NBA rejects external financial control by CBN & EFCC

THE Nigerian Bar Association (NBA) will not submit to financial scrutiny by any external body, including the Central Bank of Nigeria (CBN) and the Economic and Financial Crimes Commission (EFCC), as proposed by the Federal Government. The proposal was meant to regulate the financial transactions of lawyers, but to give teeth to its stand, the NBA said it has filed a suit challenging the new provision, which now requires all lawyers to report all financial transactions beyond $1,000 to the government as a way of fighting terrorism and money laundering.

Though the body said it is willing to fight terrorism and money laundering, it contended that such effort should not compromise the independence of the Bar. Speaking at their just concluded 53rd Annual General Conference, which held in Calabar, Cross River State, NBA President, Oke Wali (SAN), said the association went to court because, while it does not support money laundering, lawyers would not be blackmailed into submitting to external control. He insisted: “We will not succumb to being regulated from the outside.”

By the policy, every lawyer is expected to report transactions above $1, 000 to the Special Control Unit Against Money Laundering (SCUML) at the EFCC, in line with the Money Laundering Prohibition Act, 2011 and Terrorism Prevention Act, 2011. Section 5 of the Anti-Money Laundering Law states that if a lawyer defaults in reporting his or her financial transactions, the CBN governor is mandated to withdraw his or her license.

“The law is saying what we as lawyers cannot accept,” Wali added. “I cannot understand how the CBN governor will withdraw my license from outside the Bar. It is even also in conflict with our laws on solicitor-client relationship.”

Chile's judges apologise for their actions after coup

The body representing judges in Chile has made an unprecedented apology for the actions of its members under military rule in the 1970s and 1980s.

It a statement, it said that the judiciary at the time had abandoned its role as protector of basic rights.
"The time has come to ask for the forgiveness of victims... and of Chilean society," said the judges.
More than 3,000 people were killed under the dictatorship of General Augusto Pinochet between 1973 and 1990.

The statement by the National Association of Magistrates of the Judiciary comes a week before the 40th anniversary of the coup that brought General Pinochet to power. It said its members, and in particular the Supreme Court, had failed in its duty to protect victims of state abuse.

The magistrates' association acknowledged that the Chilean judiciary could and should have done much more to safeguard the rights of those persecuted by the dictatorship. It said the judges had ignored the plight of victims who had demanded their intervention.Chilean courts rejected about 5,000 cases seeking help on locating missing loved ones abducted or killed by the authorities.
Critics say their usual response was they had no information about their fate.

Chile's current centre-right government has said the country will officially recognise the anniversary of the coup. President Sebastian Pinera said last month that the coup on 11 September 1973 was "a historical fact" and its 40th anniversary should be a time of "reflection." The announcement came after the conservative senator and former president of the Independent Democratic Union, Hernan Larrain, apologised for his party's actions. "I ask for forgiveness," he said. "This is my voice for reconciliation."


culled from
http://www.bbc.co.uk/news/world-latin-america-23967816

Saudi Arabia Passes Domestic Abuse Ban For First Time

Saudi Arabia has passed legislation aimed at protecting women, children and domestic staff against domestic abuse, a human rights official said on Thursday. The protection from abuse law is the first of its kind in a country that has often been criticised for lacking legislation that protects women and domestic workers against abuse. The law, which was approved during a cabinet meeting on 26 August, came several months after a local charity launched a nationwide campaign to combat violence against women. Under the 17-article legislation, those found guilty of committing psychological or physical abuse could face prison sentences of up to one year and up to 50,000 riyals (£8,600) in fines.

"This is a good law that serves major segments of the society in the kingdom, including women,
children, domestic workers and non-domestic workers," said Khaled al-Fakher, secretary general of the National Society for Human Rights, a government-licensed body.

Previously, domestic violence against women, children or workers was treated under a general penal code based on sharia law. Judges were left to decide according to their understanding of sharia codes, which were seen as permitting mild violence against "disobedient" wives and generally treated domestic violence as a private matter. "We are always in favour of an explicit law that does not need interpretations or personal judgment," said Fakher, whose organisation helped draft the law.

