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 Romance › Re: King of Supplements by chilan: 8:23pm On Feb 27, 2019 |
victorian:You are definitely a young and inexperienced woman. Don't worry, with time, you will learn some harsh truths about life. |
| Romance › Re: King of Supplements by chilan: 8:19pm On Feb 27, 2019 |
You are definitely a young and inexperienced woman. Don't worry, with time, you will learn some harsh truths about life. |
| Politics › The Invalidity Of The Shoot-at-sight Order Of President Buhari by chilan(op): 8:35pm On Feb 26, 2019 |
THE INVALIDITY OF THE SHOOT-AT-SIGHT ORDER OF PRESIDENT BUHARI By Lawrence C. Nnoli “I really give the military and the police the orders to be ruthless. Anybody who thinks he has enough influence in his locality to lead a body of thugs to snatch boxes or to disturb the voting system, he would do it at the expense of his own life.”- President Mohammadu Buhari, February 2019. The above statement was made by the president of Nigeria, Retired General Mohammadu Buhari few days to Nigeria’s 2019 presidential election during a meeting he had with the party chieftains of the ruling All Progressives Congress (APC) which was televised on local television stations within the country. The president whose current tenure expires on 29th May 2019 is seeking a re-election for another four year tenure. As sincere as the above statement may sound, it is laced with utter contempt for the system of rule of law in Nigeria. It is laced with absolute disdain for the sanctity of lives of the people of Nigeria. The system of rule of law says that the law of the land is supreme, nobody is above the law and in the case of any infraction of the law by anybody, such a person will be dealt with according to the laws of the land. For the offence of ballot snatching, Section 118, sub-section 1, paragraph j of the Electoral Act 2010 (as amended) provides as follows: “A person who without authority destroys or in any other manner interferes with a ballot box or its contents or any ballot paper or result form then in use or likely to be used for the purpose of an election is liable on conviction to a maximum term of imprisonment for 2 years.” Also Section 129, sub-section 4 of the Electoral Act 2010 (as amended) also provides: “Any person who snatches or destroys any election material commits an offence and is liable on conviction to 24 months imprisonment.” From the above provisions of the Electoral Act, the offences of ballot-box snatching in all its ramifications have been created, the manner and procedure for punishment of offenders thereof and the attendant punishments have all been established hence the statement of General Buhari is inconsistent and at variance with the position of the law. In the past, Nigeria’s elections including the last presidential election that brought General Buhari to power have all witnessed to a certain degree, the subversion of the electoral will of the Nigerian people through ballot-box snatching among other electoral crimes. Ballot box snatching is done by the politicians and their thugs and in some extreme cases, in concert with law enforcement agents. Despite the widely reported cases of ballot box snatching that occurred during the last presidential election in 2015, not one person was jailed for that crime. As much as the president’s statement may have been made with good intentions, it is important that its implications are brought to the fore. As the popular saying goes, “the way to hell is paved with good intentions”, a president in a democratic setting like ours cannot in one statement suspend the laws of the land and usurp the responsibilities of the third arm of government in deciding who is guilty or not. Those ‘unpresidential’ statements of the president belong to Nigeria’s past. It has no place in a democratic setting. Thankfully, the chairman of the Independent National Electoral Commission (INEC) has reminded the president of that in recently emphasizing the true position of the law that electoral offenders shall be punished only in accordance with the Electoral Act. No matter the defences manufactured by the President’s media team to justify the President’s statement, the President should be reminded that he was sworn on the Koran on the 29th May 2015 to uphold the laws of Nigeria of which the Electoral Act is one of them. He should understand that Nigeria is not his fiefdom where his words are laws. Nigeria is a country governed by laws. If therefore he desires a more severe punishment for ballot box snatchers, he should send an executive bill to the National Assembly for amendment of the Electoral Act and thereby provide stricter punishments for ballot box snatchers rather than making pronouncements over the issue and directing the military and the police on national television to shoot at sight anybody that commits ballot-box snatching. The Nigerian military and the Nigeria police force are also reminded that despite the illegal order given by their commander-in-chief, their ultimate allegiance is to the laws of Nigeria and to the people of Nigeria, hence any order directly against the laws of Nigeria should be disregarded especially orders supporting extra-judicial killings. By Lawrence C. Nnoli is a lawyer based in Lagos, Nigeria http://www.excellawchambers.com/the-invalidity-of-the-shoot-at-sight-order-of-president-buhari/ |
| Politics › Police Brutalization Of Igbo Women In Owerri: Another Sore Wound Of The Republic by chilan(op): 5:12pm On Aug 27, 2018 |
POLICE BRUTALIZATION OF IGBO WOMEN IN OWERRI: ANOTHER SORE WOUND OF THE REPUBLIC ……………………………………………………. By Lawrence C. Nnoli On the orders of the Federal Government of Nigeria led by President Mohammadu Buhari and acting through the Nigeria Police Force, a large number of defenceless and unarmed Igbo women in Owerri numbering about one hundred and twenty seven (127) and ranging from ages 22 to 70 were on 17th August 2018 tear- gassed, beaten up and subsequently hauled into several prisons located in Imo State to spend an indefinite amount of time just for the sole reason that they marched round the town singing songs that asked for the release of Nnamdi Kanu who is the leader of the recently proscribed Independent People of Biafra(IPOB). Nnamdi Kanu was last seen in the public at Umuahia in September 2017 when the military illegally raided his father’s house where he was living. Just as the Federal government through its military illegally raided Nnamdi Kanu’s abode without any legal authority, same treatment was meted out to these defenceless, unarmed and vulnerable Igbo women who after being tear- gassed and beaten up were subjected to an illegal criminal proceedings normally precipitated by what is known as Holding Charge. Holding charge is actually an illegal way the Police or the government normally used in circumventing its citizens’ right to liberty guaranteed under the Nigerian constitution. A holding charge is not a valid criminal charge but a request by the government for the remand of its victim in prison pending whenever it is ready to formally charge the its victim to the proper court. The Supreme Court of Nigeria has held in several number of cases that such charge and proceedings in the lower courts in Nigeria is unknown to Nigerian jurisprudence and therefore illegal. Despite this, that practice still remains prevalent in the Nigerian Criminal Justice System and is mostly used by the state to punish anyone who speaks out against it. One of the saddest things about this illegal charge is that on the average, it takes nothing less than two years for the government to formally bring whoever is accused on that illegal charge to the right court and to make matters worse, anybody hauled into jail on that fathom charge is never entitled to bail because most times, the nature of the trumped up offences contained in that illegal charge is always capital in nature. Capital in nature means that such offences attract a minimum of life sentence in prison or death upon conviction. It is with such offences that these 127 Igbo women were charged before a magistrate court after having been tear-gassed and beaten up for doing no wrong. It is apposite to note that the brutalization of the 127 Igbo women by the Nigeria Police Force came less than 24 hours after the Federal Government announced that it