• ASKS POLICE TO NAME KILLERS OF GAFARU
• AUTOPSY REPORT ON BOLANLE EXPECTED TODAY
• GETS FAMILIES’ CONSENT TO SUE FOR COMPENSATION

ASP Drambi Vandi, the alleged killer of Lagos lawyer Omobolanle Raheem, has been arraigned at a Yaba Magistrate Court and remanded in Ikoyi Correctional Centre.

CITY LAWYER recalls that Vandi allegedly shot and killed Raheem on Christmas Day while returning from Christmas church service and outing with her family.

CITY LAWYER had in an exclusive report quoted a former Director in the Ministry of Justice, Mr. Nevkaa Richard Chenge as linking Vandi to the killing of a Nigeria Customs Service officer at a check-point in the mid-1990s. The Nigeria Police Force is yet to comment on the allegation.

According to a CHANNELS TV report, the Lagos State Attorney-General, Moyosore Onigbanjo, SAN, today filed a one-count charge against Vandi for the murder of Raheem.

The charge reads: “That you ASP Drambi Vandi on the 25th day of December 2022, at Ajah Road, along the Lekki Expressway, Lagos, unlawfully killed one Omobolanle Raheem by shooting the deceased in the chest contrary to Section 223 of the Criminal Law of Lagos State 2015.

“With the charge, the Attorney General, who appeared before the Chief Magistrate Court, Yaba, applied for the remand of the defendant pursuant to Section 264 of the Administration of Criminal Justice Law of Lagos, 2015.

“He told Chief Magistrate, Miss Adeola Olatunbosun that the basis for the remand is to allow the police conclude its investigations into the matter.

“The magistrate granted the request to remand the defendant at the Ikoyi Correctional Centre and ordered that the case file be duplicated and sent to the Director of Public Prosecution, Dr. Jide Martins for legal advice.”

The court has adjourned the case to January 30, 2023 to await legal advice.

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A former Director in the Federal Ministry of Justice has told CITY LAWYER that he is almost certain that ASP Drambi Vandi who killed Lagos lawyer Omobolanle Raheem and her unborn twins on Christmas Day was the same officer who killed a Nigeria Customs officer at a checkpoint in Niger State in the mid-1990s. Vandi joined the Nigeria Police Force around 1989.

In this no-holds-barred interview with CITY LAWYER from his current base in the United States, Chenge who retired meritoriously from service seven years ago, said that some powerful forces in the Nigerian Police Force frustrated his effort to bring Vandi to justice.

TELL US A LITTLE ABOUT YOURSELF
My name is Nevkaa Richard Chenge. I worked as State Counsel in the Federal Ministry of Justice from 1993 to 2015 when I retired normally at age 60 as a full Director. From 1993 to 1997, I was posted as Assistant Legal Adviser to the (Nigeria) Customs headquarters in Abuja.

HOW DID YOU FEEL WHEN YOU HEARD ABOUT THE KILLING OF A LAWYER ON CHRISTMAS DAY BY A POLICE OFFICER?
I was very grieved when I learnt a police officer exhibited hooliganism to kill a lawyer in Lagos.

WHAT STRUCK YOU ABOUT THE NEWS REPORT?
What struck me first was the name Drambi VANDI. This is because in about 1995/96 I was detailed by the Legal Adviser Nigeria Customs Service to whom I was Deputy to proceed to Minna, Niger State to take up and prosecute a police officer in Minna by name Zara VANDI who at a Customs check-point in Niger State gunned down without any justification a Customs officer who was on duty at the check-point.

When I arrived in Minna the Customs Controller, Niger State detailed a vehicle that took me to the Police headquarters. The police commissioner sent the IPO who gave me the duplicate case file to study. He brought the suspect to me. His defence was that he thought the Customs men at the check-point were armed robbers. My plan was to obtain a fiat from the State AG to prosecute, since murder is a State offence.

After some time, the police became uncooperative. I could no longer see the IPO not to talk of the witnesses I intended to interview. I therefore asked the police to send the duplicate case file to the State AG while I watch brief for Customs. For a long time nothing happened till I left Customs for another Agency. I was frustrated in my purpose of prosecuting the suspect by the police.

TELL US THE CIRCUMSTANCES SURROUNDING THE SHOOTING
He was a constable at that time and he was in a vehicle coming to Minna. When they arrived at a Customs check-point, he simply got down and shot dead one of the customs officers on duty and calmly walked back and his vehicle drove off. He later claimed in his defence that he thought they were armed robbers. How could there be two different Vandis doing a similar thing. Someone is going to frustrate linking him to his former deeds.

ARE YOU AWARE THAT THE NAMES OF THE SUSPECTS ARE DIFFERENT?
Since the suspect who killed the lawyer is said to be 33 years in Police service, I strongly suspect he is the same person operating with a different first name.

Let us find out if he ever worked in Niger State in the mid-90s. If he did, he must be the one. You know police. They may not have ever sent the file to the State AG or they sent a deliberately watered-down file. In such a case, the AG will have no choice but to advise no prosecution, and that becomes their shield.

DOES THE SUSPECT HAVE ANY RESEMBLANCE WITH THE SUSPECT IN THE INSTANT CASE?
I saw the suspect in Minna. It is a very long time now but the suspect I saw on the net could be the same suspect, with the police aiding him to cover his tracks under a different first name. He must have escaped from the case in Minna by some crooked means, assisted by the police.

IN THE CIRCUMSTANCES, WHAT DO YOU RECOMMEND?
I am now a Pastor in the House of the Lord but I do not claim to be a prophet. But I can bet all of you that the suspect, if he is the same person, is going to put up the same defence that he thought the lawyer and his wife were armed robbers – similar facts evidence of a man doing the same thing again and again in a peculiar manner.

I therefore would recommend investigation at the Customs headquarters and Police headquarters in Minna what became of the case of Zara Vandi and whether at any time this so-called Drambi Vandi worked in Niger State in his career.

I now live in America with my wife and children and will not rest on my oars until justice is done.

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It has emerged that the trigger-happy policeman who shot deceased lawyer Bolanle Raheem on Christmas Day may have committed triple murders, as the husband of the deceased said that his wife was pregnant with twins when she was shot dead.

Narrating his ordeal during a visit by a delegation of Nigerian Bar Association (NBA), Ikeja Branch, Mr. Gbenga Raheem stated that the couple were expecting twins, as his wife was four months pregnant.

According to a report from the visit by Mr. Issa Adedokun, the Secretary of NBA Ikeja Branch, “During the visit, Mr. Gbenga Raheem, husband of the deceased narrated how his darling wife was shot by a police officer from Ajiwe police station, Ajah on their way back from a family Christmas outing. The most unpleasant part of the story is that our late colleague was four month pregnant with a set of twins.”

Below is the full text of the report.

UPDATE ON NBA IKEJA BRANCH VISIT TO THE FAMILY OF MRS. OMOBOLANLE RAHEEM AND COMMISSIONER OF POLICE OFFICE

Distinguished colleagues,

We write Further to our press release of yesterday which condemned the killing of our late colleague by a police officer. The Branch Executive Committee paid a condolence visit to the residence of late Mrs Omobolanle Raheem ably led by the Vice Chairman, Mrs. Amadigwe-Dike, the head of Human Rights Committee of the Branch.

During the visit, Mr. Gbenga Raheem, husband of the deceased narrated how his darling wife was shot by a police officer from Ajiwe police station, Ajah on their way back from a family Christmas outing. The most unpleasant part of the story is that our late colleague was four month pregnant with a set of twins. The committee also paid a visit to the Ajiwe police station on a fact finding mission and confirmed that the police officer in question has since been arrested and detained for further investigation.

Meanwhile, our able Chairman also led the delegation of some members of NBA to the Commissioner of Police on the directive of President of the Bar. While with the Commissioner of Police, he assured that the matter will be thoroughly investigated and any officer(s) found culpable in this dastard act will be brought to justice.

While we plead with our members to remain calm over this matter, be rest assured that the case will not be swept under the carpet, as our Branch is already collaborating with other Branches in Lagos State to ensure that our late colleague gets justice in this case. Be further assured that, we will keep you updated as prompt as possible on further development over the matter.

Issa Adedokun Esq
Secretary, NBA, Ikeja.

