The Nigerian Bar Association Section on Public Interest Law (NBA-SPIDEL) is set to reinvent its membership database.

In an announcement made available to CITY LAWYER, the leading NBA organ for the promotion of public interest causes urged members to take advantage of the exercise to ensure that their information is captured in the section’s database.

Below is the full text of the announcement.

Good morning Sirs/Mesdames,

I trust that you are doing great.

This is to inform you that SPIDEL Secretariat is updating its members database and in view of this we kindly request members on this platform to click on the link below to provide the required information.

We look forward to cooperation.

Thank you

Edidiong Peter, Esq.
SPIDEL LIAISON OFFICER

CITY LAWYER

A senior advocate of Nigeria and chartered arbitrator, Prof. Paul Idornigie SAN at the weekend took a hard look at the controversial P & ID Case and concluded that the contract was fraudulent and poorly drafted.

Idornigie was speaking at the weekend in Abuja during the launch of the Janada International Centre for Arbitration & Mediation (JICAM) Rules 2020.

The foremost arbitrator whose paper was titled “Institutional Arbitration in Africa Post-COVID-19” stated that “the (P & ID) contract was fraudulent ab initio,” adding that “the contract was not properly drafted.”

According to Idornigie, the courts are not equipped to cure defective contracts, even as he urged arbitrators to “Africanize” arbitration by choosing Africa as the seat of arbitration in line with the “Africa Promise.”

On why Nigeria is not a leading arbitral centre and seat of arbitration, Idornigie who is also a member of the JICAM Governing Council said: “From my personal knowledge, most hearings in Nigeria are either held in hotels or law offices of the Legal Practitioners.  Such hearings whether domestic or international are not documented.  This probably accounts for the poor performance of Nigeria in this survey report.  This is without prejudice to the fact that issues of security, facilities, infrastructure and integrity of the Nigerian courts may also be factors responsible for the poor ranking of Nigeria in the continent.”

“The above lends credence to the establishment of JICAM.  JICAM is not only an arbitral centre but will perform arbitral services as it has its own Rules of Arbitration and Mediation.  These Rules are modern and comparable to other Rules like that of ICC and LCIA.  Indeed they are a blend of both.”

He stated that Nigeria’s legal framework would not adversely impact arbitral proceedings due to the advent of virtual hearings, saying: “Arbitration in Nigeria does not suffer the effect of the Evidence Act (s256(1)(a), the Constitution (s36(3) & (4) and the judicial pronouncements on hearing in public.  Prior to the COVID-19 pandemic, I have used Skype, audio and video-conferencing at JICAM and ICAMA, Abuja and LCA, Lagos.”

Continuing, he said: “However, quite unlike physical hearing, we must prepare adequately for virtual hearing.  This is the challenge post-COVID.  For African arbitration institutions to survive, they must have facilities for virtual hearing side by side  the existing facilities for physical hearing.  There are enough Protocols, Guidelines, Guidance Notes, etc on this as highlighted above.  Thus several issues will arise before, during and after the arbitral proceedings that must be carefully addressed.”

He warned that “The arbitral institutions that will survive are those with modern rules and facilities for both physical and virtual hearings.  The arbitrators that will be in business are those who are innovative, creative and digitally knowledgeable.”

In his remarks, former Chief Judge of the Federal High Court, Hon. Justice Ibrahim Auta said that he was “proud at the strides JICAM has recorded since its formal establishment in 2015. In keeping with its aim to promote a forum for the resolution of disputes, we have supported disputing parties in active reconciliation and resolution of their disputes.”

A fellow of the Chartered Institute of Arbitrators (UK), Justice Auta, who is also the Chairman of the JICAM Governing Council, stated that online dispute resolution (ODR) has witnessed a resurgence due to the COVID-19 pandemic, saying: “We have witnessed online giants utilize this mechanism in the resolution of buyer to customer disputes but we have failed to expand its use to the resolution of the common disputes. Perhaps this is an appropriate time to discuss the Rules we aim to launch, today.”

Noting that “parties with bad cases could easily frustrate such an attempt by withholding the consent to conduct such proceedings virtually,” Justice Auta, who was represented by Mrs. Diane Okoko, added that “we have equipped our center with state of the art facilities including high speed internet for this very purpose. In similar fashion, the Rules take care of numerous other issues which have been unclear in the arbitration space which I do not intend on boring you with today.”

