Plateau State Governor Simon Lalong has promised to partner the Federal Government and private sector investors to ensure increased and stable power supply in the state.

He was delivering a keynote address at the national power sector meeting held in Jos, the state capital.

Lalong said: “The Plateau State government is fully committed to working with the Federal Government and private sector investors towards realising increased and stable power supply to our citizens in the urban and rural areas. This will not only improve their social well-being but also enable them to engage in meaningful economic activities.

“Plateau also has a history of being the launching pad of many programmes and projects not only in the broadcast and solid mineral industries but also in the power sector. We pride ourselves as the home of the first Hydropower Plant in West Africa, which was built and commissioned in 1923.

“The importance of this National Power Sector meeting cannot be over-emphasised considering that the availability of electric power, is a sine qua non to any meaningful industrial development in a nation.

“It may interest you to know that the Acting President Yemi Osinbajo was in Jos last week to open the Micro, Small and Medium Enterprises (MSMEs) Clinic, and one of the fundamental factors identified for the success for these enterprises is the availability of regular power supply. This agrees with the emphasis we are putting on infrastructural development as a key policy thrusts of our administration.”

Lalong said the state is also focusing on maximising its economic potentials in agriculture, solid minerals and tourism.

Efficient power supply, he said,  would enable investors to add value to agricultural products from the farms, process the minerals from the mines, and improve services at hospitality and tourism industry.

“It is in the light of this that I wish to appeal to the Honourable Minister to help expedite the completion of the 132KV transmission line, from Makeri to the National Independent Power Plant (NIPP) Sub-Station in Pankshin, to improve the quality and quantity of power supply to the Central and Southern Senatorial Zones of Plateau State, where the bulk of our agricultural activities take place.

“Two major players in the power sector, Jos Electricity Distribution Company (JEDC) Plc and Nigeria Electricity Supply Company (NESCO) Ltd are located in Plateau State.

“The Plateau State Government is in active collaboration with both JED Company and NESCO to ease their operations, by creating the enabling environment in terms of security and community relations, as well as investing in the provision of power distribution assets in rural communities.

“We wish to commend the efforts of the Federal Government for her intervention in this area through the Rural Electrification Agency (REA). However, permit me to further crave your indulgence, Honourable Minister, for the resumption and completion of work at the numerous R.E.A. project sites all over the state, that have now remained abandoned for many years.

“As a state, we are intervening by trying to complete some of these projects for the benefit of our citizens, but our limited resources will not allow us to take over all of them,” Lalong said.

He backed the National Power Goal, saying it was not only aimed at improving power supply, but increasing the contribution of renewable energy in the National Energy Mix  as Nigeria joins the world to combat and mitigate the adverse effects of climate change.

“As you already know, Plateau has the exceptional advantage of enjoying the abundance of four of the Major Renewable Energy Sources of solar, wind, small hydro and biomass.

“At this juncture, I wish to thank the minister for granting a licence to one of the private sector developers to build and operate a  70 Megawatts solar power generation plant in Panyam, Mangu LGA of Plateau State.

“We are equally grateful to the European Union and the German Federation, for working through the Nigerian Energy Support Programme (NESP) with Plateau State, to build the first Solar-Powered Mini-Grid Plant in Demshin and Anguwan Rina villages in Plateau State.

“In addition to this is the building of the first Solar-Powered Water Heating System at Government Science School, Kuru, near Jos. As a government, we have also completed and commissioned a five kilowatts demonstration plant at the Headquarters of the Ministry of Water Resources and Energy, for powering offices using solar energy in our Green City Programme.

“We have already completed the draft and will soon launch our Renewable Energy Strategy, for up-scaling these initiatives for the benefit of other communities, institutions, office complexes and commercial buildings,” Lalong said.

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Rivers State Governor Nyesom Wike has been appointed Chairman of the Local Organising Committee of the African Bar Association (AFBA) Annual conference holding in Port Harcourt from August 6 to 10.

The theme is: Overcoming the legal challenges of doing business in Africa.

Immediate past President of the Republic of Tanzania Dr. Jakaya M. Kikwete, is expected as keynote speaker.

Wike, a council member of AFBA, said: “ The 2017 conference  promises to be very interesting and is expected to host about 2,500 lawyers, judicial officers, lawmakers, captains of industry and other interest groups from the continent and across the world.

“There will be showcase sessions and the African Business Roundtable where eminent businessmen and women will chart a veritable course for doing business in Africa the legal way. The conference will also deal with e-commerce, women, children and minority rights.”

Other members of the Committee constituted by AFBA president Hannibal Uwaifo are: AFBA Vice-President on Budget, Mr. Ibrahim Eddy Mark, Chairman of Nigerian Bar Association (NBA), Port Harcourt Branch, Mr. Frank-Briggs, Mr. Emmanuel Mark, Mr. Chike Adibua, former NBA Assistant National Publicity Secretary, Mr. John Austin Unachukwu and  Attorney-General and Commissioner for Justice Rivers State, Mr. Emmanuel Chinwe Aguma.

Members of AFBA’s executive council make up the conference planning committee.

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How can Nigeria meet the United Nations (UN) ratio of one policeman to 400? It is by recruiting 155,000 more policemen in five years, says Inspector-General of Police (IGP) Ibrahim Idris. The IGP is also seeking more funds for police operations. Will these ensure safety of life and property? ROBERT EGBE examines the issue.

For a country that is underpoliced, Nigeria seems to find it difficult managing its lean personnel resource well. More policemen are attached to politicians and the affluent than deployed in crime fighting. For Nigeria to meet the United Nations (UN) ratio of one policeman to 400 people, it must live up to the conventional wisdom of more cops, safer streets.

Inspector-General of Police (IGP) Ibrahim Idris concurs. Last Thursday, he said to secure life and property and meet the UN approved ratio, the country must recruit 155,000 more policemen for its approximately 182 million population.

At the opening of the yearly National Security Summit in Abuja, Idris said the police would have to hire 31,000 officers yearly for five years to bridge the gap.

He called for the passage of the Nigeria Police Reform Trust Fund (Establishment) Bill, “which was tabled before the National Assembly (NASS) since 2008”, noting that this would provide legal framework for funding police operations including training and equipment supply.

There is merit in the IGP’s suggestion. For want of personnel and resources, the police often collaborated with the military and paramilitary organisations, such as the Nigeria Security and Civil Defence Corps (NSCDC) and vigilance or neighbourhood watch organisations, to enforce law and order.

Is Nigeria underpoliced?

The case for 155,000 more officers, to meet a cop per capita ratio of one officer to 400 persons, suggests that the Nigeria Police have a staff strength of only 300,000, which is 71,800 fewer than the figure for 2015. This puts the national ratio at one officer to 606 citizens.

However, the state-by-state ratio varies, depending, among others, on the size of the police command.

For instance, in 2015 in Minna, former IGP Solomon Arase, during a nationwide tour of police formations, said the Niger State Command had less than 8,000 policemen, approximating to one policeman to 494 persons.

Also, Lagos State Governor Akinwunmi Ambode, in November 2015, during a four-day leadership retreat, said there were only 33,000 policemen policing over 20 million residents, making the ratio one officer to 606 persons.

These figures clearly fall short of the UN average. But, is the UN right? Must a country have at least one policeman per 400 persons to achieve adequate policing? And do more cops translate to less crime and vice versa?

The contrary view is that many countries kept their crime rate lower than Nigeria’s despite a lower cop per capita ratio than the UN recommendation.

According to a UN analysis indicating an approximate global average of 300 policemen per 100,000 inhabitants, countries such as Finland, Ghana and Iran have less than 300 per 100,000 (See table above).

Conversely, at least eight countries have a worse crime rate than Nigeria, despite having a more robust police per capita ratio.

The countries, according to Crime Index for Country 2017 by online global database Numbeo, include Venezuela, South Africa and Honduras. (See table on Page 22).

‘Over-policed, under-secured’

In a 2005 report on the Nigeria Police, two researchers at the University of Wales, Rita Abrahamsen and Michael Williams, described Nigerian society as “over-policed and under-secured”.

The report noted that although there were “many police officers” on the streets of Lagos and the insurgency-affected Niger Delta, they were “often unable to enforce law and order.”

Twelve years on and a different political party in power, the police have made many efforts at self-discipline and image change. This year alone, several errant policemen have been shown the door and prosecuted for various crimes. Things have clearly changed.  Have they really?

Last April 11, Dean of the Faculty of Law, Ambrose Alli University, Ekpoma, Prof Sunday Edeko, relived the alleged terror unleashed on him on March 13 by a team of policemen from a special anti-cult unit in Ekpoma, Edo State.

Edeko said he was slapped in the face, hit with a hammer on the hand, beaten with a cutlass, kicked to the floor and tear-gassed in the eyes by the five men, none of whom were in uniform.

He said they threatened him and his wife with a charge of armed robbery, kidnapping and cultism and forced him to write a false confessional statement and an apology to the police.

“I  clearly introduced myself as Professor Sunday Edeko, the Dean of Faculty of Law, Ambrose Alli University, Ekpoma. All my attempts to explain that I was a law-abiding community leader fell on deaf ears. They started the second stage of their assault on me. They descended on me with hammers, cutlass, tear gas, hand and foot. They brutalised me and inflicted injuries on my back, hand and leg.”

However, on April 18, this year, Edo State Police Commissioner, Haliru Gwandu, denied the involvement of his men in Edeko’s alleged ordeal.

Gwandu, who said the don was arrested for alleged gun running and sponsoring of cult activities in the institution, paraded one pump action gun, one double barrel gun and one single barrel gun allegedly recovered from Edeko.

