LPDC PROBE: EASTERN BAR FORUM ASKS OLANIPEKUN TO STEP ASIDE

The Eastern Bar Forum has asked the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside “to save that august institution and the legal profession further embarrassment and opprobrium.”

In a statement signed by the Chairman of the EBF Governing Council, Chief Uba Anene, the forum alleged that Olanipekun has “grave integrity issues hanging over his head.”

According to the influential forum, “The EBF also calls on the Chairman of the Body of Benchers to save that august institution and the legal profession further embarrassment and opprobrium by stepping aside while issues pertaining to his integrity and that of his eponymous office is being dealt with. There can be no better way to lead by example.”

It also urged the Chief Judge of Akwa Ibom State to reverse the imprisonment of fiery human rights lawyer, Mr. Inibehe Effiong.

The full statement reads:

IN THE MATTERS OF INIBEHE EFFIONG AND CHIEF WOLE OLANIPEKUN, SAN

It is not the best of times for the legal profession in Nigeria.

Yesterday, at a hastily relocated venue due to the pervading state of insecurity in Nigeria, 1507 candidates were admitted to the noble profession at a ceremony presided over by a Chairman of the Body of Benchers with grave integrity issues hanging over his head.

Yesterday also, east of the Niger, a learned presiding Chief Judge wielded the ultimate judicial hammer and clamped a learned colleague Inibehe Effiong into prison for daring to raise procedural issues in a politically sensitive case involving the Akwa Ibom State governor, in which her impartiality had been called to question by way of a properly filed and served application for recusal/transfer.

These incidents leave a sour taste in the mouth.

The EBF calls on the Honourable Chief Judge of Akwa Ibom State to take another look at the matter, rescind her committal order immediately and transfer the pending case to another court so that justice may not only be done but also be seen to have been done.

The EBF also calls on the Chairman of the Body of Benchers to save that august institution and the legal profession further embarrassment and opprobrium by stepping aside while issues pertaining to his integrity and that of his eponymous office is being dealt with. There can be no better way to lead by example.

Chief Uba Anene
Chairman, EBF Governing Council.

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EASTERN BAR FORUM ENDORSES CHINYERE OBASI AS WELFARE SCRIBE

The influential Eastern Bar Forum (EBF) has thrown its weight behind former Nigerian Bar Association (NBA) 2nd Assistant Secretary Chinyere Obasi in her quest to clinch the coveted post of Welfare Secretary.

Rising from its Quarterly Meeting held in Calabar, Cross River State, the forum endorsed Obasi as its candidate for the position of NBA Welfare Secretary following a report of its Screening Committee set up on February 12, 2022 at its quarterly meeting in Anaocha, Anambra State.

Announcing EBF’s endorsement of Obasi, who is also a former Assistant Social Secretary (2013–2015) and Social Secretary (2015-2017) of NBA Lagos Branch, Hon. Seth Nwokolo, EBF Publicity Secretary, noted that the recommendations of the Screening Committee were made to the EBF Elders Council, adding that the report was “discussed and adopted” at the Calabar quarterly meeting.

He noted that Obasi was among the candidates “cleared to contest and recommended to the support of all EBF branches, affiliates and friends across the country.”

Obasi had unveiled her 11-page Manifesto which is also available on the Electoral Committee of NBA (ECNBA) website.

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I WISH ALL EASTERN BAR FORUM DELEGATES JOURNEY MERCIES – AMANDA ASAGBA

WISHING ALL EASTERN BAR FORUM DELEGATES JOURNEY MERCIES 

I wish to express my profound appreciation to His Excellency, the Governor of the Eastern Bar Forum and the entire members of the Forum for their warm reception at the last quarterly meeting of the Forum in Calabar.

I am especially thankful for the opportunity to speak to the esteemed audience, and for the focused and inspiring deliberations.

The theme of the meeting was quite thought-provoking. That the EBF encourages its members to take the lead in being the voice of the voiceless and to take deliberate action to checkmate impunity and injustice is very commendable. It is no longer safe to see evil and do nothing, as this is bound to consume even the unwary in the long run.

I wish all delegates and stakeholders journey mercies.

