JUDICIAL APPOINTMENTS: ‘HOW NBA PRESIDENT BULLIED ME AT IBA PARIS CONFAB,’ BY SENIOR ADVOCATE (VIDEO)

The last has not been heard about the feisty showcase session on judicial appointments at the recently concluded International Bar Association (IBA) Conference in Paris, France.

CITY LAWYER gathered that Nigeria dominated the discourse following damning revelation by the immediate past Abia State Attorney-General & Commissioner for Justice, MR. UCHE IHEDIWA SAN of the palpable corruption that has enveloped the appointment of judges in Nigeria.

The session however got heated to boiling point when Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN tackled Ihediwa following his expose. The face-off got so feisty that the Moderator allegedly threatened to walk out the NBA President from the forum. Referring to the face-off in a recent report, senior lawyer, Mr. Olawale Fapohunda SAN wrote: “Such was the intensity of the back and forth that the Chairperson of the session, Barones (sic) Helena Kennedy, threatened to ask the ‘acteurs principaux’ to take the debate outside the meeting room.”

The showcase session titled ‘Rule of Law Symposium: assessing the impact of the judicial appointments process in undermining the rule of law,’ was chaired by Baroness Helena Kennedy KC of the IBA Human Rights Institute, London. The session discussed the importance of judicial independence and the threats it faces, particularly in the context of judicial appointments processes. It highlighted the case of Israel, where the government is attempting to undermine judicial independence by gaining control over the appointments process and overriding judicial decisions. The session underscores the need for vigilance and advocacy to protect judicial independence and ensure the rule of law.

The Panelists included Dr. Babatunde Ajibade SAN (who spoke from Nigeria’s perspective); Deborah Enix-Ross, President/Chairperson, American Bar Association (ABA); Justice Esther Kitimbo Kisaakye of the Supreme Court of Uganda; Justice Willy Mutunga, former Chief Justice of Republic of Kenya, and Mr. Jan Smit of the Bingham Centre for the Rule of Law, London. Like Justice Kisaakye, Mr. Gideon Fisher, an Israeli lawyer, spoke virtually from Tel Aviv, Israel.

In this interview, Ihediwa told CITY LAWYER that Maikyau attempted to bully him during the session, saying it took the intervention of the Moderator to protect him.

THE INTERVIEW
During a question-and-answer session on the appointment of judges, I came out to contribute to the discussion.

I said there is a need to amend our Constitution in relation to the appointment of members of the Judicial Service Commission (JSC) in the states. I noted that under section 173, the state Governor appoints 5 of its 7 members. So they (commission) will do his bidding. Even the NBA members are appointed by him. So, the Governor can influence the appointment.

I also said that the present system breads corruption. I cited the last process in Abia (State), where I was involved. I said the JSC was accused of corruption, i.e., accepting bribes, and there was evidence of this allegation.

When the (NBA) President took the floor, he lampooned me for seeing corruption and failing to prosecute. He was angry that we were washing our dirty lining in the public. When his speech was so condescending on me, I angrily stood up and voiced my exception to his language and accusatory posture.

The moderator, Baroness Kenedy, intervened to protect me from the bullying speech of our president. She threatened to walk him out. The president left afterwards.

Mr. Olumide Akpata cleared the air when he corroborated the presentation of Dr. (Babatunde) Ajibade to the effect that to get an incorrigible judge in Nigeria today through our appointment process is like playing a lottery. It will be one in every 10. The (NBA) President expects me to prosecute members of JSC. Can an AG do that in Nigeria? The judges are prosecutable by NJC.

THE SUN newspaper published a retraction saying I was not included in their allegation of bribery in the appointment of judges. This is after my letter threatening to sue the newspaper. The scandal was published in the SUN newspaper of 1st November 2021 front page. You can also talk to Barrister Charles Oputa on the allegation of bribery.

What I did was to ensure that the crooks on the list were not appointed judges. I fought it for over one year. I feel fulfilled that they were not appointed until I left. I made humongous enemies. My crusade – for which I used Abia as an example – is that in the appointment of judges, the JSC is a willing tool in the hands of the Governor. The man who took the bribe on behalf of his confederate was a High Court judge. He is under NJC, not Attorney-General. At a SPIDEL conference in which I was a panelist, held at NBA House, I raised the same issue.

To view the full feisty session, click here.

