BREAKING: FOREMOST CONSTITUTIONAL LAWYER, PROF. BEN NWABUEZE IS DEAD

Professor Ben Nwabueze (SAN, NNOM, CON), Nigeria’s pre-eminent constitutional lawyer, is dead.  He was aged 94 years.

The passing of the legal giant occurred the same day as his protégé and former Chairman of the Body of Benchers, Chief George Uwechue (SAN, FNIALS).

A statement by the family made available to CITY LAWYER reads: “With great sadness, we announce the passing on of our patriarch, Professor B. O. Nwabueze SAN, NNOM, CON, pioneer Secretary-General of Ohanaeze Ndigbo and Oduah Afo-na-Isagba of Atani, Anambra State, on Sunday October 29, 2023 age 94. He lived an exemplary life of consequence.

“Burial arrangements will be announced in due course.
“Eni Nwabueze, MD
“For the Family.”
A profile on the foremost senior lawyer penned by the Hallmark of Labour Foundation reads: Professor Ben Nwabueze or Professor of Professors as he’s fondly called by his numerous admirers is Nigeria’s first academic Senior Advocate of Nigeria. A Teacher, Administrator, Businessman and former Minister of Education and Youth Development, Professor Ben Nwabueze was born on December 22nd, 1932 in Atani, Ogbaru Local government Area of Anambra State.

His academic pursuit started at the CMS Central School Atani, from 1938 – 1945; C.M.S Central School, Onitsha (formerly, African College), 1947 – 1950. He later went to London School of Economics and Political Science, University of London, 1956 – 1961 and School of Oriental and African Studies, University of London, 1961 – 1962. From 1962 – 1965, he was Senior Lecturer at Holborn College of Law, London, and Senior Lecturer, University of Nigeria Nsukka, between 1967 – 1970. In 1971, he was Dean, Faculty of Law, University of Zambia and Director, Law practice Institute, Zambia, 1973 – 1975.

Although, well supported by both father and uncle initially, the greater part of his Academic pursuits abroad were made possible by scholarship awarded to him for his academic excellence.

Prof. Nwabueze earned his Doctor of Laws (LL.D) at the University of London in 1978, based on his three outstanding books – Constitutionalism, Presidentialism, and Judicialism, thus entering the record books as the second (since the death of Dr. T.O. Elias), the only Nigerian and African holder of a higher doctorate degree in Law by published works. He is also the first academic lawyer to be made a Senior Advocate of Nigeria (SAN) in 1978 strictly on the basis of his published works.

A seasoned Academician, he was member of Senate of the Universities of Lagos, Dar-es-salaam, Nairobi, Haile Selassie in Ethiopia, Lesotho, Botswana and Swaziland between 1971 – 1978.

He was appointed the University Assessor for Academic Appointments, Universities of Ghana, Lagos, Ife (now Obafemi Awolowo University) and Jos between 1978 – 1979.

A firm believer in publishing, Prof. Ben Nwabueze is the proud author of over thirty books and treatises with an average extent of 400 pages. They include; The Machinery of Justice in Nigeria; Constitutional Law of the Nigerian Republic; Nigerian Land Law and Constitutionalism in the Emergent States. Others are Presidentialism in Commonwealth Africa, Judicialism in Commonwealth Africa; The Presidential Constitution of Nigeria; A Constitutional History of Nigeria; Federalism in Nigeria under the Presidential Constitution; and Nigeria’s Second Experiment in constitutional Democracy in Africa in Five Volumes.

He has written over 200 articles in academic journals and more than 100 keynotes at local and international Conferences.

He is a household name in the Legal Profession and hardly, any other author is as frequently quoted in court judgements as Ben Nwabueze. Although, well known for his teaching, research and writing; Nwabueze continued to participate in University administration.

This erudite Professor was appointed to Professorial Chairs in the following Universities; Zambia, 1970 – 75; Ahmadu Bello university, Zaria, 1974; University of Nigeria, Nsukka, 1975 – 76; Anambra State University of Technology; Nnamdi Azikiwe university, Awka 1989 – 1983 (visiting).

Prof. Ben Nwabueze is also a strong advocate for the Igbo cause. He, alongside other prominent Igbo sons like Akanu Ibiam, M.I. Okpara, K.O. Mbadiwe, Chief Ugochukwu, P.N. Okigbo and Udoji, co-founded Ohaneze Ndigbo in 1976. He served as Secretary – General, between 1978 to 2004, in which capacity he transformed the body into a formidable, highly regarded non-partisan Pan Igbo pressure group.

The recipient of several Chieftaincy titles, and The Nigerian Order of Merit (NNOM).

Prof. Ben Nwabueze is truly an academic giant in every sense of the term. Probably, more than any other Nigerian has, through his numerous books and articles contributed towards the application of constitutional law and the broader process of governance in Nigeria.

Indeed, the Nigerian Constitutional Evolution and the evolution of the entire legal system of Nigeria would not be complete without the invaluable contribution of this noble Patriot. It is therefore in recognition of his immense contribution to the advancement of the Nigerian Legal System, particularly in the areas of Academics and publication.

In recognition of his immense contribution to the advancement of the Nigerian Legal System, particularly in the areas of Academics and Publication, Hallmarks of Labour Foundation called on Prof. Ben Nwabueze, a Great Nigerian to join the league of other worthy Patriots of Hallmarks of Labour Role Model (HLR).

Prof. Nwabueze SAN would celebrate his 90th Birthday on Monday, March 22, 2021.

(Edited by DNL, 22 March, 2021)

BREAKING: EX BODY OF BENCHERS CHAIR, UWECHUE IS DEAD

A former Chairman of Nigeria’s Body of Benchers, Chief George Uwechue (SAN, FNIALS) is dead.

Impeccable sources told CITY LAWYER that Chief Uwechue died yesterday afternoon after a courageous battle with an ailment.

A highly decorated and much-loved senior lawyer known for his candour and integrity, Uwechue is also a longstanding traditional Prime Minister (Owelle) of Ogwashi Uku, Delta State.

He attended the Middle Temple, Inns of Court School of Law, London between 1961 and 1965 and was admitted to the Nigerian Bar in 1966 after attending the Nigerian Law School (the last set to undertake the 3-months programme). He has been a lawyer for nearly 60 years.

Born George Nwokocha-Ona Uwechue, the legal luminary was once described by the pre-eminent constitutional lawyer, Prof. Ben Nwabueze (SAN NNOM) as a leading jurist whose brilliance shone early in life. Speaking in Lagos at the launch of a collection of essays (Law in Motion: Nurturing Democracy and Development – Essays in Honour of Chief George Uwechue (SAN), Nwabueze recalled that Uwechue was one of the first set of students he taught at the University of London in the 1960s, saying: “Something that marked George out – I hope I can say this without causing offence to his classmates – he was simply the best! It is not surprising to me that he distinguished himself in the legal profession.”

Elevated to the coveted rank of Senior Advocate of Nigeria in 1993, Uwechue has been a member of the Inner Bar for 30 unbroken years. Appointed a Member of the Body of Benchers in 1990, he has been a Life Bencher since 1998.

The senior lawyer was elected Chairman of the Body of Benchers in 2010 and elected a member of the Elders Committee of the Body of Benchers in 2011. It is believed that the “Elders Committee” was his brainchild, being a vehicle for resolving thorny issues affecting leading members of the legal profession.

Aside from leading the legal profession as Chairman of the Body of Benchers, Uwechue also had the uncommon distinction of leading Nigeria’s House of Representatives, having been elected as Speaker (Pro Tempore) on February 23, 1983.

CITY LAWYER recalls that former Nigerian President Muhammadu Buhari had felicitated with Uwechue on his 82nd birthday in 2020, describing him as a legal luminary “whose antecedents continue to inspire many in nation-building, particularly in law, leadership and development issues.”

He described Uwechue as a statesman “who in spite of his national and global achievements, has steadily remained relevant in community development, setting up structures and creating opportunities for others to rise in life.” He also commended Uwechue for his contributions to national development through legal practice and law-making, having gained prominence as a two-term member of the House of Representatives and Speaker pro tempore.

Below is an exclusive profile of the deceased legal giant fondly called “OWELLE THE LAW” made available to CITY LAWYER.

BRIEF PROFILE Of OWELLE GEORGE UWECHUE (SAN) FNIALS

1. Name in Full: GEORGE NWOKOCHA-ONA UWECHUE

2. Home Place: Ogwashi-Uku, Aniocha South, Delta State

3. Religion: Christian (Catholic)

4. School, Colleges/Institutions attended with dates

(i) St. Peter’s School, Ogwashi-Uku 1943-47

(ii) St. Thomas’ School, Kano 1948-51

(iii) St. John’s College (now Rimi College) Kaduna 1952-57

(iv) Middle Temple, Inns of Court School of Law,
London 1961-65

(v) North-Western Polytechnic, London 1961-62

(vi) The London School of Economics and Political
Science (University of London) 1962-65

(vii) The Nigerian Law School, September to December 1965
(The last three months set)

5) Professional Appointments

(i) LL.B 2nd class Hons (London) 1965

(ii) Called to the Bar 1966

(iii) Appointed Notary Pubic 1975
(iv) Moderator (External examiner) in Commercial Law,
Nigerian Law School 1975-79
(v) Appointed Member Body of Benchers 1990

(vi) Elevated to the rank of Senior Advocate of Nigeria 1993

(vii) Appointed Member of the Rules of Court Advisory
Committee of the Supreme Court, by Bello, CJN 1995

(viii) Re-Appointed by Uwais, CJN 1996

(ix) Appointed Life Member, Body of Benchers 1998

(x) Conferred with Fellowship, Nigerian Institute
of Advanced Legal Studies on 31st May, 2006

(xi) Elected Vice-Chairman, Body of Benchers 2009

(xii) Elected Chairman, Body of Benchers 2010

(xiii) Elected Member, Elders Committee, 2011
Body of Benchers

(xiv) Awarded a Certificate of Excellence by the
Body of Benchers in recognition of his Selfless
Service as Chairman Body of Benchers, 2010 2019

6. Political Experience

(i) Elected into the House of Representatives of Nigeria. 1979

(ii) Deputy Leader, Nigerian Peoples Party
Parliamentary Forum. to

(iii) Chairman, Committee on Public Petitions and Member Committee
on Judiciary 1983

(iv) Elected Speaker (Pro Tempore) House of Representatives.
On 23rd February 1983

(v) Led the Nigerian Parliamentary Delegation to the U.K.,
United States and Canada in 1980.

(vi) As Leader of the Nigerian Parliamentary Delegation to the
United Nations Parliamentary Forum of “Speakers” in New York in
September/October 1981, chaired one of the three sessions as Speaker.

(vii) Re-Elected to the House of Representatives on the platform of National Party of Nigeria (NPN) September to December 1983

(viii) Member, Committee on Petroleum and Energy, House of
Representatives October-December, 1983, when the military
intervention terminated the Alhaji Shehu Shagari’s administration

7. Few Monographs/Papers

(i) Legal Monographs on Immigration Act, 1963, Exchange Control Act, 1962, Nigerian Enterprises Promotion Decrees, 1972, 1974, Industrial Inspectorate Decree 1970, Securities, & Exchange Commission Decrees, 1979, 1988.

(ii) The Role of Public Petitions in the Legislative Process (a pamphlet delivered at the Inaugural Session of the Committee on Public Petitions, House of Representatives in the 3rd Republic on 5th August, 1993)

(iii) Redress of Grievances through legislative petitions Committees and other Non-Judicial Processes – presented at the 1982 Annual Conference of the Nigerian Bar Journal.

(iv) Original and Appellate Jurisdiction of the Supreme Court (Published in “JURISPRUDENCE OF JURISDICTION”, 2005).

(v) Annual Lectures on Criminal and Civil Appeals Procedure to the Court of Appeal and the Supreme Court at the Institute of Advanced Legal Studies, Lagos (2000-2011).

(vi) A Vibrant Judiciary, Veritable Agent for Enduring Democracy in Nigeria delivered as guest speaker at the 2nd Anthony Cardinal Okojie Annual Lecture, 2009.