Amanda Demechi-Asagba

ISAAC OGBAH ACCLAIMS EBF FOR PROMOTING RULE OF LAW

FEATURED

Isaac Omuta Ogbah felicitates with the Governor, Governing Counsel and members of the Eastern Bar Forum (EBF) and congratulated them on the success of their Calabar June Quarterly Meeting.

He admonished the entire members of the EBF and NBA at large to be great advocates of the Rule of Law, which NBA stands for, bearing in mind the times and seasons that this great nation, Nigeria 🇳🇬 presently is in.

He further admonished lawyers nationwide to ensure that both the current and incoming Bar leadership, both at the Branch and national levels keep alive the momentum that the present Olumide Akpata led leadership of NBA has taken the bar to, for with great and fearless leadership at the Bar we will have a better nation.

‘COMING FROM NORTH, I FELT AT HOME,’ SAFIYA BALARABE EULOGIZES EBF

SAFIYA BALARABE, TREASURER, NBA WOMEN FORUM HAILS THE EASTERN BAR FORUM ON THE SUCCESSFUL CONDUCT OF THEIR QUARTERLY MEETING; SENDS FAREWELL MESSAGE TO MEMBERS AND VISITORS WHO PARTICIPATED

The Eastern Bar Forum’s quarterly meeting which held on the 3rd and 4th of June, 2022 in Calabar, Cross River State ended in a resounding success. Ms. Safiya Balarabe who was in attendance has hailed the Governor, Executives and Members of the Forum, while sending a farewell message to all visitors and participants.

Her message reads:

“The distinguished Governor, Executives and Members of the Eastern Bar Forum,

Permit me use this medium in commending and congratulating you for the success of your just concluded quarterly meeting.

Your Forum is a great one consisting of graceful personalities, same being a solid pillar to rely on.

The discussions at the meeting were thoroughly insightful. Coming all way from the North, I felt at home and at ease in your midst. Your reception was topnotch and I totally enjoyed being with you.

I wish all members, participants and visitors at the meeting safe journeys back to their respective destinations.

I look forward to more opportunities in the near future to rub minds with you.

God bless you all.

Thank you”

Signed:

Safiya Balarabe

Treasurer, NBA Women Forum and Candidate for the position of NBA Treasurer 2022-2024

CLEMENT CHUKWUEMEKA HAILS EBF ON SUCCESSFUL MEETING

Goodbye and Safe journey from Calabar

A well attended meeting is worth celebrating.

May I use this opportunity to appreciate the Governing Council of Eastern Bar Forum for a successful and well attended quarterly meeting.

We must always note that the society place great PREMIUM on Lawyers for a better tomorrow. Let us be their voice going forward. It is possible and workable. Leadership role is not for occupation, for selfless service for the betterment of the society . 

Are you for paradym shift?

Join the movement.

Clement Ugo Chukwuemeka 

(An aspirant cleared by ECNBA for the office of 2nd Vice President )

‘THANK YOU FOR ACCEPTING ME AS ONE OF YOU,’ GADZAMA TELLS EASTERN BAR FORUM

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ISAAC OGBAH WISHES EASTERN BAR FORUM FRUITFUL MEETING

  • Isaac OMUTA Ogbah arrives the City of Calabar.

  • To attend EBF activities slated for 3rd and 3th June, 2022.

  • Wishes the Governor and entire leadership and members of EBF a joyous and fruitful quarterly meeting.

  • Isaac OMUTA Ogbah, FICMC welcomes the Governing Council, ably led by Sir. Uba ANENE, JP, Members and Friends of the Eastern Bar Forum to Calabar for the June 2022 Quaterly General Meeting of the EBF.

 

I wish all participants journey mercies to and fro even as I pray for a fruitful deliberations at this Calabar summit of the EBF.

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‘EBF HAS A REPUTATION FOR CONSISTENCY,’ SAYS SAFIYA BALARABE

SAFIYA BALARABE’S GOODWILL MESSAGE TO THE EASTERN BAR FORUM ON THEIR QUARTERLY MEETING

The quarterly meeting of the Eastern Bar Forum holds between 3rd and 4th June, 2022.

Read below Safiya Balarabe’s goodwill message to the Forum.

“It is with profound regards that I felicitate the Governor, Executives and Members of the Eastern Bar Forum (“EBF”) as they conduct their quarterly meeting between 3rd and 4th June, 2022.

