June 2021

  • EDITOR'S CHOICE
  • Jun 30, 2021
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UWANNA, EKPIKEN SET TO WIN NBA LAGOS POLL

  • APATA HAS CALLED TO CONGRATULATE ME

Barring any last-minute upset, there are strong indications that leading corporate lawyer, Mr. Ikechukwu Uwanna will clinch today’s election for the chairmanship of the Nigerian Bar Association (NBA), Lagos Branch. He may have polled over 500 votes as against his closest rival who polled 100 plus votes.

Uwanna told CITY LAWYER that “(Anthony) Atata has called me to congratulate me.”

Also, Ms. Nta Ekpiken, largely viewed as the ‘new kid on the block,’ is coasting home as the new branch Secretary, going by feelers from impeccable sources.

Meanwhile, the election is being conducted on the Vote-Now.com LLC voting portal, confirming CITY LAWYER’s report that the firm would be contracted by the Electoral Committee as its ICT Partner.

There are strong indications that Mr. Anthony Atata will take the second position for the chairmanship race while Mr. Seth Amaefule may bring up the rear. For the position of secretary, Mr. Shola Abiloye will take the second slot while Mr. James Sonde may place a distant third.

The poll took off smoothly today at 8 o’clock and is scheduled to end by 6 pm. Many branch members who voted early said the exercise was seamless, and hoped it would be devoid of rigging.

A key stakeholder who spoke to CITY LAWYER said both Uwanna and Ekpiken may have clinched the posts due to the gap between the candidates.

When CITY LAWYER spoke with Amaefule at around 5 pm today, he said: “I have been in court all day. I got a Hearing Notice for a Ruling late last night. I just received a call from someone saying, ‘Congratulations for a good outing.’ I am not in touch with my agent, as the agents are not allowed to go into the Situation Room with their phones.’

The Electoral Committee had set up a voting centre at the MUSON CENTRE, Lagos for eligible voters who may experience connectivity and other challenges during the exercise.

  • EDITOR'S CHOICE
  • Jun 29, 2021
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72 SANS: BOSAN BLASTS LPPC, WANTS AWARD SUSPENDED; CJN VOWS REFORM

• BOSAN ACCUSES LPPC OF LOWERING CRITERIA
• ‘YOU HAVE STRAYED FROM 50-YEAR STANDARDS’
• ‘WE WILL REVIEW SAN CRITERIA’ – CJN

The Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad (CFR) has promised that the Legal Practitioners Privileges Committee (LPPC) would review the criteria for award of the coveted rank of Senior Advocate of Nigeria (SAN) in order to maintain its prestige, CITY LAWYER can authoritatively report.

The commitment is coming on the heels of a searing indictment of the Justice Muhammad-led LPPC by the influential Body of Senior Advocates of Nigeria (BOSAN). To underscore the gravity of its discontent, BOSAN has demanded that the conferment exercise be immediately suspended for the next three years to enable a thorough revamp of the award process.

BOSAN had come down hard on the LPPC for allegedly making a mockery of the award with conferment of the rank on an unprecedented number of 76 senior lawyers in the 2020 exercise.

In a November 27, 2020 letter obtained by CITY LAWYER and personally signed by Prof. Ben Nwabueze (SAN, NNOM), Prof. A. B. Kasunmu (SAN), Chief Folake Solanke (SAN, CON) and BOSAN’s longstanding Secretary, Mr. Seyi Sowemimo (SAN), the body lampooned the 2020 exercise for whittling the prestige of the rank. Titled “LEGAL PRACTITIONERS PRIVILEGES COMMITTEE’S LIST OF 72 LEGAL PRACTITIONERS FOR CONFERMENT WITH THE RANK OF SENIOR ADVOCATE OF NIGERIA FOR YEAR (SIC) EXERCISE: A STRONG NOTE OF CONCERN FROM THE BODY OF SENIOR ADVOCATES OF NIGERIA (BOSAN),” the letter was addressed to Justice Muhammad and copied to all LPPC members and the Attorney-General & Minister of Justice, Mr. Abubakar Malami (SAN).

Noting that Section 5(2) of the revised Legal Practitioners Act LFN 2004 mandates the LPPC to confer the rank on legal practitioners who have “achieved distinction in the legal profession,” BOSAN stated that “The rank of Senior Advocate of Nigeria, like its equivalent Queen’s Counsel (QC) in the United Kingdom, is an award on the merit for excellence in advocacy in the higher courts.” It added that “The rank of Senior Advocate of Nigeria is a hallowed and hard-earned privilege accorded a practitioner who has attained excellence in the profession.”

Turning to the 2020 exercise, BOSAN queried the steep rise in the number of awardees, saying: “However, we note with concern the number of persons namely 72 (seventy-two) listed for the conferment of the prestigious rank of Senior Advocate of Nigeria by the LPPC in the past week. Since April 3, 1975, when Chief F.R.A. Williams and Dr. Nabo Graham-Douglas were conferred with the prestigious rank till 2019, we have a total number 545 Senior Advocates over 45 years, representing an average conferment of 12 to 13 Senior Advocates per year.

“Conferment in the last five years also show a gradual, incremental approach. For example, in 2015, 19 Senior Advocates were added to the fold, 22 in 2016, 29 in 2017, 31 in 2018 and 38 in 2019.”

In a damning indictment of the 2020 exercise, the senior advocates said: “BOSAN struggles to understand the rationale for the over 100% increase from the previous year and a 600% increase from a 45-year average. We are dismayed at this out-stepping from the norms and standards established over nearly five decades of our legal history.”

Delivering its final judgment on the exercise, BOSAN said: “We are of the strong and painful view, and it would appear to many, that the criteria have been whittled down and the bar/benchmark lowered to the extent of defeating the description of excellence as a sine qua non for attaining the prestigious rank.”

Underscoring the gravity of its position, BOSAN demanded that the 2021, 2022 and 2023 conferment exercises should be paused, saying: “In being economical with expression, we make bold to state that the weak and further weakened criteria for the conferment of Senior Advocate of Nigeria, including the extant guidelines, have combined to water-down the standard and core requirements of excellence and distinction. In the circumstances, and with all due respect, we strongly suggest that your lordship’s Committee put on hold the processes for the next three years (i.e. 2021, 2022 and 2023); and use the intervening period to conduct a credible and comprehensive review of the entire process.”

Mapping out the key areas of concern, the senior advocates said the review must include an appraisal of the guidelines and administrative processes leading to the selection, the personnel at the SAN/LPPC Administrative Secretariat/Department, proper pre-screening of applicants, as well as competitive processes and independent assessment free from lobbying, even as BOSAN pledged its “support of this critical review process in every way possible.”

CITY LAWYER gathered that BOSAN would today at its meeting appoint a committee to aid the planned review of the LPPC Guidelines.

In his response dated May 26, 2021, exactly six months after BOSAN’s complaint, and titled “RE: LEGAL PRACTITIONERS PRIVILEGES COMMITTEE’S LIST OF 72 LEGAL PRACTITIONERS FOR CONFERMENT WITH THE RANK OF SENIOR ADVOCATE OF NIGERIA FOR THE 2020 EXERCISE,” Justice Muhammad stated that the LPPC had considered BOSAN’s concerns “in detail,” adding that a review would be undertaken to strengthen the conferment process.

Signed on behalf of the committee by Hadizatu Uwani Mustapha, its secretary and the Chief Registrar of the Supreme Court, the letter read: “I have been directed by the Chairman of the Legal Practitioners’ Privileges Committee Hon. Justice I.T. Muhammad, CFR to acknowledge receipt of your letter dated 27th November, 202 (sic), on the above subject matter and to inform you that the Committee has considered in detail, your letter and having regard to the role of your Committee decided to set up an Adhoc-Committee to look into ways to strengthening the criteria for the conferment of the rank of Senior Advocate of Nigeria.”

In an October 26, 2020 letter by Chief Solanke to Justice Muhammad obtained by CITY LAWYER and titled “2018 Guidelines for the conferment of the rank of Senior Advocate of Nigeria,” the foremost jurist and first female Senior Advocate of Nigeria had decried “disconcerting phrases” such as “national character,” “geographical spread”and “gender representation,” urging “that action be undertaken by the appropriate authorities to reconsider the disturbing phrases so that merit remains inviolate.”

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

 

  • EDITOR'S CHOICE
  • Jun 28, 2021
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AGC FEES: NBA-NEC COMMUNIQUE CONFIRMS CITY LAWYER REPORT

The controversy over the schedule of registration fees to be charged at this year’s Nigerian Bar Association (NBA) Annual General Conference may have been laid to rest following release of the communique for the last quarterly meeting of NBA National Executive Committee.

Though CITY LAWYER had in an exclusive report stated that “young lawyers will pay N80,000 for in-person attendance at the conference should they fail to register via the early bird and regular windows,” NBA had issued a Press Release describing the report as “misinformation” and urging stakeholders to disregard it.

In the statement issued by the Publicity Secretary, Dr. Rapulu Nduka, NBA said: “The attention of the leadership of the Nigerian Bar Association has been drawn to the misinformation making the rounds with regards to the Annual General Conference 2021 registration fees.

“We urge members to disregard the said publication as the Technical Committee on Conference Planning will release the appropriate registration fees in due time.”

But the communiqué issued today by the NBA has validated the CITY LAWYER report, stating that “NEC further adopts the proposal of the TCCP that the 2019 conference registration fees be retained for the 2021 conference notwithstanding inflation and increased costs of goods and services.”

It is recalled that the 2019 Technical Committee on Conference Planning (TCCP) had in a Press Release stated that lawyers who are 1-5 years post-call would pay N15,000 and N40,000 respectively during the Early Bird and Regular windows while late registration would attract N80,000.

The communiqué also confirmed that the annual conference would be held during the last week of October in Port Harcourt, saying: “Taking into consideration the uncertainties, delays and other challenges occasioned by the Covid-19 pandemic and other matters, NEC ratifies the proposal of the Technical Committee on Conference Planning (TCCP) that the 2021 Annual General Conference be held in the last week of October 2021 in Port Harcourt, Rives State.

“NEC approves the proposal of the TCCP that the conference be held both physically and virtually. NEC urges NBA President and the TCCP to interface with Rivers State Government and other relevant authorities to ensure a Covid-19 compliant environment for the physical conference and to ensure that the access roads to the conference location, and other necessary logistics of hosting a stress-free conference in the State are created.”

The NBA-NEC also took other far-reaching decisions on the suspension of Twitter operations in Nigeria, the conduct of “certain lawyers serving in the FGN” who fail to advise the government appropriately, increasing spate of insecurity in the polity, attacks on public assets, reported extra-judicial killings of citizens alleged to be associated with secessionist movements, the “inordinate delay in the issuance of enrolment numbers to new lawyers by the Supreme Court of Nigeria,” and encroachment of non-lawyers into the legal space, among others.

Below is the full text of the communiqué.

COMMUNIQUE ISSUED AT THE END OF THE QUARTERLY MEETING OF THE NATIONAL EXECUTIVE COMMITTEE OF THE NIGERIAN BAR ASSOCIATION HELD ON THURSDAY 24TH DAY OF JUNE 2021 AT THE NBA NATIONAL SECRETARIAT, ABUJA FCT

1.0. INTRODUCTION

1.1. The Nigerian Bar Association (“NBA”) held her 2nd National Executive Committee (“NEC”) meeting of 2021 on 24th June 2021 at the National Secretariat of the NBA.

1.2. Several issues were discussed including the recently suspended industrial action by Judiciary Staff Union of Nigeria (“JUSUN”); the shrinking of the civic space through recent actions and policies of the Federal Government of Nigeria (FGN); the State of the Nation including the deteriorating state of national security; the protracted crises within the Abuja Branch of the NBA; the welfare of lawyers; scale of charges and remuneration in the legal profession; the harassment of lawyers in the course of practicing their vocation; the incursion of the legal services space by non-lawyers; and other matters of interest to the NBA, in particular, and the society at large.

2.0. RESOLUTIONS

At the end of the extended deliberations, the following resolutions, among others, were reached:

STATE OF THE NATION

Judiciary and Administration of Justice

2.01 NEC observes the festering situation in the Gombe State Judiciary where the State Governor, Muhammad Inuwa Yahaya, continues the elongation of the tenure of the Acting Chief Judge against the recommendation of the National Judicial Council (NJC) to the effect that Justice Beatrice Iliya should be appointed and sworn in as the substantive Chief Judge of the State.

2.02 NEC resolves that NBA must make a very strong case to the Governor of Gombe State on the unconstitutionality of his actions and of any further extension of the tenure of the Acting Chief Judge, with a demand for the Governor to desist from such constitutional breach forthwith.

2.03 NEC further urges the NJC to take decisive action on the flagrant flouting of its directives, else it could be viewed as being complicit in the Governor’s disrespect for the rule of law.

2.04 NEC observes with displeasure that of the over 24 months’ salary being owed some Magistrates in Cross River State, only one month’s salary has been paid since the NBA’s intervention. NEC resolves that the Chairman of NBA Calabar must, on behalf of NEC, further engage with the Chief Judge of Cross-River State and other stakeholders, with a view to bringing the impasse to an end.

2.05 NEC commends the leadership of the NBA for the various roles it played in seeing that the protracted JUSUN strike was suspended. NEC, however, urges the NBA President to ensure that the terms of the Memorandum of Action signed by JUSUN and the Nigerian Governors’ Forum are respected so that the strike will not be reactivated.

Constriction of civic space

2.06 NEC notes with grave concern (a) recent actions and policies of the FGN that appear to constrict the civic space and limit constitutionally guaranteed rights of citizens in a democracy. In particular, NEC condemns the recent suspension of the micro blogging site, Twitter, by the FGN; and (b) the embargo placed by Nigerian Broadcasting Commission on broadcasters from using contents generated from Twitter. NEC considers both acts as veiled gagging of the media, and suppression of the civic space by the government.

2.07 NEC further notes that such actions by the FGN have the tendency of undermining Nigeria’s democracy and investment attractiveness especially as such acts and policies may, if not challenged, be extended to other platforms and avenues that are available to citizens to express their constitutionally guaranteed rights. Accordingly, NEC supports and ratifies the decision of the NBA President to challenge the constitutionality of the said policies and actions through the NBA Public Interest Litigation Committee.

2.08 NEC decries the conduct of certain lawyers serving in the FGN who fail to advise the government appropriately thereby leading to policies by the government which either flout the fundamental rights of citizens or have the tendency of bringing the profession to disrepute. To this end, NEC directs the NBA President to reach out to lawyers serving in the FGN on the need to properly advise and guide the government in accordance with the dictates of the Constitution and respect for fundamental rights and freedoms.

Increasing spate of insecurity

2.09 NEC strongly condemns the attacks on public assets such as INEC offices, police stations and military formations by the so-called unknown gunmen; the killing of law enforcement agencies and prominent citizens such as Ahmed Gulak and Justice Stanley Nnaji (Rtd.), amongst others. NEC further condemns the reported extra-judicial killings of citizens alleged to be associated with secessionist movements and demands that the government should deploy the carrot and stick approach in tackling the resurgent secessionist agitations so as not to exacerbate the crises.

