Crime/Justice
Conflicting Decisions Of Court Of Appeal On Stamp & Seal
Whether where there is an NBA seal on a Court process, the name of counsel whose name is in the seal as the signatory on the document/process must be ticked; effect of failure
“The said Amended Statement of Claim as it were, has the names of four counsel listed thereon with one signature appended on the right-hand side of the first-two names to wit: J. B. Ifer, Esq. and V. S. Asen, Esq. In the very recent decision of this Court inMaina vs. EFCC (2020) 2 NWLR Pt. 1708, pg. 230 at 251-252, it was no doubt held per Abundaga, J.C.A., that: “Where a Court process has affixed to it, the seal of the Legal Practitioner who prepared it in line with Rule 10(1) of the Rules of Professional Conduct for Legal Practitioners 2007, it is otiose to tick the name of the counsel whose name is in the seal as the signatory on the document or process.”
Consequent upon the foregoing and on a careful perusal of the seal and stamp affixed on the appellant’s Motion upon which the Amended Statement of Claim was brought in as a process of the Court, it is clear that the said Stamp bears the name of “Ian Solomon” who in turn is listed as the 3rd counsel in the line-up of counsel on the said process. The impression thereby created is that “Ian Solomon” prepared the Amended Statement of Claim. Be that as it may, this position to my mind, would still not obliterate or dispense with the need to tick or tie the signature to the particular counsel who prepared the process, and as enunciated in the earlier decision of Oyama vs. Agibe (2015) LPELR-40600(CA). The need to tick or tie the signature or contraption remains indispensable, given the fact that most law firms operate in partnership of more than one counsel. In such circumstances of multiple partners or counsel as has played out in the instant case, the processes filed in Court by such firms cannot have the Seal and Stamp of each of those counsel in the firm. Rather, the process can only accommodate one NBA Seal and Stamp which invariably may not belong to the very counsel that prepared the said process. For a firm with only one counsel, the need to tick or tie signature to name of the counsel may not arise.
However, in the case of multiple counsel in the firm, the need of specificity of the counsel who prepared such process, cannot be overemphasized. To this end, the needed identification will be met by way of ticking the name of the particular counsel that prepared the process. Furthermore, and in order to authenticate the process, the signature or contraption as it were of the said counsel must be appended on the process, in such a manner that the Court will not be left in doubt as to the owner of the signature. In order to achieve this clarity and avoid confusion, the signature of the particular counsel shall be linked to its owner.
This mode of linkage has always been achieved by the age-long practice of ticking. As it is in the instant case, the Court is still left to speculate as to who, between J. B. IFER, ESQ., V. S. ASEN, ESQ., and SOLOMON IAN, ESQ., specifically prepared and filed the process in Court, since the particular owner of the signature is not identifiable. Notwithstanding the Seal and Stamp affixed thereon, the process could have been signed by any of the first-two counsel, beside whom the signature is appended. What I have tried to say so far is that, the affixing of NBA Seal and Stamp alone, without proper identification of the particular counsel out of multiple counsel in a firm, who prepared and filed a process in Court, still leaves the Court to speculate. For proper identification therefore, and without prejudice to the affixing of the NBA Seal and Stamp, the counsel’s name ought to be ticked also.
Besides that, the apex Court in a plethora of authorities which include SLB. Consortium vs. NNPC (2014) 3-4 MJ.S.C., 145 at 146 – 151, Ratio 1 thereof, made it clear that all processes filed in Court are to be signed as follows: “First, the signature of counsel which may be any contraption. Secondly, the name of counsel clearly written. Thirdly, who counsel represents. Fourthly, name and address of legal firm …” See further the authorities ofCitibank (Nig.) Ltd. vs. Titan Energy Ltd. (2018) LPELR-4464(CA); Nweke vs. FRN. (2018) LPELR-460033(CA); Daniel vs. INEC.&Ors. (2015) LPELR-24566(SC); Ewukoya vs. TajudeenBuari (2016) LPELR-40492(CA) at 9 – 12 (D-B); Bank of Industries Ltd. vs. Awojugbagbe Light Industries Ltd. (2018) LPELR-43812(SC); Min. of Works & Transport, Adamawa State vs. Yakubu (2013) All FWLR (Pt. 694) 23, 27-28; and Bello vs. Adamu (2013) All FWLR (Pt. 671) 1582, 1881, Ratio 1. It follows from the foregoing that either way, be it an originating process such as a Writ of Summons or any other process such as the Statement of Claim, once it is a process meant for use in Court, it is desirable that the signature of the specific Legal Practitioner who prepared same or that of the Claimant as the case may be, is appended thereon in order for such a process to attract validity.
