CRISIS ROCKS NBA, AS AKPATA DISOWNS GENERAL SECRETARY

The muted crisis that has been rocking the leadership of the Nigerian Bar Association (NBA) peaked in the last 12 hours with NBA President, Mr. Olumide Akpata issuing a disclaimer on a “withdrawal notice” issued by the NBA General Secretary, Mrs. Joyce Oduah.

Oduah had in an email obtained by CITY LAWYER and sent early today from her unofficial email address (joyceoduah.yahoo.com@mail.mailchimpapp.com) but on NBA letterheaded paper, urged NBA members to disregard early notices sent by her and the Assistant General Secretary Uche Nwadialo. The email was titled “Withdrawal of Notice of Proposed Amendment, Notice of AGM & Minutes of AGM of Oct, 2021.”

In their stead, she intimated members of a “Revised Notice of Annual General Meeting” and also attached “Minutes of the Annual General Meeting held on the 28th of October, 2021 in preparation for the Annual General Meeting of 25th August, 2021 in Lagos.”

But within about five hours of the release of the email to NBA members, Akpata fired another email which he personally signed and titled “RE: Disclaimer of Notice of Withdrawal of Proposed Constitutional Amendments (NBA AGM 2022).”

In the email, he urged NBA members “to disregard the withdrawal and amendment notices that you might have received at midnight today and treat the separate notices circulated by both Mrs. Oduah and the Assistant General Secretary on 27th of July 2022 as subsisting pending a decision by the AGM.”

Over the last two weeks, there have been some developments within the NBA National Secretariat which I had hoped would not need to be escalated to you, but I am compelled to send this disclaimer in respect of an email that you might have received at midnight today from the private yahoo address of the NBA General Secretary, Mrs. Joyce Oduah. In that email, Mrs. Oduah advised you and other members of our Association that the notices of the Annual General Meeting (AGM) issued on 27th July 2022 have been withdrawn, and that those notices have been substituted with a new notice that does not include any constitutional amendment as a line item for discussion at the AGM.

I am writing to disclaim that withdrawal as unauthorised by me or any of the National Officers, and to request that you regard the two notices circulated on 27th July 2022 by (i) firstly, Mrs. Oduah; and (ii) secondly, by the Assistant General Secretary as subsisting. The reasons for this request are as follows:

1. The NBA National Executive Council (NBA-NEC) had at its last meeting in Ilorin Kwara State on 9th June 2022 resolved that some amendments be made to the NBA Constitution. On that basis, the NBA Constitution Drafting Committee under the leadership of Asamah Kadiri, SAN proposed certain amendments for consideration by National Officers and subsequent circulation to all our members for consideration at the forthcoming AGM.

2. The National Officers duly considered the said amendments proposed by the Constitution Drafting Committee and we all resolved that the proposed amendments are in the best interest of the Association, and approved that they be shared with our members alongside the Notice of the AGM where the amendments will be deliberated upon.

3. For clarity, most of the proposed amendments are aimed at institutionalising some of the initiatives of the current administration and ensuring inter-alia that (i) the NBA Stabilisation Fund is properly ringfenced and protected from the risk of easy dissipation in the future by any President or National Officer as those funds have been earmarked for key welfare and developmental programmes; (ii) the amount of Bar Practicing Fees that we remit to the branches for their programmes is increased from 10% to 20% as authorised by a longstanding resolution of NBA NEC; (iii) any member of the Association who has held elective office as a National Officer for two (2) terms is barred from contesting for a national office for at least ten (10) years after his/her last term of office; and (iv) government interference in affairs of the NBA is constitutionally limited.

Admittedly, some of the amendments proposed by the Constitution Drafting Committee may not be acceptable to all, albeit the view of the National Officers (except Mrs. Oduah) is that the decision as to whether or not such provisions can stand is purely that of the AGM while voting on the proposed amendments.

4. Unfortunately, and for reasons that are not exactly clear, in spite of the approval of the proposed amendments by 10 of the 11 National Officers, Mrs. Oduah not only delayed in issuing the required Notice until the eve of the cut-off date, but also refused to issue a Notice of the AGM that contained all the proposed amendments. When the Notice was eventually issued, it had been unilaterally altered by Mrs. Oduah to exclude most of the proposed amendments highlighted in paragraph 3 above. It was on this basis that all National Officers (except Mrs. Oduah) authorised the Assistant General Secretary (Ms. Uche Nwadialo) to issue a second notice of AGM that contains all the proposed constitutional amendments.

5. Considering that two separate and apparently conflicting notices had been issued, the National Officers agreed that the contents of the notices and the fact of their conflict will be presented to the AGM (as the highest decision-making body of the NBA) for a resolution on which, if any, of the notices should be discussed at the meeting. In essence, the conflict between the two notices was to be resolved by the AGM.

6. It was during this interval, that the withdrawal notice which you most likely received a couple of hours ago was unilaterally sent by Mrs. Oduah. To be sure, no meeting or other deliberations were held, and no authorisation was given for any of the previously issued notices to be withdrawn or amended as Mrs. Oduah purported to do in her most recent email.

It is on the basis of the foregoing that I invite you to disregard the withdrawal and amendment notices that you might have received at midnight today and treat the separate notices circulated by both Mrs. Oduah and the Assistant General Secretary on 27th of July 2022 as subsisting pending a decision by the AGM.

It is regrettable that we have had to bring this matter to your attention, but it is important to set the records straight and to provide clarity on a subject which, I am sure, has left you and others befuddled over the last two weeks.

The crisis is reminiscent of the one that rocked the immediate past NBA administration in the twilight of its tenure.

CITY LAWYER recalls that there have been controversy on the disparate AGM Notices issued by both NBA General Secretary and the Assistant General Secretary, leading some lawyers to issue petitions on the matter.

It remains to be seen how the issue will be resolved at the forthcoming Annual General Meeting in Lagos.

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‘NBA CAN’T REMOVE OLANIPEKUN AS BENCHERS’ CHAIR,’ SAYS OJO

Former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee has stated that the NBA has no power to remove any member of the Body of Benchers (BoB) including its embattled Chairman, Chief Wole Olanipekun SAN.

In a statement made available to CITY LAWYER, the fiery Bar Leader said that “The NBA has no power to remove any member of the Body of Benchers (including those nominated by the NBA) under any guise,” adding that “The manipulators of the NBA cannot stoke rebellion within or decimate the Body of Benchers by attacking its Chairman.”

CITY LAWYER recalls that NBA President, Mr. Olumide Akpata had in a letter to the Olanipekun, asked him to recuse himself from the seat pending investigation of a Partner in his law firm over alleged professional misconduct.

Ojo stated the Legal Practitioners Disciplinary Committee “has been existing under the Body of Benchers from time immemorial,” adding that its procedure “is not the true reason for the current truancy.”

Taking a swipe at the “Nigerian Bar Association (NBA) cubicle politicians” for “plan to hijack and destroy the legal profession in Nigeria,” Ojo alleged that NBA Treasurer Mercy Agada “exposed their plan to stoke rebellion among Body of BENCHER (sic)” and to employ the NBA in “scattering the table.”

According to Ojo, Agada referred to “we” several times and threatened that “NBA AGC will witness daily protest.” CITY LAWYER recalls that Agada had debunked the allegation.

Said Ojo: “It is very unfortunate that the hirelings are blinded by their inordinate greed. Destruction is in their DNA hence nothing is sacred to them. They are bent on further desecrating the Legal Profession in Nigeria more than they have done already. The conversion of the NBA to their platform to wage war against leaders of the Bar in Nigeria is most unfortunate and conclusive proof that the NBA is being used by the destructive clique as a front to further their mission to decimate the Bar in Nigeria. The veil is already removed and the face of NBA political masquerades and their supporters are being further exposed.”

The full text of the statement is below.

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ACCESS TO JUSTICE AND LOCUS STANDI IN ENVIRONMENTAL CASES

BY JESSE NWAENYO

Environmental democracy involves a tripartite reinforcing right that, while independently important, operate best in combination: the ability for people to freely access information on environmental quality and problems, to participate meaningfully in decision-making, and to seek enforcement of environmental laws or compensation for damages . This article seeks to explain the concept of environmental democracy and the importance thereof in preserving the environment and its components.

INTRODUCTION

The protection of our environment started in pre-colonial era when Africans protected their environment through observation of culture, norms and customs. The second phase was the period of the imperialist, when common law and English statutes were introduced to curb or prevent pollution of our environment. The emergence of the third era was marked by the toxic waste dumped in koko, a riverine town in Delta State (formerly Bendel State) in 1988, Nigeria for the first time got hints of the Harmful Toxic Waste Cargo from some Nigerian students studying in Italy through letters they sent to some media houses alerting them that the lethal cages carrying wastes rejected in Europe were being consigned to Nigeria under false inscriptions. The rest of this incident is now history, but it opened the eyes of Nigerians and the government on the need to put environmental law enforcement in proper shape. This third era marked Nigeria’s seriousness towards protecting her surroundings.

Environmental democracy is about government being transparent, accountable, and involving people in decisions that affect their environment.

Participation is central to the notion of environmental democracy. Public participation is necessary for the existence of a democratic society. It serves an educative function by teaching citizens to understand the difference between individual desire and common interest and equipping them with the knowledge and confidence needed to engage in participatory activities. In this sense, participation cultivates the very qualities necessary for it; the more individuals participate the better able they become to do so.

Worthy to note that humans are part of the society as well as other living creatures, which include plants and animals, this belief, is held by proponents of environmental ethics. Environmental ethics is a branch of ethics that studies the relation of human beings and the environment and how ethics play a role in this . In this regard, the bio-centric environmental philosophers consider all living things to have the same worth.

WHAT IS AN ENVIRONMENT
Environment can be defined from a lay man perspective and equally from a broader view. The concept is very technical in scope and application. Bearing this in mind, it is not easy to arrive at a universal and generally accepted definition of the concept. Various scholars have made attempt to define the concept in different ways.

The word Environment is derived from the French word ‘Environner’ which means to ‘encircle or surround’. The first recorded usage of the word was by Thomas Carlyle in 1827 and in 1956.

