Higher Education

MINISTRY OF JUSTICE
DELTA STATE

PRESS RELEASE

MAIDEN MINISTERIAL PRESS BREIFING BY
DAFE AKPEDEYE (S.A.N.), FCI Arb.
HONOURABLE ATTORNEY-GENERAL & COMMISSIONER FOR JUSTICE DELTA STATE
HELD AT THE MINISTRY OF INFORMATION
ON 27th APRIL, 2009.

Hon. Commissioner Ministry of Information,
Solicitor General and Permanent Secretary Ministry of Justice,
Permanent secretary ministry of information,
Permanent Secretary Administration Ministry of Justice,
Director of Information,
All Directors here present,
Gentlemen of the Press
Ladies and Gentlemen

This Ministerial Press Briefing, which is essentially an instrument of Government Accountability to the public; provides a forum to inform the public of the responsibilities, accomplishments and challenges facing the Ministry of Justice Delta State.

I shall proceed by stating that the Ministry of Justice is comprised of 8 professional departments and 2 non-legal departments. The professional Departments are – (1). Department of Legal Drafting & Advisory Services (2). Department of Public Prosecutions (3). Department of Civil Litigations (4). Department of Law Research, Review, Reporting and Publication (5). Department of Administrator-General & Public Trustee (6). Department of Peoples Right (7). Department of Library Services (8). Public Service Unit. Whereas, the non-legal departments are – (1). Department of Administration & Finance, and (2). Department of Planning, Research & Statistics.

The Ministry via the Department of Legal Drafting & Advisory Services, has since the inception of the present administration, proffered over 1,000 legal advice to the Government, Ministries, Agencies and Parastatals; drafted in-numerable Contract Agreements/Memorandum of Understanding and Executive Bills – amongst which are The Child’s Right Law, Consolidated Internal Revenue Bill, Delta State University Teaching Hospital Law, Fiscal Responsibility Law, Warri Industrial Business Park Bill, Local Government Amendment Law, Agency for Physically Challenged Persons Bill, Micro Credit and Small Credit Agency Bill, Public Procurement Bill. Today all these Bills, some of which have become laws, have positively impacted the legal landscape of the State.

The Ministry, via the Department of Civil Litigations, has also successfully undertaken the prosecution and defense of numerous environmental, revenue, land and other specie of civil cases for and on behalf of the Government. This department is also saddled with the responsibility of recovering mobilization monies paid to some contractors who have not done the jobs awarded them or the level of contract performance done, not commensurate with mobilization. The department has been able to recover the sum of (N44,100,734.57) forty four million, one hundred thousand, seven hundred and thirty four naira, fifty seven kobo from erring contractors and note that this figure may increase anytime as we receive periodic reports on completed projects from the awarding ministries. It should also be noted that if these projects are executed by the defaulting contractors it will be of great economic benefit to the state Government considering the long periods these contracts were awarded as it will cost the state more financial burden to determine and re award these projects, so it will be of more advantage to see that these original contractors go back to site or else return the mobilization with interest at current bank rates.

The constitutional power of the office of the Attorney-General in respect of public prosecution to institute, take over, continue or discontinue criminal proceedings against any person before any court of law in the state is exercised through personnel’s in the Department of Public Prosecutions. This Department during the period under review has successfully proffered about 503 legal advices also prosecuted many criminal cases [both at trial and on appeal]; in the various Courts vested with criminal jurisdiction, within and outside Delta State. The ministry through this department has contributed to the maintenance and sustenance of peace in the state through the timely prosecution of person s alleged to have committed crimes. We dispatch legal advice on weekly basis to the chief registrar high court of justice Asaba, Magistrate courts, O.C legal State CID Asaba and Benin

It is also worthy of note, that the Ministry’s responsibility as Administrator-General & Public Trustee, pursuant to the Administrator General and Public Trustee Law of Delta State, has also been undertaken with un-relenting zeal. Accordingly, I am gladly
Emboldened to declare that the payment of Death Benefits to the Next-of-Kins/Beneficiaries of deceased public servants has been streamlined and implemented, with beneficiaries of deceased persons who hitherto could not be paid their claims totaling N134,155,345.78 (one hundred and thirty four million, one hundred and fifty five thousand, three hundred and forty five naira, seventy eight kobo) have now through the determination and effort of the Governor Emmanuel Uduaghan led administration, been paid the above sum, to most beneficiaries and the remaining few not paid are being processed. I hereby use this medium to implore all beneficiaries to be patient with us even as the ministry seeks to fine tune the payment process and make it even much easier.

