BREAKING: NDIFON WANTS CHARGE DISMISSED, SAYS ICPC USING FAKE LAWYER, PROFESSOR

Embattled and suspended Dean of Faculty of Law, University of Calabar, Prof. Cyril Ndifon has asked a Federal High Court sitting at Abuja to strike out the amended charge against him, alleging that it was brought by a fake lawyer and prosecutor.

In a Motion on Notice obtained by CITY LAWYER and filed by his team of lawyers led by Chief Joe Agi SAN, the embattled law teacher alleged that he has since discovered that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) is using a fake PhD holder and professor as its lawyers. The motion is slated for hearing today.

A preliminary search by CITY LAWYER on the Nigerian Bar Association (NBA) “Find a Lawyer” portal however indicated that one “OSUOBENI, EKOI AKPONIMISINGHA” with Supreme Court Number 079644 is registered on the database of licensed lawyers.

The motion is brought pursuant to Section 106 of the Administration of Criminal Justice Act, 2015, Section 2(1) and 24 of the Legal Practitioners 2023, Section 6(6)(a)&(b) and 36 of Constitution of the Federal Republic of Nigeria, 1999 as Amended and under the inherent Jurisdiction of the Honorable Court.

Among the prayers sought by the defendant are: “An order of court striking out the amended charge in this case same being incompetent and preferred by a person whose name is not on the roll of legal Practitioners in Nigeria Pursuant to section 2 of the legal Practitioner Acts and thus robbing this Court of its jurisdiction,”

“An order of Court striking out all the appearance of Joshua E. Alobo from the prosecution Counsel for appearing as a private Legal Practitioner in a criminal case without the fiat of the Honourable Attorney General of the Federation,” and 

“An order of Court referring both Osuobeni Ekoi Akponimisingha and Joshua E. Alobo to the Legal Practitioners Disciplinary Committee for answering and caused to printed on their process the title “Dr.” “Professor” when they do not have the academic qualifications to show for the titles thereby misrepresenting themselves to the public and bringing legal profession to ridicule and shame”.

The grounds upon which the application is brought are that: “The amended charge in this case is incompetent and preferred by a person whose name is not on the roll of Legal practitioner in Nigeria Pursuant to Section 2 of the Legal Practitioner Act and thus robbing this court of its jurisdiction.

“The amended charge was referred by one Dr. Osuobeni Ekoi Akponimisingha, a person whose name is not on the roll of Legal Practitioners in Nigeria Pursuant to Section 2 of the Legal Practitioners Act.

“That Joshua E. Alobo who appears for the prosecution as Counsel as a private Legal Practitioner in a criminal case does not have the fiat of the Honourable Attorney General of the Federation.

“That both Osuobeni Ekoi Akponimisingha and Joshua E. Alobo answer in this court and cause to printed on their processes the title “Dr.” “Professor” when they do not have the academic qualifications to show for the titles thereby misrepresenting themselves to the public and bringing legal profession to ridicule and shame.

“That a grant or allowance of this application will aid the cause of justice and also aid the mandate of the Independent Corrupt Practices and Other Related Offences Commission established to fight corruption in all sphere of our nation.”

The matter has been slated for hearing on the 19th day of March, 2024 before Justice James Omotosho of the Federal High Court, Abuja.

ICPC is prosecuting Ndifon on four (4) counts charge bordering on sexual harassment, official corruption and abuse of office contrary to sections 8, 18 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.

CITY LAWYER recalls that though Ndifon had urged the court to strike out the charge through an earlier “No case to answer” motion, the court threw out the motion and directed him to enter his defence.

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‘CONSTITUENCY PROJECT’ IS STEALING BY TRICK, SAYS EX ATTORNEY-GENERAL

BY MUTALUBI OJO ADEBAYO

THE NATIONAL ASSEMBLY’S JERKING OF THE 2024 BUDGET BY N1. 2 TRILLION

The session at the Senate over alleged padding of the 2024 Budget has clearly shown that the greatest impediment to the growth and the development of this country are our National parliamentarians.

What is the justification of the National Assembly for the N1. 2 trillion jerking of the budget?

The “topped up” sum has been clandestinely brought up under the various constituency projects for the lawmakers. Truth be told constituency projects are the euphemism for the ways and manners the parliamentarians got their own “fair share” or loot of our national patrimony. Several frivolous projects like solar street lights, erection of boreholes, district roads construction, building of skill acquisition centres etc , all which will work or function for barely brief periods would be executed under those heads. Some of them will even do some caricature empowerment programmes that will entail spending a very insignificant ratio of the humongous sum they actually collected for the projects. In all, the people and the country are the losers.

Instead of the parliamentarians to appropriate funds for monumental developmental and impactful projects that would be of tremendous and lasting legacies to the people and the country, they prefer to shortchange and cheat the people and the country through those instalmental fleecing of our Commonwealth vide stealing by tricks called constituency project.

If not, how reasonable is it that while a great institution like TETFUND got N800 billion in the budget, a whooping sum of N1. 2trillion are shared and distributed among the law makers for the provision of sundry items like provision of street lights, bore holes etc. that would even be poorly executed and of which the large chunk of funds earmarked would end up in private pockets.

The wastefulness , irresponsibility and insensitivity of that appropriation may not be fully understood and felt unless you situate it in the context that great institutions like TETFUND which services some critical developmental and research projects of all the nation’s federal and states tertiary institutions got N800 billion whereas the sum of N1. 2 trillion was shared as bazzars by the lawmakers among themselves and inserted in the budget by themselves and for themselves.

My take however is that the National Assembly are not to be blamed wholly, but the present executive arm of government and especially the President which appended his signature to such an anti-people budget. That act alone has convinced me that the present government has nothing good or tangible to offer our people and and the country, in terms of development and real growth or perhaps that it is a government of “anything go” or a government of business as usual and it is very sad.

To me, this is a government of renewed forlon hope, if we won’t deceive ourselves.

  • Adebayo was formerly an Attorney-General and Commissioner for Justice in Oyo State

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BREAKING: NBA-SPIDEL EXCO SUE MAIKYAU OVER SACK, HEARING FOR MAY 6

Executive members of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) who were recently dismissed in a controverial National Executive Council (NEC) resolution have dragged NBA President, Mr. Yakubu Maikyau SAN to court over the matter.

In an originating summons obtained by CITY LAWYER, the Executive Committee members are asking for “An order setting aside the purported dissolution of the Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law by the 1stand 2nddefendants made on the 29th day of February, 2024 same being unconstitutional, null and void ab initio and of no effect whatsoever.”

Also sued alongside Maikyau at the Delta State High Court, Effurun are NBA General Secretary, Mr. Adesina Adegbite and the Incorporated Trustees of the Nigerian Bar Association. The matter has been set down for hearing on May 6, 2024.

CITY LAWYER gathered that though the claimants had earlier filed an application for interim reliefs, the application was withdrawn when the matter came up today in favour of speedy hearing of the main lawsuit.

Brought on behalf of the Executive Committee members by Mr. John Aikpokpo-Martins and Ms. Funmi Adeogun, the claimants also urged for “An order directing the 1stdefendant to pay the sum of N10,000,000 to the claimants as exemplary and general damages for the embarrassment caused them by his unconstitutional action.

“An order directing the 1stdefendant to publish on a full page of two (2) national daily newspapers a letter of apology to the claimants for the embarrassment caused them by his actions.

“An order of perpetual injunction restraining the 1stand 3rddefendants either by themselves and/or through their agents, officers etc. from further interfering with the tenure of office of the claimants as the Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law.”

The legal team for the Executive Committee comprises fiery human rights activists including Messrs Maxwell Opara, Inibehe Effiong, George Nwabunike, Felix Akpowowo, and Mohammed Danjuma among others.

In the alternative prayers by the claimants, they urged for “A declaration that the failure of the defendants to recuse the 1stdefendant from presiding over the dispute between himself and the claimants at the Nigerian Bar Association National Executive Council Meeting held on the 29th day of February, 2024 in Jos amounts to a violent breach of the fundamental right of the claimants to fair hearing as guaranteed under the constitution of the Federal Republic of Nigeria and/or runs violently contrary to the principle of natural justice to wit: nemojudex in casuasua.

“AN ORDER setting aside the purported dissolution of the Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law by the 1stand 2nddefendants made on the 29th day of February, 2024 same being null and voidab initio and of no effect whatsoever for breaching the claimants’ right to fair hearing as guaranteed under the constitution of the Federal Republic of Nigeria.

“An order directing the 1stdefendant to pay the sum of N10,000,000 to the claimants as exemplary and general damages for the embarrassment caused them by the breach of their fundamental right to fair hearing by the 1st and 2nddefendants.

“An order directing the 1stdefendant to publish on a full page of two (2) national daily newspapers a letter of apology to the claimants for the embarrassment caused them by his unconstitutional actions.”

The Claimants also raised several questions for the court to resolve. Among the declarations sought are: “A declaration that by the provisions of the constitution of the 3rddefendant, and the uniform byelaws for sections of the 3rd defendant, the Claimants (the executive committee of the Section on Public Interest and Development Law (NBA-SPIDEL)) were elected into office by the members of the Section on Public Interest and Development Law of the 3rd defendant for a term certain of 2 years.

“A declaration that by the provisions of the constitution of the 3rddefendant and its byelaw for Sections, the National Executive Council of the Nigerian Bar Association lacks the power to remove the claimants from office as the elected executive committee of the Nigerian Bar Association Section on Public Interest and Development Law and/or the power to dissolve the Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law.

“A declaration that the purported dissolution of the elected Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law is unlawful, utra vires the powers of the 1stand 2nd defendants and is therefore null and void abinito and of no effect however.

“A declaration that the act of the 1stdefendant in presiding over the dispute between himself and the claimants at the 3rd defendant’s, National Executive meeting in Jos on the 29th of February, 2024 amounts to an abuse of office and power and therefore very reprehensible and unbecoming of the holder of the office of the President of the 3rd defendant.”

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‘NBA VICE PRESIDENT AS CATALYST FOR STRATEGIC GROWTH,’ BY PROMISE IWEZOR

The job of the Vice President can sometimes be fleeting. To some, the office is simply an alternative to that of the President. To others, it is the office that shadows that of the President. Yet to others still, the Vice President is a “Staff” of the President, especially in our clime.

However, the office of the Vice president can be that bridge of policy between the President and the rest of the hierarchy of any Organization. When zealousness sometimes pushes executive members to heated arguments, the Vice President can be that bridge that will evoke an ambient working relationship among all Executives. I believe this office has been underplayed and misinterpreted for far too long. I believe that this office can be the litmus test for good governance and conscious administration of necessary reforms. I believe the Vice President can be more.

Some of the Roles of the Vice president includes:

Communication and listening: The vice president’s job description requires knowing how to communicate with many audiences, including other members of the leadership team.

They must be available and willing to listen to any problem team members may face and help them to overcome any obstacle.

Public speaking and presentation: Vice presidents are often responsible for brainstorming ways to change and innovate the organization. They may regularly present ideas in front of small or large groups. They must hold strong public speaking and presentation skills to keep audiences engaged and interested in their organization.

“I believe this office has been underplayed and misinterpreted for far too long. I believe that this office can be the litmus test for good governance and conscious administration of necessary reforms. I believe the Vice President can be more”

Critical thinking and problem-solving: Since challenges arise regularly within an organization, the vice president might be the person team members rely on to help solve the problem. They should be able to think quickly to address issues and prevent any problems from affecting the organization.

Leadership and drive: Many vice presidents motivate teams to provide quality work and reach organizational goals. Being an effective leader and developing trusting relationships among colleagues can allow Team members to feel encouraged to submit valuable ideas and strategy for Research and Development within an organization.

Assisting in strategic goal setting: The president, vice president and other leaders may gather and set strategic goals for the organization. Once these goals are set, the vice president may work with the respective Teams to ensure they properly implement them.

Determining Organizational success and deciding on improvements: Vice presidents stay updated on Global best practices. They compare these results to the success of the organization and develop strategies to improve so it can stay ahead of the changing times.

Dr. Promise Iwezor
Former Chairman NBA Isiokpo Branch
#Officeofthe1stVice
#Buildingbridges
#SucceedingTogether

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ELIAS UGWU: ‘HOW POLICE KILLED MY LAWYER-COUSIN, TORTURED US,’ BY KIDNAP VICTIM

Fate is an intricate decider of human life. So it was with an Enugu-based lawyer, Ellias Ugwu, 60, who went to rescue his kidnapped cousin in Kogi State, last week. His cousin, Alexander Ugwu, 53, a businessman at Akpanya, Benue State, was going back to his base in a commercial bus when they encountered heavily armed Fulani herdsmen who blocked the highway while kidnapping.

Fate is an intricate decider of human life. So it was with an Enugu-based lawyer, Ellias Ugwu, 60, who went to rescue his kidnapped cousin in Kogi State, last week. His cousin, Alexander Ugwu, 53, a businessman at Akpanya, Benue State, was going back to his base in a commercial bus when they encountered heavily armed Fulani herdsmen who blocked the highway while kidnapping.

His abductors later called demanding N10m. Though the ransom was later reduced to N4m, the lot fell on the Nsukka legal luminary to move into the bush and rescue Alexander. This, he succeeded in doing after engaging another of his friend, to accompany him to the den of the kidnappers.

Tragically, as they were joyously returning home, calling friends and family members to share their joy, their excitement was cut short and turned into sorrow. A team of policemen who were on the trail of bandits that earlier raided some police stations and banks at Anyigba, a nearby town, accosted them and the legal practitioner who was driving his car was shot dead. Alexander, the kidnapped victim, who was at the back of the car when his uncle’s life was cut short, in this interview, gave vivid details of how the heart-wrenching incident happened. Excerpts:

How I was captured

“To commence my travel from Iheakpu-oka village to Anyigba on March 2, 2024, I boarded a vehicle going to Ejule from an Army checkpoint situated between Aloma and Ejule. Precisely, the village called Iboko. While on our way, we encountered heavily armed herdsmen who were stopping vehicles, shooting and kidnapping people.

They kidnapped everyone in the car (six persons), including the driver. And we were all taken into the bush. The incident happened around 6:20 PM that Saturday, and I was there till Monday morning when they began to request for ransom.

Ransom

Before my phone went off, the first relation that I could speak to over the phone was my cousin, Elias Ugwu, whose father is my father’s elder brother. I called him and told him the kidnappers were requesting for N10 million because, according to them, once an individual is from the Eastern part of the country, he or she must be wealthy.
I explained to them that I didn’t have money. They countered, saying if I didn’t have money, my relatives had.

Meanwhile, they collected a ransom of N130,000 from the driver’s family. Also, they collected N200,000 as ransom from the family of a first-year student at Kogi State University, KSU, who is from Ogugu, in Kogi State.

Shocked by the ransom that they (driver and student) were asked to pay, I asked why my case was different.
However, If anyone talked, they would beat the hell out of the person. They later reduced my ransom to N4million. I was given the privilege to communicate the ransom to my uncle, who informed all my relatives including Iheakpuoka community in Anyigba about their demand. When the money was finally raised, the kidnappers asked them to bring the ransom before they could rescue me.

Though my uncle was to come on Friday to pay the ransom and rescue me, he couldn’t make it. But when my captors finally called him at around 5 pm, he said he was at Ejule. The kidnappers then told him what to buy for them. They told him to buy Nkpurummiri (hard drug), water and N10,000 pack of energy drinks.

Around 7 pm on Friday, they called him, and he said he couldn’t come out at that time to Aloma, that he is an old man and he was afraid. They said he should sleep somewhere, that the next day they would tell him when and where to bring the ransom and the items.
On Saturday morning, 9th of March, we usually take long-distance walks with these kidnappers inside the bush barefooted. It is from one bush to another. On Friday night we moved to another village called Abeji…..I can’t remember the real name. In fact, we didn’t even know where we were till in the morning when we asked, they told us where we were. We started communicating with my uncle unknown to us that there was a bank robbery on Thursday in Ayingba and this was happening on Saturday morning.

So, the villagers who saw my uncle and his friend that were coming to rescue me, driving around, were the ones that called the police informing them that there is a vehicle that is roaming around the community through an escape road behind the university.
So, the policemen came and and laid ambush. They parked their vehicle in the bush close to the road. When we were coming back, we saw a police vehicle packed distantly and we were happily approaching the vehicle. The next thing we heard was ‘stop’and then the sound of gunshots and my brother was hit on his head. He lost control, the vehicle ran into the bush. That was when one of the security people said they are police officers. I used a cloth to tie my uncle’s head because he was bleeding profusely. They tried to pull out the vehicle but we could not. The police then used something to attach it to their Hilux to pull out the vehicle.

We already told them who we were, but it was already too late. They had finished searching the vehicle expecting to see a huge sum of money. The kind of clothes I wore made them realise that I was a victim of kidnap, they became tired. They took us to Maria Goretti Hospital in Ayingba. When we got to the hospital, the officer in charge told his men not to allow us to speak to anyone. They handcuffed and took us to the area command’s office. My uncle was admitted. It was on Sunday morning that he died.

At about 11 am the following day, they came with their Hiliux and took us to Area one police Station, Lokoja. That was where we were tortured and questioned, and later wrote our statements. They said we were armed robbers I said no, I am. a kidnap victim. The man who came with my uncle to pay ransom asked them to bring out the money they took from our vehicle, that the money was withdrawn from Nsukka, Zenith bank, not Anyingba. Luckily they brought out N300,000 from the vehicle, the teller zenith bank, Nsukka was boldly written on paper used in folding the money. I brought out the clothes that I wore all through my captivity in the kidnapper’s den, that was when they believed we were not robbers.

When we finished writing our statements, they took us into a cell. We slept in the cell till Monday morning when they started taking us from one office to another. They put on camera while interviewing us. Then, the officer in charge asked them not to put us inside the cell again. He then asked us to call our relatives to come and bail us. That was how we were bailed on Tuesday morning.

DID YOU PAY FOR BAIL?
No, we didn’t pay a dime. because one of the people who came for my bail is very popular and was communicating directly with the Commissioner of Police.

WHILE IN THE HOSPITAL, WHAT DID THE WOUNDED BARRISTER SAY?
Immediately the police shot him, he was unconscious, he was breathing heavily, he didn’t say anything.

POLICE SAID THEY STOPPED YOU PEOPLE BUT YOU FAILED TO OBEY THEM?
The police ambushed us, they hid their vehicle inside the bush and laid ambush. If you see the barrister’s vehicle, you will understand better. The car glass was not rolled up and the shot that killed him was fired from that side. The man that released the bullets was being called Sampolo by his colleagues. They now asked us to take my uncle’s corpse and vehicle back to our place.

WHILE YOU WERE IN THE KIDNAPPERS DEN, WERE YOU BEING FED?
They were not giving us food. We were eating only cashew for the eight days we were inside the bush. I could not go to the toilet for once. Every night, we must trek for three to four hours in the bushes.

HOW OLD ARE THE KIDNAPPERS?
They are young men, who are under age thirty. If they slap you, you will think it is from a woman.
They have sophisticated weapons.

HOW WAS THE RANSOM PAID?
I don’t know when they arrived, but they released eight of us that morning. When my uncle came with his friend, Chidi Aneke, they asked him to kneel down. They ordered his friend to slap him. Chidi did. They corked the gun and told him to slap him very well and he did. When they came out from the vehicle, they carried the cash into the bush, my uncle knelt till they confirmed the cash. That was when they released and handed me over to him. It was after that, as we were coming home and making calls, happily informing our people that I have been freed, this incident happened.

  • This report was originally published by VANGUARD newspaper

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‘COMRADE EZEIGWE HAD A KIND WORD FOR ALL,’ SAYS GERALD ABONYI

Adieu, Great One: Tribute to D. O. C. Ezeigwe 

I traveled with the Enugu Branch Hummer Bus in 2015 I believe, to the Sokoto NEC meeting. I joined the Bus from my Chamber/Office in Obollo Afor where I was picked up by the Leadership of Enugu Bar.

My “Friday Man” Arthur Elvis was there (became EBF Guv later). The Chairman of Enugu Branch then was H. O. Eya, now his Lordship. He was in-charge and he provided and ignited the required conviviality for the journey.

Chief DOC Ezeigwe was the ” Garrison Commander.” He beckoned on God before the commencement of the journey to lead us to and fro without any difficulty. And so it was, for God was with us.

And so it was that we traversed the length and breadth of the Northwest, from Abuja to Zaria, Funtua to Gusua to Zamfara to Sokoto, no unsavoury incident. A journey to remember.

Chief DOC Ezeigwe has a kind word for everyone. He was not created with bile. A NEC to remember.

Dr. Gerald Abonyi.

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GCB MEMBERS ASK NBA TRUSTEES, AGM TO RESTRAIN MAIKYAU

Nigerian Bar Association (NBA) representatives at the General Council of the Bar (GCB) have urged NBA Trustees and the Annual General Meeting (AGM) to “prevail on the President of NBA to refrain from interfering with the role of the NBA Representatives in the General Council of the Bar (GCB) and to take steps to remedy the very unfounded comments and allegations made without regard to the integrity and reputation of the Members of the GCB.”

Rising from a recent meeting, the members also noted that “it seems that his (Maikyau’s) perspective on the GCB has become skewed, viewing it as his ‘baby’ and possibly feeling compelled to undermine it if he cannot exert full control. This sentiment raises concerns about potential actions that may compromise the integrity of the GCB.”

Maikyau has lately been battling to put out fires on several fronts. CITY LAWYER recalls that former Chairman of the National Human Rights Commission (NHRC) resigned from the Electoral Committee of the NBA (ECNBA) following NBA’s prolonged delay in paying one of the committee’s vendors after the 2022 NBA Elections. 

Aside from allegations made by estranged NBA ICT Consultant, Mr. Adams Mshelia Makarios against the association’s leadership in a series of interviews with CITY LAWYER, the climax of the face-off with some entities and individuals climaxed with the sensational bust-up between Maikyau and nearly all members of the NBA Executive Committee, leading to most National Officers penning disclaimers against his allegations. More recently, Maikyau has fallen out with the erstwhile leadership of NBA-SPIDEL as well as GCB members. It remains to be seen how the latest debacle will be resolved.

According to the letters by the NBA representatives, “The GCB operates distinctly from the NBA, and it is crucial to keep these entities separate and prevent the GCB from becoming collateral damage in NBA disputes. Our plea is for a resolution that safeguards the autonomy of the GCB and prevents it from being entangled in conflicts that do not concern its mandate.”

The allusion may not be unconnected with the NBA Section on Public Interest and Development Law (SPIDEL) crisis which also has the Coordinator of the now banned ‘Representatives of the Nigerian Bar Association to the General Council of the Bar,’ Mr. John Aikpokpo-Martins as a key player.

