Mechanic in court over alleged assault

A mechanic, Tayo Adedeji, on Wednesday appeared before an Itire Magistrates’ Court in Lagos over alleged assault on a man who quarrelled with ladies.

Adedeji, 22, who resides at No. 27, Itire Road, Lagos, was charged with conspiracy and assault.

The Prosecutor, Insp Olakunle Shonibare, told the court that the accused and others at large committed the offences on Feb. 13, at 11p.m. at Akanro St., Ilasamaja, Lagos.

He said the accused caused bodily injuries on Mr Lukman Busiriyu, who had asked some ladies to go out of a commercial bus.

Shonibare said the ladies had, after the clash with the complainant, brought the accused and three others to attack Busiriyu with broken bottles.

Shonibare submitted that some young men nearby apprehended the accused before he took off with others.

He said that the offences contravened Sections 409 and 171 of the Criminal Law of Lagos State, 2011.

The accused, however, pleaded not guilty.

The Magistrate, Mrs A.O. Gbajumo, granted him bail in the sum of N100,000 with two sureties in like sum.

She adjourned the case to April 8 for mention.

Court fixes March 31 for hearing of Sanusi’s suit

A Federal High Court on Friday in Lagos fixed March 31 for the hearing of a fundamental rights suit filed by the suspended Central Bank Governor, Malam Sanusi Lamido Sanusi.

Sanusi had filed the suit through his counsel, Prof. Yemi Osibanjo (SAN), seeking an order restraining the police and the State Security Service from arresting, detaining or harassing him.

Joined in the suit are the Attorney General of the Federation, Inspector General of Police and the SSS as first, second and third respondents respectively.

The News Agency of Nigeria (NAN) reports that the applicant’s motion was scheduled for hearing on Friday.

Counsel to the first respondent, Dr Fabian Ajogu (SAN), informed the court that he had a motion on notice dated March 19.

He said the motion was for extension of time to regularise filing processes.

Counsel to the third respondent, Mr Ahmed Musa, also made the same application, saying his motion was dated March 17.

However, counsel to the applicant, Chief Kola Awodehin (SAN), did not oppose the application for extension of time.

Awodehin, who said was prepared to proceed with his motion, noted that he was constrained to ask for an adjournment by the nature of applications filed by the first and third respondents.

Consequently, Justice Ibrahim Buba adjourned the suit to March 31 for hearing of the applicant’s suit on the understanding that all parties would have regularised all processes before the next adjournment.

“The respondents’ motion for extension of time is granted and time is hereby extended in terms of the prayers on the face of the motion paper.

“This suit is therefore adjourned to March 31 for hearing,” he ruled.

NAN also reports that the court had on Feb. 21 granted an interim order restraining the respondents from arresting, detaining, or harassing the applicant pending the determination of the motion on notice.

The interim order was sequel to an affidavit of urgency filed by the applicant on the same date.

The court had also granted the applicant leave to serve the originating summons and other accompanying court processes on the respondents.

Fani-Kayode: No fund missing, says EFCC witness

An Economic and Financial Crimes Commission (EFCC) witness has told a Federal High Court in Lagos that the commission’s investigation revealed no fund was missing during the tenure of Femi Fani-Kayode as Aviation Minister.

Bashir Abdullahi, who was the Investigating Police Officer (IPO) spoke under cross examination by defence lawyer Ifedayo Adedipe (SAN).

He told Justice Rita Ofili-Ajumogobia that he was assigned the case file in 2008 for investigation and a letter was written to the First Inland Bank to produce Fani-Kayode’s bank statement which was deposited with the EFCC.

The witness said that during investigations, the former minister was invited to the EFCC, where he made various statements in writing relating to the Aviation Intervention Fund (AIF) received during his tenure.

He said that Fani-Kayode on assumption of office set up a committee to probe the disbursement of the AIF made by his predecessor.

He told the court that investigations revealed that no part of the funds was missing during the tenure of the former minister.

“Our investigations revealed that a total of N19.5 billion was released as Aviation Intervention Fund, out of which a total of N8.5 billion was released during the tenure of Prof. Femi Aborishade, the predecessor.