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TINUBU CONGRATULATES MAIKYAU ON HIS ELECTION

The All Progressives Congress (APC) presidential flagbearer in the 2023 national elections, Senator Bola Tinubu has congratulated Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN on his election.

In a statement by the Tinubu Media Office titled “CONGRATULATORY STATEMENT TO YAKUBU CHONOKO MAIKYAU, SAN ON HIS ELECTION AS PRESIDENT OF THE NIGERIAN BAR ASSOCIATION,” Tinubu said: “I congratulate Y.C. Maikyau, SAN on his emergence as the 31st President of the Nigerian Bar Association (NBA), following the term expiration of the administration of Olumide Akpata.”

He said: “I, once more, commend and congratulate Y.C. Maikyau and the new executive leadership of the NBA. Their character and reputation have led to this moment of triumph and the absolute trust of their learned peers. I urge them all to maintain a commitment to the values I have espoused above and to the task of carrying the legal profession onto ever greater heights over the course of the next two years.”

The full statement is below:

PRESS STATEMENT

CONGRATULATORY STATEMENT TO YAKUBU CHONOKO MAIKYAU, SAN ON HIS ELECTION AS PRESIDENT OF THE NIGERIAN BAR ASSOCIATION

I congratulate Y.C. Maikyau, SAN on his emergence as the 31st President of the Nigerian Bar Association (NBA), following the term expiration of the administration of Olumide Akpata.

The commendations and peer endorsements that informed his election and have since trailed his official swearing-in, underscore Maikyau’s professional success as a legal practitioner and his suitability for the elevated position with which he has been entrusted. Such testimonials inspire absolute confidence in his capacity to fulfil his pledge to take the NBA towards its brightest future.

The Bar is an important institution, central to the growth and sustenance of Nigeria’s democracy, justice and the rule of law. It’s members are the sworn defenders of our entire system of justice; the edifice undergirding our development, government accountability and respect for fundamental human rights. No nation can survive for long in the absence of these essential values or, therefore, without a well-functioning and organised legal profession.

I, once more, commend and congratulate Y.C. Maikyau and the new executive leadership of the NBA. Their character and reputation have led to this moment of triumph and the absolute trust of their learned peers. I urge them all to maintain a commitment to the values I have espoused above and to the task of carrying the legal profession onto ever greater heights over the course of the next two years.

I wish the new NBA administration the very best in all its future endeavours and pray, earnestly, that under their stewardship, the ideal of the legal profession as the last best hope of the common man remains true and alive in our nation.

SIGNED

Tinubu Media Office
August 29, 2022.

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ISAAC OGBAH STUNS AUDIENCE AT NBA MANIFESTO DAY

ISAAC OMUTA OGBAH, FICMC, CANDIDATE FOR 3RD VICE PRESIDENT OF NBA PRESENTS HIS MANIFESTO TO NIGERIAN LAWYERS

Says: “Look at me, I have all it takes to be the President of NBA.” And because of that, if elected as the 3rd Vice President of the NBA, the NBA President would be so glad and pleased with him that the President would delegate him with responsibilities and he would deliver 💯%

MR. Ogbah states further: “while representing the NBA President on any given assignment everyone would gladly receive whatever message he comes to deliver because he would deliver it well!!!

MR. Ogbah states further, while quoting the book of Job 33:4 “*I am the one the Spirit of God has made; I am the one in whom the breath of the Almighty has given life: and because of that I present myself before all lawyers to receive your and be made the 3rd Vice President of the NBA!!!”*

At the Manifesto and Presidential debate MR. Isaac Ogbah overwhelming received the support and applause of lawyers who were physically and virtually present!!!

Hence it is believed that come 16th July 2022 MR. Isaac Omuta Ogbah is seeking the overwhelming support of lawyers to vote 🗳 him as the next 3rd Vice President of the NBA.

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AKPATA STORMS NBA ILE-IFE FOR LAW WEEK

The President of the Nigerian Bar Association, Mr. Olumide Akpata today attended the opening ceremony of the NBA Ile-Ife Branch Law Week holding at the Ife Grand Resorts, Ife, Osun State.

Mr. President, while delivering his opening remarks as the Chairman of the Law Week, reiterated the point that the strength of the Nigerian Bar Association resides in the branches.

Below are photos from the event.

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‘BOSAN IS UNDERMINING NBA PRESIDENT,’ SAYS TAIDI

The immediate past Nigerian Bar Association (NBA) General Secretary, Mr. Jonathan Gunu Taidi has blasted the Body of Senior Advocates of Nigeria (BOSAN) for allegedly undermining the office of the NBA President.

