Akorede Habeeb Lawal
National Publicity Secretary

HON JUSTICE CENTUS CHIMA NWEZE: AN IROKO TREE HAS INDEED FALLEN

I received the news of the death of His Lordship, Hon. Justice Chima Centus Nweze, Justice of the Supreme Court, with great shock and sadness.

I am aware that His Lordship had been ill for the past few months, but didn’t realize that the illness was of a serious nature that would claim his life .

His death, coming barely a month after the passing on of his kinsman and brother, Hon. Justice R. C. Agbo, has left many of us who knew both jurists closely, completely devastated and heartbroken.

Hon. Justice Nweze was a year my senior at the University of Nigeria, Enugu Campus (UNEC). He was of 1983 set while I belonged to the 1984 set. We resided at the same Mazi Mbonu Ojike (GH) Hall. He was in Room G202 while I was in the next room, G204. CC, as he was fondly called, was a hardworking and industrious student. With his seminary background, CC mesmerized some of us who engaged in arguments with him with Latin phrases and idioms . He was a wordsmith extraordinaire, and I was therefore not surprised when he was appointed a judge of the Enugu State High Court in 1995, two years after another mutual friend, Justice Innocent Umezulike (former Chief Judge of Enugu State and now of blessed memory) was appointed to the Enugu State High Court bench.

On account of his industry and deep intellectual capacity, CC was elevated to the Court of Appeal in 2008 and from there to the Supreme Court in 2014.

In both courts, CC proved himself as a force to be reckoned with, moreso with his insightful, incisive and erudite judgments. CC was an admirer and follower of Niki Tobi JSC (now of blessed memory), and this reflected in his style of writing judgments. Reading his judgments was an opportunity to learn new words and phrases. You must have a dictionary beside you as you read through. He was indeed a wordsmith extraordinaire! His death is a colossal loss to the Nigerian Judiciary, the people of the South East Zone, Enugu State and the Catholic Church. CC Nweze JSC will be sorely missed.

My heart and prayers go to his dear wife, Hon. Justice Ugonne Jacinta Nweze of Enugu State Judiciary and the entire Nweze family of Obollo Afor, Udenu LGA. His death has left South East without any representation at the Apex Court. It started with the death of Hon. Justice Nwali Syĺvester Ngwuta in March 2021, followed by the retirement of Mary Peter-Odili JSC in May 2022 and now the demise of His Lordship CC Nweze, JSC. Earlier in 2021, another of our UNEC alumni, Oseji JSC also passed on after a brief illness.

The authorities should start looking seriously into the condition of service of our judicial officers particularly those at the apex court where the justices are working under serious stressful conditions that impact negatively on their health. A situation where the apex court is currently manned by about 12 justices out of the constitutionally provided 21 justices is a matter of grave concern. The appointing authorities should hasten up the process of filling the vacancies to reduce the workload on their lordships. There is no doubt that the work overload is seriously affecting the health of the justices .

Once again, I offer my deep condolences to the bereaved family and to Hon. Chief Justice of Nigeria on the death of this legal colossus, Hon. Justice Centus Chima Nweze. May his gentle soul rest in perfect peace, Amen.

Chief Emeka Ngige, SAN, OFR
Immediate Past Chairman, Council of Legal Education

MAZI AFAM OSIGWE, SAN, MOURNS THE DEATH OF JUSTICE CHIMA CENTUS NWEZE OF THE SUPREME COURT

I am deeply saddened to learn about the passing of Justice Chima Centus Nweze of the Supreme Court, which occurred on Sunday, 30th of July, 2023. Justice Nweze was a distinguished and respected member of the legal fraternity, and his untimely demise is an immense loss for the entire nation.

Throughout his illustrious career, Justice Nweze exemplified the highest standards of professionalism, integrity, and judicial wisdom. His profound knowledge, unwavering dedication, and remarkable contributions to the field of law have left an indelible mark on our legal system. His commitment to justice, fairness, and upholding the rule of law was commendable and admired by many.

Beyond his legal expertise, Justice Nweze was known for his compassion, humility, and unwavering commitment to serving society. He was a beacon of hope for those seeking justice and a voice for the marginalized and oppressed.

During this time of profound grief, I offer my sincerest sympathies to his family, friends, colleagues, and all those whose lives he touched. May you find solace and strength in the cherished memories you shared with Justice Nweze. May his soul find eternal peace, and may his legacy continue to inspire and guide us in our pursuit of justice.

ANNOUNCEMENT!!!

It with deep sadness that I announce the passing of Justice CC Nweze, JSC.

Please let’s remember his family in our thoughts and prayers at this sad and difficult times.

As it is customary, we will be observing the initial 3 day mourning period from Monday 31st July through to Wednesday 2nd August.

I will like to implore us to please be circumspect with all our posts during this period.

May Justice Nweze’s soul rest in peace and may the Lord comfort his family.

Many thanks for your cooperation.

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There are strong indications that Justice Chima Centus Nweze of the Supreme Court of Nigeria may have died due to complications arising from a collapsed organ.

CITY LAWYER gathered that Justice Nweze, adjudged as one of the most cerebral jurists on the Supreme Court Bench in the mold of celebrated Justice Chukwudifu Oputa and Justice Kayode Eso among a few others, died on Saturday in an Abuja hospital.

A senior lawyer who was close to the foremost jurist told CITY LAWYER today that Justice Nweze had complained to him about being unwell. An unconfirmed report stated that the jurist slipped into coma about four months ago.

Though it has been reported that his illness was one of the factors that led his colleagues at the Supreme Court to rebel against erstwhile Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad, CITY LAWYER could not independently confirm the report.

With his demise, the South East Zone presently has no representation at the Supreme Court bench.

Justice Nweze is better known for his dictum in the controversial Supreme Court judgment which sacked former Imo State Governor Emeka Ihedioha. In a dissenting 1-6 judgment, Nweze had warned that “The decision of the Supreme Court in the instant matter will continue to haunt our electoral jurisprudence for a long time to come.” Ihedioha had brought an application urging the apex court to reverse its January 14, 2020 decision which returned Governor Hope Uzodinma as the duly elected governor of Imo State.

Though his profile among justice sector stakeholders peaked with that famous dissenting judgment, it seemed to have nose-dived when he led a sharply split 3-2 Supreme Court panel to dump Bashir Machina out of the Yobe North Senatorial race in favour of erstwhile Senate President Ahmad Lawan.

CITY LAWYER gathered that he and Justice Raphael Agbo who died on July 3 this year both worked as private legal practitioners in the chambers of legal luminary, Dr. Michael Ezeugwu Ajogwu SAN.

According to a Supreme Court profile obtained by CITY LAWYER, Justice Nweze, a native of Obollo, Udenu Local Government Area of Enugu State, was born on September 25, 1958. “A practising Christian of the Roman Catholic Denomination, he is married to Hon. Justice Ugonne Jacinta Nweze of the Enugu State Judiciary. Their union is blessed with five children and a grandchild.

“He attended St John Cross Seminary, Nsukka, from 1972 -1977, emerging with a Distinction in the West African School Certificate Examination, [WASCE]. Between 1979 – 1983, he was an undergraduate student at the University of Nigeria, Enugu Campus. In 1983, he represented the Faculty of Law, and indeed, all Nigerian Law Faculties, at the Phillip Jessup International Law Moot Court Competition in Washington DC, as the Chief Oralist. Upon his graduation in 1983, [LL. B. (Hons) (Nig.)], he proceeded to the Nigeria Law School, from 1983 – 1984, where he obtained the qualifying Certificate, [BL]. He did his NYSC between 1984 – 1985 in Bauchi.

“Subsequently, he returned to the University of Nigeria, Enugu Campus, between 1993 – 1995, where he studied for, and obtained, the Master of Laws Certificate, [LL. M]. Between 1997 – 2001, he studied for, and achieved, the Doctorate Degree [Ph. D.] of the same university, the University of Nigeria.

“Having practised at the private Bar from 1985 – 1995, he was elevated to the High Court Bench of Enugu State in November, 1995. While on the High Court Bench, he served as Chairman, Second Robbery and Firearms Tribunal, Enugu State, 1996 -1998; Chairman, Robbery and Firearms Tribunal, Nsukka, 1998 -1999; Member, Ondo State Local Government Election Petition Tribunal, 1999; Chairman, Ogun State Governorship and Legislative Houses Election Petition Tribunal, 1999; Administrative Judge, Nsukka Judicial Division, Enugu State, 2001. He was appointed a Justice of the Court of Appeal of Nigeria, February 15, 2008; and served thereat until October, 2014, when he was, finally, elevated to Nigeria’s apex court as a Justice of the Supreme Court of Nigeria, October 29, 2014. He has been on the Bench of the Supreme Court from October, 2014 – Date.”

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The Acting Inspector-General of Police, IGP Kayode Egbetokun has set up a “Schools Protection Squad (SPS)” to enhance security and safety in educational institutions across Nigeria.

A statement by Force Public Relations Officer, CSP Olumuyiwa Adejobi noted that the “official launch and training event is scheduled to take place on 9th of August 2023, with the participation of 250 individuals drawn from various sectors, including the presidency, executive, judiciary, legislature, security agencies, civil society organizations, media, school administrators, unions, and other stakeholders.”

Below is the full text of the statement.

PRESS RELEASE

AG. IGP SETS UP SCHOOLS PROTECTION SQUAD, LAUNCHES STANDARD OPERATING PROCEDURE HANDBOOK FOR SAFE SCHOOLS PROGRAMME

The Acting Inspector-General of Police, IGP Kayode Adeolu Egbetokun, Ph.D., NPM, as part of his policy geared towards security of lives and property, most especially safety of schools and students, has announced the establishment of the Schools Protection Squad (SPS), a proactive initiative aimed at enhancing security and safety in educational institutions across Nigeria. In furtherance of the safety drives, the IGP has also concluded plans to launch a comprehensive Standard Operating Procedure (SOP) handbook for the Safe Schools Programme. The official launch and training event is scheduled to take place on 9th of August 2023, with the participation of 250 individuals drawn from various sectors, including the presidency, executive, judiciary, legislature, security agencies, civil society organizations, media, school administrators, unions, and other stakeholders.

The Schools Protection Squad (SPS) is a specialized unit within the Nigeria Police Force tasked with drawing up policies and engaging relevant stakeholders to ensure the safety and protection of students, teachers, and school infrastructure. The squad will be equipped with relevant assets and advanced training to effectively respond to security challenges facing educational institutions.

The launch of the Standard Operating Procedure (SOP) handbook for the Safe Schools Programme is an integral part of the initiative. This comprehensive handbook outlines the best practices and guidelines for securing schools, risk assessment, emergency response protocols, and collaboration between various stakeholders. The SOP will serve as a crucial reference for educational authorities, security agencies, and other participants involved in the Safe Schools Programme, empowering them to take coordinated and effective measures in ensuring the safety and protection of schools.

The Inspector-General of Police hereby calls on all relevant stakeholders to actively participate and support the initiative for the safety and general well-being of our educational assets in Nigeria. The IGP similarly believes that through collaborative efforts and a united approach, Nigeria can build a robust education system that guarantees a secure and conducive learning environment for every child.

CSP OLUMUYIWA ADEJOBI, mnipr, mipra
FORCE PUBLIC RELATIONS OFFICER,
FORCE HEADQUARTERS,
ABUJA.
31st July, 2023

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A Lagos High Court sitting in Ikeja has delivered judgement in favour of the widow of late Igbo leader and Ikemba Nnewi Dim Chukwuemeka Odumegwu Ojukwu and her children in a case involving the management and control of some assets belonging to Ojukwu Transport Ltd (OTL). OTL is the family company of which Ojukwu was a Director prior to his death.

The Defendants in the suit are Ojukwu Transport Limited, Prof. Joseph Ojukwu, Engr. Emmanuel Ojukwu, Lotanna Putalora Ojukwu, and Dr. Patrick Ojukwu. Others are Arc. Edward Ojukwu, Lota Akajiora Ojukwu, Massey Udegbe (doing business under the name and style Massey Udegbe & Company), and West Africa Offshore Limited.

The suit was filed by the ex-beauty queen on October 9, 2012 on behalf of her two sons Afamefuna and Nwachukwu, who were then infants, against Ojukwu Transport Limited (OTL) and eight other defendants including the brothers of the late Dim Ojukwu, their sons and the property agent, Massey Udegbe of Massey Udegbe & Company.

Delivering judgment in the case, Justice Abdulfatah Lawal held that the claimants are entitled to the possession and occupation of the property known as No. 29 Oyinkan Abayomi Drive (formerly Queens Drive) Ikoyi, Lagos, until the harmonization of the management of the assets of the 1st defendant company.

The judge held that the threat of forceful ejection of the Claimants from No. 29 Oyinkan Abayomi Drive, Ikoyi, Lagos by the defendants is illegal, adding that the Claimants are also entitled to possession of the properties known as No 13 Hawksworth Road, Ikoyi (now known as No. 13 Ojora Road, Ikoyi); No. 32A Commercial Avenue, Yaba, Lagos; No. 30 Gerard Road, Ikoyi, Lagos and No. 4 Macpherson Ave, Ikoyi, Lagos.

According to the court, these were some of the properties that were under the possession of the deceased father of the Claimants since the properties were released from Government acquisition.

The court also restrained the 2nd to 8th Defendants either by themselves or through their agents or privies from interfering with the Claimants’ possession and control of the five listed properties, being the subject matter of the suit.

The court held that being the biological children of the late Dim Chukwuemeka Odumegwu Ojukwu, the claimants are entitled to the estate of their father as well as his entitlements as a deceased director and shareholder of the 1st defendant.

Justice Lawal held that as a court of equity, it would not allow the dispossession of claimants who are children of a foundation director of the company while other directors are in possession and control of other properties of the 1st defendant and deriving benefits from the same.

Accordingly, the claimants are entitled to possess and control what their late father possessed and controlled in the company (OTL) when he was alive. It was the court’s observation that the fact that the 1st defendant allowed the family of the company to live on and derive income from the assets of the company all these years is a decision of the company by conduct.

The court held that the 2nd defendant who had refused to surrender the properties under his control for joint management could not now lead the battle of dispossessing the deceased director’s children from the properties that were managed by their late father, adding that “This act is enough to make the dead Chukwuemeka Ojukwu shivers (sic) in his grave,”

Justice Lawal also struck out the counter-claim instituted by the defendants for lack of competence.

CITY LAWYER recalls that Bianca had dragged the defendants to the Lagos State High Court, praying the court to declare that the threat of forceful ejection from No. 29 Oyinkan Abayomi Street, Ikoyi, Lagos by the defendants until the harmonisation of the assets of OTL was illegal.

She also prayed for a declaration that her children are entitled to possess the following properties, namely: No. 13, Hawksworth Road, Ikoyi (now known as No. 13, Ojora road); No. 32A Commercial Avenue, Yaba, Lagos; No. 30 Gerard Road, Ikoyi, Lagos and No. 30 McPherson Avenue, Ikoyi.

The claimants stated that throughout the period their father was struggling to retrieve the properties from the government, the 2nd to 7th defendants “never played any role in the struggle, nor contributed financially or otherwise to the realisation of the struggle.”

The claimants stated that around August 4, 2011 while their father, Dim Chukwuemeka Odumegwu Ojukwu was sick and hospitalized in London, the 4th to 7th defendants attempted to forcibly take possession of their home at No. 29 Oyinkan Abayomi Drive (formerly Queens Drive), Ikoyi, Lagos.

They stated that after the death of their father and soon after his burial, the 2nd to 7th defendants went on to appoint a property agent, the 8th defendant, to take over not only their father’s residence at Oyinkan Abayomi Drive but also other properties under the possession, management and control of their late father.

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A YEAR AFTER MY ONE MONTH INCARCERATION FOR “CONTEMPT OF COURT”: JUSTICE YET TO BE SERVED.

Exactly one year ago, precisely on July 27, 2022, I was remanded in the Correctional Centre (prison) for one month by the Chief Judge of Akwa Ibom State, His Lordship, Hon. Justice Ekaette Fabian-Obot, for alleged contempt of court.

The Chief Judge never gave me the opportunity to defend myself. I was not put in the dock. I was not tried. No charge was prepared against me or read to me. No opportunity was given to me to say anything.

I flew into Uyo from Abuja the previous day to represent Leo Ekpenyong, Esq. in two libel suits filed by the immediate past governor of Akwa Ibom State, Mr. Udom Emmanuel and Senator Effiong Bob.

I arrived the court that historic morning in company of my colleague, Augustine Asuquo Esq, hoping to offer my professional services to my client as required of me. However, it was obvious that the agenda for the day was specifically to send me to prison for daring to file applications asking the Honourable Chief Judge to recuse herself from the two libel cases on grounds of bias or likelihood of bias.