Singed by 11 members of the council, the letters stated that “Our primary motivation in bringing this matter to your attention is to protect our integrity and to rectify any misconceptions that may have arisen as a result of Mr. Y. C. Maikyau’s statements. Maintaining the integrity of the legal profession is of paramount importance to us, and it is imperative that the records are set straight.

“We also respectfully urge you to call on the NBA President to provide clarifications regarding his conduct and the motivations behind the recent actions against NBA representatives in the GCB; and take appropriate measures to ensure that the NBA President refrains from leading the NEC recklessly without regard to the far reaching implications of its resolutions.

“The office of the NBA President is highly esteemed, and witnessing its use for personal and possibly divisive purposes is disheartening. We trust that you will take the necessary steps to address these concerns and restore the dignity and impartiality of the NBA President’s office.”

CITY LAWYER recalls that the NBA National Executive Council (NEC) recently banned the body known as ‘Representatives of the Nigerian Bar Association to the General Council of the Bar’ alongside dissolution of the Executive Committee of the NBA Section on Public Interest and Development Law (SPIDEL).

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ELIAS UGWU: AFAM OSIGWE DEMANDS ‘SWIFT, IMPARTIAL’ PROBE

ELIAS UGWU’S KILLING WAS RECKLESS AND UNJUSTIFIABLE – AFAM OSIGWE, SAN

A few days ago, our colleague, Elias Ugwu’s life was tragically ended after he had successfully retrieved his kidnapped relation by dropping off ransom for the kidnappers. The mystery surrounding his death would appear to be clear with the admission by the Police that the fatal bullets that killed him were fired by the Police.

His death as well as the circumstances of his death are as unfortunate as they are highly condemnable. I find unacceptable the explanation that the police shot at the vehicle because the driver zoomed off when ordered to stop. The killing cannot be justified. It is not enough to shoot at a vehicle that has posed no threat to the lives of the policemen simply because the driver allegedly refused to stop. If indeed, there was a need to shoot at the vehicle (which I do not concede), the same should have been done in a way to disable the car without hurting or killing the occupants.

The admission of complicity by the Kogi State Police Command is a damning acknowledgment of a grave error that has cost an innocent life. It portrayed the police as acting without regard to ensuring the safety of the occupants. It indeed portrayed a mindset that the occupants of the vehicle were the alleged bank robbers and therefore deserved to be killed. The shooting also showed that police see nothing wrong in shooting at a fleeing vehicle even if the occupants have not acted violently towards the police or posed any threat to their lives.

Elias Ugwu was not a member of any armed robbery gang. There was no indication he was a robber and was armed. Even unarmed robbers deserve their day in court. They ought not to be killed in the manner that Elias met his death. He was in Kogi State with the noble intention of paying ransom for the release of his kidnapped relative, an act of bravery and compassion that tragically cost him his life. He did not have to die in the manner he did. I understand the importance of fighting kidnapping and other violent crimes but this should be done without threat or violence to unarmed civilians.

It is on account of this that I consider the tragic killing of Elias Ugwu, unjust and condemnable. The circumstances surrounding his death, as revealed by the Kogi State Police Command, are deeply troubling and demand immediate and thorough investigation. This calls to question the nature of training given to police officers, the rules of engagement governing their activities, and the chance for law enforcement agencies to paint a picture that death in such circumstances is in order.

The police’s reckless actions in shooting Elias Ugwu without proper verification or due process not only demonstrate a lack of professionalism but also a blatant disregard for human life and the rule of law. Their failure to distinguish between law-abiding citizens and criminal elements is unacceptable and constitutes a gross violation of the rights and dignity of individuals.

It is deeply concerning that Elias Ugwu’s death occurred amidst a climate of insecurity and lawlessness, characterized by the brazen robbery of banks and attacks on police stations. However, such challenges cannot justify the extrajudicial killing of innocent civilians who have committed no crime.

I demand a swift and impartial investigation into the circumstances surrounding Elias Ugwu’s death, to identify and hold accountable all those responsible for this egregious act of violence. Justice must be served, not only for the sake of Elias Ugwu and his grieving family but also to uphold the principles of justice, accountability, and respect for human rights.

I call on the relevant authorities to institute measures to prevent similar incidents from occurring in the future. Law enforcement agencies must be held to the highest standards of professionalism and integrity, and mechanisms must be put in place to ensure that innocent civilians are not unjustly targeted or harmed.

In this moment of sorrow and indignation, I stand in solidarity with the family, friends, and colleagues of Elias Ugwu Esq. My condolences go to his family and the entire NBA Nsukka branch. May his memory be a beacon of hope and a catalyst for positive change in our society.

May his soul rest in peace. Amen!

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CORDELIA EKE REGALES, AS SBL LEADERS MOBILIZE FOR EASTERN ZONE CONFAB

SBL LEADERS STORM PORT HARCOURT, GALVANISE SUPPORT FOR EASTERN ZONE CONFERENCE

It was an evening of networking , music, fun , and conviviality as the Section on Business Law members in Rivers State played host to its national officers, members, and intending members on the 12th of March 2024.

The cocktail event, which is a prelude to the Eastern Zonal Conference of the Section, set for March 20th, was graced by the leadership of the Section, in a bid to galvanise support for the conference and to give its members in Rivers State a sense of belonging.

The occasion which was hosted by HRH Serena David Dokubo-Spiff, Founding partner Serenity Legal Union and Partners, saw the attendance of NBA bigwigs like the 19th President of NBA Hon OCJ Okocha SAN, the Founding Chairman of SBL Mr George Etomi, Council Chairman of the SBL Dr. Deoye Adefulu, chairman of the SBL Eastern Zone Management Committee Dr. Jude Ezegwui and the conference planning Committee Chairman Nnaemeka Egonu.

Others include: the former Attorney-General of Rivers-State Hon. Worgu Boms, Tonye Krukrubo SAN, former Council Member Tonye Ibisiki Esq, Chairmen of the Nigerian Bar Association of Degema, Bori and Ahoada Branches, the former Chairman of the Eastern Bar Forum S. Long-Williams Esq, amongst others.

Mr. George Etomi, in his comments at the event, observed that the SBL is always in the lead in terms of growth and mentorship of young lawyers and that it is the best place to be.

The Council Chairman Deoye Adefulu encouraged guests to register to attend the conference, being a great opportunity for learning and career advancement.

On his part, the Eastern Zone Management Committee Chairman Jude Ezegwui commended lawyers in Rivers State for their support and encouraged law firms to sponsor their staff to the Zonal Conference.

Hon. O.C.J Okocha SAN in his remarks lauded the SBL leaders for coming to Rivers State and prayed them to schedule a national conference of the SBL in the State in the near future.
While welcoming the guests, Mrs. Cordelia Eke, the Rivers State Representative in the Eastern Zone Management Committee, stressed the importance of mentorship in the growth of a lawyer, stating that she had benefitted from mentorship gained through the SBL.

Registration for the Enugu conference is still open. To register, click here https://nbasbl.org/east.

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‘JEE NKE OMA:’ SABASTINE ANYIA PENS EULOGY FOR COMRADE EZEIGWE

JEE NKEOMA COMRADE, EVANGELIST, DR. D.O.C. EZEIGWE

Dear D.O.C,

Last Friday, the 15th day of March, 2024, I joined the legal family and your family to commit the remains of your body to mother earth. As I was watching your casket being lowered, I began to cogitate on your life and time while you were with us. Your approach to life and issues were quite easy. To me, you were a jolly good fellow.

Thank you for your SMS dated 28th July, 2020 that gave me words of encouragement. I had ran NBA election for the office of Welfare Secretary of the Nigerian Bar Association against my good friend, Kunle Edun Esq. and I lost the election to him. On the 28th day of July, as early as 5:00am I got an SMS from you, (our father, mentor and a true bar man, D.O.C). The content reads: “Anyia, be courageous. You have done your best. It may not be your turn now, but certainly your turn will come one day. We know you as a true bar man. Keep your ambition alive.”

These words of encouragement endeared you more to my heart as your words gave me additional strength and belief that there are people out there who still believe in my ability to serve the Bar. To be honest, I am finding it difficult to believe that you are no more alive. I will miss your calls, where each call always ended with “by His Grace”. I will miss your fairness to issues. You were always quick with your praise as you were with any disapproval. I will truly miss the fatherly love, gestures and words of encouragement you have offered me.

I thank God for giving me the opportunity to get to know you. I thank God for the gift of your life and for the legacy you left behind in the legal profession. You were never afraid to speak out your mind on burning issues. You never discriminated, you took everyone as one. That explains why your friends cut across the entire nation. You were a very straight-forward man. I tell you most solemnly, you will never be forgotten easily in the legal palace.

David Obideje Chukwudilim Ezeigwe had made indelible strides as a lawyer and as a bar man for the enrichment of the legal profession. He was a tireless leader in law, very pleasant in disposition and great in discipline. A worthy elder in the profession. I will miss you immeasurably.

Sabastine Anyia Esq.
Former Chairman, NBA Aguata Branch & former Chairman of Committee of Chairmen and Secretaries of NBA, Anambra state.

EX BENIN CHAIR ASENOGUAN JOINS NBA VP RACE, 2 OTHERS QUIT

A former Chairman of the Nigerian Bar Association (NBA), Benin Branch, Mr. Ede Asenoguan has thrown his hat in the ring for the race for NBA 2nd Vice President in the July 20 NBA Elections, CITY LAWYER can report.

CITY LAWYER gathered that Asenoguan may have caved in to pressures from supporters and stakeholders and also in a bid to contribute to the growth of the Bar.

Meanwhile, CITY LAWYER can authoritatively report that fiery Bar Leader and former NBA Ota Chairman, Mr. Isaac Ogbah as well as former NBA Sapele Branch Chairman, Promise Ademi-Akpeto have pulled out of the race for the position of NBA Second Vice President.

This may have set the stage for a three-legged race between Asenoguan, former NBA Benin Branch Chairman Pius Oiwoh, and former NBA Lagos Branch Vice Chairman Bola Animashaun.

It is recalled that Asenoguan lost his bid to become NBA General Secretary to the incumbent Adesina Adegbite during the last elections. Adegbite polled 18,536 votes (56.2%) to defeat the three other candidates in the election, namely Yamah Desmond (8,502 votes or 25.8%), Ede Asenoguan (3,997 votes or 12.1%) and Benson Ogiegbaen (1,931 votes or 5.9%).

There are strong indications that Ogbah plans to focus on his legal challenge to the dissolution of the NBA Section of Public Interest and Development Law Executive Committee by NBA National Executive Council.

On his part, Ademi-Akpeto told CITY LAWYER that he was highly aggrieved with NBA for not looking after the interests of its members especially during his quest to ascend the Supreme Court bench, saying that “NBA is paying lip-service to the rule of law.”

Amid speculations that he has stepped down for Asenoguan, Ogbah told CITY LAWYER that he was reluctant to contest against the former Benin Branch Chairman, describing him as “my very good friend.”

His words: “I gave my word I will not contest against him. When I heard he’s contesting, I told him I would step down. Pius is my call mate; Ede is my good friend.”

CITY LAWYER gathered that while Oiwoh has maintained a low profile before now, the entry of Asenoguan into the race has roused him to action. A source told CITY LAWYER that he recently issued a statement formally declaring his intention to vie for the exalted office.

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MOHAMMED TSAV LAUDS MUSLIM FAITHFUL AT RAMADAN

The holy month of Ramadan is a time for sober spiritual reflection and sacrifice that deserves unalloyed devotion to the Almighty ALLAH.

I pray along with all our muslim brothers and sisters to the All Mighty ALLAH, the Ominiscient, the All-Seer and the Most Merciful, for HIM to grant us, the grace, wisdom and love to follow HIS true path, and that of HIS servant, Prophet Mohammed (SAW) throughout the holy month of Ramadan.

I enjoin all the faithfuls to be obedient, steadfast, and pay their obligatory dues during this period as they will ultimately be rewarded all their good deeds to humanity in hundred folds.

May the Almighty ALLAH hear and accept our Duas as we begin to observe Sawm.

Ramadan Kareem.

Mohammed I. TSAV, Esq.
Chairman Emeritus,
NBA Bwari Branch

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ECNBA SETS APRIL 5 DEADLINE FOR SUBMISSION OF NOMINATIONS

The Electoral Committee of the Nigerian Bar Association, ECNBA has released the date for the NBA National Elections 2024.

In the ECNBA Notice titled ECNBA NOTICE NO 2 signed by the Chairman of the Committee Oluseun Abimbola SAN and the Secretary, Huwaila Ibrahim dated 26th February 2024, the ECNBA stated that the NBA Election for National Officers and members of the general council of the Bar will take place in 20th July 2024.

The notice reads:

ELECTORAL COMMITTEE OF THE NIGERIAN BAR ASSOCIATION

Distinguished Colleagues

In addition to the preliminary notice of election contained in ECNBA notice No. 2, issued on the 1st day of March 2024, we observed typographical errors regarding the NEC approval date and the zoning classification of one of the offices.

The same has since been corrected on Notice no 2, as contained on our website at www.ecnba.org. For the avoidance of doubt, the zoning classification for the 2024 NBA National Election is as follows:

S/N OFFICE QUALIFICATION ZONE:

The President – Eastern Zone
A full member of the Association in private legal practice
With not less than 15 years post-call and not less than 2 years as a member of the National Executive Council (previously known as the National Executive Committee) (“NEC”) at the time of nomination, and has paid the requisite practicing fees and branch dues.

First Vice President – Eastern Zone
A full member of the Association in private legal practice;
with not less than 15 years post-call and not less than 2 years as a member of the National Executive Council (previously known as the National Executive Committee) (“NEC”) at the time of nomination and has paid the requisite practicing fees and branch dues.

Second Vice President – Western Zone
A full member of the Association with not less than 15 years post-call and not less than 2
years as a member of the National Executive Council and has paid the requisite practicing fees and branch dues.

Third Vice President – Northern Zone
A full member of the Association with not less than 15 years post-call and not less than 2
years as a member of the National Executive Council and has paid the requisite practicing fees and branch dues.

General Secretary – Northern Zone
A full member of the Association in private practice, with not less than 15 years post-call and not less than 2 years as a member of the National Executive and has paid the requisite practicing fees and branch dues.

Assistant General Secretary – Not Zoned
A full member of the Association in private practice, with not less than 5 years post call and not less than 2 years as a member of the Executive Committee of a Branch or Section or Forum at the time of nomination, has paid the requisite practicing fees and branch dues.

Treasurer – Not Zoned
Not less than 10 years post-call and not less than 2 years as a member of NEC or the Executive committee of a Branch, section, or Forum at the time of nomination and must have paid the requisite practicing fees and branch dues.

Welfare Secretary – Not Zoned
Not less than 10 years post-call and not less than 2 years as a member of NEC or the Executive Committee of a Branch or Section or Forum at the time of nomination and has paid the requisite practicing fees and branch dues.

Publicity Secretary – Not Zoned
Not less than 10 years post-call and not less than 2 years as a member of NEC or the Executive Committee of a Branch Section or Forum at the time of nomination and has paid the requisite practicing fees and branch dues.

Assistant Publicity Secretary – Not Zoned
Not less than 5 years post-call and not less than 2 years as a member of the Executive Committee of a Branch or Section or Forum at the time of nomination and has paid the requisite practicing fees and branch dues.

Further to the ECNBA Request For Proposal for Technical Support Consultant to the ECNBA issued on 19th February 2024 and posted on our website at www.ecnba.org, we hereby announce the extension of submission of proposals by interested entities or parties for the role of Technical Support Consultant to the ECNBA, till 4:00pm Monday 11th March 2024. The RFP can be downloaded at www.ecnba.org/images/course/ecnbaconsultant.pdf

Dated 5th, March, 2024.

Please review the revised version of the ECNBA NOTICE NO.2A document.

OLUSEUN ABIMBOLA SAN
Chairman.

HUWAILA IBRAHIM
Secretary.

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NEWLY ADMITTED LAWYER WEEPS AT CALL TO BAR CEREMONY (WATCH VIDEO)

A Nigerian lady who achieved her dream of becoming a solicitor and advocate of the Supreme Court shed tears of joy as the enormity of the milestone dawned on her during the Call to Bar ceremony in Abuja.

The video showed the new wig wiping tears from her eyes as the newly admitted lawyers were directed to adorn their wigs as a mark of their formal admission to the Nigerian Bar.

Surrounded by other new wigs, she was so overwhelmed by her accomplishment that she broke down in tears and beamed smiles of joy at the same time.

Giving a hint on why so was overcome with emotions, she wrote: “I have waited for this moment for 7 years: R. A. Zubairu ESQ (Barrister and Solicitor of the Supreme Court) #fyp #calltobar2024. Dependable God – Victor Thompson.”

The footage showed her being part of the solemn and prestigious ceremony where she and other newly admitted lawyers wore their official robes and wigs.

LEGIT reports that in a video that has since gone viral. the new wig was so overcome by her emotions that she could not hold back her tears and started to shake uncontrollably with happiness and gratitude.

As shared by @raamlaetarfahzuba, her achievement was a testament to her hard work, dedication, and passion for the law.

@raamlaetarfahzuba

I have waited for this moment for 7 years. 🥹🥹🥹 RA Zubairu ESQ (Barrister and Solicitor of the Supreme Court) #fyp#calltobar2024

♬ Dependable God – Victor Thompson

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WOMEN’S DAY: LEDAP URGES FG TO BACK EQUALITY

Press Statement on the International Women’s Day, 8 March, 2024

At this occasion of International Women’s Day, LEDAP calls on the Nigerian government to prioritise economic empowerment of women and to support the advocacy for equality. 
 
With the theme ‘Invest in Women: Accelerate Progress’, this year’s International Women’s Day addresses the inequalities and exclusion of women in economic and political affairs. In Nigeria, women occupy an appalling 4.5% of legislative seats and an even smaller percentage in executive positions. In businesses, women are underrepresented, and access to capital funds for the average woman is non-existent.
 
Nigeria has one of the highest rates of child marriage globally, with about 43% of girls married before the age of 18, while they also face gender-based violence, including domestic abuse, rape, and human trafficking. 
 
Investing in women is not just a moral imperative; it is an economic and social necessity. Women’s contributions to society, the economy, and the world at large are invaluable, yet they often face barriers that hinder their full potential. Approximately 60% of out-of-school children in Nigeria are girls, limiting their opportunities for personal and professional growth. Even when they graduate from school, they often encounter workplace discrimination, with some employers requesting their bodies in exchange for jobs. Women have lower workforce participation rates compared to men, and they face discrimination when seeking employment under the guise of ‘some jobs are not for women’.
 
Customary laws in many regions of Nigeria often deny women inheritance and property rights, leaving them economically vulnerable. Feminism is simply the radical notion that women are people and deserve as much right as a man, including the right to own and inherit property. 
 
By investing in women, we accelerate progress not only for women themselves but for entire communities and nations. This day serves as a reminder of the ongoing fight for women’s rights and the need to continue advocating for gender equality in all aspects of society.
 
Here at LEDAP, we firmly think that empowering women creates a more equitable, affluent, and sustainable society. We work to provide women the tools, resources, and opportunities they need through our numerous programs and projects.

As we celebrate women today, let us together accelerate progress by investing in women—because when women thrive, societies flourish. To all the remarkable women out there: may you always know your worth, stand tall in your power, and never settle for anything less than you deserve because there is absolutely nothing you cannot do. Happy International Women’s Day!

Signed:

Nora Asobara (Programme Officer)

Adaora Nwachukwu (Legal Intern)

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‘AVOID SUMMONS BY LPDC,’ BENCHERS’ MENTORING CHAIR, GADZAMA WARNS NEW WIGS

CHAIRMAN OF THE BODY OF BENCHERS’ MENTORING COMMITTEE, CHIEF JOE-KYARI GADZAMA, SAN WELCOMES THE NEW WIGS

The Chairman of the Body of Benchers’ Mentoring Committee, Chief Joe-Kyari Gadzama, OFR, MFR, SAN has heartily congratulated the 4426 fresh-from-the-oven new wigs who just got enrolled to practise law as Barristers and Solicitors of the Supreme Court of Nigeria.

The just concluded Call to Bar event, which was held at the Body of Benchers Complex in Abuja-Nigeria on the 5th, 6th and 7th days of March, 2024 was conducted by the Body of Benchers; the Legal Body of Practitioners of the highest distinction in the legal profession statutorily empowered to conduct Call to Bar ceremonies.

The distinguished Learned Silk, while welcoming the new wigs to the largest Bar in Africa, seized the opportunity to highlight that the second edition of the Body of Benchers Mentoring Program for all Young Lawyers has been scheduled to commence from June 1, 2024 till November 30, 2024. He advised them to watch out for the publication to be made in the second quarter of the year regarding the modalities for application, by the Secretary of the Body of Benchers, Mr. Daniel Tela.

He urged the new wigs and other young lawyers to take advantage of the BOB Mentoring Program when it is published; remarking that the Maiden Edition of the Mentoring Program which was held in 2023 was of tremendous benefit to the young lawyers who participated in the Program.

In his concluding words, the Life Bencher enjoined the new wigs to pay attention to every detail of the charge and admonition by the outgoing Chairman of the Body, Hon. Justice Mary Peter Odili JSC Rtd. and as contained in the BOB brochure for Call, to avoid any invitation as ‘guests’ to the Legal Practitioners Disciplinary Committee (LPDC) for misconduct.

He further added that the Rules of Professional Conduct for Legal Practitioners 2023 must be their companion at all times to keep themselves abreast with the dos and don’ts in the noble profession of law which they are all privileged to belong to.

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UNIBADAN, AFE BABALOLA, LAGOS CAMPUS TOP LAW SCHOOL ‘FIRST CLASS’ CHART

The University of Ibadan (UI) has dusted other universities by posting a whopping 27 First Class graduates from the Nigerian Law School, CITY LAWYER can authoritatively report. It enrolled 144 Bar aspirants.

According to figures obtained by CITY LAWYER, Lagos Campus of the elite vocational training school for lawyers also left other campuses behind by recording 61 First Class graduates out of the 961 Bar aspirants that enrolled in the campus.

While some of the State and private universities are beginning to show their clout on the pecking order, a few ‘old generation’ universities including University of Benin with 52 aspirants, Ahmadu Bello University with 123 aspirants, Bayero University (45 aspirants), American University of Nigeria (AUN) with 19 aspirants and the ‘Foreign Students’ contingent were conspicuously missing from the First Class listing.

Hot on the heels of Lagos Campus was Port Harcourt Campus (1018 Bar aspirants) which posted 56 First Class graduates while Abuja Campus (1094 aspirants) recorded 54 First Class graduates. Kano Campus  (784) recorded 29 First Class graduates, Enugu Campus (699 aspirants)  posted 19 First Class graduates, Yola Campus (453 aspirants) followed closely with 18 First Class graduates while Yenagoa Campus brought the rear with 14 First Class graduates, though with only 299 Bar aspirants.