On his part, the President of the National Industrial Court of Nigeria, Justice Benedict Kanyip who was the Special Guest of Honour stated that the Arbitration and Conciliation Act “does not apply in trade disputes,” adding that such disagreements are sui generis.

In his welcome address, former Nigerian Bar Association (NBA) presidential candidate, Chief Joe-Kyari Gadzama SAN said: “Indeed, while I consider it a huge privilege to have some of the best minds in the Alternative Dispute Resolution sector present at this event, I strongly believe that the launch of the JICAM Arbitration & Mediation Rules 2020 will usher in a new era in the realms of our Alternative Dispute Resolution engagements, which in the long run, will contribute significantly to the development of ADR both locally and internationally.”

According to Gadzama who is also a chartered arbitrator and fellow of the Chartered Institute of Arbitrators (UK), JICAM “was established in 2015 and commissioned by the then President of the Court of Appeal, Hon Justice Zainab Bulkachuwa, OFR, CON, as a dispute resolution center designed to promote a suitable forum for the resolution of domestic and international disputes,” adding that “JICAM is fully equipped with state-of-the-art facilities, with its rules and guidelines accommodating both ad hoc and institutional arbitration.”

Concluding, the leading litigator said: “I strongly believe that this comprehensive document will facilitate speedier, more effective and efficient arbitration cum mediation proceedings, which in the long run will promote the advancement and viability of Alternative Dispute Resolution in Nigeria and Sub-Saharan Africa.”

In his goodwill message, the President of Institute of Chartered Mediators and Conciliators (ICMC), Chief Emeka Obegolu, commended JICAM for unveiling the new Rules.

Noting that there are over 10 prominent Arbitration and Mediation institutions in Nigeria, the former NBA General Secretary said: “I believe the general hope is for these institutions to leave their mark in the dispute resolution landscape, and contribute to the effective resolution of disputes. However, to achieve this, there must be synergy of some sort between these institutions. We must see ourselves not as competitors, but as partners in this dynamic field of ADR.”

In a similar goodwill message, the Chairman of the Abuja Chapter of the Chartered Institute of Arbitrators (UK), Mr. Chinwendu Madumere noted that the institute maintains a robust relationship with JICAM, adding that the emergence of the centre would “bridge the gap of having a world class arbitration centre with appropriate facilities and Rules.”

The event was moderated by the JICAM Acting General Manager, Chimdindu Onyedim-Etuwewe while Bar. Lama Joe-Kyari Gadzama gave the vote of thanks.

By Mathew Dadiya, Abuja

The two-day Executive/Legislative retreat presided over by President Muhammadu Buhari has called on the ruling – All Progressives Congress (APC) to exercise more control on its members to enable it resolve crises that may arise. 

The advice came as Vice President Yemi Osinbajo noted that given the poor economic conditions of Nigerians and the poor state of infrastructure, it would be callous and irresponsible for the arms of government not to work together. 

In its 10-point recommendation read by Minister of the Federal Capital Territory (FCT), Mohammed Bello, at the end of the programme held on Tuesday at the Presidential Villa, Abuja, the parley also advocated respect for party leadership by its members. 

According to the recommendations, “the ruling political party should be encouraged to take ownership of its members to be able to reconcile them whenever conflict arises and members in both arms of government should show regard for the party and its leadership.https://galleria.com.ng/pushgalleriaads?q=201&i=56&ho=dailyasset.ng”

It called for a concrete understanding and working knowledge between both the Executive and Legislature just as it noted that an effective confidence building measure should be put in place in the governance process to ensure mutual respect and cordial relationship between the Executive and Legislature.

The parley further recommended the creation of an effective conflict management and resolution mechanism in resolving areas of disagreement between the Executive and Legislature in the overall national interest.

Other recommendations were that there should be modalities for better access, interfacing and engagement between the leadership of both arms of government, the NASS Committees and MDAs should be worked out by the SGF and NASS-Executive Liaison. 

“There should be regular pre-budget consultations between the Executive and Legislature particularly between the MDAs and NASS Committees, Ministry of Finance, Budget and National Planning and the appropriate Committee in NASS. 