Before that day, His Lordship had threatened to send me to prison and had called me the most unprintable names imaginable. One would have thought that when the impartiality of a court is being challenged by way of an application for recusal, the court should stay action on every other matter and determine such an application which goes to the very heart and foundation of our justice system.

In this case, I filed the two motions for refusal on the 23rd day of June, 2022. The two cases came up on the 24th day of June, 2022; and the 29th day of June, 2022 and again on the 27th day of July, 2022.

If the excuse for ignoring the motions on 24th and 29th June, 2022 was that they were not ripe for hearing, what was the excuse for not taking the applications on the 27th July, 2022? Should a court continue with hearing of the substantive case when there is a pending motion calling into question the neutrality of the court? I will leave this question for the courts, and possibly the National Judicial Council (NJC) to decide.

Anyone who has concerns on whether these motions for recusal were well founded in law and in facts, should kindly take time and read through the said motions and examine the grounds and evidence in support thereof.

Before I filed the motions, I wrote to the Hon. CJ and pleaded with My Lord to reassign the two cases which had the same facts. My Lord in her wisdom refused to accede to my request.

Part of the grounds of the two recusal applications was that my Lord had previously entered default judgments and awarded damages against my client in favour of Mr Udom Emmanuel and Senator Bob to the tune of N1.5 billion and N150 million respectively.

I filed separate applications asking the court to set aside the default judgments. The court after very problematic proceedings, agreed that the judgments violated my client’s right to fair hearing. But in setting aside the judgments, His Lordship descended heavily on my person in a way that I couldn’t comprehend.

My thinking, which formed part of the grounds of the motions for recusal, was that since it is the practice that when a judgment is set aside, the case usually starts de novo before another judge, it was better for the cases to be reassigned. This is because the mind of the court may have been prejudiced, notwithstanding that the said judgment has been set aside.

Another ground of the applications was that my client felt extremely scared after my Lord attended the wedding of the daughter of Senator Effiong Bob during the pendency of the two libel cases which arose from the same alleged online publication (a publication my client vehemently denied) with identical pleadings, witnesses and representation. There is video evidence of this. This is one of the issues the NJC should look into; whether it is proper for a judicial officer to associate with a litigant in that manner during the pendency of a contentious matter?

Another ground related to repeated aspersions cast on my person by His Lordship. These facts are there for the whole world to see.

It was as if I deserved death for filing the recusal motions.

Immediately my Lord entered the courtroom on July 27, 2022, his Lordship ordered the court’s orderly to go outside and bring in armed policemen into the courtroom. The atmosphere in the court became more tensed than it has ever been. Counsel on both sides waited for the orderly and the armed policemen to come inside the courtroom before appearances could be announced.

Soon afterwards, two mobile policemen with AK47 rifles entered inside the courtroom and sat directly behind me.

Throughout my 5 years in the Faculty of Law, University of Uyo, and 1 year in the Nigerian Law School, Lagos Campus, my lecturers never taught me that armed men with assault rifles can be allowed inside the courtroom. Since my call to the Nigerian Bar, I have appeared before inferior and superior courts of record across the country and I have never seen policemen or anyone with assault rifle inside the courtroom. I have always thought that the courtroom is a solemn place.

Immediately we announced our appearances, I again drew His Lordship’s attention to the pending motions for recusal, but my Lord as usual shouted me down and ordered the Claimant’s witness into the witness box for continuation of cross examination. I did not argue. I obeyed, and resumed cross examination from where I stopped on the last adjourned date.

I was going to the third question when His Lordship interjected me and ordered a journalist from Premium Times, Saviour Imukudo, to stand up. His Lordship asked him who he was and he introduced himself. Immediately he mentioned Premium Times, His Lordship ordered that his phone be seized and that he should be taken outside and be detained. His editor had to come to plead for his release. Apparently, this was the second time this particular journalist, who was consistent in covering and reporting the two cases, would be sent out from the courtroom by My Lord.

What was I supposed to do as a Minister in the Temple of Justice in the circumstance?

My thinking was that I had a duty to the profession to respond to what I considered a regrettable development in the courtroom. I addressed the court on the expulsion of the journalist and told his Lordship that since the Constitution guarantees publicity of trial, that journalists and indeed members of the public, should be free to access the court and observe proceedings. My Lord was infuriated and said that it was His Lordship’s court, and that except I was the one who brought in the journalist to smear her reputation, I should mind my business.

I simply kept quiet on the issue of the journalist.

However, I used that opportunity to draw the attention of the Court to the presence of the armed mobile policemen behind me, and told His Lordship that their presence had created hostility in the courtroom and that it was not consistent with the norms of the legal profession to have armed men inside the courtroom. I pleaded with the court to direct them to exit the courtroom.

His Lordship rejected my entreaties.

I then decided to make a formal application for the policemen to be ordered to vacate the courtroom. Immediately I said “My Lord, I am now applying formally…”, my Lord picked a pen and started writing what I wrongly assumed was my formal submission on the impropriety of having armed policemen with assault rifles inside the courtroom.

Unknown to me, it was my committal order that My Lord was writing and not my submissions.

I was still on my feet addressing the Court, when the Honourable Chief Judge said: “you there, step out of the Bar”. My Lord did not even refer to me by name, but I knew the order was for me. I was stunned, confused and speechless. Immediately I recovered from the momentary confusion that enveloped me, I stepped out of the Bar.

The next comment My Lord made was “Derobe yourself”.

I admit that I did not comply with this order immediately. I rather told His Lordship that if I derobed, I would no longer be able to address the court as counsel. I was expecting some explanation on why a lawyer should derobe while addressing the court. At no time did my Lord say anything about contempt or suggest that I was about to be committed for contempt. When My Lord did not respond to my position that I will not be able to address the court if I derobed, I removed my wig.

His Lordship then read out the pre-written order committing me to one month imprisonment. At no time did His Lordship say anything about contempt or my conduct or about my comment being contemptuous. The issue of contempt never came up. The only time the word contempt was used was when the pre-written committal order was read out.

The then governor’s lawyer, Mr Samuel Ikpo, a senior lawyer who came out after my committal to tell fictional stories to the media in order to scandalize me, did not utter a word in court while this was playing out. He said nothing. He did nothing. He just sat there looking stunned; possibly shocked by the development (if indeed he was shocked).

It was during my stay in the Correctional Centre that I heard that it was stated in the record of proceedings that I, Inibehe Effiong, insulted the Chief Judge.

It was even reported that I pointed at the Chief Judge and banged on the table.

All that I can say today is, if there is a God in Heaven that rules over the affairs of men, may I, Inibehe Effiong, never succeed in life. May curse be upon me and my entire unborn generations if I ever pointed my hand or finger at the Chief Judge or if I banged on the table as it was reported a year ago or if I even told the Chief Judge that the proceedings will not continue except the journalist was brought back to continue his work.

May adversity never depart from me and my household if I did these things.

But if these accusations against me are false, may God not allow those who lied against me to escape misery. May their generations suffer worse injustice and victimization, and may darkness never depart from their households. I am making these supplications because what really offended and still hurts me deeply till date, is not the fact that I was imprisoned. But the lies that were told in a desperation to justify my imprisonment.

It took 21 days before what was presented to the world as record of proceedings could be made available. This is a document or just 4 pages. Yet, it took 21 days to produce it. I won’t say more on this.

Even after I had served my full term, efforts were made to frustrate me from pursuing my appeal at the Court of Appeal. The case file was not made available on time for compilation of records. When it was made available, record of the case and certain documents suddenly developed wings. In the end, I was only able to do self-compilation out of time. The motion to regularize same is still pending without a date for hearing (yet).

I weep for the legal profession in Nigeria!

I am a victim of injustice of the Nigerian Judiciary.

But I still believe firmly that the same Judiciary will absolve me. But like Fidel Castro said, in the end, history will absolve me. I have helped many people in this country to get justice through our courts. But in a moment, I felt that that justice in Nigeria was a mirage. Despite what I went through a year ago, my faith in our court system has not died.

Some people may wonder why it is necessary for me to pen this down today. Well, I am mindful of the verdict of history.

It is also important for me to notify members of our noble association, the Nigerian Bar Association (NBA), that despite the resolution passed by the National Executive Committee (NEC) of the NBA for my case to be taken before the National Judicial Council (NJC), the current President of the Bar quite unfortunately, has abandoned me to my fate and completely forgotten about my travails.

When I was released, I wrote officially to Mr. Y. C Maikyau SAN, to thank the entire National leadership of the NBA for standing by me during my ordeal. The President replied at the time and directed me to send him a written brief on my case.

I delivered a detailed written brief of 16 pages, with not less than 14 attached documents in prove of its content to the President on 4th October, 2022.

Ten months after I submitted the brief, the President of the NBA has neither contacted me (directly or indirectly) nor taken any action (to my knowledge) on my case. I was later told informally not to bother because Mr. President had no interest in pursuing my matter. That he wondered why his predecessor, Mr. Olumide Akpata, did not submit the petition to the NJC before leaving office. I only wish Mr. President had informed me officially, that his administration would not follow through with the resolution passed by the NBA NEC led by Mr. Olumide Akpata. It would have afforded me closure and enabled me to decide whether to pursue the matter at the NJC on my own or not.

I just want lawyers in this country to know that this is not about one lawyer by name Inibehe Effiong. This is about a dangerous precedent for the legal profession and legal practice. Tomorrow is pregnant.

Injustice to one, is injustice to all.

I want to once again, publicly express my eternal gratitude to Mr. Femi Falana, SAN who has been a mentor and a father figure to me even before my call to the Nigerian Bar. He has done for me what I can never repay him for. I am also grateful to Mr. Olumide-Fusika SAN, Mr. Ebun Adegboruwa SAN, Mrs. Funmi Falana, the current Chairman of SPIDEL Mr. Aikpokpo-Martins, immediate past Chairman of SPIDEL Mr Monday Ubani, Mr Olakunle Edun, Femi Adeborisada, Nsikak Akai Esq, my dearest colleague in chambers, Augustine Asuquo, and other members of my legal team who have stood by me.

As for Mr. Olumide Akpata, I wonder what would have happened if you were not the leader of the Bar when I was incarcerated? Who would have spoken out for me, especially given that the leadership of the NBA branch in Uyo had openly sided with the Government of Akwa Ibom State and didn’t even care to pay me a visit. The leaders of the Uyo Branch of the NBA sold me out and I want history to record this. But for the National Leadership of the Bar, my legal team led by Mr Falana SAN, lawyers and activists of conscience, I would have been left completely vulnerable.

I was never bothered about my incarceration. It is a price that I had to pay for seeking to uphold the very sanctity of our judiciary. But I was worried about my image being slandered without anyone available to defend the truth of what transpired.

Dear Mr. Olumide Akpata, if you come across this press statement, please, know that I am forever in your debt. I recall that the corrupt political actors in Akwa Ibom, who have always hated my advocacies and public criticisms of their misrule, were so relieved when you left office. They told me in different fora that the support the NBA National under your leadership gave to me will end with your tenure. Some of the pro-government leaders of the Bar in Uyo publicly insulted you at their Branch meetings and questioned why you should intervene in my case. But you remained consistent till the last day of your tenure.

May God bless you, Mr. Akpata.

I thank the Nigerian civil society, the human rights community, the NLC, Mr. Chidi Odinkalu, Richard Akinola, Sowore, Abdul Mahmud, Deji Adeyanju, Agba Jalingo, Firsts Baba Isa, Rinu Oduala, Aisha Yesufu, SERAP, etc, the media and other conscientious Nigerians for many editorials and public condemnations of the injustice that was done to me.

It is only in standing up for those who are not in position to stand up for themselves, that humanity is preserved.

History will vindicate the just.

Signed:
INIBEHE EFFIONG, ESQ.
July 27, 2023.

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Former Nigerian Bar Association (NBA) General Secretary, Mazi Afam Osigwe, SAN has commended the leadership and members of NBA Ilorin Branch on their 2023 Law Retreat.

Osigwe, who is also the Chairman of the NBA Annual General Conference (AGC) Planning Committee, equally congratulated NBA Osogbo Branch on the successful election and inauguration of its new Executive Committee.

Below are the full texts of the statements.

Mazi Afam Osigwe, SAN extends heartfelt felicitations to the esteemed members and leadership of the Nigerian Bar Association, Ilorin Branch, on the auspicious occasion of the 2023 Law Retreat.

Addressing the attendees as a distinguished guest and chairperson of the panel session on Lawyers’ welfare, the Learned Silk emphasized the paramount importance of prioritizing the welfare of lawyers within the Nigerian Bar Association. While acknowledging that the NBA may not be capable of fulfilling all the needs of lawyers, he underscored the association’s role in creating an enabling environment for lawyers to thrive in their legal practice.

Furthermore, he highlighted certain key areas that can significantly contribute to safeguarding the welfare of lawyers. Among these, ensuring strict compliance with the remuneration order and vehemently fighting against any form of injustice faced by lawyers stand out as crucial steps. By addressing such issues, the NBA can play a pivotal role in guaranteeing the welfare and well-being of its members.

The Learned Silk expressed his gratitude to the leadership of the Ilorin Bar for extending the invitation to speak at the event. He conveyed his best wishes for a fruitful and productive deliberation during the Law Retreat, wherein important matters concerning the legal profession and the welfare of lawyers would be discussed.

MAZI AFAM OSIGWE, SAN CONGRATULATES THE NEW LEADERSHIP OF NBA OSOGBO BRANCH

I extend my warmest congratulations to the entire NBA Osogbo Branch on the successful election and inauguration of their new EXCOs.

Special Congratulations to the Chairman, Lion Saheed Olayemi Abiola. This great occasion marks not only a significant milestone for your esteemed Branch but also a witness to the dedication and trust your members have placed in you by electing you. It is through such democratic practices that a Branch thrives and continues to be a beacon of professionalism.

As the new leaders take on their responsibilities, I am confident that they will uphold the values and principles that have been the cornerstone of NBA Osogbo Branch.

May your inauguration herald a new era of progress and collaboration, bringing forth a brighter future for the NBA Osogbo Branch.

Congratulations

Mazi Afam Osigwe, SAN

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Barring any earth-shaking circumstances, former Solicitor-General and Permanent Secretary in the Lagos State Ministry of Justice, Mr. Lawal Mohammed Alade Pedro SAN is set to be named the next Attorney-General & Commissioner for Justice for Nigeria’s economic capital.

CITY LAWYER recalls that Pedro is one of the nominees whose names were sent by Lagos State Governor Babajide Sanwo-Olu for approval by the State House of Assembly. He is to replace Bar Leader and former Lagos State chief law officer, Mr. Moyosore Onigbanjo SAN.

Pedro’s imminent emergence has attracted excitement among some justice sector stakeholders, with one commentator saying: “My Learned Silk Moyo Onigbanjo SAN was a very vibrant and successful AG. We were witnesses to some of the reforms. All Successive AGs in Lagos from (Prof.) Yemi Osinbajo SAN, Supo Shasore SAN, Ade Ipaye, to Adeniji Kazeem SAN and now Moyo Onigbanjo SAN have been phenomenal and role models to other AGs of States and even AGFs. I don’t support mediocres. I recognise excellence when I see it. If all state AGs have done half (of) what they did, Nigeria wouldn’t be where it is. I celebrate Lawal Pedro SAN because he was part of the success that most of them could boast of.”

Pedro was born in the Campos, Brazilian Quarters area of Lagos State to the families of Libento Momoh Pedro and Ojutiku-Ambose Branch of Akinsemoyin Royal Family.

He attended Christ Church Cathedral Primary School, Broad Street, Lagos where he obtained the First School Leaving Certificate; Anwar-Ul-Islam College Agege, Lagos (formerly known as Ahamadiyya College, Agege) and Methodist Boys High School, Lagos where he obtained his West African School Certificate and Higher School Certificate respectively.

He obtained his Law degree from Ahmadu Bello University (ABU) with a Second-Class Upper honours degree in 1985, and was called to the Bar in 1986 after attending the Nigerian Law School. He had his mandatory national service (NYSC) as a Legal Officer in the Ibadan Western Regional Office of First Bank of Nigeria Plc. Thereafter, he cut his teeth as a private legal practitioner in the law office of Dele Akinmusuti & Co.

Pedro joined the Lagos State Ministry of Justice in December 1987 and worked in various directorates before being elevated to the position of Director of Civil Litigation in 2006. He held the position until he was appointed the Solicitor General of Lagos State and Permanent Secretary of the Lagos State Ministry of Justice in April 2008. In recognition of his contributions and dedication to the legal profession in Nigeria, Pedro was elevated to the Inner Bar as a Senior Advocate of Nigeria (SAN) in December 2008.