Being a collection of some of the soundest minds in the profession, the EBF has over the years remained consistent in maintaining that level of astuteness that resonates across the NBA.

Notable gatherings such as this quarter’s meeting has afforded the Forum the avenue to further strengthen its already established reputation. Hence, I am positive that this meeting will not be an exception.

I wish the Forum fruitful deliberations.”

Signed:
Safiya Balarabe
Treasurer, NBA Woman Forum.

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NBA ELECTIONS 2022: THE CONTENDERS, THE PRETENDERS

The Nigerian Bar Association (NBA) will on July 16, 2022 conduct an election to fill vacancies in the National Executive Council (NEC) and the General Council of the Bar (GCB).

A frenzy of activities and jostling has attended the run-up to the eagerly awaited elections. In this piece, and against the backdrop of release of the Election Guidelines by the Electoral Committee of the NBA (ECNBA), CITY LAWYER makes a sneak preview of the gladiators that may mount the soap-box to contest the forthcoming elections.

PRESIDENT
Barring any major shifts, the battle for the NBA Presidency will be a three-legged tussle between Chief Joe-Kyari Gadzama SAN, Mr. Yakubu Chonoko Maikyau SAN and Mr. Jonathan Taidi. While Gadzama is the Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Maikyau is the Chairman of the NBA Welfare Committee. On his part, Taidi is the immediate past NBA General Secretary. The three gladiators have invariably hit the ‘campaign trail’ on “consultations,” attending sundry meetings and events hosted by NBA branches and regional blocs and generally fraternizing with potential voters while seeking the buy-in of especially influential Bar Leaders and young lawyers on their vision for the Bar. A major issue that is bound to impact the presidential race is the debate over “micro-zoning” of the presidential slot. While the ECNBA’s decision on the issue is eagerly awaited, there is no gainsaying that it will invariably impact the presidential election.

GENERAL SECRETARY
Aside from the presidential race, the election for the post of General Secretary is poised to be a fierce dog-fight between five gladiators. These are Messrs Adesina Adegbite, Desmond Yamah, Ede Asenoguan, Ewenode William and Collins Ogiegbaen. While Adegbite is the penultimate NBA Welfare Secretary, Yamah is a former NBA Abuja Branch Chairman. Asenoguan held sway in NBA Benin Branch as its one-time Chairman while William is the immediate past NBA Assistant General Secretary and former NBA Effurun Branch Secretary. On his part, Ogiegbaen is the immediate past NBA Benin Branch Chairman. It is speculated that unless the Midwest Bar is able to reach a rapprochement among its four aspirants, it may hand the initiative to Adegbite who may poll a block vote from the South West bloc, thus dealing the Midwest Bar a similar hand it unleashed on the Egbe Amofin bloc during the 2014 and 2020 elections that led to the emergence of former NBA President, Mr. Augustine Alegeh SAN and current president, Mr. Olumide Akpata. CITY LAWYER gathered that as at this weekend, the talks remained deadlocked, moreso given the factionalization of the Midwest Bar into two strident opposing camps.

FIRST VICE PRESIDENT
Zoned to the “Northern Zone,” the race for the pivotal seat of NBA First Vice President is between Linda Rose Bala and Messrs Yakubu Saleh Bawa, Idris Doko Muhammad and Liman Salihu. While Bala is former NBA Legal Adviser, Bawa is current Chairman of NBA Jos Branch. On his part, Salihu is former Chairman of NBA Lokoja Branch while Muhammad is of NBA Lagos Branch. Although Bala is seen as having a better name recall and a veteran of NBA politics of sorts, analysts told CITY LAWYER that the other aspirants are “working very hard” to upstage her and neutralize any advantage her earlier involvement in NBA national politics may have afforded her.

