EXCLUSIVE: ‘WHY NEW NBA BRANCHES HAVEN’T TAKEN OFF,’ BY AKPATA

Immediate past Nigerian Bar Assocaition (NBA) President, Mr. Olumide Akpata has declared that the three new branches created by the NBA National Executive Council last June could not take off due to technical issues.

Akpata told CITY LAWYER in an exclusive interview that the branches were approved “in-principle” by NBA-NEC and subject to the creation of judicial divisions in the domains by the Judiciary.

He stated that the new branches could not take off until incumbent NBA President, Mr. Yakubu Maikyau SAN issues a directive to that effect.

According to the erstwhile NBA helmsman, “NEC approved the new branches subject to the creation of judicial divisions in those areas. The Chief Judge of the High Court of the Federal Capital Territory (FCT) has delivered on his commitment in that regard. We are now waiting for the Chief Judge of Lagos State to fulfill his commitment, too.”

CITY LAWYER recalls that former NBA President, Mr. Paul Usoro SAN had on September 9, 2018 launched the Nyanya Judicial Division of the court, paving way for the take-off of the NBA Nyanya/Karu Branch. However, the new “branch” or Nyanya/karu Lawyers Forum has been embroiled in a leadership tussle between two factions.

Five members of the forum had dragged its factional Chairman, Mr. Austine Ibolo to Chief Magistrate Court Karu following a Direct Criminal Complaint application, accusing him of criminal Misappropriation contrary to Section 308 of the Penal Code. The application was signed by Mr. Festus Osimhen and brought pursuant to Section 110(1)C, 88(1) and 89(3) of the Administration of Criminal Justice Act 2015. It was unclear whether Ibolo was eventually arraigned following the complaint.

The members had also accused Ibolo of being a ‘sit-tight leader, adding that while he was elected as Chairman of the forum for 2019-2021 election cycle, he has refused to leave office, claiming that the tenure of NBA chairmen ends in September.

CITY LAWYER gathered that the fierce fire-fight between the factions may have discouraged Akpata from issuing the all-important letter to convoke the new branch.

It was also gathered that it was on the strength of the firm commitments by the respective chief judges to create the relevant judicial divisions that Akpata canvassed establishment of the new branches by NBA-NEC.

The Chief Judge of the High Court of FCT has now created the Garki Judicial Division of the court which is to be unveiled on October 6, 2022, paving the way for the take-off of NBA Garki Branch.

All eyes are now on the Lagos State Chief Judge, Justice Kazeem Alogba to also fulfill his commitment to create the Yaba/Surulere Judicial Division to enable take-off of the new NBA Surulere Branch. This will set the stage for NBA President to issue a directive for the inauguration of the branches.

It is recalled that the National Executive Council had during its quarterly meeting in Ilorin approved a split of the erstwhile NBA Abuja Branch or Unity Bar into two as well as the creation of a new branch in Surulere. While Abuja Branch was retained, two additional branches were created. Aside from Abuja, Bwari and Gwagwalada branches, the new ‘branches’ are Nyanya/Karu Branch and Garki Branch.

Speaking on the rationale for the creation of the branches, Akpata had said: “Two more branches were created in addition to Abuja, Bwari and Gwagwalada. The main faction of the old Abuja Branch was retained, as Abuja Branch. The second faction is now Garki, and a third was created to give an NBA forum in Nyanya the status of a Branch.”

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USORO, ETOMI, IKWUAZOM, YAHYA MAKE NBA C’TES LIST

The President of the Nigerian Bar Association (NBA), Mr. Yakubu Maikyau SAN has constituted some committees to tackle issues ranging from electoral reform and law firm mentorship to lawyers’ employment and remuneration.

A statement made available to CITY LAWYER indicated that the setting up of the committees is in fulfillment Maikyau’s promise “to improve and effectively reform the NBA’s electoral process and to prioritize the welfare and professional development of members of the NBA.”

Below is the full text of the statement.

CONSTITUTION OF COMMITTEES

Distinguished Colleagues,

In fulfillment of the promise of the NBA President, Mr. Yakubu Chonoko Maikyau, SAN in his Inaugural Address to improve and effectively reform the NBA’s electoral process and to prioritize the welfare and professional development of members of the NBA, the President has constituted four committees comprising distinguished members of the legal profession. The Committees are:

1. NBA Electoral Reform Committee – which has a mandate to drive effective and lasting reforms in the NBA electoral process and to eliminate the rigours and unsustainable practices that have come to define our electioneering campaigns;

2. NBA Law Firm and Institutional Mentorship Committee – which is set up to design mentorship programmes that will aid the professional development of members of the profession, between 1 to 7 years post-call;

3. NBA Employment Bureau (or the NBA Employment Committee) – this Committee is constituted to lead the charge in interfacing with governmental and private establishments for the purpose of securing job placements for our members; and

4. NBA Remuneration Committee – this Committee is established to drive the implementation of NBA Remuneration (White paper) Committee as accepted by the National Executive Council in its meeting of 9th June, 2022 held in Ilorin, Kwara State.

The names of members of these four committees and the committees’ terms of reference are attached to this notice. These appointments are subject to ratification by the National Executive Council (NEC), however, the Committees are expected to immediately commence work.

The Nigerian Bar Association thanks these distinguished members for accepting to serve on these Committees.

Thank you and do have a great weekend.

Akorede Habeeb Lawal
National Publicity Secretary, NBA

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N1.4BN FRAUD CHARGE: COURTS ACQUITS USORO

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

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

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

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

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

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

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

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

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

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

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

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

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

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NBA IKEJA ELECTION: UBANI QUITS, BLASTS CARETAKER C’TE

BY EMEKA NWADIOKE

Former Nigerian Bar Association (NBA) Second Vice President, Mr. Monday Ubani has resigned his position as a member of the NBA Ikeja Branch Caretaker Committee mandated to conduct election for the branch.

In a letter made available to CITY LAWYER, Ubani cited lack of obedience to NBA Bye-Law on elections as his major reason to throw in the towel, saying the conduct is an affront on his values.

His words: “Hypocrisy of this magnitude is a lethal sin. My nature abhors it. I hereby resign my membership of the Caretaker Committee of NBA Ikeja of 2020 to avoid being part of the persons that will engineer an unnecessary crisis in my beloved Branch. Already I am aware of some members’ plans to drag the Branch into another round of crisis. It is unnecessary.  I had better walk away!”

It is recalled that the immediate past NBA President, Mr. Paul Usoro SAN had dissolved the branch Election Committee following a joint petition by AWLA President and 6 others on the constitution of the Committee.

Usoro appointed a three-man Caretaker Committee to midwife the branch elections. Aside from Ubani, other members of the committee are Messrs Olabisi Ade-ademuwagun and Adebamigbe Omole.

LETTER OF RESIGNATION FROM THE CARETAKER COMMITTEE OF NBA IKEJA.

It is with regret that I tender my letter of resignation from the Caretaker Committee of NBA Ikeja. The main reason for resignation is to avoid my name which I have built over the years to be dragged into the mud by anybody from the branch.

What makes my resignation imperative is the brazen stance of some members of the branch  to go against the National Body despite clear letters written by both the outgone and present National Exco that the Caretaker Committee should toe the line of legality in the conduct of our forthcoming election by adhering to the Resolution of NEC of NBA in Jos  and Benin both in 2016.

The major problem is with Article 6(3) of the 2015 Uniform Bye Law which bars a candidate from contesting for a new office if he or she has not spent the requisite number of years after occupying executive position twice at the Branch or at National office. At the branch level you are required to stay off for five years, while at the national level you are required to stay off for ten years.

The said article 6(3) was resolved at Jos NEC in 2016 to have retrospective effect and reiterated or reaffirmed in Benin NEC of same 2016. It is on record that I was the only person that raised a voice against the retrospective effect of that Article in Jos NEC of 2016 and was overruled.

Since then, the interpretation has been used to disqualify any candidate who has held two executive positions without allowing the requisite number of years to exhaust before seeking for a further office all over the branches and at the national level.

Part of the Caretaker Committee’s mandate is to conduct an election for the Branch for the year 2020. Having cleared and published the voters list, the next task was to clear the contestants. However we had a petition written against one of the candidates seeking for the chairmanship position alleging that he has held two executive positions at the Branch level and has not exhausted the requisite five years before seeking for the new office.

Our findings supported the allegation and to avoid being accused of bias the Committee sought clarifications from both the outgone and present national Secretariat and they in their various letters dated 5th of August, 2020 and 14th of September, 2020 reiterated the fact that Article 6(3) of the Uniform Bye-law be  applied retrospectively and advised the the Committee should not depart from the said application moreso since the interpretation as adopted in JOS NEC has not been reversed in any subsequent NEC, AGM or by the court.

The Committee of the branch met few days ago and on a sad note decided to proceed with the said election by clearing every person including the candidate that was caught up with Article 6(3) of the Uniform Bye Law of 2015  despite the clear clarifications of the National Body that set us up in the first place. I vehemently dissented with this view and insisted that the new National Exco be written seeking clarification to the said Article if we were still in doubt as to the interpretation of that section of the law.

The Committee had to retrace the wrong step they had earlier on taken by complying with the interpretation of the contentious section   after they got a response from the present Secretariat reitering the fact that we should abide with NEC Resolution of Jos 2016.

 The Committee thereby disqualified one of the Candidates who is contesting for the chairmanship position because he has held offices for two times and have not stayed off from contesting from five years as required by the said Bye Law.

The position of the law is that the said candidate stands disqualified from contesting the 2020 NBA Election. That is the status quo ante properly interpreted.

It is regrettably though, that I have to resign the membership of the committee that refused to do the right thing in the first place.  Such behaviour is not in tandem with what I believe and stand for in the NBA. It is improper to undermine the integrity and strength of our national body through our actions at the Branch level whereas everyone in our inner-most heart, desires a very strong and united bar. Hypocrisy of this magnitude is a lethal sin. My nature abhors it. I hereby resign my membership of the Caretaker Committee of NBA Ikeja of 2020 to avoid being part of the persons that will engineer an unnecessary crisis in my beloved Branch. Already I am aware of some members’ plans to drag the Branch into another round of crisis. It is unnecessary.  I had better walk away!

God bless NBA!

Monday O. Ubani (MOU) Esq,
Former Chairman of NBA Ikeja and former 2nd VP of NBA.

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.

NBA TRUSTEES TO HEAR ADESINA’S ELECTION PETITION TODAY

EMEKA NWADIOKE

There are strong indications that the Nigerian Bar Association (NBA) Board of Trustees (BOT) will today begin hearing in the petition filed by Mr. Dele Adesina SAN against the declaration of Mr. Olumide Akpata as winner of the recent NBA National Officers Elections.

It is expected that the Electoral Committee of the Nigerian Bar Association (ECNBA) will appear before the panel to present its case against Adesina’s petition. A member of the committee told CITY LAWYER at the weekend that the board was scheduled to sit on the petition today, saying: “BOT is meeting on Monday. We are expected to formally adopt our response before them.”

It is recalled that Adesina had petitioned the electoral committee alleging irregularities and demanding a cancellation of the poll. In a letter to ECNBA Chairman dated 30th July, 2020 and personally signed by him, Adesina stated that the voters’ list “contained grave errors of omission and commission,” listing some of the errors as:

  1. Names of purported Lawyers without Branches ascribed to them from Serial Number 25171 to 29635;
  2. Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;
  3. Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
  4. Deletion of Names of Members removed from the Final List;
  1. Many Members names found their way to Branches other than their own Branch.

He however queried why it was NBA President, Mr. Paul Usoro SAN that responded to his complaint as against the committee. He then petitioned the trustees.

In a petition dated 2nd August, 2020 and addressed to BOT Chairman, Dr. Olisa Agbakoba SAN, Adesina stated that he “had the privilege of joining others to build the NBA before some of the god-fathers who are plunging the NBA into avoidable crisis today ever became involved in the affairs of the Association.”

Other members of the BOT are former NBA Presidents Joseph Bodunrin Daudu (SAN) and Augustine Alegeh (SAN), a former NBA General Secretary Obafemi Adewale and longstanding Bar Leader, Hajia Fatima Kwaku. Instructively, while Daudu threw his weight behind Adesina in the run-up to the election, Adewale endorsed Dr. Babatunde Ajibade SAN as the best man for the job. On his part, though Alegeh did not openly align with Akpata, he is said to be perhaps his most influential backer, even as he congratulated the NBA President-elect even before he was officially decalred as a winner of the election. 

Citing alleged infractions of the NBA Constitution 2015 (as amended), the erstwhile presidential candidate said: “Our I.C.T. Consultants informed us that though the voting site might have appeared credible on the surface as a decoy, it is apparent to state that the data uploaded to the site was programmed and preconfigured to achieve a premeditated result in an obvious case of data diddling.”

According to Adesina, “it is apparent to state that the data uploaded to the site was programmed and preconfigured to achieve a premeditated result in an obvious case of data diddling.”

In the petition titled “Re: The Nigerian Bar Association 2020 National Officers Election: A case of classical electronic fraud, illegal and unconstitutional process: call for cancellation and a new election conducted for the Nigerian Bar Association (nba)” and copied to all the trustees and NBA past presidents, Adesina warned that “The time has come to regain the integrity of the Nigerian Bar Association by putting an end to unconstitutional and fraudulent elections in our Association.”

It is recalled that the Chairman of the Mr. Tawo Eja Tawo SAN had on July 31, 2020 declared Akpata as winner of the NBA presidential election held on July 29 or 30, 2020.

According to the ECNBA Chairman, Akpata polled 9,891 or 54.3 per cent votes to beat his closest rival, Ajibade who garnered 4,328 (23.8 per cent) votes. Adesina polled 3,982 votes (21.9 per cent) to bring up the rear.  Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with infractions. The election was held via ElectionBuddy, an electronic voting software deployed by Edmonton, Canada based firm.

Though a total of 29,636 lawyers were accredited for the election, only 18,256 or 62 per cent of the voters succeeded in casting their ballots.

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.

ELECTION CRISIS: USORO VOWS TO UNITE AKPATA, ADESINA, OTHERS

BY EMEKA NWADIOKE

Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN has committed to bridge the schism that has attended the just concluded NBA National Officers Elections.

CITY LAWYER recalls that one of the presidential candidates in the race, Mr. Dele Adesina SAN had in a searing petition to the Electoral Committee (ECNBA) carpeted the poll as a “sham election,” demanding its cancellation. Mr. Olumide Akpata was declared winner of the election, polling 9,891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Adesina polled 3,982 votes (21.9 per cent) to bring up the rear. 

But in a response by Usoro addressed to NBA Past Presidents and Trustees, he stated that the election may have occasioned “wounds and bruises,” and warned against allowing the schism to deepen.

His words: “Now that the Elections are gone and past, I would, with the greatest respect, urge all our members, including the erstwhile contestants – both the winners and the losers – to join hands in healing the wounds and bruises that may have been occasioned by the Elections campaigns and results. It is inevitable that, in contests of this nature, there would be such wounds and bruises; we must however not allow them to fester and become open sores and flashpoints for divisions amongst us.”

Usoro assured that his immediate task is to facilitate the mending of fences between the combatants, saying: “That healing process is the most urgent and pressing assignment that we have, and I intend in the coming days to reach out to all the erstwhile contestants in that regard, notably, the Presidential candidates. I solicit your support and assistance, my dear Presidents and Trustees, in that task. There is much work to be done by all of us in the elevation of our Bar and we need to heal fast and then turn our attention, as a united Bar, to those tasks.”

In a detailed riposte to the allegations raised in Adesina’s petition, the NBA President vowed that neither him nor the ECNBA rigged the poll, saying that not only was the voter turnout unprecedented, the petitioner had adduced no evidence that any alleged infraction adversely impacted the result of the election.

He said it is “strange” that Adesina claimed that there were members “who received the link” but “could not vote,” adding that the “overwhelming evidence” that he received and also read on social media was that the voting process was “seamless” and “very easy for our members. I have so far not received any report from any member claiming that he or she had challenges in voting on the basis of the unique link that were sent to members from and by the Election Platform server. In any case, the ECNBA Statement No. 18 that was referenced in the Committee’s Statement No. 19 afore-referenced provided a helpline for members – 0700 5555 2020 – and I am hoping that those members who may have experienced voting challenges after receiving their unique links had contacted that helpline for assistance.”

