NBA-SLP PARLEY ON DIGITAL RIGHTS AND DATA PROTECTION HOLDS TODAY

The Law and Individual Rights Sub-committee of the Nigerian Bar Assocaition Section on Legal Practice (NBA-SLP) chaired by Mr. Steve Adehi, SAN, FCIArb will today hold a webinar on digital rights and data protection.

According to details made available to CITY LAWYER, the theme of the webinar is “Digital Rights and Data Protection: The Roles and Opportunities for Lawyers.” Time is 10 am to 11 am.

To participate, click here to register.

The NBA-SLP was established at the Annual General Conference (AGC) of the Nigerian Bar Association held in Enugu in 2003. The NBA-SLP Council was appointed at the NBA National Executive Committee (NEC) meeting held in Ilorin, Kwara State in July 2004.

The Section is structured to assist members of the legal profession develop and improve their legal services to the public. Core objectives of the Section include: To promote the exchange of information and views among individual members of the Section and other like-minded bodies as to the laws, practices and procedures affecting the Section locally and internationally; To assist members to develop and improve their legal services to the public; To undertake such related activities as may be approved by the Section’s council from time to time, and to promote and provide Continuing Legal Education.

Restating the mandate of the Section, its Chairman, Chief Ferdinand Orbih SAN said: “Your Section is arguably the largest section of the Nigerian Bar Association in scope and relevance in legal practice. As we transit generations, we intend to expand, and build the next generation of lawyers in the right conduct, depth and versatility.

“We fully intend to expand our work with the creation of new committees, particularly in emerging practice areas. Registered members can get involved in the work of the SLP by engaging with chairmen and the committees of the SLP.”

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BOMA ALABI, ANOTHER LPDC MEMBER RESIGNS

Another member of the troubled Legal Practitioners Disciplinary Committee (LPDC) has resigned, CITY LAWYER can authoritatively report.

In a resignation letter obtained by CITY LAWYER and dated March 29, 2022, Boma Ayomide Alabi SAN stated that she has resigned from the LPDC “effective immediately.”

Alabi said that she was “utterly dismayed” by the outcome of the November 22, 2021 meeting of the Body of Benchers where the body directed that the LPDC “suspends sitting” while a petition to the body was being “investigated.”

Saying that she awaited the outcome of the investigation initiated by the Body of Benchers, Alabi noted that a report was circulated at the last meeting of the body titled, “Report of the meeting of the Elders Committee held on the 25th of January 2022.”

Her words: “After some debate, the recommendations contained therein appear to have been adopted in totality, much to my consternation.”

She noted that the report recommended that “The matter before the LPDC should be terminated on the ground that no prima facie case has been made. If the complainant feels strongly about his claims, he should go to a formal court and pursue him (sic) claims.”

The former LPDC member stated that she “made enquiries with the LPDC Registry and confirmed that the Elders Committee did not request the case file in question from the Registry, neither did the Secretariat of this august Body.” Querying the mode of investigation done by the Body of Benchers, Alabi said: “It begs the question – does this mean that the Elders Committee, acting in an overtly appellate capacity in reviewing and rejecting the finding of a prima facie case by the LPDC, as set out in paragraph 5.3 of their report and quoted above, did so, without the benefit of a review of the casefile?”

Noting that the Elders Committee may have held that Section 12(7) of the Legal Practitioners Act (LPA) did not apply to the case it investigated, Alabi said: “I humbly and respectfully beg to dissent from the wisdom of the Elders on this occasion. Section 12(7) of the LPA provides, quite unambiguously, that appeals in respect of decisions of the LPDC can only be entertained by the Supreme Court.”

Alabi stated that the decision of the Body has compelled her to resign her position as LPDC member. The letter was addressed the “The Body of Benchers” and “Attention” to the chairman of the body, past chairmen, Life Benchers and Benchers.

It is recalled that CITY LAWYER had exclusively reported the resignation of Chief Ferdinand Orbih SAN as an LPDC member. This came on the heels of the resignation of the LPDC Chairman, Mr. Emmanuel Ukala SAN.

Other members of the committee are Daniel M. Tela (Secretary); Justice M. B. Dongban-Mensem; Ahmed Mustapha Goniri, Esq., Eyitayo Jegede, SAN; Ebenezer Obeya, Esq.; Justice Marshal Umokoro, Chief Judge of Delta State; Justice Hussein Mukhtar, Presiding Justice, Court of Appeal, Kaduna; Justice Rabi Umar, Chief Judge, Bauchi State; Uju Nwogu, Hon. Attorney General, Anambra State; Suleiman Usman, SAN, Hon. Attorney General, Sokoto State, and H. A. Turaki.

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SCANDAL ROCKS LPDC AS ANOTHER MEMBER QUITS

More crisis has rocked the embattled Legal Practitioners Disciplinary Committee (LPDC), an organ of the Body of Benchers, as another ranking member, Chief Ferdinand Orbih SAN has resigned from the august body.

In a resignation letter obtained by CITY LAWYER, Orbih stated that “My resignation stems from the events that took place at the meeting of the Body of Benchers on the 22nd November 2021, wherein, the Honourable Body assumed jurisdiction over the Petition of Lucius E. Nwosu SAN. Lucius Nwosu SAN in his Petition complained about the finding of the LPDC that a prima facie case had been made against him.”

CITY LAWYER recalls that the LPDC Chairman, Mr. Emmanuel Ukala SAN had sensationally resigned as Chairman of the LPDC, citing the same reason for his action.

