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By EGUFE YAFUGBORHI, Port Harcourt As the infighting in the Rivers State ruling Peoples Democratic Party, PDP, lingers by the day, every action and inaction of one faction somewhat aggravate the situation. Penultimate week, it was the appointment of an Acting Chief Judge of the State that provoked a new war of words between both sides. Indication that Governor Rotimi Amaechi's appointment of an Acting CJ two weeks ago was going to create a fresh controversy emerged the day before when the Governor and his allies were conspicuously absent at the valedictory session in honour of immediate past CJ, Justice Iche Ndu as he retired from the office. While Amaechi and key functionaries of his administration stayed away from Ndu's retirement ceremony, Myefon Wike made a robust showing at the event with the State PDP Chairman, Felix Obuah in a guests list that also included current President of the Nigerian Bar Association NBA, Okey Wali SAN. The next day however, the Governor  waspresen...

By Akintayo Iwilade No! Do the fundamental components, like Summons- Drafting of Charges- Preferring of Information- Plea Taking and Mandatory recording of plea- Bail Issues- Mandatory presence of Accused person throughout Trial- Acquittal- Conviction- Allocutus- Sentencing etc, which distinguish criminal trials from civil ones, ever find place in Election Petitions which are uncontrovertibly civil in their procedural rules and final outcomes sought? No! Answering these posers in the negative make it tortuous to locate any logical jurisprudential rationale for imposing a burden of proof required in criminal trials, with unique fundamental components, on so-called criminal allegations in Election Petitions and other civil dispute scenarios. It is arguable that the Courts may have created the concept of ‘severance of pleadings’, under civil proceedings, to mitigate the injustice that often result from the narrow insistence on the onerous proof beyond reasonable doubt standard for so-call...

By Emmanuel Aguma As arguments rage over the legality or otherwise of appointing the President of the Rivers State Customary Court of Appeal, Justice Peter Agumagu,   the Acting Chief Judge of Rivers State by Governor Rotimi Amechi, a Port-Harcourt based legal practitioner and   former chairman   Nigerian Bar Association (NBA), Port-Harcourt branch and Secretary, Nigerian Bar Association (NBA) Rule of Law Action Group, Mr. Emmanuel Chinwenwo Aguma, examines the exercise in the light of  extant laws of the country. And described it as a greek gift, wrong, illegal and unconstitutional. I start with an unequivocal statement. The appointment of the President of the Rivers State Customary Court of Appeal as the acting Chief Judge of   the   State is legally   and   unconstitutional. I rely purely on the provisions of the Constitution of the Federal Republic of Nigeria 1999 as amended (the 1999 Constitution) and case law to so contend. Section 271(4) of the 1999 Constitution makes it absolut...

By Dayo Benson The just concluded Nigerian Bar Association NBA Annual General Conference AGC, in Calabar, Cross River State Capital , had the trappings of colour, carnival and conviviality.   Obviously nothing less was expected from the state , what with it’s soaring tourists destination identity. For lawyers, estimated at over 10,000 who kept the serene city awake from Sunday August 25 to Friday 30th, when the conference lasted, the experience transcended   normal Bar Conference. NBA President Okey Wali SAN’s description of the Calabar Conference as the best so far probably captures general feelings of participants. Wednesday Gala night which held at the expansive fully air-conditioned conference venue which host Governor Liyel Imoke, described as the “biggest in this part of the world’’ was the highlight of the event. Grandiloquent deliveries According to the Governor ,it cost Cross River a whopping N157m to provide the cool,cosy, comfort ambience befitting of such an event. It was a...

By Olivia Agbajoh EMPLOYER SPONSORSHIP ANY foreign national who possesses specialised and relevant skills, abilities and technical know-how required in Nigeria for the development of its economy may be employed to work in Nigeria for a period of time in order to transfer such skills, abilities and knowledge. Before such skilled foreign national can be employed in Nigeria, the employer must prove that no Nigerian citizen possesses the same skills, abilities and technical know-how; it must also have obtained a work permit for the prospective employee to the skilled migrant to work legally in Nigeria. i. Work permits. No person can legally work in Nigeria without first obtaining a work permit subject to the consent of the Comptroller General of Immigration. Two kinds of work permit can be issued: a TWP, if the employee’s services are only needed for a short time (e.g., for erection or installation work, feasibility studies, repairs of equipment, audit and accounting, research work); or a ...