UNION CRISIS: UBANI GETS INDUSTRIAL COURT JOB

The President of the National Industrial Court of Nigeria, Justice Benedict Kanyip has appointed former Nigerian Bar Association Vice President, Mr. Monday Ubani as a Public Trustee to administer the affairs of Nigeria’s oldest industrial union, Nigeria Civil Service Union following the nullification of the union’s January 2018 National Delegates Conference.

Though one Comrade Lawrence Amaechi was purportedly elected at the conference, the election was set aside as being in contravention of a valid court order that status quo be maintained pending the determination of a substantive suit on the matter.

CITY LAWYER gathered that though Ubani’s initial attempt to resume duty this January was frustrated by the said Comrade Amaechi’s led Executive, this was reversed on 29th January, 2021 when the appointment was enforced by the Public Trustee with the support of the Court and the Nigerian Police.

The appointment letter from the Industrial Court, dated 29th of December, 2020 stated that Mr Ubani’s appointment is sequel to the Order contained in the judgement delivered on the 25th October, 2019 by Justice Sanusi Kado of the Abuja Judicial Division of the National Industrial Court in the suit between Comrade Benson Ekasa and 1 other v. Comrade Kiri Mohammed (then National President of the Union).

The letter reads: “Pursuant to Section 19(c) of the National Industrial Court Act, 2006; Order 59 of the National Industrial Court of Nigeria(Civil Procedure) Rule, 2017 and the Order contained in the judgement delivered on the 25th October, 2019 by His Lordship Hon Justice Sanusi Kado, in the above subject matter suit, I hereby appoint you, Monday O. Ubani Esq, as the Public Trustee for the Nigeria Civil Service Union(hereinafter referred to as the “Union” for an initial period of three (3) months, effective from the date of your acceptance of the appointment, on the following terms:

1. To oversee and superintend the running of the administration and finances of the Union.
2. To convene National Delegates Conference of the National Civil Service Union and organise election to elect new executive members in line with the constitution of the Union.
3. To render account of your activities within the above specified period in a report to be forwarded to the Court immediately after the expiration of the tenure.
4. To forward a copy of the report to the Honourable Minister of Labour.
5. In the event that you are not able to conclude your assignment within the three months period stated above, you may apply for re-appointment for another three months. In this event, you shall be requested to provide satisfactory reasons why you may be so re-appointed.”

Ubani has now received the commitment of the various Heads of the staff who are running the administration before his appointment. They all promised to support the Public Trustee to succeed in the onerous task that is placed before him.

The appointment of a Public Trustee by the Industrial Court is to enable him conduct free, fair election and enthrone a leadership that is acceptable to all and sundry including restoring sanity and stability to the operations of the union. 

Mr Ubani has since paid a visit to the Ministry of Labour and Employment where he met with the Minister of State for Labour & Productivity, Mr. Festus Keyamo SAN and the Permanent Secretary in the Ministry, Dr. Yerima Tarfa to intimate them of his appointment by the Court. He has also submitted his letter of notification and acceptance to the Minister, Dr. Chris Ngige.

EX BODY OF BENCHERS CHAIR, ABDULLAHI IBRAHIM IS DEAD

Foremost senior lawyer and former Chairman of Body of Benchers, Alhaji Abdullahi Ibrahim SAN is dead. CITY LAWYER can authoritatively confirm that the leading lawyer died this afternoon.

Confirming the incident, a Partner in his law firm told CITY LAWYER thus: “He’s gone. He died this afternoon.” Alhaji Ibrahim is suspected to have died in Abuja from heart complications. A trending online post stated: “Innalillahi wa inna ilaihi rajiun the death of Abdullahi Ibrahim SAN has just been announced right now in Abuja from a heart ailment. May Allah swt forgive his indiscretions and grant him jannatul firdaus.” A former Attorney General & Commissioner for Justice in one of the South West states had also posted thus: “May Allah grant Alhaji Abdullahi Ibraheem, SAN aljannah fridaus. Ameen.”

Ibrahim was a Commissioner, International Boundary, National Boundary Commission from 2000 to 2006. He was a member of the Nigerian team that successfully negotiated the Maritime Boundary Treaty between Nigeria and the Republic of Equatorial Guinea and also the Unitization Agreement of the Zafiro/Ekanga oil fields. He was Nigeria’s Agent and later Co-Agent in the dispute between the Federal Republic of Nigeria and Cameroon at the International Court of Justice, the Hague Netherlands. He also led the Nigerian delegation to the United Nations conference on the establishment of the International Criminal Court.

Below is his biography as posted on his law firm’s website:

Alhaji Abdullahi Ibrahim, CON, FCIArb, FINALS, SAN.

Our founding Partner; he was called to the English Bar in 1963 where he practised in chambers for a while before returning to Nigeria. He was later called to the Nigerian Bar in 1964. He was at different times legal adviser at the then Ministry of Finance, Northern Nigeria and New Nigeria Development Company; a one-time Senior State Counsel and head of prosecutions at the Ministry of Justice, Kano State; Alhaji Abdullahi Ibrahim has since 1973 remained in active private legal practice.