Stories such as Edeko’s are not uncommon.

Global rights watchdog Amnesty International (AI) often raises the alarm over alleged rights abuses by the police and other law enforcement agents in the country.

In its 2016/2017 report on Nigeria, AI accused the Police Special Anti-Robbery Squad (SARS) of frequently committing torture and other ill-treatment during interrogations.

“In September 2016, the Inspector-General warned SARS against committing torture and encouraged them to follow due process of law.

“On May 18, 2017, Chibuike Edu died in police custody after he was arrested for burglary and detained for two weeks by the SARS in Enugu. The police authorities were investigating the incident; no one had been held accountable for his death at the end of the year,” the report said.

‘Nigeria not underpoliced’

Perhaps this is one of the reasons human rights lawyer Festus Keyamo believes the most important problem of the police right now is not personnel.

To Keyamo, the current police strength is adequate to maintain law and order.

He said: “In fact, I even fear for the recruitment of more policemen who are poorly trained, poorly kitted, ill equipped and ill motivated.

“As it is now, the police we have can do the job if they are well kitted, well-motivated, well equipped and well trained.

“We cannot keep recruiting policemen over and over again when we have no capacity to properly kit the ones who are already in the force. Of what benefit would that be?”

The lawyer believes another key requirement for better policing is reorganisation of police recruitment process, “otherwise we can end up recruiting drunkards, thieves and all kinds of shady characters.

“I’m sure you have even seen images online of some policemen fighting themselves in public: that is the kind of police we have now.”

In a May3 letter to the IGP signed by Assistant Head of Festus Keyamo Chambers, Abuja, John Ainetor and another lawyer, B.I. Dakum, the police boss was urged to investigate a case of alleged police involvement in kidnapping in Delta State.

The letter said the wife of a businessman, Prince Ovwighodua Odebala, was kidnapped at Sapele, Delta State, on March 22, allegedly with the connivance of police officers and released on March 31, 2017 after a ransom of N5 million was paid by her family.

“When our client reported the issue of the kidnapping of his wife to the Divisional Police Officer of Sapele Police Division, the officer swiftly acted and took him to the Commissioner of Police, Delta State. Upon narrating the incident to the Commissioner of Police, the Commissioner called Mr. Ndifreke Ntafiong (also known as Iwok) and simply asked him to go and release our client’s wife.

“Our client was amazed that even the Commissioner knew the involvement of this police officer in this crime but could treat such a serious matter with kid’s glove. Mr. Ndifreke Ntafiong was detained shortly and thereafter released.

“He then informed Prince Odebala to go and withdraw the complaint against him before his wife would be released. Prince Odebala declined to withdraw the complaint.

“However, it was shortly after the release of Ntafiong, that the kidnappers called to reduce the ransom to the sum of N5 million, which was eventually paid.”

‘What the police need’

Keyamo believes that one of the ways to discourage police officers from taking to crime is to adequately remunerate them. He said poor conditions of service meant the police generally would not attract quality recruits.

He said: “One major problem of the police is lack of correct motivation, and when I say motivation I’m saying in black and white: pay them well. Give them very good incentives and they’ll want to die for the job. Then equip them very well. We need to do this before we start recruiting even more officers. We need to see how they perform, how they respond to this before we go ahead to recruit more.”

Lagos lawyer, Shina Fashugba agrees.

Although Fashugba supports the IGP’s quest for more men, he believes better policing in accordance with the Police Act can only be achieved with, among others, the right training and orientation.

He said: “The most important thing is to improve the quality of training, orientation, skills that the police receive and the equipment  they have.

“You can have a million, two million policemen, but how do their minds work? What kind of orientation are they given? These are some of the very important considerations which the IGP must look into.”

Nigeria Police Reform Trust Fund (Establishment) Bill

Idris understands the issues and has identified better funding as key to any police reformation process. The police boss believes the passage of the Nigeria Police Reform Trust Fund (Establishment) Bill) by the National Assembly is the first step in this direction.

The draft bill, which received approval from the Federal Executive Council (FEC) on June 17, 2010, creates a legal framework that would outline the counterpart funding arrangements between the Federal Government, states, local government and organised private sector.

It also provides, among others, for quarterly funding of the police through a first line charge on the federation account.

Idris said: “The issue of police funding has been critical to all past reforms panels since 19994, 2002, 2008 and 2015. However, the issue is yet to be critically addressed. So far, the best approach to funding of the police is the Bill which was tabled before the National Assembly in 2008 and is yet to be passed till date.

“The force is hereby soliciting the support and understanding of our National Assembly to give accelerated hearing to this bill so as to adequately position the police for better funding to enable the force discharge its statutory responsibilities effectively and efficiently.

He spoke of plans to establish more training institutions to boost specialisation within the institution for enhanced operational competence, as well as the establishment of training schools for border patrol, close protection and marine police units.

According to him, the force had established seven Police Mobile Force (PMF) Squadrons in seven states to enhance its capacity for swift response to challenges, adding that 14 Close Protection Units (CPU) bases have also been established in 14 states.

“This will go a long way to strengthen the PMF Squadrons in their assigned roles and responsibilities to respond professionally to violent crimes where necessary,” the IG said.

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A Senior Lecturer at the Faculty of Law, Ekiti State University (EKSU) , Dr. Emmanuel Adetifa, has described the whistle-blower policy as a useful tool in the fight against corruption.

He spoke when the university’s pioneer Law students held their reunion/dinner in Ado-Ekiti, in commemoration of their 20 years after their graduation.

Speaking with our reporter on the sidelines of the event, Adetifa, a member of the class, slammed those accusing the Federal Government and the Economic and Financial Crimes Commission (EFCC) of resorting to media trial to try corruption suspects.

According to him, the fight against corruption must be given wide publicity by the media to send a message to the public that it is no longer business as usual.

Adetifa, who is of the Department of Public Law, explained that provision of good governance by government at all levels would discourage corrupt practices among citizens.

On allegation that the anti-corruption drive is selective, Adetifa said: “It depends on the person making the allegation; you have to look at the personality of the person making the allegation because some people now use that as a defence mechanism.

“I don’t agree that the government is making so much noise about fighting corruption because if the government is not doing it that way, some people will not be checkmated.

“The corruption battle must be given publicity it deserves because the citizens must know that government is fighting corruption. You can see that this whistleblower policy is really working.

“There is no other way to it because corruption has become the in-thing in Nigeria. Whistleblowing is working magically because people know that they are under surveillance and it is because of the publicity being given to it.

“But I want to state that good governance is a factor in tackling corruption because if this is not available you are merely scratching the problem in the surface.”

The law alumni, who left the university in 1997, recalled their years as students of the university which prepared them for the various careers in law practice, academia, magistrates, politics, private business, among others.

Some of them include the Director of Public Prosecution (DPP), Ekiti State Ministry of Justice, Mr. Gbemiga Adaramola; former Speaker, Ondo State House of Assembly who now serves as Senior Special Assistant on Parliamentary Matters, Hon. Taofiq Abdusalam; former House of Representatives member for Ibadan Southeast/Northeast Federal Constituency, Hon. Adedeji Kazeem; Ekiti State FIDA Chairperson, Mrs. Funke Anoma; and Mr. Tolu Babaleye.

The Dean, EKSU Faculty of Law, Dr. Benson Babaleye, hailed the ‘97 Law Class for coming together 20 years after graduating, urging other graduating sets to emulate them.

He expressed satisfaction that many of them were making positive contributions to the profession and had been projecting the image of their alma mater well.

Chairman, Steering Committee of the Pioneer EKSU Law students,  Adaramola expressed appreciation to members who responded to fundraiser calls, which culminated in the donation of N1 million to the faculty which produced them.

He advised members to register the alumni body with the Corporate Affairs Commission (CAC) to give the registered trustees a legal personality to undertake all needed functions and transactions seemlessly.

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Lagos State Governor Akinwunmi  Ambode has reiterated his administration’s resolve to ensure access to justice.

He spoke at the inauguration of a new Court Complex on Mba Road, Ajegunle named after a former Chief Judge of the state, Justice Sikiru Adagun.

The governor, represented by the Attorney-General and Commissioner for Justice Mr. Adeniji Kazeem, said the government was committed to providing a functional, responsive and dynamic judicial system which constitutes an indispensable component of good governance and major requirement in any society.

He said: “The constitution guarantees fundamental rights include the right to fair hearing. There may not be fair hearing when there is no court available in the immediate vicinity of the litigants or the available court is not conducive for proper administration.”

He recalled that two years ago, when he assumed duties, one of his pledges was to restore the dignity and constitutional privileges of Lagosians through a transparent and accountable justice system, adding that the inauguration was a testimony of the government’s commitment to ensuring that the judicial system functions effectively with people having unrestricted access to the court system.

He said since inception, the administration had embarked on the provision of a conducive courthouse for Judges, Magistrates and Litigants and ensured that distance or geographical location was not a barrier to citizens’ access to justice.

He informed that the feedbacks from the public on the improvement of the judicial system and the achievements of ombudsman agencies, such as Domestic and Sexual Violence Response Team, Land Grabbers Committee and Legislative Initiatives, had been encouraging.

He said the new Court Complex has administrative offices, which would service the 24 courtrooms, providing multi-door approach to arbitration and resolution of litigation to ensure cordial relations among litigants. It will also accommodate the Office of the Public Defender (OPD), which will provide legal advice to the vulnerable.

He explained that the complex, in line with the tradition, was named after Hon. Justice Sikiru Adagun, a former Chief Judge of Lagos State, who distinguished himself during his career and service with integrity.

