J. COYDEN PALMER is a two-time NNPA award-winning journalist and host of the SportsZone Chicago podcast, “What’s Up Cuz?!” with Lance C. Irvin. Born and raised in the Chatham community on the South Side of Chicago, Palmer has over 20 years experience as a community-based reporter, investigative journalist, editor, podcast host and is a “proud member of the National Association of Black Journalists ….” He has appeared in Citizen, Crusader and The Final Call newspapers, in addition to Referee and The Crisis magazines. 

In this article originally published on his blog, he claims that the Chicago State University (CSU) certificate submitted to the Independent National Electoral Commission (INEC) by Nigerian President Bola Tinubu is not authentic, saying: “The diploma itself is a fake.”

Giving more reasons to buttress his statement, Palmer said: “On the alleged diploma, the date of graduation is listed as June 27, 1979. The signature of the CSU president shows Elnora D. Daniel. I almost spit out my coffee I laughed so hard when I saw this. Dr. Daniel didn’t become the president of Chicago State until 1998. How do I know? Because I covered her inauguration and her first two years at Chicago State when I was a student reporter for the now defunct school newspaper TEMPO.”

Below is the full text of the article.

Nigerian President’s CSU Diploma is a Fake

Let me make this easy for you. The diploma itself is a fake. On the alleged diploma, the date of graduation is listed as June 27, 1979. The signature of the CSU president shows Elnora D. Daniel. I almost spit out my coffee I laughed so hard when I saw this. Dr. Daniel didn’t become the president of Chicago State until 1998. How do I know? Because I covered her inauguration and her first two years at Chicago State when I was a student reporter for the now defunct school newspaper TEMPO. Additionally, on the fake diploma, Dr. Niva Lubin is listed as the President of the Board of Trustees. Dr. Lubin did not even start serving on the board until 1996. I’ve known Dr. Lubin since my days as student at CSU and she is a lifelong resident of Chatham where I grew up.

Furthermore, in 1979, Dr. Daniel was working as a teaching assistant at Columbia University, according to her biography and the resume she submitted when she applied to become the president of Chicago State in 1998. Now 81, retired and living on the east coast, I’d love to know her reaction to the news that the President of Nigeria who is 71 himself claims she signed his diploma. The president of CSU in1979 was actually Dr. Benjamin H. Alexander, who died in 1997 and was the first African American to serve in that role at CSU.

In 1979, Dr. Lubin, now married and going by the name Lubin-Johnson, well she wasn’t even a doctor in 1979. She didn’t become a physician until 1984. So how two signatures of people who were not working at CSU came to be on a document that the president of Nigeria is trying to sell as legit isn’t really a mystery. It is a lie. It is deceit. It is part of what is ruining many African nations and the world as a whole; corruption.

Other inaccuracies on the fake diploma that can easily be spotted by anyone who ever attended CSU, the University logo is all wrong for that time period. Again, I know this because the logo on the fake diploma is the one that was controversial when it was changed in 1999. Myself and my fellow student journalists at TEMPO wrote a story about the change in the school symbol because those against it said it was a waste of money. They claimed changing all the school letterhead and signage to the new symbol would remove financial resources from other needs. President Daniel thought the change would be better marketing for the University so the change was approved by the Board. The University symbol in 1979 was a triangle with two bars. The bars represent the growth of the institution, starting as Chicago Teachers College, then Chicago State College (1967) and eventually Chicago State University (1971). I know this because I had to read that stupid handbook like all freshmen and you learn about the history of the school.

CSU attorney Michael Hayes said the University is prepared to do whatever the court asks of it. He said this international controversy has brought unwanted and unfair publicity to the school. I would debate that claim as CSU does enough stupid stuff that brings bad publicity to itself. However, I must admit, for now at least, it seems that CSU is a victim here of a Nigerian scammer. It wouldn’t be the first time an American institution fell victim to scammers in Africa.

The end is possibly near for President Tinubu, at least in terms of his presidency, if justice actually prevails in Nigeria. When Judge Maldonado makes her ruling next week, in which it is expected that CSU will turnover documents that shows his true student records, the courts in Nigeria will have a decision to make. They either remove their leader for violating laws in Nigeria or look the other way. I hope they understand the whole world will be watching too. Especially at CSU. Nigerians and everyone else deserve the truth. If Tinubu is willing to fake a diploma, what else is he willing to do?

• Dr. Benjamin H. Alexander was an activist and educator who served as the President of Chicago State University from 1975-1982. 

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Renowned legal scholar and former Dean of Faculty of Law at the University of Lagos (UNILAG), Prof. Akin Ibidapo-Obe is set to bow out of the  university after decades of meritorious and unblemished service.

Speaking at a special Valedictory Senate Session in his honour, Prof. Ibidapo-Obe however noted that “I am retired but not tired.” The special session was held on Tuesday, September 26, 2023 to celebrate the cerebral jurist and human rights advocate ahead of his retirement from active university service.

Standing tall and agile among other academics in the hallowed Senate Chamber, the renowned Professor of Public Law, Criminology and Criminal Justice expressed gratitude to the University Senate and UNILAG community for the privilege of growth and career fulfillment.

Earlier in her remarks, the Deputy Vice-Chancellor (Development Services), Professor Ayo Atsenuwa, who presided over the Senate Meeting as Acting Vice-Chancellor, congratulated Prof. Ibidapo-Obe for his illustrious service to the university and contributions to the body of knowledge. She prayed God to grant him good health and longevity to enjoy the fruits of his labour.

Born on Monday, October 5, 1953, Professor Akinola Ibidapo-Obe obtained his Bachelor of Laws degree from the University of Lagos in 1977. He proceeded to the University of Ife (now Obafemi Awolowo University, OAU) in 1980 where he obtained a Master of Laws degree (with Distinction). He was admitted to the Nigerian Bar in July 1978. His areas of interest and research include African Law, Law and Religion, Human Rights, Criminology and Constitutional Law.

A Fellow of the Chartered Institute of Arbitrators (United Kingdom), Prof. Ibidapo-Obe joined the services of the University of Lagos in 1989. He reached the apogee of research and academic excellence when he attained the coveted rank of Professor in 2011.

According to a news release by the university, “During the course of his outstanding career at the university, Professor Ibidapo-Obe held several positions including Head, Department of Public Law and Dean, Faculty of Law, among others.”

Prof. Ibidapo-Obe is also a member of the CITY LAWYER Board of Governors.

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President Bola Tinubu has prayed a United States federal judge not to direct release of his academic records to former Vice President Atiku Abubakar, saying “There is harm in allowing discovery on issues and documents outside the diploma.”

His lawyers also told the court that Tinubu’s records “were illegally obtained previously and have been utilized to attack him.”

In court filing obtained by CITY LAWYER, Tinubu however pleaded with Judge Nancy Maldonado to block all details about him except the diploma certificate. The objection was titled “INTERVENOR’S OBJECTIONS TO THE MAGISTRATE JUDGE’S RULING ON THE APPLICICATION FOR DISCOVERY UNDER 28 U.S.C. § 1782.”

Tinubu’s lawyers argued that “Intervenor, Bola A. Tinubu, requests that the ruling by the Magistrate Judge, ordering Chicago State University to comply with document and depositions subpoenas proposed by the Applicant be set aside for two principal reasons. First, the discovery sought is not “for use” in the Nigerian election proceedings and the Nigerian courts have explicitly been unreceptive to the discovery.”

They argued further that the discovery sought, “with one narrow” exception, is not “for use” in the Nigerian election proceedings “and is unduly intrusive because it allows Applicant to conduct a fishing expedition into Intervenor’s private, confidential, and protected educational records.”

Tinubu’s prayers on Monday morning came as part of the ongoing legal battle unfolding at the United States District Court for the Northern District of Illinois in Chicago.

Referring to Atiku’s claims in his election petition that “[Tinubu] has demonstrated inconsistency as to his actual date of birth, secondary schools he attended . . . ; his State of origin, gender; actual name; certificates evidencing Universities attended (Chicago State University),” Tinubu’s lawyers wrote: “The assertions in the reply mirror conspiracy theories offered by Nigerian political news blogs that were used to support the Application.”

They argued that “, if the Court views the effect of the Magistrate Judge’s as a non-dispositive and the clearly erroneous standard applies, Intervenor submits that the Magistrate clearly erred in ordering compliance with the proposed subpoenas.”

Saying Atiku is foreclosed from submitting any further evidence on the matter at the Supreme Court, Tinubu’s lawyers stated that “as the Nigerian Election Court wrote in its decision, the evidence sought is inadmissible. (See Dkt. 34, pg. 556.) Because the information was missing from and had to be in the original petition, Applicant has no ability to submit anything further.”

Hinting that Atiku is bent on a “fishing expedition” which intrudes into Tinubu’s privacy, the lawyers stated that “the relevant issue is whether the CSU diploma provided by Intervenor is authentic or a forgery. Applicant’s discovery, however, goes far beyond that issue and strays into conspiracy theories offered on the Internet. A single deposition topic will suffice to answer this question, and it is arguably unnecessary based on both the affidavit of CSU’s registrar and CSU’s court filing.”

Stating that the Magistrate earlier determined that Atiku’s interest “outweighs the privacy interest because Invervnor (sic) put the diploma at issue by submitting it to the INEC,” the lawyers argued that “There is harm in allowing discovery on issues and documents outside the diploma. Intervenor’s records were illegally obtained previously and have been utilized to attack him.”

They stated that ” The unlawful release of documents previously allowed Intervenor’s opponents to sow confusion and spread conspiracy theories. Applicant should not be permitted to conduct discovery on the discovery illegally obtained by Applicant’s allies and Intervenor’s political opponents.”  Tinubu’s lawyers include Victor Henderson, Christopher Carmichael and Oluwole Afolabi.

The case was brought by Abubakar in his bid to establish that Tinubu was not eligible to be Nigerian president despite his election in February 2023.

The identity of who was admitted into Chicago State University in the 1970s has been a hot issue after college transcripts emerged that indicated the school admitted a female Bola Tinubu from Southwest College Chicago in 1977.

Magistrate Gilbert has ruled last week that CSU administrators should confirm under oath whether or not the certificate Tinubu tendered in Nigeria was genuine. The officials were also directed to show a certificate issued to a CSU graduate in 1979, with the person’s identification redacted, and to also turn over communications relating to a letter the school issued to Tinubu in 2022.

A man who identified himself as Olajide Adeniji also submitted an affidavit saying he attended school with Tinubu from 1977 to 1979. 

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Senior lawyer and former Nigerian Bar Association (NBA) Prosecutor at the Legal Practitioners Disciplinary Committee (LPDC), Mr. Jibrin Okutepa SAN has raised concerns over the plight of embattled young lawyer, Miss Uduak Adams.

Uduak had in an exclusive interview with CITY LAWYER narrated how she was almost lynched by an irate Lagos mob over a phantom allegation of kidnapping.

CITY LAWYER gathered that Uduak has been in and out of hospital since the near-death incident, even as she is billed for an appointment with a neurosurgeon to assess the damage to her head. 

Okutepa asked whether her principal did enough to ameliorate her accommodation challenges, even as he wondered whether NBA is sufficiently catering for its members.

He also berated “NBA politicians” for turning the incident into a political platform of “notice me,” adding that this smacks of “hypocrisy.”

His words: “Those nurturing political ambitions are at the forefront of sending goodwill messages. It seems to me that NBA politicians have turned the misfortunes of Uduak Etim Adams into a political platform of “notice me”. Everyone is sending messages of concern.

“For me this is hypocrisy. What Ms Uduak Etim Adams needs is not political goodwill messages or political suggestions. She needs money to put herself together and face the challenges of life. Churning out messages of sympathy is as hypocritical as is unhelpful. NBA must not be turned to conventional secular politics where deceits of monumental propaganda and proportions are practiced to get votes.”

Below is the full text of his statement.

Since I listened to the voice message and read the report of a young lawyer Uduak Etim Adams Esq on how she narrowly escaped death in Lagos because she was searching for accommodation and was falsely accused of being a kidnapper, and was almost mobbed to death, I concluded that only God is our protector and defender in Nigeria.

We profess to love ourselves but the majority of people have no love in their hearts. Just shout “thief” in Nigeria, nobody will care to listen to the victim. You can just be killed unjustly. There is mob injustice in Nigeria, but my main focus is not the mob action. God has saved the poor girl, God has protected her.

My main focus is twofold. Where was Ms Uduak Etim Adams working?
How come the principal of Ms. Uduak Etim Adams could not do more for her than merely give her transport? Did Ms. Uduak Etim Adams discuss her accommodation plight with her principal? Did she open up to senior lawyers to assist her? As senior lawyers, we must at all times stand in locus parentis for the younger members of the Bar.

I am just curious to know why the principal could not be of help to her, to necessitate her moving around in the manner that led to the unfortunate incident. What branch of the NBA did she belong to? What did the branch do? Did she let any senior know of her challenges? We must be ourselves, keepers. How are we as NBA taking her plight and the plights of others? It could happen to anyone of the lawyers. What are our plans for ourselves as a Professional Association? NBA must look inward and help Nigerian lawyers.

The second point I want to make is the politicization of the unfortunate incident that happened to Uduak Etim Adams Esq. Those nurturing political ambitions are at the forefront of sending goodwill messages. It seems to me that NBA politicians have turned the misfortunes of Uduak Etim Adams into a political platform of “notice me”. Everyone is sending messages of concern.

For me this is hypocrisy. What Ms Uduak Etim Adams needs is not political goodwill messages or political suggestions. She needs money to put herself together and face the challenges of life. Churning out messages of sympathy is as hypocritical as is unhelpful. NBA must not be turned to conventional secular politics where deceits of monumental propaganda and proportions are practiced to get votes.

Those who turned to emergency sympathizers just because of votes are with respect not representing the nobility and good image of gentlemen of the Bar. Let Ms. Uduak Etim Adams and others in her shoes be helped now.

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The Court of Appeal sitting in Lagos has dismissed an appeal brought by Globacom Limited to upturn a N2, 033,561,222.53 billion arbitral award made against it by Justice Mohammed Liman of the Federal High Court.

In dismissing Globacom’s appeal, the panel of jurists led by Justice J. S. Ikyegh were unanimous that the appeal lacked merit and ought to be dismissed. Others jurists on the panel were Justice I. B. Gafai and Justice Ebiowei Tobi.

In his lead judgment, Justice Gafai affirmed the ruling of Justice Liman and equally resolved all the issues in favor of the respondents.

In his ruling delivered on November 29, 2019 in a suit marked FHC/L/CS/857/19, Justice Liman dismissed the Globacom’s motion seeking to set aside the lower court’s earlier garnishee proceedings.

Dissatisfied with the ruling, Globacom in its Notice of Appeal marked CA/LAG/CV/1385/2019, filed on December 9, 2019, but deemed properly filed on June 30, 2021, prayed the court to allow the appeal and set aside the ruling of the lower court.

Listed as respondents in the appeal were MTN Communications Limited; Sterling Bank Plc; First Bank Plc; Zenith Bank Plc; First City Monument Bank Plc; Wema Bank Plc; Polaris Bank Plc; Diamond Bank Plc; Heritage Bank Plc; Guaranty Trust Bank Plc; Stanbic-Ibtc Nigeria Plc; Standard Chartered Bank Plc and Keystone Bank Plc.

The Appellant argued that the trial Judge erred in law when he held that multiple garnishee proceedings can be pursued concurrently by MTN Communications Limited (1st Respondent) against the Appellant in respect of the arbitral Award obtained against the Appellant.

Globacom further argued that the trial judge erred in law and violated its right to a fair hearing when he dismissed its motion dated July 29, 2019, but filed July 30, 2019, without considering all the legal issues raised by it in the motion.

It argued that the application to enforce the arbitral award was filed on 22nd May 2019 while the Order for the enforcement of the award was made on July 19, 2019, arguing that the court below had no jurisdiction to entertain the application at the time it granted leave to the 1st Respondent to enforce the award.

Globacom also argued that by Section 8(I)(d) of the Limitation Law of Lagos State, MTN (first respondent) had six years to apply to the court for the enforcement of the award, submitting that more than 10 years had passed after the award was published before the application for its enforcement was made and granted.

TOP COURT NEWS reports that Globacom had argued that the order made on July 19, 2019, for the enforcement of the award was therefore made without jurisdiction, and as such, was null and void.

However, in his lead judgment delivered on June 23, 2023, Justice Gafai affirmed the ruling of the lower Court and awarded a cost of N2 million against the Appellant.

The court held that “The hallmark of any garnishee proceeding is twofold: the expeditious attachment of funds belonging to a Judgment debtor in the custody of a third party and the satisfaction of the Judgment sum wherefrom in favor of the Judgment Creditor. It is recognised that the Judgment debtor will become recalcitrant and evasive in satisfying the Judgment sum: which is the reason behind the relevant provisions.

“Sections 83 to 92 of the Sheriffs and Civil Process Act as well as those in the Judgment (Enforcement) Rules, the Federal High Court (Civil Procedure) Rules, and the various State High Court Rules to compel a recalcitrant Judgment debtor through a civil process, to comply with a Judgment Order.

“It is indeed even more deserving against a Judgment debtor who saw no reason to appeal against the Judgment and simply ignored the Judgment as if it never was. An adage has it: a drastic situation calls for a drastic solution; which is the reason for the enactment of special statutory provisions and Rules exclusively for the enforcement of judgments by garnishee proceedings.

“It is important to contextualize the Appellant’s arguments on the alleged abusive nature of the 1st Respondent’s latter garnishee proceedings which the Appellant prefers to call “the Lagos Suit” in the light of the peculiar nature of garnishee proceedings.

“As explained earlier, there is no provision in the Sheriff and Civil Process Act or the two applicable Rules referred earlier herein which outlaws a second or another garnishee proceeding if the earlier one failed to satisfy the Judgment sum.

“The recurring argument by the Appellant’s learned counsel that the latter garnishee proceedings were commenced during the pendency of the earlier one is, with due respect, simply oblivious or in total disregard of the legal reality that the proceedings for the Order Nisi before the earlier Court had practically come to an end by the Court’s grant of the Order Nisi and so what was adjourned sine die by that Court was the second stage of the proceedings for an Order Absolute.

“Sadly for the first respondent, the Order Nisi made in its favor by the earlier Court turned out to be very unsatisfactory to the first respondent because out of the total sum of N856, 829, 599.69k (Eight Hundred and Fifty-Six Million, Eight Hundred and Twenty-Nine Thousand, Five Hundred and Ninety-Nine Naira, Sixty Nine kobo) representing the debt recoverable under the Arbitral Award, only the sum of N39,923,557.05k (Thirty-Nine Million, Nine Hundred and Twenty-Three Thousand Five Hundred and Fifty-Seven Naira, Five kobo) was disclosed by the garnishee banks in Abuja: leaving a whopping balance of N816,906,002.64k (Eight Hundred and Sixteen Million, Nine Hundred and Six Thousand, Two Naira and Sixty Four kobo) which was a far cry from satisfying the Award sum.

“It is noteworthy here that at the time the first respondent commenced the second garnishee proceedings, the Appellant had not as yet, as the Record shows, filed an Appeal against the Order Nisi by the Abuja Court. I agree with the learned counsel for the Respondent that the earlier Suit was already conclusive on the funds attached from the Judgment Debtor’s bank accounts.

