VACANCY: LEKKI LAW FIRM NEEDS YOUNG LAWYERS

THE FIRM
The Law Office is a full-service law firm situated at Lekki, Lagos.

THE POSITION
Counsel

THE CANDIDATE
• 3-5 years post call
• Corporate practice skills
• Computer literate
• Must have research skills
• Must be resident along the Lekki axis

  • Male candidates are especially encouraged to apply.

QUALIFICATIONS
Admitted to the Nigerian Bar.

SALARY
The salary is competitive and in accordance with industry standards.

HOW TO APPLY
Interested candidates should email legaljobs77@gmail.com.

SPECIAL NOTE: The SUBJECT of the email should read: LEKKI LAW FIRM HIRING: COUNSEL

Please note that only shortlisted applicants will be contacted.

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COURT AWARDS N10 M DAMAGES AGAINST GOOGLE BLOGGER

A Lagos State High Court has awarded N10 million as general damages against Ms. Ladun Liadi, a blogger on GOOGLE blogging platform, for defaming Dr. Nicholas Okoye, the Chief Executive of ANABEL Group.

In a landmark case on Internet libel marked Suit No: LD/ 170/2012 and brought by Okoye against Ladun Liadi, GOOGLE Inc and GOOGLE Nigeria, Justice Adedayo Akintoye berated the blogger for a post which attracted adverse comments against the telecoms top-notch.

Said Justice Akintoye: “I find it most distasteful that a person can write an article which elicits such vile and derogatory comments against another human being and not take down the derogatory comments when they came to her attention, if indeed she did not intend her post to elicit the reactions from the public which followed her post.”

Continuing, the judge held that “I find therefore that the publication and transmission of the libel contained in pages 1-24 of Friday 6th April 2012 to Thursday 12th April 2012 material written, printed, published, transmitted on blogger service by the 1st Defendant LadunLiadi (sic) are defamatory to the claimant.”

The court held that “Damages in the sum of N10,000,000 (Ten Million Naira) for libel is awarded to the Claimant and is to be paid by the 1st Defendant Ladun Liadi to the Claimant Nicholas Okoye.”

The judge noted that the claimant’s prayer for removal of the libelous statements “has been overtaken by events as the offensive article has already been removed from the 1st Defendant’s blog.”

The court however granted “a perpetual injunction restraining the 1st Defendant Ladun Liadi either by herself, her servants, agents, and/or privies or otherwise from publishing and/or further publishing and/or causing to be published the same or similar words defamatory to the claimant in any medium and/or from whomsoever.”

Turning to legal costs for the claimant, the court also awarded the sum of N1 million “for legal representation inclusive of cost of action in favour of the claimant.” Okoye was represented by his Lead Counsel, Chief Emeka Okwuosa of Messrs The Chancery Associates.

Turning to the 2nd and 3rd defendants, the court held that GOOGLE Inc were mere Internet intermediaries who had put frameworks in place for bloggers to moderate comments on their blogs, saying: “I agree with learned counsel to the 2nd defendant that given this large volume of words and the speed with which they are posted it appears humanly impossible for the 2nd Defendant to implement any policies of procedures which would require human or manual screening of all contents uploaded by bloggers such as the 1st Defendant towards detecting and preventing publication of defamatory content. I agree therefore that the 2nd Defendant cannot be said to have known that the alleged publication was defamatory.”

The court also held that the 3rd Defendant, GOOGLE Nigeria, is a separate legal entity from the 2nd defendant, adding that “The 3rd Defendant has therefore not defamed the claimant in any way or breached the claimant (sic) privacy right in any way and I so hold.”

The claimant had through Okwuosa sought “A declaration that the publication and transmission of the libel contained in pages 1-24 of the materials posted and captioned “What happened to Anabel Mobile?” dated Friday, 6th April, 2012 to Thursday, 12th April, 2012 by the 1st, 2nd and 3rd Defendants vide the 1st Defendant’s blog, http://ladunliadi.blogpost.com are false, malicious, and defamatory to the claimant.”

The claimant also prayed for the sum of N250,000,000.00 (Two Hundred and Fifty Million Naira Only) damages against the 1st, 2nd and 3rd Defendants for publication and transmission of the libelous statements. Aside from another N250 million as exemplary damages, the claimant also sought N30 million as legal representation and cost of action.

The case is regarded as one of the first Internet libel cases to be decided in Nigeria where the court has held a blogger liable for libel committed via the GOOGLE platform, blogger.com. It is believed to have contributed to online defamation jurisprudence while setting a benchmark for protection of privacy rights and limits for freedom of expression and of the Press.

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AGC RIOT: ‘FAPOHUNDA, NBA INVESTIGATION C’TE CHAIR SAYS WE’RE NOT SUSPECTS’

The Chairman of the Nigerian Bar Association (NBA) Conference Incident Investigation Committee, Mr. Olawale Fapohunda SAN has disowned reports that the lawyers whose pictures have been trending are the “vandals” who ransacked and looted materials during the recent NBA Annual General Conference (AGC).

According to a post by one of the lawyers, Mr. Godwin Madubuegwu, Fapohunda informed him during a telephone call that the reports took the committee’s report out of context, saying that the committee merely wanted to hear from the lawyers towards unravelling the real culprits.

Below is the full text of the post.

Goodevening, learned Silks, seniors and colleagues. My name is G. C. Madubuegwu Esq. I was called to Bar in 2011 and I’m a member of Enugu Bar (ENBAR) and an active bar man.

Precisely, on 15th December, 2022, around 11 p.m, I was going through Facebook only for me to see a report on (name withheld) blog concerning the unfortunate incident of vandalization at the last NBA AGC in Lagos. Particularly, the report was saying that the Incident Investigation Committee of the NBA had unravelled the identities of those behind the said incident of vandalization. The author of the report then went ahead and posted some pictures and tagged the persons in the pictures the “vandals”.

I went through the said pictures; lo and behold, I saw a picture of me among the pictures supposedly released by the Committee. (i.e, the pic by the left in this post). I was perplexed at seeing my picture as one of the vandals! Instructively, the picture posted in the said report was self-explanatory as one could see in the picture that I was merely covering some happening with my phone when the CCTV camera picked my image.

As if that was not enough, I saw another online report this morning where my said picture and other pictures were posted and members of the public were asked to assist in identifying the persons in the pictures.

* Godwin Chiedozie Madubuegwu

For the past two days, I have been overwhelmed with calls and messages from friends and acquaintances alike, expressing their shock at seeing my picture being linked with the said unfortunate incident at the last NBA AGC. Some of them advised that I should please lie low and not take any steps to expose myself lest I be made to face the LPDC, even when I explained to them that I had nothing to do with the said vandalization, they still insisted that I should tread cautiously and just lie low. My loving wife was also traumatized when I broached the news to her (By the way, I just got married a couple of weeks ago😃😃😃). I really appreciate the concern shown by all as well as their admonitions; whether these admonitions are wise or otherwise, is really not as important as the fact that they were borne out of genuine concern for me. I remain most grateful.

Being innocent of this unsavory and very distasteful association of my name and person with that very shameful incident at the last NBA AGC, with the much cherished help of Mr. Emeka Nwadioke, the President of City Lawyer Magazine, I took immediate steps to reach out to the chair of the Committee, in the person of the Honorable the Attorney-General of Ekiti State, Mr. Olawale Fapohunda (S.A.N) to establish my innocence.

To my surprise, the amiable learned Silk expressed surprise that anyone would say that the Committee said that the persons whose pictures were released were the vandals. He told me in clear terms that the Committee released the pictures so that the persons captured by the CCTV cameras could come forward and assist the Committee with the information they have about the unfortunate incident so as to assist in the investigations towards unraveling what really transpired.

He said that the reports in the media took the statement of the Committee out of context and that no one has been accused of any act of vandalism. In fact, the learned Silk said that in my own case, they saw that I was covering something with my phone, and that they picked me so as to know what I recorded, and if same would be helpful in ascertaining what really transpired. In the end, he told me that the Committee would invite us at the appropriate time to interact with us. With this, we ended our conversation.

Please, I am making this post to set the records straight. I never participated in any act of vandalism or even protest during the last NBA AGC in Lagos, without prejudice to the fact that it is within the civic right of aggrieved persons to protest within the confines of the law. I was only videoing the protesters with my phone when the CCTV camera picked my image and my said picture posted online clearly shows this fact.

I wish to thank the ever amiable Honorable the Attorney-General of Ekiti State, the Chair of the Incident Investigation Committee of the NBA for the opportunity given to me so far to state my own side of the story, even as I assured him that I would always make myself available whenever needed for further clarifications on the matter. May God bless him.

I thank my loving wife, Esther Chioma Emmanuel for her staunch support to me during this trying period. I also wish to thank my good friends and colleagues from different parts of the country who have been calling and sending messages to sympathize with me and as well offer their advice, may God bless them all. May God bless us, all.

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NBA-NEC BACKS MAIKYAU, ASKS OLANIPEKUN TO RECUSE SELF, RATIFIES AKPATA’S NOMINATION

• AGC TO HOLD AUG. 25 AT ABUJA
• LIST OF 150 CO-OPTED NEC MEMBERS RATIFIED
• CAC RG, SOLICITOR-GENERAL, OTHERS LISTED
• FACES OF AGC RIOT SUSPECTS IDENTIFIED
• MAIKYAU RAPS GADZAMA OVER PETITION TO BENCHERS

Members of the Nigerian Bar Association National Executive Council (NBA-NEC) rose from their maiden meeting under the leadership of NBA President, Mr. Yakubu Maikyau SAN with a unanimous resolution that leading lawyer and embattled Body of Benchers Chairman, Chief Wole Olanipekun SAN should recuse himself from office.

This followed a motion to ratify Maikyau’s letter to Olanipekun asking him to recuse himself from both the recent Call to Bar ceremonies and as Chairman of the Body of Benchers.

Following a heated debate on the matter, members resolved that the demand for recusal was not a personal battle of the NBA President but an issue that affects the entire legal profession.

Meanwhile, the NBA-NEC has also ratified the nomination of the immediate past NBA President, Mr. Olumide Akpata as a returnee-member of the elite Body of Benchers alongside two others. CITY LAWYER had in an exclusive report noted that the benchers had “stepped down” consideration of Akpata’s nomination on the ground that his curriculum vitae was not attached to Maikyau’s nomination letter. Olanipekun had during the debate on the matter at the last Body of Benchers meeting hinted that NBA nominees to the body were presented to NEC for ratification during his tenure as NBA President.

CITY LAWYER had in an exclusive report cited a complaint by former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN over an email from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, allegedly soliciting to take over a brief his law firm was handling from his client, SAIPEM SPA. Following his demand for an apology, Wole Olanipekun & Co apologized for the debacle and disowned the Partner. NBA has since filed a petition against the embattled senior lawyer at the Legal Practitioners Disciplinary Committee (LPDC), an arm of the Body of Benchers. An ancillary prayer to indict other partners in the law firm was dismissed by a preliminary investigative panel of the committee.

The NBA-NEC also ratified the decision of the National Executive Committee to hold next year’s Annual General Conference (AGC) in Abuja from August 25 to September 1, 2023. Maikyau was given anticipatory approval to constitute committees for the association, including the Technical Committee on Conference Planning (TCCP).

The meeting ratified a list of Co-opted NEC Members issued by Maikyau. Notable among the highlighted members was the Registrar-General of the Corporate Affairs Commission (CAC), given that the CAC had lately been estranged from NBA activities. Also listed was the Solicitor-General of the Federation among others. Controversy has however trailed the “list,” as CITY LAWYER gathered from unimpeachable sources that not even NBA National Officers have seen the full list of Co-opted Members. This has raised issues as to the exact list that was ratified by NBA-NEC.

CITY LAWYER gathered that the meeting also resolved that NBA should sanction all promoters of the new lawyers’ association, the Law Society of Nigeria (LSN). Sources told CITY LAWYER that former NBA General Secretary, Mr. Nimi Walson-Jack was singled out for serious lampooning, even as some argued that he was merely a solicitor to the promoters of the new law society.

Meanwhile, the NBA may soon publish images of those suspected to have participated in the invasion of NBA booths designated for distribution of materials at the last Annual General Conference. CITY LAWYER gathered that the Mr. Wale Fapohunda SAN-led Conference Incident Investigation Committee has identified some suspects whose pictures were displayed at the meeting.

CITY LAWYER also gathered that Maikyau berated his erstwhile opponent at the last NBA Elections, Chief Joe-Kyari Gazama SAN for his petition to the Body of Benchers over the conduct of the recently concluded NBA Elections. Noting that Olanipekun had apologized to Gadzama at the last benchers’ meeting for not reading out his letter of complaint on the alleged infractions during the elections, Maikyau reportedly berated Gadzama for the complaint, noting that he dusted him at the poll with more than half of Gadzama’s tallied votes.

Among those who attended the meeting both in-person and online were former NBA Presidents, Dr. Olisa Agbakoba SAN, Mr. Paul Usoro SAN and Akpata; former NBA General Secretary, Mr. Rafiu Lawal-Rabana SAN and his counterpart, Mr. Afam Osigwe SAN as well as former Attorney-General and Minster of Justice, Chief Bayo Ojo SAN.

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INDUSTRIAL COURT JUDGE HUNTS THERAPIST OVER ‘FAILED’ BODY ENHANCEMENT

• ‘MY LIFE IN DANGER,’ THERAPIST CRIES OUT

A judge of the National Industrial Court of Nigeria (name withheld) has threatened to levy criminal complaint against an Abuja based skin-care therapist, one Pamela Onyeagusi, unless she makes “reparation and compensation.”

According to a letter by the law firm of Ganiyu Ajibola Bello obtained by CITY LAWYER, the judge’s solicitors warned that “This consequently serves as a notice that you shall be charged to court upon this matter if reasonable steps are not taken to remedy all the wrongs committed towards our Client.”

Meanwhile, the beauty therapist told CITY LAWYER that the allegations were false, adding that she has also refunded monies paid by the judge due to severe threats allegedly heaped on her by the jurist.

CITY LAWYER gathered that the judge was angered by some allegedly failed skin-care procedures done on her by a therapist, stating that the therapist’s “representation of being a professional is a false and fraudulent representation while you were indeed criminally negligent and unskilled.”

Titled “CASE OF CRIMINAL MISREPRESENTATION, NEGLIGENCE, RECKLESSNESS AND INFLICTION OF GRIEVOUS BODILY HURT CONTRARY TO THE PENAL CODE ACT, ABUJA AND DEMAND FOR REPARATION AND COMPENSATION” and dated October 7, 2022, the demand letter alleged that sometime in May, the therapist “falsely and fraudulently represented to our client that you are a professional and skillful Skin Care Specialist with requisite skill and knowledge in the act of removing stretch-marks and skin scars arising from surgery using laser procedure.

“Consequent upon the foregoing representation which turned out to be false, Our Client on the 8th of May, 2022 visited your center under an appointment for the professed laser procedure and other dermatological procedures which was supposed to be carried out on Our Client’s face, thighs and stomach.

“In carrying on with the procedure however, you caused grievous bodily harm and injury to Our Client’s right thigh by burning her thighs with the laser machine. The hurt was so excruciating that Our Client had to stop you from continuing the procedure and that was the saving grace for her left thigh.

“Within hours after the unsuccessful procedure, the condition of injury inflicted on Our Client’s right thigh started to deteriorate while she also experienced terrible breakouts on her face.

“Our Client was forced to travel to Lagos on several occasions for treatment of the injury to her thigh and her face. She was put on dosage of several expensive medications while having to bear excruciating pains from the injury for about a month as she could barely walk or engage in bath without suffering excruciating pain form the burnt areas of her body.”

The judge’s solicitors warned that “The foregoing position clearly shows that Our Client have a concrete basis upon which to prosecute you for criminal misrepresentation, negligence, recklessness, infliction of grievous bodily hurt and endangering her life while making you face the wrath of the law,” adding that “The consequently serves as a notice that you shall be charged to court upon this matter if reasonable steps.”

But in a response obtained by CITY LAWYER, the embattled therapist denied the allegations, adding that not only is she well trained in the field, she had refunded the judge’s monies in order to let peace reign.

According to the response signed by Mr. Charles Sunday of Fredricks E. Itula, SAN & Co., the skin-care therapist was trained both in the United States and United Kingdom, adding that she was issued with certificates to show for her training.

He noted that “It is important to state here that your client before that 8th day of May, 2022 have (sic) had thigh liposuction, gastric bye-pass surgery, many cosmetic procedures, surgeries and facial treatments which resulted in various spotted skin bumps and keloid growths.”

Continuing, the solicitors stated that the judge “persuaded our client to go ahead with the laser procedure with the notion of looking young and beautiful with no one being able to guess her real age.”

He stated that “After the thigh procedure, our client advised your client to observe less movement that will put pressure or friction,” adding that “Your client rather than heed to this advice immediately proceeded to embark on trips to Jos and Lagos which trips consequentially resulted to blisters on the affected areas due to excessive frictions of the thighs couple (sic) with skin lightening (bleaching) cream she uses.”

The solicitors stated that the payment of $2,000 and N500,000 by the judge to the therapist was a clear indication that she was satisfied with the service rendered, adding however that “We were also informed that your client issued a lot of threats and harassment to our client and demanded for the full refund of the fees our client charged her failing which she would face her wrath. The threats were so frightening that our client had to inform the woman who referred your client to her and shudder (sic) when she realized that your client is a serving Judge and could make life unbearable for her, hence the full refund of the payment so made.”

According to the solicitors, “In as much as we deny vehemently the allegations of negligence and recklessness on the part of our client, we however would be willing to have a meeting for a peaceful resolution of the issues.”

When CITY LAWYER contacted the embattled therapist yesterday, she stated that she had gone into hiding upon a tip-off that there were some persons mounting surveillance on her apartment.

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NBA LAGOS CHAIR TO SPEAK AT ETI-OSA LAWYERS’ FORUM PARLEY TODAY

The Chairman of the Nigerian Bar Association (NBA), Lagos Branch, Mr. Ikechukwu Uwanna will today deliver a speech at the Monthly Meeting of Eti-Osa Lawyers Forum (ELF).

Uwanna will give a Keynote Address to the forum’s members on the topic, “Professionals in politics and public service: Are lawyers worthy ambassadors?”

According to the Chairman of the Forum, Mr. Adewale Sanni, “The Knowledge Sharing Session is a key feature of the forum’s monthly meetings aimed to shed light on topical issues that confront lawyers in practice.”

CITY LAWYER recalls that the Chairman of NBA Lagos Branch Task Force on Illegal Practice of Law, Mr. Lotanna Okoli SAN and former NBA Lagos Branch Chairman, Chief Martin Ogunleye had also delivered speeches at the October and November “Knowledge Sharing Sessions” of the branch.

The monthly meeting holds today at High Court 1, Christopher Segun Court House, Ajah-Addo Road, Eti-Osa, Lagos at 1 pm.

AFAM OSIGWE LAUDS LAWYERS WITH DISABILITIES ON MAIDEN CONFAB

GOODWILL MESSAGE TO THE NBA LAWYERS WITH DISABILITY FORUM (NBA-LWDF) ON THE OCCASION OF HER MAIDEN CONFERENCE BEING HELD ON 13TH DECEMBER, 2022, IN ABUJA.

I warmly and heartily felicitate with the Chairman, Asia Ahmad El-Rufai, members of the Governing Council and the members of the NBA Lawyers with Disability Forum on this very special occasion of hosting your maiden conference with the theme- Lawyers with Disabilities in Nigeria: Realities, Challenges and Expectations.

The theme of the conference is very apt as the time has come when this nation and the Bar in particular should be more involved in creating an enabling environment for the vulnerable people including persons living with disabilities in Nigeria.

Once again, I congratulate the Chairman, Asia Ahmad El-Rufai, Governing Council and members of the NBA Lawyers with Disability Forum for this maiden conference 2022.


Mazi Afam Osigwe , SAN

LPDC: ACTIVIST-LAWYER REPLIES MURIC, DEMANDS APOLOGY

  • VOWS THAT MURIC IS NOT REGISTERED AT CAC
  • SAYS AKINTOLA, MURIC CHIEFTAIN LIED TO COURT
  • ALLEGES DISCRIMINATION DUE TO RELIGION

Activist-lawyer, Chief Malcolm Omirhobo has responded to the petition by Muslim Rights Concern (MURIC) seeking that he should be punished by the Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers for alleged violation of the Rules of Professional Conduct for Legal Practitioners (RPC).

CITY LAWYER recalls that MURIC had petitioned to the LPDC complaining about the manner Omirhobo dressed while appearing before the Supreme Court and Federal High Court. The LPDC in a letter dated October 24, 2022 directed Omirhobo to respond to the petition titled CASE NO: BB/LPDC/896/2022 Muslim Rights Concern (MURIC) and Malcolm Emokiniovo Omirhobo Esq within 24 days.

But in a reply to the LPDC made available to CITY LAWYER titled “RE: DEFENCE ON THE MERIT TO BB/LPDC/896/2022 MUSLIM RIGHTS CONCERN (MURIC) V. MALCOLM EMOKINIOVO OMIRHOBO, ESQ” Omirhobo denied that he has violated the Rules of Professional Conduct for Legal Practitioners.

While the letter to LPDC was dated December 3, 2022, the accompanying “AFFIDAVIT DISCLOSING DEFENCE TO THE ORIGINATING APPLICATION ON MERITS” was sworn to and filed at the Federal High Court on December 7, 2022 in response to the petition.

In the affidavit, Omirhobo affirmed that “I am from the Esegba family who are the custodians of the Omalokun shrine, the deity/gods of the ocean.”

The activist-lawyer also stated that “That my forbearers pass our tradition and religion to my great-grand father, Chief Omirhobo Usitaka, who passed it to my grandfather Chief Orodeko Okposiokpo Omirhobo, who passed it to my late father Chief Anthony Council Omirhobo who passed it over to me with the instruction that I pass it over to my children so that they can pass it over to their own children.”

