‘NO HERO HAS EVER EMERGED FROM TREACHERY,’ ADESINA WARNS

BY EMEKA NWADIOKE

Erstwhile Nigerian Bar Association (NBA) presidential candidate, Mr. Dele Adesina has said that it was the association and not him or his supporters that lost the recently concluded election.

In a statement dripping with passion, Adesina also warned that NBA may have “lost the last opportunity to re-invent itself,” adding that “time will tell.”

He described the poll as “electronic fraud,” saying: “However, please remember that for those who masterminded, planned and executed the NBA election electronic fraud, no hero has ever emerged out of treachery no matter how noble he thinks his cause is.”

The full text of his speech is below:

THANK YOU ALL FROM DELE ADESINA, SAN, FCIArb.

To all my dear Supporters and Colleagues, particularly my Friends and Co-workers on various social media platforms, DASAN Committees, NBA Forums and Platforms, l once again wish to express my heartfelt gratitude and profound appreciation to each and everyone of you for the wonderful role you played in our attempt to re-create our Association by making it a positive catalyst for the Legal Profession and our Nation. We thought they would respect the very wide acceptability level we enjoyed through-out the Nation and different blocks and allow a fair, free and transparent election. Unfortunately, we never knew that the degree of audacity will be this brazen. We were going there to change the ways and show the path to follow, to demonstrate the meaning of true leadership in purity, honesty of purpose and integrity. Regrettably, those who hold the NBA in suffocating throat know the reason for doing what they did.

One clear thing from these past weeks is that we have built a strong bond of friendship and brotherhood thereby creating connections across the Nation. To all our partners, I urge you all to continue in this spirit of fellowship and keep our connections active as we are all together in this journey of life and career fulfilment in the true spirit of being “our brother’s keeper”. Please, do not exit the Forums and Platforms as it is my desire that we stay together, look after each other’s welfare and mutual progress. The NBA Presidency for me was not an end in itself but really a means to an end. The difference only is that the focus may now be shifted from that of institution to the individuals and that is you.

My believe and that of many, both within and outside of the Bar is that the election of yesterday July 30, 2020 was lost by the Nigerian Bar Association not me or you who worked tirelessly for the repositioning of our Association, the restoration of its honour, glory, integrity and the security of the future of our beloved Profession. Whether or not NBA has not lost the last opportunity to re-invent itself, time will tell. However, please remember that for those who masterminded, planned and executed the NBA election electronic fraud, no hero has ever emerged out of treachery no matter how noble he thinks his cause is.

Once again, I thank you all for your support. God bless you and bless the works of your hands.

Dele Adesina, SAN, FCIArb.

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AKPATA PROMISES ELECTORAL REFORMS, HAILS ADESINA, AJIBADE

BY EMEKA NWADIOKE

Nigerian Bar Association President-elect, Mr. Olumide Akpata has promised to embark on electoral reforms to smoothen the lapses in the association’s electoral system.

In a letter to lawyers titled “Let us secure the future through a united bar that works for all,” the incoming NBA President traced his entry into the presidential race, adding that “On the strength of the foregoing pledge, I asked you to give me your mandate and join me in bringing about an Association that works for the majority of its members.”

Noting that the electorate “answered that call in an overwhelming and unequivocal manner” when, at the end of a “long and intriguing process” he emerged victorious,” Akpata stated that he was writing “to say thank you from the bottom of my heart.”

He noted that he did not take for granted “the hardwork, passion and commitment that you all invested into the process that has now culminated in my emergence as President-elect,” and assured NBA members that he would deploy “what I consider my greatest personal attribute: discipline of execution, in carrying out the undertakings that I had given to the members.”

Saying that he “was certain that the election was really not about me,” the leading solicitor stated that he “was driven by the passion to use my time, talent and resources to improve our Association by making it fit-for-purpose, beneficial to all members and responsive to the needs of the society.”

He observed that  “Throughout the electioneering process, I saw many Nigerian lawyers who had either lost faith, or never been interested, in the NBA participate with utmost enthusiasm in the hope that things would become better. This further goes to show that the extraordinary movement that heralded this electoral victory was not, and could never have been about me.”

Dedicating his victory to several segments of the profession, Akpata said: “The victory of last night is for our young lawyers who have become disillusioned with the way the NBA has been run over the years and how the profession appears to be disconnected from the challenges that face them and their future. It is for the progressive senior lawyer who refused to accept the status quo and took firm steps to ensure that things are done better. It is for the corporate counsel, law officers, law teachers, the police and military lawyers, and lawyers in all components of the profession who for long have been treated as unequal members of an Association that ought to be the umbrella body for all legal practitioners.

“The victory of last night is for the lawyer with disability who has long suffered neglect and indignity by the profession. Above all, our victory is for non-lawyers and the general populace who took an unusual, but a special, interest in the conduct of our elections, thus lending credence to my long- held belief that the Nigerian society has always yearned for a legal profession and indeed a Bar that stands tall as an unwavering bastion of the rule of law, an advocate for the sanctity and independence of the judiciary, and a bulwark against tyranny and oppression.”

He accepted the mandate, saying: “It is therefore with immense respect for you, a deep understanding of the value of your mandate, a demonstrable appreciation of the factors that have bedevilled our noble Association and with humility to the will of God, that I wholeheartedly accept this mandate from you. The outpouring of support is only indicative of the amount of work that needs to be done. The greatest appreciation that I can show to all of you is to keep to the various promises that I made, and this, I assure you that I would do.”

On electoral reform, the NBA President-elect said that he was “not unaware of the complaints by at least one of the Presidential candidates about the administrative issues surrounding the elections,” adding that “As members of the legal profession, our electoral process ought to be and remain a standard for others to follow. I said this much in my second letter dated 29th July 2020 to the Chairman of the Electoral Committee of the NBA.”

Declaring his commitment to address the controversies that have bedeviled the association’s elections, Akpata said: “ I strongly believe that there is plenty room for improvement in our electoral process, and I commit to making this possible.”

He stated that while the expectations are high, “together we have a duty to devise measures to tackle the problems of our noble Association. We need to hit the ground running.”

Turning to his fellow contestants, Akpata said: “I also particularly appreciate my friends and learned seniors, Deacon Dele Adesina SAN, and Dr. Babatunde Ajibade SAN, against whom I had the privilege of contesting for the office of President of the NBA. One thing that remained unshaken throughout the election process was my utmost respect for these distinguished and respectable gentlemen. May I humbly assure them that my respect remains intact. The election is over but the work ahead of us is immense. We must now unite in order to achieve our common goal of revitalising the Bar and ensuring that our voice is firm and unshaken when we speak. I obviously cannot do this alone and will be counting on their support and counsel as we work towards Securing The Future through a United Bar that Works for All.”

He reassured lawyers that “I shall do my best to deliver on your mandate. May God bless you all and the Nigerian Bar Association.”

AKPATA_LETTER

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA ELECTION: ADESINA’S CAMP SPLITS, AS OJUKWU BACKS AKPATA

BY EMEKA NWADIOKE

A major split may have occurred in the camp of erstwhile Nigerian Bar Association (NBA) presidential candidate, Mr. Dele Adesina SAN as one of his staunchest backers has urged stakeholders to support NBA President-elect, Mr. Olumide Akpata.

Though former NBA presidential candidate, Prof. Ernest Ojukwu SAN had profusely endorsed Adesina in the run-up to the election, he however told CITY LAWYER today that “we should focus our energy on how to support the new officers.”

Adesina is reputed to have been a major anchor for Ojukwu’s campaign especially in the Lagos area when he sought the much coveted NBA Presidency in the 2018 NBA Elections.

In a statement to CITY LAWYER, the former Nigerian Law School Deputy Director – fondly referred to as “Teacher” – while decrying the lapses that bedeviled the poll, however congratulated Akpata on his victory.

His words: “I congratulate Mr. Akpata and the rest of the members that won at the NBA 2020 election. It is a shame that the process was yet again flawed but now we should focus our energy on how to support the new officers to regenerate the Association to be able to deliver on her objectives that have been lying dormant in our Constitution for sometime now. We should all support them.”

CITY LAWYER recalls that Ojukwu had in an elaborate statement endorsed Adesina as his preferred presidential candidate, saying: “Dele Adesina is the best for Bar Presidency at this time of our history and the future of our profession.

“He not only packs a punch on progressive ideas and execution but has the most experience at leadership and change for the Bar and the legal profession. After NBA was resuscitated following the Port Harcourt imbroglio, it was under the regime of Chief Wole Olanipekun SAN 2002 – 2004 when Dele Adesina was the General Secretary that the Bar witnessed so many firsts in her development. Dele Adesina was in the Centre of them all and highly active in all those activities. I recall some of them like-

● The first (and I think the only so far) minimum wage guideline for legal practitioners that targeted young lawyers. Subsequent administrations abandoned the minimum wage guidelines. Young lawyers are still totally being marginalized, poorly paid and treated by the profession up till date.

● First NBA conference to be conducted in break-out sessions and simultaneous sessions. Before then annual conferences were organized in one hall like ‘dugbe’ market. The General Secretary was the administrator of annual conferences.

● First to resuscitate and relaunch the Nigerian Bar Journal. Seven editions were published in that tenure alone.

● First comprehensive review of the Legal Practitioners Act (2004).

● First enactment of the Stamp and Seal Regulation. The Regulation which was suggested by a committee was first captured in the draft Legal Practitioners Act of 2004, but later enacted in the RPC of 2007; and

● Of course, a first comprehensive reform of the administration of the NBA Secretariat.

“I personally know Dele and vouch for his integrity. The Bar needs a progressive President, a dedicated leader, a non-dictator, a democrat, a result-oriented leader, and a compassionate and strongly experienced Bar leader.

“Dele Adesina is the man. He will bring total turn around for the Bar and the Legal profession.

“I endorse Dele for NBA President without any hesitation whatsoever.”

It is recalled that Adesina had demanded cancellation of the poll due to alleged irregularities, calling it a “sham election.” It was unclear how the split will affect Adesina’s quest to upturn the poll, as call to his campaign directorate was not returned at press time.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

AKPATA WINS: AJIBADE, ALEGEH, YLF, EBF, MID-WEST FORUM HAIL HIM

BY EMEKA NWADIOKE

At exactly 12:53 am early today, the Chairman of the Electoral Committee of the Nigerian Bar Association (ECNBA), Mr. Tawo Eja Tawo SAN declared Tier-One solicitor, Mr. Olumide Akpata as winner of the NBA presidential election held last Wednesday and Thursday. Akpata is billed to be sworn in late August as the 30th NBA President.

The announcement of the official results, monitored by CITY LAWYER, was broadcast live on many social media handles and witnessed by ECNBA members, a broadcast station and some agents of the candidates in the election.

Though a total of 29,636 lawyers were accredited for the election, only 18,256 or 62 per cent of the voters succeeded in casting their ballots.

According to the ECNBA Chairman, Akpata polled 9,891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Mr. Dele Adesina SAN polled 3,982 votes (21.9 per cent) to bring up the rear.  Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with irregularities. The election was held via electionbuddy, an electronic voting software deployed by Edmonton, Canada based firm.

Other winners are John Martin who polled 6,010 votes to clinch the post of NBA First Vice President; Adeyemo Kazeem (Second Vice President with 8,794 votes); Joyce Oduah (General Secretary with 8,979 votes); Olukunle Edun (Welfare Secretary with 9001 votes); Rapulu Nduka (Publicity Secretary with 11,964 votes); Uchenna Nwadialo (Assistant Secretary with 7,314 votes) and Naza Afam (Assistant Publicity Secretary with 6,490 votes). Mercy Ijato Agada (Treasurer) and Raphael Anagor (Financial Secretary) polled 16, 487 votes and 15,824 votes as unopposed candidates.

Though Ajibade poked holes in the electoral process, he said in a statement that he had “called Mr. Olumide Akpata and congratulated him on his election as the 30th President of our great association, the Nigerian Bar Association, in the elections held on 29th – 30th July 2020.”

Commending the “level of the debate and the quality of the ideas that were brought forth,” Ajibade however expressed dissatisfaction with the electoral process, saying: “It is unfortunate that the process leading up to and during the election itself have, once again, not been devoid of controversy.  It is my fervent hope that we will get over these repeated challenges with conducting objectively free and fair elections into the leadership positions in the association.”

Saying that “we cannot succeed in addressing the challenges confronting our profession unless we unite,” Ajibade added: “I urge the incoming President and his executive to take deliberate and proactive steps to unite the Bar.”

Meanwhile, several Bar Leaders and forums have also congratulated Akpata on his victory.

Influential former NBA President, Mr. Augustine Alegeh SAN, who is believed to be a staunch supporter of Akpata, said: “I most heartily congratulate Olumide Akpata Esq. on his election as the 30th President of the NBA. I also felicitate with the other elected National Officers on their victory at the polls and urge Members of our Association to support the newly elected National Officers as they take steps to deliver on their mandate to lead the Bar for the next 2 years.”

He commended Adesina and Ajibade “for their maturity and candor,” and urged them to “work with the incoming President in his efforts to make Our Association better. This is a time for unity in the best interest of the Association.”

Saying the election would not have been possible due to the coronavirus pandemic save for the introduction of electronic voting, Alegeh stated that “elections are never perfect.” He urged the incoming administration to “improve on the gains recorded in the electronic voting system that guarantees universal suffrage under our Constitution.”

Commending the Usoro Administration “for the successful conduct of the elections and the efforts so far in moving the Bar forward on several fronts,” the erstwhile NBA President whose regime introduced universal suffrage and electronic voting said: “I know that the Incoming-President will be magnanimous in victory and will run an all-inclusive administration geared towards improving the NBA to handle its core mandate of promoting the rule of law, human rights as well as the welfare of its Members.”

The NBA Young Lawyers Forum (NBA-YLF) also congratulated Akpata and other elected National Officers on their victory. In a statement by the Chairman and Secretary of its Governing Council, Tobi Adebowale and Patricia Udeh, it said “The YLF remains unequivocally willing and available to engage with all relevant stakeholders for the benefit of Young Lawyers and all other members of the NBA.”

In a statement by the factional Chairman of Mid-West Bar Forum, Chief Chike Onyemenam SAN, the body congratulated Akpata, Aikpokpo-Martins and Edun on their “resounding and landslide victory,” adding that “by your victory at the polls which was  democratic, transparent and clearly demonstrated your acceptance by the entire members of the Nigerian Bar Association devoid of tribal or sectional considerations, you have done the members  of the 14 N.B.A. branches  of the Mid-West Bar Forum proud and  demonstrated to all that in spite of the shortcomings of the political class in our great nation’s efforts at democracy, Nigerian lawyers are still capable of conducting their own affairs in a democratic manner.”

On its part, the Eastern Bar Forum (EBF) in a statement by the Chairman, Mr. S. Long Williams, congratulated Akpata and other elected officers. It noted some lapses that bedeviled the poll, but described the election as “free, fair and credible.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA ELECTION CRISIS: AUDIT TO THE RESCUE?

BY EMEKA NWADIOKE

As the Nigerian Bar Association (NBA) 2020 Election inches to a close, the much anticipated inaugural audit of the election may be the elixir needed to calm frayed nerves and pull the poll away from the usual rancour that has bedeviled previous exercises.

Signs that the election may walk the troubled part of past polls emerged today when one of the presidential candidates, Mr. Dele Adesina SAN wrote to the Electoral Committee of the NBA (ECNBA) demanding cancellation of the election.

In a petition to the electoral committee, Adesina alleged that the election is fraught with irregularities, saying that the voters’ list “contained grave errors of omission and commission.” He listed some of the errors to include:

  1. Names of purported lawyers without branches ascribed to them from Serial Number 25171 to 29635;
  2. Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;
  3. Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
  4. Deletion of Names of Members removed from the Final List;
  5. Many Members names found their way to Branches other than their own Branch.

Adesina stated that though he took up the matter with NBA President, Mr. Paul Usoro SAN as well as with a member of the Electoral Committee, “Some explanations were made though unsatisfactory by which time voting had actually started.” He stated that the Electoral Committee “admitted this error” in their Statement No. 019 when they stated that “the situation is regretted but arose because members in the course of Verification did not fully update information on their current Branches and/or sex.” He however noted that “nothing was done to rectify the situation.”

The presidential candidate also alleged that the voters’ register was padded with over 180 voters, saying: “The Addition of Votes Recorded plus Notices yet undelivered amounted to 29,820 which is 185 votes over and above the total number of voters on the Voters Register.”

He also alleged that “the System used for this Election was said to have been registered the very day the Election was to start and MoU was signed on that same day. This was done all alone by the President of the NBA.” He added that “There was no opportunity to interrogate the System before the commencement of the Election in order to determine its vulnerability, security and capacity.”

Adesina has practically rejected the outcome of the election, calling it a “sham.” His words: “I call on you Mr. Chairman and Members of the Electoral Committee of the Nigerian Bar Association to cancel this sham Election. It is needless to say that if the process is bad, the product cannot be good.”

A similar statement by the Dele Adesina Support Group is fundamentally on all fours with Adesina’s petition. Its list of alleged infractions includes the following:

  1. Failure to release the final voters list within constitutionally prescribed period.
  2. Over 4000 names were without Branches as required by the NBA Constitution.
  3. 86 lawyers were described as belonging to International Diaspora contrary to the provision of the NBA Constitution.
  4. Padding of Voters’ list of some Branches, and reduction in the number of published voters’ list of others. An example is Obollo-Afor Branch which has over 661 names on the voters list when the actual voters list is less than 60.
  5. Several branches had names of hitherto eligible voters removed from the final list.
  6. Several members had their names listed in Branches other than theirs.
  7. Many members have reported that they received notification of confirmation of voting when they neither received voting links nor voted.

At least one candidate for the post of General Secretary also complained bitterly to CITY LAWYER on what is generally perceived as a highly jaundiced voters’ list.

There is no gainsaying that the verified voters’ list as released by the electoral committee was seemingly an anti-climax, as it failed to build on the more robust “final list” released by the ECNBA. Apparently, the “clean up” of the final voters’ list was largely unsuccessful. It also does not seem that the electoral committee’s explanation on the issue fully exonerates it from blame. For example, how does it explain the increase in the number of voters for Obollo Afor by about 600 among sundry gaps.

Also, it is yet to be determined the number of eager and eligible voters who were disenfranchised by non-receipt of voting links either via email or short messaging service. While some of the affected voters contacted CITY LAWYER on the subject, subsequent feedback was not quite satisfactory.

There is no gainsaying that the electoral committee got it right with its appointment of ELECTIONBUDDY, a world class voting management software for the election. The Help Desk was also generally functional.

However, it is instructive that the voters’ list is not only central to any election, but is especially critical for electronic voting given the garbage in-garbage out concept.

It is refreshing that the ECNBA has promised an audit of the election. Hopefully, a comprehensive audit will answer all the posers raised by the stakeholders and pull the association back from another tumultuous era.

 

ADESINA ASKS ECNBA TO CANCEL ONGOING NBA ELECTION

BY EMEKA NWADIOKE

Nigerian Bar Association (NBA) presidential candidate, Mr. Dele Adesina SAN has asked the Electoral Committee of the NBA (ECNBA) to cancel the ongoing National Officers Election, saying it is fraught with irregularities.

In a letter to ECNBA Chairman, Mr. Tawo Tawo SAN dated 30th July, 2020 and personally signed by him, Adesina stated that the voters’ list “contained grave errors of omission and commission,” listing some of the errors as:

1. Names of purported Lawyers without Branches ascribed to them from Serial Number 25171 to 29635;
2. Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;

3. Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
4. Deletion of Names of Members removed from the Final List;
5. Many Members names found their way to Branches other than their own Branch.

According to Adesina, “I took this matter up in a telephone discussion with the other two Presidential Candidates, Dr. Babatunde Ajibade SAN and Olumide Akpata Esq. and a preferred suggestion was made that the matter be taken up informally with the Committee Members in the interest of the integrity of the Association. In furtherance of this, I raised the above issues with the President of the NBA and a member of the Electoral Committee. Some explanations were made though unsatisfactory by which time voting had actually started. The Electoral Committee admitted this error in their Statement No. 019 when they said among other things that “the situation is regretted but arose because members in the course of Verification did not fully update information on their current Branches and/ or sex.” Yet, nothing was done to rectify the situation.”

He also alleged that the voters’ register was padded with over 180 voters, saying: “The Addition of Votes Recorded plus Notices yet undelivered amounted to 29,820 which is 185 votes over and above the total number of voters on the Voters Register.”

He also alleged that “the System used for this Election was said to have been registered the very day the Election was to start and MoU was signed on that same day. This was done all alone by the President of the NBA.” He added that “There was no opportunity to interrogate the System before the commencement of the Election in order to determine its vulnerability, security and capacity.”

Delivering his verdict, Adesina said: “I call on you Mr. Chairman and Members of the Electoral Committee of the Nigerian Bar Association to cancel this sham Election. It is needless to say that if the process is bad, the product cannot be good.”

In a similar statement sent to CITY LAWYER and signed by Mr. Adesina Adegbite, National Coordinator of Dele Adesina Support Group, the group listed several infractions which it alleged marred the poll, saying: “From the foregoing, there is no doubt that the ongoing NBA Election lacks all features of credibility and transparency. We are therefore by this notice demanding immediate suspension of the ongoing election process to a later date when a clean list must have been prepared and published. The ongoing process is discredited and does not represent the dignity of our most honourable profession.”

Titled “RE: THE NIGERIAN BAR ASSOCIATION 2020 NATIONAL OFFICERS ELECTION: PETITION AGAINST THE MANAGEMENT OF THE ELECTORAL PROCESS,” the statement also listed some of the alleged infractions to include:

1. Failure to release the final voters list within constitutionally prescribed period.
2. Over 4000 names were without Branches as required by the NBA Constitution.

3. 86 lawyers were described as belonging to International Diaspora contrary to the provision of the NBA Constitution.
4. Padding of Voters’ list of some Branches, and reduction in the number of published voters’ list of others. An example is Obollo-Afor Branch which
has over 661 names on the voters list when the actual voters list is less than 60.
5. Several branches had names of hitherto eligible voters removed from the final list.
6. Several members had their names listed in Branches other than theirs.
7. Many members have reported that they received notification of confirmation of voting when they neither received voting links nor voted.

DASAN PETITION

ADESINA STATEMENT

ECNBA SAYS 13,000 VOTERS HAVE CAST BALLOTS

The Electoral Committee of the Nigerian Bar Association (ECNBA) has stated that over 13,000 lawyers have voted in the ongoing NBA National Officers Election, even as the electoral umpire is worried that many eligible voters may not receive their voting links due to telecommunication challenges.

Below is the full text of the ECNBA statement:

The ECNBA can confirm that over 13,000 individuals have voted in the ongoing NBA National Officers elections so far.

The ECNBA however clarifies that, Notices observed on the live voting platform as undeliverable can be attributable to any of the following 5 reasons:

  1. Voter has an inactive Phone Number
  2. Voter has invalid Phone Number (does not exist or is too short or too long)
  3. Voter has invalid Email Address (Wrongly spelt and does not exist OR their Domain has expired)
  4. Spam Filter on Voter’s email blocking direct delivery of emails. Voter can check Spam folder.
  5. DND is active on Voter’s phone and the message has been blocked by Telecommunication company.

 To deactivate DND take the following action:

  • 9mobile (Etisalat) numbers, Text START to 2442.
  • MTN numbers, Text ALLOW to 2442.
  • Glo numbers, Text CANCEL to 2442.
  • Airtel numbers, Text ALLOW to 2442.

Note also that the election server makes 5 attempts to deliver to each phone number/email and all those failed attempts are reflected as undeliverable. A subsequent attempt could still be successful if the challenge is resolved.

The ECNBA can confirm at the last check that at least 1,886 individuals of the Undeliverable Notices displayed on the live monitoring platform have since voted, because they got the message through one of the two channels used – Email or SMS.  The committee also confirms that messages have been sent using local networks to up to 8,000 numbers with active DND advising them to deactivate same.

Voters yet to view the election link through their email or SMS, are advised to ensure that DND is deactivated on their phones and check Spam folder in their emails.

The ECNBA continues to monitor and troubleshoot and will provide updates as necessary and required.

The ECNBA election hotline 070055552020 is still available for support to voters.

Dated this 30th day of July, 2020

Cordelia U. Eke(Mrs.)

Secretary, ECNBA

EXCLUSIVE: US VENDOR TO CONDUCT NBA ELECTIONS, AS COMPLAINTS MAR VOTERS’ LIST

BY EMEKA NWADIOKE

  • OJUKWU CALLS NEW VOTERS’ LIST A ‘FRAUD’

  • ‘INTERNATIONAL DIASPORA’ LISTED AS NBA BRANCH

  • OBOLLO AFOR JUMPS FROM 39 TO 662 MEMBERS

  • ECNBA ASSURES VOTERS AGAIN

A United States based electronic voting company will conduct the Nigerian Bar Association (NBA) Elections, CITY LAWYER can authoritatively report.

This puts to rest all speculations regarding whether the Electoral Committee of the NBA (ECNBA) will deploy the controversial NBA Election Portal for the election. The NBA portal is alleged to be fraught with many gaps that can be exploited to rig the election.

CITY LAWYER gathered that though there were pressures on the electoral committee to deploy the NBA Portal, the members opted for a vendor with proven track record in e-voting, emphasizing that their reputations were at stake.

Meanwhile, it is not yet uhuru for the final list of verified voters released today by the electoral committee, as cases of missing names and padding still ravage the latest list. This is notwithstanding that 9, 686 names were purged from the “final list” of 39, 321 eligible voters to bring the current verified figure to 29, 635.

A case in point is Obollo Afor Branch which jumped from a meager 39 members on the previous list to a whopping 662 on the latest list. An amorphous branch called “International Diaspora” has no less than 87 names on the voters’ list, while over 4, 500 names had no branches listed against them.

Commenting on the current crisis, former NBA presidential candidate, Prof. Ernest Ojukwu said: “Nigerian Bar Association 2020 – The Electoral Committee’s final list of accredited voters is a fraud! Names have been included in Branches where such names don’t exist as members. We are ready to vote on a platform of fraud again!!!”

But in its latest statement on the complaints, the ECNBA said: 

On this 29/7/2020, the ECNBA circulated the list of accredited voters for the NBA National Officers election 2020 slated to commence at 11:00PM of Wednesday, 29/7/2020.

Members are assured that the unique identifier of each voter to be able to vote remains the enrollment number which is peculiar to each voter.

The ECNBA received complaints of members being placed in branches other than their own. This situation is regretted, but arose because members in the course of verification did not fully update information on their current branches and or sex and consequently were assigned the default positions (place holder) on the verification platform.

Members are advised to proceed to vote and disregard any such branches and or sex assigned to them as these do not bear on eligibility, convenience or result of the elections.

Members may wish to update their details on the membership portal of the NBA after the elections. In respect of omitted names, please see the ECNBA previous statements, more particularly ECNBA Statement No.018

Remember ballot opens at 11.00pm today, happy voting.

One Odufa itemized some of the issues that bedevil the voters list as follows:
1. Uromi Branch which had 45 eligible voters on the final lost after the verification only 20 names were released out of which only 9 are actual members while the other 11 are unknown Yoruba names.

2. A branch Called “International Diaspora ” has 87 fictitious names. From number 12182 – number 12268 on the just released Verified List.

3. One Mr. Iredia Osifo who didn’t pay his practicing fees or Branch dues found his name on the just released Verified List. See No 5793.

4. Miss. Yat Ulan Amos didn’t pay her branch dues but her name appeared on the Verified List. See Number 3535.
5. The Aba branch had 435 names on the final list but now have over 471 names on the Verified List.

6. Members of the Isiokpo Branch discovered only 48 names of their members were released on the Verified List as against the 84 names that were previously published on the Final voter’s list.

7. Ikorodu Branch which had about 233 names on the previously released voter’s list now has only 132 names. Leaving over 100 members disenfranchised.

8. Sapele branch was formerly 100 names now 70 names out of which 20 are not branch members.

THE HANKY-PANKY OF ECNBA 2020
My attention has been drawn to the last and most recent provisional list of eligible voters published this afternoon by the ECNBA 2020 in preparation for voting which will commence by 11:00pm today. As expected, it behooves on me to check and confirm that my name and that of my colleagues in the Uyo Branch are included.

To my greatest chagrin, my name was not found in the list, and some of my colleagues who also did not find their names have called me to question why their names are omitted when they conspicuously made it to the first and second provisional list earlier published by the ECNBA 2020.

This unfortunate development raises a very serious requisition as to the competence and credibility of the ECNBA 2020 in conducting a free and fair election in the face of abundant malpractices and omissions observed by some members of our Association.

My observations are as follows:

1. Majority of members of Uyo Branch of NBA who were conspicuously listed in the first and second provisional list earlier published, who also ensured they were verified in preparation to participate in the election today, are not found in the third but last provisional list published this afternoon.

2. The names of colleagues and members who did not make it to the first or second provisional list, who as at the 31st day of March, 2020, did not pay their BPF and Branch dues, talk more of being verified, are rather miraculously included in the third but last provisional list published this afternoon.

3. As the Assistant Secretary of Uyo Branch of NBA who has knowledge of members of the Branch, it is also very shocking that some of the names allotted by the ECNBA to form the list of eligible voters from Uyo Branch are strange and unknown to our secretariat.

4. Finally, the names and branches of eligible voters in the first and second provisional list earlier published by the ECNBA were arranged alphabetically for easy readability and identification of members, compared to the third but last provisional list published this afternoon, wherein names are scattered randomly with no orderly compilation, and thousands of other names are just mentioned on the list without alloting them to their various registered Branches for easy identification and confirmation.

In the face of these unfortunate and worrisome observations, more so in consideration of voting which will commence by 11:00pm today, one will ponder on the kind of hanky-panky the ECNBA 2020 is displaying. It is unfortunate that the would be eligible voters have been disenfranchised and non-eligible and strange names have been enfranchised to vote today starting from 11:00pm.