will soon commence another phase of Operation Python Dance in the whole of South East states. It is also instructive to note that it is this same Operation Python Dance that was carried out a year ago where scores of Igbo youths were killed by the military and hundreds of Igbo youths hauled into prison till date without trial and Nnamdi Kanu allegedly taken into custody by the military. The 127 Igbo women’s rights were vigorously pursued and victory gotten for them when on the 24th of August, 2018, they were unconditionally discharged and released by a High Court of Imo state on the application of their lawyers to the court against their unjust incarceration. The ruling of this court discharging them of all the fathom charges brought against them by the police and ordering their unconditional release has highlighted the unconstitutionality of the government’s actions. It has also made double assurance the Nigerian citizens’ right to lawful protest which cannot be taken away by the law enforcement agencies acting on the orders of the federal, state or local government. It is pertinent to observe that while Buhari was quick to move against the Igbo Women and got a whooping 127 number of them arrested and charged to court within 24 hours, he is yet to arrest the herdsmen that have been killing thousands of Nigerians and sacking villages and towns all over the country. It is also pertinent to observe that while Buhari is slow in negotiating and is indeed unable to secure the release of one Christian girl, Leah Sharibu and the other unreleased Chibok girls who have been kidnapped by the Islamist terrorists in the North East part of the country, he is quick to deploy huge resources of the state to teargas, beat up and haul into prison unarmed, defenceless and peaceful Igbo Women who never committed any crime nor did him any wrong. There is already a strong perception and suspicion in the entire South East states of Nigeria that the Buhari led Federal government is hostile to the Igbos who make up the South East states and these suspicions are founded on concrete facts of gross discriminations against the Igbos, one of which is the recent brutalization, beating, maiming and illegal sending into prisons the one hundred and twenty-seven Igbo women who gathered in Owerri to conduct a peaceful protest march asking the government to release the leader of the proscribed IPOB, Nnamdi Kanu. The Buhari led Federal government is hereby reminded that its illegal actions in tear-gassing, beating, maiming and detaining the 127 Igbo women (who were on a peaceful march in Owerri) have no space at all in a civilian democratically elected government and in a country where the supreme power is held by the people. At the least, and for whatever it is worth, the government is hereby advised to immediately tender an unreserved apology to the women with a promise that such will not repeat itself. Doing otherwise or keeping mute about this monstrous illegality committed against the 127 Igbo women will only help to foster the growing hatred and ethnic tension brewing in the country. A word is enough for the wise. http://www.excellawchambers.com/police-brutalization-of-igbo-women-in-owerri-another-sore-wound-of-the-republic/ |
| Properties › Re: Help: My Tenant Packed After Quit Notice, Locked And Took The Keys away by chilan: 8:54pm On Aug 11, 2018 |
fontv1:It is very simple. Get your lawyer to file a simple ex-parte motion to break into and recover possession. It won't take more than two weeks depending on the state where the property is located at. NB: This is not a criminal matter and therefore you need not report same to Police else you will be paying more than necessary. |
| Politics › A Letter From The Grave: How I Died In Prison by chilan(op): 9:25am On Jul 09, 2018 |
A True Life Story A LETTER FROM THE GRAVE: How I died in prison …………………………………………….. My name is Late Mr. Adeyemi Shittu. I died in January 2016 at Ikoyi prison in Lagos state at the age of 34 years. Before my death, I was a native of Okeho town in Kajola Local Government Area of Oyo state but I was born and bred in Ijesha, Lagos state. I attended Baruwa primary school, Ijesha in Lagos state. I did not attend any secondary school because I lost my father. After the death of my father, my mother Mrs Sidi Shittu sent me to our village to go and learn video coverage for three years under Aku Video, Okeho, Oyo state. I completed my tutelage under Aku Video, Okeho in 2004 after which I came back to Lagos. I was living with my mother at No. 17 Celestial road, Igando, Lagos state until her death in 2009. Sometime in August 2010, I went to an Indian hemp smoking joint located at Idi-oro in Mushin, Lagos to smoke Indian hemp where I met two guys named Alayo and Wasiu. They introduced me to their robbery gang because they saw that I have a motorcycle. They gave me one locally made small gun and some cartridges. The first robbery operation I followed them to was at Lagos University Teaching Hospital (LUTH) Idi-Araba, Mushin where we snatched people’s bags at gun-point especially women. We also robbed at a spot called “Empire” which is located in Surulere close to Albati Military barracks Lagos and we collected one Boxer motorcycle from the owner. On Sunday the 7th day of November, 2010 at about 1pm, I carried my partners Alayo and Wasiu on my bike to Ilasa Lagos where we snatched one motorcycle from the owner and Wasiu mounted it and was riding it to escape while I and Alayo were on my own bike trying to escape too. Suddenly, okada riders started chasing us and they pulled my bike from behind and we fell. Alayo who I was carrying on my bike escaped while Wasiu also escaped with the other motorcycle we just snatched from the owner. Immediately I fell, I threw away my gun under a parked vehicle in front of a nearby house before some policemen came to rescue me from the crowd who have already started beating me. The policemen searched my pockets and recovered two cartridges of live bullets. I was quickly taken to the police station where I made my first statement on the 8th of November 2010 telling this particular story. My eventual journey to the land of the dead began after I was arrested and charged for armed robbery at the Magistrate court. After the charge was read to me, the magistrate declined jurisdiction to hear my case saying because the offence of armed robbery charged against was capital in nature, it does not have the powers to entertain it. I was therefore remanded in Ikoyi Prison, Lagos on the orders of the magistrate pending the issuance of the legal advice of the Director of Public Prosecutions (DPP) of Lagos state who then was Mrs Olabisi Ogungbesan but who was later appointed a judge of the Lagos state judiciary. While in prison, only my sister Romoke came to visit me. It took the office of the Director of Public Prosecution almost two years to issue a legal advice on my case. After issuing the legal advice stating that I have a case of armed robbery to answer, a first information report (FIR) which included a charge was filed against me at the High Court of Lagos state. Despite filing the charge against me in 2012, I was not brought to court neither was I arraigned until sometime in April 2013 making it three years I was in prison without trial. All this while I was in prison, I could not hire a lawyer that would defend me and so shortly after my arraignment, the Lagos State Office of the Public Defender got a lawyer to defend me free of charge. After my arraignment in April 2013 at the Lagos State High Court, Igbosere Judicial division before Honourable Justice Aishat Opensanwo, my lawyer filed a bail application which the prosecution did not reply for about six months. However, after they replied it and the application was later heard by the court, the court refused me bail. All this while, I have been very sick in prison. The medical facilities in Ikoyi prison were insufficient to attend to my ailment and my medical condition was worsening by the day. Seeing my worsening health condition, my lawyer re-applied to the court to have pity on me and grant me bail to go and treat myself. The court did so but with high and difficult bail terms which I could not meet and so I have to remain in prison. I became so sick that I could not even go to court when my case was due for hearing. This made the prison authority at Ikoyi prison to write to the court if perhaps my bail conditions could be reviewed. This was done yet the reviewed terms were still high for me to meet as none of my relations was coming to see me in prison again not even Romoke my sister. As my health condition was becoming extremely critical, the court granted me unconditional bail just for me to go and treat myself but nobody came to the prison to take me. My lawyer contacted my sister Romoke to come and carry me and go to hospital but she was reluctant to do so. The prison officials could not take me to any hospital. Sometime in January 2016, I gave up the ghost and died right inside Ikoyi prison. Till now, there are others like me in prison. Edited by Lawrence C. Nnoli |