Turning to the MURIC petition, Omirhobo stated that “the Applicant, Muslim Rights Concern (MURIC) is not registered with the Corporate Affairs Commission nor any other Body/Commission. Same is unknown to law.”

Continuing, he alleged “That Professor Ishaq Akintola very well know that MURIC is not a legal entity in law but has continued to mislead the public and the Court that such legal personality exists.

“That in SUIT NO. FHC/L/CS/3/2020 BETWEEN CHIEF MALCOLM EMOKINIOVO OMIRHOBO V. THE CENTRAL BANK OF NIGERIA & 6 ORS., SUIT NO. FHC/L/CS/2/2020 BETWEEN CHIEF MALCOLM EMOKINIOVO OMIRHOBO V. NIGERIAN ARMY & 6 ORS. and in SUIT NO. FHC/L/CS/453/2022 BETWEEN CHIEF MALCOLM EMOKINIOVO OMIRHOBO V. THE NIGERIAN POLICE & 6 ORS. Professor Ishaq Akintola committed perjury by lying to the Court that MURIC is a legal entity. Attached hereto and marked as “EXHIBIT A” is copy of one of the Sworn Affidavit of Professor Ishaq Akintola where he exhibited the Certificate of Incorporation of MURICA while misleading the Court to believe that it is the Certificate of Incorporation of MURIC.

“That the registered name on the CAC data bank is Muslim Rights Concern Association (MURICA) registration number IT 43397 which is not the same with the Applicant. The CAC online searches showing Muslim Rights Concern Association as the only name registered at the Corporate Affairs Commission is attached and marked as “EXHIBIT B.””

Omirhobo also stated that the petition is outside the scope of the objectives of either MURIC or MURICA, adding that the association “is an Islamic Organization whose major objective is advocating for female Muslims right to wear hijab in public institutions as it has been the practice in Western countries like United Kingdom.”

He stated that MURIC lacks locus standi to bring the petition, adding that the “Applicant is not a member of the legal community, neither is it my client as I have never rendered any legal service to her and therefore lacks the capacity to institute this action against me as there is no lawyer/client relationship between us.”

Omirhobo also contended that the petition is incompetent, having not been brought by the Trustees of the association, even as he dismissed allegation of violation of the RPC as “I did not appear at the Supreme Court on 23/6/2022 as a legal practitioner conducting a case for his client or conducting my personal case.”

Noting that the Body of Benchers had reversed itself by approving the wearing of hijab to Call to Bar ceremonies in the controversial case of Amasa Fidaus, Omirhobo stated that “the Application complaining of my dress code as it relates to the dictates of my religion and my being summoned before the Legal Practitioner Disciplinary Committee by the Body of Benchers is discriminatory and a violation of my fundamental right to freedom from discrimination as provided for in Section 42(1)(a)(b) of the Nigerian Constitution.”

Omirhobo concluded that the petition was brought in bad faith, “lacks merits and should be dismissed with an apology to my good self to be published in five National Newspapers.”

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NBA BLASTS NEW WIGS OVER ROBES, OTHERS FLOOD WEB WITH PHOTOS

The Nigerian Bar Association (NBA) has berated two new wigs for allegedly dressing improperly in their wigs and gowns.

A new wig, one Fatima Shehu, who simply identified herself as “Fatima” had tweeted @lipsdripping saying: “F.S Shehu Esq, Barrister and Solicitor of the Supreme Court of Nigeria.” She then uploaded some of her photos in wig and gown.

Apparently finding her dressing disagreeable, NBA responded @NigBarAssoc: “A barrister and solicitor of the Supreme Court of Nigeria do (sic) not adorn the wig and gown in this manner, whatever the occasion may be.” The NBA went further to tag the link to the photos which it perceived as offensive.

NBA also took exception to a post by one “Onyii baby” who tweeted @jessica_evanzz: “O.E. EZENWOBI Esq. LL.B, B.L, AICMC, BARRISTER AND SOLICITOR OF THE SUPREME COURT OF NIGERIA.” Berating the new wig on her dress sense, NBA queried: “Do nurses now wear wig and gown?”

Conversely, the lawyers’ body retweeted photos of new wigs which it considered appropriate, congratulating them on the milestone.

CITY LAWYER recalls that NBA President, Mr. Yakubu Maikyau SAN had boycotted the Call to Bar ceremonies which held yesterday and today in protest against the call by NBA for Body of Benchers Chairman, Chief Wole Olanipekun SAN to recuse himself both from the chairmanship seat and from the Call to Bar ceremonies due to the controversial solicitation email sent to SAIPEM, an international oil firm by Ms. Adekunbi Ogunde, a partner in Olanipekun’s law firm.

Meanwhile, new wigs have since the ceremonies been splashing their professional photos on sundry social media platforms.

Setting of the social media frenzy, popular Big Brother Naija star, Jumoke Adedoyin (aka “JMK”) wrote on her Instagram page @ ms_jmk: “OFFICIALLY A BARRISTER AND SOLICITOR OF THE SUPREME COURT OF THE FEDERAL REPUBLIC OF NIGERIA. Z. J. ADEDOYIN ESQ. LL.B (Hons), B.L (Hons)

“Being called to the Bar has just proven to me that I can be anything; I can be JMK the reality tv star, JMK the CEO, and now JMK the BARRISTER! A multifaceted Esq, who sets her mind to anything and gets it done.

“It has proven to me that I can’t be tied down by people’s timeline and everything happens within God’s perfect plan. He perfected it as he always does and now I am certain I am only going to walk in the path he has created specially for me. I believe in myself, there are no limitations I have of myself in my mind, the possibilities of what I am and what I can be are endless.
Grateful for the endless love and support of my family through this journey.

“From now on I am going to tell everyone “excuse me? ESQ speaking” and when you see me all I wanna hear is “THE LAWWW!” ⚖️🤩🥳🥳🥳

* Jumoke Adedoyin, Esquire

While Stanislaus Azike, tweeting @azikesq, simply wrote, “I became a Lawyer today!” one Kofoworola, tweeting @Koko_Popsicle, wrote: “After 7 years of tests, trials, and tears. Let me Reintroduce myself! Kofoworola Elizabeth Sanya Esq. (LL.B, B.L, A.CiArb (UK), AICMC). Barrister and Solicitor of the Supreme Court of Nigeria. Super Proud of myself.”

On her part, one “MJ” who tweeted @mmesomammeje wrote: “It is so surreal and such a full circle moment that I would be called to the LARGEST BAR IN AFRICA after 8 long years! Introducing M.J MMEJE ESQ, Barrister and Solicitor of the Federal Republic of Nigeria, LL.B(Hons), B.L(Hons).”

Olanipekun had while admitting the new wigs to the Nigerian Bar said: “By the powers conferred on the BoB by Section 3(10) of the LPA, and by the powers conferred on me as the Chairman of the Body of Benchers by Regulation 16 of the Body of Benchers Regulations, 1983, I admit the 1491 students wherein present as Barristers and Solicitors of Supreme Court of Nigeria. You may put on your wigs.”

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NBA VS OLANIPEKUN: A GENUINE ETHICAL CONCERN OR PERSONAL VENDETTA

By Muritala Oladimeji Abdul-Rasheed, SAN and Mutalubi Adebayo Ojo, SAN

We read with shock, amazement and deep concern for the legal profession the letter of the NBA President, Y.C. Maikyau, OON, SAN, dated December 4, 2022 and unwieldy titled “A CALL TO SALVAGE THE IMAGE, REPUTATION AND INTEGRITY OF THE BODY OF BENCHERS AND LEGAL PROFESSION AND FOR THE CALL TO BAR CEREMONY SCHEDULED FOR CALL TO BAR CEREMONEY SCHEDULED FOR 6 AND 7 DECEMBER 2022 TO BE PRESIDED OVER BY HON. JUSTICE MARY PETER ODILI JSC, RTD, VICE CHAIRMAN, BODY OF BENCHERS,

The letter was directly sent to the Chairman of the Body of Benchers, Chief Wole Olanipekun, CFR, SAN, and copied to the Chief Justice of Nigeria, Hon. Justice Oluwakayode Ariwoola GCON, all Life Benchers as well as all Benchers. The letter was also leaked to the press before service was effected on the addressee.

In the said letter, the NBA President revisited with sadistic relish the apparently settled matter regarding an email written by an erstwhile partner in Chief Wole Olanipekun law firm, Ms Adekunmbi Ogunde, which had attracted public odium and was already looked into and decided upon by the Legal practitioners’Disciplinary Committee.

The lawyer at the centre of the storm, Ms Adekumbi Ogunde, had come out openly to admit that the letter she wrote, which unduly solicited for patronage from a foreign multinational was a zealous, unilateral and thoughtless action of her own accord without the authorization of the chamber she worked for.

Ms. Adekumbi resigned her appointment and tendered apology for embarrassing her employer and even went to the extent of recusing herself from practice for unspecified number of years.

The LPDC had set up a Committee to look into the matter especially in relation to the culpability or otherwise of the other Partners in the chamber and the Committee after due evaluation of the petition written by Martins Aikpoko ,Esq on the on the instructions of Olumide Akpala decided that there was no prima facie case against Chief Olanipekun and the other partners in the chamber, the matter being solely a case of an unauthorized lawyer acting on her own volition.

Viewed against the above background, the NBA’s President’s letter resuscitating this matter and referencing social media comments that fit into his jaundiced opinion asking Chief Olanipekun to recuse himself from presiding at the Call to Bar ceremony of the new wigs slated for December 6th and 7th 2022 in Abuja is a gross misnomer, to say the least, and constitutes a confirmation of destructive politicking and perfidious infighting within the NBA .

The latest development in the saga is a classic example of how malcontent decision by a few disgruntled element, disguising under a single potentate, can lead to invidious resuscitation of a settled case. Honestly speaking, no matter the angle With which we view this matter , there could only be the ineluctable conclusion that Chief Wole Olanipekun, SAN, is being maliciously persecuted for a concocted misdeed.

Chief Olanipekun is above 70 years, he has acquired for himself the singular honour of one of the most respected legal luminaries in Nigeria, nay Africa, through dint of hard work, dedication, and ethical integrity, resulting in enviable professional accomplishments. He has never attracted to his person any odious, unpalatable or reprehensible reputation capable of calling his hard-earned integrity into question.

With every sense of responsibility, we hereby invite every fair-minded person to follow through our position as stated below to see if Chief Wole Olanipekun, SAN, is culpable in the instant matter. We are presenting this position from the panoramic views of law and ethics to ascertain the degree,if any, of Chief Olanipekun’s culpability in the matter .

From the facts now available in the public domain, a lawyer working in Chief Olanipekin firm, Ms Ogunde, wrote a letter via email to a multinational, Saipem, representing the firm as a leading and influential chamber which called the shots in Nigerian legal parlance and could influence outcomes in favour of clients by virtue of the Principal partner of the firm, chief Olanipekun’s giant status at the bar, coupled with his position as the Chairman of the Body of Bencher, (a body of legal practitioners of the highest distinction in Nigeria)

In the letter, the writer also, most unethically, offered the service of the firm to partner with current firm being engaged by the multinational on the strength of the aforesaid grounds.

The pertinent question here is “Is this letter unethical in accordance with the norms of the legal profession. Without mincing words, the answer is “YES”

The follow up question to the above, of course, is, “Is Chief Wole Olanipekun, SAN vicariously culpable for this unethical soliciting as a consequence of which he must be duly sanctioned?

The answer to this, on the basis of law, ethics, convention and commonsense is a much more nuanced affair.

To view the matter appropriately, objectively and without bias ,it is apposite to consider this second question under the following legal and quasi legal headings, viz, (1), the notion of prima facie prove of an indictment, (2) the concept of autre fois acquit (3) the scope of principal’s liability for agent’s action, (4) the dynamics of vicarious liability in common law jurisprudence, and lastly. (5) the concept of ethics. We may now briefly examine the case under these headings seriatim.

(1) The notion of prima facie prove of an indictment
Expectedly, when this matter became publicized, the Legal Practitioners Disciplinary Committee (LPDC), in due response to its statutory responsibility, promptly set up a Committee to ascertain if there is a prima facie case against Chief Olanipekun and Partners that ought to require, among other things, his stepping down from the chairmanship of the Body of Benchers. The Committee duly sat, examined the facts and the evidence in all details and entirety, and came to a conclusion that THERE WAS NO PRIMA FACIE CASE AGAINST CHIEF OLANIPEKUN and his PARTNERS.

The integrity of the Committee was never impeached on any ground, the NBA never formally questioned and or appealed the decision of the Committee, rather it accepted it by silenc. As lawyers we know the prima facie proof phenomenon is a principle developed to ensure that all frivolous, unfounded allegations and trumped-up charges are not allowed to engage the judicial machinery as this may lead to undue waste of time and displacement as worthy cases will be competing with frivolous ones for judicial attention.

Thus, all unfounded, ill-conceived and baseless allegations are meant to be caught in the web of prima facie scrutiny. This was exactly what happened in this case when the Committee refused to proceed against Chief Olanipekun and Partners on the grounds of a misdeed by a member of his reputed firm. More so when the said member had already confessed to her misdeed and contritely exonerated her principal and the firm from any involvement in her needless action.

Under the law, when a matter is said to lack substance prima facie, that, invariably is the end of it. The matter is never meant to be resuscitated under whatever guise, except new facts are presented, thus the present attempt by the NBA President who suddenly woke up from his deep slumber to resuscitate this matter seems incredibly aberrant of establish legal principles on prima facie proof phenomenon. If the NBA President has any personal grudges against Chief Olanipekun, we believe using the Presidency of the Bar to settle scores is an ill wind that will not blow the Legal profession any good.

(2) The concept of autre fois acquit

This point is a natural corollary to the point raised above. One of the fundamental principles in criminal jurisprudence is the right of the person accused to raise the plea of either autre fois acquit or autre fois convict. Under this, the person accused claims that the present proceedings against him should cease on the grounds that they have already been tried and acquitted (or convicted) in respect of the same facts or conduct. We contend here that the present allegation against Chief Olanipekun on the basis of facts already reviewed, evaluated and definitively pronounced on by the Sub -Committee set up by the LPDC is absolutely unwarranted. From the looks of things, it appears that the NBA President would probably have been happy if the said Committee had found that there was prima facie case against Chief Olanipekun and Partners .But because facts are sacred and not amenable to anyone’s whimsical discretion Maikyau and his group of detractors were utterly disappointed . In a nutshell, it is very difficult to comprehend the genuine basis of the NBA’s President’s resuscitation of this matter in the light of what had transpired till date.

(3) The scope of principal’s liability for agent’s action

Looking at this matter in another legal perspective. We may ask the question, “Shouldn’t Chief Wole Olanipekun SAN, be culpable if we construe the writer of the letter as his agent?” Under the law of agency, which is civil in nature an Agent of a disclosed Principal may subject his principal to vicarious liability. However, this construction is delineated by a number of factors viz; If the principal expressly consents to the act of his agent and stated the scope of the latter’s authority, then the person is deemed to be an agent and assumed to possess the warranted authority. The principal can also be deemed to have invested an agent with authority through his action, even if not specifically expressed. Any action done by the agent beyond the scope of the authority expressly or impliedly given to him or her is ultra vires and not binding on the principal save if the principal subsequently ratifies the action. The pertinent question now in the instant case is, “Can the writer of the email be deemed to be an agent of Chief Olanipekun as to warrant the latter’s culpability?”

The honest answer is a resounding “No”, a person does not automatically possess the right to represent the office he or she works for unless, expressly or implied given that authority to the knowledge of external party the person deals with. This means that the letter written by Ms. Ogunde can by no means be said to be representative of the true intents, position and stance of Wole Olanipekun SAN & Co, moreso when Ms Ogunde herself has come out to declare she acted on her own volition.

(4) The dynamics of vicarious liability in common law jurisprudence

It is a trite principle in criminal jurisprudence that every person is liable for his crime and nobody ought to be punished for crime committed by another person. The person who wrote the offending letter in this case is not a spirit, but rather a human being in flesh and blood. She has come out with a contrite heart that she committed the unethical behaviour on her own accord without prompting from any of the Partners in her Chamber. The Lady is a lawyer directly under the jurisdiction of the NBA and its LPDC which has the power to discipline her. Why for God’s sake should we insist that an innocent legal guru who has contributed to the development of legal profession be sacrificed along with the seemingly erring lady?

(5) The concept of ethics.

One of the highpoints in the NBA’s President’s letter is the innumerable references to ethics, which purportedly grounded his insistence that Chief Olanipekun must be subjected to another round of probe. But ethics is about doing justice to everyone; ethics would not allow anyone to be unduly punished on accounts of misdeed of others even if they are blood-related, not to talk of mere Partners working in the same office! It is unfortunate that a lot of people unashamedly mouth the mantra “ethics” even when they are engaging in design to bring other people down. Those who are genuinely concerned about ethics would never allow an innocent person to be unduly disgraced under the disguise of due process and contrived ethical concerns.

Conclusion

The present letter by the NBA President, unfortunately smacks of negative and invidious attempt to whip up unnecessary emotions in castigating a respected legal personage in the person of Chief Olanipekun. We have shown from the above submissions that the allegations cannot stand in the face of all aspects of pertinent laws and ethical considerations on the matter. Mr. Maikyau is advised to concentrate on programs that will take the NBA to greater heights rather than engaging on divisive, ill-motivated and disruptive agenda that will not only sabotage him but also capable of throwing the bar, over which he presides, into turmoils .

Mr Maikyau, in his letter, went to town on how to save the bar from scandal and how to condition the minds of the younger ones at the bar to the norms and ethos of the profession. Well said, but there is no more accurate and safer way to lead young lawyers into the norms of the profession than by abiding by the established legal principles. The young lawyers need to be convinced about what they had learnt in their law faculties regarding the sanctity of legal principles as evinced in autre fois acquit/convict. They need to see in practice that once a person has been acquitted, discharged and/or convicted of any offence there should be no more subsequent proceedings on the matter except where new facts emerges.

The young lawyers need to be convinced that the aphorism of “No vicarious liability” in criminal law is real and not only exist on the pages of their textbooks. They must also know, among other things, that ethics and justice go hand in hand and that nobody ought to be scandalized and mischievously brought down on the bases of what other persons do without their consent. If the NBA President’s view on this matter is entrenched, then nobody who has built and nurtured reputation anchored on hard work and enviable accomplishments will ever feel safe for the fear of being unfairly undermined by a Juda in the system.

It should also not go unnoticed by every fair-minded person the timing of this letter. The letter was dated December 4th, and asking Chief Olanipekun to recuse himself from presiding at the Call to Bar Ceremony commencing on December 6th, just 48 hours before the ceremony. That in itself is a confirmation of malicious intent!

In the final analysis, we wish to advise the NBA President to focus on the job he was elected to do and stop pandering to the dictate of his god father. Three Months after assuming office, Maikyau is still wandering in the sea of doubts unable to chart a direction for his Presidency. He enjoys the visibility which NBA Presidency confers on his person but lacks the capacity to start implementing his agenda. He seeks second level approval from his Predecessor for every steps he has taken so far and has shown that he is a Puppet in NBA house. The NBA President should desist from swimming in the murky water of bar politics in his own interest.

Mr. Muritala Oladimeji Abdul-Rasheed, SAN (a.k.a Murray) is a former NBA Publicity Secretary while Mr. Mutalubi Ojo Adebayo, SAN is a former Oyo State Attorney General

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NJC REINSTATES JUSTICE OFILI-AJUMOGOBIA

The National Judicial Council (NJC) has reinstated Justice Rita Ofili-Ajumogobia as a judge of the Federal High Court.

A circular obtained by CITY LAWYER and signed by the Chief Judge of the Federal High Court, Justice John Tsoho stated that the reinstatement takes immediate effect, adding that there shall be consequential posting.

Dated December 5, 2022 and titled “Reinstatement of Honourable Justice RN Ofili-Ajumogobia to the Federal High Court Bench,” the 3-paragraph circular read: “Your Lordships are by this Circular letter notified that at the Meeting of the National Judicial Council held on the 1st of December, 2022, the Council reinstated the Hon. Justice R. N. Ofili-Ajumogobia as a Judicial Officer.

“The reinstatement takes instant effect and there shall be consequential posting.”

Justice Ofili-Ajumogobia was prosecuted by the Economic and Financial Crimes Commission (EFCC) on a 15-count charge bordering on money laundering and breach of public trust.

Justice Ambrose Lewis-Allagoa of the Federal High Court however discharged Ofili-Ajumogobia while granting her application to quash and dismiss the allegations. The application to quash was filed and argued by her counsel, Mr. Olawale Akoni SAN.

Akoni had told the court that the application was sequel to an order of Justice Binta Nyako of Abuja Division of the Federal High Court which quashed all the recommendations of the National Judicial Council (NJC).

Akoni also told the court that by virtue of the judgment of Justice Nyako delivered on November 28, 2019 in the suit between Ofili-Ajumogobia and NJC, the judge had quashed the council’s report and recommendations, and that Justice Ofili-Ajumogobia had been reinstated.

While ruling on the arguments and submissions by the parties, Justice Allagoa said: “I have looked at the application. I have also looked into the counter-affidavit of the prosecution; it is not indeed controverting the application.

“I am satisfied that the application has merit, the prayers sought for are hereby granted as prayed.”

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BENCHERS’ MENTORING CHAIR, GADZAMA WELCOMES NEW WIGS

The Chairman of the Mentoring Committee of the Body of Benchers, Chief Joe-Kyari Gadzama SAN has welcomed the 4,711 new wigs to Africa’s largest Bar.

Saying that it was his pleasure to be a part of the Call to Bar ceremonies for the new wigs, Gadzama congratulated the new wigs that finished with excellent results and encouraged others to keep their heads up and focus on making marks in the legal profession.

Gadzama announced that the Mentoring Committee would soon commence a Mentoring programme where members of the Body of Benchers would mentor young lawyers of zero to 7 years post-call experience.