Among the Top 10 universities that posted First Class graduates are Afe Babalola University with 21 graduates out of a sizeable 226 aspirants, Babcock University (20 of 118 aspirants), Obafemi Awolowo University (18 of 233 aspirants), and Benson Idahosa University (12 of 104 aspirants). While the University of Lagos (153 aspirants), Nnamdi Azikiwe University (218 aspirants), University of Uyo (145 aspirants) and Olabisi Onabanjo University (186 aspirants) tied at the 6th position with 11 First Class graduates each, Lagos State University (171 aspirants) followed closely with 10 First Class graduates.

Completing the Top 10 list were Rivers State University (8 of 241 aspirants), Abia State University (7 of 151 aspirants) and Bowen University (7 of 54 aspirants) which tied with the same points as well as Adeleke University (6 of 88 aspirants) and Ebonyi State University (6 of 144 aspirants) which shared the same spot on the Top 10 log.

Among the more popular universities who managed to squeeze themselves into the First Class ranking were BAZE University (2 of 103 aspirants), University of Nigeria, Nsukka (1 of 25 aspirants), University of Jos (1 of 88 aspirants), University of Calabar (1 of 105 aspirants) and University of Ilorin (1 of 72 aspirants).

The Call to Bar ceremonies which commenced last Tuesday ends today, with prizes being given to outstanding graduates. ITY LAWYER platform on WhatsApp, click here

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UNILAG DON WINS MAJOR BANK WITHDRAWALS CASE

Professor of Law and former Dean of the Faculty of Law, University of Lagos (UNILAG), Professor Akin Ibidapo-Obe has won a landmark lawsuit against unauthorised bank withdrawals.

Justice Oluwatoyin Odusanya of an Ikeja High Court ordered four banks to pay N23,050,237. 54 as special and general damages to a claimant, Dr. (Mrs) Oluwatosin Sanu in a N53 million suit instituted against them .

Justice Odusanya awarded N3,050,237.54 as special damages, N20,000,000 as general damages against the defendants while interest was ordered to be paid on unauthorised withdrawal of N3,050,237. 59 at the prevailing bank rate from September 6, 2013 till August 5, 2014 and thereafter interest on the judgment sum at 10 per cent per annum from February 2, 2024 to the date of payment.

A copy of the judgment obtained showed that Justice Odusanya gave the awards while delivering judgment on February 2, 2024 in the suit marked ID/ADR/195/14 filed by Dr (Mrs) Sanu through her lawyer, Prof. Ibidapo-Obe.

The court, however, declined the claimant’s request for exemplary damages in the sum of N25million for being unable to prove the offence of “wanton, cruel and insolent conduct” against the 1st to the 4th defendants.

The court gave the award having established “negligence and lack of duty of care” against the four out of five banks listed as defendants in the suit marked ID/ADR/195/14..

The suit was commenced by a Writ of Summons dated August 5, 2014 in which the claimant who owns and runs’ a current and savings accounts at the Idi-Araba Branch of the 1st defendant bank stated that the two banking accounts had credit in the sum of N2,568,847.94 in the current account number and N477 379.55 in the savings account number of the 1st defendant.

According to the writ, the claimant travelled to the United States when she received an e-mail from one Mr. Olatunbosun Alakija informing her that there were purported transactions going on in her banking accounts and that the claimant promptly repudiated the purported transaction as she had her cheque book and ATM card with her on her trip to the USA.

“The claimants was then informed by the 1st defendant that a total sum of N3,050,237 had been transferred to various purported beneficiary accounts through the bank’s internet banking transactions.

The claimant stated that the 1st defendant breached the duty of care owed to her and was negligent in the management of her current banking account when it facilitated such huge withdrawals without the claimant’s knowledge and authorisation.

In their amended statement of defence, the 1st to 5th defendants stated that they were not negligent in handling the account of the claimant and that they observed safe practice in handling the internet and electronic banking transaction activities on the account.

Led by her counsel, Prof. Akin Ibidapo-Obe in her examination in-chief, the claimant adopted both the written deposition dated August 5, 2014 which were admitted as evidence in her testimony before the court.

Other exhibits which were tendered and admitted included a letter dated September 17, 2013 admitted and marked Exhibit A:, Letter dated August 26, 2013 admitted and marked Exhibit B”; Statement of Account with the Certificate of Identification and marked Exhibit C1 and C2 “

Delivering judgment in the matter, Justice Odusanya, citing several decided cases held that superior courts have held that “ a bank has a duty under its contract with its customer to exercise re:care and skill in carrying out its part with regard to the operations of contract with its customers. The duty to exercise reasonable care extends over the whole range of banking business within the contract customers.”

The judge said this duty applies to interpreting, ascertaining and in accordance with the instructions of the customer.

Justice Odusanya also held: “It is trite law that customers’ monies in the hands of the banker in the custody or under the control of the customer and such monies are property in the custody and control of the banker and payable when a request is made. Thus if anything happens to the money thereafter e.g. theft or unauthorised withdrawal, it is the banker and not the customer that absorbs the loss.”

Justice Odusanya, citing decided cases, held: “ in an action on negligence, for a plaintiff, to succeed, must in addition to pleading and establishing the particulars of negligence relied on, and also state and establish the duty of care owed to him by the defendant facts upon which that duty is founded and the breach of that duty by defendant.”

Citing more authorities, the judge further held: “It is also accepted in law that there can be no action in negligence unless there is damage. Negligence is only actionable if actual damage is proved. The gist of the action is damage and there is even no right of action for nominal damages. Negligence alone does not give a cause of action. Damage alone does not give a cause of action. The two must co-exist.

The judge listed the essential ingredients of actionable negligence to include the existence of a duty to take care of the amount owed to the complainant by the defendant; failure to attain that standard of care prescribed by the law and damage suffered by the complainant, which must be connected with the breach of duty to take care.”

The judge said once these requirements are satisfied, the defendant in law will be held liable in negligence.

Justice Odusanya held that it has been established that 1st to 4th defendant banks owed duty of care to the claimant and were negligent in the performance of their duties and that it follows that she is entitled to damages that she is claiming. .

The judge said all the defendants failed to comply with the CBN Regulation and were negligent in account opening of their customers and failed to exercise the requisite duty of care.

The judge said they also failed to comply with what even a reasonable man and professional should do especially in respect of information obtained from customers addresses and identity card.

She said the court however found that the case of negligence has not been established against the 5th defendant and consequently dismissed the case of the claimant against the 5th defendant bank accordingly.

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SPIDEL CRISIS: ”NEC NOW SEEN AS MAIKYAU’S RUBBER-STAMP” – GADZAMA

The Pioneer Chairman of NBA-SPIDEL, Joe-Kyari Gadzama, SAN has appealed to the Board of Trustees (BOT) members of the NBA, especially the Chairman, Dr. Olisa Agbakoba, SAN to intervene in the lingering leadership crisis between the NBA President and the Chairman of NBA-SPIDEL.

According to Gadzama who spoke with some journalists, “the Elders of the NBA need to step in as a matter of urgency before the profession is disgracefully dragged through the mud and the little respect the profession still commands is eviscerated.”

The learned silk who had earlier encouraged the NBA President and the leadership of the NBA-SPIDEL to sheath their swords and seek amicable and mature ways of settling their difference, decried the action of the NBA-NEC in dissolving the leadership of the NBA-SPIDEL, “even in the face of a pending lawsuit instituted by some members of NBA-SPIDEL on the issue at hand which the NBA claimed it was not served, but the General Secretary of the NBA admitted to the contrary, that NBA was served.

“This action of the NBA-NEC is antithetical and repugnant to the Association’s motto, which is, ‘Promoting the Rule of Law.’ Furthermore, it would undermine the fair-mindedness of the NBA-NEC which may now be seen as a rubber-stamp Council, acting to satisfy the yearnings of the NBA President. Recall that the NBA President is empowered under the NBA Constitution to appoint more than 100 members of the NBA-NEC. And with the benefit of hindsight, no past President and only a handful of SANs attended the Jos NEC meeting, thereby depriving the meeting additional wise counsel.

“The court action between the duo can be likened to a member of a family unit suing the head. And in this case, we must all note that SPIDEL is the connecting rod between the NBA and the Public and the activities of an organized and functional SPIDEL are essential for the eventual performance of the constitutional and statutory mandate of the NBA.”

Gadzama believes that the Elders of the NBA can still intervene to settle the debacle notwithstanding that the issue is subjudice. His interest is to see the two sides settle their disputes and he is convinced that, through the intervention of the BOT which has the mandate to come to the rescue of the Association whenever it is a a crossroads such as this one, the warring sides can come to a progressive understanding.

His words: “The courts are always available to decide who is wrong and who is right, but that legal voyage can be avoided if the NBA President and the leadership of the NBA-SPIDEL submit themselves to the BOT members for an amicable resolution of the dispute, which would better serve the profession, so that both the NBA and the newly formed Nigerian Law Society (NLS) can join hands as co-promoters of the rule of law, cause of justice, good governance, democracy, and co-fighters of impunity, injustice, corruption, etc.”

He noted that the warring parties should be focused more on unifying the members of the Association, working for their welfare, and not engaging in brawls that are of no benefit to the Association or legal profession at large.

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NBA-SBL RIVERS MEMBERS HOLD PRE-CONFAB COCKTAILS

As the countdown to the maiden edition of the Nigerian Bar Association Section on Business Law (NBASBL) Eastern Zonal Conference hots up, the members of the Section in Rivers State will be holding pre-conference cocktails in Port-Harcourt on Tuesday, March 12, 2024. The inaugural NBASBL Eastern Zonal Conference holds on March 20, 2024 in Enugu. 

According to the NBASBL Eastern Zone Representative in Rivers State, Mrs. Cordelia Eke, the cocktails is open to members and intending members of NBASBL in Port Harcourt.

“The event would afford attendees an opportunity to network, share information about the conference, unwind and enjoy good music from a live band and lots more,” she told CITY LAWYER.

Eke, who is a former Secretary of the Electoral Committee of the NBA (ECNBA), noted that the cocktails is being hosted by Serenity Legal Union and Partners by 4 pm at their office at Jessy and Jenny Street, Trans Amadi, Port Harcourt.

The inaugural conference has as its theme, “Unlocking Prosperity: Exploring the Legal and Entrepreneurial Business Opportunities in the Eastern Zone of Nigeria”. The one-day conference will hold at Hotel Sunshine, Plot C5, Presidential Road, Independence Layout, Enugu.

Registration fees for young lawyers who are SBL members is N5,000; for young lawyers who are non-SBL members, it is N10,000, inclusive of free SBL membership in 2024. Senior lawyers with more than seven years of post-call experience who are SBL members will pay N15,000 while senior lawyers with more than seven years of post-call experience (non-SBL members) will pay N20,000, also inclusive of free SBL membership in 2024.

For sponsorship and further inquiries, contact info@nbasbl.org, Ehi Barnabas Henry on 08037780864 or Tony Atambi on 07063090833.

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‘WHY WE SACKED NBA-SPIDEL EXCO, OTHERS’ – MAIKYAU

The Nigerian Bar Association (NBA) has given reasons why it sacked the Executive Committee of its Section on Public Interest and Development Law (SPIDEL).

In a communique signed by NBA President, Mr. Yakubu Maikyau SAN and NBA General Secretary, Mr. Adesina Adegbite, the association stated that “NEC condemned the actions of the Chairman of Section on Public Interest and Development Law (SPIDEL) which undermines the authority of the President and the Council. Consequently, NEC resolved and directed the immediate removal of the members of the Executive Committee of SPIDEL. NEC also ratified all the actions taken by the President with respect to SPIDEL and directed that all actions filed by John Aikpoko-Martins and Funmi Adeogun, purportedly on behalf of NBA-SPIDEL be discontinued forthwith.”

It listed the lawsuits as Suit No. FHC/ABJ/CS/1285/2023 – John Aikpokpo-Martins Esq & 2 Ors v. Federal Government of Nigeria & 2 Ors; Suit No. FHC/ABJ/CS/90/2024 – John Aikpokpo-Martins, Esq & Anor v. Ms. Hannatu Musa Musawa & 3 Ors; Suit No. FHC/ABJ/CS/246/2024 – John Aikpokpo-Martins & Anor v. The Inspector General of Police & 3 Ors; Suit No. FHC/ABJ/CS/247/2024 – John Aikpokpo-Martins, Esq & Anor v. The Inspector General of Police & Anor; Suit No. FHC/ABJ/CS/248/2024 – John Aikpokpo-Martins, Esq & Anor v. The Inspector General of Police & Anor.

The NBA also stated that “NEC further approved the constitution of a Caretaker Committee to manage the affairs of the SPIDEL with additional mandate to investigate the circumstances leading to the filing of actions in court without approval of NEC. The Caretaker Committee comprised of the following members: Sir Steve Adehi, SAN (Chairman), Yakubu Philemon, SAN (Member), Ben Oji (Secretary), Ronke Adeyemi (Member), and Eva Amadi (Member).”

CITY LAWYER recalls that some leading human rights activists had condemned the NEC resolution, saying it did not follow due process.

COMMUNIQUE OF THE NBA-NEC MEETING FOR THE 1ST QUARTER OF 2024

Distinguished Colleagues,

The National Executive Council (NEC) of the Nigerian Bar Association (NBA) had its meeting for the 1st quarter of 2024 in Jos on the 29th day of February 2024.

The national officers, sections, institutes, committees, and fora of the NBA all rendered report to the NEC, which is the highest decision making organ of the NBA, after the Annual General Meeting (AGM). NEC considered all of these reports, as well as other issues relating to the state of the bar and the nation.

Attached is the communique of the said NEC meeting, which reflects “…the unequivocal commitment of the leadership of the Nigerian Bar Association to strengthen the legal profession and its institutions, ensure professional integrity, promote rule of law and justice, and advance the course of the nation building.”

Akorede Habeeb Lawal
National Publicity Secretary, NBA

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FOREX: FG WITHDRAWS CHARGES AGAINST 21 LAGOS BDC OPERATORS

The Federal Government has withdrawn charges filed against 21 Bureau De Change (BDC) operators recently arrested at Alade Market, Lagos, CITY LAWYER can authoritatively report.

When the matter came up for arraignment of the foreign exchange operators, the Prosecutor, ASP Umaru Bello told the court that the Federal Government was desirous of withdrawing the charges.

Lead Counsel for the defendants, Mr. Chino Obiagwu SAN did not object to the application by the prosecutor. The charges titled Charge No: FHC/L/C/133C/2024 were struck out by Justice Lewis Allagoa.

It was however unclear at press time whether the arrested persons would again be charged to court, as they were taken back into detention at the Lagos State Criminal Investigation Department (SCID), Panti , Lagos.

One of the charges reads: “THAT YOU IBRAHIM JUBRIL ‘M,’ ABDULLAHI ABUBAKAR ‘M,’ IBRAHIM HASSAN ‘M,’ ADAMU ISIAKA ‘M,’ IBRAHIM ABDULRAHMAN ‘M,’ JUBRIL HASSAN ‘M,’ MOHAMMED ISIAKA ‘M,’ MOHAMMED AMINU ‘M,’ ADAMU IBRAHIM ‘M,’ HASSAN AHMADU ‘M,’ SALISU HAMIDU ‘M,’ MAHMOUD MOHAMMED ‘M,’ MURTALA USMAN ‘M,’ HASSAN YAKUBU BALGUDA ‘M,’ ABDULLAHI KABIRI MOHAMMED ‘M,’ ALI SADAM ‘M,’ AHAMADU YUSUF ‘M,’ ABDULLAHI HUSSAIN, ALHAJI SIDO AND OTHER (SIC) STILL AT LARGE ON OR BEFORE THE 21ST DAY OF FEBRUARY, 2024 WITHIN THE METROPOLIS OF LAGSO, NIGERIA WITHIN THE JURISDICTION OF THE FEDERAL HIGH COURT OF NIGERIA, DID INTENTIONALLY, KNOWINGLY/UNLAWFULLY CONSPIRES (SIC) WITH EACH OTHER AND OTHERS AT LARGE , TO OPERATE FOREX TRADINGS AS BUREAU DE CHANGE (BDC) WITHIN DESIGNATED STREETS IN LAGOS, WITHOUT DISPLAY/BEING IN POSSESSION OF LICENSE TO OPERATE SAME, AND THEREBY COMMITTED AN OFFENCE CONTRARY TO AND PUNISHABLE UNDER SECTION 17(a)(b)(c) OF THE MONEY LAUNDERING (PROHIBITION) ACT CAP. M18 LAWS OF THE FEDERATION OF NIGERIA 2020.”

Following the free fall of the Naira, the Federal Government has unleashed a crack down on parallel market and bureau de change operators in a bid to contain the situation.

Some analysts have however queried the strategy, wondering whether it would solve the problem of general shortage of foreign currency which puts pressure on the Naira.

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AFAM OSIGWE MOURNS IDEHEN, THRILLS LAW SCHOOL STUDENTS

NEWS RELEASE

“Remembering the Legacy: A Tribute to Charles Idehen, Champion of Justice”

By Afam Osigwe, SAN

Mr. Charles Idehen’s legacy reverberates through his profound contributions to the legal profession and his unwavering commitment to justice and the rule of law. As a former President of the Nigerian Bar Association (NBA) and later the African Bar Association (AfBA), Pa Idehen epitomized integrity, leadership, and dedication.

Elected as NBA President in 1989, his tenure marked a period of significant advancement in Nigeria’s legal landscape. His leadership was characterized by a steadfast commitment to upholding the principles of justice, fairness, and accountability. Idehen’s tenure was marked by his tireless efforts to bridge divides within the legal community and foster collaboration among legal practitioners.

Beyond his national leadership role, Mr. Idehen’s influence extended across the African continent. His presidency of the AfBA provided him with a platform to advocate for the rule of law and promote legal reforms across borders. Idehen’s legacy as a bridge-builder is evidenced by his efforts to mediate conflicts and promote dialogue in various African nations, earning him respect and admiration from colleagues and counterparts alike.

His foray into politics, particularly his gubernatorial bid in Bendel State, exemplified his commitment to public service and his desire to effect positive change beyond the confines of the legal profession. His decision to transition from law to politics underscores his belief in the power of governance to shape societies and advance the cause of justice.

Throughout his career, he remained a stalwart defender of human rights and a vocal advocate for the marginalized and oppressed. His passion for justice and his unwavering dedication to the rule of law serve as an enduring inspiration to all who strive for a more just and equitable society.

In this moment of loss, we reflect on Mr. Charles Idehen’s profound impact on the legal profession, his steadfast commitment to justice, and his enduring legacy as a champion of the rule of law. Though he may have departed this world, his legacy will continue to inspire generations of legal practitioners and advocates for years to come.

“Embracing Opportunity: Afam Osigwe’s Inspiring Address to the Nigerian Law School Class of 2023”

At the celebratory dinner for the Nigerian Law School Class of 2023, Afam Osigwe, a distinguished Senior Advocate of Nigeria (SAN), delivered an inspiring address to the aspiring lawyers poised to be called to the bar. With an aura of wisdom and experience, Osigwe conveyed a message of hope and opportunity, urging the new wigs to embrace the legal profession with zeal and determination.

In his eloquent speech, Osigwe emphasized the vast potential within the legal field, assuring the soon-to-be lawyers that there is ample room for them to grow and establish their unique place in the profession. He encouraged them to not only aspire for success but to also actively seek ways to make a meaningful impact in their legal careers.

Acknowledging the diversity of ambitions and backgrounds among the new wigs, Osigwe highlighted the boundless opportunities available to each of them, regardless of their academic achievements or personal circumstances. His words resonated with optimism and a belief in the transformative power of the law to effect positive change in society.

As the evening progressed, Osigwe extended his warm congratulations to his colleagues in equity, wishing them success as they prepared to embark on their journey in the legal profession. His words of encouragement served as a beacon of guidance for the Class of 2023, instilling in them the confidence and determination to excel in their future endeavors as legal practitioners in Africa’s vibrant legal landscape.

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GADZAMA, TANTITA BOSS HAIL KAYODE AJULO AS ONDO A-G

Congratulatory messages are still pouring in for the newly appointed Ondo State Attorney-General and Commissioner for Justice, Dr. Kayode Ajulo SAN.

In a statement made available to CITY LAWYER, the immediate past Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN said that he received the news of Ajulo’s nomination and confirmation “with great joy and a deep sense of pride.”

Continuing, the Life Bencher wrote: “Indeed, your appointment and confirmation as the Attorney General and Commissioner for Justice is well-deserved and a testament to your outstanding leadership ability and meritorious service in various notable capacities to Ondo State and our dear nation Nigeria. Without a doubt, you have contributed immensely to the development of the Ondo State and Nigeria at large, the testament of which earned you your honours as an Officer of the Order of the Niger and a Senior Advocate of Nigeria.

“It is my firm conviction that you will harness your skills, experience and expertise garnered over the years together with your strength as a youth and visionary foresight to efficiently serve the Ondo State people and Government for the betterment of Ondo State and our dear nation. Being a seasoned leader and lover of your people, it is only a matter time before Ondo State and Nigeria continue to reap from the harvest of your hard work.”

On his part, the Commandant of Tantita Security outfit in Ondo State, Senior High Chief Idowu Asonja, also congratulated the senior lawyer and human rights advocate for the “well-deserved” appointment, “owing to his wealth of experience and effective performance in legal vocation.”

In a statement obtained by CITY LAWYER, Asonja specially commended the Governor of Ondo State, Hon. Lucky Aiyedatiwa “for appointing a man with a clear vision in driving positive change and advancing the interest of Ondo State and Nigeria at large in his day-to-day public release.”

According to him, “with the appointment of Dr. Kayode Ajulo as Attorney General and Commissioner for Justice in Ondo state, I am convinced that Governor Aiyedatiwa is committed to excellent service delivery.

“I am highly impressed by the quality and reasonable people painstakingly appointed by the Governor. People who share good vision, mission and drive for their father’s land”.

“I know that Dr. Kayode Ajulo has worked hard to reach this point, and I’m so happy that he has been recognized for his hard labour with this new appointment and assignment. It is well-deserved”.

“What a wonderful blessing to have Dr. Kayode Ajulo, a man with clear vision, a visionary leader, a hardworking and diligent fellow, and a man who is genuinely interested in upholding the dignity of the sunshine state on board in government of Ondo State, assuring that the dedication and ability that got him to this level will continue to serve him well.

“Dr. Kayode Ajulo SAN is my personal and family lawyer; I know his antecedents and what (he) is capable of doing. In his common language, the progress and development of Ondo State are his major concerns. May God grant him the power, enablement and strength to achieve his long-term vision for Ondo State.”

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EXCLUSIVE: LPDC HAMMERS SENIOR LAWYER OF 41 YEARS POST-CALL FOR ABUSING ANAMBRA CHIEF MAGISTRATE

The Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers has come down heavily on a senior lawyer of 41 years post-call for using derogatory language against an Anambra Chief Magistrate.

