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SUSPENSION: NBA, ODUAH DISAGREE ON COURT’S RULING ON NEC RATIFICATION

There is a fierce disagreement between the Nigerian Bar Association (NBA) and Mrs. Joyce Oduah as to the effect of today’s ruling by the Federal High Court on Oduah’s suspension as General Secretary.

While the Lead Counsel to Oduah, Mr. Muritala Abdul-rasheed SAN told CITY LAWYER that the court has nullified the suspension for all times, the Lead Counsel to NBA, Mr. Godwin Omoaka SAN said that the suspension by the National Officers subsists.

CITY LAWYER gathered that the Motion on Notice to set aside the suspension by the National Officers could not be taken as the third to 13th defendants had not been served. The court then granted an order to serve the defendants by substituted means.

It was at this stage that Mr. Ayotunde Ogunleye, who held the brief of Abdul-rasheed, told the court that the NBA-NEC had proceeded to ratify Oduah’s suspension, saying this was an affront on the court.

CITY LAWYER gathered that the court berated the NBA-NEC for the ratification and set same aside, even as it adjourned the substantive motion to August 31, 2022 for hearing.

Speaking on the import of today’s ruling, Abdul-rasheed told CITY LAWYER that the suspension by NBA has been laid to rest. “Everything relating to the suspension has been nullified by the court,” he said. “You will recall that the decision by the National Officers remained inchoate unless and until ratified by the NBA-NEC. Given that the ratification has now been set aside by the court, our client has been restored to her position. The Motion on Notice has become academic and we shall withdraw same at the next adjourned date. We shall however proceed with the lawsuit vis-a-vis the other prayers we are seeking from the court. Indeed, we shall be amending the processes to claim huge damages against the NBA for the disrepute to which they had brought on our client.”

Omoaka disagrees vigorously with Abdul-rasheed, saying that the court only set aside the NBA-NEC ratification.

He stated that the suspension by the National Officers “remains undisturbed by the court’s ruling which only relates to the subsequent ratification by NBA-NEC.”

He stated that both the Motion on Notice and original lawsuit seeking to set aside the decision by the National Executive Committee have not been decided by the court. “The matter has not been heard and determined on the merits, ” he argues. “If the argument is that the suspension has been set aside by the court, what then is the import of the plaintiff’s processes in the court’s file?” 

CITY LAWYER recalls that Justice A. R. Mohammed had last week declined to grant Oduah’s prayer for interim reliefs, leading to her exclusion from superintending the NBA Secretariat at the recently concluded NBA National Executive Council (NBA-NEC) Meeting which held last Sunday on the sidelines of the Annual General Conference.

The NBA-NEC had brushed aside the court case to ratify Oduah’s suspension by the National Officers, even as it fell short of impeaching her, citing the lawsuit. The meeting also ratified the appointment of Ms. Uche Nwadialo as Acting General Secretary.

Justice Mohammed had however adjourned the matter to today for hearing on Oduah’s Motion on Notice, the court having ordered her to serve NBA with the processes.

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police. The ex-parte application had sought to restrain the NBA and other defendants from giving effect to Oduah’s suspension by the NBA National Executive Committee among other reliefs.

CITY LAWYER had in an exclusive report noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for removal over alleged gross misconduct.

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

FIREWORKS, AS ODUAH, NBA CLASH IN COURT TODAY OVER SUSPENSION

The legal face-off between suspended Nigerian Bar Association General Secretary Joyce Oduah and the association peaks today at the Federal High Court as parties go for each other’s jugular.

CITY LAWYER recalls that Justice A. R. Mohammed had last week declined to grant Oduah’s prayer for interim reliefs, leading to her exclusion from superintending the NBA Secretariat at the recently concluded NBA National Executive Council (NBA-NEC) Meeting which held last Sunday on the sidelines of the Annual General Conference.

The NBA-NEC had brushed aside the court case to ratify Oduah’s suspension by the National Officers, even as it fell short of impeaching her, citing the lawsuit. The meeting also ratified the appointment of Ms. Uche Nwadialo as Acting General Secretary.

Justice Mohammed had however adjourned the matter to today for hearing on Oduah’s Motion on Notice, the court having ordered her to serve NBA with the processes.

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police. The ex-parte application had sought to restrain the NBA and other defendants from giving effect to Oduah’s suspension by the NBA National Executive Committee among other reliefs.

CITY LAWYER had in an exclusive report noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for removal over alleged gross misconduct.

Oduah’s Counsel, Mr. Ayotunde Ogunleye (who stood in for Lead Counsel, Mr. Muritala Abdul-rasheed) had informed the court of the pendency of an ex-parte application dated and filed on 16th August, 2022. He sought to move the application.

In opposing the application, Mr. Solomon Umoh (SAN) and Mr. Godwin Omoaka (SAN) announced their appearances on behalf of the Incorporated Trustees of the Nigerian Bar Association and Mr. Olumide Akpata respectively, the 1st and 2nd Defendants, and informed the court that the matter was brought to their attention through social media.

Omoaka told the court that a preliminary objection challenging the jurisdiction of the court to hear Oduah’s suit as well as the ex-parte application had been filed on behalf of the two defendants.

He argued that the law is settled that where an objection to the jurisdiction of the court is raised, the court has an obligation to hear the objection first before attending to any other matter or application.

Omoaka then urged the court to set down the Preliminary Objection for hearing and ahead of hearing of the applicant’s ex-parte application.

Ogunleye however objected to Omoaka’s submissions, arguing that the business of the day was the hearing of the ex-parte application. He stated that the rules of court and judicial precedents are clear that where a defendant is present at the hearing of an ex-parte motion, he can only be seen and not heard.

Replying on points of law, Omoaka distinguished the authorities cited by Oduah’s Counsel from the case at hand and urged the court to first set down the preliminary objection for hearing.

In a short ruling, the court agreed with Omoaka that where a preliminary objection is raised, the court has a duty to hear it first. Justice Mohammed however held that the business of the day was the hearing of the ex-parte motion.

The court further held that it would exercise its discretion to hear the ex-parte application and set down the preliminary objection for hearing at a later date. This paved the way for Ogunleye to move the ex-parte application.

Ogunleye prayed the court for various injunctive and preservative reliefs.

In its ruling on the ex-parte motion, the court observed that the reliefs sought were the same as the reliefs sought in Oduah’s Motion on Notice. It declined to grant the prayers and ordered that the defendants be put on notice.

Abdul-Rasheed had confirmed the ruling to CITY LAWYER, saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

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NBA-AGC: ATIKU, PETER OBI, OTHERS CLASH AT FIRST DEBATE

In what may pass as their first presidential debate in the run-up to the 2023 National Elections, former Vice President Atiku Abubakar and former Anambra State Governor, Mr. Peter Obi went head-to-head yesterday at the ongoing Nigerian Bar Association Annual General Conference (NBA-AGC).

The presence of the leading presidential candidates confirms CITY LAWYER’s exclusive report that the duo would attend the event.

One of the highlights of the Opening Ceremony monitored by CITY LAWYER was the Keynote Address delivered by globally acclaimed writer, Chimamanda Ngozi Adichie.

Atiku and Obi were among five presidential candidates who gave insights on how they plan to turn Nigeria’s fortunes around if elected president at the forthcoming general elections. The All Progressives Congress (APC) presidential candidate, Senator Bola Ahmed Tinubu was conspicuously absent. Also absent was the New Nigeria Peoples’ Party (NNPP) presidential candidate, former Governor Rabiu Musa Kwankwaso. Tinubu was however represented by the party’s vice presidential candidate, former Borno State Governor, Kashim Shettima.

Themed “Democratic Transitions in 21st Century Nigeria: 2023 & Beyond,” the face-off was moderated by former NBA President and NBA Board of Trustees Chairman, Dr. Olisa Agbakoba SAN.

The high-profile Opening Ceremony which held at the prestigious Eko Hotel & Suites, Lagos was witnessed by leading jurists at the Bar and Bench.

Aside from speeches by the Local Organising Committee Chairman, Mr. Ikechukwu Uwanna; Technical Committee on Conference Planning (TCCP) Chairman, Mr. Tobenna Erojikwe and outgoing NBA President, Mr. Olumide Akpata, Goodwill Messages were received from the Chief Justice of Nigeria, Justice Olukayode Ariwoola, who was represented by Lagos State Chief Judge, Justice Kazeem Alogba as well as the Lagos State Governor, Mr. Babajide Sanwo-Olu, who was represented by the Attorney-General & Commissioner for Justice, Mr. Moyosore Onigbanjo (SAN).

Governors Solomon Lalong and Godwin Obaseki of Plateau and Edo states respectively also attended the conference as well as NBA President-elect, Mr. Yakubu Maiyau SAN and his rival during the recently concluded NBA Elections, Chief Joe-Kyari Gadzama SAN.

According to a PUNCH newspaper report, Atiku and Obi flayed the Federal Government over the insecurity and economic crisis confronting the nation, stating that Nigeria possessed all the negative indices that qualified it as a failed state.

The two candidates agreed that 2023 is Nigeria’s decisive year, noting that the election is critical to the country’s existence. On his part, Shettima urged Nigerians to vote for their joint ticket because of their achievements as governors in Lagos and Borno states.

Ariwoola, Sanwo-Olu and Adichie were among speakers who advocated the reform of the Nigerian judiciary in order to position the country on the path of transformational change.

In his remarks, Atiku observed that the country is more disunited today than it had ever been since democracy took root in 1999, noting that Nigeria had never found itself in such a very critical situation in its history.

He stated that Nigeria had all the negative indices, adding that the nation had never experienced the current level of poverty, insecurity and unemployment. He noted that “Since the return of democracy in 1998/99, Nigeria has never found itself in such a very very critical point in our history.

“Today, we have had all the negative indices. Today, we are all disunited in the nation. We have never experienced this level of poverty. We have never experienced this state of insecurity. We have never experienced this level of unemployment. We have recognised all these negative development in our history.”

He added that the important thing was to tackle the challenges. “This is where history and experience beckon to us that we don’t get it wrong at this point in time. If we get it wrong, I don’t know when we will get it right,’’ he noted.

An online newspaper, The Cable reported that ex-vice-president revealed that he would hand over the federal universities to states if he was elected president. According to the report, Atiku said his administration’s reform would involve creating an enabling environment for foreign and local investors. The reforms, he further explained, would include healthcare and education ‘’because the government alone cannot bring about development.’’

He stated, ‘’One of the fundamental reforms I have in my policy document is to encourage the private sector as far as the development of the country is concerned — both foreign and local. It is very essential because the federal government does not have the resources to do all the things that they want to do,” he said.

POWER DEVOLUTION
Shedding more light on his plans, he stated, “The only way is to make sure that a conducive environment is available for the local and foreign investors to participate in the development of our country, whether it is infrastructure, education and healthcare.

“I had an argument with a university professor from Federal University, Lokoja. He said he read in my policy document that I intend to devolve, in other words, to return education to the states. How dare I do that?

‘’I said: ‘Mr professor, do you realise that the first set of our universities belongs to the regional governments?’ He said, ‘yes’. I said ‘who are the successors of the regional government?’ He said: ‘the states’.

“I said the children you send to America or England; who owns those universities? Mostly, the private sector. So, why is it that you think we cannot do it here? We don’t have the money.”

Atiku posted on his Twitter page on Monday that he was at the NBA conference to give lawyers insights into his bold policy which he said embodies unity, security, economy, education and devolution of power to states and local governments.

The Labour Party presidential candidate, Obi in his remarks said ‘’the election will not be about tribe, religion, connection, entitlement, but it must be about competence capacity and commitment to deliver.” Obi said that Nigeria needs urgent transition from being a highly insecure country to a secured one and from a disunited country to a united one.

He added, “Nigeria has qualified to be a failed state. We have the two or three biggest characteristics of a failed state. One is when you are no longer in charge of your territory.

“Today, we are among the top terrorised countries in the world; we are among the top kidnapping countries in the world. Banditry has taken over part of the country and Nigerians are being killed.”

He called on Nigerians to elect the candidate with the capacity to rescue the nation from its current mess. “Nigeria is in a mess. We got here simply because of the accumulative effects of bad leadership. The coming election is not about tribe or religion but about character and competence. We need a bold transition from a highly insecure state to a highly secured state,’’ he noted.

The APC running mate, Shettima pointed out that his principal would replicate at the federal level the feats he recorded in Lagos when he was the governor. Shettima said they would hit the ground running if elected into office in 2023. He stressed that Tinubu is the man to beat because of his skill-set. “I aligned with the APC candidate because of his competence and performance,’’ he affirmed.

The vice-presidential candidate said as governor of Borno state, he facilitated the construction of the best schools in the country. “Nigerians have the capability to see through the worn-out rhetoric and sophistry of pretentious politicians,” he said in a veiled attack on his opponents.

“Nigerians should ‘follow the man wey know the road.’ From day one, we will hit the ground running. We’ll promptly address the issue of the economy, ecology, and security.

“And we have the antecedents. I built some of the best schools in Nigeria. Go to Borno and see wonders; you will never believe that it is a state in a state of war. So, we are going to replicate our achievements in Lagos, in Borno and some of the frontline states so that our nation will be a better place.’’

Shettima asked the NBA delegates to make an informed decision in changing the narrative of leadership in the 2023 general elections, saying his principal is the man to beat. He urged lawyers to choose a leader that has established records, stating that he had mentored men and women.

ADICHIE ON HEROES
The guest speaker at the conference, Adichie in her keynote address said the country was in disarray and needed heroes to save it. She said, “Nigeria is in disarray; things are hard and getting harder by the day. We can’t be safe when there is no rule of law. Nigerians are starved of heroes to look up to.

“Late Dora Akunyili and Gani Gawehimmi were heroes that Nigerians looked up to before now. Unfortunately, that era has gone. I believe that NBA is in a position to give the nation heroes that we can look up to lead the nation.’’

Stressing the imperative of justice, the author of Half of a Yellow Sun and other books, further said, “As long as we refuse to untangle the knot of injustice, peace cannot thrive. If we don’t talk about it, we fail to hold leaders accountable and we turn what should be transparent systems into ugly opaque cults.’’

She submitted that many people who have abused their positions in Nigeria would regard the NBA as troublesome. Adichie called for an incorruptible judicial system and advised the NBA to leverage technology in the judicial process and the administration of justice in the country.

“As the NBA continues to fight the abuse of power, it must also look inward not to be corrupted,’’ the award winning author admonished.

The presidential candidate of the Social Democratic Party, Adewole Adebayo lamented that the country’s crude oil was being stolen by the government. Adebayo advised the conference participants to be suspicious of every statistic being given.

The presidential candidates of the African Democratic Party and the All Progressives Grand Alliance, Mr. Dumebi Kachikwu and retired Justice Peter Umeadi also spoke at the conference.

Earlier, Justice Ariwoola said the Bar and Bench must return to the days when the ethics of the legal profession was upheld and enforced. He said that the justice sector is very important to the survival of Nigeria so all stakeholders must ensure that it is protected and improved upon so it can continue to provide hope for the masses.

Also speaking at the conference, which has over 13,000 delegates in attendance, Sanwo-Olu said the state’s judicial system had upheld the legacies of the past administration in the improvement of the legal practice. His words: “We have continually transformed our structures, building new courtrooms, renovating existing ones, to create a more conducive environment for our judges and to efficiently administer justice.’’

“I can boldly say that no state takes the funding of the judiciary as seriously as Lagos State, and this is a legacy that has been sustained by successive administrations since 1999,” he said.

NBA PRESIDENT SPEAKS
On his part, Akpata said it was the greatest privilege of his life to have piloted the association.

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SUSPENSION: ODUAH’S LAWYER REACTS, SAYS RATIFICATION A MOCKERY

The Lead Counsel to Mrs. Joyce Oduah, the suspended General Secretary of the Nigerian Bar Association (NBA), Mr. Muritala Abdul-rasheed SAN has condemned NBA National Executive Council (NBA-NEC) for ratifying her suspension by the National Officers.

Asked whether he was satisfied with the outcome of yesterday’s NBA-NEC meeting which fell short of impeaching Oduah due to a pending lawsuit at the Federal High Court, Abdul-rasheed said cryptically: “Not at all!”

He told CITY LAWYER that “It (ratification) is a decision that made mockery of the fundamental objective of the NBA.”

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Committee also stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Oduah however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Oduah had urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), Abdul-rasheed blamed Akpata from Oduah’s travails.

In an email sent to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

Dated August 18, 2022, the email was copied to the Attorney-General of the Federation and Minister of Justice, NBA Trustees, all Senior Advocates of Nigeria, members of the Body of Benchers, National Executive Committee members, chairmen and secretaries of NBA branches, co-opted NBA-NEC members, past NBA National Officers, and all NBA members.

Abdul-rasheed argued that the suspension of a National Officer “is not contemplated by the Constitution of the NBA,” adding that “members of the Executive Committee have no vires to discipline or suspend our client from office as they purport to do in their misguided resolution.”

He prayed the NBA-NEC members to respect the pending case, noting that Oduah is “the center gravity and engine room of NBA-NEC meetings” and that “The purported suspension of our client was illegally carried out.”

The email which was titled “RE: SUIT NO : FHC /ABJ/CS/1426 /2022 Between: Mrs . Joyce Oduah V . The Incorp. Trustees of the NBA,” noted that the matter came up for hearing last Thursday, adding that “At the proceedings, the Incoorporated (sic) Trustees of the Nigerian Bar Association was represented by Mr. Solomon Umoh, SAN, while Mr. Olumide Akpata, the President of the NBA, was in Court in person and represented by Mr. Godwin Omoaka, SAN. The Defendants therefore are aware of the pendency of the action.”

Noting that NBA’s core objective “is promotion and protection of the principles of rule of law and respect for fundamental rights, human rights and people’s rights, Oduah’s counsel stated that “we have our client’s instruction to to respectfully pray the NBA-NEC thus:

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

ii. that all parties to the pending litigation respect the rule of law and desist from taking any steps, action(s), move motion(s) and/or pass resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and

iii. that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC.”

In a veiled reference to Akpata, Abdul-rasheed prayed that “NEC will NOT allow any member, no matter how highly placed or influential, to surreptitiously move her to take any of the above actions.”

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‘WE’LL DELIVER SEAMLESS NBA TRANSITION,’ SAYS OGBOLE

The Chairman of the 2022 Nigerian Bar Association (NBA) Transition Committee, Chief Paul Harris Ogbole, SAN has again assured that there would be “a smooth, orderly and peaceful transition and transmission of power from the outgoing administration to the in-coming one.”

The senior lawyer, in a statement made available to CITY LAWYER, welcomed conferees to this year’s AGC, and stated that his Committee was “working assiduously with and receiving the necessary cooperation from the Olu Akpata-led Executive, the Y.C Maikyau marshalled in-coming EXCO and, indeed, all stakeholders.”

He added that his Committee “will work relentlessly to ensure the that the incoming Maikyau administration will hit the ground running upon assumption of office.”

While wishing conferees a memorable AGC, the Senior Advocate of Nigeria advised them to make the most of the opportunity offered by the largest gathering of lawyers on the African continent, to rest, exercise, socialise and consolidate on their social network.

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MARITIME LAW BOOK NOW AVAILABLE AT AGC

A text on Maritime Law and Practice in now available for purchase at the ongoing NBA Annual General Conference.

Authored by a leading text writer on Law, Mr. Osondu Ajuzie, the book comes highly recommended.

The book, Modern Maritime Law and Practice in Nigeria, is available for purchase at discounted AGC rate.

See flyer for details.

Title of Book: Modern Maritime Law and Practice in Nigeria

Name of Book Reviewer: Professor Paul C. Ananaba (SAN).

Area of Relevance: Admiralty/Maritime Industry

Publisher: University of Lagos Press

Year of Publication: 2020

Place of Publication: Lagos, Nigeria

Name of Author: Ajuzie Chizoba Osondu

Author’s Qualifications: Double LL.M (University of Lagos and Lagos State University); Ph.D Candidate (Babcock University)

Page Extent: 473 (excluding Preliminary Pages)

Number of Chapters: 12 Chapters

Chapter 1 Meaning and Brief History of Maritime Law
Discussed issues such as meaning of maritime law; reason for its emergence; distinction between maritime and admiralty law; origin and development of international maritime law; history of English maritime law; origin and development of Nigerian maritime jurisdiction; establishment of the Federal Revenue Court, admiralty jurisdiction controversy and resolution of the controversy; the bases of the present exclusive admiralty jurisdiction of the Federal High Court and the extent thereof.

Chapter 2 Domestic Legal and Institutional Framework
It ex-rays topical issues such as constitutional and legislative framework for maritime regulation in Nigeria; domestic maritime regulatory institutions, such as Nigerian Maritime Administration and Safety Agency (NIMASA), National Inland Waterways Authority (NIWA), Nigerian Ports Authority (NPA), Maritime Academy of Nigeria (MAN), et cetera; admiralty jurisdiction regulatory statutes, such as NIMASA Act, Coastal and Inland Shipping (Cabotage) Act; Merchant Shipping Act, et cetera; domestic marine pollution prevention statutes; maritime cabotage, amongst other topical issues.

Chapter 3 International Legal and Institutional Framework
It features such topics as international maritime regulatory instruments, such as United Nations Convention on the Law of the Sea (UNCLOS); instruments for the protection of the marine environment from pollution, such as International Convention on Civil Liability for Oil Pollution Damage (CLC Convention), International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (the Fund Convention), International Convention for the Prevention of Pollution from Ships (MARPOL), et cetera; instruments relating to safety of life at sea, such as the United Nations Convention on Safety of Life at Sea (SOLAS); International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), International Convention on Marine Search and Rescue (SAR), and a host of others.

Chapter 4 Maritime Zones and Boundaries
Discussed issues related to Maritime Zones and Boundaries, with particular reference to definition of maritime boundary; applicable laws, such as UNCLOS; delimitation of international maritime boundaries with particular reference to Baseline, Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone, Continental Shelf, High Seas, The Area, International Straits, Archipelagic States, Regime of Islands, and Enclosed and Semi-Enclosed States, and Land-locked States, Nigeria’s land and maritime borders, and economic potentials derivable from Nigeria’s maritime zones, such as the continental shelf and the seabed resources thereof.

Chapter 5 International Conventions Applicable to Carriage by Sea Contracts with particular reference to the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading 1924 (The Hague Rules), its First and Second Protocols 1968 and 1979 (The Hague/Visby Rules), the United Nations Convention on the Carriage of Goods by Sea 1978 (Hamburg Rules), comparison of the Hague/Visby and Hamburg Rules, and the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (The Rotterdam Rules).

Chapter 6 Elements of Carriage by Sea Contracts
Discussions in this chapter centre on topics such as Charter Party Contracts or Contracts of Affreightment; Contractual stipulations or Implied Obligations; Shipowner’s duties or basic obligations under charter parties; Charterer’s duties or basic obligations under charter parties; Application of International Conventions to charter parties; Contracts of General Carriage by Sea; and Average.

Chapter 7 Marine Insurance Law
with particular reference to Meaning of Insurance; Definition of Marine Insurance; Divisions of Marine Insurance; Ancient origin and connection with Lloyd’s of London; Basic issues and applicable Statutes; representations pending negotiation of contract; Indemnity; Indemnity under the Marine Insurance Act; Warranties; Marine Insurance Policies; Risks commonly covered by marine insurance policies; Perils of the Sea; Assignment of Policy; Losses; Proof of Loss, et cetera.

Chapter 8 Maritime Safety Regulations
with particular reference to applicable International Conventions; Employment of Right calibre of Ship’s Master and Crew Members; Compliance with Safety Management Systems; Collision Regulations; Nigeria’s status in relation to the Collision Convention 1910; and Defences available in actions for collision damage.

Chapter 9 Ship Mortgages and Liens
with particular reference to definition and nature of ship mortgage; need for ship mortgage transactions; how safe is the mortgagee in mortgage transactions; distinction between Mortgage, Charge, Pledge and Lien; types of ship mortgages; international Conventions relating to maritime lien and mortgages; rights and obligations of parties to a ship mortgage; and sale or mortgage of a ship outside Nigeria.

Chapter 10 Ship Ownership and Management Process.
Covers topics such as Ship Ownership; reasons and need for ship registration; meaning of ship and ship registration; legal consequences of ship registration; agency responsible for ship registration; ships that may be registered in Nigeria; and procedure of application for ship registration.

Chapter 11 Elements of “SalTowPil”
“SalTowPil” is a short form for salvage, towage and pilotage coined by the author. Discussions in this chapter centre on Salvage operations; Towage operations; Pilotage operations and Wreck operations.

Chapter 12 Practice and Procedure in Admiralty Courts
with particular reference to appropriate authority and power to make rules; Sources of authority to make rules; conflict of rules; and summary of Admiralty Jurisdiction Procedure Rules 2011.

I highly recommend that the book will be of immense benefit and aid to Legal Practitioners in the area of Maritime/Admiralty Law, Lecturers, students at undergraduate and postgraduate levels, Maritime Practitioners, Administrators and Agencies, Judges and Federal and States Ministries of Justice, officials of the Nigerian Maritime Administration and Safety Agency, Nigerian Ports Authority, Ship-owners Associations, Nigerian Shippers’ Council; maritime training institutions, such as Maritime University of Nigeria, Maritime Academy of Nigeria, as well as the general interest reader.

The book is available at the following places: CSS Bookshop Lagos; UNILAG Bookshop; University of Ibadan Bookshop, Ibadan; Booksellers Bookshop Ibadan, Federal High Court Book stands, Court of Appeal Book stands, LASU Faculty of Law Book stand, or direct from Printable Publishing Company (07033343429; 08028291419).

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INIBEHE: NBA-NEC ASKS AKPATA TO DRAG CHIEF JUDGE TO NJC

The last has not been heard about the controversial one-month imprisonment of fiery human rights lawyer, Mr. Inibehe Effiong by the Chief Judge of Akwa Ibom State, Justice Ekaette Obot, as the National Executive Council of the Nigerian Bar Association (NBA-NEC) has directed NBA President to drag the jurist to the National Judicial Council for possible sanctions.

CITY LAWYER recalls that the NBA leadership had waded in to secure the release of the human rights lawyer, even as it warned that it would resist attempts to intimidate and harass lawyers.

