NLS, DSN ASK NASS TO SET UP LEGAL AID FUND

NEW RELEASE

The Nigerian Law Society (NLS) and law based civil society group, Duty Solicitors Network (DSN) has called on the National Assembly to make provision for the funding of legal aid for the poor in Nigeria.

In the same vein, the two groups also call on the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN to ensure the establishment of the legal aid fund that will cater for the poor in the society.

In their joint statement signed by spokesperson, Bayo Akinlade, the two groups said that “it is the duty of the National Assembly to set aside funds for the provision of Legal Aid to deserving citizens”, adding that they are ready to fight for what is due to the people and to ensure access to justice.

They stated further:

“With the level of injustice and abuse of power in Nigeria today, many are suffering and do not have access to justice through the courts. This situation has made the poor utterly helpless and even more vulnerable leading to an increase in crime within our communities;

The Courts being the last hope of the common man has become an illusion, nobody believes this anymore hence the new phrase “go to court” if you feel aggrieved because we know you may not even get through its gates talk less of walking within its corridors;

I ask: is this new administration really ready to empower the people as it promises? Is the National Assembly serious about letting the “poor breathe”? Is the Attorney General of the Federation going to live up to his reputation as a man of honour and a protector of the weak? Then let me remind them of what the Law says;

The Legal Aid Act 2011, in line with international standards, provides for the establishment of the legal aid and access to justice fund into which financial assistance would be made available to the Legal Aid Council of Nigeria (LACON) on behalf of the indigent citizens to prosecute their claims in accordance with the Constitution and further to empower the existing Legal Aid Council to be responsible for the operation of a scheme for the grant of legal aid and access to justice in certain matters or proceedings to persons with inadequate resources in accordance with the provision of this Act. (See Part 3 of the Legal Act 2011);

The mandate of the Legal Aid Council of Nigeria is enormous and robust. Established to serve more than 80% of Nigerians living in poverty but guess what? The Council cannot do this job effectively and why? Because it has no funds! There are States in Nigeria for instance that have less than five LACON staff yet they are to serve the legal needs of millions of indigent citizens;

What is the House of Representatives doing, what are our Senators doing that they cannot earmark funds to the Legal Aid Fund that will be used to provide probono legal services to their own constituencies? Why are they focused on palliatives that have no lasting value? Why cant they give our people access to justice by adequately funding and supporting our Justice delivery sector;

The Legal Aid Council of Nigeria is no doubt well placed to deliver justice to the people and it is this belief that the Nigerian Law Society in collaboration with Duty Solicitors Network will initiate a campaign to establish this legal aid fund;

We therefore appeal to our leaders and especially to the Attorney General of the Federation, Prince Lateef Fagbemi SAN to ensure that the Legal Aid Fund is set up and running. We also appeal to well-meaning Nigerians and other Human Rights groups to demand that the Legal Aid Fund is activated and utilized”.

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NBA DELIVERS MEDICAL AID TO 2000 PATIENTS

NEWS RELEASE

UPDATE ON NBA MEDICAL OUTREACH IN PARTNERSHIP WITH KEBBI STATE GOVERNMENT AND GARKI HOSPITAL

Esteemed Legal Professionals and Honored Members of the Bar,

We are nearing the conclusion of the medical outreach program, a collaborative effort between the Nigerian Bar Association, led by President Y. C. Maikyau, OON, SAN, and overseen by the National Welfare Committee, under the guidance of Emeka Ozoani, SAN. We are delighted to report that we have provided assistance to over 2000 individuals, including performing more than 120 major and minor surgeries, dispensing various medications, and conducting essential tests, all without any cost to the beneficiaries.

Notably, our medical team graciously facilitated the delivery of a set of twins for one of the beneficiaries, free of charge.

The medical outreach is scheduled to conclude on the 7th of September, 2023, with our aim to extend support to an additional 1500 beneficiaries.

Henry Barnabas Ehi, MICA
Head of Media/Publicity Subcommittee
NBA National Welfare Committee

‘WHY I WANT TO SUE LAWYER OVER N4OM CLAIM,’ BY ADEGBITE

  • SAYS MAIKYAU ONLY TOLD HIM ABOUT ANONYMOUS DONATION

Nigerian Bar Association (NBA) General Secretary Adesina Adegbite has debunked a claim that he was given N40 million by NBA President Yakubu Maikyau SAN to lodge into NBA account.

A senior lawyer and Bar activist Echika Ejido had asserted in a statement made available to CITY LAWYER that Maikyau “received N50 million gift in cash on behalf of the Association and gave N40 million to the General Secretary to deposit for the Association after deducting N10 million which he incurred within that time.”

But Adegbite vowed that the claim “is not only misleading, it is indeed mischievous, malicious and embarrassing.”

Below is the full text of the rebuttal by Adegbite.

RE: NBA LEADERSHIP BROUHAHA: A REJOINDER TO MAZI ECHIKA’S FALLACY

My attention was drawn late in the evening of Monday, 4th September, 2023 to a publication by Mazi Echika Esq, a legal practitioner based in Abuja. In the said pupublication which was widely circulated on several WhatsApp platforms and other social media platforms, Echika without making efforts to get his facts right, stated that the NBA President gave the General Secretary the sum of N40m to deposit into NBA account. This fallacious account of Echika is not only misleading, it is indeed mischievous, malicious and embarrassing.

To clear the air and deflate the falsehood that Echika’s write up appears to have promoted as countless members of the Association including Senior Advocates of Nigeria have been calling me to confirm the story, it is imperative that I emphatically state that the story is absolutely untrue. For the avoidance of doubt, I hereby reproduce the offensive paragraph in Mazi Echika’s publication below:

‘The NBA President also made a shocking revelation of how he received N50Million gift in cash on behalf of the Association and gave N40 million to the General Secretary to deposit for the Association after removing N10 million he incurred within that time.’

To put the record straight, I state unequivocally as follows:

  1. Firstly, the President did not give me the sum of N40m or any sum whatsoever, be it in Naira or foreign currency, to deposit into the NBA account.
  2. Secondly, it is true that the President informed me about the donation he received from an anonymous source, I know nothing about how the money was paid into the NBA account.
  3. Thirdly, the records of the meeting which speaks for itself will reveal that the President never at any point in time in the course of the AGM made such a statement that he gave the General Secretary money to pay into the NBA account.
  4. Fourthly, assuming without conceding that the President made such statement, Echika should provide evidence/transcript of where and when the President made the statement.
  5. Lastly, for clarity of record, it must be stated categorically that I, Adesina Adegbite, the General Secretary of Nigerian Bar Association by the Grace of God and popular mandate of our members, has never and SHALL never demand that any money belonging to the Association be paid to me for reason other than official entitlements and refunds.

May I therefore advise Echika who ordinarily ought to have reached out to me or seek accurate account of what transpired at the AGM before embarking on a voyage of willful misrepresentation, to immediately retract the statement which has caused me unwarranted pains, embarrassment and inconveniences, as I’ve had to deal with hundreds of calls and messages within the last few hours as a result of his erroneous publication.

It is my hope that Echika who ordinarily should be my friend would do the right thing and immediately retract this reckless statement that has caused me undeserved hardship and embarrassment. Failure to do so will certainly leave me with no choice than to resort to instituting an appropriate legal action accordingly.

Adesina Adegbite, FICMC
General Secretary, Nigerian Bar Association

BREAKING: BODY OF BENCHERS DEROBES SENIOR LAWYER

The Body of Benchers has derobed Chief Vincent Okey Udah for professional misconduct.

According to a report by News Band, the Body of Benchers, sitting as the Legal Practitioners Disciplinary Committee (LPDC), delivered its ruling today following a petition by one Chief Maduabuchi Okafor.

The report stated that Udah had earlier been derobed in the United Kingdom for allegation bordering on fraud.

While details of Udah’s infraction remain sketchy, it was gathered that he was absent at today’s hearing.

CITY LAWYER investigation showed that Udah practised in the United Kingdom as “Okey Udah & Co.” and was cited in the case of “The Law Society of England and Wales V Habitable Concepts Ltd & Anor.”

CITY LAWYER notes that this is a developing story.

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TINUBU: ‘WE WILL TELEVISE PETER OBI, ATIKU JUDGMENTS,’ SAYS APPEAL COURT (SEE NOTICE)

The Presidential Election Petition Court (PEPC) will on Wednesday, September 6 deliver judgment on petitions against the declaration of Ahmed Bola Tinubu as the winner of the February 25 presidential election.

The court had reserved judgment after the petitioners – the Peoples Democratic Party and its standard bearer, Atiku Abubakar and Peter Obi and the Labour Party closed their cases in June after calling 40 out of the 150 witnesses earlier listed in their petitions challenging the victory of the All Progressives Congress and the President.

