2023 in Review
Another year has come to an end, and for THISDAY LAWYER, 2023 was a mixed-bag of the good, the not-so-good and the bad. For the Bar and the Bench, it was a redefining year, given the multifarious challenges that presented themselves, especially as it was an election year. In this last edition of the year, we present a holistic kaleidoscopic review of all the covers in all our editions of the year 2023, which made the headlines
January 3
The year opened with the first edition, an interview with the immediate past Attorney-General and Commissioner for Justice, Ekiti State, Olawale Fapohunda, SAN headlined ‘Those Waiting for Clean Politics, Will Wait Indefinitely’
The office of State Attorney-General and Commissioner for Justice, is one delicate job that only the best of Lawyers should hold. Olawale Fapohunda, SAN is a two-term Attorney-General of Ekiti State, a trail blazer who introduced many innovations to the Justice Sector of his State, left uncountable, progressive legacies which will hopefully endure, especially in one of his key intervention areas – capacity building in the Ministry of Justice – and be built upon by his successors-in-office. In a chat with Onikepo Braithwaite and Jude Igbanoi, the well respected and renowned Administration of Justice Sector Reform Activist, whose reputation goes beyond the shores of Nigeria, shared his vast experience in Justice Sector reforms, and his vision for a better regime of justice administration in Nigeria, including his altruistic quest for better conditions of service for judicial officers.
January 10
Our first female interview personality of the year was Professor Joy Ngozi Ezeilo, SAN
‘Who is the Practitioner, Without a Teacher?’
The coveted rank of Senior Advocate of Nigeria, is the very pinnacle for any Lawyer in Nigeria. But, Lawyers in the Ivory Tower, are made to walk the toughest road towards attaining this prestigious rank. Professor Joy Ngozi Ezeilo, SAN, Professor of Public Law, Dean Emeritus, Faculty of Law, University of Nigeria, and former United Nations Special Rapporteur on Trafficking in Persons, especially Women and Children, walked that rough road to SANship and was elevated to the rank in December 2022. In a chat with Onikepo Braithwaite and Jude Igbanoi, she spoke about her passion, providing succour and free legal services to women, children and the underprivileged through her NGO Women’s Aid Collective (WACOL), which recently turned 25 years old. She also discussed the worrisome issue of human trafficking, her concern about continued Police brutality which has continued to claim lives, and with her endless list of accomplishments, confessed that she feels fulfilled, both personally and professionally.
January 17
In preparation for the elections, we examined the crucial issues of insecurity
Insecurity and the 2023 Elections
With just a few weeks to the 2023 general elections, the Independent National electoral Commission (INEC) in a statement by its National Commissioner on Voter education, Festus Okoye, expressed apprehension about the effect the insecurity in the various parts of the country, including the attacks on INEC Facilities, may have on the Commission’s preparations for the forthcoming elections. Professor Abdullahi Abdu Zuru, Chairman of the Board of Electoral Institute (BEI), representing the Chairman of INEC at an election-security training program, also warned that the growing spate of insecurity in many parts of the country may lead to a cancellation or postponement of the 2023 general elections. Although, INEC’s Chairman, Professor Mahmood Yakubu has reiterated the Commission’s determination to go ahead with the elections as scheduled, speculations are rife that the Commission may have no option in the face of heightened insecurity. Femi Falana, San, Dr Kayode Ajulo, Jide Ojo and Dr Emeka Ejikonye examined the issues and implications, should INEC have decided to postpone or cancel the elections. Luckily, it did not come to that!
January 24
In this edition, we reported on the unprecedented act of selfless philanthropy by the doyen of the legal profession, Chief Wole Olanipekun, CFR, SAN when he built and donated an ultramodern court to the Ekiti State Judiciary. Olanipekun: Giving Back to the Judiciary and Legal Profession
In an act of selfless philanthropy, one of Nigeria’s foremost legal titans, Chief Wole Olanipekun CFR, SAN built and donated to the Ekiti State Judiciary, an ultramodern High Court Complex in his hometown, Ikere Ekiti, Ekiti State, which was commissioned on Thursday, January 19, 2023. Onikepo Braithwaite and Jude Igbanoi who were present at the epoch-making ceremony, reported.
January 31
Judges’ Salaries and Allowances: NBA’s Radical Proposal to RMAFC
The issue of judicial remuneration has been a matter of concern for justice sector stakeholders, certainly since the return of Nigeria to democracy in 1999. There is a consensus that any discussion on justice sector reform, must necessarily include consideration of judicial salaries and allowances. It is almost unbelievable, that judicial officers in Nigeria have been on the same salary scale for about 15 years and counting. Compared to the other arms of government, the Judiciary appears to suffer some of the worst conditions of public service. Yet, successive governments since 1999, have glossed over the issue. To an objective observer, it would seem like a contradiction in terms for Nigeria and Nigerians to desire a world class judicial system, and yet, saddle a key enabler of that system with poor conditions of service. This was the position until recently, when President Muhammadu Buhari directed RMAFC (Revenue Mobilisation Allocation and Fiscal Commission) to commence the review of remuneration of judicial officers. In a 144 paged memorandum jointly signed by Yakubu Maikyau, OON, SAN, President of Nigerian Bar Association (NBA) and Olawale Fapohunda, SAN, Alternate Chairman, NBA Working Committee on Judicial Remuneration and Conditions of Service, the NBA made a compelling case for an urgent radical review of Judicial Remuneration. The Memorandum proposed an ambitious 200% increase (a figure that has since the then been overtaken by events with inflation) in the basic salaries of all Judicial Officers. also noteworthy, is the total overhaul of what currently consists of judicial allowances. Perhaps, the most radical proposal yet, is the recommendation of removing judicial office holders from the purview of RMAFC, and the establishment of a separate Panel to oversee matters concerning Judicial Salaries and allowances. There is no doubt that, this Report has set the framework for a vigorous debate on the issue. RMAFC has, by this memorandum, been presented with an agenda to engage justice sector stakeholders. Without prejudice to the desirability of a consultative process, it must be said that debates on this issue should be time bound. It is time to recognise the invaluable role of the Judiciary, in consolidating our democracy. Nigeria cannot, at this time of her existence, afford to carry the burden of a demoralised Judiciary. In acknowledgment of the importance of this issue, THISDAY LAWYER reproduced the Report in this edition.
February 7
For this edition, we visited Aare Afe Babalola, CON, SAN at the Afe Babalola University, Ado Ekiti for a comprehensive interview.