(vii) A summary of corrupt practices and money laundering laws in the Federal Republic of Nigeria.

(viii) The Law on International Carriage by Air (Judicial Interpretation and Application and Brief Review of Other Related legislations in Nigeria) August, 2005.

8. Few other Awards

(i) An award of Excellence by the Lagos Branch of the Nigerian Bar Association to mark his appointment as Chairman, Body of Benchers.

(ii) An award of Excellence by His Eminence Anthony Cardinal Okojie, Archbishop, Metropolitan See of Lagos, 2009

(iii) Diamond Jubilee Merit Award from the Old Boys’ Association of Rimi (St John’s) College, Kaduna, 2009 and a second merit award by the Principal, the students and Old boys of the College (of which he was Senior Prefect in 1957) to mark his appointment as Chairman, Body of Benchers in 2010

(iv) An award of Excellence by the Lagos branch of the National Association of Catholic Lawyers in 2010

(v) An award of Excellence from the Asaba Branch of the Nigerian Bar Association, 2010

(vi) Recognition by the Ogwashi-Uku Development Union (ODU) Lagos in 1994, to mark his elevation as a Senior Advocate of Nigeria in 1993

9. Law in Motion

In November 2013, 35 Professors of law, published “LAW IN MOTION, NURTURING DEMOCRACY AND DEVELOPMENT, Essays in Honour of Chief George Uwechue (SAN, FNIALS) (The Owelle of Ogwashi-Uku), Edited by Prof. M.O.U. Gasiokwu”.

10. Honour by Home State – Delta State Government

The Delta State Government honoured him by naming the street beside the new General Hospital, Phase IV, Core Area Asaba: “Hon. George Uwechue (SAN) Street”, in recognition of his achievements in politics and the legal profession.

11. Traditional Title

Honoured with the title Owelle Osowa-Anya of Ogwashi-Uku 1984; the greeting: Owelle -The Law

12. Family

Widower to late Barrister (Mrs.) Justina Uwechue (Nee Osaka), with six children, namely: Barr (Mrs.) Sally Uwechue-Mbanefo, Barr. (Mrs) Ifeoma Uwechue-Wachuku, Barr. George Uwechue (Jr), Mrs. Nwamaka Omole, Mr. Kwentor Uwechue and Dr. (Mrs.) Gabriella Nwobu. Blessed with fourteen grand-children.

Hon. Chief George Uwechue (SAN) FNIALS, C of E

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EXCLUSIVE: ‘THERE’S NO PEACE PACT, MAIKYAU, GEN SEC STILL USURPING MY OFFICE,’ SAYS NBA TREASURER

The crisis rocking the Nigerian Bar Association (NBA) Executive Committee is far from over as the embattled NBA Treasurer, Caroline Anze-Bishop has distanced herself from the highly publicized ‘peace pact’ between the squabbling NBA National Officers.

CITY LAWYER recalls that NBA witnessed perhaps the most chaotic Annual General Meeting (AGM) in recent history when the National Treasurer alongside the NBA Second Vice President Clement Chukwuemeka and Third Vice President Amanda Demechi-Asagba argued that NBA President, Mr. Yakubu Maikyau SAN was impeding the performance of their constitutional roles.

But NBA had announced in a Press Statement that it had hammered out a truce between the National Officers, saying: “The President of the Nigerian Bar Association (NBA), Mr. Yakubu Chonoko Maikyau, OON, SAN has announced the reconciliation of the national officers of the NBA following the disagreements that emerged during the last Annual General Meeting of the NBA.”

Quoting Maikyau, the statement read: “We have allowed ourselves to become ministers of reconciliation such that all the challenges and the differences we had within our Exco, have by the special grace of God today, been reconciled. And the first place we would go to after that reconciliation is this occasion…we give God all the glory, and the process of reconciliation was not difficult, it was seamless.”

The statement added: “The reconciliation of the national officers took place at the meeting of the National Executive Committee of the NBA, presided over by the NBA President, who had in attendance all the national officers of the Association. Rising from the meeting, members of the Executive Committee resolved to put their differences aside and re-dedicate themselves to the service of members and the lofty objectives of the NBA.”

But Anze-Bishop told CITY LAWYER that nothing could be farther from the truth. Responding to the public statement, she said: “I saw the statement just like you did, that we resolved. Resolved what? And who’s ‘We’? The AGM Saga was an open public show and so was my rejoinder, and I expect a public response by Mr. President to those issues and nothing less.”

Giving a hint that nothing has changed since the highly publicized face-off at the AGM, Anze-Bishop stated that her role is still being usurped. Her words: “My job is still being done by the G. S. and Mr. President, so (the) status quo remains the same and a few exaggerated words won’t cover it.

“I am not in a boxing ring with anyone so it’s baseless to claim we’ve (whoever that is) reached a truce. The National Officers physically met on the 19th and 21st of October but I only joined virtually on Saturday, the 21st, the second day. With the exception of the 1st VP perhaps, every other National Officer pointed out that Mr. President carries on by himself regardless of our presence or roles as National Officers.”

Hinting that the face-off between her and the NBA President may still rear its ugly head at the forthcoming NBA National Executive Council (NBA-NEC) meeting, Anze-Bishop said: “I equally reiterated to him (Maikyau) and the EXCO that the same scenario of the AGM with me will repeat itself at NEC because nothing has changed even as at now, and I will report no falsehood. Mr. President only responded that we will meet at the next meeting of 28th November and discuss these issues. Is that how a ‘resolution’ is done? as I hear being peddled around?”

CITY LAWYER recalls that Anze-Bishop had washed her hands off the financial statements presented to the AGM, saying she would not endorse them as she was not privy to the preparation of the statements. The AGM ended abruptly, without adopting or approving the financial statements.

Noting that she “always looks forward to an excellent working relationship with Mr. President,” the NBA Treasurer however told CITY LAWYER that “The issues I tabled before the AGM are yet to be resolved,” adding that “the status quo remains the same the same.”

She described the NBA public statement as “a most inspiring and proactive statement capable of giving an exquisite makeover or face lift to the worst of scenarios I would humbly imagine. So, Bravo!”

Tracing the crisis to the “abundance of little or no regard for National Officers and their Constitutional duties/Offices inter alia,” Anze-Bishop told CITY LAWYER that “A consideration of Romans 13:7 and upholding the provisions of our Constitution especially with regard to the sacredness of the duties of each officer and drawn boundaries between one Officer and the other, or between one Officer and others inter alia will certainly help to set things aright in my modest view.”

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‘JUSTICE DATTIJO MUHAMMAD EPITOMIZED INTEGRITY,’ SAYS BOSAN

ADDRESS By Chief Joe-Kyari Gadzama, OFR, MFR, SAN, FNIALS, FICMC, DiplCArb, FNICArb, FCIArb, C.Arb. (Of Lincoln’s Inn, Barrister/Life Bencher) Shettima Ilmuye of Borno, Sardauna of Uba, Bobajiro of Akure Kingdom and Okwulora of Ukpo Chairman, Mentoring Committee of the Body of Benchers of Nigeria On behalf of The Body of Senior Advocates of Nigeria (BOSAN) 

At the Valedictory Session of the Supreme Court of Nigeria in Honour of Honourable Justice Musa Dattijo Muhammed, JSC, CFR Held on  Friday, 27th October, 2023

“Often when you think you’re at the end of something, you are at the beginning of something else.” – Fred Rogers

1. PROTOCOL

2. INTRODUCTION
It is a great privilege and honour to deliver this address at today’s Valedictory Session, on behalf of the Body of Senior Advocates of Nigeria (BOSAN), in honour of a trailblazer, renowned for his virtues of honesty and cerebral sagacity, Hon. Justice Musa Dattijo Muhammed, JSC, CFR; who is retiring at 70 years after an admirable and meritorious service at the Supreme Court of Nigeria. Today, for the Honoree – Hon. Justice Musa Dattijo Muhammed, the curtain falls on a glorious career of 43 solid years on the Bench. Reflecting on the ageless wisdom of the Holy Books, the Bible in Ecclesiastes 3:1-8 provides that for everything there is a season, and a time for every purpose under heaven. Similarly, the Quran provides in Surah Ra’d 13:38 that for everything there is a time prescribed. My Lord, indeed today is undeniably yet another significant milestone in your life. It is the time you retire and retire meritoriously without any dent, blemish or scar. 

3. THE EARLY LIFE OF HONOURABLE JUSTICE MUSA DATTIJO MUHAMMED, JSC, CFR
The renowned jurist was born on 27th October, 1953 in Chanchaga Local Government Area of Niger State. His Lordship attended Sheikh Sabbah College (now Sardauna Memorial Secondary School), Kaduna from 1967-1971 where his Lordship obtained his West African School Certificate. From 1971-1973, his Lordship attended the Abdullahi Bayero College (now Bayero University) and obtained a Pre-Degree Certificate. Following the completion of his Lordship’s studies at Abdullahi Bayero College, his Lordship proceeded to pursue a degree in law at the prestigious Ahmadu Bello University and graduated with an LLB (Hons) in 1976. In the same year, his Lordship attended the Nigerian Law School, Lagos campus and was called to the Nigerian Bar in 1977. In a quest to gain additional knowledge, his Lordship obtained an LLM from Warwick University, United Kingdom in 1983. Furthermore, his Lordship obtained an Advanced Certificate in Practice and Procedure in 1983 from the Institute of Advanced Legal Studies, Lagos.

His Lordship is an astute career jurist having risen through the ranks from a Registrar to the Justice of the Supreme Court of Nigeria. His Lordship started his legal career as a Higher Registrar of the High Court of Justice, Minna in 1976. In no time, his Lordship was appointed as Magistrate Grade II in 1978 where his Lordship served commendably and was subsequently promoted to Senior Magistrate Grade II then Chief Magistrate Grade II in 1982 and 1984 respectively. In recognition of his Lordship’s many years of meritorious national service, his Lordship was appointed as a Judge of the High Court of Justice, Niger State in 1989. Between 1991-1993 his Lordship served on multiple occasions as a member and subsequently as the Presiding Judge of various Niger State Election Petition Tribunals. In 1998 his Lordship was elevated to the Court of Appeal and following a laudable service, his Lordship was appointed as the Presiding Justice of the Court of Appeal, Sokoto Division in 2009. Thereafter, his Lordship was transferred to the Port-Harcourt Division of the Court of Appeal as the Presiding Justice in 2010. In 2012 his Lordship was appointed as a Justice of the Supreme Court where he served with integrity, hard work and resilience till date. 

4. THE LEGACY OF A QUINTESSENTIAL AND ASTUTE JURIST
Your Lordship’s colleagues, members of the legal profession and the larger society, have all met here today to tell your Lordship’s story once more. We have gathered, not only because it has become conventional to do so, but because we want to openly acknowledge and appreciate the remarkable contributions your Lordship has made to our profession, jurisprudence and the institutions of justice during your Lordship’s time in service. I will borrow from the wisdom of the great philosopher, Socrates, who aptly summarized the essential qualities of a good judge. Socrates said: “Four things belong to a judge: To hear courteously; to answer wisely; to consider soberly; and to decide impartially.”

These words remain as true today as they were when Socrates first spoke them more than 2,400 years ago and they are the very qualities that best describe Hon. Justice Musa Dattijo Muhammed. Your Lordship epitomized the integrity that cannot be compromised even in the face of adversity. Like all great men, your Lordship is a man of unrivaled wisdom, unquenchable thirst for knowledge and passion for substantial justice.

With a radical stance for justice and rule of law, your Lordship has immensely contributed to Nigeria’s jurisprudence as evidently demonstrated in your Lordship’s landmark judgments which solidified numerous principles of law on various issues. Indeed, your Lordship has set the pace for generations to come. As a result of your Lordship’s uncommon dedication, tenacity, teamwork, intelligence and hard work, your Lordship has achieved an uncommon level in his professional career that God in his infinite wisdom reserves for just the selected few.  On an occasion such as this, it is customary to review and acknowledge the strides and efforts of the honoree. We do this to show that sheer grit, tenacity, and readiness to make sacrifices are virtues worthy of emulation and very much fashionable. Even still, in our present generation, borrowing from the wisdom of Mahatma Gandhi:

“Satisfaction lies in the effort, not in the attainment”.
If we take it a step further, imagine a life filled with efforts, and regaled in attainment. Such is the professional life of Hon. Justice Musa Dattijo Muhammed, a life filled with efforts and attainment.

