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Court fines senator Abbo N50m for assaulting woman in sex-toy shop

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A Federal Capital Territory (FCT) High Court has ordered Senator Elisha Abbo, representing Adamawa north, to pay N50 million as compensation to Osimibibra Warmate for assaulting her in a sex-toy shop in Abuja.

In 2019, the police arraigned Abbo before a magistrate court in Zuba, on a one-count charge for assaulting Warmate in the Shop at Wuse 2 in Abuja.

Despite a video evidence of the incident, Abdullahi Ilelah, the magistrate, upheld the no-case submission filed by the lawmaker and dismissed the case.

However, Warmate proceeded to file a fundamental rights suit marked CV/2393/19 before the FCT high court.

Delivering judgment on Monday, the judge found Abbo guilty and ordered him to pay N50 million to the complainant.

Lugard Tare-Otu and Nelson who identified themselves as Warmate’s lawyers confirmed the court’s verdict on Twitter.

”Remember that video of a Nigerian senator slapping/assaulting a young lady at a shop? Well justice was served today with the court slamming the sum of N50M against the Senator.

“I am delighted to have represented that young lady in this suit. We say no more to oppression,” Nelson said.

An Adjournment For A More Senior Lawyer to Handle A Case Is A Professional Misconduct.

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Daily Law Tips (Tip 662) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

INTRODUCTION: 

Litigation is not a hide and seek game. Parties on both sides of a case must be granted adequate facility (including, time) to prepare and present their cases. An adjournment is a break/postponement  in a litigation process and procedure, granted by a Judge/Magistrate to allow parties or the  court to do substantial justice. It is a fundamental human right, being a tool for fair hearing. However, unserious Judges, Magistrates, Lawyers and Litigants often employ adjournment to delay and frustrate justice. Adjournment is one of the factors that cause delay in determination of cases in Nigeria. One of the common reasons for adjournment is that, there is a more senior lawyer willing to conduct a case other than the lawyer appearing before the court. This work examines the propriety of this common reason in Nigerian jurisprudence.   

PRACTICE AND PROCEDURE: 

To better understand the this topic, there is need to assess client to lawyer relationship and then lawyer to court relationship. This is chronologically placed below. 