“It is also striking that the Reliefs sought in both Suits are in reality different contrary to the argument of the Appellant. The latter garnishee proceedings were for the unattached balance of the Award sum and post Judgment interest totaling N2,033,561,222.53k (Two billion, Thirty Three Million, Five Hundred and Sixty One Thousand, Two Hundred and Twenty Two Naira, Forty Three kobo).

“I do not, with respect, agree also with the learned counsel for the Appellant’s argument that there is the risk of the Appellant’s funds garnished more than the Judgment debt. Any such fears, real or imagined, are easily allayed by the protective provisions of Order 8 Rules 5 (1) (b) of the Judgment (Enforcement) Rules. In any case, there is nothing in the Record to warrant such fear.

“If the Appellant is alarmed or outraged by the post Judgment interest claimed by the 1st Respondent, it may appear that it has forgotten the unappealed Panel Orders listed as numbers 5 and 6 in the Award that the Claimant shall not receive any sum as general damages in this matter. And that Award must be paid within 30 days from the date of the ruling. Upon failure, interest will be calculated on all due payments at NIBOR rates as Specified in the Interconnect agreement under Section 6.7 and 6.9.”

“All the issues having thus been resolved against the Appellant, this Appeal ends as one without merit and is accordingly dismissed. The Ruling of the lower Court is affirmed. I award a cost of two million naira against the Appellant.”

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The spokesman for the Supreme Court, Dr. Festus Akande has said that the fire incident that occurred today at the apex court would not affect the presidential election petition appeals filed by former Vice President Atiku Abubakar of Peoples Democratic Party (PDP) and and Mr. Peter Obi of Labour Party.

CITY LAWYER had reported that a fire outbreak occurred early today at the Supreme Court of Nigeria located at the Three Arms Zone in Abuja, destroying some parts of the court complex.

The mysterious fire forced some workers to raise alarm while others fled the scene.

While many Nigerians speculated on the effect of the fire outbreak on the appeals brought by Atiku and Obi, Akande told Arise TV today that the fire outbreak has no connection with the petition in court.

He noted that the fire outbreak affected a chamber with a computer, equipment and functional library due to an electrical fault, adding: “As a matter of fact, there’s no single connection, and it won’t affect anything in the court.

“This incident occurred in a chamber equipped with a computer and other equipment, as well as a functional library used by any justice occupying such chamber.

“The only thing that was affected were the books and computer equipment in the chamber. Even the books are replaceable.

“Also, it has nothing to do with it because it was from an electrical fault, which could happen anywhere, and there are things that happen daily.”

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The are trending reports that a section of Nigeria’s Supreme Court is on fire. The section is said to house offices of three justices of the court.

Although information still remains sketchy, no reason has yet been given as to the cause of the fire. The offices affected were allegedly completely razed.

This is a developing story.

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The Late Justice Centus Chima Nweze of Nigeria’s Supreme Court will be buried on October 20, 2023, CITY LAWYER can authoritatively report.

According to burial arrangements obtained by CITY LAWYER, the cerebral jurist will begin his homeward journey on October 10, 2023 when the apex court would hold a Valedictory Session in his honour at the Supreme Court Complex at 10 am.

A requiem mass will hold the same day at the Holy Trinity Catholic Parish, Maitama, Abuja. Time is 4 pm. Another requiem mass will hold on Friday, October 13, 2023 at 5 pm at Christ the King Parish, GRA, Enugu.

Meanwhile, a “Night of Tribute” will hold for the departed jurist at Amadeo Event Centre, Enugu on 17th October, 2023. Time is 5 pm.

Aside from a Vigil Mass on October 17, 2023 at his country home in Umuezejor, Obollo Afor, Enugu State, the burial rites will climax with a Burial Mass at St. Pius Catholic Church, Umuezejor, Obollo Afor, Enugu State on October 20, 2023. His remains will be interred after the burial service.

CITY LAWYER gathered that Justice Nweze died in controversial circumstances on July 30, 2023 after a prolonged illness. While the immediate cause of his death was attributed to a collapsed organ, it was alleged that the state of his health was one of the triggers for the unprecedented protest letter by Supreme Court jurists to the former Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad who resigned afterwards.

Born in 1958, Justice Nweze died on July 30, 2023. A statement by the Supreme Court after his demise read: “It is with heart full of grief that we announce the sudden death of our amiable brother and colleague, Hon. Justice Chima Centus Nweze, JSC, on Saturday, July 29, 2023, after a brief illness.

“Justice Nweze was born in Obollo, Udenu Local Government Area of Enugu State, on September 25, 1958.

”He had his LLB (Hons), LLM and PhD in Law at the prestigious University of Nigeria, Enugu Campus in 1983, 1995 and 2001, respectively.

“He was also a recipient of LL.D. Degree; and was an Associate Professor of Law at Ebonyi State University and a Visiting Professor of Law, Enugu State University of Science and Technology.

“His Lordship was a Judge of the High Court of Justice, Enugu State, from 1995 to 2007; Justice of the Court of Appeal from 2008 to 2014; and was elevated to the Supreme Court Bench on 29 October, 2014, where he served until his death.

“Hon. Justice Chima Nweze gave a sterling account of himself in the discharge of his official duties at the Supreme Court.

“He had largely made himself a pliable legal personality that had diligently sunk a pool of enduring legal knowledge and experience in all his judicial pronouncements.

“He had been a formidable ally of his brother Justices, an admirable pillar of support to the staff and management of the Supreme Court; and indeed, a dependable father-figure to all.

“It will be an understatement to say we are all going to miss him dearly. Funeral arrangements would be announced by the family in due course.”

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The Chairman of the Nigerian Bar Association (NBA), Funtua Branch, Mr. Alexander Ugbede Ajodo is dead.

Mr. Isah Haruna, the Head of Chambers of his law firm, told CITY LAWYER that “He died last night. Yes, we lost him.”

Announcing Ajobo’s passing in a trending post, Haruna wrote: “On a very sad note but with a total submission to the will of Almighty Allah, I hereby announce the demise of my Principal -in- Chambers and the current Chairman (until his death) of the NBA FUNTUA BRANCH, Barr. ALEXANDER UGBEDE AJODO (a.k.a A. U. AJODO ESQ). He died last night around 12 am at the Intensive Care Unit of UMC ZAHIR HOSPITAL KABUGA, KANO.

You can reach out to his junior in chambers (Isah Haruna Esq, via 08133606649) for any correspondence.

Signed:
Isah Haruna Esq. Head of Chambers, A.U. AJODO & CO.

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How Nigeria’s Courts Became “The Lost Hope Of The Common Man”

By Chidi Anselm Odinkalu

When Ogbonnaya Ukeje died in Lagos two days after Christmas Day in 1981, Bode Rhodes-Vivour was a 30 year-old lawyer making his way up the rungs of public service in the Ministry of Justice in Lagos State. Mr. Rhodes-Vivour had been called to the Nigerian Bar a mere six years earlier, in 1975.

In 1989, when Mr. Rhode-Vivour succeeded Nureini Abiodun Kessington as the Director of Public Prosecutions in Lagos State, the case concerning the estate of Ogbonnaya Ukeje was already in its sixth year in the High Court of Lagos. Mr. Ukeje’s daughter, Glady’s, had filed the case in 1983 to challenge her exclusion from a share in her father’s estate merely on the ground that she was female.

In January 1992, Justice Moni Fafiade, who became a judge of the Lagos High Court in 1983, the same year the case originated, delivered judgment in Gladys Ukeje’s case. The case lasted nine years in the High Court alone. Bode Rhodes-Vivour was still a Director in the Lagos State Ministry of Justice.

Two years later, in 1994, when Bode Rhodes-Vivour was appointed a judge of the High Court of Lagos, the appeal by Gladys Ukeje’s family against the decision of the High Court of Lagos in her favour had been pending in the Court of Appeal for two years.

In 2005, five years after the first brief of argument was filed in the Supreme Court Appeal in Gladys Ukeje’s case, Justice Bode Rhodes-Vivour was elevated from the High Court of Lagos to the Court of Appeal. By the following year, in 2006, all the parties had filed their briefs of argument.

Four years later, when Justice Bode Rhodes-Vivour arrived the Supreme Court, after a five year sojourn on the bench of the Court of Appeal, the Supreme Court appeal in Gladys Ukeje’s case had been pending for over a decade.

On 11 April 2014, 31 years after the case was filed in the High Court of Lagos, 20 years after he was first appointed a judge, and four years after his elevation to the court, Justice Bode Rhodes-Vivour delivered the judgment of the Supreme Court upholding the right of Gladys Ukeje to a share in her father’s estate.

By this time in 2014, Ahmed Lawan was already something of a phenomenon in Nigerian politics. In 1999, Lawan arrived the National Assembly as the member representing the proud people of Bade/Jakusko constituency of Yobe State in the House of Representatives. He was a member of the All Nigerian Peoples’ Party (ANPP). In 2007, after two terms in the House, Lawan was elected to the Senate by the people of Yobe North Senatorial Zone. In 2019, 20 years after his arrival at the National Assembly and having logged the record for the most durable parliamentary career in Nigeria’s history, Ahmed Lawan became the 14th president of Nigeria’s Senate.

In this capacity, Ahmed Lawan was officially, the third most powerful man in the country. If he desired to extend the duration of his improbable political longevity, Lawan had few realistic options. As the 2023 election season approached, he made his bid for a ticket to the presidency on the platform of the ruling All Progressives Congress (APC), of which he was a founding member. When the final tally was announced on 8 June 2022, Lawan lost out in the contest, coming a distant fourth.

11 days earlier, on 28 May, the APC had organized the primaries for the Senate. In Yobe North, the seat that Lawan occupied in the Senate, the winner of the primaries was Bashir Machina, a rich businessman and politician, who had also served in the cabinet at the state level. However, as soon as the presidential primaries concluded, a concerted effort began to deny Machina the ticket in favour of Lawan.

To forestall this, Machina sued on 22 June 2022 in the Federal High Court in Damaturu, the capital of Yobe State, asking the court to affirm the outcome of the senatorial primaries that he won. Three months later, on 28 September, the High Court rendered judgment. By the beginning of December, the Court of Appeal had also issued judgment, and on World Anti-Corruption Day, 9 December, 2022, the case arrived the Supreme Court. In less than two months, on 6 February 2022, the Supreme Court issued judgment, implausibly declaring Lawan the winner of senatorial primaries that he did not participate in.

This kind of status-indexed shunt granted to political higher-ups like Ahmed Lawan by Nigerian courts is mostly manufactured or enabled by the judiciary. It is now crippling Nigeria’s courts and the irony is that the only people in the position to end it are the ones complaining.

When he inaugurated a cohort of 72 new Senior Advocates of Nigeria (SANs) on 8 December 2021, then Chief Justice of Nigeria (CJN), Tanko Muhammad, reported that 33 or nearly five per cent of the 681 cases considered by the Nigerian Supreme Court during the year were “political cases”. This was a rather a curious category to maintain or report on. Judicial doctrine ordinarily views political cases with reluctance. Nigerian law knows nothing of the sort. It knows of election petitions as are contests over the outcomes of elections, mostly governed by the Electoral Act, which prescribes strict time limits for their disposal. Most likely, this is a category of cases instituted by Nigeria’s politicians seeking to judicialize intra-party squabbles over the spoils of political plunder. Increasingly, it seems, these have become the mainstay of judicial enterprise in the country.

Last week, as he swore-in nine newly appointed Justices of the Court of Appeal, current CJN, Olukayode Ariwoola, reinforced the complaint from the judges that “political cases are taking a monumental toll on our dockets.”

Gladys Ukeje and Ahmed Lawan are both Nigerians. One is female, the other is male. The former is from the south, while the latter is from the north. They both journeyed memorably through Nigeria’s courts, ending up in the Supreme Court with remarkably different experiences. For Gladys, the journey began in Lagos; for Lawan, it began in Damaturu, Yobe State. For Gladys, the journey from the High Court to the Supreme Court took over three decades. For Ahmed Lawan, it was less than eight months.

By assigning priority to “political cases” in a manner that grants swift access to courts for politicians like Ahmed Lawan but no exit from courts to ordinary citizens like Gladys Ukeje, Nigeria’s judiciary sustains a two-track judicial system by which it puts the interests of politicians above those of the citizens whom they are meant to serve. It also encourages the twin evils of undue judicialisation of politics and the politicization of the judiciary. It is little wonder that some have resorted to describing Nigeria’s courts as the “lost hope of the common man”.

By consecrating an Ahmed Lawan into an indispensable citizen while at the same time making a Gladys Ukeje into the expendable citizen, Nigeria’s judges have turned citizens into manure to feed the whims of politicians as a matter of law.

This juxtaposition is everything that is wrong not merely with Nigeria’s courts but with the country and its governance. The country has been judicially rendered in hock to big men. When courts become captured for the purpose exclusively of enabling the whims of big men, they lose the authority of judicial office.

The solution to this is in plain sight. If Nigeria’s judges were to insist on politicians taking their place on the queue of judicial dysfunction, like every other citizen, they will be forced to either find a way to fix the judiciary or else fix their internal party dysfunctions and spare the judiciary from being captured by and for “political cases”.

• A lawyer and a teacher, Odinkalu can be reached at chidi.odinkalu@tufts.edu

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A Lagos lawyer, Ms. Uduak Adams has narrated how she was almost lynched by an irate Lagos mob over a false allegation of kidnapping. An initial attempt by the police to rescue her was resisted by the mob, leading to a reinforcement.

Uduak, who was called to the Nigerian Bar last year, told CITY LAWYER that she went in search of an apartment to rent when a woman raised an alarm that she had kidnapped her child.

She said that immediately the woman levied the allegation, the mob pounced on her and beat her mercilessly, leading to multiple injuries to her head and body. According to Uduak, the irate mob was aided by operatives of the O’odua Peoples Congress (OPC), a vigilante service that operates in the city. The child was later brought to the scene by his minder, making the mob to retreat.

Meanwhile, the prime suspect, who is the mother of the allegedly kidnapped child, and an ‘eye-witness’ had been charged to court by the police and remanded at Kirikiri Correctional Centre by the Magistrate’s Court, and the matter adjourned to October 30, 2023 for trial.

Her words: “I feel extremely traumatized; it’s scary. I feel unsafe in Lagos and in Nigeria. The psychological trauma is too much, including the physical damage. The fact that videos of what I didn’t do is circulating on social media, it’s shameful; the accusations, having to be bashed for nothing, my dignity as a lady, as a professional and as human and an innocent citizen of Nigeria has been soiled and torn apart.”

An apparently frightened Uduak said that some sympathizers of the accused persons have been pleading with her to drop the charges, even as others were also threatening her.

The young lawyer told CITY LAWYER that the Nigerian Bar Assoacition has waded into the matter, adding: “Generally, I want justice. Let all the people involved be brought to book. I need serious monetary compensation, public apology circulating in national daily, a counter video, compensation for physical, emotional and psychological trauma and for loss of earnings. I have been unable to go to work ever since. I just returned from hospital.”

She confirmed that the voice note obtained by CITY LAWYER on the attack was hers. CITY LAWYER observed that the matter was trending on X (formerly Twitter) with the hashtag, #JusticeforUduak.

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A senior lawyer and former Nigerian civil servant could receive a portion of an enormous sum of damages if a British court rules against Nigeria in a landmark case centred on a multi-billion dollar gas deal.

As part of an arrangement that Nigeria’s government calls “extraordinary” and “corrupt”, Grace Taiga, former Director of Legal Services at the Ministry of Petroleum Resources, allegedly hopes to share in the record-breaking $11.4bn awarded to the offshore company Process & Industrial Developments (P&ID) before England’s High Court.

CITY LAWYER recalls that an Economic and Financial Crimes Commission (EFCC) witness, Aminu Lawal had told a Federal Capital Territory High Court that “We discovered that on January 30, 2012, the sum of $5,000 (Five Thousand United States Dollars) was also paid into her daughter’s account at HSBC Bank, London, located at Canada Street. The purpose of the payment on the transaction is commission payment. We obtained her statement based on that.” Taiga pleaded ‘Not Guilty’ to the charges.

Court filings and testimonies seen by Al Jazeera allege that Taiga is one of three Nigerians who stand to make money if the court orders Nigeria to pay the award – an outcome that could severely damage the country’s economy. The other two are the businessmen Adetunji Adebayo and Mohammed Kuchazi.

In January 2017, a London-based arbitration panel ruled that Nigeria pay $6.6bn to P&ID as compensation for breaching the contract awarded in 2010. That amount has since ballooned to $11.4bn with interest. But Nigeria has refused to pay, claiming P&ID bribed officials including Taiga to secure the gas contract.

In an eight-week trial that ended in March this year, the government petitioned the High Court to invalidate the arbitration award. The court’s decision is expected within weeks. Analysts say if Nigeria is ordered to pay the damages, its economy could be severely damaged.

“The negative shock would be monumental,” Olusegun Vincent, associate professor of finance at Pan-Atlantic University in Lagos State, told Al Jazeera. “It may take us back to the pre-1999 military era, when Nigeria wasn’t creditworthy,” he said, pointing to the risk that the government would be unable to pay its debt.

‘The P&ID scam’
This scandal began in the late 2000s when the administration of then-President Umaru Musa Yar’Adua planned to address Nigeria’s energy supply crisis by exploiting vast untapped gas reserves in its mineral-rich Niger Delta region.

Seizing the opportunity, P&ID pitched an ambitious project to the petroleum ministry, to build and operate a gas-processing plant near the southern city of Calabar despite having never undertaken a project like that before.

According to Al Jazeera, “Taiga was at the centre of negotiations: She worked on the contract wording, recommended to the late Rilwanu Lukman, the petroleum minister then, that he sign a memorandum of understanding with P&ID in 2009, and witnessed his signing of the gas contract the following year.

“Under the terms of the agreement, the government would provide wet gas to P&ID for free over 20 years. The two parties would then split the processed resource, with the government using its share to help power the country’s energy grid.

“But the project never got off the ground. P&ID never built the plant and Nigeria never provided the company with any gas. P&ID blamed the government for the failure and convinced an arbitration panel it had been wronged.

“The panel awarded the company damages equivalent to the total hypothetical profit the company would have made over the lifespan of the contract – $ 6.6bn plus interest of $1.3m per day from the time the contract was breached.

“Evidence later emerged that Taiga had received close to $10,000 from individuals and companies linked to P&ID ahead of the contract signing. Before the High Court, Taiga acknowledged having received money but said that these payments were merely gifts from a family friend, P&ID co-founder Michael Quinn.

“P&ID said it had done everything in its power to make the project work. However, its inexperience and Taiga’s receipt of undisclosed funds eventually led the Nigerian government to believe that it had been the victim of an elaborate fraud.”

Addressing the United Nations General Assembly in 2019, then-President Muhammadu Buhari vowed to confront “the P&ID scam”, which he said was “attempting to cheat Nigeria of billions of dollars”.

Anticorruption campaigners seem to agree with him. “The story of how a small offshore company with no meaningful track record, no website, and only a handful of employees managed to win a multibillion-dollar gas contract raises red flags for corruption that call for careful scrutiny,” Helen Taylor, senior legal researcher at the British NGO Spotlight on Corruption, told Al Jazeera.

The High Court will adjudicate these points. If Nigeria loses the case, the country would be legally bound to pay P&ID what amounts to eight times its 2023 federal health budget.

