CLAMPDOWN: AUTO DEALERS TO SUE CUSTOMS

A group of automobile dealers in Lagos State has threatened to drag the Nigerian Customs Service to court over the sealing of their business premises.

In a letter to the Comptroller General of Nigeria Customs Service through the law firm of Ubani & Co, the group condemned the September 30, 2019 raid and sealing of their offices by customs operatives, saying that the action of the agency was “a demonstration of gross irresponsibility, unprecedented impunity and abuse of power.” They also noted that all the cars in their business premises were duly cleared and appropriate duties paid to the Federal Government.

The group in the letter which was also forward to the Senate President, Speaker of House of Representatives and Attorney General of the Federation, warned that if their business premises were not opened in the next 14 days with a compensation of N10 billion for businesses losses during the period of closure, they would have no other option than to approach the court for redress.

Part of the letter which also serves as a pre-action notice reads:

“We must state here with all sense of responsibility and patriotism that the action of Nigeria custom officers in this regard is a demonstration of gross irresponsibility, unprecedented impunity and abuse of power.

“Though the Nigerian Customs & Excise Management Act gives you the power to examine, mark, seal and take account of any goods …, in this case, you did not examine, mark, seal and take account of the particular vehicles identified as not being properly cleared, but rather sealed up the entire premises without any form of examination or inspection of papers.

” This very act of yours has no protection under the Act, but smacks of impunity, illegality and flagrant abuse of executive power.

“No law under our law books, including the Customs & Excise Management Act, empowers you to take the steps you have taken in the manner you have taken it.

“The action of the Nigerian Customs is not only lawless but very oppressive. The moment when Nigerian Government agencies elevate the pursuit of revenue above the right and welfare of the citizens, Nigeria is doomed, but God forbid that things degenerate to that level.

“Take notice therefore that you have 14 days from the day you receive this letter to unseal all our Client’s members’ business premises to enable them carry out their lawful businesses as Nigerian citizens.

“Take further notice that you have a period of 30 days from the date you receive this letter to pay a compensation of N10Billion to our Clients for the severe hardship, suffering, embarrassment, loss of business, physical, mental and psychological torture and trauma your arbitrary, lawless and inconsiderate action has caused our clients and their families failing which our Client shall be left with no other option than to seek redress through a competent court of law.”

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

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

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

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

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

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

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

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

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

CROSS RIVER: WHERE IS AGBA JALINGO? ASKS UBANI

In this piece, former Nigerian Bar Association (NBA) 2nd Vice President, Mr. Monday Ubani expresses worry over the alleged illegal arrest of Agba Jalingo

I have just been informed by Mrs Agba Jalingo that the Nigerian Police from Cross River State have arrested her husband, Mr Agba Jalingo for reasons that are not clear. Recall that Jalingo has been having a running battle with his State Governor, His Excellency Mr Ben Ayade. This stems from his criticisms of his inept leadership in Cross Rivers State, an act considered sacrilegious by the governor and his bootlickers.

The Commissioner of Police in Cross Rivers State is clearly on the side of the governor as he has not hidden his subservience to the governor and his desires which includes the arrest and public humiliation of Mr Agba Jalingo. This arrest may not be unconnected with that desire.

The surprise element in all this is that the same Police have invited him to come on the 26th August, next Monday and he has promised to honour their invitation. One is at a loss why the arrest on 22nd August, four days earlier than the day of the invitation.

I just hope that this arrest is not from Cross River State Governor as this will be clearly illegal and condemnable. Nigerians will survive this season of intimidation and harassment. Right Activists, Human Rights lawyers and Civil Society should condemn this. We are not under military regime for God’s sake!

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use

My ordeal with EFCC, by Ubani

Former Nigerian Bar Association (NBA) Second Vice President, Mr. Monday Ubani has shed more light on his face-off with the Economic and Financial Crimes Commission (EFCC).

According to Ubani, circumstances conspired to foist a state of helplessness on him, moreso as he personally persuaded his client and former National Insurance Trust Fund Chairman, Mrs. Ngozi Olejeme to return to Nigeria to face her charge.