The programme would commence in the first quarter of 2023 with a session for members of the Body of Benchers (Mentors) to elucidate the guidelines and modalities for the Mentoring scheme. A similar session would be held for the prospective mentees afterwards.

He stated that the mentees would have the opportunity to give feedback on their Mentors and vice-versa. Afterwards, certificates would be issued to the participants.

He urged young lawyers to anticipate more information on the programme soon.

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LITIGATION LAWYER WANTED URGENTLY IN LAGOS LAW FIRM

A reputable law firm based in Surulere, Lagos requires urgently the services of legal practitioners with minimum 5 years post-call experience.

The ideal candidate must possess litigation experience and should be able to work without supervision.

The salary is competitive and in accordance with industry standards.

Interested candidates should email legaljobs77@gmail.com.

Please note that only shortlisted applicants will be contacted.

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COURT AWARDS N5M DAMAGES AGAINST POLICE, EX REPS MEMBER

A Federal High Court sitting in Lagos has awarded N5 million against former House of Representatives member, Hon. Monsuru Alao and the Nigerian Police Force for unlawful arrest and detention of a contractor, Mr. Lawrence Adeleke Amure.

According to a judgment obtained by CITY LAWYER and delivered last Wednesday by Justice Chukwujekwu Aneke, the court held that “From the totality of the affidavit evidence placed before the court, the 1st Respondent did not only report a case of alleged fraudulent conduct against the Applicant but was effectively the controlling and directing mind of the actions of the 2nd – 4th Respondents.”

In an application brought by fiery litigator, Mr. Adeleke Agbola SAN on behalf of the Applicant, the court held that “The 1st Respondent firstly lured the Applicant into coming to his residence with the promise of giving him another contract job where he has stationed the 2nd – 4th Respondents waiting to pounce on the Applicant once the Applicant shows up and from there willy-nilly dragged the Applicant to the site of the alleged shoddy work done by the Applicant and finally to the Denton Police Station with all the associated indignities and infractions of his fundamental human rights.”

The court held that “There is no doubt that no matter how aggrieved the 1st Respondent might have been about the alleged shoddiness of the contractual work done by the Applicant and the purported delay thereto that the relationship between the parties is purely one of civil contractual relationship of which the 1st Respondent’s remedy lies in approaching the civil court for redress rather than resort to the Police to settle score.”

Justice Aneke further held that the Respondents “grossly infringed on the fundamental rights of the Applicant.”

The court made a declaration that the arrest of the Applicant by the Police “at the promptings, behest and instigation of the 1st Respondent for the purpose of enforcing refund of the contract sum from the Applicant for the 1st Respondent is a gross violation of the Applicant’s fundamental rights,” adding that the act “is therefore unlawful, illegal and unconstitutional.”

Justice Aneke then gave an order of perpetual injunction restraining the Respondents by themselves, agents, servants or privies from harassing, arresting, detaining, humiliating or otherwise disturbing the Applicant in the lawful pursuance of his work among others.

The judge also gave “AN ORDER awarding the sum of N5,000,000.00 (Five Million Naira Only) to the Applicant as damages and compensation for unlawful detention and violation of his fundamental rights by the Respondents.”

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LAW SCHOOL 1995 CALL SET HAILS MALGWI, OKORO ON SAN RANK

The Nigerian Law School Call Set of 1995 (NLS1995) felicitates with and celebrates its esteemed members, Andrew Mwajim Malgwi SAN, Deputy Head of Chambers in the renowned Law Firm of Rickey Tarfa & Co. and Damian Ohakwe Okoro SAN, Managing Solicitor of the acclaimed law firm of D. O. Okoro & Associates, on their well deserved conferment with the rank of Senior Advocate of Nigeria (SAN). 

The new SANs with Prince Yusuf Asamah Kadiri SAN, Secretary of Board of Trustees, NLS 1995.

* The new SANs with Prince Yusuf Asamah Kadiri SAN, Secretary of Board of Trustees, NLS 1995

The Set is proud of their achievement and happy to be associated with them as our members. 

We wish the new Silks well in their new rank and we are confident that the elevation will spur them to further rededicate themselves to the service of humanity, the legal profession and our dear Association.

Once more, hearty Congratulations!!!

Signed

Eleleri Otahagwa Esq.

PRO/Organising Secretary, NLS 1995.

CJN ON G5 GOVS: CONFUSION, AS VIDEO SURFACES (VIDEO)

A video now trending online has thrown spanner in the works of the statement by the Supreme Court that Chief Justice of Nigeria, Justice Olukayode Ariwoola (GCON) did not express happiness over membership of the “Integrity Group” by his Oyo State Governor, Engr. Seyi Makinde.

CITY LAWYER recalls that controversy has trailed the alleged comment by Justice Ariwoola that he was glad that Makinde is a member of the break-away group of Peoples Democratic Party (PDP) governors spearheaded by Rivers State Governor Nyesom Wike.

A statement by the Director of Information and Press, Supreme Court of Nigeria, Dr Festus Akande had dismissed the allegation as the handiwork of desperate politicians and mischief makers in the run-up to the 2023 General Elections.

According to the statement, “We can’t really pinpoint where such barefaced falsehood is coming from, and certainly, we don’t also know at what point the CJN said he was happy that Governor Seyi Makinde of Oyo State was a member of the now christened “Integrity Group” or “G-5 Governors.”

Continuing, the statement added: “Similarly, he said he was very surprised to see the “G-5 Governors” (“Integrity Group Governors”), just as he equally expressed the same surprise when he saw them in Ibadan, Oyo State, during the reception organised in his honour by his state government in October 2022.
“His surprise particularly stemmed from the fact that he saw his own State Governor, Engineer Seyi Makinde (who incidentally is a member of the “G-5 Governors”) at the Port Harcourt occasion.”

However, the video obtained by CITY LAWYER shows that while the Chief Justice of Nigeria was clearly speaking jocularly about Makinde’s relationship with Wike, he stated that he was “happy that my own Governor is one (of the G5 Governors.”

His words: “I understand he (Governor Wike) will continue to commission projects till his last day in office. There are projects wide open all over the place.

“And that’s why we should not be scared to have these men of Integrity Group. And I am happy that my own Governor is one because, you know, he will try to imitate his friend and in-law because we came here to marry for my Governor.

“His Excellency, Governor Wike will always threaten that he will call back his sister if my Governor fails to play ball. And that’s why if you see him following His Excellency (laughs), my Governor is afraid of his wife being recalled.”

Meanwhile, a leading criminal trial lawyer, Mr. Ahmed Raji SAN has also dissociated Justice Ariwoola from the controversial statement, saying that the Chief Justice of Nigeria only joked about the closeness that existed between the Wike and Makinde.

According to Raji who is also the President of Oke-Ogun Development Consultative Forum (ODCF), the umbrella body of indigenes of Oke-Ogun area of Oyo State, “I was at the said occasion at Port Harcourt and there was never a time the Chief Justice of the Federation said anything about being in support of the group of PDP five governors, he only made jokes about how the closeness between the Oyo State governor and governor Wike is strong which he attributed to the fact that governor Wike is the in-law of Seyi Makinde.

“For anybody to think the Chief Justice of the Federation will come down to such level as discussing party issues is ridiculous, I enjoin media organizations to please scrutinize information their reporters bring to them to avoid creating crisis and smear the images of people.”

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EFCC SHUNS COURT ORDER, WITHHOLDS SHASORE’S PASSPORT

The Economic and Financial Crimes Commission (EFCC) has defied an order of the Federal High Court to transmit the international passport of embattled former Lagos State Attorney-General & Commissioner for Justice, Mr. Olasupo Shasore SAN to the court’s registry.

Meanwhile, the absence of EFCC Prosecutor, Mr. Bala Sanga yesterday scuttled the trial of Shasore for alleged money laundering.

When the matter came up yesterday, the Lead Defence Counsel, Mr. Wale Akoni SAN told the court that the anti-graft agency had not complied with the order to deposit Shasore’s international passport with the court’s registry.

He also noted that the defence team was in receipt of a letter by the prosecutor requesting an adjournment of the case as it conflicted with another criminal matter that he has in an Abuja court.

Following the abortion of trial, Justice Chukwujekwu Aneke adjourned the matter to February 21, 2023 for trial.

Though Sanga had during arraignment prayed the court to remand Shasore in custody, the court had ruled as follows: “There is no doubt that the court must strike a balance based on the evidence before it, between the constitutional rights of the defendant to liberty and presumption of innocence and the rights of the state to prosecute its erring citizens,” the judge held.

“The defendant’s application for bail succeeds and the bail is accordingly granted in the following terms:

“Defendant applicant is admitted to bail in the sum of N50 million with one surety in like sum. The surety must be a serving director or a permanent secretary in the service of the federation or the Lagos state government. Surety to produce two copies each of his or her recent passport photograph and evidence of payment of tax or tax clearance.

“The defendant’s international passport with the complainant shall be deposited with the registrar of this court pending trial. This is the ruling of the honourable court.”

CITY LAWYER had in an exclusive report noted how a four-man team of Senior Advocates had battled to secure bail for Shasore following his arraignment last October on a four-count charge bordering on money laundering. The team was then led by Mr. Charles Candide-Johnson SAN. Others in the defence team were Dr. Muiz Banire SAN, Mr. Segun Ajibola SAN, and Mr. Chijioke Okoli SAN.

The matter is filed as Charge No. FHC/L/447C/2022, Federal Republic of Nigeria and Olasupo Shasore, SAN. Shasore was the Chief Law Officer during the administration of former Lagos State Governor, Mr. Babatunde Fashola SAN.

Count one of the charge reads: “That you Olasupo Shasore, S.A.N. on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court induced Olufolakemi Adelore to commit an offence, to wit accepting cash payment of the sum of US100,000.00 (One Hundred Thousand United States Dollars) without going through a financial institution which such exceeded the amount authorised by Law and you thereby committed an offence contrary to section 78(c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 16(6) of the same Act.”

Count two reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court, in a transaction without going through a financial institution, made cash payment of the sum of USD 100,000.00 (One Hundred Thousand United States Dollars) to Olufolakemi Adelore through Auwalu Habu and Wole Aboderin, which sum exceeded the amount permitted by Law and you thereby committed an offence contrary to sections 1(a) and 16(1)(d) the Money Laundering (Prohibition) Act, 2011 (as Amended) and punishable under section 16(2)(b) of the same Act.”

Count three reads: “That you Olasupo Shasore, S.A.N., on or about the 18th November, 2014, in Lagos within the jurisdiction of this honourable Court, induced one Ikechukwu Oguine, to commit an offence, to wit: accepting case payment of the sum of USD100,000.00 (One Hundred thousand United States Dollars) without going through a financial institution, which such amount exceeded the amount permitted by Law and you thereby committed an offence contrary to Section 18(c) of the Money Laundering Act, 2011 (as amended) and punishable under Section 16 (2)(b) Of the same Act.”

Count four reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through a financial institution and made cash payment of the sum of USD100,000.00 (One Hundred thousand United State Dollars) to one Ikechukwu Oguine which sum exceeded the amount permitted by Law and you thereby committed an offence contrary sections 1(a) and 16(1),(d) of the Money Laundering (Prohibition Act, as amended) and punishable under section 16 (2)(b) of the same Act.”

It is recalled that Shasore was last January invited by the anti-graft agency to shed light on his involvement in the Process and Industrial Developments (P&ID) case. The former Lagos attorney-general had represented Nigeria on the P&ID case.

The Federal Government had told a UK court that Shasore colluded with P&ID to pervert justice in the controversial gas supply purchasing agreement (GSPA) contract. Shasore denied the allegation.

The P&ID had won a $9.6 billion judgment against Nigeria in a British court, claiming that it entered a contract to build a gas processing plant in Calabar, Cross River State. The company stated that the deal collapsed because the Federal Government did not fulfil its side of the bargain.

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NAIRA REDESIGN, ARABIC INSCRIPTION AND 1999 CONSTITUTION

BY CHIEF MALCOLM OMIRHOBO

The Arabic inscription on the redesigned 200, 500- and 1000-Naira notes is not only a clear violation of the provisions of sections 10, 42(1)(2) and 55 of the Nigerian 1999 constitution but inimical to the unity of Nigeria.

Arabic is not one of the four official languages of Nigeria namely English, Yoruba, Hausa and Igbo. It is not indigenous to Nigeria and therefore to have it on our country’s currency offends the clear provisions of section 55 of the constitution.

Bearing in mind that Nigeria is a multi-religious secular state, the Arabic inscription on the redesigned Naira notes is a flagrant violation of section 10 of our constitution because it is tantamount to the Nigerian government adoption of Arabic language which is the official language of Islam as an official language of Nigeria and by so doing propagating Islam and Arabic language over and above other religions and indigenous languages in Nigeria .

The Arabic inscription on the redesigned Naira notes is a gross violates section 42 (1)(a)(b) of constitution because Nigeria is multi ethnic country with over 500 indigenous languages and so to single out only Hausa language to be written in Arabic for the benefit of the Hausa man who does not have Western education is discriminatory to Nigerians of other ethnic nationalities of other languages who are not equally educated in Western education.

The argument that the Arabic inscription on the Naira notes is to help majority of the population of Northern part of Nigeria who are not educated in Western education to accept the face value of the Naira notes cannot hold water, 62 years after Nigeria’s independence. because practically every Nigerian even the blind knows the face value of 200, 500- and 1000-Naira notes. Again, the argument is preposterous when the so-called uneducated Northerner Knows the face value of all the denominations of the British Pounds Sterling and America Dollars without the aid of Arabic inscription on them. And effectively control foreign currency black market to the exclusion of other Nigerians

To put Arabic inscription on the redesigned Naira notes for no just cause without considering national interest is inimical to the unity of Nigeria and It is about time for every Nigeria to insist on the secularity of Nigeria because it is one of the Pillars of our unity. Taking away the secularity of Nigeria simply means that we are already at the bridge to renegotiation the unity of Nigeria through a referendum.

It is about time we realise as Nigerians that no religion is superior to the other, no ethic nationality is superior to the other and no language is superior to the other and that we are all equal before the constitution and our creator.

The Arabic inscription on the Naira notes in modern day Nigeria serves no purpose other than to be placed in our museums as historical relics and artefacts no apologies to religious bigots who are fanning the embers of religious discord based on parochial sentiments aimed at promoting disunity among Nigerians.

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LAWYERS OWE HIGHER DUTY TO COURT THAN CLIENTS, SAYS OGUNLEYE

A former Chairman of Nigerian Bar Association (NBA), Lagos Branch, Mr. Martin Ogunleye has warned lawyers not to shirk their duty to courts and the cause of justice.

Speaking at the recent monthly meeting of Eti-Osa Lawyers Forum (ELF), Ogunleye noted that “Though a lawyer owes a duty to client who hires him, he must always bear in mind that he owes a higher duty to a cause higher than that of his client, the cause of justice. A lawyer who distorts or massages the facts in the record may win his client’s case, but such apparent victory would amount to a betrayal of justice.”

He stated that a lawyer, while owing a duty to his client under and by virtue of the contract for service, “also owes a duty, albeit a higher one, to the court by virtue of being an officer of the court.”

According to the Bar Leader, “It should naturally be expected that where the lawyer owes duties to different parties (in this case, his client on the one hand and the court on the other), there are bound to be conflicts along the way.

“Some examples of conflicts that could arise are apparent from even the rules of professional conduct itself. Whilst Rule 14(1) enjoins a lawyer to devote his attention, energy and expertise to his client’s case, Rule 14(2)(e) directs that he must inform the client if his case is hopeless. Where the case is hopeless, does the lawyer just go ahead to abandon the case? If he does not, would he not be in breach of Rule 15(3)(b) which prohibits a lawyer from filing or delaying a case just to harass or injure another person or in breach of Rule 30 which forbids a lawyer from engaging in any act that may obstruct, delay or adversely affect the smooth administration of justice?”

He however concluded that “a lawyer is an officer of the court even whilst representing his client. He owes a duty to the court, and by extension, to the course of justice and this duty must never be shirked.”

The former NBA Lagos Branch helmsman had earlier commended the leadership of the Forum “for the laudable programmes” aimed at the professional development of its members, even as he hoped that the forum would attain full branch status soon, “having fulfilled all the requirements necessary to become a branch of the NBA, particularly having a Courthouse/judicial division and above 50 members.”

The Chairman of the forum, Mr. Adewale Sanni commended Ogunleye “for the incisive and insightful lecture” and urged him not to relent in promoting mentorship within the Bar.

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ESCHEW JUDGMENT WITHOUT JUSTICE, AFAM OSIGWE URGES JUDGES

In this piece to herald the 2022/2023 Legal Year of Rivers State Judiciary, senior lawyer and former Nigerian Bar Association (NBA) General Secretary, MAZI AFAM OSIGWE SAN urges the nation’s Judiciary to reverse public perception that judges deliver judgments that do not give justice, even as he called on the Bar to be ready to defend the Judiciary when necessary

IT IS IMPERATIVE TO ONLY APPOINT JUDGES WHO GIVE JUST JUDGMENTS

The imperativeness of appointing judicial officers who shall judge rightly, give just judgments and not pervert justice was at the center stage today (23/11/2022) during the opening of the 2022/2023 Legal Year and Re-dedication service of the Rivers State Judiciary. To underscore this, the first lesson was taken from Deuteronomy 16: 18-20. It was read by the Governor of Rivers State, His Excellency Nyesom Ezenwo Wike.

The passage reads:
“You shall appoint judges and officers in all your gates, which the Lord your God gives you, according to your tribes , and they shall judge the people with just judgement. You shall not pervert justice; you shall not show partiality, nor take a bribe, for a bribe binds the eyes of the wise and twists the words of the righteous. You shall follow what is altogether just, that you may live and inherit the land which the Lord your God is giving you”.

As I wish the Rivers State Judiciary, lawyers , judiciary workers and all court users a productive and result-driven Legal Year, may I remind all members of the legal community in Nigeria of the truth of the statement made by one-time Chief Justice of Nigeria, Honourable Justice Dahiru Musdapher, on Monday, the 19th day of September, 2011, that the society is not entirely satisfied with the judiciary (I dare say lawyers too). According to His Lordship, “Hard as it may be to accept, we feel it is less important to focus on whether this assessment is fair or not. The important thing is for us to transparently come to terms with the prevailing realities accept the gap in expectations, and do our utmost to bridge it”.

More Nigerians readily agree that many of our courts do not give justice I.e. they deliver judgments that do not give justice, waste a lot of time, are corrupt, are places where judicial power is easily abused and the poor oppressed. Many believe the judiciary does not protect the indigent, as the rights and interests of the citizens are no longer perceived to be a priority for the courts. Many believe the delays and increasing cost of litigation have cost the judiciary of its description as the “last hope of the common man”. Many will readily point at many things that are wrong with the justice delivery system while acknowledging their successes. Lawyers, judges, law enforcement officers and court staff are routinely blamed for these problems. The people lament the penchant of the legislature in amending the constitution and electoral laws to give pre-eminence to electoral matters at the expense of commercial disputes, human rights violation and criminal cases. There is therefore a huge gap between peoples’ view of the type of justice to expect in the country and what obtains in our very courts.

“More Nigerians readily agree that many of our courts do not give justice i.e. they deliver judgments that do not give justice, waste a lot of time, are corrupt”

The expectation of a justice delivery system that is efficient, effective, even-handed and cost-effective is not baseless, as the effectiveness or otherwise of the justice system of any social order and reflects the confidence the public has in it. It also shows the extent to which state and authorities are able to achieve regulative capability among the citizens. Sadly for Nigeria, the common man, the rich and the state do not have confidence in the justice system.

It is a commonly agreed position that Nigeria can only attain the much desired socio-economic and political development, stability and sustainability if it has an effective and efficient justice system. Such justice system will guarantee the maintenance of laws and regulation of the state, citizens behaviours and relations. Nigerians are groaning under the weight of depleted public revenue occasioned by profligacy, waste in governance, misplaced priority, terrorism and insecurity, lack of transparency in the management of public funds, corrupt practices, gross violation of human rights, prolonged detention without trial, disobedience of court orders, intimidation of judicial officers etc. Accordingly, Nigerians expect that the only thing that could guarantee them some degree of enjoyment of their fundamental rights as well as accountability in government is effective administration of justice. We hope that all of us will join hands to ensure we enjoy effective justice delivery in Nigeria.

This piece is not to suggest that the judiciary has not done well or acted in the overall best interest of Nigeria, but to show that more remains to be done. Indeed, the effects of interference, intimidation, insufficient funding /lack of financial autonomy among others on administration of justice are not lost on one. Intimidation and lawlessness by members of the executive especially law enforcement agencies abound. They show contempt to court orders when they are not in their favour or do not please them. The legislature is not left out in this trend.

The judiciary, in a democratic polity like Nigeria must be properly insulated from undue political pressures and the attendant political manipulation or executive interferences. Access to judges outside official channels has been one of the greatest problems that further threaten the independence of the judiciary in Nigeria.

We can get it right only if we choose. Right persons must be appointed as judicial officers. There should be an objective of assessing them without undue reliance on the number of judgments they deliver. They should be insulated from all forms of interference and intimidation. The Bar must of course be there to speak on their behalf when they cannot. The constitutionally enshrined financial autonomy must be respected. Lawyers have a pivotal role to play in all this.

#fortheloveoftheprofession #dedicatedtojustice
#lawyers
#nigerianbarassociation

MAZI AFAM OSIGWE, SAN
23/11/2022, Port Harcourt

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LAW SCHOOL 1995 SET MOURNS PROF. AKANBI

The Nigeria Law School 1995 Call Set has commiserated with the family of their classmate, Prof. Muhammed Mustapha-Akanbi SAN on the passing of the legal scholar.

In a statement made available to CITY LAWYER, the Class President, Cordelia Uwuma Eke, described Akanbi as “one of the founding members of the Nigeria Law School 1995 Call Set. He was popularly called MM by many of his class mates.”

