THE RISE AND RISE OF LAGOS ‘GOLDEN BOY,’ LAWAL PEDRO

In this article, ace Judicial Editor HENRY OJELU tracks the humble beginnings and meteoric rise of the newly sworn-in Lagos State Attorney-General and Commissioner for Justice, Mr. Lawal Pedro SAN and concludes that his recent appointment as the Chief Law Officer of Nigeria’s commercial capital is a fitting reward for hard work and diligence

In 1987, Mr. Lawal Mohammed Alade Pedro, SAN, was just an ordinary State Counsel (Level 8 Civil Servant) in the Lagos State Ministry of Justice. Fresh from the prestigious Ahmadu Bello University, Zaria with a 2nd Class Upper Degree in Law and the Nigerian Law School, his initial plan was to spend just two years in the Ministry and move back to private practice.

That plan was however put on a pause button as the young hardworking Lagos boy applied his heart to the job and rose to become the Solicitor-General of Lagos State and Permanent Secretary Ministry of Justice in 2008.

In the same year, he was conferred with the prestigious rank of Senior Advocate of Nigeria, SAN. He thereby became the first State Counsel in the Public or Civil Service of Lagos and any State in the Federation of Nigeria to be conferred with the rank of
SAN.

Today September 13, 2023, His Excellency Babajide Sanwo-Olu the Governor of Lagos State appointed him as the Attorney General and Commissioner of Justice. Again, the first of his kind to rise from State Counsel to become Commissioner in the same Ministry. Pedro’s rise is indeed a story of hard work, perseverance and dedication to duty. No doubt, he deserves an award or honour for this feat.

ROYAL BLOOD
Born on October 6, 1961 in the Brazilian Quarters Area of Lagos Island to the families of Libento Momo Pedro and Ojutiku-Ewunmi-Oshodi and Ambose Branch of Akinsemoyin Royal Family of Lagos, Pedro attended the Christ Church Cathedral Primary School, Broad Street, Lagos from 1966 to 1972.

He proceeded to Anwar-Ul-Islam College formerly (Ahmadiyya College) Agege Lagos (1973 -1979) and Methodist Boys High School, Lagos (1980 -1981) where he obtained his West African School Certificate and Higher School Certificate respectively.

FIRST TASTE OF LAW PRACTICE
Upon graduation from the Ahmadu Bello University in 1985, Pedro attended the Nigerian Law School and was called to Bar in 1986. He had his mandatory National Youth Service, NYSC, from 1986-1987 as a Legal Officer in the Ibadan Western Regional Office of First Bank of Nigeria Plc. Thereafter he cut his teeth as a Barrister in the famous Chambers of Dele Akinmusuti & Co. which had offices in Ibadan and Lagos.

PASSION FOR SERVICE
When Pedro joined the Lagos State Ministry of Justice in December 1987, one of his major goals was to master the law and its application in upholding justice and equity. While some of his privileged contemporaries settled for less tasking roles, Pedro crisscrossed virtually all the directorates in the Lagos Ministry of Justice where he acquired knowledge and experience.

As a young State Counsel, Pedro was always among the first to resume duty and the last to leave office. He never rejected any file or posting or saw any extra task as too demanding. Within a few years of joining the Ministry, the files of his many successful litigations in court on behalf of the Lagos State Government was already attracting the attention of his bosses.

Aside from his personal case records, Pedro also made very huge contributions to the successful litigation of many landmark cases by successive Attorneys-General that headed the Ministry. These efforts earned him well deserved promotions culminating in him being appointed as Head of Civil Litigation Department in 2001. Pedro also led the team that successfully prosecuted the alleged killer of Mrs. Kudirat Abiola, wife of the acclaimed winner of the 1993 Presidential election, Chief Moshood Abiola.

As Director of Civil Litigation for many years, Pedro handled many cases that involved the State Government including land matters and administration which formed bulk of the cases litigated upon, resolved and settled in collaboration with the Lands Bureau. He was also a member of the State Land Excision Committee.

FLOODS OF RECOGNITIONS
In recognition of his exceptional hard work and dedication to duty, Pedro was elevated ahead of his seniors at the Bar and Service in the Justice Ministry to the position of Solicitor-General and Permanent Secretary, Ministry of Justice in 2008.

As a further validation of him deserving more than just a promotion in the Ministry, Pedro was awarded the prestigious rank of a Senior Advocate of Nigeria in December 2008.

OUTSTANDING SERVICE UNDER THREE ATTORNEYS-GENERAL
Pedro had the rare privilege to have served under three Attorneys- General of Lagos State. When former Vice President, Prof Yemi Osinbajo, SAN was Attorney-General of the State, Pedro was his Director of Civil Litigation and recorded many landmark victories in court on behalf of the state government.

When Mr. Olasupo Shasore, SAN, took over the office, Pedro was his Solicitor-General. As Solicitor-General to Shasore, Pedro was among the team that came up with lofty programmes in the Ministry, some of which are pathfinders for other states.

When Mr. Adela Ipaye also became an Attorney-General, Pedro was his
Solicitor-General and Permanent Secretary. Under Ipaye, Pedro amongst other things, fought for retention of vote of charge known as ‘State Cases and Brief’ in which cases involving the Lagos State government were expeditiously prosecuted.

RICH RESUME OF OTHER SUNDRY DUTIES
Pedro served in various committees on Physical planning and urban development in the State. He was responsible for most of the litigations in courts on Physical Planning matters and policy. As Solicitor-General of the State, he was a statutory member of State/Local Government Joint Account Committee (JAC).

As Permanent Secretary of Ministry of Justice he was responsible for processing the clearance for appointment of Obas and other Traditional Chiefs in the State for the Attorney-General before the Governor’s approval. He also served as a member of the State Business Ways and Means Committee aimed at improving service delivery and efficiency by reducing the cost and time of doing business in Lagos State.

SPEAKING TRUTH TO POWER
Although Pedro was working for the Lagos State Government, he was never afraid to stand his ground when he believed that the government was wrong or liable in any legal dispute. He was never afraid to speak truth to power. One instance of this rare disposition of a government officer was when Justice Habib Abiru who is now at the Court of Appeal delivered a judgment against the Lagos State Government. Being the Director of Civil Litigation at the time, Pedro was directed to appeal the judgment but he insisted that there was no basis for appeal because that would be a waste of taxpayers’ money.

President Bola Tinubu, who then was the Governor of Lagos State and an ardent respecter of the rule of law, with the support of the Attorney General at the time, accepted his decision. Pedro suggested to the state government to find another solution to the problem because there was no basis for clogging the court system with an appeal that he knew was dead on arrival.

Another instance of Pedro’s stand for justice irrespective of whose side he is on, was when the Ministry of Justice introduced the Community Service Scheme. A seminar was recommended to be held on a week-day for magistrates to understand the scheme -a situation that would have required that the entire magistrate court in the state be shut down.

Pedro vehemently kicked against the date for the conference and insisted that it was unwise to hold it on a day that would have made the Judiciary close down the whole of the Magistrate court, especially because some inmates of correctional centres could have a call over, and if the magistrates did not sit on that day, persons presumed innocent would still have to be returned to custody. Although some persons in government grumbled over his position, the then Chief Judge agreed with him, and the event was held on a Saturday. Many other instances abound where Pedro proved himself as not just a proponent of the rule of rule for the transformation of the society but one who stands by the truth and does what is right at all times.

MEDIATION EXPERT, AUTHOR
Pedro is not just a regular law practitioner, he is also a Fellow, Chartered Institute of Arbitrators Nigeria and was an examiner of the Institute and a Certified Mediator. He is also avid writer an author of law books, prominent amongst his publication is a book titled “Jurisdiction of Courts in Nigeria” which is currently a bestseller in Nigeria.

ACTIVE ROLE IN PARTY POLITICS
As a member of All Progressives
Conference, APC, Pedro served as the Legal Director in the Independent Campaign Group (ICG) of the party in 2019 and again in 2023 as the Legal Director in the Independent Campaign Council (ICC) of the party in Lagos State for the election of Tinubu/Shettima and Sanwo-Olu/ Hamzat. He was the immediate past Chairman of the Appeal Panel for the Local Government Primary Election in Lagos State.

RETURN TO BASE
With Pedro’s return to the Lagos State Ministry of Justice as Attorney-General and Commissioner of Justice after eight years of successful adventure to pursue the private practice dream his paused, Lagosians can be rest assured that the right man with the drive to dispense justice and equity to all, is in full charge of the very crucial department of government. As one who was among the team that laid the foundation for the many law reforms and innovations that Lagos State is witnessing today, Pedro is definitely coming to office knowing quite well what he is coming to do. He is a tested and trusted hand and will surely ensure justice for all.

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SAN RANK: LPPC SHORTLISTS 69 APPLICANTS

The Legal Practitioners’ Privileges Committee has released a shortlist of 69 applicants for award of the coveted rank of Senior Advocate of Nigeria (SAN).

The LPPC is now inviting the public to raise possible petitions against any of the shortlisted applicants.

Some of the names on the 69-man shortlist include Folashade Abosede Alli, Abiola Isiaq Oyebanji, Bomo Olakunle Agbebi, 7. Daniel Osinach Uruakpa, Felix Ota Offia, Lawrence Bankole Falade, Kingsley Osabuohein Obamogie amongst others.

According to a notice obtained by CITY LAWYER, the Legal Practitioners’ Privileges Committee (LPPC) by this notice announced the shortlisting of Applicants who qualified after the Advocates 1st and 2nd Filtration Stages, Academic pre-qualification, Academic 2nd filtration Exercise, the Independent Appeals Hearing and Chambers Inspection Exercise.

The final stage of the process will see the LPPC interview the applicants before announcing a final shortlist of awardees for the 2023 conferment exercise.

“All qualified shortlisted Applicants are graded under two-category systems by the Legal Practitioners’ Privileges Committee, namely Advocates and Academic Applicants respectively.

The shortlisted Applicants in the two categories are follows:

SHORTLISTED ADVOCATE APPLICANTS IN ORDER OF SENIORITY AT THE BAR

1 FELIX OTA OFFIA, ESQ

LAWRENCE BANKOLE FALADE, ESQ
KINGSLEY OSABUOHEIN OBAMOGIE, ESQ
FOLASHADE ABOSEDE ALLI, ESQ
ABIOLA ISIAQ OYEBANJI, ESQ
BOMO OLAKUNLE AGBEBI, ESQ
DANIEL OSINACH URUAKPA, ESQ
OSELOKA GODWIN OSUIGWE, ESQ
BABATUND E ADEOYE, ESQ
BABSEYI SIGISMUND JOSEPH, ESQ
EMMANUEL MOSES ENOIDEM, ESQ
KEHINDE OLUFEMI AINA, ESQ
NGOZI CHIDO OLEHI, ESQ
AARON CHILEOKWU OKOROMA, ESQ
IBRAHIM DALHATU ANGULU, ESQ
OLAYIWOLA EMMANUE L AFOLABI, ESQ
SULE SHU’AIBU,ESQ
ABIODUN OLANREWAJU OLALERU, ESQ
ALFRED OLUFEMI ATTEH, ESQ
KAZEEM ADEKUNL E SOBALOJU, ESQ
SHEHU WADAABDULLAHI, ESQ
BAMIDELE IBIRONKE OLAWOYE,ESQ
OLUWASEYILAYO AKINKUNMI OJO, ESQ
FUNMI FALANA, ESQ
FELIX TAMARA UDENKE MEFA OKOROTIE, ESQ
OLUWAGBENGA SEUN AJAYI, ESQ
FRIDAY RAMSES AKU ONOJA, ESQ
JOHN AGADA ELACHI, ESQ
BOLA RAZAQ GOLD, ESQ
PAUL KASIMANU WAMAD UEMENE, ESQ
RAFIU OYEYEMI BALOGUN, ESQ
OLUWOLE ALADEDOYE, ESQ
PAUL YN OSOBHASE ABHULIMEN, ESQ
JONATHAN TAIDI GUNU, ESQ
TOCHUKWU JUDE ONYIUKE, ESQ
OLUKAYODE ABRAHAM AJULO, ESQ
CHRISTPHER ADAPAR UMAR , ESQ
CHIBUEZE OGECHI OGBONNA,ESQ
YEMI ADEWALE M’SBAUDEEN ADESINA, ESQ
OMOYEMI LATEEF AKANGBE, ESQ
OLUMIDE AKIN WALE OLUJINMI , ESQ
MUSA ADAMU ALIYU, ESQ
FIDELIS CHUK WUNONYE MBADUGHA, ESQ
ONYEMAECHI CHKWUDI ADIUKWU, ESQ
IKECHUKWU PHILIP ONUOMA, ESQ
YAKUBU PHILEMON, ESQ
JOHNNY UGWUGWAYE AGIM, ESQ
ALIYU LEMU IBRAHIM, ESQ
49 . ISAIAH BOZIMO, ESQ

PRISCA OZOILOESIKE, ESQ
YAHAYA DAN’ASABE DANGANA, ESQ
ADEOLA OLUWASEUN ADEDIPE, ESQ
ADEDAYO SAMUE LADEDEJI, ESQ
CHIKAOSOLU OJUKWU, ESQ
MUSAAHMED ATTAH, ESQ
AYOTUNDE FOLUSO OGUNLEYE, ESO
OLAYEMI BADEWOLE, ESQ
SHORTLISTED ACADEMIC APPLICANTS IN ORDER OF SENIORITY AT THE BAR

PROF. JOHN ALEWO AGBONIKA
PROF. OSY CHUKWU CHUKWUNYERE NWEBO
PROF. NLERUM SUNDAY OKOGBULE
PROF. NNAMDI ONYEKA OBIARAERI
PROF. MOHAMMED LAWAL AHMADU
PROF. NATHANIEL AHAGBUE INEGBEDION
PROF. VIOLET AIGBOKHAEVBO
PROF. BABATUNDE ADETUNJI ONI
PROF. CHIMA JOSEPHAT UBANYIONWU
PROF. GANIYU ADEYEMI OKE
PROF. BENEDICTA LOPEZ DAUDU
PROF. OMONIYI BUKOLA AKINOLA
“The General Public is at liberty to comment on the integrity, reputation, and competence of the above-listed Applicants.

Any complaint(s) presented to the Legal Practitioners’ Privileges Committee must be accompanied by a verifying affidavit deposed to by the author before a Court of Record in Nigeria” the Notice reads.

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PROF. NDIFON: FIRST LADY WADES IN, MINISTER ALLEGES THREATS

  • 6 WITNESSES TESTIFY ABOUT SEXUAL HARASSMENT
  • VARSITY INVITES NDIFON TO TESTIFY TODAY

The First Lady, Senator Oluremi Tinubu has waded into the sexual harassment case against suspended Dean of Faculty of Law, University of Calabar (UNICAL), Prof. Cyril Ndifon, CITY LAWYER can authoritatively report.

Meanwhile, the Minister for Women Affairs, Mrs. Uju Kennedy Ohanenye has told CITY LAWYER that no less than 10 persons have called to threaten her over the sexual harassment scandal.

Following a two-day sitting by the probe panel set up by the university authorities, no less than six current and former students of the university as well as a UNICAL lecturer have testified that Ndifon sexually harassed them. Twenty-seven witnesses including students and lecturers have appeared before the probe panel, nearly all accusing Ndifon of sexual harassment, marginalisation or financial misfeasance. The panel has invited the embattled Law teacher to testify at 10 o’clock today.

Ohanenye told CITY LAWYER that the First Lady has ordered a thorough investigation into the allegations, adding that the First Lady has also assigned her Special Adviser on Women Affairs to follow through on the matter.

The Women Affairs Minister said she is however being “scandalized” due to her commitment to get to the root of the matter. She stated that her quest to thorughly investigate the matter was being misconstrued, adding: “How can I want the man to go free if he has committed such hideous crime” I only want the truth to prevail especially after hearing from the 3 girls that the VC sent me their numbers.

“I equally sent an official memo to acknowledge the extra one week the VC said they would (need to) round up the investigation and told her to please go on and send the report to me, Minister of Education and to the SA to First Lady on Women.

“I can never as a mother support evil on innocent children, and will take a drastic action if the man is found guilty. Let the truth prevail and let justice be done to put an end to this menace.”

Though Ohanenye told CITY LAWYER that she had also spoken with Ndifon who vowed that there are no specific sexual harassment complaints against him,

Meanwhile, the UNICAL Vice Chancellor of the University, Prof. Florence Banku Obi has told CITY LAWYER that the mandate of the panel remains intact. She stated that she rebuffed the minister’s directive to hands-off the probe, noting that the mandate of the panel goes beyond sexual harassment.

She said that she has approved a two-week extension requested by the panel to conclude its probe, adding: “I told the Honourable Minister that I would send her a comprehensive report. But she cannot give me a deadline to submit the report. The mandate of the panel encompasses both sexual harassment and other academic issues as raised by the protesting students. It is an internal issue of the university. When the panel submits its report, I will submit it to my supervisors. I know the Honourable Minister is interested in the sexual harassment aspect; I will present that aspect of the report to her. We have not foreclosed any aspect of the investigation.”

An online petition seen by CITY LAWYER had accused Ohanenye of tampering with some of the witnesses, even as it urged citizens to call the minister to order.

The petition reads: “Prof. Ndifon saga, Faculty of Law UNICAL: +234 803 801 xxxx. Please let’s feel free to generously call Uju Kennedy, Nigeria’s Minister of women affairs and ask her why she’s interfering in an ongoing panel of investigation to investigate sexual harassment and violation of UNICAL regulations.

“She’s calling young students who testified, intimidating them and offering favours in exchange for SILENCE.”

In an audio tape made available to CITY LAWYER, the Women Affairs Minister was alleged to have told a survivor that “If your VC makes you go and lie against somebody you will go to jail. Trust me, I personally will put you in jail. I want you to be very careful because your future is at stake.”

The minister however told CITY LAWYER that the allegation of interference is false, saying: “What I want here is justice. I do not know him. I even had to send him a text message to introduce myself when initially he didn’t pick my call.

“I did not want to take the issues on face value. Prof. Ndifon told me that nobody has accused him of rape or sexual assault. I then asked the Vice Chancellor to provide me with contacts of the alleged survivors. I spoke with three of them and none admitted that they were raped or sexually assaulted.

“When I confronted the Vice Chancellor with their testimonies, she said they were now focusing on academic fraud. I have taken up the matter with the Education Minister. Prof. Ndifon has asked us to send him a formal letter and he would come and testify. I remain unshaken. We will get to the root of all this to see that justice is done.”

CITY LAWYER recalls that the embattled Law teacher has since dragged the university to court, alleging a witch-hunt by the Vice Chancellor. He urged the court to reinstate him to his deanship position.

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HOW ENDLESS SQUABBLES DIMINISH STATUS OF ONCE REVERED NBA

The Nigerian Bar Association (NBA) just finished its 63rd yearly general conference and issued excellent resolutions in its communiqué about national harmony, security, economy, and rule of law. But behind that lies a fetor of disunity among its national executive officers that pre-dates the current leadership and showing no signs of abating, writes JOSEPH ONYEKWERE.

That there is disunity among the NBA national officers is not a secret, but how and when such visible disagreements will end for members of the noble profession, is perhaps the conundrum waiting to be disentangled.

As disclosed by the President of the NBA, Yakubu Maikyau during its general meeting in Abuja, at the heart of the imbroglio is the quest to access the funds of the association by some of the executives who believe that getting elected into national office is an opportunity to enjoy free funds.

During the tenure of Paul Usoro (SAN), he had open disagreement with the General Secretary, Mr Jonathan Taidi, who accused him of an attempt to “fleece” the association millions of naira, saying that he “blocked” the alleged scam. Some of the executive members backed him, but Usoro vehemently denied any wrongdoing.

Also, in the time of the immediate past president, Olumide Akpata, the General Secretary, Joyce Oduah took him on. When it festered, the NBA suspended her on grounds of gross misconduct. The suspension came after an emergency meeting was held by the National Executive Committee (NEC) of the Association. She challenged the suspension in court and was restored.

Earlier between 2012 and 2014 during the tenure of Joseph Daudu (SAN), the treasurer at that time, Mrs Funke Oluyede also had some bouts with him.
All those are beside the electoral conflict that has perpetually dogged the association and threatened to disintegrate it, such that the Nigerian Law Society (NLS), whose principal officers are senior members of the NBA, now exists.

Yet again, national officers last two weeks, expressed discontentment over the leadership of Maikyau, whom they accused of lack of transparency in the management of the affairs of the Association. Those who are unhappy are national treasurer, Mrs Caroline Ladidi Anze-Bishop; 2nd Vice President, Mr. Clement Ugo and the 3rd Vice President, Mrs Amanda Demechi-Asagba.

Firing the first shot, Mrs Anze-Bishop, who refused to endorse the audited account of the Association, said: “The report was prepared without my knowledge or involvement in anything. I have complained severally on August 15, 2023 at the National Executive Committee meeting in the presence of every national officer.

“The president said he does not require the consent of my office to run the financial affairs of this association in an exco meeting. Therefore, if that is the path he has decided to follow, respectfully, I am not the fit and proper person to stand before you and sign any financial document or stand here and give you a financial report.

“The NBA treasurer is not a member of the finance committee, stabilisation fund committee or any committee that has to do with the finances of the organisation. How then can I carry out my job?”

Continuing, she stated that financial memos were not passed through her office, but through the general secretary for presidential approval. The treasurer said it does not align with her conscience to endorse the financial report because she was never involved or informed about how they were arrived at, adding that the figures were unknown to her.

“I will not disrespect you by standing here to give you unknown figures because I do not know the true financial position of this association,” she declared.

Similarly, 2nd Vice President complained of being sidelined, while the 3rd Vice President asserted that decisions are being made without collective input.

In his response, the NBA president fires back, accusing the officers of intending to rip-off the association, adding that their intention was to put him at odds with his colleagues for simply blocking them from frittering away lawyers’ funds.

Maikyau, said that 3rd vice president and others expected him to pay from the Association’s money for two weeks stay at a hotel after the conclusion of a press briefing attended by national officers, but he simply objected to it.

“I know what it means for lawyers in rural areas to put together their bar practicing fee and after we have been elected for two years, the Association will now be fending for national officers,” he said, adding that he did not embezzle NBA money.”

Maikyau said some national officers sent him messages about going for the International Bar Association (IBA) conference in France and wanted him to pay for their membership, registration and other expenses but he declined. He presented a memo of the expenses the Association would have incurred had he approved the requests, which is N79, 710, 820 million.

According to him, he pays from his pocket to honour courtesy calls by public officers, even when he attends such with his aides. In addition, Maikyau said he also declined to give out loans to secretariat staffs who are in need but prefer to give from his personal funds.

“Financial reports that the treasurer has refused to sign is not prepared by me, but auditors. If there is any reason we have degenerated to this point, it is because of my respect for NBA funds,” he said, adding that some members of the executive have not forgiven him for refusing to share N40 million, which is part of the N50 million he received from undisclosed donor, in the name of the association unknown to any of them, but later informed them about it after deducting N10 million expenses incurred by officers during NEC meeting in Kebbi State.

Maikyau insisted that he would never approve money for any frivolous journey or hotel expenses in the name of the NBA. “If you are an elected national officer, you don’t live off the association. Go and do your work, when you are needed, you come and serve the Association.

“Volenti non fit injuria (to a willing person, it is not a wrong). You are the one that signed on to serve, so don’t complain that you don’t have time for your work.

“Some of the national officers including the 3rd vice stayed two weeks in a hotel paid from the bar practicing fee and also given per diem of N30,000 every day for the period that she stayed behind, and wanted me to pay, I said I will not pay,” he declared.

Vocal lawyer, Olajide Abiodun, said the internal wranglings have become a source of concern to lawyers, as they threaten the association’s unity, effectiveness, and reputation.

To address these issues, he said, it is crucial for the NBA to consider reforms that balance power, establish transparent governance processes, and promote collaboration among executive committee members.

“Only by addressing these challenges head-on can the NBA continue to fulfill its vital role in the legal community and society at large,” he said.
According to him, one of the key issues contributing to these disputes is the significant power vested in the office of the NBA President.

The President, he noted, wields considerable authority, which, if not managed effectively, can lead to a perception of authoritarianism and exclusion of other executive committee members. His words: “Calls for reform have emphasised the need to balance the powers of the President with checks and balances to prevent potential abuse.

“Recent incidents, such as the Treasurer’s revelation of her duties being taken over, underscore the dissatisfaction among executive committee members. These conflicts extend beyond financial matters, revealing deeper issues related to decision-making processes, authority distribution, and teamwork within the NBA leadership.

“While the accusations against the NBA President don’t directly involve financial misappropriation, they raise questions about financial transparency and accountability. The lack of clarity regarding the association’s financial status adds complexity to the ongoing disputes.

“It’s imperative for the NBA to establish clear financial processes and ensure that financial reports are accessible to all executive committee members.”

Abiodun warned that the recurring internal wranglings have the potential to tarnish the Association’s reputation because lawyers and members of the legal community expect the NBA to exemplify professionalism and sound governance.

“Prolonged disputes and power struggles can erode public trust and confidence in the organisation, affecting its ability to advocate effectively for legal matters and serve its members,” he declared.

For former NBA chairman, Ikorodu branch, Adebayo Akinlade, the squabbles have been there for many years, and it shows that the NBA can no longer keep the structures that it currently has.

Lawyers, he said, should not be driving the administrative aspect of the association, but should be left to professional administrators where the lawyers are elected to oversee the job.

According to him, the NBA is too big for nine lawyers to run the whole administrative process, adding that it has become imperative to allow other law societies to exist.

“NBA has outlived its time because when it was created, it has probably less than 500 lawyers and now we have almost a million lawyers and the association can no longer hold the space of legal parties and the profession in entirety.

For Abdulaziz Chuba Ogbui, a lawyer, the NBA cannot effectively play its role of checking excesses of government and powerful people against the downtrodden if its divided due to in- fighting.

“They should close ranks not just for the Association’s interests but for the society, especially the ordinary people who look up to them as their voice. The opinion of the NBA on any burning issue is usually weighty and government does not take such views for granted,” he stressed.

Pointing out the reason for the brawl, Lagos based lawyer, Wahab Abdulah said majority of the executive members have their own political groups or camp which form the basis of which they campaigned and win election.

He argued that the moment a member of a team wins an election and another team or their members fail, those who are in majority, particularly, the office of the president will harbour some ill feelings among themselves. Abdulah noted that money and personal ego, oftentimes contribute to the endless crisis.

Human rights lawyer, Toluwani Adebiyi stated that the defence put up by Maikyau was an eye opener to the shameful fact that 99 per cent of public office seekers in Nigeria are not seeking office to serve or make sacrifices, but with eyes on public money to embezzle and indulge in other calculated self-interests.

“On the President’s decision to spend his personal money in undertaking or carrying out official responsibilities, Chief Obafemi Awolowo did something familiar as Premier of Western Region by riding in his own personal car, living in his personal house and maintaining them while in office with his personal resources.

“He didn’t receive furniture allowance, no killing of two cows per day with government money, no going to government organised parties with girlfriends branded as PA’s and compensated from government purse, but what we have today, is a complete reverse of such uncommon sacrificial and selfless service.

“On the other hand, if other executive members decide not to spend personal money to execute official responsibilities approved by the Association, they have not committed any sin, because not everybody can be like Awolowo,” advised.

He called for prudence in the management of the Association’s funds, adding that the undue advantage and excessiveness of executives mentioned by the President is a direct reflection of the decadence of the present-day society.

“It is quite unfortunate that Maikyau finds himself among strange beings, with different thinking and focus, they cannot work together in the same boat. It is quite sad and unfortunate,” he lamented and commended him for disclosing the N50 million and refusing to share it despite pressures from his executive members.

  • Culled from THE GUARDIAN newspaper

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‘FAKE LAWYER’ TO BE ARRAIGNED IN LAGOS COURT MONDAY

An alleged fake lawyer who was apprehended within the premises of High Court of Lagos State, Epe, Lagos will be arraigned at the Yaba Magistrates Court on Monday.

A news release made available to CITY LAWYER and signed by the Publicity Secretary of the Nigerian Bar Association (NBA), Epe Branch, Mr. Ayo Ademiluyi stated that the arraignment of one Bello Oni Ibrahim earlier scheduled for last Friday was postponed to Monday.

Titled “MEDIA ADVISORY ON PLANNED ARRAIGNMENT OF ARRESTED FAKE LAWYER IN HIGH COURT, EPE TOMORROW, FRIDAY, 8TH SEPTEMBER, 2023 AT YABA MAGISTRATE COURT,” the earlier statement added that “Mr. Omotayo Omosehin, the Chairman, Nigerian Bar Association, Epe Branch was at the State Criminal Investigation and Intelligence Department (SCIID) yesterday (6/9/2023) to interface with the Deputy Commissioner, who confirmed to him that the Police has concluded its investigation, and the suspect would be arraigned at the Yaba Magistrate Court tomorrow (8/9/2023) for prosecution.