He served as Head of Prosecution of many high-profile criminal cases in Lagos State between 2008 and 2015 up to the Supreme Court. Pedro retired from the Lagos State public service in August 2015 to return to private legal practice as Principal Partner in the law firm of Lawal Pedro SAN & Associates, with offices in Lagos and Abuja.

Pedro is a fellow of the Chartered Institute of Arbitrators (Ciarb) Nigeria Branch, an examiner of the Institute of Arbitrators Nigeria, and a certified Mediator (CEDR). He is also an author of various published legal texts including Jurisdiction of Courts in Nigeria, Nigeria’s Quest for Egalitarian Federalism, and Contemporary Issues in Nigeria Constitutional Law (Contributor).

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The Nigerian Bar Association (NBA) Lagos Branch held its Annual General Meeting (AGM) last Friday leading to the inauguration of a new Executive Committee to replace the Ikechukwu Uwanna Administration which has been adjudged by many stakeholders as hugely successful.

Below is the text of the inaugural address by the new branch chairman, Mr. Olabisi Makanjuola.

Inaugural speech of Olabisi Makanjuola Chairman NBA Lagos Branch delivered today 28 July 2023

1. Learned Senior Advocates here present, esteemed colleagues, ladies and gentlemen, and our honored guests.
2. On behalf of my executive members and myself, I thank you for gathering here today to witness this historic moment as I stand before you, humbled and grateful, to accept the honor of leading the premier bar for the next two years. I am truly thankful for the trust and confidence reposed in me to lead this esteemed organization.
3. I want to express my heartfelt appreciation to all those who have supported me in this journey, including my family, distinguished members of our great branch and colleagues at Olaniwun Ajayi LP. You all made this your project and surprised me with your commitment to the dream. Your faith in me is truly humbling, and I am honored to serve. I acknowledge my late wife Amal, and my immediate line Partner Dr Khruschev Ugochukwu Kelvin Ekwueme, both of whom stood by me and invested in me. I know you both are looking down with joy at the achievements of today. You both invested much into this dream which is now a reality. May your gentle souls continue to rest in peace. Amen.
4. Before we proceed, I will like to take a moment to express our heartfelt gratitude to my predecessor, His Excellency, Mr. Ikechukwu Uwanna, the Honourable Attorney General of Abia State, for his dedicated service and exemplary leadership during his tenure. Mr. Uwanna’s commitment to the advancement of the legal profession and his tireless efforts in strengthening the Premier bar has laid a solid foundation for us to build upon. We acknowledge his contributions, and I extend my sincere appreciation for his guidance and support.
5. As we embark on this new chapter together, I cannot help but feel a sense of excitement and responsibility. We stand on the cusp of a remarkable transformation, and I am committed to making the most of this opportunity to bring about positive change and progress to the premier bar.
6. During my campaign, I shared a vision for this branch elevating standards- a new deal. A vision of a premier bar that sets a new standard not only for lawyers but for all professionals. Today, I reaffirm that commitment. Our journey towards excellence begins now.
7. To achieve this vision, we must unite as a formidable team, working hand in hand, embracing our diverse perspectives and experiences. Together, we will forge ahead, leveraging our collective talents and relationships to overcome challenges and seize opportunities.
8. One of our key priorities will be to finalize the construction of the bar center, creating a state-of-the-art hub for legal professionals to collaborate, learn, and grow. This center will serve as a testament to our commitment to excellence and provide a fitting space for the advancement of our profession.
9. We plan to deploy cutting-edge technology to monitor court sittings, thereby promoting efficiency and transparency in our judicial processes. Empowering our members is at the heart of our administration. We are also finalizing plans for secondment of deserving members of our branch to partner law firms within and outside Nigeria which will offer valuable opportunities for professional growth and global exposure.
10. Pursuant to Section 8(1)b of the Uniform Bye Laws for Branches, the following members have been co-opted into the Executive Committee; Moshood Abiola, Olanrewaju Obadina, Uchenna Ogunnedo-Akingbade, and Mercy-Grace Princeley. The fifth co-opted member which shall be the Chairman of the Young Lawyers Forum of the Branch will be announced as soon as the forum is constituted.
11. Additionally, we are committed to giving our members the best experience at the forth coming Annual General Conference in Abuja, where we can collectively engage in meaningful discussions, exchange ideas, and network with colleagues from all over the country. The Executive Committee is already working to partner with Airlines and Hotels in Abuja to get subsidized rates for our members and we plan to announce the fine details in the next few days so that our members can start making their plans.
12. Arrangements are also in top gear for the participation of both our male and female football teams in the football competition of the AGC. We would recall that our female team is the defending champions as they won the inaugural competition last year. The male team also won two years ago and the aim is to recapture the trophy. In doing this, we are speaking to potential sponsors to brand both teams at the AGC. Preparation for our Lagos party as we have traditionally had at the AGC is also on course and it promises to be exciting.
13. To hit the ground running, the following Committees have been constituted;
    a. Annual General Conference Planning Committee headed by Enyinnaya with the Vice Chair, Esther Jimoh as a Co-Chair,
    b. Security Agencies Relationship Committee to be chaired by Bob C. Ijioma and Mr. M. A. Animashaun as Vice Chair; and
    c. 2023 Annual Bar Dinner Planning Committee to be chaired by Adeleke Alex-Adedipe.
14. In closing, let us remember that our work as lawyers is not merely a profession; it is a calling, a responsibility to serve the cause of justice and to defend the rights and liberties of our fellow citizens. I am dedicated to leading this remarkable branch, and I promise to give my all in service to you, our noble profession, and the community we serve.
15. Together, let us unleash the potential of the premier branch, redefine the practice of law in Nigeria, and shape a brighter future for our profession, our members, and our beloved country.
16. Thank you, and God bless you all.

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PRESS CLIPS

NBA PUBLICITY SECRETARY LAUNCHES SPECIAL AGC NEWSLETTER

Distinguished Colleagues,

The AGC is upon us already and we are sure you are already making preparations to attend. We all know it’s a vacation of some sort for Nigerian lawyers and this year’s conference will be a conference like none. It will be a perfect blend of knowledge and fun.

To ensure you do not miss out on the many offerings of the conference, your National Publicity Team and the AGCPC Content Creation Team will regularly send you a summary of the news items you shouldn’t miss in the form of newsletters.

We do hope this makes it easy for you to stay abreast of all you need to know.

Indeed, we are GETTING IT RIGHT. Kindly find attached the first issue of the Newsletter.

Feel free to click the link below to follow the NBA on Twitter and Instagram for instant updates.

Twitter:
https://twitter.com/nigbarassoc?s=21&t=cTRPmA_zZNvEBnTfsWPmnw

Instagram:
https://www.instagram.com/p/CiSnHVgsUTo/?igshid=NmNmNjAwNzg=

Sincerely yours,
Akorede Habeeb Lawal
National Publicity Secretary

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GOODWILL MESSAGE FROM THE PRESIDENT OF VOX POPULI FOUNDATION FOR LEADERSHIP, CHIEF JOE-KYARI GADZAMA, OFR, MFR, SAN, ON THE OCCASION OF THE 1ST ANNUAL GENERAL CONFERENCE OF THE NIGERIAN LAW SOCIETY, TAKING PLACE ON FRIDAY, JULY 28, 2023.

Esteemed Colleagues,

It is with great pleasure and a profound sense of purpose that I extend my heartfelt greetings to all distinguished conferees at the 1st Annual General Conference of the Nigerian Law Society (NLS). This landmark event marks a defining moment in our legal community, and I am honored to join this historic occasion virtually. I am also grateful to the organizers for inviting me to deliver a goodwill message.

As you gather here today for this maiden conference, you must recognize the significance of this moment. It symbolizes the beginning of a new chapter in your journey as Legal Practitioners, one that carries the potential to shape the very fabric of justice and uphold the rule of law in Nigeria.

Verily, the institutions of justice are the bedrock of our society, safeguarding the principles of fairness, equity, and accountability. It is incumbent upon us, as members of the legal fraternity, to strengthen and fortify these institutions to ensure they remain unwavering bastions of justice.

Now, more than ever, Nigeria is at a crucial juncture where the Nigerian Law Society can play a pivotal role in shaping the future of our legal profession. NLS must rise to the occasion and cover the field comprehensively, ensuring that our collective efforts in the legal community transcend individual interests, and instead, focus on the collective advancement of the legal profession.

Recent events that have shaken our nation, such as the show of shame between operatives of the Department of State Services (DSS) and the Nigerian Correctional Service (NCoS), are a stark reminder of the challenges we face. It is imperative that we confront these challenges head-on, leaving no room for ambiguity in our stance of preserving the sanctity of the judiciary, rule of law, the integrity and ethics of the legal profession.

As you deliberate on the theme of this conference “Justice for All” and the topic of the Keynote Speaker, “Freedom of Association of Legal Practitioners; Navigating the Web of Statutory Professional Regulations,” I hope you will engage in candid discussions, seeking pragmatic solutions and charting a course towards a stronger, efficient and effective legal profession.

In other climes, lawyers are not confined to a single law society; they have the freedom to belong to multiple law-related associations, strengthening professional networks and fostering diverse perspectives.

For instance, in South Africa, we witness the presence of various law-related associations, including the Law Society of South Africa, South African Bar Association, the KwaZulu-Natal Law Society, the National Bar Council of South Africa, and the General Council of the Bar of South Africa among others.

Similarly, in Namibia, lawyers have the opportunity to be part of multiple law-related associations such as the Society of Advocates of Namibia and the Law Society of Namibia.

Ukraine, too, boasts more than one umbrella body devoted to protecting the interests and welfare of legal practitioners. The Ukrainian National Bar Association and the Ukrainian Bar Association, both non-governmental and non-profit organizations, unite lawyers across the country, striving to uphold the principles of the legal profession.

Even in the United Kingdom, lawyers have the privilege of belonging to various law-related professional associations, such as the Law Society of England and Wales and Bar Society of England and Wales. Indeed, on a continental level, Africa is home to two prominent legal associations: the African Bar Association (AFBA) and the Pan African Lawyers Union (PALU).

In the realm of accounting, Nigeria is home to two prominent associations – the Institute of Chartered Accountants of Nigeria (ICAN) and the Association of National Accountants of Nigeria (ANAN). Both ICAN and ANAN are dedicated to promoting excellence in the accounting profession, setting professional standards, and ensuring the highest level of integrity among their members.

Similarly, in the labor movement, Nigeria has both the Trade Union Congress (TUC) and the Nigeria Labour Congress (NLC). These organizations serve as strong advocates for the rights and welfare of workers in the country, and they play essential roles in negotiating with employers, addressing labor-related issues, and championing workers’ interests.

In the field of alternative dispute resolution, we find the Chartered Institute of Arbitrators (CIArb) from the United Kingdom and the Nigerian Institute of Chartered Arbitrators (NICArb) in Nigeria. Both CIArb and NICArb provide specialized training and certification for arbitrators and mediators, promoting the use of alternative dispute resolution mechanisms to ensure efficient and fair resolution of disputes.

Just like the legal profession and other callings, having multiple associations within these fields allows professionals to access different resources, engage in specialized training, and participate in various advocacy efforts. This diversity of associations also fosters healthy competition, encourages innovation, and offers professionals a range of opportunities to contribute to their respective callings’ growth and development.

In light of these examples, I call upon this esteemed gathering to reflect on the freedom of association and its significance in strengthening our legal community. As you navigate the challenges and opportunities ahead, let us recognize the value of diverse perspectives, innovative ideas, and collaborative efforts in advancing the cause of justice in Nigeria.

As a legal professional also belonging to the English Bar, I am well aware of the benefits that come from being a part of multiple legal associations. This allows us to tap into a diverse pool of expertise, access international networks, and enrich our understanding of global legal trends. These associations serve as essential platforms for advocacy, professional development, uphold the cause of justice, rule of law and the protection of human rights.

I encourage that you all, in tune with the theme of this conference, will embrace the concept of Law Societies and Bar Associations working in harmony, fostering collaboration, and collectively striving for excellence in our profession. By harnessing the collective strength of these institutions, we can enhance our capabilities, elevate our profession, and make a lasting impact on society. This will enhance the space for participation.

I again commend the efforts of the Nigerian Law Society for organizing this conference, and also for inviting me to deliver this goodwill message and I urge all participants to actively engage in the sessions, share their invaluable insights, and foster meaningful connections with fellow legal minds.

May this conference serve as a catalyst for the much-needed growth and progress within our legal profession, as we collectively endeavor to uphold the highest standards of integrity and excellence.

Wishing you all a successful and impactful conference!

Chief Joe-Kyari Gadzama OFR, MFR, SAN
President, Vox Populi Foundation for Leadership

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President Bola Tinubu on Thursday sent the long-awaited ministerial list to the Senate with some expected and surprise names making the cut.

The list confirms CITY LAWYER’s earlier report on the matter.

The Senate President Godswill Akpabio read the names on the floor of the Senate during plenary on Thursday.

Some immediate past governors including Nasir el-Rufai of Kaduna State, Nyesom Wike of Rivers State and David Umahi of Ebonyi state made the cut.

The full list:

Abubakar Momoh
Yusuf Maitama Tukur
Ahmad Dangiwa
Hannatu Musawa
Uche Nnaji
Betta Edu
Doris Uzoka
David Umahi
Ezenwo Nyesom Wike
Muhammed Badaru Abubakar
Nasir El Rufai
Ekperikpe Ekpo
Nkiru Onyejiocha
Olubunmi Ojo
Stella Okotete
Uju Kennedy-Ohanenye
Bello Muhammad Goronyo
Dele Alake
Lateef Fagbemi
Mohammad Idris
Olawale Edun
Waheed Adebayo Adelabu
Emman Suleman Ibrahim
Ali Pate
Joseph Utsev
Abubakar Kyari
John Eno
Sanni Abubakar Danladi

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Former Kaduna State Governor Nasiru El-Rufai, his Rivers State counterpart Nyesom Wike and eminent medical scholar Ali Pate are on the list of ministerial nominees forwarded to the Senate by President Bola Ahmed Tinubu, it was learnt this morning.

Also nominated for cabinet positions are legal luminary Lateef Fagbemi (SAN); an economist Olawale Edun, banker Adebayo Adelabu, former Osun State Governor Adegboyega Oyetola, All Progressives Congress (APC) Women Leader Mrs. Betta Edu, Senator Ben Ayade and eminent journalist Dele Alake, who is currently the Special Adviser on Media, Strategy and Special Duties.

A Senate source said the President forwarded the list to Senate President Godswill Akpabio this morning, in line with the constitutional provision that the list should get to the National Assembly within 60 days after the presidential inauguration. The deadline expires this weekend.

Pate, a Harvard professor of medicine, is a former Minister of State (Health) in the defunct Jonathan Administration. A source said he is likely to hold the Health portfolio.

Wike, lawyer, former Minister of State for Education, and Peoples Democratic Party (PDP) stalwart, was the leader of the aggrieved G-5, which opposed the presidential ambition of Alhaji Atiku Abubakar.

El-Rufai, a former Minister of Federal Capital Territory (FCT), headed the APC Panel on Restructuring. According to the source, he may be assigned to the Power Ministry.

Fagbemi, who hails from Ijagbo, Kwara State, is a Senior Advocate of Nigeria (SAN).

Edun, one-time Lagos Finance Commissioner, is currently Special Adviser to the President on Monetary Policy.

Oyetola, a financial expert, was governor of Osun State between 2018 and 2022.

The APC Women Leader, Dr. Edu, is a former Health Commissioner in Cross Rivers State.

Ayade, a professor of microbiology, has served as Senator before he became governor.

The nominee from Oyo State, Adelabu, retired as Central Bank Deputy Governor. In the last general election, he contested for governor on the platform of the Accord Party.

During his 60th birthday in Abuja two days ago, Senate Majority Leader Opeyemi Bamidele hinted that the President would forward the list to the Senate in the next 48 hours.

He told dignitaries at the occasion that President Tinubu, who was expected as the father of the day, could not attend the ceremony because he was busy drawing up the list.

Bamidele, who represents Ekiti Central District in the Senate, also said President Tinubu has not attended any public event since Monday because he was putting the finishing touches to the list.

The Senate Leader urged Nigerians to pray for the President over the task. Also, last week, the Senate postponed its recess to enable senators to receive the list and screen the nominees.

THE LIST

Nasiru El-Rufai
Nyesom Wike
Lateef Fagbemi (SAN)
Olawale Edun
Adebayo Adelabu
Adegboyega Oyetola
Mrs. Betta Edu
Ben Ayade
Dele Alake

The full list of 42 ministerial nominees will be unveiled by Senate President Godswill Akpabio at plenary. CITY LAWYER gathered that screening of the nominees will commence next week.

