Tuesday, 30 June 2015

613 lawyers jostle for 25 vacant judges’ positions

There are 613 lawyers jostling to fill 25
vacant judges' positions on the Federal
High Court bench, The PUNCH has learnt.
The Federal High Court currently has 55
judges in about 38 divisions of the court
across the federation.
Our correspondent confirmed that
nominations for the vacant positions
opened on December 19, 2014 and closed
in the first week of February 2015.
This is contained in a letter by the Special
Assistant to the Chief Judge of the Federal
High Court, Mr. Ambrose Unaeze, in
response to a request by The PUNCH for
the details of the ongoing process of
appointing the new judges.
Unaeze however stated in the letter dated
June 29, 2015 that the Chief Judge, Justice
Ibrahim Auta, declined to supply the
names of the 613 candidates, information
which he said was exempted from being
released to the public under Section 14(1)
(b) of the Freedom of Information Act.
The PUNCH had on May 15, 2015
exclusively reported that the Federal High
Court had commenced the process of
appointing 25 judges.
Our correspondent learnt from sources
that are familiar with the appointment
process that Justice Auta is expected to
conduct an interview to shortlist and
forward 100 names among the 613
nominees to the Federal Judicial Service
Commission.
The FJSC will also conduct further
interview to prune down the number
from 100 to 50 and forward the names of
the successful applicants to the National
Judicial Council.
At the end, the NJC will put the 50
nominees through further processes and
select 25 who would be nominated to
President Muhammadu Buhari for
appointment.
The response of Justice Auta to this
newspaper's letter showed that the
nomination of the 613 lawyers jostling for
the judicial positions were received upon
request from the Attorney-General of the
Federation, President of the Nigerian Bar
Association and heads of the various
superior courts of record, to put forward
the names of lawyers considered fit for
the positions.
The courts whose heads were requested
to nominate candidates for the judicial
positions comprised the Supreme Court,
the Court of Appeal, Federal Capital
Territory High Court, the National
Industrial Court, as well as high courts,
Customary Court of Appeal and the Sharia
Court of Appeal of the 36 states of the
federation.
Attached to the response of the court
management to The PUNCH's request was
a copy of a letter dated November 24,
2014 by Justice Auta, seeking an approval
to commence the appointment process
from the Chief Justice of Nigeria and the
Chairman of the National Judicial Council,
Justice Mohammed, who was then
holding both offices in acting capacities.
The PUNCH's request for the information
made under the provisions of the
Freedom of Information Act was
contained in a letter dated May 19, 2015
and addressed to the Secretary, Federal
Judicial Service Commission.
The FJSC had redirected the request to the
Chief Judge of the Federal High Court,
Justice Ibrahim Auta.
According to Auta, in his letter to the CJN
and Chairman of the NJC, the need to
appoint more judges for the Federal High
Court was informed by the provisions of
the FHC (amendment) Act 2013 which
increased the number of judges of the
court from 50 to 100.
He added that by the end of 2014 a total
of 15 judges had left the bench of the
Federal High Court through retirement,
elevation and death.
The letter added, "In this regard, there is
the compelling need to fill the existing
gap and vacancies occasioned by the
circumstances enumerated above i.e.
retirement, elevation and death."

Punchng

Court frees murder suspect for pleading guilty


An Ijede Magistrates' Court near Ikorodu,
Lagos State on Tuesday discharged a man,
Kazeem Ajiga, who allegedly lynched
another man for stealing his aluminium
roofing sheets.
Ajiga was arraigned on Tuesday for taking
laws into his hands by executing jungle
justice on a suspect, Raheem Omoyele,
whom he accused of stealing his
property.
The News Agency of Nigeria reports that
Omoyele was on Monday brought before
Olagbegi-Adelabu on a charge of stealing
25 aluminium roofing sheets belonging to
Ajiga.
The Magistrate, Mrs Jumoke Olagbegi-
Adelabu rules that Since Ajiga has shown
remorse, "caution and did not waste this
court's time by pleading guilty, I hereby
discharge him and strike out the case."

Punchng
NAN

UNSBITE OF THE WEEK

Our Unsbite of this week is Obidike Anthony Chukwudozie Williams. A 200l student from Anambra State.
He is a member of Gani Fawehinmi chambers, leading his chambers to win the Hon. Justice Auwal Ibrahim moot court competition.
Tony loves to sing, write poems, watch movies. His favorite sports is  WWE and his Dad is his Role model
He personal philosophy is that Life is too short, thus, Live and let live(Egbe bere, Ugo bere).

Sunday, 28 June 2015

Nigeria/US extradition treaty: What the law says

By Dayo Benson & Abdulwahab Abdulah

Ongoing attempt by the National Drugs Law Enforcement Agency, NDLEA,
to extradite Senator Kashamu Buruji to the United States of America
over drug related offences has engendered legal fireworks between both
parties. However, the treaty under which the NDLEA is seeking to
extradite Senator Kashamu dates back to 1931 when Nigeria was still a
colony of the United Kingdom.

The actual treaty was between the UK and the US. Automatically,
Nigeria was bound by the treaty because it was a colony of the UK as
at then. At Nigeria's independence in 1960, the treaty became a
statute of general application as was the case with all laws inherited
from the colonial masters. Since then, it has been part of the
nation's legal system.

After the military incursion into politics in 1966, there was an
Extradition Decree of 1967 which later became Extradition Act, and it
validated the existence of the treaty.

According to the treaty the "contracting Parties engage to deliver up
to each other, under certain circumstances and conditions stated in
the present Treaty, those persons who, being accused or convicted of
any of the crimes or offences enumerated in Article 3, committed
within the jurisdiction of the one Party, shall be found within the
territory of the other Party."

Specifically, Article 3 of the Treaty provides offences for which
extradition can be granted. The Article states:

Manslaughter, administering drugs or using instruments with intent
to procure the miscarriage of women.
Rape.
Unlawful carnal knowledge, or any attempt to have unlawful carnal
knowledge, of a girl under 16 year of age.
Indecent assault if such crime or offence be indictable in the
place where the accused or convicted person is apprehended.

Kidnapping or false imprisonment.

Child stealing, including abandoning, exposing or unlawfully detaining.
Abduction.

Procuration: that is to say the procuring or transporting of woman or
girl under age, even with her consent, for immoral purposes, or of a
woman or girl over age, by fraud, threats, or compulsion, for such
purposes with a view in either case to gratifying the passions of
another person provided that such crime or offence is punishable by
imprisonment for at least one year or by more severe punishment.

Bigamy.
Maliciously wounding or inflicting grievous bodily harm.
Threats, by letter or otherwise, with intent to extort money or
other things of value.
Perjury, or subornation of perjury.

Arson.

Burglary or housebreaking, robbery with violence, larceny or
embezzlement. Fraud by a bailee, banker, agent, factor, trustee,
director, member, or public officer of any company, or fraudulent
conversion.

Obtaining money, valuable security, or goods, by false pretences;
receiving any money, valuable security, or other property, knowing the
same to have been stolen or unlawfully obtained.
-(a) Counterfeiting or altering money, or bringing into
circulation counterfeited or altered money.

(b) Knowingly and without lawful authority making or having in
possession any instrument, tool, or engine adapted and intended for
the counterfeiting of coin.

Forgery or uttering what is forged.
Crimes or offences against bankruptcy law.
Bribery, defined to be the offering, giving or receiving of bribes.
Any malicious act done with intent to endanger the safety of any
persons travelling or being upon a railway.
Crime or offences or attempted crimes or offences in connection
with the traffic in dangerous drugs.

Malicious injury to property, if such crime or offence be indictable.

-(a) Piracy by the law of nations.

(b) Revolt, or conspiracy to revolt, by two or more persons on board a
ship on the high seas against the authority of the master; wrongfully
sinking or destroying a vessel at sea, or attempting to do so;
assaults on board a ship on the high sea, with intent to do grievous
bodily harm.

Dealing in slaves.

Extradition is also to be granted for participation in any of the
aforesaid crimes or offences, provided that such participation be
punishable by the laws of both High Contracting Parties. In Article 4,
"the extradition shall not take place if the person claimed has
already been tried and discharged or punished, or is still under trial
in the territories of the High Contracting Party applied to, for the
crime or offence for which his extradition demanded.

"If the person claimed should be under examination or under punishment
in the territories of the High Contracting Party applied to, for any
other crime or offence, his extradition shall be deferred until the
conclusion of the trial and the full execution of any punishment
awarded to him."