My confidence in the ECNBA 2020 is bleak.

Udeme Rivers
Assistant Secretary
NBA, Uyo

Which one is “international diaspora “. I thought to be eligible to vote, a person must belong to a Bar Branch in Nigeria.

IMPORTANT NOTICE!!!

Dear All,

The ECNBA has just released a list of Accredited Voters of 29,635 names, which is attached below for ease of reference.

Kindly go through the list and ascertain that you name is contained therein. If your name had previously been on the Fnal Voters List as released by the ECNBA and now omitted from this newly released one, kindly send me an email urgently at: nbalagoschairman@gmail.com.

Please note that by the newly released statement from the ECNBA, campaigns are hereby suspended forthwith. Therefore, all members are urged not further post any campaign material on the platforms.

Kind regards
Yemi Akangbe
Chairman, NBA Lagos.

U. Emiri

This list is riddled with errors, most oleh branch lawyers are listed under ughelli branch. This is so disheartening, that ECNBA is not able to get it right this time again.

Caleb Adebayo

Just like we suspected, the ECNBA has repeatedly revealed its incompetence. And to think they kept acting like they had everything under control. So many errors in the list!

Good evening, Tawo Tawo (SAN), Chairman, ECNBA.

I am Samuel Chukwuemeka Odoh Esq, chairman of Sapele Branch, and I am writing you, for and on behalf of the entire members of the Sapele Branch of the NBA.

We hereby, unequivocally register the *PROTEST of the entire members of our branch on the monumental travesty done to our branch. Our members have just gone through the so-called final list of voters published by you a few hours ago.

After a very thorough perusal of the list of indicated for Sapele Branch, we were shocked to find that only 70 (seventy) names were published out over 100 (one hundred) names published in the provisional names! Our members who successfully verified are over 100 (one hundred)!

To make matters doubly worse, the 70 (seventy) names published this evening contains 20 (twenty) names who are neither known to us nor our members! We believe they are fictitious names added under our column to perpetrate fraud in this elections!

We therefore protest vehemently and demand that the situation be resolved immediately.

If our above demand cannot be granted, we hereby call for an outright CANCELATION or POSTPONEMENT of the election to a future date, as it is obvious that you are ill prepared to carry out this sacred for which you were appointed!

Thanks.

S. C. Odoh Esq.
Chairman, NBA Sapele Branch.

A PLOY TO DISENFRANCHISE MEMBERS OF THE NBA, SAPELE BRANCH FROM EXERCISING THE RIGHT TO VOTE IN THE NBA, 2020 ELECTION.
I am OKE ODINDE, ESQ, the YLF Chairman, Ex-Publicity Secretary of NBA, Sapele Branch and the “I.T Man” of NBA, Sapele Branch. I worked with the immediate past Chairman of the Branch to prepare eligible names of Branch Members and same was sent to ECNBA.

When the ECNBA released the provisional list containing the names of our eligible voters, we had 115 eligible voters from our Branch.

It is very unfortunate to state that the numbers of eligible voters of our Branch has been reduced in the just published ACCREDITED LIST.

On the said accredited list are 70 supposed names of Sapele Branch Members but the reality is that 20 names stated on the list are not members of the Sapele Branch.

Names of Persons stated to be Sapele Baranch Members on the ECNBA ACCREDITED LIST (but in actual sense are not Members); are listed hereunder.
1. BABADIDI, MELE JASCO
2. OMORDIA, NGOZI OBIAGELI
3. SAKA, RASAK AYODEJI
4. DUROSINMI, ETTI LOOKMAN
5. CHIGBO, CHINONSO FESTUS
6. AKPORHONOR, EMILY ONOME
7. ADENIRAN, ABAYOMI ADEYEMI
8. ADEJOH, JIBRIN YUSUF
9. OJIAKU, STANLEY ARINZECHUKWU
10. OBAWEYA, TAIWO FOLUKE
11. ANAENUGWU, ANTHONY CHUKWUEMEKA
12. EKWALE, SARAH OCHUKO
13. OVEDHE, NATHAN TIMOTHY
14. MARTINOS, FRANCIS OLUYOMI
15. AKEREDOLU, YEWANDE YINKA
16. CHEGWE, WEYIMI ANITA
17. AKEREDOLU, YEWANDE YINKA
18. GESE, IORSE SIMON
19. OKWUAGBALA, UCHE IRUOMA
20. GOLD, KHADIJAT KUBURA

This is a ploy to disenfranchise our Branch Members.
Our questions are
1. What happened to the Provisional List that contains the complete names of eligible voters.
2. Why would the ECNBA add names not in the Sapele Branch to the Sapele Branch List?
3. Why would the ECNBA reduce the Sapele Branch Members from 115 to 52 Members?
This is unacceptable…
OKE ODINDE ESQ.
NBA, SAPELE BRANCH, YLF CHAIRMAN

THE YLF CHAIRMAN, NWABAA CLINTON AMONG OVER A HUNDRED VOTERS FROM IKORODU BRANCH, DECRIES HIS RUTHLESS DISENFRANCHISEMENT BY THE ECNBA 3 HOURS TO NBA NATIONAL ELECTIONS; CALLS FOR RECTIFICATION OF THE ACCREDITED VOTERS LIST BEFORE THE VOTING EXERCISE.

“My name is Nwabaa Clinton O. I’m a lawyer and an active member of NBA Ikorodu branch and also the present chairman young lawyers forum, Ikorodu branch.

The NBA Ikorodu falls within 11507-11639 that means that the only accredited voters of my branch are 132 leaving well over 100 active voters disenfranchised.

I hereby raised objection to this election and as well put NBA on notice to show cause why the election should be held as I’m disenfranchised.

Shola Abiloye

Something to keep us busy until 11pm tonight. Collating the list of accredited voters in alphabetical order should be the simplest of things for the ECNBA. Why punish people because they want to vote?

Uche Ogwo

I have zoomed and zoomed and peered into and around this list, i have checked for my name and maiden name and both are not there!!!!!. I did all including the verification and got a mail saying I was verified and I CAN’T SEE MY NAME!!!. Let me not be hasty please if anyone sees Uchenna Chinyere Ogwo or Uchenna Chinyere Nweke, kindly notify me because I MUST VOTE!!!. Why my name must always be omitted is totally beyond my understanding 🤷♀️🤦

Raqeebah Oloko

Thank you so much. I have seen it. They didn’t put it under Lagos Branch and when you type search it wont come up.

Thank you yinka for saving me the trouble as I have started writing to ecnba. No time to waste when election is just less than 3hrs away

SIMPLE I. DIOHA

Good evening Sir.

I have gone through the Isiokpo Branch list and discovered that out of the original about 84 names published in all the previous lists, we now have only 48 names published.

I suspect serious mischief in the exercise because many of those whose names were omitted did their verification in my presence.

For example one IZEOMA ORLU-AKWU did her verification in my presence. Now she could not find her name in this present list despite her name had appeared in all the previous lists.

Please urgent attention is needed.

Thanks.

SIMPLE I. DIOHA, ESQ.
NBA, ISIOKPO BRANCH, RIVERS STATE.

EDITORIAL: NBA ELECTIONS 2020 – WHY WE MUST GET IT RIGHT

In a matter of hours, the Nigerian Bar Association (NBA) 2020 National Elections will get underway. Unsurprisingly, the election has attracted frenzied interest from key stakeholders. The campaigns have been electrifying.

The run-up to the election has been thorny, occasionally uncertain. The compilation of the voters’ list was a near nightmare. Even on the eve of the election, the Electoral Committee of the NBA (ECNBA) is battling to deliver a clean copy of the voters’ list. Although the Electoral Committee, mindful of the provisions of the NBA Constitution (as amended), had hurriedly published a voters’ list, it soon walked into expected controversies, given the surfeit of duplications and a few strange names on the list.

The Electoral Committee has reported a record 29,635 verified voters in excess of the 39, 321 eligible voters. Given that the 2018 NBA Election posted only 16,825 or less than 50 per cent verified voters out of the 32,228 eligible voters, this is highly commendable. In fact, there are strong indications that this number would have been higher if the verification process was more seamless. What is more, CITY LAWYER reliably gathered that the Electoral Committee members went beyond the call of duty in compilation of the voters’ list. We owe the Electoral Committee members a debt of gratitude for their sacrifice.

Equally refreshing is that the Tawo Eja Tawo SAN-led committee has been especially conscious of meeting the electoral timelines set by the NBA Constitution (as amended), notwithstanding significant challenges posed especially by the coronavirus pandemic.

Accordingly, delivering a clean voters’ list is one solemn duty and commitment the Electoral Committee must not shirk. It is the foundation on which every election rises or falls.

Another issue that has gained currency among key stakeholders is the integrity of the voting portal for the election. While the NBA leadership had incorporated an election portal in the revamped NBA website and offered same to the committee as an option for the election, some key stakeholders have poked holes on the integrity of the NBA Election portal. This has not been helped by the alleged opacity that attended the building of the voting portal.

Some stakeholders have contended that the committee’s reluctance to disclose key elements of the electoral process – including its Information Technology Consultant, the voting portal and its vendor – detracts from the high level of transparency that ought to attend the entire electoral process. On its part, the electoral committee contends that its warehousing of information on the critical election elements is a deliberate strategy to safeguard the integrity of the process. It has also stated that it is speculative that the committee would deploy the NBA Election portal for the poll.

However, aside from the alleged porous nature of the ‘voting portal,’ what is perhaps more worrisome is the speculated tampering with the NBA portal by unknown persons. In a petition to the electoral committee, one of the presidential candidates had alleged that “the NBA portal on which the verification exercise is being conducted appears not to be secure and can be easily manipulated.”

Even more damning is the allegation vide a technical report by the candidate’s ICT experts that Cross-Site Request Forgery (CSRF), an attack that tricks the victim into loading a page that contains a malicious request, “was exploited few weeks ago on the NBA portal where many users made complaints of their password being changed without their taking such actions personally.” Given several complaints by eligible voters on the subject, we urge the electoral committee to thoroughly investigate this charge in order to ensure that it does not imperil the election. This is moreso as the ECNBA has not rebutted the allegation till date.

It is noteworthy that more recent NBA Elections have been strewn with controversies and allegations of rigging. Both have ended up in court, while the 2018 Election led to the filing of a petition at the Economic and Financial Crimes Commission (EFCC). It behoves on the electoral committee to do all within its power to obviate a recurrence and save the noble profession the odium that invariably attends a contentious poll.

There is also the pressing need to activate a functional internal dispute resolution mechanism. As stated in our inaugural editorial, although Section 16 of the NBA Constitution provides that “No aggrieved member shall resort to the court unless his/her complaint must have been considered and disposed of by the Dispute Resolution Committee; provided that such complaint of member shall be decided by the Committee within sixty (60) days of receipt of the complaint,” this has been observed more in breach. Given that the Trustees are the soul of unions such as the NBA, the association’s Trustees are expected to play a crucial role in mediating any dispute that may arise from the elections. However, given that perhaps most of the Trustees have inexplicably thrown their hats into the ring, it remains to be seen whether potential combatants will still repose requisite confidence in them to do justice.

On the other hand, the candidates must not see the election as a do-or-die combat. The spirit of sportsmanship must pervade the entire space. This is increasingly possible where the electoral process is seen to be free, fair, transparent and credible. Winners must also be magnanimous in victory. This will engender the much needed rapprochement at the Bar.

It has been said that electronic voting is no longer rocket science. Not only has many associations in Nigeria deployed it repeatedly for rancour-free elections, technological advancements have made it sufficiently safe, with many reputable and world class e-voting companies pervading the space. Accordingly, everything turns on the political will to deliver a free, fair and credible poll. That will undoubtedly be the best legacy of the Usoro Administration.

29,635 VOTERS TO ELECT NEXT NBA PRESIDENT

BY EMEKA NWADIOKE

  • ECNBA PURGES 1604 NAMES FROM VOTERS’ LIST

  • BARS FURTHER CAMPAIGNS

  • WARNS AGAINST PARALLEL ‘HELP DESKS’

The Electoral Committee of the Nigerian Bar Association (ECNBA) has finally released the full list of verified voters for the NBA Elections commencing at 11 pm today.

In its Statement No. 018, the Electoral Committee has barred further campaigns as well as Help Desks except the one set up by the committee. 

Below is the full text of the statement:

Further to the publication of the full list of legal practitioners qualified to vote, the ECNBA now presents a total of 29,635 verified and duly accredited members who have fulfilled all requirements for voting in the NBA National Officers elections 2020. This figure excludes 1604 names with duplicated phone numbers and/or email addresses.

As the voting commences by 11:00 PM today, 29th July, 2020, we urge all members to conduct themselves in the respectable manner for which the legal profession is known. All Candidates and their supporters are also advised to desist from any form of campaigns forthwith.

The ECNBA reiterates that private helpdesks for the purpose of this election by Candidates, their supporters and NBA Branches are not allowed.

The ECNBA Support helpline for purpose of the election is: 0700 5555 2020. The helpdesk will be open from 10.00PM on the 29th of July 2020.

Voters who desire to observe this election real time from the comfort of their locations can do so using the unique link provided for the voting.

Happy Voting!

Dated this 29th day of July, 2020

TAWO E. TAWO, SAN                    CORDELIA U. EKE

CHAIRMAN, ECNBA                            SECRETARY

Click to the link below for the accredited list

https://nigerianbar.org.ng/sites/default/files/inline-files/ACCREDITED%20LIST.pdf

ELECTORAL C’TE RELEASES VOTING GUIDELINES

The eagerly awaited guidelines for tomorrow’s elections have now been released by the Electoral Committee of the NBA (ECNBA).

Setting out the voting protocols in its ECNBA STATEMENT NO 017, the electoral committee assured that voters would receive a certificate after voting.

Below is the text of the statement:

GUIDELINES FOR ELECTRONIC VOTING

  1. Ballot shall open at 11:00 PM on Wednesday 29th July, 2020 and end at 11:00 PM on Thursday 30th July, 2020 (24 hours).
  2. Every voter shall receive an Email and/or SMS notification for the declaration of the opening of polls to all eligible voters on the day of the election
  3. Every voter is expected to click on the personalized voting link provided via the received Email and/or SMS notification;
  4. The voter would then enter his/her Supreme Court Number beginning with “SCN…” after which the voter would click on the “authenticate” button to proceed;
  5. The voter would proceed by viewing the list of available positions and candidates and selecting his/her choice of candidate or abstain from voting. A voter must make a choice at this stage;
  6. The voter would either verify his/her choice made by submitting the ballot or change his/her choice by editing the ballot before submission.
  7. Upon submission, the voter will receive a ballot submission verification code on the device screen as well as his/her registered email.
  8. The voter should keep the verification code safe for audit purposes.

Dated this 28th day of July 2020

Tawo E. Tawo, SAN

Chairman

EXCLUSIVE: CONCERNS MOUNT ON VOTING PLATFORM FOR NBA ELECTION

BY EMEKA NWADIOKE

‘NO CAUSE FOR ALARM,’ SAYS ECNBA

There are strong indications that the Electoral Committee of the Nigerian Bar Association (ECNBA) is making frantic efforts to fortify the NBA Election Portal and deploy it for the election now shifted to commence tomorrow evening.

The electoral committee had in its latest statement moved the election from midnight today to 11 pm tomorrow, even as it gave no reason for the shift which is coming barely a few hours to the earlier commencement schedule.

But CITY LAWYER reliably gathered that the shift may not be unconnected with strong indications that the electoral committee is yet to conclude a clean-up of the voters’ list. The ECNBA Chairman, Mr. Tawo Tawo SAN had told a stakeholders’ meeting yesterday that the clean-up would be concluded by midnight, while a final list of verified voters was expected to be published today by the electoral committee. A source who is familiar with the process however told CITY LAWYER that the clean-up is still ongoing and may not be concluded until tomorrow. The committee had stated that over 30,000 eligible voters participated in the verification exercise.

CITY LAWYER also gathered that the electoral committee may have insisted on deploying the controversial NBA Election Platform delivered to it by the current administration for the election, even as it is making efforts to plug the gaps on the portal.

However, the ECNBA told CITY LAWYER today that there is no cause for worry, adding that the technology to be deployed for the election would be “seamless.” 

According to a source who is familiar with the process, “They (ECNBA) are still updating the NBA platform up until now. The database of the election collation is now being hosted on another IP. They will only make that one active on the day of the election.”

Continuing, the source said: “The only option they have is implement a third party election collation system like VOTE NOW api, then use it within the NBA portal environment. I believe they are integrating to use a third party collation system within the platform. That is using a system like VOTE NOW but within the NBA or another IP as they know this present one is closely monitored.”

But ECNBA Secretary Cordelia Eke told CITY LAWYER that some of the stakeholders “assumed we were going to use the NBA Election portal.” She however said that the electoral committee “wants the best” and would abide by the advice of its IT Consultants. 

According to the ECNBA scribe, “We have done test runs. The platform we will use tomorrow will be endorsed by our IT Consultants. It is to be noted that the number of eligible voters for the election is a critical factor in deciding on the voting portal. This is the highest number of eligible voters so far when compared with the two previous elections. But rest assured that the process will be seamless. We all have our integrity and we will want to complete this assignment with our integrity intact. We will deploy the best platform for the election.”

Continuing, she said the “silence” on the part of the committee was to ensure the security of the process, adding that some mischief makers were bound to attempt to truncate the process “whichever platform you use.”

She assured that voters will receive a certificate after voting aside from an audit of the entire election, adding that the committee is making extra efforts to clean up the voters’ list and ensure that no eligible voter is disenfranchised. Her words: “Be assured that the voters’ list would be published before the voting exercise.”

It is recalled that some candidates have raised concerns on the reliability of the voting portal, even as the electoral committee refused yesterday to confirm whether the election will be hosted on the NBA Election portal as speculated. The Dele Adesina SAN (DASAN) Group had queried the electoral process, saying: “We are yet to receive any information from the ECNBA regarding the Service Provider who would conduct and manage the electoral process in respect of accreditation, voting, computation of votes, and declaration of results.”

The group also queried compilation of the voters’ list, saying that “the Voters List for Abuja and Lagos Branches, as typical examples, are tainted by severe irregularities which are yet to be addressed, even though official petitions have been written to the ECNBA.”

A technical report by consultants hired by another presidential candidate, Mr. Olu Akpata was more damning on the integrity of the voting portal. In a petition to ECNBA, Akpata stated that “Even more distressing is the fact that the NBA portal on which the verification exercise is being conducted appears not to be secure and can be easily manipulated.”

The report by the ICT experts stated that “we carried out a vulnerability assessment of the web platform with IP 130.61.106.164 and came up with the following deductions: That the NBA Portal is built on Drupal 8, an Open Source Content Management Software. The platform is a template edited for the NBA; That the NBA portal has a vulnerability severity rating between 4 – 7 based on discovered vulnerability exposures.”

The report noted that Cross-Site Request Forgery (CSRF), an attack that tricks the victim into loading a page that contains a malicious request, “was exploited few weeks ago on the NBA portal where many users made complaints of their password being changed without their taking such actions personally.”

The experts recommended the following remedial measures:
* A Unique Customized Secure Platform Built Specifically For The NBA: An organization with such repute and standard as the Nigerian Bar Association requires a unique software architecture and security framework used to build a customized web portal for all its services.
* Remediation of Security Vulnerabilities: This refers to the process by which vulnerabilities identified are resolved and further threats to the platform is prevented.
* Constant Vulnerability Assessment: There should be a set standard procedure for running assessment and penetration test constantly to keep the platform updated in line with global security standards and its defence capable of deterring any such cyber-attacks.

But in a searing reposte, the electoral committee lampooned Akpata for the petition, accusing him of gaining “unauthorized access” to the NBA portal. Said Tawo: “The committee therefore deprecates in strong terms the various attempts by individuals who in an attempt to force the hand of the ECNBA, some of who are members of the profession, to gain unauthorized access to the NBA website and going further to publish a report showing perceived weaknesses of the site to the world. This action is so sad to say, not expected of gentlemen of our noble profession.”

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‘WE MUST PROTECT, PROJECT RULE OF LAW,’ – ALEX MUOKA

The Rule of Law is sacrosanct in any democratic Society. Consequently, it must be protected and projected at all times. The entrenchment of the Rule of Law in Nigeria is in our interest because the Law and legal practitioners can only thrive where the Rule of Law thrives.

It is instructive that the motto of the Nigerian Bar Association is “Promoting the Rule of Law”. In line with this, the very first aim and objective of our great Association is the “Maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria”, and many of the other objects speak to the role of the Association in promoting the efficient administration of justice, law reform, legal aid and access to courts, and respect for fundamental rights.

The NBA is widely regarded as the premier non-state actor in the constant battle for the promotion of the rule of law, and it is important in 2020 to put forward a bar leadership that will help to restore our pride of place as ‘the bastion of hope for the common man’. I propose to ensure this by working with the NBA President, national officers and other stakeholders to:

a) Ensure that the Rule of Law is upheld by State actors;

b) Champion public interest litigation to protect the rights of citizens and members from abuse;

c) Support the advocacy for implementation of fiscal independence for the Nigeria judiciary;

d) Liaise with the judiciary and offer support to facilitate the efficient administration of justice in Nigeria;

e) Sensitize lawyers and the general public by organizing workshops, conferences and summits on human rights and the rule of law;

f) Offer leadership and a focal rallying point to all Nigerians and relevant institutions in defending and expanding the frontiers of the Rule of Law;

g) Strengthen the Pro Bono and legal aid programmes of the NBA to make their impact felt (especially) by indigent members of the society; and

h) Propose a “legislative desk” for the NBA at the National Assembly which shall be saddled with the task of legislative advocacy, monitoring and liaising with the law makers in the task of enacting laws.

The NBA must live up to its name and reputation, and I will like to play my part. If you elect me as General Secretary of the NBA, I Pledge to serve with the passion, integrity and efficiency for which I am well known, and to pursue this and five (5) other Core Pursuits which I have elaborated on in MY MANIFESTO to deliver a ‘Fit For Purpose’ Bar Secretariat. My Profile and Manifesto have been uploaded by the ECNBA and can be viewed at (or downloaded from) https://nigerianbar.org.ng/node/257.

I will place my time, energy, talents, experience and resources at the disposal of the Bar for the next two years, and offer the kind of premium stewardship which the Bar definitely needs at this time. The Bar needs a great scribe. I have been tried, tested and adjudged to be one.

I seek your mandate. Let’s do this together.

Alexander Nduka MUOKA
Candidate for General Secretary of the NBA

‘STOP THE KILLINGS NOW!’ ADEGBORUWA TELLS BUHARI

BY EBUN-OLU ADEGBORUWA, SAN

In the course of last week, both Chambers of the National Assembly took up the issue of failing security across the land. Whilst the Senate asked that the service chiefs be sacked, the House of Representatives interacted with the security agencies. It is now clear to all and sundry, at least from the comments and contributions of lawmakers across party lines, that Nigeria is approaching a failed state. The pogrom going on in Southern Kaduna presently is totally unacceptable. In a programme that I monitored on television recently, a presidential aide was challenged to take a drive around his constituency without security patrol if indeed he feels Nigeria is safe enough. The worsening security situation across the land should be a cause for concern to all of us. The President has a duty to act fast, as the Commander-in-Chief of the Armed Forces of Nigeria.

Nigeria became a State formally in 1960, with sovereign powers transferred from the British colonialists to the representatives of the people. By law however, section 2 (1) of the 1999 Constitution states that “Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria”, and by section 2 (2) thereof, “Nigeria shall be a Federation consisting of states and a Federal Capital Territory”. So, in the real sense of the word, Nigeria is created as a sovereign state consisting of federating units. Fair enough, the same Constitution that created the Nigerian Federation also specified the kind of powers that it should exercise and the functions it should perform, for its citizens. In this regard, Chapter 2 of the self-same Constitution, comes to bear. I will limit myself for this discourse however, to section 14 of the Constitution.

Under and by virtue of section 14 (2) (a), “sovereignty belongs to the people of Nigeria from whom government through this Constitution, derives ALL its powers and authority” (emphasis supplied). In very simple terms therefore, the sovereignty attached to the entity known as the Federal Republic of Nigeria, resides in the people of Nigeria. In essence, all our leaders hold power in trust for the people of Nigeria and they cannot go on acting as if it is the other way round. To break it down more, there is no President who should claim to be in power, there is no Governor who should assert any authority and there should be no legislative house or even a court of law, that should rule over and above the people and be lording policies and decisions over them. Power belongs to the people, pure and simple. The fact that the people of Africa and especially Nigeria, have been living in the opposite of civility and modernisation, whereby those elected into office by the people turn around to arrogate power to themselves, cannot be an excuse to obfuscate this simple truth.

Now to section 14 (2) (b) of the Constitution, wherein it is stated expressly and without equivocation, that “the security and welfare of the people shall be the primary purpose of government.” A community interpretation of section 14 (2) (a) and (b) respectively will show clearly that the Nigerian State was created for the people of Nigeria, that the focus of the entity called Nigeria is the people and that the target of power and existence of that Federation, is the people. It is good therefore, to sound it loud and clear, that the very existence of government, the totality of the exercise of power, by all and sundry, is for the security and welfare of the people and anything outside this, anything done that cannot achieve this, means a failure of governance. Pure and simple.

According to the learned authors of Merriam-Webster Dictionary, SECURITY means: “(a) freedom from danger (safety); (b) freedom from fear or anxiety; … something that secures, protection or measures taken to guard against espionage or sabotage, crime, attack, or escape.” The priority of security in governance is better illustrated by section 4 of the Police Act, wherein it is stated that the police shall be “… employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act.” What stands out in this section is the phrase “protection of lives and property”. Now, let us match this with certain data recently released by the Inspector-General of Police himself.

At the quarterly Northern Traditional Rulers’ Council meeting held in Kaduna in, 2019, the then Inspector-General of Police stated that in the first quarter of 2019 alone, 1,071 persons lost their lives in crime-related cases across the country. He stated further that between January and April 2019 alone, 685 persons were kidnapped. Amnesty International has a higher figure of deaths and casualties. In 2018, it was estimated that about 6, 562 persons died from crime-related cases whilst generally, an estimate of about 13,000 persons are said to have died from the insurgency going on in the land, whilst about 1.1m people have been displaced thereby. Just in one year! This is surely frightening, to the extent that no one can claim to sleep with the two eyes closed, any longer. It may well be that the government is taking all necessary steps to contain the rising spate of insecurity across Nigeria, but this remains to be seen by all and sundry, in terms of security and safety, in the real sense of the word. The summary now would seem to be that the government has not been able to rise up to the challenges posed by insecurity. The death rate is climbing everyday.

Now to welfare, since the two main points of governance are security and welfare. Merriam-Webster Dictionary defines WELFARE as “the state of doing well, especially in respect to good fortune, happiness, well-being, or prosperity.” Are we doing well as a people, presently? Are we enjoying some form of good fortune economically? Is the well-being of the people of this nation improving in any form at all? Are we happy, with the state of things in Nigeria? Is there prosperity in the land? Without any doubt whatsoever, suicide cases have increased, the economic power of the people has dwindled considerably and virtually everyone now depends on handouts from the government, as private businesses are all struggling to survive, in the absence of basic infrastructure, especially power supply. I have no doubt in my mind that the true testimony across the land is that the majority of the people are suffering indeed. I see it in the text messages that I receive every now and then, for financial assistance, I read it in the news daily, of how many States in the Federation are owing their workers salaries, for several months and how the ordinary people are just living from hand to mouth, barely eking out a living, just surviving and tagging along. Companies are closing down, on account of COVID 19 and there is palpable suffering across the land.

The present circumstance of Nigeria is that many people have become beggars of some sort. Even as businessmen and women, professionals and even as manufacturers, the bulk of the little profit margin is spent on infrastructure, whereby you are forced to generate your own electricity, provide your own water, build your own road, employ your own security, train your children in private schools or send them abroad, if they must excel, provide yourself health care if you must live, and may be buy your own car, if you must move around. It is that bad, that the government seemed to have shifted all its responsibilities to the citizens. And how exactly is anyone expected to survive in such hostile environment, where you spend most of your valuable time in traffic, you get home to sleep in intense heat and darkness and then you eventually manage to make it to the office the following day, only to be confronted with power outage, all day long, draining all human capacity, productivity and usefulness. Can we then say that we have a nation or that any form of governance is in place?

From all the above frightening scenarios, how do you then describe the entity created as Nigeria, if it is agreed that the two critical responsibilities of government are the security and welfare of the people? This piece became necessary as it would seem that those in authority do not well appreciate the enormity of the situation that we presently face in Nigeria or that state propaganda has so prospered and become the art of governance, that some of them are totally ensconced from the reality of present day Nigeria. Whereas I know that some well-meaning persons exist in authority presently, I verily believe that the time has now come, for some frank introspection that will translate into some genuine appreciation, of the debilitating welfare and security conditions of our people, if we are to say that there is governance at all. In the absence of that, the reasonable conclusion is that we are gradually moving to a failed state, as echoed by those legislators, who, very unfortunately, are themselves part and parcel of the failure of the state.

The President must act and act quickly, as time is running out on him. As an expert in security matters given his background as a military general, it is totally unacceptable that the President is unable to stem the rising tide of insecurity in the land, especially the terror of bandits, criminals and insurgents. How do we have leaders and we live like nomads, victims and aliens in our own country?

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

ELECTION: BRANCHES BACK OHAGBA AS NBA SCRIBE

The political fortunes of consummate Bar-man and former Nigerian Bar Association (NBA) Assistant General Secretary, Mr. Okey Ohagba has received a major boost with his endorsement by the eight branches in Rivers State.

Rising from a stakeholders meeting last Wednesday, the Bar Leaders unanimously declared support for the candidacy of Ohagba for the office of NBA General Secretary in the forthcoming NBA General Elections.

