ODINKALU

‘WHERE IS ABDULRASHEED BAWA?’ ASKS CHIDI ODINKALU

Around 6 February 2005, John Githongo, Permanent Secretary in Kenya’s Presidency responsible for Governance and Ethics, resigned after only two years in the role. As Michaela Wrong narrates in her vicarious memoir of Githongo’s tenure, his resignation letter was transmitted from an anonymous grocer’s shop in London at the beginning of what turned out to be a three-year-long exile. He had fled the job “fearing he could be murdered.”

When he took up the position in 2003, Githongo had arrived with energy and ideas from a senior role in global corruption watch-dog, Transparency International. Corruption, he told Ms. Wrong, “could only be fought from the top.” The main lesson from his two years on the job, instead, appeared to be that fighting corruption was also most usually frustrated from the top.

Ngozi Okonjo-Iweala, who had her own run-ins with trying to keep the country on the tarmac as Finance Minister, titled her memoirs on public finance reforms: Fighting Corruption is Dangerous. The New York Times described Githongo’s experience as “a cautionary tale about the dangers of challenging a thoroughly corrupted system.” Such tales have become the staple of a succession of bedraggled tenures of chief executives of Nigeria’s leading anti-corruption institution, the Economic and Financial Crimes Commission, EFCC.

By some coincidence, the EFCC’s first Chairman, Nuhu Ribadu, took his job in the same year that President Mwai Kibaki appointed John Githongo to his position as the presumptive Czar of anti-corruption in the country. The year after his appointment, Ribadu reached an agreement with the Nigeria Police College, Ikeja, to train cadets for the EFCC. Among the graduates from the Course 1 Cadet cohort in 2004 was one Abdulrasheed Bawa.

The brief of the EFCC, meanwhile, ran up against constitutional design and cynical politics. Although the Commission is empowered primarily to ensure accountability through criminal prosecutions, ultimate control of that function under Nigeria’s constitution lies not with the Chairman of the EFCC but with the Attorney-General of the Federation and Minister of Justice, who sits in Cabinet, where the EFCC Chair does not. What the president gives to the EFCC Chair, he can take away by sleight of hand, a nod, or a wink in the direction of his Attorney-General.

Within two years at the beginning of the Millennium, Nigeria had created two anti-corruption institutions where one would easily have served. In 2000, President Olusegun Obasanjo first established the Independent Corrupt Practices and Other Related Offences Commission, better known as the ICPC, to fight routine bureaucratic malefaction.

But Nigeria was on the receiving end of sovereign stress from the Financial Action Task Force (FATF) for allegations of high profile international financial crimes involving a joint enterprise of private citizens and public institutions, which made the rehabilitation of the country’s international credit rather frustrating. Somewhat under international duress, therefore, President Obasanjo established the EFCC to help him create the impression that the country was serious about this problem. The motive for the EFCC, it seemed clear from inception, was both instrumental and performative. That was clear enough to the politicians who created it. Most of the leaders of the institution since, however, liked to pretend to the contrary.

The EFCC volubly advertises its relative success against the most notorious advance fee fraud syndicates but has proved entirely inept in bringing to account senior politicians, who have turned Nigeria into an object of abject pillage and plunder, often with the collusion of a succession of occupants of the office of the Attorney-General of the Federation.

Successive Chairs of the Commission have ended all ended up tarnished and hounded.

Nuhu Ribadu was a dashing 40-year old police officer and lawyer who came to national prominence at the turn of the millennium representing his employers before the Human Rights Violations Investigation Commission headed by Justice Chukwudifu Oputa. He brought that gusto to his role as the pioneer chair of the EFCC where he seemed to command considerable bandwidth with then president, Olusegun Obasanjo to the point of holding sway in decisions over who was eliminated from the line of succession as Obasanjo’s tenure wound to a close.

A 2006 US Embassy Cable disclosed by Wikileaks feared that the work of fighting corruption under him was “widely perceived to be nothing more than a political witch hunt by President Obasanjo”. Human Rights Watch famously criticized him as preoccupied with the pursuit of “more headlines than convictions.” As Githongo made his way back to Nairobi from three years in exile in 2008, Ribadu was headed out to his own exile of about the same duration after suffering multiple humiliations and exposure to worse at the hands of Obasanjo’s successors.

The tenure of Farida Waziri, the retired Assistant Inspector-General of Police, who succeeded Ribadu at the EFCC, seemed ill-fated from the beginning. According to another cable also disclosed by Wikileaks, Mrs. Waziri was a client of the same politicians whom she was supposed to investigate and her every step seemed to be dogged by suspicion and controversy. A few months into his elected tenure in November 2011, President Goodluck Jonathan mercifully relieved Mrs. Waziri of her position citing “national interest.”

Ibrahim Lamorde, who replaced Mrs. Waziri in 2011, was sacked in November 2015, barraged by allegations by the National Assembly very much redolent of the kind that he should have been investigating against those who were hounding him.

His successor, Ibrahim Magu, had the distinction of serving his tenure without Senate confirmation. On 6 July 2020, operatives of the State Security Service (SSS), arrested Mr. Magu and detained him for interrogation in connection with allegations of corruption.

Abdulrasheed Bawa was the first Chairman of the EFCC who was not a Police Officer. A lifelong staff of the Commission, Bawa was barely 40 when he was appointed to the role in February 2021 in somewhat controversial circumstances. On 14 June, 2023, the presidency announced his suspension from office for opaque reasons given as “weighty allegations of abuse of office”. More than 120 days later, Bawa remains disappeared, reportedly an unacknowledged hostage of the SSS, his location unknown and undisclosed.

At least three aspects of Bawa’s fate merit attention. First, a government that claims democratic legitimacy should not be in the business of disappearing citizens, irrespective of what they are accused of. Whatever the allegations against Mr. Bawa are, they cannot justify putting him beneath the constitution.

Second, Nigeria’s constitution prohibits administrative detention, which is exactly what has become Mr. Bawa’s fate. Nigerians did not suffer that silently from military dictators. An administration led by those who claim to have resisted the abuses of military rule should not be caught now replaying the playbook that they reviled. If there are serious allegations against Mr. Bawa, he deserves to be brought to account administratively in line with the service regulations of his employers or before a court of law. Neither option warrants his indefinite disappearance.

Third, established under the National Security Agencies Act, the powers of the SSS are limited to investigation and enforcement of crimes “against the internal security of Nigeria.” Allegations of “abuse of power”, which the presidency claims to be the reason for Bawa’s suspension, would appear to be outside the scope of the SSS.

The standard response to this is that Mr. Bawa is receiving a taste of the medicine of institutional caprice that his EFCC meted out to suspects. The shortcomings of the EFCC under successive leaderships since its inception, including its investigation and detainee management protocols, are well documented. However, the habit of terminating successive leaders of the institution into political persecution is independent of that pattern.

Ironically restored under the current regime to public service as National Security Adviser, Nuhu Ribadu, who bears indelible scars from being hounded into exile as pioneer chair of the EFCC, today supervises the disappearance of Abdulrasheed Bawa in complicit silence.

Nigeria’s politicians may be interested only in co-opting the language of fighting corruption but citizens have a duty to care that corruption is not enabled with official impunity. The disappearance of Mohammed Bawa is not merely a violation of the standards of Nigeria’s laws and constitution; it also ensures that the job of fighting impunity for grand corruption in Nigeria does not stand any chance of success.

A lawyer and a teacher, Chidi Anselm Odinkalu can be reached at chidi.odinkalu@tufts.edu

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AKPATA RAPS CONFEREES FOR RIOT OVER AGC BAGS (VIDEOS)

The President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has berated conferees who invaded the Accreditation Centre to cart away conference bags and other items.

Akpata, who was delivering an apology for his lateness to the President’s Dinner organized as one of the highlights of the ongoing NBA Annual General Conference, said that he was held up by the chaos that broke out yesterday evening over delivery of conference bags.

