October 2019

NBA ELECTIONS: EGBE AMOFIN MOVES TO PICK CONSENSUS PRESIDENTIAL CANDIDATE

Egbe Amofin O’odua, the once influential umbrella body of lawyers of Yoruba extraction, is set to forge a consensus towards the 2020 Nigerian Bar Association (NBA) Elections at its meeting today in Ibadan.

A notice of meeting curiously sent out by the Publicity Secretary of NBA Ibadan Branch, Mr. Femi Omotayo stated that the meeting which starts at 11 a. m. would hold at the Aare Afe Babalola Bar Centre, Ibadan, adding: “Your attendance is highly anticipated and necessary as matters affecting our common interests will be placed on the table.”

Omotayo assured that the meeting would be attended by “who is who” among the Yoruba legal elite. On whether the breakaway South West Lawyers Forum (SWLF) would attend the meeting, he described the faction as an “infinitesimal group,” adding that there is no recognition for any such group.

There are strong indications that the forum may however not pose as serious challenge to today’s meeting, as political watchers believe that it had the backing of leading NBA presidential aspirant, Mr. Dele Adesina SAN. Adesina is believed to share similar political sentiments with foremost litigator, Chief Wole Olanipekun SAN was the. Both are also in-laws.

The Chairman of Egbe Amofin, Chief Bandele Aiku SAN is now deceased. Olanipekun is the Vice Chairman of the forum, though some Egbe members challenged his position, arguing that his position was never ratified by the forum.

CITY LAWYER gathered that today’s meeting was a product of an earlier meeting convened by Olanipekun on August 28, 2019 on the sidelines of the NBA Annual General Conference. A source who was at the meeting told CITY LAWYER that the only major agreement at the meeting was the resolution that the Egbe should produce a consensus presidential candidate for the forthcoming NBA Elections.

Among those who attended the meeting are former NBA President, Chief (Mrs.) Priscilla Kuye; Chief Adegboyega Awomolo SAN; Chief M. A. Ajomale, and Mr. Femi Falana SAN among others.

Presently, there are four presidential aspirants who are said to be eyeing the coveted post, including Adesina, Mr. Muyiwa Akinboro SAN, Dr. Babatunde Ajibade SAN and Mr. Adesina Ogunlana, the only aspirant who is not a Senior Advocate of Nigeria (SAN).

Mr. Martin Ogunleye, former Chairman of NBA Lagos Branch told CITY LAWYER that the Lagos meeting “emphasized the urgent need for a rebirth of Egbe,” adding that the breakaway South West Lawyers Forum (SWLF) has “merged back” to the parent Egbe forum.

Ogunleye, who is also the Chairman Egbe Amofin N’ile Eko, said that the meeting would be “co-hosted” by chairmen of NBA branches in the South West, adding that Olanipekun would “most likely” chair the meeting. Asked whether 2020 NBA Elections was an item on today’s agenda, he said: “You cannot rule out politics in human affairs.”

It was unclear at press time whether there is a split within the leadership of Egbe, as its Secretary, Mr. Ranti Ajileti told CITY LAWYER that he would not attend the meeting. His words: “I am not involved in the planning of the meeting. But I am not opposed to convening of the meeting. My not attending is due to circumstances and not by design.” It is recalled that Ajileti was lampooned by some Egbe elements for standing by the Eastern Bar Forum’s (EBF) endorsement of Chief Arthur Obi Okafor for the 2018 NBA presidential race.

A source close to Ajibade told CITY LAWYER that “Dr. Ajibade SAN is attending in full force.” Feelers from the camp of another leading candidate, Mr. Olu Akpata showed that he may not attend the meeting, adding that the forum is for Yoruba lawyers and that “no invitation has been extended to him to attend.”

There are strong indications that forging a consensus among the aspirants may pose the toughest challenge for the resurgent Egbe, as the aspirants are said to belong to disparate ideological divides and cleavages. Today’s meeting is viewed by many watchers of Bar politics as crucial in determining the fate of the Yoruba bloc in NBA politics.

Though there are fears that Olanipekun may desire a rebirth of the Egbe as a launch-pad for Adesina’s presidential ambition, analysts argue that it would be an uphill task, with many saying that he has only “one vote” when the chips are down. They argue that only a transparent process will prevent the Egbe from receding into irrelevance again.

It is recalled that lack of consensus by the Egbe gifted the 2014 presidential race to former NBA President, Mr. Austin Alegeh SAN. A similar disagreement by the South East bloc led to the emergence of current NBA President, Mr. Paul Usoro SAN. Analysts believe that today’s meeting is geared towards preventing a recurrence of the 2014 debacle.

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EXCLUSIVE: NBA ELECTIONS – WHY EFCC QUIZED NBA CHIEFTAIN

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.

As the overseer of the NBA database, Ajijola worked closely with the Professor Auwalu Yadudu-led Electoral Committee of the NBA (ECNBA) in generating a register of voters for the elections. Reputed as highly knowledgeable in NBA affairs, Ajijola was quizzed for several days over the inflow. It was however unclear at press time whether the anti-graft agency was able to make a headway in its investigations into the elections following this latest effort to track those who allegedly rigged the Bar elections.

