CONTROVERSY, AS JUDICIAL BODY SHUNS NBA, APPOINTS SCRIBE

Barring any last-minute hitches, the Secretary of Nigeria’s Body of Benchers, Hajia Sadiya Turaki will tomorrow assume duties as the new scribe of the influential Federal Judicial Service Commission (FJSC).

Multiple and unimpeachable sources told CITY LAWYER that Turaki has been appointed by the commission chaired by the Chief Justice of Nigeria, Justice Tanko Muhammad as the new Secretary to replace Mr. Bassey E. Bassey who retired on September 23, 2020.

Turaki’s appointment is coming on the heels of allegations that the Nigerian Bar Association (NBA) may have been shut out of the appointment process, contrary to the provisions of Section 153(2) and 154(1) of the 1999 Constitution as well as Paragraph 12 Part 1 of the Third Schedule to 1999 Constitution. 

While Paragraph 12 (6) Part 1 of the Third Schedule to the 1999 Constitution stipulates that the membership composition of the FJSC shall include “Two persons, each of whom has been qualified to practice as a Legal Practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified and recommended by the Nigerian Bar Association,” CITY LAWYER gathered from impeccable sources that NBA has not participated in the decision-making process of the commission for over two years since the tenure of its former representatives ended.

Paragraph 13(c), Part 1 of the Third Schedule to the 1999 Constitution empowers the commission to “Appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court and all other members of the staff of the Judicial Service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission.”

CITY LAWYER investigation shows that the last set of NBA representatives at the commission were Mr. Olumuyiwa Akinboro SAN and Hajia Fatima Kwaku (MFR) whose names were forwarded by then Chief Justice of Nigeria, Justice Aloma Mariam Mukhtar to former President Goodluck Jonathan for transmission to the Senate for confirmation. Their five-year tenure ended on 3rd July, 2018.

A source who is familiar with the matter told CITY LAWYER that though the immediate past NBA President, Mr. Paul Usoro SAN made spirited efforts to ensure NBA’s representation at the commission, such efforts did not yield fruits. The source stated that though Usoro had on at least three occasions submitted the list of NBA nominees to the Chief Justice of Nigeria, there are strong indications that the list was not transmitted to the Senate through the President for approval. CITY LAWYER also gathered from unimpeachable sources that the names of two NBA nominees are still currently pending at the all-important commission.

Though CITY LAWYER sought the views of NBA President, Mr. Olumide Akpata on the development through a short messaging service and WhatsApp message to his verified telephone number, he promised that “I will call you back shortly” but was yet to do so at press time. 

Aside from NBA representatives, the commission’s membership comprises of the Chief Justice of Nigeria, who shall be the Chairman; President of the Court of Appeal; Attorney-General of the Federation; Chief Judge of the Federal High Court; President of the National Industrial Court, and “Two other persons, not being Legal Practitioners, who in the opinion of the President are of unquestionable integrity.” The non-lawyers are Senator Abba Ali and Malam Mohammed Sagir. However, only NBA is currently unrepresented in the 9-member commission.

The commission’s Secretary doubles as its Chief Executive and Accounting Officer.

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.

RPC: UBANI WITHDRAWS SUIT AGAINST MALAMI

* CITES PRESSURE FROM NBA

BY EMEKA NWADIOKE

Firebrand human rights activist and former Nigerian Bar Association (NBA) Second Vice President, Mr. Monday Ubani has directed his lawyers to withdraw his lawsuit against Attorney-General & Minister of Justice, Mr. Abubakar Malami SAN over the controversial amendment of the Rules of Professional Conduct for Legal Practitioners 2007.

Ubani had dragged Malami to court over the “unilateral amendment” of the Rules, even as the NBA President, Mr. Olumide Akpata directed lawyers to ignore the Rules, saying they were amended without proper authority. He also asked Malami to “immediately” rescind the amendment in the interest of the Bar.

But in a statement made available to CITY LAWYER, Ubani said that he was under pressure to withdraw the lawsuit to ensure that it is not used as an excuse to scuttle amicable resolution of the impasse.

According to the frontline activist and Bar Leader, “The leadership of the bar at the highest level have reached out to me to have the law suit withdrawn to avoid an ugly situation where the issue of the case in court will be used as an excuse to scuttle the much anticipated resolution of this unnecessary rumble within our revered body.”

CITY LAWYER recalls that a gazette had surfaced recently where Malami had issued an amendment of the Rules deleting several critical sections of the RPC.

Below is the full text of the statement.

INTENTION TO WITHDRAW SUIT NO FHC/CV/1174/2020 AGAINST ATTORNEY GENERAL OF THE FEDERATION.

Recall that recently we took out a legal suit against the Attorney General of the Federation, Mr Abubakar Malami SAN over the recent unilateral amendment of the Rules of Professional Conduct for Legal Practitioners 2007.

I took this drastic legal step in conjunction with some of my very learned colleagues in the profession because we deciphered a motive orchestrated to weaken arguably the umbrella body by the damaging amendments that failed to have the input of the Bar generally through the General Council of the Bar as prescribed by the Legal Practitioners Act.

The unilateral amendment with the consequential intendment to weaken NBA as a professional body was greeted with so much furore and anger for not following procedure as prescribed by the enabling law.

It has come to our notice that the NBA leadership has expressed their reservations about the unilateral amendment and has sought the reversal of same by the Attorney General and Minister of Justice. They have written a letter to him to withdraw the gazetted Amendment as its effect will create great crisis and confusion within the bar. The purport of the letter is to provide a veritable platform to have the brewing crisis nipped in the bud and resolve the problem amicably.

The leadership of the bar at the highest level have reached out to me to have the lawsuit withdrawn to avoid an ugly situation where the issue of the case in court will be used as an excuse to scuttle the much anticipated resolution of this unnecessary rumble within our revered body.

As an unrepentant lover of the bar and a principled individual who fights for a cause with God’s wisdom, I have reached out to my colleagues in this struggle for us to have this case withdrawn to allow no reason whatsoever to be given for the failure to arrive at an amicable settlement over the matter.

It is my belief and hope that the Attorney General of the Federation will take into cognizance the larger interest of the bar and move quickly to withdraw the said gazetted Amendment and allow the General Council of the Bar to commence some of the intended amendments that will be highly beneficial to the Bar generally.

I hereby instruct my lawyers to withdraw the said suit in order to allow the anticipated amicable settlement to be exhaustively exploited by both parties.

Long Live the NBA
Long Live the Federal Republic of Nigeria.

Monday Onyekachi Ubani Esq (MOU)
Former Vice President of NBA.

 

RPC: 6,000 LAWYERS SIGN PETITION TO STRIP MALAMI OF SAN RANK

BY EMEKA NWADIOKE

No less than 6,072 persons have so far signed a petition seeking to strip the nation’s chief law officer, Mr. Abubakar Malami SAN of the coveted rank of “Senior Advocate of Nigeria.”

Malami, Nigeria’s Attorney-General & Minister of Justice, made the headlines recently following media reports stating that he had issued “Statutory Instrument No. 15 of 2020” amending the 2007 Rules of Professional Conduct for Legal Practitioners (RPC). The instrument provides that “the Rules of Professional Conduct for Legal Practitioners, 2007 is amended by deleting the following rules, namely: 9(2), 10, 11, 12 and 13.”

Started barely eight days ago by one Izu Aniagu, the petition which is still trending on www.change.org, the petition is titled “Sign to strip Nigeria’s AGF, Abubakar Malami the title of Senior Advocate of Nigeria.” The tagline states that “Izu Aniagu started this petition to Lawyers in Nigeria and 5 others.” The “Decision makers” listed on the petition are “Lawyers in Nigeria, Nigeria Bar Association, LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE, THE LEGAL PRACTITIONERS PRIVILEGE COMMITTEE, THE NATIONAL JUDICIAL COUNCIL and The Bar Council.”

The petition states that “Since assumption of office, the Attorney General of the Federation has continued to go rogue, from his disobedience to court order, to his lackluster prosecution, to his outright failure to prosecute, to allegations of corruption and bias against his person, to usurpation of office, to shielding of suspects, to his general dereliction of duty.

“This time, the AGF has decided to take his imprudence (sic) to top notch by unilaterally deleting the provisions of the Rules of Professional Conduct which provide for stamp and seal as well as bar practicing fee for government lawyers. The AGF does not have such power. Section 12 (4) of the LPA gives the General Council of the Bar power to make any such amendment and make other decisions concerning the NBA.

“There is no record of any meeting convened by the The (sic) Attorney General of the Federation who is the president of The Bar Council. The AGF took the decision alone and his actions constitute a threat to the rule of law. His action is totally shameful and is underserving (sic) of a lawyer in the rank of a Senio (sic) Advocate, let alone a Chief Law Officer of the federation.”

One of the signatories, Ogholaja Onesiosan gave the reason for signing the petition as follows: “The AGF has abused the rule of law and has not conducted himself in a manner that is expected of him.” CITY LAWYER could not confirm at press time that all the signatories are lawyers.

