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» THE NIGERIAN LAWYER AND ABUSE OF COURT PROCESS
By Kayode Oladele | Published 03/2/2010 | Law and Justice | Unrated
One of the problems inhibiting the rule of law and proper administration of justice in Nigeria today is the rise in the abuse of court process by lawyers and their clients even sometimes with the active connivance and participation of some unprincipled judges on the bench who are entrusted with very wide powers and who forget that those powers come with them the responsibility to be fair to all.. 
» Nigeria: A constitutional crisis? What crisis?
By Oladele Osinuga | Published 12/23/2009 | Law and Justice | Unrated
Whilst the personality of the office holder of the presidency changes as dictated by the wishes of the electorate, changes to the presidency as an institution are dictated by what are laid down in the constitution being the supreme law of the land. The Yoruba's have a saying, which when translated reads, "you don't seek, what you haven't lost". So in essence why invent a so-called constitutional crisis when at the present time none exists.
» Do We Have An Immigration Amnesty?
By Azuoma Anugom | Published 01/31/2009 | Law and Justice | Rating:

This is a summary of the final settlement in the case of Northwest Immigrant Rights Project (NWIRP) v. USCIS), 306 F.3d 842 (9th Cir. 2002), 976 F.2d 1198 (9th Cir. 1992), 717 F.Supp. 1444, 709 F.Supp. 998 (W.D.Wash. 1989). This is a class action lawsuit challenging the INS's interpretation of "known to the Government" and "continuous unlawful residence" for those who entered the U.S. on a nonimmigrant visa before January 1, 1982, and who applied for purposes of the legalization program.

» "Policemen make us Pregnant in Detention"
By Hakeem Babalola | Published 11/19/2008 | Law and Justice | Rating:

According to the Vanguard, "members of the Nigerian police force secretly abuse, rape and forcefully have sex with inmates of Nigerian detention facilities". The paper continues, "To this end, many children born by the inmates are largely unclaimed". Vanguard discovered the horror during its visit to the nation's No 1 prison at Apapa, the Kirikiri Maximum Prisons in Lagos State.

» The Duplicity and Hypocrisy of Pat Utomi
By Sabella Abidde | Published 05/14/2008 | Law and Justice | Rating:

Pat Utomi must have been kidding when he said such a probe would embarrass the country. How, how in heaven’s name could a bank, any bank misappropriate that much money. It is the negligence and or criminality of those involved in the shady deal that is embarrassing to the country. And in fact it would be more embarrassing and disgraceful if the President of Nigeria or the Nigerian National Assembly fails to act.

» Self -executing treaties may face constitutional crisis in Nigeria
By Kayode Oladele | Published 01/25/2008 | Law and Justice | Unrated

The decision of the Senate to return the Greentree Agreement to the president and requesting the president to represent it in form of an executive bill may have been warranted by the sweeping provision in Section 12(1) of the Constitution which states that:

» IS THERE A NEED FOR THE OFFICE OF THE INDEPENDENT COUNSEL IN NIGERIA?
By Kayode Oladele | Published 09/6/2007 | Law and Justice | Unrated

The Federal Government of Nigeria recently set in motion, plans to probe serving top government functionaries by the Independent Corrupt Practices and other Related Offences Commission (ICPC). According to a statement credited to the Chairman of the ICPC, Justice Ayoola, such probe will be handled by the office of the Independent Council (OIC) which shall be appointed in accordance with Section 52 of the ICPC Act. In a nutshell, Section 52 of the ICPC Act provides that when an allegation of corruption is made against a public officer covered by immunity clause, it will be forwarded to the Office of the Chief Justice of Nigeria (CJN).

» Plea Bargaining: An Indispensable Tool in The Criminal Justice system
By Kayode Oladele | Published 08/30/2007 | Law and Justice | Rating:

Former Governor Alamieyeseigha was recently sentenced to 12 years in prison on a six -count charge that bothered on corruption and other economic offenses. He was sentenced two years on each count but all sentences ran concurrently. In accordance with the criminal procedure, the sentences ran from the day he was arrested and detained. He was arrested and detained in 2005.

» Supreme Court of Nigeria Vs Corruption War
By Paul Adujie | Published 04/30/2007 | Law and Justice | Unrated

The Supreme Court of Nigeria, in many ways, in attributes and qualities, is similar to the Supreme Court of the United States, in authority and, as the final adjudicating power or arbiter of all legal matters. The Supreme Court of Nigeria, has an unfettered power! For lawyers, the Supreme Court is therefore, what St. Peters Basilica is to devout Catholics! The Supreme Court is to lawyers, what Mecca is to devout Muslims! The Supreme Court is revered and held sacred by all lawyers and I suppose, by all citizens as well. In essence, the Supreme Court is the ultimate, in legal matters in Nigeria.