SECOND VICE PRESIDENT
The post of Second Vice President is zoned to the “Eastern Zone.” CITY LAWYER gathered that while the influential Eastern Bar Forum (EBF) may have ‘micro-zoned’ the slot to the Core East, at least four aspirants may jostle for the position. Among the gladiators are the immediate past NBA Bwari Branch Chairman, Mr. Clement Chukwuemeka (aka “Democrats”); his NBA Owerri Branch counterpart, Mr. Damian Nosike; Dr. Gerald Abonyi, pioneer NBA Obollo-Afor Branch Chairman who was disqualified during the last general election, and Mr. Anthony Chukwurah, former NBA Gwagwalada Branch Secretary. Sources however told CITY LAWYER that three more aspirants – a university teacher from Awka Branch, a former branch chairman from Ezeagu Branch and yet another branch chairman from Mbano or Mbaise branch – may yet join the fray. The EBF has set up a Screening Committee to grill the aspirants and make recommendations to it.

THIRD VICE PRESIDENT
Zoned to the “Western Zone” comprising the eight States in the Egbe Amofin O’odua and Midwest Bar forums, the race is a straight fight between former NBA Ota Branch Chairman, Mr. Isaac Omuta Ogbah and Mr. Promise Ademi-Akpeto, his NBA Sapele Branch counterpart. Ademi-Akpeto is the current Treasurer of Midwest Bar Forum and was recently listed as having expressed interest in being appointed a Justice of the Supreme Court of Nigeria. Both former NBA Ikorodu Branch Chairman, Mr. Bayo Akinlade and Siyanbola Ganiyat Adetutu who were rumoured to have interest in the position told CITY LAWYER that there is no truth in the speculation. Adetutu lost the race for the position of First Vice President in the last election.

TREASURER
The position of Treasurer is an all-comers affair, as it is not zoned to any particular bloc. Viewed as an influential position in NBA matters – moreso with the wiping off of the post of Financial Secretary – the race is poised to be between four aspirants, including former NBA Assistant Publicity Secretary, Mr. Chuks Mbamala of NBA Enugu Branch; current NBA Epe Branch Vice Chairman and NBA-SPIDEL Committee Treasurer, Funmi Adeogun; Caroline Ladidi Anze-Bishop, former Vice Chairman and former NEC Representative, NBA Bukuru Branch, and Safiya Balarabe of Lafia Branch.

WELFARE SECRETARY
The position of Welfare Secretary is also not zoned to any bloc. Among those said to be jostling for the post former NBA Assistant Secretary, Chinyere Obasi; NBA Welfare Committee member and co-opted NEC member, Mr. Auta Nyada and current NBA Aba Branch Vice Chairman, Mr. Victor Onweremadu. CITY LAWYER reliably gathered that at least four aspirants may eventually make the ballot.

PUBLICITY SECRETARY
The position of Publicity Secretary is not zoned to any bloc. This is a tripodal race between the immediate past Assistant Publicity Secretary, Mr. Habeeb Akorede Lawal; current NBA Welfare Committee Secretary, Ogaga Emoghwanre, and the latest entrant, Mr. Felix Chukwuma Ashimole (aka Che Oyinatumba), a former NBA Bwari Branch Secretary and former Member of NBA Anti-Corruption Committee.

ASSISTANT GENERAL SECRETARY
The position of Assistant General Secretary is also not zoned to any bloc. This race may present a crowded field of aspirants. They include current NBA Ikorodu Branch Secretary, Mr. Oluwaseun Aka; incumbent NBA Ilorin Branch Secretary, Mr. Dhikrullah Adewale Balogun; Mr. Daniel Kip of Calabar; Mr. Oseme Peremene Anthony, former NBA Idemili Branch Chairman; Mr. Ayo Scott, former NBA Ughelli Branch Chairman, and one A. O. Abba of NBA Minna Branch.

ASSISTANT PUBLICITY SECRETARY
The position of Assistant Publicity Secretary is also not zoned to any bloc. While this may be a straight fight between Mr. Charles Ajiboye who also contested for the position during the last election and Mr. Akachukwu Nwoye, current NBA Gwagwalada Branch Secretary, CITY LAWYER gathered that other aspirants are waiting in the wings to join the race.

CITY LAWYER reliably gathered that two former branch chairmen and a former branch secretary are among those gunning to represent the NBA at the General Council of the Bar.

It remains to be seen how the permutations will play out as the elections draw closer.

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MY FINDINGS ON CASE OF CITIZEN ORJI, BY GADZAMA

Pioneer Chairman of the Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL), Chief Joe-Kyari Gadzama SAN has submitted his report on his visit to the Awka Correctional Centre concerning an inmate, one Onyekachi Orji.