CITY LAWYER had captured the moment when the vehicle conveying the conference bags arrived to the hot embrace of the teeming conferees who had massed around the Accreditation Centre to collect the bags. A security officer told CITY LAWYER that the organisers were having a tough time with crowd control, as the conferees were blocking the access route to be used by the vehicle to deliver the bags to the Accreditation Centre.

Saying that it was not in his character to attend such events late, Akpata beamed a clip of the riot on the wide screen, adding: “It is a sad commentary. But this is really who we are. We must not delude ourselves. We are as good as our weakest link.”

He noted that the Technical Committee on Conference Planning (TCCP) had explained that it insisted on top quality bags for the conferees, leading to its rejection of the low quality bags supplied by the vendor. He wondered why the conferees would not exercise patience, moreso when the quality bags had been supplied.

Fiery human rights activist and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu had lampooned some conferees who staged a protest earlier on the same issue.

He said: “Nigeria is nothing if not impressive. Ask these same lawyers to protest over their Governor stealing money or politicians in Abuja stealing the country into destitution & calling it fuel subsidy, they will object & tell you how respectable a bunch of lads they are. But we will protest over bags! Our situation passeth all understanding.”

CITY LAWYER recalls that the TCCP Chairman, Mr. Tobenna Erojikwe had in an update to conferees noted that the committee had rejected the bags because they did not meet the agreed standards.

His words:

Dear Colleagues,

I welcome you again to Lagos for our 62nd Annual General Conference. I hope that the registration process has been pleasant for you thus far.

Thank you for the feedback that we have received from you on various points and for the commendations too. In cases where you suggested that we make improvements, we have taken note and will continue to work towards giving you a better experience.

Regarding the ongoing collection of conference materials, I am writing to update you that we will now pause collection of conference materials (specifically the conference bags) until further notice. This is because while we have ordered more than enough bags to serve our delegates, we have now observed that the most recent batches of the bags delivered to us are less than the quality that we contracted and paid for. We have accordingly rejected them and asked our suppliers to provide conforming replacements as soon possible.

In any case, to enable our delegates continue to enjoy the conference, all other materials (particularly the tags, tickets and lanyards) will still be issued to you at the designated collection points. Collection of the bags will resume afterwards.

I thank you for your understanding and regret any inconvenience that this might cause you.

My best regards,

Tobenna Erojikwe
Chairman, NBA TCCP 2022

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  • EMEKA NWADIOKE
  • Apr 27, 2022
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  • Comments Off on ANXIETY, AS ECNBA CONSULTANT IN CONTROVERSIAL 2018 ELECTION ‘RETURNS’

ANXIETY, AS ECNBA CONSULTANT IN CONTROVERSIAL 2018 ELECTION ‘RETURNS’

There are concerns in legal circles following revelation by the Electoral Committee of the Nigerian Bar Association (ECNBA) that one of the applicants for the crucial role of “Technical Support Consultant” (TSC) played the same role in the controversial 2018 NBA Elections.

The ECNBA had in a Public Notice yesterday urged NBA stakeholders to comment on the suitability of two leading ICT firms seeking to fill the role of ECNBA Technical Consultant. The two companies are Finesse Integrated Technologies Limited and Thriveonus Limited, both Abuja based ICT companies.

While reeling out its numerous operations especially in the legal sector, Finesse Integrated Technologies Limited wrote: “NBA – Technical Consultant to the ECNBA for the 2018 NBA general elections.” This is aside from other jobs done for the Supreme Court of Nigeria, Court of Appeal, National Judicial Institute (NJI) and the Nigeria Deposit Insurance Corporation (NDIC) in an otherwise rich resume.

CITY LAWYER investigation however shows that the 2018 NBA Elections remains one of the most controversial in the history of the lawyers’ association. Following a CITY LAWYER exclusive report showing that former NBA President, Mr. Paul Usoro SAN – who was one of the presidential candidates in the election – was equally a non-Executive Director at Access Bank Plc alongside Dr. (Mrs.) Ajoritsedere Josephine Awosika, the pioneer female Chairman of CHAMS hired as ICT Partner to midwife the election, this set off a chain of events that took the election beyond the July deadline stipulated by the NBA Constitution.

Current ECNBA member and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu referred to the debacle when he wrote: “Under the constitution of the association, the ballot was to have concluded before the end of July. A cocktail of implausible cock-ups had conspired to defer the completion of the ballot by three weeks beyond the constitutionally permissible date.”

Passing a judgement on the 2018 NBA Elections, the fiery human rights activist wrote: “The figures announced by the ECNBA suggested a very spirited contest. In reality, the outcome was pre-determined. The ECNBA and the NBA leadership of AB Mahmoud SAN had presided over the most willfully manipulated ballot in the history of the association.” While Usoro emerged victorious with 4,509 votes, Chief Arthur Obi-Okafor SAN and former Deputy Director-General of the Nigerian Law School, Prof. Ernest Ojukwu SAN polled 4, 423 and 3, 313 votes respectively.

Odinkalu observed that the process leading to the engagement of CRENET, a new election data service provider, was shrouded in secrecy, adding: “One phone number in particular, 0807 410 7787 accounted for 41 voters; 0810 642 1702 accounted for 32 voters, while 0806 402 8401 accounted for 18. Between them, these three numbers alone accounted for 91 votes, that is six votes more than the announced margin of 86 votes between the declared winner and the runner up.”

This would later ground prosecution of two lawyers by the Economic and Financial Crimes Commission (EFCC) following a petition by Obi-Okafor. In the August 28, 2018 petition presented by the ICT Team Lead for his campaign organization, Mr. Olumuyiwa Olowokure, it said: “The NBA 2018 National Elections which held from August 18 to 20, 2018 has been mired in controversy following complaints of gross irregularities characterised by theft of members’ identities and data, internet fraud, interference/manipulation of the online portal … parties connived to fraudulently manipulate the electoral process to achieve a predetermined outcome.”

The EFCC in the suit marked FHC/L/118c/2020 and signed by its counsel, Mr. Rotimi Oyedepo, alleged that the accused persons altered 1004 eligible voters’ personal details and cast votes for the former NBA president by impersonating voters through fraudulently using the Supreme Court Enrolment Numbers of some lawyers.

While CHAMS and CRENET were in the eye of the storm for the alleged fraud that enveloped the election, Finesse Integrated Technologies Limited seems to have been in the shadows. The process leading to its appointment as ECNBA’s Technical Consultant as well as the exact role it played during the 2018 NBA Election seem to be mired in mystery. Given that the ECNBA was decidedly silent on its involvement in the 2018 Election, it was not until yesterday that it announced its participation in the controversial election.

Said Odinkalu: “In the end, a voting process that was supposed to be seamless suffered at least eight deferrals and one suspension. Every stage in the process was tortured.”

Ojukwu also had only harsh words for the conduct of the election. He denounced the election as having been characterized by “massive vote buying, vote capture, rigging and a skewed process.”

The uproar that greeted the 2018 election as well as the one before and after it compelled the Body of Senior Advocates of Nigeria (BOSAN) to set up a five-man committee to work with the NBA to review the 2018 and 2020 elections. Members of the committee were Chief Joe Kyari-Gadzama, SAN; Mr. Osaro Eghobamien, SAN; Chief Yomi Aliu, SAN; Prof. Offornze Amucheazi, SAN, and Mr. Ebun Olu-Adegboruwa, SAN.

Former NBA President and Chairman of its Board of Trustees, Dr. Olisa Agbakoba, SAN said of the electoral audit: “It is very good to review the electoral process of NBA, which is exactly what we, the Trustees recommended.” The BOSAN Committee soon became troubled itself, with the resignation of some of its members including Gadzama.

