2011: Transport to a new Era

In this write-up, Felix Adewumi takes an in-depth look at the likely scenarios in the transport sector in 2011

Background

The year 2010 ended on a not too high note following some last minute changes in the transport sector.

There was a 12th hour changes of baton at the Nigerian Port Association (NPA) when Mr Omar Suleiman replaced Mr Abdulsallam Mohammed as the Managing Director of the Nigerian Port Authority coupled with the sack of Mr Temisan Omatsaye as the Director General of Nigerian Maritime Administration and Safety Agency, (NIMASA) when he was arrested by the Economic and Financial Crimes Commission (EFCC) and replaced with Mr Ziakade Akpobolokemi

These two changes go a long way in causing a major upset in the transport sector and there are high hope that 2011 will usher in a wind of change.

NRC contract scam

2011 started abruptly as 2010 ended with the arrest of Engineer Adeseyi Sijuade, the managing director of Nigerian Railway Corporation (NRC).

The arrest followed a report sent to the EFCC by the Office of the Secretary to the Government of the Federation (SGF) after an investigation by the SSS into allegations of manipulations in contract awards for the rehabilitation of the Nigerian railway lines.

The contracts under view concern the rehabilitation of the Port Harcourt to Maiduguri line. The tenders which were invited since March 2010 have not been awarded nearly a year after because of the alleged manipulations and corruption involving Mr Sijuwade to award contracts to predetermined companies connected to his family with no evident track record using fake documents and insertion of documents after bidding had closed in flagrant violation of the Public Procurement Act.

Sijuade was appointed in 2009 and with the contract scam rocking the corporation, many believe that 2011 will go a long way to determine the interest of the government in completing the rehabilitation project.

100 locomotives for rail transportation

With the hope of reviving the dwindling significance of the rail sector, late President Umaru Yar’Adua had in the 2009 budget, earmarked N8.3 billion to be spent on modernization of locomotive coaches and wagon as well as rehabilitation work and procurement of railway equipment in 2009.

While listing rail rehabilitation as one of the key project to be funded by the 2009 budget, the president stated that his administration remains steadfastly focused on its vision for Nigeria as encapsulated in the seven-point agenda and the vision 2020.

Realising the importance of following his promise with action, Alhaji Isa Bio, former minister of transport who was given the mandate to turnaround the fortune of the rail transport system in the country started an intense rehabilitation process in the sector had stated that the government will provide 100 locomotive engines before the end of the tenure of Yar’Adua in 2011.

Although Yar’Adua was not able to complete his tenure with his death in 2010 and Bio was also moved from the transport ministry to Sports Ministry, Goodluck Jonathan and Alhaji Yusuf Suleiman who succeeded them as President and minister were saddle with the mantle to complete the task

However, despite the promise of the minister to complete the purchase of 25 locomotives engines before the end of 2010, the year 2011 came with only five locomotives being shipped into the country.

Bio only succeeded in purchasing five locomotives before he was replaced with Alhaji Yusuf Suleiman during the demise of Yar’Adua and with only six month to the end the Yar’Adua/Jonathan administration, the target of 100 locomotives by 2011 is still far off despite the huge sum of money diverted into such project.

Change of Batons and effects

The transport sector has been going through several changes in leadership every year and those changes have a way of affecting the sector.

In the transport ministry, Mrs Diezene Allison-Madukwe was replaced with Bio in 2008 as the minister of transport, with Bio coming in, he started with a new agenda for the transport sector but was himself replaced by Suleiman in 2010.

In the Nigerian Customs Service, Hamman Ahmed was replaced by Bernard Shaw-Nwadialo as the Customs CG in 2009 after staying there within just a year while Nwadialo spent just three months before handing over to Abdullahi Dikko in 2009.

The Maritime sector was also not left out as Ade Dosunmu was replaced by Temisan Omatsaye as NIMASA director general in July 2009 with Omatsaye himself being replaced with Akpobolokemi in December 2010.

At the NPA, Abdulsalam Mohammed was recently replaced by Omar Suleiman as the Managing Director of NPA while Mr Adeseyi Sijuwade replaced Mazi Jetson Nwankwo at the NRC.

While all these changes was going on, there is still the fact that they have its effects on the transport ministry as each change of baton leads to a different change of plans and idea for the incoming sets.

Building the Ajaokuta Warri line and other rehabilitation project

With a tender sum to N31 billion to Messrs Julius Bergers (Nigeria) Plc and N2 billion for Team Consultant for the contract work of Ajaokuta-Warri rail line, and other rail work, the process of a rejuvenated rail system in Nigeria was expected to be really on track in 2010.

The scope of the Ajaoukuta-Warri project which initially was to cover the awarded contract of the completion of 22 km track distance left out of the 254Km Ajaokuta-Warri line has now been widened to accommodate the rehabilitation of the entire 254km of the Ajaokuta-Warri line.

There were also expectation of construction of six stations; reconstruction of undermined bridges and culverts; major remobilisation of the contractor to site and the security management.

There is also the rehabilitation contract of Lagos-Jebba which had been awarded to CCECC at the cost of N12.3 billion as approved by the Federal Executive Council (Fec) on October 7, 2009. The contract which was expected to be completed within 10 months is still ongoing.

Besides, there is also the contract awarded within the ambience of the holistic rehabilitation of the corporation such as the supply of 100 tones telescopic crane for the recovery of damage wagons and rolling stocks, lifting jacks and hydraulic jacks, coupled with the supply and installation of 100kva generating sets for mechanical workshop.

