This matter of making the Stamp Duty (and by implication tax revenue) the next black gold has occupied my mind even long before I was appointed the Executive Chairman of the Federal Inland Revenue Service. I have thought that given the way the Nigerian economy has been experiencing some difficulties due to unpredictable shocks in the competitive international oil market, it would be economically wise that the country begins to activate its latent tax potentials such as the stamp duty which has long been neglected.
For me, the key to Nigeria’s economic prosperity is the tax revenue driven by Stamp Duties in the face of dwindling oil revenue.
Although, the Stamp Duty Act has been in place since 1939, not much attention is paid to it. Yet, if properly harnessed and administered it can be a goose that will lay the golden egg for the Federal Government. My optimism stems from the fact that Stamp Duty has the potential to yield tax revenue in the region of trillions of naira per annum.
For instance, after we carried out an analysis of transactions in the banking sector, we discovered that in 2019 alone the total volume of transactions both chargeable and non-chargeable was over N52 billion of which the total value of transactions was over N613 trillion. If you compute N50 Stamp Duty on the chargeable transactions, of course, your guess is as good as mine.
Presently, feelers from certain quarters have it that if the records of stamp duties on chargeable transactions from the year 2000 to present were to be scrutinised it would be discovered that trillions of unremitted stamp duty revenue are realisable.
Thus, I feel excited when recently the President and Commander-in-chief of the Armed Forces of the Federal Republic of Nigeria, Muhammadu Buhari inaugurated the Inter-ministerial Committee on the Audit and Recovery of Back Year Stamp Duties. This is an important step towards diversifying the Nigerian economy.
It is obvious that oil revenue has contributed greatly to the various infrastructural developments so far achieved in the country. These developments are noticeable in all sectors of the economy, and they are too many to be accounted for in this short piece. Yet, despite this seeming developmental leap, Nigeria has progressively slid into an import dependent economy from its prime position as an export economy prior to the discovery of oil in 1958.
For me, therefore, it is reassuring that Stamp Duty is an enduring tax type that can withstand any economic shocks because of the varied instruments on which it can be charged. The table below highlights the various instruments on which the Stamp Duty is payable.
FIXED DUTY INSTRUMENTS – AD-VALOREM INSTRUMENTS
Power Of Attorney (PoA)- Deed of Assignment Certificates of Occupancy (C of O) – Sales Agreement Proxy forms – Legal Mortgage or Debentures Appointment of Receiver – Tenancy or Lease Agreements Memorandum of Understanding (MoU) – Insurance Policies Joint Venture Agreements (JVA) – Contract Agreements Guarantor’s form – Vending Agreement Ordinary Agreements – Promissory Notes Receipts – Charter-Party Contract Notes
In addition to these instruments, any electronic receipt or electronic transfer, money deposited in any bank or with any banker or any type of account of an amount from N10,000 upwards shall attract a singular or one-off duty of the sum of N50. In the same way, Stamp Duty is payable on receipt (written, printed or in electronic form) for transactions or between corporate bodies or between a Corporate body and an individual, group or body of individuals, which value amounts to N10,000 and above.
This then is the hub of my optimism about making the Stamp Duty the next black gold for the Federal Government. Of course, this is not without its challenges. However, I am upbeat that my team and I are poised to scale the huddles, and to, as a matter of national interest and patriotic zeal, ensure that tax revenue, in deed, the Stamp Duty becomes the next black gold.
Nami, the Executive Chairman, Federal Inland Revenue Service, wrote from Abuja
With the enactment of Child’s Rights Act 2003(Act No. 26 of 2003) by the Federal Government of Nigeria, most states of the Federation have passed versions of it as their state Laws. Three years after the enactment of the Act, Oyo state passed into Law its own Child Rights Law 2006. Though the law was passed in 2006, the Family Court which is a significant creation of the Law never got operational force until July 2020, needful to state that the Family Court is pivotal to comprehensive implementation of the Law.
Section 150 of the Oyo State Child’s Rights Law 2006 (hereinafter referred to as “The Law”) introduced and established the Family Court of Oyo State (hereinafter referred to as “FCO”). The section provides that the Court shall be for the purposes of hearing and determining matters relating to children. This gives the FCO a seeming of specialised court, as it focuses on one particular subject of law. Before the inauguration of FCO, regular courts settle cases pertaining to children.
Civil Jurisdiction of FCO
Section 152 of the Law captures the general civil jurisdiction of FCO thus:
(1) Subject to the provisions of this Law and in addition to such other jurisdiction as may be conferred on it by any other law, the Court shall have unlimited jurisdiction to hear and determine:-
any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim in respect of a child is in issue;”
From the provision, the FCO has unlimited jurisdiction to determine applications dealing with the enforcement of legal rights of a child granted under the Law and any other valid law. Also, any issue where liability that may be incurred by persons having parental responsibilities over the child, privileges to be enjoyed by the child, interests of the child and obligations owed to the child are raised may be determined by the Court. Examining Sections 150 and 152 of the Law, it is clear that any civil case involving a child may be brought before the Court.