After reading Hon. Justice Musa Dattijo Muhammed’s profile, I am convinced that his Lordship’s life story should serve as an inspiration for all of us especially the younger members of our noble profession of both the bench and bar who need role models for guidance. Although the honour measured in time, given by this occasion to reflect on Hon. Justice Musa Dattijo Muhammed’s achievements in our legal jurisprudence may not be sufficient, it is imperative to mention that his Lordship has made significant contributions to the development of the law and advancement of our legal system. His Lordship’s decisions demonstrated clarity and precision of thought, as well as capacity to use the law as a tool for substantial justice rather than dwell on technicality which serves as a hindrance to the rights of the aggrieved. His Lordship’s judgments were always rooted in law and wisdom. We must not forget his Lordship’s lifelong interest in using the legal system to promote social stability and development. 

As a Jurist, his Lordship was inclined towards substantial justice rather than technicalities as can be seen in numerous Appeals that His Lordship sat on. One of them is the case of Thomas v. Federal Judicial Service Commission reported as (2016) LPELR-48124(SC) where His Lordship, on effect of an application brought under a wrong Order or rule of Court, held that the requirement that parties state the rules of Court by virtue of which they assert a relief is technical and merely prescribes procedural steps for the guidance of the parties and the Court. In that case, His Lordship reiterated that the essence as a Court is to do substantial justice and that once a remedy is provided for by any written law and it is properly claimed by a party, the remedy cannot be denied the party simply because he has wrongly stated the Rule of Court under which the relief is sought. His Lordship was indeed an exceptional jurist.

I had the privilege to mentor his Lordship’s daughter, the brilliant and well behaved Fatima Musa Dattijo Muhammed, who worked briefly at my firm, J-K Gadzama LLP. Fatima is currently doing well within the profession and I am pleased that she went through the firm and the firm went through her. Along with the members of the legal profession, both of the Bar and Bench, I have followed with admiration his Lordship’s journey through the bench. His Lordship is a father, role model and mentor to me and has been an indefatigable lion in the temple of justice. I have also had the honour of appearing before his Lordship at the Supreme Court on numerous occasions. 

5. BODY OF SENIOR ADVOCATES OF NIGERIA (BOSAN)
Let me also use this opportunity to restate BOSAN’s usual cooperation with the Judiciary and commitment to the enhancement of administration of justice in Nigeria. BOSAN can always be counted on as partners in progress as we will continue to contribute our quota to the success of the Judiciary and the nation at large. 

6. NATIONAL JUDICIAL COUNCIL (NJC)
Furthermore, on behalf of BOSAN, it is crucial that I impress on the NJC on the urgent need to expedite the process of appointment of additional Justices to the Supreme Court in order not to overburden my Noble Lords who are still in active service to this nation particularly considering the volume of litigation dockets at the Supreme Court and the number of Justices attending to them. The need to appoint additional Justices is very imperative now than ever because this is an election year and the Supreme Court will have numerous election matters which are time bound to attend to. 

Admittedly, there is no provision for the minimum Justices which the Supreme Court can have per time as section 230(2) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) only provides that the Supreme Court can have such number of Justices not exceeding twenty-one, as may be prescribed by an Act of the National Assembly. However, there is no gainsaying the fact that the present 10 Honourable Justices at this apex Court who are already overburdened will be further overburdened. I therefore vehemently appeal to the relevant authorities to urgently look into this and take immediate necessary steps to address this issue of national importance.

7. JUDICIARY
I must not conclude this address without applauding the Justices of the Supreme Court of Nigeria for addressing the appeals emanating from the decision of the Presidential Election Tribunal Court (PEPC) in good time. It is paramount and impressive that this matter has been put to bed timeously. It will also not be out of place to use this occasion to reemphasize and remind political players, members of the public and legal practitioners on the need to accord respect to the Judiciary. All the political players in our democracy must give the Judiciary the needed support to work and perform their judicial functions without intimidation and harassment. Members of the public are enjoined to be circumspect with how they criticize the decisions of the Court and talk down on the Judiciary and any attempt, whether direct or indirect, to intimidate, cow and/or suppress the Judiciary must be condemned and discouraged in all ramifications by all well-meaning Nigerians. However, this does not restrain, prohibit or preclude lawyers, researchers or academics from constructively analyzing or criticizing the decisions of the Court.

For our Judicial Officers, courage, probity and independence should be indispensable attributes. It is in the interest of the society at large, that our laws are interpreted and decisions given in line with current realities and developments. Law, they say by its nature, is not static but dynamic. If I may borrow the words of the Master of the Rolls, Lord Denning in Parker v Parker (1953) 2 All ER 121: “If we never do anything because it has not been done before, we shall never get anywhere. The law will stand still while the rest of the world goes on, and that will be bad for both.”

8. CONCLUDING REMARKS
As rightly stated by Abraham Lincoln:
“And in the end it’s not the years in your life that count. It’s the life in your years”.

It is only appropriate that I conclude this address by congratulating his Lordship on the ability to promote discipline in the legal profession during his Lordship’s tenure on the Bench. His Lordship consistently advocated for legal practitioners to maintain the highest moral standards in order to earn the public’s trust and preserve the integrity of our profession. By this occasion, the reality has now dawned on us that we will no longer enjoy and benefit from the services of his Lordship on the bench as he bows out of the judiciary. We are forced to ask – why do all good things have come to an end?

On behalf of BOSAN, My Lord, please accept my congratulations once more. The legal profession, judiciary and Nigeria as a whole will undoubtedly miss your passionate drive for justice. We pray that the Almighty God bless you with a longer and happier life, overall wellness, and a more cheerful disposition for the rest of your life. Now, your Lordship will have the time to record his life experiences in a biography or autobiography for the benefit of future generations and it is our collective hope that your Lordship will continue to offer his wise counsel and services to our nation and the legal profession in the years to come. In the wise words of Melante Benjamin:

“What very mysterious things days were. Sometimes they fly by, and other times they seem to last forever, yet they are all exactly twenty-four hours. There’s quite a lot we don’t know about them.”

Thank you all for listening and God bless us all.

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‘CHIEF REGISTRAR EARNS MORE THAN SUPREME COURT JUSTICES,’ SAYS DATTIJO

The retiring Justice of the Supreme Court, Justice Musa Dattijo Muhammad has revealed that the Chief Registrar of the court earns more than justices of the apex court, describing the situation as “unjust and embarrassing.”

Speaking at a valedictory session organized in his honour by the Supreme Court, Justice Muhammad also decried the exclusion of the South East and North Central from the apex court bench by the non-replacement of retired or deceased jurists.

He noted that while the Judiciary budget has increased over the years, service delivery continues to decline.

His words: “It may interest one to know that the Chief Registrar of the Supreme Court earns more than the Justices. While she earns N1.2m per month, justices take home N751, 000 in a month.

“The CJN on his part takes home N400, 000 plus. The salary of a Justice, curiously, drops rather than increases when he gets the added responsibility of being a CJN.

“That the unjust and embarrassing salary difference between the justices and the Chief Registrar still abides remains intriguing to say the least.”

He noted that it was allegations of corruption and perversion of justice that informed President Muhammadu Buhari’s decision to order the invasion of homes and arrest of some judges in 2016.

“Not done, in 2019 the government accosted, arrested and arraigned the incumbent Chief Justice before the Code of Conduct Tribunal for alleged underhand conduct.

“With his retirement apparently negotiated, he was eventually left off the hook.

“In 2022, a letter signed by all other justices of the Supreme Court, including the current Chief Justice, the aggrieved protested against the shabby treatment meted to them by the head of court and the Chief Registrar.

“In the event, his lordship Ibrahim Tanko Muhammad disengaged ostensibly on grounds of ill-health.

“My lords, distinguished invitees, ladies and gentlemen, it is obvious that the judiciary I am exiting from is far from the one I voluntarily joined and desired to serve and be identified with. The institution has become something else,” Justice Muhammad lamented.

On funding and independence of the Judiciary, the retiring justice bemoaned that though the budgetary allocation for the Judiciary increased from 70 billion that it was in 2015 to 165 billion presently, “Justices and officers welfare and the quality of service the judiciary render have continued to decline.”

Justice Muhammad, who spent over 40 years in active judicial service, bowed out of the apex court bench on Friday, having clocked the 70 years mandatory retirement age.

He used the opportunity of a valedictory session that was organised in his honour by the Supreme Court, to address what he observed as rot in the judiciary that have continued to affect the justice delivery system in the country.

“Through the years, I rose to become the second most senior justice of the country’s apex court and Deputy Chairperson of the National Judicial Council.

“Considering the number of years I have spent in judicial service and the position I have attained by the grace of the Almighty, I feel obligated to continue the struggle for reforms for a better Judiciary and would be leaning on the earlier submissions of those who had exited before me,” Justice Muhammad stated.

He maintained that the judiciary, as presently structured, gave so much power to the CJN who he said usually take decisions without consulting other justices.

“As presently structured, the CJN is Chairman of the NJC which oversees both the appointment and discipline of judges, he is equally Chair of the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI), the Legal Practitioners Privileges Committee (LPPC) that appoints Senior Advocate of Nigeria.

“In my considered opinion, the oversight functions of these bodies should not rest on an individual alone. A person with absolute powers, it is said, corrupts easily and absolutely.

“As Chair of NJC, FJSC, NJI and LPPC, appointments as council, board and committee members are at his pleasure. He neither confers with fellow justices nor seek their counsel or input on any matter related to these bodies. He has both the final and the only say.

“The CJN has power to appoint 80 percent of members of the council and 60 percent of members of FJSC. The same applies to NJI and LPPC.

“Such enormous powers are effortlessly abused. This needs to change. Continued denial of the existence of this threatening anomaly weakens effective judicial oversight in the country,” he added.

On the current composition of the bench of the apex court, Justice Muhammad alleged that the refusal to fill the vacant slot of South East on the apex court bench, was deliberate, blaming it on “absolute powers vested in the office of the CJN.”

He further stressed that with his retirement, the North Central zone which he represented, would no longer have a Justice on the Supreme Court bench.

“My lord Hon. Justice Ejembi Eko JSC who also represented the zone retired on 23rd of May, 2022. It has been a year and five months now. There has not been any replacement.

“With the passing of my lord, Hon. Justice Chima Centus Nweze, JSC on 29th July 2023, the South East no longer has any presence at the Supreme Court. My lord, Hon. Justice Sylvester Nwali Ngwuta JSV died on 7th March 2021. There has not been any appointment in his stead for the South East.

“As it stands, only four geo-political regions- the South-West, South-South, North-West and North-East are represented in the Supreme Court.

“While the South-South and North-East have two serving justices, the North-West and South-West are fully represented with three each.

“Appropriate steps could have been taken since to fill outstanding vacancies in the apex court. Why have these steps not been timeously taken?

“It is evident that the decision not to fill the vacancies in the court is deliberate. It is all about the absolute powers vested in the office of the CJN and the responsible exercise of same,” the retiring jurist added.

On the issue of membership of the panel that heard the presidential election appeals by candidates of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar and the Labour Party, LP, Mr. Peter Obi, Justice Muhammad, said:

“To ensure justice and transparency in presidential appeals from the lower court, all geo-political zones are required to participate in the hearing.

“It is therefore dangerous for democracy and equity for two entire regions to be left out in the decisions that will affect the generality of Nigerians.

“This is not what our laws envisage. Although it can be posited that no one expected the sudden passing of Hon. Justice Nweze JSC, yet, it has been two years and seven months since previous justice from South-East died and no appointment was made.”

Meanwhile, earlier in the ceremony, the CJN, in his speech, paid glowing tribute to the retiring jurist who he described as a “quintessential Judicial icon with dazzling qualities and alluring stature.”

