March 2022

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CJN, AKPATA AGREE ON JUSTICE SECTOR REFORM C’TE

The Chief Justice of Nigeria, Justice Tanko Muhammad and the President of the Nigerian Bar Association, Mr. Olumide Akpata have agreed to set up a five-member committee “to work out the modalities for the implementation of the Justice Sector recommendation.” This was a fallout of the courtesy visit to Justice Muhammad by an NBA delegation led by Akpata.

During the visit, the NBA President also assured that the Bar would continue to defend the Bench in the task of delivering justice without fear or favour.

Below is a press statement on the visit made available to CITY LAWYER.

NBA LEADERSHIP PAYS COURTESY VISIT ON THE CHIEF JUSTICE OF NIGERIA: REVIEWS THE OUTCOME OF THE JUSTICE SECTOR SUMMIT, SECURES COMMITMENT OF THE JUDICIARY IN ITS IMPLEMENTATION AND PLEDGES TO KEEP SPEAKING UP FOR THE BENCH.

Dear Colleagues,

In continuation of the efforts of the leadership of the Nigerian Bar Association (“NBA”) to engender a more cordial relationship between the Bar and the Bench, the President of the NBA – Mr. Olumide Akpata, on Thursday 24th March 2022 led some members of the National Executive and senior members of the Bar, on a courtesy visit to the Chief Justice of the Federation.

During the visit, a review of the outcome of the 2022 Justice Sector summit was done, regarding the appointment/selection and discipline of Judges, independence and financial autonomy of our Courts in dispensing justice without fear, favour, affection or ill-will, and the efficiency and efficacy of the system to ensure that our courts perform optimally, with considerable speed and accuracy.

Thereafter, The Chief Justice of Nigeria – Hon. Justice Dr. Ibrahim Tanko pointed out that most of the recommendations stemming from the Justice Sector Summit are already part of the National Judicial Council (NJC) Policy of 2016, which unfortunately are not yet being implemented.

Consequently, it was agreed that a Five member committee of the Bar and Bench will be set in motion to work out the modalities for the implementation of the Justice Sector recommendation.

Furthermore, the NBA President  on behalf of the delegation, pledged to continue speaking up for the Bench since the code guiding members of the Bench bars them from responding to attacks meted on its members.

The CJN thanked the NBA President for the thoughtful visit and reminded the delegation that the Bar and Bench are different sides to a coin which must work in symphony. He further pledged by way of conclusion, that more steps will be taken to ensure a more efficient dispensation of justice, and implementation of the decisions reached at the Justice Sector Summit.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

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TAIDI CONDOLES NBA OVER TRAIN ATTACK, ASKS FG TO ACT

The immediate past Nigerian Bar Association (NBA) General Secretary, Mr. Jonathan Taidi has condoled the NBA leadership on the death of some lawyers in the attack on the Abuja-Kaduna train.

Extending his condolence message to the Chairman and members of NBA Kaduna Branch in particular over the loss of three of its members, Taidi said: “My deepest sympathy is with all the families who lost their loved ones on board the train as I join my voice to those who demand that the government immediately accounts for those whose whereabouts are still unknown.”

He urged the Federal Government to act fast to arrest the spate of attacks across the country, adding: “I hereby call on the Federal Government to stop the foot dragging, the feckless reassurances, and the crocodile tears, and actually make drastic changes to the current methodology of crime fighting. It is obvious that whatever it has done till now has not worked and had instead emboldened the bandits to perpetuate even worse atrocities.”

Below is the full text of the statement made available to CITY LAWYER.

TIME TO OVERHAUL NIGERIA’S SECURITY ARCHITECTURE

INCESSANT INSECURITY: THE FEDERAL GOVERNMENT MUST ACT NOW TO END THESE SENSELESS KILLINGS

The recent twin-attack on the popular Abuja – Kaduna rail line which killed a score of passengers, and left many more wounded or unaccounted for is proof that the Federal Government of Nigeria is sleeping on duty. The second attack actually came within 24 hours of the first and both came only a year after a similar attack was launched on the railway last year shortly after the route became popular as a result of the incessant kidnappings and killings along the Abuja- Kaduna road which made the rail a safer alternative.

Now the bandits have taken away that alternative and we are forced to live like people under permanent siege.

It is impossible to excuse the kind of incompetence that is at work here. At every election we see a massive deployment of security personnel, in their tens of thousands, outside their places of primary assignment, drafted to police the polls, so the question is: why are we not seeing the same kind of commitment now when there is a clear and present danger to the lives of our people traveling this route?

It seems that as far as the government is concerned, winning elections takes precedence over the sacred duty of protecting the lives and property of the people, which is universally acknowledged as the first function of government.

For how long shall we continue to mourn and grieve the loss of our loved ones, colleagues and compatriots while also living in fear for our lives because we know that no one is safe anymore in this country?

I hereby call on the Federal Government to stop the foot dragging, the feckless reassurances, and the crocodile tears, and actually make drastic changes to the current methodology of crime fighting. It is obvious that whatever it has done till now has not worked and had instead emboldened the bandits to perpetuate even worse atrocities.

May I use this medium to commiserate with the president and members of the Nigerian Bar Association in general and the Chairman and Members of NBA Kaduna Branch in particular over the loss of three of its members. My deepest sympathy is with all the families who lost their loved ones on board the train as I join my voice to those who demand that the government immediately accounts for those whose whereabouts are still unknown.

This Government Must Act Now!

Jonathan Gunu Taidi, Esq.
NBA General Secretary (2018 -2020)

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GADZAMA LAUDS NBA WOMEN FORUM, UYO, YENAGOA BRANCHES

The Chairman of the Nigerian Bar Association (NBA) Security Agencies Relations Committee, Chief Joe-Kyari Gadzama SAN has felicitated with the NBA Women Forum on its 2nd Annual Conference.

Similar felicitations were delivered to the forum by the J-K Gadzama LLP Women’s Group and Young Lawyers Group of J-K Gadzama LLP.

The leading arbitrator has also hailed NBA Uyo and Yenagoa branches on their Annual Law Week programmes.

Below are the Goodwill Messages.

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‘THE FUTURE OF LAWYERS AND LEGAL EDUCATION,’ BY EMEKA NGIGE

The Nigerian Bar Association (NBA) recently organised a “Legal Education Summit” in collaboration with the Afe Babalola University. In a Goodwill Message to the Summit, Chairman of Council of Legal Education (CLE), CHIEF EMEKA NGIGE SAN embarks on a tour de force on efforts to rejig legal education in Nigeria and warns that scrapping the entire edifice in pointing to the future is not an option

A Goodwill Message By Chief Emeka Ngige, SAN, Chairman, Council of Legal Education to Legal Education Summit 2022, Organised by the Nigerian Bar Association in collaboration with Afe Babalola University, Ado-Ekiti. 29 -30 March 2022

Theme: Re-Imagining Legal Education In Nigeria

✓ The Vice President, Federal Republic of Nigeria;
✓ State Governors Here Present particularly Governor of Ekiti State;
✓ The Hon Chief Justice of Nigeria;
✓ Hon Chief Judges of States in Nigeria Here present;
✓ Hon Justices and Judges of Superior Courts in Nigeria;
✓ The Hon Attorney-General & Minister of Justice;
✓ Hon Attorneys-General of States Here Present;
✓ The President, NBA;
✓ Hon Benchers Present;
✓ Senior Advocates of Nigeria Present;
✓ The Chairman, Legal Education Summit 2022;
✓ Distinguished members of the Council of legal Education Here present;
✓ The Director-General, Nigeria Law School;
✓ Vice Chancellors of Federal, State and Private Universities in Nigeria;
✓ Resource Resource Persons, Panelists and Facilitators of this Summit;
✓ Members, Nigerian Bar Association Here Present;
✓ All Invited Guests:
✓ Ladies and Gentlemen

I am delighted to have been invited to be a part of this Summit. I thank the President of the Nigerian Bar Association, Mr. Olumide Akpata, for inviting me, and the Proprietor of Afe Babalola University (ABUAD), Aare Afe Babalola, CON, OFR, SAN, and the entire Management of Afe Babalola University, for collaborating with the NBA to deliver this great Summit, and for hosting the Summit.

I especially commend the leadership and membership of the Nigerian Bar Association for putting together a summit of this nature at such an auspicious time, aimed to assist in advancing legal education in Nigeria. As we all are aware, the NBA is a major stakeholder in the legal education project in Nigeria. First, and pursuant to the provisions of section 2(1) (e) and (f) of Legal Education (Consolidation) Act, Cap L10 LFN 2004, the NBA President and 15 other NBA representatives are members of Council of Legal Education. Second, by virtue of Article 3 of the NBA Constitution, 2015, among the major objectives of the Nigerian Bar Association are promotion and advancement of Legal Education, Continuing Legal Education, Advocacy and Jurisprudence, and Promotion of co-operation between the NBA and other National Institutions. Such national institutions include the Council of Legal Education/Nigerian Law School, Universities and institutions engaged in legal education of aspirants to the Nigerian Bar. Third, most, if not all, law students in Nigeria will end up as Legal Practitioners and as such members of the NBA and of the legal profession in Nigeria; all members of the Bar and the Bench were at one time or another law students. By virtue of section 4(1)(a) of the NBA Constitution, all persons called to the Nigerian Bar and duly enrolled at the Supreme Court of Nigeria as legal practitioners are members of the NBA. Accordingly, progress or otherwise in legal education directly impacts the legal profession. Whatever happens in the legal education sector should be of serious interest to the NBA because failure in the former would seriously hinder progress, effectiveness and continued relevance of the latter in the country.

Furthermore, under Rule 11 of the Rules of Professional Conduct for Legal Practitioners in Nigeria, the NBA has some roles to play in the requirement of Mandatory Continuing Legal Education in the profession. Continuing Legal Education is an offshoot of the legal training of aspirants to the bar. Moreover, the NBA President is next to the Attorney-General of the Federation in the leader ship hierarchy of the Nigerian Bar, which comprises former law students, all Law Teachers, heads of the Council of Legal education, the Nigerian law School, the various Law Faculties in Nigeria, the heads of other law legal education training institutions in Nigeria. Finally, the NBA President, in the absence of a substantive Chairman of the Council of Legal Education, acts as the Acting Chairman. There is therefore no doubt that the NBA being s critical stakeholder in the legal education project in Nigeria, has the locus to organise a summit of this nature.

Legal education which comprises in the education of individuals in the principles, practices, and theory of law, is dynamic and all-encompassing, cutting across several jurisdictions, concepts, processes and stages, the overall aim being that of serving society liberally by imparting general and cultural education to law students to make them good law-abiding citizens, as well as instilling in them the significance and relevance of constitutional democratic culture. According to Harvard Law School’s Committee of Legal Education, legal education lays emphasis on training men for the legal profession, and providing centers where scholars might contribute to an understanding of law and government and participate creatively in growth and improvement of law, ethics and governance. To this end, legal education in the 21st century must be one that effectively responds to the economical, technological, and societal shifts that happen at an ever-increasing pace. It must be an education that sets children up to succeed in a world where more than half of the jobs they will have over their careers do not even exist yet (Sara Hallerman, Colon Lewis, and Brad Dresbach). Finally, as recommended by the New Teaching Curriculum in the Nigerian Law School, 21st century legal education in Nigeria is also aimed at producing lawyers who would be in a position to measure up to contemporary benchmarks and international best practices in the legal profession.

I am aware of the efforts so far made by the Council of Legal Education, and the Management and Teachers of the Nigerian Law School, as well as by past and current NBA leaderships towards encouraging a strong partnership between the Bar and the Council of Legal Education/Nigerian Law School in the practical training of aspirants to the Nigerian Bar with a view to meeting the needs of the 21st century. I recognize that a lot of progress has been made in this respect. I salute Law Teachers in the Law School, in the various law faculties and other other institutions that offer legal education in Nigeria. In their individual and collective capacities, Law Teachers in Nigeria have contributed towards the academic, professional and personal development of lawyers and law practice in Nigeria. However, a lot still needs to be done. Legal education needs to continually and consistently develop in order to remain relevant to the needs of a dynamic society. There is need for continuous and concerted efforts by all stakeholders at strengthening existing partnerships and collaboration with a view to improving on the quality of legal education. There is also a need for reorientation in our profession and there is no better place for this to start, than from the foundation, which is our legal education. This is why I consider this summit timely and the theme apt: “Re-Imagining Legal Education In Nigeria”.

Further, with the outbreak of Covid-19 pandemic in 2020, and following the devastating and dislocating aftermaths of the pandemic, diverse opinions on the concept of legal education have emerged. The pandemic stretched its tentacles into diverse facets of life; the educational sector (including legal education) being among the worst-hard-hit; the pandemic exposed many weaknesses of existing systems, processes and procedures in legal education, especially in developing segments of the worlds, of which Nigeria is a part. As a form of response to the upshots of the pandemic, stakeholders in education began to explore new, alternative, and dynamic means of teaching and learning to avoid a repeat of the quagmire the restriction occasioned by Covid-19 had caused the world. The legal education sector, managers and stakeholders have no choice than to begin to explore new concepts, more dynamic, pragmatic and responsive teaching and learning methods and systems, In summary, reform, reinvention and re-imagining has become necessary to enable legal education in Nigeria key fully into what is now regarded all over the world as the “new normal”. In November 2021, the Federal Republic of Ghana held a summit of this nature under the them: “The Future of Legal Education in Ghana” and came up with a communique, which is expected to be followed up with necessary reforms to realise the objectives of the summit.

The above said, a very critical development in the legal education sector which this summit should pay serious and elaborate attention to is the recent development in respect of the Nigerian Law School. It should be noted that the Nigerian Law school currently has seven campuses. However, in an unprecedented move, the Senate of the Federal Republic of Nigeria recently passed a Bill to establish six additional Campuses of Nigerian Law School. The decision of the Senate completely brushed aside opposing/contrary advice and views by the Honourable Attorney-General of the Federation, the Council of Legal Education, Nigerian Law School, the Nigerian Bar Association and other major stakeholders in the legal education sector in Nigeria. The extant law, the Legal Education (Consolidation) Act, in its section 1(2) and section 3 respectively confers on the Council of Lgal Education the “responsibility for the legal education of persons seeking to become members of the legal profession” and for “Continuing Legal Education”. By the combined effect section 2(5) and section 4 of the Act, the Council may “do such things as it considers expedient for the purpose of performing its functions” subject to general directions by the Hon Attorney-General of the Federation. Thus, the dissenting advice and views of the Council, of the Hon AGF, of the NBA and of some other stakeholders were based mainly on the reasonable realisation that establishment of additional Campuses for the Nigerian Law School are better left in the hands of the Council in collaboration with the NLS as administrative matters to be guided by expediency and need, among other factors. The Council of Legal Education, the Management of the Nigerian Law School, among other stakeholders are better -placed to make/take decisions in this respect. There is an adage that “he who wears the shoes knows where it pinches”. Besides, most of the existing seven Campuses of the Law School are in dire need of urgent infrastructure upgrade which on its part requires greater funding from government and stakeholders. It is hoped that these should be principal among what occupies the attention of stakeholders, rather suggestions for establishment of too many additional Campuses (at the same time), some of which may end up being not viable, as a result of paucity of funds and dearth of basic infrastructure. Finally, the Council’s views were guided partly by its belief that increased funding for the Nigerian Law School would bring about the needed upgrade in the Campuses, to adequately serve the need of growing number of aspirants to the Bar seeking admission to the Law School. It is hoped also that this Summit should subject the recent Bill passed by the Senate, among other issues, to rigorous discussions in order to come up with recommendations that would best serve the best interest of legal education, the legal profession, and the Nigerian nation.