Issues relating to adoption, custody, guardianship and maintenance of the child (whether during the subsistence of marriage or post-dissolution) are to be adjudicated upon by the FCO. The Court as well has jurisdiction to make orders including emergency protection order, guardianship order, financial compensation order, maintenance order care order, child assessment order, contribution order, education supervision order, orders as to custody and others as provided by the Law.
Criminal Jurisdiction of FCO
FCO, as provided in Section 152(1) (b) of the Law shall subject to the provision of the Law and other jurisdiction that may be conferred on it by any other law, the court shall have unlimited jurisdiction to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by a child, against a child or against the interest of a child. This implies clearly that any crime involving a child shall be tried by the FCO, regardless whether the child is the actor of the crime or a victim.
However, the position of the Law regarding the criminal jurisdiction of the Court is highly conflicting. It can be said that the same law that gives FCO the power to determine all criminal proceedings pertaining to the Child strips it off the power indirectly at the same time. Section 163(1) of the Law states- no other Court, except the Court, shall exercise jurisdiction in matter relating to children as are specified in this Law. Strangely, Subsection 2 of the Section provides that the provisions of subsection (1) of this section shall not affect the jurisdiction of the normal criminal courts to try cases of offences by adult offenders as specified in Part III of this law and any other law. Part III of the Law specifies offences that can be committed against the Child or his interest.
Ordinarily with the Law, in an instance where an adult defiles a child, the FCO has the jurisdiction, being a case involving the Child. Counsel may successfully raise Section 163 Subsection 2 of the Law to make sure the case is tried in the regular Court. Whether adequate provisions will be made for protection of the child as provided by the Law throughout the proceeding is not totally assuring. With such situation, one of the purposes for which FCO has been established and the Child Rights Law enacted has been technically defeated.
Levels of Operation
Section 151 of the Law provides for two levels of operation for FCO which include: the High Court level which is a division of the High Court and the Magistrate level which serves as a Magistrate Court. Both levels are distinguished by their jurisdictional capacities. The FCO has jurisdiction on two forms of matters. They include- (1) Matters relating to the enforcement of rights of the child and; (2) Matters brought in respect of the child other than enforcement of rights of the child.
High Court level of the FCO is granted the exclusive jurisdiction by Section 153(4) to deal with all matters relating to the enforcement of rights of the child as set out in the Law and also those seeking redress by a child alleging that a right has been, is being or is likely to be infringed in respect of him. In addition, the Court has exclusive jurisdiction to deal with offences punishable with death or terms of imprisonment for a term of ten years and above, also, matters relating to a child where the claim involves an amount of fifty thousand naira and above, divorce, custody of the child and appeals from the Court at the Magisterial level.
At the Magisterial level as vested by Section 154(4), the Court has power to try offences and deal with all matters not specifically assigned to the Court at the High Court level. This makes the jurisdiction of FCO at the Magisterial level expressly residual. Matters to be brought to Magisterial level of FCO can only be matters brought in respect of the child other than enforcement of the Childs rights.
Constitution
Section 153(3) and Section 154(3) make provision in relation to the proper constitution of the High Court Level of FCO and Magisterial level respectively. The Family Court of the High Court level is duly constituted with a Judge and two assessors, one of whom shall be a woman and both has attributes of dealing with children and matters relating to children preferably in the area of child psychology education. The Magisterial level is properly constituted with a Magistrate and two assessors of the same qualification as that of the High Court level. Worthy to state that appointment of members of the FCO at all levels shall be done by the Chief Judge of the State.
Recommendations and Conclusion
The commissioning of the Family Court of Oyo State is a great step towards championing the cause of Child Rights advocacy in the State. Save only the conflicting provisions pertaining the criminal jurisdiction of the Court, cases involving the Child will be expeditiously determined. With the new development, more persons and bodies will rise to seek justice for the vulnerable or victimised children and processes will be expectedly done with greater force and alacrity unlike before.
For further effectiveness of the Court, the Chief Judge of the State as empowered by Section 162 of the Law may make rules regulating the procedure in the Court. Lagos State has the Family Court of Lagos State (Civil Procedure) Rules 2012 which regulate proceedings relating to the rights and welfare of the child. Great importance should also be attached to continuous training of personnel of the Court and even counsels, this will enhance the special competence they require to render excellent service towards seeking justice for the Child.
The location of FCO created is Ibadan and it is expected to serve the whole Oyo State. Cases in other parts of Oyo State will have to find their way to the Capital City which can pose inconvenience or discouragement on the part of the concerned. The judiciary can work on making the Court more accessible by bringing to force branches of FCO in other parts of Oyo State. The FCO is not an independent Court as it is not recognised by the Constitution of the Federal Republic of Nigeria 1999 (as amended), thus it remains a division of the High Court of the State.
The Academic Staff Union of Universities, (ASUU), has faulted the recent Bill passed by the National Assembly on sexual harassment and rape,describing it a design to victimize university lecturers.