In a February 20, 2024 direction obtained by CITY LAWYER, the Committee ordered “That the Respondent CYPRIAN OBIORA IFEANYI AGWUNA, ESQ. be and is hereby suspended from the Roll of Legal Practitioners and from engaging in the business of practicing law for a period of 24 months from the date of this DIRECTION.”

The Committee also ordered that “The Chief Registrar of the Supreme Court is hereby DIRECTED to effect the above Order and to make a notation of this DIRECTION against the name CYPRIAN OBIORA IFEANYI AGWUNA, ESQ. on the Roll of Legal Practitioners.”

CITY LAWYER gathered that the direction is sequel to an October 2, 2020 complaint by one Peter Okoye Nwankwo to the LPDC against the embattled lawyer. The applicant is a nominal complainant in a criminal matter, Charge No. MNJ/33C/2014 Commissioner of Police v Nwabueze Nwankwo & Ors pending before His Worship, Chief Magistrate Sumi Anagbogu, then sitting at Abagana, Anambra State.

Sitting as a Senior Magistrate, the court had delivered a ruling in 2018 declining a “No Case Submission” made by Agwuna. Apparently dissatisfied with the decision, the senior lawyer wrote an “Application for Transfer of Suit” to then Chief Judge of Anambra State as well as an “Application for Adjournment” dated 10th August, 2020.

The applicant had sought the following reliefs from the LPDC: (a) That the Committee applies appropriate remedies in penalizing the Respondent for his wayward allegation against the Applicant; (b) Appropriate penalties for one Peter Onwuakpa Esq. whom the Respondent often procures to endorse documents or processes whenever there is need to affix legal seals, and (c) The Applicant prayerfully desires that the Committee uses its offices to redeem the image of the law profession from undesirable practitioners and to render some sense of belonging to the society whose only hope is on the judiciary.”

Dismissing the two issues formulated by the applicant, the Committee formulated its own issue for determination as follows: “Whether from the entirety of the facts presented before this Committee and the evidence adduced, the Applicant has established a case of professional misconduct against the Respondent.”

The committee dismissed the allegation of dilatory tactics against the respondent in handling the criminal case, stating that “Counsel engaged to handle a matter is at liberty to handle the matter in the best interest of his client, to whom he owes a duty, albeit professionally.”

It also declined to sanction one Peter Onwuakpa Esq., saying that he was not joined as a party. “We cannot make Orders against a party who has not been duly brought before us, nor given an opportunity to defend the allegation against him,” the committee held, adding that only the courts can award damages for defamation.

The committee however noted that “the other arm of unethical and unprofessional conduct allegation against the Respondent can be gleaned from the contents of the accompanying documents to the Originating Application.”

Turning squarely to the alleged abuse heaped on then Senior Magistrate, the committee held that “We have carefully gone through Attach A and are alarmed at the effrontery of Counsel in describing a sitting Magistrate in the manner that the Respondent did in that Application. The Application did not only contain allegation of financial inducement by the Applicant herein on the magistrate, but equally accused the Magistrate of shamelessly telling lies, ranting and shouting at Counsel, and, not being able to appreciate legal issued before the court.”

Noting that the respondent did not deny being the author of the attached documents, the committee stated that the respondent’s statements “are to say the least demeaning of the person of the presiding Magistrate. These words were intended and actually did cajole and ridicule the presiding Magistrate.”

The committee held that “It is regrettable, and we condemn in very strong terms the language employed by the Respondent in his Application to the Chief Judge. A lawyer called to the Bar in 1983, as contained in the Respondent’s averments, is expected to conduct himself more responsibly no matter how dissatisfied and disappointed he may feel with the judex.”

In concluding, the five-member committee held as follows: “In all, we find the Respondent guilty of breaching the provisions Rule 31 of the Rules of Professional Conduct for Legal Practitioners 2007, in that he did not treat the presiding Magistrate with respect, as per the contents of ‘Attach A’ which he authored.”

Aside from ordering the suspension of Agwuna’s from the roll, the committee orderd that the direction should be brought to the notice of the Chief Registrar of the Supreme Court, the Nigerian Bar Association (NBA) President and the General Council of the Bar as well as published in THE PUNCH newspaper.

It also ordered that the direction should be served on all heads of courts, the Attorney-General of the Federal and State Attorneys-General as well as the Inspector General of Police and all State Commissioners of Police.

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NBA-NEC PERFECTS CREATION OF ETI-OSA BRANCH

The National Executive Council (NEC) of the Nigerian Bar Association (NBA) has formally pronounced the creation of NBA Eti-Osa Branch.

The decision was taken at a recent meeting of NBA-NEC held in Jos, Plateau State and sequel to an application signed by the Founding Chairman of Eti-Osa Lawyers Forum (ELF), Mr. Adewale Sanni among others requesting for the creation of the branch. 

NBA President, Mr. Yakubu Maikyau SAN said the pronouncement had become imperative given that all conditions precedent to the creation of the branch had been fulfilled. 

CITY LAWYER recalls that Lagos State Chief Judge, Justice Kazeem Alogba had recently pronounced the creation of Eti-Osa Judicial Division. 

It is mandatory that an NBA Branch must be domiciled within a judicial division of a high court.

Commending NBA for the resolution to formally establish the branch, Sanni said that “It had been a long and tortuous journey but we thank all who ensured that it was fruitful at the end.”

He singled out Maikyau and Justice Alogba for praise, saying that “It goes without saying that without their unalloyed commitment, the branch would not have been a reality. 

“I thank the NBA President, the Executive Committee and the Executive Council for refusing to play politics with the creation, and for acting swiftly upon our fulfilment of the requirements. We also thank the General Secretary whose rendition of the content and prayer in our application to NECouncil during their deliberation was most articulate, concise and persuasive.

“I must thank all ELF members in various capacities, including Learned SANs, seniors and young lawyers who have sustained this project, and who endorsed the application under their own hands to give it the authenticity it deserves.” 

The fiery Bar Leader also thanked especially “all those who have always been and supported us through their time, money and moral support, and who believed in the project from conception of the idea to locate courts in Eti-Osa, to following up, to completion, as well as the agitation for a Judicial Division and now the NBA Branch.”

Expectedly, Sanni singled out his deceased confidante, Mr. Abioye Akerele for special mention, saying that “I am sure the ELF co-founder and pioneer Secretary is now smiling in heaven.”

The NBA has set measures in motion to conduct elections for the two newly created branches of Eti-Osa and Yaba/Surulere.

BREAKING: EX NBA PRESIDENT IDEHEN DIES AT 83

A former President of the Nigerian Bar Association (NBA), Mr. Charles Idehen, is dead, CITY LAWYER can authoritatively report. 

He was elected president of the NBA in 1989 and later became the president of AfBA, a position he relinquished. He contested for the governorship of then Bendel State.

In an announcement by the President of the African Bar Association (AfBA), Mr. Hannibal Uwaifo, he stated that Idehen “will be remembered for his bridge building efforts across the Continent, his tireless fight for the enthronement and sustainance of the rule of Law and his famous interventions in conflicts across Africa.”

Below is the full text of the announcement. 

SPECIAL ANNOUNCEMENT
——————————–
DEAR COLLEAGUES,

It is with regret but deep Gratitude to God, the Almighty that announce the passing to eternity of MR CHARLES I. IDEHEN former President of the African Bar Association and former President of the Nigerian Bar Association. He was aged 83 years.

Mr IDEHEN will be remembered for his bridge building efforts across the Continent, his tireless fight for the enthronement and sustainance of the rule of Law and his famous interventions in conflicts across Africa.

In his days our former President stood behind an independent Judiciary and a prosperous Legal Profession. His EXCO set a new height for the African Bar Association.

He was a leader, mentor, father and a shinning example of humility to many of us. He was very kind and never showed his Aristocratic background. He was the only Child of his Mother. He will be greatly missed. Our prayers are with his Children and Family.

I urge you all to light up your candles 🕯️🕯️🕯️🕯️ and Pray for the repose of his Giant Soul.
May his Soul rest in eternal peace, Amen.
SGD
Hannibal Uwaifo Esq
President of the African Bar Association 😥😥😥💔💔😓 

SPIDEL SACK: ODINKALU, ADEGBORUWA, INIBEHE, OTHERS BLAST MAIKYAU, NBA-NEC

Leading human rights activists have lampooned the Nigerian Bar Association President, Mr. Yakubu Maikyau SAN and the National Executive Council (NBA-NEC) for its decision to dissolve the Executive Committee of the Section on Public Interest and Development Law (SPIDEL).

Meanwhile, CITY LAWYER gathered that there was a near-unanimous endorsement of the Mr. John Aikpokpo-Martins-led Executive Committee by SPIDEL members. It was gathered that the outpouring of solidarity was demonstrated especially on SPIDEL’s WhatsApp platform where the members vowed to resist the NEC resolution and newly appointed Caretaker Committee.

Signposting the defiance of nearly all but one SPIDEL member who spoke on the issue, fiery human rights activist Inibehe Effiong said: “Let the caretaker (committee) come and lead let’s see! Who are they going to lead?”

In a tweet which he made available to CITY LAWYER, former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu wrote: “While the interdiction of @nba_spidel remains pending at the High Courts of Lagos & Delta States respectively, @NigBarAssoc president, @YCMaikyauSAN, who is a party to both suits, chooses to endrun the courts? So much for #PromotingTheRuleOfLaw….!”

Leading human rights advocate, Mr. Ebun-Olu Adegboruwa SAN decried the sack of the SPIDEL Executive Committee, saying the dispute “should have been resolved by elders of the Bar,”

Speaking with CITY LAWYER, Adegboruwa said: “The discord between NBA and one of its Committees SPIDEL, is very unfortunate.

“The NBA exists for the protection and promotion of the rule of law and this is best expressed through its constant interventions in matters that directly affect the masses of the people.

“The dispute between NBA Exco and SPIDEL should have been resolved by elders of the Bar, especially the Board of Trustees, rather than the punitive decision of NEC that has further divided the Bar rather unite it.

“Given the state of the Nigerian nation presently, especially the challenges faced by lawyers all over, there is need to unite the various bodies within the Bar.

“Personality disputes between leaders of the Bar have no positive impact on lawyers generally and these disputes should be downplayed.

“The Bar should focus on issues affecting the Bar and the clients that they represent.”

A former Chairman of NBA Obollo-Afor Branch, Dr, Gerald Abonyi said the handwriting was all over the wall prior to the dismissal of the SPIDEL leadership. His words: “Some of us saw it coming; that type of show of power should not be found in the NBA whose motto is ‘promoting the rule of law’. The NBA is an association of lawyers; it is not a political party. We bond professionally and should depict that ethics at all times. Is the NEC resolution removing the leadership of SPIDEL and directing the withdrawal of all their matters in court not vindictive and taken to assuage the ego of Mr. President of the Bar? How then are we promoting the Rule of Law when the matter is subjudice.”

CITY LAWYER recalls that Justice Joe Egwu of Delta State High Court had ordered the claimant, former NBA-SPIDEL Publicity Secretary Godfrey Echeho to serve the court processes on the defendants by substituted means. While Maikyau was sued alongside NBA General Secretary, Mr. Adesina Adegbite “For themselves and as representing the members of the National Executive Council of the Nigerian Bar Association”), the Incorporated Trustees of the Nigerian Bar Association was also joined as a defendant.

Justice Egwu while granting the prayer for substituted service held that “With regards to prayers No. 1 and 2 contained in the motion paper, the Defendants are hereby given seven days from the date of service of the enrolled order of this Honourable court to show cause why reliefs Nos. 1 and 2 contained in the motion exparte ought not to be granted.

“The return date for the Defendants to show cause is fixed for Monday the 4th day of March 2024 and the same date is also fixed for the hearing of the motion on notice.”

CITY LAWYER gathered that NBA was duly served with the court processes and enrolled order, a situation reportedly acknowledged at the NBA-NEC meeting by Adegbite.

Saying that a similar fate befell him in the hands of NBA-NEC, former NBA Ikorodu Branch Chairman, Mr. Bayo Akinlade wrote: “@⁨GCB John Aikpokpo-Martins,⁩ the NBA belongs to no man. I felt the heavy weight of NEC once …. I was disgraced out, not given the opportunity to speak or defend myself against those who raised motions against me. I was escorted out unceremoniously with my name tag removed from my neck to show that I no longer was a member of NEC and worst still, I was removed as chairman of my branch and NEC gave the chairmanship of my branch to another who was at the NEC meeting but wasn’t even a member.

“To say the truth, I had never been so humiliated, I had overcome the intrigues of some people in my branch, stood for elections 3 times in 2 weeks because members continued to still vote for me. I gave up even then and told my colleagues that I wouldn’t contest but they said that I must and I did only to be removed by NEC, by my colleagues in other states who didn’t know anything but just accepted what the president handed down as a verdict.

“I cried that day but I was relieved also. Ikorodu barely had up to 70 active members and I was coming from the global community …. I told myself that Ikorodu and NBA as a whole didn’t need what I had to offer.”

Reacting to the dismissal of the SPIDEL Executive, a senior lawyer and SPIDEL member Lillian Eronini, said: “It’s absolute crap. We voted the executives into that position. It is very irresponsible of the NBA president to caution SPIDEL on the activities that concerns public interest. What YC has done with his gang is totally unacceptable and disgusting to say the least. I am so ashamed of the actions of the stereotype NEC. Sad!”

However, Mr. Abraham Imoisili, another SPIDEL member, said: “It was easily foreseeable. There was no way the SPIDEL Executives were going to survive politically at the NEC Meeting. A wiser course of action on the part of the SPIDEL Chairman would have been to have a genuine parley with the NBA President with a view to getting his support for future SPIDEL activities.”

CITY LAWYER recalls that the NBA-NEC had passed a resolution to dissolve the SPIDEL Executive Committee even as it appointed a five-member Caretaker Committee to oversee its affairs. The committee members are Mr. Steve Adehi SAN (Chairman), Mr. Ben Oji, Mr. Yakubu Philemon SAN, Ronke Adeyemi and Eva Amadi.

The NBA-NEC directed the committee to take steps to terminate all the public interest cases instituted by the sacked SPIDEL leadership while mandating the committee to investigate the erstwhile leadership to determine those funding the cases.

The council also approved the recommendation of the Electoral Committee of the NBA (ECNBA) that the National Officers Elections should be held on July 20, 2024.

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GADZAMA BEMOANS KILLING OF ABUJA LAWYER BY KIDNAPPERS

Chief Joe-Kyari Gadzama, SAN bemoans the unfortunate Death of Chris Agidi Chukwudi, Esq, a former Social Secretary of the NBA, Abuja Branch

Chief Joe-Kyari Gadzama, SAN has expressed sadness and rude shock over the loathsome murder of Chris Agidi Chukwudi, Esq. and extended his heartfelt condolences to his entire family, colleagues, and the Abuja Bar for this unredeemable loss.

The learned Silk described the late Chris Agidi as a fine gentleman, a sterling lawyer, and someone to always want around you. Chief Gadzama, SAN reminisced about these endearing qualities of Chris Agidi when he served as Social Secretary of the NBA Abuja Branch, while Gadzama was Chairman of the Branch in 2003 – 2004.

The Learned Silk expressed anguish at the current growing rate of insecurity which has yet again caught the life of another lawyer. He called on the authorities to do more and arrest this menace of insecurity once and for all.

Chief Gadzama urged the family to take solace in God’s word which has assured us that the Lord Almighty, Himself will comfort us in such times and prayed for strength for the family in these trying times.

News of Barrister Chris Agidi Chukwudi’s murder made rounds on Tuesday, February 27, 2024 after he had been kidnapped and held hostage for many months.

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JANADA ARBITRATION CENTRE HOLDS WEBINAR MARCH 8

Register in advance for this meeting:

After registering, you will receive a confirmation email containing information about joining the meeting.

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LEDAP MAY SUE FG OVER UK LAWYERS’ TRADE DEAL

The Legal Defence and Assistance Project (LEDAP) has warned that it may sue the Federal Government on the controversial legal services agreement between the United Kingdom and Nigeria.

In a Freedom of Information (FOI) request to the Attorney General and Minister of Justice as well as the Minister of Trade, Industry and Investments, LEDAP requested for information within seven days on the details and preceding negotiations with relevant stakeholders such as the Nigerian Bar Association and the General Council of the Bar.

In a document made available to CITY LAWYER, LEDAP warned that it would “on receipt of the details of the agreement review it, and determine if the contents and purport are not contrary to the Legal Practitioners’ Act which regulates law practice in Nigeria. It will also see if it offends the World Trade Organization rule pertaining to domestic work places.”

Continuing, LEDAP stated that it “joins the NBA in seeking to protect Nigerian laws and interest of the local legal practitioners. Undoubtedly, opening the legal practice to foreign lawyers will hurt the legal employment market, as Nigerian lawyers would not be equipped to compete with their invading UK counterparts.”

LEDAP warned that “if after 7 days of the request the information sought are not obtained, it will proceed to court to compel compliance with the request,” adding that “Under the FOI Act, the requested information is not exempted from disclosure.”

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AFAM OSIGWE WELCOMES NBA-NEC MEMBERS TO JOS

Dear colleagues,

I wish you a safe trip as you journey down to the City of Jos, Plateau State for the National Executive Council Meeting of the Nigerian Bar Association. May our deliberations be fruitful.

Welcome to Jos!

Afam Osigwe, SAN
Life Bencher/Past General Secretary of the Nigerian Bar Association

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SPIDEL VS MAIKYAU: WILL NBA-NEC, TRUSTEES DEFY COURT?

INSIGHT

It is trite that these are not the best of times as it concerns relations between the leadership of the Nigerian Bar Association (NBA) and its Section on Public Interest and Development Law (SPIDEL).

SPIDEL is one of the three sections known to the NBA Constitution (as amended). The section is a baby of foremost human rights activist, Dr. Olisa Agbakoba SAN who designed the entity – alongside fiery good governance advocate and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu – as a bulwark against impunity and executive lawlessness. It is noteworthy that Agbakoba is the Chairman of the NBA Trustees.

Over the years, and bouncing back from years of inertia, SPIDEL has undertaken key interventions that endeavour to safeguard the civic space while promoting the rule of law.

DIFFERENT STROKES

It is a measure of the critical role of SPIDEL in NBA affairs that the immediate past NBA President, Mr. Olumide Akpata adjudged SPIDEL as the “heartbeat” of NBA. SPIDEL had an excellent relationship with the Olumide Akpata regime that it conferred on the former NBA President an “Excellent Leadership Award.” Immediate past SPIDEL Chairman, Dr. Monday Ubani stated that “Akpata’s leadership style compelled SPIDEL to give him the award. It is an award that he wholeheartedly deserves.”

MAIKYAU’S ANGST

In recent times however, SPIDEL’s fortunes seem to have fallen on hard times. This is especially the case under the current NBA leadership. It is safe to say that there is no love lost between the leadership of SPIDEL and NBA under the leadership of Mr. Yakubu Maikyau SAN.

The discord peaked recently with Maikyau’s letter to SPIDEL’s Chairman, Mr. John Aikpokpo-Martins, alleging that SPIDEL was “undermining” his leadership. This came on the heels of some public-interest interventions by SPIDEL which climaxed with its lawsuit against Minister of Art, Culture and Creative Economy Hannatu Musawa and media personality Kenny Ogungbe for allegedly violating the National Youth Service Corps Act. This led Maikyau to direct SPIDEL to pause all its ongoing activities.

SPIDEL MEMBERS FIGHT BACK

In response to what they deemed as an affront on the NBA Constitution, SPIDEL members unanimously passed a vote of confidence on the section’s Executive Committee at an Extra-Ordinary General Meeting, urging it to continue with all its activities. Some SPIDEL members have also initiated lawsuits in various courts praying the courts to stem alleged unconstitutional interference by the NBA leadership in the affairs of SPIDEL.

THE COURT ORDER

Instructively, a Delta State High Court sitting at Orerokpe has directed Maikyau and NBA trustees to appear before the court to show cause why injunctions should not be granted against them as sought in a lawsuit by immediate past SPIDEL Publicity Secretary Godfrey Echeho. There are strong indications that the lawsuits and especially the order may have activated the principle of lis pendens. The principle implicates that parties must not do anything to foist a fait accompli on courts when a matter is properly before a court of law.

THE PRECEDENT: JOYCE ODUAH CASE

CITY LAWYER recalls that Justice Ahmed Mohammed of the Federal High Court in Abuja had harshly berated NBA during its face-off with then out-of-favour General Secretary Joyce Oduah. While 9 of the 11 National Officers sitting as the Executive Committee had suspended Oduah for alleged infractions, the decision was ratified by NBA-NEC notwithstanding the pendency of a lawsuit brought by the embattled former General Secretary.

Ruling on a motion brought by Oduah, the court lampooned NBA-NEC for engaging in self-help, holding that it foisted a state of helplessness on the court while impugning its majesty and integrity. Justice Mohammed held that having joined issues with the plaintiff, and with or without express order of court, no party ought to have taken any further steps on the subject matter of the litigation.

ACTIVISTS AND EXPECTATIONS

Both human rights activist, Mr. Ebun-Olu Adegboruwa SAN and Bar Leader, Mr. Jibrin Okutepa SAN also had harsh words for NBA-NEC, saying it failed the rule of law and due process tests by proceeding to take decision on the matter notwithstanding the pendency of Oduah’s lawsuit.
Said Adegboruwa: “Without mincing words, the NBA President no doubt failed the test of due process of law in the steps that he has taken pursuant to the suspension of the General Secretary. The moment the President got to know of the pending court case by the General Secretary and that an order of injunction was being sought against the suspension, he owed the court the sacred duty to keep matters on hold and stay further action on the said suspension, as a mark of respect and deference to the authority and integrity of the Court. The Motto of the NBA is RULE OF LAW and it behoves the President to err on the said of the law, even if it involves sacrifices on his part.”

In a post he made available to CITY LAWYER, Okutepa wrote: “If the news I read of the just concluded National Executive Council, of NBA that the suspension of Mrs Joyce Oduah as General Secretary of NBA has been rectified, is true, then the National Executive Council of NBA has exhibited the worst example of disrespect for the rule of law and showed total disrespect to the pending processes filed by Mrs Joyce Oduah, Challenging her suspension.”

Setting out the circumstances of the case which is on all fours with the SPIDEL-Maikyau Debacle, Okutepa wrote: “There is no dispute that Mrs. Joyce Oduah, had gone to the Federal High Court to challenge her suspension by the NEC of NBA. Those who took part in the said suspension have been sued. There was a motion for injunction pending and which NBA and incorporated Trustees of NBA are aware of. The case is suit No FHC/ABJ/CS/1426/2022. It was adjourned to 23rd August 2022.

“That decision to ratify her suspension is a bad example coming from an association that should be the vanguard of, protection of and promotion of the rule of law. Our courts have consistently frown at resorts to self-help to undermine pending processes.