At this juncture, it is pertinent to recall that in an effort to improve legal education, especially the practical training of aspirants to the Bar, the Council of Legal Education under the Chairmanship of Hon Justice M.O Onalaja (of blessed memory), had in 2008 constituted a Legal Education Review Committee, headed by Mrs Funke Adekoya, SAN. Other members of the Committee included Prof Yemi Osinbajo SAN (as he then was); Mr. Olisa Agbakoba, SAN; Prof Fidelis Oditah, SAN, QC; Mr. AB. Mahmoud, SAN; Mr. Ernest Ojukwu (then DDG and Head, NLS, Enugu Campus); Mr. Olanrewaju Onadeko (then DDG and Head, NLS, Lagos Campus); Mr. Nasiru Usman (then DDG and Head, NLS, Kano Campus); Prof. I.O Smith (Faculty of Law, UNILAG); Dr. Isa H. Chiroma (then, Dean Law Faculty, UNIMAID) and Mrs. Roli Hariman (then lecturer, Nigerian Law School).

The Committee had called for memoranda from all stakeholders in the legal education project in Nigeria. The Committee considered all memoranda received as well as all presentations made at the Legal Education Summit 2006 which had held in Abuja on March 03, 2006 under the theme:“The Future of Legal Education in Nigeria”. Also considered were reports and recommendations of the “National Committee on the Reform of Legal Education in Nigeria”. The Committee paid a visit several institutions, including the College of Law and the BPP Law School both in London England and the findings aided the work of the Committee (see: Ernest Ojukwu, Legal Education In Nigeria: A Chronicle Of Reforms And Transformation Under Tahir Mamman).

The result of the Committee’s work was positive; the Committee made far-reaching recommendations on reform and improvement of legal education in Nigeria. I am aware that the Committee’s recommendations had led to, among others, the birth in 2008, of a “New Teaching Curriculum” for the Nigerian Law School, a curriculum, which I am told, has been reviewed more than five times, to keep it in tune with developments in law, the legal profession, the legal education sector in Nigeria and across the globe. Thus, tremendous efforts have been made in the past. It is time to build on past and current efforts in order to move legal education to the next level. This Summit present a great opportunity in this respect.

Moreover, the law setting up Council Legal Education needs to be reviewed to reflect current realities and needs of the profession and the sector. To this end, the NBA has presented before the Body of Benchers, a draft Bill on Legal Education in Nigeria in Nigeria, which Bill seeks, inter alia, to create a Council of Legal Education that will be separate from Nigerian Law School and other private Law Schools to be established. It is hoped that this development will be among the matters that will be subjected to thorough and dispassionate examination and debates at this Summit, with a view to proffering recommendations on what is the best-suited for the profession, the sector and the nation, without destroying past and present efforts and achievements, without lowering standards, and without dislocating the fabrics and core values of the profession/sector. It is therefore my hope that deliberations and recommendations of this Summit should proceed on the notion that proposed improvements or reform or re-imaging of legal education in Nigeria can only yield more effective results and quickly if those proposed improvements acknowledge and are founded on past and existing efforts and achievements. Existing structures and achievements will provide a solid foundation to future improvements. We may not have not got to where should be. But, no doubt, we have left where we used to be. However, without continual continual collaboration, sand improvement, such things as growth and progress, achievement, and success have no meaning. I recall the counsel by Henry Ford, founder of the Ford Motor Company: “Coming together is a beginning, staying together is progress, and working together is success.”

In conclusion, let me assure this Summit and all participants that the Council of Legal Education will seriously consider any communique/recommendations emanating from this summit, to ensure that this effort is not in vain.

Thank you, and God bless you abundantly

Signed:
Chief Emeka Ngige, SAN,
Chairman, Council of Legal Education, Nigeria

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OSINBAJO, AKPATA, AFE BABALOLA SEEK LEGAL EDUCATION CURRICULUM OVERHAUL

Vice President, Prof. Yemi Osinbajo; Nigerian Bar Association President, Mr. Olumide Akpata and founder of Afe Babalola University, Aare Afe Babalola, have canvassed an overhaul of the curriculum for legal education to reflect contemporary reality.

The legal giants and senior advocates identified an obsolete curriculum as one of the biggest challenges confronting the development of legal education in Nigeria.

Osinbajo and Babalola spoke during the 2022 Legal Education Summit organised by the Nigerian Bar Association in collaboration with ABUAD with the theme, ‘Reimagining legal education in Nigeria’ holding at ABUAD. While Babalola spoke in Ado Ekiti, the vice president addressed the gathering through virtual mode.

Osinbajo, who said the Nigerian law schools were producing lawyers who could not measure up to contemporary benchmarks and the global best practices in the legal profession, said that a well-articulated review of the obsolete curriculum would ensure the Nigerian Law graduates acquired qualitative legal education and compete favorably with their contemporaries.

He stressed the need for law graduates to be subjected to intense practical training rather than theoretical aspects with a view to exposing them to the mastery of intricacies of the legal profession.

In the keynote address, Babalola, who said the proliferation of law school campuses would not solve the problem of access to legal education, said, “It is common knowledge today that there is not a single one of all the existing law school campuses in the country that has modern equipment, libraries, internet facilities, E- libraries and modern ICT infrastructures.

“For me, what we need is a central law school. The law school, which should be a regulatory body will provide curricula for training for law graduates, supervise the university which will train graduates for the law school examination, set final examinations for students who would be called to the Bar.

“It would also accredit universities which have law colleges to train the graduate lawyers for 12 months after which they will take a common examination which would be moderated by the central law school.

“So, with these proposed arrangements, the law graduates will proceed to these reputable colleges/faculties of law with up-to-date facilities and faculty members of international repute for their post-LL.B training and only to write their ‘Call to the Bar Examinations’ without having to be a residential student in any law school as is currently the case.

“This way, the hydra-headed problems of the paucity of funding, derelict facilities and inadequate accommodations space would have been solved”, he said.

The NBA President, Mr. Olumide Akpata, who corroborated Osinbajo and Babalola on the need to review the curriculum, said experience with fresh law graduates had shown that they lacked the requisite knowledge to fit into today’s law practice.

Akata, who said the curriculum being used in the universities and the Nigerian Law School had hardly changed over the years, said there was an urgent need to revise the present curriculum to meet the global developmental challenge.

“It is a truism that quality legal education is an essential element and ingredient to legal professionals who are competently representing clients and contribute to the establishment of the rule of law. But, our country’s legal standard has declined in all its measure.

“This is as a result of the general decline in Nigeria’s educational standard which has played role in undermining our ailing system of legal education and training of law graduates that can compete with their contemporaries,” a PUNCH newspaper report quoted Akpata as saying.

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OLANIPEKUN EMERGES 50TH CHAIR OF BODY OF BENCHERS

Leading litigator and senior lawyer, Chief Wole Olanipekun SAN has emerged the new Chairman of the embattled Body of Benchers, CITY LAWYER can authoritatively report.

Olanipekun assumed leadership of the august body following the completion of tour of duty by the immediate past chairman, retired Justice Olabode Rhodes-Vivour.

In an acceptance speech obtained by CITY LAWYER , Olanipekun said that “it will be an understatement to posit that I am humbled, honoured and ecstatic at the matchless and remarkable opportunity afforded me to lead and pilot the affairs of the Body of Benchers for the next one year, having been elected as the Vice-Chairman on 25th March, 2021.”

The fiery litigator noted that since November 27, 1971 when the body was inaugurated, “the transition to either the office of the Vice-Chairman or Chairman has always been smooth, seamless, straightforward, rancour-free and unwrinked,” adding that “Here, we do not mount the soap box or campaign for elections.”

Perhaps in a veiled reference to the controversy that has dogged the body over its alleged meddlesomeness in the affairs of one of its committees, the Legal Practitioners Disciplinary Committee (LPDC) leading to the resignation of its chairman and two other members, Olanipekun said: “Without being immodest, but for the sake of emphasis and record purposes, as well as the present exigencies, I have always given my all to the legal profession, whether as a practicing lawyer in court rooms across the length and breadth of the country; or as Secretary and later Chairman of a branch of the NBA; or as Attorney-General and Commissioner for Justice in the old Ondo State ….” He reeled out more positions held by him in the legal profession.

He pledged “to continue to give my all to the services of the Body of Benchers as Chairman for the next year and, in doing so, I will be calling upon you all for your cooperation, understanding, assistance, advice and counsel.”

Saying that the legal profession “is under aggression and attack, both from within and without,” Olanipekun stated that it behoves the members “to rejig, redefine and reorientate our profession in order to restore its cherished nobility and glory.”

CITY LAWYER recalls that leading oil and gas lawyer, Mr. Lucius Nwosu SAN had in a February 17, 2022 petition asked the Nigerian Bar Association (NBA) to restrain Olanipekun, himself a former NBA president, from bidding for the chairmanship of the Body of Benchers.

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BOMA ALABI, ANOTHER LPDC MEMBER RESIGNS

Another member of the troubled Legal Practitioners Disciplinary Committee (LPDC) has resigned, CITY LAWYER can authoritatively report.

In a resignation letter obtained by CITY LAWYER and dated March 29, 2022, Boma Ayomide Alabi SAN stated that she has resigned from the LPDC “effective immediately.”

Alabi said that she was “utterly dismayed” by the outcome of the November 22, 2021 meeting of the Body of Benchers where the body directed that the LPDC “suspends sitting” while a petition to the body was being “investigated.”

Saying that she awaited the outcome of the investigation initiated by the Body of Benchers, Alabi noted that a report was circulated at the last meeting of the body titled, “Report of the meeting of the Elders Committee held on the 25th of January 2022.”

Her words: “After some debate, the recommendations contained therein appear to have been adopted in totality, much to my consternation.”

She noted that the report recommended that “The matter before the LPDC should be terminated on the ground that no prima facie case has been made. If the complainant feels strongly about his claims, he should go to a formal court and pursue him (sic) claims.”

The former LPDC member stated that she “made enquiries with the LPDC Registry and confirmed that the Elders Committee did not request the case file in question from the Registry, neither did the Secretariat of this august Body.” Querying the mode of investigation done by the Body of Benchers, Alabi said: “It begs the question – does this mean that the Elders Committee, acting in an overtly appellate capacity in reviewing and rejecting the finding of a prima facie case by the LPDC, as set out in paragraph 5.3 of their report and quoted above, did so, without the benefit of a review of the casefile?”

Noting that the Elders Committee may have held that Section 12(7) of the Legal Practitioners Act (LPA) did not apply to the case it investigated, Alabi said: “I humbly and respectfully beg to dissent from the wisdom of the Elders on this occasion. Section 12(7) of the LPA provides, quite unambiguously, that appeals in respect of decisions of the LPDC can only be entertained by the Supreme Court.”

Alabi stated that the decision of the Body has compelled her to resign her position as LPDC member. The letter was addressed the “The Body of Benchers” and “Attention” to the chairman of the body, past chairmen, Life Benchers and Benchers.

It is recalled that CITY LAWYER had exclusively reported the resignation of Chief Ferdinand Orbih SAN as an LPDC member. This came on the heels of the resignation of the LPDC Chairman, Mr. Emmanuel Ukala SAN.

Other members of the committee are Daniel M. Tela (Secretary); Justice M. B. Dongban-Mensem; Ahmed Mustapha Goniri, Esq., Eyitayo Jegede, SAN; Ebenezer Obeya, Esq.; Justice Marshal Umokoro, Chief Judge of Delta State; Justice Hussein Mukhtar, Presiding Justice, Court of Appeal, Kaduna; Justice Rabi Umar, Chief Judge, Bauchi State; Uju Nwogu, Hon. Attorney General, Anambra State; Suleiman Usman, SAN, Hon. Attorney General, Sokoto State, and H. A. Turaki.

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EASTERN BAR FORUM CHIEFTAIN HAILS GADZAMA AT YLF PARLEY

Former Eastern Bar Forum (EBF) Governor, Mr. Soseipriye Long Williams has commended the Chairman of Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN on his role as Keynote Speaker at the just concluded Annual Summit of NBA Port Harcourt Branch Young Lawyers Forum (YLF).

Reviewing Gadzama’s speech at the summit, Williams said it was not only in tune with the times but had nuggets that especially young lawyers can deploy to foster their practice. Aligning with the speech, the former EBF helmsman said: “Chief J-K Gadzama has said it all.”

Speaking earlier on the theme, “The New Age: Governance, Technology and Law,” Gadzama admonished young lawyers to embrace the positive impact of science and technology in legal practice. He stated that although the legal industry is faced with challenges of transitioning from analogue to a digitized legal practice, “the future is bright for the Nigerian legal system due to the embrace of legal technology to solve a wide range of legal problems occasioned by globalization.”

The leading litigator challenged young lawyers, who he referred to as the future of the legal profession, to brace up to modern trends across the world as they venture into their legal careers. He hinted that the industry has vast opportunities both in the legal service market and the legal talent market, and urged young lawyers and law students to embrace science and technology in order not to be left behind.

The panel session was chaired by a renowned jurist, Hon. Justice Adolphus Enebeli of the High Court of Rivers State while the panelists included Mr. George Etomi, a leading commercial lawyer; Hon. Justice E. N. Thompson of the High Court of Rivers State and Chairman, Rivers State Judiciary ICT Committee; Professor O. W. Igwe of the Rivers State University, Port Harcourt; Mrs. Inemesit Dike, Founder, Legal X App and CEO Legal Concierge, and Hon. Justice Gbasam Okogbule.

The Chief Judge of Rivers State, Hon. Justice Simon Chibuzor Amadi delivered the opening remarks. He was represented by Hon. Justice E. Teetitho of the High Court of Rivers State.

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MAIKYAU, TAIDI’S FATE SEALED, AS ECNBA ISSUES ELECTION GUIDELINES

The Electoral Committee of the Nigerian Bar Association (ECNBA) has issued guidelines for conduct of the 2022 NBA National Election as well as election into the General Council of the Bar.

According to the Guidelines obtained by CITY LAWYER and dated March 24, 2022 there are strong indications that the committee may have foreclosed the controversy surrounding micro-zoning of national offices. This may brighten the chances of senior lawyer and Chairman of NBA Welfare Committee, Mr. Yakubu Maikyau SAN and former NBA General Secretary, Mr. Jonathan Taidi who are believed to be eyeing the post of NBA President.

CITY LAWYER recalls that Mr. Olasupo Ojo had in a letter to ECNBA faulted the Preliminary Notice of Election issued by the committee, arguing that it did not provide for “micro-zoning” of national offices as mandated by the National Executive Council (NBA-NEC). The letter was titled “RE: ECNBA PRELIMINARY NOTICE OF ELECTION” and dated March 21, 2022. Given that the ECNBA Guidelines were released early today, it was unclear at press time whether it was a veiled response to Ojo’s complaint.

