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Opinion

The Oracle: Ethics and Discipline in Law: Akin to Waiting for Godot (Pt. 6)  

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By Mike Ozekhome

INTRODUCTION

Legal practitioners, as guardians of the law, play a significant role in the preservation of society. As a result, it is the obligation of legal practitioners to maintain the highest standards of ethical conduct. The fulfillment of this role requires an in-depth analysis by legal practitioners of their relationship with and their function in our legal system. Today, we shall continue our discourse.

ETHICS IN THE LEGAL PROFESSION: HISTORY, NATURE AND MEANING OF ETHICS (continues)

Man was thereby ejected from the cherished garden for not keeping to the ethics attendant thereto, and that to his chagrin. This constitutes the first sanction for failure of ethics. In ancient Rome, they talked about exadiligentia, especially when it involves the business of others. Ethics demands exatadeligentia in regard to everything. It could not be less for it to be ethical. Ethics consist of what ought to be – deferenda. It is objective as against its subjective counterpart “What is” – de lata. What ought to be, also deals with common sense ethics viz; what do we expect will be done in the circumstances? Ethics in its wider sense affects princes, and slaves alike, it has neither physical nor class boundary, it is universal. It postulates that no man is an island of himself entirely. Ethics may be defined simply as the performance of excellence, doing the right thing, at the right time, be it in business, profession or even in ordinary day life.

Ethics demands a round peg in a round hole and will have nothing to do with a spare peg in a round hole. However, ethics, within which the Rules of Professional Conduct for Legal Practitioners 2007 is concerned about, crystallizes in the good, positively rejecting the bad and the ugly and dwelling on the mores in the acts or actions of lawyers in all they do. With ethics, there is no partiality, no scapegoat and no sacred cow. Ethics generally craves for honesty, decorum, reliability, trust and reliance to deserve the appellation – ethics. Ethics indeed deals with ideal human conduct.

WHAT IS REQUIRED OF A PROFESSIONAL IN ETHICS

The legal profession is ideally not open to all manner of persons because in the words of the Supreme Court of Nigeria in the case of N.B.A VS. OHIOMA, it was stated thus:

“Legal practice is a very serious business that is to be undertaken by serious minded practitioners particularly as both the legally trained minds and those not so trained always learn from our examples. We therefore owe the legal profession the duty to maintain the very high standards required in the practice of the profession in this country.”

Ethics demands from a lawyer that his client must have absolute confidence in him. Ethics demands that he knows his duty to the court. On these issues, Honourable Kayode Esso enunciated two commandments:

 

  1. A lawyer shall never be rude, insolent or insulting to the court. The above commandment however imports respect to judges but not a commandment for lawyers to fear judges or be intimated by them. This is because part of the qualities a judge expects from an advocate is:

Simplicity of presentation i.e. lucidness.

Selectivity i.e. ability to separate the relevant from the irrelevant.

Straight forwardness – ability to go straight to the point. Avoiding being garrulous).

Brevity.

Candour (Court detests deceitful counsel).

Resilience (ability to argue with conviction)

Proper presentation (court must perceive you as thorough in your presentation)

Courage, but not recklessness.

In the case of ETIM VS OBOT the Court of Appeal deprecated counsel’s use of the words ‘strange’ and ‘mysterious’ in describing the judgment of the lower court as not only inappropriate but also inconsistent with high ethical standard of the profession.

Secondly, a judge shall never be rude, even as a result of, or over sensitive to remarks made about or against him in the court. In this respect, it is the ethics of the legal profession that insults are better treated with disdain. The legal practitioner’s duty to the court is higher and more important than his duty to his client. Therefore misleading the court to obtain a judgment for a client is seen as a miscarriage of justice. General knowledge of almost all aspect of practice is advocated while pomposity is to be eschewed. The dress a legal practitioner wears in and out of the court is a reflection of his state of mind. A legal practitioner in Nigeria is expected to be tidy, respectable and sober not necessarily flamboyant. Lateness to court is unethical. A legal practitioner is expected to wait for the court and not the court to wait for him. The responsibility of a legal practitioner to his client and the court extends to knowing the facts of his client’s case, relevant laws, statutes, rules of court, case law, strength and weakness of a client’s case and trying as much as possible to avoid mistakes.

