LAW AND ECONOMICS ARE INTERTWINED * *

There is a visceral and natural link between law and economics. We need law to make business; we need law to drive economics; we need economic methods to measure law. But the Law and Economics School had little success within Africa academia in the last century.

We were too busy saying that the Law must be obeyed because it is the Law. Students forgot to ask why the Law was the way it was. What were its objectives? Did it manage to attain them? What were its effects? We forgot to ask the reason behind the laws until the reason vanished. The law became a moral/political opinion, something which, like opinions, is neither right nor wrong, but nonetheless must be obeyed.

**We need to be as precise as possible when it comes to Law. **

But Law is not opinion. If Law and Economics can teach us anything, it is that the law is – to a certain extent – measurable, and its impacts are quantifiable. We can do math with law. We can answer questions like: _ What will be the impact of this statute? Did it achieve the effect we wanted it to have? What do we need to enact to have effect X on the economy? What are the best provisions to boost economic life? How are judges going to settle that matter? _

We, the Africans and Nigerians alike, don't know how to answer these questions. We, the lawyers, have too often applied the non scientific - humanist approach to the legal field. After all, we have chosen to go to Law School also because we loathed math.

Now We Have the Future is taking Law & Economics to Europe. They are giving it back to the people, and they are making it simple, practical, and usable. The question is when will Law & Economics start in our indigenous Universities in Nigeria.

Prof Oba Nsugbe: How to achieve judicial excellence

Why does judicial excellence matter, and what are the key areas in which changes may be made to maintain progressive improvements?
There were some of the questions a Senior Advocate of Nigeria (SAN) and Queen’s Counsel (QC) Prof Oba Nsugbe sought to answer at the Sixth Annual Business Luncheon of a law firm, SPA Ajibade & Co, where he delivered a lecture on the topic: The future of legal practice in Nigeria – achieving judicial excellence.

Judges, he said, played unique roles in the society: they are the “litmus test” by which social conscience can be judged; are the guardians of hard won freedoms; are the last defence for the oppressed and are ambassadors in and outside the court.
Even though they are also faced with challenges of chronic transportation problems, poor infrastructure, chronic power outages, difficult working conditions, corruption, among others, judicial officers must continue to represent “the public face of justice,” Nsugbe said.
Despite efforts at achieving judicial excellence, the professor said a high number of cases remain bogged down by bureaucracy, inefficiency and needless technicalities; cases are adjourned at last minute without any proper justification; judges do not sit when they should, while some give “unusual” and “unexpected” judgments that fly in the face of facts.
To achieve excellence, therefore, there must be changes, beginning from the way judges are appointed. Only the best candidates should apply, and the system must be robust enough to select them, he said.
“Nigeria’s system of judicial selection and appointment is in drastic need of an overhaul,” he said, adding that it is time to revisit the base qualifications and criteria for appointments.
Nsugbe recommended the devising of more robust systems for testing the required competencies of applicants.
“In my view, there is an over reliance on a rather opaque system of nomination and references. Theses processes of selection are notoriously unreliable as they tend to rely upon a high degree of subjectivity,” he said.
Other ways of achieving excellence, he said, was to make the job of judge even more attractive to an aspirant practitioner. “For example, how often do we see the top SANs applying for judicial appointments in Nigeria?”
He also called for the introduction of a system of “trainee judges” or recorders, such as is done in the United Kingdom where leading practitioners act as part-time judges in the Crown or County Court, which affords them an opportunity to test their aptitude and ability to become full times judges.
In addition, Nsugbe said there was need for better quality assurance by developing a culture of review and constant improvement; training and provision of other support resources for the judiciary.
The bar also has a role to play, as it represents the principal source of future appointments to the bench and bears a solemn duty of care to the court and to judges, Nsugbe said.
He urged legal practitioners to be more concerned about the way the judiciary is perceived, adding: “Let us re-examine the way we practice and give decisions.”
Akaahs said judicial appointments should go beyond politics. Only people who are knowledgeable, hard working and honest should be appointed through a more transparent process.
A judge of the Lagos State High Court, Justice Lateefa Okunnu, said to persuade a judge, lawyers should have excellent communication skills.
She said it was important that judges s attend trainings and refresher courses aimed to achieve judicial excellence.
Justice Mohammed Idris of the Federal High Court, Lagos, said particular attention must be paid to undergraduates. “The future of the legal profession can be protected from the foundation,” he said.
He called for innovative in creating judicial excellence by teaching junior members of the bar how to practice law. According to him, ethics is downplayed, while social values are undermined.
Chief SPA Ajibade founded the firm in 1967 in Ibadan, Oyo State. Its Principal Partner, Dr Babatunde Ajibade (SAN), said the luncheon is the firm’s contribution to national building.
“This is our contribution to the development of Nigerian judiciary and part of our corporate social responsibility for the development of the legal profession,” he said.