| Politics › Widow Gets Judgment Against Relatives And Police by chilan(op): 2:35pm On Jul 04, 2018 |
WIDOW GETS JUDGMENT AGAINST RELATIVES AND POLICE ……………………………………………………. The Lagos division of the Federal High Court on Monday 2nd of July 2018 awarded a general damages of two million naira against the Assistant Inspector General of Police Zone 2 and three others in favour of a widow Ms Comfort Obitunde. The widow was detained by the Police for three weeks on a false allegation of murder of her husband. The allegation was made by her daughter, Mrs Sola Dehinbo and the widow’s brother-in-law Folusho Obitunde after they disagreed with the widow and her other children over the burial arrangements of the widow’s deceased husband. Upon her unconditional release from police custody after three weeks, the widow through her counsel, Lawrence C. Nnoli approached the court in November 2017 and prayed the court to declare her unjustified arrest and long detention illegal and unconstitutional and to award consequential damages thereto against the Lagos State Commissioner of Police and the Assistant Inspector General of Police Zone 2 who her daughter, Mrs Sola Dehinbo and her brother in law, Folusho Obitunde employed to maltreat her. Delivering his judgment on the Originating Motion on Notice filed by the widow’s counsel, Justice Muslim Hassan of the Federal High Court, Ikoyi Lagos held that the arrest and subsequent long detention of the widow for three weeks at the Nigeria Police Force, Lagos State Criminal Investigation Department Panti, Yaba at the instigation of the widow’s daughter and her brother- in- law is unlawful, illegal, unconstitutional, null and void being one made without lawful order and exceeding the lawful time allowed by law to detain a suspect for investigation. The court also held that the arrest and detention of the widow is a violation of her fundamental right to personal liberty and freedom of movement as guaranteed by Section 35 of the Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9, Laws of the Federation 2004. The Court consequently awarded the sum of two million naira as general damages jointly against the widow’s daughter, her brother-in- law, the Lagos State Commissioner of Police and the Assistant Inspector General of Police Zone 2 for abuse of state powers. |
| Christianity Etc › Domestic Servants: The New Targets Of Fake Prophets by chilan(op): 5:06pm On Jun 27, 2018 |
DOMESTIC SERVANTS: The new targets of Fake Prophets in Nigeria ..................................................... The Chief Magistrate court of Lagos State sitting in Surulere, Lagos today adjourned the criminal trial of a young housemaid, Miss Idara Archibong to 18th July 2018 for her defence in a case of conspiracy to steal and stealing brought against her by the Nigeria Police Force, Lagos State Command. As it would be recalled, Idara Archibong was arraigned by the Police before Chief Magistrate O.I Adelaja in May 2017 on a two-counts charge of conspiracy to steal and stealing of her employer's hard currencies and gold jewelries valued at over 15 million naira. Following her arraignment, she was remanded in Kirikiri female prison owing to her inability to meet the bail terms and conditions. The case of her employer, Ms. Muriel Cuturi who is a native of Akwa-Ibom state but lives at Lekki- Phase 1, Lagos is that her housemaid, Miss Idara on 27th April 2017 at about 12 noon came into her bedroom where she was and confessed to her that two days earlier when she was in the market on errand for her, a man approached her and started talking to her. She said the man described her (Ms Muriel), where she lives and informed her that her life is in danger. The man further told her that she (Ms Muriel) has a wardrobe in her room where she keeps her gold jewelries and money and that those items must be 'prayed' on to avert a looming disaster in her household. Following these 'prophetic revelations', the housemaid proceeded to cart away all her gold jewelries and hard currencies and handed everything to the fake prophets. Following these confessions by her housemaid, She(Ms Muriel) reported the case at Maroko police station from where the case was transferred to State Criminal Division, Panti, Yaba, Lagos. During trial, the Investigating Police Officer, Inspector Okpoi Kingsley told the court that the housemaid was charmed by some fake prophets at Falomo market where she went to buy foodstuffs and was taken in the fake prophets' vehicle back to Ms Muriel Cuturi's house after giving the housemaid instructions on where her employer's gold and hard currencies were. The Police Witness further told the court that the housemaid collected those items and handed everything over to the fake prophets who zoomed off leaving the housemaid in a state of trance. The Police witness also told the court that it was after the charm has cleared off the eyes of the housemaid two days thereafter that she came back to her senses and reported herself to her boss who then reported the matter to the Police. The Chief Magistrate, Mrs O.I Adelaja has adjourned the case for the defendant to open her defence or file a no-case submission as informed by her counsel, Lawrence C. Nnoli |
| Career › Re: My Firm Owing Me Are Threatening To Arrest My Guarantors by chilan: 7:14am On Jun 21, 2018 |
Send them their money and go to court for your own money and claim interest plus damages. It sounds stupid, right? Yes. But that is the safest thing to do. In this circumstance, they can even allege stealing against you and get Police to arraign you and succeed in sending you to jail. A word is enough for the wise. Need more info, send sms to 08035533560. Please don't call. SMS ONLY! 6 Likes |
| Politics › Curtailing Efcc's Excesses by chilan(op): 1:29am On Jun 12, 2018 |
Lawrence C. Nnoli versus Economic and Financial Crimes Commission (EFCC) ........................................ Following the continuous show of embarrassment that the Economic and Financial Crimes Commission (EFCC) subjects Nigerians who are under its investigation and prosecution by forcing most of them to carry signboards showing the crimes alleged against them and in some cases hanging such signboards on the necks of those suspects while taking pictures of them and uploading same to their website and their social media accounts , Lawrence C. Nnoli, a human rights advocate has filed an Originating Motion on Notice against the EFCC before the Federal High Court sitting in Lagos praying the court to declare such derogatory acts of EFCC unlawful. He is also seeking a perpetual injunction restraining them from publicly parading suspects and making suspects who are still under investigation and prosecution to carry signboards depicting the offence alleged against them or hanging such signboards on the necks of suspects. He has further prayed the court to issue a mandatory injunction against the commission to take down and delete from its website and all its social media accounts all photos and pictures of Nigerian suspects under its investigation and prosecution except for the pictures of those declared wanted under a valid court order. The applicant has argued in his originating process that such derogatory acts meted on Nigerian suspects by the EFCC amount to gross infraction of the rights to dignity of the Nigerians concerned and their rights of presumption of innocence guaranteed them by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 5 and 7 of the African Charter on Human and Peoples Rights Act. The matter which was filed on 8th June 2018 is yet to be assigned to a judge.
