A judge of the ECOWAS Court of Justice, Justice Dupe Atoki has expressed concern at the ‘unsatisfactory’ level of enforcement of the decisions of the Court by Member States which stood at 34 per cent and suggested the involvement of political actors in the enforcement process in order to emulate the best practices from other jurisdictions.

In this regard, the judge recommended in a paper delivered at a virtual panel discussion on “Rule of Law Crisis: Enforcement of Court judgements and the fight against corruption,” that a committee of regional ‘Ministers be constituted to monitor and supervise the enforcement of the decisions of the Court as is the case in the European court and other international systems.’

In the paper which was on the ‘Enforcement of judgments of the ECOWAS Court of Justice,’ Justice Atoki suggested that the President of the Court should also be allowed to provide a report on the Court to the political authorities to apprise them of the judgments of the Court and their enforcement status for a holistic understanding of the Court.

Justice Atoki cited the provisions of the ECOWAS Treaty and Community Texts on the Court which cumulatively demonstrated a ‘clear indication of the purposeful intention of the founders of ECOWAS to establish a court that can deliver enforceable judgments.’

She however noted that the non-enforcement of judgment in the ECOWAS Court should not be seen as an African syndrome but a global disorder citing the 2004 report of the European Court of Justice which showed 144 cases where Member States failed to fulfil its obligations under Community law and a total of 2,497 since its inception.

In assessing the effectiveness of the enforcement mechanism for the decision of the Court, the judge noted that gaps were created in leaving enforcement to Member States in accordance with the rules of civil procedure of the Member State and obligates them to appoint a competent national authority for the purpose of receipt and processing the execution and notification of the Court as only six States have complied.

But in order to help change the landscape of impunity by Member States that exhibit outright disregard for the decisions of the Court, Justice Atoki argued in the paper that the time is apt to exercise the powers of the ECOWAS Court to impose sanctions in line with the provisions of the 2012 Supplementary Act of the Community on sanctions for failure by Member States to fulfil their obligations to the Community and consistent with practices of other international courts.

Consequently, she said that the ‘lacuna in providing the modalities for non-enforcement of sanction by the court calls for urgent attention which will involve a review of the Protocols relating to the Court,’ adding that  ‘a systematic process of enforcement akin to the political sanction should be considered.’

She also challenged public spirited individuals and Non-governmental Organisations (NGO’s) to engage the process provided by Article 15 of the Supplementary Act to hold Member States accountable to domesticate Community Texts.

The panel discussion was organized by the Socio-Economic Rights and Accountability Project (SERAP), a Nigerian NGO in collaboration with the MacArthur Foundation.

TWO lawyers – Prof. Zainab Duke Abiola and Mr Aliyu Lemu – were on Monday barred by the Justice Isa Salami-led Judicial Commission of Inquiry from appearing for the suspended Acting Economic and Financial Crimes Commission (EFFC) Chairman, Ibrahim Magu.

They (lawyers) were appearing for the first time to beef up Magu’s defence team.

The panel, which walked out the lawyers, said it recognizes lawyer-activist Wahab Shittu as Magu’s only defence counsel.

Although the development caused a stir at the sitting at the Presidential Villa, Abuja, Justice Salami stood his ground.

A source said: “Trouble began at about 11.50am when Mr. Wahab Shittu, who has been appearing for Magu, stood up to introduce other members of the legal team.

“But, Justice Salami was said to have interrupted Shittu and insisted that only him would be allowed to defend Magu.

“The former PCA thereafter directed the security agents to bundle out the lawyers from the venue.

“Shittu has appeared for Magu for the past two months and raised certain issues including fair hearing for his client and the need to cross-examine witnesses who testified against his clients.

“Due to the seriousness of the inquiry, Shittu reportedly led Prof Zainab Duke Abiola (MNI) and Mr Aliyu Lemu to the venue of the panel on Monday.

“Abiola is a globally renowned human rights activist, anti-corruption crusader, member of the British Bar and the Akasoba of Kalabari Kingdom. She is also the widow of the late Chief MKO Abiola who lived and died for the enthronement of democracy in Nigeria.

“Upon arrival at the venue, Shittu introduced members of his team before the panel and as soon as he finished speaking, Justice Salami ordered that only Shittu would be allowed to represent Magu.

“He insisted that other members of the team dhould leave the venue. Attempts by Shittu and Abiola to explain the sanctity of legal representation for Magu were resisted by Salami and other members panel who refused to listen to their explanations.