“The principle is settled that the Court cannot be hamstrung by a party who changes the status quo during litigation. Thus, if a party cannot prove its case, the Court is not obliged to indulge the party because it had changed its position during litigation and it may suffer the consequences if the case is resolved against such a party. In consequence, a party who resorts to self-help cannot enjoy any favour from the Court.

“That is the essence of the dictum of Nnaemeka-Agu JSC as he then was, in Registered Trustees Apostolic Church v. Olowoleni (1990) 4 NWLR (Pt.1580) 514 at 537 where he said: “Once parties have turned their dispute over to the Courts for determinations, the right to resort to self-help ends. So it is not permissible for one of the parties to take any step during the pendency of the suit which may have the effect of fostering upon a Court a situation of complete helplessness or which may give the impression that the Court is being used as a mere subterfuge to tie the hands of one party while the party helps himself extra judicially. Both parties are to wait the result of the litigation and the appropriate order of Court before acting further.

“My lord Hon Justice Nweze JCA as he then was spoke eloquently to the point I am making when he said: “Above all, it has long been settled on the authorities that a court would not hesitate to invoke its disciplinary powers to prevent its processes from being used as a mere subterfuge. Thus, once parties have turned their dispute over to the courts for determination, the resort to self-help must end. Thenceforth, it would not be permissible for one of the parties to take any step during the pendency of the suit which may have the effect of foisting upon the court a situation of complete helplessness. Indeed, a court would always look with askance at any disingenuous approach which may give the impression that it is being used as a mere subterfuge to tie the hands of one party while the other party helps himself extra-judicially. Both parties are expected to await the result of the litigation and the appropriate order of court before acting further. As such, it is a reprehensible conduct for any party to an action or appeal, pending in court, to proceed to take the law into his hands without any specific order of the court and to do any act which would pre-empt the result of the action. The courts frown against such a conduct and would always invoke their disciplinary powers to restore the status quo, Registered Trustees, Apostolic Church v Olowoleni (1990) 6 NWLR (pt 158) 514; Combined Trade Ltd v A.S.T.B. Ltd. (1995) 6 NWLR (pt. 404) 709; Ezegbu v. F.A.T.B. Ltd. (1992) 1 NWLR (pt.220) 699. This ancient rule is even more cogent in a constitutional democracy such as ours where the Judiciary operates as “the guardian of the Constitution”. In the discharge of its guardianship role, it has a duty to ensure that every arm of Government operates only within the substantive and procedural frameworks which the Constitution ordains, AG Bendel v AG Federation [1983] ANLR 208.” Per NWEZE, JCA as he then was now JSC at PP. 40-41, paras. E-F in HON JUSTICE T. A. OYEYEMI (RTD) & ORS V. HON TIMOTHY OWOEYE & ANOR (2012) LPELR-19695(CA).”

Continuing, Okutepa said: “Why will NBA not wait and respect the pending processes which it was aware of and had engaged some senior lawyers to defend. The dispute in this matter having been handed over to the Court for determination, NBA and National Executive Council cannot be allowed to take the law into their own hands. The rule of law and the rule of force are mutually exclusive. Law rules by reason and morality. Force rules by violence and immorality. See The Military Governor of Lagos State & Anor. vs. Chief Emeka Odumegwu Ojukwu & Anor. (1986) 1 NWLR (Pt. 18) 621. A similar action was deprecated by the Supreme Court in The Military Governor of Lagos State v. Chief Emeka Odumegwu Ojukwu (supra), wherein Obaseki, J.S.C. As h/e then was stated as follows: “In the area where the rule of law operates, the rule of self-help by force is abandoned. Nigeria being one of the countries in the world which proclaim loudly to follow the rule of law, there is no room for the rule of self-help by force to operate. Once a dispute has arisen between a person and the government or authority and the dispute has been brought before Court, thereby invoking the judicial powers of the State, it is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course. The action the Lagos State Government took can have no other interpretation than the show of the intention to pre-empt the decision of the Court. The Courts expect the utmost respect of the law from the government itself which rules by the law.”

“As my lord Amina Angie JCA as he the was said in DUMBILI NWADIAJUEBOWE VS COL. C. D. NWAWO (RTD.) & ORS (2003) LPELR-7234(CA): As the Supreme Court observed in Ojukwu’s case, the judiciary cannot shirk its sacred responsibility to the nation to maintain the rule of law, and the law should be evenhanded between the government and citizens. What was the hurry? I do not see what the Delta State Government had to lose if it had waited for the substantive case to be decided before it published the Legal Notice. The law is trite that once the Court is seised of a matter, no party has a right to take the matter into his own hands. See The Military Governor of Lagos State v. Chief Emeka Odumegwu Ojukwu (supra), Regd. Trustees Apostolic Church v. Olowoleni (supra), & Bedding Holdings Ltd. v. N.E.C. (supra). It must be repeated, no one (including Government) is entitled to take the law into his own hands. The learned trial Judge was therefore right to have made the injunctive orders granted.”

“I think NBA in this case was in a fatal error rooted in self-help to have rectified the suspension being challenged in court. Court processes may be slow, but as professional association we have a duty to show example.”

CONCLUSION

As the NBA National Executive Council (NBA-NEC) meets tomorrow in Jos, all eyes are on the NBA leadership and especially NEC Members to see how the SPIDEL debacle will be tackled. For an association whose motto is “Promoting the rule of law,” stakeholders are watching to see if NBA leadership and NEC will turn a blind eye to the lawsuits and court order or do otherwise. Also, where are the NBA Trustees in all this? Will they provide overall guidance and leadership? Only time will tell.

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SPIDEL BAN: COURT ORDERS MAIKYAU, NBA-NEC, TRUSTEES TO APPEAR MARCH 4

These are not the best of times for embattled Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN as a former member of the Governing Council of NBA Section on Public Interest and Development Law (SPIDEL) has sued him over his directive to SPIDEL to pause all its activities.

While Maikyau is sued alongside NBA General Secretary, Mr. Adesina Adegbite “For themselves and as representing the members of the National Executive Council of the Nigerian Bar Association”), the Incorporated Trustees of the Nigerian Bar Association is also joined as a defendant.

Meanwhile, Justice Joe Egwu of Delta State High Court has ordered the claimant, former NBA-SPIDEL Publicity Secretary Godfrey Echeho to serve the defendants by substituted means.

Ruling on an ex-parte application brought by the claimant, Justice Egwu held that “I have carefully perused and painstakingly given due consideration to the reliefs sought, the affidavit in support, exhibits attached and the affidavit of urgency.

“I am of the firm view that this is a situation where the Defendants be given opportunity to show cause why reliefs Nos 1 and 2 contained in the motion paper ought not to be granted.”

The judge while granting the prayer for substituted service held that “With regards to prayers No. 1 and 2 contained in the motion paper, the Defendants are hereby given seven days from the date of service of the enrolled order of this Honourable court to show cause why reliefs Nos. 1 and 2 contained in the motion exparte ought not to be granted.

“The return date for the Defendants to show cause is fixed for Monday the 4th day of March 2024 and the same date is also fixed for the hearing of the motion on notice.”

Echeho had in the exparte application prayed for “An ODRER of interim injunction restraining the defendants from discussing and/or taking any decision or action with respect to the issues put in dispute in this suit at the National Executive Council meeting of the 3rd defendant holding in Jos, Plateau State on the 29th of February, 2024 or any other meeting pending the hearing of the motion on notice for interlocutory injunction.”

He also prayed for an “ORDER of interim injunction restraining the defendants from interfering in the activities of the Nigerian Bar Association Section on Public Interest and Development Law pending the hearing of the motion on notice for interlocutory injunction.”

In originating summons obtained by CITY LAWYER, Echeho is praying the court for “An order of perpetual injunction restraining the 1st and 2nd defendants (either acting as President/General Secretary or on behalf of the National Executive Council of the Nigerian Bar Association) either by themselves and/or through their agents, officers etc from further interfering with the activities of the Nigerian Bar Association Section on Public Interest and Development Law (NBA SPIDEL) except to receive reports as constitutionally provided for.”

CITY LAWYER recalls that this is the second lawsuit being slammed on Maikyau barely 24 hours after a similar suit by two ranking NBA-SPIDEL members, Messrs George Nwabunike of NBA Lagos Branch and Isaac Ogbah (former NBA Ota Branch Chairman), became public knowledge.

While the duo instituted their case in the High Court of Lagos State, Maikyau and the two other defendants will slug it out with the former NBA-SPIDEL Council member at the Delta State High Court.

According to the originating summons obtained by CITY LAWYER, the Bar Leader is suing on behalf of himself and members of NBA-SPIDEL.

It is recalled that the NBA President had directed SPIDEL to “suspend all actions presently being undertaken by SPIDEL, particularly the matters stated above, until the scheduled meeting and further directives as may be approved by the National Executive Council. Also, henceforth, you shall not undertake any engagement with any third party without prior consultation and permission from me as President with the approval of the National Executive Council of the NBA.”

He had alleged that the SPIDEL leadership was “undermining” his authority, following a flurry of lawsuits instituted by the section reportedly aimed to checkmate impunity and executive lawlessness.

Echeho is also seeking “An order setting aside the purported suspension of the activities of Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) by the 1st Defendant (acting in his capacity as the President of the Nigerian Bar Association) made on the 31st day of January, 2024 same being unconstitutional, null and void and of no effect whatsoever.”

He again urged the court for “An ORDER setting aside the purported directive of the 1st Defendant (acting in his capacity as the President of the Nigerian Bar Association) that the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) must seek their prior approval before discharging its constitutional duties, same being unconstitutional, null and void and of no effect whatsoever.”

In a 23-paragraph affidavit, the claimant argued that “the 1st and 2nd defendants by provision of the (NBA) constitution lack the power to interfere or suspend the NBA-SPIDEL and/or its activities.”

He stated that “the only obligation that NBA-SPIDEL owes the NBA-NEC is to make reports to it periodically at its meetings,” adding that “NBA-SPIDEL has not failed to do that.”

He stated that “the attempt to suspend NBA-SPIDEL by the 1st defendant will negatively impact on its intervention in the interest of the public and Legal Practitioners alike.”

Although CITY LAWYER confirmed that all the defendants have been served with the court processes, no date has been fixed for the hearing of the case.

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SCANDAL, AS LAGOS COURTS, LAWYERS GASP UNDER POWER OUTAGE

Power outage has hit some courts in the Lagos State Judiciary, prompting lawyers to decry the situation and call for urgent intervention on the matter.

CITY LAWYER investigation shows that the situation peaked yesterday when one of the courts pointedly issued a notice that it would not sit due to power outage.

The notice reads: “Good morning everyone. This is to inform everyone that Hon. Justice Oshin’s Court will not be sitting today due to the power failure at Osborne courthouse being Tuesday the 27th day of February, 2024, concerned counsel please be informed, sorry for any inconveniences caused by this information. Thank you for your usual corporation and understanding. Registrars.”

Decrying the situation, a former Attorney-General and Commissioner for Justice wrote: “Shame to the news that power failure is responsible for Court not sitting. Power failure not caused by earthquake or sunami (sic) or tornado etc. Shame!”

Continuing, he wrote: “If you know how many millions of Naira, like Security Vote of Governors, that each CJ takes, every 30 Days, as imprest, and yet….”

Joining the fray, a Law teacher wrote: “Absolute shame on us. Nigerian judiciary generates more than enough funds to cater for the needs of the judiciary. Unfortunately, judiciary leaders are doing absolutely nothing to make the judiciary effective. And no one holds judiciary leaders to account. We operate with absolute impunity.” He added that “The probate registry alone generates billions yearly. Yet, courts are dormant. No movement forward. No improvements.”

CITY LAWYER investigation shows that the outage is not restricted to Lagos High Court, as some magistrates courts in the state are also affected.

Below are comments by some lawyers on a dedicated litigation platform, even as the Lagos State Judiciary is yet to speak on the source of the problem.

Good morning gentlemen

I am appearing before Hon Justice Ipaye sitting at Osborne today.

This is almost 1030 am
And All the Courts in Osborne are in darkness
Counsel cannot sit inside the Court because of the heat. I also fathered (sic) from a counsel who appwared (sic) here yesterday (Monday) that this was the same scenario that played out yesterday

xxxxxxxxxxxxxxxxx

This is also the situation in Ikeja (High Court). The generator is now switched on around 10 am

xxxxxxxxxxxxxxxxx
Good day everyone am in Apapa cash registry, and xxxxxxxxxx (name withheld) informed me that the admin knows what she is going through as there is neither light, data nor network to enable her assess each Process for payment. Am calling out to all NBA Rep to accelerate this concern and notify the judiciary of these in apapa jurisdiction to bring up facilities to enable seamless e-filing in apapa jurisdiction.

xxxxxxxxxxxxxxxxx
I am just coming from Magistrate Court 6, Agbowa Ikorodu now.
The Court room situation is pathetic as the Courtroom was very hot and not conducive for sitting at all.- the Magistrate was using hand fan, whilst the Counsels and litigants were sweating very profusely. I was informed by the Court officials (and later saw) that the electric pole connecting the wires into the Court has fallen down, the xxxxxxxxx (name withheld) said they have complained in writing to the ACR admin but no response for over 3 weeks or so now.
The court needs 2-3 Standing fans to help air the Courtroom.

xxxxxxxxxxxxxxxxx

Good afternoon dear cooleagues (sic)

Justice Akinlade of Lagos State High Court Osborne sat without light yeaterday (sic) and also sat like that today (Wednesday).

A tough feat judging by the heat and lack of power

xxxxxxxxxxxxxxxxx

Good morning gentlemen

As at 1030 am today

Samuel Ilori Courthouse
Chief Magistrate Court Ogba is in darkness

Magistrates are all sitting in very hot courtrooms
Process officers are running their works and filings on the walkway close to their offices

Magistrate in Court 9A had to take a heat break twice in one hour

The generator normally is switched on by 9 am and is switched off by 2pm but since today it has NOT been switched on

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AFAM OSIGWE URGES SUPREME COURT REFORMS, ADVISES YOUNG LAWYERS

Afam Osigwe SAN Advocate For Urgent Reforms To Address Supreme Court Caseload

Afam Osigwe, a Senior Advocate of Nigeria, has emphasized the need for urgent reforms to address the heavy caseload burdening the Supreme Court.

Speaking on national television, Osigwe decried the large number of cases across all types of legal disputes that reach the apex court. He noted that this overworks the few justices available to adjudicate the matters.

The senior lawyer suggested amending the constitution to restrict certain cases from proceeding beyond the appeal courts of each state. He proposed that only cases involving substantial points of law or conflicts of appeal court decisions should reach the Supreme Court.

Osigwe also advocated appointing more justices to bring the Supreme Court to its full complement of 21 members. This would allow the court to sit in various panels and quicken dispensation of pending cases.

The time it currently takes for certain types of cases to reach the Supreme Court averages around 12 years, a situation that affects litigants and legal practitioners. Osigwe cited instances where cases are repeatedly adjourned, causing significant delays. These delays are not due to any fault of the parties involved but result from the sheer number of cases and a decline in the number of available justices.

Osigwe also suggested broadening the pool of candidates considered for appointment to the Supreme Court bench. He argued for diversifying the sources of appointments, extending the selection process to include academics, individuals from private practice, and judicial officers with over seven years of experience.

This expansion of the selection criteria would ensure that the pool of potential Supreme Court justices grows, ultimately addressing the recurrent issue of a declining number of justices at the Supreme Court.

The Senior Advocate stressed that reforms are urgently required to reduce the average 12-year timeline for cases at the apex court. He stated that justice delayed is justice denied and backlogs due to limited judges disadvantage litigants.

“Equipping Young Lawyers for the Digital Age: Afam Osigwe’s Advocacy at the Young Lawyers Forum Agbor Branch Summit’’

At the Young Lawyers Forum Agbor Branch summit, Afam Osigwe, SAN, passionately advocated for the necessity of equipping young lawyers with IT and digital skills in light of the rapid development of technology in legal practice.

In his keynote address on the topic “Young Lawyers as the Future of the Bar and Bench; ICT and New Horizons of Legal Practice,” the learned silk emphasized the pivotal role of young lawyers as not merely participants, but architects of the evolving legal profession. He stressed that our ability to adapt, innovate, and harness the potential of ICT will define the trajectory of the bar and bench for years to come. While acknowledging the weight of this responsibility, Osigwe also highlighted the incredible opportunity it presents for young lawyers to lead positive change and drive progress in our noble profession.

Challenges on the Horizon:
Osigwe also acknowledged the challenges inherent in integrating ICT into legal practice, with the digital divide being one of the primary obstacles. He underscored how this divide exacerbates existing disparities in access to technology and legal resources, particularly in rural or underserved areas where limited internet connectivity and technological infrastructure hinder the adoption of ICT tools, thereby creating barriers to justice for marginalized communities.

Tackling the Digital Divide:

To confront these challenges head-on, Osigwe advocated for a multifaceted approach encompassing advocacy, education, and collaboration. He emphasized the importance of advocating for policies and initiatives that promote universal access to technology and broadband internet, especially in rural areas. By engaging with policymakers and technology stakeholders, Osigwe urged young lawyers to champion efforts aimed at bridging the digital divide and ensuring that every individual has equitable access to technology in the digital age.

Promoting Digital Literacy:

Recognizing that proficiency in using technology for personal purposes does not necessarily translate to the specialized skills required for ICT-driven legal practice, Osigwe stressed the critical importance of promoting digital literacy and skills development among legal professionals and the broader community. He advocated for investment in training programs, workshops, and continuing education opportunities to equip young lawyers with the knowledge and skills needed to navigate the digital landscape effectively and leverage ICT tools to enhance legal practice.

Upholding Ethical Standards:

Osigwe also underscored the ethical complexities inherent in ICT-driven legal practice, from safeguarding client confidentiality in an era of data breaches to ensuring the integrity and reliability of AI-driven legal analysis. He emphasized the paramount importance of upholding the highest ethical standards as stewards of justice. By adhering to established ethical guidelines, staying informed about emerging issues, and seeking guidance from mentors, young lawyers can navigate the ethical challenges of ICT with integrity and professionalism.

Collaborative Solutions:

Finally, Osigwe emphasized the necessity of adopting a collaborative and interdisciplinary approach to address the challenges of ICT in legal practice. He urged young lawyers to forge partnerships with technology experts, policymakers, and community organizations to leverage collective expertise and resources in developing innovative solutions that promote access to justice, enhance efficiency, and uphold ethical standards. Through collaboration, young lawyers can harness the full potential of ICT to create a more inclusive, equitable, and effective legal system for all.

Afam Osigwe, SAN’s keynote address served as a rallying cry for young lawyers to embrace the opportunities presented by ICT while simultaneously addressing the challenges it poses. By equipping ourselves with IT skills, advocating for universal access to technology, promoting digital literacy, upholding ethical standards, and fostering collaboration, young lawyers can indeed serve as catalysts for positive change in the legal profession, ensuring that justice remains accessible to all in the digital age.

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LAWYERS DRAG MAIKYAU, NBA TRUSTEES TO COURT OVER SPIDEL BAN

Two senior lawyers have dragged the Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN to the Lagos High Court following a ban on the activities of NBA Section on Public Interest and Development Law (SPIDEL) by Maikyau.

The claimants are Mr. George Nwabunike of NBA Lagos Branch and former NBA Ota Branch Chairman, Mr. Isaac Ogbah while the defendants are Maikyau and the Registered Trustees of the NBA.

According to processes obtained by CITY LAWYER, the claimants are seeking “A declaration that the President of the Nigerian Bar Association does not have the power or right to direct the affairs of SECTION ON PUBLIC INTEREST AND DEVELOPMENT LAW (SPIDEL) or Order the Section ‘not to undertake any engagement with any third without prior consultation and permission from me as the president’ as contained in a letter dated 31 January, 2024 addressed to the Chairman of Section on Public Interest and Development.

“A Declaration that it is only the NATIONAL EXECUTIVE COUNCIL of the Nigerian Bar Association that can regulate the affairs of the Sections of the Nigerian Bar Association after reviewing their reports at Annual General Meetings of the Nigerian Bar Association.”

Also, the lawyers are seeking “An Interlocutory Injunction restraining the Defendants from taking any step or action to render nugatory this suit or any part thereof pending the hearing and determination of the Motion on Notice.”

They are also praying the court for “A Perpetual Injunction restraining the president of the Nigerian Bar Association from interfering with the activities of SECTION ON PUBLIC INTEREST AND DEVELOPMENT LAW (SPIDEL) OR ANY OTHER SECTION of the Nigerian Bar Association.”

CITY LAWYER gathered that the defendants have been duly served with the processes. However, the Lagos State High Court is yet to fix a date for the hearing of the case.

According to the claimants, the issue for determination by the court is “Whether by the relevant Sections of the Nigerian Bar Association Constitution 2015(as amended in 2021) and the Uniform Bye-Laws of the association as well as to wit; Sections 9, 17(1) of the NBA Constitution, Section 40 of the 1999 Constitution of the Federal Republic of Nigeria, Articles XI(c), XI(h), XXI, XXII, X(b) and X(c), among others of the Uniform Bye-Laws of the NBA, the President of the Nigerian Bar Association can interfere with the activities the activities of the Section on Public Interest and Development Law of the Nigerian Bar Association.”

In an accompanying 22-paragraph affidavit, Nwabunike stated that efforts to challenge the Economic and Financial Crimes Commission (EFCC) in court over its classification of lawyers under the SCUML scheme proved abortive as the NBA President did not approve litigation.

His words: “That the next thing we were informed was that the Nigerian Bar Association President informed them that he will resolve the matter without going to court. Till now, we have not seen any resolution.”

He also stated that the same fate befell the plan to sue Evercare Hospital Lekki and Lagos State University Teaching Hospital (LASUTH) over the death of Lagos lawyer, Mrs. Ijeoma Oparanozie, saying Maikyau also refused to approve the planned litigation.

CITY LAWYER recalls that Maikyau had barred the NBA-SPIDEL from proceeding with its activities, including public interest cases instituted by the section to challenge some actions of governmental agencies.

The section had also urged the court to force the NYSC to revoke the certificates that were granted to Culture Minister Hannatu Musawa and music promoter Kenny Ogungbe for allegedly running foul of the National Youth Service Corps Act.

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‘FOR CHUKWUKA IKWUAZOM, A RESULTS-DRIVEN APPROACH,’ BY REGINALD UDOM

By Reginald Udom

In this era of hybrid working, Thursdays are the new Fridays! It’s Thursday late afternoon, the perfect time for another inspiring story.

Four Thursdays ago, amid our rebranding celebrations, I took a trip down memory lane and shared some incredible moments from the early days of ALN Nigeria | Aluko & Oyebode. The response was mind-blowing! Many were amazed to learn how our firm has not only held onto its founding members but also grown and nurtured a dynamic team from its youth academy.

