Tuesday, November 27, 2007

Vol 8 No 10 26th November 2007

LAWYERS
The Editor,
I am angered by the publication on page 11 of today’s Punch (Nov 7 2007} that the Court of Appeal in Ilorin declared the objection raised by a counsel incompetent because it was not accompanied by a written address as provided in the practice direction. For over nine years now. I have been attending court sessions in respect of a case. I hold lawyers in much esteem.
Whenever I saw them in their black robes, I used to give them a gentle reverent bow thinking that they’re ANGELS. But now my experience of our lawyers in the court has changed things. I thought I had seen enough of intolerable lawyer’s mistakes in the high court but was proved wrong on 25/1/07, my very first day in the Court of Appeal. On that day, at least four out of the thirteen cases on the cause list were struck out or voluntarily withdrawn for incompetence. Mostly for failing to comply with Order 3 Rule 3{3} of the Court of Appeal Rules. Some years back, Squib reported a case in which 6 LASU students sued their V.C and Dean under the Human Rights Chapter of the 1999 constitution. Instead of the students’ counsel completing two forms and attaching them to his application, he attached only one and lost the case. I think it should be possible for litigants to sue their counsel for incompetence and dereliction of duty. Indeed, I now think of the Legal Profession as a profession in which many practitioners know what’s right but cannot get it right most of the time. But is it? Lawyers, please get serious with your high profile profession and stop lowering its image in the eyes of the public.
FOY
Editor’s Note:- Thanks for the admonition.

LONGE J.
The Editor,
Ah! You shouldn’t have published what I said in court about Justice Longe’s visit to me {in respect of a case}. That publication has really embarrassed the old man and it appeared as if I deliberately meant to humiliate him by what I said in court.
The old man is sick and felt very bad about the publication. But, it is the fault of the lawyer who was going round to people to ask them to “see me.”
Hon. Justice Alaba Marsh
Editor’s Note: With great respect, we stand by our story.

SQUIB
The Editor,
Why are you always picking on female judges? You are always harassing them. You recently made publications on Justice Ojikutu Oshode., now it is Ayo’s turn. If you do not refrain from this type of publications, I will sue you.
Editor’s Note: You are welcome

AYO. J
The Editor,
What’s your business with Justice Ayo’s mode of worship? It’s her life and her choice and it shouldn’t bother you whether she performs any rituals. That’s her own way of worshipping her God.
Editor’s Note:- If matters were that simple, why did those who saw the oil marks on their computers panic?

AYO. J
The Editor,
What impressed me most about your story about Justice Ayo and the alleged ‘sacrifice’ is the very open manner she responded to your enquiry. That’s the attitude of a person who has nothing to hide. I believe, in all your enquiries from judges, no other judge has surpassed Justice Ayo in opening up to you.
Editor’s Note- You are right!

AYO J.
The Editor,
To do sacrifice is normal for lawyers, many of them are members of Ogboni fraternity and such secret cults. So, there is nothing special in Justice Ayo reportedly involving herself in rituals.
Editor’s Note: I see.

AYO J.
The Editor,
Publishing Justice Ayo’s picture on your cover in respect of the story on sacrifices or rituals is nothing more than blackmail against the judge. Her picture needs not be published.
Editor’s Note- I disagree.

SQUIB
The Editor,
The Squib is too costly at N200.00. You should reduce the price to N150.00. By the way, must you publish every week? Your trouble is too much. Can’t you rest?
Editor’s Note: Can’t

AYO J.
The Editor,
I read you story in respect of the rituals performed by Justice Ayo in the Resource Centre with keen interest. I certainly agree that the judge has a right to hold any religious belief and subscribe to any religious practices as long as they are not unlawful. I also agree that anointing objects with olive oil is common religious practice of certain Christian denominations in Nigeria.
But I think with due respect that the judge, in carrying out her spiritual exercises in a place where other people use, display a lack of sensitivity for the fact that ours is a heterogeneous, multi-religious society. It would have been perfectly in order if she did whatever she did in her chambers only.
Editor’s Note: I agree.

