THE NATION TUESDAY, JULY 14, 2015
37
LAW & SOCIETY
Court restrains Heritage Oil, four others
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FEDERAL High Court sitting in Lagos has restrained Heritage Oil and Gas Company Nigeria Limited and four others to maintain status quo ante bellum in a suit brought against them by Casimir Akagbosu, a director of the oil and gas firm. Justice O. E. Abang issued an order of interlocutory injuction while ruling in an exparte motion brought by Akagbosu through his counsel, Peter Achunime. Other defendants/respondents in the suit include Prof. Uche Uko Uche, Esso Exploration and Production Nigeria limited, the Federal Ministry of Petroleum Resources and Department of Petroleum Resources (DPR). The judge issued the order after ensuring that the plaintiff had served served the motion on notice dated May 26, 2015 in respect of suit number FHC/CS/L/778/2015 on the respondents. “Upon service of the motion on notice of the defendants, the principles of lis pendens as enunciated by the Supreme Court in the case of Amechi Vs INEC shall apply to the reliefs sought by the plaintiff in his motion on notice and it will be in the interest of the defendants to maintain status quo ante bellum on all issues raised by the plaintiff in his Motion on Notice pending the hearing and determination of the said application”, the judge held. Akagbosu had sued Prof. Uche Uko Uche, a co-director of Heritage Oil and Gas for alleged attempt to divest him of his shareholding in the company. Addressing a press conference in Lagos, Lawyers Unite Against
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‘He fought for social justice’
By Adebisi Onanuga
Corruption(LUC) led by its lead advocate, Ikechukwu Ikeji alleged that the DPR flouted the order of Justice Okon Abang of a Federal High Court in respect of the divestment of his shareholding in the oil and gas company. Ikeji alleged that DPR asked for and received undertaking from Uche to honour the outcome of the on-going litigation as a condition for conveying approval of the Minister for Petroleum Resources for extension of the exploration period and consent to the assignment of three per cent and 40 per cent participating interest in OPL 247 to Kendal Nigeria Limited. Ikeji alleged attempts to divest Akagbosu of his shareholding in Heritage Oil, owners of Oil Prospecting License, OPL 247, of about 50 per cent via a share purchase agreement Ikeji alleged that without the approval of other directors, Heritage Oil purportedly allocated three per cent shares of the company to Kenda Nigeria Limited, which was reportedly said to be a fake company not registered by the CAC, claiming that there was an attempt to take complete control of OPL 247 and its attendant benefits to the exclusion of Casimir, a founding shareholder with 50 per cent shareholding in Heritage Oil company. A letter from the CAC dated June 16, this year and addressed to the Principal Partner, Okwudili Abanum and company signed by Aisha T. Tijani and titled, “Re: Application for detailed report on the status of registration of Kendal Nigeria Limited stated, “we could not readily find information from our records”.
Law Pavilion partners IBA LEGAL technologies firm, the Law Pavilion, has partnered the International Bar Association (IBA) to boost investment opportunities in Africa. As part of the deal, LawPavilion sponsored a segment of the just-concluded regional (IBA) conference on “Investing in Africa conference - Opportunities for businesses and the lawyers who Counsel Them” in New York, United States. The conference focused primarily on areas of investment in Africa, current businesses/industries enjoying patronage of Foreign Direct Investment (FDI), the challenges that investors encounter when trying to invest in a new clime in Africa, as well as the risks and benefits of investing in Africa. Topics discussed at the Conference include: Africa’s investment trends and how they affect commercial enterprises and their lawyers, recent deals in sectors of rapid growth, including agribusiness, finance, IT, media and entertainment and consumer products/retail recent deals in nature sectors, including oil and gas, mining, telecommunications and power-related infrastructure. Other topics are: “Who is funding Africa’s growth? – funding sources, including private equity, capital markets, foreign and African banks, and multilateral institutions (e.g., African Development Bank, International Finance Corporation), risk mitigation, how law firms can augment their presence in Africa. Nigeria was very well represented with nearly all panels having at least one Nigerian legal practitioner to elucidate on their experiences or know how, thus expounding Nigerian perspectives. The Conference offered participants a unique opportunity to network and meet with legal practitioners from other countries who represent clients with interests or prospects in Africa. Of course, a lot of attention was paid to Nigeria as the biggest economy in Africa. The smooth electoral transition was commended and expectations are high that with the advent of the new Government, there are enhanced pros-
Being the speech delivered by Femi Falana (SAN) at the first memorial lecture in honour of Kunle Fadipe
By John Austin Unachukwu
pects of foreign direct investments flowing in Nigeria. Furthermore, there was a special session on how law firms can augment their presence in Africa. The session revealed a shocking fact that about 80 per cent of the legal services consumed by businesses operating in Africa is carried out by Law Firms in New York, London and other climes. Only 20 per cent of the demand is supplied by African law firms. It is apparent that lawyers and Law firms operating in Africa need to quickly amplify the level and sophistication of their practice by leveraging on technology and advanced knowledge. A vast awareness of the regulatory framework within local economies is also a great gain for the African legal practitioner. One of the products showcased at the Conference was the LawPavilion Solicitors Toolkit (STK). The STK is a first of its kind product from the stables of the LawPavilion brand. The STK is a software targeted significantly at Legal Practitioners who work in commercial/corporate circles. The conference explored and identified challenges associated with tapping into Africa’s growth, including availability of information and tools to unlock Africa’s regulatory doors, and also have a firm grasp of the risks associated with investing and operating in sub-Saharan Africa. Managing Director, Grace Info Tech Limited, Mr Ope Olugasa, said: “The company’s decision to be Headline Sponsor of the IBA Investing in Africa Conference is predicated on the fact that lawyers and the legal community should not be absent at a forum where the profitability of Africa is going to be discussed. “It is high time we joined the conversation and let our voices be heard. Investments must not be only for the benefit of the investor, local communities are entitled to enjoy the benefit of such investments. The best way to do that is to have legal practitioners who understand the intricacies and mind-sets of investors to be able to correctly advise them whilst ensuring maximum benefits to our country,” he added.
