EGBE AMOFIN BACKS OLANIPEKUN, WARNS OF ‘ETHNIC AGENDA’

The umbrella union of Yoruba lawyers, Egbe Amofin O’odua has thrown its weight behind embattled Chairman of the Body of Benchers (BoB), Chief Wole Olanipekun SAN.

In a statement made available to CITY LAWYER and signed by the Chairman of its Governing Council, Mr. Isiaka Abiola Olagunju SAN, Egbe Amofin, otherwise called the Yoruba Lawyers Forum, described as “unwarranted” the call for Olanipekun to recuse himself from the seat over alleged professional misconduct by Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co.

Describing itself as “the foremost body of Yoruba lawyers association in the country,” Egbe Amofin stated that there is “the apparent underlining witch hunt and delibrate (sic) attempt to smear the name of Chief Wole Olanipekun, SAN by subjecting him to a calculated public opinion trial.”

The association recalled “that the agitation to subvert the established and settled procedure for the elevation to the Chairman of the Body of Benchers which favoured Chief Wole Olanipekun, SAN was attempted by some senior lawyers.”

Continuing, Egbe Amofin stated that “but for the principled, objective and pure professional stand taken by some prominent Lawyers and respected Justices on this issue, we would have been tempted to believe that the initial opposition to Chief Wole Olanipekun, SAN becoming the Chairman of the Body of Benchers and this unjustified call for him to step down as the Chairman of the Body of Benchers is an ethnic agenda.”

It wondered why there is a clamour for Olanipekun to step aside “for the alleged misconduct of another in the face of the provisions of Sections 2 (1) and 24 of the Legal Practitioners Act which had been interpreted to draw a distinction between a law firm and the individual Legal Practitioner making up the law firm?”

The association stated that though the Legal Practitioners’ Disciplinary Committee is a committee of the Body of Benchers, “it is however an independent standing Committee whose Chairman and members had been appointed before Chief Wole Olanipekun, SAN became the Chairman of the Body of Benchers,” adding that its decision or direction “is not in anyway subject to the control or influence of the Body of Benchers. Appeal against the decision or direction of Legal Practitioners’ Disciplinary Committee goes to the Supreme Court and not the Body of Benchers.”

Stating that the matter “is now subjudice and should not be subjected to further public commentary,” the resurgent regional bloc warned that “The Legal Practitioners Disciplinary Committee should be allowed to do its job.”

Egbe Amofin urged stakeholders to desist from media trial, adding that “Those trying to pull down Chief Wole Olanipekun, SAN should realize that in reality, they are casting serious aspersions on the Legal Practitioners’ Disciplinary Committee by sending a wrong signal that the Committee cannot be trusted to take fair, independent and honest decisions or directions on disciplinary matters that come before it. This is no doubt a vote of no confidence on the membership of the committee.”

CITY LAWYER had in an exclusive report cited a complaint by former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN over an email from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, allegedly soliciting to take over a brief his law firm was handling from his client, SAIPEM SPA. Following his demand for an apology, Wole Olanipekun & Co apologized for the debacle and disowned the Partner.

Below is the full text of the statement.

THE MEDIA TRIAL OF CHIEF WOLE OLANIPEKUN SAN AND MS. ADEKUNBI OGUNDE: DESECRATION OF SACRED CARDINAL RULES OF JUSTICE AND FAIR HEARING.

The attention of the Governing Council of Egbe Amofin O’odua: (The Yoruba Lawyers’ Forum) has been drawn to the calls on Chief Wole Olanipekun, SAN to recuse himself as the Chairman of Body of Benchers by some commentators and groups in the Legal profession.

As the foremost body of Yoruba Lawyers association in the country, we have refrained from talking to the press or making any official statement on the unwarranted call by some members of our common platform, Nigerian Bar Association, on Chief Wole Olanipekun, SAN to step down as Chairman of Body of Benchers for the alleged infraction of our Rules of Professional Conduct by a Partner in his Law Firm. This is even with the apparent underlining witch hunt and delibrate attempt to smear the name of Chief Wole Olanipekun, SAN by subjecting him to a calculated public opinion trial.

Sadly, we recall that the agitation to subvert the established and settled procedure for the elevation to the Chairman of the Body of Benchers which favoured Chief Wole Olanipekun, SAN was attempted by some senior lawyers, but for the principled, objective and pure professional stand taken by some prominent Lawyers and respected Justices on this issue, we would have been tempted to believe that the initial opposition to Chief Wole Olanipekun, SAN becoming the Chairman of the Body of Benchers and this unjustified call for him to step down as the Chairman of the Body of Benchers is an ethnic agenda.

The pertinent question here is what is the basis of punishing Chief Wole Olanipekun, SAN by asking him to step down as the Chairman of Body of Benchers for the alleged misconduct of another in the face of the provisions of Sections 2 (1) and 24 of the Legal Practitioners Act which had been interpreted to draw a distinction between a law firm and the individual Legal Practitioner making up the law firm? Though, the Legal Practitioners’ Disciplinary Committee is in law, a Committee of the Body of Benchers, it is however an independent standing Committee whose Chairman and members had been appointed before Chief Wole Olanipekun, SAN became the Chairman of the Body of Benchers.

Further to the above, whatever decision or direction taken by the Legal Practitioner’s Disciplinary Committee is not in anyway subject to the control or influence of the Body of Benchers. Appeal against the decision or direction of Legal Practitioners’ Disciplinary Committee goes to the Supreme Court and not the Body of Benchers. Most importantly, the petition having been filed before the LPDC, the matter is now subjudice and should not be subjected to further public commentary. The Legal Practitioners Disciplinary Committee should be allowed to do its job.

Those trying to pull down Chief Wole Olanipekun, SAN should realize that in reality, they are casting serious aspersions on the Legal Practitioners’ Disciplinary Committee by sending a wrong signal that the Committee cannot be trusted to take fair, independent and honest decisions or directions on disciplinary matters that come before it. This is no doubt a vote of no confidence on the membership of the committee.

In the circumstance, we humbly enjoin us all to desist from making further comments on this issue until its final determination by the LPDC.

As lawyers we must not allow trial by social media or newspapers’ or trial by television’ or ‘trial by any medium rather than the court of law.

Long Live NBA
Long Live Egbe Amofin Oodua.

Aare Isiaka Abiola Olagunju,SAN
Chairman, Governing Council, Egbe Amofin O’odua: ( The Yoruba Lawyers’ Forum)

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EXCLUSIVE: NBA ELECTION APPEAL C’TE MEMBERS RESIGN EN MASSE, BLAST GADZAMA

All members of the Nigerian Bar Association Election Appeals Committee (NBA-NEAC) have resigned their appointment, citing a petition “circulated on social media by Chief J. K. Gadzama SAN, one of the presidential candidates in the recently-concluded National Elections of the Nigerian Bar Association.”

In a letter obtained by CITY LAWYER and dated 30th July, 2022, the erstwhile Appeals Committee members wrote: “Regrettably, we the members of the NBA-NEAC have taken the collective decision to resign our appointment in order to pave the way for you to constitute a new National Election Appeals Committee in which Chief J. K. Gadzama SAN would have enough confidence to ventilate his grievances against the conduct of the recently-concluded elections.”

Addressed to NBA President, Mr. Olumide Akpata, the signatories are Mrs. Funmi Roberts (Chairperson), Huwaila Mohammed Ibrahim, Dr. Rosemary Chinelo Chikwendu, Hubert Nwoye, Austin Ajineh (Secretary), Stephen Obajaja, Okey Ohagba, Grace Selre Mamswa and Mathew Egbadon.

The former NBA-NEAC members described as “most unfortunate and underserving (sic)” the “mischaracterization ascribed to some members of the Committee.”

They stated that many NBA-NEAC members refrained from voting during the election “all in an effort to ensure that the process would not in any way be tainted by accusation of bias,” adding however that Gadzama “has decided to take the innocuous act of liking a post that celebrates Children’s Day globally on 27th May, 2022, by Mrs Funmi Roberts, and ascribed bias into it.”

Perhaps admitting the culpability of one of its members, the signatories stated that “In the case of Ms Huwaila Muhammed Ibrahim, if Chief J. K. Gadzama SAN had filed an appeal before us and objected to her participating whilst same is being considered, she would have had to recuse herself,” adding that “this accords with best international practice.”

The NBA-NEAC members also stated that their findings revealed that Mr. Okey Ohagba “was never at any time the co-ordinator of the opposing aspirant (sic),” adding that “had Chief J. K. Gadzama SAN filed an appeal before the Committee and objected to his participation, he would also have recused himself.”

Saying that the “comments by learned silk in the globally circulated letter is therefore, most uncharitable,” the former Appeals Committee members however stated that “we hold the very strong view that the Nigerian Bar Association is greater than the sum total of all the members of the Committee, and it is the duty of all members of our Association to strive at all times to shield her from anything that would taint, not only her image, but also that of any process put in place by the Association.”

The former members stated that though the mass resignation would “cause great inconvenience” to Akpata and members of the NBA Executive Committee, “this is a time when our indignation and principled opposition to the uncharitable comments and accusations of Chief J. K. Gadzama SAN must give way to the greater good of our Association.

CITY LAWYER recalls that Gadzama’s close aides had in a letter to Akpata informed him that the former presidential candidate would not approach the NBA-NEAC for redress over the recent NBA Elections due to concerns on its neutrality.

In a letter made available to CITY LAWYER and signed by Messrs Chukwudi Oli and O. E. Oluwabiyi, the Director-General and Admin Officer respectively of Team J-K Gadzama SAN, the organization stated that “we wish to bring to your attention that our candidate, Chief Joe-Kyari Gadzama, SAN will not be exploring the option of approaching the Committee on the following grounds…”

Titled “RESERVATIONS ABOUT THE NBA NATIONAL ELECTIONS APPEALS COMMITTEE (NBA-NEAC),” Team J-K Gadzama SAN alleged that the Chairperson of the Committee, Mrs. Funmi Roberts is “more of a supporter of Yakubu Chonoko Maikyau, SAN by liking posts on LinkedIn.”

The organization also doubted the neutrality of former NBA National Officer and Appeals Committee member, Mr. Okey Ohagba, saying that he “was an active Coordinator in Port Harcourt for Y. C. Maikyau, SAN.”

Team J-K Gadzama SAN again alleged that another member of the Appeals Committee, Mrs. Huwaila Muhammed Ibrahim “actively and openly posted contents on her Facebook platform projecting Y. C. Maikyau, SAN.”

The organization stated that the “non-neutrality” of these members of the Appeals Committee “poses elements of bias by virtue of their active participation in the campaign activities of Y. C. Maikyau, SAN in the recently concluded National Elections which held on Saturday, 16th July, 2022.

“We sincerely believe that the aforementioned persons will not be able to discharge the duties of the Committee devoid of sentiments and biases and hence, present no guarantee of credibility and fairness in administering unbiased decisions and findings. We have attached some screen pictures of displays by these persons in support of Y. C. Maikyau, SAN during the period of campaign activities. Please see Annexure NBA1 and Annexure
NBA2;

“The refusal of the ECNBA to allow an election audit which would examine the Election/Result Logs and the platform for the election as requested by our candidate’s Agent, Andrew Agbo-Madaki in his letter dated Saturday, 16th July, 2022 further renders our cause a herculean task if not an impossible one before the Committee, whose duty is essentially factfinding.

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LPDC: ‘AKPATA IS FIGHTING PROXY WAR WITH OLANIPEKUN,’ SAYS OLASUPO OJO

Fiery senior lawyer, Mr. Olasupo Ojo has alleged that the demand by the Nigerian Bar Association (NBA) for the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside from the seat is a proxy war being waged by NBA President, Mr. Olumide Akpata.

In a statement made available to CITY LAWYER, Ojo, a former Secretary of the NBA Constitution Review Committee, also alleged that the demand for Olanipekun’s recusal is a “propaganda war” “being sponsored by a clique,” urging lawyers not to be hoodwinked by the alleged plot.

Noting that those gunning for Olanipekun to recuse himself “are opportunists stoking the matter beyond its scope and trying to use the NBA to drag the BOB Chair down with it at all cost,” Ojo urged “discerning” lawyers “not to join a facade wagon whose true destination is hidden.”

According to Ojo, “Those gunning for chairmanship of the BOB should come out openly and tell the truth about what transpired at a recent meeting of the BOB where the NBA President read out his memo on the proposed amendment to the LPA during which he spoke rudely to the BOB and he was roundly lambasted by members of the BOB. The next shot to be fired was to exploit the issue of the letter written by a lawyer in the office of the Chairman of the BOB to get at him in retaliation.”

He wondered what “hidden personal axe” those who are pushing the recusal demand have with Olanipekun, warning that “The NBA is not the only Association of Lawyers registered with the Corporate Affairs Commission in Nigeria hence the false impression should not be given that the NBA letter for recusal has the backing of all Association of Lawyers in Nigeria.”

CITY LAWYER had in an exclusive report cited a complaint by former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN over an email from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, allegedly soliciting to take over a brief his law firm was handling for SAIPEM SPA. Following his demand for an apology, Wole Olanipekun & Co apologized for the debacle and disowned the Partner.

Below is the full text of the statement.

STILL ON THE NBA LETTER OF RECUSAL TO THE CHAIRMAN OF THE BODY OF BENCHERS.

I have this morning read the statement credited to a group called Justice Reform Project, (JRP), an NGO like the NBA, formed by some senior lawyers. I also had the benefit of reading the statement issued by Oluwemimo Ogunde SAN, a member of the JRP and father of the lawyer who wrote the letter in issue.

Based on the two statements, it is now obvious that this whole issue is being sponsored by a clique. They are opportunists stoking the matter beyond its scope and trying to use the NBA to drag the BOB Chair down with it at all cost.

I find it difficult that I should be choked because of a letter written by a lawyer in my firm without my authorisation and who has claimed responsibility for same.