NIALS CONFERRED FELLOWSHIP ON OLANIPEKUN, DAUDA OTHERS

The Nigerian Institute of Advanced Legal Studies (NIALS) has conferred its fellowship on two former presidents of Nigerian Bar Association (NBA) Chief Wole Olanipekun (SAN) and Joseph Daudu (SAN).
Others are Prof. Awa Kalu (SAN), Damian Dodo (SAN), pioneer chairman of the NBA Section on Business Law (SBL) Mr. George Etomi, and Justices Tanko Muhammed and Mary Odili of the Supreme Court.

NIALS Director-General, Prof. Epiphany Azinge (SAN), said the institute’s fellowship is only conferred on lawyers who have made meaningful contributions to law and have assisted it in fulfilling the dreams of its founding fathers.
“As a Fellow of the institute, one is automatically part of the faculty of the Institute. In this regard, a Fellow is expected to participate in the scholarly programmes and activities of the institute and of the institute and advise management on the best ways to achieve international standards.
“Fellows are also entitled to oversight activities of the institute and act as Ambassadors of the institute have been engaged in independent scholarly conversation on some burning issues of national importance.
“Just recently at the Festival of Legal Scholarship organised by the institute in October 2013, Fellows of the institute participated actively in the conversation on standard of legal education in Nigeria and the views canvassed and arguments preferred undoubtedly enriched the whole proceedings.”
The conferment/Lecture is coming on the heels of two important activities of the institute. On December 4, President Museveni of Uganda delivered the Convocation Lecture.
Azinge said: “For us, it was as epochal as it was historic because for the first time in the 34 years’ history of the institute, a sitting President of a sister African country delivered the Convocation Lecture of the institute.
“Also, on December 7, 2013, history was made when the institute produced its first set of PhD graduates with the conferment of Doctor of Philosophy in legislative drafting on two well-deserving candidates.
“This conferment presents a platform for us to chronicle some achievements of the institute in the year under review. Our socio-legal research has proved highly successful, particularly our Restatement of Customary Law. “
He continued: “The Centenary Law Summit has been internationally applauded as the best scholarly engagement by any tertiary institution this year. So, also is the Festival of Legal Scholarship adjudged locally and internationally as the most innovative and brilliantly conceived programme globally this year. “
He also said the institute publishes 20 peer reviewed journals of international standard and this were miles ahead of any institution. He added that the public lectures, roundtables, books had contributed to raising the status of the institute to an enviable position.
He added: “The institute is proud to confer its highly coveted fellowship on jurists, legal scholars and luminaries who have contributed immeasurably to shifting the frontiers of law in this country.
“These illustrious sons and daughters of Nigeria in many ways than one have over the years identified with the activities of the institute either by delivering public lectures or by helping out as resource persons in our annual capacity building programmes.
“The institute is immensely proud of their contributions and believes that by acknowledging their efforts through conferment of fellowship, it will ginger them to continue to participate and identify with activities and programmes of the institute.

Legal restrictions to sale, advert of drugs

Preserving the health of the nation requires the need for a strict control of the manufacture, sale and advertisement of drugs.

This is because drugs are special commodities which could save or endanger the life of the consumer depending on how they are used.

In realisation of this, government all over the world usually put in place some degree of control over dealings in drugs.

The objectives of pharmaceutical legislation can be summarised as follows:

•To provide rules and regulations which will ensure that only people with the necessary training, qualifications and experience handle various operations associated with pharmaceuticals.

•To ensure that possession of any given pharmaceutical license is in accordance with laid down rules and regulations.

•To protect the ordinary citizen against the dangers of drug abuse, drug resistance, substandard drugs and drug adulteration.

There are various legislations regulating and controlling drugs in Nigeria and these includes:

The food and Drug Act cap 150 LFN 1990; the National Agency for food and Drug Administration and control (NAFDAC) Act No 15, 1993 the counterfeit and fake Drugs (Miscellaneous provisions) Act Cap 73 LFN 1990; The National Drug formulator and Essential Drug list Act, Caps 257 LFN 1990; THE Drug and related products (Registration etc) Act No19, 1993, the pharmacists council of Nigeria Law No 91, 1992; the dangerous Drug Act Cap 91 LFN 1990, THE National Drug Law enforcement Agency Act Cap) 253 LFN 1990; And Pharmacy Law of various states particularly, Lagos State.

