January 2022 – CITY LAWYER MAGAZINE

EMEKA NWADIOKE
Jan 29, 2022
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NBA ELECTION: MAIKYAU, TAIDI’S FATE HANGS IN BALANCE AS LAWYER ‘PETITIONS’ ECNBA

The reported ambition of two leading contenders for the Nigerian Bar Association (NBA) presidency may be in jeopardy as a senior lawyer has demanded interpretation of the NBA Constitution from the Electoral Committee of the NBA (ECNBA).

According to a letter obtained by CITY LAWYER and dated January 25, 2022, former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo has asked the recently inaugurated committee to interpret especially Section 9(3) of the recently amended NBA Constitution.

Meanwhile, Ojo confirmed to CITY LAWYER that he has delivered the letter to the committee, saying: “Yes. It is already delivered to the Chairman and some members. They acknowledged.” On his part, ECNBA Chairman, Mr. Richard Akintunde SAN also told CITY LAWYER that the committee is in receipt of the letter, adding that it would respond in due course.

In the letter addressed to ECNBA Chairman and marked “URGENT” with reference number OO/ECNBA/ABJ/ECNBA/02/22, Ojo wrote: “In the main, I write to formally seek the attention of the ECNBA, for the proper interpretation of the mandatory provisions of section 9(3) of the NBA Constitution as well as paragraphs 2.2(b) and 2.2(d) of the second schedule in light of the forthcoming 2022 NBA National Officers’ election.”

Continuing, the fiery senior lawyer said: “Pursuant to the dictates of section 9(3) of NBA Constitution and paragraphs 2.2(b) and 2.2(d) of the second schedule, the rotation of the candidacy for the office of the presidency amongst different groups/sections in the geographical zones created by the NBA Constitution has been and is an intrinsic provision of the NBA Constitution; which has since been endorsed by the 2020 Electoral Reform and Audit Committee which recommended inter alia that same;

“…should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

“This report and recommendation was also given imprimatur by its subsequent adoption by the NBA NEC as contained in the communiqué issued by the President and General Secretary of the Association on March 18, 2021. Kindly find attached the relevant pages of the report, NEC minutes of meeting and communiqué for ease of reference.”

He noted that section 9(3) of the NBA Constitution provides that the country shall be divided into three zones as set out in the Second Schedule for the purposes of election into national offices.

Quoting Paragraph 2.2(b) of the second schedule to the NBA Constitution, Ojo identified the geographical zones as Northern, Eastern and Western Zones, adding that “what constitutes different groups or sections in the NBA Constitution is akin to the geopolitical zones within the geographical zones.”

Ojo noted that Paragraph 2.2(d) of the Second Schedule to the NBA Constitution provides that “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.”

According to Ojo, “Having due regard to paragraph 2.2(d) of the second schedule to the NBA Constitution reproduced above, an aspirant to the Office of the Presidency of the NBA has to be from a section/geo-political zone in the geographical zone where the Presidency is zoned, in this case the North for 2022 NBA election, in compliance with the constitutional rotation requirement. This rotation within the geographical zones also applies to the positions of 1st Vice President, 2nd Vice President, 3rd Vice President and General Secretary which have all been zoned to specific geographical zones for the purposes of the 2022 NBA elections as pointed out above. That is to say that within the Western zone, the rotational principle will apply in view of the different sections/groups which are mid-west and south-west while in the Eastern Zone; rotation is to be between the south-south and south-east. In the same vein, the rotation is to be amongst the North-Central, North-West and North-East geopolitical zones within the Northern zone.”

He noted that following the build-up to the 2022 NBA election which has been zoned to the North, “there are several prospective aspirants for the position of the NBA President from the Northern Zone, many of whom have consulted me in respect thereof.

“I seek the clarification and/or confirmation of the ECNBA as to the import of section 9(3) of the NBA Constitution and paragraph 2.2(d) of the second schedule of the NBA Constitution on the 2022 NBA general election in the determination of the issue as to the eligibility status of aspirants emerging from the sub-zones from the North, West and East geopolitical zones respectively with respect to the offices zoned to them.. In my humble view the need for this clarification now is germane to the transparency and fairness of the electoral process and clearly represents the clear and mandatory provision of the just amended NBA Constitution and should ideally therefore be expressly indicated in the guidelines that will be issued and published by the ECNBA in due course.”

Concluding, Ojo wrote: “In the circumstances, I seek the required clarification as it relates to the rotation amongst the various sections/groups within the respective zones that are to produce the next NBA President, General Secretary and Vice Presidents in order to be properly guided as a voter and key stakeholder of the Bar. This is more so as consultations are ongoing and I intend to possibly contest or play key roles in the electioneering process at the appropriate time. I humbly entreat you to treat this matter with utmost fairness, transparency, justice and strict adherence to the rule of law as it is a sensitive issue touching on the future of the Nigerian Bar. I await your prompt response on this matter so that I can be guided accordingly.”

Watchers of NBA politics believe that the petition may affect the political fortunes of two leading contenders for the NBA Presidency, namely Mr. Yakubu Maikyau SAN and immediate past NBA General Secretary, Mr. Jonathan Taidi, leaving the coast clear for another strong contender, Chief Joe-Kyari Gadzama SAN.

While Maikyau is from Kebbi State in the North West Zone, Taidi is from Niger State in the North Central Zone. Gadzama is from Borno State in the North East. It is believed that while the North Central has produced former NBA presidents, Chief Bayo Ojo SAN and Mr. Joseph Daudu SAN both from Kogi State, the North West has produced former NBA President, Mr. Abubakar Mahmoud SAN from Kano State. On the other hand, the North East is yet to produce an NBA President.

It is unclear at press time whether the two leading aspirants are aware of the letter to ECNBA, as they are yet to react to the development.

OLASUPO OJO_ECNBA

Copyright 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

EMEKA NWADIOKE
Jan 29, 2022
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‘WE’RE READY TO HOST NBA-SPIDEL ANNUAL CONFAB,’ SAYS TAMBUWAL

Sokoto State Governor, Mr. Waziri Tambuwal has assured the Nigerian Bar Association of his readiness to host this year’s NBA Section on Public Interest and Development Law (NBA-SPIDEL) Annual Conference scheduled to hold in May in Sokoto.

Receiving a delegation led by NBA President, Mr. Olumide Akpata, Tambuwal thanked the association for choosing Sokoto State as the venue for this year’s SPIDEL Conference and “promised to support the NBA in any way possible with a view to ensuring that the SPIDEL Conference is an outstanding success,” a statement by NBA Publicity Secretary, Dr. Rapulu Nduka said.

Also throwing his weight behind the conference, the Chief Judge of Sokoto State, Hon. Justice Muhammad Sa’idu Sifawa “assured the NBA of the support of the Judiciary for the upcoming SPIDEL Conference, and promised that the Judiciary will work together with the NBA to organize the best conference in the annals of SPIDEL.”

The delegation also visited the State’s Attorney General & Commissioner for Justice, Suleiman Usman (SAN) and interacted with legal practitioners in the State during the three-day visit.

Below is the full text of the statement made available to CITY LAWYER.

NBA PRESIDENT HOLDS INTERACTIVE SESSION WITH LEGAL PRACTITIONERS IN SOKOTO STATE; PAYS COURTESY VISIT ON THE CHIEF JUDGE OF SOKOTO STATE AND SECURES SUPPORT OF SOKOTO STATE GOVERNMENT TOWARDS UPCOMING SPIDEL CONFERENCE .

Dear Colleagues,

As part of ongoing efforts by the leadership of the Nigerian Bar Association (“NBA”) to deepen its engagement with the legal community and to ensure that the NBA indeed works for its members, the President of the NBA recently led some members of his team on a 3-day working visit to Sokoto, Sokoto State.

Upon arrival on the 26th day of January 2022, the NBA delegation paid a courtesy visit to the Attorney-General of Sokoto State – Suleiman Usman (SAN), who thereafter led the delegation on a tour of the recently renovated High Court Complex which has been totally upgraded and fitted with modern technological equipment, properly incorporated into the court’s architecture, to deliver better, quicker and easier dispensation of justice.

Thereafter, the NBA President held an interactive session with Legal Practitioners in the State, at the NBA Sokoto Branch Bar Centre. At this Session, the NBA President reassured legal practitioners in Sokoto of the focus of the National Executive Committee of the NBA on running an all-inclusive Bar with particular emphasis on the professional well being and general welfare of its members. He reminded the members that the Branches of the NBA are the very critical constituent parts that make up the Association and stated that the various Branches must rise up to take their place, within each jurisdiction, for the promotion of the rule of law and improving the welfare of the members within their domain.

The NBA President further outlined some of the steps already taken by the National Executive Committee to improve the welfare of the members, especially in the area of comprehensive insurance cover for all legal practitioners in Nigeria and access to finance for lawyers etc.

A number of other Bar-related issues were discussed during the interactive session including, but not limited to, the administration of justice system in Sokoto State, continuing legal education peculiar to the jurisdiction, expansion of the existing legal space and provision of more opportunities for lawyers within the State, specialization and diversification of legal practice, harassment of legal practitioners by security operatives and the ongoing BPF online payment. The NBA President pledged to continue engaging with members of the Association in various Branches in order to ensure that the NBA is brought closer to its members and the myriad of challenges faced by legal practitioners in the course of practising the profession are effectively tackled.

Earlier on, the NBA President – Mr. Olumide Akpata, in the company of the NBA Publicity Secretary – Dr. Rapulu Nduka, NBA Assistant General Secretary – Uche Nwadialo Esq. and the Chairman of SPIDEL – Dr Monday Ubani paid a visit to the Governor of Sokoto State – H.E Aminu Waziri Tambuwal, to secure the support of the Executive Arm of Government, towards the upcoming SPIDEL Conference. The Governor of Sokoto State, upon warmly receiving the NBA delegation, thanked the NBA for choosing Sokoto State as the venue for the SPIDEL Conference billed to take place in May 2022. The Governor promised to support the NBA in any way possible with a view to ensuring that the SPIDEL Conference is an outstanding success.

The NBA delegation also paid a courtesy visit to the Chief Judge of Sokoto State, Hon. Justice Muhammad Sa’idu Sifawa. The visit provided the NBA President and his team with an opportunity to engage extensively with the Chief Judge on strategies for further strengthening of the existing partnership between the Bar and Bench in the State. The Chief Judge also assured the NBA of the support of the Judiciary for the upcoming SPIDEL Conference, and promised that the Judiciary will work together with the NBA to organize the best conference in the annals of SPIDEL.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

EMEKA NWADIOKE
Jan 28, 2022
893
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BOSAN HOLDS DINNER, TO REVIEW SAN RANK, LPA BILL REPORTS TOMORROW

The Body of Senior Advocates of Nigeria (BOSAN) will tomorrow hold its 2021 Annual Dinner and meeting to review the report of its committee on award of the rank of Senior Advocate of Nigeria (SAN).

Among the reports also scheduled to be presented to the influential body are the report on review of the harmonized Legal Practitioners Bill and Legal Profession Regulatory Bill as well as a report on the public hearing on amendment of the Legal Practitioners Act (LPA) held on 15th November, 2021. The reports will be presented by BOSAN’s longstanding Secretary, Mr. Seyi Sowemimo SAN and Chief Anthony Idigbe SAN.

Scheduled for 11 am at the Nigerian Law School, Lagos Campus, Victoria Island, the meeting will also receive another report from its Committee on the Reform of the Supreme Court alongside a paper presented by former Nigerian Bar Association (NBA) President, Chief Thompson Okpoko SAN.

According to a notice of meeting obtained by CITY LAWYER, the body will again receive an update on the implementation of the BOSAN Leadership Committee including arrangements for its Annual Lecture, Annual Dinner, presentation of the BOSAN Law Practice Journal, Induction Programme and Scholarship Awards.

Meanwhile, the association will tomorrow at the Grand African Ball Room of Lagos Continental Hotel, Victoria Island hold its 2021 Annual Dinner & Scholarship Awards.

The Special Guest of Honour is Vice President, Prof. Yemi Osinbajo SAN while the Chairman of the occasion is Chief Justice of Nigeria, Justice Tanko Muhammad. The Guest Speaker is former Head of State, Gen. Abdulsalami Abubakar.

EMEKA NWADIOKE
Jan 28, 2022
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OYO STATE AND DELAY IN APPOINTMENT OF JUDGES

The appointment of judges has been a thorny issue in recent times. In this article by MR. IBRAHIM LAWAL, he asserts that the Oyo State Judicial Service Commission has shown tardiness in the appointment of judges, arguing that this has occasioned hardship for lawyers and justice delivery in the state

APPOINTMENT OF NEW JUDGES IN OYO STATE: NEED TO BE PROACTIVE.

There is no denying the fact that Oyo State Judiciary does not have full complement of Judges to man her various courts spread across the state. The shortage in the number of Judges had negative impact on the turnout of numbers of cases heard and decided in a given year.

Despite the shortage, many of our Judges are retiring this year and next year, thereby compounding the problems being faced by lawyers and litigants alike. I know of a judge who is due for retirement in the next couple of months and thereby decided not to open new cases.

The process of appointment of new Judges should commence before the due date for those retiring. Admirably, the Supreme Court is already out with a notice of appointment of new Supreme Court Justices to fill the vacancies of not only those that had retired or dead but also those who are going to retire in some months to come.

In Oyo State, the process of appointment of new Judges started with the submission of application by those interested since last August. It has been motion without movement since then. Ekiti State started their own process after that of Oyo State and those Judges have been sworn in by the Governor.

Recall that it was this tardiness in the appointment of Judges that led to several deaths of some of our finest hands before the last crop of Judges were appointed. I thought that coming from such horrible experience, Oyo State should have learnt her lessons and handle the issues of Judges appointment with utmost dispatch.

The Judicial Service Commission should be alive to its responsibility by ensuring that the process is fast tracked and ensure that we have enough Judges to man our courts. The JSC should as a matter of duty cooperate with the Chief Judge to ensure the process is done without a hitch.

We cannot continue to say the same thing all the time. This is the time for every stakeholder in the Justice administration to wake up and do the needful.

Ibrahim Lawal is the Head of Chamber, Olujinmi & Akeredolu of the Law Hub 9 Ring Road, opposite Iyaganku GRA Roundabout, Ibadan.

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 views expressed in this article are entirely those of the author and do not necessarily reflect the opinion of CITY LAWYER or its management.