In a statement by NBA President, Mr. Olumide Akpata, the association noted that it has mobilized its Uyo Branch members to secure Effiong’s freedom, adding: “While not going into the merits of this particular matter yet, suffice it to say that the NBA is strongly opposed to, and will continue to resist all attempts to intimidate, threaten or harass our members while properly carrying out their professional responsibilities.”

In a statement titled “RE: DETENTION OF MR. INIBEHE EFFIONG IN AKWA IBOM STATE,”Akpata said: “I have received with great concern the news of the detention of one of our members, Inibehe Effiong, at a correctional facility in Akwa Ibom State, on account of what transpired on Wednesday 27 July 2022 during proceedings in the court of the Chief Judge of Akwa Ibom State.

“Since receiving this news, I have been in touch with the Chairman of the Uyo Branch of NBA who has mobilised his team to look into and address this. This morning, I have also mandated the NBA 1st Vice President to visit Uyo immediately to join the ongoing efforts and ensure the release of Mr. Effiong.

“The NBA is therefore on top of this, and I am confident that Mr. Effiong will regain his freedom shortly.

“While not going into the merits of this particular matter yet, suffice it to say that the NBA is strongly opposed to, and will continue to resist all attempts to intimidate, threaten or harass our members while properly carrying out their professional responsibilities.

“The NBA will also not condone acts of indiscipline and insubordination against judicial officers from our members no matter the provocation. Ours is a rule-based profession and there is a procedure for airing grievances. The NBA 1st Vice President will also conduct fact finding investigation to determine what transpired and recommend next steps.”

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OKUTEPA BLASTS NBA-NEC FOR RATIFYING ODUAH’S SUSPENSION

Fiery senior lawyer, Mr. Jibrin Okutepa SAN has berated the Nigerian Bar Association National Executive Council (NBA-NEC) for ratifying the suspension of erstwhile General Secretary Joyce Oduah.

In a post he made on CITY LAWYER WhatsApp platform, the former NBA Prosecutor at the Legal Practitioners Disciplinary Committee (LPDC) said that “NBA has exhibited the worst example of disrespect for the rule of law and showed total disrespect to the pending processes filed by Mrs Joyce Oduah, Challenging her suspension.”

He also chided NBA President, Mr. Olumide Akpata for presiding over the meeting where the decision was taken, saying: “I think NBA in this case was in a fatal error rooted in self-help to have rectified the suspension being challenged in court. Court processes may be slow, but as professional association we have a duty to show example. Here NBA under Olumide Akpata failed fatally flat in the test for respect for the rule of law and due process when he presided over and took decision that showed lack of respect for our judicial process. We must respect our courts otherwise anarchy is being invited.”

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

Below is the full text of the post:

If the news I read of the just concluded National Executive Council, of NBA that the suspension of Mrs Joyce Oduah as General Secretary of NBA has been rectified, is true, then the National Executive Council of NBA has exhibited the worst example of disrespect for the rule of law and showed total disrespect to the pending processes filed by Mrs Joyce Oduah, Challenging her suspension.

There is no dispute that Mrs Joyce Oduah, had gone to the Federal High Court to challenge her suspension by the NEC of NBA. Those who took part in the said suspension have been sued. There was a motion for injunction pending and which NBA and incorporated Trustees of NBA are aware of. The case is suit No FHC/ABJ/CS/1426/2022. It was adjourned to 23rd August 2022. NBA President Mr Akpata was in Court when the case was adjourned. The case seeks injunction against her suspension and taking any decision to rectify her suspension from office as General Secretary. I am not in support of misconduct alleged against Mrs Joyce Oduah. I am not and I will not if all those allegations or facts alleged against her are true.

But that is another matter altogether. But can NBA whose foremost motto is promoting the rule of law engage in self-help to rectify actions being challenged ed in court. I do not think so. That decision to ratify her suspension is a bad example coming from an association that should be the vanguard of, protection of and promotion of the rule of law. Our courts have consistently frown at resorts to self-help to undermine pending processes.

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

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

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

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

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

I think NBA in this case was in a fatal error rooted in self-help to have rectified the suspension being challenged in court. Court processes may be slow, but as professional association we have a duty to show example. Here NBA under Olumide Akpata failed fatally flat in the test for respect for the rule of law and due process when he presided over and took decision that showed lack of respect for our judicial process. We must respect our courts otherwise anarchy is being invited.

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BUZZ, AS ATIKU, PETER OBI STORM LAGOS TODAY FOR NBA-AGC OPENING CEREMONY

There was palpable excitement among delegates who took part in some of the early activities to herald the 2022 Nigerian Bar Association Annual General Conference.

Meanwhile, the eagerly awaited Opening Ceremony of the conference holds today at the prestigious Eko Hotel & Suites, Victoria Island, Lagos.

CITY LAWYER gathered from unimpeachable sources that both former Vice President Atiku Abubakar and the new sensation in town, Mr. Peter Obi have confirmed their attendance at the conference.

Among the early activities that set the stage for the conference were Jumat and Church services, health walk, tree planting campaign and football tournament.

Many lawyers turned out for Health walk which started at Eko Atlantic City through Ahmadu Bello Way, Akin Adesola, to Adeola Odeku, ending again at Eko Atlantic City.

NBA President, Mr. Olumide Akpata led from the front in the fun-filled Health Walk which included dances, music, aerobics, and exercise.

Aside from the religious services, NBA branches have also been slugging it out to decide who will lift the coveted President’s Cup.

The tree-planting campaign was performed by Akpata under the watchful eyes of the Local Organising Committee (LOC) Chairman and NBA Lagos Branch Chairman, Mr. Ikechukwu Uwanna among others.

Meanwhile, Mr. Ifeanyichukwu Obiakor, a former Chairman of NBA Awka Branch, has commended the accreditation process, saying: “Excellent arrangements, very seamless. Your number is called and then we enter batch by batch and get the tags and materials.”

This was echoed by Ms. Uche Nwokolo of NBA Port Harcourt Branch IHS Legal Unit, who said: “In all honesty, I am very impressed with what I am seeing. I got here 6 pm; it was very fast. I received everything in less than 30 minutes. I am happy.”

Also speaking on the annual conference, the Chairman of the 2022 Technical Committee on Conference Planning (TCCP), Mr. Tobenna Erojikwe said: “We are elated at the prompt and seamless accreditation process and collection of conference materials which lasted from 4 pm to 10 pm on Friday.”

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BREAKING: NBA-NEC RATIFIES ODUAH’S SUSPENSION AS GENERAL SECRETARY

The National Executive Council of the Nigerian Bar Association (NBA-NEC) has ratified the suspension of Mrs. Joyce Oduah as the General Secretary of the association, CITY LAWYER can authoritatively report.

However, the NBA-NEC also ratified the appointment of Ms. Uche Nwadialo as the Acting General Secretary for the association.

The NBA-NEC however fell short of removing Oduah in view of the lawsuit filed by the suspended NBA General Secretary challenging her suspension by the National Officers.

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Committee also stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Oduah has however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Details soon.

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LAW SCHOOL 1995 CLASS REUNION DINNER HOLDS TOMORROW

The Nigerian Law School 1995 Call Set Alumni Association will hold its inaugural reunion dinner tomorrow at the Federal Palace Hotel, Victoria Island, Lagos.

According to a statement made available to CITY LAWYER by the Chairman of the Reunion Dinner Planning Committee, RHC Yusuf Asamah Kadiri SAN, “I am very delighted to announce, for and on behalf of the Reunion Dinner Planning Committee, that everything is set for us all to have a memorable Reunion Dinner event tomorrow evening (Monday, 22nd August 2022), by the grace of Almighty God.”

Reeling out the full schedule for the reunion dinner, Kadiri said: “We look forward to seeing members of the Call Set at the Reunion Dinner event tomorrow.”

Mr. George Etomi (FNIALS, NPOM), Founding Partner of GEPLAW is the Guest Speaker for the event.

The President of the Class, Mrs. Cordelia Eke said: “I wish to welcome all members of the Set that would be participating at the NBA AGC holding in Lagos. I also specially welcome our members that have subscribed to the Reunion Dinner and look forward to receiving everyone on Monday 22nd August 2022 at the Federal Palace Hotel.

“I must commend the Reunion planning Committee led by Prince Yusuf Asamah Kadiri SAN for the fantastic job done so far in putting the event together as we look forward to reuniting with old friends from the Law School, networking and exploring opportunities for growth and future engagements in the midst of music and entertainment. Indeed, it would great to unwind amongst friends.

“We thank all our donors and sponsors for the event and indeed all members that have identified with us.”

Highlights of the programme are below:

5:00pm – Arrivals, Registration, Red Carpet, and Pre-Dinner Cocktails

6:00pm – Commencement:

1. National Anthem/ Opening Prayers (Inter-Religious – joint Islamic and Christian Prayers)

2. A Minute silence in honour of departed members.

3. Brief Welcome by Chairman of the Reunion Dinner Planning Committee

4. Brief Remarks by President of the NLS 1995 Call to Bar Class

5. Dinner is served

6. Dinner Talk – Guest Speaker (Mr. George Etomi, FNIALS)

7. Health Talk – Guest Speaker (Dr. Ifeoma Chukwuma, PhD – Natural Health Expert)

8. Musical & Entertainment Interludes

9. Cutting the Reunion Cake

10. Raffle Draw/American Auction

11. Vote of Thanks by the Secretary of the Reunion Dinner Planning Committee

12. Dance, Dance, Dance

13. Closing

We look forward to seeing members of the Call Set at the Reunion Dinner event tomorrow.

Note that Access Card admits.

Thank you, and best regards.

SIGNED:
RHC YUSUF ASAMAH KADIRI SAN
Chairman, Reunion Dinner Planning Committee

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IMPEACHMENT: ODUAH KNOWS FATE TODAY, ASKS NEC MEMBERS TO SHUN MOVE

  • PHOTO EXCLUDED IN NEC BUNDLE

The fate of the suspended General Secretary of the Nigerian Bar Association Joyce Oduah will be decided today by the National Executive Council of the Nigerian Bar Association (NBA-NEC).

The NBA-NEC meeting holds today at 4 pm at the Eko Atlantic City, Lagos, venue of this year’s NBA Annual General Conference (AGC).

Meanwhile, Oduah’s photograph is conspicuously absent from the list of National Executive Committee members as listed in the NEC Bundle sent to members for today’s meeting. It has been replaced with the photograph of Acting General Secretary, Ms. Uche Nwadialo. The notice for the NEC Meeting issued by the suspended General Secretary is however retained while her photograph also adorns the AGC Programme as “General Secretary,” perhaps due to logistical challenges.

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Committee also stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Oduah has however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Meanwhile, Oduah has urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), her Lead Counsel and former Chief of Staff to NBA President, Mr. Muritala Abdul-rasheed SAN blamed Akpata from Oduah’s travails.

In an email sent yesterday to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

Dated August 18, 2022, the email was copied to the Attorney-General of the Federation and Minister of Justice, NBA Trustees, all Senior Advocates of Nigeria, members of the Body of Benchers, National Executive Committee members, chairmen and secretaries of NBA branches, co-opted NBA-NEC members, past NBA National Officers, and all NBA members.

Abdul-rasheed argued that the suspension of a National Officer “is not contemplated by the Constitution of the NBA,” adding that “members of the Executive Committee have no vires to discipline or suspend our client from office as they purport to do in their misguided resolution.”

He prayed the NBA-NEC members to respect the pending case, noting that Oduah is “the center gravity and engine room of NBA-NEC meetings” and that “The purported suspension of our client was illegally carried out.”

The email which was titled “RE: SUIT NO : FHC /ABJ/CS/1426 /2022 Between: Mrs . Joyce Oduah V . The Incorp. Trustees of the NBA,” noted that the matter came up for hearing last Thursday, adding that “At the proceedings, the Incoorporated (sic) Trustees of the Nigerian Bar Association was represented by Mr. Solomon Umoh, SAN, while Mr. Olumide Akpata, the President of the NBA, was in Court in person and represented by Mr. Godwin Omoaka, SAN. The Defendants therefore are aware of the pendency of the action.”

Noting that NBA’s core objective “is promotion and protection of the principles of rule of law and respect for fundamental rights, human rights and people’s rights, Oduah’s counsel stated that “we have our client’s instruction to to respectfully pray the NBA-NEC thus:

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

ii. that all parties to the pending litigation respect the rule of law and desist from taking any steps, action(s), move motion(s) and/or pass resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and

iii. that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC.”

In a veiled reference to Akpata, Abdul-rasheed prayed that “NEC will NOT allow any member, no matter how highly placed or influential, to surreptitiously move her to take any of the above actions.”

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WHY ABUJA COURT REFUSED INTERIM RELIEFS TO ODUAH: THE INSIDE STORY

The quest by suspended Nigerian Bar Association General Secretary Joyce Oduah to return to her position was scuttled by the similarity in the prayers sought in the plaintiff’s two applications before the court, CITY LAWYER can authoritatively report.

According to a source who attended the court hearing, though NBA had urged Justice A. R. Mohammed of the Federal High Court not to entertain Oduah’s ex-parte application due to the association’s preliminary objection against the lawsuit, the court insisted on hearing the motion.

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police. The ex-parte application had sought to restrain the NBA and other defendants from giving effect to Oduah’s suspension by the NBA National Executive Committee among other reliefs.

Oduah’s Counsel, Mr. Ayotunde Ogunleye had informed the court of the pendency of an ex-parte application dated and filed on 16th August, 2022. He sought to move the application.

In opposing the application, Mr. Solomon Umoh (SAN) and Mr. Godwin Omoaka (SAN) announced their appearances on behalf of the Incorporated Trustees of the Nigerian Bar Association and Mr. Olumide Akpata respectively, the 1st and 2nd Defendants, and informed the court that the matter was brought to their attention through social media.

Omoaka told the court that a preliminary objection challenging the jurisdiction of the court to hear Oduah’s suit as well as the ex-parte application had been filed on behalf of the two defendants.

He argued that the law is settled that where an objection to the jurisdiction of the court is raised, the court has an obligation to hear the objection first before attending to any other matter or application.

Omoaka then urged the court to set down the Preliminary Objection for hearing and ahead of hearing of the applicant’s ex-parte application.

Ogunleye however objected to Omoaka’s submissions, arguing that the business of the day was the hearing of the ex-parte application. He stated that the rules of court and judicial precedents are clear that where a defendant is present at the hearing of an ex-parte motion, he can only be seen and not heard.

Replying on points of law, Omoaka distinguished the authorities cited by Oduah’s Counsel from the case at hand and urged the court to first set down the preliminary objection for hearing.

In a short ruling, the court agreed with Omoaka that where a preliminary objection is raised, the court has a duty to hear it first. Justice Mohammed however held that the business of the day was the hearing of the ex-parte motion.

The court further held that it would exercise its discretion to hear the ex-parte application and set down the preliminary objection for hearing at a later date. This paved the way for Ogunleye to move the ex-parte application.

Ogunleye prayed the court for various injunctive and preservative reliefs.

In its ruling on the ex-parte motion, the court observed that the reliefs sought were the same as the reliefs sought in Oduah’s Motion on Notice. It declined to grant the prayers and ordered that the defendants be put on notice.

The matter was then adjourned to Tuesday, August 23, 2022 for hearing of the applicant’s Motion on Notice.

The Lead Counsel to Oduah and former Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN) had confirmed the ruling to CITY LAWYER , saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

It is unclear how the ruling will impact the scheduled NBA National Executive Council Meeting scheduled to hold on Sunday. Among the resolutions of the National Officers is their resolve to ask the NBA-NEC to remove or impeach the suspended General Secretary.

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She has also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

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AKPATA BREAKS SILENCE, MEETS MAIKYAU OVER HANDOVER

The President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has made a veiled reference to the crises that have dogged his tenure lately, saying that “It has been one hell of a ride, if I do say so myself.”

Akpata had taken to his verified Twitter handle (@OlumideAkpata) to announce his first official meeting with incoming NBA President, Mr. Yakubu Maikyau SAN after the establishment of their separate transition committees.

In the post sighted by CITY LAWYER, the NBA President said: “Yesterday evening I held a meeting with the President-elect of the @NigBarAssoc, Mr. Y. C. Maikyau, SAN as our recently constituted Transition Committees brainstormed on how best to ensure a seamless handover.”

Akpata then added tersely, “It has been one hell of a ride, if I do say so myself.”

Akpata’s tenure has taken a turbulent turn lately. Aside from the controversies that arose especially with the troubled appeals process that came on the heels of the 2022 NBA Elections, Akpata has waged a running supremacy battle with the Body of Benchers (BoB) over the proposed amendment of the Legal Practitioners Act (Act).

While NBA and the Body of Benchers were still trying to carve a middle ground on the matter through the Mrs. Funke Adekoya Committee, Akpata sensationally wrote to the newly minted BoB Chairman, Chief Wole Olanipekun SAN, asking him to recuse himself over the Ms. Kunbi Ogunde professional misconduct saga.

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 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).

The dust on the highly controversial matter has hardly settled when Akpata engaged in a highly publicized bust-up with the suspended NBA General Secretary, Joyce Oduah.

An attempt by Oduah to bounce back to her position has so far failed, as a Federal High Court sitting in Abuja refused to grant her prayer for interim reliefs, giving Akpata a slight breather. The matter has been adjourned to Tuesday for hearing of the Motion on Notice.

Stakeholders are divided on whether the twilight battles would signpost Akpata’s legacy as NBA President.

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AGC-LOC LAUNCHES HISTORIC CONFRENCEPEDIA

The Local Organising Committee (LOC) for the 2022 Nigerian Bar Association Annual General Conference (NBAAGC) has unveiled a groundbreaking “Confrencepedia” to guide delegates as the conference opens today in Lagos.

The highly colourful 49-page document has virtually all a conferee needs to meander through the exciting Lagos landscape with ease and comfort, and is now LIVE on the WHOVA App.

Aside from Welcome Addresses from the five NBA Branch Chairmen from Lagos, Ikeja, Ikorodu, Badagry and Epe, the Confrencepedia also has a comprehensive “Outline of Sessions and Topics” for the 62nd Annual General Conference.

It also contains the major events and schedules for the AGC including the Jumat Service, Health Walk, Tree Planting Campaign, multi-denominational Church Service, Chess & Scrabble Competition, and President’s Dinner.

Others are details on the Friendship Center, Chief Judge’s Cocktail, Closing Party otherwise called “UnBarred 5.0,” Explore Lagos, Nearby Hospitals for serious emergency medicare, Pharmacy Stores, Relaxation Centres & Hangout Spots, Top-notch Restaurants, and 24-Hour Fuel Stations.

The Confrencepedia also outlines the dates for social events/parties to be hosted by Lagos branches of the NBA. While Lagos Branch will hold its party at Eko Atlantic City on Tuesday, August 23, 2022, Epe Branch will also hold its party the same day. NBA Badagry Branch will hold its party the next day while NBA Ikeja Branch Party holds on August 25, 2022.

Major traffic offences in Lagos, Secretariat Addresses for Lagos branches, and Emergency Security Numbers are among other relevant information contained in the Confrencepedia.

The 16-member Local Organising Committee (LOC) has NBA Lagos Branch Chairman, Mr. Ikechukwu Uwanna at the helm while Ms. Chinenye Oragwu is the Secretary and Head of Health Walk & Health Centre.

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CONSTITUTION AMENDMENT: COURT ORDERS SUBSTITUTED SERVICE ON TRUSTEES, AKPATA, OTHERS

The last may not have been heard on the proposed amendment of the Nigerian Bar Association (NBA) Constitution as a High Court sitting in Aba, Abia State has ordered the Claimants in a lawsuit against the amendment to serve the respondents by substituted means.

The respondents are the Incorporated Trustees of the Nigerian Bar Association, NBA President Olumide Akpata, suspended General Secretary Joyce Oduah and Acting General Secretary Uche Nwadialo.

The plaintiffs are former NBA Legal Adviser, Mr. Victor Nwaugo and Mr. Onyemaechi Chukwu. The duo had in Suit No. A/207/2022 dragged the respondents to an Abia State High Court over the constitutionality of a proposed amendment of the NBA Constitution at the Annual General Meeting holding on 25th August, 2022 at Eko Atlantic City, Lagos.

In a ruling delivered last Wednesday and made available to CITY LAWYER, Justice Innocent Nwabughogu ordered “That leave be and is hereby granted to the Claimant/Applicant to serve all the Originating Processes and all other processes in this suit on the 2nd–4th Respondents by substituted means by posting them through a reputable courier service company to the office of the 2nd–4th Respondents at Nigerian Bar Association National Secretariat, Plot 1102Mohammadu Buhari way, Cadastral Zone A00, Central Business District Area, Abuja.”

The further court ordered that “Leave is also granted to serve all the Originating Processes and other processes in this suit on the 1st Respondent by method of postal service through a reputable courier service company on its Secretary or any of its Trustees or by handing same over to any of the staff of the 1st Respondent at its National Secretariat at Plot 1102Mohammadu Buhari way, Cadastral Zone A00, Central Business District Area, Abuja.”

Nwaugo told CITY LAWYER that “We sued Incorporated Trustees of NBA, Akpata, Oduah and Nwadialo following notices published on 27th and 28th July 2022 circulating proposed amendment to NBA Constitution. Through our counsel, Ukpai Ukairo Esq, we wrote Akpata & co to withdraw the proposed constitutional amendment for its infractions to Article 25(1) of NBA Constitution, 1999 Constitution, Legal practitioners Act and LPDC Rules.

“We have obtained an Order to serve by substitution. The matter is pending before a High Court of Abia state. We have not applied for an interim or interlocutory Order. We may do that if the need arises.”

The Motion Ex-parte was dated and filed on August 16, 2022 and brought pursuant to Order 7 Rule 6 and Order 39, Rule 1(1) of the Abia State High Court (Procedure) Rules. It was argued by the claimants’ counsel, Mr. C. C. Udoakundu.

The claimants are seeking an order of perpetual injunction restraining the respondents from permitting or allowing any motion for the amendment of the NBA Constitution to be tabled for discussion at the association’s Annual General Meeting.

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MAIKYAU WINS, AS NBA APPEALS C’TE WINDS UP, SUBMITS REPORT

The last hurdle on the path of Nigerian Bar Association President-elect, Mr. Yakubu Maikyau SAN being sworn-in as the next NBA President has been cleared, with the winding up of the appeals process.

CITY LAWYER recalls that Chief Joe-Kyari Gadzama SAN, who was declared runner-up in the elections, had queried the outcome of the election, though he vowed not to file any petition unless the NBA National Appeals Committee (NBA-NEAC) was ratified by the NBA National Executive Council before commencing its work and an audit of the election conducted.

But an unimpeachable source at NBA House told CITY LAWYER that the Appeals Committee has wound up its activities, adding that “The committee has submitted its report.” This has foreclosed the filing of any appeal on the election.

It is recalled that NBA President, Mr. Olumide Akpata had during the week dissolved all Standing Committees, leaving only the Electoral Committee of the NBA (ECNBA) and the Technical Committee on Conference Planning (TCCP) which is spearheading the forthcoming NBA Annual General Conference (AGC).

While members of the first NBA-NEAC LED BY Mrs. Funmi Roberts had resigned en masse following allegations of bias by the Gadzama Campaign Team against some of its members, another committee was quickly constituted to deal with any petitions arising from the 2022 NBA Elections.

Led by former Attorney-General & Minister of Justice, Chief Kanu Agabi SAN, the committee comprised of former NBA President and Board of Trustees Chairman, Dr. Olisa Agbakoba SAN; Cecilia Madueke (Secretary); Mr. Olumide Babalola (Counsel) and Mr. Rotimi Ogunyemi (Resident IT Expert).

The committee had on August 5, 2022 issued guidelines for filing of petitions, pegging the deadline at 7 days. The appeal window lapsed on August 12, 2022. There are strong indications that the committee did not receive any appeal on the election.

CITY LAWYER reliably gathered that the NBA leadership will present the committee and its report to the NBA-NEC for ratification.

Maikyau was declared winner of the NBA presidential election with 22,342 votes while Gadzama polled 10,842 to become runner-up. Immediate past NBA General Secretary, Mr. Jonathan Taidi garnered 1380 votes to place third.

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SHOCKER: MAN ALLEGES SHAM AUCTION BY OYO HIGH COURT, THREAT TO LIFE

A man who alleges that his property valued at N700 million was sold by officials of Oyo State High Court for a paltry N10 million is now on the run and sleeping inside coffins due to alleged threat to life.

Chief Joel Ubah, an Ibadan based businessman from Nnewi in Anambra State, alleged in a viral video made available to CITY LAWYER that he “was robbed by Oyo State Judiciary,” adding that “they fraudulently sold my house with 15 documents.”

Continuing, Ubah alleged that “the lady behind the scam claims to be the girlfriend of the Chief Judge of Oyo State.”

Saying that he has “been trying to go after these criminals,” he also alleged that “they have been threatening my life. Yesterday, I received the 47th death threat. So since (then), I have been sleeping inside from one coffin to another coffin since.”

Ubah sent a save-our-soul message to Nigerians, saying: “Nigerians should please alert the Inspector General of Police. I wrote a petition to the Inspector General of Police, nothing was done; I wrote to the CJN, they have already replied me, but I’m still waiting for the final report. Nigerians should see that we are finished in this country.”

According to Ubah, “My house that is valued for N700 million was sold for N10 million. And not only that they sold my house, they have been threatening my life.”

He accused the Oyo State Commissioner of Police of “renting guns to criminals (who carried out the execution).” Though the police chief allegedly said that he was not aware of the “scam,” Ubah claimed that he blamed former Oyo State High Court Deputy Chief Registrar (DCR), one Olushola Adetijoye, a newly appointed judge.

Ubah alleged that Adetijoye “came for execution that is not in the court record, came for execution with forged warrant of possession, came for execution with fake auction sales.” He also alleged that one Chief Magistrate T. Oladiran was complicit in the matter, having “signed a copy of the judgement.”

He alleged that his petition to the Economic and Financial Crimes Commission (EFCC) on the matter was “hijacked” while an officer at the Independent Corrupt Practices and Other Related Offences Commission (ICPC) asked him to petition as a “whistle-blower.”