ASUU insisted that the Rape Bill is ostensibly targeted at its members.
Prof. Biodun Ogunyemi, the National President of ASUU, expressed concerns at a Town Hall meeting on Monday, with critical stakeholders in Jos, noting that, the Bill passed by the Assembly, though, yet to be signed into law, does not go well with ASUU.
The Town Hall meeting was organized by the University of Jos chapter of the union.
Prof.Ogunyemi maintained that, the Bill is discriminatory and also targeted at the male lecturers.
According to him,” our reaction to that Bill is that, it is discriminatory and is targeted at male lecturers.
“We don’t want a situation, where male lecturers will begin to say they don’t want to teach female students, because they say we should not smile to female students.
“So a time may come, when male lecturer will say, we won’t teach female students, let them get female lecturers, let them get female supervisor.
“l’m not sure, we want that, and that is not also healthy for the society. Because at one point or the other, there will be a point of interface. So, what we are seeing is that, we have laws in the society, that already addressed issues of sexual harassment, issues of rape.
“Another form of victimization is that male students can also be raped in one way or the other and this has not been taken into account or has this type of bill passed.
“We went to the public hearing and we read our objections, well, we have not seen the newly passed bill, but, what we are told is that our views will be taken into account and we said, if they are laws in the society that already addressed the issues of harassment and rape, why are we duplicating efforts?”
Prof. Ogunyemi further argued that, “if it meant to cover all and some strata of the educational system, which means it could be a bill meant to cover all genders or both genders, male or female, which we have not seen. Our worries is that, all their talks is centred on the higher institutions, which should stop, because they are stigmatising and is like they are labelling lecturers as criminals or potential criminals.”
Ogunyemi said,” we can still raise our voices against that bill to ensure that it will promote equity, fairness and then, that is where we can have justice for all. We are against sexual harassment of our students. We do not support it in any forms.”
Foremost Abuja doctor and Chairman of Zankli Medical Center in Mabushi area of Abuja, on Prof. Loveth Lawson Monday morning died at the National Hospital, Abuja aged 72.
The retired Professor of Infectious Disease at Bingham University, Auta in Nasarawa State, studied and obtained a PHD in Tropical Medicine at the Liverpool University.
Prior to his retirement from the University in 2018, the Professor built and donated a sophisticated laboratory to Bingham University. Several researches and investigations from the Northern part of Nigeria have been carried out in the lab famed for its high tech equipment.
Prof. Lawson earlier practiced at New Crescent Hospital, Jos where he was Medical Director from 1977-1990. That was before he set up Zankli hospital in Abuja in 1990.
He and his wife, Funke (a Consultant Pediatrician) built Zankli Hospital to be the most consulted private clinic for children in the Federal Capital Territory
The cause of his death has not been made public.
One of his students wrote on social media: “This is just a shocker. A man full of wisdom and inspiration. One of the people in my life that makes practicing medicine worth it. You are truly an inspiration to medical students in Bingham. Your generosity was also inspiring. A father, husband, a Doctor, a man full of passion for teaching and engaging his students. I am thankful I had the opportunity to learn under you and know a little about you. May your soul rest in peace”.
The International Federation of Women Lawyers (FIDA) Nigeria Abuja branch implemented a two-part Spotlight Initiative project targeted at training other Civil Society Organizations.
The trainings which were successfully executed include:
Concept of Gender Based Violence, which held on the 23rd of June 2020. The training addressed salient issues on gender based violence, reproductive health rights and considered all relevant applicable laws. In attendance were CSOs like FHI 360, DEVATOP, LEDAP, and more.
The other was: Provisions on the National Action Plan on gender and government’s accountability for budget allocation and release and monitoring of the budget utilization. This held on the 10th of July 2020. In attendance were CSOs like WRAPA, WLI, SGBVRT, SOAR, etc.
Both trainings were successfully executed.
Meanwhile, as part of their commitment to supporting women and children, the Abuja branch of the organisation on the 11th of July 2020, partnered with their national body, FIDA Nigeria in distributing palliatives at Aso Pada Community in Mararaba: border settlement between Nasarawa and Abuja.
The Speakers of the 19 States of northern Nigeria have resolved to domesticate the Violence Against Persons Prohibition (VAPP) Act in their respective States.
A report from the spokesman of the Bauchi state assembly speaker, Comrade Abdul Burra on Sunday said that decision followed a briefing on the recent domestication of the VAPP Law in Bauchi state by his Principal, Rt. Hon. Abubakar Suleiman at the Northern Speakers Conference which took place in Kaduna.
A communiqué signed by the speaker of Gombe state house of assembly, Rt Hon. Abubakar Sadiq Ibrahim, the Chairman Communiqué Committee of the Conference, the speakers resolved to domesticate the VAPP Act in all northern states with cognizance to administration of criminal justice.
According to the Communique, the speakers also expressed concern on the insecurity bedevilling the northern part of the country.