According to Article 5, "The extradition shall not take place if,
subsequently to the commission of the crime or offence or the
institution of the penal prosecution or the conviction thereon,
exemption from prosecution or punishment has been acquired by lapse of
time, according to the laws of the High Contracting Party applying or
applied to."

Also, Article 9 stipulates that : "the extradition shall take place
only if the evidence be found sufficient, according to the laws of the
High Contracting Party applied to, either to justify the committal of
the prisoner for trial, in case the crime or offence had been
committed in the territory of such High Contracting Party,

or to prove that the prisoner is the identical person convicted by the
courts of the High Contracting Party who makes the requisition, and
that the crime or offence of which he has been convicted is one in
respect of which extradition could, at the time of such conviction,
have been granted by the High Contracting Party applied to."

In an appeal filed before the Court of Appeal in Lagos by one George
Chidebe Udeozor against the Federal Republic of Nigeria, which lead
judgement was delivered on June 9, 2004 by Justice Dongban Mensem, the
issue of extradition treaty between Nigeria and United States of
America was one of the four grounds of appeal.

In the case, Udeozor said there was no treaty but the Court affirmed
its existent because it has become part of Nigerians laws. According
to the second ground of appeal in the case, the appellant said the
trial Judge erred in law "when he held that the word 'may' as used in
section 20 of the Extradition Act is permissive and not mandatory and
that the section applies only to commonwealth countries which America
is not part of."

Udeozor (appellant) request was made by the diplomatic representative
of the Embassy of the United States of America Abuja, for his
surrender. The appellant was charged with the offences of conspiracy
to commit involuntary servitude, harbor an illegal alien, and
encourage an illegal alien to come to, enter and reside in the United
States. Also, Udeozor was accused of involuntary servitude and
harbouring an illegal alien for financial gain at the United States
District of Maryland.

Dwelling on the issue of who has power to grant or make orders as
regards extradition request, the court held that: "Section 20
actually reposes the responsibility and powers to ascertain the
conditionality for acceding to an extradition request on the
Attorney-General not on the Court.

"By the provisions of the Act, the Hon. Attorney-General, who is the
Chief Legal Officer of the Federal Republic of Nigeria, has the
discretion to exercise the power. Once he has ascertained that there
exists an offence which falls within the Extradition Act, and he so
orders, the duty of the court is delineated, the court is
circumscribed to question the exercise of discretion by the Hon.
Attorney-General.

"Only upon cogent and compelling reasons challenging the proper
exercise of such powers may the court inquire into the manner of its
exercise. The powers of the Attorney-General in this issue is similar
in extent as when the Hon. Attorney-General initiates a criminal
proceedings or enters a nolle prosequi in a criminal matter. The court
does not question that exercise."

The court noted that the general rule is that extraditable crimes must
be those commonly recognised as malum in se (acts criminal by their
very nature) and not those which are malum prohibitum (acts made
crimes by statute).

Explaining the interpretation of section 6 (1) and (2) of the
Extradition Act, the court stated that it is the duty of the
Attorney-General to receive the request for the surrender of a
fugitive criminal in Nigeria, adding that Section 6 (2) of the Act
reposes the discretion in the Attorney-General to signify to the court
that such a request has been made and he does that only after he
satisfies himself on the basis of the information accompanying the
request, that the provisions of section 3 (1-7) are met.

"Nothing in the Act gives the court the powers to question the
discretion of the Hon. Attorney-General in those matters.

The trial court was therefore right in presuming regularity in the
performance of an official duty. In the absence of any serious
challenge to the proper exercise of discretion by the Hon.
Attorney-General for the Federation, the Court must uphold the
official integrity of the Hon. Attorney-General, and presume that he
carried out his duties as prescribed by section 6(1) and (2) of the
Act," the court maintained.

Meanwhile, in the case of Senator Kashamu Buruji, the Federal High
Court in Lagos has restrained the NDLEA and the Attorney General of
the Federation from taking any step that could jeopardize the outcome
of an appeal filed by the Federal Government on the matter.

vanguardngr.com

Friday, 26 June 2015

US Supreme Court makes gay marriage legal

The US Supreme Court made same-sex
marriage legal throughout the nation Friday
in a much-awaited landmark decision that
triggered wild jubilation and tears of joy.
In a 5-4 ruling, the highest court in the
United States said the Constitution requires
all 50 states to carry out and recognize
marriage between people of the same sex.
President Barack Obama, in heartfelt
remarks, praised the ruling as "a victory for
America." The court decision marked a
fresh coup for the White House, coming a
day after the Supreme Court upheld an
important and disputed section of the
president's signature health care reform.
"Today we can say in no uncertain terms
that we've made our union a little more
perfect," Obama said at the White House,
which changed its Twitter avatar to the
rainbow colors of the growing gay rights
movement.
"This decision affirms what millions of
Americans already believe in their hearts —
when all Americans are treated as equal,
we are all more free."
It also made the United States the 21st
country or territory in the world that
recognizes same-sex marriage as legal.
Flag-waving LGBT rights advocates on the
packed Supreme Court forecourt — some
in tears — cheered, danced, shouted "USA!
USA!" and sang "The Star-Spangled Banner"
in celebration.
Prominent in the crowd was Jim Obergefell,
the lead plaintiff in the case, clutching a
photo of his deceased husband John
Arthur.
He took a brief phone call from Obama,
who told him: "Not only have you been a
great example for people but you're also
going to bring about a lasting change in
this country.
"And it's pretty rare where that happens so
I couldn't be prouder of you and your
husband. God bless you."
Obergefell, who was live on television at
the time, replied humbly: "Thank you, sir.
That means an incredible amount to me."
Also in the vast crowd outside court as the
life-changing news filtered through were
Robert Westover, 51, and Tom Fulton, 57,
who hugged and kissed.
"It feels like my birthday, the prom, our
wedding day. It's hard to express the
intensity of this moment, that our love now
is equal," Westover told AFP.
The case was brought by 14 same-sex
couples, and the widowers of two gay
couples, including Obergefell, who had
challenged de facto bans on same-sex
marriage in Michigan, Kentucky, Ohio and
Tennessee.
All four states had insisted in their
respective constitutions that marriage
could only be a union between a man and
a woman.
"The Fourteenth Amendment (providing
equal protection under the law) requires a
state to license a marriage between two
people of the same sex and to recognize a
marriage between two people of the same
sex when their marriage was lawfully
licensed and performed out-of-State," the
court ruling said.
Marriage has been a core institution in
society since ancient times, "but it has not
stood in isolation from developments in
law and society," reasoned Justice Anthony
Kennedy, who delivered the ruling.
To exclude them from marriage, Kennedy
said, would deny same-sex couples "the
constellation of benefits that the states
have linked to marriage."
Voicing dissent was Chief Justice John
Roberts, who expressed concern that the
court was making a decision better left to
elected state legislatures.
"If you are among the many Americans —
of whatever sexual orientation — who favor
expanding same-sex marriage, by all
means celebrate today's decision," he said.
"Celebrate the achievement of a desired
goal. Celebrate the opportunity for a new
expression of commitment to a partner.
Celebrate the availability of new benefits.
"But do not celebrate the Constitution. It
had nothing to do with it."
The decision came two years to the day
after the Supreme Court, in another major
ruling, struck down a controversial federal
law that denied US government benefits to
wedded gays and lesbians.
"This transformative triumph is a
momentous victory for freedom, equality,
inclusion, and above all, love," said
Freedom to Marry, one of several groups
battling for LGBT marriage rights.
"We'll remember this day for the rest of our
lives," added the It Gets Better Project,
another gay rights organization, in a mass
email to supporters.
But the conservative Family Research
Council expressed outrage, saying "no court
can overturn natural law."
"Nature and nature's God, hailed by the
signers of our Declaration of Independence
as the very source of law, cannot be
usurped by the edict of a court, even the
United States Supreme Court," it said.
Texas Attorney General Ken Paxton, whose
state has also prohibited same-sex
marriage, said the fight going forward was
now one of "religious liberty."
"No court, no law, no rule, and no words
will change the simple truth that marriage
is the union of one man and one woman,"
he said in a statement.
"Nothing will change the importance of a
mother and a father to the raising of a child
— and nothing will change our collective
resolve that all Americans should be able to
exercise their faith in their daily lives
without infringement and harassment."



vanguardngr

Sharia Court sentences 8 to death for blasphemy

A Sharia court in Kano has
sentenced a woman and 7 others to death
for blasphemy.A statement by the Registrar, Kano Sharia
court of Appeal signed by one Alhaji Nasiru
stated that 8 persons were found guilty in
accordance with section 110 and 302 of the
penal code procedure.
An Islamic cleric, Abdul Inyas, Hajiya Mairo
Ibrahim and 10 others were accused of
making blasphemous statement against the
Prophet of Islam, on May 5th at a religious
gathering in honour of Sheik Ibrahim
Inyass at Dala general area of Kano
municipal.
The controversial Sheik Abdul Inyass is of
Haqiqa (Realist) group, a mystical branch
of Tijjaniyya movement with its
headquarters in Senegal.
When the accused persons appeared in
court on May 22nd thousands of youths
who stormed the court to witness the
proceedings burnt down the Sharia court.
This development may have forced
government to conduct the trial in secret.
But while the accused were in detention
irate youths stormed and demolished Sheik
Abdul Inyass residence located at Gaida,
Kumbotso local government area of the
municipality.
The statement further disclosed that Al
Qassim Abubakar, Yahaya Abubakar, Isa
Abubakar and Abdullahi Abubakar were
discharged and acquitted by the court in
tandem with sec 404 of Sharia criminal
procedure.
Earlier in May, an Islamic cleric, Abdul
Inyass of Tijjaniya sect was arrested
alongside 11 others for denigrating the
Prophet of Islam.