Continuing, Eke who is also the Secretary to the Nigerian Bar Association (NBA) Electoral Reform Committee, stated that the law teacher and former Vice Chancellor of Kwara State University (KWASU) “will be remembered for his humility, gentle disposition, smooth and cordial relationship with his Call mates, commitment to the Association and much more.”

Concluding, Eke declared that Akanbi “was indeed an Achiever and will be greatly missed by us,” adding: “We condole with his family, relatives and close associates, and pray God to grant his soul eternal rest.”

In a flyer sighted by CITY LAWYER, the Class had stated that “The Nigerian Law School 1995 Call Set (NLS 1995) mourns the sad and painful demise of its very noble and distinguished member, Prof. Muhammed Mustapha-Akanbi SAN, on Sunday, 20th November, 2022. Until his death, Prof. was the Vice Chancellor of Kwara State University. His remains will be laid to rest according to Muslim rites.” Akabi was interred last Monday in Ilorin, Kwara State.

He served as a Legal Assistant in the Legal Unit of the Central Bank of Nigeria in Lagos. He practiced in the Law Firms of Wole Bamgbala & Co, Lagos, Olawoyin and Olawoyin, Lagos and Ayodele, ‘Gafar & Co, Ilorin between 1996 and 1998.

In 1998, Akanbi proceeded to the University of Lagos, Akoka where he bagged a Masters Degree in Law (LLM) and obtained a Doctorate Degree in Law (Ph.D.) from the King’s College, University, London in 2006.

In August 1998, Akanbi joined the service of University of Ilorin as the Lecturer 2 in the Department of Business Law at the University’s Faculty of Law. In his over two decades career period at the University Prof. Akanbi held several administrative positions, chief of which were; Sub-Dean, Head of Business Law Department, Postgraduate Representative, Senate Member, Dean of Law, Deputy Director of the Centre for Research Development and In-House Training (CREDIT) and Director, School of Preliminary Studies, Fufu Campus, University of Ilorin, he rose through the ranks and was appointed a Professor of Law in the Department of Business Law in October, 2012.

Akanbi also served as the Chairman of the Nigerian Bar Association, Ilorin Branch between 2007 and 2009. He was elevated to the rank of Senior Advocate of Nigeria in 2018.

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MAIKYAU VISITS MALAMI, VOWS OVERSIGHT OF JUDGES’ SALARY REVIEW

PRESS RELEASE

NBA-AGF EFFORTS YIELD RESULTS: RMFAC TO IMMEDIATELY IMPLEMENT ENHANCED PAY FOR JUDICIAL OFFICERS, CALLS FOR MEMORANDUM FROM THE NBA

The Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN yesterday, 21 November, 2022 reiterated the approval of President Muhammad Buhari for the immediate implementation of enhanced salaries and allowances for Nigerian judicial officers. The Minister of Justice who had earlier announced the president’s approval at the commissioning of the Graham-Douglas campus of the Nigerian Law School in Port Harcourt last Friday, restated this during a courtesy call on him by the National Executive Committee of the Nigerian Bar Association(NBA) led by the NBA President, Yakubu Chonoko Maikyau, OON, SAN.

Recall that since the inception of the Maikyau-led administration of the NBA, the NBA has stepped up her campaign for the improvement in the welfare of Nigerian judicial officers. The NBA President had committed to working with the office of the Attorney General of the Federation to ensure that this is achieved immediately.

In his Inaugural Address on 26 August 2022, the NBA President laid down the marker for this mission when he decried the fact that “an action had to be filed in court to compel the government to look into and improve the welfare of Judges and Justices…” Also, while delivering his address at the annual legal year ceremony of the Court of Appeal on 12 September 2022, Mr. Maikyau stated that “one demonstrable way by which the Government will show sincerity in the bid to recover and develop this nation, is to deliberately invest in the welfare of Judges and Justices by strengthening the human capital within the justice sector and meeting all infrastructural needs of the judiciary.” Furthermore, the Mr Maikyau reiterated in his address at the valedictory court session held on 15 September 2022 at the Supreme Court in honour of Hon. Justice Abdu Aboki (retired) , the unequivocal commitment of the Bar “to support all efforts necessary to ensure that adequate measures are put in place to guarantee the welfare of judges and justices while in service and for their comfort upon retirement.”

This consistent campaign by the NBA leadership has evidently complemented the efforts of the office of Attorney General of the Federation. In his remark during the courtesy call, the NBA President lauded the AGF for his sense of service and disclosed that the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) has recently communicated to him that it has commenced the process of reviewing the remuneration of judicial office holders to reflect the present socio-economic realities in the country. The commission had accordingly requested a memorandum from the NBA in this respect.

The salaries of judicial officers have remained the same for over 14 years. This present review by RMFAC is the first since 2008 and it is not unconnected to the vigorous campaign by the Maikyau-led NBA. The NBA President emphasised that “the NBA would keenly monitor the ongoing process for the enhanced review of salaries of judicial officers while also ensuring that the judiciary remain accountable to the Nigerian people for whom justice is being dispensed by the courts.”

Akorede Habeeb Lawal
National Publicity Secretary

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CHRISTIAN LAWYERS WARN INEC, JUDICIARY ON 2023 ELECTIONS

Lawyers under the aegis of Christian Lawyers Association of Nigeria (CLASFON) have warned the Independent National Electoral Commission (INEC) to ensure that the 2023 General Elections are free, fair and credible.

The group also called on the judiciary to ensure that it is not used to scuttle the nation’s democratic experience, urging it to shun frivolous lawsuits aimed to derail the elections.

Rising from its President-in-Council Meeting held at Bible Guest House, Ilupeju, Lagos, CLASFON, in a statement made available to CITY LAWYER, said: “As the 2023 elections draw closer, CLASFON calls on the Independent National Electoral Commission (INEC) and other relevant agencies to take every step to ensure a free, fair and credible election in line with the provisions of the extant Electoral Act. CLASFON enjoins INEC to display the highest level of fidelity to the Nigerian Constitution and the Electoral Act and reject every attempt by political actors to hijack or derail the election process.”

Continuing, it called on the judiciary “to live up to its expectation as a bold, just and independent institution and as the last hope of the common man by acting as a watchdog of Nigerian Constitution and electoral law in ensuring that the will of the people is not thwarted. The Judiciary should be resolute and should not hesitate to dismiss frivolous suits with no value other than to scuttle the electoral process to avoid a repeat of the sad and unfortunate experience of 1993 when the courts were used to prepare the ground for the infamous annulment of the June 12 Election.”

Signed by Prof. John Akintayo and Precious Nwadimuya, CLASFON’s President and National Secretary respectively, the statement also decried the insecurity ravaging the country, saying: “CLASFON is worried about the increasingly alarming and pervasive incidence of insecurity in Nigeria. While commending the efforts of security personnel saddled with the duty of securing Nigeria, CLASFON joins other well-meaning Nigerians and groups to call on the Federal Government to restructure its security architecture.”

It stated that “the Nigerian Government should not merely declare that Nigeria is safe and criticise the travel advisories released by the diplomatic missions of some countries in Nigeria, including the United Kingdom and the United States, but it must ensure that all tiers of government act with caution and take concrete and measurable steps to adequately protect the citizens and other residents of Nigeria. CLASFON calls on all relevant security agencies to brace up and discharge their constitutional and legal mandates since no country can thrive or develop amid insecurity.”

Below is the full text of the communique.

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EX NBA LAGOS CHAIR TO SPEAK AT ETI-OSA LAWYERS FORUM TOMORROW

Former Chairman of the Nigerian Bar Association (NBA), Lagos Branch, Mr. Martin Ogunleye will tomorrow deliver a speech at the Monthly Meeting of Eti-Osa Lawyers Forum (ELF).

Ogunleye will address the forum’s members on the seminal topic, “Conflict of interest in professional practice: Are lawyers officers of the court or defenders of their clients?”

According to the Chairman of the Forum, Mr. Adewale Sanni, “The Knowledge Sharing Session is a key feature of the forum’s monthly meetings aimed to shed light on topical issues that confront lawyers in practice.”

CITY LAWYER recalls that the Chairman of NBA Lagos Branch Task Force on Illegal Practice of Law, Mr. Lotanna Okoli SAN had at the forum’s last monthly meeting spoken on the topic, “Legal practice in an ailing economy: Between personal survival and professional integrity, do we have a choice?”

The monthly meeting holds on Wednesday, 23rd November, 2022 at High Court 1, Christopher Segun Court House, Ajah-Addo Road, Eti-Osa, Lagos at 1 pm.

  • M. M. A. Sanni, Chairman, Eti-Osa Lawyers Forum

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HOW BUHARI UNVEILED NIGERIAN LAW SCHOOL, PORT HARCOURT CAMPUS (VIDEO)

The Nigerian Law School has witnessed unprecedented revamp of its decayed infrastructure under the leadership of Bar Leader and Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige OFR, SAN. 

The latest addition to the list is the state-of-the-art Dr. Nabo Graham-Douglas SAN Campus, Port Harcourt, built and donated to the Council by Rivers State Government under the leadership of its Governor and Life Bencher, Mr. Nyesom Ezenwo Wike.

Commissioned on November 18, 2022 by President Muhammadu Buhari (who was represented by the Attorney-General of the Federation and Minister for Justice, Mr. Abubakar Malami SAN), the self-sustaining edifice has been adopted by the Council as a model for future campuses of the Nigerian Law School.

Many leaders of the Bar and Bench as well as key stakeholders in the justice sector attended the commissioning ceremony.

To view the ceremony, click here.

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BOSAN MOURNS, AS AKANBI IS BURIED TODAY

PRESS RELEASE

NOTICE OF DEMISE – PROF. MUHAMMED MUSTAPHA AKANBI, SAN

The BOSAN Secretariat sadly announces the demise of Professor Muhammed Mustapha Akanbi, SAN, who died yesterday, Sunday, 20th November, 2022.

Late Prof. Akanbi was born on the 24th of January 1971 (51 years), to the family of late Hon. Justice Muhammed Mustapha Adebayo Ajao Akanbi. He hails from the Ile Magaji Kemberi, Awodi, Gambari Quarters, Ilorin East, Kwara State.

He attended the Obafemi Awolowo University, Ile Ife where he obtained his Bachelor’s Degree in Law in 1993 and was called to the Nigerian Bar in 1995.

Prof. Akanbi served as a Legal Assistant in the Legal Unit of the Central Bank of Nigeria in Lagos. He practiced in the Law Firms of Wole Bamgbala & Co, Lagos, Olawoyin and Olawoyin, Lagos and Ayodele, ‘Gafar & Co, Ilorin between 1996 and 1998.

In 1998, Prof. Akanbi proceeded to the University of Lagos, Akoka where he bagged a Masters Degree in Law (LLM) and obtained a Doctorate Degree in Law (Ph.D.) from the King’s College, University, London in 2006.

In August 1998, Prof. Akanbi joined the service of University of Ilorin as the Lecturer 2 in the Department of Business Law at the University’s Faculty of Law. In his over two decades career period at the University Prof. Akanbi held several administrative positions, chief of which were; Sub-Dean, Head of Business Law Department, Postgraduate Representative, Senate Member, Dean of Law, Deputy Director of the Centre for Research Development and In-House Training (CREDIT) and Director, School of Preliminary Studies, Fufu Campus, University of Ilorin, he rose through the ranks and was appointed a Professor of Law in the Department of Business Law in October, 2012.

Prof. Akanbi also served as the Chairman of the Nigerian Bar Association, Ilorin Branch between 2007 and 2009. He was elevated to the rank of Senior Advocate of Nigeria in 2018.

Prof. Akanbi has over 60 national and international publications in reputable peer reviewed Journals with a bias in Alternative Dispute Resolution (ADR) and Arbitration Law. Until his death, Late Akanbi was the Vice Chancellor, Kwara State University (KWASU).

He will be buried in Ilorin today, Monday, November 21, 2022 in his country home according to Islamic rites.

May the soul of Prof. Akanbi and the souls of our departed members Rest in Peace. Amen

Signed:

Mr. Olumide Sofowora, SAN
Secretary

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POLICE LAUNCH MANHUNT FOR LAWYER OVER IMPERSONATION AT LAW SCHOOL EXAM

A Port Harcourt based lawyer, Wodo Godknows Aliegbulam has been declared wanted by the Nigeria Police Force for allegedly impersonating a Bar aspirant during the Bar Final Resit Examinations held last May.

CITY LAWYER recalls that the Council of Legal Education chaired by respected Chief Emeka Ngige (SAN) had dismissed Mrs. Precious Chika Nwachukwu and Mr. Gibson Uzodinma for allegedly facilitating the exchange of a student’s passport belonging to Wobo Prince Adele-Owhor to enable the embattled lawyer to sit for the examination for the Bar aspirant.

A public notice sighted by CITY LAWYER read: “This is to notify the public that the person whose picture is displayed above, Barr. Wodo Godknows Aliegbulam, a Port-Harcourt based Legal Practitioner is declared wanted by the Nigeria Police Force for the offence of Joint Act and cheating by personation (sic) committed during the Bar Part II Resit Examinations held from 7th – 13th May, 2022.”

Wodo was said to have absconded from court on June 21, 2022, leading to the issuance of a bench warrant for his arrest by an FCT Magistrates Court.

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LPDC: ‘MURIC PETITION FRIVOLOUS, VEXATIOUS,’ SAYS MALCOLM OMIRHOBO

Fiery human rights activist, Chief Malcolm Omirhobo has described as “frivolous and vexatious” the petition brought against him by the Muslim Rights Concern (MURIC).

MURIC had written a complaint to the Legal Practitioners Disciplinary Committee (LPDC) against Omirhobo “for conducting himself in a manner which is unbecoming for a legal practitioner which has caused a serious disrepute and mockery to the legal profession particularly on social media.”

Noting that the Supreme Court of Nigeria had on June 17, 2022 in a split judgement held that female Muslim students have the right to wear hijab in public schools, MURIC stated that “In protest to this judgment, Malcolm Emokiniovo Omirhobo Esq who is a legal practitioner appeared before the Supreme Court of Nigeria a week after the judgment wearing wig and gown but barefooted, with a red cloth tied around his waist, fetish necklace, and his right eye encircled with white powder, to the extent his embarrassing conduct had to force the Supreme Court to go on recess as reported by different sections of media.”

Signed by Mohammed Mansur Aliyu, MURIC noted that “the conduct of Malcolm Emokiniovo Omirhobo Esq has caused serious embarrassment and disrepute to the legal profession considering the derogatory comments and aspersions made on the apex court justices particularly on social media. His conducts amounted to ‘infamous conduct ‘under the Rules of Professional Conduct.”

But in a verified post sighted by CITY LAWYER, Omirhobo lampooned MURIC for the complaint, saying: “I have just received a frivolous and vexatious originating application in respect of the allegation of misconduct against me for dressing as prescribed by my religion in exercise of my fundamental right to freedom of thought, conscience and religion by Muslim Rights Concern (Muric) from the Body of Benchers, Legal Practitioners Disciplinary Committee. I am to file my defence within 24 days.”

The LPDC had directed the human rights activist to respond to the complaint. In a letter by its Secretary, Mr. Daniel M. Tela, the committee wrote: “RE: BB/LPDC/896/2022 MUSLIM RIGHTS CONCERN (MURIC) V. MALCOLM EMOKINIOVO OMIRHOBO, ESQ

“The above subject matter refers, please.

“Please find enclosed a copy of Originating Application against you. By virtue of Rule 10 of the Legal Practitioners Disciplinary Committee Rules, 2020, you are to submit an affidavit disclosing a defence to the Originating Application on the merit together with all other affidavits and documents that you intend to rely on within 24 days from the date of your receipt of this letter. (Please find enclosed a copy of the Legal Practitioners Disciplinary Committee Rules, 2020).

“TAKE NOTE that you shall state your full name, Supreme Court Enrolment number, your contact address, email, phone number(s) in your response.”

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INT’L MEDIATION CAMPUS HOLDS 2-IN-1 COURSE NOV. 22

The International Mediation Campus, Germany will on November 22, 2022 commence a twice-a-week training leading to certification as an International Mediation Campus certified and International Mediation Institute (IMI) qualified mediator. The virtual training will hold on Tuesdays and Thursdays for 6 weeks.

Course participants will be trained by world-class faculty from different jurisdictions, and will obtain two certificates which are recognized anywhere in the world.

The course outline includes ADR Methods, Conflict analysis, Mediation skills, Emotional intelligence, Negotiation skills, Drafting settlement terms, intensive practical role-plays and assessment.

International Mediation Campus is a Europe-based leading global institute for international certified mediation, ADR, negotiation and conflict management skills training. Its 40 hours live online sessions cover different areas of mediation, negotiation and ADR, and is certified by the International Mediation Institute (IMI) and the International School of Management (ISM).

A special 25% Early Bird discount is available for participants who register before November 20, 2022. To register, click on https://bit.ly/imcampus22. For enquiries, call 08056279400.

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NBA AND CHALLENGE OF LAW SOCIETY OF NIGERIA

LSN : IS NBA’S MONOPOLY UNDER THREAT?

By Abdulrasheed Ibrahim

This is another interesting period for the Nigerian Bar Association (NBA) as recently a group of lawyers released a press statement saying they have founded a new lawyer association to be known as Law Society of Nigeria (LSN) and rolled out the names of their protem National Executive. In their own very words in a letter said to have been sent to the Chairman of the Body of Benchers: “The Law Society of Nigeria (LSN) was founded and registered as a national organization of Lawyers admitted to practice law in Nigeria. The LSN, with membership , spread all over Nigeria, exists to empower the legal profession with quality member service (high standards of learning , competence , and profession conduct) ; facilitates access to justice , maintain and advance the cause of justice ;and promote the rule of law…”

What came to mind immediately I saw the press release was the nature of politics in Nigeria which I once referred to as a “big comedy” .When I said that, not many people particularly the lawyers took me very serious. In stating what was in my mind after reading the LSN’s press release, I said “This reminds me of the nPDP when some PDP politicians fell out with GEJ, they ran to APC but today most of them are back in the PDP trying to send APC packing. In the wake of NBA Vs. El-Rufai’s disinvitation to the NBA conference, some lawyers threatened to form NNBA .Is their threat now coming to reality? The other day when Chief Akintola SAN talked about some lawyers that don’t know the geography of the court, I saw the handwriting on the wall that there is every likelihood of split in the NBA but I kept quite because I don’t want to be tagged “a prophet of doom”. Now, who says a writer is not a soothsayer!”

In all honesty, I may not belong to the same school of thought with Chief Niyi Akinola (SAN), but I always admire him for one thing. He is a very bold and fearless lawyer that does not hide his feelings. Not many lawyers today know that Chief Akintola has been a lawyer activist as far back as 70s when as a young lawyer, he was involved in what has become to be known as ‘AKINTOLA AFFAIRS” in the history of conflict between the Bar and the Bench, when he had a brush with a prominent member of the bench that later led to the NBA’s emergency NEC meeting of 6th November 1971 where the NBA protested the conviction of its member who was lawfully discharging his duty as counsel to his client. You can read the details in my article titled: HAS THE FRATERNITY BETWEEN THE BAR AND THE BENCH GONE ON FLIGHT? That was just to illustrate how bold and fearless Chief Akintola has been. Sometime in 2020, Chief Akintola expressed the view that Nigerian lawyers were free to break away from the NBA which generated a lot of controversies among lawyers the same way his recent view generated controversies when he referred to a former NBA President as a “boy”. Is LSN heeding the call of the Learned Silk?

Although the LSN is yet to be directly linked to Chief Niyi Akintola SAN, but LSN has said that: “As a Society of lawyers in Nigeria, called to the Nigerian Bar under auspices of the Body of Benchers, the Law Society and its members are subject to the authority of the Body of Benchers and other regulatory organs as established by the Legal Practitioners Act. We commit ourselves to work with the Body of Benchers to ensure quality legal service delivery.” What is yet to be cleared as at the time of writing this is my article was whether the Body of Benchers under the Chairmanship of Chief Wole Olanipekun, SAN, CFR, a former NBA President has endorsed or approved the emergence of LSN. Chief Akintola is a closed ally of Chief Olanipekun. Already a new twist or crack has appeared on the wall of LSN as shortly after the press release by the LSN said to be presently under the leadership of Mr. Kunle Ogunba, SAN as its protem President, another Learned Silk , Prince (Dr.) Richard Oma Ahonaruogho came up with a disclaimer that as the promoter of the LSN and founding Secretary, there was no executive appointed for the LSN. Apart from this, there is also the Corporate Affairs Commission (CAC)’s angle to it that it has denied the registration of the LSN on the ground that its objectives are similar to that of the NBA.

From what looks like the mission statement of LSN, its formation is not intended to be like those other lawyer associations that go the path of regional affiliation like the Eastern Bar Forum, Arewa Lawyers Forum and the Egbe Amofin Odu’a whose impacts are always felt during the NBA national elections. LSN is also not intended to go the path of religious affiliation like National Association of Catholic Lawyers; Christian Lawyers Fellowship Association of Nigeria and Muslim Lawyers Association of Nigeria. LSN neither intends to go the path of feminist affiliation like FIDA Nigeria or AWLA Nigeria but rather wants to be on the same pedestal with the NBA. How LSN seeks to achieve this is going to be very interesting.