The amendment of the RPC has annulled the power of the Nigerian Bar Association (NBA) to issue stamps to eligible legal practitioners, a practice that has been validated by the Supreme Court of Nigeria. This comes against the backdrop of a clamour for dismemberment of the NBA, leading to the formation of the New Nigerian Bar Association (NNBA) by some lawyers.

Following a meeting with Malami in his office, NBA President, Mr. Olumide Akpata had in a letter to the chief law officer dated September 15, 2020 demanded rescission of the amendment “immediately.”

He noted that “I have been duly informed, by NBA representatives on the Bar Council and other members of the Bar Council who have reached out to me, that to the best of their knowledge no meeting of the Bar Council was convened to discuss any amendments to the RPC or to approve the instrument. It, therefore, appears that the instrument was enacted without proper authority.”

Former NBA Second Vice President, Mr. Monday Ubani had also dragged Malami to the Federal High Court seeking among others a determination whether the AGF has the power to “unilaterally, alter, amend and or make any rules of professional conduct, without a proper meeting of the general council of the bar, duly convened, and notices thereof, issued to other members of the general council of the bar.”

CITY LAWYER recalls that the Legal Practitioners Privileges Committee had stripped some senior advocates of the rank following their conviction for criminal breaches or successful petitions against them.

However, one Fred Ogundu-Osondu argues that the online petition against Malami is dead on arrival, saying: “If his actions can be interpreted as an abuse of the powers vested in him as Attorney-General of the Federation, then an actual petition can be lodged against him before the Legal Practitioners Disciplinary Committee. If the LPDC finds him guilty of professional misconduct, then the LEGAL PRACTITIONERS PRIVILEGES COMMITTEE may withdraw the rank of Senior Advocate of Nigeria from him. This was clearly stated in No. 5 of the GUIDELINES FOR THE CONFERMENT OF THE RANK OF SENIOR ADVOCATE OF NIGERIA, 2007. However, let us keep it in mind that the HAGF is the Chairman of the LPDC. The only other ground is if he is convicted for any offence that in the opinion of the LPPC is incompatible with the honour and dignity of the holder of the rank of SAN as an offence relating to breach of trust, theft or other offence involving fraud or dishonesty. Again, the HAGF is the Chief Law Officer of the federation, and may not allow such prosecution to see the light of day, as he is clothed with the constitutional powers of nolle prosequi.”

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.

APPEAL COURT JURIST, FALANA, AKPATA, NGIGE, OTHERS FOR HUMAN RIGHTS BOOK LAUNCH

Leading jurists and human rights activists will on Thursday gather for the unveiling of a seminal book on human rights written by foremost human rights author and litigator, Chief Frank Agbedo.

Titled “Casebook on Human Rights Litigation in Nigeria: With Landmark Cases From Other Jurisdictions,” the event which will be held virtually is expected to be witnessed by the Presiding Justice of the Court of Appeal, Justice Mohammed L. Garba and the Chief Judge of Lagos State, Justice Kazeem Alogba.

Others expected at the book presentation are the Chairman of Council of Legal Education (CLE), Chief Emeka Ngige, SAN; Lagos State Attorney-General & Commissioner for Justice, Mr. Moyosore Onigbanjo, SAN; Nigerian Bar Association (NBA) President, Mr. Olumide Akpata; fiery human rights activist, Mr. Femi Falana SAN, and former President of Otu Oka-Iwu Lagos, Chief Chuks Ikokwu.

With renowned text writer, Prof. Fabian Ajogwu SAN as Book Presenter and The Guardian columnist, Mr. Sonnie Ekwowusi as Book Reviewer, others slated for the book presentation are Chief Babatunde Ogala and Mr. Yemi Akangbe (NBA Lagos Branch Chairman) as Guests of Honour;  corporate and commercial law guru, Mr. Mbanugo Udenze as Host and popular Bar Leader, Mrs. Tolani Edu as the Moderator. 

Available on AMAZON at https://www.amazon.com/Casebook-Human-Rights-Litigation-Nigeria/dp/6200313415, “This book painstakingly addresses the predicament of lawyers and judges in accessing relevant cases of interest, by providing and updating the practitioners with a comprehensive collection of (both current and locus classicus) reported cases mainly from decisions of the Supreme Court and Court of Appeal, on all notable issues of law and procedure relating to human rights litigation in Nigeria.”

An announcement on the book presentation states as follows:

Team Nominees Limited is inviting you to a scheduled Zoom meeting.

Topic: Book Presentation of Case Book on Human Rights Litigation in Nigeria by Chief Frank Agbedo.

Date: Thursday 24th September, 2020 Time: 02:00 PM West Central Africa

Join Zoom Meeting

https://zoom.us/j/93183883288?pwd=NCthbFFzeTROckkzODE3SXJtRXczZz09

Meeting ID: 931 8388 3288

Passcode: 091502

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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.

CALL TO BAR: ‘WE RECORDED OVER 70% SUCCESS RATE,’ SAYS LAW SCHOOL D-G

BY EMEKA NWADIOKE

The Director-General of the Nigerian Law School, Prof. Isa Hayatu Chiroma SAN yesterday rated the leading vocational training institution highly, saying its graduates posted over 70 per cent success rate at the Bar Final examinations held last January.

In his address at the Call to Bar ceremony held yesterday, Chiroma traced the “humble beginning” of the school in 1963 “with 8 students at its one block Campus at 213A, Igbosere Road, Lagos,” and observed that “the Nigerian Law School has grown to a six-Campus Institution spread across the country with a yearly intake of well over 6,000 (six thousand) students as stated above.”

A fellow of the Chartered Institute of Arbitrators (UK), the Law School chief executive said that the school has enjoyed unbroken academic sessions in its 58-year history, attributing the feat to “the insistence of the Council of Legal Education on the good character of the students as a condition for both admission into the Law School and recommendation for Call to the Bar.”

Chiroma stated that while 1,779 of the 2,515 candidates who sat for the Bar Finals scaled the hurdle, five of the candidates or 0.2 per cent bagged First Class Honours. Seventy-six (3.06%) candidates received Second Class Upper grade while 633 (25.17%) candidates were graded in Second Class Lower rank. Another 1,065 (42.43%) candidates recorded a Pass grade.

His words: “These figures translate to 70.86% success at the Bar Final Examinations. I wish to assure all of you that we shall remain the gate keepers of our noble profession. As Teachers and Administrators, we will continue to uphold the standard and integrity of the Bar.”

Chiroma stated that the knowledge “acquired and expressed” by candidates “brings great joy to the entire Nigerian Law School Community,” adding: “After your Call to the Bar, you will become new wigs of the Nigerian Bar and proud members of our noble profession. I rejoice and congratulate you all for your hard work, dedication and steadfastness. To all our proud parents, guardians and relations, I invite you all to share in the success and joy of these candidates we are celebrating today.”

On the contributions of the Law School to national development, Chiroma noted that both the Chief Justice of Nigeria and the Attorney-General of the Federation and Minister of Justice among others are all alumni of the school, adding that “It is also significant to note that a large number of members of other tiers of government in the country are products of the School.

“The school has also contributed to the training of the legal man-power for our sister African countries like the Republic of the Gambia, the Republic of Sierra Leone and the Republic of Cameroun. A number of countries from East and West Africa have visited the Law school to solicit information and assistance on the establishment and development of the Law School in their various countries. As reported in my address to your distinguished body at the last Call ceremony the Nigerian Law School received a high powered delegation from the Law Development Centre, Uganda, who were in Nigeria on bench marking and working visit to the Nigerian Law School and more of such collaborations have continued to come.

“Products of the School have commanding presence in other spheres of public and private sector such as the Ex-Military, Police, Customs, Immigration, the Oil and Gas sector, Banking and Finance, Insurance and the Corporate world in general, Professors/lecturers in the Universities and other tertiary institutions. Some of these products have achieved profound feat of getting to the top of their career nationally and across borders.”

Chiroma thanked President Muhammadu Buhari “for all the proactive measures taken aimed at curbing the spread and eradication of the disease in our dear country.” Turning to Malami, the Law School Director-General said: “May I at this time respectfully seek the leave of Mr. Chairman and distinguished members of the Body of Benchers, to thank our supervisory Ministry – the Federal Ministry of Justice headed by the Honourable Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, Life Bencher for the support always given to us as an institution.”

Showering encomiums on the Council of Legal Education chaired by leading litigator and Bar Leader, Chief Emeka Ngige SAN for its oversight, Chiroma said: “I will also wish to thank the Chairman and Members of the Council of Legal Education, our parent body for their support and guidance at all times.

“The same appreciation goes to the Chairman and members of the Body of Benchers for their constant support and encouragement. I must also mention the Secretariat of the distinguished body for its co-operation with us at all times. Not even the COVID-19 pandemic could hold your body from discharging your primary and essential duties with the usual and huge cooperation of the Council of Legal Education and staff of Nigerian Law School.”