‘1999 Military Constitution: The Root Cause of Nigeria’s Problems’
The legal profession in Nigeria has had its fair share of brilliant practitioners, who have left their footprints in the sands of time. But, it is not often that a true legal titan, emerges from a constellation of legal luminaries. Aare Afe Babalola, CON, SAN, has in the past six decades, distinguished himself as primus inter pares (first amongst equals), in many respects. He has trained over 100 Lawyers, and mentored 23 Senior advocates of Nigeria and counting. In addition to these unrivalled achievements, he painstakingly built a world-class tertiary institution, the Afe Babalola University, Ado-Ekiti (ABUAD) founded in 2010, which has been ranked as the Number 1 university in Nigeria out of 220, and Number 321 in the world. Onikepo Braithwaite and Jude Igbanoi paid the revered legal colossus a courtesy visit at the sprawling and expansive campus of the University, which in the past few years has diversified into farming and food processing, and were indeed, astounded by the expansive facilities on the campus, including a 150-room hotel where Parents of Students and Guests can lodge. He told the THISDAY LAWYER team that these achievements do not come without enormous challenges, as he recounted the modest story of the establishment of the University and its Teaching Hospital, complete with state-of-the-art equipment and cutting edge medical technology, and a Law faculty with 21st century facilities. Aare also shared his views on other issues, including the retirement age of Supreme Court Justices, the jettisoning of the 1999 Constitution, the need for true federalism in Nigeria, and the state of the nation.
February 14
CROSSFIRE!
Who has jurisdiction over deadline of Naira change?
Does the Supreme Court Have Original Jurisdiction Over Naira Deadline Case?
The epic battle over the retention or ban of old Naira currency notes in the 200, 500 and 1,000 denominations shifted to
the Supreme Court a week before this edition, when the Attorneys-General of three States, Kaduna, Kogi and Zamfara approached the Apex Court on the issue of the deadline set by the Central Bank of Nigeria (CBN) for them to cease to be legal tender, by virtue of the directive of the President for same. The Attorney-General of the Federation promptly joined the fray, by challenging the jurisdiction of the Apex Court to entertain the case. Although, the Supreme Court in a considered ruling, issued an interim order restraining the Federal Government either by itself or acting through the CBN, Commercial Banks and others from banning the use of the old Naira notes on February 10, 2023 pending the hearing and determination of the motion on notice adjourned February 15, Femi Falana, SAN, Sylvester Udemezue, Sam Kargbo, SAN and Inibehe Effiong in this Special Edition, share their different views on the exercise of the original jurisdiction of the Supreme Court in this matter.
February 21
The edition was on The Politics of Naira Redesign and Its Attendant Implications
Nigeria has in the past, had reasons to change, redesign and re-denominate its currency; but, never, in the annals of the nation’s political history, has such an exercise brought so much hardship, confusion, apprehension, rancour and despondency, like was witnessed and experienced this time. Perceptible disobedience to the order of the Supreme Court, pitching States against the Federal Government, and gradually descending to the masses against the Federal Government, resulting in unimaginable angst, expressed in wanton destruction of properties of financial institutions, and even loss of lives. All this coming a few days to the nation’s general election, was predicted to undoubtedly have consequences on the polls. Ebun Adegboruwa, SAN, Chief J.B. Daudu, SAN, Chief Anthony Aikhunegbe Malik, SAN, Dr Monday Ubani, Dr Sam Amadi, Kede Aihie and Jide Ojo interrogated the complex issues surrounding the present political, executive cum judicial quagmire Nigeria found herself.
February 28
It was a down-to-earth interview with Human Rights Lawyer, ‘BVAS Wasn’t Properly Tried, Before the Presidential Election’
Nigerians went to the polls on February 25 for the seventh time in the Fourth Republic, to elect the next President and National Assembly Members, in what many have described as the most critical and controversial election that has held since 1999. Given the various challenges that Nigerians were contending with prior to the election – particularly insecurity, fuel shortage, and Naira scarcity, some believed that the elections wouldn’t hold or would be postponed. But, despite all odds, the first leg of the elections held, albeit amidst some allegations of electoral malpractices and rigging, pockets of thuggery and violence. Professor Chidi Odinkalu in a chat with Onikepo Braithwaite and Jude Igbanoi discussed the electoral exercise, its integrity, the likely challenges the next President may face, and matters concerning our nation’s Judiciary.
March 7
CROSSFIRE!
Is 25% of FCT Votes Required to Win a Presidential Election?
The nation went through a somewhat complex and controversial Presidential election on February 25, 2023, and the candidate of the All Progressives Congress, Senator Bola Ahmed Adekunle Tinubu, who was declared winner by the Independent National Electoral Commission (INEC) was issued his Certificate of Return. It has become the norm, that practically every election in Nigeria is contested in court. The 2023 Presidential election, is no different. Two of the other leading candidates in the contest, proceeded to court to commence the process of challenging Tinubu’s victory at the polls. The present debate amongst legal pundits, is whether a Presidential candidate must score at least 25% of all the votes cast in the Federal Capital Territory, Abuja (FCT), aside from the other two conditions precedent, to be declared winner of an election. INEC’s declaration of Tinubu as the winner of the Presidential election, clearly evinces the fact that the electoral body doesn’t believe that 25% of the votes cast in FCT must be secured to win. The Crossfire in this Special Edition, was on the interpretation of Section 134(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria, which makes provision for this issue. Dr Olisa Agbakoba, SAN, Femi Falana, SAN, Distinguished Professor Taiwo Osipitan, SAN, Anthony Aikhunegbe Malik, SAN, Chief Mike Ozekhome, SAN; Dr Sam Amadi, Kingsley Idahosa and Osigwe Ahmed Momoh crossed fire, as they gave their various interpretations to the aforementioned constitutional provision, and their answers to this burning question.
March 14
The edition was an effort at setting an agenda for the new administration in the justice sector.