Those gunning for chairmanship of the BOB should come out openly and tell the truth about what transpired at a recent meeting of the BOB where the NBA President read out his memo on the proposed amendment to the LPA during which he spoke rudely to the BOB and he was roundly lambasted by members of the BOB. The next shot to be fired was to exploit the issue of the letter written by a lawyer in the office of the Chairman of the BOB to get at him in retaliation.

I am just looking and laughing at those screaming their heads off in support of the recusal letter. You are all victims of social media trial. They are using you all as mobs to shout-out their cause in the market place. I advise you to be circumspect and not continue to fall prey to the antics of an exploitative clique.

Why are they using the NBA to cry more than the bereaved who has already filed his process with the LPDC on the same matter?

Why are they throwing stones as if they are saints?

Is the Chairmanship of the BOB an issue in the substantive matter?

Why is the NBA now being used as their platform to launch a propaganda war against the person of the BOB chair who is a former NBA President?

What is the hidden personal axe they have to grind with him as the BOB chair?

Why did they wait until now to seize on the issue of a letter wrongly written by a lawyer in his law firm without his knowledge or authorisation as admitted by the same lawyer who wrote the letter?

How many of us have been crucified just because a lawyer in our firm wrote an unauthorised letter and is this the first or last time such will happen in our law firms?

Can you hold the principal partner of a law firm vicariously liable for an unauthorised letter written by a lawyer in the firm under the Rules of Professional Conduct?

Why are they unable to cite just a rule of the RPC that has been breached by the BOB chair?

I URGE ALL MATURE AND DISCERNING LAWYERS NOT TO JOIN A FACADE WAGON WHOSE TRUE DESTINATION IS HIDDEN.

WHY CANT THEY WAIT FOR THE ALREADY IGNITED LPDC DUE PROCESS TO BE FOLLOWED TO LOGICAL CONCLUSION AT THE SUPREME COURT?

SINCE THERE IS NOW A DIVISION, WHO IS THEIR CANDIDATE FOR THE POSITION OF THE BOB CHAIR AND WHY CAN’T THEIR CANDIDATE AWAIT HIS OWN TIME?

AT OUR LEVEL OF KNOWLEDGE, WE SHOULD NOT BE AMONG THE MOBS.

The NBA is not the only Association of Lawyers registered with the Corporate Affairs Commission in Nigeria hence the false impression should not be given that the NBA letter for recusal has the backing of all Association of Lawyers in Nigeria.

THANKS.

OLASUPO OJO ESQ.
July 30, 2022.

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OLANIPEKUN: OKUTEPA CRIES OUT OVER CRITICISM BY SENIOR LAWYERS

Fiery senior lawyer and former Legal Practitioners Disciplinary Committee (LPDC) prosecutor, Mr. Jibrin Okutepa SAN has distanced himself from a statement by the Justice Reform Project (JRP) asking Chief Wole Olanipekun SAN to quit his office as Chairman of the Body of Benchers (BoB).

In a statement made available to CITY LAWYER, the outspoken Bar Leader said he “left JRP long ago when I perceived the way things were being done without consultations.”

Leading senior lawyer and Chairman of JRP Governing Board, Mrs. Funke Adekoya SAN had told CITY LAWYER yesterday that both Okutepa and former Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore left the group “on issues of personal principle.”

He also berated “eminent members of the Bar” for chastising him over the recusal saga, adding that he never called Olanipekun a “superior member of the Bar.”

CITY LAWYER had in an exclusive report cited a complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the SAIPEM from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

The NBA has filed a petition at the LPDC where it not only demanded sanctions against Ms. Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

Below is a full text of the statement.

My attention has been drawn to an unsigned statement said to have been issued by Justice Reform Projects, JRP in which my name was mentioned.

While I have no quarrel with whatever informed the reasons for the statement, I want to say categorically that I am no more a member of JRP. I left JRP long ago when I perceived the way things were being done without consultations. Prof Ojukwu SAN and many members of JRP can testify to this. Those who issued the statement should have been kind enough to have indicated that I have long withdrawn my membership of JRP.

My name is being used by different persons for different reasons on this alleged issue of professional misconduct. Many have attributed to me on social media what I did not say. For instance I did not describe Chief Olanipekun SAN as Suprior member of the Bar and couldn’t have said so yet eminent members of the Bar have gone to the media to pour venoms on me for what I did not say.

I will not support or shield any member of the legal profession who breaches or who is alleged to have breached our rules of professional Conduct in the legal profession, no matter his or her status in the legal profession, but nobody should use my name in any statement I did not authorize or attributes to me what I did not say, no matter how noble the intention may be.

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LPDC PROBE: OGUNDE QUITS JRP OVER STANCE, BACKS DAUGHTER, OLANIPEKUN

The father of Ms. Adekunbi Ogunde, the senior lawyer in the middle of the clamour for the Body of Benchers Chairman, Chief Wole Olanipekun SAN to recuse himself from the seat, has finally broken his silence, throwing his weight behind his embattled daughter and Olanipekun.

In a statement obtained by CITY LAWYER, Mr. Wemimo Ogunde SAN dissociated himself from a statement by the influential Justice Reform Project (JRP) calling on Olanipekun to quit, saying that he was not consulted before release of the statement.

Responding to an online publication (not CITY LAWYER) where he was said to have endorsed the JRP statement, the senior lawyer stated that “I want to state categorically that I do not wish to be associated with that statement. At no time did I participate in any meeting or discussion where the content of the statement was tabled or my consent sought or obtained.”

Ogunde hinted that he has quit the justice sector reform body as “my membership of JRP has now become untenable,” adding that “Many members of the JRP already know my difficult situation in this matter. For that reason I expected that i should have been consulted so that I would have had the opportunity to have dissociated myself from it internally, and the statement could then have been framed in a way to make my stance very clear, rather than putting me in this clearly embarrassing and awkward situation.”

He exonerated Olanipekun and other partners in the law firm from the solicitation debacle, saying: “However, one thing that is clear is that the innocence of the other partners has been clearly expressed. Whether they are vicariously liable for the acts of Ms Adekunbi Ogunde is one of the questions already submitted before the LPDC. Until then, the presumption of innocence of everyone involved, a constitutional right, ought to be respected.”

Ogunde stated that “My focus as a father at this time, is to assist my daughter prepare her defence,” adding that while the Nigerian Bar Association (NBA) has filed a complaint against his daughter, “I think as lawyers, the sanctity and independence of that body (Legal Practitioners Disciplinary Committee) should be respected.”

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

The NBA has filed a petition at the LPDC where it not only demanded sanctions against Ms. Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

The association followed this up with a letter personally signed by Akpata which urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

The full text of the statement is below.

THE CALL FOR THE RESIGNATION OF CHIEF WOLE OLANIPEKUN SAN AS CHAIRMAN OF THE BODY OF BENCHERS: MY POSITION AS A MEMBER OF THE JUSTICE REFORM PROJECT

Today, 29th July, 2022, my attention was drawn to a publication by BarristerNG, an online law newspaper that 20 Senior Advocates of Nigeria (including me) who are members of the JRP have called for the resignation of Chief Olanipekun SAN on account of the email written by my daughter.

I want to state categorically that I do not wish to be associated with that statement. At no time did I participate in any meeting or discussion where the content of the statement was tabled or my consent sought or obtained.

The NBA has filed a complaint against my daughter before the LPDC and I think as lawyers, the sanctity and independence of that body should be respected. It must be noted that no complaint was filed against any other partner and Mr Odein Ajumogobia SAN has neither filed any complaint nor deposed to any statement in support of the NBA’s complaint. My focus as a father at this time, is to assist my daughter prepare her defence. However, one thing that is clear is that the innocence of the other partners has been clearly expressed. Whether they are vicariously liable for the acts of Ms Adekunbi Ogunde is one of the questions already submitted before the LPDC. Until then, the presumption of innocence of everyone involved, a constitutional right, ought to be respected.

In the circumstances, my membership of JRP has now become untenable. I believe and support my daughter’s solemn declaration expressed privately and publicly, that the email was written unilaterally, without the knowledge of any other partner in Wole Olanipekun & Co. Those who have a contrary view are also entitled to their opinion, but in the interest of justice, we all have to await the verdict of the LPDC.

Many members of the JRP already know my difficult situation in this matter. For that reason I expected that i should have been consulted so that I would have had the opportunity to have dissociated myself from it internally, and the statement could then have been framed in a way to make my stance very clear, rather than putting me in this clearly embarrassing and awkward situation.

I am grateful to all those who have contacted me privately, particularly those who also know Adekunbi very well. May the Almighty God bless you and yours always.

OLUWEMIMO OGUNDE SAN

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LAWYER REUNITES WITH KIDNAPPED TODDLER

Oyo-based lawyer, Mr. Aderemi Adebiyi has reunited with his three-year-son barely 24 hours after he was whisked away from their residence by kidnappers.

Adebiyi told CITY LAWYER that the toddler was released after spending hours in the kidnappers’ den.

Also announcing the release in an online post, Adebiyi said: “To God be the glory, just like my neighbour, Michael Adetayo Adebiyi has been reunited with us, while my brother is still recuperating. Thank you all for your love, interest and prayers.”

He sent “special thanks” to the men of the Nigeria Police Oyo State Command and the Amotekun Corps “for the active role they played during the trying moment,” adding that “Surely, Nigeria’ll be better.”

CITY LAWYER had reported that the distressed father had yesterday sent a Save-Our-Soul message that bandits struck last night at their Bode Thomas Estate, Offametta, Oyo, Oyo State residence, shot his brother and whisked away his child.

His words: “The insecurity situation in this country is not limited to any region, my house was attacked today by some Fulani men around midnight, and my younger brother was shot in the process and he’s currently receiving treatment. My 3-year-old boy has also been kidnapped and we are praying for his safe return.”

According to Adebiyi, “I’ve also been reliably informed that one of my neighbours was equally kidnapped,” adding: “Please pray for us. It seems our estate is now their target. It’s on record that this is the second time we are experiencing this sort of incident.”

Adebiyi told CITY LAWYER that the bandits had not made any contact with him, adding: “But they’ve contacted my neighbour’s relative demanding for 100 million (naira).”

There has been heightened insecurity in the country, even as President Muhammadu Buhari recently held a series of meetings with his security chiefs towards containing the menace.

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SENIOR ADVOCATES ASK OLANIPEKUN TO QUIT OVER LPDC PROBE

A coalition of leading senior lawyers, civil society activists and users of court services under the aegis of Justice Reform Project (JRP) has added its voice to the growing call on the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to resign.

The Nigerian Bar Association (NBA) had asked the former NBA President to recuse himself from the seat to pave way for an unfettered investigation of its petition to the Legal Practitioners Disciplinary Committee (LPDC) against the foremost senior lawyer and other partners in his law firm.

In a statement obtained by CITY LAWYER, the group comprising over 20 senior advocates and other justice sector reform advocates urged Olanipekun to “step down” from his position as BoB helmsman, adding that such move would be a mark of honour.

It said: “JRP takes the position that the learned silk ought to step down from his position as Chairman of the Body of Benchers to enable investigations to be concluded with the requisite confidence. This should have predated the steps taken by the NBA and subsequent public commentary. Such an action on his part would not be a mark of culpability, it would be a matter of responsibility and honour. In his exalted position, he should ordinarily be instigating such a complaint.”

The body decried Olanipekun’s failure to recuse himself, saying: “The learned silk’s continued stay in office is, consequently, an indiscretion which will come at a cost to the integrity of our profession. The tribal sentiments being stoked by senior members of the bar are not helpful. Neither are allegations of witch-hunting or ulterior motives.”

The JRP also berated the BoB Chairman for the alleged “innuendos” in his speech during the recent Call to Bar ceremony, saying that that has only reinforced the call for his resignation.

According to the group of justice sector reform advocates, “On a related note, the innuendos in the learned silk’s speech at the Call to Bar ceremony, suggesting that opposing views were indicative of a ‘pulling down syndrome’, can only reinforce the call for his resignation, even though a formal complaint against him has not been lodged.”

It commended the Olumide Akpata-led NBA for its position on the saga, saying: “The NBA, and its leadership, must be commended for taking a bold step in upholding the standards of our profession, even in circumstances involving a man who commands an enormous amount of respect from the entire profession. This is the true test of our will to revive our dying profession and, all of us, including the learned silk, have a responsibility to put the profession first in circumstances like this.”

The JRP added that “The NBA leadership has done its job. Their actions have marked a new era in the enforcement of ethical standards in the legal profession and we must all stand behind the NBA to ensure the integrity of our profession.”

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

JRP was set up in February 2019 with membership cutting across senior and junior lawyers, civil society activists and users of court services interested in reform of the justice system.. The group co-hosted the recent Justice Sector Summit. CITY LAWYER gathered that the JRP is an offshoot of the G20 group of senior advocates who in mid-2019 at the peak of the controversy surrounding the removal of former Chief Justice of Nigeria, Justice Walter Onnoghen, issued a statement saying they “feel embarrassed and deeply concerned by the recent events surrounding the suspension of Honourable Justice W. S. N. Onnoghen as the Chief Justice of Nigeria.”

Among the signatories to the Onnoghen statement were Messrs Ebun Sofunde SAN, Kayode Sofola SAN, Kola Awodein SAN, Ademola Akinrele SAN, Eyimofe Atake SAN, Olufunke Adekoya SAN, Oluwafemi Atoyebi SAN, Yemi Candide-Johnson SAN, Olasupo Shasore SAN, Babatunde Ajibade SAN, Osaro Eghobamien SAN, Babatunde Fagbohunlu SAN, Wemimo Ogunde SAN, and Jibrin Okutepa SAN. Others Messrs Olumide Sofowora SAN, Ernest Ojukwu SAN, Olatunde Adejuyigbe SAN, Adewale Olawoyin SAN, Adeniyi Adegbonmire SAN and Oyesoji Oyeleke SAN.

More recently, the JRP brought a lawsuit at the Federal High Court sitting in Abuja to restrain President Muhammadu Buhari from appointing as judges, 21 persons recommended to him by the National Judicial Council (NJC), saying that “it is concerned about the dysfunctional justice system in Nigeria.”