His words: “Nigerians, where are we heading to? There is insecurity in the country. Nothing is happening in this country. The price of a dollar is almost getting to a thousand naira. I can’t feed. But the major thing is, Why will I be hiding everyday, everyday. Why will I be hiding.”

When CITY LAWYER contacted the Chief Registrar of Oyo State High Court, Alhaja Safiya Oyediran, she said that she is not aware of the case. Her words: “I don’t know anything about it.”

Prodded further, Oyediran stated that the judicial officers mentioned in the video work in the Oyo State Judiciary, saying: “They are our officials.” She however insisted that “I wasn’t yet a Chief Registrar. I was a Deputy Chief Registrar when it happened.” 

She also told CITY LAWYER that there is no ongoing investigation on the allegations.

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GADZAMA IS KEYNOTE SPEAKER, MENTORS PREMIERE ACADEMY GRADUANDS

The President of Vox Populi Foundation, Chief Joe-Kyari Gadzama SAN, was privileged to be invited as the Keynote Speaker at the 13th Graduation Ceremony of Premiere Academy at Lugbe, Abuja.

While delivering his speech on the theme, “Managing my Success”, Gadzama stated that he felt very honoured to have the rare privilege of not just lending his voice to the theme of this year’s graduation ceremony, but also sharing his personal success story with young minds and prospects beaming with life’s vigour.

Gadzama stated that beyond words, the theme, “Managing My Success” evokes a great deal of reflection on the life patterns, principles, relationships, strategies and focus needed to attain a certain level of success, maintain same and grow exponentially over some time.

He stated that in defining success, there are a few things an individual must know which he outlined as follows: The person one aspires to be? Feasible steps to take towards becoming that person?

Gadzama stated that to achieve and maintain success, one needs passion, hard work, determination, self-discipline, planning and faith in God. Further, he stated that one thing which kept him through his life’s journey was his resilience to never give up on the visions he had. Today, he is grateful to God that He has in his infinite mercy allowed him to attain his current level of success.

He stated that he would like to think that this stage of his career is synonymous with the icing on the cake and that managing success is more difficult than its attainment.

For him, the same virtues that are responsible for the attainment of success are the same virtues which help in the management of these successes. This is why he has continued to work relentlessly to maintain excellence in the legal profession.

He noted that other than the factors earlier highlighted, good professional and personal relationships are very much instrumental in managing success.

In his concluding remarks, Gadzama admonished young persons by stating that “Young persons must know that even after applying these principles and doing all that should be done, they ought to be patient with themselves and the process before the desired goals come to fruition”.

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CIArb OPENS REGISTRATION FOR PORT HARCOURT ANNUAL CONFERENCE

The Chartered Institute of Arbitrators (CIArb), Nigeria Branch has commenced registration for its 2022 Annual Conference which holds in Port Harcourt, Rivers State from November 9 to 11, 2022.

According to a statement made available to CITY LAWYER, the theme of the Annual Conference is “Restating the Legitimacy of Arbitration: Africa Taking the Lead.”

The three-day conference has a lot of Alternative Dispute Resolution (ADR) and arbitration-specific topics lined up for discussion by leading experts in the industry.

Signed by by Messrs Mr. Aham Ejelam (SAN, MCIArb) and Mr. Godwin Omoaka (SAN, FCIArb), both Co-Chair for the Annual Conference, the statement said that “Leading speakers drawn from related ADR fields have been assembled to deliver papers and act as panelists during the conference.” 

“The conference also provides an opportunity for participants to socialise and network for career growth,” it added.

The conference will kick off on November 9, 2022 with the Young Members Group Conference also in Port Harcourt which has the theme, “Bridging arbitral culture in a new era.”

An induction of new members and Gala Nite will draw the curtains on the eagerly awaited Annual Conference.

To register, visit www.ciarbnigeria.org/conference. For enquiries, please contact conference@ciarbnigeria.org or call 08034644337.

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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FHC ADJOURNS ODUAH’S SUIT TO AUG. 23

A Federal High Court sitting in Abuja has declined to grant an interim order sought by the suspended General Secretary, Mrs. Joyce Oduah to reinstate her in her position.

Instead, the court presided over by Justice A. R. Mohammed, sitting as a vacation judge ordered the plaintiff to put the defendant/respondents on notice and adjourned the suit to 23 August, 2022 for hearing.

Counsel to Oduah and former Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN), confirmed the ruling to CITY LAWYER, saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

Oduah had in a lawsuit sought to restrain the newly appointed NBA Ag. General Secretary, Ms. Uche Nwadialo from performing the duties of the General Secretary. She also sought an order to restrain the NBA from acting or relying on the Resolution reached by the National Executive Committee as well as an order directing the Inspector General of Police to assist her in the discharge of her duties as General Secretary.

CITY LAWYER recalls that the National Executive Council Meeting of the association holds on Sunday. The National Officers had resolved to ask the meeting to impeach Oduah as General Secretary for sundry misconduct. Oduah denies the allegations, saying that her actions were in line with the NBA Constitution.

More details soon.

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AFAM OSIGWE LEADS MAIKYAU’S TRANSITION COMMITTEE

Former Nigerian Bar Association (NBA) General Secretary, Mazi Afam Osigwe has become one of the first appointees of NBA President-elect, Mr. Yakubu Maikyau SAN.

Osigwe is among the 17-member Transition Implementation Committee (TIC) unveiled today by Maikyau in preparation for his assumption of office as substantive NBA President.

A statement signed by Maikyau noted that the committee is in “furtherance of the forthcoming inauguration of the newly elected National Executive Committee of the Nigerian Bar Association (NBA) and the need for a seamless handover.”

CITY LAWYER gathered from unimpeachable sources that Maikyau held his first meeting with members of the incoming National Executive Committee on Wednesday, August 3, 2022 on the eve of the Annual NBA-SPIDEL Conference. He had promised to run an all-inclusive administration, even as he urged the incoming National Officers to proffer ideas towards success of the regime.

Another meeting held afterwards, with First Vice President Linda Bala presiding, as Maikyau was away to Kano for the burial of deceased senior lawyer, Nassir Abdu Dangiri SAN.

Below is the full text of the statement issued by NBA Publicity Secretary-elect, Mr. Habeeb Lawal.

NOTICE OF CONSTITUTION OF TRANSITION IMPLEMENTATION COMMITTEE BY THE NBA PRESIDENT-ELECT

In furtherance of the forthcoming inauguration of the newly elected National Executive Committee of the Nigerian Bar Association (NBA) and the need for a seamless handover, I have constituted a Transition Implementation Committee (TIC) to assist in the transition process.

Members of the Transition Implementation Committee (TIC) include:
1) Mazi Afam Osigwe, SAN
2) Yemi Akangbe
3) Abdul Mohammed, SAN
4) Alhaji Salman Salman
5) Aminu Sani Gadanya
6) Augustine Nwabueze Eseagu
7) Abdulwasiu Alfa
8) Laura Alakija
9) Folarin Aluko
10) Barbara Omosun
11) Aisha M. Hassan
12) Chinaecherem Nwaubani
13) Paul Daudu
14) Isah Abubakar Aliyu
15) Olabamiji Adeyeye
16) Mohammed Adelodun
17) Kola Omotinugbon

I thank these distinguished ladies and gentlemen for accepting to serve on this Committee. I have absolute confidence in their capacity to discharge this task with the requisite dedication and excellence.

Yakubu Chonoko Maikyau, SAN, FCIArb, FICMC
President-elect, NBA

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HOT OFFER: AFFORDABLE AGC HOTELS BECKON IN LEKKI

Timeoak Hotels & Spa, Lekki, Lagos is offering a whopping 25% discount to participants at the 2022 NBA Annual General Conference.

Timeoak Hotel consists two luxury hotels located in Lekki Phase 1, about 20 minutes’ drive to the AGC venue in Victoria Island, Lagos.

TimeOak is an exquisite budget hotel in the heart of Lekki. It offers free excellent luxury services such as free beach tour, free airport shuttle, open roof-top bar overlooking the entire Lekki Peninsula up to the Atlantic Ocean, daily swimming pool, barbecue and karaoke, and many more. Relax after a day’s work in our luxury Spa and get Sauna steam bath and full body massage at discounted rates as low as N10,000.

Enjoy our FREE gym, FREE wifi, complimentary breakfast, modern bistro coffee bar, and courteous customer services, all at a discounted rate you will never get anywhere else in upscale Lekki, Lagos island.

Our kitchen is the No. 1 food plug in Lekki, with widely enjoyed dishes sold across the island through our online channel, www.timeoakdelicacies.com.

Excellent services at rock-bottom prices are the hallmark of Timeoak Hotels & Spa, Lekki,.

You have a choice of staying in our luxury rooms at the Timeoak Luxury Hotel & Spa, 59 Omorinre Johnson Street. Contact us on 07049445099 or at our Timeoak Royale Hotel at 12 Nike Art Gallary Road, Ikate (08097201571).

Book online now at www.TimeOakhotels.com, www.TimeOakhotelroyal.com or WhatsApp 08036913264.

Timeoak – memorable pleasure lifestyle!

To view our facilities, click here.

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LAGOS JUDICIARY PROBES OFFICERS OVER ARBITRARY FEES

The Lagos State Judiciary has said that it is currently investigating a report of professional misconduct and extortion among its staff

CITY LAWYER had republished an investigative report where officers in some  Lagos courts were caught demanding arbitrary fees from an under-cover journalist.

But a statement issued by the Ag. Chief Registrar, T. A. Elias noted that the matter is being investigated and the officers involved “are being put through the necessary process for the appropriate disciplinary measures.”

The statement reads:

“The Lagos State Judiciary is aware of the trending online news of unprofessional conduct by some officers reported to be in the habit of extorting money from members of the public.

“It is important to state unequivocally that the Lagos State Judiciary condemns such abhorrent behaviour if confirmed to be true. There are internal investigative and disciplinary mechanisms usually deployed as part of our management system and such have been promptly activated in this particular circumstance.

“It should be noted that the Lagos State Judiciary just like any other organization may have errant officers who deviate from the laid down rules but what is important is that such errant officers are decisively dealt with after being given fair hearing.

“This office is currently investigating this reported incident and the officers involved are being put through the necessary process for the appropriate disciplinary measures.

“The General Public is hereby assured that the Lagos State Judiciary has zero tolerance for corruption and will swiftly and decisively deal with any of its Officers against whom such is proven.

“Thank you.”

The special investigative project was conducted by Cable Newspaper Journalism Foundation (CNJF) in partnership with TheCable, supported by the MacArthur Foundation. 

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AGC: ‘ATIKU, OBI, TINUBU PARLEY NOT MANIFESTO NITE,’ SAYS AKPATA

The Nigerian Bar Association (NBA) has cleared the air regarding the Presidential Candidates’ session, one of the advertised sessions at its forthcoming Annual General Conference, saying that it is just one of the sessions at the conference and not meant to campaign for or endorse any presidential candidate in the 2023 elections.

NBA President, Mr. Olumide Akpata made the clarification at a World Press Conference yesterday to unveil the programmes for the conference billed to take place at Eko Atlantic City in Lagos from August 19 to 26, 2022.

The NBA had earlier announced that it had invited four presidential candidates in next year’s election to speak at a panel session on “Democratic Transitions in 21st Century Nigeria: 2023 and Beyond”. It also said that two of the four candidates, Atiku Abubakar of the People’s Democratic Party (PDP) and Peter Obi of Labour Party (LP), had given their word that they would be present, while Bola Ahmed Tinubu of the All Progressives Congress (APC) and Rabiu Musa Kwankwaso of the New Nigeria People’s Party (NNPP) were yet to confirm their availability.

The announcement of the Presidential Candidates’ session had elicited so much public interest as well as misconceptions, with some concerned Nigerians wondering whether the NBA would turn its Annual General Conference to a political arena.

But speaking at the World Press Conference on Tuesday, Akpata said the Presidential Candidates’ session is neither a manifesto ground nor an avenue to endorse any presidential candidate.

“It is not a manifesto night or afternoon; it is a regular session at the conference where we are interrogating the issue of democracy in transition and the leadership deficit that we have identified in this country,” Akpata said.

The NBA president said in conceptualizing the conference, “we thought that we should talk to those who are trying to ask us, as Nigerians, to allow them lead” and, following a straw poll, names of four presidential candidates came up as possible attendees.

“So, it is the normal same conference format of four people sitting down, one moderator asking questions. They will have opportunity to make opening statements and then take questions from the moderator and, thereafter, Q/A from lawyers like any other regular conference sessions. It is not a manifesto night,” he reiterated.

Akpata said he had received calls from candidates or their representatives regarding why the NBA has decided to determine for Nigerians who the leading political parties are, insisting, however, that the Bar Association has “done no such thing”.

He said some had also raised the issue as to why the smaller political parties were sidelined, while some had gone as far as writing to invite themselves to the session, “and we have disabused their minds that that is not the case”.

“We have 13,000 participants; it is what they want that we essentially have to deal with. We have tried to deal with these issues because we have tried to be responsive,” the NBA president said.

He said the NBA would ensure as much as possible that many more of the presidential candidates, to the extent that they are interested, can be in the room during the panel session.

“We will extend invitations to them. They may not be in the stage like the four advertised persons but they will be in the room and we will try and ensure that the event allows for them to air their views as far as time will permit,” he said.

He said, unequivocally, that “the NBA cannot, will not, endorse one, two or three parties”.

“We are apolitical as an organisation; our members may be political, but as an organization we are definitely not,” he said.

In an earlier note outlining the conference programme, Tobenna Erojikwe, chairman, Technical Committee on Conference Planning (TCCP), had underscored the importance of the Presidential Candidates’ plenary, saying it would present an opportunity to critically assess Nigeria’s democratic journey since 1999, identify key challenges which have perennially bedevilled the polity, and evaluate sustainable solutions to these challenges.

L-R, Omobayode Okelola; Orji Agwu Uka; 2022 NBA Conference Planning Committee Chairman, Tobenna Erojikwe; NBA President, Olumide Akpata; Rotimi Ogunyemi, Inem Dike and Dr. Kubi Udofia

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‘NBA-AGC WILL HAVE BOLD IMPRINTS ALL OVER,’ SAYS EROJIKWE

The Chairman of the Technical Committee on Conference Planning (TCCP) for this year’s Nigerian Bar Association Annual General Conference (NBA-AGC), Mr. Tobenna Erojikwe has shed more light on the theme of the conference titled “Bold Transitions.”

Speaking at a World Press Conference to herald the AGC, Erojikwe said: “The key word in the theme for this year’s conference was picked very deliberately. Interestingly, it is the word that we want people to pay attention to.

“In the last two conferences, we have had themes like ‘Facing the future’, and ‘Taking the lead.’ However, the word ‘BOLD’ is key and the word ‘transition’ is also very important because it is happening everyday .

“I think the analogy is that if someone goes to sleep five years from today and wakes up, he will meet a completely different world; it is happening at a pace that is unimaginable.

“So, one of the things that led us to the choice of the 2022 theme are some of the things the president brought in during his tenure – like digitizing the NBA and making us more adept to the use of technology.

“For instance, payment of bar practising fees, payment for conferences and all, are now done electronically. And we saw the challenges that our members face in trying to keep up with this pace of advancement despite the convenience of using new ideas and technology.

“It became clear that these transitions are things we face everyday and we are not adapting to them as quickly as possible. That is it about the adjective ‘BOLD.’

“It is telling our people that this is how we have to approach it, that boldness is a catalyst for the type of change that we must face – and we must confront it boldly.” 

The TCCP Chairman observed that the legal profession has led change anywhere in the world, adding that it is a fresh call “to take the bull by the horns”

He noted that every activity at the conference “will have a BOLD imprint.”

BOLD VENUE
The Chairman said that the choice of Eko Atlantic City as venue for the conference, even though still under construction, “is a BOLD choice in many respects.”

BOLD KEYNOTE SPEAKER
According to Erojikwe, the TCCP picked Chimamanda Ngozi Adichie as a Keynote Speaker, adding that it is a BOLD choice as she is one of the leading African icons in the world.

BOLD TECHNOLOGY
He said that to partner the discussion on Technology, “We chose to partner with META which is also a very bold choice, as Meta is one of the transformational companies you can get in the world. They are the owners of Instagram, Facebook, and WhatsApp. So it cannot come better than that.”

BOLD SESSIONS
According to the TCCP Chairman, one of the sessions at the conference involves the presidential candidates for the 2023 elections who have been invited to tell the legal community and Nigerians what their plans are.

His words: “So that’s how far as it goes; every bit of the conference is bold. 

“So, for example, after the keynote address which will take place on the Monday 22, August, we are going to have ‘Democratic Transitions in Nigeria: Focus on 2023 and beyond.’

“Everyone knows that oil and gas has been the main stay of Nigeria’s economy since 1973, so we are inviting the sub-nationals across the geographical zones in Nigeria to come and tell us what their plans for the future are and also get people from the Central Bank and economists to interrogate what is happening and where we need to get to.

“On that day of the conference, and for the first time in the history of the NBA, we will be having the current president of the NBA, the incoming NBA president and the last two predecessors-in-office join them on stage to talk to members of the NBA about the NBA.

“Indeed, it will be an interrogation of the performance of the current NBA President. We will have an opportunity to tell him what we think he got wrong and we expect that people will speak up – and then, of course, tell him what we also think he got right.

“But most importantly, it is to afford the incoming president an opportunity to outline his direction for the NBA and also give us an opportunity to tell him whether we think that is the direction he should be going.”

Erojikwe stated that the NBA Access to Finance scheme “is the first of its kind anywhere in the world and a remarkable initiative of the NBA President,” adding that NBA is interested in knowing if lawyers are able to access the funds as well as the challenges being faced.

He stated that the NBA Remuneration Report will be interrogated by the audience to provide insights for its implementation by NBA-NEC.

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‘WHERE TO COLLECT CONFAB MATERIALS,’ BY TCCP

The Technical Committee on Conference Planning (TCCP) for the 2022 Nigerian Bar Association (NBA) Annual General Conference in Lagos has released updates on the collection of conference materials.

According to the statement made available to CITY LAWYER: “Collection of conference materials by delegates will commence on Friday, 19 August 2022 at 4pm and end on Tuesday, 23 August 2022 at 6pm.

“ Delegates who are attending in-person may pick up their conference materials at the designated point at the Registration Tent of the Conference Venue at Eko Atlantic on the following days;

“ Friday, 19th August 2022 (4pm-10pm);
Saturday, 20th August 2022 (9am-10pm);
Sunday, 21st August 2022 (9am -10pm);
Monday, 22nd August 2022 (8am-10pm);
Tuesday, 23rd August 2022 (8am-6pm).

“Delegates who are participating virtually will receive electronic conference bags (“E-bags) which will be sent to their AGC registration email before the opening ceremony.” 

Click to here to download the full location details.

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AKPATA DISSOLVES C’TES, TCCP, ECNBA SURVIVE

The Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has dissolved all Standing and Ad-hoc Committees set up by the administration to run its affairs.

While the Technical Committee on Conference Planning (TCCP) and the Electoral Committee of the Nigerian Bar Association (ECNBA) are not affected by the dissolution announced by NBA Publicity Secretary, Dr. Rapulu Nduka, the administration has also set up a Transition Committee to midwife the incoming regime.

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

DISSOLUTION OF ALL STANDING AND AD-HOC COMMITTEES OF THE ASSOCIATION AND CONSTITUTION OF NBA TRANSITION COMMITTEE

Dear Colleagues,

On the inauguration of the present leadership of the Nigerian Bar Association, and in the course of its duties, various Standing and Ad-hoc Committees were constituted to assist in the smooth running of the outgoing administration.

However, ahead of the expiration of the tenure of the outgoing administration, the NBA President on behalf of the National Executive Committee of the Nigerian Bar Association, has dissolved all standing and Ad-Hoc Committees of the Association, with the exception of the Technical Committee on Conference Planning and the Electoral Committee of The Nigerian Bar Association, and further constitutes a Transition Committee.

Members of the Transition Committee include:

1. Paul Harris Ogbole SAN – Chairman
2. Aderemi Oguntoye
3. Bulus Atsen
4. Desmond Ogba
5. Tolu Aderemi
6. Benard Onigah
7. Ovonlen Ebholimen
8. Grace Igyo
9. Ayodeji Oni
10. Kelechi Onwuegbuchulem

The National Executive Committee of the NBA sincerely appreciates the various committees for their hardwork and support for this administration, and charges the Transition Committee to properly discharge their duties in line with their Terms of Reference.

Dr. Rapulu Nduka
Publicity Secretary

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SCANDAL ROCKS LAGOS COURTS OVER ARBITRARY FEES

The court, they say, is a beacon of justice but the officials of Lagos courts do not align with the age-long dogma. In this report, BUSOLA ARO exposes the shady practices perpetrated by judicial officials who extort applicants and demand unofficial fees before issuing documents and certified true copy (CTC) of court rulings. From the federal high court in Ikoyi to the Agege magistrate court and the Ikeja high court — the pay-for-document racket was found to be prevalent and deemed to be normal.

When I arrived at the four-storey building housing Samuel Ilori magistrate court in Ikeja on a sunny afternoon in April 2022, the environment was busy and tense. Alleged criminals, security operatives, lawyers, relatives of alleged criminals, court officials and non-officials crowded the place.

I proceeded to Court 9 on the third floor and on arrival, I approached the court registrar and submitted an application requesting the CTC of a judgement. Begrudgingly, she collected the letter, took a look at it and directed me to the records department, saying all files had been transferred there.

The records office is on the first floor, so I navigated my way back down the stairs. There I met an official identified as Alhaja Khadijat, who patiently listened to my enquiries and directed me to the assistant chief registrar (ACR) where I would initiate my application.

“Why are you applying for this CTC?” the ACR asked when I approached her. “Are you related to the parties involved and what do you need it for?” After providing answers deemed satisfactory, she signed the document and referred me to the records officer.

ACR asking numerous questions

Upon my return, Khadijat was arranging files and attending to other persons. After some time, she turned to me and asked; “So, what can I do for you? You can see that I am busy. I don’t believe your file is here and you can also see that there are so many files here. So, you would have to come back before you can get it.

“If you want to get the CTC today, you would have to mobilise people to help you look for it. I cannot leave what I am doing to look for your own when there are more important people who have come before you. You ought to know what to do. Those people won’t work for free unless you are ready to come back in two weeks.”

Khadijat counting the mobilisation fee

After receiving N2000 as a mobilisation fee, she asked me to return in two days. I returned four days after, but Khadijat had not yet treated my request, and she gave the impression that I would have to pay another sum to fast-track my work. I left and returned the following week but there was still no progress. Unwilling to cough out another sum, I gave up.

HOW TO APPLY FOR A CERTIFIED TRUE COPY

Applications for court documents such as the CTC is one of the major activities in Lagos courts. Lawyers, journalists and parties to cases request documents, especially the CTC, on a daily basis.

To get court documents, one is expected to write an application addressed to the registrar or deputy registrar, after which necessary validations such as payment and stamping are done. This process only takes an hour depending on the number of requests as cases are filed every day.

The procurement of a document has a set of procedures — starting from the deputy registrar who initiates the document to the specific court where the document is to be obtained; then you make a photocopy, visit the litigation officer who gives the official amount, then to the cashier to make payment, and back to the litigation office to get a certified stamp.

Cashier office and initiation room

To apply for a CTC in the federal high court, Lagos costs about N300 per page. In the state high court or magistrate courts, it costs N200 per page. But the rates are just the official amount on paper. Applicants are expected to cough out more to guarantee an expedited process. It’s essentially a game of ‘bargain, pay or get rebuffed’.

THE JUDICIARY AND ITS NEW NORMAL

At the federal high court, Ikoyi, the administrative building is separated from the court building, I met a somewhat friendly woman who collected the letter and went to an inner officer for a few minutes. When she returned with the letter, “Mr Charles, please treat” was written on it.

Mr Charles is in charge of litigation and case files. “Go to the judge’s court and collect the judgment,” he told me when I approached him. At the court, the official on duty glanced at me fleetingly, and asked nonchalantly: “How much are you paying?”

“Nobody asked me to pay anything,” I told him.

“There is no judgment here,” he responded. I offered him N1,000 and he collected the letter. “You came from a newspaper company. You people are rich. Pay N20,000 or no judgment,” he insisted.

After pleading with him, and eventually bargaining, the middle-aged man collected N1,800 from me. As soon as I got the judgment, I headed back for Charles’ office, who, upon arrival, asked me to pay another N450 as the “court summons fee”. I obliged and went back to get the document stamped and presented my receipt.

But Charles made me understand that there was more payment to be made.

“I hope you know you are to pay N1,000,” he said. “Do you know that every single thing used for work in this office wasn’t bought by the government, or do you think it is? We have to supply them ourselves. So, you have to pay so that these things can be available.”

To buttress his point, he displayed the stamps, ink cartridges, and other items to me. I explained to him that I had spent quite some money to procure the document and as such, I wouldn’t be able to pay more money. After some bargaining, I conceded and parted with N500.

“If I tell you that I don’t have ink and you have to provide it, will that not be worse?” he added.

On my second visit to the court in Ikoyi, I met one Edwin and he directed me to Yusuf Olubodun, popularly called professor. The latter’s responsibility is to attend to applications. The court floor was littered with case files, yet Olubodun carefully and painstakingly searched for what I requested.

“I have searched for your document successfully but for me to release it, the document would cost you N20,000. You know I have been nice to you,” he said.

His colleague, Edwin, who was privy to the conversation, asked, “is she cooperating?” At that point, I knew I had to bargain. I did and eventually parted with N4,000.

After I made photocopies of the document, Olubodun and I went to see Joseph Agbo, the litigation officer who is also the principal executive officer. He signed and added the official charge to the document. Then, I made an online payment of N282. Afterwards, I went back to the cashier who rectified the payment and collected two copies of the payment receipt.

EPE HIGH COURT

You probably might be lucky as I was on March 30 when I visited Epe court, Lagos. After transiting for six hours, I arrived at the court panting and fatigued.

Unlike the previous experiences, procuring a CTC was a smooth process at Epe, and all the errors made were corrected by the registrar of Court 2. The registrar, identified as Samuel, patiently attended to me and ensured I left in due time.