This is in fulfillment of his promise to investigate the matter as reported to the recent Eastern Bar Forum (EBF) meeting by Senator Enyinnaya Abaribe.

A statement made available to CITY LAWYER showed that Gadzama discovered that Orji was arraigned for two different cases, adding: “While all the Defendants (save Innocent Orji) in the former case (bordering on murder and kidnapping) were acquitted, in the judgment of July 31, 2017, judgment in the latter case (bordering on treason) has been fixed for October 20, 2021, following the adoption of final written addresses by Counsel on July 22, 2021. Innocent Orji has since served out his 10 year term and is now the one taking care of their daughter.”

The full statement is below.

GADZAMA, SAN SUBMITS REPORT OF HIS VISIT TO AWKA CORRECTIONAL FACILITY IN RESPECT OF EMMANUEL ORJI’S CASE AS PROMISED

You will recall that the Pioneer Chairman of the NBA-SPIDEL had promised to submit an official report on his visit to the Awka Correctional Facility to the President of the NBA, the Eastern Bar Forum and Senator Enyinnaya Abaribe intimating them of his findings and progress so far in the case of Emmanuel Orji which was reported by the Distinguished Senator at the Eastern Bar Forum meeting held on the 24th July, 2021 at the Hon. Justice A. I. Umezulike Auditorium, Enugu State.

Gadzama, SAN in the company of some lawyers from his firm as well as C. I. Meze (the counsel that has been handling the matters) and Mr. Ken Nwanna, the Chairman of the NBA Awka Branch visited the Awka Correctional Center on August 5, 2021.

At the Correctional Centre, the team were received by Maria Kwazu, the Welfare Officer, who ushered them to the office of the Officer–in-Charge, DSP Harry Okonkwo.

The team was informed that, although there was an Emmanuel Orji, but contrary to reports, he was neither born in the Correctional Centre nor was he a son of Onyekachi Orji. As a matter of fact, he is close to 40 years and was about 25 years when he was remanded 15 years ago.

The correct information was that although Mrs. Onyekachi Orji, who was already pregnant as at the time of her remand, had given birth while in custody, she gave birth to a girl who was not in any Correctional Centre, but living with her father, Innocent Orji in the village.

The said Onyekachi Orji was arraigned in two different courts:
1. Charge No HN/2/2011 between the State v Innocent Orji (General) & 16 Ors, coram Honourable Justice Ike Ogu, before the Anambra State High Court, sitting at Awka.
2. Charge No FHC/AWK/7C/2009 between the Federal Republic of Nigeria v Chidinma Orji & 15 Ors before the Federal High Court, coram Honourable Justice Oweibo.

While all the Defendants (save Innocent Orji) in the former case (bordering on murder and kidnapping) were acquitted, in the judgment of July 31, 2017, judgment in the latter case (bordering on treason) has been fixed for October 20, 2021, following the adoption of final written addresses by Counsel on July 22, 2021. Innocent Orji has since served out his 10 year term and is now the one taking care of their daughter.

Gadzama also commended Mr. C. I. Meze who has been handling the matter for over 15 years now, at no cost to the Defendants. He equally thanked the Distinguished Senator, the leadership of the Nigerian Bar Association as well as the Eastern Bar Forum for giving him such an opportunity to serve.

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COURT AUTOMATION: EASTERN BAR FORUM COMMENDS RIVERS JUDICIARY

The Eastern Bar Forum (EBF) has commended the Rivers State Judiciary on the one year anniversary of its e-Filing and Court Automation platform which commenced on Tuesday, March 9 and will continue till the end of March.

In a congratulatory letter to the Chairman of the Rivers State Judiciary ICT Committee, Hon. Justice Elsie Thompson dated 12th March, 2021 and titled “Rivers State e-filing platform: Letter of commendation,” the forum noted that “What many saw as impossible has been made possible because of your sincerity of purpose, doggedness and sense of responsibility.”

Signed by Mr. S. Long Williams and Sir Ray Akanwa, Chairman and Secretary of the forum respectively, the influential regional Bar forum said: “We, on behalf of the entire forty five (45) NBA Branches in the Eastern Bar Forum felicitate with you and the entire Rivers State Judiciary on the one year anniversary of the launch of the e-filing platform in the Rivers State Judiciary.”