Monday, 22 June 2015

THE BEGINNING OF ANOTHER LOVE STORY (BY UCHE OSITA JAMES)


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Saturday, 20 June 2015

QUOTE OF THE DAY

There is no such thing as almost lawful , an act is either lawful or unlawful for the slightest quality of illegality discernable in an act no matter how close to lawful would certainly render it incapable of true legality.

                     - Justice Ngene Abuchi
               (The book of legal knowing)

Wednesday, 17 June 2015

UNSBITE of the Week

Our UNSBITES of the week is AKPAN UTIBE-ABASI EMMANUEL.

UTIBE AKPAN is a 100 level Law Student and an intern of the ZEBRA CONSULT.
The Akwa Ibom born, is an embodiment of humility, diligence, intelligence, sagacity and off course very jovial and God fearing.
His excellent performance in the just concluded First Year Internship Debate, did not only distinguish himself among his peers but also earned him the honour of the BEST SPEAKER in two of his appearances.
Also, his outstanding performance on the very Finals of the DEBATE, did not only earn him the admiration of the judges and ultimately the award of the BEST ADVOCATE in the First Year Internship Debate 2015 but also caused the learned Presiding Justice to present a personal award/prize to him for his wonderful performance.
We hope the flame of advocacy in him does not fade as he prepare to be inducted into the bar.

Monday, 15 June 2015

UNSBA INSPIRES

"All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence."

                      - Martin Luther King, Jr

THE CONSTITUTIONALITY OF LAWYERS’ DRESS CODE IN NIGERIA

In Nigeria, the Rule of Professional Conduct for the legal profession
Rule 6(b) provides;
While the court is in session, a lawyer should not assume an
undignified posture, and should not, without the judge's permission,
remove his wig and gown in the courtroom. He should always be attired
in a proper and dignified manner, and abstain from apparel or ornament
calculated to attract attention to himself.
From the clear wordings of the above Rules of Professional Conduct, it
is clear that no particular dress code was specified by the Rules. The
Rules appear to have been lifted in Toto from the Code of Conduct of
England and Wales which never spelt out what a Barrister's dress code
should be; it only stated "Respectable dress".
In England, today, however by convention rather than regulation, dark
suits, black jacket and pinstripes, wig and gown, are traditionally
worn in court by men, while lady barristers wear dress and no slacks.
At the time of writing, the writer could not lay hands on any specific
regulation by the Nigerian Bar Council specifying in detail, what the
dress code of legal practitioners will be like in Nigeria, therefore
from all indications, it is to be assumed and, rightly so, that the
English lawyers conventional dressing code was silently adopted in
Nigeria, without taking our culture and climatic conditions into
consideration. The Nigeria Council of Legal Education on its
establishment has tried to spell out in clear terms, what the dress
code of lawyers should be like.
The Nigeria Law School Code of Conduct Rule 29(a) provides: He should
be well-dressed at all times. The regulation on dress for male
students is dark suits, white shirts, black ties (not bow tie), black
socks and black shoes with white breast pocket, handkerchiefs, and
striped black trousers may be worn under dark jackets
Rule 2(b) of the said Code of Conduct further stipulated the dressing
code for females as: For female students, white blouse, dark jacket
and black skirts, covering knees (dark suit) or dark ladies and black
shoes are to be worn. There should be no embroidery and trimmings of
any type, and only moderate jewellery.
The Nigerian Law School Code of Conduct, further stated in Rule 2(b),
that at all law dinners, students must be punctual, and be in
regulation dress; it further stated that at call to bar ceremonies,
qualified students must wear regulation dress and also the Wig, Winged
collar and Bids or Collarette and Barristers' Gown. Finally, the rule
concluded by stating that the above mode of dressing is mandatory for
both male and female, while at the law school and other extra
curricula activities, and when called to the Bar, and attendance at
magistrate and all superior courts.

From all indications, it is clear that the above cited Code of Conduct
of the Nigerian Law School legally institutionalized the use of dress
code in the legal profession in Nigeria. The question that ordinarily
agitates one's mind is, why imposing a similar English lawyer's dress
code on the Nigerian legal profession? Is it not one of the relics of
colonialism, which we ought to have discarded after 52years of
independence? Why are we still slavishly adhering to another man's
culture, without taking into consideration our climatic conditions and
the constitutional right of every individual to self-expression? Is a
lawyer not entitled to wear anything that suits him, in so far as it
is neat and dignified? Why trying to hinder or fetter a lawyer's right
to self-expression, which right is guaranteed under Section 39(1) of
the 1999 constitution of the Federal Republic of Nigeria?
In the light of section 39(1) therefore, is the dress code for
lawyers as stipulated by the Nigerian Law School, not
unconstitutional? Every citizen of Nigeria, and indeed every lawyer,
is entitled to express himself in any wear which in his own opinion is
suitable to him, in so far as it is modest. Are lawyers in Nigeria not
sticking to the old conservative ways of the Englishman? It is the
writer's view that what matters in the administration of Justice is to
the need to ensure that substantial justice is done in all cases. What
a lawyer decides to put on, is immaterial. There was an instance where
a judge refused to hear out a female lawyer because she was putting on
a bright coloured blouse under her gown. Does this denial of
appearance not amount to a infringement of her client's right to fair
hearing?
It is noteworthy that the Nigerian Law School Code of Conduct did not
stipulate any punishment for non conformity with the Code. The
question may be asked, can a lawyer not wear attire in which he feels
he can best express himself in court? One can go a step further in
this enquiry by asking what the rationale for this dress code is for
lawyers and law students. As far as doctors or students doctors are
concerned, their white lab coat is understandable as it ensures their
neatness, it also prevents transmission of one infection or the other,
especially during surgery. In the case of lawyer's wig and gown, some
rationalize the dark suit, wig and gown dress code by saying that it
reflects the solemnity of the proceedings, especially in murder cases,
when one's client's life is at stake, they argue that it is only
proper that you do not dress flamboyantly. It is submitted that
dressing alone is not always a true reflection of how the individual
feels; one can also express his inner feeling through his or her
general conduct in court.

Firstly, it should be noted, right away, that in England wig and gown
are still being retained because they distinguish a barrister from a
solicitor; the former is entitled to appear in court fully robed while
a solicitor does not enjoy such privilege. Secondly, the protagonists
of the retention of wig and gown in England also argue that it suits
the climatic condition of England and Wales. Thirdly, they argue that
it confers dignity and solemnity on court proceedings. Fourthly, wigs
according to them lend anonymity in highly charged criminal cases.
Finally, they claim that it obscures the differences of age and
gender, and consequently serves as equalizer in a profession dominated
by men. In Nigeria, the first and second reasons do not apply because
every legal practitioner, by virtue of being called to the Bar, is an
advocate and solicitor of Supreme Court of Nigeria. Therefore, here in
Nigeria, the need for the wig and gown to distinguish the 'barrister'
from 'solicitor' does not arise. Secondly, the climatic condition in
Nigeria does not need to be further compounded with English dress code
and its other paraphernalia. It is interesting to note that already
in England, there have been several moves in the past to do away with
the lawyer's wig and gown.

