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Kano Elders Petition Buhari, Others over Ganduje’s Chinese Loan

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*Threaten court action

Elders in Kano under the aegis of Kano Unity Forum, a group of over 15 Kano based local and specialized groups, on Thursday expressed grave reservations about the resolve of Governor Abdullahi Ganduje to obtain loan from China Development Bank to construct phase 1 component of Light Mono Rail to service Kano Metropolis.

This was contained in a petition signed by former presidential candidate under defunct National Republican Convention (NRC), Alhaji Bashir Othman Tofa, on behalf of Kano Unity Forum and made available to THISDAY in Kano on Thursday.

The petition was sent to President Muhammad Buhari, National Assembly, Embassy of China in Nigeria, Ministry of Finace, Central Bank of Nigeria, China Development Bank, DMO, OAU secretariat and selected media organisations in Nigeria.

The statement explained that “save for few in official circles, nobody else knows the terms and conditions of the loan agreement”, adding that “the exact amount being borrowed is shrouded in secrecy”.

“A 1st Phase of the project costing Over N300 Billion or may be even the N828 Billion mentioned by others, coming mostly from a foreign loan is mind-boggling, to say the least. A rethink is not only needed, but necessary.”

Tofa stressed that “based on the analysis of the present indebtedness of Kano State as provided for by the Debt Management Office (DMO) Nigeria, it is extremely difficult, almost impossible for Kano State to sustain any indebtedness beyond the current liability portfolio of the state.”

He also said “It needs to be noted that a rail project is never a project to be put in haste as we observed that it is neither in the medium nor long term plans of the State Government.

“If indeed the Chinese want to genuinely help with cheap loans, they should be requested to support critical sectors such as education, health, agriculture, power, science and technology, infrastructure , industry and water supply”.

Tofa, addrd, “after all, the Chinese have become world leaders in these aspects of transformative development.”

The former presidential candidate declared that “Kano Unity Forum would not give any self-serving politician the latitude to increase poverty and deprivation within the general public through ill-conceived public works.”

He further said “we shall not be deluded by the attractive idea of good return from the investment. Rail projects world over are known as highly capital intensive with a very negligible rate of return on investment. It’s more of a social welfare project, especially in Less Developed Economies. “

He therefore warned that “In the event, however, KNSG chooses to remain impervious to this well intentioned intervention, we will diligently pursue court processes and other lawful means to stop the Light Rail project.

The statement further assured the Chinese of its readiness to ensure the next administration in the State repudiates the agreement altogether and disregard any responsibility for whatever money the Chinese expended on this project.

Nigerian Law School Proposes November 2020 For Bar Part II Exams, As SRC Expresses Concerns & Proposes Recommendations

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The Nigerian Law School has released a proposed staggered resumption  calendar for the Bar Part II  2020/2021 Academy session.

The proposed calendar which was signed by the DG of Law School, Prof. Isa Hayatu Chiroma, SAN, had the registered student divided into Batch ‘A’ and ‘B’. The students are to resume based on the Batch in which their names appear. 
Some student claimed that the staggered resumption calendar was not  from Law School.

Speaking to Nigerian Law School Public Relations Officer, Chinedu Ukekwe, he told TheNigeriaLawyer (TNL) that the proposed academic calendar is a mere proposal and as such, not to be completely relied on.

Meanwhile, it was further noted that it is subject to the approval of Federal Government because nothing can be done unless same is approved. But then, “just preparing” the ground for onward approval for the reopening of schools

Meanwhile the Students Representatives Council of the Nigerian Law School (NLS), of the six campuses have expressed their concerns over the released “staggered “ resumption date of the institution. 

They have equally made recommendations to the Council of Legal Education on what they think should be acted upon.

These recommendations were made pursuant to a virtual meeting held on the 26th day of August, 2020 which was made available to TheNigeriaLawyer (TNL), on an agenda titled “STAGGARED RESUMPTION DATE FOR NIGERIA LAW SCHOOL STUDENTS 2020/2021: SUGGESTIONS/RECOMMENDATIONS”.