“The Nigerian Bar Association, Epe Branch will be there to watch brief for the Bar and we look forward to your esteemed presence.”

The matter is being handled by the State Criminal Investigation and Intelligence Department (SCIID).

The latest statement reads:

RE: MEDIA ADVISORY

PLANNED ARRAIGNMENT OF ARRESTED FAKE LAWYER IN HIGH COURT, EPE RESCHEDULED TO MONDAY, 11TH SEPTEMBER, 2023

The planned arraignment of a fake lawyer, by name, Bello Oni Ibrahim arrested within the premises of the High Court, Epe has been rescheduled to Monday, 11th September, 2023 at the Yaba Magistrate Court by the State Criminal Investigation and Intelligence Department (SCIID), Panti, Yaba, Lagos State.

Signed
AYO ADEMILUYI ESQ.,
Publicity Secretary, Nigerian Bar Association, Epe Branch
For: Nigerian Bar Association, Epe Branch

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TRIBUNAL VERDICT: TINUBU LEGAL TEAM DEBUNKS RUMOURS

The Tinubu Presidential Legal Team (TPLT) has offered explanations over its watermark on the widely circulated copies of the judgement of the Presidential Election Petition Court (PEPC).

The matter has been trending on “X” (formerly Twitter) with “TPLT” as hashtag.

But a statement by TPLT Coordinator Babatunde Ogala (SAN) said there was nothing untoward about the watermark.

It debunked insinuations that the watermark is evidence that the judgment was written by the team, saying that “Counsel to the petitioners will also appreciate the fact that the insinuations being circulated in some quarters are untrue, unkind, unfair, and unfortunate, as they have the same certified copies of the judgment as we have.”

Below is the full text of the statement.

“Following some mischievous insinuations being made in certain quarters regarding the innocuous water-mark of copies of the consolidated judgment of the Court of Appeal with the inscription -“Tinubu Presidential Legal Team ‘TPLT’”, it has become necessary to offer this clarification.

“After the delivery of judgment in the 3 (Three) election petitions by the Court of Appeal on September 6, 2023, the Court directed its registry to make physical copies of same available on September 7, 2023.

“Accordingly, the Tinubu Presidential Legal Team applied for a certified true copy of the said judgment and paid the prescribed fee.
Lawyers for PDP were present at the registry at the same time to collect the same judgment.

“In fact, the representative of the PDP collected the first copy that was made available by the registry.

“On collecting our own copy, we immediately scanned and water-marked with the inscription – “Tinubu Presidential Legal Team ‘TPLT’” before circulating the scanned soft copies to the lawyers in our team.

“The certified true copies issued to us and other parties in the petitions by the registry do not contain the said inscription and any insinuation to the contrary is untrue.

“Counsel to the petitioners will also appreciate the fact that the insinuations being circulated in some quarters are untrue, unkind, unfair, and unfortunate, as they have the same certified copies of the judgment as we have.”

Babatunde OGALA, SAN; OFR.
Coordinator, TPLT

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EXPENSES: NBA SPOKESMAN COUNTERS MAIKYAU, SAYS ‘I’M NOT A THIEF!’

The Publicity Secretary of the Nigerian Bar Association (NBA), Mr. Habeeb Akorede Lawal has distanced himself from allegations of sleaze made against National Officers by NBA President, Mr. Yakubu Maikyau SAN at the recent NBA Annual General Meeting.

CITY LAWYER recalls that Maikyau had lampooned National Officers, saying that their grouse against him was hinged on their quest to fleece the assocaition of its hard-earned money.

But in an unprecedented rebuttal made available to CITY LAWYER, Lawal stated that Maikyau’s defence against allegations made by some National Officers tarred all the officers with the same brush, adding: “I have watched the video of the President’s referenced comments at the AGM over and over again and it will simply suffice to state unequivocally that I am well groomed and I am not a thief.”

He stated that he has had to refund N2.635 million “mistakenly transferred to me on 31/1/2023,” adding that “mistakenly transferred to me on 31/1/2023.”

The full text of the “disclaimer” is below.

ALLEGATIONS OF NBA PRESIDENT AGAINST NATIONAL OFFICERS AT THE 2023 NBA ANNUAL GENERAL MEETING: A PERSONAL REBUTTAL

Distinguished Colleagues,

I begin by stating that I have enjoyed a good working and personal relationship with the President of the Nigerian Bar Association (NBA), Mr. Yakubu Chonoko Maikyau, OON, SAN.

Every day, I see him working hard and sincerely doing all he can for the betterment of the NBA, its members, and the legal profession in Nigeria.

However, for the sake of posterity and my personal integrity, it has become pertinent for me to address some concerns that emerged from the President’s remarks during the course of the recent Annual General Meeting (AGM) of the NBA which held on 31/8/2023.

In reacting to some allusions contained in the reports of the 2nd Vice President, 3rd Vice President and Treasurer, the NBA President had stated that the grouse of the said National Officers stemmed from the fact that he refused to misappropriate the Bar Practicing Fees paid by members by spending same on National Officers.

While I do not believe that it was the intention of the NBA President to particularly demean my person or bring me to disrepute as a National Officer of the NBA, Mr. President’s remarks in the heat of the moment portrayed ALL national officers in the same negative light, without exception.

First, the NBA President stated that National Officers stayed over time in hotels in Abuja, thereby incurring unnecessary expenses on the account of the NBA.

Secondly, he stated that National Officers at a meeting attempted to share a Fifty Million Naira (N50,000,000.00) donation for a meeting of the National Executive Council which held in Kebbi.

Thirdly, he said that National Officers wanted him to sponsor them to the International Bar Association (IBA) Conference at huge cost to the NBA.

These are weighty allegations of corruption and gross abuse of office.

I, Akorede Habeeb Lawal, refute these allegations in so far as they concern my person and my office as the NBA Publicity Secretary.

With all sense of responsibility and humility, if anything, I have been prudent and transparent in all my dealings as far as my official roles are concerned. I will explain further.

(a.) Refunds of NBA Money by me:

I see this office as a privilege that cannot be indirectly or willingly abused. The President did mention that over Fifty Million Naira (N50,000,000.00) has been spent on National Officers since the inception of this administration. I, however, wish to place on record that I have neither applied for nor received any amount from the NBA except my flight fares and per diem (when I am on official duties – which were infrequent), and these are as determined by the Accounting Department of the NBA. Instead, on two different occasions since the inception of this administration, I have called attention to some monies I believe were wrongly sent to me, and I accordingly returned same to the NBA purse.

The first was the sum of Two Million, Six Hundred and Thirty-Five Thousand Naira (N2,635,000.00) which was mistakenly transferred to me on 31/1/2023.

Without any prompting, I called the Accounting Department’s attention to this. Upon a check, the Department realised the error, and I accordingly returned the fund to the NBA’s Admin Account on 3/2/2023. The receipts are attached in the PDF Copy below.

The second instance had to do with the sum of Two Hundred and Ninety Thousand Naira (N290,000.00) which I received on 14/7/2023 as supposed out-of-pocket expenses (to cover flight and accommodation) for the attendance of the NBA Section on Public Interest and Development Law (SPIDEL) conference. The NBA President had posited before the conference that National Officers ought not to be sponsored for such conferences with NBA funds. I, therefore, attended the conference without expectation of any sponsorship. At about the time the SPIDEL conference held in Ikeja, Lagos, I was handling some election petitions before the Election Tribunal sitting in Ikeja, Lagos. My clients had for that purpose availed me accommodation and logistics for appearance at the Tribunal. I therefore incurred no out-of-pocket expenses that the NBA had to pay for. I called the attention of the General Secretary to these facts, and I requested that a mail be sent to me requesting a refund of the said sum. I accordingly refunded the sum of Two Hundred and Ninety Thousand Naira (N290,000.00) to the NBA’s coffers. The mail thread is also attached in the PDF copy.

(b.) Allegation of Overstaying in Hotels:
This concern was raised by the NBA President in one of the earlier meetings of the National Executives, when he complained about some National Officers (not including me) who had over stayed in hotels. To that extent, the NBA President directed the Secretariat to develop an accommodation request web form that must be completed and approved by him before a National Officer would be accommodated on the account of the NBA.

Since the introduction of this form, I, Akorede Habeeb Lawal, have been dutiful in completing same upon receiving the form via Whatsapp from the designated NBA Staff. I would seek and obtain the NBA President’s permission through this form before I embark on any official duty. These records are readily available at the NBA Secretariat. The latest of such dutiful consideration by me was sometime in August, 2023. Attached to the PDF copy is the screenshot of my latest Whatsapp interaction with the designated NBA Staff in this regard.

(c.) Allegation of attempts to share N50,000,000.00 Donation:
The NBA President also stated at the AGM that National Officers at a meeting [while he was away from the meeting] agreed and informed him upon his return of their suggestion to share a certain Fifty Million Naira (N50,000,000.00) donation for the NEC Meeting held in Kebbi. The said National Officers’ meeting held on 15/8/2023. Every other person was physically present at the meeting, except me, as I was constrained to join virtually. However, due to the fallibility of network, I was not available and present all through the meeting.

I therefore wish to categorically state that I was not present at the material time that the said suggestion was allegedly made. My only participation at the meeting in the President’s absence was to clarify to the Assistant General Secretary (who took minutes) my suggestion at an earlier meeting that election of National Officers should probably be limited to only the offices of the President and General Secretary, since the President would often complain of the expenses the NBA incurs on logistics for National Officers and some National Officers would also complain of not being carried along in the administration.

I only got wind of facts relating to the sharing of the Fifty Million Naira (N50,000,000.00) donation when the President mentioned upon his return to the meeting (and I rejoined the meeting virtually) that he would not be sharing the Fifty Million Naira (N50,000,000.00) with and amongst National Officers. For emphasis, I never requested or suggested at any time that any amount belonging to the NBA be shared amongst its officers. I have no reason to do this. The minutes of this meeting is a verifiable evidence of this fact.

(d.) Allegation of requesting for NBA Sponsorship to the International Bar Association (IBA) Conference
The NBA President further stated in his remarks that National Officers sent him messages requesting for sponsorship to the IBA Conference. I wish to place it on record that, I, Akorede Habeeb Lawal, did not send the NBA President any message requesting or soliciting for sponsorship to the IBA Conference.

Also, until Mr. President’s remarks at the AGM, I was not aware that any memo was prepared and submitted for my participation at the IBA Conference.

In any case, I would not have, in the ordinary circumstance of my personal schedule, been available to travel to France for the conference because I have family engagements outside Nigeria slated for about the same time the conference will be holding.

CONCLUSION
Distinguished colleagues, I have watched the video of the President’s referenced comments at the AGM over and over again and it will simply suffice to state unequivocally that I am well groomed and I am not a thief.

As a National Officer, I may not be stupendously rich, but I am contended and I do not live off the NBA funds. And in asking for your votes, I did not target our Association’s funds. I have no reason to do this as the Almighty God has been kind and gracious to me and my modest law practice.

I will not recount the modest sacrifices that I have made in the course of my service to you, our esteemed members. In fact, I am privileged to make those sacrifices because serving as your Publicity Secretary is one of the greatest honours of my life.

After the pains of the last few days, I have also come to accept this incident as one of the sacrifices of leadership.

I, however, need to make this Disclaimer because of the personal value of true service that I hold dear and to encourage every young persons (sic) that may have second thoughts about making themselves available for service, because of incidents of this nature. I have therefore resolved that this incident will only spur me to rededicate myself to your service for the remainder of my term and I will continue to abide by the oath of office I subscribed to about a year ago when I was sworn in as your Publicity Secretary.

Thank you!

Akorede Habeeb Lawal
National Publicity Secretary

TRIBUNAL: ‘I HAVE ASKED OUR LAWYERS TO APPEAL JUDGMENT’ – PETER OBI

The presidential candidate of the Labour Party, Mr. Peter Obi has asked his team of lawyers to appeal the judgment of the Presidential Election Petition Court (PEPC).

In a statement obtained by CITY LAWYER, Obi said: “Our legal team has already received our firm instruction to file an appeal against the decision. I shall not relent in the quest for justice, not necessarily for myself but indeed for our teeming supporters all over the country whose mandate to us at the polls was regrettably truncated by INEC.”

Below is the full text of the statement.

H. E. MR. PETER GREGORY OBI, PRESIDENTIAL CANDIDATE OF LABOUR PARTY SPEAKS ON THE 2023 PRESIDENTIAL ELECTIONS PETITION COURT (PEPC) JUDGMENT

September 7th 2023
Onitsha, Nigeria

  1. Yesterday, 6 September 2023, the Presidential Election Petition Court (PEPC) finally delivered its long-awaited judgments on the Petitions challenging the outcome of the presidential election held on 25 February 2023. This judgment was delivered within the statutory time frame under the extant statutes. We acknowledge the Court’s contributions to due process and the seeming attempt to strengthen our democracy.
  2. As petitioners in this case, we respect the views and rulings of the Court, but we disagree with the Court’s reasoning and conclusions in the judgment it delivered. It is my intention as a presidential candidate and the intention of the Labour Party to challenge this judgment by way of appeal immediately, as allowed by the Constitution of the Federal Republic of Nigeria.
  3. The PEPC has rendered its judgment, but that esteemed body is not the final arbiter. The responsibility now falls on the Supreme Court. I do know that judgment is not coterminous with justice. I implore Nigerians to remain focused, steadfast, and peaceful; and to abide by the rule of law and understand that this matter has not reached its logical conclusion.
  4. Our legal team has already received our firm instruction to file an appeal against the decision. I shall not relent in the quest for justice, not necessarily for myself but indeed for our teeming supporters all over the country whose mandate to us at the polls was regrettably truncated by INEC.
  5. The strength and value of our democracy reside in solid national institutions and our confidence in them. Electoral litigations will be almost unnecessary and nonexistent if the Independent National Electoral Commission (INEC) discharges its statutory functions creditably, transparently and with discernible fairness. When that body fails, as it did recently, thus subverting the will of Nigerian voters, the recourse to the judiciary becomes imperative, as is now the case.
  6. I thank every Nigerian who has supported our cause and campaign for a New Nigeria characterized by fairness, equity, justice, the rule of law, peace, prosperity, inclusiveness, sustainable growth, and development. A New Nigeria is possible and achievable. I especially thank our legal team, the Labour Party and Obidient Family and all those who showed up daily during the court trials. God bless you all, and God bless the Federal Republic of Nigeria.

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LASUTH/EVERCARE: LAGOS LAWYER FOR BURIAL SEPTEMBER 15

The Lagos lawyer who died due to alleged negligence by Evercare Hospital, Lekki, Lagos and the Lagos State University Teaching Hospital (LASUTH) will be buried on Friday, September 15.

The 40-year-old lawyer, Mrs. Ijeoma Chizoma, and her niece were wounded when their car was hit by a somersaulting vehicle around ELF axis in Lekki, Lagos. The six-year-old son of the deceased lawyer narrowly escaped death with head injuries.

According to family sources, the deceased lawyer would be laid to rest on September 15 while Service of Songs holds tomorrow at RCCG, The Place of Enlargement, Lekki, Lagos.

Mrs. Chinwe Chiazor, the elder sister of the deceased, told CITY LAWYER that first responders used a crane to remove her and other occupants from the accidented car. She was rushed to Evercare Hospital in Lekki alongside her niece.

Chiazor said that though the hospital stabilized Chizoma, who is also a member of the Nigerian Bar Association (NBA) Lagos Branch, and did medical investigation which indicated that she needed urgent surgery, it took hours deliberating on payment and refused to perform the surgery without receiving a N10 million fee for both patients.

“The accident happened around 8 pm,” she said. “I would also have been in that car. That I’m alive today is God’s grace. Ijeoma was unconscious and was bleeding internally.

“She was stabilized at Evercare Hospital. They sent for CTI scan and the result came out. They then told us that she needed to be moved into ICU for surgery. I deposited N300,000. They however insisted that we must pay N5 million each for Ijeoma and my niece, and that unless they receive the money, they would not commence the surgery.

“I noticed that my sister’s head was beginning to swell and they told me it was because of internal bleeding, that blood was being sucked into her head.

“I was crying; I was begging them to start the surgery. They asked, ‘What of the N2 million you said you and your husband will transfer?’ I told them that I can transfer N1 million to them immediately while my husband will transfer another N1 million first thing in the morning as he does not operate the banking App. This was around 12 midnight.

“Ijeoma’s company doctor, Dr. Nwogu came around 3 am and assured them that the company would take full responsibility and pay the bill immediately they resume work in the morning. They refused to do the surgery notwithstanding the guarantee given by their professional colleague and the company.

“As promised, the company transferred N10 million to Evercare in the morning. They now jerked the figure up to N30 million! They insisted on the N30 million, or they would do a referral. I do not know whether it was because they felt the company could pay more. They referred us to LASUTH.”

According to Mrs. Chiazor, her sister and niece were in a very bad shape by this time. “Our nightmare did not end with the referral as Ijeoma was not attended to for four hours at LASUTH. They told us that there were no doctors on duty. They wanted to use a fibrator to resuscitate her but had to rely on CPR instead as they said they did not have the equipment.

“My sister was in the ambulance for over four hours without any medical attention. It was only the nurse from the ambulance company that was attending to her until she died. What will I tell her six-year-old son? She fought; she wanted to live for her son!”

Both LASUTH and Evercare Hospital are yet to respond to the claims at press time.

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TRIBUNAL VERDICT: BIG TENT VOWS TO ‘OCCUPY NIGERIA’ SEPTEMBER 12

Following the judgement of the Presidential Election Petition Court (PEPC) headed by Justice Haruna Tsamani, the Big Tent Coalition has rejected the verdict and vowed to “Occupy Nigeria” on September 12.

The group also rejected what it described as President Bola Tinubu’s usurpation of power and its endorsement by the judiciary.

In a statement, the group stated: “We are further alarmed that our electoral commission organised an election with support from organisations who funded them like the European Union, whose election-monitoring reports clearly stated that the election was a farce but was blatantly ignored by a court system that says they did not prove the point. This is anarchy that we are moving toward, and so we are alerting the world that our institutions have failed the people and our nation is on a downward slide to fascism.”

At a consultative meeting of the global leadership of The Big Tent in response to the judgement of the tribunal, it also resolved to mobilise Nigerians “to take their country back.”

It called on all Nigerians everywhere across the globe to come out on Tuesday, September 12 to occupy wherever it is that they choose to occupy to avoid the relapse of the country into fascism.

It stated: “We now know we do not have a judiciary, but we cannot let our country collapse, so Nigerians across board must now arise to take back Nigeria. It is time to use the internet and other resources to mobilise all kinds of groups across the country to get Nigerians of all shades to reject the impending doom and strongly state that we cannot accept this present order. If we say it enough, something will give.

“The Big Tent encourages Nigerians to raise slogans such as SLAVERY IS NOT AN OPTION, AND IF WE DIE, WE DIE, develop mobilisation specific to groups. Nigerians are encouraged to occupy wherever it is they choose to occupy, and emphatically state that we cannot let our country collapse.”

While addressing the leadership of Big Tent, Professor Pat Utomi noted that fascism is targeted terrorism and fascists act like bullies who bully again and again after each success.

According to him, “It’s now happening in our clime, which we first saw with the elections (on February 25) because through bullying, people forced their way and procured results (which was announced on March 1 at 4.10 am). The judiciary has been dead for some time. I participated in a conference of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) about three months ago and I saw former presidents of the NBA repeatedly describing the Nigerian judicial system as a joke. I called for restraint but after today (PEPT judgement), it is clear that even the lawyers know we don’t have a judiciary anymore.”

The founder of Big Tent also stated that “It is now impossible to save Nigeria without a focused resistance otherwise fascism will go from bullying this person to that person. Look at even the media as they have decided that certain media are not welcomed in the presidential villa. So we can only but expect more and more of this, and the only solution is RESISTANCE. There needs to be resistance from the diaspora, resistance from within, resistance from the youth, thought leaders. You cannot build a country on lies, on criminality and expect it to go anywhere.

“The Big Tent is resolute in its determination to champion the cause to take back our country because what is worse is to do nothing, recognising that it is the excuse the usurpers are using to deceive the world that the Nigerian people have moved. We urge the Nigerian people to show that they have not moved on because there are genuine reasons why to accept this status quo is to move to the end of Nigeria. The naked truth is that we are fighting for the soul of Nigeria right now.

“We therefore enjoin all well-meaning Nigerians to join us as we also embark on a massive education of the people, because even as we encourage and mobilise to get on the streets it is important to reach the soul of the people who are getting on the streets to make them understand why they are getting on the streets. Nigeria is already effectively a criminal enterprise because the crop of the present leadership elite involved in making major leadership decisions are persons of questionable character.

“We are also not unmindful that our country is not isolated and can be sucked into what is going on in the continent – the anger of the young people of the continent of Africa. If we do not move in a controlled manner we may end up like Somalia, which is why we should all feel agitated and have the sense of urgency about how we suggest that Nigeria cannot continue like this.

“We encourage the many support groups of the Big Tent, Civil Society Organisations, pressure groups, organised labour, students, young professionals, diaspora communities, to quickly develop clear and lucid arguments to alert the world on what is happening in Nigeria. Groups should as a matter of necessity and enlightened self-interest mobilise and show why it is important to say that our country cannot continue like this on the road to Somalia.

“It is important that the world knows that the people are dealing with the end of their country because they have been pushed to the wall, and are going ahead to do what they think is important to save their country no matter what anybody is saying to them.”

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25 YEARS A SAN: GADZAMA CELEBRATES, WINS MEGA LAWSUIT

Life Bencher and former Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN celebrated his 25 years of conferment with the coveted rank of Senior Advocate of Nigeria winning a $600 million lawsuit for his client.

This was heralded by a colloquium and book launch attended by leading lights of the Bar and Bench who joined the senior lawyer to mark the day.

The Court of Appeal delivered its judgment in the appeal filed by J-K Gadzama LLP on behalf of the Honourable Minister of the FCT & Ors. against the decision of the FCT High Court which had held the FCTA liable to pay over $600M with interest to Kohath Property Development Company Limited for alleged breach of contract.

Despite the order of stay of execution pending appeal by the FCT High Court and an appeal against the decision, Kohath had taken steps to commence enforcement of the judgment at the Rivers State High Court, Bori.

The court had granted the garnishee order absolute towards the enforcement of the judgment though there was a pending appeal and an order for stay of execution pending appeal by the same Court that delivered the judgment.

However, the Court of Appeal in its judgment remitted the matter to the FCT High Court to be given an expeditious hearing. The appeal was heard by Hon. Justice O. E. Williams-Dawodu, Hon. Justice U. A. Ogakwu and Hon. Justice J. Y. Tukur.

Meanwhile, the Chairman of the Body of Benchers, retired Justice Mary Peter-Odili has commended Gadzama for his giant strides, saying: “This colloquium and book launch of Chief J.K. Gadzama upon the attainment of 25 years as a senior advocate of Nigeria is an epochal achievement. It is no doubt appropriate that the team is ‘The Nigeria of our dreams: A call to the patriots.’ I say so in light of the prevailing situation in Nigeria as a result of the 2023 general elections which has generated a lot of storms necessitating the conversation we are about to indulge in as there seems to be a move to draw the nation into chaos or conflagration.

“This may be brought about by some individuals and groups who fan the embers of hatred, bigotry, and tribalism and fail to see the possible outcomes of utterances without caution that are being thrown around.”

Although the retired judge accepted that as humans it hurts when one feels cheated in a contest, she added that once a person is declared a winner irrespective of the grievances and shortfalls, such do not justify the destruction of the country.

She added: “I am confident that having such persons here including our chief host, Chief J. K. Gadzama, there is confidence that at the end of the day, a resetting of the mind would take place and we will keep things in perspective in the full knowledge that elections are seasonal and litigation relating thereto of the same vain and so, when the seasons are gone, the court gets back to their natural and regular duties of adjudication regarding the affairs, and rights of all persons irrespective of their status in life.

“J. K. Gadzama SAN has called us to this discussion lest we forget our past, the recent happenings in our country, and the need for a restoration of the ethos and the values for which the founding fathers have set a motion as a guide to all of us young and old irrespective of the positions we occupy in their society, we all have to get our axes together and rebuild our nation.”

The colloquium and book launch were hosted by the Minister of Education, Prof. Tahir Mamman, SAN and attended by Justice Mary Peter-Odili who was the Chairperson of the occasion; Chief Wole Olanipekun SAN, the Guest Speaker; Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN (Special Guest of Honour). Others are His Royal Highness Shehu of Borno, Abubakar Ibn Umar Garbai Al-Amin El-Kanemi; His Imperial Majesty, Deji of Akure Kingdom, Oba (Dr.) Aladetoyin O. Aladelusi;  His Royal Highness, Emir of Uba, Alhaji Aliyu Ibn Ismaila Mamza II; Labour Minister, His Excellency, Simon Lalong, and the former Governor of Adamawa State, His Excellency Bala James Nggilari.

Others are former Governor of Bauchi State, Mohammed Abdullahi Abubakar, SAN; former Minister of the Federal Capital Territory, Abuja, Arch. Ibrahim Bunu; Chief Adegboyega Awomolo SAN and his wife, Victoria Awomolo SAN; the 2nd Vice President of the Nigerian Bar Association, Clement Chukwu Emeka (Democrat); NBA General Secretary, Mr. Adesina Adegbite; immediate past Chairman of NBA-SPIDEL, Dr. Monday Ubani; pioneer NBA-SPIDEL Secretary, Mr. Victor Nwakasi, and Chief C. P. Oli among others.

In his speech, the Guest Speaker said: “I have known the celebrant for quite a long; he is one of the few to have achieved this feat in the legal profession and I cannot say for once when he disrespected me or has shown discourtesy to any member of the legal profession. He is patient, humble and lifted of the Lord. That is J-K, and that is what his name means to me.”

Midway into the event, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN unveiled the books titled “J-K Through the Cases” and “Compendium of Articles in Honour of J-K Gadzama, SAN”. He noted that the books are resources not only for now but also for future generations.

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EXCLUSIVE: TINUBU REINSTATES COUNCIL OF LEGAL EDUCATION, NHRC, NIALS BOARDS

President Bola Tinubu has approved the reinstatement of the boards of three public institutions under the Federal Ministry of Justice, reversing an earlier Presidential directive which dissolved the boards of Federal Government parastatals, agencies, institutions and government-owned companies.

This is sequel to a request for exemption of the boards of some statutory agencies under the supervision of the Federal Ministry of Justice.

In a letter sighted by CITY LAWYER and dated 4th September, 2023, the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mrs. Beatrice Jedy-Agba stated that President Tinubu granted exemption to the boards of Council of Legal Education (CLE), National Human Rights Commission (NHRC) and Nigerian Institute of Advanced Legal Studies (NIALS).

Signed by the Solicitor-General, the letter was directed to the office the Secretary to the Government of the Federation and copied to all the chief executives of the three institutions.

Justice sector stakeholders had poked holes in the dissolution of the boards. It was noted that the NHRC governing council led by Dr. Salamatu Husseini went through Senate screening and confirmation in June 2021, even as it was almost midway through its tenure.

While stakeholders had queried the dissolution of the NIALS board traditionally headed by an incumbent Chief Justice of Nigeria, it was also argued that the Council of Legal Education board was dominated by non-Federal Government institutional representatives comprising the 36 State Attorneys-General, 16 representatives of the Nigerian Bar Association (NBA) and a Dean of an accredited Faculty of Law. The Federal Government has only five representatives as members of the council, namely the Chairman, Director-General of the Nigerian Law School, and three persons appointed by the Attorney-General of the Federation.

The recall of the Chief Emeka Ngige SAN-led Council which was inaugurated by the immediate past administration on 15th May, 2023 for another 4 -year tenure also became urgent due to pressing tasks including impending approval of Bar Final Resit results and subsequent Call to Bar ceremonies of successful students slated for the 10th and 11th October, 2023.

It will be recalled that President Tinubu had on 21st June, 2023 exempted the National Drug Law Enforcement Agency (NDLEA) and National Agency for Food and Drug Administration and Control (NAFDAC) from the list of dissolved boards of Federal Government parastatals, agencies, institutions and government-owned companies.

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‘WE NEED MERIT-BASED SYSTEM FOR APPOINTMENT OF JUDGES,’ SAYS ETIGWE UWA

CITY LAWYER AGENDA FOR JUSTICE SECTOR REFORM SERIES

Nigeria’s justice sector is beset by a myriad of challenges ranging from delay in administration of justice to heavy dockets that confront increasingly overworked judicial officers.