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LAGOS State Governor, Mr. Babajide Sanwo-Olu has assured the Nigerian Bar Association (NBA) that the killer cop who shot and killed Lagos lawyer Omobolanle Raheem would not escape justice.

In a telephone call to NBA Lagos Branch Chairman, Mr. Ikechukwu Uwanna, the Lagos State chief executive condoled the branch members on the killing.

In an earlier telephone conversation with Uwanna, the Lagos State Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo SAN made similar assurances, noting that he had requested the case file to enable the DPP issue advice for immediate prosecution.

CITY LAWYER recalls that Omobolanle was shot and killed on Christmas Day while returning from church service with her family.

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The Inspector General of Police, Usman Alkali Baba has ordered “speedy investigation and prosecution of the officers responsible for the ugly and unprofessional act, which doesn’t portray the Nigeria Police Standard Operating Procedure and core values.”

In a statement made available to CITY LAWYER by Force Public Relations Officer, CSP Olumuyiwa Adejobi, Baba also warned officers to desist from extra-judicial killings, warning that there is no hiding place for such officers in the police force.

The police chief commiserated with the family and colleagues of the deceased, and assured the general public “of justice in the case.”

Below is the full text of the statement.

Ref No. CZ.5300/FPRD/FHQ/ABJ/VOL.4/218

December 26, 2022

PRESS RELEASE

LAGOS SHOOTING INCIDENT: IGP CONDEMNS KILLING, ORDERS SPEEDY INVESTIGATION

• As IGP Assures Justice, People-Oriented Police

The Inspector-General of Police, IGP Usman Alkali Baba, psc(+), NPM, NEAPS, fdc, CFR, has condemned the shooting and killing of Mrs Omobolanle Raheem, a lawyer who was allegedly shot and killed by a Policeman attached to Ajiwe Police Station, Ajah, Lagos State.

The IGP, who described the incident as unfortunate and sad, has ordered speedy investigation and prosecution of the officers responsible for the ugly and unprofessional act, which doesn’t portray the Nigeria Police Standard Operating Procedure and core values.

In the same vein, the IGP commiserates with the family, friends, and colleagues of the deceased as he prays for the repose of her soul. He further assures the general public of justice in the case while he warns officers and men of the Force to be professional and people-oriented in the discharge of their duties and operate within the ambit of the law, as the Force’s leadership will not condone any inappropriate or unprofessional acts.

CSP OLUMUYIWA ADEJOBI, mnipr, mipra,
Force Public Relations Officer
Force Headquarters,
Abuja.

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The Nigerian Police Force has arrested the officer who allegedly shot and killed a Lagos based lawyer, Mrs. Omobolanle Raheem on Christmas Day.

CITY LAWYER recalls that Omobolanle was shot dead at Ajah in Lagos State while returning from a Christmas church service. An unimpeachable source told CITY LAWYER that Omobolanle’s husband was driving when police operatives pulled up the car. Her children and sister also witnessed the shooting.

Responding to a tweet by another Lagos lawyer, Mr. Kelechi Uzoka, the spokesman for the Lagos State Police Command, Mr. Benjamin Hundeyin tweeted early this morning: “Unfortunate and avoidable incident that was. The ASP that shot and two others with him have since been taken into custody. They are to be moved to the SCID for further investigation.”

Uzoka had queried the police command, saying: “Good evening @BenHundeyin, one of your officers attached to Ajiwe police Division Ajah, shot at point blank & murdered a lawyer colleague of mine today. This is one too many of similar incidents with @PoliceNG officer in Ajiwe. Now a family have lost a dear one on Christmas day.”

Reacting to Uzoka’s tweet, popular ENDSARS Leader Rinu Oduala said: “An officer from same police station kïlled this young man few days ago and his fellows shot at people protesting.

“Gafaru Buraimoh was shot dead by Police Officers attached to Ajiwe Police Station, Ajah in Lagos State on Wednesday , 7th of December, 2022.”

While members of NBA Lagos Branch and Eti Osa Lawyers Forum are set to storm the Ajiwe Police Station by 10 am today to protest the Christmas Day killing, many lawyers have decried the killing, urging the police high command to stem incidences of extra-judicial killing among its ranks.

Meanwhile, CITY LAWYER gathered that the family of the deceased lawyer have raised concerns on the integrity of the investigation process. One Yvonne who stated that the deceased was her “boss,” said: “Good afternoon Ma. compliments of the season.

“I am Barr. Yvonne a member of the NBA Lagos Branch, Sir I tried reaching out to you but I guess you are busy. My boss Barr Omobolanle Raheem was shot dead today, by a POLICE OFFICER on her way back from Xmas service at Ajah under bridge.

“Her family just called me now, that they need a lawyer to stand in for them before the police changes the narrative. They have taken the matter to Ajiwe Police Station. The police officer is from Ajiwe station. Her husband was the one driving, Barr. Omobolanle was seated in the front with her husband. The officer asked them to park and they needed the vehicle in front to move so they can park well, and immediately the police officer shot at a close range right into her chest. On seeing what happened , the remaining police officers on duty there absconded.

“After a while, some police men came and moved her body to the mortuary in Yaba, without obtaining any consent from her family members. Currently her family has located where they moved her body to. I am currently not in Lagos, I thought of bringing this to you for your assistance and guidance ma. Thank you.”

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Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN has reeled out a roadmap for lawyers in the run-up to the 2023 General Elections.

In a Christmas Message to NBA members made available to CITY LAWYER, Maikyau noted that “Our nation no doubt is passing through perilous times. The peace of the nation is greatly challenged.”

He urged lawyers to shun dishonesty and insincerity during the forthcoming elections, saying: “As we go into the New Year, 2023 and prepare for the forth coming general elections, let our conduct and participation in the exercise of our constitutional franchise in electing our leaders or representatives at all levels, be undergirded by honesty, sincerity, patriotism and the desire to build a nation that will be our pride.”

According to the NBA President, “The combination of our honest, purposeful, and sincere work as a people, with the discharge of our divine obligation to pray for our leaders for wisdom, courage and discernment, will no doubt lead us to the productive nation that we all desire to build.”

He declared: “Nigeria must succeed, Nigeria cannot fail under our watch, and I call on all Nigerians to brace up for the challenges ahead. Let us make the necessary sacrifices for the future of our nation.”

Below is the full text of the Christmas Message.

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Rivers State Governor Nyesom Wike has formally inaugurated a technology-driven Family Court at the High Court Complex in Port Harcourt.

The occasion also witnessed the unveiling of the “Family Court Rules, the Guide,” and a book titled “The Child, Ethics and the Law: A Simplified Law Guide for Children and Young Persons,” written by the wife of the Governor and Presiding Judge of the Family Court, Justice Eberechi Suzzette Nyesom-Wike.

Wike stated that now that Rivers State has joined the league of states with Family Court, he would fully support the court, even if its establishment is coming about 13 years after the State House of Assembly domesticated the Child’s Rights Act in 2009. The law makes provisions for establishment of the Family Court.

In her speech, Justice Nyesom-Wike explained that the essence of child-friendly justice is reformation, rehabilitation and reintegration. She stated that under the Family Court system, “the court is obliged to listen to children, consider their views and ensure their participation and protection in the process, whether as victims, witnesses or offenders.”

Justice Nyesom-Wike stated that the Family Court functions in Port Harcourt in four jurisdictions with two High Court judges and two Magistrates. According to the judge, the Family Court is expected, as the need arises and resources permit, to spread to all the local government areas of the state to ease access to justice.

In his address, the Chief Judge of Rivers State, Justice Simeon Amadi stated that the Rivers State Judiciary has equipped the Family Court to a befitting status. He observed that the State judiciary is set to commence effective Family Court proceedings at the High Court and Magistrate Court levels to tackle designated cases.

On his part, the Attorney General of Rivers State and Commissioner for Justice, Prof. Zacchaeus Adangor SAN lauded the establishment of the Family Court, adding that it is another feat in the administration of justice in Rivers State.

On the special technology that drives the court’s proceedings, Mr. Emeka Albert, the CEO of LexTech Ecosystems Limited, stated that the Family Court has an innovative e-filing system that is easy to use by lawyers and non-lawyers.

He listed its features to include e-filing for remote filing of cases, e-payment for online payment for filings, and e-assignment of cases by the designated judicial officer. Others are e-notifications, virtual hearing, and verbatim reporting among others.