Chiroma congratulated Mr. Olumide Akpata for his victory at the poll while thanking the immediate past NBA President, Mr. Paul Usoro, SAN “for his contribution to the Nigerian Law School, Nigerian Bar Association and the Legal Profession in general.”

Among those admitted to the Nigerian Bar at the ceremony held at the Eagle Square, Abuja was veteran Nollywood actor, Mr. Kanayo O. Kanayo MFR.

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: BODY OF BENCHERS HONOURS MALAMI WITH “LIFE BENCHER” RANK

EMEKA NWADIOKE

Embattled Attorney-General & Minister of Justice, Mr. Abubakar Malami SAN was yesterday appointed “Life Bencher” by the Body of Benchers, CITY LAWYER can authoritatively report.

This is coming on the heels of a petition by some lawyers calling for Malami to be stripped of the rank of “Senior Advocate of Nigeria” over his alleged unilateral amendment of the 2007 Rules of Professional Conduct for Legal Practitioners.

The Nigerian Bar Association (NBA) President, Mr. Olumide Akpata had in a statement he personally signed directed lawyers to disregard the new Rules, insisting that they were made without authority.

Malami had come under fire from several Bar Leaders for allegedly usurping the powers of the General Council of the Bar to issue a gazette amending the Rules.

But the Body of Benchers apparently shoved all the controversies aside to bequeath the nation’s chief law officer with its highest rank. CITY LAWYER was told by an unimpeachable source that the Body of Benchers meeting was presided over by former Nigerian Bar Association (NBA) President, Chief O. C. J. Okocha SAN.

Others who were awarded the rank reserved for lawyers of the highest distinction are Justice A. G. Mshelia, Presiding Justice of the Court of Appeal, Jos; Justice Suleiman Kawu, Chief Judge of Kwara State; Justice P. O. Nnadi, Chief Judge of Imo State; Justice M. L. Abimbola, Chief Judge of Oyo State; Kaka Shehu Lawan, Attorney-General of Borno State; Uwemedimo Nwoko, Attorney-General of Akwa Ibom State; Mr. Sulaiman Usman, Attorney-General of Sokoto State; Mr. Francis Chuka Agbu SAN, NBA Representative at the Body of Benchers; Chief Ferdinand Orbih SAN, NBA Representative at the Body of Benchers; Dr. T. C. Osanakpo SAN, NBA Representative at the Body of Benchers, and Mr. Joe Agi SAN who was before now a bencher.

CITY LAWYER gathered that the new crop of life benchers were recommended by a committee set up by the Body of Benchers for the purpose.

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.

RPC: AGBAKOBA, RABANA, OJUKWU CARPET MALAMI

* SAY 2007 RPC WAS APPROVED BY BAR COUNCIL

BY EMEKA NWADIOKE

The controversy trailing amendment of the Rules of Professional Conduct for Legal Practitioners peaked today with the former Nigerian Bar Association (NBA) president and Chairman of its Board of Trustees, Dr. Olisa Agbakoba (SAN) stating that the 2007 amendment was endorsed by the General Council of the Bar (GCB).

Controversy has trailed the issuance of the 2020 version of the rules by the Attorney-General & Minister of Justice, Mr. Abubakar Malami SAN. While many lawyers said the amendment did not follow due process, as it was not approved by the Bar Council, others disagreed.

The NBA President, Mr. Olumide Akpata in a press statement he personally signed also stated that the bar association does not recognize the new rules, saying that “the NBA maintains that the RPC has not been amended and enjoins all legal practitioners to remain calm and continue to conduct their affairs in the same manner as they did prior to the issuance of the Instrument.”

Endorsing the position of his then Secretary-General, Mr. Rafiu Lawal-Rabana SAN that the 2007 Rules of Professional Conduct were approved by the Bar Council, Agbakoba said on the influential online platform “State of the Bar” that that was the correct position. His words: “Well said my GS, as I was president together with Lawal-Rabana SAN.”

Lawal-Rabana had stated on the platform that though he did not want to join issues on the controversial amendment, “I was the General-Secretary in 2007 when the RPC was drafted and presented to the GCB for approval.”

Continuing, he said: “There was a full meeting of the council and I did the presentation on behalf of the NBA. I emphasize it was not a unilateral document made by Chief Bayo Ojo SAN, the AGF at the material time. (Prof.) Ernest Ojukwu SAN who coordinated the draft can bear witness.”

He however advised the combatants to sheath their swords, saying: “Since the NBA has issued a statement we all should allow the NBA address the issue.”

Former NBA presidential candidate, Prof. Ernest Ojukwu SAN also told CITY LAWYER that 2007 Rules were duly approved by the Bar Council, saying: “The difference between what AGF Malami is purported to have done now and what Chief Bayo Ojo did in 2007 is that there was a Bar Council meeting then that approved the Rules. Olisa Agbakoba and Rabana presented the Rules. Dr. Justice Orojo also attended. I didn’t attend, though I made the draft.”

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CRISIS ROCKS BOSAN’S PROBE C’TE, AS GADZAMA REJECTS APPOINTMENT

* SAYS: ‘I HAVE ALREADY CONGRATULATED AKPATA’

* ‘I WANT MY OWN 2016 NBA ELECTION AUDITED, TOO’

* ASKS BOSAN TO REJIG COMMITTEE

BY EMEKA NWADIOKE

The crisis rocking the beleaguered committee set up by the Body of Senior Advocates of Nigeria (BOSAN) to audit the 2018 and 2020 NBA Elections peaked today with leading arbitrator and former Nigerian Bar Association (NBA) presidential candidate, Chief Joe-Kyari Gadzama SAN rejecting his appointment as Chairman of the panel.

In a letter to BOSAN Chairman obtained by CITY LAWYER, Gadzama cited the non-inclusion of the 2016 Elections in which he participated as presidential candidate as one of the reasons for his rejection of the offer, even as he noted that it would imperil settled principles of law if he were to probe his election or the 2020 Elections having congratulated newly inaugurated NBA President, Mr. Olumide Akpata on his victory at the poll.

Gadzama is the third of the five-member committee to have declined his appointment, coming on the heels of a similar move by Mr. Osaro Eghobamien SAN and Prof. Offornze Amucheazi  SAN

He revealed that the BOSAN meeting resolved to probe the 2016, 2018 and 2020 NBA Elections, noting that the 2016 Elections may have been excluded from the mandate of the BOSAN committee because of his appointment as chairman.

Gadzama said: “An arm of the twin pillars of natural justice which is nemo judex in causa sua, is certainly not favourable to me with respect to any issue relating to NBA elections’ investigation or audit being an interested party. In order to avoid the crop-up of the ugly issue of reasonable bias and casting of aspersions on the committee or the outcome of its audit, I have no choice but to respectfully decline.”

He stated that having congratulated Akpata, “whatever decision that comes out of the committee if I am the chairman, will be viewed through different types of lenses depending on the side of the divide the viewer stands.”

He however stated that he supports the probe in collaboration with NBA, urging the BOSAN leadership to appoint the most senior member of the committee in his stead.

It is recalled that BOSAN had at its meeting at the weekend appointed a 5-member committee to audit the 2018 and 2020 NBA Elections. 

Below is the full text of Gadzama’s letter:

Wednesday, 9th September, 2020

The Chairman,
Body of Senior Advocates of Nigeria (BOSAN),
Lagos

Attention: Mr. Seyi Sowemimo, SAN
Secretary, BOSAN

Dear Sir,

NOTIFICATION OF INABILITY TO ACCEPT APPOINTMENT AS CHAIRMAN OF BOSAN COMMITTEE TO AUDIT NBA ELECTIONS

Let me begin by thanking BOSAN for considering me worthy to chair the BOSAN Committee to audit the 2018 and 2020 NBA elections in partnership with the NBA to ensure a flawless electoral system. I do not take the confidence reposed in me by this body for granted. It is an honour to be appointed as the Chairman of the committee for this very important task.

I commend and support the initiative to carry on this exercise by BOSAN. This is a welcome development which if properly executed, will be in the overall interest of the Bar and entire profession in the long run. It is expected that at the end of the proposed audit exercise in partnership with the NBA, helpful recommendations and practical solutions will be proffered by the Committee that will ultimately improve our electoral system as a professional association. Thus, I enjoin all well meaning members of the profession to support this move.

However, I am unable, at this time, to accept this appointment for the reasons set out hereunder.