Following his commitment in his inaugural address to review the association’s electoral process and bequeath a flawless electoral system to the lawyers’ body, NBA President, Mr. Olumide Akpata on September 30, 2020 set up the Mr. Ayodele Akintunde SAN-led “Electoral Reform and Audit Committee.” One of the committee’s terms of reference was “To audit the elections of National Officers of the NBA of 2016, 2018 and 2020 and recommend reforms (if any) of the electoral process.” Aside from submitting a detailed report on the malfeasance that bedeviled past NBA Elections, the mantle again fell on Akintunde to walk the talk by implementing his committee’s recommendations geared towards a free, fair and credible NBA Election.

Attempts by CITY LAWYER to reach Finesse Integrated Technologies Limited on its role in the 2018 NBA Elections proved abortive. Though one Ruth Isaac told CITY LAWYER that the company’s Managing Director and Chief Executive, Mr. Akintomide Akinwolere would respond timeously to our enquiries, he was yet to do so at press time.

According to the “Request for Proposal For Technical Support Consultant to the ECNBA” dated April 11, 2022 the all-important role of the Technical Support Consultant was spelt out as follows: “The TSC shall be responsible for providing the requisite consulting and advisory services necessary to attain the goal established by the ECNBA for the Project. Specifically, the TSC shall play key roles in the following areas:

1. Member Identity & Database (Technical Assistance):
(a) Collect, review and certify as adequate and fit for purpose, an approximately 50,000– 60,000 member-rich database, and transform same into a Register of Voters in an integration ready format for use with any standard Election Management System (EMS); and

(b) Propose a multi-Factor Authentication (MFA) protocol to govern the identification and verification of members on the EMS to be deployed for the Project.

2. ICT Service Provider (“Service Provider”):
(a) Develop the technical requirements and the ECNBA’s criteria for engaging the Service Provider that will deploy the EMS;

(b) Support the ECNBA in developing the requisite RFP for the selection process and subsequent negotiations between the qualified, experienced, skilled, and selected Service Provider; and

(c) Outline the deliverables that will be incorporated in the Service Level Agreement (SLA) and Operational Level Agreement (OLA) that will govern the performance and operations of the EMS services by the Service Provider.

3. Stakeholder Support:
(a) Support the ECNBA in its voter sensitization and enlightenment outreach by producing materials, including Q&A’s, for publication on the Project website or distribution to members, and to attend the ECNBA branch or regional stakeholder programs physically (or virtually), to respond to technical issues raised by members;

(b) Conduct trainings for members (virtually or physically) on any aspect of the electoral process, including voter registration and certification as well as login and logout protocol of the EMS; and

(c) Set up and operate a Technical Support Centre, including 24/7 Call Centre from the commencement and throughout the election period, to assist members on any technical issues relating to access, login, or logout process on the EMS.

4. Tests, Audits & Reports:
(a) Conduct a system and software testing to ensure that the EMS is implementing the latest, modern technology and solutions;

(b) Conduct functionality testing to ensure that the EMS delivers on all the functional requirements and specifications stipulated by the ECNBA;

(c) Conduct vulnerability testing to identify any vulnerability or threat to which the system might be exposed, assign severity levels to threats found, and propose remediation or mitigation; and

(d) Perform process audit of the EMS, monitor elections real time, and carry out postelection audit and produce all relevant reports required by the ECNBA.

According to the approved ECNBA Budget, the Technical Support Consultant is to earn N15 Million for its services.

It remains to be seen the exact role played by Finesse Integrated Technologies Limited in the NBA 2018 Elections saga.

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  • EMEKA NWADIOKE
  • Jul 16, 2021
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  • Comments Off on ODINKALU APPOINTED PROFESSOR BY TOP US VARSITY

ODINKALU APPOINTED PROFESSOR BY TOP US VARSITY

Vocal human rights activist, Professor Chidi Odinkalu has been appointed a ‘Professor of Practice’ by one of America’s elite universities, Tufts University.

In a press release dated July 14, 2021 the leading university stated that Odinkalu, a former Chairman of Nigeria’s National Human Rights Commission (NHRC), “will join Fletcher’s multi-disciplinary faculty focused on preparing tomorrow’s leaders to use the latest legal, political, economic, and business thinking to generate policies and inform decisions that shape global events.”

According to Kelly Sims Gallagher, Academic Dean at The Fletcher School, “Chidi Odinkalu is a renowned human rights activist with a distinguished record of public service who has spent more than three decades working at the front line of human rights law and research, development advocacy, international institutional law and governmental policy.”

The statement added that Odinkalu’s “profound contributions to the advancement of human rights intersect with Fletcher’s mission and core values,” adding that “We are delighted to welcome him to the Fletcher community.”

Tufts University is reputed as a leader in American higher education, distinctive for its success as a moderately sized university that excels at research and providing students with a personal experience. According to the university “Our unique combination of research and liberal arts attracts students, faculty and staff who thrive in our environment of curiosity, creativity and engagement.”

Below is the full text of the press release.

Human Rights Activist Chidi Odinkalu joins The Fletcher School
July 14, 2021

The Fletcher School is pleased to announce the appointment of international human rights law expert Chidi Anselm Odinkalu, PhD to a Professor of Practice faculty position for a three-year term beginning in the Fall of 2021.

He will join Fletcher’s multi-disciplinary faculty focused on preparing tomorrow’s leaders to use the latest legal, political, economic, and business thinking to generate policies and inform decisions that shape global events.

“Chidi Odinkalu is a renowned human rights activist with a distinguished record of public service who has spent more than three decades working at the front line of human rights law and research, development advocacy, international institutional law and governmental policy,” remarked Kelly Sims Gallagher, Academic Dean at The Fletcher School.

“His profound contributions to the advancement of human rights intersect with Fletcher’s mission and core values,” she added. “We are delighted to welcome him to the Fletcher community.”

Odinkalu’s background reflects an extensive record of research, publishing and teaching in the areas of human rights, development law and public policy throughout Africa, Europe and the US.

Most recently, he was part of a three-member team that mediated the readmission of The Gambia into the Commonwealth, where he litigated human rights before national and regional courts as well as in transnational contexts.

From 2011 to 2015, he chaired Nigeria’s National Human Rights Commission, the country’s lead institution for the protection of human rights and promotion of human rights policy. He also worked within human rights philanthropy.

For 10 years prior, he was involved in drafting the Protocol for the African Court on Human and Peoples’ Rights through to adoption by the Organisation of African Unity (OAU), in Ouagadougou, Burkina Faso in 1998.

In 2004, he led the advocacy effort for its entry into force with the creation of the Coalition for the African Court on Human and Peoples’ Rights. For more than three years, until 1993, Odinkalu was head of legal services for the Civil Liberties Organization in Lagos, where he was responsible for litigation, advocacy and constituent building strategies, as well as managing relationships with the military government and its institutions.

“I am honored to join the Fletcher community and look forward to working with Fletcher’s students, faculty and administration to apply intellectual and strategic innovation to the most pressing challenges in governance and international human rights law,” said Odinkalu.

A native of Nigeria born into internal displacement during the country’s civil war, he received his PhD in law from the London School of Economics and Political Science.

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  • EMEKA NWADIOKE
  • Mar 21, 2021
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  • Comments Off on A/COURT SCREENING: ‘I PLAYED KEY ROLE IN NJC DUMPING NOMINEES,’ SAYS CAROL AJIE

A/COURT SCREENING: ‘I PLAYED KEY ROLE IN NJC DUMPING NOMINEES,’ SAYS CAROL AJIE

RIGHT OF REPLY

Fiery Bar Activist and former Secretary of the Nigerian Bar Association (NBA), Lagos Branch, Dame Carol Ajie has said that she contributed to the dropping of two candidates who allegedly performed poorly during the National Judicial Council (NJC) screening of the nominees for elevation to the Court of Appeal.

In a rejoinder to CITY LAWYER‘s report on the matter, Dame Ajie narrated her high-profile interventions on the controversial screening exercise, adding that CITY LAWYER did not credit her efforts as contributing to the reversal of fortunes suffered by the affected jurists.