At the occasion was Justice Opeyemi Oke, who represented the Chief Judge, Justice Olufunmilayo Atilade, and Chairman, House Committee on Judiciary, Funmilayo Tejuoso.

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Constitutional lawyer and activist Chief Mike Ozekhome (SAN) argues that executing condemned criminals is legal in Nigeria.

• Continued from last week

 When the apex court speaks, lower courts, especially the Lagos State Court, must blow muted trumpets and surrender to superior authority. This is not because the apex court is infallible. No. it is because it is the final court.

Indeed, the apex court once beat its chest imperiously in the case of Adegoke Motor Ltd Vs. Adesanya (1998) 13 NWLR (pt. 109) 250, 274 – 275, in the following flowery prose: “We are final not because we are infallible, rather we are infallible because we are final. Justices of this court are human beings capable of erring. It will be short sighted arrogance not to accept this obvious truth.”

Offences that attract

the death penalty

Some offences in Nigeria attract the death penalty, which must be imposed by the judge once such a person is found guilty. It is not unconstitutional. The convict must have to die by hanging or firing squad.

These include treason, mutiny under military laws, kidnapping, terrorism, offences of armed robbery, murder under the Criminal Code, homicide punishable with death under the Penal Code, and instigating invasion of Nigeria. During military dictatorships, the offence of armed robbery under the Robbery and Firearms (Miscellaneous Provisions) Act, 1984, was punishable with death by firing squad.

The Penal Code that operates in the northern part of Nigeria provides for capital punishment for a variety of offences, such as: sodomy, hiraba (high way robbery), apostasy (Ridda), abetting the suicide of a minor, drunken or mentally challenged person, rebellion (bag’ yi), attempt to commit culpable suicide by a prisoner already serving life sentence, giving false evidence that leads to the conviction and execution of an innocent person during trial, adultery (Zira), etc.

Modes of execution

Different legal systems across the world have various methods of capital punishment for condemned persons found guilty of committing the most heinous of crimes, such as rape, murder, treason, kidnapping, etc.

In the USA, lethal injection through administering powerful sodium thiopental, pancuronium bromide and potassium chloride, is still considered the most humane form of execution. In Iran, execution by hanging is the most common method, as experienced by 369 hangings in 2013, the highest in the world. Other countries that use hanging include Nigeria, Malaysia, India, Iraq, Afghanistan, Japan, Bangladesh, Palestine, Botswana, Sudan and South Sudan.

Firing squad by which a condemned prisoner is tied to the stakes, and shot by a line up of armed men, is the preferred method in Indonesia. It was the common method used in Nigeria during successive military juntas. Somalia, Saudi Arabia, China, Yemen, North Korea and Taiwan also use firing squad.

Beheading – Saudi Arabia is the only country in the world that uses public beheading as capital punishment.

Electrocution through the electric chair is used only in the USA. In 2008, the Nebraska Supreme Court declared it illegal for being “cruel and unusual punishment”. It was discovered in Oklahoma that a prisoner had writhed in “violent struggle” before dying.

Amputation – under Sharia Law, Buba Jangebe was, on May 8, 2000, amputated in Zamfara State, for stealing a cow.

Stoning is frequently used in Saudi Arabia, Sudan, South Sudan, Iran, Somalia, Yemen and some Moslem parts of Northern Nigeria.

Antiquated modes of execution

Other forms of capital punishment which have since become obsolete and hardly used in modern times, include: crucifixion (Lord, thank you for paying the supreme price for my sins); suffocation, smothering, starvation, poisoning, falling, Gibbeting (death inside a cage); poena cullei (Roman empire, when a prisoner was stuffed into a sack with animals and thrown into water); dismemberment, disembowelment (sepukka – hara-kiri); decapitation, cooking, crushing, burying alive, burning, boiling to death; blowing from the mouth of a canon, tearing apart by animals, back –breaking, crushing or devouring by animals, etc.

Are hanging or firing squad

‘inhuman and degrading

treatment’?

In Nigeria, the death penalty is legal and constitutional. This has been so since the 1960 Independence Constitution and 1963 Republican Constitutions. Section 33 of the 1999 Constitution legalizes it as follows:

“(1) Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence at which he has been found guilty in…”

Consequently, the death penalty is legalized, if: (a) it is in execution of a sentence of court; (b) for the defence of any person from unlawful violence, or for the defence of property; (c) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; and (d) for the suppression of a riot, insurrection or mutiny.

In Onuoha Kalu V. State (1998), 13 NWLR (part 583) 531, the apex court considered the appellant’s argument that not only was the sentence of death passed on him under section 319(1) of the Criminal Code of Lagos State inconsistent with section 30 subsection (1) of the 1979 Constitution, (ipssisima verbis section 33(1) 1999 Constitution), but was also inconsistent with the provisions of section 31subsection (1)(a), which states: “31 – (1), Every individual is entitled to respect for the dignity of his person, and accordingly –  (a) No person shall be subjected to torture or to inhuman or degrading treatment”

The Supreme Court rejected this argument thus: “The question is: can the passing of a sentence of death recognised by the Constitution in section 30 subsection (1) thereof be equated to torture and degrading treatment? The contention of the appellant is that a sentence of death is degrading and inhuman and therefore it is inconsistent with the provisions of Section 31 subsection (1) (a) of the Constitution, In his effort to substantiate the contention, learned counsel for the appellant cited a number of cases decided in other jurisdictions of the world. Useful as those decisions might be passive authorities, with respect, I do not find them applicable to the present case.’’

The position is Nigeria is very clear. Death sentence is a reality. It is provided for by our criminal laws including section 319 subsection (1) of the Criminal Code of Lagos State. Our Constitution also recognises the death sentence – see in particular sections 31, 213(1)(c) and 220(1)(e) thereof. Therefore, the sentence of death in itself cannot be degrading and inhuman as envisaged by section 31 subsection (1)(a).

There is nothing in the Constitution of the Federal Republic of Nigeria, 1979 that renders the death penalty under section 319(1) of the Criminal Code of Lagos State unconstitutional. On the contrary, there are sections of the Constitution, such as sections 30(1), 213(2)(d) and 220(1)(e) which in no mistake terms recognize the death penalty”

In Joshua Vs. State (2009) All EWLP (pt. 975) 1020 (CA), the Court of Appeal, relied on Kalu Vs. State (supra) and held that though abolished in other jurisdictions, the Constitution of Nigeria still recognizes the death penalty. In GABRIEL VS. STATE (2010 6 NWLR (pt. 1190), the intermediate court rejected foreign decisions and held that the death penalty is constitutional in Nigeria; just as the apex court did in AMOSHIMA VS. STATE (2011) All FWLR (part 597) 601 (SC), where it held that the death sentence is not unconstitutional and did not derogate from the hallowed doctrine of separation of powers.

Do death row inmates have rights?

Yes. The legality of the death penalty should not be confused with the illegality exhibited in the infamous case of Aliu Bello Vs A- General, Oyo State (1986) 5 NWLR (part 45) 828, where one Nosiru Bello who had been convicted of armed robbery by the High Court of Oyo State and was sentenced to death, had filed an appeal against this conviction. Surprisingly, while his appeal was still pending before the Court of Appeal, the A-G of Oyo State recommended his execution.  He was promptly executed. The execution was declared illegal by the trial court and this was upheld by the Court of Appeal, and the Supreme Court. The apex court also held that the premature execution constituted a blatant infringement of the deceased’s fundamental right to life. Thus, a person condemned to death is still entitled to his fundamental rights pending his execution.

In Nemi V. Attorney-General Of Lagos State (1996) 6 NWLR 42 at 55, the Court of Appeal held that “a convict on death row is entitled to challenge torture, inhuman or degrading treatment arising from a prolonged delay in executing him”. In Ogugu V. The State (1994) 9 NWLR (pt. 366) 1 at 47, the Supreme Court dilated that, “the executive and judicial authorities must accept responsibility of ensuring that execution follows as swiftly as practicable after sentence, allowing reasonable time to appeal and consideration or reprieve”.

A similar decision was arrived at in Dominic VS. AIG (2008) All FWLR (pt. 420) 775. This point was also emphasized by Belgore, JSC (as he then was), in Onouha Kalu VS. STATE (supra).

“At any rate, if after death sentence has been passed and the accused is in prison custody, if anything arises outside the normal custody that amounts to “torture or inhuman or degrading treatment”, that will be cause of action under fundamental rights but not militating against the sentence of death. In such a case the death sentence stands.

“Inhuman and degrading treatment” outside the inevitable confinement in death row will not make illegal the death sentence, rather it only gives ground for an enforcement right under the Constitution.”

This case puts to rest a decision such as the Ugandan case of Kigula & Ors. V. The Attorney-General (2015) AHRLR 197 (up cc 2005) page 197 at 221, where the Ugandan Supreme Court ordered the state to commute death sentences passed on the appellants to life imprisonment on the ground that “the inordinate delay in carrying the death sentence after it had been confirmed by the highest appellate court was inconsistent with article 24 and 44(1) of the Constitution”. This decision is absolutely not binding on any Nigerian court. It can, at best, be of persuasion.

However, in SOERING V. UK (1989) 11 EHRR, 439, the European Court held that the death penalty did not breach Article 2 of the European Convention, (equivalent of section 33 1999 Constitution); but that it violated Article 3 (inhuman and degrading treatment), because of the exposure of the victim on the death row to unacceptable level of stress and anxiety while awaiting his sentence and subsequent appeals; and especially considering the convict’s age and mental stability.

What next?