He was admitted into the Inner Bar as a Senior Advocate of Nigeria (SAN) (equivalent of a QC in England) in 1982. He is a Notary Public, a Life member of the Body of Benchers and was the Body’s Vice Chairman and Chairman between 1999 and 2001. He was a member of the National Judicial Council (NJC) between 2004 and 2008; Chairman, Legal Practitioners’ Disciplinary Committee between 2001 and 2006 and also Chairman, Legal Aid Council from 1990 to 1994.

He is a Fellow of the Chartered Institute of Arbitrators, Nigeria (FCIArb) and a Member of the Chartered Institute of Arbitrators (UK) (MCIArb), he is also a Fellow of the Institute of Advanced Legal Studies, Nigeria (FINALS).

Alhaji Abdullahi Ibrahim served the nation at various times in several capacities as Commissioner for Education in the old Kwara State, Nigeria, Federal Minister of Education, Science and Technology; Minister of Transport and Aviation and as the Attorney-General of the Federation and Minister of Justice.

He was a Commissioner, International Boundary, National Boundary Commission from 2000 to 2006. He was a member of the Nigerian team that successfully negotiated the Maritime Boundary Treaty between Nigeria and the Republic of Equatorial Guinea and also the Unitization Agreement of the Zafiro/Ekanga oil fields. He was Nigeria’s Agent and later Co-Agent in the dispute between the Federal Republic of Nigeria and Cameroon at the International Court of Justice, the Hague Netherlands. Alhaji Abdullahi Ibrahim also led the Nigerian delegation to the United Nations conference on the establishment of the International Criminal Court.

In acknowledgement of his contribution to the Nation he was conferred with the National honour/Award of Officer of the Federal Republic (OFR) and later Commander of the Order of Niger (CON). He was also conferred with the honours/Award of Gran Cruz de la Orden de la independencia de Guinea Ecutorial by the Government of Equatorial Guinea for his service to the country and Nigeria.

Alhaji Abdullahi Ibrahim was Chairman Nigerian Stock Exchange, Kaduna Branch and as a member of the National Stock Exchange he was the first Vice President of the Nigerian Stock Exchange in 1989. He was Chairman, Nigerian Institute of International Affairs from 1988 to 1994 and also Chairman of New Nigeria Development Company between 1992 and 1998.

Alhaji Abdullahi Ibrahim has acted as Amicus Curiae in several contentious matters before the Supreme Court of Nigeria. In recognition of his outstanding contributions to the development of the Nigerian Law and legal System, he was conferred with an honorary Doctorate Degree in Law (LLD, Honoris Causa) by the University of Kogi, Nigeria in 2008.

Alhaji Abdullahi Ibrahim is a seasoned Arbitrator; he once sat and he is currently a member of the Permanent Court of Arbitration at the Hague, Netherlands. He has chaired and sat as a member of several Arbitration panels. He is very much interested in International law, Taxation/Revenue Law, Constitutional Law, Administrative Law, Investment Law and core litigation.

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NBA LAGOS WRITES CJ, DEBUNKS FROSTY RELATIONS

The Nigerian Bar Association (NBA), Lagos Branch has debunked claims that it has a frosty relationship with the Lagos State Judiciary.

Reacting to a CITY LAWYER report on the matter, the Branch described the report as “false and misleading,” saying it “does not represent a true record of the deliberations at our last meeting, as falsely reported.”

In an online post to branch members titled “POINT OF INFORMATION!!!” and signed by the Branch Chairman, Mr. Yemi Akangbe, he stated that the branch has written to the Chief Judge, Justice Kazeem Alogba “in reaction to the said publication.”

Former Financial Secretary and Treasurer Emeritus of the branch, Mr. Phillip Njeteneh had while reacting to the CITY LAWYER report, said: “At the last Branch meeting the Exco, learned seniors & members generally expressed their frustration at the cold shoulders given the Branch by the Lagos CJ over the offer to help and overtures of the Premier Branch over the recent destruction of courts & court facilities.”

It is recalled that the Chief Judge had also debunked any frosty relations between the judiciary and the branch, saying that he has been unable to receive the branch leadership due to overarching schedules.

Below is the full text of the chairman’s statement:

POINT OF INFORMATION!!!
Dear Seniors/ Respected Members,

I hope this note finds you well.

You must have read with concern, a recent publication of an alleged “FROSTY RELATIONSHIP BETWEEN OUR BRANCH AND THE LAGOS STATE JUDICIARY” authored by City Lawyer, a blog said to be published by Mr. Emeka Nwadioke who happens to be a member of our Branch. I believe everyone present at the last Meeting of the Branch will attest to the fact that the report was inaccurate and misleading.

It is important to mention that whilst non members are permitted by us, if considered appropriate, upon request, to attend our meetings, our Branch meetings are exclusive to our members and deliberations at our meetings are privileged. A measure of confidentiality should therefore be associated with the meetings. Further the duly adopted minutes of our meetings are the only recognized record of deliberations at our meetings. Press coverage of our meetings should only be at our instance and not otherwise. We ask that City Lawyer and all other bloggers should respect the privacy associated with our meetings.

For your information, please see below, a letter to the C.J, in reaction to the said publication.

January 20, 2021

The Hon. Justice K. O. Alogba
The Chief Judge of Lagos State,
Chief Jusge’s (sic) Chambers,
High Court Complex, Ikeja,
Lagos State.