Generally, it is defined as our surroundings especially material and spiritual influences which affect the growth, development and existence of living being. The United Nation Stockholm Conference on Human Development asserts ‘man is both creature and moulders’ of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth.

The National Environmental Standard and Regulation Enforcement Act defines ‘environment’ in the following perspectives; ‘Environment’ include water, air, land, animals living therein and in relationship exist among these or any of them .

The Constitution of the Federal Republic of Nigeria (1999) defines environment as:
(a) The water
(b) Forest and wildlife
(c) All layers of the atmosphere
(d) All organic and in-organic matter and living organisms, and
(e) The interacting nature system that includes the component referred to in paragraph (a) – (d).

Environmental law therefore covers the whole universe including not only human beings but also plants, animals, forest shrubs, refuse, bacteria and insects.

WHAT IS DEMOCRACY

Democracy is derived from the Greek word demokratia, meaning “rule by the people.” It’s made up of two roots demos, meaning “the people,” and kratos, meaning ‘power.”

One belief that is foundational to democracy is the term isonomia, meaning “equality before the law.”

The term democracy in the practical sense implies a social partnership between the people and the government; the right of expression and recognition of the views of the people before the implementation of any government policy. In essence, the voice of the people is supreme in a democratic setting; consequently, the welfare of the people should be the supreme law: salus populi suprema lex esto.

ENVIRONMENTAL DEMOCRACY

Environmental democracy is the participation of citizens in planning processes with environmental effects and aims at mutual commitment by citizens and public authorities to change their behaviors in order to improve sustainable development.

At its core, environmental democracy involves three mutually reinforcing rights that, while independently important, operate best in combination: the ability for people to freely access information on environmental quality and problems, to participate meaningfully in decision-making, and to seek enforcement of environmental laws or compensation for damages.

Far too often, the public is not meaningfully engaged in decisions that could affect their health, livelihoods, and culture. These three key components – access to information, participation and justice – also known as “access rights” are reflected in Principle 10 of the Rio Declaration on Environment and Development. They are at the heart of environmental democracy, embodying the procedural dimensions of the right to a healthy environment.

WHAT DOES ENVIRONMENTAL DEMOCRACY LOOK LIKE?

Several years ago, developers proposed a five-dam project on the Baker and Pascua Rivers in Patagonia, Chile. While they projected that the hydropower would produce 2,750 megawatts of power, the project would also flood 23 square miles of wilderness, jeopardizing the environment, local culture, and tourism of the region.

Citizens opposed the project, arguing that Chile’s energy needs could be met through less damaging projects, such as energy efficiency and renewable energy. Sometime in June 2014—after eight years of campaigning by the Patagonia Defense Council, a coalition of more than 70 domestic and international organizations and individuals—Chile’s Environment Minister, Pablo Badenier, revoked the permit. The advocacy of this coalition, which includes Access Initiative member FIMA, was credited by International Rivers as “perhaps the most important reason” for the reversal.

The success of this campaign is a powerful example of the importance of public participation in land-use decisions. Civil society raised concern over the impacts of the proposed dams on livelihoods and the environment, which ultimately created political opposition. However, far too often the public is not meaningfully engaged in these decisions. This is often due to weak laws that limit the public’s access to information, do not provide adequate public voice in decision-making, or provide no access to justice when environmental harms are committed. These issues are at the heart of environmental democracy—a key component in preserving the health of communities and the regions they call home.

WHY IS ENVIRONMENTAL DEMOCRACY IMPORTANT?

Environmental democracy is rooted in the idea that meaningful participation by the public is critical to ensuring that land and natural resource decisions adequately and equitably address citizens’ interests. Rather than setting a standard for what determines a good outcome, environmental democracy sets a standard for how decisions should be made.

UNDERSTANDING THE THREE FUNDAMENTAL RIGHTS: INFORMATION, PARTICIPATION AND JUSTICE

ACCESS TO INFORMATION

When well-designed and implemented, access-to-information laws require that governments and companies make information such as environmental impact assessments, development project plans, and pollution discharges freely available to the public. By being informed, the public can participate more effectively in decision-making and hold companies and governments accountable for actions that are not in accordance with the law. Information should not only be available, but accessible to the public through formats they can readily use—taking into account literacy, language, readability, use of technology, and more.

Making environmental information open and freely accessible can often be the foundation for change. The United States, for example, developed the first ever Pollutant Release Inventory (PRTR), called the Toxics Release Inventory, in 1986 following several environmental disasters including a chemical release from the Union Carbine plant in West Virginia in 1985. The TRI requires that certain industrial facilities annually submit data on the quantity of toxic chemicals they release. Since 1986, at least 50 countries have developed PRTRs or implemented pilot programs. While the US TRI certainly still has room for improvement, compelling companies to make this data public has helped reduced the incidence of toxic releases in the country.

PUBLIC PARTICIPATION

Public participation laws improve information flow between communities and government or private sector decision-makers. This exchange can help avoid unintended consequences, increase support for a decision, and lead to a more equitable distribution of costs and benefits. The public should be informed early in the decision-making process about opportunities to participate, such as through town hall meetings or community workshops. They also need to be provided with any information necessary to meaningfully engage—such as environmental impact assessments—and should be able to participate without incurring burdensome costs, such as traveling to a capital city. Participation is less meaningful when the public is merely informed of an upcoming decision and left with no opportunity to influence it.

One of the better-known public participation processes for the environment is through Environmental Impact Assessments (EIA), which in many countries require public consultations before the development of projects that will have environmental impacts. However, these consultations can vary widely in quality. When the public is given ample notice along with the necessary information to understand and participate meaningfully, these assessments can be effective ways to safeguard against environmental harms or to ensure that adequate compensation. On the other hand, public consultations that serve only to inform of a decision that has already been made undermine public trust, reduce legitimacy and stifle the flow of important information.

ACCESS TO JUSTICE

When members of the public do lack access to information and participation, they should be able to exercise a right to seek justice—such as compensation or appealing a project. These accountability mechanisms should be independent and impartial, and ideally able to issue binding, enforceable decisions.

Environmental tribunals such as India’s National Green Tribunal (NGT) are good examples of mechanisms that provide access to justice. The NGT was established in 2010 in recognition of the large number of court cases involving environmental disputes. The tribunal has jurisdiction over all civil cases involving “substantial question[s] relating to [the] environment,” and is mandated to attempt to conclude a case within six months of the filing date. Between May 2011 and March 2014, the Tribunal has adjudicated 393 cases.

LOCUS STANDI IN ENVIRONMENTAL CASES IN NIGERIA

The concept of locus standi is a development of case law. Essentially, it has been held to mean “standing to sue.” It is the legal capacity to institute or commence an action in a competent court of law or tribunal without let or hindrance from any person or body whatsoever. The applicant must show sufficient interest in the subject matter of the suit, which interest would be affected by the action or the damage or injury he would suffer as a result of the action.

In the case Adesanya v. President of the Federal Republic of Nigeria it was held per Fatayi-Williams, CJN that:
“…the law is now well settled that the plaintiff will have locus standi in the matter only if he has a special legal right or alternatively, if he has a special interest in the performance of the duty sought to be enforced, or where his interest is adversely affected. What constitutes a legal right, sufficient or special interest, or interest adversely affected, will of course, depend on the facts of each case.”

In the past, the Court adopted a restrictive approach to the issue of locus standi. However, in recent times, the attitude of the Court to locus standi in respect of Environmental matters has changed from a restrictive and technical approach to a liberal view.

In the case of the Registered Trustees of the Socio-economic Rights & Accountability Project Law Report (SERAPLR) & 10 Ors. v. The Federal Republic of Nigeria, the Community Court of Justice (Abuja Division) in deciding whether non-governmental organizations can file complaint on human rights issues on behalf of vulnerable individuals and impoverished communities held that:
“With the same purpose to ease access to Justice on Human Rights issues by most vulnerable individuals and by impoverished communities, which most of the time, do not have means to lodge a complaint by themselves, in particular when the opposite party is a very powerful entity, the ECOWAS Court of justice has reiterated in many instances that, in case of serious human rights violation, a Non-Governmental Organization may enjoy standing to file a complaint on their behalf or to join them in the same complaint, even if the applicant has not been directly affected by the violations it is complaining of.” Per Ramos, J. [P.98] lines 15-30.

In the salutary case of Center for Oil Pollution Watch v. Nigerian National Petroleum Corporation , the Supreme Court robustly held, inter alia, that:
‘The time has come for the Supreme Court to relax the application of the rule of locus standi in cases founded on public interest litigation especially in environmental issues. No particular persons own the environment. It is the duty of all and where government agencies desecrate such environments and other relevant government agencies failed, refuse and/or neglect to take necessary steps to enforce compliance, non-governmental organizations, which do not necessarily seek their personal interest, can bring an action in court to demand compliance and ensure the restoration, remediation and protection of the environment. It is in the interest of the public including the government in general.”

The Supreme Court brilliantly noted that it would be a grave lacuna in the system of public law if a pressure group or even a single public-spirited tax-payer were prevented by outdated technical rules of locus standi from bringing a matter to the attention of the Court to vindicate the rule of law and get an unlawful conduct stopped. The Supreme Court believe that this liberal approach will further promote public interest litigation which is an action usually brought for the benefit of a group or class of persons who have suffered a general wrong or about to so suffer as a result of the activities of other persons or corporate institutions . Suffice it to say that this judgment recognized one of the elementary features of public interest litigation which is that the victims are often groups or persons who would not ordinarily be in a position to approach the Court on their own due to impecuniosity or lack of awareness of their rights.

CONCLUSION

Environmental democracy is about government being transparent, accountable, and involving people in decisions that affect their environment.

The new term ‘environmental democracy’, now taking hold, reflects increasing recognition that environmental issues must be addressed by all those affected by their outcome, not just by governments and industrial sectors. It captures the principle of equal rights for all those in the environment debate – including the public, community groups, advocates, industrial leaders, workers, governments, academics and health care professionals. For those whose daily lives reflect the quality of their environment, participation in environmental decision-making is as important as in education, health care, finance and government.

Participation is central to the notion of environmental democracy, which privileges collective decision-making among citizens above decisions based solely on administrative, professional, or scientific expertise.

