August 2022

EDITOR'S CHOICE
Aug 31, 2022
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AKINTOLA VS AKPATA: ‘HOW EGBE AMOFIN SEALED BOYCOTT PACT,’ BY OLAWALE

RE: CHIEF NIYI AKINTOLA SAN & MR. OLUMIDE AKPATA: MERE WITHDRAWAL OF SUPPORT AND NOT “DISTABILIZATION” OF ADMINISTRATION

I have decided to open my diary for the purpose of setting the record straight. I also wish to drive home the point that we are not cowards that run from their shadows. We are old and bold enough to say the truth as it is in order to shame those who distort the truth for personal gain.

On 7th September, 2019, less than a year to NBA 2020 general election, Egbe Amofin held a general meeting at the Aare Afe Babalola Bar Center Ibadan, Oyo State. One of the items on the meeting agenda was to consider presenting one candidate for the position of NBA president. We had 5 notable lawyers of Yoruba extraction with aspiration to the post then. At the meeting, one of the aspirants stepped down his ambition, leaving Dr. Babatunde Ajibade SAN, Deacon Dele Adesina SAN, Mr. Olumiyiwa Akinboro SAN and a former Chairman of NBA Osogbo branch in the race. The general meeting set up a committee whose terms of reference, among others was to assess the 4 aspirants and present the most suitable to Egbe for endorsement. The adhoc committee saddled with this task consists of all branch chairmen of South Western Nigeria who, of course, were Yorubas. Chief Niyi Akintola SAN was appointed at the general meeting to chair the committee while Dr. Oluwole Akintayo (now a Professor) who was then the chairman of NBA Ibadan branch was to serve as secretary.

Meanwhile, another team was set up with the mandate of reaching out to our learned brothers and colleagues under the umbrella of Mid – Western Bar Forum. The idea was to “activate” the proposal of rotational NBA presidency between the two blocks (sic) whenever it was the turn of Southwest NBA to occupy the seat. The team consisted of elders and revered seniors of Egbe Amofin who were mostly Senior Advocates of Nigeria.

It was at our first committee meeting which held on 12/09/2019 at the same Aare Afe Babalola Bar Center Ibadan that modalities and yardsticks for assessment of aspirants was agreed upon. Such yardsticks included but not limited to years of call of aspirants, involvement and participation in NBA activities, past contributions to development/unity of NBA and its members, manifestos and vision for the Bar, general acceptability of aspirants across all NBA branches in the country etc.

Committee agreed and indeed sent letters to the 4 aspirants, requesting them to send in their curriculum vitae and memorandum, showcasing what put them ahead of others under the yardsticks outlined.

When the committee reconvened few weeks thereafter, it was discovered that only 3 of the aspirants sent in their CVs and memorandum. Dr. Babatunde Ajibade SAN did not send a CV or memo.

After critical consideration by committee members of documents sent in, a consensus candidate was not arrived at. Hence, all branch chairmen present put the issue to vote. Secret ballot was conducted after which Deacon Dele Adesina SAN scored the highest vote.

Amongst branch chairmen present and voting on that day was Olayemi Akangbe of Lagos branch, Charles Ajiboye of Ikeja branch, Dr. Oluwole Akintayo of Ibadan branch, Emmanuel Alade of Abeokuta branch, Omololu Bagbe of Okitipupa branch, Olakanmi Falade of Ado-Ekiti branch, Bode Adeniji of Ondo branch, Oludayo Olorunfemi (my good friend) of Ikere-Ekiti branch and Lanre Okeyinka of Oyo branch. Chairmen of Ife, Ikirun, Iwo, Ilesa, Offa, Ijebu Ode, Ogbomoso were all in attendance and voting. Chief Niyi Akintola SAN who was the committee chairman did not vote.

It was at this meeting consisting of NBA branch chairmen that we made a pact; a resolution for ourselves and as representatives of various branches of the NBA of Yoruba extraction, to join hands in working for the emergence of our endorsed candidate. We agreed to support and work with such person if eventually sworn in as NBA president. We also agreed not to support any other. We agreed not to support any other candidate because at that period in time, information had been received that our brothers under the umbrella of Midwest Forum of the NBA had rebuffed Egbe’s hand of fellowship to work together as one.

The general assembly of Egbe Amofin, at a later general meeting, received and ratified the committee’s report in toto.

Chief Niyi Akintola SAN was later betrayed despite his good motive. The Learned Silk was first betrayed by insiders within the committee. He was also betrayed by those whom the committee’s report did not go down well with. Chief Akintola SAN was betrayed by those who seek favour and crumbs from the administration of Mr. Olumide Akpata.

Despite my closeness to Mr. Olumide Akpata who attended branch activities organised by me as chairman in Akure (he even donated the sum of N1m towards building our Bar Center), I was bound by collective agreement reached by Egbe Amofin. I immediately informed Mr. Akpata of my decision not to support him as NBA president. I never for once put him in doubt of where I stand. No one planned or worked towards “distabilizing” NBA under the presidency of Mr. Olumide Akpata. We merely withdrew our support.

We cannot deny what we did as representatives of those who gave us their mandates to serve as branch chairmen. We cannot deny what we did as members of Egbe Amofin. I, for one, cannot deny what I did in the best interest of the Bar to which I was called about two decades ago.

Above is history. Time is the judge.

Ola Dan Olawale Esq.
Chairman, NBA Akure Branch
2018 – 2020.

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EDITOR'S CHOICE
Aug 31, 2022
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AKPATA: ‘WHY AKINTOLA, YOMI ALIU MUST FACE SANCTIONS’ – OMIRHOBO

By Malcolm Omirhobo

NIYI AKINTOLA SAN: JOOR, OLUMIDE AKPATA NA MAN , NO BE BOY

When I read certain comments made by some Senior Advocates of Nigeria, I wonder how they got the rank because they fail in all ways to exhibit the qualities required of the rank of Senior Advocate of Nigeria.

There are plethora of comments made by some Senior Advocate of Nigeria that has brought disrepute and discredit to the legal profession but for the purpose of this write up those of Yomi Aliyu SAN and Niyi Akintola SAN will suffice.

Chief Yomi Aliyu SAN, responding to the former President of the Nigerian Bar Association, NBA, Mr Olumide Akpata dragging a partner in the law firm of the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN, Mrs Adekunbi Ogunde, to the Legal Practitioners Disciplinary Committee, LPDC for soliciting for clients of other lawyers, Promising that Chief Olanipekun SAN will use his position as body of Benchers Chairman to Influence all Nigerian Judges to give an expatriate oil company a favorable Judgement, wrote on a public platform of lawyers as follows:

“President Akpata, una do well ooooo! Yoruba lawyers shall be there in full force to defend our leader and Primus inter Peres! No Yoruba son shall ever be made a sacrificial lamb like it was done to Kunle Kalejaiye SAN! Call it what you like! Tribalism! Yes! What an insult! We are Yorubas before we are Nigerians”

Niyi Akintola SAN claiming to be speaking for Egbe Amofin , the umbrella body of Yoruba lawyers, responding to a question about the fisticuff that ensued at the just concluded NBA-AGM on a radio program at Fresh FM in Ibadan unfairly and for no just cause took a swipe at immediate past President of NBA Olumide Akpata .

Hear him : “That boy (Olu Akpata) is a transactional lawyer, he has never practiced law, he’s a businessman so the scenario at the bar conference is not surprising”

“We at the Egbe Amofin took a unified stance not to dignify that boy with our presence”

“That decision was reached here in Ibadan. Chief Olanipekun was the Leader of Egbe Amofin, and I was his Vice. I and Chief Olanipekun have religiously abided by that decision, however, some of our boys and girls decided to go their ways because they wanted to be in government. They wanted positions”.

I find the above comments of both Senior Advocate of Nigeria as ungentlemanly, uncourteous, irresponsible, derogatory, divisive and conduct unbecoming of members of the inner bar. It is shameful that both SANS have brought tribalism into the bar in a flagrant attempt to divide the bar along ethnic lines. For their gross misconduct, I recommend that both SAN face disciplinary action before the Legal Practitioners Disciplinary Committee. Come to think of it, what contributions have Yemi Aliyu SAN and Niki Akintola SAN made to the advancement of the legal profession in Nigeria ? I will say nothing near the contributions made by the former President of the NBA, Olumide Akpata.

I challenge both SANS to tell us how many lawyers they have employed in their career and how much they pay lawyers under their employment. Akpata as far as I know have employed many lawyers and paid them handsomely well. In fact, Akpata’s firm the TEMPLARS is one of the highest paying law firm in Nigeria since its inception to date.

The bag saga at the just concluded NBA conference and in house fighting notwithstanding, I score Olumide Akpata an A. The man did well. He came, saw, conquered and left his foot prints on the sands of time. Joor, Akintola SAN, Akpata na man no be boy .
It is laughable that in his said radio interview Akintola SAN, is complaining about poverty of values and lack of respect by the younger (soro soke) generation for the older generation. My advice to him and his likes is for them to earn their and not asked for it and that respect is reciprocal. I am of the school of thought that beliefs that the younger generation must honour their parents, elders and constituted authorities but must not fail to hold them accountable.

Akintola SAN and his generation have failed the younger generation and must get the hell out of their way for them to take over for our collective good or risked being stampeded. The young people are an unstoppable force of moral army that cannot be ignored. If you ignore them, you do so at your own peril.

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EDITOR'S CHOICE
Aug 31, 2022
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PALU INVITES DELEGATES TO 20TH YEAR CONFAB IN ADDIS ABABA

INVITATION TO THE PAN AFRICAN LAWYERS UNION 20TH YEAR ANNIVERSARY, CONFERENCE AND GALA DINNER HOLDING IN ETHIOPIA ON THE 8TH TO 10TH OF SEPTEMBER, 2022

The Conference and Gala Dinner is open to ALL members of PALU. We welcome both representatives of our institutional members (bar associations and law societies) and also individual member.

PALU Special Endowment Members and Life Members attend free of charge.

PALU Ordinary Members who had already paid up their subscriptions fee of USD 50 to attend both the Conference and Gala Dinner.

Others to pay USD 50 if attending the Gala Dinner only, or USD 100 if attending both the Conference and Gala Dinner.

We are offering Visa Assistance to all persons attending the events. Once they have paid up, they email a colour copy of their Passport to the PALU Secretariat, and we procure a Visa-on-Arrival Letter from the Ministry of Foreign Affairs of Ethiopia.

Joyce Oduah, FICMC
Vice President, West Africa of Pan African Lawyers Union (PALU)

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EDITOR'S CHOICE
Aug 30, 2022
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NBA-TCCP CHAIR, TOBENNA EROJIKWE LOSES DAD

The father of Mr. Tobenna Erojikwe, Chairman of the Technical Committee on Conference Planning (TCCP) for the recently concluded Annual General Conference (AGC) and Nigerian Bar Association (NBA) ICLE Board, is dead.

Announcing the passing of Pa Erojikwe through a notice to branch members, the Chairman of NBA Lagos Branch, Mr. Ikechukwu Uwanna wrote:

Dear Distinguished Colleagues,

As a member of the TCCP and Chairman of the LOC, I worked very closely with the TCCP Chairman and found the experience very inspiring.

About 4 weeks ago, during the thick of the planning of the Conference, I was with the Chairman of the TCCP (Mr. Tobenna Erojikwe) when he received the news of a very personal loss, the demise of his father. I saw the grief and loss of composure but then saw him bounce back, continue with activities and maintained his focus throughout the Conference.

On behalf of the NBA Lagos Branch, I commiserate with Mr Tobenna Erojikwe, his dear Mum and the rest of their family on the loss of their Patriarch.

May the soul of the departed rest in peace.

Ikechukwu Uwanna
Chairman

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EDITOR'S CHOICE
Aug 30, 2022
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NBA BENIN BRANCH: OF INROADS AND MILESTONES

DOUGLAS OGBANKWA, former Nigerian Bar Association, Benin Branch Publicity Secretary chronicles the achievements of Mr. Pius Oiwoh-led Branch Executive Committee for the period August 30, 2020 to August 30, 2022

1. Presentation of budget to the General House for approval, the first of its kind in the history of NBA Benin Branch.

2. Provision and distribution of High quality Lion Diaries and Journals to members for two years now, becoming an annual practice to members with updated information of the Courts across the Country and Security helplines.

3. Synergizing with Civil Society Organizations in calling on the relevant authorities to shore up the security architecture of the State.

4. Organizing the very first NBA Benin Children’s Christmas party under the office of the Social Secretary.

5. Celebration of Human Rights Day under the office of the Vice Chairman.

6. Advocacy and intervention on Security Related Matters concerning the vulnerable that have resulted in the release of countless number of persons.

7. Organised two flawless and elaborately executed Annual Bar Dinners with Pomp and Ceremony, that was the talk of the town.

8. Tightening the noose on fake lawyers which has led to the arraignment of some fake lawyers at the Magistrate Court.

9. Intervening in the arrest of persons in the aftermath of the EndSars protest that led to the release of countless number of persons found innocent.

10. Prompt intervention in any matter involving lawyers with Security Agency either by handling the situation personally or mobilizing other officers of the Branch Executive Committee to any Security Outfit with promptness.

11. Intervention in the health affairs of members by galvanizing support for members in ensuring that financial support is provided for them.

12. Constituting through the NBA Benin Young Lawyers Forum’s a Robust Legal Team to provide Free Legal services to the Vulnerable in the Justice Ada Ehigiamusoe led Edo State ENDSARS Panel. Also, facilitating training programmes for young lawyers through the Young Lawyers Forum.

13. Facilitating, through the Young Lawyers Forum, the first ever YLF Essay Competition with attractive prizes being claimed by the winners.

13. Policy Advocacy on important issues of state concerning the three organs of Government.

14. Setting up a covid-19 Regulations Human Rights Watch Committee to ensure observance of respect for Human Rights in the enforcement of Covid-19 Regulations in Edo State.

15. First ever nine lessons and carol jointly organized by the NBA and the Edo State Judiciary.

16. Acquisition of land and rapid development of some to have the NBA recreation centre and multipurpose building.

17. Provision of NBA Branded podium.

18. Changing the chairs at the Constance Momoh Hall to more suitable chairs befitting lawyers.

19. Complete re-roofing of the Bar House with step tiles to solve the long standing problem of leakage and replacement of the ceiling with the new suspension ceiling.

20. Installation of WIFI services at the Bar House by Dele Edokpayi Esq.

21. Construction of a Gymnasium, restaurant and office space at the Bar House extension.

22. Rejuvenation of social media platforms of the Branch Whatsapp group.

23. Giving out of stipends to members who got married

and identifying members who were bereaved.

24. Stationeries and meeting signposts donated by Chief Nosa Edo-Osagie.

25. Refurbishment of the conference room upstairs with the full compliments of conference tables, chairs and electronic devices, servicing of all the air-conditioners at the Bar House for optimum use.

26. Refurbishment of the offices of the Chairman and Secretary with brand new furniture and repainting of same.

27. Ensuring members get their stamp and seal promptly at no extra cost.

28. Improved relationship with the Judiciary under the dynamic leadership of the Rt. Hon. Justice Chev. J.I. Acha, Chief Judge and his predecessor in office, Hon. Justice E.A. Edigin, which has lead to the provision of a parcel of land to the Bar.

29. Provision of a cloak room and spaces for the Bar notice board donated by Jefferson Woghiren, strengthening the various committees of the Bar through invitation to regularly update members at monthly meetings.

30. Galvanizing support for sick members by paying visits, raising funds and making donations to them.

31. The appointment at a goal of 4 new Senior Advocates of Nigeria, distinguished Members of the Lion Bar.

32. Regular and unbroken requests by distinguished Members of the Bar to host at monthly meetings where members are lavishly treated.

33. Training of over 100 Lawyers with certifications in dispute resolution under the sponsorship GIZ, a German firm, Edo State Multi door Court House and other trainings by ROLAC, Rule of Law and Anti Corruption.

34. Improved relationship between the Bar and other bodies through courtsey visits and synergy.

35. Establishment of Police Duty Solicitors Scheme PDSS, and LACT, Legal Aid Cordinating Team, under the sponsorship of ROLAC.

36. Organizing a health week for members under the office of the Welfare Secretary amongst others.

37. Approving a new fees regime for Lawyers to meet with the present economic reality thus enhancing the welfare of Lawyers.

39. Putting in place a stressless and convenient mode of payment of dues and BPF by deployment of Bank officials to station in the Bar House.

40. Repainting of the Bar House to wear a new look.

41. Online directory/website which is at completion stage and the restructuring of the secretariat.

42. Designing and putting in place, a hall of fame with photographs of past Chairmen from inception of the Branch.

43. Laying of the foundation of the Plot B of the Bar Secretariat and completing the ground floor named after Hon. Justice Esther Edigin, former Chief Judge of Edo State.

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EDITOR'S CHOICE
Aug 30, 2022
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WHY N4BN PIPELINE SURVEILLANCE CONTRACT TO TOMPOLO IS PEANUTS

BY MALCOLM EMOKINIOVO OMIRHOBO

I have read with utmost dismay the resentment of the Amalgamated Arewa Youth Group over the N4bn monthly pipeline surveillance contract awarded to Government Ekpemupolo, aka Tompolo, by the Nigerian National Petroleum Limited, an amount which I consider a peanut in the circumstance .

Today the Northern States of Nigeria are plagued with insecurity , senseless killings, raping, sodomy , extortion , brutalisation and dehumanisation of human beings , wanton destruction of properties , unemployment, famine , terrorism , abject poverty, the menace of Almajiri , the institutionalisation and implementation of the sharia criminal justice system , religious intolerance, fanaticism, extremism and radicalism, child marriage and the millions of Northerns living in Internally displaced persons camps under poor and excruciating conditions . It is unfortunate and regrettable that the Amalgamated Arewa Group Youths have failed, refused and or neglected to address these core and critical issues but instead have choose to concern itself with petty issues like the award of contract in far away Niger Delta .
It is laughable that the Amalgamated Arewa Group Youths who have failed to hand down ultimatum to the fedederal government to fix the insecurity problems in the country , particularly in the North are the ones now giving a seven-day ultimatum to the federal government or its agent (NNPC) to revoke the contract given to Tompolo or be forced to either protest or take legal action.

Imagine the group is calling on President, Major General Muhammadu Buhari (retd.), to sack the Minister of State for Petroleum, Timipre Sylva; and Director, Upstream of the NNPC LTD, Adokiye Tombomelye, for promoting ethnic and regional interest but have failed to call President Buhari to order over his being clannish and a religious bigot . Why are they feigning ignorance of the fact that in the past seven years over ninety percent of top positions in public offices , government agencies , parastatals, juicy appointments , slots and contracts in Nigeria are being occupied, enjoyed and/or assigned to Northerners who are Muslims ? Why are they feigning ignorance of the fact that over eight five percent of the crude oil well situated in the Niger Delta where Tompolo comes from are being owned by Northerners and not one single oil is owned by Tompolo or any Niger Deltan ?

I am not holding Tompolo’s brief but suffice it to say that the man is a Niger Deltan and like every Niger Deltan he deserves the award of the contract in question and even more .

On the issue of black mail , the black mailer here is the federal government and not Tompolo. . We are not foolish, we know that the federal government is using the divide and rule tactics to black mail Tompolo by turning him against his kits and Kins . The federal government of Nigeria is using our sons and brothers for peanuts to protect the pipelines while it is stealing our collective wealth in the Niger Delta at the risk of their lives . Many activist of the Niger Delta extraction christen militants by the federal government who refused to be black mailed were declared fugitives , hunted down like animals , disgraced and killed . If it is possible for the federal government to take Tompolo out of the equation it would have done so long ago but unfortunately it can not hence it has followed wise counsel by play ball with Tompolo.

On the issue of Tompolo being declared wanted by the Economic and Financial Crimes Commission by the current regime of President Buhari, I say it is a pity that these purported group of Northern youths are far behind time and are not in touch with reality . Why I say this is because the case against Tompolo that they are talking about is now res judicata whereas he has being charged to court on a 40 count charge and all the charges dismissed by a court of competent jurisdiction earning him a discharge and acquittal .

It is hypocritical that the Amalgamated Arewa Group Youths sees the award of the contract to Tompolo as reward for criminality, , triumph over our nation’s Armed Forces and over 200 million Nigerians and the abdication of responsibilities without failing to raise same grave concern over Boko Haram , Fulani herdsmen, Iswap, bandits and other terrorist groups of Northern extraction who kill Nigerians and our service men , destroy our properties and facilities and attack our business concerns . The killing of our Brigade of guards , the shooting down of our Aircrafts , the attacks on our Air ports , rail line , correctional center facility and Nigerian Defence Academy without any consequences are still very fresh in our minds .

Nigeria is a great nation with enough for every Nigerian if only the country can be restructured in such away to allow the component parts to manage their human and natural resources while paying tax to the center in Abuja . It is the height of injustice and crime against human for Nigeria to for over five decades tap the crude oil belonging to the people of Niger Delta for the benefit of all Nigerians while leaving them in abject poverty and squalor with polluted environment that is not fit for them to eke out a living as their fishing waters are filled with crude oil killing all the aquatic life therein. It is injustice and inhuman for the Nigerian state to continue to tap the oil and gas of the Niger Delta while preserving the mineral resources of other component parts .

I advise the Amalgamated Arewa Youth Group to stop being devious, myopic , selfish and self centered . The North cannot keep their Gold , Pyrite , Mable ,, Barite , Bauxite , Bentolitic clay , Beryle ,cassitterite cittirite , calcite ,Rutile copper ore, Zinc Ore , zircon , Topaz , flourite Uranium , Gem Stones , Aquamarine , Sapphire , Tourmaline , Amethyst, Quartz ,Agate , Garnet ., graphite and over fifty other solid mineral resources and be crying over the crude oil of the people of the Niger Delta .