While a document devoid of the maker’s signature would be rendered invalid and of no consequence, a process like the Amended Statement of Claim which has an unidentifiable signature appended thereon, can only be said to be irregular. This is to say that, the Amended Statement of Claim such as the one in the instant case wherein three counsel, as already enumerated above are contending for one signature or contraption, cannot but be deemed to be irregular and voidable as opposed to being void. ?
Furthermore, a Statement of Claim, unlike a Writ of Summons and a Notice of Appeal, is not an Originating Process for which its defect will go to the root of the matter. Reliance is placed on the recent case ofHeritage Bank Ltd. vs. Bentworth Fin. (Nig.) Limited (2018) 9 NWLR Pt. 1625, page 420 at 434, paras. B – C, wherein our noble Eko, J.S.C., brought home the fact that: “Whether an irregularity renders a process void and not voidable depends on the type of irregularity. An irregularity affecting an originating process is a fundamental irregularity that goes to the roots.
The Statement of Claim is not an originating proces …” (Underlining mine for emphasis). Given the foregoing pronouncement in gold of the Supreme Court, it follows that the appellant’s Amended Statement of Claim which sole defect touches on who, out of four listed counsel signed same, ought not be viewed as a fundamental defect and so capable of rendering same void. There is a signature on the process no doubt, just that the Court cannot pin-point the particular counsel out of the four that signed same.
Aside from the confusion of who out of the four counsel signed the process, there is nothing on record to suggest that any of them is not a legal practitioner as envisaged by Sections 2(1) and 4 of the Legal Practitioners Act, 1975. In other words, any of the four listed counsel is qualified to sign the process and indeed the same was signed by one of them. It is worthy of note that the accepted or adopted practice, is for the signature to sit on top of the name of the signatory and in the case of multiple or listed number of counsel as is obtainable in firms of legal practitioners, the ticking of the name of the particular signatory.” Per CORDELIA IFEOMA JOMBO-OFO, JCA (Pp 9 – 15 Paras B – C)
Anyanwu Wrote from Enugu State
By: King Onunwor with Reports from C.K. Anyanwu Esq.
Children are highly desired and parenthood is culturally significant in Africa. In Nigeria, infertility is a socially unacceptable condition, making victims embark on relentless quest for conception. In Vitro Fertilisation (IVF) is the only alternative but same is expensive.
Admittedly, this has contributed to the advent of illegal baby factories in Nigeria and consequently constitutes an emerging trend of human trafficking.
What is baby factory? This implies to a practice in which young pregnant and unmarried girls are given shelter by a proprietor i.e Oga or Madam of the home until they are delivered of their pregnancies and give up the new born for sale.
This illegal centres and homes are most times camouflaged as “maternity homes, orphanages, social welfare homes, and clinics and are operated by well organised groups”.
As an emerging phenomena in developing countries of the world, it is also prevalent in Nigeria particularly in States such as Abia, Imo, Enugu, Edo, Rivers and Lagos.
It is important as well as my concern to note that children have rights and these rights must be protected. This evil scourge of baby factory is an illegal business involving getting pregnant young girls and women without sanity who either are willing or not to give up their babies for financial gain and benefits without having any contacts with the buyer or ever seeing their baby again.
This category of persons are introduced into this business forcefully, by deceit of evaporated love and care or under the guise that the baby factories are clinics or homes where they can pay less or deliver freely with some promise of jobs, safe abortion or money after delivery.
The owners of the factory and their syndicate insist that babies be put up for adoption by childless couples in the most fortunate scenario, else supply the babies to politicians for their rituals, illegal adoption and human trafficking. Pathetic right?
It is my argument that children born into baby factories are denied various civil and fundamental rights alongside their mothers because of their vulnerability. Some of the rights these children are denied include birth registration.
Nigeria is a signatory to many international and regional instruments targeted at eliminating child trafficking, protecting children and also the promotion of their rights which include, the United Nations Convention on the Rights of the Child (1989) and the Optional Protocol to the Convention on the sale of Children.
Section 12 of the Constitution of the Federal Republic of Nigeria (as amended) stipulates the guidelines for applicability of this treaties in Nigeria.
Regrettably, despite the vast number of statutes protecting children and women, there is still an alarming prevalence of heinous crimes against these vulnerable units of our society.