Among the Bar Leaders who attended the meeting are Branch Chairmen and Secretaries as well as past Chairmen and Secretaries of all the NBA branches in Rivers State

A statement by the Chairman of NBA Ahoada Branch, Mr. Agent Benjamin Ihua-Maduenyi on behalf of chairmen of NBA Branches in Rivers State, read: “The meeting called on all members from the eight (8) NBA branches in Rivers State to leverage on the extended verification deadline, get verified and vote en masse for Okey Leo Ohagba as the next General Secretary of NBA in the coming elections.”

Ohagba is reputed as “a passionate member of the Nigerian Bar Association and a very committed member of Port-Harcourt Branch.” He was admitted to the Nigerian Bar in November, 2007.

“With a burning passion for litigation, Okey turned down a juicy corporate employment offer from a reputable Nigerian bank and started his legal practice career in the firm of N. H. AJIE & CO. of Portharcourt in 2008 and in 2012 he established O. L. OHAGBA and Company, a commercial litigation and ADR consultancy firm, wherein he remains the principal partner till date.

“In his quest for a broadened knowledge of the law and expertise, Okey had prior to his legal practice career, obtained a certificate of proficiency in Alternative Dispute Resolution (ADR) after an intensive professional course at the Settlement House Abuja. Thereafter he was awarded the title of Professional Negotiator and Mediator (pnm). He is also a certified member of the Institute of Chartered Mediators and Conciliators (ICMC) as a Chartered Mediator and Conciliator (ChMC).

“Okey Ohagba, a pioneer alumnus of Madonna University, is a quintessential Bar man, a creative thinker, always eager to achieve excellence in every assignment.

“As National Secretary of NBA Young Lawyers’ Forum, Ohagba displayed exceptional competence, capacity and professionalism in the discharge of his duties while he steered the YLF Secretariat. He developed a comprehensive database of young lawyers at the time. He reinvigorated the YLF section of the NBA website and kept it up to speed throughout his tenure. He was the Chairman of the Summit Planning Committee that organized the ‘Portharcourt 2013′ NBA-YLF National Summit; which event was widely adjudged the best Summit in the YLF history due to his organisational prowess and elegance in service delivery. Same skills he exhibited when he organized perfect YLF Sessions at both Calabar and Owerri NBA AGCs 2013 and 2014 respectively. With the joint efforts of other Council Members, he midwifed the establishment of Young Lawyers’ Forums across over 70% of NBA branches nationwide.

“His culture of service excellence and intuitive passion for innovation became more prominent when he served as NBA Representative on the Board of Corporate Affairs Commission (CAC); during which period, with the support of the board, he practically championed the drive for the implementation of the present day CAC-ONLINE (A full automation of CAC incorporation processes). His passion for innovation, aided the digitization of the Commission’s system. He reawakened the Commission’s interest in the age partnership with NBA at Annual General Conferences starting with the Calabar, Owerri and Abuja Conferences, 2013, 2014 and 2015 respectively.

“As Chairman of sports subcommittee for the NBA AGC Owerri 2014, Okey, in his usual innovative thinking, saw the need to introduce some pecuniary rewards to winners of the tournament in order to subsidise branch expenses and increase participatory interest in the tournaments. His proposal was approved by the then NBA President, and for the first time in NBA history, winners of the football tournament received N500, 000 (Five Hundred Thousand Naira) cash prize from the NBA. 2nd and 3rd place winners also got cash prizes accordingly.

“As NBA First Assistant Secretary, 2016 to 2018, Okey Ohagba once again demonstrated capacity and service excellence when, upon the direction of the General Secretary, he delivered ‘error proof’ minutes at nearly all NBA National Executive Committee Meetings and facilitated for the first time, electronic mailing of Minutes and NEC Bundles prior to NEC Meetings, thereby affording NEC Members ample opportunity to read, digest the minutes and participate more robustly at NEC Meetings.”

 

NBA ELECTION’LL BE TRANSPARENT, INCLUSIVE, FREE AND FAIR – TAWO TAWO

At today’s meeting of the Electoral Committee of the Nigerian Bar Association (ECNBA) with candidates and other stakeholders, ECNBA Chairman, MR. TAWO TAWO SAN in his welcome address assures all that the committee is leaving no stone unturned to deliver free and credible polls 

ECNBA UPDATE ON THE NBA NATIONAL OFFICERS ELECTIONS 2020 PRESENTED AT THE STAKEHOLDERS INTERACTIVE SESSION HELD ON THE 27TH OF JULY 2020

PREAMBLE
The ECNBA welcomes you all to this interactive session to update Bar leaders, Candidates and Voters of the current state of affairs towards preparation for the NBA National Officers Elections. We had hoped that this session would take place earlier in the electoral process but the global health emergency response by Government compelled a change of the course of activities initially outlined by the Committee to accord with extant regulations on the pandemic and yet accord with the Nigerian Bar Association Constitution 2015(as amended). We do however consider it necessary at this stage of the electoral process, to hold this session albeit remotely, due to the prevailing conditions, to enable us rub minds with stakeholders in the process towards ensuring that we all have a National election that we can be proud of as Lawyers and as an Association.

COMMENCEMENT OF DUTIES
The ECNBA was appointed by the NBA NEC and inaugurated by the NBA President of the 12th day of March 2020 pursuant to the provisions of the NBA Constitution which prescribes for the appointment of the Committee at the first NEC meeting of an election year. The Committee was given the task of conducting the NBA National Officers election within four (4) months. This was at a time when the COVID19 pandemic had just broken out in the Country. Undeterred, the Committee was set to commence work immediately, even if working remotely, knowing that time was of the essence. The effect of the pandemic however significantly slowed down responses and affected schedules and timelines.

COMMITTEE ACTIVITIES
From the time of inauguration of the Committee till date, the ECNBA has carried several activities and has kept members informed through its several releases in ECNBA Statements Nos.1-15.

It is noteworthy that in the course of its activities, the ECNBA has constantly updated members via Statements and publications in total of fifteen (15) as at date. We would however like to specifically address some areas perceived to be of concern to members and Candidates in the election.

THE ELIGIBLE VOTERS REGISTER

The importance of a credible voters list to the NBA 2020 elections cannot be over emphasized. The Nigerian Bar Association Constitution 2015 (as amended) in Paragraph 1.3 (d) Second schedule stipulates that the register of eligible voters is to be compiled by the ECNBA in conjunction with the Nigerian Bar Association. As such the said task is not one that could be done without recourse or input from the NBA or its Staff. In furtherance of this provision, while engaging with the National Secretariat, the ECNBA also engaged with Branch Chairmen to supply lists of members that had met the Constitutional criteria for eligibility to vote, being payment of Branch Dues as at 31st March of 2020. The National Secretariat was also requested to produce the list of members who had paid their Bar Practice Fees as at March 31st 2020. This task suffered some delays due to the fact that the NBA National Secretariat and some Branches of the NBA were closed and not fully operational due to the Government lockdown in Abuja and other parts of the country, making it difficult to access some necessary documentation for the exercise. It would also be recalled that Access Bank was not fully operational at this time and needed time to supply the data on payments of BPF. Eventually, the National Secretariat succeeded in producing the comprehensive data on the BPF payments, but the lists from the NBA Branches were however more challenging to gather as shown in the several statements already published by the ECNBA to that effect.

The challenges to the exercise ranged from but were not limited to: lack of Bank statements showing payment of dues by members, failure of members to submit their payment details to their Branches for compilation, incomplete membership information and documentation from Branches, inaccurate lists submitted by some Branches, amongst others. The general impact of the lockdown across the country is also acknowledged as a major factor that affected the exercise.

In combating these challenges, the ECNBA had to device creative solutions, to sort through the various lists and payment details submitted in order to sieve those persons truly eligible to vote in compliance with the provisions of the NBA Constitution.

It must at this stage be clarified that due to complaints by members in respect of lists submitted by their Branches and the desire to ensure that no eligible Voter is disenfranchised, the ECNBA gave an opportunity to members whose names may have been omitted or had errors, to submit same directly to the Committee with proof of payment of their Branch dues and Bar Practice fees for compilation in the voters register. It is noteworthy that these activities had deadlines assigned to them because the Committee was also bound by timelines imposed by the NBA Constitution, which still remains effective in the face of the COVID19 pandemic. While some colleagues responded to the publications and extensions given within the time stipulated, some failed to do so and only awoke much later (after expiration of the deadlines) to demand that their names be included on the final Voters list. However, there must be an end to that exercise and as such the final list of names had to be published in accordance with the NBA Constitution.

VOTERS VERIFICATION EXERCISE
By the ECNBA Statement No. 008, the Committee called on eligible voters to ensure they verified their details on the NBA website preparatory to voting in the elections. The importance of the Exercise cannot be overemphasized as it is not only a form of accreditation for eligible Voters, but also a source of authentic data about members supplied by the Voters themselves. It also ensures that Voters have access to their portal in the event that the site would be used for the voting exercise. The verification exercise for voters has now ended by 6PM on Sunday 26th July 2020. We can confirm from records of the exercise available to us now, that over 30,000 Voters on the published Voters have now verified their details.

ELECTION PLATFORM AND IT CONSULTANT

Security and integrity of the voting platform for the NBA national officers election 2020 is of paramount importance to the ECNBA. The authenticity and security of votes cast at the elections are issues that have not been taken lightly. A lot of work has gone into ensuring that all but only legitimate votes count at the elections. It would be recalled that in the ECNBA Statement No.006, the Committee outlined its efforts at engaging an IT expert to work with the ECNBA in the determination of the proper platform to be used for voting and also the modalities for the electronic voting. We can confirm that further to our Request for Proposals, applications were received from several IT firms, which went through various stages of screening and interviews and at the end, a firm which was adjudged to have the requisite experience and expertise and competence in such matters was engaged to work with the ECNBA on this project. At the time of engagement of the Consultant, the ECNBA had not taken any decision as to the platform to be used for the elections as mentioned in our Statement No. 006 and were open to exploring all viable options, inclusive of the newly developed election portal of the Nigerian Bar Association. We had intimated that the decision as to what platform would be used for the elections would be based on the recommendations of the technical experts, in this case our engaged IT Consultants, not foreclosing recommendations from other experts. The Committee therefore deprecates in strong terms the various attempt by individuals, who in an attempt to force the hand of the ECNBA some of whom are members of the profession, to gain unauthorized access to the NBA website and going further to publish a report showing perceived weaknesses of the site to the world. This action is sad to say, not expected of gentlemen of the legal profession.

The ECNBA is confident of the competence of our OT Consultants who are to advise us on the technical aspects of the electoral process and will abide by their professional recommendations.

CONCLUSION

In conclusion, and as we count down to the elections, the ECNBA wishes to express its gratitude to members of the Bar for their patience with the ECNBA, our Bar leaders for their constant advise and contributions and the National Secretariat for cooperation thus far in this process. Needless to say that we all are stakeholders in this process and must continue to work together to ensure a smooth transition process in our association for the benefit of us all. On its part the ECNBA will continue to keep its promise of doing its very best to conduct a transparent, inclusive, free and fair 2020 polls. We therefore urge you to keep an open mind on issues and make constructive contributions that will engender progress and promote the general good of our dear Association.

Thank you and God bless you.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

ECNBA MEETS CANDIDATES, KEEPS MUM ON VOTING PORTAL, OTHERS

BY EMEKA NWADIOKE

* BAYO OJO, PRESIDENTIAL CANDIDATES, OTHERS SPEAK
* OVER 30,000 VOTERS TO ELECT NEXT NBA PRESIDENT
* ECNBA BLASTS AKPATA FOR ‘OPEN LETTER’ 
* AKPATA REPLIES ECNBA, INSISTS NBA PORTAL IS ‘VULNERABLE’
* ECNBA WARNS CANDIDATES AGAINST ELECTION ‘HELP DESKS’

The Electoral Committee of the Nigerian Bar Association (ECNBA) today held a virtual meeting with candidates in the forthcoming NBA Elections and other stakeholders, assuring that the poll will be free, fair and credible.

Tagged “Online interactive session with all Candidates in the NBA National Officers Election 2020, Bar leaders, and Stakeholders,” the meeting was monitored by CITY LAWYER and attended by the three presidential candidates among others, even as some candidates shunned the parley.

In a 12-minute opening speech, ECNBA Chairman, Mr. Tawo Tawo SAN went down memory lane, recalling how the electoral committee conducted the compilation of voters list and the verification exercise. He stated that the committee chose the election portal in line with operational recommendations of its Information Technology Consultant, adding that the process will ensure that “all but only legitimate votes count” and that it is a “national election we can be proud of.”

Tawo thanked Bar Leaders and NBA staff for their cooperation, even as he singled out NBA President, Mr. Paul Usoro for commendation for giving the committee a free hand to conduct the election.

On the choice of IT Consultant for the election, Tawo stated that at the end of the committee’s screening exercise, “a firm which was adjudged to have the requisite experience and expertise and competent in such matters was engaged to work with ECNBA on this project as our consultants. At the time of the engagement of the consultant, the ECNBA had not taken any decision as to the platform to be used for the election, as mentioned in our statement No. 006.”

Indicting one of the presidential candidates, Mr. Olumide Akpata for what he termed “unauthorized access” to the NBA website, the electoral committee chairman said: “The committee therefore deprecates in strong terms the various attempts by individuals who in an attempt to force the hand of the ECNBA, some of who are members of the profession, to gain unauthorized access to the NBA website and going further to publish a report showing perceived weaknesses of the site to the world. This action is so sad to say, not expected of gentlemen of our noble profession.” He stated that the committee is confident of its IT Consultants and their expert advice on the technical aspects of the election.

In his remarks, former NBA President, Chief Bayo Ojo SAN warned all stakeholders that “we are in this together,” noting that having criticized the government on electoral misfeasance, “now is the time to show how to do it and do it well.” He urged the electoral committee to ensure that the election is “free, fair and credible,” adding that the candidates must exhibit the spirit of sportsmanship, as only one person can win the race.

Following several questions from some candidates, Mr. Alozie Echeonwu was invited by the electoral committee chairman to throw more light on some aspects of the election.

Said Echeonwu: “The chairman did not say that the election will be on the NBA website. The chairman has not disclosed the election protocol. The platform upon which this election will be run is considered a sensitive election item. The protocol will be released to everyone whose name is on the voters’ list and who has properly done his verification. The protocol is a do-it-yourself form of protocol and everybody’s unique credentials will be delivered to him. Each credential is unique to each voter and under no circumstance should these credentials be shared with any other person.

He assured that “the architecture for the election is reliable,” adding that the ECNBA is the “only umpire” for the election and that the consultant “is not conducting the election. We take responsibility for the election.”

He stated that there would be proper voter education directed to eligible voters, emphasizing that the voting platform is “very secure; very secure. You can go to sleep. The architecture is such that you may be given access to monitor the election wherever you are; and after the elections, there will be a post-election audit. A post-election audit will expose everything for anybody who is minded to do further study on it to please go ahead.”

Stating that each voter would be availed proof of his voting, Echeonwu said: “The architecture is automated. Everybody voting can verify; in fact, when you vote, you get a certificate. Each voter will receive a certificate as to the activities he carried on. You can self-audit the process.” He assured that eligible voters will receive their credentials, voter education and details of the protocols “in good time.”

Addressing the thorny issue of voters’ list, Tawo said though the committee had published the “final voters’ list,” the ECNBA had stated that the list “was being cleaned because of the duplications. We expect to publish the clean list after the outstanding verifications, the backlog has been cleared tonight. So, that will be done.”

In his remarks, Akpata noted that he sent in over 12 questions to the electoral committee, adding that “the issue of transparent and credible election lies at the heart of every election, and it must be seen and felt by all participating in the process.”

Responding to the allegation of unauthorized access to the NBA website, Akpata said: “Obviously, that reference was to me. Mr. Chairman, access to the portal is open to all. Maybe that’s the point some of us are making. It is free to all to study. As you know, Mr. Chairman, this is the first meeting we are holding with ECNBA in this entire process – two days to the election. So, we have not had information. The only information we have had is that the portal – in fact, the infographics released (shows) that is where the election will be held. Some of us (are) concerned about that website, that portal and the fact that it appears vulnerable. And we asked experts, please advise.”

He stated that he was aware the website was not developed by the electoral committee, adding that he was “not ascribing blame to anyone. We are saying, ‘Let’s be careful because this portal may be vulnerable.”

Noting that “We are all stakeholders and the cost of silence is too high,” Akpata queried: “Can it (voting portal) withstand multiple concurrences for about 40,000 voters?” He also expressed worry that “there’s little information out there.”

While Echeonwu stated that the NBA website was “for verification,” ECNBA Secretary Cordelia Eke asserted that “I do not believe the ECNBA at any time said election will be conducted on website.” But Akpata insisted that the infographics state otherwise.

Continuing, Echeonwu said: “Let me make it absolutely clear that the protocol for the election has not been released by ECNBA. Someone had alluded that ECNBA released the election protocol. Please consider it an unhealthy and malicious circulation. When ECNBA releases its protocol it will come directly to you and everybody will know.
“We are working with a timeline. We have assured you it is a seamless process. It is a do-it-yourself process. You don’t need to contact any help desk other than the ECNBA Help Desk to help you. You don’t need to set up any Help Desk; you will be crossing the boundaries if you do that. We would consider that crossing the boundary.”

One of the presidential candidates, Mr. Dele Adesina SAN expressed worry that the electoral committee barred campaigns via travels and the electronic media, noting that eligible voters need “information dissemination to make informed decision.”

Responding, a member of the committee, Prof. Augustine Agom stated that the electoral committee’s guidelines were informed by the NBA Constitution. He added: “The election is going to be free; it is going to be fair. It is going to be credible. You can take this to the bank.”

On his part, another presidential candidate, Dr. Babatunde Ajibade SAN commended the committee for “operating under unusual circumstances,” a veiled reference to the coronavirus pandemic. He however sought clarification on when the election protocols would be made available to the candidates as well as the modalities for deploying election agents in the ECNBA Situation Room.

Responding, the ECNBA Chairman promised that “We will communicate (this) to candidates in the shortest possible time.”

Aside from the presidential candidates, others that attended the virtual meeting are Messrs Adebayo Akinlade, Sulayman Adamu, Kazeem Adeyemo and Alex Muoka. Others are Joyce Oduah, Okey Ohagba, Christopher Yakemewerigha, Anne Agi, Uche Nwadialo, Sabastine Anyia, Kunle Edun and Olayinka Sokoya.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

ADEGBORUWA OKAYS ADESINA, AJIBADE, AKPATA FOR NBA PRESIDENCY

Firebrand human rights activist, Mr. Ebun-Olu Adegboruwa SAN has declared that the three presidential candidates in the race for the coveted NBA Presidency are qualified to mount the saddle.

In a statement released today titled “NBA ELECTIONS 2020,” the prominent senior lawyer therefore urged eligible voters to vote “purely in the fear of God and according to your conscience.”

The statement reads:

NBA ELECTIONS 2020

Dear learned colleagues,

As we approach the final lap of the 2020 elections of the Nigerian Bar Association, I wish to make the following statements.

In alphabetical order with no specific preference,

I ENDORSE

ADESINA DELE, SAN:

He has SERVED the legal profession MERITORIOUSLY, as Chairman of NBA, Ikeja Branch and as General Secretary, NBA, at the national office.

I ENDORSE

AJIBADE BABATUNDE, SAN:

He has SERVED the legal profession CREDITABLY, in seeking fundamental reforms in justice administration, through The Justice Reform Project and also in helping to raise leaders for the Bar, through the Legal Practitioners Privileges Committee.

I ENDORSE

AKPATA OLUMIDE:

He has SERVED the legal profession SELFLESSLY, through the Section on Business Law and also in various other capacities, through the Conference Planning Committees.

They all have many more positive attributes, which I may not have stated. Any of these three, is qualified to lead the Bar, if voted in as President of the NBA, in any free, fair, peaceful and credible contest.

I therefore urge you to VOTE for ANY of these three candidates, purely in the fear of God and according to your conscience.

God bless Nigerian Bar Association
God bless Nigeria.

Ebun-Olu Adegboruwa, SAN
Lekki, Lagos.
26/07/2020

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

AJIBADE SPONSORS TECH INITIATIVES FOR YOUNG LAWYERS

Leading Nigerian Bar Association presidential candidate, Mr. Babatunde Ajibade SAN has vowed that he will reengineer the technology ecosystem in the legal industry if elected President come July 30.

Unveiling “Opportunities for Lawyers,” a cutting-edge online portal designed to connect lawyers to latest life-changing opportunities around the world, Ajibade observed that “Technology has become a part of everyday life in today’s world.”

Noting that the legal profession “is not left out” in the pervasive and disruptive inroad of technology, the cerebral senior lawyer stated that “We can either use tech or we can be scared of tech. If you ask me, we should use tech; we should take advantage of tech. We should enable tech to improve our processes.” He observed that technology has been deployed at the peak of the coronavirus pandemic to deliver many meetings and virtual conferences which “we have attended without leaving the comfort of our homes.”

Giving more insights into the groundbreaking App, Ajibade who has served the NBA in several critical positions said: “Not only am I encouraging us to use tech; I have invested in tech. I invested in the development of an App called ‘Opportunities for Lawyers.’ It’s a wonderful App. It’s available on iOs, on android and on the web. It provides opportunities for lawyers all over the world – scholarships, trainings, contests – everything a young lawyer needs to get ahead.”

Unveiling another initiative, the NBA presidential candidate who is very popular in the Continuing Legal Education (CLE) circuit, said: “One other thing that I am investing in is developing a pilot project for digital learning. I think that it’s is a veritable way for dealing with our continuing legal education problems, with training for young lawyers coming out of the Law School.”

He emphasized that “We must take full advantage of what is happening in that space to move our profession forward,” adding: “We need to re-orientate ourselves: our judges have to be retooled; our courts have to be retooled; we, lawyers have to be retooled – we need to learn a new way of doing things.”

The online platform, “Opportunities for Lawyers” was launched on May 2, 2020. It is available on Google Play (https://play.google.com/store/apps/details?id=com.opportunitiesforlawyers&hl=en) and Apple Stores (https://apps.apple.com/us/app/opportunities-forlawyers/id1510602360?ls=1). Non-smart phone users can visit www.opportunitiesforlawyers.com from their browsers on laptops, ipad, computer desktop and any other system with internet connection and access the site.

According to the Chief Editor of the American Team, Mr. Reginald Sagay, the application will be available free of cost to lawyers. “For this, we thank the Co-vice chair of the International Bar Association’s Africa Regional Forum, Dr. Babatunde Ajibade, SAN for his immense support, which has made it possible for lawyers across the world to have free access to this product,” said Sagay.

Ajibade had earlier stated that while the current NBA administration has taken positive steps with regard to integrating the use of technology in advancing the cause of the legal profession, “If elected, I will leverage and build on this good work by ensuring that the NBA makes maximum use of available technology to achieve its various objectives. I will explore various platforms that can be used to improve on the NBA’s data gathering, information dissemination and management. I will also explore various means of providing digital learning and training to members.

“Another area in which I will get the NBA to employ the use of technology is with the stamp and seal requirement under the RPC. This scheme was put in place in an attempt to eliminate the scourge of fake lawyers and has been a source of constant complaints since its inception. The complaints range from the logistics of receiving the stamp and seal to the fact that the stamps and seals have an expiry date. I have entered into discussions with technology service providers who assure me that the stamp and seal scheme can be digitalized and dispensed electronically. I will pursue the implementation of this innovation as it will not only address the complaints concerning the stamp and seal scheme as presently implemented but will dovetail seamlessly into the developments that are now being explored in the administration of justice with electronic filing of court processes and virtual hearings. If elected, I will ensure that the NBA builds and expands on all these initiatives and maximizes the use of available technology to achieve its various objectives.”

Non-smart phone users can visit www.opportunitiesforlawyers.com from their browsers on laptops, ipad, computer desktop and any other system with internet connection to access the site. ‘Opportunities for Lawyers’ has social media platforms for latest opportunities and engagement such as

Twitter: https://twitter.com/Oppsforlawyers?s=03 

Facebook: https://m.facebook.com/opportunitiesforlawyers

Linkedin: https://www.linkedin.com/company/oportunities-for-lawyers

Youtube: https://www.youtube.com/channel/UCrj7aA_NGx4JLm1sjrXAWyw 

AREWA LAWYERS ADOPTION: ANOTHER BRANCH CHAIR DISTANCES SELF

BY EMEKA NWADIOKE

The controversy trailing the adoption of Mr. Dele Adesina SAN as the preferred candidate of the influential Arewa Lawyers Forum (ALF) deepened at the weekend, with the Nigerian Bar Association, Shendam Branch Chairman, Mr. Gabriel Tsenyen washing his hands off the exercise.

Stating that he only got wind of the adoption via a Facebook post, Tsenyen vowed that he received no notice of any plan to adopt Adesina, neither did he attend any meeting at which the adoption was discussed and resolved.

In a notice titled “DISCLAIMER” and dated 26th July, 2020 which he made available to CITY LAWYER, the branch helmsman said: “I wish to note that as the Chairman of NBA Shendam Branch, I have not received any notice of meeting of Arewa Lawyers Forum neither am I aware of any meeting held where such was ever discussed.”

Tsenyen called on the ALF Caretaker Committee to “confirm the veracity, authenticity or falsity of such publication so that our forum will not be maligned unwarrantedly to the detriment of our young and teaming (sic) members.”

Tsenyen assured branch members “that I have not nor did any of our executive up to the time of writing this disclaimer receive any notice of meeting neither have I attended any such meeting where the purported adoption was made,” stating categorically that “This (adoption) is false and should be totally disregarded.”

CITY LAWYER had reported a letter addressed to the Secretary of Egbe Amofin Oodua and signed by Mr. Mohammed Monguno as “Member/Secretary” of Arewa Lawyers Forum where he stated: “Accordingly, on behalf of the leadership and members of Arewa Lawyers Forum and after a meeting of our Executive Committee, I have the honour to hereby convey our adoption, endorsement, satisfaction and the unanimous acceptance of the candidature of MR. DELE ADESINA SAN, FCIArb for the Office of the President of the Nigerian Bar Association in the forthcoming July 2020 Election.”

However, a group of lawyers led by NBA Lafia Branch Chairman, Mr. Mustapha Sadiq issued a disclaimer stating that “the person who signed the purported letter of endorsement did so on his own accord and spoke only for himself.” Messrs Lukman Usman Nuhu and Wada Ahmed Wada, Chairman of NBA Damaturu Branch and Ag. Chairman of NBA Ungogo Branch had also issued a separate notice distancing themselves from the adoption exercise.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA ELECTIONS: ECNBA TO MEET CANDIDATES TOMORROW

The Electoral Committee of the NBA (ECNBA) has made good its promise to meet with candidates in the forthcoming NBA Elections. The electoral committee in a statement scheduled the meeting to hold tomorrow at 5 pm.

The sole agenda for the meeting is “Update on the Elections.”

The full text of the statement is below:

Please TAKE NOTICE that the ECNBA would be holding an online interactive session with all Candidates in the NBA National Officers Election 2020, Bar leaders, and Stakeholders.

Details of the meeting are as follows:

Date: Monday, the 27th day of July 2020.

Time: 5.00 PM

Agenda: Update on the Elections

Dial-in details will be sent by email to participants.

Dated this 26th Day of July 2020.

Cordelia U. Eke (Mrs)

Secretary, ECNBA

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA PRESIDENCY: AREWA LAWYERS FORUM ADOPT ADESINA

The political fortunes of Mr. Dele Adesina, one of the presidential candidates in the forthcoming Nigerian Bar Association (NBA) National Election, brightened today as the influential Arewa Lawyers Forum (ALF) has adopted him for the presidential race.

In a letter dated 24th July, 2020 and signed by the forum’s Secretary, Mr. Mohammed Monguno, the ALF referred to a letter from Egbe Amofin Oodua dated 20th March, 2020 recommending Adesina to the forum.

AREWA ADOPTION LETTER

The ALF stated that “we took time to consult very widely,” adding that “Accordingly, on behalf of the leadership and members of Arewa Lawyers Forum and after a meeting of our Executive Committee, I have the honour to hereby convey our adoption, endorsement, satisfaction and the unanimous acceptance of the candidature of MR. DELE ADESINA SAN, FCIArb for the Office of the President of the Nigerian Bar Association in the forthcoming July 2020 Election.”

The NBA Election is slated to hold on 29th and 30th July, 2020.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA ELECTION: OGUNLANA VOWS TO FORGE AHEAD WITH MAIN SUIT

BY EMEKA NWADIOKE

Former Chairman of Nigerian Bar Association (NBA), Ikeja Branch, Mr. Adesina Ogunlana has vowed to go ahead with a lawsuit to determine his eligibility for the forthcoming NBA National Election, saying today’s ruling by a Lagos High Court sitting at Ikeja did not tamper with his right to institute the substantive action.

Though Ogunlana’s telephone numbers were switched off when CITY LAWYER attempted to contact him, his close aide and RAMINBA Secretary, Mr. Ayo Ademiluyi, said there is “serious misconception” regarding the court ruling, adding that “our main claim is very much alive.”

He said that the movement will proceed to conclude the Pre Action protocols within the next seven days before filing the substantive suit “to determine whether Mr. Ogunlana was validly excluded from the race and whether any NBA Chairman can on his own issue a Letter of Good Standing or refuse same as he wills.”

It is recalled that the court had dismissed Ogunlana’s application asking it to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

But the Nigerian Bar Association asked the court to dismiss the suit. Represented by high-profile lawyer, Dr. Paul Ananaba SAN, the NBA brought a Notice of Preliminary Objection pursuant to Order 43 (Rule 1) of the Civil Procedure Rules 2019 of the High Court of Lagos State and under the inherent jurisdiction of the court. The motion was served on the Lead Counsel for Ogunlana, Mr. Dare Akande at exactly 6:12 pm yesterday. The matter is slated for hearing today before Justice Adedayo Oyebanji.