It is about time for Nigeria to start tapping the mineral resources in the North and other parts of Nigeria for the benefit of all Nigerians or better still allow the different component parts of Nigeria to manage their mineral resource paying tax to the federal government of Nigeria and as well paying reparation to the people and states of the Niger Delta for having being exploited and cheated for over five decades by the rest of the country.

* Chief Malcolm Omirhobo is a lawyer and activist

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EDITOR'S CHOICE
Aug 30, 2022
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LAWYERS, WHATSAPP CHAT ROOMS AND LIABILITY

MR. OLUMIDE BABALOLA, a lawyer and data protection specialist, writes on the Nigerian lawyer, his/her emails, WhatsApp groups and unresolved privacy questions

As technology continues to emerge, so also will privacy and data protection jurisprudence! This article only seeks to provoke discussions on the subject, it neither represents a cast-in-stone position on the posers nor apt answers to the analysis. Since COVID-19, the average Nigerian lawyer has embraced (information) technology like never before. He/she now reads and responds to emails more often, WhatsApp messaging app has now been recognised and accepted as a veritable means of (un)official information communication, the microblogging sites are now used for self-marketing and visibility etc.

However, in spite of the increased utility of technology by the Nigerian lawyer, from my regular engagements with seniors and junior colleagues, it is clear that the average Nigerian lawyer still requires continuing education on the nuances of the tools with respect to privacy and data protection and sundry matters. As mush as Nigerians frantically argue that we value right to privacy, our attitude towards the concept is often paradoxical – we carelessly expose privacy yet we want same protected. Nigerian Lawyers inclusive!

Use of Emails

Service by email
It is impressive that our courts are fast accommodating service by email in their respective rules but the bar does not appear to be sold out on this service mechanism as many lawyers still insist on service of paper copies of court processes. I have experienced this recently, when we served a court process on a colleague via email, after acknowledging service, he did not only insist on hard copy, he also refused to take any steps until we served the paper copies. Perhaps, the Nigerian Bar Association (NBA) needs to make a policy statement on this as the Nigerian lawyer cannot afford to be stuck in the sixties with respect to our practice and procedure.

Bulk emails
With the use of emails, many Nigerian lawyers cause/perpetrate personal data breaches as a matter of course and practice. The most relatable instance of data breach occurs during bulk emails where a sender copies numerous email addresses as co-recipients without using the blind copy (BCC) option. Sadly, the NBA and its officials are frequent offenders of this privacy violation during electioneering campaigns and while in office. It gets worse when a recipient replies the bulk message and copies every recipient in the thread. We sure need to learn when to use the ‘reply’ and ‘reply all’ functionalities in our emails.

WhatsApp groups
At the expense of telegram (considered not-user-friendly), WhatsApp messaging app has become one of the most veritable tools of communication in the Nigerian legal community. Hence, technology has enabled the daily communion of legal and political ideas between senior and junior lawyers on various WhatsApp groups created for sundry purposes. The use of such groups for dissemination and receipt of information will continue to engender many unprecedented legal issues. Here, I will attempt some privacy-related questions which I have observed in some lawyers’ chat rooms.

Are group WhatsApp chatrooms public or private places?
While instant messaging between individuals on WhatsApp constitute private messages, different considerations apply to group chats since messages are immediately available to a wide array of members. The fact that WhatsApp chatrooms are closed groups, controlled by administrators and often accessible only through invitation do not necessarily make them private meetings even though members may have reasonable expectation of privacy applicable to other social media platforms.

Social media (WhatsApp groups) presents another striking example of privacy paradox: participants expose their personal information publicly yet they want control over same – this is not entirely impossible especially with highly regulated and specialised groups. In answering whether social media is a private or public place, Trepte notes in her doctoral thesis that:

“In struggling to develop a definition of social media, scholars have pointed to the fact that social media channels are formally understood as methods of mass communication but that they primarily contain and perpetuate personal user interactions . In this sense, social media can be referred to as personal publics. As a consequence, users cannot always clearly define the somewhat blurred lines between personal and public or between private and professional communication.” (See Sabine Trepte, ‘The Social Media Privacy Model: Privacy and Communication in the Light of Social Media Affordances’ Communication Theory, Volume 31, Issue 4, November 2021, Pages 549–570)

From Trepte’s theory which is supported by some other academics, social media (WhatsApp groups inclusive) interactions continue to reside in the borderline between public and private spaces. Nigeria has no decision on this but a Scottish decision on the subject gives an insight into the ramifications such claims could take. In BC and others v Chief Constable Police Service of Scotland [2018] CSOH 104, the police sought to rely on some information in a WhatsApp group chatroom to bring disciplinary proceedings against a constable. When the latter challenged admissibility of such information obtained from the group chat, the Scottish Court of Session agreed that WhatsApp group chats are private when it held that:

“The messaging service used was private and the petitioners had no intention of publishing the contents of their messages to the public at large”

Conversely, however in another development in India, when a man who sent abusive and obscene words on WhatsApp to his estranged wife was charged for making obscene statements in public. The man argued that he sent the messages to his estranged wife in a private WhatsApp chat and the Bombay High Court held that:

“Thus, when these messages cannot be read by others, it ipso-facto goes to show that no third person nor even WhatsApp can have access to those messages. Therefore, WhatsApp cannot be a public place if messages are exchanged on personal accounts of two persons. If these messages had been posted on WhatsApp Group, in that case the same could have been called as public place because all the members of the group, will have access to those messages. It is not the prosecution case that the alleged obscene messages were posted on WhatsApp Group of which the petitioner and the respondent No. 2 and others are the members. Therefore, sending the personal messages on WhatsApp will not amount to utterance of obscene words in public place.” See Nivrutti v. State of Maharashtra and Pooja Nivrutti Criminal Writ Petition No. 557 of 2018

I am more fascinated by the Indian court decision. It aligns with logic that when three or more persons are on a group chat, it then becomes a public space and it, in most cases, negates the definition of private.

Conclusion
The use of emails has come to stay in our legal practice. However, lawyers need to understand the privacy implications of their use for dissemination and receipt of information. With the proliferation of WhatsApp groups, lawyers need to post information in such groups with a measure of circumspection knowing fully well that they don’t have personal relationship with everyone on such groups. A lawyers’ chatroom is not Las Vegas! Whatever happens there may not necessarily stay there – it may interest the outside world!

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EDITOR'S CHOICE
Aug 30, 2022
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‘WHY I’M RETURNING AGC FUND,’ BY EX AKURE BRANCH CHAIR

The immediate past Chairman of Nigerian Bar Association (NBA), Akure Branch, Mr. Rotimi Olorunfemi has stated that “recent happenings at the Bar” has made him resolve to return the N100,000 paid to him as accommodation allowance for the recently concluded NBA Annual General Conference (AGC).

In a letter made available to CITY LAWYER, the former branch helmsman noted that though he had availed his account details to receive the fund and “had no objection to this gesture as it is customary of the National body to provide hotel accommodation for Branch Chairmen and Secretaries during NEC meetings,” “my conscience will not know rest if I accept the payment.”

He urged NBA President, Mr. Yakubu Maikyau SAN to avail him the association’s account details to enable him refund the money, adding that “If however I do not receive any response from the national body as herein requested within the next 14 working days of the receipt of this letter by you sir, I shall draw a Bank Draft in this sum and send same to the President via this same medium.”

The full text of the letter is below.

29th August, 2022

The President,
Nigerian Bar Association,
National Secretariat,
Plot 1101, Muhammadu Buhari Way,
Central Business District
Abuja, FCT

Mr. President,

REFUND OF THE SUM OF N100,000.00K TRANSFERRED TO MY
ACCOUNT BY THE NATIONAL SECRETARIAT.

Permit me sir, to use this medium to congratulate you on your recent assumption of office as the President of our noble association, the Nigerian Bar Association, the foremost, the biggest and the noblest of all professional associations not only in Nigeria but in Africa.

Mr President, I woke on Sunday 28th day of August, 2022 to receive an alert of the sum of N100,000.00k (One Hundred Thousand Naira only) from the Nigerian Bar Association which was described in the narration as “accommodation”.

Sir, I am sure this payment to my account was in fulfilment of the promise of the immediate past President, Mr Olumide Akpata, to reimburse Chairmen and Secretaries of Branches for accommodation expenses incurred during the just concluded AGC.

Initially, I had no objection to this gesture as it is customary of the National body to provide hotel accommodation for Branch Chairmen and Secretaries during NEC meetings, so I forwarded my account details as requested and in anticipation of receiving this money.

However, in view of the recent happenings at the Bar starting with the kill-the-chicken-and-break-the-egg handling of the issue involving our revered Chief Wole Olanipekun, SAN’s Law Firm, the purported illegal suspension of the immediate Past General Secretary of the association, Mrs Joyce Oduah, which culminated in a Federal High Court lampooning the National Executive Council (of which I was a member until last week when my tenure expired as Chairman, Akure Branch) for the shoddy manner it handled the matter and the very ugly incident during the recently concluded AGC which portrayed our very noble association in very bad light before the whole world due largely to the very poor and selfish planning by the nepotically selected Technical Committee on Conference Planning, TCCP, of this year Conference, I have decided that I cannot in good conscience keep and/or expend this money for my personal benefit.

Aside the above, I have been attending Bar Conferences since year 2002, one year after I was called to the Bar and I have self-funded myself to attend conferences all these years and the 2022 Bar Conference should not be an exception just because of my privileged position as a Branch Chairman.

It is on the above premises, that I therefore humbly request Mr. President to instruct the National Treasurer to kindly forward the Association’s account details to me with a view to refunding the money quickly to the Association’s coffers. IN THE ALTERNATIVE if I have Mr President’s approval I can pay the money into my Branch account for the benefit of my Branch and I will forward the teller to the National Secretariat.

If however I do not receive any response from the national body as herein requested within the next 14 working days of the receipt of this letter by you sir, I shall draw a Bank Draft in this sum and send same to the President via this same medium.

While I thank and appreciate the immediate past administration led by Mr Olumide Akpata, who I hold and continue to hold in very high esteem, for this harmless gesture of reimbursing my accommodation expenses during the AGC, my conscience will not know rest if I accept the payment.

I once again congratulate the President and members of the new National Executive Committee and wish you all a successful tenure of office.

Thank you.

Yours very sincerely,

Rotimi Olorunfemi Esq.
Immediate Past Chairman NBA, Akure.

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EDITOR'S CHOICE
Aug 29, 2022
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AKPATA: YORUBA LAWYERS GROUP TACKLES AKINTOLA

A group of Yoruba lawyers under the aegis of Yoruba Lawyers Association of Nigeria (YOLAN) has berated the Deputy Leader of Egbe Amofin O’odua, Chief Adeniyi Akintola SAN for describing the immediate past Nigerian Bar Association (NBA) President, Mr. Olumide Akpata as a “boy.”

In a statement signed by its President, Mr. Oladotun Hassan, it stated that “We the Yoruba Lawyers Association of Nigeria distance other well meaning Yoruba Lawyes from any issues that is capable of dividing our noble organization – NBA along pessimistic ethnic lines, most dangerously to end (sic) the Bar in abyss to say the least.”

The group also expressed dissatisfaction at the description of some Egbe Amofin members as “soro soke boys and girls,” noting that “We are equally not happy with the reference to describing legal practitioners from the Yoruba extractions that attended the NBA AGC 2022 as “Soro Soke Boys and Girls.” It is absolutely uncalled for and most demeaning.”

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

Press Release

29th August, 2022.

YOLAN CARPET EGBE AMOFIN OVER AKPATA’S FEUD: REITERATES YORUBA LAWYERS MAXIMUM SUPPORT

The leadership and members of the Yoruba Lawyers Association of Nigeria (YOLAN) aka Yoruba Council of Lawyers Worldwide (Igbimo Apapo Agbejoro Yoruba Lagbaye) – under the auspices of the Yoruba Council Worldwide laconically condemn in its entirety the ethnic bigotry statement on the withdrawal of Yoruba Lawyer’s supports under the Egbe Amofin Oodua Group on the non-attendance of the NBA AGC 2022 and the leadership Mr. Olumide Akpata, the Immediate past President of the Nigerian Bar Association(NBA); following the ongoing news trend credited to Chief Adeniyi Akintola SAN thus “When that boy Akpata came on board, we the Yoruba leaders, the Egbe Amofin, we took the unified position that we will not dignify that boy with our presence at any of his Bar gathering. Unfortunately, some of our people who took that decision alongside with us betrayed that trust”.

“The Deputy Leader of Egbe Amofin O’odua, Chief Adeniyi Akintola SAN has said that Body of Benchers Chairman, Chief Wole Olanipekun SAN was privy to a pact to boycott Nigerian Bar Association activities while the immediate past NBA President, Mr. Olumide Akpata held the reins”.

We frowned at the height of crudity, injustice and total rejection of Mr. Olumide Akpata by the Yoruba Leaders under the aegis of the Egbe Amofin Oodua: a noble group of Omoluabi – virtuous wise men of thought.

Wherein according to the deputy leader, Chief Adeniyi Akintola SAN that him alongside Chief Wole Olanipekun SAN, Chairman, Body of Benchers (BoB) has unequivocally vowed never to have anything do with Olumide Akpata led NBA leadership is extremely embarrassing and calculated to be myopic, personal vendetta and self-centred headless struggle.

We are equally not happy with the reference to describing legal practitioners from the Yoruba extractions that attended the NBA AGC 2022 as “Soro Soke Boys and Girls ” is absolutely uncalled for and most demeaning.

Yoruba are more wiser when it comes to fighting a collective battle rather than getting all of us involved in a matter of public values and mutual respect for the rule of law.

We the Yoruba Lawyers Association of Nigeria distance other well meaning Yoruba Lawyes from any issues that is capable of dividing our noble organization- NBA along pessimistic ethnic lines, most dangerously to end the Bar in abyss to say the least.

NBA is one, hence all Lawyers must embrace the Association with common love, peace and unity under any leadership irrespective of religion nor ethnic colouration, but must act collectively on the principle of equitable justice, fairness and absolute justice.

We therefore reiterates YOLAN support and pass a vote of confidence on Olumide Akpata past led NBA leadership that just bowed out for ensuring succinct delivery of his campaign promises of a “Greater Bold Bar”.

E-Signed:

Aare Oladotun Hassan,
President, Yoruba Lawyers Association of Nigeria (YOLAN)

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EDITOR'S CHOICE
Aug 29, 2022
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TINUBU CONGRATULATES MAIKYAU ON HIS ELECTION

The All Progressives Congress (APC) presidential flagbearer in the 2023 national elections, Senator Bola Tinubu has congratulated Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN on his election.

In a statement by the Tinubu Media Office titled “CONGRATULATORY STATEMENT TO YAKUBU CHONOKO MAIKYAU, SAN ON HIS ELECTION AS PRESIDENT OF THE NIGERIAN BAR ASSOCIATION,” Tinubu said: “I congratulate Y.C. Maikyau, SAN on his emergence as the 31st President of the Nigerian Bar Association (NBA), following the term expiration of the administration of Olumide Akpata.”

He said: “I, once more, commend and congratulate Y.C. Maikyau and the new executive leadership of the NBA. Their character and reputation have led to this moment of triumph and the absolute trust of their learned peers. I urge them all to maintain a commitment to the values I have espoused above and to the task of carrying the legal profession onto ever greater heights over the course of the next two years.”

The full statement is below:

PRESS STATEMENT

CONGRATULATORY STATEMENT TO YAKUBU CHONOKO MAIKYAU, SAN ON HIS ELECTION AS PRESIDENT OF THE NIGERIAN BAR ASSOCIATION

I congratulate Y.C. Maikyau, SAN on his emergence as the 31st President of the Nigerian Bar Association (NBA), following the term expiration of the administration of Olumide Akpata.

The commendations and peer endorsements that informed his election and have since trailed his official swearing-in, underscore Maikyau’s professional success as a legal practitioner and his suitability for the elevated position with which he has been entrusted. Such testimonials inspire absolute confidence in his capacity to fulfil his pledge to take the NBA towards its brightest future.

The Bar is an important institution, central to the growth and sustenance of Nigeria’s democracy, justice and the rule of law. It’s members are the sworn defenders of our entire system of justice; the edifice undergirding our development, government accountability and respect for fundamental human rights. No nation can survive for long in the absence of these essential values or, therefore, without a well-functioning and organised legal profession.

I, once more, commend and congratulate Y.C. Maikyau and the new executive leadership of the NBA. Their character and reputation have led to this moment of triumph and the absolute trust of their learned peers. I urge them all to maintain a commitment to the values I have espoused above and to the task of carrying the legal profession onto ever greater heights over the course of the next two years.

I wish the new NBA administration the very best in all its future endeavours and pray, earnestly, that under their stewardship, the ideal of the legal profession as the last best hope of the common man remains true and alive in our nation.

SIGNED

Tinubu Media Office
August 29, 2022.

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EDITOR'S CHOICE
Aug 29, 2022
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‘OLANIPEKUN, BODY OF BENCHERS CHAIR PRIVY TO PACT TO BOYCOTT NBA,’ SAYS AKINTOLA

• SAYS ‘SORO SOKE BOYS AND GIRLS’ BETRAYED PACT

The Deputy Leader of Egbe Amofin O’odua, Chief Adeniyi Akintola SAN has said that Body of Benchers Chairman, Chief Wole Olanipekun SAN was privy to a pact to boycott Nigerian Bar Association activities while the immediate past NBA President, Mr. Olumide Akpata held the reins.

Responding to the allegation that some NBA Annual General Conference (AGC) delegates stole conference bags and phones during the fracas that attended distribution of conference materials, Akintola also stated that “Chief Olanipekun and I have religiously kept to that position,” accusing some Egbe Amofin members who he called “Soro Soke boys and girls” of betraying the pact.

Akintola, who was speaking in an interview on FRESH 105.9 FM, Ibadan, also hinted that some NBA Branches were given specific directions on what to do at the AGC, adding that it was unclear whether they followed the instructions.

CITY LAWYER recalls that the AGC held against the backdrop of the demand by NBA for Olanipekun to recuse himself as the Chairman of the Body of Benchers over the Ms. Kunbi Ogunde professional misconduct saga. Ogunde is a Partner in Wole Olanipekun & Co.

Though NBA had urged the Legal Practitioners Disciplinary Committee (LPDC) to punish the partners in the firm if found complicit in the debacle, the committee had in an initial review stated that it was not interested in probing the partners of the law firm.

Said Akintola: “Let me take the last question first. Felt very very sad about what happened. And we saw it coming. Ademola (Babalola) is here. When that boy Akpata came on board, we the Yoruba leaders, the Efgbe Amofin, we took the unified position that we will not dignify that boy with our presence at any of his Bar gathering. Unfortunately, some of our people who took that decision alongside with us betrayed that trust.

“Coming from the background that I have, being a progressive, when I take a decision, when I say this is what I am going to do, even at the risk of my life, I stick to that.

“We took that decision in Ibadan here. Chief (Wole) Olanipekun happened to be the Leader of Egbe Amofin in Nigeria. I happen to be his Deputy. And we took that decision. Chief Olanipekun and I have religiously kept to that position. But unfortunately, some of our boys and girls felt otherwise because they wanted to be in office – one office or the other.”

Continuing, Akintola said: “I never attended the meeting (AGC) because I said I will never dignify him with my presence. Of course, the NBA Oyo, Ogbomosho came to me for my support before going. And we told them what to do and what not to do. But the question is, when they get there, what they do? We don’t know.”

Olanipekun is yet to speak on Akintola’s statement.

To view the full interview, click here.

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EDITOR'S CHOICE
Aug 27, 2022
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‘NO REFORM WITHOUT COLLATERAL DAMAGE,’ SAYS AKPATA

VOWS THAT TCCP DID THEIR BEST

The immediate past Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has stated that no association that is keen on reforms can achieve results without disagreement and collateral damage.

In his valedictory message to NBA members, Akpata stated that “Our stance on certain issues may also have been viewed differently by others, but overall, I am convinced that any leadership that seeks to uphold standards, is committed to reforms, and wants to make meaningful progress would be unable to do so without some disagreement and collateral damage.”

He also gave himself a pat on the back for his two-year stewardship as NBA President, saying: “I do not pretend that we could not have done more, but I am pleased with how far we have come, even if I say so myself.”

He had earlier explained the circumstances leading to the shortage of conference materials for the just concluded NBA Annual General Conference, urging NBA members to “show some empathy to the TCCP who did their best in the circumstance.”

Akpata had yesterday handed the mantle of leadership to Mr. Yakubu Maikyau SAN at a well-attended Inauguration Ceremony held in Lagos.

Below is the full text of the statement.

To view highlights of his stewardship, click here.

As I take a bow: An Account of Service and a Note of Appreciation

My Dear Colleague,

I am writing to let you know that this is the last email that you would be receiving from me as President of the Nigerian Bar Association (NBA). This afternoon, the two-year mandate that you graciously gave me to serve as President of the NBA would come to an end. I am grateful to you and all other members of our great Association for the confidence that was reposed in me.

When I sought your mandate two years ago, it was clear to me that we needed to take the NBA on a different trajectory from where it was travelling. I had envisioned an Association that would be value adding to its members and the society. One which, as I often described it, has “utilitarian” value. I am pleased that many aspects of that vision have been, while others are being, realised. With your support, we have not only done much, but also created an implementable blueprint for the Association, which we hope can be followed in keeping our Association and profession on track. On that note, I wish the new team led by Y.C Maikyau, SAN the best on their sojourn, and I am confident that they will sustain the tempo and drive to completion those policies that we, for time and other reasons, could not.