  1. Any person in Nigeria is entitled to engage the services of any lawyer of his choice. Hence, a court can never dictate or force a lawyer on any litigant. To support this, is the Court of Appeal, that states; “… in the principle of fair hearing is the right of a party to engage a counsel of his choice.” Per ONYEKACHI AJA OTISI ,J.C.A ( Pp. 26-27, para. F) in the case of MOMAH v. MOMAH (2017) LPELR-42817(CA)
  2. Where any person chooses a lawyer, he also has powers and rights to disengage the service of the law. He who hires a lawyer, can also fire the lawyer. Hear what the Supreme Court, says on this issue; “A litigant is free to engage counsel of his choice at any time and may equally terminate such engagement at any time.” Per KUTIGI ,J.S.C ( P. 14, paras. F-G ) in the case of ISIAKA & ORS v. OGUNDIMU & ORS (2006) LPELR-1552(SC)
  3. Where any person chooses and engages the services of a lawyer, the person becomes a client to the lawyer. And the lawyer has a duty to represent the client diligently in any court or tribunal in Nigeria. On this issue, the Supreme Court of Nigeria has held that, “Counsel qua advocate as an expert of law has an unfettered right to advise his client on what line of action to take in the light of the applicable law. While there cannot be any argument on this right of counsel, the owner of this big power, he is expected to exercise it only in the light of the enabling law in the matter. He should take into serious consideration that the client, the novice in law, will have no choice than to rely wholly and fully on the position of the law as given to him by Counsel.” Per NIKI TOBI ,J.S.C ( P. 26, paras. C-E ) in the case of NEWSWATCH COMMUNICATIONS LTD v. ATTA (2006) LPELR-1986(SC)
  4. A lawyer that represents a client binds the client. Hence, the submissions of a client’s lawyer is deemed to be the submissions of the client of the lawyer. Lawyers are advocates of their clients. No one goes to the courts (gates of justice) except through lawyers. However, note that in certain cases, a non-lawyer can represent himself in court without engaging the services of a lawyer. The Court of Appeal has this to say, “Undoubtedly, in any given criminal trial, as well as in complex civil proceedings (such as the extant case) the participation of a legal practitioner (lawyer), is very essential. This is absolutely so, because the participation of a lawyer is intrinsically connected to the litigant’s right to sufficiently prosecute or defend his case. I think, it was Lord Denning, MR, that fearless, conscientious and erudite Jurist of all time, who once aptly articulated the trite principle, to the effect that – It is not every man who has the ability to defend himself on his own. He cannot bring out the points in his own favour or the weakness in the other side. He may be tongue-tied, nervous, confused or (even) wanting in intelligence. He cannot examine or cross-examine witnesses. We see it everyday! A Magistrate says to a man: you can ask any questions you like; whereupon the man immediately starts to make speech. If justice is to be done, he ought to have the help of someone to speak for him; and who better than a lawyer who has been trained for the task? See PETT v. GREY HOUND RACING ASSOCIATION (NO. 1) (1968) 2 ALL ER 545 @ 549, per Lord Denning MR. Indeed, it is axiomatic, that what actually makes the participation of a lawyer in a case so vital if not indispensible, is his expertise, which is predicated upon a vast knowledge of the law; his remarkable ability to apply that knowledge to given fact situations; to sift relevant admissible and often very complex evidence from what is relevant and inadmissible; and most significantly, his eloquence – skills in argumentation and power of persuasion. Indeed, it was Lord Simon, who had once cited (with approval) Dr. Johnson’s legendary observation in 5 BOSWELL’S LIFE OF JOHN (BIRBECK HILL Edition) 26, thus: As it rarely happens that a man is fit to plead his own cause, lawyers are a class of the community, who by study and experience, have acquired the art and power of arranging evidence, and of applying to the points at issue what the law has settled. A lawyer is to for his client all that his client might fairly do for himself if he could. See WAUGH VS. BRITISH RAILS BOARD (1979) 2 ALL E.R. 1169 @ 1176. See also Section 36(1) & (5) 1999 Constitution (Supra); Article 14(3)(d) of the International Covenant on Civil and Political Rights; Article 7(i)(c) of the African Charter on Human and Peoples Rights; Article 8(2)(d) of the American Convention on Human Rights; Article 6(3)(c) of the European Convention for the Protection of Human Rights and Fundamental Rights.” Per, IBRAHIM MOHAMMED MUSA SAULAWA ,J.C.A ( Pp. 40-41, paras. B-F) in the case of UZOWULU & ORS v. AKPOR & ORS (2014) LPELR-22190(CA).
  5. The moment a lawyer steps into a court to represent a client (party), the lawyer is deemed to be properly engaged by the party. The lawyer is also assumed to be able and capable to handle the case, even if the lawyer is holding the brief of another lawyer. The apex court has reiterated this, in the following words, “The point is well taken and the authorities of MOSHESHE GENERAL MERCHANT LTD V. NIGERIA STEEL PRODUCTS LTD and ADEWUNMI V. PLASTEX (NIG) LTD are apposite that a Counsel has full control and authority of his client’s case once he takes up his client’s brief and announces his appearance in Court as Counsel for his client.” Per ALAGOA ,J.S.C ( Pp. 36-38, paras. C-E ) in the case of OGBORU & ANOR v. UDUAGHAN & ORS (2013) LPELR-20805(SC)
  6. At this point, a court of law is not expected to allow a lawyer appear before it to seek for an adjournment (break) merely to allow a more senior or experienced lawyer to handle the case. After all, a lawyer is lawyer. The shameful practise of buying time and delaying justice under the disguise of wishing that a more senior lawyer to handle a case is unknown to law or practise.   The Court of Appeal has emphasised that, “Courts of law have said it several times that Counsel should refrain from attending Court merely to ask for adjournment to enable a more senior colleague to do the matter. It is not a fashion for younger Counsel to ask for adjournment on the ground that a more senior colleague would like to do the matter “personally.” Frankly, I do not know what this is all about.” Per MOHAMMED LADAN TSAMIYA ,J.C.A ( Pp. 32-35, para. E ) in the case of THE CITY WAITERS LTD v. ADIO (2014) LPELR-24329(CA).  “It is the law, (as has been submitted by learned Counsel for the Respondent), that any counsel who announces that he is holding brief for another counsel is presumed to be in possession of the facts and law regarding the case, and has the full authority of the counsel, whose brief he holds, to handle the case.” Per SANKEY ,J.C.A ( P. 13, paras. A-B) MOHAMMED & ANOR v. STATE (2015) LPELR-25694(CA)
  7. Adjournments are left at the discretion of Judges and Magistrate. However, adjournments can only be given judiciously and judicially upon cogent and compelling reasons that the court believes will do Justice. Here are the words of the Court of Appeal; “…the trite fundamental principle guiding grant or refusal of adjournment is not merely borne out of the sheer number of previous adjournments. Indeed, it’s a settled principle, that – It is not the number of previous adjournments sought and granted that will necessarily influence the court’s discretion to grant or refuse an application for adjournment, rather, it is for a good cause as well as cogent and weighty ground or reason. See OLORI MOTORS & CO. LTD v. UBN LTD (Supra) @ 504 paragraphs D – E per Achike JCA (as he then was).” Per SAULAWA ,J.C.A ( P. 32, paras. B-C ) in the case of UZOWULU & ORS v. AKPOR & ORS (2014) LPELR-22190(CA)
  8. A lawyer is an officer of the courts and owes duties to courts. By the Rules of Professional Conduct for Legal Practitioners, a lawyer “… shall not do any act or conduct himself in any manner that may obstruct, delay or adversely; affect the administration of justice.” and one of the duties of a lawyer to a court. Delaying justice by applying for an adjournment merely for a more senior lawyer to handle case is a professional misconduct and unknown to any law or practise in Nigeria. However, where there is cogent and compelling reason for a more senior lawyer to handle a case, no doubt a court will grant an adjournment. The Supreme Court has held that, “Similarly, in the case of FALOWU VS. BAMIGBE (1998) 6 SCNJ 42 AT 64 PARA 34, the Apex Court held thus:- “It seems to me necessary at this stage to stress that once counsel announces his appearance in Court, whether he is holding brief for another counsel or not, the Court takes it that he fully mandated and or authorized, to conduct the case on behalf of his principal or his client. If, however, he is not in the position for any reason to do so, it is his duty to apply for an adjournment, stating his reasons to the Court for the application where upon the Court, upon a consideration of such reasons shall decide whether or not the case should in the interest of justice, be adjourned, otherwise, the Court would proceed with the hearing of the cause or matter. In the absence of such an application, the Court is entitled to assumed that Counsel is fully instructed and/or mandated to get on with the case ….” Per SAULAWA ,J.C.A ( P. 32, paras. B-C ) in the case of UZOWULU & ORS v. AKPOR & ORS (2014) LPELR-22190(CA)