The Respondents are Incorporated Trustees of Nigeria Bar Association; Mr. Paul Usoro SAN (President of the Nigerian Bar Association); Mr. Jonathan Taidi (General Secretary, Nigeria Bar Association); and Professor (sic) Tawo Tawo SAN, Chairman, Electoral Committee of the Nigerian Bar Association. Others are ECNBA Secretary, Cordelia Eke, Esq. and Dele Oloke, Esq (immediate past chairman of Ikeja Branch of Nigerian Bar Association).

Marked as Suit No. ID/4015GCM/2020, Ogunlana is praying for “An interlocutory order of this honourable court directing and compelling the Defendants, to include the name of the Claimant/Applicant in the list of candidates to contest for the Office of the President of the Nigerian Bar Association in the 2020 National Officers’ Elections and allowing same to contest pending the determination of the Motion on Notice in this matter.”

In the alternative, the disqualified NBA presidential aspirant is seeking “AN ORDER of injunction restraining the Defendants from conducting elections into the office of the President of the Nigerian Bar Association, without including the name of the Claimant as a candidate on the 29th and 30th July, 2020 or on any other date pending the determination of the Motion on Notice in the matter.”

Filed on July 9, 2020 Ogunlana revealed in a broadcast on his verified Facebook handle that the matter has been assigned to Justice Adedayo Oyebanji of Ikeja High Court, adding that the court has penciled down the case for hearing “due to its urgent nature.” He reassured his supporters to “keep hope alive,” adding that though the election has been scheduled for 29th and 30th July, 2020, “nothing is sacrosanct.”

Ogunlana listed four grounds to justify his lawsuit, stating that
(i) The 4th and 5th Defendants/respondents’ electoral body, the Electoral Committee of the Nigerian Bar Association (ECNBA) claimed to have disqualified the claimant contesting the election because his Nomination Forms did not include a letter of Good Standing from the 6th defendant, the then Chairman of his branch, the Ikeja Branch of the Nigerian Bar Association as required by the constitution of the Nigerian Bar Association.

(ii) The claimant brought an Appeal based on the objection raised by the 4th and 5th Defendants as stated earlier above in paragraph 1 but his appeal was dismissed based on a completely different issue, and which is applicable to the appeal or case of the claimant.

(iii) The ground of dismissing the Appeal founded in section 8(3)(c) of the NBA Constitution 2015(as amended) vis-a-vis the issue raised and the absence of any evidence to show that the report of the insurance committee if Ikeja Branch of NBA has been set aside “is disjointed from the ground of Appeal itself, which is based on the Appeal against disqualification for absence of letter of Good Standing in the Nomination packet of the Claimant/Applicant.

(iv) The Claimant /Applicant will suffer irreparable loss if this honourable court declines the order sought.”

It is recalled that Ogunlana has had a cat-and-mouse relationship with the electoral body following his initial disqualification from the presidential race. Though he appealed the disqualification, claiming that Oloke lacked the power to withhold his “Letter of Good Standing,” the ECNBA dismissed his appeal as lacking in merit.

ECNBA VERIFICATION VIDEO GOES VIRAL

The Electoral Committee of the Nigerian Bar Association (ECNBA) has released a video to enlighten eligible voters on how to engage in the verification exercise.

The 2:22 minutes long video outlines the step-by-step procedure required to complete the verification exercise on the NBA website.

It is recalled that the electoral committee had in its latest statement on the forthcoming NBA Elections extended the deadline for verification from July 20, 2020 to July 26, 2020, apparently in a bid to ensure that eligible voters are not disenfranchised due to their inability to verify. https://nigerianbar.org.ng/ecnba-statement-n015

The statement reads:

EXTENSION OF VERIFICATION EXERCISE

The ECNBA has observed that in the wake of the publication of its Statement No.14 extending the date of verification of Voters, there has been a huge increase in the number of Lawyers seeking to carry out their verification on the NBA Portal. The ECNBA has therefore decided to give a further extension of the date for verification of Voters.

The deadline for verification of Voters is now extended to 6.00PM on Sunday 26th July 2020. Eligible Voters are advised to take advantage of this further extension to get verified. Previously verified voters are required to log in to their portals and update their information, especially their contact details to ensure they have smooth access to the portal and are able to receive important information pertaining to the Voting exercise.

The NBA Help desks are still available to provide support for the verification exercise for those who require same.

Thank you all for your continued cooperation.

Dated this 20th day of July 2020.

Cordelia U. Eke (Mrs.)
Secretary, ECNBA

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

FIREWORKS, AS NBA ASKS COURT TO DISMISS OGUNLANA’S SUIT

BY EMEKA NWADIOKE

• WARNS THAT GRANT OF ORDER WILL ‘CAUSE ANARCHY’
• SAYS COURT LACKS JURISDICTION TO HEAR MATTER
• ‘THIS APPLICATION WILL TRUNCATE NBA ELECTION IF…’
• ‘WE HAVE DONE NOTHING WRONG’

The Nigerian Bar Association has asked the Lagos High Court to dismiss the suit brought by controversial former NBA Ikeja Branch Chairman, Mr. Adesina Ogunlana seeking to restore his as a candidate for the forthcoming NBA Elections.

Court papers sighted by CITY LAWYER show that the NBA is being represented by high-profile lawyer, Dr. Paul Ananaba SAN, even as it is in the alternative praying the court to strike out the application.

The Notice of Preliminary Objection is brought pursuant to Order 43 (Rule 1) of the Civil Procedure Rules 2019 of the High Court of Lagos State and under the inherent jurisdiction of the court. The motion was served on the Lead Counsel for Ogunlana, Mr. Dare Akande at exactly 6:12 pm yesterday. The matter is slated for hearing today before Justice Adedayo Oyebanji.

Ogunlana had filed a Motion on Notice dated July 18, 2020 asking the court to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

The Respondents are Incorporated Trustees of Nigeria Bar Association; Mr. Paul Usoro SAN (President of the Nigerian Bar Association); Mr. Jonathan Taidi (General Secretary, Nigeria Bar Association); and Professor (sic) Tawo Tawo SAN, Chairman, Electoral Committee of the Nigerian Bar Association. Others are ECNBA Secretary, Cordelia Eke, Esq. and Dele Oloke, Esq (immediate past chairman of Ikeja Branch of Nigerian Bar Association).

But the NBA is through its Trustees praying the court not to grant the order, warning that it would “cause anarchy and division within the Nigerian Bar Association.” Instead, it is praying for “An order dismissing this action for lack of jurisdiction or in the alternative,” “An order striking out this action for lack of jurisdiction.”

Dated 23rd July, 2020 the grounds for the application are that “the applicant has failed to comply with due process of law,” “The Honourable Court lacks jurisdiction to determine this suit,” “This application is aimed at truncating the Nigerian Bar Association Election slated for the 29th and 30th of July, 2020” and “This application amounts to forum shopping which is an abuse of court process.”

The application is supported by a 4-paragraph affidavit deposed by one Gbenga Ayorinde, a litigation officer in the 1st Respondent’s counsel’s chambers.

The deponent averred inter alia “That the Applicant stated clearly in his Affidavit that he did not submit Letter of good standing as provided by the Nigerian Bar Association Electoral Law and Rules,” adding that “The duties of the 1st Respondent is to ensure Electoral laws and Rules are complied with.

He stated that “the first Respondent has done nothing wrong” and “That the Applicant has not instituted any substantive suit in this matter.” The deponent also stated that aside from the application amounting to forum shopping, “granting this (application) will cause anarchy and division within the Nigerian Bar Association.” According to him, “the court does not have jurisdiction to interfere in internal affairs of Nigerian Bar Association.”

It is recalled that Ogunlana had dragged the NBA and its electoral committee to the High Court of Lagos State sitting at Ikeja, praying for several orders.

Marked as Suit No. ID/4015GCM/2020, Ogunlana is praying for “An interlocutory order of this honourable court directing and compelling the Defendants, to include the name of the Claimant/Applicant in the list of candidates to contest for the Office of the President of the Nigerian Bar Association in the 2020 National Officers’ Elections and allowing same to contest pending the determination of the Motion on Notice in this matter.”

In the alternative, the disqualified NBA presidential aspirant is seeking “AN ORDER of injunction restraining the Defendants from conducting elections into the office of the President of the Nigerian Bar Association, without including the name of the Claimant as a candidate on the 29th and 30th July, 2020 or on any other date pending the determination of the Motion on Notice in the matter.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘PAY YOUR PENSIONERS NOW,’ COURT ORDERS NNPC

The National Industrial Court in Lagos has ordered the Nigerian National Petroleum Corporation (NNPC) and NNPC Pension Fund Limited to pay harmonised pensions to NNPC retirees. Justice Elizabeth Oji gave the two defendants 90 days within which to comply with the order, while also awarding N20,000 costs against them.

The judge made the order in a judgment delivered on Monday, which was obtained by a national newspaper yesterday.

She upheld the prayers made by the claimants, Dr. Ikechukwu Nwobodo and 13 others, through their counsel Adeleke Agboola, in a suit marked NICN/LA/329/2019. The judge directed the firms to pay the harmonised pension to the claimants from January 1, 1997 till date, in accordance with Section 173 of the 1999 Constitution.

The NNPC had contended that the payment of pension should be based on ‘affordability and sustainability.’ But, rejecting the argument, Justice Oji noted that a Federal Government Civil Service Circular in 1998 directed all government departments to implement harmonised pensions for public service retirees.

The judge held: “The defendants are hereby directed to pay to the claimants forthwith all accrued pensions calculated with effect from 1st of January, 1997 on emoluments currently earned by their serving counterparts …and subsequently all such pensions and when due.

“The defendants’ decision to pay the claimants pensions on the basis of ‘affordability and sustainability’ or ex gratias is ultra vires, null and void.

“The defendants are hereby directed to comply fully with the provisions of Sections 39 of the Pension Reform Act… and to fully fund the pension scheme in accordance with the directives of National Pension Commission.”

The full text of the judgement is available here.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

OGUNLANA SUES, ASKS COURT TO STOP NBA ELECTION IF…

BY EMEKA NWADIOKE

• FATE OF ELECTION HANGS IN BALANCE

• COURT SET TO HEAR SUIT FRIDAY

The fate of the forthcoming Nigerian Bar Association National Officers Elections is now hanging in the balance as a Lagos High Court sitting in Ikeja will on Friday hear a lawsuit brought by controversial former Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, Mr. Adesina Ogunlana against his disqualification from the presidential race.

In court documents seen by CITY LAWYER, Ogunlana is asking the court to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

The Respondents are Incorporated Trustees of Nigeria Bar Association; Mr. Paul Usoro SAN (President of the Nigerian Bar Association); Mr. Jonathan Taidi (General Secretary, Nigeria Bar Association); and Professor (sic) Tawo Tawo SAN, Chairman, Electoral Committee of the Nigerian Bar Association. Others are ECNBA Secretary, Cordelia Eke, Esq. and Dele Oloke, Esq (immediate past chairman of Ikeja Branch of Nigerian Bar Association).

Marked as Suit No. ID/4015GCM/2020, Ogunlana is praying for “An interlocutory order of this honourable court directing and compelling the Defendants, to include the name of the Claimant/Applicant in the list of candidates to contest for the Office of the President of the Nigerian Bar Association in the 2020 National Officers’ Elections and allowing same to contest pending the determination of the Motion on Notice in this matter.”

In the alternative, the disqualified NBA presidential aspirant is seeking “AN ORDER of injunction restraining the Defendants from conducting elections into the office of the President of the Nigerian Bar Association, without including the name of the Claimant as a candidate on the 29th and 30th July, 2020 or on any other date pending the determination of the Motion on Notice in the matter.”

Filed on July 9, 2020 Ogunlana revealed in a broadcast on his verified Facebook handle that the matter has been assigned to Justice Adedayo Oyebanji of Ikeja High Court, adding that the court has penciled down the case for hearing “due to its urgent nature.” He reassured his supporters to “keep hope alive,” adding that though the election has been scheduled for 29th and 30th July, 2020, “nothing is sacrosanct.”

Ogunlana listed four grounds to justify his lawsuit, stating that
(i) The 4th and 5th Defendants/respondents’ electoral body, the Electoral Committee of the Nigerian Bar Association (ECNBA) claimed to have disqualified the claimant contesting the election because his Nomination Forms did not include a letter of Good Standing from the 6th defendant, the then Chairman of his branch, the Ikeja Branch of the Nigerian Bar Association as required by the constitution of the Nigerian Bar Association.

(ii) The claimant brought an Appeal based on the objection raised by the 4th and 5th Defendants as stated earlier above in paragraph 1 but his appeal was dismissed based on a completely different issue, and which is applicable to the appeal or case of the claimant.

(iii) The ground of dismissing the Appeal founded in section 8(3)(c) of the NBA Constitution 2015(as amended) vis-a-vis the issue raised and the absence of any evidence to show that the report of the insurance committee if Ikeja Branch of NBA has been set aside “is disjointed from the ground of Appeal itself, which is based on the Appeal against disqualification for absence of letter of Good Standing in the Nomination packet of the Claimant/Applicant.

(iv) The Claimant /Applicant will suffer irreparable loss if this honourable court declines the order sought.”

It is recalled that Ogunlana has had a cat-and-mouse relationship with the electoral body following his initial disqualification from the presidential race. Though he appealed the disqualification, claiming that Oloke lacked the power to withhold his “Letter of Good Standing,” the ECNBA dismissed his appeal as lacking in merit.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EFCC SET TO ARRAIGN TWO LAWYERS OVER USORO’S ELECTION

BY EMEKA NWADIOKE

  • CONFIRMS CITY LAWYER REPORT

Echoes of the election that brought outgoing Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN has reverberated as the Economic and Financial Crimes Commission (EFCC) may soon arraign suspects in the controversial election.

Filed as Suit no FHC/L/118c/2020, the EFCC is, according to GAVEL INTERNATIONAL accusing the duo of Sarah Omeigha Ajibola, and John Ozovehe Demide of allegedly rigging the August 2018 NBA Elections in favour of Usoro .

The charge confirms CITY LAWYER exclusive report that “The Economic and Financial Crimes Commission (EFCC) may have swooped on senior lawyer and Nigerian Bar Association (NBA) administrative lynchpin, Sarah Ajijola over an alleged cash payment received from one of the presidential candidates in the last elections.

“An impeccable source who is familiar with the EFCC investigations told CITY LAWYER that Ajijola, NBA’s Director of Membership & Bar Services, was pulled in by the anti-graft agency for questioning over a N25,000 inflow into her bank account in the run-up to the controversial 2018 NBA Elections.

“The EFCC is investigating the outcome of the elections following an alleged petition by Mr. Olumuyiwa Olowokure who was an agent to Chief Arthur Obi Okafor SAN, one of the presidential candidates in the elections. Olowokure is now deceased.”

According to latest report, the charge has been filed at the Federal High Court, though the arraignment has been stalled by the coronavirus pandemic crisis.

The charges were reportedly filed on May 5, 2020 and signed by EFCC prosecutors led by Mr Rotimi Oyedepo Iseoluwa and including Bilikisu Buhari Bala, Usman Umar Buhari, Mohammed Abbas Omeiza, Suleiman I. Suleiman, and Kufre Uduak on behalf of the Executive Chairman of EFCC.

Below are the charges:
COUNT-1

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of this Honourable Court conspired amongst yourselves to knowingly alter the email addresses and phone numbers of about 1004 (One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you think thereby committed an offence contrary to Section 27 (1)(b) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015 and punishable under Section 13 of the same Act.

COUNT-2

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of the Honourable Court aided the commission of an offence to wit: to knowingly alter the email addresses and phone numbers of about 1004(One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 National elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you thereby committed an offence contrary to Section 27 (1)(b)of the Cybercrime (Prohibition, Prevention etc) Act 2015 and punishable under Section 13 of the same Act

COUNT-3
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of this Honourable Court knowingly altered the email addresses and phone numbers of about 1004 (One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 National elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you thereby committed an offence contrary to and punishable under Section 13 of the Cybercrime (Prohibition, Prevention etc) Act,2015.

COUNT-4

That you, John Ozovehe Demide sometime on the 19th of August 2018, within the Jurisdiction of this Court fraudulently used the unique identification features such as Name and Supreme Court Enrolment Number SCN043280 of one Gabriel Abijo Oladipo to vote as the same Gabriel Abijo Oladipo through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22(2) of the Cybercrime (Prohibition, Prevention etc) Act, 2015 under the same section.

COUNT-5

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 19th of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN043280 of one Gabriel Abijo Oladipo to vote as the same Gabriel Abijo Oladipo through the Smile modem on IP address 169.159.65.190 to vote with the intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-6

That you, John Ozovehe Demide sometime on the 19th August 2018, within the Jurisdiction of this Honourable Court fraudulently impersonated one Gabriel Abijo Oladipo with Supreme Court Enrolment Number SCN043280 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with the intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc ) Act, 2015.

COUNT-7

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on 19th August 2018, within the Jurisdiction of this Honourable Court aided the commission of an offence to wit: fraudulently use the unique identification features such Name and Supreme Court Enrolment Number SCN088449 of one Uthman Adeleye Oluwaseun to vote as the same Uthman Adeleye Oluwaseun through the Smile Modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime (Prohibition, Prevention etc) Act,2015

COUNT-8
That you, John Ozovehe Demide sometime on 19th August 2018, within the Jurisdiction of this Honourable Court fraudulently impersonated one Uthman Adeleye Oluwaseun with Suu preme Court Enrolment Number SCN088449 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of yhe cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-9

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 19th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN015233 of one David Anakor through the Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-10
That you, John Ozovehe Demide sometime on the 19th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one David Anakor with Supreme Court Enrolment Number SCN015233 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22(3) of the Cybercrime (Prohibition, Prevention etc) Act,2015

COUNT-11
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN114439 of one Chiagoziem Bethel Aninilu to vote as the same Chiagoziem Bethel Aninilu through the Smile modem on IP address 197.210.216.226 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the cybercrime (Prohibition, Prevention etc) Act, 2015.

COUNT-12
That you, John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one Chiagoziem Bethel Aninilu with Supreme Court Enrolment Number SCN114439 by voting as such through your Smile modem on IP address 197.210.216.226 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of the cybercrime (Prohibition Prevention etc) Act, 2015.

COUNT-13
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN024643 of one Bankole Isaac Toyin to vote as the same Bankole Isaac Toyin through the Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the cybercrime (Prohibition, Prevention etc) Act,2015.

COUNT-14
That you, John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one Bankole Isaac Toyin to vote as the same Bankole Isaac Toyin with Supreme Court Enrolment Number SCN024643 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of the cybercrime (Prohibition, Prevention etc) Act, 2015.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

VERIFICATION: ECNBA EXTENDS DEADLINE, CITES MASSIVE LAWYERS’ INTEREST

The Electoral Committee of the Nigerian Bar Association (ECNBA) has extended the deadline for lawyers verify their profiles for the forthcoming NBA Elections.

In an ECNBA Statement No. 015 titled “Extension of verification exercise” and signed by the committee Secretary, Mrs. Cordelia Eke, the electoral body stated that the verification exercise will now end barely three days to the election on Sunday, July 26, 2020.

Though the electoral committee had initially extended the deadline to yesterday, it stated that the latest extension was informed by “a huge increase in the number of Lawyers seeking to carry out their verification on the NBA Portal.”

According to the ECNBA, “The deadline for verification of Voters is now extended to 6.00PM on Sunday 26th July 2020. Eligible Voters are advised to take advantage of this further extension to get verified. Previously verified voters are required to log in to their portals and update their information, especially their contact details to ensure they have smooth access to the portal and are able to receive important information pertaining to the Voting exercise.”

Though the NBA Constitution (as amended) mandates the ECNBA to publish the voters’ register and deliver same to branches latest 28 days to the election, the register has been beset by several challenges, even as some names were duplicated. This has necessitated a clean-up of the register alongside the verification exercise.

While the committee had earlier set a deadline to end the verification exercise, this became untenable due to several complaints regarding the cumbersome nature of the process.

Below is the full text of the ECNBA statement.

EXTENSION OF VERIFICATION EXERCISE

The ECNBA has observed that in the wake of the publication of its Statement No.14 extending the date of verification of Voters, there has been a huge increase in the number of Lawyers seeking to carry out their verification on the NBA Portal. The ECNBA has therefore decided to give a further extension of the date for verification of Voters.

The deadline for verification of Voters is now extended to 6.00PM on Sunday 26th July 2020. Eligible Voters are advised to take advantage of this further extension to get verified. Previously verified voters are required to log in to their portals and update their information, especially their contact details to ensure they have smooth access to the portal and are able to receive important information pertaining to the Voting exercise.

The NBA Help desks are still available to provide support for the verification exercise for those who require same.

Thank you all for your continued cooperation.

Dated this 20th day of July 2020.

Cordelia U. Eke (Mrs.)
Secretary, ECNBA

 

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AKPATA CARPETS ECNBA, SAYS ELECTIONS WON’T BE FREE, FAIR

BY EMEKA NWADIOKE

* SAYS NBA PORTAL IS ‘EXTREMELY POROUS,’ BEING MANIPULATED

* ‘YOUR OPACITY IS A SOURCE OF CONCERN’

* WARNS THAT MANY ELIGIBLE VOTERS MAY BE SHUT OUT

A leading presidential candidate in the forthcoming Nigerian Bar Association (NBA) Elections, Mr. Olumide Akpata has raised alarm over what he called “looming disenfranchisement of voters and possible manipulation” of the elections, saying the operations of the Electoral Committee of the NBA (ECNBA) is bedeviled by “general opacity.” In a three-page letter to the electoral committee, the former NBA Section on Business Law (NBA-SBL) Chairman urged the electoral body to urgently address these concerns to reassure stakeholders.

In the three-page letter titled “Urgent need to avert the looming disenfranchisement of voters and possible manipulation of the forthcoming NBA 2020 elections,” Akpata who is a Founding Partner at TEMPLARS, a tier-1 law firm, commended the electoral committee “for its good intent and efforts towards conducting credible 2020 elections into the national offices of the NBA.”

He however said he was constrained “to register respectfully my reservations concerning the persistent issues affecting the voters’ register and verification process.” He identified three major factors that may imperil the elections, including “seriously flawed final voters’ list,” “frustrating and cumbersome verification process,” and “opacity regarding the technology and modalities for the elections.”

In a damning rebuke of the electoral body, Akpata frowned on what he termed the “general opacity regarding the conduct of the forth-coming elections,” adding that while he is keen to see that the elections are free, fair and transparent, “The realities surrounding the electoral process presently, with respect, do not suggest that this would be the case, as I explain below.”

According to him, the final voters register as published by the ECNBA is fraught with “tell-tale duplicity of names,” adding that “whilst the final voters’ list contains both duplicated and apparently non-existent names, I am informed that it omits a significant number of NBA members who paid their BPF and Branch Dues on time.”

On the verification exercise, Akpata stated that it “appears to have the effect of preventing prospective voters from exercising their franchise,” adding that “In many cases, it takes days for verification emails to be sent whilst some members simply do not get verified no matter how many times they try.”

Akpata stated that it is “more distressing” that the NBA portal on which the verification exercise is to be conducted appears not to be secure and can be easily manipulated.” He said that a report from an IT consultancy firm recruited by him to assess the vulnerability of the NBA portal “shows clearly that the portal is extremely porous,” adding that the portal “has serious vulnerabilities which could be exploited by anyone to manipulate the process in favour of or against particular candidates.”

He noted that lack of information on specific modalities for the elections is “quite disturbing,” adding that “the ECNBA needs to address the point publicly now.” Noting that the 2018 election “raised many valid concerns which must be avoided this time around,” Akpata warned that “Anything short of a fully transparent, free, fair, credible and user-friendly electoral process in the forthcoming elections would thoroughly offend the collective sensibilities of the members of the NBA which the ECNBA was constituted to serve.”

He demanded that the electoral body should publish “a complete and accurate list of eligible voters in the forthcoming elections” as well as release the statement of account from Access Bank Plc evidencing NBA members who met the March 31 deadline for payment of Bar Practising Fee.

Akpata also asked the ECNBA to “simplify and secure” the verification process and disclose the technology to be deployed for the elections, the IT vendor and measures put in place to secure the voting portal.

Suggesting that the electoral committee jettison its insistence on  a Nigeria registered IT company as vendor for the elections, Akpata stated that most professional associations including NBA Lagos Branch had deployed “technology service providers that specialize in electronic voting.” He urged the ECNBA to “adopt this standard” to ensure free and credible elections.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

 

 

BAR LEADERS PROFFER ROADMAP FOR LAW SCHOOL, LEGAL PROFESSION

Bar leaders and academics at the weekend stressed the need to leverage alumni networks for the development of legal education and law practice.

Speaking on the theme, “Alumni Networks and the Development of the Legal Profession in Nigeria” at a virtual conference hosted by the Nigeria Law School Class of 1989, a leading presidential candidate in the forthcoming Nigerian Bar Association (NBA) National Elections, Dr. Babatunde Ajibade SAN, made a strong case for the transformation of the Nigerian Law School Alumni Network into a world class framework.

Citing Harvard, Cambridge, Oxford university alumni as examples, Ajibade observed that alumni networks have been able to deploy huge human and material resources to boost the development of their alma mater, adding that “the situation should not be different for the Nigerian Law School that has produced distinguished personalities rendering invaluable services to humanity across the globe.”

The Chairman of the Counsel of Legal Education (CLE), Chief Emeka Ngige SAN, commended the management of the Nigerian Law School for deploying e-learning facilities to avoid interruption of lectures despite the COVID-19 pandemic. He also applauded the Nigerian Law School Class of 1989 for the e-learning platform donated to the school, adding that it would “go a long way to enhance remote learning for Nigerian Law School students.”

The Secretary to the Council of Legal Education & Director of Administration, Nigerian Law School, Mrs. Elizabeth Max-Uba enumerated the needs of the campuses of the school and appealed to the different alumni classes to help reposition the Law School campuses as befitting academic environments for the training of lawyers.

Speaking in the same vein, the Director General of the Nigerian Law School, Professor Isa Chiroma SAN urged alumni classes to “come to the aid of the Nigerian Law School in order to restore its lost glory.”

Contributing to the discourse, Mr. A. U. Mustapha SAN advised the coalescing of all Law School alumni classes into a single and formidable alumni association to enable better management and communication. He stated that this would spur the growth of the institution.

The Chairman of the Nigerian Law School Class of 1989, Mr. Emeka Albert explained that the soon-to-be-rolled-out multi-dimensional e-platform built by the Class includes an Alumni module that enables alumni members to engage and interact.

According to the leading justice sector reform consultant, “Lawyers need only to register with their call year and the system will group members according to year of call, making it possible for members to engage with their classmates and organise themselves into alumni associations just like the Class of ’89 and a few other Classes have done.”

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‘TOLULOPE AROTILE AND MANY UNANSWERED QUESTIONS,’ BY ADEGBORUWA

Leading human rights activist, EBUN-OLU ADEGBORUWA, SAN pens a moving tribute to promising flying officer Tolulope Arotile who was cut down in her prime by alleged motor accident, saying that only a full-scale judicial enquiry will assuage the suspicion of a ‘hatchet job’

TOLULOPE AROTILE: SUNSET AT DAWN

“Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”
– Section 33 (1) Constitution of the Federal Republic of Nigeria, 1999.

Nigeria is grieving presently, on account of the painful exit of one of her bright minds, Flight Officer Tolulope Arotile, of the Nigerian Air Force (NAF). Her story is as inspiring as it is disheartening. What happened? How did it happen? Many Nigerians didn’t know her until last week when the news of her sudden demise hit the airwaves. It came through a terse press release from NAF that first said that she died in an auto accident. This suggested that she was driving a car and ran into a ditch or a stationary vehicle. Then Nigerians demanded more information, after some other revelations showed that NAF was being economical with the truth. Then another bombshell came from NAF, this time around, the blame had shifted to an excited secondary school mate that was reversing his car to greet her and in the process knocked her down! What fiction? Even James Hadley Chase will dash NAF some medal for surpassing his own unusually wild imaginations. Just like that. The first female combat helicopter pilot is gone.

Tolulope Oluwatoyin Sarah Arotile, from the bits and pieces that one can gather, was born on December 13, 1995, in Kaduna. She is from Iffe in Ijumu Local Government Area of Kogi State. She attended Air Force Primary School, Kaduna, from 2000-2005; Air Force Secondary School, Kaduna, from 2006-2011, before gaining admission into the Nigerian Defence Academy, Kaduna, as a member of 64 Regular Course on September 22, 2012. She was commissioned into the Nigerian Air Force on September 16, 2017. She holds a commercial pilot licence after undergoing tactical flying training in Italy and South Africa. In October, 2019, she was decorated as the first female combat pilot in the 55 years history of NAF. In her short stay, she contributed greatly to the destruction of bandits in the North Central States, by flying several combat missions under Operation GAMA AIKI in Minna, Niger State. She was reported as diligent, brilliant, humble, God-fearing and dutiful. That is the star that Nigeria has lost.

Going through the media, I saw a photo of her in the air, in combat fashion, with her helicopter, with a dog by her legs and holding on to a rope, in the air, in very daring commando style. What a brave mind! The snippet of the story from her blood sister who was with her on the fateful day was that Tolulope received a telephone call that summoned her. She had just returned from a combat operation and was resting and should ordinarily not be subject to fresh rigours or errands. She left and never came back alive. The value placed on this bright life by NAF is very demeaning indeed, to say that an ‘excited old classmate ran her down’, as if in reference to some animal or worthless object. The press release from NAF came too casually, to bear. By all accounts, this is a national tragedy that should have been accorded its best attention by the relevant authorities. Perhaps it would have been better for NAF to have concluded its investigations before speaking to us, because now we have many questions begging for answers.

