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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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NATIONAL HONOURS: BUHARI TO DECORATE NGIGE, MAIKYAU, OLANIPEKUN, OZEKHOME, OTHERS OCT. 11 (FULL LIST)

ALSO LISTED: DONGBAN-MENSEM, TSOHO, KANYIP, AYO SALAMI, ISHAQ BELLO, MALAMI, FASHOLA, BOSS MUSTAPHA, OKOCHA, SAGAY, BANIRE, ALLEN ONYEMA, AJOGWU, OSUMAN, GIDADO ….

The Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige SAN is among the 437 honorees who are set to be bestowed with National Honours by President Muhammadu Buhari at the State House, Abuja on October 11, 2022.

In a letter obtained by CITY LAWYER and dated 19th September, 2022, the Minister of Federal Ministry of Special Duties and Inter-Governmental Affairs, Senator George Akume informed Ngige that “I have the honour to formally inform you that the President of the Federal Republic of Nigeria, His Excellency, Muhammadu Buhari, GCFR, has approved the conferment of the National Honours on you, in the rank of OFR (Officer of the Order of the Federal Republic).”

Among prominent lawyers who have also been listed for the national honours are Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN; Chairman of the Body of Benchers, Chief Wole Olanipekun SAN; Ondo State Governor, Mr. Rotimi Akeredolu SAN, and the Executive Secretary of National Human Rights Commission (NHRC), Mr. Tony Ojukwu SAN.

The Chief Justice of Nigeria, Justice Olukayode Ariwoola and Director-General of the World Trade Organisation (WTO) are among only five Nigerians to receive one of the highest honours of Grand Commander of the Order of the Niger (GCON), even as a total of 437 honorees have been penciled down for the 2022 National Honours Award.

While 54 honorees will receive the Commander of the Order of the Federal Republic (CFR) award, 67 honorees will be awarded the Commander of the Order of the Niger (CON) medal. Others are 64 honorees for Officer of the Order of the Federal Republic (OFR), 101 for Officer of the Order of the Niger (OON), 75 honorees for Member of the Order of the Federal Republic (MFR), 56 for Member of the Order of the Niger (MON) and eight for Federal Republic Medal (FRM).

PREMIUM TIMES reports that other recipients include serving and former governors, serving and former presiding officers of the National Assembly, serving and former Chief Justices of Nigeria and serving and former members of the National Assembly. Others are serving and former service chiefs, traditional rulers, retired public servants, lawyers, philanthropists, businessmen, ministers and members of the academia.

GCON
Apart from Mrs. Okonjo-Iweala, the other recipients of the GCON are the Senate President, Ahmad Lawan; Chief Justice of Nigeria, Justice Kayode Ariwoola, his predecessor; Justice Tanko Muhammad and UN Deputy Secretary General; Amina Mohammed.

CFR
Prominent on the list of recipients for CFR include Speaker of the House of Representatives, Femi Gbajabiamila; Chief of Defence Staff, Lucky Irabor; former Speaker, Yakubu Dogara, and Appeal Court president, Monica Mensem, and former Army Chief, Tukur Buratai. Others are Inspector General of Police, Usman Alkali, his predecessor, Mohammed Adamu, Emir of Lafia, Sidi Bage, and Tor Tiv, James Ayatse, among others.

OFR
Nominees in this category include Catholic Archbishop of Abuja, Ignatius Kaigama, CEO of the NNPCL, Mele Kyari, Nasiru Bayero and Muiz Banire. Others are Ishaq Bello, Aliyu El-Nafaty and Kehinde Aina, among others.

OON
Some nominees in this category include National Assembly members such as Alhassan Doguwa, Muktar Betara, Ndudi Elumelu and Nkiruka Onyejeocha. Others are a former Permanent Secretary, Sunday Echono, NBA President Yakubu Maikyau, Sarki Abba and Sabiu (Tunde) Yusuf, among others.

MFR
In this category are Sanusi Lemu, late DIGJoseph Egunike (posthumous), Haliru Nababa and Burna Boy. Others are Simon Shango, Billy Okoye, Akwa Okon and Emeka Agbanari, among others.

To view the full list of honorees, click here.

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COURT OF APPEAL AT 45: MILESTONES IN JUDICIAL REFORMS

By Hafizu Isah 

“Look at the past, then you learn about the future.” – Chinese proverb

When the Federal Court of Appeal was established in 1976 following Decree (now Cap. C36 Laws of the Federation of Nigeria 2004) the aim was to help lighten the burden of the Supreme Court. In other words, it came to serve as a bridge between the Lower Courts and the Apex Court.

Owing to the 31st December, 1983 Military Intervention and the promulgation of the Constitution (Suspension and Modification) Decree, 1984 the name of the Court was changed from Federal Court of Appeal to the Court of Appeal.

The Court of Appeal was established as an Appellate Court to entertain Civil or Criminal appeals from the Federal High Court, High Court of the Federal Capital Territory, High Courts of the 36 States as well as National Industrial Court, Customary Courts of Appeal of states and the Federal Capital Territory, Sharia Courts of Appeal of States and the Federal Capital Territory, Election Petition Tribunal, Appeals from Martial Court, Code of Conduct Tribunal, Investments and Security Tribunals, Legal Practitioners Disciplinary Committee, and most recently, the Alternative Disputes Resolution (ADR) which was established on 28th June, 2018.

GROWTH:
At the onset, the Court of Appeal started with 3 Judicial Divisions: Lagos, Kaduna, and Enugu. Lagos Division recorded its first criminal appeal on the 10th of March, 1977 between DURO AJAYI, BAMIDELE AJAYI and DARAMOLA DADA vs. THE STATE, brought before their Lordships Hon. Justices D.O. Ibekwe, Hon. J. Omo-Eboh, of blessed memories and Hon. D.O. Coker. On the 9th of May 1977 in Kaduna Division the first culpable homicide appeal involving ONOBERE SUNMONU vs. THE STATE was brought before their Lordships Hon. Justices late Mamman Nasir, late S.I. Ete and M.L. Uwais. The late Hon. Justice B.O. Kazeem sat with Hon. Justice D.G. Douglas and late M.M.A. Akanbi, at the Enugu Federal Court of Appeal Division on 12th May, 1977 to adjudicate its first criminal appeal that involved NWEKE UNUGU vs. THE STATE.

With the 3 operational Divisions, the need arose for expansion. As a result, in June, 1977, additional Divisions were established in Ibadan and Benin and in January, 1983, Jos Division came alive. This expansion continued in 1989 as Port Harcourt Division was established and subsequently Abuja Division came to light in 1996.