It is ethical for a legal practitioner to know his judge. The rule is that no two human beings are the same. By extension also, no two judges are the same, each judge has his or her own sensitivity, peculiarities of approach and attitude. One must therefore learn how to adopt.

It is unethical to allow or encourage a client to disobey a court order. It is part of the ethics of the legal profession in Nigeria for lawyers to accept briefs pro-bono public (for public good), that is without charging any professional fees.

It is part of the ethics of the legal profession for lawyers, working in the Attorney General’s Chambers whether at the State or Federal Level, to be guided by the “SHOWCROSS DOCTRINE” and not to allow external influences or politics or money considerations to influence their decisions in “whether or not to prosecute”. Yielding to any of these considerations may have a catastrophic effect.

Judges in Nigeria are required to be impartial unto dismal and even unto death. Honourable Justice Kayode Esso remarked as follows:

“… It is the duty of every Judge, after his appointment, conscientiously, to stand clear of all odium. In this sense, he gives no cause whatsoever to be suspected of a process to anything that is shady. He, like linen, remains stainless but more so he guards against stain…

DISCIPLINE

The issues of the ethics and disciplines in society are the study of the problems of peace, order and stability. No form of social grouping can be maintained without the solid foundation of ethic and discipline. They are derived from the normative and value systems of society. They enhance group dynamism, social cohesive and solidarity among members.

Let us consider the above in the way we live and grow in different groups/units such as home, school, market places, working environment, mosques and churches. Why are we not in a state of disorder, conflicts and instability? It is because from these social units, we learn to share and respect common values, norms, goals and aspiration based on daily interaction and relationships. This enable us to share common set of meanings and symbols, together with the feeling of unity, solidarity and a system of mutual obligations to group.

Why is there a need for discipline in society? Discipline is very essential to society because it serves important functions. It makes society able to avoid complex situations of chaos, instability, unrest and other forms of violence. It provides positive orientation to members and provides a means of collective mobilization for societal development. Discipline makes it possible to predict individual and group behaviour under different situations. It also helps society to check activities of deviants and other law-breakers in society. In general ethics and discipline have the advantage of ensuring proper and effective functioning of the individual within a definite and defined societal goals and aims.

DISCIPLINE AND INDISCIPLINE EXPLAINED

Discipline can be generally defined as a set of rules for conduct. It is acknowledged in every society. Its character is defined by different social and cultural contexts and time dimension. It is moralistic and ethical.

Discipline also refers to training, especially of the mind and character to produce self control, and habits of obedience. In sociological terms, disciplined person is therefore, a well-socialized individual. The above is made possible/impossible, successful/unsuccessful through the process of socialization. According to Paul B. Horton and Hunt, socialization is the process whereby an individual internalizes the norms of the group so that a distinct “self” emerges, that is unique to this individual and conscious of social rules and regulations.

Indiscipline is the opposite of discipline. It consists of perverse or debases activities. It means lack of discipline or the growing of or increase in indiscipline over time. In Nigeria, activities that are considered as indiscipline include; Rigging and other forms of electoral malpractices, succession bids by politicians, bribery corruption and perversion of the administration of justice, flamboyant demonstration of individual’s materialistic possession in the midst of social poverty, forgery, drug abuse, child abuse, child and female trafficking, financial misappropriation, all forms of dubious deals like advance payment/fee fraud and (149) activities.

FORMS OF INDISCIPLINE

The causes of indiscipline are as varied as the types of indiscipline that we have. These can be categorized under five distinct areas or typologies:-

Political Indiscipline: this means any form of pervasion of the political process in general or electoral process in particular. Examples are rigging, bungled registration exercise or failure to conduct elections where and when it is supposed to, use of a touts to manipulate election, etc.