CITY LAWYER cannot guarantee the completeness, accuracy of the data and content of the website, nor that it is up to date at all times. CITY LAWYER accepts no liability for any direct or indirect damage of any kind whatsoever that arises from, or is in any way related to the use of the website or its accessibility or lack thereof. The assertions and opinions expressed in articles, announcements and/or news on this website reflect the views of the author(s) and do not (necessarily) reflect the views of the webmaster, the internet provider or CITY LAWYER. CITY LAWYER can in no way whatsoever be held responsible for the content of such views nor can it be held liable for any direct or indirect damage that may arise from such views. CITY LAWYER neither guarantees nor supports any product or service mentioned on this website, nor does it warrant any assertions made by the manufacturers or promoters of such products or services. Users of this website are always recommended to obtain independent information and/or to perform independent research before using the information acquired via this website.

EMEKA NWADIOKE
Jan 28, 2022
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STEVE ABAR NOW VOX POPULI SCRIBE

The Vox Populi Foundation for Leadership, a non-governmental organization, has appointed senior lawyer, Mr. Stephen T. Abar as its Secretary General.

According to a statement made available to CITY LAWYER, “Steve Abar, as fondly called by his peers, is an astute legal practitioner and ebullient administrator. He is the Principal Partner of Stephen Abat & Co.

“The Foundation is poised to attain excellence in the society through influencing and advocating for good governance as well as contributing positively to society. The group is comprised of legal practitioners both young and old as well as distinguished men and women with the common goal of nurturing leaders.”

Speaking on the appointment, the Chairman, Board of Trustees of the Foundation, Chief Joe-Kyari Gadzama, SAN emphasized the need for the younger generation to be actively involved in governance and administration by appointing them in leadership roles.

It is recalled that Prince Chukwudi Oli was recently appointed as the Director-General of the Foundation.

EMEKA NWADIOKE
Jan 28, 2022
567
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GADZAMA LLP RELEASES Q1 2022 NEWSLETTER

The law firm of J-K Gadzama LLP has released Volume 34 of its popular quarterly newsletter for 2022.

This latest edition includes the Keynote Address by Most Rev. Dr. Mathew Hassan Kukah, the Bishop of the Catholic Diocese of Sokoto, on the theme: Labour of Our Heroes Past: Thoughts on National Unity, delivered at the J-K Gadzama LLP 14th Annual Public Lecture in commemoration of the 60th Birthday celebration of Chief Joe-Kyari Gadzama, SAN.

Held at the Hon. Justice S. M. A Belgore Hall, J-K Gadzama Court, Abuja on Friday, November 26, 2021, the event was chaired by Hon. Justice Sidi Bage, FCIarb., JSC (Rtd), Emir of Lafia, and attended by many dignitaries such as Oba Aladetoyinbo O. Aladelusi Odundun II, the Deji of Akure Kingdom among others.

This 34th volume also features sights and scenes from the J-K Gadzama LLP 2021 Christmas Carol and End-of-Year party. Chief Joe-Kyari Gadzama SAN’s New Year Message is also featured in this edition.

Other events on commemoration of the 60th birthday celebration of Chief Joe-Kyari Gadzama SAN, games, words on marble, upcoming events, programmes and jokes are also contained in this 34th Volume of the publication.

The newsletter is available at: https://j-kgadzamallp.com/publications/newsletters/49-vol-34-jan-mar-2022

EMEKA NWADIOKE
Jan 26, 2022
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RPC: ‘WHY WE SUED MALAMI,’ BY ORBIH, NBA-SLP CHAIR

The Chairman of the Nigerian Bar Association (NBA) Section on Legal Practice (NBA-SLP), Chief Ferdinand Orbih (SAN) has said that the lawsuit filed against the Attorney-General of the Federation, Mr. Abubakar Malami SAN was a fallout of a directive by the association.

It is recalled that Orbih had in an exclusive interview last December told CITY LAWYER that NBA would sue Malami unless he formally reversed amendment of the RPC. The association has now made good its threat by filing a lawsuit at the Federal High Court challenging the amendment of the Rules.

Orbih told CITY LAWYER yesterday that “The suit is now firmly in court,” an indication that efforts towards amicable resolution of the debacle have hit a brick wall.

Giving further insight into the matter, Orbih said: “The Section on Legal Practice under my leadership was mandated by the National President of the NBA to drive the process. Upon receipt of the mandate I (in my capacity as the Chairman of the SLP) constituted the Legal team led by S. I. Ameh, SAN to commence the action.”

According to the fiery senior lawyer, other members of the legal team are Messrs Elisha Kurah, SAN, Oluwaseun Abimbola, SAN and M. E. Ukweni, SAN.

Orbih had in an earlier interview with CITY LAWYER said: “The Attorney-General of the Federation was on television to disclaim the controversial Rules of Professional Conduct.

“However, we are aware that the RPC has been gazetted under his name. We have therefore informed the Honourable Attorney-General that a viva voce disclaimer of the RPC will not suffice in the circumstances.

“The NBA Legal Committee has decided to engage the AGF and afford him an opportunity to issue a proper disclaimer through a written instrument published in the gazette. We expect this to be done by next week.

“If at the end of the day this is not done, we will have no option than to carry out the mandate of the NBA to litigate the matter. Let me assure that this will not take long any more, as we have been on this matter for almost two years.”

EMEKA NWADIOKE
Jan 26, 2022
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FIDA NIGERIA SET TO IMPLEMENT 5-YEAR STRATEGIC PLAN

International Federation of Women Lawyers (FIDA), Nigeria Chapter (FIDA Nigeria) is set to begin implementation of its Five-Year Strategic Plan.

According to a press statement made available to CITY LAWYER and signed by its Country Vice President/National President, Mrs. Amina Suzanah Agbaje and National Publicity Secretary, Christiana Oyanvutu Adejumo, the association recently held a 3-day National Executive Officers & Staff Retreat in Abuja to fashion modalities to execute the plan.

“The retreat in addition enabled a Strategic Session involving departmental (Program, Litigation, Monitoring & Evaluation, Accounts, Communications/IT and Admin) presentations by various heads of department,” the statement noted, adding that “The CVP challenged staff to be continuously creative and innovative so to achieve the organizations set goals as stipulated in the FIDA Nigeria Five-Year Strategic Plan.”

Below is the full text of the statement.

PRESS RELEASE ON THE RETREAT FOR NATIONAL EXECUTIVE OFFICERS & STAFF OF FIDA NIGERIA

FIDA Nigeria held a 3-day National Executive Officers & Staff Retreat in Abuja from 13th to 16th of January 2021

The objective was to critically review current operations and performance whilst identifying critical areas requiring refocusing; it also allowed formal interaction by the new National Executive Committee with the new FIDA Nigeria Program Officers both at the national and state levels.
The retreat helped to build the capacity of staff whilst familiarizing them with FIDA Nigeria goals and policies and strengthening their capacity for effective engagement and project implementation. It served as an orientation for the newly recruited staff.
Declaring open the Retreat on Thursday, 13th January 2021, the Country Vice President Mrs. Amina Suzanah Agbaje in her opening remarks welcomed the National Executive Committee and staff, while expressing her immense gratitude for the contributions and continuous efforts made in striving towards promoting FIDA Nigeria’s developmental goals ensuring positive impact across the Nigerian society.

In attendance were the National Executive officers Deputy Country Vice President Evelyn Membere – Asimiea, National Secretary Eliana Martins Assistant National Secretary Beatrice Abongye Awah, National Financial Secretary Olubunmi Niyi-Arajuwa, National Treasurer Chineze Obianyo, National Publicity Secretary/ Editor Mrs. Christiana Oyanvutu Adejumo, National Ex Officio (CVP Emeritus) Rhoda Prevail Tyoden, ably led by the Country Vice President Mrs. Amina Suzanah Agbaje.

Erudite speakers such as Chief Mrs. Victoria Awomolo SAN and Chief Moji Makanjuola MFR, were also in attendance to deliver papers in key areas

The retreat in addition enabled a Strategic Session involving departmental (Program, Litigation, Monitoring & Evaluation, Accounts, Communications/IT and Admin) presentations by various heads of department.

At the end of the retreat the executive committee as well as all departments were effectively equipped with operational plans and approved innovations to further fuel their growth and that of the organization.
The CVP challenged staff to be continuously creative and innovative so to achieve the organizations set goals as stipulated in the FIDA Nigeria Five-Year Strategic Plan

Signed:

Mrs. Amina Suzanah Agbaje
Country Vice President/National President
FIDA Nigeria

Christiana Oyanvutu Adejumo
National Publicity Secretary
FIDA Nigeria

Copyright 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

EMEKA NWADIOKE
Jan 26, 2022
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‘WHY COURT OF APPEAL MUST REVISIT 2021 RULES’

The Court of Appeal has issued new rules for the adjudication of appellate cases. In this article, IBRAHIM LAWAL, Head of Chambers, Olujinmi & Akeredolu dissects Order 8 Rule 11 of the Rules dealing with “Deposit against Cost” and concludes that it leaves much to be desired especially as it relates to access to justice

COURT OF APPEAL RULES, 2021 AND DEPOSIT AGAINST COSTS: NEED TO HAVE A RETHINK.

It is no longer news that the Court of Appeal has given itself a new rules of court that will guide proceedings at the appellate court. The new rule, which commenced on the 1st day of November, 2021, has twenty five orders all together.

There are innovations brought into the rules which are far-reaching and will definitely change the face of adjudication at the appellate court. These innovations are Order 16 which deals with Court of Appeal Alternative Dispute Resolution Programme (CAADPR); Order 20 which deals with Electronic filling; Order 21 which deals with virtual hearing and Order 22 on Case Scheduling and Management system.

However, an interesting aspect of the rule is Order 8 Rule 11 with the heading, Deposit against Cost. Order 8 Rule 11(1) states as follows:

Upon the transmission of the Record of Appeal, whether by the Registrar of the lower court or by the Appellant, the Appellant shall, within such time as the Registrar of the court shall direct, deposit not less than Fifty Thousand Naira (N50,000.00) with the Deputy Registrar of that Division for the due prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the Appellant: Provided that no deposit shall be required from an indigent person or where the deposit would be payable by the Government of the Federal Republic of Nigeria or of a state, or by any Government department.

The implication of this rule is that for an Appellant to lodge an appeal, he must be ready to pay Deposit against Cost of nothing less than Fifty Thousand Naira. As laudable as this rule is, considering the purpose for which it was inserted, I respectfully submit that the provision is against the principle of access to justice. Notwithstanding the exception of indigent appellants inserted in the rule, it is still going to hinder many people from accessing justice.

For instance, what is the yardstick for measuring an indigent person? Can we assume that majority of Nigerians can afford N50,000 willy nilly? It is conceded here that Order 13 of the rule clearly specifies how an indigent person should proceed, such procedure will unnecessarily delay the appeals if going by the number of appeals we have in our various appellate courts. When will such motion be listed for hearing and so on.

The reality of our situation as lawyers and minister in the temple of justice is that 90% of criminal cases at the appellate courts are done pro bono. As much as lawyers are encouraged to take pro bono cases, they want to dispense with such cases as quickly as possible. Lawyers virtually use their money to pay for the compilation of records and other ancillary costs, to add to their cost by the application of Order 8 Rule 11 is to discourage them from expanding the frontiers of the law.
Ditto the Fundamental Rights Enforcement cases.

It is my contention that Order 8 Rule 11 should not be applicable to criminal and Fundamental Rights Enforcement cases in order to encourage more access to justice.

Ibrahim Lawal is the Head of Chambers, Olujinmi & Akeredolu of the Law Hub, 9 Ring-Road Opposite Iyaganku GRA Roundabout Ibadan.

Copyright 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. CITY LAWYER cannot guarantee the completeness, accuracy of the data and content of the website, nor that it is up to date at all times. CITY LAWYER accepts no liability for any direct or indirect damage of any kind whatsoever that arises from, or is in any way related to the use of the website or its accessibility or lack thereof. The assertions and opinions expressed in articles, announcements and/or news on this website reflect the views of the author(s) and do not (necessarily) reflect the views of the webmaster, the internet provider or CITY LAWYER. CITY LAWYER can in no way whatsoever be held responsible for the content of such views nor can it be held liable for any direct or indirect damage that may arise from such views.

EMEKA NWADIOKE
Jan 24, 2022
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Comments Off on ECNBA: CAN AKINTUNDE FIX NBA’S TROUBLED ELECTIONS?

ECNBA: CAN AKINTUNDE FIX NBA’S TROUBLED ELECTIONS?

The appointment of chartered arbitrator and President of Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN), Mr. Richard Ayodele Akintunde (SAN) as the Chairman of the Electoral Committee of the Nigerian Bar Association (ECNBA) has elicited excitement in legal circles as to the prospects of the eagerly awaited 2022 NBA National Officers Election.

This comes against the backdrop of serial controversies that have trailed NBA elections especially since 2012. The controversies have imperiled NBA’s larger-than-life standing in the eyes of Nigerians and compromised its advocacy towards free and fair elections in the polity.

Perhaps the lowest point was the inroad of the Economic and Financial Crimes Commission (EFCC) into NBA’s electoral affairs, with its high stakes investigation of the 2018 NBA Election. The Commission determined that there was a prima facie case of misfeasance and filed charges against some defendants.

It is against this backdrop that the appointment of Akintunde as Chairman of the ECNBA is seen as offering a glimmer of hope in fixing the challenges that have ailed NBA elections over the years. This is further boosted by the inclusion of other tested persons in the committee.

Instructively, the senior lawyer was the Chairman of the NBA Electoral Reform and Audit Committee whose core mandate was “To audit the elections of National Officers of the NBA of 2016, 2018 and 2020 and recommend reforms, if any, of the electoral process.” NBA President, Mr. Olumide Akpata had while inaugurating the committee stated that it “is already in the process of recommending reform measures to ensure that complaints about the NBA electoral process are significantly minimised.”

As Akpata inaugurates the committee today, CITY LAWYER profiles Akintunde on whose shoulders the hopes of lawyers for a free, fair, credible and rancour-free 2022 NBA Elections now rests.

PROFILE OF RICHARD AYODELE AKINTUNDE SAN C.ARB., FBR
Richard Ayodele Akintunde, SAN, obtained his LL. B from the University of Ife (now Obafemi Awolowo University) in 1984 and was called to the Nigerian Bar in 1985.

For over 35 years, he has been in active legal practice. During this period, he has amassed a wealth of experience in in Civil Litigation, Commercial Litigation, Criminal Litigation, Insolvency and Arbitration and has represented clients in a wide range of civil and criminal matters at the High Courts, Court of Appeal and the Supreme Court of Nigeria.

Currently, he is a Senior Partner in the law firm of Ayodele Akintunde & Co. a full-service law firm with offices in Lagos and Abuja, Nigeria where he heads the Litigation and Alternative Dispute Resolution Unit.

