The Rule of Law: The Order of Justice

THE MILITARY GOVERNOR OF LAGOS STATE V OJUKWU AND ANOR.

Suit No: SC.241/1985

Before Their Lordships
ANDREWS OTUTU OBASEKI Justice of the Supreme Court
KAYODE ESO Justice of the Supreme Court
MUHAMMADU LAWAL UWAIS Justice of the Supreme Court
SAIDU KAWU Justice of the Supreme Court
CHUKWUDIFU AKUNNE OPUTA Justice of the Supreme Court

The facts of the case are as follows.
On October 10th 1985, Emeka Ojukwu (respondent) made an ex-parte application at the High Court of Lagos state before Omotosho J, he sought an injunction restraining the Military Governor of Lagos state, the Commissioner of Police Lagos state and The Attorney General of Lagos state from ejecting him (Ojukwu) and his family members from No 29 Queens Drive Ikoyi, to which he referred to in his application to the Court as his house.
The interim order which Ojukwu sought from the court was only meant to operate for a specific time pending when the issues before the court would be determined. Ojukwu affixed an affidavit in which he swore before the High Court that the house belonged to his father after whose death he inherited the house.
He further deposed on oath that during the civil war which lasted from 1967-1970 where he led the Biafran army against Nigeria, the house was unoccupied all through the war and although the war ended in 1970 he only came back to Nigeria from exile in 1982 after he had been granted full pardon by the Federal Government of Nigeria. Ojukwu moved back to the house after having paid the sum of ninety thousand naira to the Lagos state government for "expenses incurred by the said government in keeping the house", and also that all members of his family had been residing in the house before the case at hand was instituted before the court.
The trial Judge granted the interim order for injunction on the grounds of his ownership of the house and the looming fears of the government evicting him. The matter then moved to one of notice to the Lagos state government, Ojukwu would then change his words. He now said that the property belonged to Ojukwu Transport Company which was owned by his late father and that the ninety thousand naira was paid to agents who were in charge of the property for the purpose of securing a lease of the property.
The trial judge refused equitable relief of injunction against the Lagos state government on the ground that the property is an abandoned property and that Ojukwu failed to sufficiently prove that he had a legal right to or interest in the said property. In conclusion the learned Trial judge asserted that Ojukwu himself had not come to equity with clean hands.
After this case was decided at the trial court and judgment given an application was made by Ojukwu Transport Company as an interested party in the case asking for leave to appeal against the judgment of the high court and also an application by Ojukwu that he be reinstated at his residence No 29 queens Drive Ikoyi. The court paid attention to the prayer of the appellant and particularly frowned at the fact that the Lagos state government evicted Ojukwu from his residence despite the fact that his application was pending before the Court of Appeal, this action the state government termed "self-help", the court came to the conclusion that the right to self-help ended when the issues came before the court, the court then ordered that Ojukwu be reinstated into the property.
It is noteworthy however to point out that the Lagos state government refused to comply with the order of the court of appeal The order was made on 13th November 1985 and was in the following terms -
(ii) "Pending the determination of the appeal of the applicant against the said decision, against the respondents and in favour of the applicant an order of mandatory injunction restoring the applicant in his residence at No. 29, Queen's Drive, Ikoyi, Lagos, and restraining the respondents and all their officers, servants, agents, and functionaries from evicting or taking any steps to evict the applicant from his residence at No. 29 Queen's Drive, Ikoyi, Lagos."
Rather than comply with the order of the court the Lagos state government appealed on November 22nd to the Supreme Court on the ground that "the remedy of interlocutory injunction is not available for an act which has been carried out and concluded"
Basically what this argument meant was that the act which the interlocutory injunction was sought against had been carried out already by the Government when it made ordered about  one hundred and fifty men in arms to evict the appellant, or  Or to put 'it in more legal form, carried out as a way to forestall the decision of the Court of Appeal against which an appeal is now being lodged to this Court (Supreme Court) The Lagos state Government then applied to the court of Appeal seeking an order pursuant to section 18 of the court of appeal Act for a Stay of execution of the mandatory injunction granted to Ojukwu.
Kolawole J.C.A. delivering the ruling of the Court of Appeal said inter alia -
"If the appeal of the State Government is successful the respondent can be ejected by due process of law. In this regard Chief Williams has shown magnanimity by offering an undertaking in damages by way of rental income if the State Government is successful in its appeal.
In that regard no stay would be granted. Learned Attorney-General contended before us that as Chief Ojukwu is a trespasser at 29 Queen's Drive Ikoyi, the State Government is not prepared to accept any undertaking in damages in the form of rental income from him."…..
Having regard to the status of irremovability acquired by Ojukwu after the judgment of this Court, it follows that the Lagos State Government is not entitled to a stay of execution because it never made out any special circumstances upon which to grant the stay. (See Keaves v. Dean (1924) 1 K.B. 685 at 686). The prayer for stay of execution is therefore refused and the application is dismissed."
In the same Court, Ademola J.C.A. in a concurring ruling, said- "This Court in an earlier ruling had taken the view that it was wrong to eject the respondent by force under the doctrine of self-help.
The Lagos State Government still failed to comply with the order of the Court of Appeal. And I think it is this dreadful situation that prompted Chief F.R.A. Williams S.A.N. learned counsel for Ojukwu to file his notice of preliminary objection dated 11th December. I have already set out this notice earlier on in this Ruling. We heard the two applications together.
Mr. Adelosoye the learned Solicitor General for the Lagos State pleaded for a restoration of the status quo ante the judgment of the High Court. He said Ojukwu had been in occupation for 10 months before the Lagos State Government got to know of his occupation.
Chief Williams for his part emphasized the deliberate disobedience of the order of the Court of Appeal by the Lagos State Government and that that Government was in contempt of the Court of Appeal.
I think it is a very serious matter for anyone to flout a positive order of a court and proceed to taunt the Court further by seeking a remedy in a higher court while still in contempt of the lower court.
It is more serious when the act of flouting the order of the court, the contempt of the court, is by the Executive. Under the Constitution of the Federal Republic of Nigeria, 1979, the Executive, the Legislative (while it lasts) and the Judiciary are equal partners in the running of a successful government.
The powers granted by the Constitution to these organs by s.4 (Legislative powers) s.5 (executive powers) and s.6 (judicial powers) are classified under an omnibus umbrella known under Part 11 to the Constitution as "Powers of the Federal Republic of Nigeria".
The organs wield those powers and one must never exist in sabotage of the other or else there is chaos. Indeed there will be no federal government. I think, for one organ, and more especially the Executive, which holds all the physical powers, to put up itself in sabotage or deliberate contempt of the other is to stage an executive subversion of the Constitution it is to uphold. Executive lawlessness tantamount to a deliberate violation of the Constitution.
When the Executive is the Military Government which blends both the Executive and the Legislative together and which permits the Judiciary to co-exist with it in the administration of the country, then it is more serious than imagined.
By virtue of the Constitution (Suspension Modification) Decree 1984 No. 1 a good number of the provisions of the Constitution were suspended. Indeed, what was left was what had been permitted by the Federal Military Government to exist.
All the provisions relating to the Judiciary were saved. Section 6 of the Constitution, the most important provision, in so far as the institution known as the Judiciary is concerned, which vests in courts the judicial powers of the Federation was left extant. The Military Government had the power and still has to put an end to the existence of that provision, It has not done so, and that must have been advisedly for it does intend that the rule of law should pervade.
That being the case, it behoves of every organ of the Military Government to make it clear at all times, albeit as the presumption is always that of rule by might of the military, to assume a perennial onus of demonstrating a rebuttal of this onus.
With the contempt of the Court of Appeal by the Applicants still subsisting, it would he inequitable for this Court to give a consideration to the application of the Applicants. Let the Lagos State Government purge itself of this serious contempt, of this apparent violation of the Constitution even as amended by Decree No. 1 of 1984 before coming to seek the favour of the Court.
Another very important matter emanating from the act of the applicants. They have no right to take the matter into their own hands once the court was seized of it. The essence of rule of law is that it should never operate under the rule of force or fear. To use force to effect an act and while under the marshal of that force, seek the court's equity, is an attempt to infuse timidity into court and operate a sabotage of the cherished rule of law. It must never be.
It is for these reasons that I dismissed the application of the applicants- The Military Governor of Lagos State, the Commissioner of Police Lagos State and the Attorney-General Lagos State on 11th December 1985 and so be it.  JUSTICE KAYODE ESO J.S.C