Justice Sector Reform: Expectations from the Incoming Administration
The vast majority of Nigerians sent one clear message to politicians, through their votes in the February 2023 Presidential elections. They are displeased with the way Nigeria is heading. The fact that only 24 million Nigerians (out of an estimated 87 million registered voters) even bothered to vote, must for discerning observers, tell a story of a people burdened by a lack of faith in the ability of the political process to respond to their concerns. This displeasure cuts across all facets of Nigeria’s socio-economic and political lines. The economy and state of our nation’s security are twin concerns that have, among others, led to the daily exodus of our brightest and best. More serious, is the issue of rampaging terrorists, bandits and kidnappers, that has led to an alarming number of deaths of our citizens, in both rural and urban Nigeria. The Buhari administration promised improved security, economic growth and strong anti-corruption measures. To be fair, it would be uncharitable to insist that no progress has been made. There has undoubtedly, been progress. The reality however, is that the quantum of progress made has simply not been able to meet up with the expectations of Nigerians. One of the sectors where this gap is so glaring, is in the area of administration of justice. Truth be told, such is the state of the justice sector today, that it will take a brave person to argue that Nigeria has made significant developments in this sector. Citizens’ cynicism about justice administration, trumps any political statement or government reports to the contrary. One of the authors of this piece has, since the inception of the Fourth Republic in 1999, consistently drawn the attention of successive governments, to the urgent need to focus on reforms of the justice system. We have argued that the system inherited from years of military rule cannot, by any stretch of imagination, be fit for the purpose of a democracy. In very simple words, we argued that the justice system is the pillar on which a democracy system rests. It will be wishful thinking to imagine that aside from law and justice, goals of good governance, economic growth and security can be achieved, without an effective and efficient justice system. We said in several write-ups, that what is required, is a holistic and radical reform of all aspects of our justice system. It is depressing that in 2023, more than two decades after the first publication on this issue, we are still writing about the same issues. Again, there have been developments. Progressive laws have been enacted, administrative measures have been undertaken, and there have been no dearth of policy statements and directives. The problem as identified in our many editorials, is that these interventions are ad-hoc and suffer from a combination of limited political will, including government’s poor understanding of what needs to be done. The lack of merit-based appointments to leadership positions of key justice sector institutions, and the appointment of persons without subject-matter appreciation or passion for reform, have proved to be important stumbling blocks towards achieving reforms in this sector. Moreover, many of these interventions fail to take into consideration the need for a national approach that recognises the necessity of a national consensus, including effective cooperation between the Federal Government and States in matters of justice administration. This limited collaboration between the Federal and State Governments, is a problem. The problem of leadership. With no one institution in the Federal Government setting an agenda for best practice, many State Governments have filled the leadership vacuum by running ahead with their different ideas of justice sector reform. With no standardisation and quality evaluation, any wonder then, that for vast majority of Nigerians, Government’s interventions in the justice system are a mirage. The incoming administration of Bola Ahmed Tinubu, again provides another opportunity for change. The present day challenges confronting the sector are without doubt, intimidating. Two decades of lack lustre interventions in the justice sector, must necessarily have consequences. The President-elect should know that, Nigeria cannot afford another round of quick and dirty interventions in the manner she administers justice. The goal for a Tinubu administration is self-evident – take the administration of justice system in a different direction, a direction never seen in the history of Nigeria. One that leads to building a justice system which is affordable, efficient, independent, transparent, professional and accountable to Nigerians. One that ensures the rule of law and the observance of human rights, and contributes to reclaiming the trust of Nigerians and the International Community in our Justice system. The building blocks, are already in place. There is nothing that needs to be said or done about reforming the justice sector, that has not been a subject of national discourse since Nigeria’s return to democracy in 1999. Several high level committees have been set up by successive administrations, to review specific institutions within the justice sector. every aspect of the infrastructure of our justice system, has undergone fundamental rethinking. There is a national consensus that our approaches to policing, adjudication, imprisonment and access to justice for the poor and indigent, needs change in significant ways. What is now required is to put these blocks together in an achievable, time-bound and costed plan. Justice sector reforms stand a better chance of success, when the Government has a clearly stated plan setting out the official vision of the reform objectives, and committing Government to specific interventions necessary to realise that vision. This is an important reference point, for any strategic approach to any justice sector development plan. To be sure, the strategic reform of the justice system will be a process, not an event. it must be properly planned, carefully managed and the process must be consultative and inclusive of all Federal and the States justice institutions. Nevertheless, change must be accelerated to keep up with the expectations of Nigerians, particularly those of the poorest and most vulnerable communities. Today’s special edition, is a call to action. The President-elect should not wait until May 29, before he begins to identify and articulate his plans for the justice sector. It is time to respond to those who firmly believe that the situation of our justice system is a basket case, and that nothing good can come out of it. If there is any sector that needs reinvention of the President-elect’s track record as Governor of Lagos State, that sector is the Justice Sector. Immediate Past Attorney-General of Ekiti State, Olawale Fapohunda, SAN and Editor of THISDAY LAWYER, Onikepo Braithwaite, have summarised our many write-ups on this issue, with lots of repetition for emphasis. We propose various legal, policy and administrative interventions for managing the transformation of key justice institutions. This is by no means, an exhaustive memorandum. The things-to-do list, is a long one. The thematic areas of interventions, are as important.
March 21
2023 Election: The Way We See It
The 2023 general elections may have ended in misgivings, mistrust and castigations against the electoral umpire, Independent National electoral Commission (INEC). While recriminations continue to be traded by all parties in the election, INEC has so far, received the larger share of the umbrage. THISDAY LAWYER sought the views of the spokespersons of the Presidential candidates of the three leading political parties in the election, All Progressives Congress’s Festus Keyamo, SAN, People’s Democratic Party’s Dr Daniel Bwala and Labour Party’s Valentine Obieyen, and they spoke their minds to Onikepo Braithwaite and Jude Igbanoi in answering the questions which were put to all three of them on different aspects of the election.
March 28
Does Nigeria Need a Constitutional Court?
For every election cycle in Nigeria, hundreds, maybe even over a thousand or more petitions go to the Election Petition Tribunals set up in all the 36 States of the country and FCT, to be adjudicated upon, not forgetting pre-election matters that travel through the various levels of the courts as well – all of them time-bound. The 2023 general election cycle is no different, and this has seen the State Judiciaries empty and practically grind to a halt, short-staffed, as many Judges get drafted to election petition duty to sit on these Tribunals, with the resultant effect that justice delivery gets annoyingly slowed down to almost zero. Ordinary Litigants constantly get the short end of the stick, and suffer the consequences of the avoidable delays caused by election matters. Some have suggested that as election petitions continue to arise from virtually every election in Nigeria, the creation of a Constitutional Court manned by Judges strictly appointed for that task, is what is required to stop Judges of the State Judiciaries from being taken away from their already overloaded dockets. In this discourse, Chief Ferdinand Oshioke Orbih, SAN, Anthony Aikhunegbe Malik, SAN, Stephen Kola-Balogun and Dr Sam Amadi examined this idea of a Constitutional Court, and suggested how best Nigeria can take advantage of this novel proposition.
April 4
This edition featured Hon. Justice Jumoke Pedro of the High Court of Lagos State.
‘LMDC is the First Court Connected ADR Centre in Africa’
Lagos, as the most populous and most cosmopolitan city in the West African Sub-Region, has the largest Judiciary which expectedly, comes with numerous and complex challenges. With Magistrates and Judges saddled with overloaded case dockets and its worrisome impact on justice delivery, the State came up with an ingenious and novel method of settling disputes outside conventional litigation. This birthed the Lagos Multi-door Courthouse (LMDC) in 2002, to settle disputes through the Alternative Dispute Resolution (ADR) mechanism. The steady growth of the LMDC has seen over 58,000 cases pass through the system, with a good success rate. Onikepo Braithwaite and Jude Igbanoi sought out the Chairman of the LMDC Governing Council, Honourable Justice Jumoke Pedro, who gave deep insights into its origin, workings of the ADR Court House, and its achievements so far.
April 11
‘Land Use Act: A Failure in Legislative Drafting’
At 90, Alhaji Lateef Olufemi Okunnu, CON, SAN can be described as a privileged nonagenarian. With a sharp retentive memory, undiminished intellect and an uncanny recall of critical events of national import, the Learned Senior Advocate of Nigeria and former Federal Commissioner for Works and Housing in the General Yakubu Gowon administration, went down memory lane in a rare and interesting interview with Onikepo Braithwaite and Jude Igbanoi, reminiscing about politics of the old days, how, once upon a time, Nigerian politics was devoid of ethnicity and religious biases; that they must not be allowed to divide us now. He also spoke about his expansionary Road Programme as Works Commissioner, and the origins and failings of the Land Use Act 1978, amongst other things.
