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Lawyers No Longer Need SCUML (EFCC) Certificate.

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Daily Law Tips (Tip 655) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

There are several professionals and businesses that must obtain Anti-Money Laundering certificate (often referred to as SCUML Certificate/EFCC Clearance) before they can operate bank accounts. So, Special Control Unit against Money Laundering (SCUML) Certificate is a vital tool for opening and operating a bank account, for many businesses and professionals in Nigeria. This is handled by several law enforcement agencies, regulators and stakeholders, including the economic and Financial Crimes Commission (EFCC). This work focuses on the judgments of the Federal High Court and the Court of Appeal that exempt lawyers from SCUML certificate and the Money Laundering (Prohibition) Act. 

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

By the provisions of the Money Laundering (Prohibition) Act 2011, any Designated Non-Financial Institutions (DNFI) that is involved in cash transactions is to provide declaration of its activities to the Federal Ministry of Finance. By that law, Designated Non-Financial Institutions (DNFI) are dealers in Jewelry, cars and luxury goods, chartered accountants, audit firms, tax consultants, clearing and settlement companies, legal practitioners, hotels, casinos, supermarkets, or such other businesses as the Federal Ministry of Commerce or appropriate regulatory authorities may from time to time designate. Click to read my earlier publication on SCUML Certificate.

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

On 15 December 2016, came the Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and Other Related Matters) Regulations, 2016. This 2016 Regulations was made by the Minister of Industry, Trade and Investment, following powers created by the Money Laundering (Prohibition) Act 2011. By the 2016 Regulations, the list of Designated Non-Financial Institutions (DNFI) was expanded to include pool betting and lottery businesses. By the 2016 Regulation, the list and meaning of Designation of Non-Financial Institutions (DNFI) includes dealers in jewelry, cars and luxury goods, Precious stones and metals, Real estate, Estate developers, Estate surveyors and Valuers, Estate Agents, Chartered accountants, audit firms, tax consultants, clearing and settlement companies, legal practitioners, hotels, casinos, pool betting and lottery business, supermarkets and such other business as undertaking as other businesses as the Federal Ministry of Trade and Investment or appropriate regulatory authorities may from time to time designate.

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

My authorities are:

  1. Section 37 of the Constitution of the Federal Republic of Nigeria 1999.
  2. Sections 1, 2, 5, 6, 25 and 26 of the Money Laundering (Prohibition) Act 2011
  3. Section 1, 40 and 41 of the Terrorism (Prevention) Act, 2011 
  4. Section 1, 4, 14, 14 and 20 of the Terrorism (Prevention) (Amendment) Act, 2013
  5. The Central Bank of Nigeria (Anti Money Laundering and Combating of Financing of Terrorism for Banks and Other Financial Institutions in Nigeria) Regulation 2013.
  6. The Nigeria Securities and Exchange Commission (SEC) and National Insurance Commission (NAICOM) AML/CFT Regulations for their respective operators. 
  7. Regulations 1, 2, 4, 33 and 34 of the Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and Other Related Matters) Regulations, 2013
  8. Regulations 1, 2, 3, and 4 of the Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and Other Related Matters) Regulations, 2016
  9. The Terrorism Prevention (Freezing of International Terrorists Funds and Other Related Measures) Regulations, 2013.
  10. The National (Money Laundering & Terrorist Financing) Risk Assessment Forum, “NIGERIA ANTI MONEY LAUNDERING AND COMBATING THE FINANCING OF TERRORISM NATIONAL STRATEGY 2018 – 2020” (SCUML, 2018) <https://www.scuml.org/wp-content/uploads/2019/08/NIGERIA-AMLCFT-NATIONAL-STARTEGY-DOCUMENT.pdf> accessed 24 August 2020. 
  11. Sections of 192 and 195 of Evidence Act
  12. Rule 19(1) of the Rules of Professional Conduct for Legal Practitioners 2007 
  13. The judgement of the Federal High Court in the case of Registered Trustees of Nigerian Bar Association V. AGF & CBN (Suit No: FHC/BS/173/2014). 
  14. The judgment of the Court of Appeal in the case of CBN V. NBA & AGF (Appeal No: CA/A/202/2015).
  15. The Nation, “Court Restraints Fed Govt, CBN SCUML from Enforcing Money Laundering Act on Legal Practitioners” (The Nation, 23 December 2014) <https://thenationonlineng.net/court-restraints-fed-govt-cbn-scuml-enforcing-money-laundering-act-legal-practitioners/> accessed 23 August 2020
  16. Toyin Nwiido, Interview with Ogwemoh Sylva, SAN (Commercial Law Development Services, July 2018) <http://www.clds-ng.com/wp-content/uploads/2018/07/CLDS-Newsletter_July-2018_b.pdf> accessed 22 August 2020. 