CITY LAWYER sent whatsapp messages to Ajijola requesting her response on the subject. When CITY LAWYER noticed that the messages remained unread, CITY LAWYER alerted Ajijola via SMS. Though there was compelling evidence that the whatsapp messages were read, Ajijola however did not respond to the enquiries even after CITY LAWYER made another request for a feedback.

CITY LAWYER gathered that Ajijola was released when NBA President, Mr. Paul Usoro SAN dispatched NBA Legal Adviser, Mr. Innocent Eze to Lagos to secure her release. It was gathered that Eze was able to persuade the anti-graft agency to let the NBA top officer off the hook. He was said to have processed the administrative bail granted Ajijola, leading to her release from EFCC custody.

Though some lawyers had frowned on Ajijola’s prolonged detention, there are strong indications that this may not be unconnected with the fact that key NBA chieftains were heading to Seoul, South Korea to attend the International Bar Association (IBA) Annual Conference barely a few days after she was picked up by EFCC operatives and whisked away to their Lagos Office.

Usoro was declared winner of the election, having polled 4,509 votes to beat Okafor and former Nigerian Law School Deputy Director General, Prof. Ernest Ojukwu SAN. While Okafor garnered 4,423 votes, Ojukwu polled 3,313 votes to place third.

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UNIFIED CRIMINAL CODE SOON – AKINSEYE-GEORGE

It was a charged atmosphere in Lagos as jurists dissected the draft Unified Penal and Criminal Codes initiated by the Centre for Socio-legal Studies. The roundtable which held at Lagos Ibis Hotel, Lagos was designed to seek inputs from stakeholders towards fine-tuning the draft into a bill.

In a welcome address to the national workshop on the reform of criminal/penal codes and the Code of Conduct Bureau and Tribunal Act, Professor Yemi Akinseye-George SAN, President of the centre, said the forum is designed to share the proposals being developed at the centre for improving criminal justice administration and strengthening accountability and transparency in Nigeria.

According to the foremost jurist, “The centre has been conducting studies into the substantive criminal laws, particularly the Penal Code and the Criminal Code as applicable to federal offences.”

“In addition to presenting the findings from our studies of the federal criminal provisions, this workshop will also enable the centre to receive additional inputs from the stakeholders in Lagos and other Southern States,” he said. “This workshop is part of a larger project which seeks improvements not only in the procedural laws relating to the anti-graft campaign but also in the substantive criminal laws which would have lasting impact on the struggle to build the legal system into a stronger bulwark for transparency and accountability.”

Bemoaning the fact that Nigeria’s substantive laws are trailing the Administration of Criminal Justice Act 2015 (ACJA), the leading law reform advocate said: “Clearly, our society has changed so drastically in the last sixty years so much so that the laws which were made in the sixties are no longer capable of addressing the needs and challenges of the present.”

Akinseye-George noted that while States such as Lagos, Adamawa, Kaduna, Plateau and Kano have enacted new criminal laws and penal codes, “the Federal Government continues to rely on the outdated Federal criminal provisions which remain the primary substantive criminal laws applicable in the FCT and the federal courts.”

The jurist chided federal lawmakers for churning out “uncoordinated enactment” that are “neither predicated on any scientific Needs Assessment nor on deliberate attempt at avoiding over-legislation, contradictory or overlapping provisions.”

He stated that the task of harmonizing federal criminal provisions is “long overdue,” adding that “The poor quality of some of the laws being churned out by the National Assembly has created an awkward situation in which the President has returned many Bills unassented on account of superfluity or inconsistency with other laws. A good example is the recent Proceeds of Crime Bill, a much-needed anti-graft tool, to which Mr. President declined his Assent.”

Akinseye-George expressed concerns that while the ACJA contains modern procedures, “the Codes which the ACJA is used to enforce are largely outdated having not been improved upon since passage in the 1960s. Currently, there is little or no interest in enforcing the outdated codes as they are not relevant to the modern times and prescribe weak punishments for corruption and other crimes.”

Noting that the centre was instrumental in the enactment of both ACJA and the Evidence Act 2011, he listed the fundamental principles governing reform of the codes to include decriminalization of petty offences, repositioning the criminal laws as instruments of good governance and socio-economic development, boosting relevance to contemporary needs of the society such as improving economic opportunities for the great majority of Nigerians, improving access to justice for the vulnerable, simplification of offences, institutionalization of restorative justice mechanisms, harmonization with the Constitution and existing laws, and consistency with modern criminal justice system and global best practices.

Akinseye-George stated that the proposals would be consolidated into draft Bills and forwarded to the Attorney-General and Minister of Justice, Mr. Abubakar Malami SAN and “proactive members of the National Assembly” for possible passage into law.

Among the dignitaries who attended the workshop are Justice Yetunde Pinheiro of the Lagos High Court, Justice Eniola Fabanwo of Ogun State High Court, Chief Magistrate Adedamola Paul of Lagos State Judiciary, and Prof. Iyabode Ogunniran of Faculty of Law, University of Lagos among others.

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CLAMPDOWN: AUTO DEALERS TO SUE CUSTOMS

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

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

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

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

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

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

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

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

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

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

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

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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.