‘Part of the family’
How the proceeds would be divided, meanwhile, has long remained confidential. Taiga, who had previously denied in affidavits that she would receive any money from the award, finally told the High Court under oath on February 16: “I do have expectations.” Asked by Nigeria’s lawyer how much she expected P&ID co-founder Brendan Cahill to share with her, she said: “I did not put my mind on a particular ceiling.”

In one document dated October 2017, Cahill recorded a “commitment” of $200,000 to Taiga; in another, dated May 2019, the figure was put at $500,000. Al Jazeera has seen both documents, which form part of the evidence before the High Court. Cahill, an Irish businessman who founded P&ID alongside the now-deceased Michael Quinn, said that these were not firm commitments. “I sought to reassure her that she would be looked after to some degree,” he told the court. “I didn’t specify how or when.”

In court, Taiga denied having secretly helped Quinn and Cahill when she handled the gas contract at the petroleum ministry. But she added that she now saw herself as “part of the family” that is P&ID.

“It’s remarkable that this Nigerian government official who helped broker the controversial gas deal with P&ID now belongs to the close-knit beneficiaries of this opaque offshore company,” said Taylor. “Far from clearing up this conflict of interest, the obscure arrangements for paying her a cut of P&ID’s profits are deeply compromising to her credibility as a former public official.”

A billion-dollar promise and ‘lots of uncertainty’
For his part, Adetunji Adebayo, executive chairman of Nigerian gas company GFD Energy and middleman for P&ID during settlement negotiations with the government, could be entitled to $1.4bn. In an affidavit dated May 2022, Cahill wrote that “Mr Adebayo was promised 10 percent of the income from the arbitration” but added that there was still “a lot of uncertainty around the amount, if any, that will be paid out.” Adebayo did not appear before the High Court.

Mohammed Kuchazi, who as P&ID’s commercial director assisted the firm in its relationship with the petroleum ministry, told the court that he believes himself to be entitled to 3 percent of the award – some $340m – as per an agreement he said he reached with Quinn. Cahill confirmed the existence of that deal in his affidavit.

In his own affidavit, Kuchazi wrote that he had been friends with Lukman, the minister, since the 1960s. Before entering business, Kuchazi had been a Nigerian politician.

Asked for further comment, Kuchazi’s lawyer Eric Ifere told Al Jazeera that his client’s entitlement to “a 3 percent commission” was supported by a written agreement with P&ID. He declined to share that document.

The Nigerian government has accused Adebayo and Kuchazi of having bribed Nigerian officials on P&ID’s behalf. The company and Kuchazi denied the accusations before the High Court.

Adebayo, Taiga, and P&ID did not respond to Al Jazeera’s requests for comment.

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Three chieftains of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) have dragged the Federal Government before the Federal High Court over imposition of a Proof of Ownership levy on all vehicle owners.

In the 34-page court processes obtained by CITY LAWYER, the plaintiffs urged the court for “A DECLARATION that by virtue of Section 86 (1) of the Personal Income Tax Act 2004 that sets up the Joint Tax Board (JTB), the power it purportedly exercised to impose yearly fee for annual renewal of Proof of Ownership (POC) Certificates on vehicle owners, is ultra vires, unlawful and unconstitutional.”

The plaintiffs are Mr. John Akpokpo-Martins, Chairman of NBA-SPIDEL; Ms. Funmi Adeogun, Secretary of NBA-SPIDEL, and Mr. Francis Ogunbowale, NBA-SPIDEL Governing Council member. The defendants are the Federal Government, Joint Tax Board, and Governor of Lagos State.

The plaintiffs also urged “A DECLARATION that the imposition of annual renewal of Proof of Ownership certificates on vehicle owners amounts to multiple taxation and therefore, illegal, in view of the fact that tax agencies and other agencies of Governments usually issue certificates of proof of ownership to vehicle owners at the point of registration of vehicles.”

Outlining four other declarations sought, the human rights activists are seeking “An order striking down the provisions of section 73(1), (2) & (3) of the National Road Traffic Regulation No. 101, Vol. 99 of 25th of December 2012, on the ground of being in violent breach of Item 63 of Part I of the 2nd Schedule to the 1999 Constitution and section 1(1) of the 1999 Constitution, as amended, and therefore unconstitutional.”

They are also seeking an “order of injunction restraining the Defendants, their agents, servants and privies from harassing, disturbing and or interfering with the rights of freedom of movement of Nigerians using their vehicles in any part of the federation of Nigeria on the ground of non-payment and renewal of proof of owenership certificates in respect of their vehicles.”

It was unclear at press time whether the matter has been assigned to any judge for hearing.

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The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has debunked the claim by NBA Benin Branch that it relied on a repealed law when it tackled Edo State Chief Judge, Justice Daniel Okungbowa on the setting up of the State Local Government Petition Tribunal.

The branch had carpeted NBA-SPIDEL on its position that it “has taken due notice of the confounding reports from Edo State of the somewhat neglect of the office of the Honourable Chief Judge of Edo State to mandatorily constitute the 5-man election tribunal(s) as compelled by the provisions of section 78 of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment Law.”

But in a rebuttal made available to CITY LAWYER, NBA-SPIDEL wrote: “We ask, if the 2013 amendment which allegedly provides for 3-man election petition tribunal(s) was the existing law in 2018, pursuant to which law therefore did the office of the Edo State Chief Judge constitute 5-man election tribunal(s) in 2018? In other words, why did the very learned office of the Honourable Chief Judge of Edo State constitute 5-man election petition tribunal(s) instead of 3-man tribunal(s) in 2018 in light of the 2013 amendment which provides for 3-man election petition tribunal(s) in Edo State?

“Curiously, why did NBA Benin branch not bring the existence of the 2013 amendment to the attention of the office of the Honourable Chief Judge of Edo State in 2018, to properly direct the mind of the Honourable Chief Judge from constituting illegal 5-man election petition tribunal(s) then?

“Indeed, could everyone in the highly educated Edo State have been so comprehensively misled as to the real state of the law in 2018?”

Restating its position, the association wrote: “NBA-SPIDEL therefore states without equivocation that it stands by its earlier statement and is certainly sure-footed on its reliance on Section 78 of the Electoral Law of Edo State pursuant to the recognition granted to the 2012 and 2017 amendments by the extant 2022 amendment Law.”

Chastising the branch leadership for wading into the matter, NBA-SIDEL wondered why it held itself out as the mouthpiece of the tribunal, saying: “Finally, NBA-SPIDEL believes that the office of the Chief Registrar of the Edo State High Court is the appropriate authority to respond (if at all) to our earlier statement. With utmost respect, NBA Benin branch has no duty to respond to NBA-SPIDEL on this issue for very obvious reasons. The NBA does not and should not operate in this way. With due respect, the statement of the much-respected NBA-Benin branch was certainly pugnacious. However, NBA-SPIDEL takes it in good faith.”

RE: NBA RAPS EDO CHIEF JUDGE OVER ELECTION TRIBUNALS; A RIPOSTE TO THE STATEMENT OF NBA BENIN BRANCH.

The statement of NBA-Benin branch signed by her chairman and secretary, respectively, on the matter of the constitution of election petition tribunal in Edo State by the Honourable Chief Judge of Edo State, has come to the attention of NBA-SPIDEL.

In the said statement, the well-respected NBA Benin branch (the Lion bar) stated that NBA-SPIDEL placed reliance on an extinguished or repealed section 78 of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment Law ( hereinafter simply referred to as the electoral law) in SPIDEL’s statement made on the 19th of September, 2023, with respect to the constitution of election tribunal in Edo State by the Honourable Chief Judge of Edo State.

Though we admit that it certainly looks incongruous for a branch and a section of the Nigeria Bar Association (NBA) to trade public statements on an issue, however it is ethically germane that NBA-SPIDEL robustly respond to the statement of NBA Benin branch to protect its integrity, set the records straight, and put the issues in proper perspectives.

NBA Benin branch stated that contrary to the assumption of NBA-SPIDEL, that section 78 of the Edo State Independent Electoral Commission Establishment Law was extinguished or repealed by an amendment that came into force on the 17th day of April, 2013. With utmost respect to our respected NBA Benin branch, we find it difficult to agree to that suggestion having regard to the state of the law and facts pertaining to this issue that are within our purview.

For the records, the extant applicable law on this issue is the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission (Re-enactment) (Amendment) Law, 2022 …. section 2 of the said enactment is hereby referenced.

More importantly, section 4 of the said enactment provides that
“The Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law 2012 and the amendment Law 2017 and the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-Enactment) (Amendment) Law 2022 (hereinafter in this law referred to as the “the principal Law) are hereby amended as provided for in this law.”

A careful and fecund appraisal of the above-referenced section 4 of the extant electoral law indicates that the said section 4 mentioned or referenced all past/previous amendments to the electoral law i.e, the 2012 and the 2017 amendments.

NBA-SPIDEL holds the view that the reference, recognition, and mention of the 2012 and 2017 amendments by section 4 of the 2022 electoral law expressly excludes any other purported amendment, (inclusive of a 2013 amendment) not recognized, referenced and/or mentioned by the said section 4 of the extant law of 2022.

NBA-SPIDEL also holds the considered view that by the deliberate exclusion and/or non-statutory recognition of, and/or the non-legislative reference to any 2013 amendment as forming part of the extant 2022 law, the purported 2013 amendment is by implication not in existence or never even existed.

NBA-SPIDEL is fortified in its view above, due to the fact that in 2018, the office of the Honourable Chief Judge of Edo State acting pursuant to the then extant Edo State Local Government and the Edo State Independent Electoral Commission Law i.e. as amended in 2017, rather constituted 5-man election petition tribunal(s) to hear and determine petitions arising from the then local government election instead of 3-man election petition tribunal(s).

NBA-SPIDEL believes that the office of the Honourable Chief Judge of Edo State would have expectedly constituted 3-man election tribunal(s) in 2018 if the the-NBA-Benin-referenced 2013 amendment was actually in existence in 2018.

NBA-SPIDEL and discerning Nigerians are interested in knowing why the office of the Honourable Chief Judge did not constitute 3-man election petition tribunal(s) in 2018?

We ask, if the 2013 amendment which allegedly provides for 3-man election petition tribunal(s) was the existing law in 2018, pursuant to which law therefore did the office of the Edo State Chief Judge constitute 5-man election tribunal(s) in 2018? In other words, why did the very learned office of the Honourable Chief Judge of Edo State constitute 5-man election petition tribunal(s) instead of 3-man tribunal(s) in 2018 in light of the 2013 amendment which provides for 3-man election petition tribunal(s) in Edo State?

Curiously, why did NBA Benin branch not bring the existence of the 2013 amendment to the attention of the office of the Honourable Chief Judge of Edo State in 2018, to properly direct the mind of the Honourable Chief Judge from constituting illegal 5-man election petition tribunal(s) then?

Indeed, could everyone in the highly educated Edo State have been so comprehensively misled as to the real state of the law in 2018?

Has NBA Benin branch by this intervention not inevitably declared the entire acts and decisions of the 2018 Edo State Election Petition Tribunal void and unlawful ab inito? What did NBA Benin branch do to ensure that the provisions of the 2013 amendment were scrupulously adhered to in 2018?

Conclusively, NBA-SPIDEL has no doubt that NBA Benin branch will inevitably come to the conclusion that something is definitely wrong somewhere if she decides to interrogate and investigate the seeming lacuna in the extant enactment and the previous constitutions of election tribunals in Edo State? More importantly, this conundrum points to the fact that there is really more than meets the eye in all these. NBA-SPIDEL therefore urges NBA Benin branch to set up a committee to unravel the mystery in the interest and promotion of the rule of law, legislative integrity, judicial impartiality and the sustainability of our hard-earned democracy.

Arising from all these, NBA-SPIDEL is therefore of the considered view that either the NBA-Benin-referenced 2013 amendment is contrived, or the 2022 amendment law tells a lie about itself? Nonetheless, the extant law on this matter is the Edo State Local Government and the Edo State Independent Electoral Commission Amendment law, 2022. Imperatively, the 2022 electoral law and its provisions override all other purported amendments not referenced, recognised, and/or assumed by it.

NBA-SPIDEL therefore states without equivocation that it stands by its earlier statement and is certainly sure-footed on its reliance on Section 78 of the Electoral Law of Edo State pursuant to the recognition granted to the 2012 and 2017 amendments by the extant 2022 amendment Law.

NBA-SPIDEL unfortunately finds it difficult as the NBA Benin branch would want, to place reliance on a purported 2013 amendment not recognized nor referenced by the extant 2022 amendment law. NBA-SPIDEL is therefore undeniably justified in not placing reliance on the purported 2013 amendment when in fact, the exalted office of the Chief Judge of Edo State failed, neglected and/or refused to constitute the 2018 election tribunal(s) pursuant to the purported 2013 amendment.

Finally, NBA-SPIDEL believes that the office of the Chief Registrar of the Edo State High Court is the appropriate authority to respond (if at all) to our earlier statement. With utmost respect, NBA Benin branch has no duty to respond to NBA-SPIDEL on this issue for very obvious reasons. The NBA does not and should not operate in this way. With due respect, the statement of the much-respected NBA-Benin branch was certainly pugnacious. However, NBA-SPIDEL takes it in good faith.

Dated this 21st day of September, 2023.

John Aikpokpo-Martins
Chairman

Funmi Adeogun
Secretary

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The embattled Treasurer of the Nigerian Bar Association, Caroline Anze-Bishop has called for an “independent audit” of the association’s finances in order to determine its true status.

In a statement she personally signed and made available to CITY LAWYER, the NBA National Officer debunked several accusations made against her by NBA President, Mr. Yakubu Maikyau SAN during the recent NBA Annual General Meeting , saying: “I equally demand for an independent audit of our Financial Books to ascertain or debunk Mr. Presidents allegation of Financial Fraud against all National Officers and the tarnishing implication that we are Crooks. I believe our true BPF and general financial position will be revealed and all Crooks apprehended. I am not a thief and I daresay an immediate audit of our Account will corroborate my claim and certify me clean, so I strongly demand for an immediate Audit thereof.”

Saying that the anti-graft agencies may soon swoop on the association, Anze-Bishop wrote: “May I also State that when Mr. President single handedly undertook to receive an anonymous donation of undisclosed sums in US Dollars and further undertook its conversion at an undisclosed rate to Fifty million Naira N50M, then unilaterally appropriated ten million naira (N10M) to himself, and also single handedly deposited or attempted to deposit the alleged balance of forty million naira N40m in our Account and so on and forth; in clear contradiction of Section 9 (5) (a) and of the Treasurer’s primary Mandate, he simply confirmed the fact that he’s been acting as the Treasurer of the Bar, and doing my job at will with impunity.”

She denied the claim by Maikyau that the National Officers resolved to share the balance of N40 Million received from Kebbi State Government, saying: “I know for a fact that there was never ever a meeting of National Officers where a resolution to share any monies (or the said N40 million as falsely alleged by Mr. President) was ever reached. The open public rebuttal of the Assistant General Secretary (who takes down the minutes of meeting) squarely amplifies this truth.”

She debunked the claim that Maikyau funds his personal aides, saying: “You will easily find in the NBA Staff salary schedule of the Association that Mr. President retains not less than 3 Aides on the payroll of our Association at the moment, contrary to his publicized claim on the floor of the AGM that he personally pays ALL his aides from his personal purse.”

Similarly, she denied the charge that the National Officers were only gunning for the association’s Bar Practising Fee, saying: “Mr. President alleged that National Officers are fighting him because he refused to share the BPF with us. May I state here that this is totally false and mischievously toned to distract members from focusing on his Alpha Male style of Leadership exposed.”

The embattled Treasurer also denied lobbying for foreign visits, adding: “Mr. President has on these very critical issues played the Victim, The Prosecutor, Judge and Executioner: I hereby challenge Mr. President to bring forward his evidence in support of this weighty allegation made before the whole world against us as it ridicules and cast aspersion on our integrity as Constitutionally Elected Officers of the NBA and the Nigerian Bar Association at large.”

Continuing, Anze-Bishop wrote: “With due respect, I request Mr. President to cease and desist from inveighing me in his blanket denigration of National Officers, and to right away retract these false statements and issue a public apology against my Person and all distinguished National Officers of the Bar.”

Querying whether she is “expected to vet Financial Memos and recommend them in absentia” due to Maikyau’s cost concerns, the embattled Treasurer demanded an Extra-Ordinary General Meeting to resolve her petition to the AGM, saying: “I hereby call for the convening of an Extraordinary General Meeting (Egm) Pursuant To Section 10(4) & (7) Of The Nba Constitution, 2015 (As Amended) (since the inconclusive AGM was adjourned sine die) so that we reach a logical conclusion of the meeting and issues abandoned on the Agenda of that day.”

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Judge Nancy Maldonado of the United States District Court for the Northern District of Illinois has placed an immediate stay on the release of President Bola Tinubu’s university records after he pleaded severe and irreparable consequences to his life.

CITY LAWYER recalls that Judge Jeffrey Gilbert had ordered Chicago State University to release Tinubu’s academic records to former Vice President Atiku Abubakar.

But Tinubu had, through his lawyers, urged Ms. Maldonado, a district judge, that the September 6 order by Judge Jeffrey Gilbert, a magistrate, should be delayed. The judge agreed that the matter might be too severe for Mr. Tinubu to bear and granted a stay until further argument on the matter. “This needs to be handled with care,” Mrs. Maldonado said.

The judge gave Mr. Tinubu’s lawyers until Monday to file a full brief on the matter before the court. Atiku Abubakar’s lawyers said they would reply to the brief by 11:00 p.m. on the same day.

“I may ultimately adopt the magistrate’s recommendation and allow the discovery to go forward, or I can ask all parties to file briefs afresh,” the judge added.

At issue has been the subpoena application filed by Abubakar seeking to obtain records of Tinubu at Chicago State University, following widespread inconsistencies with the Nigerian president’s academic records already in the public domain.

Abubakar’s application was granted in a judgement issued on Tuesday by Gilbert, who ordered the production of the documents as well as the deposition of the school’s administrators. Abubakar plans to use the records to demonstrate Tinubu’s ineligibility for president, relying on the constitutional section that disqualifies a candidate who submitted a forged certificate to the electoral office INEC.

CSU officials have insisted that Tinubu attended the school, but they they have also said they couldn’t authenticate his certificate under oath because they couldn’t tell where he found it.

Tinubu initially argued that the documents should not be released to Abubakar because they would not be tenable before the Nigerian Supreme Court, where Abubakar now intends to file them as part of his appeal against a tribunal verdict that certified Tinubu’s election on September 6.

Abubakar submitted his appeal to the Supreme Court on September 19, the same day Judge Gilbert ordered CSU to release Tinubu’s records within two days.

But Peoples Gazette reported that as the 48-hour deadline loomed on Thursday afternoon, Tinubu suddenly approached Ms. Maldonado, seeking a delay, and suddenly elevating the desperate situation of the matter to include potential damage to Tinubu’s life.

“Severe and irreparable harm will be done to Bola Tinubu if the records are released,” Mr Tinubu’s lawyer argued at an emergency appeal before Judge Nancy Maldonado of the United States District Court for the Northern District of Illinois in Chicago.

If the records are released, harm will be done and cannot be taken back to the bottle, Tinubu’s lawyer added during the court hearing that began at 3:00 p.m. via telephone conference and lasted about 40 minutes.