Confirming that Adesina discussed his concerns with him before the election, Usoro said: “To reinforce the explanations in the ECNBA Statement No. 19, I further explained to Mr. Adesina that (a) all the names in the Verified Voters’ List were drawn from the Final Voters’ List that was published by the ECNBA on 01 July 2020 and that no new names were added; (b) all the names in the Verified Voters’ List are lawyers and had paid their Bar Practicing Fees and Branch Dues and had therefore met the eligibility qualification to vote in the Elections; and (c) the Elections would be determined, not on the basis of NBA branches but based on universal suffrage of the members which is the voting system enshrined in the Nigerian Bar Association Constitution, 2015 (as amended) and we should therefore not be fixated on the electronic glitches that assigned wrong branches to members. I stand by those explanations that I gave to Mr. Adesina and of course the fuller explanations that are contained in the ECNBA Statement No. 19.” He therefore warned against being “fixated” on the “electronic glitches” that assigned wrong branches to members.

Noting that Adesina has not been “forthcoming” with the details of the Senior Advocate of Nigeria that he mentioned in his petition, Usoro said: “Suffice to state that there were 29,636 verified voters for the 2020 NBA National Officers Election – a number that is far higher than the numbers we had in 2016 and 2018 for the NBA National Officers’ Elections that were held in those years. In my humble opinion, that is an advancement that we should all be proud of and should build on in succeeding Elections.”

The NBA President stated that “the relevant question to ask in regard to the security of the NBA Membership Portal is whether any member’s security was breached or compromised howsoever vis-à-vis the 2020 NBA National Officers’ Election. Prior to the Elections, I had read some non-specific allegations in that regard by a candidate and had requested for specific instance of any such breach to enable investigation by the NBA. Up till date, I have not received any such specific complaint, and none has been made in regard to the 2020 Elections. The NBA however remains open to investigate any such complaint if any is presented by Mr. Adesina or any other person.”

Usoro observed that 18,256 ballots were cast in the Elections consisting of 62% of the verified voters, saying: “That was by far higher than the number of ballots that were cast in the last 2 (two) NBA National Officers’ Elections since universal suffrage was introduced in 2015. Again, that is a feat which, in my very humble opinion, we should all exult and revel in. It reflects an incremental achievement which succeeding Elections can and should build on.”

He said that Adesina fell into error when he mistook the number of undeliverable notices for the number of persons who did not receive notices, saying that the number of notices “represented the aggregate of the undeliverable notices that were sent to each Verified Voter through the two notification channels – sms and e-mails. It also represents the aggregate number of blasts of such notices to each of the affected Verified Voter.” According to Usoro, the number of voters whose notices were previously undeliverable but were eventually able to vote also improved, climbing from 1,886 to 6,500. “That, in my respectful view, was quite commendable and showed an overarching commitment by the ECNBA to deliver on its mandate,” he said.

Alluding to the chequered issue of NBA database, Usoro said that “the inability to deliver those notices was not attributable howsoever to the Election Platform; it had everything to do with the NBA’s poor database (which, in point of fact, has been much improved under the present NBA administration) and the activation of DND in some of our members’ mobile phones.”

Usoro denied signing any Memorandum of Understanding (MOU) with the election portal vendor, adding that Adesina also got his information wrong on that score. His words: “In regard to the allegations relating to the procurement of the Election Platform, these are all incorrect, to the best of my knowledge. No MoU was signed on the Election Day in regard to the Election Platform. It is not quite clear what Mr. Adesina intends by his assertion that “the System . . . was . . . registered the very day the Election was to start”. As far as I know, the Election Platform, ElectionBuddy, belongs to a foreign company who has provided service such as we had for the NBA 2020 Elections in the past 12 years. Mr. Adesina, with the greatest respect, got his facts in regard to the Election Platform completely wrong. In any case, I would have thought that the more material issue should be whether the Election Platform provided satisfactory service to our members for the Elections. The evidence I have answers that question overwhelmingly in the positive. Mr. Adesina’s letter incidentally did not assert to the contrary. Regardless, the NBA remains open to address any specific queries that Mr. Adesina or any other may have in regard to the Election Platform.”

He said that Adesina left the “most critical” issue unaddressed, namely the integrity of the ballot. His words: “Perhaps I should first comment on the refreshing and complete transparency of the ballot. That is one feature that no one could dispute or quibble over. We were all election monitors, right from the first ballot to the last, using our various devices. It was possible for all our members to track the votes as they were cast. Another unique feature of the Elections was the unique link that was sent to each Verified Voter for him or her to access the platform and cast his/her ballot. That link was unique to the receiver and non-transferable; it was also not possible to use a single link and vote more than once.

“The link was delivered to members both by e-mail and sms and this was to ensure that Verified Voters all received the notification. Upon accessing the Election portal, the unique identifier that enabled voting by members was the Supreme Court Number of each Verified Voter. In effect, even if Mr. Paul Usoro, SAN’s unique link for accessing the Election Portal were to fall into the wrong hands, such wrong hands could not have cast the ballot, using that link except he or they also had Mr. Usoro’s SCN. These were all security measures that were put in place by the ECNBA to ensure the integrity of the ballot and I have not received any report from anyone whomsoever suggesting that these security measures were compromised or breached howsoever.”

Usoro said that he “had consistently committed to a free, fair, credible, transparent and unimpeachable ballot for our members in the 2020 National Officers’ Elections, right from my election in 2018,” adding: “I had also expressly informed each of the Presidential Candidates during my interactions with them that I would not rig the Election for any candidate neither would the ECNBA. The ECNBA were sworn to the same ideals as I was and I feel very comfortable holding my hand to my chest and declaring that we – the ECNBA and the NBA National Officers – lived up to those ideals in the conduct of the 2020 NBA National Officers’ Elections. I affirm solemnly and, in all conviction, that it was the transparent ballot which we all witnessed and nothing else that produced the winners of the Elections.”

PUSAN_LETTER_DASAN

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.

EFCC SET TO ARRAIGN TWO LAWYERS OVER USORO’S ELECTION

BY EMEKA NWADIOKE

  • CONFIRMS CITY LAWYER REPORT

Echoes of the election that brought outgoing Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN has reverberated as the Economic and Financial Crimes Commission (EFCC) may soon arraign suspects in the controversial election.

Filed as Suit no FHC/L/118c/2020, the EFCC is, according to GAVEL INTERNATIONAL accusing the duo of Sarah Omeigha Ajibola, and John Ozovehe Demide of allegedly rigging the August 2018 NBA Elections in favour of Usoro .

The charge confirms CITY LAWYER exclusive report that “The Economic and Financial Crimes Commission (EFCC) may have swooped on senior lawyer and Nigerian Bar Association (NBA) administrative lynchpin, Sarah Ajijola over an alleged cash payment received from one of the presidential candidates in the last elections.

“An impeccable source who is familiar with the EFCC investigations told CITY LAWYER that Ajijola, NBA’s Director of Membership & Bar Services, was pulled in by the anti-graft agency for questioning over a N25,000 inflow into her bank account in the run-up to the controversial 2018 NBA Elections.

“The EFCC is investigating the outcome of the elections following an alleged petition by Mr. Olumuyiwa Olowokure who was an agent to Chief Arthur Obi Okafor SAN, one of the presidential candidates in the elections. Olowokure is now deceased.”

According to latest report, the charge has been filed at the Federal High Court, though the arraignment has been stalled by the coronavirus pandemic crisis.

The charges were reportedly filed on May 5, 2020 and signed by EFCC prosecutors led by Mr Rotimi Oyedepo Iseoluwa and including Bilikisu Buhari Bala, Usman Umar Buhari, Mohammed Abbas Omeiza, Suleiman I. Suleiman, and Kufre Uduak on behalf of the Executive Chairman of EFCC.

Below are the charges:
COUNT-1

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of this Honourable Court conspired amongst yourselves to knowingly alter the email addresses and phone numbers of about 1004 (One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you think thereby committed an offence contrary to Section 27 (1)(b) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015 and punishable under Section 13 of the same Act.

COUNT-2

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of the Honourable Court aided the commission of an offence to wit: to knowingly alter the email addresses and phone numbers of about 1004(One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 National elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you thereby committed an offence contrary to Section 27 (1)(b)of the Cybercrime (Prohibition, Prevention etc) Act 2015 and punishable under Section 13 of the same Act

COUNT-3
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of this Honourable Court knowingly altered the email addresses and phone numbers of about 1004 (One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 National elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you thereby committed an offence contrary to and punishable under Section 13 of the Cybercrime (Prohibition, Prevention etc) Act,2015.

COUNT-4

That you, John Ozovehe Demide sometime on the 19th of August 2018, within the Jurisdiction of this Court fraudulently used the unique identification features such as Name and Supreme Court Enrolment Number SCN043280 of one Gabriel Abijo Oladipo to vote as the same Gabriel Abijo Oladipo through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22(2) of the Cybercrime (Prohibition, Prevention etc) Act, 2015 under the same section.

COUNT-5

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 19th of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN043280 of one Gabriel Abijo Oladipo to vote as the same Gabriel Abijo Oladipo through the Smile modem on IP address 169.159.65.190 to vote with the intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-6

That you, John Ozovehe Demide sometime on the 19th August 2018, within the Jurisdiction of this Honourable Court fraudulently impersonated one Gabriel Abijo Oladipo with Supreme Court Enrolment Number SCN043280 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with the intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc ) Act, 2015.

COUNT-7

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on 19th August 2018, within the Jurisdiction of this Honourable Court aided the commission of an offence to wit: fraudulently use the unique identification features such Name and Supreme Court Enrolment Number SCN088449 of one Uthman Adeleye Oluwaseun to vote as the same Uthman Adeleye Oluwaseun through the Smile Modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime (Prohibition, Prevention etc) Act,2015

COUNT-8
That you, John Ozovehe Demide sometime on 19th August 2018, within the Jurisdiction of this Honourable Court fraudulently impersonated one Uthman Adeleye Oluwaseun with Suu preme Court Enrolment Number SCN088449 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of yhe cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-9

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 19th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN015233 of one David Anakor through the Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-10
That you, John Ozovehe Demide sometime on the 19th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one David Anakor with Supreme Court Enrolment Number SCN015233 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22(3) of the Cybercrime (Prohibition, Prevention etc) Act,2015

COUNT-11
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN114439 of one Chiagoziem Bethel Aninilu to vote as the same Chiagoziem Bethel Aninilu through the Smile modem on IP address 197.210.216.226 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the cybercrime (Prohibition, Prevention etc) Act, 2015.

COUNT-12
That you, John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one Chiagoziem Bethel Aninilu with Supreme Court Enrolment Number SCN114439 by voting as such through your Smile modem on IP address 197.210.216.226 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of the cybercrime (Prohibition Prevention etc) Act, 2015.

COUNT-13
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN024643 of one Bankole Isaac Toyin to vote as the same Bankole Isaac Toyin through the Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the cybercrime (Prohibition, Prevention etc) Act,2015.

COUNT-14
That you, John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one Bankole Isaac Toyin to vote as the same Bankole Isaac Toyin with Supreme Court Enrolment Number SCN024643 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of the cybercrime (Prohibition, Prevention etc) Act, 2015.

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.

NBA PALLIATIVES: ANXIETY, AS YOUNG LAWYERS CRY OUT OVER DELAY

BY EMEKA NWADIOKE

Young lawyers have expressed disappointment on delays that have enveloped the Nigerian Bar Association (NBA) Palliatives Scheme. The lawyers yesterday tackled NBA National Officers on the issue on the association’s official WhatsApp platform, “BAR CENTRE 4.”

Opening the barrage of complaints, one Victor Eze wrote on the platform: “Victor Eze from Yola Branch. Please when will they give us the NBA National palliative?” This was the tonic other young lawyers engage in another heated and prolonged debate on the palliatives debacle.

Following up on Eze’s poser, one Muhammad Raji Yabaji said: “I like the question, after receiving our particulars nothing we heard from them.”

Apparently disappointed by turn of events, one Count Vladislaus, switching between formal and Broken English, said: “Broda nor just put mind. NBA National may not give any palliative. You see the way this country goes… They wait for an event to cover up an event, all they just do is just postpone and postpone till we all forget, soon it’ll be December and the NBA National will start dropping guidelines for payment of the 2021 BPF.

“50 naira wen tear nobody see, money wen people pay for BPF will not be talked about, na how to collect 2021 own go dey National minds. Worst part is that we go still rush go pay before 31st March and I am bold to say nothing, absolutely nothing will happen because NBA national will sweep it all under the rug, life will go on as usual. Kobo as palliative none of us go see. Mark my words.

“If they like after this they may send me out of this group and any NBA group, it just shows that what I am saying is the truth. And yes; truth be told we all are aware of the politics up there in the National. Left for a ton of young lawyers in the country they would not pay dime to NBA National, because the words, ‘WHAT HAS NBA DONE FOR ME’ is (sic) on the lips of thousands of young lawyers out there. Let us not deny it.”

I believe the delay in disbursement is becoming unduly protracted for our comfort. Yes, the President has spoken on it about two times now providing assurance that the funds are there. But it may be better to tell us why the wait is this prolonged instead of the silence which has capacity to breed rumors. We are entitled to know what is happening.

On Vladislaus’s fears that he may be sanctioned by the platform administrators for his views, one Damilare Ojo assured him otherwise, saying: “The fact is you have made your point. We are all AGITATED!”

On her part, Precious Nwadimuya said: “So we don’t waste the opportunity to get an answer, I will ask the question on our behalf. @Habeeb Lawal @ PRO NBA Asaba @Kunle Edun, What is happening to the monies raised by our learned seniors in the profession meant to provide palliative for lawyers who submitted their particulars? I believe the delay in disbursement is becoming unduly protracted for our comfort. Yes, the President has spoken on it about two times now providing assurance that the funds are there. But it may be better to tell us why the wait is this prolonged instead of the silence which has capacity to breed rumors. We are entitled to know what is happening. Publicity team, if it means going to (Dr. Wale) Babalakin to know what is happening, please go and bring word for us and bring the money on your way coming, that would be better.”

Particularly worried that the tenure of the current NBA Administration is coming to an end, Vladislaus said: “August is fast approaching, the NBA executives will hand over. Nothing, absolutely nothing will happen. We all will pay BPF again in 2021 and nothing will happen. I challenge the NBA to prove me wrong. This is Nigeria, I hope the NBA proves me wrong in everything. I will be glad they did.”

Trying to assuage the persistent complaints, NBA Publicity Secretary, Mr. Kunle Edun: “Your concerns are valid. I can assure you that the issue you raised has been taken up with the Committee. We should be expecting a positive response soon. I appreciate all the patience. Thanks.”

In an earlier intervention when the debate arose on the platform, Count Vladislaus said: “Just wait, by August they will give a report on how they spent billions on palliatives.”

As one Ezenwa Okoli warned that “You can now be sued for allegations of this nature. Let’s watch it pls,” Vladislaus retorted: “Because we are speaking about our pains, they want to silence us like the FG did Sowere, 2Face and others.”

On his part, Rabiu Ibrahim said: “We are all speaking our minds as lawyers, this is an avenue where young lawyers should know that NBA are in existence. It is when something’s happened that another thing happened. We are not trying to put an accusing finger on anybody. If lawyers that are 10 years at the bar will complain, then I wonder what other lawyers will say.”

This again led Edun to wade in to douse the face-off, saying: “Gentlemen, pls while we exercise our right to freedom of speech, let us show mutual respect to each other and be civil. Thanks.”

It is recalled that NBA President, Mr. Paul Usoro SAN had in a Press Statement late May said that “the NBA COVID-19 Relief Fund Account had a credit balance of N84,223,000.00 donated almost entirely by our distinguished colleagues.” CITY LAWYER gathered that the current balance may be in excess of N90 million.

Usoro added that “The Welfare Committee was saddled with a second significant assignment upon its constitution, to wit, ‘work with me in designing the most equitable and integrity-proof model for identifying the genuinely needy beneficiaries of the relief materials. Part of the Committee’s responsibility would also be to determine the form that the reliefs should take e.g. cash or kind (illustratively, food items and the like) or a combination of the two or any other form.’

“That part of the assignment remains outstanding. I have been assured by the Committee that their focus has so far been on ‘baking the cake’, in a manner of speaking, and that they would shortly proceed to and with that follow-through assignment of distributing the funds to the truly needy members of our Association. I would work with them in that regard and would keep our members fully informed and updated.”

The NBA Welfare Committee is headed by top corporate lawyer, Babalakin. Other members are Chief Bolaji Ayorinde (SAN), Vice Chairman; Miannaya Essien (SAN), Yakubu Maikyau (SAN), Solomon Umoh (SAN), Dr. Garba Tertengi (SAN), Mrs. Victoria Awomolo (SAN) and Sylva Ogwemoh (SAN).

Also appointed as members of the committee are Ibrahim Muhammed (SAN), Emeka Etiaba (SAN), Mba Ukweni (SAN), Steven Adehi (SAN), Olabode Olanipekun (SAN), Tuduru Ede (SAN), Theophilus Igba (3rd Vice President), Emeka Anosike (National Financial Secretary), Joshua Usman (National Welfare Secretary) and Ewenode Onoriode (1st National Assistant Secretary)” as the COVID-19 Committee Secretary.