The court also reserved judgment on the petitions filed by the Allied Peoples Movement (APM) against President Tinubu’s declaration as the winner of the election.

The court consolidated the three standing petitions against the victory of the President-elect, Bola Tinubu. The court merged the petitions submitted by the various political parties while giving the pre-hearing report on the petition and presenting the trial schedule.

The petitions are marked: CA/PEPC/05/2023, CA/PEPC/04/2023 and CA/PEPC/03/2023. The court said the move became necessary because the petitions dealt with related issues in the election.

In a public notice obtained by CITY LAWYER and signed by its Chief Registrar Umar M. Bangari, the Court of Appeal – which doubles as the Presidential Election Petition Court – wrote: “The Court of Appeal wishes to inform the General Public that judgment in the following petitions before the Presidential Election Petition Court will be delivered on Wednesday 6th September 2023: CA/PEPC/03/2023 between Mr. Peter Gregory Obi & Anor VS. Independent National Electoral Commission & 3 Ors; CA/PEPC/04/2023 between Allied Peoples Movement VS. Independent National Electoral Commission & 4 Ors; CA/PEPC/05/2023 between Abubakar Atiku & Anor VS. Independent National Electoral Commission & 2 Ors.

“In a bid to promote transparency and openness, these judgments will be televised live by interested Television Stations for the public to follow.

IMPORTANT NOTE: Access to the Court premises will be strictly on accreditation. Only accredited individuals, including Counsel and representatives of Political Parties, will be granted access into the Courtroom. Interested members of the public are advised to watch proceedings from their television sets.

“For accreditation and further inquiries, please contact: Josephine on 08037052260 or Samira on 08164483081.

“We appeal for the maximum cooperation of the General Public to ensure a hitch-free exercise, please.”

At about 4:00 am on March 1, 2023, the Independent National Electoral Commission (INEC) declared Senator Bola Ahmed Tinubu as the winner of the February 25, 2023 presidential poll on the grounds that his party—the All Progressives Congress (APC)—scored the highest votes cast at the poll and that he secured not less than one quarter of the votes cast in each of at least two-thirds of all the states in the Federation and the Federal Capital Territory (FCT) as required by law.

In the results announced on March 1, 2023, Tinubu polled 8,794,726 votes representing 36.61% of the total votes cast at the election to emerge victorious.

Atiku who came second scored 6,984,520 representing 29.07% of the votes cast, while Obi scored 6,101,533 representing 25.40% of the votes cast during the disputed election.

Rabiu Kwankwaso of the NNPP came fourth with 1,496,687 representing 6.40% of the votes cast. Princess Chichi Ojei, the only female presidential candidate in the election was not near the first four as she pooled a lean 25,961 votes.

However, the Obi and Atiku, in their respective cases, are challenging the election on the basis of INEC’s failure to carry out electronic transmission of results from the polling units.

They also contended that Tinubu failed to secure a majority of votes cast in the election and 25 percent of votes cast in the federal capital territory (FCT) which they argued is a constitutional requirement for a candidate to win the election.

Another issue raised by the petitioners is that the APC vice-presidential candidate, Kashim Shettima, had a double nomination both as vice-president and as senatorial candidate for Borno Central.

PROF. NDIFON BREAKS SILENCE, PANEL HEARS ‘SURVIVORS’ TOMORROW

Embattled University of Calabar (UNICAL) Law teacher, Prof. Cyril Ndifon has penned an elaborate statement in response to widespread allegations of sexual assault levied against him by past and present students of the Faculty of Law where he held sway as Dean of Law until recently.

Ndifon has also dragged the university to court, asking for a perpetual injunction to restrain the panel from investigating the allegations against him.

Meanwhile, the 7-member Investigative Panel set up by the university authority to probe sundry allegations against the suspended Dean of Law will begin hearing tomorrow.

Contrary to the claim by Ndifon that he has not been confronted with any petition bordering on sexual assault, the Chairman of the panel and a Professor of Philosophy, Prof. Dorothy Oluwagbemi-Jacob told CITY LAWYER that several sexual assault complaints have been received by the panel following its request for memoranda.

Saying she was “shocked” at the move by Ndifon to stall the probe, Oluwagbemi-Jacob said she had expected the embattled Law teacher to take the opportunity offered by the university to clear his name.

She stated that the panel is merely a “fact-finding panel and not a disciplinary committee,” adding that its mandate is purely investigatory.

According to Jacob, “We will start hearing witnesses tomorrow. The Zoom link is for alleged survivors. Some are not in Nigeria and some are not even in Calabar. The issue of confronting him with the complaints does not arise at this stage. The complaints are being made to the university authority. The alleged survivors are reporting to the university; the students protested to the university. It is when we begin taking witnesses that he will be offered an opportunity to respond to their testimonies. We will hear all parties. There will be no confrontation.”

She declined to state the number of sexual assault complaints already received by the panel, noting however that it would be fair to all parties. Her words: “Nobody has any interest in this matter. Many entities have been granted Observer Status. The Vice President of NBA is an observer; the International Federation of Women Lawyers has a representative; the Police Public Complaints Unit (Gender Section) has a representative. Our work is entirely transparent.”

UNICAL Vice Chancellor, Prof. Obi had told CITY LAWYER in an exclusive interview that Ndifon was recalled after he was accused of raping a 20-year-old student in his office based on a court judgment.

An Abuja based senior lawyer and UNICAL Law graduate, Nelly Idagba told CITY LAWYER in an exclusive interview that she was sexually harassed by Ndifon.

In the statement obtained by CITY LAWYER, Ndifon claimed that he was being hounded by the university’s Vice Chancellor, Prof. Florence Obi. Turning to the allegation of sexual assault, he stated that no specific complaint has been levied against him, adding that Obi has engaged in shopping for witnesses against him.

Below is the full text of his statement.

Unical Law Faculty Sex Allegation Saga: My Side Of The Story – Prof Ndifon

INTRODUCTION

I have watched with passivity how my name and integrity has been tarnished in social, print and electronic media in the past few weeks over a phantom protest that was stage-managed by the Vice Chancellor of the University of Calabar, Professor Florence Banku Obi, her family and cohorts in the Faculty of Law of the university. I have now elected to react to the ugly events.

GENESIS OF THE PROBLEM
The conspiracy to remove me not only as Dean of the Faculty of Law, but also as an academic staff of the university is predicated and informed by the following reasons:

•Unfounded Grievances:
These are grievances by some academic staff in the Faculty of Law, who are over-ambitious to become the Dean by hook or crook, but unable to win any elections for that purpose, those who were asked to return the Faculty’s vehicles in their custody as well as those who complained that they were not being carried along.

•Speakership Tussle
The loss of the Vice Chancellor’s son – Rt. Hon. Hilary Bisong – of the chance of becoming the Speaker of the Cross River State House of Assembly, which the mother apparently is blaming Rt. Hon. (Associate Prof) Jacob Otu Enyia for frustrating his son’s chances and ambition.

•The Promotion of Rt. Hon. (Ass. Prof) Jacob Otu Enyia, KSJI, to Rank of Professor

My insistence at the Central Appointment and Promotion Committee, CAPC, meeting of 2022 held in 2023 that Dr. Jacob Enyia should be promoted to the rank of Professor since he is eligible in accordance with the requirements as stipulated in the university’s Conditions of Service 2014 did not go down well with the Vice Chancellor. She openly told me not to present him before the Appointment and Promotion Committee. However, on the day after this incident, I visited the Vice Chancellor in her office in my bid to change her insistence of not allowing to present Dr. Jacob Enyia. On that occasion she told me that “Dr. Jake needs Speaker not Professorship.” In fact, on the floor of the Appointments and Promotions Committee meeting, a Professor colleague advised that I stay off Boki politics. It is the thinking of some that I will be stumbling block to the investigation of Dr. Otu Enyia since the Vice Chancellor has set up a committee for that purpose.

UNFOLDING EVENTS TO REMOVE ME

•The Vice Chancellor’s Meeting with Academic Staff of the Faculty
Within a period of two months and some days – 30th of May, 2023 to 14th of August, 2023 – the Vice Chancellor held two meetings with the academic staff of the faculty. The meeting of the 30th May, 2023 was held with all academic staff, while that of the 14th August, 2023 was held with Senior Lecturers and Professors on the pretext of resolving administrative issues in the faculty. In both meetings the issue of sexual harassment was never raised and or discussed.