With increase in demand for services of the Court of Appeal, 2 Judicial Divisions sprang in Ilorin and Calabar in February, 1999 totalling 10 Judicial Divisions. 1999 to 2009 witnessed the establishment of six more Divisions namely: Owerri, Sokoto, Yola, Ekiti, Akure, and Makurdi, bringing the Divisions to 16. To further take justice delivery closer to the people, 4 Divisions: Asaba, Awka, Gombe and Kano, were added between 2014-2019. 45 years on, the Court of Appeal boasts of 20 Judicial Divisions, spread across the six geopolitical zones of Nigeria.

As the second longest President of the Court of Appeal, Hon. Justice Umaru Abdullahi, CON the Walin Hausa puts it, “the Court of Appeal is where the decisions are made; the Supreme Court merely whitewashes it” hence, the need for justice delivery to be taken seriously and closer to the people.

From the above perspective, the need beckoned to increase the number of Justices adjudicating in this Noble Temple from the initial 36 it started with to 41 in 1990. Again, it rose to 50 in 1993 and to 70 in 2006. With the Court of Appeal Amendment Act of 2013 the number increased to 90. Currently, the Justices are 85 in number.

The Court has produced 7 presidents namely:
The Late Hon. Justice D.O. Ibekwe, CFR 1976 – 1978
The Late Hon. Justice Mamman Nasir, GCON 1978 – 1992
The Late Hon. Justice Mohammed Mustapha Akanbi, CFR 1992 – 1999
Hon. Justice Umaru Abdullahi, CON 1999 – 2009
Hon. Justice Isa Ayo Salami, OFR 2009 – 2012
The Late Hon. Justice Dalhatu Adamu (in Acting capacity) 2012 – 2013
Hon. Justice Zainab Adamu Bulkachuwa, OFR, CFR 2014 – 2020
Hon. Justice Monica Bolna-an Dongban-Mensem 2020 – to date

Sitting in the former Federal Capital of Nigeria, the Court was accommodated in the old Supreme Court Complex now Lagos Division. With the movement from Lagos to Abuja, the Court of Appeal domiciled at the Area 3 office complex which now houses the National Industrial Court (NIC). It was during the tenure of the then President, Court of Appeal Hon. Justice Umaru Abdullahi, CON that all hands were put on deck to build a befitting office complex, commissioned by the Ambassador of the Rule of Law and Commander-In-Chief of the Armed Forces, late President Umaru Musa Yar’adua, GCFR, on 15th December, 2008.

The Court of Appeal on top of history right now, is a melting pot where justice is justice without colour, section or place of origin, where all the Justices must sit together in a quorum to take decision in any matter devoid of sentiment. This is the reason some Senior Advocates of Nigeria have been speaking on the developments as the Court turns 45 years old.

Historically speaking, for Chief Adegboyega Awomolo, (SAN) who has spent over three decades at the Bar, the establishment of the Court of Appeal as an intermediate Court between the High Court and the Supreme Court is justified. For Chief Garba S. Pwul, (SAN) the Court has been extraordinary in terms of effective expansion, performance and impacting positively on the legal system of Nigeria. While Chief Patrick Ikwueto, (SAN) is of the view that the Court has done tremendously and has lived up to its statutory mandate in discharging its functions creditably.

Chief Awomolo puts it thus, “The court has justified its existence, no doubt it has over the years produced very eminent jurists, some of whom ended their career in the Supreme Court, others retired as Justices of the Court of Appeal or Presidents of the Court of Appeal. To me, the Court of Appeal is desirable but it has to spread to a wider area because litigation in 1976, 1986, 1996, 2006 and now are never the same. Nigerians are getting more conscious of their legal rights and of course, people are now beginning to feel that it is better to test the decision of the High Courts in the Court of Appeal where three gentlemen of the learned profession will sit to consider the decision of one man.”

In the opinion of Chief Pwul, “To give a run-down of the performance of the Court of Appeal, first of all, to get to 45, is a great achievement. I started practising in 1982, and my posting as a Youth Corps member was in the Court of Appeal, Kaduna Division. I would say the Court of Appeal has come a long way in terms of expansion, performance and impact on our legal system. When I joined the Court of Appeal, there were only three divisions of the Court. Today, we have Divisions in more than half of the 36 states of Nigeria. In bringing justice proximate to the people, it is on record that the number of appeals determined every single year by the Honourable Justices is an indication that they have performed amazingly in the past 45 years.”

Learned Silk, Chief Patrick Ikwueto in his contribution observed that, both the Trial Courts and the Courts below and even practitioners who come before the courts are encouraged to do their work because in all human endeavours there are chances of making mistakes. The great Jurist, Oputa averred, when he referred to the Supreme Court as not being infallible because as human beings they could make mistakes, but since ‘’we are final, we are infallible’’ Ikwueto remarks.

Furthermore, Ikwueto is of the view that if there was no Court of Appeal, then the facts of the case at the Trial Courts won’t be tested, and if you were to have all these coming to the Supreme Court without an intermediary Appellate Court, obviously the situation would be very chaotic and ‘’I think that the Court of Appeal has lived up to its statutory mandate and it is worthwhile to have that appellate sieving platform whereby, judgements and decisions of the Trial Courts are tested again before they go to the Apex Court for final determination. The Court of Appeal indeed is a deserving intermediary between the Trial Courts and the Supreme Court.”

COA: A Confluence Where Justice Delivery meets with Information Technology
“A Justice without basic computer knowledge should not be appointed into the Appellate Court against the backdrop that today’s Information Technology (IT) has completely taken over all human endeavours that there is hardly anything one can do without it.’’
            – Chief Folake Solanke (first female SAN), Annual Justices conference 2020

The use of information communication technology is considered one of the key elements to significantly improve the administration of justice. In the knowledge, the world has rapidly developed into a global village which has opened new opportunities that were unthinkable some years ago.

Around the world, several reforms have been introduced to allow the use of enhanced electronic data and documents within the judicial systems. The availability of web services, the possibility of consulting online legislation, the use of electronic filing, electronic exchange of legal documents are spurring the judicial administration across the globe to rethink their functions and activities, enhance efficiency, access, timeliness, transparency and accountability that will help the judiciaries to provide adequate services.

The imperative of adequate ICT infrastructure in the sustenance of a thriving judicial system cannot be over-emphasized. This much Joe Kyari Gadzama, a Senior Advocate of Nigeria shared in a paper he presented recently, that given the number of cases being filed in different courts, it is necessary to review the workload on the Judiciary. He said: “We do need to realize the fact that the human brain has its limitations; hence, the era and practice of our Justices writing in longhand needs to be dispensed with for good.”

At a point when the world was almost shutting down as a result of the Covid-19 pandemic, was the period the 7th President of the COA, Hon. Justice Monica Dongban-Mensem assumed office. The period came with opportunities and challenges however, the new President came prepared.

From the different view points, Covid-19 engulfed the world with such a speed faster than the speed of light. Everyone became worried, scientists intensified research into the causes and possible vaccines to curb further spread and deaths.