Two pages of court proceedings only cost N400 while N200 was paid for a red stamp. The official process was followed to the letter.

N5,000 FOR HOSPITALITY AT IKEJA HIGH COURT

Upon arrival at the Ikeja high court, the registrar asked me to sit down, after which he collected my letter and asked an official named Seun to search for the document. Less than 10 minutes later, Seun returned with the document and then I was asked to pay N200 for the photocopy which I hurriedly did. Once the photocopy was done, I naively thought I would walk out with the document — but the registrar brought me back to reality. He told me the next step is to pay N5,000 for “hospitality”.

Lagos judicial officials
The registrar(seated) and Seun deliberating on the hospitality fee

I told him I didn’t have such an amount and I bargained for N2,000. “That’s too small for helping you retrieve the document with ease and for your information, we don’t release documents to people who are not parties to the case,” he said, despite the fact that there’s no law backing his claim.

Eventually, we agreed on N3,000, which I paid immediately to have the documents processed. The cashier was fast enough to attend to me. The document was eventually stamped after paying another N1,600 for eight pages.

LAWYERS ARE NOT SPARED

Sola, a lawyer who has been practising for three years, described his experience at the cashier’s office of the Ikeja high court.

“I came to file a particular matter and all I filed for is just N300, but I had to settle them at the cashier stand with N500. Sometimes, I end up spending more than N1,200,” he said.

“Today’s process is better. And the process depends on how many people you would have to meet or offices to do one thing or the other. However, there are several alternatives.

“You can either negotiate with the court registrar or meet any court steward who would run the errand of getting the CTC, pay officially and get it stamped or you go through the process yourself. You can be sure of spending close to N10k to N15k.”

Ubani Monday, another lawyer, said he has been extorted at all the courts, describing the judiciary as “one of the fountains of corruption”.

“It is shocking how these registrars ask for money with the confidence that nothing can be done to them. They do it mostly, especially to lawyers,” he said.

“There was a time I wanted to compile records of proceedings and they asked me to bring N5 million. Some charge 20k to 30k for proof of service. For a case to be assigned to the court, you have to pay. Only the industrial court is clean.

“At every point, there is extortion. Execution of judgment is also paid for, sometimes above N500k.

“When justice is not served but paid for, corruption leads to denial of justice.”

ANY SOLUTION IN SIGHT?

Adedamola Olaotan, a human rights activist, said extortion and collection of bribes by court officials and the long process of obtaining CTC are as old as the judicial system of Lagos state.

He said poverty, greed, poor remuneration, lack of discipline among judicial personnel and the inability to digitise the judicial system are responsible for the rot.

“Another cause of the malaise is court congestion. Due to the commercial activities in Lagos state, litigants and their lawyers become desperate and adopt various means including offering financial inducement to the court officials to give priority to their cases,” Olaotan said.

“One of the ways of eradicating the malaise is to review the wages/salaries of judicial staff and give them a reorientation that extortion and bribery are not good for the image of the judiciary. Another, most effective way is for the judiciary to adopt online filing of documents. This will reduce the contact between the litigants, lawyers with the judicial staff.

“Lagos state so far is trying in this direction by coming up with the pre-action protocols for litigation. More still needs to be done.”

Olaotan expressed hope that the system will be cleansed with the introduction of technology and increased remuneration of judicial officials.

When contacted about the issues uncovered, Grace Alo, public relations officer of the Lagos ministry of justice, said the chief registrar of the state high court was in the best position to comment.

TheCable subsequently reached out to Elias Tajudeen, the chief registrar, via a letter dated July 5, 2022, but received no response despite several visits to his office.

This is a special investigative project by Cable Newspaper Journalism Foundation (CNJF) in partnership with TheCable, supported by the MacArthur Foundation. Published materials are not views of the MacArthur Foundation.

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SUSPENSION: EBF DUMPS ODUAH, HAILS AKPATA’S REGIME

The Eastern Bar Forum (EBF) has washed his hands off the face-off between erstwhile Nigerian Bar Association (NBA) General Secretary Joyce Oduah and the National Executive Committee (NBA-NEC).

In a post now trending on social media, the EBF Governor, Chief Uba Anene stated that “The EBF is also not a football to be kicked around by anybody for some selfish personal agenda; nor should it take sides in a personal conflict which was not brought to its notice by the combatants until it had been played out on social media.”

CITY LAWYER had in an exclusive report noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for removal over alleged gross misconduct.

The EBF has been under pressure to throw its weight behind Oduah, being a ranking member of the regional bloc, moreso as it had earlier intervened in the face-off between the NBA leadership and embattled Chairman of the Body of Benchers, Chief Wole Olanipekun SAN over NBA’s demand for him to recuse himself from office.

But EBF said that “The Olumide Akpata led executive – which has a full complement of six EBF members within its ranks – has run its impactful course. With the election of its successor over, it has become a lame duck Presidency; with no more favours to dispense. It is now easy to kick it around. We must not join in that alluring act of great ingratitude.”

Below is the full text of the statement.

ON THE MISUNDERSTANDING WITHIN THE NBA NEC.

Regional fora of the NBA evolved over time until acknowledged in the 2015 NBA constitution as a vehicle for inclusiveness in the association, not division and dissension. Therefore those straining to stampede the EBF into assuming the role of an ethnic or sectional vanguard in defence or propagation of some narrow sectional interests are either misguided or mischievous. They must know that they will fail.

The EBF will always act in the overall best interest of the Bar. It will criticise or condemn or comment when necessary for the good of the legal profession.

The EBF is also not a football to be kicked around by anybody for some selfish personal agenda; nor should it take sides in a personal conflict which was not brought to its notice by the combatants until it had been played out on social media.

Dark forces have been about, trying to undermine or damage the NBA and the legal profession in the current dispensation. We must not lend our support to our own destruction by unnecessary divisive rhetoric.

The Olumide Akpata led executive – which has a full complement of six EBF members within its ranks – has run its impactful course. With the election of its successor over, it has become a lame duck Presidency; with no more favours to dispense. It is now easy to kick it around. We must not join in that alluring act of great ingratitude. We shall instead join hands with well meaning leaders and stakeholders to find an amicable resolution of the current situation. We are consulting across the board for the purpose in private, and we are hopeful that there shall be light at the end of this tunnel.

Long live the EBF!
Long live the NBA!!

Chief Uba Anene.
Chairman, EBF Governing Council.

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OGAGA’S BURIAL RITES START SEPT. 1, AKPATA VISITS FAMILY

The Nigerian Bar Association (NBA) President, Mr. Olumide Akpata today led a delegation to visit the widow and parents of Late Mr. Ogaga Emoghwanre in Benin City, Edo State.

Meanwhile, the Emoghwanre Family has fixed 1st, 2nd & 3rd September, 2022 for the funeral rites of the late Bar-man. 

In the president’s delegation was his wife, Mrs. Osayamon Akpata; the Acting NBA General Secretary, Uchenna Nwadialo; Chairman, NBA TCCP, Mr. Tobenna Erojikwe; Prince Asamah Kadiri, SAN; Ifueko Alufohai, Permanent Secretary in Edo State Government; Mr. Tolu Aderemi, Partner at Perchstone Graeys; Mr. Aderemi Oguntoye, Partner at Oguntoye & Oguntoye; Oludayo Olorunfemi, Secretary of Ekiti State Mortgage Board; members of the NBA Benin Branch, and several members of the Office of the NBA president.

Condoling the family, Akpata reassured them that Ogaga lived a life of meaning and impact. Said Akpata: “He impacted everyone he came across, hence the number of people who are with me on this visit. Ogaga was a brother indeed who will be greatly missed by all.”

Promising not to abandon the family, the NBA President pledged his support. “We will not leave you,” he said.

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EXCLUSIVE: NBA EXCO SUSPENDS GENERAL SECRETARY

The General Secretary of the Nigerian Bar Association (NBA), Joyce Oduah has been suspended “with immediate effect” by the National Executive Committee (NBA-NEC), CITY LAWYER can authoritatively report. 

A ranking member who attended the NBA-NEC meeting told CITY LAWYER that the National Officers unanimously resolved to suspend Oduah and appoint Ms. Uche Nwadialo as Acting General Secretary. 

CITY LAWYER gathered that NBA President, Mr. Olumide Akpata recused himself from the meeting while Oduah validated all the statements credited to her by the social media. She subsequently exited the virtual meeting held this morning by the NBA-NEC. 

The source told CITY LAWYER that that the decision was based on Section 9(6)d) of the NBA Constitution which empowers the NBA-NEC to act in matters of emergency, subject to ratification of the NBA National Executive Council.

According to the source, the NBA-NEC reasoned that it would be inappropriate for Oduah to continue in her position, especially as preparations for the NBA AGM and NEC Meetings are in top gear, “and moreso as these are transtion NEC and AGM Meetings.”

CITY LAWYER gathered that a formal statement on the NBA-NEC decision will follow shortly. 

CITY LAWYER had reported that there were plans by NBA-NEC to impeach Oduah.

More details soon.

NBA CRISIS: EMERGENCY MEETING ENTERS DAY 2, ODUAH FIGHTS BACK

The Emergency Meeting of the National Executive Committee of the Nigerian Bar Association (NBA-NEC) has entered its second day today as the National Officers deliberate on the crisis rocking the NBA leadership.

The meeting which started today on the heels of differing notices on the forthcoming NBA Annual General Meeting, will continue at 9 pm today, CITY LAWYER reliably gathered.

Meanwhile, the embattled General Secretary Joyce Oduah has issued a statement saying that she only included in the AGM notice items that met the constitutional deadline.

In a statement made available to CITY LAWYER and titled “SETTING THE RECORD STRAIGHT,” Oduah said that “the office of the General Secretary received a Notice of Proposed Amendment on the 14th day of June, signed by the Chairmen of the Branches for the amendment of Section 23 (8) of the NBA Constitution to read “Twenty percent of the BPF paid by members of each Branch shall be remitted to the Branch in the month of April and December of each year.””

Below is the full text of the statement.

SETTING THE RECORD STRAIGHT

Dear Learned Silks, Benchers and Distinguished colleagues,

Ordinarily, I would not have responded to the Disclaimer issued by the President on the 13th of August, 2022, but I am constrained to do so. It is important that I set the record straight as I have received numerous calls from concerned members asking me to state my side of the story. Let me begin by saying that my loyalty goes to the generality of the members of our great profession; and so, in carrying out my responsibilities as the General Secretary [GS] of the Association, I will uphold, dispatch my responsibilities by working within the ambit of the NBA Constitutional provisions whilst respectfully carrying out legal directives and instructions from the National Executive Council [NEC] and the President.

1. As the President stated in paragraph 1 of the Notice, the NBA National Executive Council (NBA-NEC) at the last meeting held in Ilorin on the 9th of June, 2022 resolved that some amendments be made to the NBA Constitution. These amendments include the ‘Increment of the amount from the Bar Practicing remitted to the Branches from 10% to 20%, and other non-contentious issues.’ The Constitution Review Committee and other interested persons could, thus propose amendments to the constitution in line with the conditions stipulated in the NBA Constitution 2015 (as amended in 2021).

2. The condition for amendment of the constitution is stated in Section 25 (1) of the NBA Constitution, thus: “The constitution shall not be amended or repealed or re-enacted except at the Annual General Meeting of the Association and two-third of the branches of the Association are represented and provided further that at least sixty (60) days’ notice of the proposed amendment shall have been given to the General Secretary who shall have circulated same to delegates at least thirty (30) days before the proposed amendment is tabled for discussion at the Annual General Meeting.”.

3. In line with the above provision, the office of the General Secretary received a Notice of Proposed Amendment on the 14th day of June, signed by the Chairmen of the Branches for the amendment of Section 23 (8) of the NBA Constitution to read “Twenty percent of the BPF paid by members of each Branch shall be remitted to the Branch in the month of April and December of each year.” The said letter which complies with Section 25 of the constitution is attached herewith.

4. The Constitution Review Committee was also to send in their proposed amendments but it was not forthcoming. In the National Executive Committee (Exco) meeting held on the 30th day of June, 2022, I informed the President and Excos that the Constitution Review Committee was out of the constitutionally stipulated time to forward the said amendment. Prior to this time, I had called the Chairman of the Committee on several occasions to send in the Committees proposed amendment as they were almost out of time. I had also called the President to persuade the committee to send in their report in time but to no avail. The Notice of the proposed amendment was eventually sent by the Constitution Review Committee to the office of the General Secretary on the 26th of July 2022 via email – 30 days behind the stipulated time required by the constitution. Receipt of the email is attached.

5. The President instructed that a Notice of proposed Constitutional Amendment be sent to members for the AGM, and it was in compliance with his directive and observance of the rule of law which guides the Nigerian Bar Association that I sent out the said Notice on the 27th of July 2022 containing only the proposal by the Branch Chairmen which met the requirement of Section 25 (1) of the Constitution.

6. When this matter was brought up at the National Executive Committee (Exco) meeting on the same day, I informed the meeting that the amendment by the Constitution Review Committee was omitted because of their non-compliance with section 25(1) of the Constitution.

The President and excos canvassed that we could conveniently bypass the requirement of the constitution, but I informed them that the requirement of Notice was not a mere procedural matter but a substantive issue which could not be sidestepped without meaningful consequences. The President and other excos resorted to using several tactics to bully me into conforming with their position to overlook the Constitutional requirement. I informed them that I swore to uphold the Constitution of the NBA and that I will do.

7. The President indicated that it was irrelevant whether I amended the notice or not as he had the power to request any member of the Exco to perform any duties including that of the General Secretary. To my surprise, the next day, 28th of July, 2022, the Assistant Secretary sent out a second notice of proposed amendment to the constitution and attached the proposal sent by the Constitution Review Committee that did not meet the 60 days requirement of Section 25 (1). This was a failed attempt to usurp the constitutional duties of the office of the General Secretary and countermand the notice issued by the office of the General Secretary the previous day; which was infact resisted by the good members of the Association.

8. On the 29th of July, the president and exco members left the executive group chat because of my insistence on upholding the rule of law. Since then, I have received no notice or information of Exco meetings. On arriving at my office on the 13th of August, 2022, I discovered that the President had transferred my secretary who had worked with me for 2 years without consulting, informing or giving me reasons. This action by the President to move my personal Secretary, at a critical time of preparing documentation for the Pre-Conference NEC and AGM demonstrates his well-established unilateral control and command leadership style. Also, I was informed that the members of staff of the Secretariat had been directed by the President not to take instruction from my office but directly from him – a Secretariat which the General Secretary is in charge of. This action by the President clearly denigrates my person and office, making it impossible to be accountable to members of the Association, National Executive Council and AGM.

9. On the 10th of August, 2022, on getting to the office of the Head, Admin and Finance Department, I saw the Treasurer recommending memos for the Annual General Conference to the President. This is usually a responsibility reserved for the office of the General Secretary who is the second signatory to the account, and customarily the officer to vet and recommend memos to the president for his approval – a fact which was affirmed by the President in the last Annual General Meeting of 2021. This is a duty which I have carried out since the inception of the administration to ensure that the monies of the Association are judiciously utilized. I believe, all these were done by the President in a bid to intimidate me and to undermine my office.

10. I received letters from some members of our Association asking for the notices to be withdrawn or we face court action. These letters were forwarded to the President by me, but he did not respond. I made several calls to the President to enable us discuss the way forward or to call for an emergency meeting to discuss the issues raised in the letters, but he neither picked nor returned any of the calls. I also sent the Pre-Conference NEC Notice to him, but he failed to acknowledge same, and I had no choice but to send it to members because we were running out of time.

11. On the 11th of August, 2022, I went to see the President in his office and to my astonishment his secretary informed me that the President had given instruction that she should not let me in whenever I come to see him. When I found my way into his office, I saw and heard a vicious president screaming at the top of his voice that I should leave his office. I had no choice than to leave his office without being able to discuss the threat of a law suit and other issues.

12. It was imperative that I withdrew the notices to save the NBA any negative publicity and preventable litigation cost from any potential lawsuits. I sent the Notice of withdrawal to the IT Support staff to disseminate to members, and he neglected/ failed to do so despite several calls and chats to him. This uncharacteristic behaviour of the IT staff is, I believe, based on the instruction of the President to the members of staff. Hence, my sending the withdrawal notice through my private email and at my cost.

13. For the avoidance of doubt;
a. I am unaware of any meeting where it was decided that the two notices; one issued by the General Secretary on the 27th of July, 2022 and the other issued by the Assistant Secretary on the 28th of July, 2022 would be presented to the Annual General Meeting for a resolution of which should be discussed at the meeting.

b. I have nothing against the proposed amendments by the Constitution Review Committee. However, my stance as I told the President and other members of Exco is that the Proposed Amendment did not meet the sixty (60) days requirement of the Constitution.

I will always stand for the truth and the best interest of the Association even if it means standing alone. I am not a political appointee; I contested for the office of the General Secretary and won by your votes and God’s mercies. The duties of my office are well defined, and I will uphold the provisions of the Constitution which I swore to uphold.

Thank you.

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GADZAMA TO AKPATA: ‘I WON’T FILE PETITION AGAINST MAIKYAU UNTIL ….’

The last has not been heard about the recent Nigerian Bar Association (NBA) Elections as erstwhile presidential candidate, Chief Joe-Kyari Gadzama SAN has vowed not to file any petition at the reconstituted NBA National Election Appeal Committee (NBA-NEAC) unless the reconstitution is ratified by NBA National Executive Council.

In a letter dated August 11, 2022 and made available to CITY LAWYER, Gadzama’s Campaign Organisation demanded “That the instant reconstitution of the NBA-NEAC be ratified by the NBA-NEC in accordance with S.14 (3)(i) of the NBA Constitution, as a condition-precedent to assuming office and duly executing its functions within the mandate of the NBA Constitution.”

Signed by Chief Chukwudi Oli, Director-General of Joe-Kyari Gadzama Campaign Team, and copied to the Chairman and Members of NBA-NEAC, Gadzama also asked “That an independent forensic audit of the NBA National elections of July 16, 2022, including but not limited to election logs, be mandated and conducted forthwith particularly that of the presidential election.”

The Campaign Organisation also decried the “levity visited upon the petition dated 6th May, 2022 (“the Petition”) hereto attached as “Annexure 3”, addressed to the ECNBA by Mr. Tochukwu E. Ohazuruike,” saying it “is a cause for grave concern.”

According to the Organisation, “The Petition was not considered on its merit and this leaves much to be desired. Of substance, the Petition was hinged on the ground that one of the NBA presidential candidates, Mr. Yakubu Chonoko Maikyau, SAN is not constitutionally qualified to contest for the office of President in the 2022 NBA National Officers’ election due to his failure to meet the eligibility criteria of not less than two years membership of NEC at the time of nomination, mandatorily required under section 9(3)(c)(i) of the Constitution and page 1 of the ECNBA’s Preliminary Notice of Election dated 17th day of March, 2022. The Petition also made copious references to verifiable minutes of NEC meetings and signed attendance lists within the period of 2018 to 2020, confirming that Mr. Maikyau, SAN was absent for three consecutive meetings by virtue of which he automatically lost NEC membership at the time under reference pursuant to section 8(8) of the Constitution. And that such period of Mr. Maikyau’s non-membership of NEC cannot be reckoned with for purposes of computation of time as NEC member for his nomination, qualification and participation in the 2022 NBA National Officers’ election, held on the 16th day of July, 2022.

“The Petition also averred that assuming that Mr. Maikyau had not absented from three consecutive meetings under the Mr. Olumide Akpata led NBA dispensation, Mr. Maikyau, SAN has still not and could not have met the NEC eligibility criteria of not less than two years between the timeframe of August, 2020 to the 15th April, 2022 deadline for nomination of candidates which is barely 20 months and thus less than the requisite two years. Thus, the NEC membership of Mr. Maikyau, SAN under the Olumide Akpata led NBA does not also meet the minimum two years’ requirement of NEC membership as stipulated in the Constitution.

“The issues raised in the said Petition, prima facie, are plausible grounds for disqualification and their veracity should have been explored and not waived aside on the basis of technicality. This is more so considering that the response given by Mr. Y.C. Maikyau, SAN (Annexure 4 attached hereto) is a confirmation/admission that, indeed, he was absent from three consecutive NBA-NEC meetings.

“Furthermore, having due regard to paragraph 2.2(d) of the second schedule to the NBA Constitution, an aspirant to the Office of the Presidency of the NBA has to be from a section/geo-political zone in the geographical zone where the Presidency is zoned, in this case the North for 2022 NBA election, in compliance with the constitutional rotation requirement. Owing to the fact that previous Presidents of the NBA have emerged from the North West and North Central geopolitical zones of the Northern Zone in times past, the import of section 9(3) of the Constitution and paragraph 2.2(d) of the second schedule of the Constitution on the 2022 NBA general election is that it is only the North Eastern geographical zone in the North that is yet to produce the NBA President, and therefore only candidates from the North East are eligible to contest the 2022 NBA Presidential election in view of the rotational principle enshrined in paragraph 2.2(d) of the second schedule to the Constitution. This line of thinking represents the clear and mandatory provision of the Constitution.”

The Campaign Organisation stated that “There is therefore a clear testimony of the incompleteness of the electoral process, which makes it unfair, unfree, non-transparent and non-credible.”

It stated that “While it presently seems that the legal profession in Nigeria is sitting gingerly on a ticking time-bomb, may I ultimately reiterate that the leadership of the Bar has an all-important statutory, legal, professional and moral duty to ensure the protection, promotion and defence of the unity, indivisibility and indissolubility of the Bar in Nigeria which has been glaringly bedevilled by too many a crisis in recent times.”

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CRISIS ROCKS NBA, AS AKPATA DISOWNS GENERAL SECRETARY

The muted crisis that has been rocking the leadership of the Nigerian Bar Association (NBA) peaked in the last 12 hours with NBA President, Mr. Olumide Akpata issuing a disclaimer on a “withdrawal notice” issued by the NBA General Secretary, Mrs. Joyce Oduah.

Oduah had in an email obtained by CITY LAWYER and sent early today from her unofficial email address (joyceoduah.yahoo.com@mail.mailchimpapp.com) but on NBA letterheaded paper, urged NBA members to disregard early notices sent by her and the Assistant General Secretary Uche Nwadialo. The email was titled “Withdrawal of Notice of Proposed Amendment, Notice of AGM & Minutes of AGM of Oct, 2021.”

In their stead, she intimated members of a “Revised Notice of Annual General Meeting” and also attached “Minutes of the Annual General Meeting held on the 28th of October, 2021 in preparation for the Annual General Meeting of 25th August, 2021 in Lagos.”

But within about five hours of the release of the email to NBA members, Akpata fired another email which he personally signed and titled “RE: Disclaimer of Notice of Withdrawal of Proposed Constitutional Amendments (NBA AGM 2022).”

In the email, he urged NBA members “to disregard the withdrawal and amendment notices that you might have received at midnight today and treat the separate notices circulated by both Mrs. Oduah and the Assistant General Secretary on 27th of July 2022 as subsisting pending a decision by the AGM.”

Over the last two weeks, there have been some developments within the NBA National Secretariat which I had hoped would not need to be escalated to you, but I am compelled to send this disclaimer in respect of an email that you might have received at midnight today from the private yahoo address of the NBA General Secretary, Mrs. Joyce Oduah. In that email, Mrs. Oduah advised you and other members of our Association that the notices of the Annual General Meeting (AGM) issued on 27th July 2022 have been withdrawn, and that those notices have been substituted with a new notice that does not include any constitutional amendment as a line item for discussion at the AGM.

I am writing to disclaim that withdrawal as unauthorised by me or any of the National Officers, and to request that you regard the two notices circulated on 27th July 2022 by (i) firstly, Mrs. Oduah; and (ii) secondly, by the Assistant General Secretary as subsisting. The reasons for this request are as follows:

1. The NBA National Executive Council (NBA-NEC) had at its last meeting in Ilorin Kwara State on 9th June 2022 resolved that some amendments be made to the NBA Constitution. On that basis, the NBA Constitution Drafting Committee under the leadership of Asamah Kadiri, SAN proposed certain amendments for consideration by National Officers and subsequent circulation to all our members for consideration at the forthcoming AGM.

2. The National Officers duly considered the said amendments proposed by the Constitution Drafting Committee and we all resolved that the proposed amendments are in the best interest of the Association, and approved that they be shared with our members alongside the Notice of the AGM where the amendments will be deliberated upon.

3. For clarity, most of the proposed amendments are aimed at institutionalising some of the initiatives of the current administration and ensuring inter-alia that (i) the NBA Stabilisation Fund is properly ringfenced and protected from the risk of easy dissipation in the future by any President or National Officer as those funds have been earmarked for key welfare and developmental programmes; (ii) the amount of Bar Practicing Fees that we remit to the branches for their programmes is increased from 10% to 20% as authorised by a longstanding resolution of NBA NEC; (iii) any member of the Association who has held elective office as a National Officer for two (2) terms is barred from contesting for a national office for at least ten (10) years after his/her last term of office; and (iv) government interference in affairs of the NBA is constitutionally limited.

Admittedly, some of the amendments proposed by the Constitution Drafting Committee may not be acceptable to all, albeit the view of the National Officers (except Mrs. Oduah) is that the decision as to whether or not such provisions can stand is purely that of the AGM while voting on the proposed amendments.

4. Unfortunately, and for reasons that are not exactly clear, in spite of the approval of the proposed amendments by 10 of the 11 National Officers, Mrs. Oduah not only delayed in issuing the required Notice until the eve of the cut-off date, but also refused to issue a Notice of the AGM that contained all the proposed amendments. When the Notice was eventually issued, it had been unilaterally altered by Mrs. Oduah to exclude most of the proposed amendments highlighted in paragraph 3 above. It was on this basis that all National Officers (except Mrs. Oduah) authorised the Assistant General Secretary (Ms. Uche Nwadialo) to issue a second notice of AGM that contains all the proposed constitutional amendments.

5. Considering that two separate and apparently conflicting notices had been issued, the National Officers agreed that the contents of the notices and the fact of their conflict will be presented to the AGM (as the highest decision-making body of the NBA) for a resolution on which, if any, of the notices should be discussed at the meeting. In essence, the conflict between the two notices was to be resolved by the AGM.