•Vice Chancellor’s Personal Verbal Attack
At both meetings of the 30th May, 2023 and 14th August 2023, I was the primary target of the attack by the Vice Chancellor: She accused me during the 30th May 2023 meeting of not supporting her to become the Vice Chancellor, while in the 14th August 2023 meeting, she accused me of being a cultist and that I was planning to kill her and further alleged that I was colluding and holding nocturnal meetings to remove her from office as the Vice Chancellor. This was said in the open and in the presence of all those who attended the meeting. This outburst surprised me and I pointedly asked her the reason for such false accusation. She simply said she has said what she wanted to say. But I was vehement in my denials.

•Undue and Unwarranted Interference by the Vice Chancellor in the Administration of the Faculty

Since my assumption as Dean after the January 27, 2023 election, the Vice Chancellor has been agitated and quite unfriendly to me. Immediately after the said election, the Vice Chancellor’s, agent in the Faculty, Dr. Micheal Takim Otu, had through unguarded outbursts boasted that he would make the faculty ungovernable and ensure I am removed as Dean. Dr. Micheal Otu has characteristically always boasted of being the Vice Chancellor’s brother and village man; and that the Vice Chancellor will do anything he asks her to do. To corroborate this, there is an audio where Dr. Micheal Otu speaks about his close relationship with the Vice Chancellor and how he intends to “bring me down.”

The undue and unwarranted interference of the Vice Chancellor in the affairs of the faculty has manifested through:

(a) Office allocation – physical displacement of some academic staff to give an office to her village man, Dr. Micheal Otu;
(b) Involvement in assignment of courses (course allocation) to lecturers and included persons, who she had instructed us not to give courses to teach since there were not yet pay-rolled, lecture timetable and appointment of undergraduate project supervisors and allocation of supervisees;
(c) Appointment of course representatives;
(d) Law school admissions and
(e) Direct entry admissions, among others.

•Phantom Protest by Year One Students
This was organized or allowed by the Vice Chancellor in cahoots with her kinsman, one Mr Ben Otu, the LAWSAN President. This made it easy for them – the protesters – to have access to the Vice Chancellor’s block, an impossible task for any protesters in the regime of Prof. Florence Obi. Among the protesters was the Vice Chancellor’s niece, Miss Destiny Omokiti, who lives in the same house with her. The entire episode – a five-minutes show – was to embarrass my person and justify her subsequent actions of removing me from office and duties. It is curious that rather than the Vice Chancellor, the Deputy Vice Chancellor and some of my colleagues – in particular, Prof. Jacob Dada and Prof. Micheal Okom – being surprised by the demonstration, they were seen smiling and recording – videoing – the incident. The protesters were cajoled into the action by the LAWSAN President – who himself has admitted and apologized that the intention and purpose of the protest was not made known to the protesters. There have been many denials from students that this is not a LAWSAN, protest but a lone wolf act of the now suspended LAWSAN President. Many students have confessed that they were not aware of the ‘other purpose’ outside Law Journal, and that they were handed the placards which had other inscriptions by the President at the V.C.’s block as they alighted from the bus that conveyed them. The placards were written by the same person – the sole organizer of the protest – as we can see from the inscriptions, which has the same handwriting. What has the University done to this boy who lied and misled many? Nothing has been done; instead the LAWSAN “President” is being protected. One may wish to ask: Why was the complaint of law journal not brought to me first. What happened to DUE PROCESS?

QUERY AND SUSPENSION

•Query and Reply
On the 15th of August, 2023, I received a query, which was dated 14th of August 2023, the same day we had the meeting in the Vice Chancellor’s office to resolve complaints by my colleagues that I was not carrying them along. The said query, which – apart from the last item pertaining to the protesting students – was borne out of what we discussed and the Vice Chancellor had taken steps to resolve them by promising to set up committees to deal with them. She asked us to go back and work together.

It was to my shock, therefore, that the query, which was full of unnecessary insinuations dealt with one and the same issues which were resolved in the meeting. I was therefore constrained to reply to these allegations – if any – contained therein. I have copies of my query and reply here for your perusal.

•SUSPENSION
I was suspended immediately the authorities received my reply. This decision was clearly rash, hurried and vindictive. The entire process leading to my suspension took only three days – from query, reply and suspension. This is a record in the University of Calabar on matters pertaining to staff discipline. What is more worrisome about the suspension order is its scope. For instance by the suspension letter I am to “stay away from the university premises, except while responding to invitation from the Panel…” This is strange, unknown and vires her powers. This is a form of punishment as if I am a criminal and violates my right and freedom of movement. I am a Nigerian, this apart, my wife and wards are working and schooling/boarding in the university. This affects my family life and access to my family members and my freedom of movement. I am still a staff of the university and I have worked for the most part of my adult life in the university and rose to the rank of Professor; indeed, the Vice Chancellor’s desire for my pound of flesh speaks volumes. It shows someone who is bent on destroying all there is of me – my name, my family, community and state, as well as my marriage. This abuse of power leaves much to be desired.

•The Issue of Sexual Harassment
May I state that as at this moment I am not aware of any complaints of sexual harassment outside the query, which referenced the protest by year-one law students and the placards. I have also not been informed of any such complaints of sexual harassment, either by the Vice Chancellor or any other person. So I am left with this “sole allegation” based on placards by the protesters organized by the VC, some lecturers and LAWSAN President. In fact, in the various presentations at the meeting of 14th August 2023, I was never confronted with any documents or asked any questions respecting the issue, not even by the three students’ representatives, who came to address us. Unfortunately, the students’ representative spent their time abusing lecturers and telling us that the law lecturers were incompetent to teach them. When I protested at this insult, I was told by the VC that the students were not addressing me, but her and that there was nothing wrong with what they said. I was shocked. It was on that day I wept for the Faculty of Law that I have worked so hard to build and move them from the old building to their permanent site – the new edifice – Senator Victor Ndoma -Egba, SAN, Law Complex. However, from information reaching me, the Vice Chancellor has now embarked on the task of shopping for “victims.” She now visits the faculty almost every day begging students, alumni inclusive, to accuse me with a promise to do for them “anything” and “everything,” including providing confidentiality and anonymity if they can just implicate me. This is a simple case of let’s give a dog a bad name in order to hang it. Simply put, if there are no hard facts and evidence, make do with perception. Make the allegation and damn the consequences and people will run with it. This explains the media rounds the Vice Chancellor has been embarking on.

CONCLUSION
My name, family and community have been dragged through the mud. This I must clear. I have already taken some steps to clear my name and integrity at the appropriate quarters. I state very categorically that I am blameless. I am proud of what I have achieved and will not allow my hard earned name to be rubbished.

•Prof. Cyril Ndifon

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VACANCY: LITIGATION LAWYER WANTED IN LAGOS FIRM

A reputable law firm based in central Lagos (TBS axis) requires Legal Practitioners with:

  • 2-3 years post-call experience or
  • 5 years and above post-call experience.

The ideal candidates must possess core litigation experience and should be able to work without supervision.

Candidates with a minimum of Second Class Honours grade are encouraged to apply.

The salary is competitive and in accordance with industry standards.

Interested candidates should send their CV to legaljobs77@gmail.com.

VERY IMPORTANT: Please ensure that the SUBJECT reads “LITIGATION LAWYERS WANTED IN LAGOS FIRM.”

Only shortlisted candidates will be contacted.

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LAND GRAB: ACTIVIST ASKS NBA TO CALL ENUGU GOV TO ORDER

A senior lawyer and human rights activist, Dr. Dorncklaimz Enamhe has urged the Nigerian Bar Association (NBA) to wade into a land grabbing debacle between a retired Assistant Comptroller-General of Nigeria Immigration Service, an alleged land grabber and the Enugu State Government.

Enamhe made the call while speaking at a session at this year’s NBA Annual General Meeting (AGM) which held in Abuja recently. Ironically, Governor Peter Mbah was billed to attend the plenary session on Justice Sector Reforms as a Panelist but was absent.

He decried the demolition of the property of Bar. Okey Ezugwu, a senior lawyer and husband to a sitting judge of the Enugu State High Court, allegedly by one Oke Hyacinth Ayogu, Managing Director of Hymac Real Limited, with the support of Enugu State Government and some Army officers.

Though Ayogu had filed a civil suit asking the court to determine title to the disputed land, Enugu State Governor, Mr. Peter Mbah had directed the Enugu Capital Territory Development Authority (ECTDA) “to demolish every illegal structure encroaching on Plot P/23C at Independence Layout Enugu clearly delineated in in survey plan no. EN(E)658 with beacon nos. C5829, C8012, C29932 and C29933 covering total area of 6602.515 square meter (sic).”

The directive was contained in a letter by the Secretary to Enugu State Government, Prof. Chidiebere Onyia dated July 14, 2023 and addressed to the ECTDA Managing Director and Officer-in-Charge.