As the virus spread its tentacles, it posed concern to medical experts and world leaders since every hope of finding cure seemed bleak. Thus, the world shut-down to prevent further spread. The only option was to Wash Your Hands Frequently with Soap under a Running Water; Wear a Facemask; Use Hand Sanitizers where Soap and Water is Not Available and Maintain Social Distancing.

This indeed changed how things were done. A world which thrived in trade and exchange of human resources now became completely locked down; forcing leaders and stakeholders to think deeply on how to sustain their economies to tally with human demands.

Back home, President Muhammadu Buhari declared the shutdown of the Federal Capital Territory, Lagos and Ogun States on 29th March, 2020 when it became obvious that the cases as well as death tolls were on the increase.

The Nigerian Judiciary was not left in the limbo! The Chief Justice of Nigeria, Hon. Dr. Justice Ibrahim Tanko Muhammad, Attorney-General of the Federation, Abubakar Malami, SAN and Head of Courts brainstormed on the way forward since the judiciary was a public institution where litigants, lawyers and Justices gather to adjudicate legal matters. Thus, Guidelines were rolled out on how the workforce would operate.

The little things that we do can become powerful if we reinvent ourselves

At the Court of Appeal, the Hon. President, Justice M. B. Dongban-Mensem brought the conversation to the front burner by engaging the services of virologists, Dr. Patrick Dakum, Chief Executive Officer, Institute of Human Virology and Prof. Abdulsalam Nasidi, former Director-General, Nigeria Centre for Disease Control (NCDC) to parley with some Justices and senior Management Staff on veritable opportunities for reform in Court Processes through tele-adjudication; imploring the use of zoom as a veritable platform to engage her brother Justices and Staff.

Armed with this knowledge, Dongban-Mensem said that the COVID-19 pandemic was a wakeup call for the court as a professional organisation to have full grasp while complying with the lockdown directive; ‘’but considering that the court has to adjudicate on urgent, essential and time-bound matters we should not completely close our doors to the public.’’ For the first time in 45 years of the Court, she experimented the use of Zoom to hold meetings and conferences with Justices and Sectional Heads while beefing up the ICT Department with the required technology to ensure that Court of Appeal is at par with other Judiciaries across the globe.

Fallout of Her Steady Strides

No doubt, the year 2020 had been eventful, not only in the history of Nigeria but the judiciary as well; especially the Court of Appeal with over 34,000 pending appeals spread across its 20 Divisions.

Recall that all through the lockdown from 25th March, to 30th June, 2020 Hon. Justice Dongban-Mensem confronted the fear that surrounded COVID-19 pandemic with faith to lead her colleagues by setting up Special Panels with the Justices drawn from all the Divisions. Special permits were obtained from the Police Force to cover their movements to expeditiously determine a total of One Thousand Three Hundred and Fifty-Six (1356) Appeals and One Thousand Nine Hundred and Sixty(1960) Motions.

More significantly was that a total of 528 Judgements (16.97% of the total number of Judgements) were delivered via the Zoom Online Platform during the course of the 2020-2021 Legal Year while 10 hearings were held by Panels of the Court using this platform.

The Panels at the Kaduna and Jos Divisions respectively delivered Six (6) and five(5) Judgements via the Zoom Platform, which was a first for the Court.

The Court has begun to re-design structures for internet bandwidth throughout the 20 Divisions and Justices’ Residential Quarters. This pilot scheme has connected Divisions like Calabar, Kano and Asaba to the online network for optimal smarter justice delivery.

At the Court of Appeal Headquarters in Abuja, an IP telephony infrastructure has been set up to allow the use of an intercom system, which works with the computer network. The plan is to extend this to cover all other Divisions so that inter-divisional communications will soon be effortlessly conducted on intercom, thus improving efficiency and productivity.

The Honourable President Court of Appeal harped on the need to move with the change as one can never be too trained. In walking the talk, since assumption of office, she has, through the ICT and Training Departments continuously trained Justices and Staff based on their professional needs.

She hosted the maiden edition of a training collaboration between the Court of Appeal and the Ministry of Communications, where the National Information Technology Development Agency (NITDA) trained 50 Justices on productivity tools to uplift the quality of justice delivery with a view to reliving them of the old method of judgement writing and researches in longhand.

The ICT Committee of the Court has also been avidly involved in the provision of digital research tools: ‘’We have begun a partnership with the Nigeria Weekly Law Reports (NWLR) to provide web access to their reports, thus empowering our Justices to conduct easier online research. An active ICT culture will drastically reduce the incidence of conflicting judgements,’’ she disclosed.

To further tackle the issue of conflicting judgements, the Hon. President compiled some landmark pronouncements on Pre-Election Appeals/Judgements of the Court that sat in Abuja, Awka, Calabar and Kano Divisions which was circulated to the Justices.

A journey through the Court of Appeal, different sides of her personality

In every change of leadership there are always great expectations placed on the new leader. With the current leadership of Hon. Justice Monica Dongban-Mensem, Chief Adegboyega Awomolo, (SAN) Chief Garba S. Pwul, (SAN) and Chief Patrick Ikwueto, (SAN) all agreed that the current PCA has taken the Court a step further in terms of bringing innovations, her administrative prowess in court management, and how she has led the Court thus far in this unprecedented times of COVID-19 Pandemic.

‘’The Hon. President introduced the first ever recorded Mediation case in the Court and continues to promote the use of Alternative Dispute Resolution (ADR). She has been able to decongest appeals in the Court which brought down the backlog to a reasonable and manageable number,’’ Chief Awomolo observed.

Chief Garba S. Pwul, (SAN) noted that despite the challenges of using the ADR after cases must have passed through the High Court, it is still better to go for the ADR than to insist on pure judicial process with its technicalities and delays.

Chief Patrick Ikwueto, (SAN) concurred with Pwul that the Court of Appeal pro-actively has ADR provision in its rules but that the issue of mediation or even reconciliation is consensus: ‘’The parties involved must agree and most lawyers are not very comfortable with resolving matters by means of ADR. Unfortunately, most lawyers, because of the way we are trained, still think that they must argue their matters in court because the Justices cannot impose ADR on them but recommend they explore ADR,” said.

According to the Learned Silk, ‘’there was a time in the past when England introduced what you call compulsory mediation so that if you refuse to take mediation process and the matter is eventually determined against you, then cost will be heavier against you.’’

However, there is need to improve on the level of coercion the court can exercise with respect to forcing litigants, particularly counsel of these litigants to, as a matter of compulsion, explore mediation. ‘’If this is done, perhaps the backlog might reduce but mind you, there are some matters that are not amenable for resolution by mediation or reconciliation. For instance in criminal matters, you can’t compound felonies. There are also some domestic matters like matrimonial causes.’’ Ikwueto suggested.