Who is this Adejoh friend or classmate that ran her down? How old is he? What is the exact scene of this painful event? The NAF base in Kaduna must be some well-built structure with good roads. So, let us look at the scenario properly. Tolulope was trekking on a motorized paved road within the NAF base. This Adejoh friend who was driving, drove past her, before reversing. So, Tolulope did not see the friend in the car. And then she suddenly became a static object or target that remained on the same spot, waiting for the car to just hit her and knock her down. She was motionless, waiting for the car, or was she backing the car? At what time exactly did this event happen? If it happened during daylight presumably, were they the only persons in the entire NAF base? Nobody could alert Tolulope of the death approaching her? And all the other occupants in the car that was allegedly reversing, they were all facing forward and not minding the destination of the car, for their own safety? And what is the speed of a car reversing, to be sufficiently potent to knock somebody down to the extent of death? And Tolulope herself could not see? Was she blindfolded? Is she deaf in any of her ears? Has she lately broken any of her legs not to be able to escape death? How did a combatant, who did not die in battle, who did not fall to the bullets of bandits and terrorists, lose her life to ‘an excited secondary school mate’, an unlicensed civilian driver, whose only duty was to reverse his car to knock down history in the making? How did he gain access into the NAF base, in the first place? Who are the other occupants of the car? Where is the car?

After facing series of bombardments from angry Nigerians, NAF finally released its interim investigation report on July 19, 2020 as follows:

“Upon recognizing her schoolmate, Arotile, after passing her, Mr Adejoh, who was driving, reversed the vehicle, ostensibly in an attempt to quickly meet up with the Deceased, who was walking in the opposite direction. In the process, the vehicle struck Flying Officer Arotile from the rear, knocking her down with significant force and causing her to hit her head on the pavement. The vehicle then ran over parts of her body as it veered off the road beyond the kerb and onto the pavement, causing her further injuries.”

The first action to be taken by any driver who has suddenly recognized a supposed secondary school classmate is to hoot the horn for her attention, not to pass her and then suddenly attempt to reverse in her direction. And this press release says Tolulope was walking in the opposite direction of the passing car. So, to be able to hit her the way NAF wants us to believe, the said car must first of all veer off its own lane, with all other cars waiting for it to clear off, and then zoom straight into the opposite lane, where there will be other cars also passing, all of them waiting for this car to just go straight to hit the target! And the person who drove the car was able to hit her, he did not know that he had hit any object at all, until he had ran over her body onto the pavement.

Why do we ask these questions? Government has lost integrity, as trust has been broken over the years. When government officials tell us one thing, what we experience is totally different. Just go back to the recent drama involving the Acting Chairman of the Economic and Financial Crimes Commission (EFCC). We were entertained with stories upon stories of supposed embezzlement, diversion of funds, ownership of foreign houses and mansions, by the government media, only for Mr Ibrahim Magu to come out with total denial of virtually all the allegations. And nobody has come out to defend those stories, such that we are all wondering now whether we ever read them in the first place. It is the reason that the Coronavirus pandemic has not received due attention from the people. Many believe indeed that it is all part of the usual propaganda of the government. We should get to that level when anything coming officially from the government should be greeted with maximum attention and not paranoia. In this particular regime, we have been fed with lies, half-truths and outright falsehood, in the name of news and press briefings. That is why we find it so hard to believe the stories coming from NAF concerning Tolulope.

This event happened in Kaduna, the place of her birth. The laws regulating sudden and unnatural deaths demand that there should be a Coroner’s Inquest into the death of Tolulope, at least to help NAF and the government in preventing a recurrence. Having released a hasty report that was greeted with much uproar, the general belief is that NAF will only work to justify its earlier statements, even if subsequent evidence suggests the contrary. The burial plan as announced by the government is too hasty. In the absence of a proper and an unbiased investigation that will unravel the mystery surrounding her death, in the absence of cogent and credible answers to the many questions being asked by Nigerians, a full national burial with whatever honours has no meaning to us as a nation that has lost one of our very best. Peace without justice is a peace of the graveyard and so too ceremonies without the true facts. Pray, how do we celebrate in ignorance? How do we say bye to a superstar whose death remains a mystery? How do we console ourselves as a nation if we are not sure that this is not some deliberate hatchet job, or an attack by terrorists or plain murder?

It is not time for burial yet, unless there is something that needs to be covered up hurriedly. I have heard that some people fall in their bathroom and they die, some get hit by trucks right in front of their homes, while some others die from mere fever. This is true indeed, but it will not stop us from demanding for answers to the many questions being raised on this matter. Tolulope is not just ‘some people’, she is not just an ordinary Nigerian, but a role model, who became an inspiration to many young people, who was a ray of hope to the girl-child and who was an angel sent to quell the gender imbalance in the military especially. So, we cannot just sit and allow this to be swept under the dirty Nigerian carpet. I feel the pains that all Nigerians feel at this moment and the only way to douse the suspicions is to suspend all the burial plans for now, until proper investigation has been carried out. It is not the investigation from NAF, which has since compromised itself in the disjointed press releases issued since this unfortunate incident occurred. What is needed is an independent inquiry, led by a serving or retired judicial officer, including medical personnel nominated by the Nigerian Medical Association and other experts in the field. That is what the memory of Tolulope deserves, not a State burial that tends to cover the truth.

Tolulope dreamt big for her life and for Nigeria. She said:

“I was admitted into NDA on September 22, 2012, and I was commissioned into the NAF on September 16, 2017. Being a military personnel has been a long-time ambition. The carriage and what they stand for is simply exceptional.

“I feel very privileged and very proud. I am happy that my success has brought me to this point. And I am very grateful to the Nigerian Air Force for the opportunity to have this title. And I am looking forward to giving my best to the service.”

Unfortunately, that ambition has been cut short. We demand more answers.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘THE PLATFORM’ CANCELS NBA PRESIDENTIAL DEBATE

BY EMEKA NWADIOKE

SAYS ‘WE WILL KEEP YOU INFORMED ON ANY NEW DEVELOPMENTS’

The Platform Nigeria has formally canceled its planned “interactive session” with Nigerian Bar Association (NBA) presidential candidates in line with the disapproval of the programme by the Electoral Committee of the NBA (ECNBA). However, the promotional website for the aborted programme had not been pulled down at press time.

An email to prospective participants which originated from the Convener/Visioner of The Platform Nigeria, Pastor Poju Oyemade, gave no reason for the cancellation. He however assured participants that “We will keep you informed on any new developments.”

Oyemade, the avant-garde Pastor of the mega church, Covenant Christian Centre (CCC), had in an earlier tweet on his verified Twitter handle, invited the public to the now aborted presidential debate, saying: “This Sunday @theplatformnigeria will be holding interactive sessions with the three candidates for the post of the President of the Nigerian Bar Association. #nbadecides2020.” He has not tweeted on the cancellation at press time. The Platform Nigeria is a popular speaking podium which has hosted some of Nigeria’s leading technocrats including the Nigeria’s Vice President, Prof. Yemi Osinbajo (SAN).

The ECNBA had in an email obtained by CITY LAWYER warned the presidential candidates against featuring in the virtual “interactive session,” saying it breached the NBA Constitution and “does not meet with the approval of the ECNBA.”

In response to the ECNBA directive, one of the presidential candidates, Mr. Olu Akpata formally withdrew from the interactive session, citing the email received from the electoral body. In a notice that trended on several social media platforms, he said: “Please note that in compliance with an email notice received from the ECNBA, Olumide Akpata will not be participating in the Platform interactive session billed for the 19th of July 2020 or any other debate or interactive session involving more any other candidate.

“We thank the organisers of the Platform interactive session for the work that they have put into organising the session, and hope that they and members of the public understand with us.”

It was unclear at press time whether the other presidential candidates issued any formal statements withdrawing from the programme, even as CITY LAWYER had reported that one of the candidates may have planned to shun the interactive session.

CITY LAWYER had predicted that the ECNBA would come down heavily on the aborted interactive session when it revealed plans by the electoral body to take decisive steps to stem what it perceived as serial disobedience to its earlier directives on campaigns.

Below is an email cancelling one of the planned sessions, even as similar emails were sent for the other presidential candidates:

Poju Oyemade <no-reply@zoom.us>
9:01 AM (14 hours ago)
to (NAME)

Good morning,

The webinar “Join Deacon Dele Adesina SAN in an interactive session on his vision and plans for the Nigeria Bar Association” on Jul 19, 2020, 03:00 PM has been canceled.

The Platform Nigeria wants to thank you for registering. We will keep you informed on any new developments.

Thank you

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA-SBL Chairman, Mr. Seni Adio SAN giving his address at the Opening Ceremony

EXPERTS CHART BUSINESS CONTINUITY COURSE AT NBA-SBL e-CONFERENCE

The 14th Annual Business Law Conference of the Nigerian Bar Association Section on Business Law (NBA-SBL) has come and gone but its memories will linger for a long time. Held on July 16 and 17, 2020 the e-conference had as its theme, “Business unusual: Digital acceleration for growth in a new world.” In this piece, THEODORA KIO-LAWSON, Chair, Media & Publicity, Conference Planning Committee chronicles events on Day One of the well-attended conference.

The 14th annual e-conference themed ‘Business Unusual’ began with an opening remark by the CPC Chairman – Ozofu ‘Latunde Ogiemudia and was declared opened by Hon. Chief Justice of Nigeria. Remarks were also given by Seni Adio, SAN, Chairman NBASBL, Paul Usoro, SAN President, NBA; goodwill messages by H.E Babajide Sanwo-Olu, H.E Seyi Makinde; and keynote address was by Senator William “Mo” Cowan, President, Global Government Affairs and Policy GAP) and Developed Markets for GE.

Day one was characterized by two plenary sessions, three breakout sessions and a fireside chat. The first plenary session, Disrupting the Status Quo: Charting the Path for an Alliance involved a thorough discussion between entrepreneurs and policy makers on forging a new alliance under which Nigerian businesses can flourish considering the global economic crisis presented by COVID-19 pandemic. This session featured the Hon. Minister of Mines and Steel Development. It was noted that Nigeria has seen significant attrition in both FPIs and FDIs since the pandemic began, and the government is working on putting in place policies to avoid depression, although recession may be unavoidable. These policies include an extra 2.3trillion budget to revive the economy into priority sectors – agriculture, public housing and power sector; a strategy to employ 774000 people– 1000 employees from the 774 LGs in the country; creation of gold ecosystem – solar power and internet is being taken to the off-grids so that they won’t be left behind, and a downstream policy to eliminate export of raw oil.

During the second session, themed, “Business Unusual: Continuity in times of Crisis” the panelists recognised that uncertainty is more eminent and may remain for a longtime. Despite this, businesses must explore creative ways to ensure continuity, and technology must be embraced to ensure ease of doing business at this crisis time. Businesses must stay communicative across their customer base and keep talent pools together while accelerating a digital transformation process. To solve financial problems, businesses should offer solutions to larger businesses to get capital, as staying liquid is key while it was recommended that small businesses should be encouraged with strong regulations to help them survive.

During the fireside chat themed, Changes on the Horizon: The Future of Company Law in Nigeria reference was made to the Companies and Allied Matters Bill that was passed by the National Assembly. The Bill covers a wide range of measures which, once it receives Presidential Assent, would see significant operational and legislative changes to company law, impacting new and existing businesses. In this brief Fireside Chat, the Registrar General of the Corporate Affairs Commission discussed the forthcoming changes to Company Law in Nigeria including the introduction of a mailing system and e-filing that enables documentations and signature, filling during change of directors, registration, change of name, and submission of financial statement to be done electronically. The CAC has in plan to start issuing e-certificate. This will come to fruition before the end of the year. It was said that this will help the commission integrity and we will subsequently publish for clients to see.

This first breakout session, Banking through the crisis explored how the banking sector and fintech solutions can navigate through the unprecedented times. It also accessed how banks manage to service their customers in the pandemic as well as outlook of things post covid-19. Interswitch stated that whatever affects the banks affects fintech organization. There was a huge spike in the use of cards at the peak of the pandemic but with fear of job loss, people became conscious of their spending. It was envisaged that fraudsters would take advantage of the operation, with support from the CBN, things were kept in check. The fintech industry experienced a deep in May, and recovery in June – v-shaped, but as things have stabilized they industry is taking a hopeful view.

In the second breakout session, Fossilized: End of the Oil and Gas Industry as we know it?, the plunging demand for oil brought about by the coronavirus pandemic, combined with a savage price war, has presented the oil industry with the gravest challenge in its 100-year history. What will be the short- and longer-term impacts for the oil industry? Going forward, this season would affect the balance on the supply sides and prices might remain low for a while. It might trigger struggle for market share and might damage the market the more, thus affecting tax ad investment. Also, issues of social inclusiveness such as sustainability must be emphasized.

In this session, themed, “AfCFTA: Dead or Alive?”, as countries look to localise supply chains and protect their national interests, the question of the status and possible implementation of the Africa Continental Free Trade Agreement remain. On Mon July 8, 2019, Nigeria signed the Africa Continental Free Trade Agreement (AfCFTA) which aims to increase trade between African countries. Though the country aimed to ratify in July the pandemic has affected the process. Many countries have closed their borders for exports; 42 borders have been closed, either partially or fully. This will make AFCTA less difficult from country to country because of the difference legal frame work is different. To ensure free trade agreement establishment across countries in Africa, nations must ensure the use of standard business and market negotiation, instituting neutral bodies to address standards, and to ensure border barriers are removed.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

SIGHTS AND SIGHTS OF NBA-SBL e-CONFERENCE 2020

The 14th Annual Business Law Conference of the Nigerian Bar Association Section on Business Law (NBA-SBL) has come and gone but its memories will linger for a long time. Held on July 16 and 17, 2020 the e-conference had as its theme, “Business unusual: Digital acceleration for growth in a new world.” 

Below are some of the images at the pace-setting virtual conference.

 

L-R, Christine Sijuwade, Chair, Venue & Accommodation, Adeola Ajayi, Secretary, CPC, Seni Adio, SAN, Chairman, NBA-SBL, Theodora Kio-Lawson, Chair, Media & Publicity, Ozofu Ogiemudia, Chair, Conference Planning Committee.
L-R, Christine Sijuwade, Chair, Venue & Accommodation, Adeola Ajayi, Secretary, CPC, Seni Adio, SAN, Chairman, NBA-SBL, Theodora Kio-Lawson, Chair, Media & Publicity, Ozofu Ogiemudia, Chair, Conference Planning Committee.

HOW YOUNG LAWYERS CAN SURVIVE AND THRIVE, BY UDEMEZUE

In this paper presented at the FAMA FIRM virtual conference on “Contemporary issues facing the welfare of young lawyers in Nigeria and possible solutions” by fiery Law Teacher, SYLVESTER UDEMEZUE, he strives to plot a roadmap for Nigeria’s young lawyers on how to surmount the myriad of challenges besetting them in the legal services industry.

NIGERIAN YOUNG LAWYERS, THEIR MANY CHALLENGES, AND THE WAY OUT OF THE DOLDRUMS

At the FAMA FIRM’s LAW WEBINAR where the problems and welfare of the Nigerian young lawyer took the Centre stage, I (as a one of the main speakers) tried to identify some of the problems facing the young lawyer in Nigeria, and I made efforts to also advance some recommendations on the way out of the doldrums, in the best interest of young lawyers and the law profession.

For the many challenges the young lawyer faces in Nigeria, I respectfully held the following people and organizations blameful/responsible (each to a certain degree):

1. The Young Lawyer himself/Herself— Lack of proper orientation on the things that really matter within and outside the profession; obsession with inane materialism; excessive greed; acute impatience; lack of proper commitment and self-preparation; low self-development efforts; poor reading culture; obsession with negative comparison; lack of objectiveness in decision-making during Bar elections which leads, sometimes, to enthronement of wrong leaders; failure or refusal to cooperate with, or support incumbent Bar leaderships at all levels; mentality of over-dependence on others (looking for apple instead of focusing on learning how to pluck the apples yourself); improper packaging (your packaging determines the level of treatment you get from others); improper focus on money instead of work which is what would eventually yield you greater dividends; excessive desperation; lack of humility; engagement in delinquent behaviors; distorted and disjointed attitude to life and value system, selfishness and egoism, etc.

2. The Society in which the young lawyer has found himself/herself — bad and corrupt governance, gullible and docile followership, degraded society, poor economy, social dislocation, low support infrastructure, etc.

3. Successive leadership of the Bar Association over the years — failure of NBA leaderships to work hard to stop/reduce incessant encroachment into the legal practice space by non-lawyers; failure to initiate necessary legal reforms that would ensure expansion of the employment base for legal practitioners in order to create more employment and make lawyers more relevant to society (most lawyers look for work only in law firms thereby creating more pressure and are subjected to undue exploitation, harassment, and poor treatment, etc: law firms would appreciate and pay lawyers more (to discourage them from leaving) if the firms see fewer lawyers to employ); NBA has not focused on the real needs of the young lawyer (trying to fix a minimum wage for privately-owned Law firms is mere pursuit of the impossible; come off it and focus on the realizable, more beneficial things); segregation and division within the various segments of the profession lead to acrimony and lack of proper focus; NBA and its members give very little support to legal education institutions in Nigeria; failure to secure a better deal for lawyers in the society, compared to members of other professions (medical profession has a better deal because their leadership had worked for it), NBA has not created proper avenues for robust engagement and deliberations on the challenges facing the young lawyer and the profession in general (except in few instances, the periods and sessions during NBA Annual Conferences are usually entirely dissipated/wasted on discussing matters that have little or NO relevance to the welfare and promotion of lawyers, the legal profession and the young lawyers in particular; we won’t know how to solve our problems if we don’t have proper avenues of identifying and and discussing them comprehensively); etc

4. Employers of (Law) Labour — sexual and other harassment by bosses due partly to desperation and improper conduct (dressing, etc) on the part of young lawyers, and also due to the randy nature of some employers; undue exploitation by employers; improper/inadequate remuneration and welfare packages for employees; unconducive work environment; lack of proper involvement, engagement, poor employer leadership examples, poor employee-motivation etc.

5. Our Learned Senior Colleagues — incessant intimidation and bullying of young lawyers which tend to put the young lawyers off, discourage them and sometimes frustrate them out of the profession; most of our seniors don’t lead by good example, most seniors don’t provide proper support and encouragement to juniors, selfishness by seniors, etc.

6. Educational Institutions—- starting from secondary schools and universities, we need to take education of our youth much more seriously; Council of Legal Education (CLE) should tighten the noose on Law Faculties to force them to re-double their efforts at training lawyers; Guidance and Counseling should be made a necessary part of the curriculum both at the secondary and university level, and indeed all levels, etc.

7. Regulatory Institutions within the legal profession— each regulator hardly lives up to its responsibilities and the expectations of lawyers generally , inefficiency and corruptions, nepotism, little or no partnership among core regulators, etc.

8. Individual Luck: Not everyone would be rich or well-to-do; if you try to be faster than your shadow, you may crash. Hard work is a condition precedent to success; but not everyone who works hard that must succeed. Accordingly, while you work hard to be the best, try and make allowance for some failure or ill-luck because you don’t know what the future holds in store for you. Hope and work for the best, but be prepared for the worst, sometimes; life might not be a bed of roses; challenges are a part of life. Our destinies aren’t the same. Learn how to approach failure and delays. Some were born great; some have greatness foisted upon them; but some must work very hard to achieve greatness. Yet, there are others who spent an entire lifetime working for greatness, but unsuccessfully; such is life. If you lose sight of this fact, you may miss your steps.

9. Parents and Guardians: not everyone is cut out to be a lawyer; some force their children or wards on the profession; let parents subject their children and wards for proper guidance and counseling before allowing them to study law. Don’t push your child to study law; let the decision be wholly voluntary, based on proper counseling. Some lawyers HAVE NO BUSINESS coming into the profession. They just can’t cope, however anyone tries to help them. They’re square pegs in round holes; Legal Missorts!

10. Poor Justice Administration System: corrupting, ineptitude and especially chronic delays in justice dispensation in Nigeria are a great source of frustration and discouragement for the young lawyers.
➖➖➖➖

I proffered a number of solutions, which are contained in my paper (to be shared shortly). I then concluded: the solution to the young lawyer’s problems must begin (but not end) with the young lawyer himself/herself: an altogether new mode of thinking; improved reading culture; hard work; more commitment to the profession and work; patience; selflessness; radical reorientation; eschew materialism and negative comparative analysis; the dependence-mentality; focus all your energy on work, not money, and money will come; proper self-packaging (you don’t need much money to properly package/market yourself; but you need proper packaging to get the money you need, and to make it in the profession); develop the attitude of selfless service (how you serve others determines how far you can go in the profession); personal development; networking; flee from all forms of evil because KARMA and RETRIBUTION are REAL; stay away from money politics during bar elections so you can get the right leadership,; support every incumbent NBA leadership (even if your candidate during elections lost/loses the election (it a civic responsibility), etc.

As I have said, I will make my paper available for public consumption and to continue the discussion.

Respectfully,
Sylvester Udemezue (udems)

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

 

EXCLUSIVE: ECNBA BARS PRESIDENTIAL CANDIDATES FROM ‘THE PLATFORM’ DEBATE

BY EMEKA NWADIOKE

The Electoral Committee of the Nigerian Bar Association (ECNBA) has warned presidential candidates against participating in an “interactive session” scheduled for today by a The Platform Nigeria, saying the programme “does not meet with the approval of the ECNBA.”

In an email obtained by CITY LAWYER, the electoral body cited its earlier statement on the matter as well as provisions of the NBA Constitution (as amended), saying: “For the avoidance of doubt and as previously communicated to the Presidential Candidates, the proposed advertised interactive session for NBA Presidential Candidates organized by The Platform Nigeria, scheduled to hold on Sunday 19th July 2020, does not meet with the approval of the ECNBA.”

A source familiar with the operations of the electoral committee told CITY LAWYER yesterday that the committee had decided to deal decisively with the recurring issue of campaign debates, saying: “The committee will take a step to stop the recurrence of these issues. They are already working on something.”

CITY LAWYER had in its report noted the anxiety among Bar Leaders over the proposed interactive session, even as there were feelers that at least one of the presidential candidates had opted to shun the programme.

Below is the full text of the ECNBA email.

Dear Sir/Madam,

It has come to the attention of the ECNBA that Candidates in the NBA National Elections have been engaged in various forms of electioneering campaigns without regard to the provisions of the NBA Constitution 2015 (as amended) and the guidelines set out by the ECNBA.

We would like to draw your attention to the provisions of the NBA Constitution, the ECNBA Election Guidelines and ECNBA Statement No. 014 which clearly prohibit any form of campaign, save for that which is provided for in the Constitution.

For the avoidance of doubt and as previously communicated to the Presidential Candidates, the proposed advertised interactive session for NBA Presidential Candidates organized by The Platform Nigeria, scheduled to hold on Sunday 19th July 2020, does not meet with the approval of the ECNBA.

We count on your usual understanding and cooperation as we strive to carry out a respectable and responsible electoral exercise for our dear profession.

Accept the professional regards of the ECNBA.

Cordelia U. Eke
Secretary

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

ELECTION DEBATES: ECNBA MAY HAMMER PRESIDENTIAL CANDIDATES

BY EMEKA NWADIOKE
There are strong indications that the Electoral Committee of the Nigerian Bar Association (ECNBA) is viewing with serious concern the campaign practices of candidates for the 2020 NBA Elections.

A source who is familiar with the operations of the electoral committee told CITY LAWYER that the electoral umpire is concerned that most of its warnings on campaigning have been observed in breach.

Making reference to a presidential debate billed for tomorrow and organized by The Platform Nigeria, a popular public speaking programme with Pastor Poju Oyemade of Covenant Christian Centre as Convener/Visionary, the source told CITY LAWYER that the committee has decided to deal decisively with the matter, saying: “The committee will take a step to stop the recurrence of these issues. The committee is already working on something.

“The (ECNBA) Statement was very clear. Debates for purposes of Campaign are not allowed. I believe the candidates know the rules, even if organisers feign ignorance.”

Reminded that tomorrow’s event is billed as an “interactive session” and not a debate, the source queried: “But it is Presidential? For candidates in the election!”

Indications have however emerged that at least one presidential candidate may not participate in the debate. A ranking official in the candidate’s campaign organisation told CITY LAWYER that “this is due to the ECNBA Statement on the subject. The statement is clear enough. While I have not spoken to my candidate on his participation, I think the options are clear – get the ECNBA to rescind its statement or stay away.”

It is recalled that The Platform Nigeria has scheduled for tomorrow a virtual programme tagged “Interactive sessions with the Presidential Candidates of the NBA 2020 Elections on their vision and plans for the Nigerian Bar Association.” 

YLF_DEBATE

While the interactive session with Mr. Dele Adesina SAN is scheduled to kick off at 3 pm tomorrow, Mr. Olu Akpata will mount the podium at 5 pm. On his part, Dr. Babatunde Ajibade SAN is billed for the 7 pm slot. Prospective participants are billed to register for the programme.

The electoral committee had in its ECNBA Statement No. 014 warned the candidates against infringing the electoral guidelines, saying: “The Committee frowns at activities that detract from the objectives of an inclusive free, fair, and credible poll for our Association. The Constitution has prescribed the manner of and mode for campaigns for the elections; as such, any electioneering campaign activity outside of this is unacceptable to the Committee. The candidates, their supporters, as well as NBA Branches, are advised to take down all help desks, debate platforms (virtual or physical), and or voting desks set up for the purpose of the elections and which are capable of compromising the integrity of the process. The Committee will not hesitate to sanction any candidate who deliberately flouts the provisions of the Constitution and the ECNBA Guidelines for the elections.” 

Though the NBA Young Lawyers Forum (NBA-YLF) had scheduled a Presidential Debate to hold today, the event was abruptly shelved in deference to the ECNBA’s latest position. CITY LAWYER gathered that efforts to make the electoral committee shift its position have so far proved abortive.

A notice by the NBA-YLF Chairman, Mr. Tobi Adebowale announcing suspension of the presidential debate read: “The motivation behind the debate was and remains our belief that Young Lawyers constitute a large proportion of the prospective voters at the NBA Elections and their concerns have invariably dominated the conversations around the elections. As such, the YLF decided upon hosting a live TV debate with feedback via social media to provide an opportunity for a robust conversation with the candidates for the OPNBA.

“As you are aware, the Electoral Committee of the Nigerian Bar Association (“ECNBA”) recently issued a statement to the effect that ‘candidates, their supporters, as well as NBA Branches, are advised to take down all help desks, debate platforms (virtual or physical), and or voting desks set up for the purpose of the elections and which are capable of compromising the integrity of the process.’
“Further to the above, the YLF has come to a decision to put the Debate earlier scheduled for 6:15pm today, July 18, 2020 on hold. We have communicated the above decision to the NBA Presidential Candidates and our partners, Plus TV Africa. We will continue to engage the ECNBA and other stakeholders for the benefit of Young Lawyers and the Bar at large.”

Meanwhile, some Bar Leaders have berated the presidential candidates for allegedly agreeing to participate in tomorrow’s debate. Uploading the programme’s banner on “State of the Bar,” a WhatsApp group populated by Nigeria’s legal elite, a commentator said: “Ok so i just stumbled on this and I’m like what!!!??? Is this appropriate? What really is happening? We go from Channels to TVC to CNN to ITV to AiT and now Platform? How selfless is service in the NBA really?”

This led another prominent lawyer to state: “I am worried too. Can’t the NBA organise a debate for our candidates? Why should it be 3rd parties doing that? It is becoming to look like this is a governorship election rather than an NBA election.”

The NBA Election is scheduled to hold on July 29 and 30, 2020.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

YLF CHAIR, TOP UK ATTORNEY, UDEMEZUE TACKLE YOUNG LAWYERS’ WELFARE TOMORROW

Vocal Nigerian Law School Senior Lecturer, Mr. Sylvester Udemezue will tomorrow square up with a leading United Kingdom attorney, Prof. Suzanne Rab and President of the Nigerian Bar Association Young Lawyers Forum (NBA-YLF) Council, Mr. Tobi Adebowale to discuss the vexed issue of welfare of young lawyers.

The event is a virtual conference hosted by top Kaduna based law firm, Fama Firm and titled “Contemporary issues facing the welfare of young lawyers in Nigeria and possible solutions.” The two-hour roundtable which promises to be highly engaging will kick off at 1:30 pm.

The other panelists include Mr. Idris Mohammed, a Fellow of the Chartered Institute of Arbitrators (UK) and Managing Partner of FAMA FIRM as well as Adeline Owusua Asante, a Ghanaian attorney with Accra based Integrated Legal Consultants. The webinar will be moderated by Zainab Mohammad Bello, Pro-bono Coordinator at FAMA FIRM.

Participants are required to register for the webinar at https://zoom.us/webinar/register/WN_0L6m2ioQTaycWsqG4dLn-w or www.famafirm.com/webinar.

Rab has the uncommon distinction of having been admitted to the bar of England and Wales both as a barrister and solicitor. She is also admitted as a solicitor in Ireland. She has wide experience of EU law and competition law matters combining cartel regulation, commercial practices, IP exploitation, merger control, public procurement and State aid. 

Rab’s practice has a particular focus on the interface between competition law and economic regulation. She advises governments, regulators and businesses across the regulated sectors including in the communications, energy, financial services, healthcare/ pharmaceuticals, TMT and water sectors. She has significant experience of advising on the development, implementation and application of new competition laws and regulatory regimes in line with international best practices, including in emerging markets.

In private practice as a solicitor for 15 years prior to joining the bar, she has held positions at magic circle and leading international antitrust practices. Most recently she was an antitrust partner with a leading US practice. She has also held the role of director at PricewaterhouseCoopers working within its strategy, economics and forensics teams.

A respected author, Rab is a Consulting Editorial Board member for LexisNexis Competition; Visiting Professor, Imperial College Business School, Intellectual Property and Antitrust; Member, Advisory Board of the Oxford Regulatory Policy Institute (RPI), and a Member of Editorial Board of Competition Law Insight Fellow of the Royal Society of Arts.