It is noteworthy that the directive followed an application by the state government to be joined in the lawsuit brought by Ayogu. The application was granted by the court on 27th January, 2022.

Instructively, in its Statement of Defence, the Enugu State Government denied allocating the land to Ayogu, saying: “In answer to the said paragraph 4 of the statement of claim, the 9th Defendant avers that the Plaintiffs are not in possession of Plot P/23C, Independent Layout, Enugu as neither the Governor of Enugu State nor the 9th Defendant nor any other person having their authority put the plaintiffs in possession of the said plot of land.” The 9th Defendant is the Attorney General of Enugu State.

Speaking on the demolition exercise, Enamhe urged NBA to be “more proactive” in confronting human rights matters, decrying a situation “where a serving judge’s husband’s house was brought down even when he has his allocation and was in court over it.”

Continuing, Enamhe who is also a member of the Governing Council of NBA Section on Public Interest and Development Law (NBA-SPIDEL), said: “It’s extremely saddening that lawyers in Enugu are not speaking up, rather they are coming to the conference to hold brief for their Governor who apparently didn’t ask them to hold brief for them. Moreso, the judge’s husband is also a senior lawyer.”

Decrying impunity and saying that he was also a victim of a similar action, Enamhe said: “I am very bothered about developments in our country. I brought to the NBA a situation where I had a discussion with my former Governor, Professor Ben Ayade and the next call I got was from the police and the DSS.”

When contacted, Ezugwu confirmed the development, saying that Enugu State Government did not give him any reason for the demolition of his property.

His words: “On Monday Hyacinth Ayogu came with soldiers and some officials of ECTDA and brutalized my workers. They equally brutalized me and when I reached out to 82DV of the Nigerian Army I was told that they are not in control of the soldiers that came to my house to brutalize me and my workers. I was confidently told that the soldiers were approved for him (Ayogu) by the Chief of Army Staff.”

“Sensing that the CCTV in my house recorded their brutality they went and carted away all the CCTV and my phones. They flushed everything in the phone before returning it but they are still with my CCTV cameras. After the incident the Secretary to the State Government, Prof Chidiebere Onyia invited all the parties and I showed him all my documents and allocation papers.

“Unfortunately, this morning the Okeh Hyacinth Ayogu rolled out caterpillars and excavators to my house and demolished my property. I am distressed that such impunity could take place in my own State under this administration.”

He wondered why the current administration would seek to “re-establish” an old survey plan over parcels of developed plots of land with all known government approval documents, saying: “It is difficult for me to fathom the conspiracy behind the whole thing. I have my allocation papers and C of O to the property. I have always paid my ground rent. I am a very loyal citizen of the State. The Governor is our father and our brother and I am using this medium to plead with him to take a passionate look at my case. I have tremendous respect for the new administration.”

It has been alleged that the Enugu State Government has permitted Ayogu to commence construction on the disputed property, and that he may have abandoned his lawsuit for determination of title and resorted to self-help with the backing of the Enugu State Government.

* 48-hour ‘Notice’ from Enugu Capital Territory Development Authority

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AFAM OSIGWE HARPS ON SYNERGY AT LAWSAN REUNION

NEWS RELEASE

Mazi Afam Osigwe, SAN Advocates Synergy Between Past and Present for a Brighter Future

-The Speech Highlights the Crucial Role of History in Shaping Tomorrow

Abuja, 2nd September , 2023.

In a compelling Keynote Address at the prestigious LAWSAN Past Leaders Reunion, the Keynote Speaker, Mazi Afam Osigwe SAN delivered an inspiring Keynote speech emphasizing the vital need for synergy between the past and the present to pave the way for a brighter and more prosperous future. The event, attended by esteemed past leaders and distinguished guests, resonated with a powerful message of learning from history to guide the way forward.

During the address, the keynote Speaker whose insights have long been valued in both academic and professional circles, underscored the profound wisdom in acknowledging our past as a foundation upon which we can construct a prosperous future. He eloquently argued that history serves as a treasure trove of lessons, a repository of experiences from which valuable insights can be drawn.

The speech drew attention to the belief that the synergy between the past and the present is where our true potential lies. The past provides the knowledge, the context, and the principles that can guide informed decision-making in the present. In contrast, the present moment is where those historical lessons come to life through innovative strategies and actions. The creative tension between tradition and innovation was portrayed as a driving force behind progress.

The audience, composed of current and former leaders, professionals, and community members, resonated deeply with the call for this synergy. The speech was a reminder that the past and the present are not isolated, but rather interconnected aspects of our shared narrative. It encouraged attendees to embrace the idea of drawing from history while navigating the complexities and seizing the opportunities of today.

The address left a lasting impression, prompting many to reflect on the importance of respecting history while actively shaping the future. It was an invitation to not only honor the legacy of those who have led before but to extend their influence as architects of a brighter tomorrow.

As attendees left the event, they carried with them a renewed sense of purpose and an unwavering optimism for the path ahead. The call for synergy between the past and the present, delivered by the distinguished guest of honor, Mazi Afam Osigwe SAN is sure to leave a lasting impact on the strategies and decisions that will shape the future of the organization and the community it serves.

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SOLAR4ALL: AYO ASALA SAN, FCARB IS OUR ‘STAR CLIENT OF THE WEEK’

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‘NBA AGM INCONCLUSIVE WITHOUT TREASURER’S REPORT,’ SAYS ECHIKA

NBA LEADERSHIP BROUHAHA: There is Something Fundamentally Wrong with Our System and Our Values

“The NBA President also made a shocking revelation of how he received N50 million gift in cash on behalf of the Association and gave N40 million to the General Secretary to deposit for the Association after deducting N10 million which he incurred within that time.”

At the inconclusive Annual General Meeting (AGM) of the Nigerian Bar Association held in MKO Abiola Stadium, the NBA 2nd Vice President Chukwuemeka Clement in his report to AGM, accused the NBA President, YC Maikyau SAN, of making his office redundant and inactive by assigning his traditional roles to Personal Assistants appointed by the President. He asked the AGM to rescue him from the oppressive hands of the President.

The NBA 3rd Vice President, Mandy Asagba in her report accused the NBA President of refusing to enable her office and taking alone, decisions which the whole executive is required to take collectively by law.

The NBA 3rd Vice President told the AGM that the Annual General Conference AGC and the AGM was planned, organised and executed by the President alone without the input of other Executive Committee Members. She also prayed the AGM to rescue her from the President.

The National Treasurer of the NBA Caroline Anze-Bishop shocked the AGM when she revealed that the Financial Report which she was asked to adopt at the AGM was not prepared by her. She had no input, as some other persons enabled by the President have taken over her duties.

This means that the AGM is inconclusive, as the financial status of the Association must be revealed, discussed and approved by the AGM which has the overriding power of the Association.

The NBA President, in his response to these accusations of abuse of office, didn’t deny the accusations but only presented a justification for his actions. According to the NBA President, the officers are fighting him because he refused to approve their request for money they incurred while serving the association and other monies they demanded. The NBA President preached that National Officers must use their personal money to serve the NBA and not expect refunds and incentives for doing a selfless service.

The NBA President also made a shocking revelation of how he received N50 million gift in cash on behalf of the Association and gave N40 million to the General Secretary to deposit for the Association after deducting N10 million which he incurred within that time.

This response by the President logically confirms the accusations of the National Officers that he runs the Association alone and without their input.

How can the NBA President receive 50 million Naira cash without the Knowledge of other National Officers? Is receiving 50 Million Naira cash not against Money Laundering laws? Is there no established financial process within the NBA of receiving and disbursing money? Is there no procurement process within the NBA? What is the role of the NBA Treasurer? So many questions will agitate the mind of an unbiased spectator following the NBA President’s response.

But shockingly, many lawyers don’t care. I see discussions among lawyers about fund misappropriation and the NBA President being frugal with NBA funds. How is that? The accusations are about abuse of office and taking over the offices of other National Officers with his many PAs and not about financial misappropriation.

How did these lawyers know that the NBA President is saving our money when the financial status of the Association was neither presented, discussed nor adopted? In any case, the aggrieved National Officers are saying that they are not in a position to know the state of the finance of the Association, having been frozen out of their own offices.

The NBA President practically admitted the accusations but justified them with his moves to save the funds of the Association. Unfortunately, we don’t know the financial state of the Association to determine whether the President’s justification has any substance.

The interesting revelation that came out of the President’s response is that he treats other National Officers with extreme contempt. Even though only three officers openly accused him, the NBA President accused the whole of the Executive Committee beside himself of attempting to squander the Association’s fund.