His words:

Friends, thanks. It is not as if I was careless. See reasons for my action which now looks as if I was sentimental:

  1. I brought the said woman back with all her family members from South Africa to come and respond to her allegations.
  2. She had multiple operations prior to her coming and requested that her medical condition will not permit of any detention.
  3. Despite that fact, she was detained for 14 days in a hospital before release.
  4. Her health was deteriorating during that detention and pressure was mounted on me the lawyer to get her out on bail.
  5. She presented qualified sureties in accordance with the bail condition of EFCC but was rejected by them.
  6. They insisted on senior citizens and important personalities to stand.
  7. EFCC said that they won’t mind if I stand for her since I was the person that brought her back.
  8. The time for this discussion was 10 pm.
  9. The said woman had not taken her bath for the 14 days she was in detention due to her health condition.
  10. It would have amounted to a betrayal to her and a dent to my own integrity towards a woman I brought back to reject to stand for her when that window of opportunity was thrown open that my suretyship will suffice.
    11 Think what you will do if you were in my shoe.
    12 It is easy to criticize when you are not the one involved or if you do not have the full facts or know the full circumstances.
    She was later chased away for another matter that has nothing to do with the matter she came for. They invaded her home with several policemen and searched her house for over 3hrs. She was really scared and slipped away from her house when they left her to go for another matter. Since that day she ceased communication with me. I still went after her by getting INTERPOL to place her on Red Alert which was what I went to report at EFCC and was asked to be locked up for 24 days. IT SHALL END IN PRAISE! The experience while in there was a tremendous BLESSING FOR ME. THANKS FOR STANDING FOR ME AND WITH ME SIRS AND SISTERS. MOU.

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.

NBA, EBF, Igbo Lawyers Ask EFCC to Release Ubani


The Economic and Financial Crimes Commission (EFCC) has come under a flurry of attacks as the Nigerian Bar Association (NBA) and other groups of lawyers demanded immediate release of former NBA 2nd Vice President, Mr. Monday Ubani.

An ardent social critic, Ubani has been in EFCC custody for about three weeks for allegedly standing surety for his client and former Nigeria Social Insurance Trust Fund (NSITF) chief executive, Dr. (Mrs.) Ngozi Olejeme.

In a statement signed by its National Publicity Secretary, Mr. Kunle Edun, NBA described Ubani’s continued detention notwithstanding a court order for his release as “a gross violation of his constitutional rights to personal liberty. “

Noting that “Democracy thrives only where there is a culture of respect for rule of law and due process by all persons,” the lawyers’ body said: “The Nigerian Bar Association, therefore, demands that the EFCC immediately complies with the subsisting order of the Federal High Court by releasing Monday Ubani or charge him to court, if there is any reasonable cause to so do.”

In a similar vein, Otu Oka Iwu (Law Society), the umbrella body of Igbo lawyers noted that “It is a matter of deep concern and national embarrassment that the EFCC has chosen to brazenly disobey this order of the court.”

In a statement by its President, Chief Chuks Ikokwu, the influential body of Igbo lawyers said: “It is more worrisome that Mr. Ubani, an ardent critic, activist and social crusader, was asked to personally take his client on bail by Mr. Magu, the EFCC having rejected top civil servants it earlier demanded. Was this a ploy to silence the former NBA chieftain and unrelenting social critic?”

On its part, the Eastern Bar Forum (EBF) also chided the EFCC for its continued detention of the former NBA chieftain. In a statement signed by its Pulicity Secretary, Mr. George Fortune Igbikikuno, the EBF stated that “Nigeria is in a constitutional democracy where respect for rule of law reigns supreme,” adding: “The EBF seriously deprecates the EFCC’s disobedience to court order and urges it to do the needful.”

Below are the statements:


NBA CONDEMNS THE UNLAWFUL DETENTION OF MONDAY UBANI BY EFCC AND DEMANDS FOR HIS IMMEDIATE RELEASE

The attention of the President of the Nigerian Bar Association, Paul Usoro, SAN has been drawn to an order of Honorable Justice Sylvanus Oriji of the Federal High Court wherein His Lordship, on March 26, 2019 granted an ex-parte motion filed by Chief Mike Ozekhome, SAN directing the Economic and Financial Crimes Commission to charge, Monday Ubani, a former 3rd Vice President of the Nigerian Bar Association (NBA) and his co-applicant to court on or before Friday, 28/3/2019.