Firstly, I contested for the position of the President of the NBA in 2016, the outcome of which I rejected as being marred with irregularities. Many members of the NBA, my supporters and I will want that election added to the list of the elections to be audited by this Committee in the interest of justice and fairness. I have my own complaints and reservations about the electoral system having contested for NBA President in 2016 which was the first to be conducted using the electronic voting system. Indeed, it will be desirable to expand the Committee’s scope of work to include audit of the 2016 NBA elections more so that I alleged that I actually scored 2,963 (Two Thousand, Nine Hundred and Sixty Three) votes while my opponent then scored 2,465 (Two Thousand, Four Hundred and Sixty Five) votes in that election. This is more so as no proper audit of 2018 and 2020 elections can be done without examination of the 2016 NBA elections. It will not appear feasible to members of the Association or even the Public that I can head such committee without being biased being a complainant myself. Obviously, doubts (whether genuine or not) may be raised about the Committee and its process if it continues with me as the Chairman.

Secondly, the NBA election of 2016 was included in the minutes of our meeting as part of the elections to be audited, but because I was made the Chairman of the audit committee, it was removed from the elections to be audited. This further supports my reason for declining as the 2016 election was removed because it was not right for me to audit it, having contested that election.

Thirdly, the new NBA executive led by Mr. Olumide Akpata has undertaken to audit these past elections which further lend credence to the decision of the BOSAN to partner with NBA in this audit.

Fourthly, I have already formally congratulated Mr. Olumide Akpata on his victory in the election and whatever decision that comes out of the committee if I am the chairman, will be viewed through different types of lenses depending on the side of the divide the viewer stands.

An arm of the twin pillars of natural justice which is nemo judex in causa sua, is certainly not favourable to me with respect to any issue relating to NBA elections’ investigation or audit being an interested party. In order to avoid the crop-up of the ugly issue of reasonable bias and casting of aspersions on the committee or the outcome of its audit, I have no choice but to respectfully decline.

It is on these bases that I decline my appointment but categorically state that I am in support of the Committee’s work and the Committee can commence its assignment with a replacement or the appointment of the most senior SAN amongst the members as the Chairman of the Committee. Indeed, I have my own story to tell and song to sing. I also want to give my recommendations on the way forward so that our future elections can be more transparent, as well as more credible; acceptable to both winners and losers. I will be glad to make a presentation to the BOSAN Committee and the one which was rightly set up by the NBA President, at the appropriate time if invited.

As stated earlier, I have already congratulated the President of the NBA on his election and my position on this issue is only borne out of genuine desire to see an NBA where the electoral process will be seen to be transparent and the election result will be acceptable by majority, if not all, of the members. I honestly believe that this move by BOSAN in partnership with the NBA is a step in the right direction as it will definitely crystallize into concrete resolutions which may be considered for incorporation into the NBA Constitution or future electoral guidelines.

I thank BOSAN for anticipated understanding in this regard. As usual, please accept the assurances of my highest regards.

Yours sincerely,

_____________________
Joe-Kyari Gadzama, SAN

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‘WHY WE ARE PROBING NBA ELECTIONS,’ BY BOSAN

* GADZAMA LEADS PROBE PANEL
* BOSAN THANKS ADESINA FOR NOT HEADING TO COURT

The Body of Senior Advocates of Nigeria (BOSAN) has given reasons why it has set up a five-member committee to review past Nigerian Bar Association (NBA) Elections, saying it needed “detailed facts” to decide on the quality of the elections and the way forward.

In a communiqué on its September 5, 2020 virtual meeting made available to CITY LAWYER, the influential body of senior lawyers said that it “is determined to achieve the installation of a flawless electoral system for the NBA,” even as it stated that there is a “need not to take a decision on the said elections without the benefit of detailed facts based on proper investigation and the experience with previous elections.” The committee is to audit the NBA 2018 and 2020 Elections “in partnership with the Nigerian Bar Association.”

Members of the probe panel are former NBA presidential candidate, Chief Joe-Kyari Gadzama SAN (Chairman); Mr. Osaro Eghobamien SAN; Chief Yomi Aliyu SAN; Prof. Offornze Amucheazi SAN and Mr. Ebun-olu Adegboruwa SAN.

Meanwhile, BOSAN has directed its committee on review of the proposed Legal Profession Regulatory Bill “to liaise with the leadership of the Nigerian Bar Association and the Body of Benchers to harmonize all views and suggestions on the subject, in order to present a unified draft to the National Assembly, through the Nigerian Bar Association.”

CITY LAWYER had reported that the meeting was poised to take a decisive step on the draft bill especially due to controversies trailing planned amendment of the Legal Practitioners Bill.

Below is the full text of the communiqué”:

 

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‘LEAVE FALANA ALONE, FACE YOUR N20M TRIAL,’ LAWYER TELLS OGUNLANA

Human rights advocate, KABIR AKINGBOLU pens a rejoinder to a recent fierce attack by NBA presidential aspirant, Mr. Adesina Ogunlana on leading human rights activist, Mr. Femi Falana SAN 

FALANA AS A METAPHOR OF JUSTICE TO OGUNLANA’S PUERILE INCONSISTENCY THEORY

Recently, Mr. Adesina Ogunlana, the embattled former NBA Ikeja Branch Chairman, said that whoever takes Mr Femi Falana SAN, serious despite his many inconsistencies, is not serious. This statement undoubtedly is too sweeping and uncalled for given the antecedents of Mr. Ogunlana himself, especially as it relates to his bellied anger or long seated acrimony against the learned silk and his ordeal as a former NBA Ikeja Branch chairman whose tenure is being x-rayed by the EFCC.

May I start this piece, riding on the shoulder of a popular Yoruba aphorism that says “Aifele kebosi ni o je ko see jo”, meaning “failure to distinctly and carefully raise alarm is what makes it impossible to dance to”. I have read carefully the write up of my very wonderful learned Senior, Adesina Ogunlana Esq, whom I adore greatly, one, as a powerful dresser, and secondly, as a fearless and courageous advocate. My first close encounter with him was sometime in 2013 when I filed Suit No. ID/459M/13; Kabir Akingbolu v. Registered Trustee of the Nigerian Bar Association and 1 Anor.; challenging some of the brazen anomalies in the NBA, especially, the high handedness of the J.B. Daudu led administration of the NBA then. We met at the Bar Centre Ikeja and he gave me very useful hints while encouraging me to go ahead. Also, I was one of the few people who joined him to take placards to protest and demonstrate in front of the International Conference Centre (ICC) Abuja, the venue of the conference of the NBA that particular year. For these, I know he is no doubt a brave lawyer.

However, going through Mr. Ogunlana’s write up under reference, I must confess, that most times, in fact, from the word go, he strayed from the point in question and indulge in diatribe on matters not in contention. Although, I must admit that he never pretended that he abhors some ill feelings against the innocent SAN, for his refusal to defend him when he was allegedly being persecuted by the National body of the NBA, whereas he (Falana) agreed to fight a similar cause for Mr. Bayo Akinlade. I shall come back to this later in this discourse.

Furthermore, Ogunlana, has indubitably and frontally accused Falana of being inconsistent in his views and this he pigeon holed in his failure to defend him while he defended Akinlade in similar circumstances according to him. Secondly, he alleged that Falana’s membership of Egbe Amofin is inconsistent with his real personage of being a PAN AFRICANIST AND NATIONALIST in Nigeria. Thirdly, he miffed at Falana’s outrage and warning that imminent danger of balkanization looms in NBA and fourthly, he posited that Falana in one breath condemned Caretaker Committee for any troubled NBA branch and in another breath supports Caretaker Committee.

Before delving into all these issues, I want to point out for the purpose of my earlier proverb that if Mr. Ogunlana’s write up and mood is well captured, one will clearly deduce the pretentious dexterity beneath the velvet of his utterances. Unfortunately, to worsen the situation, he lacked the proper style to hide his sentiments, thereby making his sweeping position too subjective and opinionated. If he had come out to tell the truth expressly that he was angry with Mr Falana only because he failed to defend him on the corruption or theft allegation of 20,000,000= naira belonging to the NBA, levelled against him (Ogunlana), one would have perfectly understood where he was coming from or where he was going but his faulty logic at presenting his argument gave him away as no one but a mere blackmailer seeking attention for relevance by using a personal issue as a national issue.

May I say for the record, that Mr. Falana, that I know as a policy, does not defend people with shady character and has maintained this for long. Thus, one cannot understand Mr. Ogunlana’s pain that he failed to defend him on allegation of corruption by changing his long standing principle against corruption. It is a known fact that after losing the control of the Ikeja branch of the Nigerian Bar Association Mr. Ogunlana has since formed the so called Radical Agenda Mavement in the Nigerian Bar Association (RAMINBA) to polarize the Ikeja Bar Association along radical and conservative lines. He has not succeeded because members of the NBA see him as a man of questionable character and motive. Thereafter, if Mr. Ogunlana is not accused of balkanization and inconsistencies, I wonder if same lies in his mouth. It is common knowledge that Mr. Adesina Ogunlana is a former Chairman of the Ikeja branch of the Nigerian Bar Association. While he led the association he was alleged to have stolen about N20 million from the lean purse of the branch. As he had no explanation for the criminal diversion of the money he is currently standing trial before the Lagos High Court for stealing. Instead of facing his trial Mr. Ogunlana has been seeking attention in a questionable manner. That was why he sought to contest for the post of the national president of the Nigerian Bar Association.