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A senior lawyer and former Oyo State Attorney-General, Mr. Mutalubi Ojo Adebayo SAN has restated his “resolve to institute legal actions against the Government of Osun State and its Judicial Service Commission if they fail, neglect and refuse to clear and settle all the arrears of allowances they owe the judicial officers in the State on or before 30th September,2023 .”

Osun State Government had in its response to the earlier threat urged Ojo “to avoid distractive and interloping activism,” adding that “As we believe he is not politically recruited, he should adopt other dignifying route rather than usurping labour dispute question which only the unions and their employers can undertake.”

But in a statement made available to CITY LAWYER, Ojo vowed to press on with the lawsuit, saying that “The Governor and the Government of Osun State should be reminded that those allowance are deserved earnings and rights of the judicial officers for the lawful services they have rendered to the state and which has become due just debts that the government must settle and pay without further delay.”

The statement by the Osun State Government partly reads: “We can add for him that the Adeleke administration inherited from the two previous governments of the All Progressive Congress a whopping salary, pension and employment related debt to the tune of 100 billion naira. This is outside another state debt of over 400 billion naira. The Adeleke administration has however commenced payment of such salary and pension debt amidst cash crunch and equally competing demands for state expenditure.

“We are constrained to therefore urge the lawyer to avoid distractive and interloping activism. As we believe he is not politically recruited, he should adopt other dignifying route rather than usurping labour dispute question which only the unions and their employers can undertake.

“As we assume the lawyer has good intention, he can rework his threat into an appeal to the State Governor to continue his ongoing phased payment of outstanding liabilities inherited from the previous administrations. He may further commend the Governor for acting for all Osun people by devising strategies to complete abandon projects and gradual payments of outstanding liabilities.”

RE : OSUN URGES LAWYER TO DROP LEGAL ACTION THREAT

I read with amusement the press statement issued by the Chief Press Secretary to the Governor of Osun State, Mallam Abdul-Rasheed Olawale , who I must admit is a Gentleman per excellence.

However, while I truly acknowledge the fact that Senator Nurudeen Ademola Jackson Adeleke, the Governor of Osun State has truly hit the ground running in delivering the much needed dividends of democracy to the people of the State who gave him the mandate to lead them, but that should not be an excuse for the Governor to treat the Judicial Officers in the state ( both serving and retired) with disdain as if their allowances and just entitlements are largese , favour and privileges that are at the discretion or whims and caprices of the Governor and the Government of Osun State to settle or pay as he deems fit.

The Governor and the Government of Osun State should be reminded that those allowance are deserved earnings and rights of the judicial officers for the lawful services they have rendered to the state and which has become due just debts that the government must settle and pay without further delay.

Also, it beats me so hollow that Osun State Government failed to understand elementary issue of civic and political education that governance is a continuum and also that the debts are owed the judicial officers are debts owed by the Government of Osun State and not personal debt of any person. The amiable People’s Governor, Senator Ademola Adeleke was fully aware of the state of debts of the Osun State Government when he was begging for the votes of the people of Osun State during the electioneering campaign period and for which the people of the state entrusted to him by voting him into office.

I must hasten to add that if the Governor of Osun State could find it comfortable and convenient to settle and clear all the arrears of salaries and severance packages of numerous past political appointees in the State just recently, I could not understand the rationale behind the continuing refusal of the government to also pay at once all the arrears of allowances that are being owed the judicial officers in the state, more so that the allowances due to the judicial officers are indeed far lower than the humongous sum of money paid to all the past political appointees in the state.

The Governor and the Government of Osun State would be doing themselves great public relations and will continue to earn and enjoy the goodwill of the people of the state and will also be threading the path of honour , decency, civility and nobility if they clear and pay without further delay all the arrears of allowances due to the judicial officers in the state so that the Osun State Government can be taken off and free from the opprobrium of disgrace and condemnation they are currently earning and attracting to themselves both nationally and globally as a result of the unprecedented and undeserved shabby and indecent treatments that the state has meted out to the judicial officers in the state.

I reiterate that I shall make good my resolve to institute legal actions against the Government of Osun State and its Judicial Service Commission if they fail, neglect and refuse to clear and settle all the arrears of allowances they owe the judicial officers in the State on or before 30th September,2023 .

DATED this 22nd day of September,2023

JCI Senator Mutalubi Ojo Adebayo,SAN
Asiwaju of Ita-Ege and Idi-Aro

NEWS RELEASE

MAZI AFAM OSIGWE, SAN, CELEBRATES CHIEF EMEKA OBEGOLU, SAN ON THE OCCASION OF HIS FIFTIETH BIRTHDAY

Dear Akajiugo Emeka Obegolu SAN

I warmly wish you a happy birthday as you turn fifty (50) years.

It brings me immense joy to extend my heartfelt birthday wishes to a distinguished legal luminary and a cherished friend.

Your journey through the legal profession has been resoundingly remarkable.

Your dedication, professionalism, and unwavering commitment to justice is commendable. Your tireless commitment in charting new areas and advocating for justice have earned you the well-deserved distinction of a Senior Advocate of Nigeria. Your achievements have not only enriched your professional colleagues but have also touched countless lives, making you a true trailblazer in your field.

Beyond your professional accomplishments, your exceptional qualities as a friend truly set you apart. Your warmth, kindness, and genuine concern for others have created a network of friendships that spans far and wide. Your willingness to offer guidance, support, and a listening ear has been a source of solace and inspiration for many, including myself.

As you ascend the fifth floor of life, I not only reflect on your remarkable career, doggedness, loyalty, and excellence but also on the bonds of friendship you have nurtured over the years. Your ability to bring people together, bridge divides, inspire, teach and foster camaraderie is a testament to your character and the respect you command.

May this birthday be a reminder of the countless lives you’ve touched, the legal legacy you’ve built, and the enduring friendships you’ve cultivated. Here’s to wish you, my good friend High Chief EMEKA Obegolu SAN, a true legal personality and an even truer friend!

May your day be filled with joy, laughter, and the warmth of those who hold you dear. I wish you many more years ahead filled with continued success, excellence, good health, and the unwavering support of friends and loved ones.

Happy Birthday, Chief EMEKA Obegolu SAN!

Warm regards,

Mazi Afam Osigwe, SAN.

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Chief Joe-Kyari Gadzama SAN has congratulated Justice Amina Augie (JSC) as she retired from the Supreme Court Bench yesterday.

A congratulatory massage personally signed by Chief J-K Gadzama SAN and sent to her partly reads: “This auspicious day is a wonderful time to reflect on your lordship’s many ground-breaking accomplishments of the past years.

“As a Chief Magistrate in the Sokoto State Judiciary, Your lordship had always been applauded for the sterling qualities of hard work, integrity and unreserved commitment to national growth and development. This is evident by the numerous awards and decorations your lordship had earned over the years.

“Your lordship’s immeasurable contributions to the advancement’ of the Judiciary and our dear nation Nigeria, through many years of meritorious national service is indeed commendable. Your lordship’s quest for justice, equity and fairness is worthy of emulation by us all and generations to come. I have had the great privilege to be taught by your lordship at the Nigerian Law School from 1985-1986 and have appeared several times before your lordship at the Supreme Court. Your Lordship remains my mentor even after a glorious retirement from the beach.

“Indeed, the mark Your lordship has left on the judiciary and the entirety of the legal profession will serve as a reference point and inspiration for lawyers across the globe. As Your Lordship celebrates this gargantuan milestone, it is my earnest prayer that the many years ahead be blessed with divine grace, good health and prosperity.”

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A United States District Court in the Northern District of Illinois has granted the request made by the presidential candidate of the Peoples Democratic Party, Atiku Abubakar, for the release of President Bola Tinubu’s academic records by Chicago State University.

In a ruling obtained by CITY LAWYER and delivered by US Magistrate, Judge Jeffrey Gilbert on Tuesday, the court ordered Chicago State University to provide “all relevant and non-privileged documents” to Atiku Abubakar within two days.

The ruling acknowledged Tinubu’s lawyers’ argument against lifting their client’s privacy privilege and clarified that only “non-privileged documents” should be produced.

“This matter is before the Court on Atiku Abubakar’s Application Pursuant to 28 U.S.C. § 1782 for an Order Directing Discovery from Chicago State University for Use in a Foreign Proceeding (“Application”) [ECF No. 1]. For the reasons discussed below, the Application is granted,” Gilbert said.

Atiku had initiated the legal action in pursuit of an order compelling the university to release Tinubu’s academic records, THE GUARDIAN reports.

Following the affirmation of Tinubu’s victory by the Presidential Election Petition Tribunal, Atiku and his Labour Party counterpart, Peter Obi, submitted 86 grounds of appeal to the Supreme Court, seeking to overturn the judgement.

In separate appeals filed on Tuesday, the two candidates asked the apex court to set aside the PEPT ruling and nullify Tinubu’s election, describing the verdict as erroneous.

Atiku’s appeal primarily focused on 35 grounds in which he contested the tribunal’s decisions on electronic result transmission, Federal Capital Territory votes, and other aspects.

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The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has raised eyebrows on the alleged failure of the Edo State Chief Judge, Justice Daniel Okungbowa to properly constitute election petition tribunals for the 2023 Edo State Local Government Elections.

In a statement made available to CITY LAWYER, the association noted that it “has taken due notice of the confounding reports from Edo State of the somewhat neglect of the office of the Honourable Chief Judge of Edo State to mandatorily constitute the 5-man election tribunal(s) as compelled by the provisions of section 78 of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment Law.”

Noting that “there is no registry of the election tribunal that has been opened to the public anywhere in Edo State as of this moment,” NBA-SPIDEL stated that “NBA-SPIDEL does not want to believe that this is a calculated attempt to short-circuit the electoral process or abridge the rights of voters and candidates with subterfuge. NBA-SPIDEL does not also want to believe that the very Honourable office of the Chief Judge that is draped with so much diligence, vigilance and knowledge of the law, would miss the clear wordings in section 78 that prescribed a five (5) man tribunal as to ab initio constitute an illegal tribunal. That is our dilemma.“

THE FAILURE, NEGLECT AND/OR REFUSAL OF THE HONOURABLE, THE CHIEF JUDGE OF EDO STATE, HONOURABLE JUSTICE D. I. OKUNGBOWA TO LAWFULLY CONSTITUTE THE ELECTION TRIBUNAL(S) IN EDO STATE IN ACCORDANCE WITH THE PROVISIONS OF THE EXTANT LAW: A CALCULATED OR AN INNOCOUS ACTION?

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The Acting Inspector-General of Police, Kayode Egbetokun, has assured the public that the police “is fully committed to collaborating closely with other relevant authorities to conduct a thorough and comprehensive investigation into this heinous act while relentlessly pursuing the cause of justice.”

In a statement on the attack on a joint patrol in Imo State, the police chief urged “anyone who may possess information related to this incident to come forward and actively assist in the investigative process and/or send in information anonymously through the NPF Social Media handles @PoliceNG, or through mail at pressforabuja@police.gov.ng.”

TRAGIC ATTACK ON OPERATIVES IN IMO: NPF COMMITTED TO INTER-AGENCY COOPERATION TO BRING CULPRITS TO BOOK

• As IGP Orders Clampdown on Non-State Actors, Condoles with Families, Relatives of Deceased Officers

The Nigeria Police Force deeply mourns the recent attack on security operatives in Imo State, an event that has resulted in the tragic loss of precious lives of officers from various security agencies who have been dedicated to ensuring peace and protecting lives in Imo State.

This incident, which occurred on Tuesday 19th September, 2023, in Oriagu, Ehime Mbano Area of Imo State, serves as a stark and painful reminder of the daily risks and sacrifices that our security personnel willingly embrace in their unwavering commitment to ensuring the safety and security of our communities. The security agents affected by this senseless act of violence, comprising Police Officers, the Military, personnel of the Nigeria Security and Civil Defence Corps (NSCDC), and the National Drug Law Enforcement Agency (NDLEA) were diligently responding to a distress call from the area which turned out to be fake, and targeted at luring them into the ambush.

The Inspector-General of Police, Ag. IGP Kayode Egbetokun, has however assured the public that the NPF is fully committed to collaborating closely with other relevant authorities to conduct a thorough and comprehensive investigation into this heinous act while relentlessly pursuing the cause of justice. He assures that the Force would redouble its efforts to bring the culprits to book and guarantee the safety of our officers and the security of our communities, while earnestly imploring the public to remain calm and vigilant. He further urged the public to extend their cooperation to law enforcement agencies in the collective pursuit of peace and order in Imo State and other parts of the country.

In the same vein, Ag. IGP Olukayode Egbetokun, equally extended thoughts and prayers to the families of the fallen heroes, pledging that the sacrifices made by their loved ones will not be in vain.

The NPF urges anyone who may possess information related to this incident to come forward and actively assist in the investigative process and/or send in information anonymously through the NPF Social Media handles @PoliceNG, or through mail at pressforabuja@police.gov.ng.

ACP OLUMUYIWA ADEJOBI, mnipr, mipra,
FORCE PUBLIC RELATIONS OFFICER,
FORCE HEADQUARTERS,
ABUJA

20th September, 2023

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The Enugu State Election Petition Tribunal sitting in Enugu has fixed tomorrow, September 21, 2023 for judgment in a Governorship Election Petition involving Mr. Chijioke Edeoga and Gov. Peter Mbah.

CITY LAWYER recalls that the Tribunal sitting in Enugu had reserved judgment on the matter brought by Edoga, the governorship candidate of Labour Party (LP), challenging the victory of Peter Mbah, candidate of People’s Democratic Party (PDP) in the March 18, 2023 gubernatorial poll in the state declared by the Independent National Electoral commission (INEC).

Justice Murayo Akano-tribunal, after taking the final addresses of the petitioners and respondents, reserved judgment for a date-to-be communicated to the parties.

Mbah had during the trial poked holes in the allegations of forgery of his National Youth Service Corps (NYSC) discharged certificate, over-voting, and falsification of results.

There was also a drama in court as the Respondents – Mbah, PDP, and the Independent National Electoral Commission (INEC) – opposed application by the petitioners to amend their prayer in their final written address seeking to be declared winners of the Rivers State governorship election rather than Enugu gubernatorial election.

In adopting his final written address before the Justice M. K. Akano-led tribunal, Mbah, through his counsel led by Wole Olanipekun SAN, described the petitioner’s reliance on NYSC discharge certificate as of “no moment.”

Olanipekun argued that not only should the issue of NYSC discharge certificate not have arisen in the first place since it is neither a qualification for the position of governor as listed in Section 177 of the 1999 Constitution (as amended) nor an educational qualification, which could be considered as a document required in aid of qualification, the petitioners also failed to prove a case of forgery against him.

His words: “The fact that NYSC certificate is not a requirement for contesting election to the office of governor is one that has been judicially settled. And in this regard, we refer your Lordships to the Court of Appeal decision in Obi-Odu v. Duke (2005).

“The gross and net effect of the legal reality that NYSC certificate is not a requirement for qualification to hold office as governor is that the mens rea (knowledge/intention) of the alleged offence as pleaded has not been proven and also that the entire point is non sequitur.”

Furthermore, citing several judicial authorities, the final written address equally argued that NYSC certificate, not being an educational qualification or a qualification for the office of Governor, Dr. Mbah did not refer to it in the affidavit he deposed in the submission of his INEC form and therefore could not be counted against him.
“Thus, where no reference is made at all to a document, even if accompanying an affidavit, that document is indeed an orphan, and sadly so,” they said.

Mbah’s counsel pointed out that the petitioners’ witnesses from the NYSC testified against the petitioners and in favour of Mbah by admitting that the NYSC mobilised the governor for national service, approved his suspension of service to go for his Law School programme, and also reposted him to Udeh & Associates to complete his service after the Law School.

They held that having fulfilled the obligations, it was mandatory on the NYSC to issue Mbah with a certificate, hence the case of forgery could not have arisen.
“The fact that the petitioners themselves tendered a certified true copy of the said certificate certified by NYSC themselves, puts a lie to the claim of forgery, because prima facie shows that they hold a copy of it and that NYSC is the custodian.

“NYSC certified a true copy of what is in its custody. PW1 (NYSC Director) tried to put forward a narrative that the discharge certificate was not issued because the Respondent (Mbah) allegedly did not participate in Community Development Service (CDS), suggestive of the fact that withholding the certificate was a penal action, yet, no document of a formal report of absence at CDS, a query to the Respondent, a trial or investigation, and formal communication of sanction to the Respondent was tendered.

“Section 2 of the NYSC Act mandates the NYSC to issue a certificate of national service, using the word ‘shall’. See Bamaiyi v. Attorney General of the Federation (2001) on the mandatory implication of the word ‘shall.’

“Therefore, it cannot be reasonable in a situation where proof must be beyond reasonable doubt to state that such mandatory statutory responsibility was not performed because of a punitive measure, yet no formal record of same was tendered before this honourable tribunal. This is a massive hole in criminal allegation of forgery being advanced by the Petitioners.

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The presidential candidate of the Labour Party, Peter Obi, has appealed against the tribunal judgement which upheld the victory of President Bola Tinubu.

The Presidential candidate of the Peoples Democratic Party (PDP) Atiku Abubakar has also filed an appeal against the judgment of the Presidential Election Petition Court.

Obi in a 50 grounds notice of appeal obtained by CITY LAWYER and by his lead counsel, Dr. Livy Uzoukwu, SAN, challenged the decision of the presidential election tribunal.

The notice of appeal partly read, “Take notice that the Appellants being dissatisfied with the decisions in PETITION NO: CA/PEPC/03/2023 MR. PETER GREGORY OBI & ANOR. v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS. (consolidated with Election Petition Nos: CA/PEPC/04/2023 and CA/PEPC/05/2023), contained in pages 3-327 of the Judgment of the Court of Appeal sitting as the Presidential Election Petition Court, Holden at Abuja, Coram: H. S. Tsammani, Stephen Jonah Adah, Misitura Omodere Bolaji-Yusuff, Boloukuroma Moses Ugo and Abba Bello Mohammed, JJ.C.A. (“the Court below”) delivered on the 6th day of September 2023, and more particularly stated in paragraph 2 of this Notice of Appeal, do hereby appeal to the Supreme Court on the Grounds set out in Paragraph 3 and will at the hearing of the appeal seek the Reliefs sought in paragraph 4 herein.”

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The Chairman of the 2023 Nigerian Bar Association Annual General Conference Planning Committee, Mazi Afam Osigwe SAN has lauded the Nigerian Bar Association (NBA) Garki and Lokoja branches on their 2023 Law Week.

MAZI AFAM OSIGWE, SAN FELICITATES NIGERIAN BAR ASSOCIATION GARKI BRANCH ON THE OCCASION OF THE 2023 LAW WEEK

I extend my warmest greetings to you on the occasion of your Law Week, themed “Keeping the Pace.” It is truly inspiring to witness your dedication to upholding the principles of justice and the rule of law in our society.

Your commitment to excellence in the legal profession is commendable, and I do not doubt that this week’s events will be both enlightening and enriching. As you deliberate on the theme of “Keeping the Pace,” may you find new ways to adapt to the ever-evolving legal landscape and continue to champion justice for all.

I wish you a successful and productive Law Week, filled with insightful discussions, networking opportunities, and a renewed sense of purpose in serving our community.