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| Politics › Lawyer Asked Chief Judge To Stop Hearing Case Against Governor Of Anambra State by chilan(op): 11:34pm On Apr 30, 2018 |
Following the incessant adjournments of the suit brought by a lawyer, Lawrence C. Nnoli against the Governor of Anambra State and three others, the plaintiff has on 26th April 2018 written to the Honourable Chief Judge of Anambra State, Justice Peter Umeadi asking him to recuse himself from further hearing of the suit and transfer same to another judge for prompt hearing and determination. The plaintiff's letter was premised on the fact that since the matter was instituted at the court and assigned by the Chief Judge to himself for determination, it has suffered numerous adjournments on account of the judge not sitting to hear the matter. As it would be recalled, during the 2017 governorship election campaigns in Anambra state of which the incumbent governor of Anambra state, Mr Willie Obiano was seeking for a re-election, the governor caused a circular to be issued by the head of service of the state and sent to all public servants in Anambra state mandating them to go for voters registration and to thereafter submit their voters card to the state government through their various heads of departments and permanent secretaries else any defaulting civil servant would not receive salary. Following the issuance of this circular, the plaintiff instituted the court action against the Governor, the state government and the head of civil service in the state and prayed the Anambra State High court sitting in Awka and presided by the Chief Judge, Justice Peter Umeadi to among other things declare the controversial circular illegal for being at variance with the provisions of the Nigerian constitution as it relates to conduct of gubernatorial elections and also for grossly contravening Section 131 of the Electoral Act 2010 (as amended) which forbids anyone acting either by himself or through another from inducing or threatening another person to partake in elections. The plaintiff in his letter to the Chief Judge reminded him that the matter was brought under the Fundamental Human Rights Enforcement Procedure Rules 2009 which provides that matters of this nature should be heard and determine expeditiously. He pointed out that the matter has suffered adjournments from 14th August 2017 to 21st September 2017 (when the court did not sit) to 12th October 2017 (when the governor’s lawyer pleaded for more time to file his response to the suit which he has not filed nor served on the plaintiff even as at the time of writing the letter) to 14th December 2017 (when the court did not sit) to 18th January 2018 (when the court did not sit) to 1st March 2018 (when the court did not sit) to 26th April 2018 (when the court did not sit) and now adjourned to 7th June 2018. |
| Politics › Judiciary, A Willing Tool For Executive Totalitarianism? Frn Versus Dino Melaye by chilan(op): 10:26am On Mar 02, 2018 |
JUDICIARY, A WILLING TOOL FOR EXECUTIVE TOTALITARIANISM? FRN VERSUS DINO MELAYE On 1st March 2018, the Federal Republic of Nigeria(FRN) through its Attorney General, Abubakar Malami arraigned one of the most ardent critics of President Mohammadu Buhari administration, Senator Dino Melaye before an Abuja High Court over allegations bordering on giving of false information to the Police. The ordeal of Senator Dino Melaye started in 2017 after a face-off he had with the governor of his state Mr. Yahaya Bello over the way and manner the latter is running the affairs of Kogi state especially as regards to the perennial non-payment of Kogi state civil servants’ salaries and emoluments which has resulted in the deaths of some civil servants in the state. Consequent upon this face-off, an attempt was made by some elements loyal to the state governor to recall Dino from the Senate but the attempt was scuttled by the instrumentality of the court process. Following this failure, some unknown gunmen invaded the residence of Dino Melaye in Kogi state on the midnight of 15th April, 2017 shooting sporadically into his house and destroying some of his cars. After the incident, the Senator raised alarm that his life is in danger and that he strongly suspects the local government chairman of his area Mr. Taofiq Isah (who is a strong loyalist of the state governor) of masterminding the failed assassination plot. Though Taofiq Isah denied the allegation immediately it was made by the senator, fourteen days thereafter, the Nigeria Police Force headquarters issued a press release informing the general public that they had through a “swiftly deployed Police Special Tactical Squad (STS)” carried out “a painstaking and sustained surveillance” and has arrested six suspects involved in the assassination attempt on Senator Dino Melaye and has also recovered a cache of arms and ammunition including a bus suspected to have been used in the assassination operation. In the press release, the Force headquarters corroborated the allegations of Senator Dino Melaye that Mr. Taofiq Isah actually masterminded the failed assassination plot. The Force Headquarters also told the general public that other persons arrested alongside with Taofiq Isah have confessed their involvement in the crime and that they would all be charged to court soon. True to their words, in May 2017, the Force headquarters arraigned the arrested suspects including Mr. Taofiq Isah before a High Court of Kogi state presided by Justice Aromeh Benson Akogu on counts relating to attempted assassination of Senator Dino Melaye. The suspects were on trial till the judge handling the case died mysteriously on 31st December 2017 inside a church where he went for prayers. Soon thereafter, rumour started flying that the Nigeria Police Force will likely drop the criminal charges filed against Taofiq Isah and other co-accused persons. The rumour mill had it that the Federal government led by President Buhari and the Kogi state government led by Yahaya Bello are making efforts on top gear to teach Dino Melaye some lessons over his brazen criticisms of the style of governance of President Mohammadu Buhari and that of Kogi state governor, Yahaya Bello. Thirty days after the sudden strange death of Justice Akogu, the Federal Government through the Attorney General of the Federation Mr. Abubakar Malami filed a criminal charge against Dino Melaye. In the charge, Dino was accused of deliberately giving false information to the police in order to frame Yahaya Bello’s Chief –of- Staff as the mastermind of the assassination attempt on him at his hometown in April 2017. However a critical and unbiased analysis of the entire issues surrounding this curious arraignment of the vociferous senator will throw up vital questions and answers as follows: 1. Was there really an assassination attempt on Dino confirmed by the Nigeria Police Force? Yes 2. Did the Nigeria Police Force make some arrest of the prime suspects? Yes 3. Were there prima facie evidence(s) that the prime suspects arrested by the Police were culpable given their confessional statements and the exhibits obtained and recovered by the Police? Yes 4. Did Dino mention the name of the Chief- of- Staff of Kogi state government as one of the people he was suspecting for the failed assassination? No 5. Even if he did, given the circumstances of the aftermath of his face-off with the governor of Kogi state, the failed recall attempts made by some loyalists of the governor and the subsequent failed assassination plot on his life coupled with the confessional statements of the prime suspects arrested and paraded by the Nigeria Police Force, could the allegation be considered a wild one? No 6. Could the action of the AGF in hurriedly filing a criminal charge against Dino Melaye a victim of a substantiated failed assassination plot be considered to have been done in good faith especially when the trial of the prime suspects of the said assassination attempt is still on-going at the court? No Despite these glaring issues and the objective answers thereon, the Federal government led by the Attorney General of the Federation Mr. Abubakar Malami went ahead to arraign Dino Melaye. Be that as it may, this case has presented an excellent opportunity for the Nigerian judiciary to once more showcase the mettle of bravery and courage which it’s known for in confronting abuse of state power normally perpetrated by the Executive arm of government towards muzzling its critics and suppressing dissident voices of opposition. Written by Lawrence C. Nnoli, a lawyer and a former federal prosecutor. |
| Politics › Lawyer Sues Assistant Inspector General Of Police For Ten Million Naira by chilan(op): 10:16am On Feb 02, 2018*. Modified: 2:15pm On Feb 02, 2018 |