Cogent decisions on points of law in the case by the learned Justices of the Supreme Court are affixed below:
OBASEKI J.S.C on The Doctrine of Rule of law
"The Nigerian Constitution is founded on the rule of law the primary meaning of which is that everything must be done according to law. It means also that government should be conducted within the frame-work of recognized rules and principles which restrict discretionary power which Coke colourfully spoke of as 'golden and straight metewand of law as opposed to the uncertain and crooked cord of discretion' More relevant to the case in hand, the rule of law means that disputes as to the legality of acts of government are to be decided by judges who are wholly independent of the executive. See Wade on Administrative Law 5th Edition p. 22-27. That is the position in this country where the judiciary has been made independent of the executive by the Constitution of the Federal Republic of Nigeria 1979 as amended by Decree No. 1 of 1984 and No. 17 of 1985. The judiciary cannot shirk its sacred responsibility to the nation to maintain the rule of law. It is both in the interest of the government and all persons in Nigeria. The law should be even handed between the government and citizens."
UWAIS J.S.C.:
I had the advantage of reading in advance the reasons for ruling read by my learned brother Eso, J.S.C. I entirely agree with the reasons given by him. When we dismissed this application on 16th December, 1985, I expressed my concern on the failure of the applicants to comply with the order made by the Court of Appeal that the possession of the house in dispute should be restored to the respondent. I think I should still stress that it is a matter of grave concern that the Military Government of Lagos State should be seen to disregard a lawful order issued by a court of law. If Governments treat court order with levity and contempt the confidence of the citizen in the courts will be seriously eroded and the effect of that will be the beginning of anarchy in replacement of the rule of law. If anyone should be wary of orders of court it is the authorities; for they, more than anyone else, need the application of the rule of law in order to govern properly and effectively. It is for these and the fuller reasons given by my learned brother Eso, J.S.C. that I dismissed the application on 16th December, 1985 with N25.00 costs to the respondent.

How to Pass Law Exams Without Tears by Kehinde Adegbite ESQ

The primary purpose of education is to develop a critical mind which is not susceptible to misinformation and falsehood. However, as much as the importance of sound education which entails full development of one's mental faculty cannot be over-emphasised, a brilliant student must also have an impressive academic performance to showcase.