Today, let’s turn the spotlight on a stellar product of that youth academy – my partner and friend turned brother, Chukwuka Ikwuazom, SAN.

Chukwuka, a bona fide “AO hero”, started and dedicated his career from NYSC at our firm, with only a brief pause for an exceptional LLM at Columbia University, where he emerged as the Harlan Fiske scholar in his set.

His AO journey? Nothing short of meteoric – from NYSC Associate in 2002 to partnership in 2011. Currently, he steers the ship of our Tax Practice, advising a prestigious clientele that includes IOCs, banks and multinationals.

But Chukwuka doesn’t just decode tax laws; he contributes to elevating our profession. Elected Chairman of the Nigerian Bar Association (NBA), Lagos Branch in 2017, his impactful tenure birthed enduring legacies like the continuing legal education initiative, now adopted nationwide. In 2020, he earned the prestigious rank of Senior Advocate of Nigeria, a true testament to his legal prowess.

Now, as the Chair of the Security Agencies Relations Committee of the NBA, Chukwuka fosters collaboration between lawyers and security agencies in Nigeria. His results-driven approach recently earned him a distinguished award for outstanding services to the Bar at the last NBA Lagos Branch annual dinner.

With preparations buzzing for the next Nigerian Bar Association presidential election in June, all eyes are on the horizon, filled with admiration for what lies ahead for a remarkable leader like Chukwuka Ikwuazom SAN. #ManLikeChuka #LegalTrailblazer #RoleModel

  • Mr. Udom is the Managing Partner of Tier-1 law firm, ALN Nigeria, formerly Aluko & Oyebode

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SENIOR ADVOCATES, ALUMNI HAIL RICKEY TARFA AS HE TURNS 62

Leading Senior Advocates of Nigeria, Chief Emeka Ngige SAN and Mr. Jelili Owonikoko SAN have joined the alumni of Rickey Tarfa & Co. to celebrate Mr. Rickey Tarfa SAN as he turns 62 years today.

They variously described the foremost litigator as “a good man” and “boss of bosses,” praying for God’s healing on him.

Below are some of the birthday messages obtained by CITY LAWYER.

* Rickey Tarfa with Late Gov. Rotimi Akeredolu SAN, Femi Falana SAN, Ngige and other Bar Leaders on the eve of NBA General Election 2010 at JOGOR Centre, Ibadan 

I join other friends and well wishers in rejoicing with Rickey Tarfa on the occasion of his 62nd birthday. This is wishing him many happier returns, recovery from his ill-health, prosperity and peace of mind! I use the occasion to salute his dear wife, Rebecca for her love, care and devotion to her husband in this period of tribulation. May God Almighty restore joy, happiness and prosperity to the family! Happy birthday to a good man, Rickey.
Chief Emeka Ngige OFR, SAN

Happy birthday to my big brother and learned brother silk, Rickey Tarfa SAN. May God renew you in blessings and amplify your grace as you celebrate another added age today, 23rd February, 2024. Many happy returns.
A. J. Owonikoko SAN, FCarb.

Mr. Rickey Tarfa SAN is not a man who can be captured in one word. He is a man of many words. These words are the impressions he has consistently demonstrated to colleagues who have passed through his law firm when he was just the only one in chambers, till now that there are three major offices in Lagos, Abuja and PH.
These are some of the words that have been used to describe this great lover of mankind, this icon, this great teacher and moulder of destiny, this Angel in the apparel of a human being:

“Happy birthday to the legendary Mr. Rickey Tarfa SAN. Thank you for giving us opportunity to take baby steps as lawyers under your close watch. Wishing you the best in the new year, Sir. The longer you live, the brighter you shine.”
– Yemi Pitan

“Happy birthday to a true and detribalized Nigerian and Legal ICON. May the heavens present you with its Choicest Blessings”
– Chief Lawrence K. Nweke, Principal Counsel, Fount Solicitors 

“Talking about GSM numbers, I remember my excitement when Oga Rickey sent Kikani to buy GSM phones & I was given one, which I still use now. So I must have had this phone number for over 20 years!!”
– Akin Olorunfemi

RICKEY TARFA SAN is a man with the heart of God. He loves with passion. He teaches and encourages. WE ALL PRAY that God shall sustain you and perfect all that concerns you.

With love from all the ALUMNI.

Signed:
PP: Rickey Tarfa & Co. Alumni
Peters Agboola

Happy birthday my Boss, “Oloye Rickey Tarfa SAN” I pray for you on this special day that your faith in God continues to increase as you grow in strength and health, and that you find comfort in God’s love as you attain greater heights. Wishing you many blessings on a day like this. Happy birthday once again, Sir; more blessings.
Love from: O. L. Dairo (Mrs.)

Happy fabulous birthday to an ICON, an amazing Personality, a living Litigation Legend and an Incredible Boss. May you live long in good health. Happy to be identified with you on this special day of yours.
Tayo Oyedokun

On this special occasion, I want to seize the opportunity to tell you how much I appreciate you and all you did while working with you. Happy birthday to numero uno Learned silk, Boss of Bosses. You made us feel at home in a conducive working environment. God bless you for all you did, Sir. You are an unforgettable part of my success story. I love and appreciate you, Sir
Duduyemi Atta

Happy birthday to you, Sir. May you celebrate several more of this day in good health and in happiness. Congratulations, Sir.
Shuaib Alaran (Esq.)
Principal Partner
Shuaib Alaran & Associates
Lagos.

Happy birthday, Sir. I was looking forward to this day, and here we are! Today, as you mark your birthday, may the good Lord continuously abide with you, keep you in all your ways. May you continually celebrate all the days of your life. From glory to glory, victory to victory, success to success, and only upward and forward, there shall be no end. Have a blissful, joyful and glorious celebration 🍾
Keep shining.
Patience Orobator, Esq.

Happy birthday, Sir. My prayer is that Almighty God will give you good health to enjoy many more years in the future in the name of Jesus, Amen.
Tony Mgbeokwere, Esq.

 

EDO GUBER: INEC RECEIVES AKPATA’S PETITION ON LABOUR PARTY PRIMARIES (COPY)

The Independent National Electoral Commission (INEC) has taken custody of a petition by the immediate past Nigerian Bar Association (NBA) President and leading Labour Party (LP) aspirant for the forthcoming governorship election in Edo State, Mr. Olumide Akpata, CITY LAWYER can  authoritatively report.

Titled “URGENT CONCERNS OVER THE LACK OF PREPAREDNESS OF THE LABOUR PARTY FOR THE EDO STATE GUBERNATORIAL PRIMARIES,” the fiery governorship aspirant wrote: “The purpose of this letter is to bring to your attention the lack of preparedness and transparency surrounding the Labour Party’s planned primaries to produce a gubernatorial candidate for the forthcoming gubernatorial elections in Edo State.”

Akpata, who is viewed as the candidate to beat in the LP Primaries, noted that “As of today, Sunday, 18 February 2024, less than 48 hours to the LP Ward Congresses and about 96 hours to the LP Gubernatorial Primaries, I am constrained to inform you that the Labour Party has exhibited little or no preparedness for the said Ward Congresses scheduled for 20 February, 2024, to elect delegates who will vote in the primaries slated for February 23, 2024, which, by the way, is the last possible day for political parties to conduct primaries before the INEC mandated date of February 24, 2024, for all political parties to upload names of gubernatorial candidates who emerged from party primaries.”

Akpata stated that “The complete opacity around the Party’s primaries preparations points to a lack of readiness to conduct any credible process that can stand legal scrutiny. Moreso, the reluctance to carry aspirants along fuels fears that the eventual primaries outcome may have been predetermined regardless of any phantom Congress and the primaries conducted, to rubber stamp a fabricated result.”

He warned that “if things go awry, it could result in pre-election disputes to which INEC will inevitably be joined as a necessary party, thereby tying down its already meager resources and leaving the Commission to grapple with yet another unnecessary and avoidable dispute that could have been averted had the right thing been done and the warning signs heeded.”

Akpata, who is reputed as having replicated the era of the fiery and courageous Alao Aka-Bashorun as NBA President, concluded in his Save-Our-Soul to INEC Chairman: “I count on your leadership to ensure the Labour Party complies fully with the spirit of the Electoral Act 2022, as the timelines stipulated are already upon us.”

CITY LAWYER recalls that the Labour Party leadership has been embroiled in a heap of controversies, with its embattled Chairman Julius Abure being accused of large-scale corruption.

He has so far fought off a growing clamour among his lieutenants to throw in the towel.

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VALEDICTORY: CJN, AGF, NGIGE, MAIKYAU, OTHERS MOURN AKEREDOLU

The Chief Justice of Nigeria, Justice Olukayode Ariwoola; Attorney General and Minister of Justice, Prince Lateef Fagbami SAN; Chairman of the Council of Legal Education, Chief Emeka Ngige SAN; President of the Nigerian Bar Association, Mr. Yakubu Maikyau SAN, and Ondo State Governor, Mr. Lucky Ayedatiwa were among those who paid glowing tributes to late Governor Rotimi Akeredolu, SAN yesterday at the special court session held yesterday at the High Court Complex, Ibadan, Oyo State.

The jurists and Bar leaders extolled the virtues of Akeredolu, variously describing him as a forthright and courageous leader.

Opening the floodgate of encomiums, Fagbemi described Akeredolu as a “legal juggernaut” as well as “a true and detribalized Nigerian, a patriot per excellence, a quintessential leader (both in law and politics) with a large heart.”

His words: “Today, we mourn a fighter and fearless defender of truth and the masses. Hi s death is a blow to the entire legal profession and the Nigerian Bar Association as we are all indeed diminished by his death.”

Ngige described Akeredolu as a “kind man,” adding that “Upon his assumption of office (as NBA President) Aketi entrusted me with few responsibilities as he believed that I would represent the Bar well. He nominated me as a member of the National Executive Committee of NBA, a member of Body of Benchers and a member of the Appeal Committee of the Legal Practitioners Privileges Committee.”

Ngige noted that “Aketi’s era as NBA President was somehow a replica of Alao Aka-Bashorun’s era. The best organised NBA Annual General Conference in recent memory was the 2009 AGC held in Lagos. The chairperson of that historic conference was our iconic Funke Adekoya, SAN. It was a conference in which every delegate went home satisfied with its intellectual contents and takeaways. Aketi ensured that the Government of the day was held accountable for its actions and inactions leading to some people accusing him of being pro-ACN (Action Congress of Nigeria)!”

Maikyau stated that Akeredolu “firmly believed in the ability of the legal profession to make a difference in our society. It was this belief that led him into mainstream politics resulting in his being elected twice as Governor of Ondo State.”

He noted that “Aketi will be positively remembered for his forthrightness, his down-to-earth perspectives especially on matters of national importance, and for his several contributions to the growth and development of Ondo State and the entire region. Permit me to say with no fear of contradiction that, in the words of Sir Christopher Alexander Sapara Williams, Arakunrin Akeredolu lived for the direction of his people and for the advancement of the cause of his country.”

On his part, the immediate past Chairman of the NBA Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN said: “During his lifetime, the Late Aketi was a remarkable man who lived a life of great purpose and passion. He was an outstanding leader who served as a mentor to many.”

He noted that “Nigeria has indeed lost an Icon and a great asset who has made great impacts and whose soul will without doubt be immortalized by his indelible legacies which posterity will forever remember. His legacy of love for justice, wisdom and patriotism will continue to inspire those who knew him.”

According to the fledgling Nigerian Law Society (NLS), “NLS enjoins our colleagues to emulate the life and character of a true Bar man who stood up for his colleagues and for the common man.

“NLS will continue to remember Arakurin Olarotimi Akeredolu SAN and promote his legacy within the legal profession in Nigeria.”

CITY LAWYER recalls that Akeredolu served as an Attorney General and Commissioner for Justice and Governor of Ondo State. As a Bar man, he served the NBA at different times as Secretary and Chairman of the Ibadan Branch and also as the 24th NBA President.

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NDLEA ARRESTS FEMALE LAWYER ‘DRUG LORD,’ OTHERS

The National Drug Law Enforcement Agency (NDLEA) has arrested one Adaobi Nweke, identified as a drug lord and a lawyer, along with four hard drug peddlers in Umuahia during the operation.

Adaobi is said to be the daughter of a deceased alleged drug kingpin in Umuahia, Joe Kin Jagwa.

Addressing reporters about the operation, the Deputy Governor, Ikechukwu Emetu, commended the Senior Special Assistant to the Governor on Homeland Security and the NDLEA for the successful operation executed by NDLEA in collaboration with Abia State government. Hard drugs weighing 1.217 kg were seized during the joint operation in Umuahia.

Emetu said the Abia State government is committed to flushing out all forms of criminality, and described drugs as the bedrock of all criminal activities. According to him, Abia is not a haven for criminals. He warned all drug kingpins and other criminals to leave the state or face arrest.

His words: “Abia is not a safe haven for any criminal. To all drug kingpins, the directives from the Governor of Abia State is very clear, stay away from Abia State, we don’t need you.

“You are not part of the development of the state. Drugs can’t develop Abia State. We want our youths to be safe and very useful to the Government of Abia State. Drugs happen to be the bedrock of all criminal activities that can be done by any group of people.”

He said that right from the inception of Governor Alex Otti’s administration, the government promised Abia people its determination to flush out all kinds of criminality in the state, adding that it started with Lokpanta Cattle Market where kidnapping activities were taking place.

Earlier in his remark, the Senior Special Assistant to the Governor on Homeland Security, Mr. Chukwunenye Alajemba narrated how the joint operation led to the arrests.

He said: “Yesterday, the 14th day of February 2024, just before midnight, the office of the Governor on Homeland Security in collaboration with the National Drug Law Enforcement Agency (NDLEA), Abia Command conducted a successful joint operation on the premises of one Miss Adaobi Nweke at number 23 Arochukwu Street by Calabar Road where the joint team seized a very large amount of prohibited drugs, like cocaine, cannabis, methamphetamine which is called mkpurumiri and cash sum of more than N500,000.”

He alleged that Adaobi, a lawyer by profession and daughter of a late drug kingpin in Umuahia, Joe Kin Jagwa has damaged many youths through her illicit activities. Alajemba stated that the operatives also raided a popular hotel around Downbelow in Umuahia.

He said the state government had declared war on drugs and all forms of criminality in the state.

He appreciated NDLEA for its support and disclosed that the war against drugs in the state was still ongoing and advised those peddling drugs to desist forthwith.

SAHARA REPORTERS recalls that the Special Adviser to the Governor on Media and Publicity, Mr. Ferdinand Ekeoma and the State Commander of NDLEA, Adelanwa Amos Adetunsi were present at the press briefing.

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POLICE ACADEMY, 4 VARSITIES GET NOD TO OFFER LAW DEGREE

The Council of Legal Education (CLE) has given approval to the Police Academy and four universities to offer Law Degree programmes, CITY LAWYER can report.

In a statement obtained by CITY LAWYER, the council, which is the regulatory body for the training of lawyers in Nigeria, stated that the approval for the institutions to commence Law degree programmes was sequel to the universities meeting accreditation requirements to offer Bachelor of Law (LLB) degree programme.

The approved institutions are Adamawa State University, Mubi, Adamawa State; Mewar International University, Masaka, Nasarawa State; Federal University, Wukari, Taraba State; Taraba State University, Jalingo, Taraba State, and Nigerian Police Academy, Wudil, Kano State.

This was part of the resolutions taken at the quarterly meeting of the council under the chairmanship of Chief Emeka Ngige (SAN). Acting Secretary to the Council and Director of Administration, Ms. Aderonke Osho, said in a statement that the accreditation was based on the reports presented by the Board of Studies chaired by the Director-General of the Nigerian Law School, Prof. Isa Hayatu Chiroma (SAN).

The Nigerian Law School offers mandatory training for persons aspiring to practice Law in Nigeria.

The council also approved various sanctions in respect of referred admission cases as well as students involved in various forms of examination malpractice and other misconduct.

It also approved the report and recommendations of the Appointments, Promotions and Disciplinary Committee (AP&DC) headed by Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau (SAN), for the promotion and discipline of some senior academic and non-academic staff of the Nigerian Law School.

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‘UK-NIGERIA LAWYERS’ TRADE DEAL ILLEGAL, OPPRESSIVE,’ SAYS UDEMEZUE

In this article, Law teacher, MR. SYLVESTER UDEMEZUE argues that an agreement authorizing British lawyers to practise Law generally in Nigeria without an equivalent right to Nigerian lawyers is illegal and unilateral, not bilateral trade agreement

Status of a lawyer, nature and extent of his engagement in law practice are a major consideration in regulation of lawyers and the legal profession, in Nigeria. Under the Legal Practitioners Act[i] three categories of person are entitled to practice law in Nigeria.

The first class are lawyers who are “entitled to practice generally”.[ii] This class covers any lawyer who has been called to the Nigerian Bar and whose name is on the Roll of Legal Practitioners kept at the registry of the Supreme Court of Nigeria. The second class is made up of those entitled to practice by virtue of their office.[iii] Lawyer in this class include the Attorney-General of the Federation, the Attorneys-General of the various States of the Federation, and others as allowed by law. Members of this class are referred to as member of the Official Bar.

The official bar comprises all Lawyers in public practice, comprising law officers in Government Ministries, Departments, Institutions and Agencies. The head of the Official Bar in Nigeria is the Attorney-General of the Federation, while the various Attorneys-General of the States in Nigeria are heads of the Official Bar in their various States. The Constitution of the Federal Republic of Nigeria provides that “There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation”.[iv]

Members of the official bar are referred to as persons entitled to practice law in Nigeria for the purpose of their office. Hence, the Legal Practitioners Act provides that a serving exercising the functions of any of the office of the Attorney-General, Solicitor-General or Director of Public Prosecutions of the Federation of Nigeria or of a State in Nigeria or such other offices in the civil service of the Federation or of a State as the Attorney-General of the Federation or of the State, as the case may be, may by order specify, shall be entitled to practise as a barrister and solicitor for the purposes of their respective office.[v]

The Attorney-General is empowered by the Act to, by an Order[vi] expand the scope of members of the official bar, that is, lawyers entitled to practice law in Nigeria for the purpose of their offices. Pursuant to this power, occupants of the following offices in the civil service of the Federation and of the various States in Nigeria, have been designated as persons entitled to practice for the purpose of their respective offices: Directors, Deputy Directors, Assistant Directors, Chief Legal Officers, Assistant Chief of Legal Officers, Principal Legal Officers, Senior Legal Officers, Legal Officers, and Pupil Legal Officers.[vii]

However, it should be noted that a law officer or legal officer functions both in the private and public sector. Legal Officers are responsible for monitoring all legal affairs within their organization, handling both internal and external legal concerns and are tasked with doing everything in their power to keep their organization out of legal trouble.[viii] It is submitted that legal officers in private, non-government departments institutions are not among the members of the official bar, and thus are not entitled to practice law for the purpose of their offices.

The third class, usually referred to as “Lawyers Entitled to Practice Law By Warrant”, comprises lawyers who are entitled to practice law by warrant, in particular proceedings in Nigeria. The Legal Practitioners Act which is the principal enactment regulating law practice in Nigeria, provides that[ix] “If an application under this subsection is made to the Chief Justice by or on behalf of any person appearing to him to be entitled to practice as a advocate in any country where the legal system is similar to that of Nigeria and (he) is of the opinion that it is expedient to permit that person to practice as a barrister for the purpose of proceedings described in the application, he may by warrant under his hand authorize that person on payment to the Registrar of such fee not exceeding fifty naira .. to practice as a barrister for the purposes of those proceedings.”[x]

Thus, it could be seen that the Chief Justice of Nigeria is empowered to grant leave to a foreign lawyer to come and represent his client in an individual case in Nigeria, and leave. They’re at the bottom of the Table of Precedent, in the Legal Profession in Nigeria.[xi] However, such lawyers are not entitled to practice generally by say, setting up a firm in Nigerian to begin to take briefs generally as if they were lawyers duly called to the Nigerian Bar. Not even under the powers awarded the CJN under Section 2, LPA may any lawyer whose name is not on the Roll of Legal Practitioners in Nigeria, get authorized  to practice law generally in Nigeria.

Consequently, a “bilateral” agreement between the UK and Nigeria is illegal, made ultra vires and if the agreement purports to authorize or grant a blanket warrant/license to foreign lawyers (not called to the Nigerian Bar) to ply law practice business in Nigeria.

Even in respect of such individual cases/briefs (as I talked about above), in which a foreign lawyer may be give a warrant to undertake a particular law job in Nigeria, after which he leaves back to his country, neither the Minister of Trade and Investment  nor even the President of the Federal Republic of Nigeria nor anyone else, save the Chief Justice of Nigeria, possesses the power or authority to grant leave to such foreign lawyer to practice law in Nigeria. Permit me to add to the above, that assuming, but not conceding, that such an agreement was lawful, Nigeria should not sign such an agreement which has the capacity to take law jobs from lawyers in Nigeria (lawyers called to the Bar in Nigeria) and give the same to lawyers in the UK, thereby further shrinking the law practice space in Nigeria.

Meanwhile, an agreement between the United Kingdom and Nigeria which allows British Lawyers to freely practice law in Nigeria without a reciprocal right granted to Nigerian lawyers to freely practice law in the UK, cannot be validly called a bilateral agreement but a one-sided agreement. When related to investments, a bilateral agreement between two countries is one between in which each signatory country agrees to fulfill its own side of the bargain.

Typically, according to Investopedia,[xii] bilateral agreements involve an equal obligation or consideration from the offeror and the offeree — they involve concessions or obligations owed by both sides of the contract. Thus, a “bilateral agreement” between Nigeria and the UK, allowing British lawyers to practice law in Nigeria without allowing Nigerian lawyers equal right to practice law in the UK, violates a crucial character of a bilateral agreement, because it fails to create equal obligation or consideration from the offeror and the offeree.[xiii] In law, a bilateral agreement is an agreement formed by an exchange of promise for promise, between two parties, in which the promise of one party is consideration supporting the promise of the other party.[xiv]

From the above, it may be suggested, and it is so submitted, that where the promises or considerations thus exchanged are not the same in character, the agreement is unilateral, not Bilateral. Example, Obi signs an agreement with Musa in which Obi promises to drive Musa to school in exchange for Musa helping Obi to pay for a particular course’s registration upon their arrival in school. This is a UNILATERAL AGREEMENT. On the other hand, is Obi signs an agreement with Musa in which Obi promises to drive Musa to school on Mondays and Tuesdays in exchange for Musa driving Obi to school on Wednesdays and Thursdays, is a BILATERAL AGREEMENT.

Therefore, in my opinion, the agreement tagged The Enhanced Trade and Investment Partnership (ETIP)[xv] reportedly signed between Nigeria and the UK on 12 February 2024, among other provisions, permitting lawyers in the UK to freely practice law in Nigeria without an equivalent right granted to Nigerian lawyers, is all of illegal, oppressive, and one-sided.