April 18
A Special Edition paying befitting tribute to late World Court Jurist, Prince Bola Ajibola KBE, SAN, CFR.
A Legal Titan Goes Home
The Nigerian and International legal communities last week, witnessed the passage of one of their very best, Judge Prince Abdul Jabbar Bolasodun Adesumbo Ajibola, KBE, CFR, SAN at the age of 89. Only a few have had the privilege of achieving so much in the legal profession, both nationally and internationally. He was everything any Lawyer could possibly aspire to be – Attorney-General of the Federation and Minister of Justice, a Senior Advocate of Nigeria, Judge of the International Court of Justice at The Hague, and Founder of Crescent University, Abeokuta, Ogun State which has a thriving Law Faculty. The Body of Benchers represented by its Secretary, Daniel Manasseh Tela, Esq, Body of Senior Advocates of Nigeria also represented by its Secretary, Olumide Sofowora, SAN, and Notable legal practitioners, former President of Nigerian Bar association, Chief Wole Olanipekun, CFR, SAN, Awa Kalu, SAN, Dr Adesegun Akinjuwon Akin-Olugbade, OON and Mutiu Ganiyu paid glowing tribute to this Legal Titan. May Allah rest Prince Bola Ajibola’s soul in eternal peace, forgive him his shortcomings and admit him into the highest level of Jannah.
April 25
An exclusive chat with Chief Wole Olanipekun, CFR, SAN.
‘I Have No Regrets’
When the history of the Nigerian legal profession is written, Chief Wole Olanipekun, CFR, SAN, will undoubtedly occupy an enviable position in it. In his almost five decades at the Bar, he has left indelible imprints on the profession. He was Attorney-General of the old Ondo State in the military era, as well as President of the Nigerian Bar Association (2002-2004), leaving impactful legacies in both places. As he successfully concluded his tenure as the 50th Chairman of the Body of Benchers on March 30, 2023, the blazing advocate opened up to Onikepo Braithwaite and Jude Igbanoi on his exciting journey through the labyrinths of a rather enchanting legal practice, his passion for education and uncommon philanthropism, as well as other topical issues.
May 2
Kidnappings and Killings: Lawyers’ Lives Matter
In the past few years, a considerable number of Lawyers have either been kidnapped or outrightly murdered, and the figures seem to be escalating. Magistrates, junior and senior Lawyers, and even Judges, have been kidnapped in different parts of the country, or murdered. In February, while Presiding, the President of Ejemekwuru Customary Court, Imo State, Justice Nnaemeka Ugboma was dragged out of the court and shot dead by gunmen. In 2013, a Senior Advocate of Nigeria and one of the nation’s most outspoken human rights activists, Chief Mike Ozekhome, CON, SAN was kidnapped in Edo State, and spent several harrowing days in the hands of his captors. However, the kidnap of a past President of the Nigerian Bar Association, Mr Okey Wali, SAN, two weeks before this edition, howbeit for the second time, having been kidnapped in October, 2014, elicited a nationwide outcry. Things have never been this bad for members of the legal profession, and the threat is palpable and inexplicable. Are Lawyers now targets of kidnappers and murderers? Is the profession being profiled? Why Lawyers? What must Government do, to secure the lives and property of Nigerians? A kidnap survivor, Chief Mike Ozekhome, CON, SAN, recounts his ordeal in the Kidnappers’ den, while Anthony Aikhunegbe Malik, SAN, Nosa Edo-Osagie, Kunle Edun and Major Ben Aburime (Rtd) examined the issues, and proffered solutions to this growing monstrous national malaise of insecurity.
May 9
Still on judicial officers’ welfare, a proposal for upward review of retirement age.
Judicial Officers New Retirement Age Bill: Matters Arising
In April, the Senate directed the Clerk of the National Assembly, to transmit the Constitution of the Federal Republic of Nigeria (Fifth alteration) Bill No. 20 of 2022, to President Muhammadu Buhari for his assent, in line with the provisions of the Authentication Act. The Bill sought to ensure uniformity, in the retirement age and pension rights of judicial officers of all superior courts of record. It sought to extend the retirement age of Judges, from 65 to 70 years. so that judicial officers of the various superior courts of record listed in Section 6(5)(c)-(i) of the Constitution will have a synchronised retirement age of 70 which only the Supreme Court and Court of Appeal Justices previously enjoyed, instead of the 65 yºears that currently obtains. What purpose would this serve, in the justice delivery system of the country? Would it improve the efficiency and output of judicial officers, in the hierarchy? What are the pros and cons of this synchronisation? Stephen Kola-Balogun, Dr Akpor Mudiaga-Odje and Bayo Akinlade did an in-depth scrutiny of the matters arising from this issue.
May 16
A day with the Works and Housing Minister.
‘We have Improved in Many Places’
He has bestrode the Nigerian polity like a colossus. First, as Governor of Nigeria’s most populous State, Lagos, with an outstanding performance which earned him the sobriquet ‘Action Governor.’ Then, as Minister of Works and Housing, Babatunde Raji Fashola, CFR, SAN (BRF), has distinguished himself as a quintessential ‘Poster Boy’ of success in the Buhari administration. The Senior Advocate of Nigeria, in all humility, doesn’t think he is extraordinary, but a good team player. In a chat with Onikepo Braithwaite and Jude Igbanoi in his ultramodern office in Abuja, he recounted his challenges as Minister for eight years and some of his modest achievements, including cracking the hurdles on the path of and advancing the delivery of the country’s most difficult projects like the Second Niger Bridge, Lagos- Ibadan expressway, the Abuja- Kano Road and installing a 1.5 mega watt solar power system, the first and the biggest in any public building in Africa, in the headquarters of the Works and Housing Ministry.
May 23
‘My Appointment as CSAT President, Announces Nigeria’s Legal Profession Worldwide’
The nation came into international legal recognition, when for the first time in the history of the Commonwealth Secretariat Arbitral Tribunal (CSAT), a Nigerian, the first Black person and first African was appointed as the President of CSAT. His Excellency, Judge (Professor) Epiphany Azinge, OON, SAN, was first appointed into the Tribunal in 2015. His recent elevation and assumption of office as President of the Tribunal, has raised Nigeria’s profile in the international legal community. In a chat with Onikepo Braithwaite and Jude Igbanoi, the former Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), gave a deep insight into how the Tribunal works, its composition and the benefits Nigeria stands to gain by his appointment. He further condemned the vexatious ease, by which Nigerian Lawyers challenge arbitral awards in court.
May 30
Justice Adefope-Okojie retired from Court of Appeal.