While exam success can be said to be an entitlement of a brilliant student, poor academic performance may be experienced by brilliant students who lack certain tips for exam success.
Therefore, in order for a brilliant student not to miss his or her entitlement, the following  tips must be noted. Although the tips may be found useful and helpful by students generally, they are more specifically tailored to address the needs of law students.

                *Tip #1* 

Read instructions carefully. If you are faced with questions broken into sections and you are asked to answer a question from each section, make sure you keep to such instructions.

Take, for instance, if you are to answer four questions in all with two from each section and you actually answer four questions but all the four are from a section, simply note that you have succeeded in answering only two questions and not four.

              *Tip #2* 

Understand a question before attempting it.

  An example:

Ms Abibat, a sixteen year old and an aspiring law student who made up her mind to become a lawyer from the age of 8 but she is always troubled with the possibility of handling divorce cases when she eventually becomes a lawyer. She strongly believes that "no one should put asunder what God has joined together ".

Explain to her the circumstances in which marriages may be terminated without passing through the divorce process.

Before you are told about how to answer a question of this nature, remember that, in law exams, there are three types of question that you may face in an exam.

1. There are questions that are regarded as essay types.

For example, if a question says -

*what is void marriage ?

*Void and voidable marriages are not the same. Discuss.

2. Another type is - problem question (this may also be called different names by different persons). Some call it case-study question or hypothetical question.

Example:

Tunde married his first wife under the Marriage Act but having been elected the Parliamentarian for his district, he decided to marry a second wife who is more educated than the first.

Upon discovering what Tunde did, the first wife has filed an action in court to set aside the second marriage, arguing that Tunde cannot marry a second wife under the Law.

Do you think her case can succeed? Support your answer with relevant statutory and judicial authorities.

This is a question that calls for the use of IRAC method.

I for Issue
R for Rule
A for Application, and
C for Conclusion.

The issue in the question is -

Can a person married under the Marriage Act legally contract a second marriage, while the first marriage remains undissolved?

The rule is -

By virtue of sections 33 and 47 of the Marriage Act, a married person is incapable of entering into a second marriage.

You apply the rule by stating that Tunde is not capable of marrying another woman because of his subsisting marriage with his first wife.

If you have any case that treats an issue like the one presented in the hypothetical question, cite it.

Conclude by stating that the case of the first wife has the prospect of succeeding based on the foregoing analysis.

3. The third one is mixed question,  that is, a question that has the nature of both essay and problem questions.

Now, let's come back to our question on Ms Abibat. It's an example of a mixed question. However, the IRAC method does not apply because the questioner has already identified what you are supposed to address.

What is the meaning of this question and what information are you expected to supply?

The focus of this question rests on the circumstances in which the lifespan of a marriage may be terminated without the divorce process.

You are therefore expected to discuss the grounds for the termination or annulment of void and voidable marriages.

Note further that a questioner will ask questions based on what was taught in class or contained in his or her lecture materials.

If the questioner has not taught you divorce, you have no reason to focus your answer on divorce and again, you should have noted that divorce process has been tactically removed from the issues that should engage your attention here.

To answer the question under our consideration properly, you have to briefly define void and voidable marriages and thereafter proceed to discuss grounds under which each type (i.e. void and voidable marriages)  could be annulled.

If your definition is incorrect, then you have laid a faulty foundation for whatever points or grounds you may later provide.

A void marriage is a marriage that is regarded to have suffered from some fundamental legal defects and therefore, it's not seen as a valid marriage at all.

A voidable marriage, on the other hand, is a marriage regarded to be valid until set aside at the instance of a party to such marriage.

Please - you do not have to write so much on the definition because it is meant to serve only as an introduction. Again, you do not have to waste time on differences between void and voidable marriages because if you do that, you will end up not answering the most important part of the question.

So, after the brief definition, go straight to provide and discuss grounds under which each can be annulled.

Note further that divorce does not apply at all to void and voidable marriages as they can only be ANNULLED and not be dissolved through DIVORCE.

             *Tip #3* 

Write legibly. This is very important because if your answer is correct but impossible to be read by an examiner, your answer is as good as being incorrect.

Some students' handwriting is so small that an examiner requires a magnifying glass to see through. This is not good at all.

Readable handwriting is legible and that's the most important thing, not necessarily a fine or beautiful handwriting. Your handwriting may not be beautiful but make it legible.

Please, do not punish an examiner with an illegible handwriting because you may end up punishing yourself very seriously.

            *Tip #4* 

Organize your answers in a distinct and clear manner, having in mind the comfort of an examiner.

Some students do not obey paragraphing and margin rules at all. Such is bad.

Do not let your work be rough.

           *Tip #5* 

Above all, study and know your teacher very well and give to him or her as you think will earn you good marks.


Kehinde ADEGBITE Esq teaches law at the Faculty of Law, Obafemi Awolowo University, Ile-Ife, Osun State, Nigeria

An Appraisal of Karimu Sunday v. The State

Karimu Sunday v. The state

Judgement delivered by the Supreme Court of Nigeria on 5th of May, 2017.

INTRODUCTION:
This appeal borders on criminal law and procedure.