Definition of drugs

Section 20 of the food and drug Act Cap 150 LFN 1990 defines drug to include any substance or mixture of substance manufactured, sold or advertised for use in:-

•The diagnosis, treatment, mitigation or prevention of any disease, disorder abnormal physical state or the symptoms thereof in man or in animal.

•Restoring, correcting or modifying organic functions in man or animal.

•Disinfections, or the control of vermin, insects or pets or contraception

It has to be noted here that section 30 of NAFDAC Act also defines drug in similar terms.

Possible offences

•Sale of drugs in prohibited places:

Section 2 (1) of the counterfeit and fake drugs (miscellaneous provisions Act Caps 73 LFN 1990 makes it an offence to hawk, sell or display for the purposes of sale, any drugs or poison whatsoever in any market, kiosk, motor park, roadside stall, bus, ferry or any other means of transportation or other place not duly licensed or registered for the purpose of sale and distribution of drugs or poison.

It has to be noted that an offence under this section does not depend on the nature or quality of the drug in question but on the place of sale.

•Manufacture and sale of fake adulterated and substandard drugs:

Section 1 (2) of the food and drug Act makes it an offence to sell any drug which is adulterated.

However, the counterfeit and fake drugs (Miscellaneous provisions) Act is more general in contest.

It prohibits the manufacture importation, sale, distribution, display for the purpose of sale any counterfeit, adulterated, banned, fake substandard or expired drugs. Infact, merely being in possession of the prohibited drugs is also an offence.

•Offences relating to advertisements:

It has to be noted that the food and Drugs Act and the Drugs and related products (Registration) Act prohibits certain advertisements.

Section I of the Drugs and related products Act provides that no drug or drug product shall be advised in Nigeria unless it has been registered in accordance with the provisions of the Act.

Section 2 of the Food and Drugs Act prohibits advertisements of drugs represented as treatment or prevention of the diseases specified in the first schedule to the Act. Altogether about sixty five diseases and disorders are listed which includes, Alcoholism, cancer, obesity, sleeping sickness and loss of youth. A possible reason advanced for the prohibition of advertisements in these is that since some of the diseases have no known cure, the advertisements are likely to be false.

The code of advertising practice issued by the Advertising Practitioners Council of Nigeria (APCON) created by Law No 55 of 1988 established by law No 55 strengthens the legal position.

The code re-affirms the provisions of the Food and Drugs Act and in addition prohibits the following:

•advertisements of on over the counter (OTC) drug unless it has been registered by the Federal Ministry of Health.

•offer to diagnose, advise, prescribe or treat by correspondence

•prevention of ageing

It also has to be noted here that by virtue of Section 2 of the Advertising practitioners (Registration Act) 1996 as amended, the power to vet advertisement of regulated products is vested on the minister of health.

•Sale by unauthorised persons:

By the provisions of the pharmacist council of Nigeria Law the following persons are authorised to sell things.

•A registered pharmacists

•A holder of patent and proprietary medicine vendors licence.

Patent and proprietary medicine

Patent and proprietary medicine is defined as any medicine held out by advertisement, label or otherwise in writing as efficacious for the prevention,cure or relief of any malady, ailment, infirmity or disorder affecting human beings and-

which is sold under a trade name or trade mark to the use of which any person has claims or purports to have any exclusive right; or of which any person has or claims or purports to have the exclusive right of manufacture or for the making of which nay person has or claims or purports to have any secret process or protection by letters patents.

No person shall sell or deliver any patent or proprietary medicine unless he is either-

.a selling dispenser or chemist; or a holder of a patent and proprietary medicines licence.

The law requires that patent and proprietary medicine shall be sold intact in the box, bottle, parcel or other container in which it was imported, packed or made ready for sale.

The container must bear the name or trade mark of the manufacturer. Also no person other than a selling dispenser or chemist shall import in bulk and subsequently repack any patent and proprietary medicine. The summary of the requirements is that a patent and proprietary medicine must reach the consumer in the condition in which it left the manufacturer.

Penalties for drug offences

Each of the existing laws stipulates penalties for offences created therein.

By Section 17(1) of the Food and Drugs Act, any person who contravenes any provisions of the Act or the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand naira or to imprisonment for a term not exceeding two years or to both.

It is a defence that the Accused,

•Sold the article in the same package and in the same condition as it was when he bought it; and

Could not with reasonable diligence have ascertained that the sale of the article would be in contravention of the Act or regulation.

The National Agency for Food and Drugs Administration and Control Decree only imposes penalty for obstruction of an officer of the agency in the performance of his duties. The penalty for this offence is a fine of N5,000 or imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Penalties for offences under the Drugs and Related Products (Registration e.t.c.) Act are as follows:

•in the case of an individual, a fine not exceeding N50,000 or imprisonment for term not exceeding two years or to both fine and imprisonment; and

•in the case of body corporate, a fine not exceeding N100,000.