I wish Rev King well. I appeal to the Lagos State Government to commute his death sentence to life imprisonment, strictly on compassionate ground only. But, most people who argue for Rev King and others, are merely swayed by sheer sentiments and emotion, not law and justice. They easily forget that innocent lives were prematurely exterminated. The real victims remain forgotten in cold, deserted lonely graves, without anyone thinking of restitution for them and their bereaved families and friends. Only the survival of the convict becomes increasingly prioritised. Where is the justice or restitution for the humanity, dignity and memory of the deceased, who were gruesomely murdered? What has happened to our sense of justice and fairness? Said Socratic Justice Oputa, in Josiah V. State (1995) 1 NWLR (pt. 1) 125:

Justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even only a two – way traffic. It is really a three-way traffic – justice for the appellant, accused of a heinous crime of murder; justice for the victim, the murdered man, the deceased, whose blood is crying out to heaven for vengeance and finally, justice for the society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of.

• Concluded

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T here can hardly be a reasoned, rational legislative output in terms of enactments, without a competent knowledgeable and clearheaded team or office of legislative drafters.

It is to be understood that so much go into the making of legislation. The unseen hands of the legislative drafters, most arduously, Chisel out statutes from a bush of proposals. This, by any means, is not a child’s play, as any piece of intelligible, compact codes of law would have cost some pounds of brains.

What then is legislative drafting? Legislative drafting is often used interchangeably with such general terms as legal drafting or legal writing. Much as this may not be entirely incorrect, Legal drafting or Legal writing refer, generically, to all aspects of the Solicitor’s job, whilst legislative drafting as a kernel of the nut, specifically, has to do with those aspects of legal drafting or writing, involved in the preparation of a proposed legislation, whether principal or subsidiary.

It has to be noted that though the Black’s Law Dictionary defines the term ‘drafting’ as ‘the practice, technique, or skill involved in preparing legal documents (Bryan A Garner, Blacks Law Dictionary, Thompson West, US (Eight Edition) 2004, page 531),that dictionary, has no definition for legislative drafting. The term legislative drafting has been taken to be about composing proposed legislation.

1. N. Onwe, in Groundwork of Legislative Drafting ( SNAAP Press Limited, Enugu, 2009, Page 1, defines legislative drafting as: “The art of writing legislation, which includes subsidiary or secondary legislation; administrative orders, notices, rules, warrants and similar instruments’’.

Legislative drafting is both an art and a science. The legislative drafter, more like a design architect, has to sketch out a plan for the proposed legislation carefully, to enable a formidable structure that can stand in the legal environment. In addition to having the passion of a designer, to ensure a structural layout and formatting that is consistent with the typo graphic approach to drafting styles, the drafter should have a good working knowledge of the gamut of laws in the legal system. Good legislative drafting identifies the legal objectives of a proposed legislation and meets them fully.

This is achievable by expressing the necessary legal rights and obligations in an accurate clear manner, while ensuring that the draft complies with acceptable norms and relates harmoniously to the legal order.

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A lawyer, Olasupo Ojo, has initiated contempt proceedings against Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN) and other officers for their alleged refusal to vacate office, following a Federal High Court judgment which declared the NBA constitution illegal.

The court held that everything done on the basis of the constitution, including the last NBA election that produced the Mahmoud-led executive, was null and void.

Justice John Tsoho, in the judgment delivered on March 30, invalidated the constitution for its non-registration with the Corporate Affairs Commission (CAC).

Ojo sued the Registered Trustees of the NBA over the validity of the NBA constitution.

After the judgment, he wrote the Chief Justice of Nigeria (CJN), asking him to constitute  a caretaker committee to take over the administration and management of NBA’s affairs pending the election of new officers under a constitution recognised by law.

He filed Form 48 (Notice of Consequence of Disobedience to Order of Court) against all NBA officers.

It reads: “Take notice that unless you obey the directions contained in the orders and judgment of my Lord, Honourable Justice John Tsoho in the suit: FHC/ABJ/CS/545/2016 Olasupo Ojo vs the Registered Trustees of the NBA, which was delivered on the 30th of March 2017 and duly served on you, you will be guilty of contempt of court and be liable to be committed to prison.”

The Form 48 was issued to all the officers individually. They were described as “ousted” officers.

The court granted the plaintiff’s prayer for an order of perpetual injunction restraining NBA and its officers from conducting the association’s affairs on the basis of the constitution purportedly amended and adopted at the Annual General Meeting held in Abuja on  August 27, 2015.

NBA said Mahmoud and other officers were not parties to Ojo’s suit. The association urged its officers to “continue to discharge their responsibilities”.

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The African Bar Association (AFRBA) has appointed All Progressives Congress (APC) National Vice Chairman (Northwest), Mr. Inuwa AbdulKadir, as chairman of its Marketing and Contacts Committee for the yearly conference holding in Port Harcourt, Rivers State capital from August 6 to 10.

Its President Hannibal Uwaifo urged the committee to work hard to make the event successful.

The theme of conference is: Overcoming the legal challenges of doing business in Africa.

Immediate past Republic of Tanzania President Dr. Jakaya M. Kikwete will give the keynote address.

AdulKadir, a council member of AFBA, said: “The conference promises to be very interesting and rewarding like the 2016 edition in Harare, Zimbabwe and is expected to host about 2,500 lawyers, judicial officers, lawmakers, businessmen and women, captains of industry and other diverse interest groups from the continent and across other parts of the world

“The annual conference provides a unique opportunity to meet and network with diverse participants from all walks of life in Africa and across the globe and will focus on sectors relating to legal practice, cross boarder practice, immigration, cybercrime, economics, politics, governance, professional etiquette and the environment.

“There will be showcase sessions and the African Business Roundtable where eminent African Businessmen and Women will chart a veritable course for doing business in Africa the legal way.”

AbdulKadir said AFBA’s revival was good for the continent.

“I feel delighted that these things are happening after some years of slumber of the AFBA. I feel happy too that Nigeria is driving the process of resuscitating or reawakening the association, because Nigeria is answering its name as the leader of Africa in all spheres of human endeavour.

“The importance of having the AFBA cannot be over-emphasised as this there are a lot of efforts to integrate Africa in terms of social and economic challenges the continent is facing.

“Africa is the target of every investor in this world today and the African economy is very key and crucial to other economies in the world.

“Even the so called developed countries are looking at Africa. Because of the population, there is no doubt that the market is here. Whatever is happening elsewhere in the world, whether by or among the so called super powers or biggest economies, you can’t do away with Africa as a market, as a source of raw materials and a source of labour in some instances, so they really need Africa.

“So, what the focus of AFBA now is to assist African governments and nations on issues of how to do business in Africa, strengthen the legal framework, safeguard African interest and the interest of its people, and harness our potential,” AbdulKadir said.

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What skills do lawyers need to be effective advocates?

This was the subject of discussion at a training for lawyers organised by the Conference of Western Attorneys-General (CWAG), United States.

It was held in collaboration with the Nigerian Institute of Advanced Legal Studies (NIALS) and a law firm, Punuka Attorneys and Solicitors.

The theme was: Oral advocacy in Nigeria.

One of the facilitators, Chief Anthony Idigbe (SAN), who spoke on Presentation of evidence, said developing advocacy skills requires practice.

“In the end, examination of witnesses with the key aim of presenting relevant evidence is a mix of art and skill.

“Some of it can be acquired by experience and study but a great deal of the advocate’s success in examination of witnesses is an art endowed naturally in a gifted advocate,” he said.

According to Idigbe, advocates must pay attention to their questions and selection of witnesses.

They must answer three key questions in the affirmative to determine the admissibility of documentary evidence: “Is the document pleaded? Is it relevant to the inquiry being tried by the court? Is it admissible in law?”

The SAN said the regime of front-loading in Nigeria’s civil procedure rules makes the need to have a witness in court during trial a necessity.

“It, therefore, follows that the selection of witnesses is a matter for the tactical decision of advocates.

“Although criminal trials do not adopt front loading procedure, a good advocate must put his house in order ahead of trial to ensure victory,” Idigbe said.

Discussing cross examination, he said its purpose is to test the veracity of the witness, shake credit, discover position in life or discredit the witness.

“One way to manage the rule of cross-examination of a witness is to role play during pre-trial preparation. This way, a lot of cross examination questions can be anticipated.

“However, this is not a full proof solution as some adversarial advocates can be very smart. Cases, which would otherwise have been simple may become complex if the witness is not properly prepared for cross-examination,” he said.

Idigbe believes an advocate must ensure the witness is familiar with the issues in controversy and must be able to point to the documents on them.

“It is tactfully better to refrain from cross-examination than to do it badly. Cross examiners should have regard to the ways in which, sometimes, it is better to restrict cross-examination on points which can be better developed in a final written address,” Idigbe added.

Former Lagos Director of Public Prosecution (DPP) Mr Fola Arthur Worrey spoke on the topic: Cross examination – basic principles and techniques in criminal and civil trial.

To him, a counsel’s duty is to use his opportunity for cross-examination to change the court’s perception of the other side’s case.

To do so, the advocate, he said, would decide which type of cross examination best suits the facts he wishes to destroy or discredit, and the type of witness he is faced with.

“In deciding whether to cross-examine the opposing witness, counsel ought to ask himself certain questions: Has the witness testified to anything material against us? Has his testimony injured our side of the case?

“Has the witness made an impression with the judge to our detriment? Is it necessary for us to cross-examine at all? Is cross-examination likely to injure (or advance) our case further?” Worry said.

According to him, ineffective cross-examination carries several potentially damaging risks to the cross-examiner’s case.

Worrey said it could reinforce the testimony previously given to the witness, result in negative reaction by the judge; and could lead to the generation of sympathy for the witness if the cross-examiner is unable to break down his testimony in chief.