Nigeria judicial system: Endless litigation as an albatross

It has been argued over the years that justice delayed is a clear denial, or better still, an attempt to pervert the whole system. Nigeria, as a nation, no doubt, has a fair share of this situation which watchers in the sector have described as very ugly. Investigations have revealed that instances of abandoned litigations across various levels of the Nigeria’s judicial system abound, due largely to the granting of unnecessary injunctions, the unprofessional conduct on the part of lawyers, judges, corrupt practices, and apparent lack of facilities.

Former Chief Justice of Nigeria, Justice Dahiru Musdapher was once quoted as saying that over 110,000 cases were pending before Federal and States High Courts in the country. This, no doubt, has brought to fore the slow pace that characterizes administration of justice in the country. The former Chief Justice, who said that although there were other notable challenges confronting the judicial system in the country among which is lack of necessary equipment in the Courts rooms, also noted that the development poses grave danger to the judicial system, stressing further that the inability to provide adequate facility has unnecessarily led to the serial granting of controversial adjournments.

In a related stance, a human rights activist and Chairman, Nigerian Bar Association (NBA), Ikeja branch, Mr. Monday Ubani posited that the snail speed that characterizes the administration of justice in the country has succeeded in entrenching corruption in the society, abuse of office, and sadly, prison congestion, a development that has turned the prisoners to monsters and ended up demonizing the society when they regain their freedom, while the unlucky ones died in a more dehumanizing and or tragic condition.

Rising to the challenge of human kidnapping scandal in Nigeria

The story of the abduction of human rights lawyer, Chief Mike Ozekhome (SAN), last Friday on the Benin-Auchi Expressway made the front page of major newspapers in the country. No doubt, his personality and popularity as a foremost human right lawyer and a Senior Advocate of Nigeria necessitated the importance accorded his kidnap story. However, the truth of the matter is that the Edo-born lawyer is not the first person to be taken hostage in the state lately. While little or nothing has been heard in terms of kidnap in the core oil-producing states of Rivers, Bayelsa and Delta, where kidnapping started in the country, there has been an upsurge in Edo State. In fact, Ozekhome’s name may not occupy at least the 10th position if a list of the people who have been abducted in the last eight weeks in Edo State is drawn.

The implication is that kidnapping-the taking away of a person against the person’s will, usually for ransom-which used to be an exclusive preserve of the militants in the creeks of the oil-producing states in the Niger Delta, has journeyed to many states of the federation to settle in Edo State, “Heartbeat of the Nation”. Kidnapping is now a big business in Nigeria and what is worrying is how underreported the scourge is; what one reads in the media are simply a very low percentage of the real case of abduction in Nigeria. A friend’s father in-law who is a retired public servant, over 70 years old, he came visiting the UK and simply refused to return to Nigeria. Here is a man who is not only comfortable back home but ALL is children are upper class professionals, he loves his country and he served his homeland, he deserves to rest in his old age and live in peace. He stated that not less than 9 of his friends have either been kidnapped, or have relatives kidnapped and the least ransom paid was N35 million. He even mentioned a case of ransom being paid trough a local Divisional Police Officer (DPO), who advised them not to involve the press.

Kudirat Abiola’s murder: Al-Mustapha, Shofolahan freed

The Lagos Division of the Court of Appeal, Friday, overruled the death sentence handed to Major Hamza Al-Mustapha and Alhaji Lateef Shofolahan on January 30, 2012, by Justice Mojisola Dada of the Lagos High Court in Igbosere.

According to the presiding judge, Justice Rita Pemu “the lower court stroked to secure a conviction by all means.” The appellate court therefore discharged and acquitted the duo of conspiracy and murder of Alhaja Kudirat Abiola, 45, who was shot in Lagos on June 4, 1996.

The three female appellate court justices that discharged and acquitted Al-Mustapha and Shofolahan are Justice Rita Pemu (presiding), Justice Amina Adamu Augie and Justice F. O. Akinbami. Justice Augie was drafted into the panel following the decision of Justice Ibrahim Saulawa who disqualified himself from hearing the appeal.