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What Edo poll says about Nigeria’s democracy

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By Ikechukwu Amaechi

Ideally, voters in Edo State should decide on Saturday, September 19 whether to retain Godwin Obaseki as governor for a second term or hand the baton to Osagie Ize-Iyamu of the All Progressives Congress (APC). Obaseki recently defected from the APC to the Peoples Democratic Party (PDP).

Fourteen candidates are on the ballot but it will be a straight battle between Obaseki and Ize-Iyamu, a protégé of former Governor Adams Oshiomhole who had installed Obaseki in power in 2016.

These men know themselves well. Scions of the legendary Bini kingdom, they slugged it out in 2016.

Four years down the road, however, nothing has fundamentally changed except the political vehicles in which they are riding to Osadebe House and their prime supporters and adversaries. The issues remain the same.

It is all déjà vu.

Expectedly, the Independent National Electoral Commission (INEC) has promised a free and fair election, saying, “Your votes will count.”

“I wish to reassure you that votes will count and only the choice made by the people of Edo State will determine the outcome of the election,” INEC Chairman, Professor Mahmood Yakubu, pledged in Benin City on Monday.

Nigerians with the 2019 elections on their mind are hard put believing him. He made the same pledge before last year’s general ballot and doubled down on it in the November 2019 governorship vote in Bayelsa and Kogi. They turned out badly.

A day after Yakubu’s vacuous pledge, Edo INEC Resident Electoral Commissioner (REC), Johnson Sinikiem, said: “With barely five days to the election, please permit me to say that we are ready ….”

Despite these declarations, I dare wager a bet before the first ballot is cast: The ballot will neither be free nor fair and the winner will not be determined by the 2,210,534 registered voters or the 1,726,765 who collected their permanent voter cards (PVCs).

That ultimate decision will be made in the months ahead by Justices of the Supreme Court, none of who will cast a ballot on Saturday.

The combatants have built an impregnable war chest for the battle after the battle, which will be fought in courtrooms. Every Nigerian politician who knows his onions puts aside a large chunk of his war chest for that purpose.

Some don’t even bother to campaign; they lay ambush in the courts as Senator Hope Uzodinma did in Imo State. Today, he is governor courtesy of the Supreme Court while those who looked up to the people in whom sovereignty resides in a democracy are left out in the political cold.

On Monday, the Inspector General of Police, Mohammed Adamu, announced the deployment of no fewer than 31,000 policemen, including DIG Adeleye Oyabade, AIG Hosea Hassan and eight Commissioners of Police for the election.

Adamu is upbeat that his officers would remain impartial, firm, and committed to a free, fair, and credible election, vowing that violators of electoral laws would be dealt with irrespective of political affiliation. A load of hot air!

The same promise is made for every election, including the very violent Kogi governorship poll in November 2019 and it is observed in the breach. Nothing suggests a shift in paradigm on Saturday.

Of course, Edo will be shut down, curfew imposed, movements restricted, businesses shuttered, yet there will be violence. The lions and tigers will be let off the leash to do what they know how best to.

The Department of State Services (DSS) and the military – Army, Navy and Air Force – are also doing their own deployments. Paramilitary institutions such as the Nigeria Security and Civil Defence Corps (NSCDC) are fully mobilised.

The Federal Road Safety Commission (FRSC) is not left out. On Tuesday, it announced a deployment of 1,500 officials and 35 vehicles, including tow trucks to, among other things, enforce the “no movement order.”

Because of an off-season election, Edo State has suddenly become a war zone. We should be ashamed of what we have made of this so-called democracy. It need not be like this.

On Tuesday, the 14 contestants signed a peace accord promoted by the National Peace Committee (NPC), led by former military ruler, Abdulsalami Abubakar, and Catholic Bishop of Sokoto Diocese, Matthew Hassan Kukah.

Governor Godwin Obaseki embracing Pastor Osagie Ize-Iyamu after signing the peace pact in Benin as Bishop Kukah and Gen. Abdulsalami applaud

Obaseki embraced Ize-Iyamu. Kukah and Abdulsalami applauded. INEC ululated.

Undiscerning observers crow that the accord is a proof that the political gladiators have decided to toe the line of peace.

Is it? Not really. Assuming without conceding that the gladiators have repented of their sins, what about the wannabe godfathers such as Oshiomhole who see the election as a matter of life and death? Did they also agree to sheath their swords?

To be clear: I doubt this peace accord will make any difference.

Besides, there is no better proof that this democracy is not working than this overarching need to compel politicians to sign a peace accord in every election cycle.

In other climes, even here in Africa, politicians don’t sign peace accords promising to be of good behaviour before elections. That is given.

We have behaved so badly democratically that the United States, a country governed by a president, Donald Trump, who is in no way an exemplar of democratic ethos, has imposed visa restrictions on unnamed Nigerians undermining democracy.