“But, Monday’s proceedings took a new dimension when Salami immediately ordered security agents to escort Abiola and Lemu out of the venue, thus denying Magu the constitutional right to be represented by the legal practitioners of his choice.”

Reacting to the incident, Prof Duke Abiola expressed her disappointment with the conduct of the panel.

A statement by Magu’s defence team quoted her as saying: “What happened today has highlighted the nature and manner the panel of inquiry has been conducting its sittings secretly against the presidential directive and the instrument setting it up, that it should hold a public. It is unacceptable and patently illegal”.

She said it was unfortunate that she was given such a treatment meted out to her.

The professor added: “The development is unprecedented in the history of Nigerian legal system as even in the worst days of the Nigerian Military junta, Nigerians had the right to be represented by lawyers of their choice.

“The conduct of the panel indicates a descent into a Hobbesian state where the powerful trample upon the honest and upright citizens’ quest to serve their country with honour and integrity.

She asked Nigerians to stand up in support of their anti-corruption champions.

Abiola also called for an “end to the travesty and charade being conducted by the panel, saying that its action may ridicule Nigeria in the international anti-corruption community.”

It was learnt the panel was angry because there was no formal letter from the defence team to engage more lawyers.

A source said: “What happened was an ambush because the commission had no knowledge of new lawyers joining Wahab Shittu.

“I think there ought to be a formal process of announcing additional representation for Magu which was not done.

“This is a Judicial Commission of Inquiry which should be well-respected.”

Residents of Alapere area of Lagos on Saturday recorded another tragedy as two yet-to-be-identified children were swept away as people battled flood after a downpour that lasted for hours and submerged many parts of the area.

The incident occurred about 8:00pm at Oyebanjo Street, Ketu.

While the rain forced some residents to stay indoors, a few others suffered personal tragedies as the downpour and flooding led to destruction of property.

The Lagos State Emergency Management Agency in a situation report (sitrep) on Sunday said a search operation was ongoing to find the missing children.

LASEMA’s Director-General and Chief Executive Officer, Dr Olufemi Oke-Osanyintolu, noted that it was discovered that the children were missing around 8:00pm on Saturday.

He said, “The agency received distress calls concerning the above. On arrival at the scene of the incident it was discovered that, around 8:00pm, two children had been caught up by floodwater.

“A joint team of responders comprising agency responders, LASG Fire Service and LASAMBUS was at the scene.

“The agency’s tiger team commenced a search and rescue operation along the path of the floodwater.

“Initial observations revealed a sloping topography with a direct channel of drain water into the canal. This has proven to be rather challenging to navigate. Rescue operation remains ongoing.”

The Lagos State Commissioner of Police, Mr Hakeem Odumosu has announced the appointment of the Officer-in-Charge of the Legal Unit, SP Yetunde Cardoso as the “Judicial Liaison Officer” for the command to accelerate access to detainees.

He directed Cardoso to work with the Legal Aid Council of Nigeria; Nigerian Bar Association (NBA), Lagos Branch; Rule of Law and Anti-corruption (ROLAC) programme of the British Council, and Rights Enforcement and Public Law Centre (REPLACE) among other civil society groups “to promote prompt dispensation of justice in the state and to ensure that the Human Rights Desk of the command is active.”

Odumosu stated while receiving the delegation on advocacy visit that criminal justice administration starts with policing and assured them of the command’s cooperation in promoting rule of law and access to justice.

“It is a symbiotic relationship; be assured of our commitment. Everything the stakeholders are doing is towards making the society better.”

Odumosu assuring of his support for the programme, noted that it “provides an enabling atmosphere for easy access to police facilities and suspects by designated members.”

He, however, emphasized the need for proper conduct to ensure that the PDSS volunteers work in line with the mandate of the programme.

Odumosu promised to inaugurate the Force Order 20 Advisory Committee once he receives a directive from the Inspector-General of Police, Mr. Muhammed Adamu, adding that the directive is crucial in order to ensure uniformity in composition of the committee.

In her remarks, the leader of the delegation and Zonal Director of the Legal Aid Council (South-West), Mrs. Latifat Salau noted that both Force Order 20 and the Legal Aid Council Act empower the council to visit police detention centres in collaboration with non-governmental organisations.

