Tag: SAN

  • CBN Faces Legal Challenges Over Recent Staff Layoffs

    CBN Faces Legal Challenges Over Recent Staff Layoffs

    The Central Bank of Nigeria (CBN) is currently embroiled in numerous court cases initiated by former employees who were dismissed as part of the bank’s recent reorganization efforts under President Bola Tinubu’s administration.

    To date, over 100 lawsuits have been filed by the affected personnel, contesting their terminations and seeking compensation for their entitlements. The CBN had announced the layoff of more than 200 staff on May 24, 2024, in a letter titled “Re-Organisation.”

    Mr. Ola Olanipekun, SAN, who represents some of the dismissed employees, filed these cases with the National Industrial Court in Abuja. He argued that the terminations were unjust and that his clients’ rights to a fair hearing were violated.

    Olanipekun highlighted that the CBN’s actions have resulted in significant financial damages, amounting to hundreds of millions of naira. He is seeking a court order for the bank to pay all outstanding salaries, allowances, and other entitlements to the affected staff.

    Additionally, the claimants are demanding N30 million for litigation costs and prosecution, along with a 21% post-judgment interest per annum on any awarded sums until fully paid.

    The legal documents, filed on August 22, 2024, include a 27-paragraph affidavit affirming the claims of the affected staff.

  • Nigeria’s Aviation Sector Sees Improvements Amid Challenges

    Nigeria’s Aviation Sector Sees Improvements Amid Challenges

    By   Milcah  Tanimu

    Nigerian airspace once had a dire reputation, ranking among the worst in Africa between 1999 and 2005. During this period, frequent air crashes made air travel in the country a harrowing experience. The issues were not solely due to insufficient radar coverage but were part of a broader infrastructure decay within the country’s aviation sector.

    For many years, outdated and inadequate navigational facilities posed significant risks to air travellers. Pilots expressed frustration over poor navigational aids at most airports, while aerodromes suffered from neglect, poor planning, and corruption.

    While not all navigational issues have been resolved, significant progress has been made, notably with a recent N40 billion intervention fund introduced by the Minister of Aviation and Aerospace Development, Festus Keyamo (SAN). This fund aims to address some of the persistent problems inherited by the current administration.

    The safety of Nigeria’s airspace remains a crucial topic, with the Nigerian Airspace Management Agency (NAMA) continually assuring the public of ongoing improvements. One notable achievement was the installation of the Total Radar Coverage of Nigeria (TRACON) in 2011, a major step in modernizing Nigeria’s air traffic management infrastructure.

    TRACON includes advanced systems like Primary Surveillance Radar STAR 2000 and Monopulse Secondary Surveillance Radar RSM 970S, covering key airports in Lagos, Kano, Abuja, and Port-Harcourt, and additional locations such as Maiduguri, Ilorin, Numan, Obubra, and Talata Mafar. This system ensures comprehensive monitoring of Nigerian airspace, making it nearly impossible for any aircraft to go undetected.

    However, investigative journalist David Hundeyin recently alleged that Nigeria has lacked primary radar coverage since 2021, citing a letter from the Nigeria Civil Aviation Authority dated April 16, 2024, which mentioned an unknown aircraft over the Presidential Villa. The Nigerian Airspace Management Agency, through its Managing Director Umar Farouk, refuted these claims, asserting that Nigeria’s airspace is fully covered by radar. Farouk emphasized that ongoing upgrades and modernization efforts are ensuring the efficiency and effectiveness of air traffic management services.

    Farouk acknowledged challenges such as outdated equipment and the high cost of spare parts but highlighted that significant strides have been made, with 80% of necessary replacements completed. The Federal Executive Council has approved further modernization of the TRACON system, with funding and contractor work underway to restore optimal performance.

    In January, Keyamo met with Thales, a renowned global air surveillance provider, to discuss upgrading Nigeria’s radar system. The planned TRACON upgrade, estimated to cost N23 billion, along with other projects like the Safe Tower Project and the Wide Area Multilateration System for the Gulf of Guinea, reflect ongoing efforts to enhance air safety.

    Thales has a history of successful radar system installations worldwide, including at major airports like London Heathrow and Charles de Gaulle. The Vice President of Thales, Lionel DE Castellane, emphasized the urgency of upgrading Nigeria’s radar facilities, especially at major airports. The first phase of the TRACON project, 80% complete, is scheduled for completion by May 2024, with discussions on financing subsequent phases ongoing.

  • Prosecute States That Fail to Pay Minimum Wage, Falana Urges AGF

    Prosecute States That Fail to Pay Minimum Wage, Falana Urges AGF

    By Milcah Tanimu

    Renowned Nigerian human rights lawyer, Femi Falana, SAN, has called on the Attorney General of the Federation, Lateef Fagbemi, to take legal action against any state government that fails to pay the mandated N30,000 minimum wage. Falana emphasized that non-compliance with the minimum wage law constitutes a legal violation since it is a mandatory agreement.

    Falana pointed out that once a new minimum wage is agreed upon, it becomes a legal obligation. He stated that it is the responsibility of the Federal Government and the Attorney General to ensure that any state government failing to meet this obligation is prosecuted.

    “The attorney general can initiate a new case, which is a positive step, highlighting that for years, state governments have been accused of diverting funds meant for local governments,” Falana said during an interview on Channels Television’s The Morning Brief on Tuesday.

    the removal of the fuel subsidy and the fluctuating naira have intensified demands for a new minimum wage due to the rising cost of living in Nigeria. Despite numerous meetings, the Federal Government and organized labor unions, including the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC), have yet to agree on a new minimum wage, leading to strikes that have disrupted economic activities.