Gentlemen of the press, the Ministry has also made great landmarks in the area of peaceful mediation, re-conciliation, negotiation, and other means of Alternative Dispute Resolution [ADR]. Indeed, the Ministry has achieved this via its Department of Peoples’ Right – which handles all complaints by Government Ministries, Agencies, Departments, Public Officers, as well as Private Persons and Corporations against any Person(s) or Corporation(s) whether public or private. In this respect also I am happy to state that the Ministry has successfully resolved numerous in-tractable and oftentimes non-justiciable disputes, involving Multi-National Oil and Gas Companies, Industrial Giants, Indigenous Communities, etc., which may have otherwise adversely affected the peace, order, law and common-wealth of Delta State.

At this juncture, I also wish to state, that our greatest challenge in this area is the lack of knowledge by citizens of the availability of this charge-free, dispute-friendly and dispute-efficient service. Thus, I hereby use this medium to enjoin all and sundry in the public and private sectors, to extensively avail them of this golden opportunity, for cheaper, rancor-free, speedy and efficient medium of ADR.


Another watershed achievement of the Ministry during the period under review is in the area of Law Review and Publications. The Ministry, via the Department of Law Research, Review, Reporting and Publication, has responsibility to undertake legal research, review laws and customs to align them with modern practices, undertake to report and publish decided Court Judgments and Law Journals.

Gentlemen, I am glad to state that my Ministry, has fine-tuned and finalized the review of the Laws of Delta State, and same is at the verge of being passed into Law. Similarly, my Ministry launched Delta State in national history, by being the first State to successfully midwife the publication of its State’s Annotated Laws in Nigeria – a feat which has not only helped in boosting the image of Delta State, but has also greatly impacted on our national legal jurisprudence, which in turn facilitates an enviable increment in the internally generated revenue of the Ministry.

The Ministry has also made colossal achievement in the area of Employee/Industrial Relations between Government and its employees in the Public Service of Delta State – inclusive of the Local Government Councils. First, I wish to state that during the period under review, the Ministry of Justice under my humble stewardship, and with the gracious support of His Excellency, Dr Emmanuel Eweta Uduaghan, established the Department of Public Service Affairs [fondly called Civil Service Unit]. This Department, is [inter alia], saddled with the responsibility of ensuring that the rule of law and the Employment Contract, between the Government and the worker is followed and respected by all the parties at all material times. Thus, within its less than 12months of existence, the Department, has successfully reviewed numerous cases of un-fair and wrongful dismissal of employees; un-fair stagnation and non-promotion; inter and intra-labor disputes; and other matters related with the work environment and industrial harmony.

Indeed, I wish to reiterate that in undertaking its responsibilities, the Department, is independent and bases its advice and decisions on the tenets of the rule of law and justice.

Yet another important achievement of the Ministry of Justice is the area of Library Services. During the period under review, the Ministry, has procured and stocked its library with standard law books, journals and other vital periodicals for legal education and general knowledge. This enhanced facility has made the library become a research and reference destination for lawyers, law students and other paralegals. Today, the Law library is one of the best in Delta State and environs, as it can boast of relevant books on virtually all relevant areas.

I shall now proceed to list other notable achievements the Ministry, during the period under review, as follows;-


1). ACQUISITION OF PERMANENT OFFICE ACCOMMODATION IN ASABA:

The Ministry of Justice long after the creation of Delta State is still being housed in a rented apartment, in-conducive and in-adequate to accommodate staff or enhance efficient productivity.

In a bid to alleviate this crucial setback, I implored His Excellency, Dr Emmanuel Eweta Uduaghan, and he graciously approved the acquisition of a befitting multi-million naira permanent office apartment for the Ministry. This permanent office building is located at Phase 1, Core area, G.R.A., Asaba.