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.

EXCLUSIVE: CRISIS ROCKS NBA LEADERSHIP, AS VP BLASTS USORO

BY EMEKA NWADIOKE

  • ACCUSES NBA PRESIDENT OF BREACHING CONSTITUTION

  • LABELS HIM ‘SOLE ADMINISTRATOR’

  • ‘NATIONAL OFFICERS NEGLECTED, TREATED UNFAIRLY’

  • SAYS APPOINTMENT OF NEC MEMBERS FLAWED

  • RAISES POSERS ON PREPARATIONS FOR NBA ELECTIONS

The crisis of confidence rocking the leadership of the Nigerian Bar Association (NBA) peaked at the weekend following an unprecedented and scorching indictment of NBA President, Mr. Paul Usoro SAN by the association’s Second Vice President, Dr. Foluke Dada.

In an email last Thursday by Dada to the NBA President obtained by CITY LAWYER, the fiery senior lawyer lampooned Usoro for his leadership style, saying that National Officers have been sidelined from discharging their constitutionally guaranteed roles.

Titled “My concern on the state of the 2020 Elections and the abandonment by the President of the NBA, Paul Usoro SAN of the National Officers in the scheme of NBA affairs,” CITY LAWYER gathered that the email was copied to all the National Officers.

Noting that all efforts to discuss the “burning issues” were rebuffed by the NBA President, Dada, who is also the Chair of Advocacy Committee of NBA Women Forum, stated that Usoro’s style “has been one of pure neglect or shall we say, total abandonment of the key officers of the NBA national Exco,” adding that “In fact, the word is that you, Mr. President, view your officers as ordinary appendages to your office with no usefulness as to the running of the organization against the core provisions of the Constitution of the NBA.”

Assessing Usoro’s leadership style, the NBA Second Vice President scored him poorly on teamwork, adding that National Officers were denied the opportunity to contribute to decision making in their constitutionally mandated roles. Her words: “It is in line with the trust imposed, that as an officer, who observes throughout an almost two -year tenure that the affairs of the National body has been SOLELY stage-managed by you as a “Sole Administrator”, so to speak, and in addition, all affairs have been personally handled to the EXCLUSION of the members of the exco by you to the detriment of all. This is in clear assault to the intentions of the drafters of the Constitution of our great body, the Nigerian Bar Association.”

Dada accused the NBA President of nepotism, noting that she rebuffed Usoro’s attempt to hijack her constitutionally guaranteed role. Her words: “It is on this note that the agenda of neglect/abandonment of officers started from the inception of our tenure when you sought to appoint your kinsman, Victor Etim ESQ. to perform the duties constitutionally granted to the office of the Second Vice President of the Bar! This move was resisted by me but you employed the silent code to avoid your officers to the best of your ability! There are lessons to be learned!!!”

She noted that key decisions were taken “without the input of any member of the executive,” adding that “appointment of members of over 100 Co-Opted NEC has been conducted by you to the detriment of the interests of the majority of your National Officers and the Bar, particularly, those you perceive as having voted for your opposition during the election at the Bar.

Turning to the 2020 NBA National Elections, Dada who declared herself a “woman of honor and integrity,” said that “members from across the Nation have been clamoring for the postponement of the 2020 National Elections for reasons varying from the lack of transparency, lack of a trust-worthy web platform secured to ensure the integrity of the elections, incomplete or unverifiable electoral list, verification difficulties etc.”

She raised many posers on the integrity of the electoral process, and urged Usoro to provide answers to them, saying: “My question to you sir, Are we providing the best possible electoral platform and resources to our members?”

With a tone of finality, Dada, who is also the the Iyalode of Ere Ijesha and Yeye Mofin of Itaji-Ekiti, stated that the National Officers had a raw deal under the Usoro Administration. She said: “Sir, I (and I believe all of us, as national officers) have been unfairly treated by you sir. Let this be on record!”

It is recalled that CITY LAWYER had in a report last May noted concerns by some National Officers that they were not carried along especially in relation to award of contract for the revamp of the NBA Website. The report stated that “At least three National officers who spoke to CITY LAWYER recently vowed that they were in the dark on the NBA website contract, adding that it was never discussed at any of their meetings. They also pleaded ignorance on the identity of the vendor or scope of work contained in the contract. The NBA did not respond to CITY LAWYER enquiries on the subject.”

  • DR. FOLUKE DADA, NBA Second Vice President

Below is the full text of the letter.

MY CONCERN ON THE STATE OF THE 2020 ELECTIONS AND THE ABANDONMENT BY THE PRESIDENT OF THE NBA, PAUL USORO SAN OF THE NATIONAL OFFICERS IN THE SCHEME OF NBA AFFAIRS

Dear Sir,

Greetings!

PREAMBLE:

Permit me to explore this avenue to make known my observations on some of the issues arising from my association with your honourable self and some of the burning issues within the NBA Community on the vital areas of concern that should be discussed.

May I remind you sir, Mr. President, that I have called by phone and sent many messages via WhatsApp and through a phone call 3 weeks ago to your wife, Mrs. Mfon Usoro who called out to you across the room but you responded that you were busy! Since then, I have not had the courtesy of a return call or response to any of my messages or attempt to reach you to discuss some of these vital issues! Hence, my adopting the current medium to hone in some of the points I would have preferred to discuss with you personally.

It is indeed worrisome to me that the trend and path adopted by your honourable self, being the elected President of the Nigerian Bar Association (2018-2020), (just as we all have been elected to serve one constitutional purpose or the other), has been one of pure neglect or shall we say, total abandonment of the key officers of the NBA national Exco. In fact, the word is that you, Mr. President, view your officers as ordinary appendages to your office with no usefulness as to the running of the organization against the core provisions of the Constitution of the NBA. Little did it surprise anyone that you sought to include into the recently amended Constitution of the NBA, the clause (which was honorably expunged by members at the AGM of 2019), that persons seeking an election into offices at the Bar should be men and women of “means!”

ISSUES AT THE CORE

My distinguished President, I humbly and honorably disagree with the above concept formally and do seek your indulgence to state categorically that I am a woman of honor and integrity and of course with means adequate enough to live a honourable lifestyle of a lady at the Bar! I am of the view, that same applies to my other colleagues at the EXCO! Let me state further that;

The Nigerian Bar Association is a body governed by her Constitution (2015 as amended 2019) and several rules of Professional Ethics and behavior that require that the men and indeed women at the Bar serve with utmost dignity and integrity of purpose within and outside the Bar. Hence, the perceived indictment on the person of any national officer who feels alienated from the performance of his or her duties so accorded by the trust and confidence imposed on their election into the various offices of the Bar! This is my belief throughout the tenure!

It is in line with the trust imposed, that as an officer, who observes throughout an almost two -year tenure that the affairs of the National body has been SOLELY stage-managed by you as a “Sole Administrator”, so to speak, and in addition, all affairs have been personally handled to the EXCLUSION of the members of the exco by you to the detriment of all. This is in clear assault to the intentions of the drafters of the Constitution of our great body, the Nigerian Bar Association.

Recall also, that you, as the President of the NBA, has refused totally to engage your officers in the vital decisions affecting the Bar to the detriment of the Constitutionally mandated roles of your executive officers. It is on this note that the agenda of neglect/abandonment of officers started from the inception of our tenure when you sought to appoint your kinsman, Victor Etim ESQ. to perform the duties constitutionally granted to the office of the Second Vice President of the Bar! This move was resisted by me but you employed the silent code to avoid your officers to the best of your ability! There are lessons to be learned!!!

Recall again sir, that prior to and throughout the COVID-19 saga AND TILL DATE, you have refused to call one National Officers Meeting, physically or virtually!

In fact, it is bemusing that throughout the COVID-19 period, I, as your officer, did not receive ONE phone call or message to check the welfare, not to talk of working or suggesting or contributing to any Bar related issue from you!

Recall as well, that even the appointment of members of over 100 Co-Opted NEC has been conducted by you to the detriment of the interests of the majority of your National Officers and the Bar, particularly, those you perceive as having voted for your opposition during the election at the Bar.

Mr. President, vital decisions have been taken without the input of any member of the executive, save yourself sir. We seem to be the administration that thrived on NEC ratifications after the fact. This is no surprise as the bulk of the co-opted membership of NEC was selected by you sir! Would I be right to assume that this was done for a purpose? Why were officers made redundant and despised?

THE ULTIMATE –  NBA 2020 ELECTION

As recently as yesterday, July 6th, 2020, members from across the Nation have been clamoring for the postponement of the 2020 National Elections for reasons varying from the lack of transparency, lack of a trust-worthy web platform secured to ensure the integrity of the elections, incomplete or unverifiable electoral list, verification difficulties etc. An embarrassing example of this is a situation where a name was listed as “Opening Balance” on an electoral list!!! The list goes on and on…

Mr. President, what answer do you have for a concerned electorate at the Bar who seeks to understand:

The veracity of the information contained in the NBA database?

The security measures in place to ensure that the election is not compromised

The identity and the integrity of the organization working on the private data of members

The process or remedial measures in place for possible infractions or even crashes during the election

The improvement in the capacity of the customized NBA web page which to the best of my knowledge or to the best of information available unto me, has failed on the couple of times it was tested even for a Zoom meeting!

My question to you sir, Are we providing the best possible electoral platform and resources to our members? The questions above were posed by members of our great association who are genuinely worried about the level of our preparedness. Please oblige me with answers. We owe them the responsibility.

Again Mr. President, do you really think it is fair on your officers to neglect them or even think possibly that everyone has come to supposedly exploit the Association? Alas, NO! Thirty One (31) YEARS at the Bar for me is nothing to jeopardize for a two-year tenure of service to my great Association!

History will judge all of us as we treat each other in this profession. Our great objective is the promotion and the protection of the Rule of Law. As we seek to do this, we also reflect on our attitudes and the impact of our actions on the people we meet along the way. For me, as an elected National Officer, the little I was able to sternly but respectfully discharge has been nothing but through the grace of GOD. Posterity will judge us all.

Sir, I (and I believe all of us, as national officers) have been unfairly treated by you sir. Let this be on record!

I have a future that GOD only can preserve.

I enjoin you sir, to please endeavor to imbue in the younger people coming after us the sense of dignity as we all owe them that duty! It is not enough to form a platform for them to operate. We should ensure they have as much independence and unity of purpose serving with dignity and integrity.

I continue to serve the Bar in the best of my ability for the remainder of our tenure in office and beyond.

We are all lawyers!

Thank you sir!

Dr. Foluke Dada
2VP NBA (2018-2020)

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.

‘NBA IS CONTROLLING YOU TO RIG ELECTION,’ ONU WARNS ECNBA

  • SAYS VERIFICATION MODEL WILL FOSTER FAKE VOTERS

  • ‘SAFEGUARD YOUR GOOD NAME,’ ONU TELLS TAWO TAWO

BY EMEKA NWADIOKE

The Co-Convener of Open Bar Initiative, Mr. Silas Onu has petitioned the Chairman of the Electoral Committee of the Nigerian Bar Association (NBA) over the exclusion of his name and that of his colleague from the voters’ register for the forthcoming NBA Elections, CITY LAWYER can authoritatively report.

In a letter dated 6th July, 2020 and titled “Conplaint (sic) against a foreseeable calculated attempt to disenfranchise me and other junior lawyers in the forthcoming national election of the Nigerian Bar Association,” Onu noted that while he has always discharged his financial responsibility to the NBA and is entitled to all benefits deriving from his membership of the association, “I have to make the point here that there is no benefit whatsoever that I have ever enjoyed as a faithful member of this Bar.”

Noting that “the only privilege that I have received by virtue of my membership is the right to vote and be voted for as enshrined in our constitution,” Onu stated that “this right itself has been stolen from me in the past and another concerted effort is underway to steal it from me again.”

Onu alleged that he was disenfranchised in 2018 by the Prof. Auwalu Yadudu-led electoral committee “in the total control of A. B. Mahmoud SAN,” adding that this was “due to my support for a candidate other than their endorsed candidate, even with evidence of all qualifying payments.”

Alleging that the current NBA President, Mr. Paul Usoro SAN “is the main beneficiary of that illegality,” Onu stated that “I fear that he (Usoro) is also controlling your committee to deliver the same outcome as the one that brought him in.”

Warning that he “will have a reason to seek redress and demand damages” if the right to vote is “taken away from me for the second time in a row,” the Abuja based lawyer also said that such “will determine my further need to pay anything to the Bar as the conduct of those running its affairs is gradually becoming a brazen acts (sic) of fraud with no fear for any consequence.”

Onu, who showered encomiums on the ECNBA Chairman, however warned him to steer clear of acts that may impugn his integrity, saying: “Mr. Chairman Sir, I have known you for many years. You have remained one of the few Senior Advocates who I deeply appreciate and respect because of how you have carried yourself with dignity of your station in life and respect for those who are behind you. You have earned yourself a good name by hard work and persevering in integrity. The task that you are currently chairing is one that can broaden your horizon in the path that you have been or completely deplete the good name that you have done for many years. The latter is easily achievable if you do not insist on managing the entire process that will lead up to the election. If you allow the certain regular partisan individuals occupying offices in the Secretariat to manage the process, then we will end up with a disputed election that can bring the NBA to its knee.”

Onu noted that there is a need to ensure that the electoral process “is more credible than the past and as transparent as the voting itself,” adding that the compilation of the voters register was a “shameful exercise” as it reflected a list “a list put together from names sent from various Branches of the Association.”

He alleged that the register is “replete with duplicate names or bogus names,” querying : “Can you sincerely say that a credible election is about to be conducted when thousands of qualified voters are unable to verify for the election?” He stated that many names on the voters register were without email addresses, adding that those assigned to administer the Help Desk “have become professional liars promising so much and delivering nothing to members with verification challenges.”

Providing their personal details, Onu said: “With the information given herein, there is no reason why we should not be able to do our verification before the last day scheduled for it, except if the bid to deny us this right is actually deeper than we thought.”

Onu warned that “lawyers verification should not have anything to do with this election,” and observed that opening the NBA portal for verification by all comers may be a recipe for a flawed election. His words: “This needs to be addressed urgently as allowing it as it is will open a window to all verified lawyers to gain access into the election portal even without having paid BPF for the year.”

The NBA Election is scheduled to hold on July 29 and 30, 2020.

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.

 

EDITORIAL: NBA ELECTIONS 2020 – OF OPPORTUNITIES AND THREATS

The Nigerian Bar Association (NBA) 2020 National Elections will hold barely 28 days from today. In fact, Paragraph 2.3 (d) of the Second Schedule to the NBA Constitution 2015 (as amended) provides that “The full list of all legal practitioners qualified to vote shall be published by ECNBA in conjunction with the National Secretariat of the NBA at least twenty eight (28) days before the date of the election.” The poll is scheduled to hold on July 24 and 25, 2020 via electronic voting. Continue Reading

ELECTIONS: ‘NBA OFFERED US READY-MADE VOTING PORTAL,’ SAYS TAWO TAWO

• CONFIRMS CITY LAWYER REPORT
• SAYS FATE OF PORTAL UNCERTAIN
• VOWS THAT ECNBA IS ‘TOTALLY INDEPENDENT’

The Electoral Committee of the Nigerian Bar Association (ECNBA) has admitted that it was handed over a ready-made election portal for the forthcoming National Elections by the Mr. Paul Usoro SAN-led bar association. This confirms CITY LAWYER exclusive report which hinted that the ECNBA may have been preparing for the elections on the basis of the election portal bequeathed to it by the NBA leadership.

CITY LAWYER had in a recent report stated that “It was unclear at press time whether the vendor’s scope of work included a mandate to deliver an election portal for the forthcoming NBA Elections, given the notice issued by the ECNBA seeking proposals to recruit an ‘Information Technology Specialist.’ Among the work to be done by the IT Specialist/ECNBA Partner is, ‘Analyzing the new NBA Election portal system and infrastructure.’ The successful vendor is also required to train NBA staff ‘to use the new IT system.’ ”

Putting the issue beyond speculation, the ECNBA in a statement personally signed by its Chairman, Mr. Tawo Eja Tawo SAN said: “The Committee was briefed that the NBA has its own e-voting platform/portal for elections developed by TAVIA, an IT firm. TAVIA was invited to brief the Committee in conjunction with the NBA IT Officer Umar Gezawa, on the said NBA election platform/portal.”

He emphasized the critical role of the election portal, saying “the success of the elections would depend to a large extent on the electronic or IT platform that would be deployed for the election.” He added that “The need to procure such a platform has been a priority.”

