VOL.14. NO.9, 07-04-14
Sunday, April 13, 2014
JUDGEMENT (DELIVERED BY JOSEPH SHAGABOR IKYEGH, JCA)
VOL.14.NO.8 17-03-14
The
interlocutory appeal is from a ruling delivered by the Federal High Court
sitting in Lagos (the court below) by which it granted an order of temporary
injunction restraining the appellants from collecting the increased Bar
practicing fees (practicing fees) from practicing members of the legal
profession of the Nigerian Bar Association (NBA), pending the determination of
the substantive suit filed at the court below by the respondents against the
appellants challenging the legality of the increased practicing fees.
SHAME: ANOTHER CORRUPT LAGOS MAGISTRATE BITES THE DUST
VOL.14.NO.7 10-02-14
In a move
that stunned many observers, the Lagos State Judiciary chopped off twenty-two
members of its magistracy on account of corruption and allied misconduct in
2001.
EGBE AMOFIN AND THE WIND OF “DEMOCRATIC REVOLUTION” 2: TIGER BAR HOLDS 10TH FAWEHINMIISM LECTURE
VOL.14. NO.6 20-01-14
18th
of January 2014 has come and gone but watchers of the Western Nigerian Lawyers’
Forum, called ‘Egbe Amofin’ know that it was no ordinary day
DELE ADESINA SAN: THE POLITICS OF ADOPTION AND REBIRTH OF EGBE AMOFIN (SOUTH WEST BAR FORUM)
VOL.14 NO.5 23-03-13
They were
lawyers, Nigerian lawyers called to the Bar of the Supreme Court of Nigeria,
not yesterday or last week or last year, but many years, even decades ago, but
a moment came when they threw gravitas, sobriety aside and exhibited their
excitement vigorously, openly and spontaneously.
FUNKE ADEKOYA SAN: BUILDING A BETTER AND STRONGER NBA
VOL. 14. NO. 3 11-11-13
One bright
November morning this very year 2013, in a quiet corner of Abeokuta, a group of
legal practitioners, eventually totaling seventy-three, gathered to a sumptuous
intellectual feast,
LAGOS STATE JUDICIARY MARKS 2013/2014 NEW LEGAL YEAR
VOL.14 NO. 1 07-10-13
Your Lordship,
Good
morning sir. I believe that you still enjoy excellent health, courtesy of his
Grace. We remain grateful to God for your life.
I
feel constrained to write this letter to you, not only because you are a former
(not retired) justice of our nation’s apex court, or because you are now an old
man, a gallant elder at those that may be properly regarded as fathers in the
law.
I
have been at a few for a where you spoke on the state of affairs of our nation,
particularly vis a vis the legal profession.
On
these different occasions, the distinct impressions I took away from your
contributions were that you are one jurist who is an incurable champion of
justice delivery, justice promotion, ethnical and responsible conduct on the
part of judges and lawyers alike.
Thus
I was absolutely shocked even bewildered to see you on the ripened morning of
Thursday 24th October 2013 at the Foyer, of the Lagos High Court
Igboseere, playing the role of Chairmanship at the launch of a book dedicated
in honour of Hon. Justice Ayotunde Phillips, the Chief Judge of Lagos State.
I
really thought a jurist of such a high should not be caught at such a function!
Are
you surprised sir at my contention? You may wonder at my taking you to task
over your presence a boo launch in honour of a judge?
My
grouse sir, is not with the Book that was launched, the bodies who launched
same and the worthy in whom honour of whom it was dedicated.
My grouse is the timing of the launch –
11.00am on a working day! Sir what do you think the goddess of justice thought
of such an event holding in the heart of her hours?
As
you would agree with me sir, aside the honouree of the day, to wit Hon. Justice
Ayo Phillips herself, there were no less than forty serving Lagos State High
Court judges and several magistrates in attendance.
Clearly
the programme which essentially was a private affair of the publishers of the
book (ENTITLED “A REFORMATORY APPROACH
TO THE CRIMINAL JUSTICE SYSTEM IN NIGERIA) disrupted the administration of
Justice in Lagos State on Thursday 24 October.
Out
of the fifty high court judges in Lagos, less than fifteen sat on that day. And
of thus number, not up to four sat for more than an hour or two.
And,
all for what?-The affected judges and magistrates shut their various temples of
justice to spectate on a fund Raising Ceremony.
And
where is the money raised at the Book launch going to? Coffers of the Lagos
Judiciary or the Lagos State Government? Of course the answer is ‘no’
The
proceeds go to the account of the publishers of the book. Now because of the
book launch hundreds of litigants and their respective counsel could not have
their day in court. Some came even outside jurisdiction. Some came with great
difficulty and cost but almost all would have came with reasonable expectation
of adjudication on their matters.