2.10 NEC decries the worsening security situation in the Nigeria including the unabating insurgency, incessant abductions, unending crisis between herders and farmers, kidnappings and attacks on communities and individuals, and calls upon governments at all levels to take more proactive steps towards stemming this tide.

Lawsuit challenging elongation of IGP’s tenure

2.11 NEC rues the implications of the recent judgment of a Federal High Court which upheld the powers of the President of the Federal Republic of Nigeria to elongate the tenure of the Inspector General of Police.

2.12 NEC notes the pendency of the lawsuit filed by the NBA through its Public Interest Litigation Committee on the same subject matter and urges the NBA to continue to conscientiously prosecute same through all levels of court in Nigeria as such is required to set a precedent for the future conducts and decisions of public office holders in similar circumstances.

STATE OF THE BAR

Enrollment Number for New Lawyers

2.13 NEC expresses deep concerns over the inordinate delay in the issuance of enrolment numbers to new lawyers by the Supreme Court of Nigeria. NEC accordingly urges the NBA President to continue to constantly liaise with the Chief Registrar of the Supreme Court of Nigeria with a review to ensuring that the affected new wigs are issued their enrolment numbers.

Scale of Charges and Remuneration of Lawyers

2.14 NEC approves the work being done by the NBA Remuneration Committee in developing a realistic and enforceable scale of charges for lawyers and in addressing the issue of poor remuneration amongst lawyers, and directs the leadership of the various branches of the NBA with similar initiatives to work with the NBA Remuneration Committee in developing a central and robust framework that will be acceptable to lawyers.

Encroachment of Non-Lawyers into the Legal Space

2.15 NEC decries the continued encroachment of non-lawyers (including corporate bodies and other institutions) into areas that are considered to be the preserve of legal practitioners through the offering of legal services, in many cases with the connivance or support of some lawyers.

2.16 NEC also notes, with concern, the increasing trend of lawyers who offer their services in a manner that is inconsistent with the rules or practice of the legal profession.

2.17 NEC further directs that:

(a) the NBA Disciplinary Committee should promptly investigate any complaints against lawyers (including in-house counsel and heads of legal departments) who undertake, advise on, participate in, or supervise the establishment or operation of schemes that purport to, or have the tendency of, unlawfully encroaching into areas of practice of lawyers or who undertake other similar acts that are inconsistent with rules and practice; and (b) the leadership of the NBA Section on Legal Practice to take more proactive steps to address some of the known cases of infraction and possibly prompt the commencement of criminal prosecution of the offenders.

2.18 NEC notes that certain laws in Nigeria require that the services of Nigerian lawyers must be retained in relation to certain matters, and accordingly directs the NBA President to engage with the Nigerian Content Development and Monitoring Board and other relevant stakeholders with a view to ensuring that foreign and local investors retain indigenous legal practitioners and law firms for their legal services needs in the prescribed cases.

2.19 NEC charges the leadership of NBA Branches to be more pro-active and innovative in checking against sharp practices and other unethical practices by lawyers and court officials such as the use of affidavit to convey or transfer title over real property.

Harassment of Lawyers

2.20 NEC reviles the circumstances leading to the brutalization of the Chairman of the Makurdi Branch of the NBA by operatives of the Economic and Financial Crimes Commission (EFCC) on 8th June 2021.

2.21 NEC commends all the efforts taken by the NBA President thus far, in seeing that the officers involved in the act are disciplined by the EFCC, and further directs the NBA President to take the opportunity of the unfortunate Makurdi incident to finally put an end to the epidemic of brutalization and harassment of legal practitioners by law enforcement agencies in the discharge of the lawyer’s professional duties.

Attitude, language, and conduct of lawyers in public

2.22 NEC observes the deplorable and heightened trend of lawyers commenting in public fora on sensitive matters which are pending before the courts, and urges all lawyers to desist from this practice. NEC further observes that intemperate language is spreading among members of the Bar, both in dealings amongst lawyers and in dealings with the Bench. NEC deprecates such behavior and urges that disciplinary action be taken against lawyers who indulge in such conducts and that reports for disciplinary action be made against members of the Bench who are also found wanting.

Annual General Conference

2.23 Taking into consideration the uncertainties, delays and other challenges occasioned by the Covid-19 pandemic and other matters, NEC ratifies the proposal of the Technical Committee on Conference Planning (TCCP) that the 2021 Annual General Conference be held in the last week of October 2021 in Port Harcourt, Rives State.

2.24 NEC approves the proposal of the TCCP that the conference be held both physically and virtually. NEC urges NBA President and the TCCP to interface with Rivers State Government and other relevant authorities to ensure a Covid-19 compliant environment for the physical conference and to ensure that the access roads to the conference location, and other necessary logistics of hosting a stress-free conference in the State are created.

2.25 NEC further adopts the proposal of the TCCP that the 2019 conference registration fees be retained for the 2021 conference notwithstanding inflation and increased costs of goods and services.

Reports of Standing and Ad-Hoc Committees

2.26 NEC approves the interim report of the following Standing and Ad-hoc Committees: (i) Constitution Review Committee; (ii) Welfare Committee; (iii) Human Rights Committee;

(iv) Digital Committee; (v) Legal Education Committee and (vi) Remuneration Committee.

2.27 NEC ratifies the appointment of six (6) Zonal Coordinators for the NBA Human Rights Committee which is aimed at ensuring easier coordination and facilitating the achievement of the mandate of the Committee.

NBA Abuja Branch Crisis

2.28 NBA President informs NEC that pursuant to the mandate given to him at the NEC meeting held in Uyo on the 18th of March 2021 to conclusively deal with the crisis in NBA Abuja Branch in the most expedient manner, he has decided to take the option of splitting the branch and will proceed to implement immediately and report back to NEC upon completion.

OTHER MATTERS
Resuscitation of Military and Paramilitary Fora

2.29 NEC resolves that the forum for lawyers in the armed forces and paramilitary should be resuscitated to reignite the interest of such members and to drive the discussions on issues affecting the Bar and the military and paramilitary agencies. NEC further mandates the NBA President set up the Governing Council of the fora for approval by NEC.

Establishment of New Fora

2.30 NEC approves the establishment of three new fora namely: (i) the Corporate Counsel Forum; (ii) the Law Officers Forum; and (iii) the Lawyers with Disability Forum, each to deal with issues concerning, and cater to the peculiar interests of, members who fall within these special interest groups and to engender diversity and inclusion in the affairs of the NBA. NEC further approves the membership of the Governing Council of the new fora as announced by the NBA President.

Young Lawyers Permanent Observers at NEC

2.31 In order to further engender inclusion, NEC approves that the appointment of 10 young lawyers as announced by the NBA President as Permanent Observers at all NEC meetings during the term of the current administration of the NBA, pending such time that the NBA Constitution is amended to allow for young lawyers to be appointed into NEC as members.

Ratifications

2.32 NEC ratifies: (a) the participation of lawyers in the National Health Insurance Scheme (NHIS) and approves the partnership between the NBA and NHIS which will see lawyers and members of their families enjoy primary, secondary and tertiary health services at a deeply discounted rate of N15,000 per annum. NEC further ratifies that in order to test-run the scheme, NBA should pay the health cover premium for 1,000 eligible lawyers selected from across all branches of the NBA; and (b) the setting up of an NBA Help Desk within the CAC to address the service level issues being faced by lawyers pending such time that the current challenges at the CAC are holistically or satisfactorily dealt with.

Further information

Further information on the above resolutions, including details of other matters discussed, and resolutions passed, at the said NEC meeting can be found in the minutes of the NEC meeting which will be circulated to NEC members, a copy of which will be available for inspection at the NBA Secretariat from 1st July 2021.

Dated this 25th day June 2021

……………………………

OLUMIDE AKPATA
NBA PRESIDENT

………………………………..

JOYCE ODUAH
GENERAL SECRETARY

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jun 26, 2021
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SPIDEL APPOINTS FALANA, AMADI TO HEAD KEY GROUPS

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has appointed fiery human rights lawyers, Messrs Femi Falana SAN and Sam Amadi to head its two key groups.

Speaking at the recent NBA National Executive Committee (NBA-NEC) Meeting in Abuja, the Chairman of SPIDEL Governing Council, Dr. Monday Ubani stated that the Section has two main objectives which are pursuit of public interest issues and development of legal framework for accelerated economic development in the country.

He informed NEC that the leadership has established two groups, namely The Public Interest Law Group and The Development Law Group for the Section, adding that there is a strong link between law and economic development. While The Public Interest Law Group will be chaired by Mr. Femi Falana SAN, The Development Law Group will be chaired by Dr. Sam Amadi. The membership of the two groups would be announced soon.

He stated that would soon “engage in aggressive membership drive across the entire branches of the Federation. Towards this end, we have laid out a plan to appoint Coordinators and Secretaries in all the branches of the NBA. The Coordinators and Secretaries will recruit and at the same maintain existing membership of the Section in their various branches. Their second task is to help SPIDEL realize its objectives at the grassroot level in the pursuit of citizens’ rights generally.”

According to Ubani, “Membership of the Section is critical to its activities and a fulfillment of our mapped out objectives. Already we have started with aggressive gospel that every lawyer with conscience must first and foremost be a registered member of SPIDEL.

“We therefore solicit that every lawyer of conscience should without any further prompting from us register and join all the suitable committees to help actualize our dream country and legal practice. We need you and the nation needs you more as a lawyer with conscience.”

He informed NEC that the Section has set up an operational office in Abuja and employed a Program Officer to man the office. This is to accelerate the institutionalization process of the Section. The Section has also established SPIDEL Young Lawyers’ Forum. This is part of the institutionalization process and mainstreaming of SPIDEL objectives in the consciousness of young lawyers. “We must consciously and strategically groom our young lawyers to take the legal profession to the next level,” he said.

The Chairman stated that SPIDEL would engage in strategic litigation to push the frontiers of public interest, adding that this would be in collaboration with other NBA Sections and Committees such as the Public Interest Litigation Committee. According to Ubani, the recent Practice Direction issued by the Federal High Court in favour of the Federal Inland Revenue Service (FIRS), a prospective litigant, “requires timely intervention by NBA as the only body that stands as a bulwark against oppression by any government in power.”

On the suspension of Twitter operations in Nigeria, the SPIDEL Chairman said that the Section is collaborating with the Public Interest Litigation Committee to seek legal reliefs, even as Ubani had in his personal capacity filed a lawsuit against the action.

He listed other thematic areas for the new SPIDEL leadership to include Niger Delta Development Project, Promoting the Rights of Internally Displaced Persons, Federalism Project, and 2023 General Election.

Ubani informed the meeting that NBA President, Mr. Olumide Akpata launched a human rights App at the just concluded NBA-SPIDEL Annual Conference in Ibadan code-named “SOROSOKE”. The App is to aid victims of human rights abuses in reporting and tracking such abuses. He said that SPIDEL members at the branch level “would be utilised effectively to seek reliefs on behalf of victims of human rights’ abuses throughout Nigeria.”

He stated that the Section held a successful election after its sold-out Annual Conference, commending members of the Conference Planning Committee which he led as well as the Local Organising Committee and NBA Ibadan Branch “for a job well done.” According to Ubani, the election “marked the end of the eventful tenure of Prof. Paul Ananaba SAN.”

The Council consists of Ubani as Chairman, Dr. Princess Chukwuani (Secretary), Mr. Steve Abah (Vice Chairman), and Ms. Funmi Adeogun (Treasurer). Other Council Members are Dr. Paul Ebiala, Mr. Emeka Nwadioke, Ms. Anne Agi, Chief Kunle Adegoke SAN, Mr. Kunle Edun, Mr. Abdullahi Karaye, Mrs. Igbeaku Evulukwu, Mr. Echo Godfrey, Mr. Kola Omotinugbon and Prof. Paul Ananaba SAN.

The report was received by Akpata. Meanwhile, some NEC members commended the new SPIDEL leadership for paying attention to the Development Law mandate of the Section as well as its resolve to appoint Coordinators at the branch level.

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jun 26, 2021
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AGC REGISTRATION: YOUNG LAWYERS TO PAY 80K IF …

Barring any last-minute change of mind, young lawyers will cough out N80,000 to attend the forthcoming Nigerian Bar Association Annual General Conference (NBA-AGC) scheduled for Port Harcourt, Rivers State.

According to a schedule of fees obtained by CITY LAWYER, young lawyers will pay N80,000 for in-person attendance at the conference should they fail to register via the early bird and regular windows.

Lawyers of 6-10 years post-call will pay N120,000 as late registration while those of 11-15 years post-call will pay N140,000 late registration for in-person attendance.

There are strong indications that the conference will be a hybrid event, as the schedule contains options for in-person and hybrid attendance.

The Technical Committee on Conference Planning (TCCP) had at the recently concluded NBA-NEC Meeting in Abuja proposed the last of week of October as the date for the 2021 AGC. The committee is chaired by former NBA Port Harcourt Branch Chairman, Mr. Victor Frank-Briggs. It was unclear at press time whether the committee has put a seal of finality on the schedule.

The full schedule of fees is available at this link:

https://citylawyermag.com/wp-content/uploads/2021/06/NBA-AGC-2021-Conference-Fees.pdf 

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  • EDITOR'S CHOICE
  • Jun 25, 2021
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NBA-NEC: SIGHTS & SIGHTS OF BARBEQUE DINNER, BREAKFAST

Life Bencher and Bar Leader, Chief Joe-Kyari Gadzama, SAN today hosted Nigerian Bar Association National Executive Committee (NBA-NEC) delegates to a Departure Sunrise Breakfast to mark the end of proceedings at the quarterly meeting. He had last Wednesday also hosted the delegates to a Welcome Barbeque Dinner & Dance at his state-of-the-art J-K Gadzama Court in central Abuja.

Below are faces at the events.

  • EDITOR'S CHOICE
  • Jun 25, 2021
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  • Comments Off on ANANABA HEADS LAW SCHOOL ‘CLASS OF 91’ 30TH ANNIVERSARY TEAM

ANANABA HEADS LAW SCHOOL ‘CLASS OF 91’ 30TH ANNIVERSARY TEAM

Leading litigator and immediate past Chairman of Governing Council of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Prof. Paul Ananaba SAN has been appointed as Chairman of the Planning Committee for the 30th anniversary of his Nigerian Law School Class of 1991.

In a statement obtained by CITY LAWYER, the Leader of the Class and vocal senior lawyer, Mr. Jibrin Okutepa SAN said the appointment followed the “the power given to me to constitute a Planning Committee to plan and organise a befitting anniversary celebration.”

Reeling out the terms of reference for the committee, Okutepa said: “They (committee members) are to plan for our 30th anniversary celebrations. They have the mandate to plan and organise a befitting 30th anniversary of our call to Bar.”