However, the Students Representatives from the Nigeria Law School, Lagos Campus suggested and recommended as follows:

“Based on the Corona virus pandemic and the challenge it has posed to our academic activities, We are suggesting that:

“Students should return to school to complete their lectures which is very important especially with respect to exams.

“The online classes don’t hold water because some people didn’t partake in it and even those that did might not understand what was taught via the slides.

“If the school insist on 50% of us for the sake of Corona, they can simply ask the first batch to attend lectures for three months while the second batch will do their externship within that period. 

“After the 3 months,  the batch A will proceed for their own externship while Batch B attend their own 3 months lectures.

“Upon the expiration of the Batch B lectures,  everyone will converge for two weeks.One week for revision, one week for exams.”

Meanwhile, the further added that what is the possibility of students who do not reside in Lagos, whether they would be permitted to stay in the campus hostels.

“Please, in the interest of those students who do not live in Lagos, what would the living conditions be like? Would students be allowed to lodge back into the hostels, or would there be some re-organization based on government protocol?”

In another development, the representatives  from Kano Campus expressed their concerns over the proposed schedules and recommended as follows:

“1. The management should send us to do the full externship so that we will get the time to read our books and have an experience like our seniors.

“2. The management should give us 3 or 4 weeks of revision classes on campus after externship.

“3. After the externship and 3 or 4 weeks of revision then the Bar final.”

Meanwhile, the representatives from Abuja campus noted that the proposed schedules are too short and also, the initiative to set exams based on batches might be unjust amongst others.

“Representatives from Abuja campus proposed below:

“The proposed timeframe set for lectures and revisions seem too short to be able to condense the entire curriculum.

“Setting different questions for different batches may cause inconsistencies and unjustness in the results due to the fact that some questions set maybe harder than others.

“The stipulation for three dining terms in order to be called to the bar, would it be waived?

“Whether 9am to 5pm is a convenient enough time for everybody, and would people be able to cope, especially with masks on?

“Are two batches alone enough to carry out necessary COVID19 protocols?

“What would the living and reading conditions be like?

“For those who were unable to keep up with the online classes due to financial or personal reasons, what would be the alternative?

“Is it worth risking our health in order to keep up with the calendar?

“Concerning the new CAMA, students expressed worries whether or not the provisions that would remain would that of the old one or the new one.

However, the Abuja campus representatives noted as follows:

“There should be an option to defer the program without having to forfeit the tuition in its entirety. Rather, some percentage of the tuition should be refundable or put into an account in the name of the student for the purpose of re-enrollment afterwards.

“Classes should be divided into batches, more than two if possible, and they could be held at different times of the day. In order to avoid rushing students and failing to follow the right procedures, they should carry on until at least the end of the year, that is December.

“Simulated externships could be carried out after classes have concluded for the term, in batches as well, in order to solidify that which we have been taught in school by putting them into practice.

“After this, mock trials and moot courts could commence still in an effort to put what we learned into practice.

“Exams should be the final step and if possible, should be the same paper for every student. Several venues could be reserved for the exams, not necessarily on campus, in the same way JAMB is carried out.

“Our last recommendation would be to simply wait until a vaccine is readily available before the commencement of the program.

The representatives from Abuja campus further added :

“The management should send us to do the full externship so that we will get the time to read our books and have an experience like our seniors.

“The management should give us 3 or 4 weeks of revision classes on campus after externship.

“After the externship and 3 or 4 weeks of revision then the Bar final.”

In a similar development, the representatives from Enugu campus urged the management to reconsider the dates, this is because, there may be mass failure if it remains unchanged.

“The students request that the school management reconsider their proposal on the exam date. This is due to impending mass failure it will cause if it is actually approved.

“This is so because students have not had enough time to study as the online classes didn’t achieve much of its aims.

“It is suggested that December/January is fair enough time for the exam.”

However, they noted that they should be allowed to carry out full externship.

“More so, it is suggested that we carry out our full externship programme and every other activity.”

In another development, the representatives of Yenagoa campus made their own recommendations. Noting that the virtual classes did not serve much purpose. Thus, urged that exam should commence in 2021.

“We propose that lectures should resume from the point that we stopped, as many students could not follow the online classes also taking into cognisance the people that were admitted on the week we vacated.