Encomia as Oludotun Adefope-Okojie, JCA Bows Out at 70
Her looks, graceful carriage and agility, belie the fact that she is 70 years old. Honourable Justice Oludotun Adebola Adefope-Okojie, JCA retired from the Bench on May 17, 2023, amidst a colourful Valedictory Court Session which was held in her honour on May 16 at the Lagos Division of the Court of Appeal. Her Lordship who has been described as “a sterling example of a jurist in the finest traditions of the Bench”, is known for her brilliance, diligence, forthrightness and being courteous. Onikepo Braithwaite and Jude Igbanoi who attended the ceremony, reported.
June 6 Special Edition
President Tinubu: ‘Focus on Security, Economy, Infrastructure and Judiciary’s Independence’
Against all odds, and even as the Presidential Election Tribunal continued sitting, Senator Bola Ahmed Adekunle Tinubu, GCFR of the ruling All Progressives Congress (APC) was sworn in as the 16th President of the Federal Republic on Nigeria on May 29, 2023. What are the earnest expectations of Nigerians from the Tinubu administration? How realistic are these expectations? Onikepo Braithwaite and Jude Igbanoi sought the views of a cross-section of Nigerian Lawyers in this Special edition.
June 13
CROSSFIRE!
The Fuel Subsidy Controversy
President Bola Ahmed Tinubu’s swearing in on May 29, 2023, left many Nigerians reeling from shock, with the announcement of the removal of fuel subsidy in his Inaugural Speech. This was not cheering news to hapless masses, who were already groaning under economic hardship and escalating inflation. Not surprisingly, a few Lawyers expressed differing opinions as to the desirability, legality or otherwise of the fuel subsidy removal vis-à-vis the way and manner it was done. While Anthony Aikhunegbe Malik, SAN, Dr Akpo Mudiaga-Odje appeared to be in favour of the fuel subsidy removal, and offered advice on what steps Government can take to ease the hardship being suffered by Nigerians and spend the savings from its removal gainfully, Emmanuel Onwubiko thoroughly condemned it, and Dr Sam Amadi, while looking at the Pro-Subsidy removal arguments, gave cogent reasons for his opposing stand, one being that it appeared to run foul of Chapter II of the Constitution.
June 20
GBV, Affirmative Action: Female Gender Rights in Need of Defence
The escalating incidents of Gender Based Violence (GBV) is one that must be addressed frontally by the authorities now, otherwise the body count will continue to rise. A week before this edition, a video of the wife of the Edo State Governor, Mrs Betsy Obaseki, visiting a victim of domestic violence in hospital made the rounds. The victim was shot in her left arm, which subsequently had to be amputated, by her husband for not preparing his meal on time! On a daily basis, spouses lose their lives, due to domestic violence. Of course, the female gender is predominantly at the receiving end of this avoidable domestic violence, either as wives, girlfriends or domestic servants. Even infants and little girls, aren’t spared from sexual gender based violence (SGBV). Meanwhile, the much mouthed ‘affirmative action’ appears to be a toothless bulldog, as the number of women occupying elective and Governmental positions continues to dwindle annually, instead of increasing to at least 35%, in line with the National Gender Policy (NGP) which was formulated in 2006, but has never been properly implemented. Would President Bola Tinubu form his cabinet in accordance with the NGP? What is the panacea for ending this discrimination against women and GBV? Professor Joy Ngozi Ezeilo, OON, SAN, Mandy Asagba and Uju Peace Okeke, tackled these worrisome issues which have continued to go unresolved.
June 27
Welfare of Judicial Officers in focus.
Judicial Salaries and Allowances: A Needful Upgrade
The issue of the purported increase in salaries and allowances of political office holders, has generated a lot of public discussion over the past week. The overwhelming sentiment of most Nigerians, is against the proposed increase. Many understandably, see any increase as insensitive to current realities, especially given the effect of the removal of the petrol subsidy on living conditions. There is certainly an urgent need for a national conversation on the state of wages for all workers in Nigeria, including political office holders. The daily increasing high cost of living, in many ways challenges the Tinubu administration to find a robust, practical and affordable solution, taking into consideration the unsatisfactory state of our economy. It is however, important to stress that, RMAFC’s proposals for salary increment is what it says it is. It is simply a body of recommendations, for the consideration of the Federal and State Governments. It is not true that any approval has been given, either by Mr President or the National assembly. In the midst of all the hullabaloo, the matter of judicial officers’ salaries and allowances seems to have been mixed up, especially with that of political office holders. Judicial Officers are not, and should not be placed in the same category as political office holders. It is to avoid this mix up, and in recognition of the independence and uniqueness of the Judiciary, that the Nigerian Bar Association (NBA), in its memorandum to RMAFC, recommended that Judicial Officers should be remunerated according to an independent salary scale, to be known as the Judicial Service Pay Scale (JSPS). This will further enable judicial salaries to be subject to regular reviews, that are distinct from those carried out in respect of political and other public office holders. They also proposed a separate legislative scheme for salaries, allowances, conditions of service and retirement benefits for Judicial Officers. Including a Judicial Office Holders entitlements Bill’ to create a Judicial Office Holders Entitlements Panel, to replace RMAFC as it relates to the determination of salaries and allowances of Judicial Officers. THISDAY LAWYER has been in the forefront of the campaign, for an urgent review of Judicial Salaries and allowances. As we have stated on multiple occasions, appointment to the Bench should not be an invitation to penury. It is unacceptable that Judicial Officers in Nigeria, have remained on the same salary for about 15 years. Penny-pinching should have no place, in the way we administer justice in Nigeria. RMAFC’s recommendations on the review of judicial remuneration, are undoubtedly well thought out. It is however, our respectful view that the recommendations fall short of expectations. Having waited for close to two decades for this review, it goes without saying that the recommendations must be groundbreaking in every sense of the word. In this special edition, Olawale Fapohunda, SAN, Alternate Chairman of the NBA working Committee on Judicial Remuneration and Conditions of Service and THISDAY LAWYER re-emphasise the urgent need for the upward review of judicial remuneration. We compare and contrast the RMAFC Recommendations on the reviewed remuneration package for Judicial Officers, with that of the NBA proposals for the review of remuneration of Judicial Officers. We have highlighted additional areas, that require further attention. In all, it must be said that the Tinubu administration should avoid being enmeshed in unhelpful debates, on whether or not the time is appropriate for a review of judicial remuneration. The inability of successive governments to make progress on the issue of fair and reasonable judicial remuneration, has dampened the morale of the Judiciary. Judicial Officers across Nigeria are struggling with everyday challenges, brought about by poor conditions of service. This state of affairs is not good for the administration of justice, and the sustainability of our democracy.