Below is the full text of the rejoinder which was sent to CITY LAWYER.

NBA vs NJC Appellate Court Nominees: Mr Emeka Nwadioke – Unfair Reporting

As you privately twice acknowledged yesterday Saturday 20th Match I wrote self inspiringly interventionist views on the above subject many including Gambo Saleh NJC Secretary received it I I also sent it to Ms Hadiza Supreme Court Chief Registrar on my contact list via WhatsApp and email to a former CJN Mariam Muktar GCON. I believe a number of people were surprised that I backed Akpata on anything cos they had perceived I won’t and couldn’t back him.

Perhaps I don’t know the part of the real reason for NJC U Turn arose from the shocking endorsement I have Akpata though you are too dishonest to admit it in your poor article which I have trashed.

A former NBA GS who shall not be named wrote me a long whatsapp text yesterday to dump support for Akpata on this I didn’t buckle. I said Akpata is right.

I sought on my own initiative to back him that is why I wrote my interventionist text like that. If I didn’t want to back him I know how to write Read a draft of what would have appeared anti Akpata

An NBA President Akpata who never hid his aversion for the court room suddenly becomes an advocate of who a good appellate court Judge should be. Please Distinguished readers trash it. You know Akpata is conventionally greedy he has zero record on public interest chances are that as NBA President he probably had his preferential candidates who didn’t pass the mark set by CJN/NJC A transactional lawyer indeed should not be telling a CJN who is eligible for the bench when not his turf. Thank U
End

Chidi Odinkalu himself cannot file a motion he knows nothing about litigation he has no practice he was never in practice.

But why put down Akpata or Chidi they are my Brothers I said one from Midwest plus Akpata actually is UNIBEN Alum. As a Catholic Christian I said he has taken a right step let me publicly support him. That z it. As for Chidi he is my Brother I call him Brother CAO hus (sic) initials

If I wrote that anti Akpata and shared it within half an hour it would get to CJN through Ahmed Gambo.Saleh and Madam Chief Registrar SC or other sources. Trust me they will say Iroko Tree Ajie is against Akpata and she is for us CJN CR SC NJC Secretary and the fight goes on . Note there is no NBA nominee into FJSC I didn’t support Usoro and they read me and as you know CJN has not yet resolved it

My friends may not be happy with me that I backed Akpata openly I mean my friend Madam CR SC and then I am now reading a dishonest report in City lawyer magazine that failed to give credence to efforts in a struggle I courageously took part in my name on it

If you don’t know how to address me I am a Georgetown scholar I read for it on my degree certificate are the appellation Professor Scholar Juris I didn’t inherit it and as a renowned Constitutional Law lawyer I changed a few provisions in the Nigerian Constitution through documented struggles google search Carol.Ajie and Constitutional Law I have an Intl human rights certificate from Georgetown which cannot be bought with all the money in the World I worked to get my credentials Dues fully paid.

Best regards
CA

Copy Mr Akpata etc

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  • EMEKA NWADIOKE
  • Mar 21, 2021
  • 4.5k
  • 1
  • Comments Off on SHOCKER: A/COURT NOMINEES CAN’T EXPLAIN ‘LIS PENDENS,’ NJC DUMPS THEM

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.

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.

 

BUHARI, ATIKU, SARAKI, ODINKALU, OTHERS HAIL AKPATA

BY EMEKA NWADIOKE

Encomiums have continued to pour in for Nigerian Bar Association President-elect, Mr. Olumide Akpata over his victory at the just concluded NBA National Officers Elections.

In his congratulatory message, President Muhammadu Buhari said: “I congratulate Olumide Akpata on his election as the President of the Nigerian Bar Association (NBA), a crucial stakeholder in our democracy. I wish him every success in the new position, and assure the new leadership of the continued cooperation of our administration.”

Replying, Akpata said he was especially delighted that the president acknowledged NBA as a “crucial stakeholder in our democracy.” His words: “Your Excellency, thank you for your kind words, and in particular the acknowledgement of the @NigBarAssoc as a crucial stakeholder in our democracy and the assurance of your administration’s cooperation. It is a partnership that can only be beneficial to the Nigerian populace.”

Former Vice President Atiku Abubakar said: “@OlumideAkpata’s victory at the just concluded @NigBarAssoc’s elections is proof that real power lies with the people. Congratulations, I am confident you will do well and also deliver convincingly on the mandate of which you now carry. –AA”

In his response, Akpata wrote: “Thank you Your Excellency @atiku. Indeed the people [lawyers] spoke, and in very clear terms too. Thank you for the vote of confidence. The real work starts now and it is my pledge that the mandate will be fulfilled and posterity will judge us well.”

Former Senate President, Dr. Bukola Saraki also felicitated with the NBA President-elect on his verified Twitter handle, saying: “I offer my congratulations to @OlumideAkpata on his emergence as President of the
@NigBarAssoc. His was a blistering campaign which promised to revolutionise and reposition the NBA, not only for the benefit of its members but for the generality of the Nigerian society.”

Replying, Akpata wrote: “Your Excellency Dr @bukolasaraki Floreat! It was truly a blistering campaign and one which soon became obviously not about any one individual but a cause for the majority of Nigerian lawyers (both young and old). I commit to not letting them down. KC did not teach us that.”

Next in line was the Governor of Edo State, Akpata’s home State. He wrote: ” Congratulations to @OlumideAkpata on his emergence as the President of Nigeria Bar Association (NBA). He brings with him years of enviable success as a distinguished lawyer and is sure to steer the NBA to glorious heights. Congratulations, once more!”

“My Governor @GovernorObaseki,” Akpata wrote, “thank you for your kind wishes. It will be a thing of pride for us to be able to steer the @NigBarAssoc to glorious heights and make it value adding for our members and the general society. That is our minimum target.”

Also not left out is the Governor of Delat State, Dr. Ifeanyi Arthur Okowa, who tweeted thus: “I congratulate my friend and brother, Barrister @OlumideAkpata, on his emergence as the next President of the Nigerian Bar Association (NBA). Over the years, Barrister Akpata has worked to strengthen the legal profession and empower a new generation of Nigerian lawyers.

“As he prepares to steer the affairs of the NBA, it is my fervent hope that lawyers across Nigeria work with the new leadership of the NBA and Barrister Akpata to provide more efficient and effective access to justice for all Nigerians.”

In his response, Akpata tweeted: “Your Excellency @IAOkowa I appreciate the glowing endorsement. Indeed the hardwork is just about to start. We are optimistic of a new dawn for the @NigBarAssoc.”

Popular social media influencer, Dr. Joe Abah was not left out of the outpouring of encomiums. He tweeted: “Congratulations, my brother @OlumideAkpata, on your election as NBA President. Please celebrate tonight because there’s a lot of work ahead. The noble profession can be a real force for change in this country. You can count on my continuing support.”

Akpata responded thus: “My brother @DrJoeAbah thank you. The amount of work to be done has never been lost on me. Indeed the unprecedented interest in the election even among the wider populace lends credence to your point. I will be counting on you on this journey. Thank you again, Ezemmuo.”

Akpata also found favour in the eyes of Prof. Chidi Odinkalu, a strident critic of the current NBA leadership. Having reviewed Akpata’s acceptance speech, Odinkalu tweeted: “Olu, this is a balanced statement. I’m particularly gratified by what you say about the #electoralprocess in @NigBarAssoc. In that, you’ll find lots of willing supporters. Welcome to the world of work,
@OlumideAkpata.”

Replying, Akpata wrote: “Thank you Prof @ChidiOdinkalu. My message about the electoral process remained consistent, before and after the poll. Indeed we can do better. With the support of the likes of you, we will approach the coming months and years with confidence.”