Warm regards,

Mazi Afam Osigwe, SAN
Chairman, 2023 Nigerian Bar Association Annual General Conference Planning Committee

MAZI AFAM OSIGWE, SAN FELICITATES NIGERIAN BAR ASSOCIATION LOKOJA BRANCH ON THE OCCASION OF THE 2023 LAW WEEK

I extend my warmest greetings to you on the occasion of your Law Week with the theme “True Democracy and the Role of Legal Practitioners in Nigeria.”

Your commitment to upholding the principles of democracy and the invaluable contributions of legal practitioners in Nigeria is truly commendable. In a nation where the rule of law is paramount, your dedication to justice and fairness is essential.

I believe that this Law Week will serve as a platform to engage in meaningful discussions, share knowledge, and further strengthen the legal profession’s pivotal role in the development of Nigeria’s democracy. Your efforts in promoting justice, equality, and accountability are integral to a thriving society.

I wish you a successful and insightful Law Week, filled with enlightening discussions and meaningful connections. May your endeavors continue to shape a more just and democratic Nigeria.

Warm regards,

Mazi Afam Osigwe, SAN
Chairman, 2023 Nigerian Bar Association Conference Planning Committee

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The International Federation of Women Lawyers (FIDA) has described as “shocking and greatly disappointing” the alleged role played by the Minister of Women Affairs, Barr. Uju Kennedy Ohanenye in the ongoing investigation of suspended Dean of Faculty of Law, University of Calabar, Prof. Cyril Osim Ndifon.

Ohanenye has come under a barrage of criticisms from critics for allegedly discouraging “survivors” in the sexual harassment scandal from testifying before the probe panel instituted by the university authority.

In a statement obtained by CITY LAWYER, the global women’s rights body stated that “The Minister of Women Affairs, Barr. Uju Kennedy Ohanenye, by her professional calling and the expectations of her ministerial office, owes a duty of leading the charge towards protecting women from all acts of abuse, including encouraging and supporting victims of sexual and gender-based violence to break the culture of silence and get justice, hence the alleged distasteful manner in which she interrogated the vulnerable and possibly traumatized students is shocking and greatly disappointing.”

Signed by its Country Vice President/National President, FIDA Nigeria, Mrs. Amina Suzanah Agbaje, FIDA also stated that it “totally condemns the alleged sexual harassment of female students by the embattled Dean, Faculty of Law, University of Calabar, Prof. Cyril Osim Ndifon as reported recently in various news platforms.”

The full statement reads:

SEXUAL HARASSMENT OF FEMALE STUDENTS AS AN INSIDIOUS FORM OF GENDER-BASED VIOLENCE MUST BE STOPPED!!!

FIDA Nigeria strongly condemns in its entirety and in the strongest terms possible, all forms of gender-based violence against women, particularly those against female students in secondary and tertiary institutions by staff of the institutions, such as teachers and lecturers. In this vein, FIDA Nigeria totally condemns the alleged sexual harassment of female students by the embattled Dean, Faculty of Law, University of Calabar, Prof. Cyril Osim Ndifon as reported recently in various news platforms.

We vehemently denounce these acts as vile and an ugly menace that must be eradicated from our institutions of learning, and our society at large. Students are in school to be educated and must be guided and protected while learning, not to be intimidated and taken advantage of because of their vulnerability and/or gender.

It is alarming that sexual harassment of females particularly in tertiary institutions has assumed a perilously critical dimension, constituting a horrifying kind of violence targeted at violating the fundamental human rights of a person. It is a form of sexual victimization of an individual using unequal power relations. This pandemic is so vile and encompasses acts revolving around explicit or implicit sexual overtures including unwelcome sexual remarks or physical advances, and inappropriate promises of reward in exchange for sexual favours in the workplace, professional or social setting amongst others.

These acts have been criminalized by the Violence Against Persons Prohibition (VAPP) Act 2015 and indeed, the extant VAPP Law of Cross Rivers State. Being that the state and all persons of goodwill are under a duty to give effect to these statutory provisions against all forms of violence, including desisting from aiding and/or abetting of same in any manner or to any degree, FIDA Nigeria therefore unequivocally condemns the alleged intimidation of some of the students who bravely spoke up on the alleged Ndifon’s case, currently under investigation.

The Minister of Women Affairs, Barr. Uju Kennedy Ohanenye, by her professional calling and the expectations of her ministerial office, owes a duty of leading the charge towards protecting women from all acts of abuse, including encouraging and supporting victims of sexual and gender-based violence to break the culture of silence and get justice, hence the alleged distasteful manner in which she interrogated the vulnerable and possibly traumatized students is shocking and greatly disappointing.

FIDA Nigeria is keenly observing, and shall not hesitate to proceed against such perpetrators, and all persons or individuals who support such acts of violence either by their utterances or actions/ inaction, or who may try to suppress the reportage of these sort of violence meted out to persons. We remain steadfast on our mandate to protect, promote, and preserve the rights of vulnerable women and children using the instrumentality of law, strongly supporting and standing behind all survivors of violence of any kind, including those of sexual harassment and all forms of gender-based violence, and encouraging them to speak up on these crimes as their voices are meant to be heard, and justice delivered for the crimes perpetrated against them.

In conclusion, as the probe panel constituted to further investigate all facets of this case against the embattled Dean Prof C. Ndifon continue in their task, FIDA Nigeria is closely monitoring the proceedings and shall not stand by and watch perpetrators and supporters of these heinous crimes whether highly placed or not, harass, cower, intimidate, badger, suppress and or attempt to wriggle their way out of facing justice and shall follow this matter intently to ensure that justice is gotten at the end of the day, as no one is above the law.

Therefore, we call on the Government, NAPTIP, Law Enforcement Agencies, Civil Society Organizations, and indeed everyone to stand up against this scourge that has slowly crept into the fabric of our nation and ensure that all forms of violence in whatever form it presents itself is stopped!!

We also call on all Students to Stand Tall and Speak their Truth!

Signed

Amina Suzanah Agbaje, (Mrs.)
Country Vice President/National President FIDA Nigeria

FIDAnigeria
saynotoallformsofviolence
saynotosexualharrasment
EndGBVNow

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Governor Abba Kabir Yusuf of Kano State has sacked the Commissioner who threatened judges presiding over governorship elections petition tribunal in the state.

CITY LAWYER recalls that in a video which has gone viral on social media, Commissioner of Land and Physical Planning, Adamu Kibiya, was heard asking the judges to choose between their lives and their work while delivering judgement.

“People voted for us and some people are attempting to do injustice. We want to tell the judges that we will not accept this. Any judge that is willing to deprive us of our rights will regret it. Whatever will happen, we won’t care…,” he had said during a protest organised by members of the ruling New Nigeria People’s Party (NNPP) in the state.

But while addressing journalists at Government House, Kano, on Friday, Commissioner of Information, Baba Halilu Dantiye, said the governor had directed the immediate dismissal of Kibiya.

Dantiye added that the governor had also approved the sack of his Special Adviser on Youth and Sports, Aliyu Yusuf Imam, popularly known as ‘Ogan Boye’ over unguarded utterances.

Oga Boye was reported to have made “unguarded and disrespectful statements against Vice-President Kashim Shettima.

The commissioner for information said the utterances made by the Kibiya and Oga Boye do not represent the position of the State Government.

“While condemning the unfortunate threat to the Judges and the disrespect shown to the VP, we wish to make it categorically clear that the views expressed do not represent the official position of the State Government under the leadership of His Excellency Alh Abba Kabir Yusuf.”

“It is important to emphasise that neither of the two officials have any clearance to speak on behalf of government and none of them serves as official spokesperson of the government.

“Kano State Government under HE Abba Kabir Yusuf holds the judiciary in very high esteem and expresses tremendous amount of respect to justices and all judicial officers. Beside the good understanding between the government and people of Kano State and Vice President Kashim Shettima, the Kano State Governor HE Alh. Abba Kabir Yusuf deeply respects the person and office of the Vice President His Excellency Alh. Kashim Shettima GCON and will not condone any lota of disrespect on the Vice President or any other Nigerian leader.

The government has also directed that, henceforth, no official of government should speak on any matter outside the purview of their MDAs without express clearance and permission.

“Henceforth, Unguarded and inflammatory statements will not be condoned. The Ministry of Information is directed to ensure that all media outlets in the state especially radio stations are complying with the extant guidelines provided by regulatory agencies.”

“While expressing our faith in the judicial process, believing very strangly that justice will prevail at all the levels of judicial processes, the Kano State Government wishes to call on all residents in the state to remain law-abiding and continue to go about their normal businesses without any hindrances”, the commissioner added.

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• NBA ACCUSES OHANENYE OF ‘MINISTERIAL FAILING’

The Minister of Women Affairs, Bar. Uju Kennedy Ohanenye has warned that she would “jail” anyone who engages in perjury in the ongoing investigation of suspended Dean of Faculty of Law, University of Calabar, Prof. Cyril Ndifon.

In a statement she made available to CITY LAWYER, the minister “insisted on the need for justice to be vigorously pursued towards resolving the on-going sex scandal at the University of Calabar.”

According to the minister who had come under a barrage of criticisms from activists for allegedly dissuading some of the alleged sexual harassment victims from testifying, “Whoever that lies on the Calabar sexual case will go to jail. I will personally sue the person and jail he or she, whether the Vice Chancellor, Professor or the alleged victim.”

The statement was accompanied by a video where the minister restated her resolve not to spare anyone who gives false testimony at the hearing.

Ohanenye had told CITY LAWYER in an earlier interview that the First Lady, Senator Oluremi Tinubu has waded into the matter, vowing that justice must be done.

Meanwhile, the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has urged Ohanenye to refrain from alleged tampering with witnesses in the matter, saying: “SPIDEL vehemently condemns this blatant abuse of power by Minister Uju Kennedy Ohanenye which has culminated in the harassment and exploitation of young law students at the institution. We view this not just as a simple Ministerial failing, but recognize it as an issue of professional misconduct and a reflection of broader societal challenges that must be addressed promptly and effectively.

“SPIDEL calls for a thorough and impartial investigation into these allegations and insists on accountability, transparency, and appropriate action to address this deeply concerning matter. We stress that the reputation of the legal community, the rights of the victims, all other students, and the integrity of the investigative panel are at stake.”

In a statement made available to CITY LAWYER and signed by Mr. John Aikpokpo-Martins and Ms. Funmi Adeogun, its Chairman and Secretary respectively, the body urged the University of Calabar, the Nigerian Police, and the Independent Corrupt Practices and Other Related Offenses Commission (ICPC) “to conduct a comprehensive and impartial investigation into these allegations of misconduct, sexual harassment, and abuse of office so that the matter will be settled once and for all.”

It noted that the allegations against Ndifon “not only compromise the integrity of legal education but also infringe upon the rights and well-being of the affected individuals. SPIDEL states that it is disheartening that allegations of this nature have persisted against Prof. Ndifon for years.”

The NBA-SPIDEL “empathizes with the students who have shown immense bravery in coming forward to share their experiences and calls for their protection and support throughout this process. We also urge the University of Calabar to stay focused on conducting a fair and transparent investigation, ensuring that all parties involved have the opportunity to be heard.”

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The Nigerian Bar Association (NBA) has resolved to sue the Lagos State University Teaching Hospital (LASUTH) and Evercare Hospital in Lekki, Lagos over the death of its member, Late Mrs. Ijeoma Chizoma Oparanozie.

The lawsuit will be spearheaded by one of its sections, the NBA Section on Public Interest and Development Law (NBA-SPIDEL).

The 40-year-old corporate lawyer and her niece were fatally wounded when their car was hit by a somersaulting vehicle around ELF axis in Lekki, Lagos. Her six-year-old son narrowly escaped death with head injuries. She will be buried today at Umugakwo, Umuoba Uratta, Owerri North local council of Imo State after a requiem service.

In a notice obtained by CITY LAWYER, fiery human rights activist and Chairman of NBA-SPIDEL, Mr. John Aikpokpo-Martins recalled that the Section dispatched a three-member fact-finding team to Lagos for a discreet investigation of the matter, adding that “We shall be empaneling a legal team to institute an action as soon as possible.”

Noting that “The committee just turned in its report this morning,” he urged “members from Lagos to please volunteer,” adding: “We sincerely appreciate members of the fact-finding committee, Ms. Obi Ajegbo, George Nwabunike, and Adekunle Adeniyi, who are automatically co-opted to the legal team.”

CITY LAWYER recalls that Oparanozie died in controversial circumstances, with the family alleging medical negligence.

Mrs. Chinwe Chiazor, the elder sister of the deceased, told CITY LAWYER that though Evercare Hospital did medical investigation which indicated that the deceased needed urgent surgery, it took hours deliberating on payment and refused to perform the surgery unless it received a N10 million fee for both patients. According to Chiazor, though the N10 million was later paid, the hospital then raised the fee to N30 million.

The family also claimed that following the transfer of the deceased to LASUTH after negotiations broke down at Evercare, the medical team also failed to give the deceased any medical attention for almost four hours.

When CITY LAWYER contacted Evercare Hospital via its verified telephone number, one Robertson directed our Correspondent to send an email to the hospital “on your letterheaded paper and our Legal Team will respond if necessary.” LASUTH could not be reached for a response at the time of going to press.

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In this article, MR. M. T. MOHAMMED, the immediate past Chairman of Nigerian Bar Association Kaduna Branch, argues that NBA President, Mr. Yakubu Maikyau SAN has discharged his mandate creditably, urging aggrieved National Officers to resolve disputes through constructive dialogue and adherence to established norms

In the midst of internal disputes and controversies within the Nigerian Bar Association (NBA), there emerges a need to scrutinize the actions and statements of key national officers – the 3rd Vice President and the Treasurer. As the immediate past Chairman of a branch and a close observer of these developments, I feel compelled to delve into the details of these issues and provide an objective analysis. While I am not advocating for the President or taking sides in these matters, my proximity to these national officers and the evidence at hand allows me to offer a comprehensive perspective.

UNDERSTANDING THE CONTEXT
Let us begin by examining the situation with the 3rd Vice President, who recently penned an article titled “SETTING THE RECORD STRAIGHT.” In this piece, she expressed her disappointment in not being included in the Conference Planning Committee and alleged a lack of representation at the Annual General Conference (AGC). Her grievances revolve around a perceived sense of entitlement – the belief that she should have a seat at the table.

The 3rd Vice President’s lamentations about not being part of committees raise an important question: Should national officers be content with their roles, or is there a legitimate need for them to seek additional responsibilities? The NBA Constitution, in fact, does not mandate the President to include national officers in the Conference Planning Committee, though it may be beneficial for collaboration. The National Executive Council (NEC) approved the President’s selection, effectively resolving any disputes about committee membership. It is perplexing why the issue of the 3rd Vice President’s inclusion in the committee has gained such prominence, especially in the absence of demonstrated exceptional organizational skills.

Furthermore, the 3rd Vice President’s claim of having no knowledge of the conference plans is contradicted by pictorial evidence that shows all national officers attending a briefing session. During this session, the Alternate Chair of the Conference Planning Committee provided extensive information and addressed concerns raised by the national officers. The assertion of ignorance appears to be a falsehood, casting doubt on the Vice President’s credibility.

PROTOCOL AND PETTINESS
At the same briefing session, a rather petty dispute emerged among the national officers regarding the order of mention in titles. One Vice President took offense when the Alternate Chair referred to the national officers as “Honourable GS and other national officers.” This incident highlights the recurring issue of protocol within the NBA, where the order of precedence has been a subject of contention. It is worth noting that these matters should ideally be reserved for formal gatherings.

QUALITY OF LEADERSHIP
The quality of leadership within the NBA has also come under scrutiny, particularly regarding the conduct and language used by the 3rd Vice President. While she claimed to represent herself and other national officers whose responsibilities she believes are being usurped, she failed to show restraint in her choice of words. Referring to colleagues as “ass-licking Officers” is not only derogatory but also unbecoming of a high-ranking officer in the association. This type of language is not in line with the standards of professionalism and civility that should be upheld.

THE “FAMILIARIZATION TOUR” CONTROVERSY
Shifting our focus to the contentious issue of the “familiarization tour,” it is important to note that the 3rd Vice President embarked on this tour without the President’s approval. The President, citing his interpretation of the NBA’s constitution, made it clear that he would not endorse or finance such trips unless there was a crisis. The President’s stance is consistent with the constitution, which does not mention “familiarisation tours.”

The question arises: Why did the 3rd Vice President proceed with the tour against the President’s explicit instructions? The President’s interpretation aligns with NBA practice, and there is no precedent for familiarization tours in the association’s history. This move by the Vice President can be viewed as insubordination, even when considering her own account of events.

It is essential to respect the President’s interpretation of the constitution and the established norms of the NBA. The National Executive Council (NEC) would likely prefer to uphold the President’s viewpoint on this matter.

UNDERSTANDING THE DUTIES OF NATIONAL OFFICERS
To clarify any misconceptions, it is crucial to note that issues related to Human Rights do not fall under the purview of the 3rd Vice President, as claimed in her article. The NBA Constitution clearly outlines the duties of the 3rd Vice President, which do not encompass Human Rights matters.

Additionally, the role of the 2nd Vice President in coordinating branches under their jurisdiction, as exemplified during the author’s tenure as Chairman, illustrates that such coordination can occur effectively without the need for familiarization tours. Modern communication tools like phone calls and WhatsApp platforms suffice to coordinate branches in the absence of crises.

PRESIDENT’S DISCRETION AND CONSTITUTIONAL AMENDMENTS
National Officers must remember that the NBA Constitution grants the President the discretion to assign additional responsibilities to any officer. The President’s decision to assign duties to an officer is based on their capacity and competency. Those who believe the President wields too much power have the option to initiate constitutional amendments. It is important to note that the President is not responsible for the constitutional framework but rather operates within the parameters defined by the constitution.

THE DISAPPOINTING TREASURER
Turning our attention to the Treasurer of the Association, it is evident that she holds one of the most critical roles among national officers. The Treasurer’s duties, as outlined in the NBA Constitution, are extensive and encompass a wide range of responsibilities, including financial management.

Unfortunately, the Treasurer’s performance has fallen short of expectations. Her duties extend beyond the preparation of financial reports, yet she appears to limit her role to this aspect. Furthermore, the Treasurer has demonstrated a misunderstanding of her role by insisting on her consent for financial transactions and refusing to sign reports that she did not prepare. Such actions seem to be motivated by a desire for personal gain, as she aims to contest for another national office in 2024.

NEGLECTED DUTIES AND A LACK OF ACCOUNTABILITY
The Treasurer’s failure to fulfill several key duties outlined in the constitution is a matter of concern. These include ensuring that branch members pay their annual practicing fees, compiling and circulating lists of fee payment statuses, and presenting quarterly management reports to the National Executive Council. The absence of these essential functions raises questions about accountability and adherence to constitutional obligations.

CONCLUSION
It is essential for all national officers to uphold the highest standards of professionalism, civility, and adherence to the NBA Constitution. Disagreements and disputes should be resolved through constructive dialogue and adherence to established norms and procedures.

I plead with the 3rd Vice President and the Treasurer (indeed all national Officers) to cooperate and support our amiable President, Yakubu Chonoko Maikyau OON, SAN in his giant stride and in his determination to reposition and transform NBA. We are all living witnesses to his remarkable achievements within one year in office. The medical outreach alone (among others) introduced as part of the annual conference in collaboration with Kebbi State Government is a wonderful experience which put smile on the faces of many and relief to many deserving members and the less privileged among the citizens. This was achieved at no cost to the NBA. This isn’t the first laudable project the President has implemented at no cost to the NBA. For the first time in the history of NBA, NEC meeting was held in Kebbi, Kebbi State at no cost to the NBA. NBA President should not be distracted.