‘’I do not see why civil litigation or special criminal matters like EFCC, forfeiture proceedings should not be looked into by a neutral party who is a mediator or conciliator? I suggest that concerted effort needs to be made to let people understand that in ADR, there is usually a win-win for everybody unlike in the customary litigation where one side must lose, and the other must win.’’ He asserted.

On the whole, the trio called on the Court to continue in its impressive growth.

“Your Lordship should create virtual centres that will introduce a rich blend of courtroom practice that will serve Nigerians and the world at large. To achieve this, the Court must ensure that the procedural rules accommodate recent technological advancements to enhance prompt delivery of justice.” The Learned Silks proposed.

CONCLUSION
‘’My Lord, the President has shown exemplified creativity in her two years of assumption of office. She has shown that she is thinking outside the box. She has taken steps that endear her to the Bar. She has carried out a lot of reforms that give us hope. All she needs now is to create opportunity for conversations on the way forward. Let conversations between the Bar and the Bench begin.’’ – Chief Adegboyega Awomolo SAN

‘’I commend her. I pray and wish her good health. I believe that she will go from height to height, strength to strength as she continues to lead by example. I am sure that she is a good team manager. There are no complaints, no rancour and conflicts between her and the Justices. Therefore, these are exemplary leadership, it is commendable. I think she is poised to achieve a lot more.’’ – Chief Garba S. Pwul SAN

“I am from Anambra State. I have experienced her administrative prowess in terms of court management from a distance. She has shown that the Court of Appeal is one. She has the fear of God in her. I don’t think anybody will say her tenure is characterized by any improper conduct, though she is human, never the less so far, she has shown character which is key!”

“What I can do is to keep on praying for her. I know that she is a prayerful person, so I will keep on praying for her. May the good Lord she serves continue to show her the light to follow the right path. To show her that serving mankind, particularly in position of being a judge, because the next person after God on earth is a judge as only a judge has the power of life and death over a fellow human being. Therefore in the onerous task the judge has, it is important to also know that as Godlike, a judge must also be like a father. I will keep praying for her to continue on the path that is best for not only mankind, but to the glory of God.’’ – Chief Patrick Ikwueto SAN

In a brotherly spirit, the then CJN had this to say to the PCA: “As a seasoned Judicial officer in the system, you have been doing your job satisfactorily. It is as a result of your hard work, character and attitude that both the Court of Appeal and the National Judicial Council collectively decided to uplift you to the position of the President of the Court of Appeal.”

“I am pretty sure as I know you very well, except you have changed which I have not noticed please continue with your charisma, attitude and ability to carry out the task assigned to you. Please continue to bear that testimony.” – Hon. Dr. Justice Ibrahim Tanko, CJN CFR

  • Isah is a retired Chief Registrar of Court of Appeal
By Hafizu Isah, retired Chief Registrar, Court of Appeal
* Hafizu Isah, retired Chief Registrar, Court of Appeal

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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CJN, AKPATA AGREE ON JUSTICE SECTOR REFORM C’TE

The Chief Justice of Nigeria, Justice Tanko Muhammad and the President of the Nigerian Bar Association, Mr. Olumide Akpata have agreed to set up a five-member committee “to work out the modalities for the implementation of the Justice Sector recommendation.” This was a fallout of the courtesy visit to Justice Muhammad by an NBA delegation led by Akpata.

During the visit, the NBA President also assured that the Bar would continue to defend the Bench in the task of delivering justice without fear or favour.

Below is a press statement on the visit made available to CITY LAWYER.

NBA LEADERSHIP PAYS COURTESY VISIT ON THE CHIEF JUSTICE OF NIGERIA: REVIEWS THE OUTCOME OF THE JUSTICE SECTOR SUMMIT, SECURES COMMITMENT OF THE JUDICIARY IN ITS IMPLEMENTATION AND PLEDGES TO KEEP SPEAKING UP FOR THE BENCH.

Dear Colleagues,

In continuation of the efforts of the leadership of the Nigerian Bar Association (“NBA”) to engender a more cordial relationship between the Bar and the Bench, the President of the NBA – Mr. Olumide Akpata, on Thursday 24th March 2022 led some members of the National Executive and senior members of the Bar, on a courtesy visit to the Chief Justice of the Federation.

During the visit, a review of the outcome of the 2022 Justice Sector summit was done, regarding the appointment/selection and discipline of Judges, independence and financial autonomy of our Courts in dispensing justice without fear, favour, affection or ill-will, and the efficiency and efficacy of the system to ensure that our courts perform optimally, with considerable speed and accuracy.

Thereafter, The Chief Justice of Nigeria – Hon. Justice Dr. Ibrahim Tanko pointed out that most of the recommendations stemming from the Justice Sector Summit are already part of the National Judicial Council (NJC) Policy of 2016, which unfortunately are not yet being implemented.

Consequently, it was agreed that a Five member committee of the Bar and Bench will be set in motion to work out the modalities for the implementation of the Justice Sector recommendation.

Furthermore, the NBA President  on behalf of the delegation, pledged to continue speaking up for the Bench since the code guiding members of the Bench bars them from responding to attacks meted on its members.

The CJN thanked the NBA President for the thoughtful visit and reminded the delegation that the Bar and Bench are different sides to a coin which must work in symphony. He further pledged by way of conclusion, that more steps will be taken to ensure a more efficient dispensation of justice, and implementation of the decisions reached at the Justice Sector Summit.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

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BOSAN HOLDS DINNER, TO REVIEW SAN RANK, LPA BILL REPORTS TOMORROW

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

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

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

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

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

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

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

HISTORY, AS LPPC SHUNS BOSAN, APPOINTS 72 SANS

• PROMISES TO REFORM SAN RANK

• NEW GUIDELINES FOR 2023 AWARDS

The Legal Practitioners Privileges Committee (LPPC) has brushed aside a strident call by the Body of Senior Advocates of Nigeria (BOSAN) to appoint 72 senior lawyers as Senior Advocates of Nigeria.

History was made today following release of list of newly appointed senior advocates of Nigeria by the Legal Practitioners Privileges Committee (LPPC).

The committee bestowed the coveted rank on the first clergy man as well as a serving senior police officer. These are Rev. (Dr.) Edwin Sunday Chukwujekwu Obiora (Anambra State) and Simon Asember Lough (Benue State), a Deputy Commissioner of Police serving at Force Headquarters, Abuja.

Meanwhile, the LPPC which has the Chief Justice of Nigeria, Justice Ibrahim Tank Muhammad as its chairman, has set up a sub-committee to review the guidelines for the award of the rank. This may not be unconnected with the damning indictment of the award process by the influential Body of Senior Advocates of Nigeria (BOSAN) as reported exclusively by CITY LAWYER.