CREDIT: THE NATION PHOTO CREDIT: THE GUARDIAN

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Human rights activists and justice sector stakeholders have lauded the immediate past Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Monday Ubani as he turns 59 years today.

Opening the floodgate of birthday wishes, NBA-SPIDEL Chairman, Mr. John Aikpokpo-Martins wrote: “Happy birthday, (NBA) Vice President and (former NBA-SPIDEL) Chairman. More power to your power.”

Former NBA Publicity Secretary, Mr. Kunle Edun wrote cryptically, “Happy birthday, sir.”

Erstwhile NBA Assistant General Secretary and Chairman of NBA-SPIDEL 2023 Annual Conference Planning Committee, Mr. Okey Ohagba was more effusive. He wrote: “AS A GOOD MAN CELEBRATES TODAY…?

“Today, I join friends and well wishers world over to celebrate a man of many good parts, a distinguished Bar leader, a true defender of the defenceless, a dogged & firebrand rights crusader.

“Very happy birthday to a past Chairman of NBA Ikeja Branch, a past 2nd Vice President of the Nigerian Bar Association and immediate past Chairman of the Nigerian Bar Association Section on Public Interest and Development Law ((NBA-SPIDEL).

“Pls join me to celebrate my good brother, leader and friend, the vociferous Dr Monday Onyekachi Ubani. May God continue to shower him with boundless blessings now and always as he celebrate today. Hearty Cheers Dr. MOU ???

“Okey Ohagba felicitates from PortHarcourt….”

One Paul Ike Ukam wrote: “Happy birthday to an astute and indefatigable bar man. A man with good heart and fear of God. A calm and calculated leader. Great attorney of good governance with formidable intellectual prowess. A devoted Christian and strong advocate of communal good, progress and just cause.
Continue to grow and glow under the banners of His divine sustenance. You shall live in long in good health and make heaven.”

On his part, former Special Adviser to Cross River State Governor, Dr. Dorncklaimz Enamhe wrote: “It’s MOU’s Birthday who is not saying Happy Birthday to the Big Boss Happy Birthday Doc.”

One Comrade Mark Anthony Chinedu who described himself as “one of the numerous benefactors of mentorship of the celebrant” described the fiery human rights activist as “a mentor whose impact on the legal profession and human rights activism would always be a reference point to generations yet unborn.

“Your boldness, courage, and philanthropist gesture to nurture an egalitarian society both in your home state (Abia) and Nigeria is a testimony of your personality with a difference.”

Ubani had while announcing his birthday on his verified Facebook handle written as follows: “Life + health too priceless. Father let they remain my permanent portion until it is my well-deserved time! One just added to the additions. Hurray it is my day!”

Many lawyers today descended on Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN over his position on the scuffle between operatives of the Department of State Services (DSS) and Nigerian Correctional Service (NCoS).

In a show of shame that has shocked the entire nation, DSS operatives were seen in viral videos manhandling an operative of NCoS over who should take custody of suspended Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele following his arraignment in court yesterday.

In a statement on the matter, Maikyau had described the fracas as “despicable,” adding that “While it is difficult not to hold the leadership of the two federal government agencies directly responsible for the shameful and disgraceful conduct of its personnel, one cannot discount the possible overzealousness or excesses of the officers involved, as being responsible for what we witnessed today.”

But many lawyers disagreed sharply with Maikyau, saying he did not specifically condemn DSS operatives for desecration of the court premises and disobedience of a subsisting court order.

CITY LAWYER recalls that Maikyau had also ran into hot water over his pass mark to the Independent National Electoral Commission (INEC) for its conduct of the 2023 General Elections. Though the elections were widely condemned by many foreign and local observers, Maikyau gave INEC high marks, with many lawyers noting that his position contrasted sharply with that of the official NBA Election Observers.

Opening the floodgate of criticisms against the latest NBA statement, former National Human Rights Commission (NHRC) Chairman, Prof. Chidi Odinkalu described it as “shameful,” saying: “Of all the things that played out in that court in Abuja yesterday, all that @NigBarAssoc president, @YCMaikyauSAN, cld see was #TwoFighting? It is a classic case of majoring in the minor. NBA seems clearly uncomfortable with addressing the central issue in this matter. Shameful!”

Former Attorney-General and Commissioner for Justice, Mr. Mutalubi Adebayo Ojo SAN said in a statement made available to CITY LAWYER: “The NBA President’s statement on the show of shame between the officers DSS and the Correctional Centre is to say the least too weak and a distraction from the main issue.”

Hinting that Maikyau’s statement was evasive and did not pointedly condemn the infraction by DSS, Ojo said: “The greatest misconduct is the crass and flagrant disobedience of the order of the federal high court by DSS. The presiding judge gave a clear order that the defendant should be remanded in prison custody pending the perfection of his bail. That order is very positive and very direct enough, yet the NBA President was silent on its breach in his statement but rather chose to concentrate on the behaviours of the unruly officers within the court premises. This is not good enough if one must put it mildly.”

Another member of the Inner Bar, Mr. Shaibu Enejoh Aruwa SAN lampooned the NBA statement, saying that it “failed to reflect” what actually transpired between the security operatives.

According to a statement obtained by CITY LAWYER, the senior lawyer said: “What happened clearly was an attack brazenly carried out by men of the DSS on an officer of the NCoS; the NBA statement should have reflected what it is and not an altercation or a clash.”

Dwelling on the characterization by DSS of fiery human rights activist, Mr. Maxwell Opara as an “IPOB and Charge and Bail Lawyer,” which many lawyers noted was not addressed by the NBA leadership, the senior lawyer said: “Like most members of the NBA, I waited in vain for the response of the NBA in protection of its member who has come under attack by the DSS in the course of rendering his professional services.”

Frontline human rights activist, Mr. Inibehe Effiong was equally unsparing, describing Maikyau’s statement as an “unfortunate prevarication.”

His words: “The NBA President says it is difficult not to hold the leadership of the two agencies directly responsible for the show of shame at the Federal High Court in Lagos? This implies that he has doubt whether the leadership of the two agencies are complicit or not.

“He could have simply said that the NBA is holding the DG of SSS directly responsible. No need for this unfortunate prevarication. Is Mr President saying that the officers of the lawless SSS acted without being specifically instructed by their superiors? That is not possible. The Correctional Officers are the victims here. To demonize them for seeking to enforce a court order is uncharitable.

“The NBA President did not address the valid order made by the trial judge remanding Emefiele in the custody of the Correctional Service. That is the main issue. Disobedience to court order by the SSS should not be reduced to a case of two fighting.

“This statement by the NBA President is quite disappointing to say the least.”

Aligning with Maikyau’s critics, immediate past Chairman of the NBA Section on Public Interest and Development Law (SPIDEL), Dr. Monday Ubani warned that the NBA does not need to “patronize” the DSS “as they are hell bent in destroying the rule of law and by extension our had won democracy.”

Though he commended Maikyau for the “promptness” with which he issued the statement, the leading human rights advocate said in statement made available to CITY LAWYER: “It is obvious that our judiciary and its powers are being undermined by such lawless and senseless display of power by the officers of DSS. The legal profession cannot afford to be silent when everything about it is being threatened or destroyed.

“The truth is that the order of the court was explicit on who should take custody of the Defendant, in this case Mr Emefiele, former Governor of Central Bank of Nigeria. It is appalling that DSS that had him for over a month was eager to take him back into custody despite the express order of the court. What more offence/s are they desiring to investigate which they could not do for over one month they had him in their custody? Were they not the ones that came up with the miserable charge of illegal possession of firearms after the long detention? Who actually should be blamed in the circumstance, DSS or Correctional Centre?

“If we take into account that before yesterday there had been several court orders that directed the release or arraignment of Mr Emefiele which were observed in breach by DSS, we cannot but lay appropriate blame on the doorstep of the culprit, which is DSS.

“The attitude and exercise of power by DSS under this new dispensation needs to be interrogated. Their penchant and impunity in disobeying court orders needs the bold condemnation of the Nigerian Bar Association. We do not need to patronise them as they are hell bent in destroying the rule of law and by extension our had won democracy.

“I believe that President Tinubu’s government owe Nigerians the onerous responsibility to tow the line of rule of law and obedience to court orders under his government.

“If he chooses to go the way of other regimes in Nigeria, let him be rest assured that patriotic minded Nigerians will resist him and his autocratic regime. The citizens have suffered enough and are ready to take their destinies in their hands. A word is enough.”

Following the flurry of criticisms, the immediate past Publicity Secretary of NBA-SPIDEL, Mr. Godfrey Echeho however came to Maikyau’s defence, saying that “in these days of social media news, you certainly do not know what information was at the President’s disposal. I humbly suggest you avail him with any reliable information you have to assist him. It is important now than ever for the Bar to speak with one voice.”

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The Department of State Services (DSS) has said that it would investigate the fracas between its staff and operatives of the Nigerian Correctional Service.

In a statement obtained by CITY LAWYER, the service which has come under harsh criticism over the scuffle, also said that it has “tremendous respect for the Judiciary as an Arm and Institution of Government and will not go out of its way to undermine it.”

Below is the full text of the statement.

DSS Investigates 25th July, 2023, Federal High Court, Ikoyi, Lagos Incident

The public will recall that Mr Godwin Emefiele, suspended CBN Governor, was arraigned at the Federal High Court, Ikoyi, Lagos, on 25th July, 2023. The Service has noted the incident that took place between its staff and those of the Nigerian Correctional Service (NCoS) and wish to state as follows:

The incident was unfortunate and does not in any way reflect the professional disposition of the DSS;

The Service did not and would never encourage the incident under reference;

iii. The Service has tremendous respect for the Judiciary as an Arm and Institution of Government and will not go out of its way to undermine it. The DSS recognises the Judiciary as a critical component in nation building, national development and security management. Also, the Service has robust working relationship with sister security and law enforcement agencies including the NCoS;

iv. While noting that the personnel from both Agencies exhibited undue overzealousness, the Service has further initiated detailed investigations into the matter. This is with a view to identifying the role played by specific persons as well as undertaking disciplinary actions if necessary and drawing some lessons going forward.

For emphasis, the DSS has not broken any laws in handling the Emefiele Case despite efforts by some elements to skew the narratives to the contrary. The Service had since alerted the public of sinister plots to discredit its leadership. In pursuit of its assignments, it will strive to remain professional, maintain ethical standards and high sense of discipline. The Service will ensure that it will not be used for clout and fame chasing or delusional heroism. It will, however, remain focused on its national security mandate and, therefore, enjoin well-meaning Nigerians to support it in achieving the desired security goals for the nation. It is imperative to note that we have no other country but Nigeria. We should join hands, with love and tolerance, to build it.

Peter Afunanya, Ph.D
Public Relations Officer,
Department of State Services,
National Headquarters,
Abuja
26th July, 2023

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The Conference Planning Committee for the Nigerian Bar Association Annual General Conference has promised to unveil an exceptional Friendship Centre for delegates to relax and enjoy the conference atmosphere without let or hindrance.

The Friendship Centre will connect delegates, have a gaming section and host lots of entertainment including karaoke lounge — where lawyers can take turns to sing popular songs into a microphone over pre-recorded backing tracks.

Food and drink vendors are invited to book stalls. Interested individuals or corporate bodies can contact the Friendship Centre Coordinators: Ayodeji Oni 0803 345 2825 ayodeji.oni@nigerianbar.org.ng OR Eva Amadi -0803 580 6230 evaamadi733@gmail.com.

Meanwhile, the TCCP will tomorrow unwrap the eagerly awaited Sports Fixtures Draw.

The draw, which will set the stage for the highly anticipated sports section of the Conference, is scheduled to take place on the 27th of July at the NBA Secretariat in Abuja, starting at 2:45 pm.

With the event adopting a hybrid format, allowing both in-person and virtual participation, legal professionals and sports enthusiasts alike are eagerly looking forward to the sports fixtures announcement. As part of the NBA-AGC tradition, the sports section offers a thrilling break from the legal discourse, bringing participants together in a spirit of camaraderie and healthy competition.

It has been stated that “The Sports Fixtures Draw will determine the schedule and ties between teams competing in various sports during the conference. Attendees can expect to witness exciting matchups across a range of sports disciplines, including football, basketball, volleyball, tennis, and more. The friendly rivalries and sporting spirit displayed during these games have become an integral part of the NBA-AGC, fostering a sense of unity and teamwork among participants.

“As legal practitioners, delegates, and guests prepare for the conference, they are eagerly discussing potential matchups and eagerly awaiting the revelation of the fixtures. Alongside the sports events, the NBA-AGC 2023 will offer a diverse range of educational sessions, keynote addresses, and networking opportunities, making it a comprehensive and enriching experience for all attendees.”

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The Nigerian Bar Association (NBA) has described as “despicable” the fracas between operatives of the Department of State Services (DSS) and Nigerian Correctional Service (NCoS) over who should take custody of suspended Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele following his arraignment in court yesterday.

In a statement made available to CITY LAWYER and personally signed by NBA President, Mr. Yakubu Maikyau SAN, the association stated that “While it is difficult not to hold the leadership of the two federal government agencies directly responsible for the shameful and disgraceful conduct of its personnel, one cannot discount the possible overzealousness or excesses of the officers involved, as being responsible for what we witnessed today.”

Maikyau observed that “This incident regrettably is further evidence of the lack of discipline and absence of professionalism that continues to plague key security institutions in Nigeria, which, without doubt, is largely responsible for the limited progress in achieving a coordinated response to security concerns across the country.”

He stated that “A situation where officers of Federal Government agencies engage in a fight as witnessed by the public, for whatever reason, is antithetical to our security as a nation and creates a recipe for anarchy and chaos. Both the DSS and the NCoS are important institutions dealing with national security and administration of justice respectively, and the need for them to work in concert towards attaining justice in a secured Nigeria cannot be over-emphasised.

“The NBA further condemns the brazen disrespect for the sanctity of the court premises. The courts and judicial processes remain the barometer by which the conduct of persons or agencies of government are gauged in assessing the rule of law.

“The NBA calls on the two agencies to take immediate disciplinary measures against the officers involved in this disgraceful conduct. In addition, there is an urgent need for a complete overhaul of the institutions and a total reorientation of the personnel, to achieve professionalism and ensure synergy in the discharge of their respective constitutional responsibilities,

“The Nigerian Bar Association (NBA) remains committed to the promotion and protection of the principles of the rule of law and due process, within a safe and secured Nigeria.”

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It was an embarrassing show between operatives of the Department of State Service (DSS) and Nigerian Correctional Service (NCS) as they scuffled today over who would take suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele into custody after a court appearance.

In the ensuing milieu, a video clip obtained by CITY LAWYER showed DSS operatives manhandling their NCS counterpart inside the court premises.

The show of shame came on the heels of an order of the Federal High Court granting bail to the erstwhile CBN helmsman.

Justice Nicholas Oweibo had admitted the embattled apex bank chief to bail in the sum of N20 million. He ordered that Emefiele should be remanded at Ikoyi Correctional Centre pending the fulfillment of the bail conditions.

In a clear indication that the reprieve for the embattled banker would be short-lived, DSS operatives took strategic positions within the court premises to re-arrest him. This led to tension within the court premises and a scuffle between DSS and NCS operatives. NCS operatives are mandated to take the defendant into custody pending perfection of his bail.

Protests by Emefiele’s Lead Counsel, Mr. Joseph Daudu SAN and other lawyers who frowned at the display by the DSS operatives inside the court premises did not deter them from whisking away the top banker.

Justice Oweibo had granted Emefiele bail in the sum of N20 million with one surety in like sum. The court rejected the Federal Government’s claim that Emefiele was a flight risk, adding that the government did not provide any fact to support its claim.

Daudu had urged the court to grant bail on self-recognizance or on other liberal terms pending the hearing and determination of the case.

His words: “There is no counter affidavit from the Federal Government opposing bail. Also, the defendant is a renowned banker and can only stay at his house; he can’t travel anywhere.”

But the counsel to the Federal Government, Nkiru Jones-Nebo, countered him, saying the prosecution had not been given time to respond in line with the provisions of fair hearing enshrined in the constitution.

She also said that the prosecution had information that the defendant’s refusal to hand in his passport suggested his capacity to abscond and evade trial.

She said: “As the governor of the CBN, he is a powerful man, and can intimidate the witnesses. Granting him bail will intimidate the prosecution witnesses who have come forward to give evidence. He can evade trial based on his antecedents. We urge the court to dismiss the bail application.”