“That academic activities should resume in October and exams should be moved to next year.

“In the case that externship is going to hold it should be this year and lectures can start in January down until exams.

“Much more importantly, the classes should be divided according to the covid-19 safety guidelines.

“Minimum of 3 months.

“Mock trial: During the course of the lectures*

“Date for Bar finals: February 2020.”

ICPC arrests 25 VIO, FRSC officials over drivers’ licence racketeering

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The Independent Corrupt Practices and Other Related Offences Commission, ICPC, has arrested 25 Vehicle Inspection Officers, VIOs, over alleged drivers’ licence and vehicle particulars’ racketeering.

A spokesperson for the commission, Azuka Ogugua, who disclosed this in a statement on Thursday, in Lagos, said that personnel of the Federal Road Safety Corps, FRSC, and Motor Vehicle Licencing Authority, MVLA, were also arrested.

She said the officers of the Department of State Services, DSS, and FRSC, jointly effected the arrest.

Mrs. Ogugua said that the Commission received information that the officials connived with touts to extort extra fees from applicants before their drivers’ licences and vehicles particulars were processed.

“The operation was conducted in Ikeja, Somolu, Eti-Osa, and Anthony Drivers’ License Centres. Other places were Ojo, Oshodi, University of Lagos, Surulere, Agege and Coker centres in Lagos State.

“Various sums of money and several incriminating documents and equipment were retrieved from the suspects during the operation.

She stated that the officials were granted administrative bail by the Commission and would be arraigned in court on conclusion of investigation.

According to her, the exercise will be a continuous one and similar operations will be carried out in other centres to rid motor licensing administration of fraud and extortion. NAN

Minister Relocates To Enugu Ahead Of Airport Reopening

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Minister of Aviation, Mr Hadi Sirika, his aides and top Ministry officials have relocated to Enugu State ahead of the planned reopening of the Akanu Ibiam International Airport on Sunday, August 30.

Spokesman of the Ministry, Dr James Odaudu, who made the disclosure in a statement explained that the Minister’s relocation was to monitor the finishing touches being done by the contractors handling the runway reconstruction and installation of facilities at the airport.

“It is also to ensure that nothing stands in the way of the planned reopening.

“There have been apprehensions about the possibility of the resumption of flights at the airport as planned, as a result of the recent unwarranted and ill-advised pulling down of about two kilometres stretch of the perimeter fence of the airport by an individual claiming ownership of the land on which the fence was raised”, Odaudu noted.

He added that the Minister has assured the public that everything possible was being done to ensure that the South-East region, the major beneficiaries of the project, begins to enjoy flight operations at the airport from Sunday.

Odaudu also noted that Sirika commended the Governors of the South-East States especially Governor Ifeanyi Ugwuanyi of Enugu State for teaming up with the Ministry to ensure a successful return of activities at the airport.

Sirika at the earlier rehabilitation of the runway of the Nnamdi Azikiwe International Airport Abuja, had similarly relocated to Kaduna for a number of days to ensure a seamless operation of flights at the Kaduna airport which then served as an alternate to the shut Abuja airport.

The Akanu Ibiam International Airport, Enugu was shutdown in August 2019 to enable the Federal Government reconstruct the runway which had become so dilapidated that aviation experts described it as a huge threat to safety.

Thenigerialawyer

Vera Omozua: My landlady gave me N1m to kill UNIBEN student for ritual, suspect claims

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One of the suspected killers, Collins Uligbe confessed that her landlady, Mrs Mary Ade, gave them N1 million to kill the student.

Collins who said that he was asked by the landlady to wipe Uwaila’s private part with a handkerchief so that she could use it for ritual purposes and prosper in her business.

However, the landlady denied the allegation.

According to the police commissioner, the postmortem results confirmed that Miss Omozua was indeed raped before she was murdered.

The police chief assured the people of Edo state that the police will leave no stone unturned to unravel the mystery behind the killing.

Recall that Governor Godwin Obaseki of Edo state had earlier ordered the investigation and immediate arrest of the culprits involved in Miss Omozua’s death.

On his Twitter page, Governor Obaseki assured residents that the police command in the state is on the matter and that in no time, Vera’s killers will be tracked, arrested, and prosecuted.