July 4
OCJ Okocha at 70
In a country where life expectancy is barely 52, turning 70 seems almost like a rare privilege that is not available to too many. Born with a silver spoon, Onueze Chukwujinka Joe Okocha, OFR, SAN, JP, DSSRS (OCJ), by sheer determination then propelled himself into greatness. As the former President of the Nigerian Bar Association (NBA) turned 70 last Thursday, June 29, 2023, friends, colleagues and family gathered at the NBA Port Harcourt Branch Secretariat on Friday to celebrate the septuagenarian at a Public lecture. The august occasion was also used to unveil his autobiography, ‘The Moon Also Shines’. His friends Chief Bayo Ojo, SAN, Dr Olisa Agbakoba, SAN, Awa Kalu, SAN; and his Royal Highness, David Serena-Dokubo Spiff join the sons of OCJ Okocha, Ogbonda and Dr Orowhuo Okocha in showering encomia on him.
July 11
Interview with Human Rights Activist Extraordinaire, Femi Falana, SAN.
‘Corruption Waxed Stronger Under Buhari’
Long after many Nigerian human rights’ defenders have abandoned the cause, Femi Falana, SAN still remains in the trenches. He continues to soldier on, in the defence of the plight of the masses. In a chat with Onikepo Braithwaite and Jude Igbanoi, he delved into his raison d’etre of his unending battles against the Federal Government and its agencies. He also volunteered quality advice to the Tinubu administration, against the background of President Buhari’s failings, and fighting insecurity and corruption.
July 18
Preparations for the flagship event of the Nigerian Bar Association!
2023 NBA-AGC: A Convergence of Ideas
From August 25 to September 1, 2023, Lawyers from all the nooks and crannies in Nigeria will converge in the Nation’s capital, Abuja, for the Annual General Conference of the Nigerian Bar Association (NBA). Unarguably, this is the world’s largest gathering of Lawyers. This year, NBA’s flagship event held at the M.K.O Abiola National Stadium in Abuja. Already, over 14,000 Lawyers had registered, and many more were expected to register on site at the Conference venue. Onikepo Braithwaite and Jude Igbanoi sought out the Chairman and Co-Chairman of the Technical Committee on Conference Planning, past NBA General Secretary, Mazi Afam Osigwe, SAN and Mrs Oyinkansola Badejo-Okunsanya to determine their level of preparedness for the upcoming Conference, to which other Bar Associations from other countries were expected to attend.
July 25
Palliatives for Whom? NASS or the Masses?
While Nigerians were still grappling with the crippling effects of the pump price of N500 per litre fuel occasioned by the subsidy removal, they were slammed with a further unexpected increase in petrol to N617 per litre. Amidst all the wailing and groaning, many were aghast when news came that members of the National Assembly (NASS) were being given a whooping N40 billion for luxury cars, including bullet-proof vehicles for the NASS leadership, and a further N70 billion for furniture and repairs in the Lawmakers’ offices. Where does this leave the hapless masses? Dr Sam Amadi, Dr Akpo Mudiaga-Odje, Jide Ojo and John Aikpokpo-Martins, in this discourse, delved deeply into the conundrum to tease out the issues and proffered feasible solutions.
August 1
DSS v NCS: Desecration of the Temple of Justice
In Gestapo style, Operatives of the Department of State Services (DSS) forcefully rearrested the suspended Governor of Central Bank of Nigeria, Godwin Emefiele right within the premises of the Federal High Court, Lagos, where he is standing trial on charges of unlawful possession of a firearm. The altercation that ensued between Officers of the Nigerian Correctional Service (NCS) and DSS Operatives after the Judge had granted the embattled Emefiele bail, left many aghast and disgusted. Legal pundits and many Nigerians see this a desecration of the very institution that guaranties freedom, and protects democracy. For many, this impunity typifies a throwback reminiscent of the highhandedness of the despotic rule of military oligarchy of the 1990s. Norrison Quakers, SAN, Chief Anthony Aikhunegbe Malik, SAN and Dr Monday Onyekachi Ubani examined the worrisome issues in the unfortunate incident.
August 8
Agenda for Incoming AGF
After a two-month wait, President Bola Ahmed Tinubu finally presented his Ministerial nominees, who were currently being screened by the Senate. From this list will emerge, the Attorney-General of the Federation and Minister of Justice (AGF). The consensus was that, at this critical time in the nation’s ‘Lego’ political history, only a thorough-bred Lawyer, well-grounded in law and the nuances of the rule of law and governance, can do justice to this portfolio. Though Ministries are yet to be attached, out of all the Lawyer Ministerial nominees, the one whom this cap seemed to fit the most, is Prince Lateef Fagbemi, SAN. What should be the focus of the new AGF, when he assumes office? How will he overcome the hitherto, less than pleasant perception of that office, and enhance its image? Olawale Fapohunda, SAN, Awa U. Kalu, SAN, Adeniji Kazeem, SAN, and Oluwaseun Abimbola, SAN, all former Attorneys-General and Commissioners for Justice of their respective States, set an agenda and roadmap for the incoming AGF in this discourse.
August 15
The Chinwe Aguma Annual Memorial Lecture.
Chinwe Aguma, SAN: Forever in Our Hearts
Like a star, he shone brightly in the legal firmament. Sir Emmanuel Chinwenwo Aguma, SAN, KSC acquired a good education, arming himself with degrees from two British Institutions. He bagged a Bachelor of Arts degree in Politics and International Studies from Warwick University, and subsequently, a Bachelor of Law degree from the University of Sheffield. This, amongst other things, prepared him for a successful career in law, culminating in his being elevated to the rank of Senior advocate of Nigeria, and appointed as the Rivers State Attorney-General and Commissioner of Justice in 2015, a position he held until he passed away on August 10, 2018 at the age of 57. Sir Aguma also served as both the Secretary and Chairman of the Nigerian Bar Association, Port Harcourt Branch. In recognition of his unalloyed service, the Rivers State Government, under the erstwhile Governor, Nyesom Wike, instituted an annual Lecture in his honour. Last Thursday, the 6th Annual Memorial Lecture/Public Discussion themed “The Decongestion of the Correctional Centres: The Role of the Various Stakeholders” held at the NBA Bar Centre in Port Harcourt, Rivers State, details of which were discussed by the Advocate in this publication, as the event was attended by Onikepo Braithwaite and Jude Igbanoi, who also reported on what Lawyers had to say about Sir Aguma, five years on.
August 22
‘Nigeria’s Energy Industry is Dysfunctional and Outdated’
At 70, Mr Soji Awogbade was set to retire from Aelex, a law firm that he co-founded with four other Partners in 2004. He was in the saddle as Head of the Energy Sector of the firm from the inception of the firm, and also served as Managing Partner for a number of years. In a chat with Onikepo Braithwaite and Jude Igbanoi, he shared his thoughts on Nigeria’s challenges in the energy sector, the business of law, the secret of successful partnerships, and his next steps after his exit from the firm.
August 29
Financial Issues in the Nigerian Judiciary: Funding and Remuneration
This article by Onikepo Braithwaite, is a monograph which was written in 2021 about the Judiciary Staff Union of Nigeria (JUSUN) Strike that year, and its main demand for the financial autonomy of the Nigerian Judiciary, in order to achieve the independence of the Judiciary. The inconsistencies in the Constitutional Provisions with regard to the funding of the Judiciary are highlighted in this work, as well as the poor remuneration of judicial officers. As the Breakout Session on the Presentation of the Nigerian Bar Association’s Memo to the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) on Judicial Remuneration and Allowances at the NBA 2023 Annual General Conference held today, it was apposite that some of these relevant issues were also taken into consideration simultaneously.