Of course Mr. Ogunlana was disqualified on the ground that he is not a lawyer of good standing. He sued the Association over his disqualification at the Lagos High Court and sought to stop the recently concluded conference of the Association. His case was dismissed as he could not convince the court to set aside his disqualification. Having lost the battle to stop the conference he decided to attack Mr. Femi Falana SAN. Earlier before this ignoble step, he (Ogunlana) filed an action at the High Court seeking to stop the recently concluded 60th annual conference of the Nigerian Bar Association but failed woefully as his case was thrown out pronto.

It is also said, that “ti eru ba pe nile, alajobi lo ma nbu” (when a slave has too much freedom, he disrespects the freeborn).
When Mr. Ogunlana was a student at the Lagos State University, (LASU) he was expelled as a law student for his unruly behavior. Mr. Femi Falana filed a fundamental rights case for him at the Lagos State High Court sitting at Ikeja. He won the case. The University appealed against the judgment but Mr.Falana pleaded with the then VC of lasu, the late Professor Jadesola Akande to withdraw the appeal, pleading with the VC that as a mother she should help the young boy by not appealing so as to protect his (Ogunlana) future. The professor was touched by the Mr. Falana’s down to earth and compassionate approach and graciously granted Mr. Falana’s request. Hence, Ogunlana was able to graduate and go to the Nigerian Law School to become a lawyer. At that time, Falana was consistent and Ikeja High Court was not his backyard jurisdiction, whatever that means to ogunlana. Until recently, Ogunlana had always acknowledged the vital role played by Mr. Falana in his life. He has suddenly turned round to accuse Mr. Falana of filing a fundamental rights application for Mr. Bayo Akinlade when he was suspended indefinitely as the Chairman of the Ikorodu branch of the NBA by the NBA under the leadership of Mr. Paul Usoro SAN. Mr. Falana has every right to do this more so that under our law, indefinite suspension is illegal, making his case different from Ogunlana’s.

On Falana being a member of Egbe Amofin, I submit that the NBA is divided into regional blocks. It is not contradictory for Mr. Falana, a Nationalist and Pan Africanist of note to belong to Egbe Amofin. What is more? We have the Eastern Bar Association, Arewa Lawyer’s Forum, as well as Mid West Bar Forum. Three weeks ago, Mr. Falana had contributed to the debate on the “Limit of Compulsory Membership of Nigerian Bar Association”. In that article Mr. Falana had condemned the rigging of NBA elections by a cabal of lawyers and warned that it could lead to the bulkanisation of the body. This is a statement of fact and not an unpopular prophecy because there is now the budding New Nigerian Bar Association (NNBA) as warned by Falana.

On appointment of Caretaker Committees, this is provided for in the NBA Constitution and Mr. Falana has not criticised the appointment of caretaker committees to man crisis ridden branches of the NBA. He has however condemned the moral right of the national officers of the NBA whose own elections were manipulated through e-fraud to set up Caretaker Committees for branches.

Before I am done, one more thing is very shocking. Ogunlana contemptuously referred to the High Court Division of Ikeja as the backyard jurisdiction of Femi Falana, SAN. I submit most respectfully, that this is not the kind of statement to be credited to a serious lawyer.
In fact, Mr. Falana had filed a suit for Ogunlana at the same Ikeja High Court and won for him. But the court has now become Mr. Falana’s backyard jurisdiction because a legal victory was recorded there for his arch enemy, Mr. Bayo Akinlade.

Ogunlana also insulted the immediate past Chairman of the Ikeja branch of the NBA, Mr. Dele Oloke who enjoyed the support of the majority of the members including all the Senior Advocates in the branch. Apart from insisting on probity Mr. Oloke completed the secretariat of the branch which was abandoned by Ogunlana. The N20 million allegedly diverted by Ogunlana would have completed the project. That singular achievement by Mr. Oloke has rubbished the tenure of Ogunlana. That is the basis of his anger against Mr. Oloke.

Finally, sir, if I have referred to any issue which you know better than I do, kindly know that I have only addressed the issue from my own point of view and never intended to attack or denigrate you in anyway. I only do this to keep to the Yoruba adage that we need to respect our elders. That being the case, I submit that Mr. Falana is a Nationalist and a consistent Social Crusader of note who tells the truth without fear or favour no matter whose ox is gored. Thus, as yorubas, we must respect the elders; and thankfully, you candidly acknowledged in your piece that he is not only a nationalist but a Pan Africanist. Therefore, a man of this stand, deserves all the due reverence from us as young members of a noble profession.

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BLASPHEMY: ‘DON’T EXECUTE AMINU,’ NBA WARNS GANDUJE

‘WE SHALL KEENLY MONITOR THE PROCESS’

BY EMEKA NWADIOKE

The Nigerian Bar Association (NBA) has asked the Governor of Kano State, Dr. Abdullahi Umar Ganduje not to sign the warrant for the execution of convicted musician YAHAYA SHARIF-AMINU until he has exhausted his constitutional right of appeal against the judgement of the sharia court.

In a statement by its Publicity Secretary, Dr.  Rapuluchukwu Ernest Nduka, the NBA said: Said NBA: “It is expected that the execution of the judgement and the signing of the warrant of execution will be stayed in order to allow Yahaya exhaust his constitutional right of Appeal.”

The lawyers’ body noted that an appeal has now been filed against the judgement, saying: “The Nigerian Bar Association has now been informed by Kola Alapini Esq, that an Appeal has now been filed on behalf of Yahaya,  challenging the sentence of the Upper Sharia Court. The said Appeal No.  K/37CA/2020 was filed on the 3rd day of September 2020 and duly served on the Attorney General of Kano State. It has been confirmed that the Attorney General of Kano State has since received the said notice of appeal.”

The full text of the statement is below:

RE: NBA WADES INTO THE REPORTED CASE OF REFUSAL BY THE FEDERAL CORRECTIONAL CENTRE TO ALLOW LAWYERS ACCESS TO YAHAYA SHARIF-AMINU, WHO WAS SENTENCED TO DEATH BY THE KANO STATE UPPER SHARIA COURT
It will be recalled that on the 2nd day of September 2020, the Nigerian Bar Association went on a fact-finding mission to the Federal Correctional Centre Kano, where the fact-finding team confirmed that Yahaya Sharif-Aminu had been denied access to lawyers and thus was unable to take steps in appealing the death sentence on him, by an Upper Sharia Court.
The Nigerian Bar Association has now been informed by Kola Alapini Esq, that an Appeal has now been filed on behalf of Yahaya,  challenging the sentence of the Upper Sharia Court. The said Appeal No.  K/37CA/2020 was filed on the 3rd day of September 2020 and duly served on the Attorney General of Kano State. It has been confirmed that the Attorney General of Kano State has since received the said notice of appeal.
It will also be recalled that the Governor of Kano State in a press statement had stated that he will be constrained to sign the warrant of execution in respect of the judgement of the Upper Sharia Court if there is no appeal against the said judgement.
It is expected that the execution of the judgement and the signing of the warrant of execution will be stayed in order to allow Yahaya exhaust his constitutional right of Appeal.
The Nigerian Bar Association reiterates that every accused person is entitled to be given the requisite opportunity to exercise his constitutional right of appeal and his right to be represented by a lawyer of his choice.
The Nigerian Bar Association shall keenly monitor the process. 
Dr.  Rapuluchukwu Ernest Nduka
National Publicity Secretary, Nigerian Bar Association

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‘ALL SANs AGREED TO PROBE NBA ELECTIONS,’ SAYS ADEGBORUWA

‘THERE IS A DELIBERATE ATTEMPT TO BLACKMAIL SANs’

BY EMEKA NWADIOKE

A new twist has emerged in the move by the influential Body of Senior Advocates of Nigeria (BOSAN) to probe the election of Nigerian Bar Association (NBA), Mr. Olumide Akpata among others.

There are reports that BOSAN had at its virtual meeting yesterday resolved to set up a committee to review NBA Elections held in 2016, 2018 and 2020 under the electronic voting system.

But a group, Open Bar Initiative (OBI) warned the body to desist from such move, saying that it may be forced to drag BOSAN to court if it persists in the venture. In a statement by My. Silas Joseph Onu, Convener of the group, OBI said that the move was dictated by the reluctance of BOSAN to accept Akpata’s election, being the first non-SAN to take the mantle of NBA leadership in about 30 years. His words: “It is evident that many Senior Advocates who personally felt defeated by a non-SAN are now working overtime to supplant the Nigerian Bar Association with a group formed only for the SANs.”

But fiery human rights activist, Mr. Ebun-olu Adegboruwa SAN warned critics not to pit BOSAN against NBA, noting that the decision to probe the elections was “unanimous.” The revelation raises questions whether some Senior Advocates who backed Akpata during the 2020 NBA Elections did not protest the move. Adegboruwa is touted as the Chairman of the BOSAN committee. But he refused to confirm the report when asked by CITY LAWYER, saying: “Let’s wait for BOSAN release on that, please.”

