S’Court Dismisses Suit Challenging FG's Power to Collect VAT

The Supreme Court Friday threw out a suit filed by the Lagos State challenging the legality of some of the provisions of the Value Added Tax Act which empowered the federal government to collect consumption taxes in states of the federation.

The apex court declined jurisdiction over the suit and upheld the objection filed by the federal government.

The Attorney General of Lagos, Ade Ipaye had in the suit, sought a declaration that the VAT Act is unconstitutional to the extent that it provides for the imposition and collection of taxes on goods and services in Lagos and other states, areas outside the legislative competence of the National Assembly.

It prayed for a perpetual injunction restraining the federal government, by itself, its servants or any of its agencies from continuing to give effect to the provisions of the VAT Act to impose and collect taxes on goods within Lagos State.

The suit had the Attorney General of the Federation (AGF) as the first defendant and the Attorneys General of the other 35 states as co-defendants,

The apex court, in a judgment yesterday, held that the reliefs claimed by Lagos State did not fall within the provision of Section 232(1) of the Constitution, to enable the court exercise its original jurisdiction.

Justice Mahmud Mohammed, in the lead judgment, upheld the objection by the AGF and held that, since the reliefs sought in the suit were not against the Federation of Nigeria or any state or states of the federation as constituent units of the federation, the suit was not qualified to ignite its original jurisdiction to hear.

The court also held that the suit was an abuse of court process because there were similar cases existing on the same subjected matter in both the trial and lower courts.

It noted that the Court of Appeal decided one of such cases on July 13, 2007 but which decision the plaintiff failed to appeal, but instead, chose to initiate this fresh suit before it (Supreme Court) in 2008 exactly one year after the Court of Appeal judgment.
It then struck out the suit for lack of jurisdiction.

“It is quite clear that for this court to exercise its original jurisdiction under that section - Section 232(1) – the plaintiff’s action against the 1st defendant (AGF), this court has to be satisfied that the dispute for the adjudication in the action is one between the plaintiff, Lagos State of Nigeria, as a constituent unit of the Federation of Nigeria and the Federation of Nigeria, also as a distinct unit under the Constitution.

“The words used in Section 232(1) of the Constitution, describing the parties are ‘the federation,’ ‘a state’ and ‘states.’ In other words, the dispute must be between the Federation and a state or between the federation and more than one state or between a state or states in their capacities as members of the federating units of the Federation of Nigeria.

“The section, in my view, is not expected to provide avenue for the resolution of disputes between the Federal Government of Nigeria and a state government of Nigeria or between a state government and another state government of Nigeria, all of which are only products of elections.

“Therefore, since the reliefs claimed by the plaintiff, particularly the injunctive relief is against the Federal Government of Nigeria, its servants and its agencies, the relief is not being against the Federation of Nigeria or any state or states of the federation as constituent units of the federation, is not within the purview of Section 232(1) of the 1999 Constitution to confer original jurisdiction on this court,” the court held.

In also upholding the second leg of the AGF’s objection, the court held the fact that there existed, and still exists in the trial and lower court, suits relating to issues raised in this suit, it amounted to an abuse of court process.

Justices John Afolabi Fabiyi,  Sylvester Ngwuta, Mary Ukaego Peter-Odili, Musa Dattijo Mohammad, Kudirat Kekere-Ekun and John Inyang Okoro, who were on the panel that heard the case, agreed with the lead judgment.

Reacting to the judgment, the Attorney General of Lagos said since the apex court has said it lacked jurisdiction and struck the case out, his state would reassess the situation and take the necessary steps.

Man Accused Of Trying To Scare Citizens Disguised In A Ghillie Suit

This was certainly no laughing matter for residents in one Hampton neighborhood.

Police say an 18-year-old man, Collin Marcus Craig Ivy, was charged after he was seen hiding behind a tree wearing a ghillie suit.

Authorities say he was planning to scare other people who were using the Mattheson Trail in the 300 block of Butler Farm Road. In addition to the suit, he was also planning to use an air horn to startle people police say.

