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COVID 19 : THE ANATHEMA OF A LONG VACATION FOR THE COURTS -Osaro EGBOBAMIEN SAN

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The world is repositioning on the front foot to begin what is sure to be a long and painful economic recovery from the devastating COVID-19 pandemic. Many countries, including Nigeria are teetering on the verge of a recession.  Naturally, our leaders are anxious to get people back to work from the forced 8- week vacation without pay that has put many businesses and even public services in jeopardy. It has been a management of crises, helping to ascertain true leaders, as well as shapely redefining fault lines in politics, law and economics.    Law stands on a special pedestal and has been greatly demeaned in Nigeria principally because of its abstract nature. Perceived not just as a mere set of rules to adjudicate dispute, but a realm through which individuals are connected to one another and to the larger society, it has received its most devastating blow, ironically by those charged with administration of justice at the highest level. As at date, there is yet no indication that the annual vacation in July/August will be suspended, to make for otherwise productive time lost in the period of the COVID-19 induced holiday.     The Justice Reform Project (JRP), like other civil society organisations, has not been silent through the pandemic, and now facing its aftermath. It has called for and recommended the suspension of the annual vacation of the courts to recover time lost to the pandemic response initiative.   A commonsensical step it would seem, given the events of the past 8 weeks, However, in Nigeria, we are often polarised along self interest, while the national interest takes a remote seat in evaluation. As in the call for virtual hearing, the call to suspend the annual vacation is likely to play to a typical stereotype. Annual vacation is statutory, and the various Chief Justices are constitutionally empowered to prescribe vacation dates. So, it may be argued disingenuously that it will be unconstitutional to suspend the annual vacation, just as it is contended it is unconstitutional to access the courts virtually.         This argument falls flat. The response initiative to the contagious nature of the viral disease, the Quarantine Act has necessitated the indirect suspension of the most fundamental part of the Constitution. The right to freedom of movement, right to freedom of association, right to engage in certain contracts and the entire right to liberty have all been impeded.     You need the law to redefine these parameters. Any inhibition in the Constitution, for instance to virtual hearing (although I find it difficult to locate any) or constraints to access justice could easily have been accommodated within Quarantine Act. The failure to have done so, is a lack of appreciation that law constitutes a set of values upon which important part of our society is predicated.To proceed on annual vacation would almost mean we do not appreciate the role of a justice system in the daily life of the people it serves. And the absence of any clarity on the subject as at date, further undermines confidence in a sphere where time, scheduling and preparation is of essence.     COVID-19 seems to reveal a fallacy that in Nigeria we can exist without law. Proceeding on annual leave in the current climate is to compound our misconception and tilt us towards a Hobbesian state of nature where there is no common authority to restrain the arbitrary exercise of power by those who wield it.      In the end, all who seek justice suffer disillusionment, and consequently, resort to self-help. It is a mistaken belief to think that in the absence of a formally sanctioned justice system, society has ground to a halt. Nature abhors a vacuum and so the formal justice system has no doubt been supplanted by a shadow system that has kept ostensible peace and provided remedy.      Illegality has its own structures and appeals to a desperate population who crave certainty in their dealings, and solutions to problems that arise daily. This could be in the form of rogue government agencies and officials who act as mercenaries sworn to the highest bidder Or warlords and ‘area boys’, who though boasting only a crude alternative to formal systems, may be at least capable of some consistency and dependability.   These revelations may tend towards the unfortunate conclusion that even our functional justice system provides no real justice and so is not missed by either those who dispense it, or those who are supposedly served by it, when absent. The parallel system of illegality seems to provide more succour than the rule of law. Other nations around the world have reacted decisively to the forced holiday brought on by the pandemic. Those from which Nigeria borrowed much of its constitution; notably, America, Australia, and India, have taken their justice online by swiftly instituting virtual hearing of matters. The common law upon which our system is modelled is also in this company. So, while their economies have hobbled along, they have at least made some progress to boast of. For us, COVID-19 has painfully exposed our superficial justice system by exercising discretion to stay closed, and considering another 6 weeks holiday, the authorities are painting the rule of law as only an option, among a suite of options for ordering(a disorderly) society. This is exacerbated by their comfortable detailing of all the inhibitions that will not allow for the system to operate, without providing any alternative. Any service that fails to evolve to meet the times, will die of natural causes. We are now providing the palliative care to make the demise of our own justice system more comfortable. Lawyers also earn their living from the courts, and it is better left to the imagination the lengths that necessity will drive otherwise brilliant and hardworking practitioners to. Still, we are not without heroes. Civil society, and the Bar must be commended for taking a charitable stand. Acts of charity and raising awareness of the needs of the most vulnerable among us, are never in danger of becoming outdated. While this charity disposition must be commended, it is certainly not the solution. The Bar must in addition stand up, to ensure that the administration of justice remains effective, efficient, and effectual. It ought to be at the vanguard calling for virtual hearing and a suspension of the annual vacation. We do a disservice to whatever faiths we profess and our collective conscience by treating this crisis as one that can be solved with hand-outs. Africa has never known true development from foreign aid. It is criminal to give only temporary panacea when the means to advance towards a lasting solution lies within our power. Perhaps those who are paid from taxpayer funds, could take a cue from the shop owners, vulcanizers and artisans who know too well that if you do not find a means to provide a service, not only the receiver of the service suffers, you the provider of the service are soon forgotten. If the courts will not use the regularly scheduled annual vacation to recover lost ground and insist on business as usual at the cost of taxpayers, confirmation should at the very least be provided sooner and not later to ensure stakeholders are not taken unawares. Contingencies will need to be out in place. When we look back as a nation after COVID, what lasting innovation, can we say it has brought out of us? Beyond individual acts of charity, I am yet to find a satisfactory answer. Unfamiliarity with technology may be a disincentive to senior judicial officers to move to virtual hearings, however that is no reason to hold the country to ransom over what could be cured by temporarily employing school leavers and undergraduates to guide their Lordship through the process. As we prepare for a post COVID world, with all the uncertainty that portends for domestic and international commerce, those who will succeed are those who are able to come out different from how they went in. Any country, or individual for that matter, who emerges without a new skill or two; a new trick or two to avert or mitigate the impact of future crises, would accurately be described as a failure. Let us rise above our natural proclivity for intellectual debates during times of action. Other nations are finding solutions or at worst, identifying markers for what a new normal could look like and the changes that need to be made. We will have no one to blame but ourselves if we fail to do the same. The annual vacation for 2020 must be suspended immediately!!!