Al-Mustapha, a former Chief Security Officer (CSO) to the late Head of State, General Sani Abacha, and Shofolahan, a former Personal Assistant to late Kudirat, were both convicted by the lower court for the conspiracy and murder preferred against them by Lagos State. The duo separately filed their appeals 24-hours after they were convicted, contending that the death sentence handed them was unwarranted, unreasonable and a manifest miscarriage of justice.


culled from
Vanguard
http://www.vanguardngr.com/2013/07/kudirat-abiolas-murder-al-mustapha-shofolahan-freed/ 

Braithwaite urges free legal representation for indigent suspects

EMINENT jurist, Dr. Tunji Braithwaite, has called for revolution to change what he termed an oppressive system prevalent in the country, especially in the justice administration. Speaking Thursday when the Tunji Braithwaite Foundation (TBF) visited Ikoyi Prisons, Lagos to donate to the inmates as part of activities to mark Braithwaite’s 80th birthday, the legal icon noted that the huge cost of justice has made it impossible for the common man to get it. 

According to him, no democracy in the world would allow a suspect to go to court without legal representation. “No offender should appear in court without government providing legal representation. There used to be free legal aid but that was not even provided by the government. It was provided by a section of the Nigerian Bar Association (NBA), lawyers who sacrificed their time, energy and finances to assist these oppressed people.  “You see a case of a man charged to court for a minor offence like wandering, according to the wretched system here in Nigeria, such a person could spend years behind bars awaiting trial. We are all witnesses to a government official who stole N7 billion and he was fined less than N1million and set free! What sort of justice is that? Many of those that are walking free are those that are even supposed to be behind bars while many of those in jail should indeed be free. This is the sad aspect of what we have seen today. Justice has been turned upside down. It is out of reach of the common man.” 

He continued: “You will never find Tunji Braithwaite in company of those who are corrupt. Two times, I have been invited to join government and I turned them down. I was arrested by 200 soldiers during the military era and locked up, yet I did not bulge. I have always championed and defended the cause of the oppressed. I defended the late Fela Anikulapo-Kuti and Olabisi Ajala at the risk of my life.”

The Divorce Hotel: Divorce made quick and easy

It is a concept called the ‘Divorce Hotel’ and helps husbands and wives to arrange all the necessary legal documentation to end their marriage over the course of just two days. They meet a mediator and series of lawyers behind closed doors who will split assets, agree alimony payments and arrange visitation rights – all for a fixed fee.

The brainchild of entrepreneur Jim Halfens, who said he spotted a gap in the market in a country where the average divorce can easily run into five figures and take months to complete. “When they leave the hotel, all work is done,” he told Sky News. “The only thing that happens then in Dutch law is that they have to show the agreement to a judge in the Netherlands and that takes a couple of weeks. “They walk divorced out of this door and to make it official takes a couple of weeks.” He uses a number of high-end boutique hotels around the country, including the smart Carlton Ambassador Hotel in The Hague. Sales manager NinkeBons explains that the couples, who often check in together, but mostly choose to stay in separate rooms, are handled with care by the staff. “We treat them as any other guests, we just try to keep a closer eye on them or make sure they are not wandering around by themselves,” she says. “Just as an example – we would normally enquire if a guest enjoyed their stay at the hotel. Well, obviously that’s not very appropriate in the case of the ‘Divorce Hotel.’”

Couples have to apply to use the process and are rigorously screened by the divorce hotel legal team. If the husband and wives are squabbling, or barely on speaking terms, they are deemed unsuitable for the process.
A businessman called Hans spoke to Sky News off-camera about his experience in the hotel. He and his soon to be ex-second wife actually enjoyed the process. “When we were not in the hotel and discussing arrangements, we were going out in the city and having a bite to eat and having a drink and actually a few laughs as well!” One of the mediators who guides couples through the weekend is Anne Marie Van As. She said: “Today, more and more is known about the damaging effects of a fighting divorce especially… on children. “So a concept which binds mediation with a comfortable environment in a relatively short space of time in which a divorce can be finished is a brilliant concept.”