Other issues include lack of judicial autonomy and inadequate resources, poor investigation, overhang in the awaiting trial population and low level of adoption of technology and innovation, to name a few.

Against the backdrop of these longstanding challenges and the swearing-in of a new Attorney General and Minister of Justice, CITY LAWYER asked eminent Bar Leaders and justice sector stakeholders to plot a blueprint on the priorities to be tackled by the new Chief Law Officer.

MR. ETIGWE UWA SAN has an established reputation as an authority in Nigerian aviation law. He was Lead Counsel responsible for drafting the Civil Aviation Act and the subsequent declarations made by Nigeria in pursuance of the Cape Town Convention. He has an established reputation as an authority in Nigerian aviation law and was lead counsel responsible for drafting the Civil Aviation Act and the subsequent declarations made by Nigeria in pursuance of the Cape Town Convention. He has also represented various clients in several notable dispute resolution transactions.

THE BLUEPRINT

  • The Attorney General and Minister of Justice needs to focus on restoring faith in the justice delivery system. Judicial officers are grossly under remunerated. He needs to work to ensure there is real financial autonomy for the judiciary and that judges welfare is prioritized.
  • He needs to enforce the rule of law and observe zero tolerance for disobedience to court orders.
  • The appointment process for judicial officers has to be completely overhauled. A merit based system which reduces to the barest minimum the observance of federal character in respect of appellate court appointments so that any judge who makes it to the High Court of his state should compete on a level playing field for appointment to the Court of Appeal and Supreme Court using merit based selection criteria and processes.
  • The law enforcement and prosecution powers should not be concentrated in one agency or authority. He needs to champion the respect for human rights and focus on recommending executive bills which if passed into law would promote business and foreign investment.

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NBA DELIVERS MEDICAL AID TO 2000 PATIENTS

NEWS RELEASE

UPDATE ON NBA MEDICAL OUTREACH IN PARTNERSHIP WITH KEBBI STATE GOVERNMENT AND GARKI HOSPITAL

Esteemed Legal Professionals and Honored Members of the Bar,

We are nearing the conclusion of the medical outreach program, a collaborative effort between the Nigerian Bar Association, led by President Y. C. Maikyau, OON, SAN, and overseen by the National Welfare Committee, under the guidance of Emeka Ozoani, SAN. We are delighted to report that we have provided assistance to over 2000 individuals, including performing more than 120 major and minor surgeries, dispensing various medications, and conducting essential tests, all without any cost to the beneficiaries.

Notably, our medical team graciously facilitated the delivery of a set of twins for one of the beneficiaries, free of charge.

The medical outreach is scheduled to conclude on the 7th of September, 2023, with our aim to extend support to an additional 1500 beneficiaries.

Henry Barnabas Ehi, MICA
Head of Media/Publicity Subcommittee
NBA National Welfare Committee

‘WHY I WANT TO SUE LAWYER OVER N4OM CLAIM,’ BY ADEGBITE

  • SAYS MAIKYAU ONLY TOLD HIM ABOUT ANONYMOUS DONATION

Nigerian Bar Association (NBA) General Secretary Adesina Adegbite has debunked a claim that he was given N40 million by NBA President Yakubu Maikyau SAN to lodge into NBA account.

A senior lawyer and Bar activist Echika Ejido had asserted in a statement made available to CITY LAWYER that Maikyau “received N50 million gift in cash on behalf of the Association and gave N40 million to the General Secretary to deposit for the Association after deducting N10 million which he incurred within that time.”

But Adegbite vowed that the claim “is not only misleading, it is indeed mischievous, malicious and embarrassing.”

Below is the full text of the rebuttal by Adegbite.

RE: NBA LEADERSHIP BROUHAHA: A REJOINDER TO MAZI ECHIKA’S FALLACY

My attention was drawn late in the evening of Monday, 4th September, 2023 to a publication by Mazi Echika Esq, a legal practitioner based in Abuja. In the said pupublication which was widely circulated on several WhatsApp platforms and other social media platforms, Echika without making efforts to get his facts right, stated that the NBA President gave the General Secretary the sum of N40m to deposit into NBA account. This fallacious account of Echika is not only misleading, it is indeed mischievous, malicious and embarrassing.

To clear the air and deflate the falsehood that Echika’s write up appears to have promoted as countless members of the Association including Senior Advocates of Nigeria have been calling me to confirm the story, it is imperative that I emphatically state that the story is absolutely untrue. For the avoidance of doubt, I hereby reproduce the offensive paragraph in Mazi Echika’s publication below:

‘The NBA President also made a shocking revelation of how he received N50Million gift in cash on behalf of the Association and gave N40 million to the General Secretary to deposit for the Association after removing N10 million he incurred within that time.’

To put the record straight, I state unequivocally as follows:

  1. Firstly, the President did not give me the sum of N40m or any sum whatsoever, be it in Naira or foreign currency, to deposit into the NBA account.
  2. Secondly, it is true that the President informed me about the donation he received from an anonymous source, I know nothing about how the money was paid into the NBA account.
  3. Thirdly, the records of the meeting which speaks for itself will reveal that the President never at any point in time in the course of the AGM made such a statement that he gave the General Secretary money to pay into the NBA account.
  4. Fourthly, assuming without conceding that the President made such statement, Echika should provide evidence/transcript of where and when the President made the statement.
  5. Lastly, for clarity of record, it must be stated categorically that I, Adesina Adegbite, the General Secretary of Nigerian Bar Association by the Grace of God and popular mandate of our members, has never and SHALL never demand that any money belonging to the Association be paid to me for reason other than official entitlements and refunds.

May I therefore advise Echika who ordinarily ought to have reached out to me or seek accurate account of what transpired at the AGM before embarking on a voyage of willful misrepresentation, to immediately retract the statement which has caused me unwarranted pains, embarrassment and inconveniences, as I’ve had to deal with hundreds of calls and messages within the last few hours as a result of his erroneous publication.

It is my hope that Echika who ordinarily should be my friend would do the right thing and immediately retract this reckless statement that has caused me undeserved hardship and embarrassment. Failure to do so will certainly leave me with no choice than to resort to instituting an appropriate legal action accordingly.

Adesina Adegbite, FICMC
General Secretary, Nigerian Bar Association

BREAKING: BODY OF BENCHERS DEROBES SENIOR LAWYER

The Body of Benchers has derobed Chief Vincent Okey Udah for professional misconduct.

According to a report by News Band, the Body of Benchers, sitting as the Legal Practitioners Disciplinary Committee (LPDC), delivered its ruling today following a petition by one Chief Maduabuchi Okafor.

The report stated that Udah had earlier been derobed in the United Kingdom for allegation bordering on fraud.

While details of Udah’s infraction remain sketchy, it was gathered that he was absent at today’s hearing.

CITY LAWYER investigation showed that Udah practised in the United Kingdom as “Okey Udah & Co.” and was cited in the case of “The Law Society of England and Wales V Habitable Concepts Ltd & Anor.”

CITY LAWYER notes that this is a developing story.

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TINUBU: ‘WE WILL TELEVISE PETER OBI, ATIKU JUDGMENTS,’ SAYS APPEAL COURT (SEE NOTICE)

The Presidential Election Petition Court (PEPC) will on Wednesday, September 6 deliver judgment on petitions against the declaration of Ahmed Bola Tinubu as the winner of the February 25 presidential election.

The court had reserved judgment after the petitioners – the Peoples Democratic Party and its standard bearer, Atiku Abubakar and Peter Obi and the Labour Party closed their cases in June after calling 40 out of the 150 witnesses earlier listed in their petitions challenging the victory of the All Progressives Congress and the President.

The court also reserved judgment on the petitions filed by the Allied Peoples Movement (APM) against President Tinubu’s declaration as the winner of the election.

The court consolidated the three standing petitions against the victory of the President-elect, Bola Tinubu. The court merged the petitions submitted by the various political parties while giving the pre-hearing report on the petition and presenting the trial schedule.

The petitions are marked: CA/PEPC/05/2023, CA/PEPC/04/2023 and CA/PEPC/03/2023. The court said the move became necessary because the petitions dealt with related issues in the election.

In a public notice obtained by CITY LAWYER and signed by its Chief Registrar Umar M. Bangari, the Court of Appeal – which doubles as the Presidential Election Petition Court – wrote: “The Court of Appeal wishes to inform the General Public that judgment in the following petitions before the Presidential Election Petition Court will be delivered on Wednesday 6th September 2023: CA/PEPC/03/2023 between Mr. Peter Gregory Obi & Anor VS. Independent National Electoral Commission & 3 Ors; CA/PEPC/04/2023 between Allied Peoples Movement VS. Independent National Electoral Commission & 4 Ors; CA/PEPC/05/2023 between Abubakar Atiku & Anor VS. Independent National Electoral Commission & 2 Ors.

“In a bid to promote transparency and openness, these judgments will be televised live by interested Television Stations for the public to follow.

IMPORTANT NOTE: Access to the Court premises will be strictly on accreditation. Only accredited individuals, including Counsel and representatives of Political Parties, will be granted access into the Courtroom. Interested members of the public are advised to watch proceedings from their television sets.

“For accreditation and further inquiries, please contact: Josephine on 08037052260 or Samira on 08164483081.

“We appeal for the maximum cooperation of the General Public to ensure a hitch-free exercise, please.”

At about 4:00 am on March 1, 2023, the Independent National Electoral Commission (INEC) declared Senator Bola Ahmed Tinubu as the winner of the February 25, 2023 presidential poll on the grounds that his party—the All Progressives Congress (APC)—scored the highest votes cast at the poll and that he secured not less than one quarter of the votes cast in each of at least two-thirds of all the states in the Federation and the Federal Capital Territory (FCT) as required by law.

In the results announced on March 1, 2023, Tinubu polled 8,794,726 votes representing 36.61% of the total votes cast at the election to emerge victorious.

Atiku who came second scored 6,984,520 representing 29.07% of the votes cast, while Obi scored 6,101,533 representing 25.40% of the votes cast during the disputed election.

Rabiu Kwankwaso of the NNPP came fourth with 1,496,687 representing 6.40% of the votes cast. Princess Chichi Ojei, the only female presidential candidate in the election was not near the first four as she pooled a lean 25,961 votes.

However, the Obi and Atiku, in their respective cases, are challenging the election on the basis of INEC’s failure to carry out electronic transmission of results from the polling units.

They also contended that Tinubu failed to secure a majority of votes cast in the election and 25 percent of votes cast in the federal capital territory (FCT) which they argued is a constitutional requirement for a candidate to win the election.

Another issue raised by the petitioners is that the APC vice-presidential candidate, Kashim Shettima, had a double nomination both as vice-president and as senatorial candidate for Borno Central.

PROF. NDIFON BREAKS SILENCE, PANEL HEARS ‘SURVIVORS’ TOMORROW

Embattled University of Calabar (UNICAL) Law teacher, Prof. Cyril Ndifon has penned an elaborate statement in response to widespread allegations of sexual assault levied against him by past and present students of the Faculty of Law where he held sway as Dean of Law until recently.

Ndifon has also dragged the university to court, asking for a perpetual injunction to restrain the panel from investigating the allegations against him.

Meanwhile, the 7-member Investigative Panel set up by the university authority to probe sundry allegations against the suspended Dean of Law will begin hearing tomorrow.

Contrary to the claim by Ndifon that he has not been confronted with any petition bordering on sexual assault, the Chairman of the panel and a Professor of Philosophy, Prof. Dorothy Oluwagbemi-Jacob told CITY LAWYER that several sexual assault complaints have been received by the panel following its request for memoranda.

Saying she was “shocked” at the move by Ndifon to stall the probe, Oluwagbemi-Jacob said she had expected the embattled Law teacher to take the opportunity offered by the university to clear his name.

She stated that the panel is merely a “fact-finding panel and not a disciplinary committee,” adding that its mandate is purely investigatory.

According to Jacob, “We will start hearing witnesses tomorrow. The Zoom link is for alleged survivors. Some are not in Nigeria and some are not even in Calabar. The issue of confronting him with the complaints does not arise at this stage. The complaints are being made to the university authority. The alleged survivors are reporting to the university; the students protested to the university. It is when we begin taking witnesses that he will be offered an opportunity to respond to their testimonies. We will hear all parties. There will be no confrontation.”

She declined to state the number of sexual assault complaints already received by the panel, noting however that it would be fair to all parties. Her words: “Nobody has any interest in this matter. Many entities have been granted Observer Status. The Vice President of NBA is an observer; the International Federation of Women Lawyers has a representative; the Police Public Complaints Unit (Gender Section) has a representative. Our work is entirely transparent.”

UNICAL Vice Chancellor, Prof. Obi had told CITY LAWYER in an exclusive interview that Ndifon was recalled after he was accused of raping a 20-year-old student in his office based on a court judgment.

An Abuja based senior lawyer and UNICAL Law graduate, Nelly Idagba told CITY LAWYER in an exclusive interview that she was sexually harassed by Ndifon.

In the statement obtained by CITY LAWYER, Ndifon claimed that he was being hounded by the university’s Vice Chancellor, Prof. Florence Obi. Turning to the allegation of sexual assault, he stated that no specific complaint has been levied against him, adding that Obi has engaged in shopping for witnesses against him.

Below is the full text of his statement.

Unical Law Faculty Sex Allegation Saga: My Side Of The Story – Prof Ndifon

INTRODUCTION

I have watched with passivity how my name and integrity has been tarnished in social, print and electronic media in the past few weeks over a phantom protest that was stage-managed by the Vice Chancellor of the University of Calabar, Professor Florence Banku Obi, her family and cohorts in the Faculty of Law of the university. I have now elected to react to the ugly events.

GENESIS OF THE PROBLEM
The conspiracy to remove me not only as Dean of the Faculty of Law, but also as an academic staff of the university is predicated and informed by the following reasons:

•Unfounded Grievances:
These are grievances by some academic staff in the Faculty of Law, who are over-ambitious to become the Dean by hook or crook, but unable to win any elections for that purpose, those who were asked to return the Faculty’s vehicles in their custody as well as those who complained that they were not being carried along.

•Speakership Tussle
The loss of the Vice Chancellor’s son – Rt. Hon. Hilary Bisong – of the chance of becoming the Speaker of the Cross River State House of Assembly, which the mother apparently is blaming Rt. Hon. (Associate Prof) Jacob Otu Enyia for frustrating his son’s chances and ambition.

•The Promotion of Rt. Hon. (Ass. Prof) Jacob Otu Enyia, KSJI, to Rank of Professor

My insistence at the Central Appointment and Promotion Committee, CAPC, meeting of 2022 held in 2023 that Dr. Jacob Enyia should be promoted to the rank of Professor since he is eligible in accordance with the requirements as stipulated in the university’s Conditions of Service 2014 did not go down well with the Vice Chancellor. She openly told me not to present him before the Appointment and Promotion Committee. However, on the day after this incident, I visited the Vice Chancellor in her office in my bid to change her insistence of not allowing to present Dr. Jacob Enyia. On that occasion she told me that “Dr. Jake needs Speaker not Professorship.” In fact, on the floor of the Appointments and Promotions Committee meeting, a Professor colleague advised that I stay off Boki politics. It is the thinking of some that I will be stumbling block to the investigation of Dr. Otu Enyia since the Vice Chancellor has set up a committee for that purpose.

UNFOLDING EVENTS TO REMOVE ME

•The Vice Chancellor’s Meeting with Academic Staff of the Faculty
Within a period of two months and some days – 30th of May, 2023 to 14th of August, 2023 – the Vice Chancellor held two meetings with the academic staff of the faculty. The meeting of the 30th May, 2023 was held with all academic staff, while that of the 14th August, 2023 was held with Senior Lecturers and Professors on the pretext of resolving administrative issues in the faculty. In both meetings the issue of sexual harassment was never raised and or discussed.

•Vice Chancellor’s Personal Verbal Attack
At both meetings of the 30th May, 2023 and 14th August 2023, I was the primary target of the attack by the Vice Chancellor: She accused me during the 30th May 2023 meeting of not supporting her to become the Vice Chancellor, while in the 14th August 2023 meeting, she accused me of being a cultist and that I was planning to kill her and further alleged that I was colluding and holding nocturnal meetings to remove her from office as the Vice Chancellor. This was said in the open and in the presence of all those who attended the meeting. This outburst surprised me and I pointedly asked her the reason for such false accusation. She simply said she has said what she wanted to say. But I was vehement in my denials.

•Undue and Unwarranted Interference by the Vice Chancellor in the Administration of the Faculty

Since my assumption as Dean after the January 27, 2023 election, the Vice Chancellor has been agitated and quite unfriendly to me. Immediately after the said election, the Vice Chancellor’s, agent in the Faculty, Dr. Micheal Takim Otu, had through unguarded outbursts boasted that he would make the faculty ungovernable and ensure I am removed as Dean. Dr. Micheal Otu has characteristically always boasted of being the Vice Chancellor’s brother and village man; and that the Vice Chancellor will do anything he asks her to do. To corroborate this, there is an audio where Dr. Micheal Otu speaks about his close relationship with the Vice Chancellor and how he intends to “bring me down.”

The undue and unwarranted interference of the Vice Chancellor in the affairs of the faculty has manifested through:

(a) Office allocation – physical displacement of some academic staff to give an office to her village man, Dr. Micheal Otu;
(b) Involvement in assignment of courses (course allocation) to lecturers and included persons, who she had instructed us not to give courses to teach since there were not yet pay-rolled, lecture timetable and appointment of undergraduate project supervisors and allocation of supervisees;
(c) Appointment of course representatives;
(d) Law school admissions and
(e) Direct entry admissions, among others.

•Phantom Protest by Year One Students
This was organized or allowed by the Vice Chancellor in cahoots with her kinsman, one Mr Ben Otu, the LAWSAN President. This made it easy for them – the protesters – to have access to the Vice Chancellor’s block, an impossible task for any protesters in the regime of Prof. Florence Obi. Among the protesters was the Vice Chancellor’s niece, Miss Destiny Omokiti, who lives in the same house with her. The entire episode – a five-minutes show – was to embarrass my person and justify her subsequent actions of removing me from office and duties. It is curious that rather than the Vice Chancellor, the Deputy Vice Chancellor and some of my colleagues – in particular, Prof. Jacob Dada and Prof. Micheal Okom – being surprised by the demonstration, they were seen smiling and recording – videoing – the incident. The protesters were cajoled into the action by the LAWSAN President – who himself has admitted and apologized that the intention and purpose of the protest was not made known to the protesters. There have been many denials from students that this is not a LAWSAN, protest but a lone wolf act of the now suspended LAWSAN President. Many students have confessed that they were not aware of the ‘other purpose’ outside Law Journal, and that they were handed the placards which had other inscriptions by the President at the V.C.’s block as they alighted from the bus that conveyed them. The placards were written by the same person – the sole organizer of the protest – as we can see from the inscriptions, which has the same handwriting. What has the University done to this boy who lied and misled many? Nothing has been done; instead the LAWSAN “President” is being protected. One may wish to ask: Why was the complaint of law journal not brought to me first. What happened to DUE PROCESS?

QUERY AND SUSPENSION

•Query and Reply
On the 15th of August, 2023, I received a query, which was dated 14th of August 2023, the same day we had the meeting in the Vice Chancellor’s office to resolve complaints by my colleagues that I was not carrying them along. The said query, which – apart from the last item pertaining to the protesting students – was borne out of what we discussed and the Vice Chancellor had taken steps to resolve them by promising to set up committees to deal with them. She asked us to go back and work together.

It was to my shock, therefore, that the query, which was full of unnecessary insinuations dealt with one and the same issues which were resolved in the meeting. I was therefore constrained to reply to these allegations – if any – contained therein. I have copies of my query and reply here for your perusal.

•SUSPENSION
I was suspended immediately the authorities received my reply. This decision was clearly rash, hurried and vindictive. The entire process leading to my suspension took only three days – from query, reply and suspension. This is a record in the University of Calabar on matters pertaining to staff discipline. What is more worrisome about the suspension order is its scope. For instance by the suspension letter I am to “stay away from the university premises, except while responding to invitation from the Panel…” This is strange, unknown and vires her powers. This is a form of punishment as if I am a criminal and violates my right and freedom of movement. I am a Nigerian, this apart, my wife and wards are working and schooling/boarding in the university. This affects my family life and access to my family members and my freedom of movement. I am still a staff of the university and I have worked for the most part of my adult life in the university and rose to the rank of Professor; indeed, the Vice Chancellor’s desire for my pound of flesh speaks volumes. It shows someone who is bent on destroying all there is of me – my name, my family, community and state, as well as my marriage. This abuse of power leaves much to be desired.

•The Issue of Sexual Harassment
May I state that as at this moment I am not aware of any complaints of sexual harassment outside the query, which referenced the protest by year-one law students and the placards. I have also not been informed of any such complaints of sexual harassment, either by the Vice Chancellor or any other person. So I am left with this “sole allegation” based on placards by the protesters organized by the VC, some lecturers and LAWSAN President. In fact, in the various presentations at the meeting of 14th August 2023, I was never confronted with any documents or asked any questions respecting the issue, not even by the three students’ representatives, who came to address us. Unfortunately, the students’ representative spent their time abusing lecturers and telling us that the law lecturers were incompetent to teach them. When I protested at this insult, I was told by the VC that the students were not addressing me, but her and that there was nothing wrong with what they said. I was shocked. It was on that day I wept for the Faculty of Law that I have worked so hard to build and move them from the old building to their permanent site – the new edifice – Senator Victor Ndoma -Egba, SAN, Law Complex. However, from information reaching me, the Vice Chancellor has now embarked on the task of shopping for “victims.” She now visits the faculty almost every day begging students, alumni inclusive, to accuse me with a promise to do for them “anything” and “everything,” including providing confidentiality and anonymity if they can just implicate me. This is a simple case of let’s give a dog a bad name in order to hang it. Simply put, if there are no hard facts and evidence, make do with perception. Make the allegation and damn the consequences and people will run with it. This explains the media rounds the Vice Chancellor has been embarking on.

CONCLUSION
My name, family and community have been dragged through the mud. This I must clear. I have already taken some steps to clear my name and integrity at the appropriate quarters. I state very categorically that I am blameless. I am proud of what I have achieved and will not allow my hard earned name to be rubbished.

•Prof. Cyril Ndifon

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LAND GRAB: ACTIVIST ASKS NBA TO CALL ENUGU GOV TO ORDER

A senior lawyer and human rights activist, Dr. Dorncklaimz Enamhe has urged the Nigerian Bar Association (NBA) to wade into a land grabbing debacle between a retired Assistant Comptroller-General of Nigeria Immigration Service, an alleged land grabber and the Enugu State Government.

Enamhe made the call while speaking at a session at this year’s NBA Annual General Meeting (AGM) which held in Abuja recently. Ironically, Governor Peter Mbah was billed to attend the plenary session on Justice Sector Reforms as a Panelist but was absent.

He decried the demolition of the property of Bar. Okey Ezugwu, a senior lawyer and husband to a sitting judge of the Enugu State High Court, allegedly by one Oke Hyacinth Ayogu, Managing Director of Hymac Real Limited, with the support of Enugu State Government and some Army officers.

Though Ayogu had filed a civil suit asking the court to determine title to the disputed land, Enugu State Governor, Mr. Peter Mbah had directed the Enugu Capital Territory Development Authority (ECTDA) “to demolish every illegal structure encroaching on Plot P/23C at Independence Layout Enugu clearly delineated in in survey plan no. EN(E)658 with beacon nos. C5829, C8012, C29932 and C29933 covering total area of 6602.515 square meter (sic).”

The directive was contained in a letter by the Secretary to Enugu State Government, Prof. Chidiebere Onyia dated July 14, 2023 and addressed to the ECTDA Managing Director and Officer-in-Charge.

It is noteworthy that the directive followed an application by the state government to be joined in the lawsuit brought by Ayogu. The application was granted by the court on 27th January, 2022.

Instructively, in its Statement of Defence, the Enugu State Government denied allocating the land to Ayogu, saying: “In answer to the said paragraph 4 of the statement of claim, the 9th Defendant avers that the Plaintiffs are not in possession of Plot P/23C, Independent Layout, Enugu as neither the Governor of Enugu State nor the 9th Defendant nor any other person having their authority put the plaintiffs in possession of the said plot of land.” The 9th Defendant is the Attorney General of Enugu State.

Speaking on the demolition exercise, Enamhe urged NBA to be “more proactive” in confronting human rights matters, decrying a situation “where a serving judge’s husband’s house was brought down even when he has his allocation and was in court over it.”

Continuing, Enamhe who is also a member of the Governing Council of NBA Section on Public Interest and Development Law (NBA-SPIDEL), said: “It’s extremely saddening that lawyers in Enugu are not speaking up, rather they are coming to the conference to hold brief for their Governor who apparently didn’t ask them to hold brief for them. Moreso, the judge’s husband is also a senior lawyer.”

Decrying impunity and saying that he was also a victim of a similar action, Enamhe said: “I am very bothered about developments in our country. I brought to the NBA a situation where I had a discussion with my former Governor, Professor Ben Ayade and the next call I got was from the police and the DSS.”

When contacted, Ezugwu confirmed the development, saying that Enugu State Government did not give him any reason for the demolition of his property.

His words: “On Monday Hyacinth Ayogu came with soldiers and some officials of ECTDA and brutalized my workers. They equally brutalized me and when I reached out to 82DV of the Nigerian Army I was told that they are not in control of the soldiers that came to my house to brutalize me and my workers. I was confidently told that the soldiers were approved for him (Ayogu) by the Chief of Army Staff.”

“Sensing that the CCTV in my house recorded their brutality they went and carted away all the CCTV and my phones. They flushed everything in the phone before returning it but they are still with my CCTV cameras. After the incident the Secretary to the State Government, Prof Chidiebere Onyia invited all the parties and I showed him all my documents and allocation papers.

“Unfortunately, this morning the Okeh Hyacinth Ayogu rolled out caterpillars and excavators to my house and demolished my property. I am distressed that such impunity could take place in my own State under this administration.”

He wondered why the current administration would seek to “re-establish” an old survey plan over parcels of developed plots of land with all known government approval documents, saying: “It is difficult for me to fathom the conspiracy behind the whole thing. I have my allocation papers and C of O to the property. I have always paid my ground rent. I am a very loyal citizen of the State. The Governor is our father and our brother and I am using this medium to plead with him to take a passionate look at my case. I have tremendous respect for the new administration.”

It has been alleged that the Enugu State Government has permitted Ayogu to commence construction on the disputed property, and that he may have abandoned his lawsuit for determination of title and resorted to self-help with the backing of the Enugu State Government.

* 48-hour ‘Notice’ from Enugu Capital Territory Development Authority

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AFAM OSIGWE HARPS ON SYNERGY AT LAWSAN REUNION

NEWS RELEASE

Mazi Afam Osigwe, SAN Advocates Synergy Between Past and Present for a Brighter Future

-The Speech Highlights the Crucial Role of History in Shaping Tomorrow

Abuja, 2nd September , 2023.

In a compelling Keynote Address at the prestigious LAWSAN Past Leaders Reunion, the Keynote Speaker, Mazi Afam Osigwe SAN delivered an inspiring Keynote speech emphasizing the vital need for synergy between the past and the present to pave the way for a brighter and more prosperous future. The event, attended by esteemed past leaders and distinguished guests, resonated with a powerful message of learning from history to guide the way forward.

During the address, the keynote Speaker whose insights have long been valued in both academic and professional circles, underscored the profound wisdom in acknowledging our past as a foundation upon which we can construct a prosperous future. He eloquently argued that history serves as a treasure trove of lessons, a repository of experiences from which valuable insights can be drawn.

The speech drew attention to the belief that the synergy between the past and the present is where our true potential lies. The past provides the knowledge, the context, and the principles that can guide informed decision-making in the present. In contrast, the present moment is where those historical lessons come to life through innovative strategies and actions. The creative tension between tradition and innovation was portrayed as a driving force behind progress.

The audience, composed of current and former leaders, professionals, and community members, resonated deeply with the call for this synergy. The speech was a reminder that the past and the present are not isolated, but rather interconnected aspects of our shared narrative. It encouraged attendees to embrace the idea of drawing from history while navigating the complexities and seizing the opportunities of today.

The address left a lasting impression, prompting many to reflect on the importance of respecting history while actively shaping the future. It was an invitation to not only honor the legacy of those who have led before but to extend their influence as architects of a brighter tomorrow.

As attendees left the event, they carried with them a renewed sense of purpose and an unwavering optimism for the path ahead. The call for synergy between the past and the present, delivered by the distinguished guest of honor, Mazi Afam Osigwe SAN is sure to leave a lasting impact on the strategies and decisions that will shape the future of the organization and the community it serves.