It was unclear at press time whether all the senior advocates that endorsed the Onnoghen Statement are still members of the JRP, moreso as Okutepa has criticized the approach adopted by Akpata in seeking Olanipekun’s recusal while Ogunde is the father of Ms. Adekunbi Ogunde, the partner in Olanipekun’s law firm who has been dragged to the LPDC by NBA.

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BANDITS KIDNAP LAWYER’S CHILD, NEIGHBOUR, DEMAND N100 MILLION

Gunmen have kidnapped the three-year-old son of an Oyo based lawyer, Mr. Aderemi Adebiyi, CITY LAWYER can authoritatively report.

In a post by the distressed father, he stated that the bandits struck last night at their Bode Thomas Estate, Offametta, Oyo, Oyo State residence, shot his brother and whisked away his child.

His words: “The insecurity situation in this country is not limited to any region, my house was attacked today by some Fulani men around midnight, and my younger brother was shot in the process and he’s currently receiving treatment. My 3-year-old boy has also been kidnapped and we are praying for his safe return.”

According to Adebiyi, “I’ve also been reliably informed that one of my neighbours was equally kidnapped,” adding: “Please pray for us. It seems our estate is now their target. It’s on record that this is the second time we are experiencing this sort of incident.”

Adebiyi told CITY LAWYER that the bandits had not made any contact with him, adding: “But they’ve contacted my neighbour’s relative demanding for 100 million (naira).”

There has been heightened insecurity in the country, even as President Muhammadu Buhari recently held a series of meetings with his security chiefs towards containing the menace.

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INIBEHE EFFIONG: NBA WADES IN, VOWS TO RESIST HARASSMENT OF LAWYERS

The Nigerian Bar Association (NBA) has said that it is making moves to secure the release of human rights lawyer, Mr. Inibehe Effiong, even as it warned that it would resist attempts to intimidate and harass lawyers.

In a statement by NBA President, Mr. Olumide Akpata, the association noted that it has mobilized its Uyo Branch members to secure Effiong’s freedom, adding: “While not going into the merits of this particular matter yet, suffice it to say that the NBA is strongly opposed to, and will continue to resist all attempts to intimidate, threaten or harass our members while properly carrying out their professional responsibilities.”

The fiery human rights lawyer was committed for contempt and sentenced to one month imprisonment yesterday by the Chief Judge of Akwa Ibom State, Justice Ekaette Obot.

Titled, “RE: DETENTION OF MR. INIBEHE EFFIONG IN AKWA IBOM STATE,” the statement reads:

“I have received with great concern the news of the detention of one of our members, Inibehe Effiong, at a correctional facility in Akwa Ibom State, on account of what transpired on Wednesday 27 July 2022 during proceedings in the court of the Chief Judge of Akwa Ibom State.

“Since receiving this news, I have been in touch with the Chairman of the Uyo Branch of NBA who has mobilised his team to look into and address this. This morning, I have also mandated the NBA 1st Vice President to visit Uyo immediately to join the ongoing efforts and ensure the release of Mr. Effiong.

“The NBA is therefore on top of this, and I am confident that Mr. Effiong will regain his freedom shortly.

“While not going into the merits of this particular matter yet, suffice it to say that the NBA is strongly opposed to, and will continue to resist all attempts to intimidate, threaten or harass our members while properly carrying out their professional responsibilities.

“The NBA will also not condone acts of indiscipline and insubordination against judicial officers from our members no matter the provocation. Ours is a rule-based profession and there is a procedure for airing grievances. The NBA 1st Vice President will also conduct fact finding investigation to determine what transpired and recommend next steps.”

OLUMIDE AKPATA
NBA President
28 July 2022

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LPDC PROBE: YEMI CANDIDE-JOHNSON ASKS OLANIPEKUN TO RESIGN, OKUTEPA QUERIES AKPATA’S APPROACH

More pressure is being piled on the Chairman of the Body of Benchers (BoB), Chief Wole Olanipekun SAN to step aside from the seat as the former President of Lagos Court of Arbitration, Mr. Yemi Candide-Johnson SAN has asked him to resign.

This is coming against the backdrop of a similar call today by the influential Eastern Bar Forum (EBF).

Meanwhile, erstwhile Legal Practitioners Disciplinary Committee (LPDC) Prosecutor, Mr. Jibrin Okutepa SAN has berated the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata for his approach in the matter.

Candide-Johnson, who is a leading justice sector reform advocate and Chairman of the Board of Directors of Nigeria Mortgage Refinance Company, said in an interview that “In the face of public allegations of egregious professional misconduct, I would expect him to defend the profession first before himself and accordingly to resign from the office that leads the profession. It’s a matter of responsibility and of honour.”

His words: “Wole Olanipekun is a leading Nigerian lawyer and recognized by many important offices as a leader of the profession. It is of the utmost importance that such an individual always conducts himself and regulates his practice in a manner that is exemplary.

“Any implication that he acts below optimum standards makes his position, especially as chairman of an important professional organ untenable. In the face of public allegations of egregious professional misconduct, I would expect him to defend the profession first before himself and accordingly to resign from the office that leads the profession. It’s a matter of responsibility and of honour.

“The appearance of corruption by itself is deeply damaging. My own view generally is that nobody is above the law and the bane of our profession to this time has been that the most senior are often the most badly behaved. It is intolerable and unsustainable. The law and its due and proper administration is more important than any individual.”

Okutepa lampooned Akpata for allegedly going public with the demand for Olanipekun to recuse himself from the seat, saying the BoB helmsman deserved a better treatment.

His words: “The letter was not in the best tradition of how things are done irrespective of what anybody feels about it. Chief Wole Olanipekun was a past President of the Nigerian Bar Association and whether we like it or not, he is a superior member of the bar and if I were to be in the position of the President of the Nigerian Bar Association, I won’t write such letter. I would go to meet with Chief Wole Olanipekun or involve senior members of the Bar, elders, past Presidents, and then meet with him and have discussion because whether anybody likes it or not, he is the leader of the bar.

“To do a letter to him and before he gets it, it is on social media, it is a very terrible thing that he ought not to do. You may not like Wole Olanipekun as a person but the institution that we all belong to must be preserved by the decorum we accord to ourselves.

“I’m not saying Wole Olanipekun is above disciplinary process and I am not going to go to any argument as to whether or not what happened is correct or not correct, but there are better and respectful way of dealing with issues that affect the profession.”

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ogunde and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

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LPDC PROBE: EASTERN BAR FORUM ASKS OLANIPEKUN TO STEP ASIDE

The Eastern Bar Forum has asked the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside “to save that august institution and the legal profession further embarrassment and opprobrium.”

In a statement signed by the Chairman of the EBF Governing Council, Chief Uba Anene, the forum alleged that Olanipekun has “grave integrity issues hanging over his head.”

According to the influential forum, “The EBF also calls on the Chairman of the Body of Benchers to save that august institution and the legal profession further embarrassment and opprobrium by stepping aside while issues pertaining to his integrity and that of his eponymous office is being dealt with. There can be no better way to lead by example.”

It also urged the Chief Judge of Akwa Ibom State to reverse the imprisonment of fiery human rights lawyer, Mr. Inibehe Effiong.

The full statement reads:

IN THE MATTERS OF INIBEHE EFFIONG AND CHIEF WOLE OLANIPEKUN, SAN

It is not the best of times for the legal profession in Nigeria.

Yesterday, at a hastily relocated venue due to the pervading state of insecurity in Nigeria, 1507 candidates were admitted to the noble profession at a ceremony presided over by a Chairman of the Body of Benchers with grave integrity issues hanging over his head.

Yesterday also, east of the Niger, a learned presiding Chief Judge wielded the ultimate judicial hammer and clamped a learned colleague Inibehe Effiong into prison for daring to raise procedural issues in a politically sensitive case involving the Akwa Ibom State governor, in which her impartiality had been called to question by way of a properly filed and served application for recusal/transfer.

These incidents leave a sour taste in the mouth.

The EBF calls on the Honourable Chief Judge of Akwa Ibom State to take another look at the matter, rescind her committal order immediately and transfer the pending case to another court so that justice may not only be done but also be seen to have been done.

The EBF also calls on the Chairman of the Body of Benchers to save that august institution and the legal profession further embarrassment and opprobrium by stepping aside while issues pertaining to his integrity and that of his eponymous office is being dealt with. There can be no better way to lead by example.

Chief Uba Anene
Chairman, EBF Governing Council.

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NBA-SPIDEL LAUDS UBANI AS HE CELEBRATES BIRTHDAY TODAY

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) wishes its indefatigable Chairman, Dr. Monday Onyekachi Ubani a very happy birthday as he adds another year today.

Dr. Ubani is a relentless human rights crusader, an unrepentant good governance advocate, an activist and social critic of note, a painstaking public interest litigator, a committed community leader and philanthropist, and an endearing family man.

He showed his mettle as a former NBA 1st Vice President, a trait he has carried into his current role as NBA-SPIDEL Chairman.

Dr. Ubani is a trailblazer and a visionary leader whose daring and can-do spirit is matchless.

The NBA-SPIDEL Council applauds you and especially your uncommon track record in the public interest and development law sphere.

Your landmark cases have opened new frontiers in public interest matters and fostered the entrenchment of human rights in Nigeria.

As you celebrate today, we pray for God’s continued guidance and protection on you. We are confident that posterity will be kind to you in your relentless pursuit of the public interest.

We wish you many more years of happiness and service to humanity.

SIGNED:

Dr. Princess Frank-Chukwuani (FICMC),
Secretary, NBA-SPIDEL
PP: NBA-SPIDEL COUNCIL

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‘WHY CHIEF JUDGE SENT ME TO PRISON,’ BY RIGHTS LAWYER INIBEHE

Fiery human rights lawyer has given an account of why he was sent to prison detention by the Akwa Ibom Chief Judge, Justice Ekaette Obot.

His words: “The Chief Judge of Akwa Ibom ordered a Premium Times reporter to leave the court. I said my lord, we were thinking that since the proceeding is public, that members of the public should be allowed to observe the proceeding. My Lord asked me to proceed with cross examination.

“I obeyed. I informed the court that I was not feeling comfortable and safe having two armed mobile policemen seated inside the courtroom, that it was strange and that I felt unsafe. I applied for the judge to excuse the armed policemen from the courtroom.

“The Hon. Chief Judge then ordered me to step out of the Bar, that she was sending me to prison. She then ordered the policemen to take me to Uyo prison. And that I should be in jail for one month. I am waiting inside the courtroom for them to bring the conviction warrant.

“I will be going to the Uyo Correctional Centre now. I have not done anything. I wasn’t even (given) opportunity to say anything before the “conviction”. Two lawyers in court appealed to the Hon. Chief Judge but my Lord insisted that I must be jailed.

“This is in the suit filed by Governor Udom Emmanuel against a lawyer, Leo Ekpenyong, for alleged defamation.”

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OLANIPEKUN RECUSAL: ‘IS NBA PLAYING TO GALLERY?’ ASKS CHIJIOKE OKOLI

THE NBA’S PUBLIC DEMAND OF RECUSAL OF CHIEF OLANIPEKUN, SAN AS CHAIR BODY OF BENCHERS PENDING CONCLUSION OF INVESTIGATION AGAINST A COLLEAGUE IN HIS CHAMBERS LEAVES MUCH TO BE DESIRED: STATEMENT BY CHIJIOKE OKOLI, SAN

1. It is an understatement that these are not the best of times for our country in general, the legal profession inclusive. The very unfortunate incident involving a junior colleague in what is arguably the leading litigation law firm in the country, Wole Olanipekun & Co., has arrested the attention of the Nigerian Bar Association and many of its members, with several disconcerting consequences for the reasonable and fair-minded observers and stakeholders.

2. It is against the foregoing backdrop that one was astounded to read in the social and other media the unfortunate ethnicization of the distressing developments by Silk, Chief Yomi Aliu, SAN. He accused the N.B.A. President/leadership of tribalism for their call for the recusal of Chief Olanipekun from the Body of Benchers pending the investigation of his said junior colleague for possible professional misconduct. The needless hysteria which underpins Chief Aliu’s position notwithstanding, there are some genuine concerns over the nature and manner of the N.B.A.’s call. But more on that later.

3. Chief Aliu obviously did not think through his rushed defence of Chief Olanipekun, and essentially calling on South-West lawyers to rise to the defence of “their Leader”. He unwittingly seeks to diminish the esteemed Bar Leader whose leadership constituency is way beyond the South-West, but is rather unquestionably national. Chief Olanipekun is a Leader amongst leaders of the Nigerian Bar, with mentees of all categories in all nooks and crannies of the country ready to stand up to his defence if occasion calls for it. Chief Aliu may therefore need to reconsider his unhelpful and incendiary statement with a view to a retraction of same.

4. Now, lawyers acknowledge as article of faith that oftentimes procedure is as important as the substantive, indeed that there is frequently a coalescence of both categories. It is in the foregoing light that the manner of NBA’s communication with Chief Olanipekun leaves a sour taste in the mouth. It is not too much to expect that if the NBA leadership felt that he should recuse himself from the Body of Benchers then the President should have met with and intimated him accordingly so that he could do so voluntarily. Even if he was approached as suggested but did not immediately see the point, it would still suffice to enlist some ranking practitioners and judicial officers to reiterate the message, and only after which recourse to letter writing could be justified.

5. As distasteful as the rush to write a letter to Chief Olanipekun was, even worse was the fact of it gracing the social media hardly before the ink on it had dried. For all its presumed good intentions of maintaining rules and order in the profession, this action unfortunately leaves the NBA leadership open to questions as to its motives, with complaints, by no means outlandish in the circumstances, of playing to the gallery and seeking to maximize Chief Olanipekun’s embarrassment. The fact that he apparently had not even been served with the letter before its release for the titillation of netizens and consumers of the social media is most unfortunate and detracts from the sobriety required in such delicate circumstances.