CONCLUSION: 

Law practise is a serious business. A lawyer must be professional and prepared for any case/brief he undertakes. Where a lawyer must seek for an adjournment, he must have genuine, cogent and compelling reasons, to avoid professional misconduct. Wishing to have a more senior lawyer to handles a case can be flimsy and an attempt to frustrate the administration of justice. On the part of a client, a client must be serious to prosecute and fund any matter he engages a lawyer to handle. A lawyer must never use adjournment as a tool for fraud or delay of justice and must never allow his client to lead him into such nonsense, after all a lawyer is not a servant of his client. Adjournment must be employed to do only good and justice at all times. Click to read my works on fair hearing and justice in Nigeria. 

My authorities are:

  1. Section 36 of the Constitution of the Federal Republic of Nigeria. 
  2. Rules 14 to 25 and Rules 30 to 38 of RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS 2007 
  3. The judgment of the Supreme Court in the case of (Effect of lawyers authority to conduct case of his client) in the case of ELIKE v. NWAKWOALA & ORS (1984) LPELR-1118(SC).
  4. The judgment of the Supreme Court in the case of OGBORU & ANOR v. UDUAGHAN & ORS (2013) LPELR-20805(SC)
  5. The judgment of the Supreme Court in the case of NEWSWATCH COMMUNICATIONS LTD v. ATTA (2006) LPELR-1986(SC)
  6. The judgment of the Supreme Court in the case of ISIAKA & ORS v. OGUNDIMU & ORS (2006) LPELR-1552(SC)
  7. The judgment of the Court of Appeal in the case of UZOWULU & ORS v. AKPOR & ORS (2014) LPELR-22190(CA)
  8. The judgment of the Court of Appeal in the case of MOHAMMED & ANOR v. STATE (2015) LPELR-25694(CA)
  9. The judgment of the Court of Appeal in the case of THE CITY WAITERS LTD v. ADIO (2014) LPELR-24329(CA)
  10. The judgment of the Court of Appeal in the case of MOMAH v. MOMAH (2017) LPELR-42817(CA)

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What Must Happen To Judges That Are Careless With Bail?

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Daily Law Tips (Tip 661) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction: 

Bail is a fundamental human right of all persons in Nigeria. Every person in Nigeria is assumed to be innocent. Every suspect or defendant is entitled to police and court bail. Every offence is bailable in Nigeria, although the conditions for bail may vary depending on the nature of offence. So, there is a duty on courts, Judges and Magistrates to grant bail according to the conditions for bail. Well, it is not impossible to find courts that may grant bail carelessly, without observing the conditions for bail. Since for every action there is a reaction, the Supreme Court has in 2020 reiterated what must happen to such careless judges during service and even after retirement. This work reveals what according to the Supreme Court of Nigeria, are non-judicial/administrative consequences, that must befall Judges and Magistrates that are reckless with bail. 

Bail and the Bench:

There are basically two types of bail; Administrative Bail (popularly known as Police Bail, being bail granted by arresting officer/agency) and then Judicial Bail (being bail granted by courts). By the way, bail is a temporal freedom granted to a suspect/defendant with a guaranty that the suspect/defendant will appear later at an agreed time and place. While judges (the bench) are encouraged to ensure fair hearing (including bail), bail must be granted within the lines of law. Bail must not be allowed to be used as a tool for injustice, hence, the bench must not be reckless in granting bail. Hence, a good Judge or Magistrate in exercising his discretion to grant or refuse bail must be judicial and judicious. Click to read my earlier works on Bail in Nigeria. 