Having completed our mandate, I believe that it is only proper to provide you with an account of our service. A highlight of some of our activities and achievements over the last two years even in the face of numerous challenges is attached and can also be found here (https://nigerianbar.org.ng/selected-highlights-olumide-akpatas-scorecard-nba-president-2020-2022). I do not pretend that we could not have done more, but I am pleased with how far we have come, even if I say so myself.

I am grateful to you for the fine combination of National Officers that you elected to serve with me. Both individually and as a team, we have made mistakes (and learnt from them), had a few disagreements and agreed on most, and taken decisions that may not have been acceptable to all. Our stance on certain issues may also have been viewed differently by others, but overall, I am convinced that any leadership that seeks to uphold standards, is committed to reforms, and wants to make meaningful progress would be unable to do so without some disagreement and collateral damage.

I also appreciate the leadership and members of all the Committees of the NBA that we set up to decentralize the functions at the NBA and to drive our vision. But for their altruistic service and sacrifice to the Bar, we would not have achieved much. I am equally grateful to my in-house advisory and support team and all those who did a great job at ensuring that we stayed on course in delivering on our promises.

Lastly, many thanks to my Partners and colleagues at my law firm – Templars- for allowing me time off these last two years to focus fully on the selfless task of serving the Bar – our Bar.

As I take a bow, I hope that our paths cross again, but until then it has truly been a pleasure serving you.

OLUMIDE AKPATA
Senior Partner
TEMPLARS

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EDITOR'S CHOICE
Aug 27, 2022
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MAIKYAU ROLLS OUT BLUEPRINT, WARNS 2024 NBA ELECTION ASPIRANTS

Mr. Yakubu Chonoko Maikyau SAN has warned that aspirants in the 2024 Nigerian Bar Association (NBA) Elections will be disqualified if they induce voters and branches.

Maikyau spoke yesterday at Eko Hotel, Lagos after he was sworn-in by the immediate past NBA President, Mr. Olumide Akpata as the 31st President of NBA. He took over the mantle of leadership from Akpata at exactly 2:11 pm after Akpata decorated him with a novel medallion as an insignia of office.

The event was witnessed by Bar Leaders, lawyers and dignitaries including Kebbi State Governor, Abubakar Atiku Bagudu and the Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Abdulrasheed Bawa. Also present was former NBA President, Mr. Augustine Alegeh SAN.

The event was not without its undercurrents, against the backdrop of the face-off with the immediate past NBA General Secretary, Mrs. Joyce Oduah.

In his Inaugural Address, Maikyau vowed to reform NBA’s electoral process, warning that aspirants in the 2024 NBA Elections would be “disqualified” if they induce branches or branch chairmen, while such branches and individuals would also be sanctioned. He stated that this is geared towards minimizing the cost of NBA elections.

The sub-themes in Maikyau’s inaugural address included The task ahead and my call to members of the legal profession; State of the nation; The 2023 General Elections, Welfare of lawyers; lawyers’ remuneration; Law officers, legal aid officers and lawyers in public service; In-house counsel and lawyers in business, and NBA Employment Bureau.

Others are NBA law firm/institutional mentorship partnership, Professional conduct and discipline, Independence of the judiciary, Institutional and governance structure, Legal education reform, NBA sections and fora, Rule of law and the administration of justice, and Electoral reforms.

A statement made available to CITY LAWYER by the NBA Publicity Secretary, Mr. Habeeb Lawal said: “Mr. President, Yakubu Chonoko Maikyau SAN immediately set the tone for what promises to be a time of dynamic service and bold leadership, in his vibrant inaugural speech. The full breadth of his speech may be relived in the copy annexed herewith.

“The NBA President also seized the occasion to set in motion some of the administration’s immediate objectives, including announcing the constitution of an Electoral Reform Committee to be chaired by Mr. E. Y. Kura SAN. A key mandate of this committee is the reduction/minimisation of the costs incurred by candidates during NBA national elections.

“Mr. President also announced the constitution of an Enquiry Committee to be chaired by Mr. Wale Fapohunda SAN, whose mandate is to investigate the unfortunate events that transpired on Tuesday, the 23rd of August, 2022 where some delinquent members proceeded to destroy properties and assault staff of the NBA, while members were waiting to collect conference materials.”

Click here for the full text of the Inaugural Address.

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EDITOR'S CHOICE
Aug 25, 2022
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EXCLUSIVE: LPDC INVESTIGATOR ABSOLVES OLANIPEKUN IN MISCONDUCT SAGA

The “Initial Member Review” by the Legal Practitioners Disciplinary Committee (LPDC) into the allegation of professional misconduct against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, has absolved the firm’s partners of any culpability in the controversy.

In an extract of the review obtained by CITY LAWYER, the reviewer held that “I see no merit in recommending further investigation against the Partners of Wole Olanipekun & Co. I so hold.”

NBA had asked the LPDC to determine whether to also punish all partners in the firm for alleged culpability in the saga.

The review may have given a breather to Chief Wole Olanipekun SAN, Chairman of the Body of Benchers, especially in light of the demand by the Nigerian Bar Association that he recuses himself pending the hearing of NBAs petition against Ogunde.

The report is subject to ratification.

EDITOR'S CHOICE
Aug 25, 2022
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ODUAH: ‘WHY I ANNULLED NBA-NEC RATIFICATION,’ – JUDGE (COURT ORDER)

The Federal High Court recently set aside the ratification by Nigerian Bar Association National Executive Council, the suspension of Mrs. Joyce Oduah as NBA General Secretary.

Below is a certified copy of the ruling which has become a subject of controversy between NBA and Oduah.

EDITOR'S CHOICE
Aug 25, 2022
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ANXIETY, AS ODUAH, OLANIPEKUN ISSUES MAY TOP NBA-AGM TODAY

• ODUAH KEEPS MUM, BATTLES TO SECURE CTC OF COURT ORDER
• PRESSURE ON AKPATA TO STEM ANTI-OLANIPEKUN PROTESTS
• LAWYER ASKS NBA TO RESCIND NAMING OF NBA BUILDING AFTER AKEREDOLU

There is palpable anxiety as lawyers troop to Eko Atlantic City for this year’s Nigerian Bar Association (NBA) Annual General Meeting (AGM) which kicks off at noon today.

This may not be unconnected with the face-off between Mrs. Joyce Oduah and the NBA leadership as well as the controversy that trailed NBA’s demand that Chief Wole Olanipekun SAN recuse himself as the Chairman of the Body of Benchers (BoB)pending a probe of allegation of professional misconduct against Ms. Adekunbi Ogunde, a Partner in his law firm.

Though a Federal High Court sitting at Abuja had nullified the ratification of Oduah’s suspension by National Officers, both NBA and the estranged General Secretary have given varied interpretations to the ruling.

While Oduah’s Lead Counsel, Mr. Muritala Abdul-rasheed SAN told CITY LAWYER that his client has fully bounced back to her position as General Secretary following the annulment of the ratification by the National Executive Council (NBA-NEC), the Lead Counsel to NBA, Mr. Godwin Omoaka (SAN) countered this position, saying Oduah remains suspended.

Efforts by CITY LAWYER to know whether Oduah will attend the meeting to reclaim her seat proved abortive, as calls to her verified telephone number were not answered. She also did not respond to text messages.

On his part, Abdul-rasheed did not also respond to calls and messages, though he promised to return CITY LAWYER’s calls. He did not do so at press time.

CITY LAWYER gathered that Oduah has been battling to obtain a certified copy of the court’s ruling. An impeccable source told CITY LAWYER that this proved abortive as at yesterday, adding that “her lawyers will continue the quest today.”

An unimpeachable source at NBA HOUSE told CITY LAWYER that NBA President, Mr. Olumide Akpata has come under pressure to quell any anti-Olanipekun protests at the Annual General Conference. This may not be unconnected with speculations that there are plans to stage protests to force the former NBA President to quit the BoB position pending a determination of NBA’s petition against Ogunde.

There are indications that the matter may be raised under “Any Other Business.”

Meanwhile, a senior lawyer and former Secretary of NBA Lagos Branch, Mr. Seth Amaefule has urged the association to rescind the naming of a wing of NBA building after Ondo State Governor and former NBA President, Mr. Rotimi Akeredolu SAN.

He prayed the meeting as follows: “That the naming of the Wing of the NBA Building situate at Ogo Aro Crescent, Area 2 Garki CBD, Abuja housing the NBA Human Rights Institute named after His Excellency Arakunrin Oluwarotimi Akeredolu, SAN (Past President of NBA and present Executive Governor of Ondo State) be set aside by this Annual General Meeting on the ground that this is not a name associated with human rights activism and public interest litigation in Nigeria.”

Click here to download the petition.

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EDITOR'S CHOICE
Aug 25, 2022
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BREAKING: KIDNAPPERS FREE 2 LAW SCHOOL STUDENTS

The two Nigerian Law School students kidnapped last week by gunmen have regained their freedom after spending one week in the kidnappers’ den.

CITY LAWYER gathered that the students may have been freed yesterday and have since resumed lectures at the Agbani Campus of the Nigerian Law School.

Efforts by CITY LAWYER to reach the kidnap victims proved abortive as their telephone lines were switched off.

CITY LAWYER recalls that the students were reportedly snatched by gunmen around 8 pm last Wednesday while at the Eke Agbani Market to buy foodstuff.

A source had told newsmen that “Two Nigerian Law School students were kidnapped yesterday night by unidentified gunmen at Eke market, Agbani, Enugu.

“Actually, four students were in the car that belonged to one of the students. The students left the campus to get food around 8pm. However, two students managed to escape at gunpoint. We are yet to hear anything from the abductors.”

A source who is familiar with the matter told CITY LAWYER that both the leadership of the Council of Legal Education and Nigerian Law School “were deeply concerned about the incident and made spirited efforts to secure the release of the students. We are happy that they could rejoin their colleagues for the forthcoming Bar Finals exams.”

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EDITOR'S CHOICE
Aug 24, 2022
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AKPATA RAPS CONFEREES FOR RIOT OVER AGC BAGS (VIDEOS)

The President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has berated conferees who invaded the Accreditation Centre to cart away conference bags and other items.

Akpata, who was delivering an apology for his lateness to the President’s Dinner organized as one of the highlights of the ongoing NBA Annual General Conference, said that he was held up by the chaos that broke out yesterday evening over delivery of conference bags.

CITY LAWYER had captured the moment when the vehicle conveying the conference bags arrived to the hot embrace of the teeming conferees who had massed around the Accreditation Centre to collect the bags. A security officer told CITY LAWYER that the organisers were having a tough time with crowd control, as the conferees were blocking the access route to be used by the vehicle to deliver the bags to the Accreditation Centre.

Saying that it was not in his character to attend such events late, Akpata beamed a clip of the riot on the wide screen, adding: “It is a sad commentary. But this is really who we are. We must not delude ourselves. We are as good as our weakest link.”

He noted that the Technical Committee on Conference Planning (TCCP) had explained that it insisted on top quality bags for the conferees, leading to its rejection of the low quality bags supplied by the vendor. He wondered why the conferees would not exercise patience, moreso when the quality bags had been supplied.

Fiery human rights activist and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu had lampooned some conferees who staged a protest earlier on the same issue.

He said: “Nigeria is nothing if not impressive. Ask these same lawyers to protest over their Governor stealing money or politicians in Abuja stealing the country into destitution & calling it fuel subsidy, they will object & tell you how respectable a bunch of lads they are. But we will protest over bags! Our situation passeth all understanding.”

CITY LAWYER recalls that the TCCP Chairman, Mr. Tobenna Erojikwe had in an update to conferees noted that the committee had rejected the bags because they did not meet the agreed standards.

His words:

Dear Colleagues,

I welcome you again to Lagos for our 62nd Annual General Conference. I hope that the registration process has been pleasant for you thus far.

Thank you for the feedback that we have received from you on various points and for the commendations too. In cases where you suggested that we make improvements, we have taken note and will continue to work towards giving you a better experience.

Regarding the ongoing collection of conference materials, I am writing to update you that we will now pause collection of conference materials (specifically the conference bags) until further notice. This is because while we have ordered more than enough bags to serve our delegates, we have now observed that the most recent batches of the bags delivered to us are less than the quality that we contracted and paid for. We have accordingly rejected them and asked our suppliers to provide conforming replacements as soon possible.

In any case, to enable our delegates continue to enjoy the conference, all other materials (particularly the tags, tickets and lanyards) will still be issued to you at the designated collection points. Collection of the bags will resume afterwards.

I thank you for your understanding and regret any inconvenience that this might cause you.

My best regards,

Tobenna Erojikwe
Chairman, NBA TCCP 2022

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EDITOR'S CHOICE
Aug 24, 2022
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NBA-AGC: ‘BOLD TRANSITIONS WILL SUSTAIN GOOD LEGACIES,’ SAYS LOC CHAIR

WELCOME ADDRESS BY CHAIRMAN OF THE LOCAL ORGANIZING COMMITTEE

“Transitions in life can offer opportunities for discovery.” – Robbie Shell

On behalf of the chairmen and members of all the branches of the Nigerian Bar Association (NBA) in Lagos State, it gives me great pleasure to welcome you to the 62nd Annual General Conference (AGC) of the NBA.

It is commendable that for close to 62 years, the NBA has sustained the tradition of gathering in large numbers to interrogate topical legal issues, review the state of our dear nation, network and take the very needed rest from the rigors of legal practice.

Reflecting on the theme of this year’s conference, I recall that His Lordship, Galinje JCA (as he then was), said in Leo Melos Pharmaceutical Industries Ltd v. Union Homes Savings & Loans Ltd (2010) LPELR-4431(CA) (Pp. 7-8 paras. F) that “any law that does not provide for the transition of actions that are pending, cannot by any stretch of imagination be a good law.” Taking his cue, I am emboldened to say that any Association that does not provide for transition of pending actions cannot be a good Association. It is only by bold transitions that right strides of receding administrations can be sustained or improved upon.

I have the enviable duty of welcoming you to Lagos (originally known as Èkó), the Center of Excellence, the largest city in Nigeria and the second most populous city in Africa, with a population estimated at 28 million . The city of bold transitions…and pacesetter on many fronts.

The night life here is arguably the best in Nigeria. Tourist attractions abound. Please do not forget to savour the taste of the famous amala and ewedu you have been hearing about, as well as witnessing the cultural displays and theatre arts you read about. I can tell you (without the need to send you an invoice for professional fees) that the warmth, hospitality and conviviality of Lagosians is second to none.

I encourage you to take out time to appreciate all that Lagos has to offer. Do note, as you move around this mega city that planning is very important. So, please plan your movement so you do not get stuck in traffic jams.

Once again, welcome to Lagos, the city of aquatic splendor, cultural attractions and mouth-watering cuisine. Have a splendid conference experience.

Ikechukwu Uwanna
Chairman, Local Organizing Committee
2022 NBA AGC

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EDITOR'S CHOICE
Aug 24, 2022
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NBA-AGC: SPIDEL HOLDS AGM, PARLEY ON UNDERMINING JUDICIARY TODAY

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) will on Wednesday at 5 pm hold its Annual General Meeting as a part of the ongoing NBA Annual General Conference.

According to a statement by NBA-SPIDEL Publicity Secretary, Mr. Godfrey Echeho, the AGM will hold at Eko Atlantic City, venue of the Annual General Conference.

Meanwhile, the Section will on Wednesday at 11 am hold a Breakout Session on the “Consequences of undermining the judiciary under our democracy.”

Among the Panelists are leading human rights activists, Mr. Femi Falana SAN and Chief Mike Ozekhome SAN . Others are the Founder/Director of PRAWA, Dr. Uju Agomoh as well as the Executive Director of Access to Justice, Mr. Joseph Otteh. The Moderator for the session is NBA-SPIDEL Chairman, Dr. Monday Ubani.

The statement noted that highlights of the AGM would include presentation of reports by NBA-SPIDEL Chairman, Dr. Monday Ubani as well as the Treasurer’s Report by Ms. Funmi Adeogun.

The Annual General Meeting will also witness unveiling of the NBA-SPIDEL Branch Representatives who will drive the activities of the Section at branch level.

NBA-SPIDEL members at the Annual General Meeting will also go home with tickets “to benefit from the free Law Pavilion Package granted to all members,” the statement said.

On the other hand, the SPIDEL Breakout Session has NBA-SPIDEL Chairman, Dr. Monday Ubani, as Moderator while Panelists include leading human rights activist, Mr. Femi Falana SAN; a frontline human rights advocate, Chief Mike Ozekhome SAN; the Executive Director of Access to Justice, Mr. Joseph Otteh, and the Director/Founder of PRAWA, Dr. Uju Agomoh.

The session holds at 11 am at Atlantic City, Lagos while the Coordinators are Ogechi Ugwuegbulam and Raymond Nkannebe.

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EDITOR'S CHOICE
Aug 23, 2022
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SUSPENSION: NBA, ODUAH DISAGREE ON COURT’S RULING ON NEC RATIFICATION

There is a fierce disagreement between the Nigerian Bar Association (NBA) and Mrs. Joyce Oduah as to the effect of today’s ruling by the Federal High Court on Oduah’s suspension as General Secretary.

While the Lead Counsel to Oduah, Mr. Muritala Abdul-rasheed SAN told CITY LAWYER that the court has nullified the suspension for all times, the Lead Counsel to NBA, Mr. Godwin Omoaka SAN said that the suspension by the National Officers subsists.

CITY LAWYER gathered that the Motion on Notice to set aside the suspension by the National Officers could not be taken as the third to 13th defendants had not been served. The court then granted an order to serve the defendants by substituted means.

It was at this stage that Mr. Ayotunde Ogunleye, who held the brief of Abdul-rasheed, told the court that the NBA-NEC had proceeded to ratify Oduah’s suspension, saying this was an affront on the court.

CITY LAWYER gathered that the court berated the NBA-NEC for the ratification and set same aside, even as it adjourned the substantive motion to August 31, 2022 for hearing.

Speaking on the import of today’s ruling, Abdul-rasheed told CITY LAWYER that the suspension by NBA has been laid to rest. “Everything relating to the suspension has been nullified by the court,” he said. “You will recall that the decision by the National Officers remained inchoate unless and until ratified by the NBA-NEC. Given that the ratification has now been set aside by the court, our client has been restored to her position. The Motion on Notice has become academic and we shall withdraw same at the next adjourned date. We shall however proceed with the lawsuit vis-a-vis the other prayers we are seeking from the court. Indeed, we shall be amending the processes to claim huge damages against the NBA for the disrepute to which they had brought on our client.”

Omoaka disagrees vigorously with Abdul-rasheed, saying that the court only set aside the NBA-NEC ratification.

He stated that the suspension by the National Officers “remains undisturbed by the court’s ruling which only relates to the subsequent ratification by NBA-NEC.”

He stated that both the Motion on Notice and original lawsuit seeking to set aside the decision by the National Executive Committee have not been decided by the court. “The matter has not been heard and determined on the merits, ” he argues. “If the argument is that the suspension has been set aside by the court, what then is the import of the plaintiff’s processes in the court’s file?”

CITY LAWYER recalls that Justice A. R. Mohammed had last week declined to grant Oduah’s prayer for interim reliefs, leading to her exclusion from superintending the NBA Secretariat at the recently concluded NBA National Executive Council (NBA-NEC) Meeting which held last Sunday on the sidelines of the Annual General Conference.

The NBA-NEC had brushed aside the court case to ratify Oduah’s suspension by the National Officers, even as it fell short of impeaching her, citing the lawsuit. The meeting also ratified the appointment of Ms. Uche Nwadialo as Acting General Secretary.

Justice Mohammed had however adjourned the matter to today for hearing on Oduah’s Motion on Notice, the court having ordered her to serve NBA with the processes.

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police. The ex-parte application had sought to restrain the NBA and other defendants from giving effect to Oduah’s suspension by the NBA National Executive Committee among other reliefs.

CITY LAWYER had in an exclusive report noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for removal over alleged gross misconduct.

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

EDITOR'S CHOICE
Aug 23, 2022
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FIREWORKS, AS ODUAH, NBA CLASH IN COURT TODAY OVER SUSPENSION

The legal face-off between suspended Nigerian Bar Association General Secretary Joyce Oduah and the association peaks today at the Federal High Court as parties go for each other’s jugular.

Justice Mohammed had however adjourned the matter to today for hearing on Oduah’s Motion on Notice, the court having ordered her to serve NBA with the processes.

CITY LAWYER had in an exclusive report noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for removal over alleged gross misconduct.

Oduah’s Counsel, Mr. Ayotunde Ogunleye (who stood in for Lead Counsel, Mr. Muritala Abdul-rasheed) had informed the court of the pendency of an ex-parte application dated and filed on 16th August, 2022. He sought to move the application.

In opposing the application, Mr. Solomon Umoh (SAN) and Mr. Godwin Omoaka (SAN) announced their appearances on behalf of the Incorporated Trustees of the Nigerian Bar Association and Mr. Olumide Akpata respectively, the 1st and 2nd Defendants, and informed the court that the matter was brought to their attention through social media.

Omoaka told the court that a preliminary objection challenging the jurisdiction of the court to hear Oduah’s suit as well as the ex-parte application had been filed on behalf of the two defendants.

He argued that the law is settled that where an objection to the jurisdiction of the court is raised, the court has an obligation to hear the objection first before attending to any other matter or application.

Omoaka then urged the court to set down the Preliminary Objection for hearing and ahead of hearing of the applicant’s ex-parte application.

Ogunleye however objected to Omoaka’s submissions, arguing that the business of the day was the hearing of the ex-parte application. He stated that the rules of court and judicial precedents are clear that where a defendant is present at the hearing of an ex-parte motion, he can only be seen and not heard.

Replying on points of law, Omoaka distinguished the authorities cited by Oduah’s Counsel from the case at hand and urged the court to first set down the preliminary objection for hearing.