In 2016, he was elevated to the rank of Senior Advocate of Nigeria. He is also a Chartered Arbitrator, a Fellow of the Chartered Institute of Arbitrators, United Kingdom, a Fellow of the Business Recovery and Insolvency Practitioners Association of Nigeria where he is currently the President, a Fellow of the Institute of Construction Industry Arbitrators and a Council Member of the Nigerian Bar Association – Section on Legal Practice (NBA-SLP) and a member of the Nigeria Bar Association, Lagos Branch.

Mr. Akintunde, SAN has served as the Chairman of the NBA Lagos Branch Election Committee in 2015, 2017 and 2019. In 2019, the Election Committee made history by successfully conducting the first ever NBA Branch elections in Nigeria by electronic voting. The Election was adjudged by all stakeholders to be transparent, free, fair and credible. In 2020, he was also appointed as the Chairman of the Nigerian Bar Association Electoral Reform and Audit Committee to audit the 2016, 2018 and 2020 elections of National Officers of the Nigerian Bar Association and recommend reforms of the electoral process.

EMEKA NWADIOKE
Jan 21, 2022
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NBA ELECTION: AKPATA TO INAUGURATE COMMITTEE ON MONDAY

Barring any last-minute hitch, Nigerian Bar Association (NBA) President, Mr. Olumide Akpata will on Monday inaugurate the newly appointed Electoral Committee of the NBA (ECNBA).

An impeccable source who is familiar with the matter told CITY LAWYER that the inauguration which was originally scheduled to hold at NBA House by 12 noon will now hold same day at 3:30 pm.

The inauguration will set the stage for frenzied politicking towards the eagerly awaited 2022 NBA National Elections. The presidential election will see only candidates from the Northern Zone slugging it out for the coveted seat, going by the zoning arrangement built into the NBA Constitution (as amended).

Akpata had at the last NBA National Executive Committee (NBA-NEC) quarterly meeting in Abeokuta announced the appointment of members of the Electoral Committee to conduct the 2022 National Officers election.

Many political pundits have hailed Akpata on the appointment of Akintunde to spearhead the election, saying it signposts a commitment towards a free and transparent election. Akintunde was a longstanding Chairman of several NBA Lagos Branch electoral committees which conducted rancour-free elections to the admiration of members. A source told CITY LAWYER that he was in the running to conduct the last controversial NBA National Elections but was side-stepped at the last minute.

Other members of the Committee are Mabel Ekeke, Secretary; firebrand human rights activist, Prof. Chidi Odinkalu; former NBA Treasurer, Aisha Ado-Abdulahi and leading ICT expert, Mr. Basil Udotai.

It is recalled that especially since 2012, NBA National Election have limped from one controversy to another, thereby compromising NBA’s standing towards combating electoral misfeasance in Nigeria.

Akpata had in his inaugural address said: “It is for this reason that I immediately constituted an Electoral Audit and Reforms Committee headed by Ayo Akintunde SAN to audit our 2016, 2018 and 2020 elections and to recommend reforms for our electoral systems and processes.

“For me, two things stand out. The first is the need to audit the election that led to our emergence, but which was also characterised by certain glitches that should not be associated with a foremost professional association like ours.”

EMEKA NWADIOKE
Jan 21, 2022
872
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‘WE WANT REPORT ON TORTURE, SARS,’ SAY UN

The United Nations has called on the Federal Government to provide, by 3 December 2022, information on its follow-up to the Committee’s recommendations in its latest report on torture in Nigeria.

According to the global body, the information should dwell on “allegations of torture, ill-treatment, arbitrary detention and excessive use of force, in particular by SARS.”

In its latest report on Torture in Nigeria, the UN Committee against Torture (CAT) also sought information on pretrial detention and overcrowding; the national preventive mechanism; and gender-based violence. “In the same context, the State party is invited to inform the Committee about its plans for implementing within the coming reporting period, some or all of the remaining recommendations in the concluding observations,” said the Torture Committee.”

Turning to “Redress, including compensation and rehabilitation,” the UN Committee against Torture welcomed sections 6 and 9 of Nigeria’s Anti-Torture Act that stipulate access to legal assistance and right to claim compensation for torture and ill-treatment, “and the part 32 of the Administration of Criminal Justice Act 2015 that provides for costs, compensation, damages and restitution for victims of crime.”

It however “regrets the lack of information on the actual application of those provisions, including the data on victims of torture and ill-treatment who have obtained redress thus far. The Committee also regrets the lack of information whether victims of torture had received medical or psychosocial rehabilitation, in addition to compensation, and whether specific rehabilitation programmes have been established for them (arts. 2 and 14).”

The Committee urged the Federal Government to “Ensure that an explicit provision in the Anti-Torture Act allows victims of torture and ill-treatment to obtain redress, including the means for as full a rehabilitation as possible, as set out in its general comment No. 3 (2012),” and

“Establish rehabilitation programmes for victims of torture and ill-treatment, in cooperation with specialized civil society organizations, for example through mandating judicial panels operating across the country, and allocate resources to implement such programmes.”

Speaking on the follow-up procedure, the Committee “invites the State party to consider making the declarations under articles 21 and 22 of the Convention and to ratify any core United Nations human rights treaties to which it is not yet party.”

It also urged the Federal Government to “disseminate widely the report submitted to the Committee and the present concluding observations, in appropriate languages, through official websites, the media and non-governmental organizations and to inform the Committee about these activities.”

On the continued default by Nigeria on its reporting obligations to the Torture Committee, the CAT urged Nigeria “to comply with its reporting obligations under article 19 of the Convention and to submit its report, which will be considered its second, by 3 December 2025. To that end, the Committee invites the State party to accept, by 3 December 2022, to prepare its report under the simplified reporting procedure, whereby the Committee will transmit to the State party a list of issues prior to reporting. The State party’s response to that list of issues will constitute its second periodic report under article 19 of the Convention.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

CAT_C_NGA

EMEKA NWADIOKE
Jan 21, 2022
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GADZAMA C’TE URGES LAWYERS TO REPORT HARASSMENT BY SECURITY OPERATIVES

The Nigerian Bar Association (NBA) Securities Agencies Relations Committee (NBA-SARC) has urged lawyers to report cases of harassment and intimidation to the committee for immediate redress.

In a press statement made available to CITY LAWYER, the committee urged lawyers “who have or are been unjustly intimidated, harassed, humiliated or subjected to unwarranted hardship in the course of interaction with any security agency” to report to the committee.

The committee also called on security operatives and the general public “to give the needed moral support and lend their voices and resources where needed, to this noble cause of public interest.”

Speaking on the determination of the committee to stem the malaise of incessant harassment of lawyers by security operatives, the Chairman of the committee, Chief Joe-Kyari Gadzama SAN said: “We neither have guns, machetes nor sticks, but we have the power of persuasion as this Committee is tasked with building bridges and not walls between legal practitioners and the various security agencies….”

Below is the full text of the statement.

PRESS STATEMENT BY THE NIGERIAN BAR ASSOCIATION – SECURITY AGENCIES RELATIONS COMMITTEE (NBA-SARC) ON ITS MANDATE

The NBA – Securities Agencies Relations Committee (the Committee) constituted by the NBA President, Mr. Olumide Akpata at the National Executive Council meeting of Thursday, December 16, 2021 was inaugurated on Friday, January 7, 2022, with the following underlisted distinguished legal practitioners as executives and members thereof:
1. Joe-Kyari Gadzama, SAN, MFR, OFR. (Chairman) – 08022231999
2. Alex Muoka (Alternate Chairman) – 08033009242
3. Marian Jones (Secretary) – 08033479752
4. Taiwo Lakanu (DIG Rtd.) (Member) – 08037160989
5. Mohammad I. Tsav (Member) – 07035653513
6. Valentine Odili (Member) – 08035047498
7. Adanna Lynda Uba (Member) – 08032925119
8. Chief M. A. O. Iyamanbhor (Member) – 08037204923
9. Julie Ariahu (Member) – 08023411581
10. Salman Alhaji Salman (Member) – 08037252757
11. Nnaemeka Emmanuel Otagburuagu (Member) – 08039566682
12. Peter Chukwunyelu Ikebuaso (Member) – 08033133739
13. John Aikpokpo-Martins (Member) – 08023063841
14. Rabiah A. Hassan (Committee Liaison Officer) – 08063579840

Following the recent surge in cases of maltreatment of legal practitioners by security operatives whilst discharging official duties and obligations to clients, the Olumide-led administration of the NBA, saw the urgent need for an interface comprised of legal practitioners with a rich background and prime networking within security agencies, to work in close liaison with all security agencies across the country. This urgency and relevance, necessitated the establishment of the Committee.

The security agencies which the Committee shall interface with shall include but not limited to the following: the Nigerian Police Force, the Economic and Financial Crimes Commission, the Independent Corrupt Practices and Other Related Offences Commission, the Nigerian Army, the Nigerian Navy, the Nigerian Air Force, the Nigeria Security and Civil Defence Corps, the Nigeria Immigration Service, the Nigeria Customs Service, National Intelligence Agency, State Security Service, Defence Intelligence Agency, etc.

The Committee, which was inaugurated with the following underlisted terms of reference, will regularly meet virtually, and physically as exigencies may demand, to share ideas, brainstorm and implement feasible action-plans towards achieving its mandate:

1. Formulate policies to be implemented by the NBA (whether alone or in collaboration with other stakeholders) that will deal holistically with the risk posed to Nigerian lawyers by security agencies.

2. Collaborate with the relevant security agencies to promote and advance a mutually beneficial relationship between the said agencies and lawyers in Nigerian.

3. Develop and promote proper protocols for engagement with security agencies by lawyers, in the course of carrying out their professional duties.

4. Work with the various branches of the NBA to achieve, at the branch level, objectives that are similar to those set out in these terms of reference.

5. Promptly intervene in cases of harassment, unlawful detention, intimidation, etc. of lawyers (in the course of carrying out their professional duties) by security agencies.

6. Carry out any other function that may be assigned to the Committee by the President or the National Executive Council; and

7. Make recommendations to the NBA President as appropriate and carry out such other functions that are consistent with the foregoing or which are necessary to achieve the mandate of the Committee.

The Chairman, Joe-Kyari Gadzama, SAN speaking on behalf of the Committee at the inaugural meeting, assured the NBA, that in piloting the affairs of the Committee, he would ensure that the Committee deploys resources in persuading security outfits to work together harmoniously towards achieving a free and fair society. In his exact words: “…We neither have guns, machetes nor sticks, but we have the power of persuasion as this Committee is tasked with building bridges and not walls between legal practitioners and the various security agencies…”.

The Committee has begun setting modalities, and thus, open to receiving recommendations towards ensuring a more harmonious and improved working relationship between members of the Nigerian Bar and the Security Agencies in the country. The Committee wishes to inform all Members of the NBA, security personnel and other stakeholders of proposed courtesy visits to the various aforementioned security agencies to establish strong ties and educate as well as train members of these agencies in dealing with issues which concern or involve members of the legal profession.

The Committee therefore calls on legal practitioners, security operatives and the general public to give the needed moral support and lend their voices and resources where needed, to this noble cause of public interest.
Members of the Nigerian Bar who have or are been unjustly intimidated, harassed, humiliated or subjected to unwarranted hardship in the course of interaction with any security agency, are enjoined to report same to the Committee via the telephone numbers of the Committee members highlighted above.
The official communication channels shall include helplines, Whatsapp numbers, Facebook, LinkedIn, Twitter, Telegram and Instagram which will be published in due course.

Dated this Thursday, January 20, 2022.

__________________________ _________________________________________
Marian Jones, Esq. Joe-Kyari Gadzama, OFR, MFR, SAN
Secretary Chairman

EMEKA NWADIOKE
Jan 18, 2022
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‘WE’RE ALARMED AT GENDER-BASED VIOLENCE BY BOKO HARAM, OTHERS,’ SAYS UN

The United Nations has raised an alarm over widespread sexual and gender-based violence inflicted by Boko Haram.

In its latest report on Torture in Nigeria, the UN Committee against Torture (CAT) also expressed concern over allegations of sexual violence against women and girls committed by the Civilian Joint Task Force (CJTF) officers.

According to the report, while the Committee welcomed the adoption of the Violence against Persons (Prohibition) Act (VAPP), it “regrets that it is not applicable in all states yet. It takes note of other administrative interventions of the State party, including declaration of the state of emergency by the governors on gender-based violence, the establishment of gender-based units by the Ministry of Justice, and creation of sexual and assault referrals centres.”

Turning to sexual violence, the CAT said it “remains alarmed by the ongoing widespread sexual and gender-based violence inflicted by Boko Haram and the lack of protection from the reported kidnappings of girls and boys by armed groups between 2014 and 2021,” adding that “The Committee is seriously concerned at the allegations of sexual violence against women and girls committed by CJTF officers, in particular in Bama Hospital and Secondary School camps, and sexual exploitation and abuse in the state-run camps for internally displaced, informal camps, and local communities in Maiduguri, Borno State, and across the northeast.”

On female genital mutilation, the UN Committee said it is “alarmed” that the practice continues to be practised “without any effective steps taken by the State party to eliminate it. It is also concerned at the high rate of maternal mortality often resulting from rape, impeded access to contraception and the criminalization of abortion, except for the purpose of saving the life of the mother, as it pushes women into illegal and unsafe abortions endangering their health and lives (arts. 2, 12–14 and 16).”

On the way forward, the Committee urged the Federal Government “to continue its ongoing efforts to combat all forms of sexual and gender-based violence, especially those cases involving actions or omissions by State authorities or other entities which engage the international responsibility of the State party under the Convention.”

It however stated that the government should “Strengthen efforts to enact the Violence against Persons (Prohibition) Act in its whole territory;

“Take effective steps to protect internally displaced persons, especially women and girls, to prevent and eradicate female genital mutilation and provide protection measures for girls at risk, and ensure effective investigations into all cases of gender-based violence by State and non-State actors, prosecutions and redress to victims, including adequate compensation and access to medical services and counselling, and provide details on those case,” and
“Ensure access to comprehensive sexual and reproductive health services and decriminalize the voluntary termination of pregnancy in cases where carrying a pregnancy to term would cause the woman considerable suffering, where the pregnancy is the result of rape, and where the pregnancy is not viable.”

On death penalty, the Committee noted the 2003 recommendation of a national study group on moratorium of death penalty and the “alleged absence” of executions since 2016, but “regrets that death sentences continued to be pronounced in 2019 and 2020.”

It also noted the enactment of the Nigerian Correctional Service Act, in particular section 12(2)(c) that provides for commutation of death to life sentence for prisoners who have spent more than 10 years on death row as well as periodic reviews carried out by the Presidential and State Committees on Prerogative of Mercy.