Watchers of NBA politics believe that if implemented, the micro-zoning formula would have shut out Maikyau and Taidi, handing the initiative to leading arbitrator and Chairman of NBA Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN who is from the North East.

In the Guidelines titled “GUIDELINES FOR THE 2022 ELECTIONS OF NATIONAL OFFICERS OF THE NBA AND NBA REPRESENTATIVES TO THE GENERAL COUNCIL OF THE BAR,” ECNBA merely restated the zoning formula as contained in its Preliminary Notice of Election where it allotted the positions of NBA President and First Vice President to “Northern Zone.”

The committee listed the States under “Northern Zone” to include Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and FCT-Abuja. This means that aspirants from the North East, North West and North Central can vie for the positions.

The Guidelines also dealt with issues ranging from offices to be contested for in the elections, zoning of offices, qualifications to hold national office, qualifications to hold office as NBA Representative to the General Council of the Bar to issues relating to disqualification of candidates, nomination of candidates, appeals by disqualified candidates, campaign rules and regulations and electronic voting.

On announcement of results of election, the committee said: “At the close of the poll, the ECNBA shall in the presence of the candidates, or their representatives/agents collate and verify the votes before the announcement of results.”

It added that “Pursuant to Part X (1), Second Schedule of the Constitution, the results of the election shall be announced within twenty-four (24) hours of the conduct of elections upon collation and verification of the votes.”

The ECNBA Chairman, Mr. Richard Akintunde SAN had told CITY LAWYER that the committee had received the complaint from Ojo, adding that it would respond “as soon as possible.”

ECNBA Election Guidelines 24 March 2022

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ANXIETY, AS OJO FAULTS ECNBA, DEMANDS ZONING OF PRESIDENCY, OTHERS

  • WE WILL RESPOND SOONEST – ECNBA CHAIR

Fiery Bar Leader and former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo has faulted the Electoral Committee of the Nigerian Bar Association (ECNBA) over its recently released Preliminary Notice of Election.

The activist also demanded an amendment of the notice to reflect “micro zoning” of offices to geopolitical blocs. If implemented, the ECNBA may zone the contest for NBA Presidency to the North East Zone. This will leave the field wide open for the Chairman of the NBA Security Agencies Relations Committee, Chief Joe-Kyari Gadzama SAN to clinch the coveted seat while shutting out the Chairman of the NBA Welfare Committee, Mr. Yakubu Maikyau SAN and immediate past NBA General Secretary, Mr. Jonathan Taidi who are also believed to be eyeing the position.

In a letter to ECNBA obtained by CITY LAWYER, Ojo asked the ECNBA “to urgently fully give effect to the provisions of the NBA Constitution (including the binding micro zoning provisions) and administer the applicable rules fairly and firmly in line with the Commitment of the Committee as restated in your letter dated 1st February, 2022 to me.”

Meanwhile, the ECNBA Chairman, Mr. Richard Akintunde SAN told CITY LAWYER that the committee is already in receipt of the complaint, adding that it would respond “as soon as possible.”

The letter was titled “RE: ECNBA PRELIMINARY NOTICE OF ELECTION” and dated March 21, 2022. It was copied to NBA President and all national officers, the Chairman and all members of the Body of Benchers as well as the Chairman and all members of the NBA Board of Trustees.

According to Ojo, the Electoral Reform and Audit Committee “had recommended that the micro zoning provision in 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.”

He stated that “This recommendation was approved, adopted and endorsed by the National Executive Council as reflected in the communiqué issued by the President and General Secretary of the Association on 18th March, 2021.There was no contrary decision and/or resolution reached at the 2021 Annual General Meeting in Port-Harcourt on this adopted recommendation.”

He argued that while the different sections/groups that make up each geographical zone are the geopolitical zones/blocs, “the legitimate expectation from the ECNBA was for the preliminary notice of election to specifically indicate the particular sections/groups in the zones and the component states for each of the zoned positions.”

Ojo stated that he was “taken aback when I read the preliminary notice of election which did not specify the sections/groups and the component states in line with the mandatory micro zoning provision of the NBA Constitution. For the sake of emphasis, I hereby reproduce the provision of paragraph 4 of Part IV of the second schedule to the NBA Constitution thus: “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.”

“There is no doubt that the office of the President, Second Vice President and General Secretary are zoned to the Northern, Eastern and Western Zones respectively. All that it left to be done is the reflection of the specific groups and/or sections within each of the Zones that should contest and hold the zoned officers in line with the micro zoning arrangement. This has not been done up till this moment although the guidelines are yet to be released.”

Berating the association for allegedly side-stepping its rules, Ojo said: “The NBA, as a professional body of lawyers, cannot continue to break its own rules and/or disregard the rule of law. You may recall that I had earlier instituted an action in Suit No FHC/CS/545/2016 (Olasupo Ojo v. Registered Trustees of Nigerian Bar Association) before the Federal High Court against the NBA Trustees in 2016 which was decided in my favour. The said Judgment invalidated the 2015 NBA Constitution under which the then NBA national leadership assumed office. Unfortunately, the Judgment of the Court was swept under the carpet and not complied with. It is that same invalidated Constitution that was amended in 2019 and further amended in 2021.”

The Bar Leader noted that he had also “objected to the registration of the NBA Constitution (as amended in 2021) by the Corporate Affairs Commission (CAC) in the manner in which it was presented by NBA on the ground that it was wrongly titled “NBA Constitution 2021” and contained sections 28 and 29 which purported to repeal the extant constitution all contrary to the resolution duly adopted and passed in 2021 at the Annual General Meeting in Port-Harcourt. CAC upheld my objection and following the success, the Constitution was corrected to properly read “The Constitution of the Nigerian Bar Association 2015 (as amended in 2021)” and the amendments were correctly reflected by the NBA as pointed out by me.”

His words: “As lawyers, we must always be seen to uphold the rule of law both in our words and actions. It is based on this same philosophy of upholding the rule of law that I deem it necessary to write to the ECNBA again in respect of the issues raised herein. I am finding it increasingly difficult to understand why an Association like NBA should find it difficult to obey its own rules. It is getting tiresome.”

CITY LAWYER recalls that the ECNBA recently issued the Preliminary Notice of Election and zoned the NBA Presidency and First Vice President to the “Northern Zone” while the Second Vice President went to the “Eastern Zone.” The post of Third Vice President and General Secretary were reserved for the “Western Zone while the other posts were not zoned to any bloc.

OLASUPO OJO_ECNBA++

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LAWYER-ACTIVIST ASK EFCC TO CHECK FLEEING OFFICE HOLDERS

Fiery lawyer and human rights activist, Mr. Maxwell Opara has urged the Economic and Financial Crimes Commission (EFCC) to issue new practice directions directing former public office holders to obtain clearance before travelling overseas.

In a letter to EFCC Chairman dated March 22, 2022 and made available to CITY LAWYER, Opara stated that “a more critical process should be put in place, through another practice direction or policy,” adding that the new directive would “serve as a deterrent against involvement in financial crimes.”

According to him, “The said policy would establish a framework whereby any elected/appointed public officer, whether enjoying immunity or not, would be required to obtain a letter of clearance from your commission upon the expiration of their tenure in order to travel abroad. This will forestall a situation where those who may be elected or appointed as such, would at the end of their tenure attempt to surreptitiously escape from the country, maybe through the borders, just to evade your commission’s watchful eyes or undermine the use of the watch list afore mentioned.”

March 22, 2022.

The Chairman,
Economic and Financial Crimes Commission
301/3012 Research and Institution Cadastral
District, Jabi, Abuja.

Sir,

RE: URGENT NEED FOR YOUR COMMISSION TO ISSUE A PRACTICE DIRECTION REQUIRING EVERY ELECTED OR APPOINTED PUBLIC OFFICER TO PROCURE A LETTER OF CLEARANCE FROM YOUR COMMISSION BEFORE TRAVELLING OUT OF THE COUNTRY AT THE EXPIRATION OF THE SAID PUBLIC OFFICER’S TENURE.

My name is Maxwell Opara, Esq. I am a Senior Legal Practitioner and a Human Rights Activist. I have over the years used the instrumentality of the Non-governmental organizations that I am associated with to campaign against corruption and bad governance in Nigeria.

Sir, I write in the afore stated capacity to first and foremost express my appreciation to the Economics and Financial Crimes Commission, under your able leadership, for the way and manner the commission’s fight against corruption and financial misappropriation has recorded tremendous successes, more especially in the area of conviction of suspects e.g corrupt political office holders.

However, I understand that a lot of work still needs to be done in order to substantially nip financial misappropriation and corruption in the board. More especially, in the facet of creating discouraging deterrents against elected/appointed public office holders who see the occupation of various public offices as a tool to embezzling public funds for their personal aggrandizement.

I am aware that your commission had devised a practice direction, wherefore elected/appointed public office holders are put on a watch list and incessantly monitored to ensure that as soon as they leave office, more so, the elected office holders that enjoy immunity, the commission can swiftly deploy the charges waiting for them and use same to facilitate their arrest and prosecution for their assorted financial crimes.

The forgoing use of watch list is commendable and has produced tremendous results for the commission in the fight against financial crimes and corruption, nevertheless, I think that a more critical process should be put in place, through another practice direction or policy, which would be made by your humble self, pursuant to your powers under the Economic and Financial Crimes Commission Act, to serve as a deterrent against involvement in financial crimes.

The said policy would establish a framework whereby any elected/appointed public officer, whether enjoying immunity or not, would be required to obtain a letter of clearance from your commission upon the expiration of their tenure in order to travel abroad. This will forestall a situation where those who may be elected or appointed as such, would at the end of their tenure attempt to surreptitiously escape from the country, maybe through the borders, just to evade your commission’s watchful eyes or undermine the use of the watch list afore mentioned.

Sir, the above recommendation is for your kind consideration and I am very ready and available to explain further on my thoughts in respect of same if the arises.

Thank you.

Yours faithfully.

…………………………………….
Maxwell C. Opara Esq. LL.M, Chrt.MC, Notary Public.

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‘NIGERIA’S LEGAL PROFESSION AT CROSS-ROADS,’ SAYS OYEBODE

World acclaimed quondam Professor of Jurisprudence and International Law at the University of Lagos, PROFESSOR AKIN OYEBODE warns that Nigeria’s legal profession is at the cross-roads. In this Keynote Address presented at the just concluded Nigerian Bar Association (NBA), Lagos Branch Law Week, the pre-eminent jurist says lawyers must be ready, willing and able to be at the vanguard of the struggle for a better society

                                                 

                                                    DEMOCRACY AND THE LEGAL ORDER: Shaping the Future
                                                                                                       By
                                                                                         AKIN OYEBODE
Introduction
The lesson of inevitability of democratic values within the legal order is not lost on any serious legal practitioner or even casual observer of goings-on in society and indeed the human destiny. Of the multifarious problems afflicting the country currently hardly is anything more benumbing than the crises and contradictions inherent in our practice of democracy vis-à-vis the legal order. The situation would have been laughable if it was not so tragic. That a country so blessed with human talents and incredible natural resources has continued to walk on its head is totally stupefying and inexplicable. However, it is appurtenant to interrogate the historical antecedents of Nigeria in order to lay bare the characteristics of the contemporary legal order and difficulty to grapple with the desiderata of modernity and progress.

The Precursors of the Nigerian State
Nigeria owes its creation to the antics of British imperialism. What is important to bear in mind is that when the British arrived in these parts, they carried along in their knapsacks English law and instrumentalities of conquest and subjugation of the restless natives. Nigeria, being one of the last territories to be colonized by the perfidious Albion, was subjected to the most distasteful aspects of race supremacist ideology of disdain and disrespect for the traditions and mores of the indigenous population. This attitude had been practiced and perfected by the British in relation to the native peoples of America and Canada, Australia and New Zealand, India, etc. This superiority complex among the English was so deeply ingrained in their psyche as the writings of Shakespeare reveal, Tempest and Othello, being notable examples. As recently as 1857, the US Supreme Court in the Dred Scot case still had the temerity to declare that the black man had no rights that the whites needed respect, more so that he was only four-fifths of a man!

Wherever the English went, he could relish in the thought, as Palmerston had intoned, that the long arm of the English law would always protect him. Indeed they refused to subject themselves to the jurisdiction of the native courts which were thought to be infra dignitatem to English law which they had transported to far-flung colonial territories as instruments of colonial hegemony and control. In Nigeria as elsewhere, they had created their own special courts applying English law and rejecting all native laws and customs as being “repugnant to natural law, equity and good conscience”, a code phrase for English law. It took the genius and courage of judges such as J.I.C. Taylor and other like-minded jurists to wean themselves off slavish adherence to English law and practice by striking blows for authenticity and independence of the Nigerian legal order, be it in relation to the rights of children born out of wedlock or the recognition of polygamy and the right to inherit as guaranteed under native law and customs. By the time Nigeria became politically independent, it had become cognizable to enlightened legal opinion that the repugnancy doctrine advocated by the British was indeed repugnant to our sense of values, propriety and cultural wholesomeness.

Democracy, Nigeria Style
It is no exaggeration to aver that in Nigeria, democracy is very much a work in progress. Having endured nearly 400 years of the slave trade and 100 years of British colonial exploitation and oppression, the Nigerian people had not been properly sensitized into the norms and practices of democratic governance. However, this is not totally unexpected of a people reared in unquestioning obedience to the whims and caprices of the traditional rulers, unelected elders and undemocratic belief systems stamped on the consciousness of the people after centuries of social conditioning and cultural manipulation.

Needless to say, the first few years of the practice of majoritarian democracy in Nigeria were marred by different military junta which had hijacked political power and held the country hostage for decades. Since militarism and democracy are odd bed-fellows, it was hardly surprising that the Nigerian militariat succeeded in arresting the country’s progress towards democracy and sought to entrench undemocratic elements within Nigeria’s political firmament. The most galling bequest of the military dictators was Decree No 24 of 1999 which it sought to pass off as the constitution of the country after its departure from the country’s political stage.

Regrettably, rather than jettisoning that evil and unbecoming instrument, the incoming civilian rulers continue to live the lie that Nigeria was operating under an autochthonous fundamental law with fraudulent claims to the effect that it originated and had the consent of the people. The ringing statement by the Patriots that the 1999 Constitution lied against itself is one not to be forgotten in a hurry. Nigerians bought for themselves a pig in poke and for as long as we refuse to consign the despicable instrument to limbo for that long would the legitimacy of the country’s highest law be a rude joke and an unacceptable assault on international best practices.

Nevertheless, the lack of a universally agreed definition of democracy may avail our unrepentant defenders of the status quo in justifying the 1999 Constitution. Yet, truth be told, the illegitimacy of the Constitution puts a big question mark on nearly everything that has happened in this country since the people in agbada replaced those wearing starched khaki uniforms. To borrow the words of Mr Justice Jackson of the US Supreme Court in describing pornography, although we might be unable to define democracy, we all know it when we see it.