Alas
most went home disappointed-the judges were not there for them. And only for
the reason that the judges had left their courts for a social event!
I
really feel that your Lordship as an elder of a commanding height ought to have
counseled against holding the Book Launch on a work day and if it Must be a
work day then certainly not before 3.00pm, thus, so that our judges and
magistrates would have done first things, first.
In my candid opinion that Book Launch of
Thursday 24th October 2013 that started about 11.00am and ended at
about 2.00pm was insensitive, abuse of office, abuse of privilege and smacks
quite strongly of what Yoruba people call “Iwa a wa lawance, ta ni o mu wa? (we
are in power and who dare challenge us?) and overall unjust.
One
may like to ask what example was the Chief Judge setting by allowing a book in
her honour to be launched during at the peak time of office hours in a work
day.
Would
the Chief Judge have approved such a programme of any other judge, magistrate
or any judiciary staff?
Thank you sir
for your kind and patient perusal of my feeble writing.
I only hope it
makes more sense than nonsense to your Lordship
Very faithfully
yours
Adesina Ogunlana
Esq.
Friday, April 11, 2014
“I AM NOT A LOOTER” AKANDE C.J TELLS LAGOS GOVERNOR OVER ALLEGATIONS OF VANDALISATION OF GOVERNMENT PROPERTY
VOL 13 NO 17 15-07-13
It was fairly common knowledge in the Lagos State judiciary
between year 2009 and 2012 when Hon. Justice Inumidun Akande was the Chief
Judge that the relationship between her and her immediate subordinate then,
Hon. Justice Ayotunde Phillips was a far cry from amity.
Informed watchers of the Lagos Judiciary knew that the (needless)
competition that arose between the two jurists in the (needless) race to
succeed Adetula Alabi J. as Chief Judge contributed hugely to the discord.
And so it was that when Akande J. eventually became the Chief
Judge, the two jurists just had to manage themselves, forever mutually
suspicious of themselves.
Unfortunately, as the Squib can authoritatively reveal, even with
the exit of Akande C.J from the system upon her retirement from office in June
2012 the unfriendly and unhealthy relationship between the duo has not
abated.
The latest source of the “war of attrition” and discord between
the two Chief Judges is located at No 4 Thompson Street, Ikoyi, Lagos, the
official quarters of Lagos State Chief Judge. Extra-judicial and multi-faceted
geckos briefed the Squib’s Gecko Intelligence Agency (S.G.I.A) that the said No
4 Thompson Street, which was renovated under the supervision and control of the
Ministries of Justice and Works sometimes in 2011 at the cost of one hundred
and thirty nine million naira, in the regime of Akande C.J has once again
undergone another renovation in 2013 in the regime of Phillips C.J at the
alleged cost of three hundred and sixty nine million naira.
According to our impeccable sources, Ayo Phillips J the new Chief
Judge of the State ordered the latest renovation upon findings showed that No 4
Thompson Street, Ikoyi, Lagos as used and left by her predecessor in office was
in a sorry state of disrepair, looted, vandalised and grossly unbefitting to be
the official quarters of the Chief Judge of Lagos State.
The Squib gathered that when Inumidun Akande C.J who retired in
June 2012, vacated the residence in February 2013 heard claims from certain
quarters that she left the official quarters in poor and sordid condition, she
forwarded a petition to Mr. Babatunde Raji Fashola SAN, restating her
innocence and calling for a probe. According to sources in the Governor’s
office and the ministry of Justice the Governor was surprised and embarrassed
to receive the former Chief Judge’s letter.
Akande in her letter asserted that she never looted or vandalized
No 4, Thompson Street in any form or take away any government
property. She said she surrendered the keys to the Quarters on the same
27th February 2013 when she moved out, to the incumbent Chief Judge
through the office of the then Chief Registrar of the Lagos State High Court,
Mr, now Honourable Justice Gani Safari.
She further asserted that she requested for an inventory of the
house to be taken by the new administration with her representatives present
but that no such exercise has ever been carried out. She further stated in her
petition that her own investigation showed that it was the Chief Security
Officer of the incumbent Chief Judge and some other persons who actually
stormed the house to effect the removal of government property in the house by the
truck-load to unknown destinations, after she had vacated the house.
The petition of the former Chief Judge was said to be backed up
with several pictures of the condition of the house, especially furniture,
electronic gadgets, carpets, blinds in various parts of the house as at the
time of her exit, painting a credible picture of leaving No 4, Thompson Avenue
in a very tenantable state.