He was arrested and charged with wearing a mask in public

Man Given Suspended Sentence After Forcing Ex-Partner To Stand On Balcony In Her Underwear While He Burgled Her Flat

A Boston man who forced his ex-long term partner to strip to her underwear and stand outside on the balcony at her flat in Harlow while he burgled it was today spared jail.

Chelmsford Crown Court was told that as well as forcing his ex to strip and stand outside in the cold, David Dewberry, 26, of Hobhole Bank, Old Leake, Boston, also attacked the woman, smashed property in her flat and, when he allowed her back in, forced her to cut up her own clothes.

Dewberry, who was tracked to a hotel in Harlow through a phone he had stolen from his ex, was told by Judge Goldstaub QC that he had come close to a jail sentence.

But the judge instead imposed a 12-month jail sentence suspended for two years and ordered Dewberry, who pleaded guilty to burglary, assault and causing criminal damage, to attend a Building Better Relationship programme.

As he passed sentence, Judge Goldstaub told Dewberry: “I’m not going to send you to prison immediately although I have to say you were not far off.

“You behaved in a disgraceful way coming up to Christmas last year when you fell out with your former partner and lost your temper but I think it’s a one-off.”

Referring to the suspended sentence the judge told him: “You’ve got to have some threat hanging over your head so you don’t start thinking of bizarre things again.”

Prosecutor Karl Volz told the court that Dewberry and his ex had broken up in July 2013 after five years in a relationship and on December 21 he had been a guest at her address.

Mr Volz continued: “The following day he let himself in having taken the key the previous day, forced her down on the settee, smashed the television and slapped her around, forced her to strip to her underwear and go out onto the balcony on a cold day.

“After she returned inside he forced her to cut up her own clothes, sat on her feet causing her pain and bruising and stole her phone and keys but the police tracked him down.

"He had booked himself into a hotel near Harlow Station with a female.”

Nicola May, mitigating, told the court: “He does regret the incident and now accepts the relationship is over. He’s ashamed of his behaviour.”

LexisNexis launches litigation calculator

The product, LexisNexis Counsel Benchmarking, analyses data in relation to hourly rates, matter costs and alternative fee arrangements for litigation. The data is based on an analysis of millions of invoices. Justin Silverman of LexisNexis said: 'With ongoing pressure to reduce legal department costs, general counsel at corporations of all sizes are focusing on managing their spend while controlling risk

African law firms face global competition

African lawyers are facing competition from global service providers with estimates that up to 90 per cent of legal fees spent on matters relating to Africa are paid to global firms not based in the continent.  Furthermore, the legal profession is facing unprecedented competitive pressure from accountants, realtors, financial advisors and others. 
According to the Standard Digital, the Kenyan legal profession is having to face greater demands from the public for integrity, transparency, independence and competence in the law courts

Nigerian lawyers attack ambulance-chasers

Lagos-based lawyer Anthony Makolo said: 'Some of these lawyers, who chase briefs in court often times have no intention of undertaking full representation of the accused in the substantive trial….The situation is very disturbing because these lawyers by their conduct send wrong signals to members of the public that the profession is cheap.' Constitutional lawyer Ogedi Ogu pointed towards non-lawyers who pretend to be lawyers when doing this work. He said: 'This practice simply leaves the impression in the minds of litigants that lawyers are hungry and desperate people.  It is now very important for the legal system to make moves to check incidences of abuse on the profession by lawyers

Nigeria Police debate public order issues

Tension is already building up about the general election which is due to take place in a year's time for both the Presidency and the National Assembly. Public meetings will, therefore, become more of a regular occurrence. But  Assistant Inspector General Muhammad Yabo of the North-West Zone of Nigeria has said that existing Appeal Court decisions give conflicting views on whether a police permit is needed. He has, therefore, asked lawyer to get an interpretation. But he added that lawyers are reluctant since 'they are afraid that they will not get justice, meaning justice would favour the Nigeria Police

Oscar Pistorius's Fear of Crime Claim Under Spotlight During Murder Trial

PRETORIA—A South African prosecutor Friday sought to dismantle a central plank ofOscar Pistorius's defense that he shot and killed his girlfriend because he thought she was a burglar in his bathroom.