The Committee however “regrets the lack of official number of persons on death row – some reports estimate 2,700 – as well as details on application of the commutation provision and pardons granted in the whole territory. The Committee is distressed by reports that capital punishment can be imposed in twelve states under sharia jurisdiction for offences, such as adultery, apostasy, witchcraft, or sexual relations between same sex persons, among others, including on juveniles, due to the vague definition of the child by puberty, despite the State party’s statement that death sentence cannot be imposed on person younger than 18 years of age (art. 16).”

To curb the malaise, the Committee urged the Federal Government to “Prohibit immediately the death penalty for all persons under the age of 18 in compliance with federal law, including in the states under sharia jurisdiction.”

It also urged the government to “Commute all death sentences already handed down to prison sentences as provided by the Nigerian Correctional Service Act; consider declaring an official moratorium on the death penalty for all crimes in law in the whole territory; consider ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights; and, provide details on commuted sentences and granted pardons.”

The UN Committee said it “is deeply concerned about the prevalent use of corporal punishment of children in private settings, such as home and other alternative care, provided for in law (section 295 of the Criminal Code applicable in the southern states and section 55 of the Penal Code in northern states).”

On the Child Rights Act 2003, the Committee regretted that it “has not been transposed in the legislation of all states. The Committee notes particularly the sections 11 and 221(1)(b) of this Act, the former prohibiting torture and ill-treatment and the latter corporal punishment for criminal offences. It is distressed by reports that the former provision is not interpreted as prohibiting corporal punishment of children in the aforesaid settings and that corporal punishment on persons under the age of 18 as a sentence for crime can be still imposed in states under sharia jurisdiction (arts. 1, 2, 4, 11 and 16).”

It urged the Federal Government to “Take further steps to enact the Child Rights Act 2003 in the whole territory, align the interpretation of its section 11 with the international standards, and explicitly prohibit in law and practice the corporal punishment of children in all settings, through acts or omissions by State agents and others who engage the State’s responsibility under the Convention, as a sentence for a crime or for disciplinary purposes.”

The government should also “Promote positive non-violent forms of discipline as an alternative to corporal punishment and conduct public awareness-raising campaigns about the harmful effects of corporal punishment, including of children.”

On impunity, the Committee against Torture noted the “great scale” of allegations and complaints of torture, ill-treatment and gender-based violence by non-State actors and State officials, including police, SARS, military and CJTF, that have been made, “the reports that the police oversight mechanisms, including the Police Service Commission and the National Human Rights Commission, remain ineffective, and the fact that numerous commissions of inquiries and panels at federal, state and military level were established to no avail, the Committee is deeply concerned at the lack of accountability due to a limited number of reported disciplinary measures and criminal prosecutions, which contributes to an environment of impunity (arts. 1, 2, 4, 11-13 and 16).”

It urged the Federal Government to “carry out prompt and effective investigations vis-à-vis the allegations of abuses committed by State and non-State actors.” The government should “Provide comprehensive information on precise disciplinary and criminal punishments handed down against police, SARS, CJTF and military suspected or convicted of engaging in torture, ill-treatment, extrajudicial killings, arbitrary detentions, among others, as well as against non-State actors;

“Take immediate measures to ensure the operationalization of effective and independent police oversight mechanism;

“Ensure that the judicial commissions or boards of inquiries are not merely established and used to replace proper criminal justice processes and ensure that there is no institutional or hierarchical relationship between the body’s investigators and the suspected perpetrators of such acts;

“Ensure that, in cases of alleged torture or ill-treatment, suspected officials are suspended from duty immediately for the duration of the investigation, to avoid the risk that they might otherwise be in a position to repeat the alleged act, commit reprisals against the alleged victim or obstruct the investigation,” and

“Ensure that training on the provisions of the Convention and the absolute prohibition of torture is mandatory for law enforcement and security forces personnel, prison staff, medical personnel, judges, prosecutors and lawyers and that the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) is made an essential part of the training.”

EMEKA NWADIOKE
Jan 15, 2022
1.26k
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LAWYER SENDS SOS TO FEDERAL HIGH COURT

In this article by MR. IBRAHIM LAWAL, Head of Chamber, Olujinmi & Akeredolu of the Law Hub, Ibadan, he chronicles the challenges faced by lawyers due to the transfer of a Federal High Court jurist from Ibadan and urges the court to redress the issue

FEDERAL HIGH COURT IBADAN AND THE DIFFICULTY IN GETTING JUSTICE

The Federal High Court which started as a revenue court has assumed an important role in our judicial system by virtue of the exclusive jurisdiction donated to it in our Constitution. Only the Federal High Court can adjudicate on matters enumerated in Section 251 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, and by virtue of which Federal High Courts were created in each state of the Federation for easy access to justice.

However, in creating those Courts, certain states were recognized as hubs of commercial activities, which made the authority to create more than a court room in such States. For instance, Lagos State can boast of more than ten court rooms while Ibadan was allocated two which in itself is grossly inadequate!

The Federal High Court Ibadan over the years have been manned by two Judges until about a year now when Hon. Justice Malik was transferred to Abeokuta division of the court, the court is now being manned by only one Judge. The judge in actual fact is hardworking but the cases in his Lordship dockets are overwhelming.

All the cases assigned to Justice Malik court have suffered permanent adjournment with dire consequences on lawyers and litigants alike. What is more, the cases at the Federal High Court are business oriented cases which should not for any reason be delayed.

A colleague of mine is facing a serious crisis of confidence with his client simply because he could not secure an order because his application was assigned to the court without a judge! The matter has to do with transactional issue and because of that failure, the company’s account has been blocked! This is just one example of so many of our colleagues that have suffered because of the absence of a presiding Judge in the other Court.

Do we mention the criminal cases that have been pending and the Defendants languishing in detention because the court has not been sitting?

This state of affairs at the Federal High Court Ibadan is no longer bearable for us as lawyers and we beseech the Chief Judge of the Federal High Court, to as a matter of urgency make available a Judge for this Court.

We trust this appeal will be given the attention it deserves and hope that the new year will be better than the last.

EMEKA NWADIOKE
Jan 15, 2022
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GUY IKOKWU: 61 YEARS A LAWYER

Prominent senior lawyer and Second Republic politician, Chief Guy Ikechukwu Ikokwu who died last Wednesday was admitted to the Bar 61 years ago. A fiery activist and elder statesman, Chief Ikokwu would be remembered for his fiery interventions on national issues. CITY LAWYER dug into the archives for his profile which is presented below.

Date of Birth: Tuesday (Eke) 28′” September, 1937
State of Origin: Anambra Local Government Area: Idemili South
Village/Town: Oba
Contact Address: ‘Isu Lodge’ Oba Idemili South L.G.A
4, Ezinifitte Close, New Haven Enugu 10 Johnson Street, Surulere, Lagos Contact
Telephone: 234-1-2882099, 234-42-451463

Chief Guy Ikechukwu Ikokwu is top Legal Icon, a grassroot motivator and mobilizer, a decent politician and strong builder of relationships. Guy is known for his organising ability and as a man who is able to hold forces together and cement relationships for greater collective and individual achievement. Guy descended from an ancestry background with gifts to build up community solidarity and progress. His father was a powerful tool of unity and under whose leadership many Igbo people rallied together for unity in Port Harcourt of the Colonial days.

Education
• St Cyprian’s Primary School Port Harcourt 1943 1950
• Baptist High School Port Harcourt 1950 1956
• Norwich Polytechnic London. 1957
• North Western Kentish Town London 1957- 1958
• Holborn College of Law London, 1958 1959
• University College London
• Institute of Advanced Legal Studies, London University 1961 1962
• Concurrently at School of Oriental and African Studies (SOAS) University of London Qualifications
• LLB (lions) London
• LLM, London
• BL of the Middle Temple London

Membership of Professional Associations
• Member, Nigeria Society of International Law
• Member Nigeria Bar Association – Financial Secretary of the Association 1975 1977

Political Exploits
• Student Activist and Member of Movement for Colonial Freedom under Late Lord Fenner Brookway 1950 1960
• Member and later President in 1960 of Nigeria Union of Great Britain and Ireland. London Branch Life President West African Student’s Union Britain 1961 1963 Member and Officer of Committee for African Associations – a Pan-African Movement for the Liberation of Unity of African Countries 1960 1963 Director of Overseas Press Service (OPS) 1967 1970 as a way to protect his people and project their view points during the gruesome war against them.
• Founding Member and National Legal Adviser of Nigerian People’s Party- NPP and became its Stale Chairman in the old Anambra State 1980-1983
• Member of Steering Committee of All Politicians’ Summit which culminated in the Summit of 1995. He was also a Member of G. 34 Association for the Restoration of Democracy and against self-succession of Sani Abacha in 1998
• He formed with a group of others the People’s National Forum (PNF) which eventually joined other groups to form the big People Democratic Party-(PDP) and subsequently became its Lagos Co-ordinator. Became a member of the Steering Committee of the PDP Anambra State in 1998 and in 1999. he became once again, the State Chairman of the Party .
• A Peace-loving gentleman who will stop at nothing to achieve that, he was the founding member of the Committee for the Unity and Understanding (CUU). This was to build a bridge across the Niger and Benue Rivers for better (1986-1999)
• Member of OHANA EZE NDI-IGBO – a socio-cultural association of Ndi Igbo for awareness and unity and advancement.
• A founding member of IZUNWANNE FOUNDATIONS – the Cultural Association to foster a better Nigeria Polity 1990 1999.
• At various times, he had been a founding member of Southern Leaders Forum for harmonization of issues of concern in Nigeria Polity and Promotion of Democracy and True Federalism and NADECO 1995.

Business Links
• A member, Board of Directors Aba Textile Mills Plc, 1976 and 2000
• Chairman of Governing Council of Federal College of Education, Obudu, Cross River Stale Nigeria

He is honoured with the title OMENIFE. This great and clean politician is married with four children.

SOURCE: Blerf’s Who is Who in Nigeria https://blerf.org/index.php/biography/ikokwu-guy-ikechukwu/

EMEKA NWADIOKE
Jan 15, 2022
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‘SHONEKAN WAS A MAN OF HONOUR, ZEAL,’ SAYS GADZAMA

The Chairman of the Nigerian Bar Association (NBA) Security Agencies Relations Committee has described the late Head of the Interim National Government, Chief Ernest Shonekan (GCFR) as a “formidable elder statesman,” adding that he was a “man of great honour and zeal who during his short lived tenure as the Interim Head of State recorded great strides and made remarkable contributions to the development of the idea of a democratic government in Nigeria.”

In a condolence message made available to CITY LAWYER, the pioneer Chairman of NBA Section on Public Interest and Development Law (NBA-SPIDEL) said that “Foremost of all his qualities was his humility and service to the nation. Indeed, his deeds reveal that he was a man with deep love for Nigeria. “

Below is the full text of the statement.

With great sadness, I mourn the death of the formidable elder statesman, Chief Ernest Shonekan, GCFR who served as the Head of the Interim Government of Nigeria in 1993. He was a man of great honour and zeal who during his short lived tenure as the Interim Head of State recorded great strides and made remarkable contributions to the development of the idea of a democratic government in Nigeria. Foremost of all his qualities was his humility and service to the nation. Indeed, his deeds reveal that he was a man with deep love for Nigeria.

I had the pleasure of working with the elder statesman for a period of 4 years at the Infrastructure Concession Regulatory Commission (ICRC) where I chaired the Compliance Committee. During my time with him, I picked up fundamental principles of life which I have applied in my relationships with people on a daily basis. It would interest you to know that his first task for my committee was to draft a Code of Ethics for all board members and management staff of the Infrastructure Concession Regulatory Commission to act as a guide for their conducts. This confirmed the elder statesman as someone who appreciated the principle of discipline in life.

Due to his reputation as a respected elder statesman, I invited him to chair my 50th Birthday Celebration on the 28th of November, 2011 at the Abuja Sheraton Hotel and Towers. I was very elated when the elder statesman honored my invitation to chair this occasion and went as far as paying me a personal visit at my residence in Asokoro, Abuja. This memory remains evergreen in my heart. I also recall my doubt when I saw him walking on the streets of London and he beckoned on me to confirm that he was the one. Once again, his humble nature came to play in our encounter in London.

On behalf of myself, my family and the entire staff of J-K Gadzama LLP, I express my deepest condolences to Chief Ernest Shonekan’s widow, Margaret Shonekan, his entire family and the entire nation as we have lost not only a Nigerian but a National Icon who during his lifetime believed in the strength of this country as a nation.

EMEKA NWADIOKE
Jan 15, 2022
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UN ASKS RIGHTS COMMISSION TO PROBE 27,858 TORTURE CASES

The United Nations Committee against Torture has urged the National Human Rights Commission (NHRC) to investigate 27,858 complaints of torture in Nigeria.

Noting that the commission “has mandate to visit places of deprivation of liberty, receive complaints, conduct investigations and award compensation and request enforcement of its decisions,” the UN Committee commended the commission for its “active involvement in advisory, training, advocacy activities and participation in several investigative panels.”

The Committee in its latest report on torture in Nigeria however noted “the lack of information provided on the follow up to 27,858 complaints on torture and ill-treatment the Commission received between 2019 and 2020, compensations awarded and enforced, and cases communicated to the attorney general at federal and states level for further prosecution.” It also expressed concern at the inadequacy of resources allocated to the commission.

Pointing the way forward, the Committee urged the Federal Government to “Strengthen its office so that it can effectively carry out its mandate in all parts of the country, and provide it with adequate human, financial and institutional resources, in line with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles);

“Ensure that it handles complaints of torture and ill-treatment promptly and effectively and reports publicly and regularly on the outcome of the cases and compensations awarded,” and

“Clarify the coordination with the National Committee against Torture concerning the visits of places of detention, avoid overlap, if any, and strengthen the referral mechanism of complaints.”

On the government’s counter-terrorism measures, the Committee “appreciates the State party’s commitment to adopt measures to fight against impunity with an increased focus on Boko Haram’s crimes, made during the universal periodic review in 2018 (see A/HRC/40/7/Add.1).”

It however expressed concern “at the continuous degrading security environment owed to the systematic attacks by non-State armed groups as well as farmer-herder clashes, resulting in around 2.9 million of internally displaced persons in the northeast, and the reported use of children as fighters or wives by Boko Haram. In addition, the Committee is equally concerned at the numerous allegations of extrajudicial killings, torture, enforced disappearances and sexual violence by military and the CJTF in the course of the security operations, as highlighted by the Special Rapporteur on extrajudicial, summary or arbitrary executions in 2021 (A/HRC/47/33/Add.2, paras. 38-39).”