Environmental democracy is also referred to as environmental justice. Environmental justice offers researchers new insights into the juncture of social inequality and public health and provides a framework for policy discussions on the impact of discrimination on the environmental health of diverse communities. The goal of environmental justice is to provide an environment where all people enjoy the same degree of protection from environmental and health hazards and equal access to the decision-making process to maintain a healthy environment in which to live, learn, and work.

RECOMMEDATION

It is recommended that special tribunals be set up in Nigeria to handle environmental infringements and that the government should be frank about implementation of policies that will protect the environment.

When these tribunals are set up, they should have special Rules and Procedures that, inter alia, ascribes a time frame for the hearing and determination of cases instituted in the Tribunal just like the Election Petition Tribunal.

It is also recommended that massive awareness and education on environmental issues and rights should be initiated from the grassroot. Some of the ways awareness can be created by relevant bodies in environmental campaigns is to engage social media platforms, setting up clubs/groups in secondary schools to discuss environmental issues, organizing seminars, workshops and conferences to discuss environmental issues in Nigeria, partnering with the traditional rulers to establish a program for environmental education, engaging in periodic public walk like “Green March” and so on.

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ELECTIONS: UBANI URGES AFRICAN COUNTRIES TO DEPLOY TECHNOLOGY

The Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Monday Ubani has urged African countries to deploy technology in order to enable the populace to elect quality leaders that will turn around its fortunes.

Ubani spoke while presenting a paper as a Panelist at the ongoing African Bar Association (AfBA) Conference in Lilongwe, Malawi.

The session, which was chaired by Dr. Samson Osagie, former Minority Whip in Nigeria’s House of Representatives, had its theme as “Good Governance: Firming up the pillars of Good Governance in Africa – Building strong institutions as a critical factor.”

The NBA-SPIDEL helmsman stated that for the African continent to throw up the kind of leadership that will resolve its myriad of challenges, “the electoral system must be re-engineered and sanitized through reduction of human interference in the process. What that means is that technology should replace the human interface in certain critical areas of our electoral system.”

He gave example of Nigeria’s new Electoral Act 2022 which identified accreditation and collation as areas where destructive disruption occurs, saying that “The new Act has deployed technology in those critical areas and the consequence is that Bimodal Voters Accreditation System (BVAS) and transmission of results from the polling units to INEC server are now part of the substantive law and Electoral Guidelines in the country.”

Ubani pointed out that Nigeria has utilized the new Electoral Act in two recent elections at the State level “with positive effect,” adding that “It is almost a hundred per cent reflection of the mandate of the majority in favour of those who were elected.”

He observed that the new Act “has rekindled peoples’ interest in the electoral process and eliminated voter apathy that has been the bane Nigeria’s democratic experience,” noting that deployment of technology in the electoral systems in Ghana, Nigeria, Kenya, Malawi and Kenya “has led to opposition parties securing victory at the polls, a practice that was hitherto a taboo on the continent.”

The top Bar Leader urged African countries to sustain full deployment of technology in all aspects of the electoral process including registration, accreditation, voting, collation and announcement of results, adding that the teething problems associated with such deployment “will be overcome through effective governance.”

According to the leading human rights lawyer, “The African continent has every reason to push for the deployment of technology in the electoral process for therein lies our salvation for the enthronement of the kind of leadership that Africa requires to drive the continent to development and progress.

“It is my extrapolation and I hope we all shall buy into this, and go back home with this idea that our policy makers, lawmakers, and the executives must agree to the wholesome application of technology in our electoral process.”

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‘OGAGA GAVE HIS ALL TO THE BAR,’ SAYS NBA

The Nigerian Bar Association (NBA) has mourned the death of the Secretary of its Welfare Committee, Mr. Ogaga Emoghwanre who died yesterday in Warri, Delta State.

In a statement made available to CITY LAWYER, the association described the deceased as “an amiable fellow and a consummate Bar man who gave his all to the Bar and the legal profession.”

Signed by the NBA Publicity Secretary, Dr. Rapulu Nduka, the statement added that “The news of his death has been devastating not only for the leadership and members of the NBA, but also for his wife, three kids and other family members whom he left behind.”

The NBA stated that it is liaising with his family regarding his funeral plans, adding that it “will keep our members apprised of developments. In the interim, we urge our members to pray for the repose his soul and allow members of his family time to gradually heal from this irreparable loss.”

Below is the full text of the statement.

THE NBA MOURNS THE TRAGIC LOSS OF MR. OGAGA EMOGHWANRE

Dear Colleagues,

As many of you may be aware, yesterday, the 10th of August 2022, we lost one of our members – Mr. Ogaga Emoghwanre – to the cold hands of death.

Until his demise, Ogaga was a member of the Benin Branch of the Nigerian Bar Association (“NBA”) who served the NBA at different levels and in various capacities including most recently as a member of the National Executive Council, the Secretary of the NBA Welfare Committee and as a Special Assistant to the NBA President. More importantly, he was a friend and worthy colleague to many of us.

Many who came across or had any dealings with Ogaga would attest that he was an amiable fellow and a consummate Bar man who gave his all to the Bar and the legal profession. The news of his death has been devastating not only for the leadership and members of the NBA, but also for his wife, three kids and other family members whom he left behind.

The NBA is currently liaising with his family regarding his funeral plans and will keep our members apprised of developments. In the interim, we urge our members to pray for the repose his soul and allow members of his family time to gradually heal from this irreparable loss.

May the soul of our dear friend and colleague, Ogaga Emoghwanre rest in perfect peace.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

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TCCP SET TO HOLD GROUND-BREAKING NBA-AGC

Preparations are in top gear for the 62nd Nigerian Bar Association Annual General Conference (NBAAGC) themed “Bold Transitions”. In a matter of days, lawyers from all corners of Nigeria will converge on the audacious Eko Atlantic City in Lagos for the annual conference that has over the years been known to be the largest gathering of lawyers anywhere in the world.

As the August 19th date for the commencement of the conference draws close, and with the Technical Committee on Conference Planning (TCCP) having unveiled the various conference activities, indications are emerging that the Olumide Akpata-led NBA administration is on course to deliver a legacy conference that sets a standard that will become a benchmark for subsequent NBA conferences.

Tobenna Erojikwe, the TCCP Chairman, had earlier said the core objective of the NBAAGC 2022 is “to host a world-class conference, with in-depth discourse on critical issues affecting the legal profession and the country, facilitated by the most eminently qualified resource persons able to galvanize all conference attendees towards the path of becoming better legal practitioners and experts in their chosen fields; shape public opinion on critical issues; and inspire lawyers to build the law firms of the future”.

So far, the activities lined up for the 2022 Annual General Conference are generating a high level of interest and enthusiasm among lawyers. One exciting event for many lawyers who have registered for the conference is the Presidential Candidates’ session, where the candidates of the major political parties in the 2023 presidential elections are expected to speak on “Democratic Transitions in 21st Century Nigeria: 2023 and Beyond”. Already, the TCCP has confirmed that two of the four leading candidates, Atiku Abubakar of the People’s Democratic Party (PDP) and Peter Obi of Labour Party (LP), have 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) are yet to confirm their availability.

Underscoring the importance of the Presidential Candidates’ plenary, a first in the history of the NBA AGC, the TCCP said it would present an opportunity to critically assess Nigeria’s democratic journey since 1999, identify key challenges which have perennially bedeviled the polity, and evaluate sustainable solutions to these challenges. The session will also aim at encouraging greater citizen participation in the governance of Nigeria with lawyers playing a leading role.

“With the poor state of our economy, mounting insecurity, comatose education system, decaying infrastructure, persistent inter-ethnic crises and general high cost of living, the 2023 elections may be a watershed moment for Nigeria. This session will provide a platform for the key presidential candidates in the 2023 elections to give insights on their respective roadmaps for addressing Nigeria’s key challenges and leading Nigeria’s next democratic transition,” Erojikwe said.

Many prospective participants are also looking forward to the Keynote Speech by Chimamanda Ngozi Adichie, author of Purple Hibiscus, Half of a Yellow Sun, Americanah, and several other works. The multiple award-winning author who has delivered two landmark TED talks – her 2009 TED Talk “The Danger of A Single Story” and her 2012 TEDx Euston Talk “We Should All Be Feminists” – will be speaking at the opening ceremony of the conference.

For some others, the attraction comes from the topics lined up for discussion at the sessions. These include, among others, “AfCFTA: Nigerian Lawyers’ Capacity to Service a Globalized Economy”; “Building a Respectable Bar: Issues Arising on the Regulation of the Legal Profession in Nigeria”; “The Fit for Purpose Lawyer: Reflections on the State of Legal Education in Nigeria”; “Legal Ethics and Etiquettes: Restoring the Dignity of the Legal Profession in Nigeria”; “Lawyers’ Earning Capacity: A Discussion on the NBA Remuneration Committee Report”; “Technology and the Law: Creating a Digital NBA”; and “Spotlight on Brutality, Abuse of Office and Harassment of Lawyers by Security Agencies”.

The Meta session, where Meta, owners of Facebook, Instagram and WhatsApp, will lead the conversation on the topic “Towards an Effective Privacy and Data Protection Regime: The Role of the Nigerian Lawyer”, is also another attraction. Of course, many see the Meta collaboration with NBA, for a conference themed “Bold Transitions”, as significant. Meta, one of the world’s most valuable companies which is considered among the Big Five American information technology companies, builds technologies that help people connect, find communities, and grow businesses. Its Facebook, launched in 2004, heralded a bold transition as it changed the way people connect, while apps like Messenger, Instagram and WhatsApp further empowered billions around the world.

NBA branches as well as football lovers are looking forward to the NBA-AGC Male and Female Football Competitions slated to hold between Thursday, 18th August and Tuesday, 23rd August 2022. The football competitions will see the winning team for both the male and female matches cart away a prize of not less than N500,000.

Among young lawyers, their excitement is built around the many activities lined up for them. For instance, there is the Young Lawyers’ Forum (Job Fair), where senior and vastly experienced legal professionals will provide insights and share their career experiences with young lawyers. The session, which is in tandem with a cardinal focus of the present NBA administration to improve the welfare, and career development, of young lawyers, will also identify diverse opportunities for young lawyers within the legal profession and explore practical tips and strategies for sustainable career growth and development.