CITY LAWYER recalls that Ananaba was instrumental to the resuscitation of then moribund NBA-SPIDEL. Increasingly viewed as the go-to lawyer on issues of strategy and organizational turn-around, Ananaba spearheaded two SPIDEL annual conferences within three years, taking the section from the back waters of NBA activities to its present status as one of the foremost and coveted NBA sections.

Aside from Ananaba, other members of the committee are
1) Mrs. Abimbola Akeredolu SAN – Alternate Chairman
2) Aare Muyiwa Akinboro SAN
3) Dr. Soni Ajala SAN
4) Hon. Justice Muhammed Muhammed
5) Hon. Justice Emmanuel Ubua
6) Mrs. Joyce Oduah
7) Mrs. Bimbo Otahumele
8) Dr. Ezra Yakusak
9) Justin Chuwang – Alternate Secretary
10) Akeem Lawal
11) Supo Ati-John
12) Collins Boleigha
13) James Modupe Derby – Secretary
14) Sylvanus Tahir
15) Hon. Shaba Isah Ibrahim
16) Sam Kargbo.

Ex- officio members include Okutepa and former NBA Lagos Branch Chairman, Mr. Alex Muoka.

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

 

  • EDITOR'S CHOICE
  • Jun 25, 2021
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ROTATIONAL PRESIDENCY: ELECTORAL REFORM C’TE WANTS NBA CONSTITUTION AMENDED

The Nigerian Bar Association Electoral Audit and Reform Committee (NBA-EARC) has called for the amendment of the NBA Constitution to clearly provide for rotational presidency.

In a 44-page report obtained by CITY LAWYER, the committee poked holes in the NBA Constitution as it relates to rotational presidency and recommended that “The NBA Constitution should be amended to specifically state/identify the different groups and/or sections in a geographical zone since different groups and/or sections do not appear to mean a state within the geographical zone.”

The committee “identified the issues that plagued the 2016, 2018 and 2020 elections and classified them into three broad categories; namely: (i) Pre-election issues, (ii) Election Day issues and (iii) Post-Election issues.”

Specifically, it identified “Non-implementation of the rotational policy as it relates to the different groups and/or sections in a geographical zone as stated in the constitution” as a major stumbling block towards free and fair NBA elections.

Other challenges that hampered the elections were: Delay in appointment and appearance of lack of Independence of the ECNBA; Appearance of lack of transparency in the engagement of service providers; Negative impact of money driven campaigns on the election’s credibility; Involvement of the sitting NBA President in the electoral process; Non-implementation of the rotational policy as it relates to the different groups and/or sections in a geographical zone as stated in the constitution; Cumbersome verification process; Lack of integrity and late publication of the list of eligible voters; Lack of integrity of the NBA voting portal; Involvement of the NBA Secretariat in the electoral process; and Poor IT knowledge of some Lawyers.

Turning to the controversial issue of rotational presidency, the committee recommended that “The NBA Constitution should be amended to specifically state/identify the different groups and/or sections in a geographical zone.”

According to the committee which was chaired by respected senior lawyer and longstanding NBA Lagos Branch Electoral Committee Chairman, Mr. Ayodele Akintunde SAN, “The committee found that “Another area of concern is the interpretation of the constitutional provisions of zoning particularly with respect to the election to the office of the President.

“The rotational presidency of the NBA was initially an informal arrangement until it was formalized by its incorporation into the NBA Constitution. Sadly, what started out as an arrangement geared toward promoting an all-inclusive bar is now posing a threat to the unity of the Bar.

“The NBA is divided into three (3) geographical zones for the purpose of electing National Officers namely- Northern Zone, Eastern Zone and Western Zone. The list of states that make up the respective geographical zones are set out in Paragraph 1.2 (e) of the Second Schedule to the NBA Constitution.

“The Northern Zone is made up of the following states: Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and Abuja. The Eastern Zone is made up of the following states: Abia, Akwa Ibom, Anambra, Enugu, Bayelsa, Ebonyi, Cross River, Imo, and Rivers while the Western Zone is made up of the following states: Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun, and Oyo.

“Since the amendment of the NBA Constitution in 2015, the geographical rotation of the position of President of the NBA has been complied with. In 2016, Mr. Abubakar Mahmoud, SAN from the Northern Zone was elected as President while in 2018, Mr. Paul Usoro, SAN from the Eastern Zone was elected and more recently in 2020, Mr. Olumide Akpata from the Western Zone was elected as President.

“In past elections, members of the NBA have alleged that some ethnic associations within the NBA amass support for candidates from select states within a geographical zone thereby marginalizing candidates from other states despite the provisions of paragraph 2.2 (d) of the Second Schedule to the NBA Constitution which provides for the rotation of a position in turn by the different groups and/or sections in the geographical zone.”

The committee therefore recommended that “The provisions of Section 9 (d) and Paragraph 2.2 (d) of the Second Schedule to the NBA Constitution should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

It also urged that “The NBA Constitution should be amended to specifically state/identify the different groups and/or sections in a geographical zone since different groups and/or sections do not appear to mean a state within the geographical zone,” adding that “The ECNBA in its preliminary notice for the election of National Officers of the NBA should specify which group and/or section in a geographical zone the position is rotated to as a measure to ensure adherence to Section 9 (d) and Paragraph 2.2 (d) of the Second Schedule of the NBA Constitution.”

The Committee stated that it “is of the firm view that if the recommendations contained in this Final Report are implemented, future elections of National Officers of the NBA by electronic voting will be devoid of the controversies which have plagued past elections,” while urging the Olumide Akpata led association to “commit to making the required changes to its electoral processes and reference point for conducting credible, free and fair elections in Nigeria and rebuild confidence in the electoral process for the overall good of all. NBA must be true to its motto which is “promoting the rule of law”.

It is recalled that Akpata had during his inaugural address promised to reform NBA’s electoral system to ensure that it is devoid of the controversies that had trailed its elections especially since the advent of electronic voting. The committee was on September 30, 2020. CITY LAWYER gathered that the NBA-EARC Report was presented to the NBA-NEC Meeting at Uyo, Akwa Ibom State.

The full report is available at this link.
https://citylawyermag.com/wp-content/uploads/2021/06/FINAL-REPORT-EARC.pdf

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

 

NBA LAGOS ELECTIONS POSTPONED

  • ELECTORAL C’TE CITES VOTERS’ REGISTER ISSUES

  • COMMITTEE HIRES VOTE-NOW, USA VOTING FIRM

The eagerly awaited Nigerian Bar Association (NBA), Lagos Branch Election has been postponed due to challenges encountered by the Electoral Committee in producing a valid voters’ register. The influential branch has by far the largest voting bloc in NBA.

Announcing the postponement of the election during the “NBA Lagos Manifesto Day” held last Friday, Chairman of the Electoral Committee, Mr. Wale Akoni SAN said the postponement was to avoid breaching the NBA Uniform Bye Laws which provides that the register must be published 14 days to the election. The election will now hold on June 30, 2021 as against the earlier date of June 28 fixed by the committee.

Akoni bemoaned the state of the branch database, saying that it was “really, really difficult” validating eligible voters for the poll. Noting that “We shouldn’t be here in 2021,” the leading litigator observed that “there is so much technology available” to deal with database challenges, adding that there should be a platform where information on members’ payments and attendance at meetings among others should be readily available.

The Electoral Committee also said that it is “still attending to questions and complaints” from branch members, notwithstanding that it had released the “Final list of eligible voters” containing 885 names, up from 832 provisional voters’ list. Some members have complained that they may be unduly disenfranchised due to the absence of their names on the voters’ register. The final voters’ list has 111 more eligible voters than the 2019 register with 774 voters.

The committee had in a rare email to members stated that “Elections are by electronic voting,” adding that “The link to the secret ballot will be sent electronically to all eligible voters. Eligible voters can vote online from their computers or mobile devices anywhere in the world.” The committee also plans to provide computers in yet-to-be-disclosed designated centres for eligible voters who may wish to cast their ballots there. The candidates’ manifestos have been published on the dysfunctional election website.

Meanwhile, barring any last-minute change of mind, CITY LAWYER can authoritatively reveal that the Electoral Committee has opted for Vote-Now.com LLC as the voting platform for the election. Vote-Now.com was the platform adopted for the 2019 rancour-free poll conducted by the Richard Akintunde-led Electoral Committee. The company prides itself as providing balloting services that “reduce the time, expense, and environmental impact of your election process, while increasing voter turnout and member participation in governance.”

According to the Jacksonville, USA based company, “The VTNW balloting system was specifically designed by University Scientists for use in Professional organization elections. With 23+ years of experience conducting web-based elections, we have assisted hundreds of business and academic professional organizations, HOA’s, non-profit groups, and universities with their balloting needs.” The branch paid about $2300 for the deployment of the platform, Akintunde told CITY LAWYER in an interview to herald the 2019 Elections.

Meanwhile, only two posts will be contested during the elections, as the other positions are unopposed. While Messrs Anthony Atata, Seth Amaefule and Ikechukwu Uwanna will slug it out for the coveted post of Branch Chairman, the race for who becomes the next Branch Secretary is between Miss Nta Ekpiken, Mr. Shola Abiloye and incumbent Publicity Secretary, Mr. James Sonde.

CITY LAWYER recalls that leading corporate lawyer and outgoing Branch Chairman, Mr. Yemi Akangbe had  during the 2019 Elections polled 440 (56.8%) of the 774 votes to beat his closest rival, Mr. Adebola Lema who garnered 311 votes or 40.2%. 

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.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.

 

  • EDITOR'S CHOICE
  • Jun 23, 2021
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GADZAMA HOSTS NBA-NEC DELEGATES TODAY, HAILS AKPATA

Life Bencher, Chief Joe-Kyari Gadzama, SAN has described the Nigerian Bar Association National Executive Committee (NBA-NEC) as the “engine room of the largest bar in Africa,” adding that it “bears on its members the burden of ensuring the legal profession in Nigeria progresses as expected.”

In a statement made available to CITY LAWYER, the leading litigator also commended NBA President, Mr. Olumide Akpata led Executive “for their tireless work at ensuring the Bar in Nigeria remains alive to its duties and obligation,” adding that “I believe a lot if not all lawyers share this sentiment with me.”

Meanwhile, Gadzama has invited the delegates to Welcome Barbeque Dinner/Dance and Departure Sunrise Breakfast. The notice reads:

Joe-Kyari Gadzama, SAN a former Chairman of the Nigerian Bar Association (NBA) Abuja Branch has invited NBA-NEC Members arriving today Wednesday, 23 June, 2021 for the NBA-NEC Meeting to a Welcome Barbeque Dinner & Dance this evening by 8:00 pm at the Pent Floor Terrence, 4th Floor, J-K Gadzama Court, Plot 1805, Damaturu Crescent by Kabo Way, Off Ahmadu Bello Way, Garki 2, Abuja.

The learned silk also invites the NEC Members to a Departure Sunrise Breakfast by 7:30 am on Friday, 25 June, 2021 at the same venue before they depart for their respective branches.

Dress Code: Smart Casual

Below is the full text of the Goodwill Message.

GOODWILL MESSAGE FROM JOE-KYARI GADZAMA, SAN TO THE NIGERIAN BAR ASSOCIATION (NBA) NATIONAL EXECUTIVE COMMITTEE (NEC) MEMBERS AS THEY HOLD THEIR ALL IMPORTANT NBA-NEC MEETING SCHEDULED FOR THURSDAY, 24 JUNE, 2021 AT THE NBA AUDITORIUM, NBA HOUSE IN ABUJA

It is with profound humility and utmost pleasure that I felicitate and welcome the distinguished and hallowed Members of NBA-NEC to another meeting of the body in Abuja, my own primary constituency.

The NBA-NEC being the engine room of the largest bar in Africa bears on its members the burden of ensuring the legal profession in Nigeria progresses as expected. Therefore, I commend every member of the NBA-NEC for your efforts and dedication in ensuring that the legal profession in Nigeria thrives and competes favorably with its counterparts around the world. Posterity will indeed recognize all of your sacrifices.

Furthermore, I must especially commend the leadership of the Olumide Akpata led Executive for their tireless work at ensuring the Bar in Nigeria remains alive to its duties and obligation. I believe a lot if not all lawyers share this sentiment with me.

Once more, I congratulate and welcome NBA-NEC Members and wish them journey mercies to Abuja, successful deliberations and safe travels back to your respective Branches.

God bless you all.

Thank you.

______________________________
JOE-KYARI GADZAMA, OFR, MFR, SAN
Fmr. Chairman, NBA Abuja Branch
Pioneer Chairman, NBA-SPIDEL
Fmr. Vice-Chairman, NBA-SLP

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jun 22, 2021
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BREAKING: ECOWAS COURT TO HEAR SUIT ON TWITTER BAN TODAY

The Economic Community of West African States (ECOWAS) Community Court of Justice is about now hearing the suit filed by Socio-Economic Rights and Accountability Project (SERAP) challenging the “suspension” of micro-blogging site, Twitter by the Federal Government.

In a tweet monitored by CITY LAWYER, SERAP stated that the government had filed an objection against the suit, adding that SERAP would take steps to respond to the objection.

Said SERAP: “BREAKING: Twitter ban: The Nigerian government this evening served us a notice of preliminary objection and counter-affidavit to the ECOWAS suit by SERAP and 176 Nigerians.

“Since the suit is coming up tomorrow [22 June 2021], we are filing our response electronically tonight.”

Several commentators commended SERAP for its decision to challenge the ban, even as one Cletus Nwafor @CletusNwafor said: “#TwitterBaninNigeria is a human rights crisis that must be resisted. #StoptheNigerianGovt #Resist #KeepitOn.”

Many individuals and organisations including the Nigerian Bar Association (NBA) have lampooned the ban on Twitter, even as many have continued to access the site through virtual private network (VPN).

Among the plaintiffs are the Registered Trustees of SERAP as well as former Minister of Education, Oby Ezekwesili and co-founder of the #BringBackOurGirls movement, Aisha Yesufu.

The court, in a notice to the plaintiffs’ counsel, Femi Falana (SAN) and respondent’s counsel Mrs. Maimuna Lami Shiru, stated that the hearing of an application for an injunction would be virtual.

“Notice is hereby given that this application has been fixed for hearing of the application for Interim Measure on June 22, 2021, at 10:00 AM and will be heard on that day if the business of the court permits or otherwise on some adjourned day of which you may not receive further notice,” the court stated.

In the suit numbered ECW/CCJ/APP/23/21, SERAP is seeking “An order of interim injunction restraining the Federal Government from implementing its suspension of Twitter in Nigeria, and subjecting anyone including media houses, broadcast stations using Twitter in Nigeria, to harassment, intimidation, arrest and criminal prosecution, pending the hearing and determination of the substantive suit.”

SREAP asserts that “if this application is not urgently granted, the Federal Government will continue to arbitrarily suspend Twitter and threaten to impose criminal and other sanctions on Nigerians, telecommunication companies, media houses, broadcast stations and other people using Twitter in Nigeria, the perpetual order sought in this suit might be rendered nugatory.”

“The suspension of Twitter is aimed at intimidating and stopping Nigerians from using Twitter and other social media platforms to assess government policies, expose corruption, and criticise acts of official impunity by the agents of the Federal Government,” added SERAP.