“During the tenure of the accused, the sum of N11 billion was released and out of this sum, the accused disbursed a total of N3.8 billion, leaving a remainder of N7.2 billion in the Ministry’s account.

“Investigations also revealed that no part of the Aviation fund was missing during the tenure of the accused, and there was also no findings that the accused made any disbursement without due process”, said Abdullahi.

Following the findings of the committee, the witness said a report was sent to the National Security Adviser (NSA) on the disbursements.

However, prosecuting lawyer Festus Keyamo did not re-examine the witness but prayed the court for two adjournments to enable him produce his remaining witnesses.

Subsequently, Justice Ofili-Ajumogobia adjourned the case to April 16 and 17 for continuation of trial.

Fani-Kayode is standing trial over a 40-count charge of money laundering preferred against him by the EFCC, to which he has pleaded not guilty.

He was alleged to have transacted with funds exceeding the threshold stipulated by the Money Laundering Act, without going through a Financial Institution.

The EFCC alleged that the former minister accepted cash payments in the tune of about N100 million, while he held sway as Minister of Aviation and Minister of Culture and Tourism respectively.

NGIGE TENDERS DOCUMENTS AT TRIBUNAL

The governorship candidate of the All Progressives Congress (APC) in last year’s election in Anambra State, Senator Chris Ngige, has completed the submission of forms EC8As in the 21 local governments and voter registers at the Election Petitions Tribunal sitting in Awka.

The documents were tendered yesterday by Ngige’s lead counsel Mr. Rotimi Akeredolu and Chief Emeka Ngige.

Other documents tendered were forms EC8B, which were the summary of ward results from the Independent National Electoral Commission (INEC).

Also tendered were forms EC8D, the summary of result in the councils, which INEC failed to release initially, even with a court order of January 4, 2010.

Others were forms EC8E, declaration of results and oaths of neutrality forms across the councils.

Forms EC40A, EC40b, EC40c, EC25A, EC25b and the list of INEC ad hoc workers used in the November 16 election were also tendered.

But counsel to Chief Willie Obiano and INEC, Ken Mozie and Osita Nnadi opposed the submission of certified true copies (CTCs) of newspaper reports of the poll.

They argued it was outside the documents to be tendered, saying those agreed upon were INEC documents.

But Akeredolu read out a paragraph of the pre-trial report by the tribunal, which said CTCs of every document could be tendered.

Tribunal Chairman Justice Ishaq Bello, however, ruled that the documents should be tendered.

WHEN IS A BANK LIABLE IN NEGLIGENCE FOR ATM CARDS AND OTHER CARDS (ELECTRONIC BANKING) ISSUED OUT TO THEIR CUSTOMERS?

Introduction

Presently, there is no legislation on Electronic Banking in Nigeria, The electronic banking guidelines emerged from the findings of a Technical Committee on Electronic Banking set up by the Central Bank of Nigeria in 2003 to find appropriate modalities for the operation of electronic banking in the country. It was indeed the findings and recommendations of the committee that led to the adoption of a set of guidelines on Electronic Banking in August 2003.

Of the key provisions of the Guidelines, only a section deals with issues relating to ATM cards, while another section deals with legal issues that can arise thereof.

Banks might be Liable in Negligence thus:

The Guidelines highlighted the following points as where banks can be liable in negligence to their customer in any electronic banking transactions (ATM cards etc).

Banks will be considered liable for fraud arising from card skimming and counterfeiting except where it is proven that the merchant is negligent. However, the cardholder will be liable for frauds arising from PIN misuse

Banks are obliged not only to establish the identity of their Customers (KYC principle) but also enquire about their integrity and reputation. To this end, accounts should be opened only after proper introduction and physical verification of the identity of the customer

Digital signature should not be relied on solely as evidence in e-banking transactions, as there is presently no legislation on electronic banking in Nigeria

There is an obligation on banks to maintain secrecy and confidentiality of customer’s accounts. In e-banking scenario, there is the risk of banks not meeting the above obligation. Banks may be exposed to enhanced risk of liability to customers on account of breach of secrecy, denial of service etc because of hacking /other technological failures. Banks should, therefore, institute adequate risk control measures to manage such risks.