But that is not all. There is the AGC Creative Talents Show, which seeks to support local talents among lawyers in Nigeria and give them a platform to showcase their talent at the forthcoming Annual General Conference. The AGC Creative Talents Show, with iLLBLISS, Nigerian rapper, businessman and owner of ‘The Goretti Company’, as its Creative Director, is seen as one capable of launching talented young lawyers into a successful career in the creative industry.

Young lawyers also have a chance to get a sponsored place at the AGC if they emerge victorious in a pitch contest where they are expected to express their understanding of the 2022 theme ‘Bold Transitions’ in a 250-word script accompanied with a video of their voicing these expressions.

But there are many other exciting sessions. The session on “Financing Your Practice and the NBA Access to Finance Scheme” will seek to create awareness and enlightenment on how the NBA Access to Finance Scheme, one of the most impactful initiatives and welfare agenda of the current NBA administration, operates and also provide practical tips and guidance to lawyers on managing their finances.

There is the Health and Wellbeing session, which will provide tips on how lawyers can achieve a decent work-life balance notwithstanding busy schedules and the demands of their jobs. The session will also examine habits which lawyers ought to inculcate and maintain to stay fit and healthy while on and off work, as well as provide useful tips and advice on how lawyers may deal with, or seek help for, depression and mental health challenges.

There is a session dedicated to lawyers with disabilities. This session will x-ray the peculiar challenges faced by lawyers with disabilities both in practice and as members of NBA, and proffer practical solutions towards achieving inclusiveness and equality.
And there is the attraction of the host city itself. Without a doubt, Lagos is the epicentre of Nigeria’s thriving technology sector, the country’s economic capital and the lifeblood of its civil society. But the attraction goes beyond Lagos itself. Eko Atlantic City, the venue of the conference, is a classic story of bold, innovative thinking. One of the world’s cutting-edge new cities, Eko Atlantic City stands on 10 million square metres of land reclaimed from the Atlantic Ocean and protected by the Great Wall of Lagos, an 8.5km-long sea wall constructed primarily of rock and faced with concrete accropode armour. The city, which is being developed to be self-sufficient and sustainable to meet the needs for financial, commercial, residential and tourist accommodations with infrastructure in line with modern and environmental standards, has been variously described as the new economic capital of Africa and Africa’s Manhattan, because it is planned to be the size of Manhattan’s skyscraper district.

To cushion the effect of rising cost, the TCCP went into an arrangement with NACO Logistics to ensure that delegates attending the 2022 NBA Annual General Conference get hotel accommodations at discounted rates.

With a few days to go, the TCCP, composed of a fine selection of some of the best minds within the NBA, is leaving no one in doubt that it is capable of meeting the target set for it by the present NBA administration – to organise a conference akin in quality of content and ambience to the World Economic Forum, the International Bar Association Conference and African Development Bank’s (AfDB) Conferences.

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‘WE ARE NOT PROBING NJC SCRIBE,’ SAYS BODY OF BENCHERS

The Body of Benchers (BoB) has stated that it is not investigating the Secretary of the National Judicial Council (NJC), Mr. Ahmed Gambo Saleh for alleged payment to a contractor.

Citing a CITY LAWYER report on the issue, the BoB stated that “at no point did the Body of Benchers cause an investigation to be carried out against the Secretary of the National Judicial Council as reported,” adding that “Indeed the Body of Benchers does not have the jurisdiction to carry out such an investigation.”

In a statement made available to CITY LAWYER and signed by its Secretary, Mr. Daniel Tela, the apex regulator of the legal profession added that “the statement to the effect that the Body of Benchers will, at its meeting slated for 29th September, 2022 discuss the report of a Committee on the subject is unfounded and incorrect.”

The full text of the statement reads:

RE: BODY OF BENCHERS PROBE NJC SCRIBE OVER N800M PAYMENT

The attention of the Body of Benchers has been drawn to an online publication by the CITY LAWYER alleging that the Body of Benchers is investigating the Secretary of the National Judicial Council, Ahmed Gambo Saleh, Esq on payments made to a Contractor.

Consequently, I am directed to make necessary clarification to the effect that at no point did the Body of Benchers cause an investigation to be carried out against the Secretary of the National Judicial Council as reported. Indeed the Body of Benchers does not have the jurisdiction to carry out such an investigation.

Furthermore, the statement to the effect that the Body of Benchers will, at its meeting slated for 29th September, 2022 discuss the report of a Committee on the subject is unfounded and incorrect.

Thank you.

Signed:

Daniel M. Tela
Secretary, Body of Benchers

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HOW AKPATA’S TOP AIDE, OGAGA EMOGHWANRE DIED

Details have emerged on how Mr. Ogaga Emoghwanre, the Special Assistant to the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata died today in Warri, Delta State.

Multiple sources told CITY LAWYER that the erstwhile candidate for the position of NBA Publicity Secretary passed away today in Warri while attending a two-day workshop titled, ‘The Role of the Nigeria Police in the Implementation of the Administration of Criminal Justice Act, 2015 and Compliance with Principles of Human Rights in Law Enforcement.’ The workshop was organised by NBA in collaboration with MacArthur Foundation.

CITY LAWYER gathered that the charismatic Bar-man and incumbent NBA Benin Branch Publicity Secretary suddenly took ill and collapsed yesterday during the workshop. He was rushed to a top-notch hospital in Warri where he was placed on oxygen.

There were strong indications that he remained in that condition for about 24 hours while colleagues hoped that he would come through the bend soonest. He however passed away today.

A source at NBA Benin Branch told CITY LAWYER that the deceased had a similar challenge about a week ago while participating in a friendly match between the Branch and a local team, adding that he had to be substituted when he “nearly collapsed” and was advised to take a rest.

Ogaga, as he was fondly called, polled 15,369 votes in the last NBA Elections, 2,281 votes less than the 17,650 votes polled by his opponent, Mr. Habeeb Akorede Lawal who was declared winner of the election for the position of NBA Publicity Secretary.

He is survived by his wife and three children.

There are strong indications that his death has thrown the NBA Presidency into deep mourning, even as Akpata did not immediately respond to CITY LAWYER enquiries on his passing. A top Akpata aide told CITY LAWYER that he had to cancel all engagements since receiving the news, adding that “I am still in shock.”

Speakers at the ACJA workshop included Akpata; Hon. Justice Anthony Olotu Akpovi of Warri Criminal Division of Delta State Judiciary; Mr. Saka Azimazi, former Deputy Director, Legal and Investigation, National Human Rights Commission; Mr. Idris Bawa, a security expert, as well as Chief Victor Otomiewo, former Delta State Attorney-General & Commissioner for Justice, among others.

A communique issued today at the end of the workshop expressed concern about “the slow pace of Criminal trials resulting in the high number of awaiting trial inmates in the correctional centers,” adding that “The consequences of this loss of confidence in the system include resort to jungle justice and self-help.”

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‘I HAVE NOTHING TO DO WITH BENCHERS’ BUILDING PROJECT,’ SAYS NJC SCRIBE

The Secretary of the National Judicial Council (NJC), Mr. Ahmed Gambo Saleh has told CITY LAWYER that he has no connection whatsoever with the building of the recently commissioned national headquarters of the Body of Benchers (BoB).

CITY LAWYER had reported that a three-man panel was set up by the Body of Benchers to probe the allegation by former Court of Appeal President and Member of the BoB Building Committee, Hon. Justice Umaru Abdullahi concerning payment of N800 million to Boygues (now BGL Nigeria Limited) without following due process.

In a telephone conversation with CITY LAWYER, Saleh stated that he was not under any probe, adding that “I have absolutely nothing to do with the (Body of Benchers) project.”

Saleh stated that the NJC only made disbursement to the Body of Benchers in line with its approved budget by the National Assembly, adding that while the project was initially billed to cost N13 billion, it was pruned down through due diligence.

He noted that every court and judicial body prepares and defends its budget at the National Assembly, adding that “the project had its own personnel. I do not disburse money on projects. I am not a part of the project. I did not administer the project. I only disburse funds to courts and judicial bodies based on budgets approved by the National Assembly.”

In a veiled confirmation of the probe, Saleh told CITY LAWYER that a report on the investigation had been submitted to the Body of Benchers in plenary, adding that he was not indicted by the report.

He said that his travails were being orchestrated by a “sponsor.” He warned CITY LAWYER to either retract the report and apologise “or I will report you to LPDC or EFCC.” The apparently angry NJC scribe also said that he would not hesitate to explore a legal action in the matter.

Though the Secretary of Body of Benchers, Mr. Daniel Manasseh Tela said that he would get back to CITY LAWYER “with the facts” of the matter, a source who was at the BoB meeting told CITY LAWYER that the probe report generated serious controversy during deliberation in plenary, “especially as it related to conflict of interest regarding a member of the probe panel.”

CITY LAWYER gathered that the report determined that there was no case of culpability against any official, and was eventually adopted by the general meeting.

CITY LAWYER had reported that the Body of Benchers had on February 24, 2022 set up an investigative committee headed by Senator Mike Ajegbo SAN to investigate the disbursement of the N800 million. Other members of the probe panel are former Chief Judge of FCT High Court and current Chairman of the Legal Practitioners Disciplinary Committee (LPDC), Justice Ishaq Bello and Mr. Adeniji Kazeem SAN.

Saleh joined the Supreme Court in 2008 as a Special Assistant to the Chief Justice of Nigeria. Between 2010 and 2014, he was the Deputy Chief Registrar (Litigation Department). He was elevated to the position of Chief Registrar in 2014, until July 1, 2017 when he was appointed Secretary of the National Judicial Council.

He was recently accused of involvement in a N10 billion “bribe and federal racketeering” allegedly being investigated by the Economic and Financial Crimes Commission (EFCC). The report was promptly dismissed by NJC spokesman, Mr. Soji Oye who stated that the allegation was aimed to “smear the good image of Ahmed Gambo Saleh at all cost.”

According to Oye, “It is imperative for the members of the public to be aware that before his emergence as the secretary of the NJC, some forces who tried to scuttle his appointment as the secretary of the council have re-emerged with antics aimed at tarnishing his image and bringing his good name to disrepute.”