The UN Committee noted that despite establishment of the Special Board of Inquiry and Presidential Investigation Panel to Review Compliance of the Armed Forces with Human Rights Obligations and Rules of Engagement in 2017, “the Committee regrets the lack of information on conducted investigations and prosecutions, their outcome, and redress of victims.”

The Committee said it is “troubled” by the reports of arbitrary and incommunicado detentions, including women and children removed from or allegedly affiliated with non-State actors, deaths in military-run camps for displaced people across Borno State in 2015 and 2016, the 2017 bombing of the Rann Camp for displaced persons resulting in at least 160 casualties, deaths and poor conditions in military detention facilities, particularly in Giwa Barracks and Kainji military base and the lack of investigations therein.”

While applauding the action plan to end and prevent the recruitment and use of children signed by CJTF in 2017, the Committee “remains concerned at the reports indicating the use of boys aged between 13 and 17 years by military in support roles in Borno State, in 2019 (arts. 2, 11, 12 and 16).”

The UN Committee urged the Federal Government to “Step up efforts to ensure the safety and security of the population affected by the conflict and to prevent violations of their human rights by any party to the conflict and ensure that military and CJTF respect instruments on human rights and international humanitarian law and cease detaining women and children on arbitrary grounds;

“Take measures to increase transparency of the investigations, including publishing findings of above-mentioned panels, and continue conducting prompt, impartial and effective investigations into allegations of abuses committed in the context of counter-terrorism operations, both by non-State and State actors, particularly military and CJTF, prosecute and punish those responsible, and ensure the victims access to effective remedies and full reparation;

“Ensure that registers of arrests and death in military custody are reviewed by a judicial body, immediately release children held in all military detention facilities and use detention of juvenile offenders only as a last resort and in appropriate facilities,” and

“Continue strengthening efforts to prevent use of child soldiers, ensure that children are not used in support roles by military and investigate such incidents promptly.”

EMEKA NWADIOKE
Jan 12, 2022
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‘MAKE TORTURE C’TE INDEPENDENT,’ UN URGES FG

The Committee against Torture (CAT), a United Nations entity, has urged the Federal Government to ensure that the National Committee against Torture (NCAT) is given legal teeth and becomes an independent body.

While noting Nigeria’s ratification in 2009 of the Optional Protocol to the Torture Convention and its mandate to NCAT to visit places of detention and investigate any complaints of torture, the Committee “regrets” that Nigeria did not notify the United Nations of the designation of any National Preventive Mechanism.

“The Committee further notes that the National Committee against Torture was established by terms of reference rather than a legislative act regulating its functions, mandate, and resources among others,” said CAT. “The Committee is seriously concerned by its lack of legal, operational and financial independence, as it is situated in the Federal Ministry of Justice, and lack proper funding (arts. 2, 11, 13 and 16).”

The Torture Committee then called on the Federal Government to “Take measures to align the functioning of the National Committee against Torture with the Optional Protocol to the Convention and ensure its independence, sufficient staff and adequate resources and budget necessary for it to fulfil its preventive mandate effectively, in accordance with the guidelines on national preventive mechanism of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT/OP/12/5);

“Consider seeking technical assistance from the United Nations, including advice from the Subcommittee on Prevention of Torture on the establishment of the national preventive mechanism, in conformity with article 11 of the Optional Protocol;

“Ensure that all places of deprivation of liberty are subject to effective and regular monitoring visits by an independent body that involves medical personnel, that visits can be conducted without prior notice, that monitors hold confidential, private meetings with persons deprived of their liberty, without any reprisals and report publicly on their findings;” and
“Authorize non-governmental human rights organizations, as well as civil society actors providing health care and education, to undertake monitoring activities at detention centres.”

Turning to pretrial detention and overcrowding, the Committee commended Nigeria’s efforts to address the overuse of prolonged pretrial detention causing chronic overcrowding in detention facilities “through enactment of the Administration of Criminal Justice Act and its section 34 mandating chief judges or magistrates at state level to conduct monthly inspections of police stations and other places of detention within their jurisdiction, other than prisons, inspect records of arrests, direct the arraignment of suspects and grant bail.”

While noting efforts at prison decongestion leading to release of around 2,000 detainees and 160 juveniles and reports on release of around 7,813 prisoners from the correctional centres to reduce overcrowding and control the spread of the COVID-19 pandemic in 2020, “The Committee remains concerned however that around 72 per cent of the prison population is still awaiting trial even after the aforesaid measures. The Committee also understands that detainees can contest the legality of their detention before a judge and can submit a complaint to the National Human Rights Commission, but regrets to note the inefficiency of such system due to the significant delays in access to justice, among others (arts. 2, 11–13 and 16).”

To address these concerns, the Committee against Torture urged the Federal Government to “Ensure that Administration of Criminal Justice Act is properly implemented, the pretrial detention is effectively reviewed, that its duration does not exceed the legally established maximum and is as short as possible, and that its use is exceptional, necessary and proportionate;

“Ensure that pretrial detention is closely monitored by courts;

“Take into account the lessons learned from the federal decongestion program and COVID-19 pandemic and intensify its efforts to significantly reduce detention overcrowding, by making greater use of non-custodial measures, such as parole and early release, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);” and

“Ensure that effective, independent and accessible complaints mechanisms are available to all persons deprived of their liberty and that complaints are promptly, impartially and thoroughly investigated.”

On conditions of detention, the Committee noted Nigeria’s statement on the ongoing reforms of correctional facilities, “but remains concerned at numerous reports of poor material and sanitation conditions of detention that persist in all places of deprivation of liberty, the lack of access to proper medical care, including to persons with transmissible diseases, and inadequate food and water. It is also concerned at the reports of the lack of separation of juvenile inmates from adults, convicted persons from remanded detainees, in addition to detention of pregnant and breastfeeding women and persons with disabilities in general custodial facilities and without access to appropriate health services. The Committee regrets the lack of reliable information on the total number of prison deaths, their cause and follow-up investigations, such as the reported incident in Ikoyi prison in December 2019 (arts. 2, 11 and 16).”

The Committee against Torture urged the Federal Government to improve material conditions in police cells and correctional facilities, “including with regard to the ventilation, access to adequate food and running water and take measures to bring conditions in detention and the operational procedures into compliance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules);

“Put in place systems to separate juveniles from adult prisoners and convicted prisoners from remand detainees, ensure that women are detained in gender-sensitive conditions and children are immediately released from custodial facilities, that inmates with disabilities are held in humane conditions and that prisons are adapted to their needs. Ensure that remanded and convicted persons with intellectual or psychosocial disabilities are transferred from custodial facilities to psychiatric hospitals or appropriate therapeutic settings;

“Provide adequate health services to all prisoners, and particularly those with disabilities, and conduct a thorough and independent medical examination of all detainees, both at the outset of detention and on a regular basis throughout the duration of detention;” and
“Ensure that all instances of death in custody are promptly, thoroughly and impartially investigated, including by means of independent forensic examination. It should also take measures to ensure the allocation of the necessary human and material resources for the proper health care of prisoners, and review the effectiveness of programmes for the prevention of suicide and self-harm, as well as for the prevention, detection and treatment of chronic degenerative diseases and infectious or contagious diseases in prisons. Lastly, the State party should compile and provide detailed information on the cases of death in custody and their causes.”

EMEKA NWADIOKE
Jan 10, 2022
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NBA KADUNA UNVEILS PAYMENT PORTAL FOR DUES

The Nigerian Bar Association (NBA), Kaduna Branch has joined the league of digital branches with the introduction of online payment system for its Branch and Welfare Dues. Following in the footsteps of the national body, the branch has deployed the Paystack payment portal for payment of its dues.

In a press release signed by the Branch Financial Secretary, Diane Odey, it was stated that Branch members can now pay for their Branch Dues using the web link, www.nbakaduna.org/branch-dues while the Welfare Dues can be paid via www.nbakaduna.org/welfare-dues.

While the Branch would adopt the hybrid method by also receiving payment via the Branch Bank Account, Odey further explained that by 2023, payment for the Branch & Welfare Dues will be done only via the online platform.

Speaking on the development, the Branch Chairman, Mr. M. T. Mohammed stated that “NBA Kaduna is one of the few Branches of the NBA that has fully deployed online payment services for its members. We have used it to collect payments for our Law Week and Bar Dinner in the past few years. We are encouraged to continue to use the platform provided by Paystack to ease the payment of Branch and Welfare Dues for our Members.”

According to a statement by the Branch Publicity Secretary, Oguguo Anoruo-Enujekwu, the Chairman noted that online payment also enables the branch to keep proper and accurate records of its financial members. He urged members to take advantage of the online payment method.

It is recalled that the NBA National Executive Committee (NBA-NEC) had at its latest quarterly meeting approved exclusive payment of Bar Practising Fee (BPF) through the Paystack portal.

EMEKA NWADIOKE
Jan 09, 2022
1.03k
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MAGODO: ‘SUPREME COURT JUDGMENT MERELY DECLARATORY,’ SAYS OKUTEPA

Fiery senior lawyer and former Nigerian Bar Association (NBA) Lead Prosecutor, Mr. Jibrin Okutepa SAN has queried the manner of execution of the Supreme Court judgment in the Magodo Shangisha GRA Scheme II, Lagos lawsuit.

Arguing that the judgment was merely declaratory, the senior lawyer said that while judgments of the Supreme Courts are to be given effect by all, “can that judgment be enforced in the manner it was attempted to be done without first positive orders vide fresh action?”

In a post he made today on the CITY LAWYER WhatsApp forum, Okutepa argued that the “legal confusion” was caused “by the manner the reliefs granted by the Supreme Court were couched by the plaintiffs in the case.”

His words: “First the action from what I read was in a representative capacity. Second the reliefs sought and granted by the Supreme Court were declaratory in nature.

“Declaratory judgments are different from other judgments that made positive orders. Declaratory judgment is a judgment from a court that defines the rights of the parties regarding the legal question presented. Declaratory judgments differ from other judgments because they do not order a party to take any action or award any damages for violations of the law.

“Granted that under the Constitution judgments of the Supreme Courts are to be enforced by all persons and authorities in any part of Nigeria, can that judgment be enforced in the manner it was attempted to be done without first positive orders vide fresh action?”

Continuing, he said: “Is that judgment to be enforced in Lagos without the input of the High Court of Lagos State whose judgment was affirmed by the Court of Appeal and the Supreme Court? Can we indeed say that that judgment was judgment of the Supreme Court or the Judgment of the High Court of Lagos State as affirmed by the Appellate Courts?”

It is recalled that the Lagos State Government has been engaged in a face-off with the Attorney-General of the Federation, Mr. Abubakar Malami SAN on the enforcement of the Supreme Court judgment on the Magodo Shangisha GRA Scheme II, Lagos. This led the Lagos State Government to engage the judgment creditors in a negotiation towards finding an amicable resolution to the crisis.

EMEKA NWADIOKE
Jan 09, 2022
663
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Comments Off on #ENDSARS: ‘WE’RE CONCERNED ABOUT SARS, MILITARIZATION OF POLICING,’ – UN C’TE

#ENDSARS: ‘WE’RE CONCERNED ABOUT SARS, MILITARIZATION OF POLICING,’ – UN C’TE

The United Nations Committee against Torture (UN-CAT) is worried by “militarization of policing activities” by Nigeria through joint operations, saying this was reported during the #ENDSARS protest at Lekki on October 20, 2020 and the lockdown imposed to contain the spread of the COVID-19 pandemic.

The Committee also stated that it is “deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force,” even as it also expressed concern at “reports on the continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

In its latest report on torture in Nigeria, UN-CAT commended “ongoing efforts to reform the police, the enactment of the Police Act and the revision of the Police Force Order 237 incorporating international standards,” but stated that it is concerned at reports of excessive use of force, “including lethal force by shooting leading to extrajudicial killings, during arrests or policing the demonstrations.”

It noted that the “growing militarization of policing activities” led to 38 complaints of extrajudicial killings recorded by the National Human Rights Commission, or other demonstrations having been held in south-eastern states, adding that “The Committee is deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force.”

While noting Nigeria’s commissioning of the National Human Rights Commission to conduct investigations, establishing judicial panels of inquiries at federal and states level, and the disbandment of SARS, the Committee “observes that the judicial panels received reportedly 2,500 complaints on torture and ill-treatment, arbitrary arrests and detentions, and extrajudicial killings, but remains concerned that no reports on investigations have been made public, accompanied by the lack of accountability.”

It noted that some of the panels reportedly stopped sitting due to lack of funding, adding that the “Committee is also concerned at: the use of 2014 legislation by the police against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons to legitimize arbitrary arrest and detention, among others; at reports of arbitrary detention without criminal charge or conviction and ill-treatment of persons with intellectual and psychosocial disabilities in public institutions and private settings, including religious and traditional healing centres; and, ill-treatment inflicted on drug users particularly by members of National Drug Law Enforcement Agency and in the drug rehabilitation facilities (arts. 1, 2, 11-14 and 16).”

The Committee urged the Federal Government to “Ensure that law enforcement and security forces personnel continue to receive training on the absolute prohibition of torture and on the use of force, including the Police Force Order 237, taking into account the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;

“Make the findings of the established judicial panels of inquiries public and immediately investigate allegations of abuses committed by police, SARS officers, and security forces employed in the policing activities, by an independent body and provide disaggregated information on prosecutions, full redress of victims, and resources allocated for that purpose;

“Stop and investigate arbitrary detentions and assaults against persons with disabilities, drug users or LGBTI persons and investigate those incidents, prosecute alleged perpetrators and provide effective remedies to the victims.”

Turning to inadmissibility of confessions obtained under torture, the UN-CAT welcomed legislation prohibiting the admission of confessions obtained under torture (the Anti-Torture Act, the Evidence Act, and the Administration of Criminal Justice Act). It however expressed concern at reports on the “continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

It noted that “Despite the existing legal safeguards, including recording of confessions” or possibility to complain about duress before a judge, “numerous reports highlight that coerced confessions are accepted in practice contrary to the law. The Committee regrets that no solid information has been provided by the State party about the application of these legal safeguards by judges in practice (arts. 2, 10 and 15).”

The Committee urged the Federal Government to “Adopt effective measures to ensure that confessions, statements and other evidence obtained through torture or ill-treatment are not admitted in evidence in practice, except against persons accused of committing torture, as evidence that the statement was made under duress, and that prosecutors and judges ask all defendants in criminal cases whether they were tortured or ill-treated, that all allegations of torture and ill-treatment raised in judicial proceedings in the State party are promptly and effectively investigated and alleged perpetrators prosecuted and punished; Provide information on cases, where this has been applied.”