Coming home to Nigeria, why have we continued its retention, the
English barristers themselves have been debating since Lord
Chancellor's Consultation paper of 1992, whether to abolish the wig
and Gown or not. Why is it that no such debates have ever taken place
in Nigeria? In England, the issue of constitutionality of barristers'
dress code was never addressed by those attacking the wig and gown.
This is probably as a result of the fact that it was adopted by
convention. No English law or regulation required the wig to be worn
by judges or barristers. In Nigeria, however, the Council of Legal
Education has made the barristers' dress code mandatory not only in
attending courts, but other extracurricular activities. Is this
requirement of Code of Conduct not too far-reaching? It did not stop
at making the regulation dress mandatory in Magistrate Courts, and all
Superior Courts, but extended same to other extra curricula
activities, like Bar Dinners. Lawyers in Nigeria are expected to wear
their regulation dresses to Bar Dinners and other judicial functions.
Whereas in England, during the lawyers' Alumni Group Dinner of 19th
February 2002, the dress code was stated to be long and not mandatory
black suit, yet in Nigeria we have continued to stick to our usual
dark suits of black for Bar Dinner. Other British colonized countries
have equally held unto this dress code. For example, Hong Kong and
Uganda have continued to wear wig and gown. In fact in India, the Bar
Council of that country prescribes a strict regulation dress and an
advocate has no choice in the matter while appearing in court, and
will not be permitted to appear if incorrectly attired. The question
may be asked, why is it that the various dress codes for barristers in
all these colonized countries mentioned, are made to be mandatory and
that a lawyer has no choice in the matter? In Nigeria, is this not an
infringement of the right to self expression? Why should a lawyer be
hindered from wearing any suit he finds suitable in so far as it is
neat and presentable? Is the Council of Legal Education Code of
Conduct not inconsistent with the express provisions of Section 39 our
Nigerian 1999 Constitution and therefore null and void? Again, where a
judge refused in court to hear out a female lawyer because she was in
a bright blouse, is it not an infringement of the lawyer's client's
right to fair hearing as enshrined in the Constitution? In fact, in
Germany, it has been observed that lawyers wear their gowns over a
sweater and jeans, yet the cases being handled by these lawyers were
not presented less competently. The issue is that, it is not the garb
that makes a lawyer

Our 1999 constitution has guaranteed the right to freedom of
expression under Section 33, it therefore follows that the mandatory
dress code, as provided by the Council of Legal Education, is null and
void to the extent of its inconsistency with the Constitution. If the
courts in America, frown at such violation of self-expression by the
mandatory dress code imposition of uniform dressing code on secondary
school students in America, how come lawyers in Nigeria are still
being denied the right to express themselves in a way they like? In
fact, as highlighted elsewhere in this write up, English lawyers are
no longer bound to appear in law dinners in the mandatory dark suits;
even the lawyer's judicial attire costume has been under serious
attack in England. Germany also has no specific dress code for
lawyers. It is submitted that it was high time our courts made
specific pronouncement on this dress code issue to avoid propagating
illegality in our judicial system. The continued retention of Lawyers'
dress code gives the impression that legal profession is a regimented
one. Our courts should not be seen as aiding illegality, moreover, it
was time we did away with these colonial relics, as it is not the
dress that makes a lawyer.



#abridged




By Arabian Journal of Business and Management Review (OMAN Chapter)
Vol. 2, No.4; Nov. 2012
IFEMEJE SYLVIA, PhD,
UMEJIAKU NNEKA, LL.M,
NOSIKE C.O, LL.B,

OTEGBULU MICHAEL AKA OTB ONE OF THE UNSBA PRESIDENTIAL ASIPRANTS RESPONDS VEHEMENTLY SAYING " MY ANTECEDENTS WOULD SPEAK FOR ME "

AN INTERVIEW WITH OTEGBULU MICHAEL DOZIE (OTB) A CURRENT UNSBA PRESIDENTIAL CANDIDATE

Interviewer:  What is your name sir?

OTB:   My name is Otegbulu Michael Dozie popularly known as OTB, an erudite active member of the bar. I am currently forty years standing at the bar.

Interviewer: What inspired you to this dream of becoming the bar president?

OTB : I have always aspired to practice after leaving law school . This has spurred me to engage actively in mooting competitions, bar activities and legal debates.
    The particular need for UNSBAITES to acquaint themselves in the dynamics of practice and procedure. The desire came like an inspiration in my second year, second semester when a mock trial was organized by Barr Mrs Ogbuka , our then Legal system lecturer. After a dramatic turn of events had occurred , She questioned and doubted the plausibility of my being in second year and even requested for the class list to that effect.

Interviewer: Do you aspire to win?
OTB: Yes.

Interviewer: What if you lose?

OTB: My motivation is not the need to occupy office and as such I would still work hand in hand with the Government that wins.

Interviewer: On what would you guarantee your success?

OTB : My antecedents would speak for me.

Interviewer: What do you think about the current President’s administration?

OTB: We intend to surpass it. We realize that an academic section is not enough to properly prep any UNSBAITE in the rudiments of Bar advocacy and rules of procedure. With as much effort as is possible we shall try to salvage this.
  I am a believer in “ Bonu Eligerem” which means aiming at the highest good.

Interviewer:  What do you think about your opponent?

OTB:  Idam Ejimifor is a gentle man and a legal pundit well versed in the dictates and rudiments of advocacy and procedure. He is indeed a wordy contender.

Interviewer:  Do you think you are better than your opponent?

OTB:  I believe that I am better. Granted he is good, but in terms of managerial, administrative and legal contexts I am of the strong opinion without sounding boastful I am more experienced.

UNSBA PRESIDENTIAL ASPIRANT IDAM EJIMOFOR DECLARES THAT HIS MANIFESTO IS THE BEST

Interview with Idam Ejimofor

Introduce yourself?

I am Idam Ejimofor, a 400 level law student, Director of Litigation Gret Chambers, former treasurer Gret Chambers; a dedicated and passionate UNSBITE that believes in uplifting the bar.

How do you combine your academics with UNSBA Activities?

I believe that UNSBA Activities is part of my academic curriculum and my academics is not complete without the UNSBA activities, as reading makes a good lawyer drafting a better lawyer and procedure an exact lawyer.
What motivated you to Run for UNSBA President?

Since my first year, I have always been interested and passionate about UNSBA Activities, even during my secondary school days; I was tipped to study law by my classmates and teachers. I believe I am capable if given the position to involve all UNABITES to uplift UNSBA so that students will get to the Apex of the profession and advance the Nigeria legal system.

During the finals of the Mock trails, the sponsor Barr. JMCC Ogbnka commented on the small number of people that were present where; if elected what will you do about this?

Apathy is one of the major problems faced by UNSBA and to give this I intend to create a unique information source and channel, through which we will relate information with the various classes because I believe that the problem is the information gap.
I also intend to create an interactive UNSBA website with online case review whereby people will go and get information so as to inspire belief among UNSBITES and get their interest in UNSBA.

What happens if you lose?

(Laughs)
This is one of the most difficult question you can ask a politician but I believe that politics is not a do or die affair, and that I am going there to advance the popular cause, which is the will of the people, what the people wants, so if the people say “go and rest” I will allow the people to decide and I will go and rest.
In addition I will support those that won, to ensure that the bar is moved forward.

What is it, that you thank, that Guarantee your success?

MY MANIFESTO;  I believe that UNSBITES are reasonable people who will weigh the manifesto of both sides in the imaginary scale and I bELIEVE THAT MY MANIFESTO BEING THE BETTER ONE WILL DELIVER ME.
I believe that being a zealous, keen and interested UNSbite driven by passion and not by money or other pecuniary interest, I will get the mandate of the people.

What is your view of the present UNSBA administration?

Emenike as a person has done well, he has made several innovations like- the first 1st year legal debate, and ensuring the award of prizes in all competitions which increases the spirit of participation. His victories in external competitions also lend credence to the quality of his administration.
That is why I preach continuity and consolidation. We hope to improve on the standard he have set and also consolidate by make move innovations.

What do you think about your opponent OTB?

I believe that we are both members of the bar and I don’t engage in campaign of calumny, I believe that he have played his own part on the bar, he have done the things he needs to do to satisfy his own quest in UNSBA.
Why do you think that UNSBites should choose you over your opponent?
We have different ideologies and visions; I believe that my own ideas and vision will serve UNSBA better than every other.

Considering the Nature of Elections, how do you hope to avoid post-election conflict with your opponent?

This same question was posed to Abraham Lincoln after his election victory and I adopt his answer by saying that my administration will be open for everybody both the winners and losers to coordinate our unique attributes. I believe that conflict results out of a breakdown in communication and a society without open communication is open to conflict, thus, I will ensure that the communication channels are open to avoid conflict.