Also, the federal government expressed sadness over the death of the UNIBEN student and called on all and sundry to rise against coordinated violence channelled against women in society.

In a tweet by the Federal Ministry of Women Affairs on Monday, June 1, the government at the central called for justice for both Uwaila and Tina Ezekiel who were both killed in a blood-soaked circumstance.

How trigger-happy police officer shattered Tina’s dreams of becoming a doctor | Legit TV

Legality Of SCUML (EFCC) Certificate

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Daily Law Tips (Tip 641) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Professionals and businesses in Nigeria may not worry about Special Control Unit against Money Laundering (SCUML), until when seeking to open/operate a bank account. Banks will not allow certain businesses and professionals to open/operate bank account without presenting a SCUML certificate (EFCC Clearance/Certificate). Businesses, professionals and charities are listed as ones that require SCUML certificates, depending on their vulnerability to money laundering or terrorism financing risks. Among the listed professional are the legal practitioners in Nigeria but their professional body has obtained a court judgment exempting legal practitioners from such supervisions. This work focuses on Anti Money Laundering and Combating of Financing of Terrorism (AML/CFT), legality of SCUML certificate, list of businesses and professionals that need SCUML certificate and the roles of stakeholders like Nigeria Financial Intelligence Unit, Economic and Financial Crimes Commission, Federal Ministry of Industry, Trade and Investment and others in the AML/CFT regime.

In fighting corruption, one of the vital tools is fund tracking. To combat money laundering and terrorism, the Federal legislatures enacted two (2) laws to track flow of money in Nigeria. One of the Federal laws is the Money Laundering (Prohibition) Act 2011, which among other things, prohibits cash transactions and mandates Suspicious Transaction Reports to be reported to the Economic and Financial Crimes Commission (EFCC). The other federal law is the Terrorism (Prevention) Act 2011, which is designed to prevent acts of terrorism and by a later amendment in 2013, all law enforcement agencies are empowered to fight terrorism and to adopt measures to prevent terrorism in Nigeria.

By the provisions of the Money Laundering (Prohibition) Act 2011, any Designated Non-Financial Institutions (DNFI) that is involved in cash transactions is to provide declaration of its activities to the Federal Ministry of Finance. By that law, Designated Non-Financial Institutions (DNFI) are dealers in Jewelry, cars and luxury goods, chartered accountants, audit firms, tax consultants, clearing and settlement companies, legal practitioners, hotels, casinos, supermarkets, or such other businesses as the Federal Ministry of Commerce or appropriate regulatory authorities may from time to time designate. By the Terrorism (Prevention) Act 2011 and its later amendment in 2013, there are provisions for law enforcement to ensure terrorism is not funded.

In support of efforts on Anti Money Laundering and Combating of Financing of Terrorism (AML/CFT), there are several regulations made pursuant to the Money Laundering (Prohibition) Act 2011 and the Terrorism (Prevention) Act 2011. Among the regulations is the Central Bank of Nigeria (Anti Money Laundering and Combating of Financing of Terrorism for Banks and Other Financial Institutions in Nigeria) Regulation 2013, by which among other things, banks are expected to know their customers, have internal control to detect terrorists and their financiers and also make proper reports to law enforcement agencies. Other regulations are that of the Nigeria Securities and Exchange Commission (SEC) and the National Insurance Commission (NAICOM) for their respective operators.

In 2013, the Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and Other Related Matters) Regulations, 2013 expanded the meaning and list of business/professionals referred to as Designation of Non-Financial Institutions from what is provided in the Money Laundering (Prohibition) Act 2011. By the 2013 Regulations, adding to the existing list, DNFI extended to professions including (a) Law firms, notaries, and other independent legal practitioners; (b) Accountants and Accounting firms ;(c) Trust and Company Service Providers ;(d) Estate Surveyors and Valuers ; (e) Mortgage Brokers ; and (f ) Non-Profit Organisations. And also to businesses including; (a) dealers in precious stones and metals ;(b) dealers in Real Estate, Estate Developers, Estate Agents and Brokers; (c) hospitality Industry; (d) Consultants and Consulting Companies; (e) Construction Companies ;(f ) importers and dealers in cars or any other automobiles ; (g) dealers in mechanized farming equipment and machineries ; and (h) practitioners of mechanized farming.

