Tuesday, May 29, 2012

NBA to hold delegates’ conference in Kaduna despite security threat




THE Nigerian Bar Association at its National Executive Meeting held at Lokoja, Kogi State on Thursday, May 24, 2012, considered many pressing issues confronting the Bar and Nigeria as a nation, including but not limited to the refusal by President of the Federal Republic of Nigeria to recall the Justice I. A. Salami from suspension pursuant to the recommendation by the National Judicial Council to so do, (ii) the persistence by state governors in refusing to comply with or obey the provision of Section 121-(3) of the 1999 Constitution, which provides for financial autonomy and independence for the state judiciary as an arm of government and (iii) other matters that arose on the state of the nation: NBA/NEC hereby resolved as shown hereunder:
  • NEC considered the recent National Judicial Council’s recommendation to the President of the Federal Republic of Nigeria to recall Salami to the office of the President of the Court of Appeal of Nigeria and condemned the refusal of the President so to do on the pretext of pendency of litigation in court.

NBA/NEC considered the decision was made in bad faith as there was pending litigation when the original decision to suspend him was taken. NBA/NEC reiterates its decision reached at the 2011 Annual Conference of the NBA in Port Harcourt calling for the reinstatement of the PCA on the ground that the suspension was done while there was litigation on the correctness or otherwise of the disciplinary action of the National Judicial Council. NBA/NEC viewed the decision as capable of eroding the confidence reposed in the judiciary by Nigerians;
  • NEC took another look at the disturbing image problem of the Judiciary in particular and the justice sector in general with the resultant effect of public odium and ridicule and advised all stakeholders particularly serving Attorneys-General of the Federation, who arrogate to themselves the right of interpreting judicial decisions and legislation in such manner that strictly suits the government of the day regardless of their oath of office, the truth and the lofty standards expected of occupants of such high office, and further advised such functionaries to desist from doing so in view of the incalculable damage such unprofessional conduct is occasioning on the system;
  • The NBA NEC revisited its earlier decision to hold its 2012 Delegates’ Conference in the ancient city of Kaduna amid fears of insecurity expressed by some members and after a thorough debate and consideration of all relevant factors resolved to stand by its original decision to hold the conference there;
  • NBA/NEC acknowledged the improved security measures put in place by relevant authorities to guarantee a hitch free meeting for all participants;
  • NEC also considered with dismay the failure and or refusal of state governments in Nigeria to guarantee the independence of the states’ judiciary by ensuring their financial autonomy and in particular the refusal to implement the provision of section 121-(3) 0f the 1999 Constitution, which provides for financial independence and self-accounting of states judiciary and resolved to call on that tier of government to place the Judicial arm of government on first line charge of revenue allocation as this is one of the surest ways of ensuring total independence of the judiciary;

• NBA/NEC hereby authorises its branches to institute public interest litigation in those jurisdictions and against those states that have failed, refused or omitted to comply with the above constitutional provision.


Wednesday, April 18, 2012

49 Year Rent Arrears: Court Ejects Law School From Lagos Property


49 Year Rent Arrears: Court Ejects Law School From Lagos Property

Published on April 17, 2012 by pmnews · No Comments

A Lagos High Court has ordered the Nigerian Law School to vacate the property situated at 213A, Igbosere Road, Lagos Island, Southwest Nigeria over rent arrears.

The property is being used by the school as hostel for law school students and staff. But the rent for the property had not been paid for the past 49 years.

The order of the court was sequel to a suit filed before it by a Lagos businesswoman, Hajia Bashirat Mojisola Dange and Mr. Oluyinka Awolaru for themselves and on behalf of the family of Madam Oyinkan Moyeni.

In an affidavit sworn to by Hajiya Dange, it was stated that she is the grand daughter of Madam Oyinkan who died inter state and the second claimant is the grand child of the said Madam Oyinkan.

She averred that Madam Oyinkan Moyeni owned the property formerly known as 213 Igbosere Road, Lagos Island now 213A Igbosere Road, by virtue of an indenture dated 20 February, 1957.

According to Hajiya Dange, her late mother granted a 75-year lease in favour of Mr. Basil Christos Economibes and Elias Badih Khalife, effective from 1 April, 1957.

On the execution of the lease agreement by the parties and the initial payment of £1,000, the late Madam Oyinkan Moyeni gave possession of the property to the two persons earlier mentioned.

It was also part of the agreement that the two defendants will pay rent in advance every 1 April each year. And it was also part of the agreement that if the rent or any part thereof shall be in arrears for 21 days after lawful demand or shall there be any breach of the covenant by the two defendants, the claimant will re-enter upon the demised land and immediately there upon the term shall absolutely be determined.

The property is being occupied by the Attorney-General of the Federation who is the third defendant in the suit who has not been able to explain how he came into the property.

£1,000 paid was the rent for 1957 till 1962. Since then no further payment has been made.

In breach of the lease agreement, the defendants have failed and refused to insure the property.

As a result of the breach, the defendants were reminded in 1982 and formally asked to pay rent arrears.

They were issued with quit notice and intention to recover the property, also in 1982.

The defendants did not enter any appearance and also failed to file any defence.

The Attorney-General was represented by a lawyer, Mr. I. Ehigbe, who appeared once and since then did not attend court again.

In her ruling, Justice O. O. Femi-Adeniyi said: “I am persuaded by the claimant’s counsel’s submission and upon the facts before this court that the claimants have satisfied the requirement for a grant of an order for re-entry into the premises for breach of the first and second defendants’ covenant to pay rent, and I so hold.

“The defendants shall deliver possession of the said property known as 213A Igbosere Road.”

Council of Legal Education whose application to stay execution was dismissed was given leave of appeal.

—Akin Kuponiyi