She has been described by Who’s Who Legal UK Bar as “among the best” in the energy field according to sources who commend her “tenacity, technical excellence and enthusiasm”. The Legal 500/Chambers & Partners describes her as “Recommended for her experience acting for governments, regulators and businesses on EU regulation,” adding that “Solicitors praise her for her superior client service .…” On its part, Who’s Who Legal UK Bar: Competition describes the leading attorney as having “superb knowledge of the law”, “creative approach to problem solving” and a “hard-working nature.”

Mohammed has extensive interest in Telecommunication law and Corporate and Commercial Law, having pursued both interests at post-graduate level. He also has extensive experience in Arbitration. He is reputed as an accomplished litigator and appellate court lawyer, and has written several briefs at the Supreme Court and Court of Appeal. His experience cuts across Telecommunications Law, Arbitration, Litigation & Appellate Practice.

He has consulted for such A-List technology companies like Swap Technologies & Telecomms Plc, American Towers Corporation Nigeria Ltd, Emerging Markets Telecommunications Services Limited (Etisalat), Huawei Technologies Nigeria Limited, MainOne Cable Company Ltd, Sparkwest Industries, Starcomms Plc and Helios Towers Nigeria.

Mohammed successfully represented a Nigerian tower company before an adhoc arbitral panel in a claim of $65 Million Dollars against a major telecommunications company, and is currently representing clients in a N1.2 Billion damages claim against a multinational company and a N650 million contract claim against a state government.

His practice areas include Telecommunications Law, Arbitration, Litigation And Appellate Practice, And Corporate/Commercial Law.

FAMA FIRM is reputed as “one of the leading commercial law firms in Northern Nigeria.” The firm provides legal services in diverse areas, and is “highly dynamic, service oriented, principally focused on fulfilling client’s need.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA PALLIATIVES: ANXIETY, AS YOUNG LAWYERS CRY OUT OVER DELAY

BY EMEKA NWADIOKE

Young lawyers have expressed disappointment on delays that have enveloped the Nigerian Bar Association (NBA) Palliatives Scheme. The lawyers yesterday tackled NBA National Officers on the issue on the association’s official WhatsApp platform, “BAR CENTRE 4.”

Opening the barrage of complaints, one Victor Eze wrote on the platform: “Victor Eze from Yola Branch. Please when will they give us the NBA National palliative?” This was the tonic other young lawyers engage in another heated and prolonged debate on the palliatives debacle.

Following up on Eze’s poser, one Muhammad Raji Yabaji said: “I like the question, after receiving our particulars nothing we heard from them.”

Apparently disappointed by turn of events, one Count Vladislaus, switching between formal and Broken English, said: “Broda nor just put mind. NBA National may not give any palliative. You see the way this country goes… They wait for an event to cover up an event, all they just do is just postpone and postpone till we all forget, soon it’ll be December and the NBA National will start dropping guidelines for payment of the 2021 BPF.

“50 naira wen tear nobody see, money wen people pay for BPF will not be talked about, na how to collect 2021 own go dey National minds. Worst part is that we go still rush go pay before 31st March and I am bold to say nothing, absolutely nothing will happen because NBA national will sweep it all under the rug, life will go on as usual. Kobo as palliative none of us go see. Mark my words.

“If they like after this they may send me out of this group and any NBA group, it just shows that what I am saying is the truth. And yes; truth be told we all are aware of the politics up there in the National. Left for a ton of young lawyers in the country they would not pay dime to NBA National, because the words, ‘WHAT HAS NBA DONE FOR ME’ is (sic) on the lips of thousands of young lawyers out there. Let us not deny it.”

I believe the delay in disbursement is becoming unduly protracted for our comfort. Yes, the President has spoken on it about two times now providing assurance that the funds are there. But it may be better to tell us why the wait is this prolonged instead of the silence which has capacity to breed rumors. We are entitled to know what is happening.

On Vladislaus’s fears that he may be sanctioned by the platform administrators for his views, one Damilare Ojo assured him otherwise, saying: “The fact is you have made your point. We are all AGITATED!”

On her part, Precious Nwadimuya said: “So we don’t waste the opportunity to get an answer, I will ask the question on our behalf. @Habeeb Lawal @ PRO NBA Asaba @Kunle Edun, What is happening to the monies raised by our learned seniors in the profession meant to provide palliative for lawyers who submitted their particulars? I believe the delay in disbursement is becoming unduly protracted for our comfort. Yes, the President has spoken on it about two times now providing assurance that the funds are there. But it may be better to tell us why the wait is this prolonged instead of the silence which has capacity to breed rumors. We are entitled to know what is happening. Publicity team, if it means going to (Dr. Wale) Babalakin to know what is happening, please go and bring word for us and bring the money on your way coming, that would be better.”

Particularly worried that the tenure of the current NBA Administration is coming to an end, Vladislaus said: “August is fast approaching, the NBA executives will hand over. Nothing, absolutely nothing will happen. We all will pay BPF again in 2021 and nothing will happen. I challenge the NBA to prove me wrong. This is Nigeria, I hope the NBA proves me wrong in everything. I will be glad they did.”

Trying to assuage the persistent complaints, NBA Publicity Secretary, Mr. Kunle Edun: “Your concerns are valid. I can assure you that the issue you raised has been taken up with the Committee. We should be expecting a positive response soon. I appreciate all the patience. Thanks.”

In an earlier intervention when the debate arose on the platform, Count Vladislaus said: “Just wait, by August they will give a report on how they spent billions on palliatives.”

As one Ezenwa Okoli warned that “You can now be sued for allegations of this nature. Let’s watch it pls,” Vladislaus retorted: “Because we are speaking about our pains, they want to silence us like the FG did Sowere, 2Face and others.”

On his part, Rabiu Ibrahim said: “We are all speaking our minds as lawyers, this is an avenue where young lawyers should know that NBA are in existence. It is when something’s happened that another thing happened. We are not trying to put an accusing finger on anybody. If lawyers that are 10 years at the bar will complain, then I wonder what other lawyers will say.”

This again led Edun to wade in to douse the face-off, saying: “Gentlemen, pls while we exercise our right to freedom of speech, let us show mutual respect to each other and be civil. Thanks.”

It is recalled that NBA President, Mr. Paul Usoro SAN had in a Press Statement late May said that “the NBA COVID-19 Relief Fund Account had a credit balance of N84,223,000.00 donated almost entirely by our distinguished colleagues.” CITY LAWYER gathered that the current balance may be in excess of N90 million.

Usoro added that “The Welfare Committee was saddled with a second significant assignment upon its constitution, to wit, ‘work with me in designing the most equitable and integrity-proof model for identifying the genuinely needy beneficiaries of the relief materials. Part of the Committee’s responsibility would also be to determine the form that the reliefs should take e.g. cash or kind (illustratively, food items and the like) or a combination of the two or any other form.’

“That part of the assignment remains outstanding. I have been assured by the Committee that their focus has so far been on ‘baking the cake’, in a manner of speaking, and that they would shortly proceed to and with that follow-through assignment of distributing the funds to the truly needy members of our Association. I would work with them in that regard and would keep our members fully informed and updated.”

The NBA Welfare Committee is headed by top corporate lawyer, Babalakin. Other members are Chief Bolaji Ayorinde (SAN), Vice Chairman; Miannaya Essien (SAN), Yakubu Maikyau (SAN), Solomon Umoh (SAN), Dr. Garba Tertengi (SAN), Mrs. Victoria Awomolo (SAN) and Sylva Ogwemoh (SAN).

Also appointed as members of the committee are Ibrahim Muhammed (SAN), Emeka Etiaba (SAN), Mba Ukweni (SAN), Steven Adehi (SAN), Olabode Olanipekun (SAN), Tuduru Ede (SAN), Theophilus Igba (3rd Vice President), Emeka Anosike (National Financial Secretary), Joshua Usman (National Welfare Secretary) and Ewenode Onoriode (1st National Assistant Secretary)” as the COVID-19 Committee Secretary.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EXCLUSIVE: CRISIS ROCKS NBA LEADERSHIP, AS VP BLASTS USORO

BY EMEKA NWADIOKE

  • ACCUSES NBA PRESIDENT OF BREACHING CONSTITUTION

  • LABELS HIM ‘SOLE ADMINISTRATOR’

  • ‘NATIONAL OFFICERS NEGLECTED, TREATED UNFAIRLY’

  • SAYS APPOINTMENT OF NEC MEMBERS FLAWED

  • RAISES POSERS ON PREPARATIONS FOR NBA ELECTIONS

The crisis of confidence rocking the leadership of the Nigerian Bar Association (NBA) peaked at the weekend following an unprecedented and scorching indictment of NBA President, Mr. Paul Usoro SAN by the association’s Second Vice President, Dr. Foluke Dada.

In an email last Thursday by Dada to the NBA President obtained by CITY LAWYER, the fiery senior lawyer lampooned Usoro for his leadership style, saying that National Officers have been sidelined from discharging their constitutionally guaranteed roles.

Titled “My concern on the state of the 2020 Elections and the abandonment by the President of the NBA, Paul Usoro SAN of the National Officers in the scheme of NBA affairs,” CITY LAWYER gathered that the email was copied to all the National Officers.

Noting that all efforts to discuss the “burning issues” were rebuffed by the NBA President, Dada, who is also the Chair of Advocacy Committee of NBA Women Forum, stated that Usoro’s style “has been one of pure neglect or shall we say, total abandonment of the key officers of the NBA national Exco,” adding that “In fact, the word is that you, Mr. President, view your officers as ordinary appendages to your office with no usefulness as to the running of the organization against the core provisions of the Constitution of the NBA.”

Assessing Usoro’s leadership style, the NBA Second Vice President scored him poorly on teamwork, adding that National Officers were denied the opportunity to contribute to decision making in their constitutionally mandated roles. Her words: “It is in line with the trust imposed, that as an officer, who observes throughout an almost two -year tenure that the affairs of the National body has been SOLELY stage-managed by you as a “Sole Administrator”, so to speak, and in addition, all affairs have been personally handled to the EXCLUSION of the members of the exco by you to the detriment of all. This is in clear assault to the intentions of the drafters of the Constitution of our great body, the Nigerian Bar Association.”

Dada accused the NBA President of nepotism, noting that she rebuffed Usoro’s attempt to hijack her constitutionally guaranteed role. Her words: “It is on this note that the agenda of neglect/abandonment of officers started from the inception of our tenure when you sought to appoint your kinsman, Victor Etim ESQ. to perform the duties constitutionally granted to the office of the Second Vice President of the Bar! This move was resisted by me but you employed the silent code to avoid your officers to the best of your ability! There are lessons to be learned!!!”

She noted that key decisions were taken “without the input of any member of the executive,” adding that “appointment of members of over 100 Co-Opted NEC has been conducted by you to the detriment of the interests of the majority of your National Officers and the Bar, particularly, those you perceive as having voted for your opposition during the election at the Bar.

Turning to the 2020 NBA National Elections, Dada who declared herself a “woman of honor and integrity,” said that “members from across the Nation have been clamoring for the postponement of the 2020 National Elections for reasons varying from the lack of transparency, lack of a trust-worthy web platform secured to ensure the integrity of the elections, incomplete or unverifiable electoral list, verification difficulties etc.”

She raised many posers on the integrity of the electoral process, and urged Usoro to provide answers to them, saying: “My question to you sir, Are we providing the best possible electoral platform and resources to our members?”

With a tone of finality, Dada, who is also the the Iyalode of Ere Ijesha and Yeye Mofin of Itaji-Ekiti, stated that the National Officers had a raw deal under the Usoro Administration. She said: “Sir, I (and I believe all of us, as national officers) have been unfairly treated by you sir. Let this be on record!”

It is recalled that CITY LAWYER had in a report last May noted concerns by some National Officers that they were not carried along especially in relation to award of contract for the revamp of the NBA Website. The report stated that “At least three National officers who spoke to CITY LAWYER recently vowed that they were in the dark on the NBA website contract, adding that it was never discussed at any of their meetings. They also pleaded ignorance on the identity of the vendor or scope of work contained in the contract. The NBA did not respond to CITY LAWYER enquiries on the subject.”

  • DR. FOLUKE DADA, NBA Second Vice President

Below is the full text of the letter.

MY CONCERN ON THE STATE OF THE 2020 ELECTIONS AND THE ABANDONMENT BY THE PRESIDENT OF THE NBA, PAUL USORO SAN OF THE NATIONAL OFFICERS IN THE SCHEME OF NBA AFFAIRS

Dear Sir,

Greetings!

PREAMBLE:

Permit me to explore this avenue to make known my observations on some of the issues arising from my association with your honourable self and some of the burning issues within the NBA Community on the vital areas of concern that should be discussed.

May I remind you sir, Mr. President, that I have called by phone and sent many messages via WhatsApp and through a phone call 3 weeks ago to your wife, Mrs. Mfon Usoro who called out to you across the room but you responded that you were busy! Since then, I have not had the courtesy of a return call or response to any of my messages or attempt to reach you to discuss some of these vital issues! Hence, my adopting the current medium to hone in some of the points I would have preferred to discuss with you personally.

It is indeed worrisome to me that the trend and path adopted by your honourable self, being the elected President of the Nigerian Bar Association (2018-2020), (just as we all have been elected to serve one constitutional purpose or the other), has been one of pure neglect or shall we say, total abandonment of the key officers of the NBA national Exco. In fact, the word is that you, Mr. President, view your officers as ordinary appendages to your office with no usefulness as to the running of the organization against the core provisions of the Constitution of the NBA. Little did it surprise anyone that you sought to include into the recently amended Constitution of the NBA, the clause (which was honorably expunged by members at the AGM of 2019), that persons seeking an election into offices at the Bar should be men and women of “means!”

ISSUES AT THE CORE

My distinguished President, I humbly and honorably disagree with the above concept formally and do seek your indulgence to state categorically that I am a woman of honor and integrity and of course with means adequate enough to live a honourable lifestyle of a lady at the Bar! I am of the view, that same applies to my other colleagues at the EXCO! Let me state further that;

The Nigerian Bar Association is a body governed by her Constitution (2015 as amended 2019) and several rules of Professional Ethics and behavior that require that the men and indeed women at the Bar serve with utmost dignity and integrity of purpose within and outside the Bar. Hence, the perceived indictment on the person of any national officer who feels alienated from the performance of his or her duties so accorded by the trust and confidence imposed on their election into the various offices of the Bar! This is my belief throughout the tenure!

It is in line with the trust imposed, that as an officer, who observes throughout an almost two -year tenure that the affairs of the National body has been SOLELY stage-managed by you as a “Sole Administrator”, so to speak, and in addition, all affairs have been personally handled to the EXCLUSION of the members of the exco by you to the detriment of all. This is in clear assault to the intentions of the drafters of the Constitution of our great body, the Nigerian Bar Association.

Recall also, that you, as the President of the NBA, has refused totally to engage your officers in the vital decisions affecting the Bar to the detriment of the Constitutionally mandated roles of your executive officers. It is on this note that the agenda of neglect/abandonment of officers started from the inception of our tenure when you sought to appoint your kinsman, Victor Etim ESQ. to perform the duties constitutionally granted to the office of the Second Vice President of the Bar! This move was resisted by me but you employed the silent code to avoid your officers to the best of your ability! There are lessons to be learned!!!

Recall again sir, that prior to and throughout the COVID-19 saga AND TILL DATE, you have refused to call one National Officers Meeting, physically or virtually!

In fact, it is bemusing that throughout the COVID-19 period, I, as your officer, did not receive ONE phone call or message to check the welfare, not to talk of working or suggesting or contributing to any Bar related issue from you!

Recall as well, that even the appointment of members of over 100 Co-Opted NEC has been conducted by you to the detriment of the interests of the majority of your National Officers and the Bar, particularly, those you perceive as having voted for your opposition during the election at the Bar.

Mr. President, vital decisions have been taken without the input of any member of the executive, save yourself sir. We seem to be the administration that thrived on NEC ratifications after the fact. This is no surprise as the bulk of the co-opted membership of NEC was selected by you sir! Would I be right to assume that this was done for a purpose? Why were officers made redundant and despised?

THE ULTIMATE –  NBA 2020 ELECTION

As recently as yesterday, July 6th, 2020, members from across the Nation have been clamoring for the postponement of the 2020 National Elections for reasons varying from the lack of transparency, lack of a trust-worthy web platform secured to ensure the integrity of the elections, incomplete or unverifiable electoral list, verification difficulties etc. An embarrassing example of this is a situation where a name was listed as “Opening Balance” on an electoral list!!! The list goes on and on…

Mr. President, what answer do you have for a concerned electorate at the Bar who seeks to understand:

The veracity of the information contained in the NBA database?

The security measures in place to ensure that the election is not compromised

The identity and the integrity of the organization working on the private data of members

The process or remedial measures in place for possible infractions or even crashes during the election

The improvement in the capacity of the customized NBA web page which to the best of my knowledge or to the best of information available unto me, has failed on the couple of times it was tested even for a Zoom meeting!

My question to you sir, Are we providing the best possible electoral platform and resources to our members? The questions above were posed by members of our great association who are genuinely worried about the level of our preparedness. Please oblige me with answers. We owe them the responsibility.

Again Mr. President, do you really think it is fair on your officers to neglect them or even think possibly that everyone has come to supposedly exploit the Association? Alas, NO! Thirty One (31) YEARS at the Bar for me is nothing to jeopardize for a two-year tenure of service to my great Association!

History will judge all of us as we treat each other in this profession. Our great objective is the promotion and the protection of the Rule of Law. As we seek to do this, we also reflect on our attitudes and the impact of our actions on the people we meet along the way. For me, as an elected National Officer, the little I was able to sternly but respectfully discharge has been nothing but through the grace of GOD. Posterity will judge us all.

Sir, I (and I believe all of us, as national officers) have been unfairly treated by you sir. Let this be on record!

I have a future that GOD only can preserve.

I enjoin you sir, to please endeavor to imbue in the younger people coming after us the sense of dignity as we all owe them that duty! It is not enough to form a platform for them to operate. We should ensure they have as much independence and unity of purpose serving with dignity and integrity.

I continue to serve the Bar in the best of my ability for the remainder of our tenure in office and beyond.

We are all lawyers!

Thank you sir!

Dr. Foluke Dada
2VP NBA (2018-2020)

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

ECNBA SET TO ROLL OUT VOTING GUIDELINES, MEET CANDIDATES

BY EMEKA NWADIOKE

• BARS ELECTION DEBATE PLATFORMS
• EXTENDS VERIFICATION DEADLINE
• MAY VARY VOTING FRAMEWORK
• WARNS CANDIDATES AGAINST FLOUTING CAMPAIGN RULES

The Electoral Committee of the Nigerian Bar Association (ECNBA) will soon issue guidelines for voting in the forthcoming NBA National Officers Elections.

In a statement today titled “On the march” and made available to CITY LAWYER, the ECNBA also allayed concerns that it is not carrying along some key stakeholders in the electoral process, saying it would soon meet candidates in the elections.

Apart from extending the deadline for the troubled verification exercise, the electoral committee also warned candidates to “take down all help desks, debate platforms (virtual or physical), and or voting desks set up for the purpose of the elections and which are capable of compromising the integrity of the process,” adding that “The Committee will not hesitate to sanction any candidate who deliberately flouts the provisions of the Constitution and the ECNBA Guidelines for the elections.”

In an indication that it may depart from the previous voting framework adopted in two previous elections, the electoral committee said in the statement signed by the electoral committee Chairman, Mr. Tawo Eja Tawo SAN that the voting guidelines “shall amongst other things provide for a place, time and platform to be utilized for electronic voting for the elections to enable our members to vote without difficulty.”

Paragraph 2.4(c) of the Second Schedule to the NBA Constitution (as amended) provides that “The ECNBA shall issue guidelines for conduct of electronic voting, which shall amongst other things provide for verification of voters, place, time and platform to be utilised for electronic voting for each particular election year taking into consideration the state of available technology and Information Technology infrastructure of the branches in order to afford all registered voters the opportunity to vote.”

The committee also warned candidates against breaching the electoral guidelines, saying: “The candidates, their supporters, as well as NBA Branches, are advised to take down all help desks, debate platforms (virtual or physical), and or voting desks set up for the purpose of the elections and which are capable of compromising the integrity of the process. The Committee will not hesitate to sanction any candidate who deliberately flouts the provisions of the Constitution and the ECNBA Guidelines for the elections.”

Below if the full text of the statement.

ON THE MARCH

1.0 Preamble

As we gradually approach the NBA National Officers elections slated for July 29, 2020, we deem it imperative that we keep our esteemed members informed and clarified on salient issues that may impact on the electoral process.

2.0 Qualification of Aspirants & Publication of Lists of Voters

Following the call for nominations and expression of interests, the ECNBA determined the qualifications of the Candidates and circulated a full list of properly nominated candidates for the 2020 National Officers elections after exhausting all constitutional processes.

3.0 Verification.

The ongoing verification exercise is a very important stage in the election process primarily to ensure smooth access to one’s portal on the NBA website and verify or update one’s details and password (where necessary) before the 2020 elections. While verification has been an ongoing exercise for all members of the Association, it is more critical for eligible voters to ensure a hitch-free log-in for the elections. All voters who have successfully completed the process will be notified of same before the elections. Furthermore, the exercise shall also take care of the observations made on the published eligible voter’s list. We commend all who have duly verified in readiness for the elections and those yet to do so are advised to proceed without delay. Members are also advised to utilize the NBA help desks for the purpose of verification support and refrain from disclosing their log in details and passwords to others in order to avoid the danger of proxy voting.

In response to the commendable upsurge in verification of members, the ECNBA has decided to extend the deadline for verification of Voters to Monday 20th July 2020. The number of verification support lines will also be increased.

4.0 Going Forward.

The Committee frowns at activities that detract from the objectives of an inclusive free, fair, and credible poll for our Association. The Constitution has prescribed the manner of and mode for campaigns for the elections; as such, any electioneering campaign activity outside of this is unacceptable to the Committee. The candidates, their supporters, as well as NBA Branches, are advised to take down all help desks, debate platforms (virtual or physical), and or voting desks set up for the purpose of the elections and which are capable of compromising the integrity of the process. The Committee will not hesitate to sanction any candidate who deliberately flouts the provisions of the Constitution and the ECNBA Guidelines for the elections.

In the coming days, the Committee will put forward the Guidelines for electronic voting which shall amongst other things provide for a place, time and platform to be utilized for electronic voting for the elections to enable our members to vote without difficulty. Further education in the process will also be made available to Voters.

The ECNBA in the coming days will also interact with stakeholders within the limits of the Presidential Task Force Covid-19 Protocols and with due regard for the safety of our members and the need to obey the laws of the land. Participants to the interactive sessions will be communicated in due course.

5.0 Conclusion

The Committee remains committed to inclusive free fair and credible elections and solicits the cooperation of our highly respected members in our march to 29th July, 2020.

Dated this 14th day of July 2020.
Tawo E. Tawo, SAN
Chairman, ECNBA

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NGIGE, AJIBADE, LAW SCHOOL DIRECTOR X-RAY ALUMNI IMPACT ON LEGAL PROFESSION, YOUNG LAWYERS

Top Bar leaders will on Saturday discuss the role of alumni networks on the legal profession.

Organised by the Nigerian Law School Class of 1989, an accredited NBA CLE Service Provider, the virtual conference is part of a series of webinars designed to highlight trends in continuing legal education, mentorship for young lawyers and the role of alumni in catalyzing growth in the legal industry.

The theme of the conference which holds at 2 pm is “NLS Alumni Networks and the Development of the Legal Profession.”

Listed as one of the discussants is prominent Bar Leader and Chairman of Council of Legal Education (CLE), Chief Emeka Ngige (SAN). Another key discussant is leading Nigerian Bar Association (NBA) presidential candidate, Dr. Babatunde Ajibade (SAN).

Other panelists are Mrs. Elizabeth Max-Uba, Secretary of Council of Legal Education & Director of Administration, Nigerian Law School and Mr. AbdulHakeem Mustapha (SAN), Principal Partner in A.U. Mustapha [SAN] & Co. He was Chairman of the Audit Committee of FINBANK PLC and is currently the President of the Business School Netherlands Alumni Association, Nigeria.

The conference will be moderated by Chief Osuala E. Nwagbara, General Secretary of the Class of 1989 and Managing Partner at Maritime and Commercial Law Partners.

According to a statement by top justice sector consultant and the Chief Editor of LEGALPEDIA, Mr. Emeka Albert, “the third in a series of webinars aimed at opening up vital conversations among lawyers on mentoring, CLE and support to the Nigerian Law School. Dr. Ajibade, being a strong supporter of the cause of our Class, is expected to provide uncommon insights on the subject consistent with his experience and track record.” Albert also doubles as the Chairman of the Nigerian Law School Class of 1989.

The class has recently held webinars on “Online Continuing Legal Education (e-CLE) in the COVID-19 Era and Beyond: Challenges, Benefits and Prospects” and “e-Mentoring for young lawyers: A paradigm shift.”

Prospective participants are required to register for the free virtual conference at https://us02web.zoom.us/meeting/register/tZ0ocOCqqjotHdZDEe3ITruE-8nn59KWDEDG. After registering, participants will receive a confirmation email containing information about joining the meeting.

Ajibade has gained renown as a cerebral lawyer and leading facilitator of continuing legal education in the legal industry. He was called to the Nigerian Bar in December 1989 and elevated to the rank of Senior Advocate of Nigeria in December 2007. He obtained a Bachelor of Law degree from the University of Ife (now Obafemi Awolowo University) in 1988. He obtained a Master of Laws degree in Corporate and Commercial Law from King’s College, University of London in 1990 and a Doctorate Degree in Private International Law from the same university in 1996.

Ajibade is a Fellow of the Institute of Advanced Legal Studies in London, an International Practice Fellow of the International Bar Association (IBA) and a Fellow of the Chartered Institute of Arbitrators, United Kingdom. He combines the roles of advocate, a corporate/commercial solicitor, an administrator and a reformer and is reputed to have excelled in each of these areas.

The Nigerian Law School Class of 1989 donated an e-platform to its alma mater as part of its 30th anniversary celebrations. The facility is aimed to support quality training and retraining of Law School students and young lawyers. The electronic platform is reputed as a first in Africa aimed at transforming legal education and legal practice.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

ELECTORAL C’TE SETTLES FOR NBA WEBSITE AS VOTING PORTAL

BY EMEKA NWADIOKE

The Electoral Committee of the Nigerian Bar Association (ECNBA) may have resolved to deploy the NBA website as the voting portal for the forthcoming National Officers Elections.

An indication to this effect was given today by the NBA Assistant Publicity Secretary, Mr. Akorede Habeeb Lawal while responding to concerns raised by lawyers on a CITY LAWYER whatsapp platform.

This may have laid to rest speculations on whether the newly built NBA Election Portal will be deployed by the Electoral Committee for the elections.

While one Osa Akpata had expressed worry over the challenges being encountered by lawyers in the verification exercise, Lawal said that the verification process was not commenced with the elections in mind. His words: “Although the ECNBA has chosen to conduct the election on the NBA membership portal, the verification exercise was not commenced primarily because of election. And we will not compromise its essence on the altar of politics. Verification takes some time and that time is used to ensure from the backend that the applicant for verification is indeed the owner of the bar certificate he/she uploads. It is far beyond the election – greater than politics.”

Debunking the charge that the verification process is “flawed,” the NBA publicist said: “No one who had been verified would state that the process was flawed. A lot of members got verified and paid their BPF during the lockdown in March. And there was no complaint about the process.

“We also have to acknowledge that not all of us are versatile with the use of technology and as such, while others have a seamless verification exercise, some have troubles with it. It is for this reason that we’ve set up a help desk in this respect. Members with issues may and indeed have been reaching out to me and other national officers. I can be reached through this WhatsApp line.

“While not holding the brief of the ECNBA, the Chairman of the Committee has stated number without times that no eligible voter will be disenfranchised. If you cannot trust them, then, at least you give them the benefit of doubt.”
On the controversy surrounding some strange names found on the final voters register, Lawal said: “We have no non-living things/duplicated names on the verified list. With respect, you are confusing the voters list with a verified list. In fact, there is no such thing as a verified list.”

Akpata had raised concerns on duplicated names on the voters’ register, adding that this may adversely impact the outcome of the election. She said: “The process is fraught with flaws; we have non-living objects on the verified list, we have names duplicated, we are days to the election and we have tons of lawyers who have not been verified due to the onerous and flawed online process.

“I’ve been trying to assist a colleague to verify for over a week with no success, how you can disenfranchise Lawyers who have paid their Practising fees and Branch Dues as required by the NBA out of no failure on their part simply because of the very flawed process. If we do not trust the process, how do we trust the outcome?”

Another lawyer, Favour Hart however agreed with Lawal, saying: “May I humbly align myself with your position. The process for verification on the NBA Portal might take a while but it doesn’t mean you’d not get any response from them. All those I’ve helped with verification have been successful! Agreed, the back and forth might be frustrating but that doesn’t meant (sic) it’s fraught with flaws. We need to leave politics aside when making some comments.”

CITY LAWYER recalls that ECNBA Chairman, Mr. Tawo Tawo SAN had in a statement noted that the NBA had developed an Election Portal, adding however that its deployment would depend on the advice of an information technology expert. His words: “There is no gainsaying that the success of the elections would depend to a large extent on the electronic or IT platform that would be deployed for the election. The need to procure such a platform has been a priority. The Committee was briefed that the NBA has its own e-voting platform/portal for elections developed by TAVIA, an IT firm. TAVIA was invited to brief the Committee in conjunction with the NBA IT Officer Umar Gezawa, on the said NBA election platform/portal.

“Further to the said briefing, the ECNBA decided that in spite of the advantages of such a portal, exploring the use of other viable e-voting platforms if necessary is not foreclosed. As such there was the need to engage an independent IT Consultant that would examine the NBA portal and critique same, its integrity, functionality and suitability or otherwise for the purpose of the elections as well as advise on other options. The Consultant would also be required to identify avenues for possible threats, and advise on how to contain same. Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant. They would be expected to verify electronically, the votes cast at the end of the exercise. Notwithstanding the above, the platform or portal to deploy for the election by the ECNBA would largely be dependent on the advice and report of the IT Consultant.”