Accordingly, the essential ingredients of democracy include supremacy of the law, separation of powers, checks and balances, sanctity of the ballot-box, presumption of innocence, freedom of expression, due process of law, independence of the judiciary, etc. In other words, democracy presupposes the finer elements of western liberal democracy.

So, can we really be said to be practicing democracy? Many have averred that what we actually have is a civilian dispensation while democracy would seem to be a never-never land. Except and only to the extent that we cannot practice democracy without democrats, Nigeria still has a long way to go in order to arrive at the Eldorado of democracy.

The Nature of the Nigerian Legal Order
Undoubtedly, Nigerian law and legal order are yet to shed their British complexion. As I had observed a few years ago the “anglo-Saxons,” to borrow Ayandele’s colorful expression, are in no hurry to do away with their colonial antecedents, white wigs, black gowns, quaint mannerisms, strange forms of address and all in a bid to retain the alien character and appearance of lawyers of a bygone colonial era. Unlike some erstwhile colonial territories such as the United States and Canada which had admitted novelty and reforms into their legal systems, Nigeria has stubbornly refused to alter the modalities of both its law and practice.

Yet, the efficacy of a legal order stems very much from the extent to which it has captured and reflects the mores, values and idiosyncracy of its addressees. So much we have learnt from advocates of the Historical School and lately from Thomas Friedman’s concept of legal culture. As underscored by Omoniyi Adewoye, Nigeria’s leading legal historian, the imposed British colonial law bore all the imprint of alien domination and oppression.

It is for this reason that any discussion of the Nigerian legal order must begin with a recognition of its colonial heritage and continued dependency on an alien power. Whether we speak of the legal system or legal order, we must realize that legalism bereft of a nexus with the thought processes and attitudinal chemistry of the people is of little relevance in coming to grips with the existential reality of a peripheral, dependent capitalist enclave such as ours.

If indeed we go by the dictum of a government of laws and not one of men as propounded by Chief Justice Marshall in Marbury v.Madison (1803), it would be straining logic too far to aver that Nigeria’s legal order was indeed one founded on law and due process. In a situation of an illegitimate Constitution, rancorous law-making, conflicting judicial orders, widespread disrespect for law and order, rising incidence of self-help, inability or refusal by the law-enforcement agencies to perform their duties and lack of trust and confidence by sections of the population in the state apparatus, it becomes highly problematic to envisage fidelity to law as an instrument of peace, order and good government.

In view of the foregoing, it would seem apposite to pose the question as to the potential of the legal order to shape and aid the evolution of a true democracy in Nigeria. Law being an instrument of social change, it would simply be futile to contemplate the inter-relationship of democracy and the legal order, more so in a setting as fractious as Nigeria.

The beginning of wisdom about contemporary Nigeria is that we are not yet a democracy but merely a civilian arrangement. Accordingly, we need to embark on a transition from civil rule to a full-fledged democratic society in order to take full advantage of government of the people, by the people and for the people. It is only by so doing that we can conceive an effective role for the legal order. To the extent that a legal order presupposes concomitants of democracy, to that extent would it be illusory to attempt to move Nigeria to another level through the instrumentality of the legal order. The coterminous nature of both democracy and the legal order is such that one cannot be pursued without the other. Legalism unaccompanied by the benefits and allure of democratic values is apt to result in outright fascism and blind adherence to the wiles of dictators and undemocratic forces. Therefore, a way has to be found to convince Nigerians on the desideratum of democracy as an integral part of the quest for an effective legal order.

Pursuant to this, lawyers must be ready, willing and able to be at the vanguard of the struggle for a better society. We should always remember that V. I. Lenin, Fidel Castro and Nelson Mandela were lawyers who stood on the barricade of the liberation struggle of their people. Our lawyers should, therefore, make a conscious choice to depart from self-seeking, self-serving and self-conceited motives in favour of ideals that would ensure life more abundant for the preponderant majority of our people. Only thus can the profession attract greater understanding, relevance and empathy among compatriots.

The legal profession is today at a cross-roads. With a multiplicity of problems afflicting law and the legal order, lawyers must rise up to the occasion by bringing to bear their special and unique knowledge of the workings of the legal system on ways and means of restoring hope, trust and confidence among the people generally. Since popular acceptability appears to be the touchstone of democracy and good governance, no effort should be spared toward being harnessed in steering the legal order along the path of consolidating democratic values, otherwise, yearnings for a better society might end up being really little more than a pie in the sky.

Concluding Remarks
We are living in a world earnestly yearning for a better society. How this is to be achieved presents some difficulty. To many, democracy presents a most viable mechanism for attaining this objective. The situation in Nigeria is complicated somewhat by the deformed state of its democracy as well as the overarching colonial coloration of its legal order.
The task of shedding its colonial heritage is no less daunting than that of the legal system as focus for widening the democratic impetus in Nigeria’s trajectory to a higher level of social organization. Since democracy is irretrievably intertwined with a functioning legal order, it stands to reason that creating a viable society is a laudable goal worth pursuing.
It remains for me to express sincere appreciation to the Lagos Branch of the NBA for enabling me to share with you my thoughts on democracy and the legal order and to wish you all a successful annual law week.

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LAW WEEK/SUMMIT: TAIDI HAILS NBA LAGOS, PH YOUNG LAWYERS

Former Nigerian Bar Association (NBA) General Secretary, Mr. Jonathan Taidi has lauded NBA Lagos Branch on its 2022 Law Week.

Saying that the Law Week “is coming at a critical period in our nation’s history when law and order have become anathema and lawlessness threatens our very existence, with no hope in sight,” the Bar Leader stated that “the choice of the theme and the timing of discussions around it is inspired and commendable and it is my fervent hope that these discussions around legal order by the NBA Lagos Branch will in no small measure reorient our attitude concerning the preservation of our hard earned democracy.”

In a statement made available to CITY LAWYER, Taidi, who is believed to be eyeing the NBA Presidency, stated that the Law Week “is particularly remarkable for the extraordinary contribution it promises not only to the legal community, but the nation at large.

“As a people thirsty for an enduring solution to the challenges bedevelling our democracy, we anxiously await the outcome of this discourse even as I congratulate the executives and the Law Week Planning Committee in advance for a law week like no other.”

In a similar goodwill message to NBA Port Harcourt Branch Young Lawyers Forum on the occasion of its 2022 Summit, Taidi stated that “The choice of the theme is a demonstration of the commitment of the executives and the Summit Planning Committee to the vital role of technology and law in bringing about good governance which has eluded our nation for so long.

“I therefore charge all participants at this epoch and historic event to critically examine the impediments to our efforts at achieving good governance – which is our only guarantee for a bright future.”

The theme of the summit is “Governance, Technology and Law”.

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GADZAMA LAUDS NBA LAGOS, KANO, YOUNG LAWYERS ON LAW WEEK, SUMMIT

The Chairman of the Nigerian Bar Association (NBA) Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN has felicitated with NBA Lagos and Kano branches on their Law Week programmes. The chartered arbitrator also commended Young Lawyers Forum Owerri Branch on their 2022 Summit which held between March 17 and March 19, 2022.

The leading litigator said of his sojourn in Lagos: “Nostalgically, I recall how I started my Lagos office as far back as 1996 at No. 10, Ribadu Road, Ikoyi which eventually gave birth to the Abuja Office in the year 2000 where I was elected chairman of the Unity Bar in 2004 and grew up to be the Pioneer Chairman of NBA-SPIDEL in 2006.”

He added: “I remain eternally grateful to the Premier Branch of Nigeria’s Commercial Headquarters for grooming me to be their Ambassador at the administrative Headquarters of our beloved country.”
Below are the texts of the goodwill messages.

GOODWILL MESSAGE TO NBA LAGOS BRANCH

It is with great pleasure that I congratulate the executives and members of the Nigerian Bar Association Lagos Branch as she holds her 2022 Law Week Celebration from Friday, 18th March to Friday, 25th March, 2022.

Nostalgically, I recall how I started my Lagos office as far back as 1996 at no 10, Ribadu Road, Ikoyi which eventually gave birth to the Abuja Office in the year 2000 where I was elected chairman of the Unity Bar in 2004 and grew up to be the Pioneer Chairman of NBA-SPIDEL in 2006. I remain eternally grateful to the Premier Branch of Nigeria’s Commercial Headquarters for grooming me to be their Ambassador at the administrative Headquarters of our beloved country.

I must sincerely commend the initiative of the organizers of this event for the choice of theme: “Democracy and Legal Order: Shaping the Future” which I consider apt. The need for a true democracy is an issue that remains perpetually centric to the growth of any given society. The judiciary should be independent of the other arms of government to effectively deliver its delicate task of administering justice. Indeed, the preservation of our democracy is fundamental to the sustenance of our legal profession and the Nation, Nigeria. What better way can the future be shaped? I believe that as a united front, we can secure the future of our legal practice and Nigeria by advocating for the supremacy of our laws and the equality of all men before the law.

I urge my colleagues to participate effectively, cross-fertilize ideas whilst addressing issues that affect distinguished members of this great branch by contributing your quota to the promotion and development of your branch, legal practice and Nigeria as a whole. Whilst wishing you a fruitful weeklong celebration, please be assured of my best wishes and support, always.

Thank you and God bless.

GOODWILL MESSAGE TO NBA KANO BRANCH

It is with great pleasure that I congratulate the executives and members of the Nigerian Bar Association Kano Branch as she holds her Law Week scheduled to hold from Saturday, 19th March to Tuesday, 22nd March, 2022.

I must sincerely commend the initiative of the organizers of this auspicious event for the choice of theme: “LEGAL PRACTICE AT CROSSROADS: CHALLENGES OF LAWYERING IN THE FACE OF NIGERIA’S CURRENT POLITICAL AND ECONOMIC CLIMATE” which I consider apt as the impact of our noble profession in the political and economical spheres of our great Country, Nigeria cannot be overemphasized.

To the awardees on the Dinner, I say a big Congratulations! to you on your meritorious award for your ceaseless support and contribution towards the development and promotion of your admirable branch. I implore you to keep it up and remain true ambassadors of your branch and the legal profession.

Whilst wishing you a wonderful celebration at your programmes and a splendid dinner, please be assured of my best wishes and support, always.

Thank you and God bless.

GOODWILL MESSAGE TO NBA-YLF OWERRI BRANCH

It is with great pleasure that I congratulate the executives and members of the Nigerian Bar Association Young Lawyers Forum Owerri Branch as she holds her 2022 Summit scheduled to hold from Thursday, March 17 to Saturday, March 19, 2022.

It is worrisome and my heart bleeds that many of our young lawyers are not breaking even today as opportunities at the Corporate Affairs Commission (CAC), Courts, and Land Registries, to mention but a few, are no longer available like in the past. We must as a matter of urgency address these critical issues if we desire a robust practice and better future for our young lawyers and mentees.

I must sincerely commend the initiative of the organizers of this auspicious event for the choice of theme: “Yesterday, Today and the Future of the Legal Profession in Nigeria” which I consider apt as the future of the legal profession very much rests in the hand of the Young lawyers.

To the awardees of the Dinner, I say a big Congratulations! to you on your meritorious award for your ceaseless support and contribution towards the development and promotion of young lawyers in the branch. I implore you to keep it up and remain true ambassadors of your branch and the legal profession.

Whilst wishing you a successful programme and a splendid dinner, please be assured of my best wishes and support, always.

Thank you and God bless.

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JUSTICE OGUNTADE JOINS ‘SOLAR FOR ALL’ LEAGUE

FEATURED

NBA Lagos Partnership: Oguntade JSC (Rtrd) joins the Elite list of beneficiaries, in the “Solar For All” Promo; (in Partnership with NBA BRANCHES, BOSAN Abuja, Otu Oka-iwu Abuja, Medical Doctors at FMC Cooperative, F.C.T Pharmacies, NFIU Cooperative Society, Unilag College of Medicine Alumni e.t.c)

“To get an efficient Solar/Inverter system for 24hours Light, save at least half of your current power cost, while you “Pay Small small” for up to Six Months; Call Bricks and Castles Energy-Tech Ltd: 08050489622, whatsapp:08060266163

Visit: (Abuja) Suite A8, Kenuj O2 Mall, Kaura District (Behind Games Village).
(Lagos) No 113A, Mainland Way, Dolphin Estate, Ikoyi.

As power situation Nationwide continues to be a matter of concern and price of Diesel keeps skyrocketing, efficient Solar Systems have proven a big relief for many homes/offices.

The Company was at the Lagos home of one of Nigeria’s foremost Supreme Court Jurist where it installed a Giant 5KVA Inverter System, with 8 biggest size Tubular Batteries, 16 German Solar Panels (300watts), 96v MPPT CHARGE CONTROLLER and other accessories to power all other essentials in the home.

This ensures 24 Hours Power supply and a reduced power cost by at least 50%.

The Oguntade family expressed a great pleasure in the services of the company, while urging everyone to embrace solar to save huge costs.

Other beneficiaries from whom the efficiency of delivery can be verified include: High Chief Emeka J-P Obegolu SAN, Chief J-K Gadzama SAN; Mr.Chinedu Obienu Esq, Chief Bolaji Ayorinde SAN; Chief Mutalubi ADEBAYO Ojo Esq; Mrs Stella Ofokansi Esq, Chief Mrs Lydia Udowa, Mazi Afam Osigwe SAN; Prince Adetosoye Adebiyi Esq; Mr.Paul Daudu Esq of J.B Daudu SAN & Co; Mr. Benedict Daudu Esq his brother; Chief Peter ILEGOGIE ESQ; Chief Peter Ozoagu Esq, Aare Muyiwa Akinboro SAN, Aare Isiaka Olagunju SAN, Dr. Babatunde Ajibade SAN of S.P.A Ajibade SAN & Co; FIDA Nigeria (FIDA House Abuja) Prince Adetokumbo Kayode SAN; Mrs. Amina Agbaje Esq (FIDA Nigeria CVP); Dr. Mrs Ayorinde of Ayorinde SAN & Co; Mrs. Mariam Agbabokha; Barr. Mrs Rachel Ebun Akerele; Mr Anthony Malik SAN; Chief Tawo E.Tawo SAN; Chief Kemi Pinheiro SAN; Mr. I.M Dikko SAN of Liman, Liman SAN & Co; Hon. Justice Emeka Nriezedi of the Anambra State Judiciary; Dr.Hassan Liman SAN; Chief J.U.K Igwe SAN; Mr. Chike Ekeocha, Esq. of Alex Izinyon SAN & Co/SUEX Nig. Ltd; Mummy Sylvia Okoregbe Esq; John Ochogwu, Esq; Hon. Rodrich UgwuEsq; Prof. Godson Ogbonna of Abia State University Uturu; Sir Austin Mwana Esq; Mr.Thony Lyiod Onyemaizu Esq, Dr. Agada Elachi Esq; Mr. Zach Akubo of S.I Ameh SAN & Co; Mr. Ime Edem-nse Esq; Mr. Edafe Mrakpor Esq; the Federal Ministry of Agriculture and Rural Development, the Ebedebiri Cottage Hospital, Sagbama L.G.A Bayelsa State; the Federal College of Education Warri; the Nigerian Agricultural Seeds Council, the Institute Of Chartered Mediators and Conciliators of Nigeria[ICMC, Chief R.N Okeke and sons Ltd Wukari, Taraba State, Alhaji Abdulrahman Adamu of the Trademoore Estate; among many others.