6. Finally, the present insistence that Chief Olanipekun deserved better, i.e. a more decorous engagement, from the NBA leadership is in no way suggesting the dismissal of the principle of equality before the law. However, an unnuanced application of the law almost invariably leaves it appearing crude and harsh; which is why, for example, we do not complain when a lawyer, especially a ranking one, who finds himself in the dock is given bail on self-recognizance. There is perhaps need for the reminder that the history of NBA and its pantheon of heroes extend well beyond the past one decade or couple of years. Chief Olanipekun’s place in that pantheon is beyond any contest if we remember his courageous and exemplary leadership of the NBA during the challenging times of the Obasanjo Presidency which frequently stretched the rule of law to the breaking point, with history recording Chief Olanipekun as NBA President firmly leading the defence line, leading to such feats as getting the Executive to surrender the Chief Justice’s official residence which it had seized for the Vice President’s occupation.

7. It is sincerely hoped, without suggesting that the Association become a ‘timorous soul’, that henceforth the NBA leadership appreciates the need for sobriety in its engagement in sensitive matters and that there are times and circumstances when discretion is the better part of valour.

Signed:
Chijioke Okoli, SAN

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GADZAMA SHUNS NBA APPEALS C’TE OVER BIAS CONCERNS, DG WRITES AKPATA

Chief Joe-Kyari Gadzama SAN will not approach the NBA NBA National Elections Appeals Committee (NBA-NEAC) for redress over the recent NBA Elections due to concerns on the neutrality of the committee, CITY LAWYER can authoritatively report.

In a letter made available to CITY LAWYER and addressed to NBA President, Mr. Olumide Akpata, Team J-K Gadzama SAN stated that “we wish to bring to your attention that our candidate, Chief Joe-Kyari Gadzama, SAN will not be exploring the option of approaching the Committee on the following grounds…”

Signed by Messrs Chukwudi Oli and O. E. Oluwabiyi, the Director-General and Admin Officer respectively of and titled “RESERVATIONS ABOUT THE NBA NATIONAL ELECTIONS APPEALS COMMITTEE (NBA-NEAC),” Team J-K Gadzama SAN alleged that the Chairperson of the Committee, Mrs. Funmi Roberts is “more of a supporter of Yakubu Chonoko Maikyau, SAN by liking posts on LinkedIn.”

The organization also doubted the neutrality of former NBA National Officer and Appeals Committee member, Mr. Okey Ohagba, saying that he “was an active Coordinator in Port Harcourt for Y. C. Maikyau, SAN.”

Team J-K Gadzama SAN again alleged that another member of the Appeals Committee, Mrs. Huwaila Muhammed Ibrahim “actively and openly posted contents on her Facebook platform projecting Y. C. Maikyau, SAN.”

The organization stated that the “non-neutrality” of these members of the Appeals Committee “poses elements of bias by virtue of their active participation in the campaign activities of Y. C. Maikyau, SAN in the recently concluded National Elections which held on Saturday, 16th July, 2022.

“We sincerely believe that the aforementioned persons will not be able to discharge the duties of the Committee devoid of sentiments and biases and hence, present no guarantee of credibility and fairness in administering unbiased decisions and findings. We have attached some screen pictures of displays by these persons in support of Y. C. Maikyau, SAN during the period of campaign activities. Please see Annexure NBA1 and Annexure
NBA2;

“The refusal of the ECNBA to allow an election audit which would examine the Election/Result Logs and the platform for the election as requested by our candidate’s Agent, Andrew Agbo-Madaki in his letter dated Saturday, 16th July, 2022 further renders our cause a herculean task if not an impossible one before the Committee, whose duty is essentially factfinding.

“As a result of the aforementioned grounds and circumstances, personal reasons of Chief Gadzama, SAN have also arisen.

“In precis, we firmly believe that the leadership of the NBA has a duty to maintain a level playing ground for all stakeholders and parties, and to guarantee the integrity of the post-election process.”

The NBA is yet to respond to the allegations. Maikyau was declared winner of the election conducted on July 16, 2022 via electronic voting.

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OLANIPEKUN SURVIVES, AS BENCHERS FAIL TO DEBATE NBA’S RECUSAL DEMAND

The Chairman of the Body of Benchers, Chief Wole Olanipekun SAN has survived a move by the Nigerian Bar Association (NBA) to have him step aside from the seat following a petition to the Legal Practitioners Disciplinary Committee (LPDC) seeking sanctions against partners in his law firm for alleged professional misconduct.

Though CITY LAWYER gathered that NBA President, Mr. Olumide Akpata had sent an email to the BoB asking that the recusal matter should be tabled for discussion, an impeccable source who attended today’s Body of Benchers meeting told CITY LAWYER that the issue did not receive any attention during the meeting. “There was absolutely no mention of the matter during the entire duration of the meeting,” said the source. Akpata’s email was copied to all BoB members.

CITY LAWYER had predicted that the issue may not be debated at today’s meeting as it was not listed on the agenda. Sources however said that this may not be unexpected given that the agenda for today’s meeting had long been drawn up. The non-receipt of the recusal letter until yesterday may also have made it practically impossible to include the issue on the agenda.

The source told CITY LAWYER that the meeting was delayed for about 30 minutes as the chairman took turns to felicitate with members, even as the meeting witnessed massive attendance by many BoB members, some attending after a prolonged absence.

Though at least two national newspapers reported that NBA President, Mr. Olumide Akpata shunned the meeting, CITY LAWYER gathered from unimpeachable sources that Akpata attended the meeting virtually and was signed on throughout the deliberations as he is overseas.

The source said that while the only opportunity to include the recusal issue on the agenda was during debate on “Adoption of Agenda,” Olanipekun side-stepped the item by stating that his “Chairman’s Address” would cater for that.

This paved the way for a discussion of only issues relating to tomorrow’s Call to Bar ceremony following a committee report on the subject. Other reports were deferred to the body’s next meeting on September 29, 2022, moreso as the reports were not circulated to members.

CITY LAWYER however gathered that this has been the tradition, as the body’s meetings on the eve of Call to Bar ceremonies often focus exclusively on preparations for the event.

Aside from the Acting Chief Justice of Nigeria (CJN), Justice Kayode Ariwoola, two past Chief Justices of Nigeria also attended the meeting. They are Justice Mahmud Mohammed and Justice Walter Onnoghen as well as retired Justice Mary Peter-Odili who doubles as the Vice-Chairman of the Body of Benchers. Also in attendance was Justice Helen Ogunwumiju of the Supreme Court.

The NBA was also well represented at the meeting which held at the Body of Benchers Complex in Jabi, Abuja by Akpata and its statutory representatives as well as seven past presidents including Messrs Onomigbo Okpoko SAN, O. C. J. Okocha SAN, Joseph Daudu SAN, Augustine Alegeh SAN, Okey Wali SAN, Abubakar Mahmoud and Paul Usoro SAN. Daudu, Alegeh and Wali signed on virtually.

It remains to be seen whether the matter will be raised at the next meeting of the Body of Benchers in September.

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

In a letter personally signed by Akpata following the filing of the petition, NBA had urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

But Olanipekun, a former NBA President, had expressed anger against the association for allegedly making its demand public without communicating the recusal letter to him, saying it appeared there was an ulterior motive behind the action. His words: “As we talk, I am yet to get a copy of the letter. People have been calling me but I can’t react to a document that I have not seen.”

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PROMINENT LAWYER, TUNJI AYANLAJA IS DEAD

Foremost lawyer, Chief Olatunji Ayanlaja SAN is dead. There are strong indications that the senior lawyer died today. CITY LAWYER gathered that the deceased has been receiving medical attention lately.

Announcing the passing of the senior advocate, the Secretary of the Yoruba Tennis Club, Mr. Gbolahan Dixon wrote:

On behalf of the Chairman of Yoruba Tennis Club, Bro. Chief Euzebio Babajide Damazio, We regret to announce the demise of:

Bro. Olatunji Ayanlaja, SAN

Aged : 77 years

Membership No : 1238

Initiated: December, 1996

Died : Tuesday, 26th July, 2022

May his soul rest in perfect peace.

Bro Gbolahan Dixon
Hon General Secretary

A close associate of the senior lawyer and Treasurer of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Ms. Funmi Adeogun also confirmed his passing, saying, “Indeed, he is no more. I am still in shock.”

Efforts by CITY LAWYER to reach his Partner-in-Chambers, Mr. Bambo Adesanya SAN proved abortive as his telephone line remained engaged.

According to a profile of the deceased in “Nigeria’s Top 100 Lawyers” compendium, Ayanlaja received a Bachelor of Laws degree from the University of Lagos (UNILAG) and was admitted to the Nigerian Bar in 1972. He clocked 50 years at the Bar this year.

Prior to his call to Bar, Ayanlaja was attached to the law office of Chief G. O. K. Ajayi SAN in his quest to acquire legal skills. “He would later confess that this tutelage gave him a lot of leverage when he eventually commenced his illustrious legal career,” the author of the compendium noted.

He was elevated to the Inner Bar in 1995 and formed a partnership known as Ayanlaja, Adesanya & Co. According to “Nigeria’s Top 100 Lawyers” compendium, “Always eager to celebrate Ajayi’s uncommon mentorship, Ayanlaja would ultimately say that Ajayi taught him three virtues of a successful lawyer, namely good dress sense, punctuality and excellent presentation and advocacy skills.”

He added that Ajayi “also admonished me to pass the message to other colleagues in chamber and to relate this to new entrants into the profession in order for them to inherit and benefit from this message of G. O. K. Ajayi (SAN).”

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INVESTIGATION: HOW NBA’S RECUSAL LETTER TO OLANIPEKUN WAS ‘LEAKED’

The letter by Nigerian Bar Association (NBA) President, Mr. Olumide Akpata to the Chairman of Body of Benchers (BoB), Chief Wole Olanipekun SAN asking him to recuse himself from the seat was not leaked to the public, CITY LAWYER can authoritatively report.

Meanwhile, an impeccable source at the NBA HOUSE told CITY LAWYER that the recusal letter was today emailed to all BoB members by the NBA.

It is recalled that Olanipekun had in an interview with a national daily protested that he was not officially issued with a copy of the letter even though it had been trending on social media.

But an unimpeachable source at NBA HOUSE told CITY LAWYER that an attempt was made last Friday to deliver a copy of the letter to Olanipekun through the Body of Benchers office in Abuja but the office had closed before the courier got there.

According to the source, on the presumption that the recusal letter had been delivered to the BoB Office, the letter was posted on the National Officers’ WhatsApp platform, adding that in line with the clamour by NBA Branch Chairmen to be carried along in the association’s affairs, the letter was also posted on the branch chairmen’s WhatsApp forum. CITY LAWYER gathered that it was from one of these platforms that the letter got into the social media.

The source said it was “regrettable” that the letter went viral before a copy was delivered to the BoB chieftain, but added: “Let it be clear that there was no intention to keep the letter private in the long run.”

The source also dismissed the charge of the alleged leakage being propelled by ulterior motive, saying: “There is nothing ulterior about what the President did. The only motive is that everyone should be above board, do the right thing. It is all about perception. You will recall that two members of the Body of Benchers are due for replacement, given that two members resigned alongside the Chairman who has been replaced. Apparently, the BoB Chairman will be highly influential in the replacement process. If we want to maintain standards, stepping aside remains the desirable standard.”

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

In a letter personally signed by Akpata following the filing of the petition, NBA had urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

But Olanipekun, a former NBA President, had expressed anger against the association for allegedly making its demand public without communicating the recusal letter to him, saying it appeared there was an ulterior motive behind the action. His words: “As we talk, I am yet to get a copy of the letter. People have been calling me but I can’t react to a document that I have not seen.”

In the letter to Olanipekun dated July 22, 2022 and titled “RE: PETITION AGAINST MS. ADEKUNBI OGUNDE BY THE NIGERIAN BAR ASSOCIATION FOR ALLEGED PROFESSIONAL MISCONDUCT,” the NBA stated that it had petitioned the LPDC to penalize Ogunde “for engaging in conduct incompatible with her status as a legal practitioner and in flagrant disregard of our Rules of Professional Conduct which both the NBA and the Body of Benchers (BOB) are by their respective mandates bound to enforce as part of the disciplinary objectives of the legal profession. (Please find enclosed the Petition dated 19 July 2022).

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LPDC PETITION: BENCHERS MEET TOMORROW, SHUN NBA ‘QUIT’ LETTER TO OLANIPEKUN

The Body of Benchers (BoB), Nigeria’s regulator of the legal profession, may not discuss the demand by the Nigerian Bar Association (NBA) for its Chairman, Chief Wole Olanipekun SAN to step aside when the elite statutory group meets tomorrow.

The agenda for the meeting obtained by CITY LAWYER shows that NBA’s demand is not listed as one of the issues for discussion. The agenda was emailed to member today as a reminder for tomorrow’s meeting. The body adjourned from its last emergency meeting which held on June 21, 2022 to tomorrow.

But CITY LAWYER gathered that tomorrow’s meeting may be feisty, as some BoB members are bent on ensuring that the recusal letter is given a pride of place during the meeting.

Aside from consideration of minutes of its last meeting in June, other items listed for deliberation tomorrow under “Matters Arising” are receipt of reports from several committees including Report of the Body of Benchers Prayer Drafting Committee, Report of the Regulations Committee, Report of the Judiciary Advisory Committee and Report of the Ad-hoc Advisory Committee on amendment of the Legal Practitioners Act (LPA).

Other items listed for consideration at tomorrow’s meeting are “Report from the Screening Committee,” “Arrangements for Call to Bar Ceremony” and “Any Other Business.” The Call to Bar ceremony is scheduled to hold on Wednesday.

It was unclear at press time whether NBA’s demand for Olanipekun to recuse himself from chairmanship of the Body of Benchers will be raised before commencement of the meeting or under “Any Other Business,” even as CITY LAWYER gathered from an unimpeachable source at NBA HOUSE that NBA President, Mr. Olumide Akpata will “definitely” bring up the recusal matter during the meeting.

Olanipekun, a former NBA President, had expressed anger against the association for making its demand public without communicating the recusal letter to him, saying it appeared there was an ulterior motive behind the action.