According to the press release issued today by Hajo Sarki Bello Esquire, Acting Chief Registrar of Supreme Court and LPPC Secretary, 72 lawyers were elevated to the new rank, comprising 62 advocates and 10 academics. The appointees would be sworn-in on December 8, 2021 at the Supreme Court premises, Abuja.

The application for the 2022 exercise would open in January, said the committee, adding: “In the meantime, the Legal Practitioners Privileges committee wishes to notify the general public that it has set up a sub-committee to review the 2018 Guidelines for the award of the rank effective from 2023 award year.”

It is recalled that BOSAN had expressed worry over the huge number of applicants recently shortlisted for award of the rank, warning that unless a holistic review of the award process is undertaken by the LPPC, the rank risked losing its prestige and standing among stakeholders.

Saying that it was gladdened by the receipt of a letter from the LPPC to its earlier complaint, BOSAN however expressed disappointment at the recent turn of events, saying: “However, following the recent announcement of the shortlisting of 130 candidates shortlisted in the process for conferment with the rank of Senior Advocates of Nigeria, we are of the considered opinion that the concerns raised in our earlier referenced letter have not been addressed.”

Pledging its support of the reform process “in any way possible” and as a “dominant stakeholder” in the entire exercise, the body advised that the review process “should re-evaluate the criteria, guidelines and administrative processes leading to the selection, including the personnel at the SAN/LPPC Administrative Secretariat/Department, proper pre-screening of applicants, competitive processes and independent assessment free of lobbying, all geared towards attaining and sustaining continuous improvements and retaining the dignity, respect and reverence of the prestigious rank of Senior Advocate of Nigeria and the legal profession in general.”

Below is the list of the SANs-designate.

ACADEMIC appointees:

1. Prof Bankole Akintoye Sodipo

2. Prof Christian Chizundu Wigwe

3. Prof Ajagbe Toriola Oyewo

4. Prof Rasheed Jimoh Ijaodola

5. Prof Oluyinka Osayame Omorogbe

6. Dr Josephine Aladi Achor Agbonika

7. Dr Ibrahim Abdullahi

8. Prof Edoba Bright Omoregie

9. Prof Abiola Olaitan Sanni

10. Dr Anthony Ojukwu Okechukwu

ADVOCATES appointees

11. George Audu Anuga

12. Simon Asember Lough

13. Eko Ejembi Eko

14. Ayo Abraham Olorunfemi

15. Reuben Okpanachi Atabo

16. John Ogwu Adele

17. Shaibu Enejoh Aruwa

18. Eyitayo Ayokunle Fatogun

19. Jacob Johnson Usman

20. Tajudeen Olaseni Oladoja

21. Salman Jawando Ayinla

22. Adeola Rasaq Omotunde

23. Mathew Gwar Bukka

24. Mohammed Ndayako

25. Hassan Usman El-Yakub

26. Ishaq Magaji Hussaini

27. Samuel Atung

28. Mohammed Abdulhamid

29. Kabiru Aliyu

30. Mohammed Abdulaziz Sani

31. Uche Sunday Awa

32. Uchenna Chinyere Ihediwa

33. Philip Ndubuisi Umeh

34. Peter Aguigom Afuba

35. Felix Anayo Onuzulike

36. Benjamin Chukwudi Uzuegbu

37. Benjamin Nworah Osaka

38. Ikenna Okoli

39. Edwin Sunday Chukwujekwu Obiora

40. Emeka Jude-Philip Obegolu

41. Clement Onwuenwunor

42. Chijioke Ogugua Precious Emeka

43. Anthony Obinna Mogboh

44. Victor Ugwuezumba Opara

45. Kamasuode Wodu

46. Charles Udoka Ihua-Maduenyi

47. Sammie Abiye Somiari

48. Ogaga Ovrawah

49. Charles Dumbiri Mekwunye

50. Ikeazor Ajovi Akaraiwe

51. Marcellous Eguvwe Oru

52. Mark Okebuinor Mordi

53. Ehiogie West-Idahosa

54. Fredricks Ebos Itula

55. Ibrahim Idris Agbomere

56. Anthony Ademuyiwa Adeniyi

57. Bolarinwa Olotu

58. Adekola Olawale Fapohunda

59. Adekunle Akanbi Ojo

60. Olaotan Olusegun Ajose-Adeogun

61. Rotimi Sheriff Seriki

62. Olukayode Oluwole Adeluola

63. Adeyinka Moyosore Kotoye

64. Oluwasina Olanrewaju Ogungbade 65. Afolabi Fatai Kuti

66. Francis Omotosho

67. Ayodeji Adedipe

68. Adeleke Olaniyi Agbola

69. James Akingbola Akinola

70. Muritala Oladimeji Abdul-Rasheed

71. Dauda Adekola Mustapha

72. Kazeem Adekunle Gbadamosi

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

130 ‘SANS’: AGAIN, BOSAN WRITES CJN, CARPETS LPPC

• WANTS AWARD OF SAN RANK PAUSED
• WORRIES ABOUT DILUTION, LOBBYING
• SEEKS MORE STRINGENT RULES FOR ACADEMICS

The Body of Senior Advocates of Nigeria (BOSAN) has again expressed worry over the huge number of applicants recently shortlisted for possible award of the rank of senior advocate of Nigeria (SAN).

In a later obtained by CITY LAWYER and addressed to the Legal Practitioners Privileges Committee (LPPC) and to the attention of its Chairman/Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad, BOSAN warned that unless a holistic review of the award is undertaken by the LPPC, the rank risks losing its prestige and standing among stakeholders.

Dated September 21, 2021 and signed by Prof. Ben Nwabueze (SAN), Chief Folake Solanke (SAN) and BOSAN’S longstanding Secretary, Mr. Seyi Sowemimo (SAN), the letter is titled “RE: LEGAL PRACTITIONERS PRIVILEGES COMMITTEE’S LISTING OF 130 LAWYERS AS SHORTLISTED IN THE PROCESS FOR CONFERMENT WITH THE RANK OF SENIOR ADVOCATE OF NIGERIA FOR THE YEAR 2021: REITERATION OF THE BODY OF SENIOR ADVOCATES OF NIGERIA’S (BOSAN) STRONG NOTE OF CONCERN ON THE QUALITY OF THE PROCESS AND PROCEDURE FOR THE CONFERMENT OF THE RANK.” It was copied to all LPPC members and the Attorney-General & Minister of Justice, Mr. Abubakar Malami (SAN).

BOSAN referred to the response to its earlier letter signed by LPPC Chairman, Justice Muhammad and noted that “Upon receipt of the letter from the Committee, we were hopeful that necessary changes as conveyed in our letter would be implemented to preserve the dignity of the rank of Senior Advocate of Nigeria.”