Rail concession

After an initial failed attempt to revitalise the rail system, the Federal Government under the tenures of former president Olusegun Obasanjo and Yar’Adua had shifted their minds on rail concession

The ministry of transport which announced the plan pointed out that there is need for modernization of the Nigerian Railway System which is still based on the prevailing technology at its inception early in the century.

According to the ministry, the needs are great, and the government is looking for investors.

There was much talk about the concessioning of railway sector in 2009. The activities of railway concessioning include remobilization of transaction advisers, electronic assets, register for NRC assets, concession project team, work plan for concession and re-structuring of the corporation.

The concession team was said to have completed negotiations with the transaction advisers and World Bank has issued “No Objection Certificate” for work to start off.

On the concessioning, update electronic registrar of NRC assets was also said to be completed in 2009.

According to laid-down plan, concession will be successfully carried out and completed on Eastern line by December 2010 while institutional and management restructure of the corporation will be completed in the first quarter of 2010, yet nothing has been heard about it.

Easing Lagos Traffic congestion

Giving the setup of the country, with Lagos being Nigeria’s most populous city, and becoming the centre of commercial and industrial activity, Traffic congestion has become a very daily thing, as vehicle moved at snail pace all over the State.

Movement in cities like Lagos is mainly road-based, either by private cars or rickety buses as statistics shows that there are 11 vehicles to every kilometres of road nationally while in Lagos there are about 222 vehicles to every kilometres and every efforts to solve this traffic debacle in the past had failed.

The Lagos traffic congestion has been linked to the activities of danfos and molues drivers who flout traffic regulations at will, pick up passengers in illegal places and abandon their vehicles when broken on the road to cause traffic snarl

The effect of this could be seen in the movement of goods and people in the country, causing significant waste of the city’s economic production resources

It is believed that with the arrival of the new locomotive engines and when the train is operational and effective in the country, it will be a great boost to the efforts at solving traffic congestion.

In 2010, analysis showed that a train which carry people from Okokomaiko in Lagos State to Marina carries a projected annual passenger capacity of 200 million people, while more than one million passengers could use the a train passing through Agbado to Marina daily.

It is an unrivalled fact that the Bus Rapid Transit (BRT) scheme, an initiative of Lagos State government and Lagos Metropolitan Area Transport Authority (Lamata), contributed greatly to the reduction of traffic as it was reported to have moved about 9.7 million people within the first 100 days of operation.

There has been the urgent need to redesign, expand and renovate the Nigerian railway into an efficient nationwide network serving both industrial and agricultural zones and facilitating development of the cash-crop economy in the hinterlands and a far-sighted approach is needed for dealing with the traffic snarls and urban sprawl in the new industrial and commercial zones across Nigeria.

Many had argued that if the country had only placed more emphasis to railway before, maybe the much sought solution to traffic congestion will have been finally found.

Looking ahead

Even thought the year 2010 had not been fulfilling for the transport sector, there is high hope that it has set a high target for itself in 2011.

Despite the drama being played out at the transport sector, the importance of the sector cannot be over emphasised.

2011: Bracing up for more litigation

By Felix Adewumi

Introduction

The year 2010 ended on a high note for the judiciary after the resounding ovation it received in its attempt to deliver justice without prejudice.

Notwithstanding the little drama during the suspension of Michael Aondoakaa from the rank of Senior Advocates of Nigeria (SAN) that almost tainted the image of the judiciary towards the tail end of 2010, the judiciary had really lived up to its expectation.

However, despite these notable achievements, Nigerians still look up to the judiciary and expects much from it in 2011.

Continuation of trials of alleged corrupt leaders

Nigerians have really expected the judiciary to as a matter of urgency conclude the trial of alleged corrupt leaders which has taken longer years to conclude

The trial of Chimaroke Nnamani former Enugu State Governor, Ayodele Fayose, former Ekiti State Governor, Rasheed Ladoja, former Oyo State governor, and James Ibori, former Delta State governor had been seen as a welcome development coupled with trial of some top Nigerians who have at one time or the other allegedly committed financial crime.

With the general election coming real fast and most of the former governors are warming up to join the political field is something to worry about.

Fayose is said to be eyeing the senatorial seat in Ekiti State while Ladoja want another shot at the Governorship seat of Oyo State meanwhile their case are still in court.

The fact that whenever these cases are being heard, people trouped into the court premises to watch the proceedings show the importance that Nigerians placed on the trial.

More worrisome is the fact that the most of these trials started as far back as 2007 and had been suffering various delay through frivolous adjournments.

The Economic and Financial Crime Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) coupled with the National Drug Law Enforcement Agency (NDLEA) had been having a field day in the prosecution of most of these people and result is expected to be arrived at in 2011.

Trial of bank chiefs

The end have definitely not have been heard of the trial of bank chiefs who were sacked from the by Lamido Sanusi, CBN governor as most of the bank chiefs are still gradually going through the case.

The arranged bank chiefs include Mrs. Cecilia Ibru of Oceanic International Bank, Mr. Okey Nwosu of FinBank Nigeria Plc, Mr. Sebastian Adigwe of Afribank Plc and Bartholomew Ebong of Union Bank of Nigeria.

Others include Francis Atuche of Bank PHB, Ojo Enaholo of Spring Bank, Ike Oraekwotu of Equitorial Trust Bank, and Chief Erastus Akingbola of Intercontinental Bank

Ibru who was sentenced to a cumulative imprisonment term of 18 months by a Federal High Court in Lagos for pleading guilty to charges bordering economic crimes after she forfeited assets worth N191 billion is expected to be out in the first quarter of 2011 since her sentence runs for six months concurrently.

The bank chiefs were arraigned on separate charges of over 131 counts bordering on fraud, concealment and grant of loans without adequate collateral running into about N625.95 billion and their trial has been one of the major test of the credibility of the judiciary.