His words: “As we talk, I am yet to get a copy of the letter. People have been calling me but I can’t react to a document that I have not seen.”

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

In a letter personally signed by Akpata following the filing of the petition, NBA had urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

In the letter to Olanipekun dated July 22, 2022 and titled “RE: PETITION AGAINST MS. ADEKUNBI OGUNDE BY THE NIGERIAN BAR ASSOCIATION FOR ALLEGED PROFESSIONAL MISCONDUCT,” the NBA stated that it had petitioned the LPDC to penalize Ogunde “for engaging in conduct incompatible with her status as a legal practitioner and in flagrant disregard of our Rules of Professional Conduct which both the NBA and the Body of Benchers (BOB) are by their respective mandates bound to enforce as part of the disciplinary objectives of the legal profession. (Please find enclosed the Petition dated 19 July 2022).

“Ms. Ogunde, the subject of the Petition, as it turns out, is a Partner at the Law Firm of Wole Olanipekun & Co. where you are a Founding Partner and remain involved in the day-to-day running of the Firm. This dynamic creates an undeniable shared and intertwined professional relationship between your goodself and the said Ms. Ogunde. Indeed, in the said Petition, we have also asked the LPDC to “…consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.

“As you know, the LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy.

“Against the backdrop of your partnership relationship with Ms. Ogunde, vis-a-vis the prosecution of the petition by the LPDC, it is clear, albeit unfortunate, that you have been put in a situation where your continued occupancy of the office during this period would conflict, or be reasonably interpreted to conflict, with or influence the processes of the LPDC, by fair-minded observers and right thinking members of the public, both within and outside our profession. By reason of your close professional ties and involvement with Ms. Ogunde, it would be an infraction of the salutary principles of natural justice for the said Petition to be heard by the LPDC while you continue as Chairman of the BOB, of which the LPDC is a committee.”

Quoting Lord Denning, Akpata noted that justice must be rooted in confidence and that confidence is destroyed when right-minded people go away thinking that the Judge is biased, adding: “Consequent upon the above, I am constrained to invite you to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.

“As a beacon of Rule of Law and due process, the NBA must continue to demonstrate that it is committed to the vision of its founding fathers, especially in its internal affairs. This situation, therefore, puts our foundational ethos as an Association on the line, and I trust that as a former President of the NBA and a very respected senior member of the Bar, you will take the honourable path of stepping-aside in the interest of justice, fairness, and posterity.

“I am pained that I have to make this call, but in the circumstance, it is in the best interest of our Association and of the legal profession in Nigeria.”

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LPDC PROBE: OLANIPEKUN SPEAKS ON NBA’S QUIT NOTICE

The Chairman of the Body of Benchers, Chief Wole Olanipekun SAN (SAN) has expressed anger over the demand by the Nigerian Bar Association (NBA) for him to step aside due to a petition to the Legal Practitioners Disciplinary Committee (LPDC) concerning his law firm.

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

Olanipekun told SUNDAY VANGUARD that he would not understand why NBA President, Mr. Olumide Akpata would write him a letter requesting him to step down as the Body of Benchers and circulate the letter on social media without serving him a copy more than 24 hours after.

According to the report, Olanipekun, a former President of the NBA, said it appeared there was an ulterior motive behind the action of the NBA President.

His words: “As we talk, I am yet to get a copy of the letter. People have been calling me but I can’t react to a document that I have not seen.”

In a statement personally signed by Akpata, NBA had urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

In the letter to Olanipekun dated July 22, 2022 and titled “RE: PETITION AGAINST MS. ADEKUNBI OGUNDE BY THE NIGERIAN BAR ASSOCIATION FOR ALLEGED PROFESSIONAL MISCONDUCT,” the NBA stated that it had petitioned the LPDC to penalize Ogunde “for engaging in conduct incompatible with her status as a legal practitioner and in flagrant disregard of our Rules of Professional Conduct which both the NBA and the Body of Benchers (BOB) are by their respective mandates bound to enforce as part of the disciplinary objectives of the legal profession. (Please find enclosed the Petition dated 19 July 2022).

“Ms. Ogunde, the subject of the Petition, as it turns out, is a Partner at the Law Firm of Wole Olanipekun & Co. where you are a Founding Partner and remain involved in the day-to-day running of the Firm. This dynamic creates an undeniable shared and intertwined professional relationship between your goodself and the said Ms. Ogunde. Indeed, in the said Petition, we have also asked the LPDC to “…consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.

“As you know, the LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy.

“Against the backdrop of your partnership relationship with Ms. Ogunde, vis-a-vis the prosecution of the petition by the LPDC, it is clear, albeit unfortunate, that you have been put in a situation where your continued occupancy of the office during this period would conflict, or be reasonably interpreted to conflict, with or influence the processes of the LPDC, by fair-minded observers and right thinking members of the public, both within and outside our profession. By reason of your close professional ties and involvement with Ms. Ogunde, it would be an infraction of the salutary principles of natural justice for the said Petition to be heard by the LPDC while you continue as Chairman of the BOB, of which the LPDC is a committee.”

Quoting Lord Denning, Akpata noted that justice must be rooted in confidence and that confidence is destroyed when right-minded people go away thinking that the Judge is biased, adding: “Consequent upon the above, I am constrained to invite you to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.

“As a beacon of Rule of Law and due process, the NBA must continue to demonstrate that it is committed to the vision of its founding fathers, especially in its internal affairs. This situation, therefore, puts our foundational ethos as an Association on the line, and I trust that as a former President of the NBA and a very respected senior member of the Bar, you will take the honourable path of stepping-aside in the interest of justice, fairness, and posterity.

“I am pained that I have to make this call, but in the circumstance, it is in the best interest of our Association and of the legal profession in Nigeria.”

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‘SBL JUST NEEDS TO KEEP MOVING,’ SAYS AYULI JEMIDE

Protocols

Good evening, Ladies and Gentlemen. Thank you for making the time to join us at the 16th NBA-SBL Annual International Business Law conference.

I appreciate the presence of our distinguished speakers and participants at this year’s conference.

A few things about this year’s conference:

1) As a central theme, we thought we should have conversations pertaining to recent developments in the business environment. A lot has been happening in the lawyering landscape that is worth talking about – from new legislations, to new trends, to recent law firm management successions, and several other topics worth talking about.

2) 2022 annual conference is SBL’s first physical annual conference since 2019 because of the COVID-19 pandemic. We thought to choose a venue capable of accommodating the number of people itching to attend a physical SBL Conference. Abuja seemed a natural choice for reasons of access and infrastructure. As expected, we had a surge of prospective attendees and had to close registration at 850 physical persons in attendance.

3) Last year we had our first female keynote speaker in the person of Wendy Okolo – Wendy Okolo is a Nigerian-American aerospace research engineer in the Intelligent Systems Division at NASA Ames Research Center. She is the first Black woman to obtain a Ph. D. degree in aerospace engineering from University of Texas at Arlington. She has also been the youngest Keynote speaker at an SBL Conference at the age of 32. This year we have decided to field yet another young and dynamic female keynote speaker in the person of Kosi Yankey Ayeh who is currently the Chief Executive Office Ghana Enterprise Agency. A full introduction will be made before she comes on stage shortly. I am not sure if our keynote speaker for today is younger than Wendy Okolo (but we cannot ask a woman how old she is, so I will leave you guessing when she comes up). In any case, we thought Kosi was a great choice as we would benefit from her experience working with small businesses both as an entrepreneur and a regulator in Ghana.

I will want to give special thanks to every single member of the Conference Planning Committee ahead for the wonderful experience at this year’s conference as we all look forward to the curated learning sessions and programs.

I must specifically mention:

1. CPC Chairman: Mr Chike Obianwu,
2. CPC Vice-Chair: Ayoyinka Olajide-Awosedo
3. Fundraising Co-Chairs: Folasade Alli, Sola Dosunmu and Mofesomo Tayo-Oyetibo, Osahon Uhuangho
4. Programs & Content Chairperson and Vice-Chairman: Bukola Bankole & Chudi Ofili
5. Technology Co-Chairmen: Rotimi Ogunyemi, Moses Faya
6. Venue and Accommodation Chairman: Perenami Momodu
7. Sponsorship Benefits Chairperson: Christine Sijuwade
8. Chair, Media & Publicity Chairmen: Theodora Kio-Lawson
9. Local Organizing Committee Chairmen: Marx Ikongbeh & Chinenye Uwanaka

For me in particular, this year’s conference is my last conference as SBL Chairman and the last Conference for SBL Council 2020 to 2022. That said, I will like to seize this opportunity to salute those former SBL Chairmen who have held the helm in the past in the sequence – George Etomi, Mfon Usoro, Gbenga Oyebode, Asue Ighodalo, Olumide Akpata and Seni Adio SAN. The NBA SBL in line with its tradition of a seamless transition will be holding elections in August 2022 and changing guards on the 25th of August 2022.

I use this time to wish the incoming brigade (Council 2022-2024) the best of luck and greased elbows. Before I close, I would like to leave them and the entire SBL community with this quote by Albert Einstein: ‘’Life is like riding a bicycle. To keep your balance, you must keep moving’’.

SBL has kept moving from inception and needs to just keep moving.

Once again thank you all for listening to my rants and for coming to dine with us today. I wish us all a productive 2 days.

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SBL CONFAB: ‘NEW TRENDS FOR ENABLING AFRICA’S STARTUPS,’ BY KEYNOTE SPEAKER

By Kosi Yankey Ayeh, Chief Executive Officer, Ghana Enterprise Agency

Introduction

I stand on all existing protocols

Distinguished Council Members of the Nigerian Bar Association Section on Business Law (NBA-SBL)

Ladies and Gentlemen

Yes there is fire on the mountain! But we are not going to run…,

The theme is so apt… its beyond us. Its about the future of this nation, the youth and your country.

1. Good evening.

2. Before I proceed, I want to make a few promises if you will permit me:

a. I will not crack any boring jokes, a
b. I will not mention anything about jollof rice
c. I wont bore you with many numbers, after all you are lawyers not statisticians

d. SO KINDLY HOLD ME TO MY PROMISES

3. First of all let me thank you all for the warm welcome. I must say from the airport to the hotel, to the conference hosts, there has not been a shortage of smiles on the faces of the people.

4. Also I would like to extend my appreciation to the chair, the one and only Ayuli, a good friend of mine.

5. I remember last week I asked Ayuli what he wanted me to say, he said tell them stories. 😊 true stories. So please bear with me cause that’s all I will be doing tonight.

Distinguished Ladies and Gentlemen

6. It’s an honour to be with you for the 16th Annual International Business Law Conference of the NBA-SBL under the Theme: “Recent Developments in the Business Law Environment”, and I am particularly delighted to be speaking on the topic: New Trends for enabling business start-ups in Africa.

7. Indeed, being in Nigeria is like being at home. Ghana and Nigeria interestingly do not have a common border but surprisingly, we have a lot of things in common. Yo state the obvious

i. We are both commonwealth countries and English is our official language

ii. all the countries sharing our borders are mainly Francophone.

iii. Our legal systems may differ a little in terms of composition, but it is fair to say the countries’ legal systems are quite similar and comprises of the English law, the common law and the customary law.

iv. Throughout my lifetime, it’s been evident that Ghana and Nigeria are two countries very comfortable with each other. Although we remain distinct in many ways, people travelling between our countries can testify that there is a shared warmth, admiration, welcome and ease of communication that makes our people feel instantly at home with each other.

v. In 2021, for instance, four major FDI projects across Ghana were of Nigerian origin.

vi. More recently, Nigeria also graciously supported Ghana’s Sports industry by granting us a safe passage to the 2022 FIFA World Cup in Qatar. I think I speak on behalf of all Ghanaian football fans when I say we remain grateful for your Super-Eagles.

8. I am very sure the similarities cut across the entire continent and we relate well with issues pertaining to the business environment.

9. For todays conference I am particularly happy for my participation in this conference for three main reasons:

10. First, the crucial place of law in underpinning innovation and entrepreneurial activities. This is because Business law helps to maintain order, establish a set of generally accepted standards, resolve disputes, and protect liberties as well as rights when it comes to business as well as its relation to its customers, government authorities, and other businesses. This also includes protection of intellectual property rights, which is critical in fostering innovation and investment.

11. Secondly, because the institution I lead, the Ghana Enterprises Agency has a huge responsibility to create jobs for the Teaming youth in Ghana and we’ve made great strides in the past few years although a lot still remains to be done.

12. And thirdly, this conference has come at a time when the Government of Ghana and other African countries have placed emphasis on building an entrepreneurial nation to spark start ups.

13. So indeed this conference and its theme is timely if we hope to spark the change we want to see.And Abuja is the place.

CAST MIND BACK TO WHEN CONFERENCE STARTED

14. When I cast my mind back to when you started this conference I was in my 20s, and my dream then was to continue the career I started on wall street as a banker.

15. Africa and Ghana was not on my mind.

16. A few months later, I visited Ghana and my mind was changed! Africa was on a growth trajectory and I craved to come back and make a change. I am not sure what my parents thought but I did not stop to ask them.
Now let me delve deeper into my story.

THE STORY; MY STORY:
17. TORONTO TO GUELPH: Fast forward 6 years later, which was 10 years ago, I was sitting in a bus with a friend from Toronto to Guelph in Canada when I woke my sleeping friend up frantically after I had what I believe was an epiphany. “I have an idea I told her?” I’m going to raise US$ 500 million as a fund to the youth of Africa and grow businesses out of slums and ashes.” She responded: “Great wake me up when you figure out how to raise the funds.” It was at that point that I knew the challenge was on. At that time I was in Canada to design a multi- million dollar project for the youth in cocoa and the funder had accepted the proposal and as we worked on the next phase of the project, I realized I was hungry for more, and that was the US$500 million. That was why I had moved back to Ghana, Africa.