Economic indiscipline:   This involves the use of and manipulation of institutional regulations by those in position of authority to hasten or shorten organizational procedures for their personal benefits, for friends and associates.  Examples   are manipulations of foreign, exchange, award of contract and any use of one’s official position for profit motive.

Bureaucratic Indiscipline: This forms the most popular form of indiscipline. Generally, it means the use of any illegitimate governmental process in the conduct of public office. Examples are bribery and corruption, lack of probity and accountability. (To be continued).

THOUGHT FOR THE WEEK

“In just about every area of society, there’s nothing more important than ethics”. (Henry Paulson).

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Opinion

In Defence of the 18-Storey Ibom Towers and Gov. Umo Eno’s Audacious Housing Plan

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By Michael Effiong

In the last few days, I have been inundated by a barrage of questions “Why is your Governor investing in Lagos? What is the rationale behind a project like this in Lagos State instead of Akwa Ibom where it will create jobs and empower the local contractors? Why now when people are hungry? It has been questions galore all referring to the decision of the Akwa Ibom State Governor, Pastor Umo Eno to develop a real estate facility in Lagos dubbed “Ibom Towers”

As a trained journalist of over 30 years, I know that today’s media space is filled with misinformation, disinformation and outright lies which are then elevated to trending public discourse by various people for motives that are often not altruistic.
Even a group of Akwa Ibom indigenes decided to host an X (Twitter) Space on the issue. I was on that platform for over two and half hours but it was obvious that none of the speakers had taken time to conduct any research on the said project.
That was when I became very alarmed because the basic foundation for contributing to any intellectual discourse is research, I could not believe that the speakers could not just investigate the matter properly, have a full grasp of the issues before coming to the public forum to not only express their anger against the project but were even contemplating street protest!. They more or less confirmed what I used to consider a myth, that we hardly read as black people.

 

Anyway, I did not take the hullabaloo seriously until a very well respected senior colleague of mine called in the dead of the night. I was in a state of panic when I picked the call, thinking something major has happened to him or his close ones until he brought up the issue of the Ibom Towers.
I could not believe my ears, I begged for a few seconds to change my position and then went on to lay out the facts of this matter.
I explained that the project was not a bolt from the blue. In fact ,on May 29, 2024 when the Governor delivered his first anniversary speech, he gave a hint about the project.

According to the Governor while laying out his plans for the next 365 days “Government will be active in the commercial property market in both Lagos and Abuja respectively by converting our existing strategic facilities in those cities into commercial use for the benefit of our people. These planned investments in infrastructure will bring huge returns to our State and signpost our determination to play big in the thriving real estate business in those two major cities”

His next words where “You mean he had mentioned his plans in his speech?
I replied “Yes sir, I am quoting the speech verbatim? He then said ‘Even at that, why would your governor leave your state and go all the way to Lagos to buy land and build an 18-storey Towers?

I replied, “ Sir, I hope you are not sleepy because it is a long a story? He responded “You know how I dey carry Akwa Ibom matter for head, give me the full story, I am all ears”.

I then began my defence “ In the first place, the Governor has not come to Lagos to buy any land. The truth is that the 18- storey development dubbed “Ibom Towers” is a child of necessity and an intentional investment. We have a landed property in a very prime location, Victoria Island to be exact. That property used to be our Governor’s Lodge, it is now referred to as the Old Governor’s Lodge. It is a dilapidated structure that has not yielded any single kobo to the state.

“I am not a real estate expert, but as a layman, I would say that the Governor had four options. First, leave the property in its current state and just keep it in the books as a thing of pride, second, outright sale of the property, third, put the property up for lease and fourth, develop the property.