But the court disagreed with her. Justice Oweibo ruled as follows: “I find and hold that the prosecution has failed to establish why the defendant should not be granted bail.

“Consequently, the defendant is admitted to bail in the sum of 20 million naira with one surety in like sum. The surety must be owner of a landed property within the jurisdiction of the court who must not be less than Level 16 in the Nigerian Civil Service. The defendant must deposit his international passport to the court.

“Case is adjourned to 14th of November for trial.”

Emefiele is standing trial on a two-count charge, including possession of a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence. The alleged offences are contrary to Section 4 of the Firearms Act, 2004, and punishable under Section 27 (1b) of the same Act.

The suspended CBN Governor is also charged with having in his possession 123 rounds of live ammunition (Cartridges) without a licence, contrary to Section 8 of the Firearms Act 2004 and punishable under Section 27 (1)(b)(ii) of the same Act.

President Bola Tinubu had on June 9, 2023 suspended Emefiele as the CBN Governor. The DSS stated a day later that the suspended CBN chieftain was in its custody.

Watch video:

PHOTO CREDIT: THE CABLE

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A Lagos State High Court presided over by Justice Yetunde Adesanya will on Friday rule on the bail application filed in favour of Chief Frederick Nwajagu, Ezendigbo of Ajao Estate, who has been in detention since early April due to issues relating to the 2023 General Elections.

The bail application was argued by Mr. Emeka Etiaba SAN and foremost human rights activist, Mr. Chino Obiagwu SAN on behalf of Nwajagu.

He was arrested following a midnight raid on his Lagos residence by operatives from the Nigeria Police and Department of State Services (DSS) over alleged threat to invite Indigenous People of Biafra (IPOB) to protect Igbos living in Lagos from political assaults and electoral violence arising from the 2023 Elections.

Nwajagu was docked on April 5, 2023 before a Magistrate’s court on two counts of conspiracy and conduct likely to cause a breach of public peace. He pleaded “Not Guilty” to the charge but was remanded in prison custody since then.

Following attacks especially on non-indigenes during the Lagos State Gubernatorial Election, Nwajagu reportedly said in a viral video: “We must have our own security so that they will stop attacking us at midnight, in the morning, and in the afternoon.

“When they discover that we have our own security, before they come, they will know that we have our own men there.”

The attacks prompted former Nigerian Bar Association (NBA) President, Mr. Olumide Akpata to write an article on his experience during the elections titled, “We are all Igbo.”

Nwajagu was re-arraigned before Justice Adesanya on May 9, 2023 on nine counts bordering on “an attempt to commit acts of terrorism, participating in terrorism and meeting to support a proscribed entity, attempt to finance an act of terrorism, and preparation to commit an act of terrorism.”

The prosecution counsel, Mr. Jonathan Ogunsanya, told the court that the offences contravened Section 403(2) of the Criminal Law of Lagos State, 2015 as well as sections 12(a)(c), 18, 21 and 29 of the Terrorism (Prevention & Prohibition) Act, 2022.

Nwajagu pleaded “Not Guilty” to the charges and was again remanded in prison custody by the court.

At the last adjourned date, Lagos State Director of Public Prosecutions, Dr. Babajide Martins, told the court that he had additional witnesses for the case. He also told the court that he had served some documents on the defence.

Obiagwu however told the court that he was only served with the documents that morning and had not reviewed them.

The matter was earlier adjourned to today for continuation of trial.

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An international arbitrator, Mrs. Dorothy Ufot SAN has faulted the position of the Supreme Court which held that the enforcement of an arbitral award starts from the day of the contract breach, on the basis of the statute of limitation, than from the day the award was made.

Ufot, who was a speaker at a seminar organized by the College of Arbitrators Nigeria, commended the provision in the new Arbitration and Mediation Act (AMA) 2023 which amended that position by providing for enforcement to be due from the date an award is published.

She also noted that Nigeria will continue to be at the receiving end in international commerce unless conscious efforts are made to make our laws conform with international best practices as well as represent the daily changes in the political and business world.

While observing that the length of time for bringing arbitration to a conclusion is one of the major constraints of arbitration and conciliation in Nigeria, Ufot remarked that one key area Nigeria must get right for it to become a preferred seat for arbitration is the area of enforcement.

She however she counselled lawyers to change the mindset and habit of fighting to the last “when it is obvious that they are losing the case,” adding that she had failed twice to enforce awards in favour of her clients in Nigeria.

Giving an overview of the 2023 Act, notable arbitrator and lead speaker, Prof. Paul Idornigie SAN disclosed that the new law has changed the landscape of arbitration and created a statutory framework for the practice of mediation in the country.

Tracing efforts at making arbitration effective and efficient to the first bill sent to the National Assembly in 2006, Idornigie said he was overwhelmed with joy when President Muhammadu Buhari signed the bill into law, thereby bringing a happy ending to a journey of nearly two decades.

Speaking on the seminar titled “The Arbitration and Mediation Act, 2023: Prospects and Challenges,” the chartered arbitrator said: “When I got the news that the president had signed the bill, I was so happy, I started texting, I started sharing. In fact, if the president had committed any sin before then at all, we forgive him.”

According to Idornigie, among some of the benefits of the new Act is the right of an arbitrator to step down or remain when challenged by any party, adding that arbitrators now enjoy the immunity of judges in the regular courts.

He also commended the section which provides for the court to appoint arbitrators within 30 days if parties agree to go into arbitration.

Other senior lawyers who spoke at the event include Mr. Patrick Ikwueto SAN, Mr. A. U. Mustapha SAN, Dr. Chikwendu Madumere, and the representative of Dr. Elachi Agada, Ms Grace Ehusani.

The stakeholders agreed that the signing of the Arbitration and Mediation bill into law not only repealed the 35-year-old obsolete Arbitration and Conciliation Act, but has put the country on a strong pedestal to compete in international commerce and trade. They however identified infrastructural deficit and insecurity as the major bane in the practice of arbitration in the country.

Earlier in his welcome address, Ikwueto, the Faculty President of the College, noted that one of the best things to have happened to arbitration in Nigeria is the new Act.

He challenged members to use it to their advantage, saying: “We need to appraise the Act, look at the challenges, as well as the prospects.”

The seminar which was moderated by a member of the college, Chioma Onyenucheya-Uko, had an impressive attendance of judges, representatives of government entities and educational institutions, legal practitioners, and arbitration & ADR enthusiasts and practitioners.

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PRESS CLIPS

PRESIDENT OF THE NIGERIAN BAR ASSOCIATION, YAKUBU CHONOKO MAIKYAU, SAN, OON VISITS INSPECTOR GENERAL OF POLICE (IGP) KAYODE EGBETOKUN

The NBA President, Yakubu Chonoko Maikyau, in the company of the 3rd Vice President, Mrs Amanda Demechi-Asagba, General Secretary, Adesina Adegbite, and National Assistant Publicity Secretary, Charles Ajiboye visited the newly appointed Inspector General of Police (IG), Kayode Egbetokun, yesterday. Also in attendance to receive the President and his entourage were some members of the Police Management Team; DIG Frank Mba, DIG Adeleke Adeyinka, DC Legal Simon Lough, SAN among others.

The meeting was to invite the IGP to the Annual General Conference (AGC) which starts on the 25th of August 2023. The Nigeria Police will be having a showcase session at the Annual General Conference (AGC). The need for a more responsive and a truly people-minded police cannot be over emphasized and the NBA intends to partner with the Police to make the institution more effective in delivering on the expectations of Nigerians and in line with global policing standards.

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The suspended Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele today pleaded “Not Guilty” to a two-count charge of illegal possession of firearms and ammunitions brought against him by the Federal Government.

Arraigned before a Federal High Court sitting in Lagos, Emefiele is standing trial on a two-count charge, including possession of a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence. The alleged offences are contrary to Section 4 of the Firearms Act, 2004, and punishable under Section 27 (1b) of the same Act.

The suspended CBN Governor is also charged with having in his possession 123 rounds of live ammunition (Cartridges) without a licence, contrary to Section 8 of the Firearms Act 2004 and punishable under Section 27 (1)(b)(ii) of the same Act.

CITY LAWYER gathered that Emefiele was brought into the court premises by Directorate of State Service (DSS) operatives in a Toyota Hilux vehicle around 9:20 am.

Emefiele was taken into custody early June by DSS operatives, hours after President Bola Tinubu suspended him from office.

Confirming his arrest, DSS spokesperson, Dr. Peter Afunanya said in a statement: “The Department of State Services (DSS) hereby confirms that Mr Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria (CBN), is now in its custody for some investigative reasons.”

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In a world where mentorship is the guiding light for young professionals, there shines a beacon of inspiration who goes above and beyond to foster talent and promote growth. Meet Mazi Afam Osigwe SAN, a true champion of the next generation.

With unwavering dedication, Mazi Afam Osigwe SAN takes under his wing countless aspiring individuals, imparting wisdom and knowledge, while igniting the flames of ambition. His guidance extends beyond mere professional advice; he genuinely care about the personal development and well-being of those he mentors.

Through his selfless efforts, Mazi Afam Osigwe, SAN creates a nurturing environment where young professionals flourish, empowered to explore their full potential. His door is always open, offering a listening ear, words of encouragement, and constructive feedback.

It is in recognition of the above that the upcoming LAWSAN PAST LEADERS LEGACY REUNION billed to hold during the 2023 Nigerian Bar Association Annual Conference in Abuja will be hosted in honor of MAZI AFAM OSIGWE, SAN.

Esteemed former National leaders who have served as past officers of Law Students Association of Nigeria (LAWSAN) will be present in FCT Abuja to participate in the event.

The reunion will serve as a platform for reconnecting with colleagues, reminiscing about shared experiences, and celebrating the contributions that past leaders have made to our organization’s growth and success.

Event Details:
Date: Saturday 2nd September, 2023
Time: 10:00 AM
Venue: Abuja
Dress Code: Formal

The reunion will include various activities and opportunities for networking, including a cocktail reception, keynote speeches, Past Leaders panel discussions, Hall of Fame, Award Reception and a Gala Dinner. We have also arranged for a special tribute to honor the achievements and contributions of past leaders.

Participation at the reunion will not only be cherished by attendees’ former colleagues but will also provide an opportunity for attendees to reconnect with old friends, forge new connections, and share valuable insights and experiences. We look forward to welcoming back and celebrating the legacy of our past leaders.

See the flyer above for more details and information about the event.

– MICHAEL ARINZE
(5th LAWSAN National President)

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A Lagos State High Court presided over by Justice Yetunde Adesanya will today hear an application for bail filed in favour of Chief Frederick Nwajagu, Ezendigbo of Ajao Estate, who has been in detention since early April due to issues relating to the 2023 General Elections.

CITY LAWYER gathered that foremost human rights activist, Mr. Chino Obiagwu SAN and Mr. Emeka Etiaba SAN will argue the application on behalf of Chief Nwajagu.

Nwajagu was arrested following a midnight raid on his Lagos residence by operatives from the Nigeria Police and Department of State Services (DSS) over alleged threat to invite Indigenous People of Biafra (IPOB) to protect Igbos living in Lagos from political assaults and electoral violence arising from the 2023 Elections.

Nwajagu was docked on April 5, 2023 before a Magistrate’s court on two counts of conspiracy and conduct likely to cause a breach of public peace. He pleaded “Not Guilty” to the charge but was remanded in prison custody since then.

Following attacks especially on non-indigenes during the Lagos State Gubernatorial Election, Nwajagu reportedly said in a viral video:
“We must have our own security so that they will stop attacking us at midnight, in the morning, and in the afternoon.

“When they discover that we have our own security, before they come, they will know that we have our own men there.”

The attacks prompted former Nigerian Bar Association (NBA) President, Mr. Olumide Akpata to write an article on his experience during the elections titled, “We are all Igbo.”

Nwajagu was re-arraigned before Justice Adesanya on May 9, 2023 on nine counts bordering on “an attempt to commit acts of terrorism, participating in terrorism and meeting to support a proscribed entity, attempt to finance an act of terrorism, and preparation to commit an act of terrorism.”

The prosecution counsel, Mr. Jonathan Ogunsanya, told the court that the offences contravened Section 403(2) of the Criminal Law of Lagos State, 2015 as well as sections 12(a)(c), 18, 21 and 29 of the Terrorism (Prevention & Prohibition) Act, 2022.

Nwajagu pleaded “Not Guilty” to the charges and was again remanded in prison custody by the court.

At the last adjourned date, Lagos State Director of Public Prosecutions, Dr. Babajide Martins, told the court that he had additional witnesses for the case. He also told the court that he had served some documents on the defence.

Obiagwu however told the court that he was only served with the documents that morning and had not reviewed them.

The matter was adjourned to today for continuation of trial.

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The Regular window for the Nigerian Bar Association’s Annual General Conference will be shut at midnight today, leaving potential delegates with only the “Late Registration” option spanning July 24 to August 18, 2023. The Late Registration fees range from N40,000 for young lawyers to N500,000 for Senior Advocates of Nigeria, Attorneys General and Benchers.

The AGC Conference Planning Committee, NBA-AGCPC 2023 has urged lawyers to hurry and register for this year’s Annual General Conference before today’s deadline. This will enable registrants to enjoy the huge discounts available through the Regular window.

CITY LAWYER recalls that the Chairman of the Conference Planning Committee, Mazi Afam Osigwe SAN, had at the press conference to unveil the conference website and logo, noted that there would not be any extension once the deadline for early bird lapses.

NBA President, Mr. Yakubu Maikyau SAN had during the press conference stated that the theme for the 2023 Conference, ‘Getting it Right: Charting the Course for Nigeria’s Nation Building’ could not come at a better time than now.

According to him, Nigeria is blessed with immense natural and human resources and could not continue to be deficient in terms of development.
He said that it was the responsibility of lawyers to provide direction and leadership in the country for it to recover its lost glory.

The NBA president said that the situation in the country called for lawyers to take a holistic look at events and evolve concrete solutions to addressing the challenges in the country.

To register, click here.

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The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Central Bank of Nigeria (CBN) over its “failure to delete the patently unlawful provisions in the Central Bank of Nigeria (Customer Due Diligence) Regulations directing banks to obtain information on customers’ social media handles for the purpose of identification.”

CITY LAWYER recalls that the CBN had last month issued a Circular mandating banks and other financial institutions to implement and comply with the mandatory provisions on customers’ social media handles in the CBN Regulations.

In the suit marked FHC/L/CS/1410/2023 and filed last Friday at the Federal High Court in Lagos, SERAP is seeking “An order of mandamus to direct and compel the Central Bank of Nigeria to withdraw its directive dated 20th June, 2023 to banks and other financial institutions to obtain information from customers’ social media handles.”

SERAP is also seeking “An order of mandamus to compel the CBN to delete the unlawful provisions of Section 6 of its Customer Due Diligence Regulations, 2023 for being inconsistent with Section 39 of the Nigerian Constitution 1999 [as amended] and Article 9 of the African Charter on Human and Peoples’ Rights.”

The civil society organization is asking for “an order restraining the CBN from carrying out or giving effect to the unlawful provisions of Section 6 of its Customer Due Diligence Regulations, 2023 directing banks and other financial institutions to obtain information from customers’ social media handles.”

In the suit, SERAP contends that “The mandatory requirement of social media handles or addresses of customers does not serve any legitimate aim. Such information may be used to unjustifiably or arbitrarily restrict the rights to freedom of expression and privacy.”

It argues that “Unless the reliefs sought are granted, the CBN will implement and enforce the unlawful directive in contravention of citizens’ rights to freedom of expression and privacy.”

SERAP observes that “There are other means of identification such as passport, driver’s licence, Bank Verification Number (BVN), and Tax Identification Number (TIN), which banks and other financial institutions already require their customers to provide,” adding that “The additional requirement of obtaining details of a customer’s social media handle or address fails to meet the requirements of legality, necessity, and proportionality.”

SERAP states that “The fact that there are sufficient means of identification for CBN, banks and other financial institutions to rely on to meet the requirement of Know Your Customer also heighten concerns of overreach, and confer far-reaching discretion on banks and financial institutions,” and adds that “Obtaining information on customers’ social media handles or addresses as means of identification is more intrusive than necessary.

“According to Section 6(a)(iv) of the CBN Regulations, banks and other financial institutions ‘shall identify their customer and obtain information on the social media handle of the customer.’ Section 6(b)(iii) contains similar provision.

“The purported mandatory requirement would inhibit Nigerians from freely exercising their human rights online. If obtained, such information may also be misused for political and other unlawful purposes.

“The CBN Regulations and directive to banks and other financial institutions would impermissibly restrict the constitutional and international rights to freedom of expression, privacy and victims’ right to justice and effective remedies.