It is also a brilliant concept for TV and the multi-Emmy Award winning Base Productions is pitching a series to television networks in the US, and several are said to be interested. Producer Mickey Stern says rather than a reality TV show (a genre born in the Netherlands) they are proposing a high-gloss documentary series examining couples as they go through the process and how conflicts are resolved as the spoils are divided.
And the obvious potential for expansion into other countries is also being explored by the creator: the US and Germany may be next to experience the check-in check-out road to divorce. The cheap and speedy legal solution is perhaps appropriate for these times of austerity.


culled from
Peoples Daily
http://peoplesdailyng.com/the-divorce-hotel-divorce-made-quick-and-easy/

Boston bombing suspect pleads not guilty

DzhokharTsarnaev

Boston bombing suspect DzhokharTsarnaev has pleaded not guilty on all charges in connection with the April attacks, some of which could carry the death penalty. In his first court appearance, the 19-year-old entered the federal courtroom in Boston in handcuffs, shackles and wearing an orange jumpsuit. “Not guilty,” said the US citizen, whose family hail from Chechnya. He repeated his plea repeatedly as the 30 counts were read out at the arraignment, which lasted seven minutes.

Tsarnaev was arrested five days after the bombing of the Boston Marathon on Monday, April 15. His brother, Tamerlan, was shot dead by police during a city-wide manhunt following the blasts. The courtroom was packed with victims of the bombings, some of whom needed canes to walk. Also in court were many journalists and a few people who identified themselves as friends of Tsarnaev. He is accused of using a pressure cooker bomb – termed a “weapon of mass destruction” by US law – in the attack, which left three people dead and more than 260 wounded.

He is also charged in connection with the shooting death of a campus police officer at the Massachusetts Institute of Technology during the brothers’ wild overnight getaway attempt. Seventeen of the counts against him are punishable by the death penalty or life imprisonment. The attacks stunned America with scenes of carnage and chaos at one of the country’s premier sporting events. The bombs were packed with metal fragments to cause maximum damage, injuring about 264 people, with many losing their legs.

http://peoplesdailyng.com/boston-bombing-suspect-pleads-not-guilty

NBA condemns violent clash in Rivers’ Assembly

The Nigerian Bar Association (NBA) has condemned the violent clash in the Rivers State House of Assembly. It asked the Federal Government and the relevant security agencies to take all necessary steps to urgently resolve the political crisis in the state. The association expressed regret over the turn of events in the state, arguing that the resort to violence was uncivilized and condemnable.

NBA, in a statement issued on Wednesday by its president, Okey Wali (SAN), urged security agencies not to take side with any party in the dispute, but to maintain an unbiased position. It urged all parties to the dispute to explore the judicial option in resolving their differences rather than resorting to self help. “The political differences in Rivers State up and until now, had been in the courts, which was the right and proper way to settle disputes in any civilized society. “But the latest twist of violence is a dangerous dimension that must be condemned very strongly and quickly. “The NBA therefore appeals to the parties to sheath their swords and return to the courts, where they have been, for adjudication of any disputes between them.

“The NBA calls on the Federal Government of Nigeria and security agencies to do all that is lawful in ensuring the restoration of peace and tranquility in Port Harcourt, Rivers State. The rule of law must prevail, and there must be no sacred cows, as nobody is above the law. “The NBA emphasises that the security agencies must not only be above board but must be seen to be above board, in carrying out their lawful duties. “At all times, the interest and well being of the good people of Rivers State must remain paramount,” the NBA said.

http://thenationonlineng.net/new/news-update/nba-condemns-violent-clash-in-rivers-assembly/

NDIC urges judiciary to tackle legal bottlenecks

 Excessive litigations and lack of proper understanding of the distinction between the legal status of the Nigeria Deposit Insurance Corporation (NDIC) as a corporate entity and its role as liquidator have been identified as critical challenges confronting the Corporation in discharging its mandate. The Managing Director and Chief Executive Officer of the Corporation, Alhaji Umaru Ibrahim, who made this submission in Abuja at the opening ceremony of the NDIC Sensitization Seminar for Appeal Court Justices, said the Corporation had been experiencing the execution of court judgments against its assets over the liabilities of banks in-liquidation, adding that the Corporation had also faced difficulties associated with the recovery of debts owed to failed banks.