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

 

 

  • EDITOR'S CHOICE
  • Jun 22, 2021
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LEDAP KNOCKS EFCC OVER ATTACK ON NBA BRANCH CHAIR

The Legal Defence and Assistance Project (LEDAP) has berated the Economic and Financial Crimes Commission (EFCC) over alleged attack by its operatives on the Nigerian Bar Association (NBA) Makurdi Branch, Chairman, Mr. Justin Gbagir.

In a statement made available to CITY LAWYER and signed by LEDAP National Coordinator, Mr. Chino Obiagwu (SAN), the group stated that the action of the operatives violates the fundamental rights of the Bar Leader as entrenched in Section 34 of the 1999 Constitution.

The group noted that from a series of events which occurred on June 8, 2021, it was apparent that Gbagir went to the EFCC Makurdi Branch Office to facilitate bail for Miss Aver Shima, a lawyer with the Benue Sate Ministry of Justice.

Said LEDAP: “From our understanding, Ms. Shima was remanded following an allegation of a legal advice she gave the Chairman of the Universal Basic Education Board and as such is currently undergoing investigation.

“Following this incident, Mr. Gbagir, in the company of other members of the Ministry of Justice visited the EFCC office in Makurdi, but was refused entry into the premises and subjected to humiliation and degrading treatment by the security operatives at the gate; on the allegation that they are ‘agitators’ who have come to protest.

“It took the intervention of the Senior Special Adviser to the Governor, Attorney General of the state and Solicitor General of the state before the delegation was allowed entry into the building.

“Also, we understand that when Mr. Gbagir was introduced to the EFCC Chairman, as the Chairman of the NBA Makurdi branch, he was denied all courtesy. This infuriated Mr. Gbagir and as a result, sought to leave the premises. However, he was swarmed and assaulted by operatives of EFCC, the actions of which were approved by the silent conduct of the EFCC Chairman.”

LEDAP stated that the action of the EFCC operatives not only undermined the position of the NBA chairman, but also of all lawyers. It viewed the action as a mockery of lawyers’ constitutional role as members of the third arm of government.

LEDAP pointed out that the EFCC security operatives were ALSO in breach of Section 34 of the 1999 Constitution on the right to dignity and right to freedom from torture, inhuman or degrading treatment.

LEDAP urged the EFCC to publish an apology to the victim, and demanded that the Attorney General & Minister of Justice, Mr. Abubakar Malami (SAN) should prosecute the errant officers, adding: “Henceforth, the EFCC is demanded to treat all lawyers with respect in all legal dealings with them.”

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jun 21, 2021
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  • Comments Off on GOODLUCK JONATHAN DELIVERS GADZAMA PUBLIC LECTURE TOMORROW

GOODLUCK JONATHAN DELIVERS GADZAMA PUBLIC LECTURE TOMORROW

Nigeria’s former president, Dr. Goodluck Ebele will tomorrow deliver the 13th J-K Gadzama LLP Annual Public Lecture as Keynote Speaker.

Jonathan will speak on the topic, “Redefining democracy, yearnings of the minority in a democratic setting” at the lecture billed to hold between 3 pm and 6 pm.

Scheduled to hold at the law firm’s head office at Abuja, the public lecture has the Minister of the Federal Capital Territory (FCT), Mohammed Musa Bello, as Chairman.

A statement made available to CITY LAWYER by the leading law firm listed Nigerian Bar Association (NBA) President, Mr. Olumide Akpata; Chairman of the House Committee on Judiciary, Hon. Onofiok Luke; TV personality, Mrs. Kadaria Ahmed, and Chairman of the NBA Young Lawyers Forum, Mr. Tobi Adebowale as discussants.

The moderators are Dr. Inya Ode and Mr. Lamar Joe-Kyari Gadzama while Life Bencher and leading arbitrator, Chief Joe-Kyari SAN is the Chief Host.

To register for the public lecture, click on https://us02web.zoom.us/meeting/register/tZAqdeypqD4pE9MI8kQB9yIPp9GchAB1d4pP

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

 

 

  • EDITOR'S CHOICE
  • Jun 19, 2021
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  • Comments Off on TAIDI HAILS NBA-SLP OVER ANNUAL CONFAB

TAIDI HAILS NBA-SLP OVER ANNUAL CONFAB

Bencher and former Nigerian Bar Association (NBA) General Secretary, Mr. Jonathan Taidi has felicitated with the NBA Section on Legal Practice (NBA-SLP) over its recent Annual Conference held in Uyo, Akwa Ibom State.

In a statement made available to CITY LAWYER, Taidi stated that the conference “could’nt have come at a better time given the challenges bedevilling the legal profession,” adding that “the speakers and panelists illuminated the pathway to give us a clear view of the future of the legal profession.”

Below is the full text of the statement.

I heartily congratulate the Chairman, Governing Council and Members of the NBA-SLP for a successful 2021 Annual Conference.

The conversation on “Law, Lawyers and the Next Generation” could’nt have come at a better time given the challenges bedevelling the legal profession occasioned by the extraordinary circumstances we live in.

As expected, the speakers and panelists illuminated the pathway to give us a clear view of the future of the legal profession.

It is my hope that the outcome of the deliberations at the Annual Conference will help fashion out policies that energize the practice of law in this country.

Congratulations again, as I wish all attendees and participants journey mercies.

Jonathan Gunu Taidi
Past General Secretary, NBA & Bencher

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jun 19, 2021
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  • Comments Off on NBA BWARI BRANCH ELECTS NEW EXCO

NBA BWARI BRANCH ELECTS NEW EXCO

Mr. Monday Adjeh has emerged as the Chairman-Elect of the Nigerian Bar Association (NBA), Bwari Branch.

The Elections held on Saturday, 19th June, 2021 at the premises of Dutse Magistrate Court, Abuja.

In a keenly contested election, Monday Adjeh polled 73 votes while Saraffa Yusuff, his opponent and former Vice Chairman of the Branch, polled 51 votes.

Dr. Emmanuel Olowononi, a Senior Lecturer at the Nigerian Law School, also emerged unopposed as the Secretary of the Branch after Mr. Kayode Adebayo stepped down for him on the eve of the elections.

Other members of the Branch who emerged winners during the elections include Caleb Owowo (Assistant Secretary), Obinna Amorha (Vice Chairman), Alexander Ashu (Legal Adviser), and Ifeanyi Chukwu (Treasurer).

Elder Bernard Nafagha and John Okwudiri emerged unopposed as the NEC REP and Branch Provost respectively.

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jun 16, 2021
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  • Comments Off on AYORINDE WRITES CJN, WANTS JUDGES’ VACATION ‘SUSPENDED’

AYORINDE WRITES CJN, WANTS JUDGES’ VACATION ‘SUSPENDED’

Leading senior lawyer and former Chairman of the Legal Aid Council of Nigeria, Chief Bolaji Ayorinde SAN has asked the Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad to “kindly direct a suspension of the 2021 Annual Judges Vacation in order to save our justice system.”

In the four-page letter obtained by CITY LAWYER and titled “RE: THE NEED TO SUSPEND 2021 ANNUAL COURT VACATION,” Ayorinde cited the #ENDSARS Protests, coronavirus pandemic and the recent JUSUN Strike as events that adversely impacted the justice sector.

In what he termed “My humble request,” the Bar Leader said: “It is a well-known and acknowledged fact that, our Judges are hardworking and patriotic Nigerians and as such and in view of the highlighted circumstances that had paralyzed judicial activities across Nigeria, there is a glaring opportunity for the Judiciary to make a bold statement to rekindle the hope of the common man, as well as, renew investors’ confidence in Nigeria as an investment destination. I therefore most humbly accordingly, urge Your Lordship and all other heads of Courts in Nigeria to in the interest of persons who are languishing in detention and awaiting trial and those that their cases have suffered inordinate delay due to extraneous factors aforementioned, kindly direct a suspension of the 2021 Annual Judges Vacation in order to save our justice system.

“My Lord, such a direction will no doubt portray the Judiciary as a most responsive institution and third arm of government that is the last hope of the common man. Such a direction will also definitely and substantially clear most of the backlog of cases which have suffered delays in our Courts thereby making our Courts ‘fit for the purpose’ again.”

The letter was copied to all heads of courts, all chief judges of the various states and FCT, the Nigerian Bar Association President and the Secretary to the Body of Senior Advocates of Nigeria (BOSAN).

AYORINDE_LETTER TO C.J

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  • EDITOR'S CHOICE
  • Jun 15, 2021
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HARASSMENT: AKPATA WRITES EFCC CHAIR, ISSUES ‘CEASE AND DESIST’ DEMAND

Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has again risen in defence of Nigerian lawyers through a ‘cease and desist’ letter to the Economic and Financial Crimes Commission (EFCC).

In the searing letter obtained by CITY LAWYER and titled “ASSAULT OF OFFICIAL(S) OF THE NIGERIAN BAR ASSOCIATION BY OPERATIVES OF THE EFCC AND RELATED INCIDENTS OF UNPROFESSIONALISM AGAINST LAWYERS: A DEMAND FOR INVESTIGATION, IMMEDIATE ACTION AND CESSATION,” Akpata stated that he was “constrained” to write the anti-graft Chairman over the alleged assault on NBA Makurdi Branch Chairman, Mr. Justin Gbagir and “the recurring unwholesome and unprofessional conducts by officers and operatives of the EFCC against members of the legal profession in Nigeria who are lawfully discharging their professional responsibilities.” The letter was copied to Attorney General of the Federation & Minister of Justice, Mr. Abubakar Malami SAN.

In the 15-paragraph long letter dated June 10, 2021 but received by the EFCC on 15th June, 2021, the NBA President noted that he was “credibly informed that Mr. Gbagir visited the Makurdi office of the EFCC on 8th June 2021 to facilitate the release of one Ms. Aver Shima (“Ms. Shima”), who is a law officer in the employ of the Benue State Ministry of Justice. Ms. Shima had apparently been detained by the EFCC on an allegation that she gave legal advice to the Chairman of the Benue State Universal Basic Education Board that allegedly culminated in the latter signing a document which is reportedly the subject of investigation by the EFCC. Since the merits of the detention of Ms. Shima for providing legal advice is now, as I understand it, already the subject of independent investigation, I shall refrain from commenting on Ms. Shima’s treatment.”

Turning to the alleged manhandling of Gbagir by EFCC operatives, Akpata said: “Infuriated by this turn of events, the Honorable Attorney-General, the Solicitor General and the Special Adviser to the Governor who had all come to intervene in the detention of Ms. Shima left the premises. Suffice to state that Mr. Gbagir who suffered severe hurt and sustained various degrees of injury had to be hospitalized at the Benue State University Teaching Hospital, Makurdi.”

In a damning indictment of the EFCC operatives, the NBA President described their conduct as “uncultured,” saying: “I assume that you will agree, Mr. Chairman, that if this level of uncultured behaviour could be exhibited by EFCC operatives in the presence of the strong delegation accompanying Mr. Gbagir, who in his own right is a Bar Leader, then the potential fate of other lawyers and citizens who interface with the EFCC in that zone is better imagined than experienced.”

Also in a veiled displeasure over the conduct of the EFCC leadership and its controversial press statement over the assault, Akpata said: “When we both spoke about this incident on 9th June 2021, you understandably expressed shock at this development and promised to investigate same. I have no cause yet to believe that you would personally renege on that promise. However, I have seen certain reports in the media credited to the EFCC Media and Publicity team which denied and largely distorted the facts. In fidelity to honesty and good order, I trust that you and I can agree that the statement credited to the EFCC media head, to the extent that it represents the official position of the EFCC, is premature and antithetic to your pledge to investigate the issue.

“It is pertinent to add that both before and after reading the EFCC statement, I spoke to the Attorney-General of Benue State and other well-meaning senior lawyers who witnessed the incident, and their narrative is entirely consistent with the position of Mr. Gbagir. I have no reason to doubt or disbelieve their narrative and it now behooves on the EFCC to show that it can rise above board and properly investigate the excesses of its own staff.

Turning to the issue of harassment of lawyers by EFCC operatives, Akpata lampooned the operatives for “the high level of unprofessionalism, crass abuse of power and inhumane treatment” which they “have exhibited, and continue to exhibit, at different times when dealing with lawyers at various offices of the EFCC across the country.” According to him, “Verifiable instances abound of lawyers who have been, or are being, harassed, arrested, and detained for either providing legal advice to, or preparing transaction documents for, their clients. There are also other instances, where lawyers are simply denied access to their clients in custody or continuously maltreated, frustrated, intimidated and demeaned by EFCC operatives. The NBA is more than willing to make further representations to you and provide proof of such unsavory developments including recent instances where we have had to intervene on behalf of our members who were unjustly harassed or detained by the EFCC.”

Noting however that this state of affairs precedes the current EFCC leadership, Akpata warned that the situation “is totally unacceptable and, if not checked, will increasingly paint the Commission in a negative light, raise serious concerns about the modus operandi of the Commission and undermine her relationship with critical stakeholders.”

He noted that “the current state of the relationship between lawyers and the Commission, which ordinarily ought to be harmonious, collaborative and symbiotic, is unhealthy and continues to deteriorate. For inexplicable reasons, the relationship is characterised by the wanton harassment and assault of members of the legal profession who, by their calling, are mandated to provide legal advisory and support services to suspects in the custody of the Commission or those who are otherwise under investigation.” Akpata then warned that “This debasing treatment must cease forthwith.”

In a three-point demand, the NBA President wrote: “It is in view of the foregoing that I therefore formally request you to use your good offices to investigate this complaint expeditiously and thoroughly in the interest of justice and ensure that all operatives complicit in the very unfortunate incident are disciplined in line with extant service rules and applicable laws. The NBA will be constantly following up with you in this respect, as we will no longer endure or tolerate the incessant harassment of our members by EFCC operatives while such lawyers are lawfully discharging their duties.

“You may recall that one of the cardinal pillars of your mandate upon your assumption of office was to reposition the Commission and make it a reputable anti-corruption agency that boasts of the finest of personnel. I dare say that achieving this laudable objective would necessarily include weaning the Commission of officers and personnel whose conduct, taken individually or in the aggregate, are bound to undermine the image of the Commission.

“As you continue to settle into office, I urge you to look into these issues carefully with a view to resolving them holistically and avoiding a recurrence. We are indeed expectant that there will be no repeat of incidences such as those complained about in this letter. Lawyers dealing with the Commission must and should be accorded the respect and dignity that they deserve when acting on behalf of their clients. Under your leadership, you must intervene and take steps to ensure that this is the case at all offices of the Commission across the country.”