LAWYER SUES ASSISTANT INSPECTOR GENERAL OF POLICE FOR TEN MILLION NAIRA Following the expiration of his notice of intention to commence legal action served on Police Sergeant Shaibu Sunday together with the Assistant Inspector General of Police, Zone 2 and the Police Service Commission, Lawrence C. Nnoli Esq, our managing partner has filed a summary summons against Sergeant Shaibu Sunday and the Nigeria Police authorities at the Magistrate Court of Lagos State with suit number MKD/10M/2018 for payment of damages of ten million naira for assault, battery and defamation meted on him on the 29th September 2017 by Sergeant Shaibu Sunday at the Zonal Intervention Squad, Ladegboye, Ikorodu, Lagos,. As it would be recalled, the claimant who is a lawyer visited Zonal Intervention Squad, Ladegboye, Ikorodu, Lagos on the 29th September 2017. The visit of the claimant was premised on a frantic phone call he received from his client, Mr. Ralph Ihedioha who was arrested by men of the Zonal Intervention Squad at the behest of one Miss Omowunmi Adegboyega who alleged fraud against the claimant’s client. The claimant’s client was arrested at his office in Oshodi, Lagos without prior letter of invitation or notice from the policemen attached with the Zonal Intervention Squad or from the Nigeria Police Force and without any warrant of arrest and was conveyed with his own vehicle all the way from Oshodi to Ikorodu by policemen from the Zonal Intervention Squad. After receiving the call from his client, the claimant rushed down to the premises of the Zonal Intervention Squad which also houses a police station, he was directed upon enquiry at the Police desk to the Zonal Intervention Squad corner where his client together with the Investigating Police Officer who is Sergeant Shaibu Sunday were seated. The claimant greeted the Investigating Police Officer and his client and introduced himself as the lawyer to Mr. Ralph Ihedioha. Before the claimant could finish his introduction, the Investigating Police Officer, Sergeant Shaibu Sunday started shouting at him, shaking his fists at his face and telling him to leave the premises and that he will not give him the opportunity to talk to his client until he the Investigating Police Officer finishes taking down the statement of Mr.Ralph Ihedioha. When the claimant tried to explain to the Investigating Police Officer that such procedure is alien in criminal procedure, the Investigating Police Officer who was wearing an earring, rose up sharply and ordered the plaintiff to leave the Zonal Intervention Squad premises immediately. The claimant fearing an immediate attack upon himself from the Investigating Police Officer, turned around and started walking out of the Zonal Intervention Squad premises. While he was walking out of the Zonal Intervention Squad premises, the Investigating Police Officer Sergeant Shaibu Sunday rushed towards him and violently pushed him three times shouting on him and calling him derogatory names demeaning his status as a qualified lawyer. While this was happening, one of the policemen together with the driver of the claimant’s client and one of his employees rushed towards the Investigating Police Officer, restrained him, begging him that there is no need for the assault on the claimant since he is already obeying his orders of leaving the ZIS premises. Despite those physical restraints, he continued to shout and berate the plaintiff with derogatory statements. When the claimant left the ZIS premises, he put a phone call to the commander of the Zonal Intervention Squad who is CSP Olugbenga Megbope and reported the incident to him. Following this, the commander intervened and prevailed on the sergeant to allow the claimant to attend to his client. The matter has been set down for report of service at the court on 15th February 2018. http://www.excellawchambers.com/update-on-police-brutality-on-lawrence-c-nnoli-esq/ |
| Family › Re: Help!! My Father's Brother Wants To Inherit Some Of His Properties by chilan: 5:53am On Nov 20, 2017 |
Bad advice. So because the man is a brother of the deceased, he should inherit his late brother's property when the deceased man has wife and children? For proper advice, simply send an email and a request for free legal advice to info@excellawchambers.com NwaAmaikpe: |
| Politics › UPDATE On The Court Case Against Lagos State Government Over Vehicle Radio Tax by chilan(op): 10:28am On Oct 26, 2017 |
| Politics › Christian Lawyers Fellowship Of Nigeria (clasfon) Elects New Exco by chilan(op): 5:59am On Oct 06, 2017 |
Christian Lawyers Fellowship of Nigeria (CLASFON) Lagos Branch on Thursday 5th October, 2017 elected new executive committee officers that will lead the Lagos branch of the organization. Lawrence C. Nnoli, Queen Onuobia and Oluwafemi Ijayeoba were elected as chairman, secretary and public relations officer respectively. In his inaugural speech, the newly elected chairman, Lawrence C. Nnoli pledged on behalf of the newly elected leadership to uphold the ideals of the organization and further take the Lagos branch of CLASFON to greater heights. CLASFON is the umbrella organization for all Christian lawyers in Nigeria. Established in 1979, CLASFON membership includes judges, magistrates, lawyers and law students from all Christian denominations. CLASFON has played a major role in helping to define church/state relationship in Nigeria. The tenure of the newly elected executive committee officers is for three years. |
| Travel › Re: My Experience With "God Bless Ezenwata Motors" by chilan: 1:25pm On Sep 14, 2017 |
Brooke60:If you still have the ticket you were issued with for that journey, Please send sms to 08035533560 and you will be contacted. 5 Likes |
| Politics › Why Looters Are Beating Efcc: Open Letter To Olisa Agbakoba San by chilan(op): 8:12am On Sep 12, 2017 |
11th September, 2017 DR. OLISA AGBAKOBA (SAN) Maritime Complex 34 Creek Road, Apapa Lagos. Dear sir, A REJOINDER ON “WHY LOOTERS ARE BEATING EFCC HANDS DOWN” ........................................................................................ I write in response to one of your answers on “Why looters are beating EFCC hands down” which is contained in a press interview you granted THE NATION Newspaper and which was published on its website on the 3rd day of September 2017. Among several reasons you gave for the defeats suffered by EFCC in its war against corruption, you attributed same to the agency’s usage of “penny-penny lawyers” in prosecuting its cases. Your exact words as published by the newspaper are: “You can’t fight corruption with penny-penny lawyers. The looters have stolen trillions and you think you will be paying lawyers peanuts and they will beat us who are paid in millions? So, those are part of the problems with the anti-corruption war.” While I agree to those other reasons you gave for the defeats that EFCC suffered in court in its fight against corruption, I humbly disagree to this reason mentioned above. At the risk of sounding immodest, I dare say that this particular answer you gave to the topical question is not only derogatory to professional colleagues of yours (of which I am one) but also to a large extent amounts to a fallacy. No one is left in doubt that your expression of ‘penny-penny lawyers’ in the press interview you granted refers to lawyers who cannot charge expensive legal fees and who do not charge so much money for their legal services. With due respect sir, your answer constitute an unabashed admission of the popular misconception (making rounds within Nigeria and overseas) that once a crime suspect pays millions or even billions to certain lawyers in Nigeria, he is sure of getting legal reprieve as such can be obtained for him by those handsomely paid lawyers either by hook or by crook. Your answer has also lent undue credence to the lie that high quality legal services cannot be gotten at low fees or even at no fees thus disparaging the efforts of sincere public interest lawyers who charge little or no fee to pursue the course of justice for the common man in Nigeria. Your answer is also a negation of a well known fact that lawyers and even Senior Advocates who charge very expensive fees lose cases too. Infact, it is on record that the EFCC under its former chairman, Farida Waziri contracted various high profile cases to many Senior Advocates of Nigeria to prosecute on its behalf of which these lawyers were paid millions of naira and yet no qualitative result (commensurable to the millions of naira received by them) came out of those retainerships; the cases of Erastus Akingbola, Francis Atuche, Bode George, Okey Nwosu etc come to mind. As a former president of the Nigeria Bar Association, it behoves on you to always ensure that aspersions are not unduly cast at the legal profession and that legal practitioners are not vilified unnecessarily in the public. EFCC may not have done very well, but given the resources they have at the moment, they are not doing very badly. With due respect sir, EFCC’s problems do not include the lack of competent lawyers as you