Thank you very much, Good luck, it have been nice talking to you.
Thank you too.

Tuesday, 9 June 2015

UNSBITE of the week

Introducing -King justice U
A 300level student from Enugu but brought up in Warri.

The Face of UNSBA; A Fashion model-(042 model spec); Movie writer (nollywood); emerging as winner Face of NEC entertainment with over 2,294 like(votes),

Guess what, He is very humble, creative, political, smart and has a personality that does not go unnoticed.

Monday, 8 June 2015

Law a Calling

Usiagu, Kingsley Kenchor.


As a young boy always sitting before the television,
it had always been my dream to be like the man
on wig and gown. The walking step of this man
with his fat brief case and his proficiency in
English Language spiked up my dreams to one day
walk like him and perhaps carry a bigger brief
case.
All these dreams nearly died a persuaded death
the day my mother knew of this dream. She gave
me portions of newspaper to read. Of course these
are portions either showing an assassinated lawyer
or one who died mysteriously. She told me tales
about how lawyers were buried with either their
tongue cut off or the face turned upside down.
She made me believe so many things. She made
me believe lawyers are liars and never a partaker
of Gods Kingdom. I was made to believe that one
must belong to one secret cult or the other to
become a powerful lawyer. I was told horrible tales
of rituals these men engage in.
The worst of it all my father told me not to be
deceived by what I see in television, that these
men are wretched pauper whose glory lies only in
being called a barrister. To lend credence to this
he took me to court and showed me lawyers with
worn out suit. Some of them descending from taxis
and motorcycles carrying files on one hand and on
the other their wig and gown. This was the biggest
blow I must confess. He took me to a residence of
a lawyer and showed me how filthy it was. To
crown it all he told me the man was a mere tenant
who possibly may not be up to date with rent
payment. He told me the only two lawyers my
village ever produced practised law and retired
with practicably nothing.
He told me of better professions, many of which I
could choose from. He took me to the hospital and
made me see the beauty of saving lives and the
money that comes with it. He made me realize I
will never lack customers because people are
bound to get sick. Next he took me to an
automobile coupling firm. He made me understand
I could become not just an automobile coupler but
a manufacturer of one if only I could leave the
dream of becoming a lawyer to read mechanical
engineering. He showed me a diagram of the Niger
Bridge and said to me "you can build and design a
better bridge if only you study civil Engineering".
He took me to the residence of a doctor and an
engineer, they were all beautiful duplexes with
beautiful gardens around them.
Finally he took me home and called me ''son''. His
words I still cannot forget,
"I cannot force you to become that which you do
not wish to become. I can only advice you. I have
shown you all you need to know to make a right
choice. Think about it and make your father
proud".
Very obvious it was, the wanted me to either
pursue a course in medicine or engineering and
certainly not Law. No doubt he felt very bad when
I maintained my ground to pursue this calling of
mine. My mother was more disappointed of the
two.
They both got it all wrong. They failed to realise
there are hungry doctors and engineers too and
that there are well to do lawyers also. They failed
to realise that Law is my calling. It seems they
forgot that aside belonging to secret societies that
one can also be an inner member of the christian
confraternity. They seemed to forget all they
taught me in at childhood not to be driven by
money and that good name is better than riches.
Or may be they think I have forgotten those early
morning devotions they implored us to practise
with an upright hand in whatever profession we
find ourselves. May be they thought the law
profession will swallow all those morals up. They
failed to show me lawyers who practised, lived
long, retired comfortably and maintained the faith.
Most of all our priest whom he describes as a man
after Gods own heart read law too. They simply
just got it all wrong.
This is a path I have chosen, this is a path I will
see the beauty of the end.

#Fiction
Photo- Tunde Okewale

UNSBA DECIDES 2015: WHO SUCCEEDS OMEYE EMENIKE?

The UNSBA elections is around the corner and as usual the contestants are engaged in a fierce battle of supremacy, as each contestant tries to undo the other with tours to classes and rooms, smiles and handshakes, promises and plans on how to move UNSBA forward.
Unlike the previous times when we were almost buried in controversy, this year's contest is a bit quiet as the contestants have been focused on the campaigns. They really understand that UNSBA is not political.

THE CONTESTANTS:
1. Idam Ejimofor: With a baby face and quiet disposition, Ejimofor is the current director of litigation in Gret Chambers. He has been instrumental to the success of his chambers this session as he was part of the team that took the second position in the just concluded JMCC OGBUKA MOCK trials, his presence was also felt during the Hon. Justice Auwal Ibrahim Moot Court Competition where he tutored the new wigs. They in fact clinched the second position incidentally beating his opponent's chamber 'Magna' on both occasions. Whether he will be given the mandate to use his Midas touch in UNSBA is yet to be seen.


2. Otegbulu Micheal Chigozie (OTB): OTB can aptly be described as the Face of Student Practice in UNSBA having played his part at all levels, both internally and externally, garnering various accolades along the way. This black guy with a charming smile is the current director of litigation in Magna chambers. Also in the just concluded JMCC OGBUKA MOCK trials, he led his chamber to clinch the third position

OTB has been the favorite but Ejimofor is no walk over as some are anticipating a huge contest. Whatever is the result, the winner will inherit a tremendous responsibility of filling Emenike's shoes and surpassing his achievements. As UNSBITES we are expecting more; Emenike has done well but we are hungry for more.

The Law and the Bible: Who is my Neighbour?

By Usiagu Kingsley Kenchor

The question 'who is my neighbour' goes beyond
the man living next to you in the same compound
or the man living in the compound next to yours.
The term 'neighbour' has attracted explanations
both from the court and the law.
In the bible Jesus said unto a lawyer,'what is
written in the law?'. The young lawyer answered,
'thou shalt love the lord thy God...and thy
neighbour as you love thyself (Luke 10:26-27).
A business man may have just nodded to this and
left, just like we do after sunday preaching. A
doctor may have done the same, as well as an
engineer but the lawyer here certainly did not. In
order to justify himself he asked, "Who is my
neighbour?".
A simple question it appears but this very question
led Jesus into the world of narration and has
exercised the mind of lawyers even after that.
In replying to the question, Jesus told the story of
a man travelling from Jerusalem to Jericho who fell
among thieves, was stripped, wounded and left half
dead. In this very street where he lay half dead, a
certain priest passed by him without proffering any
help. A levite ( a person from the priestly tribe of
Levi) passed by and did same. Then came a
Samaritan (the Samaritans and the Jews do not
associate), unlike the priest and levite went to him,
bound up his wound, set him on his beast and
took him to an inn. The next day as he departed,
he gave the host two pence and promised to pay
whatever expenses his further treatment may
incure (Luk 10:30-35).
On completion of the story, Jesus displayed the
'Nigerian man attitude' of answering a question
with a question. He asked the lawyer "which one of
the three do you think is a neighbour to the man?.
He replied,"The man who showed him mercy. To
this reply Jesus approved, commanding him to go
and do same.
A nice narration it is and a beautiful answer. It
clearly portrays the neighbour as one who shows love to another irrespective of tribe or religion. By
picking the Samaritan as the neighbour, then what
are the priest, levite and thieves to the man? What
then happens to the thieves since he has to live
with them in the same society, and from the
narration cannot be deemed to be a neighbour?
The love of the neighbour (Samaritan) came after
he has been hurt, how then do we keep these ones
from injuring him at all?
Possibly these were the thoughts that remained in
the mind of the lawyer and has led to legislative
and judicial measures to define the term
'neighbour'.
Lord Atkins in the celebrated case of Donoghue v
stevenson firmly stamped the position of the law
by giving a reply to the question 'who then is my
neighbour?'. The answer he proffered are 'persons
who are so closely and directly affected by my acts
that I ought reasonably to have them in
contemplation as being so affected when am
directing my mind to the acts or omissions which
are called in question.
This neighbourhood principle of his, has been
incorporated into section 218 of Torts Law of
Enugu State as well as almost all States Torts Law
in Nigeria in practically the same wordings.
Clearly it can be seen that the position of the law
in this regard is that all persons who are
proximately and directly affected by your acts and
omissions are your neighbours not just those who
are in need of help.
The bible does not exclude the robbers, priests and
levites as neighbours but only tries to show the
right attitude to be displayed by a neighbour
which is love.
Marrying the provisions of the law and the bible it
thus follows that loving your neighbour as you
love yourself means avoiding acts/omissions
harmful to others; as well as coming to the aid of
those in need.
The wounded traveller is a neighbour to the
robbers. But the robbers failed to display the right
attitude towards them since they were reasonably
expected to know that such act will negatively
affect them. The law does not force one to be of
help to those in need; neither is a man liable for not turning his home into a place of rest
for travellers. Here the love principle comes into
play. The priests and levites are not by law
compelled to help but this principle places them in
a good position to help the wounded traveller.
Of course neighbours will keep being injured since
there will always exist deviants in the society not
minding the provisions of the law (deviants like the
robbers).in this situation whe have a duty to show
love to such injured ones. The court does the job
of a good Samaritan very well, always helping such
injured ones recover from their injuries by placing
them in a position they would have been had such
act or omission not occurred.
The bible and the law has always been friends.
They have always loved each other. Extend that
same love to your neighbour.