Some of the benefits of Solar/Inverters include:
*Solar is cheaper at long-run!

*24hours Power Supply for homes/offices

* Your current Power cost will drop by at least 50% after we install.

*No noise!

*No Pollution!

*Automatic change over!

*No fueling

*25years warranty on the German Solar panels.

* In case of any issue with the Inverter Machine, another Inverter is deployed before we take the one that needs attention for troubleshooting/repairs.

“To get an efficient Solar/Inverter system for 24hours Light, while you “Pay Small small” for up to Six Months; Call Bricks and Castles Energy-Tech Ltd: 08050489622, 08060266163

Visit: (Abuja) Suit A8 Kenuj O2 Mall Kaura District Abuja (Behind Games Village).
(Lagos) No 113A, Mainland Way, Dolphin Estate, Ikoyi.
[5/18, 8:47 AM] Emeka Silas Agbara Esq: NBA Abuja Partnership: Chief Okey Ajunwa Esq joins the Elite list of beneficiaries, in the “Solar For All” Promo; (in Partnership with NBA BRANCHES, BOSAN Abuja, Otu Oka-iwu Abuja, Medical Doctors at FMC Cooperative, F.C.T Pharmacies, NFIU Cooperative Society, Unilag College of Medicine Alumni e.t.c)

As power situation Nationwide continues to be a matter of concern and price of Diesel keeps skyrocketing, efficient Solar Systems have proven a big relief for many homes/offices.

To get an efficient Solar/Inverter system for 24hours Light, save up to 50% Power cost; while you “Pay Small small” for up to Six Months; Call Bricks and Castles Energy-Tech Ltd: 08050489622, 08060266163
Visit: (Abuja) Suit A8 Kenuj O2 Mall Kaura District Abuja (Behind Games Village).
(Lagos) No 113A, Mainland Way, Dolphin Estate, Ikoyi https://barristerng.com/nba-abuja-partnership-chief-okey-ajunwa-esq-joins-the-elite-list-of-beneficiaries-in-the-solar-for-all-promo/

NBA Abuja Partnership: Chief Okey Ajunwa Esq joins the Elite list of beneficiaries, in the “Solar For All” Promo – BarristerNG.com

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JUSTICE ODILI: ‘WHY I DID NOT INDICT MALAMI,’ BY UBANI

Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL) Chairman, Dr. Monday Ubani has revealed why he did not indict Attorney General and Minister of Justice, Mr. Abubakar Malami SAN over the invasion of Supreme Court jurist, Justice Mary Odili’s residence.

CITY LAWYER recalls that Ubani was appointed by NBA President, Mr. Olumide Akpata as a “Special Investigator” to unravel the circumstances surrounding the invasion of Odili’s premises by persons suspected to be security operatives.

In his report to an Emergency Meeting of NBA National Executive Council (NBA-NEC), Ubani narrated how he grilled the justice minister over the matter, adding however that he could not use “tainted” evidence to indict the nation’s chief law officer.

His words: “The truth of the matter is that all accusing fingers initially pointed at the Minister when the invasion occurred, moreso as the news media reported that the culprits were from the Federal Ministry of Justice. This notion becomes more compelling when it is realized that the Honourable Attorney General admitted that he authorized the invasion of judges’ homes in 2016. It was argued that if he authorised the invasion of 2016, then he must have authorised this latest raid by persons allegedly linked to the Ministry of Justice which he heads. The Minister therefore needed to offer elaborate explanation to exculpate himself and his office from the latest invasion.

“The Honourable Attorney General started by stating that there is a unit in his ministry called Asset Tracing, Recovery and Management Committee established sometime in 2019 pursuant to the Asset Tracing, Recovery and Management Committee Regulation 2019. It is an inter-ministerial committee comprising of representatives from ministries, departments and agencies of Government. The committee coordinates the asset recovery and management system on properties of the Federal Government of Nigeria both locally and internationally. If the committee receives any information about illicit property or money of the Federal Government hidden anywhere, the Ministry will forward the information to the appropriate security agencies or law firms to handle. The committee, according to him, does not on its own handle any sting operation. He therefore disassociated the Ministry from any alleged Ghost Account, Local Whistle-blower, Joint Panel Recovery Unit or similar name the perpetrators may have called themselves.

“Mr. Malami also denied signing the Identity card of the said CSP Lawrence Ajodo. He stated that the Identity cards of those who work in the Ministry of Justice are signed by the Director of Human Resources or his delegate and not by him. He denied that any unit in his ministry work with the Nigerian Police officers especially in the way and manner the present invasion took place. He denied knowing Lawrence Ajodo or having any private or official dealings with him. He challenged Lawrence Ajodo to produce any letter given to him officially either by himself or any of his subordinates to carry out any official duty on the Ministry’s behalf.”

Passing his verdict, the NBA-SPIDEL helmsman said that Ajodo’s testimony was unreliable in many respects, adding: “Having arrived at this conclusion, it will be untenable to use his tainted and mostly oral evidence to implicate anyone without any corresponding documentary evidence.”

Ubani also exonerated the under-fire Chief Magistrate Emmanuel Iyanna who signed the controversial search warrant, adding that the jurist took rigorous steps to document the procedures leading to the grant of the warrant, aside from immediately annulling it when Ajodo failed to return to regularize the documents.

His words: “There is perhaps no way the learned Chief Magistrate could have deciphered the alleged criminal intent of the deponent, same having been concealed from him. When the Chief Magistrate’s eyes were opened to the nefarious intent of the invaders, they refused to honour his invitation to clarify the issue of conflicting addresses. They proceeded to carry out their intended action even when the search warrant had been revoked. The revocation on record was done the same day, signifying promptness in addressing the grave error His Honour committed in signing a search warrant with vague details.

“The legal implication of executing a revoked search warrant and a search warrant on a property different from the address on record should be a culpability attributable to those who executed it and not to the person that issued and signed it, moreso when the issuer discovered his own mistake and took immediate steps to correct it.”

Ubani therefore recommended that “The Chief Magistrate should be cautioned to be more circumspect whenever signing processes that may be subjected to abuse. There were red flags inherent in the affidavit and inconsistencies that should have put him on enquiry and made him to be a bit more careful before signing the Search Warrant.”

The senior lawyer stated that “pure greed” was at the heart of the invasion, noting that “Mr. Lawrence Ajodo got an unverified information that large sums of money – perhaps in billions of Naira – were at No. 9 Imo Street, Maitama, Abuja. To make the story palatable, they informed Mr. Ajodo that the whistle-blower had gotten an affidavit backed with EFCC, sworn to at the High Court of FCT, Abuja. Mr. Umar Ibrahim was introduced to Mr. Lawrence Ajodo, the ‘hitman’ who obviously was known in the circle of whistle-blowers. He took over from there and became the kingpin.”

The Nigeria Police has charged several suspects to court over the invasion.

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NBA LAGOS LAW WEEK: OYEBODE DELIVERS KEYNOTE ADDRESS TODAY

Renowned professor of jurisprudence and international law, Professor Akin Oyebode will today deliver the keynote address at the eagerly awaited Opening Ceremony of the Nigerian Bar Association (NBA), Lagos Branch Law Week.

The Law Week kicked off last Friday with a jumat service for Muslim faithful as well as a Thanksgiving Service at Good News Baptist Church, Surulere, Lagos, setting the stage for today’s opening ceremony. This year’s Law Week has as its theme, “Democracy and Legal Order: Shaping the Future.”

Speaking at a press conference to herald the Law Week, the Chairman of the Law Week Committee, Mr. Wale Adesokan (SAN) said the programme would explore the need for deliberate action in utilising Nigeria’s democracy and the law in shaping the future that Nigerians desire. He added that the event would emphasize the consequences of inaction in the face of ills plaguing the polity.

His words: “This year’s Lagos Law Week comes against the backdrop of Nigeria’s multifaceted crisis and the resulting mounting pressure that threatens the future of the country. By leading this discourse, NBA Lagos Branch seeks to chart a new course for the redemption of the nation’s legal system and the freedom that citizens should enjoy in a democratic nation.

“It is a chance to listen, contribute, learn, unlearn and relearn, as we all work towards building a working system and a free world, in the most relaxing and comfortable environments.”

Speaking on the eight plenary sessions slated for the Law Week, the Branch Chairman, Mr. Ikechukwu Uwanna said: “To set the tone for the most important event of our legal year is the unveiling of our plenary sessions. Spread out over a period of two days, March 21 and 22, our plenary sessions will explore the role of good governance and legal order in curbing societal ills that threaten to define and shape the future of our country, explore the role of the private sector in ensuring accountability in governance and contributing to good governance, touch on the adequacy of the current fiscal arrangement within Nigeria and examine impediments to the actualisation of Nigeria’s full potential as an investment destination.

“It would also examine the introduction of more practical aspects to the study of Law in tertiary institutions, discuss the alternative business rescue options introduced by the 2020 CAMA and the challenges being faced in implementing them; explore the leveraging of technology to increase efficiency in case scheduling and management; and most importantly, the role of the judiciary, legislature, and the executive in the forthcoming 2023 elections.”

The plenary session will feature NBA Trustee, Dr. Olisa Agbakoba (SAN); Chief Judge of Lagos State, Justice Kazeem Alogba and the Chief Executive of Financial Derivatives, Mr. Bismarck Rewane. They will speak on the “Role of the Private Sector in National Development.”

CITY LAWYER gathered that Goodwill Messages will be received from the Governor of Lagos State, Mr. Babatunde Sanwo-Olu; Speaker of the Lagos State House of Assembly, Hon. Mudashiru Obasa, and the NBA President, Mr. Olumide Akpata.

Scheduled to run from March 18 to 25, 2022 the Law Week will also witness visits to Ikoyi Correctional Centre and the Macy Children Centre, Lagos where donations would be made to the facilities. A Health Walk is also billed as part of the Law Week.

Before his retirement, Professor Oyebode served as an erudite Professor of International Law and Jurisprudence at the University of Lagos (UNILAG).

In 1967, he left Nigeria to study International Law at Kiev State University, Ukraine where he secured an LLB and an LLM with the highest distinction. He returned to Nigeria in 1973 to begin his career as a Graduate Assistant Lecturer at UNILAG. 1n 1975, he obtained another LLM from Harvard Law School, Cambridge.

He subsequently enrolled at Osgoode Hall Law School, York University, Toronto, Canada, the largest and leading law school in Canada, earning a Doctor of Jurisprudence (D.Jur.) in 1988, having specialised on the Law of Treaties.

In 1991, Professor Oyebode was appointed Professor of Law and founding Dean of the Faculty of Law of then Ondo State University, a position he held until 1997 when he returned to the University of Lagos.

Two years later, he was invited back to be pioneer Vice-Chancellor of the University of Ado-Ekiti. Upon completion of his term in 2004, he once again returned to the University of Lagos, where he occupied the Chair of International Law and Jurisprudence. It was from there that he retired with an unblemished record.

Oyebode has 7 books and over 200 learned papers to his credit. He has been an assessor for professorial appointments and external examiner to many universities at home and abroad. He is a member of numerous notable organisations.

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NIGERIAN LAW SCHOOL PORT HARCOURT GETS DDG

The Council of Legal Education (CLE), the proprietor of the Nigeria Law School, has appointed a Deputy Director-General (DDG) to head its newly created campus at Port Harcourt, Rivers State.

The new appointee is Mr.  Chinonso Uzodinma  Mmuozoba, a renowned author, teacher and current Director of Academics at Bwari campus of the institution.

CITY LAWYER gathered that the Council at its recent meeting presided over by its Chairman and respected Bar Leader, Chief Emeka Ngige (SAN) “unanimously approved the recommendation of Prof.  Isa Chiroma led management that Mr. Mmuozoba be appointed as a DDG and posted to Graham Douglas campus.”

The multi-billion naira Port Harcourt campus with state-of-the-art facilities is named after late Dr. Nabo Graham Douglas (SAN) and is being constructed by Rivers State Government under the leadership of Governor Nyesom Wike, a Life Bencher. The commissioning of the campus is projected to hold in June.

CITY LAWYER gathered that construction work at the campus is ongoing on a 24-hourly basis and has reached advanced stage. When commissioned, about 1500 Bar Part II students for the 2022/2023 academic session  would be posted to the brand new campus.

Mmuozoba, reputed as a Bar-man par excellence, was admitted to the Nigerian Bar in 1995. He was a member of the Continuing Legal Education Committee of the Nigerian Bar Association (NBA), Awka Branch. He joined the Nigeria Law School in 2001 and has held the positions of Director and Head of Academics, Dr. Augustine Nnamani Campus, Enugu as well as Head, Department of Civil Litigation, Professional Ethics & Legal Skills, Corporate Law Practice respectively.

The erudite law teacher popularly called ‘Onyenkuzi Mmuozoba’ is married with children.

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  • Comments Off on NBA ELECTION 2022 TO GULP N35 MILLION

NBA ELECTION 2022 TO GULP N35 MILLION

The Nigerian Bar Association National Executive Council (NBA-NEC) has approved about N34.878 million for the conduct of this year’s National Officers Election.

This is a fallout of a painstaking review of the proposed interim budget submitted by the Electoral Committee of the NBA (ECNBA) led by respected senior lawyer, Mr. Richard Akintunde SAN.

The NBA-NEC had deferred the budget review from its quarterly meeting held on February 23, 2022 to yesterday’s Emergency Meeting to enable a thorough review of the proposed budget by members.

CITY LAWYER gathered that a constitutional crisis may have been averted by the passage of the budget, as today was the last day for the electoral umpire to issue the Preliminary Notice of Election in accordance with the amended constitution.

A source who is familiar with the matter told CITY LAWYER that N4 million was shaved off the proposed budget as the electoral committee had secured a temporary office for N1 million at the Abuja Chamber of Commerce and Industry as against the earlier N5 million proposed for that purpose. The source also said that the NBA leadership is rehabilitating its old secretariat where the ECNBA will use as its permanent operational base.

While N4,044,000 was approved as office and administrative expenses, N2,760,000 was approved for ECNBA’s voter education/sensitization outreach. CITY LAWYER gathered that this will be held in clusters in the three zones, with branches invited to the clusters nearest to them for the exercise.

N17,978,000 and $15,000 were approved for the all-important “Technical/ICT” component of the assignment, while N3,871,300 was approved for office equipment such as laptops, photocopying machines, printers and projectors.

CITY LAWYER gathered from an unimpeachable source that the current framework is a departure from the last election when the electoral umpire did not have control of its budget and expenditure.

Asked about the total cost of the previous exercise, a key member of that committee said: “That is something I cannot confirm. The NBA paid directly for everything that was done during the elections. ECNBA members did not sign any cheques but only received individually what they required to carry out their duties and their approved allowances.

“Service providers were all paid by the NBA. As such, it is the NBA that can answer questions as to expenditure for the elections, not the ECNBA. The sums we received individually are on record, so it is only for those we can individually account.”