Giving more insights into the “briefing” received from the NBA leadership on the election portal, the ECNBA Chairman said: “Further to the said briefing, the ECNBA decided that in spite of the advantages of such a portal, exploring the use of other viable e-voting platforms if necessary is not foreclosed. As such there was the need to engage an independent IT Consultant that would examine the NBA portal and critique same, its integrity, functionality and suitability or otherwise for the purpose of the elections as well as advise on other options.”

Highlighting additional roles of the consultant, the ECNBA Chairman said: “The Consultant would also be required to identify avenues for possible threats, and advise on how to contain same. Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant. They would be expected to verify electronically, the votes cast at the end of the exercise.”

Hinting on the fate of the election portal delivered by the NBA, Tawo who is said to be a born-again Christian noted: “Notwithstanding the above, the platform or portal to deploy for the election by the ECNBA would largely be dependent on the advice and report of the IT Consultant.” The ECNBA is currently sifting through applications received from its advertised request for expression of interest to pick its preferred IT consultant.

While the ECNBA Chairman did not state when the committee received the “briefing” from the NBA leadership, there are strong indications that this must have been before April 4, 2020 when the committee issued a “REQUEST FOR PROPOSAL (RFP): IT CONSULTANCY” which gave the scope of work of the IT Consultant to include “Analyzing the new NBA Election portal system and infrastructure.” CITY LAWYER recalls that the ECNBA was appointed by NBA-NEC on March 12, 2020.

At least three National officers who spoke to CITY LAWYER recently vowed that they were in the dark on the NBA website contract, adding that it was never discussed at any of their meetings. They also pleaded ignorance on the identity of the vendor or scope of work contained in the contract. The NBA did not respond to CITY LAWYER enquiries on the subject.

CITY LAWYER investigation however showed that Usoro informed NBA-NEC during its March 2019 meeting of his plan to “revamp” the verified NBA website to enhance its “functional uses.” He had stated that the websites for the Annual General Conference and NBA sections would be hosted on or linked to the NBA website while online payments and online platform for ordering stamps would be incorporated. However, the address was silent on the incorporation of a voting platform on the portal.

Though there are concerns among some stakeholders on the role of NBA staff in managing the elections, the ECNBA may have decided to give substantial roles to the staff. In its latest statement, the committee said: “Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant.” This aligns with item “f” of the “Scope of work” set out in the request for proposal which lists “Training staff to use the new IT system” as one of the deliverables of the IT Consultant.

While urging all stakeholders to shun “any activity that would be subversive and counter-productive to this exercise,” the committee however assured that it is “totally independent,” adding that “Mr. Paul Usoro SAN and his elected executive have given the ECNBA the needed liberty to do what is just and proper for the benefit of the profession in Nigeria. All candidates for the 2020 Elections shall be treated equally.”

The committee had published a Preliminary Notice of Elections as well as Election Guidelines in the run-up to the elections. Following its Call for Proposals from IT consultants, the ECNBA in its latest statement noted that it was “disheartening” for branches to shun the request to provide the data of eligible voters as requested by the NBA secretariat, warning that this may disenfranchise branch members. It however noted that it is in the process of compiling the Interim Voters Register as well as screening of IT proposals and interviewing of IT consultancy firms.

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.

NBA DATABASE: OLANIPEKUN, NGIGE, FALANA IN ‘OBOLLO-AFOR’ BRANCH

* Mixed reactions, as errors mar project
* ‘We are in the dark on website contract,’ say EXCO Members

There is palpable anxiety over the current state of the Nigerian Bar Association (NBA) database as uploaded on the NBA website. While some members have their data correctly inputted, prominent Bar Leaders such as former NBA President, Chief Wole Olanipekun (SAN); former NBA presidential candidate and Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige (SAN) and Mrs. Funmi Falana, wife of fiery human rights activist, Mr. Femi Falana (SAN) are among those whose data have errors. The trio are listed as members of NBA Obollo-Afor Branch. Continue Reading

SPECIAL REPORT: TAWO TAWO SAN – THE MAN WHO’LL MAKE OR MAR NBA

Mr. Tawo Eja Tawo SAN is obviously one of the most important stakeholders in Nigerian Bar circles today. In fact, it is believed that the fate of Africa’s largest Bar association may depend on what he does or fails to do in the coming weeks leading up to the 2020 National Officers Elections of the Nigerian Bar Association (NBA). Continue Reading

FORMER SCRIBE HAILS NBA AT NEC

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

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

Below is the full text of the message.

GOODWILL MESSAGE

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

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

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

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

and journey mercies to and fro your respective abodes.

With Compliments from;

Okey Leo Ohagba

Immediate Past NBA 1st Asst. Secretary

WE WILL BOYCOTT COURTS SOON IF…, WARNS USORO

  • PUBLIC PROTEST: FALANA STORMS ABA

Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN has warned that lawyers may soon embark on a boycott of the courts if judges of the Court of Appeal and Nasarawa Area Court are not freed by their kidnappers.

Speaking at the opening ceremony of this year’s Annual Conference of the NBA Section on Public Interest and Development Law (NBA-SPIDEL) also tagged “revival” conference, Usoro said lawyers would soon have no option than to shun the courts to press their demand for release of the judicial officers.

His words: “We are the ones to speak for the judiciary; they do not have a voice. It behoves us (NBA) to speak on their behalf. A couple of them very very sadly have been kidnapped in recent days. You wouldn’t see any press release from the judiciary because they do not have a voice.

“It is we – the Nigerian Bar Association – that will fight for them, which will tell the authority that they have to take certain steps. If it gets to the extreme and – as we did not too long ago – we decide that we are going to boycott the courts to make a point, that is what we lawyers are for. If we are not united it becomes difficult for us to achieve. That is something I would like all of us to bear in mind.”

He noted that globally, lawyers are “recognized as the voice of the voiceless,” adding that “If you do not defend them, nobody will.”

It is recalled that Justice Chioma Nwosu-Iheme of the Benin Division of Court of Appeal and Honorable Likita Ewa, a judge of an Area Court in Nasarawa State were kidnapped recently and are still in the kidnappers’ den.

Usoro urged members of the Aba Branch of the NBA to close ranks and resolve the crises rocking the branch, noting that “This is very important as without being united, it is very easy for people to further divide us. Our strength lies in our unity.”

Commending the SPIDEL leadership and the Abia State Government for its “magnanimity,” the NBA President also thanked the judiciary for attending the event in large numbers “particularly in these dangerous times when simply being seen with lawyers could be misconstrued.” He prayed God to give them the “wisdom to dispense justice without fear or favour.”

In his keynote address, Attorney General & Minister of Justice, Mr. Abubakar Malami SAN commended the NBA for using the law “as an instrument of social change.”

Saying that SPIDEL is facilitating its core objective of promoting public interest by organizing the conference, Malami who was represented by Mr. Aikomo Abiodun, his Special Assistant on Anti-corruption & Contracts Implementation, also commended SPIDEL Chairman, Dr. Paul Ananaba SAN and his team for hosting the highly successful conference.

On his part, Chairman of the National Human Rights Commission (NHRC), Mr. Tony Ojukwu noted that “Our being human would be incomplete without enjoying these rights,” pointing at banditry, communal clashes, insurgency, kidnapping, farmers/herders crises, weak electoral system, unemployment, decayed infrastructure, poverty, and violation of rights by state actors as some of the factors that threaten enjoyment of human rights.

Represented by Mr. Olaniyi Omodara, the NHRC chieftain described the theme of the conference as “well thought out,” adding that the NBA and especially SPIDEL “is an important partner” in the commission’s quest to reform the regime of rights available to Nigerians.

The opening ceremony was followed by two technical sessions. The session on “Public interest lawyering: Global best practices and development” was chaired by Abia State Chief Judge, Justice Onuoha Ogwe. Leading human rights strategist, Dr. Sam Amadi was the lead speaker.

The session on “Executive orders as tools of governance – Prospects and challenges” drew the curtains on the day’s events. While the sessionwas chaired by Mr. Israel Usman, the lead speaker was Dr. Chukwudi Odoeme, Head of Legal Unit, Nigerian Educational Research and Development Council (NERDC). The panelists included former NBA General Secretary, Mr. Emeka Obegolu; former NBA Treasurer Joyce Oduah; former member of NBA Criminal Justice Reform Committee, Mr. Emeka Nwadioke and senior lawyer Udochi Iheanacho.

WHAT OTHERS ARE SAYING

MR. ABUBAKAR ALIYU
Director General, Legal Aid Council of Nigeria

We have tried as much as possible to collaborate and cooperate with NBA especially SPIDEL to promote human rights. There is nothing more important than assisting indigent Nigerian to gain access to justice.

The kind of pleasure I derive from obtaining ordinary bail for somebody who has stayed five years in prison awaiting trial is indescribable. I commend SPIDEL for the work it is doing. I am always participating in SPIDEL activities, and will continue to collaborate with SPIDEL.

OLUMUYIWA AKINBORO SAN
Former NBA General Secretary

This is one of the best and most packed conferences I have ever attended. There are benefits that come by virtue of pro bono work. If one is to wait for that juicy brief, one may wait for a long time. However, by going to court and representing indigent clients, a lawyer may gain more experience and confidence. Everyday we go to court, we get better.

There is nothing that gives more satisfaction than helping another person. It is recalled that the Late Chief Gani Fawehinmi SAN and Mr. Femi Falana SAN became very popular through their public interest litigation work. You invariably end up being celebrated. I want to encourage us to take up the challenge of lawyering in the public interest.

DR. PAUL ANANABA SAN
SPIDEL Chairman

Nigeria is at a transformational stage; only public interest and pro people policies as well as development law initiatives is needed to provide credible and enabling environment for sustainable results. This need and service to the people are what SPIDEL stands for; NBA’s link and commitment to the rule of law and justice.

Through interactions on these issues at this conference, SPIDEL will be strengthened and positioned to lead NBA’s mandate as the watcher of government’s policies, governance framework, citizenship issues and so on. SPIDEL is ready to give urgency to activities that will reverse governance, administrative and legal failure to alleviate the suffering of the maases.

MR. IKEAZOR AKARAIWE
Chairman, Conference Planning Committee

The Nigerian Bar Association (NBA) Section on Public Interest and Development Law is arguably the most important section of the NBA, the other sections being Section on Legal Practice and Section on Business Law. SPIDEL proposes a regime of public interest and development awareness. Public interest and development advocacy and litigation is why Nigeria escaped the long night of military dictatorship. This conference of SPIDEL is coming at a time when democratic fascism is on the rise and corruption has rendered development all but comatose.

The gains of this conference must be that every lawyer realizes that our priesthood in the temple of justice of necessity clothes us with the toga of development warriors. We must use the courts and responsible social media usage to advance the interest of the public and development in Nigeria. We can do no less.

The conference continues today with several technical sessions including the eagerly anticipated session on public protest law which has firebrand social crusader, Mr. Femi Falana SAN as the lead speaker.

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.

NBA PRESIDENCY: AJIBADE JOINS THE RACE

  • THROWS SPANNER IN THE WORKS

Leading corporate lawyer, Dr. Babatunde Ajibade has joined the race to succeed Mr. Paul Usoro SAN as Nigerian Bar Association (NBA) President, CITY LAWYER can authoritatively report.

The entry of the cerebral lawyer into the already crowded field has thrown spanner in the works, as many consider him a serious contender for the coveted seat. In fact, asked what Ajibade’s chances are to clinch the sought-after seat, a former NBA chieftain told CITY LAWYER that Ajibade is a “potential NBA President.”

Though seemingly a late entrant into the presidential race given that some of the aspirants have been making discreet moves for several months now to push their ambitions, CITY LAWYER gathered at the weekend that Ajibade is not leaving anything to chance in his quest to win the NBA Presidency.

A source close to the NBA Section on Business Law (NBA-SBL) Advisor told CITY LAWYER that Ajibade has commenced aggressive consultations to intimate especially Bar Leaders on his ambition. Although a familiar face in the continuing legal education circuit where he is routinely engaged as a facilitator, there are strong indications that the recently concluded International Bar Association (IBA) conference in Seoul, South Korea may have offered Ajibade a platform to sell his candidacy.

To put the matter of his quest beyond debate, CITY LAWYER gathered from unimpeachable sources that the highly successful corporate lawyer has started telephoning and visiting key Bar Leaders to formally intimate them on his ambition. At least two Bar Leaders confirmed to CITY LAWYER that Ajibade spoke to them on his desire to lead the Bar while a former NBA chieftain said that Ajibade contacted him through a proxy.

In line with the NBA Constitution 2015 (as amended), the next NBA President will emerge from the South West Zone comprising. According to Article 2.2(b) of the Second Schedule to the amended NBA Constitution dealing with ‘Election of National Officers,’ “The positions of the President, 1st Vice President, 2nd Vice President, 3rd Vice President and General Secretary shall rotate among the three zones. In determining the eligibility of a candidate to contest for any of the rotated offices, regard shall be had to a candidate’s Geographical Zone of origin and not the geographical Zone where he/she carries on legal practice.” On the other hand, Article 2.2(e)(iii) lists the States under “Western Zone” as Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun and Oyo.

Other aspirants who have been touted for the post of NBA President are another leading and successful corporate lawyer, Mr. Olumide Akpata; former presidential candidate and NBA General Secretary, Mr. Dele Adesina SAN and another erstwhile NBA General Secretary, Mr. Olumuyiwa Akinboro SAN.

Ajibade’s entry into the race has substantially altered the political dynamics for the NBA Presidency race. Aside from being a hugely successful corporate lawyer, Ajibade, like Akpata, is also from NBA Lagos Branch which has always had the largest bloc of votes in NBA elections. Though some question his credentials as a “Bar-man,” many view him as highly cerebral, self-effacing and not having any integrity deficit.

Several Bar Leaders who responded to CITY LAWYER enquiries on his candidacy stated that he is not only eminently qualified for the position but must be seen as a serious contender, adding that other aspirants would ignore him at their own political peril.

While Akpata was before now seen as perhaps the ‘anointed candidate’ of NBA House, impeccable sources told CITY LAWYER that his campaign may have suffered some reversals lately. CITY LAWYER reliably gathered that there is a major schism in Akpata’s camp, with speculations that a major power broker and backer may be having a serious rethink on his support for the highly successful corporate lawyer, immediate past Chairman of the NBA-SBL and Co-Chair of the recently concluded NBA Annual General Conference (AGC). Unless the rift which a source close to the power broker described as having “far reaching consequences” is resolved prior to the opening of ballot, it may eclipse a major support base for Akpata.

Like Alegeh, he is also from Edo State. This is seen as perhaps his biggest hurdle. What is more, Article 2.2(d) of the Second Schedule to the NBA Constitution provides that “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.” Akpata is seen as having the brightest chance to wrestle the NBA Presidency from the rank of Senior Advocates of Nigeria who have dominated the post for a long time. A similar potent quest by fiery former NBA General Secretary, Mr. Afam Osigwe was aborted midstream, as he was disqualified by the electoral body. He however blames his ‘political detractors’ for his fate.

Bar watchers told CITY LAWYER at the weekend that unless both Ajibade and Akpata are able to reach an understanding before the elections, they are bound to split their key support base – NBA Lagos Branch – down the middle. Usoro is a member of the branch. Ajibade’s emergence on the scene may have put him in a quandary, even as speculations are rife on whether the NBA President is privy to his quest.

Ajibade’s emergence has also seemingly torpedoed several permutations. A source close to the Legal Practitioners Disciplinary Committee (LPDC), Lagos Zone Chairman told CITY LAWYER thus: “You will know that he would not have resolved to run for NBA Presidency without the support of past and present Bar Leaders.”

Some analysts however argue that his entry into the race has only given additional boost to Akpata’s quest, adding that the Bar is set for a repeat of the 2014 NBA presidential race when three core South West candidates ran against former NBA President, Mr. Augustine Alegeh SAN. With the three candidates – Mrs. Funke Adekoya SAN, Chief Adeniyi Akintola SAN and Mr. Dele Adesina SAN – splitting the South West votes, Alegeh coasted to victory with a total of 691 votes. His runner-up, Adesina, SAN polled 370 votes, Adekoya garnered 255 votes, Akintola received 126 votes while Osas Erhabor brought the rear with 17 votes. The three core South West candidates polled 751 votes, 60 votes more than Alegeh’s.

Some analysts also argue that Ajibade is not a ‘Bar-man,’ adding that his candidacy is not materially different from Akpata’s since they are both successful commercial lawyers from the “Corporate Bloc” of the NBA. But his camp disagrees, saying that his litany of services to the Bar is there for all to see.