The United Kingdom has upped the ante threatening to impose visa ban, carry out asset seizure, or even prosecute under international law, Nigerians, over election-related activities in our country.

Many are clapping and calling on other European countries to weigh in, unmindful of the fact that it is rather condescending to be dictated to by other countries.

But that is how low we have come. Ghana does not face such humiliation in its democracy.  

All these threats will not make any difference on Saturday. Those calling for electoral reforms don’t get it. There are too many strong men in Nigeria without strong institutions.

The strong men manipulate and control the institutions. In countries that have made progress, it is the other way round. 

There will be violence in Edo on Saturday. The election will be rigged and the fundamental right of the people to choose who governs them will be grossly violated. That will be nothing new because the election has already been rigged against the people right from the primaries.

After the polls, the INEC will make its call which may not necessarily reflect the aspiration of the people, who, like the axiomatic toothless bulldog, will make noise but take no action.

Then President Muhammadu Buhari, the self-acclaimed, world famous democracy convert, will step in and advise the “losers” to seek redress in court. If there are fatalities, he will condole with families of those who lose their loved ones. The condolence letter template is constant. The presidential media aides will only put a new date and sign off.

Those who “win” will be inaugurated and those who “lose” will heed Buhari’s advice and go to court.

So much money, in fact much more than was used to prosecute the election, will be spent in the courts. At the end of the day, Supreme Court will give Edo people the governor it thinks they deserve.

He may be somebody who came a distant fourth, as it happened in Imo State. And Edo will join the league of states with governors appointed by the Supreme Court, not elected by the people.

And the people will move on as we are wont to do.

Democracy in Nigeria is a criminal enterprise and it continues to be so because rather than face the reality, which is, this democracy is not working, many Nigerians inexplicably choose to live in their own bubble. (thenicheng)

Niger govt insists it will close its roads despite threat from petroleum tankers group

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The Niger State Government on Thursday defied the threat by Petroleum Tanker Drivers (PTD) that it would no longer supply the north with petroleum products if the Niger State government keeps its roads shut. The state government insists it will not go back on the restriction order it placed two days ago on heavy trucks to stop plying its roads.

The insistence even as the government assured that its position will be reviewed as event concerning the closure unfolds, a statement by the spokeswoman to Governor Abubakar Sani Bello, Mrs. Mary Noel-Berje, said.

Unverified reports have it that the state has been under pressure from the federal government and other stakeholders to rescind its closure decision to avert heightening tensions in the northern part of the country.

The state government this Thursday maintained that its decision to close all its roads to articulated vehicles was done within the confines of law, stressing that adequate consultations and sensitisation with relevant stakeholders were made; and two weeks notice served to the general public, including relevant road transport organisations before the roads were barricaded.

The government statement added that it will not relent in ensuring that state roads are not accessed by the vehicles, adding that the heavy trucks are free to use the alternative federal roads that transverse the state. 

It added that beyond the current closure to fast track the reconstruction of the Minna-Bida Road, measures would be evolved such as weigh-bridges to ensure that the movement of articulated vehicles on its roads are regulated to avoid heavy flow of traffic beyond the capacity of the roads. 

Chairman of the Infrastructure, Project Monitoring and Implementation Committee, who is also the Chief of Staff to the Governor, Ibrahim Balarabe, briefed journalists on the latest development and was quoted in the statement as saying: “There is no going back on Niger state government’s decision on the ban on articulated trucks from plying the state-owned roads. We still stand on our position and will not relent on that. Our roads still remain closed to articulated trucks”.

He enjoined the federal government to rise up to the occasion and do the needful on federal roads needing rehabilitation in the State.

Recall that on Wednesday, .PTD, in a statement by its National Chairman, Otunba Salimon Oladiti, said: “we want to use this medium to inform the general public that from … Thursday, September 17, our members will not be lifting products from Lagos to the northern part of the country because the Niger State government has shut out heavy-duty trucks, including tankers, from passing through the state.

“The only alternative road is not motorable. This is Bida- Agai- Lapai-Lambata Road. In fact, this road is a deathtrap.

“When we got wind of the plan of the Niger State Government to shut the roads about weeks back, I spoke to the Minister of Works through one of his aides and he assured that the ministry would do palliative and remedial works on the road.

“Unfortunately, over two weeks after our discussion, nothing has been down on the roads.

“As leaders, we have to do the needful and protect the lives of our members from avoidable accidents and attacks from hoodlums.

“So starting from tomorrow, September 17, our members will not be lifting products from Lagos to the Northern part of the country. Until the Federal Government makes the alternative road motorable, our members will not resume lifting of products to the northern part of the country.

“In the letter to our State Chairman, the Niger State Government, through its Ministry of Transport, dated September 9, by the Permanent Secretary in the Ministry, Abdullahi U. Imam, informed us about its decision to shut out all heavy trucks vehicles from passing through the link and major roads in the state from Tuesday.