“While commending the efforts of Mr President, state governors and security agencies, we appeal to the federal government to redouble its efforts in curbing the insecurity in northern Nigeria as security of lives and property is our primary objective”, the communiqué read. On the COVID-19 pandemic, the Speakers agreed that it is real and appreciate Federal and States Governments for preventing and containing the widespread of the deadly virus.
While appealing to the federal government to provide more testing kits to all states and local governments of the country, the Forum call on all state assemblies to continue to observe NCDC’s protocols to fight the disease.
The Speakers commended President Muhammadu Buhari for signing the Executive Order 10 for financial autonomy to state legislatures and judiciary which they described as timely.
They equally commended the federal government’s N-power scheme and other related programmes to empower youths and alleviate poverty.
Burra said that the Communiqué further explained that the speakers unanimously resolved to work in conformity with the legislative agenda provided by each assembly for the year 2019-2023.
For lawyers, inspiration needn’t come from just within the legal world. We look at how looking further afield at individuals outside the law can help galvanise your legal career.
As a young lawyer, it is not uncommon to aspire to be like the idealised legal professionals we see on TV or in films, but there are many inspirational individuals beyond the world of law. We can draw on insight from every field, so why not venture outside the box to take a look at some successful businessmen and women? You might just gain some fresh motivation or a new perspective on the corporate world.
BILL GATES
Bill Gates is primarily known as the founder of Microsoft, currently the 71st largest company on Fortune Global 500 list. From March 2014 to July 2017, he was Forbes’ richest man in the world, which was actually after he had stepped down as Chairman and CEO of Microsoft completely. This well-known entrepreneur and billionaire can be admired for a lot of his clever career moves, but the most commendable is what he did post-Microsoft.
With the profits gained from building this innovative and successful corporation, he launched the Bill & Melinda Gates Foundation in 2000. Since resigning from Microsoft in 2014, Bill Gates has worked at the charity full time. The foundation has made a difference in so many areas of global development, that it’s difficult to choose one to focus on. Overall, the foundation aims to enhance healthcare, reduce extreme global poverty, and increase education opportunities. They donate money to other charities, work with government agencies, oversee funding, and invest in new methods of eradicating problems.
Zoning in on one example, of HIV in sub-saharan Africa, the foundation has “committed more than US$3 billion in HIV grants to organisations around the world”. They fund medical research and are committed to working towards an HIV vaccination. Increasing the accessibility of antiretroviral drugs in affected countries has led to a decrease in mortality rates, though there is still much work to be done. All aspects of humanitarism require legal work, which in turn has a significant impact on the developing world. So whatever the reason for deciding to venture down the path of becoming a lawyer, always bear in mind the broader work that can be done.
Denise Coates is a billioniare businesswoman, a role model for female lawyers as she made her wealth on the back of her own entrepreneurial spirit. Born into business as the daughter of Peter Coates (Chairman of Stoke City FC), Denise strove to become a successful business owner in her own right. She had experience working with bookmakers from a fairly young age, working her way up from the cashiers department (keeping record of payouts and marking up bets), to training as an accountant within the family business, to owning a small chain of shops, called Provincial Racing. Through smart investments and hard work, she took a big step towards her own dynasty by acquiring a small betting chain, which led to her becoming the managing director of a betting shop estate.
While these betting shops were turning a profit, Coates was working behind the scenes on an online betting site, for which she bought the domain bet365. For a year she worked on perfecting the site so when it eventually launched in 2001, it was already set for success. She ended up selling the betting estate to Coral for a hefty sum which helped fund the move to the online site. Coates bought and sold at the right times and created something innovative and new, predicting market trends.
Denise persuaded her brother, a lawyer himself, to get involved as co-CEO. In an interview, Denise remarked on the capital needed to finance the new site, saying “We knew the industry required big startup costs but… we gambled everything on it. We were the ultimate gamblers, if you like.”
As defined by Oddschecker, bet365 has become a “betting behemoth”, generating millions in monthly revenues. As of 2017, Denise Coates is the UK’s highest paid boss, which is massively empowering for women in business, a good aspirational figure for young female lawyers. In recent decades, female representation has significantly improved in the legal sector, however the number of female barristers still falls behind that of their male counterparts.
“Not only did she pioneer the tabloid talk show, spawning a thousand imitations, but through it, she also popularised the emotional, empathetic, intimate communication that we now demand from figures in public life and even politics.”
Unlike Gates and Coates, Oprah was not born on a path destined for success. Her parents had little to do with her early upbringing, so she spent the first 6 years of her life in poverty, living with her grandmother. Her grandmother was strict and made sure Oprah could read and write at a very young age. She began ‘play acting’ to the animals on the farm, and this began a life passion for talk-performance.
When Oprah was 6 years old, she moved to live with her mother in a poor and dangerous Milwaukee ghetto, which left her vulnerable and subject to sexual abuse from the age of 9. She had an extremely tough childhood and truly made it through hard work, studying and motivation. At 12, she was earning her own money by making speeches at social gatherings and churches. Oprah knew from a young age she wanted to be ‘paid to talk’, and went above and beyond achieving this goal.