Clarifying some controversy surrounding the NBA Election Portal, Tawo told a national newspaper that the portal was not designed to rig the forthcoming election. His said: “I did not say the e-voting platform/portal was developed specifically for the 2020 elections, and neither did I say anything that should warrant an inference that the NBA developed platform was created for the purpose of rigging the elections, far from it. It may be of interest to point out that, the IT firm, TAVIA, that developed the NBA election portal/platform, is not conducting the e-voting election for the NBA; rather another IT consultant will do that. I went further in that statement to state that, in spite of the obvious advantages of the NBA portal, namely reduction in cost and security of members data vis- a-vis deployment of another election platform or portal, there was the need to engage an independent IT Consultant to analyse, assess and critique the portal as to its integrity, functionality and suitability for the elections, or otherwise advice on other options.”

Arguing that there is wisdom in having a permanent NBA Election Portal, the Electoral Committee chairman said: “Having said that, what is wrong for an organisation that conducts a crucial election biannually to develop an election portal for use for its elections, rather than every two years an IT firm is commissioned or contracted to develop an election portal for the election, and discard same afterwards?”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

IBA YOUNG LAWYER SURVEY KICKS OFF

The International Bar Association (IBA) is conducting a survey to gauge the interests of lawyers globally.

Endorsing the survey, IBA President Horacio Bernardes Neto said:

“The Legal Policy and Research Unit are working with the Young Lawyers’ Committee (YLC) on a research project focusing on the interests of young lawyers around the world.

‘The survey forms part of the YLC’s ongoing work of identifying, discussing and promoting issues involving young lawyers across the global legal profession. Young lawyers are the future leaders of the legal profession, therefore it is in all of our best interests that talented individuals stay working in the law to contribute to its advancement, reform and championing of the rule of law. What young lawyers experience and how their interests are managed will undoubtedly affect their future at their workplace, the legal sector in which they work and the legal profession more generally.

“I wholeheartedly encourage your contribution to this anonymous survey.”

In an announcement heralding the survey, the global lawyers’ association said: “The survey has been created to gather data on the collective interests, priorities and concerns of young lawyers (those aged 40 and under for the purposes of this survey). We hope to use this data, and any trends that may appear, to generate dialogue between young lawyers and the current leaders of the legal profession, and encourage positive changes (where necessary). We also hope to produce a publication at the conclusion of the survey, depending on the trends that may appear.

“The survey is available to both IBA members and non-members, and can be completed in English or Spanish. If you are a lawyer aged 40 or under, your participation in our survey will be greatly appreciated.”

To participate, click here.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

THE USORO LEGACY: RESOLVING LAWYERS’ DATABASE CONUNDRUM

BY AKOREDE HABEEB LAWAL

In this article, Nigerian Bar Association Assistant Publicity Secretary, AKOREDE HABEEB LAWAL traces the age-old challenge of developing a reliable database of lawyers in Nigeria, saying that the Paul Usoro Administration has admirably resolved the conundrum

It is 2020, another bar election year. At about this time in 2018, there was a unique request by members of the Bar. Contestants to various offices promised heaven and earth on how they intended to provide the unique request. For one unusual and ‘un-Nigerian’ reason, that request is not being made this year. Why? It has been done. The Paul Usoro administration has done it. Members can now pay their Bar Practising Fees (BPF) in the comfort of their homes using the NBA Portal. In fact, 30% of members who paid their BPF in 2020 did through the NBA website.

The NBA website has various unique features. At first glance, it welcomes you with a beautiful feel and an easy to navigate tool. The revamped NBA website compares favourably in content, context and connectivity with the best web portals around. It is a gateway to NBA activities and it is fast becoming a one-stop shop for Bar services.

Speaking of Bar services, aside the already utilized option of payment of BPF and download of the BPF receipts, the NBA website avails members their personalized membership portals. The process for the stamp and seal application will soon migrate online and the insurance certificate of all members will also be duly uploaded for downloads. In the coming days, member will be able to apply for letter of good standing and check his/her ICLE points on the exclusive membership portal, while everyone including non-lawyers may also use the “find a lawyer” feature to confirm the authenticity of anyone who claims to be a lawyer.

Some of the ills of the previous website were that it could not welcome huge traffic and it was not secured to host payment gateways. Therefore, the NBA had to build (of course with millions of Naira) a special purpose website every year for its annual general conference. Good news is that we are done with that awkward situation. Registration has now commenced for the 2020 Annual General Conference and everything about the conference is being done on our revamped NBA website.

A further vote of confidence was given to the NBA website by the decision of the Electoral Committee of the NBA (ECNBA) to host the 2020 national officers election on the website. When this is done, it will arguably mark the first time since the introduction of electronic voting that Bar balloting is not hosted on a foreign platform.

A website is a house of data and there is no data in this context as important as the data of lawyers. In September 2018, at our first national officers meeting, the NBA President was clear that one of the things his administration would strive to achieve is the development of an up-to-date, clean and reliable database of all lawyers who have been enrolled at the Supreme Court of Nigeria. Mr. Paul Usoro, SAN hardly spares any opportunity to reiterate the fact that “without a reliable database that could be used for research purposes, proper planning and forecasting by the NBA is impossible.”

It stands to reason that in order to address an issue as sensitive and important as welfare of young lawyers, we must be able to ascertain in actual terms the number of young lawyers there really are. We are on track with this data classification and the one year free subscription of LawPavilion electronic legal resources for all young lawyers who had paid their BPF before 31st of March, 2020 was our first attempt to rely on this data gathering effort. Similar data classification has to be developed for female lawyers, colleagues with disabilities, our aged members and other
classes of members of the NBA.

“By the way, it is good to answer the question of cost. The Paul Usoro administration paid no dime for the new NBA website. We knew what we wanted in a website and we got a sponsor to pay for it.”

In our pursuit of this ‘clean and reliable’ data ideal, the administration embarked on a verification exercise. Verification entails from the front end the inputting of personal data by a member and most importantly the upload of call to bar certificate. At the backend, the uploaded bar certificate will be crosschecked with the details of the member on the roll of legal practitioners before the approval of the application for verification.

The verification process in the past attracted a N2000 processing fee, knowing the overall importance of this exercise, the NBA President, Paul Usoro, SAN directed that the process must and should be free of any charge. With this exercise, a number of misspelt names in the database have been corrected, change of maiden names by female lawyers are being effected, email addresses and phone numbers of thousand of members are now updated, many lawyers now know their enrolment numbers and gradually, we are closer than ever to our aim of delivering a clean and reliable database.

If we ever needed a reminder of the significance of a clean database, the appearance of “Opening Balance” on the list of voters sent by Branches and published by the ECNBA was a ready one. Aside the imaginary “Opening Balance”, there are real charlatans who are ‘well balanced’ in legal practice – taking up the space in our little legal market – that we must wield out. Therefore, verification becomes non-negotiable. It is because of verification that “Opening Balance” and non-lawyers with regular names will be unable to access the NBA Membership portal to vote or illegally enjoy other NBA online services. While the verification agenda was not primarily built for the 2020 national officers’ election, the accreditation purpose it now serves is indeed laudable.

The Covid-19 pandemic has changed our world and opened the vista of virtual interactions. Bar services and engagement within the NBA will have to move online and these have to be fast, quick, secured and effective. The Paul Usoro administration commenced the journey towards revamping the NBA website to provide all these services long before the Covid-19 pandemic. It is a huge foundational task that we have more than completed and it behoves on succeeding administrations to build on this cornerstone.

By the way, it is good to answer the question of cost. The Paul Usoro administration paid no dime for the new NBA website. We knew what we wanted in a website and we got a sponsor to pay for it. Thank you!

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA VP: DOTUN ADETUNJI UNVEILS ROADMAP, VOWS TO REVIVE GANI FAWEHINMI AWARD

A leading candidate for the post of Nigerian Bar Association (NBA) First Vice President, Mr. Adedotun Adetunji has unveiled his plan for an “effective, dynamic, innovative and relevant” discharge of the duties of the office if elected in the forthcoming NBA Elections.

In a Manifesto published by the Electoral Committee of the NBA (ECNBA) and titled “Manifesto/Action plan for superlative selfless service to the Bar of Adedotun Habeeb Adetunji, Esq for the office of First Vice President of the Nigerian Bar Association (NBA), 2020 – 2022,” Adetunji vowed to make efforts to resuscitate the Gani Fawehinmi Award for Human Rights and Social Justice “thereby restoring the primacy of the NBA in Human Rights and Social Justice Advocacy in Nigeria.”

According to him, “The Office of FIRST VICE PRESIDENT of the NBA can be as effective, dynamic, innovative and relevant as its occupant. My Manifesto/Programme of Action is anchored on the dual provisions of: Section 3(1) – (14) particularly (1) – (8), (10) – (14) thereof and Section 5 (b)(i) – (iv) of the Constitution of the Nigerian Bar Association (NBA), 2019 (as amended).”

The former NBA Ikorodu Branch Chairman and longstanding NBA-NEC Member stated that “While Section 3 (1) – (14) of the NBA Constitution (supra) articulates the aims and objectives of our great and noble Association, Section 5 (b) (i) – (iv) lucidly and meticulously outlines the four Constitutional duties of the First Vice President of the NBA.”

Listing the roles, he said: “These are: The First Vice President:
I. Shall in the absence of the president preside at all meetings in which the president is empowered to preside by the provisions of this Constitution;
II. Shall be responsible for the coordination of the activities of the group of Branches as may be assigned to him/her by the National Executive Committee or the President and shall pay periodic visits as necessary and/are required to the Branches so assigned to him/her and shall make periodic reports to the National Executive Committee on such visits;
III. Shall encourage and supervise the formation of new Branches within his/her zonal supervisory jurisdiction in line with the guidelines set out in this Constitution.
IV. Shall perform all other duties as he/she may be directed by the President or the National Executive Committee or the Annual General Meeting or which the president is unable to perform owing to ill-health, old age, absence from the country or any other reason.”

Vowing that he would diligently discharge the duties, Adetunji said: “I pledge and assure my faithful commitments to the foregoing Constitutional imperatives.”

In an indication that he has given some thought to his quest for the position of First Vice President, Adetunji also outlined other initiatives that he would pursue if elected. His words: “In addition, I look forward to convincing and moving the President, other National Officers and NEC to approve and execute the following nine (9) progressive and beneficial programmes for all Nigerian Legal Practitioners, namely:
1. Supporting or/and Standing in for the President and supporting other National Officers of the Association in the performance of their duties.
2. Effective Monitoring, Supervision and Coordination of all the Branches of the NBA to be assigned to me.
3. Promoting Healthy Competition and Partnerships among such Branches through different initiatives as may be approved by the President, other National Officers and NEC.
4. Establishment of Co-operative Societies as well as Lawyers Housing Estates in all interested branches, especially any group of Branches assigned to me.
5. Resuscitating the Gani Fawehinmi Award for Human Rights and Social Justice thereby restoring the primacy of the NBA in Human Rights and Social Justice Advocacy in Nigeria.
6. Establishing a Memorable UN International Human Rights Day observance by the NBA annually on December 10.
7. Effective Partnership and Support for all the Vice Chairmen of all the Branches to ensure effective and efficient promotion, protection and enforcement of Pro Bono Services/Schemes, Human Rights, Labour Rights, Consumer Rights and Social Justice Advocacy in Nigeria, including an all-inclusive amendment of the Fundamental Rights (Enforcement Procedure) Rules by the Chief Justice of Nigeria.
8. Collaboration with the National Human Rights Commission, Civil Society Groups and other NGOs (including International Development Partners) in the promotion, protection and enforcement of human rights and social justice in our polity, and
9. Effective and Efficient Discharge of other Statutory and Allied Duties of the office of the 1st Vice President of the NBA.”

A consummate Bar-man and legal practitioner of about 25 years standing, Adetunji has been an NBA National Executive Committee (NBA-NEC) member from 2014 to date, a member of the Advisory Committee on Prerogative of Mercy to the Governor of Lagos State, and the Principal Counsel of Dotun Adetunji & Co.

With an active practice spanning Banking, Oil and Gas, Telecommunications, Maritime, Real Estate and Aviation Industries, the firm’s practice areas include Environmental and Human Rights Law, Immigration, and Real Estate & Property Consultancy. Adetunji has substantial experience in litigation (having especially litigated criminal and civil matters up to Supreme Court), negotiation and claims settlement, debt recovery, Capital Market transactions, Joint Ventures and technical service agreements. His specialist areas are in local and international money market operations, banking and insurance arrangements, and property conveyancing.

Having attended all NBA Conferences from 1997 till date as well as the International Bar Association (IBA) Conference in Boston, Massachusetts, USA in 2013, Adetunji’s professional affiliations include membership of the Institute of Directors (IoD), International Bar Association (IBA) and Nigerian Bar Association (NBA). He is also a Fellow of the Institute of Corporate Administration, and was a member of the NBA Section on Public Interest and Development Law Steering Committee (SPIDEL) 2017 under the Chairmanship of Prof. Chidi Odinkalu (2017).

Adetunji has a track record of enduring service to the NBA. He was a Member of team appointed by the NBA to hold watching brief in the suit of FGN v. HON. JUSTICE RITA OFILI-AJUMOGOBIA & ORS (2017). He has held several positions in NBA Ikorodu Branch including Chairman, Membership and Allied Matters Committee (2016-2017); Chairman, Law Week Committee (2016-2017); Chairman, NBA Ikorodu, Branch (2014-2016), and Member, Extended EXCO (2012-2014). He has been Chairman, Bye Law Review Committee (2012-2013); Chairman, Legal Practitioners Remuneration Committee (2010-2012); Alternate Chairman, Disciplinary Committee (2010-2012); Chairman, Human Rights and Pro Bono Committee,(2010-2012), and Vice Chairman, NBA Ikorodu Branch (2010-2012).

Deeply involved in national and community service, Adetunji was a Member of the Lagos State Government Advisory Committee on Prerogative of Mercy (2016- 2019); Member, Governing Council of the Lagos Multi-Door Courthouse (2014-2017); Legal Adviser, Community Policing Forum (CPF) for Ikorodu Division, Lagos State (2020); long-standing Ex Officio Member, Community Development Council (C.D.C.) Igbogbo/Bayeku L.C.D.A., Ikorodu, Lagos State (2014 till date) and Chairman, Agbele/Oreyo Community Development Association, Igbogbo/Bayeku LCDA, Ikorodu, Lagos State (2007 till date).

Meanwhile, Adetunji’s political fortunes have brightened with his endorsement by vibrant Bar activist and young lawyer, Clementina E. Ukiri. Throwing her weight behind Adetunji’s bid, Ukiri said:

The NBA President needs a 1st Vice who is loyal and can fit into the shoes of a President when the need be.

One who understands fraternity and how to carry everyone along.

One who knows the way of our courts in enforcing human rights, lawyers rights and upholding the NBA constitution.

One who have access to the right people to ensuring a smooth administration by corporate engagements and negotiations.

One who is easy going as an assistant.

One with a listening ears ready to assist others at all times.

One who understands the protocols and internal workings of the NBA as a body.

Gentlemen, that person is Adedotun Habeeb Adetunji, Esq. former Chairman, NBA Ikorodu Branch.

I endorse and stand by him.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NGIGE, BAR LEADER AND CLE CHAIR, CLOCKS 59

Consummate Bar Leader and Chairman of Council of Legal Education, Chief Emeka Ngige SAN is 59 years today. Fondly called “Emeka Ngige” by his teeming admirers, the renowned activist Bar Leader was born on 11th July, 1961 to the family of late Chief Pius & Mrs. Priscilla Ngige of Urueze-Ide Village, Alor, Idemili South Local Government Area of Anambra State. He is the last of seven children.

Shortly after the end of the civil war in 1970 Chief Ngige started his primary education at St. Francis Primary School, Uruezeani, Alor in 1970 and completed same at St. Patrick’s Primary School, Ogbete, Enugu. In 1974 he was admitted to St. John’s Secondary School, Alor for his secondary school education. He graduated in 1979 with the much coveted Division 1 grade.

After his secondary school education and precisely between August 1979 and September 1980, Chief Ngige had a stint with the Federal Ministry of Employment, Labour and Productivity where he worked as a clerical officer. In September 1980 he gained admission to study Law at the University of Nigeria, Enugu Campus (UNN). He graduated in July 1984.

In August 1984 he was admitted to the Nigerian Law School, Victoria Island for his Bar Qualifying Examinations. He successfully completed the programme in 1985 and was admitted to the Nigerian Bar on 23rd August, 1985.

Following his call to the Nigerian Bar, Chief Ngige was posted to Ondo State for the mandatory National Youth Service (NYSC) programme. His primary place of assignment was at the Nigeria Police Force, State CID, Akure where he prosecuted criminal matters on behalf of the Police.

Upon completion of his national youth service in 1986, Chief Ngige was employed as a Pupil Counsel in the Chambers of G. N. Uwechue & Co., Lagos. Chief Ngige practised in the law firm for four years and rose through the ranks to the position of Deputy Head of Chambers. In September 1990 Chief Ngige set up his law firm, Emeka Ngige & Co at the same Bank Chambers building before moving to his present location at Lewis Street in central Lagos.

Chief Ngige was on 10th July, 1992 appointed a Notary Public for Nigeria by then Chief Justice of Nigeria, Hon Justice Mohammed Bello. In 2002 Chief Ngige was adjudged to have achieved legal excellence and distinction, and elevated to the enviable rank of Senior Advocate of Nigeria on account of his contributions to the development of Nigeria’s legal profession. Chief Ngige was one of the private legal practitioners engaged by the Government to prosecute cases at the Failed Banks Tribunal at Enugu and Lagos. He was also among the private legal practitioners engaged by the Federal Government to represent the government in various cases filed by the Abacha family to stall the recovery efforts of the Government.

Chief Ngige is a consummate Bar man and has held various offices in the Nigerian Bar Association. He was a member of National Executive of the association between August 1991 and September 2016. Between 1995 and 1997, he served as Publicity Secretary, NBA Lagos Branch. He later became the Branch Secretary between 1997 and 1999. He was in 2009 appointed a member of the Body of Benchers as a representative of the NBA. He remained in that Body till November 2012.

He was also a member of the NBA National Disciplinary Committee between 2002 and 2004. Chief Ngige is a longstanding Assistant Secretary of Body of Senior of Advocates of Nigeria (BOSAN), having mounted the saddle since 2005. Chief Ngige also doubles as the Chairman of Class of ‘85 Nigerian Law School Alumni. The Class is among the alumni classes supporting the Nigerian Law School in various aspects including donation of law books and other materials.

Highly passionate about Bar governance, Ngige contested for NBA Presidency in 2012 and lost in very controversial circumstances. Subsequently, he penned a memorandum on Bar reforms, saying: “Every effort must be made to insulate the Election Committee from the influence, authority, direction or control of the National Secretariat or the National Officers. Under no circumstance should the Election Committee take directives or instruction from a National Officer or the National Secretariat.”

On 22nd May, 2019 Chief Ngige was appointed a non-executive Director of Air Peace Ltd, one of Nigeria’s leading airlines. A week later and precisely on the 28th May, 2019 Chief Ngige was inaugurated as Chairman, Council of Legal Education (CLE) by the Attorney-General of the Federation & Minister of Justice, Mr. Abubakar Malami, SAN.

Chief Ngige is happily married to Mrs. Ogochukwu Ngige (Nee Anichebe), a civil servant with the Federal Institute of Industrial Research Oshodi (FIIRO). The lovebirds are blessed with four children. In recognition of his contributions to his community, Chief Ngige was conferred with the chieftaincy title of “Ikemba N’Alor.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

N1.26TR NATIONAL THEATRE SUIT: COURT SET OCTOBER 29 FOR PARTIES TO BATTLE

BY EMEKA NWADIOKE

The forthcoming annual vacation of the Federal High Court has stalled speedy hearing of an application in a N1.26 trillion suit brought by Topwideapeas Limited seeking an order of the court to annul concessioning of a part of the controversial National Theatre edifice.

The plaintiff is praying for an interlocutory injunction restraining the defendants from interfering with the plaintiff’s rights as concessionaire of the fallow land adjoining the National Theatre. The substantive motion was earlier set down for hearing on March 10, 2020 but was aborted by the coronavirus crisis.

Among the defendants that were served by substituted means are Infrastructure Concession Regulatory Commission (ICRC), Minister, Federal Ministry of Tourism, Culture & National Orientation, Attorney-General of the Federation and Central Bank of Nigeria as second to fifth defendants. Other defendants in the suit are National Theatre & The National Troupe of Nigeria Board, Access Bank of Nigeria Plc and its Managing Director, Mr. Herbert Wigwe, as first, sixth and seventh defendants respectively. The case is listed as FHC/L/CS/2392/2019, Topwideapeas Ltd V National Theatre & National Troupe of Nigeria Board & 6 Ors.

Though counsel for the plaintiff, Mr. Matthew Nkap had at the resumed hearing last Wednesday sought an early date to argue the pending application for an interlocutory injunction, Justice Ayokunle Faji stated that his hands were tied by the impending vacation. He adjourned the matter to October 29 to hear all pending applications. Barrister C. Opara represented the 4th Defendant while Mr. Adeniyi Adegbonmire SAN appeared for the 6th and 7th defendants.

The plaintiff had scaled a major hurdle last March when the court ordered that all the court processes should be served on some defendants by substituted means.

After listening to the Lead Counsel for the plaintiff, Mr. Chijioke Okoli SAN argue a motion ex-parte for substituted service on the defendants, the court had ordered the plaintiff to serve the writ of summons and statement of claim on the defendants via DHL courier service and also by publication in a national newspaper.

The court also ordered that hearing notice for an interlocutory injunction to restrain the defendants from interfering with the plaintiff’s rights as concessionaire of the fallow land adjoining the National Theatre should be served on the defendants, while the substantive motion was set down for hearing on March 10, 2020.

The plaintiff is seeking among others a declaration that the plaintiff has a valid and binding contract for the concession of the fallow land surrounding the National Theatre Complex in terms of the updated draft concession agreement between the Federal Republic of Nigeria (represented by the first and third defendants) and the plaintiff, the approval of the Federal Executive Council being a mere formality in the circumstances.

Topwideapeas also seeks a declaration that it is unlawful for the fifth to seventh defendants to purport to truncate and nullify the plaintiff’s right as the concessionaire of the fallow land in and about the National Theatre Complex Iganmu, Lagos, by inducing the breach of the plaintiff’s contract with the first to third defendants or by any other means.

The plaintiff prays the court to declare that it is contrary to public policy and constitutes a misappropriation of scarce public funds for the fifth defendant (CBN) to divert public funds towards any project concerning the National Theatre Complex, Iganmu, Lagos, when the plaintiff and its partners and privies have mobilised local and foreign private investment into developing the complex and surrounding land into a grand mini-city on a scale entirely beyond the legitimate capacity of the fifth defendant.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

COVID-19: LAGOS CJ, FALANA, ODINKALU, ADEGBORUWA, OJUKWU, OTHERS TO X-RAY HUMAN RIGHTS VIOLATIONS

Leading human rights activists will on Monday dissect the impact of the Coronavirus pandemic on Nigeria’s human rights landscape.

Organized by the Human Rights Committee of Nigerian Bar Association (NBA), Lagos Branch, the virtual conference will especially spotlight human rights violations in the wake of efforts to contain the coronavirus pandemic while framing the roadmap for human rights protection in the COVID-19 era. The theme of the conference is “COVID-19, Access to Justice and Human Rights Violations.” Time is 3 pm.

Among the lawyers and jurists who have confirmed their participation as speakers are the Lagos State Chief Judge, Justice Kazeem Alogba; Lagos State Attorney-General & Commissioner for Justice, Mr. Moyosore Onigbanjo SAN; Mr. Femi Falana SAN who will deliver a Keynote Address; Prof. Chidi Odinkalu who will speak on “COVID-19, Access to Justice and Human Rights Violations: The Role of Nigerian Bar Association,” and the Chairman of National Human Rights Commission (NHRC), Mr. Tony Ojukwu, who will speak on “COVID-19 and Human Rights Violations: Insights from the Field.”

Other confirmed speakers are Mr. Ebun-Olu Adegboruwa SAN who will x-ray the topic, “How Fair is Virtual Hearing in the COVID-19 era?” and Dr. Uju Agomoh, Executive Director, Prisoners Rehabilitation and Welfare Action (PRAWA) who will tackle the topic, “Coronavirus, Correctional Centres and Rights of Awaiting Trial Inmates.” Renowned legal aid defence expert, Mr. Chino Obiagwu SAN will discuss “Coronavirus and Challenge of Legal Defence” while Mr. Muhammad Belgore SAN will contend with “Litigating Human Rights Cases in the COVID-19 Era.”

The Lagos State Commissioner of Police, Mr. Hakeem Odumosu is expected to offer useful insights on the task of policing in the COVID-19 era as he discusses “Policing in the COVID -19 Era: Challenges and Prospects.”

The Host for the much anticipated virtual conference is NBA Lagos Branch Chairman, Mr. Yemi Akangbe while the Moderator is the Branch Vice Chairman & Chairman of the Human Rights Committee, Mr. Okey Ilofulunwa.

Facilitated by Messrs Olumide Babalola and Emeka Nwadioke, participants are expected to register for the virtual conference at https://us02web.zoom.us/webinar/register/WN_3RikvKB9SzGF-7fWpfdcYg or www.shorturl.at/fgo46.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

YOUNG LAWYERS: AJIBADE, OWONIKOKO, ETIABA, OTHERS SPEAK ON e-MENTORING SATURDAY

Prominent senior lawyers will on Saturday x-ray the emerging issue of online mentoring as it relates to Nigeria’s young lawyers. The webinar is scheduled for 1 pm and hosted by the Nigerian Law School Class of 1989.

Among the speakers at the webinar are leading Nigerian Bar Association (NBA) presidential aspirant, Dr. Babatunde Ajibade SAN. Ajibade is the Managing Partner of S. P. A. Ajibade & Co and the first member of the class to take silk.

Other discussants are leading litigators, Mr. Jelili Owonikoko SAN and Mr. Emeka Etiaba SAN, as well as Mrs. Morenike Obi-Farinde, Founder of Online Dispute Resolution Africa Network.

The moderator of the webinar is leading justice sector consultant and Chairman of the Nigerian Law School Class of 1989, Mr. Emeka Albert who is also the Chief Editor of LEGALPEDIA.

To register for this webinar, click on
https://us02web.zoom.us/meeting/register/tZYodu6ppz8oHNYJjCzFHXIPqi6Met06zPBg. After registering, you will receive a confirmation email containing information about joining the webinar.

It is recalled that the Nigerian Law School Class of 1989 donated an e-platform to its alma mater as part of its 30th anniversary celebrations. The facility is aimed to support quality training and retraining of Law School students and especially young lawyers. The e-platform is reputed as a first in Africa aimed at transforming legal education and legal practice. The webinar will among others x-ray the e-mentoring module of the platform especially as it relates to young lawyers.

 

According to a statement by Albert, “This is the second in a series of webinars aimed at opening up vital conversations among lawyers on mentoring, CLE and support to the Nigerian Law School. Dr. Ajibade, being a strong supporter of the cause of our Class, is expected to provide uncommon insights on the subject consistent with his experience and track record.”

Ajibade has gained renown as a cerebral lawyer and leading facilitator of continuing legal education in the legal industry. He was called to the Nigerian Bar in December 1989 and elevated to the rank of Senior Advocate of Nigeria in December 2007.

He obtained a Bachelor of Law degree from the University of Ife (now Obafemi Awolowo University) in 1988. He obtained a Master of Laws degree in Corporate and Commercial Law from King’s College, University of London in 1990 and a Doctorate Degree in Private International Law from the same university in 1996.

Ajibade is a Fellow of the Institute of Advanced Legal Studies in London, an International Practice Fellow of the International Bar Association (IBA) and a Fellow of the Chartered Institute of Arbitrators, United Kingdom. He combines the roles of advocate, a corporate/commercial solicitor, an administrator and a reformer and is reputed to have excelled in each of these areas.

On his part, Albert is a renowned justice sector reform consultant and Lead at LEGALPEDIA, a foremost software company. He has presented several papers on technology and disruption in the legal industry. Speaking on the impact of technology in law practice, he said: “both Law and Technology are dynamic. But often we, as lawyers, are slow to changing our process. We tend to treat our process as our changeless precedents. That is where we have the conflict with transformative technologies. But technological disruptions are inevitable and unstoppable.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NIGERIAN LAW SCHOOL DEBUNKS ALLEGED N70M SCAM

BY EMEKA NWADIOKE

* SAYS: ‘WE HAVE NOTHING TO HIDE’

The Nigerian Law School has described as misleading, the report that it approved the payment of N32 million to an unnamed cleaner over a period of 12 months. The school also denied giving out an alleged N36 million as a dressing allowance to an individual against Nigeria’s extant laws.

Secretary of the Council and Director of Administration, E. Max-Uba, said in a statement in Abuja on Tuesday that the Director-General of the Nigerian Law School, Isa Hayatu-Chiroma, (SAN), was wrongly quoted when he appeared at a public hearing.

The public hearing was conducted by the Senate Committee on Public Accounts (SPAC), in connection with the annual report of the Auditor-General of the Federation on the Accounts of various Ministries, Departments and Agencies (MDAs) for the year ended December 31, 2015.

NLS STATEMENT

The institution admitted that queries were raised from the office of the Auditor-General of the Federation with regard to the payment of N36 million as dressing allowance and N32 million as payment to an unnamed cleaner over a 12-month period. It also said explanations were given on how the funds were spent without violation of extant laws.

It said: “The payments of N401,000 (Four Hundred and One Thousand Naira), N413,600 (Four Hundred and Thirteen Thousand Naira ) respectively were travelling expenses of the Nigerian Law School Pension Board of Trustee (BOT) members to visit the Chairman of the pensioners association who was terminally ill. N500,000 (Five Hundred Thousand Naira) was the benefit for the next of kin of the deceased Chairman of the pensioners association.The institution said traditionally there is a dress code for its staff and students as part of its work ethics.”