“The letter read ‘You are aware of efforts of the Niger State government to rehabilitate Minna-Bida Road and major roads leading to Minna.

“‘These efforts have largely been frustrated because of the heavy presence of heavy trucks plying these roads.

“‘In view of the forgoing, we hereby notify you of government’s decision for a total shutdown of all linking roads to Minna to heavy trucks from 12 midnight of September 15.

“‘You will, please, bring this information to all your members in order to guide them to find alternative routes for their movements’.

“Consequently, we have directed our members (tanker drivers) to stop lifting products from Lagos to the northern part of the country until further notice.”

Labour Union Meets Minister, Kicks Against Water Resources Bill

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By Martin Paul, Abuja

The Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (AUPCTRE) and a non-governmental organization(NGO),Corporate Accountability and Public Participation Africa (CAPPA yesterday restated their opposition to the Water Resources Bill before the National Assembly.

Representatives of the labour union and the NGO  met with the Minister of Water Resources, Suleiman Adamu in Abuja at a meeting called by  the  Minister to mobilise support for the contentious bill.

AUPCTRE, which is an affiliate of the Nigeria Labour Congress (NLC), and CAPPA, were adamant at the meeting and insisted that the pro-privatisation sections should be removed from the Bill or else it should be trashed.

The labour group and the CSO at the meeting restated their demands for the National Assembly to jettison the National Water Resources Bill 2020, alleging that the bill failed to address human rights issues and did not enjoy the support of Nigerians.

 The meeting, which was at the instance of the minister, followed A nation-wide criticism that trailed  the bill’s re-emergence, after it was defeated by both chambers of in the Eighth Assembly in 2018.

AUPCTRE and CAPPA had in a press briefing on August 21, 2020, raised fears that the Bill will fling the doors wide open for private entities to seize the nation’s water resources and had in a joint letter to President Muhammadu Buhari on September 3, 2020, catalogued obnoxious sections of the Bill and how they posed danger to the attainment of the Human Right to Water.

 In the last two weeks, civil society and other groups have also criticized the Bill.

 Notable Nigerians and organisations that had kicked against it include the playwright and Nobel Laureate, Professor Wole Soyinka, Dr. Yinka Odumakin of the Pan-Yoruba socio-political group, Afenifere, the Ohaneze Ndigbo, and the Ijaw Youth Council.

Benue state Governor, Samuel Ortom had threatened to sue the National Assembly, if it went ahead with the Bill, while his predecessor and Senator representing Benue North East Senatorial District, Gabriel Suswam also called for withdrawal of the Bill.

The Bill titled: “An Act to Establish a Regulatory Framework for the Water Resources Sector in Nigeria”, provides for the equitable and sustainable development management, use and conservation of Nigeria’s Surface Water and Ground Water Resources and for related matters, had scaled a second reading in the House of Representatives and has been referred to the House Committee on Rules and Business for further action.

AUPCTRE and CAPPA raised concerns about Sections 1, 2, 3, 13, 22, 24, 89, 98, 104, 105 and 107. As well as Sections 109, 110, 120, 121, 125, 129 and 131.

Speaking at the end of the meeting, National President of AUPCTRE, Comrade Benjamin Anthony said: “Our meeting with the Minister of Water Resources was very frank.

“The minister advanced reasons why the Bill should be passed, but we drew his attention to the contentious clauses that must be addressed. “We restate our opposition to this anti-people Bill and urge the National Assembly to trash it.

“The Bill fails to address human rights issues and does not enjoy the support of Nigerians. Comrade Anthony insisted that the Bill will dispossess Nigerian citizens of their inherited and cultural rights to water and should be discarded immediately.

 Also speaking, CAPPA Director of Programmes, Philip Jakpor said: The contents of the Bill are against the spirit of the July 28, 2010, United Nations General Assembly Resolution, which recognized in unmistakable terms, the human right to water and sanitation.

“Our position remains unchanged: President Buhari should use his good office to recall this contentious Bill from the legislative quarters and kick-start a fresh process, which will entail consultation and input from Nigerians from the beginning through the entire process at the National Assembly”.

Don’t Politicise the Bill – FG

Meanwhile, the Federal Ministry of Water Resources has warned that the National Water Resources Bill should not be politicised, saying the law was  consistent with the Constitution of the Federal Republic of Nigeria and the Land Use Act.

The ministry had also urged Nigerians to disregard misleading allegations, which were evident from the various commentaries noticed from those opposing the Bill.


The Minister, in a statement noted that the Bill was not a new law; rather an amalgamation of Water Resources Laws that had been in existence as enshrined in LFN 2004.

He said reports in the media appeared to had neglected the provisions of the bill which was for the development, management and efficient use of the nation’s water resources in line with global best practices.

The Minister further appealed to stakeholders and Nigerians in general to have faith in the bill as it was for the good of the nation.