6. It was during this interval, that the withdrawal notice which you most likely received a couple of hours ago was unilaterally sent by Mrs. Oduah. To be sure, no meeting or other deliberations were held, and no authorisation was given for any of the previously issued notices to be withdrawn or amended as Mrs. Oduah purported to do in her most recent email.

It is on the basis of the foregoing that I invite you to disregard the withdrawal and amendment notices that you might have received at midnight today and treat the separate notices circulated by both Mrs. Oduah and the Assistant General Secretary on 27th of July 2022 as subsisting pending a decision by the AGM.

It is regrettable that we have had to bring this matter to your attention, but it is important to set the records straight and to provide clarity on a subject which, I am sure, has left you and others befuddled over the last two weeks.

The crisis is reminiscent of the one that rocked the immediate past NBA administration in the twilight of its tenure.

CITY LAWYER recalls that there have been controversy on the disparate AGM Notices issued by both NBA General Secretary and the Assistant General Secretary, leading some lawyers to issue petitions on the matter.

It remains to be seen how the issue will be resolved at the forthcoming Annual General Meeting in Lagos.

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‘NBA CAN’T REMOVE OLANIPEKUN AS BENCHERS’ CHAIR,’ SAYS OJO

Former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee has stated that the NBA has no power to remove any member of the Body of Benchers (BoB) including its embattled Chairman, Chief Wole Olanipekun SAN.

In a statement made available to CITY LAWYER, the fiery Bar Leader said that “The NBA has no power to remove any member of the Body of Benchers (including those nominated by the NBA) under any guise,” adding that “The manipulators of the NBA cannot stoke rebellion within or decimate the Body of Benchers by attacking its Chairman.”

CITY LAWYER recalls that NBA President, Mr. Olumide Akpata had in a letter to the Olanipekun, asked him to recuse himself from the seat pending investigation of a Partner in his law firm over alleged professional misconduct.

Ojo stated the Legal Practitioners Disciplinary Committee “has been existing under the Body of Benchers from time immemorial,” adding that its procedure “is not the true reason for the current truancy.”

Taking a swipe at the “Nigerian Bar Association (NBA) cubicle politicians” for “plan to hijack and destroy the legal profession in Nigeria,” Ojo alleged that NBA Treasurer Mercy Agada “exposed their plan to stoke rebellion among Body of BENCHER (sic)” and to employ the NBA in “scattering the table.”

According to Ojo, Agada referred to “we” several times and threatened that “NBA AGC will witness daily protest.” CITY LAWYER recalls that Agada had debunked the allegation.

Said Ojo: “It is very unfortunate that the hirelings are blinded by their inordinate greed. Destruction is in their DNA hence nothing is sacred to them. They are bent on further desecrating the Legal Profession in Nigeria more than they have done already. The conversion of the NBA to their platform to wage war against leaders of the Bar in Nigeria is most unfortunate and conclusive proof that the NBA is being used by the destructive clique as a front to further their mission to decimate the Bar in Nigeria. The veil is already removed and the face of NBA political masquerades and their supporters are being further exposed.”

The full text of the statement is below.

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ACCESS TO JUSTICE AND LOCUS STANDI IN ENVIRONMENTAL CASES

BY JESSE NWAENYO

Environmental democracy involves a tripartite reinforcing right that, while independently important, operate best in combination: the ability for people to freely access information on environmental quality and problems, to participate meaningfully in decision-making, and to seek enforcement of environmental laws or compensation for damages . This article seeks to explain the concept of environmental democracy and the importance thereof in preserving the environment and its components.

INTRODUCTION

The protection of our environment started in pre-colonial era when Africans protected their environment through observation of culture, norms and customs. The second phase was the period of the imperialist, when common law and English statutes were introduced to curb or prevent pollution of our environment. The emergence of the third era was marked by the toxic waste dumped in koko, a riverine town in Delta State (formerly Bendel State) in 1988, Nigeria for the first time got hints of the Harmful Toxic Waste Cargo from some Nigerian students studying in Italy through letters they sent to some media houses alerting them that the lethal cages carrying wastes rejected in Europe were being consigned to Nigeria under false inscriptions. The rest of this incident is now history, but it opened the eyes of Nigerians and the government on the need to put environmental law enforcement in proper shape. This third era marked Nigeria’s seriousness towards protecting her surroundings.

Environmental democracy is about government being transparent, accountable, and involving people in decisions that affect their environment.

Participation is central to the notion of environmental democracy. Public participation is necessary for the existence of a democratic society. It serves an educative function by teaching citizens to understand the difference between individual desire and common interest and equipping them with the knowledge and confidence needed to engage in participatory activities. In this sense, participation cultivates the very qualities necessary for it; the more individuals participate the better able they become to do so.

Worthy to note that humans are part of the society as well as other living creatures, which include plants and animals, this belief, is held by proponents of environmental ethics. Environmental ethics is a branch of ethics that studies the relation of human beings and the environment and how ethics play a role in this . In this regard, the bio-centric environmental philosophers consider all living things to have the same worth.

WHAT IS AN ENVIRONMENT
Environment can be defined from a lay man perspective and equally from a broader view. The concept is very technical in scope and application. Bearing this in mind, it is not easy to arrive at a universal and generally accepted definition of the concept. Various scholars have made attempt to define the concept in different ways.

The word Environment is derived from the French word ‘Environner’ which means to ‘encircle or surround’. The first recorded usage of the word was by Thomas Carlyle in 1827 and in 1956.

Generally, it is defined as our surroundings especially material and spiritual influences which affect the growth, development and existence of living being. The United Nation Stockholm Conference on Human Development asserts ‘man is both creature and moulders’ of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth.

The National Environmental Standard and Regulation Enforcement Act defines ‘environment’ in the following perspectives; ‘Environment’ include water, air, land, animals living therein and in relationship exist among these or any of them .

The Constitution of the Federal Republic of Nigeria (1999) defines environment as:
(a) The water
(b) Forest and wildlife
(c) All layers of the atmosphere
(d) All organic and in-organic matter and living organisms, and
(e) The interacting nature system that includes the component referred to in paragraph (a) – (d).

Environmental law therefore covers the whole universe including not only human beings but also plants, animals, forest shrubs, refuse, bacteria and insects.

WHAT IS DEMOCRACY

Democracy is derived from the Greek word demokratia, meaning “rule by the people.” It’s made up of two roots demos, meaning “the people,” and kratos, meaning ‘power.”

One belief that is foundational to democracy is the term isonomia, meaning “equality before the law.”

The term democracy in the practical sense implies a social partnership between the people and the government; the right of expression and recognition of the views of the people before the implementation of any government policy. In essence, the voice of the people is supreme in a democratic setting; consequently, the welfare of the people should be the supreme law: salus populi suprema lex esto.

ENVIRONMENTAL DEMOCRACY

Environmental democracy is the participation of citizens in planning processes with environmental effects and aims at mutual commitment by citizens and public authorities to change their behaviors in order to improve sustainable development.

At its core, environmental democracy involves three mutually reinforcing rights that, while independently important, operate best in combination: the ability for people to freely access information on environmental quality and problems, to participate meaningfully in decision-making, and to seek enforcement of environmental laws or compensation for damages.

Far too often, the public is not meaningfully engaged in decisions that could affect their health, livelihoods, and culture. These three key components – access to information, participation and justice – also known as “access rights” are reflected in Principle 10 of the Rio Declaration on Environment and Development. They are at the heart of environmental democracy, embodying the procedural dimensions of the right to a healthy environment.

WHAT DOES ENVIRONMENTAL DEMOCRACY LOOK LIKE?

Several years ago, developers proposed a five-dam project on the Baker and Pascua Rivers in Patagonia, Chile. While they projected that the hydropower would produce 2,750 megawatts of power, the project would also flood 23 square miles of wilderness, jeopardizing the environment, local culture, and tourism of the region.

Citizens opposed the project, arguing that Chile’s energy needs could be met through less damaging projects, such as energy efficiency and renewable energy. Sometime in June 2014—after eight years of campaigning by the Patagonia Defense Council, a coalition of more than 70 domestic and international organizations and individuals—Chile’s Environment Minister, Pablo Badenier, revoked the permit. The advocacy of this coalition, which includes Access Initiative member FIMA, was credited by International Rivers as “perhaps the most important reason” for the reversal.

The success of this campaign is a powerful example of the importance of public participation in land-use decisions. Civil society raised concern over the impacts of the proposed dams on livelihoods and the environment, which ultimately created political opposition. However, far too often the public is not meaningfully engaged in these decisions. This is often due to weak laws that limit the public’s access to information, do not provide adequate public voice in decision-making, or provide no access to justice when environmental harms are committed. These issues are at the heart of environmental democracy—a key component in preserving the health of communities and the regions they call home.

WHY IS ENVIRONMENTAL DEMOCRACY IMPORTANT?

Environmental democracy is rooted in the idea that meaningful participation by the public is critical to ensuring that land and natural resource decisions adequately and equitably address citizens’ interests. Rather than setting a standard for what determines a good outcome, environmental democracy sets a standard for how decisions should be made.

UNDERSTANDING THE THREE FUNDAMENTAL RIGHTS: INFORMATION, PARTICIPATION AND JUSTICE

ACCESS TO INFORMATION

When well-designed and implemented, access-to-information laws require that governments and companies make information such as environmental impact assessments, development project plans, and pollution discharges freely available to the public. By being informed, the public can participate more effectively in decision-making and hold companies and governments accountable for actions that are not in accordance with the law. Information should not only be available, but accessible to the public through formats they can readily use—taking into account literacy, language, readability, use of technology, and more.

Making environmental information open and freely accessible can often be the foundation for change. The United States, for example, developed the first ever Pollutant Release Inventory (PRTR), called the Toxics Release Inventory, in 1986 following several environmental disasters including a chemical release from the Union Carbine plant in West Virginia in 1985. The TRI requires that certain industrial facilities annually submit data on the quantity of toxic chemicals they release. Since 1986, at least 50 countries have developed PRTRs or implemented pilot programs. While the US TRI certainly still has room for improvement, compelling companies to make this data public has helped reduced the incidence of toxic releases in the country.

PUBLIC PARTICIPATION

Public participation laws improve information flow between communities and government or private sector decision-makers. This exchange can help avoid unintended consequences, increase support for a decision, and lead to a more equitable distribution of costs and benefits. The public should be informed early in the decision-making process about opportunities to participate, such as through town hall meetings or community workshops. They also need to be provided with any information necessary to meaningfully engage—such as environmental impact assessments—and should be able to participate without incurring burdensome costs, such as traveling to a capital city. Participation is less meaningful when the public is merely informed of an upcoming decision and left with no opportunity to influence it.

One of the better-known public participation processes for the environment is through Environmental Impact Assessments (EIA), which in many countries require public consultations before the development of projects that will have environmental impacts. However, these consultations can vary widely in quality. When the public is given ample notice along with the necessary information to understand and participate meaningfully, these assessments can be effective ways to safeguard against environmental harms or to ensure that adequate compensation. On the other hand, public consultations that serve only to inform of a decision that has already been made undermine public trust, reduce legitimacy and stifle the flow of important information.

ACCESS TO JUSTICE

When members of the public do lack access to information and participation, they should be able to exercise a right to seek justice—such as compensation or appealing a project. These accountability mechanisms should be independent and impartial, and ideally able to issue binding, enforceable decisions.

Environmental tribunals such as India’s National Green Tribunal (NGT) are good examples of mechanisms that provide access to justice. The NGT was established in 2010 in recognition of the large number of court cases involving environmental disputes. The tribunal has jurisdiction over all civil cases involving “substantial question[s] relating to [the] environment,” and is mandated to attempt to conclude a case within six months of the filing date. Between May 2011 and March 2014, the Tribunal has adjudicated 393 cases.

LOCUS STANDI IN ENVIRONMENTAL CASES IN NIGERIA

The concept of locus standi is a development of case law. Essentially, it has been held to mean “standing to sue.” It is the legal capacity to institute or commence an action in a competent court of law or tribunal without let or hindrance from any person or body whatsoever. The applicant must show sufficient interest in the subject matter of the suit, which interest would be affected by the action or the damage or injury he would suffer as a result of the action.

In the case Adesanya v. President of the Federal Republic of Nigeria it was held per Fatayi-Williams, CJN that:
“…the law is now well settled that the plaintiff will have locus standi in the matter only if he has a special legal right or alternatively, if he has a special interest in the performance of the duty sought to be enforced, or where his interest is adversely affected. What constitutes a legal right, sufficient or special interest, or interest adversely affected, will of course, depend on the facts of each case.”

In the past, the Court adopted a restrictive approach to the issue of locus standi. However, in recent times, the attitude of the Court to locus standi in respect of Environmental matters has changed from a restrictive and technical approach to a liberal view.

In the case of the Registered Trustees of the Socio-economic Rights & Accountability Project Law Report (SERAPLR) & 10 Ors. v. The Federal Republic of Nigeria, the Community Court of Justice (Abuja Division) in deciding whether non-governmental organizations can file complaint on human rights issues on behalf of vulnerable individuals and impoverished communities held that:
“With the same purpose to ease access to Justice on Human Rights issues by most vulnerable individuals and by impoverished communities, which most of the time, do not have means to lodge a complaint by themselves, in particular when the opposite party is a very powerful entity, the ECOWAS Court of justice has reiterated in many instances that, in case of serious human rights violation, a Non-Governmental Organization may enjoy standing to file a complaint on their behalf or to join them in the same complaint, even if the applicant has not been directly affected by the violations it is complaining of.” Per Ramos, J. [P.98] lines 15-30.

In the salutary case of Center for Oil Pollution Watch v. Nigerian National Petroleum Corporation , the Supreme Court robustly held, inter alia, that:
‘The time has come for the Supreme Court to relax the application of the rule of locus standi in cases founded on public interest litigation especially in environmental issues. No particular persons own the environment. It is the duty of all and where government agencies desecrate such environments and other relevant government agencies failed, refuse and/or neglect to take necessary steps to enforce compliance, non-governmental organizations, which do not necessarily seek their personal interest, can bring an action in court to demand compliance and ensure the restoration, remediation and protection of the environment. It is in the interest of the public including the government in general.”

The Supreme Court brilliantly noted that it would be a grave lacuna in the system of public law if a pressure group or even a single public-spirited tax-payer were prevented by outdated technical rules of locus standi from bringing a matter to the attention of the Court to vindicate the rule of law and get an unlawful conduct stopped. The Supreme Court believe that this liberal approach will further promote public interest litigation which is an action usually brought for the benefit of a group or class of persons who have suffered a general wrong or about to so suffer as a result of the activities of other persons or corporate institutions . Suffice it to say that this judgment recognized one of the elementary features of public interest litigation which is that the victims are often groups or persons who would not ordinarily be in a position to approach the Court on their own due to impecuniosity or lack of awareness of their rights.

CONCLUSION

Environmental democracy is about government being transparent, accountable, and involving people in decisions that affect their environment.

The new term ‘environmental democracy’, now taking hold, reflects increasing recognition that environmental issues must be addressed by all those affected by their outcome, not just by governments and industrial sectors. It captures the principle of equal rights for all those in the environment debate – including the public, community groups, advocates, industrial leaders, workers, governments, academics and health care professionals. For those whose daily lives reflect the quality of their environment, participation in environmental decision-making is as important as in education, health care, finance and government.

Participation is central to the notion of environmental democracy, which privileges collective decision-making among citizens above decisions based solely on administrative, professional, or scientific expertise.

Environmental democracy is also referred to as environmental justice. Environmental justice offers researchers new insights into the juncture of social inequality and public health and provides a framework for policy discussions on the impact of discrimination on the environmental health of diverse communities. The goal of environmental justice is to provide an environment where all people enjoy the same degree of protection from environmental and health hazards and equal access to the decision-making process to maintain a healthy environment in which to live, learn, and work.

RECOMMEDATION

It is recommended that special tribunals be set up in Nigeria to handle environmental infringements and that the government should be frank about implementation of policies that will protect the environment.

When these tribunals are set up, they should have special Rules and Procedures that, inter alia, ascribes a time frame for the hearing and determination of cases instituted in the Tribunal just like the Election Petition Tribunal.

It is also recommended that massive awareness and education on environmental issues and rights should be initiated from the grassroot. Some of the ways awareness can be created by relevant bodies in environmental campaigns is to engage social media platforms, setting up clubs/groups in secondary schools to discuss environmental issues, organizing seminars, workshops and conferences to discuss environmental issues in Nigeria, partnering with the traditional rulers to establish a program for environmental education, engaging in periodic public walk like “Green March” and so on.

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ELECTIONS: UBANI URGES AFRICAN COUNTRIES TO DEPLOY TECHNOLOGY

The Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Monday Ubani has urged African countries to deploy technology in order to enable the populace to elect quality leaders that will turn around its fortunes.

Ubani spoke while presenting a paper as a Panelist at the ongoing African Bar Association (AfBA) Conference in Lilongwe, Malawi.

The session, which was chaired by Dr. Samson Osagie, former Minority Whip in Nigeria’s House of Representatives, had its theme as “Good Governance: Firming up the pillars of Good Governance in Africa – Building strong institutions as a critical factor.”

The NBA-SPIDEL helmsman stated that for the African continent to throw up the kind of leadership that will resolve its myriad of challenges, “the electoral system must be re-engineered and sanitized through reduction of human interference in the process. What that means is that technology should replace the human interface in certain critical areas of our electoral system.”

He gave example of Nigeria’s new Electoral Act 2022 which identified accreditation and collation as areas where destructive disruption occurs, saying that “The new Act has deployed technology in those critical areas and the consequence is that Bimodal Voters Accreditation System (BVAS) and transmission of results from the polling units to INEC server are now part of the substantive law and Electoral Guidelines in the country.”

Ubani pointed out that Nigeria has utilized the new Electoral Act in two recent elections at the State level “with positive effect,” adding that “It is almost a hundred per cent reflection of the mandate of the majority in favour of those who were elected.”

He observed that the new Act “has rekindled peoples’ interest in the electoral process and eliminated voter apathy that has been the bane Nigeria’s democratic experience,” noting that deployment of technology in the electoral systems in Ghana, Nigeria, Kenya, Malawi and Kenya “has led to opposition parties securing victory at the polls, a practice that was hitherto a taboo on the continent.”

The top Bar Leader urged African countries to sustain full deployment of technology in all aspects of the electoral process including registration, accreditation, voting, collation and announcement of results, adding that the teething problems associated with such deployment “will be overcome through effective governance.”

According to the leading human rights lawyer, “The African continent has every reason to push for the deployment of technology in the electoral process for therein lies our salvation for the enthronement of the kind of leadership that Africa requires to drive the continent to development and progress.

“It is my extrapolation and I hope we all shall buy into this, and go back home with this idea that our policy makers, lawmakers, and the executives must agree to the wholesome application of technology in our electoral process.”

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‘OGAGA GAVE HIS ALL TO THE BAR,’ SAYS NBA

The Nigerian Bar Association (NBA) has mourned the death of the Secretary of its Welfare Committee, Mr. Ogaga Emoghwanre who died yesterday in Warri, Delta State.

In a statement made available to CITY LAWYER, the association described the deceased as “an amiable fellow and a consummate Bar man who gave his all to the Bar and the legal profession.”

Signed by the NBA Publicity Secretary, Dr. Rapulu Nduka, the statement added that “The news of his death has been devastating not only for the leadership and members of the NBA, but also for his wife, three kids and other family members whom he left behind.”

The NBA stated that it is liaising with his family regarding his funeral plans, adding that it “will keep our members apprised of developments. In the interim, we urge our members to pray for the repose his soul and allow members of his family time to gradually heal from this irreparable loss.”

Below is the full text of the statement.

THE NBA MOURNS THE TRAGIC LOSS OF MR. OGAGA EMOGHWANRE

Dear Colleagues,

As many of you may be aware, yesterday, the 10th of August 2022, we lost one of our members – Mr. Ogaga Emoghwanre – to the cold hands of death.

Until his demise, Ogaga was a member of the Benin Branch of the Nigerian Bar Association (“NBA”) who served the NBA at different levels and in various capacities including most recently as a member of the National Executive Council, the Secretary of the NBA Welfare Committee and as a Special Assistant to the NBA President. More importantly, he was a friend and worthy colleague to many of us.

Many who came across or had any dealings with Ogaga would attest that he was an amiable fellow and a consummate Bar man who gave his all to the Bar and the legal profession. The news of his death has been devastating not only for the leadership and members of the NBA, but also for his wife, three kids and other family members whom he left behind.

The NBA is currently liaising with his family regarding his funeral plans and will keep our members apprised of developments. In the interim, we urge our members to pray for the repose his soul and allow members of his family time to gradually heal from this irreparable loss.

May the soul of our dear friend and colleague, Ogaga Emoghwanre rest in perfect peace.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

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TCCP SET TO HOLD GROUND-BREAKING NBA-AGC

Preparations are in top gear for the 62nd Nigerian Bar Association Annual General Conference (NBAAGC) themed “Bold Transitions”. In a matter of days, lawyers from all corners of Nigeria will converge on the audacious Eko Atlantic City in Lagos for the annual conference that has over the years been known to be the largest gathering of lawyers anywhere in the world.

As the August 19th date for the commencement of the conference draws close, and with the Technical Committee on Conference Planning (TCCP) having unveiled the various conference activities, indications are emerging that the Olumide Akpata-led NBA administration is on course to deliver a legacy conference that sets a standard that will become a benchmark for subsequent NBA conferences.

Tobenna Erojikwe, the TCCP Chairman, had earlier said the core objective of the NBAAGC 2022 is “to host a world-class conference, with in-depth discourse on critical issues affecting the legal profession and the country, facilitated by the most eminently qualified resource persons able to galvanize all conference attendees towards the path of becoming better legal practitioners and experts in their chosen fields; shape public opinion on critical issues; and inspire lawyers to build the law firms of the future”.

So far, the activities lined up for the 2022 Annual General Conference are generating a high level of interest and enthusiasm among lawyers. One exciting event for many lawyers who have registered for the conference is the Presidential Candidates’ session, where the candidates of the major political parties in the 2023 presidential elections are expected to speak on “Democratic Transitions in 21st Century Nigeria: 2023 and Beyond”. Already, the TCCP has confirmed that two of the four leading candidates, Atiku Abubakar of the People’s Democratic Party (PDP) and Peter Obi of Labour Party (LP), have given their word that they would be present, while Bola Ahmed Tinubu of the All Progressives Congress (APC) and Rabiu Musa Kwankwaso of the New Nigeria People’s Party (NNPP) are yet to confirm their availability.

Underscoring the importance of the Presidential Candidates’ plenary, a first in the history of the NBA AGC, the TCCP said it would present an opportunity to critically assess Nigeria’s democratic journey since 1999, identify key challenges which have perennially bedeviled the polity, and evaluate sustainable solutions to these challenges. The session will also aim at encouraging greater citizen participation in the governance of Nigeria with lawyers playing a leading role.

“With the poor state of our economy, mounting insecurity, comatose education system, decaying infrastructure, persistent inter-ethnic crises and general high cost of living, the 2023 elections may be a watershed moment for Nigeria. This session will provide a platform for the key presidential candidates in the 2023 elections to give insights on their respective roadmaps for addressing Nigeria’s key challenges and leading Nigeria’s next democratic transition,” Erojikwe said.

Many prospective participants are also looking forward to the Keynote Speech by Chimamanda Ngozi Adichie, author of Purple Hibiscus, Half of a Yellow Sun, Americanah, and several other works. The multiple award-winning author who has delivered two landmark TED talks – her 2009 TED Talk “The Danger of A Single Story” and her 2012 TEDx Euston Talk “We Should All Be Feminists” – will be speaking at the opening ceremony of the conference.

For some others, the attraction comes from the topics lined up for discussion at the sessions. These include, among others, “AfCFTA: Nigerian Lawyers’ Capacity to Service a Globalized Economy”; “Building a Respectable Bar: Issues Arising on the Regulation of the Legal Profession in Nigeria”; “The Fit for Purpose Lawyer: Reflections on the State of Legal Education in Nigeria”; “Legal Ethics and Etiquettes: Restoring the Dignity of the Legal Profession in Nigeria”; “Lawyers’ Earning Capacity: A Discussion on the NBA Remuneration Committee Report”; “Technology and the Law: Creating a Digital NBA”; and “Spotlight on Brutality, Abuse of Office and Harassment of Lawyers by Security Agencies”.

The Meta session, where Meta, owners of Facebook, Instagram and WhatsApp, will lead the conversation on the topic “Towards an Effective Privacy and Data Protection Regime: The Role of the Nigerian Lawyer”, is also another attraction. Of course, many see the Meta collaboration with NBA, for a conference themed “Bold Transitions”, as significant. Meta, one of the world’s most valuable companies which is considered among the Big Five American information technology companies, builds technologies that help people connect, find communities, and grow businesses. Its Facebook, launched in 2004, heralded a bold transition as it changed the way people connect, while apps like Messenger, Instagram and WhatsApp further empowered billions around the world.

NBA branches as well as football lovers are looking forward to the NBA-AGC Male and Female Football Competitions slated to hold between Thursday, 18th August and Tuesday, 23rd August 2022. The football competitions will see the winning team for both the male and female matches cart away a prize of not less than N500,000.

Among young lawyers, their excitement is built around the many activities lined up for them. For instance, there is the Young Lawyers’ Forum (Job Fair), where senior and vastly experienced legal professionals will provide insights and share their career experiences with young lawyers. The session, which is in tandem with a cardinal focus of the present NBA administration to improve the welfare, and career development, of young lawyers, will also identify diverse opportunities for young lawyers within the legal profession and explore practical tips and strategies for sustainable career growth and development.

But that is not all. There is the AGC Creative Talents Show, which seeks to support local talents among lawyers in Nigeria and give them a platform to showcase their talent at the forthcoming Annual General Conference. The AGC Creative Talents Show, with iLLBLISS, Nigerian rapper, businessman and owner of ‘The Goretti Company’, as its Creative Director, is seen as one capable of launching talented young lawyers into a successful career in the creative industry.