He even alleged that the NBA 1st Vice President (who didn’t accuse him) chaired an Exco meeting where the National Officers in his absence agreed to share N40 Million of the Association’s money. This accusation indicts all National Officers except him.

I think the logical discussion for NBA members now should be “What are the powers of National Officers and checks to these powers.” If the NBA President checks the excess of other National Officers powers, WHO CHECKS THE EXCESSES OF THE NBA PRESIDENT?

I read teacher Udemezue’s intervention wherein he attempted to deflect the seriousness of these accusations and issues by making it appear like “a traditional/normal occurrence” within the NBA by relating the present disturbing events with Olumide Akpata and Paul Usoro SAN NBA leaderships. I disagree entirely with Teacher’s analogy.

This is the only time since 1992 NBA crisis that an NBA AGM was inconclusive. Any analogy that seeks to deflect the seriousness of the issues confronting the present leadership of NBA by referencing to Akpata or Usoro Leadership is to me illogical and insincere. This is not time play to the gallery.

Any conscious Bar Man would have noted that most of the National Officers have been rendered redundant.

For example, we all know how active and vibrant Akorede Habeeb Lawal was in service of the NBA as Assistant Publicity Secretary under Paul Usoro SAN. He was so popular that he won our late colleague, Ogaga, who was also very popular as SA to Akpata in last year’s election for National Publicity Secretary. We are now witnessing the same Habeeb Lawal in this leadership almost opposite of what he was under Usoro SAN. Ordinary SMS containing daily programmes of events and sessions were not sent to delegates during this just concluded AGC, leaving many delegates confused. There must be a reason.

Another example is the fact that most of the information concerning accommodation and recreation for lawyers during AGC and indeed all NBA national functions is the traditional work of the National Welfare Secretary. Since this current administration, I haven’t seen our current Welfare Secretary sign any of those notices. There must be a reason.

The Current NBA Leadership needs urgent leadership counselling and tutorials. Let Bar leaders rally round our current leadership and save the Bar once again.

The NBA President is not accused of financial impropriety; he is accused of not providing leadership to his team, and his response admitted and tried to justify these accusations.

This should be the logical discussion and anything else is Petty Political Propaganda.

  • Mazi Echika Ejido, a member of NBA, writes from Abuja.

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NBA-AGC COMMUNIQUE: ‘WE’RE RESOLUTE IN PURSUIT OF JUSTICE AND GOOD GOVERNANCE’

COMMUNIQUE ISSUED BY THE NIGERIAN BAR ASSOCIATION AT THE CLOSE OF HER 63rd ANNUAL GENERAL CONFERENCE HELD FROM THE 25th of AUGUST TO 1st of SEPTEMBER 2023 AT THE M.K.O ABIOLA STADIUM, ABUJA

PREAMBLE

1/ The 63rd Annual General Conference with the theme “Getting it Right; Charting the Course for the Nigeria’s Nation Building” held at the M.K.O. Abiola Stadium, in the Federal Capital Territory, Abuja, Nigeria, from the 25th of August to 1st of September 2023.

2/ There were 16,340 (sixteen thousand three hundred and forty) registered conferees. The Conference comprised of 6 plenary sessions, 21 breakout sessions, 26 speakers, 99 panelists and 23 moderators.

3/ The Conference was declared open by His Excellency, President Bola Ahmed Tinubu, GCFR. The Keynote Speaker at the opening ceremony was Mr. Tony Elumelu, CFR, Chairman, Board of Governing Council, Tony Elumelu Foundation.

4/ The President of the NBA, Yakubu Maikyau, OON, SAN delivered the opening address.

Goodwill messages were received from:
• The President, Court of Appeal
• The Chief Judge, Federal High Court
• The Honourable Attorney- General of the Federation & Minister of Justice

5/ The Working sessions of the Conference focused on three main themes: Economy, Administration of Justice, and Security. After exhaustive discussions on the papers and extensive deliberations on the themes of the conference, the conference rose with the following observations and recommendations.

ECONOMY
Observations
6/ Conference observed that Nigeria’s economic potential has been constrained by many structural issues, including inadequate infrastructure, tariff and non-tariff barriers to trade, fundamental obstacles to investment, uncertain government policies and reluctance of previous governments to take the necessary bold steps required to achieve sustained economic growth.

7/ Conference expressed disappointment over Nigeria’s paradoxical situation of having natural resources that are not adequately utilised for Nigeria’s industrial development, one of which is clearly seen in the energy sector. Despite substantial gas reserves the nation is still unable to explore gas to achieve adequate electricity generation.

8/ Conference recognized Nigeria’s potential in terms of mineral wealth and human resources, emphasizing the enormous opportunities available. However, challenges like power shortages, oil theft, kidnapping, insecurity, and divisions among citizens have prompted the need for robust, long-term economic decisions to revive the economy.

Recommendations

9/ Conference resolved that sustained broad based economic growth and poverty reduction are critical to Nigeria’s economic growth and stability.

10/ Specifically Conference called on the Federal & State Governments to refocus efforts on infrastructure development, improve power generation, improve agricultural productivity, and expand jobs in rural areas. There should also be greater attention on youth employment through education and entrepreneurship skills training.

11/ Conference issued a cautionary message, highlighting the diminishing relevance of Nigeria’s current natural resources in the face of the imperative shift towards renewable energy solutions driven by climate change concerns. It stressed the urgency of embracing the new economic realities of the 21st century that will overshadow the significance of present natural resources.

12/ Beneficial policies for the revitalization of the Nigerian economy must be formulated and implemented for the sake of not just the current generation but for future generations as well. Some of these policies may have consequences that are not immediately comfortable but will be beneficial for the overall economy and in the long term. Citizens are therefore encouraged to be patient in the renewed hope for the development and growth of the economy of this great nation.

ADMINISTRATION OF JUSTICE
Observations

13/ The need to reform the justice sector has permanently been a subject of national discussion since Nigeria’s return to democracy in 1999. Several high-level committees were set up by successive administrations to review specific institutions within the justice sector. In particular, the Judiciary, Police Force and Correctional Services have at several times been subjects of multiple reviews.

14/ Many of the problems identified include poor coordination among the different actors in the sector; long delays in hearing cases; a lack of effective legal aid to help the poor to access justice; overcrowded detention facilities; critical allegations of corruption within key institutions and poor conditions of service across the sector.

15/ While the reports of these committees have largely gone unimplemented there have been many interesting and useful initiatives to improve the justice system. The enactment of the Administration of Criminal Justice Act, 2015, the Administration of Civil Justice Laws in Delta and Ekiti States. Correctional Services Act, The Police Act, the National Human Rights Commission Act, and the Legal Aid Council of Nigeria Act, are some of the important legislations in support of justice sector reform.

16/ Conference observed that in spite of these developments there are still formidable challenges ahead to achieve a justice system that works in the interest of Nigerians. Public confidence in the justice system remains at very low levels.

17/ Conference notes that every aspect of the infrastructure of our justice system requires fundamental rethinking including our approaches to policing, adjudication, bail, sentencing and imprisonment. There was also a call for adherence to judicial decisions, adoption, and integration of technological advancements for the judiciary, and fostering improved relationships between the different branches of government.

Recommendations
18/ Achieving the desired justice system will be a process, not an event. Nevertheless, change must be accelerated to keep up with the expectations of Nigerians, particularly those of the poorest and most vulnerable communities. Such change must be properly planned and carefully managed.

18/ The importance of a strong, independent judiciary was emphasized. Conference affirmed the need for an urgent upward review of judicial remuneration. Conference recommends the separation of Judicial Remuneration from public sector including the removal of the remuneration of judicial officers from the purview of the Revenue Mobilisation Allocation and Fiscal Commission {RMAFC}. Conference also recommended an independent salary scale for judicial officers. Conference recommends that urgent attention be paid to the plight of magistrates and other lower court judges.

19/ Conference recommends that the Federal and State governments extend financial support to pro bono schemes in Nigeria to bolster their effectiveness. That there must be collaborative efforts between the Nigerian Bar Association and other relevant stakeholders to enhance the provision of pro bono services and narrowing the gap in access to justice.

SECURITY

Observations

20/ Conference analysed the critical issue of national security and its intertwined relationship with economic prosperity and effective administration of justice.

21/ Conference acknowledged the severe impact of insecurity on the nation’s development and examined the various factors contributing to this challenge. Key observations included the devastating effects of terrorism, non-participation of communities in security efforts, unemployment’s link to unrest, and the need for regional cooperation and intelligence sharing.

22/ The Conference recognised the detrimental role of porous borders, globalization’s influence on crime dissemination, inadequate security personnel training, contentious land allocation, indiscriminate release of suspects, government’s inaction against insecurity, and the presence of ungoverned spaces.

