SHOCKER: A/COURT NOMINEES CAN’T EXPLAIN ‘LIS PENDENS,’ NJC DUMPS THEM

There are strong indications that under-fire National Judicial Council (NJC) may have dropped two jurists who performed woefully during its screening exercise for appointment as Court of Appeal justices.

This may not be unconnected with their inability to answer basic legal questions as well as the backlash the NJC has been receiving following the unprecedented revelation by Nigerian Bar Association (NBA) President, Mr. Olumide Akpata that the entire screening exercise was near shambolic.

CITY LAWYER was told by a reliable source that the dropped candidates (names withheld) are from Kebbi and Katsina States.

Respected human rights activist and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu hinted on the NJC’s decision when he tweeted thus: “The President of @NigBarAssoc, @OlumideAkpata, deserves considerable credit for his advocacy on standards of judicial appointments. He managed to pare back this recent list of #CourtOfAppeal nominees from 20 to 18. The 2 candidates reportedly didn’t know what #LisPendens means! https://t.co/Y9B9bVwoBF.”

CITY LAWYER had gathered from an impeccable source that at least one of the candidates was unable to explain the term, ‘lis pendens.’ Our source said the aspirant argued that the subject ‘had not come before his court!’ Akpata had alluded to this when he sensationally revealed that “Important legal issues that were occasionally put to the nominees could not be answered,” though he refused to give details. Black’s Law Dictionary defines ‘lis pendens’ as “a Latin phrase for a pending suit or a person who has been suspended.”

Narrating his disappointment with the entire screening exercise, Akpata told members of the NBA National Executive Committee (NBA-NEC) at their quarterly meeting in Uyo, Akwa Ibom State, that the screening exercise was akin to “an old school boys meeting.”

His words: “What I saw and experienced at the NJC meeting on the appointment of judges to the Court of Appeal left me aghast. At a point, I, as a “Johnny Just Come’ (new attendee), had to ask, ‘Are these people really going to the Court of Appeal?’

“Important legal issues that were occasionally put to the nominees could not be answered. The whole proceedings appeared more of an old school boys meeting. When I wondered at this, I heard things like, ‘They will learn on the job.’ We were to interview 20 nominees at a point but only 2 hours was allocated for this important exercise. That meant six minutes only for each nominee. What is this? Let me assure you that the NBA will never be a rubber stamp participant at such bodies. You can quote me.”

CITY LAWYER had exclusively reported that Akpata had also written a petition to the Chief Justice of Nigeria (CJN) and NJC Chairman, Justice Tanko Muhammad on the issue.

The NJC is yet to respond to the indictment by the NBA President at press time.

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THE USORO LEGACY: NBA NEC MEETINGS

BY AKOREDE HABEEB LAWAL

Nigerian Bar Association (NBA) Assistant Publicity Secretary, MR. AKOREDE HABEEB LAWAL in this article made available to CITY LAWYER tracks the gains of the Paul Usoro SAN-led Administration in organizing National Executive Committee (NBA-NEC) meetings.

Meetings of the Nigerian Bar Association are above the simplistic coming together of two or more persons to discuss issues of mutual interest. The meetings of members of the NBA are to varying degrees the major decision making organs of the Bar. The essence, in my view, is democratic. And unsurprisingly, by virtue of Article 5 of the NBA Constitution, 2015 (as amended) the supreme authority of the Bar rests in the General Meeting.

At the national end, the NBA is mandated to hold three statutory meetings – National Officers meeting, National Executive Committee meeting and the General Meeting. The monthly National Officers meetings have an expected attendance of the 14 elected officers. The quarterly National Executive Committee (NEC) meetings are attended by almost 500 statutory and co-opted NEC members. The Annual General meeting is open to all members and participants in recent years had hardly been lesser than 1000 in number.

The logistics of holding these statutory meetings are quite heavy on the purse of the association, but we cannot run the extreme by limiting the meetings – both in essence and numbers – as the meetings serve as necessary and statutory checks on the Bar leadership. Thus, while we cannot cut down on the meetings, we can and we have been cutting down on the costs of the meetings since September 2018, when the Paul Usoro, SAN leadership came on board.

It was at the first NEC meeting hosted by the Paul Usoro, SAN administration in December 2018 at the NBA House in Abuja that the tone of changing the status quo was set.

NEC members came expecting their usual hurriedly printed NEC entrance tags, but they were met with bespoke neck tags bearing their names and the duration of their term (2018 to 2020). At the end of the meeting, the Secretariat staff recalled the tags from the participants and kept them. Upon return for the next NEC meeting, the same tags were returned to the respective NEC members and this has been the culture since 2018. One NEC tag for one NEC member in one NEC term. No reprinting tags. No return of money to the NEC Printer!