September 5
2023 NBA Conference: The Verdict
The flagship event of the Nigerian Bar Association, the NBA Annual General Conference held in Abuja from August 25 – September 1. The 6-day event was the 63rd in the Association’s history, and as expected, it was a motley of events and activities. Onikepo Braithwaite who moderated one of the sessions, and Jude Igbanoi gave a blow-by-blow account of the weeklong Conference, while Lawyers gave their verdict on the event.
September 12
PEPT: Tinubu Clears the First Legal Hurdle
At long last, the Presidential Election Petition Tribunal (PEPT) finally delivered its much awaited judgement in the epic legal battle over the February 25, 2023 Presidential election. After what appeared to be an interminable legal process, the PEPT, without dissent from any of the five learned Justices of the Court of Appeal, declared President Bola Ahmed Tinubu, GCFR of the All Progressives Congress (APC) as the rightful winner of the election, in a judgement which many found to be sound, and some others, not so sound. Legal pundits George Oguntade, SAN, Norrison Quakers, SAN, Ebun-Olu Adegboruwa, SAN, Joseph Otteh, Kenneth Ikonne and Felix Eghie Sugaba give their critique of the judgement, which the opposition parties immediately indicated that they would exercise their constitutional right and challenge at the Apex Court.
September 19
West Africa: Too Many Coups for Comfort
In the last 48 months, several West African countries have found themselves under military regimes. While some of these army interventions received cheers from hapless masses who may have agonised under perceptibly corrupt and inept civilian administrations, some believe that military in governance remains an aberration and retrogressive. What has caused this wind of military coup d’états to blow in West Africa? Is there any justification for military coup d’états under any guise? Is this trend, referred to by some as the ‘Francophone Spring,’ exclusive to Francophone West African Countries alone, or can it spread? Hannibal Uwaifo, Mandy Demechi-Asagba and Fep Sugaba probed into this bothersome shift, proffering solutions to curb the trend.
September 26
Augie, JSC: A Judicial Amazon Raps Her Last Gavel
From the Magistracy to the Apex Court, Honourable Justice Amina Adamu Augie, JSC (Rtd), CFR, distinguished herself as a judicial officer with sterling qualities in the discharge of her duties, for four and half decades. She also tenaciously applied herself to her first love, teaching, as she impacted judicial knowledge to students at various institutions, from the Ahmadu Bello University (where His Lordship pursued her Master’s Degree) to the Nigerian Law School and subsequently, the University of Sokoto, even while sitting on the Bench as a Chief Magistrate and later, as a High Court Judge. Bowing out from the Supreme Court, was for many, received with mixed feelings, as they desired that His Lordship stay on. But, the Constitution specifically provides that 70 is the retirement age of Justices of the Appellate Courts, the age which His Lordship attained on September 3, 2023. Onikepo Braithwaite, Jude Igbanoi and Alex Enumah who were present at the colourful Valedictory Session which held in the Main Courtroom of the Supreme Court, reported, while Dr Olisa Agbakoba, SAN, Kemi Balogun, SAN and HRH Sir David Serena-Dokubo Spiff paid tribute to His Lordship.
October 3
CBN: The Task Before Yemi Cardoso’s Team
Behold, there is a new Sheriff in the Nigerian banking and financial sector, Dr Olayemi Cardoso, who was billed to take over as the new Governor of the Central Bank of Nigeria (CBN). Along with his Deputies, Dr Cardoso successfully passed through screening by the Senate last week. Being a CBN Governor at a time when the nation’s economy seems to be in disarray, is not a tea-party. With spiralling inflation, a high rate of unemployment, rising prices (Stagflation), the Naira at it lowest ebb, foreign investors fleeing from Nigeria, what magic can the Cardoso-led CBN do, to stabilise Nigeria’s economy and infuse cutting-edge monetary policy at this time, to turn things around? Adetilewa Adebajo and Dr Sam Amadi examined and analysed the challenges ahead of CBN’s new team, and proffered possible ways to surmount them.
October 10
‘There’s No Splinter Body in the NBA’
Some are of the view that the Nigerian legal profession, is over-regulated. It has several bodies and several layers of regulatory authorities, including the Body of Benchers, the Legal Practitioners’ Privileges Committee, Legal Practitioners’ Disciplinary Committee, General Council of the Bar and the Council of Legal Education. But, despite all this, the profession perceptibly still seems to be in need of regulation. Onikepo Braithwaite and Jude Igbanoi encountered the Vice Chairman of the Body of Benchers, Asiwaju Solomon Adegboyega Awomolo, SAN, and he holds the strong view that the legal profession in Nigeria is not over-regulated. He also asserted that there is no rivalry between the NBA and the newly floated Law Society of Nigeria, while he recommended the creation of a Constitutional Court for Nigeria, to decongest the Supreme Court and to timeously dispose of election petition cases. As for the appalling salary of the nation’s judicial officers, the former Attorney-General of Osun State, advocates an immediate upward review.
October 17
The third female interview personality, Mrs Adetoun Adebiyi of the Nigerian Law School.
‘We Don’t Need More Law School Campuses’
It was quite an engaging weekend with the longest serving Lecturer at the Nigerian Law School, former Deputy Director General & Head of Lagos Campus, Mrs Adetoun Adebiyi. Onikepo Braithwaite and Jude Igbanoi discussed with her, several crucial issues about the Nigerian legal education system, and her responses were frank, honest and bold, including issues of creating more Law School campuses, the Law School curriculum, quality of Lawyers being called to the Bar, splitting the profession into Barristers and Solicitors, an overview of how the Law School has fared in its 60 years of training Lawyers for the nation, and the need for Nigeria to implement a good gender affirmative action policy, to show commitment to gender inclusiveness, especially in leadership positions where there seems to be a paucity of women.
October 24
Peace in the Middle East in Focus.
Let There Be Peace in the Middle East!
From the first week of October, the world has known no peace, as Hamas and Israel unleashed unprecedented violence against each other, costing colossal loses on both sides, including thousands of human lives. The conflict which was precipitated by an unprovoked surprise attack by the Islamic fundamentalist group, Hamas, on October 7, giving rise to revenge action by the Israeli Defence Forces (IDF), within a matter of days, resulted in at least 1,400 Israelis and over 4,000 Palestinians killed, about 2,000 people being treated in hospitals in critical condition, and the count is on the rise. Undoubtedly, the consequences of this belligerence and its global implications can only be imagined. Chukwuemeka Eze, Gozie Francis Moneke, Felix Eghie Sugaba and Jefferson Uwoghiren gave their perspectives on the potentially volatile situation in the Middle east, and the possible impact on Nigeria.
October 31
Has Nigeria been finally let off the hook?