While commending Justice Thompson “for a work well done,” the Eastern Bar Forum said: “We urge you to continue with your good works as you join the Hon. Chief Judge of Rivers State to make the Rivers State Judiciary the cynosure of all the Judiciary in Nigeria.”

Commenting on the milestone at a press conference held to celebrate the anniversary, the State Chief Judge, Hon. Justice Adama Iyayi-Lamikanra said: “Good justice systems are independent, transparent, accountable and efficient. Citizens depend on the judicial arm of government for key decisions that affect their daily lives and the society they live in. A good justice system is an inalienable right of the citizen.

“In order to initiate lasting reforms in the justice sector and to replace the archaic procedures and outmoded administrative and management systems, information and communications technology (ICT) solutions have been deployed holistically at the Rivers State Judiciary to provide end-to-end automation of the caseflow system.

“I believe that Information and communications technology have brought a turning point in the history of human civilization. It has brought about numerous changes and innovations in all fields of human activity. It has resulted in enhanced efficiency, productivity and quality of output in every walk of life. And the Justice sector should not be an exception.

“The last 365 days in the Rivers State Judiciary has been a journey of automating processes for improved speed in the administration of justice. The journey has been experiential with a lot of positive feedbacks and improvements on an ongoing basis.

“Most of the Rules that operate in our courts today date back to decades of manual and analogue practice that always require human intrusion to achieve the desired goal of effective justice administration.

“More than ever before, the pandemic revealed most of the inadequacies of the manual system and informed how the use of technology can greatly improve the access to justice and speed up the delivery of same. The all-round support from the State Government gave the needed impetus for us to embark on the audacious journey of automating the Rivers State Judiciary.”

The project is receiving technical support from Mr. Emeka Albert, a Justice Sector Reform Consultant and Chief Editor of LEGALPEDIA, who told CITY LAWYER that “more special modules and features of the platform have been scheduled for roll out soon.”

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.

 

 

MUOKA URGES EBF TO TACKLE NATIONAL ISSUES

Former Chairman of Nigerian Bar Association (NBA), Lagos Branch, Mr. Alex Muoka has urged members of the Eastern Bar Forum (EBF) to tackle “issues of compelling national urgency” as they meet today in the “Garden City” of Port Harcourt.
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NBA, EBF, Igbo Lawyers Ask EFCC to Release Ubani


The Economic and Financial Crimes Commission (EFCC) has come under a flurry of attacks as the Nigerian Bar Association (NBA) and other groups of lawyers demanded immediate release of former NBA 2nd Vice President, Mr. Monday Ubani.

An ardent social critic, Ubani has been in EFCC custody for about three weeks for allegedly standing surety for his client and former Nigeria Social Insurance Trust Fund (NSITF) chief executive, Dr. (Mrs.) Ngozi Olejeme.

In a statement signed by its National Publicity Secretary, Mr. Kunle Edun, NBA described Ubani’s continued detention notwithstanding a court order for his release as “a gross violation of his constitutional rights to personal liberty. “

Noting that “Democracy thrives only where there is a culture of respect for rule of law and due process by all persons,” the lawyers’ body said: “The Nigerian Bar Association, therefore, demands that the EFCC immediately complies with the subsisting order of the Federal High Court by releasing Monday Ubani or charge him to court, if there is any reasonable cause to so do.”

In a similar vein, Otu Oka Iwu (Law Society), the umbrella body of Igbo lawyers noted that “It is a matter of deep concern and national embarrassment that the EFCC has chosen to brazenly disobey this order of the court.”

In a statement by its President, Chief Chuks Ikokwu, the influential body of Igbo lawyers said: “It is more worrisome that Mr. Ubani, an ardent critic, activist and social crusader, was asked to personally take his client on bail by Mr. Magu, the EFCC having rejected top civil servants it earlier demanded. Was this a ploy to silence the former NBA chieftain and unrelenting social critic?”

