JUDGE

  • EMEKA NWADIOKE
  • Jan 15, 2022
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LAWYER SENDS SOS TO FEDERAL HIGH COURT

In this article by MR. IBRAHIM LAWAL, Head of Chamber, Olujinmi & Akeredolu of the Law Hub, Ibadan, he chronicles the challenges faced by lawyers due to the transfer of a Federal High Court jurist from Ibadan and urges the court to redress the issue

 

FEDERAL HIGH COURT IBADAN AND THE DIFFICULTY IN GETTING JUSTICE

The Federal High Court which started as a revenue court has assumed an important role in our judicial system by virtue of the exclusive jurisdiction donated to it in our Constitution. Only the Federal High Court can adjudicate on matters enumerated in Section 251 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, and by virtue of which Federal High Courts were created in each state of the Federation for easy access to justice.

However, in creating those Courts, certain states were recognized as hubs of commercial activities, which made the authority to create more than a court room in such States. For instance, Lagos State can boast of more than ten court rooms while Ibadan was allocated two which in itself is grossly inadequate!

The Federal High Court Ibadan over the years have been manned by two Judges until about a year now when Hon. Justice Malik was transferred to Abeokuta division of the court, the court is now being manned by only one Judge. The judge in actual fact is hardworking but the cases in his Lordship dockets are overwhelming.

All the cases assigned to Justice Malik court have suffered permanent adjournment with dire consequences on lawyers and litigants alike. What is more, the cases at the Federal High Court are business oriented cases which should not for any reason be delayed.

A colleague of mine is facing a serious crisis of confidence with his client simply because he could not secure an order because his application was assigned to the court without a judge! The matter has to do with transactional issue and because of that failure, the company’s account has been blocked! This is just one example of so many of our colleagues that have suffered because of the absence of a presiding Judge in the other Court.

Do we mention the criminal cases that have been pending and the Defendants languishing in detention because the court has not been sitting?

This state of affairs at the Federal High Court Ibadan is no longer bearable for us as lawyers and we beseech the Chief Judge of the Federal High Court, to as a matter of urgency make available a Judge for this Court.

We trust this appeal will be given the attention it deserves and hope that the new year will be better than the last.

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.

  • EMEKA NWADIOKE
  • Aug 19, 2021
  • 3.16k
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  • Comments Off on BREAKING: ANOTHER SENIOR ADVOCATE DIES, MAY BE BURIED TODAY

BREAKING: ANOTHER SENIOR ADVOCATE DIES, MAY BE BURIED TODAY

One of Nigeria’s oldest lawyers, Mr. Mikhail Adisa Bashua (SAN, CON) is dead. He was aged 92 years.

CITY LAWYER gathered that the senior lawyer has been sick lately and passed on today. He is the father of Justice A. J. Bashua of the Lagos State Judiciary among others. 

Mr. Imran Agunbiade who worked with the late sage told CITY LAWYER that “I started my practice with the firm. His son Justice A. J. Bashua called me this morning to inform me. His firm produced Justices K. O. Dawodu and A. J. Bashua.”

There are strong indications that the deceased may be buried today.

Bashua was born into the Bashua Chieftaincy family of Lagos. He was called to the English Bar in 1960 and on his arrival in Nigeria, founded M.A. Bashua & Co., which he registered in 1968. He was enrolled in the Lincoln Inn. Incorporated on 02 August, 1968 his law firm, M. A. BASHUA AND CO celebrated 50 years anniversary in December 2018. The firm commenced operations at No. 45, Iga-Idunganran Street, then known as Reclamation Street, Lagos Island. The office was later moved to its present place at 218, Bamgbose Street, Lagos Island, in 1980. 

He took Silk in 1997 and was elected member of the Federal House of Representatives, Lagos Constituency from 1962 till 1964. He was conferred with the national award, Commander of Order of the Niger (CON) in 2008.

Bashua had while celebrating the firm’s 50th anniversary said: “Young lawyers must be honest and understand the fact that Law is the noblest profession, so, they have to uphold its etiquettes. Upholding the profession’s etiquettes will get you anywhere you want to go. Never allow overburdened interests to becloud you as a lawyer; the client’s interest should always come first.

“Every upcoming lawyer should see this profession as a very interesting one; it should never be seen as a chaotic, problematic and difficult work. Once, as a lawyer, you enjoy what you do, the sky is the limit.”

Speaking on the milestones recorded by the firm, Mr. Aderemi Bashua, its Managing Partner, said: “Its continuous legal practice and consultancy services have been mostly recognised in several ground breaking cases, one of which is the case of Mohammed v. Olawunmi (1990) 2 NWLR (Part 133) R 458 SC. This case, upon the judgment by the Supreme Court, became an authority often cited by lawyers and the Courts.

“The principle of law in that case is when a decision of Court is regarded as a final or interlocutory decision, and, whether a party appealing to an Appellate Court requires leave of Court before appealing against an interlocutory decision of Court.

“The case became a locus classicus on those two issues of law. The Supreme Court agreed with Mr. M. Adisa Bashua ( SAN), CON. that leave of court was necessary.”

In a heart-warming tribute when her father turned 90 years in 2019, Lola Bashua wrote: “My Daddy is 90 years old today!!🎉Happy 90th birthday to my Daddy Mikhail Adisa Bashua(SAN)Senior Advocate Of Nigeria, Commander of the Order of the Niger, The Olori Ebi (head) of the Bashua The Olori Ebi (head) of the Bashua Royal family, The Baba Oba (Father of the King) of Lagos and Baba Oba( Father of the King) of Shomolu. A Harvard school of law graduate at Lincoln’ss Inn, a great philanthropist and yet very humble man.”

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SOWORE: ‘DO NOT INTIMIDATE JUDGES,’ UBANI WARNS DSS

The immediate past Nigerian Bar Association (NBA) 2nd Vice President, Mr. Monday Onyekachi Ubani has blasted the Department of State Security (DSS) for its refusal to release Mr. Omoyele Sowore, the Convener of #RevolutionNow.

He also lampooned the security agency for its alleged plan to drag Justice Taiwo Taiwo of the Federal High Court to the National Judicial Council over his decision to grant bail to Sowore. Justice Taiwo had refused to extend the 45 days detention order against the Sahara Reporters publisher and former students’ union leader.

Mr. Ubani said that he “is clearly at a loss as  how and when court’s decision has become a ground for petitioning NJC,” adding: “What is the allegation against Justice Taiwo Taiwo in the first place? Is it that he has no jurisdiction to release Mr. Sowore after the expiration of the detention order or that the court has lost all the powers under the law to make orders that do not favour DSS in Nigeria anymore? I cannot understand the meaning and substance of the alleged threat to petition him to NJC.”

Mr. Ubani warned that should DSS insist on the petition, “they must also not forget to report to NJC that it was the same Justice Taiwo Taiwo that granted them the detention of Mr. Sowore for 45 days in their detention centre. That information is very important to be disclosed to NJC.”

According to the human rights activist, “It is high time lawyers stood up against this calamitous destruction of the legal system by the security agencies in Nigeria. We lawyers cannot keep quiet anymore because they are trying to destroy the only area where we are operating, which is the court.

“Judiciary is the only place where we operate, so if they succeed in destroying it no one will have regard and respect for us and for the country. If lawyers allow the Judiciary to be emasculated by the executive we are finished, Nigeria is gone, the legal profession is finished.”

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. 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.