There is no doubt that for decades the NBA has been enjoying the great monopoly of the Nigerian Bar with all the goodies that go with it, whether the LSN will be able to pose a threat to the NBA’s existence is the question to be answered by the passage of time. There is this argument that has been raging for a very long time and that is whether by the constitutional right to Freedom of Association donated to all Nigerians including the lawyers; can a lawyer decide not to be a member of the NBA and to be bound by its rules and regulations? From the current position of law in Nigeria today, the NBA has been conferred with the title of MONOPOLY OF THE BAR by virtue of some reported cases. For instance the Court of Appeal has held in the case of NBA Vs. KEHINDE (2017) 11 NWLR 225 (Pt. 1576) that :

“The Nigerian Bar Association (NBA) was established for the purpose of regulating the affairs and conduct of all legal practitioners in Nigeria and upon being called to the Nigerian Bar, there is automatic membership to the NBA on a lawyer…Hence, as long as one has elected to join and remain within the noble profession, he is a member and ought to comply with the directive of the Association”

Prior the above decision, the same Court of Appeal held in the case of CHINWO Vs. OWHONDA (2008) 3 NWLR (Pt. 1074) at 341 that :

“The Appellant was not compelled to take up the profession of law and its attendant compulsory membership of the Nigerian Bar Association. However, once he made the choice to study and practice law and thereby placing his name on the roll of honour of belonging to the profession, he stands bound by the internal rules and regulations of the Association. There would be therefore be no issue of a breach of the Constitution of the country if the rules demand of him, undivided loyalty”

One of the brick walls that will be met and contended with by the LSN is what the Court of Appeal called UNDIVIDED LOYALTY to the NBA. Honestly and I want to be proved wrong, if we WERE to be in a military set up , those Protem National Executive would by now be facing court martial or military tribunal for planning a “coup” against the “military regime” of the NBA .

For those who may want to argue basically on the provisions of the fundamental rights under the constitution, let me go a bit further on the position of the Court of Appeal in the case of CHINWO Vs. OWHONDA (supra) per DONGBAN-MENSEM, JCA (as then was) :

“I have only a few words of mine to add in declaring that this appeal is without merit. In the exercise of their constitutional rights (Sections 39 & 40) of freedom of thought, etc, and of freedom of assembly and association, individuals elect to and do subscribe to membership in associations which sometimes curtail their rights. The Appellant, while exercising his right, joined an honourable profession of formidable societal influence and relevance which of necessity has rules and regulations to guide his professional conduct and which along the line curtails some of his choices. The Appellant was not compelled to take up the profession of law and its attendant compulsory membership of the Nigerian Bar Association. However, once he made the choice to study and practice law and thereby placing his name on the roll of honour of belonging to the profession, he stands bound by the internal rules and regulations of the association. There would therefore be no issue of breach of the constitution of the country if the rules demand of him, undivided loyalty.”

Within my restricted knowledge of law, I am not aware of any decision of the Supreme Court that has tempered with this position of law. Therefore, I can say without fear of any contradiction that the new Law Society of Nigeria (LSN) cannot swim in the same swimming pool with the NBA. But I must rightly point it out here that what prompted this kind of revolt by the LSN are often cause by the arrogance of the NBA leadership. NBA leadership very often behave tyrannically, may be basically because of its belief that it has the law on its side as seen from the above decisions of the Court of Appeal that whatever it is contained in its bye law cannot be challenged in the court of law forgetting that there are limits to every act of transgression.

NBA is a replica of what is going on in Nigeria whose leaders rather than addressing the problems on the ground would prefer to complicate it and embark on misplacement of priority. Most Nigerian leaders, the moment they get into power would become tourists travelling to different countries in the world which tourism at the end of the day add no value to the development of the country; rather than first travelling around the countries meeting with the Nigerians, listening to their plights as well as their needs and to give the assurance that the Federal Government is with them and will try as much as possible to attend to their yearnings. If this kind of attitudes have been cultivated by the Nigerian leaders from the past to the present most Nigerian peoples from different parts of the country will be very happy that their existences are being recognised by those steering the affairs of the country. The only time Nigerian leaders reach out to the people is when they need their elections, thereafter the President will sit down in the Aso Rock Villa giving directives rather than going to the scene of happening to see things for the purpose of assessment and necessary action, but unfortunately most time they behave as if Aso Rock Villa and Abuja are the only places they are meant to govern.

The emergence of LSN with its mission statement is a great indictment on the leadership of NBA, if the LSN is now talking about empowering “the legal profession with quality member service (high standards of learning, competence, and profession conduct); facilitates access to justice , maintain and advance the cause of justice ;and promote the rule of law…” , does that not mean that the NBA has failed in its primary responsibilities? Many lawyers are not happy with what is going on in NBA and that is why many of them are grumbling. Leadership self-centredness, unnecessary disqualification of candidates through some discriminatory provisions in the NBA constitution during elections and the winner take all syndromes are among the factors that are breeding discontent in the NBA.

The immediate past Akpata regime may have its lapses but at least he succeeded in bringing some far reaching reforms into the NBA. Forming a new bar association like Law Society of Nigeria (LSN) cannot be the solution to the problems on the ground, rather mutual engagement to a great extent will do the magic. Since NBA has already set up a Committee calling for memorandum from members on electoral reform and review of its constitution, I believe this is an opportunity for lawyers to make suggestions and recommendations on how the right things should be done. I have suggested somewhere else that the NBA should again look into the full democratization of the NEC membership through elections rather than through co-option. Certain percentage of NEC membership should be subject to elections to afford full participation of members of the NBA as this will create the high sense of being allowed to be part of the NBA system by many lawyers. When NBA Committees are being set up both members of the Inner and the Outer Bars must be considered to serve rather than pegging everything to the one side of the divides.

In the NBA elections, those that lose must be ready to accept defeat in the spirit of sportsmanship while those that win at the same time must be accommodating to those that lose rather than playing the game of arrogance and winner take all. Winning elections is not the only way members can contribute positively to the development of the NBA and the legal profession at large. We must continue to see ourselves as learned friends and colleagues rather than enemies. God bless the NBA and guide its leaders to be fair and just!

NOTE: Anyone is at liberty to disagree with my above submissions as I will surely appreciate a balanced, fair and objective rebuttal.

Ibrahim, a Notary Public, can be reached at abdulrasheedibrahim362@gmail.com

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NBA LAGOS REPLIES AKINLADE, SAYS DINNER FUNDS WELFARE SCHEMES

The Nigerian Bar Association (NBA), Lagos Branch has stated that its 2019 Annual Dinner posted a whopping N20 Million surplus which it deployed to fund welfare and capacity building programmes for members.

In a statement made available to CITY LAWYER and signed by the Branch Chairman, Mr. Ikechukwu Uwanna, the branch blasted former NBA Ikorodu Branch Chairman, Mr. Adebayo Akinlade for the “annual ritual” of lampooning the Branch Annual Dinner programme, describing his remarks as “uncharitable.”

Akinlade had berated the branch for its planned 2022 Annual Dinner, saying: “In 2019, I was informed that the Branch spent some 30 million Naira, I wrote about it but it seemed that it’s leaders didn’t get it. How can you spend that much on a 4 hour event?”

He added that “It was very disheartening to note that the same branch cannot even raise substantial funds to enable it’s (sic) members to respond to human rights violations and most of its committees that work to implement the core function of the NBA constitution do not have the funds to operate effectively.”

But Uwanna disagreed, saying: “Ordinarily, I would not respond to the publication given the fact that the NBA Lagos Branch reserves a right to decide how to spend its funds as budgeted and approved by its members but since it has now become an annual ritual for Mr. Akinlade to criticize the very responsible members of the NBA Lagos Branch, I consider it necessary to set the record straight.

“It is important to note that the NBA Lagos Branch has a very robust Human Rights Committee (HRC) and Programme. Indeed, the administration of the NBA Lagos Branch (building on the work of past administrations) has elevated the discourse on human rights and supported its Human Rights Committee in achieving the objectives of the NBA. The HRC has in the past year conducted an audit of inmates in Ikoyi Custodial Center. Over 200 inmates were interviewed and matters litigated in various courts.

“The NBA Lagos Branch HRC has also developed a Human Rights Scheme (the first of its kind by any Branch of the NBA). The comprehensive NBA Lagos Branch Human Rights Scheme has now been adopted by the Branch to address the Human Rights challenges we are faced with daily – in a systematic way.

“To commemorate the International Human Rights Day, the HRC is set to engage principal stakeholders in the administration of justice, through a platform called Stakeholders’ engagement dialogue series, culminating in a world-class summit on the 13th of December 2022 to create awareness on Human Rights issues.

“It is uncharitable for Mr. Akinlade to denigrate the efforts of over fifty (50) volunteers of the NBA Lagos Branch HRC who are working tirelessly to ensure that the NBA Lagos Branch fulfills its mandate to society to uphold the human rights of members and citizens of Nigeria.

“The glamorous yearly dinner of the NBA Lagos Branch is an age-long tradition. Members, Law Firms, and Corporates who find value in the hosting of this annual event donate to fund the event. We inherited this tradition from our past administrations one of which Mr. Akinlade served as Assistant Secretary many years ago. This tradition beyond its social value is another opportunity for the members of the NBA Lagos Branch to network in a very congenial atmosphere, exchange ideas, knowledge, and develop capacity for the year ahead. It is also a business development event for the Branch.

“Interestingly, every branch of the NBA (including the Ikorodu Branch under Mr Akinlade’s leadership) hosts an annual dinner or similar event. We are not aware that Mr Akinlade has stopped wining and dining in his Branch, office or household because he would rather use the funds to address human rights abuses.

“The 2019 Dinner, which Mr. Akinlade referred to in his uncharitable publication generated a surplus of about N20million, which the Branch judiciously utilized to sponsor over 100 of its members to obtain training and CIARB certification in arbitration, provide COVID-19 palliatives for thousands of young and mid-level lawyers during the COVID-19 lockdown, subscribe members to a Health Insurance Scheme and fund other welfare projects for our members. Of course, Mr. Akinlade’s bad faith won’t let him get his facts right.

“The NBA Lagos Branch is committed to a well-rounded capacity and welfare development of its members; that is why issues of Health Insurance, Mental Heath, Soft Skill Training, Mentorship, and Job placements amongst others have been on its front burner and we will continue to address these issues. Indeed, the perennial issue of remuneration of lawyers which the NBA NEC during the Olumide Akpata administration addressed by approving a comprehensive report is receiving attention from the NBA Lagos Branch and the Branch Executive Committee has resolved to recommend that the Branch should set up a TaskForce on Monday 14/11/22 to adopt and implement the new remuneration regime which will largely change the face of the legal profession.

“Our assurance to Mr. Akinlade (and any who may share his unfortunate views) is that the NBA Lagos Branch will continue to raise the Bar and do its best to ameliorate the societal issues bedeviling the Legal Profession.”

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VACANCIES: MID-LEVEL, YOUNG LAWYERS WANTED BY VICTORIA ISLAND LAW FIRM

THE FIRM
The Law Office is a full-service law firm situated at Victoria Island/Lekki, Lagos axis. The law office is mainly in commercial litigation and requires to hire the following legal practitioners:

1. MID-LEVEL LAWYER: The ideal candidate should have 5-7 years post-call experience with some experience in litigation. The preferred candidate should have capacity to work with little supervision and be computer literate.

2. YOUNG LAWYER: The ideal candidate should have 1-2 years post-call experience with an honors degree from a reputable university, must be willing and able to learn quickly and desirous to forge a career in commercial law practice area including sports and entertainment law. The preferred candidate must be very fluent in spoken and written English as well as be IT savvy.

QUALIFICATIONS
Admitted to the Nigerian Bar.

SALARY
The salary is competitive and in accordance with industry standards.

HOW TO APPLY
Interested candidates should email legaljobs77@gmail.com.

SPECIAL NOTE: The SUBJECT of the email must indicate the position being applied for as follows:

MID-LEVEL LAWYER NEEDED IN VICTORIA/LEKKI LAW OFFICE

or

YOUNG LAWYER NEEDED IN VICTORIA/LEKKI LAW OFFICE

Please note that only shortlisted applicants will be contacted.

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SENIOR ADVOCATES DOMINATE NBA FLOOD RELIEF C’TE

PRESS RELEASE

NBA CONSTITUTES FLOOD DISASTER RELIEF COMMITTEE

The NBA President, Mr. Yakubu Chonoko Maikyau, OON, SAN has constituted the NBA Flood Disaster Relief Committee which is to be headed by Mallam Yusuf Ali, SAN.

The committee’s mandate is to raise funds, identify beneficiaries and design an equitable model for allocation of relief funds/materials to beneficiaries.

The NBA President thanks the members of the committee for accepting to serve.

Attached for your reference is the full statement of the NBA President detailing the names of the committee members.

Akorede Habeeb Lawal
National Publicity Secretary

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NBA MEMBERSHIP MANDATORY FOR LAWYERS, SAYS COURT

A High Court sitting in Enugu State has ruled that membership of the NBA is mandatory for all legal practitioners and therefore automatic upon call to Bar and/or on commencement and/or continuance of the practice of the Legal profession in Nigeria.

The Court gave this decision in SUIT No. OB/27/2020: BEN OLOKO V. THE INCORPORATED TRUSTEES OF NIGERIA BAR ASSOCIATION DELIVERED ON FRIDAY, THE 29TH DAY OF JULY, 2022 BY HON. JUSTICE R. O. ODUGU, Enugu State High Court, Obollo-Afor Division.

In an originating summons, the Plaintiff claimed the following reliefs against the Defendant:
1. A declaration that the Nigerian Bar Association is not a compulsory association to which every legal practitioner becomes a member automatically upon call to the Bar or commencement and/or continuance of the practice of the legal profession in Nigeria; but a completely private and voluntary organization of legal practitioners, who are interested in the set objectives of the association and have exercised their free volition to join and or/participate in the activities of the association per time.

2. A declaration that the Nigerian Bar Association lacks the power to increase the Annual Practising Fee for legal practitioners in Nigeria, same being a function reserved for the office of the Attorney-General of the Federation, hence the Annual Practising Fees remains as stipulated under the Legal Practitioners (Bar Practising Fees) Notice, 2002, viz: Senior Advocates of Nigeria (N20,000); Legal Practitioners of 15years or more standing post call (N10,000); Legal Practitioners of 10years or more standing but less than 15 years post call (N7500.00); Legal Practitioners of 5years or more standing but less than 10 years post call (N4, 000.00); Legal Practitioners of less than 5 years standing post call (N2,000. 00)

3. A declaration that the Nigerian Bar Association lacks the power to produce and/or issue stamp and seal to be used by all legal practitioners in Nigeria in a professed bid to curb the encroachment of quacks into the practice of the legal profession, same function having been conferred on the Registrar of the Supreme Court by statute.

4. An order of perpetual injunction restraining the Defendant either by itself or its agent(s) or servant(s) from imposing any form of structures and or/duties and//or obligations on the Plaintiff and indeed all other legal practitioners, who may opt not to belong to the Defendant’s association, (including payment of annual dues; mandatory acquisition and use of Nigeria Bar Association seal and stamp on processes and documents) tends in any way to constitute the Defendant as a general umpire, overseer and/or superintendent of all legal practitioners in their practice of the legal profession in Nigeria, including the Plaintiff and other legal practitioners, who may choose not to be members of the Defendant’s association.

The issues for determination as formulated by the Plaintiffs, and adopted and determined by the Court are as follows:

1. Whether the membership of the NBA is mandatory for all legal practitioners and therefore automatic upon call to Bar and/or on commencement and/or continuance of the practice of the Legal profession in Nigeria.

Resolution: This issue was resolved in favour of the NBA by the Court.

2. Whether the NBA has the power under the law to determine (increase or decrease) tax and/or collect Annual practicing fees for legal in Nigeria.

Resolution: This issue was resolved in favour of the Plaintiff. The Court held that the NBA has no business in the collection of practicing fees direct from Legal Practitioners in Nigeria because it has no lawful power to do so based on the Legal Practitioners Act which empowers the Chief Registrar of the Supreme Court to collect the practicing fees and disburse same in accordance with the law.

3. Whether the NBA has power and/or authority to produce seal and stamps that all legal practitioners, whether they belong to the NBA or not, must affix on processes they prepare for same to be cognizable under the law.

Resolution: This issue was declared to be no longer a life issue as same was withdrawn by the Plaintiff arising from the supervening action of the AG of the Federation which the Plaintiff acknowledged.

The issue of jurisdiction raised by Defendants was resolved in favour of the plaintiff as the Court held that it has the requisite jurisdiction to hear and determine the reliefs of the Plaintiff.

In conclusion, this judgment favours the NBA in that it is compulsory for every Lawyer called to the Nigerian Bar to become a member of the NBA. The NBA still has the power to increase or decrease tax/practicing fees. However, it cannot continue to engage in direct collection of the practicing fees of lawyers in Nigeria and has been restrained from doing so.

Appearances:
The Plaintiff in Person.

Ikeazor Akaraiwe, SAN with Ejikeme Oji, Esq. for Defendant

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LAWYER CRIES OUT OVER DSS ORDEAL

Human rights lawyer, TUNDE KOLAWOLE has narrated his ordeal in the hands of alleged Department of State Services (DSS) operatives, saying there is a grand design to ruin him and his law practice.

PAVING THE WAY TO PENURY: MY ORDEAL IN THE HANDS OF SECURITY AGENCIES

MEALS are supposed to be enjoyed. But sometimes meals actually turn to saw dursts (sic) in the mouth in certain circumstances and environments. And so, it was, when I left my office this evening to have late lunch at an eatry, a stone throw away.

I had hardly settled down to the meal; when this man built like a tower, comparable to the historic Cocoa House in Ibadan (when it is normally more comfortable to be regular) strolled like an elephant towards me; with his food tray in his hands. And before you could say jack, he had landed at the table on which I was the lone occupier.

As he sat down and began to uncork his giant table water; he started his raucous rantings like robot that had been wired and timed to vomit what it had been stuffed with: “IF IT WILL NOT BE EXPEDIENT TO TAKE YOU OUT QUIETLY WITH BULLETS; WE WILL TURN YOU TO RAGS AND A DESTITUTE, SUCH THAT YOU WILL HATE YOURSELF AND VOLUNTARILY TAKE YOUR OWN LIFE.”

A day or two before this encounter; the neighborhood Police Informant; who himself is all brawn and very little brain, had come within the precinct of my premises, to growl to my hearing in Yoruba language: “AMA SO E DI EDUN ARINLE. WA TARAKA. WA JIYA LAIYE WA SI JE IYA LORUN. ODE NI JERE OMO TO RI WIPE ANI JEKI OMO RE KANKAN TOJUE.”

Meaning: we will reduce you to the level of the proverbial impecunious monkey. You will lack and eat from the dustbing (sic). You will suffer here on earth and in the hereafter. We will not allow you to reap the fruits of your labour on your children.

Each time the State Security Service a.k.a. DSS and their collaborators and foot soldiers; in the transport unions, had tried one of their clandestine operations on me and did not get the desired results, they usually would immediately begin another or a new one.

As I was made to understand; these partners in crime, hate to be defeated or not to get their premeditated result. Interestingly, before they begin new antics; they usually have the temerity to put me on notice, that a new operation, was in the offing. The two hooligans had indeed put me on notice on the shapes of things to come.

When I eventually got home later in the night that fateful day I met a heap of rags; used clothes; worn out shoes; domestic kitchen wastes and sundry other things, that should ordinarily be at a refuse dump, behind my bedroom window, without knowing who had dumped them there and at what time.

But since I already had an inkling or idea of those who could have turned my premises to a refuse dump I did not make any fuss about it. I just ignored and pretended not to see the dump. It was the House Keeper who had a job to do the following day. But i knew not; the import and symbolism of the refuse, that was dumped in my premises, until the hooligans began to execute their real plans.

Through propaganda; lies; blackmail; pressure and threats, the SSS and their collaborators in the transport unions have embarked on scotched earth actions against me and my firm that is probably unprecedented in the annals of Nigerian history viz:

(a) getting clients to withdraw their briefs from our firm.

(b) getting landlords to withdraw the properties given to us to manage.

(c) sending hoodlums to vandalise properties given to us to renovate by removing aluminium windows; electric cables; pumping machines, stealing of cement, tiles, etc.

(d) making sitting tenants in the properties we manage to withhold payments of their rents.

(e) destroying to let; lease and for sale banners and boards put on properties we manage.

(f) stationing of hoodlums around the properties we manage and where there are vacant apartments to scare prospectives (sic) tenants away.

(g) compelling suppliers of goods and services to our firm to inflate the costs of their supplies.

(h) stationing of hoodlums on a daily basis around our office premises and the residential premises of our principal to harass; intimidate and taunt not just our principal but also his clients and guests.

(I) harassing; pressuring and threatening staff of our firm to resign their appointments as a result of which lawyers; IT personnels; secretaries; artisans, have all left.

(J) missing of case files of matters we are involved in the court.

(k) incessant and long adjournments of cases we are involved in court.

(l) coming inside the court room by DSS operatives; police and hoodlums in the transport unions, to harass; intimidate and taunt me.

(m) sending all manners of people to me to request for financial and other material assistance with view to bleed me financially.

👎 harassing; intimidating and taunting me and my staff in public places, like banks; bus stops; recreational facilities, media houses, etc, in the presence of law enforcement officers.

(o) send of lurid pictures of people who went bankrupt and committed suicide to me as a reminder of the fate to befall me.

Our Law Firm creates direct and indirect jobs for Nigerians from all walks of life from different parts of the country. Sadistically, DSS go about destroying businesses that generate jobs in a country with 35% of unemployment rate.

Those who have will die one day. Those who don’t have will also die one day. It’s therefore not life that matters but the courage we put into it.

The SSS a.k.a. DSS is an evil; irresponsible and lawless organization, that has no place in a democracy and a decent society.

The DSS will not succeed in hounding me to the cemetery like they did to Obadiah Malafia. I have God’s promise on that.

Long live the Federal Republic of Nigerian.

Renaissent Africa.

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CJN, WIKE TO ATTEND CIARB ANNUAL CONFAB, VIRTUAL WINDOW OPENS

The Chief Justice of Nigeria, Justice Olukayode Ariwoola and Rivers State Governor, Mr. Nyesom Wike are among dignitaries billed to attend the 2022 Annual Conference of the Chartered Institute of Arbitrators, Nigeria Branch.

The Annual Conference has as its theme “Restating the legitimacy of arbitration: Africa taking the lead,” and will hold from November 9 to 11, 2022 in Port Harcourt, Rivers State.