My Lord,

RE:ALLEGED FROSTY RELATIONSHIP BETWEEN NBA, LAGOS BRANCH AND THE LAGOS STATE JUDICIARY.
We have read, with astonishment and amazement, the report of the allegedly ‘frosty relationship’ between the NBA Lagos Branch and the Bench in Lagos State, especially your good self.

We write to inform you that the report by “City Lawyer blog” is false and misleading and does not represent a true record of the deliberations at our last meeting, as falsely reported.

In reporting to the Branch on the progress of collaboration between the Branch and the Bench regarding the unfortunate incidents that occurred at the High Court complex in Igbosere, we made the point that we had made proposals to your office offering assistance and had requested a meeting, but had so far been unable to secure an appointment.

Further to the above, we find the report of the existence of a ‘frosty relationship’ between the NBA Lagos Branch and the Bench to be driven by a desire for sensationalism on the part of the authors.

We anticipate that the report may have caused unnecessary embarrassment and we consider this unfortunate and regrettable.

Do please accept the assurance of our highest regards and respect, as we continue to await an opportunity to meet with you.

Yours faithfully,
Yemi Akangbe
NBA, Lagos Chairman.

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LAGOS BAR-BENCH RELATIONS: TIME FOR ALUTA?

In this article, PHILLIP NJETENEH, former Financial Secretary and Treasurer of the Nigerian Bar Association (NBA), Lagos Branch goes down memory lane on the controversy surrounding relations between the Lagos State Judiciary and the branch

IS NBA LAGOS WIRED TO BE PERPETUALLY IN OPPOSITION IN LAGOS?

I am forced to ask this question due to recent developments which are recurrent decimal in our branch history.

At the last Branch meeting the Exco, learned seniors & members generally expressed their frustration at the cold shoulders given the Branch by the Lagos CJ over the offer to help and overtures of the Premier Branch over the recent destruction of courts & court facilities.

A few days ago the CJ of Lagos during the visit to the CJ by Exco of NBA Ikeja Branch the CJ warmly welcomed the Exco and openly refuted the allegation that he shunned NBA Lagos Branch or that he was having any grudge with NBA Lagos Branch.

Such frosty relationship between the Bar & Bench relationship (Premier Branch & the Bench in Lagos) is not new. During the winding down days of Bola Tinubu tenure as Governor the state govt gave out coaster buses to NBA Branches in Lagos State and the Premier Branch was effectively excluded from that largesse.

During the tenure of Fashola (a lawyer & a branch member) half hearted efforts were made at correcting this but it yielded no result. I say ‘half hearted’ because I recall as the Branch Fin Sec under the Chairmanship of Milord Taiwo Taiwo I was among the few vocal ones insisting we give this matter a more serious push than we gave it then & what we got was the result if our half hearted effort – no bus.

During the tenure of Mr. Okoli SAN the Branch was denied use of the Foyer for our meetings which gave rise to further denials. That same period the Branch was ejected from the small office space it occupied at the Court of Appeal Lagos Division.

It’s on record today that Lagos Judiciary gave a piece of land to NBA Ikeja Branch to build its Bar Center & I equally recall that when Ikeja Branch were about to commence work on the building project the then Lagos CJ gave NBA Ikeja Branch N10,000,000 (that’s the highest amount Lagos CJ has given any Branch that I know of).

If at all, Ikeja Branch either as a Branch or it’s officers have given Lagos State Judiciary or past CJs more headache than NBA Lagos Branch will ever give it, yet we suffer more from the actions and inactions of various CJs of Lagos.

Again, the Premier Branch has been more docile about the actions & inactions of the Lagos CJs than Ikeja Branch with Lagos choosing to engage or dialogue which often enough leads to nowhere. Take for instance the last increase in fees by the Lagos Judiciary. Our Branch chose to engage and at the end of the day while we were waiting for engagement the increase had taken effect. We all know what happened in Osun State under similar circumstances.

We have been enjoying the Big Boys status and it’s time we ask ourselves ‘is this big boy status hurting our profession/practice or promoting it’?

Yes we host the grandest dinners, we host the loudest parties, we engage rather than ruffling feathers, we call the shots but how has this helped us in the long run?

Are we better off?

Could we be better off?

Should we do things differently?

It calls for deeper reflections.

Copyright 2020 CITY LAWYER. The views and opinions expressed in this blog are those of the authors and do not necessarily reflect the official policy or position of the blog. 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.

‘I HAVE NO GROUSE WITH NBA LAGOS’ – JUSTICE ALOGBA

  • CJ TO HOST LAGOS BRANCH SOON

The Chief Judge of Lagos State, Justice Kazeem Alogba has said that his relationship with the Bar is cordial. Justice Alogba disclosed this yesterday during a courtesy visit by the newly elected Executive Committee of the Nigerian Bar Association (NBA), Ikeja Branch led by its Chairman, Mr. Bartholomew Aguegbodo.

An unimpeachable source who attended the meeting told CITY LAWYER that though the chief judge stated that he had read the report on alleged frosty relations between him and NBA Lagos Branch, he initially declined to speak on the matter, saying that the judiciary does not respond to social media reports.

Our source said that the chief judge was however persuaded to respond to the allegation by former NBA Vice President, Mr. Monday Ubani who emphasized the significant role of social media as a contemporary source of information, adding that the CITY LAWYER blog is credible and reliable.