Even if it had permitted lawyers in Nigeria to freely practice in the UK, the agreement would still be ultra vires for the reasons given above; only an amendment of extant laws may make such practice possible in each of Nigeria and the UK. If the Nigerian Government desires to have lawyers in the UK to have the right to practice law generally in Nigeria, they should seek an amendment of the Legal Practitioners Act.

Unfortunately, it is doubtful whether the Nigerian Bar Association which is the umbrella organization of all lawyers in Nigeria and other regulators and stakeholders in the legal profession in Nigeria, would not resist such a move with every weapon in their arsenals, as a move targeted to take food away from the mouhts of Nigerian lawyers.

I shall find time to write a detailed analysis on the issue. 

* Udemezue, a Law teacher, can be reached at udemsyl@gmail.com.

 ◾Further Readings◾:

See:

🅰️. *STEADILY SHRINKING LAW PRACTICE SPACE IN NIGERIA: SEE WHAT THE NIGERIAN BAR ASSOCIATION AND ITS MEMBERS MUST DO URGENTLY, TO SAVE THE PROFESSION*

(By Sylvester Udemezue & Olajumoke Shaeeb), &

🅱️.Sylvester C Udemezue and Olajumoke M. Shaeeb, *‘Delimiting Lawyers’ Involvement In Sale of Land In Light of The Steady Diminution of The Law Practice Space In Nigeria’,* (2022) 3(2) Law and Social Justice Review (LASJURE), 183.  <https://www.nigerianjournalsonline.com/index.php/LASJURE/article/view/2976> or <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3818892> or <https://www.semanticscholar.org/paper/Delimitating-the-Scope-of-Lawyers%60-Involvement-in-A-Udemezue/bcc4edbf3e22fb81a900a41e13644608c4ab5150> or <https://heinonline.org/HOL/LandingPage?handle=hein.journals/lwadsljerw3&div=51&id=&page=> or <https://www.researchgate.net/publication/350953065_DELIMITING_LAWYERS’_INVOLVEMENT_IN_SALE_OF_LAND_IN_LIGHT_OF_THE_STEADY_DIMINUTION_OF_THE_LAW_PRACTICE_SPACE_IN_NIGERIA#fullTextFileContent>

[i] Cap L11, LFN, 2004

[ii] Legal Practitioners Act, section 2(1)

[iii] Op Cit,  2(3)

[iv] Secton 150(1). Section 150(2) provides that A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of the Federation unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not less than ten years.

[v] Section 2(3)(a)

[vi] Legal Practitioners Act, Section 2(3)(b)

[vii] See: Entitlement to Practise as Barristers and Solicitors (Federal Officers) Order 1963; Entitlement to practice as Barristers and Solicitors. (National Assembly Office) (Legal Practitioners) Order 1995; Entitlement  to practice as Barristers and Solicitors (Federal Housing Authority) (legal Practitioners) Order 1995; and Entitlement to practice as Barristers and Solicitors (Federal Road Safety Commission) (Legal Officers) Order 1997.

[viii] Hon. Justice Esohe Frances Ikponmwen FCJEI: FICMC Chief Judge, Edo State,’ Legal Officers Independence: Addressing The Challenges In Public Sectors’ (edojudiciary.gov.ng November 2018) < https://edojudiciary.gov.ng/wp-content/uploads/2018/11/Legal-Officers-Independence-Addressing-the-Challenges-in-Public-Sector.pdf>. Accessed 13 February 2024.

[ix] LPA, section 2(2) 

[x] See also: Awolowo v. Usman Sarki, Minister of Internal Affairs and the Attorney-General of the Federation 1962 LLR 177; (1966) N.S.C.C. 209.

[xi] See: see section 6(3) LPA and the First Schedule to the LPA. See also

[xii] <https://www.investopedia.com/terms/b/bilateral-contract.asp#:~:text=A%20bilateral%20contract%20is%20an%20agreement%20between%20two,although%20this%20need%20not%20always%20be%20the%20case.> Accessed 13 February 2024

[xiii] Ibid

[xiv] See the Legal Dictionary by Farlex

[xv] <https://www.vanguardngr.com/2024/02/uk-signs-deal-to-allow-british-lawyers-practise-in-nigeria/#:~:text=The%20United%20Kingdom%20and%20Nigeria%20are%20set%20to,investment%20and%20open%20new%20prospects%20for%20both%20countries.>. Accessed 13 February 2024.

[i] Cap L11, LFN, 2004

[ii] Legal Practitioners Act, section 2(1)

[iii] Op Cit,  2(3)

[iv Section 150(1). Section 150(2) provides that A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of the Federation unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not less than ten years.

[v] Section 2(3)(a)

[vi] Legal Practitioners Act, Section 2(3)(b)

[vii] See: Entitlement to Practise as Barristers and Solicitors (Federal Officers) Order 1963; Entitlement to practice as Barristers and Solicitors. (National Assembly Office) (Legal Practitioners) Order 1995; Entitlement  to practice as Barristers and Solicitors (Federal Housing Authority) (legal Practitioners) Order 1995; and Entitlement to practice as Barristers and Solicitors (Federal Road Safety Commission) (Legal Officers) Order 1997.

[viii] Hon. Justice Esohe Frances Ikponmwen FCJEI: FICMC Chief Judge, Edo State,’ Legal Officers Independence: Addressing The Challenges In Public Sectors’ (edojudiciary.gov.ng November 2018) <https://edojudiciary.gov.ng/wp-content/uploads/2018/11/Legal-Officers-Independence-Addressing-the-Challenges-in-Public-Sector.pdf>. Accessed 13 February 2024.

[ix] LPA, section 2(2) 

[x] See also: Awolowo v. Usman Sarki, Minister of Internal Affairs and the Attorney-General of the Federation 1962 LLR 177; (1966) N.S.C.C. 209.

[xi] See: see section 6(3) LPA and the First Schedule to the LPA. See also

[xii] <https://www.investopedia.com/terms/b/bilateral-contract.asp#:~:text=A%20bilateral%20contract%20is%20an%20agreement%20between%20two,although%20this%20need%20not%20always%20be%20the%20case.> Accesed 13 February 2024

[xiii] Ibid

[xiv] See the Legal Dictionary by Farlex

[xv] <https://www.vanguardngr.com/2024/02/uk-signs-deal-to-allow-british-lawyers-practise-in-nigeria/#:~:text=The%20United%20Kingdom%20and%20Nigeria%20are%20set%20to,investment%20and%20open%20new%20prospects%20for%20both%20countries.>. Accessed 13 February 2024.

ATIKU’S VARSITY GETS 60 MORE LAW SCHOOL SLOTS

The Council of Legal Education (CLE) has approved 60 additional Nigerian Law School admission slots for the American University of Nigeria, Yola, CITY LAWYER  can authoritatively report. The leading private university is owned by Nigeria’s former Vice President Atiku Abubakar.

The decision was taken at the first quarterly meeting of the Council for year 2024. The meeting took place last Tuesday at the Council’s headquarters, Bwari, Abuja.

Sources at the meeting which was steered by the Council’s Chairman, Chief Emeka Ngige, SAN, told CITY LAWYER that the regulatory body expressed satisfaction with improvement in the quality of academic staff and facilities at the university.

It was also observed that unlike some universities that had come under the council’s hammer for violating their assigned admission quotas, the American University of Nigeria had continued to adhere to its allotted quota since inception.

The council therefore approved the recommendation of the Board of Studies chaired by the Director-General, Prof. Isa Hayatu Chiroma, SAN, to increase its admission quota by additional 60 slots to a total of 110 slots.

CITY LAWYER recalls that the Council had barred Baze University, a leading Abuja based private university owned by Labour Party vice presidential candidate, Dr. Datti Baba-Ahmed, from admitting students into its Law Programme for the next five years. The ban may be renewed by the Council if the infractions noted by its Visitation Panel are not remedied within the period.According to a statement made available to CITY LAWYER and signed by Ms. Aderonke Osho, Ag. Secretary & Director of Administration, the Council will take steps within the five-year moratorium period to deal with the backlog of over 347 Baze University Law graduates waiting to be admitted into the Nigerian Law School.

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FIDA MEMBERS SERENADE AFAM OSIGWE ON VAL DAY

  • OSIGWE SPEAKS ON AI AT NBA MINNA LAW WEEK

The International Federation of Women Lawyers (FIDA) Abuja Branch recently convened a meeting on February 14th, 2024, hosted by Afam Osigwe, SAN. At this gathering, esteemed colleagues gathered to deliberate on pressing matters within the legal fraternity. The occasion also served as an opportunity for members to pay tribute to Afam Osigwe, whose exemplary leadership has left an indelible mark on the legal landscape.

Afam Osigwe’s illustrious career and leadership acumen have been widely acknowledged and celebrated. His distinguished tenure as the General Secretary of the Nigerian Bar Association and Chairman of the Nigerian Bar Association, Abuja branch, underscores his unwavering commitment to the legal profession. During his tenure, Mazi Afam Osigwe demonstrated a remarkable ability to foster inclusivity and champion gender equality, earning him admiration and respect from colleagues across the spectrum.

Colleagues present at the FIDA Abuja meeting expressed heartfelt appreciation for Mazi Afam Osigwe’s visionary leadership style, characterized by a spirit of inclusiveness and a steadfast dedication to upholding the interests of all members. They lauded his efforts in spearheading innovative initiatives and safeguarding the welfare of legal practitioners during his tenure as chairman of the Abuja branch. Under his stewardship, the legal community witnessed unprecedented advancements and a renewed commitment to excellence.

In his gracious remarks, Mazi Afam Osigwe expressed gratitude for the opportunity to host the meeting and urged his colleagues to collaborate closely with the remuneration committee, which he chairs, to ensure the effective implementation of the remuneration order 2023. He emphasized the importance of self-regulation within the legal profession, noting that by adhering to prescribed fee structures, lawyers can uphold professional standards and engender trust among clients.

Mazi Afam Osigwe’s unwavering dedication to the legal profession and his tireless advocacy for fairness and equality serve as an inspiration to all. His leadership exemplifies the highest ideals of integrity, inclusivity, and excellence, setting a shining example for future generations of legal practitioners to emulate.

“Advancing Legal Practice and Advocacy: Afam Osigwe’s Contributions to the Nigerian Bar Association Minna Branch Law Week”

Afam Osigwe, SAN, participated in the Law Week organized by the Nigerian Bar Association (NBA) Minna Branch, where he contributed as a panelist during the second day’s session focused on “Artificial Intelligence and the Future of Nigerian Legal Practice.” During his discourse, Osigwe emphasized the transformative impact of artificial intelligence (AI) on the legal profession and urged his colleagues to adapt to this new paradigm. Specifically, he highlighted concerns regarding the protection of clients’ data, stressing the importance for lawyers to address issues related to data privacy within the context of AI integration.

Additionally, Osigwe actively engaged in a panel discussion on the first day centered on “Independence of the Judiciary.” During this session, he passionately advocated for the autonomy of the judiciary and underscored the pivotal role played by the NBA in safeguarding judicial independence, thereby ensuring the rule of law.

Moreover, in a hangout organized in his honor by Mr. Mohammed Ndayako, SAN, Osigwe seized the opportunity to foster camaraderie among legal practitioners. During the gathering, he urged his fellow lawyers to collaborate with the NBA Remuneration Committee, of which he serves as chairman, to facilitate the implementation of the Legal Practitioners’ Remuneration Order 2023. Osigwe emphasized that by actively engaging with this committee and assuming a proactive stance akin to that of law enforcement officers, lawyers could effectively advocate for and secure a more favorable remuneration regime.

Overall, Afam Osigwe’s participation in these events exemplifies his commitment to advancing the legal profession in Nigeria, advocating for judicial independence, embracing technological advancements, and championing the welfare of legal practitioners.

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‘TOBENNA EROJIKWE HAS TURNED CLE, MENTORING AROUND,’ – OGUNLANA

In this piece, fiery children and women’s rights advocate, MOJIRAYO OGUNLANA argues that Chairman of the Governing Board of Nigerian Bar Association Institute for Continuing Legal Education (NBA-ICLE), Mr. Tobenna Erojikwe has turned around the fortunes of lawyers though free training and mentoring.

This is exactly the reason why I support Tobenna. He has shown very clearly that he intends to confront issues. I have noticed that the gentleman does not felicitate or send goodwill messages in public. I also read what he wrote about initiating a move to end money politics in the NBA and how the other aspirants reneged on it.

His position on the Minimum Wage issue at the AGC and the YLF Summit was a class act. He took on the issues and made the points despite the President of the NBA being present in the room. I started following his activities after his presentation at the SPIDEL Conference. He took on the issues fearlessly. It then started occurring to me why he and Akpata appear to be ideological soul mates.

I have also since found that he has championed Continuing Professional Development since he came back from the UK. He was organising FREE trainings for lawyers even before becoming involved with the NBA. He was Chairman of the CLE Committee in Lagos for 4 years and turned that all important element around through his Training and Mentoring initiatives, providing a response to skills gaps questions. He is doing it at the ICLE and has done it for 3 years now. Even today, he is facilitating trainings on Blockchain despite the elections being so close by.

I see a lot of character in the man and just think that he is not celebrated enough because he is not loud and noisy.

Anyone who wants to lead us MUST show his track record. What do each of these people stand for? At least, with Tobenna I know that he was Chief Adviser to Akpata. I know that he believes in capacity building. I now know that he was the architect of the Access to Finance Scheme and a big promoter of the Remuneration conversation from inception.

Most importantly, I know that he has absolutely no connection with the NBA establishment and the ones on the outside. These things matter to me, and should matter to all of us.

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EXCLUSIVE: NIGERIAN LAW SCHOOL RESULTS OUT, 251 BAG FIRST CLASS, 604 FAIL

The Council of Legal Education (CLE) has approved and released the results for the November 2023 Nigerian Law School Bar Final Examinations, CITY LAWYER can authoritatively report.

Multiple sources who are familiar with the matter told CITY LAWYER that the results were approved last night by the Chief Emeka Ngige SAN-led Council.

Of the 5,308 Bar aspirants that sat for the examination, 251 aspirants representing 5 per cent of the candidates bagged a First Class Honours grade while 1,024 or 19 per cent made the Second Class Upper Honours grade.

On the other hand, 2,179 Bar aspirants or 41 per cent bagged the Second Class Lower grade while 967 aspirants or 18 per cent made the Pass grade. 

Aside from 283 aspirants or 5 per cent who made the Conditional Pass grade, 604 candidates or 11 per cent failed the examination and would have to resit it at a future date.

Already, some Bar aspirants have besieged the Nigerian Law School portal to view their results.

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NBA MUM, NLS KICKS AS LAWYERS DEBATE NIGERIA-UK PACT

Nigeria will today sign a trade deal that will see the country remove barriers preventing United Kingdom lawyers from practising international and foreign law in Nigeria.

Announcing the impending trade deal on its website monitored by CITY LAWYER, the UK Government wrote: “It will see Nigeria commit to working towards removing barriers preventing UK lawyers from practising international and foreign law in Nigeria, a step that could significantly increase UK legal services exports.”

The trade deal was announced in a joint statement by Ms. Kemi Badenoch, UK’s business and trade secretary, and Doris Uzoka-Anitie, Nigeria’s minister for trade and investment.

According to the UK Government, “The Enhanced Trade and Investment Partnership (ETIP) is the first the UK has signed with an African country and is designed to grow the UK and Nigeria’s already thriving trading relationship, which totalled £7 billion in the year to September 2023.” 

Many lawyers are however sharply divided on the lifting of the barriers in the legal industry, with some expressing worry that this would further erode the revenue of Nigerian lawyers.

While some lawyers wondered whether UK will accord Nigerian lawyers the same access into its legal market, others said that there is nothing new about the trade deal, adding that Nigerian lawyers already enjoy limited practice in the UK legal market.

Though the Nigerian Bar Association (NBA) is yet to react to the development, its rival body, the embattled Nigerian Law Society (NLS) has expressed worry over the move, urging the government to tread carefully.

In a statement made available to CITY LAWYER, the NLS said it is “concerned about the news,” adding that “It is not clear how this ‘Agreement’ will benefit Nigerians and the Legal Profession but a major area that must be considered before formalisation of any inter-trade on legal services must be the qualification requirements to practice law in Nigeria.”

Said Mr. Kelvin Iorzenda, a ranking NBA Section on Public Interest and Development Law (NBA-SPIDEL) member: “The NBA President will not come out and react to this piece of information now. Once SPIDEL does, it becomes his headache. Let our Dear President come out now and take his shine. No one wants to take it off him.”

Another senior lawyer wrote on an online platform: “”I doubt folks know what this portends. financial and legal services ? This can only result in one outcome, an erosion of gains made by Nigerians. With mobile money to be controlled significantly by Airtel and MTN, Nigeria and Nigerians are about to lose a huge chunk of their economy. The environment that produced the FRA, Onyiukes, Chukwurah, GOK, Jim Ovia, Dangote, Aderinokun, Wigwe and more about to be frittered out on a platter. Satellite companies and law firms will rule roost. At the risk of intemperance, this is Colonialism 2.0.”

But a UK-based senior lawyer argued that there is nothing new about the trade deal, saying: “I would like to think it will be on equivalent basis with the English ‘Registered Foreign Lawyers’ scheme whereby you can register with the SRA and carry out some limited unreserved legal work and nothing more. If you are an RFL, you can practise the law of your home state, advise on English and Welsh law and provide unreserved legal services.”

He however said that African lawyers may be experiencing some disadvantage in the UK accreditation process. His words: “Having said that, my observation is that the SRA gives higher recognition to lawyers from non African Commonwealths like Australia and New Zealand over those from Nigeria and Ghana for example. The NBA should seek same level of reciprocity as the UK accords Australians from the SRA.”

NIGERIAN LAW SOCIETY (NLS) REACTS TO AN ALLEGED REPORT OF THE FORMALIZATION OF AGREEMENTS BETWEEN UK AND NIGERIA REGARDING LEGAL SERVICES.

The NLS is concerned about the news going round the Legal Community regarding an agreement between our government and the UK government that may give room for British Lawyers to Engage in Legal Practice in Nigeria.

We acknowledge that this is not a new concept or notion and there are already areas where British Lawyers (who may also be Nigerian Citizens) practice law in Nigeria as the requirements for this are set in our laws already.

However, in light of the shrinking professional space for Nigerian Lawyers to earn a living, we at NLS call on our Government to thoroughly consider this Agreement with the UK government by first calling all the stakeholders to the table to discuss the pros and cons.

It is not clear how this ‘Agreement’ will benefit Nigerians and the Legal Profession but a major area that must be considered before formalisation of any inter-trade on legal services must be the qualification requirements to practice law in Nigeria.

Furthermore there must be clear regulations as to whether legal services can be employed directly without first reference to Nigerian lawyers. If these are not considered, Nigerian lawyers may just be holding the short end of the stick.

We therefore use this medium to encourage government to broaden the scope of the legal profession in this country by making laws for compulsory use of lawyers in every area of governance and commerce.

We encourage lawyers to visit our website at www.nls.org.ng for more information about NLS or WhatsApp 08065172866 for any complaints, suggestions or inquiries.

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FIRES GUTS KWARA HIGH COURT COMPLEX

About Forty offices and three open courtrooms were threatened by an inferno that today engulfed the Kwara State’s new High Court complex in the Government Reservation Area, Ilorin, the state capital.

The fire, which was noticed at around 7.25 am, engulfed the main building, the Registry Department, the Litigation Office and offices in the complex.

Confirming the incident, the Head of Media and Publicity of the Kwara State Fire Service, Mr. Hassan Adekunle, said the firefighters were alerted, and that they swiftly moved to combat the raging flames.

He said an investigation revealed that the inferno was triggered by a surge in the electricity supply to the area and urged the general public to prioritise safety awareness and precautions in their daily lives.

He said, “In the morning of February 13, 2024, at 07:33 hours, the Kwara State Fire Service received a distress call regarding a fire outbreak at the State High Court in Ilorin.

“Responding swiftly, the fire crew rushed to the scene to find the imposing State High Court building ablaze. This building, housing 40 offices and three open courtrooms, was in peril, with the registry department and litigation office particularly affected by the inferno.

“With commendable courage and determination, the firefighters immediately commenced their efforts to combat the raging flames. Working tirelessly, they skillfully navigated through the burning structure, deploying their expertise and resources to contain and extinguish the fire.

“Despite the daunting challenges they faced, the firefighters succeeded in saving the State High Court from complete devastation, preventing what could have been a catastrophic loss.

“Subsequent investigation into the cause of the fire revealed that it was triggered by a power surge, highlighting the importance of electrical safety measures.

“This call to action underscores the critical role that vigilance and preparedness play in preventing such tragedies from occurring in the future.”

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AFAM OSIGWE CANVASSES FAIR REMUNERATION FOR LAWYERS

NEWS RELEASE

“Afam Osigwe, SAN Champions Equitable Compensation: A Landmark Address at the Nigerian Bar Association, Benin Branch Meeting”

On Sunday, the 11th of February 2024, at the Nigerian Bar Association Benin Branch meeting, hosted by Afam Osigwe, SAN, members were treated to an insightful address regarding the imperative of collaboration with the Remuneration Committee of the Nigerian Bar Association, which he chairs, for the effective implementation of the Remuneration Order 2023. This order aims to standardize the compensation of lawyers for their legal services. In his eloquent speech, Afam underscored the pivotal role lawyers will play in ensuring the robust execution of the order, declaring emphatically that the era of meager stipends for legal services is now firmly in the past.

Afam expressed his committee’s unwavering commitment to advocating for just compensation for lawyers, likening it to a “long walk to freedom” in the realm of remuneration. He called upon his fellow legal professionals to become ambassadors for this new paradigm in remuneration, stressing the importance of educating clients to appreciate the true value of legal services. Afam highlighted a glaring disparity in compensation, citing examples such as property agents receiving higher fees than lawyers for similar transactions, and declared that such inequities are no longer acceptable in the evolving legal landscape.

The meeting drew an unprecedented turnout of branch members, indicative of the significant interest and support for Afam’s groundbreaking initiatives. It served as a platform for robust discussion and engagement, with attendees eager to contribute to the advancement of equitable compensation practices within the legal profession.

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GUNMEN KILL ANAMBRA SENIOR LAWYER, OGUEJIOFOR

Gunmen have assassinated one Chief Jude Oguejiofor, an Nnewi, Anambra State based senior lawyer.

CITY LAWYER gathered that Oguejiofor was abducted by gunmen alongside his younger brother who is a medical doctor.

While his brother was later released by the gunmen, Oguejiofor was killed, according to NEWSBAND.

Oguejiofor was the Principal Partner at Jude Oguejiofor & Co, an Nnewi based law firm. He attended Chukwuemeka Odumegwu Ojukwu University
between 2004 and 2008. He later proceeded to the Abuja Campus of the Nigerian Law School for his vocational training.