He said that “It is on record that these forces, in a bid to stop his emergence as the NJC Secretary after the interview to consider his appointment, came up with false allegations in the media alleging that he had diverted N2.2 billion from the Supreme Court from 2009 to 2016 on the day the council meeting was to hold.”

The NJC also dismissed the charges filed against Saleh by the Federal Government in November 2016, saying the case was withdrawn by the Attorney-General of the Federation because “the charges could not be substantiated”. It added that “It should be noted that there has never been a time when Mr. Saleh admitted committing any crime before anybody or law court.”

The NJC stated that “The sponsors of these malicious allegations believe they own the Judiciary and nobody can become anything within the Judiciary without their approval.

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EXCLUSIVE: BENCHERS PROBE NJC SCRIBE OVER N800M PAYMENT

The Body of Benchers (BoB) has set up a three-member committee to investigate the payment of about N800 million to a contractor by the Secretary of the National Judicial Council (NJC), Mr. Ahmed Gambo Saleh, CITY LAWYER can authoritatively report.

Impeccable sources told CITY LAWYER that the probe was as a result of an “alarm” raised by former Court of Appeal President and Member of the BoB Building Committee, Hon. Justice Umaru Abdullahi concerning payment of the money to the contractor “without following due process.”

One of the sources told CITY LAWYER that the former Court of Appeal helmsman has a “prominent role in monitoring and payments.” The Building Committee is chaired by Mrs. Hairat Balogun, unanimously elected the first female Chairman of the Body of Benchers in 1998.

Appointed on February 24, 2022, the investigative panel is headed by Senator Mike Ajegbo SAN. Other members are former Chief Judge of FCT High Court and current Chairman of the Legal Practitioners Disciplinary Committee (LPDC), Justice Ishaq Bello and Mr. Adeniji Kazeem SAN.

The payment was made in respect of the Body of Benchers building which was funded by the NJC, with Saleh as the “Accounting Officer,” said the source.

CITY LAWYER gathered that a crisis of confidence may also be rocking the committee as a member of the investigative panel is alleged to be a Director in the beneficiary company.

There are strong indications that the committee’s report will be presented by the committee at the next meeting of the Body of Benchers scheduled for September 29, 2022.

CITY LAWYER was unable to reach the former Supreme Court Chief Registrar for comments, as repeated calls to his verified telephone number returned the message that the telephone was “switched off.” A text message to the telephone number did not receive any response at press time.

Saleh joined the Supreme Court in 2008 as a Special Assistant to the Chief Justice of Nigeria. Between 2010 and 2014, he was the Deputy Chief Registrar (Litigation Department). He was elevated to the position of Chief Registrar in 2014, until July 1, 2017 when he was appointed Secretary of the National Judicial Council.

He was recently accused of involvement in a N10 billion “bribe and federal racketeering” allegedly being investigated by the Economic and Financial Crimes Commission (EFCC). The report was however promptly dismissed by NJC spokesman, Mr. Soji Oye who stated that the allegation was aimed to “smear the good image of Ahmed Gambo Saleh at all cost.”

According to Oye, “It is imperative for the members of the public to be aware that before his emergence as the secretary of the NJC, some forces who tried to scuttle his appointment as the secretary of the council have re-emerged with antics aimed at tarnishing his image and bringing his good name to disrepute.”

He said that “It is on record that these forces, in a bid to stop his emergence as the NJC Secretary after the interview to consider his appointment, came up with false allegations in the media alleging that he had diverted N2.2 billion from the Supreme Court from 2009 to 2016 on the day the council meeting was to hold.”

The NJC also dismissed the charges filed against Saleh by the Federal Government in November 2016, saying the case was withdrawn by the Attorney-General of the Federation because “the charges could not be substantiated”. It added that “It should be noted that there has never been a time when Mr. Saleh admitted committing any crime before anybody or law court.”

The NJC stated that “The sponsors of these malicious allegations believe they own the Judiciary and nobody can become anything within the Judiciary without their approval.

“It is important to reiterate that there is no iota of credibility in the petition as they are not after the truth but are out to smear the good image of Ahmed Gambo Saleh at all cost.”

CITY LAWYER recalls that the Attorney-General and Minister of Justice, Mr. Abubakar Malami (SAN) had, while speaking at a recent Nigerian Bar Association (NBA) Justice Sector Summit in Abuja, taken a swipe at the Judiciary for lack of transparency and accountability, asking why the N104 billion provided for the Judiciary in the 2021 Budget was insufficient. He stated that the Executive was not in a position to answer “because their (judiciary’s) books are not open.”

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FOREMOST LAWYER, PROF. UCHE DIES IN LONDON

A senior lawyer and foremost legal scholar, Professor Uche Uko Uche is dead. He was almost 60 years at the Bar, having been admitted to the English Bar, Gray’s Inn, London in 1963

Uche is touted as perhaps the first Black lecturer at the University of London where he rose to the position of Professor of Law. He was also a visiting lecturer at the Nigerian Institute of International Affairs (NIIA).

CITY LAWYER gathered from unimpeachable sources that Uche died in London where he had gone for medical treatment some weeks ago.

Born on November 9, 1934 in Ohafia, Abia State, the senior lawyer had his early education at Aggrey Memorial College, Arochukwu between 1948 and 1952 before gaining admission to Teachers’ Training College, Uyo (1954-1955). He proceeded to the University of Ghana, Accra (1958-1961) and was subsequently admitted to the University of Oxford, England for his Master of Laws and PhD degrees (1962-1965).

He was engaged in private legal practice at Messrs A. K. Uche Chambers, Aba between 1965 and 1966. He returned to England and became a Lecturer in African Law at the School of Oriental and African Studies (SOAS), University of London between 1965 and 1976.

A Queen’s Counsel at Messrs Dingle Foot and Desmond Ackner between 1967 and 1972, Uche was appointed Professor of Public Law at the University of Nairobi, Kenya. He became a Consultant at Waruhiu and Waruhiu in Nairobi, Kenya between 1972 and 1977 and established a partnership with Professor Sundstorm in Nordic Law and a Consultancy with Common Market Practice in Brussels, Stockholm and Geneva between 1973 and 1982.

According to BLERF’S Who is Who in Nigeria, Uche has been the Managing Partner of U. U. Uche and Associates, Lagos since 1978 aside from his role as a Senior Legal Consultant for the United Nations Conference on Trade and Development (UNCTAD). He was the Chairman of the Board of Directors of Centre for African Family Studies, Nairobi, Kenya and a member of the Board of Directors of Development Law and Policy Programme, Centre for Population and Family Health, Columbia University, New York, USA (1981). Uche was also the Chairman of the Board of Directors of African Continental Bank (ACB), Lagos and a member of the British Institute of International and Comparative Law (BIICL).

A prolific text writer and former President of Otu Oka Iwu (Law Society), Uche holds the traditional title of Ugwumba of Isiama, Ohafia, Abia State. His publications include Contractual Obligations in Ghana and Nigeria (Cass, 1971); Law and Population Growth in Kenya (1974); Law and Population Change in Africa (East African Literature Bureau, 1976), and Civil Procedure in Anglophone Africa (East African Publishing Bureau, 1976). His hobbies included lawn tennis and golf.

Speaking on his return to Nigeria, Uche told a national daily that “Before I finished my Masters programme and register for my PhD in the University of London. I was appointed a lecturer at the University teaching law at the School of Oriental and African studies which was one of the five colleges of the University of London.

“As a staff, I got seconded to the University of Nairobi, Kenya as Dean of Law originally for two years and after two years they wanted a second helping for four years and four years, they wanted some more helping for six years but I said no that I have to go back to London.

“I went back to London but the pressure to come back to Nigeria was strong because my uncle who was then the first Vice Chancellor of the University of Lagos told me he was in bad health and that I should come back to Nigeria. I was visiting professor at the Institute of International Affairs for one year and in 1978 started a law practice.”

Uche got married to Gladys Adaibe Nwuke, a former Director of National Library of Nigeria in 1964. They had two sons and three daughters, including Mrs. Ijeoma Onyeator of CHANNELS Television.

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NIGERIAN LAW SCHOOL 2001/2002 CLASS HOLDS REUNION DINNER AUGUST 23

The Nigerian Law School Class of 2001/2002 has announced plans to host a Reunion Dinner to mark its 20 years anniversary.

The dinner will hold on August 23, 2022 at Colonades Marquee, 21 Kingsway Road, Ikoyi, Lagos from 5 pm.

The announcement reads:

It has been 20 years already!!!

Get ready for the 1st Nigerian Law School Class 2001/2002 Reunion Dinner!!!!!

Venue: Colonades Marque Ikoyi, Lagos

Date: Tuesday 23rd August 2022

Time: 5pm.

Dress Code is formal/semi-formal with a touch of gold.

Attendees will be expected to fill out an online Google form and pay a minimum token of N5,000 (not barring larger donations), to enable us confirm attendance, provide quality food and drinks and make it a memorable event.

Payment should be made to Polaris Bank a/c No. 1763529714 – the designated account of one of us Bolanle Olafunmiloye.

If you live outside Nigeria and wish to be part of the event, kindly get in touch via +2348056050532 (on WhatsApp)

Let’s share wonderful memories from the different Law School Campuses.

If you have any, send in old photos of your experiences on our Interactive Telegram platform – https://t.me/+UQ_9LuSdJB5mMWRk

Make it a date!

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OLANIPEKUN: OGUNDE QUITS LAW PRACTICE, VOWS TO ‘RETURN’

Ms. Adekunbi Ogunde, the Partner at Wole Olanipekun & Co at the centre of the controversial email to SAIPEM SPA that has led to a call for Body of Benchers Chairman, Chief Wole Olanipekun SAN to recuse himself from the post, has temporarily quit legal practice over the debacle.

In a Press Release obtained by CITY LAWYER, Ogunde decried the controversies that have trailed her email, adding that “I will take a leave of absence from legal practice and get involved in community and social work pro bono, with a few selected NGOs.”

She stated that she “will also during this time undergo necessary courses to equip myself better in dealing with professional and life issues.”

She however vowed to return to legal practice, saying: “I will return to legal practice after some time, in consultation with my parents, senior colleagues, and well-wishers.”