She emphasized that the PDSS programme enables lawyers to visit police detention centres “to look at the welfare of inmates, ensure that they do not spend longer time than is constitutionally provided for, and generally secure their fundamental rights.”

Salau observed that while some police stations accord duty solicitors unfettered access to detainees, “others do not, thereby creating bottlenecks in achieving the goals of Force Order 20.” She urged Odumosu to redress the hardship by directing officers to facilitate access to detainees by duty solicitors.

While the Executive Director of REPLACE, Mrs. Felicitas Aigbogun-Brai assured the police top shots – which included two deputy police commissioners and the commander of the Rapid Response Squad (RRS) among others – that the duty solicitors have been duly trained and accredited by her organization, Mrs. Ajibola Ijimakinwa, Lagos State Coordinator of ROLAC, stated that the PDSS programme is funded by the European Union (EU) and implemented by the British Council through ROLAC/REPLACE. She assured the police high command that “You are in good hands.”

The delegation also included the Chairman of NBA Lagos Branch PDSS Sub-committee, Mr. Emeka Nwadioke; Mrs. Grace Adenubi and Mrs. Omolara Rogers, both of the Legal Aid Council of Nigeria, and Mr. Segun Babalola, Programme Officer at REPLACE.

Nwadioke was last February appointed Chairman of NBA Lagos Branch PDSS programme with a charge to drive implementation of sections 33 and 34 of the Administration of Criminals Justice Act 2015 (ACJA).

On his part, the Vice Chairman of NBA Lagos Branch and Chairman of its Human Rights Committee, Mr. Okey Ilofulunwa commended the command for its work in combating crime and assured that NBA “will continue to place premium on safeguarding the rights of detainees in collaboration with critical stakeholders.

“The committee will domicile its members in police detention centres among others to offer free legal services to detainees and help in stemming the filing of frivolous charges which congest our courts,” Ilofulunwa had stated while announcing the appointment. “It will also accompany chief magistrates to oversight detention facilities in the Lagos area towards ensuring compliance with human rights standards.”

Photo caption: Mr. Emeka Nwadioke; Mr. Oqua Efiom Etim, Deputy Commissioner of Police (Finance & Administration); Mr. Okey Ilofulunwa; Mr. Hakeem Odumosu; Mrs. Latifat Salau; Mrs. Ajibola Ijimakinwa and Mrs. Felicitas Aigbogun-Brai.

THE President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has described the judiciary saga in Cross Rivers State as one capable of undermining the independence of the judiciary because of the failure of the State to confirm Hon. Justice Akon Ikpeme as the substantive Chief Judge thereby creating a vacuum.

This is contained in a statement dated 14th day of September, 2020 signed by the NBA President which was made available to TheNigeriaLawyer (TNL).

He noted that the situation is brewing “constitutional crisis and strikes at the rule of law”. Thus, He charges the State Governor, Prof. Ben Ayade, and the House of Assembly to confirm Justice Akon as the Chief Judge in order to forestall crisis.

The statement reads:

With dismay, the Nigerian Bar Association (NBA) has been following the protracted crisis rocking the judiciary in Cross River State. The hallowed office of the Chief Judge of the State has remained vacant for about two weeks following the expiration of the 3-month tenure of Hon. Justice Maurice Odey Eneji, who took office in acting capacity in line with the 1999 Constitution of the Federal Republic of Nigeria (as altered).

The present administration of the NBA has pledged to strictly monitor compliance with the 1999 Constitution and the Rules and Procedure of the National Judicial Council (NJC) on the selection and appointment of superior court judges. The Constitution is designed to forestall any scenario involving a vacancy in the office of a Chief Judge; and the NJC, in the proper exercise of its constitutional mandate, has made recommendations for the appointment of a substantive Chief Judge. The failure of, or refusal by, the government of Cross River State to complete the appointment of a substantive Chief Judge is, therefore, brewing a constitutional crisis and strikes at the very root of the rule of law. This vacancy is also crippling judicial activities and is undermining the independence of the judiciary in Cross River State.

The NBA is particularly disturbed by the reasons undergirding the refusal, by the Cross River State House of Assembly, to confirm the recommendation and appointment of Hon. Justice Akon Ikpeme as substantive Chief Judge. The NJC has unanimously agreed that the reasons adduced by the House of Assembly are untenable and unsubstantiated, and has reinforced its recommendation of Hon. Justice Akon Ikpeme. The NBA agrees with the NJC in this regard and enjoins the Governor and the House of Assembly of Cross River State to complete the appointment and confirmation of Hon. Justice Akon Ikpeme as substantive Chief Judge. To do otherwise would worsen the present imbroglio and significantly diminish public confidence in the judiciary.

