The Federal Government had in June 2023 introduced a fee of N1,000 to be paid by all motorists annually for Proof of Ownership certificate verification.

The Lagos State Government commenced the collection of the fee for POC from motorists in July 2023.

However, the Nigerian Bar Association Section on Public Interest and Development Law dragged the Federal Government, the Lagos State Government, and the Joint Tax Board to court to challenge the imposed levy.

The plaintiffs, the Chairman of NBA-SPIDEL, John Aikpokpo-Martins,  the Secretary, Funmi Adeogun, and a member of the Governing Council of the NBA-SPIDEL, Francis Ogunbowale, in the suit marked FHC/ABJ/CS/1285/2023, contended that the defendants commenced the policy without any statutory support directing vehicle owners to pay the mandatory fee.

The plaintiffs are asking the court for “an order restraining the defendants, their agents, servants, and privies from harassing, disturbing, and/or interfering with the rights to freedom of movement of Nigerians using their vehicles in any part of the federation of Nigeria, on the grounds of non-payment and renewal of Proof of Ownership certificates in respect of their vehicles.”

The plaintiffs also asked the court to determine “whether the imposition of annual renewal of Proof of Ownership certificates on vehicle owners by the defendants does not amount to multiple taxations and therefore illegal, because the 1st and 3rd defendants and the various state governments, through their various tax agencies have already issued certificates or evidence of proof of ownership to vehicle owners at the time of registration.”

In a statement on Tuesday, the Publicity Secretary of the NBA-SPIDEL,  Sadiya Saleh,  noted that proceedings commenced on the matter on Monday before Justice Inyang Ekwo of the Federal High Court in Abuja.

At the preliminary hearing, the court confirmed that all the defendants in the matter were served the originating processes and proof of services filed.

While the NBA-SPIDEL was represented by  Godspower Eroga, and Vincent Adodo, the 1st and 2nd defendants were not represented in court.

The organisation also asked the court to compel the NYSC to nullify the certificates given to Musawa and a music promoter, Kenny Ogungbe, alleging that the issuance of the certificate was contrary to the provisions of NYSC Act Cap N84.LFN 2024.

The plaintiffs in the suit marked FCH/ABJ/05/90/2024 are the Chairman, NBA-SPIDEL, John Aikpokpo-Martins, and Secretary, NBA-SPIDEL, Funmi Adeogun.

Musawa, Ogungbe, NYSC, and the Federal Government of Nigeria are the first to fourth defendants, respectively in the suit.

The plaintiffs alleged that the mobilisation of Musawa and Ogungbe for the mandatory one-year national youth service after exceeding 30 years of age was unlawful, illegal, and an affront to patriotism.

They also alleged that Musawa and  Ogungbe’s purported national service and the certificates of service purportedly issued by the NYSC were null and void.

The plaintiffs are seeking a declaration that, “By virtue of the provisions of Sections 2(1), 12(1), and 13(1) of the National Youth Service Corps Act, Cap. N84 LFN 2004, the 1st and 2nd defendants are not entitled to be engaged as employees by any employer of labour or services (including the Federal Government of Nigeria) without first possessing and presenting their certificates of National Youth Service.

“A declaration that the 1st defendant is not entitled to continue to hold the exalted office of Honourable Minister of the Federal Republic of Nigeria or any public office in Nigeria after violently violating with flagrant impunity the provisions of Sections 2(1), 12(1), and 13(1) of the National Youth Service Corps Act, Cap. N84, LFN 2004.”

The Human Rights Writers Association of Nigeria had accused Musawa in August 2023 of serving as a minister while undertaking the one-year mandatory National Youth Service Corps scheme.

Similarly, in October 2023, there was a stir on social media when Ogungbe shared a photo of himself in the NYSC uniform, announcing that he had finished NYSC at the age of 53.

Adewumi, who said the present situation whereby the Executive had the authority to appoint judges and magistrates had given it the power to stifle and control the judiciary with impunity, said the trend must change to strengthen democracy and judicature.

The NBA chairman, who spoke at a press conference to flag off the branch’s 2022 Law Week with the theme, ‘Judicial independence, a recipe for true democracy in Nigeria’, said, “[The] Judiciary will never be functional and independent as long as the executive ratifies their appointments and release funds for their operations.

“We have heard from chief judges of states saying that the allocation they got from governments could not pay the salaries of judges, let alone putting up infrastructures. Why should we have an environment like that? We will continue to have problems with this situation.

Judiciary should be allowed to be financially independent. Why should Judiciary run to the Executive if they want to buy an ordinary key? We are saying this must stop. If you see the vehicles being used by some of our Judges, you will pity them. We are saying that it is high time we allowed the judiciary to be truly independent,” he said.

Adewumi, who said that allowing the judicial arm to continue to be at the mercy of the executive would ruin the country’s democracy and derail the development focus, added that non-separation of the judiciary from the executive and legislature “is capable of leading to any form of injustice, abuse, miscarriage of justice, judicial insensitivity or other court-related vices”.

He said, “In a country such as Nigeria which is at present characterised by political and economic underdevelopment, it is generally considered constitutionally desirable that a viable contrivance such as the institutional separation of the judiciary from the other arms of government is a necessary bulwark against all forms of tyranny, administrative victimisation, and oppression.