The body expressed disappointment at the recent turn of events, saying: “However, following the recent announcement of the shortlisting of 130 candidates shortlisted in the process for conferment with the rank of Senior Advocates of Nigeria, we are of the considered opinion that the concerns raised in our earlier referenced letter have not been addressed.”

Lampooning the shortlist, BOSAN said that “It is not willy-nilly that all candidates that meet the set criteria should be appointed in any given year, as such an approach cannot but result in the degradation of the rank. It is those that prove to be outstanding within the shortlist that should be conferred with the rank. This is the time honoured rule applied in relation to admissions to all reputable institutions in situations where competition is high and spaces are limited and where it would be inappropriate to accommodate all those persons who appear to have met the criteria.”

Turning to the conferment of the rank to academics, BOSAN warned that “There is even a greater need for more stringent approach in cases where appointments are to be made on the basis of academic accomplishments.”

Noting that “It has now become necessary that we reiterate, respectfully, the concerns raised in the body’s earlier letter, BOSAN said: “The members of the Inner bar are concerned that the current procedure and criteria for the conferment of the rank of Senior Advocate of Nigeria would result in a watered-down perception of the rank of Senior Advocate of Nigeria. We are also of the considered opinion that it is imperative that the Committee pauses and reassesses the procedure and criteria for the conferment of the rank of Senior Advocate of Nigeria as we fear that that (sic) the process could be reduced to a ‘mere compilation and submission of the listed documentation’ in the next few years, with no attention to excellence or distinction in the practice of law.”

Insisting that the award of the rank should be suspended to allow for a holistic appraisal, BOSAN said: “In light of this, we write to reiterate our earlier recommendation that the conferment of the rank of Senior Advocate of Nigeria be put on hold to enable the Committee to conduct and publish a credible and comprehensive review of the process for the conferment of the rank of Senior Advocate of Nigeria.”

Pledging its support of the review process “in any way possible” and as a “dominant stakeholder” in the entire exercise, the body advised that the review process “should re-evaluate the criteria, guidelines and administrative processes leading to the selection, including the personnel at the SAN/LPPC Administrative Secretariat/Department, proper pre-screening of applicants, competitive processes and independent assessment free of lobbying, all geared towards attaining and sustaining continuous improvements and retaining the dignity, respect and reverence of the prestigious rank of Senior Advocate of Nigeria and the legal profession in general.”

Noting the urgency of its Save-Our-Soul letter, BOSAN said: “We would like to point out that a comprehensive review of the screening process is an urgent and necessary step to retain the dignity, respect, and reverence of the prestigious rank of Senior Advocate of Nigeria and the legal profession in general. The Body of Senior Advocates of Nigeria is still committed to providing its expertise and support at every stage of the review process and we are anticipating a positive feedback and implementation of the recommendations in this letter.”

It is recalled that CITY LAWYER had in an exclusive report noted BOSAN’s blistering condemnation of the 2020 award process which threw up 72 senior advocates, saying: “BOSAN struggles to understand the rationale for the over 100% increase from the previous year and a 600% increase from a 45-year average. We are dismayed at this out-stepping from the norms and standards established over nearly five decades of our legal history.”

Delivering its final verdict on the exercise, BOSAN said: “We are of the strong and painful view, and it would appear to many, that the criteria have been whittled down and the bar/benchmark lowered to the extent of defeating the description of excellence as a sine qua non for attaining the prestigious rank.”

This is notwithstanding that Justice Muhammad had in LPPC’s response assured BOSAN that the Committee had considered BOSAN’s concerns “in detail,” adding that a review would be undertaken to strengthen the conferment process.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

BREAKING: LPPC RESTORES NWOFOR’S SAN RANK

The Legal Practitioners Privileges Committee (LPPC) has restored the rank of Senior Advocate of Nigeria to leading Port Harcourt lawyer, Mr. Beluolisa Nwofor, CITY LAWYER can authoritatively report. The decision was taken at the meeting of the committee held last Tuesday.

CITY LAWYER gathered that the LPPC made the decision after considering an application by Nwofor for a review of its earlier resolution withdrawing the rank. The restoration is to take immediate effect.

Though the Acting Chief Registrar of the Supreme Court and LPPC Secretary, Hajo Sarki Bello did not respond to our telephone call, Nwofor told CITY LAWYER that he was “very happy” to hear the news.

His words: “I am very grateful to God who has made it possible for me to be alive to see the restoration of my rank. I thank the Legal Practitioners Privileges Committee under the leadership of the Chief Justice of Nigeria for restoring my rank. It is a good thing they have done.

“I will continue to pledge my loyalty to the legal profession and continue to play my part in promoting justice delivery and the rule of law. Every one of us has a role to play in the justice system. I will continue to play my own part, show utmost respect to the courts and abide by the ethics of our profession.”

He however told CITY LAWYER that he is yet to receive the letter from the LPPC.

It is recalled that Nwofor had his exalted rank stripped from him at the 126th general meeting of the LPPC held on 22nd June, 2017 following a petition to the committee by the Chief Registrar of the Court of Appeal. He was accused of being “rude” to the panel of Court of Appeal justices when he appeared before them on November 16, 2016 in Appeal No. CA/A/551c/M/2016 between Mr. Eyitayo Jegede (SAN) and Prince Ebiyi Poroye and 10 others in connection with the 2016 Ondo State Governorship Election.

Nwofor was called to the Nigerian Bar on August 22, 1985 and took silk on September 13, 2004. At the peak of his career, Nwofor was reputed for his brilliance and adjudged one of the go-to lawyers in the oil-rich Port Harcourt.

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WHY COURT OF APPEAL JUSTICES MUST NOT ACT IN VAIN

The appointment of the latest batch of Court of Appeal Justices has been strewn with controversies, not least the claim that the interviews conducted by the National Judicial Council was perhaps shambolic. Just when justice sector stakeholders thought that the ghost of the troubled exercise was to be laid to rest with the scheduled swearing-in of the justices, the ceremony was postponed indefinitely ostensibly to enable the new justices “clear their desks in their various offices.” In this piece, KAYODE OGUNDAIRO posits that on the strength of the undisturbed judgement of the Supreme Court in OGBUNYIYA v OKUDO, any judicial acts done by the justices after their appointments would be a nullity and liable to being set aside on appeal.

The indefinite postponement of the swearing-in of the newly appointed justices of the Court of Appeal came to many as a shock, not least because of the reason adduced for the aborted exercise. This is a purely judicial matter outside the remit of the National Judicial Council (NJC).

If “clear their desks in their various offices to ensure that there are no outstanding issues before they assume their new responsibilities” suggests that the Justices should proceed to deliver judgments/rulings or discharge any other judicial role in the Federal High Court/High Court/ National Industrial Court under the guise of ‘clearing their desks”, that would, with great respect, amount to an exercise in futility on the strength of OGBUNYIYA v OKUDO (1979) 9 SC 32 as recently reinforced by UDEOGU v FRN.