averred in your interview but rather the paucity of competent lawyers. There is a difference between the two. You are an eminent member of the legal profession in Nigeria (having been a member of the National Judicial Council, former president of the Nigerian Bar Association, and recently shortlisted by the Nigerian Bar Association to be appointed a Justice of the Supreme Court of Nigeria), hence your comments have a far and wide reaching effect in Nigeria especially in the legal industry. The susceptibility of some lawyers losing their clients to expensive lawyers like you just because of those comments is high; also other lawyers whose clients’ cases were lost in court for reasons not based on competence of counsel will overlook the real reason for their losses and would wrongly ascribe the reason for such losses to their inability to hire expensive lawyers like you just because of those comments of yours. Moreso, your comments have thrown a dirty blanket over commendable efforts and expertise of many bright young lawyers in the legal profession whose clientele base have not yet grown and therefore cannot afford to charge expensive fees. It is undeniable that the successes of very expensive lawyers are actually the results of great efforts and exertions of hardworking young lawyers who are in the employment of these expensive lawyers and who most times are even underpaid by these expensive lawyers. Moreso, your comments have actually worsened the plight of the Nigerian masses who have no access to ‘expensive lawyers’. The impressions conveyed by your comments that unless the legal fee charged by a lawyer is astronomical, the quality of his legal service is in doubt and that it is only expensive lawyers that can deliver high quality legal service is dangerously misleading. The effect of these statements could lead to unnecessary widespread of loss of confidence in the legal skills and abilities of non-senior advocates and young lawyers to handle cases of consequential nature. You were once a young lawyer who after being called to the Nigerian bar had just one year’s stint at the Nigerian Institute of International Affairs and Intelligence Department before setting up your law firm. You had no law practice experience before then and yet you excelled competing with big and older lawyers. If you could do that in those heydays of yours, there are more than a handful of young lawyers that are currently doing that even within the EFCC and in private legal practice. The hard fact remains that your response to the question have done more harm than good not just to the EFCC but also to the legal profession, the judiciary and to the image of Nigeria. Thank you Sir. Yours sincerely, Lawrence C. Nnoli |
| Politics › Anambra State Governor, Willie Obiano In Trouble! by chilan(op): 11:43am On Jul 29, 2017 |
A Lagos based lawyer, Lawrence C. Nnoli who hails from Anambra state has on behalf of all public servants in Anambra state filed an Originating Summons against the Governor of Anambra State, Chief Willie Obiano for issuing a circular through the Head of Service to all public servants in the State forcing them to partake in the on-going INEC voters registration. The circular dated 11th July 2017 made it mandatory that in view of the importance the State Government attached to the upcoming Anambra governorship election slated for Novemeber 18th 2017, all public servants in the state must go for voters registration and thereafter submit photocopies of their voters card to their permanent secretaries and the original copies for sighting before they will be paid their August 2017 salary. Lawrence C. Nnoli has argued in his Originating Summons that such directives offends Section 4 and item 22, part 1 of the Second Schedule of the Nigerian Constitution which vest exclusive power on the National Assembly to make any law whatsoever on any matter regarding governorship elections in Nigeria. The lawyer has further argued that such directive offends the freewill of the public servants of Anambra state to participate freely in the government of their state through voting. The lawyer buttressed that the circular is a gross infraction of rights of workers which is already guaranteed by Articles 13 and 15 of the African Charter on Human and Peoples Right which has been domesticated and can now be enforced in Nigeria. He further argued that the threat of non - payment of August salary for any public servant who does not comply with the circular is equally a contravention of Section 131 of the Electoral Act 2010(as amended) which criminalizes such act and equally forbids any person from coercing, forcing, or inducing any person to participate in elections. In view of all these, he has asked the High Court sitting in Awka to set aside such circular for being inconsistent with Sections 1 and 4 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The suit is awaiting assignment by the Chief Judge.
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| Politics › Widow Drags Chisco Transport Limited To Court by chilan(op): 8:06pm On Jul 20, 2017*. Modified: 9:50am On Jul 21, 2017 |
Chisco Transport Nigeria Limited owned by Dr Chidi Anyaegbu (MFR) has been dragged to the National Industrial Court sitting in Lagos over its refusal to pay the entitlements of one of its deceased truck drivers, Late Mr. Augustine Nwauwa. The late driver who has been in the employment of ChiscoTransport Nigeria Limited since 2002 was on 3rd October 2012 directed by Chisco management to deliver a truck- load of goods to one of its customers at Festac town, Lagos. While the goods were being unloaded at the premises of the customer, the driver who was sitting at the driver's seat all the while the goods were being unloaded was found mysteriously dead right on the driver’s seat when the unloading was completed. Following several fruitless appeals made by the widow of the deceased to Dr. Chidi Anyaegbu (MFR) and also to the management of Chisco Transport Nigeria Limited to pay the deceased family all outstanding salaries and other emoluments owed the deceased driver before his demise, the widow has commenced legal proceedings through her lawyer Lawrence C. Nnoli at the National Industrial Court, Lagos before Justice J.D Peters. |
| Crime › Uniabuja Contract Scam: Court Intervenes by chilan(op): 7:46pm On Jun 06, 2017 |
.................................................................................. Justice K. A Jose of the Lagos State High Court on Monday, 5th June 2017 awarded judgment against Henpatray Concept Nigeria Limited in favour of Mr. Wole Sonuga and his company, Exchequer Limited who are the claimants in a commercial suit brought against Henpatray Concept Nigeria Limited. Henpatray Concept Nigeria Limited is owned by Ms. Veronica Okei, a younger sister of Joe Odumakin who is the President of Woman Arise for Change. Veronica Okei used her company’s name in 2014 to deceitfully obtain the sum of One Million, forty thousand naira from the claimants and assured the claimants that the money will be used to secure an Advance Payment Guarantee on a contract that she has secured from the University of Abuja to build official staff quarters for the institution’s medical health workers and non-academic staff, and that in exchange for the money, she will sub-contract the project to the claimants for execution. Promising to pay back the money obtained from the claimants within one month of receipt of the money, she defaulted and started avoiding the claimant’s calls and contacts. In the course of trying to locate her and her company, a search conducted at the Corporate Affairs Commission revealed that Veronica Okei used her sister’s office address – Women Arise for Change as her own company’s registered address. During the course of the court’s proceedings and in a counter affidavit deposed to by one Mr. Adeleye Somefun Olasunkanmi who claims to be in the employment of Veronica Okei’s company but was actually a staff of the Woman Arise for Change, Veronica Okei’s company told the court that the contract entered into by Veronica Okei was not binding on the company because of the absence of a company seal on the agreement signed by Veronica Okei . Justice K.A. Jose while delivering her ruling in a motion for summary judgment brought by the claimants’ lawyer, Lawrence C. Nnoli rejected the arguments of counsel to Veronica Okei and her company stating that the company cannot resile from a contract in which Veronica Okei entered on its behalf as the Managing Director. The court awarded judgment against the company and also awarded fifty thousand naira as cost of action. The court however adjourned to 16th November 2017 for trial to consider the sum of Ten million naira damages sought for by the claimants against Veronica Okei’s company. |
| Politics › Re: Lawyer Sues Lagos State Government On Motor Vehicle Radio Tax by chilan(op): 10:11am On May 19, 2017 |
oweniwe:  |