 “It is in the overall best interest of every citizen of the country that the process of its passage is not politicised.

“The general public is invited to note that this National Water Resources Bill when passed into Law will better serve and provide for the enhancement of the Nigeria Water Sector in line with global best practices,” he explained in a statement.

Tinubu’s Rant Will Have No Influence On Edo Guber Election- Wike

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…Says Voters Will End APC’s Politics Of Godfatherism On Saturday

By Augustine Akhilomen

Governor of Rivers State, Nyesom Wike has laughed off the broadcast by the National Leader of the All Progressives Congress (APC), saying that it will not in any way influence the outcome of the election on Saturday.

Wike, who spoke in a two-hours no-holds-barred interview with Gbenga Aruleba of AIT, said the APC leader could see the handwriting on the wall and the imminent defeat of their party, hence the last-minute effort to de-market Governor Godwin Obaseki.

The Rivers Governor, who is the Chairman of the Campaign Council of the PDP for the Edo governorship election also dismissed Tinubu’s position that Obaseki is not a democrat, saying that he was not in a position to determine that, but a decision of the Edo people.

“It is the Edo people that will determine if Obaseki is a democrat and not Tinubu. Just like what is obtainable in Lagos, where one person determines what happens, that cannot happen in Edo.

“With all due respect, if Bola Tinubu says Obaseki is not a democrat, that is his own view because Edo people know that Obaseki is a democrat. How do you now know who is a democrat? When it was in 2016, did he not say that Obaseki is the man the people should vote for? So these are the things I say am not worried about. I don’t think his statement will have any influence on Edo people at all.”

He said the people of Edo have made up their mind to use the election to send a strong message to the former National Chairman of APC, Comrade Adams Oshiomhole, and put a final nail on the coffin to the era of politics by godfathers in the State.

“Edo people must be careful with what they hear from Oshiomhole. This is an opportunity for the Edo people to send a message to him that Oshiomhole can not be dragging them left and right. But for them to put an end to godfatherism in Edo State. If APC loses on Saturday, watch what will happen in other States.

“Oshiomhole as the godfather said this young man did very well and that you should listen to him and they voted for him in 2016. The same man said Ize-Iyamu cannot be trusted with public funds and is the same person that is facing corruption charges will you now vote for him. He turns mouth and said I made a mistake in bringing Obaseki to you, now I want Ize-Iyamu so vote for him. Only God knows what he will say tomorrow. Edo people must not allow one man to decide their fate,” Wike said.

He expressed optimism that the PDP will clinch victory in the election, just as he urged the Independent National Electoral Commission (INEC) and security agencies to resist the temptation to directly or indirectly compromise the electoral process.

According to him, “All eyes are on Edo State. People across the world are watching to see if they will want to tamper with the will of the people because they know that in a free and fair election, Obaseki will win hands down.

“We have to let the people of Edo State know now that if we follow what is on the ground and the kind of campaigns that the party has carried out, honestly, we are seeing a victory. But then again, it is not enough. Yes, the police have assured that they will not allow thugs to destroy the ballot box and that the election will be free and fair. But what disturbs us is that this is not the first time they have said that. In every election, police have said they won’t allow rigging, and INEC too will say something but at the end of the day, they still fail us.

“Yes they have said so, Yes we believe them but we still have to be vigilant. Vigilant because APC as a party is desperate. The desperation has shifted to Edo State. See, this election is not only about Obaseki, this election will make people understand the need for them to determine what their fate will be.

“This election will help to resolve whether Nigeria is ready to stop this godfatherism politics, where an elected governor can not carry out his own functions until the godfathers tell you what to do.”

He added that the candidate of the APC, Pastor Osagie Ize-Iyamu was no match for Obaseki, saying that the election contest was not between the two candidates but between the people of Edo and Oshiomhole’s overriding influence in the political process in the State.

“I think we have done very well and the message was clear, the difference was clear. The people of Edo State have found faith in PDP and we are not worried about anything. No amount of propaganda or blackmail will change it.

“I believe the message that Tinubu was sending, he didn’t get the idea properly. But they all know that there is no comparison no matter how you paint Obaseki. He cannot be compared to Ize-Iyamu. It is like if it is not Coca Cola, it can’t be Coca Cola,” Wike said.

Outrageous Lawyers Outfits: Lawyer drags New wigs to LPDC for Call to Bar Photo-shoot, Copy CJN,NBA,AGF Others

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A Lawyer, B. Inem Esq has petitioned the Legal Practitioners Disciplinary Committee, LPDC over the outrageous outfits used by lawyers called to bar recently in their pre and post call to bar photoshoot.