In a short ruling, the court agreed with Omoaka that where a preliminary objection is raised, the court has a duty to hear it first. Justice Mohammed however held that the business of the day was the hearing of the ex-parte motion.

The court further held that it would exercise its discretion to hear the ex-parte application and set down the preliminary objection for hearing at a later date. This paved the way for Ogunleye to move the ex-parte application.

Ogunleye prayed the court for various injunctive and preservative reliefs.

In its ruling on the ex-parte motion, the court observed that the reliefs sought were the same as the reliefs sought in Oduah’s Motion on Notice. It declined to grant the prayers and ordered that the defendants be put on notice.

Abdul-Rasheed had confirmed the ruling to CITY LAWYER, saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

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EDITOR'S CHOICE
Aug 23, 2022
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NBA-AGC: ATIKU, PETER OBI, OTHERS CLASH AT FIRST DEBATE

In what may pass as their first presidential debate in the run-up to the 2023 National Elections, former Vice President Atiku Abubakar and former Anambra State Governor, Mr. Peter Obi went head-to-head yesterday at the ongoing Nigerian Bar Association Annual General Conference (NBA-AGC).

The presence of the leading presidential candidates confirms CITY LAWYER’s exclusive report that the duo would attend the event.

One of the highlights of the Opening Ceremony monitored by CITY LAWYER was the Keynote Address delivered by globally acclaimed writer, Chimamanda Ngozi Adichie.

Atiku and Obi were among five presidential candidates who gave insights on how they plan to turn Nigeria’s fortunes around if elected president at the forthcoming general elections. The All Progressives Congress (APC) presidential candidate, Senator Bola Ahmed Tinubu was conspicuously absent. Also absent was the New Nigeria Peoples’ Party (NNPP) presidential candidate, former Governor Rabiu Musa Kwankwaso. Tinubu was however represented by the party’s vice presidential candidate, former Borno State Governor, Kashim Shettima.

Themed “Democratic Transitions in 21st Century Nigeria: 2023 & Beyond,” the face-off was moderated by former NBA President and NBA Board of Trustees Chairman, Dr. Olisa Agbakoba SAN.

The high-profile Opening Ceremony which held at the prestigious Eko Hotel & Suites, Lagos was witnessed by leading jurists at the Bar and Bench.

Aside from speeches by the Local Organising Committee Chairman, Mr. Ikechukwu Uwanna; Technical Committee on Conference Planning (TCCP) Chairman, Mr. Tobenna Erojikwe and outgoing NBA President, Mr. Olumide Akpata, Goodwill Messages were received from the Chief Justice of Nigeria, Justice Olukayode Ariwoola, who was represented by Lagos State Chief Judge, Justice Kazeem Alogba as well as the Lagos State Governor, Mr. Babajide Sanwo-Olu, who was represented by the Attorney-General & Commissioner for Justice, Mr. Moyosore Onigbanjo (SAN).

Governors Solomon Lalong and Godwin Obaseki of Plateau and Edo states respectively also attended the conference as well as NBA President-elect, Mr. Yakubu Maiyau SAN and his rival during the recently concluded NBA Elections, Chief Joe-Kyari Gadzama SAN.

According to a PUNCH newspaper report, Atiku and Obi flayed the Federal Government over the insecurity and economic crisis confronting the nation, stating that Nigeria possessed all the negative indices that qualified it as a failed state.

The two candidates agreed that 2023 is Nigeria’s decisive year, noting that the election is critical to the country’s existence. On his part, Shettima urged Nigerians to vote for their joint ticket because of their achievements as governors in Lagos and Borno states.

Ariwoola, Sanwo-Olu and Adichie were among speakers who advocated the reform of the Nigerian judiciary in order to position the country on the path of transformational change.

In his remarks, Atiku observed that the country is more disunited today than it had ever been since democracy took root in 1999, noting that Nigeria had never found itself in such a very critical situation in its history.

He stated that Nigeria had all the negative indices, adding that the nation had never experienced the current level of poverty, insecurity and unemployment. He noted that “Since the return of democracy in 1998/99, Nigeria has never found itself in such a very very critical point in our history.

“Today, we have had all the negative indices. Today, we are all disunited in the nation. We have never experienced this level of poverty. We have never experienced this state of insecurity. We have never experienced this level of unemployment. We have recognised all these negative development in our history.”

He added that the important thing was to tackle the challenges. “This is where history and experience beckon to us that we don’t get it wrong at this point in time. If we get it wrong, I don’t know when we will get it right,’’ he noted.

An online newspaper, The Cable reported that ex-vice-president revealed that he would hand over the federal universities to states if he was elected president. According to the report, Atiku said his administration’s reform would involve creating an enabling environment for foreign and local investors. The reforms, he further explained, would include healthcare and education ‘’because the government alone cannot bring about development.’’

He stated, ‘’One of the fundamental reforms I have in my policy document is to encourage the private sector as far as the development of the country is concerned — both foreign and local. It is very essential because the federal government does not have the resources to do all the things that they want to do,” he said.

POWER DEVOLUTION
Shedding more light on his plans, he stated, “The only way is to make sure that a conducive environment is available for the local and foreign investors to participate in the development of our country, whether it is infrastructure, education and healthcare.

“I had an argument with a university professor from Federal University, Lokoja. He said he read in my policy document that I intend to devolve, in other words, to return education to the states. How dare I do that?

‘’I said: ‘Mr professor, do you realise that the first set of our universities belongs to the regional governments?’ He said, ‘yes’. I said ‘who are the successors of the regional government?’ He said: ‘the states’.

“I said the children you send to America or England; who owns those universities? Mostly, the private sector. So, why is it that you think we cannot do it here? We don’t have the money.”

Atiku posted on his Twitter page on Monday that he was at the NBA conference to give lawyers insights into his bold policy which he said embodies unity, security, economy, education and devolution of power to states and local governments.

The Labour Party presidential candidate, Obi in his remarks said ‘’the election will not be about tribe, religion, connection, entitlement, but it must be about competence capacity and commitment to deliver.” Obi said that Nigeria needs urgent transition from being a highly insecure country to a secured one and from a disunited country to a united one.

He added, “Nigeria has qualified to be a failed state. We have the two or three biggest characteristics of a failed state. One is when you are no longer in charge of your territory.

“Today, we are among the top terrorised countries in the world; we are among the top kidnapping countries in the world. Banditry has taken over part of the country and Nigerians are being killed.”

He called on Nigerians to elect the candidate with the capacity to rescue the nation from its current mess. “Nigeria is in a mess. We got here simply because of the accumulative effects of bad leadership. The coming election is not about tribe or religion but about character and competence. We need a bold transition from a highly insecure state to a highly secured state,’’ he noted.

The APC running mate, Shettima pointed out that his principal would replicate at the federal level the feats he recorded in Lagos when he was the governor. Shettima said they would hit the ground running if elected into office in 2023. He stressed that Tinubu is the man to beat because of his skill-set. “I aligned with the APC candidate because of his competence and performance,’’ he affirmed.

The vice-presidential candidate said as governor of Borno state, he facilitated the construction of the best schools in the country. “Nigerians have the capability to see through the worn-out rhetoric and sophistry of pretentious politicians,” he said in a veiled attack on his opponents.

“Nigerians should ‘follow the man wey know the road.’ From day one, we will hit the ground running. We’ll promptly address the issue of the economy, ecology, and security.

“And we have the antecedents. I built some of the best schools in Nigeria. Go to Borno and see wonders; you will never believe that it is a state in a state of war. So, we are going to replicate our achievements in Lagos, in Borno and some of the frontline states so that our nation will be a better place.’’

Shettima asked the NBA delegates to make an informed decision in changing the narrative of leadership in the 2023 general elections, saying his principal is the man to beat. He urged lawyers to choose a leader that has established records, stating that he had mentored men and women.

ADICHIE ON HEROES
The guest speaker at the conference, Adichie in her keynote address said the country was in disarray and needed heroes to save it. She said, “Nigeria is in disarray; things are hard and getting harder by the day. We can’t be safe when there is no rule of law. Nigerians are starved of heroes to look up to.

“Late Dora Akunyili and Gani Gawehimmi were heroes that Nigerians looked up to before now. Unfortunately, that era has gone. I believe that NBA is in a position to give the nation heroes that we can look up to lead the nation.’’

Stressing the imperative of justice, the author of Half of a Yellow Sun and other books, further said, “As long as we refuse to untangle the knot of injustice, peace cannot thrive. If we don’t talk about it, we fail to hold leaders accountable and we turn what should be transparent systems into ugly opaque cults.’’

She submitted that many people who have abused their positions in Nigeria would regard the NBA as troublesome. Adichie called for an incorruptible judicial system and advised the NBA to leverage technology in the judicial process and the administration of justice in the country.

“As the NBA continues to fight the abuse of power, it must also look inward not to be corrupted,’’ the award winning author admonished.

The presidential candidate of the Social Democratic Party, Adewole Adebayo lamented that the country’s crude oil was being stolen by the government. Adebayo advised the conference participants to be suspicious of every statistic being given.

The presidential candidates of the African Democratic Party and the All Progressives Grand Alliance, Mr. Dumebi Kachikwu and retired Justice Peter Umeadi also spoke at the conference.

Earlier, Justice Ariwoola said the Bar and Bench must return to the days when the ethics of the legal profession was upheld and enforced. He said that the justice sector is very important to the survival of Nigeria so all stakeholders must ensure that it is protected and improved upon so it can continue to provide hope for the masses.

Also speaking at the conference, which has over 13,000 delegates in attendance, Sanwo-Olu said the state’s judicial system had upheld the legacies of the past administration in the improvement of the legal practice. His words: “We have continually transformed our structures, building new courtrooms, renovating existing ones, to create a more conducive environment for our judges and to efficiently administer justice.’’

“I can boldly say that no state takes the funding of the judiciary as seriously as Lagos State, and this is a legacy that has been sustained by successive administrations since 1999,” he said.

NBA PRESIDENT SPEAKS
On his part, Akpata said it was the greatest privilege of his life to have piloted the association.

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EDITOR'S CHOICE
Aug 22, 2022
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SUSPENSION: ODUAH’S LAWYER REACTS, SAYS RATIFICATION A MOCKERY

The Lead Counsel to Mrs. Joyce Oduah, the suspended General Secretary of the Nigerian Bar Association (NBA), Mr. Muritala Abdul-rasheed SAN has condemned NBA National Executive Council (NBA-NEC) for ratifying her suspension by the National Officers.

Asked whether he was satisfied with the outcome of yesterday’s NBA-NEC meeting which fell short of impeaching Oduah due to a pending lawsuit at the Federal High Court, Abdul-rasheed said cryptically: “Not at all!”

He told CITY LAWYER that “It (ratification) is a decision that made mockery of the fundamental objective of the NBA.”

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Committee also stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Oduah however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Oduah had urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), Abdul-rasheed blamed Akpata from Oduah’s travails.

In an email sent to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

Dated August 18, 2022, the email was copied to the Attorney-General of the Federation and Minister of Justice, NBA Trustees, all Senior Advocates of Nigeria, members of the Body of Benchers, National Executive Committee members, chairmen and secretaries of NBA branches, co-opted NBA-NEC members, past NBA National Officers, and all NBA members.

Abdul-rasheed argued that the suspension of a National Officer “is not contemplated by the Constitution of the NBA,” adding that “members of the Executive Committee have no vires to discipline or suspend our client from office as they purport to do in their misguided resolution.”

He prayed the NBA-NEC members to respect the pending case, noting that Oduah is “the center gravity and engine room of NBA-NEC meetings” and that “The purported suspension of our client was illegally carried out.”

The email which was titled “RE: SUIT NO : FHC /ABJ/CS/1426 /2022 Between: Mrs . Joyce Oduah V . The Incorp. Trustees of the NBA,” noted that the matter came up for hearing last Thursday, adding that “At the proceedings, the Incoorporated (sic) Trustees of the Nigerian Bar Association was represented by Mr. Solomon Umoh, SAN, while Mr. Olumide Akpata, the President of the NBA, was in Court in person and represented by Mr. Godwin Omoaka, SAN. The Defendants therefore are aware of the pendency of the action.”

Noting that NBA’s core objective “is promotion and protection of the principles of rule of law and respect for fundamental rights, human rights and people’s rights, Oduah’s counsel stated that “we have our client’s instruction to to respectfully pray the NBA-NEC thus:

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

ii. that all parties to the pending litigation respect the rule of law and desist from taking any steps, action(s), move motion(s) and/or pass resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and

iii. that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC.”

In a veiled reference to Akpata, Abdul-rasheed prayed that “NEC will NOT allow any member, no matter how highly placed or influential, to surreptitiously move her to take any of the above actions.”

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EDITOR'S CHOICE
Aug 22, 2022
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‘WE’LL DELIVER SEAMLESS NBA TRANSITION,’ SAYS OGBOLE

The Chairman of the 2022 Nigerian Bar Association (NBA) Transition Committee, Chief Paul Harris Ogbole, SAN has again assured that there would be “a smooth, orderly and peaceful transition and transmission of power from the outgoing administration to the in-coming one.”

The senior lawyer, in a statement made available to CITY LAWYER, welcomed conferees to this year’s AGC, and stated that his Committee was “working assiduously with and receiving the necessary cooperation from the Olu Akpata-led Executive, the Y.C Maikyau marshalled in-coming EXCO and, indeed, all stakeholders.”

He added that his Committee “will work relentlessly to ensure the that the incoming Maikyau administration will hit the ground running upon assumption of office.”

While wishing conferees a memorable AGC, the Senior Advocate of Nigeria advised them to make the most of the opportunity offered by the largest gathering of lawyers on the African continent, to rest, exercise, socialise and consolidate on their social network.

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EDITOR'S CHOICE
Aug 22, 2022
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MARITIME LAW BOOK NOW AVAILABLE AT AGC

A text on Maritime Law and Practice in now available for purchase at the ongoing NBA Annual General Conference.

Authored by a leading text writer on Law, Mr. Osondu Ajuzie, the book comes highly recommended.

The book, Modern Maritime Law and Practice in Nigeria, is available for purchase at discounted AGC rate.

See flyer for details.

Title of Book: Modern Maritime Law and Practice in Nigeria

Name of Book Reviewer: Professor Paul C. Ananaba (SAN).

Area of Relevance: Admiralty/Maritime Industry

Publisher: University of Lagos Press

Year of Publication: 2020

Place of Publication: Lagos, Nigeria

Name of Author: Ajuzie Chizoba Osondu

Author’s Qualifications: Double LL.M (University of Lagos and Lagos State University); Ph.D Candidate (Babcock University)

Page Extent: 473 (excluding Preliminary Pages)

Number of Chapters: 12 Chapters

Chapter 1 Meaning and Brief History of Maritime Law
Discussed issues such as meaning of maritime law; reason for its emergence; distinction between maritime and admiralty law; origin and development of international maritime law; history of English maritime law; origin and development of Nigerian maritime jurisdiction; establishment of the Federal Revenue Court, admiralty jurisdiction controversy and resolution of the controversy; the bases of the present exclusive admiralty jurisdiction of the Federal High Court and the extent thereof.

Chapter 2 Domestic Legal and Institutional Framework
It ex-rays topical issues such as constitutional and legislative framework for maritime regulation in Nigeria; domestic maritime regulatory institutions, such as Nigerian Maritime Administration and Safety Agency (NIMASA), National Inland Waterways Authority (NIWA), Nigerian Ports Authority (NPA), Maritime Academy of Nigeria (MAN), et cetera; admiralty jurisdiction regulatory statutes, such as NIMASA Act, Coastal and Inland Shipping (Cabotage) Act; Merchant Shipping Act, et cetera; domestic marine pollution prevention statutes; maritime cabotage, amongst other topical issues.

Chapter 3 International Legal and Institutional Framework
It features such topics as international maritime regulatory instruments, such as United Nations Convention on the Law of the Sea (UNCLOS); instruments for the protection of the marine environment from pollution, such as International Convention on Civil Liability for Oil Pollution Damage (CLC Convention), International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (the Fund Convention), International Convention for the Prevention of Pollution from Ships (MARPOL), et cetera; instruments relating to safety of life at sea, such as the United Nations Convention on Safety of Life at Sea (SOLAS); International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), International Convention on Marine Search and Rescue (SAR), and a host of others.

Chapter 4 Maritime Zones and Boundaries
Discussed issues related to Maritime Zones and Boundaries, with particular reference to definition of maritime boundary; applicable laws, such as UNCLOS; delimitation of international maritime boundaries with particular reference to Baseline, Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone, Continental Shelf, High Seas, The Area, International Straits, Archipelagic States, Regime of Islands, and Enclosed and Semi-Enclosed States, and Land-locked States, Nigeria’s land and maritime borders, and economic potentials derivable from Nigeria’s maritime zones, such as the continental shelf and the seabed resources thereof.

Chapter 5 International Conventions Applicable to Carriage by Sea Contracts with particular reference to the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading 1924 (The Hague Rules), its First and Second Protocols 1968 and 1979 (The Hague/Visby Rules), the United Nations Convention on the Carriage of Goods by Sea 1978 (Hamburg Rules), comparison of the Hague/Visby and Hamburg Rules, and the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (The Rotterdam Rules).

Chapter 6 Elements of Carriage by Sea Contracts
Discussions in this chapter centre on topics such as Charter Party Contracts or Contracts of Affreightment; Contractual stipulations or Implied Obligations; Shipowner’s duties or basic obligations under charter parties; Charterer’s duties or basic obligations under charter parties; Application of International Conventions to charter parties; Contracts of General Carriage by Sea; and Average.

Chapter 7 Marine Insurance Law
with particular reference to Meaning of Insurance; Definition of Marine Insurance; Divisions of Marine Insurance; Ancient origin and connection with Lloyd’s of London; Basic issues and applicable Statutes; representations pending negotiation of contract; Indemnity; Indemnity under the Marine Insurance Act; Warranties; Marine Insurance Policies; Risks commonly covered by marine insurance policies; Perils of the Sea; Assignment of Policy; Losses; Proof of Loss, et cetera.

Chapter 8 Maritime Safety Regulations
with particular reference to applicable International Conventions; Employment of Right calibre of Ship’s Master and Crew Members; Compliance with Safety Management Systems; Collision Regulations; Nigeria’s status in relation to the Collision Convention 1910; and Defences available in actions for collision damage.

Chapter 9 Ship Mortgages and Liens
with particular reference to definition and nature of ship mortgage; need for ship mortgage transactions; how safe is the mortgagee in mortgage transactions; distinction between Mortgage, Charge, Pledge and Lien; types of ship mortgages; international Conventions relating to maritime lien and mortgages; rights and obligations of parties to a ship mortgage; and sale or mortgage of a ship outside Nigeria.

Chapter 10 Ship Ownership and Management Process.
Covers topics such as Ship Ownership; reasons and need for ship registration; meaning of ship and ship registration; legal consequences of ship registration; agency responsible for ship registration; ships that may be registered in Nigeria; and procedure of application for ship registration.

Chapter 11 Elements of “SalTowPil”
“SalTowPil” is a short form for salvage, towage and pilotage coined by the author. Discussions in this chapter centre on Salvage operations; Towage operations; Pilotage operations and Wreck operations.

Chapter 12 Practice and Procedure in Admiralty Courts
with particular reference to appropriate authority and power to make rules; Sources of authority to make rules; conflict of rules; and summary of Admiralty Jurisdiction Procedure Rules 2011.

I highly recommend that the book will be of immense benefit and aid to Legal Practitioners in the area of Maritime/Admiralty Law, Lecturers, students at undergraduate and postgraduate levels, Maritime Practitioners, Administrators and Agencies, Judges and Federal and States Ministries of Justice, officials of the Nigerian Maritime Administration and Safety Agency, Nigerian Ports Authority, Ship-owners Associations, Nigerian Shippers’ Council; maritime training institutions, such as Maritime University of Nigeria, Maritime Academy of Nigeria, as well as the general interest reader.

The book is available at the following places: CSS Bookshop Lagos; UNILAG Bookshop; University of Ibadan Bookshop, Ibadan; Booksellers Bookshop Ibadan, Federal High Court Book stands, Court of Appeal Book stands, LASU Faculty of Law Book stand, or direct from Printable Publishing Company (07033343429; 08028291419).

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EDITOR'S CHOICE
Aug 22, 2022
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INIBEHE: NBA-NEC ASKS AKPATA TO DRAG CHIEF JUDGE TO NJC

The last has not been heard about the controversial one-month imprisonment of fiery human rights lawyer, Mr. Inibehe Effiong by the Chief Judge of Akwa Ibom State, Justice Ekaette Obot, as the National Executive Council of the Nigerian Bar Association (NBA-NEC) has directed NBA President to drag the jurist to the National Judicial Council for possible sanctions.

CITY LAWYER recalls that the NBA leadership had waded in to secure the release of the human rights lawyer, 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.”

In a statement titled “RE: DETENTION OF MR. INIBEHE EFFIONG IN AKWA IBOM STATE,”Akpata said: “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.”

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EDITOR'S CHOICE
Aug 22, 2022
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OKUTEPA BLASTS NBA-NEC FOR RATIFYING ODUAH’S SUSPENSION

Fiery senior lawyer, Mr. Jibrin Okutepa SAN has berated the Nigerian Bar Association National Executive Council (NBA-NEC) for ratifying the suspension of erstwhile General Secretary Joyce Oduah.

In a post he made on CITY LAWYER WhatsApp platform, the former NBA Prosecutor at the Legal Practitioners Disciplinary Committee (LPDC) said that “NBA has exhibited the worst example of disrespect for the rule of law and showed total disrespect to the pending processes filed by Mrs Joyce Oduah, Challenging her suspension.”