SQUIB
The Editor,
I am bothered about your pending trial at the Disciplinary Committee of the Body of Benchers in Abuja. The case started in 2003 and up till now November 2007, the case has not taken off at all. I am worried that your enemies are probably waiting for your lawyer, Chief G.O.K Ajayi S.A.N, an old man either to get bogged down with old-age or even pass on, before they strike. They are clearly intimidated by Chief Ajayi’s support for you and are only bidding their time for an opportune time when he won’t be around, to strike at you.
Editor’s Note- Thanks for your concern but fear not, victory is ours. As for baba he will live very, very long and healthy. (Amen)

CASE LAW
The Editor,
Thank you for publishing the Judgement of Justice J.O.K Oyewole in the case of F.R.N {E.FC.C} Vs. LORETTA. The facts of the case are on all fours with a criminal matter I am handling in a court in Otta. From the judgement, I got a lot of materials for the preparation of my case.
Editor’s Note- You are welcome, keep reading and we’ll keep squibbing.

Wednesday, November 21, 2007

Vol 8 No 9 19th November 2007

READERS’ PAVILION


SQUIB
The Editor,
I am disappointed that you had to use ‘Tipex’ fluid cleaners to make corrections on the cover page of the Squib {Vol. 8, No. 8}. That’s unpardonable. How could SQUIB at this stage of its high development be making such mistakes? Or don’t you know that even Supreme Court justices do read the Squib? When errors appear on the cover, you just have to change it not minding the cost.
The Editor’s Note: Can I make an allocutus?

OPEN LETTER
The Editor,
I read your open letter to the Speaker of the Lagos State House of Assembly against the Chief Judge over the delay in re-assignment of non-part heard cases and I want to say it was very patriotic of you to so do. The situation is such a big shame. Nothing moves. They say we should write letters to the Administrative Judge about our cases, but nothing changed.
One is really surprised at the Chief Judge. One is tired of making explanations to the clients about the situation. One of my clients had to accuse the man who linked me to him of funny behaviour. They thought I was foot-dragging because of fees, whereas fees have nothing to do with the situation.
The Editor’s Note: Don’t let us give up. The Chief Judge must move or be moved.

OJIKUTU-OSHODE .J
The Editor,
I enjoyed your narration of the physical fight between Justice Ojikutu-Oshode and her judicial assistant - Ibidapo. When I got to the point where you wrote that the judge said “Grrrrrrrrrr” as she pounced on the judicial assistant, I collapsed in laughter. I really enjoyed the story. I believe the judge must have learnt her lessons by now. She has become so embarrassed about the publication that she would never do such a thing again.
Editor’s Note: Hope so.

SQUIB
The Editor,
Why are there no cartoons again in the Squib? I love to have those cartoons back, apart from the nice illustration, they have some interesting messages to pass.
Editor’s Note: Our cartoonist is on leave, can you send us a stand-in?.

SQUIB
The Editor,
For coming up with this edition {Vol. 8, No.8}, God will bless you richly. Look I’ve bought a copy of the Squib, but I will buy another one right here to show how much you’ve touched me with this edition. I will show it to my clients who have been bothering me over the non-assignment of their cases. You are fighting my cause for me. I will show them the cover and your words - to show them that it is not as if one was lazy or otherwise incompetent. This Justice Alabi as a Chief Judge is a huge minus. Because of him, I lost two probate matters. Clients just got fed up when their papers were not timeously processed.
There was a time he {Alabi C.J.} put late justice Toyin Falase as Probate Registrar, but the woman had health problems and was not around for long periods due to sickness. Then he put late Ashiyanbi as Probate Registrar. Everybody knows that one was corrupt. Then he too died. Now again, we have the problem of too much delay in the re-assignment of non part-heard cases. What manner of Chief Judge is this?
God will bless you. Your enemies will never overcome you. Thank you for all your efforts at making the judiciary better.
Editor’s Note: Thank God.

JUSTICE AYO
The Editor,
It’s been quite a while now that I had wanted to raise the issue of Justice Ayo with you. I am sure you must have heard of her reputation as a judge who is never in her court to hear cases. They say she is in charge of ICT matters of the Lagos judiciary.
ICT? Is that what she got judicial appointment for? A judge for ICT? Are there no real specialists and consultants who can do the job? I believe that the presence of justice Ayo in the Lagos judiciary is because of her father’s political connections and influence in Lagos State.
Honestly, Ayo as a judge is a minus to the Lagos judiciary.
Editor’s Note: Thou sayest.