The NBA is working with the NJC to speedily resolve this issue before it does further damage to the public perception of the judiciary. It is our duty to defend the rule of law, and we will prod the government of Cross River State to appoint Hon. Justice Akon Ikpeme as substantive Chief Judge, in line with the recommendations of the NJC and the long-held judicial tradition of appointing the most senior judicial officer as Chief Judge.

There is no doubt that the casualties of this unfortunate development are the residents of Cross River State, who rely on the judiciary for the resolution of their disputes and for the remediation of their grievances. The NBA, therefore, calls on the government of Cross River State to put the interest of its people and the rule of law first by speedily resolving this constitutional crisis.

OLUMIDE AKPATA
President, Nigerian Bar Association
14th September 2020

I’m a graduate but he’s a welder. I mistakenly got pregnant for him and had no choice but to marry him. My marriage to him is hell because we are not compatible. He once stole my pant and I guess he wanted to use it for ritual.”

Husband reacts: “She treats me with disdain and dictates when we should have sex. I became a common face at canteens because the earliest time she returns home from work is 11:00 p.m.”

A woman, Sadiat Abass has brought a divorce suit against her husband, Lasisi Abass, at Oja Oba/ Mapo Court C Customary Court, Mapo, Ibadan, Oyo State.

Sadiat in her suit claimed that her husband failed in his responsibility towards him and their only child.

She added that he once had sex with her by force and at another time stole her pant for evil purpose.

The plaintiff stated that the defendant later threw her belongings out of his house and threatened to pour acid on her.

Lasisi gave his consent to divorce.

The defendant denied all the allegations brought against him by his wife, stating that she cooked them up in order to have a fair hearing.

Lasisi stated that the plaintiff was in the habit of humiliating him and that she loved to have her way.

According to him, the plaintiff burnt him with a hot iron when he insisted on having sex with her and added that she moved out of his house out of her own volition.

Giving his judgment after he heard both parties, the court president, Chief Ademola Odunade, stated it was crucial that that the court ended their marriage since it showed the display of violence.

Ruling, Odunade put an end to their union and granted custody of their child to the plaintiff.

The defendant was asked to be responsible for the child’s welfare, stressing that his education and health care should be given utmost priority.

According to Odunade, Lasisi must give Sadiat N5,000 every month for their child’s feeding.

This he stated must be carried out through the court.

“I don’t regard Lasisi as my husband. As far as I am concerned, we are just cohabiting,” Sadiat stated.

“I never had the plan of getting married to him because we don’t belong to the same class. I’m a graduate but he’s a welder. I got pregnant for him by mistake and had no choice than to marry him.

“I never enjoyed my marriage to Lasisi for a day because he is irresponsible.

“He neglects my welfare and that of our only child. He doesn’t believe that the provision of food and other necessities in the home should be his duty since according to him, I’m working.

“I work hard to cover up his lapses but he always shows he’s an ingrate.

“Any time I cook, he will empty the whole pot not caring if our child and I had eaten,” the plaintiff explained.

“Lasisi once took my pant and I believe he had an evil motive in mind. His plan was to use it for ritual purpose. I searched for the pant for about two weeks and later found it in his possession. He has failed to explain till date what it was doing among his things.

“I reported him to my parents and they advised that I throw the pant away.

“We once had a misunderstanding and we fought. He locked me out of the house and refused that I enter. I notified my parents and they did all they could to placate him but he remained adamant. I moved to my sister’s place and was with her for two weeks before he agreed that I moved back to his house,” Sadiat added.

She went on, “My lord, Lasisi once raped me. We had sex the previous night which was a Saturday and around noontime the following day he again demanded for another round.

“I refused him. He struggled with me and almost strangled me. He later had his way and we fought after this.

“He took to monitoring my movement and ensured that I had no peace in the home.

“He threw my belongings out and I moved to my parents’ house.

“He has since then sent thugs after me while he also threatened to disfigure my face by pouring acid on me.

“I appeal to this honourable court to dissolve our marriage and restrain him from carrying out his threats,” she said.

In his testimony, Lasisi said: “My lord, Sadiat is deceitful in nature. I am therefore not surprised she told the court so many lies in order to curry its favour.”