He also chided NBA President, Mr. Olumide Akpata for presiding over the meeting where the decision was taken, saying: “I think NBA in this case was in a fatal error rooted in self-help to have rectified the suspension being challenged in court. Court processes may be slow, but as professional association we have a duty to show example. Here NBA under Olumide Akpata failed fatally flat in the test for respect for the rule of law and due process when he presided over and took decision that showed lack of respect for our judicial process. We must respect our courts otherwise anarchy is being invited.”

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

Below is the full text of the post:

If the news I read of the just concluded National Executive Council, of NBA that the suspension of Mrs Joyce Oduah as General Secretary of NBA has been rectified, is true, then the National Executive Council of NBA has exhibited the worst example of disrespect for the rule of law and showed total disrespect to the pending processes filed by Mrs Joyce Oduah, Challenging her suspension.

There is no dispute that Mrs Joyce Oduah, had gone to the Federal High Court to challenge her suspension by the NEC of NBA. Those who took part in the said suspension have been sued. There was a motion for injunction pending and which NBA and incorporated Trustees of NBA are aware of. The case is suit No FHC/ABJ/CS/1426/2022. It was adjourned to 23rd August 2022. NBA President Mr Akpata was in Court when the case was adjourned. The case seeks injunction against her suspension and taking any decision to rectify her suspension from office as General Secretary. I am not in support of misconduct alleged against Mrs Joyce Oduah. I am not and I will not if all those allegations or facts alleged against her are true.

But that is another matter altogether. But can NBA whose foremost motto is promoting the rule of law engage in self-help to rectify actions being challenged ed in court. I do not think so. That decision to ratify her suspension is a bad example coming from an association that should be the vanguard of, protection of and promotion of the rule of law. Our courts have consistently frown at resorts to self-help to undermine pending processes.

The principle is settled that the Court cannot be hamstrung by a party who changes the status quo during litigation. Thus, if a party cannot prove its case, the Court is not obliged to indulge the party because it had changed its position during litigation and it may suffer the consequences if the case is resolved against such a party. In consequence, a party who resorts to self-help cannot enjoy any favour from the Court.

That is the essence of the dictum of Nnaemeka-Agu JSC as he then was, in Registered Trustees Apostolic Church v. Olowoleni (1990) 4 NWLR (Pt.1580) 514 at 537 where he said: “Once parties have turned their dispute over to the Courts for determinations, the right to resort to self-help ends. So it is not permissible for one of the parties to take any step during the pendency of the suit which may have the effect of fostering upon a Court a situation of complete helplessness or which may give the impression that the Court is being used as a mere subterfuge to tie the hands of one party while the party helps himself extra judicially. Both parties are to wait the result of the litigation and the appropriate order of Court before acting further.

My lord Hon Justice Nweze JCA as he then was spoke eloquently to the point I am making when he said: “Above all, it has long been settled on the authorities that a court would not hesitate to invoke its disciplinary powers to prevent its processes from being used as a mere subterfuge. Thus, once parties have turned their dispute over to the courts for determination, the resort to self-help must end. Thenceforth, it would not be permissible for one of the parties to take any step during the pendency of the suit which may have the effect of foisting upon the court a situation of complete helplessness. Indeed, a court would always look with askance at any disingenuous approach which may give the impression that it is being used as a mere subterfuge to tie the hands of one party while the other party helps himself extra-judicially. Both parties are expected to await the result of the litigation and the appropriate order of court before acting further. As such, it is a reprehensible conduct for any party to an action or appeal, pending in court, to proceed to take the law into his hands without any specific order of the court and to do any act which would pre-empt the result of the action. The courts frown against such a conduct and would always invoke their disciplinary powers to restore the status quo, Registered Trustees, Apostolic Church v Olowoleni (1990) 6 NWLR (pt 158) 514; Combined Trade Ltd v A.S.T.B. Ltd. (1995) 6 NWLR (pt. 404) 709; Ezegbu v. F.A.T.B. Ltd. (1992) 1 NWLR (pt.220) 699. This ancient rule is even more cogent in a constitutional democracy such as ours where the Judiciary operates as “the guardian of the Constitution”. In the discharge of its guardianship role, it has a duty to ensure that every arm of Government operates only within the substantive and procedural frameworks which the Constitution ordains, AG Bendel v AG Federation [1983] ANLR 208.” Per NWEZE, JCA as he then was now JSC at PP. 40-41, paras. E-F in HON JUSTICE T. A. OYEYEMI (RTD) & ORS V. HON TIMOTHY OWOEYE & ANOR (2012) LPELR-19695(CA).

NBA does not end with the tenure of Olumide Akpata as President. Why will NBA not wait and respect the pending processes which it was aware of and had engaged some senior lawyers to defend. The dispute in this matter having been handed over to the Court for determination, NBA and National Executive Council cannot be allowed to take the law into their own hands. The rule of law and the rule of force are mutually exclusive. Law rules by reason and morality. Force rules by violence and immorality. See The Military Governor of Lagos State & Anor. vs. Chief Emeka Odumegwu Ojukwu & Anor. (1986) 1 NWLR (Pt. 18) 621. A similar action was deprecated by the Supreme Court in The Military Governor of Lagos State v. Chief Emeka Odumegwu Ojukwu (supra), wherein Obaseki, J.S.C. As h/e then was stated as follows: “In the area where the rule of law operates, the rule of self-help by force is abandoned. Nigeria being one of the countries in the world which proclaim loudly to follow the rule of law, there is no room for the rule of self-help by force to operate. Once a dispute has arisen between a person and the government or authority and the dispute has been brought before Court, thereby invoking the judicial powers of the State, it is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course. The action the Lagos State Government took can have no other interpretation than the show of the intention to pre-empt the decision of the Court. The Courts expect the utmost respect of the law from the government itself which rules by the law.”

As my lord Amina Angie JCA as he the was said in DUMBILI NWADIAJUEBOWE VS COL. C. D. NWAWO (RTD.) & ORS (2003) LPELR-7234(CA): As the Supreme Court observed in Ojukwu’s case, the judiciary cannot shirk its sacred responsibility to the nation to maintain the rule of law, and the law should be evenhanded between the government and citizens. What was the hurry? I do not see what the Delta State Government had to lose if it had waited for the substantive case to be decided before it published the Legal Notice. The law is trite that once the Court is seised of a matter, no party has a right to take the matter into his own hands. See The Military Governor of Lagos State v. Chief Emeka Odumegwu Ojukwu (supra), Regd. Trustees Apostolic Church v. Olowoleni (supra), & Bedding Holdings Ltd. v. N.E.C. (supra). It must be repeated, no one (including Government) is entitled to take the law into his own hands. The learned trial Judge was therefore right to have made the injunctive orders granted.”

I think NBA in this case was in a fatal error rooted in self-help to have rectified the suspension being challenged in court. Court processes may be slow, but as professional association we have a duty to show example. Here NBA under Olumide Akpata failed fatally flat in the test for respect for the rule of law and due process when he presided over and took decision that showed lack of respect for our judicial process. We must respect our courts otherwise anarchy is being invited.

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EDITOR'S CHOICE
Aug 22, 2022
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BUZZ, AS ATIKU, PETER OBI STORM LAGOS TODAY FOR NBA-AGC OPENING CEREMONY

There was palpable excitement among delegates who took part in some of the early activities to herald the 2022 Nigerian Bar Association Annual General Conference.

Meanwhile, the eagerly awaited Opening Ceremony of the conference holds today at the prestigious Eko Hotel & Suites, Victoria Island, Lagos.

CITY LAWYER gathered from unimpeachable sources that both former Vice President Atiku Abubakar and the new sensation in town, Mr. Peter Obi have confirmed their attendance at the conference.

Among the early activities that set the stage for the conference were Jumat and Church services, health walk, tree planting campaign and football tournament.

Many lawyers turned out for Health walk which started at Eko Atlantic City through Ahmadu Bello Way, Akin Adesola, to Adeola Odeku, ending again at Eko Atlantic City.

NBA President, Mr. Olumide Akpata led from the front in the fun-filled Health Walk which included dances, music, aerobics, and exercise.

Aside from the religious services, NBA branches have also been slugging it out to decide who will lift the coveted President’s Cup.

The tree-planting campaign was performed by Akpata under the watchful eyes of the Local Organising Committee (LOC) Chairman and NBA Lagos Branch Chairman, Mr. Ikechukwu Uwanna among others.

Meanwhile, Mr. Ifeanyichukwu Obiakor, a former Chairman of NBA Awka Branch, has commended the accreditation process, saying: “Excellent arrangements, very seamless. Your number is called and then we enter batch by batch and get the tags and materials.”

This was echoed by Ms. Uche Nwokolo of NBA Port Harcourt Branch IHS Legal Unit, who said: “In all honesty, I am very impressed with what I am seeing. I got here 6 pm; it was very fast. I received everything in less than 30 minutes. I am happy.”

Also speaking on the annual conference, the Chairman of the 2022 Technical Committee on Conference Planning (TCCP), Mr. Tobenna Erojikwe said: “We are elated at the prompt and seamless accreditation process and collection of conference materials which lasted from 4 pm to 10 pm on Friday.”

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EDITOR'S CHOICE
Aug 22, 2022
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‘BIGWIG’ DOCUSERIES FOR LAUNCH AT NBA-AGC

BIGWIG is a legal docuseries showcasing lawyers in niche law practice who have achieved extensive career milestones in various non-traditional areas of law practice.

According to a statement made available to CITY LAWYER, the media project “features a number of outstanding corporate commercial lawyers, including the amiable Chief Chris Ogunbanjo, who is considered by many to be the forefather of this style of legal practice. These lawyers take us on a journey through their lives, career and law firm development from their cradle to the gigantic and enigmatic firms we all see today.

“Richard Mofe-Damijo, Ebuka Obi-Uchendu and Koye Kekere Ekun, all lawyers in the entertainment industry featured as presenters.

“The BIGWIG EP comprises original musical production by MI Abaga, Kala and Eri.

“BIGWIG seeks to inspire a change in the way the practice of law is viewed, by inviting everyone (especially the young lawyers) to embrace the fluid nature of law and the ability of lawyers to tailor law practice to address any challenge faced by society.”

The series is spearheaded by Lady Justice Production.

To watch the trailer, click here.

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EDITOR'S CHOICE
Aug 21, 2022
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BREAKING: NBA-NEC RATIFIES ODUAH’S SUSPENSION AS GENERAL SECRETARY

The National Executive Council of the Nigerian Bar Association (NBA-NEC) has ratified the suspension of Mrs. Joyce Oduah as the General Secretary of the association, CITY LAWYER can authoritatively report.

However, the NBA-NEC also ratified the appointment of Ms. Uche Nwadialo as the Acting General Secretary for the association.

The NBA-NEC however fell short of removing Oduah in view of the lawsuit filed by the suspended NBA General Secretary challenging her suspension by the National Officers.

Oduah has however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Details soon.

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EDITOR'S CHOICE
Aug 21, 2022
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LAW SCHOOL 1995 CLASS REUNION DINNER HOLDS TOMORROW

The Nigerian Law School 1995 Call Set Alumni Association will hold its inaugural reunion dinner tomorrow at the Federal Palace Hotel, Victoria Island, Lagos.

According to a statement made available to CITY LAWYER by the Chairman of the Reunion Dinner Planning Committee, RHC Yusuf Asamah Kadiri SAN, “I am very delighted to announce, for and on behalf of the Reunion Dinner Planning Committee, that everything is set for us all to have a memorable Reunion Dinner event tomorrow evening (Monday, 22nd August 2022), by the grace of Almighty God.”

Reeling out the full schedule for the reunion dinner, Kadiri said: “We look forward to seeing members of the Call Set at the Reunion Dinner event tomorrow.”

Mr. George Etomi (FNIALS, NPOM), Founding Partner of GEPLAW is the Guest Speaker for the event.

The President of the Class, Mrs. Cordelia Eke said: “I wish to welcome all members of the Set that would be participating at the NBA AGC holding in Lagos. I also specially welcome our members that have subscribed to the Reunion Dinner and look forward to receiving everyone on Monday 22nd August 2022 at the Federal Palace Hotel.

“I must commend the Reunion planning Committee led by Prince Yusuf Asamah Kadiri SAN for the fantastic job done so far in putting the event together as we look forward to reuniting with old friends from the Law School, networking and exploring opportunities for growth and future engagements in the midst of music and entertainment. Indeed, it would great to unwind amongst friends.

“We thank all our donors and sponsors for the event and indeed all members that have identified with us.”

Highlights of the programme are below:

5:00pm – Arrivals, Registration, Red Carpet, and Pre-Dinner Cocktails

6:00pm – Commencement:

1. National Anthem/ Opening Prayers (Inter-Religious – joint Islamic and Christian Prayers)

2. A Minute silence in honour of departed members.

3. Brief Welcome by Chairman of the Reunion Dinner Planning Committee

4. Brief Remarks by President of the NLS 1995 Call to Bar Class

5. Dinner is served

6. Dinner Talk – Guest Speaker (Mr. George Etomi, FNIALS)

7. Health Talk – Guest Speaker (Dr. Ifeoma Chukwuma, PhD – Natural Health Expert)

8. Musical & Entertainment Interludes

9. Cutting the Reunion Cake

10. Raffle Draw/American Auction

11. Vote of Thanks by the Secretary of the Reunion Dinner Planning Committee

12. Dance, Dance, Dance

13. Closing

We look forward to seeing members of the Call Set at the Reunion Dinner event tomorrow.

Note that Access Card admits.

Thank you, and best regards.

SIGNED:
RHC YUSUF ASAMAH KADIRI SAN
Chairman, Reunion Dinner Planning Committee

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EDITOR'S CHOICE
Aug 21, 2022
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IMPEACHMENT: ODUAH KNOWS FATE TODAY, ASKS NEC MEMBERS TO SHUN MOVE

PHOTO EXCLUDED IN NEC BUNDLE

The fate of the suspended General Secretary of the Nigerian Bar Association Joyce Oduah will be decided today by the National Executive Council of the Nigerian Bar Association (NBA-NEC).

The NBA-NEC meeting holds today at 4 pm at the Eko Atlantic City, Lagos, venue of this year’s NBA Annual General Conference (AGC).

Meanwhile, Oduah’s photograph is conspicuously absent from the list of National Executive Committee members as listed in the NEC Bundle sent to members for today’s meeting. It has been replaced with the photograph of Acting General Secretary, Ms. Uche Nwadialo. The notice for the NEC Meeting issued by the suspended General Secretary is however retained while her photograph also adorns the AGC Programme as “General Secretary,” perhaps due to logistical challenges.

Meanwhile, Oduah has urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), her Lead Counsel and former Chief of Staff to NBA President, Mr. Muritala Abdul-rasheed SAN blamed Akpata from Oduah’s travails.

In an email sent yesterday to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

iii. that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC.”

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EDITOR'S CHOICE
Aug 20, 2022
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WHY ABUJA COURT REFUSED INTERIM RELIEFS TO ODUAH: THE INSIDE STORY

The quest by suspended Nigerian Bar Association General Secretary Joyce Oduah to return to her position was scuttled by the similarity in the prayers sought in the plaintiff’s two applications before the court, CITY LAWYER can authoritatively report.

According to a source who attended the court hearing, though NBA had urged Justice A. R. Mohammed of the Federal High Court not to entertain Oduah’s ex-parte application due to the association’s preliminary objection against the lawsuit, the court insisted on hearing the motion.

Oduah’s Counsel, Mr. Ayotunde Ogunleye had informed the court of the pendency of an ex-parte application dated and filed on 16th August, 2022. He sought to move the application.

Omoaka told the court that a preliminary objection challenging the jurisdiction of the court to hear Oduah’s suit as well as the ex-parte application had been filed on behalf of the two defendants.

Omoaka then urged the court to set down the Preliminary Objection for hearing and ahead of hearing of the applicant’s ex-parte application.

Replying on points of law, Omoaka distinguished the authorities cited by Oduah’s Counsel from the case at hand and urged the court to first set down the preliminary objection for hearing.

Ogunleye prayed the court for various injunctive and preservative reliefs.

In its ruling on the ex-parte motion, the court observed that the reliefs sought were the same as the reliefs sought in Oduah’s Motion on Notice. It declined to grant the prayers and ordered that the defendants be put on notice.

The matter was then adjourned to Tuesday, August 23, 2022 for hearing of the applicant’s Motion on Notice.

The Lead Counsel to Oduah and former Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN) had confirmed the ruling to CITY LAWYER , saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

It is unclear how the ruling will impact the scheduled NBA National Executive Council Meeting scheduled to hold on Sunday. Among the resolutions of the National Officers is their resolve to ask the NBA-NEC to remove or impeach the suspended General Secretary.

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She has also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

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EDITOR'S CHOICE
Aug 20, 2022
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AKPATA BREAKS SILENCE, MEETS MAIKYAU OVER HANDOVER

The President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has made a veiled reference to the crises that have dogged his tenure lately, saying that “It has been one hell of a ride, if I do say so myself.”

Akpata had taken to his verified Twitter handle (@OlumideAkpata) to announce his first official meeting with incoming NBA President, Mr. Yakubu Maikyau SAN after the establishment of their separate transition committees.

In the post sighted by CITY LAWYER, the NBA President said: “Yesterday evening I held a meeting with the President-elect of the @NigBarAssoc, Mr. Y. C. Maikyau, SAN as our recently constituted Transition Committees brainstormed on how best to ensure a seamless handover.”

Akpata then added tersely, “It has been one hell of a ride, if I do say so myself.”

Akpata’s tenure has taken a turbulent turn lately. Aside from the controversies that arose especially with the troubled appeals process that came on the heels of the 2022 NBA Elections, Akpata has waged a running supremacy battle with the Body of Benchers (BoB) over the proposed amendment of the Legal Practitioners Act (Act).

While NBA and the Body of Benchers were still trying to carve a middle ground on the matter through the Mrs. Funke Adekoya Committee, Akpata sensationally wrote to the newly minted BoB Chairman, Chief Wole Olanipekun SAN, asking him to recuse himself over the Ms. Kunbi Ogunde professional misconduct saga.

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 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. NBA has since filed a petition against the embattled senior lawyer at the Legal Practitioners Disciplinary Committee (LPDC).

The dust on the highly controversial matter has hardly settled when Akpata engaged in a highly publicized bust-up with the suspended NBA General Secretary, Joyce Oduah.

An attempt by Oduah to bounce back to her position has so far failed, as a Federal High Court sitting in Abuja refused to grant her prayer for interim reliefs, giving Akpata a slight breather. The matter has been adjourned to Tuesday for hearing of the Motion on Notice.

Stakeholders are divided on whether the twilight battles would signpost Akpata’s legacy as NBA President.

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EDITOR'S CHOICE
Aug 19, 2022
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AGC-LOC LAUNCHES HISTORIC CONFRENCEPEDIA

The Local Organising Committee (LOC) for the 2022 Nigerian Bar Association Annual General Conference (NBAAGC) has unveiled a groundbreaking “Confrencepedia” to guide delegates as the conference opens today in Lagos.

The highly colourful 49-page document has virtually all a conferee needs to meander through the exciting Lagos landscape with ease and comfort, and is now LIVE on the WHOVA App.

Aside from Welcome Addresses from the five NBA Branch Chairmen from Lagos, Ikeja, Ikorodu, Badagry and Epe, the Confrencepedia also has a comprehensive “Outline of Sessions and Topics” for the 62nd Annual General Conference.

It also contains the major events and schedules for the AGC including the Jumat Service, Health Walk, Tree Planting Campaign, multi-denominational Church Service, Chess & Scrabble Competition, and President’s Dinner.

Others are details on the Friendship Center, Chief Judge’s Cocktail, Closing Party otherwise called “UnBarred 5.0,” Explore Lagos, Nearby Hospitals for serious emergency medicare, Pharmacy Stores, Relaxation Centres & Hangout Spots, Top-notch Restaurants, and 24-Hour Fuel Stations.

The Confrencepedia also outlines the dates for social events/parties to be hosted by Lagos branches of the NBA. While Lagos Branch will hold its party at Eko Atlantic City on Tuesday, August 23, 2022, Epe Branch will also hold its party the same day. NBA Badagry Branch will hold its party the next day while NBA Ikeja Branch Party holds on August 25, 2022.

Major traffic offences in Lagos, Secretariat Addresses for Lagos branches, and Emergency Security Numbers are among other relevant information contained in the Confrencepedia.

The 16-member Local Organising Committee (LOC) has NBA Lagos Branch Chairman, Mr. Ikechukwu Uwanna at the helm while Ms. Chinenye Oragwu is the Secretary and Head of Health Walk & Health Centre.

To view the Confrencepedia, click here.

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EDITOR'S CHOICE
Aug 19, 2022
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CONSTITUTION AMENDMENT: COURT ORDERS SUBSTITUTED SERVICE ON TRUSTEES, AKPATA, OTHERS

The last may not have been heard on the proposed amendment of the Nigerian Bar Association (NBA) Constitution as a High Court sitting in Aba, Abia State has ordered the Claimants in a lawsuit against the amendment to serve the respondents by substituted means.

The respondents are the Incorporated Trustees of the Nigerian Bar Association, NBA President Olumide Akpata, suspended General Secretary Joyce Oduah and Acting General Secretary Uche Nwadialo.

The plaintiffs are former NBA Legal Adviser, Mr. Victor Nwaugo and Mr. Onyemaechi Chukwu. The duo had in Suit No. A/207/2022 dragged the respondents to an Abia State High Court over the constitutionality of a proposed amendment of the NBA Constitution at the Annual General Meeting holding on 25th August, 2022 at Eko Atlantic City, Lagos.

In a ruling delivered last Wednesday and made available to CITY LAWYER, Justice Innocent Nwabughogu ordered “That leave be and is hereby granted to the Claimant/Applicant to serve all the Originating Processes and all other processes in this suit on the 2nd–4th Respondents by substituted means by posting them through a reputable courier service company to the office of the 2nd–4th Respondents at Nigerian Bar Association National Secretariat, Plot 1102Mohammadu Buhari way, Cadastral Zone A00, Central Business District Area, Abuja.”