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

Below is the full text of the Press Release.

MY EMAIL CORRESPONDENCE OF 20TH JUNE 2022 AND SUBSEQUENT EVENTS

The email I sent to SAIPEM on 20th June 2022 has, for several weeks, become the subject of discussion, debate, and diatribe among lawyers and the general public on various social media platforms. My public statement issued on 27th June 2022, which was aimed at expressing remorse for the anguish the said email caused to Ajumogobia & Okeke, my Firm, Wole Olanipekun & Co., and my parents and also to debunk the wrong conclusions drawn by many lawyers that the partners and/or associates at the firm knew about or consented to the content or delivery of my email did not also achieve the purpose in the opinion of some people.

Since I issued that public statement, I have read on social media a complaint filed against me at the Legal Practitioners Disciplinary Committee by the First Vice-President of the NBA and the letter written to my Firm’s Founding Partner, Chief Wole Olanipekun SAN, OFR that he should recuse himself from his position as the Chairman of the Body of Benchers.

I cannot deny the fact that I am at the centre of every main or collateral issue that has arisen out of the said email. It may appear as if neither Wole Olanipekun & Co nor me has taken any concrete step to ameliorate the effect of the email by way of discipline, education, reform, and rehabilitation concerning me. I wish to state that the firm took such steps but did not believe that its actions should be for the attention of the media.

Unfortunately, the matter has now become rather complicated and has not only affected me psychologically but also Wole Olanipekun & Co and my family. It has bred bad blood and, to my great pain, thoroughly embarrassed our Firm’s Founder, the innocent and dignified Chief Wole Olanipekun SAN, OFR, and as well as the Firm.

As the one through whom all these have arisen, I have consulted with my family and the Firm and after a deep and thorough examination of all the facets of this hydra-headed problem, I have decided to take the following steps:

1. I will take a leave of absence from legal practice and get involved in community and social work pro bono, with a few selected NGOs.

2. I will also during this time undergo necessary courses to equip myself better in dealing with professional and life issues.

3. I will return to legal practice after some time, in consultation with my parents, senior colleagues, and well-wishers.

This statement is issued to enable me to move to the next stage of my life. I will no longer be issuing any public statements.

I thank all those who have helped me to pass through this very trying period of my life, particularly my parents, partners, and associates of Wole Olanipekun & Co, my friends, and my parents’ friends.

God bless you all.

Adekunbi Ogunde

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MAIKYAU TO BE SWORN IN, AS GADZAMA BOWS OUT

Chief Joe-Kyari Gadzama SAN has again vowed not to appeal the recently concluded Nigerian Bar Association presidential election notwithstanding the resignation en masse of members of the NBA National Election Appeal Committee (NBA-NEAC).

This clears the way for senior lawyer, Mr. Yakubu Chonoko Maikyau SAN to be sworn in as the next NBA President, having been declared winner of the July 16, 2022 election by the Electoral Committee of the NBA (ECNBA).

In a press release made available to CITY LAWYER, Chief Chukwudi Oli, a close aide of the ranking Bar Leader, said that “The NBA-NEAC instant resignation is now of no moment and whatever bias this belated attempt aims at curing is long spent and overtaken by event since it is well outside 10 days from the announcement of the election results by the ECNBA within which petitions are to be filed before it.”

Signed by Oli, Director-General of J-K CampaignTeam, the statement noted that “the NBA-NEAC, as with all Standing Committees, is constituted by the President of the NBA, subject to ratification by the National Executive Council. Therefore, a reconstituted NBA-NEAC will no doubt still require the ratification of NEC to lawfully function.”

According to Oli, “If anything, the instant resignation buttresses premeditated and predetermined objectives; for how best can it be explained that the instant resignation is coming well outside of the time limit the NBA-NEAC had itself stipulated in para 3.2 of its “GUIDELINES FOR HEARING AND DETERMINING COMPLAINT(S) FROM CANDIDATES IN THE 2022 NBA NATIONAL ELECTIONS.””

Titled “RE: RESIGNATION OF MEMBERS OF THE NBA NATIONAL ELECTIONS APPEAL COMMITTEE,” the Campaign Team chided the NBA-NEAC members for claiming that the earlier letter to NBA President, Mr. Olumide Akpata was penned by Gadzama, saying that “in the present instance and for clarity, the referenced letter of July 26, 2022, was even neither signed nor circulated by Chief Joe-Kyari Gadzama SAN on social media as alleged by the NBA-NEAC.

It also berated the NBA-NEAC members for the tone of their joint resignation letter, saying that “as legal practitioners and conscionable persons, we understand the virtue of being temperate in language and making variable assertions; and therefore make bold to say that expressing reservations about a process, especially in view of the manifest likelihood of bias, cannot and should not be misread as ‘unfortunate, and undeserving’ or ‘most uncharitable’, as was erroneously averred by the NBA-NEAC.”

The Campaign Team stated that “Considering that the notice of the constitution of the National Elections Appeal Committee for the NBA National Election was released on May 21, 2022, every member of the NBA-NEAC had ample notice to recuse themselves, especially where such member(s) has/have a preference as to candidate(s) in the national elections and have manifestly or tacitly, either by their actions and/or inactions, exhibited such.

“We are ultimately charitable to the truth and our convictions for a better bar. It is in itself most uncharitable to refer to such conviction as uncharitable.”

Below is the full text of the statement.

PRESS RELEASE

RE: RESIGNATION OF MEMBERS OF THE NBA NATIONAL ELECTIONS APPEAL COMMITTEE

The letter dated July 30, 2022, from the NBA-National Elections Appeal Committee (NBA- NEAC) to the President of the NBA refers.

In the aforementioned letter, all 9 members of the NBA- NEAC have resigned their membership due to a letter of July 26, 2022, addressed to the NBA President, which the Committee has alleged was purportedly written and circulated on social media by Chief J-K Gadzama, SAN.

The NBA-NEAC also declared that the alleged “mischaracterization” ascribed to some members of the Committee is most “unfortunate, and undeserving”. It further alleged that the comments made by the learned silk in what it called the “globally circulated letter” was “most uncharitable” and thus that its “mass resignation” was due to their “indignation and principled opposition to the uncharitable comments and accusations of Chief J-K Gadzama, SAN”.

To put a method to this, we will be chronological:

1) Firstly, it is well within anyone’s rights to circulate whatever publication of substance they deem fit, in the present instance and for clarity, the referenced letter of July 26, 2022, was even neither signed nor circulated by Chief Joe-Kyari Gadzama SAN on social media as alleged by the NBA-NEAC. The referenced letter of July 26, 2022, was ably signed by Chief C.P Oli, the Director General, J-K Gadzama Campaign Team, and co-signed by Mr. O.E Oluwabiyi, the Admin Officer of the J-K Gadzama Campaign Team, and further addressed to the President of the NBA, with the NBA-NEAC in copy. Words and actions should not be arrogated without recourse to factual stream of events. Posterity is always kind to the truthful.

2) Secondly, as legal practitioners and conscionable persons, we understand the virtue of being temperate in language and making variable assertions; and therefore make bold to say that expressing reservations about a process, especially in view of the manifest likelihood of bias, cannot and should not be misread as “unfortunate, and undeserving” or “most uncharitable”, as was erroneously averred by the NBA-NEAC. We are ultimately charitable to the truth and our convictions for a better bar. It is in itself most uncharitable to refer to such conviction as uncharitable.

3) Considering that the notice of the constitution of the National Elections Appeal Committee for the NBA National Election was released on May 21, 2022, every member of the NBA-NEAC had ample notice to recuse themselves, especially where such member(s) has/have a preference as to candidate(s) in the national elections and have manifestly or tacitly, either by their actions and/or inactions, exhibited such.

4) The NBA-NEAC instant resignation is now of no moment and whatever bias this belated attempt aims at curing is long spent and overtaken by event since it is well outside 10 days from the announcement of the election results by the ECNBA within which petitions are to be filed before it. If anything, the instant resignation buttresses premeditated and predetermined objectives; for how best can it be explained that the instant resignation is coming well outside of the time limit the NBA-NEAC had itself stipulated in para 3.2 of its “GUIDELINES FOR HEARING AND DETERMINING COMPLAINT(S) FROM CANDIDATES IN THE 2022 NBA NATIONAL ELECTIONS.”

5) Furthermore, under S.14 (1) (l) of the NBA Constitution 2015 (as Amended in 2021), the NBA National Election Appeal Committee is listed as a Standing Committee. By S.14 (3) (i) of the said Constitution, the NBA-NEAC, as with all Standing Committees, is constituted by the President of the NBA, subject to ratification by the National Executive Council. Therefore, a reconstituted NBA-NEAC will no doubt still require the ratification of NEC to lawfully function.

6) It is against these serious and all-important backgrounds that we restate our commitment to a better bar is as unwavering as the rock of Gibraltar. It is a job that must be done and rightly so.

Long live the Nigerian Bar Association!

Signed:

Chief C. P. Oli
Director-General
J-K Campaign Team 
01/08/2022

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‘AKPATA’S RECUSAL DEMAND NOT ROOTED IN LAW’

BY TOONI BAMISAYE

It has become imperative that the letter written by Mr. Olumide Akpata requesting that one of his predecessors in office who is also one of the undisputed leading lights of the legal profession, Chief Wole Olanipekun, SAN recuses himself as the chairman of the Body of Benchers (BOB) because of a pending petition against a member of his firm be objectively considered against the backdrop of applicable laws. Olumide Akpata is himself a lawyer and currently president of the NBA, thus imbuing him with responsibility to make representations that align with law in manners that are not easily questionable if not all together untenable.

Olumide Akpata had confidently asserted as the basis of his letter that:
“As you know, LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy”

The letter did not state any law relied upon by the NBA President to inform the conclusion that the processes of the Legal Practitioners Disciplinary Committee (LPDC) come under the supervision of the Chairman of the BOB. Supervisory powers over an adjudicating body like the LPDC is one of law and not conjecture and this must be obvious to the President of the NBA. One would have expected the NBA President to validate his assertion with statutory provisions since he was writing about organizations set up by law and with clearly defined and written statutory documentation regulating their operations. The reason he chose not to do this is easily discernible, and it is because there is no statute that supports his position. Conversely, statute(s) expressly negate(s) his position. It is expected that every lawyer or at least the NBA President is familiar with the Legal Practitioners Act. Section 12 (7) of the Legal Practitioners Act, in respect of punitive directions given by the LPDC, provides:

“The person to whom this section relates may, at any time within 28 days from the date of service on him of notice of the direction, appeal against the direction to the Supreme Court; and the disciplinary committee may appear as respondent to the appeal and…..”