The advent of Alegeh has led to a string of successive NBA Presidents emerging from the corporate bloc or ‘big law firms.’ Feelers by CITY LAWYER at the weekend indicate that the face-off between the ‘corporate’ and ‘Bar-men’ blocs will continue and intensify in the forthcoming elections, as the ‘Bar-men’ are desperate to wrest power from their heavy spending corporate counterparts.

A veteran of sorts in the NBA Presidency race, Adesina has his major support base in Ikeja Branch where he held several posts. Ditto for Akinboro who is also a czar of sorts in the Abuja Bar circles. Both are seen as no push-overs in the forthcoming NBA Elections, though some Bar watchers contend that there are a few chinks in their armours which would become apparent as the campaigns heat up.

Ajibade is touted as a go-to lawyer by several international rating agencies including Who is Who Legal, Chambers Global and IFLR 1000. According to a biography by Who is Who Legal, Ajibade is the Managing Partner of SPA Ajibade & Co, a leading corporate and commercial law firm with offices in Lagos, Ibadan and Abuja, Nigeria.

“Babatunde is a dispute resolution specialist and has substantial expertise in international commercial arbitration, especially in the fields of company law, energy law, labour law, hospitality law and investment treaty law. He has acted as counsel in arbitration proceedings involving complicated shareholder disputes arising from alleged breaches of restrictive pre-emptive rights and damages claims arising from alleged breaches of hotel development and management contracts. He has also conducted several ad hoc references and is currently coordinating an investment treaty arbitration claim against a host state. Babatunde also sits as an arbitrator and is currently presiding as sole arbitrator in an international commercial arbitration with its seat in Lagos involving alleged breaches of the terms of an international executive employment contract and as a co-arbitrator in a complicated energy dispute involving crude oil handling, also with its seat in Lagos.

“Babatunde also has extensive experience in all aspects of corporate and commercial litigation. He has prosecuted and defended numerous claims relating to corporate disputes acting on the instructions of shareholders, directors or their companies. He has also prosecuted and defended several claims on behalf of and against banks and insurance companies. He has a firm grasp of the commercial issues involved in such litigation.

“Babatunde also has extensive experience in transactional corporate and commercial legal practice and has been involved in the formation, maintenance and regulation of all types of business entities in Nigeria. He has been involved in the Nigerian capital market as a solicitor in several public offers of securities and in mergers and acquisitions and was the pioneer secretary, vice chairman and is a past chairman of the Capital Market Solicitors Association. He was vice chairman of the rules and regulations sub-committee of the Securities and Exchange Commission’s capital markets committee, a member of council and vice chairman of the banking, finance and insolvency sub-committee of the Nigerian Bar Association’s section on business law.

“Babatunde is a vice president of the ICC Arbitration Commission’s steering committee, a member of the ICC’s Africa Commission, a director of the Lagos Chamber of Commerce International Arbitration Centre (LACIAC), a member of the LCIA’s African Users Council, a member of the Lagos Court of Arbitration and the Chartered Institute of Arbitrators (UK) Nigeria branch.

“Babatunde was called to the Nigerian Bar in 1989. He obtained a LLM degree in corporate and commercial law in 1990 and a PhD in private international law in 1996, both from King’s College London. He was elevated to the rank of senior advocate of Nigeria in December 2007. He was awarded the International Practice Fellowship of the International Bar Association in Madrid in October 2009 and he became a fellow of the Chartered Institute of Arbitrators UK in January 2015.”

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.

MIXED REACTIONS, AS AGC KICKS OFF

  • As final technical sessions hold today

The 2019 Nigerian Bar Association (NBA) Annual General Conference (AGC) took off on a bumpy note as some delegates swore that not much has changed from the hiccups that attended past exercises. While some delegates poked holes in some aspects, others heaped praises on the organisers. Notwithstanding a late start, the opening ceremony lived up to its billing as a favourite for most delegates.

Though NBA President, Mr. Paul Usoro SAN was on ground last Friday to assure delegates that distribution of conference materials would commence at 9 am when the week-long conference was billed to take off, some delegates complained of delay in commencement of the distribution exercise.

Said Olaoye Olalere: “Reporting from material collection center. Organisers not ready for us but the President has addressed members that they will start distribution by 9am. Fingers crossed!” He stated later: “Reporting from the same location as earlier, no distribution of materials yet. We don’t know when the distribution will start or whether the materials are at locus yet.”

Another delegate Cyprian Akao also aligned with Olalere, saying: “Collection is very disorganized.”

Olalere however stated at 9: 46 am that “the materials distribution has commenced, and it’s going on smoothly now.”

Others agreed with Olalere that the distribution was without hitches. Former NBA Lagos Financial Secretary Marian Jones said: “Seamless! Impressive.” On her part, Bar-man Amaka Aneke said: “Sleek and Smooth.” NBA Lagos Branch Publicity Secretary added his voice to the praises when he said: “Distribution is still ongoing seamlessly.”

Giving an indication that the distribution exercise may have been fraught with challenges, newly appointed NBA-NEC member Bob Ijioma said: “It ain’t easy asking learned people to be orderly during registration and collection of materials at the AGC today. Thanks to all TCCP and LOC Members. We put in a great job. Thank you President Paul Usoro, SAN and My Lady Mfon Usoro.”

Alluding to the torrid time the organisers had in managing the crowd on day-one, Mrs. Usoro especially hailed newly elected NBA Lagos Branch Chairman, Mr. Yemi Akangbe for lending a helping hand, saying: “Lagos Chairman was superb at crowd control today at Harbour Point. Good job, Yemi.”

However, when CITY LAWYER visited the Harbour Point on Saturday, the cubicles were virtually deserted, with delegates trickling in to collect their conference materials. The cubicles were marked according to States while some States were merged.

But the aides said no notebooks were supplied contrary to the checklist, while assuring delegates that the brochure would be given to them during the technical sessions commencing today. However, a partner in one of the leading law firms whom CITY LAWYER met attempting to collect his conference materials was unable to do so as his name was not listed. He was advised to visit the nearby Secretariat to have his name tag printed to enable him collect the materials.

One of the aides also told CITY LAWYER that they had a hectic time processing delegates on Friday. This may not be unconnected with the fact that all delegates in the five branches in Lagos were repeatedly urged by the organisers to endeavor to collect their conference materials on Friday.

While the Technical Committee on Conference Planning (TCCP) had deployed many channels to publicize the AGC programme, indications emerged at the weekend that some communication gaps persisted. For instance, some members of the TCCP had to escalate posts on several whatsApp platforms to alert delegates that they need not wear wig and gown to the AGC Thanksgiving Service which held at the Cathedral Church of Christ, Marina, Lagos. Wrote Chukwuka Ikwuazom, TCCP member and former NBA Lagos Branch Chairman: “Good evening colleagues, following inquiries from members about the dress code for the Church service, we wish to clarify that members are not required to wear their wig and gown to the service. Many thanks.”

This challenge also manifested in relation to the Welcome Cocktail hosted by the Chief Judge of Lagos State, Justice Kazeem Alogba. As feelers of a change of venue filtered in, one Azeezat Omolara quipped: “So the welcome cocktail venue has been changed from City Hall to Harbour Point which is better 7pm today (sic). Any confirmation for the above?”

In fact, a delegate called CITY LAWYER to complain that he was at City Hall for the event but met the place under lock. A post had however trended earlier in the day stating that “Please be informed that the NBA Conference Cocktail venue has been moved to Harbour Point by 5pm today.”

If the change of venue caught some delegates napping, the Welcome Cocktail itself left a sour taste in the mouth of many delegates. Comparing it with similar events, Omoniyi Onabule said that “Lagos Bar does better cocktail,” adding: “Na water men de sip. I haven’t seen this in my life.”

Another delegate Oliver Omoredia said: “Drinks finished before anything started. Nawa for this cocktail. May the rest of the events not be like this cocktail.” Yet another delegate, Awoyomi Damilola added cryptically: “I was disappointed.”

However, Omoredia urged the delegates to move over to the Friendship Centre – which was unveiled after the welcome cocktail – to shrug off their disappointment. His words: “Friendship centre was more like it!!! Bovi is so funny.”

Held at the high-profile Eko Convention Centre of the Eko Hotel & Suites, the opening ceremony was attended by heavyweights in the legal sector including the Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad; newly re-appointed Attorney-General & Minister of Justice, Mr. Abubakar Malami; International Bar Association President, Mr. Horacio Bernardes Neto and several Bar Leaders. This was followed by a surfeit of breakout sessions.

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.

AGC: ‘WHY WE CAN’T RELEASE RATES NOW’

  • Prof. Ajayi is not a paid consultant

There are strong indications that the inability of the Nigerian Bar Association (NBA) Technical Committee on Conference Planning (TCCP) to agree on the rate for international delegates at its last meeting in Lagos is delaying official release of the fees for the 2019 Annual General Conference (AGC).

An impeccable source within the TCCP told CITY LAWYER at the weekend that the need to attract more international delegates to the conference has necessitated more brainstorming on the matter.

“We want to attract more African delegates to the conference,” he said. “Some stakeholders are of the view that the proposed $500 rate is rather high and may discourage international participants. So, we are still consulting on the appropriate rate. That is why we cannot release the AGC rates now.”

Given that $300 is now the advertised rate for international delegates, it was unclear at press time whether the debacle over the fee for this category of participants has now been resolved.

According to the ranking TCCP member, other rates have however been agreed upon by the committee. “The committee resolved to address the fears of lawyers,” he said. “This led to very lively brainstorming among committee members and made the meeting to be long drawn.” NBA President, Mr. Paul Usoro SAN had while inaugurating the committee assured delegates of a “pocket-friendly” conference.

CITY LAWYER had reported that there was anxiety among the legal community on a possible hike in AGC fees as the committee met last Thursday.

The TCCP member however told CITY LAWYER that the committee would retain the 2018 rates, even as 25% discount has been extended to 1-10 years post-call lawyers on early bird rates to allay fears of a prohibitive AGC fees regime. The advertised rates on the 2019 AGC website are as follows:
1-5 years – ₦20,000.00
6-10 Years – ₦30,000.00
11-15 Years – ₦40,000.00
16-20 Years – ₦60,000.00
Above 20 Years – ₦100,000.00
Senior Advocates of Nigeria, Honourable Attorneys General, Benchers – ₦200,000.00
Magistrates – ₦50,000.00
Honorable Justices, Honorable Judges, Grand Khadis, Khadis – ₦75,000.00
Senior Citizens (Lawyers age 75 years and above) – ₦50,000.00
Non-Lawyers – ₦100,000.00
International Delegates – $300.00

When discounted for the early bird window, lawyers of 1-5 years post-call will pay N15,000 while those with 6-10 years post-call will pay N22,500.

Asked whether the rates are commensurate with the AGC package, the committee member answered in the affirmative. He said that apart from the huge overhead cost in delivering a world-class conference, each delegate would be given a “convertible, all-purpose” conference bag containing flash drive, charger, calendar “and other freebies.” CITY LAWYER also gathered that the committee is negotiating with some manufacturers and outlets to avail delegates with shopping vouchers with which to purchase items at discounted rates. “We want the delegates to have a feel of this year’s conference,” he emphasized. “But I can tell you that tablets are gone for good.”

“This is the first TCCP that has two chairmen,” he added. “This is informed by the need to deliver a world-class conference and ensure that members do not have any complaints whatsoever.” It is recalled that former NBA Section on Business Law (NBA-SBL) Chairman, Mr. Olumide Apata was recently co-opted into the committee. He was not in the original 42-member committee inaugurated by Usoro on January 18, 2019. The NBA-SBL has carved a reputation for organizing seamless conferences.

The TCCP member said that registration for the AGC would commence this month, even as he assured that the draft budget is ready and would be presented to the next NBA National Executive Committee (NBA-NEC) meeting in June for approval. This is notwithstanding the “anticipatory approval” given to the committee at the last NBA-NEC in March.

On the controversy surrounding the appointment of Eventful Nigeria Limited as the “event planner” for the conference, the committee member argued that no member raised eye brows when the matter was discussed by the committee, adding: “Even when we asked the lady (Eventful) to leave the meeting briefly, nobody raised any issue. If any member had issues with the appointment or had special skills that would have made such appointment unnecessary, he or she should have said so when the matter was debated. That would have even led to more cost efficiency. However, we are lawyers; we are not event planning experts.”

Also speaking on the concerns being raised on the appointment of former TCCP Chairman, Prof. Konyinsola Ajayi SAN as a “consultant” to the committee, the member said the controversy was unnecessary. “The fact is that no TCCP member is being paid,” he said. “In fact, we use our own money to fund the activities of the committee, paying for our flight tickets and lodging among others. This is not in the public domain.

“Prof. Ajayi is not a paid consultant. It was decided that due to his privileged status as a former TCCP Chairman, he should be given a special title as ‘consultant.’ That is all. How much can you pay such a person?”

It is recalled that Usoro had while inaugurating the committee said: “The composition of this year’s AGC TCCP comes with some innovations and exciting bonuses. First is the selflessness of all the Committee members. I spoke with each of the 42 members and they all committed to serve on the Committee at minimal, if any, cost to the National NBA purse as it relates in particular to their transport and accommodation for Committee meetings. That is exemplary, and I cannot thank them enough for this commitment and sacrifice.”

This year’s conference, the 59th edition, is scheduled to hold between 23rd and 29th August, 2019 at Eko Hotel & Suites as well as Harbour Point, Ikoyi. The theme is “Facing the Future.” A provisional AGC programme has been uploaded on the conference website. However, the accommodation details are still reflecting the schedule for the 2018 conference held at Abuja.

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.

AGC: FEAR GRIPS LAWYERS OVER FEES

  • AS TCCP MEETS TODAY

There is palpable anxiety within the legal circles as the Technical Committee for Conference Planning (TCCP) meets today to determine the fees for this year’s Annual General Conference (AGC).

The “proposed fees” which were presented to members of the Nigerian Bar Association (NBA) National Executive Committee (NEC) at their meeting in March have been viewed by many lawyers as prohibitive. The TCCP also seems divided on the appointment of a Consultant and an Event Planner for the flagship conference.

CITY LAWYER gathered that till date, the committee has been working without a budget, even as it continues to make payments for some of the AGC activities.

According to a member of the committee who spoke on condition of anonymity, “I can tell you unequivocally that there is no budget yet at the TCCP. There is also no information on the package for which the AGC fees have been proposed. This issue was raised at the March NEC Meeting but till date, nothing has been done.”

The TCCP member said that “part payment” has been made for EKO Hotel & Suites which is the main venue for the AGC. Other venues being considered to host some AGC events are Nigerian Law School and the highbrow Harbour Point in Ikoyi.

Querying the appointment of a “Consultant” for the conference, the member said that the NBA “has never used a consultant to organize its AGC,” adding, “What is the fee for the consultant?” Prof Konyinsola Ajayi, SAN was appointed “Consultant” by NBA President, Mr. Paul Usoro SAN. The member stated that the Consultant has been sparsely attending TCCP meetings.

The TCCP member also carpeted the committee for hiring an “event planner” for the conference, saying that former NBA General Secretary, Chief Phillip Umeh kicked against the plan during the March 28, 2019 NEC Meeting in Abuja. “We have colleagues who can discharge these duties,” the member said. “But instead TCCP is using an event planner.” Eventful Nigeria Limited is the designated event planner for the conference. It has been alleged that such event planners are often used as conduits to siphon AGC funds. The allegations remain unproven.

The member stated that it was such alleged profligacy that led to the current NBA debt over-hang in excess of N50 million, with AGC arrears forming the bulk of the debt. It is also recalled that NBA is yet to redeem the 2018 AGC Raffle Car Prize won by Rabiu Ayuba, a lawyer.

Asked whether the appointment has been firmed up, the member said: “The event planner has been attending meetings, thereby siphoning NBA’s scarce resources. Everything is shrouded in secrecy.”

Reputed as the largest gathering of lawyers on the African continent, the AGC has often been beset by hiccups and occasional scandals. The NBA does not seem to have gotten a handle on the logistical nightmares posed by its flagship conference, with the result that every succeeding year has witnessed a litany of complaints by participants.

CITY LAWYER recalls that former NBA presidential candidate, Prof. Ernest Ojukwu (SAN) had in a May 14, 2018 letter to former NBA President Abubakar Mahmoud (SAN) called for a reduction in the 2018 AGC fees. He wrote: “At the NBA NEC meeting Kano, all the speakers (including me) spoke in support of a reduction of the conference fees and Mr. President graciously directed the TCCP not to impose fees more than that of 2017.

“Mr. President may need to guide the TCCP further on this especially on the amount to be paid by lawyers under 10 years for the early bird. There is need to review the rate of 2017 further down especially as members have rejected the use of tablets for the 2018 conference. While everything should be done to support a high standard conference, everything must also be done to reduce the burden on members. Our members are really seriously complaining.”