“Significantly, the scope and effectiveness of cross-examination (if decided upon) should be determined by the amount of damage suffered on direct examination, the ability to limit or reverse the damage, and the potential for favourable evidence being revealed to the judge,” Worrey added.

Deputy Chief, Criminal Division, Rhode Island Attorney-General’s Office, Scott Erickson, who spoke on Fundamentals of oral advocacy, urged prosecutors to make effective use of plea bargaining.

He said so many cases can be disposed of through plea bargaining in which suspects plead guilty to lesser offences and get shorter sentences.

By doing so, resources and time can be saved for the state, he said.

“Ninety-five per cent of our cases have been disposed through plea negotiations,” Erickson said.

The three-day training featured group presentations and panel discussions; certificates were presented to participants.

Other speakers were NIALS Director-General Prof Deji Adekunle, former Lagos Branch chairman of the Nigerian Bar Association (NBA), Alex Muoka; Supervising Deputy Attorney General, Land/Transportation Division, Hawaii, William J. Wynhoff, among others.

CWAG Alliance Partnership is a cooperative programme aimed at strengthening the legal systems of U.S., Mexico and many other countries.

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activist lawyer Mr Taiwo Akinlami has said it is the responsibility of adults to protect children.

Akinlami spoke on Child abuse, child trafficking and child rights at a seminar organised by the Human Rights Committee of the Nigerian Bar Association (NBA), Ikeja Branch.

The theme was: Protecting the rights of vulnerable citizens in our society.

Akinlami, a child rights activist, said ‘child vulnerability’ was due to ‘adult irresponsibility’.

According to him, a child can be abused physically, emotionally, sexually or through neglect.

“In 2006, a United Nations report titled: “Report on Violence Against Children 2006’’, states that abuse occurred in all countries but is more rampant in developing countries.

“The UN noted in the report that nearly all national and international laws created to protect the rights of children have flatly failed.

“Though the report did not state why the laws flatly failed but the cause is a lack of enforcement of these laws,’’ Akinlami said.

‘According to him, the number one enforcer of the law is the human conscience which is awaken by enlightenment and enlightenment will address issues in our culture.

“We focus a lot on physical discipline in Africa while neglecting to show discipline through example to the child,” he said.

Another speaker, Mrs Ifeyinwa Awagu, Acting Director, Institute of Humanities, Pan Atlantic University, addressed issues of gender equality in her speech titled: “Domestic violence and female rights’’.

Awagu said teaching children self-mastery would help curb sexual promiscuity.

“In Africa, we live communal lives; the lifestyle of individualism was gotten from the west.

“For sexual promiscuity to be curbed in children, especially the male ones, they need to teach our children self-mastery.

“If we don’t teach our children self-mastery, monogamy will become an issue and sexual abuse will be rife,” she said.

Earlier, in her welcome address, the Chairman of Human Rights Committee of the NBA, Mrs Caroline Ibharuneafe, spoke about the efforts the committee had made in protecting the rights of the vulnerable.

She said that the aims and objectives of the Human Right Committee of the NBA is to offer of free legal services to the indigent of our society.

“With the cooperation of the Deputy Comptroller of the Ikoyi Prisons, we have visited Ikoyi prisons, interviewed some of the inmates and presently offering free legal services to these indigent ones.

“This is so because there are sections in the society who by virtue of birth, status and occupation are naturally vulnerable to abuses by the privileged in the society,” she said.

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A special session has been held by the Lagos State High Court as part of activities to mark Lagos at 50. ADEBISI ONANUGA reports

JUDGES and other stakeholders converged on the high court premises at Igbosere to celebrate the judiciary’s successes as part of the activities marking Lagos at 50.

The special court session was held at court’s foyer.

Aside from the host and Chief Judge, Justice Olufunlayo Atilade and serving judges, others who attended included some former Chief Judges – Justices Samuel Ilori, Augustine Ade-Alabi and Ayotunde Phillips

The state is the oldest judiciary in the country. Its existence, according to Justice Atilade, dates back to the cession of the British Government when it was known as Colony Province Judiciary.

Justice Atilade said the Magistrates’ court was the first to be established. The High Courts, she said, was formally known as the Supreme Court, with its jurisdiction limited to Lagos.

She said on attainment of self-government,  the Federal Territory of Lagos inherited the two court systems – the Magistrates’ and the Supreme Court.

“At the creation of the Federal Supreme Court, the Lagos Supreme Court became High Court of the Federal Territory Lagos and Justice J.I.C. Taylor (John Idowu Conrad Taylor) became Chief Justice of the court on July 22, 1964. But today, the title of that office is Chief Judge of Lagos state’, she stated.

The chief judge also recalled that the Igbosere High Court building was the headquarters of the court and is the oldest and recognisable judicial building in Nigeria.

She said the Lagos judiciary, being the foremost judiciary in the country, is renowned for excellence and numerous pace setting achievements. Justice Atilade said the state judiciary is fully aware of their constitutional role as the third arm of government.

She pointed out that their  commitment to dispense justice as an independent and unbiased arbiter has been reinforced by their resolve to ensure justice to all who approach the temple of justice.

She said the outstanding performance of the state judiciary have over the years have been compelled by their desire for excellence.

She said this explained why the state judiciary has produced jurists of immense qualities most of whom are still serving the nation. The state judiciary, she further stated is the most vibrant  and the largest in the federation with 57 judges, 138 magistrates adding that the size is a reflection of the high volume of cases in the jurisdiction.

Atilade promised that the judiciary would continue to invest in human resources to improve service delivery and statutory duties.

Governor Akinwunmi Ambode commended the judges and magistrates in the state for building public confidence in the judiciary.

The governor, who was represented by the Secretary to the State government, Mr Tunji Bello, said he was “particularly happy with the quality of their judgments which most superior courts have upheld’’.

“­On behalf of the good people of Lagos State, I say well done and more power to your elbow,’’ he said.

Ambode said his administration would continue to support the state judiciary with necessary materials to ensure its efficiency and effectiveness.

He however noted that the journey in the last 50 years has not been rosy for the judiciary.

He said notwithstanding the achievements of the judiciary, more still needed to be done in view of the fact that Lagos, as the commercial nerve centre of West Africa presently cater for about 20 million people which continued to grow by the day.

He said: “This means more work for the state government in the area of security, infrastructure, social welfare and for the judiciary, more and more litigation which would require the quickest dispensing of justice, more especially as it affects investor’s within the state, to continue to encourage them to invest in the Lagos dream and project “.

Justice Ilori, who spoke briefly on the topic “Down memory lane”, recalled an event which captured how judges were revered and feared in the past, said no judiciary in Nigeria has a glowing edifice like the Igbosere High Court building. He thanked successive chief judges for keeping the building in good shape.

Justice Ilori recalled that the state had always produced quality lawyers and that this had reflected in the quality of judges on the bench. His memory of the past as a practising lawyer elicited laughter from  the foyer.

He said judges during his days were revered and feared. He recalled  an incident which he used to buttress this position.

He said two men were about entering  Igbosere High Court when they saw a judge coming. He said of one them quickly told the other to remove his cap. He  asked why he should do so. He said the first now said, better remove it, you can’t wear your cap in front of a judge. You don’t know those judges, they can see through the walls and before you know it, you are in trouble. He said the man became so terrified of the judge that he quickly removed his cap.

On the nature of the judges, Ilori said: “I think all the judges that have served and presently serving  in the Lagos judiciary were specially made for Lagos. They don’t dance, they don’t attend parties, they don’t visit friends. We need the courts to come back same way. Judges must know that the judiciary is embedded in their personality. This is why judges must not do anything that would tarnish that position. I pray God to uphold them in the delicate job they are doing”.

He said the High Court, Ikeja was like a court in a foreign land and that lawyers who were not well-prepared dared not  go there. He said  Iya Oniyan’s bukateria was where the practising lawyers would gather at the end of various court session to analyse proceedings and the judges.

“We know judges who know their onions, we know those to fear and the no nonsense ones. We know Lagos judiciary not only by the quality of lawyers but also by the quality of judges”.

Pa Tunji Gomez, a member of the Body of Benchers, who spoke on behalf of the bar, commended the judges for their impartiality, boldness and courage.

Mr Ebun Sofunde, who spoke for the Senior Advocates of Nigeria (SANs), praiseed the first Chief Judge of Lagos, Justice Taylor, who he said, sat punctually at 9.00 a.m. He said Justice Taylor founded the Lagos judiciary on the rule of law. To buttress this, he recalled an incident when he handled a case of some robbers brought before him in shackles. He ordered the shackles removed.

Sofunde urged judges and lawyers to stand up and emphasise those traits that Justice Taylor stood for as the foundation for Lagos judiciary.

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Chief of Army Staff (COAS) Lt.-Gen. Tukur Buratai’s alarm that some soldiers were hobnobbing with politicians caused quite a stir. The army chief must have heard something to have spoken the way he did, some analysts reasoned.Was there a coup in the offing? they wondered, as they analysed Buratai’s statement, which has generated heat in the polity. ADEBISI ONANUGA reports.

THE Chief of Army Staff (COAS) Lt.-Gen Tukur Buratai’s statement was loaded. Even though it was brief and concise, the message was clear: some officers and soldiers are involved in political adventure. In a statement by Director of Army Public Relations (DAPR), Brig.-Gen Sani Usman, the army chief warned that there was no room for adventurous soldiers in the military.