Where a Judge/Magistrate is careless in granting bail, the Supreme Court has clearly stated what must happen to the Judge/Magistrate during his service and even while in retirement. To capture the full colour and height of recklessness on the part of a judge in granting bail, I am  pushed to quote the long words of Justice OLUKAYODE ARIWOOLA of the Supreme Court of Nigeria in a recent judgment in the case of UGWU v. STATE (2020) LPELR-49375(SC). There is no better way to appreciate this issue. The quotation from the judgment of the apex court, clearly shows how a Judge sitting in Enugu State High Court was reckless in assessing and granting bail to a defendant suspected of murder. Below are the words of the erudite jurist. 

  1. “However, before I conclude this judgment, I feel compelled to comment on the incident at the commencement of the proceedings before the trial Court of Enugu State. It is on record that the appellant and one other – as the 1st accused had been arraigned for trial, charged with conspiracy and murder. After their pleas were taken and each pleaded not guilty, the matter was adjourned for hearing. The then 1st accused later took an application to a vacation Judge in Enugu for his bail pending trial. The vacation Judge granted him bail on N250,000.00. He was reported to have jumped the bail and the surety readily paid the sum of N250,000.00, the bail money in lieu and he was never available to stand the trial. He is reported to remain at large. There is no doubt that granting or refusal of bail application is at the discretion of the Judge who is considering the application. Yet, there are a number of factors or criteria that must be taken into consideration by the Judge in granting or refusing bail pending trial. These include: (1) The nature of the offence and the punishment attached to it, if proved (2) the evidence available against the accused; (3) availability of the accused to stand trial (4) the likelihood of the accused committing another offence while on bail; (5) the likelihood of the accused interfering with the cause of justice; (6) the criminal antecedents of the accused person; (7) the likelihood of further charge being brought against the accused; (8) the probability of guilt; (9) detention for the protection of the accused; (10) the necessity to procure medical or social report pending final disposal of the case. Certainly these are some of the factors that may be taken into consideration and by no means exhaustive. See; Bamaiyi Vs. The State & Ors (2001) LPELR – 731 (8). I have no doubt in my mind that the said vacation Judge disregarded all the above factors to be considered. In this case, the offence charged included murder punishable with death sentence. The proof of evidence showed incriminating materials, recovered from the accused person’s house upon execution of search warrant on the house. With the available evidence, it baffles one to hear that the vacation Judge, not the Judge whose Court was to try the case, considered the bail and readily granted same. I believe that when the accused later jumped bail and he refused to make himself available for his trial, the Judge should have realized that he has to cover his face in shame for his failure to exercise his discretion on the bail application, both judicially and judiciously. Ordinarily, Judges should be above board as far as integrity and competence are concerned. It is rather unfortunate, to say the least, that a man who was alleged to be involved in the gruesome murder of the Chief Security Officer of the University and serial raping of the two grown up daughters of the deceased can be carelessly allowed to escape from justice. I shall say nothing more on this and let the conscience of the said Judge continue to deal with him either in his retirement or still in service. He is however not on trial.” Per, OLUKAYODE ARIWOOLA ,J.S.C ( Pp. 28-30, paras. B-E ) Judgement of the Supreme Court of Nigeria (on bail) in the case of UGWU v. STATE (2020) LPELR-49375(SC)

Conclusion: 

Judges and Magistrates are the keepers of the gate of justice. They are the few minds appointed for a price, to decide the affairs of men on the table of men. They cannot afford to be reckless and unprofessional in any thing, including bail and fair hearing. Click to read my works on fair hearing and justice. 

My authorities are:

  1. Sections 30, 31, 32, 34, 35, 36, 230, 237, 249, 255, 260, 265, 318 and 319 of the Constitution of the Federal Republic of Nigeria 1999.
  2. Sections 32, 161, 162, 163, 164, 165, 494 and 495 of the Administration of Criminal Justice Act 2015 and its equivalent in states across Nigeria.  
  3. The judgment of the Supreme Court (on what must befall judges that are reckless with bail) in the case of UGWU v. STATE (2020) LPELR-49375(SC)
  4. Judgment of the Supreme Court of Nigeria (on the nature and effect of Bail) in the case of SULEMAN & ANOR v. COP PLATEAU STATE (2008) LPELR-3126(SC)

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This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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Approval For Marriage Of Female Officers/Staff Is Unconstitutional and Discriminatory.

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Daily Law Tips (Tip 660) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction: 

Military and paramilitary formations are very disciplined and often perceived as exclusive heaven for men. However, only few women are found in such sectors and without huge discrimination. This work reveals and condemns the unconstitutional and discriminatory practise that requests female officers to seek approval before marriage (work place discrimination).