Alhaji Ibrahim therefore appealed to the judiciary to address these legal challenges to enable the Corporation achieve its mandate of depositor protection and stability of the Nigerian banking sector. “We recognise that no matter how robust the legal framework operated by the NDIC is, the Corporation cannot achieve much without the cooperation and vital input from the Nigerian Judiciary”, he said.

The NDIC Chief Executive also described the role of the Court of Appeal as a critical arm of the judiciary, given its constitutional appellate jurisdiction over decisions of the State and Federal High Courts where most of the failed banks related cases were being handled. He urged the judiciary and legal practitioners to play their respective roles effectively, which would thereby empower the Corporation to discharge its mandate in the interest of depositors and the Nigerian banking system.

Rhodes-Vivours’ kidnap: Are judges at risk?

Chief Anthony Idigbe (SAN) writes that judges may now be under more pressure following the kidnap and release of wife, daughter and driver of Supreme Court Justice Bode Rhodes-Vivour. He also suggested ways to end kidnapping.

What is the fate of the judiciary given recent kidnap of the wife and daughter of Supreme Court judge Hon. Justice Bode Rhodes-Vivour? 
It is really unfortunate what has happened to Mrs Adedoyin Rhodes-Vivour and her daughter. She is such a decent, nice and humble lady. So also is her husband. They do not deserve this sort of encounter or experience but neither does any resident or citizen of Nigeria. The malaise is with us all. The father of one of my partners was kidnapped over two years ago and has not been found till today. We have used all our contacts to no avail. My law clerk was kidnapped about three weeks ago in a case of what turned out to be mistaken identity. The kidnappers thought he was the manager of the petrol station where he stopped to buy bread on his way home. He was lucky. He was released after a few hours seriously battered and after all the money in his account was withdrawn using his ATM card. Our family friends’ in-law a former deputy governor was kidnapped and killed recently. It just goes on and on.

The judiciary was already under a lot of pressure even before kidnapping became rampart. The challenges of the judiciary include inadequate infrastructure, inadequate compensation, weak manpower, corruption, undue interference, inadequate security for judicial officers, blackmail of judicial officers, etc. The incidence of kidnap of judicial officers and or their family members has added an ever more urgent dimension to the pressure on the judiciary in its effort to deliver efficient and effective justice to the people. It is the responsibility of government to provide security and rule of law to all in Nigeria. This requires government to create adequate and conducive environment for job creation as well as maintain a justice and rule of law infrastructure that eliminates impunity. Government still needs to do more on the twin issues of job creation and elimination of impunity in our society. We cannot just leave the matter to the good conscience of kidnappers and hope that they will have a change of heart some day and leave what has become for them a “business” nor can we hope that others would in good conscience not join the “business”.

Young lawyers’ welfare should be NBA’s greatest concern – Akintola

Adeniyi Akintola, regarded as one of the Nigerian Bar Association (NBA) kingmakers no doubt needs little introduction. In bar politics, the Ibadan born Senior Advocate of Nigeria is a force to reckon with. A core litigation lawyer, he believes he has paid his due in NBA and thus may not mind throwing his hat in the ring for the race of NBA presidency come 2014. Akintola, in this interview with a group of Law Editors, unveils his plan to take over from the Okey Wali leadership, his vision especially on the plight of underpaid young lawyers as well as his passion to give the association a new lease of life should he succeed in taking over as NBA president come 2014 among other sundry issues.

My interest in the affairs of the Nigerian Bar Association
Right from the time I became a lawyer, I picked interest in the affairs of my profession. My local branch can testify to that.
I served in my capacity as an executive and I even rose to the position of Vice Chairman, and at the nick of time I was to become the substantive Chairman before the association went into limbo. Beyond that, after the Port Harcourt debacle, I was one of the very few ones who midwife the coming back of the Bar, as a member of the Conference of Chairmen and Secretaries.
I was actively involved.  In 1998, during the dark days of Abacha, I remember our Chairman, I mean the Chairman of Conference of Chairmen and Secretaries, Chief Awomolo (SAN). He had an office at Ilorin.  From my branch I had to travel there to go and pay, because we had to start registration of the party anew. We had to do a new constitution under Chief OCJ Okocha (SAN), former President of the Bar.  Since then there has been no going back.
Again, I give God the glory for giving me the opportunity to travel the length and breadth of the country, to ply my trade, that is, litigation.  I am a litigation lawyer, although during some period I had to diversify to explore other areas.  I have been participating in the Bar activities favourably.