Banks should protect the privacy of the customer’s data by ensuring:

i.          that customer’s personal data are used for the purpose for which they are     compiled. 

ii.         consent of the customer must be sought before the Data is used

iii.        data user may request, free of cost for blocking or rectification of inaccurate data or enforce remedy against breach of confidentiality

iv.        processing of children’s data must have the consent of the parents and there must be      verification via regular mail.

v.         strict criminal and pecuniary sanctions are imposed in the event of default

While recognizing the rights of consumers under the Nigerian Consumer Protection Council Act, which also apply to consumers in banking services generally, banks engaged in e-banking should endeavor to insure themselves against risks of unauthorized transfers from customers account’s, through hacking, denial of services on account of technological failure etc, to adequately insulate themselves from liability to the customers.

Banks are encouraged to install cameras at ATM locations. However, such cameras should not be able to record the keystrokes of such customers

At the minimum, a telephone line should be dedicated for fault reporting, and such a number shall be made known to users to report any incident at the ATM. Such facility must be manned at all times the ATM is operational

Technical Liability Shift for Chip + Pin in Nigeria

a.       Where a non EMV (Europay, Mastercard, Visa) card is used on a non EMV Terminal and a fraud occurs, liability is on either the Card Issuer or the Card Holder. Proof has to be established on which party compromised card details.

b.        Where a non EMV card is used on an EMV Terminal and fraud occurs, liabilityis on the Card Issuer

c.        Where an EMV card is used on a non EMV Terminal and fraud occurs, liability is on the Acquirer

d.        Where an EMV card is used on an EMV Terminal and fraud occurs, liability is on the Card Holder or the Issuer. However, the onus is on the cardholder to prove that their PIN had not been disclosed to a third party willingly or negligently.

e.         Where a hybrid card is used on a non EMV Terminal and fraud occurs, liability is on the Acquirer

f.       Where a hybrid card is used on an EMV Terminal and card treated as magnetic stripe for authorization and fraud occurs, liability is on the Card Issuer

g.      Where a hybrid card is used on an EMV Terminal and card treated as EMV for  authorization and fraud occurs, liability is on the Card Holder or the Issuer. However, the onus is on the cardholder to prove that his/her PIN had not been disclosed to a third party willingly or negligently.

Conclusion

It is settled that negligence, is a question of fact and not of law. So, each case must be decided in the light of the facts pleaded and proved.

Despite its numerous technical specifications, the Guidelines provisions is not enough to check the growing popularity of Electronic banking (ATM cards etc) against the backdrop of growing sophistication in technology related crimes and frauds. Closer examination of the contents of the Guidelines equally shows that the document fails to meet up with the four key areas where electronic banking may have regulatory impact – changing the traditional lines upon which existing regulatory structures are laid; handling concerns about existing public policy issues; changing the nature and scope of existing risks; and rebalancing regulatory rules and industry discretion.

Yinka Olaiya.

THE CONTROVERSIAL JUDGE; JUSTICE ABDUL KAFARATI

The ripples generated by the judgment delivered by Justice Abdul Kafarati of the Federal High Court in Abuja last week is yet to subside, both in the judicial and political circles.
Some of the judgments of the judge have in recent times, attracted the attention of the EFCC, which has begun his probe alongside six other judges, cutting across the various strata of the judiciary with the judge as their main target.

A source had hinted that the case file revealed that Justice Kafarati allegedly owns huge cash assets in several bank accounts including properties, shares and farmlands in Kwami area of Gombe State and except these allegations are unfounded; Kafarati may have had his cup full.

LATEST ON TWO ELEPHANTS FIGHTING: DANGOTE V. OTUDEKO

A Federal High Court in Lagos Tuesday fixed February 6 to hear a suit filed by Oba Otudeko against Alhaji Aliko Dangote and the Nigerian Ports Authority (NPA) over a land dispute.