According to the Committee, the Federal Government should “Ensure that all police officers, national security officers and military, judges and public prosecutors receive mandatory training emphasizing the link between non-coercive interrogation techniques, the prohibition of torture and ill-treatment and the obligation of the judiciary to invalidate confessions made under torture.”

EMEKA NWADIOKE
Jan 07, 2022
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Comments Off on BPF: NBA REVERSES SELF, CANCELS TRANSACTION CHARGES

BPF: NBA REVERSES SELF, CANCELS TRANSACTION CHARGES

The Nigerian Bar Association (NBA) has cancelled the transaction charges payable by lawyers for the annual Bar Practising Fee (BPF).

A statement personally signed by NBA President, Mr. Olumide Akpata, noted that “the leadership of the NBA has resolved that the Association will, as was the case with AGC 2021, bear the transaction charges associated with the payment of 2022 BPF.”

It stated that the controversy generated by the high transaction charges by PAYSTACK was due to a communication gap between the NBA leadership and the service provider, adding that “while the NBA team expected that the 2021 AGC reduced fee and pass-through arrangement would hold sway, the Paystack team, having not received any clear directive in this regard, reverted to the default position which is to debit transaction charges from the purchaser, in this case, members of the Association.”

Akpata reiterated that there was no revenue sharing arrangement between the association and PAYSTACK, adding that “no portion of the transaction fees charged by Paystack is shared with or remitted to the NBA, or any of its officers or members of staff.”

The NBA leadership also said that while alternative payment platforms could be desirable, “this new arrangement of moving BPF payments online only would help the NBA improve its service offering to members, restore confidence in our electoral process and enhance accurate data gathering. The NBA will therefore continue with the online only payment policy.”

It is recalled that former NBA Lagos Branch Treasurer and erstwhile Financial Secretary, Mr. Phillip Njeteneh had in an article in CITY LAWYER chided NBA for the high charges, wondering whether the association retains a portion of the charges.

Below is the full text of Akpata’s statement.

My Dear Colleagues,

Compliments of the season and best wishes for 2022.

Since 1st January 2022 when we fully transitioned to paying our annual Bar Practising Fees (“BPF”) online, there have been numerous complaints and commentaries by some of our colleagues on a number of points. This is certainly not unexpected because transitioning to a new process, no matter how laudable or desirable, typically comes with some challenges, analyses, pushback, and initial resistance. However, as mentioned in one of our most recent notices to you, the NBA is, as it should be, open to considering all views aimed at improving our processes, and generally advancing the interests of our members and the profession. To this end, our publicity team has been responding to many of the issues raised so far and I have thought it appropriate to add to our existing responses as follows:

1. Engagement of Paystack – Paystack has been the NBA Service Provider since 2019, before this administration came on board in August 2020. A fair and transparent process for engaging them was concluded at the relevant time and this administration has continued to utilise their services, which have been quite satisfactory. We utilised Paystack’s services for processing 2021 BPF (online) payments under a hybrid arrangement and also for the 2021 Annual General Conference (AGC) registration.

2. Fees charged by Paystack – with regard to payments to Paystack for their services, in 2020, those who paid their BPF online also paid a transaction fee to Paystack which amounted to circa 2% of the transaction amount. For example, BPF of N25,000 attracted about N482.24 as transaction fee. Similarly, in 2021 (under this administration), those who opted to pay their BPF online paid the same transaction fee to Paystack. This is consistent with the contract signed with Paystack when they were engaged.

3. Bearing Paystack fees for members – with respect to the 2021 AGC for which registration was online only, the NBA was able to work out an arrangement whereby the Paystack transaction fee was not only reduced but was borne entirely by the NBA. As such, all those who registered for the 2021 AGC did not have to bear any direct transaction cost for paying online. Coming now to BPF 2022, which is to be paid online only, while the NBA team expected that the 2021 AGC reduced fee and pass-through arrangement would hold sway, the Paystack team, having not received any clear directive in this regard, reverted to the default position which is to debit transaction charges from the purchaser, in this case, members of the Association.

4. Transaction charges for BPF 2022 – the NBA has been able to negotiate a revised fee of 1.3% with Paystack for their services relating to the 2022 BPF payments. Considering that this year would be the first time when members will be required to pay their BPF online only, the leadership of the NBA has resolved that the Association will, as was the case with AGC 2021, bear the transaction charges associated with the payment of 2022 BPF.

5. Who pays the transaction charges in the future? – Going forward, it will be necessary for our Association to come to terms with the fact that online payment for goods and services has now become the norm, and those who provide the platforms through which we are able to make these payments, do so for a fee. Therefore, at the earliest opportunity, I will table a request before the NBA-NEC to take a view or make a determination on whether such future payments should continue to be borne by the Association or by the members directly.

6. Revenue Sharing with Paystack – the NBA reiterates that no portion of the transaction fees charged by Paystack is shared with or remitted to the NBA, or any of its officers or members of staff. All fees charged by them for the service(s) that they render go directly and solely to them, and the BPF paid by members is channeled by Paystack directly into the Supreme Court of Nigeria BPF Account No: 0000976716 which is held with Access Bank. The insinuations, and indeed allegations, in some quarters, to the effect that there are underhanded payments and kickbacks with respect to the transaction fees are most unfortunate.

7. Increase in BPF – to be sure, payment of transaction charges is incidental to making online payments (whether they be BPF, taxes, statutory payments, bank transfers, etc.). Such payment is not an increase in BPF as has been suggested by some of our members.

8. A dual payment system – there have been suggestions that the NBA should allow members the option of either paying their BPF online or making cash deposits at the bank. Interestingly, such hybrid system of BPF payment has existed at the NBA for at least two years, but it has proven to be inefficient to a large extent. Experience has shown that this arrangement has affected our record keeping and the integrity of some of our processes including accurate database of lawyers, NBA voters register, easy processing of stamp and seal, etc. and we are committed to eliminating these inefficiencies. So, besides the convenience for our members and the fact that electronic payment is desirable and consistent with global trends, this new arrangement of moving BPF payments online only would help the NBA improve its service offering to members, restore confidence in our electoral process and enhance accurate data gathering. The NBA will therefore continue with the online only payment policy.

9. Alternative service providers – there have been requests for the NBA to engage alternative or multiple service providers so as to allow our members choose the platform on which to make payments. While we remain satisfied with the current service offering, we will certainly consider this request in due course. The first quarter of each year is the peak period for payment of BPF by our members and we have been advised by our technical team that any consideration of alternatives to the existing platform will be best done when the high traffic abates in order not to disrupt the smooth operation of the system.

I thank you for your attention.

Sincerely,

OLUMIDE AKPATA
President
Nigerian Bar Association

EMEKA NWADIOKE
Jan 07, 2022
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Comments Off on ‘MY FATHER LIVED A FULFILLED LIFE,’ SAYS UBANI

‘MY FATHER LIVED A FULFILLED LIFE,’ SAYS UBANI

Former Nigerian Bar Association 1st Vice President and Chairman of NBA Section on Public Interest and Development Law, (NBA-SPIDEL), Dr. Monday Ubani has said that his deceased father “lived a fulfilled life.”

In a statement made available to CITY LAWYER, the fiery human rights activist said that his father died last Monday, adding that “he will be greatly missed by relations, friends, neighbours, grand-children and his entire community.”

Pa Ubani Egbedubi Nwokocha, popularly known as “Egoro” among peers and friends, died on January 3, 2022 in Lagos. He was aged 101 years.

Confirming the passing of his father, Dr. Ubani, who is also his only son, said that his remains had been taken to Abia, his home state.

Burial arrangements will be announced later by the family.

EMEKA NWADIOKE
Jan 07, 2022
798
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Comments Off on ‘ACJA IMPLEMENTATION GAPS HAMPER SAFEGUARDS,’ SAYS UN TORTURE C’TE

‘ACJA IMPLEMENTATION GAPS HAMPER SAFEGUARDS,’ SAYS UN TORTURE C’TE

The Committee against Torture (CAT), a United Nations entity, has poked holes in the implementation of the Administration of Criminal Justice Act, saying there are “numerous shortcomings” in the implementation of the fundamental safeguards secured by the Act.

In its latest report on torture in Nigeria, the Committee commended the enactment of the legislation, but decried poor implementation which has made the realization of its safeguards a pipe dream.

According to CAT, “While welcoming the State party’s enactment of the Administration of Criminal Justice Act and its commitment to continue strengthening the justice system made during the universal periodic review (see A/HRC/40/7/Add.1), the Committee is concerned that despite the existing legal provisions, the implementation of fundamental safeguards is subject to numerous shortcomings.”

The Committee listed the implementation challenges to include: many instances in which persons are held in police custody beyond the legal time limit of 24 or 48 hours (in contravention to the section 35 of the Constitution and section 62 of the Police Act); the allegations of arbitrary arrests and incommunicado detentions without any contact with the relative or person of their choice and the absence of systematic and consistent use of registers of persons deprived of liberty at all stages of detention and details thereof, and the reports that the arrested persons do not receive routinely information about the reason of arrest and about their rights, including the right to legal representation.

Others are the fact that legal aid is difficult to obtain in practice, despite the establishment of the Legal Aid Council of Nigeria with its underfunded offices in all thirty-six states; the lack of routine audio or video recording of the questioning during the investigation in police custody despite a specific requirement provided for in law, and the absence of an independent medical examination from the outset of detention (art. 2).

The Committee then urged the Federal Government to: Ensure the right of detainees to be brought promptly before a judge, or to be freed, and to challenge the legality of their detention at any stage of the proceedings; Ensure that persons have their deprivation of liberty accurately recorded in registers at all stages of the proceedings and ensure their right to inform a relative or another person of their choice of their arrest or detention, and Ensure that arrested and detained persons are informed immediately of the accusations and charges against them and that they are able to have prompt access to a lawyer or to free legal aid throughout the proceedings, including during the initial interrogation and inquiry, in line with the Basic Principles on the Role of Lawyers and the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.

The Federal Government is also to: Provide the human and financial resources needed to ensure the proper functioning of all local branches of the Legal Aid Council; Ensure that the questioning of persons deprived of their liberty is video recorded, that those recordings are stored in a safe place under the control of oversight bodies and that the recordings are made available to investigators, detainees and their lawyers; Provide necessary technical and financial support to the police stations to facilitate the implementation of this recommendation, and Ensure that detainees have the right to request and obtain medical examination by an independent physician or a physician of their choice and that such medical examination is available without conditions and in full confidentiality promptly upon arrival at a police station, detention centre or prison.

The government is again urged to provide adequate and regular training on relevant legal provisions, monitor the compliance and penalize any failure on the part of officials to comply.

EMEKA NWADIOKE
Jan 04, 2022
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‘NIGERIA HAS TAKEN STEPS TO ENFORCE TORTURE CONVENTION,’ SAYS UN-CAT

The Committee against Torture, a United Nations entity, has commended Nigeria for its “accession to or ratification of” some international instruments since Nigeria’s accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In its latest report on torture, the Committee enumerated some “positive aspects” relating to Nigeria, noting that it “welcomes the accession to or ratification of the following international instruments by the State party.”

The Committee also commended some “legislative and institutional measures” taken by Nigeria to give effect to the Convention.

The international instruments include:

(a) The United Nations Convention against Transnational Organized Crime, on 28 June 2001;
(b) The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, on 28 June 2001;
(c) The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime on 27 September 2001;
(d) International Convention for the Suppression of the Financing of Terrorism, on 16 June 2003;
(e) The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, on 22 November 2004;
(f) The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, on 27 July 2009;
(g) The International Convention for the Protection of All Persons from Enforced Disappearance, on 27 July 2009;
(h) The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, on 27 July 2009;
(i) The Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict, on 25 September 2010 and 27 September 2012 respectively;
(j) The Convention on the Rights of Persons with Disabilities and its Optional protocol, on 24 September 2010;
(k) The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, in 2011;
(l) The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), in 2012.

Among the “legislative and institutional measures” taken by Nigeria to give effect to the Convention are:

(a) The Child Rights Act, in 2003;
(b) The African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, in 2004;
(c) The Evidence Act, in 2011;
(d) The National Human Rights Commission Act, in 2010;
(e) The Terrorism (Prevention) Act, in 2011;
(f) The Legal Aid Council of Nigeria Act, in 2012;
(g) The Administration of Criminal Justice Act, in 2015;
(h) The Violence against Persons (Prohibition) Act, in 2015;
(i) The Anti-Torture Act, in 2017;
(j) The Nigerian Correctional Service Act, in 2019;
(k) The Nigerian Police (Establishment) Act, in 2020;
(l) The Judicial (Financial Autonomy) Act, in 2020;
(m) Fundamental Human Rights Enforcement Procedure Rules, in 2009;
(n) The action plan to end and prevent the recruitment and use of children, in 2017
(o) The national action plan for the promotion and protection of human rights and strategic work plan 2019-2022;
(p) The establishment of the Administration of Criminal Justice and Reforms Department.

EMEKA NWADIOKE
Jan 04, 2022
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NBA ADMITS BPF CHARGES ARE HIGH, SAYS LAWYERS WILL GET REFUND

The Nigerian Bar Association (NBA) has admitted that the charges being levied by Paystack for its services on the dedicated BPF Online Payment Platform “are relatively on the high side.”

The Olumide Akpata-led NBA has also vowed to engage the service provider for a downward review of the charges which currently range between N177 to a maximum of N863 for SANs and Benchers, adding that lawyers who already paid the high charges would be refunded.

In a statement by the NBA National Publicity Secretary, Dr. Rapulu Nduka, the bar association indicated that Paystack may have hiked the charges without its consent, noting that “It was our understanding that the fees chargeable on the payment of 2022 BPF would not be different from what was paid last year.”

The association stated that it has started engaging Paystack for a downward review of the charges and that once a resolution is reached, “the charges will be reduced and those lawyers who already paid the higher sum will receive a pro rata refund of the charges paid.”

Below is the full text of the statement made available to CITY LAWYER.

BAR PRACTISING FEES – NBA’S POSITION AND NEXT STEPS ON TRANSACTION COSTS ASSOCIATED WITH ONLINE PAYMENTS

Dear Colleagues,

The leadership of the Nigerian Bar Association (NBA) has read several commentaries, and also received numerous calls, regarding the costs charged by NBA’s long-standing service provider (Paystack) for settling transactions on the BPF Online Payment Platform.

To be sure, the common theme of the complaints is that the transaction costs are exorbitant and need to be reviewed downwards. We have taken on board all the complaints and now respond as follows:

1. The leadership of the NBA is open to all criticisms aimed at advancing our common cause, improving our processes/systems, protecting the interests of our members and overall, moving our profession forward. The NBA therefore welcomes and appreciates the concerns that have, so far, been expressed on this issue.