Discrimination Hubs:

Discrimination is sometimes perpetuated even by the few ones appointed to keep nations safe and peaceful. In some military or paramilitary forces like police and others, female officers are not allowed to marry without the approval of their superiors or the management. However, the male officers are free to marry anytime without an approval or even notice of any person. This procedure or requirement on female officers are said to be taught in training schools, or contained in signals and orders of their formation, like the Regulation 124 of the Police Force and the section 8 of the Terms and Conditions of Service for National Drug Law Enforcement Agency (NDLEA). This type of discrimination is also present in other workplaces/employment relationships; private and public sector. 

Discrimination and the Constitution of Nigeria: 

Well, the greatest of all laws in Nigeria is the Constitution of the Federal Republic of Nigeria, 1999. The constitution is greater than any institution, arm of government, formation, force or organization as well as all orders, laws, regulations, manual, training, signals and directives in Nigeria and even outside Nigeria. And, anything, action or directive even law, that contradicts the constitution is self-destructive and nullified.

The great constitution of Nigeria, has declared men and women equal and expects them to be treated equally. No sex is greater than the other, not minding what religion and tradition may say. The constitution frowns at discrimination including discrimination on the sex of a person. Hence, it is the right of any Nigerian not to be discriminated against because of his/her sex. 

Hence, any order, signal or directive that requires only female officers to seek approval before marriage is discriminatory and as such is a violation of fundamental human rights of all concerned female officers. It is also contrary to the constitution of Nigeria and it is consequently null and void (dead on arrival). Nothing can rise against the constitution of Nigeria and stand. 

Remedies for Victims of Discrimination: 

The concerned female officers have fundamental human rights that must be respected and protected by all. Where any fundamental human right is violated, the victim can go to court to seek remedies, including huge financial compensation. It is advisable to engage the service of a legal practitioner of one’s choice. Also, the National Human Rights Commission (NHRC) or the Gender Advocacy and Women Resource Center (GAWRC) can be contacted. 

Attitude of Victims: 

Unfortunately, some female officers seem to be comfortable with discrimination. Some of them claim the discrimination is designed to protect female officers from bad husbands. It is a pity. It is obvious that protracted discrimination can affect the psychic of a victim to the extent the victim accepts and even trivializes his/her discrimination, including the protection and promotion of perpetrators and concealment of discrimination. At this point, there is huge need for free legal awareness among other things, because until people understand their rights, they cannot detect a violation or choose a reliable channel for remedy. Click to read my earlier works on women rights in Nigeria.

Conclusion & Recommendation: 

Discrimination in demand for approval for marriage is unconstitutional and illegal. Even though most concerned female officers may not be courageous to seek legal remedies, for fear of further discrimination, there is need for positive change. Concerned institutions/formations must be pressured to reverse their unconstitutional discriminatory practices. The legislators having oversight functions over such institutions, as well as the heads of such institutions are called out to take action! Say NO to discrimination at work! Click to read my earlier works on women rights in Nigeria.

My authorities are:

1. Sections 15(2) and 42 (1) of the Constitution of Federal Republic of Nigeria, 1999.

2. Articles 2 and 13 of  the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

3. Article 7 of the Convention of Elimination of All Forms of Discrimination Against Women (CEDAW).

4. The judgment of the Supreme Court of Nigeria in the case of LAFIA LOCAL GOVT v. EXECUTIVE GOVT NASARAWA STATE & ORS (2012) LPELR-20602(SC)

5. The judgment of the Supreme Court of Nigeria in the case of ANEKWE & ANOR v. NWEKE (2014) LPELR-22697(SC)

6. The judgment of the High Court in the case of WELA vs. Attorney-General of the Federation (Unreported) Suit No: FHC/IKJ/CS/M128/2010 of 30th April, 2012 Adah J. (as he then was). The judge in this case declared illegal and unconstitutional the said Regulation 124 on the ground that it was inconsistent with the provisions of section 42 of the Constitution of the Federal Republic of Nigeria and Article 2 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

7. “Let’s Have Gender Justice Now”, Femi Falana (Premium Times, 7 March 2013) <https://www.premiumtimesng.com/opinion/123609-lets-have-gender-justice-now-by-funmi-falana.html> accessed 23 September 2020.

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Speak with the writer, ask questions or make inquiries on this topic or any other via [email protected] or [email protected] or +2348037665878 (Whatsapp only). To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram: @LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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GETTING A DIVORCE IN NIGERIA: FACTORS TO CONSIDER

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Under the Nigerian law, a marriage can end only in two ways: by the death of a partner or by an order of court dissolving the marriage.

In order to dissolve a marriage conducted in a licensed place of worship (church) or marriage registry in Nigeria, this procedure is a must-follow. This process may be stressful, especially in this part of the world, hence it is better to learn more about what the divorce process entails before attempting to go through it.