“The Nigerian Army is a thorough professional, disciplined, loyal and apolitical institution that has clear constitutional roles and responsibilities… Any officer or soldier of the Nigerian Army found to be hobnobbing with such elements or engaging in unprofessional conduct, such as politicking, would have himself or herself to blame,” the army chief said.

The warning is believed to have emanated from an intelligence report that some politicians who were not comfortable with President Muhammdu Buhari’s state of health, were making surreptitious moves to infiltrate.

To some observers, the alarm is pre-emptive. Pointing to recent postings in the army, they said the re-assignment of some officers and placing of some politicians under surveillance were aimed at disorganising the plotters.

Is the warning by the COAS enough to deter the military and their politician-collaborators? How should the government ensure that democracy is not truncated?

To lawyers, Buratai’s warning should not be treated lightly.

Name the adventurers

Some constitutional lawyers and human rights activists, including Chief Mike Ozekhome (SAN), Mr George Oguntade (SAN), Mr Wahab Shittu, Ike Ofuokwu and a former member of Ogun State Judiciary Commission, Mr Abayomi Omoyinmi, believe the matter should not be glossed over by the government.

Ozekhome said the development was worrisome, disturbing and should be resisted.

“It is not only the floundering All Progressives Congress (APC) that should condemn and resist such an ignoble misadventure as alleged, but the entire Nigerian citizenry should rise up and defend our hard-earned democracy by resisting any intrusive military  khakitocracy,” he said.

According to him, the worst form of democracy is better than and preferable to the most benevolent military dictatorship.

He pointed out that recent revelations of “haemorrhaging pilfering, crass, barbaric and primitive acquisition of our national wealth and common patrimony, have shown the military to be even worse and more satanically luciferous than our thieving political kleptomaniacs”.

To Ozekhome, the military has proven itself to be “a horrifically sad amalgam and complete negative approximation of the entire 1999 constitutional three arms of government joined together”.

He believes there can hardly be any smoke without fire, adding that the military does not wait to be invited.

“They watch the inclement season of anomie, the debilitating political and socio-economic environment of the particular time, the pervasive disillusionment, the haplessness and total hopelessness of the suffering hoi polloi, the smoldering flames of divisiveness and schism deliberately engendered and engineered by politicians in the polity, before striking,” Ozekhome said.

He called for a thorough investigation of what he described as an “alarming scenario”, saying there was need for  a “proactive smoking out of all possible culprits”.

“The panacea remains that politicians who find themselves in government must deliver to Nigerians the positive change and democracy dividends they were promised. After all, the maxim is pacta sunt servanda (agreements must be respected),” he said.

Oguntade, who also described the development as disturbing, said it raised the issue of national security, adding that the COAS must share some of the blame.

“This is because they are the one that deploy soldiers to politicians for all manner of reasons. How, then, can you complain that those you have voluntarily deployed to these politicians are now being ‘approached’ by the same politicians?,” he queried.

According to Oguntade, those found culpable should be sanctioned.

“If specific cases have been identified, then I think it will be a good idea to investigate this further to determine the reasons and objectives of the “approach” and where it is determined that this constitutes a criminal offence, appropriate action should be taken,” he said.

Shittu said the alarm raised by the COAS is  patriotic.

He said it would sensitise all, particularly the security agencies, on the need to be on red alert.

“Beyond the warning, however, the COAS must  furnish particulars confidentially on the grounds for his suspicions,” he said.

Shittu suggested that interrogation of suspects must commence immediately.

To him, anyone trying to derail democracy is an enemy of the people who should be fished out and dealt with as such.

“The only caveat is that due process and the rule of law must never be compromised. It should also not be exploited as basis for witch-hunt.

“The worst form of civilian regime is still better than the most benevolent military regime,” he said.

Omoyinmi said the statement credited to the COAS was unsettling and warned that it should not be treated with kids gloves.

“It behoves every right-thinking Nigerian to ensure by words or actions that nothing inauspicious happens to our democracy in the light of the revelation coming from the COAS.

“Military intervention in democracy is no more fashionable. The government has intervened in series of military takeover and attempted military take-over in the sub-West Africa region during the 18 years of our democratic dispensation.

“Anyone who tries or attempts to topple and or truncate our democracy via any military take-over should be ready to face the consequences from the people of Nigeria,” he said.

Omoyinmi said the officers as well as their politicians or civilians should be singled out without delay.

“A thorough investigation should be carried out by a very highly special compartment to be set up by the authorities,” he said.

Ofuokwu said it was not enough for the COAS to warn his men to desist from hobnobbing with politicians and the allegation swept under the carpet.

“It will be the height of political insanity and insensitivity for the political class to repeat the mistakes that brought to an abrupt end the Second Republic in December 1983.

“The military in itself, I believe, has enough capacity and intelligence apparatus to look inward and X-ray itself,” he said.

Ofuokwu called for discreet investigation to uncover the reasons for “this unholy alliance so as to nip it in the bud if it is inimical to our national security or if it will result in a breach to our democratic dispensation”.

Nigerian Bar Association (NBA) Second Vice President Monday Ubani said it was very disturbing that when we thought that we were growing our democracy to an acceptable international standard,the country was being inundated with rumours of the military’s desire to truncate our hard-earned democracy.

“The threat is not pleasant at all to the ears of any sane adult who is aware of the role the military has played in our national life from 1960 till date.

“The strangulating federal structure we are gasping our breadth to free ourselves from was imposed by the military with the barrel of gun. To contemplate military incursion into our national life at this juncture is appalling, condemnable and unacceptable.”

He said the warning of the Chief of Army Staff was timely, and unassailable. He said it would be pleasant to hear that those who were contemplating such a heinous crime were rounded up and prosecuted to serve as a deterrent to others.

“We must all try to ensure that we protect this democracy with the last strength in us all. We should use the crop of those contemplating coup  to set example that  coup is no longer fashionable and tolerable in our country. I am satisfied that all the ethnic groups in the country have spoken vehemently against the news that such thing is being contemplated,” he said.

Ubani said the news should not be dismissed with a wave of hand by the authorities, noting that almost all the successful coups in the country started with a rumour like this and when not nipped in bud, the plotters were strengthened by the negligence of those in power and carried out their devastating enterprise.

‘’This time around, everyone concerned with the survival of this great nation should cry out, warn, advise, point out the suicidal mission these people would be engaging in plunging this nation into chaos and anarchy through any coup.

He asked: “What cogent and plausible reason would they advance for any coup at this time in our national life? What is more troubling is the revelation that the civilians are actually the ones approaching the military officers to persuade them to truncate our democracy. We must resist them through warning, prosecution and punishment.

“Agreed that our democracy is not performing to full expectation, it is still better than the most benevolent military dictatorship in Nigeria. We have had enough of them. Let us continue to make our mistakes and correct them under this dispensation, I believe that very soon a new crop of leadership will emerge in Nigeria that will direct our path of progress appropriately. That time is almost near, let the military maintain their peace and concentrate on their constitutional duty of protecting the territorial integrity of the country.”

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Acting President Prof Yemi Osinbajo (SAN) is expected to declare open a two-day International Institute for Petroleum, Energy Law and Policy (IIPELP) workshop scheduled for Abuja on June 19 and 20.

The event, organised in collabo-ration with National Judicial Institute (NJI) third annual Judges’ Workshop on Petroleum, Gas and Power Sectors, will be chaired by Chief Justice of Nigeria (CJN) Justice Walter Nkanu Onnoghen.

The theme is Law and the changing face of petroleum, gas and power sectors inNigeria.

It will hold at Andrews Otutu Obaseki Auditorium, NJI, from 10am,  IIPELP founder/president Prof Niyi Ayoola- Daniels stated this during a courtesy visit on Attorney-General of the Federation (AGF) and Minister of Justice Abubakar Malami (SAN) by IIPELP advisory board members.

Malami, according to Ayoola- Daniels, confirmed his attendance and will also deliver a speech at the workshop.

Also at the weekend NJI’s management board led by its administrator Justice Roseline Bozimo visited IIPELP and “paid huge encomiums” on Ayoola-Daniels and his team for “the great vision of organising the workshop”.

Ayoola-Daniels said the workshop would “equip judicial  officers and judges with appropriate legal, fiscal, and regulatory skills”.

Apart from the Minister of State for Petroleum Dr Emmanuel Ibe Kachikwu, who will deliver Osinbajo’s speech, other expected guests include Senate President Dr. Bukola Saraki, Speaker House of Representatives Rt Hon. Yakubu Dogara, Former CJN Justice Alfa Modibbo Belgore, who is IIPELP’s Advisory Board chairman, Minister of Power, Works and Housing Babatunde Raji Fashola (SAN).

Others are the CBN Governor Godwin Emefiele, Director-General NIMASA Dr. Dakuku Peterside, Executive Secretary/CEO Nigerian Shippers Council (NSC), Mr Hassan Bello, MD/CEO NPA Hadiza Bala Usman and Executive Chairman, FIRS Babatunde Fowler.

Prof Barth Nnaji, Dr Timothy Okon, Dr David Ige, Prof. Ibironke Odumosu-Ayamu, Prof Omowunmi Iledare, Ernest Nwapa and Immediate Past National Publicity Secretary of NBA Gbolahan Gbadamosi are also expected.

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The Incorporated Trustees of Word of Life Bible Church has asked a Lagos High Court to restrain the state government from dispossessing it of its land on Victoria Island.

In a suit marked LD/3040/14 before Justice Christopher Balogun, the church is claiming that it is the owner of Block 1, Plot 21E, Victoria Island Annex Residential Scheme in Eti Osa Local Government Area.

Joined as defendants are Lagos State Governor, Attorney-General, Ministry of Physical Planning and Urban Development, Lagos State Building Control Agency, Physical Planning Permit Authority and Task Force on Environmental Sanitation.