Turning to the allegation, Justice Alogba flatly debunked any frosty relations with NBA Lagos Branch, saying that he is merely a hostage to his tight schedule. Noting that he is always shuttling between Lagos and Abuja to attend to official matters and summons, the respected jurist stated that there is no deliberate plot to shut out the Lagos Bar.

According to our source, Justice Alogba emphasized that there is no reason for frosty relations between him and the Bar, given that both the Bar and Bench are working towards speedy and effective justice delivery. Justice Alogba noted that since the Bar and the Bench are working towards a common goal, it is expedient for them to ensure a conflict-free relationship in the interest of the masses.

He used the courtesy visit to pledge more support for Ikeja branch. While asking the branch to remain focused, Alogba admonished lawyers to work towards salvaging the image of the profession.

He noted that since misunderstanding is inevitable in every organisation, NBA inclusive, it is honourable for the association to be professional and mature in handling any internal misunderstanding whenever such occurs in order to save the profession.

Speaking on the enormous amount of records lost at the Igbosere High Court during the ENDSARS crisis, the Chief Judge informed members of the Bar of the several efforts by the Judiciary in securing temporary court premises.

He appealed to lawyers to plead with their clients with pending cases to exercise patience until the commencement or the completion of the temporary sites, adding that criminal cases are given priority due to the current coronavirus pandemic.

Meanwhile, there are strong indications that the chief judge may soon meet with the leadership of the Lagos Branch. A source who is familiar with the impending meeting told CITY LAWYER that plans are at an advanced stage for a courtesy visit by the Lagos Bar.

It is recalled that CITY LAWYER had in a report stated that there were anxieties within legal circles on the alleged frosty relations between the chief judge and NBA Lagos Branch. This was a major issue on the agenda during the last monthly meeting of the branch. The current leadership of the branch will bow out on June 30, 2021.

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.

LIFE BENCHER, SENATOR ONYEABO OBI IS DEAD

Life Bencher and leading lawyer, Senator Onyeabo Chukwunedum Obi is dead. Senator Obi died yesterday. He was aged 82 years.

Announcing his passage on a social media platform, his younger brother and Bar Leader, Mr. Zik Obi II said: “Good morning All, Pending a formal announcement from the family later today, I wish to personally inform members of Otu Oka Iwu that my eldest brother and past President of Otu Oka Iwu and Bencher, Senator Onyeabo Obi, Os’oji Nnewi, passed on to greater glory yesterday at the age of 82 years. We are grateful to God for his life.

“Kindly note that due to the current COVID-19 safety protocols, physical condolence visits are not necessary or encouraged. Thank you so much.

“Best regards. Zik Obi.”

CITY LAWYER recalls that the respected jurist was said to have attended the last Ofala Festival of His Royal Highness, Igwe Kenneth Orizu III of Nnewi on December 28, 2020. Before then, he chaired the virtual birthday celebration of his then protege and former Chairman of the Body of Benchers, Chief George Uwechue SAN.

In one of the early reactions on his passing, veteran politician and lawyer, Chief Guy Ikokwu said:”This is shocking as I had the last meeting with him at our Enugu Ohanaeze Ndigbo Worldwide Imeobi meeting and took pictures with him and Nwodo jnr our PG Ohanaeze Ndigbo and wished he will show up at Owerri meeting of 9th January. What a pity. Terrible as we had a heart to heart chat. May he rest in perfect peace.”

Vice Chairman of the Nigerian Bar Association (NBA), Lagos Branch, Mr. Okey Ilofulunwa wrote: “Ugwunnia, please do accept my deepest condolences on the death of Senator Onyeabo Obi. He was a quintessential gentleman and a bar man through and through. My last interaction with him was on December 10, 2020 during a webinar on International human rights day which I hosted and moderated. He was in the element and participated actively at the event and made incisive contributions. Your family will miss him but the legal community will miss him greatly. I join in praying for the repose of his soul.”

Leading human rights lawyer, Chief Frank Agbedo said: “Not again, lord! Os’oji Nnewi only recently chaired the birthday colloquium in honor of Chief Uwechue SAN, and was his full witty and cerebral self, as usual. Lord, please shut the door against this morbid breeze depleting our most cherished stock. No doubt Chief Onyeabor Obi was a great man of style, culture and the law, and departs this sinful world to a better place. We mourn, even as we celebrate a great life well lived for the greater good of mankind.”

BRIEF PROFILE

LLB, BL, lawyer, politician, born November 20,1938; married Evelyn Nnenna Obioha 1967, two sons, three daughters; Education: St Cyprian’s School, Port Harcourt, 1943-50, Hope Waddell Training Institution, Calabar, 1951-55, North-Western Polytechnic, London, 1958-59, London School of Economics and Political Science, University of London, 1959-62, called to the English Bar at Gray’s Inn, 1961; Legal Adviser to the Military Governor of Eastern Nigeria, January- September 1966; in Private Legal Practice, since 1963; Senator of the Federal Republic of Nigeria, Anambra West Senatorial, District, 1979-83 and Secretary, NPP Senate Caucus; Vice-Chairman, Arbitration Committee, International Bar Association, 1986-88, Nigerian member, Panel of Conciliators, International Centre for Settlement of lnvestatent Disputes, Washington DC, USA, since 1987; Political Party: member, banned Nigerian Peoples Party (NPP), 1979-83; Hobby: lawn tennis; Official Address: c/o Onyeabo Obi and Company (Barristers, Solicitors and Notaries Public), Western House, 8/10, Broad Street (13th Floor), P.O. Box 4040, Lagos; Telephone: 01-634604, 630843 (SOURCE: “Blerf’s Who is Who in Nigeria”)

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 OVER FROSTY BAR-BENCH TIES IN LAGOS

There are strong indications that relations between the Bar and Bench in Lagos, Nigeria’s commercial capital, may have taken a nose-dive.