In a statement made available to CITY LAWYER, Adegboruwa stated that it is “not outside our mandate as lawyers to help the Bar to chart a way forward in this regard, in collaboration with the NBA and other relevant stakeholders.”

His words: “I was nominated along with other distinguished members of BOSAN, for a national assignment, as a patriotic member of the legal profession in Nigeria. It was a unanimous decision of BOSAN, with no ill motive or foul play in mind. The meeting was presided over by the first female Senior Advocate, Mrs. Folake Solanke, who sacrificed her time for the said meeting that lasted well over four hours, at well over 80 years of age, for the common good of all.”

The full text of the statement is below:

RE: COMMITTEE TO AUDIT NBA ELECTIONS

My attention has been drawn to a news item currently circulating, to the effect that the Body of Senior Advocates of Nigeria, BOSAN, has set up a parallel Committee to audit the national elections of the Nigerian Bar Association for the year 2016, 2018 and 2020. The said report suggests that BOSAN may have done this in order to undermine the Committee set up by the NBA for the same purpose.

I attended the meeting of BOSAN held on September 5, 2020, as a bona fide member of the said organization, which is duly registered under the relevant laws of Nigeria for the protection of the interests of its members, as permitted under section 40 of the Constitution of the Federal Republic of Nigeria, as amended.

I was nominated along with other distinguished members of BOSAN, for a national assignment, as a patriotic member of the legal profession in Nigeria. It was a unanimous decision of BOSAN, with no ill motive or foul play in mind. The meeting was presided over by the first female Senior Advocate, Mrs. Folake Solanke, who sacrificed her time for the said meeting that lasted well over four hours, at well over 80 years of age, for the common good of all.

All stakeholders in the legal profession are working towards a solution to the perennial complaints following our experiences with electronic voting, it is therefore not outside our mandate as lawyers to help the Bar to chart a way forward in this regard, in collaboration with the NBA and other relevant stakeholders.

The insinuation of alleged foul play is totally unwarranted, being a deliberate attempt to twist the narrative of the BOSAN meeting, with the sole aim of blackmailing the noble men and women of the Inner Bar, into silence.

Personally, I am embarrassed that a meeting held to discuss the progress of the Bar and indeed Nigeria, is being bandied as a gang up, even when no official statement or communique has been issued by the executive council of BOSAN.

I verily believe that those spreading this falsehood are enemies of the Bar, who are out on a sadistic mission to pit the NBA against BOSAN, without any justification whatsoever, given that both bodies exist to complement each other.

I’m concerned that the good reputation of patriotic Bar leaders is being maligned recklessly on the altar of Bar politics, or else I cannot fathom the reason why anyone should lose sleep over attempts to build a united, strong and virile Bar.

From available history, BOSAN has never been in rivalry with any NBA Exco; it has been in existence before the new Exco assumed office and it will continue to partner with all NBA Excos for the progress of the Bar and Nigeria at large.

Personally, I offer to work with all stakeholders within the Bar, including the present leadership of the NBA, for the common good of the legal profession and our country, Nigeria, as I do in other national issues.

Thank you.

Ebun-Olu Adegboruwa, SAN
Lekki, Lagos.
06/09/2020

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.

ANXIETY, AS BOSAN MEETS TODAY OVER DRAFT LPA BILL

  • BAR LEADERS QUERY INCLUSION OF SENATE PRESIDENT, SPEAKER, OTHERS

  • BENCHERS TO TAKE OVER NBA DURING CRISIS

BY EMEKA NWADIOKE

There is palpable anxiety within legal circles as the influential Body of Senior Advocates of Nigeria (BOSAN) meet today to decide the fate of the controversial Legal Practitioners Act Bill. The Bill seeks to repeal and re-enact the 45-year-old Legal Practitioners Act.

Spearheaded by the Body of Benchers (BOB), the Bill is titled “A bill for an act to repeal the Legal Practitioners Act Cap L11, Laws of the Federation of Nigeria, 2004 and re-enact the Legal Practitioners Act to provide for reforms and regulate the legal profession and for such other matters therewith.”

CITY LAWYER gathered yesterday that the Body of Benchers is currently seeking inputs into the bill from critical stakeholders in the legal profession. It has also set up a committee saddled with hammering out a final draft of the bill.

There are strong indications that the position of BOSAN at today’s virtual meeting which kicks off at 11 a. m. is crucial to the fate of the Draft Bill going forward. The body last met almost a year ago in November 2019.

CITY LAWYER also gathered from impeccable sources that the immediate past Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN had submitted a written position of the Bar to the Body of Benchers, a position said to be substantially different from those of his predecessor, Mr. Abubakar Mahmoud SAN.

It is recalled that Mahmoud had, in an elaborate effort to rejig regulation of the legal profession, set up in January 2017 the 23-member Chief Anthony Idigbe SAN led “Legal Profession Regulation Review Committee.” Among the committee’s terms of reference was “In particular, to review the role of the Body of Benchers, the General Council of the Bar, the Council for Legal Education, the Supreme Court of Nigeria and the Nigerian Bar Association in the regulation of the legal profession and determine if the roles being played by these institutions and organs are appropriate to meet the needs of a robust and modern and independent legal profession in Nigeria.” Its report led to the stillborn “Legal Practitioners Regulation Bill” which virtually derobed the Body of Benchers of its regulatory role and vested it in the “Legal Practitioners Regulation Council.”

Though the Bill had a stormy passage at the Body of Senior Advocates level, with many members querying some of its “revolutionary” provisions, the draft bill was quickly buried by the Body of Benchers which instead sought an amendment of the extant LPA.

Among the controversial provisions of the Draft LPA Bill is the inclusion of the leadership and members of the National Assembly as members of the Body of Benchers. Section 1(3)(l), (m) and (n) respectively provides for inclusion of the Senate President, Speaker of the House of Representatives and Chairmen of the National Assembly Committees on Judiciary as members of the Body of Benchers, provided they are lawyers.

Some Bar Leaders have queried why “politicians” should be conferred with automatic membership of the elite Body of Benchers, saying it is designed “to buy them to pass the Bill.” But others argue that it is more tolerable than the defunct Legal Profession Regulation (LPR) Bill which had proposed laymen as members of its apex council. Apart from judges, the stillborn LPR Council was to include a young lawyer, women’s representatives from FIDA, and three lay persons appointed by an Appointment Panel from the Institute of Directors (IOD), and the Nigerian Medical Association (NMA) among others. Some Bar Leaders argue that inclusion of the NASS members may facilitate interface with its leadership and passage of bills relating to the profession, especially the judiciary’s budget.

In a decisive step by the Body of Benchers to assert its control and regulation of the legal profession in unmistakable terms, Section 1(2)(b) and (c) of the draft bill provides as follows:
(2) The Body of Benchers shall be responsible for the following:-
(a) xxxxxxxxxxxxxxxxxxxxxx
“(b) Taking all measures (whether by making regulations pursuant to the powers conferred on it by this section or otherwise howsoever) which appear to it to be necessary or expedient for maintaining at all times the traditional values of the legal profession; and
“(c) The exercise of disciplinary jurisdiction over members of the legal profession.”
This is a clear departure from the moribund LPR Bill which sought to vest control and regulation of the profession on the Legal Practitioners Regulation Council (LPRC).

Section 1(3) (q) of the draft bill also whittles down the influence of the NBA in the Body of Benchers by reducing members to be appointed from its ranks from 30 in the extant LPA to 20 members, “five (5) of whom may be Law Teachers.”

The draft bill also proposes a takeover of the affairs of the Nigerian Bar Association (NBA) by the Body of Benchers under certain circumstances, including an inability to conduct its elections for a “period exceeding 30 days.” It is unclear whether this is a vote of no confidence on the General Council of the Bar which by section 1(1) of the LPA and subject to the NBA Constitution, is “charged with the general management of the affairs of the Nigerian Bar Association.”

Section 1(8) of the draft bill proposes that:
“Notwithstanding anything contained in the Constitution of the Nigerian Bar Association, the Body of Benchers shall have and may exercise any or all the powers specified in subsection (of this section whenever –
“a) The term of office of the officers or the elected members of the National Executive Committee of the Association has expired and it is impossible for the Association to hold the necessary elections for a period exceeding 30 days thereafter; or
“b) The Body Benchers is satisfied that by reason of dispute among the members of National Executive Committee of the Association, it is impossible or impracticable for the National Executive Committee to undertake or continue its functions of managing the affairs of the Association; or
“c) The National Executive Committee of the Association passes a resolution calling upon the Body of Benchers to exercise such powers.”

Unlike the LPR Bill which sought to repeal the Council of Legal Education Act, the current bill focuses entirely on amending the Legal Practitioners Act which came into effect on 16th May, 1975.