The NBA President-elect also received a congratulatory message from erstwhile NBA presidential aspirant and former NBA Ikeja Branch Chairman, Mr. Adesina Ogunlana and his group, Radical Agenda Movement in the NBA (RAMINBA ). Tracing the debacle that attended his quest, the group wrote: “However the indisputable fact is that a Leader has emerged and it is one Leader, who, right from the onset, has always had a formidable presence in the field and a constant leading contestant.”

Akpata also acknowledged receipt of congratulatory telephone call from his closest rival and former NBA presidential candidate, Dr. Babatunde Ajibade SAN, saying: “This morning, I received a call from Dr. @BAjibadeSAN and I have also read his congratulatory message both of which were quintessential Tunde, the gentleman who I have known for a long time who is my brother & friend and will always remain so. As I said in my thank you message, I will count on his support and counsel as we work towards Securing a United Bar that Works for All.”

On his part, Nigerian Law School teacher, Mr. Sylvester Udemezue said that while he had called Akpata to congratulate him on his victory, “I have also chosen this medium to, again, heartily congratulate the NBA President-elect, Mr. Akpata, on his victory. It was a keenly contested election, but someone had to win. The term ‘election’ itself suggests a contest between two or more persons at the end of which one person must win and another or others must lose, while all must thereafter continue as one. Dear sir, I urge you to be high-minded in victory; to reach out to the other contestants, indeed to all camps and also to endeavour to carry everyone along in your leadership of the NBA, during the next two years. This you should do in order to succeed, and make the NBA better, because your camp or supporters alone cannot make you succeed; they can only make you remain for only one side! I sincerely hope you be guided by the words of Michael Watson who once advised, ‘true winners and strong people don’t put others down, they lift them up.’ ”

In its congratulatory message signed by its Convener, Mr. Chuma Akana, Innovation and Technology Lawyers Network wrote: “We believe the NBA is properly positioned to navigate the intersection of law and technology, as we look forward to a technology driven NBA. We also look forward to a Nigerian Bar Association that will encourage interested members to build capacity and jurisprudence in emerging areas of tech law including Fintech, blockchain, data privacy, artificial intelligence etc.”

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.

  • EMEKA NWADIOKE
  • Jul 10, 2020
  • 1.22k
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  • Comments Off on COVID-19: LAGOS CJ, FALANA, ODINKALU, ADEGBORUWA, OJUKWU, OTHERS TO X-RAY HUMAN RIGHTS VIOLATIONS

COVID-19: LAGOS CJ, FALANA, ODINKALU, ADEGBORUWA, OJUKWU, OTHERS TO X-RAY HUMAN RIGHTS VIOLATIONS

Leading human rights activists will on Monday dissect the impact of the Coronavirus pandemic on Nigeria’s human rights landscape.

Organized by the Human Rights Committee of Nigerian Bar Association (NBA), Lagos Branch, the virtual conference will especially spotlight human rights violations in the wake of efforts to contain the coronavirus pandemic while framing the roadmap for human rights protection in the COVID-19 era. The theme of the conference is “COVID-19, Access to Justice and Human Rights Violations.” Time is 3 pm.

Among the lawyers and jurists who have confirmed their participation as speakers are the Lagos State Chief Judge, Justice Kazeem Alogba; Lagos State Attorney-General & Commissioner for Justice, Mr. Moyosore Onigbanjo SAN; Mr. Femi Falana SAN who will deliver a Keynote Address; Prof. Chidi Odinkalu who will speak on “COVID-19, Access to Justice and Human Rights Violations: The Role of Nigerian Bar Association,” and the Chairman of National Human Rights Commission (NHRC), Mr. Tony Ojukwu, who will speak on “COVID-19 and Human Rights Violations: Insights from the Field.”

Other confirmed speakers are Mr. Ebun-Olu Adegboruwa SAN who will x-ray the topic, “How Fair is Virtual Hearing in the COVID-19 era?” and Dr. Uju Agomoh, Executive Director, Prisoners Rehabilitation and Welfare Action (PRAWA) who will tackle the topic, “Coronavirus, Correctional Centres and Rights of Awaiting Trial Inmates.” Renowned legal aid defence expert, Mr. Chino Obiagwu SAN will discuss “Coronavirus and Challenge of Legal Defence” while Mr. Muhammad Belgore SAN will contend with “Litigating Human Rights Cases in the COVID-19 Era.”

The Lagos State Commissioner of Police, Mr. Hakeem Odumosu is expected to offer useful insights on the task of policing in the COVID-19 era as he discusses “Policing in the COVID -19 Era: Challenges and Prospects.”

The Host for the much anticipated virtual conference is NBA Lagos Branch Chairman, Mr. Yemi Akangbe while the Moderator is the Branch Vice Chairman & Chairman of the Human Rights Committee, Mr. Okey Ilofulunwa.

Facilitated by Messrs Olumide Babalola and Emeka Nwadioke, participants are expected to register for the virtual conference at https://us02web.zoom.us/webinar/register/WN_3RikvKB9SzGF-7fWpfdcYg or www.shorturl.at/fgo46.

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.

‘HOW ECNBA CAN AVOID RIGGING OF 2020 ELECTIONS,’ BY ODINKALU

Human rights advocate and former Chairman of National Human Rights Commission (NHRC), Prof. Chidi Odinkalu has predicted that the Nigerian Bar Association (NBA) National Officers Elections scheduled to open on July 29 will be rigged. In an article titled “The 2020 Elections of the Nigerian Bar Association Will Be Rigged: Here is How,” Odinkalu outlines perceived gaps in the ongoing electoral process, expressing fears that the NBA leadership may lack the political will to conduct free, fair and credible elections.

THE 2020 ELECTIONS OF THE NIGERIAN BAR ASSOCIATION WILL BE RIGGED: HERE IS HOW

By Chidi Anselm Odinkalu

In his infamous letter issued last month to the 1998 transitional President of the Nigerian Bar Association (NA), Chief T.J.O. Okpoko, a Senior Advocate of Nigeria (SAN), senior Nigerian lawyer, Chief Adegboyega Awomolo, himself also a SAN, appealed that “it will be a great failure of leadership for the senior advocate to surrender leadership to outer Bar when there are willing and able senior advocates.” In an election in which two of the three aspirants for the top prize of president of the Nigerian Bar Association (NBA) are SANs, this was as close as anyone could come to openly advocating rigging the election à la carte, without calling the crime by its name. Barring last minute course correction by the Electoral Committee of the NBA (ECNBA), Chief Awomolo is likely to get his wish: these 2020 NBA elections, like the two before it in 2016 and 2018, have been set up to be rigged to order.

While Chief Awomolo may have provided the motive or rationale for rigging the NBA election, the mechanics of procuring the rigging are in the hands of the ECNBA. By way of context, it is useful to explain that the NBA elections are digital. In their 2018 book, How to Rig an Election, Nic Cheeseman and Brian Klaas point out that “once upon a time, to do the dirty of changing votes, you had to be present in the actual polling location. That is no longer true.” In an earlier piece of work on “Making Democracy Harder to Hack” published in the Michigan Journal of Law Reform in 2017, Scott Shackleford and his collaborators examined essential vulnerabilities that make rigging possible in digital democracy, focusing in particular on three aspects: who can vote (voter rolls); who you vote for (voting platforms) and vote computation. (how many votes each candidate receives). As will be shown shortly, all three vulnerabilities are deliberately built into the NBA’s electoral processes.

Essentially, there are four vulnerabilities that have been designed to guarantee rigging of the vote in the 2020 NBA election. These are voter rolls (register), portal integrity (or lack of it), voter verification opacity and prohibitive transaction cost, and lack of independence in the ECNBA. I will explain each of these briefly.