The further court ordered that “Leave is also granted to serve all the Originating Processes and other processes in this suit on the 1st Respondent by method of postal service through a reputable courier service company on its Secretary or any of its Trustees or by handing same over to any of the staff of the 1st Respondent at its National Secretariat at Plot 1102Mohammadu Buhari way, Cadastral Zone A00, Central Business District Area, Abuja.”

Nwaugo told CITY LAWYER that “We sued Incorporated Trustees of NBA, Akpata, Oduah and Nwadialo following notices published on 27th and 28th July 2022 circulating proposed amendment to NBA Constitution. Through our counsel, Ukpai Ukairo Esq, we wrote Akpata & co to withdraw the proposed constitutional amendment for its infractions to Article 25(1) of NBA Constitution, 1999 Constitution, Legal practitioners Act and LPDC Rules.

“We have obtained an Order to serve by substitution. The matter is pending before a High Court of Abia state. We have not applied for an interim or interlocutory Order. We may do that if the need arises.”

The Motion Ex-parte was dated and filed on August 16, 2022 and brought pursuant to Order 7 Rule 6 and Order 39, Rule 1(1) of the Abia State High Court (Procedure) Rules. It was argued by the claimants’ counsel, Mr. C. C. Udoakundu.

The claimants are seeking an order of perpetual injunction restraining the respondents from permitting or allowing any motion for the amendment of the NBA Constitution to be tabled for discussion at the association’s Annual General Meeting.

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EDITOR'S CHOICE
Aug 19, 2022
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MAIKYAU WINS, AS NBA APPEALS C’TE WINDS UP, SUBMITS REPORT

The last hurdle on the path of Nigerian Bar Association President-elect, Mr. Yakubu Maikyau SAN being sworn-in as the next NBA President has been cleared, with the winding up of the appeals process.

CITY LAWYER recalls that Chief Joe-Kyari Gadzama SAN, who was declared runner-up in the elections, had queried the outcome of the election, though he vowed not to file any petition unless the NBA National Appeals Committee (NBA-NEAC) was ratified by the NBA National Executive Council before commencing its work and an audit of the election conducted.

But an unimpeachable source at NBA House told CITY LAWYER that the Appeals Committee has wound up its activities, adding that “The committee has submitted its report.” This has foreclosed the filing of any appeal on the election.

It is recalled that NBA President, Mr. Olumide Akpata had during the week dissolved all Standing Committees, leaving only the Electoral Committee of the NBA (ECNBA) and the Technical Committee on Conference Planning (TCCP) which is spearheading the forthcoming NBA Annual General Conference (AGC).

While members of the first NBA-NEAC LED BY Mrs. Funmi Roberts had resigned en masse following allegations of bias by the Gadzama Campaign Team against some of its members, another committee was quickly constituted to deal with any petitions arising from the 2022 NBA Elections.

Led by former Attorney-General & Minister of Justice, Chief Kanu Agabi SAN, the committee comprised of former NBA President and Board of Trustees Chairman, Dr. Olisa Agbakoba SAN; Cecilia Madueke (Secretary); Mr. Olumide Babalola (Counsel) and Mr. Rotimi Ogunyemi (Resident IT Expert).

The committee had on August 5, 2022 issued guidelines for filing of petitions, pegging the deadline at 7 days. The appeal window lapsed on August 12, 2022. There are strong indications that the committee did not receive any appeal on the election.

CITY LAWYER reliably gathered that the NBA leadership will present the committee and its report to the NBA-NEC for ratification.

Maikyau was declared winner of the NBA presidential election with 22,342 votes while Gadzama polled 10,842 to become runner-up. Immediate past NBA General Secretary, Mr. Jonathan Taidi garnered 1380 votes to place third.

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EDITOR'S CHOICE
Aug 19, 2022
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SHOCKER: MAN ALLEGES SHAM AUCTION BY OYO HIGH COURT, THREAT TO LIFE

A man who alleges that his property valued at N700 million was sold by officials of Oyo State High Court for a paltry N10 million is now on the run and sleeping inside coffins due to alleged threat to life.

Chief Joel Ubah, an Ibadan based businessman from Nnewi in Anambra State, alleged in a viral video made available to CITY LAWYER that he “was robbed by Oyo State Judiciary,” adding that “they fraudulently sold my house with 15 documents.”

Continuing, Ubah alleged that “the lady behind the scam claims to be the girlfriend of the Chief Judge of Oyo State.”

Saying that he has “been trying to go after these criminals,” he also alleged that “they have been threatening my life. Yesterday, I received the 47th death threat. So since (then), I have been sleeping inside from one coffin to another coffin since.”

Ubah sent a save-our-soul message to Nigerians, saying: “Nigerians should please alert the Inspector General of Police. I wrote a petition to the Inspector General of Police, nothing was done; I wrote to the CJN, they have already replied me, but I’m still waiting for the final report. Nigerians should see that we are finished in this country.”

According to Ubah, “My house that is valued for N700 million was sold for N10 million. And not only that they sold my house, they have been threatening my life.”

He accused the Oyo State Commissioner of Police of “renting guns to criminals (who carried out the execution).” Though the police chief allegedly said that he was not aware of the “scam,” Ubah claimed that he blamed former Oyo State High Court Deputy Chief Registrar (DCR), one Olushola Adetijoye, a newly appointed judge.

Ubah alleged that Adetijoye “came for execution that is not in the court record, came for execution with forged warrant of possession, came for execution with fake auction sales.” He also alleged that one Chief Magistrate T. Oladiran was complicit in the matter, having “signed a copy of the judgement.”

He alleged that his petition to the Economic and Financial Crimes Commission (EFCC) on the matter was “hijacked” while an officer at the Independent Corrupt Practices and Other Related Offences Commission (ICPC) asked him to petition as a “whistle-blower.”

His words: “Nigerians, where are we heading to? There is insecurity in the country. Nothing is happening in this country. The price of a dollar is almost getting to a thousand naira. I can’t feed. But the major thing is, Why will I be hiding everyday, everyday. Why will I be hiding.”

When CITY LAWYER contacted the Chief Registrar of Oyo State High Court, Alhaja Safiya Oyediran, she said that she is not aware of the case. Her words: “I don’t know anything about it.”

Prodded further, Oyediran stated that the judicial officers mentioned in the video work in the Oyo State Judiciary, saying: “They are our officials.” She however insisted that “I wasn’t yet a Chief Registrar. I was a Deputy Chief Registrar when it happened.”

She also told CITY LAWYER that there is no ongoing investigation on the allegations.

Click here to watch the video.

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EDITOR'S CHOICE
Aug 18, 2022
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TCCP-AGC UNVEILS ‘WHOVA’ AS CONFERENCE APP

All registered attendees can download the Whova Mobile App or Access It From the Web Platform on the Desktop:

-View the Conference agenda and plan your personal schedule

-Access live streaming directly within sessions and utilize the session Q&A to ask questions

-Set up in-person/virtual meet-ups with other attendees to connect and network

-Create and converse through various relevant Discussion Topics in the Community Board

-Receive updates such as last-minute session changes from the organizers

look-out for onboarding email from Organizers and follow the download instructions

After downloading, attendees are to use their registered email address to sign up.

For question or challenges, please send a message on WhatsApp this number +234 811 598 4575
WhatsApp Only

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EDITOR'S CHOICE
Aug 18, 2022
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GADZAMA IS KEYNOTE SPEAKER, MENTORS PREMIERE ACADEMY GRADUANDS

The President of Vox Populi Foundation, Chief Joe-Kyari Gadzama SAN, was privileged to be invited as the Keynote Speaker at the 13th Graduation Ceremony of Premiere Academy at Lugbe, Abuja.

While delivering his speech on the theme, “Managing my Success”, Gadzama stated that he felt very honoured to have the rare privilege of not just lending his voice to the theme of this year’s graduation ceremony, but also sharing his personal success story with young minds and prospects beaming with life’s vigour.

Gadzama stated that beyond words, the theme, “Managing My Success” evokes a great deal of reflection on the life patterns, principles, relationships, strategies and focus needed to attain a certain level of success, maintain same and grow exponentially over some time.

He stated that in defining success, there are a few things an individual must know which he outlined as follows: The person one aspires to be? Feasible steps to take towards becoming that person?

Gadzama stated that to achieve and maintain success, one needs passion, hard work, determination, self-discipline, planning and faith in God. Further, he stated that one thing which kept him through his life’s journey was his resilience to never give up on the visions he had. Today, he is grateful to God that He has in his infinite mercy allowed him to attain his current level of success.

He stated that he would like to think that this stage of his career is synonymous with the icing on the cake and that managing success is more difficult than its attainment.

For him, the same virtues that are responsible for the attainment of success are the same virtues which help in the management of these successes. This is why he has continued to work relentlessly to maintain excellence in the legal profession.

He noted that other than the factors earlier highlighted, good professional and personal relationships are very much instrumental in managing success.

In his concluding remarks, Gadzama admonished young persons by stating that “Young persons must know that even after applying these principles and doing all that should be done, they ought to be patient with themselves and the process before the desired goals come to fruition”.

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EDITOR'S CHOICE
Aug 18, 2022
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CIArb OPENS REGISTRATION FOR PORT HARCOURT ANNUAL CONFERENCE

The Chartered Institute of Arbitrators (CIArb), Nigeria Branch has commenced registration for its 2022 Annual Conference which holds in Port Harcourt, Rivers State from November 9 to 11, 2022.

According to a statement made available to CITY LAWYER, the theme of the Annual Conference is “Restating the Legitimacy of Arbitration: Africa Taking the Lead.”

The three-day conference has a lot of Alternative Dispute Resolution (ADR) and arbitration-specific topics lined up for discussion by leading experts in the industry.

Signed by by Messrs Mr. Aham Ejelam (SAN, MCIArb) and Mr. Godwin Omoaka (SAN, FCIArb), both Co-Chair for the Annual Conference, the statement said that “Leading speakers drawn from related ADR fields have been assembled to deliver papers and act as panelists during the conference.”

“The conference also provides an opportunity for participants to socialise and network for career growth,” it added.

The conference will kick off on November 9, 2022 with the Young Members Group Conference also in Port Harcourt which has the theme, “Bridging arbitral culture in a new era.”

An induction of new members and Gala Nite will draw the curtains on the eagerly awaited Annual Conference.

To register, visit www.ciarbnigeria.org/conference. For enquiries, please contact conference@ciarbnigeria.org or call 08034644337.

CIArb is the recognised global thought leader on Alternative Dispute Resolution (ADR), operating in over 40 countries. Based across and supported by an international network of about 42 branches, the Institute supports members’ career development, enabling them to compete in an ever-changing market.

Its network of worldwide branches provides members with the knowledge, skills and resources to improve their arbitration practice. Be at the forefront of the growth and development of ADR practice by attending the conference, sharing, and engaging on a global level.

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EDITOR'S CHOICE
Aug 18, 2022
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FHC ADJOURNS ODUAH’S SUIT TO AUG. 23

A Federal High Court sitting in Abuja has declined to grant an interim order sought by the suspended General Secretary, Mrs. Joyce Oduah to reinstate her in her position.

Instead, the court presided over by Justice A. R. Mohammed, sitting as a vacation judge ordered the plaintiff to put the defendant/respondents on notice and adjourned the suit to 23 August, 2022 for hearing.

Counsel to Oduah and former Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN), confirmed the ruling to CITY LAWYER, saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

Oduah had in a lawsuit sought to restrain the newly appointed NBA Ag. General Secretary, Ms. Uche Nwadialo from performing the duties of the General Secretary. She also sought an order to restrain the NBA from acting or relying on the Resolution reached by the National Executive Committee as well as an order directing the Inspector General of Police to assist her in the discharge of her duties as General Secretary.

CITY LAWYER recalls that the National Executive Council Meeting of the association holds on Sunday. The National Officers had resolved to ask the meeting to impeach Oduah as General Secretary for sundry misconduct. Oduah denies the allegations, saying that her actions were in line with the NBA Constitution.

More details soon.

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EDITOR'S CHOICE
Aug 17, 2022
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AFAM OSIGWE LEADS MAIKYAU’S TRANSITION COMMITTEE

Former Nigerian Bar Association (NBA) General Secretary, Mazi Afam Osigwe has become one of the first appointees of NBA President-elect, Mr. Yakubu Maikyau SAN.

Osigwe is among the 17-member Transition Implementation Committee (TIC) unveiled today by Maikyau in preparation for his assumption of office as substantive NBA President.

A statement signed by Maikyau noted that the committee is in “furtherance of the forthcoming inauguration of the newly elected National Executive Committee of the Nigerian Bar Association (NBA) and the need for a seamless handover.”

CITY LAWYER gathered from unimpeachable sources that Maikyau held his first meeting with members of the incoming National Executive Committee on Wednesday, August 3, 2022 on the eve of the Annual NBA-SPIDEL Conference. He had promised to run an all-inclusive administration, even as he urged the incoming National Officers to proffer ideas towards success of the regime.

Another meeting held afterwards, with First Vice President Linda Bala presiding, as Maikyau was away to Kano for the burial of deceased senior lawyer, Nassir Abdu Dangiri SAN.

Below is the full text of the statement issued by NBA Publicity Secretary-elect, Mr. Habeeb Lawal.

NOTICE OF CONSTITUTION OF TRANSITION IMPLEMENTATION COMMITTEE BY THE NBA PRESIDENT-ELECT

In furtherance of the forthcoming inauguration of the newly elected National Executive Committee of the Nigerian Bar Association (NBA) and the need for a seamless handover, I have constituted a Transition Implementation Committee (TIC) to assist in the transition process.

Members of the Transition Implementation Committee (TIC) include:
1) Mazi Afam Osigwe, SAN
2) Yemi Akangbe
3) Abdul Mohammed, SAN
4) Alhaji Salman Salman
5) Aminu Sani Gadanya
6) Augustine Nwabueze Eseagu
7) Abdulwasiu Alfa
8) Laura Alakija
9) Folarin Aluko
10) Barbara Omosun
11) Aisha M. Hassan
12) Chinaecherem Nwaubani
13) Paul Daudu
14) Isah Abubakar Aliyu
15) Olabamiji Adeyeye
16) Mohammed Adelodun
17) Kola Omotinugbon

I thank these distinguished ladies and gentlemen for accepting to serve on this Committee. I have absolute confidence in their capacity to discharge this task with the requisite dedication and excellence.

Yakubu Chonoko Maikyau, SAN, FCIArb, FICMC
President-elect, NBA

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EDITOR'S CHOICE
Aug 17, 2022
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HOT OFFER: AFFORDABLE AGC HOTELS BECKON IN LEKKI

Timeoak Hotels & Spa, Lekki, Lagos is offering a whopping 25% discount to participants at the 2022 NBA Annual General Conference.

Timeoak Hotel consists two luxury hotels located in Lekki Phase 1, about 20 minutes’ drive to the AGC venue in Victoria Island, Lagos.

TimeOak is an exquisite budget hotel in the heart of Lekki. It offers free excellent luxury services such as free beach tour, free airport shuttle, open roof-top bar overlooking the entire Lekki Peninsula up to the Atlantic Ocean, daily swimming pool, barbecue and karaoke, and many more. Relax after a day’s work in our luxury Spa and get Sauna steam bath and full body massage at discounted rates as low as N10,000.

Enjoy our FREE gym, FREE wifi, complimentary breakfast, modern bistro coffee bar, and courteous customer services, all at a discounted rate you will never get anywhere else in upscale Lekki, Lagos island.

Our kitchen is the No. 1 food plug in Lekki, with widely enjoyed dishes sold across the island through our online channel, www.timeoakdelicacies.com.

Excellent services at rock-bottom prices are the hallmark of Timeoak Hotels & Spa, Lekki,.

You have a choice of staying in our luxury rooms at the Timeoak Luxury Hotel & Spa, 59 Omorinre Johnson Street. Contact us on 07049445099 or at our Timeoak Royale Hotel at 12 Nike Art Gallary Road, Ikate (08097201571).

Book online now at www.TimeOakhotels.com, www.TimeOakhotelroyal.com or WhatsApp 08036913264.

Timeoak – memorable pleasure lifestyle!

To view our facilities, click here.

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EDITOR'S CHOICE
Aug 17, 2022
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LAGOS JUDICIARY PROBES OFFICERS OVER ARBITRARY FEES

The Lagos State Judiciary has said that it is currently investigating a report of professional misconduct and extortion among its staff

CITY LAWYER had republished an investigative report where officers in some Lagos courts were caught demanding arbitrary fees from an under-cover journalist.

But a statement issued by the Ag. Chief Registrar, T. A. Elias noted that the matter is being investigated and the officers involved “are being put through the necessary process for the appropriate disciplinary measures.”

The statement reads:

“The Lagos State Judiciary is aware of the trending online news of unprofessional conduct by some officers reported to be in the habit of extorting money from members of the public.

“It is important to state unequivocally that the Lagos State Judiciary condemns such abhorrent behaviour if confirmed to be true. There are internal investigative and disciplinary mechanisms usually deployed as part of our management system and such have been promptly activated in this particular circumstance.

“It should be noted that the Lagos State Judiciary just like any other organization may have errant officers who deviate from the laid down rules but what is important is that such errant officers are decisively dealt with after being given fair hearing.

“This office is currently investigating this reported incident and the officers involved are being put through the necessary process for the appropriate disciplinary measures.

“The General Public is hereby assured that the Lagos State Judiciary has zero tolerance for corruption and will swiftly and decisively deal with any of its Officers against whom such is proven.

“Thank you.”

The special investigative project was conducted by Cable Newspaper Journalism Foundation (CNJF) in partnership with TheCable, supported by the MacArthur Foundation.

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EDITOR'S CHOICE
Aug 17, 2022
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AGC: ‘ATIKU, OBI, TINUBU PARLEY NOT MANIFESTO NITE,’ SAYS AKPATA

The Nigerian Bar Association (NBA) has cleared the air regarding the Presidential Candidates’ session, one of the advertised sessions at its forthcoming Annual General Conference, saying that it is just one of the sessions at the conference and not meant to campaign for or endorse any presidential candidate in the 2023 elections.

NBA President, Mr. Olumide Akpata made the clarification at a World Press Conference yesterday to unveil the programmes for the conference billed to take place at Eko Atlantic City in Lagos from August 19 to 26, 2022.

The NBA had earlier announced that it had invited four presidential candidates in next year’s election to speak at a panel session on “Democratic Transitions in 21st Century Nigeria: 2023 and Beyond”. It also said that two of the four candidates, Atiku Abubakar of the People’s Democratic Party (PDP) and Peter Obi of Labour Party (LP), had given their word that they would be present, while Bola Ahmed Tinubu of the All Progressives Congress (APC) and Rabiu Musa Kwankwaso of the New Nigeria People’s Party (NNPP) were yet to confirm their availability.

The announcement of the Presidential Candidates’ session had elicited so much public interest as well as misconceptions, with some concerned Nigerians wondering whether the NBA would turn its Annual General Conference to a political arena.

But speaking at the World Press Conference on Tuesday, Akpata said the Presidential Candidates’ session is neither a manifesto ground nor an avenue to endorse any presidential candidate.

“It is not a manifesto night or afternoon; it is a regular session at the conference where we are interrogating the issue of democracy in transition and the leadership deficit that we have identified in this country,” Akpata said.

The NBA president said in conceptualizing the conference, “we thought that we should talk to those who are trying to ask us, as Nigerians, to allow them lead” and, following a straw poll, names of four presidential candidates came up as possible attendees.

“So, it is the normal same conference format of four people sitting down, one moderator asking questions. They will have opportunity to make opening statements and then take questions from the moderator and, thereafter, Q/A from lawyers like any other regular conference sessions. It is not a manifesto night,” he reiterated.

Akpata said he had received calls from candidates or their representatives regarding why the NBA has decided to determine for Nigerians who the leading political parties are, insisting, however, that the Bar Association has “done no such thing”.

He said some had also raised the issue as to why the smaller political parties were sidelined, while some had gone as far as writing to invite themselves to the session, “and we have disabused their minds that that is not the case”.

“We have 13,000 participants; it is what they want that we essentially have to deal with. We have tried to deal with these issues because we have tried to be responsive,” the NBA president said.

He said the NBA would ensure as much as possible that many more of the presidential candidates, to the extent that they are interested, can be in the room during the panel session.

“We will extend invitations to them. They may not be in the stage like the four advertised persons but they will be in the room and we will try and ensure that the event allows for them to air their views as far as time will permit,” he said.

He said, unequivocally, that “the NBA cannot, will not, endorse one, two or three parties”.

“We are apolitical as an organisation; our members may be political, but as an organization we are definitely not,” he said.

In an earlier note outlining the conference programme, Tobenna Erojikwe, chairman, Technical Committee on Conference Planning (TCCP), had underscored the importance of the Presidential Candidates’ plenary, saying it would present an opportunity to critically assess Nigeria’s democratic journey since 1999, identify key challenges which have perennially bedevilled the polity, and evaluate sustainable solutions to these challenges.

L-R, Omobayode Okelola; Orji Agwu Uka; 2022 NBA Conference Planning Committee Chairman, Tobenna Erojikwe; NBA President, Olumide Akpata; Rotimi Ogunyemi, Inem Dike and Dr. Kubi Udofia

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EDITOR'S CHOICE
Aug 17, 2022
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‘NBA-AGC WILL HAVE BOLD IMPRINTS ALL OVER,’ SAYS EROJIKWE

The Chairman of the Technical Committee on Conference Planning (TCCP) for this year’s Nigerian Bar Association Annual General Conference (NBA-AGC), Mr. Tobenna Erojikwe has shed more light on the theme of the conference titled “Bold Transitions.”