Recommendations

23/ Conference identified the need for greater investment in the Military including providing support for civil-military coordination framework as well as a comprehensive endowment framework for critical military facilities and equipment.

24/ Conference recommended practical strategies to address security concerns. These include community involvement in policing, youth engagement through job creation, enhanced regional cooperation, media sensitization, comprehensive police reforms, religious school regulation, strengthening the judiciary, and observance of human rights. The adoption of State security forces, proper land management, international resource acquisition, and meticulous implementation of approved plans were also suggested.

25/ Conference urged citizens to actively contribute to combating insecurity by being vigilant and speaking up. It called upon the legal community to explore ways of enhancing Nigeria’s access to finance to support the fight against insecurity. Overall, the Conference underscored the need for comprehensive, multi-faceted efforts to address the nation’s challenges.

26/ Conference recommended legislative intervention to address gaps in the Armed Forces Act and other legal frameworks, enhancing regulations and accountability for military personnel involved in low intensity conflicts.

27/ Conference recommended that military training and operations incorporate human rights studies so that the military observes human rights principles and gain international credibility and uphold its constitutional role in safeguarding citizens.

The Role of the Legal Practitioner (Members of the NBA)
Observations

28/ The attention of conference was drawn to the immortal words of Sir Christopher Alexander Sapara Williams, who said that “The legal practitioner lives for the direction of his people and the advancement of the cause of his country”. Conference also noted the words of Theodore Roosevelt, who said “Nobody cares how much you know until they know how much you care”.

The above was what informed the medical outreach held in the sidelines of the Conference. The medical outreach which will continue until 7 September 2023, was organised in partnership with the Kebbi State Government, the Medicaid Cancer Foundation, Garki Hospital Abuja, with volunteers from the Moses Lake Medical Team (MLMT) from the United States of America and the South American Country of Chile; Doctors from the University College Hospital (UCH), Ibadan; volunteers from Nigerian Medical Association (NMA), Kebbi and other chapters from all over Nigeria; and doctors and nurses from the NYSC. The outreach has, so far, attended to the health needs of over 1,700 (One Thousand Seven Hundred) Nigerians, lawyers, and non-lawyers. About 44 surgeries have been successfully performed so far.

29/ Conference reviewed the Legal Practitioners’ Remuneration (For Business, Legal Service and Representation) Order, 2023 and Rules of Professional Conduct and NBA Rules and Guidelines on Anti- Money Laundering and Counter- Terrorism Financing

30/ Conference recommended that ethical charging practices that uphold the integrity and dignity of work of legal practitioners must be followed. The NBA must prioritize comprehensive training to strike a balance between fees and client service and establish minimum fees for junior lawyers to counter under-cutting and implement a robust reporting mechanism for compliance.

30/ Conference emphasised the need for advocacy, awareness campaigns, and value delivery for fees as well as educating the public on the provisions of the new Legal Practitioners Remuneration (for Business, Legal Service, and Representation) Order 2023 which provides a framework for ethical charging and transparency.

31/ Conference recommended that Legal Practitioners Familiarise themselves with the Money Laundering Rules

ANNUAL GENERAL MEETING (AGM)

32/ In addition to reports from National Officers, Conference received reports of several statutory bodies. These are National Human Rights Commission, Council of Legal Education, Legal Aid Council, Law Reform Commission.

The following resolutions were reached:
Suspension of proposed Constitutional Amendment
33/ By a majority voice vote of members present at the AGM, it was resolved that the proposed amendment of the NBA constitution 2015 (as Amended in 2021) be and is hereby rejected in its totality while the subsisting constitution be retained.

Poor Funding of Statutory Bodies
34/ AGM decried the poor funding of statutory bodies such as the National Human Rights Commission, Legal Aid Council and the Council of Legal Education and called for continuous engagements between the NBA and the office of the Attorney General of the Federation (AGF) to facilitate proper funding of statutory bodies for effectiveness and performance.

ANNUAL GENERAL CONFERENCE, 2024
35/ AGM resolved that the 2024 Annual General Conference of the Nigerian Bar Association would hold from 23rd to 30th August 2024. Venue to be determined.

CONCLUSION
36/ The Nigerian Bar Association (NBA) and the legal profession as a whole must remain unwavering in the pursuit of justice and effective governance. As the voice of the people, the legal community holds the responsibility of ensuring equitable treatment for all, irrespective of their status. Upholding the principle of equality before the law is paramount.

37/ The NBA’s influence should extend beyond the courtroom. It must actively contribute to economic growth and stability by advocating for policy adherence to the rule of law in policymaking and implementation. To bolster the economy, the legal community should focus on nurturing the judiciary and key regulatory bodies.

38/ The Conference emphasizes that the outcomes and recommendations from this gathering should be earnestly embraced and executed. The profession’s commitment to justice must remain unswerving. By doing so, the Nigerian legal sector will stand out globally, acknowledged for its exceptional administration of justice and adherence to legal principles.

39/ These recommendations reflect the collective commitment to strengthening legal institutions and promoting justice, human rights, and professional integrity with the ultimate goal of Getting It Right.

Dated this 2nd Day of September 2023

Yakubu C. Maikyau, OON, SAN
PRESIDENT

Adesina Adegbite, FICMC
GENERAL SECRETARY

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AFAM OSIGWE X-RAYS LAND USE ACT AT LAW AWARDS GALA

NEWS RELEASE

Mazi Afam Osigwe, SAN, Addresses Land Use Act & Environmental Degradation at the 2023 Law Awards Gala

The prestigious 2023 Law Awards Gala was held today, drawing the legal luminaries of the nation to a grand gathering. Amidst the glitz and glamour, one speech stood out – Mazi Afam Osigwe, Senior Advocate of Nigeria (SAN), addressed a vital and pressing issue: the Land Use Act and Environmental Degradation. This gala was not just an occasion to celebrate legal excellence but also an opportunity to shed light on critical societal concerns.

The Law Awards Gala is an annual event that brings together lawyers and nominees who have demonstrated exceptional dedication, expertise, and commitment to their legal profession. It’s a night to celebrate their accomplishments and contributions to the legal landscape.

Mazi Afam Osigwe, a renowned Senior Advocate of Nigeria, has long been known for his legal acumen and unwavering commitment to justice. He has taken on numerous high-profile cases throughout his career and has been a vocal advocate for legal reforms. His presence at the gala added prestige to the event.

Mazi Afam Osigwe’s speech focused on the Land Use Act, a pivotal piece of legislation in Nigeria’s land ownership and management framework. The act, which dates back to 1978, has been a subject of debate and critique over the years. Osigwe delved into the complexities of the Land Use Act, highlighting its impact on land tenure, property rights, and environmental concerns.

One of the key facets of Osigwe’s speech was the connection between the Land Use Act and environmental degradation. He emphasized how certain provisions of the act could contribute to unsustainable land use practices and, consequently, environmental degradation. Osigwe’s compelling arguments shed light on the need for a reevaluation of existing land policies in the context of environmental sustainability.

Mazi Afam Osigwe did not limit his speech to criticism. He issued a call to action to legal professionals and policymakers, urging them to consider reforms to the Land Use Act that would align it with modern environmental and sustainability standards. His passionate plea resonated with the gala’s attendees, many of whom are influential figures in the legal and political spheres.

The 2023 Law Awards Gala was more than just an evening of recognition; it was an opportunity to address critical issues facing the legal and societal landscape. Mazi Afam Osigwe’s speech on the Land Use Act and its ties to environmental degradation left a lasting impact, inspiring further discussions and potential reforms in land management policies. As the legal community continues to strive for excellence, it also carries the responsibility of contributing to a just and sustainable future for all Nigerians.

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‘NBA AND DANGER OF FREE MEAL FOR EXCO MEMBERS,’ BY OKUTEPA

THE NEED TO AVOID FREE MEALS IN NBA


In the just concluded Nigerian Bar Association, NBA, annual general conference, there were some troubling revelations which were not new, but which took a public show of what appears to be washing our dirty linens in the public.

Some of our national officers accused the President of NBA of not allowing them to perform their Statutory duties. In the most commendable matured approach the president allowed them to air their grievances publicly. He did not stop them. This is commendable I must say.

Then it was the turn of the president to react. He gave reasons for his actions. Some of these reasons bothered on financial profligacy. That these national officers wanted to share NBA money for nothing. He gave statistics.

Now these allegations and counter accusations are not new in NBA. I will not go into historical details. We all know. Some lawyers are experts in NBA elections. They graduate from one office to the other. There must be some reasons for always wanting to “serve” in perpetuity.