| Politics › Re: Lawyer Sues Lagos State Government On Motor Vehicle Radio Tax by chilan(op): 8:04am On May 19, 2017 |
SIRmanjar:We already have a law of that nature in place (Taxes and Levies) Act 1998 but Lagos state government will either flagrantly disobey the law or find an illegal way to go around it which is exactly what is happening in this instant curious "Motor Vehicle Radio License fee" |
| Politics › Lawyer Sues Lagos State Government On Motor Vehicle Radio Tax by chilan(op): 5:42am On May 19, 2017*. Modified: 6:05am On May 19, 2017 |
FROM NNOLI LAWRENCE & ASSOCIATES, LAGOS ........................ PRESS RELEASE ........................... Following the illegal introduction of "Motor Vehicle Radio License Fee" by the Lagos State Government through the Motor Vehicle Administration Agency(which is the government agency in Lagos State that issues vehicle license), a suit has been filed against the Lagos State government by our managing partner, Mr. Lawrence C. Nnoli at the Lagos State High Court challenging the action of the Lagos State Government. The Motor Vehicle Radio license fee was introduced in March 2017 as part of Lagos State "ingenious" way of raising internally generated revenue. The position of the Nigerian laws on taxes and levies are very clear as to the taxes that could be imposed on Nigerian citizens and the authorities that could collect such taxes or levies. In flagrant disregard to these Nigerian laws on taxes and levies, the Lagos State government have gone ahead to introduce and collect Motor Vehicle Radio License Fee which is unlawful for it to impose on its Residents and as well collect same. Of all the states that make up the Nigerian federation, it is only Lagos State government that does this. In March 2017, the Lagos State government through its agency known as Motor Vehicle Administration Agency without any form of legality whatsoever introduced a compulsory Motor Vehicle Radio license fee for all vehicle owners in the State and made the payment of such license fee a mandatory requirement for the issuance and renewal of vehicle license. With this, nobody can register his or her vehicle in Lagos State or renew same without paying for motor vehicle radio license. This is simply illegal. It is clear that the introduction of the Motor Vehicle Radio license fee does not fall within the ambit of the powers and functions of the Lagos State government as stipulated in Section 4 of the Motor Vehicle Administration Agency Law 2007. It is also elaborate in the Constitution of the Federal Republic of Nigeria 1999 (as amended) that imposition and collection of Radio and Television license fees are the constitutional and exclusive functions of the Local Government authorities and councils as spelt out in the Fourth schedule of the Constitution. This role of the local government as provided in the Constitution was also recognized by the Local Government Administration Law of Lagos State 1999; and in that law, the collection of radio license was specifically excluded for motor vehicles, communication gadgets and transmitters. In addition, the Taxes and Levies (Approved collection list) Act of 1998 which now falls under the existing laws of the country as safeguarded by Section 315 of the Constitution of the Federal Republic of Nigeria 1999 as (amended) specifically provides that if at all such vehicle radio tax should be imposed and collected, it is only the local government of the state in which the car is registered that can impose and collect such tax. This is not what we are currently witnessing in Lagos State. What we are witnessing in Lagos State is a situation where the State Government indiscriminately imposes any manner of levy or tax at any rate it deems fit on its residents. With the institution of this suit at the Lagos State High Court sitting at Igbosere, Lagos Island, the Judiciary as the last hope of the common man is now called upon to rescue the Lagos State residents from the imposition of excessive taxation by the government of Lagos state. Signed Nnoli Lawrence & Associates (Excel Law Chambers) www.excellawchambers.com 1 Like |
| Career › The Nigerialawyer.com Legal Personality Of The Week by chilan(op): 2:27pm On May 11, 2017 |
Q: Could you briefly introduce yourself? A: My name is Lawrence C. Nnoli. I am ten years old at the bar. I am the managing partner of Nnoli Lawrence & Associates. Q: What area (s) of law interests you? A: Apart from the general practice of law which I engage in, I love litigation, Intellectual Property and Criminal Law. Q: What do you like most about legal practice? A: It is a tool for social engineering. There is no area of life you won't need a lawyer. From family to religion to business. Q: Why do you choose to be a lawyer? A: It happened when I was in Primary three. I was having a discussion with my maternal uncle and grandmum when the subject of what I would like to become in future came up. I cannot remember what I answered then, but I remember that my uncle told me that the law profession is a very good and respected profession and from then, I told myself I will be a lawyer. Q: What is your most critical time in practice you had to deal with? A: It was when I had to make a decision to leave public service for private practice. It was a tough decision seeing that I was leaving the known for the unknown. After consultations and deep thinking, I handed over my resignation letter to pursue my dreams. And I am happy for it today. Q: What do you think determines progress in practice? A: God-factor, a lot of hardwork, integrity and courage. Q: What are your outside interests and hobbies? A: I don't really have outside interests and hobbies; apart from devoting time for my family and for church activities, I spend most of my time on legal practice related activites. Q: Have you ever benefited from your disappointment/mistakes? A: Very well. In fact those disappointments and mistakes most times served as sources of motivation. Q: Could you tell us your experience as a young lawyer ? A: One unforgettable experience as a young lawyer is my first court appearance. After NYSC, I worked briefly in a private law firm. Not too long after I resumed, we had a criminal appeal at the Court of Appeal Abuja division and the appeal was prepared solely by my principal and was to be taken by him. I remember that on this fateful day I arrive office early in the morning as usual and received a call from my principal that I should pick up the casefile and go to the Court of Appeal Abuja division and that he would soon join me. I went to the court with the casefile with the hope to hand it over to my principal for him to do the case only for him to call me and tell me that he would likely not meet up in time before the matter is called up. He told me to quickly peruse the casefile and the motions to be moved. Honestly, I was scared because that would be my first court appearance on my own ever and the matter was against Nigerian Drug Law Enforcement Agency (NDLEA) which was represented by their then director of prosecution, Mr. Femi Oloruntoba. Justice Mary Peter Odili was the presiding justice. I had to quickly approach my Mr Femi Oloruntoba and explain my predicament so that when I move the motions, he would not say anything that would put me on the spot. Luckily for me, he understood and that was that. I moved the motions and ever since then, I vowed that on no account would I go to court without preparing for the worst case scenario. Q: Who has been most influential in your life? A: My maternal grandmum because I lived with her for the greater part of my childhood and adolescent years. She was a staunch Christian who believed and lived a life based on Christian principles. She was one of the most disciplined persons I have ever known. Q: Your word of encouragement to up coming lawyers ? A: Hardwork, patience and integrity should be your watchword. http://thenigerialawyer.com/hardwork-patience-and-integrity-should-be-your-watchword/
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| Crime › Re: Man Prefers Prison Than To Refund N6m He Stole by chilan: 6:32pm On May 06, 2017 |
ijustdey: |
| Politics › Piracy Of Against The Run Of Play: Examining The Issues And The Solutions by chilan(op): 8:14am On May 05, 2017 |