“Requiring social media handles or addresses of customers as a means of identification would have a disproportionate chilling effect on the effective enjoyment by Nigerians of their rights to freedom of expression and privacy online.

“The requirement of necessity implies an assessment of the proportionality of the grounds, with the aim of ensuring that the excuse of ‘regulations on customer due diligence’ is not used as a pretext to unduly intrude upon the rights to freedom of expression and privacy.

“The CBN Regulation does not demonstrate how the use of social media handle or address as a means of identification would serve to improve banks and other financial institutions’ ability to implement and comply with the laws and regulations relating to customer due diligence.

“The Directive by the CBN, which does not in any event carry the force of law, also fails to provide any explanation as to how social media handles or addresses can facilitate compliance with regulations relating to customer due diligence.

“Obtaining the details of customers’ social media handles or addresses would unduly interfere with the rights to freedom of expression and privacy. It would also be disproportionate to any purported legitimate aim that the CBN seeks to achieve.

“The cumulative effect of any attempt to access details of customers’ social media handles or addresses would be to undermine the letter, substance and spirit of the rights to freedom of expression and privacy of Nigerians.

“The effective enjoyment of these fundamental rights constitutes a fundamental pillar for building a democratic society and strengthening democracy.

“The positive obligations on Nigeria to ensure the rights to freedom of expression and privacy will only be fully discharged if individuals are protected against violations by institutions like the CBN.

“The Nigerian Constitution guarantees in Section 39 the right to freedom of expression and in Section 37, the right to privacy.

“Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights also guarantee the right to freedom of expression. Article 17 of the Covenant also guarantees the right to privacy.

“In particular, Article 19(1) of the Covenant establishes the right to freedom of opinion without interference. Article 19(2) establishes Nigeria’s obligations to respect and ensure ‘the right to freedom of expression,’ which includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers.

“Under article 19(3), restrictions on the right to freedom of expression must be ‘provided by law’, and necessary ‘for respect of the rights or reputations of others’ or ‘for the protection of national security or of public order (ordre public), or of public health and morals.

“The principles of legality, necessity, and proportionality, apply to the right to privacy in the same manner as they do to freedom of expression and other fundamental freedoms.

“Restrictions to the rights to freedom of expression and privacy that do not comply with the elements of legality, legitimate purpose, and necessity and proportionality shall be deemed unlawful.”

The suit was filed by Kolawole Oluwadare and Ms Blessing Ogwuche on behalf of SERAP. No date has been fixed for hearing of the suit.

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• ‘WHY I’M ON THE RUN,’ BY BEAUTICIAN

The Federal High Court sitting in Abuja has declared wanted a beautician Pamela Onyeagusi following repeated absence from court to face a four-count charge preferred against her by the Federal Republic of Nigeria.

CITY LAWYER gathered that the court ordered the Federal Competition and Consumer Protection (FCCPC) and other security agencies to declare her wanted via publications in local and international dailies. The matter was adjourned to September 21, 2023 for arraignment of the defendants.

It was also gathered that the court ordered that the bank account of the defendant should be frozen, even as there are strong indications that the defendant is now a fugitive, having escaped from Nigeria.

According to a charge sheet obtained by CITY LAWYER, Onyeagusi was charged alongside her business entity, Lotela Beauty, for “misleading and deceptive representation to Hon. Justice Zaynab M. Bashir by holding yourself out as a duly certified medical professional in the use of laser technology for skin therapy thereby committing an offence contrary to Sections 123 (1) and 125 (1) of the Federal Competition and Consumer Protection Act, 2018 and punishable under Section 155 of the Federal Competition and Consumer Protection Act, 2018.”

Onyeagusi and her outfit were also charged with inflicting “grievous bodily harm on Hon. Justice Zaynab M. Bashir by supplying a defective and unprofessional treatment with the use of Laser technology for skin therapy,” thereby committing an offence contrary to Section 136 (1), (2) and (3) of the Federal Competition and Consumer Protection Act, 2018.

The charge follows a complaint to the Federal Competition and Consumer Protection by the jurist as well as a hearing by the commission where Onyeagusi insisted on her innocence.

The latest order came on the heels of an earlier bench warrant for the arrest of Onyeagusi issued by the court on May 23, 2023. The prosecution had last Friday informed the court that all efforts to execute the warrant had proved abortive.

CITY LAWYER gathered that though security operatives had launched a massive manhunt for the embattled beauty therapist, trailing her relatives and all known contacts in a bid to bring her before the court for arraignment, this has been futile. This followed the sealing of her beauty parlour which also doubles as her residence.

In an earlier interview with CITY LAWYER, Onyeagusi had denied the allegations, saying that the thigh procedure she performed on the judge went awry because she failed to follow her instructions. Onyeagsui had told CITY LAWYER that she was compelled to refund all monies paid by the judge due to severe threats allegedly heaped on her by the jurist.

According to a demand letter by the law firm of Ganiyu Ajibola Bello obtained by CITY LAWYER, the judge’s solicitors had warned: “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.”

CITY LAWYER gathered that the judge was angered 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 2022, 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 she is well trained in the field.

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.”

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• ASKS BPE, ADEKANOLA TO SHOW COMPLIANCE WITHIN 7 DAYS

The Federal High Court sitting in Lagos has ordered the Inspector-General of Police and his officers to immediately vacate the premises of popular Foreshore Towers in Ikoyi, Lagos.

In a ruling issued today by Justice Daniel Osiagor, the court frowned at the “flagrant disobedience of its order to maintain status quo given on the 23rd of May, 2023,” and ordered “That the Inspector General of Police and his subordinates should hereby vacate the premises immediately and revert possession to the earlier possessee – the Plaintiff.”

The court also ordered the Bureau of Public Enterprise and Otunba Olusola Adekanola to within 7 days file in the court affidavit of facts “signifying their withdrawal from the premises in complying with the Court Order and undertaking not to enter the premises during the pendency of this case.”

Justice Osiagor adjourned the substantive suit to October 30, 2023 “for Defence of the 1st and 6th Defendants.”

The order followed an application brought by the law firm of Rickey Tarfa & Co. on behalf of the Plaintiff, Associated Property Development Company Limited, praying the court to order the police to vacate the premises which were forcefully sealed about a fortnight ago.

The Plaintiff had in 2008 sued the Federal Ministry of Communication & Technology and six other defendants over a development lease granted the company by the ministry.

Joined in the lawsuit are Otunba Olusola Adekanola; Nigerian Telecommunication Limited; Federal Ministry of Environment, Housing and Urban Development; Implementation Committee on Alienation of Federal Government Property; Attorney General of the Federation, and Persons Unknown. The suit is marked Suit No. FHC/L/CS/4767/2008.

While the plaintiff was represented by Abubakar Shamsudeen who led Ngozi Ngonadi and I. S. Matesun, the 2nd (Adekanola) and 3rd (NITEL) defendants were represented by Dr. Roland Otaru SAN who led J. A. Oladapo. The 4th (Federal Ministry of Lands, Housing & Urban Development) and 5th (Implementation Committee on Alienation of Federal Government Property) defendants were represented by I. Eigbe.

The forceful take-over of the prime property by a detachment of police operatives came against the backdrop of a ruling by the Federal High Court refusing an application by BPE to join in the ownership tussle over the property.

The fierce-looking police operatives had invaded the property penultimate Sunday and forced out all tenants before sealing it, saying they were acting on ‘order from The Presidency (Bureau of Public Enterprises).’

Though the police officers did not show any court order directing sealing of the property, they pasted several notices around the property which read, “NOTICE! NOTICE!! NOTICE!!! THIS IS TO NOTIFY THE GENERAL PUBLIC THAT THIS PROPERTY HAS BEEN TAKEN OVER BY THE PRESIDENCY (BUREAU OF PUBLIC ENTERPRISES). FOR MORE INFORMATION AND INQUIRIES, KINDLY CALL 08054771463.”

Another notice read: “NOTICE TO ALL TENANTS: THIS IS TO ADVISE LEGITIMATE WITH PROVEN UP TO DATE RENTAL PAYMENT TO CALL 08023175000 TO VET YOUR DOCUMENTARY EVIDENCE OF PAYMENT FOR ACCESS TO YOUR OFFICES AND SHOPS.”

Justice Osiagor had last year rejected an application brought by BPE to join in the 15-year-old legal tussle over Foreshore Towers.

Dismissing BPE’s application, the court held that the “Applicant is the agency that liquidated NITEL the 3rd Defendant in the suit. It intends raising jurisdictional issues which am informed is already subject of an interlocutory appeal at the Supreme Court.”

The court held that BPE’s proposed statement of defence and exhibits “rely primarily on documents and actions of parties already defending the suit,” adding that “From the avalanche of proposed documentary Exhibits, the Applicant intends to rely on documentary hearsay to make itself interested in this suit.”

Said Justice Osiagor: “I must add finally that Applicant’s proposed defence will eventually dovetail to relying on the defence Justertii which has no relevance in our property jurisprudence.”

The property development company had sought “A declaration that by the combined effect of the Lease Agreement dated 29th September, 1983 between the Plaintiff and the 1st Defendant and as novated by the special clauses contained in the certificate of occupancy number 90/90/37, the lease agreement between the Plaintiff and the 1st Defendant is still valid, legal and subsisting.”

The company also sought “AN ORDER of perpetual injunction restraining the Defendants, their agents, officers or anybody acting through them from tampering with, alienating, or disturbing the lease agreement between the Plaintiff and the 1st Defendant.”

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A former judge of the Federal High Court, Justice Taiwo Taiwo is among jurists lined up by the Nigerian Law Society (NLS) for its inaugural Annual General Conference (AGC).

According to a statement made available to CITY LAWYER, former Chairman of the Governing Board of Legal Aid Council of Nigeria, Chief Bolaji Ayorinde SAN who will deliver the Keynote Address. He will speak on the topic, “Freedom of association of legal practitioners: Navigating the web of statutory professional regulations.”

Aside from FORMER Bauchi State Governor Mohammed Abubakar who is Chairman of the occasion, Justice Taiwo is Lead Discussant while Hajiya Fatimah Talatu Mohammed, a former Officer at the Corporate Affairs Commission (CAC), is also listed as a discussant.

To register for the inaugural NLS AGC, click here https://us06web.zoom.us/webinar/register/WN__k9HWn4vRSGnz9rIw_IOCg

Below is the full text of the statement.

NOTICE OF NEW ZOOM LINK

1st NLS General Conference WEBINAR

Under the distinguished Chairmanship of His Excellency Mohammed A. Abubakar, SAN,

(Fmr Governor of Bauchi State)

Keynote Speaker

Chief Bolaji Ayorinde SAN, OFR

Topic : Freedom of Association of Legal Practitioners; Navigating the Web of Statutory Professional Regulations

Discussants

1. Hon. Justice Taiwo Taiwo (RTD),

(Retired Judge of the Federal High Court)

2. Hajiya Fatimah Talatu Mohammed

(Fmr officer at CAC)

July 28, 2023 10:00 AM Universal Time UTC

 Register in advance for this webinar:

https://us06web.zoom.us/webinar/register/WN__k9HWn4vRSGnz9rIw_IOCg

 After registering, you will receive a confirmation email containing information about joining the webinar.

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The Supreme Court of Nigeria has denied an online report that the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, had a telephone conversation with President Bola Tinubu, or anyone else, on the ongoing Presidential Election Petition on the 2023 election.

Meanwhile, former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu has stated that the apex court and judges should come to terms with the “vast trust deficit” within the justice sector and put countermeasures to address the issue.

The apex court said Justice Ariwoola neither spoke with Tinubu nor the Director General of the Department of State Service (DSS) with a view to pressurizing the Presidential Election Petition Tribunal on the likely judgment to give in respect of the petitions.

The apex court’s Director of Press and Information, Akande Festus, in a statement issued in Abuja today, said: “In view of the rumour currently circulating in the social media space that the Chief Justice of Nigeria, Hon. Justice Olukayode Ariwoola had a telephone conversation with His Excellency, President Bola Ahmed Tinubu and the Director General of the Department of State Service (DSS) with a view to pressurising the Presidential Election Petition Tribunal on the likely judgment to give, it is imperative to state clearly that there is no iota of truth in the narrative, as there was no such telephone conversation between the CJN and anyone.

“Nigerians have been following the proceedings at the Presidential Election Petition Tribunal with admirable enthusiasm. So, it is advisable we all sustain the tempo and follow it up to the end, instead of relapsing into the realm of speculations and rumor peddling that will not do anyone any good.

“If this current trend of falsehood and mudslinging is sustained, our nation may not make the desired progress.”

He said the courts are statutorily established to serve the best interest of the masses, adding that the apex court will do so.

His words: “We wish to plead with everyone to cooperate with the judiciary to serve the country to its full capacity, as no one will ever be favoured against the other in any dispute.

“The rule of law and supremacy of the Nigerian Constitution will always be upheld and applied in every matter that comes before the courts; as the facts presented and the subsisting laws must be applied in determining the merit or otherwise of each matter.

“The public should be rest assured that justice will be done to all matters pending in the various courts across the country, irrespective of who is involved.”

Speaking on CHANNELS TELEVISION’s “Politics Today,” Odinkalu said the public has lost its trust in the judicial system.

“The judicial system reflects a trust deficit that has been long in the making and it is not one thing or an event, it is a build-up,” he said. “The cumulative effect of all of this is that people no longer trust judges.”

Asked if it was a case of mudslinging aimed at the CJN and other judges, the human rights activist dispelled the notion saying, “There is a problem with judicial credibility and this credibility crisis arises almost always in party political cases and election petitions.

“It goes back to the 1979 elections. Since we have been in the election system, judges have been increasingly playing a role in adjudicating election disputes.

“Up to 2003, I think it was tolerable. After 2003, we went into a new territory in which judges started deciding who won and lost elections, started adding and subtracting numbers, and with that, the levels of money being thrown at judges in order to buy decisions began to change.”

On possible solutions to the growing issue, Odinkalu stated that the CJN should first desist from any form of nepotism. “The Chief Justice should not be appointing his son the judge of a Federal High Court, no matter how good his son is,” he said. “There is nothing hereditary about judging and the senior judges should stop doing insider trading with judicial appointments.

“As a country we have to say enough is enough. The buying of the judiciary is why these forms of allegations are being traded.”

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From August 25 to September 1, 2023, lawyers from all the nooks and crannies of Nigeria will converge in the nation’s capital, Abuja, for the Annual General Conference (AGC) of the Nigerian Bar Association (NBA). Unarguably, this is the world’s largest gathering of lawyers. This year, NBA’s flagship event holds at the M. K. O Abiola National Stadium in Abuja. Already, over 14,000 lawyers have registered, and many more are expected to register onsite at the Conference venue. The Chairman and Co-Chairman of the AGC Planning Committee, past NBA General Secretary, Mazi Afam Osigwe, SAN and Mrs. Oyinkansola Badejo-Okunsanya speak on their level of preparedness for the upcoming conference

MAZI AFAM OSIWGE SAN

‘OUR CONFERENCE WILL FOCUS ON SUSTAINABLE DEVELOPMENT’

The Conference theme, ‘Getting it Right, Charting the Course for Nigeria’s Nation Building’ appears quite broad and encompassing. There doesn’t seem to be much law in it. What informed this year’s Conference theme? Kindly, speak to the theme

The Nigerian Bar Association strongly believes that ineffective leadership, lack of vision and fidelity to the achieving the objectives of government, are the bane of development in Nigeria.

The NBA believes that if we do things in all spheres of our National life, Nigeria will attain its pride of place in the comity of nations. If the country tackles its security challenges, eliminates waste in government, tackles corruption and stabilises the economy, it will be a beautiful bride that all will want to do business with. The quality of life of its people, will also be greatly improved.

NBA agrees that strong, effective, transparent, and accountable institutions are essential for sustainable development, and critical for governments to deliver services to their citizens. Thus, strong institutions are important for economic development and performance. The questions often arise, how do we build strong institutions? How do we strengthen existing institutions? How do we build institutions that will ensure Nigerians citizens enjoy good governance? We will do this by ensuring that our leaders do what they promised to do, and the citizens give them the requisite support.

Good governance brings about social development. It is essential for social development. Good governance does not end only with economic development. The result of development, ensures that every class of people in society enjoys the basis of fairness. It is believed that Lawyers are essential for the protection of human rights, rule of law, access to justice and general advocacy for good governance, and so, it became expedient to focus the theme of this year’s Conference on conversations of how we can get it right as a country, while touch lighting the essential role of Lawyers in that regard. The relationship of good governance with political development, is quite important. If the political leaders of a country are not active in establishing good governance, then its establishment in that country is not possible. Its success depends largely on the sincerity of the political leadership, and adherence to the rules and regulations of the political establishment.