In a statement made available to CITY LAWYER, Taidi, who is vying for the position of NBA President in the forthcoming elections, said that instances of alleged undermining efforts “have become intolerable and deserving of serious condemnation, even sanction.”

He stated that “The latest of these catalogue of breaches is the attempt to subvert the existing order of precedence during the Valedictory Court Session in honour of retiring Justice of the Supreme Court Ejembi Eko, J.S.C. where some senior members of the Body of Senior Advocates of Nigeria (BOSAN) caused the altering of the existing protocol which rightly recognizes the President of the NBA ahead of the Chairman of BOSAN.”

Taidi warned that “the NBA President is the president of all, irrespective of whether or not they belong to BOSAN, or whether or not they belong to the inner bar or outer bar,” adding that BOSAN should focus on major challenges that hobble the judiciary “instead of this quibbling over who should be recognized first at a public forum.”

Saying there are BOSAN members with serious disciplinary issues, the former NBA scribe stated that “rather than this tendency to use every opportunity to undermine the Bar leadership, it is advisable that BOSAN directs its energies at redressing some very gross acts committed by the rank of its membership, some of which are so heinous that they are included in the law reports. Undoubtedly, such acts are inimical to the progress of the noble profession and should be discouraged.”

The statement reads:

The recurring attempts by some senior members of the inner bar to undermine the office the NBA President have become intolerable and deserving of serious condemnation, even sanction. A series of egregious actions which seek to reduce the leadership of the bar has recently come to fore and it is clear that a group within the inner bar is determined to wage an unnecessary war of attrition on the NBA, which is the umbrella body of all lawyers in Nigeria.

The latest of these catalogue of breaches is the attempt to subvert the existing order of precedence during the Valedictory Court Session in honour of retiring Justice of the Supreme Court Ejembi Eko, J.S.C. where some senior members of the Body of Senior Advocates of Nigeria (BOSAN) caused the altering of the existing protocol which rightly recognizes the President of the NBA ahead of the Chairman of BOSAN.

For the avoidance of doubt, the NBA President is the president of all, irrespective of whether or not they belong to BOSAN, or whether or not they belong to the inner bar or outer bar.

I believe that the judicial system of this country has serious problems requiring immediate remedy, issues that go to the very heart of the practice of law in this country, issues that should rather engage the erudite minds of our senior advocates instead of this quibbling over who should be recognized first at a public forum.

I humbly suggest that BOSAN as a body focuses its efforts on mentorship in its respective jurisdictions and preparing young minds to take maximum advantage of emerging opportunities for legal practice. Indeed, rather than engage in a needless tussle vide order of precedence, BOSAN will do well to ensure that its members who have been indicted for all kinds of infractions receive the discipline they deserve.

In other words, rather than this tendency to use every opportunity to undermine the Bar leadership, it is advisable that BOSAN directs its energies at redressing some very gross acts committed by the rank of its membership, some of which are so heinous that they are included in the law reports. Undoubtedly, such acts are inimical to the progress of the noble profession and should be discouraged.

It bears repeating that attempts at undermining the status of the President of the Nigerian Bar Association are unwarranted from anyone, and even more invidious when they come from an associate body like BOSAN.

Jonathan Gunu Taidi, Esq.
NBA General Secretary (2018 – 2020)

BOSAN could not be reached for comments at press time.

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MAXIMUS UGWUOKE CONGRATULATES AKPATA ON NUPTIALS

Maximus Ugwuoke Congratulates Olumide Akpata, the President of NBA on his wedding.

Mr. Ikechukwu Maximus Ugwuoke, aspirant for National Welfare Secretary position of NBA and former social Secretary of NBA Enugu Branch has sent a congratulatory message to the the president of the NBA.

In his message Ugwuoke said: ” I join the legal community and the rest of the world to Congratulate you, our dear President, Olumide Akpata on the occasion of your traditional wedding with the love of your life, Osayamon Michelle Ogbebor at the ancient city of Benin today, 14th day of May 2022.

As the Holy Book says “He that findeth a wife, findeth a good thing and obtains favour from the Lord”. This singular event of your marriage taking place towards the end of your NBA presidency tenure is a demonstration of the the fact that God’s favour that made you the number one bar man in the country had continued to sustain you to attain the greater strides and accomplishment you have so far recorded in your office, the climax of which is your tying the marital knots at this point.