Sunday, 7 June 2015

     UNSBA  INSPIRES



 " What is, is. What was, was. What will be however is left to us. It is from understanding these crucial things that we derive the strength to carry on".

IJE: AN EXPECTED JOURNEY(2) BY UCHE OSITA JAMES

In the days when pa adigwe was still a boy, I enjoyed the
moonlight games with my rascal younger brother who was too clever for
his age. We spent time scheming on how we could pilfer Mama Ugonna's
yams to roast when Mama was not looking. We killed lizards and carried
their carcass home, worthy prizes for all the hard work of running
after them and good crunch snacks they made. The funny thing was that
we seldom tired of our many games. Boy hood was indeed intoxicating,
memorable and full of fun. We were never tired. We laughed, cried and
fought as easily. All our emotions were as vibrant and flared; there
was seldom distinction in their expressions. For what seemed a
lifetime I reveled in this bliss until age inevitably took its toll.
The notorious adage that proclaims that Obi now had chest hairs and as
such was a boy no longer could not have had more meaning. Our eyes
turned to more pressing matters like the special differences between
ourselves and our female counterparts, very interesting differences.
In fact it was not entirely news in those day s to hear that one of my
play mates was caught together with his female counterparts getting to
know those differences better with wide excitement sweeping through
each one of us and then a struggle to beat curiosity at its own game
of teasing and teasing an already interested mind.
Chidinma Used to be my interest in those days. She had a small smile
that could melt my little heart too water and of course she wasn't
thrifty with her curiosity during our discovery sessions. We liked to
be near the stream when such sessions were ongoing; it made it all the
more worthwhile. The good old days. I remember having made effort to
please her. I remember brawling with Enekwenchi against the manly code
because he had broke her water pot out of envy. I would later be
tagged weak for that incident and this memory lingers still with its
vivid audacity encroaching on my minds peace. The indulgence of our
childhood included the hurried sips of palm wine from the masters ,
those so skilled in their art the gods might as well have come aground
and demanded for their libation first hand for in such matters the
village chief priest Ezemmuo who himself knew good wine from bad
couldn't be trusted. At first it was the occasional customary sips we
got from our fathers whom we had managed to tickle their sense of
pride despite all our troublesome tendencies. Then the boys were
beginning to thirst for more of the miraculous substance, more
adventures customarily followed. First we attempted to entice Esomchi
the legendary tapper who seemed to always be a bit light headed, this
was hardly surprising considering that our people would have deemed
his product impotent if it had no effect on him. It was sort of a
plus, a market statement to all and sundry" My wine is very GOOD" it
screamed through his constant state. We saved a fortune and tried to
pay him into submission, his better senses despite his state reminded
him that it was NSO-ANI, so he vehemently rebuked us and said a firm
no. Dike the wiser amongst us remarked smartly that it could only
become NSO-ANI if our people were informed; he suggested that the
transaction was not to be revealed to the public. At that he
threatened to involve our parents and we backed away solemn at having
lost an opportunity. I had a plan in mind as we walked away from our
chance at adventurous satisfaction and puerile joy. I didn't hesitate
to intimate my friends . They were well gladdened with the hope it
gave, and we planned to begin execution the next day. With that we
parted our separate ways, for some home called, for others their
female companions. It was going to be fun, I could feel it. I couldn't
wait for the next day.

LOVE GARDEN

Name: Unique Etim.

#THE BEST WAYS TO ATTRACT MEN.

Well, currently UNN has been handed two weeks break by the administration to calm troubled waters. At least we have a short time to think out of our discipline box. I don't know how over flogged or cliche this topic appears, but trust me even if you are a prof. Of Love, you sure gonna get soaked in this article.
It looks as if its only for the ladies, but you see, a smart guy can't afford to ignore this, so you can read your ladies actions.
Trust me any lady that peruses this article will see even the UNSBA or LAWSA President dancing to her romantic drums.

For a woman it can be very hard to date.
Especially in this modern era where guys have so
much access to women via Skype, Facebook, Twitter and
other sources. As a dating consultant for both
men and women, I've heard both sides of the story.
My tips are meant to help you take control of your dating life and empower yourself as a woman.

1) BE PLAYFUL:
Guys love girls that they can joke around with. Most guys want girls who don't take themselves too seriously because this makes guys more comfortable. Start giving guys a few playful
punches to the arm, a tussling of the hair, a poke
in the waist, etc. Knowing how to playfully flirt and how to use a sarcastic tone well is very key in developing a fun personality that will cause guys to feel attraction for you. If you can take a
playful insult and maybe deliver a few playful
insults of your own, you'll be well on your way to
magnetize men.
The problem is that most women aren't willing to
take chances in this department. They're too
"lady-like" and "polite." Forget about all that.
Men love a woman who knows how to exude a
playful vibe. You know how humor is the way to
a woman's heart? Well it's the same for men.

2) SMELL GOOD:
Your breath and your perfume are absolutely
crucial. Bad breath on girls is probably one of the
biggest things that can completely turn off a man
and I've had a lot of prior experience. Body odour
is just as bad. Although it sounds cliched that I'm
telling you to keep your breath fresh and your
perfume handy, this is actually a very important
aspect of your hygiene that you need to MAKE
ABSOLUTELY SURE YOU CONTROL. I once met a
really cute girl in front of Ibiam hostel at UNEC, she was an ideal lady viewing her a distance away, but once I smelled her absolutely RANCID breath I just cringed and got out of that
situation.
You have a purse, so use it! Keep breath mints and gum handy, and furthermore always brush your teeth and tongue very well anytime you're about to meet a guy.

3) BE FEISTY:
Feisty girls are girls that don't let guys take control of them. Guys love what they can't have easily, and having a little bit of feisty attitude helps. Of course you've got to gauge the guy,
because there are some guys who absolutely hate
feistiness. Most of these guys have some kind of
issues with self-esteem or control, and thus,
probably not worth your time. Do not let him have what he wants ALL the time; instead show him that you are going to make some choices.
However, DO NOT be domineering or try to be the boss (unless your guy is into that). Men need a certain level of control and they need to validate themselves as manly men. So to emasculate him would not be a good way to make him think
you're a keeper.

4) LOOK GOOD:
Guys are very unlike girls. A majority of our
attraction comes from how a girl looks. Some of
you may be thinking, "But what if I don't already
look good?"
There's hope for you ladies. Unlike guys, you have
makeup and clothes that help A LOT. I've seen
time and time again that makeup can completely
reinvent a person's look. Invest a little money and
time on learning how to dress well + plus look
good. Get that gym membership and start dieting
if you're not happy with your body. Essentially
what I'm asking you to do is become the best
you that you can be. Even if you weren't born a
super model, you can still improve your
appearance a lot.
Especially in this modern "Instagram" era, a nice
butt can make a guy go crazy. I know plenty of
my guy friends that will assign higher value to a
girl that has an amazing ass. Keep that in mind.

5) TEACH / SHOW HIM SOMETHING:
It is very attractive if a girl can teach something
well, especially if it's something that may interest
us. For example, if you can teach a musical
instrument, an art (like painting or photography),
or a sport (think female-oriented sports like tennis
and volleyball). This also allows for you two to
have a new mutual interest and mutual activity. If
you don't have anything that you could teach, you
also should think about evaluating your life. Do
you have a well-balanced life full of interesting
things or are you boring and one-dimensional?
When I date a girl that can open up my horizons
that is very attractive. If you're the type of girl
that doesn't have many interests or hobbies, then
you need to start expanding your world. Ask
yourself, "What are my interests?" and "Do I have
any interesting hobbies?" The more of these
activities that you have the more you'll be able to teach.