In a March 16, 2015 Statement of Claim, the claimant, through its lawyer, Kayode Bankole, averred that it acquired the property in 2003 with Certificate of Occupancy No. 68/68.199AR from Habib Nigeria Bank Ltd.

It said it secured “an approval for change of use of the land from residential to institutional (place of worship)” via a September 7, 2004 letter and that its application for a building plan approval was “received, processed and assessed for payment of various sums of money which the claimant paid.

“The claimant applied for and secured land clearance from the defendants, by which the claimant was confirmed as the assignee of the land.”

The defendants, the claimant said, demanded and received a total of N4,590,132.99 as Land Use Charge and other payments so as to allow it “continue with its church building, when suddenly the defendant posted a contravention notice, dated January 2014 on its fence, alleging absence of development permit as ground of seeking removal of the building on the land within two days.”

The defendant allegedly posted another two-day notice on January 21 and “demolished part of the fence without any lawful justification and in bad faith.”

It said the defendants, by two letters of July 27, 2010 and June 25, 2011 admitted it “the loss of all documents submitted by the claimant and demanded another set of documents and fees, which the claimant obliged.”

It is seeking, among others, a declaration that the defendants acts on or about January 21, 2014, amounted to trespass, was illegal, unconstitutional and contrary to Section 43 of the 1999 Constitution.

A declaration that defendants negligently lost its documents and an order compelling them to refund the sum of N3,057,056.36 “unjustly demanded and received” twice for building permit processing.

It also wants a declaration that “the sealing of the claimant’s property since April 2014 by the fourth defendant is wrong, illegal and unlawful and an order directing it to unseal the property.

At the last mention of the suit on May 25, the defendants were yet to file their defence.  Justice Balogun adjourned till July 6.

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•Matter has been settled, claims Elete family

The Iba community has urged Lagos State Governor Akinwunmi Ambode to ensure compliance with a Supreme Court judgment on the ownership of its land at Ilemba Awori and Ilemba Hausa communities in Ojo town.

The Oniba of Iba, Oba Yushau Goriola Oseni, and the Oniba Chieftaincy family, accused the Elete family of trespass.

But the Eletes denied the allegation, saying the matter has been settled.

Elete is a neighbouring riverine community to Iba.

In an April 18 petition to Lagos State government through their counsel Adetunji Orisalade, they urged government not allow the conversion of their land by the Elete family.

The Lagos State Ministry for Local Government and Chieftaincy Affairs was a defendant in the suit, which was decided in Oniba’s favour by the Supreme Court in 1984.

Orisalade said Iba town received the information that government had granted Elete family an approval for the installation of Elete as an Oba.

The petitioners said the communities traditionally belong to the Oniba of Iba in which he has always installed a traditional ruler (bale) in pursuance of the Oniba’s family ownership right over it.

Orisalade said the Elete family once sued the Oniba of Iba over communities’ ownership, but that the case was stuck out at the Supreme Court in February 27, 1984.

The petition reads in part:”That a family adjudged not to own Ilemba Awori and Ilemba Hausa by the highest court of the land cannot be granted same or made a chief or Oba over same by any executive fiat.

“It is instructive to note also that by virtue of the said judgment supra, the issue of the ownership of Ilemba Awori community and right over the chieftaincy threat have been permanently sealed and same found to reside in our clients

“It is equally instructive to note that by virtue of the said judgment, the legally sanctioned authority to create chieftaincies within Ilemba Awori and rule over same is the Oniba of Iba.

“However, it is sad that in spite of their active participation in the above cases which were even instituted by them, and the knowledge of the verdicts therein, the Elete family have been indulging in some unwholesome and unlawful act with a view to forcefully take over as one of the communities under the Elete family and rule their riverine communities therefrom.

“This is untenable in law, clearly wrong and most unacceptable to our client who shall equally and forcefully resist same.”

Orisalade said while the Oniba of Iba is not opposed to the creation of a monarch for Elete, it should restrict its reach to their traditional riverine areas and not encroach on the disputed communities.

But, the Elete of Ete Kingdom, Oba Nafiu Daoda Oduowo Iya, declined to comment on the Supreme Court judgment. He absolved himself and his subjects of any wrongdoing.

One of the monarch’s aides, Abdulahi Adeyinka, who spoke to The Nation at his palace in Ajangbadi, said the monarch of Iba had settled the matter with the police.

“This same petition was taken to Police Command at Area K Police along Lagos/Badagry expressway, where the Assistant Area Commander of the place invited the both of us.

“Police said they could not intervene on matters bordering on boundary adjustment, more so when the two parties are within the same Iba Local Government Area

“The police has, therefore, advised that both parties should write to the Lagos State Ministry of Survey which is capable of producing boundary adjustment for both parties,” he said.

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Junior lawyers have expressed divergent views about registration fees for the Nigerian Bar Association (NBA)’s Annual General Conference (AGC), Lagos 2017.

Some have called for the fee to be reduced, while others said it was reasonable.

The NBA National Executive Council (NEC), at a meeting, which ended last Thursday in Lokoja, Kogi State, approved separate fees for different categories of participants.

Lawyers not above five years post call are to pay N20,000 as regular registration fee or N40,000 and N80,000 for those who register late or at the venue.

Fees for other levels of participants vary between N30,000 for six years’ post call lawyers and N500,000 for SANs, Attorneys-General and Benchers.

Participants will also get computer tablets said to be valued at N250,000, among others.

But some young lawyers started an online petition last Friday, demanding that the fees be reverted to what they paid for last year’s event in Port Harcourt, Rivers State.

The petition, hosted on www.ipetitions.com with a target of 1,000 supporters, had garnered 275 signatures by Sunday evening.

The petitioners said the fees were not affordable because “most young lawyers are paid little or paltry salaries”.

Those from outside Lagos, they said, would be unable to bear the “high cost of transportation and living” in the city.

They also stated that the tablet should be made optional as “it is not the most pressing needs of young lawyers.”

Paulson Michael, who signed the petition, said: “How much is the average young lawyer earning? It is peanuts.” He urged the NBA to “think outside the box to protect our interest as young lawyers”.

Yakubu Galadima said: “I thought the executives will consider the recession and perhaps reduce it to what we paid at the last AGC.”

Another signee, Stanislaus Nwadike, said: “I passionately urge the leadership of the NBA to reverse the Conference fee for the NBA for 2017 in the interest of fairness and greater attendance and participation.”

But others said the benefits of the conference far outweigh the fees.

One of them, who spoke to The Nation on condition of anonymity, said the fees were reasonable because the tablet would “be loaded” with conference materials and an e-library of law reports free for one year.

He said: “Everyone will get free breakfast and lunch while the conference will also probably be televised live on satellite TV. I know that times are hard for us young lawyers, especially those who will come in from outside Lagos, but I think it’s worth sacrificing for.”

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Constitutional lawyer and activist Chief Mike Ozekhome (SAN) argues that executing condemned criminals is legal in Nigeria.

When the apex court speaks, lower courts, especially the Lagos State Court, must blow muted trumpets and surrender to superior authority. This is not because the apex court is infallible. No. it is because it is the final court.

Indeed, the apex court once beat its chest imperiously in the case of Adegoke Motor Ltd Vs. Adesanya (1998) 13 NWLR (pt. 109) 250, 274 – 275, in the following flowery prose: “We are final not because we are infallible, rather we are infallible because we are final. Justices of this court are human beings capable of erring. It will be short sighted arrogance not to accept this obvious truth.”

Antiquated modes of execution

Other forms of capital punishment which have since become obsolete and hardly used in modern times, include: crucifixion (Lord, thank you for paying the supreme price for my sins); suffocation, smothering, starvation, poisoning, falling, Gibbeting (death inside a cage); poena cullei (Roman empire, when a prisoner was stuffed into a sack with animals and thrown into water); dismemberment, disembowelment (sepukka – hara-kiri); decapitation, cooking, crushing, burying alive, burning, boiling to death; blowing from the mouth of a canon, tearing apart by animals, back –breaking, crushing or devouring by animals, etc.

Are hanging or firing squad

‘inhuman and degrading

treatment’?

In Nigeria, the death penalty is legal and constitutional. This has been so since the 1960 Independence Constitution and 1963 Republican Constitutions. Section 33 of the 1999 Constitution legalises it as follows:

“(1) Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence at which he has been found guilty in …”

Consequently, the death penalty is legalised, if: (a) it is in execution of a sentence of court; (b) for the defence of any person from unlawful violence, or for the defence of property; (c) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; and (d) for the suppression of a riot, insurrection or mutiny.

In Onuoha Kalu V. State (1998), 13 NWLR (part 583) 531, the apex court considered the appellant’s argument that not only was the sentence of death passed on him under section 319(1) of the Criminal Code of Lagos State inconsistent with section 30 subsection (1) of the 1979 Constitution, (ipssisima verbis section 33(1) 1999 Constitution), but was also inconsistent with the provisions of section 31subsection (1)(a), which states: “31 – (1), Every individual is entitled to respect for the dignity of his person, and accordingly –  (a) No person shall be subjected to torture or to inhuman or degrading treatment”

The Supreme Court rejected this argument thus: “The question is: can the passing of a sentence of death recognised by the Constitution in section 30 subsection (1) thereof be equated to torture and degrading treatment? The contention of the appellant is that a sentence of death is degrading and inhuman and therefore it is inconsistent with the provisions of Section 31 subsection (1) (a) of the Constitution, In his effort to substantiate the contention, learned counsel for the appellant cited a number of cases decided in other jurisdictions of the world. Useful as those decisions might be passive authorities, with respect, I do not find them applicable to the present case.’’

