect, empathy, and zero tolerance for sexual harassment. We must also ensure that victims of sexual harassment have access to support, justice, and compensation. To this end AWLA offers pro bono services to victims of sexual harassment/assault, discrimination and abuse generally. We invite your collaboration and partnership, to fight this scourge plaguing our communities.

 Recommendations to Prevent and Address Sexual Harassment

# I. Legal Framework

1. Enact and Enforce Anti-Sexual Harassment Laws: Governments should establish and enforce laws that prohibit sexual harassment, and provide adequate penalties for perpetrators.

# II. Institutional Policies and Procedures

2. Develop and Implement Anti-Sexual Harassment Policies: Institutions should create and enforce policies and procedures

3. Establish Anonymous Reporting Mechanisms: Allow individuals to report incidents without fear of retaliation.

4. Protect Whistleblowers: Safeguard individuals who come forward with allegations from intimidation or retaliation.

 # III. Education and Training

5. Educate Individuals on Boundaries and Consent: Educate individuals on the importance of respecting boundaries and consent.

6. Provide Regular Training and Sensitisation: Offer ongoing training and sensitisation programs for lawmakers, staff, and employees on sexual harassment, its effects, and the importance of maintaining a respectful workplace.

# IV. Support Services and Reporting Mechanisms

7. Provide Support Services for Victims: Offer access to counselling, medical care, and other support services for victims of sexual harassment.

8. Establish Designated Reporting Channels: Create designated reporting channels for sexual harassment incidents, including online platforms and dedicated phone lines.

 # V. Accountability and Review

9. Establish Clear Punitive Measures: Develop consequences for offenders.

10. Conduct Independent Investigations: Ensure that investigations are impartial and thorough.

11. Ensure the investigations meet international human rights standard standards, and verifies the validity of past and recent allegations which should prioritise accountability for wrongdoing and take false claims seriously, as they can undermine genuine harassment cases

12. Require Annual Reporting and Review: Mandate annual reporting and review of sexual harassment incidents, investigations, and outcomes to identify areas for improvement and ensure accountability.

13. Develop and Disseminate Clear Policies and Procedures: Create and share clear policies and procedures for reporting, investigating, and addressing sexual harassment incidents.

Mrs Mandy Demechi-Asagba, President, African Women Lawyers Association (AWLA)

Culled from This Day

Court orders arrest of VeryDarkMan for defaming Mercy Chinwo

A Chief Magistrates’ Court, Wuse Zone 6, Abuja, has issued a bench warrant for the arrest of blogger, Martins Vincent Otse, popularly known as VeryDarkMan (VDM), for “criminal defamation” of a Gospel Artist, Mercy Chinwo.

The magistrate ordered the Nigeria Police Force, together with other law enforcement agencies, to arrest VeryDarkMan and produce him to court to answer to the criminal allegations levelled against him.

Chief Magistrate Emmanuel Iyanna issued the bench warrant on Thursday, March 13, 2025 when VeryDarkMan failed to appear before the magistrate followed a court summons on March 5, 2025 for him to do so.

Although Counsel to VeryDarkMan, Deji Adeyanju, appealed to the Magistrate to rethink the bench warrant and that he would personally produce his client in court, the Magistrate rejected the appeal and insisted that VeryDarkMan be produced in court by security agencies.

The bench warrant stemmed from alleged defamatory statements made by VDM on social media, accusing Chinwo of involvement in a contractual dispute and the purported diversion of $345,000 linked to her former record label boss, Ezekiel Onyedikachukwu, also known as Eezee Tee.

In support of her claims, Chinwo furnished the court with documentary evidence, including emails and payment receipts, to substantiate that VDM’s allegations were not only entirely false but damning and injurious to her public image and reputation.

The complainant’s lawyers led by Pelumi Olajengbesi of Abuja-based law firm, Law Corridor, Chinwo said the alleged actions of the defendant are contrary to Sections 391 of the Penal Code and Section 24 (1)(B) of the Cybercrime (Prohibition, Prevention etc) Act 2015.

Chinwo’s counsel had also dragged VDM before a High Court of the Federal Capital Territory, Abuja, seeking N1.1bn damages against the blogger.

The lawyer sought an order compelling VDM to delete, retract, and issue a public apology for all allegedly false and defamatory statements made against Chinwo and her brand.

Nigerian woman declared dead since 2019 storms court to stop fraudster from seizing her N696m house in UK

A Nigerian woman, June Ashimola who was falsely declared dead has appeared in court via videolink from Nigeria to stop a convicted fraudster from seizing her £350,000 (approximately N696 million as of March 13) house in London, United Kingdom.

55-year-old Ashimola was reportedly declared dead in February 2019, sparking a protracted legal battle over her estate.

However, she presented herself before Deputy Master John Linwood, asserting that she was alive and was a victim of a scam.

According to DailyMail on Wednesday, the court heard that following her wrongful declaration of death, power of attorney over her estate, which consisted primarily of a house, was granted to Ms. Ruth Samuel, acting on behalf of Bakare Lasisi, who falsely claimed to have married Ashimola in 1993.