» The Minister for Energy and the Ticking Time Bomb
By Sabella Abidde | Published 03/12/2007 | Law and Justice | Unrated

Daukoru spoke like a man who is unfamiliar with that part of the country. Legacies? What legacies? The legacy of successive governments has been exploitation, repression, ecological disasters, health problems, social imbalances and a myriad of energy-sapping problems. He knows there are no opportunities for the common man in the Niger Delta. To argue otherwise is to be disingenuous and mischievous. In this regard, Daukoru is becoming a master of the game.

» Judicial efficacy: a comparative analysis of the U.S and Nigerian practice and procedure
By Kayode Oladele | Published 03/1/2007 | Law and Justice | Unrated

Public confidence in a legal system and the ability of the judges to discharge their duties promptly and efficiently is crucial to the effective dispensation of justice. A legal system that does not enjoy public confidence in its ability to dispense justice will ultimately collapse; hence, the foundation of democracy and rule of law.

» Abubakar Atiku and the Rule of Law
By Sabella Abidde | Published 02/21/2007 | Law and Justice | Unrated

I salute Vice-President Abubakar Atiku. I doff my hat to him for sticking to the rule of law. His actions are epoch making, precedent setting. Love him, hate him or be indifferent, it is difficult not to acknowledge and pay respect to him in view of his string of court victories against Mr. Obasanjo. To be sure, Atiku will never get my electoral vote, but I respect him.

» The Deceit called Supremacy of the Nigerian Peoples’ Sovereignty
By Oladele Osinuga | Published 01/26/2007 | Law and Justice | Unrated

Over the last few days I have had course to read again with interest our current constitution (1999), which compared to other countries constitutions is a very weighty document of over 500 pages more than that of the US, Germany, South Africa, France and a host of other countries. But this subsection stood out, it reads, “Sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority” Section 14 (2) (a).

» Legal Implication Of Party Switches By Elected Public Office Holders
By Kayode Oladele | Published 01/8/2007 | Nigerian Affairs , Law and Justice | Rating:

The recent defections of the Vice-President and the Governor of Abia State from the Peoples Democratic Party to various other political parties to seek presidential nominations pose very serious constitutional and political implications of party cross-carpeting among politicians particularly those holding elective public offices. This is because such a party shift can affect the balance of power and even the political lever such as the transfer of control of power from one political party to another.

» Nigerian Courts are too willing to consider frivolous Cases
By Kayode Oladele | Published 12/12/2006 | Law and Justice | Rating:

After several months of protracted battle to challenge his illegal removal by the Oyo State House of Assembly, the Supreme Court, on Thursday, December 7, 2006 finally resolved the case in favor of Senator Ladoja and terminated the 11-month reign of his deputy, Chief Adebayo Alao Akala. According to the apex court, Senator Ladoja’s purported removal by the House of Assembly was viod ab initio thereby affirming a similar decision by the Court of Appeals sitting in Ibadan that had earlier voided the removal.

» THE SUPREME COURT’S DECISION IN LADOJA’S CASE IS AN ASSURANCE OF SAFETY OF LIBERTY AND RULE OF LAW
By Kayode Oladele | Published 12/9/2006 | Law and Justice | Unrated

The Nigerian judiciary has shown concern for the safety of liberty, rule of law and due process. For once, the Courts have categorically come out to defend our democracy and guide us on what the world expects of us. Democracy has a standard and as I said before, you don’t borrow a system without its standard. I also told you in my last interview that the Supreme Court would affirm the decision

» NIGERIA IN THE THRESHOLD OF CONSTITUTIONAL CRISIS
By Kayode Oladele | Published 11/20/2006 | Law and Justice | Unrated

Being the text of speech delivered by Kayode Oladele, guest speaker at the Quarterly Luncheon of the Nigerian Democratic Liberty Forum (NDLF), New York on November 18, 2006.

Nigeria lived under a regime of law for only about six years after her independence before the military trumped our constitution through the first military coup that took place in 1966. For several years, the country groaned under the claws of military rule before she again breathed a sigh of democratic relief in 1979.

» Nigerian Professor Festus Oguhebe To Be Jailed For Putting Pepper In Son’s Eyes, Genitals
By ChatAfrik Contributor | Published 10/30/2006 | African Affairs , Law and Justice | Unrated
A college professor faces sentencing Nov. 14 in Hinds County Circuit Court after pleading guilty to felony child abuse, court records show. Festus Oguhebe, a Byram resident and Alcorn State University business professor, initially faced five counts of child abuse stemming from a March 2005 arrest. He is the father of six young children.
» A WORD FOR THE LEARNED ATTORNEY-GENERAL
By Olu Ojedokun Ph.D | Published 10/10/2007 | Law and Justice | Unrated

My objective of writing today is in some limited way aimed at encouraging a constructive engagement with the learned Attorney-General in his understanding of power. This is based on the understanding that to be relevant in the fight against corruption and in the discharge of his constitutional functions it is essential that he assumes as part of his duties the following:



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