The court in the alternative, ordered that

“If the Applicants are not charged to court on or before 28/3/2019, EFCC is directed to release them on bail”

It has been 3 days after the order of the court was made and the EFCC, has characteristically shown daring disobedience to the orders of the court by refusing to release Monday Ubani on bail or charge him to court before the 28/3/201.

By the provisions of Section 1(1) of the Constitution of the Federal Republic of Nigeria, the provisions of the Constitution of the Federal Republic of Nigeria is supreme and binding on all persons and institutions in Nigeria.

By the further provisions of Section 35 (4) of the 1999 Constitution “ Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.”

Mr. Monday Ubani still remains in the unlawful custody of the EFCC for more than three weeks, which is a gross violation of his constitutional rights to personal liberty.

Democracy thrives only where there is a culture of respect for rule of law and due process by all persons. The EFCC, being a product of law, must also be subject to the laws of the Federal Republic of Nigeria, and therefore, cannot be above the law. The agency’s penchant for disobedience to orders of court is an ominous threat to rule of law and impacts negatively on Nigeria’s investment environment.

The Nigerian Bar Association, therefore, demands that the EFCC immediately complies with the subsisting order of the Federal High Court by releasing Monday Ubani or charge him to court, if there is any reasonable cause to so do.

The Nigerian Bar Association also urges the President of the Federal Republic of Nigeria, Muhammadu Buhari to closely monitor the activities of security agencies, like EFCC and DSS, and ensure that they obey the fundamental rights of Nigerians and respect the Constitution of the Federal Republic of Nigeria in the performance of their functions.

Kunle Edun
National Publicity Secretary, NBA.

OBEY COURT ORDER, RELEASE UBANI NOW – IGBO LAWYERS TELL EFCC


The Otu Oka Iwu (Law Society) has watched with dismay the flagrant disregard of a valid and subsisting court order and the 1999 Constitution by the Economic and Financial Crimes Commission (EFCC) led by its Acting Chairman, Mr. Ibrahim Magu.

It is recalled that Justice Sylvanus Oriji of the Federal High Court had in a ruling on March 26, 2019 granted an ex-parte motion filed by Chief Mike Ozekhome SAN directing the EFCC to charge former Nigerian Bar Association (NBA) Vice President, Mr. Monday Ubani and his co-applicant to court “on or before Friday, 28/3/2019.”

The court in the alternative ordered that “If the Applicants are not charged to court on or before 28/3/2019, EFCC is directed to release them on bail” upon fulfillment of some listed conditions.

It is a matter of deep concern and national embarrassment that the EFCC has chosen to brazenly disobey this order of the court. It has neither charged the former NBA Vice President to court nor granted him any administrative bail.

Aside from the EFCC and its leadership being in clear breach of the extant order of the Federal High Court, the continued detention of Mr. Ubani also violates Section 35 (4) of the 1999 Constitution which provides that “Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.” The maximum detention period is 48 hours, except extended by a competent court. Mr. Ubani has been in EFCC custody for about three weeks.

It also violates the detainees’ right to dignity of human persons, right to personal liberty, and right to freedom of movement as set out in sections 34, 35 and 41 respectively of the 1999 Constitution.

This culture of impunity as consistently exhibited by EFCC and its leadership continues to ridicule Nigeria in the comity of nations and sabotage efforts at attracting foreign direct investment. Investors only go to jurisdictions where the rule of law and respect for human rights are guaranteed while shunning countries where ‘rule of men’ predominate.

It is even more worrisome that this blatant disobedience of a valid court order by the Magu-led EFCC is coming on the heels of serial disobedience of court orders by the Federal Government directing the release from custody of former National Security Adviser, retired Col. Sambo Dasuki and leader of Shi’a Islamic Movement in Nigeria, Ibrahim El-Zakzaky and his wife. Is Mr. Magu merely taking a cue from the Federal Government?