DISCLAIMER: The opinions expressed in this article are those of the author and do not reflect the official stance of the Nigerian Bar Association.

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NEWS RELEASE

I am delighted to extend my heartfelt congratulations to you on the monumental occasion of the launch of your 2023 endowment initiative, “Igbo Apprenticeship System: A Panacea For Mentorship Growth And Development In The Legal Professional.” This is an extraordinary endeavor that not only underscores your unwavering commitment to the legal profession but also promises to have a transformative impact on the broader legal community.

Your visionary approach to fostering mentorship and professional development within the legal sphere is both commendable and timely. The Igbo Apprenticeship System, as you’ve aptly named it, stands as a beacon of hope and guidance for aspiring legal professionals, offering them a structured path to success.

Your dedication to this cause and your tireless efforts in ensuring its realization deserve the highest praise. You have poured your heart and soul into crafting a program that will nurture the next generation of legal luminaries. Through mentorship, guidance, and your profound expertise, you are sowing the seeds of excellence within the legal community, paving the way for future achievements and breakthroughs.

This endowment launch is not just a celebration of your hard work; it is a celebration of your vision, your leadership, and your unyielding belief in the power of mentorship. It serves as an inspiration to us all, reminding us of the significant impact that one individual can make in shaping the future of an entire profession.

As you embark on this transformative journey, may your passion continue to burn brightly, and may the Igbo Apprenticeship System flourish, leaving an indelible mark on the legal landscape. Your contributions to the legal profession are invaluable, and I do not doubt that your initiative will be a resounding success.

Once again, congratulations, Otu-Oka Iwu, Abuja, on this momentous achievement. Your dedication to mentorship, growth, and development in the legal profession is a source of pride and inspiration to us all. I eagerly look forward to witnessing the profound impact of your endeavors in the years to come.

Warmest regards,

Mazi Afam Osigwe, SAN

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In this article, ace Judicial Editor HENRY OJELU tracks the humble beginnings and meteoric rise of the newly sworn-in Lagos State Attorney-General and Commissioner for Justice, Mr. Lawal Pedro SAN and concludes that his recent appointment as the Chief Law Officer of Nigeria’s commercial capital is a fitting reward for hard work and diligence

In 1987, Mr. Lawal Mohammed Alade Pedro, SAN, was just an ordinary State Counsel (Level 8 Civil Servant) in the Lagos State Ministry of Justice. Fresh from the prestigious Ahmadu Bello University, Zaria with a 2nd Class Upper Degree in Law and the Nigerian Law School, his initial plan was to spend just two years in the Ministry and move back to private practice.

That plan was however put on a pause button as the young hardworking Lagos boy applied his heart to the job and rose to become the Solicitor-General of Lagos State and Permanent Secretary Ministry of Justice in 2008.

In the same year, he was conferred with the prestigious rank of Senior Advocate of Nigeria, SAN. He thereby became the first State Counsel in the Public or Civil Service of Lagos and any State in the Federation of Nigeria to be conferred with the rank of
SAN.

Today September 13, 2023, His Excellency Babajide Sanwo-Olu the Governor of Lagos State appointed him as the Attorney General and Commissioner of Justice. Again, the first of his kind to rise from State Counsel to become Commissioner in the same Ministry. Pedro’s rise is indeed a story of hard work, perseverance and dedication to duty. No doubt, he deserves an award or honour for this feat.

ROYAL BLOOD
Born on October 6, 1961 in the Brazilian Quarters Area of Lagos Island to the families of Libento Momo Pedro and Ojutiku-Ewunmi-Oshodi and Ambose Branch of Akinsemoyin Royal Family of Lagos, Pedro attended the Christ Church Cathedral Primary School, Broad Street, Lagos from 1966 to 1972.

He proceeded to Anwar-Ul-Islam College formerly (Ahmadiyya College) Agege Lagos (1973 -1979) and Methodist Boys High School, Lagos (1980 -1981) where he obtained his West African School Certificate and Higher School Certificate respectively.

FIRST TASTE OF LAW PRACTICE
Upon graduation from the Ahmadu Bello University in 1985, Pedro attended the Nigerian Law School and was called to Bar in 1986. He had his mandatory National Youth Service, NYSC, from 1986-1987 as a Legal Officer in the Ibadan Western Regional Office of First Bank of Nigeria Plc. Thereafter he cut his teeth as a Barrister in the famous Chambers of Dele Akinmusuti & Co. which had offices in Ibadan and Lagos.

PASSION FOR SERVICE
When Pedro joined the Lagos State Ministry of Justice in December 1987, one of his major goals was to master the law and its application in upholding justice and equity. While some of his privileged contemporaries settled for less tasking roles, Pedro crisscrossed virtually all the directorates in the Lagos Ministry of Justice where he acquired knowledge and experience.

As a young State Counsel, Pedro was always among the first to resume duty and the last to leave office. He never rejected any file or posting or saw any extra task as too demanding. Within a few years of joining the Ministry, the files of his many successful litigations in court on behalf of the Lagos State Government was already attracting the attention of his bosses.

Aside from his personal case records, Pedro also made very huge contributions to the successful litigation of many landmark cases by successive Attorneys-General that headed the Ministry. These efforts earned him well deserved promotions culminating in him being appointed as Head of Civil Litigation Department in 2001. Pedro also led the team that successfully prosecuted the alleged killer of Mrs. Kudirat Abiola, wife of the acclaimed winner of the 1993 Presidential election, Chief Moshood Abiola.

As Director of Civil Litigation for many years, Pedro handled many cases that involved the State Government including land matters and administration which formed bulk of the cases litigated upon, resolved and settled in collaboration with the Lands Bureau. He was also a member of the State Land Excision Committee.

FLOODS OF RECOGNITIONS
In recognition of his exceptional hard work and dedication to duty, Pedro was elevated ahead of his seniors at the Bar and Service in the Justice Ministry to the position of Solicitor-General and Permanent Secretary, Ministry of Justice in 2008.

As a further validation of him deserving more than just a promotion in the Ministry, Pedro was awarded the prestigious rank of a Senior Advocate of Nigeria in December 2008.

OUTSTANDING SERVICE UNDER THREE ATTORNEYS-GENERAL
Pedro had the rare privilege to have served under three Attorneys- General of Lagos State. When former Vice President, Prof Yemi Osinbajo, SAN was Attorney-General of the State, Pedro was his Director of Civil Litigation and recorded many landmark victories in court on behalf of the state government.

When Mr. Olasupo Shasore, SAN, took over the office, Pedro was his Solicitor-General. As Solicitor-General to Shasore, Pedro was among the team that came up with lofty programmes in the Ministry, some of which are pathfinders for other states.

When Mr. Adela Ipaye also became an Attorney-General, Pedro was his
Solicitor-General and Permanent Secretary. Under Ipaye, Pedro amongst other things, fought for retention of vote of charge known as ‘State Cases and Brief’ in which cases involving the Lagos State government were expeditiously prosecuted.

RICH RESUME OF OTHER SUNDRY DUTIES
Pedro served in various committees on Physical planning and urban development in the State. He was responsible for most of the litigations in courts on Physical Planning matters and policy. As Solicitor-General of the State, he was a statutory member of State/Local Government Joint Account Committee (JAC).

As Permanent Secretary of Ministry of Justice he was responsible for processing the clearance for appointment of Obas and other Traditional Chiefs in the State for the Attorney-General before the Governor’s approval. He also served as a member of the State Business Ways and Means Committee aimed at improving service delivery and efficiency by reducing the cost and time of doing business in Lagos State.

SPEAKING TRUTH TO POWER
Although Pedro was working for the Lagos State Government, he was never afraid to stand his ground when he believed that the government was wrong or liable in any legal dispute. He was never afraid to speak truth to power. One instance of this rare disposition of a government officer was when Justice Habib Abiru who is now at the Court of Appeal delivered a judgment against the Lagos State Government. Being the Director of Civil Litigation at the time, Pedro was directed to appeal the judgment but he insisted that there was no basis for appeal because that would be a waste of taxpayers’ money.

President Bola Tinubu, who then was the Governor of Lagos State and an ardent respecter of the rule of law, with the support of the Attorney General at the time, accepted his decision. Pedro suggested to the state government to find another solution to the problem because there was no basis for clogging the court system with an appeal that he knew was dead on arrival.

Another instance of Pedro’s stand for justice irrespective of whose side he is on, was when the Ministry of Justice introduced the Community Service Scheme. A seminar was recommended to be held on a week-day for magistrates to understand the scheme -a situation that would have required that the entire magistrate court in the state be shut down.

Pedro vehemently kicked against the date for the conference and insisted that it was unwise to hold it on a day that would have made the Judiciary close down the whole of the Magistrate court, especially because some inmates of correctional centres could have a call over, and if the magistrates did not sit on that day, persons presumed innocent would still have to be returned to custody. Although some persons in government grumbled over his position, the then Chief Judge agreed with him, and the event was held on a Saturday. Many other instances abound where Pedro proved himself as not just a proponent of the rule of rule for the transformation of the society but one who stands by the truth and does what is right at all times.

MEDIATION EXPERT, AUTHOR
Pedro is not just a regular law practitioner, he is also a Fellow, Chartered Institute of Arbitrators Nigeria and was an examiner of the Institute and a Certified Mediator. He is also avid writer an author of law books, prominent amongst his publication is a book titled “Jurisdiction of Courts in Nigeria” which is currently a bestseller in Nigeria.

ACTIVE ROLE IN PARTY POLITICS
As a member of All Progressives
Conference, APC, Pedro served as the Legal Director in the Independent Campaign Group (ICG) of the party in 2019 and again in 2023 as the Legal Director in the Independent Campaign Council (ICC) of the party in Lagos State for the election of Tinubu/Shettima and Sanwo-Olu/ Hamzat. He was the immediate past Chairman of the Appeal Panel for the Local Government Primary Election in Lagos State.

RETURN TO BASE
With Pedro’s return to the Lagos State Ministry of Justice as Attorney-General and Commissioner of Justice after eight years of successful adventure to pursue the private practice dream his paused, Lagosians can be rest assured that the right man with the drive to dispense justice and equity to all, is in full charge of the very crucial department of government. As one who was among the team that laid the foundation for the many law reforms and innovations that Lagos State is witnessing today, Pedro is definitely coming to office knowing quite well what he is coming to do. He is a tested and trusted hand and will surely ensure justice for all.

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The Legal Practitioners’ Privileges Committee has released a shortlist of 69 applicants for award of the coveted rank of Senior Advocate of Nigeria (SAN).

The LPPC is now inviting the public to raise possible petitions against any of the shortlisted applicants.

Some of the names on the 69-man shortlist include Folashade Abosede Alli, Abiola Isiaq Oyebanji, Bomo Olakunle Agbebi, 7. Daniel Osinach Uruakpa, Felix Ota Offia, Lawrence Bankole Falade, Kingsley Osabuohein Obamogie amongst others.

According to a notice obtained by CITY LAWYER, the Legal Practitioners’ Privileges Committee (LPPC) by this notice announced the shortlisting of Applicants who qualified after the Advocates 1st and 2nd Filtration Stages, Academic pre-qualification, Academic 2nd filtration Exercise, the Independent Appeals Hearing and Chambers Inspection Exercise.

The final stage of the process will see the LPPC interview the applicants before announcing a final shortlist of awardees for the 2023 conferment exercise.

“All qualified shortlisted Applicants are graded under two-category systems by the Legal Practitioners’ Privileges Committee, namely Advocates and Academic Applicants respectively.

The shortlisted Applicants in the two categories are follows:

SHORTLISTED ADVOCATE APPLICANTS IN ORDER OF SENIORITY AT THE BAR

1 FELIX OTA OFFIA, ESQ

LAWRENCE BANKOLE FALADE, ESQ
KINGSLEY OSABUOHEIN OBAMOGIE, ESQ
FOLASHADE ABOSEDE ALLI, ESQ
ABIOLA ISIAQ OYEBANJI, ESQ
BOMO OLAKUNLE AGBEBI, ESQ
DANIEL OSINACH URUAKPA, ESQ
OSELOKA GODWIN OSUIGWE, ESQ
BABATUND E ADEOYE, ESQ
BABSEYI SIGISMUND JOSEPH, ESQ
EMMANUEL MOSES ENOIDEM, ESQ
KEHINDE OLUFEMI AINA, ESQ
NGOZI CHIDO OLEHI, ESQ
AARON CHILEOKWU OKOROMA, ESQ
IBRAHIM DALHATU ANGULU, ESQ
OLAYIWOLA EMMANUE L AFOLABI, ESQ
SULE SHU’AIBU,ESQ
ABIODUN OLANREWAJU OLALERU, ESQ
ALFRED OLUFEMI ATTEH, ESQ
KAZEEM ADEKUNL E SOBALOJU, ESQ
SHEHU WADAABDULLAHI, ESQ
BAMIDELE IBIRONKE OLAWOYE,ESQ
OLUWASEYILAYO AKINKUNMI OJO, ESQ
FUNMI FALANA, ESQ
FELIX TAMARA UDENKE MEFA OKOROTIE, ESQ
OLUWAGBENGA SEUN AJAYI, ESQ
FRIDAY RAMSES AKU ONOJA, ESQ
JOHN AGADA ELACHI, ESQ
BOLA RAZAQ GOLD, ESQ
PAUL KASIMANU WAMAD UEMENE, ESQ
RAFIU OYEYEMI BALOGUN, ESQ
OLUWOLE ALADEDOYE, ESQ
PAUL YN OSOBHASE ABHULIMEN, ESQ
JONATHAN TAIDI GUNU, ESQ
TOCHUKWU JUDE ONYIUKE, ESQ
OLUKAYODE ABRAHAM AJULO, ESQ
CHRISTPHER ADAPAR UMAR , ESQ
CHIBUEZE OGECHI OGBONNA,ESQ
YEMI ADEWALE M’SBAUDEEN ADESINA, ESQ
OMOYEMI LATEEF AKANGBE, ESQ
OLUMIDE AKIN WALE OLUJINMI , ESQ
MUSA ADAMU ALIYU, ESQ
FIDELIS CHUK WUNONYE MBADUGHA, ESQ
ONYEMAECHI CHKWUDI ADIUKWU, ESQ
IKECHUKWU PHILIP ONUOMA, ESQ
YAKUBU PHILEMON, ESQ
JOHNNY UGWUGWAYE AGIM, ESQ
ALIYU LEMU IBRAHIM, ESQ
49 . ISAIAH BOZIMO, ESQ

PRISCA OZOILOESIKE, ESQ
YAHAYA DAN’ASABE DANGANA, ESQ
ADEOLA OLUWASEUN ADEDIPE, ESQ
ADEDAYO SAMUE LADEDEJI, ESQ
CHIKAOSOLU OJUKWU, ESQ
MUSAAHMED ATTAH, ESQ
AYOTUNDE FOLUSO OGUNLEYE, ESO
OLAYEMI BADEWOLE, ESQ
SHORTLISTED ACADEMIC APPLICANTS IN ORDER OF SENIORITY AT THE BAR

PROF. JOHN ALEWO AGBONIKA
PROF. OSY CHUKWU CHUKWUNYERE NWEBO
PROF. NLERUM SUNDAY OKOGBULE
PROF. NNAMDI ONYEKA OBIARAERI
PROF. MOHAMMED LAWAL AHMADU
PROF. NATHANIEL AHAGBUE INEGBEDION
PROF. VIOLET AIGBOKHAEVBO
PROF. BABATUNDE ADETUNJI ONI
PROF. CHIMA JOSEPHAT UBANYIONWU
PROF. GANIYU ADEYEMI OKE
PROF. BENEDICTA LOPEZ DAUDU
PROF. OMONIYI BUKOLA AKINOLA
“The General Public is at liberty to comment on the integrity, reputation, and competence of the above-listed Applicants.

Any complaint(s) presented to the Legal Practitioners’ Privileges Committee must be accompanied by a verifying affidavit deposed to by the author before a Court of Record in Nigeria” the Notice reads.

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• 6 WITNESSES TESTIFY ABOUT SEXUAL HARASSMENT

• VARSITY INVITES NDIFON TO TESTIFY TODAY

The First Lady, Senator Oluremi Tinubu has waded into the sexual harassment case against suspended Dean of Faculty of Law, University of Calabar (UNICAL), Prof. Cyril Ndifon, CITY LAWYER can authoritatively report.

Meanwhile, the Minister for Women Affairs, Mrs. Uju Kennedy Ohanenye has told CITY LAWYER that no less than 10 persons have called to threaten her over the sexual harassment scandal.

Following a two-day sitting by the probe panel set up by the university authorities, no less than six current and former students of the university as well as a UNICAL lecturer have testified that Ndifon sexually harassed them. Twenty-seven witnesses including students and lecturers have appeared before the probe panel, nearly all accusing Ndifon of sexual harassment, marginalisation or financial misfeasance. The panel has invited the embattled Law teacher to testify at 10 o’clock today.

Ohanenye told CITY LAWYER that the First Lady has ordered a thorough investigation into the allegations, adding that the First Lady has also assigned her Special Adviser on Women Affairs to follow through on the matter.

The Women Affairs Minister said she is however being “scandalized” due to her commitment to get to the root of the matter. She stated that her quest to thorughly investigate the matter was being misconstrued, adding: “How can I want the man to go free if he has committed such hideous crime” I only want the truth to prevail especially after hearing from the 3 girls that the VC sent me their numbers.

“I equally sent an official memo to acknowledge the extra one week the VC said they would (need to) round up the investigation and told her to please go on and send the report to me, Minister of Education and to the SA to First Lady on Women.

“I can never as a mother support evil on innocent children, and will take a drastic action if the man is found guilty. Let the truth prevail and let justice be done to put an end to this menace.”

Though Ohanenye told CITY LAWYER that she had also spoken with Ndifon who vowed that there are no specific sexual harassment complaints against him,

Meanwhile, the UNICAL Vice Chancellor of the University, Prof. Florence Banku Obi has told CITY LAWYER that the mandate of the panel remains intact. She stated that she rebuffed the minister’s directive to hands-off the probe, noting that the mandate of the panel goes beyond sexual harassment.

She said that she has approved a two-week extension requested by the panel to conclude its probe, adding: “I told the Honourable Minister that I would send her a comprehensive report. But she cannot give me a deadline to submit the report. The mandate of the panel encompasses both sexual harassment and other academic issues as raised by the protesting students. It is an internal issue of the university. When the panel submits its report, I will submit it to my supervisors. I know the Honourable Minister is interested in the sexual harassment aspect; I will present that aspect of the report to her. We have not foreclosed any aspect of the investigation.”

An online petition seen by CITY LAWYER had accused Ohanenye of tampering with some of the witnesses, even as it urged citizens to call the minister to order.

The petition reads: “Prof. Ndifon saga, Faculty of Law UNICAL: +234 803 801 xxxx. Please let’s feel free to generously call Uju Kennedy, Nigeria’s Minister of women affairs and ask her why she’s interfering in an ongoing panel of investigation to investigate sexual harassment and violation of UNICAL regulations.

“She’s calling young students who testified, intimidating them and offering favours in exchange for SILENCE.”