Dealing without registration being the crux of this Act, it is assumed that the stipulated penalties are only applicable to cases of sale of genuine but unregistered drugs. If the drug in question is fake, adulterated or substandard, the penalties in the Counterfeit and Fake Drug (Miscellaneous Provisions) Act will prevail.

The Counterfeit and Fake Drug (Miscellaneous Provisions) Act contains the highest penalties for drug offences.

Penalty for the sale, manufacture, importation e.t.c. of the prohibited drugs is a fine not exceeding N500,000 or imprisonment for a term not less than five years nor more than15 years or to both. Penalty for sale in prohibited places is a fine exceeding N5,000 or imprisonment.

The Pharmacists Council of Nigeria Act

It contains further penalties where a drug offence is committed by a person registered under it. Section 18(1) give the Disciplinary Tribunal the power to reprimand or order the striking out of the name of a pharmacist found guilty of unprofessional conduct by a court or tribunal.

There is, no doubt, that any illegal dealings in drugs will constitute an act or unprofessional conduct. Penalties for offences relating to patent and proprietary medicines range between N20 and N200.

Enforcement agencies

Different Agencies are charged with the implementation of the existing drug laws. For clarity, implementation under each law shall be treated separately.

Food and Drugs Act

Enforcement of the Food and Drugs Act is vested in the Minister of Health and the inspecting officers.

Powers and functions of the Minister include, power to obtain particulars in respect of certain substances; grant of certificate of safety of batch; and declaration of compliance with provisions of the Act. The most important power of the Minister is the power to make regulations for carrying out the purposes of the Act.

Powers of the inspecting officers are set out in Section 10. These include; power to enter and inspect any premises used for a regulated product; examine any article to which the Act applies, examine any books, documents or other records found on the premises and seize and detain any article by means of or in relation to which any provision of the Act or the regulations has been contravened.

National Agency for Food and Drugs Administration and control (NAFDAC)

National Agency for Food and Drugs Administration and Control is a body corporate established to perform the following functions:-

•regulate and control the importation, exportation, manufacture, advertisement, sale and use of regulated products;

•conduct appropriate tests and ensure compliance with standard specifications designated and approved by the council;

•undertake inspection of imported regulated products;

•compile standard specifications and guidelines for the production, importation, exportation and sale of regulated products; and

•issue guidelines on, approve and monitor the advertisement of regulated products.

Apart from the extension of the meaning of regulated products in the NAFDAC Act to include bottled water and chemicals, the same subject matters are dealt with by both the Act and Food and Drugs Act. Functions of the authorities are similar. The NAFDAC Act which is later in time does not mention the former Act. The only reference is the dissolution of the Food and Drugs Administration and Control Department of the Federal Ministry of Health and Social Services. All assets, funds, resources and movable or immovable property which immediately before the commencement of the Act held office in the Food and Drugs Department shall be deemed to have been transferred to the Agency.

The implication of these provisions is that the National Agency for Food and Drug Administration and Control is to administer the provisions of the Food and Drugs Act. This view is buttressed by the fact that the NAFDAC Act does not contain substantive offences.

This simplistic approach may, however, be faulted by conflicting provisions noticeable in the two laws. These conflicts includes, disparity in the penalty provisions; use of different terminologies in related cases; and differential powers conferred on the Minister. For instance, under the Food and Drugs Act the power of making regulations is exercisable by the Minister on the advice of the Advisory Council. But under the NAFDAC Act, the power is exercisable by the governing Council on the approval of the Minister.

Silence on the relationship between the two laws creates unnecessary confusion and uncertainty. The Food and Drugs Act deals with substantive issue such as offences and penalties. The NAFDAC Act is more or less administrative in context. In the main, it deals with function and powers of agency and its functionaries. It effectively address the issue of probity of the officers by making commendable disciplinary provision.

But no offences are created. On this ground it can be argued that the NAFDAC Act cannot stand alone since offenders cannot be charged under any of its provision. It is therefore suggested that the two laws be merged since, as seen from their respective provisions, one complements the other.

Counterfeit and Fake Drugs

(miscellaneous provision) Act.

Enforcement of provisions of the Counterfeit and fake Drugs (Miscellaneous provision) Act is conferred on the Federal and State Task Force. The functions of the task force include:-

.paying unscheduled visits to all ports of entry and border posts.

.taking sample or specimen of any article, opening and examining, while on the premises, any container or package;

.examining any books, documents or records found on the premises, which are reasonably believed to contain any information relevant to the enforcement of Act; and

.seizing any drug or poison which is counterfeit, adulterated, banned, fake, substandard or expired.