The Squib further gathered that even before the aggrieved ex-Chief
Judge dropped her petition with the Governor, the Governor had caused an
investigation of the situation at 4 Thompson Avenue, Ikoyi Lagos.
Sometimes in late April 2013 or early May 2013, the Governor invited Akande,
ex-Chief Judge and Phillips C.J to his official residence to a meeting. Neither
of the jurists knew the other was coming.
Other people at the meeting, we gathered were Mr. Ogunlewe, the
Head of Service, Mrs. Oguntuase, the Chairman of the Lagos State Tenders Board
and Mr. Ade Ipaye, the Honourable Attorney-General and Commissioner for Justice
Lagos State.
The Governor at the meeting, expressed his great displeasure and
embarrassment at having to call a meeting to look into a matter involving two
very senior judges of the state and upon allegations bordering on misconduct
and criminality.
He called for a report from officers of state who had gone to
inspect 4, Thompson Avenue. The report stated that the place was at the time of
visitation and investigation, in shambles. After hearing the committee out and
asking a few questions, the governor ‘ruled’ that the report was untenable in
view of the claims and assertions of Inumidun Akande Chief Judge in her
petition.
The Governor was particularly surprised to learn that despite the
alleged massive looting and vandalisation of the residence, the new Chief Judge
had not only renovated same but had moved in already within two months and was
demanding for the sum of three hundred and sixty nine million naira for the
said renovation when it as only in 2011 that the very house was renovated at
the cost of one hundred and thirty nine million naira.
Government sources told the Squib that due process in awarding and
executing government contracts for developing and renovation of government
properties, is a long and rigorous one, designed to eliminate or reduce
arbitrary decisions, mismanagement and misappropriation of government funds.
The due process in renovation of such government property must involve the
Ministry of Works, the State Tenders Board as well as the office of the Governor.
Even the Governor himself must pass through the State Tenders Board once a
contract (to be executed) or a project cost more than ten million naira.
At the end of the meeting which saw the two antagonists sitting
far apart, Akande spoke asserting and reiterating her innocence while her
successor, the normally ebullient Phillips C.J, declined any comments.
The Governor there and then set up a new Investigating Panel into
the matter to be headed by the Commissioner of Works, Doctor Hamzat. This new
panel ordered by the Governor to submit its reports within two weeks however is
yet to do so.
The S.G.I.A has however learnt that the Hamzat committee had made
some significant discoveries is in the course of their work which included
interviewing the contractor who renovated 4, Thompson Avenue in 2011. The
gentle-man is said to have submitted to the Hamzat Committee.
(1) Photographs of the house before he started renovation in 2010.
(2) Photographs of the house upon full renovation in November
2011.
(3) Photographs of the house on March 3 2013 (four days after the
exit of Akande C.J from the house) to the panel.
Geckos equipped with infra-red eyes specially deployed to the
state Government Secretariat assure that the pictures for the 2001 contractor
tallied with the pictures of the house affixed to the petition of Akande C.J to
the Governor.
COUP AND COUNTER-COUP!” IS OLUFEMI ISAACS BACK TO POWER AS CHIEF REGISTRAR
VOL.13, NO.15 25-06-13
On Monday 17th
June 2013, the Squib (many thanks to her numerous geckos) broke the news of the
sudden and sodden removal of Mr. Olufemi Isaacs from the office of the Acting Chief
Registrar of the Laos State High Court.
The removal was tagged
a “coup” because it was not only unexpected but amounted to a change of
personnel and dynamics in the corridor of power, as well as affect the career prospect
of the removed officer.
However “further and
better” information has come to light that the (intended) replacement for Mr.
Isaacs in the highly coveted office of Chief Registrar, is not Miss. Serifat
Solebo Chief Magistrate II as wrongly reported last week by this medium.
The news is thick in
the air that the alternate candidate preferred by certain powers that be is a
female Chief Magistrate 1, a Deputy Chief Registrar of the Lagos High Court
Igbosere.
The Squib has it on
good authority, that upon experiencing his “un expected dethronement” on or
about Thursday 13th June 2013 a distraught Acting Chief Registrar Isaacs
promptly fell sick and landed in hospital. Certain forces however rallied round
to “fight” the cause of the gentleman whom has a lot of sympathy credit in the
upper echelon of the Lagos State Judiciary and save him the embarrassment of a
painful your-eyes-will-see-it but-your-mouth-will-never-taste-it
experience.
The Squib further
learnt that Honourable Ayo Phillips Chief Judge of Lagos State who was not in
the country reportedly dissociated her office from any ousting of Isaacs and
gave instruction that the man should return to the office of Chief Registrar.