FACTS:
This is an appeal against the judgment of the Court of Appeal, Ibadan Division wherein the Court dismissed the appeal of the accused/appellant after his conviction and sentence by the High Court of Ogun State.
At the High Court of Ogun State, it was alleged that the appellant who was wearing a black cap, black goggles and a black handkerchief which covered his mouth, on 09/03/04, at about 5pm, went to a cement shop in Ijebu-Igbo, owned by one Ramotalai Alege (PW1), on a motorcycle. Upon arriving at the shop, the appellant alighted from the motorcycle and asked the rider, one Alaba Adesina, to wait for him. The appellant was alleged to have entered the shop on the pretext of purchasing 70 bags of cement from PW1. The appellant requested the cost of the bags of cement and as PW1 was about to take out a calculator from her bag, the appellant was alleged to have snatched her bag containing N3,600 and bolted out of the shop. The appellant then jumped onto a waiting motor cycle in a bid to escape with PW1 in pursuit. The appellant then threatened PW1 with a dagger which he pulled from his back pocket, but PW1 then began to shout for help, which attracted people to the scene. According to PW1, when people started coming to the scene, the person who was waiting with the motor cycle tried to move away with the appellant, but PW2 pulled down the motor cycle and the appellant jumped down and started running away. However, the appellant and the rider were eventually apprehended by concerned bystanders, including an off-duty policeman, who had been alerted by the alarm raised by PW1 and PW2. The rider was apprehended at the scene of the crime, while the appellant was arrested a short distance from the scene of the crime. Upon his arrest, the appellant was taken to the police station along with PW1 and PW2, and the rider of the motor cycle. At the station, the appellant made an extra judicial confessional statement.
At the trial, the appellant pleaded not guilty to the charge. The appellant testified in his own defence but called no other witnesses in support of his case. The appellant however made a bare denial of the charge and sought to retract his extra-judicial confessional statements on the ground that he did not write it. The appellant however, admitted to appending his signature to the confessional statements after they had been read to him by the Police.
The learned trial judge held that the prosecution had proved its case beyond reasonable doubt and convicted the appellant and sentence him to death by handing. Aggrieved by the decision of the High Court, the appellant filed an appeal at the Court of Appeal seeking orders quashing his conviction and the sentence of death passed on him. The Court of Appeal dismissed the appellant's appeal and affirmed his conviction and the sentence of death passed on him by the trial Court under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act. The appellant, aggrieved with this decision filed a Notice of Appeal against the decision of the Court of Appeal.
ISSUES:
The appellant distilled four issues for determination. The respondent distilled a sole issue for the determination of the appeal. The Court noted that the single issue of the respondent clearly covers all aspects of questions that need be answered in the determination of the appeal and so the Court adopted the issues formulated by the respondent for the determination of the appeal.
SOLE ISSUE:
This raises the question whether the Court of Appeal or Court below rightly held that the prosecution proved the offence of armed robbery against the appellant beyond reasonable doubt.
DECISION/HELD:
On the whole, the Court held that the appeal lacks merit and it was thereby dismissed. The Court affirmed the decision of the Court of Appeal in its affirmation of the judgment, conviction and sentence of the Accused/Appellant.

OPINION

There issues in the above case will be considered.
1. Was the sentence proportionate to the offence?
2. Did the Courts apply any rule of interpretation to Section 1(2) of the Robbery and Firearms Act?
3. The appeal to the Supreme Court. The appeal against Conviction. Why not the sentence?

The Robbery and Firearms Act clearly specifies the penalty for armed robbery as death by hanging. However, the accused only brought a dagger. The Courts could have realised that no one was stabbed. He only threatened with a dagger and the full wrath of the law is on him. Nothing got spoilt and destroyed then life must go on. The writer opines that he could have gotten a lesser sentence.

On the rule of interpretation the Courts employed, it seems the literal rule. Juris novit curia- it is for the Courts to know the law. Apparently, the penalty for Armed Robbery is death but liniency is in the sceptre of the Courts. Flexibility and reformative justice must be behind every the dispensation of criminal justice. We must have in mind that other things would influence the decision of the Courts.

On the appeal against Conviction, it could have been better if the appeal was against the sentence. The confessional statement of the accused and other evidences pinpoint the fact that he was indeed guilty. Thus, an appeal should have been for mitigation of sentence.

OAU Ifelaw Releases Theme Song

 

Students of the Faculty of Law, Obafemi Awolowo University

 I F E L A W   I S   O N E
We Are IFELAW
   Oba Number ONE
       We Are Golden

Introducing the First of the Best 🔥🔥🔥

The Anthem of the Great Faculty IFELAW With a Bang!💥 With Peng!! 💦 And Issa Vibe!!!

One IFELAW would keep you on a cruise of the togetherness of the love within each and every one of us. From the Talents of the grande faculty and powered by the Director of socials, LSS OAU

Download here

​NLCOC Honouree Initiates Annual Award for Ifelaw Best Graduating Student

Carve your name on hearts, not tombstones. The great use of life is to spend it for something that will outlast it



Obviously, NLCOC '18  has come  and gone but its legacy lives forever in the  history book of our dear society.
The success of the just concluded  NLCOC is not only hanging on the actuality but as well as the precedent that has been laid.

It's noteworthy  that we call the attention of our esteemed members of the society to the momentous and monumental strides incidental to the success of the just concluded conference.