According to the proposed schedule of fees, lawyers who are 1- 5 years post-call are to pay a humongous N25,000 for early bird; N40,000 for regular fee and N60,000 for late fee. For 6-10 years, the fees are N35,000 for early bird; N50,000 for regular and N80,000 for late fee.

Lawyers who are 11-15 years post-call will pay N50,000 for early bird; N65,000 for regular and N90,000 for late fee. For 16-20 years post-call, the fees are N70,000 for early bird; N85,000 for regular and N100,000 for late fee, while for 20 years post-call, the fees are N100,000 for early bird; N150,000 for regular and N250,000 for late registration. For Senior Advocates, Attorneys-General and benchers, a flat N250,000 applies.

The inability of TCCP to generate a budget upon which expenditures are made seems to be a recurring decimal. Regarding the 2018 AGC, Ojukwu, a former Deputy Director-General of the Nigerian Law School, wrote: “Mr. President expressed surprise during his remarks at the NEC meeting that the TCCP did not submit a budget for the conference. It would be very necessary that this anomaly be rectified as an urgent action Sir to conform to Section 21(c) of our constitution and the principle of openness, transparency and accountability. In fact it is only by providing a budget shall we be able to assess the conference costs by determining what is necessary and reasonable cost we must incur at this time of members’ serious economic difficulties.”

Ojukwu had also queried the absence of the accounts for the 2017 AGC, saying: “At the Uyo NEC meeting of November 2017, the TCCP Report of the Annual General Conference was deferred to the next NEC meeting. See the Para 9.1 of the NBA NEC minutes of 28th Feb-2nd March 2018 at Ilorin.

“That 2017 account was not rendered at the Ilorin NEC or at the recent Kano NEC. It seems to me that this is a fundamental omission. I missed the matter earlier otherwise. I would have drawn your attention to it.”

A source told CITY LAWYER that there are no records at NBA House on the 2017 and 2018 AGC. But there are strong indications that the 2018 AGC Committee led by Mr. George Etomi presented accounts showing that N1.2 Billion was spent on the conference.

An attempt by Ajayi to present the 2017 AGC Report at Uyo NBA-NEC was truncated as NEC members demanded a more detailed breakdown. CITY LAWYER however learned that the accounts ran into troubled waters when Ajayi discovered that some National Officers who were also TCCP members allegedly incurred over N70 million hotel bill on “Bar Leaders,” claiming that was “the tradition.” The source said that while about N1.4 Billion was raised by the committee, the bulk of which was through Ajayi’s goodwill and hands-on marketing, the entire sum was allegedly frittered away. Ajayi was said to have sought a budget ceiling of N800 Million, with the remainder ploughed into NBA coffers. It was unclear at press time whether this has stalled the report. A member of the 2017 TCCP committee however told CITY LAWYER that members never made input into the draft committee report as it was not circulated to members.

The AGC fees were first jerked up in 2017 by almost 100%, with young lawyers who hitherto paid N8,000 compelled to pay N20,000 as “early bird” fee prior to a reduction by the NBA-NEC. Onsite registration was pegged at N25,000 for young lawyers. The hike was attributed to the introduction of tablets as a part of the AGC package. But some lawyers claimed that the tablets were of inferior quality. 2018 fees saw young lawyers in year 1-5 bracket cough out N20,000 each. Unlike 2017 when tablets were dangled as a bait, no such package was included. N25,000 has been proposed by TCCP for young lawyers for this year’s registration, even as the package remains unknown. However, the AGC portal http://nbaconference.com/loader/register_home.php records N20,000 as the early bird fee payable by young lawyers. But registration is yet to commence. 6-10 years post-call fee is N30,000 and 11-15 years post-call fee is N40,000. 16-20 years post-call is pegged at N60,000 while above 20 years post-call is set at N100,000. Senior Advocates of Nigeria, Honourable Attorneys, General Benchers are to pay an early bird fee of N200,000 while Magistrates pay N50,000. Honorable Justices, Honorable Judges, Grand Khadis, Khadis will pay N75,000 while another category tagged “Senior Citizens (Lawyers age 75 years and above)” is to pay N50,000. This category was introduced in 2017.

While inaugurating the 42-member AGC committee, Usoro had especially assured that the AGC fees would be “pocket-friendly.” His words: “In my discussions with the Committee, I have impressed on them the expectations of our members for the best and most memorable Conference in 2019, both in terms of content and in being pocket-friendly vis-à-vis the conferees and the Conference output. I have in that wise extracted the commitment of the Committee, through its Chairman, that the 2019 AGC will live up to those billings. As National Officers, we are mindful of the promises that we made to our members in my Inaugural Address and we shall strive to keep and live by those promises in the planning and hosting of the 2019 AGC.”

He also emphasized that the NBA-NEC must approve all the activities of the committee, saying: “The Committee would report directly to me and would, as required obtain specific approvals from NEC for its assignments.”

NBA Publicity Secretary Kunle Edun again echoed this commitment in a press release when he said: “At the last NEC meeting of the NBA held in Abuja in Abuja on 28/3/2019 the TCCP Chairman presented the Committee’s report to NEC. NEC approved the report and members will be advised soon on the conference fees, which would be pocket friendly.”

The TCCP is chaired by renowned lawyer, Mr. Gbenga Oyebode MFR. It remains to be seen whether the committee will retain the current regime of fees even in the absence of any significant package for conferees and in light of shrinking opportunities for lawyers.

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.

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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.

USORO, OBI-OKAFOR MOURN OLOWOKURE

Nigerian Bar Association (NBA) President, Mr. Paul Usoro (SAN) and former NBA presidential candidate, Chief Arthur Obi-Okafor are among the Bar leaders who are mourning the sudden demise of veteran Bar activist and former Chairman of NBA Kaduna Branch, Mr. Olumuyiwa Olowokure.

Popularly known in Bar circles as “OO” in line with his initials, Olowokure was considered by many as a consummate Bar-man and a much-sought-after strategist especially in relation to Bar politics.

During the last NBA Elections, he pitched his tent with Obi-Okafor and was one of his ‘Returning Officers’ during the poll. In particular, he was known for his cerebral disposition and integrity, as his support for any particular candidate never wavered.

In a statement signed by NBA Publicity Secretary, Mr. Kunle Edun, Usoro described Olowokure as “an active bar man who featured prominently in the activities of the Nigerian Bar Association as a former Chairman of NBA Kaduna branch and member of the National Executive Committee of the NBA for several years.”

On his part, Obi-Okafor described Olowokure as “an astute Bar man, a personal friend and confidant.” In his tribute titled “O. O. Olowokure’s Demise: A Good Man Bids Goodbye,” Obi-Okafor said that Olowokure “will be remembered as a detribalized and consummate Bar man with the midas touch.”

Below are the statements by the Bar leaders:

NBA MOURNS THE DEMISE OF QUINTESSENTIAL BAR MAN, OLUMUYIWA OLOWOKURE

Moments ago the sad news of the sudden demise of Olumuyiwa Olowokure Esq reached the President of the Nigerian Bar Association, Paul Usoro, SAN and the National Officers. It was shocking and saddening.

Mr. Olowokure was an active bar man who featured prominently in the activities of the Nigerian Bar Association as a former Chairman of NBA Kaduna branch and member of the National Executive Committee of the NBA for several years. He was also the Kaduna State Co-Ordinator of Swift Count. Olumuyiwa Olowokure served the bar in many other capacities and made positive contributions to the development of the bar throughout his more than 3 decades of practice. He contested for the office of the General Secretary of the NBA in 2012.

On behalf of the National Officers, the NBA President condoles with members of the Nigerian Bar Association, particularly the leadership and members of NBA Kaduna branch and the family of our dearly loved colleague, over this very sad loss.

The NBA President prays that the almighty God will grant the family the fortitude and grace to bear this loss and grant our dear colleague a peaceful rest in the bossom of the Lord.

Kunle Edun
National Publicity Secretary, NBA

O.O. Olowokure’s Demise: A Good Man Bids Goodbye.

It is with a heavy heart and sense of great loss that I join family, friends and associates in mourning the untimely demise of a one time Chairman of the Kaduna branch of the Nigerian Bar Association (NBA), Olumuyiwa O. Olowokure Esq, who passed on to eternal glory yesterday afternoon after a brief illness.

O.O. as he was fondly called was an astute Bar man, a personal friend and confidant. As the head of my Technical Team during the 2018 NBA elections, I found in him a loyal, dedicated, dependable and committed ally who committed his time, energy and resources into my project to lead our noble association.

O.O. will be remembered as a detribalized and consummate Bar man with the midas touch who during his tenure as Chairman of Kaduna branch of the NBA hosted one of the most successful conferences in the history of the association. He believed in excellence and brought same to bear in all he did.

His sudden exit leaves a great vacuum that will be difficult to be filled. O.O. was a good man and my sincere prayers is that the Almighty grant his family, friends colleagues and members of the Kaduna branch of NBA, the grace to pass through this dark hour and may the soul of the deceased find eternal rest in the bosom of the Almighty.
Adieu O.O. Olowokure Esq till we meet to part no more.

Arthur Obi Okafor (SAN).

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NBA ELECTIONS: EFCC GRILLS MAHMOUD, YADUDU TODAY

The last may not have been heard on the controversial Nigerian Bar Association (NBA) Elections as the Economic and Financial Crimes Commission (EFCC) will today grill former NBA President, Mr. Abubakar Mahmoud SAN and Electoral Committee of the NBA (ECNBA) Chairman, Prof. Auwalu Yadudu on their roles in the elections. Also to answer queries from a battery of EFCC operatives is ECNBA Secretary, Mr. Bolaji Agoro.

According to an impeccable source who is familiar with the investigation, though the EFCC operatives had earlier scheduled to interview the trio before now, they had requested that the interviews be done in Abuja.

“EFCC turned down the request,” the source told CITY LAWYER. “Instead, it opted to reschedule the interviews to Friday, 24th January, 2019.”

CITY LAWYER also gathered that the anti-graft agency has invited over 50 other lawyers from several NBA branches to its office in its bid to unravel allegations of rigging and sundry infractions during the elections. The investigation is being conducted by EFCC’s Cybercrime Unit.

It is recalled that the EFCC had barely a month after the elections requested a certified true copy of the list of eligible voters for the poll from CHAMS Plc, one of the ICT firms that conducted the elections.

In a letter to the ICT company dated 10th September, 2018 with reference number CR:3000/EFCC/LS/STF/STF3NBA/VOL.7/382, the EFCC stated: “This commission is investigating a case of conspiracy and Cyber Crime in respect of the above-mentioned election featured.”

Signed by its Zonal Head, Mr. Akaninyene Ezima and titled “Investigation activities, Re: 2018 Nigeria Bar Association elections,” EFCC stated that the request was made pursuant to Section 38(1) of the Economic and Financial Crime Commission (Establishment) Act, 2004 and Section 21 of Money Laundering (Prohibition) Act, 2011 as amended.

In the letter to the managing director of CHAMS Plc, the anti-graft agency further stated: “In view of the above, you are requested to avail us with certified true copy of the list of all eligible voters to include but not limited to Name(s), Phone Number(s), Email Address(es), Branch(es) and Voters ID.

“Any other information that may assist the Commission in its investigation.”

Mr. Paul Usoro SAN was declared elected as NBA President by the ECNBA. Usoro polled 4, 509 votes to beat Chief Arthur Obi Okafor SAN who scored 4, 423 votes while Prof. Ernest Ojukwu (SAN) polled 3, 313 votes. Both Obi Okafor and Ojukwu rejected the results, alleging that irregularities marred the elections.

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GADZAMA’S SUIT: WILL COURT SACK USORO TODAY?

Chief Joe-Kyari Gadzama SAN will today know the outcome of his lawsuit challenging the election of former Nigerian Bar Association (NBA) President, Mr. Abubakar Mahmoud SAN.

Justice Olukayode Adeniyi of the High Court of the Federal Capital Territory (FCT) had at the last adjourned date set down today to deliver judgement in the long-drawn matter following the adoption of final written addresses by the parties.

Today’s judgement is being watched keenly by many in the legal circles, as it may affect the tenure of current NBA President, Mr. Paul Usoro SAN should the court rule in Gadzama’s favour. It is recalled that Mahmoud has concluded his tenure, thus the argument by the defendants that the suit has become academic. But the plaintiff argues otherwise.

Also, depending on the judgement, there may be implications for the controversial NBA Constitution going forward.

The case had suffered a setback when Gadzama appealed a ruling by then trial judge, Justice Y. Halilu. The Notice of Appeal stated that the appellant was seeking “an order setting aside the decision of the High Court of the Federal Capital Territory contained in the ruling delivered by Hon. Justice Y. Halilu dated 8th November, 2016.”

Gadzama also sought “An order directing the consolidation of all pending preliminary objections/applications filed by the Defendants/Respondents with the substantive suit in this matter” as well as “An order directing accelerated hearing of the matter at the High Court of the Federal Capital Territory.”

“Having regard to the insinuation made by the trial judge that the Appellant’s case was unworthy or fruitless deserving of being nipped in the bud,” the appellant also seeks “an order of this Honourable Court directing the Chief Judge of the High Court of Federal Capital Territory, Abuja to transfer the suit to another judge of FCT High Court for the hearing of all pending preliminary objections along with the substantive suit.”

The appeal was however withdrawn while the matter was also remitted back to Justice Adeniyi who handled it originally before proceeding on vacation.

Though the NBA leadership had at the pre-National Executive Committee Meeting in Port Harcourt set up a 5-member committee to reach out to Gadzama towards amicable resolution of the electoral debacle, the move proved abortive. Members of the committee were Chief Onomigbo Okpoko, SAN (Chairman); former NBA presidents Chief O. C. J. Okocha, SAN and Dr. Olisa Agbakoba, SAN; former NBA General Secretary, Mr. Yinka Fayokun and Lagos-based lawyer, Mr. Mbanugo Udenze who doubled as Secretary of the committee.

It is recalled that Mr. Darlington Onyekwere had at the last adjourned date adopted the Claimant’s final written address and urged the Court to grant the reliefs sought. He appeared with a team of lawyers for the claimant.

While Miss Christabel Ndeokwelu appeared for the 1st Defendant, the 2nd to 6th Defendants were represented by Mr. Abdulrasheed Usman. Mr. Ede Uko represented the 7th Defendant (Grace Infotech Limited) while Mr. A. A. Malik appeared for the 8th Defendant. Mrs. R. U. Edibo appeared for the 9th defendant.

The defendants however argued that the case had become academic, while the claimant’s counsel posited that a matter does not become academic merely because the act or conduct which gave rise to the action had been concluded. He cited the case of Plateau State v. AG Federation (2006) 3 NWLR (Pt 967) and Peter Obi v INEC (2007) 11 NWLR Part 1046 and urged the court to discount the defendants’ argument that the matter had become academic.

Malik, counsel for the 8th defendant, aligned himself with the submission of the other counsel for the defendants that the case had become academic, moreso as Mahmoud had completed his tenure. He said there was no live issue for the court to determine and that the claimant had failed to prove his case. He however urged the court to nonetheless proceed to judgement.

Gadzama had sued NBA trustees including Alhaji Abdullahi Ibrahim (SAN) CON, Chief Wole Olanipekun (SAN) OFR, Chief Thompson Joseph Onomigbo Okpoko (SAN) OON, Chief (Mrs.) Priscilla Kuye, Alhaji Murtala Aminu OFR and Chief Anthony O. Mogboh (SAN). They are listed as 1st to 6th Defendants while The Incorporated Trustees of Nigerian Bar Association is the 7th Defendant. Mr. Kenneth Mozia (SAN), Chairman of the ECNBA is the 8th Defendant while Mr. Oluwaseun Ajoba who doubles as the Secretary of the committee is the 9th Defendant.

Others are Hajia Safiya Balarabe, Mrs. Amaka Ezeno, and Mrs. Eucharia Pepple – all members of the Electoral Committee – as 10th, 11th and 12th Defendants while NBA’s ICT Partner, Grace Infotech Limited is the 13th Defendant. Mr. Augustine O. Alegeh (SAN), the NBA President , is sued as the 14th defendant while Gadzama’s opponent who was declared winner of the election, Mr. Abubakar B. Mahmoud (SAN) is listed as the 15th Defendant.