Speaking at a World Press Conference to herald the AGC, Erojikwe said: “The key word in the theme for this year’s conference was picked very deliberately. Interestingly, it is the word that we want people to pay attention to.

“In the last two conferences, we have had themes like ‘Facing the future’, and ‘Taking the lead.’ However, the word ‘BOLD’ is key and the word ‘transition’ is also very important because it is happening everyday .

“I think the analogy is that if someone goes to sleep five years from today and wakes up, he will meet a completely different world; it is happening at a pace that is unimaginable.

“So, one of the things that led us to the choice of the 2022 theme are some of the things the president brought in during his tenure – like digitizing the NBA and making us more adept to the use of technology.

“For instance, payment of bar practising fees, payment for conferences and all, are now done electronically. And we saw the challenges that our members face in trying to keep up with this pace of advancement despite the convenience of using new ideas and technology.

“It became clear that these transitions are things we face everyday and we are not adapting to them as quickly as possible. That is it about the adjective ‘BOLD.’

“It is telling our people that this is how we have to approach it, that boldness is a catalyst for the type of change that we must face – and we must confront it boldly.”

The TCCP Chairman observed that the legal profession has led change anywhere in the world, adding that it is a fresh call “to take the bull by the horns”

He noted that every activity at the conference “will have a BOLD imprint.”

BOLD VENUE
The Chairman said that the choice of Eko Atlantic City as venue for the conference, even though still under construction, “is a BOLD choice in many respects.”

BOLD KEYNOTE SPEAKER
According to Erojikwe, the TCCP picked Chimamanda Ngozi Adichie as a Keynote Speaker, adding that it is a BOLD choice as she is one of the leading African icons in the world.

BOLD TECHNOLOGY
He said that to partner the discussion on Technology, “We chose to partner with META which is also a very bold choice, as Meta is one of the transformational companies you can get in the world. They are the owners of Instagram, Facebook, and WhatsApp. So it cannot come better than that.”

BOLD SESSIONS
According to the TCCP Chairman, one of the sessions at the conference involves the presidential candidates for the 2023 elections who have been invited to tell the legal community and Nigerians what their plans are.

His words: “So that’s how far as it goes; every bit of the conference is bold.

“So, for example, after the keynote address which will take place on the Monday 22, August, we are going to have ‘Democratic Transitions in Nigeria: Focus on 2023 and beyond.’

“Everyone knows that oil and gas has been the main stay of Nigeria’s economy since 1973, so we are inviting the sub-nationals across the geographical zones in Nigeria to come and tell us what their plans for the future are and also get people from the Central Bank and economists to interrogate what is happening and where we need to get to.

“On that day of the conference, and for the first time in the history of the NBA, we will be having the current president of the NBA, the incoming NBA president and the last two predecessors-in-office join them on stage to talk to members of the NBA about the NBA.

“Indeed, it will be an interrogation of the performance of the current NBA President. We will have an opportunity to tell him what we think he got wrong and we expect that people will speak up – and then, of course, tell him what we also think he got right.

“But most importantly, it is to afford the incoming president an opportunity to outline his direction for the NBA and also give us an opportunity to tell him whether we think that is the direction he should be going.”

Erojikwe stated that the NBA Access to Finance scheme “is the first of its kind anywhere in the world and a remarkable initiative of the NBA President,” adding that NBA is interested in knowing if lawyers are able to access the funds as well as the challenges being faced.

He stated that the NBA Remuneration Report will be interrogated by the audience to provide insights for its implementation by NBA-NEC.

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EDITOR'S CHOICE
Aug 17, 2022
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‘WHERE TO COLLECT CONFAB MATERIALS,’ BY TCCP

The Technical Committee on Conference Planning (TCCP) for the 2022 Nigerian Bar Association (NBA) Annual General Conference in Lagos has released updates on the collection of conference materials.

According to the statement made available to CITY LAWYER: “Collection of conference materials by delegates will commence on Friday, 19 August 2022 at 4pm and end on Tuesday, 23 August 2022 at 6pm.

“ Delegates who are attending in-person may pick up their conference materials at the designated point at the Registration Tent of the Conference Venue at Eko Atlantic on the following days;

“ Friday, 19th August 2022 (4pm-10pm);
Saturday, 20th August 2022 (9am-10pm);
Sunday, 21st August 2022 (9am -10pm);
Monday, 22nd August 2022 (8am-10pm);
Tuesday, 23rd August 2022 (8am-6pm).

“Delegates who are participating virtually will receive electronic conference bags (“E-bags) which will be sent to their AGC registration email before the opening ceremony.”

Click to here to download the full location details.

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EDITOR'S CHOICE
Aug 17, 2022
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AKPATA DISSOLVES C’TES, TCCP, ECNBA SURVIVE

The Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has dissolved all Standing and Ad-hoc Committees set up by the administration to run its affairs.

While the Technical Committee on Conference Planning (TCCP) and the Electoral Committee of the Nigerian Bar Association (ECNBA) are not affected by the dissolution announced by NBA Publicity Secretary, Dr. Rapulu Nduka, the administration has also set up a Transition Committee to midwife the incoming regime.

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

DISSOLUTION OF ALL STANDING AND AD-HOC COMMITTEES OF THE ASSOCIATION AND CONSTITUTION OF NBA TRANSITION COMMITTEE

Dear Colleagues,

On the inauguration of the present leadership of the Nigerian Bar Association, and in the course of its duties, various Standing and Ad-hoc Committees were constituted to assist in the smooth running of the outgoing administration.

However, ahead of the expiration of the tenure of the outgoing administration, the NBA President on behalf of the National Executive Committee of the Nigerian Bar Association, has dissolved all standing and Ad-Hoc Committees of the Association, with the exception of the Technical Committee on Conference Planning and the Electoral Committee of The Nigerian Bar Association, and further constitutes a Transition Committee.

Members of the Transition Committee include:

1. Paul Harris Ogbole SAN – Chairman
2. Aderemi Oguntoye
3. Bulus Atsen
4. Desmond Ogba
5. Tolu Aderemi
6. Benard Onigah
7. Ovonlen Ebholimen
8. Grace Igyo
9. Ayodeji Oni
10. Kelechi Onwuegbuchulem

The National Executive Committee of the NBA sincerely appreciates the various committees for their hardwork and support for this administration, and charges the Transition Committee to properly discharge their duties in line with their Terms of Reference.

Dr. Rapulu Nduka
Publicity Secretary

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EDITOR'S CHOICE
Aug 17, 2022
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ODUAH ASKS COURT TO QUASH SUSPENSION, SEEKS POLICE PROTECTION

The suspended Nigerian Bar Association (NBA) General Secretary, Joyce Oduah has urged the Federal High Court to reverse her suspension by the NBA National Executive Committee (NBA-NEC) and order the defendants “to maintain status quo ante bellum pending the determination of the Motion on Notice seeking interlocutory orders of injunction.”

CITY LAWYER had in exclusive reports noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for “removal” over alleged gross misconduct.

But Oduah urged the court to determine whether the defendants “have the vires to suspend the Plaintiff from the office of the General Secretary of the Nigerian Bar Association (the 1st Defendant herein).”

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police.

Oduah’s Counsel and erstwhile Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN) told CITY LAWYER that the lawsuit was accompanied by an Affidavit of Urgency.

Below is the full text of the orders sought by the plaintiff:

1. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT directing parties in this suit to maintain status quo ante bellum pending the determination of the Motion on Notice seeking interlocutory orders of injunction;

2. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT restraining the 6th Defendant/Respondent or any other person by whatsoever name called other than the Plaintiff/Applicant from acting as the General Secretary or performing the duties of the General Secretary of the 1st Defendant/Respondent pending the remaining period of the Plaintiff/Applicant’s tenure as the General Secretary of the 1st Defendant/Respondent or determination of the Motion on Notice, whichever is earlier;

3. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents;

4. AN ORDER OF INTERIM INJUNCTION, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association);

5. AN ORDER OF INTERIM INJUNCTION restraining the Defendants/Respondents, their agents, servants and or privies from interfering with, frustrating or otherwise obstructing the Plaintiff/Applicant, the General Secretary of the Nigerian Bar Association, in the course of her duties as General Secretary of the Nigerian Bar Association pending the hearing and determination of the Motion on Notice.

6. AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.

7. AN ORDER of interim injunction pending the hearing and determination of the Motion on Notice directing the 12th Defendant/Respondent, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.

8. IN PURSUANCE OF (1) TO (8) ABOVE pending the hearing and determination of the Motion on Notice, AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.

AND FOR SUCH FURTHER OR OTHER ORDER(S) as the Honourable Court may deem fit to grant in the circumstance(s).

CITY LAWYER recalls that the NBA National Officers had in an email to members informed them of their resolution suspending Oduah as General Secretary. Signed by nine of its 11 members, the committee stated that the move is based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Executive Committee stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

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EDITOR'S CHOICE
Aug 17, 2022
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SCANDAL ROCKS LAGOS COURTS OVER ARBITRARY FEES

The court, they say, is a beacon of justice but the officials of Lagos courts do not align with the age-long dogma. In this report, BUSOLA ARO exposes the shady practices perpetrated by judicial officials who extort applicants and demand unofficial fees before issuing documents and certified true copy (CTC) of court rulings. From the federal high court in Ikoyi to the Agege magistrate court and the Ikeja high court — the pay-for-document racket was found to be prevalent and deemed to be normal.

When I arrived at the four-storey building housing Samuel Ilori magistrate court in Ikeja on a sunny afternoon in April 2022, the environment was busy and tense. Alleged criminals, security operatives, lawyers, relatives of alleged criminals, court officials and non-officials crowded the place.

I proceeded to Court 9 on the third floor and on arrival, I approached the court registrar and submitted an application requesting the CTC of a judgement. Begrudgingly, she collected the letter, took a look at it and directed me to the records department, saying all files had been transferred there.

The records office is on the first floor, so I navigated my way back down the stairs. There I met an official identified as Alhaja Khadijat, who patiently listened to my enquiries and directed me to the assistant chief registrar (ACR) where I would initiate my application.

“Why are you applying for this CTC?” the ACR asked when I approached her. “Are you related to the parties involved and what do you need it for?” After providing answers deemed satisfactory, she signed the document and referred me to the records officer.

ACR asking numerous questions

Upon my return, Khadijat was arranging files and attending to other persons. After some time, she turned to me and asked; “So, what can I do for you? You can see that I am busy. I don’t believe your file is here and you can also see that there are so many files here. So, you would have to come back before you can get it.

“If you want to get the CTC today, you would have to mobilise people to help you look for it. I cannot leave what I am doing to look for your own when there are more important people who have come before you. You ought to know what to do. Those people won’t work for free unless you are ready to come back in two weeks.”

Khadijat counting the mobilisation fee

After receiving N2000 as a mobilisation fee, she asked me to return in two days. I returned four days after, but Khadijat had not yet treated my request, and she gave the impression that I would have to pay another sum to fast-track my work. I left and returned the following week but there was still no progress. Unwilling to cough out another sum, I gave up.

HOW TO APPLY FOR A CERTIFIED TRUE COPY

Applications for court documents such as the CTC is one of the major activities in Lagos courts. Lawyers, journalists and parties to cases request documents, especially the CTC, on a daily basis.

To get court documents, one is expected to write an application addressed to the registrar or deputy registrar, after which necessary validations such as payment and stamping are done. This process only takes an hour depending on the number of requests as cases are filed every day.

The procurement of a document has a set of procedures — starting from the deputy registrar who initiates the document to the specific court where the document is to be obtained; then you make a photocopy, visit the litigation officer who gives the official amount, then to the cashier to make payment, and back to the litigation office to get a certified stamp.

Cashier office and initiation room

To apply for a CTC in the federal high court, Lagos costs about N300 per page. In the state high court or magistrate courts, it costs N200 per page. But the rates are just the official amount on paper. Applicants are expected to cough out more to guarantee an expedited process. It’s essentially a game of ‘bargain, pay or get rebuffed’.

THE JUDICIARY AND ITS NEW NORMAL

At the federal high court, Ikoyi, the administrative building is separated from the court building, I met a somewhat friendly woman who collected the letter and went to an inner officer for a few minutes. When she returned with the letter, “Mr Charles, please treat” was written on it.

Mr Charles is in charge of litigation and case files. “Go to the judge’s court and collect the judgment,” he told me when I approached him. At the court, the official on duty glanced at me fleetingly, and asked nonchalantly: “How much are you paying?”

“Nobody asked me to pay anything,” I told him.

“There is no judgment here,” he responded. I offered him N1,000 and he collected the letter. “You came from a newspaper company. You people are rich. Pay N20,000 or no judgment,” he insisted.

After pleading with him, and eventually bargaining, the middle-aged man collected N1,800 from me. As soon as I got the judgment, I headed back for Charles’ office, who, upon arrival, asked me to pay another N450 as the “court summons fee”. I obliged and went back to get the document stamped and presented my receipt.

But Charles made me understand that there was more payment to be made.

“I hope you know you are to pay N1,000,” he said. “Do you know that every single thing used for work in this office wasn’t bought by the government, or do you think it is? We have to supply them ourselves. So, you have to pay so that these things can be available.”

To buttress his point, he displayed the stamps, ink cartridges, and other items to me. I explained to him that I had spent quite some money to procure the document and as such, I wouldn’t be able to pay more money. After some bargaining, I conceded and parted with N500.

“If I tell you that I don’t have ink and you have to provide it, will that not be worse?” he added.

On my second visit to the court in Ikoyi, I met one Edwin and he directed me to Yusuf Olubodun, popularly called professor. The latter’s responsibility is to attend to applications. The court floor was littered with case files, yet Olubodun carefully and painstakingly searched for what I requested.

“I have searched for your document successfully but for me to release it, the document would cost you N20,000. You know I have been nice to you,” he said.

His colleague, Edwin, who was privy to the conversation, asked, “is she cooperating?” At that point, I knew I had to bargain. I did and eventually parted with N4,000.

After I made photocopies of the document, Olubodun and I went to see Joseph Agbo, the litigation officer who is also the principal executive officer. He signed and added the official charge to the document. Then, I made an online payment of N282. Afterwards, I went back to the cashier who rectified the payment and collected two copies of the payment receipt.

EPE HIGH COURT

You probably might be lucky as I was on March 30 when I visited Epe court, Lagos. After transiting for six hours, I arrived at the court panting and fatigued.

Unlike the previous experiences, procuring a CTC was a smooth process at Epe, and all the errors made were corrected by the registrar of Court 2. The registrar, identified as Samuel, patiently attended to me and ensured I left in due time.

Two pages of court proceedings only cost N400 while N200 was paid for a red stamp. The official process was followed to the letter.

N5,000 FOR HOSPITALITY AT IKEJA HIGH COURT

Upon arrival at the Ikeja high court, the registrar asked me to sit down, after which he collected my letter and asked an official named Seun to search for the document. Less than 10 minutes later, Seun returned with the document and then I was asked to pay N200 for the photocopy which I hurriedly did. Once the photocopy was done, I naively thought I would walk out with the document — but the registrar brought me back to reality. He told me the next step is to pay N5,000 for “hospitality”.

Lagos judicial officials
The registrar(seated) and Seun deliberating on the hospitality fee

I told him I didn’t have such an amount and I bargained for N2,000. “That’s too small for helping you retrieve the document with ease and for your information, we don’t release documents to people who are not parties to the case,” he said, despite the fact that there’s no law backing his claim.

Eventually, we agreed on N3,000, which I paid immediately to have the documents processed. The cashier was fast enough to attend to me. The document was eventually stamped after paying another N1,600 for eight pages.

LAWYERS ARE NOT SPARED

Sola, a lawyer who has been practising for three years, described his experience at the cashier’s office of the Ikeja high court.

“I came to file a particular matter and all I filed for is just N300, but I had to settle them at the cashier stand with N500. Sometimes, I end up spending more than N1,200,” he said.

“Today’s process is better. And the process depends on how many people you would have to meet or offices to do one thing or the other. However, there are several alternatives.

“You can either negotiate with the court registrar or meet any court steward who would run the errand of getting the CTC, pay officially and get it stamped or you go through the process yourself. You can be sure of spending close to N10k to N15k.”

Ubani Monday, another lawyer, said he has been extorted at all the courts, describing the judiciary as “one of the fountains of corruption”.

“It is shocking how these registrars ask for money with the confidence that nothing can be done to them. They do it mostly, especially to lawyers,” he said.

“There was a time I wanted to compile records of proceedings and they asked me to bring N5 million. Some charge 20k to 30k for proof of service. For a case to be assigned to the court, you have to pay. Only the industrial court is clean.

“At every point, there is extortion. Execution of judgment is also paid for, sometimes above N500k.

“When justice is not served but paid for, corruption leads to denial of justice.”

ANY SOLUTION IN SIGHT?

Adedamola Olaotan, a human rights activist, said extortion and collection of bribes by court officials and the long process of obtaining CTC are as old as the judicial system of Lagos state.

He said poverty, greed, poor remuneration, lack of discipline among judicial personnel and the inability to digitise the judicial system are responsible for the rot.

“Another cause of the malaise is court congestion. Due to the commercial activities in Lagos state, litigants and their lawyers become desperate and adopt various means including offering financial inducement to the court officials to give priority to their cases,” Olaotan said.

“One of the ways of eradicating the malaise is to review the wages/salaries of judicial staff and give them a reorientation that extortion and bribery are not good for the image of the judiciary. Another, most effective way is for the judiciary to adopt online filing of documents. This will reduce the contact between the litigants, lawyers with the judicial staff.

“Lagos state so far is trying in this direction by coming up with the pre-action protocols for litigation. More still needs to be done.”

Olaotan expressed hope that the system will be cleansed with the introduction of technology and increased remuneration of judicial officials.

When contacted about the issues uncovered, Grace Alo, public relations officer of the Lagos ministry of justice, said the chief registrar of the state high court was in the best position to comment.

TheCable subsequently reached out to Elias Tajudeen, the chief registrar, via a letter dated July 5, 2022, but received no response despite several visits to his office.

This is a special investigative project by Cable Newspaper Journalism Foundation (CNJF) in partnership with TheCable, supported by the MacArthur Foundation. Published materials are not views of the MacArthur Foundation.

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EDITOR'S CHOICE
Aug 16, 2022
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SUSPENSION: EBF DUMPS ODUAH, HAILS AKPATA’S REGIME

The Eastern Bar Forum (EBF) has washed his hands off the face-off between erstwhile Nigerian Bar Association (NBA) General Secretary Joyce Oduah and the National Executive Committee (NBA-NEC).

In a post now trending on social media, the EBF Governor, Chief Uba Anene stated that “The EBF is also not a football to be kicked around by anybody for some selfish personal agenda; nor should it take sides in a personal conflict which was not brought to its notice by the combatants until it had been played out on social media.”

The EBF has been under pressure to throw its weight behind Oduah, being a ranking member of the regional bloc, moreso as it had earlier intervened in the face-off between the NBA leadership and embattled Chairman of the Body of Benchers, Chief Wole Olanipekun SAN over NBA’s demand for him to recuse himself from office.

But EBF said that “The Olumide Akpata led executive – which has a full complement of six EBF members within its ranks – has run its impactful course. With the election of its successor over, it has become a lame duck Presidency; with no more favours to dispense. It is now easy to kick it around. We must not join in that alluring act of great ingratitude.”

Below is the full text of the statement.

ON THE MISUNDERSTANDING WITHIN THE NBA NEC.

Regional fora of the NBA evolved over time until acknowledged in the 2015 NBA constitution as a vehicle for inclusiveness in the association, not division and dissension. Therefore those straining to stampede the EBF into assuming the role of an ethnic or sectional vanguard in defence or propagation of some narrow sectional interests are either misguided or mischievous. They must know that they will fail.

The EBF will always act in the overall best interest of the Bar. It will criticise or condemn or comment when necessary for the good of the legal profession.

The EBF is also not a football to be kicked around by anybody for some selfish personal agenda; nor should it take sides in a personal conflict which was not brought to its notice by the combatants until it had been played out on social media.

Dark forces have been about, trying to undermine or damage the NBA and the legal profession in the current dispensation. We must not lend our support to our own destruction by unnecessary divisive rhetoric.

The Olumide Akpata led executive – which has a full complement of six EBF members within its ranks – has run its impactful course. With the election of its successor over, it has become a lame duck Presidency; with no more favours to dispense. It is now easy to kick it around. We must not join in that alluring act of great ingratitude. We shall instead join hands with well meaning leaders and stakeholders to find an amicable resolution of the current situation. We are consulting across the board for the purpose in private, and we are hopeful that there shall be light at the end of this tunnel.

Long live the EBF!
Long live the NBA!!

Chief Uba Anene.
Chairman, EBF Governing Council.

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EDITOR'S CHOICE
Aug 15, 2022
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OGAGA’S BURIAL RITES START SEPT. 1, AKPATA VISITS FAMILY

The Nigerian Bar Association (NBA) President, Mr. Olumide Akpata today led a delegation to visit the widow and parents of Late Mr. Ogaga Emoghwanre in Benin City, Edo State.

Meanwhile, the Emoghwanre Family has fixed 1st, 2nd & 3rd September, 2022 for the funeral rites of the late Bar-man.

In the president’s delegation was his wife, Mrs. Osayamon Akpata; the Acting NBA General Secretary, Uchenna Nwadialo; Chairman, NBA TCCP, Mr. Tobenna Erojikwe; Prince Asamah Kadiri, SAN; Ifueko Alufohai, Permanent Secretary in Edo State Government; Mr. Tolu Aderemi, Partner at Perchstone Graeys; Mr. Aderemi Oguntoye, Partner at Oguntoye & Oguntoye; Oludayo Olorunfemi, Secretary of Ekiti State Mortgage Board; members of the NBA Benin Branch, and several members of the Office of the NBA president.