Also arraigned were seven non-executive directors of Intercontinental Bank Plc including the Chairman, Chief Raymond Obieri, Hyacinth Enuha, Christopher Adebayo Alabi, Samuel Adegbite, Isyaku Umar, Bayo Dada and Sanni Adams.

Others were three bank debtors, Mr. Peter Ololo, who was arraigned alongside his company, Falcon Securities Limited, and Henry Onyemem and Niyi Opeodu who were arraigned with Ebong.

However, with most of the arraigned bank chief filing a separate suit at the Federal High Court challenging the power of CBN in removing them from their post, or filing different applications to subvert the suit, the stage seems set for an interesting turn of event in 2011

Election and the petition tribunals

It is no more news that election is expected to take place later in 2011, neither is it news that the Independent National Electoral Commission (INEC) has promised a free and fair election, but what will be news will be if the election was done without any electoral disputes.

2011 is expected to be busy for the judiciary as after the election, there is bound to be disenchanted people who had lost out of the election and will want to seek redress from the election tribunal.

When the tribunal started in 2007, what was unknown was the ability of the tribunals to arrive at a result and clear the air of all the illegality and irregularities that the election had brought, little did anybody know that the tribunals was set with a surprise for the nations when they began to correct the errors of the election.

The role of the tribunals in Ekiti, Ondo, Osun, Edo, Rivers, Anambra, Bauchi, Delta, had placed real trust in the judiciary to be able to do same in 2011 if election results go the same way as that of 2007

Call for the abolition of the SAN title

Controversy almost rocked the Nigerian Bar Association (NBA) in 2009 when a major debate over the retention or abolition of the rank of Senior Advocate of Nigeria (SAN) started.

The debate took centre stage during the national conference of the association, which took place when the motion for the abolition was spearheaded by a pressure group that called itself 'The Movement for the Abolition of the Rank of Senior Advocate of Nigeria and other Judicial Reforms' led by an octogenarian lawyer activist, Pa Tunji Gomez.

Among the reasons listed by the movement for their opposition to the rank are: that the SAN title now seems hereditary being passed from father to children with proponents of the agitation describing the privilege as unfair and tantamount to injustice to other lawyers; that the conferment confer undue advantage on selected few thereby making them superior to others; that members of the silk see themselves as a cartel within the legal profession; that the rank creates a dichotomy of lawyers in which a camp belongs to one group of exclusion few with privileges in exclusion of others which is unfair and unjust; and that the process of appointment to the rank is seen to be flawed and inadequate to identify those who really should merit such distinction.

However, the beneficiaries of the SAN title and their supporters disagreed with this posture claiming that the conferment of the rank is in recognition of hard work and commitment as well as honour and motivation for distinguished legal practitioners.

This argument continues in 2010 on a silent note but the suspension of Aondoakaa from using the SAN title may as well bring the issue into limelight again in 2011.

Looking Ahead

Presently, the confidence is being restored into the judiciary; the judiciary was no longer a tool for impeachment, and for passing unwanted decrees.

Under the democratic dispensation, the rule of law is gradually taking root, in the sense that things are being done according to law. The government is subjecting itself to law. All this bring some confidence in the court because at the end of the day, the right institution which determined whether there is rule of law or not, is the court.

Much is still expected from the judiciary, though it is believed that if the report of the Electoral committee set up by late Preseident Umaru Yar’Adua has been utilised efficiently, it will prevent any other electoral woe in the country.

The Judiciary in 2010: Correcting electoral woes

The Judiciary in 2010: Correcting electoral woes

By Felix Adewumi

Recent happenings have restored hope in the judiciary. Felix Adewumi X-rays the major event in the year and the role the judiciary played in the events.

Background

The year 2010 started on a high note for the judiciary just as the 2009 ended, notwithstanding the way the Judiciary Staff Union of Nigeria (Jusun) had threatened to paralyse court activities in the previous years.

With the uncertainty over the health of late president Umaru Yar’Adua when he was flown to Saudi Arabia in December 2009, the judiciary was still determined to play its part in the nation’s building.

The year 2010 consolidated on the achievements of the judiciary in the previous years was the year the judiciary won the heart of Nigerians by its resolute stand behind truth and justice.

No doubt the judiciary arm of government has large role to play in the sustenance and consolidation of democratic governance in Nigeria.

Since the events of Edo and Ondo States which brought Comrade Adams Oshiomole and Olusegun Mimiko to power in 2008, the judiciary had not looked back as it continues to discharge its duty without fear and bias.

Trials of corrupt leaders

One area where much is expected of the judiciary is when bigwigs with connection are facing trial for various offences. When in 2007, the Economic and Financial Crime Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) began to arrest top Nigeria political juggernaut, one worrying thought in the minds of Nigerians was how the judiciary will fully prosecute them without bowing to pressure from the authorities.

The trials of Chimaroke Nnamani former Enugu State Governor, Ayodele Fayose, former Ekiti State Governor, Rasheed Ladoja, former Oyo State governor, and James Ibori, former Delta State governor was seen as a welcome development coupled with trial of some top Nigerians who have at one time or the other allegedly committed financial crimes.

After the initial euphoria that greeted the trial of the former ex-governors, Nigerians were set for a different dimension in those trials after the trials were increasingly adjourned thereby causing delays.

The arraignment of Chief Olabode George, former chairman of the Nigerian Ports Authority, (NPA), and a chieftain of the Peoples Democratic Party, (PDP) in August 8, 2008, coupled with the speed at which the trial was concluded at the High Court of Lagos State is a great achievement which re-enforces the belief that cases could be heard within a period of one year rather than the traditional years spent on cases in Nigeria.