The Children’s Rights Act was enacted as passed in Law in Nigeria in 2003, to serve as a legal document and protection of children’s rights and responsibilities in Nigeria which consolidates all laws relating to children into one single legislation, as well as specifying the duties and obligations of government, parents and organisations.
However, despite its values and importance, most States in Nigeria have not domesticated the Act, which implies that children in some States are not being protected under this law which prompts unequal rights in children.
Section 30(1) of the Children Rights Act provides that No person shall buy, sell, hire, let on hire, dispose off or obtain possession of or otherwise deal in a child. This section clearly prohibits the act of buying and selling of a child or children.
Section 207 empowers the police to create a specialised unit for the combating of the crime.
The sporadic growth of baby factories across the Nigeria State is a front burner issue that needs urgent address, given the rise in in the thriving business due to the ever increasing in height of economic downturn in the country.
The vulnerability of children and the need for their protection has attracted international recognition as well as domestic legislation.
The Constitution also provides protection for the dignity of the human persons and personal liberty as stated in Sections 34 and 35 respectively. Howbeit, it is very safe to say that these laws are ineffective for the purpose they were enacted.
Having considered this topic in relation to baby factories as an avenue for trafficking and the laws enacted to promote and protect women and children, it is my recommendation that:
1. The government institutions established by law for the protection of children performs their duties.
Security agencies should not delay the prosecution of persons who commit this offence.
The government should ensure that upon discovery facilities harbouring women and children for sale be destroyed and periodic checks should be conducted on churches, mosque, hospital etc.
Intense education and sensitisation campaign and programmes for young girls, and boys and women about unwanted pregnancies.
Government should assume their responsibility of the protection of lives and increase the budgetary allocation for children orientation programme in schools, villages, church and mosque.
Esaenwani Baribor Ferguson
Esaenwani is a practising lawyer based in Port Harcourt at Brisk Attorneys and Consultants.
The Nigeria Police Force is the principal law enforcement agency in Nigeria. It has its origin in Lagos following the creation of a 30-man Counsular in the year, 1861.
It further has its Constitutional backing in the Chapter Six (6), Part Three (3), Section 214 of the Constitution of the Federal Republic of Nigeria , 1999 (as amended). Down the line, the Nigeria Police Force begin to have other formations like the Mobile Police Force in the 1980s.
The motive behind the creation of the Nigeria Police Force, is to preserve law and order, the enforcement of law and regulations with which they are directly charged. The performance of such military duties within and outside the country as may be required of them by or under the authority of the Police Act or any other Act.
When the heat or should I say, the need or urge to provide better policing in the country became necessary, more formations like the Special Anti Robbery Squad (SARS) were birthed around 1992 to battle crime especially armed robbery.
This very formation (SARS), before it went under on Sunday November 11, 2020, when the then Inspector General of Police, Mr Mohammed Adamu announced its disbandment was a talk-of the-town.
People were delighted to catch a glimpse of SARS men especially when they are in operation and in their full regalia. They fought crime to almost zero point before the devil took over the outfit and placed it in the history book.
The Slogan ‘ The Police is Your Friend’ is one of the most disgusting or disturbing things about the Nigeria Police Force. Many are not at ease with it. In most cases, they begin to wonder what the Police is even doing to get the least attention.
But until you are closer to some people including the Police, you may not say for sure what they do or their importance to the society. Some Police men are down-to- earth. They execute their jobs in such professional manner that one may be tempted to purchase Police recruitment form of a given year.
I have the privilege to interface with some of them at some Special Areas in Rivers state. Their profiles are not only intimidating, but reveal a serious road map on how best to tackle security challenges in the country.
When they related to me why they cannot execute some actions, I was flabbergasted. The government ought to look for those kind of officers and secretly talk with them.
They complained of being tagged as saboteurs should they approach their Heads with their ideas on some issues.
One of the officers confided in me how he unearthed a high profile kidnapping gang that nailed a certain bigman. I mean a bigman with both wealth and honour. I looked at the fragile frame of mind of the officer and took his claims with a pinch of salt.
When other of his colleagues at different fora commended him on some hard job success, it then dawned on me that I was dealing with a senior intelligence officer. His challenge was not also far from the ones earlier enumerated by his colleagues .
Armed with the little information I have gathered about the Police and its challenges, I delved into personal investigation. I went round almost the big formations in the state. With utmost humility, I discovered that the government was unfair to the Police.