In an audio tape made available to CITY LAWYER, the Women Affairs Minister was alleged to have told a survivor that “If your VC makes you go and lie against somebody you will go to jail. Trust me, I personally will put you in jail. I want you to be very careful because your future is at stake.”

The minister however told CITY LAWYER that the allegation of interference is false, saying: “What I want here is justice. I do not know him. I even had to send him a text message to introduce myself when initially he didn’t pick my call.

“I did not want to take the issues on face value. Prof. Ndifon told me that nobody has accused him of rape or sexual assault. I then asked the Vice Chancellor to provide me with contacts of the alleged survivors. I spoke with three of them and none admitted that they were raped or sexually assaulted.

“When I confronted the Vice Chancellor with their testimonies, she said they were now focusing on academic fraud. I have taken up the matter with the Education Minister. Prof. Ndifon has asked us to send him a formal letter and he would come and testify. I remain unshaken. We will get to the root of all this to see that justice is done.”

CITY LAWYER recalls that the embattled Law teacher has since dragged the university to court, alleging a witch-hunt by the Vice Chancellor. He urged the court to reinstate him to his deanship position.

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The Nigerian Bar Association (NBA) just finished its 63rd yearly general conference and issued excellent resolutions in its communiqué about national harmony, security, economy, and rule of law. But behind that lies a fetor of disunity among its national executive officers that pre-dates the current leadership and showing no signs of abating, writes JOSEPH ONYEKWERE.

That there is disunity among the NBA national officers is not a secret, but how and when such visible disagreements will end for members of the noble profession, is perhaps the conundrum waiting to be disentangled.

As disclosed by the President of the NBA, Yakubu Maikyau during its general meeting in Abuja, at the heart of the imbroglio is the quest to access the funds of the association by some of the executives who believe that getting elected into national office is an opportunity to enjoy free funds.

During the tenure of Paul Usoro (SAN), he had open disagreement with the General Secretary, Mr Jonathan Taidi, who accused him of an attempt to “fleece” the association millions of naira, saying that he “blocked” the alleged scam. Some of the executive members backed him, but Usoro vehemently denied any wrongdoing.

Also, in the time of the immediate past president, Olumide Akpata, the General Secretary, Joyce Oduah took him on. When it festered, the NBA suspended her on grounds of gross misconduct. The suspension came after an emergency meeting was held by the National Executive Committee (NEC) of the Association. She challenged the suspension in court and was restored.

Earlier between 2012 and 2014 during the tenure of Joseph Daudu (SAN), the treasurer at that time, Mrs Funke Oluyede also had some bouts with him.
All those are beside the electoral conflict that has perpetually dogged the association and threatened to disintegrate it, such that the Nigerian Law Society (NLS), whose principal officers are senior members of the NBA, now exists.

Yet again, national officers last two weeks, expressed discontentment over the leadership of Maikyau, whom they accused of lack of transparency in the management of the affairs of the Association. Those who are unhappy are national treasurer, Mrs Caroline Ladidi Anze-Bishop; 2nd Vice President, Mr. Clement Ugo and the 3rd Vice President, Mrs Amanda Demechi-Asagba.

Firing the first shot, Mrs Anze-Bishop, who refused to endorse the audited account of the Association, said: “The report was prepared without my knowledge or involvement in anything. I have complained severally on August 15, 2023 at the National Executive Committee meeting in the presence of every national officer.

“The president said he does not require the consent of my office to run the financial affairs of this association in an exco meeting. Therefore, if that is the path he has decided to follow, respectfully, I am not the fit and proper person to stand before you and sign any financial document or stand here and give you a financial report.

“The NBA treasurer is not a member of the finance committee, stabilisation fund committee or any committee that has to do with the finances of the organisation. How then can I carry out my job?”

Continuing, she stated that financial memos were not passed through her office, but through the general secretary for presidential approval. The treasurer said it does not align with her conscience to endorse the financial report because she was never involved or informed about how they were arrived at, adding that the figures were unknown to her.

“I will not disrespect you by standing here to give you unknown figures because I do not know the true financial position of this association,” she declared.

Similarly, 2nd Vice President complained of being sidelined, while the 3rd Vice President asserted that decisions are being made without collective input.

In his response, the NBA president fires back, accusing the officers of intending to rip-off the association, adding that their intention was to put him at odds with his colleagues for simply blocking them from frittering away lawyers’ funds.

Maikyau, said that 3rd vice president and others expected him to pay from the Association’s money for two weeks stay at a hotel after the conclusion of a press briefing attended by national officers, but he simply objected to it.

“I know what it means for lawyers in rural areas to put together their bar practicing fee and after we have been elected for two years, the Association will now be fending for national officers,” he said, adding that he did not embezzle NBA money.”

Maikyau said some national officers sent him messages about going for the International Bar Association (IBA) conference in France and wanted him to pay for their membership, registration and other expenses but he declined. He presented a memo of the expenses the Association would have incurred had he approved the requests, which is N79, 710, 820 million.

According to him, he pays from his pocket to honour courtesy calls by public officers, even when he attends such with his aides. In addition, Maikyau said he also declined to give out loans to secretariat staffs who are in need but prefer to give from his personal funds.

“Financial reports that the treasurer has refused to sign is not prepared by me, but auditors. If there is any reason we have degenerated to this point, it is because of my respect for NBA funds,” he said, adding that some members of the executive have not forgiven him for refusing to share N40 million, which is part of the N50 million he received from undisclosed donor, in the name of the association unknown to any of them, but later informed them about it after deducting N10 million expenses incurred by officers during NEC meeting in Kebbi State.

Maikyau insisted that he would never approve money for any frivolous journey or hotel expenses in the name of the NBA. “If you are an elected national officer, you don’t live off the association. Go and do your work, when you are needed, you come and serve the Association.

“Volenti non fit injuria (to a willing person, it is not a wrong). You are the one that signed on to serve, so don’t complain that you don’t have time for your work.

“Some of the national officers including the 3rd vice stayed two weeks in a hotel paid from the bar practicing fee and also given per diem of N30,000 every day for the period that she stayed behind, and wanted me to pay, I said I will not pay,” he declared.

Vocal lawyer, Olajide Abiodun, said the internal wranglings have become a source of concern to lawyers, as they threaten the association’s unity, effectiveness, and reputation.

To address these issues, he said, it is crucial for the NBA to consider reforms that balance power, establish transparent governance processes, and promote collaboration among executive committee members.

“Only by addressing these challenges head-on can the NBA continue to fulfill its vital role in the legal community and society at large,” he said.
According to him, one of the key issues contributing to these disputes is the significant power vested in the office of the NBA President.

The President, he noted, wields considerable authority, which, if not managed effectively, can lead to a perception of authoritarianism and exclusion of other executive committee members. His words: “Calls for reform have emphasised the need to balance the powers of the President with checks and balances to prevent potential abuse.

“Recent incidents, such as the Treasurer’s revelation of her duties being taken over, underscore the dissatisfaction among executive committee members. These conflicts extend beyond financial matters, revealing deeper issues related to decision-making processes, authority distribution, and teamwork within the NBA leadership.

“While the accusations against the NBA President don’t directly involve financial misappropriation, they raise questions about financial transparency and accountability. The lack of clarity regarding the association’s financial status adds complexity to the ongoing disputes.

“It’s imperative for the NBA to establish clear financial processes and ensure that financial reports are accessible to all executive committee members.”

Abiodun warned that the recurring internal wranglings have the potential to tarnish the Association’s reputation because lawyers and members of the legal community expect the NBA to exemplify professionalism and sound governance.

“Prolonged disputes and power struggles can erode public trust and confidence in the organisation, affecting its ability to advocate effectively for legal matters and serve its members,” he declared.

For former NBA chairman, Ikorodu branch, Adebayo Akinlade, the squabbles have been there for many years, and it shows that the NBA can no longer keep the structures that it currently has.

Lawyers, he said, should not be driving the administrative aspect of the association, but should be left to professional administrators where the lawyers are elected to oversee the job.

According to him, the NBA is too big for nine lawyers to run the whole administrative process, adding that it has become imperative to allow other law societies to exist.

“NBA has outlived its time because when it was created, it has probably less than 500 lawyers and now we have almost a million lawyers and the association can no longer hold the space of legal parties and the profession in entirety.

For Abdulaziz Chuba Ogbui, a lawyer, the NBA cannot effectively play its role of checking excesses of government and powerful people against the downtrodden if its divided due to in- fighting.

“They should close ranks not just for the Association’s interests but for the society, especially the ordinary people who look up to them as their voice. The opinion of the NBA on any burning issue is usually weighty and government does not take such views for granted,” he stressed.

Pointing out the reason for the brawl, Lagos based lawyer, Wahab Abdulah said majority of the executive members have their own political groups or camp which form the basis of which they campaigned and win election.

He argued that the moment a member of a team wins an election and another team or their members fail, those who are in majority, particularly, the office of the president will harbour some ill feelings among themselves. Abdulah noted that money and personal ego, oftentimes contribute to the endless crisis.

Human rights lawyer, Toluwani Adebiyi stated that the defence put up by Maikyau was an eye opener to the shameful fact that 99 per cent of public office seekers in Nigeria are not seeking office to serve or make sacrifices, but with eyes on public money to embezzle and indulge in other calculated self-interests.

“On the President’s decision to spend his personal money in undertaking or carrying out official responsibilities, Chief Obafemi Awolowo did something familiar as Premier of Western Region by riding in his own personal car, living in his personal house and maintaining them while in office with his personal resources.

“He didn’t receive furniture allowance, no killing of two cows per day with government money, no going to government organised parties with girlfriends branded as PA’s and compensated from government purse, but what we have today, is a complete reverse of such uncommon sacrificial and selfless service.

“On the other hand, if other executive members decide not to spend personal money to execute official responsibilities approved by the Association, they have not committed any sin, because not everybody can be like Awolowo,” advised.

He called for prudence in the management of the Association’s funds, adding that the undue advantage and excessiveness of executives mentioned by the President is a direct reflection of the decadence of the present-day society.

“It is quite unfortunate that Maikyau finds himself among strange beings, with different thinking and focus, they cannot work together in the same boat. It is quite sad and unfortunate,” he lamented and commended him for disclosing the N50 million and refusing to share it despite pressures from his executive members.

• Culled from THE GUARDIAN newspaper

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An alleged fake lawyer who was apprehended within the premises of High Court of Lagos State, Epe, Lagos will be arraigned at the Yaba Magistrates Court on Monday.

A news release made available to CITY LAWYER and signed by the Publicity Secretary of the Nigerian Bar Association (NBA), Epe Branch, Mr. Ayo Ademiluyi stated that the arraignment of one Bello Oni Ibrahim earlier scheduled for last Friday was postponed to Monday.

Titled “MEDIA ADVISORY ON PLANNED ARRAIGNMENT OF ARRESTED FAKE LAWYER IN HIGH COURT, EPE TOMORROW, FRIDAY, 8TH SEPTEMBER, 2023 AT YABA MAGISTRATE COURT,” the earlier statement added that “Mr. Omotayo Omosehin, the Chairman, Nigerian Bar Association, Epe Branch was at the State Criminal Investigation and Intelligence Department (SCIID) yesterday (6/9/2023) to interface with the Deputy Commissioner, who confirmed to him that the Police has concluded its investigation, and the suspect would be arraigned at the Yaba Magistrate Court tomorrow (8/9/2023) for prosecution.

“The Nigerian Bar Association, Epe Branch will be there to watch brief for the Bar and we look forward to your esteemed presence.”

The matter is being handled by the State Criminal Investigation and Intelligence Department (SCIID).

The latest statement reads:

RE: MEDIA ADVISORY

PLANNED ARRAIGNMENT OF ARRESTED FAKE LAWYER IN HIGH COURT, EPE RESCHEDULED TO MONDAY, 11TH SEPTEMBER, 2023

The planned arraignment of a fake lawyer, by name, Bello Oni Ibrahim arrested within the premises of the High Court, Epe has been rescheduled to Monday, 11th September, 2023 at the Yaba Magistrate Court by the State Criminal Investigation and Intelligence Department (SCIID), Panti, Yaba, Lagos State.

Signed
AYO ADEMILUYI ESQ.,
Publicity Secretary, Nigerian Bar Association, Epe Branch
For: Nigerian Bar Association, Epe Branch

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The Tinubu Presidential Legal Team (TPLT) has offered explanations over its watermark on the widely circulated copies of the judgement of the Presidential Election Petition Court (PEPC).

The matter has been trending on “X” (formerly Twitter) with “TPLT” as hashtag.

But a statement by TPLT Coordinator Babatunde Ogala (SAN) said there was nothing untoward about the watermark.

It debunked insinuations that the watermark is evidence that the judgment was written by the team, saying that “Counsel to the petitioners will also appreciate the fact that the insinuations being circulated in some quarters are untrue, unkind, unfair, and unfortunate, as they have the same certified copies of the judgment as we have.”

Below is the full text of the statement.

“Following some mischievous insinuations being made in certain quarters regarding the innocuous water-mark of copies of the consolidated judgment of the Court of Appeal with the inscription -“Tinubu Presidential Legal Team ‘TPLT’”, it has become necessary to offer this clarification.

“After the delivery of judgment in the 3 (Three) election petitions by the Court of Appeal on September 6, 2023, the Court directed its registry to make physical copies of same available on September 7, 2023.

“Accordingly, the Tinubu Presidential Legal Team applied for a certified true copy of the said judgment and paid the prescribed fee.
Lawyers for PDP were present at the registry at the same time to collect the same judgment.

“In fact, the representative of the PDP collected the first copy that was made available by the registry.

“On collecting our own copy, we immediately scanned and water-marked with the inscription – “Tinubu Presidential Legal Team ‘TPLT’” before circulating the scanned soft copies to the lawyers in our team.

“The certified true copies issued to us and other parties in the petitions by the registry do not contain the said inscription and any insinuation to the contrary is untrue.

“Counsel to the petitioners will also appreciate the fact that the insinuations being circulated in some quarters are untrue, unkind, unfair, and unfortunate, as they have the same certified copies of the judgment as we have.”

Babatunde OGALA, SAN; OFR.
Coordinator, TPLT

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The Publicity Secretary of the Nigerian Bar Association (NBA), Mr. Habeeb Akorede Lawal has distanced himself from allegations of sleaze made against National Officers by NBA President, Mr. Yakubu Maikyau SAN at the recent NBA Annual General Meeting.

CITY LAWYER recalls that Maikyau had lampooned National Officers, saying that their grouse against him was hinged on their quest to fleece the assocaition of its hard-earned money.

But in an unprecedented rebuttal made available to CITY LAWYER, Lawal stated that Maikyau’s defence against allegations made by some National Officers tarred all the officers with the same brush, adding: “I have watched the video of the President’s referenced comments at the AGM over and over again and it will simply suffice to state unequivocally that I am well groomed and I am not a thief.”

He stated that he has had to refund N2.635 million “mistakenly transferred to me on 31/1/2023,” adding that “mistakenly transferred to me on 31/1/2023.”

The full text of the “disclaimer” is below.

ALLEGATIONS OF NBA PRESIDENT AGAINST NATIONAL OFFICERS AT THE 2023 NBA ANNUAL GENERAL MEETING: A PERSONAL REBUTTAL

Distinguished Colleagues,

I begin by stating that I have enjoyed a good working and personal relationship with the President of the Nigerian Bar Association (NBA), Mr. Yakubu Chonoko Maikyau, OON, SAN.

Every day, I see him working hard and sincerely doing all he can for the betterment of the NBA, its members, and the legal profession in Nigeria.

However, for the sake of posterity and my personal integrity, it has become pertinent for me to address some concerns that emerged from the President’s remarks during the course of the recent Annual General Meeting (AGM) of the NBA which held on 31/8/2023.

In reacting to some allusions contained in the reports of the 2nd Vice President, 3rd Vice President and Treasurer, the NBA President had stated that the grouse of the said National Officers stemmed from the fact that he refused to misappropriate the Bar Practicing Fees paid by members by spending same on National Officers.

While I do not believe that it was the intention of the NBA President to particularly demean my person or bring me to disrepute as a National Officer of the NBA, Mr. President’s remarks in the heat of the moment portrayed ALL national officers in the same negative light, without exception.

First, the NBA President stated that National Officers stayed over time in hotels in Abuja, thereby incurring unnecessary expenses on the account of the NBA.

Secondly, he stated that National Officers at a meeting attempted to share a Fifty Million Naira (N50,000,000.00) donation for a meeting of the National Executive Council which held in Kebbi.

Thirdly, he said that National Officers wanted him to sponsor them to the International Bar Association (IBA) Conference at huge cost to the NBA.

These are weighty allegations of corruption and gross abuse of office.

I, Akorede Habeeb Lawal, refute these allegations in so far as they concern my person and my office as the NBA Publicity Secretary.

With all sense of responsibility and humility, if anything, I have been prudent and transparent in all my dealings as far as my official roles are concerned. I will explain further.

(a.) Refunds of NBA Money by me:

I see this office as a privilege that cannot be indirectly or willingly abused. The President did mention that over Fifty Million Naira (N50,000,000.00) has been spent on National Officers since the inception of this administration. I, however, wish to place on record that I have neither applied for nor received any amount from the NBA except my flight fares and per diem (when I am on official duties – which were infrequent), and these are as determined by the Accounting Department of the NBA. Instead, on two different occasions since the inception of this administration, I have called attention to some monies I believe were wrongly sent to me, and I accordingly returned same to the NBA purse.

The first was the sum of Two Million, Six Hundred and Thirty-Five Thousand Naira (N2,635,000.00) which was mistakenly transferred to me on 31/1/2023.

Without any prompting, I called the Accounting Department’s attention to this. Upon a check, the Department realised the error, and I accordingly returned the fund to the NBA’s Admin Account on 3/2/2023. The receipts are attached in the PDF Copy below.

The second instance had to do with the sum of Two Hundred and Ninety Thousand Naira (N290,000.00) which I received on 14/7/2023 as supposed out-of-pocket expenses (to cover flight and accommodation) for the attendance of the NBA Section on Public Interest and Development Law (SPIDEL) conference. The NBA President had posited before the conference that National Officers ought not to be sponsored for such conferences with NBA funds. I, therefore, attended the conference without expectation of any sponsorship. At about the time the SPIDEL conference held in Ikeja, Lagos, I was handling some election petitions before the Election Tribunal sitting in Ikeja, Lagos. My clients had for that purpose availed me accommodation and logistics for appearance at the Tribunal. I therefore incurred no out-of-pocket expenses that the NBA had to pay for. I called the attention of the General Secretary to these facts, and I requested that a mail be sent to me requesting a refund of the said sum. I accordingly refunded the sum of Two Hundred and Ninety Thousand Naira (N290,000.00) to the NBA’s coffers. The mail thread is also attached in the PDF copy.

(b.) Allegation of Overstaying in Hotels:
This concern was raised by the NBA President in one of the earlier meetings of the National Executives, when he complained about some National Officers (not including me) who had over stayed in hotels. To that extent, the NBA President directed the Secretariat to develop an accommodation request web form that must be completed and approved by him before a National Officer would be accommodated on the account of the NBA.