The Task Force also have power to seal up any premises used or being used in connection with any office under the Act.

The Pharmacists Council of Nigeria Act

The pharmacists Council of Nigeria is charged with the implementation of provisions of the Pharmacists Council of Nigeria Act. Among other functions, it determines the standard of knowledge and skill to be attained by person seeking to become registered members of pharmacists profession. Although enforcement of drug laws is not a direct function, the Council by its nature helps to instill sanity in drug matters.

The various provision of the Act creates an inherent deterrence against drug offences. In particular, the provisions on professional discipline make it possible to appropriately deal with a pharmacists found guilty of a drug offence.

Implementation Problems

From the foregoing discourse it is clear that there exist adequate legislative enactments to control the manufacture, sale and advertisement of drugs. The major problem is that of implementation.

The food and Drugs Act has been in force since 1974 but not much successes have been recorded. None of the regulations which received the approval of Advisory Council under the food and Drugs Administration and control Department has been passed into law.

Enforcement procedures are not clearly set out. Apart from the general provisions in Section 10(5), and 14(3), no section confers power of prosecution on any particular person or authority. The position is the same under NAFDAC Act. The result is that a reported case is referred to the police for prosecution.

A noticeable fact about this procedure is that many cases end up at investigation stage. The authority in charge react by passing the buck. For instance, officials of the NAFDAC blame the police and the judiciary for the recurring difficulty normally encountered in the prosecution of food and Drugs Offenders. They claim that many cases which should have been prosecuted end up mid-stream due to ineffective enforcement.

Closely related to the above is the delay associated with investigations of reported cases. In some countries such as Britain, such reports are treated with utmost dispatch. The contrary is the case in Nigeria. Investigations, almost always, take an unduly long period thereby creating opportunity for fraudulent dealing with condemned product.

A case that readily comes to mind is that of destruction of fertility drugs worth=N=11M by NAFDAC officials in Kano on January 28, 1994. The drugs were seized at the Murtala Mohammed International Airport in November 1992. They bore neither the name of the manufacturer nor expiry date. Such time lag could lead to many undesirable consequences for instance, some of the consignment could, with the connivance or collaboration of officials, be pilfered and sold to unsuspecting members of the public.

This research reveals that most provisions on sale of poison and prescription of drugs laws are not observed in practice. Many drug sellers still sell such drugs without prescription.

Oral request are honoured even by some registered pharmacists. Similarly, in disregard of the law, some patent medicine dealers stock and sell prescription drugs. Some also retail in smaller quantities. Tablets and capsules are freely counted and sold to buyers.

The main problem in this regard is that of enforcement. Many State Ministries of health are not sufficiently equipped to monitor the activities of the registered pharmacists and patent medicine dealers. In some States, there may not be more than ten pharmaceutical inspectors with no functional vehicles. Much cannot be achieved under this situation especially in view of the large number of registered pharmacy and patent medicine shops in the states.

Sale of drugs in prohibited places is still noticeable in many towns and cities in the country. The greatest offence in this regard is committed with respect to sale in market places. In 2003, the Pharmacists Council of Nigeria was compelled by the then prevailing situation to issue Guidelines and Regulations reiterating the legal position. The result of this effort is yet to be seen as sections of some Nigerian markets are still devoted to the sale of drugs

Conclusion

This thesis shows that the various enforcement agencies are making reasonable efforts in the implementation of drug laws. Some public alerts have been issued by the NAFDAC against the consumption of drugs adjudged dangerous to health. Also both the NAFDAC and the task Forces have been embarking on incessant raids, seizures and destruction of illegal drugs. The Pharmacists Council of Nigeria uses the process of de-registration to phase out sale of drugs in market places.

Despite the above efforts, the scourge of fake, adulterated and sub-standard drugs has continued unabated. This has generated comments from the mass media, individuals and organizations. An irresistible conclusion is that the enforcement authorities are ill-prepared to reverse the trend. In most cases their directives are not backed by practical implementation. For instance, when a drug is declared unfit for human consumption there is usually no follow up action to ensure that it is actually withdrawn from the market.

The need for closer monitoring of sale of drugs in Nigeria cannot be over-emphasised. There should be routine visits to drug factories to ensure compliance with in-house quality control requirements. In addition, quality control laboratory should be established in each state of the Federation. Drugs from every batch should be certified by this laboratory before been put into circulation. To curb the activities of drug fakers, the raids and seizures of suspicious drugs should be intensified.

The consumer has a very important role to play. Undeserved patronage keeps illegal drug dealers in business. If consumers shun drugs suspected to be sub-standard: make their purchases from accredited sources and report suspected cases to law enforcement agents, the incidence of illegal drugs will be minimized. Education is necessary in this regard as some consumers fall victim out of ignorance. 