2. For the avoidance of doubt, there has been no increase in the amount payable as BPF. The transaction costs (ranging from a floor of N177 to a maximum of N863 for SANs and Benchers) that members are charged when they pay their BPF online are wholly and exclusively due to Paystack for its services. No portion of those costs are shared with, or remitted to, the NBA.

3. Indeed, upon our review of the fees charged by Paystack for similar transactions in the past, such as payment of 2021 BPF and payment of fees for the 2021 NBA-AGC, the leadership of the NBA agrees that the current charges are relatively on the high side. It was our understanding that the fees chargeable on the payment of 2022 BPF would not be different from what was paid last year.

4. On the basis of the above, the NBA has started engaging with Paystack to review the charges downwards. This engagement has however been impacted by the public holidays albeit we expect that the issue will be resolved shortly.

5. Once this happens, the charges will be reduced and those lawyers who already paid the higher sum will receive a pro rata refund of the charges paid.

We thank you for your understanding.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

EMEKA NWADIOKE
Jan 03, 2022
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BPF: EX TREASURER CARPETS NBA OVER ‘HIGH’ SERVICE CHARGE, URGES REVERSAL

Former Nigerian Bar Association (NBA) Lagos Branch Treasurer, MR. PHILLIP NJETENEH has queried the “high” service charge for online payment of Bar Practice Fee (BPF).

In an article addressed to the NBA leadership, Njeteneh also decried the retention of Access Bank Plc as the sole agent-bank for payment of BPF, arguing that the present framework does not foster the welfarist agenda of the Olumide Akpata-led NBA.

NBA ONLINE PAYMENT CHANNEL & MONOPOLY – A REACTION TO DR. RAPULU NDUKA’s LETTER TO MEMBERS

Dear Dr. Rapulu Nduka
Nigerian Bar Association.

Re: MATTERS ARISING FROM THE RECENTLY LAUNCHED NBA PORTAL FOR PAYMENT OF 2022 BPF & OTHER RELATED ISSUES

Thank you for the letter above to members and thank you for the wonderful job your team under the leadership of our able President have been doing.

However, much as we praise you when you hit the bull’s eyes on our affairs we must at least let you know (even if we choose not to apply the knocks) when you hit us below the belt.

Just as you have brought out the bullet points of the benefits of this monopoly of channel of payment, let me equally echo some observations about this channel of payment which I was hoping to read from your letter above but which I did not see.

For starters, are you aware that there are complaints about the additional charges to payment under this channel?

For many, paying almost #500 additional as charges when there are better and less exorbitant charges available is something they don’t consider welfarist.

These high charges, are they an error like the error of the Senior Advocates/Benchers payment or these are charges that have come to stay?

These exorbitant charges, are they another form of revenue to the NBA to take care of its welfare packages for its members or this is a revenue solely going into the pocket of the service provider?

If this is a case of the former shouldn’t members be informed so they know they are contributing towards their welfare and if this is a case of the latter is that the best welfarist deal for the members & why must members be forced to to go the way of the most expensive?

Monopoly has never been a welfarist tool, instead it’s the opposite. We know you inherited a monopolistic tool in the name of only Access Bank as the sole Bank for payment of BPF after other Banks were dislodged, but continuing with that monopolistic route does not at the end different your welfarist agenda from the monopolistic rule of the past.

Yes it’s good to move with the tide but in moving with the tide your goal is taking your people safely to the shore and not your people floating ashore.

On this BPF collection it’s my humble opinion that your body language and welfarist agenda is that of an open system which allows for competition where service providers outdo themselves to serve us and not we locking ourselves from competition so a single service provider can feed fat on us.

Please let there be several service providers and channels, NBA is to big to be run as a monopoly when it comes to BPF. Let there be more Banks than a single Bank and let each come with its payment system and let members decide which Bank suites them best based on their payment system and ease of doing business. In 2016 NBA Lagos Branch introduced online payment along with direct payment in the bank. At that period the charges about #250 and there was complaint from members but the direct payment was still open.

Another advantage of having a welfarist leadership is that the leadership listens hence I believe you are reading and listening to the complaints members are making just a few hours into the new year, these complaints are not about to fade away, it’s only going to grow louder and larger and you can either prove your welfarist nature and have them resolved within your tenure or you can choose to manage the situation with rhetorics until your tenure comes to an end & it becomes the headache of next team.

Once again, I say well done to your team for how far you have come, there’s more to be done.

Good morning.

I remain

Philips Njeteneh
Just minding my business.

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. The assertions and opinions expressed in articles, announcements and/or news on this website reflect the views of the author(s) and do not (necessarily) reflect the views of the webmaster, the internet provider or CITY LAWYER. CITY LAWYER can in no way whatsoever be held responsible for the content of such views nor can it be held liable for any direct or indirect damage that may arise from such views. CITY LAWYER neither guarantees nor supports any product or service mentioned on this website, nor does it warrant any assertions made by the manufacturers or promoters of such products or services. Users of this website are always recommended to obtain independent information and/or to perform independent research before using the information acquired via this website.

EMEKA NWADIOKE
Jan 03, 2022
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BPF: OJUKWU COUNTERS OKUTEPA, SAYS NBA IS ‘CASHIER’ TO SUPREME COURT

The controversy generated by the query raised by former Nigerian Bar Association (NBA) Lead Prosecutor, Mr. Jibrin Okutepa SAN on the legality of paying Bar Practice Fees via NBA portal may not go away very soon.

Okutepa had in a post he made on a CITY LAWYER WhatsAPP platform argued that there is no legal basis for NBA to receive BPF from lawyers, saying: “where does NBA derive its powers to collect practising from lawyers and direct that payment shall be online through portal created by NBA.”

In this piece made available to CITY LAWYER, former NBA presidential candidate and erstwhile Deputy Director-General at the Nigerian Law School, PROF. ERNEST OJUKWU SAN aligns with the NBA leadership, arguing that the association merely acts as a “cashier” for the Supreme Court in receiving BPF.

Below is the full text of his opinion.

THERE IS NO LEGAL IMPEDIMENT OR DETRIMENT TO NBA ONLINE PRACTICE FEE PAYMENTS
I read the explanation of the Nigerian Bar Association on the payment of Bar Practicing Fee through a mandatory online portal. The NBA explanation was a response to the controversial discussions generated by the issues raised by distinguished member, JS. Okutepa SAN.

There is no legal impediment from the Legal Practitioners Act or any law to the use of NBA online portal for the payment of our practice fee. There is also no detriment except maybe the charge of nearly N500 by paystack for the service which the leadership of NBA should renegotiate urgently to not more than N100.

The legal basis for this position is that no law, including the LPA provides “how” to pay the practice fee. LPA only states “who” to pay to. And that “who” to pay to is not violated by the use of NBA online portal. The NBA explanation on this clearly states that “All BPF payments made through the Online Portal are,… paid directly to an already existing Supreme Court Bar Practicing Fee Account. The NBA, through the Online Payment Portal, only provides a gateway or platform for a seamless payment…” (emphasis mine).

That Supreme Court Bar Practice fee account is managed by the Registrar Supreme Court (and since about 2011 in conjunction with NBA). The NBA online portal does not “receive” money and keep it. The portal is only the CASHIER like the cashier-teller at the bank, who takes the money and hands over to the bank who now keeps the money. In the online system, the portal (cashier) does not even touch or see money. It only receives instructions that requests it to request the movement of money from one bank account to another account- in this case to the Supreme Court Bar Practice fee account.

Many years ago, payment of Bar Practice fee was to Cashiers at the Supreme Court. The Registrar was not given the money in his hand. The payment to cashiers was not provided in the LPA. It was solely based on the fact that the Registrar had delegated the collection of the fee to his staff- cashiers. Later the Registrar now asked banks to provide the cashiers at the Supreme Court. So, we moved from paying Registrar staff who were the cashiers to paying cashiers who worked directly with banks but had their kiosks at the Supreme Court premises. The delegation to bank cashiers was also not provided in the LPA. Then we moved to the next stage of allowing members to go to designated bank and pay directly into the bank account of the Registrar’s Supreme Court Bar Practicing fee account. So instead of travelling to Abuja and to the Supreme Court, members could pay to bank cashiers at the designated bank in any part of Nigeria. That mode of paying directly to the banks is also not in the LPA. In 2019/2020 the last NBA administration achieved the outcome of getting a hybrid payment mode- either by members going to the banks or making online transfer of our bar practice fee. Now we have conquered this low hanging fruit by making it one mode- pay online.

For an online payment to work, the signatory to the account must authorize it. It is therefore clear that the Registrar of the Supreme Court who is the signatory to the Supreme Court Bar Practice Fee account authorized this mode of receiving money by the bank where he keeps our money. Nobody can operate an online payment portal without authorizing it. No bank will operate it unless the signatories authorized it.

NBA does not primarily receive the bar practice fee paid by members except when accounts are reconciled, and the Registrar authorizes the percentage pay over to the Bar as stated in the LPA. That has not changed with the online payment mode.

Over the years the Registrar Supreme Court only prescribed who his cashiers were (are). The Registrar has just decided to make the online portal his cashier. Nothing spoil as we say.

We must commend the Registrar Supreme Court for implementing this best practice and the Nigerian Bar Association leadership and NEC for the bold step on providing a digital payment platform for the profession. This is one of the strongest measures for accountability! I hear that SPIDEL members can only now pay their membership dues online. I hear that NBA Lagos members can only pay their branch dues online. I was at the meeting of NBA Aba branch in September 2021 when they launched their POS for payment. Kudos, but they still need to move to online payment completely. What is happening with the other branches? Please take our branches out of the list of our profession’s weakest link!!!

2nd January 2022
Ernest Ojukwu

EMEKA NWADIOKE
Jan 02, 2022
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Comments Off on NBA REPLIES OKUTEPA, SAYS PRACTICE FEE PAYMENT VIA PORTAL LEGAL

NBA REPLIES OKUTEPA, SAYS PRACTICE FEE PAYMENT VIA PORTAL LEGAL

The Nigerian Bar Association (NBA) has stated that there is nothing illegal in lawyers paying the annual Bar Practicing Fee (BPF) through its portal.

In an apparent response to the charge by fiery senior lawyer, Mr. Jibrin Okutepa SAN that it is illegal to pay the BPF through NBA’s dedicated portal, the association said that payments made through the portal “are in line with the extant laws.”

Speaking on “Legality issues and Supreme Court Ownership” which was the central theme of Okutepa’s post, the NBA in a statement signed by its Publicity Secretary, Dr. Rapulu Nduka, noted that all BPF payments are “paid directly to an already existing Supreme Court Bar Practicing Fee Account,” adding that NBA merely provides a “gateway or platform for a seamless payment experience to enable its members to easily fulfill their statutory obligations.”

Okutepa had in a post he made yesterday on a CITY LAWYER WhatsAPP platform argued that there is no legal basis for NBA to receive BPF from lawyers, saying: “where does NBA derive its powers to collect practising from lawyers and direct that payment shall be online through portal created by NBA.”

He stated that the Legal Practitioners Act mandates only the “Registrar” to collect BPF, saying: “How did we come to the practice of paying our bar practising fees through the portal of NBA? Can somebody guide me? As lawyers, we must not follow the rules without the backing of the law.”

The full text of the NBA statement which was made available to CITY LAWYER reads:

MATTERS ARISING FROM THE RECENTLY LAUNCHED NBA PORTAL FOR PAYMENT OF 2022 BPF AND OTHER RELATED ISSUES

Dear Colleagues,

As you are aware, the Nigerian Bar Association (NBA) recently announced that payment of the annual Bar Practicing Fee (BPF) will from 1st January 2022 be made online only. Indeed, that process commenced yesterday.

Since the full migration to online payments, we have received several calls and messages regarding the legality of the NBA Online Payment Portal; mode of payment for additional NBA Stamps and Seals; issuance of free stamps; issuance of BPF receipts; the possibility of an automated NBA Branch Dues payment and other related matters.

In the light of the above queries, the NBA wishes to clarify as follows:

1. Legality issues and Supreme Court Ownership – All BPF payments made through the Online Portal are, in line with the extant laws, paid directly to an already existing Supreme Court Bar Practicing Fee Account. The NBA, through the Online Payment Portal, only provides a gateway or platform for a seamless payment experience to enable its members to easily fulfill their statutory obligations.

2. Receipt of Payment – In addition to the Paystack evidence of payment issued after payment of the BPF, all members who pay their BPF will receive a proper receipt in their emails/membership portal with details of their payment and other personal particulars. Currently, those receipts are not being sent automatically due to a technical glitch that is being resolved.

3. Payment by SANs and Benchers*- The Online Portal now has a specific link for payment by SANs/Benchers. Going forward, learned Senior Advocates of Nigeria and Benchers are required to pay using that link *only. SANs and Benchers who already paid only N25,000 as their BPF (due to a system error that has now been resolved) will be contacted shortly on how to pay the proper amount.

4. *Branch Dues*- Payment or collection of Branch Dues is entirely within the control of each Branch of the NBA, and payment of the BPF online does not relieve a member of his or her obligation to pay Branch Dues. While discussions will be held with the Branches to consider migrating to an online payment process in order to ease the process for their members, the existing mode for payment of Branch Dues at each branch (including bank deposits) subsists.

5. Free Stamps and other Benefits – the NBA policy of issuing 2 packs of free stamps to members who pay their BPF and Branch Dues as and when due is still subsisting. All other welfare benefits such as life insurance, accident expense cover, critical ailment insurance, permanent disability cover, etc promised by the leadership of the NBA for all financial members are also still in existence.

6. Online payment for additional Stamp and Seal – In the meantime, the leadership of the NBA is also working to provide an online platform for members who wish to pay for additional stamps and seal (after the free ones are issued). The overall idea is to reduce members direct interface with the banks and make the entire process seamless. For the time being, members are advised to rely on the existing manual payment system for additional stamps.

7. Teething problems – As we are all aware, the updated online payment system has only just been launched and it has so far functioned optimally. However, as is typical with new processes and systems, we expect that there may be some challenges and teething problems. If you encounter any challenges with the payment system, we crave your understanding and kindly request that you contact any member of our BPF Payment Helpdesk and they will be happy to assist you.

8. Helpdesk Contacts – If you need any help with the payment process, please contact our Helpdesk as follows:
1. Ezekiel David – 07037000903

2. Wole Efuwape – 08035479443

3. Adewale Adebayo – 08033803724

4. Sime David-West – 08126306930

5. Glory Lawrence – 08036792832

6. Felix Mutua – 07034940105

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

EMEKA NWADIOKE
Jan 02, 2022
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NEW YEAR: ‘HOW I SURVIVED COVID-19, ROBBERIES, NEAR AIR CRASHES,’ BY GADZAMA

The Chairman of the Mentorship Committee of the Body of Benchers (BOB), Chief Joe-Kyari Gadzama SAN has recounted how he survived the coronavirus disease and several other near-death experiences to become a successful lawyer.