What resonates across all religious, tribal, political and demographic divides, is the desire for good, purposeful leadership to bring us to the nation that we have the potential to become. Against this backdrop, the theme of this year’s Conference: “Getting it Right – Charting the Course for Nigeria’s Nation Building”, is most apposite. It is a carefully thought-out theme, that reflects our current realities. We are on the cusp of a new administration, and demands are stringent for our leaders to get it right in all areas of our national development. And the role of the legal profession in the quest for getting it right, will be central to discussions at the Conference. We must therefore get it right.

The NBA President announced last week that over 14,000 delegates have already registered. Does your Committee have the capacity to handle this humongous number of delegates? Where is the venue of the Conference?

We are proud to say that over 14,000 delegates have registered for the Conference. This number has informed the choice of the Moshood Abiola National Stadium, Abuja, as the venue for this year’s Conference and we daresay, delegates will not be disappointed.

From the religious services to kick off the event, the golf and football tournaments, the health walks, the plenary and breakout sessions, to the ever-vibrant Friendship Centre and Mammy market, the bustling Exhibition Hall, the ‘Unbarred’ concert and the President’s Dinner, the Annual General Conference has always provided something for everyone, and this year will be no exception!

The Conference Planning Committee (CPC) is single-minded in its determination to successfully deliver on the task entrusted to it. At this point, you will be right to say that we are already dotting our Is and crossing our Ts. We have confirmed the readiness of Conference materials, like the bags. We have seen in times past, that this has always been a major problem. Learning from that, we have ensured we finalise arrangements on materials like this, so we do not have issues of inability to deliver during the Conference.

It is important at this point, to salute the enthusiasm our colleagues have towards the Conference, because having that number of persons register for the Conference tells you that there is readiness on their part to participate in the Conference, and the expectations are high. As a Committee whose membership comprises of persons who have, over time, displayed leadership capacity in different areas of our endeavour, I believe we have the capacity to deliver an exciting Conference. I say this bearing in mind the fact that the level of preparation thus far has been successfully executed, because of the efforts put in by every member of the CPC.

The NBA is the largest professional body in Africa. Given your lead position, does your Committee have any plan to invite members of the Law Associations of some other African countries?

The Nigerian Bar Association prides itself in building strong and sustainable partnerships, with relevant law associations and professional bodies within and outside Africa. We sure do have plans, and we have extended an invitation to our sister law associations and professional bodies within and outside Africa. Bodies like the Cameroon Bar Association, International Bar Association, African Bar Association, American Bar Association, Nigerian Medial Association, inter alia, have been invited for this year’s Conference.

For the very first time in the history of the NBA, we are witnessing materials including bags being prepared and distributed to Conferees way ahead of time. How was this been achieved? Was this method devised to avoid the fiasco of last year, where Conference materials were looted from the venue by Lawyers?

Issues around making sure that Conference materials are readily available ahead of Conference, I believe, are all a product of the level of preparation put into the Conference. The distribution of the bags ahead of the Conference, indicates how prepared the Committee is to ensure that the Conference is a huge success and a seamless one.

The members of the Committee understand the need to rewrite the history of the stress experienced by our members, while getting their conference materials. From our experience, we realised that beyond awarding the production contract, there was need to have a good follow-up system, which is what helped us to keep the contractors in check for them to deliver on time. With this development, we are now hopeful that issues like looting of Conference materials will not happen.

What is the level of involvement and participation of Government and policy makers in this Conference?

The reality of today’s Nigeria is that we cannot completely have the conversation around how well we have done as a country, and what is to be done without involving Government personnel and policy makers, to drive home these conversations on how far we have come as a country, and making projections for the future. It is in this light that we have decided to invite some Government personnel and policy makers, to also share their thoughts on the conversations around the theme for this year’s Conference. We have also involved the Government agencies like the Police and relevant agencies to provide adequate security during the course of the Conference, as the importance of security cannot be overemphasised.

How will you ensure that the outcome of this Conference will not just be a mere talk shop, so that the outcomes will be impactful?

Our major concern during the Conference as a Committee, is to ensure that every Lawyer who registered to be a part of the Conference will definitely have an impactful experience. In achieving this, we have carefully ensured that the activities are tailored to develop our colleagues professionally. Beyond the conversations that will happen during the Conference, we are also determined to ensure that resolutions are reached and steps are taken to actualise them, by communicating same to relevant agencies.

We believe that the advocacy for good governance is one of the cardinal reasons why the Nigerian Bar Association exists, and as such, we will utilise the opportunity of the Conference to also live up to expectations in that regard.

We have also lined up social activities, that will give our colleagues the opportunity to ease off the stress of legal practice. In all, we are committed to making sure that this year’s Conference is impactful on our colleagues, and Nigeria at large.

OYINKANSOLA BADEJO-OKUSANYA, ESQ.

WE PROMISE A ‘BEST-EVER’ CONFERENCE

Putting together a Conference of this magnitude, must necessarily come with its peculiar challenges. What are those challenges, and how are you tackling them?

Thank you. There is no task that is insurmountable once you break it down into smaller, manageable components. That is what project management is all about. And, the Annual General Conference is definitely a project. A humongous one at that, and it must be properly managed to be successful. Teamwork is critical to managing a project of any magnitude really. The cliché that teamwork makes the dream work is true, and this, I would say, is the major tool we have deployed in the Conference Planning Committee to tackle these challenges you refer to.

The first thing that the Chairman of the CPC, Mazi Afam Osigwe, SAN did, was to divide the CPC into sub-committees. We have sub-committees for Finance & Fundraising; Content, Entertainment; Administration; Media & Publicity; Monitoring & Evaluation; and Logistics, which I chair. Through the sub-committees, we have been able to handle the myriad of tasks required, to put this huge project together. It’s daunting, no doubt, but with the help of God we are getting it right!

What are the highlights of the Conference? Who will deliver the Keynote Address? Who are some of the other Speakers Lawyers should expect, and what are some of the topics they will be speaking on? What are the topics of some of the breakout sessions?

The highlights of the Conference, keynote speaker and other speakers – watch this space! Our theme, Getting it Right is so apposite for a time like this in our national development, that it has generated tremendous interest. Fitting all the proposed topics and eager speakers and resource persons into the limited number of sessions is a challenge. The Content Sub-Committee have had their work cut out for them, but they have been able to come up with a sterling faculty and very soon, we shall begin to share details with the delegates and the public.

Many young Lawyers have complained about the Conference registration fee, which they say is astronomical. For new wigs less than five years at the Bar, shouldn’t there be a considerable discount to enable them to afford the cost to attend? What concessions have you made to make the Conference more affordable for young Lawyers? Hotel discounts etc?

Transport arrangements? I would be very surprised, to hear that young lawyers are complaining about Conference fees. Let’s face it, our conferences are expensive to organise, because of the sheer number of delegates. Last year, we had over 14,000 registered delegates. This year, we have hit that mark, and the figure is still climbing. At the close of early bird registration, we had almost 12,000 registered delegates.

Now, this is a week-long Conference that starts on a Friday, with a Jumat service and ends the following Thursday, with the AGM. We serve a full lunch every day to all delegates on the three active Conference days, (Monday, Tuesday and Wednesday). We give out top quality conference bags, with a jotter and a pen included. There is at least one plenary session per day, with at least five breakout sessions happening simultaneously, at least twice a day. We provide virtual Conference facilities, and the supporting multimedia and audio visual facilities at the Conference to ensure that virtual attendees have a seamless experience. We have a world class Exhibition Hall, the like of which you will find at international conferences like the International Bar Association conference. We run a Friendship Centre for the entire duration of the Conference, where Lawyers relax after the day’s sessions with daily entertainment. This year we are introducing for the first time, a Karaoke Lounge. We hold sports competitions.

Bear in mind that, our Conference is the largest annual gathering of Lawyers anywhere in the world. This year we are preparing for 18,000 delegates, based on historical data. You and I know there is no existing purpose built conference facility in Nigeria, that can accommodate this number of conferees. So, for the last few years the NBA has had to build a Conference village, sometimes from scratch. In 2017, the Landmark Event Centre in Lagos was used, with marquees built around it and across the road. In 2021, the Conference village was built around the stadium in Port Harcourt, and last year the Conference village was built from scratch at Eko Atlantic City, Lagos. It was only the Opening Ceremony that was held at Eko Hotel. This year we are using the M.K.O Abiola National Stadium, and the expense involved in getting that venue conference ready and fit for purpose, is better imagined. Just as a sampler, imagine the cost of diesel required to power the conference venue for at least seven days. Juxtapose all I have said with Early bird conference fees as low as N7,500.00 for young Lawyers that meet the Continuing Legal Education (CLE) threshold, and N15,000.00 for those that don’t, and no higher than N40,000.00 for late registration or N60,000.00 for on-site registration, and you will begin to understand why I’m saying I would be surprised to hear that any young Lawyer is saying that the Conference fees are astronomical. The most that any young Lawyer will pay to attend the Conference is N60,000.00, and that is only if that young Lawyer decides at the very last minute to attend. If they choose to attend virtually, all they pay is N5,000. So, there is no cause to complain at all. I haven’t heard any complaints, and like I said, I would be surprised to. As a matter of fact, if any Lawyers should be complaining, it is the more senior Lawyers, who have to pay much more to cushion the effects of the concession given to young Lawyers.

Regarding, hotel and transportation, the CPC has been intentional about helping to bring delegates’ hotel and transportation costs down, as much possible. We deliberately appointed three different logistics companies – Aishaba Logistics, Aura by Transcorp Hilton and NACO Logistics, to drive and keep down the cost. And, they are now competing to give delegates the best possible rates. We haven’t stopped there. We are still exploring other partnerships, all in a bid to ensure that delegates enjoy the benefit of volume discounts across board.

For those who would prefer to attend virtually, will they be entitled to conference bags and other conference materials? If so, how will they be able to access these materials?

There is no immediate plan to do that, no. But, if we have any bags left over after all registered physical delegates have collected their bags, we may discuss offering them to virtual delegates after the Conference on a first pay first served basis, at an additional fee to cover the cost of the bag and dispatch to the virtual attendee. But, this is something that is not yet on the table, and we will very likely only consider it when, or if the circumstances I referred to arise.

Kindly share with us some of the side attractions that this year’s Conference has to offer, especially for the teeming young members of the Association

I am not sure I subscribe to this emphasis on young or younger members of the Bar. The NBA is for every Lawyer – young, not so young, the old, the elderly and Lawyers with disabilities, alike. The President of the NBA, Mr. Y. C. Maikyau, OON, SAN, FCIArb, has made that very clear, and the CPC is following suit. So, some of our innovations have taken this into consideration. As you know, every year the NBA Conference also hosts football and golf competitions. This year we are introducing table tennis, which was first suggested by a senior member of the Bar, Mr. Olusegun Fabunmi, SAN, himself an avid table tennis player. He has also offered to sponsor the table tennis tournaments, both male and female, for which we are very grateful.

The sports innovation I am most excited about though, is the Wheelchair table tennis, which we will be featuring for the very first time at any NBA Conference . This, as I said, is in furtherance of the NBA President’s deliberate intention for the NBA to be much more inclusive, and the CPC has been running with this vision. Equally exciting, is the fact that Google is partnering with the NBA Conference for the first time this year, and is sponsoring the Wheelchair Table tennis tournament. Google is also setting up an experiential booth to give Lawyers with disabilities the opportunity to experience the latest accessibility products, services and features by Google with interactive displays and demonstrations. They will also conduct a digital skills training session, to teach attendees digital skills hands-on.

These are just a few of the exciting things we have planned for all, not just young, Conference delegates this year.

I must commend the efforts of all the active members of the CPC, for their sacrifice and dedication. They bring so much energy into the room, and their commitment is exemplary. We are also enjoying tremendous support from NBA Secretariat staff and the NBA National Officers. The Chair of the CPC, Mazi Afam Osigwe, SAN and I are fortunate to be working with such dedicated colleagues to midwife this Conference. We have promised a ‘Best-Ever’ Conference, and by God’s grace we will get it right, and we will deliver!

How many Continuous Legal Education Points would Conferees be entitled to from attending this Conference?

Certainly! Points are calculated at 1 CLE point for each hour of sessions attended. When the programme is finalised the number of CLE hours will be determined, and all registered delegates will get the points. It’s been a pleasure talking to, thank you.

Thank you both.

CREDIT: This interview was conducted by Onikepo Braithwaite and Jude Igbanoi and originally published in THISDAY LAWYER.

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The 2023 Annual Conference of the Nigerian Bar Association Section on Legal Practice (NBA-SLP) ended today as delegates began to leave Abuja to their various stations. The well-attended Annual Conference held at NBA House, Abuja. Many leading lights of the Bar and Bench as well as other justice sector stakeholders attended the eagerly awaited two-day technical sessions which dwelt on the theme, “Legal Practice Without Borders.” The conference was garnished with several sideline and fun events.

NBA-SLP 2023 CONFERENCE: DAY 3 PLENARY SESSIONS

The programme started by 9:30 am with an Opening Prayer, the NBA prayer, followed by the National Anthem. There was a recognition of notable NBA members and special guests.

Byte Size Series: Cross Border Crime Prosecution/Defence And the Concept of International Anti-Corruption Court, by Charles Philip Adeogun.

Plenary Session One started at 10:08 am with the topic, “Legal Practice, Domestic Violence and Child Abuse Matters: A Jurisdictional Comparison.” The Chairperson of the Session was Hon. Justice Ejembi Eko while the Panelists were Hon. Justice Opufaa Ben-Whyte, Amina Suzanah Agbaje, Olumide Omosebi, and CSP Dolapo Badmus.

It was noted that women and children suffer domestic violence. India has 30% rate of domestic violence; in the United States, reports of domestic violence are about 10%. A child who grows up in home prone to domestic violence home will likely become violent growing up.

In the NBA Violence Against Children, 66% of girls and 55% of boys suffer violence while growing up. In the US, it is called “Family Violence” while in the UK it’s called “Domestic Abuse.” Domestic violence was defined as a pattern of behavior used to gain control over a partner.

In Nigeria, there are the Domestic Violence Act and the Child Rights Act, 2003 (CRA). The CRA has been adopted in many States. It is pertinent to note that the Domestic Violence Act does not treat violence as a criminal offence. Causes of Domestic Violence and Child Abuse are unemployment, societal disorder, and lack of education among others. Amina Suzanah Agbaje Esq advised lawyers to take up domestic violence cases on pro bono. It was noted that challenges in domestic violence matters include the slow pace of justice delivery.

Domestic Violence affects both men and women. The most challenging aspect is that some stakeholders often treat domestic violence as a “family affair,” thus making the culprits to engage in impunity. It was suggested that the law against stalking – which obtains in Turkey – should be enacted into Nigeria’s body of laws as a deterrence against domestic violence.

Byte Size Series: CHATGPT and its Potential Impacts on Law Practice, by Fernandez Marcus-Obiene. There is a CHATGPT App. It gives you information online and also remembers previous conversations with you. It understands what is said, and proffers a response.

Plenary Session Two started at 11:49 am with the topic, “Law Practice in the Digital Age: Balancing Professional Responsibility and Technological Innovation.” The Chairperson of the session was Hon. Justice Peter A. Akhihiero while the panelists were Hon. Justice O. O. Oyewumi, Mena Ajakpovi, Àa Edet Esq, Inemesit Dike, and Dr. Maryam Shehu Mohammed.

Justice Oyewumi stated that Legal Practice has moved from the hitherto conservative way. The jurist noted that technology innovation has helped in delivering several cases virtually, adding that it is a quick and effective way of delivering justice. Justice Oyewumi noted that virtual trials have not taken away the respect accorded lawyers. The jurist stated that the NICN Rules 2017 ensures that court proceedings are in line with global best practices, adding that where a hearing notice is sent through email and text messages among other channels, such notices are deemed as valid.

Inemesit Dike stated that technology is here to stay. She urged lawyers to take advantage of technology in order to be able to succeed in the profession. She encouraged tech lawyers to obtain certification for their skills, adding that Artificial Intelligence (AI) may take away the job of a lawyer unless such a lawyer has equipped himself with the relevant knowledge and skills.

On the Data Protection Act, it was noted that the global economy now runs on data in all facets of human endeavor, adding that this underpins why we need to protect our privacy through Data Protection Act. As lawyers, we should understand the rules in protecting our clients as well as learn what privacy is all about especially for those who own the data. The Data Protection Act also gives punishment to those who violate the privacy rights of persons. It was also noted that technology is designed to upstage the existing versions.

Byte Size Series: Business Facilitation Act.