OGBUNYIYA v. OKUDO dealt with provisions impari materia with ss. 283(2) and 290(1) of the 1999 Constitution (as amended) which are crystal clear.

238 (2): “The appointment of a person to the office of a Justice of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council”.

290 (1): A person appointed to any judicial office shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed under this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the Judicial Oath prescribed in the seventh Schedule to this Constitution.

In OGBUNYIYA v OKUDO, the submission of Chief F.R.A. Williams on behalf of the Appellants, was that by virtue of the appointment of Nnaemeka-Agu J. (as he then was) as expressed in Exhibit SC.1, he ceased to be a Judge of the High Court of Anambra State on the 15th June, 1977, two days prior to delivery by him of the judgement on appeal.

The reaction of Mr. Afolabi Lardner (of counsel) for the Respondents was that until the Learned Judge was sworn in as Justice of the Court of Appeal, he was precluded by virtue of Section 128 of the Constitution of the Federation No. 20 of 1963 from entering upon the duties of his office, so that in the absence of evidence that he had on or prior to the 17th of June, 1977 been sworn in as a Judge of the Federal Court of Appeal, he was on that date still a Judge of the High Court of Anambra State.

The Supreme Court construed Section 128 of the Constitution of the Federation No. 20 of 1963 as amended by section 1(c) of the Schedule to The Constitution (Amendment) (No. 2) Decree No. 42 of 1976 (impari materia with s. 290(1) of the 1999 Constitution, as amended) which made it imperative that “a Judge of the Federal Court of Appeal” shall not enter upon the duties of his office unless he has “taken or subscribed the Oath of Allegiance and such oath for the execution of the duties of his office as may be prescribed by Parliament”.

Allowing the appeal, the Supreme Court set aside the judgment delivered by Justice Nnaemeka-Agu (after his appointment as JCA but before he took the requisite oath) and ordered a trial de novo.

The Supreme Court held thus:

“A close look at Section 128 of the Constitution (No. 20 of 1963) as amended by the Schedule to Decree No. 42 of 1976 shows clearly that the section is intended to lay down a condition precedent to the functioning but NOT the appointment of a Judge. That section impliedly recognises the fact of appointment (already as a Judge) of the incumbent of that public office but makes the swearing of the prescribed oaths condition precedent to his functioning in that office. The language of the section reads:
“A Judge of the Supreme Court, Federal Court of Appeal and of the High Court of Lagos NOT a person appointed to be a Judge of the Supreme Court, Federal Court of Appeal and of the High Court of Lagos shall not enter upon the duties of his office (not, be it noted, enter upon his office) unless he has taken or subscribed the Oath of Allegiance and such oath for the due execution of his office as may be prescribed by (Italics supplied by Court).
… The language of section 128 aforesaid is directed to the entering by a judge (not by a judge designate) upon the duties of his office (not, upon his office).

This should ordinarily rest the matter.

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EXCLUSIVE: CJN RETURNS FROM DUBAI, RESUMES DUTY

BY EMEKA NWADIOKE

The Chief Justice of Nigeria, Justice Tanko Muhammad has returned to Nigeria after a brief trip to Dubai, United Arab Emirates.

An unimpeachable source told CITY LAWYER that Justice Muhammad flew back to the country yesterday.

“There are strong indications that the CJN is currently at his duty post in the office as we speak,” the source told CITY LAWYER.

A member of the Supreme Court, Justice Ibrahim Saulawa had reportedly told the audience at the unveiling of the national headquarters of the Muslim Lawyers’ Association of Nigeria (MULAN) in Abuja that Justice Muhammad had tested positive for coronavirus and had been flown to Dubai, the United Arab Emirates for treatment.

Justice Muhammad was absent at the new legal year ceremony of the Supreme Court where he was scheduled to preside over the inauguration of 72 new Senior Advocates of Nigeria, leading to anxiety over his health status. The event was presided over by the next most senior Justice of the Supreme Court, Justice Olabode Rhodes-Vivour.

Justice Saulawa’s comment was supposed to have doused the anxiety but the Supreme Court’s Director of Information, Dr. Festus Akande described the COVID-19 report as a rumour, adding: “In furtherance to the press statement earlier issued, I wish to state categorically clear that there is no medical report so far made available by anybody indicating that the Hon. CJN has tested positive for Coronavirus.

“Those peddling the rumour should go a step further to confirm from their sources and equally obtain the copy of whatever laboratory test result they are relying on.

“As of this moment of issuing this statement, no one has so far shown me or any other person in Supreme Court a copy of the test result they are referring to in the report.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

CJN TO CHAIR 12TH GADZAMA ANNUAL LECTURE TODAY

The Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad will today chair the 12th edition of the popular “J-K Gadzama LLP Annual Public Lecture” which holds from 3 pm to 6 pm.

The theme of the lecture is “Rebuilding the nation post COVID-19 outbreak: the judicial, economic and political perspectives.” The lecture which is being held virtually for the first time has renowned jurist, Dr. Mahdi Shehu, Chairman of Dialogue Groups as the Keynote Speaker.

The discussants include Nella Andem-Rabana SAN, Principal Partner, Lexglobal Partners; Prof. Joash Amupitan SAN, Professor of Law, University of Jos; Dr. Sam Amadi, former Chairman/CEO, Nigerian Electricity Regulatory Commission (NERC), and Mr. Akinlabi Akingbade, Partner/Head of Chambers, J-K Gadzama LLP.

Mr. Madu Joe-Kyari Gadzama, Junior Partner, J-K Gadzama LLP will compere the lecture.

To register, click on https://us02web.zoom.us/meeting/register/tZ0qde6qrz8iGtW_Oz4A8BoXUEdIj20VwWp3

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

CONTROVERSY, AS JUDICIAL BODY SHUNS NBA, APPOINTS SCRIBE

Barring any last-minute hitches, the Secretary of Nigeria’s Body of Benchers, Hajia Sadiya Turaki will tomorrow assume duties as the new scribe of the influential Federal Judicial Service Commission (FJSC).

Multiple and unimpeachable sources told CITY LAWYER that Turaki has been appointed by the commission chaired by the Chief Justice of Nigeria, Justice Tanko Muhammad as the new Secretary to replace Mr. Bassey E. Bassey who retired on September 23, 2020.

Turaki’s appointment is coming on the heels of allegations that the Nigerian Bar Association (NBA) may have been shut out of the appointment process, contrary to the provisions of Section 153(2) and 154(1) of the 1999 Constitution as well as Paragraph 12 Part 1 of the Third Schedule to 1999 Constitution. 