On its part, the Eastern Bar Forum (EBF) also chided the EFCC for its continued detention of the former NBA chieftain. In a statement signed by its Pulicity Secretary, Mr. George Fortune Igbikikuno, the EBF stated that “Nigeria is in a constitutional democracy where respect for rule of law reigns supreme,” adding: “The EBF seriously deprecates the EFCC’s disobedience to court order and urges it to do the needful.”

Below are the statements:


NBA CONDEMNS THE UNLAWFUL DETENTION OF MONDAY UBANI BY EFCC AND DEMANDS FOR HIS IMMEDIATE RELEASE

The attention of the President of the Nigerian Bar Association, Paul Usoro, SAN has been drawn to an order of Honorable Justice Sylvanus Oriji of the Federal High Court wherein His Lordship, on March 26, 2019 granted an ex-parte motion filed by Chief Mike Ozekhome, SAN directing the Economic and Financial Crimes Commission to charge, Monday Ubani, a former 3rd Vice President of the Nigerian Bar Association (NBA) and his co-applicant to court on or before Friday, 28/3/2019.

The court in the alternative, ordered that

“If the Applicants are not charged to court on or before 28/3/2019, EFCC is directed to release them on bail”

It has been 3 days after the order of the court was made and the EFCC, has characteristically shown daring disobedience to the orders of the court by refusing to release Monday Ubani on bail or charge him to court before the 28/3/201.

By the provisions of Section 1(1) of the Constitution of the Federal Republic of Nigeria, the provisions of the Constitution of the Federal Republic of Nigeria is supreme and binding on all persons and institutions in Nigeria.

By the further provisions of Section 35 (4) of the 1999 Constitution “ Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.”

Mr. Monday Ubani still remains in the unlawful custody of the EFCC for more than three weeks, which is a gross violation of his constitutional rights to personal liberty.

Democracy thrives only where there is a culture of respect for rule of law and due process by all persons. The EFCC, being a product of law, must also be subject to the laws of the Federal Republic of Nigeria, and therefore, cannot be above the law. The agency’s penchant for disobedience to orders of court is an ominous threat to rule of law and impacts negatively on Nigeria’s investment environment.

The Nigerian Bar Association, therefore, demands that the EFCC immediately complies with the subsisting order of the Federal High Court by releasing Monday Ubani or charge him to court, if there is any reasonable cause to so do.

The Nigerian Bar Association also urges the President of the Federal Republic of Nigeria, Muhammadu Buhari to closely monitor the activities of security agencies, like EFCC and DSS, and ensure that they obey the fundamental rights of Nigerians and respect the Constitution of the Federal Republic of Nigeria in the performance of their functions.

Kunle Edun
National Publicity Secretary, NBA.

OBEY COURT ORDER, RELEASE UBANI NOW – IGBO LAWYERS TELL EFCC


The Otu Oka Iwu (Law Society) has watched with dismay the flagrant disregard of a valid and subsisting court order and the 1999 Constitution by the Economic and Financial Crimes Commission (EFCC) led by its Acting Chairman, Mr. Ibrahim Magu.

It is recalled that Justice Sylvanus Oriji of the Federal High Court had in a ruling on March 26, 2019 granted an ex-parte motion filed by Chief Mike Ozekhome SAN directing the EFCC to charge former Nigerian Bar Association (NBA) Vice President, Mr. Monday Ubani and his co-applicant to court “on or before Friday, 28/3/2019.”

The court in the alternative ordered that “If the Applicants are not charged to court on or before 28/3/2019, EFCC is directed to release them on bail” upon fulfillment of some listed conditions.

It is a matter of deep concern and national embarrassment that the EFCC has chosen to brazenly disobey this order of the court. It has neither charged the former NBA Vice President to court nor granted him any administrative bail.

Aside from the EFCC and its leadership being in clear breach of the extant order of the Federal High Court, the continued detention of Mr. Ubani also violates Section 35 (4) of the 1999 Constitution which provides that “Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.” The maximum detention period is 48 hours, except extended by a competent court. Mr. Ubani has been in EFCC custody for about three weeks.

It also violates the detainees’ right to dignity of human persons, right to personal liberty, and right to freedom of movement as set out in sections 34, 35 and 41 respectively of the 1999 Constitution.

This culture of impunity as consistently exhibited by EFCC and its leadership continues to ridicule Nigeria in the comity of nations and sabotage efforts at attracting foreign direct investment. Investors only go to jurisdictions where the rule of law and respect for human rights are guaranteed while shunning countries where ‘rule of men’ predominate.