But I think time has come for more responsible and accountable leadership in NBA. We need to screen thoroughly those who want to lead the NBA. What are their capacities and professional intergrity. It appears to me that many lawyers who go into NBA offices either at National or Branches are doing so because of free meals in NBA offices.

When NBA was vibrant and a very responsible and a very respectful association, there were no free meals in the Association. Leaders and NEC members paid their ways to attend NEC meetings. There were no free accommodations for National officers and NEC members.

Everyone paid for his or her accommodations to attend NBA meetings. Some seniors members were willing and ready to assist some of their juniors to attend meetings. Senior lawyers were accorded due respect. These senior lawyers were guiding lights of the profession. Serious issues were discussed and enforced. Attending NEC meeting was for serious business. It was not for social jamborees.

But since we adopted the policy of payment for accommodations for branch chairmen and secretaries from National purse for those who put themselves forward to serve the association that our problems of jamborees started.Today there are open corruptions in NBA. Some Branches cannot account for branch dues and money.

Again, we started to monitize the elections of our colleagues to lead our Association. Those jostling to lead the Bar corrupt their ways to be elected. Those who are to votes demand for bribes in many forms to vote for candidates they extorted from. Leadership recruitment in NBA has become very faulty and has unprofessionally being monetized.

Now that we are going to have new national officers next year those who have their eyes on what they want to gain not the services they want to rendered to members of the legal profession and the Association, have started unsolicited morning salutations and have suddenly turned emergency humanists and human right crusaders.

Honestly the hypocrisy in NBA has lowered the reputation of the profession in grave geometrical proportions. We have closed our eyes to the rots in the profession and things are not well with NBA. We have stomach so many things that are wrong. The sores we keep tolerating in the profession is gradually leading to professional amputation of the credibility and nobility of the profession. We are no more taken serious by any right thinking members of the society. We have been grouped amongst the rogues in the society.

The free meal in NBA has turned the association to a laughing stock. Time for all of us to agree to return the Association to its past vibrant glory is now. The recruitment processes to national and branch leadership must be thoroughly reviewed. Those jostling to lead NBA at national and branch levels must be scrutinized. Today NBA has been divided. Senior members of the profession are endangered species now. The reverend rank of SAN is now a crime for leadership.

Yet this division was promoted for leadership positions. Even within the revered rank of silk, some encouraged some lawyers to disrespect elders just because of ambition to lead NBA. We cannot rubbish our best just for two years tenure in office. The traditional respect in the bar appears to have gone. Anyone can just wake up and want to be president of NBA.

There is a need to stop free meal in NBA. Let those who want to lead the Bar do so from their pockets. They should pay their ways to conferences. There is no need for sitting allowances. If you know you can’t foot your bills, don’t aspire to lead the Bar. NBA free meal must be stopped before it totally rubbished the noble profession. This is my thought. Correct me if am wrong.

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‘PORTABLE: ONLY HYPOCRITES’LL CRITICIZE NBA,’ SAYS SENIOR ADVOCATE

PORTABLE AND THE 2023 NBA UNBARRED CONCERT- A SHEER DISPLAY OF IMMATURITY

I was at the Unbarred concert of the NBA and I left the venue at 01:45am not because of the Musician known and called Portable , but because I was very tired and I also had a meeting to attend at 10am later that morning. I ,therefore, needed to have some rest, more so that reality is now dawned on me that i am no longer getting younger.

I didn’t register for this year NBA conference at all because I am still aggrieved and unhappy with the NBA leadership for their failure to give me not even a tag , talkless of a conference bag at the 2022 NBA conference in Lagos. I paid so much to register for that conference, yet I got nothing at all to show for it. In actual fact, my wife continues to doubt my true attendance of that conference till the second coming of Jesus Christ. I believe till date that I was robbed by the leadership of the Bar, hence my decision to boycott this year conference in Abuja.

All efforts made by the Chair of the Conference Planning Committee, Mazi Afam Osigwe, SAN and a very good colleague of mine who is also a member of the Committee, Barbara Omosun Esq to convince me to register fell on deaf ears. I was at the conference exhibition grounds only to buy some books and legal accessories.

Let me confess however before returning to the Portable issue that the 2023 conference was well organised. It was a world class conference. I am not a fan of Y. C. Maikyau, SAN who is the current President of the Bar. I parted ways with him and his led exco when he resorted to unwarranted and unjustified attacks on some prominent leading legal practitioners of Yoruba extraction in a proxy war that the President is prosecuting for the reasons best known to him alone.

However, when I saw the top notch organisation of this year Annual General Conference of the Bar co-chaired by the learned Silk, Mazi Afam Osigwe and the Amazon of the Bar, the charming and pretty Mrs. Oyinkan Badejo-Okusanya, I needed nobody to convince me before I paid for 2 Presidential Bar Dinner tickets for myself and my colleague, Oluwaseun Adeola Adedipe Esq. We attended the Presidential Dinner and I can attest to the fact that, save for starting well behind the scheduled time( African time, of course), it was also a first class dinner by any standard that one may use to assess or rate it.

Back to the Portable issue at the Unbarred Concert, I was at the event as stated above and it was fun-filled. I have heard a lot about the young musician, but I don’t even know him and I can’t even recognise him even if I see him tommorrow.

I asked Mr. Adedipe when I read online the viral report that some participants staged a walkout in protest against Portable. Mr. Adedipe told me that Portable had indeed commenced his performance for about 15 minutes before I asked that we should leave, not in any protest but just because I was very tired. Those who are now spreading the fake news of the walkout protest might as well counted me among those who walked out on Portable which in any event was not true. The event was well-attended and it was great fun all through. Those who are denigrating the Bar because of Portable’s engagement and or performance are just being mischievous and also throwing up mere primordial sentiments to run down their perceived enemies at the Bar which is neither Y. C. Maikyau, SAN nor Portable himself. The baseless attacks on Portable’s engagement is rooted in both the Bar politics and the national politics!!!

Am a Fuji music enthusiast and a die-hard fan of Dr. Sikiru Ayinde Balogun, MFR( Barrister) who was the Creator of that genre of music. I also love and admire the good fuji music of Alhaji Isiaka Iyanda Sawaba of blessed memory, also that of the Cappo Di Tutti, King Wasiu Ayinde Marshal( KWAM 1) , the Corporate Fuji exponent, Adewale Ayuba and my own brother, Alhaji Abass Akande Obesere.

The nature of the appealing and matured music of Dr. Sikiru Ayinde Barrister or the funkified music of Mayegun KWAM 1 or the corporate oriented music and impeccable dress sense of Mr. Adewale Ayuba should not be a license for anyone to throw caution to the winds to denigrate or condemn in any manner whatsoever the sleaze styles in nature songs Alhaji Wasiu Alabi Pasuma or that of Mr. Muri Thunder and or indeed the music of the Great Alhaji Abass Akande Obsere ( omo arapala and the king of saje/asakasa(sleaze fuji) or that of Mr. Lateef Ilori ( Kukuye) of blessed memory and our Kamoru Ishola (Gbejo )of Agbede Adodo, Ibadan of blessed memory who were in actual fact the first and the second persons to introduce sleaze, raw, ghetto and tarmac languages lexicon into Fuji music in Nigeria. Yet, they had their own cultic followers and fans.

Why so much fuss about Portable performing at the NBA conference? During my Student’s days at the Universities of Lagos and later Ibadan, the legendary Fela Anikulapo was always engaged by all the great clubs and associations on our campuses then for live performances. Anybody who had attended Fela’s live concert before will agree with me that the person was then a secondary Indian hemp or marijuana smoker and that included my good self. How will you be at Fela’s concert and will not inhale enough smoke of marijuana which almost every other person beside you was smoking with all latitude. Or do we talk of Fela’s habitual almost naked dress sense? But that was the great Fela for you. It was for the organisers to take him as he was or leave him if they couldn’t cope with his unique identities. After all, they could have as well invited and engaged some Islamic or Christian Gospel Musicians and there were truly many of them out there at that time and even till now.

I also listened with delight and full satisfaction as I am a fanatical fan of Tiwa Savage’s Afro music as well as the Afro music of Asa. The dress senses of the duo are unique and are in contrast to each other. It would therefore be preposterous for anybody to use the habit of either of them to condemn or ridicule the other. Varieties are indeed what make this world of ours tick. Even among lawyers and also all professionals , we all have our nuances and different brands that are unique to each practitioner and also law firms.

I don’t see anything untoward in the NBA inviting Portable to feature and perform at the concert organised during the just concluded and well-organised NBA conference. The unfounded and mischievous criticisms being touted all over now is akin to those who are fond of condemning the Big Brother Africa/Big Brother Naija on any ground.