May God bless your marriage and continue to sustain it with love, peace, joy and happiness”.

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N1.4BN FRAUD CHARGE: COURTS ACQUITS USORO

A Federal High Court sitting in Lagos State has discharged and acquitted the immediate past President of the Nigerian Bar Association (NBA), Mr. Paul Usoro SAN.

Usoro had been standing trial on 10 counts of fraud and money laundering made against him by the Economic and Financial Crimes Commission (EFCC).

He had pleaded not guilty to the offence and made a no-case submission, insisting that the anti-graft agency had made no case against him to warrant him to enter a defence.

In his decision on the no-case submission today, trial judge, Justice Rilwan Aikawa held that the anti-graft agency failed to establish any prima facie case against Usoro.

Justice Aikawa noted that the penal code, under which the former NBA President was charged, is not applicable to the southern states of Lagos and Akwa Ibom, which were said to be the locations of the alleged offences.

“On the whole, I hold that the prosecution has failed to establish any prima facie case. Accordingly, the defendant is hereby discharged and acquitted,” Justice Aikawa held.

The EFCC had arraigned Usoro on December 18, 2018, before Justice Muslim Hassan on 10 counts, all of which he pleaded not guilty to.

He was subsequently re-arraigned before Justice Aikawa on charges which alleged that he committed the offence on May 14, 2016.

He was alleged to have conspired to convert the sum of N1.4 billion, property of Akwa Ibom State Government, which the court says he ought to have known was part of the proceeds of an unlawful activity

In his testimony before the court, an EFCC investigating officer Abdulrahman Arabo, said that the Akwa Ibom State Governor, Udom Emmanuel, hired Usoro who, in turn, invited other SANs to join him at the Election Tribunal where his victory was being challenged in 2015.

The EFFC witness also testified that the sum of N1.4 billion legal fee paid to the SANs was drawn from the treasury of the Akwa Ibom State’s account.

Usoro vigorously denied the allegations. On February 25, the former NBA President had filed a no case submission where his counsel, Effiong O. Effiong SAN submitted that the EFCC called only two witnesses and closed its case because, according to him, it knew it didn’t have any case against the defendants. He asked the court to allow the no-case submission.

But the EFCC opposed his application and asked the court to dismiss the no-case submission, citing the “overwhelming evidence” it said it had adduced and exhibits admitted in evidence. It also asked the court to order the defendant to enter his defence.

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#ENDSARS: AKPATA STORMS PROBE PANEL, VOWS CLOSE MONITORING

  • PROMISES FREE LEGAL HELP FOR VICTIMS

Nigerian Bar Association (NBA) President, Mr. Olumide Akpata yesterday stormed the inaugural sitting of the Lagos State Judicial Panel of Inquiry for Restitution for victims of #EndSARS-related abuses and the October 20 Lekki Tollgate shootings.

Briefing NBA Lagos Branch members after the visit, Akpata vowed that NBA will closely monitor the activities of the panel to ensure that justice is done to all victims of the crisis.

Akpata, who was addressing the lawyers during their monthly general meeting, said that NBA would also set up free legal assistance teams to help victims pursue their cases before the panel, even as he called for “sober reflection and positive action.”

He stated that he visited the Lagos State panel of enquiry to represent the association, adding: “My Lord Justice (Doris) Okuwobi gave me the opportunity to let the panel know that the NBA intends to be actively involved in this panel in Lagos and similar panels set up all over the country.”

Speaking specifically on NBA’s roadmap for the enquiry panels, Akpata said: “And just to latch on to the point made by my brother Emeka Nwadioke, our intervention will be two-pronged: firstly, as we have already indicated, we want to provide through our members pro bono service to victims – so that we can help them at all these panels, the 36 States and the National Human Rights Commission Panel set up in Abuja, help these victims articulate their petitions and also present their petitions.

“We are going to set up teams. We already have the Public Interest Team that we are putting together and a database of lawyers who have already indicated that they would like to be part of this process. He stated that the process is ongoing and urged the branch leadership to seek out more volunteers for the pro bono project.

Continuing, Akpata said: “The second leg of our intervention would be serving as independent observers in all of these panels, serving as friends of the court – or friends of the panel, as it were – to ensure that the panels are proceeding unimpeded.”