CITY LAWYER can authoritatively report that this state of affairs is causing serious anxiety within Lagos Bar circles, and was a major topic at yesterday’s monthly meeting of the Nigerian Bar Association (NBA), Lagos Branch.

In particular, there is a seeming frosty relationship between the branch and the leadership of the Bench in the state. CITY LAWYER reliably gathered that several efforts by the branch leadership to pay a courtesy visit to the Lagos State Chief Judge, Hon. Justice Kazeem Alogba have so far proved abortive. In fact, there are strong indications that letters to this effect received no response till date. It was unclear at press time whether the Chief Judge is aware of the requests.

CITY LAWYER gathered that similar efforts by the branch Judiciary Relations Committee led by the respected former NBA presidential candidate, Dr. Babatunde Ajibade SAN to broker a visit have also met a brick wall. There are indications that though the committee developed protocols to assist the judiciary in the aftermath of the #ENDSARS protests, its inability to meet with the Chief Judge truncated plans to convey the protocols to the state judiciary.

In fact, the branch had at its October 26, 2020 meeting resolved as follows: “That the Judicial Relations Committee of the Branch (“the Committee”) should communicate with the President of the Court of Appeal, the Presiding Justice of the Lagos Division of the Court of Appeal and the Chief Judge of Lagos State to commiserate with them on these events and seek audience with them to discuss short and long term measures that can be put in place to address the challenges presented to the administration of justice as a result of these unfortunate occurrences at the premises of the courts.”

CITY LAWYER gathered that an atmosphere of despair has enveloped the branch which is by far the largest NBA branch, even as there are concerns in legal circles that the inability of the Bar and Bench to collaborate may hamper justice delivery in Nigeria’s most populous city.

The situation is apparently giving the branch leadership and the Judiciary Relations Committee grey hairs, as CITY LAWYER reliably gathered that they are now soliciting help from all quarters to enable the branch interface with the Chief Judge to convey lawyers’ concerns and challenges to the respected jurist.

Efforts by CITY LAWYER to speak with Mrs. Ololade Ige, the Public Affairs Officer for Lagos State Judiciary, have so far proved abortive.

It is however recalled that last July the Chief Judge was Chairman of the Branch virtual conference on “COVID-19, Access to Justice and Human Rights Violations” where he had relentless exchanges with fiery human rights lawyer, Mr. Femi Falana SAN. CITY LAWYER also gathered that the no-nonsense jurist had hosted the Ikeja Branch of the Bar.

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LAGOS LAND GRAB: ‘MY LIFE IN DANGER,’ CRIES EX NBA VP

• ASKS GOV. SANWO-OLU TO INTERVENE
• ACCUSES LAGOS AGENCIES OF AIDING LAND GRABBERS

Former Nigerian Bar Association (NBA) Vice President, Mr. Monday Ubani has expressed concern over his safety following attempts by alleged land grabbers to take-over his client’s property.

In an SOS to Lagos State Governor, Mr. Babajide Sanwo-Olu, the fiery human rights activist alleged that there are frenzied attempts by some land grabbers to use Lagos State Government agencies to take over the property, urging Sanwo-Olu to intervene in the matter.

He said in a statement made available to CITY LAWYER that one “Engr. Ariori,” an alleged land grabber, boasted that “they” not only “installed” the present government in Lagos State, but that they “killed a popular doctor that stood (in) their way” concerning an adjoining land.

Said Ubani: “At the police station Engr Ariori boasted to me how powerful he is and how they installed this present government and will use them to take over that land from me. He even implicated himself while talking to me at the Police Station how they killed a popular doctor that stood their way over the opposite land in the estate. I do not know whether he was serious about this claim or he was trying to use that to scare me. I have petitioned Area F over threat to my life after that story.”

Below is the full text of the statement.

UPDATE ON THE LAND GRABBING EPISODE BY LAGOS STATE GOVERNMENT AGENCIES ON NO 1 FOLURUNSHO KUKU STREET, OFF OPEBI VILLAGE.

On the 31st of December, 2020 I raised alarm and sought the help of Nigerians to reach His Excellency Mr Babajide Sanwo-Olu over an unbridled attempt by the agencies of Lagos State Government to disposses a private citizen of his land he acquired legitimately and had been in possession for over 20 years with a certificate of occupancy of about 31 years. My Nigerian brothers and sisters, especially those of my friends who are close to the governor reached out to him with my pathetic cry for help. Dutifully and as a listening governor, His Excellency immediately ordered many of his aides especially the Commissioners to investigate the story including the wanton destruction of a place popularly called ‘Monkey Village’ which is close to the land in question.

Some of these aides some of who I know personally and have relationship with, have reached out to me and I have supplied some information and promised to give fuller details of the land matter in question upon resumption from my short holiday I took outside the State.