OPEN LETTER
The Editor
,
I am not your fan but, this one you did {sending a petition to the House of Assembly} on the failure of the Chief Judge to re-assign non-part heard cases is very commendable. What you have done is what the local NBA ought to be doing.
Editor’s Note: Than

SQUIB
The Editor,
One day, one day, they’ll wring your neck.
You dare too much!
Editor’s Note: False prophet.


WONDERFUL JUDGEMENT
The Editor,
Early this year in your case against Justice Oyekan Abdullai, the trial judge ruled that the judge was acting in her judicial capacity when she called police from her chambers to disperse lawyers picketing her court for wrongful detention of a lawyer in Ikoyi Prisons and as such enjoys immunity from judicial actions against her conduct.
Now that another judge has slapped a judiciary staff in chambers, will such an act be considered part of the judicial duties of the judge? {Ojikutu-Oshode}. I say this because according to Justice Idowu’s ruling, it would appear that anything a judge does qualifies to be a judicial duty.
Editor’s Note: Of course not.


OJIKUTU-OSHODE
The Editor,
I thoroughly enjoyed the first edition on the Justice Ojikutu-Oshode’s fight with her judicial assistant. The report was so humorous that I just kept laughing reading along. Oh, what a bad, rascally fellow you are. Very thrilling write-up.
However, it may be that the judicial assistant provoked the judge by insolent remarks and attitude, but, I am sure that the judge has a long history of bad temper. Otherwise, she wouldn’t have gone to the extent of beating up her staff.
Editor’s Note: I agree.

SQUIB
The Editor
,
I saw you in our church recently, infact for about three times now I have seen you. However, I refrained from calling or greeting you since I was not sure whether you came to worship or you came to Squib.
Editor’s Note: But now you have greeted me!


OJIKUTU-OSHODE
The Editor,
I now know the reason why Justice Ojikutu-Oshode has not been able to give a ruling in my matter since June. She had been fighting her staff.
Editor’s Note: Really?

Tuesday, November 13, 2007

Vol 8 No.8 12th November 2007

Dear Sir,
UNUSUAL COMMISION OR OMISSION!


It is my belief that every faithful Lagosian has a duty of ensuring the protection, safety and maximizing the interest of Lagos State and its entire institution. As for me, particularly as an ‘emissary’ of the Temple of Justice and with my interest in the legal/litigation industry, I am always uncomfortable whenever I notice the commission of unusual acts or the omission of such in any court transactions. But most times, I found no one to formally share my opinions with on such issues because, generally we clerks believe that any observation in court can appropriately be raised only by Ministers in the Temple i.e the lawyers.

Nonetheless sir, my familiarity and ‘uncouth’ experience with court activities, especially for my vision of a stronger, transparent and viable judicial bureaucracy, I am always agitated to speak about it at times and moreover I have the mindset that today’s emissaries become tomorrow’s ambassadors.

It happened this afternoon (7/11/2007) at about 1.15 pm while I was in the probate registry, Ikeja High Court. Mr. Osho, a staff of the probate registry reported to a woman, also a staff of the same registry by senior, I guess. She is popularly known as Alhaja, probably the head of that unit.

Osho’s report was about a probate matter wherein a bank-draft was raised from the bank account of the deceased with UBA for the purpose of the Estate fee to be paid to the office of the probate registrar.

The unusual thing about the matter was that the letter that usually originate from the probate registrar to the bank where the deceased’s (estate) account is domiciled for deduction of the probate charges/fees was not written at all, as reported to have been done by a lawyer to Alhaja.

Alhaja responded by saying it was unethical of the lawyer handling the estate matter for the administrators in the matter to have allowed such. And she further said that it is also unprofessional and fallible of the officers of that branch of the bank UBA, who have acted in support to that effect.

Ironically, she consented that the processing should continue, in as much as the actual fee necessary to be paid is made and covered.

At this end I became disturbed because I know quite well that some implications of insecurity hidden in the acceptability of such commission or omission. Though the matter may eventually be queried but that is if the probate judge and the probate registrar do not act like other ‘actors’ and ‘inactors’.