Speaking on the draft bill, former NBA presidential candidate, Prof. Ernest Ojukwu SAN said: “The inclusion of politicians as BOB is not the most dangerous thing in the Bill, if you ask me. Look at the functions being taken over by the BOB. That may not be as challenging as the Real actors – The entire Judiciary and AGs running the profession. This is the most dangerous aspect – when Government runs what is supposed to be an independent profession. Should the Judiciary and AGs be the main Regulator of an ‘independent’ legal profession?”

Referring to the work of the Idigbe Committee of which he was a member, Ojukwu said: “NBA is surely one of the regulators now. There are many regulators under the present law(s). That is why we harmonised the regulations and regulators into the Legal Profession Regulation Council Act. But the proposal by BOB wants the BOB to be the Regulator.”

Also worried by the inclusion of the political office holders, fiery Bar Leader and longstanding NBA Chief Prosecutor, Mr. Jibrin Okutepa SAN said: “If the BOB is the highest decision making organ of the legal profession then more seasoned members of the legal profession in private practice must be allowed to be members. The number of official members is outrageously not healthy for the role the body is to play.”

Lampooning the draft bill, a Bar Leader, Mr. Ademola Adewale said: “I submit that persons holding non-legal offices particularly where the offices are political should not be awarded core legal awards or titles like BOB, SAN etc. These posts/awards should be reserved for practitioners who have stayed the course by staying in legal or quasi legal offices or pursuits; not to reward lawyers turned politicians.

“Imagine lawyers who have kept the faith as it were still struggling to make Benchers, SAN 30-35 after legal practice while some lawyers who are engaged in politics get to be Speaker in 10/15 post call (and) get rewarded for political success by being given these awards on a platter gold . Apart from being unfair to the hard core practitioners, it is a great disincentive to those who have made the decision to be committed to legal practice or core legal pursuits.”

On his part, Idigbe had said of the stillborn LPR Bill: “The HAGF, Body of Benchers, Bar Council, Legal Practitioners Disciplinary Committee, The Supreme Court, The Chief Justice of Nigeria, Legal Practitioners Privileges Committee, Council of Legal Education, Nigeria Law School and Nigerian Bar Association have no central organisation and are not subject to any central control.

“There are no licensing and supervision of practitioners and law firms. No practice licence, no inspection, no insurance, no mandatory continuing professional development, no annual report, and the current NBA CPD programme has no statutory backing. The bill seeks to introduce the system of pupilage to enhance the development of legal ethics and professionalism in young lawyers, as well as seeks to make provision for licensing.”

CITY LAWYER gathered that following today’s eagerly awaited BOSAN Resolution, the committee saddled by the Body of Benchers with developing a clean copy of the bill will collate all inputs from the stakeholders and finetune the bill for presentation to the National Assembly for passage into law.

It was unclear at press time whether the Body of Benchers will request another input from current NBA President, Mr. Olumide Akpata who is now a statutory member of the body by virtue of Section 3(1)(i) of the Legal Practitioners Act.

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.

ADESINA SURRENDERS, SAYS 4 OF 6 TRUSTEES ALLOWED PETITION

‘I WOULD HAVE RESIGNED IF I WERE AKPATA ….’

BY EMEKA NWADIOKE

More insights have emerged from the recently concluded Nigerian Bar Association (NBA) Elections, even as former NBA presidential candidate, Mr. Dele Adesina SAN has finally thrown in the towel in his quest to have the election cancelled.

In a detailed statement titled “NIGERIAN BAR ASSOCIATION 2020 PRESIDENTIAL ELECTION: A MATTER OF JUSTICE, CHARACTER AND INTEGRITY,” Adesina revealed that four of NBA’s six trustees endorsed his petition, though the Board of Trustees fell shy of allowing his petition. His words: “Notwithstanding that the Board of Trustees of the NBA did not go the whole hog according to them “in the interest of the Association;” I nevertheless want to thank the four (4) members out of the six (6) for standing and upholding the truth on this matter.”

The former NBA General Secretary also stated that he would have “stepped-aside” and called for a re-run had he been declared winner under the same circumstances as NBA President, Mr. Olumide Akpata, saying: “If I were to be the product of the election that has now been adjudged to be fatally flawed, I would have honourably stepped-aside and call for a re-election. This is because character, honour and integrity are the hallmarks of leadership.”

While thanking his supporters for their steadfastness, Adesina however pledged to cooperate with other like-minded stakeholders to wrought electoral reforms within the Bar.

The full text of Adesina’s speech is below.

NIGERIAN BAR ASSOCIATION 2020 PRESIDENTIAL ELECTION: A MATTER OF JUSTICE CHARACTER AND INTEGRITY
BY DELE ADESINA, SAN, FCI Arb.

In my Petition dated August 2nd, 2020 to the Chairman, Board of Trustees of the Nigerian Bar Association, I drew attention to the flawed, illegal and unconstitutional process leading to the NBA Election of 29th – 30th of July, 2020 and the electronic fraud that characterised the Election proper. In that Petition, I stated inter alia that as a past Chairman of NBA Ikeja Branch, past General Secretary of the Association, a Life Member of the National Executive Committee and a Life Member of the Distinguished Body of Benchers in addition to other areas of responsibility that I have had the privilege to serve, I can lay claim to being one of the builders of the Association. Consequently, I will hate to see the Association destroyed or destabilised in any way or form. I also stated in that Petition that my participation in the affairs of the NBA is driven purely and absolutely by the desire to advance the interest and aspirations of the Association in particular and our beloved Profession in general.

In drawing attention to the serial violation of the provisions of the NBA Constitution, the cyber fraud perpetrated and the misuse and abuse of powers which I submitted characterised the election, I called for the cancellation of the Election. Recognising that if the election process is wrongful, illegal and unconstitutional, the product must suffer the same fate.

BOARD OF TRUSTEES – FINDINGS AND RECOMMENDATIONS

In a letter authored by the Chairman of the Board of Trustees, Dr. Olisa Agbakoba, SAN, dated 19th of August 2020, it was stated that: “although you have petitioned to us, we must be clear that we have no judicial authority to give direction to the NBA, our position in the circumstance is at best advisory. Nonetheless, we have read your Petition and noted that it raises many general and specific allegations in relation to the Elections…. The Trustees have given careful consideration and deeply reflected on your Petition and all the responses, in particular that of ECNBA. We note that the Elections were not perfect. We reviewed your Petition and note that it raises serious issues. Nonetheless our advice would be that the overall interest of the Bar should be paramount on the mind of every Nigerian Lawyer and to that extent, we urge that all Lawyers and no less the Candidates be mindful of the need to promote a cohesive, united and strong Bar. We regret that we are unable to advise that the election should be cancelled in the overall interest of the Bar.” The Trustees further noted that “our elections continue to present challenges going back to 2016 and strongly recommend that a major transformation of our electoral process and framework must be undertaking and we are happy to be assigned this very important responsibility…”

In an earlier letter dated 17th of August, 2020 (an unsigned letter which I received via my email from the Chairman) the Trustees stated that “Nonetheless, we have read your Petition and admit that it is not frivolous. The NBA 2020 Election was marred by irregularities. The ECNBA admitted that the election platform failed which is why they had to engage another I.T. Consultant. The ECNBA admitted that over 14,000 members could not vote which is an extremely high number. The ECNBA should have made provision to enable everyone to vote. This is an omission on their part. You have requested that the NBA 2020 Election be cancelled, but this will be unfair to those who have voted.”

The Letter continued: “the Trustees have given careful consideration and deeply reflected on the nature of advice to give. Our advice will be that the Bar should be paramount on the mind of every Nigerian Lawyer and to that extent, we urge that all Lawyers and no less the Candidates and in particular your good-self accept the Election with its inadequacies in good faith. We are very mindful in our advisory on the need to keep the Bar cohesive, united and strong.” The letter went further to state that “the Trustees are however disappointed that our Elections continue to present challenges going back to 2016 and strongly recommend that major transformation of our Electoral process and framework must be undertaken and we are happy to be assigned this very important responsibility.”

The following are evident from the decision of the Board of Trustees: First, the Petition was not frivolous; Second, the Petition raised serious general and specific allegations; Third, the ECNBA had no defence to the serious issues raised in the Petition; Four, since 2016, NBA Elections have been the subject of serious disputations for which they the Trustees were disappointed; Five, that a strong recommendation for a major transformation of our electoral process and framework should be undertaken; and Six, that the Board of Trustees are willing to undertake the job of electoral transformation of the NBA.

I know as a fact that all the members of the Board of Trustees agreed and were united on the specific findings that the Election was flawed and imperfect. All of them were also united in their desire to terminate the narrative of sham elections in the NBA since 2016, hence their willingness to undertake the responsibility of carrying out electoral transformation for the Association. They only differ on the consequences of their findings which is whether to direct an outright cancellation and order a fresh election, or direct a bye-election for the 14,000 voters that were disenfranchised, or allow the election to stand as it is.