While giving  his address, the Honouree, Dr Liman Hassan Mohammed gracefully assured:

° ​To award the best graduating  law student, hence the Dr Hassan M. Liman's Prize.​

° ​To facilitate  the functionality of legal aid clinic for  faculty of law.​

 ° ​The Honouree  further expressed his unwavering   love and desire to support the Law Students' Society in their bid to provide quality legal education for members of the society.​

The University's Vice chancellor who was represented  by the University's librarian conferred  the title of ​"Wakili of OAU"​ (OAU Ambassador) on Dr Liman Hassan Mohammed.


With this we have once again collectively affirmed our society to be the pacemaker and trendsetter for others.

We are indebted to our dear Honouree  who has made possible this extraordinary inflection in the Faculty's trajectory.


Very few things in life are entirely the work of just one person – and this is no exception, so It is good we pay tribute to the enormous contributions made by our dear Honouree, his team, guest speakers and invited schools.

We would like to say a huge thank you to everyone that has contributed to the success  of the program. Most  especially, the  entire  Law Students' Society for the  unflinching and invariable support.

We hold the belief  that with your unwavering  support, the success  of NLCOC would  be a corollary  to greater feats for our beloved society.

The New CAMA Bill: A Step in the Right Direction

The Nigerian Senate on Tuesday, 5th May, 2018 passed the repeal and re-enactment of the Companies and Allied Matters Act which is said to be the biggest business reform bill in Nigeria in over 28 years.

Speaking on the passage of the new bill , the Senate President , Bukola Saraki on his Twitter handle said , “The passage of the repeal and re -enactment of the Companies and Allied Matters Act is a significant milestone in our legislative agenda. This is by far the most far -reaching legislation ever passed by any legislature in our country”.

“This is a pro-business law. This bill that we have just passed will show the audacity that we have to move Nigerian businesses into a new era of success and development. The CAMA will represent one of the most important legislations, we are truly now walking the talk, to say that we are ready for business in Nigeria, to support small scale industries to promote innovations, and encourage enterprise”, Saraki also said.

What are the benefits, advantages, merits and profitability the New CAMA bill offers?

✔ Single Member Company: one person can now form a company as opposed to the former requirement of two or more persons. This is especially good for start-ups and young entrepreneurs.

✔ Promotes the use of technology: the new CAMA Bill provides online registration of companies. It ensures that Nigerians can now register their businesses from anywhere in the country through the e-registration system that the senate’s amendment gives legal backing.

✔ Removal of all the unnecessary regulatory provisions for small companies. The Bill is one of the most critical pieces of legislation which impacts the Nigerian business climate and the Micro, Small and Medium Scale Enterprises (MSMEs). The Bill ensures more business-friendly regulation of Micro Small and Medium Enterprises.

✔ Reduction of the minimum share capital for companies to start-up in Nigeria

✔ The Bill creates a new form of legal identity for Nigerian businesses. For instance, the Limited Liability Partnership

✔ Financial Assistance: Companies would be able to provide financial assistance to their shareholders under the new Bill.

✔ Resolving Insolvency: the Bill introduces a company rescue and insolvency legal regime which is not focused on a company's demise, but on rescuing companies from insolvency through the inclusion of an insolvency framework.

✔ Company's Secretary: the Bill seeks to further ease the regulatory burden of companies by limiting the requirement to appoint a company's secretary to public companies, thereby making it optional for small companies and companies with one shareholder.

✔ Annual General Meeting: Under the new Bill, it is not mandatory for small companies to convene and hold Annual General Meetings.

✔ Minority Shareholder's Rights: the Bill is geared towards ensuring Minority Shareholder's rights.

✔  Beneficial Ownership: the Bill has provisions which mandates the disclosure of beneficial interest in q company's shares and prescribes punitive measures for failing to disclose such interest.

✔ Exemption from Audit: the Bill has provisions which exempt small companies from appointing auditors.

✔ Fewer reporting obligations for small companies: the new Bill reduces financial reporting obligations of small companies.

✔ Time and Cost: there is reduction in the time and cost of setting up a company.

✔ Promotion of Financial Stability: especially with the introduction of the model netting provisions in the Bill.

✔ Increasing Investor Confidence in the Nigerian Financial sector as well as all sectors of the economy: Due to a competitive and business friendly environment where companies are regulated in line with global best practices, investors confidence in the Nigerian economy is increased  and all sectors of the economy is expected to significantly improve.

✔ Nigeria may begin to witness increased revenue generation and job creation.

Analysts see the amendment of CAMA as a positive step further to attaining a better business environment in Africa’s largest economy, which in the long term can stimulate economic growth.

The proposed amendments would have the overall effect of making Nigerian Company Law more fit for today’s business realities, improve the business environment and performance across the Nigerian economy as a whole, as well as reduce direct compliance costs for businesses in Nigeria.

Ohine Joy is a writer and poet. She writes from the Faculty of Law Obafemi Awolowo University.

Ifelaw Emerges Winner at the ABUAD Inter School Mock Trial

On Thursday, 8th of March 2018,  the Ifelaw team of the Moot and Mock committee hits the gold at the Afe-Babalola University, Ado-Ekiti, ABUAD, and emerges the winner in the Inter School Mock Trial.
It was a well deserved victory, as the IFELAW Witnesses were convincing, Counsels were articulate and the whole team brilliantly canvassed their arguments.