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‘NBA AGM INCONCLUSIVE WITHOUT TREASURER’S REPORT,’ SAYS ECHIKA

NBA LEADERSHIP BROUHAHA: There is Something Fundamentally Wrong with Our System and Our Values

“The NBA President also made a shocking revelation of how he received N50 million gift in cash on behalf of the Association and gave N40 million to the General Secretary to deposit for the Association after deducting N10 million which he incurred within that time.”

At the inconclusive Annual General Meeting (AGM) of the Nigerian Bar Association held in MKO Abiola Stadium, the NBA 2nd Vice President Chukwuemeka Clement in his report to AGM, accused the NBA President, YC Maikyau SAN, of making his office redundant and inactive by assigning his traditional roles to Personal Assistants appointed by the President. He asked the AGM to rescue him from the oppressive hands of the President.

The NBA 3rd Vice President, Mandy Asagba in her report accused the NBA President of refusing to enable her office and taking alone, decisions which the whole executive is required to take collectively by law.

The NBA 3rd Vice President told the AGM that the Annual General Conference AGC and the AGM was planned, organised and executed by the President alone without the input of other Executive Committee Members. She also prayed the AGM to rescue her from the President.

The National Treasurer of the NBA Caroline Anze-Bishop shocked the AGM when she revealed that the Financial Report which she was asked to adopt at the AGM was not prepared by her. She had no input, as some other persons enabled by the President have taken over her duties.

This means that the AGM is inconclusive, as the financial status of the Association must be revealed, discussed and approved by the AGM which has the overriding power of the Association.

The NBA President, in his response to these accusations of abuse of office, didn’t deny the accusations but only presented a justification for his actions. According to the NBA President, the officers are fighting him because he refused to approve their request for money they incurred while serving the association and other monies they demanded. The NBA President preached that National Officers must use their personal money to serve the NBA and not expect refunds and incentives for doing a selfless service.

The NBA President also made a shocking revelation of how he received N50 million gift in cash on behalf of the Association and gave N40 million to the General Secretary to deposit for the Association after deducting N10 million which he incurred within that time.

This response by the President logically confirms the accusations of the National Officers that he runs the Association alone and without their input.

How can the NBA President receive 50 million Naira cash without the Knowledge of other National Officers? Is receiving 50 Million Naira cash not against Money Laundering laws? Is there no established financial process within the NBA of receiving and disbursing money? Is there no procurement process within the NBA? What is the role of the NBA Treasurer? So many questions will agitate the mind of an unbiased spectator following the NBA President’s response.

But shockingly, many lawyers don’t care. I see discussions among lawyers about fund misappropriation and the NBA President being frugal with NBA funds. How is that? The accusations are about abuse of office and taking over the offices of other National Officers with his many PAs and not about financial misappropriation.

How did these lawyers know that the NBA President is saving our money when the financial status of the Association was neither presented, discussed nor adopted? In any case, the aggrieved National Officers are saying that they are not in a position to know the state of the finance of the Association, having been frozen out of their own offices.

The NBA President practically admitted the accusations but justified them with his moves to save the funds of the Association. Unfortunately, we don’t know the financial state of the Association to determine whether the President’s justification has any substance.

The interesting revelation that came out of the President’s response is that he treats other National Officers with extreme contempt. Even though only three officers openly accused him, the NBA President accused the whole of the Executive Committee beside himself of attempting to squander the Association’s fund.

He even alleged that the NBA 1st Vice President (who didn’t accuse him) chaired an Exco meeting where the National Officers in his absence agreed to share N40 Million of the Association’s money. This accusation indicts all National Officers except him.

I think the logical discussion for NBA members now should be “What are the powers of National Officers and checks to these powers.” If the NBA President checks the excess of other National Officers powers, WHO CHECKS THE EXCESSES OF THE NBA PRESIDENT?

I read teacher Udemezue’s intervention wherein he attempted to deflect the seriousness of these accusations and issues by making it appear like “a traditional/normal occurrence” within the NBA by relating the present disturbing events with Olumide Akpata and Paul Usoro SAN NBA leaderships. I disagree entirely with Teacher’s analogy.

This is the only time since 1992 NBA crisis that an NBA AGM was inconclusive. Any analogy that seeks to deflect the seriousness of the issues confronting the present leadership of NBA by referencing to Akpata or Usoro Leadership is to me illogical and insincere. This is not time play to the gallery.

Any conscious Bar Man would have noted that most of the National Officers have been rendered redundant.

For example, we all know how active and vibrant Akorede Habeeb Lawal was in service of the NBA as Assistant Publicity Secretary under Paul Usoro SAN. He was so popular that he won our late colleague, Ogaga, who was also very popular as SA to Akpata in last year’s election for National Publicity Secretary. We are now witnessing the same Habeeb Lawal in this leadership almost opposite of what he was under Usoro SAN. Ordinary SMS containing daily programmes of events and sessions were not sent to delegates during this just concluded AGC, leaving many delegates confused. There must be a reason.

Another example is the fact that most of the information concerning accommodation and recreation for lawyers during AGC and indeed all NBA national functions is the traditional work of the National Welfare Secretary. Since this current administration, I haven’t seen our current Welfare Secretary sign any of those notices. There must be a reason.

The Current NBA Leadership needs urgent leadership counselling and tutorials. Let Bar leaders rally round our current leadership and save the Bar once again.

The NBA President is not accused of financial impropriety; he is accused of not providing leadership to his team, and his response admitted and tried to justify these accusations.

This should be the logical discussion and anything else is Petty Political Propaganda.

  • Mazi Echika Ejido, a member of NBA, writes from Abuja.

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NBA-AGC COMMUNIQUE: ‘WE’RE RESOLUTE IN PURSUIT OF JUSTICE AND GOOD GOVERNANCE’

COMMUNIQUE ISSUED BY THE NIGERIAN BAR ASSOCIATION AT THE CLOSE OF HER 63rd ANNUAL GENERAL CONFERENCE HELD FROM THE 25th of AUGUST TO 1st of SEPTEMBER 2023 AT THE M.K.O ABIOLA STADIUM, ABUJA

PREAMBLE

1/ The 63rd Annual General Conference with the theme “Getting it Right; Charting the Course for the Nigeria’s Nation Building” held at the M.K.O. Abiola Stadium, in the Federal Capital Territory, Abuja, Nigeria, from the 25th of August to 1st of September 2023.

2/ There were 16,340 (sixteen thousand three hundred and forty) registered conferees. The Conference comprised of 6 plenary sessions, 21 breakout sessions, 26 speakers, 99 panelists and 23 moderators.

3/ The Conference was declared open by His Excellency, President Bola Ahmed Tinubu, GCFR. The Keynote Speaker at the opening ceremony was Mr. Tony Elumelu, CFR, Chairman, Board of Governing Council, Tony Elumelu Foundation.

4/ The President of the NBA, Yakubu Maikyau, OON, SAN delivered the opening address.

Goodwill messages were received from:
• The President, Court of Appeal
• The Chief Judge, Federal High Court
• The Honourable Attorney- General of the Federation & Minister of Justice

5/ The Working sessions of the Conference focused on three main themes: Economy, Administration of Justice, and Security. After exhaustive discussions on the papers and extensive deliberations on the themes of the conference, the conference rose with the following observations and recommendations.

ECONOMY
Observations
6/ Conference observed that Nigeria’s economic potential has been constrained by many structural issues, including inadequate infrastructure, tariff and non-tariff barriers to trade, fundamental obstacles to investment, uncertain government policies and reluctance of previous governments to take the necessary bold steps required to achieve sustained economic growth.

7/ Conference expressed disappointment over Nigeria’s paradoxical situation of having natural resources that are not adequately utilised for Nigeria’s industrial development, one of which is clearly seen in the energy sector. Despite substantial gas reserves the nation is still unable to explore gas to achieve adequate electricity generation.

8/ Conference recognized Nigeria’s potential in terms of mineral wealth and human resources, emphasizing the enormous opportunities available. However, challenges like power shortages, oil theft, kidnapping, insecurity, and divisions among citizens have prompted the need for robust, long-term economic decisions to revive the economy.

Recommendations

9/ Conference resolved that sustained broad based economic growth and poverty reduction are critical to Nigeria’s economic growth and stability.

10/ Specifically Conference called on the Federal & State Governments to refocus efforts on infrastructure development, improve power generation, improve agricultural productivity, and expand jobs in rural areas. There should also be greater attention on youth employment through education and entrepreneurship skills training.

11/ Conference issued a cautionary message, highlighting the diminishing relevance of Nigeria’s current natural resources in the face of the imperative shift towards renewable energy solutions driven by climate change concerns. It stressed the urgency of embracing the new economic realities of the 21st century that will overshadow the significance of present natural resources.

12/ Beneficial policies for the revitalization of the Nigerian economy must be formulated and implemented for the sake of not just the current generation but for future generations as well. Some of these policies may have consequences that are not immediately comfortable but will be beneficial for the overall economy and in the long term. Citizens are therefore encouraged to be patient in the renewed hope for the development and growth of the economy of this great nation.

ADMINISTRATION OF JUSTICE
Observations

13/ The need to reform the justice sector has permanently been a subject of national discussion since Nigeria’s return to democracy in 1999. Several high-level committees were set up by successive administrations to review specific institutions within the justice sector. In particular, the Judiciary, Police Force and Correctional Services have at several times been subjects of multiple reviews.

14/ Many of the problems identified include poor coordination among the different actors in the sector; long delays in hearing cases; a lack of effective legal aid to help the poor to access justice; overcrowded detention facilities; critical allegations of corruption within key institutions and poor conditions of service across the sector.

15/ While the reports of these committees have largely gone unimplemented there have been many interesting and useful initiatives to improve the justice system. The enactment of the Administration of Criminal Justice Act, 2015, the Administration of Civil Justice Laws in Delta and Ekiti States. Correctional Services Act, The Police Act, the National Human Rights Commission Act, and the Legal Aid Council of Nigeria Act, are some of the important legislations in support of justice sector reform.

16/ Conference observed that in spite of these developments there are still formidable challenges ahead to achieve a justice system that works in the interest of Nigerians. Public confidence in the justice system remains at very low levels.

17/ Conference notes that every aspect of the infrastructure of our justice system requires fundamental rethinking including our approaches to policing, adjudication, bail, sentencing and imprisonment. There was also a call for adherence to judicial decisions, adoption, and integration of technological advancements for the judiciary, and fostering improved relationships between the different branches of government.

Recommendations
18/ Achieving the desired justice system will be a process, not an event. Nevertheless, change must be accelerated to keep up with the expectations of Nigerians, particularly those of the poorest and most vulnerable communities. Such change must be properly planned and carefully managed.

18/ The importance of a strong, independent judiciary was emphasized. Conference affirmed the need for an urgent upward review of judicial remuneration. Conference recommends the separation of Judicial Remuneration from public sector including the removal of the remuneration of judicial officers from the purview of the Revenue Mobilisation Allocation and Fiscal Commission {RMAFC}. Conference also recommended an independent salary scale for judicial officers. Conference recommends that urgent attention be paid to the plight of magistrates and other lower court judges.

19/ Conference recommends that the Federal and State governments extend financial support to pro bono schemes in Nigeria to bolster their effectiveness. That there must be collaborative efforts between the Nigerian Bar Association and other relevant stakeholders to enhance the provision of pro bono services and narrowing the gap in access to justice.

SECURITY

Observations

20/ Conference analysed the critical issue of national security and its intertwined relationship with economic prosperity and effective administration of justice.

21/ Conference acknowledged the severe impact of insecurity on the nation’s development and examined the various factors contributing to this challenge. Key observations included the devastating effects of terrorism, non-participation of communities in security efforts, unemployment’s link to unrest, and the need for regional cooperation and intelligence sharing.

22/ The Conference recognised the detrimental role of porous borders, globalization’s influence on crime dissemination, inadequate security personnel training, contentious land allocation, indiscriminate release of suspects, government’s inaction against insecurity, and the presence of ungoverned spaces.

Recommendations

23/ Conference identified the need for greater investment in the Military including providing support for civil-military coordination framework as well as a comprehensive endowment framework for critical military facilities and equipment.

24/ Conference recommended practical strategies to address security concerns. These include community involvement in policing, youth engagement through job creation, enhanced regional cooperation, media sensitization, comprehensive police reforms, religious school regulation, strengthening the judiciary, and observance of human rights. The adoption of State security forces, proper land management, international resource acquisition, and meticulous implementation of approved plans were also suggested.

25/ Conference urged citizens to actively contribute to combating insecurity by being vigilant and speaking up. It called upon the legal community to explore ways of enhancing Nigeria’s access to finance to support the fight against insecurity. Overall, the Conference underscored the need for comprehensive, multi-faceted efforts to address the nation’s challenges.

26/ Conference recommended legislative intervention to address gaps in the Armed Forces Act and other legal frameworks, enhancing regulations and accountability for military personnel involved in low intensity conflicts.

27/ Conference recommended that military training and operations incorporate human rights studies so that the military observes human rights principles and gain international credibility and uphold its constitutional role in safeguarding citizens.

The Role of the Legal Practitioner (Members of the NBA)
Observations

28/ The attention of conference was drawn to the immortal words of Sir Christopher Alexander Sapara Williams, who said that “The legal practitioner lives for the direction of his people and the advancement of the cause of his country”. Conference also noted the words of Theodore Roosevelt, who said “Nobody cares how much you know until they know how much you care”.

The above was what informed the medical outreach held in the sidelines of the Conference. The medical outreach which will continue until 7 September 2023, was organised in partnership with the Kebbi State Government, the Medicaid Cancer Foundation, Garki Hospital Abuja, with volunteers from the Moses Lake Medical Team (MLMT) from the United States of America and the South American Country of Chile; Doctors from the University College Hospital (UCH), Ibadan; volunteers from Nigerian Medical Association (NMA), Kebbi and other chapters from all over Nigeria; and doctors and nurses from the NYSC. The outreach has, so far, attended to the health needs of over 1,700 (One Thousand Seven Hundred) Nigerians, lawyers, and non-lawyers. About 44 surgeries have been successfully performed so far.

29/ Conference reviewed the Legal Practitioners’ Remuneration (For Business, Legal Service and Representation) Order, 2023 and Rules of Professional Conduct and NBA Rules and Guidelines on Anti- Money Laundering and Counter- Terrorism Financing

30/ Conference recommended that ethical charging practices that uphold the integrity and dignity of work of legal practitioners must be followed. The NBA must prioritize comprehensive training to strike a balance between fees and client service and establish minimum fees for junior lawyers to counter under-cutting and implement a robust reporting mechanism for compliance.

30/ Conference emphasised the need for advocacy, awareness campaigns, and value delivery for fees as well as educating the public on the provisions of the new Legal Practitioners Remuneration (for Business, Legal Service, and Representation) Order 2023 which provides a framework for ethical charging and transparency.

31/ Conference recommended that Legal Practitioners Familiarise themselves with the Money Laundering Rules

ANNUAL GENERAL MEETING (AGM)

32/ In addition to reports from National Officers, Conference received reports of several statutory bodies. These are National Human Rights Commission, Council of Legal Education, Legal Aid Council, Law Reform Commission.

The following resolutions were reached:
Suspension of proposed Constitutional Amendment
33/ By a majority voice vote of members present at the AGM, it was resolved that the proposed amendment of the NBA constitution 2015 (as Amended in 2021) be and is hereby rejected in its totality while the subsisting constitution be retained.

Poor Funding of Statutory Bodies
34/ AGM decried the poor funding of statutory bodies such as the National Human Rights Commission, Legal Aid Council and the Council of Legal Education and called for continuous engagements between the NBA and the office of the Attorney General of the Federation (AGF) to facilitate proper funding of statutory bodies for effectiveness and performance.

ANNUAL GENERAL CONFERENCE, 2024
35/ AGM resolved that the 2024 Annual General Conference of the Nigerian Bar Association would hold from 23rd to 30th August 2024. Venue to be determined.

CONCLUSION
36/ The Nigerian Bar Association (NBA) and the legal profession as a whole must remain unwavering in the pursuit of justice and effective governance. As the voice of the people, the legal community holds the responsibility of ensuring equitable treatment for all, irrespective of their status. Upholding the principle of equality before the law is paramount.

37/ The NBA’s influence should extend beyond the courtroom. It must actively contribute to economic growth and stability by advocating for policy adherence to the rule of law in policymaking and implementation. To bolster the economy, the legal community should focus on nurturing the judiciary and key regulatory bodies.

38/ The Conference emphasizes that the outcomes and recommendations from this gathering should be earnestly embraced and executed. The profession’s commitment to justice must remain unswerving. By doing so, the Nigerian legal sector will stand out globally, acknowledged for its exceptional administration of justice and adherence to legal principles.

39/ These recommendations reflect the collective commitment to strengthening legal institutions and promoting justice, human rights, and professional integrity with the ultimate goal of Getting It Right.

Dated this 2nd Day of September 2023

Yakubu C. Maikyau, OON, SAN
PRESIDENT

Adesina Adegbite, FICMC
GENERAL SECRETARY

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‘NBA AND DANGER OF FREE MEAL FOR EXCO MEMBERS,’ BY OKUTEPA

THE NEED TO AVOID FREE MEALS IN NBA


In the just concluded Nigerian Bar Association, NBA, annual general conference, there were some troubling revelations which were not new, but which took a public show of what appears to be washing our dirty linens in the public.

Some of our national officers accused the President of NBA of not allowing them to perform their Statutory duties. In the most commendable matured approach the president allowed them to air their grievances publicly. He did not stop them. This is commendable I must say.

Then it was the turn of the president to react. He gave reasons for his actions. Some of these reasons bothered on financial profligacy. That these national officers wanted to share NBA money for nothing. He gave statistics.

Now these allegations and counter accusations are not new in NBA. I will not go into historical details. We all know. Some lawyers are experts in NBA elections. They graduate from one office to the other. There must be some reasons for always wanting to “serve” in perpetuity.

But I think time has come for more responsible and accountable leadership in NBA. We need to screen thoroughly those who want to lead the NBA. What are their capacities and professional intergrity. It appears to me that many lawyers who go into NBA offices either at National or Branches are doing so because of free meals in NBA offices.

When NBA was vibrant and a very responsible and a very respectful association, there were no free meals in the Association. Leaders and NEC members paid their ways to attend NEC meetings. There were no free accommodations for National officers and NEC members.

Everyone paid for his or her accommodations to attend NBA meetings. Some seniors members were willing and ready to assist some of their juniors to attend meetings. Senior lawyers were accorded due respect. These senior lawyers were guiding lights of the profession. Serious issues were discussed and enforced. Attending NEC meeting was for serious business. It was not for social jamborees.

But since we adopted the policy of payment for accommodations for branch chairmen and secretaries from National purse for those who put themselves forward to serve the association that our problems of jamborees started.Today there are open corruptions in NBA. Some Branches cannot account for branch dues and money.

Again, we started to monitize the elections of our colleagues to lead our Association. Those jostling to lead the Bar corrupt their ways to be elected. Those who are to votes demand for bribes in many forms to vote for candidates they extorted from. Leadership recruitment in NBA has become very faulty and has unprofessionally being monetized.

Now that we are going to have new national officers next year those who have their eyes on what they want to gain not the services they want to rendered to members of the legal profession and the Association, have started unsolicited morning salutations and have suddenly turned emergency humanists and human right crusaders.

Honestly the hypocrisy in NBA has lowered the reputation of the profession in grave geometrical proportions. We have closed our eyes to the rots in the profession and things are not well with NBA. We have stomach so many things that are wrong. The sores we keep tolerating in the profession is gradually leading to professional amputation of the credibility and nobility of the profession. We are no more taken serious by any right thinking members of the society. We have been grouped amongst the rogues in the society.

The free meal in NBA has turned the association to a laughing stock. Time for all of us to agree to return the Association to its past vibrant glory is now. The recruitment processes to national and branch leadership must be thoroughly reviewed. Those jostling to lead NBA at national and branch levels must be scrutinized. Today NBA has been divided. Senior members of the profession are endangered species now. The reverend rank of SAN is now a crime for leadership.

Yet this division was promoted for leadership positions. Even within the revered rank of silk, some encouraged some lawyers to disrespect elders just because of ambition to lead NBA. We cannot rubbish our best just for two years tenure in office. The traditional respect in the bar appears to have gone. Anyone can just wake up and want to be president of NBA.

There is a need to stop free meal in NBA. Let those who want to lead the Bar do so from their pockets. They should pay their ways to conferences. There is no need for sitting allowances. If you know you can’t foot your bills, don’t aspire to lead the Bar. NBA free meal must be stopped before it totally rubbished the noble profession. This is my thought. Correct me if am wrong.

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‘PORTABLE: ONLY HYPOCRITES’LL CRITICIZE NBA,’ SAYS SENIOR ADVOCATE

PORTABLE AND THE 2023 NBA UNBARRED CONCERT- A SHEER DISPLAY OF IMMATURITY

I was at the Unbarred concert of the NBA and I left the venue at 01:45am not because of the Musician known and called Portable , but because I was very tired and I also had a meeting to attend at 10am later that morning. I ,therefore, needed to have some rest, more so that reality is now dawned on me that i am no longer getting younger.

I didn’t register for this year NBA conference at all because I am still aggrieved and unhappy with the NBA leadership for their failure to give me not even a tag , talkless of a conference bag at the 2022 NBA conference in Lagos. I paid so much to register for that conference, yet I got nothing at all to show for it. In actual fact, my wife continues to doubt my true attendance of that conference till the second coming of Jesus Christ. I believe till date that I was robbed by the leadership of the Bar, hence my decision to boycott this year conference in Abuja.

All efforts made by the Chair of the Conference Planning Committee, Mazi Afam Osigwe, SAN and a very good colleague of mine who is also a member of the Committee, Barbara Omosun Esq to convince me to register fell on deaf ears. I was at the conference exhibition grounds only to buy some books and legal accessories.

Let me confess however before returning to the Portable issue that the 2023 conference was well organised. It was a world class conference. I am not a fan of Y. C. Maikyau, SAN who is the current President of the Bar. I parted ways with him and his led exco when he resorted to unwarranted and unjustified attacks on some prominent leading legal practitioners of Yoruba extraction in a proxy war that the President is prosecuting for the reasons best known to him alone.

However, when I saw the top notch organisation of this year Annual General Conference of the Bar co-chaired by the learned Silk, Mazi Afam Osigwe and the Amazon of the Bar, the charming and pretty Mrs. Oyinkan Badejo-Okusanya, I needed nobody to convince me before I paid for 2 Presidential Bar Dinner tickets for myself and my colleague, Oluwaseun Adeola Adedipe Esq. We attended the Presidential Dinner and I can attest to the fact that, save for starting well behind the scheduled time( African time, of course), it was also a first class dinner by any standard that one may use to assess or rate it.

Back to the Portable issue at the Unbarred Concert, I was at the event as stated above and it was fun-filled. I have heard a lot about the young musician, but I don’t even know him and I can’t even recognise him even if I see him tommorrow.

I asked Mr. Adedipe when I read online the viral report that some participants staged a walkout in protest against Portable. Mr. Adedipe told me that Portable had indeed commenced his performance for about 15 minutes before I asked that we should leave, not in any protest but just because I was very tired. Those who are now spreading the fake news of the walkout protest might as well counted me among those who walked out on Portable which in any event was not true. The event was well-attended and it was great fun all through. Those who are denigrating the Bar because of Portable’s engagement and or performance are just being mischievous and also throwing up mere primordial sentiments to run down their perceived enemies at the Bar which is neither Y. C. Maikyau, SAN nor Portable himself. The baseless attacks on Portable’s engagement is rooted in both the Bar politics and the national politics!!!

Am a Fuji music enthusiast and a die-hard fan of Dr. Sikiru Ayinde Balogun, MFR( Barrister) who was the Creator of that genre of music. I also love and admire the good fuji music of Alhaji Isiaka Iyanda Sawaba of blessed memory, also that of the Cappo Di Tutti, King Wasiu Ayinde Marshal( KWAM 1) , the Corporate Fuji exponent, Adewale Ayuba and my own brother, Alhaji Abass Akande Obesere.

The nature of the appealing and matured music of Dr. Sikiru Ayinde Barrister or the funkified music of Mayegun KWAM 1 or the corporate oriented music and impeccable dress sense of Mr. Adewale Ayuba should not be a license for anyone to throw caution to the winds to denigrate or condemn in any manner whatsoever the sleaze styles in nature songs Alhaji Wasiu Alabi Pasuma or that of Mr. Muri Thunder and or indeed the music of the Great Alhaji Abass Akande Obsere ( omo arapala and the king of saje/asakasa(sleaze fuji) or that of Mr. Lateef Ilori ( Kukuye) of blessed memory and our Kamoru Ishola (Gbejo )of Agbede Adodo, Ibadan of blessed memory who were in actual fact the first and the second persons to introduce sleaze, raw, ghetto and tarmac languages lexicon into Fuji music in Nigeria. Yet, they had their own cultic followers and fans.

Why so much fuss about Portable performing at the NBA conference? During my Student’s days at the Universities of Lagos and later Ibadan, the legendary Fela Anikulapo was always engaged by all the great clubs and associations on our campuses then for live performances. Anybody who had attended Fela’s live concert before will agree with me that the person was then a secondary Indian hemp or marijuana smoker and that included my good self. How will you be at Fela’s concert and will not inhale enough smoke of marijuana which almost every other person beside you was smoking with all latitude. Or do we talk of Fela’s habitual almost naked dress sense? But that was the great Fela for you. It was for the organisers to take him as he was or leave him if they couldn’t cope with his unique identities. After all, they could have as well invited and engaged some Islamic or Christian Gospel Musicians and there were truly many of them out there at that time and even till now.

I also listened with delight and full satisfaction as I am a fanatical fan of Tiwa Savage’s Afro music as well as the Afro music of Asa. The dress senses of the duo are unique and are in contrast to each other. It would therefore be preposterous for anybody to use the habit of either of them to condemn or ridicule the other. Varieties are indeed what make this world of ours tick. Even among lawyers and also all professionals , we all have our nuances and different brands that are unique to each practitioner and also law firms.

I don’t see anything untoward in the NBA inviting Portable to feature and perform at the concert organised during the just concluded and well-organised NBA conference. The unfounded and mischievous criticisms being touted all over now is akin to those who are fond of condemning the Big Brother Africa/Big Brother Naija on any ground.

I have asked those hypocrites and pretenders of the Big Brother’ show why they must tune in their own television set to the channel airing the show when in actual fact DSTV or Multi-choice has over 200 channels? Were they forced or hypnotised to do so? Enough of mischief and hypocrisy please.

It is therefore my considered opinion that members of the Bar (if any) who truly staged walkout on Portable who was a Guest Artist at this year Unbarred Concert are, to say the least, very immature. Such members of the Bar would at anytime walk out on Judges whenever court’s proceedings become hostile or unfavourable to them or when it failed to meet their own expectations.

Dated this 2nd day of September, 2023
JCI Senator Mutalubi Ojo Adebayo, SAN
Asiwaju of Ita-Ege and Idi-Aro,
Ward 5,
Ibadan South-East Local Government Area,
Oyo State of Nigeria.

2348033275495
+2348181585848
E-mail- adebayoojo90@gmail.com

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AGM: CRISIS ROCKS NBA AS VP RAPS MAIKYAU

The Third Vice President of the Nigerian Bar Association (NBA), Mandy Demechi-Asagba has urged today’s Annual General Meeting to “condemn the act of carrying out courtesy visits by the Nigerian Bar Association with non elected officers of the Bar.”

This may be a veiled indictment of NBA President, Mr. Yakubu Chonoko Maikyau SAN.

In her report to the AGM obtained by CITY LAWYER, the Third Vice President also raised other concerns, urging the AGM as follows:
● To condemn Non inclusion of National Officers in their relevant Committees.
● To condemn the act of using non National Officers to carry out the duties and responsibilities of National Officers thus rendering Elected National Officers mere figureheads
● To condemn the act of not allowing National Officers to carry out their constitutionally assigned responsibilities and relegating National Officers at NBA Events and treated as subservient.

To view the full report, click here.

ANXIETY, AS LAWYERS VOTE ON NBA CONSTITUTION AMENDMENT TOMORROW

Nigerian Bar Association (NBA) will tomorrow at their Annual General Meeting (AGM) vote to pass or reject proposals towards amending the NBA Constitution.

While the amendment of NBA Constitution has often been embroiled in suspicions, an effort by the Olumide Akpata Administration ran into hot water due to a face-off with erstwhile NBA General Secretary Joyce Oduah.

CITY LAWYER investigation strongly indicates that the current amendment process may be as feisty as the previous effort due to strong opposition from some blocs against the proposed amendments.