Capping a week of testimony by Mr. Pistorius, prosecutor Gerrie Nel engaged the double-amputee track star in a set of terse exchanges about the final moments before he fired four times through the closed bathroom door, killing 29-year old Reeva Steenkamp. A weary Mr. Pistorius said he thought his life was in danger because of high crime in the area. Mr. Nel was incredulous, and insisted Mr. Pistorius sought to kill his girlfriend in a fit of rage.

"Is it reasonable for an intruder to run into a toilet and close the door?" Mr. Nel asked.

"It was a possibility," the 27-year-old runner replied.

"It's so far-fetched," Mr. Nel responded. "You knew that Reeva was behind the door, and you shot at her. That is the only thing that makes sense."

Mr. Pistorius took the stand to defend himself on Monday after a month of testimony from witnesses for the prosecution, who painted a portrait of a quick-tempered and impulsive star athlete who shirked responsibility for his actions. After his cross-examination is complete, the defense will call witnesses who are expected to support Mr. Pistorius's claims that he was a fearful of his safety in a country with a high rate of violent crime.

The trial is scheduled to run through May 16.

The case has become a cultural touchstone in South Africa, largely because it combines national obsessions with crime and police competence with the fame of Mr. Pistorius and the glamour of Ms. Steenkamp. The murder trial continues to lead news programs and newspapers, even as a national election approaches early next month.

Prosecutors have charged Mr. Pistorius with premeditated murder, alleging that he shot Ms. Steenkamp after an argument overheard by some of his neighbors from his gated community in Pretoria. If convicted Mr. Pistorius could be sentenced to life in prison

Earlier Friday, Mr. Nel asked Mr. Pistorius how often he had reported crimes at a police station or been a victim of crime at his Pretoria home. Never, he said. Mr. Pistorius then added: "except the watches stolen by police" during their investigation after Ms. Steenkamp was killed.

Former police colonel Schoombie van Rensburg, who oversaw work at the crime scene, testified last month that at least one watch went missing during the investigation. He said the investigation is continuing.

Mr. Pistorius said Friday that he didn't trust the effectiveness of South African police enough to report several instances of crime against him in recent years.

Under questioning from Mr. Nel, he also said that police must have moved items in his bedroom, including a fan and a duvet. Crime-scene photos shown in court on Friday showed those items in different positions from his recollection of how things stood in the moments before he shot Ms. Steenkamp.

The prosecutor also challenged Mr. Pistorius's statement that he turned his burglar alarm off to let police and paramedics into his home in a gated community. Under a barrage of questions, the athlete said he didn't remember disabling it, but "must have" done so.

Judge Thokozile Masipa made a rare interjection, asking Mr. Pistorius if he was too tired to recall things clearly. Mr. Pistorius said he had simply made a mistake and could continue.

FBI Agent on Trial commits suicide

The apparent suicide of a Federal Bureau of Investigation agent testifying in the criminal trial of the president of a failed Idaho real-estate firm has created a difficult situation for the judge overseeing the case.

Following the death of FBI Special Agent Rebekah Morse, U.S. District Court Judge B. Lynn Winmill had to figure out how to instruct the jury that’s now deliberating whether to convict Douglas Swenson and others of fraud and conspiracy charges related to the now-bankrupt DBSI Inc.

Ms. Morse, the lead FBI investigator in the case, testified for the prosecution on March 18 and 19, court papers show. The second day, a juror told the court that while the judge was conferring with attorneys in the case, the juror had spotted Ms. Morse texting on the witness stand.

Judge Winmill said the juror’s comment couldn’t be ignored because it raised a “troubling possibility”—that jurors who had seen Ms. Morse texting on the stand might believe she was being coached during her testimony.

