Wednesday, January 30, 2008

Vol 8 No 15 28th January 2008



SQUIB
The Editor,
Compliments of the season! It gladdens my heart to know that Squib is now on-line, keep the flag flying.
Editor’s Note: - Thank you. Please keep Squibbing.


CASE LAW
The Editor,
That judgment of Justice Adenike Coker in suit No LD/1164/2006 is very interesting. You should have published it, all at once, not instalmentally as you did. It pained me so much that I couldn’t get the judgment once.
Editor’s Note: - Sorry about that. But the judgment is too long to be published once.


SQUIB
The Editor,
Thanks for your stand on all issues. We are right behind you. Keep up the good fight and make the year hot for those who need the truth.
Editor’s Note: - Sure!


SQUIB
The Editor,
I wonder how you got my e-mail address. I went to ABU Zaria and then Nigerian Law School in 1985. I was called to the New York Bar in 1995, so I did not know how our paths could have crossed. I may have seen the face and the name is definitely familiar but it has been such a long time that I left Nigeria. I have not been to Nigeria for the past 15 years. I have my own practice in New York. I intend to come and visit Nigeria sometimes in 2008 I have looked at your profile and what you are about. I am impressed. Keep up the good work. Regards.
Editor’s Note: - Thank you. Wish you a happy visit home.

Tuesday, January 15, 2008

Vol 8 No 13 14th January 2008

SQUIB READER’S PAVILION

PHILADELPHIA 9

The Editor,
Thank you for your story on the ‘Philadelphia 9’ - (the Lagos State Magistrates who went off to a Conference in the U.S without the approval of the Chief Judge), but do you know there is partiality in the purported punishment meted out to those magistrates? For example Mrs. Omotosho was among the P9 but she was never mentioned or moved from her court because she is the daughter of Obaseki JSC who was one of the Panel Members trying the Chief Judge in Abuja.

Secondly, look at Mrs. Ladipo who was moved from Tapa to Court 2 Apapa, which is not only a higher court but also made her head over Mrs. Femi Segun because her father was in the same church society with the Chief Judge at Ebute-Ero.

Thirdly, Mrs. Ogala was moved from Ikeja to Lagos, maintaining the same position because her husband is now the Chairman of the Lagos State House of Assembly Committee on the Judiciary.
And, do you know how the Chief Judge got to know about the ‘temporary disappearance’ of the P9 to the U.S? It was Mr. Animashaun the magistrate at the Ministry of Lands who squealed on them.

Editor’s Note-: Wonderful!


FIRST GECKO
The Editor,
I was chatting with you one day when a friend saw us together. After you left, my friend asked me what I was doing with you.
When I said you were my friend she told me “stop deceiving yourself, that Squib man has no friend.” Then I said you were my brother. She greeted that with a look of disbelief but conceded that you may after all have a family.

Editor’s Note: - Who are my brothers and sisters? Geckos!


SQUIB
The Editor,
May God continue to be with you. It’s a very good job you are doing in the judiciary. You tell the truth irrespective of those who are not comfortable with the truth.

Editor’s Note:- Thank you.

JUDGES
The Editor,

My view on your story about the judge who anointed computers with oil is that it’s another proof that Judges are all too human like us, no matter our calling them ‘Lords’ and treating them like gods.

Editor’s Note: - Quite!

RE-ASSIGNMENT BLUES
The Editor,
Legal practice in Lagos State was terrible, the last four months of 2007. Many of us (practicing lawyers) suffered as our cases were trapped in the registry, as they were not re-assigned to new judges. I was one of those especially hit by the incompetence of the authorities in re-assigning cases promptly. What type of Chief Judge is the incumbent? And to think he was once an administrative judge before becoming a chief judge?

My brother, I won’t deceive you, I suffered. Clients dried up and I had to resort to showing the meeting agenda of the NBA Ikeja which listed the issue of the late or even non-reassignment of case files to clients to convince them it was a general problem and which the NBA was tackling.

Editor’s Note: - What a pity! Let’s hope for a better year!

CRUSADE
The Editor,
Your crusade for a better judiciary is a task for all of us. But I believe you are one of the few specially blessed to undertake such challenges, hence my salutation to you. May you go from strength to strength!

Editor’s Note: - Amen.

Tuesday, December 11, 2007

Vol 8 No 12 10th December 2007

I AM NOT A P9 MEMBER
The Editor,
Why should you list me as a member of the PHILADELPHIA 9? I was never a member of that group and I did not attend any conference in the United States. Although it is true I travelled outside the country, but it was not to the United States.
I want you to correct any impression your story might have created that I was one of those magistrates who were sponsored by the Ministry of Establishment to a Conference in the U. S and who travelled there without clearance from the Chief Judge or that I collected money for the conference and went elsewhere.
It is important you do this because I am careful about my steps in the judiciary. I don’t want any troubles.
Chief Magistrate Ayo Odugbesan

Editor’s Note:- We are sorry if our story upset you. We however wish to say that only a mischief maker can, after reading our story {Vol. 8 No. 11 3 Dec. 2007} conclude you belong to the PHILADELPHIA 9

SQUIB
The Editor,
I want you to put in the Squib Magazine of next week that you came late to court today. Make sure you put it there, that you came late to court for your case. I don’t read your magazine but I will read the one for next week.
Honourable Justice Omolara Adebisi Kayode-Ogunmekan
Editor’s Note:- As the court pleases.