While a notice of amendment of the constitution sighted by CITY LAWYER showed that the proposals are wide-ranging, some lawyers and NBA branches have vowed to truncate the planned amendment. It is noteworthy that some branches have passed resolutions urging their members to vigorously oppose and vote against the proposed amendment.

In a statement by the eight branches in Anambra State, they contended “that the Proposed Amendments especially the controversial areas will not bring progress but controversy and more division to the Bar. Amending our Constitution should not be for fun or self-serving.” In a similar vein, NBA Aba Branch resolved “to reject and vote against the proposed amendments to the Constitution of the NBA, 2015 (As Amended in 2021) in their entirety except the amendment proposed in Section 23(8) of the Constitution for not being in the interest of the NBA and the advancement of the aims and objectives of the Association.”

Similarly, NBA Ikeja Branch has also vowed to oppose the proposed amendments. In a communique issued after its Extra-Ordinary General Meeting (EGM), the branch stated as follows: “That the proposed amendment did not comply with Section 25 of the extant law (which requires at least 60 days notice of the proposed amendment to be brought before the General Secretary). The procedure of carrying out the amendment was not adhered to.”

It stated that “Scrapping the office of the Treasurer and placing all financial matters in the Secretariat under the control of the President is to subject the finances of the association into the whims and caprice of one man thereby jeopardising the principle of transparency and accountability. The ultimate question is – To whom is the Secretariat answerable to? Is it to the Electorate/members or the President?”

According to the branch, “It is obvious that the appointees will be answerable to the “appointor” and not the Bar. Such arrangements suffer from Acquired Integrity Deficiency Syndrome (AIDS).

“The Nigerian factor has caught up with the NBA, consequently can NBA tackle politicians for lack of transparency in governance when itself is suffering from AIDS? The answer is obvious.”

On the other hand, some stakeholders have argued in favour of the proposed amendments, saying that that is the direction the Bar should be headed in modern times. CITY LAWYER gathered that NBA President Yakubu Maikyau SAN is especially concerned about the high cost of running NBA affairs.

THE CONTROVERSIES

VICE PRESIDENT AS PRESIDENT-IN-WAITING
CITY LAWYER
investigation shows that perhaps the most controversial proposal is that which seeks to enable the Vice President to ascend the post of NBA President without going through the fire of an election. Section 9(3) of the proposed amendments state that “A member of the Association shall be qualified to hold a National Office if he/she (c) With respect to the office of the President, is the immediate past Vice President of the Association. FOR THE AVOIDANCE OF DOUBT, ascension to the office of President of the Association shall be by succession, save for the circumstances listed in paragraph 4, part III of the Second Schedule to this Constitution. Provided that where the office of the Vice President is vacant at the time of succession, election may be held for the office of the President. This provision shall become operative after the 2024 elections of the Association.”

If passed, the amendment would ensure that the incumbent Vice President takes over automatically as the next NBA President. The proponents of the amendment argue that the cost of vying for NBA Presidency is unsustainable while the acrimony generated by the electioneering campaigns is unhealthy. It is also argued that the model is “best practice” among many professional associations.

Many lawyers however contend that NBA is a pressure group unlike other associations like the Institute of Chartered Accountants of Nigeria (ICAN) or Chartered Institute of Bankers of Nigeria (CIBN). They also assert that NBA is fundamentally built on democratic ethos, adding that it would be unthinkable that an NBA President would emerge through a “monarchical” process. It is also contended that the stature of aspirants for the post of NBA Vice President is not the same as that for NBA Presidency, moreso as scarcely has any NBA Vice President gone ahead to contest and win NBA Presidency. Proponents of the amendment however counter this, saying that with the amendment, the calibre of aspirants would begin to improve, given that the Vice President is deemed as the President-in-Waiting.

DOWNSIZING OF NATIONAL EXECUTIVE COMMITTEE
Section 9 of the proposed amendments has shaved off six substantive national offices from the National Executive Committee. These include the posts of First Vice President, Second Vice President, Third Vice President, Treasurer, Welfare Secretary, and Assistant Publicity Secretary. The only posts to be retained are those of President, Vice President, General Secretary, Assistant General Secretary and Publicity Secretary. It is noteworthy that previous amendments have deleted the posts of Legal Adviser and Financial Secretary from the list of NBA National Officers.

CITY LAWYER gathered that the proposal is targeted at cost saving and professionalization of the association. It is suggested that a sleuth of professionals including an Executive Director, a Head of Finance as well as a Fund Manager would be recruited by the association to pilot its financial affairs, arguing that the post of Treasurer has become increasingly redundant due to financial automation. Additionally, Section 23(2) of the proposed amendments provide that “There shall be three (3) principal signatories to the Association’s accounts namely, the President, the Vice President, and General Secretary; any two (2) of whom may sign.” Section 24 of the proposed amendments make provisions on sundry financial reports and accounts to be submitted to the National Executive Council by the Executive Director. These include quarterly Management Report and Accounts, audited accounts and balance sheet for the preceding Financial Year, and Annual Report to the Annual General Meeting to which shall be attached the audited accounts and balance sheet for the preceding Financial Year.

For an Election Year, in addition to the audited financial statements for the preceding year, the Executive Director shall also present to the Annual General Meeting through the General Secretary the following financial statements and reports: Half-Year (January-June) Audited Financial Statements and Unaudited Management Report for the period ended one week to the date of the Annual General Meeting. The establishment of a “Stabilization Fund Committee” is also proposed. The committee will invest the association’s funds alongside a National Executive Council-appointed “Fund Manager.”

The Executive Director is also mandated to “present a monthly management report on the activities of the National Secretariat of the Association to the meeting of the National Executive Committee, or at such time as the President may direct.” The Executive Director takes charge of the day-to-day running of the newly created “National Secretariat” (described as “an essential organ” of the association) while reporting to the NBA President via the General Secretary. Section 11 (10) of the proposed amendments establish the “Secretariat Employment Relations Committee” which shall be responsible for the appointment and recruitment of the Executive Director, Heads of the departments, and such other staff for the Association.

Critics however contend that shaving off the posts and hiring other professionals to do the same job is like taking with one hand and giving back with another hand. In fact, the Anambra Branches contend that what is needed is the creation of more posts to ensure that the NBA leadership feels the pulse of the members.

10-YEAR BAR TWAEKED
Section 9 (4)(c) of the proposed amendments provide that “Any member who has held an elective office as a national officer for two (2) terms shall not be eligible to contest for a national office until at least Eight (8) years after his/her last term of office. For the avoidance of doubt, this provision shall have retrospective effect.” While proponents of the amendment argue that the current 10-year bar is onerous, CITY LAWYER gathered that the amendment may clear a major hurdle for a top presidential aspirant who is caught by the 10-year bar.

CREATION OF NEW BRANCHES
NBA members aspiring to set up new branches now have a higher hurdle to cross, given that Section 16(2) of the proposed amendments now direct that “An application for the creation of a new Branch of the Association shall be signed by not less than One Hundred and Fifty (150) members in good financial standing and submitted to the General Secretary.” This is as against the current threshold of 50 signatories.

ELECTION OF NATIONAL OFFICERS/ELECTORAL COMMITTEE OF THE NBA (ECNBA)
The proposed amendments make copious provisions on the election of National Officers. The proposals seem to be targeted at strengthening the ECNBA and curtailing election financing and the longstanding clamour to checkmate the huge spending that has attended NBA Elections over the years. For example, the proposed amendment provides that “All Branches, Sections, and Fora are prohibited from soliciting contributions, donations or sponsorship from candidates seeking election into any national office during the election year. Any officer or member of a Branch, Section or Forum who engages in solicitation for funds or inducement of funds from candidates and/or prospective aspirants in any election in the Association shall be deemed to be guilty of professional misconduct and shall be referred to the Disciplinary Committee for appropriate sanctions.”

Aside from banning aspirants or candidates from organizing, hosting, participating in, or supporting the organisation and/or hosting of shows, hangouts, parties or similar events in relation to any election in the association or engaging in any form of financial inducement including paying annual practicing fees or branch dues for lawyers except those in their employment, the proposals warn that “No Branch, Section or Forum of the Association shall invite prospective aspirants or candidates to sponsor their event or programmes except such an aspirant or candidate is a member of that Branch, Section or Forum.” Branches are also barred from endorsing aspirants or candidates. The ECNBA is also mandated to “prescribe limits for electoral expenses for candidates in any election. Any candidate who violates the prescribed electoral expenses spending limit shall be disqualified from participating in the election.”

While these proposed amendments may seem salutary and aimed at cleaning the Augean stable that NBA electioneering has become, they are bound to be unpopular with many branch leaderships which see such avenues as conduits to fleece aspirants and candidates.

CONSTITUTION AMENDMENT PROCEDURE
Apparently to obviate the quagmire that marred the effort by the Olumide Akpata Administration to amend the NBA Constitution, it is proposed that “the National Executive Committee through the General Secretary and the (Assistant) General Secretary or any other National Officer as may be directed by the President of the Association shall have circulated same to members of the Association at least thirty (30) days before the proposed amendment is tabled for discussion at the Annual General Meeting of the Association.”

20% BAR PRACTISING FEE
Section 23(8) of the proposed amended constitution plans to jerk up branch share of the Bar Practising Fee from 10 per cent to 20 percent. It provides that “A total of Twenty percent (20%) of the annual Bar Practicing Fees paid by members of each Branch of the Association shall be remitted to the Branch in the months of April and December respectively of each year.” This proposal seems to have thrown the branches into a serious dilemma.

While it is unclear whether the proposal is a bait for branches to enable them align with the other proposed amendments, it has set some branches against others. While some branches have opted to reject the entire proposed amendments, others have urged their members to vote in favour of only that provision while rejecting the others.

It is to be seen how the Yakubu Maikyau Administration will navigate the strong opposition and minefields that litter the current constitution amendment process.

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FINANCIAL AUTONOMY FOR JUDICIARY IS PRIORITY – BOMA ALABI

CITY LAWYER AGENDA FOR JUSTICE SECTOR REFORM SERIES

Nigeria’s justice sector is beset by a myriad of challenges ranging from delay in administration of justice to heavy dockets that confront increasingly overworked judicial officers.

Other issues include lack of judicial autonomy and inadequate resources, poor investigation, overhang in the awaiting trial population and low level of adoption of technology and innovation, to name a few.

Against the backdrop of these longstanding challenges and the swearing-in of a new Attorney General and Minister of Justice, CITY LAWYER asked eminent Bar Leaders and justice sector stakeholders to plot a blueprint on the priorities to be tackled by the new Chief Law Officer.

F. BOMA AYOMIDE ALABI (SAN, OON) was the pioneer woman to hold sway as President of the Commonwealth Lawyers Association (CLA). She was the chairperson of the Association of Women Solicitors England and Wales (2005/2006) and Chair of the NBA Section on Legal Practice Professional Development Committee. Among other proposals, she states that financial independence for the Judiciary must be a priority for the new Attorney-General and Minister of Justice, Prince Lateef Fagbemi SAN.

THE ROADMAP

Prince Lateef Fagbemi SAN has been in practice his entire working life and is no doubt conversant with the myriad of challenges facing our justice system and undermining the rule of law.

Financial independence for the Judiciary is still a mirage in many respects and should certainly be a priority for him in this role.

Also, separating the role of the Attorney General from the Minister for Justice is an important step in enhancing the rule of law in our democracy.

Finally and equally crucial is modernizing the criminal justice system to provide better protection for vulnerable witnesses and expedited trials.

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LAWYER APP, APTRESPONSE, DEBUTS AT NBA-AGC

Former President of the former President of the Commonwealth Lawyers Association (CLA), Mrs. Boma Alabi, has led a team of technology experts to develop a lawyer-specific App that will enhance the productivity and improve the revenue of Nigerian lawyers.

Speaking at a pre-launch briefing, Mrs. Alabi said that the development of the App took a number of years to become a reality because the team of high-tech experts wanted to ensure that Nigerian lawyers got the best from the initiative.

According to Mrs. Alabi who was the first woman President in the history of the Commonwealth Lawyers Association, “After 26 years of my legal practice in London, I returned to Nigeria and discovered we had several challenges and limitations in access to potential clients, real time. The application, AptResponse, is therefore a must have for Lawyers.

“Through the App, Lawyers can be reached quickly by those in urgent need of legal services, including those whose rights are being violated by security agencies. The App will link such persons immediately to the nearest lawyer, who will come to their aid”.

Applauding the initiative, Nigerian Bar Association President, Mr. Yakubu Maikyau SAN said: “I am really excited that this App is coming during my tenure as NBA President. As lawyers, we have responsibilities which must be discharged with integrity.

“AI has made it possible to work from anywhere. The App should also be able to track the billing system of lawyers, because under the new Act, a lawyer must not charge less than the prescribed fees; it amounts to professional misconduct for any lawyer to do so.

“I am delighted to be part of this, and the NBA will definitely collaborate with your team to support this initiative.”

The NBA President said: “Our work environment has changed post-Covid, and we have to change our traditional approach to work; this App promotes the tech platform for this change.

“Lawyers share greater responsibilities in the society because apart from ensuring the maintenance of law and order, we equally have the responsibility to direct the affairs of society. This App brings the connect between the lawyer, the client and the society for good, because if there is a disconnect between what I call the sheep and the shepherd, there will be problems.

“In this digital age, our offices are everywhere, and this is what the App is promoting. We are everywhere, and we need to up platforms that will assist us to discharge our responsibilities everywhere in the society. This will also enable us to enhance the billing system of lawyers, in compliance with the new Legal Practitioners Remuneration Act.

“I love this App, and will involve others to love it and benefit from its application. Over 14,000 lawyers have so far registered for the forthcoming Conference, we must deliver it without compromising the integrity of the Bar. This is a very laudable and revolutionary project, and will definitely add value to our profession.”

Mrs. Alabi, who envisioned the initiative, started a mentoring programme for students of the Nigerian Law School, Lagos Campus with about 1, 600 students per session over 10 years ago. She is highly involved in the Duty Solicitors Scheme and mentorship especially for young lawyers.

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OBIAGWU KICKS OFF AGC LEGAL AID CLINIC

NEWS RELEASE

The Chairman of the NBA-HRI Chino Obiagwu SAN declares the NBA AGC Legal Aid Clinic Open to the Public

The NBA AGC Legal Aid Clinic was opened to the public on the 28th of August with Representatives from both Government and Private Rights Organizations collaborating to provide free legal advice and services to the general public.

Over 60 lawyers where on ground, speaking to people selling their goods and services at the mammy market at the AGC.

Volunteer lawyers visited the mammy market calling on the sellers to take advantage of the free legal aid clinic. Calls where made in English, Igbo, Hausa, Yoruba and pidgin.

The free legal aid clinic is the second of it’s kind. It began in Lagos under the leadership of the then 1st vice president of the NBA, John Aikpokpo-Martins and the Body of Vice Chairmen.

This year’s intervention is led by the NBA – HRI in Partnership with NBA-SPIDEL AND THE 1ST, 2ND AND 3RD VICE PRESIDENTS of the NBA

Collaborators of this initiative include the Legal Aid Council of Nigeria (LACON), the National Human Rights Commission (NHRC) and the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) with support from JURITRUST CENTRE,
PILP,
IIDEA RoLAC Program,
DSN,
FIDA,
AWLA, among others.

SERVICES PROVIDED FOR FREE INCLUDE:

  1. Advice on Landlord and Tenancy
  2. Advice on Contracts
  3. Advice on starting a new Business
  4. Advice on taking loans
  5. Advice on marriage and matrimonial disputes
  6. General Mediation and Reconciliation of disputes
  7. Domestic Violence & Trafficking in Persons
  8. Persons living with Disability & Child Rights issues
  9. Child Custody and maintenance
  10. Employer/Employee Disputes
  11. Consumer Protection
  12. General Human Rights violations

The legal aid clinic runs from the 27th – 30th of August from 10am daily at the NBA AGC Legal Aid Clinic stand opposite the AGC Mammy market next to the registration booths.

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AFAM OSIGWE ‘BALLERS NIGHT’ HOLDS 7 PM TODAY

Dear Colleagues,

As we all know, the Annual General Conference is yet to start “unofficially” until you have a massive welcome party.

Join us for an unforgettable night of camaraderie, great conversations, and an opportunity to unwind .

Date: Monday 28th, August, 2023
Time: 7pm
Venue: Friendship Centre, MKO Abiola Stadium.

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CHUKWUKA IKWUAZOM HOLDS WELCOME PARTY

NEWS RELEASE

Dear Learned Silks, Seniors & Colleagues,

Kindly be the guest of Chukwuka Ikwuazom SAN at;

Venue: Space & Function Event Centre City Park Behind Diamond Access Bank, Wuse 2, Abuja.

Date- Monday 28 August 2023.

Time- 7pm

Music by: DJ Funkee Bee.

It promises to be the best AGC treat as we party with the quintessential Chukwuka Ikwuazom SAN.

Don’t miss it !!!

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TOBENNA EROJIKWE WELCOMES CONFEREES TO 2023 NBA-AGC

The immediate past Chairman of the Nigerian Bar Association Technical Committee on Conference planning (TCCP), Mr. Tobenna Erojikwe has stated that the Annual Conference “stands as a cornerstone event in our legal calendar, offering us a pivotal opportunity to exchange insights and collectively steer the direction of our beloved profession and country.”

He urged the conferees “to actively engage in the diverse sessions that promise intellectual enrichment and Continuing Professional Development (CPD) points.”

The statement reads:

Dear colleagues,

As we convene in the FCT for the 63rd Annual General Conference of the Nigerian Bar Association, I am honoured to extend my warmest greetings to all our delegates.

The AGC stands as a cornerstone event in our legal calendar, offering us a pivotal opportunity to exchange insights and collectively steer the direction of our beloved profession and country. I encourage each of you to actively engage in the diverse sessions that promise intellectual enrichment and Continuing Professional Development (CPD) points.

Whilst doing so, let’s not forget to relish the camaraderie and festivities planned for the AGC. Networking and socialising amidst like-minded peers will undoubtedly yield new perspectives, possibilities, and opportunities.

I look forward to engaging with you all and propelling our shared aspirations to greater heights.

Warm regards,

Tobenna Erojikwe
Partner, The LawCrest LLP and Chairman, NBA Institute of Continuing Legal Education

Below are details of a sideline event by “Friends of Tobenna Erojikwe”

FRIENDS OF TOBENNA EROJIKWE INVITE YOU TO:

BUILDING ON A SOLID FOUNDATION: A conversation on the NBA-ICLE past, present and future.

Date: 28/8/2033
Time: 6pm
Venue: Abuja International Conference Centre (ICC)

AFTER PARTY: 7 pm

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NBA-AGC BIRTHS CRECHE FOR CONFEREES

NBA-AGC NEWS RELEASE

Dear NBA AGC 2023 CONFEREES,

The CRECHE Support Initiative is here again.

The Annual General Conference Creche Support for babies/Toddlers of female Nigerian legal practitioners is open.

Are you a Female Lawyer?

Are you nursing your baby/toddler/young children?

Does your hope of attending the 2023 AGC seem blurry?

RELAX!! the NBA AGC 2023 CRECHE Support Initiative has got you covered

Bring your Children to Creche at the AGC
Venue : VIP wing of the National Stadium
Time : 10am daily

It is clean, comfy and in a security conscious setting.

Contact : 08031113135 -Blessing
08137715123- Imo

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TINUBU, FAGBEMI, ELUMELU, MAIKYAU SPEAK AS NBA-AGC KICKS OFF

President Bola Tinubu has vowed to address the lingering issue of remuneration of judicial officers and legal practitioners, saying that is the bedrock for true justice.

The President made the statement yesterday in Abuja while declaring open the 2023 Annual General Conference of the Nigerian Bar Association (NBA-AGC) held at the Velodrome of the Moshood Abiola Stadium, Abuja.

Against the backdrop of the judicial reforms he undertook as Lagos State Governor, Tinubu renewed his commitment to deal conclusively with the pressing issue of remuneration for judicial officers and legal practitioners, noting that true justice reform must begin with world-class salaries and benefits for legal professionals in Nigeria.

“You are learned. I want to learn. Why are we so blessed and we are still lacking? We must have a change of attitude and a change of our mindset. We accuse our nation and its previous leaders. We complain a lot of the past. Is that the solution? No! Let us look forward and be determined! God has given us what we need. We must work hard with determination to make our country great and it begins with you who are seated here with me,” said the President.

Speaking on the theme of the conference, “Getting it Right: Charting the Course for Nigeria’s Nation-Building”, the President said hard decisions must be made to set the country on a growth trajectory despite the initial pains which meaningful reforms would usually bring.

He warned that Nigeria cannot sustain a failed economic framework that deploys 90% of its scarce revenue towards external debt service amid many development challenges facing the country.

His words: “Can we continue to service external debts with 90% of our revenue? It is a path to destruction. It is not sustainable. We must make the very difficult changes that are necessary for our country to get up from slumber and be respected among the great nations of the world.”

Speaking on the theme of the conference, “Getting it Right: Charting the Course for Nigeria’s Nation-Building,” the President stated that hard decisions must be made to set the country on a growth trajectory, despite the initial pains which meaningful reforms usually bring.

“We cannot have the country we desire without the reforms we have initiated. It is painful at the beginning, in the short and medium term, but we must do what we have to do to take this nation to its great destiny. It is not about you and it is not about me. It is about our generations yet unborn, for whom we must bequeath a great and prosperous country,” he affirmed.

Referring to the Keynote Address by the Chairman of UBA Plc and Heirs Holdings, Mr. Tony Elumelu, President Tinubu bemoaned the inability of the country to eradicate poverty and tackle poor electricity supply despite Nigeria’s abundance of gas.

While praising Elumelu for setting an agenda for economic growth and development, Tinubu vowed that his administration will ensure that Nigeria generates and distributes the electricity the economy requires to thrive.

He said: “Yes, it is a shame not to have adequate electricity for the mass majority of homes in Nigeria and to power our industries. How can we address poverty without electricity? We can take many people out of poverty with uninterrupted electricity supply. Poverty is not acceptable, and we must banish it.”

The Keynote Speaker, Elumelu noted that the central theme of this year’s conference was nation-building.

He decried the fact that Nigeria’s accomplishments are few compared to its population and potential, and went on to set an agenda for all stakeholders towards making the most of the nation’s human capital especially.

Elumelu, who is also the Founder of the Tony Elumelu Foundation, referenced the need for investments in the nation’s power sector as well as social infrastructure such as hospitals and schools among others. He urged investments on young people, noting that by empowering them the country would set the tone for social advancement.

Quoting late civil rights leader, Dr. Martin Luther King Jr., Elumelu said, “Poverty anywhere is a treat to our prosperity and safety everywhere.” He urged robust investment in women, noting that when a woman succeeds, the community succeeds.

On his part, the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN stated that the rule of law and democracy remain the bedrock for ‘Getting it Right’ in nation building.
He assured that the rule of law will be strictly enforced by the Tinubu Administration, stating that President Tinubu is a democrat who needs moral support to succeed.

In his Welcome Address, NBA President, Yakubu Maikyau, SAN, expressed the confidence of the NBA in the ability of President Bola Tinubu to deliver good governance to Nigeria because of his pedigree and track record of performance in Lagos State between 1999 and 2007.

Noting that about 17,000 lawyers registered for this year’s conference, Maikyau said: “President Tinubu got it right in Lagos, and it is our considered expectation that as President of Nigeria, you will not only replicate your achievements in Lagos, but surpass them for our country.”

The conference was also attended by many key stakeholders in the justice sector including the Chief of Staff to the President, Mr. Femi Gbajabiamila; Minister of Federal Capital Territory, Mr. Nyesom Wike; Minister of Sports, Senator John Enoh, and former Secretary to the Government of the Federation, Mr. Boss Mustapha.

This year’s Annual General Conference Planning Committee is chaired by former NBA General Secretary, Mazi Afam Osigwe SAN.

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All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘FG MUST PRIORITIZE OBEDIENCE TO COURT ORDERS’ – TETENGI

CITY LAWYER AGENDA FOR JUSTICE SECTOR REFORM SERIES

Nigeria’s justice sector is beset by a myriad of challenges ranging from delay in administration of justice to heavy dockets that confront increasingly overworked judicial officers.

Other issues include lack of judicial autonomy and inadequate resources, poor investigation, overhang in the awaiting trial population and low level of adoption of technology and innovation, to name a few.

Against the backdrop of these longstanding challenges and the swearing-in of a new Attorney General and Minister of Justice, CITY LAWYER asked eminent Bar Leaders and justice sector stakeholders to plot a blueprint on the priorities to be tackled by the new Chief Law Officer.

Dr. Garba Tetengi SAN is a member of the Independent Investigative Panel (IIP) set up by the National Human Rights Commission (NHRC) to investigate allegations of human rights violations levelled against operatives of the defunct Special Anti-Robbery Squad (SARS) and other units of the Nigeria Police Force. He is also Chairman of the Nigerian Bar Association (NBA) General Purposes Committee.

He states that the Federal Government should make obedience to court orders a priority “in order to guarantee the independence of the judiciary and the rule of law.”

AGF SHOULD HIRE A TEAM OF SENIOR ADVOCATES OF NIGERIA TO PROSECUTE CORRUPTION CASES

The AGF should spearhead the sponsoring of a Bill by the Executive to the National Assembly for a merger of EFCC and ICPC and any other Investigative Agency and further delete the provision that makes them a prosecuting agency. All they should do is to investigate and allow the Ministry of Justice or designated private lawyers to undertake prosecution of potential culprits. Specialization will enhance efficiency. To me that should be a priority

He should create a special team in the Ministry for prosecution of all financial and corruption cases including hiring private senior lawyers – or to be specific Senior Advocates of Nigeria – to handle these matters. Fighting corruption should be a priority. He should compliment the effort of the past administration by prioritizing the fight against corruption. The judiciary has been doing same with the existence of COTRIMCO (Corruption and Financial Crime Cases Trial Monitoring Committee).

As a matter of priority he should impress it on the president that complying with court orders must be a priority of the administration in order to guarantee the independence of the judiciary and the rule of law.

He should create or encourage synergy between the private bar and the official bar for smooth administration of Justice.

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SOLAR4ALL: CHIEF SAMUEL KARGBO SAN IS OUR “STAR CLIENT OF THE WEEK”

Everyday, Nigerians are embracing the Solar Technology for an enhanced life and a boost in productivity with steady power supply.

Visit our NBA AGC Exhibition stand and win a gift.

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

Visit: (Abuja) Suite A8, Kenuj O2 Mall ,Behind Games Village.
(Lagos) No 113A, Mainland Way, Dolphin Estate, Ikoyi.

Learned Silk Sam Kargbo SAN is an astute Lawyer, a prolific writer and a mentor of many who stands out as one of Nigeria’s best. He has vast years experience and has mentored many in Litigation, Election Petition, Arbitration and Commercial Law Practice; with which he helps Clients all over the world resolve complex Legal issues.

It was a Giant 10KVA Solar system, with 15 batteries and 32 Solar panels for the Legal Giant. This can power air conditions, freezer/fridges, Automatic Gate opener, cameras, water Pumping Machine, Electric Fence, tvs, Lights, fans, Sound Systems, Blenders, Clippers and all the other essentials.

24-hour power supply and a reduced power cost of at least 50% is assured.

Other beneficiaries from whom the efficiency of delivery can be verified include Amb. Gen. Tukur Buratai (COAS Rtd), Hon. Justice Oguntade (Justice of the Supreme Court Rtd), Sir James Ononiwu of NBA Ikeja, Chief Ejiofor Onwuaso of Otu Oka-iwu Abuja, Hon. Sir Ebuka Igwe of the Anambra State House of Assembly, Sir Ebun Olu Adegboruwa SAN, Mrs. Amina Agbaje Esq (FIDA Nigeria CVP), Prof. Dr. Olusola Oke (UNILAG COLLEGE OF MEDICINE), Dr. Muiz Banire SAN, High Chief Emeka J-P Obegolu SAN, Chief Bolaji Ayorinde SAN; Chief J-K Gadzama SAN; Mazi Afam Osigwe SAN; Prince Adetosoye Adebiyi Esq; Mr. Paul Daudu Esq of J.B Daudu SAN & Co; Mr. Benedict Daudu Esq; Chief Peter Ilegogie Esq; Aare Muyiwa Akinboro SAN, Aare Isiaka Olagunju SAN, Dr. Babatunde Ajibade SAN of SPA Ajibade SAN & Co; FIDA Nigeria (FIDA House Abuja); Prince Adetokumbo Kayode SAN; Dr. Mrs Ayorinde of Ayorinde SAN & Co; Mrs. Mariam Agbaboka; Barr. Mrs Rachel Ebun Akerele; Mr. Anthony Malik SAN; Chief Tawo E. Tawo SAN; Chief Kemi Pinheiro SAN; Mr. I. M. Dikko SAN of Liman, Liman SAN & Co; Hon. Justice Emeka Nriezedi of the Anambra State Judiciary; Dr. Hassan Liman SAN; Chief J. U. K. Igwe SAN; Mr. Chike Ekeocha, Esq. of Alex Izinyon SAN & Co/SUEX Nig. Ltd; Mummy Sylvia Okoregbe Esq; John Ochogwu, Esq; Hon. Rodrich Ugwu Esq; Prof. Godson Ogbonna of Abia State University, Uturu; Sir Austin Mwana Esq; Mr. Thony Lyiod Onyemaizu Esq; Dr. Agada Elachi Esq; Mr. Zach Akubo of S. I. Ameh SAN & Co; Mr. Ime Edem-nse Esq; Mr. Edafe Mrakpor Esq; Federal Ministry of Agriculture and Rural Development; Ebedebiri Cottage Hospital, Sagbama LGA, Bayelsa State; Federal College of Education, Warri; Nigerian Agricultural Seeds Council; Institute Of Chartered Mediators and Conciliators of Nigeria (ICMC); Chief R. N. Okeke and Sons Ltd, Wukari, Taraba State; Alhaji Abdulrahman Adamu of the Trademoore Estate, among many others.