Through being a dedicated and committed student, Oprah was awarded a scholarship to Tennessee State University. It was there that she was given the opportunity to turn her talent into her career. She joined different societies and clubs, read afternoon news on a local radio station, became Miss Tennessee and Miss Black Nashville, and was invited to a White House conference on youth, before ultimately being offered a job at CBS. People recognised the work that Oprah had put into her art and success followed. At 19 years old, Oprah had become Nashville’s first African American female co-anchor of the evening news.
Oprah’s background is tragic, motivational and inspiring. The hard work she put in from such a young age resulted in her pioneering more than just the tabloid talk show. She has always given minorities a voice, proving that you can still make it without a silver spoon. Hard work can take you to places far beyond where money can take you. Being the best talk show host, business woman or lawyer depends more on your commitment, your hard work and character, not how much money you have to begin with. That is an important lesson to drive you towards any success, and one that Oprah herself tells others in her motivational speeches. It is not about ‘what roles you take on’ but a deeper question of ‘who you are’.
Whether you’re training to be a lawyer, or you’re newly qualified, it can be completely overwhelming and your goals can feel out of reach. It is important sometimes to look outside the law bubble, to the many people out there, who you can take inspiration from. Of course, researching talented lawyers and important cases is valuable, but there is a lesson to be learned from every success story. After all, looking above and beyond what is right in front of you is what being a lawyer is all about.
If you’re aiming to be charitable, entrepreneurial, or motivational on your own success story, never forget the important lessons to be learned from others.
According to Black’s Law Dictionary ninth edition, plea bargain is a negotiation between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offense or to one of multiple charges in exchange for some concession by the prosecutor, usu. a more lenient sentence or a dismissal of the other charges.
It is also important to emphasize that plea bargain was alien to criminal justice administration in Nigeria but was introduced into our justice system by the virtue of Section 14(2) of the Economic and Financial Crimes Act, the said Section provides thus: “Subject to the provisions of Section 174 of the Constitution of the Federal Republic of Nigeria 1999 (which relates to the power of the Attorney-General of the Federation to institute, continue, takeover or discontinue criminal proceedings against any person in any Court of law), the Commission may compound any offence punishable under this Act by accepting such sum of money as it thinks fit not exceeding the maximum amount to which that person would have been liable if he had been convicted of that offence.
Plea bargain as a concept originated from the American jurisprudence and became established in the case of Robert M. Brady v. United States 397 U.S 742 (90 S. Ct.1463, 25 L.Ed. 2d 747). Permit me to state that plea bargain can be said to be a form of pre-trial negotiations between the Defendant and the prosecution during which the Defendant agrees to plead guilty in exchange for certain concessions by the prosecution.
Plea Bargain is a deal offered by the prosecutor to induce the defendant to plead guilty in-order to avoid the full trial which might takes years. It is my humble believe that in an attempt to reduce the delay in disposing criminal cases, the National Assembly introduce plea bargain by virtue of Section 14 of the Economic and Financial Crimes Act as an alternative method to deal with huge arrears of criminal cases.
The arrangement usually involves the prosecutor, the accused and the court. The parties negotiate, subject to the approval of the court. Lagos State was the first state to localize the plea bargain system in Nigeria. Sections 75 & 76 of the Administration of Criminal Justice Law of Lagos State provides as follows: 75. Notwithstanding anything in this law or in any other law, the Attorney-General of the State shall have the power to consider and accept a plea bargain from a person charged with any offence where the Attorney-General is of the view that the acceptance of such plea bargain is in the public interest, the interest of justice and the need to prevent abuse of legal process and 76.(1) The prosecutor and a defendant or his legal practitioner may before the plea to the charge, enter into an agreement in respect of- (a) A plea of guilty by the defendant to the offence charged or a lesser offence of which he may be convicted on the charge. (b) An appropriate sentence to be imposed by the Court if the defendant is convicted of the offence to which he intends to plead guilty. (2) The prosecutor may only enter into an agreement contemplated in subsection (1) of this Section- (a) after consultation with the Police Officer responsible for the investigation of the case and if reasonably feasible, the victim and (b) with due regard to the nature of and circumstances relating to the offence, the defendant and the interests of the community. (3) The prosecutor, if reasonably feasible shall afford the complainant or his representative the opportunity to make representations to the prosecutor regarding- (a) the contents of the agreement, and (b) the inclusion in the agreement of a compensation or restitution order (4) An agreement between the parties contemplated in subsection (1) shall be in writing and shall be signed. (5) The presiding Judge, or Magistrate before whom criminal proceedings are pending shall not participate in the discourse contemplated in subsection (1): Provided that he may be approached by the counsel regarding the contents of the discussions and he may inform them in general terms of the possible advantages of the discussions, possible sentencing options or the acceptability of a proposed agreement. (6) Where a plea agreement is reached by the prosecution and defence, the prosecutor shall inform the court that the parties have reached an agreement and the Presiding Judge or Magistrate shall then inquire from the defendant to confirm the correctness of the agreement.