Thus by Tuesday 18th June 2013 the distressed Mr. Olufemi Isaacs
literally resurrected from the dead to take over the office of the Chief
Registrar and has been running it since.
Observers however are
not agreed on the actual status of Mr. Isaacs in the office of the Chief
Registrar. While the man had resumed to the office as early as Tuesday 18th
June 2013 and has held a meeting on Wednesday 19th June 2013 with
all Deputy Chief Registrars (DCR Akinkugbe and DCR Femi Segun (?) absent), controversy
is still on whether Mr. Olufemi Isaacs remains an acting Chief registrar or has
become the substantive Chief Registrar of Lagos State High Court. Nonetheless there
a few senior extra terrestrial geckos who boldly assert the Mr. Isaacs has
received a letter confirming him Chief Registrar.
Predictably the picture
would become clearer in a few days time as Honourable Justice Ayo Phillips the
Lagos State Chief Judge and chairman of the Lagos State Judicial Service Commission
would resume work on Monday 24th June 2013.
WHY I WANT TO BECOME NBA LAGOS CHAIRMAN – ALEX MUOKA
VOL 13, NO.14 17-06-13
Squib Interview –
17-6-2013
SQUIB:
WHO IS ALEX MUOKA?
MUOKA:
Alex
Muoka was born and bred in Lagos. I attended Methodist Boys' High School, Broad
Street, Lagos, and the Lagos State University where I graduated with a law
degree in 1990. I made a Second Class Upper Degree at the Nigerian Law School,
won the 'Company Law and Commercial Practice' prize, and was called to the Bar
in 1991. I have a Master of Laws Degree from the University of Lagos. I have
been in private legal practice since 1992, and presently run a commercial,
intellectual property and litigation law firm.
I have been
active in the Lagos Branch of the Nigerian Bar Association for many years, and
am currently the Secretary of the Branch, and a Member of the Nigerian Bar
Association-National Executive Committee. I am also a Member of the Steering
Committee LCF of the Lagos Court of Arbitration, and Treasurer of the
Intellectual Property Law Association of Nigeria.
I have held
several earlier positions in the Lagos Branch of the NBA,
including Secretary of the Branch Building Committee from November 2006 – July
2009, Member of the 2007 NBA-Lagos Branch Law Week Committee, Member of the
2006 NBA-Lagos Branch Law Week Committee, and Ex-Officio Member of the Branch
Executive Committee from December 2005 – July 2007.
SQUIB: YOU'VE BEEN THE SCRIBE OF THE NBA LAGOS FOR THE PAST TWO YEARS, HOW IS THE EXPERIENCE AND WHAT LEGACY WILL YOU SAY YOU ARE LEAVING BEHIND?
MUOKA: It has been an interesting two years. I have had the opportunity
of working with a diverse set of people from different backgrounds in the
Executive Committee and in the Branch, and it has been an incredible learning
experience for me. I introduced some innovations in Branch Secretarial
Administration which have been very well received. I changed the format of our
Minutes to a more professional and contemporary style, and ensured that minutes
are free of typographical and grammatical errors and reflect the discussions
and decisions at meetings.
I pioneered the
use of an electronic mailing platform to send detailed information about
activities of the Branch and the National Body, conferences, workshops and
other events (as well as non-legal issues of burning national interest) to
members via a regular chatty newsletter. This newsletter has been so well
received that hundreds of members of the Branch of all ages look forward to
receiving and reading it.
Partly through
my suggestions, the Branch Executive (led by Mr. Taiwo O. Taiwo) has ensured
that Branch Meetings are timely – starting at about 1.00 pm or a few minutes
thereafter and running for an average of two hours – so that busy lawyers can
schedule their calendars and plan to attend. Again, my suggestion drove the
holding of two annual black-tie bar dinners in our administration – which were
well-attended, and much talked about high-octane events.
I have also
raised the profile of the office of Branch Secretary to a new height of
conscientious respectability.
SQUIB: NBA LAGOS IS PROUDLY KNOWN AS THE "PREMIER BAR", WHAT IS YOUR UNDERSTANDING OF THE HISTORY DYNAMICS AND PEDIGREE OF YOUR BRANCH?
MUOKA: Lagos is unarguably the cradle of the legal profession in
Nigeria. It was the colonial capital and therefore the place where the
judiciary and legal profession first took proper roots in Nigeria. The Supreme
Court and Court of Appeal were in Lagos. The Federal High Court (then Federal
Revenue Court) started here as well. It is not surprising that back then the
finest crop of lawyers were to be found in Lagos.