Indeed, while this accommodation is not capable of housing the entire staffers of the Ministry, it would greatly reduce the presently un-bearable accommodation stress of the Ministry, and give us some respite while we perfect plans to procure another Office accommodation that would house the remaining staff.


2). PROVISION OF OFFICIAL VEHICLES FOR STAFF:

I also wish to state, that during my tenure, the Ministry, procured numerous vehicles to alleviate the transport challenges of principal and other senior officers of the Ministry – who hitherto then, were not assigned with official vehicles.

It is also note-worthy, that presently, the Ministry has further implored His Excellency, Dr Emmanuel Eweta Uduaghan, to graciously approved the further procurement of vehicles for principal, senior and zonal officers – who either had not been allotted vehicles or their vehicles have over time become rickety.
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3). ENHANCED INTERNAL REVENUE GENERATION BY THE MINISTRY:

I am also glad to also place on records that hitherto my tenure as Attorney-General and Commissioner for Justice of Delta State, the Ministry of Justice, virtually had a zero Internal Revenue Generation profile.

Today, it is very heartening to note that the Ministry of Justice, is adequately poised and generates very substantial sums of money – which invariably, also boost the Internal Revenue Generation profile of the Delta State Government – especially at a period of “global melt-down”, when our national oil-fortunes are drastically dwindling, and the State Government, shops for other windows of opportunities, and is constrained to diversify to other viable non-oil economic sectors.

4). ENHANCED TRAINING AND RE-TRAINING OF STAFF:

Another high-point of my tenure is the “Training and Re-Training of Staff”. Presently, the Ministry has collated the various training needs of the diverse category of staff in the Ministry to ensure that all duly qualified persons are accorded relevant training for enhanced service delivery.

It need be stated that today, a modest 75% of officials of the Ministry have undergone one form of training and/or re-training during my tenure; and we are poised to hit the 100% mark soonest. Indeed, during the period under review, officials of the Ministry have been sent for both national and international training – and amongst this is the case of Mrs. P.K. Ologitere [Permanent Secretary-Administration], who was sent for training at the highly prestigious Nigerian Institute of Policy and Strategic Studies [NIPSS], at Kuru-Jos.

6). HOLLISTIC STAFF TRANSTER AND RE-POSITIONING:

¬ In a bid to re-brand and re-position the Ministry for cutting-edge service delivery, the Ministry undertook a holistic transfer of its staff; in other to expose and give them an all-round training in diverse areas of the Ministry’s activities. Again, this transfer, which is the most wide-spread in recent times, is tremendously impacting positively on the Ministry.

4). INSTITUTION OF STAFF MERIT AWARD:

In order to further boost staff morale and productivity, the Ministry during my tenure, instituted the Annual Staff Merit Award. The maiden award, took place on March 24th 2009; and it was an event that even skeptics of my Administration’s policy thrust conceded was novel, un-rivaled and catalytic for employee’s efficiency.

I wish to reiterate that the numerous policies and achievement during my tenure are in accordance with the 3Point Agenda of Dr. Emmanuel Ewetan Uduaghan’s Administration; and I thank him immensely for affording me the opportunity to serve my State and Nation.

I however wish to conclude by stating that my main challenges in the administration of the Ministry are:-

1). FUNDING:

The funds allocated to the Ministry, is inadequate, to undertake the numerous plans and activities of the Ministry. I humbly implore the State Government to grant the Ministry increased funding.

2). POOR WORK CULTURE BY STAFF:

The traditional lassez faire attitude of career public servants to work poses a very severe challenge to my efficient administration. Lateness to work, pre-mature closure from work, lack of innovation, in-subordination, greed, leakage of official secrets, rumour-mongering, and other industrial vices are the hallmark of the present average career public servant.

I therefore wish to seize this medium to implore public servants to turn a new leaf, and join the Dr Emmanuel Eweta Uduaghan Vanguard to take this State to the “next level”.
Gentlemen of the press thank you.