‘The Governor decided to be audacious, instead of doing the ordinary, he chose the tougher but more rewarding fourth option with the decision to add value to that landed property and develop it into a picturesque facility called “Ibom Towers”, this option would ensure that the state still retains the property as well as guarantee return on investment and the funds would be ploughed into critical infrastructure back home in Akwa Ibom in furtherance of his ARISE Agenda.

“Now this Ibom Tower is a development that will feature 30 meticulously designed apartments: Spacious one bedroom units, elegant two-bedroom units and lavish three bedroom units. That is not all, there will be an opulent 4-bedroom duplex penthouse that would have breathtaking views of the Lagos skyline.”

“The contractors handling this development have been given a very strict timeline because the Governor wants to make returns on this investment in good time. I have asked those opposing this development their best option for the use of that prime property. They all usually side step the issue and come up with extraneous matters. But I would not ask you the same sir.

I then continued “Interestingly, the Ibom Towers is part of the Governor’s overall Housing plan that covers all segments of the property market: Low, middle and high income earners.

“For example, a few weeks ago in Uyo, the Governor laid the foundation of the Ewet Luxury Gardens Estate. It is a high-end, commercial residential estate development. It will consist 32 units of 5-bedroom ensuite fully detached duplexes, 3 living rooms, 3 maid quarters, study/living room, fully fitted kitchen, laundry room and green area. It will be a gated estate with such shared facilities as tennis court, gym, swimming pool facilities etc.

“It was at that Ewet Luxury Estate ground breaking that the Governor spoke about the Ibom Towers. That Estate like the one in Lagos is aimed at making money for the state. The same template has been adopted for the Dakkada Luxury Estate that was begun by the last administration. So while he is thinking about making use of the property in Lagos, he is also doing the same at home.

“I must add sir that the Governor has not been oblivious to the need for affordable housing and even shelter for the poorest of the poor.

“The administration in its first year completed the 236-Units Grace Estate and the Governor has approved that 264 more units be constructed. He has also approved that 160 units in the Estate should be exclusively allocated to civil servants from Grade levels 1-8. The allocation will be via a draw which can be entered only once with N50,000. The houses will be given out free of charge.

“Then of course, the Governor has been making waves with his ARISE Compassionate Homes Initiative. This is a unique programme where rural dwellers with very terrible abode are given brand new 2-bedroom fully furnished homes complete with external kitchen, 24-hour solar power and water system free of charge. 200 units of the homes are currently being built. Some have already been completed and handed over to very elated beneficiaries. His target is to deliver 400 Units before the end of his first term
My colleague shouted “Really. That is so impressive ?” Knowing full well that I have caught his attention, I quickly added “ The Governor has done a lot in rural development, healthcare, entrepreneurship…

He cut me off immediately “That is okay, that is okay do not bother, so what is all the fuss about?

My response was “Sir, we would keep educating them to make them see reason but as you know one cannot always please the world”. I then reminded him of Evangelist Ebenezer Obey’s famous song “The Horse, The Man and His Son popularly known as Ketekete

“You are so right, you cannot please everyone all the time. Everything is clear to me now. I think he should ignore them and continue his good work. Sorry that I disturbed your sleep,? were his next words.
I responded thus: “I am always at your service sir, we will keep discussing the issues. One thing I know is that our Governor is a private sector- driven technocrat, he would be the last person to take an investment that will benefit his people to any other state. Thank you for calling me to clarify issues, thank you for your patience and love always sir” And I hung up!

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Opinion

Hailing the Supreme Court on LG Allocation Judgment

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Prof Mike Ozekhome SAN, CON, OFR

The supreme court judgement today, July 11, 2024, directing the Federal Government to pay allocations due to Local Government Areas directly to their account thereby abolishing the old practices of State-Local Government Joint Account, is timely and courageous.