Condoling the family, Akpata reassured them that Ogaga lived a life of meaning and impact. Said Akpata: “He impacted everyone he came across, hence the number of people who are with me on this visit. Ogaga was a brother indeed who will be greatly missed by all.”

Promising not to abandon the family, the NBA President pledged his support. “We will not leave you,” he said.

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EDITOR'S CHOICE
Aug 15, 2022
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NBA EXCO ASKS NEC TO IMPEACH ODUAH FOR GROSS MISCONDUCT

The National Executive Committee of the Nigerian Bar Association has resolved to recommend Mrs. Joyce Oduah to the NBA National Executive Council for removal.

The move confirms earlier exclusive reports by CITY LAWYER on the suspension of the erstwhile General Secretary as well as moves by National Officers to impeach her for alleged misconduct.

In an email to NBA members informing them of the resolution of the Executive Committee to suspend Oduah as General Secretary and signed by nine of its 11 members, the committee stated that the move is based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

Below is the full text of the statement.

RESOLUTION OF THE MEETING OF THE NATIONAL EXECUTIVE COMMITTEE OF THE NIGERIAN BAR ASSOCIATION HELD ON MONDAY 15TH AUGUST 2022

“Following the receipt of a letter dated 14th August 2022, from 9 National Officers of the Nigerian Bar Association (NBA) calling on the President of the NBA, Mr. Olumide Akpata to call an emergency meeting of the National Executive Committee, the meeting held on Monday 15th August 2022 by 8am with the following members in attendance:

1) Olumide Akpata – President
2) John Aikpokpo-Martins – 1st Vice President
3) Debo Adeyemo Kazeem – 2nd Vice President
4) Ombo Victor Frank-Briggs – 3rd Vice President
5) Joyce Oduah – General Secretary
6) Uchenna Nwadialo – Assistant General Secretary
7) Mercy Ijato Agada – Treasurer
8) Raphael Nnamdi Anagor – Financial Secretary
9) Olukunle Edun – Welfare Secretary
10) Rapuluchukwu Nduka – Publicity Secretary
11) Ferdinand Naza – Assistant Publicity Secretary

“The meeting deliberated extensively on the content of the above referenced letter and the weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee

“Owing to the contents of the letters and statements issued by General Secretary and the disclaimer that the President issued, the NBA President, Mr. Olumide Akpata recused himself from the deliberations and handed over to the 1st Vice President, Mr. John Aikpokpo Martins to chair the meeting.

“At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.

“In the meantime, however, in view of the critical importance of the Annual General Meeting which is scheduled to hold on 25th August 2022, and to prevent the General Secretary, Mrs Joyce Oduah from imperiling the Annual General Meeting, the Annual General Conference or the succession to the next administration by her unilateral and unauthorised communications purporting to be legitimate communications from the Association, the National Executive Committee has unanimously exercised its emergency powers under section 9(6) (d) of the NBA Constitution 2015 (as amended in 2021) to suspend Mrs Joyce Oduah from office as the General Secretary of the Association with immediate effect pending the Pre-Conference meeting of the NBA-NEC scheduled to hold on Sunday 21st August 2022.

“The Assistant General Secretary, Ms. Uchenna Nwadialo shall immediately act as the General Secretary pending the PreConference meeting of the NBA-NEC scheduled to hold on Sunday 21st August 2022.

“All members of the Association are advised to continue their preparations for the forthcoming Annual General Conference.”

Signed

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EDITOR'S CHOICE
Aug 15, 2022
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EXCLUSIVE: NBA EXCO SUSPENDS GENERAL SECRETARY

The General Secretary of the Nigerian Bar Association (NBA), Joyce Oduah has been suspended “with immediate effect” by the National Executive Committee (NBA-NEC), CITY LAWYER can authoritatively report.

A ranking member who attended the NBA-NEC meeting told CITY LAWYER that the National Officers unanimously resolved to suspend Oduah and appoint Ms. Uche Nwadialo as Acting General Secretary.

CITY LAWYER gathered that NBA President, Mr. Olumide Akpata recused himself from the meeting while Oduah validated all the statements credited to her by the social media. She subsequently exited the virtual meeting held this morning by the NBA-NEC.

The source told CITY LAWYER that that the decision was based on Section 9(6)d) of the NBA Constitution which empowers the NBA-NEC to act in matters of emergency, subject to ratification of the NBA National Executive Council.

According to the source, the NBA-NEC reasoned that it would be inappropriate for Oduah to continue in her position, especially as preparations for the NBA AGM and NEC Meetings are in top gear, “and moreso as these are transtion NEC and AGM Meetings.”

CITY LAWYER gathered that a formal statement on the NBA-NEC decision will follow shortly.

CITY LAWYER had reported that there were plans by NBA-NEC to impeach Oduah.

More details soon.

EDITOR'S CHOICE
Aug 14, 2022
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NBA CRISIS: EMERGENCY MEETING ENTERS DAY 2, ODUAH FIGHTS BACK

The Emergency Meeting of the National Executive Committee of the Nigerian Bar Association (NBA-NEC) has entered its second day today as the National Officers deliberate on the crisis rocking the NBA leadership.

The meeting which started today on the heels of differing notices on the forthcoming NBA Annual General Meeting, will continue at 9 pm today, CITY LAWYER reliably gathered.

Meanwhile, the embattled General Secretary Joyce Oduah has issued a statement saying that she only included in the AGM notice items that met the constitutional deadline.

In a statement made available to CITY LAWYER and titled “SETTING THE RECORD STRAIGHT,” Oduah said that “the office of the General Secretary received a Notice of Proposed Amendment on the 14th day of June, signed by the Chairmen of the Branches for the amendment of Section 23 (8) of the NBA Constitution to read “Twenty percent of the BPF paid by members of each Branch shall be remitted to the Branch in the month of April and December of each year.””

Below is the full text of the statement.

SETTING THE RECORD STRAIGHT

Dear Learned Silks, Benchers and Distinguished colleagues,

Ordinarily, I would not have responded to the Disclaimer issued by the President on the 13th of August, 2022, but I am constrained to do so. It is important that I set the record straight as I have received numerous calls from concerned members asking me to state my side of the story. Let me begin by saying that my loyalty goes to the generality of the members of our great profession; and so, in carrying out my responsibilities as the General Secretary [GS] of the Association, I will uphold, dispatch my responsibilities by working within the ambit of the NBA Constitutional provisions whilst respectfully carrying out legal directives and instructions from the National Executive Council [NEC] and the President.

1. As the President stated in paragraph 1 of the Notice, the NBA National Executive Council (NBA-NEC) at the last meeting held in Ilorin on the 9th of June, 2022 resolved that some amendments be made to the NBA Constitution. These amendments include the ‘Increment of the amount from the Bar Practicing remitted to the Branches from 10% to 20%, and other non-contentious issues.’ The Constitution Review Committee and other interested persons could, thus propose amendments to the constitution in line with the conditions stipulated in the NBA Constitution 2015 (as amended in 2021).

2. The condition for amendment of the constitution is stated in Section 25 (1) of the NBA Constitution, thus: “The constitution shall not be amended or repealed or re-enacted except at the Annual General Meeting of the Association and two-third of the branches of the Association are represented and provided further that at least sixty (60) days’ notice of the proposed amendment shall have been given to the General Secretary who shall have circulated same to delegates at least thirty (30) days before the proposed amendment is tabled for discussion at the Annual General Meeting.”.

3. In line with the above provision, the office of the General Secretary received a Notice of Proposed Amendment on the 14th day of June, signed by the Chairmen of the Branches for the amendment of Section 23 (8) of the NBA Constitution to read “Twenty percent of the BPF paid by members of each Branch shall be remitted to the Branch in the month of April and December of each year.” The said letter which complies with Section 25 of the constitution is attached herewith.

4. The Constitution Review Committee was also to send in their proposed amendments but it was not forthcoming. In the National Executive Committee (Exco) meeting held on the 30th day of June, 2022, I informed the President and Excos that the Constitution Review Committee was out of the constitutionally stipulated time to forward the said amendment. Prior to this time, I had called the Chairman of the Committee on several occasions to send in the Committees proposed amendment as they were almost out of time. I had also called the President to persuade the committee to send in their report in time but to no avail. The Notice of the proposed amendment was eventually sent by the Constitution Review Committee to the office of the General Secretary on the 26th of July 2022 via email – 30 days behind the stipulated time required by the constitution. Receipt of the email is attached.

5. The President instructed that a Notice of proposed Constitutional Amendment be sent to members for the AGM, and it was in compliance with his directive and observance of the rule of law which guides the Nigerian Bar Association that I sent out the said Notice on the 27th of July 2022 containing only the proposal by the Branch Chairmen which met the requirement of Section 25 (1) of the Constitution.

6. When this matter was brought up at the National Executive Committee (Exco) meeting on the same day, I informed the meeting that the amendment by the Constitution Review Committee was omitted because of their non-compliance with section 25(1) of the Constitution.

The President and excos canvassed that we could conveniently bypass the requirement of the constitution, but I informed them that the requirement of Notice was not a mere procedural matter but a substantive issue which could not be sidestepped without meaningful consequences. The President and other excos resorted to using several tactics to bully me into conforming with their position to overlook the Constitutional requirement. I informed them that I swore to uphold the Constitution of the NBA and that I will do.

7. The President indicated that it was irrelevant whether I amended the notice or not as he had the power to request any member of the Exco to perform any duties including that of the General Secretary. To my surprise, the next day, 28th of July, 2022, the Assistant Secretary sent out a second notice of proposed amendment to the constitution and attached the proposal sent by the Constitution Review Committee that did not meet the 60 days requirement of Section 25 (1). This was a failed attempt to usurp the constitutional duties of the office of the General Secretary and countermand the notice issued by the office of the General Secretary the previous day; which was infact resisted by the good members of the Association.

8. On the 29th of July, the president and exco members left the executive group chat because of my insistence on upholding the rule of law. Since then, I have received no notice or information of Exco meetings. On arriving at my office on the 13th of August, 2022, I discovered that the President had transferred my secretary who had worked with me for 2 years without consulting, informing or giving me reasons. This action by the President to move my personal Secretary, at a critical time of preparing documentation for the Pre-Conference NEC and AGM demonstrates his well-established unilateral control and command leadership style. Also, I was informed that the members of staff of the Secretariat had been directed by the President not to take instruction from my office but directly from him – a Secretariat which the General Secretary is in charge of. This action by the President clearly denigrates my person and office, making it impossible to be accountable to members of the Association, National Executive Council and AGM.

9. On the 10th of August, 2022, on getting to the office of the Head, Admin and Finance Department, I saw the Treasurer recommending memos for the Annual General Conference to the President. This is usually a responsibility reserved for the office of the General Secretary who is the second signatory to the account, and customarily the officer to vet and recommend memos to the president for his approval – a fact which was affirmed by the President in the last Annual General Meeting of 2021. This is a duty which I have carried out since the inception of the administration to ensure that the monies of the Association are judiciously utilized. I believe, all these were done by the President in a bid to intimidate me and to undermine my office.

10. I received letters from some members of our Association asking for the notices to be withdrawn or we face court action. These letters were forwarded to the President by me, but he did not respond. I made several calls to the President to enable us discuss the way forward or to call for an emergency meeting to discuss the issues raised in the letters, but he neither picked nor returned any of the calls. I also sent the Pre-Conference NEC Notice to him, but he failed to acknowledge same, and I had no choice but to send it to members because we were running out of time.

11. On the 11th of August, 2022, I went to see the President in his office and to my astonishment his secretary informed me that the President had given instruction that she should not let me in whenever I come to see him. When I found my way into his office, I saw and heard a vicious president screaming at the top of his voice that I should leave his office. I had no choice than to leave his office without being able to discuss the threat of a law suit and other issues.

12. It was imperative that I withdrew the notices to save the NBA any negative publicity and preventable litigation cost from any potential lawsuits. I sent the Notice of withdrawal to the IT Support staff to disseminate to members, and he neglected/ failed to do so despite several calls and chats to him. This uncharacteristic behaviour of the IT staff is, I believe, based on the instruction of the President to the members of staff. Hence, my sending the withdrawal notice through my private email and at my cost.

13. For the avoidance of doubt;
a. I am unaware of any meeting where it was decided that the two notices; one issued by the General Secretary on the 27th of July, 2022 and the other issued by the Assistant Secretary on the 28th of July, 2022 would be presented to the Annual General Meeting for a resolution of which should be discussed at the meeting.

b. I have nothing against the proposed amendments by the Constitution Review Committee. However, my stance as I told the President and other members of Exco is that the Proposed Amendment did not meet the sixty (60) days requirement of the Constitution.

I will always stand for the truth and the best interest of the Association even if it means standing alone. I am not a political appointee; I contested for the office of the General Secretary and won by your votes and God’s mercies. The duties of my office are well defined, and I will uphold the provisions of the Constitution which I swore to uphold.

Thank you.

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EDITOR'S CHOICE
Aug 13, 2022
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EXCLUSIVE: NBA EXCO IN EMERGENCY MEETING, MAY IMPEACH GENERAL SECRETARY

The National Executive Committee of the Nigerian Bar Association (NBA-NEC) is currently having an Emergency Meeting over the crisis rocking the Mr. Olumide Akpata Administration, CITY LAWYER can authoritatively report.

A source at the meeting told CITY LAWYER that one of the issues that may be considered by the meeting is whether to impeach the embattled General Secretary of the association, Joyce Oduah for “utter disrespect of the entire National Officers and for refusing to carry out the directives of the NBA-NEC.”

Several National Officers told CITY LAWYER that they were aggrieved with the General Secretary’s refusal to issue approved notice of meeting for the NBA Annual General Meeting (AGM) as resolved by the NBA-NEC.

A ranking National Officer told CITY LAWYER that the last straw was the withdrawal of the AGM Notice by the General Secretary, adding that “It is a huge disrespect to National Officers. If any National Officer exceeds his or her powers, there are bound to be sanctions. Several options are open to us.”

CITY LAWYER also gathered that the NBA-NEC is worried that Oduah may continue with her “disruptive attitude,” adding that “No-one knows what she would do next. This has to be dealt with.”

There are however indications that some National Officers are not certain about the constitutionality of the impeachment move. “I do not know whether we have such powers. But rest assured that whatever we do will be based on law and the NBA Constitution,” a National Officer told CITY LAWYER, adding that “We will not take any arbitrary decision, notwithstanding the egregious and longstanding infractions of the General Secretary.”

When CITY LAWYER contacted Oduah, she said she was not invited to the meeting. “I have not received any Notice of Meeting,” she said. “I believe it was a virtual meeting. No ZOOM link was sent to me. At any rate, I am the one who should issue any Notice of Meeting. It is like shaving one’s head in his absence.”

Oduah also queried the legality of the planned impeachment, saying “The National Executive Committee has no such powers. It is only the NBA-NEC or the General Meeting that can remove an officer. This is not about me but about the office of the General Secretary.”

CITY LAWYER recalls that Akpata issued a disclaimer against a notice by Oduah withdrawing earlier notices by her and the Assistant General Secretary, Uche Nwadialo.

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EDITOR'S CHOICE
Aug 13, 2022
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EBUN ADEGBORUWA JOINS ‘SOLAR FOR ALL’ LEAGUE

Bricks and Castles Energy-Tech Limited was at the new Abuja office of one Nigeria’s foremost Senior Advocates and Activists, Mr. Ebun-olu Adegboruwa SAN where it installed a Giant 5KVA (96v) Solar/Inverter System under the Nigerian Bar Association (NBA) Lagos/Abuja “Solar For All” Partnership.

The system comes with 8 biggest-size Tubular Batteries, 16 German Solar Panels (300 watts), 96v MPPT Charge Controller and other accessories to power all the essentials in the edifice. This ensures 24-hour power supply and a reduced power cost by at least 50%.

The Partnership also extends to NBA Branches, BOSAN Abuja, Otu Oka-iwu Abuja, Medical Doctors at FMC Cooperative, FCT Pharmacies, NFIU Cooperative Society, and UNILAG College of Medicine Alumni among others.

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

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

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

Adegboruwa expressed a great pleasure in the services of the company, while urging everyone to embrace solar power to save huge costs and mitigate climate change.

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

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

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

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

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

To view the PRICE LIST, click here

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EDITOR'S CHOICE
Aug 13, 2022
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GADZAMA TO AKPATA: ‘I WON’T FILE PETITION AGAINST MAIKYAU UNTIL ….’

The last has not been heard about the recent Nigerian Bar Association (NBA) Elections as erstwhile presidential candidate, Chief Joe-Kyari Gadzama SAN has vowed not to file any petition at the reconstituted NBA National Election Appeal Committee (NBA-NEAC) unless the reconstitution is ratified by NBA National Executive Council.

In a letter dated August 11, 2022 and made available to CITY LAWYER, Gadzama’s Campaign Organisation demanded “That the instant reconstitution of the NBA-NEAC be ratified by the NBA-NEC in accordance with S.14 (3)(i) of the NBA Constitution, as a condition-precedent to assuming office and duly executing its functions within the mandate of the NBA Constitution.”

Signed by Chief Chukwudi Oli, Director-General of Joe-Kyari Gadzama Campaign Team, and copied to the Chairman and Members of NBA-NEAC, Gadzama also asked “That an independent forensic audit of the NBA National elections of July 16, 2022, including but not limited to election logs, be mandated and conducted forthwith particularly that of the presidential election.”

The Campaign Organisation also decried the “levity visited upon the petition dated 6th May, 2022 (“the Petition”) hereto attached as “Annexure 3”, addressed to the ECNBA by Mr. Tochukwu E. Ohazuruike,” saying it “is a cause for grave concern.”

According to the Organisation, “The Petition was not considered on its merit and this leaves much to be desired. Of substance, the Petition was hinged on the ground that one of the NBA presidential candidates, Mr. Yakubu Chonoko Maikyau, SAN is not constitutionally qualified to contest for the office of President in the 2022 NBA National Officers’ election due to his failure to meet the eligibility criteria of not less than two years membership of NEC at the time of nomination, mandatorily required under section 9(3)(c)(i) of the Constitution and page 1 of the ECNBA’s Preliminary Notice of Election dated 17th day of March, 2022. The Petition also made copious references to verifiable minutes of NEC meetings and signed attendance lists within the period of 2018 to 2020, confirming that Mr. Maikyau, SAN was absent for three consecutive meetings by virtue of which he automatically lost NEC membership at the time under reference pursuant to section 8(8) of the Constitution. And that such period of Mr. Maikyau’s non-membership of NEC cannot be reckoned with for purposes of computation of time as NEC member for his nomination, qualification and participation in the 2022 NBA National Officers’ election, held on the 16th day of July, 2022.

“The Petition also averred that assuming that Mr. Maikyau had not absented from three consecutive meetings under the Mr. Olumide Akpata led NBA dispensation, Mr. Maikyau, SAN has still not and could not have met the NEC eligibility criteria of not less than two years between the timeframe of August, 2020 to the 15th April, 2022 deadline for nomination of candidates which is barely 20 months and thus less than the requisite two years. Thus, the NEC membership of Mr. Maikyau, SAN under the Olumide Akpata led NBA does not also meet the minimum two years’ requirement of NEC membership as stipulated in the Constitution.

“The issues raised in the said Petition, prima facie, are plausible grounds for disqualification and their veracity should have been explored and not waived aside on the basis of technicality. This is more so considering that the response given by Mr. Y.C. Maikyau, SAN (Annexure 4 attached hereto) is a confirmation/admission that, indeed, he was absent from three consecutive NBA-NEC meetings.

“Furthermore, having due regard to paragraph 2.2(d) of the second schedule to the NBA Constitution, an aspirant to the Office of the Presidency of the NBA has to be from a section/geo-political zone in the geographical zone where the Presidency is zoned, in this case the North for 2022 NBA election, in compliance with the constitutional rotation requirement. Owing to the fact that previous Presidents of the NBA have emerged from the North West and North Central geopolitical zones of the Northern Zone in times past, the import of section 9(3) of the Constitution and paragraph 2.2(d) of the second schedule of the Constitution on the 2022 NBA general election is that it is only the North Eastern geographical zone in the North that is yet to produce the NBA President, and therefore only candidates from the North East are eligible to contest the 2022 NBA Presidential election in view of the rotational principle enshrined in paragraph 2.2(d) of the second schedule to the Constitution. This line of thinking represents the clear and mandatory provision of the Constitution.”

The Campaign Organisation stated that “There is therefore a clear testimony of the incompleteness of the electoral process, which makes it unfair, unfree, non-transparent and non-credible.”

It stated that “While it presently seems that the legal profession in Nigeria is sitting gingerly on a ticking time-bomb, may I ultimately reiterate that the leadership of the Bar has an all-important statutory, legal, professional and moral duty to ensure the protection, promotion and defence of the unity, indivisibility and indissolubility of the Bar in Nigeria which has been glaringly bedevilled by too many a crisis in recent times.”

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• SAYS ‘SORO SOKE BOYS AND GIRLS’ BETRAYED PACT

VOWS THAT TCCP DID THEIR BEST

• ODUAH KEEPS MUM, BATTLES TO SECURE CTC OF COURT ORDER • PRESSURE ON AKPATA TO STEM ANTI-OLANIPEKUN PROTESTS • LAWYER ASKS NBA TO RESCIND NAMING OF NBA BUILDING AFTER AKEREDOLU

• ODUAH KEEPS MUM, BATTLES TO SECURE CTC OF COURT ORDER
• PRESSURE ON AKPATA TO STEM ANTI-OLANIPEKUN PROTESTS
• LAWYER ASKS NBA TO RESCIND NAMING OF NBA BUILDING AFTER AKEREDOLU