“There is need for an effective communication and collaborative engagement to enhance and strengthen the relationship between the arms of government for the benefit of Nigerians. 

“The relationship should not be adversarial but complementary, thus, more interpersonal and informal relationship between heads of MDAs and NASS members should be encouraged.

“Operators in the arms of government should act with moderation and limit their sense of entitlement by placing public interest over and above personal and parochial interest.

“The Presidency should strengthen the capacity of the Executive Liaison Offices in the National Assembly.

“There is need for an organic budget law which will optimize the budgetary process so as to deliver effective and efficient service to the citizens.”

The summation from the retreat highlighted what it referred to as weak mechanism for conflict management and dispute resolution between both arms of government and limited consultation between them on critical governance issues such as policy initiation, programme implementation, planning, and legislative processes.

Other issues that arose from the parley include lack of clarity in communication and poor feedback mechanism leading to different and subjective interpretation of intent and purpose of the message. 

The retreat also pointed at limited understanding of the workings and internal processes of each arm of government by government operatives; lack of mutual respect between the Executive and the Legislature in the conduct of governmental business; and lack of and/or absence of pre-budget consultations and briefings between the Executive and Legislative branches of government making the budgetary process acrimonious. 

Others observed issues according to Bello are “the pursuit of personal interest as against national interest; ill-equipped and poorly resourced offices of Presidential Liaison Offices in the National Assembly;

poorly defined channels of communication between the executive and legislative arms and weak utilisation of the Offices of the SSA-Ps to the President in managing communication between Committees of the National Assembly and MDAs. 

“Limited participation of MDAs at public hearings organised by the National Assembly on critical bills to influence the process but choose to raise objections when the bill is transmitted for Presidential assent.

“The current operational budgetary process is sub-optimal; and political parties have not really played the fatherly role that is expected of it in managing the relationship between the Executive and the Legislature.”

In his closing remarks at the retreat, Osinbajo noted that the context within which the arms of government operate was important, noting that given the situation in the country, it would be callous and irresponsible if the different arms of government to work together to resolve the problems. 

 “The fact that we have all been here for two working days demonstrates our common commitment to collaboration. 

“Frankly, we have no choice if we are not to fail the Nigerian people who have given us this incredible  opportunity amongst millions of our compatriots to serve at this high leadership levels we occupy today”he said.

While noting that “this is all about Nigeria and Nigerians,” he added: “This is the context for our operations. Let me say that every generation of leadership must understand  context. Law itself  must be interpreted and implemented in context. What is the reality of the context that we operate in today? We all know, our nation has millions of extremely poor people, the COVID – 19 pandemic has worsened employment and poverty. 

“We have huge deficits in infrastructure, many children are out of school. If that is our context we will be callous and irresponsible if we don’t come together, work together to sort out these grave life threatening problems our people have to confront everyday.

“The dogmatic emphasis on procedural niceties is a luxury we cannot afford.  In any event, there is no pure practice of the doctrine of separation of powers. The Anglo American traditions that we hold on to in support of the separation of powers are not pure…so for example the US Vice President serves as the president of the Senate and presides over the Senate’s daily proceedings.”

Participants at the two-day event include President Buhari, Vice President Osinbajo, President of the Senate, Speaker of the House of Representatives, Deputy President of the Senate, Deputy Speaker of the House of Representatives, and Chairmen of Committees in the Senate and House of Representatives. 

Others were Members of the Federal Executive Council, Heads of Agencies and Senior Government officials including the management of the National Assembly. 

The Minister of Aviation, Senator Hadi Sirika, yesterday expressed belief that the ongoing Anambra State cargo airport project would be successful in serving the interests of the trading population of the state and its environs.

Sirika stated that airports could be viable if they are built with specific objectives in mind, and therefore, advised the state Governor, Chief Willie Obiano, to sustain the ongoing collaboration with the regulatory authorities to ensure that all regulations and guidelines for the construction and operation of airports are met.

The Aviation Minister made the appeal when he received the state governor in his office in Abuja.

Sirika, in a statement made available to journalists by the Director of Public Affairs, Ministry of Aviation, James Odaudu, commended the Anambra State Government for embarking on a cargo airport project that would positively impact on the economic development of the state and the South-east region at large.