Young lawyers also have a chance to get a sponsored place at the AGC if they emerge victorious in a pitch contest where they are expected to express their understanding of the 2022 theme ‘Bold Transitions’ in a 250-word script accompanied with a video of their voicing these expressions.

But there are many other exciting sessions. The session on “Financing Your Practice and the NBA Access to Finance Scheme” will seek to create awareness and enlightenment on how the NBA Access to Finance Scheme, one of the most impactful initiatives and welfare agenda of the current NBA administration, operates and also provide practical tips and guidance to lawyers on managing their finances.

There is the Health and Wellbeing session, which will provide tips on how lawyers can achieve a decent work-life balance notwithstanding busy schedules and the demands of their jobs. The session will also examine habits which lawyers ought to inculcate and maintain to stay fit and healthy while on and off work, as well as provide useful tips and advice on how lawyers may deal with, or seek help for, depression and mental health challenges.

There is a session dedicated to lawyers with disabilities. This session will x-ray the peculiar challenges faced by lawyers with disabilities both in practice and as members of NBA, and proffer practical solutions towards achieving inclusiveness and equality.
And there is the attraction of the host city itself. Without a doubt, Lagos is the epicentre of Nigeria’s thriving technology sector, the country’s economic capital and the lifeblood of its civil society. But the attraction goes beyond Lagos itself. Eko Atlantic City, the venue of the conference, is a classic story of bold, innovative thinking. One of the world’s cutting-edge new cities, Eko Atlantic City stands on 10 million square metres of land reclaimed from the Atlantic Ocean and protected by the Great Wall of Lagos, an 8.5km-long sea wall constructed primarily of rock and faced with concrete accropode armour. The city, which is being developed to be self-sufficient and sustainable to meet the needs for financial, commercial, residential and tourist accommodations with infrastructure in line with modern and environmental standards, has been variously described as the new economic capital of Africa and Africa’s Manhattan, because it is planned to be the size of Manhattan’s skyscraper district.

To cushion the effect of rising cost, the TCCP went into an arrangement with NACO Logistics to ensure that delegates attending the 2022 NBA Annual General Conference get hotel accommodations at discounted rates.

With a few days to go, the TCCP, composed of a fine selection of some of the best minds within the NBA, is leaving no one in doubt that it is capable of meeting the target set for it by the present NBA administration – to organise a conference akin in quality of content and ambience to the World Economic Forum, the International Bar Association Conference and African Development Bank’s (AfDB) Conferences.

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‘WE ARE NOT PROBING NJC SCRIBE,’ SAYS BODY OF BENCHERS

The Body of Benchers (BoB) has stated that it is not investigating the Secretary of the National Judicial Council (NJC), Mr. Ahmed Gambo Saleh for alleged payment to a contractor.

Citing a CITY LAWYER report on the issue, the BoB stated that “at no point did the Body of Benchers cause an investigation to be carried out against the Secretary of the National Judicial Council as reported,” adding that “Indeed the Body of Benchers does not have the jurisdiction to carry out such an investigation.”

In a statement made available to CITY LAWYER and signed by its Secretary, Mr. Daniel Tela, the apex regulator of the legal profession added that “the statement to the effect that the Body of Benchers will, at its meeting slated for 29th September, 2022 discuss the report of a Committee on the subject is unfounded and incorrect.”

The full text of the statement reads:

RE: BODY OF BENCHERS PROBE NJC SCRIBE OVER N800M PAYMENT

The attention of the Body of Benchers has been drawn to an online publication by the CITY LAWYER alleging that the Body of Benchers is investigating the Secretary of the National Judicial Council, Ahmed Gambo Saleh, Esq on payments made to a Contractor.

Consequently, I am directed to make necessary clarification to the effect that at no point did the Body of Benchers cause an investigation to be carried out against the Secretary of the National Judicial Council as reported. Indeed the Body of Benchers does not have the jurisdiction to carry out such an investigation.

Furthermore, the statement to the effect that the Body of Benchers will, at its meeting slated for 29th September, 2022 discuss the report of a Committee on the subject is unfounded and incorrect.

Thank you.

Signed:

Daniel M. Tela
Secretary, Body of Benchers

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HOW AKPATA’S TOP AIDE, OGAGA EMOGHWANRE DIED

Details have emerged on how Mr. Ogaga Emoghwanre, the Special Assistant to the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata died today in Warri, Delta State.

Multiple sources told CITY LAWYER that the erstwhile candidate for the position of NBA Publicity Secretary passed away today in Warri while attending a two-day workshop titled, ‘The Role of the Nigeria Police in the Implementation of the Administration of Criminal Justice Act, 2015 and Compliance with Principles of Human Rights in Law Enforcement.’ The workshop was organised by NBA in collaboration with MacArthur Foundation.

CITY LAWYER gathered that the charismatic Bar-man and incumbent NBA Benin Branch Publicity Secretary suddenly took ill and collapsed yesterday during the workshop. He was rushed to a top-notch hospital in Warri where he was placed on oxygen.

There were strong indications that he remained in that condition for about 24 hours while colleagues hoped that he would come through the bend soonest. He however passed away today.

A source at NBA Benin Branch told CITY LAWYER that the deceased had a similar challenge about a week ago while participating in a friendly match between the Branch and a local team, adding that he had to be substituted when he “nearly collapsed” and was advised to take a rest.

Ogaga, as he was fondly called, polled 15,369 votes in the last NBA Elections, 2,281 votes less than the 17,650 votes polled by his opponent, Mr. Habeeb Akorede Lawal who was declared winner of the election for the position of NBA Publicity Secretary.

He is survived by his wife and three children.

There are strong indications that his death has thrown the NBA Presidency into deep mourning, even as Akpata did not immediately respond to CITY LAWYER enquiries on his passing. A top Akpata aide told CITY LAWYER that he had to cancel all engagements since receiving the news, adding that “I am still in shock.”

Speakers at the ACJA workshop included Akpata; Hon. Justice Anthony Olotu Akpovi of Warri Criminal Division of Delta State Judiciary; Mr. Saka Azimazi, former Deputy Director, Legal and Investigation, National Human Rights Commission; Mr. Idris Bawa, a security expert, as well as Chief Victor Otomiewo, former Delta State Attorney-General & Commissioner for Justice, among others.

A communique issued today at the end of the workshop expressed concern about “the slow pace of Criminal trials resulting in the high number of awaiting trial inmates in the correctional centers,” adding that “The consequences of this loss of confidence in the system include resort to jungle justice and self-help.”

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‘I HAVE NOTHING TO DO WITH BENCHERS’ BUILDING PROJECT,’ SAYS NJC SCRIBE

The Secretary of the National Judicial Council (NJC), Mr. Ahmed Gambo Saleh has told CITY LAWYER that he has no connection whatsoever with the building of the recently commissioned national headquarters of the Body of Benchers (BoB).

CITY LAWYER had reported that a three-man panel was set up by the Body of Benchers to probe the allegation by former Court of Appeal President and Member of the BoB Building Committee, Hon. Justice Umaru Abdullahi concerning payment of N800 million to Boygues (now BGL Nigeria Limited) without following due process.

In a telephone conversation with CITY LAWYER, Saleh stated that he was not under any probe, adding that “I have absolutely nothing to do with the (Body of Benchers) project.”

Saleh stated that the NJC only made disbursement to the Body of Benchers in line with its approved budget by the National Assembly, adding that while the project was initially billed to cost N13 billion, it was pruned down through due diligence.

He noted that every court and judicial body prepares and defends its budget at the National Assembly, adding that “the project had its own personnel. I do not disburse money on projects. I am not a part of the project. I did not administer the project. I only disburse funds to courts and judicial bodies based on budgets approved by the National Assembly.”

In a veiled confirmation of the probe, Saleh told CITY LAWYER that a report on the investigation had been submitted to the Body of Benchers in plenary, adding that he was not indicted by the report.

He said that his travails were being orchestrated by a “sponsor.” He warned CITY LAWYER to either retract the report and apologise “or I will report you to LPDC or EFCC.” The apparently angry NJC scribe also said that he would not hesitate to explore a legal action in the matter.

Though the Secretary of Body of Benchers, Mr. Daniel Manasseh Tela said that he would get back to CITY LAWYER “with the facts” of the matter, a source who was at the BoB meeting told CITY LAWYER that the probe report generated serious controversy during deliberation in plenary, “especially as it related to conflict of interest regarding a member of the probe panel.”

CITY LAWYER gathered that the report determined that there was no case of culpability against any official, and was eventually adopted by the general meeting.

CITY LAWYER had reported that the Body of Benchers had on February 24, 2022 set up an investigative committee headed by Senator Mike Ajegbo SAN to investigate the disbursement of the N800 million. Other members of the probe panel are former Chief Judge of FCT High Court and current Chairman of the Legal Practitioners Disciplinary Committee (LPDC), Justice Ishaq Bello and Mr. Adeniji Kazeem SAN.

Saleh joined the Supreme Court in 2008 as a Special Assistant to the Chief Justice of Nigeria. Between 2010 and 2014, he was the Deputy Chief Registrar (Litigation Department). He was elevated to the position of Chief Registrar in 2014, until July 1, 2017 when he was appointed Secretary of the National Judicial Council.

He was recently accused of involvement in a N10 billion “bribe and federal racketeering” allegedly being investigated by the Economic and Financial Crimes Commission (EFCC). The report was promptly dismissed by NJC spokesman, Mr. Soji Oye who stated that the allegation was aimed to “smear the good image of Ahmed Gambo Saleh at all cost.”

According to Oye, “It is imperative for the members of the public to be aware that before his emergence as the secretary of the NJC, some forces who tried to scuttle his appointment as the secretary of the council have re-emerged with antics aimed at tarnishing his image and bringing his good name to disrepute.”

He said that “It is on record that these forces, in a bid to stop his emergence as the NJC Secretary after the interview to consider his appointment, came up with false allegations in the media alleging that he had diverted N2.2 billion from the Supreme Court from 2009 to 2016 on the day the council meeting was to hold.”

The NJC also dismissed the charges filed against Saleh by the Federal Government in November 2016, saying the case was withdrawn by the Attorney-General of the Federation because “the charges could not be substantiated”. It added that “It should be noted that there has never been a time when Mr. Saleh admitted committing any crime before anybody or law court.”

The NJC stated that “The sponsors of these malicious allegations believe they own the Judiciary and nobody can become anything within the Judiciary without their approval.

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EXCLUSIVE: BENCHERS PROBE NJC SCRIBE OVER N800M PAYMENT

The Body of Benchers (BoB) has set up a three-member committee to investigate the payment of about N800 million to a contractor by the Secretary of the National Judicial Council (NJC), Mr. Ahmed Gambo Saleh, CITY LAWYER can authoritatively report.

Impeccable sources told CITY LAWYER that the probe was as a result of an “alarm” raised by former Court of Appeal President and Member of the BoB Building Committee, Hon. Justice Umaru Abdullahi concerning payment of the money to the contractor “without following due process.”

One of the sources told CITY LAWYER that the former Court of Appeal helmsman has a “prominent role in monitoring and payments.” The Building Committee is chaired by Mrs. Hairat Balogun, unanimously elected the first female Chairman of the Body of Benchers in 1998.

Appointed on February 24, 2022, the investigative panel is headed by Senator Mike Ajegbo SAN. Other members are former Chief Judge of FCT High Court and current Chairman of the Legal Practitioners Disciplinary Committee (LPDC), Justice Ishaq Bello and Mr. Adeniji Kazeem SAN.

The payment was made in respect of the Body of Benchers building which was funded by the NJC, with Saleh as the “Accounting Officer,” said the source.

CITY LAWYER gathered that a crisis of confidence may also be rocking the committee as a member of the investigative panel is alleged to be a Director in the beneficiary company.

There are strong indications that the committee’s report will be presented by the committee at the next meeting of the Body of Benchers scheduled for September 29, 2022.

CITY LAWYER was unable to reach the former Supreme Court Chief Registrar for comments, as repeated calls to his verified telephone number returned the message that the telephone was “switched off.” A text message to the telephone number did not receive any response at press time.

Saleh joined the Supreme Court in 2008 as a Special Assistant to the Chief Justice of Nigeria. Between 2010 and 2014, he was the Deputy Chief Registrar (Litigation Department). He was elevated to the position of Chief Registrar in 2014, until July 1, 2017 when he was appointed Secretary of the National Judicial Council.

He was recently accused of involvement in a N10 billion “bribe and federal racketeering” allegedly being investigated by the Economic and Financial Crimes Commission (EFCC). The report was however promptly dismissed by NJC spokesman, Mr. Soji Oye who stated that the allegation was aimed to “smear the good image of Ahmed Gambo Saleh at all cost.”

According to Oye, “It is imperative for the members of the public to be aware that before his emergence as the secretary of the NJC, some forces who tried to scuttle his appointment as the secretary of the council have re-emerged with antics aimed at tarnishing his image and bringing his good name to disrepute.”

He said that “It is on record that these forces, in a bid to stop his emergence as the NJC Secretary after the interview to consider his appointment, came up with false allegations in the media alleging that he had diverted N2.2 billion from the Supreme Court from 2009 to 2016 on the day the council meeting was to hold.”

The NJC also dismissed the charges filed against Saleh by the Federal Government in November 2016, saying the case was withdrawn by the Attorney-General of the Federation because “the charges could not be substantiated”. It added that “It should be noted that there has never been a time when Mr. Saleh admitted committing any crime before anybody or law court.”

The NJC stated that “The sponsors of these malicious allegations believe they own the Judiciary and nobody can become anything within the Judiciary without their approval.

“It is important to reiterate that there is no iota of credibility in the petition as they are not after the truth but are out to smear the good image of Ahmed Gambo Saleh at all cost.”

CITY LAWYER recalls that the Attorney-General and Minister of Justice, Mr. Abubakar Malami (SAN) had, while speaking at a recent Nigerian Bar Association (NBA) Justice Sector Summit in Abuja, taken a swipe at the Judiciary for lack of transparency and accountability, asking why the N104 billion provided for the Judiciary in the 2021 Budget was insufficient. He stated that the Executive was not in a position to answer “because their (judiciary’s) books are not open.”

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FOREMOST LAWYER, PROF. UCHE DIES IN LONDON

A senior lawyer and foremost legal scholar, Professor Uche Uko Uche is dead. He was almost 60 years at the Bar, having been admitted to the English Bar, Gray’s Inn, London in 1963

Uche is touted as perhaps the first Black lecturer at the University of London where he rose to the position of Professor of Law. He was also a visiting lecturer at the Nigerian Institute of International Affairs (NIIA).

CITY LAWYER gathered from unimpeachable sources that Uche died in London where he had gone for medical treatment some weeks ago.

Born on November 9, 1934 in Ohafia, Abia State, the senior lawyer had his early education at Aggrey Memorial College, Arochukwu between 1948 and 1952 before gaining admission to Teachers’ Training College, Uyo (1954-1955). He proceeded to the University of Ghana, Accra (1958-1961) and was subsequently admitted to the University of Oxford, England for his Master of Laws and PhD degrees (1962-1965).

He was engaged in private legal practice at Messrs A. K. Uche Chambers, Aba between 1965 and 1966. He returned to England and became a Lecturer in African Law at the School of Oriental and African Studies (SOAS), University of London between 1965 and 1976.

A Queen’s Counsel at Messrs Dingle Foot and Desmond Ackner between 1967 and 1972, Uche was appointed Professor of Public Law at the University of Nairobi, Kenya. He became a Consultant at Waruhiu and Waruhiu in Nairobi, Kenya between 1972 and 1977 and established a partnership with Professor Sundstorm in Nordic Law and a Consultancy with Common Market Practice in Brussels, Stockholm and Geneva between 1973 and 1982.

According to BLERF’S Who is Who in Nigeria, Uche has been the Managing Partner of U. U. Uche and Associates, Lagos since 1978 aside from his role as a Senior Legal Consultant for the United Nations Conference on Trade and Development (UNCTAD). He was the Chairman of the Board of Directors of Centre for African Family Studies, Nairobi, Kenya and a member of the Board of Directors of Development Law and Policy Programme, Centre for Population and Family Health, Columbia University, New York, USA (1981). Uche was also the Chairman of the Board of Directors of African Continental Bank (ACB), Lagos and a member of the British Institute of International and Comparative Law (BIICL).

A prolific text writer and former President of Otu Oka Iwu (Law Society), Uche holds the traditional title of Ugwumba of Isiama, Ohafia, Abia State. His publications include Contractual Obligations in Ghana and Nigeria (Cass, 1971); Law and Population Growth in Kenya (1974); Law and Population Change in Africa (East African Literature Bureau, 1976), and Civil Procedure in Anglophone Africa (East African Publishing Bureau, 1976). His hobbies included lawn tennis and golf.

Speaking on his return to Nigeria, Uche told a national daily that “Before I finished my Masters programme and register for my PhD in the University of London. I was appointed a lecturer at the University teaching law at the School of Oriental and African studies which was one of the five colleges of the University of London.

“As a staff, I got seconded to the University of Nairobi, Kenya as Dean of Law originally for two years and after two years they wanted a second helping for four years and four years, they wanted some more helping for six years but I said no that I have to go back to London.

“I went back to London but the pressure to come back to Nigeria was strong because my uncle who was then the first Vice Chancellor of the University of Lagos told me he was in bad health and that I should come back to Nigeria. I was visiting professor at the Institute of International Affairs for one year and in 1978 started a law practice.”

Uche got married to Gladys Adaibe Nwuke, a former Director of National Library of Nigeria in 1964. They had two sons and three daughters, including Mrs. Ijeoma Onyeator of CHANNELS Television.

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NIGERIAN LAW SCHOOL 2001/2002 CLASS HOLDS REUNION DINNER AUGUST 23

The Nigerian Law School Class of 2001/2002 has announced plans to host a Reunion Dinner to mark its 20 years anniversary.

The dinner will hold on August 23, 2022 at Colonades Marquee, 21 Kingsway Road, Ikoyi, Lagos from 5 pm.

The announcement reads:

It has been 20 years already!!!

Get ready for the 1st Nigerian Law School Class 2001/2002 Reunion Dinner!!!!!

Venue: Colonades Marque Ikoyi, Lagos

Date: Tuesday 23rd August 2022

Time: 5pm.

Dress Code is formal/semi-formal with a touch of gold.

Attendees will be expected to fill out an online Google form and pay a minimum token of N5,000 (not barring larger donations), to enable us confirm attendance, provide quality food and drinks and make it a memorable event.

Payment should be made to Polaris Bank a/c No. 1763529714 – the designated account of one of us Bolanle Olafunmiloye.

If you live outside Nigeria and wish to be part of the event, kindly get in touch via +2348056050532 (on WhatsApp)

Let’s share wonderful memories from the different Law School Campuses.

If you have any, send in old photos of your experiences on our Interactive Telegram platform – https://t.me/+UQ_9LuSdJB5mMWRk

Make it a date!

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OLANIPEKUN: OGUNDE QUITS LAW PRACTICE, VOWS TO ‘RETURN’

Ms. Adekunbi Ogunde, the Partner at Wole Olanipekun & Co at the centre of the controversial email to SAIPEM SPA that has led to a call for Body of Benchers Chairman, Chief Wole Olanipekun SAN to recuse himself from the post, has temporarily quit legal practice over the debacle.

In a Press Release obtained by CITY LAWYER, Ogunde decried the controversies that have trailed her email, adding that “I will take a leave of absence from legal practice and get involved in community and social work pro bono, with a few selected NGOs.”

She stated that she “will also during this time undergo necessary courses to equip myself better in dealing with professional and life issues.”

She however vowed to return to legal practice, saying: “I will return to legal practice after some time, in consultation with my parents, senior colleagues, and well-wishers.”

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.

Below is the full text of the Press Release.

MY EMAIL CORRESPONDENCE OF 20TH JUNE 2022 AND SUBSEQUENT EVENTS

The email I sent to SAIPEM on 20th June 2022 has, for several weeks, become the subject of discussion, debate, and diatribe among lawyers and the general public on various social media platforms. My public statement issued on 27th June 2022, which was aimed at expressing remorse for the anguish the said email caused to Ajumogobia & Okeke, my Firm, Wole Olanipekun & Co., and my parents and also to debunk the wrong conclusions drawn by many lawyers that the partners and/or associates at the firm knew about or consented to the content or delivery of my email did not also achieve the purpose in the opinion of some people.

Since I issued that public statement, I have read on social media a complaint filed against me at the Legal Practitioners Disciplinary Committee by the First Vice-President of the NBA and the letter written to my Firm’s Founding Partner, Chief Wole Olanipekun SAN, OFR that he should recuse himself from his position as the Chairman of the Body of Benchers.

I cannot deny the fact that I am at the centre of every main or collateral issue that has arisen out of the said email. It may appear as if neither Wole Olanipekun & Co nor me has taken any concrete step to ameliorate the effect of the email by way of discipline, education, reform, and rehabilitation concerning me. I wish to state that the firm took such steps but did not believe that its actions should be for the attention of the media.

Unfortunately, the matter has now become rather complicated and has not only affected me psychologically but also Wole Olanipekun & Co and my family. It has bred bad blood and, to my great pain, thoroughly embarrassed our Firm’s Founder, the innocent and dignified Chief Wole Olanipekun SAN, OFR, and as well as the Firm.

As the one through whom all these have arisen, I have consulted with my family and the Firm and after a deep and thorough examination of all the facets of this hydra-headed problem, I have decided to take the following steps:

1. I will take a leave of absence from legal practice and get involved in community and social work pro bono, with a few selected NGOs.

2. I will also during this time undergo necessary courses to equip myself better in dealing with professional and life issues.

3. I will return to legal practice after some time, in consultation with my parents, senior colleagues, and well-wishers.

This statement is issued to enable me to move to the next stage of my life. I will no longer be issuing any public statements.

I thank all those who have helped me to pass through this very trying period of my life, particularly my parents, partners, and associates of Wole Olanipekun & Co, my friends, and my parents’ friends.

God bless you all.

Adekunbi Ogunde

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MAIKYAU TO BE SWORN IN, AS GADZAMA BOWS OUT

Chief Joe-Kyari Gadzama SAN has again vowed not to appeal the recently concluded Nigerian Bar Association presidential election notwithstanding the resignation en masse of members of the NBA National Election Appeal Committee (NBA-NEAC).

This clears the way for senior lawyer, Mr. Yakubu Chonoko Maikyau SAN to be sworn in as the next NBA President, having been declared winner of the July 16, 2022 election by the Electoral Committee of the NBA (ECNBA).

In a press release made available to CITY LAWYER, Chief Chukwudi Oli, a close aide of the ranking Bar Leader, said that “The NBA-NEAC instant resignation is now of no moment and whatever bias this belated attempt aims at curing is long spent and overtaken by event since it is well outside 10 days from the announcement of the election results by the ECNBA within which petitions are to be filed before it.”

Signed by Oli, Director-General of J-K CampaignTeam, the statement noted that “the NBA-NEAC, as with all Standing Committees, is constituted by the President of the NBA, subject to ratification by the National Executive Council. Therefore, a reconstituted NBA-NEAC will no doubt still require the ratification of NEC to lawfully function.”

According to Oli, “If anything, the instant resignation buttresses premeditated and predetermined objectives; for how best can it be explained that the instant resignation is coming well outside of the time limit the NBA-NEAC had itself stipulated in para 3.2 of its “GUIDELINES FOR HEARING AND DETERMINING COMPLAINT(S) FROM CANDIDATES IN THE 2022 NBA NATIONAL ELECTIONS.””

Titled “RE: RESIGNATION OF MEMBERS OF THE NBA NATIONAL ELECTIONS APPEAL COMMITTEE,” the Campaign Team chided the NBA-NEAC members for claiming that the earlier letter to NBA President, Mr. Olumide Akpata was penned by Gadzama, saying that “in the present instance and for clarity, the referenced letter of July 26, 2022, was even neither signed nor circulated by Chief Joe-Kyari Gadzama SAN on social media as alleged by the NBA-NEAC.

It also berated the NBA-NEAC members for the tone of their joint resignation letter, saying that “as legal practitioners and conscionable persons, we understand the virtue of being temperate in language and making variable assertions; and therefore make bold to say that expressing reservations about a process, especially in view of the manifest likelihood of bias, cannot and should not be misread as ‘unfortunate, and undeserving’ or ‘most uncharitable’, as was erroneously averred by the NBA-NEAC.”

The Campaign Team stated that “Considering that the notice of the constitution of the National Elections Appeal Committee for the NBA National Election was released on May 21, 2022, every member of the NBA-NEAC had ample notice to recuse themselves, especially where such member(s) has/have a preference as to candidate(s) in the national elections and have manifestly or tacitly, either by their actions and/or inactions, exhibited such.

“We are ultimately charitable to the truth and our convictions for a better bar. It is in itself most uncharitable to refer to such conviction as uncharitable.”

Below is the full text of the statement.

PRESS RELEASE

RE: RESIGNATION OF MEMBERS OF THE NBA NATIONAL ELECTIONS APPEAL COMMITTEE

The letter dated July 30, 2022, from the NBA-National Elections Appeal Committee (NBA- NEAC) to the President of the NBA refers.

In the aforementioned letter, all 9 members of the NBA- NEAC have resigned their membership due to a letter of July 26, 2022, addressed to the NBA President, which the Committee has alleged was purportedly written and circulated on social media by Chief J-K Gadzama, SAN.

The NBA-NEAC also declared that the alleged “mischaracterization” ascribed to some members of the Committee is most “unfortunate, and undeserving”. It further alleged that the comments made by the learned silk in what it called the “globally circulated letter” was “most uncharitable” and thus that its “mass resignation” was due to their “indignation and principled opposition to the uncharitable comments and accusations of Chief J-K Gadzama, SAN”.

To put a method to this, we will be chronological:

1) Firstly, it is well within anyone’s rights to circulate whatever publication of substance they deem fit, in the present instance and for clarity, the referenced letter of July 26, 2022, was even neither signed nor circulated by Chief Joe-Kyari Gadzama SAN on social media as alleged by the NBA-NEAC. The referenced letter of July 26, 2022, was ably signed by Chief C.P Oli, the Director General, J-K Gadzama Campaign Team, and co-signed by Mr. O.E Oluwabiyi, the Admin Officer of the J-K Gadzama Campaign Team, and further addressed to the President of the NBA, with the NBA-NEAC in copy. Words and actions should not be arrogated without recourse to factual stream of events. Posterity is always kind to the truthful.