6) BE INTERESTING:
Men can't be expected to always keep a
conversation going, so you're going to have to
spur the conversation. Have a few interesting
topics to talk about. This also goes back into
where I told you to expand your horizons. When a
woman can be incredibly interesting, men will be
attracted despite what the woman looks like.
Being interesting also includes your lifestyle.
Having more interests and being a well-rounded
person will help you to be more interesting and
therefore help you to attract men.
It's also very attractive when the girl I'm talking
to loves a few "guy" things, such as sports or
video games. If you can hold your own in those
activities you will attract tons more men.

7) PLAY A LITTLE HARD TO GET:
As mentioned prior, men love what they can't
have. So when you display to him that you have
several options, then this really makes him want
you. This is akin to playing hard-to-get, however,
you do need to show interest because many men
will move on if they don't feel like they've planted
a seed of interest in you. This means flirt with
him, but also let him know that you have other
men in your life that can easily sweep you away if
he doesn't act.

8) DON'T CONGREGATE IN CROWDS:
This tip is mostly for the ladies that like to go
clubbing a lot to find men. If you want to be
approachable, don't go with too many other
women. Being with 3 girls or with some guy-
friends makes it very nerve-racking for guys to
approach. Guys love to approach 2-women
groups and single people especially. If you do go with a
few friends, make sure you have time to separate
yourself and maybe go chill by the bar for a little
bit. Or just sit down somewhere by yourself or
with 1 girlfriend for a little bit.

9) INITIATE:
Don't be afraid to make a move on guys.
Although I usually don't recommend it, there are
some guys out there that are shy and need a
pretty big sign before they start making the move.
The best way to let a guy know that you are interested is to ASK HIM if he wants to hang out. You don't need to make it
a big deal or call it a date. Just ask him if he
wants to go get some lunch or a coffee and get
to know him. Men believe that it is very
"refreshing" when women ask them out. However,
if you really can't initiate it, or are too shy, you
should give him an opportunity to ask you out.
For example, telling him that you are really bored
or telling him you can't wait to see a certain
movie.

10) BE BUBBLY:
Laughing a lot, making cute expressions, and
being the life of the party are surefire ways to get
noticed by guys. Being bubbly also helps present
your personality as a warm, friendly, very nice
person, which is extremely attractive. You
probably know a few girlfriends that are the
definition of "bubbly."
It's also been shown that heightening the pitch of
your voice is more attractive subconsciously to
men. Other girls may call you "annoying" or "fake"
when you do this, but don't worry about the
haters. Many women even subconsciously will
heighten their pitch without knowing it, as it
definitely makes them appear more bubbly.
A cute smile really goes a long way. That's why
girls like INI Edo, Omotola, etc. are so well received by men.
Just look at that sexy smile.
Think of it this way. You're the girl who is always
happy and always wants to make other people
feel good. You are very social, talkative, sweet
people that just immensely brighten up people's
days. Be that girl and you will find yourself with a
lot of options in the man department.

Wow... You read all that? Mheeen, u can go exude what u grabbed, Good luck!!!

Saturday, 6 June 2015

THE NIGERIA WE THINK WE KNOW; THE FUEL KILLER NATION

I hope not to mean what I say; Nigeria is in trouble. We virtually have no value for the sanctity of life. More than 50 deaths in Onitsha and more than 20 in 9th mile corner, Enugu due to fuel tankers and nobody is raising dust. We are just seated and waiting for the next death toll followed by a litany of eeya's!

Wait a minute I thought last week's scarcity, taught us clearly that fuel has become a basic necessity of life. Hmm, if it's availability would mean that we would consistently bury our loved ones, abeg let the scarcity continue!

But come oh, hope this is not the promised change. First week in office, new form of death, graver than boko haram . Hah Nigerians, hope our eyes are open oh!

The worst would be when Nigeria starts struggling with Ghana for the winner of the fuel killer nation 2015, with more than 150 thousand deaths a day.

Something needs to be done, a positive change. At Abuja, haulage vehicles ply the road only at night to avoid the risk associated with such vehicles. That has helped check fuel tanker related deaths in Abuja. Why can't that be implemented in Anambra, Enugu, Borno, Ibadan, Ogun and so on. Are Abuja residents more equal than other citizens in the country. Running from boko haram in the north is no longer an option because you might be burnt by a crashed fuel tanker on your way to the East or West. Are we cursed against Safety?

The problem is that we love imitating the whites but in things worth nothing; shoes, bags and so on. What is wrong in imitating them in things that matter like protecting the sanctity of life?

BY CHRISTOPHER MERCY

Corroboration of the oral testimony of a child.

Ezeh Matthew O.


Corroborative evidence is the additional, independent and conforming
evidence required in certain cases either by law or practice in order
to render composite evidence reliable and acceptable to sustain a
judgment.
For a piece of evidence to be corroborative it must:
be legally admissible;
It must come from a source independent of the evidence which requires
corroboration and
It must not only show that an offence was committed but that it was in
fact committed by the accused.
Ahmed v. Nigerian Army (2011) 1NWLR pt 1227, Olaleye v. State (1970)
7NSCC 250 and Uphar v. State (2003) 6NWLR pt. 925 p. 493.

Generally, no particular number of witnesses is required to prove a
fact-Section 200 Evidence Act 2011(hereinafter the Act) - since a
single piece of evidence is enough to prove a case, the important
thing being the quality of evidence that is given - Ogbodu v. State
(1987) 2NWLR (pt 54) p. 20, Oteki v. AG Bendel (1986) 2NWLR pt 648.

Thus the requirement of corroboration is an exception to this rule and
it can be as a result of a rule of law or practice; while the sections
201, 202, 203, 204, 201, 202, 203, 204 and 197 of the Act provide for
specific areas where corroboration is required, section 209(3) of the
Act provides for the requirement of corroboration in the taking of a
child's unsworn testimony. Generally, a child is a competent witness
unless he does not understand the questions put to him and is
incapable of giving rational answers to them-Section 175 of the Act.
However Section 209(1) of the Act provides that where a child who has
not attained the age of 14 is tendered as a witness, he shall not be
sworn and shall give evidence otherwise than on oath or affirmation,
if in the opinion of the court, he is possessed of sufficient
intelligence to justify the reception of his evidence, and understands
the duty of speaking the truth.
Flowing from this section, a child, for the purpose of taking
evidence is a one under 14, as anyone over 14 can give testimony
through the normal process- S. 209(2) of the Act. Secondly, a person
under 14 cannot be sworn and thus must give unsworn evidence, this
is against what was previously obtained under the old Evidence Act
where the courts were empowered to conduct certain tests to determine
whether a child is competent to give testimony on oath or not - Mbele
v. State (1990) 3 NWLR 11. Thus once a child understands and is
capable of answering questions put to him, then if he is over 14 he
shall be sworn but if he is under 14 and in the opinion of the court
is possessed with sufficient intelligence to justify the reception of
his evidence and understands the duty of speaking the truth then his
evidence shall be received but unsworn.

Where the sworn evidence of a child is given, there is no legal duty
to look for corroboration. It is however a 'desirable practice that
the court should look for evidence in such a situation' - Anebamen v.
State (1972) 4 SC. 35 at 38. Akpan v. State (1967) 6 NSCC 111 Mbele v.
State.

Corroboration is required as a matter of law where an unsworn
testimony of a child is given - S. 209 (3) of the Act and the
corroboration required is 'by some other material evidence'. Thus an
unsworn testimony of a child cannot furnish corroboration for another
unsworn testimony of another child since some other material evidence
means evidence other than evidence admitted by virtue of this section
- DPP v. Hester (1972) AC 296, State v. Awode (1971) 1ULR 378.

However, an unsworn testimony of a child can be corroborated by a
sworn evidence of another child - DPP v. Hester, DPP v. Kilbourne
(1973) 2 WLR 254, Okoyomon v. State (1973) 1 SC 21 and vice versa.

In cases where one piece of evidence requires corroboration for two
reasons e.g where a child is giving evidence of a sexual offences
case, a single corroboration will suffice.

In conclusion, the specification of 14 years as the age that
determines whether a child is sworn or not settles the conflicting
decisions of the courts in Okon v. State (1988) 1 NSCC 156 and Dagoya
v. State (2006) NWLR pt 980 637 as to the age which determines whether
a person is a child or not. It however hoped that further amendments
are made to enable an unsworn evidence of a child to corroborate
another child's unsworn testimony.