Plenary Session Three started at 2:11 pm with the topic, “Exploring the Frontiers of Dispute Resolution in Investment Matters In Nigeria: Investments & Securities Tribunal In Focus.” The Chairperson of the session was Hon. Amos Issac Azi while the panelists were Hon. Jude Ike Udunni, Hon. Nosa Smart Osemwengie, Alex Muoka, Onyedikachi Edeh, and Prof. Augustine Agom.

The panelists stated that there is a civil law that created Investments & Securities Tribunal as civil law. Arbitration is also a mechanism added and utilized from the law. There are reasons why IST has attained so much; they have membership which are drawn from different backgrounds.

Hon. Nosa Smart Osemwengie also stated that the financial market is divided into the Money Market and Capital Market which is a long time fund and matter of dispute is settled by the Investments & Securities Tribunal 2007. IST used to have jurisdiction over pension matters but no longer do. Note that the IST is not an inferior court, and appeal from the IST goes to the Court of Appeal. The Federal High Court can enforce jurisdiction from IST or any other courts when it (Federal High Court) does not have jurisdiction. By the IST Rules 2004, the IST is a fast track court that must resolve dispute within 3 months.

Procedurally, according to Onyedikachi O. Edeh Esq., cases are not mentioned at the tribunal; instead, the tribunal proceeds to hearing of the case. In the course of evidence, when it is time to tender documents, same are tendered together in a bundle. Also, it is noteworthy that the tribunal is a fast-track court in case of time management. It was also stated that the tribunal has served as a check in the way we do things as lawyers. The decision of the tribunal also encourages investment inflows to the country, and the tribunal has also helped to enrich the jurisprudence on capital market.

Among the challenges besetting the sector is shortage of subject-matter experts to cushion the shortage generally of Investment matters and encourage lawyers to go into IST because there is a lot to gain from the market.

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Justice Yellim Bogoro of the Federal High Court has awarded N3 Million as damages against the United Bank for Africa (UBA) in a privacy rights case brought by popular columnist, Mr. Azuka Onwuka.

The court also granted another N3 Million against the bank as cost of litigation.

It held that the opening of an account in the name of the columnist and without his consent was a breach of the banker-customer relationship and his right to privacy.

According to court processes obtained by CITY LAWYER, the Lead Counsel to the plaintiff, Mr. Chijioke Okoli SAN had prayed the court for “A DECLARATION that the Respondent’s unilateral opening of a current account number 1003293912 for and in the name of the Applicant and purportedly operating same for him notwithstanding the absence of any consent constitute violations of his data privacy which is an aspect of the fundamental right to privacy enshrined and protected under section 37 of the Constitution of the Federal Republic of Nigeria.”

He also urged as follows: “A DECLARATION that the Respondent’s abuse of its position as a financial institution patronized by the Applicant through the imposition upon him of a second current account by which account it unlawfully assumed the position of a tribunal and forcibly debited and extorted payment from him of his money constitutes gross violations of fundamental right to fair hearing and property inherent in the expropriated money and contrary to sections 36 and 44(1) of the Constitution of the Federal Republic of Nigeria and article 14 African Charter on Human and Peoples Rights;

“AN ORDER for immediate the payment of the sum of N100,000,000:00 (One Hundred Million Naira) as general/exemplary damages by the Respondent to the Applicant;

“AN ORDER for the immediate payment of the sum of N5,000,000:00 (Five Million Naira) by the Respondent to the Applicant as cost of the action;

“AN ORDER for the tender of written unreserved apology by the Respondent to the Applicant for the humiliation, grief and annoyance it caused him in the circumstances of this case.”

Onwuka, who had an account with the UBA Plc for over 20 years, had approached the bank to know the status of the account, given that he was discussing a consultancy contract with a foreign bank and sought to forestall to any negative report.

UBA however informed him that the account had become dormant, adding that he had a debit of N50,000 on another account opened in his name but without his approval. He was also informed that his name had been submitted to the Credit Bureau of the CBN as a debtor.

CITY LAWYER gathered that the bank refused to give Onwuka any certificate of non-indebtedness unless he settled the debit entries on the second account. Also, while the bank received a demand letter from Onwuka’s lawyers in September 2022 and responded by its letter of October 2022 to plead for time to look into the matter, it did not provide the plaintiff with any other feedback. His complaints to the Central Bank of Nigeria (CBN) also met a brick wall.

Though the bank vigorously fought the lawsuit through multiple applications filed by its lawyer, the court held that the action of the bank was a breach of the provisions of the fundamental right to privacy as secured by section 37 of the 1999 Constitution.

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A female lawyer based in the Lekki area of Lagos State, Ebikpolade Helen has been arrested in Anambra State for the production and distribution of ‘skuchies,’ a local drink manufactured using cannabis, opioids and blackcurrant.

CITY LAWYER gathered that twelve bottles of the prepared drink and 5kg of cannabis were allegedly recovered from her Lekki, Lagos residence by the NDLEA.

Other operations carried out across the country also led to the arrest of a Lagos resident Abubakar Shuaibu caught with 86 bottles of codeine-based cough syrup and an Ondo resident Abubakar Zayanu Gyambar found with 262 jumbo bags of skunk, among others.

A 19-year-old student, Benjamin Nnamani Daberechi, was also apprehended with 7.2kg of mathamphetamine by officials of the National Drug Law Enforcement Agency (NDLEA) at the Nnamdi Azikiwe International Airport, Federal Capital Territory (FCT).

NDLEA Director, Media and Advocacy Femi Babafemi disclosed this in a statement yesterday.

The consignment was concealed in a bag of crayfish with the intention to export the products to Europe, where Daberechi was headed for his undergraduate studies.

“The teenage suspect was intercepted on Wednesday 12th July, during an outward clearance of passengers on Turkish Airlines flight TK 0624.

“While being interviewed by operatives, Daberechi claimed he was a student on his way to Cyprus for studies, but upon a thorough search of his luggage, he was found in possession of 7.2kg of whitish substance neatly concealed inside a sack of crayfish. A field test of the substance however proved positive to Methamphetamine,” Babafemi noted.

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The eagerly awaited Opening Ceremony for the 2023 Annual Conference of the Nigerian Bar Association Section on Legal Practice (NBA-SLP) will hold today at NBA HOUSE, Abuja.

This comes against the backdrop of Welcome Cocktails hosted yesterday by the Chief Judge of the Federal Capital Territory (FCT) High Court, Justice Husseini Baba-Yusuf at the FCT High Court premises in Maitama, Abuja.

Meanwhile, the Conference Planning Committee, chaired by Chief Paul Harris Ogbole SAN, has taken delivery of the buses donated by the Chief Judge of the Federal High Court, Justice John Tsoho to ease logistical challenges of the conference.

According to the Chairman of the Publicity Sub-committee, Mr. Henry Bazuaye, the committee has also taken delivery of conference bags made for the event, while the full programme for the conference has been unveiled.

CITY LAWYER had reported that many A-List speakers have confirmed attendance at the event, even as distribution of the conference materials will commence today at 3 pm before the cocktail party.

To view the full programme, click here.

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NOTICE BOARD

You are invited to Day 5 of the 6-Day Arbitration Training Program by the NBA Institute of Continuing Legal Education.

Topic: Arbitration as a Practice
Date: 17th July, 2023
Time: 2pm – 4pm

Register for this webinar: https://tinyurl.com/2x6nzm7e

After registering, you will receive a confirmation email containing information about joining the webinar.

Tobenna Erojikwe
Chairman Board of NBA Institute of Continuing Legal Education

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Justice Ibironke Harrison of the Lagos State High Court sitting at the Tafawa Balewa Square annex, Igbosere has fixed 11 am on October 9 for Judgment in the murder trial of lawyer, Bolanle Raheem.

A suspended Assistant Superintendent of Police, Drambi Vandi, is standing trial for allegedly shooting the 41-year old pregnant realtor at the Ajah under bridge checkpoint, on December 25, 2022. Upon the close of case of both sides, the Director of Public Prosecutions in the state,

The Defence Counsel, Mr. Jude Ugwu, relied on all the paragraphs of the written address in support and adopted same as the argument for the case of the defence, urging the court to discharge the defendant.

Ugwu informed the court that the Defendant’s final written address was filed and dated 20th June 2023, and in response to the Prosecution’s written address, a reply on points of law was filed on the 12th of July, 2023.

He relied on all the paragraphs of the written address in support and adopted same as the argument for the case of the defence, urging the court to uphold the argument and discharge the defendant.

Ugwu argued that the case of the prosecution is based on hearsay and circumstantial evidence and was not compelling enough to convict the defendant.

The prosecution, led by Dr. Babajide Martins, informed the court that the prosecution’s written address was filed on the 5th July 2023. He relied on all the arguments therein and prayed the court to convict the defendant.

The Prosecution urged the court to disregard issues raised by the defence in its final written address and reply on points of law. He added that the issues about contradictions raised by the defence are not fatal nor can such occasion a miscarriage of justice.

“The ballistician’s evidence in court did not exonerate the defendant and never mentioned that the bullet did not emanate from the gun of the defendant.

“The ballistician mentioned during his testimony in court that the bullet was so damaged and shattered, making it difficult for identification.

“The testimonies by PW6 and PW7 respectively directly testified against the defendant, directing the court’s attention to the IPO’s (PW7) testimony, to the effect that the sister and husband to the deceased held on to the defendant after the shooting, and the fact that he was seen taking cover under the staircase of the hospital without his uniform and wearing mufti.

“PW6 testified that the defendant asked him for one ammunition after the incident.”

The prosecution argued that the action taken by the defendant to fire the ammunition was deliberate and direct in killing the deceased.

Another counsel, Olakitan Bolu-Agbaje, representing the deceased’s family and Abiye Tam-George, representing the Nigerian Bar Association, were also present at the hearing. Only the defendant had testified in his own defence.

In his testimony before the court, he told Justice Harrison that the bullet presented in court which was said to have killed Bolanle Raheem did not come from the rifle he carried on that day. He also claimed that he had never seen the bullet until it was tendered in court

His words: “It must pass through at least four objects, and this is not the ammunition in my rifle on the 25th of December, 2023. The rifle is automatic. By using this bullet, you must cork the rifle and anyone around that area will hear the noise of the cork.

“Once it is fired, the shell will fall on the right side on the ground near the person that fired it and it will remain at the point of fire. The noise will be so loud when fired.

“I’ve never come across this exhibit before even all through my training and it’s not the type of ammunition used by the police.”

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FEATURED

Nigerians are daily embracing Solar Technology as a surest path to steady power and reduced cost.

Eti-Osa Lawyers’ Forum (ELF) has recorded another milestone with its forthcoming collaboration with the Lagos Multi-Door Courthouse (LMDC) to host this year’s “Lagos Settlement Week (LSW).”

The LMDC is noted for its work in the alternative dispute resolution (ADR) sector. “The LSW provides enhanced, timely, cost-effective, and user-friendly access to justice,” says LMDC.

According to Mr. Adewale Sanni, the Chairman of Eti-Osa Lawyers’ Forum, “This is the first time that the annual settlement week is extended to Eti-Osa environs where the Christopher Olatunde Segun Courthouse will be used.”

He added that “We are doing this to help decongest our courts of matters so that we can ease the burdens on our judges in order for them to focus on more contentious matters.”

Sanni, a longstanding mediator at the LMDC, said: “On behalf of the executive committee, I enjoin all members of the Eti-Osa Lawyers’ Forum and the entire residents of the community to support and take advantage of the Lagos Settlement Week undertaken by the LMDC commencing on the 17th of July, 2023.

“This affords a golden opportunity for lawyers and litigants to access quicker and cheaper dispensation of justice at our doorstep in Eti-Osa. The management of the LMDC has sought our cooperation towards the success of the programme and I have therefore given my full support on behalf of the Forum. I enjoin members to take advantage of the very simple or non-complicated procedures to bring both new and ongoing matters for settlement during the duration of the programme.

“We are encouraged by the fact that many of our members are themselves certified mediators and will be participating as mediators on the panel of the LMDC during the period. All amenable civil matters, criminal matters of simple offenses, pro bono matters as well as commercial matters can be presented before the panel. It is no longer fashionable to think that only lawyers with weak cases should go to mediation.

“It is important to note that this will not in any way affect the professional fees due to lawyers who wish to go through the LMDC to seek adequate and efficient dispensation of justice for their clients.”

The Lagos Settlement Week kicks off tomorrow at different locations in Lagos State. Litigants can file a case that is not yet in court at the LSW Programme.

To file a case, visit the LMDC Lagos Office at 27, King George Road, Opposite Ghana high restaurant, Lagos Island or LMDC Ikeja Office at the Ikeja High Court. For enquiries, call 09090427949, 07069929154.

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Some leading jurists from the Bar and Bench have confirmed attendance at the eagerly awaited Nigerian Bar Association Section on Legal Practice Annual Conference which is billed to hold in Abuja.

The Annual Conference will hold at NBA House from July 13 to July 19, 2023 with the theme, “Legal Practice Without Borders.”

According to a programme made available to CITY LAWYER, the confirmed speakers include former NBA President, Mr. Joseph Daudu SAN; his counterpart, Mr. Augustine Alegeh SAN; renowned chartered arbitrator, Mrs. Funke Adekoya SAN; former President of the Commonwealth Lawyers Association, Boma Alabi SAN; Vice-Chancellor of the University of Ilorin, Prof. Wahab Egbewole SAN, and Chief Ferdinand Orbih SAN among others.

The topics to be dissected at the Annual Conference include Transformation of legal practice in Nigeria, the Showcase Session with Alegeh as Chairman as well as Organ donation and transplantation under Nigerian law, which has former NBA-SLP Chairman, Mr. Oluseun Abimbola as Chairman.

Other topics are Legal practice, domestic violence and child abuse matters: a jurisdictional comparison; Law practice in the digital age: Balancing professional responsibility and technological innovation; Exploring the frontiers of dispute resolution in the Nigerian capital market: Investments & Securities Tribunal in focus; Tyranny and dictatorship of election petition: Where is justice? Bullet points on the innovations of the new Arbitration and Mediation Act 2023: Things To Note; Cross border crime prosecution/defence & the concept of International Anti-Corruption Court; CHATGPT and its potential impacts on law practice; Business Facilitation Act; The new Electricity Act, what a lawyer should know, as well as Discrimination against persons with Disabilities Act.

The Chairman of the Conference Planning Committee (CPC), Mr. Paul Harris Ogbole SAN, urged prospective delegates to register for the Annual Conference, adding that “We are thrilled to be able to bring together legal professionals from across the country to discuss the challenges, opportunities, and trends in the legal landscape.”

To register for the Annual Conference, click here.

The African Arbitration Association (AfAA) will on October 12 to 14, 2023 hold its 4th AfAA Annual Conference in Cape Town, South Africa.

The AfAA Annual Conference is increasingly gaining traction as a must-attend event in Africa’s arbitration calendar. The theme of this year’s Annual Conference is “International Arbitration in Africa: Transitions and New Perspectives” while the venue is the vintage Southern Sun Cape Sun Hotel, Cape Town, South Africa.

The multi-lingual Annual Conference will be heralded by the Annual General Meeting on October 12, 2023. This will be followed immediately by the Opening Ceremony and Cocktail Reception.

Among the technical sessions are An introspective into African arbitration: where do we stand today and what may be the transitions and new perspectives of tomorrow? New forms of dispute resolution in Africa: where do we go from here? Our evolution into new categories of disputes arising from future industries: are African practitioners ready? Creating African arbitral institutions of the future: best practices; The implementation of AfCFTA and ISDS; Effective Enforcement of Arbitral Awards in Africa: Achievements and Challenges; Diversity and inclusion: from the ground-up, and The users’ perspectives: what do corporations, States and their counsel expect?

Curtains will be drawn on the Annual Conference with Awards Ceremony and a closing Dinner to be held on Saturday, October 14, 2023.

Aside from the Africa Finance Corporation (AFC) which is the Diamond Sponsor, other Supporting Associations are the International Centre for Arbitration and Mediation Abuja (ICAMA), The Cairo Regional Centre for International Commercial Arbitration (CRCICA), the Chartered Institute of Arbitrators (Nigeria Branch), Nairobi Centre for International Arbitration, Kigali international Arbitration Centre (KIAC) and the Lagos Court of Arbitration among others.

The deadline for early bird registration is 14th July, 2023. To take advantage of the Early Bird rates as well as discounted accommodation rates, click on the link to register https://afaa.ngo/page-18570.

For travel assistance, contact SPRINTS Travels Limited via telephone (Bridget Anthony on 08143109158) or email at sprintstravels@yahoo.com or visit the website at www.sprintstravels.com.

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