The apex court of the land when enunciating the concept of plea bargain in the case of PML (NIG) LTD v. FRN (2017) LPELR-43480(SC) held thus:
Plea bargain boils down to a negotiation between an Accused and the Prosecution, in which the Accused agrees to plead “guilty to some crimes in return for reduction of the severity of the charges, dismissal of some of the charges, and the Prosecutor’s willingness to recommend a particular sentence or other benefit to the accused.
Though the question been raised in some quarters is whether plea bargain has not derogated from the concept of not allowing any person who has break the law from going scot free, the court in the case of PML (NIGERIA) LTD v. FRN (2014) LPELR-22767(CA) at the court of appeal of the above earlier mentioned case, the penultimate court stated thus:
The concept of plea bargain has in no way derogated from the purpose or objective of criminal prosecution given the fact that before an accused can benefit from the arrangement the accused in question must plead guilty to some form of offence and of course be convicted for what he has pleaded guilty to.
It is on the premises above I conclude this piece of mine that the concept of plea bargain is a welcome development to our jurisprudence, but we always forget when coping some of all this laws to check our domestic affairs and the attitude of our people towards certain idea before incorporating verbatim, modification where necessary should be looked into before passage. I realized that since the dispensation of Ibrahim Magu as the Acting Chairman of the anti-graft commission he has put a stop to the commission putting forward plea bargain unless introduce by the court, this is the unforeseen circumstances that our laws always face, we must strive to improve on the legislature so that one man who wakes up on the wrong side would not determine the tone of the law.
Adedayo Samuel Adesheila is an Associate in the law firm of Neplus Ultra.
Every now and again we like to write something to put a smile on your face. That’s why this week, we’re giving pricing and legal project management a break. Instead. we’ll be running through five of our favourite court judgements of all time. So grab a biscuit and a nice cup of tea and avoid your emails for half an hour.
To golf, or not to golf
That is the question. Or it sort of was. In this instance, the case before the court was to determine whether walking was integral to the game of golf. Casey Martin, a professional golfer, was born with a syndrome that prevented him from walking long distances. Unfortunately, when he applied to take part in a tournament with the use of a buggy instead of walking, the PGA turned down his request. In their words, it would give Martin an advantage and walking was an important part of the game of golf.
Enter Justice Antonin Scalia, to deliver a withering assessment of the PGA’s discriminatory practices. Ouch.
“We Justices must confront what is indeed an awesome responsibility. It has been rendered the solemn duty of the Supreme Court of the United States … to decide What Is Golf. I am sure that the Framers of the Constitution … fully expected that sooner or later the paths of golf and government, the law and the links, would once again cross, and that the judges of this august Court would some day have to wrestle with that age-old jurisprudential question, for which their years of study in the law have so well prepared them: Is someone riding around a golf course from shot to shot really a golfer? “
In this instance the details of the case come second to the format of the verdict itself. Namely, that the judge wrote his verdict in the form of a limerick. Clearly the judge could do with polishing his skills as the first two lines don’t really rhyme. Perhaps stick to the day job?
Some farmers from Gaines had a plan. It amounted to quite a big scam. But the payments for cotton began to smell rotten. T’was a mugging of poor Uncle Sam.
Number three on our list also makes the cut more for format than the case being argued. In this instance a High Court judge in India handed down a verdict so convoluted it was returned by the Supreme Court. To be honest, we’ve been puzzling over the meaning of the following passage for about an hour. Anyone care to shed some light?
“The summum bonum of the aforesaid discussion is that all the aforesaid material which existed before the learned Executing Court standing slighted besides their impact standing untenably undermined by him whereupon the ensuing sequel therefrom is of the learned Executing Court while pronouncing its impugned rendition overlooking the relevant and germane evidence besides its not appreciating its worth. Consequently, the order impugned suffers from a gross absurdity and perversity of misappreciation of material on record.”
One can imagine the life of a judge could become boring. Listening to defendant after defendant and lawyer after lawyer as each side tries to argue their case. Thankfully, some judges like to use their judgments as a way of livening proceedings. If only for those paying attention.
Take the case of Grille v San Antonio. In it, the state of San Antonio was trying to prevent exotic dancers from wearing anything less than a bikini top. When a club attempted to secure an injunction to prevent the cities from enforcing this rule they verdict was a heaven of double entendre. Sadly the plaintiffs we’re unsuccessful. Highlights of the judgement, however, include:
“Should the parties choose to string this case out to trial on the merits, the Court encourages reasonable discovery intercourse as they navigate the peaks and valleys of litigation, perhaps to reach a happy ending.”
and
“An ordinance dealing with semi-nude dancers has once again fallen on the Court’s lap.”