While a source told CITY LAWYER that NBA will continue to pay vendors as ECNBA does not have legal personality,  analysts believe that the arm’s length relationship between the ECNBA and the NBA leadership will foster greater independence for the electoral umpire and promote free and fair election come July 2022.

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ELECTION: ECNBA CLEARS AIR ON ZONING, TAIDI HAILS UMPIRE

The Electoral Committee of the Nigerian Bar Association (ECNBA) has laid to rest the controversy on the zoning arrangement for this year’s National Officers Election.

Meanwhile, former NBA General Secretary, Mr. Jonathan Gunu Taidi who is believed to be eyeing the post of NBA President has hailed the electoral body for striving to abide by the constitutional timelines set for the election.

Taidi told CITY LAWYER that “The ECNBA Chairman informed NBA Emergency NEC (meeting) that today was the final day to issue this notice. It is a welcome development that the ECNBA promised to keep to timeliness which is part of the integrity of the electoral process.”

CITY LAWYER recalls that former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo had petitioned the committee, seeking clarification on the zoning formula to be adopted for the election. Specifically, he sought an interpretation of the import of section 9(3) of the NBA Constitution and paragraphs 2.2(b) & 2.2(d) of the Second Schedule on the election.

The ECNBA had side stepped the enquiry, noting that “The duties of the ECNBA are governed by the statutory instruments of the Nigerian Bar Association (NBA) and does not, regrettably at the moment, extend to providing advisory opinions.”

But the ECNBA has now put the matter to rest, especially as it concerns the NBA presidential election. While some pro Chief Joe-Kyari Gadzama SAN persons had canvassed that the presidential slot should be restricted to candidates from the North East, the ECNBA has declared that all aspirants from the Northern Zone are eligible to gun for the coveted seat. This has given a fillip to the alleged quest by NBA Welfare Committee Chairman, Mr. Yakubu Maikyau SAN and former NBA General Secretary, Mr. Jonathan Taidi to clinch the post.

In a Preliminary Notice of Election dated March 17, 2020 and signed by the committee Chairman, Mr. Richard Akintunde SAN and Secretary, Ms. Mabel Ekeke, the ECNBA listed the “offices for which eligible members or candidates may contest on the basis of rotation among the three (3) geographical zones stipulated in Part IV (1),(2),(3),(4) &(5), Second Schedule of the Constitution of the NBA, 2015 as amended in 2021, (the Constitution), as well as the qualifications for the offices listed at Section 9(3) of the Constitution.”

Stating that the zone to produce the President is the “Northern Zone,” the committee also stated that the aspirant must be “A full member of the Association in private legal practice; with not less than 15 years post-call and not less than 2 years as a member of the National Executive Council (previously known as the National Executive Committee) (“NEC”) at the time of nomination.”

While the post of First Vice President was also zoned to the Northern Zone, the posts of Second Vice President and Third Vice President were zoned to Eastern Zone and Western Zone respectively. The post of General Secretary also went to Western Zone.

However, the posts of Treasurer, Welfare Secretary, Publicity Secretary as well as Assistant General Secretary and Assistant Publicity Secretary were not restricted to any zone.

Meanwhile, election of NBA Representatives to the General Council of the Bar will run alongside the National Officers Election, even as the ECNBA has stated that “Pursuant to Part V (2), Second Schedule of the Constitution, the zoning principle contained in the Constitution shall apply in the election of NBA Representatives to the General Council of the Bar, such that each zone shall produce not less than six (6) Representatives to the Council.”

According to ECNBA, “Nomination Forms for election of National Officers of the NBA and/or election of NBA Representatives to the General Council of the Bar, shall be available for collection at the ECNBA Secretariat, 1st Floor, Abuja Chamber of Commerce and Industry, Abuja Trade & Convention Centre, KM 8 Umaru Musa Yar’adua Express Way, (Airport Road), Abuja. The forms can also be downloaded online from the NBA website: www.nigerianbar.org.ng or the ECNBA website: www.ecnba.ng from 08:00 hours, Monday, 21 March 2022. Submission of completed Nomination Forms and accompanying documents shall CLOSE at 16:00 hours on Friday, 15 April 2022.”

ECNBA Preliminary Notice

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DETAINED LAWYER WRITES NBA, DEMANDS WRITTEN APOLOGY FROM POLICE CHIEF

Hapless senior lawyer who was detained by a senior police officer for ‘coming late to an appointment’ has demanded a written apology from the police chief.

CITY LAWYER had reported that under-fire Commissioner of Police in-charge of Force Intelligence Bureau (FIB) Annex, Lagos, Mr. Salisu Gyadi Gyadi had apologized to Odukale for his detention alongside his client.

But in a letter Odukale made available to CITY LAWYER addressed to Chief Joe-Kyari Gadzama SAN, Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Odukale stated that only a written apology will fully assuage his hurt.

While thanking the committee “for its timely intervention and solid support over this unfortunate incident within hours of receiving the complaint,” Odukale noted that “The Commissioner of Police, Mr. Salisu GyadiGyadi has personally reached out and apologized to me. I accept this gesture in this spirit of peace and reconciliation.”

In the letter dated March 16, 2022 and titled “RE: MY ILLEGAL DETENTION,” Odukale warned that “to avert a recurrence and for the protection of lawyers, I would also like a written apology from the Commissioner of Police to me, my client and all lawyers and the Association. Injury to one is injury to all.”

CITY LAWYER recalls that Odukale was detained on the orders of Gyadi for allegedly coming late to a scheduled meeting to resolve a charge of “threat to life” arising from a matrimonial dispute.

The 57-year-old senior lawyer, who was admitted to the Bar 31 years ago, stated that following former DIG Taiwo Lakanu’s intervention, Gyadi had called him severally to apologize for the debacle, saying that he was “surprised and worried when I heard about your detention by my officers.”

The police chief stated that he came to grip with the full picture of the matter during a “marathon party interview,” adding that “our main aim is to see that the parties settled.” He expressed a desire to meet with the senior lawyer “one on one” to “dialogue” with him and personally apologize over the debacle.

Odukale had thanked CITY LAWYER for putting a spotlight on his plight, saying that many lawyers and non-lawyers had called to sympathize with him. “I am happy that as a result of the report, NBA finally rose to the occasion,” said Odukale.

Odukale had told CITY LAWYER that his ordeal started when he accompanied his client to a meeting with Gyadi, adding that immediately the duo entered the meeting room, Gyadi said he would “personally sign” their detention order for coming late to the meeting.

He said that the matter revolved around a domestic violence complaint incidented by his client at the Domestic and Sexual Violence Response Team (DSVRT), adding that the team referred the matter to the Adeniji Adele Police Station. He stated that a police team from the station visited the suspect, and that the suspect turned around to levy a charge that he and his client brought “thugs” to threaten him. Odukale added that “threat to life” is not an offence known to Nigeria’s jurisprudence.

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RPC: MALAMI ASKS COURT TO DISMISS NBA’S SUIT

• SAYS BAR COUNCIL RATIFIED RPC

Attorney General and Minister of Justice, Mr. Abubakar Malami SAN has asked the Federal High Court to dismiss a suit brought by the Nigerian Bar Association to annul the amended Rules of Professional Conduct for Legal Practitioners (RPC).

Malami has also told the court that the Bar Council held a meeting to ratify the controversial RPC, CITY LAWYER can exclusively report.

CITY LAWYER recalls that the Nigerian Bar Association had through the Chief Ferdinand Orbih SAN-led NBA Section on Legal Practice (NBA-SLP), dragged the Attorney General to court via an originating summons dated 17th January, 2022 and filed on 24th January, 2022 alleging that Malami unilaterally amended the RPC without due process of law.

The Attorney-General argued that the NBA lacked the locus standi to institute the action, urging the court to dismiss the plaintiff’s claim “for failure to comply with the Evidence act and lacks (sic) locus standi to institute it.”

In a counter-affidavit obtained by CITY LAWYER and deposed by one Oni Michael, a Litigation Officer in the Civil Litigation and Public Law Department, Office of the Attorney-General of the Federation, he stated “That members of the General Council of the Bar were invited for the meeting which was held.”

Restating this point in the written address, the defendant said: “My Lord, we submit that an invitation has (sic) been sent to all members of the General Council of the Bar and some have (sic) attended the meeting. Subsequently any decision arrived at the meeting where a member is voluntarily absent is binding on all members as the quorum was provided in subsection 4 of section 1 of the LPA. We urge my lord to so hold.”

Continuing, the deponent stated that Malami “did that which he is statutorily empowered to do strictly within the confines of the Law as the Chief Law Officer of the Federation and the President of the General Council of the Bar.”

He restated that “a meeting (of the Bar Council) was called and members of the Council were duly notified and present in same.”

Malami argued that he is “statutorily empowered to improve the professionalism of legal practice in Nigeria,” adding that “The Plaintiff is bringing this action based on mere speculation and hearsay as he (NBA) is not a member of the General Council of the Bar.”

In the written address in opposition to the plaintiff’s originating summons, Malami argued that “The plaintiff commences this suit without averting his mind to the fact that he is not a member of the General Council of the Bar and as such cannot challenge what they deliberate on in their meetings and whatsoever he said amounts to hearsay and the Plaintiff has no Locus to institute this action.”

The matter, INCORPORATED TRUSTEES OF THE NBA VS ATTORNEY GENERAL OF THE FEDERATION has also been assigned Suit Number FHC/ABJ/CS/77/2022 and slated for March 24 by Justice Donatus Okorowo of the Federal High Court, Abuja.

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UMAHI: COURT SHOULD DECLARE ME EBONYI GOVERNOR – SENATOR OGBUOJI

All Progressives Congress (APC) candidate in the last Ebonyi State Governorship Election, Senator Sunday Ogbuoji has declared his intention to head to court to challenge the court’s verdict that the Peoples Democratic Party (PDP) should nominate a replacement for embattled Governor Dave Umahi.

Justice Inyang Ekwo of the Federal High Court had sacked Umahi on the basis that he decamped to the APC from the platform upon which he won the election.

But Ogbuoji argues that he is the rightful person to take the mantle of leadership in Ebonyi State as the runner-up in the gubernatorial election.

In a press statement made available to CITY LAWYER, the former senator stated that he “had expected that, in line with our laws, only persons who participated in the said 2019 Governorship election in Ebonyi State are capable of being declared substitutes in a case as the one at hand.”

According to him, “The order that PDP should whimsically nominate ‘anyone’ to replace Governor Umahi who left the PDP was one that I am not in agreement with. My reason is simple – Hon. Iduma Igariwey never participated in the gubernatorial election in 2019. He vied for and won election for the House of Representatives to represent Afikpo North and Afikpo South Federal constituency. Therefore, he is incapable of being nominated to replace a Governor.”

Ogbuoji noted that he had instituted a similar action at the Ebonyi State High Court “but was, unfortunately, unable to get a favorable outcome thereat. However, with the turn of event to my favour at the Federal High Court Abuja, I was, once again, surprised at the consequential order made by my Lord of the Federal High Court, Abuja.”

According to the former gubernatorial candidate, “Section 33 of the Electoral Act, 2022 is the nearest law that draws our attention to what should be done in a situation where the General Election is yet to be held. The section requires that a political party can substitute its candidate in cases of death or withdrawal by holden a fresh primary election within 14 days from the date of such death or withdrawal.”

He stated that “in this case, the general election had been concluded with a winner and the first runner up. I emerged the runner up in that election. Therefore, if for any reason the PDP or its candidate Gov. Umahi are incapable of continuing in the office of Governor and a need to replace them arises, it is only proper that the first runner up in the election is the most legally qualified person to be named as a replacement. I hold this strong view because it is the people’s votes for both the party and its candidate that confers the authority to govern and if the votes of a particular party and candidate is no longer reliable, then the next legitimate votes are those of the first runner up.”

He vowed to approach the Court of Appeal to claim his mandate, saying: “In the light of the above brief statement, I am notifying the nation that I have instructed my lawyer to file application before the Court of Appeal in Abuja and the FHC (where a motion for stay of execution is pending) to be joined in the suits so as to ensure that all the issues are resolved adequately in line with our laws.

“My most earnest desire is the good of Ebonyi State and our people. I will continue to stand for justice and fairness to all.”

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POWER OUTAGE: SOLAR COMPANY TO THE RESCUE

A leading solar company, Bricks and Castles Energy-Tech Limited has urged Nigerians to embrace solar as an electricity source especially in light of continued collapse of the national grid.

Worried that many households have been thrown into darkness due to the persisting outage, the solar company stated that solar power “is a veritable and efficient power source that also aligns with clean energy.”

Said the company: “To get an efficient Solar/Inverter system for 24 hours Light, save at least half of your current power cost, while you ‘Pay Small small’ for up to Six Months, call Bricks and Castles Energy-Tech Ltd: 08050489622, 08060266163.

Among the elite list of Partners of the “Solar For All” Promo are the Alumni Association of UNILAG COLLEGE OF MEDICINE (CLASS 76 & 79), NBA Lagos Branch,  BOSAN Abuja, Otu Oka-iwu Abuja, NBA Kano Branch, NBA Gwagwalada Branch,  Medical Doctors at FMC Cooperative, and F. C. T. Pharmacies among others.

According to the company, among the leading lawyers already enjoying the services of the company are Chief Emeka Ngige SAN, Mazi Afam Osigwe SAN, Chief Tawo Tawo SAN, Chief Emeka Obegolu SAN, Sir Chike Ekeocha of Alex Izinyon SAN & Co/SUEX Nig.Ltd, Hon. Rodrich Ugwu, Chief Nic Omeye, and Mr. Ken Ugwuanyi.

Other beneficiaries from whom the efficiency of delivery can be verified, according to Bricks and Castles, include Chief J-K Gadzama SAN, Prince Adetosoye Adebiyi, Mr. Paul Daudu, Chief Peter Ilegogie, Aare Muyiwa Akinboro SAN, Aare Isiaka Olagunju SAN, Dr. Babatunde Ajibade SAN of SPA Ajibade SAN & Co, FIDA Nigeria (FIDA House Abuja), Prince Adetokunbo Kayode SAN, Mrs. Amina Agbaje (FIDA Nigeria CVP), Dr. Mrs Ayorinde of Ayorinde SAN & Co, Mrs. Mariam Agbabokha; Barr. Mrs. Rachel Ebun Akerele; Mr. Anthony Malik SAN, Chief Kemi Pinheiro SAN, Mr. I. M. Dikko SAN of Liman, Liman SAN & Co; Hon. Justice Emeka Nriezedi of the Anambra State Judiciary; Dr. Hassan Liman SAN, Chief J. U. K Igwe SAN, Mummy Sylvia Okoregbe, John Ochogwu Esq., Prof. Godson Ogbonna of Abia State University Uturu, Sir Austin Mwana, Mr. Thony Lyiod Onyemaizu, Dr. Agada Elachi, Mr. Zach Akubo of S. I. Ameh SAN & Co., Mr. Ime Edem-nse; Mr. Edafe Mrakpor, Federal Ministry of Agriculture and Rural Development, Ebedebiri Cottage Hospital of Sagbama LGA of Bayelsa State, Federal College of Education Warri, Nigerian Agricultural Seeds Council, Institute of Chartered Mediators and Conciliators of Nigeria (ICMC), Chief R. N. Okeke and Sons Ltd of Wukari in Taraba State, and Alhaji Abdulrahman Adamu of the Trademoore Estate.