18. MASTERCARD FOUNDATION: The next day I went back to the office of the foundation I had pitched to and the COO walked up to me and said “I see the passion and I would like to support you.” I will work with you to raise the funds but on condition that you go back to school. Not just any school but Harvard!!!

19. DROPPING OUT OF LAW SCHOOL: Why would I want to go back to school. I asked myself, I’m doing just great. Six months after I returned to Ghana, I thought about it and made a decision. The first thing I did which you will all not be proud of me for, was that I withdrew from law school in Ghana much to the distress of my dean and applied to Harvard 24 hours to the deadline of the application.

20. I GOT INTO HARVARD!

21. HARVARD KENNEDY SCHOOL: I was very strategic with the courses I wanted to take and the three that are important to discuss are: i) the making of a politician ii) sparking social change iii) from Harvard square to oval office.

To see the change you wanted, you needed to be there to create that change. Women in politics support and finding a seat at the table.

22. POLITICAL VICTORY: A year after, my admission, one of your first Ghanaian speakers became president. On a lighter note, I’m beginning to wonder if this platform creates Ghanaian Presidents. He gave me the opportunity to serve in his administration. Although I hesitated initially I grabbed the bull by the horn and run with it.

23. TRANSFORMATION OF NBSSI TO GEA: I took up the most obscure institution the National Board for Small Scale Industries. Even the President asked if I was sure this was the institution I wanted to run. I was clear in my mind what I could do and what I wanted. For 20 years everyone wanted to change the ACT. Three different documents. What changed? The policy, the bill and the act. We need to create the law and implement it. This was to create the enabling environment. Bring the stakeholders to the table. To enable business startups in Africa and in Ghana something had to be done.

24. This was done at the right time because the world changed a few months after the transformation.

25. COVID 19 AND OTHERS

26. Ladies and Gentlemen
The coronavirus (COVID-19) outbreak has caused a health emergency around the world, which affected many businesses with some of them completely staying out of business. Trade, investment, growth, and employment are all affected, and the crisis has reversed the achievement of the UN Sustainable Development Goals. At the same time, the Russia-Ukraine war is having an outsized impact on the global supply chain, impeding the flow of goods, fueling dramatic cost increases and product shortages, and creating catastrophic food shortages around the world, leaving little room for countries to maneuver.

27. Ladies and Gentlemen – YOUTH UNEMPLOYMENT
Now this is where the matter becomes critical. Because before COVID, and before the Russian-Ukraine war, Youth unemployment had been one of the biggest challenges confronting Governments in Africa, where there is little or no economic opportunities for our teeming youth. In 2020, Africa’s population under 35 represented almost a billion people, amounting to 22.7% of the world’s total youth population, the second largest after Asia’s (58.0%), according to the Mo Ibrahim Foundation.

28. Ladies and Gentlemen – YOUTH GROWTH

29. By the year 2100, it is estimated that Africa’s youth will grow by 181.4%, to twice
Europe’s entire population and almost one half of the world’s youth will be from Africa. By the estimates, by 2030, 30 million young people are expected to enter the African labour market each year. In sub-Saharan Africa alone, while 18 million new formal jobs would be needed annually to absorb new entries into the labour market. Only 3 million are currently being created.

30. The consequences of youth unemployment in Africa are pervasive and severe: unemployment translates to poorer living conditions, fuels migration out of Africa, and contributes to conflict on the continent itself. Above all, youth unemployment constitutes a failure to capitalize on one of the continent’s greatest assets for growth: its large and growing population of talented young people. So obviously we are sitting on a time bomb ready to explode. We really require

31. Fundamentally, the challenges we face today have changed the traditional context for decision-making across our homes, businesses, and governments.

32. Are we prepared?

COVID and MSMEs

33. Perhaps the first of the many lessons that the past two years have taught us, particularly those of us in Government, is that our economic prospects hinge on shoring up our enterprise and social support systems.

34. Indeed, for us to build back better in a post-COVID landscape, it has become even more urgent that we create the means for our people to succeed economically and socially.

35. At its core, this will require a renewed emphasis on creating an enabling environment for our enterprise ecosystem (i.e. MSMEs and Startups) to flourish.

36. This focus on fostering enterprise is an informed one. Pre-pandemic, 22% of the working-age population in Africa had set up their own businesses. Here, in Nigeria, an estimated 43.31% of GDP is from MSMEs. Essentially, local businesses employ 87.9% of the labour force.

37. The same rings true in Ghana. Our MSMEs are said to contribute 70% of our GDP. For this reason, one of our most significant concerns was mitigating the impact of the pandemic on the livelihoods of the millions of our traders and local businesses.

38. I am particularly proud that through initiatives such as the Cap-Buss programme, my institution, the Ghana Enterprises Agency, supported 758,251 MSME jobs and disbursed close to $200 million in emergency relief to small businesses across Ghana.

39. Still, more must be done.

Harnessing the Continent’s Startup potential

40. Undeniably, we must leverage the talents and ingenuity of our young people. I believe that by boosting the entrepreneurial power of young people, we can:

a. Create innovative and modern businesses
b. Increase the capacity for our businesses to compete regionally and globally
c. Attract more FDI
d. Contribute significantly towards job creation and resilient economic growth, and certainly,
e. Accelerate living standards and social progress

41. Undoubtedly, supporting our startups and MSMEs will generate first-rate opportunities for impact and innovation and boost our post-pandemic recovery.

42. As I see it, our primary challenge involves creating a supportive environment for our businesses, especially our startups, to grow.

43. I singled out startups because the African startup scene is booming. And so long as governments fail to provide efficient public service delivery, startups will try and fill those gaps.

44. On the African continent today, Nigeria has become the shining light regarding startups and the development of innovative products to address challenges in the continent.

45. From fintech to educational technology, young innovators are breaking new ground. Just like you have done in the entertainment sector.

46. Unsurprisingly Nigerian startups are attracting more foreign investors. Last year alone, Nigerian tech startups were reported to have attracted over $150 billion in investor interest. Indeed, Nigeria and South Africa accounted for 28% of the total venture capital funding that came into the continent.

47. As I see it, our chance to transform the rest of Africa into a “startup superpower” hinges on making far-reaching progress along several structural trends that have previously inhibited progress.

48. The fact is that sub-Saharan Africa remains one of the lowest-performing regions according to the World Bank’s Ease of Doing Business ranking.

49. Indeed, according to the Tony Blair Institute for Global Change, an entrepreneur in a low-income economy typically spends around 50% of the country’s per-capita income to launch a company, compared with just 4.2% for an entrepreneur in a high-income economy.

50. New Trends for enabling business start-ups.

51. In that regard, concerted action must be taken to improve the business environment by introducing clear legislation promoting ease of business as well as the start up act bill.

52. I believe that with a supportive business environment, we can then lay out a roadmap toward building thriving, competitive ecosystems that generate world-changing innovations.

53. Indeed, more connected ecosystems through innovations such as cross-border payments systems should make it easier and more affordable for our startups to benefit from networks that connect founders, hubs and government bodies.

54. Such connected networks dovetail finely into the African Continental Free Trade Area, which is a gamechanger for all our MSMEs.

55. A single market of 1.3 billion consumers will allow our firms to diversify, specialize and benefit from economies of scale, making them more productive and competitive.

56. Not to mention, the AfCFTA also has the potential to lift at least 30 million people on our continent out of extreme poverty and raise the incomes of an estimated 68 million people that live on less than $5.50 per day.

57. Essentially, our governments must push to implement the AfCFTA fully. At the same time, concerted action is required on infrastructure, skills and even start-up-visa initiatives to retain and attract talent into our local economies.

58. Crucially, we must also ensure that we use the present “momentum for technology” to close funding gaps for startups across the continent.

59. In years to come, we will look back at 2020 as the moment we truly entered the digital era.

60. Undoubtedly, the era of “big-tech” is here to stay. As such, we must leverage digital solutions to accelerate the development of our enterprise ecosystems and remedy long-standing challenges with the perceived riskiness of African businesses.

61. With these concerns applying to domestic and international investors, we must leverage technology to address information deficiencies and work alongside policymakers to develop financing vehicles that reduce risks and unlock capital from corporate and institutional investors.

62. The case for action is clear: our start-ups are undoubtedly a critical lever of economic and social development.

63. From a “Government perspective”, our task will be to implement a coherent economic policy that opens and connect markets and generates opportunities for our burgeoning youth populations.

64. As a former Wall Street analyst, I can tell you that investors are deterred by a lack of reliable information, fluctuating exchange rates, and weak regulatory and legal systems.

65. It is on the subject of weak regulatory and legal systems that I will task this noble association to increase its efforts to enforce the laws pertaining to businesses in this country.

66. This is echoed more succinctly by Albert Einstein when he says and I quote “Nothing is more destructive of respect for the government and the law of the land than passing laws that are not enforced” set up strong institutions to enforce the laws.

67. When such strong regulatory and legal environment is created viz-a-vis the famed resilient spirit of the Nigerian Entrepreneur, we can only imagine how Nigerian Start-ups will take over the world and create jobs for our teeming youth. Of course Nigeria is already taking over the world with its music why can’t its start-ups?

68. The instruments for creating a strong legal environment are all in this association, lawyers, prosecutors, judges and even some politicians. This is a task no one can do but you as the NBA. This will prepare a favourable landscape for the Nigerian entrepreneur to thrive and reach their full potential

69. If current positive trends are sustained, I believe the private and public sectors can work together to redistribute risk and enhance financing flows to our innovators and entrepreneurs. Our goal must be to encourage enterprise within the context of fairness and social progress.

70. GHANA GOVERNMENT AND YOUSTART INTERVENTIONS

71. Between 2017 to 2021, GEA, provided various interventions to over 680,000 persons with more than 60% of these beneficiaries being women. The support included business formalization, access to finance, improvement in productivity, and market access among others, and we are doing our bit, preparing businesses to take advantage of the African Continental Free Trade Area by forming partnerships with relevant institutions to provide support to MSMEs in branding and packaging, e-Commerce and product certification through the Food and Drugs Authority (FDA) and the Ghana Standards Authority (GSA).
72.
73. For specifics, allow me to share some of the key highlights of our achievements in some of the projects we have implemented:
74. CAPBUSS
75. YAW
76. OVER 700,000 JOBS SUSTAINED
77. SALES INCREASED 22%
78. MOBILE MONEY 65%

79. Ultimately, we should all be proud of the achievements of our startups and MSMEs and be confident that their destination will be one toward success and prosperity so long as we ensure that our regulations and financing vehicles promote the growth of our businesses.

80. With 10 million–12 million African youth entering the workforce each year, we cannot neglect away from our responsibility to ensure that more startups with big dreams emerge in Nigeria and elsewhere in Africa.

81. I LEAVE THIS FOR ALL OF US TO THINK THROUGH:

HOW DO WE SPARK UP AND START UP A RISING GENERATION? IT RESTS ON ALL OF US. WE HAVE TO GIVE OUR YOUTH A BREAK. THEY NEED IT AND THEY WANT I. WE NEED TO MAKE THEM ACHIEVE IT. IF NOTHING AT ALLTHAT OUR PURPOSE IEN THIS WORLD. TO SPARK UP THE NEXT GENERATION TO START UP WHERE WE COULD NOT DO SO AND IT MAINLY RESTS ON THE LAW AND WHAT WE DO WITH THE LAW AND ADVOCATE FOR.

82. Thank you for your attention

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‘REJIG YOUR TEAM TO TACKLE INSECURITY,’ NBA RIGHTS GROUP TELLS BUHARI

The Human Rights Institute of the Nigerian Bar Association (NBA-HRI) has challenged President Mohammadu Buhari to tackle the insecurity ravaging the country by rejigging his team.

In a statement made available to CITY LAWYER following its First Human Rights Summit held at the NBA House, Abuja on July 15, 2022, NBA urged Buhari to “recalibrate his team and find immediate solution to the insecurity situation, which is one of the promises he made to Nigerians for his election.”

The summit noted that Buhari’s primary constitutional responsibility as President and Commander in Chief of the Armed Forces is security of lives and property and warned that if the president failed to resolve the crises of insecurity in the country, “then history will reckon that he has failed the Nigerian people.”

The summit, attended in-person and virtually by over 450 lawyers from across the country, recounted that every part of Nigeria is currently experiencing massive attacks by terrorists, bandits, kidnappers and other criminal gangs, and the law enforcement agencies appear overwhelmed and helpless as only very few of the perpetrators are arrested and prosecuted.

According to the statement, “The summit was worried that the Correctional Service Center(prison) in Kuje, Abuja, was attacked by armed men for almost three hours, at the end of which over 600 prisoners, including terrorist suspects, were forcefully released. Before then, the country was shocked by terrorist attack on worshippers in a church in Owo, Ondo State, in which over 35 people were massacred. Similar fatal attacks had, within the past few weeks, occurred in Kaduna and other parts of the country.

“The summit also recalled that it is now over seven years that the Chibok school girls were abducted from their school by Boko Haram terrorists, and many of them are yet to be returned. Survivors of numerous abductions and kidnappings across the country pay millions of naira in ransom to secure their release, and most are killed or still remain in captivity, including hundreds of passengers kidnapped on the Kaduna-Abuja train, are yet to be released after over one hundred days of the attack.

“The summit noted that under section 14(2)(b) of the Constitution of the Federal Republic of Nigeria 1999, the security and welfare of the citizens is the primary purpose of government. The responsibility of the government is therefore to protect the citizens from violations of their rights including the right to life.

“President Buhari, as the commander-in-chief of the armed forces, has the primary responsibility to ensure that this constitutional obligation of his government is carried out. Where he fails to do so, as it seems at the moment, then there is a failure of governance.

“Nigerians now live in terrifying fear of their lives. On daily basis, there are news of unlawful killings across the country. Despite huge sums of money spent on security and law enforcement, including huge military spending and billions of Naira as security votes by state governors, there are little or no results in tackling criminals and terrorists, and safeguarding the lives and properties of the citizens. The country continues to be unsafe and insecure, and the insecurity situation deteriorates.