P & ID: A Conspiracy Against Nigeria
Sometime in 2017, the Nigerian Government found itself in a petrifying quagmire of a humongous $6.6 billion judgement delivered against it (which ballooned to $11.2 billion as at October, 2023, as a result of the interest accrued thereon), from an arbitral award resulting from arbitration proceedings involving the Process & Industrial Developments Limited aka P & ID and the Federal Republic of Nigeria in London. The embarrassing award was, to say the least, very unsettling for Nigeria, who proceeded to challenge the award, at the High Court of England and Wales. In the judgement which was delivered on October 23, 2023, Hon. Mr Justice Robin Knowles, CBE, found in favour of the Federal Republic of Nigeria, holding that the arbitration proceedings and award were fraudulent. Even the British Lawyers that represented Nigeria in the arbitration proceedings were found to have been compromised, making classified Nigerian documents which P & ID were not entitled to see, available to them. Has this put an end to the anxiety of the Nigerian Government? Going forward, what lessons must Nigeria learn from this outing? How can this level of grand corruption in the Civil Service be eradicated, to ensure that Nigeria never falls into this type of trap again? Dr Gbenga Oduntan, Sam Kargbo, SAN, Chukwuemeka Eze and Kede Aihie, examined the salient points and knotty issues in the case.
November 7
Our fourth female interview personality of the year, Nneka Akudolu KC.
‘Female Lawyers, Be Fearless!’
The journey to the top in any profession is always tough and tortuous, and for the legal profession it is doubly tedious, especially for women. For Nigerian Lawyers in the United Kingdom, the challenges of rising to the peak of the profession are quite daunting, but obviously not insurmountable, because by a dint of hard work and obstinate determination, a few Nigerian Lawyers have worked their way to the pinnacle of their careers by being elevated to the rank of King’s Counsel in the UK, the most recent being Nneka Akudolu KC. The Learned Silk, in this riveting interview, shared her story with Onikepo Braithwaite and Jude Igbanoi.
November 14
Uzodinma v NLC: Nigeria’s Human Rights on Trial
While the Buhari administration didn’t rate high on the Human rights index, the Tinubu administration doesn’t seem set to improve on this record either. Across the country, there have been complaints about human rights violations, gagging the media and impunity by some State executives. The recent brutal attack on the President of the Nigerian Labour Congress (NLC), Joe Ajaero by State-sponsored security operatives in Imo State, is confirmation of the fact that indeed, SARS, which many were not convinced had been disbanded as a result of the nationwide #EndSARS Protests in 2020, is still alive and kicking. As at the time of going to press, plans were said to be afoot to fly Comrade Ajaero abroad for medical attention. Dr Sam Amadi, Emmanuel Onwubiko and Okechukwu Nwanguma raised some pertinent issues about the Imo State imbroglio, Governor Uzodinma’s highhandedness and the overall human rights record of this administration.
November 21
The off-cycle elections edition.
Bayelsa, Imo, Kogi Governorship Elections: A Post- Mortem
The quest for free and fair elections devoid of violence seems to be a chimera as far as Nigeria is concerned, especially since the return of democratic governance in 1999. Nigeria’s elections have been trailed with corruption, violence, rigging, and manipulation, which often lead to lengthy and unpredictable judicial outcomes in the ensuing legal battles. However, many Nigerians have high hopes and expectations that the nation will eventually get it right, in subsequent elections at various levels. The recent off-cycle Governorship elections in Bayelsa, Imo and Kogi States were a litmus test by Nigeria’s election umpire, the Independent National Election Commission (INEC). But, was INEC able to prove to Nigerians that off-cycle elections can be conducted successfully, in the face of the attendant challenges that usually plague our elections? Anthony Aikhunnegbe Malik, SAN, Clement Nwankwo, Jide Ojo and Ed Malik Abdul in analysing these recent elections, expressed their views in this discourse, though they all seemed to agree that there’s still plenty to do, to get the Nigerian electoral process up to scratch.
November 28
The judgement that will hunt the Judiciary, for a long time.
Periscoping the Kano Judgement, Apex Court Appointments in Focus
While Nigerians are yet to come to terms with the unfortunate judgement of the Court of Appeal, on the Kano State Gubernatorial Election Petition which dismissed the appeal and at the same time, set aside the decision of the Election Petition Tribunal, the nation’s Judiciary has been put to a litmus test, not only about the integrity of our Judiciary, but that of the recruitment process of Judicial Officers, which has come under scrutiny in recent times. Femi Falana, SAN; George Oguntade, SAN, Professor Chidi Anselm Odinkalu and Joseph Otteh dissected the issues surrounding the Kano judgement which has left the jury divided, as some believe the contradictions in the judgement are simply clerical errors that could be corrected under the auspices of the “Slip Rule”, while others believe that the errors go beyond clerical errors, and instead, are a matter for appeal to the Supreme Court whose final pronouncements will correct the errors and lay the controversy to rest. They also give their perspectives, on the ongoing selection process of appointing Justices to fill the vacant positions at the Supreme Court.
December 5
Our last interview personality for the year is Chief Layi Babatunde, SAN.
‘Electorate Shouldn’t be Made Onlookers in Election Outcomes’
The Judiciary has undoubtedly played the role of a stabilising factor, in Nigeria’s democracy. But, in recent times, this role has been questioned by the public, on account of a few pronouncements, especially by the appellate courts. For precedent setting judgements, law reporting is an absolute requirement. Lawbreed has since 1999, published quality reports of Supreme Court judgements, and other law publications. Onikepo Braithwaite and Jude Igbanoi caught up with Chief Layi Babatunde, SAN, the Editor-in-Chief of the Supreme Court Reports published by Lawbreed Limited and author of “Dark Hearts”, a compilation of short stories based on actual court cases. In this interesting interaction, the learned Senior Advocate spoke about a myriad of issues and challenges in the publishing sector, and also his concerns about the polity.
December 12
Looking back at 2023 and looking forward to 2024.
Bar and Bench: Review of 2023 and Hopes for 2024
The Nigerian Bar and Bench had quite a challenging year in 2023, and the events that made it so, are disconcerting and curious, such as the 2023 general elections from which pre-election matters and election petitions arose. As 2023 draws to an end, THISDAY LAWYER sought the views of a cross-section of Nigerian Lawyers on what they think about the 2023 legal landscape, and what their postulations for 2024 are.
Epilogue
The year 2023, challenging as it was, has indeed come to an end and the issues that made THISDAY LAWYER headlines, were as interesting as thought provoking. Engaging interview personalities, front burner national issues in discourse, Crossfire on some topics and contemporary Supreme Court judgements. We left no stone unturned in presenting a myriad of topics, that made the year 2023 what it was. For the Bar and the Bench, we look forward to a better year in 2024, and count on your continued readership. Thank you. From All of Us at THISDAY LAWYER, here’s wishing you all a Merry Christmas and Prosperous New Year in advance! See you in 2024, God willing! Happy Holidays.