In the petition dated 16th September 2020, the lawyer decried the dressing manner of the new wigs. According to the petition, “The legal practitioners robes/garb which include our Wig and Gown has been extremely abused and reduced to a nonstandard by our colleagues who deem it fit in gross violation of the Rules of Professional Conduct for Legal Practitioners (RPC) to wear same along with varying outrageous colours and styles of clothing and further post pictures of this abuse for public consumption.”

The petitioner noted that the photoshoot pictures is against Rule 45 (2) (a) of the Rules of Professional Conduct for Legal Practitioners.

The Petitioner also copied The Chief Justice of Nigeria, The Chairman, Body of Benchers Nigeria, The Attorney General of the Federation, The Chairman, Council of Legal Education and The President, Nigerian Bar Association.

Below is the Full Petition.


September 16, 2020

The Chairman,
Legal Practitioners Disciplinary Committee
Federal Capital Territory- Abuja

Dear Sir,

URGENT CALL TO REDRESS DRESS CODE MISCONDUCT AND UNETHICAL CONDUCT AND DISREPUTE TO THE LEGAL PROFESSION

I write to bring to your attention the severe disrepute into which the Legal Profession has been brought particularly by greenhorn legal practitioners. The legal practitioners robes/garb which include our Wig and Gown has been extremely abused and reduced to a nonstandard by our colleagues who deem it fit in gross violation of the Rules of Professional Conduct for Legal Practitioners (RPC) to wear same along with varying outrageous colours and styles of clothing and further post pictures of this abuse for public consumption.

Reiterating the respect and sanctity to be accorded to our garb, I reproduce Rule 45 (2) (a) of the Rules of Professional Conduct for Legal Practitioners:

(2) A lawyer SHALL NOT wear the Barrister’s or Senior Advocate’s robe – (a) on any occasion other than in Court except as may be directed or permitted by the Bar Council; …

The mischief the rule above was made to cure was an abuse of the lawyer robes. Sir, today, such abuse is wanton and uncontrolled. It has been said that the dress a lawyer wears whether in or out of court must be tidy, respectable and sober; not flamboyant, sadly, this is not the case today.

Kindly find attached some pictures of recently called legal practitioners evincing the outrageous dress styles bringing the lawyer robes and by extension the profession to disrepute. While celebrating the no small feat of getting called to the bar is necessary, such celebrations should be done with utmost decorum and regard, as expected of a Barrister and Solicitor of the Supreme Court of Nigeria and not in a manner to obliterate respect, dignity and honour of the hallowed profession.

Sir, the legal profession is a very serious, noble and conservative one. In Okafor & ors v. Nweke & Ors [2007] LPELR-2412(SC) the Learned Justice of the Supreme Court, W.S. Onnoghen said:

“Legal practice is a very serious business that is to be undertaken by serious minded practitioners particularly as both the legally trained minds and those not so trained always learn from our examples. We therefore owe the legal profession the duty to maintain the very high standards required in the practice of the profession in this country.”

Sir, our robes have been worn for over 300 years and our wigs have been worn since the year 1680. Our profession has a rich history and culture that must be preserved, therefore I urge you to kindly use your good office to nip this bastardization of our hallowed profession in the bud before the situation escalates. I am willing to supply information concerning the offending practitioners in a separate petition should they refuse to cease and desist from their unethical conduct.

Please accept, Mr Chairman, the assurances of my highest regards.

Yours Faithfully,

B. Inem Esq.

ENCL: 1. Pictures of outrageously dressed legal practitioners with Lawyer garb

CC: 1. The Chief Justice of Nigeria 2. The Chairman, Body of Benchers Nigeria 3. The Attorney General of the Federation 4. The Chairman, Council of Legal Education 5. The President, Nigerian Bar Association

SEE THE PICTURES BELOW

Catholic Priest Makes History As He Becomes The First Appointed High Court Judge In Ghana

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THE Ghana Judiciary witnessed an unprecedented event as Reverend Father Joseph Adu Owusu-Agyemang has made history by becoming the first Priest to be appointed as a High Court Judge in the country.

Reverend Father Josepth Adu Owusu-Agymang is the Parish Priest of All Saints Catholic Church, Santasi Fankyenebra in the Kumasi Archdiocese.

President Akufo-Addo at the Jubilee House on 16th day of September 2020 inducts 16 Judges in which the reverend father was equally part of them.

It is significant to note that there exist many priests who practice Law in Ghana but none has ever been appointed as a Judge of the High Court.

Reverend Father Josepth Adu Owusu-Agymang was ordained by Archbishop Peter Akwasi Sarpong as a priest on 14th day of July, 2007 and had been in the Kumasi Archdiocese where he worked at Archdiocese’s legal service department.

Meanwhile, the Ghana President charged the newly appointed Judges to exhibit honesty, discipline, and fairness in their line of work so that, Ghanaians will have trust in the judiciary.

“It is, therefore, critical for the growth of the nation that the High Court commands the respect of the people by the quality of its justice, as well as by the comportment of its judges,” the President added.