However, the judge ruled that the supposed marriage was a fabrication and that Lasisi did not exist.

According to court records, Ashimola left the UK for Nigeria in 2018 and had not returned since.

By October 2022, power of attorney had been awarded to Samuel on behalf of the fictitious Lasisi, who laid claim to Ashimola’s estate.

The judge ultimately found that Tony Ashikodi, a convicted fraudster who served three years in prison in 1996 for obtaining property by deception, had orchestrated the elaborate scheme to seize her home.

“This is an unusual probate claim in that the deceased says she is very much alive,” Deputy Master Linwood remarked, describing the case as a web of fraud, forgery, impersonation, and intimidation.

“The root of this claim is a long running battle or campaign waged by a Mr Tony Ashikodi for control and/or ownership of the property.

‘Ms Ashimola left the UK for Nigeria in about October 2018 and has not returned since. This claim involves wide-ranging allegations of fraud, forgery, impersonation and intimidation,” Linwood added.

Despite visa challenges preventing her from appearing in person, Ashimola’s identity was verified through passport photographs, leading the judge to dismiss the claims against her estate.

After reviewing the evidence, Deputy Master Linwood ruled, “’I find Ms Ashimola is alive and that the death certificate was forged and/or fraudulently obtained or produced or concocted.

“Her alleged death was part of Mr Tony Ashikodi’s attempts to wrest control of the property from her.

“The person who appeared before me and identified herself as Ms Ashimola was physically like her photographs in each passport.

“I find that Ms Ashimola was not married to Mr Lasisi and that the marriage certificate is a concocted or fraudulent document for these reasons.

“I do not accept Mr Lasisi exists or if he does is aware of his identity being used. I do not accept that emails supposedly from him were actually from him.”

He further accused Ashikodi of attempting to mislead the court and found that both Ashikodi and Samuel were either directly involved in producing the fraudulent documents or knowingly relied on them.

He added, “I find that the probate power of attorney submitted supposedly by Mr Lasisi and Ms Samuel was a fraudulently produced or concocted document.

“The death certificate was not proven to the necessary standard in that only a copy was produced. The provenance was unknown. There was no evidence before me that it was a genuine document evidencing a real event.

“I find it was forged and/or fraudulently produced or concocted. The persons who relied upon it namely Mr Tony Ashikodi and Ms Samuel were either directly involved in its production or else knew it was false.’”

As a result, the power of attorney was revoked, safeguarding Ashimola’s rightful ownership of her £350,000 property.

The court also heard that legal costs incurred by both parties have exceeded £150,000, an amount that may surpass the property’s equity value.

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A Critical Analysis Of Section 21 Of The Terrorism (Prevention And Prohibition) Act, 2022: A Charge-specific approach

By E. Monjok Agom

Section 21 of the Terrorism (Prevention and Prohibition) Act, 2022, criminalises various forms of assistance, encouragement, or facilitation of terrorist activities. However, when bringing charges under this section, it is essential to ensure that the particulars of the charge align with specific acts outlined in subsections (a), (b), or (c). It is clearly a bad charging practice to state the offence generally as it leads to vagueness.

THE IMPORTANCE OF SPECIFICITY IN CHARGING
In Nigerian law, the principle of specificity in charging is well-established. The court in Adeyemi v. State (2018) 12 NWLR (Pt. 1635) 422, emphasized the need for precision in framing charges, stating that “a charge must be specific, clear, and unambiguous to enable the accused person to know what he is being charged with.”

ALIGNING PARTICULARS WITH SPECIFIC ACTS
When charging under Section 21, the particulars of the charge must correspond with specific acts outlined in subsections (a), (b), or (c). For instance:

  • If the accused is alleged to have provided assistance to a terrorist organization, the charge should specifically state that the accused “aided” the organization, as per subsection (a).
  • If the accused is alleged to have attempted to commit an act as an accessory, the charge should specifically state that the accused “attempted to commit an act as an accessory,” as per subsection (b).
  • If the accused is alleged to have incited others to commit a terrorist act, the charge should specifically state that the accused “incited” others, as per subsection (c).

CONSEQUENCES OF NON-SPECIFIC CHARGING
Failure to align the particulars of the charge with specific acts under Section 21 may result in the charge being declared invalid or defective. In Ibori v. FRN(2014) 4 NWLR (Pt. 1396) 1, the court held that a defective charge can lead to a miscarriage of justice.

CONCLUSION
In conclusion, when charging under Section 21 of the Terrorism (Prevention and Prohibition) Act, 2022, it is crucial to ensure that the particulars of the charge align with specific acts outlined in subsections (a), (b), or (c). A general charge of violating Section 21 without specificity may not be sufficient, and may lead to the charge being declared invalid or defective. By adhering to the principle of specificity in charging, prosecutors can ensure that justice is served, and that those who facilitate or promote terrorist activities are held accountable.