The judge wrote that he asked Ms. Morse about the texting, under oath and without the jury present. He said she responded that she was merely going to turn off her phone “to ensure that it didn’t distract me or make any noise.” She also specifically denied texting anyone. With that, Judge Winmill said he brought the jury back to the courtroom and informed them that he was “satisfied” that she wasn’t using her phone to communicate with anyone but had simply turned off the phone.

But the judge says further reflection led him to wonder whether the juror had spotted Ms. Morse on her phone multiple times. He raised the issue with Ms. Morse, took possession of her cell phone and directed her to return for testimony the following day, March 20. But that morning, Ms. Morse, whose phone records showed she had texted her husband while on the witness stand, was found dead of a self-inflicted gunshot wound. She was 34.

“Her death was devastating,” Judge Winmill wrote.

”A storm of emotion broke over all involved in this trial and drove the proceedings into uncharted waters. Her answers to the Court’s inquiry will now never be explained. The jury has been instructed that what they saw with their own eyes—texting—did not occur, when in fact it did occur. The Court must correct that inaccurate instruction. The Court must also determine how far it will go in recognizing the defendants’ rights under the Confrontation Clause to impeach a key Government witness while at the same time avoiding the morass of a mini-trial over text messages.”

Judge Winmill’s ultimate conclusion, the subject of this April 8 court order, is to issue a new instruction to the jury:

“The Court inquired of Special Agent Morse under oath about texting during a sidebar, and she stated that she was turning off her phone and was not texting. It has now been determined that Special Agent Morse sent four text messages and received four text messages during a sidebar. The text messages were between her and her husband. You may consider these facts in assessing Special Agent Morse’s credibility.”

According to court papers, Ms. Morse in the texts complained about being “[s]till on the stand” and how her testimony is “never going to end.” Her husband texted her, “How is it going?” to which the filing says she responded: “I fu—- up once I will get reemed for it I’m sure.”

Defense attorneys wanted the jury to read the content of Ms. Morse’s texts, arguing that it appears she was questioning her testimony. But Judge Winmill has declined to do so, reasoning that it wouldn’t be fair to present such information without knowing for sure what the texts meant.

“Any attempt by the defendants to infer some meaning would be utter speculation. Allowing that would be profoundly unfair to the Government because it has no way to explain what Special Agent Morse meant,” the judge wrote.

The jury instructions issued, deliberations are underway in the long-running criminal trial. Mr. Swenson and others were indicted last year on charges that they “essentially operated” DBSI like a Ponzi scheme, using new investor money to pay old investors. Mr. Swenson and others allegedly held DBSI out to be a profitable company when it fact it was “universally unprofitable.”

Mr. Swenson and the other defendants have pleaded not guilty to the charges. Their attorneys have argued at trial that the company was a victim of the economic downturn.

DBSI filed for bankruptcy protection in 2008. Two years later, the bankruptcy court approved a payment plan that promised pennies on the dollar to some creditors while others went unpaid.

U.N. Ambassador Wants Texting-While-Driving Bans to Go Global

U.S. Ambassador to the U.N. Samantha Power wants America’s crackdown on texting-while-driving to go global.

In a speech before the U.N. General Assembly, Ms. Power on Thursday touted a “road safety” resolution the U.S. co-sponsored that urges other nations to enact legislation to curb “inappropriate use of cell phones, including texting while driving.”

“Too many drivers simply don’t understand the danger of taking their eyes, even briefly, from the road,” Ms. Power said. “And while drinking is episodic, the use of hand-held devices is chronic. No one should die – or kill – because of a text message.”

The resolution, which was adopted by the General Assembly, “encourages Member States to consider enacting comprehensive legislation on key risk factors for road traffic injuries, including … inappropriate use of cell phones, including texting while driving.”

in America, 43 states, as well as the District of Columbia, have banned text messaging for all drivers, according to the National Conference of State Legislatures. Thirty-seven states and D.C.  have also banned all cell phone use by novice or teen drivers