Most interesting was the fact that the Nigeria Judiciary did not allow itself to be stampeded in the George’s trial as Justice Joseph Oyewole defied the thousand supporters of George who trouped to the court premises on October 26, 2009 and found him guilty of allegation of N85 billion fraud at the NPA with inflation of contract, disobedience of lawful order and abuse of office.

Though Bode George is appealing his conviction at the Court of Appeal, Nigerians saluted the judiciary for its landmark judgement and are patiently waiting for the conclusion of the trial of other supposed corrupt leaders.

However, in 2010, the judiciary had been so dormant concerning the corrupt leaders, Fayose succeeded in transferring his case to Ekiti state from where it could best be regarded as over with even Fayose already gearing up to join the political race in preparation for 2011.

Other cases like that of Nnamani, Ladoja and Ibori have also dragged on

Upturning of Elections

Following the rapid upturning of 2007 elections by the election petition tribunals in some states in 2007 and 2008 where Governor Ibrahim Idris of Kogi State, Murtala Nyako of Adamawa, Amodu Sheriff of Bornu state, Ibrahim Dankingari, of Kebbi state were put out of office coupled with the sack of Olusegun Agagu of Ondo State and Professor Osaremen Osunbor of Edo State, and the order of a rerun in Ekiti in 2009, the year 2010 witnessed two major upturning of election.

In 2009, Ekiti state election petition tribunal upturned the election of Olusegun Oni of Ekiti State and ordered a rerun of election in the state.

Although, Oni defeated Kayode Fayemi in the rerun which was marred with violence and massive protest, the judiciary could not be blamed for ordering a rerun in the state but this points to the fact that the role of the judiciary is not finished in the state as Fayemi once more took the matter up at a newly constituted election tribunal to determine and just recently, the court of appeal finally sacked Oni and replaced him with Fayemi.

Just six months to the end of the tenure of Olagunsoye Oyinlola of Osun State, the Court of Appeal annulled his election and ordered that Aregbesola be sworn in as governor.

Earlier in March 2009, the Court of Appeal in Ibadan had ordered a retrial of the petition filed by Aregbesola.

Howbeit, in May 2010, a newly constituted election tribunal in the State again dismissed the petition of Aregbesola for lacking merit.

Not undaunted with the force against him coupled with the criminal charge levelled against him, Aregbesola headed to the Court of Appeal in Ibadan to appeal the judgement which he finally got in November.

Arraignment of bank chiefs

When on August 14, 2009, Lamido Sanusi, Central Bank governor announced the sack of five bank managing directors and ordered EFCC to effect that they be made to face the wrath of the law for their involvement in huge non-performing loans of their bank, many knew that the judiciary had a busy day ahead of it.

The events which heralded their trial shows how Nigerian expect more from the judiciary as it is expected to consolidate on their other achievements in the Bode George trials and other corrupt leaders.

The bank chiefs were arraigned in 2009 on separate charges of over 131 counts bordering on fraud, concealment and grant of loans without adequate collateral running into about N625.95 billion and their trial has been one of the major test of the credibility of the judiciary.

The arranged bank chiefs include Mrs. Cecilia Ibru of Oceanic International Bank, Mr. Okey Nwosu of FinBank Nigeria Plc, Mr. Sebastian Adigwe of Afribank Plc and Bartholomew Ebong of Union Bank of Nigeria.

Others include Francis Atuche of Bank PHB, Ojo Enaholo of Spring Bank, Ike Oraekwotu of Equitorial Trust Bank,

Chief Erastus Akingbola of Intercontinental Bank who in 2009 went into hiding. He later gave himself up in 2010 and has since been arraigned alongside the other bank chiefs

Also arraigned were seven non-executive directors of Intercontinental Bank Plc including the Chairman, Chief Raymond Obieri, Hyacinth Enuha, Christopher Adebayo Alabi, Samuel Adegbite, Isyaku Umar, Bayo Dada and Sanni Adams.

Others were three bank debtors, Mr. Peter Ololo, who was arraigned alongside his company, Falcon Securities Limited, and Henry Onyemem and Niyi Opeodu who were arraigned with Ebong.

In September, Mrs Ibru entered a plea bargain with the EFCC and gave up properties and assets valued at N191 billion and in the process, she bagged an 18 months imprisonment.

Other cases are still going on though most have suffered several adjournments.

Aondoakaa’s role and nemesis

During the uncertain periods when Yar’Adua was in Saudi Arabia, Michael Aondoakaa, then attorney general of the federation played a great role in thwarting the efforts of the judiciary in allowing the rule of law to take precedent.

Aondoakaa said to be the custodian of the law by virtue of his position did not help matters as he disobeyed many court orders given on Yar’Adua’s ability to lead.

He finally caved when Yar’Adua’s death was announced yet the damage has been done, he had ridiculed the judiciary with his position

A Federal High Court sitting in Calabar, Cross River State, had in early June, restrained Aondoakaa from holding the office of the AGF or any other similar public offices in the future in Nigeria.

It had, therefore, advised the government to always consider Aondoakaa unfit and incompetent to hold public offices because of his conduct while serving as AGF.

Besides, the United States Government on July 1, 2010 confirmed that it had barred Aondoakaa, from entering its territory.

A precedent was set when the Legal Practitioners Privileges Committee slammed a two-year ban on Michael Aondoaaka, former Attorney-General of the Federation and Minister of Justice and stripped him of the rank of Senior Advocate of Nigeria (SAN)

ADR to the rescue of court congestion

For some time now, there has been the canvassing for the adoption of Alternative Dispute Resolution (ADR) in settling court disputes.