According to a statement by Messrs Aham Ejelam SAN and Godwin Omoaka SAN, Chairman and Co-chairman respectively of the Conference Planning Committee (CPC), aside from an address by the Chairman of CIArb Nigeria Branch, Chief Gbola Akinola SAN, Sokoto State Governor, Mr. Waziri Tambuwal and Nigerian Bar Association President, Mr. Yakubu Maikyau SAN are among those expected to deliver Goodwill messages at the conference.

Meanwhile, the Institute has commenced registration for online attendees at this year’s conference. To register, click on www.ciarbnigeria.org/conference.

The three-day conference has a rich repertoire of Alternative Dispute Resolution (ADR) and arbitration-specific topics lined up for discussion by leading experts in the industry. The conference also provides an opportunity for participants to socialise and network for career growth.

Among the stellar cast of over 80 confirmed speakers slated for the conference are Rivers State Chief Judge, Justice Elsie Thompson; Justice Nelson Ogbuanya of the National Industrial Court; Justice Roli Harriman of Delta State High Court; Mr. Tunde Busari SAN, Mr. Emeka Obegolu SAN, Mr. Asamah Kadiri SAN, and Mr. Kofo Salam-Alada, Director of Legal Services at the Central Bank of Nigeria.

Others are Rivers State Attorney-General & Commissioner for Justice, Prof. Zacchaeus Adangor SAN; Prof. Paul Idornigie SAN, Mr. Daniel Wilmot, Jacqueline Waihenya, Jackson Shaw Kern, Mrs. Doyin Rhodes-Vivour SAN, Dr. Elachi Agada, Dr. Wale Olawoyin SAN, Dr. Adeyemi Agbelusi, Ms. Folashade Alli, Naa Amorkor Amarteifio, Mrs. Josephine Akinwunmi, Mr. Tunde Adedapo-Olowu SAN, and Mr. Emuobonuvie Majemite, to name a few.

The conference, which will hold alongside the Young Members Group (YMG) Conference, is scheduled to hold at the exquisite Horlikins Event Center, Port Harcourt. It will also witness an induction ceremony and a Gala Nite themed “African Night.”

CIArb is the recognised global thought leader on Alternative Dispute Resolution (ADR), operating in over 40 countries. Based across and supported by an international network of about 42 branches, the Institute supports members’ career development, enabling them to compete in an ever-changing market.

Its network of worldwide branches provides members with the knowledge, skills and resources to improve their arbitration practice. Be at the forefront of the growth and development of ADR practice by attending the conference, sharing, and engaging on a global level.

 

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DAVIDO’S SON: POLICE ARREST TWO SUSPECTS, OSINBAJO MOURNS

Two suspects are now being investigated in connection with the death of Ifeanyi, the son of music star, David Adeleke (aka Davido) and his fiancée, Chioma Rowland.

Lagos State Police Public Relations Officer, SP Benjamin Hundeyin, said: “Eight people were brought in for questioning, six people were allowed to go, the remaining two were the ones that have been placed under arrest and that makes them suspect.”

According a PUNCH Metro source, the nanny and the cook were directly in charge of Ifeanyi’s welfare, adding that they might also be liable for negligence.

It was gathered that the two have now been placed under formal arrest as suspects and may remain in police custody until they are cleared by an autopsy report.

The source said, “The cook and the nanny were the ones directly with the child, so, they are guilty of negligence until the autopsy is conducted. During investigation, we have suspects, and depending on the case, the suspects may or may not be released.

“So far, the family has not objected to the autopsy, but how fast it will be done depends on the hospital. But the next move is to review the CCTV at the house.”

It was reported that after Ifeanyi’s corpse was recovered from the swimming pool at his father’s residence in the Banana Island area of Lagos State, it was deposited in a mortuary for autopsy.

The police subsequently invited eight domestic workers and after interrogation, six of them were released.

However, two others, the nanny and the cook, were detained.

Said Hundeyin: “If we need to detain them for longer than necessary, we will obtain a court order so as to ensure that we are not doing over detention or illegal detention.

“I can’t give much details about an ongoing investigation, but those two people detained are assisting us in our investigation. Those that were released have little or no bearing to the case but the two people detained are assisting us.

Meanwhile, Vice President Yemi Osinbajo, on Wednesday, commiserated with the bereaved parents.

Osinabjo, in a post on his Twitter handle, said, “Dolly & I are greatly saddened by the tragic loss of Ifeanyi, the dear son of Davido & Chioma. We pray our Lord Jesus Christ will comfort & uphold both of them through this traumatic experience. Amen. We also commiserate with our brother, Dr. Deji Adeleke and the entire Adeleke family. You are constantly in our thoughts and prayers.”

The state Commissioner for Information and Strategy, Gbenga Omotoso, urged residents in the state to abide by the universal rule that guide the usage of swimming pools.

He said, “I am not sure you need a permit to build a swimming pool in your house, but I know that before you build a house, you bring the drawing for the government to approve.

“But if somebody has any emergency, whether it is in a swimming pool or club house, the state has a solid emergency machinery that swings into action within seconds. But people need to call those emergency numbers to make a report.

“The particular case you are talking about is a family tragedy and the Governor, Babajide Sanwo-Olu, personally commiserated with Davido on this irreparable loss.

“For us in Lagos, it is not a time to begin to look into what the government is doing about people building swimming pools in their homes.

“There are universal rules about how to use a swimming pool; if you are a minor, you can’t go in there alone; if you want to swim, you must ensure that there are lifeguards around and should anything happen, there must be people to raise the alarm; the swimming pool must be clearly marked to prevent a novice from going beyond certain meters, among others.”

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OKUTEPA DISOWNS QUIT NOTICE, INVITES POLICE

A prominent Bar Leader, Mr. Jibrin Okutepa SAN has disowned a “Quit Notice” allegedly written by his former employee and bearing his office address.

Noting that “the said quit notice did not emanate from my office and could not have emanated from my office,” Okutepa added that “I am surprised to see this carrying my office name of J. S. Okutepa SAN and Co. While it is true that Mr S T Akohol was in the employment of my law firm, he left my office in 2018 to set up his law firm.”

The senior lawyer confirmed the incident to CITY LAWYER, adding that he has instructed his Head of Chambers to petition the Nigeria Police over the matter.

Below is the full text of the disclaimer.

NOTICE OF DISCLAIMER
My attention has been drawn to a purported Quit Notice being circulated on social media said to have been issued and signed by S. T. Akohol Esq.

I wish to state categorically that the said quit notice did not emanate from my office and could not have emanated from my office. I am surprised to see this carrying my office name of J. S. Okutepa SAN and Co. While it is true that Mr S T Akohol was in the employment of my law firm, he left my office in 2018 to set up his law firm.

The address on the letter is not my office address. My office address in Makurdi is House 3BR/3B, No 11 Hudco Quarters High Level Makurdi Benue State.

My office was relocated to the address above on 25th January 2018 after the law firm built its office. I and my office have no ideas of the author of this badly written Quit Notice. It is an impersonation of the highest order. I am far away in Miami Florida now for IBA conference and many have drawn my attention to this letter which was not badly written but had demeaned my person and office. All letters and notices from my law firm are usually done on my office letter headed papers with the office logo.

I have accordingly instructed my colleague and Head of Chambers in Makurdi to report this to the police with a view to knowing who authored this Quit Notice.
J. S. Okutepa SAN

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CONTROVERSY, AS CAC REJECTS ‘LAW SOCIETY OF NIGERIA’

  • BAR LEADERS BEHIND NEW BODY REVEALED

More facts have emerged on how the Corporate Affairs Commission (CAC) rejected registration of the new lawyers’ union, citing conflict with the Nigerian Bar Association (NBA).

In a document obtained by CITY LAWYER, the CAC had refused to approve the name “Law Society of Nigeria” among two others, stating that the “name is closely similar to Nigerian Bar Association and will mislead.”

As an additional reason for its refusal to register the new body, the CAC claimed that “It also lacks the spread and National Character.”

However, the promoters of the new association fought back through a protest letter by their solicitor and former NBA General Secretary who now doubles as LSN’s Vice President, Mr. Nimi Walson-Jack, saying that the promoters are “victims of patent error, probable administrative inadvertence, and oversight.”

Meanwhile, there are strong indications that the arrow-heads of the new association are Chief Bolaji Ayorinde SAN, Mr. Mela Audu Nunghe SAN and Amb. Garba Gajam among others. The Bar Leaders are listed as Trustees of then proposed association.

The Publicity Secretary of LSN, Mr. Douglas Ogbankwa told CITY LAWYER that it was when the CAC refused to register the proposed name notwithstanding the petition that the promoters opted for a recourse to a similar name earlier incorporated by the CAC.

Meanwhile, another Bar Leader, Prince Richard Oma Ahonaruogho, SAN had challenged the new body for going public with its existence, saying that the protem Executive Committee is “unknown to the Law Society of Nigeria (NLS), and should be disregarded by all Nigerian Lawyers and the Distinguished Body of Benchers of Nigeria to whom the letter dated 24th October, 2022, was written.”

This was however countered by the nascent association which argued that it has the consent of the sole surviving trustee of LSN.

 

Disclaimer of the purported Pro Tem National Executives of the Law Society of Nigeria (NLS).

1. My attention has just been drawn to the purported Executive Committee of the Law Society of Nigeria (NLS) and hereby wish to assure all Legal Practitioners in Nigeria that the purported Executive Committee are unknown to the Law Society of Nigeria (NLS).

2. The Law Society of Nigeria (NLS) was incorporated on 28th December, 1994, by my goodself, Richard Oma Ahonaruogho, as Convener and as Secretary with Mr. Charles I. Idehen as Chairman.

3. The idea was to save the Nigerian Bar Association (NBA) from self-destruction after the 1992 Port Harcourt crises and we have over the years reviewed the need to keep the Nigerian Lawyers under the main umbrella of the Nigerian Bar Association (NBA).

4. Recent events in the Nigerian Bar Association (NBA) have led to an increasing agitation for the full commencement of activities of the Law Society of Nigeria (LSN) for which some representatives of the persons now claiming to be Executives of the Law Society of Nigeria (LSN) held a meeting with me and one of the promoters of the Law Society of Nigeria on 6th October, 2022, in Lagos, where thier appeal for the commencement of full activities was tabled, considered and deferred for further consultations with some of the other key promoters and the sole surviving Trustees.

5. That consultation is ongoing and the hasty announcement by the said letter with reference number LDN/BOB/C/2022/Vol. 1/001 , on the indicated subject
‘LAW SOCIETY OF NIGERIA:
NOTICE OF EXISTENCE AND NATIONAL EXECUTIVE COMMITTEE’ to the Body of Benchers of its pro tem National Executives of the Law Society of Nigeria (LSN), namely :
a. Kunle Ogunba, SAN – President
b. Hon. Nimi Walson-Jack – Vice President
c. Abdulqadir Alhaji Sani – Secretary
d. Olasupo Ojo – Welfare Secretary
e. Chioma Ferguson – Treasurer
f. Douglas Ogbankwa – Publicity Secretary
g. Zara Umar Yakub – Financial Secretary
h. Alice Ogaku Awonugba – Assistant Secretary
i. Hassan Sherif – Assistant Publicity Secretary;
are with respect to them unknown to the Law Society of Nigeria (NLS), and should be disregarded by all Nigerian Lawyers and the Distinguished Body of Benchers of Nigeria to whom the letter dated 24th October, 2022, was written.

6. The logo and Motto – Justice For All on the purported letter claiming to be that of the Law Society of Nigeria (LSN) are alien to the Law Society of Nigeria (NLS) and amounts to the tort of passing-off.

7. That the offices known to the Law Society of Nigeria (NLS) as provided for in Article 6 of the Constitution of the Law Society of Nigeria dated 10th February, 1994, and submitted to the Corporate Affairs Commission (CAC) are as follows:
a. PRESIDENT
b. PRESIDENT-ELECT
c. CHAIR OF THE HOUSE OF DELEGATES
d. SECRETARY
e. TREASURER
f. SECRETARY-ELECT
g. TREASURER-ELECT
h. EXECUTIVE VICE-PRESIDENT

8. In conclusion on behalf of the Promoters of the Law Society of Nigeria (LSN) and as Founding Secretary, I hereby state categorically that NO EXECUTIVE has been appointed for the Law Society of Nigeria as at today, Sunday 30th October, 2022, and that the purported notice should be disregarded.

Thank you.

Regards.

Prince (Dr.) Richard Oma Ahonaruogho, SAN
CONVENER AND FOUNDING SECRETARY
LAW SOCIETY OF NIGERIA (LSN)

No Cause for Alarm: Law Society of Nigeria (LSN ) is Alive and Kicking

The attention of the Protem National Exco of the Law Society has been drawn to a comment from Prince (Dr.) Richard Oma Ahonarurogho, SAN, on the publication by the Protem National Executives of the Law Society of Nigeria. Prince Richard Ahonaruogho is a respected Member of the legal profession in Nigeria.The Law Society of Nigeria wishes to respond on the above indicated issue as follows :

1.The Law Society of Nigeria duly consulted with a sole surviving Trustee of the Society and current Exco obtained all the necessary consents and approvals before going public even as further consultations shall be intensified to carry the past and current stakeholders along in the hardous journey ahead

2.The Law Society of Nigeria is indeed alive and here to stay .We are glad it is receiving rave reviews and this indicates the frenzy with which the resuscitation of the LSN is being accepted.

3. It is not a walk in the park to create a change and we have factored this in as we continue to engage with all relevant stakeholders in ensuring that we make the necessary in roads to give our dear Society all the supports required for its success.

4. It is important to state that Prince (Dr.) Richard Oma Ahonaruogho, SAN has not claimed to a Trustee nor a current Exco Member of the Law Society of Nigeria (since membership of an exco cannot be in perpetuity and the current National Exco as constituted is properly constituted following due process and notwithstanding his lack of capacity to issue such a disclaimer, the Pro Tem Executives will leave no stone unturned to address all issues that our publication has generated particularly his friendly rejoinder and assure him of an enduring partnership with the collective interest of all practitioners in view.

5. We shall, in the coming days release more information on the activities of LSN.We thank you all for your overwhelming emails, calls and messages and we promise give you the best of leadership expected of an innovative and trail blazing organisation like ours.

It is indeed a new beginning.

E-Signed :Douglas Ogbankwa Esq.,
Publicity Secretary ,
Law Society of Nigeria (LSN).

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NBA SPLITS, AS LAW SOCIETY OF NIGERIA EMERGES

Some Bar Leaders seem to have made good their threat to form a parallel lawyers’ association to assuage perceived wrongs within the Nigerian Bar Association (NBA).

This comes against the backdrop of the re-emergence of erstwhile Lawyers Society of Nigeria (LSN), originally registered by the Corporate Affairs Commission (CAC) on 28th December, 1994.

With leading insolvency practitioner, Mr. Kunle Ogunba SAN as President, the new association has former NBA General Secretary, Hon. Nimi Walson-Jack as Vice President and Abdulqadir Alhaji Sani as Secretary.

A key promoter of the new association had told CITY LAWYER about a fortnight ago that there was no going back on the move, noting that accountants and other professionals have multiple unions to choose from.

He vowed that while LSN would not antagonize NBA, “it will aggressively pitch its programmes with lawyers and vigorously canvass membership.”

Meanwhile, the new body has written to the Body of Benchers intimating the Benchers of its existence.

CITY LAWYER recalls that a similar move to break the NBA on the heels of the 2020 NBA Elections was doused by the Olumide Akpata Administration.

The NBA leadership is yet to respond to the re-emergence of the lawyers’ association at press time.

A copy of the letter made available to CITY LAWYER reads:

LSN/BOB/C/2022/Vol. 1/001.

Monday, October 24, 2022

The Chairman,
The Body of Benchers, Plot 688,
Institute & Research District FCC, Phase 111,
Federal Capital Territory,
Abuja.

Attention: Mr. Daniel Tela
(Secretary, Body of Benchers)

Dear Sir,

LAW SOCIETY OF NIGERIA: NOTICE OF EXISTENCE AND NATIONAL EXECUTIVE COMMITTEE.

The pro tem National Executive Committee of the Law Society of Nigeria presents its compliments to the Chairman and distinguished members of the Body of Benchers as we write to formally notify our revered Body of Benchers of the existence of the Law Society of Nigeria, and its protem National Officers.
The Law Society of Nigeria (LSN) was founded and registered as a national organization of Lawyers admitted to practice law in Nigeria. The LSN, with membership, spread all over Nigeria, exists to empower the legal profession with quality member services (high standards of learning, competence, and professional conduct); facilitate access to justice; maintain and advance the cause of justice; and promote the rule of law, through advocacy and good governance. Please find attached a copy of the Certificate of Registration of the LSN by the Corporate Affairs Commission.

The following are protem National Officers of the Law Society of Nigeria:

a. Kunle Ogunba, SAN – President
b. Hon. Nimi Walson-Jack – Vice President
c. Abdulqadir Alhaji Sani – Secretary
d. Olasupo Ojo – Welfare Secretary
e. Chioma Ferguson – Treasurer
f. Douglas Ogbankwa – Publicity Secretary
g. Zara Umar Yakub – Financial Secretary
h. Alice Ogaku Awonugba – Assistant Secretary
i. Hassan Sherif – Assistant Publicity Secretary

As a Society of lawyers in Nigeria, called to the Nigerian Bar under the auspices of the Body of Benchers, the Law Society and its members are subject to the authority of the Body of Benchers and other regulatory organs as established by the Legal Practitioners Act. We commit ourselves to work with the Body of Benchers to ensure quality legal service delivery.

We would like to use this medium to express our appreciation and congratulate the Body of Benchers on the industry of the BOB and the remarkable progress you have made to strengthen the regulation of the Bar and the activities of our members. Of particular mention is the recent commissioning of the BOB Hall, which is a milestone in the history of both the BOB and the legal profession. In the same vein, the LSN heartily congratulates the Chairman of the Body of Benchers, Chief Oluwole Olanipekun, SAN, CFR as well as several other distinguished members of the Body of Benchers that were recently deservedly conferred with National Honours by his Excellency, the President of the Federal Republic of Nigeria, Muhammadu Buhari GCFR.

May we also extend the warm felicitations of the LSN to this foremost august body whose advanced efforts at a harmonized Bill proposing reforms to the Legal Practitioners’ Act must be taken into cognizance and firmly applauded. It is on the verge of these uncommon and necessary reforms in our legal annals and the ageless egalitarian posture on freedom to lawfully associate, that the LSN also writes your distinguished body introducing herself.

We count on the Body of Benchers, as the sole statutory body responsible for the admission of persons to the legal profession in Nigeria, to provide a level playing field for all Lawyers in Nigeria, irrespective of the national organization we decide to operate in the exercise of our constitutional right to freely associate and assemble.

We use this opportunity to convey to Mr. Chairman and the distinguished members of the BOB, the warm assurances of our high consideration.

Thank you.

Yours faithfully,
PP: LAW SOCIETY OF NIGERIA

Kunle Ogunba, SAN.                                      Abdulqadir Alhaji Sani, Esq.
President                                                                  Secretary

The Law Society of Nigeria (LSN) promises to up the ante , in matters that have been ignored in the Legal Profession in Nigeria , prominent of which are premium on Members’ Welfare and an open and transparent system in choosing leaders of the Legal Profession at the National Level , which have been indicated by the New Association of Lawyers , as the fulcrum of their activities.

Already Members of the Legal Profession in Nigeria have been following the twitter handle of the Law Society of Nigeria (LSN) , @ lawsocietyofnig, in a frenzy that indicates the general acceptance of the new Professional Association of Lawyers called to the Nigerian Bar , that will take the Legal Profession in Nigeria , to greater heights in the new mellieu of an ever changing world.

Statement Issued by:

Douglas Ogbankwa Esq.,
Publicity Secretary ,
Law Society of Nigeria (LSN),
WhatsApp:08065193188, twitter:lawsocietyofnig

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* Alleged fake lawyer, Mr. David Adesanya aka "Davido"

CONVICTED FAKE LAWYER RESURFACES, RESTARTS ‘LAW PRACTICE’

There are concerns in legal circles that a convicted fake lawyer, one David Adesanya may have gone back to carrying on the illegal practice of law.

In a “Notice to Divorce” sighted by CITY LAWYER and dated 11th October, 2022 Adesanya had given one Mr. Seun Ayantunde, husband to Mrs. Omobake Ayantunde, “another 7 days to comply or apologise to your wife or if any complain (sic), the case of Divorce will take action and file (sic) to Court.”

Signed by “DAVID ADESANYA, ESQ” the letterhead also bore “DAVID ADESANYA ESQ.” with office address at Suite 26A, Omorilewa Office Complex, Iwo Road, Ibadan, Oyo State, Nigeria.

CITY LAWYER recalls that one David Adesanya aka Davido was arrested at the Magistrate Court 2, Iyaganku, Ibadan in March 2017 after announcing his appearance as a lawyer on a watching brief. He was reportedly nabbed by then Vice Chairman of the Nigerian Bar Association, Ibadan Branch and Chairman of its Anti-touting Committee, Mr. Adekola Kareem.

CITY LAWYER investigation showed that the branch began to beam its searchlight on “Davido” after one Akpan Osagie Hope, a detainee at Agodi Prisons, petitioned the branch on how Adesanya received “appearance” and sundry payments from him and allegedly fleeced his bank accounts without delivering the agreed ‘legal’ services.

When CITY LAWYER contacted Kareem, he stated that Adesanya was sentenced to three years imprisonment “with hard labour” for illegal practice of law, adding that he confessed in court that he never trained as a lawyer.

“He was arraigned in the same court where he had appeared to hold ‘watching brief.’ As a result, he had no room to maneuvre,” said Kareem. “He was unable to process bail and was tried speedily. He must have completed his prison term, given the prison calendar.”

CITY LAWYER gathered that Adesanya was sentenced by Magistrate F. Richards (now deceased), and was originally attached to one Mr. Attach, a lawyer, as a Litigation Clerk.

There has been heightened concern in legal circles that the legal market is increasingly shrinking due to the unchecked activities of quacks and liberalisation of the market by regulatory agencies.

Adesanya could not be reached for comments at press time.