The Counsels are Agboola Elijah, Balogun Ismail, Olajide Mary and UCHEAKONAM CHIJIOKE JOSHUA while the Witnesses were Ayorinde Oluwasoji Temidire, Amupitan Oloruntoba Caleb, ADEGUNJU ABISOLA ADEDOLAPO, Allen Praise Oluwatoni and Oluwadahunsi Precious


Other Members of the Ifelaw Moot and Mock team represented include Ajayi Abisoye Josephine, Akinkuotu Ibukun, Jimoh rashidat unique, Johnson Boluwatife, Oke Olayemi Israel, Fabusiwa Tayo, Adegbola Boluwatife Christianah, OLATEJU EUNICE, and Udeorji Amarachukwu

Incontestably, the  dedication, brilliance and ingenuity of the counsels, witnesses and other team members won the competition.

An Adumbrated Analysis Of The British and Nigeria Rape Law.

RAPE LAW: the Nigerian and British Perspectives.

This article adumbrates the British and Nigerian laws on rape as well as the lacunae in the Nigerian provisions on rape -Criminal and Penal Code. The writer further elucidates on the provision of the Violence Against Person Prohibition Act (VAPP) Act which incorporates the provision of the amended British provision on rape. The writer concludes with

Rape is one of the most serious and heinous crimes of violence one person can commit against another. It constitutes a violation of a  person's fundamental human rights and freedoms. Most crimes of rape are not reported for reasons such as: social stigma attached to the victim; the fear of being ostracized from the family or the community; and also the fact that the police may be unwilling to make an official report due to insufficient evidence. Even when reported and the accused is not convicted at the end of the trial, the victim is made to feel condemned and looked down upon.

RAPE LAW IN BRITAIN (England and Wales)
The current British law on rape is contained in the Sexual Offences Act, 2003 which came into force in May 2003. Prior to this moment, consent, belief in consent and problems relating to proof of consent made it difficult for the prosecution to secure a conviction. This was because the previous law on rape as contained in the Sexual Offences Act was described as 'archaic, incoherent and discriminatory.' As a result of the introduction of this Act, there had been a lot of changes in the British Rape law. Some of the major changes include:
▶Definition of rape.
One of the major changes in the 2003 Act was the redefinition of rape from "non consensual vaginal or anal intercourse" to "non consensual penile penetration of the vagina, anus or mouth." By extending the meaning of rape to include non-consensual penile penetration of the mouth, the Act recognises that the penile penetration of the mouth of the victim can equally be traumatic and repulsive as the other forms of penile penetration.
▶Meaning of Consent.
Under the 1959 Act, there was no statutory definition of consent and juries had to be directed in cases to give interpretation to the word 'consent'. Different jurists had different conceptions of the word 'consent' and this caused a lot of criticisms as a result of the inconsistencies which arose from the discretion left to the judges. Following this, statutory definition of consent arose under the 2003 Act which now clearly states the meaning of consent. It also further strengthens the law on rape. The Act defines consent as a situation where a person "agrees by choice, and has the freedom and capacity to make that choice."
Some other major changes brought by the Act includes: reasonable belief in consent; evidential presumptions and conclusive presumptions.

RAPE LAW IN NIGERIA.
The current provisions relating to rape under the Nigerian laws are very inadequate and archaic and need to be changed to meet up with various situations in today's modern society. They are not gender neutral and are drawn as such that only a woman can be raped and for that reason, Okagbue describes them as "a gender oriented crime". The law of rape applicable in Nigeria is dependent on where it is being applied i.e. in what part of the country. If it is in the southern states of the country, the criminal code applies while if it is in the northern part, the penal code applies.
The position of the Criminal Code.
Section 357 of the Criminal Code provides thus:
        "Any person who has unlawful carnal knowledge of a woman or girl, without her  consent, or with her consent, if the consent is obtained by force or by means of  threats or intimidation of any kind or by fear of harm, or by means of false and  fraudulent representation as to the nature of the act, or, in the case of a married  woman, by personating her husband, is guilty of an offence which is called rape."
The prosecution must prove carnal knowledge. Section 6 of the Code provides that:
      "When the term "carnal knowledge" or the term "carnal connection" is used  in defining an offence, it is implied that the offence so far as regards that element of it, is complete upon penetration."
The slightest penetration of the vagina by the penis is sufficient. It is not necessary that the hymen was ruptured or that there was ejaculation. The Code does not recognise that penetration of a woman or girl's anus or mouth could be equally as traumatic as that of the vagina and that it should be considered as one of the elements, which may constitute rape.
Only a woman or girl may be raped as far as the wordings of the Code suggest. Even though in this day and age, there have been cases of men claiming to be raped, the Criminal Code Act does not take cognisance of this fact. Neither does the Criminal Code Act cover transsexuals.   According to section 30 of the Criminal Code Act, a male person under the age of 12 years is presumed to be incapable of having carnal knowledge. This is an irrebuttable presumption, which means that he cannot be guilty of the offence of rape or attempted rape, even if it is shown that he has reached puberty despite his age. He may, however, be convicted of indecent assault. 