2) Secondly, as legal practitioners and conscionable persons, we understand the virtue of being temperate in language and making variable assertions; and therefore make bold to say that expressing reservations about a process, especially in view of the manifest likelihood of bias, cannot and should not be misread as “unfortunate, and undeserving” or “most uncharitable”, as was erroneously averred by the NBA-NEAC. We are ultimately charitable to the truth and our convictions for a better bar. It is in itself most uncharitable to refer to such conviction as uncharitable.

3) Considering that the notice of the constitution of the National Elections Appeal Committee for the NBA National Election was released on May 21, 2022, every member of the NBA-NEAC had ample notice to recuse themselves, especially where such member(s) has/have a preference as to candidate(s) in the national elections and have manifestly or tacitly, either by their actions and/or inactions, exhibited such.

4) The NBA-NEAC instant resignation is now of no moment and whatever bias this belated attempt aims at curing is long spent and overtaken by event since it is well outside 10 days from the announcement of the election results by the ECNBA within which petitions are to be filed before it. If anything, the instant resignation buttresses premeditated and predetermined objectives; for how best can it be explained that the instant resignation is coming well outside of the time limit the NBA-NEAC had itself stipulated in para 3.2 of its “GUIDELINES FOR HEARING AND DETERMINING COMPLAINT(S) FROM CANDIDATES IN THE 2022 NBA NATIONAL ELECTIONS.”

5) Furthermore, under S.14 (1) (l) of the NBA Constitution 2015 (as Amended in 2021), the NBA National Election Appeal Committee is listed as a Standing Committee. By S.14 (3) (i) of the said Constitution, the NBA-NEAC, as with all Standing Committees, is constituted by the President of the NBA, subject to ratification by the National Executive Council. Therefore, a reconstituted NBA-NEAC will no doubt still require the ratification of NEC to lawfully function.

6) It is against these serious and all-important backgrounds that we restate our commitment to a better bar is as unwavering as the rock of Gibraltar. It is a job that must be done and rightly so.

Long live the Nigerian Bar Association!

Signed:

Chief C. P. Oli
Director-General
J-K Campaign Team 
01/08/2022

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‘AKPATA’S RECUSAL DEMAND NOT ROOTED IN LAW’

BY TOONI BAMISAYE

It has become imperative that the letter written by Mr. Olumide Akpata requesting that one of his predecessors in office who is also one of the undisputed leading lights of the legal profession, Chief Wole Olanipekun, SAN recuses himself as the chairman of the Body of Benchers (BOB) because of a pending petition against a member of his firm be objectively considered against the backdrop of applicable laws. Olumide Akpata is himself a lawyer and currently president of the NBA, thus imbuing him with responsibility to make representations that align with law in manners that are not easily questionable if not all together untenable.

Olumide Akpata had confidently asserted as the basis of his letter that:
“As you know, LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy”

The letter did not state any law relied upon by the NBA President to inform the conclusion that the processes of the Legal Practitioners Disciplinary Committee (LPDC) come under the supervision of the Chairman of the BOB. Supervisory powers over an adjudicating body like the LPDC is one of law and not conjecture and this must be obvious to the President of the NBA. One would have expected the NBA President to validate his assertion with statutory provisions since he was writing about organizations set up by law and with clearly defined and written statutory documentation regulating their operations. The reason he chose not to do this is easily discernible, and it is because there is no statute that supports his position. Conversely, statute(s) expressly negate(s) his position. It is expected that every lawyer or at least the NBA President is familiar with the Legal Practitioners Act. Section 12 (7) of the Legal Practitioners Act, in respect of punitive directions given by the LPDC, provides:

“The person to whom this section relates may, at any time within 28 days from the date of service on him of notice of the direction, appeal against the direction to the Supreme Court; and the disciplinary committee may appear as respondent to the appeal and…..”

What is clear from the above is that, it is the Supreme Court of Nigeria and not the Chairman of the Body of Benchers that exercises Jurisdiction over the LPDC. It is the Supreme Court that has the authority to review, set aside or affirm the decision of the LPDC. Will the NBA President claim ignorance of this?

The LPDC is a juristic person, just like the Body of Benchers is also a juristic person. Both entities can sue and be sued in court and have, on several occasions been sued in court in their individual names. A claim against the LPDC is not tantamount to a claim against the Body of Benchers and vice versa. Proceedings before the LPDC are regulated by rules made by the Chief Justice of Nigeria, the extant one, being the LPDC Rules, 2020. The rules that relate to the consideration and determination of whether a complaint against a Legal practitioner discloses a case to answer are as reproduced below:
“5.— (1) An Application made in accordance with rule 4 shall initially be considered by a member of the Committee (“the initial committee member”) on the directive of the Chairman for consideration for the question of whether there is a case to answer in respect of the allegations made in the Originating Application.
(2.) If the initial committee member considers that there is a case to answer in respect of any or all the allegations made and is not of the opinion that the question is one of doubt or difficulty then the initial committee member must certify that there is a case to answer.
(3.) If the initial committee member is minded not to certify that there is a case to answer in respect of all or some of the allegations made or is of the opinion that the question is one of doubt or difficulty, the question must be considered by a panel of three members of the Disciplinary Committee. The initial committee member may be a member of the panel. If the panel considers that there is a case to answer in respect of the allegations made, then it must certify that there is a case to answer in respect of those allegations.
(4) If the panel decides that there is no case to answer in respect of any of the allegations made, it may refuse or dismiss the Originating Application, or part of it, without requiring the respondent to answer the allegations and without hearing the applicant must be provided with written reasons explaining the decision.
(5) If a panel or committee member certifies that a case to answer is established in respect of all or any of the allegations made, the Secretary must serve a copy of each of the documents referred to in rule (4),(5) or (6), as the case may be on each respondent.”

No role in any of the above is reserved for the Body of Benchers. Order 7 of the LPDC Rules expressly states the parties to proceedings before the LPDC and the Body of Benchers is conspicuously not listed. It is the LPDC to the exclusion of the BOB that conducts hearing of complaints and by Orders 21 and 22 of the LPDC Rules, it is the LPDC itself that can make a finding of guilty or not guilty.

Furthermore, Order 24 of the LPDC Rules gives the LPDC the power to revoke its own findings in certain circumstances. As lawyers, we know that statutory provisions are interpreted according to the ordinary dictionary meanings of the words in the Statute and that the express mention of a thing in a statute is the exclusion of all other things. See the Supreme Court decisions in the cases Abegunde v. OSHA & Ors. (2015) LPELR – 24588 (SC) 41 and Marwa & Ors. v. Nyako & Ors. (2012) LPELR – 7837 (SC) 172 (cases which coincidentally were handled by the law firm of Wole Olanipekun & Co.). There is no single provision of the Legal Practitioners Act, RPC, or LPDC Rules on substantive hearing of a complaint that reserves any decision-making role for the BOB or its chairman and I challenge the NBA President to state any if it exists.

In the face of all these statutory provisions stating the contrary, on what basis did the President of the umbrella Body of lawyers in Nigeria conclude in his letter that the processes of the LPDC come under the supervision of the Chairman of the BOB? The NBA President went on to state in his letter that:

“As Lord Denning put it “Justice must be rooted in confidence; and confidence is destroyed, when right-minded people go away thinking that the Judge is biased”

The NBA President could not even bother to be detailed or meticulous enough to state the exact case where Lord Denning MR made the postulation. In any event, it was Metropolitan Properties Co (FGC) Ltd v. Lannon (1969) 1 QB 577. As lawyers, one of our basic trainings is to reference cases properly and deploy precedents appropriately in subsequent circumstances. Accordingly, it will be necessary to do a brief recap of the circumstances that made Lord Denning MR to make the comments stated in the NBA President’s letter. In the said case, the respondent, Mr. Lannon (a legal practitioner) was living with his father at a flat in Regency Lodge, Swiss Cottage London and was also helping his father out in a dispute on appropriate rent payable with his Landlord. Other tenants were involved in the dispute, and it was referred to the Rent Assessment Committee where Mr. Lannon sat as the Chairman. The said committee fixed the applicable rent at a ridiculously low rate, that was even lower than the amount proposed to be paid by the tenants. It was on realizing the relationship of Mr. Lannon with the property that the Appellant made a case against his qualification to sit as chairman of the Rent Assessment Committee. Therefore, Mr. Lannon was actual decision maker and Judge. Is Olanipekun a Judge in the same manner as Mr. Lannon when it has been shown statutorily that the BOB and its chairman do not participate in the decision-making process of the LPDC and Olanipekun is not also a member of LPDC?

If anything gives the impression of injustice, it is the request by the NBA president and 1st Vice President to the LPDC for a determination of whether Olanipekun is liable to be disciplined by the LPDC. Imagine the incongruity – the NBA President wants the LPDC to first determine Olanipekun’s liability so that, after a determination of that liability, a complaint will now be made to the same LPDC for a trial to enable the same LPDC formally make a decision in line with its earlier finding on liability. Would the trial not be a circus or dress rehearsal and case of “come and receive your predetermined verdict”. And all these requests are made in a petition where Olanipekun is not a party. What a crass breach of fair hearing.

Any lawyer who paid proper attention at University (Nigerian) and Law School will still recall the celebrated case of Legal Practitioners Disciplinary Committee v. Chief Gani Fawehinmi (1985) LPELR -1776 (SC) where the Supreme Court held that the LPDC populated by the same members who already had a guilty predisposition against the iconic Chief Gani Fawehinmi could not sit to try him for professional misconduct.

I had made my points in this write up with both case law and statute unlike the NBA President’s letter which referred to none. Would it be that the NBA President is not aware of these statutory provisions and case law or he chose to ignore them? Either scenario is unpalatable. The Legal Practitioners Rules of Professional Conduct (RPC) mandate lawyers to be candid and not present positions that are clearly untenable. In fact, Rule 32 (a) requires lawyers to disclose positions of law that are adverse to their case if same is known to them. Can it be said that Akpata’s submission to the general public that the processes of the LPDC are under the supervision of the Chairman of the BOB is candid? I do not think so.

The National Judicial Council (NJC) is the appointor and employer of all Judges in Nigeria; yet litigants sue NJC successfully before courts manned by Judges and Justices who are NJC employees. That is even in more direct relationships and yet, nobody asks Judges to disqualify themselves in these cases; NJC even loses some of these cases and an example is the Court of decision in National Judicial Council v. Hon. Justice P.N.C Agumagu & Ors. (2018) LPELR-25403 (CA) – a case also handled by Chief Wole Olanipekun, SAN. Is Akpata also impugning the characters of the members of the LPDC by stating that they are susceptible to influence? So many questions that beg for answers.

My advice to Olanipekun is that he should remain calm. These times shall pass and he will continue to stand tall and tower. As for me, I pray that I will be like Olanipekun and let those who don’t pray for similar feats like his genuinely pray to God that they will not be like him. These kinds of orchestrated attacks were made against those before him, and this will also fail. What further evidence of orchestration does one need aside that of Akpata himself that his own role in was to write the letter and he has done it but it was the role of others to challenge Olanipekun at the recent BOB meeting as if it is a relay race where batons are being passed. If I may query, why did Akpata write a letter to Olanipekun as sole addressee, and he decided to send it to every single member of the BOB even before a response from Olanipekun? This is aside the fact that he released the letter to the entire world before even delivering same to Olanipekun.

The real addressees of the letter are obvious and its intention palpable, which is to set up a mob against Olanipekun and put him on a slab. All of these will also fail. As for John Aikpokpo-Martins who swore to the affidavit in support of the Petition against Ms. Ogunde, he should please refer to the implication of giving false evidence under Order 17 of the LPDC rules especially as it relates to his inconsistent position on Ms. Ogunde’s ostensible authority from the other Olanipekun partners even when he had stated under oath that both Ms. Ogunde and the firm expressly stated that she had no such authority. He has not brought evidence to show the said ostensible authority and he also knows when ostensible authority can be presumed under the partnership law of Lagos State.

  • Tooni Bamisaye, a legal practitioner, writes from Victoria Island, Lagos.

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INDUSTRIAL COURT PRESIDENT SET TO HOST SPIDEL CONFEREES, DINNER HOLDS FRIDAY

Delegates to the eagerly awaited Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL) Annual Conference will be hosted to tasteful cocktails by the President of the National Industrial Court (NICN), Justice Benedict Kanyip.

The cocktails will hold at the NBA HOUSE on Wednesday, August 3, 2022 as a Welcome Party for delegates to the popular annual intellectual and networking fiesta.

Aside from networking and packed technical sessions which hold on Thursday and Friday, curtains will be drawn on the Annual Conference on Friday with an exquisite and sumptuous Dinner at A Class Event Centre, Maitama, Abuja.

The Acting Chief Justice of Nigeria, Justice Olukayode Ariwoola will declare open the Annual Conference on Thursday, while another Supreme Court jurist, Justice Inyang Okoro will deliver the Keynote Address on the theme, “Undermining judicial authority in democracy: Causes, consequences and solutions.”

Meanwhile, LawPavilion is set to launch a mobile app, JustEase which is a one-stop socio-legal and exciting tool for effective citizen engagement, security intelligence, crime and rights violation tracking, as well as a digital evidence bank for the judiciary.

Speaking on preparations for the Annual Conference, NBA-SPIDEL Chairman, Dr. Monday Ubani said: “We are focused on delivering a best-in-class conference for many delegates who have registered to be a part of this momentous annual event in NBA’s calendar. I must commend the Conference Planning Committee (CPC) for securing the attendance of a most intimidating repertoire of leading activists and speakers that Nigeria can boast of. I can assure you that the Annual Conference will be talked about for a long time to come for its richness in discourses that touch on human rights and development as well as in networking and fun activities.”

A surfeit of A-List speakers have confirmed attendance for the Annual Conference which has caught the interest of justice sector stakeholders since its relaunch in 2019 in Aba while the last edition held at Ibadan to much applause.

The speakers include foremost human rights activist, Mr. Femi Falana SAN; fiery human rights advocate, Chief Mike Ozekhome SAN; NBA President-elect, Mr. Yakubu Maikyau SAN; pioneer NBA-SPIDEL Chairman, Chief Joe-Kyari Gadzama SAN; former Attorney General of the Federation and Minister of Justice, Mr. Kanu Agabi SAN, and Executive Secretary of National Human Rights Commission (NHRC), Mr. Tony Ojukwu SAN.

Other confirmed speakers for the eagerly awaited Annual Conference are the Chief Executive Officer of Nigerian Financial Intelligence Unit (NFIU), Mr. Modibbo Tukur; Lagos State Attorney General & Commissioner for Justice, Mr. Moyosore Onigbanjo SAN; his Abia State counterpart, Mr. Uche Ihediwa SAN; former Jigawa State Attorney General & Commissioner for Justice, Mr. Sani Hussaini Garun-Gabbas SAN, two-time Lagos State Commissioner, Dr. Muiz Banire SAN and former All Progressives Congress National Legal Adviser, Mr. Babatunde Ogala SAN.

Also confirmed to speak at the Annual Conference are the President of the National Industrial Court, Justice Benedict Kanyip; Justice Mabel Taiye Bello of Federal High Court, Owerri Division; Associate Professor & Dean of Faculty of Law, Ave Maria University, Dr. Sam Amadi; Deputy Vice Chancellor of Afe Babalola University and United Nations Independent Expert on Business and Human Rights, Prof. Damilola Olawuyi SAN, and immediate past NBA-SPIDEL Chairman, Prof. Paul Ananaba SAN.

Others are former Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Adedeji Adekunle SAN; former Senior Special Assistant on Justice Sector Reform & General Counsel to Lagos State Governor, Mrs. Oyinkan Badejo-Okusanya; former NBA General Secretary, Mazi Afam Osigwe SAN; pioneer United Nations Special Rapporteur on Summary, Arbitrary and Extrajudicial Executions in Nigeria, Prof. Valerie Azinge SAN, and Secretary of the Independent Investigative Panel (IIP) on Human Rights Violation by Defunct Special Anti-Robbery Squad (SARS) and Other Specialized Units, Mr. Hilary Ogbonna.

NBA 1st Vice President and IIP Member, Mr. John Aikpokpo-Martins; Executive Director of Gender Awareness Trust (GAT) and IIP Member, Dr. Lydia Umar and the Chief Executive of Law Pavilion, Mr. Ope Olugasa have also confirmed attendance at the annual conference.

Aside from speeches from NBA President, Mr. Olumide Akpata and NBA-SPIDEL Chairman, Dr. Monday Ubani, Goodwill Messages will also be received from UNICEF Chief Child Protection Officer, Ibrahim Sesay and National Programme Manager, British Council’s Rule of Law and Anti-Corruption Programme (RoLAC), Mr. Danladi Plang.

Among the topics to be dissected by the array of confirmed speakers are “Disobedience to court order and the slide to state of anarchy;” “Strengthening judicial authority in a democracy through effective and sustainable strategies;” “The impediments to seamless execution of court orders in Nigeria: Any way out?;” “A disruptive approach to public safety and access to justice using technology,” and “Independent Investigative Panel (IIP) on Human Rights Violation by defunct Special Anti-Robbery Squad (SARS) and other specialized units: The process, enforcement of the panel’s decisions/rulings, challenges, achievements and lessons learnt.”

The facilitators for the sessions are Executive Director of PRAWA and Co-Chair of the NBA-SPIDEL Development Law Group, Dr. Uju Agomoh; NBA-SPIDEL Council Member, Mr. Emeka Nwadioke and NBA-SPIDEL Publicity Secretary, Mr. Godfrey Echeho while NBA-SPIDEL Secretary and Local Organising Committee Chair, Dr. Princess Frank-Chukwuani will deliver the vote of thanks.

The conference is laced with lunches, closing dinner and networking opportunities. To register for the annual conference, please visit www.nbaspidel.ng or www.nbaspidel.ng/nba-spidel-conference-2022. For enquiries, call 08034461082, 08063088182 or email info@nigerianbar.org.ng.

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VOX POPULI FOUNDATION LIFTS KEFFI PRISON WITH GIFTS

Director-General, Vox Populi Foundation Leads Members of the Foundation to Donate Towards the Improvement of the Keffi Correctional Centre, Nasarawa State

On Wednesday, July 27, 2022, Chief C.P Oli, the Director-General of Vox Populi Foundation, in the company of other distinguished members and representatives of the President of the Vox Populi Foundation, Chief Joe-Kyari Gadzama SAN, visited the Keffi Correctional Centre, Nasarawa State.

The Vox Populi Foundation is primarily geared towards advocating for good governance and making a positive impact on society and by way of contributing their quota to society, the DG and other members present at the correctional center interacted with the Officer in Charge and the Welfare Officer of the correctional centre.

The Director General of the foundation commended the laudable efforts of the officers of the correctional center who have been working ceaselessly to ensure that inmates are able to access education. He noted the essence of public-private partnership in the society and stated further that the primary aim of the visit was to render assistance to the correctional center by sponsoring those inmates who are set to take the upcoming examinations of the National Business and Technical Examinations Board (NABTEB). In addition, Chief Oli stated that the foundation shall also offset the fines of two inmates who are unable to afford their freedom.

The Officer in Charge of the Correctional Center, Mr. Simon Raphael Kaigama pronounced encomiums on the DG and the other members of the foundation, including Chief Joe-Kyari Gadzama, for their support and contribution to the correctional center. He informed all present that education is a form of rehabilitation and as a firm believer in this, efforts have been taken to ensure that several inmates are currently enrolled in the National Open University to pursue their first degree, Masters and even, Ph.D in their various areas of interest. The inmates whose fines were paid were presented to the DG and other members of the foundation. Both of them expressed their heartfelt gratitude to the foundation.

Thereafter, the Director-General of the foundation presented the token for the inmates and the correctional center from the foundation to the Officer in Charge of the facility. He also assured the facility that steps are presently in motion to render pro-bono services to inmates in order to decongest the facility. Members who were present include: Love Chukwumerije, Hillary A. Ojeke, Nafisat Abisola Ibrahim, Hajara Sorondinki, Precious Ulasi, Magai Magaji, Farida Lanre-Ipinmisho, Ebube Okpogu, Promise Godwin, Elizabeth Ibrahim Auta, Cynthia Igwedibia, and a host of other eminent personalities, who collectively represented the President, Vox Populi Foundation, Chief Joe-Kyari Gadzama, SAN.

Indeed, it was an excellent outing as service to mankind is service to life.

Signed:

Hassan Sherif
Publicity Secretary
Vox Populi Foundation

 

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NBA-AGC SOCCER: ‘WHY WE FIXED DIFFERENT PRIZES FOR MALE, FEMALE COMPETITIONS,’ BY TCCP

The Technical Committee on Conference Planning (TCCP) for the 2022 Nigerian Bar Association (NBA) Annual General Conference has clarified the difference in the prize winnings for the male and female NBA inter-branch football competitions slated to hold between Thursday, 18th August and Tuesday, 23rd August 2022.

The TCCP said the clarification became necessary following the debate raging amongst lawyers, especially on social media, over the difference in the prizes for the victorious teams.

The TCCP had, in an earlier notice, announced N500,000 as the winning prize for the inter-branch male football competition and N200,000 for the female football competition.

This has, however, generated some tension among lawyers some of whom viewed it as discriminatory.

But offering explanation for the difference, the TCCP said the fixing of the prize winnings was dictated by prudence and realistic expectations as the sports events at the AGC were structured to fund themselves.

In a statement issued on Thursday and signed by Tobenna Erojikwe, its Chairman, the TCCP explained that the male football competition is viewed as totally distinct from the female football competition with completely different consideration, having been around for many years. On the other hand, the female football competition is being introduced for the very first time in the AGC to promote inclusiveness and expand the scope of activities at the AGC, the TCCP said.

“In providing sports activities as part of the AGC, the TCCP exercises prudence in the management of funds as such sports, if not fully funded by itself or sponsored by third parties, have to be subsidised by the NBA,” Erojikwe said in the statement with the subject”Prizes for NBA Inter-branch Female Football Competition”.

“The male football competition has been a regular feature of the NBA over the years and so it is much easier to project income derivable from the competition. For instance, last year, a total of 16 male football teams registered for the male football competition with N1,600,000 received as registration fees,” he said.

The TCCP Chairman said considering the novelty of the female football competition, it was difficult to project the amount that could be generated from it.

Therefore, in order to arrive at an informed view of the prize for the winner of the female football competition, the TCCP carried out an inquiry to determine the number of existing female football teams in the branches of the NBA.

“Our research suggested that there were only two established NBA female football teams in the country, and this informed the decision regarding the amount stated as prize for the competition,” he said.

Erojikwe said the only way the prize winnings for the female football competition could be increased was to raise the registration fees payable by branches, which the TCCP does not consider a feasible option at this time.

“The above considerations led to the decision to fix the above referenced prize winnings for the different competitions. We also deem it necessary to add that the decision to introduce female football as part of the sports events at the AGC is an important development which the TCCP is committed to having entrenched at future AGCs,” he said.

He, however, assured that the TCCP was actively seeking sponsorship for the female football competition and would raise the prize winning as soon as such sponsorship materialised. He pledged that the TCCP would dedicate every amount received as sponsorship and registration fee for the female football competition to the prize money.

“We hope that the above explanation provides context and clarification regarding the subject. We would please ask that the level of interest that has been shown regarding the female football is sustained through the conference and that we make it a competition that we can all look forward to every year,” Erojikwe said.

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EGBE AMOFIN BACKS OLANIPEKUN, WARNS OF ‘ETHNIC AGENDA’

The umbrella union of Yoruba lawyers, Egbe Amofin O’odua has thrown its weight behind embattled Chairman of the Body of Benchers (BoB), Chief Wole Olanipekun SAN.

In a statement made available to CITY LAWYER and signed by the Chairman of its Governing Council, Mr. Isiaka Abiola Olagunju SAN, Egbe Amofin, otherwise called the Yoruba Lawyers Forum, described as “unwarranted” the call for Olanipekun to recuse himself from the seat over alleged professional misconduct by Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co.

Describing itself as “the foremost body of Yoruba lawyers association in the country,” Egbe Amofin stated that there is “the apparent underlining witch hunt and delibrate (sic) attempt to smear the name of Chief Wole Olanipekun, SAN by subjecting him to a calculated public opinion trial.”

The association recalled “that the agitation to subvert the established and settled procedure for the elevation to the Chairman of the Body of Benchers which favoured Chief Wole Olanipekun, SAN was attempted by some senior lawyers.”

Continuing, Egbe Amofin stated that “but for the principled, objective and pure professional stand taken by some prominent Lawyers and respected Justices on this issue, we would have been tempted to believe that the initial opposition to Chief Wole Olanipekun, SAN becoming the Chairman of the Body of Benchers and this unjustified call for him to step down as the Chairman of the Body of Benchers is an ethnic agenda.”

It wondered why there is a clamour for Olanipekun to step aside “for the alleged misconduct of another in the face of the provisions of Sections 2 (1) and 24 of the Legal Practitioners Act which had been interpreted to draw a distinction between a law firm and the individual Legal Practitioner making up the law firm?”

The association stated that though the Legal Practitioners’ Disciplinary Committee is a committee of the Body of Benchers, “it is however an independent standing Committee whose Chairman and members had been appointed before Chief Wole Olanipekun, SAN became the Chairman of the Body of Benchers,” adding that its decision or direction “is not in anyway subject to the control or influence of the Body of Benchers. Appeal against the decision or direction of Legal Practitioners’ Disciplinary Committee goes to the Supreme Court and not the Body of Benchers.”

Stating that the matter “is now subjudice and should not be subjected to further public commentary,” the resurgent regional bloc warned that “The Legal Practitioners Disciplinary Committee should be allowed to do its job.”

Egbe Amofin urged stakeholders to desist from media trial, adding that “Those trying to pull down Chief Wole Olanipekun, SAN should realize that in reality, they are casting serious aspersions on the Legal Practitioners’ Disciplinary Committee by sending a wrong signal that the Committee cannot be trusted to take fair, independent and honest decisions or directions on disciplinary matters that come before it. This is no doubt a vote of no confidence on the membership of the committee.”