Justice Okon Abang had adjourned the case at the instance of the counsel to Dangote, Mrs. Fola Sowemimo, to enable her file a written statement on oath.

NBA PRESIDENCY; EGBE AMOFIN CALLS FOR RECONCILIATION

With less than six months to the election of new officers to run the affairs of the Nigerian Bar Association (NBA), the Southwest Lawyers Forum, known as Egbe Amofin, has set up a committee to reconcile warring factions in its fold.

The group has been mirred in a leadership crisis, culminating in some members, including about 15 NBA branch chairmen, “sacking” the group’s leadership and setting up a Central Working/Steering Committee.

Problems began at its meeting in Abeokuta on August 17, last year, when the forum set up a screening committee to vet its candidates for the NBA elections, as well as put up a committee to review its constitution to restructure the forum and reposition it.

The meeting adjourned to meet again in early October, last year in the Akure, Ondo State home of Chief Ifedayo Adedipe (SAN). The meeting, however, did not hold, prompting a group of 15 NBA branch chairmen to request for an extra-ordinary general meeting, which was held on December 7, last year at Chief Adedipe’s house.

During the meeting, the chairmen considered the reports of the Constitution Drafting Committee and the screening committee, among others. They subsequently elected interim officers to run Egbe Amofin’s affairs. Also at the meeting, they ratified the report of the Screening Committee and adopted former NBA General Secretary Deacon Dele Adesina (SAN) as its Presidential candidate.

However, the Chief Bandele Aiku (SAN)-led group fixed its meeting at the Chief Afe Babalola Bar Centre in Ibadan, Oyo State, which was held last Saturday.

On the same day in Lagos, the Central Working/Steering Committee, under the leadership of interim chairman Adebayo Ayodele, met in Lagos.

NBA branch chairmen at the Lagos meeting were Ayodele (Abeokuta), Olubunmi Olugbade (Ikere Ekiti), Kunle Adetowubo (Ondo), Gbenga Oguniran (Ogbomosho), Muyiwa Obamawa (Sagamu), Bode Oyeyemi (Badagry), S. K Owosile (Ikorodu), A. Adewunmi (Ado Ekiti), Monday Ubani (Ikeja) and A. Ahmed (Owo). Chairmen of Ile-Ife, Ota, Okitipupa, Ikole and Ikirin branches were said to have sent their apologies for being absent.

The Ibadan meeting started with the consideration of a resolution signed by 12 NBA branch chairmen calling for peace and reconciliation within the forum.

The resolution reads in part: “Following the break away of a splinter group of the Southwest Lawyers’ Forum (Egbe Amofin) by reason of a caucus meeting held by some members of Egbe Amofin in Akure on December 7, 2013, it has become necessary to save the unity of Egbe Amofin, our collective heritage, and our place within the Nigerian Bar Association.

“Whereas we recognise our common tie is in Egbe Amofin as the umbrella body representing the interest of Southwest lawyers; whereas there might be disagreements between some members of the Egbe Amofin, we the under listed NBA Southwest Branch Chairmen unanimously resolved as follows:

“That we unequivocally dissociate ourselves and our branches from the convening, the holding of the meeting of the breakaway caucus of the Southwest Lawyers Forum held in Akure on December 7, 2013.

“That we further dissociate ourselves from the resolution allegedly reached at the said caucus meeting on the adoption of Dele Adesina (SAN), or any other candidate as the nominee of the Southwest for the next NBA Presidential elections in 2014.

“That we identify only one Egbe Amofin under the leadership of Chief Bamidele Aiku (SAN) as Chairman, Ranti Ajeleti Esq as Secretary, and Mrs. Toyin Adegoke as Treasurer.

“That it is our decision that Egbe Amofin remains a united forum and all publications on the state of affairs within the Egbe by various caucuses, groups and persons within the Egbe Amofin should cease. That we call on all our respected leaders, patrons, chairmen, and members to stand together and close ranks quickly to resolve all lingering disagreements.”

After reading this resolution, the branch chairmen who were signatory to it were called one after the other and they confirmed the authenticity of the document.