However sir, who is responsible for the commission or the omission, if at all there was any?
Editor’s Note:- Nigeria!

Vol 8 No.8 12th November 2007

SQUIB ONLINE

The Editor,
Haba Sina! Longtime no see. You did not even bother to ask after me? Well, I did ask after you from the girls at the business centre, particularly ………… and ………… as well. In fact, ………did mention you advised her with regards to her father's entitlement when her dad passed on recently.
I am very happy you've kept the flag flying and GOD will continue to support you as well. Please keep on sending the mails and I am willing to contribute articles or help in anyway I can help the SQUIB.
As you might have been told, I now reside here in the U.K but very much in touch with what is happening back home. I had the opportunity of meeting with some judges from the Lagos high court here in London when they came in for a conference, and we all had a nice time. In fact, one of them kept on praying that I do not yap the other one who upon becoming a judge after his stint in private practice became a “disappointment.”
Ah, if the assault and battery on the judicial assistant had happened here, that judicial assistant will receive ample compensation vide both a civil suit and criminal charge. The judge will be arrested, cautioned and charged to court. In fact, the judge ought to have been suspended by now and that could be termed as asking her to proceed on leave until issues are settled.
We never get anywhere in Nigeria by dealing with such issues administratively, unfortunately, many things are swept under the carpet in our country in the guise of treating things as a family affair. I know a colleague of Lagos descent who when he was a lawyer actually wrestled a gateman at the Lagos High court, real fisticuffs. He was dressed as a lawyer and the incident happened at the back gate (Igbosere gate). I was the one who separated the two, the colleague became a judge within a year after the incident. Even those who know the judge say he is very temperamental.
So dear colleague, keep on doing your bit and hopefully things will take shape in our country, you remember when we both met at the Federal High Court, during a matter before a female judge, re: Residents of 1004, and the said judge was making with due respect, very reckless statements. You remember we were both giggling to ourselves. Meanwhile, the said judge is now one of the most senior female judges in the federal high court hierarchy. You begin to wonder how these ones became judges in the first place.
GONE ARE THE DAYS OF VERY NOTABLE JUDGES whom you will be proud to attend their courts, not just for your cases but to watch and observe other cases because you will learn a lot.
Please extend my warm regards to all members of the Ikeja branch particularly, Mr. Adesina, the new silk and my uncle, Jare Kembi. Do not tell him anyway that I am his senior at the Bar although “he be my egbon.”
Regards.
Jerry Sodipe.

THE READERS PAVILION - WHAT OUR READERS SAID

FIGHTING JUDGE SCANDAL
The Editor,
That judicial assistant who was beaten up by Justice Ojikutu-Oshode is a fool by being contented with the pleading of the Chief Judge on behalf of the offending judge. What a gullible lady!
Editor’s Note: - Thou sayest.

FIGHTING JUDGE SCANDAL
The Editor,
If I were the lady slapped by Justice Ojikutu-Oshode, I will do to her twenty-fold. Then I dare her (the judge) to complain.
The Editor’s Note:- You’ll beat up a judge?

FIGHTING JUDGE SCANDAL
The Editor,
I am not too surprised that that lady who was beaten up by the judge (Justice Ojikutu-Oshode) seemed to be soft-pedaling on the issue. May be she has been given money by the authorities to keep her mouth shut and lick her wounds quietly.
The Editor’s Note:- Haba!

FIGHTING JUDGE SCANDAL
The Editor,
One is not very surprised that Justice Ojikutu-Oshode believed the way she did (beating up her staff). Before she was appointed to the bench, she was selling clothes. She used to frequent Dubai on business trips.
Editor’s Note- Assuming your claim is true, is fighting a needed virtue in trading?

FIGHTING JUDGE SCANDAL
The Editor,
If the Chief Judge shields Justice Ojikutu-Oshode from sanction for beating up her staff (gross misconduct), it is only another proof that milord is favourably disposed to the fairer sex.
Editor’s Note- And, pray what’s wrong with that?

FIGHTING JUDGE SCANDAL
The Editor,
I don’t think we should blame the lady who was slapped by the judge for wanting to lush things up. She’s afraid for her job.
Editor’s Note- If so, why cry out at all then?