Below is the full text of the letter:

10th June 2021

The Executive Chairman
Economic and Financial Crimes Commission
EFCC Headquarters
Plot 301/302, Institution and Research Cadastral District
Jabi, Abuja

Attention: Mr. Abdulrasheed Bawa

Dear Sir,

ASSAULT OF OFFICIAL(S) OF THE NIGERIAN BAR ASSOCIATION BY OPERATIVES OF THE EFCC AND RELATED INCIDENTS OF UNPROFESSIONALISM AGAINST LAWYERS: A DEMAND FOR INVESTIGATION, IMMEDIATE ACTION AND CESSATION

  1. I am constrained to write to you over (a) an unfortunate incident which occurred on 8th June 2021 involving some operatives of the Economic and Financial Crimes Commission (the “EFCC” or the “Commission”) at its Makurdi Zonal office, and Mr. Justin Gbagir (“Mr. Gbagir”), a senior member of the Nigerian Bar Association (“NBA”) who is also the Chairman of the Makurdi Branch of NBA; and (b) the recuring unwholesome and unprofessional conducts by officers and operatives of the EFCC against members of the legal profession in Nigeria who are lawfully discharging their professional responsibilities.

The Unfortunate Makurdi Incident

  1. I have been credibly informed that Mr. Gbagir visited the Makurdi office of the EFCC on 8th June 2021 to facilitate the release of one Ms. Aver Shima (“ Shima”), who is a law officer in the employ of the Benue State Ministry of Justice. Ms. Shima had apparently been detained by the EFCC on an allegation that she gave legal advice to the Chairman of the Benue State Universal Basic Education Board that allegedly culminated in the latter signing a document which is reportedly the subject of investigation by the EFCC.   Since the merits of the detention of Ms. Shima for providing legal advice is now, as I understand it, already the subject of independent investigation, I shall refrain from commenting on Ms. Shima’s treatment.
  1. As we understand from the sequence of events, when Mr. Gbagir arrived at the EFCC zonal office in the company of other senior members of the Benue State Ministry of Justice, including the State Director of Public Prosecution, the delegation was refused entry into the offices of the EFCC and was subjected to humiliating and degrading treatment by the security operatives manning the gate of the EFCC on the rather specious ground that they were “agitators” who had come to protest. It took the intervention of the Senior Special Assistant to the State Governor and the arrival of the Attorney-General and the Solicitor-General of the State before the delegation was allowed access into the facility.
  1. It is our further understanding that when Mr. Gbagir was introduced to the EFCC zonal head (Mr. Kazeem Oseni) by the Solicitor-General of the State as the Chairman of the Makurdi Branch of the NBA, Mr. Gbagir was denied all courtesies on the ground that he was an “agitator”. Perplexed and embarrassed, Mr. Gbagir sought to excuse himself from the office of the zonal head only to be swarmed by an army of operatives of the EFCC, who brutally manhandled Mr. Gbagir and pushed him out of the premises. Of particular note and concern is the fact that eyewitness accounts confirm that the actions of the EFCC operatives were carried out with the tacit consent of the zonal head, at best, or based on his express instructions, at worst.
  1. Infuriated by this turn of events, the Honorable Attorney-General, the Solicitor General and the Special Adviser to the Governor who had all come to intervene in the detention of Ms. Shima left the premises. Suffice to state that Mr. Gbagir who suffered severe hurt and sustained various degrees of injury had to be hospitalized at the Benue State University Teaching Hospital, Makurdi.
  1. I assume that you will agree, Mr. Chairman, that if this level of uncultured behaviour could be exhibited by EFCC operatives in the presence of the strong delegation accompanying Mr. Gbagir, who in his own right is a Bar Leader, then the potential fate of other lawyers and citizens who interface with the EFCC in that zone is better imagined than experienced. 
  1. When we both spoke about this incident on 9th June 2021, you understandably expressed shock at this development and promised to investigate same. I have no cause yet to believe that you would personally renege on that promise. However, I have seen certain reports in the media credited to the EFCC Media and Publicity team which denied and largely distorted the facts.  In fidelity to honesty and good order, I trust that you and I can agree that the statement credited to the EFCC media head, to the extent that it represents the official position of the EFCC, is premature and antithetic to your pledge to investigate the issue.
  1. It is pertinent to add that both before and after reading the EFCC statement, I spoke to the Attorney-General of Benue State and other well-meaning senior lawyers who witnessed the incident, and their narrative is entirely consistent with the position of Mr. Gbagir. I have no reason to doubt or disbelieve their narrative and it now behooves on the EFCC to show that it can rise above board and properly investigate the excesses of its own staff.

Other egregious conducts of EFCC operatives against legal practitioners  

  1. Chairman, whilst the above represents the isolated experience of Mr. Gbagir, it is an opportune time to bring to your attention the high level of unprofessionalism, crass abuse of power and inhumane treatment that operatives of the EFCC have exhibited, and continue to exhibit, at different times when dealing with lawyers at various offices of the EFCC across the country. Verifiable instances abound of lawyers who have been, or are being, harassed, arrested, and detained for either providing legal advice to, or preparing transaction documents for, their clients. There are also other instances, where lawyers are simply denied access to their clients in custody or continuously maltreated, frustrated, intimidated and demeaned by EFCC operatives. The NBA is more than willing to make further representations to you and provide proof of such unsavory developments including recent instances where we have had to intervene on behalf of our members who were unjustly harassed or detained by the EFCC.
  1. This state of affairs, which admittedly precedes your appointment to superintend the EFCC, is totally unacceptable and, if not checked, will increasingly paint the Commission in a negative light, raise serious concerns about the modus operandi of the Commission and undermine her relationship with critical stakeholders. As you know, the role of lawyers is critical to the actualisation of the Commission’s foundational objectives. As a law enforcement agency that is established to be responsible and accountable to the citizenry, one would expect that lawyers will continue to be your partners in progress who should feel welcome and accommodated by the Commission and its operatives.
  1. Regrettably, the current state of the relationship between lawyers and the Commission, which ordinarily ought to be harmonious, collaborative and symbiotic, is unhealthy and continues to deteriorate. For inexplicable reasons, the relationship is characterised by the wanton harassment and assault of members of the legal profession who, by their calling, are mandated to provide legal advisory and support services to suspects in the custody of the Commission or those who are otherwise under investigation. This debasing treatment must cease forthwith.

Conclusion

  1. It is in view of the foregoing that I therefore formally request you to use your good offices to investigate this complaint expeditiously and thoroughly in the interest of justice and ensure that all operatives complicit in the very unfortunate incident are disciplined in line with extant service rules and applicable laws. The NBA will be constantly following up with you in this respect, as we will no longer endure or tolerate the incessant harassment of our members by EFCC operatives while such lawyers are lawfully discharging their duties. 
  1. You may recall that one of the cardinal pillars of your mandate upon your assumption of office was to reposition the Commission and make it a reputable anti-corruption agency that boasts of the finest of personnel. I dare say that achieving this laudable objective would necessarily include weaning the Commission of officers and personnel whose conduct, taken individually or in the aggregate, are bound to undermine the image of the Commission.
  2. As you continue to settle into office, I urge you to look into these issues carefully with a view to resolving them holistically and avoiding a recurrence. We are indeed expectant that there will be no repeat of incidences such as those complained about in this letter.  Lawyers dealing with the Commission must and should be accorded the respect and dignity that they deserve when acting on behalf of their clients.  Under your leadership, you must intervene and take steps to ensure that this is the case at all offices of the Commission across the country.
  1. While I look forward to an expeditious investigation of the unjust treatment of Mr. Gbagir and a general refocusing of the approach of the EFCC in its dealings with lawyers, please accept, Mr. Chairman, the assurances of my highest consideration.

Yours faithfully,

OLUMIDE AKPATA

President

Nigerian Bar Association

Cc:       The Honourable Attorney General of the Federation

Federal Ministry of Justice

Abuja

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jun 12, 2021
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  • Comments Off on TWITTER BAN, CENSORSHIP AND IMPLICATIONS FOR FREEDOM OF EXPRESSION (1)

TWITTER BAN, CENSORSHIP AND IMPLICATIONS FOR FREEDOM OF EXPRESSION (1)

IGE ASEMUDARA is a rights activist and Notary Public for Nigeria. In this article, the senior lawyer notes that free speech has become a dominant issue due to the suspension of TWITTER operations in Nigeria, adding that while there are permissible online censorships, the law frowns against suppression of public information through censorship

At the moment, free speech and censorship has taken the centre stage of political and legal discussions in Nigeria largely due to the “squabble” between Twitter Incorporated and Nigeria’s President, General Muhammadu Buhari on the question of censorship. In order to put the issues thrown up by their controversy in perspective, this article shall briefly examine the nature and essence of freedom of expression and the implication of online censorship.

Freedom of expression is basically the fundamental right of a person to hold, articulate, share or disseminate his views and opinions or even receive information on an issue in a polity. There are some claims that freedom of expression (also sometimes called freedom of speech) originated from the ancient Greece appearing in Greek literature around 5th Century BC as “parrhesia” meaning “free speech”. It has since undergone several historical metamorphoses including political expansion, legislative recognition, international affirmation and judicial pronouncements. The English Bill of Rights 1689 recognised freedom of speech as essential whilst the French Declaration of the Rights of Man 1789 broadened its scope to cover free communication of ideas and opinions as well as freedom to speak, write and print. On its own part, the First Amendment to the Constitution of the United States of America adopted on the 15th of December, 1791 expressly forbade congress from making any law abridging the freedom of speech or of the press.

Thus, the right to freedom of expression continued to gain prominence to the extent that in the early years of the 2nd World War, American President, Franklin D. Roosevelt delivered an address in January, 1941 where he proposed four fundamental freedoms that people everywhere in the world must enjoy namely; freedom of speech, freedom of worship, freedom from want and freedom from fear. Incidentally, freedom of speech topped the list of the four fundamental freedoms. So, it was not an accident that the Universal Declaration of Human Rights 1948 which convincingly shut the barrels of gun used at the 2nd World War contains in its Article 19 the following provisions “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. The International Covenant on Civil and Political Rights adopted in 1966 also provide for free speech in Article 19 of the treaty that came into force in March, 1976. In the same vein, our regional human rights instrument, the African Charter on Human and People’s Rights in its Article 9 specifically provide for the right to receive and disseminate information, and to express opinions within the law.

In Nigeria, the much vilified 1999 Constitution provides for freedom of expression and the press in Section 39 as follows: “(1) every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference”. “(2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions: Provided that no person, other than the Government of the Federation or of a State or any other person ort body authorized by the president on the fulfillment of the conditions laid down by an Act of the National Assembly, shall own, establish or operate a television or wireless broadcasting station for any purpose or whatsoever”. “(3) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society; (a) For the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephone, wireless broadcasting, television or the exhibition of cinematograph films; or (b) imposing restrictions upon persons holding office under the Government of the Federation or of a State, members of the armed forces of the Federation or member of the Nigeria Police Force or other Government security services or agencies established by law”.

With the emergence of the wonders of the internet, this fundamental freedom has expanded to cover the right to receive, store, share or disseminate information, views, opinions and ideas on the internet just as freedom of the press now covers online media including the social media. Today, social media online platforms such as Facebook, Twitter, WhatsApp, Instagram etc have taken a huge space in information gathering and dissemination including airing political views and opinions and thus, sensitive information can be disseminated across the globe at a pace faster than the speed of light. So, governments and private authorities also put measures in place to control the dissemination of information or the spreading of views and ideas that may impact on them. This is called censorship.

Censorship is a restriction that has travelled with the freedom of expression through the ages. It is a deliberate suppression of free speech, opinions, public communication and a restriction on information dissemination by public or private body usually on the ground of it being harmful, offensive, objectionable, not convenient or just unacceptable. Censorship may come in different forms. It may be by legislation and this accounts for the qualification in most legislative provisions on freedom of speech. It may also be by rules set up by organizations or private individuals. For instance, all the social media operators have their rules of engagement governing the kind of information or images to be shared through them. For example, Twitter recently pulled down a particular statement tweeted by Nigeria’s President, General Muhammadu Buhari on the basis of its offending Twitter rules on permissible posts. In response, the General banned the use of Twitter in Nigeria virtual space by blocking the social media company. He went on to ban Nigerians from using Twitter handles as the company’s mission in Nigeria is said to be suspect. Now, both of them are involved in censorship of some sorts. While Twitter’s censorship is directed at a particular tweet, General Buhari’s censorship is quite sweeping as same is directed on all posts and activities undertaken by Nigerians on Twitter or by Twitter in Nigeria. This is nothing but an annihilation of free speech.

One terrible implication of such attempt at online censorship of freedom of expression is that same portends evil for other freedoms. For example, the freedom to propagate your religion, to disseminate religious information and to practice one’s faith is intricately connected to the freedom of expression as it had become clear since the days of R. v. Penn and Mead (1670) 6 St Tr 951 when William Penn was obviously persecuted (not prosecuted) for preaching in Gracechurch street, London to a gathering of more than five persons contrary to the Conventicle Act. In the same vein, it is a total violation of the right to religion guaranteed by Section 38 of the Constitution of Nigeria 1999 (as amended) and other human rights instruments to merely conceive the idea, air it or even take any step to bully the General Overseers of the Redeemed Christian Church of God, the Deeper Life Bible Church or any religious body at all with threat of prosecution because they insist on continuing to use their Twitter handles to continue to propagate their faith and religious beliefs.

As already mentioned, freedom of speech has grown through the ages. Today, we now have what is termed commercial freedom of expression. This includes the rights to advertise your products etc and this also extends online. For example, virtually all the news media in Nigeria have Twitter handles with which they advance press freedoms and enhance their commercial viability. In the same vein, individual businesses do advertise their enterprise online including on Twitter, Facebook, Insagram, Linkedn. In fact, market has moved to the virtual space. So, when a President bans the entirety of his citizens both corporate and natural from the social media space or an online platform that has up to 40 million of its population, he has not just denied them their commercial freedom of expression, he has killed their rights to earn a living!

Yes, the law allows for moderate and legitimate censorship of free speech following the philosophical foundation laid by John Stuart Mills, in his On Liberty, where he propounded the harm to others test. Joel Feinberg also recently introduced the “offensive principle” as the harm to others test is generally seen as too tall a measure. The reasonable parameter of measuring the essence of censorship is to see whether the expression sought to be censored causes harm to others or is offensive to others. Thus, the law now intervenes in online expressions through legislations. The United States was the first to intervene with the Communications Decency Act of 1996 (CDA). Since that time, several legislations have been passed in order to ensure that sanity reigns in online expressions and dissemination of information. In Nigeria, Cyber Crime (Prohibition, Prevention Etc) Act 2015 is a reaction to unbridled liberty on the net which caused harm to others or became offensive to members of the public.

Whilst there are permissible online censorships, it is also the policy of the law that public information is not unduly suppressed through censorship. Thus, the Freedom of Information Act, 2011 was passed to give the public some level of access to public information in order to enhance the quality of citizens’ opinion on the policies and programmes of government. By and large, censorship either in suppressing free speech or withholding needed information from the public must not cross the clear lines drawn by the Constitution and other human rights instruments to which Nigeria is a signatory as that is the way to be right with this right!

Ige Asemudara is the convener of the Mission Against Injustice in Nigeria (MAIN).