ADR is said to relieve court congestion, and prevent undue cost and delay, enhance community involvement in dispute resolution, facilitate Access to Justice, and provide more effective Dispute Resolution

Bearing in mind that the Federal Government has the vision 2020 in mind while the Lagos State government planning the Lagos Mega city project, investors are bound to move into the country in 2009 to invest and participate in the project.

No doubt there is bound to be disputes between arsing from such participation if one party feels not too comfortable with the policies and programmes of the other party

The role of ADR here is very important. Over the year, states and other bodies had begun to embrace ADR as an effective approach to settling their dispute rather than spend long years in court.

The negotiation Conflict and management Group (NCMG) organised its fifth NCMG African ADR Summit in November 2010. This theme of the summit centred on how ADR can be used effectively to settle Election disputes.

The presence of highly placed people at the summit shows the readiness of Nigeria in particular and Africa as a whole to embrace ADR.

Disrobing a SAN: the Aondoakaa’s case

Disrobing a SAN: the Aondoakaa’s case

By Felix Adewumi

Background

A precedent was set when the Legal Practitioners Privileges Committee slammed a two-year ban on Michael Aondoaaka, former Attorney-General of the Federation and Minister of Justice and stripped him of the rank of Senior Advocate of Nigeria (SAN)

Before this, the issue of SAN had generated a lot of controversies for a long time and came into fore front when Pa Tunji Gomez, an Octogenarian called for the abolition of the title at the 2009 annual conference of the Nigerian Bar Association (NBA).

Many believed that the SAN title has been compromised and felt it should be scrapped to give a fair landing to the legal profession while others believed it should be left as it is.

The ban given to Aondoakaa and its implication on the Nigeria legal system brought the issue into fore front again.

SAN as a demigod

The SAN title was borrowed from the British where they have the Queen’s Counsel (QC). This started when Nigeria legal system felt the need to create the equivalent of QC and came out with Senior Advocate of Nigeria (SAN).

It is the highest title that legal practitioner could have, it is most celebrated and have certain advantages, they wear silk gown, sit in the front row in court and have their cases heard first.

This honour was even sometimes accorded to them by the judge as some of the judges were sometimes accused of swaying judgement to the sides of the SAN handling the matter.

The SAN title is so revered that some lawyers with the SAN title now see it as an equal footing with the power that be. It is not uncommon to see a Senior Advocate coming to court with an array of about 13 young lawyers all following him from behind and carrying over 100 giant law books, constitutions, law reports and rules just to show their status.

It is also not uncommon to see a senior advocate stand up before a judge and say, “My Lord, I don’t have much time here since I have other cases to handle so I ask for adjournment” and despite the protest of the other lawyer who is not a SAN, the judge will go ahead and grant the adjournment to the convenience of the SAN.

It will also be foolhardy for a younger lawyer to try and ask for adjournment when the Senior Advocate is ready to go on in any matter.

This discrepancy had been one of the factors responsible for the call for the abolition of the silk title with younger lawyers feeling they ought to be given the same privileges as the senior advocates.

Professor Akin Oyebode, former vice chancellor of the University of Ado Ekiti and a lecturer of the University of Lagos felt SAN has become like a family inheritance and the younger people are not very happy with it.

“You now need a godfather to be a SAN and many of the people being given the title did not command the respect of their peers. Look at somebody like Gani, it became almost too late before they decide to honour him with the title, look at Femi Falana, how can you mention 10 names in the legal profession today and omit Femi Falana? then that list is not complete. And the people are watching” he said

He pointed out that Nigeria must be extremely circumspect in giving the highest title to people, because the title will lose its lustre and prestige if they start giving it to just any person.

Moreover, Chief Abiodun Dabiri, former Chairman, Lagos branch of the Nigerian Bar Association and member, National Executive Council (NEC) and the National Disciplinary Committee of the NBA, said lots of people are going for this title not because they are competent or qualified or they want to improve the image of the profession or they want to develop the law or whatever it is but because they are going there for pecuniary reasons

“They are thinking that if I become a SAN, I will be getting money, people will be calling me SAN and then when a case comes, I will charge them N10 million, that is what they are going there for.

Abusing the SAN title: between Bayo Ojo and Aondoakaa

Adding the position of the attorney general of the federation to the title of a SAN may actually give a personality to position of a demigod going by happenings in the legal system since the advent of democracy in Nigeria.

Chief Bayo Ojo, a senior advocate and a former attorney of the federation during the Olusegun Obasanjo regime as the president certainly escape the watching eye of Nigerians with the way he used his two positions to influence events during his time.

Ojo infamously ordered a status quo to remain despite a court order which has removed Alao Akala as governor of Oyo State and installed Ladoja. He used his position as a senior advocate and minister of Justice and his order was obeyed.

He was also instrumental to the Anambra case and some other cases where after a court judgement, he try to dare the judgement by issuing a statement saying the Federal government is still studying the judgement.

When Aondoakaa came on board at the Yar’Adua regime, he started playing the role left behind by Chief Ojo.

Mr Aondoakaa was better known as an attorney for corrupt ex-Governor and found himself in the exalted position of both the Minister of Justice and the Attorney General of Nigeria.

Since assuming the office as the number one law officer for Nigeria, he has systematically under the guise of upholding the rule of law, dismantled the little gain Nigeria has made in the effort to control corruption in public places.

He has sought to weaken the hands of progressive institution in Nigeria like the EFCC, by threatening to take over or discontinue cases initiated by other agencies that he deems against the rule of law.

From the beginning, Aondoakaa did not hide his ambition to severely clip the wings of EFCC and Nuhu Ribadu, its then chairman.