Afterwards, the meeting adopted the document, discussed and eventually agreed to set up a reconciliation committee, headed by Chief Solomon Adegboyega Awomolo (SAN). The committee was given three weeks to reach out to all aggrieved members of the forum and reconcile everybody. Other members are Chief L. O. Oke (SAN) and Mrs. C.J. Aremu (SAN).

The meeting dissolved the screening committee, which it set up in the Abeokuta meeting and constituted a new screening committee with former NBA President Chief Priscila Kuye as Chairman. Members are Ahmed Raji (SAN), Dr. Babatunde Ajibade (SAN), Mobalaji Ojibare, Chief Adebiyi Odugbesan, Adekunle Babalola, Alex Muoka, Ola Orinmoloye and Oluwaseyi Ojoba.

The committee was given two weeks to send its report to the house. The chairman of reconciliation committee was authorised to bring in one or two branch chairmen from the other faction into the screening committee. The meeting adjourned till February 8 at the same venue to consider the committees’ report.

On how he intends to go after this reconciliation, Awomolo told The Nation: “I am praying that God will give me the grace to go about it. God is the God of peace and He will bring peace among Yoruba lawyers. The tongue and the teeth, close as they are they quarrel, but they reconcile, otherwise the owner of the tongue and the teeth will not live any more.

“So, we need to reconcile ourselves. What is the purpose of this quarrel in the first place? I want to be this and I want to be that, but it is only God that promotes, makes leaders and puts people into positions; it is not by power and by might. So, I will try my very best that God will help us to bring back the Egbe as it should be. You too, the press should help me, if you have suggestions, send to me so that we can move forward.”

Prof. Gabriel Olawuyin (SAN) said the group would gain nothing through wrangling; adding that he fully supports the peace moves. “We should reconcile the warring parties. I don’t believe that it is beyond us to do that. The moment we reconcile the various parties, then the war ahead will be much easier for us. I don’t believe that there is any need for us to continue to wrangle over trivialities because as far as I am concerned, they are trivialities and we shouldn’t because of offices create dissentions that will tear apart the entire organisation.

“We will reconcile everybody, those of us who have been walking on the sidelines, we will do everything possible to reconcile our people. We have an idea of where the problem lies and by the grace of God we shall be able to manage everything.”

Chairman of NBA Ibadan branch Seun Abimbola said: “Some of had insisted all along that the Egbe Amofin Forum remains one. We do not believe that the disagreement that exists should be allowed to fester and to break into camps. Yes, we might have needs, we might have desires, we might have aspirations, we might have expectations, we might have ambitions, but all of that will be achievable within the same umbrella of this forum, so I am happy about the move to reconcile and I hope all the parties and the players will give back the reconciliation move so that we can have one house.”

Chairman, NBA Lagos branch, Alex Muoka said: “I agree with the decision to reconcile the breakaway faction; it shows maturity and good judgment. It is obvious to everyone that there is strength in unity and it is in the interest of the Southwest to have a strong and united forum rather than splinter groups.”

On his advice to the committee, Muoka said: “It is difficult to presume to advise a senior lawyer, a Senior Advocate of Nigeria and an elder like Chief Awomolo. I can only suggest that in speaking with the breakaway group, he should caution that history would judge them harshly if the consequences of their actions impacts negatively on the success of the Egbe’s candidates in the 2014 Bar elections.”

Secretary of Ikere branch, Dr. Adeniyi Adedoyin praised the group for “towing the path of the bigger brother in allowing the reconciliation committee to be constituted.”

“Elections will come and go, Egbe will remain united and that is what we all stand for. Secondly, Chief Awomolo is a consummate Bar man. It is highly commendable that somebody of his status is the chairman of that committee. It is my belief that he will do a thorough and a very good job and at the end of the day, Egbe will be united, strong and we will all be happy,” Adedoyin said.

Former Ikorodu branch chairman Nurudeen Ogbara said: “This is a right step in the right direction, but there is need to do more than setting up a reconciliation committee. There is a need to set up a committee to find out both the remote and immediate causes of what has happened and then proffer solution.”