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

 

 

  • EDITOR'S CHOICE
  • Jun 12, 2021
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  • Comments Off on JUSUN STRIKE: ANY SUCCOUR FOR LAWYERS, LITIGANTS? – TAIDI

JUSUN STRIKE: ANY SUCCOUR FOR LAWYERS, LITIGANTS? – TAIDI

Immediate past Nigerian Bar Association (NBA) General Secretary, MR. JONATHAN TAIDI argues in this piece that following the strike by the Judiciary Staff Union of Nigeria (JUSUN), the Practice Directions issued by heads of courts suspending payment of default fees and penalty which accrued during the strike period will go a long way to ameliorate the financial losses wrought by the closure of courts

The over two months old suspended strike of the Judiciary Staff Union of Nigeria (JUSUN) left lawyers financially handicapped as clients suspended their financial obligations. Our court rooms across the country were for the first time under lock and key for non natural cause which made it more devastating than the Covid-19 induced lockdown. This also left the litigating public stranded.

As a result of this negative impact on the lawyer and the litigants, the intervention of heads of courts by way of Practice Direction to suspend default fees and penalty payments which accrued during the strike period will go a long way in ameliorating the heavy financial losses occasioned by the court’s closure.

There is no doubt that the court dockets have exceeded saturation point due to the Covid-19 pandemic and attendant slow adaptation of technology and the pile-up due to the strike action. The best and only way to clear the backlog is by soliciting for the understanding of their Lordships to embark on a staggered 2021 annual courts vacation to cover up for the period of the strike action in order to compensate for the already truncated months as a result of the strike.

This will go a long way in aiding lawyers, old and young at the bar, get back to their practice.

A desirable timely succor.

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jun 12, 2021
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  • Comments Off on JUSUN STRIKE: NBA-YLF NNEWI GIFTS PALLIATIVES TO MEMBERS

JUSUN STRIKE: NBA-YLF NNEWI GIFTS PALLIATIVES TO MEMBERS

PRESS RELEASE

Sequel to the protracted strike action by the Judiciary Staff Union of Nigeria (JUSUN), the C. E. Okonkwo led executive of the Young Lawyers’ Forum, Nnewi Bar (NBA-YLF NNEWI) today, Friday, 11th June, 2021, distributed Palliative to members of the YLF Nnewi to cushion the effect of the protracted strike action.

The palliative items distributed include cash amount of four thousand five hundred naira (#4500) each to about forty (40) members, NBA Nnewi Sports kit and bags of rice. These items were donated by some members and friends of the Branch.

The Donors include:
1. Ike Obeta, Esq. – #20,000
2. A. O. Uzodike, Esq. – #20,000
3. Ifeanyi David, Esq. – #50,000
4. Anonymous – #50,000
5. Anonymous – #20,000
6. Stanley A. Ojiaku, Esq.- #10,000
7. C. E. Okonkwo, Esq. – #10,000
8. O. J. C. Chikaelo, Esq. – #11,000
9. Chimezie Ezechukwu, Esq. – #10,000
10. Obinna F. Okeke, Esq. – #10,000.
11. Ifeanyi David, Esq. – 4 sets of NBA Nnewi sports kit
12. Chimezie Ezechukwu – 5 Bags of Rice

In appreciation, the beneficiaries were very excited about the development and expressed their gratitude to the Young Lawyers’ Forum Chairman, C. E. Okonkwo, Esq. and his entire executive members for their sagacity. The YLF in a special way also appreciates the donors for their show of generosity.

Obinna Okeke, Esq., MICMC
Publicity Secretary, NBA-YLF, Nnewi

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  • EDITOR'S CHOICE
  • Jun 11, 2021
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  • Comments Off on INEC: NBA ASKS SENATE TO DUMP BUHARI’S NOMINEE

INEC: NBA ASKS SENATE TO DUMP BUHARI’S NOMINEE

The Nigerian Bar Association (NBA) has urged Nigeria’s Senate not to confirm Ms. Lauretta Onochie as Independent National Electoral Commission (INEC) Commissioner.

In a statement by the Chairman of the Governing Council of NBA Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Monday Ubani, the lawyers’ body said that “Mrs. Lauretta Onochie, a clearly partisan individual by the President, an individual who has in recent years publicly displayed her partisanship and undying support for the ruling Party in her utterances, conduct and interaction with the Public cannot and should not serve as INEC Commissioner, a role reserved for an unbiased Umpire. I on-behalf of the Nigerian Public urge the Senate to righteously reject her nomination and confirmation forthwith.”

The Senate leadership had recently directed its Committee on INEC to screen Onochie for possible confirmation.

Below is the full text of the statement.

Distinguished Senator Kabiru Gaya
Chairman Senate Committee on INEC
National Assembly Complex,
F.CT,
Abuja.

Dear Sir,

OBJECTION FOR THE CONFIRMATION OF LAURETTA ONOCHIE AS INEC COMMISSIONER.

I write this letter of objection to your sir at this critical and turbulent times in our Nation’s history, and I strongly believe that the Senate as a democratic institution of this great Country, has what it takes at this trying times to save and preserve Nigeria from heckling down to hell.

Sometime in October 2020, Mrs. Lauretta Onochie, was nominated by President Muhammadu Buhari as an INEC Commissioner. Mrs Lauretta Onochie, who until her nomination by the President, served as the President’s Personal Assistant and was an unapologetic member of the ruling Party the All Progressive Congress (APC) hence, her nomination by the President as INEC Commissioner, a position that the law prescribes the holder of same should be non-partisan, is ultra-vires and unconstitutional.

Recently her name came up for confirmation by the senate after an initial set back, therefore, as a concerned Citizen of this great Country, and as a Constitutional Legal Practitioner with grave concern for the preservation and sustainability of our very fragile democracy, I hereby strongly object to the nomination of Mrs. Lauretta Onochie by the President and her intended confirmation of her nomination by the Senate.

Distinguished Senate Chairman, considering the reality of Nigeria today, with the high level of insecurity, ethnic tensions and mistrust among Citizens, the decline in trust and confidence by the Citizens in their elected officials and democratic institutions to mention a few, it is very important, that as the next election draws closer, whoever is to be nominated by the President to serve as INEC Commissioner, Chairman or as an unbiased Umpire for National elections must be in compliance with the law and must be persons that, the general public view as not being partisan or compromised in any form or manner.

Sir, Section 152 of the Electoral Act, provides that. “no person holding an elective office to which this act relates or a registered member of a Political Party shall be eligible for or be appointed to carry out duties of a returning officer, an electoral officer, presiding officer or Poll Clerk”. Therefore, the nomination of Mrs. Lauretta Onochie, a clearly partisan individual by the President, an individual who has in recent years publicly displayed her partisanship and undying support for the ruling Party in her utterances, conduct and interaction with the Public cannot and should not serve as INEC Commissioner, a role reserved for an unbiased Umpire. I on-behalf of the Nigerian Public urge the Senate to righteously reject her nomination and confirmation forthwith.

For emphasis;

As a card carrying member of the ruling party or any other party for that matter, she is unfit for the position she is nominated. I also doubt that Section 154 (3) of the constitution was complied with, which prescribe that the President nominates INEC Commissioner in consultation with the Council of State. Paragraphs B of Part 1 of the 3rd Schedule of the constitution provides that the Council of State shall have power to advise the President in the exercise of his power with respect to (iv) the INEC including the appointment of members of the Commission. When was this Section and paragraph complied with? If I may ask.

Most importantly paragraph 14 of part I of the third schedule of the constitution as amended in Section 30 No. 1 of 2020, a member of INEC should be “non partisan”, can Mrs. Lauretta Onochie be regarded by anyone in Nigeria, knowing her antecedent as the Special Assistant to the President as “non partisan” under the Nigerian context? The right answer is No.

I therefore, on behalf of the Nigerian Bar Association urge that her nomination be rejected and her confirmation be denied forthwith.

Thanking you in advance for the positive consideration of my request.

Dr. Monday O. Ubani, Esq.
Chairman
NBA Section on Public Interest and Development Law.

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  • EDITOR'S CHOICE
  • Jun 11, 2021
  • 0
  • Comments Off on BENUE ASSAULT: EFCC CHIEF INVESTIGATOR GRILLS NBA CHAIR, A-G WADES IN

BENUE ASSAULT: EFCC CHIEF INVESTIGATOR GRILLS NBA CHAIR, A-G WADES IN

  • BENUE A-G DEMANDS CCTV FOOTAGE FROM EFCC

  • I’M SHOCKED, SCANDALIZED BY EFCC’S DENIAL

  • I CAN’T SEE, HEAR WELL AGAIN

  • I WILL PRESS CHARGES IF ….

Embattled Chairman of the Nigerian Bar Association (NBA), Makurdi Branch, Mr. Justin Gbagir has been grilled by the Economic and Financial Crimes Commission (EFCC) chief investigator on his allegation of assault by operatives of the anti-graft agency.

In an exclusive interview with CITY LAWYER, Gbagir said that the interview by the Director of Intelligence Unit at the EFCC which started yesterday at the office of the Benue State Attorney-General was concluded today when he wrote a formal statement on what transpired at the Makurdi Office of the EFCC last Tuesday.

Gbagir said that aside from the impairment to his left eye, he has started experiencing hearing challenges due to the alleged beating by the EFCC operatives. He warned that “I told them that I have other options to seek redress” if the perpetrators are not brought to justice.

Below is the full text of the interview.

“I am Justin Gbagir, Chairman of NBA Makurdi Branch who was assaulted and beaten by the operatives of the EFCC on Tuesday, the 8th of June, 2021.

“It is unfortunate that EFCC which claims to operate within civic norms will come out to blatantly deny that they did not assault and beat me up.

“The beating was so severe that I was admitted at Benue State University Teaching Hospital and administered some drugs and injections. As a result of the beating, I also sustained injury in my left eye. As I speak with you, I cannot see very well with my left eye.

“Yesterday again, I started experiencing problem with my hearing. So I am also currently having hearing challenges. I am yet to go for medical check-up to sustain (sic) the level of damage that might have been done to my ears.

“But yesterday someone came from Directorate of Intelligence – which he said is like Military Police in the Army – to listen to us from the headquarters. We met at the office of the Honourable the Attorney General of Benue State and we took turns to narrate what happened. So when we finished, he specifically requested me to put my statement in writing and because it was already dark we agreed to reconvene at 8.30 this morning, which we did. And I put my statement in writing.

“I am actually shocked, scandalized and embarrassed with the allegations that EFCC have made in their Press Release that I went there with thugs to forcefully release a detainee. I want to say it in very clear terms that all the lawyers that were there with me – including the Honourable the Attorney General, the Solicitor General and Director of Public Prosecution and Senior Special Assistant to the Governor on Legal Matters – we were just nine, including myself, 10. And all the people that were there – except the Director of Finance and Administration in the State Ministry of Justice who was also there, who is not a lawyer – the rest of us were lawyers. I don’t see how colleagues who went to EFCC Office to facilitate the release of their colleague will be called thugs.

“Today, the AG also requested the person that came from Abuja to request for CCTV footage from their (EFCC) office. This happened directly within their compound and their CCTV footage must have captured what happened. So if they fail to produce their CCTV footage, I think it will also be another way of trying to deny or hide the facts.

“By and large, I think the EFCC are not being truthful; their denial of all the allegations is baseless. I think we are not going to leave the matter like that. In my statement which I wrote today, I told them that I have other options to seek redress. But I am giving them an opportunity for them to sort out this issue, punish the perpetrators, and then we discuss further on whatever demands that I might have.

“At the moment, I don’t want to make demand yet; I am yet to fully ascertain the level of damage they have done to my eye, to my ears and other general health conditions. So when that is ascertained by medical experts, I will also know what demands I will be making for compensation. At the moment, I don’t want to say that because I am yet to get the proper medical report in that regard.

“Today again, the NBA Makurdi Branch insisted on making a Press Statement particularly in view of the statement by EFCC. After they (EFCC) had reached out to our (NBA) President with a view that they would investigate the matter, they went ahead to issue a statement denying the facts. So the Press Conference just finished a while ago and I think in a very short it will also be in the public domain on the position of NBA Makurdi Branch.”

CITY LAWYER recalls that Gbagir had alleged that he was manhandled at the instance of the EFCC Makurdi Zonal Head. Narrating his ordeal, Gbagir said: “As I made to leave, the personnel of EFCC numbering between 7 and above pounced on me and started beating me. They broke my recommended reading eyeglasses in the process and pushed me out of the premises. “Outside the premises, they threw out my footwears which I was dispossessed of in the course of the beating,” he said.

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  • EDITOR'S CHOICE
  • Jun 09, 2021
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  • Comments Off on REVALIDATION: CAC SET TO BAR LAWYERS’ PORTAL ACCESS TODAY

REVALIDATION: CAC SET TO BAR LAWYERS’ PORTAL ACCESS TODAY

Barring an extension of the deadline, many lawyers will from tomorrow be unable to access the Corporate Affairs Commission (CAC) company registration portal (CRP), as the deadline for revalidation of their accreditations lapses today.

Meanwhile, there are strong indications that the challenges that have led to an online petition to remove the CAC Registrar General, Mr. Garba Abubakar have persisted. This is not unconnected with the difficulty in accessing the portal for the revalidation exercise.

A senior lawyer who sought help to overcome such challenges said: “I have been trying to re-accredit in accordance with this post. I have not been successful. Have you done it? Please, if you have, kindly tell me how to proceed. It is just two days away from the 10th.”

Still unsuccessful, the senior lawyer said: “Kindly take me through how you did. I tried as early as between 1 & 2 am today without success.”

Upon a successful revalidation, the prompt on the user’s home page disappears, while a REMITA generated receipt is sent to the user’s email address. 

It is recalled that CAC had issued a notice reminding accredited agents to revalidate their accreditations, and warning that “Accreditations that are not revalidated by Customers at the end of the prescribed date shall be suspended by the Commission.”

Below is the full text of the statement:

PUBLIC NOTICE ON THE REMINDER OF SUSPENSION OF ACCREDITATION ACCOUNTS NOT REVALIDATED BY 10TH JUNE 2021

The Commission wishes to remind its Accredited Customers that as earlier notified, they are required to revalidate their accreditations on or before Thursday, 10th June 2021. Accreditations that are not revalidated by Customers at the end of the prescribed date shall be suspended by the Commission.

Please note that any Customer that becomes newly accredited between January 2020 to date does not have to revalidate.

To revalidate accreditation, Customers should visit https://pre.cac.gov.ng

Customers should note that this notice supersedes the earlier notice of 1st January 2021.

Signed:
Management
2nd June 2021

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  • EDITOR'S CHOICE
  • Jun 09, 2021
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  • Comments Off on BENUE ASSAULT: AKPATA TACKLES BAWA, EFCC DENIES CHARGE

BENUE ASSAULT: AKPATA TACKLES BAWA, EFCC DENIES CHARGE

  • AG, SOLICITOR-GENERAL CONFIRMED ASSAULT – SPIDEL CHAIR

Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has petitioned the Economic and Financial Crimes Commission (EFCC) Chairman, Mr. Abdulrasheed Bawa over the battered NBA Makurdi Branch Chairman, Mr. Justin Gbagir, even as the anti-graft agency has denied that its operatives manhandled the Bar Leader.