Ohanaeze To Buratai: You Lack Powers To Declare State Of Emergency In Southeast

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Apex Igbo Socio-cultural organization, Ohanaeze Ndigbo, on Wednesday told the Chief of Army Staff, Tukur Buratai that he lacks the powers to declare state of emergency in the southeast.

The organization was reacting to a statement allegedly made by Mr Buratai wherein he was quoted to threatened to impose a star of emergency in the southeast.

Two officials of the Department of State Security (DSS), were killed last month in Enugu when members of the Indigenous People of Biafra (IPOB) were killed in a clash with security agents in Enugu.

Also some members of the proscribed group were also killed in the said clash with many injured and others arrested.

In the wake of the incident and with tensions high in the region especially in Enugu, there were unconfirmed reports of security agents, especially Military officers, being attacked in Enugu.

Reports also emerged that the Chief of staff, visibly angry at the attacks, threatened state of emergency in the region if the attacks continued.

TheThenigeriaLawyer could not confirm the authenticity of the said threat allegedly made by Mr Buratai.

Nevertheless, Ohanaeze in the statement signed by its Publicity Secretary, Uche Achi-Okpagha noted that the Chief of Staff has not come out to deny making the statement till date.

“The attention of Ohanaeze Ndigbo Worldwide has been drawn to a statement credited to the Chief of Army Staff, General Tukur Buratai, threatening to impose a state of emergency in the South East if Governors of the states allowed any further attack on security forces in the states, a statement he has not denied,” the statement said.

The group noted that while it decries violence in any form in the states, it takes particular exception to an open threat and warning to South East governors who by the country’s constitution are chief security officers of their states but are lame ducks in practice as all security commands come from Abuja.

“Ohanaeze Ndigbo finds it particularly provocative for General Buratai to issue such a warning to governors of the South East where relative peace prevails while he has not done the same in the North Central, North West and North East which have become theatres of war and where army posts and bases have been subjected to incessant attacks by the Boko Haram, ISWA/ISIS, bandits and Fulani herdsmen, killing and maiming Nigerian soldiers,” he said.

The group also wondered where the army chief derives the power to issue such a threat which under the country’s constitution can only be carried out by the National Assembly on demand by the President.

“It is highly surprising that an army chief who was watching as the governor of Katsina State was negotiating and taking pictures with armed bandits would turn round to threaten to impose a state of emergency in states where unarmed citizens are agitating against the harsh and inhuman conditions they have been subjected to by their country.”

Mr Okpagha said that Ohaneze believes that the threat by General Buratai is a vindication of the belief that the South East is being regarded as a conquered territory, exemplified in the army of occupation stationed in the area.

“It is also a glaring example of the reckless impunity of public officers and a tacit manifestation of the vacuum in governance at the Federal level,” Mr Okpagha added.

Labour Disagree With FG Over Electricity Tariff, Fuel Price Hike

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… Says Govt has no plan for palliative as hikes erase minimum wage
… Subsidy must go, FG insists

Organised Labour under the auspices of the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) has again disagreed with the Federal Government over the recent increase in the prices of petroleum products and electricity tariff, stressing that both policies are a burden on Nigerian workers.

President of the NLC, Ayubba Wabba, made this known to the Government during dialogue with government representatives on the state of the economy, even as he condemned the fixing of prices of electricity and petrol without consultations with Nigerians.

He also lamented that the increases have erased the gains of the minimum wage of N30,000 signed into law by President Muhammadu Buhari judging by the current state of things especially with high rate of inflation.

Wabba said many Nigerian workers are struggling to survive because of the high cost of living caused by government’s recent policies which included increase in the Value Added Tax (VAT).

Minister of Labour and Employment, Chris Ngige led the government team to the dialogue which held at the Banquet Hall of the Presidential Villa, Abuja. It also had his junior minister, Festus Keyamo SAN; Minister of Power, Mamman; Minister of Works and Housing, Babatunde Fashola SAN; Minister of State for Petroleum, Timipre Sylva and others in attendance.

The labour delegation was led by Wabba, President of the TUC, Quadri Olaleye, Secretary General of the TUC, Musa Ozigi-Lawal, Petroleum and Natural Gas Senior Staff Association of Nigeria President, Festus Osifo and the President of Nigeria Union of Petroleum and Natural Gas Association of Nigeria, Williams Akporeha among others.

Wabba stated: “The question now is what do you have on the table to actually cushion the effect on workers and their families because they have been pushed to the wall. They are already enraged. Do you have anything for us so that we can say yes despite this challenges this is what I have for Nigerian workers that they can be able to have something that can cushion this effect for them?

“Already, the value of the minimum wage have been eroded. The purchasing power parity when you compare with all West African countries we are already on the ground. That is the reality. If Ghana compares their minimum wage with our own you will see their minimum wage.”