“His Lordship is one judicial officer that could be blunt, even to a fault; and is never known to be afraid to say things the way they are; and also never shies away from calling a spade by its name, irrespective of whose ox is gored,” the CJN stated.

He decried that with Justice Muhammad’s exit, the apex court bench has further depleted to 10.

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SOLAR4ALL: SIR OLUWABIYI IS OUR ‘START CLIENT OF THE WEEK’

SIR. EMMANUEL S. OLUWABIYI, ESQ, PNM (NBA Abuja Branch) is our “Star Client of the week”.

Called to the Bar in 1989, Sir. Oluwabiyi is one of the most respected Senior members of NBA Abuja Branch, with a stellar record of serving the Bar meritoriously in different capacities.

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The Solar For All Abuja/Northern team are grateful to have been hosted twice by the outstanding Senior Lawyer, Pastor, and father of Lawyers. First in his Office and now at his home.

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This ensures steady power supply and reduces power cost by at least half, such that within the first two years of installation, Sir. Oluwabiyi would have recovered his total cost of installation from his savings.

Born on 22nd day of November, 1964, Sir Oluwabiyi, an ordained Pastor of Living Faith Church Worldwide (aka Winners’ Chapel), preaches and teaches the Word of God with passion, is a man of integrity. Married to Mary Adesola Oluwabiyi, a Quantity Surveyor, they are blessed with four children, two of whom are lawyers.

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BREAKING: FORMER EFCC CHAIR, IBRAHIM BAWA FREED BY DSS

The Department of State Service (DSS) Wednesday evening freed Abdulrasheed Bawa, the former chairman of the Economic and Financial Crimes Commission (EFCC).

“DSS confirms release of former EFCC chairman, Abdulrasheed Bawa, a few hours ago (today 25th October, 2023),” DSS said in a statement.

Bawa reunited with his family amid celebration shortly after his release from DSS custody after 134 days in detention.

The former EFCC chairman was arrested by the DSS in mid-June following his suspension by President Bola Tinubu.

Although DSS spokesman Peter Afunanya said Bawa arrived DSS office to honour an ‘invitation’, he was not allowed to leave until after four months.

Afunanya said the ‘invitation’ by the Nigerian secret police relates to some investigative activities concerning Bawa’s tenure as EFCC chairman.

The Presidency and the DSS did not disclose the outcome of its investigation on Bawa as of the time of filing this report.

Bawa’s removal from office follows a similar pattern that previous EFCC heads – Ibrahim Magu, Ibrahim Lamorde and Farida Waziri – have been in recent times.

President Tinubu, a week ago, appointed a new EFCC chairman Ola Olukoyede to replace Bawa.

The Nigerian Senate confirmed Olukayode as chairman and Muhammad Hammajoda as the Secretary of the anti-graft agency.

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AFAM OSIGWE CELEBRATES BIRTHDAY, DELIVERS ANAH ANNUAL LECTURE

This year’s event has as its theme, “Practice Management: The Heartbeat of Every Impactful Legal Career.” The colloquium was held at the exquisite Presidential Hall, C. J. Patterson Building, All Saints Cathedral, Onitsha, Anambra State.

Osigwe’s thought-provoking and enlightening discourse  dwelt on the topic, “Advertising: Navigating Today’s Realities with the Current Statutory Provisions of Professional Ethics.”

The former Nigerian Bar Association (NBA) General Secretary dissected the intricate dynamics of legal practitioners’ conduct as it relates to promoting their services and attracting clientele.

The central focus of Osigwe’s discussion lay in scrutinizing the rules of professional conduct governing legal practitioners. He examined the guidelines and shed light on what lawyers are permitted to do, and perhaps more crucially, what they are prohibited from doing, in their quest to garner business and build thriving legal careers.

In emphasizing the need for lawyers to maintain ethical standards in the course of practice, Osigwe noted that that even though legal practitioners in practice are engaged in legal business, they are not business people.

His words: “We are part of a profession that has a special obligation to our clients, to the courts, to society, and to the higher cause of justice. Business people do not have such obligations. We do.

“In promoting our legal practice we must ensure that we observe the highest ethical standards in the profession. It should not be an anything-goes situation. To successfully run a practice like a business, one must be an entrepreneur who must act ethically at all nights and refuse to allow the urge to run a profitable practice to enmesh him or her in unethical conduct.”

In a world where the legal landscape is evolving rapidly and the lines between ethical promotion and overzealous advertising can blur, Osigwe’s insights provide a valuable compass for legal professionals navigating the complexities of contemporary legal practice. His presentation at the C. O. ANAH SAN Memorial Colloquium undoubtedly enriched the legal community’s understanding of these critical issues and reinforced the importance of upholding professional ethics in the pursuit of a successful legal career.

TINUBU: SUPREME COURT TO DELIVER JUDGMENT ON OBI, ATIKU APPEALS TOMORROW

The Supreme Court has fixed Thursday for the judgment on the appeals by the presidential candidates of the Peoples Democratic Party, Atiku Abubakar, and the Labour Party, Peter Obi, respectively.

The duo is praying the apex court to set aside the judgment by the presidential election tribunal which affirmed the election of President Bola Tinubu.

According to a Hearing Notice obtained by CITY LAWYER, the judgment on the appeals had been scheduled for tomorrow.

The last proceeding on Monday the apex court reserved judgment on the two appeals for a date to be communicated to the parties.

Apart from faulting the verdict of the Presidential Election Petition Court( PEPC), which affirmed Tinubu’s election, Atiku Abubakar also filed for permission to tender a copy of Tinubu’s academic records released by the Chicago State University( CSU), USA, which he said showed that Tinubu submitted a forged CSU certificate to the Independent National Electoral Commission(INEC).

The former vice president is also seeking to get a Washington, D.C. court to order the FBI to release documents on President Tinubu’s $460,000 forfeiture case.

While the Labour Party and its presidential candidate,Obi is seeking the quashing of judgment of the lower court.

The lead counsel to Obi and his party, Dr. Livy Uzoukwu (SAN) had prayed the Apex Court to allow the appeal and set aside the judgment of the lower court, Abubakar Mahmoud, Olanipekun and Olujimi, representing INEC, Tinubu, Vice President Kashim Shettima and the APC, urged the court to dismiss the appeal for lacking in merit.

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LIMITS OF THE SUB JUDICE RULE, BY ONIKEPO BRAITHWAITE

The Limits of the Sub Judice Rule

Definition of Sub Judice
Lately, the term ‘Sub judice’ has been flying around. It is actually pronounced ‘sub-joo-di- see’, and not ‘sub-joo-diss’ as Nigerians love to mispronounce it! It’s a Latin term which simply means, ‘under judgement’. Black’s Law Dictionary defines the term as, “Before the Court or Judge for determination”.

The First Leg of the Definition
The concept of sub judice has at least two legs to it (possibly more). Firstly, it prohibits the filing of a multiplicity of suits between the same parties on the same subject-matter – aka Forum Shopping! That is, when a matter is already before a court, the same matter should not be filed in another court, since it’s already sub judice. For one, it could result in conflicting decisions, which will do nothing more than cause confusion. This is an abuse of court process. In Okorodudu v Okoromadu 1977 3 S.C. 21, the Supreme Court cited the institution of a multiplicity of actions on the same subject-matter, against the same opponents on the same issues before one or more courts of competent jurisdiction, as an abuse of court process. Also see the case of Minister for Works v Tomas (Nigeria) Ltd 2002 2 N.W.L.R. Part 752 Page 740. Since the clamp down on forum shopping closer to the end of the tenure of the former Chief Justice of Nigeria, Hon. Justice Ibrahim Tanko Muhammad, GCON, the incidence of forum shopping seems to have reduced. The LPPC also sanctioned some Senior Lawyers, for partaking in forum shopping. During the season of the last general elections in 2019, the sub judice rule in that regard was breached with reckless abandon, as forum shopping was the order of the day.

The Second Leg of the Definition
Another leg of the concept of sub judice has to do with commenting on a case in court, in a manner that will either bring the court into disrepute or prejudice or undermine the court proceedings. See the case of Bello v AG Lagos State & Ors (2006) LPELR-7585(CA) per Clara Bata Ogunbiyi, JCA (as she then was). This other concept of the sub judice rule was formulated in 1742 by Lord Chancellor Hardwicke in the St James’s Evening Post case, in which two newspapers that published libellous articles claiming that a witness in an active case committed perjury, their action was described as a contempt of court “in prejudicing mankind against persons before the cause is heard”.

Our Own Sub Judice Rule: Section 33 of the Rules of Professional Conduct
Last week, we published a news story in which learned Senior Advocate and former NBA President, Dr Olisa Agbakoba, urged Lawyers to refrain from conducting media trials on ongoing cases, particularly President Bola Tinubu’s CSU matter which is now before the Supreme Court. However, contrary to Dr Agbakoba’s admonition, it appears that our own sub judice rule which is covered by Section 33 of the Rules of Professional Conduct for Legal Practitioners 2023 (RPC), is only directed at restricting Counsel who are trial Lawyers in the matter being publicised, and not all Lawyers or the general public, and prohibiting them from making extra-judicial statements “calculated to prejudice or interfere with, or is reasonably capable of prejudicing or interfering with the fair trial of the matter or the judgement or sentence”. The purport of this is that, fair comments by all, including trial Counsel, are allowed on an ongoing case, and what is not permitted is when trial Counsel make prejudicial or harmful extra-judicial statements, or those that can interfere with the fair trial of the matter, or are untoward like in the St James’s Evening Post case or in the current case of Atiku Abubakar, Peter Obi & Ors v Bola Ahmed Tinubu & Ors. In Akomolafe v Guardian Press Ltd 2004 1 N.W.L.R. Part 853 Page 1 at 17-18 per Aderemi, JCA, the Court of Appeal stated that fair comments are simply opinions on matters of public interest, but for it to be a viable defence they must be correctly and fairly stated, based on truth. If we were in the UK, Commentators would possibly have faced ex facie curiae contempt charges, while many Lawyers would have faced sanctions from their Disciplinary bodies for many of their unacceptable extra-judicial statements bringing the courts into disrepute, as well as contempt charges. In Nigeria, aside from trial counsel, there doesn’t seem to be much control on extra-judicial statements made by others, whether prejudicial, damaging (to the Judiciary) or even false.

The case of Atiku Abubakar, Peter Obi & Ors v Bola Ahmed Tinubu & Ors, is obviously a matter of serious public interest, and if my memory serves me right, the Petitioners’ Counsel had applied that the court proceedings be broadcasted live, an application which was refused by the PEPT. Nevertheless, the Petitioners’ Counsel still held press conferences after every Tribunal sitting, publicising the court proceedings, and also those pertaining to the CSU matter in USA even before any documents were obtained, thereby inviting Lawyers and the public to open debates and discussions on the case, and at the same time heating up the polity. One doesn’t have to be Einstein to conclude that, all this was orchestrated to prejudice and prejudge the matter, and put the Judiciary under pressure.For good measure, one of the authorities stating the conditions under which fresh evidence can be introduced on appeal, to create the wrong impression in the public eye that a court ‘has to’ admit fresh evidence (to obviously aid the Petitioner’s position in the CSU matter) was also circulated, that is, the case of Uzodinma v Izunaso (No. 2) 2011 17 N.W.L.R. Part 1275 Page 37. The actions of the Petitioners’ Counsel appear to be a breach of Section 33 of RPC, and by virtue of Section 74(1) thereof, amounts to professional misconduct punishable under Section 11 of the Legal Practitioner’s Act (LPA) (also see Sections 12 & 13 of the LPA). Additionally, the Petitioners’ legal team, even if it’s indirectly, have in more ways than one, facilitated the undermining of the PEPT proceedings, by enabling supporters and even the Petitioners themselves in making prejudicial statements and inciting the public against the Judiciary, as if to constrain the PEPT and now the Supreme Court to find for them, whether or not there are grounds to do so, now using this new American angle which appears to have no leg to stand on in our own jurisprudence as their weapon, and seems to be more like a tool of scandal and spreading odium and opprobrium instead. They really opened the doors, to the desecration of the Judiciary. Last Friday, former USA President, Donald Trump, in his civil fraud case, was held in contempt and fined $5,000 for violating a gag order by insulting a court staff on social media. In his upcoming trial for conspiracy to upturn the 2020 election, the trial Judge in that case has also placed gag order on Trump, ordering him not to publicly attack Prosecutors, court staff or potential witnesses ahead of the trial. We have had many attacks on the credibility of our Judiciary, since the inception of the Presidential Election Petitions case.