Since the introduction of this form, I, Akorede Habeeb Lawal, have been dutiful in completing same upon receiving the form via Whatsapp from the designated NBA Staff. I would seek and obtain the NBA President’s permission through this form before I embark on any official duty. These records are readily available at the NBA Secretariat. The latest of such dutiful consideration by me was sometime in August, 2023. Attached to the PDF copy is the screenshot of my latest Whatsapp interaction with the designated NBA Staff in this regard.

(c.) Allegation of attempts to share N50,000,000.00 Donation:
The NBA President also stated at the AGM that National Officers at a meeting [while he was away from the meeting] agreed and informed him upon his return of their suggestion to share a certain Fifty Million Naira (N50,000,000.00) donation for the NEC Meeting held in Kebbi. The said National Officers’ meeting held on 15/8/2023. Every other person was physically present at the meeting, except me, as I was constrained to join virtually. However, due to the fallibility of network, I was not available and present all through the meeting.

I therefore wish to categorically state that I was not present at the material time that the said suggestion was allegedly made. My only participation at the meeting in the President’s absence was to clarify to the Assistant General Secretary (who took minutes) my suggestion at an earlier meeting that election of National Officers should probably be limited to only the offices of the President and General Secretary, since the President would often complain of the expenses the NBA incurs on logistics for National Officers and some National Officers would also complain of not being carried along in the administration.

I only got wind of facts relating to the sharing of the Fifty Million Naira (N50,000,000.00) donation when the President mentioned upon his return to the meeting (and I rejoined the meeting virtually) that he would not be sharing the Fifty Million Naira (N50,000,000.00) with and amongst National Officers. For emphasis, I never requested or suggested at any time that any amount belonging to the NBA be shared amongst its officers. I have no reason to do this. The minutes of this meeting is a verifiable evidence of this fact.

(d.) Allegation of requesting for NBA Sponsorship to the International Bar Association (IBA) Conference
The NBA President further stated in his remarks that National Officers sent him messages requesting for sponsorship to the IBA Conference. I wish to place it on record that, I, Akorede Habeeb Lawal, did not send the NBA President any message requesting or soliciting for sponsorship to the IBA Conference.

Also, until Mr. President’s remarks at the AGM, I was not aware that any memo was prepared and submitted for my participation at the IBA Conference.

In any case, I would not have, in the ordinary circumstance of my personal schedule, been available to travel to France for the conference because I have family engagements outside Nigeria slated for about the same time the conference will be holding.

CONCLUSION
Distinguished colleagues, I have watched the video of the President’s referenced comments at the AGM over and over again and it will simply suffice to state unequivocally that I am well groomed and I am not a thief.

As a National Officer, I may not be stupendously rich, but I am contended and I do not live off the NBA funds. And in asking for your votes, I did not target our Association’s funds. I have no reason to do this as the Almighty God has been kind and gracious to me and my modest law practice.

I will not recount the modest sacrifices that I have made in the course of my service to you, our esteemed members. In fact, I am privileged to make those sacrifices because serving as your Publicity Secretary is one of the greatest honours of my life.

After the pains of the last few days, I have also come to accept this incident as one of the sacrifices of leadership.

I, however, need to make this Disclaimer because of the personal value of true service that I hold dear and to encourage every young persons (sic) that may have second thoughts about making themselves available for service, because of incidents of this nature. I have therefore resolved that this incident will only spur me to rededicate myself to your service for the remainder of my term and I will continue to abide by the oath of office I subscribed to about a year ago when I was sworn in as your Publicity Secretary.

Thank you!

Akorede Habeeb Lawal
National Publicity Secretary

The presidential candidate of the Labour Party, Mr. Peter Obi has asked his team of lawyers to appeal the judgment of the Presidential Election Petition Court (PEPC).

In a statement obtained by CITY LAWYER, Obi said: “Our legal team has already received our firm instruction to file an appeal against the decision. I shall not relent in the quest for justice, not necessarily for myself but indeed for our teeming supporters all over the country whose mandate to us at the polls was regrettably truncated by INEC.”

Below is the full text of the statement.

H. E. MR. PETER GREGORY OBI, PRESIDENTIAL CANDIDATE OF LABOUR PARTY SPEAKS ON THE 2023 PRESIDENTIAL ELECTIONS PETITION COURT (PEPC) JUDGMENT

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The Lagos lawyer who died due to alleged negligence by Evercare Hospital, Lekki, Lagos and the Lagos State University Teaching Hospital (LASUTH) will be buried on Friday, September 15.

The 40-year-old lawyer, Mrs. Ijeoma Chizoma, and her niece were wounded when their car was hit by a somersaulting vehicle around ELF axis in Lekki, Lagos. The six-year-old son of the deceased lawyer narrowly escaped death with head injuries.

According to family sources, the deceased lawyer would be laid to rest on September 15 while Service of Songs holds tomorrow at RCCG, The Place of Enlargement, Lekki, Lagos.

Mrs. Chinwe Chiazor, the elder sister of the deceased, told CITY LAWYER that first responders used a crane to remove her and other occupants from the accidented car. She was rushed to Evercare Hospital in Lekki alongside her niece.

Chiazor said that though the hospital stabilized Chizoma, who is also a member of the Nigerian Bar Association (NBA) Lagos Branch, and did medical investigation which indicated that she needed urgent surgery, it took hours deliberating on payment and refused to perform the surgery without receiving a N10 million fee for both patients.

“The accident happened around 8 pm,” she said. “I would also have been in that car. That I’m alive today is God’s grace. Ijeoma was unconscious and was bleeding internally.

“She was stabilized at Evercare Hospital. They sent for CTI scan and the result came out. They then told us that she needed to be moved into ICU for surgery. I deposited N300,000. They however insisted that we must pay N5 million each for Ijeoma and my niece, and that unless they receive the money, they would not commence the surgery.

“I noticed that my sister’s head was beginning to swell and they told me it was because of internal bleeding, that blood was being sucked into her head.

“I was crying; I was begging them to start the surgery. They asked, ‘What of the N2 million you said you and your husband will transfer?’ I told them that I can transfer N1 million to them immediately while my husband will transfer another N1 million first thing in the morning as he does not operate the banking App. This was around 12 midnight.

“Ijeoma’s company doctor, Dr. Nwogu came around 3 am and assured them that the company would take full responsibility and pay the bill immediately they resume work in the morning. They refused to do the surgery notwithstanding the guarantee given by their professional colleague and the company.

“As promised, the company transferred N10 million to Evercare in the morning. They now jerked the figure up to N30 million! They insisted on the N30 million, or they would do a referral. I do not know whether it was because they felt the company could pay more. They referred us to LASUTH.”

According to Mrs. Chiazor, her sister and niece were in a very bad shape by this time. “Our nightmare did not end with the referral as Ijeoma was not attended to for four hours at LASUTH. They told us that there were no doctors on duty. They wanted to use a fibrator to resuscitate her but had to rely on CPR instead as they said they did not have the equipment.

“My sister was in the ambulance for over four hours without any medical attention. It was only the nurse from the ambulance company that was attending to her until she died. What will I tell her six-year-old son? She fought; she wanted to live for her son!”

Both LASUTH and Evercare Hospital are yet to respond to the claims at press time.

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Following the judgement of the Presidential Election Petition Court (PEPC) headed by Justice Haruna Tsamani, the Big Tent Coalition has rejected the verdict and vowed to “Occupy Nigeria” on September 12.

The group also rejected what it described as President Bola Tinubu’s usurpation of power and its endorsement by the judiciary.

In a statement, the group stated: “We are further alarmed that our electoral commission organised an election with support from organisations who funded them like the European Union, whose election-monitoring reports clearly stated that the election was a farce but was blatantly ignored by a court system that says they did not prove the point. This is anarchy that we are moving toward, and so we are alerting the world that our institutions have failed the people and our nation is on a downward slide to fascism.”

At a consultative meeting of the global leadership of The Big Tent in response to the judgement of the tribunal, it also resolved to mobilise Nigerians “to take their country back.”

It called on all Nigerians everywhere across the globe to come out on Tuesday, September 12 to occupy wherever it is that they choose to occupy to avoid the relapse of the country into fascism.

It stated: “We now know we do not have a judiciary, but we cannot let our country collapse, so Nigerians across board must now arise to take back Nigeria. It is time to use the internet and other resources to mobilise all kinds of groups across the country to get Nigerians of all shades to reject the impending doom and strongly state that we cannot accept this present order. If we say it enough, something will give.

“The Big Tent encourages Nigerians to raise slogans such as SLAVERY IS NOT AN OPTION, AND IF WE DIE, WE DIE, develop mobilisation specific to groups. Nigerians are encouraged to occupy wherever it is they choose to occupy, and emphatically state that we cannot let our country collapse.”

While addressing the leadership of Big Tent, Professor Pat Utomi noted that fascism is targeted terrorism and fascists act like bullies who bully again and again after each success.

According to him, “It’s now happening in our clime, which we first saw with the elections (on February 25) because through bullying, people forced their way and procured results (which was announced on March 1 at 4.10 am). The judiciary has been dead for some time. I participated in a conference of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) about three months ago and I saw former presidents of the NBA repeatedly describing the Nigerian judicial system as a joke. I called for restraint but after today (PEPT judgement), it is clear that even the lawyers know we don’t have a judiciary anymore.”

The founder of Big Tent also stated that “It is now impossible to save Nigeria without a focused resistance otherwise fascism will go from bullying this person to that person. Look at even the media as they have decided that certain media are not welcomed in the presidential villa. So we can only but expect more and more of this, and the only solution is RESISTANCE. There needs to be resistance from the diaspora, resistance from within, resistance from the youth, thought leaders. You cannot build a country on lies, on criminality and expect it to go anywhere.

“The Big Tent is resolute in its determination to champion the cause to take back our country because what is worse is to do nothing, recognising that it is the excuse the usurpers are using to deceive the world that the Nigerian people have moved. We urge the Nigerian people to show that they have not moved on because there are genuine reasons why to accept this status quo is to move to the end of Nigeria. The naked truth is that we are fighting for the soul of Nigeria right now.

“We therefore enjoin all well-meaning Nigerians to join us as we also embark on a massive education of the people, because even as we encourage and mobilise to get on the streets it is important to reach the soul of the people who are getting on the streets to make them understand why they are getting on the streets. Nigeria is already effectively a criminal enterprise because the crop of the present leadership elite involved in making major leadership decisions are persons of questionable character.

“We are also not unmindful that our country is not isolated and can be sucked into what is going on in the continent – the anger of the young people of the continent of Africa. If we do not move in a controlled manner we may end up like Somalia, which is why we should all feel agitated and have the sense of urgency about how we suggest that Nigeria cannot continue like this.

“We encourage the many support groups of the Big Tent, Civil Society Organisations, pressure groups, organised labour, students, young professionals, diaspora communities, to quickly develop clear and lucid arguments to alert the world on what is happening in Nigeria. Groups should as a matter of necessity and enlightened self-interest mobilise and show why it is important to say that our country cannot continue like this on the road to Somalia.

“It is important that the world knows that the people are dealing with the end of their country because they have been pushed to the wall, and are going ahead to do what they think is important to save their country no matter what anybody is saying to them.”

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Life Bencher and former Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN celebrated his 25 years of conferment with the coveted rank of Senior Advocate of Nigeria winning a $600 million lawsuit for his client.

This was heralded by a colloquium and book launch attended by leading lights of the Bar and Bench who joined the senior lawyer to mark the day.

The Court of Appeal delivered its judgment in the appeal filed by J-K Gadzama LLP on behalf of the Honourable Minister of the FCT & Ors. against the decision of the FCT High Court which had held the FCTA liable to pay over $600M with interest to Kohath Property Development Company Limited for alleged breach of contract.

Despite the order of stay of execution pending appeal by the FCT High Court and an appeal against the decision, Kohath had taken steps to commence enforcement of the judgment at the Rivers State High Court, Bori.

The court had granted the garnishee order absolute towards the enforcement of the judgment though there was a pending appeal and an order for stay of execution pending appeal by the same Court that delivered the judgment.

However, the Court of Appeal in its judgment remitted the matter to the FCT High Court to be given an expeditious hearing. The appeal was heard by Hon. Justice O. E. Williams-Dawodu, Hon. Justice U. A. Ogakwu and Hon. Justice J. Y. Tukur.

Meanwhile, the Chairman of the Body of Benchers, retired Justice Mary Peter-Odili has commended Gadzama for his giant strides, saying: “This colloquium and book launch of Chief J.K. Gadzama upon the attainment of 25 years as a senior advocate of Nigeria is an epochal achievement. It is no doubt appropriate that the team is ‘The Nigeria of our dreams: A call to the patriots.’ I say so in light of the prevailing situation in Nigeria as a result of the 2023 general elections which has generated a lot of storms necessitating the conversation we are about to indulge in as there seems to be a move to draw the nation into chaos or conflagration.

“This may be brought about by some individuals and groups who fan the embers of hatred, bigotry, and tribalism and fail to see the possible outcomes of utterances without caution that are being thrown around.”

Although the retired judge accepted that as humans it hurts when one feels cheated in a contest, she added that once a person is declared a winner irrespective of the grievances and shortfalls, such do not justify the destruction of the country.

She added: “I am confident that having such persons here including our chief host, Chief J. K. Gadzama, there is confidence that at the end of the day, a resetting of the mind would take place and we will keep things in perspective in the full knowledge that elections are seasonal and litigation relating thereto of the same vain and so, when the seasons are gone, the court gets back to their natural and regular duties of adjudication regarding the affairs, and rights of all persons irrespective of their status in life.

“J. K. Gadzama SAN has called us to this discussion lest we forget our past, the recent happenings in our country, and the need for a restoration of the ethos and the values for which the founding fathers have set a motion as a guide to all of us young and old irrespective of the positions we occupy in their society, we all have to get our axes together and rebuild our nation.”

The colloquium and book launch were hosted by the Minister of Education, Prof. Tahir Mamman, SAN and attended by Justice Mary Peter-Odili who was the Chairperson of the occasion; Chief Wole Olanipekun SAN, the Guest Speaker; Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN (Special Guest of Honour). Others are His Royal Highness Shehu of Borno, Abubakar Ibn Umar Garbai Al-Amin El-Kanemi; His Imperial Majesty, Deji of Akure Kingdom, Oba (Dr.) Aladetoyin O. Aladelusi;  His Royal Highness, Emir of Uba, Alhaji Aliyu Ibn Ismaila Mamza II; Labour Minister, His Excellency, Simon Lalong, and the former Governor of Adamawa State, His Excellency Bala James Nggilari.

Others are former Governor of Bauchi State, Mohammed Abdullahi Abubakar, SAN; former Minister of the Federal Capital Territory, Abuja, Arch. Ibrahim Bunu; Chief Adegboyega Awomolo SAN and his wife, Victoria Awomolo SAN; the 2nd Vice President of the Nigerian Bar Association, Clement Chukwu Emeka (Democrat); NBA General Secretary, Mr. Adesina Adegbite; immediate past Chairman of NBA-SPIDEL, Dr. Monday Ubani; pioneer NBA-SPIDEL Secretary, Mr. Victor Nwakasi, and Chief C. P. Oli among others.

In his speech, the Guest Speaker said: “I have known the celebrant for quite a long; he is one of the few to have achieved this feat in the legal profession and I cannot say for once when he disrespected me or has shown discourtesy to any member of the legal profession. He is patient, humble and lifted of the Lord. That is J-K, and that is what his name means to me.”

Midway into the event, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN unveiled the books titled “J-K Through the Cases” and “Compendium of Articles in Honour of J-K Gadzama, SAN”. He noted that the books are resources not only for now but also for future generations.

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President Bola Tinubu has approved the reinstatement of the boards of three public institutions under the Federal Ministry of Justice, reversing an earlier Presidential directive which dissolved the boards of Federal Government parastatals, agencies, institutions and government-owned companies.

This is sequel to a request for exemption of the boards of some statutory agencies under the supervision of the Federal Ministry of Justice.

In a letter sighted by CITY LAWYER and dated 4th September, 2023, the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mrs. Beatrice Jedy-Agba stated that President Tinubu granted exemption to the boards of Council of Legal Education (CLE), National Human Rights Commission (NHRC) and Nigerian Institute of Advanced Legal Studies (NIALS).

Signed by the Solicitor-General, the letter was directed to the office the Secretary to the Government of the Federation and copied to all the chief executives of the three institutions.

Justice sector stakeholders had poked holes in the dissolution of the boards. It was noted that the NHRC governing council led by Dr. Salamatu Husseini went through Senate screening and confirmation in June 2021, even as it was almost midway through its tenure.

While stakeholders had queried the dissolution of the NIALS board traditionally headed by an incumbent Chief Justice of Nigeria, it was also argued that the Council of Legal Education board was dominated by non-Federal Government institutional representatives comprising the 36 State Attorneys-General, 16 representatives of the Nigerian Bar Association (NBA) and a Dean of an accredited Faculty of Law. The Federal Government has only five representatives as members of the council, namely the Chairman, Director-General of the Nigerian Law School, and three persons appointed by the Attorney-General of the Federation.

The recall of the Chief Emeka Ngige SAN-led Council which was inaugurated by the immediate past administration on 15th May, 2023 for another 4 -year tenure also became urgent due to pressing tasks including impending approval of Bar Final Resit results and subsequent Call to Bar ceremonies of successful students slated for the 10th and 11th October, 2023.

It will be recalled that President Tinubu had on 21st June, 2023 exempted the National Drug Law Enforcement Agency (NDLEA) and National Agency for Food and Drug Administration and Control (NAFDAC) from the list of dissolved boards of Federal Government parastatals, agencies, institutions and government-owned companies.

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CITY LAWYER AGENDA FOR JUSTICE SECTOR REFORM SERIES

Nigeria’s justice sector is beset by a myriad of challenges ranging from delay in administration of justice to heavy dockets that confront increasingly overworked judicial officers.

Other issues include lack of judicial autonomy and inadequate resources, poor investigation, overhang in the awaiting trial population and low level of adoption of technology and innovation, to name a few.

Against the backdrop of these longstanding challenges and the swearing-in of a new Attorney General and Minister of Justice, CITY LAWYER asked eminent Bar Leaders and justice sector stakeholders to plot a blueprint on the priorities to be tackled by the new Chief Law Officer.

MR. ETIGWE UWA SAN has an established reputation as an authority in Nigerian aviation law. He was Lead Counsel responsible for drafting the Civil Aviation Act and the subsequent declarations made by Nigeria in pursuance of the Cape Town Convention. He has an established reputation as an authority in Nigerian aviation law and was lead counsel responsible for drafting the Civil Aviation Act and the subsequent declarations made by Nigeria in pursuance of the Cape Town Convention. He has also represented various clients in several notable dispute resolution transactions.

THE BLUEPRINT

• The Attorney General and Minister of Justice needs to focus on restoring faith in the justice delivery system. Judicial officers are grossly under remunerated. He needs to work to ensure there is real financial autonomy for the judiciary and that judges welfare is prioritized.

• He needs to enforce the rule of law and observe zero tolerance for disobedience to court orders.

• The appointment process for judicial officers has to be completely overhauled. A merit based system which reduces to the barest minimum the observance of federal character in respect of appellate court appointments so that any judge who makes it to the High Court of his state should compete on a level playing field for appointment to the Court of Appeal and Supreme Court using merit based selection criteria and processes.

• The law enforcement and prosecution powers should not be concentrated in one agency or authority. He needs to champion the respect for human rights and focus on recommending executive bills which if passed into law would promote business and foreign investment.

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