His move started barely a month after his appointment in July 2007, when he submitted a memo to the President requesting “that all agencies involved in the prosecution of criminal offences such as the EFCC and ICPC should report and initiate criminal proceedings with the consent and approval of the Attorney-General of the Federation as specified in relevant sections of the Constitution.”

He started making use of his office when Ribadu made move to prosecute James Ibori, former Governor of Delta State, reputed to be a close friend of Aondoakaa, and the person who actually recommended him to President Yar’Adua for the position of Attorney General.

In February 2009, only weeks after Ribadu was dismissed from the Nigeria Police Force, Aondoakaa filed charges against him, before the Code of Conduct tribunal, alleging that he did not declare his assets upon assumption of duties as EFCC chief, as required by law.

Consequences

Following the removal of Aondoakaa from his position ans his subsequent sack by President Goodluck Jonathan, it all seems that the law of nemesis was ready to catch up with him,

A Federal High Court sitting in Calabar, Cross River State, had in early June, restrained Aondoakaa from holding the office of the AGF or any other similar public offices in the future in Nigeria.

It had, therefore, advised the government to always consider Aondoakaa unfit and incompetent to hold public offices because of his conduct while serving as AGF.

Justice Adetokunbo Ademola, who delivered the judgment, had also referred the ex-minister to the Nigerian Bar Association for appropriate disciplinary action.

The judgment was on a suit filed against Aondoakaa by the Peoples Democratic Party candidate for Uyo Federal Constituency, Akwa Ibom State, Mr. Emmanuel Obot.

Besidres, the United States Government on July 1, 2010 confirmed that it had barred Aondoakaa, from entering its territory.

The US Embassy in Abuja, through one of its top officials, confirmed that the former AGF and his family had indeed been barred from entering the United States.

Reading from a prepared text on the telephone, the diplomat said, "The United States has indeed revoked the visa of the former attorney-general of the federation and minister of justice, Mr. Michael Aondoakaa, pursuant to Presidential Proclamation 7750, which provides authority to deny entry to the United States to persons with links to corruption."

the judgment of the Federal High Court, and the declaration of his person as persona non grata for offences relating to corruption and the consequent revocation of his entry visa by the American Government earlier in the year was a factor leading to the suspension of his Silk title for two years.

Reactions

Barely days after the suspension, the Nigeria Bar Association (NBA) kicked against the suspension saying it did not follow due process and it was done by the wrong body.

Whgile calling for the reversal of the decision, NBA in a statement signed by Joseph Daudu its president, said the statutory body responsible for such disciplinary measures is the Legal Practitioners Disciplinary Committee (LPDC) and not the Legal Practitioners Privileges Committee (LPPC), which issued the suspension.

On the argument that the privileges committee possess powers to remove its appointees from office, just as it is empowered to appoint, the NBA stated that the Legal Practitioners Act, under the maxim Generalia Specialibus non derogant, displaces ‘the general' as it "does not envisage a withdrawal, removal or suspension of the rank of Senior Advocate of Nigeria" citing Section 5-(1)-(8) and 6 of the Legal Practitioners Act.

The association stated that the rank of SAN is a leadership position, conferred only on persons who have shown exemplary character and, consequently it can only be taken away where another statutory body, the Legal Practitioners Disciplinary Committee, adjudges the person accused of infamous conduct or breach of any of the rules of professional conduct.

The NBA president said the LPPC, notwithstanding its eminent membership, "cannot and is not equipped to deal with matters of discipline."

He added that the LPPC's foray into "looking at matters of the discipline of a lawyer under the guise of suspending a person of the rank of SAN is ultra vires, illegal, unconstitutional and therefore null and void."

"We stand for the promotion of the Rule of Law and regardless of the personality of the person involved herein, we cannot acquiesce to a situation where a person, legal practitioner and senior advocate is punished even before the allegations are established against him, moreso by a body that clearly has no jurisdiction to inquire into matters of alleged breach of professional ethics," the NBA president said.

Corroborating the views of NBA, Chief Dabiri said the Privileges Committee has no right to suspend Aondoakaa.

Though Dabiri accepted that Aondoaaka’s antics are disgraceful but as far as the law is concerned, the committee have no power to do it.

According to him, it is only the Disciplinary Committee that can do that, if the Disciplinary Committee feels that his name should be struck out of the register and that is the end of his title.

“I know that Aondoaaka disgraced his office as AGF. He wasn’t a law officer at all. He was more of a politician and he carried it a bit too far, too far. At the same time, I am saying the Privileges Committee has no power to withdraw or suspend it” Dabiri said.

Conclusion

While Aondoakaa serve his two year-ban, the issue of the abuse of the SAN title also comes into focus. The call for the abolition of the title is gradually gaining momentum again.

It is important that the process of choosing the title should be looked into with the agitation for a reform in the way and manner that the selection is done.

DSTV Mobile: A promo gone awry

DSTV Mobile: A promo gone awry

By Felix Olukunle Adewumi

When MTN announced that they are coming out with an initiative in partnership with DSTV to bring out mobile edition of cable television, many do not believe it can ever be realistic.

The low cost of the phone with the one year free subscription makes it more suspicious, knowing the way the Nigeria corporate world compete with each other in other to woo more customers.

The fact that super sports 3; the sports channel where most premier league matches are shown is among the channel did not help matters. A lot could not believe that MTN who is notorious for not being able to give out anything free to its consumers since its invention.

In fact many believe that most of the promos of the telecommunication giants in Nigeria is a way of giving to people with one hand and taking it back with the hand.

The eye-catching area of the DSTV Mobile edition was the fact that they made available mouth-watering channels like Super Sports 3, Super Sports 9, Super Sport Blitz, Africa Magic, Magic World, Big Brother Africa, Channel O and CNN among others as part of the 11 channels available in the mobile edition.