Albert, the senior lawyer who developed the Family Court Case Management platform, unveiled the court’s web address as www.familycourt.rv.gov.ng.

Addressing journalists after the event, Albert identified the Rivers State Family Court as the first in Nigeria to use end-to-end automation to manage its procedings. He noted that the training of the court staff and stakeholders has commenced, adding that the plan is for the court to commence from day one in a paperless environment.

The leading technology expert and consultant stated that the Family Court is a major investment in child justice administration and urged other States to emulate the Rivers State example.

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Former Nigerian Bar Association President and criminal trial lawyer, MR. JOSEPH DAUDU SAN has declared that erstwhile Labour Party Director-General, Dr. Doyin Okupe is not an ex-convict, arguing that the embattled party chieftain has not been found guilty of fraud or corruption.

He (Chief Okupe) is not an ex-convict in any sense at all. What makes a person an ex-convict in the legal sense is if he is convicted for an offence in respect of dishonesty and or fraud and was sentenced to a term of imprisonment of not less than 6 months. Then he will be disqualified from holding public office, although I must concede that had he been convicted for corruption or fraud, his continued participation in the Peter Obi campaign machine would have cast a poor shadow on the objectives of the Obidient mission.

But his decision to resign was personal on his part from what I decipher from his resignation letter. As he said, their opponents would have used his travails to score cheap political points and in the process traduce the altruistic objectives of the movement.

Now returning to the nature of the conviction, it must be noted that he was discharged on counts 1-33, which relate to fraud and corruption, and had he been convicted for just one of the counts would have put a completely different complexion on the matter.

What he was convicted for are not issues bordering on fraud, defalcation or corruption. He was merely convicted for accepting cash and expending same, which cash could not be said to have originated from a financial institution. Whatever the threshold is, the Judge held rightly or wrongly that Mens Res (guilty intent) was not required as an ingredient of the offence, it being one of strict liability – meaning if I send my secretary to the market with N2, 000, 010: 00, just marginally above N2M which the law permits, and I cannot trace the provenance of the money to a financial institution, then he or she is most likely going to jail for just carrying out my instructions.

Assuming that the authorities are out to get me and are unable to but having pounced on my agent, was the intention of the law for him or her to be a criminal for merely carrying out legal and legitimate instructions from me? I do not think so.

Furthermore, the category of offences which spending cash above statutory thresholds belong are not felonies but mere regulatory financial misdemeanors. No one in the eyes of the law bags the label of an ex-convict for such conviction. It has the same effect as if such a person is convicted for a traffic offence, health condition breaches, failing to fill some forms at the air or seaport etc. They carry with it no stigma of a thief or ex-convict as some Nigerians have been wallowing in since news of the conviction broke.

Like I said, he resigned for the reasons stated above and not because he, Okupe was morally or legally impeded from continuing as Peter Obi’s chief campaign manager. Cynically on my part, I think he (Okupe) jumped off the Obi moribund bus or sinking ship on time – and fortuitously too – because as an experienced politician he must have known that the Project was doomed to failure for a variety of reasons not relevant here. That will DV be for another day.

Finally, it remains to condemn the public lynching of people who pass through the judicial branch’s crucible of due process. An appeal is presently pending against the said conviction, which in the real sense is stingless and certainly not evidence of corruption or fraudulent conduct.

The point I am making is that had the conviction been for murder or corruption or other vicious crime, is this how we would have engaged in the condemnation and lynching of the person involved. The Nigerian factor makes it impossible for the justice system to achieve the objective of penal punishment which in the main is reformatory and not retributive. That is why of recent ‘Prisons’ were renamed ‘correctional centres’ to remedy the stigma those who pass through such institutions are going through. They are meant to emerge from there as better citizens but not in Nigeria because having been classified as ‘elewon’ by the teaming population and of recent the social media Lynch mob, such a person is doomed forever. He cannot find work, cannot marry from a responsible family, cannot take a stroll or go shopping, cannot appear in public etc, which is why most of them before graduating from the correctional facility, knowing that there is no hope outside for them now take a lifetime membership in the criminal fraternity, thereby negating the intendment of the law.

In my humble view, it now makes no difference in Nigeria if you are merely convicted, fined and you avoid jail time for mere regulatory misdemeanors. You are foolishly branded an ex-convict and ostracized from mainstream society. I am sure Chief Okupe’s place on the High Tables at social events will now be severely circumscribed. No more parties for him, may be, until after his Appeal. That is not how it should be. Every Nigerian who has passed through the criminal justice system and has paid his dues must be reintegrated into the society and allowed to live a normal life including plying his former trade or the new one he learnt in ‘prison’. If not, the human rights of these persons are severely curtailed when the contrary happens.

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Respected Federal High Court judge, Justice Nnamdi Dimgba and some senior advocates were among the first jurists to pay tribute to Dr. Khrushchev Ekwueme, the deceased Partner at tier-1 law firm, Olaniwun Ajayi LP.

Justice Dimgba penned a fairly long post on the late senior lawyer, saying: “A star on earth left to rejoin the galaxy. This was not only my brother, but a deeply treasured friend. He was my biggest and strongest cheerleader. His frame could not habitate any sentiment or emotion that’s not pure – no space, no matter how tiny, for envy, bitterness, hatred or any such dark clouds; ever quick to forgive – like our Christ (yes, he was Christ’s follower). I watched as he rose, from ABSOLUTE NOTHING to what God has chosen us to be. When he was low, he carried it with grace and dignity (you could never tell from the outside the storms that brewed within); and when he was high as the Lord Himself chose to give, he carried himself with humility and with even greater grace. I never saw a human so complete like my brother and my friend Dr KUK Ekwueme. Our hearts are filled with the deepest sorrow, broken to pieces. Yet, we must not fail, and indeed do thank the Lord God for the gift of such a wonderful personage; the God whose name is mercy. We trust His mercy to come through at this very hour, because it is needed in abundance. Adieu my brother and my friend KUK, as you gaze down upon us from your place among the galaxy, and with that twinkle in your eyes. Our love for you will never wane. Adieu!”

Writing on Ekwueme’s demise, the Chairman of the 2022 Electoral Committee of the Nigerian Bar Association (ECNBA), Mr. Ayodele Akintunde SAN, wrote: “I am shocked. KUK was a brilliant mind. A sad loss. May God Almighty grant him eternal rest. My heartfelt condolences to his colleagues and family. R.I.P KUK.”

On his part, legal scholar and leading jurist, Professor Fabian Ajogwu, SAN wrote: “Deeply deeply saddening. A good man has gone, and way too soon and sudden. A refined gentleman, Dr KUK Ekwueme practised law with the fear of God. He did so in the finest traditions of the Bar. He was warm and respectful to all he came across.

“Our deepest condolences to his beloved family and to our colleagues at Olaniwun Ajayi LP. Ndo nu. May KUK’s gentle soul, through the mercy of God, rest in peace.”

Contributing to the flurry of tributes, prominent commercial lawyer, Mr. Uche Val Obi SAN wrote: “This is a loss of a dear brother and friend of over 3 decades. I’m still in shock. Words have failed me this time. KUK was a first class lawyer, urbane, witty, warm, humane, loyal and with a large heart. He was so full of positive aura and always with a charming smile that diffuses all manner of tensions. I just can’t imagine what the family should be going through at this point given the way we are feeling already. The world has certainly lost a very good man. May his gentle soul rest in perfect peace, Amen.”

On her part, former UAC Nigeria Plc Company Secretary/General Counsel, Ms. Nkem Agboti wrote: “I am really saddened by this. My condolences to you, Prof. Ajayi, and to the whole firm.”

While leading human rights activist and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu asked in disbelief, “Sorry, what happened to Kruschev????” Mr. Orji Agwu Uka wrote: “When I heard the news last night, I refused to believe it and hung on to the faint hope that it would turn out to be untrue. Dr Kru was a quintessential gentleman and an outstanding legal mind who touched many lives. His 2005 seminal work on Investment Law in Nigeria proved very vital to my LLM dissertation research. May his soul rest in peace, and may the good Lord grant you, the OAL family as well his family and friends, the fortitude to bear such a colossal loss.”