Despite the fact that I have received very vital information from numerous sources of how and who instigated the operation, I decided to keep quiet until I see what the State Government is up to with this land in question. I know how lawless we can be in this part of this world but I also know that there is always a limitation to state of anomie in our country, especially over certain matters that are very clear, unambiguous and straightforward.

However the various Press Releases and denials by the various Ministries that were clearly implicated and involved in the land grabbing scandal is becoming provoking that I feel compelled to cry out once again as there clear ominous signs in place that there is a larger sinister motive by these State officials over this land grabbing episode which the governor of the State may not be aware of.

As at yesterday, Ministry of Transport and Ministry of Environment have denied knowledge of the invasion, destruction and towing of the vehicles from the site to Alausa even when there is evidence that the “Notice to Remove” the vehicles was pasted by the Ministry of Transport and the said vehicles were towed to the Ministry of Transport Premises where the Mechanics who are legitimate tenants on the premises were asked to pay some amount of money before they can secure the release of their vehicles. So if Ministry of Transport is claiming not to have knowledge of the invasion, destruction of the site and towing of the vans to Alausa, the question will be what are the towed vehicles doing on their premises in Alausa? Who towed them there?

Today I read the Press Release of the Ministry of Physical Planning owning up to the invasion, destruction of the fences and structures on site and taking over of the property in question. They made several claims among which is that they acted on an approval by the Ministry of Justice of a faceless and nameless petition written to Special Task Force on Land Grabbers in Lagos State.

Secondly, they alleged clearing the site of shanties used for criminal activities and of mechanics who are constituting a nuisance to the neighbourhood. The site in question is completely fenced with a high gate. No one can see the mechanics(tenants) from outside unless, the gate is opened for you. No alleged criminals are harboured in an environment that is completely fenced off and have legitimate tenants that are known to the land owner.

They also allege breach of planning laws. The decent question will be which planning laws was breached? Assuming but not conceding that there is alleged breach, where is the Notice of any breach of the alleged planning laws by the owner of the property from the Ministry of Physical Planning before now? Are they saying that the “Notice to Remove” cars within 48 hours issued by Ministry of Transport has now become the Notice of breach of Planning laws of the State warranting invasion and taking over of a private property by them?

The second critical question will be which petition was written to the Special TaskForce on Land Grabbers and who were the writers of the petition? Could the writers be the same persons who invaded the same land few months ago and were sued with an injunction, and who up till now have refused to respond to the legal suit? Can we be availed of the petition and approval by the Ministry of Justice to take over a private land by the said Special Task Force on Land Grabbers?

Further and better question will be whether someone who has a certificate of occupancy over his land with effective occupation including payment of Land Charges up to date can be termed a Land Grabber of his own property in LAGOS STATE?

As at the evening of the invasion and destruction of the structures including the fences on the property on the 31st of December, 2020, the information at my disposal which I have even confirmed from Special Taskforce on Land Grabbers Unit in the Ministry of Justice is that they are the ones that led the operation to the land as a result of a complaint by the persons who purportedly obtained the Supreme Court judgement. The “beneficiaries” of the judgement were said to have alleged that they have executed the said judgement many years ago but that some people have repossessed the land and so they came to enforce the judgemrnt on their behalf.

It is confirmed to me that when the governor demanded explanation about the invasion, he was told by a high ranking officer of the Ministry of Justice that it was an enforcement of judgement that was carried out by the Ministry of Justice on behalf of the beneficiaries. At least the Press Release of Ministry of Physical Planning has further corroborated this fact.

What compounds all these stories and denials that are being spewed here and there is the questionable role of one Engr Omotosho who allegedly led the Government Officials to the site for the operation. Who is Engr Omotosho? Is he in which Ministry presently? Is he in the Ministry of Physical Planning or Ministry of Justice that have owned up being the Ministries that engaged in this illegal invasion and locking up a private property that has a certificate of occupancy given by the same Lagos State Government? He was alleged to be the one that led the operation of 31st December, 2020. Who is him in all this plans to take over this property?

Why these questions are germane is because a lawyer who was representing the family at the police station when the family first invaded the land some months ago sent me a text this evening informing me that the family has terminated the contract of one Engr Abiodun Ariori whom they contracted to help grab the land from my client at that time. The said Engr Ariori whom I sued along with others, according to him is no longer acting for the family.

My conjecture from this information is that they have contracted this Engr Omotosho who perhaps is more “powerful” and more “connected” to be their consultant for the “recovery of the land” . The intimidating and frightening mobilisation of men and materials for the destruction of the site and its environs can only be the work of a very “powerful”, “fearless”, “tough”, “intimidating consultant and contractor” who are part of the people that own and determine what happens and who can own anything in Lagos State!

PLEASE KEEP THESE FACTS IN PERSPECTIVES.

1. The Land has a certificate of occupancy of over 30 years. The owner of the property has fenced the property round with gate and has been in effective occupation with tenants, tenancy agreement of over 20 years and evidence of payment of Land Use Charge up to date.

2. Some land grabbers led by one Engr Abiodun Ariori led the invasion of the land some months ago and he is not a member of the family but hired by the family because they know his antecedent in “this business”, and they claimed they have a supreme Court judgement which was delivered over 25 years ago.

3. They refused to use court bailiffs to enforce the said judgement but illegal mopol and thugs and now Special TaskForce on Land Grabbers after many years of having obtained the said supreme Court judgement.