    Falana argued that with the removal of the subsidy, states have more financial resources and can no longer claim a lack of funds as an excuse for not paying the minimum wage. “There is no state in Nigeria today that cannot pay more than the minimum wage because the government removed the fuel subsidy last year and promised that the funds saved from this policy would be allocated to state governments,” he stated.

    He insisted that state governments must be compelled to pay the minimum wage and advocated for the deduction of workers’ salaries directly from the source.

  • Falana criticizes NNPCL for its inability to address fuel price concerns

    Falana criticizes NNPCL for its inability to address fuel price concerns

    Femi Falana, a renowned human rights lawyer and Senior Advocate of Nigeria (SAN), has strongly criticized the Nigerian National Petroleum Corporation Limited (NNPCL) for the recent fuel price hike. According to Falana, the NNPCL does not possess the constitutional authority to determine petrol prices.

    In a statement issued as the chairman of the Alliance on Surviving Covid-19 and Beyond (ASCAB) on Wednesday, Falana emphasized that petrol prices should be determined by market forces. He further stated that the NNPCL’s increase in the pump price of petrol violates the rule of law and is fundamentally illegal.The statement read, “In his inauguration address delivered on May 29, 2023, President Bola Tinubu announced that his administration would govern the country in accordance with the rule of law. The implication of the commitment is that the actions of the Government and its agencies will be carried out under the law.
    “The people of Nigeria were taken aback yesterday when the Nigeria National Petroleum Corporation Limited increased the pump price of petrol from N500 to N617. After increasing the price the NNPCL turned round to claim that it was fixed by market forces. It is submitted that the increase of the pump price of petrol by the NNPCL is an affront to the rule of law on the ground that it is illegal in every material in particular.

    “In Bamidele Aturu v Minister of Petroleum Resources

    (Suit No FHC/ABJ/CS/591/2009), Plaintiff challenged the plan of the Federal Government to deregulate the downstream sector of the petroleum industry and allow market forces to determine the prices of petroleum products. In a landmark judgment delivered on March 19, 2013, the Federal High Court, presided over by Adamu Bello J. (as he then was) held that by the combined effect of the Petroleum Act, Price Control Act and the Constitution the Federal Government “must always fix the price of petroleum products sold across Nigeria.”

    Specifically, the reliefs granted by Federal High Court include the following:

    “1. A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in vicious violation of the mandatory provision of section 6 of the Petroleum Act, cap P.10, Laws of the Federation of Nigeria, 2004.

    “2. A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in flagrant violation of the mandatory provision of section 4 of the Price Control Act, cap P28, Laws of the Federation of Nigeria, 2004.

    “3 A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in conflict with Section 16(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 which provides that the Government shall control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.
    “4. A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria has the effect of making the freedom of movement guaranteed in section 41 of the Constitution of the Federal Republic of Nigeria, 1999 illusory for the Plaintiff and the generality of Nigerians and is, therefore, illegal, unconscionable and unconstitutional and of no effect whatsoever.
    “5. AN ORDER restraining the Defendants their agents, privies, collaborators and whosoever and howsoever from deregulating the downstream sector of the petroleum industry or from failing to fix the prices of petroleum products as mandatorily required by the Petroleum Act and the Price Control Act.”

    “Dissatisfied with the judgment of the Federal High Court the Federal Government filed an appeal at the Court of Appeal. Even though the appeal has not been determined the Nigerian National Petroleum Corporation Limited has usurped the power of the Federal Government to determine and fix the prices of petroleum products in the country. it is undoubtedly clear that the action of the NNPCL is illegal and contemptuous since the judgment of the Federal High Court on the subject matter has not aside by a higher court.”

    The renowned lawyer lampooned the NNPCL for exercising a monopoly in the importation and distribution of petrol which contradicted the Petroleum Industry Act of 2021.

    “It ought to be pointed out that the NNPCL is no longer an agency of the Federal Government but a limited liability company which is regulated by the Nigerian Upstream Regulatory Commission (NUPRC) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority in charge of the petroleum industry.

    “The action of the NNPCL has confirmed that the company has continued to exercise monopoly in the importation and distribution of petrol in the country contrary to the letter and spirit of the Petroleum Industry Act, 2021. Having liberalised the petroleum sector the NNPCL lacks the power to fix the prices of petroleum products in any part of Nigeria. It is high time that the NNPCL was restrained from further fixing the prices of petroleum products in the country,” Falana added.

  • CJN to now Inaugurate New SANs Nov. 28

    CJN to now Inaugurate New SANs Nov. 28

    The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola will on Monday, November 28, swear-in 62 new Senior Advocates of Nigeria at the main Courtroom of the Supreme Court.

    This is against the earlier announced date of November 21, 2022.

    A statement by the Director of Information and Press, Supreme Court, Dr Festus Akande issued on Monday in Abuja said that the earlier date had to be shifted to the new date in order to accommodate other programmes slated for the Court’s new legal year.

    The swearing-in ceremony is one of the several programmes lined up to formally usher-in the 2022/2023 legal year of the Supreme Court of Nigeria.

    During the legal year, the CJN will deliver a state-of-the Judiciary address to highlight the performance of the Apex Court and the Nigerian Judiciary in the outgoing 2021/2022 legal year.