What the judgement has done is more like interpreting section 162 of the Constitution, which provides for a joint State-Local Government Account. In which case, money is normally paid to state governors’ accounts and then for them to disburse to the local governments for them to share. But what has been happening is that, as I noted in 2020,over three years ago, the state governors, have been behaving like ”bandits”, waylaing local governments funds along the way and thus impoverishing them leaving them with nothing to work, just a little for salary. And nothing to actually work for the people whom they represent.
I agree totally with the judgement of the supreme court to grant full financial autonomy so that money is released and paid directly to the 774 local government councils which constitute the third-tier of government,to develop their places because the LGAs are grassrooted and nearest to the people. Rather than allow overbearing state governors throw their weight around and muzzle the local governments and seize their purse,they will now allow LGs breath some air of freedom.

If you take a look at our situation, Nigeria is operating a very lopsided federation,more like a unitary system of government. Where the federal government is supposed to be a small government,it is controlling 67 items on the exclusive legislative list. That is why the federal government gets the lion share of the federation account , the lion share of the money that comes to the federation account to the tune of 52.68%. The states get 26.72% while the entire 774 local government councils in Nigeria get just 20.60% of the monthly allocation by the Revenue Mobilization Allocation and Fiscal Commission, RLASMC.

The question is, what is the federal government doing with almost 53% of the national income? That is because it is a government that is behemoth.That is elephantine. A government that intrudes and intervenes in areas that should not concern it at all. What is the federal government’s business with licensing cars and trucks for states? What is its business with the Marriage Act, dealing with how people marry and wed in Nigeria and how they live together as husband and wife and separate or divorce? What is the federal government’s business with unity schools? A whole FG operating secondary schools? What is their business? Why is the FG not allowing states generate their own power, operate their own railway stations, if they have the capacity? Why should the federal government not allow states have their own police force? Even for the local governments to have their own police force as we have in the United States and other advanced countries of the world where even tertiary institutions have their own police?

The truth is that the federal government is overbloated and overpampered. That is why it is using too much money and make the centre become too attractive,eating deep into funds that ought to be meant for the states and local government areas. The states take not only that which belongs to the states, but also waylays at source that which is meant for the local government areas. No Nation grows that way.

So, I see this judgment as epochal,having far-reaching effect because money will now be made available directly to the local government areas who will no longer be subservient, like fawning slaves to state governors. In fact, the judgement even went further to say that no state government has the power henceforth to dissolve local government areas. This is because we have been seeing cases where inspite of the provisions of section 7 of the 1999 constitution that give autonomy to local government areas, states normally go ahead and dissolve local government areas ND appoint caretaker committees for them.This is whimsical and capricious.The Supreme Court has said this can no longer go on and that henceforth, no state government should ever be able to dissolve any local government area in Nigeria for any reason whatsoever and howsoever.

The judgement is salutary, timely and regenerative. It should be upheld by all governments and people in Nigeria for better democratic dividends.I see this as victory for our wobbling democracy, even if we are far removed from true fiscal federalism where the federating units control and utilize their God-given resources while paying royalty or tax to the central government. This case is one big plus for tested court room gladiator, Prince Lateef Fagbemi, SAN, the Attorney General of the Federation, who initiated the case at the apex court, invoking its original jurisdiction.Surely,to jaw-jaw is better than to war-war. God bless Nigeria.

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Opinion

Telling the Nigerian and African Food Story to a Global Audience

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By Lydia Enyidiya Eke

Nigeria as the most populous black nation on earth is located in the heart of Africa and as a great country with unique culinary traditions, this great nation is known for her diverse and vibrant culture and people.

Nigeria, as one of the 54 countries in Africa is well known for her rich history and myriad ethnic groups, and equally known for her culinary strength.

These divers’ culinary strength offers a gastronomic tapestry that remains largely untapped by the global audience.

Since globalization fosters a growing interest in diverse food cultures, it is high time the world embraced the flavours of Nigeria.

A Culinary Mosaic

Nigerian cuisine is a reflection of its vast cultural diversity. Each ethnic group brings its unique ingredients, cooking techniques, culinary textures and flavour profiles to the table, creating a culinary mosaic that is both rich and complex.