The Founding Partner at Olaniwun Ajayi, Prof. Konyin Ajayi SAN had broken the news of Ekwueme’s passing when he wrote cryptically on his verified LINKEDIn handle, “The law & humanity has lost a Supernova,” spotlighting the photograph of the deceased.

He followed this up with another post which read: “The untimely & shocking departure of Dr. KUK Ekwueme. A most distinguished international scholar, commanding advocate, brilliant Solicitor, highly regarded and well respected – just as he was respecting. A moving library, great orator wonderful friend. Good night.”

Khrushchev was a Partner in the Dispute Resolution Practice of the firm. A former student of The Hague Academy of International Law and Visiting Researcher at the Harvard Law School, Khrushchev specialized in International Economic Law, and International Dispute Resolution, International Commercial Arbitration, Public Interest Litigation and White Collar Crime Prosecution. He was fluent in German.

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The Federal High Court has berated the State Security Service (SSS) for its plot to use the court to arrest Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele.

The court also wondered why the secret police did not fully disclose the identity of the “Godwin Emefiele” that it plans to arrest, even as it also noted that the SSS application is riddled with procedural irregularities.

The Chief Judge of the Federal High Court, Justice John Tsoho noted that the requisite consent of Emefiele’s “boss” was not sought and obtained prior to the application, saying: “This is not the situation here, as Godwin Emefiele, the CBN Governor was shown on Television, even last night, having audience with the President of Nigeria. It therefore seems that the Applicant Intends to use the Court, as a cover for an irregular procedure, which is unacceptable.”

The jurist stated that the usual procedure had been for the secret service to seek detention or further detention of a suspect after arrest, adding that the SSS has not placed any evidence before the court to justify its quest to arrest the CBN Governor.

Below is the full text of the ruling:

“Upon perusal of the documents that constitute the Applicant’s Motion Ex Parte dated and filed on 7/12/2022, I am constrained to make the following vital observations:

“The entire affidavit depositions, especially as per paragraph 4 of the supporting affidavit, purport that preliminary investigation has revealed various acts of Terrorism Financing, fraudulent activities perpetrated by the Respondent and his Involvement in economic crimes of national security dimension. These are no doubt, grave allegations, but which the Applicant has not presented any concrete evidence to support. The Applicant should have taken the Court into confidence, while seeking the exercise of its discretion in favour of granting Its application. It is my respectful opinion that the ipse dixit of the Applicant standing on its own, is not sufficient evidence upon which to deprive a person of his liberty.

“The Respondent in this application is named as “Godwin Emefiele” without disclosure of his status or position anywhere; not even in the affidavit. It is left to speculation if the “Godwin Emefiele” is the same person as the serving Governor of the Central Bank of Nigeria. If it is, then he is unarguably a high ranking Public Official In Nigeria and indeed occupies a sensitive position as one of the key drivers of the Nation’s Economy. Therefore, an application of this kind should have evidence of the approval of the Respondent’s boss, that such measures are authorised to be taken. I however do not find such evidence in this instant application, whereas it is a necessary procedure in the observance of the Rule of Law.

“It is noted that it has been the practice of the Applicant to seek detention of a Respondent or further detention, for a definite period of time, when such Respondent is already arrested and is in their custody and that fact is clearly disclosed in the supporting affidavit. This is not the situation here, as Godwin Emefiele, the CBN Governor was shown on Television, even last night, having audience with the President of Nigeria. It therefore seems that the Applicant Intends to use the Court, as a cover for an irregular procedure, which is unacceptable.

“In the light of the foregoing reasons, I decline to grant this application Ex parte. If the Applicant believes that the evidence available to it so far is sufficient, then it can as well arrest and detain the Applicant, even without the Order of this Court. If however the Applicant desires to still pursue this application, then It should place the Respondent on Notice, considering the sensitive Public Office that he occupies.

“This application as presently constituted is refused.”

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A Lagos State High Court has awarded N10 million as general damages against Ms. Ladun Liadi, a blogger on GOOGLE blogging platform, for defaming Dr. Nicholas Okoye, the Chief Executive of ANABEL Group.

In a landmark case on Internet libel marked Suit No: LD/ 170/2012 and brought by Okoye against Ladun Liadi, GOOGLE Inc and GOOGLE Nigeria, Justice Adedayo Akintoye berated the blogger for a post which attracted adverse comments against the telecoms top-notch.

Said Justice Akintoye: “I find it most distasteful that a person can write an article which elicits such vile and derogatory comments against another human being and not take down the derogatory comments when they came to her attention, if indeed she did not intend her post to elicit the reactions from the public which followed her post.”

Continuing, the judge held that “I find therefore that the publication and transmission of the libel contained in pages 1-24 of Friday 6th April 2012 to Thursday 12th April 2012 material written, printed, published, transmitted on blogger service by the 1st Defendant LadunLiadi (sic) are defamatory to the claimant.”

The court held that “Damages in the sum of N10,000,000 (Ten Million Naira) for libel is awarded to the Claimant and is to be paid by the 1st Defendant Ladun Liadi to the Claimant Nicholas Okoye.”

The judge noted that the claimant’s prayer for removal of the libelous statements “has been overtaken by events as the offensive article has already been removed from the 1st Defendant’s blog.”

The court however granted “a perpetual injunction restraining the 1st Defendant Ladun Liadi either by herself, her servants, agents, and/or privies or otherwise from publishing and/or further publishing and/or causing to be published the same or similar words defamatory to the claimant in any medium and/or from whomsoever.”

Turning to legal costs for the claimant, the court also awarded the sum of N1 million “for legal representation inclusive of cost of action in favour of the claimant.” Okoye was represented by his Lead Counsel, Chief Emeka Okwuosa of Messrs The Chancery Associates.

Turning to the 2nd and 3rd defendants, the court held that GOOGLE Inc were mere Internet intermediaries who had put frameworks in place for bloggers to moderate comments on their blogs, saying: “I agree with learned counsel to the 2nd defendant that given this large volume of words and the speed with which they are posted it appears humanly impossible for the 2nd Defendant to implement any policies of procedures which would require human or manual screening of all contents uploaded by bloggers such as the 1st Defendant towards detecting and preventing publication of defamatory content. I agree therefore that the 2nd Defendant cannot be said to have known that the alleged publication was defamatory.”

The court also held that the 3rd Defendant, GOOGLE Nigeria, is a separate legal entity from the 2nd defendant, adding that “The 3rd Defendant has therefore not defamed the claimant in any way or breached the claimant (sic) privacy right in any way and I so hold.”

The claimant had through Okwuosa sought “A declaration that the publication and transmission of the libel contained in pages 1-24 of the materials posted and captioned “What happened to Anabel Mobile?” dated Friday, 6th April, 2012 to Thursday, 12th April, 2012 by the 1st, 2nd and 3rd Defendants vide the 1st Defendant’s blog, http://ladunliadi.blogpost.com are false, malicious, and defamatory to the claimant.”

The claimant also prayed for the sum of N250,000,000.00 (Two Hundred and Fifty Million Naira Only) damages against the 1st, 2nd and 3rd Defendants for publication and transmission of the libelous statements. Aside from another N250 million as exemplary damages, the claimant also sought N30 million as legal representation and cost of action.

The case is regarded as one of the first Internet libel cases to be decided in Nigeria where the court has held a blogger liable for libel committed via the GOOGLE platform, blogger.com. It is believed to have contributed to online defamation jurisprudence while setting a benchmark for protection of privacy rights and limits for freedom of expression and of the Press.

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The Chairman of the Nigerian Bar Association (NBA) Conference Incident Investigation Committee, Mr. Olawale Fapohunda SAN has disowned reports that the lawyers whose pictures have been trending are the “vandals” who ransacked and looted materials during the recent NBA Annual General Conference (AGC).

According to a post by one of the lawyers, Mr. Godwin Madubuegwu, Fapohunda informed him during a telephone call that the reports took the committee’s report out of context, saying that the committee merely wanted to hear from the lawyers towards unravelling the real culprits.

Below is the full text of the post.

Goodevening, learned Silks, seniors and colleagues. My name is G. C. Madubuegwu Esq. I was called to Bar in 2011 and I’m a member of Enugu Bar (ENBAR) and an active bar man.