We note that by the continued disobedience of the order of Federal High Court, Mr. Magu and the EFCC have displayed utter contempt for our courts and the country’s judicial system. It is ironic that these are the same courts the EFCC routinely runs to for orders which they zealously implement in the discharge of their mandate under the EFCC Act. It is not for EFCC and its leadership to pick and choose which court orders to obey or disregard. That is an invitation to anarchy. What is more, he who comes to equity must come with clean hands.

It is further recalled that the courts have severally cited the EFCC and its chairman for contempt, even as stiff damages have been awarded against the commission, thereby dissipating scarce public resources.

It is more worrisome that Mr. Ubani, an ardent critic, activist and social crusader, was asked to personally take his client on bail by Mr. Magu, the EFCC having rejected top civil servants it earlier demanded. Was this a ploy to silence the former NBA chieftain and unrelenting social critic?

Also, the fact that EFCC is apparently complicit in the alleged disappearance of Mr. Ubani’s client further questions the modus operandi and institutional integrity of the anti-graft agency. This follows Mr. Ubani’s posers thus: “Why will EFCC from another unit (Enugu) invade the home of a suspect (Dr. Mrs. Olejeme) who is on bail with them, more so when the matter they came for is purely a civil matter which was already in court? Why the long wait to charge a woman whom EFCC declared wanted since last year and who came back in December and was granted bail early January and up to now, no charge? Was this issue of rejecting valid sureties and insisting that I should be the one to stand for her a ploy to embarrass me for bringing the woman back from abroad to respond to her charges? Why am I being asked to produce her when it is the same EFCC that invaded her home when she was under bail? It is pertinent to point out that later in the day, the investigating officer in Abuja confirmed that the EFCC officials who came from Enugu got permission from the Acting Chairman (Magu) to come and arrest Dr. Olejeme. These and many other questions demand answers!”

We demand immediate release of Mr. Ubani and his co-applicant in line with the subsisting order of the Federal High Court.

Further, we demand a high-powered judicial enquiry into the allegations of complicity and dereliction of duty leveled against the EFCC and its leadership. The time to sanitize EFCC and rid it of corruption is now! Enough is enough!

We urge the Federal Government to take immediate steps to ensure that EFCC does not derail its avowed commitment to the rule of law and respect for fundamental rights of citizens. This has become more pressing given the presence of many senior lawyers including Vice President Yemi Osinbajo SAN in the Buhari Administration.

The EFCC’s Gestapo-style regime of holding citizens for weeks and months without trial and at times without valid court orders must stop. Nigeria is not a banana republic. Attempts by institutions of state to ridicule the country and make it seem like a lawless fiefdom must be resisted by all citizens and the international community.

Signed
Chief Chuks Ikokwu
President
Otu Oka Iwu (Law Society)
01/04/2019

RELEASE MONDAY ONYEKACHI UBANI, ESQ AND HONOURABLE CHRISTOPHER ENAI ON BAIL!!!

The Governing Council and distinguished learned members of the Eastern Bar Forum ably led by Chief Arthur Elvis Chukwu, Esq., ACIArb., KSJI., hereby lend its voice and support to the order of the High Court of the Federal Capital Territory Abuja that the Economic and Financial Crimes Commission that is currently keeping in its custody Monday Onyekachi UBANI, Esq and Honourable Christopher Enai since 19/03/2019, bring them before a court of law charged with the offences they are alleged to have committed or release them on bail as already ordered by the court. Nigeria is in a constitutional democracy where respect for rule of law reigns supreme. The EBF seriously deprecates the EFCC’s disobedience to court order and urges it to do the needful.

George Fortune Igbikikuno Esq., Publicity Secretary, EBF.

Send your Press Release, Events, News Tips, Opinions or Informed Commentary to citylawyermag@gmail.com
Follow us on facebook at City-Lawyer-Magazine

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.

OYEBODE, ABIRU TO STORM 15TH GANI FAWEHINMI ANNUAL LECTURE

Renowned professor of jurisprudence and international law, Prof. Akin Oyebode will on Tuesday, January 15, 2019 deliver the keynote address at the 15th Gani Fawehinmi Annual Lecture. Continue Reading

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