4. At the Police station, they tendered warrant of possession that showed an address different from the present land in dispute. They also tendered several survey plans different from the one used in the case at the High Court.

5. When I sued them at the High Court to come and prove the validity of the supreme Court judgement with regards to the land in question, they declined appearance and defence up till date.

6. The High at Court Ikeja granted an injunction against them and they were served, yet they refused to respond or file any response till date.

7. At the police station Engr Ariori boasted to me how powerful he is and how they installed this present government and will use them to take over that land from me. He even implicated himself while talking to me at the Police Station how they killed a popular doctor that stood their way over the opposite land in the estate. I do not know whether he was serious about this claim or he was trying to use that to scare me. I have petitioned Area F over threat to my life after that story.

In one meeting before the police, Mr Ariori even said that my client was dead but was reprimanded by the officer from the IG Monitoring Unit whom they brought from Abuja to come and meddle into the land matter. Those ones withdrew from the matter when they discovered their inconsistencies and moreover the matter was already in court.

8. Worthy of note is the desperation of this group of people when they invaded the land by bringing surveyors from God knows where to come and start re-surveying the land. It was shocking because this is the land they said they had judgement on. Why re-survey a land you purportedly have judgement on? That to me was the turning point in my belief that these men are just unfortunate land grabbers using raw power to take by force what does not belong them.

9. Despite the court injunction, they did not stop parading the land regularly and threatening the tenants therein that they should remove their cars as they will start work on the property very soon on the property. I have a video of when they first invaded the land and had started to commence building until I was able to stop them using the police and the law court.

10. Before this invasion, destruction and locking up of a private property with an inscription on the wall that it is in respect of an unknown judgement, Ministry of Transport pasted a “notice of removal” of vehicles on the site within 48 hours. I raised an alarm and called on the Commissioner of Transport who denied knowledge of the Notice. Their press release still say so, however I have stated it earlier that the vehicles at the site were towed to Ministry of Transport Premises at Alausa with an instruction to the mechanics from the said Ministry officials to collect their vehicles on payment of fees.

11. Special TaskForce Unit in the Ministry of Justice signed a document which was sent to the Commissioner of Police, Lagos State that the Unit was the one involved in the operation of the 31st of December 2020 in enforcement of judgement of the said Supreme court.

12. The police that I sent to the site on the day in question interviewed the people demolishing structures on the land and taking over possession, and they informed the police that they are from the Enforcement Unit in the Governor’s office. I have the video of the confirmation of where they said they came from.

13. The Ministry of Physical Planning is now claiming to be the Ministry that carried out the invasion, demolition and towing of the vans that were on the site on the grounds of approval from the Ministry of Justice and breach of an unknown planning laws without any prior notice of such breach to the owner.

14. Presently Area Boys and thugs have taken over site and some hanging around the site smoking dangerous weeds day and night, keeping vigil on the property with intention to have commenced building on the site the following day after the invasion but for my cry and shout that got the godly attention of His Excellency Mr Babajide Sanwo-Olu who i believe will give me a listening ear over this matter that his officials want to use to embarrass him and the Centre of Excellence.

MY PRAYERS:

1. That His Excellency, the Governor of Lagos State should not allow these desperate land grabbers to start any work on that site as that will mean that “might is right”. Our clients who have been in possession were chased out of the premises and the place taken over with an inscription that this is in respect of a judgemrnt of a court even though the Ministry of Physical Planning is claiming some other things in addition and to the contrary.

2. That the matter is presently in court and as a State that respects rule of law, we have a court injunction to which the defendants have not responded to up till now. Possession of a property is 9/10 of the law. No contrary court order has asked our client to be driven out of possession of the property in question. Justice must not only be done but be seen to have been done in this matter.

3.Since the State Government has asked his aides(Commissioners) to investigate this case and report back to him, I request that I should be given an opportunity to present my case in an unbiased atmosphere in order to hear me out concerning what is playing out in this case.

It is a pathetic case that the Lagos State Government should not have been involved in the first place.

LAST LINE:

1. Those governing us and presiding over state agencies should have this at the back of their minds that power is TRANSIENT AND EHPEMERAL; THAT NOTHING LASTS FOR EVER.

2. I have absolute faith in the government of His Excellency, Babajide Sanwo-Olu to resolve this matter in favour of JUSTICE, NO MATTER THE PRESSURE/S FROM ANY QUARTER THAT BELIEVE THAT THEY OWN LAGOS AND BY EXTENSION THIS WORLD.
Our client should be restored back to his property after the truth is established that we are in lawful occupation before the unlawful invasion and ejection.

“CONSCIENCE IS AN OPEN WOUND, ONLY TRUTH HEALS IT”.

Mr M.O. Ubani Esq,
Legal Practitioner
4th of January, 2021.
ubangwa@gmail.com.

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.

VARSITY APPOINTS ANANABA PROFESSOR OF LAW

Leading lawyer and Chairman of Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Paul Ananaba SAN has been appointed Professor of Law by Clifford University.

Founded in 2013, Clifford University, Owerrinta is a newly chartered institution by the Federal Ministry of Education of Nigeria following the recommendation of the National Universities Commission (NUC). It is one of the 144 tertiary institutions owned and operated by the Seventh-day Adventist Church worldwide.