“The Summit was also concerned that without a secured polity, Nigeria will be unable to successfully and peacefully conduct the forthcoming general elections in 2023. The insecurity situation is therefore a huge threat to Nigeria’s democracy, and portends great danger to the future of the Nigerian State and its governance. “How can elections be held in 2023 when every part of the country is unsafe’ said one participant at the Summit.

“The summit concluded that the President must recalibrate his team and find immediate solution to the insecurity situation, which is one of the promises he made to Nigerians for his election. If he fails to do so, then history will reckon that he has failed the Nigerian people.”

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NBA ASKS OLANIPEKUN TO ‘STEP ASIDE’ AS BENCHERS CHAIR OVER LPDC PROBE

The Nigerian Bar Association (NBA) has asked its former President and current Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside from the office following a petition to the Legal Practitioners Disciplinary Committee (LPDC) demanding sanctions against him and partners in his law firm over alleged professional misconduct.

The Legal Practitioners Disciplinary Committee is an organ set up by the Body of Benchers to discipline legal practitioners.

In a statement personally signed by NBA President, Mr. Olumide Akpata, the association urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm.

In the letter to Olanipekun dated July 22, 2022 and titled “RE: PETITION AGAINST MS. ADEKUNBI OGUNDE BY THE NIGERIAN BAR ASSOCIATION FOR ALLEGED PROFESSIONAL MISCONDUCT,” the NBA stated that it had petitioned the LPDC to penalize Ogunde “for engaging in conduct incompatible with her status as a legal practitioner and in flagrant disregard of our Rules of Professional Conduct which both the NBA and the Body of Benchers (BOB) are by their respective mandates bound to enforce as part of the disciplinary objectives of the legal profession. (Please find enclosed the Petition dated 19 July 2022).

“Ms. Ogunde, the subject of the Petition, as it turns out, is a Partner at the Law Firm of Wole Olanipekun & Co. where you are a Founding Partner and remain involved in the day-to-day running of the Firm. This dynamic creates an undeniable shared and intertwined professional relationship between your goodself and the said Ms. Ogunde. Indeed, in the said Petition, we have also asked the LPDC to “…consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.

“As you know, the LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy.

“Against the backdrop of your partnership relationship with Ms. Ogunde, vis-a-vis the prosecution of the petition by the LPDC, it is clear, albeit unfortunate, that you have been put in a situation where your continued occupancy of the office during this period would conflict, or be reasonably interpreted to conflict, with or influence the processes of the LPDC, by fair-minded observers and right thinking members of the public, both within and outside our profession. By reason of your close professional ties and involvement with Ms. Ogunde, it would be an infraction of the salutary principles of natural justice for the said Petition to be heard by the LPDC while you continue as Chairman of the BOB, of which the LPDC is a committee.”

Quoting Lord Denning, Akpata noted that justice must be rooted in confidence and that confidence is destroyed when right-minded people go away thinking that the Judge is biased, adding: “Consequent upon the above, I am constrained to invite you to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.

“As a beacon of Rule of Law and due process, the NBA must continue to demonstrate that it is committed to the vision of its founding fathers, especially in its internal affairs. This situation, therefore, puts our foundational ethos as an Association on the line, and I trust that as a former President of the NBA and a very respected senior member of the Bar, you will take the honourable path of stepping-aside in the interest of justice, fairness, and posterity.

“I am pained that I have to make this call, but in the circumstance, it is in the best interest of our Association and of the legal profession in Nigeria.”

It was unclear at press time whether Olanipekun has received the letter from NBA.

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EXCLUSIVE: NBA ASKS LPDC TO SANCTION OLANIPEKUN, PARTNERS OVER AJUMOGOBIA’S MISCONDUCT CLAIMS

The Nigerian Bar Association (NBA) has urged the Legal Practitioners Disciplinary Committee (LPDC) to sanction the Chairman of the Body of Benchers, Chief Wole Olanipekun, SAN and other partners in his leading law firm for professional misconduct, CITY LAWYER can authoritatively report.

In a petition, THE INCORPORATED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION AND ADEKUNBI OGUNDE, ESQ. filed yesterday at the LPDC, NBA urged the LPDC to “consider whether the partners of the firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a partner, and indeed acted for and on behalf of the said firm.”

The association also dragged a Partner in the law firm, Ms. Adekunbi Ogunde to the committee over the controversial email she allegedly wrote to an international oil company seeking a brief.

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ogunde and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

In the petition obtained by CITY LAWYER and numbered as BB/LPDC/901/2022, NBA 1ST Vice President, Mr. John Aikpokpo-Martins stated that he was applying “on behalf of the Applicant that ADEKUNBI OGUNDE of WOLE OLANIPEKUN & CO of God’s Grace House, 5, Maple Close, Osborne Foreshore Estate Phase 11, Ikoyi, Lagos be required to answer to the allegations contained in the Statement/Affidavit which accompanies this Application and that such Order be made as the Committee shall think right.”

Filed on behalf of the Incorporated Trustees of the Nigerian Bar Association and dated July 19, 2022, the petition was titled “PETITION AGAINST ADEKUNBI OGUNDE, ESQ., A NIGERIAN LAWYER DULY CALLED TO THE NIGERIAN BAR WITH HER NAME ON THE ROLL OF LAWYERS KEPT IN THE SUPREME COURT FOR THE VIOLATION OF THE EXTANT RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS (RULE 1 OF THE RPC) BY SOLICITING FOR BRIEFS AND PEDDLING THE INFLUENCE OF THE PRINCIPAL PARTNER OF HER LAW FIRM CHIEF WOLE OLANIPEKUN, SAN AS HAVING THE ABILITY TO EXTRA-LEGALLY INFLUENCE DECISIONS OF COURTS IN NIGERIA BEING THE CHAIRMAN OF THE VERY DISTINGUISHED BODY OF BENCHERS THEREBY PUTTING THE ENTIRE LEGAL PROFESSION TO NATIONAL AND INTERNATIONAL PUBLIC RIDICULE AND ODIUM.”

In the Statement of Facts accompanying the application, NBA noted that Ogunde is “expected to exhibit and maintain a very high standard of conduct, professionalism, respect for the integrity of court and the judicial process when discharging her professional duties and responsibilities to clients, the legal profession and members of the general public.”

The Applicant however stated that “Sometime in the month of June 2022, members of the legal profession and indeed the general public were rudely confronted with unbelievable reports in the social media of a letter alleged to have originated from the very esteemed and revered office of Wole Olanipekun & Co and authored by the Respondent.”

Continuing, the Applicant stated that “In the said letter, the law firm of Wole Olanipekun & Co unprofessionally and surreptitiously solicited for a brief from Saipem SPA, an international conglomerate known (knowing that another firm of lawyers was handling the said brief in the court) and further shamelessly touted the supposed overriding influence of the principal partner of her firm, Chief Wole Olanipekun, SAN, the current chairman of the very revered and distinguished Body of Benchers, and a very respected past President of the Applicant herein.”

Citing the letter from Ogunde to Mr. Francesco Ciao of Saipem SPA, NBA stated that “Members of the legal profession particularly members of the Applicant were very disturbed by this infamous letter alleged to have originated from arguably one of the most successful, biggest, respected and most distinguished law firms in Nigeria,” adding that its hope that the allegations contained in the letter were “false, misleading and outright mischief orchestrated by some rabble-rousers” was dashed by letters from the law firm of Wole Olanipekun & Co apologizing for the action of the Respondent and disclaiming her.

According to NBA, “While the members of the legal profession in particular and the national and international public were attempting to come to terms with what has now obviously become the most infamous letter ever written by a lawyer and/or a law firm in the history of the legal profession in Nigeria, the respondent published a letter on the social media admitting the allegations, but sought only to exculpate her law firm from the now most infamous conduct allegations within the legal profession ever in Nigeria.”

Justifying the filing of the application, the NBA stated that “The entire members of the Applicant arising from their comments on the social media and calls to the President of the Nigerian Bar Association have been feverishly and fervently demanding and calling on the Applicant to rise up and refer the Respondent and the partners of Wole Olanipekun & Co. to the Legal Practitioners’ Disciplinary Committee for gross and grave professional misconduct that brought unprecedented shame, ridicule, opprobrium and odium on the entire administration of justice system and the legal profession in Nigeria.”

NBA urged the LPDC “to immediately commence the disciplinary process and prosecute ADEKUNBI OGUNDE Esq. for the violation of the sacred provisions of the Rules of Professional Conduct, particularly Rule 1 thereof.”

The NBA Trustees then asked the LPDC to “consider whether the partners of the firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a partner, and indeed acted for and on behalf of the said firm.”

Accompanied by a 16-paragraph “AFFIDAVIT OF FACTS IN RE: THE PETITION OF THE NBA AGAINST ADEKUNBI OGUNDE, ESQ.” dated July 19, 2022 and deposed by Aikpokpo-Martins, the Applicant urged “your quick consideration of this Petition.”

It is recalled that the Respondent had in a Press Release on the controversy titled “RE: CITY LAWYER MAGAZINE PUBLICATION WITH THE TITLE – AJUMOGOBIA ACCUSES OLANIPEKUN’S LAW FIRM OF MISCONDUCT; AND ALL OTHER RELATED PUBLICATIONS IN THE SOCIAL MEDIA” acquitted Olanipekun and the law firm from any blame.

It was unclear at press time whether the petition has been communicated to the Respondent.

The LPDC is a committee of the Body of Benchers.

CITY LAWYER recalls that the Olumide Akpata-led NBA had also dragged an unnamed Senior Advocate of Nigeria and six other lawyers to the LPDC over their alleged roles in a series of conflicting ex-parte court orders issued by some  courts.

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‘NBA ELECTION 2022 MOST SUSCEPTIBLE TO RIGGING,’ SAYS GADZAMA

One of the leading candidates in the just concluded Nigerian Bar Association (NBA) Elections, Chief Joe-Kyari Gadzama SAN has alleged that ElectionBuddy, the electronic voting platform deployed for the elections, “was highly vulnerable and most susceptible to electronic fraud, rigging and pre-programming of votes.”

In a statement made available to CITY LAWYER, Gadzama also stated that a report by his ICT consultant dated Monday, July 18, 2022 “also shows that there is a high likelihood that the system could be hacked and manipulated.”

He stated that “A follow-up report by my agent dated Wednesday, July 20, 2022 confirms that this occurrence was more than likely,” adding that “I have been advised that this is why the percentage score among all the three Presidential candidates remained within the same range from the commencement of voting till the end. This, as I have been advised, is not human behavior but mechanical.”

Gadzama stated that though one Mr. Mohammed Mustapha, an ICT specialist, had applied to act as the Technical Support Consultant (TSC) to the Electoral Committee of the NBA (ECNBA), “the ECNBA did not list his company as one that had applied; rather only two companies were listed before one was selected to provide the consultancy.”

The full text of the statement is below.

PRESS RELEASE ON THE JUST-CONCLUDED NBA NATIONAL ELECTION

Introduction
As you may recall, the National Election of the Nigerian Bar Association (‘NBA’) was concluded on Saturday, July 16, 2022.

My utmost appreciation goes to the members of the Electoral Committee of the NBA (‘ECNBA’) who conducted our election. I respect each of them and commend their efforts. I equally salute all the contestants who vied for various positions.

Pre-Election
It is pertinent to state that before the conduct of the election, my agent – Mr Andrew Madaki tested the vulnerability of the website to conduct the election – electionbuddy.com. The report, which is attached to this release, shows that the website was susceptible to manipulation.

Thereafter, my agent and other agents present raised some of these concerns during the press briefing conducted by the ECNBA on the eve of the election.

Voting
During the conduct of the election, my agent discovered numerous irregularities and expressed same by a letter sent via email to the ECNBA at 2:00 pm. The same is attached to this release. In the email, he reported the frequent timeouts experienced by the site, lack of access to the backend of the server, lack of graphical representation of the results and ultimately requested to audit the election, which the ECNBA promised to provide immediately.

Post-Election
After the conduct of the election, my agent sent a reminder to the ECNBA on Sunday, July 17, 2022 to audit the election and discover if there were more irregularities but same has not been provided by the ECNBA.

After the conduct of the election, my agent engaged another IT specialist to test the server. The report of the specialist which was dated Monday, July 18, 2022 also shows that there is a high likelihood that the system could be hacked and manipulated. A follow-up report by my agent dated Wednesday, July 20, 2022 confirms that this occurrence was more than likely. I have been advised that this is why the percentage score among all the three Presidential candidates remained within the same range from the commencement of voting till the end. This, as I have been advised, is not human behavior but mechanical.

It is important to re-iterate that auditing the election will permit independent parties and agents to discover if there were any technical interferences to usurp the will of the electorate. This access is expected to have been provided immediately after the conclusion of the poll to prevent any party from tampering with the system.

Pre-Qualification of Technical Consultant to ECNBA
On Friday, June 24, 2022, I invited numerous IT specialists to advise me. One of them was Mr Mohammed Mustapha who I asked to provide information security and communication strategy in the just-concluded NBA Election; however, on Monday, June 27, 2022, Mr Mustapha declined my offer as a result of conflict of interest because he had earlier applied to the ECNBA to act as a consultant. After declining my request, Mr Mustapha informed me that although he had applied to be a consultant to the ECNBA before the deadline, the ECNBA did not list his company as one that had applied; rather only two companies were listed before one was selected to provide the consultancy. The two referenced letters are attached.

Also attached to this release are: (i) the notice released by the ECNBA asking for proposals for a technical consultant titled ‘Request for Proposal for Technical Support Consultant to the ECNBA – Submission Reminder Notice’, (ii) acknowledged copy of the bid by Mr Mustapha titled ‘Re: Request for Proposal for Technical Support Consultant to the ECNBA’ received by the ECNBA at 3:35 pm on 22/4/22, and (iii) the notice displaying companies that applied titled ‘Respondents to Request for Proposal for Technical Support Consultant’.

Conclusion
On the whole, and in view of the above facts and attached documents, it is clear that the technology adopted was highly vulnerable and most susceptible to electronic fraud, rigging and pre-programming of votes. I hereby call upon the ECNBA to allow an immediate audit of the election and server.