    The statement recalled that out of the 174 applicants for the rank of Senior Advocate of Nigeria in 2022, 62 were successful at the end of the selection exercise.

    The statement indicated that out of the number, 53 are advocates, while 9 are academics.

    The Supreme Court commenced its annual vacation after a 2021/2022 legal year on July 23, 2022.

    Though the Court had started sitting since September 12, 2022, the new legal year ceremony is now being formally held in line with the Supreme Court’s tradition.

  • 9 Professors, 3 EFCC Lawyers, 62 others Conferred with SAN Ranks

    9 Professors, 3 EFCC Lawyers, 62 others Conferred with SAN Ranks

    A total of nine law professors and three major lawyers of the Economic and Financial Crimes Commission EFCC are among 62 lawyers conferred with the prestigious rank of the Senior Advocates of Nigeria (SANs).

    They were honoured with the rank by the Legal Practitioners’ Privileges Committee (LPPC) under the chairmanship of the acting Chief Justice of Nigeria CJN, Justice Olukayode Ariwoola.

    A statement released on Thursday evening by the Chief Registrar of the Supreme Court, Hajo Sarki Bello, indicated that the LPPC conferred the rank on the lawyers at its 154th plenary session held on 29th September, 2022.

    The law professors are Kathleen Ebelechukwu Okafor, Muhammed Taofeeq Abdulrasaq, Amokaye Oludayo Gabriel, Ismail Adeniyi Olatunbosun, Abdullahi Sheu Zuru, Joy Ngozi Ezeilo, Theodore Bala Maiyaki,

    Olaide Abass Gbadamosi and Chimezie Kingsley Okorie.

  • 72 Lawyers Elevated To Senior Advocates of Nigeria (SAN)

    72 Lawyers Elevated To Senior Advocates of Nigeria (SAN)

    The Legal Practitioners’ Privileges Committee has elevated 72 lawyers to the rank of Senior Advocate of Nigeria (SAN).

    In Nigeria, the SAN is awarded as a mark of excellence to members of the legal profession who have distinguished themselves as advocates and academics.

    The Chief Justice of Nigeria, Justice Tanko Muhammad, is expected to swear in the new senior advocates during an inauguration ceremony to be held on December 8 at the Supreme Court premises in Abuja.

    Below is a full list of those to be conferred with the honour:

    ACADEMICS

    Prof Bankole Akintoye Sodipo

    Prof Christian Chizundu Wigwe

    Prof Ajagbe Toriola Oyewo

    Prof Rasheed Jimoh Ijaodola

    Prof Oluyinka Osayame Omorogbe

    Dr Josephine Aladi Achor Agbonika

    Dr Ibrahim Abdullahi

    Prof Edoba Bright Omoregie

    Prof Abiola Olaitan Sanni

    Dr Anthony Ojukwu Okechukwu

    ADVOCATES

    George Audu Anuga

    Simon Asember Lough

    Eko Ejembi Eko

    Ayo Abraham Olorunfemi

    Reuben Okpanachi Atabo

    John Ogwu Adele

    Shaibu Enejoh Aruwa

    Eyitayo Ayokunle Fatogun

    Jacob Johnson Usman

    Tajudeen Olaseni Oladoja

    Salman Jawando Ayinla

    Adeola Rasaq Omotunde

    Mathew Gwar Bukka

    Mohammed Ndayako

    Hassan Usman El-Yakub

    Ishaq Magaji Hussaini

    Samuel Atung

    Mohammed Abdulhamid

    Kabiru Aliyu

    Mohammed Abdulaziz Sani

    Uche Sunday Awa

    Uchenna Chinyere Ihediwa

    Philip Ndubuisi Umeh

    Peter Aguigom Afuba

    Felix Anayo Onuzulike

    Benjamin Chukwudi Uzuegbu

    Benjamin Nworah Osaka

    Ikenna Okoli

    Edwin Sunday Chukwujekwu Obiora

    Emeka Jude-Philip Obegolu

    Clement Onwuenwunor

    Chijioke Ogugua Precious Emeka

    Anthony Obinna Mogboh

    Victor Ugwuezumba Opara

    Kamasuode Wodu

    Charles Udoka Ihua-Maduenyi

    Sammie Abiye Somiari

    Ogaga Ovrawah

    Charles Dumbiri Mekwunye

    Ikeazor Ajovi Akaraiwe

    Marcellous Eguvwe Oru

    Mark Okebuinor Mordi

    Ehiogie West-Idahosa

    Fredricks Ebos Itula

    Ibrahim Idris Agbomere

    Anthony Ademuyiwa Adeniyi

    Bolarinwa Olotu

    Adekola Olawale Fapohunda

    Adekunle Akanbi Ojo

    Olaotan Olusegun Ajose-Adeogun

    Rotimi Sheriff Seriki

    Olukayode Oluwole Adeluola

    Adeyinka Moyosore Kotoye

    Oluwasina Olanrewaju Ogungbade 65. Afolabi Fatai Kuti

    Francis Omotosho

    Ayodeji Adedipe

    Adeleke Olaniyi Agbola

    James Akingbola Akinola

    Muritala Oladimeji Abdul-Rasheed

    Dauda Adekola Mustapha

    Kazeem Adekunle Gbadamosi

  • Two SANs, INEC Lawyer Struggle to Save French Professor at Tribunal

    Two SANs, INEC Lawyer Struggle to Save French Professor at Tribunal

    Ugar Ukandi Odey, Jos

    It was a clash of the substance of law and the technicalities of court procedure at the Election Petition Tribunal sitting in Jos as two Senior Advocates of Nigeria and one NEC Lawyer deploy technicalities and procedural traditions of practice to save Professor Nora Ladi Daduut, who ‘won’ election to represent Plateau South in the Senate last December. Sitting at the West of Mines High Court premises in Jos, once the Tribunal clerk called Suit No: EPT/PL/PH/01/2020, Chairman of the three-man panel, Justice D.H. Khobo announced that the business of the day was continuation of hearing of the Petitioners case.