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Oceangate Engineering to appeal court’s ruling on asset forfeiture

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Oceangate Engineering Oil & Gas Limited has announced plans to appeal a recent ruling of the Federal High Court ordering the forfeiture of certain assets.

The company’s Secretary, Nnenna Onyeaso, disclosed this in a statement on Thursday, maintaining that neither the firm nor its leadership was found guilty of any wrongdoing.

Onyeaso said the company views the ruling as a civil asset forfeiture order based on suspicion rather than proof, she emphasise  that the judgment did not establish any criminal liability against the organisation.

She added that the firm has instructed its legal team to file an appeal, expressing confidence in the judicial process and optimism that a comprehensive review of the case will yield a favourable outcome.

“To be clear, this ruling is a civil asset forfeiture order with no finding of wrongdoing against Oceangate or its leadership.

“The court’s decision rested on a legal standard of suspicion, not proof, and it is one we intend to pursue fully through the appeals process,” she said in a statement.

The firm secretary also said that Oceangate has reiterated its belief in the rule of law, noting that the appellate system exists to address such outcomes.

She added that the company remained confident that the facts of the case will ultimately affirm its integrity and business practices.

Onyeaso said that the firm also emphasised that its operations remained unaffected, stating that it continues to provide employment for many Nigerians while contributing to the country’s energy sector and broader economy.

“We have always believed in the ability of the judicial process, and that belief has not wavered,” she added.

She noted that Oceangate further expressed appreciation to its employees, partners, and clients for their continued support amid the development, assuring stakeholders of its commitment to transparency and accountability.

The Secretary said that the company reaffirmed its confidence in Nigeria as a viable destination for investment, describing the country as a land of equity, growth, and opportunity.