SQUIB
The Editor,
As much as I love your story on how {Barrister} Bisi Ade-Ademuwagun wrongly used a FHR action to detain another lawyer and seek for possession of land, I think your chambers should not have handled the case for Bisi’s victims.
This is because such a story would need following-up. But you can’t do that as you’ve become a counsel in the matter.
Editor’s Note:- You have a point there. However, unorthodox customers deserve unorthodox patrons

SQUIB
The Editor,
Let me thank you specially for the good works of your Magazine in the Lagos Judiciary. Several weeks before your publication came out on the issue of non-reassignment of cases, I made endless trips to the Registry to ask after my cases.
I made no head-way. But within a week of your publication on the matter, the judiciary has assigned eleven of my cases.
When the trouble of my clients became too much when their cases were not re-assigned, I sent them copies of the Squib where your open letter on the matter to the Lagos State House of Assembly was published.
It served to cool them down and made them to understand the predicament we all faced from the present administration. Thank you.
Editor’s Note:- Better thank God!

BISI -ADE-ADEMUWAGUN
The Editor,
After reading your story on Bisi-Ademuwagun. I now ask you, “How did he ever become the chairman of your branch {Ikeja?}
Editor’s Note:- Hope you are not passing insults on the Tigers?

Tuesday, December 4, 2007

Vol 8 No 11 3rd December 2007

AYO. J
The Editor,
You shouldn’t have published the Story on Justice Ayo because religion is a personal thing. She did her rituals in accordance with her religious beliefs.
But that your story on Justice Ojikutu-Oshode is welcome. How can a judge condescend to the level of slapping a lawyer?
It is highly untoward. No judge could dare do that to me. Only weak and lily-livered lawyers can be so assaulted.

BISI ADE-ADEMUWAGUN
The Editor,
That lawyer detained by another lawyer must be a weakling; if he was strong he wouldn’t have stayed for so long in detention.

BISI ADE-ADEMUWAGUN
The Editor,
Are you sure of what you published about Bisi Ade-Ademuwagun getting a detention order against another lawyer by way of an ex-parte application? If it is true, then it is preferable that the Ikeja Branch of the NBA be shut down?
I said this because Ademuwagun was once the Chairman of the Ikeja Branch! How can some one who is a bar leader do any such thing? And to think that he is a Doctor of Divinity?
That means he has a Phd in Bible Studies and he himself is a pastor. So is he saying that all the four days, the other lawyer was languishing in detention, his {Ademuwagun’s} conscience and Bible did not tell him that his colleague was in such a condition at his instance?

Editor’s Note: - Over to you Dr Bisi Ade-Ademuwagun.

BISI ADE-ADEMUWAGUN
The Editor,
In detaining another person via an ex-parte injunction Bisi Ade-Ademuwagun acted very badly. Where is such done a person’s liberty to be cut without he being heard?
Yet Ademuwagun is a bar leader!

Editor’s Note: - Over to you, Dr Ade-Ademuwagun

BISI ADE-ADEMUWAGUN
The Editor,
I have read the latest Squib edition {Vol. 8 No.10}. I must express my disappointment in Bisi Ade-Ademuwagun for the auties of his chambers. Applying ex-parte in a fundamental right suit for the arrest of another person who is not even a party, is indefensible. Of course it is also indefensible to use a fundamental right action to ask for possession of land.
Ademuwagun’s conduct in the case is simply unbecoming particularly so since he is a past chairman of a branch of the NBA.

Editor’s Note: - Speak on!

SQUIB
The Editor,
There is a Magistrate {name withheld} who has just been posted recently to the Magistrate Court Ebute- Metta. He is not only garrulous, vain glorious abusive but also very corrupt.
He does not approve sureties unless ‘Kola’ as given to him. Ironically the same court used to be known as a decent one when it was presided over by the immediate predecessor of this new horrible Magistrate Squib, please go and investigate and you’ll find out I am not exaggerating in my claims against the corrupt magistrate.

Editor’s Note:- Trust us to dig. But supply more dines. Please.

SQUIB
The Editor,
The Squib is one of its kind. It is unique. I have never seen any publication anywhere like it. But I really want to know whether you are in active legal practice, I mean do you appear before judges? Considering your constant ruffling of feathers in the judiciary, it is easy to guess that they {judges} will gang-up to victimize you.

Editor’s Note:- I can’t complain about victimization from judges because it simply does not exist.

SQUIB
The Editor,

I always hear people say Chief Gani Fawehinmi is a hard, a tough cookie, but take it from me, you are harder than the Chief. We see your Squib, it’s tough and we see you on the television. You are hard!

Editor’s Note:- ‘Haba!’

Prof’s Comment
Complaint against Kembi

BISI ADE-ADEMUWAGUN
The Editor,
I am not surprised and am sure many others will not be. Bisi is very well-known for This kind of practice. Before the new rules, he was an expert in obtaining exparte orders on Writ of Summons without Statement of Claim. He thereafter would go lo sleep for years or may not follow up the case.
My client was once a victim in on oh Bisi's cases. Princess Jegede vs Unknown Persons. I Ie did all he could lo ensure that we did not join the suit by not complying with the new rules. It was before Justice Phillips and later transferred to the court of the late Justice Asiyanbi who eventually struck out the matter after over five adjournments. The parties, including the Claimant -Bisi's client, were never represented before the late Justice Asiyanbi.
My client filed a fresh suit which has not seen the light of the day due to transfer of Judges in the last one year.
It is time lo examine Bisi's sense of justice if he has one. I am sure all the facts would not have been presented to Justice Marsh. The whole purpose of FHR proceedings has been defeated. In some jurisdictions, the lawyer would lose his license to practice. Big shame.

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!