The position is Nigeria is very clear. Death sentence is a reality. It is provided for by our criminal laws including section 319 subsection (1) of the Criminal Code of Lagos State. Our Constitution also recognises the death sentence – see in particular sections 31, 213(1)(c) and 220(1)(e) thereof. Therefore, the sentence of death in itself cannot be degrading and inhuman as envisaged by section 31 subsection (1)(a).

There is nothing in the Constitution of the Federal Republic of Nigeria, 1979 that renders the death penalty under section 319(1) of the Criminal Code of Lagos State unconstitutional. On the contrary, there are sections of the Constitution, such as sections 30(1), 213(2)(d) and 220(1)(e) which in no mistake terms recognize the death penalty”

In Joshua Vs. State (2009) All EWLP (pt. 975) 1020 (CA), the Court of Appeal, relied on Kalu Vs. State (supra) and held that though abolished in other jurisdictions, the Constitution of Nigeria still recognizes the death penalty. In GABRIEL VS. STATE (2010 6 NWLR (pt. 1190), the intermediate court rejected foreign decisions and held that the death penalty is constitutional in Nigeria; just as the apex court did in AMOSHIMA VS. STATE (2011) All FWLR (part 597) 601 (SC), where it held that the death sentence is not unconstitutional and did not derogate from the hallowed doctrine of separation of powers.

Do death row inmates have rights?

Yes. The legality of the death penalty should not be confused with the illegality exhibited in the infamous case of Aliu Bello Vs A- General, Oyo State (1986) 5 NWLR (part 45) 828, where one Nosiru Bello who had been convicted of armed robbery by the High Court of Oyo State and was sentenced to death, had filed an appeal against this conviction. Surprisingly, while his appeal was still pending before the Court of Appeal, the A-G of Oyo State recommended his execution.  He was promptly executed. The execution was declared illegal by the trial court and this was upheld by the Court of Appeal, and the Supreme Court. The apex court also held that the premature execution constituted a blatant infringement of the deceased’s fundamental right to life. Thus, a person condemned to death is still entitled to his fundamental rights pending his execution.

In Nemi V. Attorney-General Of Lagos State (1996) 6 NWLR 42 at 55, the Court of Appeal held that “a convict on death row is entitled to challenge torture, inhuman or degrading treatment arising from a prolonged delay in executing him”. In Ogugu V. The State (1994) 9 NWLR (pt. 366) 1 at 47, the Supreme Court dilated that, “the executive and judicial authorities must accept responsibility of ensuring that execution follows as swiftly as practicable after sentence, allowing reasonable time to appeal and consideration or reprieve”.

A similar decision was arrived at in Dominic VS. AIG (2008) All FWLR (pt. 420) 775. This point was also emphasized by Belgore, JSC (as he then was), in Onouha Kalu VS. STATE (supra).

“At any rate, if after death sentence has been passed and the accused is in prison custody, if anything arises outside the normal custody that amounts to “torture or inhuman or degrading treatment”, that will be cause of action under fundamental rights but not militating against the sentence of death. In such a case the death sentence stands.

“Inhuman and degrading treatment” outside the inevitable confinement in death row will not make illegal the death sentence, rather it only gives ground for an enforcement right under the Constitution.”

This case puts to rest a decision such as the Ugandan case of Kigula & Ors. V. The Attorney-General (2015) AHRLR 197 (up cc 2005) page 197 at 221, where the Ugandan Supreme Court ordered the state to commute death sentences passed on the appellants to life imprisonment on the ground that “the inordinate delay in carrying the death sentence after it had been confirmed by the highest appellate court was inconsistent with article 24 and 44(1) of the Constitution”. This decision is absolutely not binding on any Nigerian court. It can, at best, be of persuasion.

However, in SOERING V. UK (1989) 11 EHRR, 439, the European Court held that the death penalty did not breach Article 2 of the European Convention, (equivalent of section 33 1999 Constitution); but that it violated Article 3 (inhuman and degrading treatment), because of the exposure of the victim on the death row to unacceptable level of stress and anxiety while awaiting his sentence and subsequent appeals; and especially considering the convict’s age and mental stability.

What next?

I wish Rev King well. I appeal to the Lagos State Government to commute his death sentence to life imprisonment, strictly on compassionate ground only. But, most people who argue for Rev King and others, are merely swayed by sheer sentiments and emotion, not law and justice. They easily forget that innocent lives were prematurely exterminated. The real victims remain forgotten in cold, deserted lonely graves, without anyone thinking of restitution for them and their bereaved families and friends. Only the survival of the convict becomes increasingly prioritised. Where is the justice or restitution for the humanity, dignity and memory of the deceased, who were gruesomely murdered? What has happened to our sense of justice and fairness? Said Socratic Justice Oputa, in Josiah V. State (1995) 1 NWLR (pt. 1) 125:

Justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even only a two – way traffic. It is really a three-way traffic – justice for the appellant, accused of a heinous crime of murder; justice for the victim, the murdered man, the deceased, whose blood is crying out to heaven for vengeance and finally, justice for the society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of.

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Plateau State Governor Simon Lalong has vowed to engage the youth in policy formulation and legislation in line with United Nations requirements.

Speaking at the inauguration of elected executive committee of the Plateau Youth Council, the governor urged the youth to contribute to the state’s development.

The Commission for Social Development of the United Nations, Lalong said, had outlined different initiatives based on input from member states for mainstreaming youth participation into policy and legislative formulation.

“ These practices will guarantee robust and consistent cross sectoral efforts that will make for the right focus on gender equality and empowerment for the girl-child and young women, marginalised groups and make for inclusive participation on all programme of Action for the Youth.

“Our several interventions and the various programmes of actions and structure as put in place, have shown that we are well on course,” he said.

Lalong said his administration established the Micro Finance and Small, Medium Enterprises Agency (PLASMEDAN) to promote  financial literacy, entrepreneurship, vocational and skills acquisition, youth and women empowerment programmes.

“Already through this agency we have provided training to over 3,000 youths and women in the state. Out of this, 48 people are living with disability.

“I have also flagged off phase two  of the programme for which 200 participants are to be drawn from each local government area across the 17 local government areas.

“A total of 3,400 participants will be receiving training in different entrepreneurship areas, and would be supported at the end of the skills acquisition with start-ups.

“The PYC will need to in her areas of needs  assessment, liaise with the various Local Government Social Welfare Departments for the various youth to be captured.

“Worthy of mention is the fact that in order to guarantee access to a revolving low interest facility for business start-up funds, we have almost completed documentation with the Bank of Industry to access N2billion fund.

“As we access this fund for which we have also captured our counterpart contribution in the budget, it will also open access to funds for the development of our creative and entertainment industry on the Plateau, which in itself is an employment provider.

”Our three E-Dimensional Approach of Empowerment, Employment and Engagement of Talents, will see us exploring and expanding on the viability of the Agricultural Value Chains, to provide employment and economic empowerment to our teeming youth while also guaranteeing food security.

“The opportunities in integrated animal farming, the agricultural process and packaging industries, crop and vegetable production should be areas of interest for our youth,” Lalong said.

The governor urged the youth to work hard as there is no short cut to success.

“The road to success is passed to a desired destination only through hard work, determination and the wise application of knowledge. Experience, Education and Exposure must combine to bring you to a desired end,” he said.

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A Senior Advocate of Nigeria (SAN), Mr. Olabode Olanipekun, has said lawyers risk becoming redundant if they do not embrace advancements in information and communication technology (ICT).

Olanipekun spoke  on the topic: “The indispensable young professional,”at the Nigerian Bar Association (NBA), Lagos Branch Annual Law Week in Lagos. The theme of the lecture was “Building and sustaining a vibrant law practice: Prospects and challenges”.

He noted that contemporary legal profession is driven by technology and innovation. Quoting from the works of Alvin Toffler, he said: “To survive, to avert what we have  termed future shock, the individual must become infinitely more adaptable and capable than ever before.

“He must search out totally new ways to anchor himself, for all the old roots – religion, nation, community, family, or profession – are now shaking under the impact of the hurricane with its accelerative thrust.”

He noted that several artificial intelligence software have been designed to help lawyers in their practice, including those that engage in legal reasoning and emulate the decision-making process of humans.

Olanipekun, who recalled that Brian Solis had termed this age of digital transformation as “Digital Darwinism”, also observed: “in minimizing costs and maximizing efficiency for instance, lawyers and law firms around the world are doing well to tap into the expansive resource of social media, adopt virtual work places and enhance the use of online platforms”.

According to Olanipekun, with the advent of technology, clients have become more discerning and impatient, adding that “the average 21st Century client is not willing to wait for many things. “This is clearly why Arbitration and other forms of Alternative Dispute Resolution have come to the fore in extant times. Clients now want documents critiqued, opinions rendered or contracts prepared in record time, yet, same must be accurate,”he said.

Olanipekun noted that age is no barrier to attainment in law, “neither is your pedigree and background”.

“While becoming a silk might be ‘1000 miles away,’ it actually begins with the first minutes of meetings or court proceedings taken, the first motion prepared, the first client interviewed, the first brief written, the first application moved, the first deal closed for a client, the first trial handled and the first victory or loss suffered,” he said.

The Law Week attracted the cream of the legal profession, including renowned corporate lawyer and boardroom  guru, Mr. Gbenga Oyebode.

Fuji music exponent, King Wasiu Ayinde Marshal (KWAM 1) performed at the black-tie dinner in honour of the retiring Chief Judge of Lagos State, Justice Olufunmilayo Atilade.

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