While Paragraph 12 (6) Part 1 of the Third Schedule to the 1999 Constitution stipulates that the membership composition of the FJSC shall include “Two persons, each of whom has been qualified to practice as a Legal Practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified and recommended by the Nigerian Bar Association,” CITY LAWYER gathered from impeccable sources that NBA has not participated in the decision-making process of the commission for over two years since the tenure of its former representatives ended.

Paragraph 13(c), Part 1 of the Third Schedule to the 1999 Constitution empowers the commission to “Appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court and all other members of the staff of the Judicial Service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission.”

CITY LAWYER investigation shows that the last set of NBA representatives at the commission were Mr. Olumuyiwa Akinboro SAN and Hajia Fatima Kwaku (MFR) whose names were forwarded by then Chief Justice of Nigeria, Justice Aloma Mariam Mukhtar to former President Goodluck Jonathan for transmission to the Senate for confirmation. Their five-year tenure ended on 3rd July, 2018.

A source who is familiar with the matter told CITY LAWYER that though the immediate past NBA President, Mr. Paul Usoro SAN made spirited efforts to ensure NBA’s representation at the commission, such efforts did not yield fruits. The source stated that though Usoro had on at least three occasions submitted the list of NBA nominees to the Chief Justice of Nigeria, there are strong indications that the list was not transmitted to the Senate through the President for approval. CITY LAWYER also gathered from unimpeachable sources that the names of two NBA nominees are still currently pending at the all-important commission.

Though CITY LAWYER sought the views of NBA President, Mr. Olumide Akpata on the development through a short messaging service and WhatsApp message to his verified telephone number, he promised that “I will call you back shortly” but was yet to do so at press time. 

Aside from NBA representatives, the commission’s membership comprises of the Chief Justice of Nigeria, who shall be the Chairman; President of the Court of Appeal; Attorney-General of the Federation; Chief Judge of the Federal High Court; President of the National Industrial Court, and “Two other persons, not being Legal Practitioners, who in the opinion of the President are of unquestionable integrity.” The non-lawyers are Senator Abba Ali and Malam Mohammed Sagir. However, only NBA is currently unrepresented in the 9-member commission.

The commission’s Secretary doubles as its Chief Executive and Accounting Officer.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

OSINBAJO, CJN, USORO, AKPATA, OTHERS FOR LEGAL TECH CONFAB

FEATURED

Virtual LegalTech Conference unveils New Ecosystem for Client/Lawyer Engagement and Administration of Justice in Nigeria Post COVID-19

As the COVID-19 pandemic continues to ravage economies all around the world, there has been an increased pivot in the use and adoption of technology across several industries, where hitherto technology was a mere tool and not a driver of day to day operations. The world as we knew it has changed forever and it is imperative that this paradigm shift is accentuated by current realities of how individuals, organizations, institutions and governments work and interact.

The realization that the operation of businesses and delivery of services cannot go back to pre COVID-19 ways of providing goods and services has motivated putting together the first Legal Technologies Virtual Conference, by Nigeria’s foremost LegalTech company, LawPavilion Business Solutions Limited, in conjunction with Telnet Group, Nigeria’s leading digital transformation company, to be held on August 13-14, 2020.

The conference which will be available to participants from all around the world through Zoom video conferencing app features a line-up of erudite judges and legal practitioners in both public and private sectors. The Keynote Address will be delivered by His Excellency, Prof. Yemi Osinbajo SAN, GCON, Vice President of the Federal Republic of Nigeria. Other dignitaries expected at the virtual conference include His Lordship, Hon. Justice Ibrahim Tanko Muhammed CFR, Chief Justice of the Federation of Nigeria and Chairman, National Judicial Council; the Honorable Senate President, Hon. Ahmed Ibrahim Lawan; Honorable Speaker of the House of Representatives, Hon. Femi Gbajabiamila; the President of the Nigerian Bar Association and other captains of industry and legal luminaries.

Briefing the press in Lagos, the Managing Director of LawPavilion Business Solutions, Mr. Ope Olugasa remarked that for almost 2 decades, LawPavilion has been at the forefront of providing and improving access to digital tools for the legal services industry. It has become imperative to leverage technology to accelerate access to justice for Nigerians and organizations interested in doing business in Nigeria.

Speaking further, Olugasa stated that while the general public tends to think of the judiciary as the least visible or important arm of government, the role of the judiciary comprising of judges, lawyers, arbitrators, mediators and legal institutions in economic growth and development is so critical, that where the justice system is fraught with inefficiencies and inadequacies, economic growth is stunted. He pointed out that for example, in today’s global market, true wealth is no longer in only expansive real estate or tangible cash, but in holding intangible intellectual property. Thus, economies that do not accord enough recognition and protection of law to intellectual property stand a genuine risk of not being at par with other economies.

The conference, which will span over 2 days comprise of a keynote lecture and panel discussions on the role of an efficient justice system in driving the wheel of innovation and economic growth, with panelists such as Hon Justice Olukayode Ariwoola (JSC), Hon. Justice Amina Augie (JSC), Dr. Babatunde Ajibade SAN, Mr. Wale Fapohunda, AG Ekiti State, Mr. Folorunsho Aliu, Group MD of Telnet Nigeria Ltd and Mr. Gbenga Sesan, CEO Paradigm Initiatives. There will also be breakout sessions focusing on seamless court integration as well as tools and resources to run an efficient law firm post COVID-19 using technology.

Some of the discussants at the breakout sessions will include Hon. Justice Kashim Zannah, Chief Judge of Borno State and Chairman of National Judicial ICT Committee; Hon. Justice Olutoyin Akeredolu, the Chief Judge of Ondo State; Dr. Ayodele Akenroye, Judge of Immigration and Refugee Board of Canada; Mr. Dapo Akinosun of SimmonsCooper Partners; Mr. Sesan Sobowale, Head of Legal, Union Bank of Nigeria; Mr. Raymond Mgbokwere, Head of Legal, First Bank of Nigeria and Mr. Seun Abimbola, Former AG of Oyo State and Chairman of NBA Section on Legal Practice.

Commenting further, Olugasa pointed out that there has been a significant revolution of the banking industry through the introduction and adoption of FinTech in Nigeria, which has exponentially raised the profile of Nigeria’s banking industry. There has been significant collaboration between banking institutions, stakeholders and government agencies to consolidate and rapidly enhance banking operations, irrespective of location or time.

Accordingly, the legal services industry is also ripe and well primed for such technological transformation and the virtual Legal Technologies Conference being hosted by LawPavilion, in conjunction with Telnet Group, will showcase the unveiling of an enterprise solution for the judiciary,  LawRights App (for the general citizenry), Lagos State Laws in E-book version integrated into LawPavilion’s award-winning legal research software, all of which constitute parts of a new ecosystem, seeking to institutionalize legal-technology in Nigeria’s justice sector.