It is recalled that Mahmoud was declared winner of the election with total 3055 votes while Gadzama allegedly polled 2384 votes. But Gadzama had rejected the result, saying in his statement of claim that “contrary to the result declared by the 8th Defendant, at the close of voting, at 12:00 midnight on Sunday, 31st July, 2016, the result of the 2016 Nigerian Bar Association Election as it relates to the office/position of the President, as collated from and contained on the official voting domain/platform was as follows: Joe-Kyari Gadzama – 2,963; Abubakar B. Mahmoud -2,465.” This was as deduced by his ICT experts who conducted forensic audit of the poll.
Gadzama also wants the court to declare “that the 2016 Nigerian Bar Association Election as it relates to the office/position of the President held on 30th and 31st July 2016 under the supervision of the 8th to 14th Defendants, which purportedly produced the 15th Defendant as President, was in total violation and disregard of the mandatory provisions of the NBA Constitution 2015, Election Guidelines set down for the said Election fell short of established standards and international best practices, thereby making the said Election null, void and of no effect whatsoever.”

Aside from stating that the Internet voting mechanism, method and system adopted for the conduct of the 2016 Nigerian Bar Association Election “was not in conformity with the mandatory provisions of the NBA Constitution 2015,” the Life Bencher also impugns the Dispute Resolution Committee (DRC) as illegal and unconstitutional.

He is also seeking a “declaration that the integrity of the 2016 Nigerian Bar Association Election as it relates to the office/position of the President organised by the 8th to 14th, Defendants on 30th and 31st July 2016 which purportedly returned the 15th Defendant as President was fundamentally and incurably compromised by undue influence, overbearing, biased conduct and utterances of the 14th Defendant (Mr Augustine Alegeh SAN, President, Nigerian Bar Association) through the media and at Bar meetings before and during the Election and thereby robbed the conduct of the election of every element of impartiality, independence and transparency as required by established standards and international best practices.”

Flowing from this, the NBA presidential candidate seeks an order of court “nullifying and setting aside the 2016 Nigerian Bar Association Election as it relates to the office/position of the President held on the 30th and 31st July, 2016 which purportedly returned the 15th Defendant as the President.”

He also seeks the following orders:
“An order directing the 1st to 7th Defendants to set up a newly constituted Electoral Committee of the Nigerian Bar Association (ECNBA) which will issue Guidelines and conduct a fresh 2016 Nigerian Bar Association Election as it relates to the office/position of the President.

“An order of this Honourable Court that the 2016 Nigerian Bar Association Election as it relates to the office/position of the President should be held through Electronic voting in all branches of the NBA or at least at the three (3) zonal levels established by the NBA Constitution, 2015 and that results should be collated at branch or zonal levels and transmitted to the ECNBA Secretariat for final announcement.

“An order of perpetual injunction restraining the 8th to 12th and 14th Defendants from swearing in and/or recognising the 15th Defendant or in any way whatsoever taking steps or giving effect to the 2016 Nigerian Bar Association election as it relates to the office/position of the President held on the 30th and 31st July, 2016, whether by themselves, agents, employees, privies or anybody acting for or on their behalf based on the said Election,” and

“An order of perpetual injunction restraining the 15th Defendant, whether by himself, agents, employees, privies or anybody acting for or on his behalf, from parading himself, claiming and/or holding himself out as the President-Elect/President of the Nigerian Bar Association (NBA) based on the 2016 Nigerian Bar Association election as it relates to the office/position of the President held on 30th and 31st July, 2016.”
According to Gadzama, the elections “held in total violation and disregard of the mandatory provisions of the Constitution of the Nigerian Bar Association, 2015,” adding that while the accreditation process was repeatedly extended, “the list containing the names of the said accredited voters was never released on the election platform (website), neither was it displayed on the screen used to monitor the Election.”

He alleged that “Around 12:01 a.m. of Monday, 1st August 2016, the 8th Defendant announced the end of the election exercise. The 8th Defendant further, for the first time, introduced some persons who were said to be staff of the Independent National Electoral Commission (INEC) and he further announced that the so called INEC staff were there to audit the election result, which was ready. The 8th Defendant also announced that it will take 1 (one) hour to audit the said results.

“Contrary to the expectations of the Plaintiff’s agents, established standards and international best practices, the said agents did not see the dashboard/monitor displaying the result of the Election, even upon voting being declared closed by the 8th Defendant.

“The Plaintiff avers that the 8th Defendant, the Managing Director of the 13th Defendant and the 14th Defendant and the so called INEC staff left the Plaintiff’s poll agents and others in the Situation Room at the NBA Secretariat in Abuja, went to a separate room to ‘audit’ the results.
“The 8th Defendant subsequently came into the monitoring room while the so called auditing was still going on to announce that the auditing was almost done and that the results were to be announced in due course. He remained in the situation room until after 1a.m. when the events in the next-following paragraphs took place.

“Around after 1a.m. on 1/8/2016, Mr. Olugasa, the Managing Director of the 13th Defendant, the 14th Defendant and the so called staff of INEC came back into the monitoring room and got seated.

“After re-introduction of the so called INEC staff; and the 8th Defendant and 14th Defendant had made some speeches, Mr. Ope Olugasa (Managing Director of the 13th Defendant) was asked to display the results on the dashboard.

“But instead of using the laptop that had long been connected online to the big LG Television/Monitor in the situation room, both of which had from the beginning been used to display the limited information about the election exercise described earlier on in this statement of claim, Mr. Ope Olugasa swapped the said laptop with another laptop which contained the so called election result. The 8th Defendant then pronounced the declared results as they were displayed on the big LG Television Monitor.

“The Plaintiff’s agent recorded the scene where the Managing Director of the 13th Defendant swapped the computer that was used throughout to display the votes that were being cast on the display screen/monitor, using Samsung Smartphone GT-I9500, Galaxy S4, with serial number R21D50BP33D.”

He stated that “On Friday, 29th of July, 2016 a day to the election, the names of eligible/verified voters continued to be padded and were never published 28 days ahead of the election, contrary to the provisions of the Nigerian Bar Association constitution and electoral guidelines,” adding that instead of utilising the advertised official portal/domain, the 8th to 14th Defendants “utilised another portal/domain (http://www.nigerianbar.org.ng) for the same Election process, just to enable them manipulate the said Election.

“As a result of this deliberate manipulative step taken by the 8th to 14th Defendants, two sets of results bearing different features but having the same figures were produced from the respective portals/domains. Accordingly, printout of the so called result of the Election from http://www.nigerianbar.org.ng is also hereby pleaded; and the Plaintiff shall, at the trial, show out the said different features, beginning with the different sources (domains) of both results, as can clearly be seen on them.”
Gadzama’s legal team was led by Chief Emeka Ngige, SAN alongside Chief Bolaji Ayorinde SAN, Chief Pius Akubo SAN and Chief Sebastine Hon SAN among others.

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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.

UKIRI, FIERY BAR ACTIVIST, IS DEAD

Firebrand Bar Leader and former Nigerian Bar Association (NBA) 1st Vice President, Mr. Emonena Blessing Ukiri is dead.  Continue Reading

‘STEP ASIDE NOW,’ OJUKWU TELLS USORO

Nigerian Bar Association (NBA) chieftain, Prof. Ernest Ojukwu SAN has asked NBA President, Mr. Paul Usoro SAN to “step aside” from the exalted office and face the charges brought against him by the Economic and Financial Crimes Commission (EFCC). Continue Reading

FOI: ‘EITHER NBA GIVES ME INFORMATION OR…’ – OJUKWU

Former Nigerian Bar Association (NBA) presidential candidate, Prof. Ernest Ojukwu SAN has faulted the bar leadership for its reaction to his suit aimed to compel the NBA to accede to his Freedom of Information (FOI) Act request. Continue Reading

BREAKING: SANs THWART EFCC’S BID TO ARREST USORO

The Economic and Financial Crimes Commission (EFCC) may have failed failed to arrest Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN today. Also, the arraignment earlier scheduled for today could not hold. Continue Reading

BREAKING: FRAUD CHARGE – USORO SHUNS EFCC

Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN may have called the bluff of the Economic and Financial Crimes Commission (EFCC) on service of the fraud charge on him. Continue Reading

FRAUD CHARGE: WE MUST STOP EFCC, SAYS USORO

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

BREAKING: EFCC TO ARRAIGN USORO DEC 10 OVER N1.4 BN FRAUD

The Economic and Financial Crimes Commission has filed a N1.4 billion fraud charge against the President of the Nigerian Bar Association, Mr Paul Usoro (SAN), at the the Federal High Court in Lagos.

Justice Muslim Hassan fixed December 10, 2018 for the EFCC to arraign Usoro, THE NATION reports.

The anti-graft agency, in a charge marked FHC/418c/18, alleged that Usoro, from Akwa Ibom, converted and laundered the money in connivance with the Akwa Ibom State Governor, Udom Emmanuel.

The charge sheet, signed by EFCC Counsel, Mr Rotimi Oyedepo, did not list Emmanuel as a defendant.

The EFCC indicated that he is “currently constitutionally immuned against criminal prosecution”. It did, however, mention four other defendants.

They are: Nsikan Nkan, described as Commissioner for Finance, Akwa Ibom State; Mfon Udomah, described as the Accountant-General of Akwa Ibom State; Uwemedimo Nwoko, described as the Akwa Ibom State Attorney-General and Commissioner for Justice; and Margaret Ukpe, all of whom are said to be at large.

The commission alleged that Usoro, in connivance with the others mentioned, conspired to commit the offence “sometime in 2015 within the jurisdiction of this honourable court”.

The anti-graft agency claimed that the N1.4bn belonged to the Akwa Ibom State Government.

According to Oyedepo, the offences were contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.

Though SAHARA REPORTERS wrote that Usoro was picked up yesterday and released on bail by the anti-graft body, this was disparaged by NBA Publicity Secretary, Mr. Kunle Edun who said Usoro was busy preparing to chair the NBA National Executive Committee (NBA-NEC) meeting holding tomorrow.

Reacting to a rebroadcast of the Sahara Reporters story by a legal blog, Edun said: “Pls, where did you get this information from. I have been in Abuja for the past two days. I was in Port Harcourt for SLP Conference on Monday. From Sunday till this moment I have been in contact with the NBA President.

“National officers had a meeting with him yesterday evening and left about few minutes past 12 am. I have seen Mr. President this morning. Presently he is in the office working hard preparing for NEC meeting.

“Pls, let us stop spreading false news. Away (sic) verify your facts before publishing. You could have easily reached me.
Your report is therefore false and should be retracted immediately. I hope you will also publish this refutal.”

Corroborating Edun’s account, another source who seemed abreast with Usoro’s itinerary wrote: “This is absolutely false. I was with the NBA President, Mr. Paul Usoro, SAN throughout yesterday, Tuesday, 05 December 2018 and at no point whatsoever was he arrested by the EFCC.

“The President left Abuja to Lagos on Monday, 03 December 2018, with Airpeace 1:20pm and returned to Abuja on Tuesday, 04 December 2018, with Azman 8am, for a workshop organised by the Nigerian Law Reform Commission.

“After the workshop, he was in the office (NBA National Secretariat) till about 12:03am where he had a long meeting with other National Officers of the NBA.

“Please see below, pictures of the NBA President, Mr. Paul Usoro, SAN chairing a session at the Workshop on Reform of the Value Added Tax Act, organised by the Nigerian Law Reform Commission yesterday, 04 December 2018, at Reiz Continental Hotel, Abuja.”

Former NBA Welfare Secretary, Mr. Adesina Adegbite was forced to intervene when his attention was called to the concerns generated on his whatsapp platform by the report.

He wrote: “My attention was just drawn to this by a senior lawyer and past General Secretary of the NBA.

“However, by the response of the National Publicity Secretary and as the Chief Administrator of this platform, I hereby demand an immediate retraction of this post right here on this platform.

“Pls let’s get our facts right before rushing to press with false/fake news. It does us as lawyers and our noble Association no good to tarnish its image with undignified posts like this.”

However, when a learned silk classified the report as “fake news,” fiery Bar activist, Dame Carol Ajie who recently fell out with the NBA President retorted: “You know I called owner of the link (blog) they picked my call and after listening to my question ref to confirm they said to me they have confirmed.

“You know it’s not been posted to OurCountryNigeria@yahoogroups.ca but when I see the charge sheet then I can share it. Response from Carol Ajie to my comment of ‘fake news.’ ”

As at the time of this report, the NBA is yet to issue any official statement rebutting the alleged arrest.

KILLINGS: NBA BLASTS FG, SECURITY AGENCIES

The Nigerian Bar Association (NBA) has criticized the Federal Government and security agencies for the killings that have bedeviled the legal profession and the judiciary. The NBA was responding to recent killing of a magistrate and two lawyers. Continue Reading

Ojukwu Lauds Usoro on Transparency

* Carpets Mahmoud for Appointing ZDIC Chairmen with “horrible reputation”

Former Nigerian Bar Association (NBA) presidential candidate, Prof. Ernest Ojukwu SAN has hailed NBA President, Mr. Paul Usoro SAN for publishing the financial statements for the lawyers’ body. Continue Reading

MACARTHUR GRANT: NBA, ‘MURRAY’ IN FIERCE BATTLE

• Lawyers’ Body Fails to Submit Report
• Program Officer Calls for Probe
• Usoro regime has damaged NBA brand – Murray
• Says Usoro resiled from pledge to Mahmoud
• ‘We spent only about N100 Million’ Continue Reading

NBA DEBT OVERHANG: PROBE MAHMOUD, MURRAY DARES CRITICS

Mr. Muritala Oladimeji Abdul-Rasheed, Chief of Staff to former Nigerian Bar Association President, Mr. Abubakar Mahmoud SAN, has asked critics to probe the outgone administration, saying the regime has nothing to hide. Continue Reading

INDEPENDENCE: NBA WARNS AGAINST ANARCHY

The Nigerian Bar Association (NBA) has warned the political class not to plunge the country into chaos, especially as the 2019 General Election approaches. Continue Reading

My NBA Presidency Roadmap, By Usoro

• SAYS ‘IT’S A NEW AND MOST PROMISING DAY’
• MANY DISTRUST NBA LEADERSHIP
• ELECTIONS HAD HITCHES AND GLITCHES
• I WILL SET UP ELECTORAL REFORM COMMITTEE
• I SHALL REACH OUT TO OJUKWU, OBI OKAFOR, GADZAMA
• TRANSPARENCY. ACCOUNTABILITY OUR WATCHWORDS

Mr. Paul Usoro SAN was today sworn in as the 28th President of the Nigerian Bar Association (NBA) at a colourful ceremony in Abuja. Continue Reading

PRESIDENTIAL INAUGURATION: Usoro, Obi Okafor Camps in Cat and Mouse Game

* Inauguration Venue Uncertain

* ‘We will not storm the venue’ – Okutepa

* Defendants May be Cited for Contempt of Court

There are strong indications that the camp of Nigerian Bar Association (NBA) President-elect, Mr. Paul Usoro SAN may have engaged in a hirewire cat-and-mouse game to forestall any last-ditch moves by defeated NBA presidential candidate, Chief Arthur Obi Okafor SAN to truncate the inauguration ceremony scheduled for today. Continue Reading

WORLD EXCLUSIVE: Audit Will Not Alter Election Results – Yadudu

Any hopes by defeated candidates in the recent Nigerian Bar Association (NBA) National Officers Elections that an audit will upturn the outcome of the elections has been dashed by the Electoral Committee of NBA (ECNBA) Chairman, Prof. Auwalu Yadudu.

It is recalled that a presidential candidate in the elections, Chief Arthur Obi Okafor SAN had specifically requested an audit of the elections as a pre-condition to cooperate with NBA President-elect, Mr. Paul Usoro SAN.

But Yadudu while responding to enquiries by CITY LAWYER, foreclosed any possibility that the audit will reverse the election results as declared by the ECNBA.

His words: “A post election audit will be carried out as promised. However, it is not to validate or invalidate the result announced.”

This is bound to rattle some of the candidates who are hoping that the planned audit may void some of the results declared by the ECNBA.

Asked to respond to allegations by Okafor and Prof. Ernest Ojukwu SAN, the two other presidential candidates, that the elections were riddled with rigging among other infractions, the ECNBA Chairman declined comment, saying: “Sorry l cannot comment on views by others about or in any matter pertaining to (the) election.”

When CITY LAWYER asked the veteran law teacher for suggestions on electoral reforms, he also side-stepped the issue, saying: “These are matters that will go into (our) report. So it will not be proper to address (same) in the press.”

He however noted that the NBA National Executive Committee meeting which held yesterday did not ratify the outcome of the elections but merely the change in date. His words: “NEC did not ratify the election. It ratified the timing by which the ECNBA held the election in August instead of July.”

It is recalled that CITY LAWYER had in an exclusive report revealed that Usoro is a co-director at Access Bank Plc with Dr. (Mrs.) Ajoritsedere Josephine Awosika, the first female Chairman of CHAMS Plc. CHAMS was originally hired by the ECNBA as its sole ICT Partner for the elections. It eventually deployed its voting portal for the elections.