On 15 December 2016, came the Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and Other Related Matters) Regulations, 2016. This 2016 Regulations was made by the Minister of Industry, Trade and Investment, following powers created by the Money Laundering (Prohibition) Act 2011. By the 2016 Regulations, the list of Designated Non-Financial Institutions (DNFI) was expanded to include pool betting and lottery businesses.

By the 2016 Regulation, the list and meaning of Designation of Non-Financial Institutions (DNFI) includes dealers in jewelry, cars and luxury goods, Precious stones and metals, Real estate, Estate developers, Estate surveyors and Valuers, Estate Agents, Chartered accountants, audit firms, tax consultants, clearing and settlement companies, legal practitioners, hotels, casinos, pool betting and lottery business, supermarkets and such other business as undertaking as other businesses as the Federal Ministry of Trade and Investment or appropriate regulatory authorities may from time to time designate.

The Special Control Unit against Money Laundering (“SCUML”) of the Federal Ministry of Industry, Trade and Investment is empowered by the Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and Other Related Matters) Regulations 2013, to register and monitor the activities of Designated Non-Financial Institutions (DNFI) in Nigeria, in collaboration with the Nigerian Financial Intelligence Unit (NFIU) and other professional bodies and regulators. DNFIs are expected to establish robust internal control and compliance mechanism, Customer Due Diligence Measures and making appropriate reports to SCUML. In reality and for operational convince, the SCUML is domiciled in the EFCC.

As earlier mentioned, although legal practitioners are listed both by law and regulations as professionals that need SCUML certificate, the professional body of lawyers (Nigerian Bar Association) has obtained a valid court judgement against this requirement. The duties expected of legal practitioners under the Money Laundering (Prohibition) Act and its related Regulations, translate to lawyers divulging sensitive information about their clients. These are privileged information offered to lawyers under the Client-Lawyer Relationship and cannot be breached except in special circumstances. This is part of the fundamental human rights of a client; “Right to Private and Family Life”. Click to read more on the judgement protecting lawyers from SCUML Certificate.

My authorities are:

1. Section 37 of the Constitution of the Federal Republic of Nigeria 1999.
2. Sections 1, 2, 5, 6, 25 and 26 of the Money Laundering (Prohibition) Act 2011
3. Section 1, 40 and 41 of the Terrorism (Prevention) Act, 2011
4. Section 1, 4, 14, 14 and 20 of the Terrorism (Prevention) (Amendment) Act, 2013
5. The Central Bank of Nigeria (Anti Money Laundering and Combating of Financing of Terrorism for Banks and Other Financial Institutions in Nigeria) Regulation 2013.
6. The Nigeria Securities and Exchange Commission (SEC) and National Insurance Commission (NAICOM) AML/CFT Regulations for their respective operators.
7. Regulations 1, 2, 4, 33 and 34 of the Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and Other Related Matters) Regulations, 2013
8. Regulations 1, 2, 3, and 4 of the Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and Other Related Matters) Regulations, 2016
9. The Terrorism Prevention (Freezing of International Terrorists Funds and Other Related Measures) Regulations, 2013.
10. The National (Money Laundering & Terrorist Financing) Risk Assessment Forum, “NIGERIA ANTI MONEY LAUNDERING AND COMBATING THE FINANCING OF TERRORISM NATIONAL STRATEGY 2018 – 2020” (SCUML, 2018) accessed 24 August 2020.
11. Sections of 192 and 195 of Evidence Act
12. Rule 19(1) of the Rules of Professional Conduct for Legal Practitioners 2007
13. The judgement of the Federal High Court in the case of Registered Trustees of Nigerian Bar Association V. AGF & CBN (Suit No: FHC/BS/173/2014).
14. The judgment of the Court of Appeal in the case of CBN V. NBA & AGF (Appeal No: CA/A/202/2015).
15. The Nation, “Court Restraints Fed Govt, CBN SCUML from Enforcing Money Laundering Act on Legal Practitioners” (The Nation, 23 December 2014) accessed 23 August 2020
16. Toyin Nwiido, Interview with Ogwemoh Sylva, SAN (Commercial Law Development Services, July 2018) accessed 22 August 2020.