From the spicy and oily soups, stews and sauces of the Yoruba in the southwest to the savoury soups of the Igbo in the southeast, and the aromatic dishes of the Hausa-Fulani in the north, and of course the seafood and vegetable delight of the south south as well as the lovely relishes of the middle belt, Nigerian food is a journey through the country’s cultural landscape.

Staples like jollof rice, with its tantalizing blend of tomatoes, peppers, and spices, have already started making waves internationally.

The same applies to the well-known dishes and a plethora of lesser-known culinary treasures waiting to be discovered.

These covers the 36 states of the federation. The popularly known egusi soup, also known as unity soup is a hearty melon seed soup that is eaten across the nation and continent.

What about the pepper soup and their spices, the same applies to the herbs, condiments and flavourings of bitter leaf soup, oha soup, groundnut soup, beans soup and many more.

Suya is another spicy grilled meat skewers, which equally offer a glimpse into the depth of Nigerian culinary artistry.

The Need for Global Recognition
Despite its richness, Nigerian cuisine remains underrepresented and basically under reported on the global stage.

This lack of recognition can be attributed to several factors, including limited exposure and the dominance of other culinary traditions in international media. However, the tide is changing. With the rise of social media and the global trend towards exploring new and authentic food experiences, Nigerian cuisine is poised for a renaissance.

Championing Nigerian Food through Digital Platforms

One of the most effective ways to bring the knowledge of Nigerian cuisine to the global audience is through digital platforms. These platforms are now diverse. They range from YouTube, to Instagram, Facebook, twitter, LinkedIn, TikTok, and Snapchat amongst others . Also included are food blogs, food websites and vlogs.

YouTube, in particular, has emerged as a powerful tool for sharing culinary traditions with a wide audience. Channels dedicated to Nigerian cooking, like the one I run, are playing a crucial role in this movement. By offering step-by-step DIY tutorials, we are not only teaching people how to cook Nigerian food but also sharing the stories and cultural significance behind each dish.

These digital platforms offer an interactive and engaging way to learn about Nigerian cuisine. Viewers from around the world can watch, comment, and even share their attempts at cooking these dishes, fostering a global community of Nigerian food enthusiasts.

Preserving Cultural Heritage
For many Nigerians living abroad, cooking traditional dishes is a way to stay connected to their roots. It is an act of preserving cultural heritage and passing it down to the next generation. By teaching the younger generation how to cook Nigerian food, we are ensuring that these culinary traditions are not lost in the face of globalization.
Moreover, sharing these recipes and stories with a global audience promotes cultural understanding and appreciation. Food, after all, is a universal language that brings people together. By inviting others to experience Nigerian cuisine, we are fostering a sense of unity and cultural exchange.

The Future of Nigerian Cuisine
The future of Nigerian cuisine on the global stage looks promising. With increasing interest in authentic and diverse food experiences, Nigerian food has the potential to become a beloved part of the world’s culinary repertoire. However, this will require continued effort in promoting and sharing these rich culinary traditions.
Initiatives such as food festivals, cultural exchange programs, and collaborations with international chefs can further boost the visibility of Nigerian cuisine. Additionally, support from the Nigerian government and private sector in promoting food tourism can open new avenues for showcasing the country’s culinary wealth.

As we look towards a future where cultures and cuisines are celebrated for their uniqueness and richness, Nigerian food stands as a testament to the country’s vibrant heritage. By telling the story of Nigerian cuisine to a global audience, we are not only sharing delicious food but also promoting cultural understanding and appreciation. Let us embrace the flavors of Nigeria and celebrate its place in the global culinary landscape.

For further about some Nigerian recipes and cooking tutorials, visit GOURMET GUIDE234 on YouTube, and the food blog GOURMETGUIDE234.COM where you can embark on a culinary journey through Nigeria’s diverse and colourful food traditions.

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