Voter Register: Voters in NBA ballot have to meet three conditions. First, they must be enrolled as lawyers in Nigeria. This is easily confirmed from the Roll of lawyers kept with the Supreme Court. Every lawyer on the Roll has an enrolment number, with which their enrolment can be verified. Second, the person must have paid their annual practicing fees by 31 March. The collecting bank for this is Access Bank. It should be easy to verify those who paid from the records or tellers of the bank. In reality, the only people who have access to this record are the President of the NBA and those whom he wishes to. Third, the voter must also have paid his or her branch dues by 31 March. The NBA comprises 125 branches. Each branch manages its own processes for collecting dues. These are not standardized. The list of eligible payees is at the say so of the different branch chairmen.

Without access to the records of the bank or of the branches, the register of voters lacks integrity and it shows. When the ECNBA issued the provisional register at the end of May 2020, it contained 21,067 names. By the time it issued what it called a final list one month later in June, it had ballooned by 186.65% to 39,321. A close reading of the list shows it contains multiple repetitions, omissions and even figments. People who did not pay the practicing fees are there while many who paid are not. Many branch chairmen have no records of people whom they have put forward as having paid branch dues. There are credibly attested reports of chairmen printing receipts of payment and backdating fictional payments. One particular voter on the list goes by the incredible name of “Opening Balance”. The joke is that this voter has a twin, who is also a lawyer called “Closing”. Their Dad, Mr. Balance, must be proud!

Portal Integrity: In 2018, the voting portal for the NBA election was from a compromised provider. In 2020 it is not clear who the provider is. The portal appears to be managed by the NBA itself. It is not clear who has built it. There is neither transparency to its provenance nor verifiability or falsifiability to its operations and computations. As such, its integrity can neither be investigated nor guaranteed. It should be easy to engage external monitors for this purpose or engage the leading campaigns to designate back-end agents to monitor and verify the integrity of the operations. Neither the leadership of the NBA nor the ECNBA constituted by it is willing to grant either.

Verification Opacity and Prohibitive Transaction Cost: By meeting the three conditions for getting on the voter register, a potential voter does not earn the right to vote as such. S/he only qualifies for the privilege of verification. To do this, the voter is required to go to the portal and key in their details, including uploading their qualifying certificate and providing an e-mail address to which a password can be sent to them. The uploading can take up to three to four days. Many voters find this frustrating and opt out. Passwords are generated by the portal and changed by it at will without the agency of the voter. The voting register does not contain the e-mail address of the voter, so it is impossible to verify in any forensic process whether an e-mail corresponds to any particular voter. On their part, the ECNBA and the NBA can put forward data-protection concerns for circumspection with publishing of the e-mail addresses. In response, surely, that cannot be cited to justify creating deliberate balloting vulnerability. This opacity guarantees inflation of actual voting. In 2018, this was precisely the vulnerability that allowed for clusters of voting to happen using fake Firemail addresses generated from one source. That is almost guaranteed to occur in 2020. The prohibitive transaction cost is engineered for targeted disenfranchisement of voting clusters or conurbations seen as favourably disposed to unfavoured candidates.

Lack of Independence in ECNBA: Appointed to supervise the NBA election, the ECNBA lacks independent appropriations and operations. It has to function through the NBA Secretariat under the direction of the NBA President. Despite the existence of an ECNBA, aspirants and candidates continue(d) to receive letters from the NBA Secretariat and the NBA continues to be involved in directing essential aspects of the election value chain. The absence of institutional and process independence could itself become a dent on the personal integrity of members of the ECNBA.

It happened in 2016 and 2018. The litigation commenced in 2016 against the outcome of the rigged election to the position of the NBA presidency was only concluded at the end of the tenure of the beneficiary in 2018. After the 2018 election, the Economic and Financial Crimes Commission (EFCC) and the State Security Service (SSS) instituted investigations into the rigging of the ballot for the NBA presidency. Several staff of the NBA Secretariat were arrested. In one case, a young mother who works as staff of the NBA was arrested and detained for nearly two weeks.

The ECNBA has an opportunity even now 2020 to avoid these. It can easily infuse greater transparency into its operations. It can invite independent monitors to certify the integrity of its operations. All the accredited campaigns should be entitled to records that should enable them to certify the integrity of the process. These are not expensive steps. The only reason none will happen is because the NBA elections will be rigged. I will be happy to be proved wrong and to eat humble pie.

This, then, is the architecture of rigging that almost assuredly guarantees that Chief Awomolo and his gang of insecure, entitled antediluvians will get his wish. As I have said elsewhere, any system in which a minority feels entitled to rule over the majority has only one name: Apartheid. It should be resisted.

Odinkalu is Co-Convenor of the Open Bar Initiative and writes in his personal capacity.

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.

 

  • EMEKA NWADIOKE
  • Jun 30, 2020
  • 1.05k
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  • Comments Off on AMNESTY INT’L, ODINKALU, BALLASON, OTHERS SEEK ACCOUNTABILITY FOR MASS KILLINGS

AMNESTY INT’L, ODINKALU, BALLASON, OTHERS SEEK ACCOUNTABILITY FOR MASS KILLINGS

Amnesty International and human rights advocates have warned that unless there is accountability for mass killings in Nigeria, the trend will not stop.

Rising from the 2020 Annual Lecture of the Molluma Medico-Legal Centre held recently at House of Justice, Kaduna, the panelists noted that survivors, victims and communities affected by mass killings deserve empathy from government as well as dignity and closure. The theme of the lecture was “From atrocity to closure: Managing victims and deploying forensics in the aftermath of mass killings”

Country Director of Amnesty International in Nigeria, Osai Ojigho, decried the acceptance of impunity and lack of accountability for mass killings in Nigeria. Ojigho, who was on the panel of discussants, referred to cycles of killings and reprisals by terror groups and security forces or in so-called inter-communal clashes and regretted the seeming lack of interest on the part of the Nigerian government to bring these cycles to an end.

She gave the example of the massacre of Shiites in Zaria, Kaduna State, in December 2015 where security forces were involved in the mass killing and disappearance of hundreds with no consequences and no closure for the families despite the recommendations of a judicial commission of inquiry.

Ojigho underscored the importance of the “right to truth”, pointing out that truth has often times been caught in between a citizenry who demand accountability and government officials who disdain the kind of work that groups like Amnesty do in pursuit of truth about mass killings.

The keynote speaker at the lecture was world-renowned geneticist, Mishel Stephenson, representing Fredy Peccerelli, Executive Director of the Forensic Anthropology Foundation of Guatemala (GAFG). Ms. Stephenson called attention to the needs of families affected by mass killings and disappearances and underscored the obligation of government to address these needs.

Her words: “Families affected by such killings or disappearances usually have a diverse range of emotions, needs and priorities, such as locating the bodies of their loved ones, knowing the cause of death (right to truth), according their loved ones a burial, finding closure or ensuring justice. The skills required to fulfill these needs are multi-disciplinary, and include genetics, anthropology and psycho-social support. Forensic genetics helps in identifying the bodies when they are located and could also help in prosecution of alleged perpetrators or bringing to justice persons behind mass atrocities for the purpose of truth and justice.”

Stephenson revealed that in Guatemala, the work of the FAFG has helped to locate over 3,500 victims and to bring many people, including a former President of the country, to justice. According to her, the families and communities of victims are the real victims and the driving force behind investigations of this nature.

She warned that investigating mass killings takes time, effort and could be excruciating but is the only way that the collective dignity and humanity of both victims and survivors could be validated.

Drawing from the experience of Indian-Administered Kashmir, Khurram Parvez, a panelist and Chair of the Asian Federation Against Involuntary Disappearances stressed the obligation of government to protect its citizens and communities, pointing out that quite apart from their impact on individuals and families, mass killings also undermine bonds of coexistence and faith in institutions. Mr. Parvez explained the importance of ensuring effective documentation of such crimes even when it is not immediately evident that any prosecutions will take place. In Kashmir, he disclosed, they have worked to document over 6,700 mass killings and mass graves.