Our own sub judice rule appears to be a derogation provided for in Section 45 of the 1999 Constitution of Federal Republic of Nigeria (as amended in 2023)(the Constitution), from the right to freedom of expression (Section 39(1) of the Constitution), but only pertaining to trial Lawyers handling the cases making prejudicial extra-judicial statements. Also see Section 39(3) of the Constitution.

How Necessary is the Second Leg of the Sub Judice Rule in Nigeria?
How necessary is the sub judice rule pertaining to comments on an ongoing case, in a country like ours where we have trained judicial officers to hear and determine cases, as opposed to countries that have Jurors who are laymen untrained in the law, and can easily be swayed by public opinion? The fact that laymen make judicial decisions as Jurors, may be the reason why the sub judice rules in those climes are more expansive than ours. One definition of sub judice which I found in the Oxford Reference seems to point to the fact that the sub judice rule may be more geared towards a jurisdiction with a jury setting, as it states thus: “A rule limiting comment and disclosure relating to judicial proceedings, in order not to prejudge the issue or influence the jury”. In Nigeria the words have to be prejudicial, that is, harmful, in other climes, even if it is the correct position, as long as it prejudges the matter or influences the Jury, it appears that it is not permitted. In fact, in USA, sometimes Juries are sequestered during the trial, and not allowed access to any form of media.

Some may also argue that the rule is unnecessary, because any judicial officer worth his/her salt knows that there are laid down rules for delivering a good judgement; and so, whatever the public or even Lawyers who make a habit of conducting media trials on matters of public interest say, or even extra-judicial statements by trial Lawyers doubling as media trial Lawyers, should not matter. Truth be told, only a Lawyer having a bad day in court, particularly in a public interest case, would probably want to make harmful extra-judicial statements, to try to garner support from the unknowing public, knowing that they do not have the support of the law. It s trite law that a court can only decide a matter based on the admissible evidence placed before it, and not what media trial Lawyers or others say. In Mbani v Bosi & Ors (2006) LPELR-1853 (SC) per Walter Samuel Nkanu Onnoghen, JSC (later CJN), the Supreme Court held that the important element of a good judgement, is that it is a correct judgement based on the law and fact. Issues must be well distilled, evidence adduced properly evaluated, clear findings of facts made, and the law properly applied to arrive at the correct decision. See the case of NEPA v Ososanya 2004 5 N.W.L.R. Part 867 Page 601. Pleadings, and not the half truths that the public, including media Lawyers run with, should be the first port of call for a judicial officer on the road to handing down a good decision. The principle of ‘Stare Decisis’ is also there, as a guide.

Conclusion
My point? A good Judge who follows the laid down rules for delivering a good judgement, would not let external media trials prejudge a matter he/she is adjudicating upon or prejudice the judgement. However, I am sure that many of us will agree with that, in the present case of Atiku Abubakar, Peter Obi & Ors v Bola Ahmed Tinubu & Ors, whether the 1748 British sub judice rule or our own Section 33 of the RPC version, the rule has been breached in all its ramifications – with gusto, aplomb and relish. Caution has been thrown to the wind, and all kinds of comments, whether from the Petitioners’ Counsel or their proxies, or other Lawyers or the general public, or even the Petitioners themselves, whether appropriate and inappropriate, have been made concerning this matter that is now before the Supreme Court or under judgement.

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WORLD EXCLUSIVE: LPPC AWARDS SAN RANK TO APPLICANTS WHO FAILED FINAL TEST

When the ceremony for conferment of the coveted rank of Senior Advocate of Nigeria (SAN) holds on November 27, 2023, at least three SAN designates who failed to meet the 90 percent pass mark set by the Legal Practitioners Privileges Committee (LPPC) would be garbed with the silk robe, CITY LAWYER can authoritatively report.

Unimpeachable sources who are familiar with the screening process told CITY LAWYER that not only did the LPPC lower its cumulative 90 percent benchmark to award the prestigious rank to the three applicants, it may have taken on board the suggestion by the Nigerian Bar Association (NBA) that all the 57 advocates who went in for the final oral interview should be appointed.

This is coming against the backdrop of strident and prolonged efforts especially by the influential Body of Senior Advocates of Nigeria (BOSAN) to restore meritocracy and prestige to the SAN awards. The clamour led to reforms which culminated in the “2022 Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria and for Related Matters.”

It is recalled that the LPPC under the chairmanship of the Chief Justice of Nigeria, Justice Olukayode Ariwoola, had at its 159th plenary session held in Abuja appointed 57 advocates and one academic as Senior Advocates of Nigeria.

A high-ranking source, who participated actively in the screening of the applicants by the NBA General Purpose Committee (GPC) prior to the LPPC final oral interview, told CITY LAWYER that the association strongly canvassed in its report to LPPC that all 57 advocates who scaled the second filtration should be awarded the rank.

Confirming this position, another unimpeachable source told CITY LAWYER that the NBA urged that all applicants who scaled the chambers inspection should be given the award irrespective of their performance at the final oral interview.

It was unclear at press time whether NBA’s recommendation swayed the LPPC to lower its benchmark for the below-par SAN designates, even as CITY LAWYER gathered that at least one of the SAN designates may have scored as low as about 80 percent, 10 percentage points off the cumulative 90 percent pass mark.

CITY LAWYER recalls that BOSAN had written to then Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad via a letter dated September 21, 2021, and signed by Prof. Ben Nwabueze (SAN), Chief Folake Solanke (SAN), and Mr. Seyi Sowemimo (SAN), expressing its concerns on the declining standards in the SAN awards process. This quest contributed to the issuance of the 2022 SAN Guidelines aimed to reform the awards. The 2023 SAN awards exercise is the first test of the implementation of the 2022 Guidelines.

The 2022 Guidelines provides in Article 1 that “The award of the rank of Senior Advocate of Nigeria (SAN) is a privilege conferred as a mark of excellence on members of the legal profession ….”

Setting out the “principles” for the award of the rank which place premium on merit, the Guidelines state in Article 2(b) that “applications will be considered with merit as the primary consideration and without regard to ethnic origin, pedigree, physical disability, marital status, age, religious belief, political views or affiliations.”

Article 24 of the Guidelines deals with “Interview of Shortlisted Candidates,” while Article 24(4) sets out 9 items and their corresponding attainable scores, totaling 100 percent. These include comportment, integrity, quality of presentation, general knowledge of law, and contribution to development of law.

The top-ranking NBA-GPC official told CITY LAWYER that the NBA screening exercise “was very successful. All the candidates distinguished themselves and were all recommended. We had recommended the candidates, having scored them highly. The prerogative of award usually lies with the LPPC. We wish them luck at the interview of the LPPC.” 

Speaking after the LPPC announced its final shortlist, the source said: “We were glad the LPPC accepted our recommendations and all the applicants in the advocates category were awarded the rank. We thank God for his mercies.”

When CITY LAWYER contacted Hajo Bello, the Chief Registrar of the Supreme Court and Secretary of the Legal Practitioners Privileges Committee via a text message, she responded tersely: “I am not privileged to be answering your questions. You may write officially.” Though CITY LAWYER requested an email address to send in an enquiry, the LPPC Secretary had not responded at press time.

Also, efforts to access the LPPC through its official website (https://lppc.gov.ng/) proved abortive as the website is inactive. The website through which the Committee received applications for the awards (https://lppconline.com/) also has no information on its advertised “Contact” link.

It is recalled that controversies have trailed award of the SAN rank over the years, leading BOSAN to canvass that the awards should be paused to allow for reforms. This led to the 2022 Guidelines which sought to tighten the award process and make it more credible and devoid of controversies.

Meanwhile, applicants from the South West Zone dominate this year’s award list, taking the lion’s share of 19 slots. While South East took the second position with 12 slots, it is closely followed by North Central with 10 slots and South South with 8 slots. North West had three slots on the awards list while North East brought the rear with only two SAN designates.

The BOSAN letter to then Chief Justice of Nigeria, who statutorily doubles as Chairman of the influential LPPC, was titled “RE: LEGAL PRACTITIONERS PRIVILEGES COMMITTEE’S LISTING OF 130 LAWYERS AS SHORTLISTED IN THE PROCESS FOR CONFERMENT WITH THE RANK OF SENIOR ADVOCATE OF NIGERIA FOR THE YEAR 2021: REITERATION OF THE BODY OF SENIOR ADVOCATES OF NIGERIA’S (BOSAN) STRONG NOTE OF CONCERN ON THE QUALITY OF THE PROCESS AND PROCEDURE FOR THE CONFERMENT OF THE RANK.” Mr. Abubakar Malami, then Attorney-General and Minister of Justice, was copied on the letter.

The letter reads: “It is not willy-nilly that all candidates that meet the set criteria should be appointed in any given year, as such an approach cannot but result in the degradation of the rank. It is those that prove to be outstanding within the shortlist that should be conferred with the rank. This is the time-honoured rule applied in relation to admissions to all reputable institutions in situations where competition is high and spaces are limited and where it would be inappropriate to accommodate all those persons who appear to have met the criteria.

“There is even a greater need for more stringent approach in cases where appointments are to be made on the basis of academic accomplishments.”

According to BOSAN, “It has now become necessary that we reiterate, respectfully, the concerns raised in the body’s earlier letter. The members of the Inner bar are concerned that the current procedure and criteria for the conferment of the rank of Senior Advocate of Nigeria would result in a watered-down perception of the rank of Senior Advocate of Nigeria. We are also of the considered opinion that it is imperative that the Committee pauses and reassesses the procedure and criteria for the conferment of the rank of Senior Advocate of Nigeria as we fear that that (sic) the process could be reduced to a ‘mere compilation and submission of the listed documentation’ in the next few years, with no attention to excellence or distinction in the practice of law.

“In light of this, we write to reiterate our earlier recommendation that the conferment of the rank of Senior Advocate of Nigeria be put on hold to enable the Committee to conduct and publish a credible and comprehensive review of the process for the conferment of the rank of Senior Advocate of Nigeria.”

Pledging its support of the review process “in any way possible” and as a “dominant stakeholder” in the entire exercise, the body advised that the review process “should re-evaluate the criteria, guidelines and administrative processes leading to the selection, including the personnel at the SAN/LPPC Administrative Secretariat/Department, proper pre-screening of applicants, competitive processes and independent assessment free of lobbying, all geared towards attaining and sustaining continuous improvements and retaining the dignity, respect and reverence of the prestigious rank of Senior Advocate of Nigeria and the legal profession in general.”

It noted the urgency of its Save-Our-Soul letter, adding: “We would like to point out that a comprehensive review of the screening process is an urgent and necessary step to retain the dignity, respect, and reverence of the prestigious rank of Senior Advocate of Nigeria and the legal profession in general. The Body of Senior Advocates of Nigeria is still committed to providing its expertise and support at every stage of the review process and we are anticipating positive feedback and implementation of the recommendations in this letter.”

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SOLAR4ALL: DR. IKENNA ANYANWU (NBA ABA) IS OUR ‘STAR CLIENT OF THE WEEK’

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TINUBU: SUPREME COURT TO HEAR OBI, ATIKU APPEALS MONDAY (NOTICE)

The Supreme Court will on Monday, October 23, 2023 begin hearing of the appeals by Mr. Peter Obi and Alhaji Atiku Abubakar on the tribunal judgement that affirmed President Bola Tinubu’s victory in the February 25 presidential election.

CITY LAWYER gathered that hearing notices for the appeals were sent to the legal teams of the presidential candidates today.

Obi, the presidential candidate of the Labour Party, filed an appeal at the Supreme Court seeking to overturn the judgement of the Presidential Election Petition Court (PEPC) affirming Tinubu’s election.