Before reading this article, please delete from your memory scenes from Nollywood movies where a person brings a “divorce letter” home to their spouse and tells them to sign it. That is not the procedure in Nigeria, and any such letter amounts to absolutely NOTHING.

So, the following are some of the necessary steps to take or factors to consider if you’ve made the decision to divorce your partner:

  • Consult a Lawyer: This is the most important step to take. You need a lawyer to represent you and your interests in court, give you legal counsel, show you the way to go about presenting your case, etc. This cannot be over emphasized. Consult a lawyer!
  • Grounds for divorce: Why do you want a divorce? Divorce in Nigeria is governed by the Matrimonial Causes Act, 1990. A marriage under the Act (i.e. marriage conducted in church and/or marriage registry), as opposed to Customary marriage and Islamic marriage can be dissolved only on the ground that the marriage has broken down irretrievably. The marriage is said to have broken down irretrievably if you (the petitioner) satisfy the Court of one or all the following:
  • Adultery
  • Cruelty
  • Habitual drunkenness
  • Criminal acts
  • Living apart for a period of two or three years as the case may be
  •  Desertion for one year by the Respondent
  • That the Respondent has behaved in such a way that the Petitioner cannot be reasonably expected to live with them
  • That the Respondent has not been heard from in the last seven years, e.t.c

You need to ensure that your reason for wanting a divorce fits into at least one of the facts aforementioned. But you need not worry too much about this. Once you consult you a lawyer, he or she will advise you on the fact upon which you are to file for the divorce.

  • What do you want out of the divorce? Custody and maintenance of children? Settlement of property (we will expound more on this in the next article), etc

NOTE:

This article is for people who have decided to divorce their spouses. Please note that it is not the aim of this article to encourage divorce or give advice on whether or not you should try to make your marriage work. The aim is to state as clearly as possible factors you need to consider if you have decided to get a divorce.

18 persons killed in Boko Haram ambush on Borno Govt’s convoy, DHQ gives update

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The Defence Headquarters has clarified on the attack by terrorists on Borno State convoy on Friday. In a statement released on Sunday, it said 18 persons were killed in the Book Haram ambush on the Borno State Government’s convoy.

In the statement, the Coordinator, Defence Media Operations, Major General John Enenche, said 10 policemen, four soldiers and four civilians were killed in the ambush at Barwati village.

According to the military spokesman, the victims were killed by an explosion from the multiple Improvised Explosive Devices (IEDs) planted on the road by the terrorists.

He further revealed that two police vehicles were carted away, but adds that Troops on hot pursuit of the insurgents successfully recovered the vehicles and captured a Boko Haram gun truck.

According to General Enenche, the Nigerian Army has since deployed bomb and IED disposal teams to ensure effective route scanning and clearance to forestall future occurrence.

Below is the full statement as sent out by the military spokesman.

“The convoy of the Borno State Civilians Relocation Committee comprising Armed Forces of Nigeria, Nigeria Police Force and Civilian Joint Task Force was ambushed by members of the BHT/ISWAP at Barwati village on 25 of September 2020.

“The attack/ambush was however successfully repelled by the gallant troops. Sadly, a total of 18 lives including 4 soldiers, 10 Policemen and 4 civilians were lost during the sad incident.

“Troops on hot pursuit of the insurgents successfully recovered 3 vehicles.

“Two of the vehicles belonging to the Nigeria Police that were earlier carted away by the terrorists during the attack. Similarly, one BHT gun truck was also captured.

“The casualties recorded were as a result of the explosion from the multiple Improvised Explosive Devices (IEDs) planted on the road by the terrorists.

“The Nigerian Army has since deployed bomb and IED disposal teams to ensure effective route scanning and clearance to forestall future occurrence.”

8 Secret Cult Members Arrested While In Procession Mourning Their Dead Colleague

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Members of the dreaded secret cult group popularly called Black Axe were on Wednesday September 24, 2020, in a ceremonial procession in honour of their dead colleague, when everything came to an abrupt end.

Police operatives from Ogijo in Ogun State swooped in on them, arresting eight members of the cult.

The procession was being held as a ritual to mourn one of their members who died recently.

The arrest of the cultists followed a report lodged at Ogijo Police Station, where a 16-year old boy, Onome Iduru, was rushed to after being shot in the stomach by the cultists during the procession 

Ogun CP, Edward Ajogun

It was learnt that the cultists reportedly dispossessed the deceased of his phone, after shooting the victim and also went ahead to unleash terror in the community.

Upon the report, the Divisional Police Officer, Ogijo, CSP Muhammed Suleiman Baba, led his men to the scene, where eight members of the violent group were apprehended.

The suspects arrested were; Olatunji Opeyemi,, Ayuba Oduola, Sobowale Abiodun, Sobowale Sunday and ,Adelowo Olalekan.