Impeccable sources told CITY LAWYER that Akpata had engaged with the EFCC Chairman over the matter. Bawa was said to have requested time to investigate the matter and take necessary action.

The EFCC has now issued a statement denying the alleged assault. The anti-graft agency said that it was the Makurdi Branch Chairman who “was the aggressor as he led a gang of thugs to breach the security of the Makurdi office in an attempt to forcibly set free a suspect under interrogation by the EFCC.”

The statement added that the Bar Leader allegedly failed to identify himself and that “the EFCC Zonal Head had no option than to show him out of his office and refuse him further entry into the Commission’s premises.”

But fiery NBA Section on Public Interest and Development Law (NBA-SPIDEL) Chairman, Mr. Monday Ubani said that several sources confirmed the assault to him, even as the under-fire Zonal Head denied the allegation. His words: “I have spoken to the Chairman of Makurdi who confirmed the beating. He is back to hospital. I have also spoken to the Special Adviser to the Governor on Legal Matters who confirmed the incident. I eventually got the President of the Bar who affirmed that the AG confirmed the beating. Our President has spoken to the Chairman of EFCC who requested for time to investigate and take action.”

He however said the Zonal Head denied “that he never touched nor directed any of his operatives to touch our member. He denied the beating.” 

Narrating his ordeal, Gbagir said: “As I made to leave, the personnel of EFCC numbering between 7 and above pounced on me and started beating me. They broke my recommended reading eyeglasses in the process and pushed me out of the premises.

“Outside the premises, the threw out my footwears which I was dispossessed of in the course of the beating.”

Below is the full text of the EFCC statement.

EFCC Press Release

EFCC Denies Assaulting NBA Chairman

The Economic and Financial Crimes Commission, EFCC wishes to inform the public that claims by one Justin Gbagir, Chairman Makurdi Branch of the Nigerian Bar Association, NBA, that he was assaulted and brutalized by operatives of the Makurdi Zonal Office of the Commission on June 8, 2021, leading to his being hospitalized at BUSTH is false, and orchestrated to portray the Commission as draconian and uncivil.

Contrary to the false narrative being promoted in the social media by Gbagir, he was the aggressor as he led a gang of thugs to breach the security of the Makurdi office in an attempt to forcibly set free a suspect under interrogation by the EFCC.

The standard procedure for effecting the release of suspects in detention is known to even rookie lawyers. But rather than follow due process, Gbagir opted for force, recruited thugs and stormed the EFCC office.

In spite of the provocation, operatives of the Commission handled him with restraint, bent backward by allowing him to meet with the Zonal Head. But rather than reciprocate, he still refused to identify himself, against all norms of civility. In the circumstance, the EFCC Zonal Head had no option than to show him out of his office and refuse him further entry into the Commission’s premises.

Regrettably, the seasoned lawyer resorted to social media blackmail, posing in hospital bed and concocting a fantastic story of an imaginary assault by EFCC operatives.

His action is to say the least indecorous and unbecoming of the leader of the bar in a state like Benue. He demonstrated embarrassing insensitivity to the delicate security situation of the state.

Gbagir should be remorseful for his misguided action and not spew untruths in pliable sections of the media.

Wilson Uwujaren
Head, Media & Publicity
9 June, 2021

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  • EDITOR'S CHOICE
  • Jun 09, 2021
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  • Comments Off on CVL HONOURS AGOMO, SARAH JIBRIL, OSIBODU TOMORROW

CVL HONOURS AGOMO, SARAH JIBRIL, OSIBODU TOMORROW

Foremost jurist and first female Dean of Law at the University of Lagos (UNILAG), Prof. Chioma Agomo is among three distinguished women leaders billed to be honoured tomorrow at the 52nd CVL Leader Without Title Leadership Tribute Colloquium (Special Series).

Also singled out for awards are veteran politician and former Special Adviser to the President on Ethics and Values, Dr. Sarah Nnadzwa Jibril as well as renowned banker and MD/CEO of Benin Electricity Distribution Company (BEDC), Mrs. Funke Osibodu.

Organized by the Centre for Values in Leadership (CVL), the colloquium will hold at the Nigerian Institute of International Affairs (NIIA), Victoria Island, Lagos.

An announcement by the organisers reads:

52nd CVL Leader Without Title Leadership Tribute Colloquium (Special series) for pioneer women who broke the glass ceiling.

About this event
The Centre for Values in Leadership is pleased to invite you to its 52nd Leader without Title Leadership Tribute Colloquium in honour of Prof. Chioma Kanu Agomo, Dr. Mrs. Funke Osibodu, Dr. Stella Okoli and Dr. Sarah Nnadzwa Jibril for their contributions to the development of Nigerian and the strategic roles that they played as pioneer women.

The theme for this colloquium is: “Breaking the Glass Ceiling for Pioneer Women”.

The proposed panel of discussants include:

 Mrs. Mojisola Adeyeye (DG NAFDAC)

 Mrs. Sarah Adebisi Sosan (Formal Deputy Governor of Lagos State)

 Dr. Mrs Olurante Adebule (Formal Deputy Governor of Lagos State)

 Professor Ige Omotayo Bolodeoku (Dean of Faculty of Law University of Lagos)

 Dr. Mrs. Feyisayo Fehintola Ademola Adeboye (Deputy Director, Institute of Africa and Diaspora Studies)

 Prof. Felicia Monye (Former Dean of Faculty of Law, University of Nigeria)

 Mr. Atedo Peterside (founder, Stanbic IBTC Bank Plc,)

 Mrs. Suzanne Olufunke Iroche (Renowned Banker and former MD/CEO, Finbank)

 Mrs. Thelma Ekiyor (Social Entrepreneur and Impact Investor)

Special Guest:

• Mrs. Pauline Kedem Tallen (Honourable Minister of Women Affairs)

Moderator: Professor Pat Utomi (Renowned Political Economist and CEO/Founder CVL)

Venue: 13/15 Kofo Abayomi, Victoria Island Lagos.

Time: 11:00 am

Kindly use the zoom link below, if you wish to attend virtually:

https://zoom.us/j/97559355442?pwd=Ulp1am53MEVpS0IrVHV6cWNMbXhKdz09

Meeting ID: 975 5935 5442

Passcode: 407507

We look forward to seeing you there.

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  • EDITOR'S CHOICE
  • Jun 04, 2021
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  • Comments Off on NBA BWARI HONOURS GADZAMA, OTHERS

NBA BWARI HONOURS GADZAMA, OTHERS

The Nigerian Bar Association (NBA), Bwari Branch has honoured the pioner Chairman of NBA Section on Public Interest and Development Law (NBA-SPIDEL), Chief Joe-Kyari Gadzama, SAN and others during its 2021 Law Week.

Themed “Post COVID Realities for Nigerian Lawyers; Curbing Insecurity Challenges and Fostering National Development,” the event was held at Gadis Event Center, Dutse, Abuja on June 1 and 2, 2021

Among those who delivered goodwill messages were Gadzama, the Chief Judge of FCT, Justice Salisu Garba Abdullahi (represented by Justice O. A. Musa); Director General of the Nigerian Law School, Prof. Isa Hayatu Ciroma SAN, and NBA General Secretary, Mrs. Joyce Oduah.

The Chairman of the branch, Mr. Clement Chukwuemeka thanked Gadzama “for his unwavering fatherly support to the branch” and urged all lawyers to be steadfast. The Le and diligent. The branch also unveiled the second edition of its journal.

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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

  • EDITOR'S CHOICE
  • Jun 04, 2021
  • 0
  • Comments Off on GTB ORDER: ‘LEAVE ME ALONE,’ NOTARY PUBLIC CRIES, AS NBA VOWS PROBE

GTB ORDER: ‘LEAVE ME ALONE,’ NOTARY PUBLIC CRIES, AS NBA VOWS PROBE

Under-fire senior lawyer, Mr. Anthony Eruaga who reportedly issued a controversial ‘reversal order’ to Guaranty Trust Bank has declined comment over the plan by the Nigerian Bar Association (NBA) to probe the matter.

When CITY LAWYER dialed his verified telephone number prior to the NBA’s press statement, Eruaga flatly said: “Please, I am not interested in that matter again.”

Also when CITY LAWYER contacted Eruaga on the move by NBA to probe the controversial order, he said: “Please why not just leave this matter.” He then cut the call.

The NBA had stated that by the ‘reversal order,’ Eruaga “seemed to assume judicial powers not ordinarily exercisable by Notaries Public.”

The statement added that “The leadership of the NBA frowns at such conduct, and wishes to state that it will investigate same and keep members informed about the outcome and further actions to be taken.”

Eruaga had in a press release dated May 28, 2021 stated that the ‘reversal order’ was “done in error,” adding: “I am on my honour telling the general public that they should not honour it.” He also wrote a similar “withdrawal letter” urging the GTBank not to give effect to the ‘reversal order,’ saying that it was “done outside my power.”

As “officers of the Supreme Court,” the Notaries Public Act vests the disciplining of Notaries Public solely on the Supreme Court. The court or any of its justices may suspend a Notary Public while the Supreme Court may revoke the appointment of a Notary Public or order that his name be struck off the register of notaries kept at the Supreme Court.

Section 7 of the Notaries Public Act provides that “If a notary is convicted of any offence, or be adjudged guilty of any misconduct whether in his capacity as a notary or otherwise, the court before which he is so convicted or by which he is so adjudged shall make a report thereof to the Chief Justice of Nigeria and the Supreme Court may revoke his appointment and direct the Chief Registrar to remove the name of the notary from the register.”

On the other hand, Section 9 of the Act enacts that “Any Justice of the Supreme Court may suspend a notary temporarily from practicing as a notary pending a reference to and the decision by the Supreme Court of any complaint against the said notary.”

The NBA statement reads:

ALLEGED BREACH OF RULES OF PROFESSIONAL CONDUCT BY ANTHONY ERUAGA ESQ

Dear Colleagues,

The attention of the Nigerian Bar Association (NBA) was recently drawn to a ‘Reversal Order’ purportedly made by a certain Notary Public – Anthony Idanosi Eruaga Esq., directing a commercial bank to reverse funds allegedly erroneously paid into a customer’s account.

By this act, the said Anthony Idanosi Eruaga, Esq seemed to assume judicial powers not ordinarily exercisable by Notaries Public.

The leadership of the NBA frowns at such conduct, and wishes to state that it will investigate same and keep members informed about the outcome and further actions to be taken.

The NBA reiterates that it will continue to take every step to ensure that the Legal Profession is not brought to disrepute, and accordingly appeals to all lawyers to kindly desist from all actions that are likely to bring dishonour to the Legal Profession.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

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  • EDITOR'S CHOICE
  • Jun 03, 2021
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  • Comments Off on CAC ACCREDITATION: NBA MAKES U-TURN, ASKS LAWYERS TO COMPLY

CAC ACCREDITATION: NBA MAKES U-TURN, ASKS LAWYERS TO COMPLY

  • SETS UP JOINT HELP DESK FOR CAC COMPLAINTS

The Nigerian Bar Association (NBA) has reversed its hard stance on the ongoing re-accreditation exercise by the Corporate Affairs Commission (CAC), asking lawyers to comply with the directive. It has also set up a joint help desk with the CAC to address lawyers’ complaints.

In a press statement signed by NBA President, Mr. Olumide Akpata, the association stated that “The CAC and the NBA have agreed that rather than require lawyers and accredited agents to pay the accreditation fee on an annual basis, the payment will be a one-off fee.”

The statement added that “The CAC and the NBA have also agreed that the payment and reaccreditation will not apply to lawyers who paid or were accredited by the CAC between 1st January 2020 and the date of the initial reaccreditation notice from the CAC in March 2021. The portion of the reminder notice from the CAC dated 1st June 2021 which exempted only those who procured their accreditation after 31st December 2020 was an error which will be withdrawn or clarified by the CAC.”

This is a sharp departure from the position of the lawyers’ body which had in a press statement on March 12, 2021 chided the corporate registry agency for the revalidation exercise, saying that “it is both insensitive and smacks of utter bad faith on the part of the CAC to proceed with this policy without due consultation with the NBA whose members make up over 80% of the customer base of the CAC.”

The NBA had also reasoned that “it is possible to achieve a clean database of accredited agents by requiring those who had been previously accredited by the CAC to simply update and revalidate their records on the CAC portal (at no cost) or lose their accreditation by the new deadline,” adding that “The obligatory charge imposed by the CAC should not apply to existing users but only to those customers who have never been accredited by the CAC and who now seek to be part of the system.”

The lawyers’ body had also based its opposition to the payment of the N10,000 revalidation fee on the harsh economic climate, saying: “The NBA strongly urges the CAC to reconsider its position with respect to the payment of the revalidation fee by existing users, and more importantly to continue to work assiduously towards improving customer experience by resolving the several complaints by users of the system and enhancing efficiency.” 

It was unclear at press time whether the NBA has secured any major shift from the CAC prior to altering its position on the issue, moreso as the CAC had since March 12, 2021 clarified in a tweet that the payment is a one-off. It had stated thus: “Dear esteemed Customers, please be informed that payment for re-validation of accreditation is one-off. And accreditation is not renewable annually. Furthermore, the timeline for re-validation of accreditation has been extended to June, 10 2021.”

Aside from merely stating that “The CAC maintains that the revalidation exercise is important to it for a proper administration of the CAC database especially as the CAC migrates to a process where most or all activities at, or dealings with, the CAC will be concluded on its online portal,” the NBA leadership has not provided any justification for its new stance on the revalidation fee.  

Below is the full text of the NBA statement.

3rd June 2021

To all Lawyers in Nigeria

CAC DIRECTIVE ON RE-VALIDATION OF ACCREDITED AGENTS: UPDATE FROM THE NIGERIAN BAR ASSOCIATION

Members of the Nigerian Bar Association (“NBA”) would have seen a notice dated 1st June 2021 from the Corporate Affairs Commission (“CAC”) reminding accredited agents of the CAC to revalidate their status as agents with the CAC. Accredited agents are required to pay for such revalidation on or before 10th June 2021 or risk a suspension of their accounts.

Kindly recall that when the news of this revalidation first broke out in March 2021, the NBA had issued a statement dated 12th March 2021 informing Nigerian lawyers that the NBA was engaging with the CAC on this process. Following the engagements, we wish to provide the update below:

1. The CAC maintains that the revalidation exercise is important to it for a proper administration of the CAC database especially as the CAC migrates to a process where most or all activities at, or dealings with, the CAC will be concluded on its online portal.

2. The CAC and the NBA have agreed that rather than require lawyers and accredited agents to pay the accreditation fee on an annual basis, the payment will be a one-off fee.

3. The CAC and the NBA have also agreed that the payment and reaccreditation will not apply to lawyers who paid or were accredited by the CAC between 1st January 2020 and the date of the initial reaccreditation notice from the CAC in March 2021. The portion of the reminder notice from the CAC dated 1st June 2021 which exempted only those who procured their accreditation after 31st December 2020 was an error which will be withdrawn or clarified by the CAC.