The position of the Penal Code.
As already mentioned, the Penal Code Act applies in the Northern States of Nigeria. It is applicable to both Muslims and non-Muslims.
Section 282(1) provides thus:
"A man is said to commit rape who … has sexual intercourse with a woman in any of the following circumstances:-
Against her will
Without her consent.
With her consent when her consent has been obtained by putting her in fear of death or of hurt.
With her consent when the man knows that he is not her husband and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
With or without her consent when she is under fourteen years of age or of unsound mind."
Although a woman cannot commit rape under the penal code Act, she may however be charged by the prosecution with abetting rape under section 83 of the code. Mere penetration under the Penal Code Act is sufficient to constitute the sexual intercourse necessary to the offence of rape. Cases under the Penal Code Act shows the importance the courts attach in providing evidence of penetration to a charge of rape. However, the definition of rape under the Penal Code Act is narrower than that under the Criminal Code Act in the sense that where the latter uses the term "carnal knowledge" implying that penetration of the vagina could be done by penetration of a foreign object, the term "sexual intercourse" under the Penal Code Act implies that only a penis can penetrate a vagina. The Penal Code Act does not define what consent is but describes what consent is not. Even then, it goes without saying that absence of consent from the victim is an essential ingredient to a charge of rape. The consent must not be obtained by force, fraud or misrepresentation. Apart from the various instances which the sections list as to what would not constitute consent, it is interesting to note that rape is still committed even where a girl who is under 14 years of age or of unsound mind consents. The Penal Code Act also makes specific provision in relation to children under 16 years of age, who have been sexually assaulted by those in positions of authority. Section 283 provides that any consent given by the girl under the age of 16 to her teacher, guardian or any person entrusted with her care or education is not valid consent. The prosecution will still need to prove lack of consent in those situations where the girl is between 14 and 16 years of age and the consent is not given to her teacher, guardian or any person entrusted with her care.  Whereas a male person under 12 years old is presumed incapable of having carnal knowledge under the Criminal Code Act, no such provision is made under the Penal Code Act. There is, therefore, nothing to stop the prosecution from charging a child over 7 years of age, for example, for rape if it can be shown that he has attained a sufficient maturity of understanding to judge the nature and consequence of his act.

The Offence of Rape under the Violence Against Persons Prohibition Act.
In response to the uproar caused by the leakages in the Criminal code and the Penal code and after several consultative summits, the Violence Against Person's Prohibition (VAPP) Act was enacted in 2015. This Act closed a lot of lacunae in the Criminal and the Penal Codes. For instance, while the Criminal Code provides only for vaginal and anal penetration as only constituting rape, the VAPP Act extended it to oral (mouth) penetration. Also, the Criminal code restricts rape to penile penetration alone, the VAPP act extended it to the use of any other part of a person's body or the use of any other thing. Section 1 of the Act provides thus:
"A person commits the offence of rape if-
he or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his or her body or anything else,
The other person does not consent to the penetration, or
The consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act or by the use of any substance or additive capable of taking away the will of such person or in the case of a married person by impersonating his or her spouse."

The Act also makes provisions for punishment for the aforementioned offense in section 2 thus:
"A person convicted of an offence under subsection (1) of this section is liable to imprisonment for life except:
where the offender is less than 14 years of age, the offender is liable to a maximum of 14years imprisonment."
In all other cases, to a minimum of 12years imprisonment without an option of fine or in the case of rape by a group of persons, the offenders are liable jointly to a minimum of 20years imprisonment without an option of fine.
It could be seen that the enactment of the VAPP bill is an 'heralded victory'  which came at the right time and brought along some amendments in the Criminal and the Penal codes, thereby strengthening the rape law in Nigeria.

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[NEWS] THE RECALL OF JUSTICES RAISES DUST

THE RECALL OF JUSTICES RAISES DUST

The recall of six suspended judges by the National Judicial Council NJC has again pitted the third arm of government against the executive. The judges who were suspended about eight months ago, were on June 7 asked by the NJC to resume duties following an alleged Federal Government's inability to initiate any criminal charges against them.

NJC's decision followed an outcome of a meeting held to review the suspension of the judges after a raid of their residence by the Department of State Services (DSS). The NJC, however, noted that of the eight suspended judicial officers, only three have been charged to court.

At its 82nd Meeting on May 31th and June 1st while considering the case of the eight judicial officers who were directed to recuse themselves from duties following corruption allegations against them, the NJC said that their recall was for equity, justice and in accordance with the rule of law since no criminal charge was brought against them by the Federal Government, which accused them of corruption.

Three of the eight charged are Justice Sylvester Ngwuta of the Supreme Court, Justice Adeniyi Ademola of the Federal High Court and Justice Rita Ofili-Ajumogobia of the Federal High Court.
Of the three judges charged, NJC noted that only the trial of Justice Ademola had been concluded and discharged and acquitted of the charges filed against him.

In view of this, the NJC decided that the various heads of court should direct the other judicial officers to resume duty, as there were backlogs of cases in their various courts for the past eight months.

The judges recalled by the Council are Justices Ademola, John Okoro of the Supreme Court and Uwani Aji of the Court of Appeal.

Others include Justices Hydiazira Nganjiwa of the Federal High Court, Musa Kurya of the Federal High Court and Agbadu Fishim of the National Industrial Court.

But the NJC's position on the recalled judges has, again, raised the contentious issue of independence of the judiciary.

Although the NJC is a credible constitutional institution empowered to exercise disciplinary control over judicial officers for misconduct, its power to discipline its officers on any act of misconduct is still being encumbered by the executive interference as reflected in the Federal Government's tackling of NJC on why it recalled the judges.