    Upon the conduct of the senatorial bye-election in the Plateau South Senatorial District to fill the vacuum created as a result of the sudden death of Senator Ignatius Longjan, the People’s Democratic Party candidate in the same election, Honourable George Edwards Daika, explored the opportunity of the Election Petition Tribunal to lodge a petition in which he challenged the election of the APC candidate, Professor Nora Ladi Daduut, noting that apart from not winning the election, the APC candidate was not validly nominated and that some of the information she supplied to the INEC was either false or contradictory in some cases.  

    Rising to address the tribunal, counsel to the petitioner, Barrister Sunday Oyewale, who announced appearance with Joshua Emmanuel and two others, told the lord justices of the petitioner’s readiness to tender more documents for the Tribunal to admit and mark in evidence, and urged the Tribunal to accept same and mark them accordingly for consideration during the final determination of the petition.  Granted, on behalf of the petitioner, Barrister Sunday Oyewale tendered, among others, the INEC Election Manual, INEC regulations for conduct of elections, Form EC8e of the 2020 Plateau State Senatorial bye-election, and the All Progressives Congress, APC, party constitution.

    Oyewale also tendered the constitution of the Federal Republic of Nigeria (1999) as Amended, an APC letter dated September 11, 2020 to  the INEC Chairman, Professor Mahmood Yakubu, in which several other documents were attached such as certificates and affidavits of Professor Nora Daduut, the nomination form of the candidate otherwise branded as INEC Form EC13c, and certified true copies of the APC elected National Executive Committeen, among others.

     Noting however that the procedure in law is that response to pleaded documents is reserved till final address, counsel to the first respondent, INEC, Ibrahim K. Bawa, added that if a document is unpleaded, objection can be entertained instantly.

    Accordingly, he raised objection to the additional documents brought forth by the petitioner, insisting that they were neither pleaded nor listed in the earlier documents called forth by the petitioner.  He cited an earlier attempt by the petitioner to amend documents tendered which was rejected by the Tribunal, and maintained that to turn around to accept the documents will amount to mockery of the Tribunal.

    In their responses, counsel to the second respondent, Pius Akubo (SAN), and that of the APC as third respondent, Garba Pwul (SAN), simply leaned on the frame of objection already established by the counsel to INEC, Ibrahim K. Bawa, saying in effect, documents EC9c and the attachments thereto were objected to as having not been pleaded earlier.

    Pius Akubo said what was not contemplated during pre-hearing session, and is tendered in the course of hearing, will tantamount to “trial by ambush by the petitioners”.  Garba Pwul concurred, saying that “any document that is not listed and pleaded in the first instance is expressly and automatically excluded”.

     Dismissing their objections as an attempt to pull a wool across the face of the Tribunal, Oyewale urged the justices to grant the position of the Petitioner and entertain the documents.

    Tribunal chairman, Justice D. H. Khobo has however reserved ruling on the matter.

  • CJN Swears-In 72 New SANs, Warns Against Disobeying Court Orders

    CJN Swears-In 72 New SANs, Warns Against Disobeying Court Orders

    The Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad on Monday swore in 72 new Senior Advocates of Nigeria and also warned against disobeying court orders.

    Although the CJN Muhammad is absent from the ceremony, the next most senior Justice of the Supreme Court, Justice Olabode Rhodes-Vivour represented him and administered oaths to the new SANs.

    The legal practitioners sworn-in as SANs were awarded the rank as a mark of excellence and for having distinguished themselves as Advocates and Academics.

    The Legal Practitioners Privileges Committee had earlier in November elevated 72 lawyers to the rank of the SAN.

    Details later…

  • EFCC vs. Obla,SAN: Prosecution or Persecution?

    EFCC vs. Obla,SAN: Prosecution or Persecution?