The pace of
legal practice in Lagos made the Lagos Branch of the Nigerian Bar Association
the most vibrant and progressive Branch. It still is. The Lagos Branch is
'primus inter pares' and this makes it the Premier Branch. It has a history of
providing leadership and direction to the other Branches and the National Bar.
It is also arguably the largest Branch of the Nigerian Bar Association with a
membership of over 3,000 legal practitioners.
The Lagos
Branch has over the years boasted of the finest and best amongst its members.
Lagos has the highest number of Senior Advocates and the majority of them are
members of the Premier Branch. It also has the highest number of large
commercial firms – whose partners and associates are again members of the
Premier Branch. It would interest you to know that the current Governor of
Lagos State (and at least one other serving Governor) practised in Lagos and
were members of the Premier Branch.
SQUIB:
WHY DO YOU WANT TO BECOME THE LEADER OF THE LAGOS BRANCH?
MUOKA: The
Premier Branch boasts of over 3,000 members including a large number of senior
advocates, senior lawyers, lawyers in large multi-disciplinary practices,
lawyers in multinationals and large corporations, and numerous
solo-practitioners – with diverse backgrounds, interests and aspirations. I
believe that the Branch should continue to show leadership in the quality and
commitment of its elected officers. Chairmanship of the Branch is an important
office and must not be left to the vagaries of sentiment or parochial
considerations. The Branch should ensure that only a charismatic, committed,
competent, capable and sincere leader is elected to steer its affairs.
The Premier Branch has had a
history of very distinguished and capable Branch Chairmen – many of whom are
still active in the service of the bar. The quality and cosmopolitan nature of
the membership of the Premier Branch has over the years been demonstrated in
the pedigree of its elected leaders.
I have carefully considered
the qualities that should be expected of the chairman of the most powerful and
important branch of the Nigerian Bar Association - qualities of leadership,
integrity, charisma, erudition, competence, quiet dignity, gentlemanly
comportment, a capacity for work, preoccupation with excellence, and an ability
to inspire others to action. These are qualities I believe I possess and have
demonstrated over the past two years whilst discharging the duties of the very
technical office of Branch Secretary.
As an active member of the
Branch over many years, I have noted the concerns and complaints of members,
and have given very careful consideration to areas of Branch administration
where there is room for intervention, improvement and innovation. I have
designed a five-point carefully articulated agenda that will address the
complaints and concerns, carry the mantle of leadership forward, and transform
the Premier Branch to a new level in the areas of leadership, institutional
reform, capacity building, welfare, and discipline.
SQUIB: IN WHAT WAYS WILL THE LAGOS BAR UNDER YOUR WATCH IMPACT ON THE LAGOS JUDICIARY TO BE MORE USEFUL AND PRODUCTIVE AS AN INSTITUTION?
MUOKA: I must say that
the Lagos State Judiciary under the current Chief Judge – Hon. Justice A.A.
Phillips is being repositioned and strengthened for greater efficiency. And I
must commend the laudable steps the Chief Judge is taking to enhance welfare
and working conditions of judges, judicial officers and judiciary staff, as
well as upgrade the court infrastructure and systems.
If elected as
Chairman of the Premier Branch, I would seek to forge a closer working
relationship between the bar and the bench to build on the gains of the
bar-friendly leadership of the Judiciary that we have in place now and address
some of the recurring problems that users of the Court system complain about.
I must add that
the problems go beyond the Lagos State Judiciary. Lagos is also home to the
Lagos Divisions of the Court of Appeal, the Federal High Court and the National
Industrial Court of Nigeria, and there is a need to extend the bar-bench forum
to these other Court institutions too.
SQUIB: AS A PRACTITIONER DESCRIBE YOUR FIRM AND THE VALUE OF SAME
MUOKA:
I
manage a small five-lawyer firm that does mainly corporate/commercial, transactional
and civil litigation work. The firm is blessed with very loyal and hard-working
legal and para-legal staff - some of whom have been with the firm for over ten
years. My colleagues have been very supportive of my bar activities and have
freed me to devote time to the onerous duties of Secretary over the past two
years.
My firm
occupies a spacious office in the business district of Yaba, Lagos (off
Commercial Avenue), with a decent modern law-library and IT infrastructure. I
love art and my office is a mini-museum with paintings adorning every wall. All
told, I would say that we have tried to create a convivial and friendly work
environment – where people can learn, work and actualize their aspirations.
I consider
that the value of the firm is the high quality of the professional service we
offer to discerning clients, and our concern with stakeholders. We handle
pro-bono cases for indigent people and run a mentoring scheme for law students/
young lawyers.
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