Precisely, on 15th December, 2022, around 11 p.m, I was going through Facebook only for me to see a report on (name withheld) blog concerning the unfortunate incident of vandalization at the last NBA AGC in Lagos. Particularly, the report was saying that the Incident Investigation Committee of the NBA had unravelled the identities of those behind the said incident of vandalization. The author of the report then went ahead and posted some pictures and tagged the persons in the pictures the “vandals”.

I went through the said pictures; lo and behold, I saw a picture of me among the pictures supposedly released by the Committee. (i.e, the pic by the left in this post). I was perplexed at seeing my picture as one of the vandals! Instructively, the picture posted in the said report was self-explanatory as one could see in the picture that I was merely covering some happening with my phone when the CCTV camera picked my image.

As if that was not enough, I saw another online report this morning where my said picture and other pictures were posted and members of the public were asked to assist in identifying the persons in the pictures.

For the past two days, I have been overwhelmed with calls and messages from friends and acquaintances alike, expressing their shock at seeing my picture being linked with the said unfortunate incident at the last NBA AGC. Some of them advised that I should please lie low and not take any steps to expose myself lest I be made to face the LPDC, even when I explained to them that I had nothing to do with the said vandalization, they still insisted that I should tread cautiously and just lie low. My loving wife was also traumatized when I broached the news to her (By the way, I just got married a couple of weeks ago???). I really appreciate the concern shown by all as well as their admonitions; whether these admonitions are wise or otherwise, is really not as important as the fact that they were borne out of genuine concern for me. I remain most grateful.

Being innocent of this unsavory and very distasteful association of my name and person with that very shameful incident at the last NBA AGC, with the much cherished help of Mr. Emeka Nwadioke, the President of City Lawyer Magazine, I took immediate steps to reach out to the chair of the Committee, in the person of the Honorable the Attorney-General of Ekiti State, Mr. Olawale Fapohunda (S.A.N) to establish my innocence.

To my surprise, the amiable learned Silk expressed surprise that anyone would say that the Committee said that the persons whose pictures were released were the vandals. He told me in clear terms that the Committee released the pictures so that the persons captured by the CCTV cameras could come forward and assist the Committee with the information they have about the unfortunate incident so as to assist in the investigations towards unraveling what really transpired.

He said that the reports in the media took the statement of the Committee out of context and that no one has been accused of any act of vandalism. In fact, the learned Silk said that in my own case, they saw that I was covering something with my phone, and that they picked me so as to know what I recorded, and if same would be helpful in ascertaining what really transpired. In the end, he told me that the Committee would invite us at the appropriate time to interact with us. With this, we ended our conversation.

Please, I am making this post to set the records straight. I never participated in any act of vandalism or even protest during the last NBA AGC in Lagos, without prejudice to the fact that it is within the civic right of aggrieved persons to protest within the confines of the law. I was only videoing the protesters with my phone when the CCTV camera picked my image and my said picture posted online clearly shows this fact.

I wish to thank the ever amiable Honorable the Attorney-General of Ekiti State, the Chair of the Incident Investigation Committee of the NBA for the opportunity given to me so far to state my own side of the story, even as I assured him that I would always make myself available whenever needed for further clarifications on the matter. May God bless him.

I thank my loving wife, Esther Chioma Emmanuel for her staunch support to me during this trying period. I also wish to thank my good friends and colleagues from different parts of the country who have been calling and sending messages to sympathize with me and as well offer their advice, may God bless them all. May God bless us, all.

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• ‘MY LIFE IN DANGER,’ THERAPIST CRIES OUT

A judge of the National Industrial Court of Nigeria (name withheld) has threatened to levy criminal complaint against an Abuja based skin-care therapist, one Pamela Onyeagusi, unless she makes “reparation and compensation.”

According to a letter by the law firm of Ganiyu Ajibola Bello obtained by CITY LAWYER, the judge’s solicitors warned that “This consequently serves as a notice that you shall be charged to court upon this matter if reasonable steps are not taken to remedy all the wrongs committed towards our Client.”

Meanwhile, the beauty therapist told CITY LAWYER that the allegations were false, adding that she has also refunded monies paid by the judge due to severe threats allegedly heaped on her by the jurist.

CITY LAWYER gathered that the judge was angered by some allegedly failed skin-care procedures done on her by a therapist, stating that the therapist’s “representation of being a professional is a false and fraudulent representation while you were indeed criminally negligent and unskilled.”

Titled “CASE OF CRIMINAL MISREPRESENTATION, NEGLIGENCE, RECKLESSNESS AND INFLICTION OF GRIEVOUS BODILY HURT CONTRARY TO THE PENAL CODE ACT, ABUJA AND DEMAND FOR REPARATION AND COMPENSATION” and dated October 7, 2022, the demand letter alleged that sometime in May, the therapist “falsely and fraudulently represented to our client that you are a professional and skillful Skin Care Specialist with requisite skill and knowledge in the act of removing stretch-marks and skin scars arising from surgery using laser procedure.

“Consequent upon the foregoing representation which turned out to be false, Our Client on the 8th of May, 2022 visited your center under an appointment for the professed laser procedure and other dermatological procedures which was supposed to be carried out on Our Client’s face, thighs and stomach.

“In carrying on with the procedure however, you caused grievous bodily harm and injury to Our Client’s right thigh by burning her thighs with the laser machine. The hurt was so excruciating that Our Client had to stop you from continuing the procedure and that was the saving grace for her left thigh.

“Within hours after the unsuccessful procedure, the condition of injury inflicted on Our Client’s right thigh started to deteriorate while she also experienced terrible breakouts on her face.

“Our Client was forced to travel to Lagos on several occasions for treatment of the injury to her thigh and her face. She was put on dosage of several expensive medications while having to bear excruciating pains from the injury for about a month as she could barely walk or engage in bath without suffering excruciating pain form the burnt areas of her body.”

The judge’s solicitors warned that “The foregoing position clearly shows that Our Client have a concrete basis upon which to prosecute you for criminal misrepresentation, negligence, recklessness, infliction of grievous bodily hurt and endangering her life while making you face the wrath of the law,” adding that “The consequently serves as a notice that you shall be charged to court upon this matter if reasonable steps.”

But in a response obtained by CITY LAWYER, the embattled therapist denied the allegations, adding that not only is she well trained in the field, she had refunded the judge’s monies in order to let peace reign.

According to the response signed by Mr. Charles Sunday of Fredricks E. Itula, SAN & Co., the skin-care therapist was trained both in the United States and United Kingdom, adding that she was issued with certificates to show for her training.

He noted that “It is important to state here that your client before that 8th day of May, 2022 have (sic) had thigh liposuction, gastric bye-pass surgery, many cosmetic procedures, surgeries and facial treatments which resulted in various spotted skin bumps and keloid growths.”

Continuing, the solicitors stated that the judge “persuaded our client to go ahead with the laser procedure with the notion of looking young and beautiful with no one being able to guess her real age.”

He stated that “After the thigh procedure, our client advised your client to observe less movement that will put pressure or friction,” adding that “Your client rather than heed to this advice immediately proceeded to embark on trips to Jos and Lagos which trips consequentially resulted to blisters on the affected areas due to excessive frictions of the thighs couple (sic) with skin lightening (bleaching) cream she uses.”

The solicitors stated that the payment of $2,000 and N500,000 by the judge to the therapist was a clear indication that she was satisfied with the service rendered, adding however that “We were also informed that your client issued a lot of threats and harassment to our client and demanded for the full refund of the fees our client charged her failing which she would face her wrath. The threats were so frightening that our client had to inform the woman who referred your client to her and shudder (sic) when she realized that your client is a serving Judge and could make life unbearable for her, hence the full refund of the payment so made.”

According to the solicitors, “In as much as we deny vehemently the allegations of negligence and recklessness on the part of our client, we however would be willing to have a meeting for a peaceful resolution of the issues.”

When CITY LAWYER contacted the embattled therapist yesterday, she stated that she had gone into hiding upon a tip-off that there were some persons mounting surveillance on her apartment.

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The Chairman of the Nigerian Bar Association (NBA), Lagos Branch, Mr. Ikechukwu Uwanna will today deliver a speech at the Monthly Meeting of Eti-Osa Lawyers Forum (ELF).

Uwanna will give a Keynote Address to the forum’s members on the topic, “Professionals in politics and public service: Are lawyers worthy ambassadors?”