Another discussant, Abiodun Baiyewu, Executive Director of Global Rights said closure would be much easier to achieve if government were to show empathy and sincerity in investigating mass killings and bringing their perpetrators to justice. “…this is the most effective way to break the cycle of atrocities and reprisals. When this does not happen, atrocities and impunity can be said to be ‘state-backed’, “she argued

Ahmed Salkida, Editor-in-Chief, “HumAngle” and foremost conflict reporter from Nigeria, argued that mass killings and massacres will continue as long as government and its agencies neglect their primary duty which is to protect the citizens and their communities. He complained that in Nigeria, government deploys effective assets to protect property but often behaves as if its people are expendable. “The government must choose its citizens over properties”, said Mr. Salkida.

Advocate, Peter Kiama, Executive Director of Independent Medico-Legal Unit (IMLU) in Kenya, who was also a panelist at the event argued that mass killings do not occur by accident but are enabled by government policies which means that policies can also be made to curb or eradicate them. He also called attention to the need to address the trauma needs of survivors who are often affected in ways that society and government are unwilling or unable to pay attention to.

Chidi Anselm Odinkalu, who chairs International Advisory Board of the Molluma Medico-Legal Centre added that it is important for families to have closure and to be able to locate and identify the remains of their loved ones and that could be made possible if citizens and government learn to count and account for each other. Citing the examples from both Guatemala and Kashmir, Dr. Odinkalu underscored the importance for attention to detail, documentation and dignity in responding to mass killings. ‘All these require patience and time’, he said.

Participation in the lecture came from over 30 countries, including Botswana, Kenya, Nigeria, Malawi, Tanzania, Uganda, South Africa, United Kingdom, United States. They included former Justice of the Supreme Court of Nigeria, Justice K.B Akaahs, former Attorney-General of Kaduna State, Zakari Sogfa; Dean of the Faculty of Law at the University of Ghana at Legon, Professor Raymond Atuguba; and Head of Advocacy in Christian Solidarity World-wide (CSW), Dr. Khataza Gondwe.

Executive Director of the Molluma Medico-Legal Centre, Gloria Mabeiam Ballason, said that the 2020 lecture was necessary to empower citizens to put pressure on Nigeria’s federal government to ensure accountability for the instigators, sponsors, perpetrators, catalysts and enablers of the mass killing that now characterize the country. “These killings will not stop until no one benefits from them”, Ballason noted, concluding that Guatemala is a great example of the power in citizenship movements.

Commissioned in 2014, the Molluma Yakubu Medico-Legal Centre works to ensure accountability for victims of medical crimes and mass atrocities, and to give victims dignity even in death. The Centre is located in Kaduna, Nigeria. The 2020 lecture is the third in series.

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.

  • EMEKA NWADIOKE
  • Jun 17, 2020
  • 1.51k
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  • Comments Off on ODINKALU HAILS OGUNLANA’S DISQUALIFICATION, SET TO ENDORSE CANDIDATE

ODINKALU HAILS OGUNLANA’S DISQUALIFICATION, SET TO ENDORSE CANDIDATE

Leading human rights advocate, Prof. Chidi Odinkalu has plotted a roadmap for the incoming Nigerian Bar Association (NBA) leadership, saying there are three defining issues it must confront and resolve.

The former National Human Rights Commission (NHRC) Chairman also endorsed the disqualification of fiery NBA presidential aspirant and former Chairman of NBA Ikeja Branch, Mr. Adesina Ogunlana, urging him to face the hurdle of clearing his name in a financial embezzlement charge. Ogunlana has vowed to appeal his disqualification.

The full text of the statement is below:

The ECNBA has finally cleared the deck & the #NBADecides2020 campaign season is undeniably upon us.

I’m personally grateful that the ECNBA declined to present for the contest an aspirant who is presently undergoing prosecution on allegations of having misappropriated branch funds while he served as Chairman of his branch of the Bar. It would have been awful to do anything else. Obviously, that aspirant enjoys a presumption of innocence in accordance with law. While that persists, he will be well advised to focus on answering to those charges.

For reasons that are amply in the public domain, I have largely been on sabbatical from NBA affairs in the past two years. Events within & beyond Nigeria over that period – from Ethiopia to Kenya; Lesotho to Malawi & other places in which I have been personally involved – confirm me in the view, however, that an active Bar is an essential armour in a democracy.

#NBADecides2020 is an opportunity once more to attempt to give life to the NBA. The on-going campaigns are a window into what could happen thereafter.

I am taking an active interest in the campaigns because I intend to form an active view in the contests & to canvass for those I believe in.

These NBA elections matter life few in recent memory. We are at a generational inflection point institutionally, nationally & internationally. The president of the NBA who will be inaugurated in August 2020 will confront a pile-on of problems like none of his predecessors in recent memory. Young lawyers in particular, whose future is on the ballot in this contest have a duty to take sides & to do so actively.

All the cleared candidates have passed the threshold of Zoning. No one can claim to be more zonal than others who come from the same zone. The issue of zonal adoption must now be rested.

The issues do matter. In that respect, there are – for me – 3 defining issues:

#SkillsForAll: The #COVID19 pandemic has forced on our legal profession, an analogue-digital cross-over that had been begging for deployment. The needs unfurled by this imperative have no generational biases. There are very senior lawyers who can’t do SMS just as there are young lawyers who wonder what digital outsourcing means. The dichotomies between rural & urban branches have consequences in livelihoods & professional fulfilment. A leadership of NBA in 2020 must be willing & ambitious to invest in growing skills in our profession for the Post-COVID-19 world, without let or hinderance.

#NBAForAll : Our NBA is riven with all manner of debilitating, even antediluvian dichotomies that make no sense & make it easier for the rich & successful among us to capture the profession at the expense of the most, sometimes in ways that in themselves undermine value-for-money lawyering.

Every vocation deserves responsible seniors & elders. The dichotomies between Inner & Utter Bars, which should be a source of decent aspiration among desirous younger lawyers has become a free-for-all excuse in some cases for desperation.

Our female colleagues have a right to pursue the realisation of their fullest potentials without the patronising nonsense of being seen as “men in skirts”, a formulation that effectively calls them professional transvestites.

NBA deserves a leadership that can honour our past, be relevant to our present & have the capacity to prepare our younger lawyers for competition with Asian legal sweatshops of the immediate future. This means we need a Bar leadership with experience in building inter-generational institutions.

#NigeriaForAll : Over the past 2 years, while Nigeria has suffered, NBA has vegetated with our sights firmly fixed around our navel or below it. That is just not good enough.

Over the next decade & a half Nigeria will make a choice to prosper or perish. We will confront a unique mix of challenges like never before – fiscal insolvency, sclerotic or negative growth, demographic time-bomb, institutional melt-down, metastasis of nihilistic insecurity, energy exclusion, digital exclusion, hemispheric dissonance between north & south, & a sovereign crisis of demand of governance & supply of public goods.

The confluence of these issues will require deliberate & focused course-correction which only a centered leadership can evince. Absent that, our country will struggle to survive. If the country is imperilled, lawyers in the NBA can nary afford the pursuit of our vocation. An NBA of tribes & vibes will not be fit for purpose. A leadership for these times must see a country as bigger than the sum of its parts.

The defining issue will be Electoral Integrity . Any of the three cleared presidential candidates would be able to preside over a Bar. But this is not a season for an adequate leader. In 2020, a majority of our Bar should be willing to insist on an exceptional leader. NBA has struggled to survive two rigged national elections. It will not survive a third one. This ECNBA has a duty to ensure, like Caesar’s wife, that it is above reproach. It always easier to unite around a winner whose victory is above reproach.

These then are the issues around which we must find a leadership that can serve the NBA in these times. I am listening to the campaigns & consulting with my colleagues. I fully intend to take sides in #NBADecides2020 & will make my views public well before the vote because the issues have never been more urgent & being neutral – as Pontius Pilate taught us – is itself a position.