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Police Parade Killers of Uniben Student, Uwaila

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The Edo State Commissioner of Police, Mr. Johnson Kokumo, yesterday paraded six suspects who allegedly raped 100-level Microbiology student of University of Benin, Uwaila Vera Omozuwa in a church in Ihovbe quarters in Benin City which led to her death.

The suspects arrested are Nelson Ogbebor, Akato Valentine, Mrs. Tina Samuel, Mrs. Mary Ade, Nosa Osabohien and Collins Ulegbe.

Late Miss Omozuwa was said to have gone to the church to read when the suspects went into the church, raped and inflicted a very serious injury on her that eventually led to her death days later in the hospital.

Kokumo said the police decided to intensify efforts in unraveling those behind the death of the student following the wide outcry it generated and also the interest put in by the Inspector General of Police.

He said, “The matter was of great concern to the Inspector General of Police, Muhammed Adamu who sent to us here in Benin, Homicide experts to work with our policemen at the State Criminal Investigation Department (SCID).

“What we are seeing today, is a result of the united efforts of the police to get at the root of the crime and today. I announce to you and making public through this medium that the perpetrators have been arrested”, he said.

Kokumo said the postmortem results confirmed that the said Uwaila Omozuwa was raped.

“The postmortem results had actually confirmed that she was raped”, he said.

He said he had earlier told the people of the state and Nigeria at large that the police would do all in their powers to unmask those behind her death adding that the parade of the killer suspects has made good their promise.

“I assured the good people of Edo state that we will leave no stone unturned to unravel the mystery behind this”, he said.

Where An ‘Accused’ Person Sets Up A Defence Of Non Est Factum In Relation To A Confessional Statement, Is Trial Within Trial Necessary?

By Chioma Angela Okeke

A trial within trial (TWT) is merely a distinct and separate proceeding to determine the admissibility of an alleged confessional extra judicial statement, which an accused person alleges was not voluntarily made. The need for a TWT usually arises during a criminal trial in Court where the defendant objects to the admission of a confessional statement allegedly made by him to the police on the ground that the said statement was not voluntarily made by him having been obtained under duress or some threat of whatever nature or intimidation or actual physical torture to his person. [1]

The Court at this stage temporarily halts the trial and conducts a mini trial within the context of the main trial to try to determine the veracity of the account of the defendant as to whether his statement to the police was voluntarily made or not. TWT takes the form of a normal trial as witnesses are called to give evidence and are subject to cross examination by the other side. Afterwards, the Court proceeds to write a ruling either admitting the statement of the accused or rejecting same after which the main trial temporarily suspended, continues.[2]

What then happens when an accused person sets up a defence of non est factum in relation to a confessional statement i.e. denies making a confessional statement? Here, the accused is not saying that he was coerced or induced to make the statement at the police station, but that he did not make any statement at all or that the contents of the document is alien to him. In Isah & Ors v. State,[3] the issue was whether denial of making a confessional statement is synonymous with alleging that it was involuntarily made or obtained, and, whether mere denial of the confessional statement renders such statement inadmissible?

In that case, the court per Orji-Abadua, J.C.A at pages 26 – 27 paragraph E stated thus:- “It is a known principle that an involuntarily obtained statement admitting commission of crime or confession cannot be used in prosecuting an accused person. Such a statement is inadmissible both because it is likely to be unreliable and because of society’s aversion to forced confession, even if true. It is clear as crystal that denial of an alleged confessional statement is, not in the least, the same as alleging that it was made without the volition or free will of the accused. Therefore, the law is that a confession or an admission by an accused of the commission of the offence with which he is charged is not rendered inadmissible in evidence merely because the accused, at the point of tendering the said statement or during his examination in chief or cross-examination denied ever making such statement. A confessional statement is rendered inadmissible if the accused claimed he was coerced into making the same, and, a trial within a trial was conducted during which he was able to prove to the Court the frightful circumstance under which the said statement was obtained from him.”