Another appeal was filed by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, challenging the PEPC’s verdict which was delivered on September 6, 2023.

Obi and Atiku had filed separate petitions at the PEPC accusing Nigeria’s electoral umpire, INEC, and Tinubu of electoral malpractices. They contested Tinubu’s qualification to stand for election and urged the PEPC to set aside the election.

But the court, in its decision, held that they failed to substantiate their claims of electoral fraud against INEC and the president.

In his notice of appeal dated September 19, Obi’s lead counsel, Livy Uzoukwu, predicated his client’s appeal to the Supreme Court on 51 grounds, stating that the five-member panel of the Presidential Election Petition Court led by Haruna Tsammani “erred in law and thereby reached a wrong conclusion” when it dismissed Obi’s suit.

Obi argued that the lower court’s conclusions caused “grave miscarriage of justice” when it held that Obi did not identify the specific number of votes he polled at polling units where he accused INEC and Tinubu of suppression of votes.

ETIABA DENIES ACCUSING DODO, TRIBUNAL JUDGES OF CORRUPTION, APOLOGIZES

A senior lawyer, Echezona Etiaba (SAN) has expressed regrets over the misinformation arising from a session at the Imo State Assembly and National Assembly tribunal sitting in Lagos, wherein he allegedly accused Mr Damian Dodo (SAN) and the judges of corruption.

In a statement, the lawyer explained that at no time during the sitting did he insinuate that Dodo bribed the judges, noting that the situation never arose since the senior lawyer (Dodo) wasn’t even a counsel in the case.

A report by a national newspaper had indicated that the All Progressives Congress (APC) counsel, Etiaba presented two petitions allegedly written by his clients accusing the three-member panel of being compromised.

It also accused Dodo , whom the report alleged to be counsel for one of the appellants of being the conduit to reach the panel headed by Justice Danjuma Mohammed, the presiding judge of Makurdi Division of the Court of Appeal.

But Etiaba who described Dodo as a man of unblemished legal record, stated that he did not mention the content of the said letter, let alone accuse anybody of bribery.

“My attention has been drawn to a news item titled: “Chaos at the Court of Appeal, Lagos”. The only thing correct about the trending news is that I drew the court’s attention to a letter written by our client, (a political party) but the insinuation that the respected Damian Dodo SAN (a legal luminary whose pedigree is unblemished) compromised the Justices of the Court of Appeal on the appeals is an allegation that I don’t believe.

“As much as the letters were handed to me while I was announcing the appearance of my team and I had no time to read same, upon being seized of the facts, I knew that the allegations do not hold water.

“I state categorically that Damian Dodo (SAN) is not representing any of the parties in the appeals before the Honourable Court as regards Hon. Ugochinyere Ikeagwuonu and the justices had just been assigned the cases that morning, thereby making any theory of compromise impossible.

“The embarrassment caused My Lords and my big brother, Damian Dodo (SAN) by this ugly incident is regretted.” 

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IMO TRIBUNAL: ‘MY HANDS ARE CLEAN,’ SAYS DODO

A Senior Advocate of Nigeria (SAN), Mr. Damian Dodo, has denied any complicit involvement with the Court of Appeal justices handling the Imo State House of Assembly and National Assembly election cases in Lagos.

In a statement, the renowned lawyer said he was not a counsel in the appeal before the tribunal, describing the imputations that he compromised the judges as untrue, wicked and malicious, and calculated to embarrass him and the panel of Justices.

A report by a national newspaper had indicated that the All Progressives Congress (APC) counsel, Echezona Etiaba (SAN) presented two petitions allegedly written by his clients accusing the three-member panel of being compromised.

It also accused Dodo, whom the report alleged to be counsel for one of the appellants of being the conduit to reach the panel headed by Justice Danjuma Mohammed, the presiding judge of Makurdi Division of the Court of Appeal.

Other members of the panel are Justice Peter Affen from Yola Division and Justice Asmau’u Musa Mainoma, who is one of the newly appointed justices to the Court of Appeal.

However, in a statement, Dodo stated that he had never met any of the parties in the said appeal, stressing that even if he had, he would never attempt to bribe any judge.

He noted that the petition was never served on him, and he never sighted same, and was therefore shocked and horrified by the audacity of the false, ridiculous, absurd, and callous allegations made against him and their lordships.

“I categorically deny all the allegations in the said petitions as being false, wicked, untrue, malicious, and calculated to embarrass the panel of Justices and myself.

“In the first place, I was neither a party nor counsel in the appeal and I do not know and have not met any of the parties in the said appeal. Even if I was a party or counsel in the appeal, I would not have in any way sought to compromise the panel or exert any influence to secure a favourable judgment for my client,” Dodo stated.

Noting that he had been in the legal practice for 37 years and had always endeavoured to carry on the practice in accordance with the highest ethical standards of the legal profession, the senior lawyer said that he had never sought to influence the outcome of any case beyond his legitimate professional efforts.

“In the same vein I have never offered a bribe or sought to bribe any judicial officer to obtain a favourable judgment for any client in all the years of active legal practice, and I never will, in this life or the next.

“It is out of character for me to brag about anything, let alone brag about some phantom governors giving any kind of assurances about the outcome of a matter in which I was not a counsel to any party on record.

“I am therefore shocked and horrified by the audacity of the false, ridiculous, absurd, and callous allegations made against their Lordships and myself,” he explained.

While expressing his sympathy with their lordships on the panel who he said had been scandalised by this most virulent and vile attack on their integrity, Dodo said the allegation was so horrendous that one of the Justices, he was told, broke down in tears.

“It is very sad for the profession. It is indeed a big shame. Regrettably, their lordships are in no position to openly defend themselves against these pack of lies from the pit of hell, beyond comments made in court. It is indeed very sad and most unfortunate.

“I expect that the petitioner will step out to substantiate the allegations in the investigation to be carried out or face the full consequences of his malevolent, wicked and inhuman attack against their lordships and myself.

“At the very least, I expect Mr. Echezona Etiaba (SAN) to issue and publish an apology in the media for this most unfortunate event.

“Those who orchestrated this most horrific attack on the integrity of their lordships and myself will definitely face the wrath of Almighty God in this life and in the life hereafter. The attack was clearly a hatchet job.

“Let me conclude by offering to their Lordships my sympathies and prayers for God’s grace against unjustified and scurrilous attacks on their reputation and integrity, for which there can be no insurance. There can be no insurance against the wicked and extremely desperate,” he stated.

According to him, the strategy of the petitioner, his sponsors and collaborators was to truncate the hearing of the appeal on October 16, 2023.

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SOLUDO SET TO BOOST VIRTUAL COURTS IN ANAMBRA

NEWS RELEASE

The seamless integration of virtual court hearing facilities in Anambra State will enable the journey to a livable and prosperous homeland.

The Press Secretary to Governor Chukwuma Soludo, Mr. Christian Aburime, who stated this in a statement titled “Soludo: Transforming justice dispensation with technological innovation in Anambra State”, said the move will revolutionize the justice system and ensure timely and efficient resolution of criminal cases for the benefit of all Ndi Anambra.

He noted that the journey to transform the state into a livable and prosperous smart megacity as envisioned by Governor Soludo has continued in full throttle, adding that there cannot be a progressive society without an efficient, proper dispensation of justice, and that the Soludo administration has been intentional about implementing crucial judicial reforms.

He described the enhancements as significant forward leap in advancing the criminal justice system in Anambra, markedly reducing delays in proceedings, as no longer will cases be held up due to logistical challenges in transporting defendants from correctional centers to the courts, or from the courts to the correctional centers.

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‘WHERE IS ABDULRASHEED BAWA?’ ASKS CHIDI ODINKALU

Around 6 February 2005, John Githongo, Permanent Secretary in Kenya’s Presidency responsible for Governance and Ethics, resigned after only two years in the role. As Michaela Wrong narrates in her vicarious memoir of Githongo’s tenure, his resignation letter was transmitted from an anonymous grocer’s shop in London at the beginning of what turned out to be a three-year-long exile. He had fled the job “fearing he could be murdered.”

When he took up the position in 2003, Githongo had arrived with energy and ideas from a senior role in global corruption watch-dog, Transparency International. Corruption, he told Ms. Wrong, “could only be fought from the top.” The main lesson from his two years on the job, instead, appeared to be that fighting corruption was also most usually frustrated from the top.

Ngozi Okonjo-Iweala, who had her own run-ins with trying to keep the country on the tarmac as Finance Minister, titled her memoirs on public finance reforms: Fighting Corruption is Dangerous. The New York Times described Githongo’s experience as “a cautionary tale about the dangers of challenging a thoroughly corrupted system.” Such tales have become the staple of a succession of bedraggled tenures of chief executives of Nigeria’s leading anti-corruption institution, the Economic and Financial Crimes Commission, EFCC.

By some coincidence, the EFCC’s first Chairman, Nuhu Ribadu, took his job in the same year that President Mwai Kibaki appointed John Githongo to his position as the presumptive Czar of anti-corruption in the country. The year after his appointment, Ribadu reached an agreement with the Nigeria Police College, Ikeja, to train cadets for the EFCC. Among the graduates from the Course 1 Cadet cohort in 2004 was one Abdulrasheed Bawa.

The brief of the EFCC, meanwhile, ran up against constitutional design and cynical politics. Although the Commission is empowered primarily to ensure accountability through criminal prosecutions, ultimate control of that function under Nigeria’s constitution lies not with the Chairman of the EFCC but with the Attorney-General of the Federation and Minister of Justice, who sits in Cabinet, where the EFCC Chair does not. What the president gives to the EFCC Chair, he can take away by sleight of hand, a nod, or a wink in the direction of his Attorney-General.

Within two years at the beginning of the Millennium, Nigeria had created two anti-corruption institutions where one would easily have served. In 2000, President Olusegun Obasanjo first established the Independent Corrupt Practices and Other Related Offences Commission, better known as the ICPC, to fight routine bureaucratic malefaction.

But Nigeria was on the receiving end of sovereign stress from the Financial Action Task Force (FATF) for allegations of high profile international financial crimes involving a joint enterprise of private citizens and public institutions, which made the rehabilitation of the country’s international credit rather frustrating. Somewhat under international duress, therefore, President Obasanjo established the EFCC to help him create the impression that the country was serious about this problem. The motive for the EFCC, it seemed clear from inception, was both instrumental and performative. That was clear enough to the politicians who created it. Most of the leaders of the institution since, however, liked to pretend to the contrary.

The EFCC volubly advertises its relative success against the most notorious advance fee fraud syndicates but has proved entirely inept in bringing to account senior politicians, who have turned Nigeria into an object of abject pillage and plunder, often with the collusion of a succession of occupants of the office of the Attorney-General of the Federation.

Successive Chairs of the Commission have ended all ended up tarnished and hounded.

Nuhu Ribadu was a dashing 40-year old police officer and lawyer who came to national prominence at the turn of the millennium representing his employers before the Human Rights Violations Investigation Commission headed by Justice Chukwudifu Oputa. He brought that gusto to his role as the pioneer chair of the EFCC where he seemed to command considerable bandwidth with then president, Olusegun Obasanjo to the point of holding sway in decisions over who was eliminated from the line of succession as Obasanjo’s tenure wound to a close.

A 2006 US Embassy Cable disclosed by Wikileaks feared that the work of fighting corruption under him was “widely perceived to be nothing more than a political witch hunt by President Obasanjo”. Human Rights Watch famously criticized him as preoccupied with the pursuit of “more headlines than convictions.” As Githongo made his way back to Nairobi from three years in exile in 2008, Ribadu was headed out to his own exile of about the same duration after suffering multiple humiliations and exposure to worse at the hands of Obasanjo’s successors.

The tenure of Farida Waziri, the retired Assistant Inspector-General of Police, who succeeded Ribadu at the EFCC, seemed ill-fated from the beginning. According to another cable also disclosed by Wikileaks, Mrs. Waziri was a client of the same politicians whom she was supposed to investigate and her every step seemed to be dogged by suspicion and controversy. A few months into his elected tenure in November 2011, President Goodluck Jonathan mercifully relieved Mrs. Waziri of her position citing “national interest.”