Our final entry, as the name suggest, didn’t even make it to court. A dispute scheduled for trial was instead settled out of court. In response, Justice Martin Sheehan of Kentucky, wrote a cancellation order of such enthusiasm that it deserves a spot.
Judge Sheehan noted that the news made him “happier than a tick on a fat dog because [the Court] is otherwise busier than a one-legged cat in a sandbox and, quite frankly, would have rather jumped naked off a twelve-foot stepladder into a five-gallon bucket of porcupines than have presided over a trial of the herein dispute, a trial which, no doubt, would have made the jury more confused than a hungry baby in a topless bar and made the parties and their attorneys madder than mosquitoes in a mannequin factory.”
A young man named George had surgery to correct an ugly scar on his hand. The surgeon grafted skin from George’s chest onto his hand… except George had a hairy chest…so now he had a hairy hand as well. George sued the surgeon and was awarded “the difference in value between a 100 per cent good hand… and a hairy hand.”
You won’t believe these lawsuit stories are true—but they truly are!
Poetic justice
Judges have latitude when it comes to how they write their opinions and some run with it. For example, here’s how Justice Goldberg (a federal appeals court judge in Texas) began his 1986 opinion in the case of United States v. Batson:
Some farmers from Gaines had a plan. It amounted to quite a big scam. But the payments for cotton began to smell rotten. T’was a mugging of poor Uncle Sam.
Justice Goldberg keeps up the hilarity right until the very end, even as he breaks the bad news to the farmers: they’re still in big trouble.
Party on, Garth
“After an extreme close-up review of the record and excellent authorities, the court enters the following order.” So begins the opinion of Federal District Judge Paine in Noble v. Bradford Marine, a clear shout-out to the hilarious film, Wayne’s World. The first section is captioned, “Hurling Chunks.” The last: “A Schwing and a Miss.” In between, Judge Paine calls the defendant’s case “bogus” and “not worthy” and ultimately denies the defendant’s motion with a curt, “Party on.”
The ole stiff shoes excuse
More legal hilarity comes from Frank Caprio, Providence’s Chief Municipal Judge in Rhode Island and now the star of Caught in Providence, who, “judging” by the stories he recently shared with Reader’s Digest, has clearly has heard everything. For example, a man charged with speeding actually told Judge Caprio that he didn’t realize he was speeding because he was wearing a stiff, new pair of shoes and couldn’t feel how hard he was pressing on the gas.
TMI
Another man accused of speeding seemed really, well, anxious, as he stood before Judge Caprio. “Is there something you want to say?” Judge Caprio asked the man. “Actually, yes,” the man replied. “My wife and I are trying to have a baby, and she’s ovulating right now.” What could be said beyond, “Thank you for sharing”?
The Heimlich “maneuver”
Another man stood before Judge Caprio defending himself for having parked in a handicapped spot, despite not having a sticker or a visible handicap. The man claimed he’d meant to park for just a moment to go into a restaurant to bring his mother a glass of water (she was dehydrated, he explained). But when he was on his way out, he saw someone choking and felt obliged to administer the Heimlich maneuver. The only problem was when Judge Caprio asked him how one does the Heimlich maneuver, the man had not a clue. Guilty as charged!
Well, that was awkward
In the “Only in Rhode Island,” category, Caprio tells Reader’s Digest that everyone knows everyone in the tiny New England state, and sometimes it gets super awkward. For example, one time a guy came in for a hearing on a parking ticket. So far so good… until his lawyer showed up. The lawyer, who was the husband of the defendant’s ex-wife, was also the former governor of Rhode Island. Spoiler alert: it turned out the parking ticket was issued in error, so everyone went home happy (except the police officer who wrote the ticket).
“The dumpster made me do it”
Judge Caprio recalls the time a woman argued against a parking ticket she’d received for parking in what had clearly been marked a loading zone. Not only was the sign clear on that, but the woman said she typically parked legally in an adjacent spot.
“So why not park legally this time?” the judge asked.
“Because a dumpster parked in that spot. So I took the spot the dumpster should have taken.”
She had to, hm? She also had to pay her parking ticket…obviously.
Sparkling wit
Speaking of funny judges, Judge Rosemarie Aquilina had us in tears when she told us about an exotic dancer who, having pleaded guilty on a drug charge, was sentenced to wearing an ankle monitor. Just a few days after sentencing, however, the woman was back in the courtroom, seeking an exception because the ankle monitor was kind of “ruining her vibe” at the strip club. In response, Judge Aquilina offered a veritable Solomon-esque solution: “Bedazzle that thing to match your outfits. Motion denied.”
Up the down hairdo
Attorney Allison Margolin, partner at Margolin Lawrence, has her own rather amusing drug-related story, only her is from the other side of the bench. “I was defending a criminal client on a drug charge,” she tells Reader’s Digest, “and I smelled pot in the courtroom.” Weirded out, she kept looking around trying to determine where it was coming from. She even looked in her own purse to see if her client had used her as a “mule.” No dice… until Margolin got home and took down her hair. “My client had stuck a joint in my up-do,” she realized.