I believe it is an attempt to marry these different outcomes that the Board of Trustees came to the advice that the overall interest of the Bar should be paramount on the mind of every Nigerian Lawyer. That the Board of Trustees urged all Lawyers including the Candidates of the need to promote a cohesive, united and strong Bar and that “the Board of Trustees regretted their inability to advice that the election be cancelled in the overall interest of the Bar.”

THE PETITION SUCCEDED

If my Petition will lead to the transformation of NBA electoral process that will free it from lawlessness, corrupt practices and other forms of cyber-crime for which NBA has become notably reputed since 2016 as promised by the Trustees, I will be satisfied. If my Petition will bring about a definite stop to a manipulated bi-annual electoral process with evidence of producing an appointed President or securing the election of a pre-determined President for the NBA and make votes count in future NBA Elections, I will be satisfied. If my Petition will enthrone respect for Rule of Law, respect for Due Process and stop misuse and abuse of power by a few individuals who believe that they must get what they want for the NBA and not what the NBA wants, I will be satisfied. If this Petition will inculcate and restore the glory, honour, honesty, dignity, integrity, moral and ethical principles on NBA leadership particularly its Presidents and make them do things right to re-establish the NBA as the conscience of the Nation once again, I will be more than satisfied.

As a Legal Practitioner of 38 years post-call and as a matter of practice and experience, I know that when allegation of facts succeeds in a civil claim and defence is held to have no probative value, granting of relief is automatic. When allegations of crime are proved in a criminal matter and defence is rejected, conviction also follows. In an Election Petition, where Grounds of Petition succeeds, such as it has been held by four (4) Trustees out of six (6) in this matter, setting aside of that election is a necessary consequence of the findings. However, in this case, the Board of Trustees have advised in spite of the seriousness of their findings that we accept the election in good faith because of the “need to keep the Bar cohesive, united and strong” in a typical Nigerian mentality.

Notwithstanding that the Board of Trustees of the NBA did not go the whole hog according to them “in the interest of the Association;” I nevertheless want to thank the four (4) members out of the six (6) for standing and upholding the truth on this matter. If I were to be the product of the election that has now been adjudged to be fatally flawed, I would have honourably stepped-aside and call for a re-election. This is because character, honour and integrity are the hallmarks of leadership. It must be particularly noted that we raised serious reservations in our letter of 7th of July, 2020 to the Electoral Committee against the serial breach of the provisions of the Constitution relating to the electoral process and the hap-hazard manner of handling the process, the secrecy surrounding the appointment of the I.T Consultant and the failure to demonstrate the process in order to ascertain the vulnerability and the integrity of the technology to be deployed for the election.

Similarly, Mr. Olumide Akpata also in a most vehement manner raised serious reservations in his letter of 20th of July, 2020, to the Electoral Committee. Both letters were sturdily disregarded and ignored by the ECNBA. Legitimacy is not only a product of popular acceptability, but it is also a product of legality and constitutionality. Indeed, popular acceptability will stand on nothing if there is no legal and constitutional legitimacy as you cannot build something on nothing and expect it to stand.

NIGERIAN BAR ASSOCIATION AND CULTURE OF IMPUNITY

The motto of NBA as enshrined in the Constitution of the Association is Promoting the Rule of Law. In his address to the Annual General Meeting of the NBA on 28th of August, 2020, Mr. Paul Usoro, SAN, said surprisingly “Whatever one may say about those elections, one thing that cannot be taken away from it is that that was the first ever of our National Elections where everyone was turned into Election monitors as well as electoral and returning officers all rolled into one …. For most of our members and based on the comments I have received, this was an exhilarating experience in transparency. The transparency was unparallel and we are expecting that subsequent Bar Elections will build on that quality of transparency.” My friend Mr. Paul Usoro certainly did not see what many others saw. He failed to realize that election is a process culminating with voting. He ought not to have directed his mind only to the voting process to the exclusion of the other various stages leading to the voting process.

Rule of Law in all its ramification presupposes that the Law is supreme and that everything must be done according to law and the law in this instance include the Constitution of the Nigerian Bar Association, 2015, as amended. It includes recognised practices and conventions that enthrone and guarantee Due Process as against arbitrariness, impunity, lawlessness, abuse of office and misuse of power as clearly demonstrated in the conduct of the just concluded 2020 National Officers Election. Transparency in relation to the just concluded Election exists only in the fertile imagination of the out-gone President.

The leaders of the Bar must come together and take decisive steps in other to restore the lost glory, honour and integrity of the Association. If we are complacent in doing this, life in its own way will force decisions on us. In 2016, they superintended over a rigged election which ended in Court. In 2018, they superintended over an election which ended in both civil suit and criminal charges in Court. The fact that the Court cases failed to achieve any success emboldened the perpetrators to go to higher levels of brazen impunity as witnessed in the 2020 Election.

The result of these reckless actions on the part of the few who have vowed to secure the appointment of NBA President through sham elections may be delayed but is never lost. However, it must be recognised by all our members that the character of any leader determines the character of the organisation that he leads and that everything rises and falls with leadership. It is not surprising that Nigerian Bar Association has contributed nothing to nation-building in the last few years. The Association has been stuck at the zero-ground level of low public esteem – in the words of a concerned member of the Bar. After all, anyone who will move the world must first move himself.

MOVING FORWARD

Like I said in my Statement of Tuesday, 25th August, 2020 and in my characteristic manner, “I was already planning to stop talking about what the devil has done regarding this election and begin to talk about what God will do in response to the uncountable appeals and persuasions from highly respected members of the Profession” including some of the members of the Board of Trustees that I hold in very high esteem. I am a builder and a peace-maker. I am never desperate about anything neither do I pursue anything at all cost. I have always allowed God to have His way and establish His will concerning me. My Christian faith teaches me the virtue not to cry behind a closed door to deprive myself the opportunity of seeing the seven doors that are wide open.

I want to plead with all sense of responsibility to all my friends, colleagues and supporters who worked so hard with me nationwide during the electioneering process, those whose votes were either diverted, suppressed, stolen or who were out rightly disenfranchised, and all fair-minded members of the Association who believe that enough is enough and that this Bi-Annual show of shame must stop by pursuing this case to its logical conclusion to please, let us put the July 2020 Presidential Election of the NBA behind us. I have strongly stood against going to Court in this matter despite serious pressure even though I am fully persuaded that simple Originating Summons will set aside this Election, judging by the faulty process that lead to the Election.

Like I have said several times, for me, the Presidency of the NBA is not an end in itself but a means to an end to secure the future of our Profession by strengthening the Association’s relevance to its members, by vigorously pursuing the defence and promotion of the Rule of Law in our Nation, by protecting, promoting and defending the independence of the Legal Profession in general and in particular the independence of Lawyers and Judges in the practice of their Profession and by taking pro-active efforts to change the negative perception about the Legal Profession by members of the public. This is the whole reason for my involvement in the process. It is to give service and I believe this does not warrant my going to court so that I can give. After all, despite the effort of the aggrieved members to the election fraud of 2018 which resulted in filing both civil suits and criminal charges in Court, the beneficiary of the election has just handed over few days ago. My decision to rest the case here is a product of a very careful consideration of all that I have stated above including in particular the fact that I am a peace maker and one of the builders of the Association with a view to preserving whatever is left of the Nigerian Bar Association. After all, “a living Dog is better than a dead Lion.”

EXPRESSION OF GRATITUDE

To all my colleagues both at the inner Bar and outer Bar, friends, members of various DASAN Committees, dedicated supporters and followers on various social media platforms, l once again wish to express my heartfelt gratitude and profound appreciation to each and everyone of you for the wonderful role you played in our attempt to re-position the Association by making it a positive catalyst for the Legal Profession and the development of our Nation. We were going there to change the ways and show the path to follow, to demonstrate the meaning of true leadership in purity, honesty of purpose and integrity.

Please note that we have built a strong bond of friendship, brotherhood and sisterhood thereby creating relationships and connections throughout the Nation. I urge you all to continue in this spirit of friendship and keep our connections active as we are all together in this journey of life and career fulfilment in the true spirit of being “our brother’s keeper.” Remember, love never gives up. It never loses faith. It is always hopeful and endures through every circumstance. Let us remain in love by keeping in touch with one another.

CONCLUSION

Let me conclude with the statement made by Barack Obama, former President of the United States of America, when he visited Japan. He got to Hiroshima and remembered the events of World War II and the destruction and devastation wrought on Hiroshima on August 6, 1945 and said: “We have a responsibility to look directly into history and ask: What must we do differently to achieve a better result?” I do hope that the Board of Trustees appreciates the need to do things differently henceforth in NBA; hence, their promise and willingness to accept responsibility for electoral transformation. I shall continue to join well-meaning members of the Association where I can on this restoration effort to rebuild our Association and repackage the image of our beloved Profession.

Dele Adesina, SAN, FCI Arb.
Dated Monday 31st August, 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.