After overcoming the initial sceptic about the mobile edition, trust Nigerian, they quickly rush to purchase the phone even as the 2010 World Cup approach but with the prospect of HiTV still having the majority right of the England Premier League, there was no way MTN could market the mobile edition for the premiership.

However, luck shone on the partnership between the duo when HiTV suddenly developed cold feet and decide not to continue its coverage rights thus allowing DSTV to take majority rights of the Premier league.

MTN saw this as an opportunity to sell the mobile edition. Adverts were coming out with great intensity and MTN sales girls travel round in an attempt to put the phone into the heart of Nigeria.

There was also a great improvement when MTN lobbied Nokia into the partnership after its first edition of DSTV mobile (Zedge Phone) was not well received by the people.

With the Triumvirate of DSTV phone, Nokia and MTN, the DSTV Mobile was set to be a major initiative and a hit in the Nigeria telecommunication market.

However,after having gained from the rate at which people rushed the DSTV Mobile phone, MTN threw the first joker when they suddenly remove Super Sports 3 from the mobile edition, All efforts to get them explain the rationale behind the removal prove abortive as all they could offer was to replace it with Super Sports 7, a channel which shows only one premiership match weekly.

Not satisfied with the situation, lots of Nigerians threatened to abandon the phone since most people buy the phone for the lure of watching premiership matches.

Shola Oluferanmi, a student of Unilag who is a die-hard premiership fan could not hide his disappointment at what he described as the deceit being given to unsuspecting Nigerians by the corporate bodies just in an attempt to sell their product, stated that he is waiting for the end of the Big Brother Africa Programme being aired in one of the channels to know what to do to his phone.

Oluferanmi was not then surprise when just a few days later, the Big Brother Africa ended and MTN wasted no time in yanking off the channel from the list and replace it with Sound City.

Many wonder why MTN would go to the length of advertising Super Sports 3 to entice subscribers when it knew that it could not offer it to Nigerians.

Samson Oludare, an engineer who have always been sceptical about the ways of the corporate worlds handle their promos in Nigeria had predicted that MTN had a game plan when they came out with the DSTV Mobile.

“I know MTN, they don’t give something out for free and they are a stingy type of network, when they introduced the Mobile edition, I was not fooled because I know they are up to their trick again, so when they started removing the best channels and people started complaining I just laugh within me. How can you expect MTN to give you something like that for free” he said.

A quick survey shows that lots of people are quickly changing phones and dumping the DSTV mobile phone while others who keep the phone are waiting for the end of the one-year free subscription to dump it for a better phone.

“I do not think I will ever make that mistake of buying any thing MTN is trying to sell, I do not believe them and I am not prepared to believe them for anything, they are treacherous. I wonder why our regulatory body allow such act from them” Moses Ugwu, a business man said.

MTN had even find a way of covering their track in their recent adverts for the DSTV mobile edition where the Super Sports 3 and Big Brother was conspicuously omitted and Super Sports 7 with Sound City being included in the list.

Mrs Deborah Ajetumobi, one of the first persons to buy the DSTV mobile at the onset explained how out of her annoyance at the deceit she gave the phone out to her niece as the sight of the phone makes her angry with MTN all the time.

“Can you imagine me buying the phone and getting to watch NTA, Cartoon Network, TBN, Channel O, and Sound City? All those ones I get them on our daily local channels at home, even AIT show better program so why will I watch the one on the phone? Even the number of channel they put on the phone is too small” she fumed.

All efforts to get MTN to talk on the promo prove abortive as most sales point where they are being sold now has stern looking marketers who are never ready to answer any question on the phone.

One wonders the next move the telecommunication giants is planning and what will later become of their partnership once Nigerians have gotten enough of the gimmick, but until then, MTN, Nokia and DSTV can still bask in the euphoria that they are the only partnership that brings DSTV mobile to Nigeria.

Election Annulment and INEC dilemma

Election Annulment and INEC dilemma

By Felix Adewumi

Introduction

When the Court of Appeal annulled the Election of Olagunsoye Oyinlola of Osun State and installed Rauf Aregbesola as the governor, there were jubilations in every corner where progressives are and people who believed that they were robbed of the victory in the first place.

However the annulment had once again constituted another dilemma for the Independent National Electoral Commission (INEC) as it added Osun state to the list of headache the electoral body is expected to deal with.

When the tribunal started, what was unknown was the ability of the tribunals to arrive at a result and clear the air of all the illegality and irregularities that the election had brought, little did anybody know that the judiciary is set with a surprise for the nations when they began to correct the errors of the election.

A fact is becoming obvious from the spate of election annulment in some states in Nigeria, INEC has a difficult task ahead of them as they tends to balance the various elections times table in Nigeria starting from the Anambra State election.

States like Anambra State, Edo State, Delta State, Ekiti State, Ondo State Osun State and Rivers State may not participate in the 2011 gubernatorial elections as the annulments of election in those states brings out the possibility of the new governors’ term starting from the date of annulment.

Correcting INEC anomalies

Perhaps, one of the most interesting things in the judiciary was the role of the tribunal in correcting most of the election woes. About two months after the tribunal commenced sitting, the expected results starts coming in.

Governor Ibrahim Idris of Kogi State received the knock when the Kogi State tribunal nullified his election and ordered that a fresh election be conducted in the state. Before Idris could recover from the shock of the election, the axe also fell on the Murtala Nyako, governor of Adamawa, Amodu Sheriff, governor of Bornu state and Ibrahim Dankingari, governor of Kebbi state.

However, Idris and other governors saved INEC blush as they won the re-run elections in their states.