According to him, “the Federal Ministry of Aviation and its agencies will always give the necessary guide and cooperation to states embarking on such projects in order to ensure that all internationally set standards are met.”

Earlier, Obiano had said the Anambra State International Cargo Airport located at Umueri would be ready for inauguration in April 2021, and that the state would be honoured to have him (the minister) perform the task.

Obiano said: “We are sure of the date because we have the money to compete it. We are not asking for any assistance neither are we taking any loan. I am here personally to brief you on the project and to invite you to unveil it for us in April 2021.”

Obiano told the minister that the decision to embark on the airport project was informed by the need to cater for the economic interests of the state and its environs.

The airport, he said, has the second longest runway in the country after the Murtala Muhammed Airport in Lagos, and is being built with the best available materials to guarantee a lifespan of 100 years.

“The airport is just a few kilometres from Onitsha town, the economic nerve centre of the South-east region. It is strategically located, and it is a worthwhile investment,” he said.

According to the governor, the construction of the airport has been guided by recommendations and guidelines of the Nigerian Civil Aviation Authority (NCAA) as it hopes to meet the best international standards.

Despite the claim by the presidency that those calling for restructuring are threatening the corporate existence of the country, the Northern Elders Forum (NEF) has thrown its weight behind other regional socio-political groups and prominent Nigerians, calling for restructuring following what it described as the failure of the country.

There have been renewed agitations for the country to be restructured to avoid its break-up with the General Overseer of the Redeemed Christian Church of God (RCCG), Pastor Enoch Adeboye, joining the fray at the weekend.

Adeboye spoke at a symposium alongside the Ooni of Ife, Oba Adeyeye Ogunwusi; former Governor of Cross River State, Mr. Donald Duke; and a former Minister of Education, Dr. Oby Ezekwesili.

The respected cleric had warned that it was either the country restructured as soon as possible or it broke up.

But the presidency in two separate statements said Buhari would not be pressured to make any decision that would not be in the interest of the nation, describing the calls as “recurring threats to the corporate existence of the country with factions giving specific timelines for the president to do one thing or another or else, in their language, ‘the nation will break up.”

Following what they described as the presidency’s “very uncouth and rude warning,” an elder statesman and chieftain of the apex Yoruba socio-political organisation, Afenifere, Chief Ayo Adebanjo; South and Middle Belt Leaders Forum (SMBLF); and the Pan Niger Delta Forum (PANDEF) had on Monday urged President Muhammadu Buhari to purge himself of dictatorial tendencies and be more tolerant of dissenting public opinion.

However, NEF yesterday joined these regional groups and advised Nigerians not to be tired of demanding the restructuring of the country.

The forum argued that the Nigerian state has failed in the management of security, insisting on the need to revisit the way the country is structured to provide security for citizens.

Speaking on a live television programme monitored in Lagos, NEF spokesperson, Dr. Hakeem Baba-Ahmed, insisted that the country must be restructured to address fundamental issues that ought to have been addressed since Nigeria gained independence.

He said: “The two basic functions of the state are to secure citizens and provide for their welfare. Now, the Nigerian state is failing in both camps. So, restructuring for us means addressing those failures and identifying ideas, suggestions, and changes that can actually fit into the process of improving them.

“Policing is a fundamental issue. Here in the north where I come from, you could spend three days with bandits ravaging communities and you will not see a single policeman. Something is wrong with the way the country is structured to provide security for citizens. So, we need to revisit some of these issues.”

The NEF spokesperson stressed that the Nigerian constitution must be revised to “deal with issues that divide Nigerians rather than unite them.”

He explained: “We need to look at our constitution, look at the way it provides for the Nigerian state, the federating units, allocate responsibilities in power, the works of vital institutions, or the failure of vital institutions to work and how we can improve them.

“When we make demands for the restructuring of the country, we are not necessarily saying that the government is deliberately causing the problems – they are cumulative issues, matters that should have been addressed a long time ago but they were not addressed. Nations must accept to revisit how they live.

“Nigerians have a right to ask for changes, for amendment, for improvement in the manner in which we live. There is nothing wrong with that. What is wrong is for the government to specifically say we don’t want to hear anything about restructuring.