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.

Below is the full text of the statement.

THE MEDIA TRIAL OF CHIEF WOLE OLANIPEKUN SAN AND MS. ADEKUNBI OGUNDE: DESECRATION OF SACRED CARDINAL RULES OF JUSTICE AND FAIR HEARING.

The attention of the Governing Council of Egbe Amofin O’odua: (The Yoruba Lawyers’ Forum) has been drawn to the calls on Chief Wole Olanipekun, SAN to recuse himself as the Chairman of Body of Benchers by some commentators and groups in the Legal profession.

As the foremost body of Yoruba Lawyers association in the country, we have refrained from talking to the press or making any official statement on the unwarranted call by some members of our common platform, Nigerian Bar Association, on Chief Wole Olanipekun, SAN to step down as Chairman of Body of Benchers for the alleged infraction of our Rules of Professional Conduct by a Partner in his Law Firm. This is even with the apparent underlining witch hunt and delibrate attempt to smear the name of Chief Wole Olanipekun, SAN by subjecting him to a calculated public opinion trial.

Sadly, we recall that the agitation to subvert the established and settled procedure for the elevation to the Chairman of the Body of Benchers which favoured Chief Wole Olanipekun, SAN was attempted by some senior lawyers, but for the principled, objective and pure professional stand taken by some prominent Lawyers and respected Justices on this issue, we would have been tempted to believe that the initial opposition to Chief Wole Olanipekun, SAN becoming the Chairman of the Body of Benchers and this unjustified call for him to step down as the Chairman of the Body of Benchers is an ethnic agenda.

The pertinent question here is what is the basis of punishing Chief Wole Olanipekun, SAN by asking him to step down as the Chairman of Body of Benchers for the alleged misconduct of another in the face of the provisions of Sections 2 (1) and 24 of the Legal Practitioners Act which had been interpreted to draw a distinction between a law firm and the individual Legal Practitioner making up the law firm? Though, the Legal Practitioners’ Disciplinary Committee is in law, a Committee of the Body of Benchers, it is however an independent standing Committee whose Chairman and members had been appointed before Chief Wole Olanipekun, SAN became the Chairman of the Body of Benchers.

Further to the above, whatever decision or direction taken by the Legal Practitioner’s Disciplinary Committee is not in anyway subject to the control or influence of the Body of Benchers. Appeal against the decision or direction of Legal Practitioners’ Disciplinary Committee goes to the Supreme Court and not the Body of Benchers. Most importantly, the petition having been filed before the LPDC, the matter is now subjudice and should not be subjected to further public commentary. The Legal Practitioners Disciplinary Committee should be allowed to do its job.

Those trying to pull down Chief Wole Olanipekun, SAN should realize that in reality, they are casting serious aspersions on the Legal Practitioners’ Disciplinary Committee by sending a wrong signal that the Committee cannot be trusted to take fair, independent and honest decisions or directions on disciplinary matters that come before it. This is no doubt a vote of no confidence on the membership of the committee.

In the circumstance, we humbly enjoin us all to desist from making further comments on this issue until its final determination by the LPDC.

As lawyers we must not allow trial by social media or newspapers’ or trial by television’ or ‘trial by any medium rather than the court of law.

Long Live NBA
Long Live Egbe Amofin Oodua.

Aare Isiaka Abiola Olagunju,SAN
Chairman, Governing Council, Egbe Amofin O’odua: ( The Yoruba Lawyers’ Forum)

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EXCLUSIVE: NBA ELECTION APPEAL C’TE MEMBERS RESIGN EN MASSE, BLAST GADZAMA

All members of the Nigerian Bar Association Election Appeals Committee (NBA-NEAC) have resigned their appointment, citing a petition “circulated on social media by Chief J. K. Gadzama SAN, one of the presidential candidates in the recently-concluded National Elections of the Nigerian Bar Association.”

In a letter obtained by CITY LAWYER and dated 30th July, 2022, the erstwhile Appeals Committee members wrote: “Regrettably, we the members of the NBA-NEAC have taken the collective decision to resign our appointment in order to pave the way for you to constitute a new National Election Appeals Committee in which Chief J. K. Gadzama SAN would have enough confidence to ventilate his grievances against the conduct of the recently-concluded elections.”

Addressed to NBA President, Mr. Olumide Akpata, the signatories are Mrs. Funmi Roberts (Chairperson), Huwaila Mohammed Ibrahim, Dr. Rosemary Chinelo Chikwendu, Hubert Nwoye, Austin Ajineh (Secretary), Stephen Obajaja, Okey Ohagba, Grace Selre Mamswa and Mathew Egbadon.

The former NBA-NEAC members described as “most unfortunate and underserving (sic)” the “mischaracterization ascribed to some members of the Committee.”

They stated that many NBA-NEAC members refrained from voting during the election “all in an effort to ensure that the process would not in any way be tainted by accusation of bias,” adding however that Gadzama “has decided to take the innocuous act of liking a post that celebrates Children’s Day globally on 27th May, 2022, by Mrs Funmi Roberts, and ascribed bias into it.”

Perhaps admitting the culpability of one of its members, the signatories stated that “In the case of Ms Huwaila Muhammed Ibrahim, if Chief J. K. Gadzama SAN had filed an appeal before us and objected to her participating whilst same is being considered, she would have had to recuse herself,” adding that “this accords with best international practice.”

The NBA-NEAC members also stated that their findings revealed that Mr. Okey Ohagba “was never at any time the co-ordinator of the opposing aspirant (sic),” adding that “had Chief J. K. Gadzama SAN filed an appeal before the Committee and objected to his participation, he would also have recused himself.”

Saying that the “comments by learned silk in the globally circulated letter is therefore, most uncharitable,” the former Appeals Committee members however stated that “we hold the very strong view that the Nigerian Bar Association is greater than the sum total of all the members of the Committee, and it is the duty of all members of our Association to strive at all times to shield her from anything that would taint, not only her image, but also that of any process put in place by the Association.”

The former members stated that though the mass resignation would “cause great inconvenience” to Akpata and members of the NBA Executive Committee, “this is a time when our indignation and principled opposition to the uncharitable comments and accusations of Chief J. K. Gadzama SAN must give way to the greater good of our Association.

CITY LAWYER recalls that Gadzama’s close aides had in a letter to Akpata informed him that the former presidential candidate would not approach the NBA-NEAC for redress over the recent NBA Elections due to concerns on its neutrality.

In a letter made available to CITY LAWYER and signed by Messrs Chukwudi Oli and O. E. Oluwabiyi, the Director-General and Admin Officer respectively of Team J-K Gadzama SAN, the organization stated that “we wish to bring to your attention that our candidate, Chief Joe-Kyari Gadzama, SAN will not be exploring the option of approaching the Committee on the following grounds…”

Titled “RESERVATIONS ABOUT THE NBA NATIONAL ELECTIONS APPEALS COMMITTEE (NBA-NEAC),” Team J-K Gadzama SAN alleged that the Chairperson of the Committee, Mrs. Funmi Roberts is “more of a supporter of Yakubu Chonoko Maikyau, SAN by liking posts on LinkedIn.”

The organization also doubted the neutrality of former NBA National Officer and Appeals Committee member, Mr. Okey Ohagba, saying that he “was an active Coordinator in Port Harcourt for Y. C. Maikyau, SAN.”

Team J-K Gadzama SAN again alleged that another member of the Appeals Committee, Mrs. Huwaila Muhammed Ibrahim “actively and openly posted contents on her Facebook platform projecting Y. C. Maikyau, SAN.”

The organization stated that the “non-neutrality” of these members of the Appeals Committee “poses elements of bias by virtue of their active participation in the campaign activities of Y. C. Maikyau, SAN in the recently concluded National Elections which held on Saturday, 16th July, 2022.

“We sincerely believe that the aforementioned persons will not be able to discharge the duties of the Committee devoid of sentiments and biases and hence, present no guarantee of credibility and fairness in administering unbiased decisions and findings. We have attached some screen pictures of displays by these persons in support of Y. C. Maikyau, SAN during the period of campaign activities. Please see Annexure NBA1 and Annexure
NBA2;

“The refusal of the ECNBA to allow an election audit which would examine the Election/Result Logs and the platform for the election as requested by our candidate’s Agent, Andrew Agbo-Madaki in his letter dated Saturday, 16th July, 2022 further renders our cause a herculean task if not an impossible one before the Committee, whose duty is essentially factfinding.

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LPDC: ‘AKPATA IS FIGHTING PROXY WAR WITH OLANIPEKUN,’ SAYS OLASUPO OJO

Fiery senior lawyer, Mr. Olasupo Ojo has alleged that the demand by the Nigerian Bar Association (NBA) for the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside from the seat is a proxy war being waged by NBA President, Mr. Olumide Akpata.

In a statement made available to CITY LAWYER, Ojo, a former Secretary of the NBA Constitution Review Committee, also alleged that the demand for Olanipekun’s recusal is a “propaganda war” “being sponsored by a clique,” urging lawyers not to be hoodwinked by the alleged plot.

Noting that those gunning for Olanipekun to recuse himself “are opportunists stoking the matter beyond its scope and trying to use the NBA to drag the BOB Chair down with it at all cost,” Ojo urged “discerning” lawyers “not to join a facade wagon whose true destination is hidden.”

According to Ojo, “Those gunning for chairmanship of the BOB should come out openly and tell the truth about what transpired at a recent meeting of the BOB where the NBA President read out his memo on the proposed amendment to the LPA during which he spoke rudely to the BOB and he was roundly lambasted by members of the BOB. The next shot to be fired was to exploit the issue of the letter written by a lawyer in the office of the Chairman of the BOB to get at him in retaliation.”

He wondered what “hidden personal axe” those who are pushing the recusal demand have with Olanipekun, warning that “The NBA is not the only Association of Lawyers registered with the Corporate Affairs Commission in Nigeria hence the false impression should not be given that the NBA letter for recusal has the backing of all Association of Lawyers in Nigeria.”

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 for SAIPEM SPA. Following his demand for an apology, Wole Olanipekun & Co apologized for the debacle and disowned the Partner.

Below is the full text of the statement.

STILL ON THE NBA LETTER OF RECUSAL TO THE CHAIRMAN OF THE BODY OF BENCHERS.

I have this morning read the statement credited to a group called Justice Reform Project, (JRP), an NGO like the NBA, formed by some senior lawyers. I also had the benefit of reading the statement issued by Oluwemimo Ogunde SAN, a member of the JRP and father of the lawyer who wrote the letter in issue.

Based on the two statements, it is now obvious that this whole issue is being sponsored by a clique. They are opportunists stoking the matter beyond its scope and trying to use the NBA to drag the BOB Chair down with it at all cost.

I find it difficult that I should be choked because of a letter written by a lawyer in my firm without my authorisation and who has claimed responsibility for same.

Those gunning for chairmanship of the BOB should come out openly and tell the truth about what transpired at a recent meeting of the BOB where the NBA President read out his memo on the proposed amendment to the LPA during which he spoke rudely to the BOB and he was roundly lambasted by members of the BOB. The next shot to be fired was to exploit the issue of the letter written by a lawyer in the office of the Chairman of the BOB to get at him in retaliation.

I am just looking and laughing at those screaming their heads off in support of the recusal letter. You are all victims of social media trial. They are using you all as mobs to shout-out their cause in the market place. I advise you to be circumspect and not continue to fall prey to the antics of an exploitative clique.

Why are they using the NBA to cry more than the bereaved who has already filed his process with the LPDC on the same matter?

Why are they throwing stones as if they are saints?

Is the Chairmanship of the BOB an issue in the substantive matter?

Why is the NBA now being used as their platform to launch a propaganda war against the person of the BOB chair who is a former NBA President?

What is the hidden personal axe they have to grind with him as the BOB chair?

Why did they wait until now to seize on the issue of a letter wrongly written by a lawyer in his law firm without his knowledge or authorisation as admitted by the same lawyer who wrote the letter?

How many of us have been crucified just because a lawyer in our firm wrote an unauthorised letter and is this the first or last time such will happen in our law firms?

Can you hold the principal partner of a law firm vicariously liable for an unauthorised letter written by a lawyer in the firm under the Rules of Professional Conduct?

Why are they unable to cite just a rule of the RPC that has been breached by the BOB chair?

I URGE ALL MATURE AND DISCERNING LAWYERS NOT TO JOIN A FACADE WAGON WHOSE TRUE DESTINATION IS HIDDEN.

WHY CANT THEY WAIT FOR THE ALREADY IGNITED LPDC DUE PROCESS TO BE FOLLOWED TO LOGICAL CONCLUSION AT THE SUPREME COURT?

SINCE THERE IS NOW A DIVISION, WHO IS THEIR CANDIDATE FOR THE POSITION OF THE BOB CHAIR AND WHY CAN’T THEIR CANDIDATE AWAIT HIS OWN TIME?

AT OUR LEVEL OF KNOWLEDGE, WE SHOULD NOT BE AMONG THE MOBS.

The NBA is not the only Association of Lawyers registered with the Corporate Affairs Commission in Nigeria hence the false impression should not be given that the NBA letter for recusal has the backing of all Association of Lawyers in Nigeria.

THANKS.

OLASUPO OJO ESQ.
July 30, 2022.

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OLANIPEKUN: OKUTEPA CRIES OUT OVER CRITICISM BY SENIOR LAWYERS

Fiery senior lawyer and former Legal Practitioners Disciplinary Committee (LPDC) prosecutor, Mr. Jibrin Okutepa SAN has distanced himself from a statement by the Justice Reform Project (JRP) asking Chief Wole Olanipekun SAN to quit his office as Chairman of the Body of Benchers (BoB).

In a statement made available to CITY LAWYER, the outspoken Bar Leader said he “left JRP long ago when I perceived the way things were being done without consultations.”

Leading senior lawyer and Chairman of JRP Governing Board, Mrs. Funke Adekoya SAN had told CITY LAWYER yesterday that both Okutepa and former Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore left the group “on issues of personal principle.”

He also berated “eminent members of the Bar” for chastising him over the recusal saga, adding that he never called Olanipekun a “superior member of the Bar.”

CITY LAWYER had in an exclusive report cited a complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the SAIPEM from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

The NBA has filed a petition at the LPDC where it not only demanded sanctions against Ms. Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

Below is a full text of the statement.

My attention has been drawn to an unsigned statement said to have been issued by Justice Reform Projects, JRP in which my name was mentioned.

While I have no quarrel with whatever informed the reasons for the statement, I want to say categorically that I am no more a member of JRP. I left JRP long ago when I perceived the way things were being done without consultations. Prof Ojukwu SAN and many members of JRP can testify to this. Those who issued the statement should have been kind enough to have indicated that I have long withdrawn my membership of JRP.

My name is being used by different persons for different reasons on this alleged issue of professional misconduct. Many have attributed to me on social media what I did not say. For instance I did not describe Chief Olanipekun SAN as Suprior member of the Bar and couldn’t have said so yet eminent members of the Bar have gone to the media to pour venoms on me for what I did not say.

I will not support or shield any member of the legal profession who breaches or who is alleged to have breached our rules of professional Conduct in the legal profession, no matter his or her status in the legal profession, but nobody should use my name in any statement I did not authorize or attributes to me what I did not say, no matter how noble the intention may be.

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LPDC PROBE: OGUNDE QUITS JRP OVER STANCE, BACKS DAUGHTER, OLANIPEKUN

The father of Ms. Adekunbi Ogunde, the senior lawyer in the middle of the clamour for the Body of Benchers Chairman, Chief Wole Olanipekun SAN to recuse himself from the seat, has finally broken his silence, throwing his weight behind his embattled daughter and Olanipekun.

In a statement obtained by CITY LAWYER, Mr. Wemimo Ogunde SAN dissociated himself from a statement by the influential Justice Reform Project (JRP) calling on Olanipekun to quit, saying that he was not consulted before release of the statement.

Responding to an online publication (not CITY LAWYER) where he was said to have endorsed the JRP statement, the senior lawyer stated that “I want to state categorically that I do not wish to be associated with that statement. At no time did I participate in any meeting or discussion where the content of the statement was tabled or my consent sought or obtained.”

Ogunde hinted that he has quit the justice sector reform body as “my membership of JRP has now become untenable,” adding that “Many members of the JRP already know my difficult situation in this matter. For that reason I expected that i should have been consulted so that I would have had the opportunity to have dissociated myself from it internally, and the statement could then have been framed in a way to make my stance very clear, rather than putting me in this clearly embarrassing and awkward situation.”

He exonerated Olanipekun and other partners in the law firm from the solicitation debacle, saying: “However, one thing that is clear is that the innocence of the other partners has been clearly expressed. Whether they are vicariously liable for the acts of Ms Adekunbi Ogunde is one of the questions already submitted before the LPDC. Until then, the presumption of innocence of everyone involved, a constitutional right, ought to be respected.”

Ogunde stated that “My focus as a father at this time, is to assist my daughter prepare her defence,” adding that while the Nigerian Bar Association (NBA) has filed a complaint against his daughter, “I think as lawyers, the sanctity and independence of that body (Legal Practitioners Disciplinary Committee) should be respected.”

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

The NBA has filed a petition at the LPDC where it not only demanded sanctions against Ms. Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

The association followed this up with a letter personally signed by Akpata which urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

The full text of the statement is below.

THE CALL FOR THE RESIGNATION OF CHIEF WOLE OLANIPEKUN SAN AS CHAIRMAN OF THE BODY OF BENCHERS: MY POSITION AS A MEMBER OF THE JUSTICE REFORM PROJECT

Today, 29th July, 2022, my attention was drawn to a publication by BarristerNG, an online law newspaper that 20 Senior Advocates of Nigeria (including me) who are members of the JRP have called for the resignation of Chief Olanipekun SAN on account of the email written by my daughter.

I want to state categorically that I do not wish to be associated with that statement. At no time did I participate in any meeting or discussion where the content of the statement was tabled or my consent sought or obtained.

The NBA has filed a complaint against my daughter before the LPDC and I think as lawyers, the sanctity and independence of that body should be respected. It must be noted that no complaint was filed against any other partner and Mr Odein Ajumogobia SAN has neither filed any complaint nor deposed to any statement in support of the NBA’s complaint. My focus as a father at this time, is to assist my daughter prepare her defence. However, one thing that is clear is that the innocence of the other partners has been clearly expressed. Whether they are vicariously liable for the acts of Ms Adekunbi Ogunde is one of the questions already submitted before the LPDC. Until then, the presumption of innocence of everyone involved, a constitutional right, ought to be respected.

In the circumstances, my membership of JRP has now become untenable. I believe and support my daughter’s solemn declaration expressed privately and publicly, that the email was written unilaterally, without the knowledge of any other partner in Wole Olanipekun & Co. Those who have a contrary view are also entitled to their opinion, but in the interest of justice, we all have to await the verdict of the LPDC.

Many members of the JRP already know my difficult situation in this matter. For that reason I expected that i should have been consulted so that I would have had the opportunity to have dissociated myself from it internally, and the statement could then have been framed in a way to make my stance very clear, rather than putting me in this clearly embarrassing and awkward situation.

I am grateful to all those who have contacted me privately, particularly those who also know Adekunbi very well. May the Almighty God bless you and yours always.

OLUWEMIMO OGUNDE SAN

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LAWYER REUNITES WITH KIDNAPPED TODDLER

Oyo-based lawyer, Mr. Aderemi Adebiyi has reunited with his three-year-son barely 24 hours after he was whisked away from their residence by kidnappers.

Adebiyi told CITY LAWYER that the toddler was released after spending hours in the kidnappers’ den.

Also announcing the release in an online post, Adebiyi said: “To God be the glory, just like my neighbour, Michael Adetayo Adebiyi has been reunited with us, while my brother is still recuperating. Thank you all for your love, interest and prayers.”

He sent “special thanks” to the men of the Nigeria Police Oyo State Command and the Amotekun Corps “for the active role they played during the trying moment,” adding that “Surely, Nigeria’ll be better.”

CITY LAWYER had reported that the distressed father had yesterday sent a Save-Our-Soul message that bandits struck last night at their Bode Thomas Estate, Offametta, Oyo, Oyo State residence, shot his brother and whisked away his child.

His words: “The insecurity situation in this country is not limited to any region, my house was attacked today by some Fulani men around midnight, and my younger brother was shot in the process and he’s currently receiving treatment. My 3-year-old boy has also been kidnapped and we are praying for his safe return.”

According to Adebiyi, “I’ve also been reliably informed that one of my neighbours was equally kidnapped,” adding: “Please pray for us. It seems our estate is now their target. It’s on record that this is the second time we are experiencing this sort of incident.”

Adebiyi told CITY LAWYER that the bandits had not made any contact with him, adding: “But they’ve contacted my neighbour’s relative demanding for 100 million (naira).”

There has been heightened insecurity in the country, even as President Muhammadu Buhari recently held a series of meetings with his security chiefs towards containing the menace.

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SENIOR ADVOCATES ASK OLANIPEKUN TO QUIT OVER LPDC PROBE

A coalition of leading senior lawyers, civil society activists and users of court services under the aegis of Justice Reform Project (JRP) has added its voice to the growing call on the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to resign.

The Nigerian Bar Association (NBA) had asked the former NBA President to recuse himself from the seat to pave way for an unfettered investigation of its petition to the Legal Practitioners Disciplinary Committee (LPDC) against the foremost senior lawyer and other partners in his law firm.

In a statement obtained by CITY LAWYER, the group comprising over 20 senior advocates and other justice sector reform advocates urged Olanipekun to “step down” from his position as BoB helmsman, adding that such move would be a mark of honour.

It said: “JRP takes the position that the learned silk ought to step down from his position as Chairman of the Body of Benchers to enable investigations to be concluded with the requisite confidence. This should have predated the steps taken by the NBA and subsequent public commentary. Such an action on his part would not be a mark of culpability, it would be a matter of responsibility and honour. In his exalted position, he should ordinarily be instigating such a complaint.”

The body decried Olanipekun’s failure to recuse himself, saying: “The learned silk’s continued stay in office is, consequently, an indiscretion which will come at a cost to the integrity of our profession. The tribal sentiments being stoked by senior members of the bar are not helpful. Neither are allegations of witch-hunting or ulterior motives.”

The JRP also berated the BoB Chairman for the alleged “innuendos” in his speech during the recent Call to Bar ceremony, saying that that has only reinforced the call for his resignation.

According to the group of justice sector reform advocates, “On a related note, the innuendos in the learned silk’s speech at the Call to Bar ceremony, suggesting that opposing views were indicative of a ‘pulling down syndrome’, can only reinforce the call for his resignation, even though a formal complaint against him has not been lodged.”

It commended the Olumide Akpata-led NBA for its position on the saga, saying: “The NBA, and its leadership, must be commended for taking a bold step in upholding the standards of our profession, even in circumstances involving a man who commands an enormous amount of respect from the entire profession. This is the true test of our will to revive our dying profession and, all of us, including the learned silk, have a responsibility to put the profession first in circumstances like this.”

The JRP added that “The NBA leadership has done its job. Their actions have marked a new era in the enforcement of ethical standards in the legal profession and we must all stand behind the NBA to ensure the integrity of our profession.”

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

JRP was set up in February 2019 with membership cutting across senior and junior lawyers, civil society activists and users of court services interested in reform of the justice system.. The group co-hosted the recent Justice Sector Summit. CITY LAWYER gathered that the JRP is an offshoot of the G20 group of senior advocates who in mid-2019 at the peak of the controversy surrounding the removal of former Chief Justice of Nigeria, Justice Walter Onnoghen, issued a statement saying they “feel embarrassed and deeply concerned by the recent events surrounding the suspension of Honourable Justice W. S. N. Onnoghen as the Chief Justice of Nigeria.”

Among the signatories to the Onnoghen statement were Messrs Ebun Sofunde SAN, Kayode Sofola SAN, Kola Awodein SAN, Ademola Akinrele SAN, Eyimofe Atake SAN, Olufunke Adekoya SAN, Oluwafemi Atoyebi SAN, Yemi Candide-Johnson SAN, Olasupo Shasore SAN, Babatunde Ajibade SAN, Osaro Eghobamien SAN, Babatunde Fagbohunlu SAN, Wemimo Ogunde SAN, and Jibrin Okutepa SAN. Others Messrs Olumide Sofowora SAN, Ernest Ojukwu SAN, Olatunde Adejuyigbe SAN, Adewale Olawoyin SAN, Adeniyi Adegbonmire SAN and Oyesoji Oyeleke SAN.

More recently, the JRP brought a lawsuit at the Federal High Court sitting in Abuja to restrain President Muhammadu Buhari from appointing as judges, 21 persons recommended to him by the National Judicial Council (NJC), saying that “it is concerned about the dysfunctional justice system in Nigeria.”

It was unclear at press time whether all the senior advocates that endorsed the Onnoghen Statement are still members of the JRP, moreso as Okutepa has criticized the approach adopted by Akpata in seeking Olanipekun’s recusal while Ogunde is the father of Ms. Adekunbi Ogunde, the partner in Olanipekun’s law firm who has been dragged to the LPDC by NBA.

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BANDITS KIDNAP LAWYER’S CHILD, NEIGHBOUR, DEMAND N100 MILLION

Gunmen have kidnapped the three-year-old son of an Oyo based lawyer, Mr. Aderemi Adebiyi, CITY LAWYER can authoritatively report.

In a post by the distressed father, he stated that the bandits struck last night at their Bode Thomas Estate, Offametta, Oyo, Oyo State residence, shot his brother and whisked away his child.

His words: “The insecurity situation in this country is not limited to any region, my house was attacked today by some Fulani men around midnight, and my younger brother was shot in the process and he’s currently receiving treatment. My 3-year-old boy has also been kidnapped and we are praying for his safe return.”

According to Adebiyi, “I’ve also been reliably informed that one of my neighbours was equally kidnapped,” adding: “Please pray for us. It seems our estate is now their target. It’s on record that this is the second time we are experiencing this sort of incident.”

Adebiyi told CITY LAWYER that the bandits had not made any contact with him, adding: “But they’ve contacted my neighbour’s relative demanding for 100 million (naira).”

There has been heightened insecurity in the country, even as President Muhammadu Buhari recently held a series of meetings with his security chiefs towards containing the menace.

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