Below is the full text of Akpan’s petition.

The Chairman,
Nigeria Bar Association
Ibadan Branch.

Dear sir,

Criminal Breach of Trust and stealing

Greetings to you in the name of our Lord Jesus Christ.
I came to draw your attention over the professional misconduct, breach of trust, stealing and abuse of office of Barr. David ADESANYA aka DAVIDO.

Sir, I came to court on the 15th of March, 2017. My bail was cut short by my surety and I was approached by Barr David for his service. I was charged N35,000.00 as legal fees and appearance. I gave him the cash instantly inside the courtroom. And he further demanded another money for surety to be produced. Nothing was done by him before I was remanded in prison at Agodi, Ibadan. He came to the prison and demanded for money which he told me was N50,000. He signed for the collection of my 5 ATM cards with (Access Bank, Zenith Bank, First Bank, Skye Bank and GT Bank) and my mobile phone with balance of N1,800 on my mobile line. I gave him the pin to my Access Bank account (0040235646) which I told him to withdraw the sum of N55,000 only, that he should bring the additional N5000 to me at Agodi prison, Ibadan for my upkeep and feeding which he did not. I gave him my phone to contact Mr. Muhammed to hand over my properties, so Mr. Mohammed can help me contact my family and friends as I do not have anybody close at Ibadan. He used my mobile phone for his own purpose by contacting (08071584034, 09057588552,09061143316, ) and many more. He used my mobile balance to N0.22k. He further demanded N30,000 from my elder brother that the given amount with him could not perfect my bail condition, while I was still at Agodi Prison, Ibadan. From the 16th of March Barr David Adesoyan performed various debit transaction on my account unknowingly to me and reduced my Access balance to N528. The total balance on my Access Bank Account 0040235646 as at when I handed the ATM card to him was N175,185 and from my account statement a family friend sent me N37,500 in two different days 16th and 17th of March 2017= #75000, totaling my new account balance to N250,185. He later went ahead and withdrew N3000 from my Zenith Bank on the 25th of March 2017 at Mokola Branch ATM, which I never authorised him to use. I spent 12 days at Agodi prison, Ibadan because of this dubious act he carried out on my accounts. I attach the statement of my Zenith and Access Bank accounts which shows all my transaction history until 27th March 2017 when I was released from Agodi prison, Ibadan. At the time of this writing Barr David Adesonyan is still in possession of my ATM cards.

Yours faithfully,
Akpan Osagie Hope
07037853865

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FAGBEMI, LEADER OF LAW SCHOOL CLASS ’85, LOSES MUM

The Leader of the Nigerian Law School Class of 1985, Prince Lateef Fagbemi SAN has lost his mother. The deceased is scheduled to be buried tomorrow in accordance with Islamic rites.

Former Oyo State Attorney-General & Commissioner for Justice, Mr. Mutalubi Ojo Adebayo told CITY LAWYER that the foremost senior lawyer informed him about the sad incident today.

CITY LAWYER gathered that Fagbemi has cut short his scheduled participation at the forthcoming International Bar Association (IBA) Conference to be a part of tomorrow’s interment ceremony.

A trending notice by Adebayo reads: “With the total submission of the will of Allah, the Fagbemi Royal family of Ijagbo, Kwara State of Nigeria announces the passing unto the world beyond of the matriarch of the Fagbemi family who is also the mother of our revered Trustees, Prince Lateef Olasunkanmi Fagbemi, SAN and Hon. Kamal Fagbemi.

“The janazat of our Mama takes place at Ijagbo Palace, Kwara State tomorrow, Saturday the 29th day of October, 2022.

“May Allah accept Mama’s homecoming, forgive her shortcomings, grant her aljannah fridaus and uphold and sustain all that Mama left behind. Ameen”

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DOPING: NIGERIAN ATHLETE WINS, LOSES AT COURT OF ARBITRATION

It was a bitter-sweet experience for a Nigerian athlete, Mr. Clement Krobakpo as The Court of Arbitration for Sport sitting in Lausanne, Switzerland upheld his four-year ban for doping, even as it backdated the commencement of the sanction.

In an award sighted by CITY LAWYER, the arbitral panel refused to disturb the finding of guilt by the sole arbitrator in a Notice of Charge brought by Badminton World Federation (BWF).

Krobakpo had suspended himself from further participation in the Africa Games held in Rabat, Morocco following an Adverse Analytical Finding (AAF) on a urine sample collected during the competition showing the presence of Clenbuterol, a banned substance.

Though the BWF had accepted that the presence of two specified substances had arisen from Krobakpo’s ingestion of “Freedom Juice” and “that the presence of these substances was unintentional,” the federation nonetheless levied a Notice of Charge against Krobakpo for violation of the WADA Clenbuterol Guidelines.

While the Sole Arbitrator who constituted the Court of Arbitration for Sports (CAS) Anti-Doping Division slammed a four-year ban on Krobakpo on 2nd January, 2021, the appellate arbitral court however held that Krobakpo could not suffer doubly for trial delays occasioned by the regulatory authorities.

In an appeal brought against the Badminton World Federation by Krobakpo and argued by senior lawyer, Mr. John Duru of Rose Chambers, Lagos, Nigeria, the appellant argued that because of the undue delay in processing his case within the BWF, he was entitled to as early a start date as possible (date of sample collection) under the BWF ADR.

Though the BWF argued that it was not responsible for the about 11-month delay, the arbitral panel noted that the BWF ADR “provide in its Article 10.13.1 that substantial delays not attributable to the athlete in the processing of his case permit the Panel to backdate the start of the period of Ineligibility to as early as sample collection.

“Put simply, athletes should not be subject to the risk of serious harm occasioned by anti-doping authorities’ failure to function effectively at a high level of performance.”

Quoting an early CAS panel “populated by esteemed arbitrators,” the arbitral panel said: “The fight against doping is arduous, and it may require strict rules. But the rule-makers and the rule-appliers must begin by being strict with themselves. Regulations that may affect the careers of dedicated athletes must be predictable.”

The arbitral panel therefore “conceded there was substantial delay in resolving this dispute that was not attributable to the Athlete.”

In resolving the issue in favour of Krobakpo, the panel held as follows: “As a result, the Panel is of the view that the period of Ineligibility should commence on the date of his sample collection. In other words, the Panel is of the view that the Appellant should receive a four-year period of Ineligibility commencing on the date of this Award, with credit for the time from the date of the commencement of his sample collection, 25 August 2019, to the present, resulting in a forward period of Ineligibility equal to the difference between 4 years and the time from 25 August 2019, until the date of this Award.”

The Court of Arbitration for Sport was constituted by Mr. Jeffrey Benz, admitted to practice in England and the United States, as President while Washington DC-based attorney, Dr. Ucheora Onwuamaegbu and China based lawyer, Dr. Shouzhi An acted as the arbitrators. Aside from Duru, BWF was represented by Thomas Delaye Fortin, its Head of Legal and Governance in Canada.

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NBA SEEKS COMMENTS ON CCA PRESIDENTIAL ASPIRANTS

PRESS RELEASE

NOTICE OF APPOINTMENT OF PRESIDENT, CUSTOMARY COURT OF APPEAL OF THE FCT: REQUEST FOR COMMENTS

Distinguished Colleagues,

Kindly find attached the statement of the President of the Nigerian Bar Association, Mr. Yakubu Chonoko Maikyau, OON, SAN requesting for comments of members on the suitability for appointment as President, Customary Court of Appeal of the Federal Capital Territory, Abuja the following judges:

i. Hon. Justice Stanley Adekunle Lawal;

ii. Hon. Justice (Dr) Ngozika Uwazunrunonye Okaisabor and;

iii. Hon. Justice Istifanus Gandu.

Further attached for your consideration is a short profile of the judges.

Thanks and have a great day.

Akorede Habeeb Lawal
National Publicity Secretary

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VACANCY: LITIGATION LAWYER NEEDED IN IKOYI LAW OFFICE

THE FIRM
The Law Office is a full-service law firm situated at Ikoyi, Lagos.

THE CANDIDATE
• 5-10 years post call
• Litigation practice skill
• Self-driven

QUALIFICATION
Admitted to the Nigerian Bar.

SALARY
The salary is competitive and in accordance with industry standards.

HOW TO APPLY
Interested candidates should email legaljobs77@gmail.com.

SPECIAL NOTE: The SUBJECT of the email should read: LITIGATION LAWYER NEEDED IN IKOYI LAW OFFICE

Please note that only shortlisted applicants will be contacted.

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OGUNWUMIJU, IBIDAPO-OBE, OTHERS FOR NBA LAW AND RELIGION CONFAB OCT. 31

Supreme Court jurist, Justice Helen Ogunwumiju and former Dean of Law, University of Lagos, Prof. Ibidapo-Obe are among the top jurists billed to speak at the 2022 ACLARS/WARCLARS CLE conference on Law and Religion.

The conference is organized by the Nigerian Bar Association (NBA) Lagos and Ikeja Branches in collaboration with the West African Regional Centre for Law and Religion Studies (WARCLARS), Nigeria; African Consortium for Law and Religion Studies (ACLARS), South Africa, and International Centre for Law and Religion Studies (ICLRS), USA.

Billed to hold at the J. F. Ade Ajayi Auditorium, University of Lagos on October 31 and November 1, 2022, the conference has as its theme, “Law and religion: The role of the state.”

Among the 13-member faculty of international scholars are Prof. Ayodele Atsenuwa, Deputy Vice Chancellor (Development Services), University of Lagos; Prof. Wahab Egbewole SAN, Vice-Chancellor, University of Ilorin; Prof. Rosalind Hackett (USA); Prof. David Moore (USA); Prof. Mark Hill, Kings Counsel; Prof. Kofi Quashigah (Ghana); Prof. Adeniyi Olatunbosun, Vice-Chancellor, Kola Daisi University; Dr. Abiola Akiyode-Afolabi (UNILAG); Dr. Habibat Oladosu-Uthman (Dept. of Religion, University of Ibadan).

To register for the in-person conference, click on https://www.aclars.org/2022-aclars-warclars-cle-program-registration/ to complete the form by October 30, 2022. Registered conferees will qualify for course materials, certificate and souvenir.

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AGOMOH, TOP RIGHTS ADVOCATE, BAGS UN C’TE MEMBERSHIP

Foremost human rights advocate and Executive Director of Prisoners’ Rehabilitation and Welfare Action (PRAWA), Dr. Uju Agomoh has been elected as a member of the United Nations Sub-Committee on Prevention of Torture (UN SPT). The election was held at Geneva, Switzerland on 20th October, 2022.

The UN Subcommittee on Prevention of Torture (SPT) is the international body established by the OPCAT. Consisting of 25 independent experts, the body has a preventive mandate focused on a proactive approach to preventing torture and ill treatment.

The SPT has a dual mandate to monitor conditions in detention and treatment of persons deprived of their liberty through country visits, and to advise on OPCAT implementation, in particular support the establishing and functioning of National Preventive Mechanisms.

Agomoh is the Founder and Executive Director of PRAWA, a Nigerian civil society organisation which promotes human rights especially of persons in prison and helps those who have survived prison to successfully integrate into the community.

She holds degrees in Law, Criminology, and Psychology which makes her strongly positioned to contribute to the work of the SPT through a holistic and multidisciplinary outlook.

Over the past 20 years, Agomoh has held key positions in global, regional and national institutions working to prevent torture through detention monitoring, security sector reform and support to survivors of torture. These include serving on the Executive Committee of the International Rehabilitation Council for Torture Victims (IRCT); the World Organisation Against Torture (OMCT), Global SOS-Torture Covid 19 Crisis Action Group, and the Independent Investigation Panel of Inquiry on the Nigeria Police Special Anti-Robbery Squad (SARS).

The highly decorated rights activist has personally carried out over 1000 prison monitoring visits covering about 150 prisons in 32 countries, providing her with extensive expertise in detention monitoring methodologies and engagement with detention authorities and detainees.

She is also a Council Member of Nigeria’s National Human Rights Commission and the Special Rapporteur on Police, Prisons and Centers of Detention (2001 – 2008); Co-Chair of Development Law Group (DLG) of the Nigeria Bar Association (NBA) Section on Public Interest and Development Law (2021 – 2023), and Co-Lead in the development of the harmonized curriculum for security agencies training institutions in Nigeria including thematic areas of Human Rights, Rule of Law, and Civil -Military Relations. She led the development of National Legal Aid Strategy of Nigeria 2016-2022.

Agomoh has conducted visits to places of detention in more than 32 countries in Africa, Asia, Europe and North America. She is a Fellow of the International Penal and Penitentiary Foundation (IPPF) with a specific focus on overuse of imprisonment and fairness and consistency in administrative and judicial decisions (2017 to present); Expert, United Nations Office on Drugs and Crimes (UNODC) on development of guidelines on rehabilitation of prisoners (2017); Visiting Expert on treatment of women prisoners, United Nations Asia and Far East (UNAFEI, 2015); Member, Executive Committee (Representing Sub Saharan Africa), International Rehabilitation Council for Torture Victims (IRCT, 2012-2016), and Member, World Organisation Against Torture (OMCT) Global SOS-Torture Covid 19 Crisis Action Group (September 2021-December 2022).

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VACANCY: LEKKI LAW FIRM NEEDS YOUNG LAWYERS

THE FIRM
The Law Office is a full-service law firm situated at Lekki, Lagos.

THE POSITION
Counsel

THE CANDIDATE
• 3-5 years post call
• Corporate practice skills
• Computer literate
• Must have research skills
• Must be resident along the Lekki axis

  • Male candidates are especially encouraged to apply.

QUALIFICATIONS
Admitted to the Nigerian Bar.

SALARY
The salary is competitive and in accordance with industry standards.

HOW TO APPLY
Interested candidates should email legaljobs77@gmail.com.

SPECIAL NOTE: The SUBJECT of the email should read: LEKKI LAW FIRM HIRING: COUNSEL

Please note that only shortlisted applicants will be contacted.

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FLOODS: NBA TO OFFER PALLIATIVES TO AFFECETD LAWYERS

                                                                                                   PRESS RELEASE

NBA TO INTERVENE IN FLOOD DISASTER

The President of the Nigerian Bar Association (NBA), Yakubu Chonoko Maikyau, SAN, OON has sympathised with Nigerians and members of the NBA who were affected by floods in numerous towns and villages of Nigeria.

In a letter dated 24th October 2022 addressed to the chairmen of the 125 branches of the NBA, Mr Mr Maikyau SAN OON acknowledged that many Nigerians, including lawyers have been affected by the floods and directed the chairmen of the 125 branches to compile the list of NBA members directly affected by the flood so that NBA can offer some help and bring succour to them and their families.

In his words, “Nothing will ever replace the lives that have been lost, but we can help by joining hands with the relevant authorities to see that some form of material aid is made to alleviate the sufferings of the people, most especially our colleagues.”

As the government, aid agencies and well-meaning Nigerians continue to find ways to bring relief to affected persons, the NBA calls on the relevant authorities to look into the planning of all Nigerian towns and cities with a view to creating or implementing the plan for natural waterways which serve as precautionary measures against flooding. We also implore all Nigerians to keep following the weather updates and flood alerts published by NEMA and other agencies while ensuring compliance with recommended safety precautions provided therein.

Akorede Habeeb Lawal
National Publicity Secretary, NBA

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LGA AUTONOMY: ‘WHERE ANANABA GOT IT WRONG,’ BY ADEBAYO

BY MUTALUBI OJO ADEBAYO

I just watched and listened to Professor (Paul) Ananaba, SAN on CHANNELS TV (a repeat broadcast of Sunrise Daily). All that he said were just not a gross misconception of the law but he indeed turned the law on its head with respect to the subject of the discourse.

We are talking of the local government autonomy in Nigeria because that phrase strayed and or was smuggled into the 1999 Constitution of Nigeria when it was not meant to be there in the first instance at all. It was a very wrong and misplaced insertion in the Constitution by those who hurriedly prepared and drafted the Constitution.

There is nothing like Local Government autonomy in any federalism because the component units of a federation are just 2(two) namely- (1) the Central or the National Government which we called the Federal Government in Nigeria.

In a true federalism, the appropriate name is the National Government and (2) The State Governments and or the regional governments as the case may be.

Indeed, it is the federating units or the component units in the country or in the federation that agree to come together to form a union and thus create a government at the Centre or at the National level.

“Local government autonomy was a phrase that was smuggled into the 1999 Constitution of Nigeria”

Suffice to say that in any Federation, there are just 2(two) tiers or levels of government and they are just the National/Central/ Federal Government and the State Governments.

There is nothing known as the third tier of government and there cannot be any 3rd tier or level of government known as the local government because the local government are just or mere creation of the state government for ease of governance. They merely exist at the pleasure of the state government.

Another contraption in our Constitution is the recognition given by the Constitution to the local governments which are absolutely unnecessary and anti- federalism.

State Governments have absolute and exclusive rights and prerogative to create as many local governments as they may deem fit to have within their respective states without any recourse at all to the Federal or Central or National Government.

It is the state government who is entitled and has the responsibility exclusive responsibility to administer, run and manage those local governments as they like.

I am ready to make myself available to do a further conversation on this issue which is basically the issue of federalism and not an issue of constitutionalism.

Thank you.
25th October,2022

JCI Senator Mutalubi Ojo Adebayo,
Attorney-General and Commissioner for Justice,
Oyo State of Nigeria (2011 -2015)
Email- adebayoojo90@gmail.com

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SENIOR ADVOCATE AT ETI OSA LAWYERS’ FORUM, CITES RISING MISCONDUCT CASES AT LPDC

The Chairman of Nigerian Bar Association (NBA) Lagos Task Force on Illegal Practice of Law, Mr. Lotanna Okoli SAN has decried rising cases of professional misconduct among lawyers.

In a paper titled “LEGAL PRACTICE IN AN AILING ECONOMY: BETWEEN PERSONAL SURVIVAL AND PROFESSIONAL INTEGRITY, DO WE HAVE A CHOICE?” Okoli noted that many lawyers have hinged these malpractices on the need to “survive.” He spoke at the monthly General Meeting of Eti Osa Lawyers Forum chaired by Mr. MMA Sanni.

In his words, “Cases involving dishonest and sham lawyers are now rampant before the Legal practitioners Disciplinary Committee (LPDC) and laymen are already questioning the integrity of the once revered and prestigious noble profession.”

He observed that “Very often, a friend or a colleague will ask a lawyer to use his official stamp and/or seal to certify a document to appear as though it was prepared by a lawyer. And some lawyers paying no heed to important provisions like Rule 3 of the RPC, which provides for aiding a non-lawyer in the unauthorized practice of the law, will end up ‘doing favours’ and ‘earning easy cash’ forgetting that it is expected of them to uphold and maintain a high standard of professional conduct. A seemingly harmless gesture can have grave repercussions if made inappropriately.”

Continuing, he said: “Some lawyers have now turned the legal practice into a marketplace where they engage and liaise with non-lawyers to provide them with clients in return for a fee. They do this in flagrant disregard to Rule 5(1) of the RPC, which provides that a lawyer shall not form a partnership with a non-lawyer. These set of legal practitioners are ready to accept peanuts as remuneration. In their opinion, ‘It’s my practice and my integrity.’”

Okoli noted that “As essential agents of the justice system, we not only owe an ethical duty towards the court but are also required and expected to conduct our legal practice within the bounds of the law even if the heavens fall (Fīat jūstitia ruat cælum). So, in answering the question, between personal survival and professional integrity, Do we have a choice? I’d say we have just one choice which is to act with chivalry, honour and integrity.”

He observed that Part A of the RPC provides for “Practice as a legal practitioner,” adding that under the provision, “A Lawyer shall uphold and observe the rule of law, promote and Foster the cause of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner.”

He however noted that “quite unfortunately, experience has proven that this is not always the case as some lawyers do not maintain integrity in the course of their practice. Money, greed, pressure and power have driven some legal practitioners into undermining their practice. They engage in actions that are unbecoming of a legal practitioner and typically adverse to what the legal profession stands for. Nowadays, legal practice is plagued with legal practitioners who engage in sham practices, violate ethical provisions and cut corners just to “survive” amongst other things. They blame it on the poor economy and use catchphrases like ‘No be me spoil Nigeria’, ‘If I don’t do it, another lawyer will.’ With this mindset, they keep conducting their practice in ways that derogate from their integrity, the legal profession and general good conduct. On its own part, the Law has put measures in place to curb these shady activities. However, rather than get deterred, they find other means to practice their dishonesty.”

He stated that “it is important for lawyers to bear in mind that they are first and foremost officers of the Court, subject to the duty of upholding justice without regards to their personal interests. Lawyers must be independent and speak truth to power, without fear or favour whilst engaging in their practice. The stereotypes of lawyers being untrustworthy and deceitful beings must be repaired and this repair will be done by no other than ourselves, in our daily practice, in the amount we charge as legal fees, in our dealings with clients, in our responsibility to uphold the standard of the profession.

“As essential agents of the justice system, we not only owe an ethical duty towards the court but are also required and expected to conduct our legal practice within the bounds of the law even if the heavens fall. (Fīat jūstitia ruat cælum) So, in answering the question, between personal survival and professional integrity, Do we have a choice? I’d say we have just one choice which is to act with chivalry, honour and integrity.”

The Knowledge Sharing Session witnessed animated Question & Answer interventions among others.

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LAWYER CRIES OUT, WADES THROUGH FLOOD IN ROBES, SHORTS (VIDEO)

A Bayelsa State based lawyer has cried out for an amendment of the dress code for lawyers to include the wearing of shorts and sandals to court in view of the ravaging floods across the country.

Wading through the flood in his lawyer’s robes but while wearing shorts and sandals, the lawyer urged that the rules should be amended to accommodate his unusual dress code.

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AGAIN, EFCC TO ARRAIGN SHASORE ON FRESH CHARGES TODAY

These are not the best of times for embattled former Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore SAN as he would today be arraigned on fresh charges by the Economic and Financial Crimes Commission (EFCC) before Justice Mojisola Dada of the Lagos State High Court.