“Right now, no one will dispute that the federal government carries too many responsibilities most of which it doesn’t discharge, has too many resources and is not well run. It has become a focus of intense competition – the type of competition that makes the political system unstable. Everybody wants the presidency. Everybody wants to go to Abuja. Abuja is everything. This is wrong.”

He added: “Many conferences whose recommendations have not been implemented need to be implemented.”

“We believe that Nigerians should never (be) tired about demanding that their country must be made to work. If the government is not going to do it on its own, it needs assistance. If it needs some pressure, we believe we can provide that pressure.

The Federal Executive Council (FEC) has approved the award of contracts for the rehabilitation and reconstruction of the Port Harcourt-Maiduguri eastern narrow gauge railway, with new branch lines and trans-shipment facilities.

The Minister of Transportation, Mr Rotimi Amaechi, made this known when he briefed State House correspondents on the outcome of the 18th virtual meeting of the Federal Executive Council.

The meeting was presided over by President Muhammadu Buhari at the Council Chamber of the Presidential Villa, Abuja, on Wednesday.

The Minister also revealed that the Council approved the construction of a new deep seaport in Bonny, under Private-Public- Partnership (PPP) programme and the construction of a railway Industrial park in Port Harcourt.

“The Federal Executive Council today, approved the award of contract for the rehabilitation and reconstruction of the Port Harcourt to Maiduguri Eastern Narrow Gauge Railway, with new branch lines and trans-shipment facilities.

“It also approved the construction of a deep seaport in Bonny under PPP and construction of a railway industrial park in Port Harcourt.

“The railway line will be at the cost of $3,020,279,549. The industrial park, which is under PPP, at no cost to federal government, will cost $241,154,389.31.

“The Bonny deep seaport will cost $461,924,369, at no cost to the federal government.

“The Port Harcourt to Maiduguri narrow gauge railway will have new branch lines: from Port Harcourt to Bonny and from Port Harcourt to Owerri are new lines.

“There is another connecting to narrow gauge to standard guage at Kafanchan.

“There is a branch line from Gombe or before Maiduguri to Damaturu and Gashua. That’s what has been approved,’’ he said. (NAN)

…Suspect, accomplice, to be charged to court after Investigation – EFCC

The Nigeria Customs Service, Kano/Jigawa Area Command on Wednesday says it has arrested a Dubai-bound passenger, Sanusi Labaran with 5,342 Automated Teller Machine, ATM cards concealed inside a sack of beans while trying to board a flight, Ethiopian flight to Dubai through the Malam Aminu Kano International Airport, MAKIA.

The Comptroller, Nasir Ahmed disclosed this while handing over the suspect and other seized items of seven pieces of memory cards and one SD card to the Economic and Financial Crimes Commission, EFCC, Zonal Office in Kano.

Ahmed further said investigations will reveal whether the ATM cards were in use or expired and how much was domiciled in the ATM cards.

The Comptroller commended his men and officers at MAKIA for the job well done while describing the act by the suspect as a disservice to the nation as it has a negative impact on the economy and foreign reserve of the country.

According to him, “The Custom were empowered with Section 150 to search and section 157 empowers for detention and seizures of the ATM.

“The law will take it course. We will hand him over to the EFCC. We are 100 per cent sure that the EFCC will do a thorough job because this a disservice to the nation,” Ahmed said.

Responding the Kano Zonal Head, Mr Sanusi Aliyu vowed that the suspect and other of his accomplice will be charged to court upon completion of its investigation and one’s prima facea case is established.

“EFCC will conduct a diligent and thorough investigation into the reasons why one person is carrying over 5,000 ATM to another country.

“EFCC will not only stop at investigating the person in whose possession the items were recovered but will go a long way in tracing the owners of the cards and reasons behind efforts to ship the cards to Dubai.

“After the completion of the investigation and one’s prima facea case is established, the suspect and his accomplice will be duly charged to the court of law.

“The mere fact that he alone was holding over 5,000 ATM cards raises a very strong suspicion and red flag. We believe he is not alone. He has other people that have been working with him either independently or as a group.

“The fact that he has a resident permit in Dubai tells us he probably has been in this business for a time. We will join hands with all relevant agencies to find out how many times he has left this country and then for what purpose and should we have any offence linked with his earlier travels, we will also coopt that into the charges that he will face before the law in the court,” Mr Aliyu however stated.