He stated that the Lagos State Panel of Inquiry leadership was “very delighted that the NBA is ready to play these roles, and has assured me that we would be given due recognition, and that our members who come in to play the independent observer role would be duly accorded recognition and audience as at when necessary.

“For Lagos, for example, by my calculation there would be 72 days of sitting for the next 6 months. So it will be important for us to set up committees. The volunteers can take turns to participate in the proceedings of the panel so that we can be the watchdog, play the watchdog role that is ours to play. We intend to be very involved.”

Turning to the protests, the NBA president noted that many lawyers bore the brunt of the destruction of properties. Noting that standing aloof is not an option, Akpata stated that there are “wider issues” involved. He said that beyond the #ENDSARS protests and the Lekki Toll Plaza killings, “there are root causes that we must address.”

He noted that “the masses are protesting,” adding that “we must attack the root issues, we must intervene in this process as the NBA, we must mediate in this process.”

On the efforts earlier made by the NBA, Akpata stated that in the days leading to October 20 when the crisis peaked with the killing of some protesters at Lekki Toll Plaza, NBA led efforts along with its branches and States Attorneys-General to free all detained protesters, adding that he is “very proud of the work our members did facilitating the release of members of the public who were arrested around the country.

“Beyond that, we very quickly collaborated with the National Human Rights Commission. As you know, we are working closely with the NHRC on the independent panel of enquiry that has been set up by the commission to look into the SARS protest. Our First Vice President is a member of that panel which is led by the Honourable Justice Suleiman Galadima.

“We are also working closely with the National Assembly. Working closely with the Speaker of the House of Representatives, we set up a 7-man Committee on tweaking the Police Service Commission Act to ensure that the new iteration of that law will cater for a transparency and accountability framework that will deal with erring police officers.

“As soon as the unfortunate event of 20th of October happened, we issued a statement where we made it categorically clear on behalf of the association that the event of that night was totally unacceptable – shooting at unarmed harmless protesters – totally unacceptable, and would not be entertained by the Nigerian Bar Association; that we would rise up in defence of any Nigerian so assaulted, which is what we are doing.

“Immediately, we called for a meeting of the NBA and at that meeting we discussed the issue extensively and came out with a communiqué which had since been issued. Essentially, the association has given us the mandate not only to do that which we are already doing – which is to support Nigerians who have come under attack from the security forces – but also to intervene in what has become an impasse, to intervene in a situation that is degenerating by the day because the society is looking up to us as the NBA to intervene in this process.

“Of course, you know that it has come close to home – uncomfortably so. We inspected the High Court at Igbosere and what we saw left us speechless. It is one thing to hear about the destruction, but to see it first-hand leaves you numb as it did to us yesterday (Sunday).”

He urged NBA Lagos Branch to “lead the way” in working with the judiciary “to see how we can come back to where we were before the unfortunate incident, and taking the opportunity to improve on the facilities that existed previously.”

Akpata also commiserated with members of the branch whose offices were vandalized during the carnage at City Hall.

In his response, NBA Lagos Branch Chairman, Mr. Yemi Akangbe applauded Akpata intiitives taken by his administration to tackle the crisis, saying: “You have stepped in an.d taken leadership. We are proud of you as an esteemed member of this branch.”

Among many senior lawyers who attended the virtual meeting are former NBA presidential candidates, Chief Emeka Ngige, SAN and Dr. Babatunde Ajibade, SAN; Chief Bolaji Ayorinde, SAN; Mr. Tunde Busari, SAN; Mrs. Olufunke Agbor, SAN; Mr. George Etomi, NPOM; NBA General Secretary, Mrs. Joyce Oduah and fiery Nigerian Law School teacher, Mr. Sylvester Udemezue.

The panel is made up of the retired Justice Okuwobi as chairman; Mr. Ebun Adegboruwa, SAN; Mr. Taiwo Lakanu, a retired Deputy Inspector-General of Police and a founding member of SARS; Mrs. Oluwatoyin Odusanya, Director, Lagos State Directorate of Citizens Rights; Ms. Patience Udoh, Mr. Segun Awosanya (segalink) and two representatives of the youth.

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Breaking: New NBA President to Emerge August 4

• ECNBA Okays New Time Table
• To embark on “further” testing of portal
• Decision Throws Up Constitutional Issues
• NBA-NEC to Ratify Decisions at AGC

A new president of the Nigerian Bar Association (NBA) will emerge on August 4, 2018 following the release of new election time table by the Electoral Committee of the NBA (ECNBA). Continue Reading