Others included; Kareem Lanre,, Emmanuel Adebisi, and Tobiloba Wasiu.

They were all successfully rounded up after serious encounter with the combat-ready policemen.

A banner designed with the group insignia to announce the death of their member was recovered from the cultists while the injured victim was taken to nearby Oladayo Hospital for medical attention.

Police Public Relations Officer in the state, DSP Abimbola Oyeyemi, confirmed the story.

The Commissioner of Police, CP Edward Awolowo Ajogun, has ordered the transfer of the suspects to the State Criminal Investigation and Intelligence Department for further investigation. 

The CP, therefore, warned that any group or individual who engaged in any activity capable of undermining the peace of the state would be dealt with in a very decisive manner,.

Ogun PPRO, DSP Abimbola Oyeyemi

Ajogun then appealed to parents to warm their wards not to be part of any unlawful society or group as the results may be catastrophic.

Stop Humiliation of Female Practitioners in Courts, Lawyers Write Chief Judge

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Tobi Soniyi

Three legal practitioners, Dr. Chidi Odinkalu, Gloria Ballason and Abiodun Baiyewu have written to the Chief Judge of the Federal High Court, Justice John Tsoho to stop judges from humiliating female lawyers when they appear before them.

In their letter, which they copied the Nigerian Bar Association (NBA), the lawyers said judges of the federal high courts often insist that a female legal practitioner indicate her gender after announcing their appearance in court.

They wrote: “It has come to our attention and we have independently verified that several judges of the federal high court in different places insist on asking female counsel appearing before them to indicate whether they are married or single.

“They require them to make a mandatory choice between the honorific titles ‘Mrs.’ or ‘Miss’ when they announce themselves in their courts.
“In some cases, female advocates, who balk at being treated in this way run into trouble with conducting their cases, suffer unacceptable bullying from the court or jeering and sniggering from the bar and the court gallery and generally get subjected to indignities entirely unrelated to their abilities or the merits of their advocacy and cases.

“We note that men, who appear in the court, are not at risk of suffering a similar fate,” the letter said.
The lawyers argued that this treatment had no basis in the rules or the laws applicable to proceedings before the federal high court.
According to the letter, treating female lawyers in this manner is inconsistent with the right to personal dignity guaranteed by section 34(1) of the 1999 constitution as amended.

They also cited section 42(1) of the constitution, which prohibits discrimination on the basis of sex. They consequently called on the CJ to put an end to this ugly practice of maltreating female lawyers.

The letter said: “Sadly, the treatment of female counsel by these judges of the federal high court violates high constitutional principles, in addition to basic courtesies.
“We are pained that this is coming from a superior court of record that should be at the forefront of the defence of these principles”, the letter said.

Looking back to 26 September 1992 in history:

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The saddest event in Military Aviation history in Nigeria….

May their souls continue to rest in peace.

Read:

Saturday, September 26, 1992 was a perfect day for flying.

There was an atmosphere of joy and anticipation amongst the passengers when the last of the 158 passengers took his seat at the rear of the aircraft.

They included the best and the brightest of the country’s military minds.

Shortly before 4:15pm, the air force Lockheed C130 Hercules got clearance from the control tower to take off.

Sitting in the cockpit were experienced pilot and Air force Wing Commander JP Alabosun and his copilot Wing Commander Mamadi.

The premonition of the great evil about to befall the passengers was present but the gods weren’t showing it.

Alabosun aligned the majestic bird on runway 1 momentarily holding at the threshold to have a quick glance at the instrument indicators in the cockpit before pushing the thrust lever forward slightly.

When the engines got to 40% of their power, he paused, glanced at the instruments again and when he was sure the engines were happy, he pushed the thrust lever fully forward giving the aircraft full power.

The four Allison T56 turboprop engines responded and Fat Albert thundered down the runway spewing wake effects of pure horsepower.

At exactly 4:16pm, the aircraft reached its take off speed and JP pulled the yoke.

Fat Albert elegantly raised its nose into the sunny, blue skies and its tyres departed the asphalt of runway 1 in a rendezvous with fate.

As it banked left to head north, sunbeams bounced off its body as it basked in the sun’s pleasant warmth. Like a peacock, it showed off the vibrant camouflage colors slapped on its fuselage when it turned it’s under belly to eyewitnesses who watched it depart.

The journey from western Nigeria to the North was just over an hour, a relatively short trip. As fat Albert leveled and was about to climb to its authorized altitude, the outer starboard engine backfired and stopped abruptly. Lockheed C130s are built to accommodate catastrophic engine failures of up to two engines, so there was no sense of panic on the flight deck when they lost one.

Alabosun radioed the control tower as he made a steep left turn, heading back to the airport.

“Control, this is NAF 911.”

“Go ahead NAF 911.”

“Engine failure, starboard side, coming back to base.”

“Are you declaring an emergency?”

“No.”