According to a news report, the new charge “essentially borders on the corruption of a public official.”

There are strong indications that Shasore will also face another set of charges at the Federal High Court, Abuja.

Following a CITY LAWYER exclusive report, a four-man team of Senior Advocates battled yesterday to secure bail for Shasore as he was arraigned before Justice Chukwujekwu Aneke of the Federal High Court, Lagos on a four-count charge bordering on money laundering.

Leading the team is respected law reform advocate, Mr. Charles Candide-Johnson SAN. Others in the team were Dr. Muiz Banire SAN, Mr. Segun Ajibola SAN, and Mr. Chijioke Okoli SAN.

Shasore was the Chief Law Officer during the administration of former Lagos State Governor, Mr. Babatunde Fashola SAN.

The matter is filed as Charge No. FHC/L/447C/2022, Federal Republic of Nigeria and Olasupo Shasore, SAN.

CITY LAWYER recalls that the EFCC had filed a four-count charge against Shasore bordering on alleged money laundering among others.

Count one of the charge reads: “That you Olasupo Shasore, S.A.N. on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court induced Olufolakemi Adelore to commit an offence, to wit accepting cash payment of the sum of US100,000.00 (One Hundred Thousand United States Dollars) without going through a financial institution which such exceeded the amount authorised by Law and you thereby committed an offence contrary to section 78(c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 16(6) of the same Act.”

Count two reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court, in a transaction without going through a financial institution, made cash payment of the sum of USD 100,000.00 (One Hundred Thousand United States Dollars) to Olufolakemi Adelore through Auwalu Habu and Wole Aboderin, which sum exceeded the amount permitted by Law and you thereby committed an offence contrary to sections 1(a) and 16(1)(d) the Money Laundering (Prohibition) Act, 2011 (as Amended) and punishable under section 16(2)(b) of the same Act.”

Count three reads: “That you Olasupo Shasore, S.A.N., on or about the 18th November, 2014, in Lagos within the jurisdiction of this honourable Court, induced one Ikechukwu Oguine, to commit an offence, to wit: accepting case payment of the sum of USD100,000.00 (One Hundred thousand United States Dollars) without going through a financial institution, which such amount exceeded the amount permitted by Law and you thereby committed an offence contrary to Section 18(c) of the Money Laundering Act, 2011 (as amended) and punishable under Section 16 (2)(b) Of the same Act.”

Count four reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through a financial institution and made cash payment of the sum of USD100,000.00 (One Hundred thousand United State Dollars) to one Ikechukwu Oguine which sum exceeded the amount permitted by Law and you thereby committed an offence contrary sections 1(a) and 16(1),(d) of the Money Laundering (Prohibition Act, as amended) and punishable under section 16 (2)(b) of the same Act.”

It is recalled that Shasore was last January invited by the anti-graft agency to shed light on his involvement in the Process and Industrial Developments (P&ID) case. The former Lagos attorney-general had represented Nigeria on the P&ID case.

The Federal Government had told a UK court that Shasore colluded with P&ID to pervert justice in the controversial gas supply purchasing agreement (GSPA) contract. Shasore denied the allegation in an interview.

The P&ID had won a $9.6 billion judgment against Nigeria in a British court, claiming that it entered a contract to build a gas processing plant in Calabar, Cross River State. The company stated that the deal collapsed because the Federal Government did not fulfil its side of the bargain.

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NNAMDI KANU: FG APPEALS JUDGMENT, SEEKS STAY OF EXECUTION

The Federal Government has appealed the judgment of the Appeal Court freeing the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu.

The government, in a motion for a stay of execution filed on Wednesday at the apex court, is asking the court to stay execution of the Appeal Court judgment of October 13. The Appeal Court had acquitted the IPOB leader and barred any lower court from entertaining further charges against him.

In a seven-ground Notice of Appeal filed by the office of the Attorney-General of the Federation, the Federal Government faulted the lower court’s decision and prayed that it should be set aside.

The Federal Government argued that the Court of Appeal erred when it faulted the manner by which Kanu was brought back to face trial after he allegedly jumped bail and fled the country.

It contended that the Court of Appeal also erred when it struck out the pending charges against Kanu on the ground that the trial court no longer possessed the requisite jurisdiction to continue the trial because of the manner by which Kanu was returned to the country after allegedly jumping bail.

CITY LAWYER recalls that a three-man panel of Appeal Court Justices led by Oludotun Adefope-Okojie had on Thursday, October 13, while delivering judgment in Kanu’s appeal on his extraordinary rendition, declared it as unlawful.

The court also quashed the charges bordering on terrorism and treasonable felony preferred against him by the Federal Government.

The Appeal Court held that the Federal Government breached all known local and international laws in the forceful rendition of Kanu to Nigeria, thereby making the terrorism charge against him incompetent and unlawful.

The judgment was marked CA/ABJ/CR/625/2022 and filed by Kanu’s lawyers against an earlier ruling by Justice Binta Nyako of the Federal High Court, Abuja.

Justice Adefope-Okojie while delivering judgment declared Kanu’s abduction from Kenya and his subsequent return to Nigeria as illegal and unlawful. The court proceeded to quash the seven counts left of the initial 15 counts filed by the Federal Government.

Justice Binta Nyako of the Federal High Court had in an earlier ruling quashed eight out of the 15 counts, leaving seven for determination.

But the Appeal Court in its ruling held that the Federal Government violated all laws in the forceful rendition of Kanu to Nigeria, thus invalidating the charges.

“By the illegal abduction and extra-ordinary rendition of the appellant, there was a clear violation, by the respondent (Federal Government) of international treaties, conventions, as well as the African Charter on Human and Peoples Rights,” the court held.

The court added that having flagrantly breached Kanu’s fundamental rights, the Federal Government lost the legal right to put him on trial, adding the trial court lacked the jurisdiction to try the appellant on the retained counts of the charge. “No court can try him going by the circumstances of the extraordinary rendition,” the court held.

Justice Adefope-Okojie declared that “having resolved issue one in favour of the appellant, which deals with jurisdiction, the appeal succeeds.

“The order of Justice Binta Nyako which ordered the appellant to answer to counts 1, 2, 3, 4, 5, 8 and 15 is set aside, terminated and dismissed. Appellant is accordingly discharged.”

The apex court is yet to fix a date for the hearing of the motion for stay of execution.

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LAWYER SEEKS COURT ORDER TO CARRY AK-47

Fiery human rights lawyer, Chief Malcolm Omirhobo, has sued the Federal Government at the Federal High Court, Abuja seeking an order of the court to bear AK-47 automatic rifle.

Omirhobo, who confirmed levying the suit to CITY LAWYER, also alleged in the suit that the Federal Government has refused to respect the right of Nigerians to keep and bear arms for the preservation of life, liberty and property.

Among the respondents in the suit is the president of Nigeria, the Attorney general of the federation and 74 others.

When the suit came up today, only Lagos, Ebonyi, Adamawa, Akwa Ibom and Edo states were represented in court by lawyers while others sought adjournment of the hearing of the suit.

The judge, Justice Ahmed Mohammed, adjourned the suit to 24 January, 2023 for hearing. He also ordered that the processes including hearing notice be served on the respondents that were yet to be served.

In an originating summon marked FHC/ABJ/CS/1078/2021, Omirhobo stated that the plaintiff and Nigerian citizens are entitled to “right to life, right to dignity of human person, right to personal liberty, right to private and family life, right to freedom of peaceful assembly and association, right to freedom of movement and to reside anywhere in Nigeria and right to own movable and immovable property in Nigeria except when these rights are being derogated or limited by law.”

He asked the court to say whether, by the combined interpretation and/or construction of Sections 3, 6(2)(a)(b)(c)(d)(e) of the Fire Arms Act, Laws of the Federation, 2004 and sections 33(1)(2)(a)(b), 34(1)(a), 35(1), 36, 37, 43 of the 1999 Constitution; sections 281, 282, 286 and 287 of the Criminal Code Act and sections 40, 45, 46 and 47 of the Penal Code Act, it is lawful, legal and constitutional for the 2nd defendant to refuse, fail and/or neglect to grant the plaintiff license to possess and own an A6 147 premium, AK 47 Assault Rifle based on the plaintiff’s application of July 8, 2021, to enable him to exercise his constitutional right to self defence.

He stated that the suit is aimed to protect his life, family and property and also for the safeguard of his fundamental rights as enshrined and guaranteed by the constitution in the face of the high level of insecurity ravaging Nigeria and the inability of the defendants to meet up with their primary responsibility of protecting life and property from the attacks of heavily and well-armed criminals with AK 47, General Purpose Machine Guns (GPMG) and other sophisticated weapons.

In a 123-paragraph affidavit, Omirhobo said the constitution guarantees every Nigerian citizen the fundamental rights to dignity of the human person, personal liberty, private and family life, peaceful assembly and association, freedom of movement and right to own moveable and immoveable property. He added that the constitution gives every Nigerian the right to defend his fundamental rights from unlawful violence.

He said: “In collaboration with the Nigerian constitution, both the Criminal Code Act and Penal Code Act gives every Nigerian citizen the right to self defence by applying the use of such force as they believe on reasonable grounds to be necessary to prevent their fundamental rights to life, the dignity of the human person, personal, liberty, private and family life, peaceful assembly and association, freedom of movement and right to own moveable and immoveable property from unlawful violence.”

Omirhobo prayed the court to declare that the killings, raping, sodomising, extorting, kidnapping, abduction brutalisation, dehumanisation, debasement, destruction of property, the restriction of the freedom of movement and right of residence, freedom of peaceful assembly and association, family and private life and the seizing of property of defenceless Nigerians by heavily armed criminals with unlicensed AK 47 Assault rifle, GPMG and other sophisticated weapons is a violation of these rights and therefore illegal, unlawful and unconstitutional.

He urged the court to declare that it is legal, lawful and constitutional for the 2nd defendant to revoke the gun licenses of Nigerians via proclamation and/or executive order in the face of the high level of insecurity in Nigeria and thereby depriving them of their rights to self-defence and in the process exposing them to the way of harms in the hands of heavily armed criminals with AK 47 Assault rifles GPMG and other sophisticated weapons.

The applicant, according to a news report, therefore asked the court for an order compelling the 2nd defendant and 4th defendant (Inspector General of Police with all the commissioners of police in Nigeria) to renew all expired gun licenses upon application of all Nigerians who are qualified to retain their gun licenses to enable them to exercise their rights to self-defence and safeguard their fundamental rights as guaranteed by the Nigerian constitution from the attacks of heavily and well-armed criminals with sophisticated weapons.

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‘NIGERIAN JUDICIARY IS NOT CORRUPT,’ SAYS MAIKYAU

PRESS RELEASE

NBA PRESIDENT DECRIES THE NARRATIVE THAT THE NIGERIAN JUDICIARY IS CORRUPT, URGES IMPROVED WELFARE OF JUDICIAL OFFICERS

The President of the Nigerian Bar Association, Mr. Yakubu Chonoko Maikyau SAN OON has declared that the Nigerian judiciary is not corrupt and that the legal profession in Nigeria cannot be compromised. In his address at the valedictory court session held on 20th October, 2022 in honour of Hon. Justice Mojeed Adekunle Owoade, retired Justice of the Court of Appeal at the Court of Appeal, Ibadan, the NBA President decried the narratives that Nigerian judges are corrupt and can be compromised.

In his words, “The fact that there may be some bad eggs amongst us, and this I say for both the Bench and the Bar, does not justify the characterization of the entire judiciary and the legal profession as generally corrupt. The judiciary and indeed the legal profession in Nigeria consist of distinguished men and women that have worked and are still working honestly, sincerely and with integrity to contribute their quota to the development of this nation.”

He also stated that, “the fact that the toe in a body has turned gangrenous does not make the entire body rotten. And if the toe is so infected, the way to save the body is to amputate the toe. That is what we must do as members of the legal profession; either on the Bench or Bar and we must speak loudly to the nation about who we truly are, to correct that negative perception. If we do not do so, it will be an abdication of duty on our part, and if we completely lose the confidence of the public, resort to self-help and the attendant chaos will be inevitable. We must break the silence!”

While acknowledging that the challenges faced in the system of administration of justice in Nigeria include the issue of manpower at the Bench, the NBA President also urged for better Conditions of Service for judicial officers.

Mr. Maikyau described Hon. Justice Owoade (rtd) as one of the numerous examples of integrity, honesty and excellence in the legal profession and congratulated the jurist on the excellent service record and glorious exit from the Bench.

Akorede Habeeb Lawal
National Publicity Secretary

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EXCLUSIVE: ARRAIGNMENT – SHASORE HIRES 4 TOP SENIOR ADVOCATES TO BATTLE EFCC

Former Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore SAN has hired four leading senior Advocates of Nigeria (SAN) to lead his defence as he is set to be arraigned before Justice Chukwujekwu Aneke of the Federal High Court, Lagos today.

Leading the team is respected law reform advocate, Mr. Charles Candide-Johnson SAN. Others in the crack defence team are Mr. Olawale Akoni SAN, Dr. Muiz Banire SAN, and Mr. Chijioke Okoli SAN.

CITY LAWYER also gathered that another go-to senior lawyer may join and lead the defence team in court today, as Shasore battles to clear his name over a four-count charge levied against him by the Economic and Financial Crimes Commission (EFCC).

Meanwhile, a bail application obtained by CITY LAWYER shows that the legal team for the embattled senior lawyer will be seeking for him to go home on bail on self-recognisance.

Dated 13th October, 2022 and filed the same day, the bail application is seeking “AN ORDER admitting the Applicant to bail on ‘self-recognisance’ and/or on such reasonable and liberal terms as the Honourable Court may determine pending the hearing and determination of this Charge.”

The application is supported by a 20-paragraph affidavit deposed by one Orji Agwu Uka, a legal practitioner and one of the defence lawyers.

The matter is filed as Charge No. FHC/L/447C/2022, Federal Republic of Nigeria and Olasupo Shasore, SAN.

CITY LAWYER recalls that the EFCC had filed a four-count charge against Shasore bordering on alleged money laundering among others.

Count one of the charge reads: “That you Olasupo Shasore, S.A.N. on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court induced Olufolakemi Adelore to commit an offence, to wit accepting cash payment of the sum of US100,000.00 (One Hundred Thousand United States Dollars) without going through a financial institution which such exceeded the amount authorised by Law and you thereby committed an offence contrary to section 78(c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 16(6) of the same Act.”

Count two reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court, in a transaction without going through a financial institution, made cash payment of the sum of USD 100,000.00 (One Hundred Thousand United States Dollars) to Olufolakemi Adelore through Auwalu Habu and Wole Aboderin, which sum exceeded the amount permitted by Law and you thereby committed an offence contrary to sections 1(a) and 16(1)(d) the Money Laundering (Prohibition) Act, 2011 (as Amended) and punishable under section 16(2)(b) of the same Act.”

Count three reads: “That you Olasupo Shasore, S.A.N., on or about the 18th November, 2014, in Lagos within the jurisdiction of this honourable Court, induced one Ikechukwu Oguine, to commit an offence, to wit: accepting case payment of the sum of USD100,000.00 (One Hundred thousand United States Dollars) without going through a financial institution, which such amount exceeded the amount permitted by Law and you thereby committed an offence contrary to Section 18(c) of the Money Laundering Act, 2011 (as amended) and punishable under Section 16 (2)(b) Of the same Act.”

Count four reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through a financial institution and made cash payment of the sum of USD100,000.00 (One Hundred thousand United State Dollars) to one Ikechukwu Oguine which sum exceeded the amount permitted by Law and you thereby committed an offence contrary sections 1(a) and 16(1),(d) of the Money Laundering (Prohibition Act, as amended) and punishable under section 16 (2)(b) of the same Act.”

It is recalled that Shasore was last January invited by the anti-graft agency to shed light on his involvement in the Process and Industrial Developments (P&ID) case. The former Lagos attorney-general had represented Nigeria on the P&ID case.

The Federal Government had told a UK court that Shasore colluded with P&ID to pervert justice in the controversial gas supply purchasing agreement (GSPA) contract. Shasore denied the allegation in an interview.

The P&ID had won a $9.6 billion judgment against Nigeria in a British court, claiming that it entered a contract to build a gas processing plant in Calabar, Cross River State. The company stated that the deal collapsed because the Federal Government did not fulfil its side of the bargain.

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YOUNG LAWYER NEEDED IN LEKKI, LAGOS LAW FIRM

THE FIRM
The Law Office is a full-service law firm that is based in the Lekki area of Lagos. The law firm is undergoing transformation to provide cutting-edge clientele services while deepening its commitment to public interest law, pro bono criminal litigation, and ICLE training.

THE POSITION
Associate Counsel

SELECTION CRITERIA
Ability to provide quality, skillful services to clients in a modern law firm that combines Corporate Law and Criminal Litigation services with Public Interest Litigation.

THE CANDIDATE
The candidate will straddle all aspects of the law, and will apply initiative while gaining broad perspectives of law practice in Nigeria.

QUALIFICATIONS
Admitted to the Nigerian Bar recently, the candidate will possess good Bachelor of Laws and Bar Finals results. The Young Lawyer must have good team work and writing skills, and should be able to work with minimal supervision.

SALARY
The salary is competitive and in accordance with industry standards.

HOW TO APPLY
Interested candidates should email legaljobs77@gmail.com.

Please note that only shortlisted applicants will be contacted.

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LEDAP, HURILAWS TASK FG ON USE OF DEATH PENALTY

PRESS RELEASE

LEDAP & HURILAWS URGE NIGERIAN GOVERNMENT TO ABOLISH THE DEATH PENALTY, AND REPLACE WITH LIFE IMPRISONMENT

As the world marks the 20th World Day against the Use of the Death Penalty with the theme “Death Penalty: A road paved with Torture”, two human rights NGOs, the Legal Defence & Assistance Project (LEDAP) and Human Rights Law Service (HURILAWS) call on the Nigerian government to put an end to the use of death penalty or limit its use to the most heinous crimes.

Imposing the death sentence on offenders has not reduced violent crimes, but has rather exposed the State to the high possibility of convicting and executing innocent persons.

At the end of a virtual forum convened by LEDAP and HURILAWS in collaboration with the National Human Rights Commission today, the participants urged government at federal and state levels, in the meantime, to urgently introduce official moratorium on death sentencing and execution, and improve the conditions of detentions of death row inmates. The conditions under which prisoners sentenced to death are kept in correctional centers are very deplorable, inhuman and degrading.

The imposition of death sentence and its execution involve processes that constitute torture, cruel, inhuman and degrading treatment. In nearly all jurisdictions of the common law world, the courts have found that use of the death penalty, and its method of execution, always amount to torture. According to Collins Okeke, Program Director of HURILAWS: ‘No one, not even the State, has the right to take life. There is no justification for continued use of death penalty in Nigeria, especially, when it has no deterrence effect on offenders’

In this year event marking the World Day against the use of death penalty, the theme focuses on the death penalty as torture. All aspect of the death sentencing and its execution, no matter how heinous the crime may be or the public outcry against violent crimes, are paved with torture.

Our findings revealed that death row prisoners are subjected to two distinct punishments: the death sentence itself and the prolonged years of living in inhumane conditions that include poor health care, overcrowding, poor feeding and poor medical attention. Prisoners on death-row live in a state of constant uncertainty over their possible date of execution. For some death-row prisoners, the anxiety results in a sharp deterioration in their mental and emotional wellbeing. This manifested in the case of Olatunji Olaide, who was exonerated by the Court of Appeal in 2018 after spending 24 years on death row. Olatunji died shortly after his release from prison due to his terrible ill health and untreated eye condition from prolonged detention. The case of Mr Samuel Adebayo (53) was exonerated in February 2022 after 15 years on death row, for an offence he didn’t commit. He is left without hope to restart his life having lost everything including his health and family. So are the over 1,300 death row prisoners in Nigeria.

LEDAP and HURILAWS are particularly worried that the appalling prison conditions have serious damaging effects on the mental and physical health of the inmates. These conditions further infringe on their constitutional rights, particularly right to human dignity and freedom from torture, cruel, inhuman or degrading treatment. LEDAP and HURILAWS believe that the human rights of death row inmates should be protected at all times. The dignity of the human person must be preserved, both within and outside the prison walls. According to Pamela Okoroigwe, Executive Program Director at LEDAP, ‘in so far as death penalty is disproportionately and discriminatorily applied mainly to the poor and disadvantaged people, it should be abolished. A federal government’s panel on death penalty stated in its report in 2004 that a justice system that cannot give justice should not take life. This conclusion is correct today as it was in 2004. There should be immediate moratorium on use of death sentence at federal and state levels’

LEDAP and HURILAWS therefore call on the Nigerian Government to respect the sanctity of life, by taking immediate steps to abolish death penalty and replace same with term of years or life imprisonment. In the meantime, the Government should provide the necessary infrastructure and facilities needed to cater for the welfare of death row prisoners.

Pamela Okoroigwe
Executive Programmes Director
For: Legal Defence and Assistance Project (LEDAP)

Collins Okeke
Program Director
For: The Human Rights Law Service (HURILAWS)

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OZEKHOME WRITES MALAMI, SEEKS NNAMDI KANU’S IMMEDIATE RELEASE (LETTER)

The Lead Counsel to detained Leader of the Indigenous People of Biafra (IPOB), Chief Mike Ozekhome (SAN) has written to the Attorney-General and Minister of Justice, Mr. Abubakar Malami (SAN) seeking the “immediate and unconditional release” of Mazi Nnamdi Kanu.

In a letter obtained by CITY LAWYER and dated October 17, 2022, Ozekhome said the application for Kanu’s release was based on the strength of the Court of Appeal decision which discharged Kanu, urging Malami to “immediately comply with the judgment of the Court herein attached.” The letter was received by Malami’s office the same day.

He also asked Malami to “order the immediate and unconditional release of Mazi Nnamdi Kanu, now being illegally held in solitary confinement in State Security Service facility at the Abuja Headquarters.”

The full text of the letter is below.

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