According to the Chairman of the Forum, Mr. Adewale Sanni, “The Knowledge Sharing Session is a key feature of the forum’s monthly meetings aimed to shed light on topical issues that confront lawyers in practice.”

CITY LAWYER recalls that the Chairman of NBA Lagos Branch Task Force on Illegal Practice of Law, Mr. Lotanna Okoli SAN and former NBA Lagos Branch Chairman, Chief Martin Ogunleye had also delivered speeches at the October and November “Knowledge Sharing Sessions” of the branch.

The monthly meeting holds today at High Court 1, Christopher Segun Court House, Ajah-Addo Road, Eti-Osa, Lagos at 1 pm.

GOODWILL MESSAGE TO THE NBA LAWYERS WITH DISABILITY FORUM (NBA-LWDF) ON THE OCCASION OF HER MAIDEN CONFERENCE BEING HELD ON 13TH DECEMBER, 2022, IN ABUJA.

I warmly and heartily felicitate with the Chairman, Asia Ahmad El-Rufai, members of the Governing Council and the members of the NBA Lawyers with Disability Forum on this very special occasion of hosting your maiden conference with the theme- Lawyers with Disabilities in Nigeria: Realities, Challenges and Expectations.

The theme of the conference is very apt as the time has come when this nation and the Bar in particular should be more involved in creating an enabling environment for the vulnerable people including persons living with disabilities in Nigeria.

Once again, I congratulate the Chairman, Asia Ahmad El-Rufai, Governing Council and members of the NBA Lawyers with Disability Forum for this maiden conference 2022.

---

Mazi Afam Osigwe , SAN

• VOWS THAT MURIC IS NOT REGISTERED AT CAC
• SAYS AKINTOLA, MURIC CHIEFTAIN LIED TO COURT
• ALLEGES DISCRIMINATION DUE TO RELIGION

Activist-lawyer, Chief Malcolm Omirhobo has responded to the petition by Muslim Rights Concern (MURIC) seeking that he should be punished by the Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers for alleged violation of the Rules of Professional Conduct for Legal Practitioners (RPC).

CITY LAWYER recalls that MURIC had petitioned to the LPDC complaining about the manner Omirhobo dressed while appearing before the Supreme Court and Federal High Court. The LPDC in a letter dated October 24, 2022 directed Omirhobo to respond to the petition titled CASE NO: BB/LPDC/896/2022 Muslim Rights Concern (MURIC) and Malcolm Emokiniovo Omirhobo Esq within 24 days.

But in a reply to the LPDC made available to CITY LAWYER titled “RE: DEFENCE ON THE MERIT TO BB/LPDC/896/2022 MUSLIM RIGHTS CONCERN (MURIC) V. MALCOLM EMOKINIOVO OMIRHOBO, ESQ” Omirhobo denied that he has violated the Rules of Professional Conduct for Legal Practitioners.

While the letter to LPDC was dated December 3, 2022, the accompanying “AFFIDAVIT DISCLOSING DEFENCE TO THE ORIGINATING APPLICATION ON MERITS” was sworn to and filed at the Federal High Court on December 7, 2022 in response to the petition.

In the affidavit, Omirhobo affirmed that “I am from the Esegba family who are the custodians of the Omalokun shrine, the deity/gods of the ocean.”

The activist-lawyer also stated that “That my forbearers pass our tradition and religion to my great-grand father, Chief Omirhobo Usitaka, who passed it to my grandfather Chief Orodeko Okposiokpo Omirhobo, who passed it to my late father Chief Anthony Council Omirhobo who passed it over to me with the instruction that I pass it over to my children so that they can pass it over to their own children.”

Turning to the MURIC petition, Omirhobo stated that “the Applicant, Muslim Rights Concern (MURIC) is not registered with the Corporate Affairs Commission nor any other Body/Commission. Same is unknown to law.”

Continuing, he alleged “That Professor Ishaq Akintola very well know that MURIC is not a legal entity in law but has continued to mislead the public and the Court that such legal personality exists.

“That the registered name on the CAC data bank is Muslim Rights Concern Association (MURICA) registration number IT 43397 which is not the same with the Applicant. The CAC online searches showing Muslim Rights Concern Association as the only name registered at the Corporate Affairs Commission is attached and marked as “EXHIBIT B.””

Omirhobo also stated that the petition is outside the scope of the objectives of either MURIC or MURICA, adding that the association “is an Islamic Organization whose major objective is advocating for female Muslims right to wear hijab in public institutions as it has been the practice in Western countries like United Kingdom.”

He stated that MURIC lacks locus standi to bring the petition, adding that the “Applicant is not a member of the legal community, neither is it my client as I have never rendered any legal service to her and therefore lacks the capacity to institute this action against me as there is no lawyer/client relationship between us.”

Omirhobo also contended that the petition is incompetent, having not been brought by the Trustees of the association, even as he dismissed allegation of violation of the RPC as “I did not appear at the Supreme Court on 23/6/2022 as a legal practitioner conducting a case for his client or conducting my personal case.”

Noting that the Body of Benchers had reversed itself by approving the wearing of hijab to Call to Bar ceremonies in the controversial case of Amasa Fidaus, Omirhobo stated that “the Application complaining of my dress code as it relates to the dictates of my religion and my being summoned before the Legal Practitioner Disciplinary Committee by the Body of Benchers is discriminatory and a violation of my fundamental right to freedom from discrimination as provided for in Section 42(1)(a)(b) of the Nigerian Constitution.”

Omirhobo concluded that the petition was brought in bad faith, “lacks merits and should be dismissed with an apology to my good self to be published in five National Newspapers.”

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The Nigerian Bar Association (NBA) has berated two new wigs for allegedly dressing improperly in their wigs and gowns.

A new wig, one Fatima Shehu, who simply identified herself as “Fatima” had tweeted @lipsdripping saying: “F.S Shehu Esq, Barrister and Solicitor of the Supreme Court of Nigeria.” She then uploaded some of her photos in wig and gown.

Apparently finding her dressing disagreeable, NBA responded @NigBarAssoc: “A barrister and solicitor of the Supreme Court of Nigeria do (sic) not adorn the wig and gown in this manner, whatever the occasion may be.” The NBA went further to tag the link to the photos which it perceived as offensive.

NBA also took exception to a post by one “Onyii baby” who tweeted @jessica_evanzz: “O.E. EZENWOBI Esq. LL.B, B.L, AICMC, BARRISTER AND SOLICITOR OF THE SUPREME COURT OF NIGERIA.” Berating the new wig on her dress sense, NBA queried: “Do nurses now wear wig and gown?”

Conversely, the lawyers’ body retweeted photos of new wigs which it considered appropriate, congratulating them on the milestone.

CITY LAWYER recalls that NBA President, Mr. Yakubu Maikyau SAN had boycotted the Call to Bar ceremonies which held yesterday and today in protest against the call by NBA for Body of Benchers Chairman, Chief Wole Olanipekun SAN to recuse himself both from the chairmanship seat and from the Call to Bar ceremonies due to the controversial solicitation email sent to SAIPEM, an international oil firm by Ms. Adekunbi Ogunde, a partner in Olanipekun’s law firm.

Meanwhile, new wigs have since the ceremonies been splashing their professional photos on sundry social media platforms.

Setting of the social media frenzy, popular Big Brother Naija star, Jumoke Adedoyin (aka “JMK”) wrote on her Instagram page @ ms_jmk: “OFFICIALLY A BARRISTER AND SOLICITOR OF THE SUPREME COURT OF THE FEDERAL REPUBLIC OF NIGERIA. Z. J. ADEDOYIN ESQ. LL.B (Hons), B.L (Hons)

“Being called to the Bar has just proven to me that I can be anything; I can be JMK the reality tv star, JMK the CEO, and now JMK the BARRISTER! A multifaceted Esq, who sets her mind to anything and gets it done.

“It has proven to me that I can’t be tied down by people’s timeline and everything happens within God’s perfect plan. He perfected it as he always does and now I am certain I am only going to walk in the path he has created specially for me. I believe in myself, there are no limitations I have of myself in my mind, the possibilities of what I am and what I can be are endless.
Grateful for the endless love and support of my family through this journey.

“From now on I am going to tell everyone “excuse me? ESQ speaking” and when you see me all I wanna hear is “THE LAWWW!” ⚖️????