On the allegation that sum of N34,330,500 (Thirty Four Million, Three Hundred and Thirty Thousand Five Hundred Hundred Naira) was at several times paid to members of staff as provision and cleaning allowance, the school sadi: “The payments were not personnel cost and so did not require the approval of NSIWC. These were overhead cost items for telephone bills, toiletries, cleaning and related items. The payments were on mandates into individual bank
accounts of staff and not to a single person. The documents evidencing these payments are still available.”

“ln furtherance of this tradition, the council approved a scheme and condition of service on March 10, 2009, that provides in part, the payment of 10 per cent dressing allowance to its staff. The payments were made into the individual bank accounts of staff and not a single person as erroneously reported.”

She assured Nigerians that there was no fraud in the Nigerian Law School and also that the school would appear before the Senate this week to make further explanations on other queries.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

FIDA LAGOS LAUNCHES PDSS PROJECT

The International Federation of Women Lawyers (FIDA) Nigeria, Lagos State Branch has launched its Police Duty Solicitors Scheme (PDSS). The event took place during the weekend at the FIDA Lagos headquarters at Makoko, Lagos.

Speaking on the rationale for the scheme, the Chairperson of FIDA Lagos Branch, Mrs. Philomena Nneji said it was aimed to assist indigent persons who come in contact with the law, adding that special focus will be placed on protection of women and girls against rape and sexual assault.

Tracing the history of PDSS in Nigeria, the Lagos State Coordinator of Legal Aid Council of Nigeria (LACoN), Mrs. Iyabo Akingbade stated that approximately 70 per cent of total prisoners are awaiting trial detainees. She identified multiple adjournments as a major handicap in pre-trial detention, adding that State prosecutors charged with ensuring due process in criminal arraignments lack mechanisms to monitor or control the police.

“There are instances where detainees are held longer in pre-trial detention than would have been the case if they had been convicted for the offence charged,” Akingbade said, adding that duty solicitors are meant to “stand in the gap” and resolve many of the cases to reduce judges’ dockets.

On his part, Chairman of the Nigerian Bar Association (NBA), Lagos Branch PDSS programme, Mr. Emeka Nwadioke commended FIDA Lagos for the initiative, noting that there is a need to boost the provision of legal assistance to indigent persons. He however canvassed the need for an “urgent review of the PDSS framework in view of the fact persisting overhang in pre-trial detention.”

Former Chairman of NBA Ikorodu Branch, Mr. Adebayo Akinlade traced the implementation of the PDSS programme in the Ikorodu area, adding that the scheme posted several successes under his leadership. He urged the chapter to ensure that the scheme is sustained in order to foster access to justice for more citizens.

A senior officer with the Legal Department of the Nigerian Police Force, State Criminal Investigation Department, Panti, Lagos, Ibijoke Akinpelu spoke on the modalities put in place by the force to tackle rape and sexual offences among other crimes. She pledged the cooperation of the force with FIDA Lagos in carrying out its PDSS project. She also took questions from Makoko residents and duty solicitors during the interactive session.

Following the formal unveiling of the scheme, the chapter bestowed an award on Akinlade for his contributions to the growth of the duty solicitors’ scheme.

Other stakeholders who attended the launch are Mrs. Felicitas Aigbogun-Brai, Executive Director of REPLACE as well as a representative of the Chairman of Yaba Local Council Development Authority (LCDA), Kayode Omiyale. Members of the chapter held a legal clinic on the sidelines of the launch to offer legal counseling to some Makoko residents who attended the launch under the programme.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

ECNBA PUBLISHES CANDIDATES’ MANIFESTOS ON NBA WEBSITE

BY EMEKA NWADIOKE

The Electoral Committee of the Nigerian Bar Association (ECNBA) has published the manifestos of candidates for the forthcoming NBA Elections on the association’s website, exactly 21 days prescribed by the NBA Constitution (as amended). The manifestos are hosted here.

Paragraph 2.3(h) of the Second Schedule to the NBA Constitution provides that “The Electoral Committee shall collate all materials, arrange them in alphabetical order without regard for the position being sought and publish them in an electronic Election Magazine to be hosted on the NBA website at least twenty-one (21) days before the election.”

CITY LAWYER recalls that the electoral committee had in its ECNBA STATEMENT NO. 013 directed the candidates “to submit an A4 size copy of his/her curriculum vitae (of not more than 4 pages), a comprehensive manifesto and other campaign materials (all in electronic form) on or before 6:00PM on Monday 6th July 2020, for upload on the NBA website.” It added: “For the avoidance of doubt, campaigns can only be carried out by publication of campaign materials supplied to the ECNBA to be hoisted on the NBA website. Travelling across the country to solicit for votes is prohibited.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

VACANCIES: OYO STATE JUSTICE MINISTRY NOW HIRING

The Oyo State Government is set to recruit personnel for her two ministries. Details of the recruitment exercise as obtained by CITY LAWYER are below:

OYO STATE CIVIL SERVICE COMMISSION VACANCIES

Applications are invited from suitably qualified candidates for appointment into various ministries as indicated below

STAFF VACANCIES IN THE MINISTRY OF JUSTICE
STAFF VACANCY IN THE MINISTRY OF EDUCATION, SCIENCE & TECHNOLOGY

Applications are invited from suitably qualified candidates for appointment into the post of Education officer in the Ministry of Education, Science and Technology, Oyo State.

Requirements and qualifications
Post: Education Officer, GL. 08

Qualifications:
1. A degree in Education or in any other relevant subject from a recognised University.
2. A degree in a relevant subject plus a post-graduate certificate in Education
* English Language
* Mathematics
* Yoruba Language
* Social Studies
* Basic science
* French
* Business studies
* Agricultural Science
* Physical Health Education
* Christian/ Islamic Religion Study
* Basic Technology
* Home Economics
* History
* Civil Education
* Security Education
* Literature in English
* Further Mathematics
* Physics
* Chemistry
* Animal Husbandry
* Economics
* Government
* Geography
* Technical Drawing
* Biology
* Data Processing
* Commerce
* Fine Art
* Creative and Cultural Art
* Food/Nutrition
* Book-Keeping & Accounts
* Catering & Craft Practice
* ICT/Computer science
* Guidance and Counselling
Conditions of Service

Each of the posts is pensionable and in case of new entrants into Public service, their appointment will be on probation for a period of two (2) years. Other conditions of service will be as prescribed, for the time being, for officers of equivalent grades in the Civil Service of Oyo State of Nigeria.

Meanwhile, it is to be noted that the Oyo State Civil Service Commission reserves the right for final selection as deemed fit.

Method of Application

Interested candidates should visit the Oyo State Government website jobportal.oyostate.gov.ng to complete the application forms and submit same as appropriate.

Closing: Application and submission will close on Friday, 10th July, 2020.

‘SANship NO LONGER MARK OF LEGAL EXCELLENCE,’ SAYS ADEGBORUWA

By Ebun-Olu Adegboruwa, SAN

In this article, leading human rights activist, EBUN-OLU ADEGBORUWA, SAN argues that while the process leading to award of SAN title is increasingly meritorious, the rank is no longer the ultimate barometer for measuring legal excellence 

On July 4, 2019, the Legal Practitioners Privileges Committee, LPPC, rolled out the names of thirty-eight legal practitioners deserving to be conferred with the prestigious Rank of Senior Advocate of Nigeria, SAN. How some despise the Rank! Some don’t want it ever mentioned near them at all, for several reasons. I used to be in that class, given my background, as an activist. Not long after setting up my law practice, a friend approached me for what he termed a ‘private chat’. According to him, he had followed me keenly right from my days in Gani Fawehinmi Chambers and he was convinced of my sterling qualities, experience and standing, all of which should qualify me to be admitted into the Inner Bar, as he called it. I laughed so loudly, to the point of his embarrassment. I had just moved my law office to the NIPOST building then, following the fire disaster that I and many others suffered at LAPAL House. I took him round the expansive office, showed him my library to see the books, the litigation office and other facilities. I then asked him to tell me what he thinks that SANs have that I don’t have. All his pleas to me didn’t impress me at all, as I dismissed the process as riddled with mystery and corruption. Perhaps I was right or wrong then, I can’t say exactly, the point being that I didn’t think of such ‘distraction’ for what I considered to be a successful practice. This is the view of many lawyers and indeed many Nigerians, which is why the focus of this piece is in ‘defence’ of the Rank.

Like so many other colleagues, I never read through the aspect of the Legal Practitioner’s Act dealing with the conferment of the Rank of SAN and I didn’t bother to go through the guidelines established by the LPPC, for the Rank. And that indeed should be the starting point here, the issue to resolve being the meaning and definition of a Senior Advocate of Nigeria. The life and power of an SAN all start and end with section 5 of the Legal Practitioner’s Act of 1974, wherein it is provided as follows:

“5. (1) Subject to subsection (2) of this section, the Legal Practitioner’s Privileges Committee established under subsection (3) of this section may by instrument confer on a legal practitioner the Rank of Senior Advocate of Nigeria.
(2) A person shall not be conferred with the Rank of Senior Advocate of Nigeria unless he has been qualified to practice as a legal practitioner in Nigeria for not less than ten years and has achieved distinction in the legal profession in such manner as the Committee may, from time to time, determine.”

It is stated further that the LPPC shall consist of the Chief Justice of Nigeria as Chairman, the Attorney-General of the Federation, one Justice of the Supreme Court, the President of the Court of Appeal, five of the Chief Judges of the States, the Chief Judge of the Federal High Court and five legal practitioners who are Senior Advocates of Nigeria. The LPPC is further empowered to make rules as to the privileges to be accorded to Senior Advocates of Nigeria. Two things should immediately come to mind from the foregoing provisions; first is that the Rank of SAN is conferred as a privilege and second, it is normally the privilege of the LPPC, following its own guidelines. On April 3 1974, the first set of SANs were duly conferred, being Chief F.R.A. Williams, SAN and Dr. N.B. Graham-Douglas, SAN. The conferment has proceeded yearly, since then. The point of this background information is to buttress the fact that the Rank of SAN is established by law. The LPPC has over the years, developed its own structure, by amending its guidelines for the conferment of the Rank, based upon the robust engagements of its own members, stakeholders within the legal profession and indeed members of the public.

As at the time that I applied for the Rank, the guidelines set for the award of the Rank by the LPPC expressed the threesome purpose of the award as a privilege awarded as a mark of excellence to members of the legal profession who are in full time legal practice, who have distinguished themselves as advocates and who have made significant contribution to the development of the legal profession in Nigeria. The process of the award is largely independent, self-financing and strictly confidential. The LPPC is required to fix the number of persons to be conferred with the Rank in order to maintain the highest standard of excellence and prestige of the Rank, to adopt transparency and a feedback mechanism for the assessment of candidates. The award has since been extended to legal practitioners in the academic community. Whereas there may have been some challenges with this process in times past, a lot of efforts have been put in place presently, to ensure that those who qualify for the award of the Rank meet certain minimum conditions, such that in the past five years or more, you could hardly point to anyone awarded the Rank that has not distinguished himself or herself in the legal profession. One of the things that excited me in the course of my own journey is the fact that the LPPC has now adopted a gender-friendly process to encourage female applicants, such that virtually every year, female legal practitioners have been screened successfully.

The good news in this process for every advocate is the place of merit in the basic criteria for eligibility for the award of the Rank, which is meant to encourage core advocates. Under and by virtue of Paragraph 14 of the LPPC guidelines, an applicant must submit the following cases wherein his name is reflected as having duly conducted the said cases in court as lead counsel:

(i) 20 final judgments of the High Court or Superior Court of Records, 12 of which must be trial proceedings substantially conducted by the applicant;
(ii) 5 final judgments of the Court of Appeal; and
(iii) 4 final judgments of the Supreme Court.
(iv) These cases must have been conducted within ten years preceding the application, in order to show that the applicant is currently engaged in full time legal practice and is abreast with current developments in the field of law.
(v) Three of the cases must be pro bono cases conducted for indigent citizens who could not otherwise afford the financial cost of engaging a counsel.

Some additional requirements of these new guidelines is that the candidate must show that he or she was personally involved in the conduct of these cases by signing the originating processes, the written addresses, the notices of appeal, the briefs of argument, the charge/information sheet, no case submission, etc. In the trial proceedings, the applicant must furnish the certified true copies of the record of proceedings to show his or her personal conduct of the trial, furnish a letter of instruction from the client, the recommendation and confirmation of the Judge that handled the case and the recommendation and confirmation of the opposing counsel in the case! The point of my defence of the Rank here is that if the LPPC is able to keep to these guidelines (which it has so far done), then you would hardly see a name on the list of SANs every year that will not merit the Rank. No matter his background or experience, for a lawyer to produce 20 final judgments of the High Court is not a tea party, that is if you know what I know as a practicing lawyer, in Lagos State for instance. Anyone who has successfully conducted twelve trial proceedings up to judgment is not just qualified to be a Senior Advocate of Nigeria but can also be a Judge. Believe me, it is no child’s play to secure five final judgments of the Court of Appeal or four final judgments of the Supreme Court. What the LPPC has done is to stick to these minimum standards, irrespective of your status. This is in addition to a well-equipped library, functional infrastructure in the law office, payment of tax, involvement in and recommendation by the Nigerian Bar Association, Judges, Justices, Body of Senior Advocates, Body of Benchers, the LPDC, etc. This same rigorous process is also entrenched for candidates in the academic category, who go through a very detailed regime of qualification and filtration.

The involvement of the general public in this process has guaranteed some form of transparency, whereby the names of shortlisted candidates are published to the whole world for comments and assessment. Selected members of the LPPC undertake physical inspection of the chambers of all the shortlisted candidates. The final process is the oral interview by the LPPC, comprising panels of eminent Judges and Senior Advocates of Nigeria. For me personally, any legal practitioner who has gone through these rigid procedures to be shortlisted for the oral interview of the LPPC is eminently qualified to be awarded the Rank of SAN, as a mark of distinction and excellence in the legal profession. Emphasis is placed on integrity, opinions of Justices/Judges, general knowledge of law, contribution to the development of law, leadership qualities in the profession and qualities of law office/library, for the award of the Rank. The undisputed fact that an applicant MUST meet the basic guidelines to be shortlisted at all, is a huge credit to the LPPC, headed by the Chief Justice of the Federation. My point is that you cannot buy trial proceedings or forge certified true copies of record of trial proceedings, buy the final judgment and also buy the recommendation of the Judge that delivered the judgment. These are empirical matters that have to be confirmed by the opposing counsel in the case.

I think the general challenge is what advocates do with the Rank after the award. Like never before, a huge responsibility is imposed on SANs, to show distinction, excellence, leadership and to be role models, not just for the legal profession, but also as officers of the Federal Republic of Nigeria, being a Rank approved by law duly published in the official gazette. I do not think the Rank confers any special advantage on any advocate who has no viable practice. On the other hand, one incurs a huge liability to be conferred with the Rank without a viable means of its propagation. The world has changed tremendously from the days of yore; legal practice has gone digital and except we deceive ourselves, the mark of excellence in legal practice is not a matter of title or Rank, but by dint of hard work, loyalty, fear of God and personal commitment to a better society, whether as Senior Advocate of Nigeria or as counsel.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘POSTPONE NBA ELECTIONS NOW,’ BAR LEADERS, SBL, EX-YLF CHAIR TELL ECNBA

  • SAY NBA ICT TEAM IS MANIPULATING VERIFICATION PROCESS

  • ASK ELECTORAL C’TE TO WAIVE VERIFICATION, BRANCH DUES

  • WORRY ABOUT NON-DISCLOSURE OF VOTING FRAMEWORK

BY EMEKA NWADIOKE

A major twist has emerged in the run-up to the Nigerian Bar Association (NBA) National Officers Elections as some Bar leaders and the NBA Section on Business Law have asked the Electoral Committee of the NBA (ECNBA) to postpone the elections in order to secure its credibility.

In a letter to the ECNBA Chairman, Mr. Tawo Tawo SAN dated 6th July, 2020 and obtained by CITY LAWYER, the Bar Leaders listed several challenges besetting preparations for the elections, warning that unless these issues are tackled, the NBA may witness another controversial election as was the case in 2016 and 2018.
Titled “Urgent concerns regarding the upcoming 2020 NBA Elections,” the letter was personally signed by frontline Bar Leader, Mr. Ade Okeaya-Inneh, SAN; Mr. Ayuli Jemide, Vice-Chairman, NBA Section on Business Law; Professor Chidi Anselm Odinkalu, Co-Convener, Open Bar Initiative, and Ms. Barbara Omosun, Chairman, NBA Young Lawyers Forum (2014-2016).

Noting that the ECNBA has “a sacred duty which may have been marred by faulty starts,” the Bar leaders said: “We think with all sense of responsibility and to the extent that the NBA constitution allows, the ECNBA may consider requesting the NBA for a short postponement of elections to enable it to discharge its duties creditably.”

They urged the electoral committee to “take these issues raised very seriously to avoid a dent on the image of the ECNBA, the NBA, and all Nigerian lawyers,” adding: “We are rested in the fact that you understand that if the NBA which is a known bastion of governance fails to conduct credible elections, it will be a travesty of untold proportions unfolding under your watch.”

ECNBA_LETTER

The petitioners hinged their quest for a postponement on several factors, listing the issues under headings such as ‘Missing Names on Voters List,’ ‘Voters List Verification,’ ‘Voter Eligibility,’ ‘Verification and Transparent Process for Voting.’

Noting that “It is with all sense of responsibility as lawyers and members of the Nigerian Bar Association (NBA) that we have decided to formally record our concerns about the upcoming NBA elections,” the Bar Leaders chronicled the background to their request for a postponement, adding that “The NBA elections in 2018 was fraught with electoral glitches that raised questions for many members of the profession and interested Nigerians as to its credibility, rightly or wrongly.”

Stating that the ECNBA “must consider it a sacred duty to ensure that the 2020 elections redeem the dent on the NBA’s image arising from the questions raised about the conduct of the 2018 elections,” the Bar Leaders said that the call is for the ECNBA to “ensure that the playing field is level and the NBA can on the back of the 2020 elections regain its pride of place as a credible voice for governance and rule of law in Nigeria.”

They warned that disenfranchisement of any voter “due to technical glitches or administrative errors on the part of ECNBA cannot be excused. A technical disenfranchisement is still a disenfranchisement,” noting that “Thousands of members have complained that despite having paid their Bar Practising Fees and Branch Dues and armed with receipts, their names are still not on the voters list.”

According to them, the ECNBA “must create a fast track process that addresses these voters as a matter of urgency,” adding that “If these names are on the list of paid members provided by any of the banks, they should be allowed to vote. Some other lawyers have complained that their names had appeared on the list and disappeared at a later date. If these persons have their receipts of payment of Bar Practising Fees, they should not be disenfranchised.”

Turning to the thorny issue of verification, the Bar Leaders observed that “a list of credible voters needs to be obtained with greater simplicity and that every candidate should exercise their rights to review the voters list and its source well ahead of elections. The most credible way to achieve this in our view is to simply procure a bank certified print out of the names of NBA members who have paid their Bar Practising Fees which the candidates may then verify and compare with voters list already circulated by ECNBA.”

In a damning indictment of the verification process, the Bar Leaders said: “The unfortunate news going around on social media about names like ‘Opening Balance’’ being on the Voters List can only be refuted by a transparent process verified by all the candidates as we now suggest.”

On voter eligibility, the petitioners said: “To avoid disenfranchising many eligible voters and to create further simplicity, we suggest to ECNBA that for the 2020 elections the ECBNA should waive the pre-condition that voters must have paid their NBA branch dues. Our reasons are that that it is public knowledge that COVID19 occasioned lifestyle changes in the month of March in many cities (Lagos was most affected) that deterred many NBA members from paying their branch dues before 31st March 2020. Your Committee may wish to note that the first confirmed case of COVID19 in Nigeria was reported on 27th February 2020, and Punch Newspapers of 9th March 2020 reported that Nigeria had its second case of COVID19 and by 24th of March Nigeria had 44 cases, and the lockdown in Lagos and FCT commenced March 29 – which means the 30th and 31st being working days fell into the lock down period. As the ECNBA would know, the payment of branch dues for most branches entails members commuting to branch offices to present tellers to officers and it is characteristic with members to pay within the month of March particularly the last 2 days of the 30th and 31st of March.”

The Bar Leaders noted that the process for online accreditation “is semi manual, cumbersome, and akin to a technical disenfranchisement of thousands of voters. For example, we do not see why a member who has a Supreme Court Number (SCN) should also be required to upload a Call to Bar Certificate.”

Worried that the verification process is allegedly being programmed to rig the polls, the Bar Leaders said: “More so, it takes an average of three days for one to get the email of temporary log-in password instead of an automated process. This has raised suspicions, and rightly so, that persons behind the scenes use these three days to vet and calculatedly refuse certain voters from certain branches accreditation for the benefit of certain candidates.”

They urged the electoral committee to take a “brave decision in the interest of inclusiveness to drop the verification part of the eligibility process. In our view, anybody who has paid his or her Bar Practising Fees is an eligible voter and should not be put through rigours that are reminiscent of the nightmares millions of Nigerians went through to obtain PVC’s during the 2019 general elections. Technology is so advanced that simple algorithms can void a person whose name is not on the bank certified list who happens to gain unlawful access to the voting platform.”

Speaking on what they termed “Transparent Process for Voting,” the Bar Leaders described as “fearsome” the fact that barely three weeks to the elections “the voters and candidates do not know how the election technology works,” saying: “The ECNBA should know that any credible elections include a public briefing of candidates and the electorate on the process for voting. Questions that are being asked by members include: Is there an automatic process for collation of votes? Is that process transparent? What are the transparency features in the server? Which systems are in place to ensure that this server cannot be hacked? Any election that is not transparent is subject to manipulations and consequently subject to slanders which cannot be rebutted. This is the reason why votes are counted in public at polling booths during the Nigerian general elections. All voters are involved in the counting and go home knowing the results.”

The NBA Elections are scheduled to hold on July 29 and 30, 2020 via electronic voting.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘NBA IS CONTROLLING YOU TO RIG ELECTION,’ ONU WARNS ECNBA

  • SAYS VERIFICATION MODEL WILL FOSTER FAKE VOTERS

  • ‘SAFEGUARD YOUR GOOD NAME,’ ONU TELLS TAWO TAWO

BY EMEKA NWADIOKE

The Co-Convener of Open Bar Initiative, Mr. Silas Onu has petitioned the Chairman of the Electoral Committee of the Nigerian Bar Association (NBA) over the exclusion of his name and that of his colleague from the voters’ register for the forthcoming NBA Elections, CITY LAWYER can authoritatively report.

In a letter dated 6th July, 2020 and titled “Conplaint (sic) against a foreseeable calculated attempt to disenfranchise me and other junior lawyers in the forthcoming national election of the Nigerian Bar Association,” Onu noted that while he has always discharged his financial responsibility to the NBA and is entitled to all benefits deriving from his membership of the association, “I have to make the point here that there is no benefit whatsoever that I have ever enjoyed as a faithful member of this Bar.”

Noting that “the only privilege that I have received by virtue of my membership is the right to vote and be voted for as enshrined in our constitution,” Onu stated that “this right itself has been stolen from me in the past and another concerted effort is underway to steal it from me again.”

Onu alleged that he was disenfranchised in 2018 by the Prof. Auwalu Yadudu-led electoral committee “in the total control of A. B. Mahmoud SAN,” adding that this was “due to my support for a candidate other than their endorsed candidate, even with evidence of all qualifying payments.”

Alleging that the current NBA President, Mr. Paul Usoro SAN “is the main beneficiary of that illegality,” Onu stated that “I fear that he (Usoro) is also controlling your committee to deliver the same outcome as the one that brought him in.”

Warning that he “will have a reason to seek redress and demand damages” if the right to vote is “taken away from me for the second time in a row,” the Abuja based lawyer also said that such “will determine my further need to pay anything to the Bar as the conduct of those running its affairs is gradually becoming a brazen acts (sic) of fraud with no fear for any consequence.”

Onu, who showered encomiums on the ECNBA Chairman, however warned him to steer clear of acts that may impugn his integrity, saying: “Mr. Chairman Sir, I have known you for many years. You have remained one of the few Senior Advocates who I deeply appreciate and respect because of how you have carried yourself with dignity of your station in life and respect for those who are behind you. You have earned yourself a good name by hard work and persevering in integrity. The task that you are currently chairing is one that can broaden your horizon in the path that you have been or completely deplete the good name that you have done for many years. The latter is easily achievable if you do not insist on managing the entire process that will lead up to the election. If you allow the certain regular partisan individuals occupying offices in the Secretariat to manage the process, then we will end up with a disputed election that can bring the NBA to its knee.”

Onu noted that there is a need to ensure that the electoral process “is more credible than the past and as transparent as the voting itself,” adding that the compilation of the voters register was a “shameful exercise” as it reflected a list “a list put together from names sent from various Branches of the Association.”

He alleged that the register is “replete with duplicate names or bogus names,” querying : “Can you sincerely say that a credible election is about to be conducted when thousands of qualified voters are unable to verify for the election?” He stated that many names on the voters register were without email addresses, adding that those assigned to administer the Help Desk “have become professional liars promising so much and delivering nothing to members with verification challenges.”

Providing their personal details, Onu said: “With the information given herein, there is no reason why we should not be able to do our verification before the last day scheduled for it, except if the bid to deny us this right is actually deeper than we thought.”

Onu warned that “lawyers verification should not have anything to do with this election,” and observed that opening the NBA portal for verification by all comers may be a recipe for a flawed election. His words: “This needs to be addressed urgently as allowing it as it is will open a window to all verified lawyers to gain access into the election portal even without having paid BPF for the year.”

The NBA Election is scheduled to hold on July 29 and 30, 2020.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

KUNLE ADEGOKE OKAYS SOKOYA AS NBA PUBLICIST

Popular lawyer and telecoms litigation expert, Mr. Kunle Adegoke has endorsed Mr. Olayinka Sokoya to win the race for Publicity Secretary of the Nigerian Bar Association (NBA) come July 30, 2020.

In a statement made available to CITY LAWYER, Adegoke who is also active in the election petitions circuit noted that having x-rayed the professional and personal lifestyle of the candidate, “I can confidently say that his sense of honesty, integrity and professionalism is excellent.”

His words: “I have the opportunity of relating with and carefully studying the professional and personal lifestyle of Olayinka Sokoya and as a senior who is in a position to rate him, I can confidently say that his sense of honesty, integrity and professionalism is excellent. He is an advocate that enjoys the practice of law and is committed to the development of the legal profession. His sense of duty, discipline and knowledge of law make him a lawyer with a difference. It is, therefore, with ease that I endorse him as the best material for the office Publicity Secretary of the Nigerian Bar. K Rad.”

Meanwhile, Sokoya’s campaign received a major boost at the weekend with his clearance by the Electoral Committee of NBA (ECNBA) to contest for the position of NBA Publicity Secretary. Announcing the successful appeal of his disqualification, Sokoya however noted that “This is not the time to rest on our oars but to intensify efforts until our victory is announced.” The former NBA Ilesa Branch Secretary and Publicity Secretary urged his supporters to “change the narrative and make the voice of the bar to be heard.”

His words: “Precisely on the 12th day of June, 2020 at exactly 8:42 Pm after celebrating the Democracy Day and having been interviewed by the media on Democracy Day, I received a mail from ECNBA informing me of its decision disqualifying me as a candidate in the forthcoming NBA election.

“Upon a careful and holistic perusal of the sole ground for the disqualification, I swiftly lodged an Appeal to ECNBA and to the glory of God, I received another mail from ECNBA on the 3rd day of July, 2020 at exactly 11:57 pm that I have been cleared as a candidate to the office of the Publicity Secretary of our noble Association.

“I give Glory to God Almighty for this first stage of Victory, I equally thank my revered and highly respected leaders and friends who have been calling me on daily basis to ascertain the decision of the ECNBA on my meritorious Appeal.”

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GENERAL SECRETARY: ODUAH GETS ECNBA’S NOD TO RUN

Former Nigerian Bar Association (NBA) Treasurer, Joyce Oduah has his chances of clinching the post of General Secretary boosted at the weekend with the green light given to her by the Electoral Committee of the NBA (ECNBA). The electoral committee listed the erstwhile NBA Lagos Branch Publicity Secretary as one of the candidates to compete for the influential General Secretary position.

In a statement made available to CITY LAWYER, Oduah expressed delight at her clearance by the electoral committee, adding that “this is another milestone in our mission to transform the NBA National Secretariat and make it more responsive, robust and forward-looking.”

The full text of the statement reads:

My distinguished colleagues and teeming supporters, it is with great delight that I announce to you that the Electoral Committee of the Nigerian Bar Association (ECNBA) has granted me final clearance to contest for the Office of the General Secretary of the NBA in the 2020 NBA National Elections, scheduled to hold from the 29th – 30th of July, 2020. This is contained in the ECNBA Statement 013, which was released and published on the NBA website in the early hours of today, Saturday, 4th July 2020. I thank God Almighty for making this possible and I thank you too, my teeming supporters, for your unwavering support and sacrifices. Indeed, this is another milestone in our mission to transform the NBA National Secretariat and make it more responsive, robust and forward-looking.

While I appreciate your continued support, I also enjoin you to verify and update your details on the NBA website on or before 15th July 2020, to enable you access the voting portal during the elections. The NBA website has a membership portal for all lawyers who are enrolled at the Supreme Court of Nigeria, similar to the portal on the International Bar Association (IBA) website. Verification is completely free and seamless.

To get verified, please visit the NBA Membership Portal on the NBA website or click this link https://nigerianbar.org.ng/membership-portal

Thank you and do have a great weekend.

Joyce Oduah, FICMC
National Treasurer, NBA, 2012-2014.
#BeyondRecordingMinutes

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.