Augustine Ogoma is a Senior Magistrate in Imo State Judiciary Owerri & a research student

Man jailed for stealing palm fruits

A 22 year-old man identified as Victor Jacob has been sentenced to 12 months imprisonment for stealing seven bags of palm kernel fruits worth N7, 500.

Jacob pleaded guilty to the crime committed on November 16th at Obaretin village in Ikpoba-Okha Local Government Area of Edo State.
He was sentenced by an Ikpoba-Okha Area Customary court presided over by Princess Esther Eweka.
Princess Eweka in delivering judgment said the plea of guilt entered by Jacob was enough to put him behind bars and however gave an option of N10, 000 fine.
Also, a hunter at Obagie village, Sunday Effiong aged 31 was sentenced to six months imprisonment for illegal possession of firearms.
He was charged on two count charge of threat to life and illegal possession of firearm.
Sunday told the court that his wife travelled with the bag containing the license of the locally made single barrel gun he was accused of possessing illegally.
Princess Eweka discharged Sunday on count one of threat to kill but sentenced him on the second charge of unlawful possession of firearm or an option of N2000.

Man docked over alleged theft of Alomo, Osomo drinks

A 28-year-old man, Monday Emmanuel, was on Tuesday charged before an Ota Magistrate’s Court in Ogun for allegedly stealing four packets of cigarettes and bottles of Alomo and Osomo drinks.
Emmanuel was also accused of stealing one radio set, four pieces of tiger battery, 40 pieces of assorted hot drinks, some sachets of Milo and milk, Schnapps and kerewa drinks.
The accused, who lives at 16 Ogunmefun Street, off Idi-Iroko road, Ota, is facing a one-count charge of stealing.

The Police prosecutor, Inspector Olumide Awoleke, told the court that the accused committed the offence on Dec. 13, at about 2:00 a.m. at Long Bridge, along Lagos/Ibadan Expressway, Isheri Olofin, Ota, Ogun.
Awoleke said: “The accused was found with one radio set, four packets of cigarettes, four pieces of tiger battery and 40 pieces of assorted hot drinks, some sachets of Milo and milk.
“The accused was also found with bottles of Alomo, Schnapps, Osomo and kerewa hot drinks, value yet unknown, but suspected to have been stolen.”
He said the offence was punishable under Section 403(1) of the Criminal Code Vol. 11, Revised Laws of Ogun, 2006.
The accused, however, pleaded not guilty.
The Magistrate, Mrs A.O. Abimbola, granted the accused N50, 000 bail, with two sureties in like sum.
Abimbola said that the sureties must be resident within the court’s jurisdiction, must be gainfully employed and show evidence of payment of tax to the Ogun government.
The case was adjourned till Feb. 18, 2014, for mention.

Ajudua for trial Feb. 12 for ‘defrauding’ Bamayi of $8.395m

Lagos socialite, Mr Fred Ajudua, will be arraigned before a Lagos High Court in Ikeja on February 12, 2014, for allegedly defrauding a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi, of about $8.395 million.

The Economic and Financial Crimes Commission (EFCC, which filed new charges against the suspect, said he would be arraigned alongside others with whom he allegedly committed the crime between November 2004 and June 2005.

The fresh charges against Ajudua and others, dated October 14, comprise 13 counts of conspiracy and fraud.

Other suspects to be arraigned Ajudua but said to be at large are: Alumile Adedeji (aka Ade Bendel), a man simply identified Mr Keneth and Princess Hamabon William.

The EFCC alleged that Ajudua and the other suspects allegedly defrauded Bamaiyi at the Kirikiri Maximum Prisons, where he and other suspects were on remand for fraud also alleged that the suspects fraudulently collected the money from Bamaiyi, falsely claiming that it was part of the professional fees charged by a legal luminary to facilitate his release from prison.

The anti-graft agency also alleged that Ajudua and the others fraudulently claimed that $1 million of the money collected from Bamaiyi was for financial assistance to treat Justice Olubunmi Oyewole’s father.

The suspects were said to have told Bamaiyi that Oyewole’s father was admitted at St. Nicholas in Lagos and that $1 million was needed to assist the judge for the medical expenses of his father.

Justice Ipaye adjourned the matter till February 12, 2014 for the arraignment.

Succession crisis hits Appeal Court

Who will succeed Justice Isa Ayo Salami as President of the Court of Appacl (PCA)? The question remains as knotty as it was when Justice Salami retired in October after reaching the statutory age.

Moves to appoint a new PCA for the court has created a crisis, following alleged plans to either jettison seniority or second a Justice of the Supreme Court to head the appellate court.