I have asked those hypocrites and pretenders of the Big Brother’ show why they must tune in their own television set to the channel airing the show when in actual fact DSTV or Multi-choice has over 200 channels? Were they forced or hypnotised to do so? Enough of mischief and hypocrisy please.

It is therefore my considered opinion that members of the Bar (if any) who truly staged walkout on Portable who was a Guest Artist at this year Unbarred Concert are, to say the least, very immature. Such members of the Bar would at anytime walk out on Judges whenever court’s proceedings become hostile or unfavourable to them or when it failed to meet their own expectations.

Dated this 2nd day of September, 2023
JCI Senator Mutalubi Ojo Adebayo, SAN
Asiwaju of Ita-Ege and Idi-Aro,
Ward 5,
Ibadan South-East Local Government Area,
Oyo State of Nigeria.

2348033275495
+2348181585848
E-mail- adebayoojo90@gmail.com

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‘MY NBA-SPIDEL STEWARDSHIP,’ BY MONDAY UBANI

ABRIDGED CHAIRMAN’S REPORT ON THE ACTIVITIES OF SPIDEL FROM 2021 TO 2023.

PROTOCOLS

Gentlemen prior to my election as the Chairman of NBA-SPIDEL, I was appointed as the Chairman of Conference Planning Committee of the Section which took place at Ibadan, Oyo State. The Conference with a theme of “The Role of Public Interest in Governance in Nigeria” was held from 23rd of May to 26th of May, 2021. There were several sub- themes all meant to address Nigeria’s governance issues and enhancing the skill of public interest lawyers on public interest lawyering. The speakers were notable public officers like the Chief Justice of Nigeria ably represented by Justice Eko Ejembi now Retired. We had two serving Governors, Their Exellencies Seyi Makinde of Oyo State and Bala Mohammed of Bauchi and one former Governor, Senator Rochas Okorocha. We had over 50 internationally acclaimed speakers and the conference was regarded as A class conference.

In an election that year which had the current Chairman as the Electoral Committee Chairman, a new Council emerged headed by my humbleself!

As a brand new Chairman with new Council Members of the Section we had a plan to take the annual conference then to Sokoto since the last conference was in South West of Nigeria. The Sokoto State Government and the lawyers of Sokoto were upbeat about the conference. We were already finalising plans for the conference when news broke out about the unfortunate murder of Lady Deborah Yakubu, a female Student of Shehu Shagari College of Education. The innocent lady was beaten and stoned before she was set ablaze by irate mob comprising of her male colleagues of the said college.

Her killing sparked outrage and condemnation across the country, Nigerians asking the government to fish out the perpetrators of the heinous crime.

NBA became deeply worried not just by the chilling news of the murder of Miss Deborah Yakubu, but also by the sudden and sad news of some Youths who took to the streets creating more tense situation by burning and causing chaos thereby leading to deteriorating security situation in the State.

In the light of the above, the NBA-SPIDEL Council came to a painful decision to request from the then President, Mr. Olumide Akpata that the 2022 annual conference in Sokoto State be postponed not only for the safety of our conferees and guests but as a mark of respect for the memory of the slain Miss Deborah Yakubu. This request was swiftly acceded to by the President and the conference was subsequently postponed indefinitely with a demand that the persons who committed this heinous act be fished out and punished accordingly.

It is sad to report that up till now neither the Federal Government nor the State Government has arrested the real culprits let alone prosecuting them. The blood of Deborah is in the grave but crying for vengeance.

Later in the year 2022, August to be precise, the NBA-SPIDEL Council rescheduled the Annual Conference to hold in Abuja with a theme “The Undermining of Judicial Authority in Nigeria” The key note address was delivered by Hon Justice Inyang Okoro of the Supreme Court of Nigeria.

The A list speakers included the then Acting Chief Justice of Nigeria ably represented by Hon Justice Uwani Abba Aji of the Supreme Court, The President of National Industrial Court, Hon Justice Benedict Kanyip, Chief Mike Ozekhome SAN, Mr Femi Falana SAN, The former AGs of Lagos and Abia States, our Dr Tony Ojukwu SAN, Chief Kanu Agabi SAN, Dr Muiz Banire SAN, Mr Babatunde Ogala SAN, Dr Sam Amadi, Dr Uju Agomoh, Prof Paul Ananaba SAN etc.

Several sub-themes all bothering on the problems of the Judiciary were dissected and solutions profered as remedies to the ills plaguing the judiciary generally.

Just like the Ibadan Conference, the Abuja Conference ended with a communique that was widely publicised in both print and electronic media.

The last conference under my administration was just the recently concluded annual conference held in Lagos State, the centre of excellence. The highly discounted and grand annual conference held in Ikeja Lagos State attracted the creme la creme in the political circle and legal profession. The Conference held from 20th of June to 23rd of June, 2023 was with a theme ” Post Election Nigeria: The Judiciary in the eye of the Storm”

The choice of the topic was deliberate in the light of the present mood of our dear country, post national elections. As we are public interest Advocates, our duty is to constantly remind the judiciary of the daunting task ahead and the need for them to ensure substantial justice and to help set the tone as watchdogs of Justice delivery.

Femi Falana was the Keynote Speaker. Others were Hon Justice Amina Augie ably represented by Hon Justice Ipaye, Prof Ojukwu SAN, Tony Ojukwu SAN, Boma Ozobia SAN, Hon Justice Taiwo Taiwo Retired, Olumide Akpata, Austin Alege SAN, Samson Itodo of Yiaga Africa, Prof Nnamdi Obiaraeri, Moyosore Onigbanjo SAN, Senator Darlington Nwokocha and the governors of Lagos and Abia States.

The conference ended on a beautiful note with a classical dinner that had surplus food and drinks for the conferees.

The last day witnessed a new election that produced the new leadership made up of capable men and women that are ready to take the Section to a new and better level in Jesus name.
As usual a communique was issued, read and widely published.

In between these annual conferences, the Section held some other important programs for the entrenchment of proper enlightenment on public interest issues for good governance in NBA and the country generally.

When exparte orders and forum shopping became disturbing trend that painted the legal profession in the bad light, we rose to the occasion and held a Webinar Event that had a retired Justice of the Supreme Court Hon Justice Rhodes Vivour, Former President of NBA Mr J.B. Daudu SAN, Lateef Fagbemi SAN, current AG of Nigeria, Justin Anayo Offiah SAN, Olumide Akpata the then NBA President, Ondo State Governor Rotimi Akerodolu SAN in attendance. They agreed that this abuse is usually rampant in election cases especially in pre election matters. They all condemned the abuse and variously prescribed punitive measures to stem the tide. This event took place in 2021.

In 2022 we held a Townhall meeting on the justiciability of Socio economic rights provided under Chaper Two of the 1999 Constitution as Amended

The hybrid summit had the theme Justiciability of Chapter Two of the 1999 Constitution, Pragmatic Measures for Government Accountability. The event was Chaired by Hon Justice Helen Ogunwumiju of the Supreme Court. It had the then Chief Judge of Abia State Hon Justice Onuoha Ogwe, Hon Luke Oniofok, Chairman House Committee on Judiciary, Mr Suleiman Usman SAN, Sokoto then AG, Olawale Fapohunda SAN, the then Ekiti State AG. The then President Mr Olumide Akpata was too keen on this subject and did everything to ensure the success of the program. Mr Femi Falana SAN again was the Lead Presenter on the topic.

After the brainstorming event, it was generally accepted that for the human rights entrenched in the constitution to be meangful, socio economic rights must enjoy the same legal recognition of justiciability as have been done in some countries like India and other Asian countries.

Finally, I recommend that the new Exco should look towards conveying a town hall meeting on dealing with some of the legal Impediments bedeviling public interest litigations in our judicial system. One of the notable principles is the obnoxious principle of Locus Standi which the courts in Nigeria have religiously used to deny public interest litigants seeking accountability, respect to rule of law and good governance access to courts.

This Townhall must have judges of the Federal High courts in large numbers as they remain the greatest culprits with this principle. Despite that the Supreme Court has magnanimously set a breaking record of reversing the earlier rigid position as established in Abraham Adesanya’s case in the latest case of NNPC Vs Centre for Oil Pollution Watch, our courts at the lower levels are still stock with the primitive position that courts should interrogate the status of a messenger rather than the message.

We need to stop the bad behaviour of our judges in this regard by the sensitisation that I recommend that NBA-SPIDEL should spearhead.

Thanks and God bless the New Exco and the members of NBA-SPIDEL. Take it from me, if you believe and work towards it, YOU WILL ALL MAKE HEAVEN.

Dr. Ubani Monday O.
Former Chairman of NBA-SPIDEL

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