    Recall  that on the 28 November 2016, Chief Godwin Obla (SAN), a former prosecutor with the Economic and Financial Crimes Commission (EFCC), was arraigned before a Lagos High Court in Suit No: LD/3671C/16 alongside the  Justice Rita Ofili-Ajumogobia, then a Judge of the Federal High Court, on the allegation that he bribed the latter with the sum of N5 million to secure the conviction of the Defendant in Charge No.:FHC/L/C/482C/10 between the Federal Republic of Nigeria v. Raymond TemisanOmatseye.
    Interestingly, the case of FRN V Omatseye was a criminal prosecution in respect of which the EFCC itself had briefed Obla and provided the proof of evidence, witnesses and other information utilized by Oblain the course of the trial.
    This trial commenced in February 2011 before  Justice Binta Nyako until 2013 when Obla filed an amended Charge and the Defendant was consequently rearraigned before  Justice Ajumogobia.
    The entire trial spanned the course of 5 years i.e. between the first arraignment in 2011 and 20 May 2016 whenthe judgment convicting the Defendant for sundry breaches of the Public Procurement Act was delivered.
    In this 5 -year period, Obla appeared before the Court on at least 46 occasions along with junior Counsel on behalf on the EFCC.
    It is on record that Omatseye’s conviction was very significant in the fight against corruption and was widely celebrated as the first conviction ever secured by the EFCC for breach of contract approval thresholds under the Public Procurement Act.
     One factor which lends credence to this assertion was the wide celebration by the EFCC of this conviction/Judgment. For instance, the EFCC in its Press Release dated 20th May 2016(which continues to appear on its website www.efccnigeria.org)had the following to say about the Judgment:
    “After five years of grueling legal battle, justice is finally served as a Federal High Court sitting in Lagos today convicted a former Director General of the Nigeria Maritime Administration and Safety Agency, NIMASA, Mr. TemisanOmatseye.
    Justice Rita Ofili- Ajumogobia in a landmark ruling convicted the former DG on 25 of the 27-count charge bordering on alleged contract variation, bid rigging and awarding contract above his approval limit which violates the provisions of the Public Procurement Act, brought against him by the Economic and Financial Crimes Commission, EFCC.”
    Again, on May 27 2016, the Acting Chairman of the EFCC, whilst speaking at the launch of the “Clean Hands Against Corruption Campaign” at the Eagle Square in Abuja alluded to the conviction of Raymond Omatseye as one of the “140 convictions the Economic and Financial Crimes Commission (EFCC) has secured in six months.”
    It is perhaps curious that the same EFCC which lauded the conviction of Raymond Omatseye at several fora, made a complete volte-face to allege that the conviction was secured as a result of “perversion of justice”, moresoas no indication has been given as to whatever motivation Obla might have had to pay a bribe to secure a conviction on a case investigated by the EFCC and for which the EFCC itself provided the witnesses and proof of evidence.  By alleging that Obla attempted to “pervert the course of justice” in the case of FEDERAL REPUBLIC OF NIGERIA v. OMATSEYE, one wonders whether the EFCC was contending that the accused person in that case- who was investigated by the EFCC itself, ought not to have been tried at all, much less convicted and instead ought to have been discharged and acquitted.
    In addition to the Omatseye trial,at several times between 2008 and 2015, Obla was engaged by the EFCC to prosecute and/or defend a number of cases at various courts against persons alleged to have been involved in economic and financial crimes or in respect of which the EFCC had been sued.
    By virtue of the various instructions of the EFCC to Obla for these various cases, Obla led the prosecution of over 40 cases and spearheaded the recovery of various properties and assets (including cash and shares in Banks and other companies) for the benefit of the EFCC and the Federal Government of Nigeria. All of these forfeited properties/monies were duly handed over to the EFCC.
    Despite these sterling achievements as a prosecutor, the EFCC consistently failed to pay Obla’s professional fees and to reimburse him for out-of-pocket expenses incurred by him in the course of representing the EFCC in all those cases. All demands by Obla for payment of the said fees and expenses as well as all the reminders issued in their regard were ignored by the EFCC.
    Despite the EFCC’s treatment of Obla’s request for fees, to ensure the unimpeded prosecution of these cases, many of which were at crucial and delicate stages of trial, Obla, on behalf and with the full knowledge of the EFCC, continued to incur out-of-pocket expenses to cover filing fees, transport costs for himself and junior colleagues (including flight tickets to attend matters outside jurisdiction), clerical and secretarial costs, accommodation, telephone services, appearances costs etc., all of which culminated in several judgments/rulings/orders in favour of the EFCC and the forfeiture of significant assets and properties (real and monetary).
    Notwithstandingits persistent failure to pay Obla’s fees, the EFCC, by a letter dated 14thMarch 2016 purported to disengage Obla from providing legal services to the Commission. In response to the EFCC’s letter, Obla wrote a letter to the EFCC dated14th April 2016 by which he issued a reminder on the long overdue fees and expenses owed to him. It was in the course of this exchange on the issue of fees that the EFCC, perhaps motivated by a desire to avoid the payment of its debts to Obla, filed a criminal charge against Obla and  Justice Ajumogobia before the High Court of Lagos State in SUIT NO: LD/3671C/16, alleging that Obla bribed Justice Ajumogobia to ‘procure’ the conviction ofOmatseye in the EFCC case of FRN V OMATSEYE (Charge No.: FHC/L/C/482C/1.
    Obla has since filed a suit against the EFCC before the High Court of the Federal Capital Territory in Suit No: CV/3220/17 claimingthe sum of N 685,389,928.10 (Six Hundred and Eighty-Five Million, Three Hundred and Eighty-Nine Thousand, Nine Hundred and Twenty-Eight Naira and 10 Kobo) and $ 202,460.47 (Two Hundred and Two Thousand, Four Hundred and Sixty Dollars and Forty-Seven Cents) as fees and expenses owed to him by the EFCC.