At the Lagos meeting, the Egbe Amofin “Central Working Committee” said they were sticking with their adoption of Deacon Dele Adesina (SAN) as their Presidential candidate.

According to them, an agreement was reached in 2008 that Adesina should run when it is the Southwest’s turn again after he stepped down for former NBA President Oluwarotimi Akeredolu (SAN).

Addressing journalists after the meeting, Ayodele said 17 out of the 23 branches that make up the Southwest bar were in support of Adesina’s candidacy. He said: “We had directed Adesina in 2008 to step down for Chief Olarotimi Akeredolu (SAN). That meeting was chaired by Chief Aiku. If, in 2008, Adesina obeyed us, why must we not keep to our words since he listened to us the last time?

“We re-affirm our support for the aspiration of Mr Adesina, the endorsed candidate, and charge him to continue to exploit all legitimate and realistic ways to sell his candidature.

“We resolve to jointly and individually work hard to achieve a successful election of Adesina as the President of NBA come July 2014,” he added.

The factional group described the Ibadan meeting as “unfortunate”, but indicated that their door remains open for reconciliation

“We consider this state of affairs as unfortunate. We believe the outcome of the Ibadan meeting today will convince the Chief Aiku group that majority drives democracy and that there is the need to allow equity, fairness and justice to prevail in this matter. We resolve that the obvious destabilisation effort of some of the members using the respected Chief Aiku should not be allowed to succeed. It must continue to be resisted. The strength of the forum must be preserved.

“The House resolved to extend its hands of fellowship to all and sundry with a view to unify the forum under the principle of equity, fairness and justice which are essential elements of democracy and rule of law.”

The group’s draft constitution was exhaustively debated at the Lagos meeting and it was resolved that it would be sent to a five-member committee to harmonise decisions.

The meeting reviewed Egbe Amofin’s activities in the recent past, noting that it appears to have been limited to NBA election issues. It was resolved that the group would take “definite and dynamic” interest in the affairs of legal practitioners of Yoruba extraction.

It plans to organise an Egbe Amofin law week to be held at the source of Yoruba-land, Ile-Ife in May this year. “The House” also considered the need for a bar news for the group. The Lagos meeting adjourned till February 1.

PHOTO: 10TH GANI FAWEHINMI ANNUAL LECTURE/SYMPOSIUM

Funsho Williams: Confusion as defendant slumps in court

There was confusion at a Lagos High Court, Igbosere, as a defendant in the ongoing trial of alleged killers of Funsho Williams slumped in court.

Musa Maina (second defendant), slumped in the dock at the peak of an argument on whether or not the prosecution should be allowed to collect fresh blood samples from the defendants for forensic investigation.

Maina, who is said to be Asthmatic, has been in prison custody since 2006, along with the first defendant, Bulama Kolo.

Barely 45 minutes after the defendants, Kolo, Maina, David Cassidy, Tunani Sonani, Mustapha Kayode and Okponwasa Imariabie were put in the dock, an obviously discomfort Maina slumped.

His co-defendants had assisted him to stand but his discomfort drew the attention of the trial judge, Justice Adeniyi Adebajo, who said he should be allowed to sit down.

As the trial proceeded, a seated Maina slumped for the second time, which created a feeling of unease in the court.

Worried at the recurrence, Justice Adebajo ordered his support staff as well as prison authorities to call for an ambulance from the clinic.

Maina, who was seen struggling with an inhaler, with tears and catarrh running down his eyes and nostrils, was supported by security operatives who made him lie down.

The court was rowdy for about 10 minutes with lawyers and litigants running round to assist the defendant. While some asthmatic patients brought their inhalers, others were fanning Maina to regain consciousness.

At this point, Justice Adebajo rose and ordered that the defendant should be immediately taken to the clinic for medical attention.

About 25 minutes after the incident, a nurse came into the court and was assisted by two prison officials to carry the defendant into a Lagos State Ambulance with the registration number, JJJ704AP, parked at the court’s entrance.