In some of the outfits, over ten (10) officers are squeezed into one office. About three (3) of them or so share one (1) table. One will begin to imagine what the occupants of such place will produce.
Even the big formations with big names are not better. They suffer even the worst. But as the big men they are, they stomached the whole thing and welcome you with a beaming smile.
If you are not of a good temperament, you may take him (the bigman officer), for an evil man who derives joy in suffering. Or was the foremost Afro Beat King , Fela Anikulapo Kuti right when he sang ‘Suffering and Smiling’?
I think it is about time those that head some big Police formations in the country begin to think on how to improve on their jobs. Those at the top are not too mindful of the welfare of others. I blame them not, because such is a typical Nigerian factor.
I can recall vividly well at a particular public function in Port Harcourt when one officer was introduced as the Financial Officer in charge of a certain Police outfit. The master of ceremony (MC), took it up. He (MC), was like “thank God oga will bless us today”, the officer in a quick reaction, gave it back to the MC, thus, please “I am sorry, we are only bearing the name, the real office is in Abuja”.
People took it as a joke including me, but when I dug into the situation, I knew what exactly the officer meant then. The narrative must change, if the police must perform to the taste of the common man.
The Police and its welfarism must not be gambled with. The government and its authorities should consider the need for Police reform and execute it with immediate alacrity.
This will also help the authority to place a plum line on the Police. I think part of the poor check on the side of the government on the Police is deliberate, in that the authority know that they have not performed their own part of the agreement hence, the ‘On Your Own’ kind of approach to issues.
The police, if well equipped, will do more than expected. The manpower to execute some tactical operations are within them, but lack of support for them remains a bane to their positive operations.
Another point to effective Policing in the country is , management of the Internally Generated Funds by the Police. If the Police are allowed to manage the funds they generate internally, it will go a long way in fixing things among them.
The issue of waiting for approval to fix even furniture in the office is a major clog in the system. At times, they are forced to ask for financial support from the suspects to enable them buy as little as writing materials.
Such ought not to be in that the risk of compromising the matter will be high. If the materials are so provided, the officer will have no option than to do the needful.
Another point is that of personal visit and inspection. The authority should make out time to visit the Police formations across the country. They should visit such places like the convenience, bathrooms, canteens, etc. When you pay some unscheduled visits to some of the mentioned places, you will agree with this piece to the extent of making a quick case for an improved welfare package for the police.
As a citizen of Nigeria, make a personal visit Police formation as part of your menu. Let the issue of the police harassment especially on the roads not deter you. By so doing, you will be armed with some information that will convince you that of a truth, the to any Police is really ‘Your Friend’.
The time to address the challenges of the police is now. No need to dwell on the past. Let’s stop the blame game and think of the way forward.
King Onunwor
The Rivers State Police Command says it has begun orderly room trial for the three erring personnel and has issued official query to three officers for allegedly extorting two young men of N4 million in Aba, Abia State.
The officers were identified as Assistant Superintendent of Police (ASP) Doubara Edonyabo; ASP Talent Mungo; and Inspector Odey Michael.
Addressing journalists while parading the three officers, the State Commissioner of Police, CP Olantunji Disu said immediate steps were taken to apprehend the officers and a thorough investigation was conducted to ascertain facts surrounding the incident
The State Commissioner of Police, who was represented by the command’s image maker, SP Grace Iringe-Koko, said $3,000 was extorted from the victims, equivalent to N4.2 million, stressing that the money had been recovered and released to the victims on January 18.
“Following a comprehensive inquiry, it has been established that the actions of the officers in question were in clear violation of the law and the ethical standards expected of members of the Nigeria Police Force. As a result, appropriate disciplinary measures are being taken to address this grave misconduct.
“The Rivers State Police Command is committed to upholding the highest standards of integrity, professionalism, and accountability. The behaviour exhibited by the implicated officers is completely unacceptable and does not represent the values and principles of our organisation. We deeply regret the negative impact that such misconduct may have on the reputation of the Rivers State Command and the Nigeria Police Force in general,” the spokesperson said.
She, however, stressed that the actions of a few individuals should not overshadow the dedication and sacrifice of the vast majority of officers who serve with honour and distinction.
She stressed that the Inspector General of Police has consistently articulated a zero-tolerance stance against corruption and misconduct within the Force, and that this incident does not reflect the aspirations of the Nigeria Police Force.
She assured that Rivers State Police Command would remain resolute in its commitment to serving and protecting the community with utmost professionalism and integrity.
Akujobi Amadi