    This suit was initially before the  Justice Valentine Ashi(of blessed memory), and in the course of the trial the parties had led their evidence and filed their final addresses.
    It was while waiting for a date for the adoption of the respective final addresses that news filtered in of the unfortunate demise of the presiding Judge.
    The case has recently started de novo before the Justice Adeniyi of the High Court of the FCT.
    On 28 November 2016, Justice Rita Ofili-Ajumogobia and Godwin Obla (SAN) were arraigned before Justice Hakeem Oshodi of the Lagos State High Court, Ikejaon a 30-count Information dated November 17, 2016- Suit No: LD/3671C/16.The Information was subsequently substituted with a 31-Count Amended Information dated21st February 2018.
    Obla was only affected by Counts 1-4 of the information where he was charged with the following:
    Conspiracy to pervert the course of justice contrary to section 97(1) of the Criminal Law of Lagos State, No. 11, 2011.
    That you HON. JUSTICE RITA NGOZI OFILI AJUMOGOBIA AND GODWIN OBLA (SAN) on or about the 21st day of May, 2015 in Lagos within the jurisdiction of this Honourable Court, conspired with one another to pervert the course of justice in Charge No. FHC/L/C/482C/10 with the sum of N 5,000,000.00 (Five Million Naira).
    Attempt to pervert the course of justice contrary to section 97 (1) of the Criminal Law of Lagos State, No. 11, 2011
    That you HON. JUSTICE RITA NGOZI OFILI AJUMOGOBIA AND GODWIN OBLA (SAN) on or about the 21st of May 2015 in Lagos within the jurisdiction of this Honourable Court, attempted to pervert the course of justice in Charge No. FHC/L/C/482C/10 with the sum of N 5,000,000.00 (Five Million Naira)
    Offering gratification to a public official contrary to section 64 (1) of the Criminal Law of Lagos State, No. 11, 2011
    That you GODWIN OBLA (SAN) on or about the 21st day of May, 2015 in Lagos within the jurisdiction of this Honourable Court intentionally gave the sum of N 5,000,000.00 (Five Million Naira only) to Hon. Justice RITA NGOZI OFILI AJUMOGOBIA of the Federal High Court directly from your Obla and Company’s account No. 1015319084 domiciled in the United Bank for Africa Plc, in order that the said Judge acts in the exercise of her official duties.
    Offering gratification to a public official contrary to section 64 (1) of the Criminal Law of Lagos State, No. 11, 2011.
    That you GODWIN OBLA (SAN) on or about the 21st day of May, 2015 in Lagos within the jurisdiction of this Honourable Court, intentionally gave the sum of N 5,000,000.00 (Five Million Naira only) to Hon. Justice RITA NGOZI OFILI AJUMOGOBIA of the Federal High Court directly from your Obla and Company’s account No. 1015319084 domiciled in the United Bank for Africa Plc, in order that the said Judge refrains from acting in the exercise of her official duties.”
    The trial before the Lagos State High Court spanned more than two (2) years and came up on more than 22 separate dates between28th November 2018 and 16th April 2019 as follows: 28thNovember 2016, 8thDecember 2016, 9thJanuary 2017, 30thJanuary 2017,10thMarch 2017, 17thMarch 2017, 28th April 2017, 26thMay 2017, 1stJune 2017, 6thJuly 2018,  29thSeptember 2017, 10thNovember 2017, 26thJanuary 2018, 23rdFebruary 2018, 23rdMarch 2018, 20thApril 2018, 25thMay 2018, 8thJune 2018, 14thSeptember 2018, 2ndNovember 2018, 14thDecember 2018, 25thJanuary 2019 and 16thApril 2019.
    At the Lagos High Court, the EFCC called 14 witnesses and eventually closed its case on14th September 2018.
    In the course of its presentation of its case, the EFCC demonstrated that whereas the Charge against Obla was for the payment of N 5 millionfrom his UBA Account, allegedly to Justice Ajumogobia to pervert the course of justice, the evidence before the Court was that no payment was made by Obla into any of her personal accounts. Instead, the payment of the N 5 million in contention was to a registered company – Nigel &Colive Ltd- whose directors did not include Ajumogobia.
    Other elements of the EFCC’s case included that no petition was filed against Obla alleging any wrongdoing on Obla’s part in connection with the Omatseye case; that the EFCC did not investigate Obla’s defence that the payment of the amount in question was for the purpose of obtaining building materials for his construction site; that the EFCC defended the Omatseye Judgment and vigorously  resisted the Appeal against his conviction; and that the EFCC’s conclusion that Obla paid a bribe was essentially not predicated on any hard facts.
    Obla immediately responded to the closure of the prosecution’s case by filing a no case submission on the same date (14thSeptember 2018), seeking an order of acquittal on the ground that the prosecution had not made out a sufficient case to warrant a defence.
    Notwithstanding the weighty submissions made in Obla’s no case submission, the EFCC never filed any reaction to it before the Court.
    After Obla filed his no case submission and the EFCC failed/refused to file any response, Justice Ajumogobiafiled a motion challenging the jurisdiction of the Court on the ground that, being a judicial officer and by virtue of the judgment of the Court of Appeal in the case of NGANJIWA V FRN(delivered on 11th December 2017), the charge against her could not have been filed until after disciplinary action by the National Judicial Council had been taken against her. Surprisingly, the EFCC Counsel, Rotimi Oyedepo, who had conveniently failed to respond to Obla’s no case submission, immediately filed a counter affidavit conceding to Justice Ajumogobia’s objection and in fact urged the court to strike out the charge and discharge both Obla and Ajumogobia.
    Obla’s Counsel (Chief I.A. Adedipe, SAN andChief F.O. Orbih, SAN)both argued that considering the stage of the proceedings, the EFCC’s failure/refusal to file any response to Obla’s no case submission ought to be interpreted as a concession to the fact that Obla was entitled to an order discharging and acquitting him on all the counts of the Amended Information related to him.