Thursday, 4 June 2015

Diary of that Law Female Student

Dear diary,
CONFUSED
So today I have writer's block, but that doesn't mean that I won't confess to you. This week  was one helluva week. Sunday night after service, I was jejely in my room, chilling when I heard the chants. I kept wondering what was happening till it came closer to Ibiam and I heard it clearly. Chae! "We no go gree o". I didn't even know what to do, I just dressed up and got ready to run.
Okay my story is getting boring even to me but the fact be say all of us don comot school. Like seriously, they called it " compulsory mid semester vacation " but since when did lions start going on mid Semester breaks? I just dey wonder.
The important thing is that I'm in a place I have to call home for the next two, three, four, five weeks and my Ibiam week has been cancelled (sad face*). What fate shall befall our innocent cow who did not protest? And now Lawsa week is in the line too.. (Crying*) My roomie has bought shoe and jewelry for dinner oo.. Hehehe.. And girls have been planning their outfits for the week since the last lawsa week... Hahaha...
Astalavista boos!! Make the best of your two,three,four,five weeks..
P.s: I'm sorta happy that this break came now cos I'm resting and feeding well and all my quizzes have been postponed and I can read in peace and prepare for lawsa week.

Ozumba Run contd

These entrepreneurs, true to their definition, saw a need and fulfilled it.

The unlucky ones, however, trekked from their hostels to the gate with
their loads atop their head because the shuttle drivers strictly
adhered to the rule that they should wait for their turn at the school
gate. These students trooped out in their hundreds and an observer
might wonder whether these drivers are of Igbo descent, because it is
generally acknowledged that an Igbo man does not sit and watch money
pass him by. Yet, they waited for turns and when they eventually made
it to Manuwa bus stop, their profiteering tendencies cropped up. All
the while, the transport fare had been 20 naira but they decided to
charge 30 naira, carried more than the required four passengers and
forced students to pay for their luggage. Where was the SUG when all
these was going on? I sighted the SUG Director of Transport at IJ
Airport busy collecting 'agbero' money from the buses there, a worthy
entrepreneur indeed. Make some money before the awaited hour strikes!

When I was finally ready to go and face my demons, I noticed that the
boys' hostels were like the Garrissa Hostels after Al-Shabab. No, I
was not in any of the Garrissa Hotels and yes I saw it on CNN.
However, even die-hards, like Kurga Jude who stayed behind during the
last long vacation, were busy packing. UNEC was a deserted with the
last living souls heading for the gate. Fact is the first law of
demand and supply never failed as keke fares had gone up and students
fought for the few available seats. All of these because the students
cried out when they were let down.

We are home now and I cannot help but wonder how a very noble cause
went south. Indeed, I have been thinking, to the extent of actually
reading the lyrics of school anthem and pledge. ' Great Varsity of
Nigeria' has indeed deviated from the message we aim to pass through
the anthem I used to be proud of. How do we aim to achieve when we
have lost sight of the goal? What is this goal, you may ask? To
restore the dignity of man. With a heavy heart, I hate to say it, but
we have been undignified these past few days.

Ozumba Run


By EZEH MATTHEW O.  and Ezinma Ukairo U.

Everyone hates Mondays and 1st June, 2015 was no different. As law students, our class rep had already posted on class whatsapp that we would be having Evidence by 8 am and all other lectures would follow suit. I hated Mondays; it not only marked the beginning of another week but the end of the weekend-no pun intended. But you see the previous weekend had been eventful; we had rioted. Why did we riot, you ask? Well, my school, University of Nigeria, Enugu Campus had decided we would be having epileptic power supply and it had been going on for a while and we were tired. So Sunday night was the straw that broke the camel's back.

It started with GH boys, the riot I mean; then IJ boys joined and they let loose to voice their views about the way the school had been treating us. For Christ sake, we were not having light during the day and at night they had decided to ration-two hours only. But Sunday night was different, because only a few hostels had the normal two hours and the school got covered in darkness. I pray you not to get it twisted, the light issue had been there much before the fuel scarcity. So we had reason to say "Enough is enough!" It pained us that the school had defied the common doctrine of social contract. So we marched! From hostel to hostel to the gate and back; to the Dean's house and even to the much secluded Presidential hostel. We needed to make our grievances heard. The protest eventually ended and it was "To your tents oh Israel"

The next day came; Monday, the bane of my existence. No lecture held mostly because our lecture hall, Coscharis, wants to give River Niger a run for its money. So, at first it was like a rumour that we would be sent home for two weeks following the protest which had taken place. The uncertainty generated by the rumour fuelled various discussion groups which dotted the landscape from Presidential Hostel to G.H. It was eventually settled as various notices were placed at strategic points to the effect that students had been given a mandatory two weeks mid-semester break and were ordered to vacate the school within 24 hours.

The 'boys' with blood still boiling from the escapades of the previous night were yearning for another much needed showdown. However, this time around, the GH boys were not ready to provide the much needed spark and inspiration and the school had equally involved the police. Same school deemed it unfit for us to equally have any light that night. As such, even our two hours were taken away from us on Monday night i.e. for more than 24 hours, the school treated us like inmates. Thus, the devil, on learning that he had no place in our midst, flew to Nsukka, where, as story has it 5 boys were injured in the resultant protest.

The next morning, Tuesday, 2nd June, 2015, as the deadline drew close, the school management developed an ingenious isolation policy which Yakubu Gowon and Obafemi Awolowo would have been proud of; food, water and other necessaries were all prevented from entering the school. Worse still, the women in charge of photocopying were denied access to the school thus frustrating students who were very desperate to photocopy all 'photocopiables'. Most students were forced to go outside the school to photocopy the relevant materials so as to ensure that they would read during the two weeks. Whether they would read at all is a question of fact.

Then the exodus started, like clips from the movie 'Half of a Yellow Sun'. The lucky ones left early and Ibiam girls formed cooperative societies to charter taxis and boys, on the other hand, tried to see their girlfriends. Even the food sellers whom were locked out without warning wondered with worn faces on how to dispose the food and recoup. The capitalists had already formed cartels to provide transport services at ridiculous prices. As the Igbo proverb goes "obodo adighi nma bu uru ndi nze". These entrepreneurs, true to their defi

Monday, 1 June 2015

UNSBAITE OF THE WEEK

Introducing Essien Aniekpeno Etebom, the UNSBAITE of the week. A 300 level student from Akwa-ibom. A former member of the LAWSA House of Assemble. Guess what, she is sound in academics, smart and well dressed. Did i mention that she has a beautiful smile, good carriage and also bold.
She met the criteria, would you?
Look out for the next UNSBAITE of the week.

Fast Track

By:Ebereuche Faithful-El Chinazor


Good morning and Welcome to Fast Track, a sport programme that would
be on from now hence forth on this blog. I am your host and I'll be
bringing you all the juicy sport stories both in school, on the
national and international scenes.

In the Lawsa league, as most of you may already know, 016 beat 017 3-1
on penalties after a 1-1 regulation time draw on Thursday. On friday,
019 defeated 018 2-1 thus knocking 018 out of the competition. 017 as
the best looses join 106; 019 and 015 in the semi finals. I have no
official word on the semi final pairings, when I do, you'll hear about
it.

On the National scene, Nigeria opened her account at the men's U-20
world cup this morning on a loosing note going down 2-4 to Brazil in
the early hours of today. In the other game in Nigeria's group,
Hungary thrashed North Korea 5-1. In other matches that took place
today, Germany hammered Fiji 8-1, and Uzbekistan narrowly lost 3-4 to
Honduras. Nigeria's next match is on Thursday against North Korea as
Brazil and Hungary meet in the top of the table clash.

On the International scene, Arsenal won the F.A cup with a 4-0
thrashing of Aston Villa on Saturday. Wolfsburg ended Jurgen Klop's
Dortmund career in Defeat as they triumphed 3-1 over BVB in the German
Cup Final. A Lionel Messi double and another goal from Neymar were
enough to hand Barcelona a 3-1 victory over Athletic Bilbao in the
Copa Del Rey Final. Edinson Cavani scored the lone goal as PSG won the
French Cup with a 1-0 win over Auxerre and Iverness Carlidonian
Thistle won the Scottish cup with a narrow 2-1 win over Falkirk.

In preseason games, tommorow Chelsea take on Sydney FC. Sydney earlier
lost 1-0 to both Manchester City and Tottenham over the weekend. On a
final note, the transfer window is open today and I will be keeping
you up to date with all the deals going in as they are confirmed.

That is all for fast track this morning, see you all next time, I
still remain your host Ebereuche FC saying stay yourself and stay out
of trouble, bye for now.