Hitherto, NBA used to ‘bless’ her NEC members with what was known as NEC Bundle. NEC Bundles were nicely printed hard books with the sober green logo of the NBA on their covers. A flip through the pages welcome you with the glossy pictures of National officers and ordinary prints of quarterly reports of all NBA activities. In a year, a NEC member would go home with 4 of such and if well arranged, you would easily mistake NEC Bundles for useful law books on the shelves of the library of a NEC member. The only difference is that they were bought for the half of a thousand NEC members with NBA funds – running into tens of millions.

Since December 2018, the ‘NEC Bundle’ and its contractors regime has been ousted. In its stead, NEC reports are sent via emails and special WhatsApp Groups to all NEC members prior to the meetings. NEC members are encouraged to attend the meetings with their devices and, in place of heavy NEC bundles, the Paul Usoro leadership makes pervasive fast internet facilities at the venue of the meeting to aid free and easier downloads of the electronic reports. In addition to this, the reports are projected on a large screen for members to follow proceedings.

It was the same initiative that the present NBA leadership adopted on a bigger scale at her first Annual General meeting in 2019. The yearly reports were electronically reduced into PDF formats and were sent to members via emails. By this seemingly simple but ingenious efforts, we saved our association hundreds of millions that would have gone to some printers. And this is one of the reasons we were able to record for the first time ever hundreds of millions as surplus, post -2019 annual general conference.

While the conversation about the NBA picking the hotel bills of statutory NEC members is ongoing, the Paul Usoro administration has made the process more transparent and prudent. Shifting from the earlier system of reserving hotel accommodation for statutory members who may end up not attending the meeting, presently, until a NEC member is confirmed physically present for the meeting, reservations of accommodation are not availed. An indication of the success of this system is that in 2019 and for arguably the first time ever in the NBA history, the present Welfare Secretary, Joshua Enemali Usman returned more than a million Naira of un-utilized hotel bills to the coffers of the NBA.

In respect of meetings of National Officers, long before Covid-19 pandemic, and at the first constitutional amendment opportunity in August 2019, this NBA administration caused the General meeting to amend the NBA Constitution by adding a proviso to Article 8 (6). The said provision now allows for the monthly national officers meeting to hold via teleconference, videoconference and other electronic means, thereby cutting hotel and travel costs that would otherwise have been incurred.

This forward looking provision defines how leadership stands tall to take a peep into the future and face it by earnestly changing the status quo.

“Upon return for the next NEC meeting, the same tags were returned to the respective NEC members and this has been the culture since 2018. One NEC tag for one NEC member in one NEC term. No reprinting tags. No return of money to the NEC Printer!”

Please send emails to citylawyermag@gmail.com. Copyright 2020 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.

FORMER SCRIBE HAILS NBA AT NEC

Former Nigerian Bar Association (NBA) 1ST Assistant Secretary, Mr. Okey Leo Ohagba has advised lawyers to be “more selfless in offering meaningful contributions towards repositioning the NBA as that Voice of the Voiceless.”

In a goodwill message to NBA National Executive Committee (NBA-NEC) members, he also called on lawyers to “focus more on welfare and capacity building programs for lawyers (especially the young lawyers), so as to enable them compete more favorably in the emerging global legal market.”

Below is the full text of the message.

GOODWILL MESSAGE

It is my profound pleasure to felicitate with the NBA President, Paul Usoro, SAN, NBA NEC Members and observers alike, as we converge in Abuja for the National Executive Committee (NEC) Meeting of our dear Association, holding from the 4th to the 6th day of December, 2019.

As we gather to lend our voices for the good of our Nation and particularly our NBA, I call on us to be more selfless in offering meaningful contributions towards repositioning the NBA as that “Voice of the Voiceless”, particularly at a time when our nation’s core democratic foundations are being threatened, even more overtly.

Let me also remind us that the future of the Bar and Legal Profession in Nigeria can only be assessed by the level of investment we make today in younger members of the profession. Therefore, I urge us to focus more on welfare and capacity building programs for lawyers (especially the young lawyers), so as to enable them compete more favorably in the emerging global legal market.

Finally, I wish the NBA – NEC, fruitful deliberations and meaningful resolutions. Do have a pleasant stay in the Federal Capital Territory

and journey mercies to and fro your respective abodes.

With Compliments from;

Okey Leo Ohagba

Immediate Past NBA 1st Asst. Secretary

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Nigerian Bar Association (NBA) President, Mr. Paul Usoro (SAN) has urged lawyers to rise against the alleged incursion into the legal profession by the Economic and Financial Crimes Commission (EFCC). Continue Reading

NBA ELECTIONS: Usoro Wins ‘Round One’

*As NBA NEC Ratifies Election

*Saraki, Olanipekun, Okocha, Others Hail Victory

* ‘Embark on Electoral Reforms Now’

Nigerian Bar Association (NBA) President-elect, Mr. Paul Usoro SAN has scored a major victory with the ratification of his election by the NBA National Executive Committee meeting that held today in Abuja. Continue Reading