In a moving New Year message, Gadzama who was recently appointed Chairman of the Security Agencies Relations Committee (SARC) by Nigerian Bar Association (NBA) President, Mr. Olumide Akpata, attributed his survival to the grace of God, adding that “These are things that when we move forward in life, we tend to forget and stop being grateful to our Creator for, rather, we focus on the negatives in our lives which may, at times, seem to overwhelm the blessings.”

He urged lawyers to count their blessings, saying: “As the new year comes forth, I encourage each and everyone of you to look back through the years to experiences that you are grateful for but might have forgotten. I wish you a fulfilling new year and hope that you live your best life in 2022.”

Below is the full test of the message made available to CITY LAWYER.

As we usher in the year, 2022, it is good to reflect on the experiences one has passed through and give thanks to God for everything whether good or bad that has happened.

2021 has definitely been nothing short of interesting and challenging. For instance, as the COVID-19 pandemic continued to ravage, I remember contracting the virus and ultimately surmounting it by the Grace of God. I also recall that I travelled far and wide, and by divine grace, did not experience any accident on any of my trips.

Not limiting my appreciation to this year alone, at the beginning of each year, I always remember one of the scariest experiences I have ever encountered. This was when I travelled by road from Bama to Maiduguri in Borno State in a saloon cab as far back as 1989. I initially sat on the front passenger seat of the car, but a passenger asked me to shift as I was occupying his space. I immediately obeyed and moved to the rear passenger’s seat, just behind him. Another passenger came and claimed that I was seated on his seat, I then moved to the rear passenger’s seat behind the driver. As we waited for the last passenger to join us, an Elderly person came as the 4th and last passenger but insisted that I move to the middle seat. I reasoned with him and obeyed, and sat in the middle of the backseat.

As we travelled, the car was unfortunately involved in a ghastly accident. The driver and all the passengers were called to meet the Lord but only I survived. I immediately found an escape route and ran out of the vehicle screaming like a mad man. As God would have it, I then saw a family friend by name Sini Bugu, now late who was driving down to Michika, Adamawa State. He picked me up and took me home to the Maiduguri Specialist Hospital and reported the matter to my parents before continuing with his journey. I always remember this experience with gratitude because I survived by a slim thread. If anything had happened, I would have not been where I am today.

I also recall that I have been attacked by armed robbers 9 (nine) times in this Country but none of these incidences led to the loss of my life or any of my loved ones.

In 2010, I safely travelled essentially by road to every State capital and many major cities of Nigeria within a span of 6 months. I remember during one of my journeys by air that a plane which had just dropped me at my destination ended up crashing thereafter. Similiter, a plane that was coming for us to board, crash landed before arrival.

The question is, can I thank God enough? Definitely not.

These are things that when we move forward in life, we tend to forget and stop being grateful to our Creator for, rather, we focus on the negatives in our lives which may, at times, seem to overwhelm the blessings.

As the new year comes forth, I encourage each and everyone of you to look back through the years to experiences that you are grateful for but might have forgotten. I wish you a fulfilling new year and hope that you live your best life in 2022.

– Chief Joe-Kyari Gadzama OFR, MFR, SAN

EMEKA NWADIOKE
Jan 02, 2022
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UN RUES NIGERIA’S FAILURE TO SUBMIT TORTURE REPORTS

The Committee against Torture (CAT), a United Nations entity, has lamented Nigeria’s continued failure to comply with its reporting obligation under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In its latest report on torture in Nigeria, the Committee which operates under the ambit of Office of the High Commissioner for Human Rights (OHCHR), noted that Nigeria’s failure has “precluded the Committee from assessing the implementation of the Convention by the State party on the basis of the Government’s report.”

The Committee also observed that the Federal Government has for almost 20 years failed to submit a report on torture even when it was urged to “accept the simplified reporting procedure to assist it in preparing such report.”

While the Committee noted that the Federal Government in 2012 provided it with information on the establishment, mandate and conducted activities of the National Committee against Torture, the Committee bemoaned the persistent neglect by Nigeria of its reporting obligations, saying: “The Committee however regrets that the State party has failed to meet its reporting obligations under article 19 of the Convention for more than 19 years, which precluded the Committee from assessing the implementation of the Convention by the State party on the basis of the Government’s report.”

It also noted that “Notwithstanding the commitments made by the State party following the 2018 universal periodic review of the Human Rights Council to strengthen the implementation of its international obligations and cooperation with human rights protection mechanisms, in particular by reporting to all treaty bodies (see A/HRC/40/7/Add.1, para. 148.15-18), the Committee regrets that the State party has not yet complied with its reporting obligations under the Convention.”

Tracing its longstanding efforts to get the Federal Government to comply with its reporting obligations, the Committee noted that Nigeria acceded to the Convention on 28 June 2001, adding that “The State party was under an obligation to submit its initial report under article 19 (1) of the Convention by 28 June 2002. Each year thereafter, Nigeria was included in the list of States parties with overdue reports in the annual report, which the Committee submits to the States parties and the General Assembly.

Continuing, the Committee said: “By a letter dated 27 June 2012, the Committee reminded the State party about the overdue initial report and the possibility for the Committee to proceed with a review in the absence of a report as a result of the extended delay in its submission. On 10 December 2012, the State party sent a response to the Committee with information on the establishment, mandate and conducted activities of the National Committee against Torture, as follow-up to the letter sent to the Committee by the Chairman of the National Committee against Torture in Nigeria on 26 September 2012.”

Said the Committee: “By a letter of 30 September 2019, the Committee once again reminded the State party about the overdue initial report and the possibility for the Committee to proceed with a review in the absence of its overdue report and invited the State party to accept the simplified reporting procedure to assist it in preparing such report. In the absence of a reply, the Committee informed the State party about its decision to proceed to the review of the implementation of the Convention in the absence of the State party’s report at its seventy-first session by two subsequent letters of 9 December 2019 and 27 March 2020.”

According to the Committee’s report, “Due to the COVID-19 pandemic and its impact on the functioning of treaty bodies and in-person sessions, by a letter of 5 October 2020, the Committee informed the State party about the postponement and rescheduling of the State party review for the seventy-second session. On 10 September 2021, the Committee once again informed the State party of the possibility of reviewing the situation in the State party in the absence of a report at its seventy-second session, in accordance with rule 67 of its rules of procedure. The Committee welcomes the State party’s response confirming its participation in the seventy-second session sent on 22 October 2021 and its subsequent participation in the dialogue.”

EMEKA NWADIOKE
Jan 01, 2022
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Comments Off on OKUTEPA QUERIES PAYMENT OF PRACTISING FEE VIA NBA PORTAL

OKUTEPA QUERIES PAYMENT OF PRACTISING FEE VIA NBA PORTAL

Former Nigerian Bar Association (NBA) Lead Prosecutor at the Legal Practitioners Disciplinary Committee (LPDC), Mr. Jibrin Okutepa (SAN) has challenged the legality of lawyers paying the annual Bar Practice Fee (BPF) through an NBA portal.

In a post he made today on a CITY LAWYER WhatsAPP platform while tagging an NBA Notice on payment of BPF, the fiery senior lawyer argued that there is no legal basis for NBA to receive the fee from lawyers, saying: “where does NBA derive its powers to collect practising from lawyers and direct that payment shall be online through portal created by NBA.”

It is recalled that NBA had issued a notice to members thus: “As you may already be aware, the National Executive Council (“NEC”) of the Nigerian Bar Association (“NBA”), at its last NEC meeting held in Abeokuta, Ogun State, on the 16th day of December 2021, resolved that manual Bar Practicing Fee (“BPF”) payments be jettisoned. Consequently, BPF payments can only be made through the NBA Online Payment Portal, with effect from the 1st day of January 2022. Members can now make individual or group payments through the Portal.”

The full text of Okutepa’s post made on his verified handle is below:

In the light of the provisions of the legal practitioner Act, particularly section 7 thereof which is yet to be amended,where does NBA derive its powers to collect practising from lawyers and direct that payment shall be online through portal created by NBA. For added measures, this is what LPA says in section 7 thereof: No legal practitioner (other than such a person as is mentioned in subsection (3) of section 2 of this Act) shall be accorded the right of audience in any court in Nigeria in any year, unless he has paid to the Registrar in respect of that year, a practising fee as is from time to time prescribed by the Attorney‐General of the Federation after consultation with the association.

[1999 No. 31.]

(3) The Registrar shall‐

(a) issue to every person by whom a practising fee is paid in respect of any year a receipt for the fee in the prescribed form; and

(b) as soon as reasonably practicable after the end of January in each year and thereafter from time to time during the year as he considers appropriate cause to be printed in the prescribed form and put on sale a list or supplementary list of the legal practitioners by whom practising fees have been paid in respect of that year; and

(c) pay over to the Association as soon as may be after the end of each year a sum equal to nine tenths of the aggregate amount of the practising fees received by him in pursuance of this section during the year,

and a receipt purporting to be issued and list purporting to be printed in pursuance of this subsection in respect of any year shall be evidence that the person named in the receipt or, as the case may be, that any person named in the list has paid to the Registrar the practising fee in respect of that year.

As lawyers, we must do things according to law. The payment of practising fees is a statutory duty and a creation of law. The law sets/ directs how the payments are to be made by lawyers and who is to issue receipts. It also sets out how NBA should benefit from the payments made by lawyers. How did we come to the practice of paying our bar practising fees through the portal of NBA? Can somebody guide me? As lawyers, we must not follow the rules without the backing of the law.

EMEKA NWADIOKE
Jan 01, 2022
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‘3 THORNY ISSUES CONTINUE TO BOTHER US,’ AKPATA TELLS LAWYERS

The Nigerian Bar Association (President), Mr. Olumide Akpata has identified three key challenges facing his administration, even as he promised that “we intend to double our efforts this year to ensure that these issues are resolved or, at least, we will lay the foundation for their resolution even beyond our term in office.”

In a New Year message sent to members via email and titled, “RE: Looking back, looking forward – The year ahead of us,” Akpata identified one of the challenges as the slow pace of justice delivery, saying: “The first is the slow pace of administration of justice and the unpleasant experience of many of our members who use the courts. On this, our NBA Judiucary (sic) Committee led by my friend and brother, Dr. Babatunde Ajibade, SAN has been working relentlessly for possible solutions since we set up that Committee. I have the assurances of the Committee that, on account of their work, we will begin to see changes at our courts during the year through their court monitoring activities and other high-level engagements.”

Below is the full text of the message.

RE: Looking back, looking forward – The year ahead of us

My Dear Colleagues,

Let me first thank the Almighty God who saw us through the year 2021 and has given us the opportunity to witness the start of another year. We are especially thankful considering that the year was a challenging one for the legal community in many respects.

Despite the challenges posed by the lockdown of our courts during the JUSUN strike, resurgent Covid-19 pandemic and its attendant economic costs to the legal profession, we were resilient and trudged on. Each of you found reasons to celebrate different feats, and as an association, the NBA also made some significant strides – many of which I communicated to you directly or through our media team in the course of 2021.

That said, I am not oblivious of the losses that we suffered, our colleagues and friends (at the Bar and the Bench) who passed on, and the general challenges that we continue to face as a profession. While 2021 is now history, the much that my team and I can commit to is that we will keep doing our best to address these challenges and justify the confidence that you have in us.

As you know, this year signals the end of this administration as we are constitutionally mandated to handover to a new team by August 2022. This, therefore, will be my last New Year address to you, in my capacity as the NBA President.

Since I have had the privilege of leading the NBA, my team and I have continued to put in every ounce of our energy towards delivering on your mandate and as the administration enters what would be its last months, may I assure you that we will continue to do just that.

When I ran for the office of the President of the NBA, one of the commitments that I made to you was to revive the NBA and make it an institution that delivers real value to its members and the society at large. I believe that this objective is being achieved as we have, through the grace of God, held ourselves to this high standard by ensuring that our interventions are directed at improving the welfare of our members, restoring the place of the Bar in our nation building process and introducing initiatives that will raise the standard of lawyers, make the practice of law more exciting and overall, better our professional lives.

In addition to what we have done and continue to do, I should highlight three thorny issues that continue to bother us as a team and in respect of which we are not relenting. Although we have been working on these issues in varying degrees, we intend to double our efforts this year to ensure that these issues are resolved or, at least, we will lay the foundation for their resolution even beyond our term in office.

The first is the slow pace of administration of justice and the unpleasant experience of many of our members who use the courts. On this, our NBA Judiucary (sic) Committee led by my friend and brother, Dr. Babatunde Ajibade, SAN has been working relentlessly for possible solutions since we set up that Committee. I have the assurances of the Committee that, on account of their work, we will begin to see changes at our courts during the year through their court monitoring activities and other high-level engagements.

The second is remuneration of lawyers and scale of charges for legal services. I quite understand the apprehension of our members in this regard, and I can confirm that the Anthony Nwaochei-led NBA Remuneration Committee has done considerable work on this issue and are putting finishing touches on their proposals. Once this is concluded, and we have the approval of the NBA-NEC, we will make the recommendations and implementation strategies of the Remuneration Committee public and commence enforcement.

The third is under-employment and unemployment of lawyers. While this is a macroeconomic issue and cuts across all professions, we are cognisant of the fact that the NBA can galvanise and play a role in reducing the trend within the legal profession. Our current approach in dealing with this has been largely through our efforts at helping lawyers expand the scope of their practice and become more active in other areas of law outside of our current traditional practice areas. The NBA Institute of Continuing Legal Education under the able leadership of Mr. Tobenna Erojikwe has been doing an excellent job in this respect on behalf of the NBA. This year, we will give more institutional attention to the issue of underemployment/unemployment within the profession and devise other practical means of dealing with the conundrum, to the extent that it is within the powers of the NBA to do so. Some of our approaches may not yield the desired results in the short term, but with sustained efforts, I am confident that we will achieve our objectives in the mid to long term.

As I conclude, let me remind us that we are now in the fourth phase of the Covid-19 pandemic, according to the World Health Organisation, with the Omicron variant of the virus ravaging nations and economies, and threatening a new wave of lockdowns in parts of Europe and America. I therefore urge us to continue to comply with, and adhere to, the clinical and non-pharmaceutical practices approved by the Nigeria Centre for Disease Control to protect ourselves, families, friends, and colleagues from the virus. Let us stay safe as we celebrate into the New Year.

Once again, I wish you a happy and prosperous New Year.

Sincerely,

OLUMIDE AKPATA
President
Nigerian Bar Association

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