For instance, the Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay, said "it is absolutely wrong to recall a judge whose case is on-going."
Sagay was echoed by Special Assistant to President Muhammadu Buhari on Prosecution, Okoi Obono-Obla, who said: "Why will NJC constitute itself into a Court of Appeal? It is unprofessional and unethical for NJC to talk about that appeal, giving the impression that the appeal is no longer valid.

THE LAW IN ITSELF:NOT A REFLECTION

THE LAW IN ITSELF:NOT A REFLECTION

"The prophesies of what the court will do in fact and nothing more pretentious are what I mean by the law" -Oliver Wendell Holmes jnr.

From time immemorial, the existence of this hallowed chambers cannot but be stressed. For it is a place of solace,place of comfort and peace. Severed from emotions,it is very objective in its dealings;calling a spade a spade. It could be harsh and also tender. It could pierce and also soothe. It punishes the evildoer and justifies the wronged. It is disjoined from the world of politics and thus the confidence reposed in it. It is unbiased and very empirical in its judgements. Worshippers in this temple are dignified and exalted; ready to go any length to rid the society of evil. Uneasily influenced and rigid in position, its final words are authorized and backed up and could only be overturned by a superior.

It is where the law is. The court is the law.

OdelamiAkintomiwa A.
 Justice,House of Lords

THE INTRODUCTION: REASONS FOR THE NEW DEVELOPMENT

"Inactivity is Tantamount to Non-Existence"  Immaculate Ife.

The House of Lords welcomes  you to her official online page.
The House of Lords, Law Students' Society, Obafemi Awolowo University, in a bid to ensure that members of the Society are adequately groomed in the Legal Studies of the Land and are abreast of requisite information needed in dissecting the 'bones and flesh' of the legal profession as well as knowledge of Judicial 'Gamaliels' of our time, put it upon herself to open the "Official House of Lords Noticeboard" with five main features namely: 

Editorials: this includes expositions on legal principles
 Landmark Cases- Cases of repute in which a new principle of law was established or an earlier one upturned.

Recent Cases: Summary of recent Judicial decisions of the apex Courts in the Land.

Judicial News: Covers both International and Municipal Events, Personalities and Policies on/relating to Law.

Legal Facts: This section highlights the legal system of both Commonwealth and non commonwealth nations in contradistinction with Nigeria's.

THE PLACE OF JUSTICE IN LSS

The Place of Justice in LSS

Alexander Hamilton, a founding father of the United State rightly opined, "the first duty of the Society is Justice"

The human society started out to be crude, disorderly, brute and utterly lawless- at least by the description of scholars.

However, human society gradually graduated into the state of civility. Laws were made. Laws were enforced.

The court system was introduced to serve as institution of dispute resolution and the enforcement of rights.

 Established principles and popular customs became law. More laws were made. Proclamations and ordinances were issued. All these laws were placed on the courts to apply.

The law is not an end to itself, but a means to Justice.

The courts have, over the years, embodied the dispensation of justice. The effigy of justice is the symbol of true liberty from oppression.

A society without the institution to interpret the law will have rights trampled upon and freedom submerged. A typical description is the dystopian state of the society in George Orwell's Ninety Eighty-Four.

The Law Student's Society has distinguished itself as a sane society with the interest of its members at heart. The Judiciary is duly provided for with the sole duty to be the custodian of liberty.
Lord Mansfield once said:

"True liberty can exist only when justice is equally administered to all."

The House of Lords has set out from inception to see to justice been done. With the application of tact and research, it has decided cases.

Let's sit back and reason. We are the lawyers of the next couple of years. We will be the one ensuring that the court still remains the last hope of the common man. However, it seems we hope to achieve this by the ingestion of thousands of legal authorities.

Oliver Wendell Holmes said: "the life of the law has not been logic, it has been experience." Experience can be gotten by our pursuit of the course of the Justice in our own little way.

Our legal education is to do more than to teach us principles of law. As Socrates said, it should be the kindling of a flame and not the filling of a vessel. Our legal education is to kindle the flame of justice in us.

How can we then kindle the flame of justice in our seemingly little society if we don't see that justice is not just seen to be done but be manifestly and undoubtedly seen to be done?
This question is for you and me.

Some say the House of Lords is not popular. Popularity is not the goal of the House, in fact, as we have learnt from the life of the indefatigable Lord Denning, the life of a judge is a reclusiveness.

The House of Lords is for you and me. It's where a member of the society can see justice been done quick enough to his matter.

It is popular maxim of equity that "delay defeats equity." I say, delay defeats interest. Don't delay, bring the issue, the temple of Justice within the LSS is just a step away.

Remember that self help does not avail, it compounds.

John Ajayi
Justice of the House of Lords
Faculty of Law,
Obafemi Awolowo University.

IfeLaw Students' Society Launches Mini Mart

 

On Tuesday,  23rd May 2017, students of the Faculty of Law, Obafemi Awolowo University officially launched the Law Students' Society Mini Mart.

 

In a formal release from the office of the Public Relations Officer, Olabode Oladapo Samuel (the Smiling Man), the Mini Mart basically hosts the students' society photocopy machine

 

The release which was similarly signed by the President of the Law Students' Society, ADETUNJI Oluwatobi Paul [BEEGEE] stated that the Mart was an initiative and investment for the society to enable its members gain easy access to convenient, cheap, and secured photocopy of documents, notes and lecture materials. 

 

The executive council enjoined members of the society and the public to patronise the society's mini mart. The photocopy stand is located at the Resource Centre, Faculty of Law, OAU.