While Stanislaus Azike, tweeting @azikesq, simply wrote, “I became a Lawyer today!” one Kofoworola, tweeting @Koko_Popsicle, wrote: “After 7 years of tests, trials, and tears. Let me Reintroduce myself! Kofoworola Elizabeth Sanya Esq. (LL.B, B.L, A.CiArb (UK), AICMC). Barrister and Solicitor of the Supreme Court of Nigeria. Super Proud of myself.”

On her part, one “MJ” who tweeted @mmesomammeje wrote: “It is so surreal and such a full circle moment that I would be called to the LARGEST BAR IN AFRICA after 8 long years! Introducing M.J MMEJE ESQ, Barrister and Solicitor of the Federal Republic of Nigeria, LL.B(Hons), B.L(Hons).”

Olanipekun had while admitting the new wigs to the Nigerian Bar said: “By the powers conferred on the BoB by Section 3(10) of the LPA, and by the powers conferred on me as the Chairman of the Body of Benchers by Regulation 16 of the Body of Benchers Regulations, 1983, I admit the 1491 students wherein present as Barristers and Solicitors of Supreme Court of Nigeria. You may put on your wigs.”

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By Muritala Oladimeji Abdul-Rasheed, SAN and Mutalubi Adebayo Ojo, SAN

We read with shock, amazement and deep concern for the legal profession the letter of the NBA President, Y.C. Maikyau, OON, SAN, dated December 4, 2022 and unwieldy titled “A CALL TO SALVAGE THE IMAGE, REPUTATION AND INTEGRITY OF THE BODY OF BENCHERS AND LEGAL PROFESSION AND FOR THE CALL TO BAR CEREMONY SCHEDULED FOR CALL TO BAR CEREMONEY SCHEDULED FOR 6 AND 7 DECEMBER 2022 TO BE PRESIDED OVER BY HON. JUSTICE MARY PETER ODILI JSC, RTD, VICE CHAIRMAN, BODY OF BENCHERS,

The letter was directly sent to the Chairman of the Body of Benchers, Chief Wole Olanipekun, CFR, SAN, and copied to the Chief Justice of Nigeria, Hon. Justice Oluwakayode Ariwoola GCON, all Life Benchers as well as all Benchers. The letter was also leaked to the press before service was effected on the addressee.

In the said letter, the NBA President revisited with sadistic relish the apparently settled matter regarding an email written by an erstwhile partner in Chief Wole Olanipekun law firm, Ms Adekunmbi Ogunde, which had attracted public odium and was already looked into and decided upon by the Legal practitioners’Disciplinary Committee.

The lawyer at the centre of the storm, Ms Adekumbi Ogunde, had come out openly to admit that the letter she wrote, which unduly solicited for patronage from a foreign multinational was a zealous, unilateral and thoughtless action of her own accord without the authorization of the chamber she worked for.

Ms. Adekumbi resigned her appointment and tendered apology for embarrassing her employer and even went to the extent of recusing herself from practice for unspecified number of years.

The LPDC had set up a Committee to look into the matter especially in relation to the culpability or otherwise of the other Partners in the chamber and the Committee after due evaluation of the petition written by Martins Aikpoko ,Esq on the on the instructions of Olumide Akpala decided that there was no prima facie case against Chief Olanipekun and the other partners in the chamber, the matter being solely a case of an unauthorized lawyer acting on her own volition.

Viewed against the above background, the NBA’s President’s letter resuscitating this matter and referencing social media comments that fit into his jaundiced opinion asking Chief Olanipekun to recuse himself from presiding at the Call to Bar ceremony of the new wigs slated for December 6th and 7th 2022 in Abuja is a gross misnomer, to say the least, and constitutes a confirmation of destructive politicking and perfidious infighting within the NBA .

The latest development in the saga is a classic example of how malcontent decision by a few disgruntled element, disguising under a single potentate, can lead to invidious resuscitation of a settled case. Honestly speaking, no matter the angle With which we view this matter , there could only be the ineluctable conclusion that Chief Wole Olanipekun, SAN, is being maliciously persecuted for a concocted misdeed.

Chief Olanipekun is above 70 years, he has acquired for himself the singular honour of one of the most respected legal luminaries in Nigeria, nay Africa, through dint of hard work, dedication, and ethical integrity, resulting in enviable professional accomplishments. He has never attracted to his person any odious, unpalatable or reprehensible reputation capable of calling his hard-earned integrity into question.

With every sense of responsibility, we hereby invite every fair-minded person to follow through our position as stated below to see if Chief Wole Olanipekun, SAN, is culpable in the instant matter. We are presenting this position from the panoramic views of law and ethics to ascertain the degree,if any, of Chief Olanipekun’s culpability in the matter .

From the facts now available in the public domain, a lawyer working in Chief Olanipekin firm, Ms Ogunde, wrote a letter via email to a multinational, Saipem, representing the firm as a leading and influential chamber which called the shots in Nigerian legal parlance and could influence outcomes in favour of clients by virtue of the Principal partner of the firm, chief Olanipekun’s giant status at the bar, coupled with his position as the Chairman of the Body of Bencher, (a body of legal practitioners of the highest distinction in Nigeria)

In the letter, the writer also, most unethically, offered the service of the firm to partner with current firm being engaged by the multinational on the strength of the aforesaid grounds.

The pertinent question here is “Is this letter unethical in accordance with the norms of the legal profession. Without mincing words, the answer is “YES”

The follow up question to the above, of course, is, “Is Chief Wole Olanipekun, SAN vicariously culpable for this unethical soliciting as a consequence of which he must be duly sanctioned?

The answer to this, on the basis of law, ethics, convention and commonsense is a much more nuanced affair.

To view the matter appropriately, objectively and without bias ,it is apposite to consider this second question under the following legal and quasi legal headings, viz, (1), the notion of prima facie prove of an indictment, (2) the concept of autre fois acquit (3) the scope of principal’s liability for agent’s action, (4) the dynamics of vicarious liability in common law jurisprudence, and lastly. (5) the concept of ethics. We may now briefly examine the case under these headings seriatim.

(1) The notion of prima facie prove of an indictment
Expectedly, when this matter became publicized, the Legal Practitioners Disciplinary Committee (LPDC), in due response to its statutory responsibility, promptly set up a Committee to ascertain if there is a prima facie case against Chief Olanipekun and Partners that ought to require, among other things, his stepping down from the chairmanship of the Body of Benchers. The Committee duly sat, examined the facts and the evidence in all details and entirety, and came to a conclusion that THERE WAS NO PRIMA FACIE CASE AGAINST CHIEF OLANIPEKUN and his PARTNERS.

The integrity of the Committee was never impeached on any ground, the NBA never formally questioned and or appealed the decision of the Committee, rather it accepted it by silenc. As lawyers we know the prima facie proof phenomenon is a principle developed to ensure that all frivolous, unfounded allegations and trumped-up charges are not allowed to engage the judicial machinery as this may lead to undue waste of time and displacement as worthy cases will be competing with frivolous ones for judicial attention.

Thus, all unfounded, ill-conceived and baseless allegations are meant to be caught in the web of prima facie scrutiny. This was exactly what happened in this case when the Committee refused to proceed against Chief Olanipekun and Partners on the grounds of a misdeed by a member of his reputed firm. More so when the said member had already confessed to her misdeed and contritely exonerated her principal and the firm from any involvement in her needless action.

Under the law, when a matter is said to lack substance prima facie, that, invariably is the end of it. The matter is never meant to be resuscitated under whatever guise, except new facts are presented, thus the present attempt by the NBA President who suddenly woke up from his deep slumber to resuscitate this matter seems incredibly aberrant of establish legal principles on prima facie proof phenomenon. If the NBA President has any personal grudges against Chief Olanipekun, we believe using the Presidency of the Bar to settle scores is an ill wind that will not blow the Legal profession any good.