In Akpan v State (2008) 14 N.W.L.R Part 1106 page 72 the Supreme Court at pages 97 and 98 paragraphs. H-C, per Ogbuagu, J.S.C., stated thus:

“When the learned Counsel for the appellant objected to the tendering of what has been described by him in the appellant’s Brief, as “purported confessional statement of the appellant”, on the ground that the signature thereon, was not that of the appellant and that the appellant was seeing the document for the first time – i.e. that he never made the statement, in my respectful view, a trial within trial, should not have been conducted. This is because, trial within the trial is ordered and conducted where the voluntariness of the making of the statement by an accused person, is in issue or raised by an accused person.”[4] In Isah & Ors V. State,[5] the Court per Per Orji-Abadua , J.C.A ( Pp. 27-30, paragraphs. F-B ), stated thus:

“As I observed earlier, there is nothing on the record suggestive of the fact that the admissibility of those Exhibits was objected to based on their involuntariness which would have necessitated the trial Court holding a trial with a trial or conducting an investigation in respect thereof, and that being the case, I am, therefore inclined, in the light of the above principles, to hold that the trial Court was not wrong in admitting Exhibits 1, 1(A), 2, 2(A) and 5 and 5(A) in evidence as confessional statements of the Appellants.”

In view of the foregoing authorities, where an accused person is  merely disputing the correctness of the  contents of a written statement or that he did not make or sign the  confessional statement at all, it is not necessary  to have a trial within trial. The  court will admit the document and decide the weight to be addressed to it. The question of the weight to be attached to the contents of a statement which has been denied becomes an issue for the Judge to determine at the end of the trial.

[1]Dibia v State (2012) LPELR-8564(CA).

[2] Nweneke V. State (2019) LPELR-47018(CA).

[3] (2010) LPELR-5077(CA).

[4] Nsofor v The State (2002) 10 N.W.L.R. Part 775 page 274, per Ba’aba, J.C.A.

[5] (2010) LPELR-5077.

Written by Chioma Angela Okeke

#NBAAGC2020: : Blair Lists Conditions For Nigeria’s Development

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A former British Prime Minister, Tony Blair, on Wednesday, listed three pre-requisites for a nation to attain greatness.

They are rules-based economy, human capital development and strong institutions.

Blair however pointed out that for the conditions to thrive there must be rule of Law, which he described as “absolutely vital.”

The former prime minister spoke at the Nigeria Bar Association 60th annual conference on Wednesday.

He advised that for Nigeria to move from a third world status to a developed nation, it must meet the three development parameters and develop its “infrastructure and good power generation system”.

His words: “If you ask, what does a nation have to do to be successful today? I think there are three prerequisites:

“First of all you have to have rules based economy which involves a predictable environment for investment, a climate for enterprise and business that rewards hard-work that enables companies to grow and where the infrastructure that is built in the country goes to support electricity, roads, rail, etc.”

Thenigerialawyer

Bulgarian Justice Minister Resigns Amid Anti-Graft Protests

Bulgaria’s Justice Minister Danail Kirilov has tendered his resignation, the government press office said on Wednesday, amid criticism of his efforts to stem corruption.

Prime Minister Boyko Borissov, under street pressure to quit himself, will discuss whether to accept Kirilov’s resignation with his junior coalition partners in the centre-right government, the press office said in a statement.

Kirilov’s resignation is unlikely to quash street protests that have been taking place daily since July, seeking the ousting of Borissov and Chief Prosecutor Ivan Geshev over their perceived failure to combat high-level graft.

Bulgaria, which joined the European Union in 2007, remains its poorest member. It ranked as the bloc’s most corrupt state according to anti-graft think-tank Transparency International.

“His resignation is not going to stop the protests. If anything, it may give protesters the feeling their actions have an impact,” said Hristo Ivanov, leader of an opposition liberal Yes Bulgaria party, which actively supports the protests.

Kirilov has been criticised for failing to push reforms to streamline graft-prone judiciary and for refusing to nominate a candidate for chief prosecutor last year, leaving Ivan Geshev as the only nominee for the important post.

Kirilov was one of the authors of a new constitution that the ruling GERB party is proposing.

Thenigerialawyer