Ibrahim Lamorde, who replaced Mrs. Waziri in 2011, was sacked in November 2015, barraged by allegations by the National Assembly very much redolent of the kind that he should have been investigating against those who were hounding him.

His successor, Ibrahim Magu, had the distinction of serving his tenure without Senate confirmation. On 6 July 2020, operatives of the State Security Service (SSS), arrested Mr. Magu and detained him for interrogation in connection with allegations of corruption.

Abdulrasheed Bawa was the first Chairman of the EFCC who was not a Police Officer. A lifelong staff of the Commission, Bawa was barely 40 when he was appointed to the role in February 2021 in somewhat controversial circumstances. On 14 June, 2023, the presidency announced his suspension from office for opaque reasons given as “weighty allegations of abuse of office”. More than 120 days later, Bawa remains disappeared, reportedly an unacknowledged hostage of the SSS, his location unknown and undisclosed.

At least three aspects of Bawa’s fate merit attention. First, a government that claims democratic legitimacy should not be in the business of disappearing citizens, irrespective of what they are accused of. Whatever the allegations against Mr. Bawa are, they cannot justify putting him beneath the constitution.

Second, Nigeria’s constitution prohibits administrative detention, which is exactly what has become Mr. Bawa’s fate. Nigerians did not suffer that silently from military dictators. An administration led by those who claim to have resisted the abuses of military rule should not be caught now replaying the playbook that they reviled. If there are serious allegations against Mr. Bawa, he deserves to be brought to account administratively in line with the service regulations of his employers or before a court of law. Neither option warrants his indefinite disappearance.

Third, established under the National Security Agencies Act, the powers of the SSS are limited to investigation and enforcement of crimes “against the internal security of Nigeria.” Allegations of “abuse of power”, which the presidency claims to be the reason for Bawa’s suspension, would appear to be outside the scope of the SSS.

The standard response to this is that Mr. Bawa is receiving a taste of the medicine of institutional caprice that his EFCC meted out to suspects. The shortcomings of the EFCC under successive leaderships since its inception, including its investigation and detainee management protocols, are well documented. However, the habit of terminating successive leaders of the institution into political persecution is independent of that pattern.

Ironically restored under the current regime to public service as National Security Adviser, Nuhu Ribadu, who bears indelible scars from being hounded into exile as pioneer chair of the EFCC, today supervises the disappearance of Abdulrasheed Bawa in complicit silence.

Nigeria’s politicians may be interested only in co-opting the language of fighting corruption but citizens have a duty to care that corruption is not enabled with official impunity. The disappearance of Mohammed Bawa is not merely a violation of the standards of Nigeria’s laws and constitution; it also ensures that the job of fighting impunity for grand corruption in Nigeria does not stand any chance of success.

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

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AFAM OSIGWE MOURNS FAROUNBI, EX NBA IKEJA CHAIR

NEWS RELEASE

MAZI AFAM OSIGWE, SAN, MOURNS THE DEATH OF MR. YINKA FAROUNBI, FORMER CHAIRMAN OF THE NIGERIAN BAR ASSOCIATION, IKEJA BRANCH

I’m deeply saddened to hear about the passing of Yinka Farounbi, the former Chairman of the Nigerian Bar Association Ikeja Branch from 2014 to 2016. He was a dedicated leader and his contributions will be remembered by all.

During his tenure, Yinka Farounbi demonstrated unwavering dedication to the principles of justice, equity, and the rule of law. His leadership was marked by an unyielding commitment to upholding the highest standards of the legal profession, and he served as an exemplary role model for all members of the branch.

His leadership, contributions and influence extended far beyond his years as Chairman. He was a mentor and guide to many young lawyers, offering them invaluable insights and support as they embarked on their legal careers. His passion for the law and his willingness to share his knowledge enriched the legal landscape, and his impact will be felt for generations to come.

In addition to his professional achievements, he was known for his warmth and affable nature. He was a kind and compassionate man , always ready to extend a helping hand to those in need. His presence at branch events and gatherings was a source of inspiration and camaraderie for all who had the privilege of knowing him.

As we mourn the loss of Yinka Farounbi, we extend our deepest condolences to his family and loved ones. His departure leaves a void in our legal community that cannot be filled, but we will forever cherish the memories of his dedicated service, his wisdom, and his friendship.

In honor of his memory, let us recommit ourselves to the principles of justice and integrity that he held dear. May his legacy inspire us to continue the noble work of upholding the law and advocating for justice.

Rest in peace, Yinka Farounbi, and thank you for your unwavering service to the Nigerian Bar Association, particularly NBA Ikeja Branch. Your contributions will forever be remembered and celebrated.

MAZI AFAM OSIGWE, SAN

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VACANCY: LITIGATION LAWYER WANTED IN MAINLAND LAGOS FIRM

A full-service reputable law firm based in Lagos Mainland requires the services of a Legal Practitioner with:

  • 3-5 years post-call experience

The ideal candidate must possess core litigation experience and should be able to work without supervision. Candidates who live in Lagos Mainland are highly 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 LAWYER WANTED IN MAINLAND LAGOS FIRM.”

Only shortlisted candidates will be contacted.

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‘WHY WE APPOINTED UBANI AS GOVERNING COUNCIL MEMBER,’ BY AFBA

The African Bar Association (AfBA) is set to admit immediate past Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Monday Ubani, as a member of its Governing Council.

According to a letter signed by the Secretary-General of AfBA, Flaviana Charles, the Executive Council of AfBA arrived at the decision at its August 2023 meeting in Pretoria, South Africa. The decision followed Ubani’s recommendation by the association’s Qualifications Committee based on his leadership qualities and contributions to the legal profession in Nigeria and Africa.

The Governing Council is AfBA’s highest decision-making organ led by a Chairman, Vice Chairman and Secretary-General. It sets policies, makes vital decisions and provides oversight on the association’s activities. Members are selected from registered AfBA members to further the association’s interests and foster a united African legal community.

If confirmed, Ubani will be admitted as an ‘African Bar Councilor’ (ABC) which is the title for council members. He will serve an initial two-year term and pay an annual membership fee starting from $300. Councilors who contribute $1000 or more in a year get exempted from paying conference fees.

In her letter, the Secretary-General said Ubani’s impending admission into the council is an honour and rare privilege. He has been requested to indicate acceptance of the offer and provide a 50-word profile to complete the process.

CITY LAWYER recalls that Ubani’s tenure as NBA-SPIDEL Chairman witnessed many significant milestones especially in human rights protection and advocacy. His fiery activism and readiness to speak truth to power has earned him many awards and accolades.

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GOV. MBAH SET TO REHABILITATE NIGERIAN LAW SCHOOL

NEWS RELEASE

The Enugu State governor, Dr. Peter Mbah, has said his administration would earmark high allocation to the education sector in the state even as he assured support for the Nigerian Law School in the areas of new infrastructure and rehabilitation of the existing dilapidated structures in the school.

Governor Mbah gave the assurances, Monday, when the senior management staff of the Enugu Campus of the Nigerian Law School led by the Deputy Director General (DDG), Mrs. Maureen Stanley-Idum, paid a courtesy visit in his office at the Government House, Enugu, to solicit the state’s support to upgrade the institution.

The governor, who further said his government was keen on providing the right infrastructure and conducive learning environment for students in the state, said education was key to achieving and sustaining the legacy projects the administration had rolled out.

According to him, plans had already been activated to review the state’s academic curriculum targeted at providing independent, well-equipped and adequately trained students with modern skills irrespective of areas of specialization.

Promising that the education sector would be one of the major beneficiaries of next year’s allocations in the budget, Mbah said the administration had picked special interest in primary school, through the tertiary education system, pointing at the cut off programme that was designed to encourage early child learning.

“We have a programmme we refer to as Cut-Off Point which identifies the young ones at age three and instills in them the right civic habits and moral values. We are changing the way they learn. We are also interested in our students in the university,” the governor said.

He also noted that before vying for the governorship office, he had interacted with the former Deputy Director General of the campus where he promised to build a state-of-the-art moot court for them, as part of Pinnacle Oil and Gas Ltd’s Corporate Social Responsibility, saying the plan had not been abandoned as he would reach out to the management of the company to remind them of the pledge.

Mbah, who said he would direct his Special Adviser on Project Development and Implementation to inspect the conditions of the institution and activate the process of rehabilitation, added that the state government would not abandon the school especially now that it was in dire needs of intervention.

“I noticed you outlined a good number of pressing needs. You talked about vehicles, the auditorium, and renovation of dilapidated academic building for lecturers, ICT, and library, among others. So, we are going to partner with the Nigerian Law School to see how we can support you on those items you listed. Be assured of our support and commitment,” the governor added.

Speaking earlier, the DDG, who expressed support and solidarity for the governor, said they had visited to identify with him as both a lawyer and a governor who understood the task of leading the state to greater heights.

“It is our earnest prayer that the Lord will increase your capacity as an instrument of peace and social transformation in a way that your administration will be characterized by remarkably improved good governance with attendant positive fruits seen in interpersonal harmony among the people, infrastructural development, social cohesion and security,” she noted.

While underscoring the challenges of the campus and the need to expand its capacity from its current 750 to 1500 capacity, the DDG stated that the institution was battling with the problems of inadequate facilities and infrastructural development, urging the government for immediate intervention.

“The campus faces challenges and lags behind other campuses in terms of inadequate facilities and infrastructural development. Given the vast expanse of land available, coupled with the huge backlog of law graduates who cannot be admitted, it is imperative to develop as quickly as possible, the Augustine Nnamani Campus so as to reap the maximum advantage and benefits from the decentralization of the Nigerian Law School and the citing of the campus in this part of the country,” she added.

While listing some of the challenges facing the campus to include logistics, infrastructure and expansion, Mrs. Stanley-Idum said the “citing of the Campus in Enugu was meant to ameliorate the suffering of our students, especially those from this part of the country who had to travel all the way to Lagos or Abuja for their one-year vocational training in law”.

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DEATH PENALTY: APPLY TO TRAIN AS CAPITAL DEFENCE LAWYERS

NEWS RELEASE

Call for Applications:

Training for Capital Defense Lawyers:
25-27 October 2023, Lagos

The Nigerian Alumni of the Makwanyane Institute hosted by the Cornell Center on the death penalty will be organizing a three-day training in Lagos on the 25th to 27th of October 2023 for Capital Defense Lawyers in Nigeria with support from the Makwanyane Institute Stewardship grants.

This training forms part of activities planned by the Institute in partnership with Avocats Sans Frontieres France to mark the 21st World Day Against the Death Penalty themed: “Death penalty: an irreversible torture”

The objective of the training is to equip trainees with specific skills to adequately represent persons facing the death penalty in Nigeria. It is a unique opportunity to share the knowledge acquired by the trainers/fellows at the specialized training received at the Makwanyane Institute, Cornell University, New York and to foster relationship amongst lawyers representing persons facing the death penalty in Nigeria.

The Makwanyane Institute is named after the landmark Judgment of the South African Constitutional Court that established that capital punishment was inconsistent with the commitment to human rights expressed in the interim Constitution.

Target trainees are lawyers who are committed to representing persons on death row in Nigeria.

If you are interested in participating in this training, kindly provide your details below. You will also be required to submit a few paragraphs summarizing your experience representing persons facing the death penalty and why you want to participate in the training. Applicants with experience representing women on death row are strongly encouraged to apply.

Applications will be reviewed and accepted in order received as only 15 slots are available for trainees from Lagos, Abuja, Enugu, Kano, Ebonyi and Rivers states.

Kindly note that the training is free and travel costs for attending the training are covered by the project.

Interested applicants should click on the link below to apply: https://forms.gle/1puVUuoY729gPg1s5

Deadline for application submission: Tuesday 17th October 2023.

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SOLAR4ALL: CHIEF SOLOMON UMOH SAN IS OUR ‘STAR CLIENT OF THE WEEK’

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Chief Umoh is a Giant in the Legal Profession who has mentored many in his decades of top-notch Law Practice.