In other words, the freedom of judicature from any influence exerted by the legislature or executive or even from the judiciary itself is a valid condition sine qua non for the establishment of a durable political order based on the rule of law and constitutionalism.

“Judicial independence means that judges and magistrates must be free to exercise their judicial powers without fear, favour and interference from litigants, state, which doubles as its appointing authority, media or other powerful individuals or institutions, including multinational and high net worth companies.

“For the Judiciary to be truly independent, it is considered that Judges must be free to discharge their responsibilities not minding whose ox is gored or pandering to the sentimental dictates of their statutory appointors, as judges are appointed by the executive subject to recommendation by National Judicial Council,” he said.

As part of the branch’s contribution to the quest for genuine independence, Adewumi said, “We can, during this conference, send a memo to the National Assembly to rework our constitution to give the NJC more powers in the appointment of our judges.”

The Bar expressed its commendation in a statement signed respectively by its Chairman and Secretary, Messrs Pius Oiwoh and Andrew Lawani.

It extended its commendation to lawyers who provided free legal services to victims, adding that the Bar was delighted to stand by the unrivalled finding of facts determined by the panel.

Lagos State Judicial Panel on #EndSARS submitted its report to the Lagos State Government on November 15.

The panel was inaugurated on October 19, 2020, to look into citizens’ complaints of rights abuses by operatives of the Police Special Anti-Robbery Squad.

The panel, led by Justice Doris Okuwobi, sat for more than one year, listening to testimonies of petitioners, witnesses, experts, and lawyers.

The NBA in its statement on Wednesday described the report of the panel as a job well done.

The statement partly read, “The NBA Benin Bar welcomes the report of the Lagos State Judicial Panel of Inquiry on restitution for victims of SARS-related abuses and other matters. We salute the retired Justice Doris Okuwobi-led panel for the courage, activism and doggedness which is displayed in coming up with an all-encompassing report. Members of the panel have written their names in gold. We also extend special commendation to our colleagues who appeared for many of the victims and many of them did this on pro-bono terms; they have displayed the finest traditions for which the Bar is known. The Lagos panel has made far-reaching findings and recommendations which enjoy wide acceptance. We hope the panel set up by the Governor of Lagos State will come up with a Whitepaper speedily so as to give effect to the recommendations of the panel. We hope also that the content of the Lagos report would serve as a lesson to all.”

The Bar also advised other states who had set up such panels to make their reports public to engender public confidence.

Recall that the CCT Chairman was seen in a viral video assaulting a security guard at Banex Plaza in Wuse, Abuja. This generated an outcry on social media.

The NBA in a statement released by its spokesman Dr Rapulu Nduka on Thursday, April 1, said it will carry out an investigation to determine whether Umar’s conduct was unbecoming of a member of the legal profession.

The statement read “The attention of the Nigerian Bar Association (NBA) has been drawn to the video making the rounds where the Chairman of the Code of Conduct Tribunal (CCT) – Danladi Yakubu Umar Esq., was seen, together with his security detail, allegedly assaulting a citizen at Banex Plaza, in Wuse Abuja.  We understand that this citizen turned out to be a 22-year-old employee of Jul Reliable Guards Services Ltd, posted as a security guard to the Plaza and who is now reportedly hospitalised. The NBA has also read the statement credited to the Head, Press and Public Relations of the CCT in response to the actions of Mr Umar. The NBA frowns at any display of naked power by a public officer especially one who, by virtue of his high office, is expected to exhibit a high standard of conduct.”

Akpata who admitted that there are people who are “irresponsible” in their usage of social media, however, stated that the timing is wrong in an interview on Channels Television’s “Sunday Politics”.

He said “I struggle with the terms that we bandy around. As I said, I think the social media space is regulated already.  Are we saying regulate or shutdown? What are we saying because we hear them using regulate? We hear the minister of Information use the word ‘sanitize.’ I just say to myself, ‘what are we trying to do?’ The timing is suspicious. And if we need to tweak the laws here and there, as we amend our laws every day to meet with issues that may come up that were not previously contemplated, we are all well and good.  But it is not throwing out the baby and the bathwater approach like I suspect that is in contemplation by those who are handling the levers of power today. That is not going to work.”

The Speaker, Femi Gbajabiamila, at the plenary on Wednesday, spoke on the illegal activities of the Special Anti-Robbery Squad of the Police and the abuse of human rights by its operatives.

Gbajabiamila stated that it was now time for the parliament to step in, proposing the amendment of laws that prevent interference in the affairs of the police and check the excesses of its personnel.

The Majority Leader, Alhassan Ado-Doguwa, later moved a motion of urgent national importance, on the human rights abuses by SARS operatives.

The branch chairman, Isaac Ogbah, who led the peaceful protest said all roads in the state were impassable, causing hardship for them and residents of the state, Daily Post reports.

“There is no good road in Ogun State. All the roads have failed. The lawyers and judges don’t get to courts on time due to the condition of these roads. The residents too are suffering.

“We are giving the Federal Government 14 days to make a specific statement on these roads. After 14 days, if we don’t hear from them, we shall move to the next phase.”

Recall that Gov Dapo Abiodun of Ogun and his Lagos State counterpart had written to the Federal Government, asking it to hand over three of its roads to them for repairs and tolling.

Meanwhile, Abiodun said the Presidency was intending to partner with his government and Lagos State government in repairing the roads, instead of transferring them to Ogun and Lagos States.