Some of the benefits of Solar/Inverters include:
*Solar is cheaper at long-run!

*24 hours Power Supply for homes/offices

  • Your current Power cost will drop by at least 50% after we install.

*No noise!

*No Pollution!

*Automatic change over!

*No fueling

*25 years warranty on the German Solar panels.

  • In case of any issue with the Inverter Machine, another Inverter is deployed before we take the one that needs attention for troubleshooting/repairs.

“To get an efficient Solar/Inverter system for 24hours Light, while you “Pay Small Small” for up to Six Months; Call/Chat Solar For All Ltd 08060266163

Visit: (Abuja) Suit A8 Kenuj O2 Mall Kaura District Abuja (Behind Games Village).

(Lagos) No 113A, Mainland Way, Dolphin Estate, Ikoyi.

To view the price list, click here.

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AFAM OSIGWE INSPECTS AGC VENUE, BIDS CONFEREES SAFE TRIP

The Chairman of the 2023 Nigerian Bar Association (NBA) Conference Planning Committee (TCCP), Mazi Afam Osigwe SAN has visited the Moshood Abiola National Stadium in Abuja in preparation for the upcoming conference.

The visit is aimed to assess the venue’s readiness, review logistics, and ensure that all arrangements are on track for a hitch-free conference.

Upon arriving at the National Stadium, the TCCP Chairman embarked on a thorough assessment of the facilities. He was accompanied by key members of the planning committee and some stakeholders. The stadium’s capacity to accommodate the expected number of participants was examined to ensure adequate seating arrangements and provision for various sessions.

He assessed the audio-visual equipment, stage setup, and lighting systems. The technical team demonstrated the capabilities of the equipment and assured the TCCP Chairman that they would be able to meet the conference’s technological requirements such as live streaming, virtual participation, and interactive sessions.

Osigwe’s visit to the AGC is viewed as a demonstration of a painstaking approach to conference planning. His interactions with the technical teams, venue staff, and committee members ensured that all aspects of the conference were thoughtfully considered.

With his hands-on approach and attention to detail, the former NBA General Secretary assures the conferees that the conference would be hitch-free, providing an enriching and engaging experience for all participants. The conference is poised to contribute significantly to legal discourse, professional development, and networking within the legal community.

Meanwhile, the TCCP Chairman has urged conferees to be security-conscious while in Abuja.

In a statement he personally signed, he wrote: “As we eagerly await your presence at the upcoming Annual General Conference, we want to emphasize the importance of prioritizing your safety and security throughout the event and your travel to Abuja.

“While the conference promises to be a rewarding and enlightening experience, being security conscious is paramount to ensure your well-being.

“Your safety and security are of utmost importance to us. By taking proactive measures and staying vigilant, you contribute to a secure and enjoyable conference experience for yourself and your fellow attendees.

“Safe travels, and we look forward to welcoming you to a successful and secure conference!”

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‘DIGITALIZE OUR COURTS, UNBUNDLE DSS, EFCC’ – ADEBAYO

CITY LAWYER AGENDA FOR JUSTICE SECTOR REFORM SERIES

Nigeria’s justice sector is beset by a myriad of challenges ranging from delay in administration of justice to heavy dockets that confront increasingly overworked judicial officers.

Other issues include lack of judicial autonomy and inadequate resources, poor investigation, overhang in the awaiting trial population and low level of adoption of technology and innovation, to name a few.

Against the backdrop of these longstanding challenges and the swearing-in of a new Attorney General and Minister of Justice, CITY LAWYER asked eminent Bar Leaders and justice sector stakeholders to plot a blueprint on the priorities to be tackled by the new Chief Law Officer.

MR. MUTALUBI OJO ADEBAYO SAN, former Oyo State Attorney-General and Commissioner for Justice, argues that unless Nigeria’s courts are digitalize and anti-graft agencies unbundled, the dysfunction in the justice system will persist

JUDGES MUST QUIT WRITING IN LONG HAND

Firstly, let me seize this opportunity to congratulate Prince Lateef Fagbemi, SAN on his well-deserved and fitting appointment as Honourable Attorney-General and Minister of Justice of the Federal Republic of Nigeria. He is a round peg in a round hole.

Topmost is that I want the new HAGF to ensure that all the Federal Courts are fully digitalised. Enough of our Judges writing in long hands. He should appeal to and enjoin the 36 states’ Attorneys-General to also follow suit in their respective State High and Magistrate’s courts.

To fully drive home the project and ensure its successful implementation, the HAGF should seek the Federal Executive Cabinet to establish the Justice Sector Reform and Development Fund.

I envisage and anticipate a hostile challenge from the judiciary and their sympathisers who may throw up an argument that the agency should be under the full control of the judiciary. The HAGF should not be taken in by that selfish and myopic contention because my experience as the Honourable Attorney-General and Commissioner for Justice in Oyo State in 2011-2015 has shown and taught me a great lesson – that our judiciary lacks the capacity and the capability to do any meaningful capital development for the justice sector without our heads of court getting their fingers burnt in the process, as they are greatly vulnerable to the manipulations of the more experienced but very corrupt Administrative and  Accounting  Officers in the judiciary.

Also, the Honourable Attorney-General must confront headlong the monstrous corruption in all the nation’s sectors including the judiciary. Our bane in this country is corruption which is an existential problem to our nationhood. Once the HAGF successfully prosecutes and secures conviction of some major politically exposed persons in a transparent and fair manner, all other potentially corrupt persons would sit up and turn a new leaf. Corruption cannot be totally eradicated but it can be drastically reduced using the instrumentality of laws.

Happily enough, the new Sheriff in town, the learned Silk Prince Lateef Fagbemi is a man reputed for great courage, resilience, doggedness and uncompromising in any noble cause. He does not mince words and is renowned for calling a spade by its name where others will call it a simple farm tool. I can confidently assert without mincing words that the country’s fight against corruption is entering a new dawn with his appointment and swearing-in as the HAGF.

The brand new Attorney-General has rightly hit the nail on the head himself when he appeared before the Senate for screening and clearance by unequivocally stating in an unmistaken term that all our anti-graft agencies – the EFCC, ICPC, DSS and all others who presently combine the twin powers of investigation and prosecutorial – shall be unbundled in a manner as to separate within the same agency, the investigating powers from the prosecutorial powers. Indeed, power corrupts and absolute power corrupts absolutely.

I will only need to appeal to the new HAGF to see this great  initiative of his to a logical conclusion in order to keep clean and pollution-free the stream of the fight against corruption in our dear country which at presently is in a rotten, messy, chaotic and riotous state largely due to  vesting of the agencies involved with both investigative and prosecutorial powers.

I wish the thoroughbred professional, Prince Lateef Fagbemi SAN, a most successful tenure of office.

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FAMILY BLAMES LASUTH, EVERCARE HOSPITAL OVER DEATH OF LAGOS LAWYER

The family of Lagos senior lawyer, Mrs. Ijeoma Oparanozie are blaming the Lagos State University Teaching Hospital (LASUTH) and Evercare Hospital, Lekki, Lagos for the demise of the lawyer following a fatal car crash. She would have been 41 years today.

CITY LAWYER gathered that Ijeoma and her niece were fatally wounded when another vehicle somersaulted and hit their car last Sunday night around ELF in Lekki, Lagos. The deceased lawyer also had her six-year-old son and nanny in the car when the accident occurred.

The elder sister to the deceased, Mrs. Chinwe Chiazor told CITY LAWYER amid tears that first responders used crane to remove the deceased lawyer and other occupants from the accidented car and rushed Ijeoma and her niece to Evercare Hospital for treatment.

She however said that the hospital haggled over payment for hours and delayed treatment to both accident victims until the deceased lawyer was eventually referred to LASUTH by Evercare after she had bled profusely and remained without the crucial surgery for about 12 hours.

“The accident happened around 8 pm,” she said. “I would also have been in that car. That I’m alive today is God’s grace. Ijeoma was unconscious and was bleeding internally.”

According to her, “She was stabilized at Evercare Hospital. They sent for CTI scan and the result came out. They then told us that she needed to be moved into ICU for surgery. I deposited N300,000. They however insisted that we must pay N5 million each for Ijeoma and my niece, and that unless they receive the money, they would not commence the surgery.

“I noticed that my sister’s head was beginning to swell and they told me it was because of internal bleeding, that blood was being sucked into her head.

“I was crying; I was begging them to start the surgery. They asked, ‘What of the N2 million you said you and your husband will transfer?’ I told them that I can transfer N1 million to them immediately while my husband will transfer another N1 million first thing in the morning as he does not operate the banking App. This was around 12 midnight.

“Ijeoma’s company doctor, Dr. Nwogu came around 3 am and assured them that the company would take full responsibility and pay the bill immediately they resume work in the morning. They refused to do the surgery notwithstanding the guarantee given by their professional colleague and the company.

“As promised, the company transferred N10 million to Evercare in the morning. They now jerked the figure up to N30 million! They insisted on the N30 million, or they would do a referral. I do not know whether it was because they felt the company could pay more. They referred us to LASUTH.”

According to Mrs. Chiazor, her sister and niece were in very bad shape by this time. “Our nightmare did not end with the referral as Ijeoma was not attended to for four hours at LASUTH. They told us that there were no doctors on duty. They wanted to use a fibrator to resuscitate her but had to rely on CPR instead as they said they did not have the equipment. My sister was in the ambulance for over four hours without any medical attention. It was only the nurse from the ambulance company that was attending to her until she died. What will I tell her six-year-old son? She fought; she wanted to live for her son! My niece also died at Evercare! She could not be moved because we could not get a medical facility with a ventilator! They said she was brain dead.”

CITY LAWYER gathered that Ijeoma’s son survived the accident with an injury to his head.

When CITY LAWYER contacted Evercare Hospital via its verified telephone number, one Robertson directed our Correspondent to send an email to the hospital “on your letterheaded paper and our Legal Team will respond if necessary.”

LASUTH could not be reached for a response at the time of going to press.

The demise of the senior lawyer has thrown the legal community and especially the Nigerian Bar Association (NBA) Lagos Branch into mourning. Announcing her passing, the branch leadership wrote in a statement obtained by CITY LAWYER: “We, the Executive Committee of NBA Lagos Branch, with deep sadness, announce the passing of Chizoma Ijeoma Okoro on the 21st August 2023. Chizoma Ijeoma Okoro is an active member of our Branch. May God grant her family the fortitude to bear this loss.

“We will cease all birthday celebrations for today and tomorrow as today was supposed to be Ms. Chizoma Ijeoma Okoro’s birthday.

“Members of the Executive Committee of NBA Lagos Branch have reached out to her family.

“Burial arrangements will be announced when available, and her family consents to such announcement.”

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‘JUSTICE SECTOR REFORM MUST RECLAIM NIGERIANS’ TRUST’ – FAPOHUNDA

CITY LAWYER AGENDA FOR JUSTICE SECTOR REFORM SERIES

Nigeria’s justice sector is beset by a myriad of challenges ranging from delay in administration of justice to heavy dockets that confront increasingly overworked judicial officers.

Other issues include lack of judicial autonomy and inadequate resources, poor investigation, overhang in the awaiting trial population and low level of adoption of technology and innovation, to name a few.

Against the backdrop of these longstanding challenges and the swearing-in of a new Attorney General and Minister of Justice, CITY LAWYER asked eminent Bar Leaders and justice sector stakeholders to plot a blueprint on the priorities to be tackled by the new Chief Law Officer.

MR. OLAWALE FAPOHUNDA SAN, a two-time Attorney-General and Commissioner for Justice in Ekiti State, notes that justice sector reform must aim to build a justice system which is affordable, efficient, independent, transparent, professional and accountable to Nigerians

A JUSTICE SECTOR REFORM AGENDA

In setting an agenda for the Attorney-General of the Federation, it has to be emphasized that the state of the nation today including the less than enviable citizens perception of our justice sector makes the case for far reaching interventions in the justice sector. Every aspect of the infrastructure of our justice system requires fundamental rethinking.

Our approaches to policing, adjudication, bail, sentencing, imprisonment needs change in significant ways. The Attorney- General of the Federation cannot simply be the Minister of the Federal Ministry of Justice. He must in addition to overseeing state legal affairs, set the agenda for the justice sector.

For clarity, a justice sector reform agenda will include facilitating immediate to long term reform measures in the Judiciary, Police, Correctional Services and Access to justice institutions (Legal Aid Council, National Human Rights Commission.

The overall objective of justice sector reform is to build a justice system which is affordable, efficient, independent, transparent, professional and accountable to Nigerians, one that ensures the rule of law and the observance of human rights and contributes to reclaiming the trust of Nigerians in the Justice system.

Judiciary

Priority Interventions in the Judiciary should include a review of judicial salaries and allowances as well as supporting constitutional amendments that ensure that only matters of significance are heard in the Supreme Court. No less important are related matters of judicial appointments and affirming the sanctity of our courts and its decisions.

Policing

The Attorney-General must be interested in police reform. The absence of credible and reliable data on the human, equipment and other resources available to the police is a concern that retards crime prevention and obstructs criminal prosecution. There is also a need for a holistic response to citizen’s concerns about police handling of complaints of police abuse.

Correctional Services

The State of our Correctional Centers including incidents of frequent jailbreak, overcrowding and the conditions of service for correctional officers must be of concern to any Attorney- General. No less important is the need to interrogate the appropriateness of placing the Correctional Services in the Ministry of Interior and not in the Ministry of Justice.

Access to Justice Institutions

There is a need to take a closer look at our access to justice institutions (National Human Rights Commission, Legal Aid Council of Nigeria) and the Federal Ministry of Justice itself. The Attorney-General should find out whether the level of endowment of these institutions is such that individually and collectively, they can be said to be fulfilling their responsibilities to the people of Nigeria.

Law Reform

It is often said that the problem with our justice system is not the absence of laws but our inability to enforce existing laws. Weak law enforcement regime is certainly an important concern. However there are several laws that should have no place in the laws of the federation. The Attorney-General should provide leadership for a law reform intervention. The outcome of which should be an updated laws of the federation containing a body of laws that are current and relevant to Nigerias socio-economic and political aspirations.

Professionalize Federal Ministry of Justice

The ability of the Attorney- General to deliver on the mandate of the Ministry of Justice as well as his reform agenda largely depends on his ability to achieve a Ministry of Justice that is professional, service oriented and whose personnel understand and are sensitive to the myriad issues facing the administration of justice including the role of the Justice Ministry itself. Changing the perception of citizens that the justice ministry solely exists to defend government is an important goal.

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PROF. NDIFON KNOWS FATE SEPT. 5, AS POLICE, NBA JOIN PROBE

The suspended Dean of Faculty of Law, University of Calabar (UNICAL), Prof. Cyril Ndifon will on September 5 know his fate in the serial sexual harassment and sundry allegations levelled against him by past and present students of the faculty.

This came on the heels of today’s inauguration of a 7-member panel to probe the allegations levelled against the embattled Law teacher. Ndifon was reinstated after surviving a 2015 allegation of raping a 20-year-old student twice in his office. The Vice Chancellor told CITY LAWYER in an exclusive interview that Ndifon was recalled based on a court judgment.

An Abuja based senior lawyer and UNICAL Law graduate, Nelly Idagba told CITY LAWYER in an exclusive interview that she was sexually harassed by Ndifon.

Meanwhile, the university authority has appointed an Acting Dean of Law in Ndifon’s stead, even as it also granted ‘Observer Status’ to the Nigeria Police and Nigerian Bar Association (NBA) to monitor the probe. The new Dean is Dr. (Mrs.) Rose Ohiama Ugbe.

Hinting that Prof. Ndifon’s fate may have been sealed, a press statement by the university indicated that Ugbe’s appointment “takes effect from Tuesday, August 22, 2023 and will run till a substantive dean is elected for the faculty.”

Others granted observer status include the Public Complaints Commission, (International) Federation of Women Lawyers (FIDA), University of Calabar Alumni (National), and ‘Malabor High Court.’

The committee has a Professor of Philosophy, Prof. Dorothy Oluwagbemi-Jacob as Chairman. Other members are the Executive Director of Gender Development Centre, Dr. Brenda Akpan; Director of SERVICOM, Prof. Patrick Egaga; Dean of Student Affairs, Dr. Tony Eyang; Representative of Anti-Corruption and Transparency Unit (ACTU), Prof. Ayodeji T. Owolabi; the University Counsellor, Prof. Elizabeth Akpama; and Deputy Registrar, Post Graduate School, Barr. Gabriel Orok who will serve as Secretary.

Speaking at today’s inauguration, the Vice Chancellor of the University of Calabar, Prof. Florence Obi said that the institution has no vested interest in the case, urging the probe panel to pursue justice.

While accepting the offer to serve, the Chairman of the Panel, Prof. Oluwagbemi-Jacobs assured that against the backdrop of wide interest the matter has generated locally, nationally and internationally, members of the panel will be thorough in the investigation and fair to all parties. She stated that decisions taken will be based on the truth and available facts, not sentiment.

According to a statement by the university, the Registrar, Mr. Gabriel Egbe, in a memo to members of the panel “listed a 12-point terms of reference which include: rigorous investigation of sexual harassment against the suspended Dean, to examine the extent of result manipulations, mutilations and aberration in examination conduct in the Faculty of Law from 2021 and investigations relating to the abuse of office, high- handedness, extortion and violation of the extant laws of the University by the suspended Dean.

“Others include checking the records of candidates mobilized to Law School in the past two sessions and establish if those mobilized met the requirements, the allegation of students being made to pay for matriculation numbers/clearance against Senate approved payments, Direct Entry admission abnormalities, mode of course allocations to lecturers and choice of ‘Supervisees’ and Course Reps by the suspended Dean, as well as, compliance with Senate decisions on faculty meetings.

“The panel, according to the Registrar, is expected to carry out a thorough, fair and objective investigation of the allegations and make appropriate recommendations to Management within two weeks.”

Meanwhile, the university has mandated the new Dean of Law to “take up the responsibilities and duties associated with the office and also oversee faculty’s academic programmes, foster a healthy relationship among staff and students, and create a positive environment for teaching and learning.”

CITY LAWYER recalls that students of the faculty recently protested against the embattled Law teacher, accusing him of sexual harassment, embezzlement and manipulation of the list of students to be admitted to the elite Nigerian Law School. Ndifon denies the charges, saying the protest was orchestrated by his detractors.

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AGC C’TE UNVEILS SCHEDULE OF EVENTS

The eagerly awaited Opening Ceremony of the 63rd Annual General Conference (AGC) of the Nigerian Bar Association (NBA) will take place on Sunday, August 27, 2023.

According to information available to CITY LAWYER, the time for the Opening Ceremony is 3 pm while the venue is The Velodrome, National Stadium, Abuja.

The conference, themed “Getting It Right, Charting the Course for Nigeria’s Nation Building,” is scheduled to hold from August 25 to September 1, 2023.

A programme schedule unveiled by the Mazi Afam Osigwe SAN-led AGC Planning Committee shows that a Jumat service will hold by 1 pm on Friday, August 25, 2023 at the Central Mosque, Abuja to herald the conference.

This will be followed by a 5 km Health Walk on Saturday, August 26, 2023 commencing at 7 am to 10 am. The route will be from NBA National Secretariat to the National Stadium.

While the health walk is aimed at encouraging healthy living through regular exercise, a Tree Planting session will come on the heels of the health Walk on the same day.

There will also be a Thanksgiving Service on Sunday, 27th August, 2023 at the Summit Bible Church located at Plot 1101 Kaura District, Abuja. The time is 9 am.

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SENIOR LAWYERS CHIDE BAWA, ASK DSS TO RELEASE HIM

Senior lawyers have called for the release of suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Abdulrasheed Bawa by the Directorate of State Services (DSS).

Some however chided him for trampling on suspects’ rights and the rule of law while he held sway as the EFCC helmsman.

CITY LAWYER recalls that foremost human rights activist, Mr. Femi Falana SAN had demanded Bawa’s immediate release. He was quickly joined by longstanding EFCC Prosecutor, Mr. Rotimi Jacobs SAN.

However, while former Legal Practitioners Disciplinary Committee (LPDC) Prosecutor, Mr. Jibrin Okutepa SAN stated that “there were allegations of disrespect for court orders and rule of law” against Bawa and suspended Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele, former Oyo State Attorney-General and Commissioner for Justice argued in a statement made available to CITY LAWYER that “Mr. Bawa is reaping and being given part of the dose of his adopted and usual style of anti-constitutional and extra-judicial measures, wickedness and gangsterism.”

In a two-page Press Release obtained by CITY LAWYER, Jacobs stated that “a close examination of the provisions of the (Administration of Criminal Justice) Act bordering on remand order would show that the continued detention of Mr. Abdulrasheed Bawa can no longer be justified in law.”

He noted that the Act provides that a suspect could be in custody for a maximum of 56 days, adding that “Thereafter, the suspect ought to and must be released unconditionally except where a charge is preferred against him before a competent court of law.”

The senior lawyer warned that “The concern now is not necessarily about the person of Mr. Abdulrasheed Bawa but the need to respect and observe the rule of law in a constitutional democracy which we practise in Nigeria.”

He called on the relevant authorities “to be properly guided and tow the part (sic) of justice in the instant case and other similar cases.”

Adebayo aligned with Jacobs, saying that is “what all men and women of good conscience and sincere believers in constitutional democracy should do.”

Chiding Bawa for some alleged infractions while in office, he wrote: “However, without gloating over the misfortune and present downfall of Mr. Bawa, I must confess that I am in another way happy that Mr. Bawa is reaping and being given part of the dose of his adopted and usual style of anti-constitutional and extra-judicial measures wickedness and gangsterism. Bawa was a law unto himself while in power and never believed in either the Rule of Law or Constitutionalism. He was a ruthless Emperor and a first-grade fascist.

“I am sure that when he is eventually released and secured his freedom soon and more importantly that we have a fitting and upright Attorney-General in the saddle now, Mr. Bawa will atone for his several sins, be remorseful and come to realise what constitutionalism and rule of law entail.”

Giving more details on his grouse with the embattled EFCC top shot, he said: “Mr. Bawa detained a client of mine who is a Parkinson disease patient without allowing him to have access to his medication for over 20 days when he was the Zonal Commander at Ibadan over a crime committed by a relation of my client.”

He however noted that “two wrongs will not make a right,” describing Bawa’s continued detention as “illegal and unconstitutional.”

On his part, Okutepa wrote: “The travails of AbdulRasheed Bawa suspended EFCC chairman and Godwin Emefiele suspended Governor of CBN posed serious lessons for us to learn.

“There is no substitute for the rule of law. There is a need for Nigerian public office holders to respect the rule of law. When the duo were in office, there were allegations of disrespect for court orders and rule of law. If our public institutions show respect for the rule of law and not treat our laws and constitution with disdain definitely what the duo are going through may not have happened.

“As lawyers we must also be ready to avoid aiding and abetting those who breached the rule of law with impunity. Using our legal knowledge in sabotage of the rule of law is the worst service any lawyer can do to the legal profession.”

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ELECTORAL CHOICES: THE TASK BEFORE THE JUDICIARY

JOSEPH OTTEH, Legal Advocate and Convener of Access to Justice, argues that to end the legacy of impunity in the conduct of elections, Nigeria’s Judiciary and jurisprudence must shift towards principled guardianship of people’s voting rights and sanctity of the electoral process

Introduction
Beginning with the transitional elections of 1999, Nigeria’s efforts to run a system of electoral democracy began in fits and starts; election after election would often represent a worse version of the preceding one. Most post-transition elections have been marred by widespread killings and violence, bare-faced and large-scale rigging, ballot-box snatchings, voting and collation frauds, result declaration frauds and thefts, voter suppression, and so on. Now, ensuring that voting outcomes are rigged sufficiently to return electoral “victories” have became part and parcel of the preparatory layout and landscape of electoral competitions in Nigeria.

Those who steal electoral mandates are emboldened by three major factors: first, rewards and dividends of such thefts are mouthwateringly huge, and so are worth all the grievous efforts expended in procuring them. Second, a successful theft of votes gives strategic legal advantage to its beneficiary. “Law” welcomes and judicially protects such thefts, at least until a certain burden has been discharged. Our laws posit that once an election result is entered in the official record – rigged or not – they are presumed to be correct, even if they are contrived. At this point, “law” is not neutral; it takes sides with those declared to be winners by the electoral body. The Supreme Court has reiterated that: ‘’There is in law a rebuttable presumption that the result of any election declared by the returning officer is correct and authentic.” – Omoboriowo v. Ajasin. Therefore, it is much better, from a legal and tactical point of view, to rig elections, because then, a strategic advantage is gained over other competitors because the “law” gives that evidential advantage.

Third, “impunity”. There are no credible civil or criminal consequences for undertaking these grand “vote larcenies” irrespective of the bloodletting or violence undertaken during voting exercises to distort the results of ballots cast during the at the elections.

This piece considers how Nigerian courts, by applying a pedantic, legalistic approach to the resolution of electoral complaints, are aiding the continuous subversion of the electoral process, betraying the voices of voting majorities and undermining representative democracy. We also explore how courts can better rise to the challenge of protecting the integrity of electoral choices made by voters in the face of treacherous efforts to pervert the electoral process.

Complaints About Election Malpractices Must Be Regarded as “Public Interest Litigations” and Resolved Using Parallel Principles of Adjudication

Complaints about electoral malpractices – rigging, violence, fraud, voter suppression, interference with ballots, and corruption – raise issues that extend well beyond the personal rights, interests or claims of individual complainants or their impact on the electoral fortunes of a candidate or political party, and, while aggrieved complainants are entitled to a fair remedy for any wrongs suffered arising from election malpractices, their grievances implicate wider public interests in the maintenance of representative democracy, the integrity of the electoral process, and the sustenance of constitutional democracy. If aggrieved litigants do not challenge the malpractices arising from the conduct of electoral contests, members of the public have, as individuals, no standing to do so, at least, as current law suggests. This is why a case must be made for courts to regard electoral litigations as a specie of “public interest litigation”, where the petitioners represent a stakeholder demographic whose collective interests in the sustenance of constitutional democracy are endangered or violated.

In Madundo v Mweshemi v. A-G Mwanza, the Tanzanian High Court stated that: “An election petition is a more serious matter and has wider implications than an ordinary civil suit. What is involved is not merely the right of the petitioner to a fair election, but the right of the voters to non-interference with their already cast votes…” In Sarah Mwangudza Kai v. Mustafa Idd & 2 Others the court said: “It must be understood that election petitions are unique in many ways… they can be classified as actions sui generis. This is because they are not actions in which an individual asserts a private civil right as in a civil claim. Petitions are basically instituted for the benefit of all voters in the affected electoral area and generally in the public interest”

In Obih v. Mbakwe, Kalgo JSC made the point that “an election petition is not to be treated under peculiar provisions of the relevant electoral law and is not particularly related to the ordinary rights and obligations of the parties concerned” a point the Supreme Court also reiterated in Buhari v. Yusuf and in a number of other cases.

If courts accept – as have been asserted – that election litigations are sui generis, how have they applied this principle in practice, in resolving election petitions? Unfortunately, it appears that courts have applied the sui generis notion to harden the tasks of challenging and upturning results or returns declared by the electoral body. Purporting to apply the sui generis principle, courts have both insisted that petitioners comply strictly with technicalities of law and procedures in litigating election petitions, as well as meet a very high standard of proof, in order to show that elections were marred by substantial irregularities, enough to affect the outcomes announced by the electoral body. Petitioners have found that mountain too high to climb many a time.