    The Judge however opined that since the jurisdiction of the Court had been challenged, the only issue to consider was whether or not the Court had the jurisdiction to continue with the trial.
    Consequently, after more than two years of trial, Justice H. Oshodi on 16th April 2019delivered a ruling striking out the charge before the Lagos High Court. The Court held that based on the judicial precedent set by the case of Nganjiwa V. FRN, the High Court lacked jurisdiction to hear the suit, as the EFCC “jumped the gun” in filing the Amended Information.
    The Court, in its Ruling, seriously deprecated the conduct of both the EFCC and its Counsel, Rotimi Oyedepo and condemned its prosecution of the case in the following words:
                    “Before concluding, the Court will want to make one or two comments.
    As noted above, the Prosecution, as at Monday 11th December 2017 was aware, as a result of the decision of the Court of Appeal in HON. JUSTICE HYELADZIRA NGANJIWA V FEDERAL REPUBLIC OF NIGERIA (Supra) that the Court lacked jurisdiction to entertain the criminal action filed against the 1stDefendant. As at that day, the 1stAmended Information was yet to be filed. As at that day, the 12th (twelfth) witness for the Prosecution was still giving evidence. One would have thought that the Prosecution would have urged the Court to strike out the case as a consequence of the decision of the Court of Appeal. But no! the Prosecution still persisted, like a bull running amok, amended the Information and called 2 (two) further witnesses.
    It ought to be pointed out for record purpose that a counsel is a minister in the temple of justice and as an officer of the Court, a counsel has a duty to assist the Court rather than mislead it. In other climes, where learned counsel that find themselves in such a position, as an officer of the court, will have brought a proper application to have the case abated. Why the Prosecution went on with proceedings when it is obvious that all what the Court was doing amounted to a nullity is best known to them. Precious judicial time had been wasted. Though the Court is aware of the provision of Section 285 (1) of the Administration of Criminal Justice Law 2015, which is against a Private Prosecutor, it is so unfortunate that in our judicial system, we have still not devised ways and means to condemn a Prosecuting Agency of the Government, be it State or Federal, in a  criminal action by the payment of heavy cost in situations as this instance, having in mind that a Defendant will have incurred cost in defending the charge, albeit a worthless charge.
    It has to be restated that there is no doubt that a counsel is duty bound to present his clients’ case with utmost devotion. But such devotion must be coloured with professional discretion. In other words, counsel must be the master in the conduct of his client’s case and should not be dictated to by his client as to how to conduct the case. It is in recognition of that authority of counsel that Rules 14(c) and 18(a) of the Rules of Professional Conduct, published as Government Notice No. 69 in Federal Official Gazette No. 5 of 18th January 1980 which deals with how far a lawyer may go in supporting a client’s case and the right of the lawyer to control the incidents of the trial, makes it a provision of a law.
    No fear of judicial disfavour of public unpopularity should restrain counsel from the full discharge of his duty. In the judicial forum the client is entitled to expect his lawyer to assert every such remedy or defence. It must however be borne in mind that the great trust of the lawyer is to be performed within and not without the bounds of the law…”
    The ruling of the Lagos State High Court and the comments of the trial Judge raisea few interesting issues.
    For instance, why did the prosecution deliberately refuse to notify the Lagos State High Court that the Court lacked jurisdiction as soon as it became aware of that fact? This is even more curious when it is considered that the EFCC was a party to the NGANJIWA case and that it was in fact the same prosecutor (Rotimi Oyedepo) that appeared for the Federal Republic of Nigeria in that case that prosecuted the case against Obla and Ajumogobia at the Lagos State High Court. Again, it is worth asking what the prosecution intended to achieve by calling more witnesses in the trial even after becoming aware that by the decision inNGANJIWA’S case the Court lacked the jurisdiction to try the case, only to subsequently concede to the court’s lack of jurisdiction several months after at the time it did.
    It would seem from the observations made by  Justice Oshodi J. in his ruling, that the prosecution’s desire to proceed with a trial even when it was apparent that the court lacked jurisdiction smacked of an intent to persecute the defendants, and not to prosecute them within the bounds of the law.
    On 16th April 2019- the same date the Lagos High Court delivered its judgment striking out the Information against Obla and Ajumogobia- Obla filed a notice of appeal (APPEAL NO: CA/LAG/CR/517/2019)challenging the decision of the Court to merely strike out the Information without acquitting him. This Notice of Appeal was subsequently replaced by one filed on 30thApril 2019.
    This Appeal mainly seeks an Order of the Court of Appeal discharging and acquitting Obla on the relevant counts of the Information filed at the High Court of Lagos State, having regard to the EFCC’s failure to respond to his no case submission and its concession to the lack of jurisdiction at that stage. The prayers sought in the Appeal (which is currently before the Court of Appeal, Lagos Division) are as follows:
    a.       “AN ORDER of the Court of Appeal allowing this appeal and setting aside the decision/Ruling of the High Court of Justice of Lagos State delivered on 16 April 2019.
    b.       AN ORDER of the Court of Appealinvoking its jurisdiction under Section 15 of the Court of Appeal Act Cap. C36 LFN 2004 by assuming jurisdiction over the Appellant’s Application made on 25 January 2019and granting an order permitting the separate trial of the Appellant on Counts 1, 2, 3 and 4 of the 1st Amended Information dated 21 February 2018.
    AND/OR ALTERNATIVELY