Other reputable organisations with whom the company has a thriving partnership include NBA Abuja, NBA Lagos, Body of Senior Advocates of Nigeria (BOSAN) Abuja, Otu Oka-Iwu Abuja, NFIU Cooperative Society, NBA Kano Branch, NBA Gwagwalada Branch, Medical Doctors at FMC Cooperative, and FCT Pharmacies among others.

Said the company: “In case of any issue with the Inverter Machine, another Inverter is deployed before we take the one that needs attention for troubleshooting/repairs.”

Visit: (Abuja) Suit A8, Kenuj O2 Mall, Kaura District Abuja (behind Games Village). Lagos: No 113A, Mainland Way, Dolphin Estate, Ikoyi.

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‘INTERIM ORDER AGAINST REMOVAL OF UMAHI CANNOT STAND’

In this article, AKINTAYO BALOGUN, an Abuja based lawyer, asserts that there are several issues plaguing the legality and/or sustainability of the order of an Abakaliki High Court directing that Ebonyi State Governor Dave Umahi and his deputy must not be removed from office

On 10th March 2022, we were greeted with an Order granted Ex-parte (without hearing the other side), by a High Court of Justice sitting in Abakiliki, Ebonyi State (curiously filed just on 9th March 2022), wherein the Honourable Court in Suit No. HAB/13/2022 and vide Motion No: HAB/135M/2022, granted the prayers of the Defendants/Applicant as follows:

An interim order of this Honourable Court for seven days (7 days) (subject to renewal) is hereby granted, in view of its judgment in Suit No. HAB/13/2022 delivered on 28th day of February, 2022, being a judgment in rem, and having precedence over any subsequent contrary judgment. The Applicants hereto, Engr. David Nweze Umahi and Dr. Eric Kelechi Igwe shall accordingly remain and not be removed from office as governor and deputy governor of Ebonyi State respectively

It is easily deducible that this Ex-parte Order was made by the Ebonyi State High Court, following the judgment of the Federal High Court sitting in Abuja which had on the 8th Of March, 2022, declared the seat of the Governor, Deputy Governor, and 17 members of the House of Assembly vacant, following their defection to the All progressive Congress from the Peoples Democratic Party, a party under which they had been sponsored and elected to fill the various political seats in Ebonyi State. The Governor had informed a crowd the day after the judgment was delivered that he had hired a team of 17 SANs to prosecute an Appeal against the Judgement of the Federal High Court. However, while the said Appeal is believed to have been commenced, the same Engr. David Nweze Umahi and Dr. Eric Kelechi Igwe, addressed as Defendants/Applicants went gone back to the Ebonyi State High Court which had earlier on delivered a divergent Judgement to that of the Federal High Court, to seek and obtain the above-quoted reliefs, vide an Ex-parte application. We note that it is the same Suit Number that is contained in the heading of the instant Ex-parte Order that is also contained in the Judgement that had been earlier delivered on the 28th Day of February 2022 as stated in the Order. This means that it is one and the same suit where judgment had been earlier delivered that this Ex-parte Order is also being made and granted.

Several issues as to the legality and/or sustainability of the said Order have reason among pundits. We shall discuss these issues under the following subheads/issues for determination.

  1. Whether or not the Court ordinarily has not become functus officio upon the delivery of the judgment.
  2. Whether the Order made by the court does not amount to sitting on Appeal on its own judgment.
  3. Whether the Order made does not amount to a stay of execution of the Judgement of the Federal High Court sitting in Abuja
  4. Whether the declaration “An interim order of this Honourable Court for seven days (7 days) (subject to renewal ) is hereby granted, in view of its judgment in Suit No. HAB/13/2022 delivered on 28th day of February 2022, being a judgment in rem, and having precedence over any subsequent contrary judgment” does not amount to an attempt to oust the jurisdiction of any other court including a higher court.
  1. Whether the Court ordinarily has not become functus officio upon the delivery of the judgment.

It is a notorious fact that once a judgment is delivered, the Court becomes functus officio (that is, it has no power whatsoever to say or do anything in respect of the decision already made). They ordinarily have no powers to do or say anything in respect of the case again except to entertain certain applications as applicable under the rules of the honourable court.

Functus Officio was defined in the case of Buhari Vs INEC & Ors (2008) LPELR – 814 SC, where the Supreme Court held that a task performed; having fulfilled the function, discharged the office, or accomplished the purpose, and therefore of no further or authority. In the case of Chief Ozo Nwankwo Alor & Anor. Vs Christopher Ngene & Ors (2007) LPELR – 431 (SC); (2007) 17 NWLR (Pt.1062) 163, the Supreme Court said of functus officio: “A final order envisages that it is a permanent order made by the Court and the parties in respect of whom or against whom the order is made, cannot go back to the same Court to challenge or change that order. That Court, by virtue of the order, is functus officio and the only option open to the parties is by way of appeal against the order. This means that the rights of the parties have been determined to finality, and they cannot go back to the same Court on those rights.

It is an undebatable fact that the State High Court in Ebonyi which had earlier delivered a judgment in the same suit with Suit No HAB/13/2022, constituting the same parties, have become functus Officio, immediately upon the delivery of its judgment on the 28th of February 2022. The court has no business whatsoever in respect of the suit except to conduct a garnishee proceeding in respect of the monetary aspect of the judgment or to hear an application for stay of execution of the judgment. It is respectfully submitted that whatever statement, Order, or instruction, given by the same court, which are not contained in the type as envisaged under the rules of the honourable court are to all intents and purposes invalid and the court should immediately set it aside when it has the opportunity to do so. In this instant case, the final judgment was delivered on 28th February 2022. The court had no business whatsoever hearing any application that seeks to reinforce its earlier judgment. The judgment is already in force. What then necessitated this fresh order from a court when nothing has arisen within its ranks to change its judgment is still a thing of concern? As a matter of fact, the Ex-parte Order which seeks to reinforce the judgment the Ebonyi High court had earlier delivered, has no place in law. It is strange and unknown to the practice of law. 

  1. Whether the Order made by the court does not amount to sitting on Appeal on its own judgement.

The decision of the Ebonyi State High Court to make an Order reinforcing its earlier decision or making any pronouncement whatsoever in respect of an already decided case is the same as a court sitting on appeal over its own decision, whether in making a contrary statement or in reinforcing its judgment. The new Order made by the court will now open a flood gate of applications and submissions and room for a fresh argument on an already decided action. This ought not to be. The Court of Appeal held in thus case of EDO STATE HOUSE OF ASSEMBLY & ORS v. AGBEBAKU CITATION: (2018) LPELR-45056(CA)

“The general position of the law is that a Court cannot set aside its decision or the decision of a Court of coordinate jurisdiction made on the merits. However the Court has inherent power to set aside its decision when same are later found to be a nullity, obtained by fraud or mistakenly given under the impression of parties’ consent. That power does not extend to a Court sitting on appeal over its own decisions.

The Order of the Ebonyi State High Court under review does not seek to nullify its judgment, nor does the issue of fraud or mistaken impression arise. There is no basis for the said Order. The Court most respectfully has taken a decision to sit on Appeal over its own decision. What business has a court that has delivered judgment in favour of a particular party have in delivering another Ex-parte Order to reinforce its judgment?

  1. Whether the Order made does not amount to a stay of execution of the Judgement of the Federal High Court sitting in Abuja

As earlier stated, it is easily deducible that this Ex-parte Order was given since there is a divergent judgment coming from the Federal High Court, sitting in Abuja. Now the Court in Abakiliki held thus:

“The Applicants hereto, Engr. David Nweze Umahi and Dr. Eric Kelechi Igwe shall accordingly remain and not be removed from office as governor and deputy governor of Ebonyi State respectively”

This Order is a direct contrast and opposite to the Order of the Federal High Court in Abuja which had held that the as governor and deputy governor of Ebonyi State, having defected from the party on which platform they won the election, are deemed to have resigned their offices. The court in Abuja further ordered the Independent National Electoral Commission (INEC) to accept from PDP names of its members to replace the governor and deputy governor of Ebonyi State to serve out the remaining part of their tenure or, alternative, conduct a fresh election to replace the governor and deputy governor of Ebonyi State. Until there is an Order for a stay of execution of this judgment, issued by the very court that delivered the judgment or by a higher court, this judgment remains the law that ought to be obeyed. In the practice of law in Nigeria, an application to stay the execution of a judgment, is usually made to the same court that had earlier delivered the judgment. This is why the application is made simply by filing a motion and not an Originating process. Another court with coordinate jurisdiction, cannot order parties to directly disobey a judgment of a court, and worst still after judgment had been delivered on both sides.  See Order 31 Rule of the Federal High Court Civil procedure Rules 2019. See also Order 54 Rule 1 of the Ebonyi State High Court Civil Procedure Rules 2008.

A State High Court, making an order that technically stays the execution of the judgment of a Federal High Court is a strange practice, unknown to law and unpracticable. 

  1. Whether the declaration “An interim order of this Honourable Court for seven days (7 days) (subject to renewal ) is hereby granted, in view of its judgment in Suit No. HAB/13/2022 delivered on 28th day of February, 2022, being a judgment in rem, and having precedence over any subsequent contrary judgment” does not amount to an attempt to oust the jurisdiction of any other court including a higher court.

We respectfully submit that simply stating that the Ex-parte order of this Ebonyi State High Court has precedence over any subsequent contrary judgment” without specifically stating which court it has precedence over is an attempt by the court to oust the jurisdiction of any other court, INCLUDING a superior court. Ordinarily, the only court that can set aside this instant order, is the Court that granted it based on certain grounds or a higher court. However, stating plainly that this Ex-parte Order of the Ebonyi State High Court has precedence over any subsequent contrary judgment automatically means that whoever gives a contrary judgment, ruling or opinion, whether a lower court, court of coordinate jurisdiction or a higher court, same is invalid and should be discountenanced. This we most respectfully submit is an enormous gaffe from the State High Court. How do you use such an Order to oust any other subsequent Order or judgment, without specifying or limiting who the subsequent Order is coming from? What makes the judgment have precedence over any subsequent contrary judgment? The use of the phrase “any other subsequent Order” is too wide, too lose, and dangerous.

Conclusion

We must state with the utmost respect to the Counsel and to the court that the processes filed before the Ebonyi State High Court that had earlier delivered a judgment, amounts to an abuse of court process and same must be disconnected from the practice of law in Nigeria. The Court cannot afford to continually receive, produce or argue documents that are unknown to the practice of law in Nigeria.

The courts must do all that is necessary to protect its integrity and appellation with jealousy. The courts cannot allow themselves to be tossed around like a game of chess or allow themselves to be controlled by the winds of time. It is popularly said that whenever a matter is brought before a court of competent jurisdiction for determination, it is not the parties that are on trial but the judiciary. The judiciary must always come out with its head up high. Additionally, legal practitioners should endeavour to advise their clients appropriately and not to allow the desperation of litigants and especially politicians to determine their line and style of practice. Within a few years, the politicians you see today will be gone or would have lost political relevance, but the legal profession spans an entire lifetime. The few pleasures and earnings of the moment should not be allowed to put an indelible stain on the profession. I hope the judiciary can retrace its steps on this issue.

Akintayo Balogun Esq., LL.B (Hons), BL, LL.M, is a legal practitioner based in Abuja, FCT. akinson6@gmail.com.

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CITY LAWYER cannot guarantee the completeness, accuracy of the data and content of the website, nor that it is up to date at all times. CITY LAWYER accepts no liability for any direct or indirect damage of any kind whatsoever that arises from, or is in any way related to the use of the website or its accessibility or lack thereof. The assertions and opinions expressed in articles, announcements and/or news on this website reflect the views of the author(s) and do not (necessarily) reflect the views of the webmaster, the internet provider or CITY LAWYER. CITY LAWYER can in no way whatsoever be held responsible for the content of such views nor can it be held liable for any direct or indirect damage that may arise from such views. CITY LAWYER neither guarantees nor supports any product or service mentioned on this website, nor does it warrant any assertions made by the manufacturers or promoters of such products or services. Users of this website are always recommended to obtain independent information and/or to perform independent research before using the information acquired via this website.

 

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WHY FEDERAL HIGH COURT LACKS POWER TO REMOVE UMAHI

MR. JOHN COLLINS NWOBODO, an Enugu based lawyer, argues in this piece that while the Federal High Court by section 272 (3) of the Constitution of Nigeria (as amended) has jurisdiction to hear and determine the question as to whether the term of office of a Governor or Deputy Governor has ceased or become vacant, that jurisdiction is not at large but only relates to the recognized grounds for their removal 

LEGAL EXPLORATION OF THE UNTENABILITY OF THE FEDERAL HIGH COURT JUDGMENT REMOVING THE GOVERNOR AND DEPUTY GOVERNOR OF EBONYI STATE FROM OFFICE

Introduction
On Tuesday, 8 March 2022, the Federal High Court Abuja presided over by Honourable Justice Inyang Ekwo while delivering judgment in Suit Number FHC/ABJ/CS/920/2022 instituted by the Peoples Democratic Party ordered the sack of the Engineer David Nweze Umahi and Dr. Eric Kelechi Igwe, Governor and Deputy Governor of Ebonyi State respectively.

The reason for the court’s decision is premised on the court’s understanding that votes garnered during elections belong to the Political Party that sponsored the candidate citing section 221 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). In the court’s view, since the Governor and his Deputy had defected from the Political Party through which they came into office, they cannot lawfully transfer the votes obtained under the platform of the PDP to the APC, their new political abode. The said provision of section 221 of the Constitution cannot by any stretch of imagination be interpreted to mean that votes scored in an election belong to Political Parties. The section merely states that only Political Parties can canvass for votes for any candidate in an election. To canvass simply means to ask for or seek support. The language of the Constitution is so clear and unmistaken that the role of the Political Party is to ask for votes on behalf of its candidate. A benefit obtained on behalf of someone indeed belongs to the person on whose behalf it is solicited and not otherwise.

Germane to the issue under discourse is the question whether the office of Governor or Deputy Governor of a State becomes vacant upon the defection of the holder of the office from the Political Party on whose platform he was elected. Put differently, can the Governor or Deputy Governor be removed from office on the ground of defection?

The above formulated question will be answered by an exploration of the law on how, when and circumstances under which an elected executive political office holder- President, Vice President, Governor, Deputy Governor can be removed or may cease to hold office.

Grounds for vacation of office or cessation of office under the Constitution
Under the Constitution, the office of the President, Vice President, Governor and Deputy Governor will become vacant under the following circumstances:

(a) Succession
(b) Death
(c) Resignation
(d) Impeachment
(e) Permanent incapacity
(See generally, sections 135, 143, 144 in respect of President and Vice President; 180, 188, 189 in respect of Governor and Deputy Governor).