The CITY LAWYER report had raised concerns on the integrity of NBA’s electoral process and the ability of the ECNBA to deliver free, fair and credible elections.

Following petitions by candidates and a flurry of meetings, outgoing NBA President, Mr. Abubakar Mahmoud SAN had initiated several electoral reforms to reassure stakeholders.

In a press statement dated July 21, 2018 Mahmoud had promised that an audit of the elections will be carried out.

His words: “The ECNBA will develop a post-election audit framework and process and may engage an independent entity for that purpose.”

Usoro was declared winner of the hotly contested poll on August 20, three weeks after the initial date set for the conclusion of the elections.

Both Okafor and Ojukwu rejected the results, alleging rigging and other electoral infractions.

Though the elections were conducted in August as against July specified in the NBA Constitution, the NBA-NEC yesterday ratified the shift in date, clearing the way for Usoro to be sworn-in as the 29th NBA President.

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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.

What Usoro Told Obi Okafor, Ojukwu

Nigerian Bar Association (NBA) President-elect, Mr. Paul Usoro SAN had written to his co-contestants for NBA Presidency, seeking their cooperation towards a successful tenure.

The letter, which was copied to all NBA current and past presidents, has generated much furore.

Below is the controversial letter as obtained by CITY LAWYER:

On ‎Friday‎, ‎August‎ ‎24‎, ‎2018‎ ‎02‎:‎33‎:‎36‎ ‎PM‎ ‎WAT, Paul Usoro, SAN <paul@xxxxxx> wrote:

Dear Current and Past Presidents

On second thoughts, I decided I should make you privy to my self-explanatory mail below to my brothers, Ernest and Arthur. It would be my joy to work with both of them for the common good of the NBA and I respectfully and most humbly implore you to join voices with me to intercede and direct the three of us towards that common goal, in the terms of my mail to them. I thank you all and pray for Divine blessings and protection for you and your families.

Best

Paul Usoro, SAN
Senior Partner

From: Paul Usoro <paul@xxxxxx>
Date: Friday, August 24, 2018 at 1:59 PM
To: “Arthur Obi Okafor, SAN” <arthur@xxxxxx>, Ernest Ojukwu <ernestojukwu2@xxxxxx>
Subject: Nigerian Bar Association

My dear brothers Ernest and Arthur

Soon after the NBA Elections last Monday, 20 August 2018 I called both of you (same day in regard to Arthur and on Wednesday, 23 August 2018 in regard to Ernest) but you both must’ve been busy and couldn’t take my calls. I also left WhatsApp messages on your phone but again, your schedules may not have permitted you to revert. I had intended to use my calls to reach both of you and solicit your support for my running of the NBA, post the elections; not having reached you nor heard from you, I thought it wise not to wait any further but to articular my thoughts vide this e-mail.

Let me start by first stating that I fully understand your respective feelings and belief that you and not me should’ve won the NBA Presidential election. I probably would’ve felt the same way, perhaps, not as heated, if I had lost. I’m however reminded of the fact that, win or lose in an NBA election, we, the three of us, remain learned friends, brother Silks and kinsmen from Eastern Nigeria. Those are strong unbreakable bonds that NBA election, win or lose, should not and must not put asunder. Indeed, a win by any of us ought to have been and should be seen as a win for all of us, given those bonds that I’ve listed. It is in that spirit that I’m truly and earnestly extending my hands of brotherhood to both of you and appealing that we sheath swords and join hands in reshaping the NBA into an institution that we all can take pride in.

In truth, beyond the bonds of friendship and brotherhood that I’ve highlighted above, there’s a lot more that binds us together as far as the NBA is concerned. By virtue of our ranks, we’re all leaders of the profession and each of us is eminently qualified to lead the Bar – at least, that’s what I believe in regard to you two. Indeed, our Election Manifestoes shared some common features with the difference being only in the modalities and strategies for achieving those common objectives. Our three Manifestoes, for example, talked about welfare issues for lawyers, not least, the young lawyers, we all talked about an inclusive Bar where there’ll be standing room for all lawyers irrespective of gender, age, ability/disability etc. and we also talked about giving voice to the voiceless and the promotion of the rule of law, amongst others.

These and much more were our common agenda items during the elections and I believe that the Bar will be greatly enriched if we were to join hands to achieve these and several other goals that we so beautifully articulated in our respective Manifestoes. Just think of it: can you imagine what pride we bring to Eastern Nigeria and indeed the profession if we were to work together along these lines, and, God being on our side, we achieve great things for the NBA during my tenure as the President of the NBA? In two years, we’ll jointly be the toast of the Bar and indeed of Nigeria if we seize this moment. I truly request you to think of my proposition even as I look forward to the opportunity of sitting with you, jointly or separately, to advance and flesh out such a course while harmonizing our thoughts in that regard.

I thank you for taking the time to read this “epistle” and look forward to an indication from you on the convenient time that I may call you, respectively, to advance discussions on these matters. Meanwhile, please, feel free to reach me by sms or whatsapp or e-mail. Do have a restful weekend and see you at the AGC.

Best

Paul Usoro, SAN

Senior Partner

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Ojukwu Raps Usoro, Says ‘Only Truth Will Heal NBA’

A presidential candidate in the just concluded Nigerian Bar Association (NBA) National Officers Elections, Prof. Ernest Ojukwu SAN has carpeted NBA President-elect, Mr. Paul Usoro over his olive branch to the law teacher.

In a response to recent a letter by Usoro urging Ojukwu to put the controversies arising from the NBA Elections behind him, the former Nigerian Law School chieftain stated that senior lawyers were the problem bedevilling NBA governance.

Ojukwu, in the letter made available to CITY LAWYER, also warned that only truth will save the Bar from extinction.

The letter reads:

Dear PAUL,

YOUR LETTER IS IN BAD FAITH

I regret to state that your letter written jointly to me and Mr Okafor was written in bad faith.

You commenced your letter with a claim that you called me and that I did not take your call. When I refuted this claim, you posted a WhatsApp log where you stated that you called and that my telephone was switched off. If this was true that my telephone was switched off, on what basis did you then claim that I did not take your call? If you had made an honest mistake, the natural thing would be to apologise for that but instead in trying to defend the defenseless, you posted a WhatsApp log and intentionally included an unrelated private chat we had early in the year. In character you did not also show the entire discussion of that unrelated chat.

On 23rd August 2018 my telephone was on and assuming that you had called once and you could not connect, would it not have been a natural thing to make further attempts to call? But instead you wrote your email letter on 24th August at 1.59pm stating that you called me and I did not take your call.

In addition you published the letter on the media within 30 minutes of sending the email, and copied past NBA Presidents within 1.5 hours.

May I reiterate that the NBA elections and governance is not a personal issue to me. I have dedicated most of my adult life outside my mainstay to the development of the legal profession and the bar. I did not do those works as the leader of the Association. There is nothing that will prevent me from contributing as much as I can while I exist. It is a passion and calling for me. NBA is not an employment or political thing for me. There is therefore no reason to “appeal” to me “to sheath swords and join hands in reshaping the NBA into an institution that we all can take pride in.” Paul, you owe me no duty or responsibility for what happened at that elections. Mr Arthur Okafor, President AB Mahmoud, Prof Yadudu and ENCBA owe me no duty or responsibility. You all owe that duty and responsibility to the entire bar, the legal profession, Nigeria and God. I moved on an hour after and I publicly stated that I will not contest the outcome of that charade and I am sure you read it.

I have said it before and I repeated it at the SLP Port Harcourt this year that the problem with the Bar and the legal profession in Nigeria is not laws, rules, constitution, systems and so. Our problems are our lawyers and our governance problems are mostly senior lawyers. The day our leaders decide to be honest with us, that would be the day of transformation for the bar and the profession. “One of the truest tests of integrity is its blunt refusal to be compromised” (Chinua Achebe). True integrity knows no form of derogation. Only honesty and the truth will save the BAR!

Ernest Ojukwu (TEACHER)

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NBA ELECTIONS: Usoro Wins ‘Round One’

*As NBA NEC Ratifies Election

*Saraki, Olanipekun, Okocha, Others Hail Victory

* ‘Embark on Electoral Reforms Now’

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

EXCLUSIVE: NBA ELECTION – Usoro, Obi Okafor Rigged, Says Ojukwu

A presidential candidate in the just concluded Nigerian Bar Association (NBA) National Officers Elections, Prof. Ernest Ojukwu SAN has alleged that his two rivals in the presidential bid attempted to out-rig each other during the poll.

In an exclusive interview with CITY LAWYER, the former Nigerian Law School helmsman claimed that he was the only presidential candidate that did not tamper with the electoral process, adding that the election is the “worst” conducted by NBA since 1991.

Warned that CITY LAWYER would quote him on the allegation, Ojukwu was even more emphatic, saying: “Quote me on that; hundred per cent. Both candidates corrupted the system, bribed voters with money, practice fee, and then ultimately stole people’s data and used it to vote. Quote me hundred per cent.”

Continuing, the defeated NBA presidential candidate who polled 3313 votes to trail both the president-elect, Mr. Paul Usoro SAN and Chief Arthur Obi Okafor SAN said: “I am the only person who didn’t try to rig the election. They were competing with each other on who will rig better.

“The election was rigged 100 per cent. The candidates hijacked the process from the time members were asked to verify; that’s when they hijacked the system – and stole people’s data. From the ones they paid their practice fee and the others stolen during the verification exercise. And many many people couldn’t vote because of that. Once that was done, they were competing with each other as to who will out-vote each other with stolen data.”

On his suggestions towards electoral reforms, Ojukwu said: “Nothing. Nothing. It’s not the system that is the problem; it is the human beings. So, there is nothing I can suggest to a person who is elected by a stolen mandate because he will not do a new free election. That’s why we have transited from hand-to-hand since 2012. People who emerged through a stolen system have not been able to hand over through free and fair elections. This is one of the worst elections conducted at the Bar since 1991. In fact, it is the worst. And it will have a place in infamy.”

Ojukwu restated his resolve not to challenge the result of the poll. His words: “My statement is very clear. I said I was not going to contest the election. What am I going to court to do? I said I was not going to contest it.”

On whether he would explore any internal mechanism within the NBA system, the former law teacher said: “You complain to the person who is the armed robber? How would you get the verdict? You complain to the armed robber for stealing your money? To do what? To settle between me and Paul (Usoro SAN) or between me and who?”

Reminded that the pre-Annual General Conference NBA National Executive Committee may deliberate on the debacle, Ojukwu said: “It depends on the issue that arises. That’s the only time I know what to answer – if there is any need to answer.”

The former law teacher also told CITY LAWYER that he has no plans for the future in relation to his political fortunes. His words: “I don’t have any future plan. I’m still a member (of NBA).”

It is recalled that the Prof. Auwalu Yadudu-led Electoral Committee of the NBA (ECNBA) had in the early hours of Monday, August 20, 2018 declared Usoro as the duly elected 29th president of the NBA. Usoro polled 4509 while his closest rival, Obi Okafor garnered 4423 to place second. Ojukwu placed third with 3313 votes.

The election was severally postponed due to many hiccups that plagued the process.

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Guy Ikokwu Wants NBA Election Cancelled

Veteran politician and senior lawyer, Chief Guy Ikokwu has called for the cancellation of the controversial Nigerian Bar Association (NBA) National Officers Election.

In a statement titled “TO BE FOREWARNED IS TO BE FOREARMED,” Ikokwu who has clocked 56 years at the Bar, stated that the election was “fraught with problems which had not been resolved even as at the date of the voting exercise.”

The vocal lawyer urged the Body of Benches to “fashion a more credible system for a new voting exercise for the BAR to regain its honour which is currently being subjected to unnecessary disdain and ignominy.”

Mr. Paul Usoro SAN was declared winner of the election while the defeated presidential candidates, Chief Arthur Obi Okafor SAN and Prof. Ernest Ojukwu SAN poked holes in the exercise.

The statement reads:

20th August, 2018

TO BE FOREWARNED IS TO BE FOREARMED

We all know and realize that computer systems have always been faulted or manipulated if they are left unchecked. The usual saying in reference to computers is “Garbage in Garbage out”

In the United States today the issue of computer hacking is having monumental effect on the relations between America and Russia. In America itself there is a dysfunctional relationship between the Presidency and the Senate and the House of Representatives (Congress) which has been investigating the issue of hacking of the2016 USA elections by Russian Agents. Even in the United States they have both electronic and manual voting systems. Where there is a dispute, a losing candidate can request a recount of the votes cast manually to have an exact result not subject to further disputation.

The election result of the Premier Branch of Lagos with thousands of accredited lawyers have not been subjected to any dispute in the last 10 years, because of our system of accreditation, verification and voting at the same venue, same date, and same hours with representatives of the contestants and elected experienced supervisors of the exercise.

The system is such that eligible legal voters are not disenfranchised by any system unless the lawyer does not want to vote or is not available in person.

The last NBA election 2 years ago was also fraught with e-voting problems which led to a High Court pending litigation. This current election exercise was also fraught with problems which had not been resolved even as at the date of the voting exercise which is a real shame for the legal profession in Nigeria.

I saw the dangers ahead in this exercise and had to post a warning that the BAR must utilize a system that is full proof no matter who the contestants are. The current failed system has to be challenged effectively so that we can have a credible system which combines electronic and manual accreditation of voting no matter whose ox is gored.

The current National Executive should therefore suspend any further declaration through the current malfunctioning system which may have been systematically hacked for the endorsement of the National Conference holding in Abuja. The body of benchers can be entrusted to fashion a more credible system for a new voting exercise for the BAR to regain its honour which is currently being subjected to unnecessary disdain and ignominy.

The member of lawyers disenfranchised is far greater than the merging of votes between the contestants! It must be cancelled for a proper election machinery to be set up and salvage the reputation of Nigerian lawyers! I am not bordered about who wins but about the probity of the system, its transparency and lack of manipulation and inordinate disenfranchisement.

* Chief Ikokwu, a member of NBA Lagos Branch, was admitted to the Nigerian Bar in 1962

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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BREAKING: Usoro Wins, Obi Okafor ‘Withdraws’

Mr. Paul Usoro SAN may be declared winner of the hotly contested NBA Elections, even as his closest rival, Chief Arthur Obi Okafor SAN may have withdrawn from the race, citing “surges of votes in favour of Paul Usoro SAN.”

Sources close to the ECNBA Situation Room said Usoro may coast to victory with less than one hundred votes.

Meanwhile, there are strong indications that Mr. Jonathan Taidi has won the post of General Secretary with a wide margin.

The petition by Arthur Obi Okafor Campaign Directorate reads:

20th August 2018
The Chairman
ECNBA
NBA Secretariat
Abuja

Dear Sir

This is to inform you that having reviewed the events leading up to and during the elections Arthur Obi Okafor SAN states categorically that he withdraws from this election and cannot accept the outcome of the result.

Inexplicable and strange surges of votes in favour of Paul Usoro SAN and the glaring incidences of hijacked votes makes it clear the result of this election cannot stand.

An acceptable participatory post election Audit of International standard will bear out our grievances in this regard.

Thank you

O.O.Olowokure Esq
For Arthur Obi Okafor SAN

 

NBA PRESIDENCY: Kanu Agabi Throws Weight Behind Usoro

Nigeria’s former Attorney-General and Minister of Justice, Chief Kanu Agabi SAN has thrown his weight behind the ambition of Mr. Paul Usoro SAN to lead the Nigerian Bar Association (NBA).

Eulogizing the prominent lawyer recently, Agabi said: “Paul Usoro, in spite of your great and numerous achievements you have remained simple and humble. As humble as you are, you give no one cause to take you for granted. Continue Reading

CHAMS Bids for E-voting 31 Days Before ECNBA Inauguration

The scandal rocking the forthcoming Nigerian Bar Association (NBA) National Officers Election has taken another dimension as facts have emerged that CHAMS Plc submitted its bid to provide electronic voting services for the elections at least 31 days before the inauguration of the Electoral Committee of the NBA (ECNBA). Continue Reading

The Paul Usoro That I Know

By Onigegewura
The Paul Usoro that I know is not a greenhorn as far as leadership position is concerned. As an undergraduate in then University of Ife, Paul displayed exemplary leadership qualities as the President of the Law Students Society.
When there was allegation of examination leakages in the famous institution, it was Paul Usoro’s petition as the leader of law students that led to the setting up of Adegbola Commission. And of course, Paul was the first witness to testify. If you have not, please go and read the case of Akintemi v. Onwumechile (1985) 1 NWLR [Pt. 1] for the full facts of the incident. By the way, that’s the first volume of Gani Fawehinmi’s Nigeria Weekly Law Report.
Continue Reading