Prof. Ananaba is a member of the Governing Council and Legal Adviser of Babcock University and Clifford University. He has served as an adjunct Professor at Adventist University of Africa, Kenya and Legal Adviser for Institute of Industrial Security and Safety of Nigeria.

He is a member and Fellow of several professional institutes and associations. A much sought after public speaker, Ananaba has written several books and articles. Prof. Ananaba is a draughtsman, mediator and arbitrator with over 27 years of experience in the legal profession.

He graduated from then Imo State University, Okigwe in 1990 and was admitted to the Nigerian Bar in 1991. In 2003 he received a Master of Laws degree in Legislative Drafting from the Nigeria Institute of Advanced Legal Studies (NIALS) and a Doctor of Philosophy in Law from Babcock University, Ilishan Remo in 2016.

An Associate Member of the Nigeria Institute of Management (NIM), Prof. Ananaba is also a member of the Maritime Arbitrators Association of Nigeria (MAAN). He is a member of the Chartered Institute of Arbitration CIARB (UK) and a Fellow of the Nigeria Institute of Chartered Arbitrators (NiCArb). A Notary Public for Nigeria, Ananaba is registered with Securities and Exchange Commission as a Capital Market Consultant. He was a Lecturer of Law at Babcock University, Ilishan Remo, Ogun State and a visiting Lecturer/Facilitator at the Nigerian Institute of Management, Lagos.

He was a Member of the Students Representative Council, Abia State University, Uturu (1988-1989); Judge, NYSC Camp Court Wailo, Bauchi State (1992); Legal Advisor, West Central Africa Division, Seventh day Adventist Church (2016 till date); Member, Abia State Public Private Partnership Investment and Promotion Council (2017), and Member, National Executive Committee, Nigeria Bar Association (2017).

Prof. Ananaba has attended several national and international seminars and workshops as Guest Lecturer, Speaker and Facilitator. Among his several awards and recognitions are: Distinguished Award by Otu Oka Iwu (Law Society), 2014; Special Award by National Association of Polytechnic Students of Nigeria, 2015; Special Award by Nigeria Association of Adventist Lawyers, 2016; Abia State University Uturu Law Faculty Alumni Award, 2016 and Enyi Abia (The Elephant of Abia), 2018.

A ferocious litigator, Ananaba led Ukwa Ngwa lawyers in defence of former Senate President, Rt. Hon. Adolf Wabara in the suit for the position of Senate President. He also led Ukwa Ngwa lawyers pro bono in the suit at the Supreme Court against the excision of Osisioma Local Government Area from Abia South Senatorial Zone.

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NBA-SPIDEL ANNUAL CONFAB SET TO ELECTRIFY IBADAN

The ancient city of Ibadan, Oyo State will come alive on February 17 as lawyers and justice sector stakeholders descend on the city for the 2021 Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL) Annual Conference.

The conference will hold from February 17 to February 20, 2021 with the theme, “The Role of Public Interest in Governance in Nigeria.” Leading lawyers and political office holders are expected at the three-day conference.

The annual conference is coming on the heels of the popular 2019 edition which held in November 2019 in the commercial city of Aba, Abia State and relaunched SPIDEL as a leading NBA section.

Giving more insights on the conference, the Conference Planning Committee (CPC) Chairman, Mr. Monday Ubani and Secretary, Mr. Wole Jimi-Bada said in a statement: “Recall that the last conference of the Section took place in Aba, Abia State and was a tremendous success, as everyone that participated attested to the richness of the conference that was clinically executed by the Chairman of the Section, Dr. Paul Ananaba SAN and the Conference Planning Committee headed by Mr. Chibuike Nwokeukwu SAN. Next year’s conference with the central theme of ‘The Role of Public Interest in Governance in Nigeria’ promises to be an earth-shaking event that will attract the crème de la crème of the noble profession and the political class in Nigeria.

“The three-day event has a load of sub-themes such as ‘Public interest and the respect of the rights of citizens to protest against certain policies of government,’ ‘The legality of Commission of Inquiry of the State Government over Police Brutality,’ ‘Enforcement of Judgement’ and ‘Locus standi in the light of the recent Supreme Court case of Centre for Oil Pollution Watch Vs NNPC’ among others.

“The event taking place in the ancient city of Ibadan in the South West promises to be an experience every lawyer whose interest is geared towards serving the cause of the masses will treasure for a long time. The various speakers that will be Resource Persons for the Conference will include the best array of experts on public interest litigation, top political decision makers and the shakers and movers of the Nigerian economy.

“The Conference will be declared open by the hardworking Governor of Oyo State, His Excellency, Mr. Seyi Makinde who has in his cabinet two active members of the Bar that were recently elevated to the Inner Bar. These are the Chairman of the Local Conference Planning Committee, Mr. Abiola Olagunju SAN who also heads the Oyo State Independent Electoral Commission and Professor Oyelowo Oyewo SAN, the Oyo State Attorney General and Commissioner for Justice. They will be pivotal to the successful hosting of the Conference next year in Oyo State.

“The indomitable President of the Nigerian Bar Association Mr. Olumide Akpata; the Head of the Secretariat, Mrs. Joyce Oduah, and the entire National Officers, including the National Executive Committee of the Bar have expressed their support for the forthcoming conference that promises not to be forgotten in a hurry for a long to come in the annals of NBA.”

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