DAFE AKPEDEYE [SAN], FCI Arb.
Honorable Attorney-General & Commissioner for Justice

Commissioner Hails Uduaghan’s Commitment to Efficient Justice Delivery

The commitment of Delta State Governor Dr. Emmanuel Uduaghan to efficient justice delivery has considerably improved and has made Delta a crime Free State. This statement was made by the Hon. Attorney General and Commissioner for Justice Mr. Dafe Akpedeye at the Maiden Award Ceremony organized for deserving staff of the Ministry.

The Commissioner noted that since the present Governor took over the administration of the State, incidences of kidnapping, hostage taking armed robbery, illicit bunkering and other social crimes have drastically reduced. Dafe Akpedeye also disclosed that with the support of the Government, departments, directors and other officers of the ministry have been provided with official vehicles to enhance job efficiency, urging them to be dedicated to their jobs.

He noted that the ministry has achieved much in the area of human capital development which is one of the cardinal thrusts of the present administration led by Governor Emmanuel Uduaghan, saying the award was designed to further promote job efficiency and encourage exemplary behavior in the ministry.

Mr. Patrick Mekako of the Warri zone of the Ministry emerged as the overall best Legal officer of the year beating 10 others to it., while Mr. Emamuzo Erebe emerged as the best Director in the Ministry, Mr. chukwudi Gabriel Baji won the overall best junior staff position.

The winners got prizes ranging from LCD Television, Home Theatre Sound System and Bedside Fridges. Speaking on behalf of the recipients Mr. Mekako the overall best Legal officer thanked the commissioner for initiating the award, the first of its kind in the ministry and he promised that the award will promote healthy rivalry among staff and spur them to give their best on the job. Present at the occasion were staff of the ministry in all the zonal offices.

Also present were some members of the State Executive Council, Judges, Permanent Secretaries, and Chairman of the Civil Service Commission amongst others.

Ohwevwo Enohor
Information/ Public Relations Officer
Ministry of Justice

 

I read from the Vanguard Newspaper of Friday, 6th September, 2002 that the Inspector-General of Police has provided one Mr. Moses Oddirri of Oddirri & Co., Barristers and Solicitors, 91 Bode Thomas Street, Suru-Lere, Lagos with Police protection and clearance for a political rally at Aragba/Orogun in Delta State on 7th September, 2002. The report further stated that the Commissioner of Police, Delta State was directed to ensure that the fundamental human rights of the said Moses Oddirri are not trampled upon.

I wish to bring to the attention of all concerned: the Inspector-General of Police, the Delta State Police Command and Moses Oddirri, that the so-called directive by the Inspector-General of Police cannot override the subsisting Court Orders to the Commissioner of Police, Delta State to arrest and produce Moses Oddirri to take his trial in the case of Commissioner of Police versus Moses Oddirri.

The attempt by Moses Oddirri to appeal to the Court of Appeal, Lagos against the orders failed. Disallowing the appeal in his lead ruling of 17th June, 2002, Oguntade, J.C.A. stated:

"The appellate jurisdiction of this Court is statutory. This Court has no jurisdiction to grant a stay of the orders of the Chief Magistrate Court Asaba which have not been challenged in the appeal before it. This Court can only hear an appeal from the High Court. If I am not placed to fault the orders of Chief Magistrate Court Asaba, I am for the same reason unable to order the Inspector General of Police not to obey the order of Court which I have not and cannot pronounce as invalid; and if orders of Court are valid no Court in the land ought to tell the Police not to obey them. For this reason, I am unable to grant the applicant's first prayer."

I wish to emphasize that Moses Oddirri is not in any way being politically persecuted but is wanted by the Court to face his trial in respect of charges against him before the Chief Magistrate Court, Asaba since 2001 and for which he escaped from lawful custody at the Ogwashi-Uku Prison. The Police should not therefore allow itself to be used to frustrate the course of justice.

Fortunately, the Office of the Inspector-General of Police Abuja has explained to me that its directive was not and could not have been intended to override subsisting judicial orders against Moses Oddirri. 6. The Police is therefore advised to execute the said orders without fear or favour.

 

PROF. A.A UTUAMA

Hon Attoney-General and Commissioner for Justice.