From the above provision, defection is not one of the grounds for the Governor or his Deputy to vacate office. This issue came up for determination in the Supreme Court in the case of Attorney General of the Federation & 2 Ors. v Atiku Abubakar & 3 Ors (2007) 10 NWLR (Pt 1041) 1 wherein the Supreme Court categorically stated: “The power to remove the President and Vice President is provided for in section 143 of the Constitution. The provision clearly gives the role of removing the two public officers to the National Assembly….The Constitution has not conferred on the court the power to declare the office of the holder of the two offices vacant for whatever reason. Section 146 of the Constitution relied on does not confer such power on the Court….What section 146(3)(c) provides for is that where the office of the Vice President becomes vacant ‘for any reason’, the President shall nominate a new person, with the approval of each House of the National Assembly to fill the vacancy. The subsection does not confer any role on the Court in the process.” Section 191 (3) is the equivalent provision to section 146 in relation to the office of the Governor and Deputy Governor and the interpretation given to section 146(3)(c) applies mutatis mutanda to section 191(3).

Defection not a ground for a Governor or Deputy Governor to vacate office
Under the Constitution, defection as a ground to lose an elective political office applies only to members of legislative houses- Senate, House of Representatives and House of Assembly of a State. See section 68(1)(g) of the Constitution in the case of a member of the National Assembly and section 109(1)(g) in the case of member of the House of Assembly. In Abegunde v Ondo State House of Assembly & Ors (2015 8 NWLR (Pt 1461) 314 at 320 ratio 1, the Supreme Court held under section 68(1) of the 1999, where a person whose election to the legislative house was sponsored by a political party, becomes a member of another political party before the expiration of the period for which that house was elected, he would have to lose his seat in that house. But under the proviso to the said section, if his membership of the new political party occurred because there was division in the political party which sponsored him and as a result he joined the new political party he does not lose his seat.

From the foregoing, it is clear that the Constitution did not intend that an elected executive political office holder will lose his position on the ground of defection. The Supreme Court in Jev v Iyortom (2015) 15 NWLR (Pt 1483) 484 at 497 ratio 8 stated that the express and unambiguous mention of one thing in a statutory provision automatically excludes any other which otherwise would have applied by implication with regard to the same subject matter. Had the framers of the Constitution intended that defection shall be a ground for vacation of office by elected executive political holders they would have provided so in clear terms.

The legal proposition that votes belong to Political Party no longer the law
Again, let us re-examine the reason, on which the Court’s decision was based, that is, that votes garnered during election belong to political parties and not the candidate. This is in fact no longer the law. The often quoted case of Amaechi v INEC (2008) 5 NWLR (Pt 1080) in support of the proposition that votes belong to the political parties no longer stands. In Ozomgbachi v Amadi (2018) 17 NWLR (Pt 1647 171 at 174 ratio 6, the Supreme Court emphatically held that it is individuals, as candidates, who contest and win elections. Also, in CPC v Ombugadu (2013) 18 NWLR (Pt 1385) 66 at 78, 79 ratio 6, the Supreme Court held: “…While a candidate at an election must be sponsored by a Political Party, the candidate who stands to win or lose the election is the candidate and not the political party that sponsored him. In other words, political parties do not contest, win or lose election directly; they do so by the candidates they sponsored…”

Two other instances in addition to the ones earlier mentioned which may give rise to the removal of an elected executive political office holder are:

(1) Through a pre-election case instituted within 14 days of the occurrence of the event. See section 285 (9) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). However, the question may be asked did the suit which culminated in the orders made by the court a pre-election matter as defined by section 285 (14) of the Constitution (as amended). It is obviously not.

(2) Through an election petition complaining of an undue election or undue return. This is also not the case here.

Granted that the Federal High Court by section 272 (3) of the Constitution of Nigeria (as amended) has jurisdiction to hear and determine the question as to whether the term of office of…a Governor or Deputy Governor has ceased or become vacant, that jurisdiction is only in relation to the recognized grounds as already highlighted and does not extend to defection.

Impropriety of the Order Made
Another major flaw in the decision of the Court relates to the nature of order(s) granted. Assuming that defection is a ground to vacate office which is not though, the court lacked the jurisdiction to order the Peoples Democratic Party to submit a name of its candidate to INEC. In the circumstance where the offices of the Governor and Deputy Governor are vacant at the same time, the Speaker of the House of Assembly is the appropriate person to hold the office pending the conduct of fresh election. See section 191(2) of the Constitution (as amended).

Immunity not a bar when the issue touches on whether the office of a Governor or Deputy Governor has ceased or become vacant
One other point worth addressing before I end this discourse is the issue of whether the Governor can be sued in the context of the question of whether his office has become vacant. Learned Senior Advocate, Chief Mike Ozekhome, in his commentary titled, “Neither A Governor Nor Deputy Governor Can Be Removed From Office By A Court of Law For Defecting From His Political Party To Another” raised the question “Could the Governor and His Deputy Have Been Sued in the First Case?” and surmised that no civil or criminal proceedings could ever sustain against the Governor and Deputy Governor while still holding office citing in support the cases of Tinubu v IMB Securities PLC (2001) LPELR-3248 (SC); I.C.S (Nig.) Ltd v Balton B.V. (2003) 8 NWLR (Pt 822) 223; Fabunmi v IGP & Anor (no citation supplied) and Global Excellence Communications Ltd & ors v Donald Duke (2007) LPELR-1323 (SC). I strongly disagree with the Learned Senior Advocate’s viewpoint. The defence of immunity does not avail a Governor or Deputy Governor when the question borders on whether the term of office of a Governor or Deputy Governor has ceased or become vacant. This is because the Federal High Court is imbued or clothed with jurisdiction to hear and determine the question as to whether the term of office of…a Governor or Deputy Governor has ceased or become vacant by virtue of section 272 (3) of the Constitution of Nigeria (as amended).

John Collins Nwobodo Esq. LL.B, BL, LL.M
Enugu based Legal Practitioner

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DETENTION: POLICE CHIEF BEGS LAWYER, GADZAMA C’TE INTERVENES

Under-fire Commissioner of Police in-charge of Force Intelligence Bureau (FIB) Annex, Lagos, Mr. Salisu Gyadi Gyadi has apologized to senior lawyer, Mr. Ayodeji Odukale for his detention alongside his client.

CITY LAWYER had yesterday reported that Odukale was detained on the orders of Gyadi for allegedly coming late to a scheduled meeting to resolve a charge of “threat to life” arising from a matrimonial dispute.

Following the CITY LAWYER report, the Chief Joe-Kyari Gadzama SAN-led Nigerian Bar Association (NBA) Security Agencies Relations Committee (NBA-SARC) has waded into the matter.

Odukale told CITY LAWYER that Gadzama had telephoned him and asked him to write formally to the committee stating his grievances and demands, adding that the NBA-SARC also dispatched respected former Deputy Inspector General of Police Taiwo Lakanu to investigate the matter.

The senior lawyer, who was admitted to the Bar 31 years ago, stated that following Lakanu’s intervention, Gyadi had called him severally to apologize for the debacle, saying that he was “surprised and worried when I heard about your detention by my officers.”

The police chief stated that he came to grip with the full picture of the matter during a “marathon party interview,” adding that “our main aim is to see that the parties settled.” He expressed a desire to meet with the senior lawyer “one on one” to “dialogue” with him and personally apologize over the debacle.

Odukale thanked CITY LAWYER for putting a spotlight on his plight, saying that many lawyers and non-lawyers had called to sympathize with him. “I am happy that as a result of the report, NBA finally rose to the occasion,” said Odukale.

He stated that while he had acknowledged Gyadi’s remorseful posture, he was in the process of writing formally to NBA “to ensure that the apology is formalized and secure assurances that no lawyer or citizen for that matter will suffer the same fate that befell me and my client.”

Odukale had told CITY LAWYER that his ordeal started when he accompanied his client to a meeting with Gyadi, adding that immediately the duo entered the meeting room, Gyadi said he would “personally sign” their detention order for coming late to the meeting.

In a post he made on a lawyers’ platform, the senior lawyer said: “Good evening colleagues, I want to bring an unfortunate incident to our attention especially as there is a meeting tomorrow (today). I went for a meeting with a victim of domestic violence to meet with the commissioner of Police Force Intelligence Bureau, Kam Salem building, Obalende on Wednesday. The commissioner said we came late for the meeting and ordered that we be detained at Alagbon. Because you normally drop your phone before entering, l left my phone in the car. As a result, I could not communicate with the outside world. Somehow, I managed to get information across to my wife who tweeted NBA Lagos and NBA National. Unfortunately, to the best of my knowledge, till today there has been no response from the NBA. It seems the NBA cares little about members in distress and this arbitrary use of power. What if we had a medical situation warranting administration of medicine every hour? So NBA would now rush and come and pay condolence visit?”

He said that the matter revolved around a domestic violence complaint incidented by his client at the Domestic and Sexual Violence Response Team (DSVRT), adding that the team referred the matter to the Adeniji Adele Police Station. He stated that a police team from the station visited the suspect, and that the suspect turned around to levy a charge that he and his client brought “thugs” to threaten him. Odukale added that “threat to life” is not an offence known to Nigeria’s jurisprudence.

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LAGOS LAW FIRM NEEDS LITIGATION LAWYER

A reputable law firm based in central Lagos requires urgently the services of a legal practitioner with 4-8 years post-call experience.

The ideal candidate must possess litigation experience and should be able to work without supervision.

The salary is competitive and in accordance with industry standards.

Interested candidates should email legaljobs77@gmail.com.

CLOSING DATE: Friday, March 18, 2022.

Please note that only shortlisted applicants will be contacted.

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POLICE DETAIN SENIOR LAWYER FOR ‘LATENESS’, GADZAMA VOWS TO WADE IN

A 57-year-old senior lawyer, Mr. Ayodeji Odukale has been detained at Force Criminal Investigation Bureau, Alagbon, Lagos for allegedly coming late to an appointment with the police.

Odukale, who was admitted to the Nigerian Bar 31 years ago, told CITY LAWYER that he was detained overnight in a cell without food or medical attention on the order of Mr. Salisu Gyadi Gyadi, Commissioner of Police, Force Intelligence Bureau (FIB) Annex, Lagos.

According to Odukale, Gyadi ordered his detention alongside his client on the ground that they “kept him waiting” and came late to a meeting over an allegation of threat to life brought by a complainant.

He told CITY LAWYER that his ordeal started when he accompanied his client to the meeting, adding that immediately the duo entered the meeting room, Gyadi said he would “personally sign” their detention order for coming late to the meeting. He said that the police chief did not allow them to speak.

In a post he made on a lawyers’ platform, the senior lawyer said: “Good evening colleagues, I want to bring an unfortunate incident to our attention especially as there is a meeting tomorrow (today). I went for a meeting with a victim of domestic violence to meet with the commissioner of Police Force Intelligence Bureau, Kam Salem building, Obalende on Wednesday. The commissioner said we came late for the meeting and ordered that we be detained at Alagbon. Because you normally drop your phone before entering, l left my phone in the car. As a result, I could not communicate with the outside world. Somehow, I managed to get information across to my wife who tweeted NBA Lagos and NBA National. Unfortunately, to the best of my knowledge, till today there has been no response from the NBA. It seems the NBA cares little about members in distress and this arbitrary use of power. What if we had a medical situation warranting administration of medicine every hour? So NBA would now rush and come and pay condolence visit?”

He said that the matter turned on a domestic violence complaint incidented by his client at the Domestic and Sexual Violence Response Team (DSVRT), adding that the team referred the matter to the Adeniji Adele Police Station. He stated that a police team from the station visited the suspect, and that the suspect turned around to levy a charge that he and his client brought “thugs” to threaten him. Odukale added that “threat to life” is not an offence known to Nigeria’s jurisprudence.

Odukale told CITY LAWYER that he and his client were detained at Force Headquarters Annex, Alagbon from Wednesday evening until Thursday afternoon when his family made frantic efforts to secure his release.

Asked whether he posted bail before his release, he said: “No; nothing like that. The CP just ordered our release, saying that it was a civil matter between husband and wife! It means I was detained for nothing. That is why NBA absolutely needs to make a statement on this matter to say that you do not detain people for nothing. That they invested an officer with power to detain citizens does not mean it should be deployed arbitrarily. What is more, I came innocently to the station even without an invitation. I was not aware of any time set for the meeting. I could have died from the shock of my detention or had a stroke. I was dumped there without anyone even bothering to know whether I was dead or alive. In fact, the operatives at Alagbon told me that the detention order was signed in red ink, saying that it was an indication that the signatory wanted us to be dumped in the worst of the dungeons!”

Responding to the charge of neglect by NBA, the Chairman of the NBA Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN told CITY LAWYER that he was not aware of the matter. His words: “I have been away to Katsina and unreachable because of bad weather and network. I’m on transit now. We have all shared responsibility as (NBA-SARC) committee members. I can’t remember seeing his message. Text me his number and one of our committee members will get across to him.”

Though CITY LAWYER contacted Mr. Olumuyiwa Adejobi, the Acting Police Public Relations Officer (PPRO) on the matter, he was yet to respond at press time.

Copyright 2022 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.

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AKPATA IMPLEMENTS NEW CONSTITUTION, SETS UP DIASPORA FORUM

Barely 48 hours after CITY LAWYER broke the news of approval of the Nigerian Bar Association (NBA) amended Constitution by the Corporate Affairs Commission (CAC), the NBA leadership under Mr. Olumide Akpata has commenced implementation of the new constitution.

In a press statement made available to CITY LAWYER by NBA Publicity Secretary, Dr. Rapulu Nduka, the association stated that “The forum is to serve as a platform to connect and provide a voice for all persons qualified to practice law in Nigeria, but resident outside Nigeria.”

The statement added that “This forum will also serve as a structured platform through which all lawyers in the diaspora may contribute their quota – individually and collectively – to the development of the Nigerian Bar, the Nigerian legal system, and the practice of law in Nigeria.”

Section 4 of the amended constitution provides that “There shall be three categories of membership: Full Membership, Honorary Membership, and International Membership.” Section 4(3) further provides that “Any person who is called to the bar or qualified to practice as a lawyer in any jurisdiction other than Nigeria may apply to be admitted as an international member of the Association upon the payment of a prescribed subscription fee.”

The full text of the press statement reads:

NBA ESTABLISHES LAWYERS IN DIASPORA FORUM (LDF)

Dear Colleague,

Recall that one of the innovations in the recently amended NBA Constitution 2021, is the establishment of a Lawyers in Diaspora Forum (LDF). The forum is to serve as a platform to connect and provide a voice for all persons qualified to practice law in Nigeria, but resident outside Nigeria. This forum will also serve as a structured platform through which all lawyers in the diaspora may contribute their quota – individually and collectively – to the development of the Nigerian Bar, the Nigerian legal system, and the practice of law in Nigeria.

To join this forum, a prospective member must (i) be qualified to practice law in Nigeria; (ii) belong to a branch of the NBA; (iii) have paid his/her Bar Practice Fees; and (iv) be resident outside Nigeria. Anyone who meets these requirements is urged to kindly complete the attached form –
https://forms.gle/FduB6ACviQCRcYz76

Kindly note that the personal data provided while completing this form will be used strictly by the NBA to maintain a central register for NBA lawyers in the diaspora and for communicating directly with its members on matters relating to the NBA generally, or to the forum specifically.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

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