The NLC President blamed federal government for ” transferring the “inefficiency in the subsidy regime” to the consumers which they have to pay through hike in price even as he urged the government to fix the nation’s refinery and stop the corruption inherent in the subsidy regime.

Wabba said: “I agree with Mr. President that subsidy is a fraud but do we address it or transfer it to the customers? That is where the issue is. We don’t need to transfer it to the customers.

“More than 90 countries of the world actually have minimum wage on this. Those are the issues that is biting very hard and workers and citizens are crying aloud that there is much burden on them.

“We have increased VAT, we have increased some taxes, we have increased now the fuel price and the tariff on electricity. An ordinary worker can’t pay those charges. In fact higher level officers are complaining seriously. This is the predicament we are in.

“Therefore let us also look for solutions. How do we mitigate this impact which is very pronounced on workers.

“Any time you increase the cost of petroleum product and electricity tariff they will transfer the cost to the consumer and therefore the cost of goods and services will go up. Clearly speaking, what we need to do is to protect these vulnerable group of people- the workers and the citizens.”

Contributing the TUC President Olaleye, who on Monday threatened strike with a seven-day ultimatum to the Government, insisted that the government has to reverse the recent increases and policies which have been biting Nigerians hard.

The TUC president stated: “Nigerian workers are crying and the populace are also crying. Last year December we were so happy that when we signed the minimum wage agreement and Nigerian workers were happy that their lots were increased. Unfortunately now they are crying. By calculation we are losing additional 15 percent of what we gained as a result of signing minimum wage.

“For somebody who is paid N6,666 as increment now is losing not less than N25, 000 from his income. The N6, 666 is going additional N15, 000 is added.

“Let us remove the effect of Covid -19, our leaders, our representatives nothing has cc changed. We have not been able to discuss labour matters since February all in the name of there is Covid -19 but people that are signing budget, people that are sharing money on daily basis they meet either on zoom or physically. They meet and share those money but when they come to labour matters we have to remember that there is Covid -19.

“The questions are members are asking is that does it really means that the politicians represent the rich people in this country? Does it mean it is only labour that represent the poor people? Does it mean when we have economic predicament that is when we call Nigerians that we want to hear from them but when we have surpluses we hear nothing about it.

“I cannot remember any time in this country that we had surplus and Nigerian workers or populace will feel it on their Palm or in their pockets but when we have predicaments especially crude oil crash then labour will be called upon, let us see how we can rescue the economy. I think it is high time everybody bear their fathers’ name.”

However, Minister of State for Petroleum Resources, Timipre Sylva during the dialogue pointed out that the federal government was yet to begin the full deregulation of the downstream sector because of the Government does not want to suffer the people.

The minister in presentation made on the economy stated that the reigning cost of petrol is N163 but it is sold for N161 per litre, which indicates that full deregulation is indeed yet to take off in the country.

He noted that going by the current exchange rate, the products could have been sold at N183 per litre.

He said the federal government spent N10.4 trillion on petrol subsidy between 2016 and 2019 adding that country was losing N1 billion daily to fuel subsidy between 2016 and 2019.

He said “We have not fully deregulated because of the concerns government has for Nigerians. Price of fuel could go up to 183 going by the current rate of the dollar. We need to open up the economy even though the initial stage may bring pains to Nigerians.

“Subsidy was not sustainable. Some of the past governments didn’t have political will to remove it.
We know that rise in prices will bring some pains to Nigerians. We are the first to admit that. We have thought of alternatives.”

Gov. Uzodinma Signs Imo ACJL Into Law, Allows Suspects To Be Detained At The Pleasure Of The Governor & Must Obtain License Before Release

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THE Governor of Imo State, Sen. Hope Uzodinma has assented into Law, the Imo State Administration of Criminal Justice Law, No. 2 of 2020 on the 11th day of March, 2020.

However, controversies have trailed the legality or otherwise of the provisions relating to “PLEASURE”, permitting the State Governor to detain suspects at his pleasure.

Section 484 of the Law provides :

“Where any person is ordered to be detained during the Governor’s pleasure he shall notwithstanding anything in this Law or in any other written law contained be liable to be detained in such place and under such conditions as the Governor may direct and whilst so detained shall be deemed to be in legal custody”.

In addition, the Law provides that a detainee may only be discharged if granted license by the Governor.

Section 485 provides:

(1) A person detained during the Governor’s pleasure may at any time be discharged by the Governor on license

(2) A license under subsection (1) of this section may be in such form and may contain such conditions as the Governor may direct.

(3) A license under this section may at anytime be revoked or varied by the Governor and where license has been revoked the person to whom the license relates shall proceed to such place as the Governor may direct and if he fails to do so, may be arrested without warrant and taken to such place.

Meanwhile, by the above provision, it means the Governor can detain a suspect at will and direct the custody in which such a person is to be kept.