Dated this Wednesday, the 20th day of July, 2022

____________________________¬¬_
Joe-Kyari Gadzama OFR, MFR, SAN
Presidential Candidate

ENCLS:
1. Vulnerability report dated Sunday, July 10, 2022;
2. Complaint letter dated Saturday, July 16, 2022;
3. Email reminder to the ECNBA on Sunday, July 17, 2022;
4. Vulnerability report dated Monday, July 18, 2022;
5. NBA National Elections 2022: Report dated Wednesday, July 20, 2022;
6. Provision of information security and communication strategy for the forthcoming NBA election dated Friday, June 24, 2022;
7. Re: Provision of information security and communication strategy for the forthcoming NBA National Elections dated Monday, June 27, 2022;
8. Request for proposal for technical support consultant to the ECNBA – Submission Reminder Notice dated April 21, 2022;
9. Re: Request for Proposal for Technical Support Consultant to the ECNBA dated April 22, 2022; and
10. Respondents to Request for Proposal for Technical Support Consultant dated April 25, 2022.

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‘10,877 DELEGATES HAVE REGISTERED FOR AGC,’ SAYS TOBENNA EROJIKWE

No less than 10,877 delegates have registered for the forthcoming Nigerian Bar Association Annual General Conference (NBA AGC) holding in Lagos next month.

According to a statement made available to CITY LAWYER, the figure has outstripped the total number of delegates for the same period in 2019 and 2021 conferences.

In an update on preparations for the Annual General Conference, the Chairman of the Technical Committee on Conference Planning (TCCP), Mr. Tobenna Erojikwe said: “For the 2019 NBA-AGC, by the end of the early bird registration window, which factored in a 1-week extension, 9,796 delegates had registered for the conference. For the 2021 NBA-AGC, this figure was 8,686 delegates also with a 1-week extension. However, by midnight on Monday 18th July 2022, after the early bird registration window closed, a total of 10,877 delegates had registered for the conference. Put differently, with a month to the conference, we have already exceeded the total number of delegates for the 2021 NBA-AGC. The numbers continue to rise notwithstanding the close of the early bird registration window.”

He ruled out extension of the Early Bird window, and warned that the committee may be forced to close registration as the conference is almost oversubscribed already, though the virtual option remains available. His words: “It is in light of the foregoing, dear colleagues, that it became impossible to extend the early bird registration window. Further and regrettably, there is serious likelihood that we might soon be constrained to close all registration outright as the conference spaces are almost oversubscribed.”

Below is the full text of the statement.

Dear Colleagues

1. It is exactly 30 days to the start of the 62nd Annual General Conference of the Nigerian Bar Association (NBA-AGC) billed to take place from 19th – 26th August 2022 at the Eko Atlantic City, Victoria Island Lagos State with the theme, ‘BOLD TRANSITIONS’.

2. I wish to commence this update by expressing, on behalf of the Technical Committee on Conference Planning (TCCP), our sincere gratitude to you for the overwhelming confidence that you have bestowed on us and the unprecedented interest you have shown in this year’s NBA-AGC as illustrated by the impressive registration figures recorded so far.

3. As you are all aware, on 12th June 2022, registration for the NBA-AGC commenced with an early bird registration which ended on 17th July 2022. The TCCP sincerely sympathises with our members who were, for various reasons, unable to take advantage of the early bird registration window to enjoy huge discounts in the registration fees. Although we received various genuine requests for extension, the TCCP carefully explored all possibilities to extend the window but, for the reasons provided below, it was logistically impossible to extend the window.

4. In fixing the early bird registration window, we took into account the fact that previous windows had historically been fixed for approximately 4 weeks with an extension typically lasting for 7 days. We therefore fixed an early bird registration window of 6 weeks to allow enough time for our members to take advantage of the discounted rates.

5. In terms of planning and logistics, we have been consistent in our communications that we anticipate an increase in the number of delegates for the 2022 NBA-AGC from circa 11,000 delegates to 13000 delegates physically present and unlimited virtual participants. It is on the basis of this figure that we have been planning this Conference. We also arrived at this figure of 13,0000 after considering various factors chief among which were historical attendance figures and of course conference costs.
6. By way of comparison, at the last NBA-AGC held in the pre-Covid era, in 2019, and incidentally in Lagos, there were a total of 11694 delegates without the option of virtual participation. For the 2021 NBA-AGC which held in Port Harcourt, a total of 10,147 delegates registered for the conference, inclusive of virtual delegates. It was for the above reason what we increased the capacity to 13,000 while also making adequate arrangements for virtual delegates to enjoy a similar experience from the comfort of their homes or offices.

7. As noted above, we anticipated an increase in the number of delegates that would be interested in physically attending this year’s conference due to a number of factors including perhaps the positive record and members-oriented programmes of the Olumide Akpata administration, the reduction of the conference fees, and the exciting line up of sessions and events for this year’s NBA-AGC. With the benefit of hindsight, I have to now admit that despite our most optimistic projections, we did not anticipate the huge spike in the figures.

8. For the 2019 NBA-AGC, by the end of the early bird registration window, which factored in a 1-week extension, 9,796 delegates had registered for the conference. For the 2021 NBA-AGC, this figure was 8,686 delegates also with a 1-week extension. However, by midnight on Monday 18th July 2022, after the early bird registration window closed, a total of 10,877 delegates had registered for the conference. Put differently, with a month to the conference, we have already exceeded the total number of delegates for the 2021 NBA-AGC. The numbers continue to rise notwithstanding the close of the early bird registration window.

9. The above numbers have not factored in the number of registration slots that we must of necessity allocate to our resource persons; our sponsors as part of the sponsorship package we already advertised and are duty bound to deliver; as well as our colleagues who are legal officers in the Ministries, Departments and Agencies of governments whose registration are usually delayed by the bureaucratic bottle-neck for which our various governments are notorious.

10. It is in light of the foregoing, dear colleagues, that it became impossible to extend the early bird registration window. Further and regrettably, there is serious likelihood that we might soon be constrained to close all registration outright as the conference spaces are almost oversubscribed. Consequently, while we are not oblivious to the harsh economic climate that pervades the country at this time, we must nevertheless call on our members who are desirous of attending the conference physically to endeavour to register for the conference in the coming days. I will endeavour to give one last notice before we hit our maximum capacity for the conference.

11. Nonetheless it is important to restate that we have made adequate arrangements for our members to take advantage of a virtual option and also enjoy a similar experience at the conference. The virtual platform has a capacity to accommodate 30,000 conference delegates and the window to register for the conference through the virtual option remains open until the eve of the conference.

12. In ending, let me once again thank you for your understanding and cooperation and look forward to a memorable 2022 NBA-AGC.

Tobenna Erojikwe
TCCP Chairman

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‘MAIKYAU, BALA, OTHERS WON’T BE SWORN IN IF…,’ SAYS APPEALS C’TE

The 2022 NBA Election Appeals Committee (NBA-NEAC)  has vowed that no elected candidate from the recent NBA Elections would be sworn in until it has decided any petition against the elected officer.

The NBA-NEAC stated this in its Guidelines for filing petitions on the elections.

According to the Committee, “The decision of the NBA-NEAC shall be rendered, and notified in writing to the Petitioner and the Respondents, before the swearing-in of the elected National Officers or before the
Representatives of the Association in the General Council of the Bar takes office.”

NBA-NEAC however stated that “whenever the circumstances dictate, the Committee may reserve its right to defer giving the full reasons for its decision to a later date.”

The statement reads: “As you already know, the election into the National Executive Committee of the Nigerian Bar Association (NBA) and the General Council of the Bar (GCB), took place on Saturday, the 16th day of July 2022. The result of the election was consequently announced on Sunday, the 17th day of July 2022.

“In line with the provisions of Section 14(1)(L) of the NBA Constitution 2015 (as amended in 2021), the NBA President, Mr. Olumide Akpata had set up the 2022 NBA Election Appeals Committee (NBA-NEAC) with the mandate to amongst other responsibilities, receive and determine complaints and disputes (Petition) from candidates who took part in the elections of National Officers and Representatives of the NBA in the GCB.

“It is expected that a Petitioner shall send his/her Petition with supporting documents to NBA-NEAC by email to electionappeal@nigerianbar.org.ng within Ten (10) days of the announcement of the election results by the ECNBA.”

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NBA BRANCHES TO SPONSOR 100 YOUNG LAWYERS TO SPIDEL CONFAB

The eagerly awaited 2022 Annual Conference of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) received a major boost at the weekend as five NBA branches based in Abuja have agreed to sponsor 100 young lawyers to the conference.

Though the annual conference was originally billed to hold in Sokoto, it was postponed due to the uncertainty surrounding the killing of Miss Deborah Yakubu. The conference will now hold at NBA HOUSE, Abuja from 3rd to 5th August, 2022. The theme of the conference is “The Undermining of Judicial Authority in Democracy.”

According to the Alternate Chairman/LOC Chairman, Dr. Princess Frank-Chukwuani, the branches that made the joint pledge at the recent Local Organising Committee (LOC) meeting are Abuja, Bwari, Gwagwalada, Nyanya/Karu and Garki.

Chukwuani noted that palpable excitement has enveloped the branches since the news of the sponsorship broke, adding that “It is our own way to promote public interest advocacy among young lawyers and ensure that we continue to populate the body of lawyers who are poised to defend human rights and rule of law in Nigeria.”

Many A-list speakers have confirmed attendance at the conference, even as Supreme Court jurist, Justice Inyang Okoro will deliver the Keynote Address.

The CPC has former NBA Lagos Branch Chairman, Mr. Chukwuka Ikwuazom SAN as Chairman with Mr. Kunle Adegoke SAN as Alternate Chairman and Dr. Princess Frank-Chukwuani as Alternate Chairman/LOC Chairman.

To register for the annual conference, please visit www.nbaspidel.ng or www.nbaspidel.ng/nba-spidel-conference-2022/.

Aside from the array of leading speakers who have confirmed attendance at the conference, the annual conference offers huge networking opportunities for delegates.

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NBA-SBL ANNUAL BUSINESS LAW CONFAB BEGINS TODAY

Experts from the public and private sectors, business lawyers, and other stakeholders in the business law environment will converge on Abuja from today to Friday, 22nd July, 2022 for the 16th Annual International Business Law Conference of the Nigerian Bar Association Section on Business Law (NBA-SBL).

The conference, billed for Transcorp Hilton Hotel, Abuja, comes under the theme “Recent Developments in the Business Law Environment” and will explore some recent developments in the Nigerian business law environment, how they have affected businesses, and what needs to be done to help businesses thrive.

Kosi Antwiwaa Yankey-Ayeh, CEO, Ghana Enterprises Agency, has been named the Keynote Speaker. She will be speaking at the conference opening ceremony on July 20.

The conference will feature 11 insightful and inspiring plenaries with sub-themes that include “CAMA 2020: The Journey So Far”, “ESG and the Nigerian Business Environment”, “In-house & External Counsel Relationship – New Trends and Expectations”, “Tackling the Challenges of Ponzi Schemes: Insolvency as a Resolution Tool”, “AfCTFA: The Prospects for the Nigerian Business Lawyer”, and “The New Face of Competition – Merger Control in the Nigerian Context”, the 2022 Conference Planning Committee (CPC) said in a note.

Other sub-themes to be addressed at the conference are “Tax Administration Strides and the Nigerian Business Environment”, “Regulation of Internet Services Platforms: Necessity or Overreaching?”, “The Nigerian Startup Bill – Economic Enabler?”, “The Petroleum Industry Act – Making it Work”, and “The Business of Law – New Frontiers, and Succession”.

The CPC said that a distinguished faculty of over 60 knowledgeable speakers and resource persons from within and outside Nigeria has been assembled to do justice to these sub-themes.

According to a schedule of programmes released by the CPC, speakers and panelists at the plenaries include Garba Abubakar, Registrar General, CAC; Babatunde Irukera, Executive Vice Chairman, Federal Competition and Consumer Protection Commission (FCCPC); Muhammed Mamman Nami, Chairman, Federal Inland Revenue Service; Kashifu Inuwa Abdullah, DG, National Information Technology Development Agency (NITDA); Col. Felix Orevoghene Alaita (Rtd.), SSA to the President on Country Risk Assessment & Evaluation; Habib Nuhu, SSA to the President on Natural Resources/Executive Commissioner, Nigerian Upstream Regulatory Commission; Francis Anatogu, Secretary, National Action Committee on AfCFTA; Kofo S. Abdussalam-Alada, Director, CBN Legal Services/Legal Adviser; and Charles Nwachukwu, Chief Legal Officer, Nigerian Midstream & Downstream Petroleum Regulatory Agency.

Others are John Balsdon, Partner, Latham & Watkins LP; Irene Robinson-Ayanwale, General Counsel, Nigerian Exchange Limited; Anthony Idigbe SAN, Senior Partner, PUNUKA Attorneys & Solicitors; Muda Yusuf, CEO, Centre for the Promotion of Private Enterprises (CPPE); Chiagozie Hilary-Nwokonko, Partner, Streamsowers & Kohn; Tinu Awe, Chief Executive Officer, NGX Regulation Limited; Rukaiya El-Rufai, Partner, Sustainability & Climate Change and Public Sector Risk Assurance Services, PwC; Evelyne Mbula Nzuki, Managing Partner/Principal Attorney, MN Legal (Kenya); Jeroen Ouwehand, Global Senior Partner, Clifford Chance, and many others.

There will also be two Learning Curves sessions. The first, to be anchored by Lolia Biobele-Georgewill, Senior Associate at G. Elias, will have Rasheed Belo-Osagie of ENR Advisory, Adebisi Lamidi of Bloomfield, and Charles Adekunle of Babalakin & Co as interviewees, while the second, featuring Benita Ekebe of Paul Usoro & Co, Emmanuel Nkamare of TNP, and Yahaya Isah Abdulrasheed of Dikko & Mahmoud as interviewees, will be anchored by Victoria Anuri of Templars.

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