4. The CAC and the NBA have agreed that in order to enhance efficiency at the CAC and deal with service level complaints from lawyers who use the services of the CAC, an NBA help/support desk (manned by the NBA-CAC Task Force) will be set up at the CAC. Lawyers who have applications at the CAC that are not attended to within the designated timelines may escalate their complaints to the NBA support team which will liaise with the CAC with a view to resolving the issues. Such complaints should be sent to nbacac@nigerianbar.org.ng. Kindly note that only correspondence relating to delays and service inefficiency at the CAC will be entertained by this help/support desk.

5. The NBA is not oblivious of the challenges that lawyers have had to face with their clients on account of delayed processing of applications, and other service-related issues at the CAC. Accordingly, the NBA will continue to work with the CAC towards enhancing efficiency at the CAC and generally improving on the experience of our members when dealing with the CAC.

Yours sincerely,

OLUMIDE AKPATA
NBA President

NBA_CAC

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  • EDITOR'S CHOICE
  • Jun 03, 2021
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  • Comments Off on ASF FRANCE SECURES RELEASE OF 3 DETAINEES AFTER 8 YEARS IN CUSTODY

ASF FRANCE SECURES RELEASE OF 3 DETAINEES AFTER 8 YEARS IN CUSTODY

The Avocats Sans Frontières France (ASF France) has secured the release of three suspects detained for about eight years in Lagos State. According to a statement by Angela Uwandu, the Head of Office of Avocats Sans Frontières France, the victims are beneficiaries of ASF France’s pro bono legal aid, on the wings of the European Union and AFD funded “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria project” (SAFE) project.

Condemning a system which subjects suspects to prolonged pre-trial detention, Uwandu said: “No justice system should subject anyone to 8 years awaiting trial. It is simply a failure of the system and a gross violation of the rights of citizens.”

Meanwhile, ASF France in collaboration with its local partners, the Carmelite Prisoners Interest Organisation (CAPIO) and the Nigerian Bar Association (NBA), also held trainings for security agencies, media and CSOs in Lagos State. Said Uwandu: “The insightful trainings were on the wings of the “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria project” (SAFE), funded by the European Union and the Agence Française de Développement (AFD), which is targeted at addressing human rights violations of torture, extra-judicial killings and arbitrary detention.

“The training for security agencies on human rights took place on the 24th – 26th of May, 2021. The 3-day training aimed at bridging the knowledge gap of security agencies on Human Rights laws and standards had in attendance 27 security personnel drawn from the Nigerian Police Force (NPF), Nigerian Army (NA), the Department of State Security (DSS), Nigerian Airforce (NAF), NCDC (Nigeria Security and Civil Defense Corps), Corrections Service, Nigerian Drug Law Enforcement Agency (NDLEA) and Immigrations.”

The statement on the freed detainees is below:

As part of its efforts in promoting the enjoyment of Human Rights in Nigeria, Avocats Sans Frontières France (ASF France), has successfully enforced the fundamental human rights of three victims of arbitrary detention in Lagos state. The victims are beneficiaries of ASF France’s pro bono legal aid, on the wings of the European Union and AFD funded “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria project” (SAFE) project.

The cases of Mr. Adewale F, Mr. Ifekoya S and Mr. Kola A were all handled between the months of September 2020 and December 2020. The striking similarity amongst the three (3) cases is that all beneficiaries had been arbitrarily detained for over 8 years, with Mr. Kola spending the most (over 9 years) in arbitrary detention.

Mr. Adewale had gone to the Police station to report a case of theft which occurred when some women were confronting him on the issue of a missing child. He was arrested because the women made a counter-report against him, accusing him of being in possession of the missing child. Mr. Adewale couldn’t afford the finances required to process his bail, thus he was transferred to SARS Office at Lagos State Police Command Headquarters, Ikeja and was then charged with armed robbery and remanded in custody. Mr. Adewale had never appeared in Court since 20/05/2013.

Similarly, in the case of Mr. Ifekoya, who was accused of failure to prevent a felony. He had given a lift to a friend who was wanted by the Police. Mr. Ifekayo couldn’t produce his friend when requested by the Police. He was then remanded in Kirikiri Medium Security Custodial Centre since 2012. The third detainee, Mr. Kola, was also remanded in the same custody since 2012 without trial until ASF France’s intervention.

ASF France, tendered separate applications to the Lagos State High Court on behalf of the 3 detainees, particularly seeking for the unconditional or conditional release, citing the violation of their fundamental human rights, their rights to personal liberty and freedom of movement, provided under the sections 35 and 41 of the constitution of the Federal Republic of Nigeria 1999 as amended.

All three applications were successful at the Lagos State High Court. In one of the judgments delivered by the Judge, Justice O.O. Abike-Fadipe, she said “No amount of money can compensate for 8 years of one’s life.”

While commending the Judges for the Rulings, Angela Uwandu, the Head of Office of Avocats Sans Frontières France said, “no justice system should subject anyone to 8 years awaiting trial. It is simply a failure of the system and a gross violation of the rights of citizens.” The arbitrariness of these detentions entitles the victims to a remedy and this is what the ASF France legal team has achieved in this case. Avocats Sans Frontières France celebrates these victories, and recognizes them as a step forward for rule of law and human rights protection in Nigeria.

The SAFE project is co-funded by the European Union (EU) and the Agence Française de Développement (AFD), and is being implemented by Avocats Sans Frontières France in Nigeria, in partnership with the Nigerian Bar Association and the Carmelite Prisoners’ Interest Organization.

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NBA BWARI KICKS OFF LAW WEEK

The Annual Law Week of the Nigerian Bar Association (NBA), Bwari Branch (“Capital Bar”) kicked off today with much fanfare. 

Confirming this to CITY LAWYER, the Branch Chairman, Mr. Clement Chukwuemeka Ugo said Day-One of the Law Week went as planned.

Below is the full schedule for the Law Week.

PROGRAMME OF EVENTS FOR NBA BWARI LAW WEEK 2021

Register: https://lawweek.capitalbarlawyers.com.ng

Venue: GADIS Event Centre, Opposite, Girls’ Secondary School, Dutse.

DAY 1: TUESDAY 1ST JUNE 2021
SESSION 1: The Opening Ceremony of NBA BWARI BRANCH LAW WEEK – 2021: TIME: 10.AM -11.55.AM

THEME: Post Covid Realities for the Nigerian Lawyer; Curbing Insecurity Challenges and Fostering National Development.

TEA BREAK: 11.40.AM -11.55.AM

Session 2

EVENT: DISCOURSE 1: (a) Providing Legal Aid to the Victims of Sexual Gender Based Violence (b)Sentencing Guidelines and Plea Bargaining- 12.PM – 1.55.PM

EVENT: DISCOURSE II – Examining the Operation of the Doctrine of Separation of Power in Modern Day Nigeria.
TIME: 2.PM -4.PM

DAY 2: WEDNESDAY 2ND JUNE 2021

SESSION 1:
EVENT: DISCOURSE 1: Creating a Niche in the Legal Profession, Future of Nigerian Legal Profession and Specialization in the Legal Practice: Where lies the Perfect Blend?

TIME: 10.AM – 12.PM

SESSION 2:

EVENT: DISCOURSE 2: CAMA 2020: The Pains and Gains.
TIME: 2.PM – 3.PM

SESSION 3:
EVENT: DISCOURSE 3: Ethical Compliance in Post Covid 19: Where are the Nigerian Lawyers?
TIME: 4.PM-6.PM

DINNER: 4P.M – 6.PM

COMPLETE EVENT PROGRAMME: https://cutt.ly/OnsAMd2

ZOOM MEETING: https://cutt.ly/zkUftuk
MEETING ID: 860 7640 1685
PASSCODE: NBA2021LW

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ABUJA LAWYERS GO HIKING

The Nigerian Bar Association (NBA) Unity Branch at the weekend organized a hike for lawyers.

A statement made available to CITY LAWYER noted that “The event saw a good turn out of lawyers. However, it was a pleasant surprise when two silks, Chief Joe-Kyari Gadzama SAN and Dr. Sunny Ajala SAN joined in the exercise which drove up the spirit of the lawyers.

“In the friendly mood of the event, the younger lawyers challenged the Silks to see who would reach the top of the mountain. Unknown to them, Chief Gadzama is a golfer who encounters such terrains while Dr Sunny Ajala is a fit and sporty individual.

“To their surprise, the learned silks got to the top while some of the younger lawyers could not make it.”

Speaking on the event, Chairman of the Branch Sport Committee, Mr. Afam Okeke thanked members for turning out for the event. He specially thanked Chief Gadzama and Dr Ajala for their support.

Responding, Chief Gadzama noted that the essence of such events cannot be overemphasised, adding that “Every lawyer must take part in sports and remain healthy to effectively render quality services to clients and enjoy their lives.”

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  • EDITOR'S CHOICE
  • Jun 01, 2021
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  • Comments Off on GADZAMA LLP ISSUES CAVEAT ON UNION BANK SALE

GADZAMA LLP ISSUES CAVEAT ON UNION BANK SALE

The reported sale of a huge chunk of shares of Union Bank Plc has ran into hot water as a judgement creditor has warned prospective buyers to beware of its claims against the bank.

In a statement made available to CITY LAWYER, J-K Gadzama LLP warned that its client, Petro Union Oil & Gas Company Limited is a beneficiary of a judgement of the Federal High Court which awarded it £2, 159, 221, 318.54 against the bank.

Said the statement: “As Lead Counsel to Petro Union Oil & Gas Company Limited, and acting on the instruction of our Client, we believe it is important for us to put the prospective buyers and the public on notice of the outstanding judgment sum to the tune of £2, 159, 221, 318.54 (Two Billion, One Hundred and Fifty-Nine Million, Two Hundred and Twenty-One Thousand, Three Hundred and Eighteen Pounds Sterling, Fifty-Four Pence) against Union Bank of Nigeria PLC (“the Bank”) as delivered by the Federal High Court sitting in Abuja per Honourable Justice A. Abdu-Kafarati in Suit No. FHC/ABJ/CS/104/2012 wherein the Court, in its judgment of March 11, 2014, amongst other reliefs, held that our Client is entitled to the sum of £2, 159, 221, 318.54 (Two Billion, One Hundred and Fifty-Nine Million, Two Hundred and Twenty-One Thousand, Three Hundred and Eighteen Pounds Sterling, Fifty-Four Pence) and 15% per annum from 2nd June, 1995 until the total sum is released and transferred to our Client.”

The law firm noted that the judgement was not only validated by the Court of Appeal but that the Supreme Court also held an appeal by the bank to be incompetent. It however stated that “there is a pending application by the Bank praying the Court to set aside the said judgment.”

The leading law firm noted that though its client’s attention was drawn to reported plans by Zenith Bank Plc and Access Bank Plc to acquire the banking behemoth, “In view of the above, while we are not in a position to dissuade prospective buyers of Union Bank of Nigeria PLC not to continue with the transaction or advise against the sale of the Bank, we wish to put the public on notice that the judgment sum of £2, 159, 221, 318.54 (Two Billion, One Hundred and Fifty-Nine Million, Two Hundred and Twenty-One Thousand, Three Hundred and Eighteen Pounds Sterling, Fifty-Four Pence) is still outstanding and yet to be paid. Furthermore, the matter is yet to be concluded by the Supreme Court and may go either way.”

The full text of the statement is below.

RE: ACQUISITION OF UNION BANK PLC

The attention of our Client, Petro Union Oil & Gas Company Limited, has been drawn to an online publication by THISDAY Newspaper of May 7, 2021 captioned: Bloomberg: Zenith, Access Banks Express Interest To Acquire Union Bank of Nigeria PLC. Accessed Through Bloomberg: Zenith, Access Banks Express Interest To Acquire Union Bank | Thisdaylive

In the said publication, it was reported thus:

“Two Nigerian lenders – Zenith Bank Plc and Access Bank Plc – are among the list of financial institutions. from Africa and the Middle East that have indicated an interest in the acquisition of Union Bank Plc and other African assets of Atlas Mara Group, a Pan-African banking group.

Bloomberg which disclosed this quoted sources familiar with the matter to have disclosed that Atlas Mara Limited, the London Stock Exchange-listed pan-African banking group started by Mr. Bob Diamond has received a number of approaches for its 49.97 per cent holding in Lagos-based Union Bank of Nigeria.

Zenith Bank Plc and Access Bank Plc are among the suitors that have expressed interest alongside other African rivals such as Morocco’s Attijariwafa Bank, the sources said. THISDAY also confirmed the development from sources in the two tier-1 banks, who also pleaded to remain anonymous.”

As Lead Counsel to Petro Union Oil & Gas Company Limited, and acting on the instruction of our Client, we believe it is important for us to put the prospective buyers and the public on notice of the outstanding judgment sum to the tune of £2, 159, 221, 318.54 (Two Billion, One Hundred and Fifty-Nine Million, Two Hundred and Twenty-One Thousand, Three Hundred and Eighteen Pounds Sterling, Fifty-Four Pence) against Union Bank of Nigeria PLC (“the Bank”) as delivered by the Federal High Court sitting in Abuja per Honourable Justice A. Abdu-Kafarati in Suit No. FHC/ABJ/CS/104/2012 wherein the Court, in its judgment of March 11, 2014, amongst other reliefs, held that our Client is entitled to the sum of £2, 159, 221, 318.54 (Two Billion, One Hundred and Fifty-Nine Million, Two Hundred and Twenty-One Thousand, Three Hundred and Eighteen Pounds Sterling, Fifty-Four Pence) and 15% per annum from 2nd June, 1995 until the total sum is released and transferred to our Client.

The judgment of the Federal High Court was affirmed by the Court of Appeal in Appeal No. CA/A/258/2014 delivered on Tuesday, the 5th day of June, 2018 and the Appeal lodged by the Bank was dismissed. Furthermore, an Appeal to the Supreme Court by the Bank in SC.632/2018 was held to be incompetent by the judgement of the Supreme Court delivered on Monday, December 16, 2019, by Honourable Justice Mary Ukaego Peter-Odili, JSC, although there is a pending application by the Bank praying the Court to set aside the said judgment.

In view of the above, while we are not in a position to dissuade prospective buyers of Union Bank of Nigeria PLC not to continue with the transaction or advise against the sale of the Bank, we wish to put the public on notice that the judgment sum of £2, 159, 221, 318.54 (Two Billion, One Hundred and Fifty-Nine Million, Two Hundred and Twenty-One Thousand, Three Hundred and Eighteen Pounds Sterling, Fifty-Four Pence) is still outstanding and yet to be paid. Furthermore, the matter is yet to be concluded by the Supreme Court and may go either way.

Dated this Tuesday, the day 1st day of June, 2021

PP: J-K Gadzama LLP

____________________________________________________________________________
Joe-Kyari Gadzama, OFR, MFR, SAN, FNIALS, FICMC, DiplCArb, FCIArb, Chartered Arbitrator.

GADZAMA_UBN+

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