I remain City-Zen (Citizen) Chidi Anselm Odinkalu

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JUNE 12: ADEGBORUWA, FAGBOHUNLU, BALLASON HONOUR ODINKALU WITH HUMAN RIGHTS PARLEY

Leading human rights activists will on Friday hold a webinar in honour of foremost civil rights advocate and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu. The webinar is in commemoration of Odinkalu’s birthday anniversary.
Among those who are billed to speak at the webinar are fiery human rights activist, Mr. Ebun-Olu Adegboruwa (SAN); leading woman activist, Gloria Ballason; outspoken human rights campaigner, Mr. Inibehe Effiong; former Chairman, Nigerian Bar Association (NBA) Young Lawyers’ Forum, Mr. Issa Adedokun and Cynthia Mbamalu of the ‘Not too young to run’ fame.

With Mr. Babatunde Fagbohunlu SAN, Partner and Head of the Litigation, Arbitration and ADR Practice Group at Aluko & Oyebode as Chairman, the webinar has “The Future of Human Rights In Nigeria” as its theme.

With Mr. Orji Ama Chinedu as the arrow-head, Odinkalu said of the conveners: “A bunch of young people whom I have mentored are setting this up as annual event on 12 June. They had wanted to start in 2018 but I told them my mum was in terminal condition. Last year, I told them I was still in mourning. It begins next (this) week. Please feel free to join if you can.”

The webinar is scheduled to hold on Friday, June 12, 2020 at 11:00 am. Prospective participants can register at the following link: https://us02web.zoom.us/meeting/register/tZAuf-ypqDIjHtXjmd6dk-__2B3FSxxrhf5A. After registration, a confirmation email would be sent notifying the registrant on hot to join the conference.

Odinkalu is a Senior Team Manager at Open Society Foundations, a global charity that works with local communities to support justice and human rights, freedom of expression, and access to public health and education.

He received his PhD in law from the prestigious London School of Economics and Political Science. Prior to joining Open Society Foundations, Odinkalu was Senior Legal Officer responsible for Africa and Middle East at the International Centre for the Legal Protection of Human Rights in London; Human Rights Advisor to the United Nations Observer Mission in Sierra Leone, and Brandeis International Fellow at the Centre for Ethics, Justice and Public Life of the Brandeis University, Waltham, Massachusetts, USA.

Odinkalu has extensive networks across Africa built up over several years of working for human rights and social justice on the continent. He is associated with several non-governmental and academic institutions within and outside Africa. He is frequently called upon to advise multilateral and bilateral institutions on Africa-related policy, including the United Nations Economic Commission for Africa, the African Union, the Economic Community of West African States, and the World Economic Forum.
As well as acting as the Chair of IRRI’s Board, Odinkalu also serves on the Board of the Fund for Global Human Rights. In 2017 he was appointed Steering Committee Chairman of the Nigerian Bar Association (NBA) Section of Public Interest and Development Law (NBA-SPIDEL) by the NBA President, leading to the resuscitation of the comatose entity.

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Odinkalu Calls NBA Election a ‘Racket,’ Raps Mahmoud

Former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu has lampooned the recently concluded Nigerian Bar Association (NBA) National Officers Elections, saying it was a “racket.”

In a statement made available to CITY LAWYER, Odinkalu who is increasingly assuming the role of the ‘Conscience of the Bar,’ also berated NBA President, Mr. Abubakar Mahmoud SAN for the debacle, saying that “the  outgoing Bar leadership is incredibly tarnished by its role in this messy racket.”

Although Mr. Paul Usoro SAN was declared winner of the presidential election by the Prof. Auwalu Yadudu-led Electoral Committee of the NBA (ECNBA), both Chief Arthur Obi Okafor SAN and Prof. Ernest Ojukwu SAN who contested for the NBA Presidency also rejected the results, alleging that the election was marred by rigging among other vices.

The statement reads:

Concerning What AB Mahmoud & the NBA Have Done

Good morning colleagues.

It is unfortunate colleagues failed to heed the clear facts & evidence of a compromised process in #NBADecides2018. The contestants and their supporters mostly behaved desperate, conferring legitimacy on a process that manifestly lacked it from the get go.

Each campaign appeared to behave in such a way as to suggest they were best placed to benefit from a system configured for pre-determined outcomes.

This was not an election. It was not even a selection. It was a racket and a messed up one at that. Now, they will ask the NBA NEC to make this messed up racket their own & ratify it at the pre-conference NEC. That will be interesting.

This racket is a disgrace. The process was compromised and did not even pretend about it. The outcome lacks legitimacy and the declared winner has procured a compromised non-mandate.

Those who hope or expect that there will be an audit should come off that kind of hallucination – you don’t ask a burglar to investigate the burglary.

The outgoing Bar leadership is incredibly tarnished by its role in this messy racket. Yet, we are unlikely to learn. There are no plaudits to hand out, no congratulations to anyone and no one comes out of this a winner.

My name is Chidi Anselm Odinkalu. I am a City-Zen.

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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.

ELECTIONS: Odinkalu Carpets NBA Again

Foremost human rights activist, Prof. Anselm Odinkalu yesterday took a holistic look at the process leading to the election and scored it low. Describing the election as “worse than shambles,” the former Chairman of Nigeria’s National Human Rights Commission (NHRC) heaped the blame on the doorsteps of the NBA leadership. Continue Reading

VERIFICATION: Odinkalu Blasts NBA, Electoral C’te

Former National Human Rights Commission Chairman, Professor Chidi Odinkalu has lampooned the Nigerian Bar Association (NBA) and its electoral committee for the hiccups that have attended the verification exercise for this year’s National Officers election.

Below is the full statement as sent to CITY LAWYER:

Good morning colleagues,

I have lost count of the number of people who have tried to encourage me to persevere with the verification process for these NBA elections. They are mostly people whom I respect. So I have paid them heed.

As much as I have tried, I have been unsuccessful so far and this is day 3 of trying. I can’t even begin to compute the amount of time it has cost me. Nor the hours in time I should have been asleep.

With so many of us stuck in this, I want to ask honestly why are we as a bunch of professionals so tolerant of clear incompetence? What happened to our capacities – collective and individual – for indignation?

Surely NBA’s election is not an accident. We know when it is supposed to happen. Every tenure in the NBA has 2 years notice to prepare for it. Yet here we are, out of time, with an election platform that is clearly untested, flawed in design, unknown to the electorate, not understood by the ECNBA and absolutely unfit for purpose.

As voters, we should be angry. As professionals we should be ashamed. This exercise has turned into cruel and unusual punishment of the kind that is clearly prohibited by our national constitution. No election should justify or involve this amount of pointless loss in transaction cost.

The result is that much of the electorate will be disenfranchised. Any mandate that emerges from this would have questions in legitimacy. The assurances of the ECNBA about electoral creibility are hollow, empty and utterly devoid of credulity.

I would like the NBA to have a leadership transition. I am not sure it should be purchased at the steep cost to institution credibility that we seem willing to sleep-walk into. Something has to change and fast too. We don’t have time…

I am Chidi Anselm Odinkalu

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VERIFICATION: Odinkalu, Adegboruwa, Ubani, Candidates Shut Out

• Hiccups Mar Exercise
• Lawyers Seek Extension
• Fake Website Casts Pall on Process

The long-awaited verification exercise for the Nigerian Bar Association (NBA) National Officers Election got off to a faulty start last night with many lawyers yet to be verified as at press time. Investigations by CITY LAWYER indicated that many lawyers are having sundry challenges in an attempt to verify their details. Continue Reading

CHAMSGATE: The ABC of NBA’s Latest Election Rigging Scandal, By Odinkalu

Around July 28, 2018, eligible members of the Nigerian Bar Association (NBA) should vote to elect a new leadership for another two years in a ballot that has become mired in hydra-headed scandals, redolent of the kind of heavily rigged elections for which Nigeria is a global prize winner. Continue Reading