The three senior judges of the court are the former acting PCA, Justice Dalhatu Adamu(Niger); the acting President, Justice Zainab Bulkachuwa(Gombe) and Justice Amiru Sanusi(Katsina).

Justice Adamu was acting president for 15 months. Justice Zainab Bulkachuwa is about a year in office as acting president.

It was learnt that the initial jostle for the PCA was between the three senior justices until a “Plan B” – to second a Justice of the Supreme Court to lead the appellate court – was floated.

It was gathered that the decision to redeploy a Justice of the Supreme Court is aimed at reorganising the court following the polarisation of the judges during the face-off between a former Chief Justice of Nigeria, Justice Aloysius Katsina-Alu and Justice Salami.

Court of Appeal justices and some members of the Bar are said to be unhappy with the likely imposition of a PCA from the Supreme Court.

The last time a Justice of the Supreme Court led the Court of Appeal was in 1976 when the late Justice Dan Ibekwe was appointed as the pioneer PCA.

A lawyer, Sunusi Musa, has also petitioned the Chief Justice of Nigeria, Justice Maryam Alooma Mukhtar.

A top source said: “The judges are not happy that there is a plan to circumvent seniority list in the Court of Appeal. They believe a distortion of the seniority list might give room for mediocrity and politicisation of the appellate court.

“They also alleged that jettisoning of seniority may affect discipline and the morale of the judges because they will become desperate to lobby for elevation.

“They said if the Supreme Court had not adhered strictly to seniority list, the CJN would not have reached the pinnacle of her career.

“Some of the judges also queried why a Supreme Court Justice would head the Court of Appeal when there are capable hands to do the job.

“They alleged that once a PCA is appointed from the Supreme Court, it will foreclose the prospect of a judge of the appellate court rising to the top. Their fears border on politics creeping into the Bench which may not augur well for the system.”

Section 238 of the 1999 Constitution provides guidelines on the appointment of the PCA.

The section says: “The appointment of a person to the office of President of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate.

“A person shall not be qualified to hold the office of a Justice of the Court of Appeal unless he is qualified to practise as a legal practitioner in Nigeria as has been so qualified for a period of not less than 12 years.

“If the office of President of the Court of Appeal is vacant, or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justice of the Court of Appeal to perform those functions.

“Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed.”

In a December 1, 2013 petition to the CJN, Justice Maryam Alooma Mukhtar, a lawyer, Sunusi Musa, urged the National Judicial Council (NJC) to respect seniority on the bench.

The petition reads in part: “Some people are mulling the idea of bringing someone from the Supreme Court to head the Court of Appeal. I am of the humble opinion that doing so may not speak well for the system best known for its conservatism in following an established custom of succession, which has for over the years been on seniority and which her lordship have battled even of recent to uphold, when some governors wanted to breach the tradition.

“Her lordship may recall that the NJC recently had a cause to reject the nomination for the position of the Chief Judge of Rivers, Adamawa, Kwara and Osun States respectively, based on breach of seniority tradition.

“The governors, by virtue of the powers conferred on them by the Constitution, forwarded to the NJC their nominations for the post of Chief Judge of their states and in all the cases, NJC under your able leadership stood its ground and advised the governors to forward the names of most senior judges in their states High Court for the appointment.

The petition traced the history of the leadership of the Court of Appeal. It listed its five substantive presidents as: Justices Dan Ibekwe, Mamman Nasir, Mustapha Akanbi, Umaru Abdullahi and Isa Ayo Salami. Justice Dalhatu Adamu served in acting capacity for 15 and now Justice Bulkachuwa is acting in same capacity for more than a year.

The petitioner went on: “As his lordship is aware, when the Court of Appeal was established in 1976, late Justice Ibekwe and Justice Nasir who were Supreme Court Justices then, volunteered to go to the Court of Appeal in order to put it in a proper and solid setting; since the work of the Court of Appeal and the Supreme Court are similar, the two eminent jurists were brought from the Supreme Court to set up the newly established Court of Appeal. Apart from them I do not think there was any other Justice that has gone to Supreme Court and later returned to the Court of Appeal.

“Justice Nasir, being junior to Justice Ibekwe, served under him for two years and after his demise, Justice Nasir became the PCA. That tradition was not broken as Justice Akanbi, being the most senior, succeeded Justice Nasir. Justice Akanbi was succeeded by Justice Abdullahi, who was also succeeded by Justice Salami. I could still recall Justice Salami saying he had earlier rejected elevation to the Supreme Court, perhaps because of his ambition to be PCA.

“If the reports are anything to go by, NJC under your watch, is being portrayed to represent what it abhors.