What is clear from the above is that, it is the Supreme Court of Nigeria and not the Chairman of the Body of Benchers that exercises Jurisdiction over the LPDC. It is the Supreme Court that has the authority to review, set aside or affirm the decision of the LPDC. Will the NBA President claim ignorance of this?

The LPDC is a juristic person, just like the Body of Benchers is also a juristic person. Both entities can sue and be sued in court and have, on several occasions been sued in court in their individual names. A claim against the LPDC is not tantamount to a claim against the Body of Benchers and vice versa. Proceedings before the LPDC are regulated by rules made by the Chief Justice of Nigeria, the extant one, being the LPDC Rules, 2020. The rules that relate to the consideration and determination of whether a complaint against a Legal practitioner discloses a case to answer are as reproduced below:
“5.— (1) An Application made in accordance with rule 4 shall initially be considered by a member of the Committee (“the initial committee member”) on the directive of the Chairman for consideration for the question of whether there is a case to answer in respect of the allegations made in the Originating Application.
(2.) If the initial committee member considers that there is a case to answer in respect of any or all the allegations made and is not of the opinion that the question is one of doubt or difficulty then the initial committee member must certify that there is a case to answer.
(3.) If the initial committee member is minded not to certify that there is a case to answer in respect of all or some of the allegations made or is of the opinion that the question is one of doubt or difficulty, the question must be considered by a panel of three members of the Disciplinary Committee. The initial committee member may be a member of the panel. If the panel considers that there is a case to answer in respect of the allegations made, then it must certify that there is a case to answer in respect of those allegations.
(4) If the panel decides that there is no case to answer in respect of any of the allegations made, it may refuse or dismiss the Originating Application, or part of it, without requiring the respondent to answer the allegations and without hearing the applicant must be provided with written reasons explaining the decision.
(5) If a panel or committee member certifies that a case to answer is established in respect of all or any of the allegations made, the Secretary must serve a copy of each of the documents referred to in rule (4),(5) or (6), as the case may be on each respondent.”

No role in any of the above is reserved for the Body of Benchers. Order 7 of the LPDC Rules expressly states the parties to proceedings before the LPDC and the Body of Benchers is conspicuously not listed. It is the LPDC to the exclusion of the BOB that conducts hearing of complaints and by Orders 21 and 22 of the LPDC Rules, it is the LPDC itself that can make a finding of guilty or not guilty.

Furthermore, Order 24 of the LPDC Rules gives the LPDC the power to revoke its own findings in certain circumstances. As lawyers, we know that statutory provisions are interpreted according to the ordinary dictionary meanings of the words in the Statute and that the express mention of a thing in a statute is the exclusion of all other things. See the Supreme Court decisions in the cases Abegunde v. OSHA & Ors. (2015) LPELR – 24588 (SC) 41 and Marwa & Ors. v. Nyako & Ors. (2012) LPELR – 7837 (SC) 172 (cases which coincidentally were handled by the law firm of Wole Olanipekun & Co.). There is no single provision of the Legal Practitioners Act, RPC, or LPDC Rules on substantive hearing of a complaint that reserves any decision-making role for the BOB or its chairman and I challenge the NBA President to state any if it exists.

In the face of all these statutory provisions stating the contrary, on what basis did the President of the umbrella Body of lawyers in Nigeria conclude in his letter that the processes of the LPDC come under the supervision of the Chairman of the BOB? The NBA President went on to state in his letter that:

“As Lord Denning put it “Justice must be rooted in confidence; and confidence is destroyed, when right-minded people go away thinking that the Judge is biased”

The NBA President could not even bother to be detailed or meticulous enough to state the exact case where Lord Denning MR made the postulation. In any event, it was Metropolitan Properties Co (FGC) Ltd v. Lannon (1969) 1 QB 577. As lawyers, one of our basic trainings is to reference cases properly and deploy precedents appropriately in subsequent circumstances. Accordingly, it will be necessary to do a brief recap of the circumstances that made Lord Denning MR to make the comments stated in the NBA President’s letter. In the said case, the respondent, Mr. Lannon (a legal practitioner) was living with his father at a flat in Regency Lodge, Swiss Cottage London and was also helping his father out in a dispute on appropriate rent payable with his Landlord. Other tenants were involved in the dispute, and it was referred to the Rent Assessment Committee where Mr. Lannon sat as the Chairman. The said committee fixed the applicable rent at a ridiculously low rate, that was even lower than the amount proposed to be paid by the tenants. It was on realizing the relationship of Mr. Lannon with the property that the Appellant made a case against his qualification to sit as chairman of the Rent Assessment Committee. Therefore, Mr. Lannon was actual decision maker and Judge. Is Olanipekun a Judge in the same manner as Mr. Lannon when it has been shown statutorily that the BOB and its chairman do not participate in the decision-making process of the LPDC and Olanipekun is not also a member of LPDC?

If anything gives the impression of injustice, it is the request by the NBA president and 1st Vice President to the LPDC for a determination of whether Olanipekun is liable to be disciplined by the LPDC. Imagine the incongruity – the NBA President wants the LPDC to first determine Olanipekun’s liability so that, after a determination of that liability, a complaint will now be made to the same LPDC for a trial to enable the same LPDC formally make a decision in line with its earlier finding on liability. Would the trial not be a circus or dress rehearsal and case of “come and receive your predetermined verdict”. And all these requests are made in a petition where Olanipekun is not a party. What a crass breach of fair hearing.

Any lawyer who paid proper attention at University (Nigerian) and Law School will still recall the celebrated case of Legal Practitioners Disciplinary Committee v. Chief Gani Fawehinmi (1985) LPELR -1776 (SC) where the Supreme Court held that the LPDC populated by the same members who already had a guilty predisposition against the iconic Chief Gani Fawehinmi could not sit to try him for professional misconduct.

I had made my points in this write up with both case law and statute unlike the NBA President’s letter which referred to none. Would it be that the NBA President is not aware of these statutory provisions and case law or he chose to ignore them? Either scenario is unpalatable. The Legal Practitioners Rules of Professional Conduct (RPC) mandate lawyers to be candid and not present positions that are clearly untenable. In fact, Rule 32 (a) requires lawyers to disclose positions of law that are adverse to their case if same is known to them. Can it be said that Akpata’s submission to the general public that the processes of the LPDC are under the supervision of the Chairman of the BOB is candid? I do not think so.

The National Judicial Council (NJC) is the appointor and employer of all Judges in Nigeria; yet litigants sue NJC successfully before courts manned by Judges and Justices who are NJC employees. That is even in more direct relationships and yet, nobody asks Judges to disqualify themselves in these cases; NJC even loses some of these cases and an example is the Court of decision in National Judicial Council v. Hon. Justice P.N.C Agumagu & Ors. (2018) LPELR-25403 (CA) – a case also handled by Chief Wole Olanipekun, SAN. Is Akpata also impugning the characters of the members of the LPDC by stating that they are susceptible to influence? So many questions that beg for answers.

My advice to Olanipekun is that he should remain calm. These times shall pass and he will continue to stand tall and tower. As for me, I pray that I will be like Olanipekun and let those who don’t pray for similar feats like his genuinely pray to God that they will not be like him. These kinds of orchestrated attacks were made against those before him, and this will also fail. What further evidence of orchestration does one need aside that of Akpata himself that his own role in was to write the letter and he has done it but it was the role of others to challenge Olanipekun at the recent BOB meeting as if it is a relay race where batons are being passed. If I may query, why did Akpata write a letter to Olanipekun as sole addressee, and he decided to send it to every single member of the BOB even before a response from Olanipekun? This is aside the fact that he released the letter to the entire world before even delivering same to Olanipekun.

The real addressees of the letter are obvious and its intention palpable, which is to set up a mob against Olanipekun and put him on a slab. All of these will also fail. As for John Aikpokpo-Martins who swore to the affidavit in support of the Petition against Ms. Ogunde, he should please refer to the implication of giving false evidence under Order 17 of the LPDC rules especially as it relates to his inconsistent position on Ms. Ogunde’s ostensible authority from the other Olanipekun partners even when he had stated under oath that both Ms. Ogunde and the firm expressly stated that she had no such authority. He has not brought evidence to show the said ostensible authority and he also knows when ostensible authority can be presumed under the partnership law of Lagos State.

  • Tooni Bamisaye, a legal practitioner, writes from Victoria Island, Lagos.

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INDUSTRIAL COURT PRESIDENT SET TO HOST SPIDEL CONFEREES, DINNER HOLDS FRIDAY

Delegates to the eagerly awaited Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL) Annual Conference will be hosted to tasteful cocktails by the President of the National Industrial Court (NICN), Justice Benedict Kanyip.

The cocktails will hold at the NBA HOUSE on Wednesday, August 3, 2022 as a Welcome Party for delegates to the popular annual intellectual and networking fiesta.

Aside from networking and packed technical sessions which hold on Thursday and Friday, curtains will be drawn on the Annual Conference on Friday with an exquisite and sumptuous Dinner at A Class Event Centre, Maitama, Abuja.

The Acting Chief Justice of Nigeria, Justice Olukayode Ariwoola will declare open the Annual Conference on Thursday, while another Supreme Court jurist, Justice Inyang Okoro will deliver the Keynote Address on the theme, “Undermining judicial authority in democracy: Causes, consequences and solutions.”

Meanwhile, LawPavilion is set to launch a mobile app, JustEase which is a one-stop socio-legal and exciting tool for effective citizen engagement, security intelligence, crime and rights violation tracking, as well as a digital evidence bank for the judiciary.