Ever since Olusegun Adeniyi, a former presidential spokesman for the late President Umaru Musa Yar’Adua launched his book titled “Against the Run of Play”, there has been a lot of concerns voiced out by many regarding the piracy of the book barely three days after its launch. The internet has been buzzed by many who have called out against the Nigerian government for its seeming ineptitude to tackle copyright piracy in Nigeria. All blames from concerned citizens and even from the author himself have gone to the Federal Government’s inability to forestall copyright infractions and crimes against intellectual property. A group of intellectual property practitioners have blamed the National Assembly for not passing the new copyright bill that would have amended the substantive Copyright Act of 2004 which in their own view would have sufficiently taken care of the issue of piracy once and for all. Others have blamed the Nigerian Copyright Commission and other relevant government agencies for not rising up to their responsibility of protecting works of copyright owners; and some others have simply blamed Nigerians for not appreciating intellectual property works and are even the ones conniving and encouraging those unscrupulous fellows to pirate intellectual works of arts and sciences. Interestingly, even the majority of the public who downloaded the book on their gadgets and shared same on WhatsApp, Emails, Twitter and other online media joined to criticize the government. It is most baffling that the author and his publishers Kachifo Publishers Limited who are not novices to the activities of pirates in the Publishing industry have fallen prey to the menace of piracy and especially to that kind of piracy that is not very common in the publishing industry-online piracy. Going by the tweet sent out by the author in his twitter account on 1st May 2017, he and his publishers seemed to be helpless in the face of the ugly situation and have consequently resigned to fate as if there are no remedies on ground to assuage the harm done by the acts of piracy which they are currently facing. This attitude of ignorance or nonchalance of owners of intellectual property works towards the protection of their intellectual property rights is the bane of the development of intellectual property law and administration in Nigeria. Despite the challenges complained of by the author, there are still quite a number of options available to him and other owners of intellectual property whose works have been infringed upon. Besides reporting such infractions to the Nigerian Copyright Commission, the Economic and Financial Crimes Commission (EFCC) and the Police also share joint responsibility of protection and enforcement of intellectual property rights and laws in Nigeria. The Copyright Act 2004 also made magnanimous provisions for copyright owners whose rights have been breached to institute civil action in court against offenders even while criminal investigations and prosecutions are still on-going. Also available for the author is the “notice-and-takedown” policy of the Nigerian Copyright Commission which involves the copyright owner filing a notice of infringement at the Copyright Commission against the offending websites and their web hosts after which the Commission processes the complaint and goes ahead to have the offending websites taken down if the web hosts do not by themselves take down the offending post or link. As with other laws in Nigeria, copyright laws and administration are faced with the similar problems of ineffective enforcement of laws, lacklustre process of adjudication and prosecution of offenders at the courts and poor funding and remuneration of government staff. On the issue at hand, the act of blaming ‘the authorities’ by an enlightened author like Olusegun Adeniyi and his publishers Kachifo Publishers Limited is akin to playing the ostrich game. Publishing is like any other business and profession in Nigeria. Every business and profession is faced with its own problems and challenges; and in these other businesses and professions, the players and stakeholders therein have had to deal with their own challenges which in some instances are even more devastating than the problem of copyright infractions in the publishing industry. Olusegun Adeniyi’s resignation to fate and calling on ‘the authorities’ which he was once a part of is not a good way to deal with the present challenges of copyright piracy in Nigeria. Copyright is like any other economic right. For instance, no land owner whose possessory rights have been trespassed upon would merely release a tweet and call on the government to protect him against trespassers and then go to sleep. Such a land owner would be seen to be very ignorant of the laws and actions he needs to take in the face of his malady. The same thing goes to owners of intellectual properties. Until copyright owners and owners of intellectual property begin to make use of the options at hand and (or) devise a means to protect themselves against copyright trespassers and violations, they will continue to wail in perpetuity. In the case of Olusegun Adeniyi, what is more worrisome is the failure of people like him and his publishers to realize that they themselves have what it takes to successfully lobby for a better regime of intellectual property administration in Nigeria. While Kachifo Publishers Limited is the authorized publisher of former president Olusegun Obasanjo’s trilogy titled ‘My Watch’, Olusegun Adeniyi has had and is still having frequent direct and unfettered access to the high and mighty in the land. These personalities that he rub shoulders with can at the snap of a finger change the course of intellectual property administration in Nigeria if only the author had taken it upon himself to engage them. The idea of screaming blue murder of how intellectual property works of authors and artistes are being violated in Nigeria with impunity would do nobody good if no concrete actions are taken by major stakeholders to curb the menace. Infact, the screams have done more bad than good as Nigeria in the comity of nation is now seen as the hub of intellectual property violations while Nigerians are now seen as intellectual property fraudsters. This article was written by Lawrence .C. Nnoli, the Managing Partner of Nnoli Lawrence & Associates (Excel Law Chambers). Email: lawrence.nnoli@excellawchambers.com Phone: +234-0-8035533560 http://www.excellawchambers.com/piracy-of-against-the-run-of-play-examining-the-issues-and-proffering-solutions/ |
| Politics › Re: Francis Mgboh, Nnamdi Kanu's Lawyer Writes Orji Uzor Kalu For His Negotiation by chilan: 2:49pm On May 03, 2017 |
Youngadvocate:Dis lawyer sef. See grammatical blunders everywhere for im letter. Chai! |
| Phones › Re: I Need To Be Flogged by chilan: 8:10pm On Apr 16, 2017 |
exotique1fy:Try first, if you don't succeed, send me a mail lawrence.nnoli@excellawchambers.com |
| Phones › Re: I Need To Be Flogged by chilan: 5:53pm On Apr 15, 2017 |
exotique1fy:I have read all the suggestions made by members. My take is to simply ask for a refund from the seller or a new one. As a consumer, that is your right. Anything short of these, my hand no dey am. |
| Politics › Pride, Politics And Law: Nigerian Senate Versus Colonel Hammed Ali (2) by chilan(op): 5:34pm On Apr 03, 2017 |
PRIDE, POLITICS AND LAW: Nigerian Senate versus Hammed Ali (Retd) PART TWO ................................................ ...Several arguments have been trumped up by those canvassing and supporting the action of Col. Hammed Ali (Retd) in not wearing his Customs’ uniform. They include: 1. That wearing of uniform does not determine the performance or competence of the Customs’ boss and therefore it should not preoccupy the minds of Nigerians that Col. Hammed Ali(Retd) is not wearing the uniform of the agency that he is leading. Yes, to an extent, the wearing of uniform does not necessarily determine how efficient the person wearing it will perform but it is worthy to note that to a very large extent, it is the uniform of these Customs officers that gives them the ostensible authority to stand at the ports or on the highways and flag down vehicles. The uniform in a way grants them legitimacy in the eyes of the public. Without the uniform, no citizen is under obligation of any kind to stop his vehicle and permit a non-uniformed Customs official to search his vehicle or to allow himself to be frisked by such individual. Despite the fact that it is not written anywhere in the Customs and Excise Management Act (CEMA) nor in any of the Customs regulations that Customs officers must wear their uniforms, it is equally pertinent to observe that no law forbids retired officers of the Nigerian Army from wearing uniforms of whatever paramilitary agency they are appointed to after their retirement. That being the case, it would not be entirely wrong for one to describe retired Col. Hammed Ali's blunt refusal in wearing his Customs uniform as either a show of untamed pride or a show of crass ignorance of basic tenets of effective leadership ... READ MORE http://www.excellawchambers.com/pride-politics-and-law-nigerian-senate-versus-colonel-hameed-ali-retd-part-two/ |
| Career › Re: I Resigned After Receiving My Salary: Help, Am I In Trouble? by chilan: 6:32pm On Mar 31, 2017 |
Send an email to info@excellawchambers.com or call 08035533560 for help Teensway: |
. They need to do something about their Buses, and in case a Bus breaks down, there should be another option for their passengers and also their safety.