    c.        AN ORDER of the Court of Appeal invoking its jurisdiction under Section 15 of the Court of Appeal Cap. C36 LFN 2004to hear and determine the Appellant’s no case submission dated14 September 2018.
    d.       A CONSEQUENTIAL ORDERdischarging and acquitting the Appellant on Counts 1, 2, 3 and 4 as contained in the 1st Amended Information dated 21st February 2018.”
    Obla’sAppellant’S Brief was filed on 8 May 2019 and it was served on the EFCC on the same day. Following the EFCC’s failure to file its Brief, Obla’s Counsel filed a Notice of Motion dated 8November 2019 (Motion No: CA/LAG/ROA/CA/128/M/2019) seeking an Order setting the Appeal down for hearing on the Appellant’s Brief alone. The Court of Appeal then fixed 17 October 2019 to hear the said application.
    On 16 October 2019, just one day before the date fixed for the hearing of the motion, the EFCCfinally filed its Brief of Argument along with an application to regularize its position in the Appeal.Obla immediately filed his Reply Brief on 17 October 2019 and on the said date withdrew the application dated 8 November 2019.
    The Appeal has now been fixed for hearing on 28th May 2020.
    On 17th April 2019 – a day after the ruling of the Lagos State High Court striking out the charge and discharging the defendants- the EFCC re-arraigned the defendants before Justice R.  Aikawa of the Federal High Court on an 18-count Charge bordering on conspiracy, unlawful enrichment, and money laundering- Charge No: FHC/139C/19.
     A review of this fresh Charge shows thatCounts 1,2 and 3which affect Obla personally are predicated on the same facts and elements as Counts 1,2,3 and 4 of the Information struck out by the Lagos High Court (SUIT NO: LD/3671C/16).
    In effect therefore, the filing of this fresh Charge at the Federal High Court on the same facts and evidence as the Information previously struck out by the Lagos High Court (and which is the basis of Obla’s pending appeal) appeared to be an abuse of Court process.
    In line with the above, Obla filed an application at the Federal High Court to quash the charge for being an abuse of Court process and a constructive attempt to render Obla’s pending appeal nugatory.
    The motion also sought an alternativeorder permitting the separate trial of the Defendants. This Application was predicated on the following points:
    That the charge filed at the Federal High Court is:
    a.       On the same set of facts and in relation to the same transaction which were/was the subject of the prosecution at the Lagos State High Court.
    b.       Against the same Defendants as with the case at the Lagos High Court
    c.        Founded on the same proof of evidence and witnesses as with the prosecution at the Lagos High Court.
    d.       Prejudicial to the appeal filed by Obla and is obviously intended to overreach him in the prosecution of the said appeal.
    On 28th June 2019  Justice R. Aikawa of the Federal High Court, Lagos Division delivered a Ruling dismissing this application. Curiously, for more than three months after the delivery of this ruling, despite numerous and sustained attempts to obtain a copy of the ruling, Obla was unable to obtain a copy of this Ruling for the purpose of appealing against it until 15thOctober 2019.
    The eventual release of the copy of the Ruling bearing the text of the Judge’s Ruling followed after a ruling without any text was initially handed over to Obla’s lawyers. This blank ruling was thereafter retrieved and replaced with the correct ruling in circumstances that seemed to suggest that the ruling was either not written initially or was deliberately withheld from Obla in order to frustrate his appeal.
     Owing to the circumstances surrounding the non-release (and eventual release) of this ruling on Obla’s application and the general state of the matter, Obla’s lawyers wrote to the Chief Judge of the Federal High Court asking for the Charge to be reassigned to another Judge of the Federal High Courton the ground that Obla may not obtain a fair trial under the Judge presentlyseisedof the matter (i.e. Hon. Justice R.M. Aikawa).
    The case at the Federal High Court is currently awaiting the decision of the Chief Judge of the Federal High Court as to whether the Charge should be reassigned to another Judge of the Federal High Court or not. In the meantime, the case has been adjourned to April 29th 2020.
    Obla’s travails at the hand of the EFCC- an organization he served as a frontline prosecutor for over five years may not be unconnected with what appears to be a persecution agenda harboured by some elements within the Commission.
    The circumstances of his case appear to lend credence to this perspective. Obla, for the five years he was prosecuting for the EFCC, consistently championed the prosecution of several corruption-related cases for the EFCC and obtaining the forfeiture of cash and assets worth several billions of Naira.
    However, as soon as a new leadership was appointed to head the anti-graft commission, the table seemingly turned, and he became the hunted.
    First, he was invited on several occasions over his perceived role in the Halliburton case- for which he was appointed by the former Attorney General Federation and Minister of Justice, Mohammed Bello Adoke, as part of the legal team which negotiate the plea bargain agreements with the companies involved in the scandal, which culminated in the recovery of the unprecedented sum of $200million for the Federal Government of Nigeria.
    Thereafter the EFCC has filed criminal charges at the Lagos State High Court and the Federal High Court respectively alleging that he paid a bribe for a case handled on EFCC’s behalf.
    Obla’s travails may not also be unconnected with his suit against the EFCC seeking the recovery of his professional fees to the tune of overN 685,389,928.10 (Six Hundred and Eighty-Five Million, Three Hundred and Eighty-Nine Thousand, Nine Hundred and Twenty-Eight Naira and 10 Kobo).
    It is a mystery that after years of meritorious service to the EFCC in various capacities, particularly as prosecutor in no less than 40 cases involving economic and financial crimes- leading to various convictions and the forfeiture of various assets, the EFCC has chosen to treat him with disdain. It remains to be seen whether the pendulum of justice will eventually swing in Obla’s favour.