Akintola and the NBA kingmakers
We are not kingmakers but stakeholders.  We are stakeholders because we know what has been happening at the Bar.  We know the inner workings of the Bar and I have been a good followers of my seniors, who include Chief Okpoko, SAN, Chief Olanipekun, SAN, Chief OCJ Okocha, SAN, Mr. Olisa Agbakoba, SAN, just to mention a few.
They brought the Bar back from its comatose together with our elders such as Chief Aiku, Ahamba, Alhaji Abdullahi Ibrahim, and so on.  These are the people we’ve been following and pay our dues, honouring them.
So, we feel that if these people have played their parts successfully, nature demands that we too, who have been following them can take after them.  We cannot just be there as onlookers.  We decided, let us go there on the driving seat, and see what difference we can make.

Italian court fines Saipem for bribing Nigerian officials

An Italian court on Thursday found Saipem guilty on charges of international corruption, confiscating assets worth 24.5 million euros and ordering it to pay fine of 600,000 euros.

The case revolved round a company called Snamprogetti which was accused of paying bribes to Nigerian officials to win contracts between 1994 to 2004. Snamprogetti was merged into Saipem in 2008.  Saipem is 43 percent owned by Eni.


culled from
 Punch
http://www.punchng.com/news/italian-court-fines-saipem-for-bribing-nigerian-officials/

NPC urges stiffer penalties for sex offender

THE National Population Commission (NPC) has called on the Federal Government to formulate and review policy that would make it easy for the government to thoroughly investigate and prosecute men who are in the habit of sexually harassing teenage girls so as to put a stop to this deviant behavior. Chairman, National Population Commission, Eze Festus Odimegwu, who made the call while speaking at the 2013 World Population Day (WPD) in Calabar on Tuesday, urged the government to mete out great stiffer penalties for sex offences, stressing that demographic aid health survey shows that adolescent fertility in Nigeria in 2008 stood at 121 live births per 1,000 births.

He said the figures are very high, considering the fact that other African countries have drastically reduced adolescent fertility rate, adding that Nigerian fertility haywires as a result of teenage girls being harassed on daily basis by deviant men.   According to him, such incidence have often times led to unwanted pregnancies, which in turn, lead to population explosion, stressing that unless draconian measures are taken, such heinous crimes would continue to raise its ugly head. He added that the conventional two-year jail term meted out to offenders was not enough to deter other men from committing sex offences. Odimegwu pointed that if government was interested in addressing the problems, it should first of all map out the strategy that would drastically reduce poverty among adolescents.

Meanwhile, to avoid undue interference, Justice Oyejide Falola of Osun State High Court yesterday refused to announce the date for the final ruling on the case of rape instituted by a former National Youth Service Corps (NYSC) member, Miss Helen Okpara, against a traditional ruler in Obokun Local Council of the state, the Alowa of Ilowa-Ijesa, Oba Adebukola Alli. According to Falola, “For two reasons, I will not give a date of judgment because almost a day to the earlier judgment, the media were aware of the date of the judgment; they now started calling my lines and disturbing me. Therefore, this case is adjourned indefinitely for judgment and the date is to be communicated to the parties through hearing notice”.

Justice Falola was unable to deliver his ruling at the last adjourned date following the request by the monarch, through his counsel, Mr. Taofeeq Tewogbade, who applied for extension of time for judgment to allow for further defence on the matter. However, Mr. M. O. Adedokun, a Senior State Counsel from the state Ministry of Justice, who represented the Director of Public Prosecutions  (DPP), insisted that the court should deliver its judgment on the matter. He stressed that the case had gone through a series of adjournments, hence the need for the court to discountenance the application for extension of time.   Adedokun then averred that “the attitude of the defense counsel is an attempt to frustrate the judgment”, and urged the court to dismiss the application in the interest of justice and fairness. But Justice Falola then granted the defence leave to bring up the new issues.

culled from
The Guardian
http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=126770:npc-urges-stiffer-penalties-for-sex-offenders&catid=1:national&Itemid=559