Ademola Animashaun, the principal partner of S. A Animashaun and Co in Lagos, spoke to YEJIDE GBENGA-OGUNDARE on issues dominating politics, policy and public space.
The prevalent opinion out there is lawyers being a major problem of Nigeria; forum-shopping, conflicting rulings et al, what do you think about this?
I can understand the common man on the street thinking so. However, there is nothing farthest from the truth than that thought. In actual fact, I believe lawyers are the solution to the problems beseiging the nation. In whatever way you look at it, a lawyer champions the cause of the oppressed, the masses and even the privileged people in the society whenever there is an infringement on any person’s rights or whenever there is an issue that needs to be addressed by law, you go to the lawyer in order to access qualitative legal services which I know virtually every lawyer, possesses the knowledge and background to deliver. So, on the aspect of that opinion, I think lawyers are a solution and they comprehend problems in order to find solutions.
Can parties in an ongoing proceedings speak publicly about their cases as being experienced with politicians who are dissatisfied with the outcome of the general election?
Well, I will tell you this for free, that it is part of the law that when a matter is subjudice, you do not come out to make comments about it. What is the meaning of subjudice? It simply means when a case is pending before a court of law for adjudication between parties, it is contemptuous to make such comments, I will refer you to a warning given by the former CJN, Justice Walter Onoghen, through his media spokesperson to all and sundry; it clearly stated that no one should make comments when a matter is pending in the court of law that would amount to interfering with the issues at hand therein or casting aspersion on the ability or integrity of the court or the judge etc It is forbidden. Reference should be made to the case of Mobil Oil Nigeria Ltd. vs ASSCAN (1995) 8 NWLR (Part 412) 129 at 143.You do not do give an opinion or comment that will amount to contempt whilst a matter is in court. You must refrain from influencing the decision of court or letting its mind be made up by any comments. You leave everything open and keep away from the issue pending the time the court determines the issues before it whether in a civil or criminal matter.
So if an individual flouts that law, who can bring it up for redress?
Well, in the context of contempt, it would depend whether it is a civil or criminal contempt. Contempt proceedings can be initiated by the court suo moto or at the instance or prompting of any of the parties affected by such conduct or by a party that had observed such conduct. Whether or not it is criminal or civil contempt does not depend on the nature of the court. If you interfere with the administration of justice, it is safe to call that criminal contempt whilst if you disobey a court order, it would amount to a civil contempt. The court has summary powers to deal with contempt which occurs in its face and atimes this may even include disobedience of a court order or undertaking. Persons affected or concerned can bring it to the attention of court, for example, the prosecution itself can bring it to the attention of the court and make the necessary applications to have contempt proceedings heard against the contemnor. Contempt of court is punishable by a fine, sequestration of assets and or imprisonment depending on the circumstances.
What does the law say about a candidate getting 25 per cent of total votes cast in a presidential contest in FCT?
You see, that is an area that the court will have to decide. As far as I am concerned, the minute INEC made the declaration of the winner of the presidential election, the matter is over. Any aggrieved person should approach the court and it now becomes an issue for interpretation whether Abuja is supposed to be taken as a state or not requiring 25% votes. As far as I am concerned, I think INEC has determined that issue in accordance with their understanding and I think it ought to be respected pending when the court will determine it and like I have said, the matter is now subjudice; the aggrieved parties have taken their grievances to court, so for anybody to delve into it in its entirety, I think one would be walking around stormy waters. What I believe in, is the fact that having been declared winner by INEC, the person declared has to be respected as the winner until the time the court will reaffirm or otherwise.
Looking at the Chrisland’s saga, is it legal to have a criminal trial while a coroner inquest is ongoing?
What is the essence of a coroner inquest? A coroner inquest as provided under the Coroner’s Systems Law of Lagos State is to find out when there is a death that raises suspicion or has occurred in suspicious circumstances or there is a belief or suspicion that the death is abnormal, a coroner’s inquest is initiated and what it specifically does is to find out who, why, how and to make recommendations. Therefore, if during the coroner’s inquest, the State believes that they have a prima facie case to charge parties who are before the coroner, on an allegation of crime in the same case, the State has the power and machinery to go ahead and do that because they are two entirely different cases; an inquest might assist to unravel the circumstance but it doesn’t stop the State from going ahead and conducting arraignment and prosecution of certain persons. We have to understand, believe and appreciate one fact, the constitution of the Federal Republic of Nigeria guarantees the presumption that any defendant facing criminal charges is innocent until proven guilty. This now brings me to the issue of public policy.
What do you mean by public policy?