It is even more worrisome that this blatant disobedience of a valid court order by the Magu-led EFCC is coming on the heels of serial disobedience of court orders by the Federal Government directing the release from custody of former National Security Adviser, retired Col. Sambo Dasuki and leader of Shi’a Islamic Movement in Nigeria, Ibrahim El-Zakzaky and his wife. Is Mr. Magu merely taking a cue from the Federal Government?

We note that by the continued disobedience of the order of Federal High Court, Mr. Magu and the EFCC have displayed utter contempt for our courts and the country’s judicial system. It is ironic that these are the same courts the EFCC routinely runs to for orders which they zealously implement in the discharge of their mandate under the EFCC Act. It is not for EFCC and its leadership to pick and choose which court orders to obey or disregard. That is an invitation to anarchy. What is more, he who comes to equity must come with clean hands.

It is further recalled that the courts have severally cited the EFCC and its chairman for contempt, even as stiff damages have been awarded against the commission, thereby dissipating scarce public resources.

It is more worrisome that Mr. Ubani, an ardent critic, activist and social crusader, was asked to personally take his client on bail by Mr. Magu, the EFCC having rejected top civil servants it earlier demanded. Was this a ploy to silence the former NBA chieftain and unrelenting social critic?

Also, the fact that EFCC is apparently complicit in the alleged disappearance of Mr. Ubani’s client further questions the modus operandi and institutional integrity of the anti-graft agency. This follows Mr. Ubani’s posers thus: “Why will EFCC from another unit (Enugu) invade the home of a suspect (Dr. Mrs. Olejeme) who is on bail with them, more so when the matter they came for is purely a civil matter which was already in court? Why the long wait to charge a woman whom EFCC declared wanted since last year and who came back in December and was granted bail early January and up to now, no charge? Was this issue of rejecting valid sureties and insisting that I should be the one to stand for her a ploy to embarrass me for bringing the woman back from abroad to respond to her charges? Why am I being asked to produce her when it is the same EFCC that invaded her home when she was under bail? It is pertinent to point out that later in the day, the investigating officer in Abuja confirmed that the EFCC officials who came from Enugu got permission from the Acting Chairman (Magu) to come and arrest Dr. Olejeme. These and many other questions demand answers!”

We demand immediate release of Mr. Ubani and his co-applicant in line with the subsisting order of the Federal High Court.

Further, we demand a high-powered judicial enquiry into the allegations of complicity and dereliction of duty leveled against the EFCC and its leadership. The time to sanitize EFCC and rid it of corruption is now! Enough is enough!

We urge the Federal Government to take immediate steps to ensure that EFCC does not derail its avowed commitment to the rule of law and respect for fundamental rights of citizens. This has become more pressing given the presence of many senior lawyers including Vice President Yemi Osinbajo SAN in the Buhari Administration.

The EFCC’s Gestapo-style regime of holding citizens for weeks and months without trial and at times without valid court orders must stop. Nigeria is not a banana republic. Attempts by institutions of state to ridicule the country and make it seem like a lawless fiefdom must be resisted by all citizens and the international community.

Signed
Chief Chuks Ikokwu
President
Otu Oka Iwu (Law Society)
01/04/2019

RELEASE MONDAY ONYEKACHI UBANI, ESQ AND HONOURABLE CHRISTOPHER ENAI ON BAIL!!!

The Governing Council and distinguished learned members of the Eastern Bar Forum ably led by Chief Arthur Elvis Chukwu, Esq., ACIArb., KSJI., hereby lend its voice and support to the order of the High Court of the Federal Capital Territory Abuja that the Economic and Financial Crimes Commission that is currently keeping in its custody Monday Onyekachi UBANI, Esq and Honourable Christopher Enai since 19/03/2019, bring them before a court of law charged with the offences they are alleged to have committed or release them on bail as already ordered by the court. Nigeria is in a constitutional democracy where respect for rule of law reigns supreme. The EBF seriously deprecates the EFCC’s disobedience to court order and urges it to do the needful.

George Fortune Igbikikuno Esq., Publicity Secretary, EBF.

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