Speaking on preparations for the Annual Conference, NBA-SPIDEL Chairman, Dr. Monday Ubani said: “We are focused on delivering a best-in-class conference for many delegates who have registered to be a part of this momentous annual event in NBA’s calendar. I must commend the Conference Planning Committee (CPC) for securing the attendance of a most intimidating repertoire of leading activists and speakers that Nigeria can boast of. I can assure you that the Annual Conference will be talked about for a long time to come for its richness in discourses that touch on human rights and development as well as in networking and fun activities.”

A surfeit of A-List speakers have confirmed attendance for the Annual Conference which has caught the interest of justice sector stakeholders since its relaunch in 2019 in Aba while the last edition held at Ibadan to much applause.

The speakers include foremost human rights activist, Mr. Femi Falana SAN; fiery human rights advocate, Chief Mike Ozekhome SAN; NBA President-elect, Mr. Yakubu Maikyau SAN; pioneer NBA-SPIDEL Chairman, Chief Joe-Kyari Gadzama SAN; former Attorney General of the Federation and Minister of Justice, Mr. Kanu Agabi SAN, and Executive Secretary of National Human Rights Commission (NHRC), Mr. Tony Ojukwu SAN.

Other confirmed speakers for the eagerly awaited Annual Conference are the Chief Executive Officer of Nigerian Financial Intelligence Unit (NFIU), Mr. Modibbo Tukur; Lagos State Attorney General & Commissioner for Justice, Mr. Moyosore Onigbanjo SAN; his Abia State counterpart, Mr. Uche Ihediwa SAN; former Jigawa State Attorney General & Commissioner for Justice, Mr. Sani Hussaini Garun-Gabbas SAN, two-time Lagos State Commissioner, Dr. Muiz Banire SAN and former All Progressives Congress National Legal Adviser, Mr. Babatunde Ogala SAN.

Also confirmed to speak at the Annual Conference are the President of the National Industrial Court, Justice Benedict Kanyip; Justice Mabel Taiye Bello of Federal High Court, Owerri Division; Associate Professor & Dean of Faculty of Law, Ave Maria University, Dr. Sam Amadi; Deputy Vice Chancellor of Afe Babalola University and United Nations Independent Expert on Business and Human Rights, Prof. Damilola Olawuyi SAN, and immediate past NBA-SPIDEL Chairman, Prof. Paul Ananaba SAN.

Others are former Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Adedeji Adekunle SAN; former Senior Special Assistant on Justice Sector Reform & General Counsel to Lagos State Governor, Mrs. Oyinkan Badejo-Okusanya; former NBA General Secretary, Mazi Afam Osigwe SAN; pioneer United Nations Special Rapporteur on Summary, Arbitrary and Extrajudicial Executions in Nigeria, Prof. Valerie Azinge SAN, and Secretary of the Independent Investigative Panel (IIP) on Human Rights Violation by Defunct Special Anti-Robbery Squad (SARS) and Other Specialized Units, Mr. Hilary Ogbonna.

NBA 1st Vice President and IIP Member, Mr. John Aikpokpo-Martins; Executive Director of Gender Awareness Trust (GAT) and IIP Member, Dr. Lydia Umar and the Chief Executive of Law Pavilion, Mr. Ope Olugasa have also confirmed attendance at the annual conference.

Aside from speeches from NBA President, Mr. Olumide Akpata and NBA-SPIDEL Chairman, Dr. Monday Ubani, Goodwill Messages will also be received from UNICEF Chief Child Protection Officer, Ibrahim Sesay and National Programme Manager, British Council’s Rule of Law and Anti-Corruption Programme (RoLAC), Mr. Danladi Plang.

Among the topics to be dissected by the array of confirmed speakers are “Disobedience to court order and the slide to state of anarchy;” “Strengthening judicial authority in a democracy through effective and sustainable strategies;” “The impediments to seamless execution of court orders in Nigeria: Any way out?;” “A disruptive approach to public safety and access to justice using technology,” and “Independent Investigative Panel (IIP) on Human Rights Violation by defunct Special Anti-Robbery Squad (SARS) and other specialized units: The process, enforcement of the panel’s decisions/rulings, challenges, achievements and lessons learnt.”

The facilitators for the sessions are Executive Director of PRAWA and Co-Chair of the NBA-SPIDEL Development Law Group, Dr. Uju Agomoh; NBA-SPIDEL Council Member, Mr. Emeka Nwadioke and NBA-SPIDEL Publicity Secretary, Mr. Godfrey Echeho while NBA-SPIDEL Secretary and Local Organising Committee Chair, Dr. Princess Frank-Chukwuani will deliver the vote of thanks.

The conference is laced with lunches, closing dinner and networking opportunities. To register for the annual conference, please visit www.nbaspidel.ng or www.nbaspidel.ng/nba-spidel-conference-2022. For enquiries, call 08034461082, 08063088182 or email info@nigerianbar.org.ng.

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VOX POPULI FOUNDATION LIFTS KEFFI PRISON WITH GIFTS

Director-General, Vox Populi Foundation Leads Members of the Foundation to Donate Towards the Improvement of the Keffi Correctional Centre, Nasarawa State

On Wednesday, July 27, 2022, Chief C.P Oli, the Director-General of Vox Populi Foundation, in the company of other distinguished members and representatives of the President of the Vox Populi Foundation, Chief Joe-Kyari Gadzama SAN, visited the Keffi Correctional Centre, Nasarawa State.

The Vox Populi Foundation is primarily geared towards advocating for good governance and making a positive impact on society and by way of contributing their quota to society, the DG and other members present at the correctional center interacted with the Officer in Charge and the Welfare Officer of the correctional centre.

The Director General of the foundation commended the laudable efforts of the officers of the correctional center who have been working ceaselessly to ensure that inmates are able to access education. He noted the essence of public-private partnership in the society and stated further that the primary aim of the visit was to render assistance to the correctional center by sponsoring those inmates who are set to take the upcoming examinations of the National Business and Technical Examinations Board (NABTEB). In addition, Chief Oli stated that the foundation shall also offset the fines of two inmates who are unable to afford their freedom.

The Officer in Charge of the Correctional Center, Mr. Simon Raphael Kaigama pronounced encomiums on the DG and the other members of the foundation, including Chief Joe-Kyari Gadzama, for their support and contribution to the correctional center. He informed all present that education is a form of rehabilitation and as a firm believer in this, efforts have been taken to ensure that several inmates are currently enrolled in the National Open University to pursue their first degree, Masters and even, Ph.D in their various areas of interest. The inmates whose fines were paid were presented to the DG and other members of the foundation. Both of them expressed their heartfelt gratitude to the foundation.

Thereafter, the Director-General of the foundation presented the token for the inmates and the correctional center from the foundation to the Officer in Charge of the facility. He also assured the facility that steps are presently in motion to render pro-bono services to inmates in order to decongest the facility. Members who were present include: Love Chukwumerije, Hillary A. Ojeke, Nafisat Abisola Ibrahim, Hajara Sorondinki, Precious Ulasi, Magai Magaji, Farida Lanre-Ipinmisho, Ebube Okpogu, Promise Godwin, Elizabeth Ibrahim Auta, Cynthia Igwedibia, and a host of other eminent personalities, who collectively represented the President, Vox Populi Foundation, Chief Joe-Kyari Gadzama, SAN.

Indeed, it was an excellent outing as service to mankind is service to life.

Signed:

Hassan Sherif
Publicity Secretary
Vox Populi Foundation

 

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NBA-AGC SOCCER: ‘WHY WE FIXED DIFFERENT PRIZES FOR MALE, FEMALE COMPETITIONS,’ BY TCCP

The Technical Committee on Conference Planning (TCCP) for the 2022 Nigerian Bar Association (NBA) Annual General Conference has clarified the difference in the prize winnings for the male and female NBA inter-branch football competitions slated to hold between Thursday, 18th August and Tuesday, 23rd August 2022.

The TCCP said the clarification became necessary following the debate raging amongst lawyers, especially on social media, over the difference in the prizes for the victorious teams.

The TCCP had, in an earlier notice, announced N500,000 as the winning prize for the inter-branch male football competition and N200,000 for the female football competition.

This has, however, generated some tension among lawyers some of whom viewed it as discriminatory.

But offering explanation for the difference, the TCCP said the fixing of the prize winnings was dictated by prudence and realistic expectations as the sports events at the AGC were structured to fund themselves.

In a statement issued on Thursday and signed by Tobenna Erojikwe, its Chairman, the TCCP explained that the male football competition is viewed as totally distinct from the female football competition with completely different consideration, having been around for many years. On the other hand, the female football competition is being introduced for the very first time in the AGC to promote inclusiveness and expand the scope of activities at the AGC, the TCCP said.

“In providing sports activities as part of the AGC, the TCCP exercises prudence in the management of funds as such sports, if not fully funded by itself or sponsored by third parties, have to be subsidised by the NBA,” Erojikwe said in the statement with the subject”Prizes for NBA Inter-branch Female Football Competition”.

“The male football competition has been a regular feature of the NBA over the years and so it is much easier to project income derivable from the competition. For instance, last year, a total of 16 male football teams registered for the male football competition with N1,600,000 received as registration fees,” he said.

The TCCP Chairman said considering the novelty of the female football competition, it was difficult to project the amount that could be generated from it.

Therefore, in order to arrive at an informed view of the prize for the winner of the female football competition, the TCCP carried out an inquiry to determine the number of existing female football teams in the branches of the NBA.

“Our research suggested that there were only two established NBA female football teams in the country, and this informed the decision regarding the amount stated as prize for the competition,” he said.

Erojikwe said the only way the prize winnings for the female football competition could be increased was to raise the registration fees payable by branches, which the TCCP does not consider a feasible option at this time.

“The above considerations led to the decision to fix the above referenced prize winnings for the different competitions. We also deem it necessary to add that the decision to introduce female football as part of the sports events at the AGC is an important development which the TCCP is committed to having entrenched at future AGCs,” he said.

He, however, assured that the TCCP was actively seeking sponsorship for the female football competition and would raise the prize winning as soon as such sponsorship materialised. He pledged that the TCCP would dedicate every amount received as sponsorship and registration fee for the female football competition to the prize money.

“We hope that the above explanation provides context and clarification regarding the subject. We would please ask that the level of interest that has been shown regarding the female football is sustained through the conference and that we make it a competition that we can all look forward to every year,” Erojikwe said.

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