Public policy has varying means generally, which may include the reaction or influencing of the State by the general public through the social media. When there is interest in an issue, it piles up unnecessary pressure without due regard to fact, this pressure is pushed on the State and the State in order to absolve itself of not responding or caring about the outcry on the issue, is forced to look into it hurriedly and put it together and send it to the court to determine whether or not those involved are culpable or guilty of wrongdoing. However, you should know that in criminal prosecutions, the onus is on the state to prove the guilt of any person and it is not the same standard as in a civil matter. The burden of proof in criminal matters is on the prosecution and the standard required of them is proof beyond reasonable doubt to secure conviction
We have lawyers on the social media, making controversial and largely unsubstantiated claims. What can NBA do?
I will first and foremost say I am not a participant on social media but we do not live in isolation, we hear, read and we see things that are forwarded all over the place from social media. I am not mindful of lawyers being deliberately notorious for misinformation. I think the core area for regulation touches and concerns the media itself both electronic and print; for example, an area where professionals operate and when I say professionals, I am talking of qualified journalists who are meant to be bound by the ethos. You know a qualified journalist is expected to act professionally. A lot of the participants that you find in or on the social media do not have the requisite qualification or training. They just throw up stories to get attention and that attention is in form of or directed at getting more followers. These people call it posts on social media and conjure it up and click send. For example, if you report something that is not sensational, it is not very likely many people will follow it but if the story is what we call fake news, wrong facts, jumping into conclusions, substituting your personal opinion for the facts, you are going to get a lot of followership and that is why they call them social media influencers. Now, it will be rather unfortunate if you find members of the legal profession who are not qualified media practitioners that engage in this type of act. If you are going to the social media as a lawyer, you have to weigh what you want to say and in saying it, you must also be mindful of the position of the law; there is freedom of expression which is guaranteed by the constitution but you are also bound as a seasoned professional to weigh the pros and cons. Generally speaking, people cannot be gagged, they can say whatsoever they like but this is not a license to distort and spice up stories. People generally make up false stories and narratives on the social media which in turn influences the State to take up cases. Many matters are hurriedly and deliberately disseminated in the social media and in turn many people make baseless condemning statements and allegations, some even substitute their personal opinions for facts, they pre-empt everything you can think about in a matter or issue. Many false narratives are deliberately dumped in the public domain to create negative impression.
As one of the defence counsels, are you saying social media can play a role in the decision to prosecute?
I am sorry I cannot comment on that and I am also not a mind reader, but I can boldly say that, Chrisland is a brand built over 40 years ago that has consistently churned out students in all successful spheres of working life, whether in the corporate world, Federal or State government. It continues to provide qualitative education and nurture brilliant scientists and mathematicians. The ethos and core values of Chrisland School are identifiable in their unique staff, administrators and students. The social media caucus of activists and influencers, have obviously gone agog for self-serving purposes and have hijacked an unfortunate incident to spread illogical, fabricated narratives in a bizarre showcase of ignorance of core facts. That’s the price you pay in an unregulated and powerful medium called social media which is agog with participants and players who relish tarnishing the image of successful brands and persons. Our culture of pull-down mentality unfortunately also feeds from this unconventional news genre and this culminates in a combo of negative energy discharge from people seeking relevance but who exploit unsuspecting public’s attention and accommodation. One day it is hoped that balanced regulation that does not take away freedom will be introduced or enforced in obvious instances.
YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE
Treason: Obi, Datti’s comments don’t violate Section 37 of criminal code — Falana
Leading rights lawyer, Mr. Femi Falana on Thursday dismissed the claim by the Buhari administration that the Labour Party presidential team of Peter Obi and Datti Ahmed is engaging in subversive acts…
Obi threatens lawsuit against Peoples Gazette, says leaked audio fake
Presidential candidate of the Labour Party in the February 25 elections, Peter Obi, has dismissed leaked audio of an alleged conversation between him and Bishop David Oyedepo, founder of Living Faith Church Worldwide, as fake.…
Whitney Adeniran: Lagos govt places Chrisland school on probation
Chrisland High School in Ikeja, Lagos, has been placed on probation by the Lagos State Government for one academic session to monitor adherence to safety policies and guidelines…
Ilorin youths clash, destroy 25 cars over girlfriend in JSS class
At least, 25 cars were destroyed as youths from Itamerin and Ode Popo communities lay claim to the boyfriend of one Aisha, a JSS student.…
Super Falcons kick off training in Turkey ahead of international friendlies
Nigeria’s Super Falcons on Wednesday in Antalya had their first training session since arrival in Turkey on Tuesday ahead of the international friendlies against Haiti and New Zealand…
EDITORIAL: DSS alarm on interim government
SINCE last week’s declaration by the Department of State Services (DSS) that some members of the political class were plotting an interim government to truncate the smooth handing over of power by President Muhammadu Buhari,…