Though some might query the decisions of the tribunals and chose to challenge it, just as Kebbi State governor did and won at the court of appeal, yet the judiciary should be commended for their unflinching stance.

Other elections were also nullified, some senators lose their seat with the outcome of the tribunal, house of representative members as well as house of assembly members also lost out.

Dateline – Anambra election

The INEC election drama started Anambra state during the Chris Ngige saga when after a series of power play, the Court of Appeal suddenly dismissed the election of Ngige and ordered that Peter Obi of the All People’s Grand Alliance be sworn in governor after Ngige had already spent three years in office.

Dr. Ngige’s last minute effort of appealing against the decision of the tribunal could not produce the desired result.

However problem started when INEC made an attempt to conducted an election in the state overlooking the tenure complicity the annulment of the election had caused, this made Obi not to seek election but rather head to the court to seek interpretation of his terms of office.

However, while the case was in court, INEC gambled with election in the state and Andy Uba, a Peoples’ Democratic Party (PDP) candidate won the election and was sworn in while Obi battle on in the court.

After series of arguments at the court which extended as far as the Supreme Court, the Supreme Court judgement returned Peter Obi as Governor of Anambra, thereby displacing Uba.

That Peter Obi’s judgement became a landmark judgement in which other states lean upon when they win the tribunal judgement in their state.

Rivers imbroglio

INEC shot itself in the foot when it disqualified Rotimi Amaechi from contesting in the 2007 gubernatorial election in Rivers state. An election in which Celestine Omehia later won

The disqualification of Amaechi by INEC was something that called for legal interpretation. Amaechi fought it out from the lower court to the Supreme Court, he never relented until he got his victory when the Supreme Court ordered that he should be sworn in as the governor of Rivers

Though Amaechi was defeated at the lower court, he still had the faith in the judiciary in arriving at a logical conclusion.

The Rivers State decision was a real embarrassment to INEC as it even more discredit as a body capable of overseeing any election in the country

Edo and Ondo palaver

After a lull in the tribunal following the Amaechi and Obi’s landmark case, INEC was put under the hammer once more when the Court of Appeal upturned the election Professor Osaremen Osunbor of Edo state and ordered that Comrade Adams Oshiomole be sworn in.

Ondo state was a beneficiary of such judgment after the Court of Appeal in 2009 also sacked Olusegun Agagu and replaced him with Olusegun Mimiko who was said to have won the election in the first place.

The direct order of the Court of Appeal was a hard knock on INEC and the face saving talk of Professor Maurice Iwu, the then INEC chairman could not salvage the truth that INEC face a daunting task in telling Nigerians that it is ready for the task ahead.

Saving INEC blush in Ekiti state

A major event in the 2009 election petition tribunal was the upturning of the election of Olusegun Oni of Ekiti State where the Election tribunal ordered a rerun of election in the state.

Although, Oni defeated Kayode Fayemi in the rerun which was marred with violence and massive protest, the judiciary could not be blamed for ordering a rerun in the state but it only point to the fact that the role of the judiciary is not finished in the state.

Out of desperation to justify the fact that Oni won the election, Mrs Adebayo Ayoka, the resident Electoral commission chairman in the state, suddenly played out a well rehearsed drama after initially failing to announce the election result and later backtracked and announcing a result where Oni was said to have taken most votes in a local government to complete his result and thereby winning the rerun.

Fayemi once more took the matter up at a newly constituted election tribunal to determine and just recently, the court of appeal finally sacked Oni and replaced him with Fayemi thus Fayemi started a fresh 4-year term.

The Ekiti tribunal also played is role when it upturned the election of Senator Femi Kila after it was discovered that he was not validly elected and also ordered a rerun in the election of Senator Ayo Arise who eventually won the rerun.

Osun Debacle

Just six months to the end of the tenure of Olagunsoye Oyinlola of Osun State, the Court of Appeal only recently annulled his election and ordered that Aregbesola be sworn in as governor.

This has once more renewed the call for a review of the judicial system so as to help INEC in coming elections

Mr Wahab Shittu, a Lagos Lawyer stated that justice delayed is justice denied, the long period this is taking before justice is gotten in Nigeria is an indictment on the justice system. This should not be allowed to continue.

Shittu also reiterated the call that for reform of the justice system stating that the judiciary ought to be tinkered upon so that future cases can be decided upon in time.

Echoing the call of Shittu, Mr Ebun Adegboruwa, a Lagos lawyer stated that the judgment itself constitutes an embarrassment to the legal profession, the judiciary and Nigeria as a whole as it shows how slow the judiciary is.

Adegboruwa also expressed his displeasure over the fact that the judgement was coming just days after the times table for the 2011 elections have already been released and contestants have already been warming up for the election.

“It is so heartrending to note that judgement is coming after the time table for the coming election has been released and contestants are already emerging. The court of law should be reformed to ensure that petitions are heard in time” he said .

Jega’s Herculean Task

Professor Attahiru Jega, the INEC chairman was appointed with a burden of responsibility; to correct most anomalies of his predecessor as well as give INEC a new image.

Right now, Nigerians cannot trust INEC on election matters even after watching the way Jega has at various time changed the 2011 election timetable as well as even try to change the election date.

Already INEC are getting ready for the election period but it is not forgetting the fact that election might be conducted every year and every months after 2011 following the several annulments that have taken place in the states, national assemblies, State Assemblies and local government seats if issue of tenure is to be taken into consideration.

A local government chairman who was recently sworn in after the tribunal ordered that he was the winner of the 2008 local government election was said to have pointed out that he is starting a fresh term.

These and others are the dilemma faced by INEC coupled with the fact that the whole world is watching out for a free and fair election in 2011.