“Sadiat does whatever pleases her in the home because she knows I’m a gentleman and hate to beat my wife.

“She shouts on top of her voice when addressing me and treats me with disdain even in the presence of others.

“She dictates when we should have sex and would always insist on having her way.

“I once demanded for sex and she denied me. I got annoyed and insisted I was having my way. There was a struggle and she went for a hot pressing iron and burnt my nect with it.

“I felt a sharp pain and the spot got swollen. It developed into a sore which I nursed for weeks.

“That pain spurred my determination to have sex with her that day.

“Sadiat lied that I didn’t care for her. I rented a shop for her and gave her N20,000 to stock it with goods. I also stood as her guarantor twice when she took loans from a microfinance bank to buy more goods for her shop.

“A friend of mine who resides abroad also gave me N50,000 and this we added to the almost N200,000 loan.

“I was the one who paid back all the loans, yet she stated that I was irresponsible.

“Even though she sells foodstuff and provision, I still give or transfer money to her to buy foodstuff for the home.

“Early in our marriage I would join her in her shop in the evening to pack her wares and lock the shop. But I guess she didn’t want to be seen with me because she would always shout on me. I thus decided to stop going there.

“Sadiat thereafter took to coming home late. The earliest time she returned home was 11:00 p.m. Any time I complain, she would shout on me.

“Since she was never around to cook our meals, I resorted to eating at a nearby canteen.

“She never ceased to fight with me. She moved out of my house twice and it took the intervention of my family members and hers before she agreed to move back.

“On the second occasion she told her father she would soon return to their home.

“I asked her what she meant by that statement when we got back home and she told me she had made up her mind not to have more children for me.

“I never stole her pant, neither am I fetish. I’m a decent person and have always lived a clean life.

“My lord, since she’s insisting on divorce, I pray the court to grant her wish, “he concluded.

The Minister of Finance, Budget and National Planning, Zainab Ahmed, has said that there might not be a significant change in fuel price when the Dangote refinery begins operation next year.

Ahmed said that fuel will still sell at the international price because of the location of the refinery which is at the Export Processing Zone in Lagos State.

Speaking on NTA’s ‘Good Morning Nigeria’ programme on Monday, the minister said that the advantage with the refinery is that Nigeria won’t pay shipping cost.

Zainab said, “What we are doing is enabling the petroleum sector to actually grow. There have been a number of refineries that have been licensed for several years. None of them was willing to start refining under the regime that we had were fuel was controlled.

“The Dangote refinery is sitting within an Export Processing Zone so they are insulated from that. When we buy fuel from Dangote, we will be buying fuel at the international market price. The only savings that we will be making is the savings of freight which is shipping.

“But we will still have landing cost; labour cost and the marketers will still have to put a margin. These refineries being refineries that are supposed to have come to operate can now come in because they are assured that when they produce, they can sell at market rate and recover their investments and make some reasonable profits.”

She said that investments in refineries will be encouraged due to the deregulation of the sector which is good for the economy despite it leading to an increase in fuel price.

Pointing out the need to encourage private refineries, the minister said that government-owned refineries won’t be rehabilitated because they are old.

Ahmed added, “It will mean more refineries will open, they will employ people and fuel will be available in different parts of the country and not just relying on the government refineries.

“Those refineries are old and even if we turn them around, we will not be able to operate them at optimal capacity so while the NNPC is trying to rehabilitate them, we also need to encourage the private sector refineries to come on stream and even state governments that have the capacity.”

Buttressing her point, the Minister of State for Petroleum Resources, Timipre Sylva, said that refining crude oil locally won’t have a significant effect on fuel price.

According to him, crude oil is what determines the cost of petrol, and as long as it remains high in the international market, fuel price will be affected.

He also said that if crude oil is refined locally – which will save the cost of transporting – the cost of labour which includes hiring expatriates will still have an effect on fuel price.

The minister added, “For now, our supply is coming mostly from imports as we all know. And that doesn’t really have an impact on the price as people would think. The only difference that will happen if our supply was coming from in country would have been the freight price. But whether it is coming from outside or coming from within, it will be about the same cost because when you import, the only difference is that you will have to pay the freight. But it is the same cost of crude and whether you are refining or not, you will have to pay the market price for the crude.”

Operations at the Dangote refinery will commence next year and is expected to refine 650,000 barrels of crude oil per day.