Let’s examine the first proposition, the insistence for strict compliance with technical formalities. Courts have, more or less characterized election petitions as proceedings that require technical perfection. And so, any defect in form or procedure was enough to defeat such petitions (ref. Samamro v. Anka). In David Umaru & Or v. Babangida Aliyu & Ors. (CA/A/EP/317/2007 (CON)) [2009] the Nigerian Court of Appeal said:

It is because of its uniqueness or sui generis nature that any slightest default in complying with a procedural step which otherwise could either be cured or waived in ordinary civil proceedings could result in fatal consequences to the petition. It is not therefore the function of the court to sympathize with a party in the interpretation of a statute merely because the language of the statute is harsh or will cause hardship. That is the function of the legislature”

The second leg of the sui generis invocation, seen both in Nigeria and some other parts of the African Continent, involves the standard of proof required in election petition cases necessary to invalidate election results. Judiciaries have wrestled with the question whether a higher standard of proof – such as the one applicable to criminal trials, i.e. proof beyond reasonable doubt should be applicable to election petitions (ref. Ugandan case of Besigye v Museveni) or the civil standard of “balance of probabilities” generally applicable to civil cases. Other courts have indeed, argued for an intermediate level of the burden of proof (ref. Kenyan case of Odinga and Anor v Independent Electoral and Boundaries Commission and Ors and the Ugandan case of Mbabazi v Museveni [2016] UGSC 4), lying somewhere between the criminal and the civil standards of proof. There is also the “alternating” application of both civil and criminal standards, according to the nature of the complaints embodied in an election petition. (Ref, Zimbabwean case of Chamisa v Emmerson Dambudzo Mnangagwa & Others CCZ 21/2019). In the Besigye v Museveni case, the Uganda Supreme Court held that a high standard of proof is required in election petitions given critical importance of the subject matter to the “welfare of the generality of the people of the country and their democratic governance.”

It seems quite counter-intuitive, and counter-productive we submit, to draw, from the notion that election petitions are a sui generis genre of proceeding, any requirement that challenging election outcomes, even where obviously fraudulent or contrived, should be more difficult to achieve, or that petitioners must jump through hoops raised to industrial levels in order to do so. We think, respectfully, that the implications drawn by courts in this direction are unfounded, wrong and misconceive the overarching goals of electoral justice. Courts which have applied the sui generis principle this way get it backwards, and have inverted the flow of the logic.

Purpose of Electoral Adjudication Must Animate Philosophy of Electoral Jurisprudence
The core purpose of adjudicating electoral petitions is, (eligibility questions apart), to enable a court establish who was validly elected into a political office by voters. In order to do this, a number of indicators are applied, such as; was the election conducted in a credible, transparent manner? Did voters freely, fairly and effectively exercise their franchise? What electoral choices did voters make? The role of the court is to give effect to those choices. If it must do so, it seems inexorable that electoral courts must apply the sui generis principle in a way that makes it easier, not harder, to achieve the overriding purpose of a judicial review, i.e. to ensure that voter choices remain the authentic markers and sources of power, not fictitious or fabricated data.

The “standard of proof” bar must, therefore, be recalibrated and lowered, so that petitioners can, without having to “climb Mount Everest” or carry the whole of its weight, make a case enabling an electoral court to feel called upon to upturn the results of a flawed election, irrespective of whether petitioners have brought in every atom and molecule of evidence from the electoral field. If there is credible evidence suggesting that the conduct of elections did not meet reasonable standards of transparency, or was fraught with malpractices showing the commission of fraud or violence, disenfranchisement or corruption, an electoral court ought to consider it its constitutional duty, in the safeguard of a country’s democracy and the rule of law, to invalidate the elections, in whole or part.

If the courts treat election petitions as “public interest litigations”, which, in many ways they are, then their adjudication out to proceed on analogous principles – those of simplicity of procedure, expanded access to court, creative provision of appropriate remedies, etc. etc. The Kenyan Supreme Court alluded to this when it said in Odinga & another v Independent Electoral and Boundaries Commission & 2 others; [2017] KESC 42 (KLR): “This means that electoral disputes involve not only the parties to the Petition but also the electorate in the electoral area concerned. It is therefore obvious that they are matters of great public importance and the public interest in their resolution cannot be overemphasized”.

This is the way election petitions ought to proceed, we submit, so that courts can look more to the essence rather than to the form of the complaints; to “doing justice” to the substance of the causes presented before them, rather than to the manner they are garbed or the level of technical perfection they achieve.

That “justice” is not simply for the benefit of the particular petitioners before an electoral court, but even more for the sake of citizens, whose ballots embody and represent their will, election and agency, all of which have come into question. Sachs J, of the South African Constitutional Court once remarked that: “The right to vote is symbolic of our citizenship” August v Electoral Commission (cited in Richter v The Minister for Home Affairs and Others) [2009] ZACC 3. It is also about maintaining the authority of the Constitution in a constitutional democracy. Prof. Nwabueze (2008) made the point that election rigging ‘is a subversion of the Constitution and of the democratic form of government instituted by the Constitution”.

In matters of electoral justice, courts, we submit, must no longer drape their eyes with blindfolds of legalism, because this tends to miscarry the object of electoral adjudication. In its editorial of 27th April 2023, the Punch Newspaper lamented: “For too long, justice and frustration of the people’s will have been sacrificed on the altar of legal technicalities”. That is a valid point.

In a piece published by IDEA titled: “Inside the courts and challenging election outcomes” prominent election observation activist Samson Itodo has observed that “The complex and technical nature of election petitions is largely responsible for the failure of election tribunals and courts to address the grievances of litigants despite efforts at resolving such election disputes”. Justice Niki Tobi, of blessed memory, alluded to this point in Abubakar v Yar’Adua when he said: “If courts of law are bound to do substantial justice in ordinary civil matters, how much less [sic, read “more”] in an election petition.”

The Substantial Non-Compliance Question
Sec. 135(1) of the Electoral Act restrains courts from invalidating elections that were conducted in “substantial compliance” with the principles of the Act where the non-compliance did not affect substantially the result of the election. Courts have interpreted this provision literally, to require that a complaint about non-compliance with the principles of the Electoral Act is of itself inconsequential unless it be shown that the non-compliance affected the results of the election (Buhari v Obasanjo; Buhari v. INEC And 4 Ors.). However, it is reasonably clear that a literal interpretation of the section without balancing that interpretation with the broader objectives of the Electoral Act and important constitutional values, will be strongly inimical to achieving the core objectives of the Electoral Act and the Constitution.

For one, a literal interpretation will likely lead to the situation where the electoral process is “perverted” with impunity. Where courts uphold deeply flawed elections on the grounds that the irregularities and illegalities associated with their conduct did not substantially affect their outcome, perpetrators of these malpractices will feel emboldened to continue in that treacherous trade, leading to the escalation and replication of the culture (electoral) impunity. Courts would, in that case, be legitimizing the continued subversion of the electoral process if they uphold the results wrought by elections of that stripe. A Kenyan Appeal Court said it will amount to courts encouraging “vandalism”, in response to an argument that alleged irregularities in an election should not lead to a nullification because they did not affect the election results;

Again to use the section to cover the disappearance of ballot boxes, irrespective of the number of ballot papers in the missing boxes, would simply amount to encouraging vandalism in the electoral process. (Magara v Nyamweya & Others, Civil Appeal No.8 of 2010) Emphasis added.

It is our position that the current way Sec. 135(1), is interpreted by Nigerian courts is at clear odds with the goal of ensuring free, fair, transparent and credible elections, as well as securing the accountability of election management bodies. Nigeria’s courts must reframe how that section is interpreted in order to make its application more consistent with the spirit of the Electoral Act, and the compelling need to confront – with a view to ending – the legacy of electoral frauds historically associated with conducting elections in Nigeria, and to uphold the principles underlying our democratic Constitution as well as our rights as citizens and voters.

Reframing how that interpretation occurs does not necessarily rule out the invocation of a literal construction; it is still possible, we submit, in applying a literal construction to the section, to “win” justice for the cause of credible elections.

To begin with, we observe that the two conjunctive conditions for invalidating an election under that section are, put in a more direct or positive form: 1) “non-compliance with the provisions of this Act” and 2) that the non-compliance affected substantially the results of the election. On the surface, the impression is given that the non-compliance must significantly impact the announced results to the extent of depriving the declared winner of a majority vote win. On closer inquiry however, we see that this is not the only way to interpret the section, if it is even a legitimate way to do so at all. There is no objective need for the declared winner to lose the majority vote advantage, or, for that matter, for the petitioner to show that s/he won the majority vote, to justify a court’s nullification of the election on the ground that non-compliance with the Act substantially affected the results of the election.

This can be achieved in two ways: first, if the irregularities result in a significant or substantial diminution of the declared winner’s votes, the results of the elections can be said to have been “substantially affected” even if it still leaves the declared winner with a majority of the votes cast. In other words, to “substantially affect” the results does not literally equate to “displace” or “overturn” the result. It means simply “affect”! It is not a situation requiring a zero-sum equation.

A second approach still based on a literal interpretation, is to regard the irregularities as capable of substantially affecting the results if the non-compliance or irregularities has a potential effect to do so, even if the actual effect is not adequately quantifiable or remains unknown. In other words, there is an implied assumption that the non-compliance has an unknown effect on the outlook of the overall results. Also in this scenario, there is no need to prove that the petitioner’s scores would out-number those of the declared winner but for the non-compliance or irregularities.

Having noted these, we must, in summing up, say that a literal construction of electoral enactments which implicate fundamental rights of citizens, (in fact “sovereign” rights as the Odinga court puts it), represents an inadequate and very limited interpretivist framework for realizing the ends of electoral justice. A court must always embed the interpretation of a statutory instrument within the strategic vision, values and philosophy of the overall constitutional pact. Realizing that the right to vote arises from the Constitution, and is a subject of several multilateral treaties and instruments, courts must always give effect to the reinforcing values which underpin those rights.

A proper framework for interpreting Sec. 135(1) of the Electoral Act must, therefore, first take place within the context of all embracing standards – particularly the constitutional standards – governing the right of voters to freely and fairly elect their leaders without interference. Second, it will also regard and denominate the election “process” just as important as the “outcome”. If the process is flawed, the outcome will naturally reflect the “fruit of the poisoned tree” and no restrictions must stand in the way of ensuring the accountability of the process or its impact on the rights of citizens to vote.

In this regard, we can draw inspiration from the approach of other courts in the Continent, Not that long ago, the interpretation of a provision quite similar to Sec. 135(1) of Nigeria’s Electoral Act arose in Kenya, and the Kenyan Supreme Court in Odinga & another v Independent Electoral and Boundaries Commission & 2 others was called upon to uphold the results of the 2017 presidential elections in spite of several irregularities in the way the country’s presidential election results were recorded, collated and presented, on the basis that: “if the quantitative discrepancies are so negligible (in this case, allegedly slightly over 20,000 votes), they should not affect the election”. The Kenyan Supreme Court responded quite formidably to the argument, saying:

“… this inquiry about the effect of electoral irregularities and other malpractices, becomes only necessary where an election court has concluded that the non-compliance with the law relating to that election, did not offend the principles laid down in the Constitution or in that law.”

And then went on to say:
“Where do all these inexplicable irregularities, that go to the very heart of electoral integrity, leave this election? It is true that where the quantitative difference in numbers is negligible, the Court, as we were urged, should not disturb an election. But what if the numbers are themselves a product, not of the expression of the free and sovereign will of the people, but of the many unanswered questions with which we are faced? In such a critical process as the election of the President, isn‘t quality just as important as quantity? In the face of all these troubling questions, would this Court, even in the absence of a finding of violations of the Constitution and the law, have confidence to lend legitimacy to this election?” (emphasis added).

The court then ruled:
”It is our finding that the illegalities and irregularities committed by the 1st respondent were of such a substantial nature that no Court properly applying its mind to the evidence and the law as well as the administrative arrangements put in place by IEBC can, in good conscience, declare that they do not matter, and that the will of the people was expressed nonetheless.” –

What the court was saying, in effect, is that the electoral process is just as important as its outcome, and that a judicial body, applying a sovereign Constitution, whose values must be read into electoral laws, should not legitimize flawed elections irrespective of the statistically limited quantitative effects of the flaws/irregularities on the overall results.

Conclusion
The 2023 elections in Nigeria have been cast in the mould of many previous elections, with some saying it’s the worst in Nigeria’s history. The scathing reports by observers of the last elections in Nigeria attest to this, saying the elections were marred with widespread violence, rigging and falsification of results, abduction of election officials, killings, and the lack of transparency among other flaws. INEC’s conduct of the 2023 elections show that Nigeria is still on its backfoot, and unless something breaks this cycle, no barrel will be too deep to plumb going forward, which will bring more shame to the collective dignity of its people.

Nigeria’s Judiciary, embroiled in a crisis of public confidence of its own, has once again been called upon to rule on whether the conduct (and outcomes) of the elections were free, fair, transparent and credible, and was up to par with the applicable standards for exercising the democratic franchise. The Judiciary already walks a tight rope, but how it wields its adjudicational powers in the resolution of these high-stake electoral disputes, and the approach it adopts towards that resolution, will shape Nigeria’s fate and stability going forward. The Judiciary must choose now how to navigate the conundrums of either: 1) preserving the status quo and recycling legacies of the blatant abuse of the electoral process; or 2) making a clean, tectonic break from Nigeria’s past and raising the thresholds for what will henceforth be regarded as acceptable, free, fair and transparent elections.

It is our hope that the Judiciary, in spite of its current outlook, will choose to give Nigerians a new hope in the country’s future, new faith in the sanctity of the electoral process and the opportunity to breathe again as a people whose voices and choices on matters of their governance ought to matter.

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MISCONDUCT: DEFIANT ‘BADDEST LAWYER,’ IFUNAYA SPEAKS, VOWS TO DEFEAT NBA

Controversial lawyer, Miss Ifunaya Excel Grant has shrugged off the petition filed against her at the Legal Practitioners Disciplinary Committee (LPDC) by the Nigerian Bar Association (NBA).

Hinting that she would trump the lawyers’ body like the biblical David in a post seen by CITY LAWYER, she asked a commentator who reminded her of the pending petition to “tell them say David k!||Ed Goliath.”

In a defiant post on Facebook which indicated that she was not fazed by the petition, Ifunaya wrote: “Before I can light up my Igbo (Indian hemp), do you have any advice for Me? Note: Tell those people wey dey fine (sic) me say I’m unavailable.” There are strong indications that she was referring to NBA. A similar post on her Twitter (X) account has been viewed by over 300 hundred thousand followers at press time.

In a flurry of exchanges with her followers who commented on the NBA petition, the controversial lawyer berated a commentator for suggesting that she would be jailed as a fallout of the petition, saying, “abégi shift.”

When one Omachi Isaac Achor also warned that “NBA is after you; very soon they go jail you,” she responded: “Then prepare to join me.”

Dabbling fleetingly into politics, she stated in response to a claim that she “studied law just to frustrate the law” that “If INEC fit declare Tinubu president why not.”

In an earlier post in response to the NBA petition, the lawyer-turned-social media sensation cryptically wrote: “Them go feel it.” She illustrated her statement with a sweating emoji, indicating that she would make the lawyers’ association sweat.

While most lawyers who weighed in on the trending report chided the young lawyer for allegedly bringing the profession into disrepute, a handful of lawyers however argued that the petition was misconceived, saying the embattled lawyer is not engaged in legal practice.

CITY LAWYER recalls that NBA had yesterday announced that it had filed a petition against the young lawyer at the LPDC “centred on her social media notoriety of posting pictures and videos of herself unclad and smoking marijuana.”

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SEXUAL HARASSMENT: UNICAL SUSPENDS DEAN OF LAW, BARS HIM FROM CAMPUS

The University of Calabar has suspended the embattled Dean of Law, Prof. Cyril Ndifon “for alleged violation of the provisions of the extant laws and policies of the institution.”

A press statement on the suspension obtained by CITY LAWYER shows that it was conveyed in a letter signed by the University Registrar, Mr. Gabriel Egbe and “takes effect from August 17, 2023.”

Ndifon has been in the middle of widespread allegations of sexual harassment dating back to at least 2015 when he allegedly raped a 20-year-old Law student in his office.

A senior lawyer and UNICAL Law graduate, Nelly Idagba told CITY LAWYER in an exclusive interview that the Law teacher also harassed her sexually.

The university’s Vice Chancellor, Prof. Florence Banku Obi had told CITY LAWYER yesterday in an interview that the administration would act on the allegations after Ndifon’s response to the query issued to him by the university.

It is recalled that students of the UNICAL Faculty of Law had held a protest recently where they alleged that Ndifon had been sexually harassing some of them.

The full statement is below.

UNICAL SUSPENDS DEAN OF LAW OVER VIOLATION OF EXTANT LAWS

The Management of the University of Calabar has suspended the Dean, Faculty of Law, Prof. Cyril Ndifon for alleged violation of the provisions of the extant laws and policies of the institution.

The suspension conveyed in a letter signed by the University Registrar, Mr. Gabriel Egbe takes effect from August 17, 2023.

According to the letter, the suspension came on the heels of the Dean’s response to a query earlier issued to him by the University Management which the Vice Chancellor was dissatisfied with.

Dissatisfied with his response, the Vice Chancellor, according to the letter, has relieved Prof. Ndifon of his position as Dean and placed him on suspension while the matter is referred to a panel that will beset-up to investigate the allegations levelled against him.

The letter reads this; ” Please refer to our letter Ref UC/REG/DISC.45A dated August 14, 2023 on your alleged violation of the provisions of the extant laws and policies of the University and your response to the said letter which was dated 16th August, 2023. “

The Vice Chancellor has gone through your written representations and is not satisfied with your explanations. She has therefore directed that you should be relieved of your position as Dean, Faculty of Law and placed on suspension while the matter is referred to a panel that will be set-up to investigate these allegations.

“The relief of position as Dean, Faculty of Law and suspension from official duties takes effect from August 17, 2023. You are to hand over all University property in your possession including all official

responsibilities presently handled by you to the Sub-Dean of the Faculty before vacating office.

“You are to stay away from the University premises except while responding to invitation from the panel investigating these allegations”

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‘WHY WE RECALLED PROF. NDIFON AFTER RAPE CASE,’ BY UNICAL VC

  • ‘WE HAVE QUERIED HIM OVER LATEST ALLEGATIONS’

The Vice Chancellor of the University of Calabar, Prof. Florence Banku Obi has given reasons why the university authority recalled embattled Prof. Cyril Ndifon after he was accused of raping a student in his office.

In an interview with CITY LAWYER, Prof. Obi stated that the decision followed a court judgment which exonerated the Law teacher of the allegation, adding that Ndifon has been queried by the university over the latest allegations arising from a protest by students of the Faculty of Law where he is the Dean of Law.

Obi told CITY LAWYER that she risked being committed to prison if the university had disobeyed the court’s decision, adding that the university administration would follow due process in handling the latest case.

Her words: “The University of Calabar is a public institution with rules and regulations. It is unfortunate that we have been in the news lately for the wrong reasons and despite our best efforts to remain a world-class citadel of learning.”

On the allegation that the university is not treating the latest allegation with the seriousness it deserves, Prof. Obi said: “We are not sweeping anything under the carpet. That is an unfair assessment. We will not rush to judgment because of insinuations. We will rigorously follow due process. Perhaps if that had been done during the earlier case, we would not be where we are today.

“Didn’t he win his case in court? If we did not obey the court order, we could have been tried for contempt of court.”

The university don told CITY LAWYER that Ndifon had been queried over the latest allegations made by the students, adding that “He still has a few hours (to the deadline) to respond.”

Prodded on when the university administration would take action on his response given that CITY LAWYER had it on impeccable authority that the embattled Law teacher submitted his response to the query today, Prof. Obi said that the University Registrar had not informed her that Prof. Ndifon had responded to the query.

“We cannot just suspend him because of a protest by the students,” she said. “We must follow due process. That is the bureaucracy of public service.”

When asked whether Ndifon’s continued stay as the Dean of Law would not compromise the investigation, Obi disagreed, saying: “There are so many things he has been accused of. If he tampers with evidence at the Faculty level, will he tamper with evidence on allegations concerning the Registrar’s Office or the Vice Chancellor’s Office?”

On the allegation that Ndifon has godfathers who have shielded him from justice till date, Prof. Obi said that is the more reason the university must follow due process in handling the latest matter, adding: “If we had suspended him in a hurry, would that not give the so-called godfathers opportunity to annul the process? We will follow due process. If he is innocent, he stays; if he is guilty, he will face the sanctions.”

Prof. Obi however noted that the university administration has taken pre-emptive steps following a meeting with all the stakeholders held last Monday, adding that “over 80 per cent of the agreed measures have been implemented.”

CITY LAWYER recalls that students of the Faculty of Law had staged a protest accusing Ndifon of sexual harassment and manipulation of the Nigerian Law School admission process. He was in 2015 accused of raping a 20-year-old Law student in his office. Ndifon was reinstated early last year. He denies all the charges, saying they are orchestrated by his detractors.

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EXCLUSIVE: ‘HOW PROF. NDIFON TRAUMATISED ME,’ SAYS UNICAL LAW GRADUATE

Students of the Faculty of Law, University of Calabar (UNICAL) recently held a protest accusing the Dean of the Faculty of Law, Prof. Cyril Ndifon of sexual harassment and manipulation of the Nigerian Law School admission list.

Prof. Ndifon has denied the allegations and challenged any victim to come forward.

In this exclusive, no-holds-barred interview, a senior lawyer and graduate of the Faculty of Law tells CITY LAWYER how she was sexually harassed by the embattled Law teacher. Efforts to get Prof. Ndifon to respond to these specific allegations proved abortive. Enquiries to his telephone via WhatsApp did not receive any feedback while calls to his telephone line were declined.

Briefly introduce yourself, please.

My name is Nelly Idagba. I am a graduate of the University of Calabar with 13 years post-call (experience). I am also an Artist and speak for women through my paintings.

Which year were you at the University of Calabar and what was your course of study?

I got admission in 2003/2004. I graduated from the University of Calabar in 2008. I studied Law.

During your stay at UNICAL, did you have any opportunity to encounter Prof. Cyril Ndifon?

Yes, I did. He was my lecturer.

What course did he teach you?

He taught me Legal Method. It was a Year 2 course.

What was your experience while he took you on the course?

This will be a very long, emotional and sad story for me to share.
I had a very terrible experience as a young student of just 18 years old, being his student.

I recall that fateful day after giving his lectures; he dropped his books on my desk and asked me to carry them and follow him to his office. I innocently did. But that was the beginning of my tragedy with him until I graduated from the Faculty with pains and push.

He started his sexual harassment with me immediately I arrived his office to drop his errand books by talking about very erotic stories and how much he liked me, and how I will come out in flying colours if I agree to be his girlfriend.

It seemed really strange to me then because I was raised to reverence my elders, especially a Lecturer/Teacher. I recall quickly calling my mother to report all he said. She asked that I avoid him completely – which I did. But guess what? It still didn’t help one bit!

This man made sure he failed me 3 consecutive times and harassed me at every given time I approached his office to question my result.

I recall he drank a certain tea with (Indian) hemp constantly in his office – which we gossiped as students, because we thought that may have been one of the reasons he always got amorous with little female students.

Some of his words to me that period were, “If you do not sleep with me, you will leave the Faculty with a Third Class (degree). I promise you! Even if you guide your p**sy, I will succeed or you will fail.” And then he will give a demeaning and sarcastic laughter! He was a nightmare!!

One time, I sat for his Harvard carry-over (course). While in Year 5 writing his course with Year 2 students, he walked into the hall and made an announcement saying, “If you are here and I had asked you not to write this exam, walk out!” I immediately knew he was talking to me but I kept on writing. He walked directly to my desk and used a red biro to cancel each page of what I wrote and asked me to submit (the answer sheet).

I cried and reported him to a lecturer who saw what he did. The lecturer said: “Sorry, I can’t resolve your issue with him because he is my PhD Supervisor.”

He became a prayer point every evening in my home. I was so confused at some point that I thought I was a complete daft in academics until I invited my parents to challenge my scripts. He apologized to my parents, saying he had failed me in error and would correct the results. But he never did.

On one occasion, he sent for me. Just when I opened his office, he immediately grabbed my white shirt, trying to pull out my young, fragile breast until a lecturer knocked at the door. He ran like a mouse in an open house, looking for where to hide.

This was my first shameful experience in the Faculty of Law, because rumors spread like wild fire on a young child’s life. Imagine going through all of this as a very young girl!

Can you be more specific on what you mean by saying that he “harassed me at every time l approached his office to question my result”?

I will be specific. He would on one occasion send for me. Just when I knocked and opened his office door, he grabbed my blouse and closed the door behind me and struggled to fondle me until a lecturer knocked at the door and I was saved. It all wasn’t a pleasant experience.

Was it a student he sent to call you or his staff?

He would always send my classmates or ask me to follow him after classes.

Tell us more about your parents’ intervention concerning your result

After crying severally to my parents, my late father visited the Faculty and had a meeting with him, asking what really the problem was. In my father’s words, “If this child isn’t performing well, let me know and I will discipline her.” I recall him smiling and saying, it wasn’t a problem; he made some mistakes and would correct it immediately. But it was all lies.

How did you eventually pass the course?
It took a certain lecturer in the Faculty to make the corrections in my Year 5, just before Law School. That’s how I was freed.

You never formally petitioned to the Dean of Law or the university leadership?
I would never have done that as at the time. I was young and lack the exposure, gods and knowledge.

Given the recent protest by students of the Faculty, do you feel you should have spoken earlier than now?

I have done the best I can by telling my story. This was a lot for me to say, as it reminded me of the torments I went through.

I pray other ladies or his victims will come out to speak as I have, so that other young girl-children will have a proper education without facing academic monsters in the guise of lecturers. Thank you.

Thank you.

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POLICE ARREST SUSPECTS OVER ABUSE

NEWS RELEASE

ENUGU POLICE OPERATIVES ARREST INDIVIDUALS INVOLVED IN THE VIRAL VIDEO OF A YOUNG LADY BEING BEATEN, STRIPPED AND HAIR FORCEFULLY SHAVED;

…as CP Ammani orders thorough investigation and prosecution to serve as deterrent

Police Operatives serving in Nsukka Area Command of the Enugu State Command, on 14/08/2023, identified and arrested one Obed Chekwube Ugwuanyi a.k.a. MC Sharp (male), aged 32, Chinenye Agbo a.k.a. Star Ella Ada (female), aged 26, and Anastasia Onu (female), aged 26.

The trio and others at large are involved in the viral video wherein Chinenye was seen being beaten, her cloth torn and stripped, and her hair forcefully shaved on the allegation of beating up Anastasia, who is Obed’s girlfriend, and giving her a human bite on the chest.

  1. Preliminary investigation reveals that the trio are, however, claiming that the video, which has generated public outcry and condemnation due to the inconceivable assault, inhuman and degrading treatments meted out on Chinenye as seen in the video, is a prank and meant to garner followers on their social media accounts.
  2. Meanwhile, the Commissioner of Police, CP Ahmed Ammani, fdc, while condemning the act, has ordered the State CID Enugu to thoroughly investigate and prosecute those found culpable, to serve as a deterrent to anyone who may want to perpetrate such an act under the guise of prank.

DSP Daniel Ndukwe, anipr
Police Public Relations Officer,
State Headquarters,
GRA, Enugu.

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EMEFIELE: FG ASKS COURT TO STRIKE OUT GUN CHARGES

The Federal Government has filed 20 charges against a former Central Bank governor Governor in Abuja.

Director of Public Prosecutions (DPP) at the Federal Ministry of Justice Mohammed Bakodo Abubakar made this known to journalists after Tuesday’s proceedings.

According to Abubakar, the fresh charges – with 20 counts – were filed at the Federal Capital Territory (FCT) High Court.

One of the counts accuses Emefiele of “conferring unlawful advantages”.

On Tuesday the Federal Government applied to withdraw the “illegal possession of firearms” case it filed against Emefiele, at the Federal High Court sitting in Lagos.

Abubakar told Justice Nicholas Oweibo that the application followed the result of further investigations.

But defence counsel Joseph Daudu (SAN) opposed him, arguing that because the government was in disobedience of the court’s order granting Emefiele bail, its application could not be taken.

On 25, the Judge admitted Emefiele to a N20 million bail on a two-count charge of illegal possession of firearms and ammunition.

He also ordered that Emefiele should be remanded at the Ikoyi Correctional Centre pending the fulfilment of his bail conditions.

The DSS rearrested Emefiele after fighting off prison officials on the court’s premises.

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SEXUAL EXTORTION: 2 NIGERIAN YOUNGSTERS EXTRADITED TO USA

Two brothers identified as Samuel and Samson Ogoshi have been extradited from Nigeria to the United States to face trial for their alleged involvement in a sexual extortion operation which resulted in the death of a teenage US citizen, Jordan DeMay.