With those words, Alabosun started trimming the plane for a three-engine lift while feathering the non-functioning engine as he tried to find the airport in the distance.

Then, a second engine failed. This time inner starboard.

“Control this is NAF 911.”

“Go ahead NAF 911.”

“May-day, May-day, second engine failure. Starboard inner.”

“Acknowledged NAF 911, runway 1 is clear for you.”

When the second starboard engine failed, it became apparent to the crew that a return to the airport was no longer feasible.

Two-engine failures on the same side meant fat Albert no longer had sufficient power to maintain lift and negotiate a correct lineup with the runway and a safe return to the airport.

The lack of power from the starboard side dipped the plane to the right, meaning the left turn to the airport was now impossible.

“Control, we are heavy, we can’t make it back to base.”

Alabosun looked out of the cockpit window trying hard to find a safe place to put the stricken bird.

His eyes darted from side to side as they scanned the landscape below looking for hope land but there was none.

He saw a football pitch at a 45-degree heading, then he looked again, he could make out tiny figures playing on the pitch. He decided against it.

Then he spotted the swampland and decided to put the bird down in the mud.

“Control, we will be in the swamps.”

“Repeat NAF 911.”

“We will be in the swamps.”

“We can see the swamps, we will make it there.”

“Good luck NAF 911, rescue is on its way.”

“God be with you.”

Confidently, and with the calm of a seasoned pilot, Alabosun lined up the stricken craft with the swamp right in front of him, and then prepared for water landing.

“Its fine, we’ll be fine,” Alabosun said as he turned to look at his copilot for the first time since the emergency began.

Confidently, and with the calm of a seasoned pilot, Alabosun lined up the stricken craft with the swamp right in front of him, and then prepared for water landing.

“Its fine, we’ll be fine,” Alabosun said as he turned to look at his copilot for the first time since the emergency began. The reassurance perhaps mostly for himself.

Without warning, the third engine failed.

“Mayday, Mayday, Portside engine failure.”

“Mayday, control, we are going down.”

“Control . . . . “

“Control, we are going down.”

“NAF 911 this is control, what?”

Alabosun and Mamadi struggled with the yoke, pulling it with all their might.

“Control, we are going down.”

“This is it. . .”

“How can I Alabosun, tell the world I can’t save this plane?.”

Fat Albert’s nose dipped and it went down, nose first into the swamp. The right wing tore off on impact, then the tail as the fuselage propelled deep into the mud.

“NAF 911, this is control, please respond.”

“NAF 911, please respond.”

“NAF 911, are you there?”

Fat Albert’s flight took a total of three minutes. Its belly contained the cream of the Nigerian armed forces, predominantly middle ranking officers. Fat Albert took them all to its muddy grave.

Eerie playback of the radio transmission between the flight deck and the control tower portrayed a calm-till-the-very-end pilot trying in vain to save his aircraft and his passengers. 158 passengers including 5 crewmembers perished with the aircraft that Saturday afternoon, making it one of the worst accidents in military aviation history.

The crash of NAF 911 remains unsolved.

This piece is dedicated to all 158 people who perished when NAF 911 crashed on that Saturday afternoon. Some of us still have you in our memories even though your government doesn’t.

Culled from Kole Obasa’s blog.

May they all continue to Rest-in-perfect-peace, and the esteem families left behind the fortitude to bear their demise. Ameen and ameen.

Judges should stop demanding female lawyers’ marital status – Group

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A group of lawyers, under the aegis of House of Justice, have written to the Chief Judge of the Federal High Court, Justice John Tsoho, seeking protection for female lawyers appearing before judges of the court.

In their letter dated September 21, 2020, the groups said they were not comfortable with the usual practice of Federal High Court judges demanding the marital status of female lawyers appearing before them.

The letter, titled, ‘Re: Guaranteeing the Dignity of Female Counsel Appearing before the Federal High Court,’ was signed by Prof. Chidi Odinkalu, Gloria Ballason and Abiodun Baiyewu.

The letter reads partly, “It has come to our attention and we have independently verified that several honourable judges of the Federal High Court in different places insist on asking female counsel appearing before them to indicate whether they are married or single, by requiring them to make a mandatory choice between the honorific titles ‘Mrs’ or ‘Miss,’ when they announce themselves in court.

“In some cases, female advocates who balk at being treated this way run into trouble with conducting their cases, suffer unacceptable bullying from the court or jeering and sniggering from the bar and the court gallery and generally get subjected to indignities entirely unrelated to their abilities or the merits of their advocacy or their cases.

“We note that men who appear in court are not at risk of suffering a similar faith.”

The group contended that the practice of asking female lawyers their marital status had no basis in the rules of the court, and amounted to a violation of their constitutional right to dignity.

They added, “Sadly, the treatment of female counsel by these honourable judges of the Federal High Court violates high constitutional principles, in addition to basic courtesies.”

PUNCH