He has the traditional title of “Ositadinma Orsumoghu,” an area which has a high incidence of kidnapping.

* This is a developing story.

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‘HOW WIGWE, WIFE, SENIOR LAWYER DIED IN AIR CRASH FIRE,’ BY US OFFICIAL

A United States aviation official, Mr. Michael Graham has said that Dr. Herbert Wigwe, the Group Chief Executive Officer of Access Holdings, died alongside his wife and four others when their chartered Airbus EC130 helicopter caught fire upon impact.

The crash also claimed leading corporate lawyer, Mr. Abimbola Ogunbanjo, the scion of recently deceased Chief Chris Ogunbanjo, the Doyen of Commercial Law practice in Nigeria, CITY LAWYER can report.

The ill-fated Eurocopter EC 130 helicopter crashed near Nipton, California, USA around 10 p.m. local time on Friday. Aside from Wigwe’s Anambra-born wife, Chizoba, their son and two crew members also died in the crash.

The aircraft was flying from Palm Springs, California, to Boulder City, Nevada, just outside of Las Vegas, according Graham, a National Transportation Safety Board member.

It was operated by California-based charter company Orbic Air, took off around 8:45 p.m. and crashed just after 10 p.m. near Interstate 15 in Halloran Springs, California, Graham said.

Citing witness reports, Graham said that the helicopter caught fire upon impact, adding that witnesses also reported rain and a wintry mix when the crash happened.

Confirming the death of its helmsman, Access Bank Plc wrote on its X handle: “Today, we bid farewell to a visionary leader, @HerbertOWigwe, whose passion and unwavering commitment to excellence transformed Access into a global powerhouse.

“His legacy of excellence and compassion will continue to inspire us all.

“Rest in peace, Herbert Wigwe. Your impact will forever be felt.”

CITY LAWYER investigation shows that Ogunbanjo was the Managing Partner at the upscale Lagos law firm, Chris Ogunbanjo LP where he was described as “the Vice Chairman of the Commercial Law and Taxation Committee of the Lagos Chamber of Commerce and the President of the Nigerian Stock Exchange.”

According to the law firm, “He specializes in Capital Markets and has garnered considerable corporate finance experience.”

Ogunbanjo was the Chairman of the Nigerian Exchange Group Plc (“NGX Group” or “The Group”), a leading integrated market infrastructure group in Africa. He is reputed to have led the transformation of the Nigerian Stock Exchange (NSE) from a non-profit, member-based organisation into a public limited company, with its shares publicly quoted for all investors to participate in the ownership of the country’s oldest securities exchange.

The conversion of the then NSE, otherwise known as demutualisation, birthed the NGX Group as a non-operating holding group and the separation of the trading and regulatory arms of the Exchange.

A versatile corporate lawyer, Ogunbanjo led the emergent NGX Group in its formative years between 2021 and 2022. He had served as the President of the National Council of the NSE from 2017 to 2021. The late Ogunbanjo was credited with several landmark initiatives at the Exchange, including the launch of West Africa’s first Exchange Traded Derivatives market.

Ogunbanjo was a director on the boards of many companies including Beta Glass Plc, GTL Registrars Limited, AIICO Insurance Plc, ConocoPhillips Limited, Chris Ogunbanjo Foundation and the Advisory Board of the University of Buckingham Centre for Extractive Studies among others.

A registered Nigerian capital market consultant, Ogunbanjo is a member of the International Bar Association, Nigerian Bar Association and Institute of Petroleum.

He is reputed as a philanthropist and dedicated social worker, and was a Global Ambassador for the Cervical Cancer-Free Nigeria (CCFN) campaign, an initiative of the US-based and Standford University supported non-profit organization, Global Oncology (GO).

THE NATION reports that he was conferred with the traditional title of Bamofin of Erunwon Ijebu Kingdom and the national honour of Officer of the Order of the Federal Republic (OFR).

The NTSB is investigating the cause of the crash and was on the scene in Halloran Springs, California, Saturday night collecting evidence, Graham said at a news conference.

Meanwhile, Faleye Olushola, Wigwe’s Special Assistant reportedly escaped death by the whiskers. Media reports indicated that Olushola flew with Wigwe, his wife, son and Ogunbanjo from London, United Kingdom to Palm Spring, a city in California, US.

However, on getting to Palm Spring, Olushola declined to board the ill-fated flight going to Boulder City in Nevada, insisting that he would not travel by helicopter at night due to weather conditions. He was said to have opted to travel to Boulder City by road and escaped the air disaster, that claimed the lives of four others.

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SPIDEL VICE CHAIR HAILS OBEGOLU AS ABUJA CHAMBER PRESIDENT

Dr. Princess Frank-Chukwuani, Vice Chairman of Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), has congratulated Chief Emeka Obegolu SAN on his inauguration as the 12th President of the Abuja Chamber of Commerce and Industry.

The text made available to CITY LAWYER reads:

I am elated by your auspicious Inauguration and assumption of office, which stands as a testament to your years of excellent service and sterling leadership qualities in various areas of endeavors.

Your journey to this elevated position demonstrates dedication, leadership, and unwavering commitment to serving others. Your vision and passion will undoubtedly bring positive change and growth to Abuja Chambers of Commerce and Industry as you did in the Nigerian Bar Association, Pan African Lawyers forum(PALU), ICMC and other various organizations you have led in the past.

May your tenure be filled with great accomplishments, meaningful connections, and endless opportunities to make a difference, and take the Chamber to greater heights.

Congratulations my dear brother/friend Akajiugo 1 of Obeledu.

Keep soaring higher.

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SOLAR4ALL: OSARENREN OBAYUWANA ESQ. IS OUR ‘STAR CLIENT OF THE WEEK’

FEATURED

Solar For All: OSARENREN MATHIAS OBAYUWANA ESQ., AICMC [NBA Benin Branch]] is our “Star Client of the week”

Mr. Obayuwana, an Award-wining and astute Lawyer, has served the Bar in many capacities. He has since been deservedly recommended by the NJC for appointment as a Judge of Edo State High Court, awaiting the Governor’s swearing in.

To get an efficient Solar system anywhere in Nigeria with 25 years warranty and “Pay Small Small”, call/chat Solar For All Ltd: 08060266163.

Visit: SolarForAll.ng
(Abuja) Suite A8, Kenuj O2 Mall ,Behind Games Village.
(Lagos) No 113A, Mainland Way, Dolphin Estate, Ikoyi.
(Enugu State) Ehalumona Junction, Nsukka.

The Solar For All South-East/South-South Nigeria team are grateful to have been hosted at the Benin home of this distinguished Bar Man.

O. M. Obayuwana Esq., AICMC, called to the Nigerian Bar in October 2004, holds a Master’s degree (LLM) since 2011 from the prestigious University of Benin where he also bagged his LLB in 2003. He attended the Kano Campus of the Nigeria Law School where he bagged the award of Alhaji A. Abdu-Razaq’s Prize in Criminal Trial for the 2003/2004 session.

Osarenren Mathias Obayuwana Esq., AICMC has been in very active legal practice for about 20 years since his Call to Bar in 2004 up till June 2023 when he was recommended by the National Judicial Council (NJC) for appointment as a Judicial Officer (High Court Judge) for Edo State alongside seven others who are yet to be sworn-in by the Edo State Governor.

Prior to his recommendation for appointment, he was the Principal Counsel in the law firm of O. M. Obayuwana & Co. (Nosawema Chambers), which he established in 2010 after his pupilage with the law firm of Osagie Obayuwana & Co. (Unity Chambers) where he practiced law from 2004 to 2010 and rose to the rank of Deputy Head of Chambers (Litigations).

He was an astute Bar man with the Benin Bar (also known as the Lion Bar) where he was Chairman of the NBA Benin Public Defenders’ Committee. He is a pro-democracy and human rights advocate who has rendered bro bono services to the less privileged and oppressed in the society, bringing succor their way. He was a regular guest on Independent Television on the program ‘LAW AND YOU’ where he graciously shared his wealth of knowledge of the law with the general public on topical legal issues.

The recommendation of Osarenren Mathias Obayuwana Esq., AICMC by the National Judicial Council for appointment as a High Court Judge of Edo State is well-deserved, and it is the earnest expectation that the Governor of Edo State does the needful without further delay.

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SENIOR LAWYER, PROF. YUSUF DANKOFA IS DEAD

A senior lawyer and law teacher, Prof. Yusuf Dankofa is dead. 

Dankofa was one of the lawyers who defended the Peoples Democratic Party’s presidential candidate, Atiku Abubakar, after the 2019 Elections.

Dankofa, a lecturer at the Faculty of Law, Ahmadu Bello University, Zaria, Kaduna State, died on Tuesday. It was gathered that 61-year-old Dankofa, who died of an undisclosed ailment, has been buried according to Islamic rites.

The deceased, who hailed from Kano State, was born in Ibadan, the Oyo State capital, in 1963. He started his early education at Omolewa Nursery and Primary School in Oritamefa, Ibadan, and went on to attend his secondary education at Ahmadiyya Grammar School, now Anwar Islam Grammar School, Eleyele, Ibadan.

Dankofa further went to the University of Sokoto, now Usman Danfodiyo University, where he obtained an LL.B Hons in Law in 1987, and went to the Nigerian Law School, Lagos for his Bachelor of Law in 1988.

In 1989, he joined the Faculty of Law at ABU and later rose to the position of Professor of Law in 2015.

THE PUNCH reports that throughout his career, he displayed a commitment to social justice, focusing on International Human Rights Law and Development Law, particularly advocating for the rights of indigenous peoples and socio-economic inclusion.

Meanwhile, Abubakar, took to his X handle to commiserate with the deceased’s family.

He wrote, “I received with sadness the shocking news of the demise of a legal luminary and my counsel, Prof. Yusuf Dankofa, who died at the age of 61.

“The late legal icon who has made invaluable contributions in the field of law, especially in social justice, international human rights, and the rights of the indigenous people will be greatly missed by all.

“On behalf of my family, I join the good people of Kano State, the members of the academic community, in particular the Ahmadu Bello University (ABU), and his immediate family to mourn the deceased. May Allah comfort his family, forgive his sins and grant him AlJannah Firdaus.”

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SPIDEL’S FATE TO BE DECIDED FEB 29 AS NBA-NEC MEETS IN JOS

The fate of the Nigerian Bar Association (NBA) Section on Public Interest and Development Law (SPIDEL) will be decided on February 29, 2024 when the National Executive Council of the association meets in Jos, Plateau State.

This follows the issuance of a formal notice on the forthcoming meeting by the NBA leadership.

CITY LAWYER recalls that there has been a face-off between the SPIDEL leadership and NBA President, Mr. Yakubu Maikyau SAN, leading to a ban on SPIDEL activities by Maikyau.

While the NBA President accused SPIDEL of “undermining” his leadership, the Section fired back, alleging that Maikyau has stalled several planned initiatives aimed to promote the rule of law and public interest.

Below is the full text of the notice.

NIGERIAN BAR ASSOCIATION: NOTICE OF NATIONAL EXECUTIVE COUNCIL (NEC) MEETING

Distinguished NEC Members,

I am pleased to inform you that there will be a National Executive Council (NEC) meeting of our great association on the date, time, and venue specified hereunder:

DATE: Thursday, 29th February 2024 (Arrival is Wednesday, 28th February 2024, and Departure is Friday, 1st March, 2024)

TIME:10.00am Prompt

VENUE: Jos, Plateau State. (The actual venue shall be communicated subsequently.)

AGENDA:

Please note that attendance at this NEC meeting is open to NEC members only. The meeting shall be held Hybrid, and the link for the meeting shall be sent to NEC members in due course.

For further inquiries, please contact the General Secretary or Grace Igyo at the NBA Secretariat, Bar Services Department via 08065901348. For booking and reservation of hotel accommodation, please contact the National Welfare Secretary, Ms Chinyere Obasi, via 08035649662.

My esteemed regards.
Adesina Adegbite, FICMC, MCIArb.
General Secretary.

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‘MAIKYAU LACKS POWER TO SUSPEND SPIDEL ACTIVITIES,’ SAYS GADZAMA

The pioneer Chairman of Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Chief Joe-Kyari Gadzama SAN has aligned with the position by the SPIDEL leadership that NBA President, Mr. Yakubu Maikyau SAN lacks power to bar the activities of SPIDEL or any NBA section.

In a statement made available to CITY LAWYER, the senior lawyer and former Chairman of NBA Security Agencies Relations Committee (NBA-SARC) said that “It goes without saying that no power resides in the National Officers or the President of the NBA to stop SPIDEL or any of the other two sections ie SLP & SBL from performing their constitutional and statutory responsibilities other than in the National Executive Committee (NEC). After all, NEC has already sanctioned and pre-approved these actions by SPIDEL.”

Below is the full text of the statement.

PIONEER CHAIR, NBA-SPIDEL AND LIFE BENCHER, J-K GADZAMA SAN URGES NBA AND SPIDEL TO SHEATH THEIR SWORDS

One of the most decorated Senior Advocates of Nigeria, Chief Joe-Kyari Gadzama, OFR, MFR, SAN has reacted to the reported spat between the President of the Nigerian Bar Association (NBA) and the Officers of NBA Section on Public Interest and Development Law (NBA-SPIDEL).

Speaking to journalists who approached him as the pioneer Chairman of NBA-SPIDEL, the Life Bencher remarked that the said disagreement was unnecessary as the NBA-SPIDEL is a special and strategic Section of the Bar whose role affects both lawyers and non-lawyers.

Chief Gadzama, a former Chairman of NBA Abuja Branch noted that NBA-SPIDEL, which can be referred to as the “conscience of the Bar”, has been playing a complimentary role especially in upholding the motto of the NBA – “promoting the rule of law”. He also highlighted the fact that NBA-SPIDEL, just like the other NBA Sections, has gone the extra mile to raise its leaders internally without the intervention of the President or other National officers of the NBA.

He explained that in relation to the workings of the Section, ” I have observed that recent SPIDEL interventions are focused on delivering one of the core mandates of the NBA for which the Section was established – promoting public interest matters and litigation when needed. The current SPIDEL Executive seems to be proactive, and the truth is that it is good for good governance and accountability. However, it must be emphasized that NBA is SPIDEL, and SPIDEL is NBA, so what is required is synergy and harmonious implementation of the NBA objectives which SPIDEL can be described as pursuing presently through some of its interventions. Whatever disagreement that has occurred, in my opinion, cannot be based on whether the actions of SPIDEL are right but may be attributed to possible lapse in administrative communication as regards implementation. The gaps can be ironed out without so much fuss. Nonetheless there could be appropriate advisory intervention by the President and the National officers wherever any Section derails from its mandate. In extreme situations of organizational misconduct, the National Executive Council (NEC) will need to intervene. It goes without saying that no power resides in the National Officers or the President of the NBA to stop SPIDEL or any of the other two sections ie SLP & SBL from performing their constitutional and statutory responsibilities other than in the National Executive Committee (NEC). After all, NEC has already sanctioned and pre-approved these actions by SPIDEL.

Therefore, it is worthy to note that the required synergy will simply mean that when SPIDEL or any other Section speaks, it means the NBA is speaking. This is crucial in achieving adequate organizational communication on critical national interventions in pursuit of public interest.”

The learned silk further stated that the application of checks and balances is a cardinal principle in NBA affairs. Certain organs of NBA are constitutionally provided to ensure that the concept is applied, and that role amplifies when the NBA needs to wriggle itself out of perceived political exposure. In such situations, the relevant NBA Sections or organs must step in and do the needful, as has been done by NBA-SPIDEL in the circumstances under reference.

Chief Gadzama spoke to pressmen from his wealth of experience having served in the 3 NBA Sections in various capacities as a Council Member of NBA Section on Business Law (NBA-SBL), a Vice Chairman of NBA Section on Legal Practice (NBA-SLP) and the pioneer Chairman of NBA-SPIDEL. In conclusion, he opined thus; “SPIDEL has not violated any extant law or tradition of the Bar as the activities it embarked upon are purely within the four walls of its constitutional mandate.

“Nonetheless, in the interest of the Legal Profession, the Nigerian people and public interest, I strongly advise that reconciliatory steps be conscientiously taken by the NBA President and the National Officers on the one hand and the SPIDEL Executive and its Council Members on the other. In fact, an NBA wide engagement with its fora and Sections is needed even though the current administration is at its twilight stage. SPIDEL is the ligament between the profession of law and the general public, particularly the oppressed and the lowly. Recall that I have said time and time again that if there is another acronym for the NBA, that must be SPIDEL. This underpins the critical significance of SPIDEL to the extent that it must be allowed to function without any bureaucratic bottlenecks or inhibitions.”

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MAIKYAU VS. SPIDEL: EXCO WINS MASSIVE CONFIDENCE VOTE

The embattled Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has won a unanimous confidence vote from its members over the ban on its activities by NBA President, Mr. Yakubu Maikyau SAN.

SPIDEL members passed a unanimous vote of confidence on the Executive Committee at a virtual Extra-ordinary General Meeting (EGM) last weekend following a motion by fiery human rights activist, Mr. Inibehe Effiong.

CITY LAWYER recalls that Maikyau had in a searing letter to SPIDEL Chairman and former NBA 1st Vice President, Mr. John Aikpokpo-Martins, stated that the SPIDEL leadership was “undermining” his authority through its activities.

The NBA President directed SPIDEL to pause all its ongoing activities, saying: “I further direct that you suspend all actions presently being undertaken by SPIDEL, particularly the matters stated above, until the scheduled meeting and further directives as may be approved by the National Executive Council. Also, henceforth, you shall not undertake any engagement with any third party without prior consultation and permission from me as President with the approval of the National Executive Council of the NBA.”

But SPIDEL members thumped down the directive, arguing that Maikyau lacked the power to stall SPIDEL activities.

Moving the motion, Effiong argued that Maikyau was attempting to usurp the powers of the NBA National Executive Committee (NBA-NEC). He stated that the NBA President “is not defending public interest,” adding that instead of condemning invasion of the Federal High Court by Directorate of State Services (DSS) operatives during the arraignment of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, “he strangely labeled it as two fighting.

“The Bar under his leadership has lost its voice. Now he also wants SPIDEL to lose its voice. How many cases has he filed to defend public interest? We must not allow the NBA President to scandalize the public interest efforts of SPIDEL.”

Seconding the motion, former NBA Obollo-Afor Chairman, Dr. Gerald Abonyi said that “I would have told YC Maikyau to his face that SPIDEL’s gains are his gains,” adding that SPIDEL is only accountable to NBA-NEC.

On his part, Mr. George Nwabunike urged the SPIDEL leadership to “be specific in telling Maikyau that he does not have the power to suspend SPIDEL’s activities. He is protecting his friends in government. We must not allow that.”

While some members feared that Maikyau may teleguide NBA-NEC meeting to cement his clampdown on SPIDEL, urging the leadership to sue the NBA President, others argued that the section cannot fight its parent body. They stated that while Maikyau must not be allowed to micro-manage SPIDEL, there is need to close ranks, as the crisis may be due to lack of proper understanding of the provisions of the NBA Constitution.

In the absence of any counter-motion, the members unanimously passed a confidence vote on the Executive Committee, as none of the nearly 70 members who attended the Extra-Ordinary General Meeting dissented. They also urged the Executive Committee to present a “robust” response to the letter by the NBA President to the section.

While SPIDEL has initiated a flurry of activities, one of the most recent was the lawsuit against broadcaster Kenny Ogungbe and Culture Minister Hannatu Musawa over NYSC Certificate, Maikyau had berated the leadership, saying that “your actions are clearly beyond the mandate of SPIDEL, and that you have proceeded.”

Arguing that he must approve all SPIDEL’s activities before they are undertaken, Maikyau wrote: “This morning, 31 January 2024, I was greeted with yet another social media post titled “NIGERIAN BAR ASSOCIATION CHALLENGES FEDERAL GOVERNMENT’S VEHICLE OWNERSHIP LEVY”. Like the previous posts, I did not know about this and there was no approval for it, and those other actions being taken by SPIDEL.”

He hinted that SPIDEL’s activities “may not be bad in themselves,” but warned that “SPIDEL, as a section of the NBA, cannot continue along this trajectory, ignoring our Rules and Procedure of dealing with matters of this nature.”

Following a meeting between Maikyau and the SPIDEL leadership, it was resolved that the SPIDEL leadership should provide a comprehensive response to Maikyau concerns as contained in his letter, even as the legal community waits with bated breath for the NBA-NEC Meeting holding on February 28 in Jos where the fate of SPIDEL’s leadership may be decided.

NBA watchers have argued that given that NBA presidents have the capacity to railroad NEC meetings towards their desired outcomes, Maikyau should recuse himself when the SPIDEL matter is discussed.

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’59 BIRTHDAY FLOWERS FOR YAKUBU MAIKYAU,’ BY MAURICE EBAM

CELEBRATING YC MAIKAYAU OON, SAN THE NBA PRESIDENT THAT EFFORTLESSLY WON HEARTS OF THE NBA.

The 31st President of the NBA the National President of the largest Bar in Africa Yakubu Chonoko Maikyau OON,SAN had always won and stolen hearts of lawyers and non lawyers effortlessly.

No wonder that during his elections even before elections were over he had a landslide victory.

Even after winning the elections last week I had the privilege of doing a survey and realised that as NBA President he has been very generous and has taken to the welfare of the Staff of the NBA Secretaraite even down to the cleaners who has personally benefited from his out of his pocket expenses.

It’s not easy to win hearts of the people and yet
Yakubu Chonoko Maikyau OON,SAN does it easily he should be studied.

If you know a little about YC Maikyau OON,SAN you will know his charisma and aura cannot be ignored from both lawyers and non lawyers alike.

Nobody is a Saint who cares about perfection as long as the leader delivers.

YC Maikyau OON,SAN one of the most loved, admired and respected NBA Presidents in recent times.

He has effortlessly won hearts of NBA members years even before he became NBA President.

Lawyers practicing within and outside Abuja always look forward to his trade mark and legendary parties and get togethers.

His mandate while vying for the office of National President of NBA was building a dynamic Nigeria Bar Association which has been his intention .

He has also promoted inclusivity in the Nigeria Bar Association by promoting the various interests and sectors of the NBA.

His intentions which he has been able to a reasonable extent implement is promoting the implementation of a standard minimum remuneration for lawyers especially young lawyers.

As he marks his 59th birthday today 6th of February, 2024 I have decided to give him his flowers when he is still alive.

As past Social Secretary NBA YLF Unity Bar he serves as a mentor and role model for almost all young lawyers and this is very critical for our development.

As the 31st President of our beloved NBA I wish him good health, long life,wealthy and continuous love as I have indirectly and directly benefited from his benevolence.

I celebrate his grace.

  • Ebam is former Social Secretary of NBA Young Lawyers Forum (YLF), Unity Bar, Abuja

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