The move to extradite the two brothers came as a result of a judgement delivered by Justice Binta Nyako of the Federal High Court of Abuja. The final step in the extradition process was the signing of the Surrender Order by the Attorney General of the Federation.

The order authorised the government of US to take custody of Samuel and Samson Ogoshi, aged 22 and 20 respectively, and bring them to face trial in West Michigan, USA.

The US Attorney for the Western District of Michigan, Mark Totten in a statement on Sunday disclosed that the arrest of the Ogoshi siblings was the culmination of a collaborative investigation carried out by both the Federal Bureau of Investigation (FBI) and the Economic and Financial Crimes Commission (EFCC). The suspects are currently in federal custody in Michigan, according to the statement.

“I am extremely pleased with how swiftly extradition efforts moved forward, and I am grateful to the FBI and our Nigerian law enforcement partners for their unyielding work to secure justice in this international sexual exploitation investigation,” Totten said in a release published on the website of the US Attorney’s office.

He said both men were indicted in May 2023 of four counts bordering on sexual exploitation, child pornography, and cyberstalking.

Samuel was also charged with causing the death of 17-year-old Jordan DeMay of Marquette, Michigan, who was found dead from a self-inflicted gunshot wound in March 2022.

According to prosecutors, Samuel used a hacked social media account to make contact with DeMay while pretending to be a young woman. After persuading DeMay to provide a sexually explicit photo of himself, he allegedly threatened to publicly release the image unless DeMay paid him.

“DeMay paid Ogoshi $300, but Ogoshi demanded more,” authorities said, and that after DeMay wrote that he was going to kill himself, Samuel allegedly responded, “Do that fast, or I’ll make you do it,” Totten said.

Justice Nyako ordered both suspects to be turned over to the United States to face the charges in the indictment.

“Sextortion is a horrible crime,” said Totten, who added, “To those who commit these crimes, we will pursue you around the world. And to those who are victims, please know we stand ready to help you.”

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POLICE SEAL BABY-FOR-CASH ORPHANAGE, NAPTIP BEGINS PROBE

The Ajah premises of the Arrows of God Orphanage in Lagos has been sealed by the police and one of its administrative staff arrested, according to the Foundation for Investigative Journalism (FIJ).

Meanwhile, CITY LAWYER gathered that the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) has taken possession of Oriade Runsewe, the now six-month-old baby sold under the table by Arrows of God orphanage to undercover journalist ‘Fisayo Soyombo on July 6, 2023.

According to FIJ, “Building on previous interactions dating back to July, NAPTIP officials initated (sic) contact with FIJ on Thursday to state their readiness to receive the baby. The handover was completed on Friday when two staff of FIJ turned in the baby to the Lagos Zonal Command of NAPTIP headed by Comfort Agboko.”

Fatima Waziri-Azi, Director-General of NAPTIP, subsequently confirmed to FIJ early on Saturday that “the baby is currently in our custody, and is receiving the necessary care at our shelter”.

“The rate of buying and selling of children across the country is indeed alarming and the public must desist from patronizing illegal centres to procure children, as it contravenes section 21 of the TIPPEA Act of 2015(as re-enacted),” Waziri-Azi said.

“Adoption and fostering processes remain the mandate of the federal and state governments. Individuals, NGOs, or orphanages do not have the right to give out children for adoption.”

The actions followed the documentary and multimedia story by ‘Fisayo Soyombo, the founder and editor-in-chief of FIJ, which uncovered a baby sale at the orphanage after a 19-month investigation.

The authorities sprang into action in response to FIJ’s report published on Thursday and documentary which went live on Friday.

When FIJ visited the orphanage on Saturday, the gate had been sealed. The few eyewitnesses around were reluctant to give details of what they saw on Friday afternoon. However, the seals on the orphanage’s gate and fence seen by FIJ were from the Lagos State Ministry of Youth and Social Development.

“This premises has been sealed following the violation of the CHILD RIGHTS Law of Lagos State,” the seal read.

FIJ’s reporters met a man whom a commercial motorcyclist recognised as a worker at the Arrows of God Orphanage along Oke Ira Road. However, the man, who simply identified himself as Julius, denied working with the orphanage.

Julius claimed he had lived close to the orphanage for about seven years. He said that he saw a crowd in front of the orphanage on Friday afternoon.

“I live here, but I did not really witness it actually. I came when I saw the people were taking the children… I really don’t know but I think they were from Alausa,” Julius told FIJ on Saturday.

“You guys were the people who published the stuff, right? Someone asked you guys to publish that stuff?

“I stay at this estate. I have been in this area for like six or seven years, and people might have different opinions, but I don’t see this home as a home doing all the stuff that people are saying.

“All I know is that the home has a good record for years. I don’t know if they [those who came to seal the orphanage] came in trucks; I just saw people going out. People from inside the orphanage. It was around 3:00 pm.”

A young man with tribal marks said he didn’t know anything about the sealing on Friday and directed us to the previous shop where we met Julius.

Fathia, a young lady working at a tailor’s shop next to the orphanage, told FIJ that she and her sister attended the school inside Arrows of God Orphanage. She confirmed that the authorities came to the orphanage at about 3 pm on Friday.

“I don’t know o. I just saw people coming out. It was in the afternoon,” Fathia explained.

“What I know is that this orphanage, this school is where I went to. But what I see is that it’s not like before. I finished from the place 6 years ago, and even my siblings.

“I schooled there, and it’s not as lively as before. The school that is run there is primary, nursery and kindergarten (sic). People can apply to the school to enroll their children.”

Some shop owners opposite the orphanage denied awareness of the incident.

None of the residents living close to the orphanage confirmed the agencies involved in Friday’s raid.

FIJ knows for a fact that the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) was involved. A NAPTIP official at its Lagos office confirmed the orphanage closure and Oluchi Onyia’s detention.

“Yes, we know about the sealing of the orphanage. Don’t worry, everything is okay. Oluchi Onyia is with us,” the NAPTIP official told FIJ on Saturday.

“Oluchi is in our office right now. We actually got more details and we picked Oluchi up yesterday. As the whole process progresses, we will let you know.”

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UNICAL STUDENTS ACCUSE LAW DEAN OF SEXUAL HARASSMENT, LAW SCHOOL SCAM (VIDEO)

Female students of the Faculty of Law, University of Calabar have accused the Dean of Law, Professor Cyril Ndifon of sexually exploiting and harassing them.

In a video shared by a Twitter user and seen by CITY LAWYER, the female students and their male colleagues were seen protesting in front of the Law Faculty.

The tweet also bore the hashtags #CyrilNdifonMustGo and #ProtectOurGirls.

The protesting students also displayed placards with disturbing inscriptions like, “We are tired of sucking big dick”, “Professor Ndifon, let the girls with big breast breathe. Stop suffocating us”, “Enough of Law School list manipulation.”

News Band gathered that Ndifon was once suspended by the institution over allegations of sexual harassment and other sundry issues but was later recalled.

News Band alleged that there are reports that the “powers that be at the University of Calabar” are “making concerted efforts to intimidate the students after exposing professor Ndifon sexual misconducts.”

The university authorities are yet to comment on the scandal.

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APPEAL COURT JURIST AGBO FOR BURIAL OCT. 6

Deceased Court of Appeal jurist, Justice Raphael Agbo is to be buried on October 6, 2023 at his home town in Obollo-Eke, Enugu State. This is exactly 15 days from his original retirement date of October 21, 2023.

A notice seen by CITY LAWYER shows that the late appellate court judge would be buried at his home town after a Valedictory Court Session at the Court of Appeal Complex, Park Avenue, GRA, Enugu on October 4, 2023.

This will be preceded by a Christian Wake Keep at his Enugu residence on Monday, September 25, 2023 by 5 pm.

Admitted to the Bar in 1978, Justice Agbo was the second ranking justice of the Court of Appeal before his death.

He was appointed to the Court of Appeal bench in 2005 after a chequered career as a judicial officer.

CITY LAWYER recalls that former Enugu State Governor Ifeanyi Ugwuanyi had recently named the Enugu State Multi-Door Courthouse after the jurist who hails from the state, saying it is “honour well-deserved.”

In perhaps his last major judgment, Agbo had led a Court of Appeal panel which upheld the conviction of Senator Bassey Akpan, the governorship candidate of Young Progressives Party (YPP) in Akwa Ibom State, over money laundering charges. The court also ordered Akpan’s arrest.

The panel, sitting in Calabar, however varied the sentence by granting the appellant an option of fine.

“The court also affirmed that the appellant should restitute the sum of N240 million to the federal government through the EFCC and that the said restitution shall not be a prerequisite for his release from the correctional facility,” an Economic and Financial Crimes Commission (EFCC) statement noted. “The court finally revoked the bail and ordered the arrest of Senator Akpan.”

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AGC TEAM ISSUES FRESH NEWSLETTER

AGC NEWS RELEASE

NBA Newsletter 002: Annual General Conference 2023 Update

Dear Colleagues,

The AGC is only a few days away. Are you ready? It’s going to be a conference like no other.

We believe you enjoyed reading the first edition of the newsletter. Here’s the second edition.

Your National Publicity Team and the AGCPC Content Creation Team are committed to ensure that you don’t miss out on any important information. We know the AGC is a lot, so we are poised to make it compact for you.

We do hope this makes it easy for you to stay abreast of all you need to know. Kindly be generous with your feedback.

We can’t wait to have you at the AGC2023.

Please click the link below to follow the NBA on Twitter and Instagram for instant updates.

Twitter:
https://twitter.com/nigbarassoc?s=21&t=cTRPmA_zZNvEBnTfsWPmnw

Instagram:
https://www.instagram.com/p/CiSnHVgsUTo/?igshid=NmNmNjAwNzg=

Truly yours,
Charles Olawale Ajiboye,Esq.
National Assistant Publicity Secretary

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IS BENCH APPOINTMENT NOW A DEATH SENTENCE?

The Judiciary’s Call for a Show of Interest to Join its Ranks: A Call that is Gradually Turning into a Death Sentence for Lawyers

By Bayo Akinlade

This might sound like a harsh topic but it’s the best I got for now, besides; if you read the content you may just see a twist to all these drama taking place within the Judiciary.

In the midst of announcing the obituary of jurists dying while still serving in their prime; the Legal Community is receiving invitations from the Judiciary asking Lawyers to apply to be appointed as Judges.

Frankly, I am getting irritated daily by these monotonous, over-simplified and meaningless system of filling the ranks of the Judiciary but who am I to challenge a system soo enshrined in nepotistic and corrupt values.

Let’s go straight to it :

When a Judge is elevated to the higher bench or retires or is otherwise elevated to the life beyond (Dies) the Judiciary kicks up its process of recruitment to fill its ranks via a notice to the legal community for ‘Lawyers’ (Magistrates are Lawyers too) to apply to show an interest that they want to be Judges.

A GLOBAL OUTLOOK

All Judges of Superior Courts of Records are Lawyers! (Just thought to reemphasize that point).

Judges around the world are either;

  1. Appointed – by an appointing authority, following the rules laid down and encoded in statutes; or
  2. Selected – by traditional and accepted methods which includes trusting the judgement of the person doing the selecting (usually the Chief Judge who may rely on the advice of other Judges and senior lawyers). The ‘Selector’ is known to be an honest, transparent and incorruptible judge himself and a good judge of character, or;
  3. Election – In this case; (Countries like the USA) lawyers run for the office of a Judge. They are voted in by the people within that District or State and they understand that they are accountable and committed to the people. The Judges here aim to dispense the people’s sense of justice thus less susceptible to personal influences and are generally independent. In Nigeria, we have an interesting system where we have laws codified on how appointments are to be done but these laws are soo ambiguous that the selection and election methods are adopted underneath. However, these other models are used wrongly and sadly, this hybrid system has seriously compromised our justice delivery sector. CAN I MAKE SOME SUGGESTIONS:

Let me note here that every Judge appointed has a great impact on the potency or otherwise of our Justice System. If a Lawyer is appointed a Judge at the age of 35, with the retirement age at 70; that is 35 years of the future of our justice system already set in stone. So this is no JOKE!

  1. Elevate serving Magistrates:

Many have opposed my opinion as it concerns the Lower Courts but I am not here to convince anyone.

For many reasons, elevating a Magistrate is the least tricky and more predictable way to go especially if you want to evaluate outcomes of reforms within the Justice delivery Sector.

We already know their capacity and ability so no surprises on how they may turn out 5 to 10 years down the line. However; a Magistrate elevated to the High Court Bench or even directly to the Court of Appeal or Supreme Court must have at least 15 more years to serve on the higher bench and must have been a Magistrate for at least 7 years, for High Court and for at least 10 to 15 years, for the CA or SC.

A Magistrate for all intent and purposes has all the basic knowledge and experience in adjudications and unlikely to have conflicts of interest as others I will mention below may have.

  1. Lawyers in Active Litigation Practice:

These set of Lawyers; in my opinion, comes in a distance second in the appointing process. These Lawyers once appointed should be specialized and restricted to their area of specialization when they become Judges.

I see no point in appointing a Lawyer whose expertise at the Bar was in administration of criminal justice only for him to be a judge and then sit in the general civil or family court divisions… What a waste of potential if you ask me.

Considering the fact that today’s Judge only sits on one case 4 to 5 times in one legal year and that’s if you are lucky, it is best that such a Judge stays in one division for the entire period of their time in service.

  1. The State Counsel:

I am at a crossroad when it comes to State Counsel. I wonder sometimes what they bring to the table but I just have to give them the benefit of the doubt.

I would ordinarily not recommend appointing State Counsel into the Bench in Nigeria mainly because of how we are structured..nepotism, influence peddling and the fact that in some Ministries of Justices, some State Counsel do absolutely NOTHING!

And unless we change our laws and separate the office of the Attorney General from the Minister or Commissioner for Justice, things may never get better on this front.

My main concern in appointing a State Counsel as a Judge is the underlining constant temptation to misunderstand their new role as Judges and think themselves as beholding to their government overlords …. basically, the CIVIL SERVANT mentality where the Governor or Commissioner is their boss and not the people.

They are more likely to be influenced by the appointing authority and not insist on their independence as Judges.

They are likely to think of the Executive arm of Government or the Chief Judge as masters instead of seeing the people as their priority.

Let me conclude and suggest that in ensuring and promoting public confidence in our Judiciary we must insist that:

  1. The names of all those who apply to be Judges must be WIDELY published.
  2. The measure used to shortlist candidates must be made known to all.
  3. The final list of successful candidates must be published with reasons and their CV’s must be made public.

Appointing a Judge is a very important exercise, it is perhaps more important than how we elect people into our Executive or the Legislative arm of Government.

TO LAWYERS:

My advice to candidates are simple: 1. Don’t apply to be a Judge because of monetary or social concerns – it’s not a place to go make money or feel important with yourself, 2. It is not a retirement plan so don’t go there, 3. Don’t go there because you think you are NOT successful in your practice, 4. It is not a career advancement!

To be a judge is a calling not a job.
If you love justice, and you really want to make a difference, search your hearts, save ‘’us’’ from your ambitions first, then and only then will you be ready……… Ready to Serve.

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BAR LEADER TACKLES FCTA ON PARK AND PAY POLICY

Reintroduction of the Park and Pay Policy By the FCTA: An Exploitative and Obnoxious Venture in the Midst of Hardship

By Obioma Ezenwobodo

The recent plan by the Federal Capital Territory Authority to reintroduce the notorious and exploitative park and pay policy in the FCT has once again shown the utter disconnection between the government and the governed in Nigeria. In a time when Nigerians and residents of the FCT are experiencing biting hardship due to the sudden withdrawal of fuel subsidy, the least the FCTA, which is a primary beneficiary of the subsidy removal, could do is to enact a policy that would further tithing the noose on innocent motorists in the FCT.

It must be noted that this same policy was in operation in the FCT before it was nullified by Justice Peter Affen of the FCT High Court, Apo Abuja in 2014. Before then, roads in the FCT were partitioned to different unregulated contractors who unleashed all manner of touts and street urchins to harass, intimidate and exploit innocent motorists and residents under the guise of restoring sanity on the roads. Such was the level of carnage before they were sent parking by the court.

The renewed attempt by the authority of the FCTA to reintroduce this policy under the belief that it has acquired necessary legality is deceptive and lacking legal basis.

The FCTA should not capitalize on its inability to provide affordable and efficient public transport system in the FCT to impose obnoxious levies on innocent motorists who are filling the gap by providing their own transport system. The FCTA is advised to concern itself with ways of alleviating the hardships residents of the FCT are undergoing. This can be done by reintroducing the defunct “El’Rufai” Bus Shuttles as palliative measures for the benefits of the residents.

Obioma Ezenwobodo Esq.
Chairman,
NBA Garki Branch, Abuja

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PUNUKA HONOURS JUSTICE IDIGBE WITH CENTENARY EVENTS

Asaba, the Delta State capital, came alive on Friday and Saturday as Punuka Attorneys and Solicitors, and its non-profit arm, Punuka Foundation, honoured the late Supreme Court Justice, Chukwunweike Idigbe.

The late Justice Idigbe, who hails from the state, founded the law firm in 1947. It was formerly known as Punuka Chambers.

Friday’s events included the inauguration of the “Hon. Justice Chike Idigbe e-Library & Resource Centre”. It was donated to the Asaba Branch of the Nigerian Bar Association (NBA) by the Punuka Foundation.

A public lecture in honour of the late Justice Idigbe, organised by the NBA branch, was also held on Friday. The day ended with a dinner event tagged “An Evening with Prof. Poonam Puri”.

Puri, a professor of law at the Osgoode Hall Law School of York University in Toronto, Canada, was also one of the speakers at the lecture. The other speaker was Prof. Emeka Chianu, a professor of law at the University of Benin (UNIBEN).

The high point of Saturday’s events was the inauguration of the “Hon. Justice Chukwunweike Idigbe Museum and Youth Centre”. It was built by Punuka Attorneys & Solicitors. The commissioning was preceded by the Holy Mass at the St. Joseph’s Catholic Church, Asaba, and a visit to the Asagba of Asaba’s Palace.

The Asaba events were a continuation of a year-long programme designed to immortalise the late Justice Idigbe. On July 31, the Punuka Foundation Childcare Centre, Lekki was opened, as part of the events.

Earlier on May 3, the Justice Chike Idigbe Faculty of Law at the Veritas University permanent site in Bwari, Abuja, was unveiled under the auspices of Punuka Attorneys & Solicitors. The firm and the Idigbe family spearheaded the fundraising and got donors to contribute towards the building construction.

Principal Partner at Punuka Attorneys & Solicitors, Chief Anthony Idigbe (SAN) said the year-long events were designed to honour his father, who would have been 100 years old on August 12, 2023.

He said the Museum and Youth Centre would preserve the legacy of Justice Idigbe – his experiences, life’s lessons and contributions to jurisprudence. The youth centre, he said, has an internet-equipped library, offering research opportunities for youths who need quiet surroundings to study.

“There is sufficient space for seminars and other programmes to empower the youth. We hope to partner with the state government to deliver on the programmes,” he said. The centre also has a gazebo, which Chief Idigbe said can be used to stage plays or recitals as well as other creative displays.

Speaking on the E-Library and Resource Centre, Managing Partner at Punuka Attorneys & Solicitors, Mrs. Elizabeth Idigbe, said it would boost legal practice.

She said: “Justice Idigbe stood for excellence and good education. He believed in doing things right. The e-Library will encourage lawyers to do things right. The enhanced research will enable them to do their cases powerfully and properly before the courts.

“We’ve had issues about inadequate knowledge. Judges and lawyers complain. So, we believe the e-Library and Resource Centre will help address that. We also believe it’s another good way to honour a man who represented the very best of the legal profession.”

Delta State Governor, Sheriff Obarevwori, represented by the Secretary to the State Government, Dr. Kingsley Emu, paid tribute to the late Justice Idigbe and lauded the family for immortalising him.

He said: “I am happy to be part of this deserved honour being accorded to Justice Idigbe by his family and the NBA. It is most befitting that having traversed the legal profession and became a judge of the Supreme Court, the legacy he left behind should be given a life of its own to serve as a source of inspiration and encouragement to members of society, especially members of the NBA and the youths.

“No doubt, a museum in his honour will definitely harbour his works, especially the in-depth judgments he gave as a judge in the High Court, and as a Justice of the Supreme Court.

“From 1946 when he became a lawyer, he began to blaze a trail as he set up his chambers in Warri in 1947. Despite the interregnum caused by the civil war, he still rose to become a judge of the Supreme Court of Nigeria.

“Months to his anticipated elevation as the Chief Judge of the Supreme Court, nature intervened and he went in a blaze of unblemished glory to meet his creator.”

He promised that the state would partner with the Youth Centre in building human capital.

The Asagba of Asaba, His Royal Majesty, Chike Edozien, shared fond memories of the late Idigbe, who he said was a year ahead of him in secondary school and loved to play the piano.

His words: “It’s a day of joy to recognise our brother who left us many years ago. He taught me how to play the organ but I could never play it as well as him because God gave us different talents.”

“I am happy we are celebrating Chike’s immense contributions to Delta, the Judiciary and to Nigeria in general,” said the 99-year-old monarch, who marked his birthday on July 28.

The immediate-past Minister of State for Budget and National Planning, Prince Clement Agba, who chaired the Friday night dinner, said the removal of petrol subsidy removal was necessary because it was unsustainable.

“Removal of petrol subsidy is one right decision taken by the new administration, as well as the unification of exchange rates,” he said.
According to him, Nigeria could not continue to subsidise petrol consumption for other countries while it has an infrastructure deficit of $2.5trillion. “The only way to make omelettes is to break the egg and I’m happy the current government is doing that,” he said.

Prince Agba, who believes that the private sector should drive the economy, called for increased impact investment to help grow local communities.

His words: “Impact Investing is investments made to generate positive, measurable social and environmental impact alongside financial returns. It is growing and gaining a reputation as a more sustainable way of investing across the globe.

“The Global Impact Investing Network (GIIN) estimates the size of the worldwide impact investing market to be $1.164 trillion. A major reason for its wide acceptance is that it offers a huge potential to address development challenges and a veritable source for bridging the SDG financing gap, estimated to be $2.5 trillion annually.

“Government’s role in promoting impact investing in Nigeria will include building an ecosystem of regulatory framework and oversight by strengthening the industry infrastructure through appropriate regulation, as well as establishing sufficient leadership to monitor the market.”

Prof. Puri highlighted the critical public financing role of the Canada Infrastructure Bank, which she believes Nigeria can learn from. She also stressed the need for an efficient dispute resolution mechanism to encourage investments, adding that clear and simple rules are needed.

“I believe in regulation, but over-regulation can be harmful to the economy,” she said. “Also, when businesses need licenses, it should be easy to get. It should not take months or years to obtain a permit.”

The events were graced by dignitaries and eminent Nigerians from the Bar, the Bench, and captains of industry, among others.

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KEBBI CJ POST: NJC DISOWNS LETTER, LAUNCHES PROBE

The National Judicial Council (NJC) has denied authorship of a trending letter which asserts that the Kebbi State Governor holds exclusive authority in determining the hierarchy of judges.

News reports (not CITY LAWYER) had alleged that the appointment of the Head of Court or Chief Judge resides solely within the jurisdiction of the state’s Governor.

But the apex regulatory body in the judiciary distanced itself from the controversial letter, saying it has asked relevant security agencies to launch a probe with a view to unmask its authors.

The NJC “earnestly appeals to all concerned parties, including media establishments and the public, to place reliance solely on validated and genuine sources for information pertaining to judicial affairs.”

The “Disclaimer” obtained by CITY LAWYER and signed by Mr. Soji Oye, NJC’s Director of Information, reads:

The attention of the National Judicial Council has been drawn to a fake letter dated 14 July 2023, purported to have emanated from the Council, and signed by the Chief Justice of Nigeria and Chairman, National Judicial Council, Hon Justice Olukayode Ariwoola, GCON.

The fake letter titled “Order of Seniority of Judges of the High Court of Kebbi state and recommendation of Justice Umar Abubakar as the substantive Chief Judge of Kebbi state” addressed to the Chief Judge stating “that under section 10 of the existing law of Kebbi state 1996, His Excellency, the Governor, has the power to determine Seniority of Judges and the National Judicial Council has no power to override or reverse the decision of His Excellency”.

It further stated that “the office of the Head of Court/ Chief Judge is purely a political appointment to be decided by the Governor of a state “.

For the purpose of clarification and avoidance of doubt, the National Judicial Council hereby emphatically disclaimed the letter as there is no iota of truth in it, and no such letter ever emanated from the office of the Chief Justice of Nigeria or the Council.

The public is hereby advised to discountenance the letter and its content.

Meanwhile, the Council has reported the unfortunate case to the relevant security agencies with a view to investigate and bring to book whoever is behind this dastardly act.

Soji Oye, Esq.
Director, Information

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SCANDAL: COURT, POLICE, ARMY COLONEL NAMED IN BABY-FOR-SALE SCAM

The judiciary and the Nigerian Police Force have been named in an extensive investigation involving the sale of a child for N2 million by Arrows of God Orphanage headquartered in Lagos.

According to a report by investigative journalist Fisayo Soyombo, the orphanage sold a new-born baby to him and his fake wife through their Anambra State branch and without any background checks.

In the middle of the scandal is a retired Army Colonel, Rev. Lt. Col. D. C. Ogo. An ordained Minister and a former Principal of the Nigerian Army School of Nursing and Midwifery, Ogo is a former Chief Matron and Founder/President of the orphanage.

The under-cover journalist said that his attempt to alert the police and National Agency for the Prohibition of Trafficking in Persons (NAPTIP) on the baby-for-cash deal have proved abortive, as both entities have not shown any enthusiasm towards the matter.

He stated that loads of fake documents were procured to complete the “adoption” process, saying: “The second (document) suggests that my wife and I sat with the Social Welfare Officer of Nnewi Local Government before ‘His Worship’ L. S. E Uzuodu, the chief Magistrate of Nnewi Magisterial District court, and Okoro Joy Obiageli, the Assistant Chief Registrar 1, on Friday June 16, 2023.”

Stating that this was a lie, Soyombo wrote: “On the said date, I was not in the country, while my ‘wife’ was in Kano, faraway from Anambra!”

Meanwhile, the Founder of the orphanage had allegedly stated that the documents were procured by bribing the court and police officials, saying: “We just have to give them their entitlements. You see, the police and the court, once we give them their entitlements, they will be fast with the documents.”

He stated that Ogo had told him during their first telephone conversation that “it is in the East that you are going to buy this one (baby),” adding that “All the phone numbers on each document (supplied by the ‘couple’) were fake and unreachable; nobody at Arrows of God attempted to dial any of them. Neither Onyia nor Rev. Ogo nor her right hand man Monday dialed the phone numbers on the reference letters by my supposed pastor, head of family, and the important person.”

Expressing concern over the court papers, Mr. Abimbola Ojenike, a child advocate and Partner at Slingstone LP, said: “The possibility of securing a court order for the adoption of a child without appearing before any court is worrying.

“Applications for court orders for adoption or care and supervision of a child are considered cautiously based on relevant child protection principles, laws and regulations. Ultimately, the fundamental goal is to preserve the best interest of the child.

“A court’s evaluation should raise questions such as who is the person applying for adoption? Does the person have the legal and economic capacity to adopt and care for a child? Is the person a suitable person to be assigned with parenting responsibilities in the best interest of the child? What social investigations have been conducted about the person and what facts are known to government social workers and the social worker of the organisation that currently has the ostensible custody of the child?”

Ojenike also queried the papers presented before the court in support of the application for adoption, saying: “Who signed the affidavit on behalf of the actual person applying for custody? What facts did they place before the court to persuade a court to give a child to a person whose actual identity is not known and who did not appear before a Commissioner for Oaths or the court that granted the adoption order?

“It’s a real danger that a transaction for the sale and purchase of a whole Nigerian child was concluded in 2023 with a veneer of judicial authority. We have to go beyond just saying that children are important to actually putting in place processes and systems that effectively safeguard and advance their rights. If we address the red tape and racketeering that frustrate people with legitimate intentions who want to adopt children, we can effectively shut down the market for babies which many good-spirited people have patronised without knowing.”

CITY LAWYER could not independently confirm the authenticity of the court papers. Soyombo however stated that an Air Peace staff told him that he and his fake wife would have been arrested if they tried to fly with the baby through the Anambra Airport, compelling them to ferry the baby to Lagos via a 10-hour road journey.

Said the airline official: “Those documents with you would have been scrutinised; and since you did not get the baby through the right channel, you would have been arrested.”

* Handing over the baby to the buyer

The judiciary, the police and NAPTIP are yet to respond to the scandal.

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