The “end” of a promising career
Alex Ozols, founder of Personal Injury Lawyers San Diego, fervently hopes that this anecdote did not prove to be career-“ending” for the intern it involved. “I was working in criminal law and had a case where a man had set up cameras to watch women go to the bathroom,” he tells Reader’s Digest, “and oh, by the way, what he really liked was to watch them making… Number 2.” The D.A. provided Ozols and his team with videos, which went to an intern to review. “Poor kid had to watch four hours of bowel movements,” Ozols explains. Hopefully, the story had a happy “ending.”
The Ex Files
Jonathan Rosenfeld, founder of Rosenfeld Injury Lawyers, tells Reader’s Digest, “I get a ridiculous amount of correspondence from people wanting to sue their exes for allegedly giving them STDs.” Oh? Do tell, Counselor. “I always tell them it’s difficult to prove they contracted it from a specific person, and their response is almost inevitably to send me a photo of the affected area.” As if that would establish the connection!?
There’s a difference between an actuary and a psychic
When Arkady Frekhtman, founding partner of Frekhtman & Associates, had a personal injury case involving an injured young man, winning a big judgment hinged on the young man having a life expectancy of 87. So Frekhtman called in an actuarial expert. When all was said and done (and won), the client asked to be put in touch with the expert. Why? Because he wanted to know exactly when he would die and how… as if the expert were a psychic and not an actuary.
Against attorney advice
Scott Trout, a leading divorce attorney with Cordell and Cordell, had a client who claimed he wasn’t making enough money to afford to pay spousal support. The thing was, the guy was a CEO of a big company and clearly could afford it. Nevertheless, the guy insisted on making the claim, and the day of the trial, he came to court dressed in dirty work clothes and testified he worked as a landscaper and barely made ends meet mowing lawns for a living. It did not go well.
Nothing like getting a Christmas delivery from a gang member
Sheryl A. Sanford, a partner at Black Marjieh & Sanford LLP, has done quite a bit of criminal defense, which has led to some rather funny scenarios. For example, she once received a Christmas card with a puppy dog…from a Bloods gang member. Another time, she received an urgent message from a prisoner at Rikers. The only problem? He called himself “John Doe,” making it impossible for Sanford to call back.
Is a gourmet lunch an inalienable right?
Sanford’s partner at BMS, Lisa J. Black, has had some pretty out-there exchanges with her criminal defense clients as well. “This one guy thought the Department of Corrections was trying to turn him into a cyborg. Another came to me claiming the jail was violating his Constitutional rights by serving bologna sandwiches for lunch.”
There’s performing
Personal injury attorney Byron Browne tells Reader’s Digest of a woman who’d been injured in an accident and claimed she could no longer perform at work. While it may be true that there were some activities she could no longer perform, a private investigator unearthed a treasure trove of professional adult films the woman had shot since the accident, proving there’s performing, and then there’s performing, and this woman was performing just fine, apparently.
Feeling bullish
James Gray Robinson, a third generation trial attorney and self-proclaimed “cattle enthusiast,” was once hired by an insurance company to defend a farmer who was being sued for rear-ending a vehicle… with a bull, thus putting a whole new meaning to the notion of rear-ending.
He really tied one on
Attorney David Reischer, founder of LegalAdvice.com once had a client who was not into wearing business clothing. Not even business casual. This doesn’t always go over so well with judges, so Reischer tried to convince the man to at least wear a tie. Just this once. The client obliged…he showed up the next day wearing a huge clown tie!
Ever hear the one about the voir dire?
Voir dire, the process of jury selection, isn’t always “funny,” but here’s an exception. “I always ask the jury pool if they know of my law firm,” explains Adam Funk, a partner at the Potts Law Firm. This one time, an elderly woman raised her hand and volunteered she’d worked there as a secretary, albeit decades ago.”
That shouldn’t be a problem, Funk thought, but still had to ask if the long-ago job would in any way impact her ability to be impartial with Funk representing the firm.
“Well, I know your boss, and he’s a real jerk,” the woman said sweetly.
Juror, dismissed.
A family affair
Family law attorney, Russell Knight, still chuckles over this story of a woman who wanted help in proving who was the father of her child. What should have been a no-brainer, unfortunately, was a bit more complicated. Turned out, the child was the result of a one-night stand. The problem, however, wasn’t that she couldn’t locate the father. The problem was she could.
“Do you know any of his relatives,” Knight asked her.
“I know his brother.”
“OK, how do you know his brother?”
“He’s my husband.”
The “I Love Lucy” defense
Randolph Rice, founder of Baltimore’s Rice Law Firm, always appreciated slapstick comedy but never thought it would turn up in a case he was trying. “I was defending a woman on criminal charges, trying hard to convince the judge to sympathize with her, when the woman went to pour herself a glass of water from the pitcher on the defense table,” Rice tells us. “As she poured, the pitcher’s lid fell off… sending water everywhere.” At least the judge had a good laugh!
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