•The late Fadipe
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LEXANDER Olakunle Fadipe was born in Ile Ife, Osun State in 1963. He had his elementary and secondary school education at Ile Ife, Osun State. He studied law at the University of Lagos where he graduated in 1987. He also attended the Nigerian Law School and was called to Bar in 1988. Because of his special interest in human rights advocacy he chose to have his pupilage at the Gani Fawehinmi’s chambers. It was a period of anxiety in the country as the head of the chambers was regularly arrested and detained by successive military juntas . In addition to his active legal practice Kunle was involved in law reporting. He rose to become a deputy editor of the Supreme Court of Nigeria Law Report which was then edited by Chief Fawehinmi. Kunle left the Fawehinmi Chambers to head the law firm of T. O. S. Benson & co. He assisted Chief T.O.S Benson (SAN) in reorganising the chambers from 1994-1997. Thereafter, he moved on to establish his own chambers at Ogba in Lagos state in 1997. As a committed civil rights lawyer he rendered pro bono legal services to the poor and the underprivileged in the society. He regularly organised enlightenment programmes on civic education for the oppressed. To ensure my attendance and participation in most of the programmes Kunle consciously fixed dates that suited me. On my own part, I had cause to refer many complaints of police harassment of innocent people and other cases of human rights violations to him. To my delight he attended to such cases promptly and selflessly.
Upon the establishment of the National Human Rights Commission in 1995, Kunle was one of the first set of federal commissioners appointed by the federal government. He served in that capacity from 1996-2000. On account of his commitment to prison reforms the Commission appointed him a special rapporteur on Prisons and Places of Detention. He drew attention to the dehumanising conditions of prison inmates and made a strong case for prison reforms. Notwithstanding the hostility of the environment under a military regime, Kunle and other pioneer commissioners laid a solid foundation for the national human rights commission and defended its autonomy. He gave unalloyed support to the first executive secretary of the commission, Mr. Buhari Bello when he was sacked by President Olusegun Obasanjo for indicting the Federal Government over the dismal human rights record of the country. Until he breathed his last, Kunle was a visiting member of the Editorial Board of the influential Guardian Newspaper. He wrote prolifically on lack of access to Justice in the country. Kunle was in the forefront of the agitation against official impunity in the country. In order to educate and empower the people to defend their rights Kunle regularly published several pamphlets and booklets on fundamental rights and rule of law. Many of his papers on the justice sector were published in learned law journals. His last article titled, “A Justice delivery system so unfriendly”was published by in The Guardian of July 4, 2014. The article which was published posthumously raised poignant issues and advocated for a radical reform of the criminal procedure law and practice. Some of the salient issues have just been addressed in the newly promulgated Administration of Justice Act, 2015. The circumstances of the tragic death of Kunle have once again confirmed that life has become so cheap in the country. About midnight on June 30, 2014 there was no light in the Ogba area of Lagos. But as soon as light was restored Kunle asked his son to go out and switch off the generator. At that juncture, the assassin who had
hidden himself in the compound forcefully gained entry into the house. The assailant injured Kunle’s mother-in-law and his son while trying to locate his target. In defending himself and members of his household Kunle bravely confronted the lone assassin. In the violent encounter that ensued he was stabbed several times which led to the loss of a large quantity of blood. Kunle was rushed to a nearby ill-equipped hospital in the neighbourhood where he gave up the ghost. Having regard to the facts and circumstances of his untimely death, Kunle was a victim of the negligence of the neo-colonial State which is incapable of securing life and property in the society. In other words, if electricity supply had been guaranteed by the government Kunle would not have asked his son to go out of the house to switch off a generator. If the neighborhood had been secured the police would have responded to distress calls and saved Kunle’s life while he needed help. If the hospital where he was rushed to had been well equipped he would have been revived. As he was gasping for breadth that night, Kunle would have thought of his life long struggle to ensure that the fundamental right of all citizens to life was protected by the Nigerian State. Kunle’s death is certainly an irreparable loss to his lovely family and to a society that is in dire need of lawyers of conscience and integrity. Unlike many human rights activists who are contented with defending political and civil rights Kunle believed that without the guarantee of socio-economic rights the majority of the poor and disadvantaged people could not meaningfully enjoy fundamental rights. He therefore did not hesitate to join the campaign for the justiciability of socio-economic rights enshrined in chapter two of the Constitution. Having regard to the leading role of Kunle in the defence and promotion of fundamental rights and the rule of law his untimely death has depleted the rank of human rights lawyers in the country. The greatest tribute that can be paid to Kunle Fadipe is for his comrades and colleagues to intensify the struggle for the creation of a society founded on the rule of law, human rights and social justice.
•From left: Mr. Olugasa, Titilola Ayotunde-Rotifa, Stuart Kerr, Omolade Yusuf and Femi Sangoniran at an event.