“We remain committed to the continued growth of our business and the communities we serve as we are optimistic that justice will prevail at the end of the legal process.


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PDP Criticises Kwara Governor Over Deadly Bandit Attack

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PDP criticises Kwara Governor AbdulRahman AbdulRazaq over deadly bandit attack in Woro and Nuku, calling response insufficient

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Court Asked To Restrain FG From Interfering with NAFDAC Enforcement of Sachet Alcohol Ban

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The Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court in Lagos to issue injunctive orders restraining the Federal Ministry of Health and Social Welfare and the Office of the Secretary to the Government of the Federation (SGF) from further extending the moratorium on the prohibition of the production, distribution, and sale of alcohol in sachet format.

The Rights Group also asked for order restraining them from interfering with the statutory powers of the National Agency for Food and Drug Administration and Control (NAFDAC) to enforce the ban.

Specifically, SERAP is seeking an order of injunction restraining the defendants, their servants, agents, privies, and all persons or authorities acting through them from extending any moratorium on the sachet alcohol ban.

The organisation is also asking the court for a perpetual injunction restraining the defendants from directing, preventing, blocking, or stopping NAFDAC from enforcing the prohibition, in line with its statutory functions under Sections 5 and 30(c) of the NAFDAC Act, the Spirits Drink Regulation, and the Memorandum of Resolution executed on 19 December 2018.

In the suit marked FHC/L/CS/2568/25, SERAP is asking the court to compel the Federal Ministry of Health and Social Welfare, through its supervisory authority, to immediately direct NAFDAC to fully enforce the existing nationwide ban on the production, distribution, and sale of alcohol in sachet format.

The defendants in the case are the Minister of Health and Social Welfare and the Attorney-General of the Federation.

The group argues that the continued delay by the relevant federal authorities in enforcing the ban amounts to a failure to implement long-standing public health regulations designed to curb alcohol abuse, protect public safety, and safeguard citizens’ well-being.

The suit was filed on SERAP’s behalf by Mofesomo Tayo-Oyetibo, SAN, alongside a team of lawyers from Tayo Oyetibo LP.

In an originating summons dated 15 December 2025, SERAP contends that the ongoing circulation of sachet alcohol violates the National Health Act, 2014, the NAFDAC Act, the Spirits Drink Regulation, 2021, and the Memorandum of Resolution of 19 December 2018, which collectively mandate a nationwide ban on sachet alcohol.

SERAP is asking the court to determine whether the Minister of Health can lawfully refuse or fail to enforce the prohibition, and whether any federal authority has the power to interfere with or delay NAFDAC’s statutory duty to enforce the ban.

The organisation also wants the court to decide whether, given the acknowledged dangers of alcohol abuse, judicial intervention is required in the interest of public health, public safety, and public order.

According to SERAP, sachet alcohol, often cheap, highly potent, and widely accessible, has been linked to rising cases of alcohol abuse, particularly among young people and low-income communities. It argues that the 2018 Memorandum of Resolution and subsequent regulations were adopted precisely to address these risks.

Among the reliefs sought are declarations that the sachet alcohol ban is a valid regulation under the NAFDAC Act; that the Minister of Health has no legal authority to grant or extend any moratorium on its enforcement; and that it is unlawful for any federal authority to interfere with NAFDAC’s enforcement responsibilities.

SERAP is also asking the court to affirm that the defendants have a duty to ensure the full implementation of the ban nationwide.

The legal action follows recent unverified social media news suggesting there is an attempt to further postpone the long overdue enforcement of the ban championed by a few operstors bent on continued violation of the regulation, despite earlier regulatory directive and broad industry commitments. The issue has gained renewed attention after the Senate in full plenary session passed a unanimous resolution setting a December 2025 deadline for full enforcement of the ban, citing public health concerns.

SERAP insists that continued delays undermine Nigeria’s health laws and expose citizens to preventable harm, urging the relevant authorities to prioritise public interest over selfish profit objectives of a few non-compliant businessmen.

The court is expected to fix a hearing date once the defendants enter their appearance.


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