E. Monjok Agom

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𝗡𝗕𝗔 Remuneration Committee’s directives to banks on implementation of 𝗟egal 𝗣ractitioners 𝗥emuneration Order, 𝟮𝟬𝟮𝟯, is a waste of time; 𝗡𝗕𝗔 should do first things first

By Sylvester Udemezue

  1. Please see “Legal Practitioners’ Remuneration Order 2023: NBA Issues Compliance Directive to Banks on Lawyers’ Minimum Fees” (13 March 2025; published in BarristerNG). These are, in my humble opinion, mere surface-scratching measures by NBA; they’re destined for failure unless and until we first make the Order impregnable and self-executing.
  2. The Legal Practitioners Remuneration Order 2023, as comprehensive and beautiful as it looks (i agree it’s), lacks in it, impregnable, self-executing provisions to make it impossible for any lawyer to flout its provisions with impunity. The Order is a dog with beautiful-looking teeth and barking, but lacks the capacity to bite.
  3. Over 98 percent of lawyers in Nigeria flout the order daily, with absolute impunity. And this would continue until the right things are done: until we initiate measures to amend the Order with a view to making it impregnable. Until that is done, they waste of their precious time who think the Order can be obeyed by someone or some group sitting somewhere and dishing out “directives” especially to people who have little or nothing to do with implementation of the Order.
  4. Now, come to think of it, are Nigerian Banks answerable to the NBA? Which segment of the Order empowers the NBA to dish out directives to banks or that obliges Banks to obey such directives?With due respect, this reporting is faulty; NBA issues “directive” to bank… Are the Banks servants of the NBA?
  5. Meanwhile, which part of the Order gives Banks any responsibility in enforcement of the Order? Who are the people violating the Order? Banks or Lawyers? So, how would directives to Banks make lawyers to obey the Order?
  6. Dear NBA, why not concentrate to think out of the box towards amending the Order to include impregnable and self-executing provisions that would make it impossible for anyone in Nigeria to disobey it with impunity. We’re ready to help in this wise.
  7. An Analogy: have you not seen or heard that the laws regarding timelines in pre-election and election lawsuits in Nigeria are absolutely respected? Have you heard that anyone has disobeyed any segment of it with impunity? Have you heard anyone issuing anyone any directives on compliance with timelines in pre-election and election lawsuits in Nigeria? The reason is because the laws regulating TIMELINES in pre election and election lawsuits in Nigeria, are IMPREGNABLE and SELF-EXECUTING; do not need anyone’s help towards their enforcement. You disobey, you suffer the consequences instantly. 😂🤣🤣.
  8. Only impregnable, self-executing laws are fitted for Nigerians because most Nigerians have the habit of never obeying laws. Impregnable, self-executing laws compel you to obey whether you are willing or not.
  9. NBA, over to you, if you really want any seriousness with respect to lawyer remuneration in Nigeria, which I think is among the most teething challenges facing NBA today. I have said my own. Let those who have ears, hear!
  10. On May 27, 2024 NBA President Sets Up Remuneration Committees Across Branches”. This was done through the NBA’S LEGAL PRACTITIONERS REMUNERATION COMMITTEE,, then headed by Mazi Afam Osigwe, SAN. How market with the NBA branch commitrees? A statement released on blog.nigerianbar by NBA’s National Publicity Secretary (while announcing the setting up of the committees) said that “In order to enforce the provisions of this Remuneration Order for the benefit of all members, the NBA President, has set up Remuneration Committees in all the branches of the Nigerian Bar Association.” How far have the Branch Committees gone towards enforcing the provisions of the Order? Absolutely no where? It’s not that the Committees are not okay, but that the first things must be done first. Meanwhile, if we amend the Order to make it impregnable, self-executing, there would hardly be any reason for such implementation committees.
  11. Now, the New NBA’s National Legal Practitioners Remuneration Committee has started with unnecessary, surface-scratching measures that will obviously lead us nowhere. When would we embrace pragmatism and sagacity in order that things would start working for us as a profession? When? Dear NBA Remuneration Committee, your directives to Banks are a total waste of time, are going to achieve nothing; it’s lawyers, not Banks, that flout the Order. Get the law amended to tie lawyers’ hands, and then, and then alone, you can begin to shout Eureka, we have done it!
  12. Some people may not be comfortable with this view, which they may consider unpopular; some may even hate me for it. But it is okay. It was Beverly Sills who said: “It seemed no longer important whether everyone loved me or not, more important now was for me to love them”. It is very difficult to live among people you love and hold back from offering them advice. My advise to NBA managers and all of the members of the NBA is this: never reject good advice; that’s what makes you wiser. When one sees good advice, one should not only listen to it, but should also take it. You see, one may succeed in avoiding reality, but one cannot succeed in avoiding the consequences of avoiding reality.
  13. For the avoidance of doubts, my present commentary is meant both as a piece of advice and to provoke constructive discussions.
    Respectfully,
    §¢µð𝓮̂𝓶𝓮̂𝔃µ𝓮̂
    Sylvester UDEMEZUE (Udems).
    08109024556.
    [email protected]
    (13 March 2025)

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