Continuing, Orbih, the fiery Chairman of the Nigerian Bar Association Section on Legal Practice (NBA-SLP), said: “It is my humble view that by assuming jurisdiction over the said Petition, the Body of Benchers was in clear breach of Section 12 (7) of the Legal Practitioners Act, which provides that appeals in respect of decisions of the LPDC, can only be entertained by the Supreme Court of Nigeria. Clearly, that section did not vest on the Body of Benchers, the power to seat as an appellate body over decisions of the LPDC.”

According to the respected senior lawyer, “The lawmaker gave the LPDC a great measure of independence because of the vital role it plays to ensure that the highest form of discipline is maintained amongst Legal Practitioners in Nigeria. That independence is obliterated when the Honourable Body brings the LPDC under its control and direction in clear violation of due process.”

“In the above circumstances, my continued membership of the LPDC has become untenable, as I can no longer in good conscience serve in that committee.

“I am therefore left with no other option, than to resign my membership of the LPDC. I am grateful to the Honourable Body of Benchers for the opportunity given to me, to be of service to the legal profession.”

Titled “NOTICE OF RESIGNATION AS MEMBER OF LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE” and addressed to the Secretary of the Body of Benchers, the letter was copied to the Chairman of the Body of Benchers, past Chairmen, Life Benchers and Honourable Benchers. Dated February 24, 2022 the resignation also became effective from yesterday.

It remains to be seen how this gale of resignations will affect the operations of the troubled Committee.

 

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RPC: COURT FIXES MARCH 24 FOR NBA/MALAMI SUIT

The Attorney General of the Federation, Mr. Abubakar Malami SAN and the Nigerian Bar Association (NBA) will go head-to-head on March 24, 2022 at the Abuja Division of the Federal High Court in the legal tussle on the controversial amendment of the Rules of Professional Conduct for Legal Practitioners (RPC), CITY LAWYER can exclusively report.

This follows the assignment of the case filed by the NBA against Malami to Justice Donatus Okorowo of the Federal High Court.

According to a document obtained by CITY LAWYER, the case, INCORPORATED TRUSTEES OF THE NBA VS ATTORNEY GENERAL OF THE FEDERATION has also been assigned Suit Number FHC/ABJ/CS/77/2022.

It is recalled that fiery NBA-SLP Chairman, Chief Ferdinand Orbih SAN had in an exclusive interview last December told CITY LAWYER that NBA would sue Malami unless he formally reversed amendment of the RPC.

Giving further insight into the matter, Orbih said: “The Section on Legal Practice under my leadership was mandated by the National President of the NBA to drive the process. Upon receipt of the mandate I (in my capacity as the Chairman of the SLP) constituted the Legal team led by S. I. Ameh, SAN to commence the action.”

Other members of the four-member legal team are Messrs Elisha Kurah SAN, Mba Ekpezu Ukweni SAN and immediate past NBA-SLP Chairman, Oluseun Abimbola SAN.

Orbih told CITY LAWYER that “The Attorney-General of the Federation was on television to disclaim the controversial Rules of Professional Conduct.

“However, we are aware that the RPC has been gazetted under his name. We have therefore informed the Honourable Attorney-General that a viva voce disclaimer of the RPC will not suffice in the circumstances.

“The NBA Legal Committee has decided to engage the AGF and afford him an opportunity to issue a proper disclaimer through a written instrument published in the gazette. We expect this to be done by next week.

“If at the end of the day this is not done, we will have no option than to carry out the mandate of the NBA to litigate the matter. Let me assure that this will not take long any more, as we have been on this matter for almost two years.”

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RPC: ‘WE WILL SUE MALAMI IF BY NEXT WEEK ….,’ SAYS NBA

The Nigerian Bar Association Section on Legal Practice (NBA-SLP) has said that it would sue the Attorney-General and Minister of Justice, Mr. Abubakar Malami SAN if by next week he has not formally reversed the controversial amendment of the Rules of Professional Conduct for Legal Practitioners 2007.

This position was confirmed to CITY LAWYER by the Chairman of the section, Chief Ferdinand Orbih SAN who noted that its legal team is engaging Malami to resolve the impasse.

SLP’s immediate past Chairman, Mr. Oluseun Abimbola SAN also told CITY LAWYER that a lot of meetings were held during his tenure regarding the matter, adding that the new leadership is progressing the matter.

Orbih said that while Malami had denied authorship of the controversial RPC, SLP has demanded a formal retraction to be published in the federal gazette to stave off litigation on the matter.

His words: “The Attorney-General of the Federation was on television to disclaim the controversial Rules of Professional Conduct.

“However, we are aware that the RPC has been gazetted under his name. We have therefore informed the Honourable Attorney-General that a viva voce disclaimer of the RPC will not suffice in the circumstances.

“The NBA Legal Committee has decided to engage the AGF and afford him an opportunity to issue a proper disclaimer through a written instrument published in the gazette. We expect this to be done by next week.

“If at the end of the day this is not done, we will have no option than to carry out the mandate of the NBA to litigate the matter. Let me assure that this will not take long any more, as we have been on this matter for almost two years.”

CITY LAWYER had reported that Malami told a key justice sector stakeholder that the entire RPC saga was orchestrated by a director in his ministry, adding that a disciplinary panel had been set up to investigate the matter.

The NBA National Executive Committee had in a communiqué following its latest meeting in Abeokuta “expressed deep concern” at Malami’s disclaimer during the television interview, adding that “the statement of the AGF is rather curious considering that the purported amendment, which bears his signature, is contained in a Federal Gazzette which has been in circulation and in the public domain for over one year.”

The NBA Legal team is led by leading litigator, Mr. Sunday Ameh SAN. CITY LAWYER recalls that Ameh had mid last year written to the Inspector General of Police on behalf of Malami, urging the police chief to arrest SaharaReporters Publisher, Omoyele Sowore, over the newspaper’s reports exposing Malami’s alleged corruption-fuelled lifestyle.

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