“If the NJC will insist on appointing the most senior Judges in four different states as Chief Judges, then why is the same NJC now trying to do otherwise in the case of President of Court of Appeal?

“And even by seniority the Justice that is being touted to be brought from the Supreme Court is far much more junior than the most senior justice of the Court of Appeal before his elevation to the Supreme Court.

“My lord from the records available, this Justice in question, was appointed to the Court of Appeal after the most senior Justice had spent eleven years there. By providence, he was elevated to the Supreme Court, and now rumoured to be coming back to the Court of Appeal in breach of his seniority in that court.

“That will certainly create disquiet among Justices of the court. This is a clear case of circumventing the seniority tradition and I don’t think history will be favourable to his lordship if his lordship is to allow this to happen under his watch.”

The petition recalled that late Justice Sadi Mato of Kano State High Court spoke of how the late Justice Bello, the former CJN rejected being appointed the CJN thrice in order not to breach the seniority tradition.

“According to late Justice Mato, the late Head of State, Gen. Murtala Muhammed, Presidents Shagari and Babangida all offered Justice Bello the position of the CJN at different times, but in all the cases he turned the offer down on the ground that he cannot be CJN while his seniors were on the bench.”

Court stops Bipi from parading himself as Rivers Speaker

A Port Harcourt High Court has ordered a member of the Rivers State House of Assembly Hon. Evans Bipi from parading himself as the speaker pending the determination of a suit brought against him.

Bipi is the leaders of the six-member anti-Amaechi lawmakers. He is the self-styled speaker.

Justice C. N Wali of an Ahoada High Court gave in his ruling on a motion ex-parte brought by Speaker Otelemanba Dan Amachree, his Deputy Leyii Kwanne and others.

The judge adjourned the motion on notice for hearing till January 6, 2014

VISUALIZING LAW IN NIGERIA: WHAT LAWYERS NEED TO LEARN FROM INFORMATION DESIGNERS

For decades, words have been lawyers’ tools of trade. Today, we should no longer let tradition force us to think inside the text-only box. Apart from words, there are other means available.

It is no longer enough (if it ever was) to offer more information or to enhance access alone: the real challenge is the understandability of the content. We might have access to information, but still be unable to decode it or realize its importance. It is already painfully clear that the general public in Nigeria does not understand legalese, and that communication is becoming more and more visual and rapid. There is a growing literature about style and typography for legal documents and contracts, yet the use of visual and non-textual elements has been so far omitted for the most part. Perhaps images do not seem “official”, “legal”, or trustworthy enough for all.

Focus on users and good communication

Lawyers are communication professionals, even though we do not tend to think about ourselves in these terms. Most of us give advice and produce content and documents to deliver a specific message. In many cases a document — such as a piece of legislation or a contract — in itself is not the goal; its successful implementation is. Implementation, in turn, means adoption and action, often a change of behavior, on the part of the intended individuals and organizations.

Law school does not teach us how to enhance the effectiveness of our message. While many lawyers are known to be good communicators, most have had to learn the hard way. It is easy to forget that our colleagues, members of the legal community, are not the only users of our work. When it comes to other users of our content and documents, we can benefit from starting to think about 1) who these users are, 2) what they want or need to know, 3) what they want to achieve, 4) in which situation, and 5) how we can make our content and documents as clear, engaging and accessible as possible.

These questions are deeply rooted in the discipline of information design. The work of information designers is about organizing and displaying information in a way that maximizes its clarity and understandability. It focuses on the needs of the users and the context in which they need to find and apply information. When the content is complex, readers need to grasp both the big picture and the details and often switch between these two views. This is where visualization — here understood as adding graphs, icons, tables, charts and images to supplement text — enters the picture. Visualization can help in navigating text, opening up its meaning and reinforcing its message, even in the field of law. And information design is not about visualization only: it is also about many other useful things such as language, readability, typography, layout, color coding, and white space.

What does the future hold?

We see these as just the beginning. Once the visual turn has begun, we do not think it can be stopped; the benefits are just too many. As lawyers, we have a lot to learn and we could do our job better in so many respects if we indeed started to get into the mode of thinking and acting like a designer and not just like a lawyer. This applies not only to purely legal information, but everything else we produce: contracts, memos, corporate governance materials, policies, manuals, employee handbooks, and guidance.

Legal information tends to be complex, and information design(ers) can help us make it easier to understand and act upon. The goal is accomplishing the writer’s goals by meeting the readers’ needs.

With new tools and services being developed, it will become easier to convey our content and documents in more usable and more engaging ways. As the work progresses and new tools and apps appear, we are likely to see a major change in the legal industry. Meanwhile, let us know your views and ideas and what you are doing or interested in doing with visuals.