FIGHTING JUDGE SCANDAL
The Editor,
Seriously speaking, could it not be that the judge who beat up her staff was on drugs?
Editor’s Note- Can’t say.

FIGHTING JUDGE SCANDAL
The Editor,
I want to tell you that the lady judicial assistant who was beaten by her judge will eventually get the boot but nothing will happen to the judge.
Editor’s Note- Let’s wait and see.

SILK
The Editor,
Why have you not occupied any executive post in the NBA? You may be doing a good work with the Squib but you see in Nigeria, people use platform like the NBA to step up in life.
Look at some one like Mr. Dele Adesina who has just being made a silk? Was he not a former chairman of NBA Ikeja branch and later the General Secretary of the national body? Now he is a S.A.N.
Look, status matters in Nigeria. Even in the courtroom, it is only SANs that are properly respected by judges and other lawyers. Once they say you are a S.A.N, people respect you even if you are not very capable. Even junior lawyers will dare to be rude to you.
For someone like you now, it is only people like us who have known you from school as your junior that know how good you are but any other lawyer junior to you can belittle you. But if you are a SAN, nobody can say “Who is that?”
Editor’s Note- Thanks for your concern but I’ll rather be remembered for contributing positively to the legal profession than being a senior advocate.
Lord Denning is not an immortal just because he was the Master of the Rolls. Think about that.

Tuesday, November 6, 2007

15th October 2007

SUCCESSFUL LAWYERS

The Editor,
It’s good you showed up now. I was just telling my friend here how really, really good your book, “Understanding the Secrets of Successful Lawyers” is. It has transformed my life, my practice. I am now born again, (so to say). You know you gave me that book, years back but I never read it. But last week I looked for it and studied it. Really, what a wonderful book! My views about how to run my chambers has changed for the better. There is no client that can take me for a ride again. The only thing I ask of you about the book is that you should re-package it and make it fuller and more attractive.
Barrister Adefare
Editor’s Note: Thank you.

ERRORS
The Editor,
I want to implore you to employ more proof readers for the Squib. I say so because of the many errors in the published letter of Magistrate Awope in reaction to Lawyer Kembi’s petition. Published in your Vol.8 edition. Of course, I am sure the fault is not from the magistrate, it must be from your typists.
Editor’s Note: The errors are ours. We regret them. They were occurred at the text conversion stage during production and were not noticed.

ALABI C.J
The Editor,
I don’t like your story on the Chief Judge of Lagos State, Justice Alabi. The man is a good Chief Judge. Before his time as Chief Judge, my department normally closed for work at 10.00 p.m everyday. But when he became Chief Judge, he changed the closing hour to 5.00 p.m. then I want to say that the fellow who attacked Justice Marsh in your latest edition, (Vol.8 No.3) is a stupid person. How dare he attack a judge like Justice Marsh who is so humble and accommodating that even his staff use his private toilets?
Editor’s Note: I see.

SQUIB
The Editor,
I can’t believe you are the Editor of the Squib. You look so gentle, nothing like a radical at all! But your magazine is doing a good job. Please keep it up.
Editor’s Note: Thank you.

SQUIB
The Editor,
I watched you on Galaxy Television at the weekend and I want to congratulate you on your contribution on the AGF/EFCC quarrel. You proved that there are still lawyers who will not promote thuggery, lawlessness in the name of fighting corruption. Femi Falana was talking arrant nonsense when he claimed that a judge cannot order that the police should not investigate a person. Just what does it mean when an order is given and said it is to operate as a stay on all actions against the applicants until the determination of a Fundamental Human Rights action? As a lawyer, hasn’t Falana himself obtained such orders in the past?
Editor’s Note: We may have to ask Femi Falana Esq. that.

ANGELS
The Editor,

I have just finished reading your newly released booklet, “Why Lawyers Are Angels…” It is an eye-opener to me even with my many years in practice. I have told you that you will always have my patronage. Every purchase (never mind critics) is money well spent.
G.O.A Ekisola Esq.
Editor’s Note: Thank you.

RIBADU
The Editor,
Can you please assist? I was told that Nuhu Ribadu attended the Law School in the 1983/1984 session but his name does not appear for that year. Yet another account says he was at the Law School for the 1985/1986 session, yet his name does not appear on the records. Please investigate.
Editor’s Note: We shall.

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