(2) The concept of autre fois acquit

This point is a natural corollary to the point raised above. One of the fundamental principles in criminal jurisprudence is the right of the person accused to raise the plea of either autre fois acquit or autre fois convict. Under this, the person accused claims that the present proceedings against him should cease on the grounds that they have already been tried and acquitted (or convicted) in respect of the same facts or conduct. We contend here that the present allegation against Chief Olanipekun on the basis of facts already reviewed, evaluated and definitively pronounced on by the Sub -Committee set up by the LPDC is absolutely unwarranted. From the looks of things, it appears that the NBA President would probably have been happy if the said Committee had found that there was prima facie case against Chief Olanipekun and Partners .But because facts are sacred and not amenable to anyone’s whimsical discretion Maikyau and his group of detractors were utterly disappointed . In a nutshell, it is very difficult to comprehend the genuine basis of the NBA’s President’s resuscitation of this matter in the light of what had transpired till date.

(3) The scope of principal’s liability for agent’s action

Looking at this matter in another legal perspective. We may ask the question, “Shouldn’t Chief Wole Olanipekun SAN, be culpable if we construe the writer of the letter as his agent?” Under the law of agency, which is civil in nature an Agent of a disclosed Principal may subject his principal to vicarious liability. However, this construction is delineated by a number of factors viz; If the principal expressly consents to the act of his agent and stated the scope of the latter’s authority, then the person is deemed to be an agent and assumed to possess the warranted authority. The principal can also be deemed to have invested an agent with authority through his action, even if not specifically expressed. Any action done by the agent beyond the scope of the authority expressly or impliedly given to him or her is ultra vires and not binding on the principal save if the principal subsequently ratifies the action. The pertinent question now in the instant case is, “Can the writer of the email be deemed to be an agent of Chief Olanipekun as to warrant the latter’s culpability?”

The honest answer is a resounding “No”, a person does not automatically possess the right to represent the office he or she works for unless, expressly or implied given that authority to the knowledge of external party the person deals with. This means that the letter written by Ms. Ogunde can by no means be said to be representative of the true intents, position and stance of Wole Olanipekun SAN & Co, moreso when Ms Ogunde herself has come out to declare she acted on her own volition.

(4) The dynamics of vicarious liability in common law jurisprudence

It is a trite principle in criminal jurisprudence that every person is liable for his crime and nobody ought to be punished for crime committed by another person. The person who wrote the offending letter in this case is not a spirit, but rather a human being in flesh and blood. She has come out with a contrite heart that she committed the unethical behaviour on her own accord without prompting from any of the Partners in her Chamber. The Lady is a lawyer directly under the jurisdiction of the NBA and its LPDC which has the power to discipline her. Why for God’s sake should we insist that an innocent legal guru who has contributed to the development of legal profession be sacrificed along with the seemingly erring lady?

(5) The concept of ethics.

One of the highpoints in the NBA’s President’s letter is the innumerable references to ethics, which purportedly grounded his insistence that Chief Olanipekun must be subjected to another round of probe. But ethics is about doing justice to everyone; ethics would not allow anyone to be unduly punished on accounts of misdeed of others even if they are blood-related, not to talk of mere Partners working in the same office! It is unfortunate that a lot of people unashamedly mouth the mantra “ethics” even when they are engaging in design to bring other people down. Those who are genuinely concerned about ethics would never allow an innocent person to be unduly disgraced under the disguise of due process and contrived ethical concerns.

Conclusion

The present letter by the NBA President, unfortunately smacks of negative and invidious attempt to whip up unnecessary emotions in castigating a respected legal personage in the person of Chief Olanipekun. We have shown from the above submissions that the allegations cannot stand in the face of all aspects of pertinent laws and ethical considerations on the matter. Mr. Maikyau is advised to concentrate on programs that will take the NBA to greater heights rather than engaging on divisive, ill-motivated and disruptive agenda that will not only sabotage him but also capable of throwing the bar, over which he presides, into turmoils .

Mr Maikyau, in his letter, went to town on how to save the bar from scandal and how to condition the minds of the younger ones at the bar to the norms and ethos of the profession. Well said, but there is no more accurate and safer way to lead young lawyers into the norms of the profession than by abiding by the established legal principles. The young lawyers need to be convinced about what they had learnt in their law faculties regarding the sanctity of legal principles as evinced in autre fois acquit/convict. They need to see in practice that once a person has been acquitted, discharged and/or convicted of any offence there should be no more subsequent proceedings on the matter except where new facts emerges.

The young lawyers need to be convinced that the aphorism of “No vicarious liability” in criminal law is real and not only exist on the pages of their textbooks. They must also know, among other things, that ethics and justice go hand in hand and that nobody ought to be scandalized and mischievously brought down on the bases of what other persons do without their consent. If the NBA President’s view on this matter is entrenched, then nobody who has built and nurtured reputation anchored on hard work and enviable accomplishments will ever feel safe for the fear of being unfairly undermined by a Juda in the system.

It should also not go unnoticed by every fair-minded person the timing of this letter. The letter was dated December 4th, and asking Chief Olanipekun to recuse himself from presiding at the Call to Bar Ceremony commencing on December 6th, just 48 hours before the ceremony. That in itself is a confirmation of malicious intent!

In the final analysis, we wish to advise the NBA President to focus on the job he was elected to do and stop pandering to the dictate of his god father. Three Months after assuming office, Maikyau is still wandering in the sea of doubts unable to chart a direction for his Presidency. He enjoys the visibility which NBA Presidency confers on his person but lacks the capacity to start implementing his agenda. He seeks second level approval from his Predecessor for every steps he has taken so far and has shown that he is a Puppet in NBA house. The NBA President should desist from swimming in the murky water of bar politics in his own interest.

Mr. Muritala Oladimeji Abdul-Rasheed, SAN (a.k.a Murray) is a former NBA Publicity Secretary while Mr. Mutalubi Ojo Adebayo, SAN is a former Oyo State Attorney General

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The National Judicial Council (NJC) has reinstated Justice Rita Ofili-Ajumogobia as a judge of the Federal High Court.

A circular obtained by CITY LAWYER and signed by the Chief Judge of the Federal High Court, Justice John Tsoho stated that the reinstatement takes immediate effect, adding that there shall be consequential posting.

Dated December 5, 2022 and titled “Reinstatement of Honourable Justice RN Ofili-Ajumogobia to the Federal High Court Bench,” the 3-paragraph circular read: “Your Lordships are by this Circular letter notified that at the Meeting of the National Judicial Council held on the 1st of December, 2022, the Council reinstated the Hon. Justice R. N. Ofili-Ajumogobia as a Judicial Officer.

“The reinstatement takes instant effect and there shall be consequential posting.”

Justice Ofili-Ajumogobia was prosecuted by the Economic and Financial Crimes Commission (EFCC) on a 15-count charge bordering on money laundering and breach of public trust.

Justice Ambrose Lewis-Allagoa of the Federal High Court however discharged Ofili-Ajumogobia while granting her application to quash and dismiss the allegations. The application to quash was filed and argued by her counsel, Mr. Olawale Akoni SAN.

Akoni had told the court that the application was sequel to an order of Justice Binta Nyako of Abuja Division of the Federal High Court which quashed all the recommendations of the National Judicial Council (NJC).

Akoni also told the court that by virtue of the judgment of Justice Nyako delivered on November 28, 2019 in the suit between Ofili-Ajumogobia and NJC, the judge had quashed the council’s report and recommendations, and that Justice Ofili-Ajumogobia had been reinstated.

While ruling on the arguments and submissions by the parties, Justice Allagoa said: “I have looked at the application. I have also looked into the counter-affidavit of the prosecution; it is not indeed controverting the application.

“I am satisfied that the application has merit, the prayers sought for are hereby granted as prayed.”

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The Chairman of the Mentoring Committee of the Body of Benchers, Chief Joe-Kyari Gadzama SAN has welcomed the 4,711 new wigs to Africa’s largest Bar.

Saying that it was his pleasure to be a part of the Call to Bar ceremonies for the new wigs, Gadzama congratulated the new wigs that finished with excellent results and encouraged others to keep their heads up and focus on making marks in the legal profession.

Gadzama announced that the Mentoring Committee would soon commence a Mentoring programme where members of the Body of Benchers would mentor young lawyers of zero to 7 years post-call experience.

The programme would commence in the first quarter of 2023 with a session for members of the Body of Benchers (Mentors) to elucidate the guidelines and modalities for the Mentoring scheme. A similar session would be held for the prospective mentees afterwards.

He stated that the mentees would have the opportunity to give feedback on their Mentors and vice-versa. Afterwards, certificates would be issued to the participants.

He urged young lawyers to anticipate more information on the programme soon.

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