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This ensures steady power supply and a reduces power cost by at least half, such that within the fist two years of installation, Chief Umoh would have recovered his total cost of installation from his savings.

Chief Solomon Umoh SAN is a Giant in the Legal Profession with global reckoning. He has decades of experience in litigation, Election Petition, Corporate and Commercial Law Practice, Intellectual Property Law, and Regulatory Compliance etc.

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COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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LPPC APPOINTS 58 SENIOR ADVOCATES OF NIGERIA (FULL LIST)

The Legal Practitioners Privileges Committee (LPPC) has approved the elevation of 58 senior lawyers to the coveted rank of Senior Advocate of Nigeria (SAN), CITY LAWYER can authoritatively report. 

The list comprises 57 advocates and one academic from the University of Lagos (UNILAG).

The full list is below. This is a developing story.

GreetingsADVOCATE APPOINTEES (IN ORDER OF SENIORITY AT THE BAR)

1.​FELIX OTA OFFIA, ESQ
2.​LAWRENCE BANKOLE FALADE, ESQ
3.​KINGSLEY OSABUOHIEN OBAMOGIE, ESQ
4.​FOLASHADE ABOSEDE ALLI, ESQ
5.​ABIOLA ISIAQ OYEBANJI, ESQ
6​BOMO OLAKUNLE AGBEBI, ESQ
7.​DANIEL OSINACH URUAKPA , ESQ
8.​OSELOKA GODWIN OSUIGWE, ESQ
9.​BABATUNDE ADEOYE, ESQ
10.​BABASEYI SIGISMUND JOSEPH, ESQ
11.​EMMANUEL MOSES ENOIDEM, ESQ
12.​KEHINDE OLUFEMI AINA, ESQ
13.​NGOZI CHIDO OLEHI, ESQ
14.​AARON CHILEOKWU OKOROMA, ESQ
15.​IBRAHIM DALHATU ANGULU, ESQ
16.​OLAYIWOLA EMMANUEL AFOLABI, ESQ
17.​SULE SHU’AIBU, ESQ
18.​ABIODUN OLANREWAJU OLALERU, ESQ
19.​ALFRED OLUFEMI ATTEH, ESQ
20.​KAZEEM ADEKUNLE SOBALOJU, ESQ
21.​SHEHU WADA ABDULLAHI, ESQ
22.​BAMIDELE OLAWOYE IBIRONKE, ESQ
23.​OLUWASEYILAYO AKINKUNMI OJO, ESQ
24.​FUNMI FALANA, ESQ
25.​FELIX TAMARAUDENKEMEFA OKOROTIE, ESQ
26.​SEUN OLUWAGBENGA AJAYI, ESQ
27.​FRIDAY RAMSES AKU ONOJA, ESQ
28.​AGADA JOHN ELACHI, ESQ
29.​BOLA RASAQ GOLD, ESQ
30.​PAUL KASIMANWUNA MADUEMENE, ESQ
31.​RAFIU OYEYEMI BALOGUN, ESQ
32.​OLUWOLE ALADEDOYE, ESQ
33.​PAULYN OSOBHASE ABHULIMEN, ESQ
34.​JONATHAN GUNU TAIDI, ESQ
35.​TOCHUKWU JUDE ONYIUKE, ESQ
36.​OLUKAYODE ABRAHAM AJULO, ESQ
37.​CHRISTOPHER ADAPAR UMAR, ESQ
38.​CHIBUEZE OGECHI OGBONNA, ESQ
39.​YEMI ADEWALE M’SBAUDEEN ADESINA, ESQ
40.​OMOYEMI LATEEF AKANGBE, ESQ
41.​OLUMIDE AKINWALE OLUJINMI, ESQ.
42.​MUSA ADAMU ALIYU, ESQ
43.​FIDELIS CHUKWUNONYE MBADUGHA ESQ
44.​ONYEMAECHI CHUKWUDI ADIUKWU, ESQ
45.​IKECHUKWU PHILIP ONUOMA, ESQ
46.​YAKUBU PHILEMON, ESQ
47.​JOHNNY UNGWUGWAYE AGIM, ESQ.
48.​ALIYU LEMU IBRAHIM, ESQ
49.​ISAIAH BOZIMO, ESQ
50.​PRISCA OZOILESIKE, ESQ
51.​YAHAYA DAN’ASABE DANGANA, ESQ
52.​ADEDAYO SAMUEL ADEDEJI, ESQ
53.​ADEDIPE OLUWASEUN ADEOLA, ESQ
54.​CHIKAOSOLU OJUKWU, ESQ
55.​MUSA AHMED ATTAH, ESQ
56.​AYOTUNDE FOLUSO OGUNLEYE, ESQ
57.​OLAYEMI BADEWOLE, ESQ

Successful Academic Applicant:
1. PROF. BABATUNDE ADETUNJI ONI 

LEDAP URGES TINUBU TO ABOLISH DEATH PENALTY

As the world marked the International Day Against the Use of the Death Penalty yesterday, the Legal Defence and Assistance Projext (LEDAP) has reminded President Bola Tinubu’s administration “of the irreversible dangers of use the death penalty, and urges its total abolition for all crimes.”

In a statement made available to CITY LAWYER and signed by Mr. Chino Obiagwu SAN (National Coordinator) and Ms. Nora Asobara (Project Officer), the leading civil society organisation “calls on the Honourable Attorney General of the Federation and Minster of Justice, Prince Lateef Fagbemi to urgently consider submitting an executive bill to the National Assembly to amend the Criminal Code and Penal Code Acts to replace provisions for death sentence with more humane punishment such as custodial imprisonment with or without possibility of parole.”

LEDAP added that “The use of the death penalty has not served any deterrence purpose against crime, and neither indeed does it satisfy the justice needs of victims or their families nor bring remedial closure to victims of crime.

“Under the Nigerian criminal law, death penalty is mandatorily applied for a wide range of property or morality offences, apart from homicide. For example, the death penalty is punishment for the offence of armed robbery irrespective of the value of the property stolen or the personal circumstances of the offender, as well as for such offences as adultery, kidnapping in many states, and treason.

“Since the introduction of death penalty for offences of armed robbery by the erstwhile military regimes, incidents of armed robbery and other violent crimes have been on steady increase. The severity of punishment is not a deterance for crime. Offenders could only be deterred by the high possibility of apprehension and not the harshness of the punishment for the planned offence. It is therefore necessary that the only means to reduce crimes is to increase the capacity of law enforcement agencies to effectively and humanely investigate and prosecute Offenders.

“Nigeria maintains one of the most severe death penalty regime in the world along side retentionsist countries like Iran, Sudan, China among others. All democracies in Africa have abolished the use the death penalty and most countries retaining its use have already made it non-mandatory.

“We urge the Nigerian government to stand with the rest of civil democracies to day no to the use of the death penalty.”

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BREAKING: COP TO DIE BY HANGING FOR KILLING LAGOS LAWYER

The Lagos High Court sitting at Tafawa Balewa Square, Lagos has sentenced Assistant Superintendent of Police, Drambi Vandi to death by hanging following a one-count charge of murder of Lagos-based lawyer, Mrs. Omobolanle Raheem.

Justice Ibironke Harrison sentenced the ASP after finding him guilty of the murder of the pregnant lawyer.

Harrison held that the prosecution was able to prove its case beyond reasonable doubt.

The judge also held that the convict shot the deceased at close range.

CITY LAWYER recalls that the deceased lawyer met her untimely death on Christmas Day while returning from yuletide service with her family members.

This is a developing story.

MONEY LAUNDERING: LAWYER ASKS EFCC TO PROBE NBA PRESIDENT

A senior Lawyer, Mr. Tochukwu Ohazuruike has asked the Economic and Financial Crimes Commission (EFCC) to probe the Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN for alleged money laundering.

In a petition he made available to CITY LAWYER and addressed to the EFCC Chairman, Ohazuruike stated that he was writing “to bring to your attention serious contraventions of the Money Laundering (Prevention and Prohibition) Act, 2022, Misappropriation of Funds and corruption being perpetrated by the current President of the Nigerian Bar Association, Mr. Yakubu Chonoko Maikyau, SAN, OON.”

The petition is titled “PETITION AGAINST MR. YAKUBU CHONOKO MAIKYAU, SAN OON (THE CURRENT PRESIDENT OF THE NIGERIAN BAR ASSOCIATION), FOR MONEY LAUNDERING, MISAPPROPRIATION OF FUNDS AND CORRUPTION.”

He premised his petition on “His (Maikyau’s) public admission to receiving undisclosed amount of hard currencies in cash from an anonymous Donor on behalf of the Nigerian Bar Association, which he said amounted to about Fifty Million Naira when he converted it, and other conducts of his, which warrants and necessitates our demand for a thorough investigation by your esteemed Commission ….”

Ohazuruike alleged that the NBA President “unilaterally converted the funds into Naira, claiming it amounted to N50, 000, 000. 00 (Fifty Million Naira). He further admitted to have unilaterally deducted N10,000,000 (Ten Million Naira) cash from the said amount for personal use and deposited the remaining N40, 000,000 (Forty Million Naira) into the Association’s account.”

According to the senior lawyer, “These actions, are contrary to Section S. 2(1)(a) of the Money Laundering (Prevention and Prohibition) Act and S. 9(5)(g) of the NBA Constitution for receiving donations on behalf of the Association.”

He alleged that “in Mr. Yakubu’s voluntary confession, he admitted to have received several donations which he failed/refused to mention the donors and the amounts received for hosting the NBA National Executive Committee Meeting in Kebbi State in March 2023, with no remittance to the Association’s Accounts and in clear breach of the prescribed protocols mandated by the Association’s Constitution, this he did also mention to the National Officers at the 6th hybrid National Executive Meeting which held on 27th April, 2023 where he stated the following as recorded in the minutes of meeting. The records of this meeting should also be available in video as the IT Admin of the NBA by standard records all official meetings.”

Aside from alleged money laundering, Ohazuruike also accused Maikyau of “arbitrary patronage,” lack of accountability, abuse of office, and “unconstitutional hijack of the office of the national treasurer.”

He stated that the evidence against the NBA President “are self-incriminating and littered all over social media in the public domain,” adding that “The EFCC does not require even a single witness at trial and in proof of the case against the NBA President.”

Inviting the anti-graft agency to launch the probe, Ohazuruike wrote: “As a concerned member of the NBA, I urge the EFCC to conduct a thorough and impartial investigation into these allegations.”

CITY LAWYER recalls that Ohazuruike had launched a spirited battle to stall Maikyau’s NBA Presidency bid. He however told CITY LAWYER that his petitions to the Electoral Committee of the NBA (ECNBA) and an appeal to the NBA Board of Trustees were dismissed.

It was unclear at press time whether the NBA has been informed about the petition.

Below is the full text of the petition.

Thursday, 21st September, 2023

THE CHAIRMAN,                                                                                                            URGENT
Economic & Financial Crimes Commission,
EFCC Headquarters,
Along Jabi Airport Road,
FCT – Abuja.

Dear Sir,

PETITION AGAINST MR. YAKUBU CHONOKO MAIKYAU, SAN OON (THE CURRENT PRESIDENT OF THE NIGERIAN BAR ASSOCIATION), FOR MONEY LAUNDERING, MISAPPROPRIATION OF FUNDS AND CORRUPTION

I write as a legal practitioner and member of the Nigerian Bar Association to bring to your attention serious contraventions of the Money Laundering (Prevention and Prohibition) Act, 2022, Misappropriation of Funds and corruption being perpetrated by the current President of the Nigerian Bar Association, Mr. Yakubu Chonoko Maikyau, SAN, OON.

His public admission to receiving undisclosed amount of hard currencies in cash from an anonymous Donor on behalf of the Nigerian Bar Association, which he said amounted to about Fifty Million Naira when he converted it, and other conducts of his, which warrants and necessitates our demand for a thorough investigation by your esteemed Commission for the following reasons:

A. Herein are some facts of the alleged Money Laundering:

i. On the 30th of August 2023, during the Association’s Annual General Meeting, Mr. Yakubu Chonoko Maikyau openly confessed to have received undisclosed sum in United States Dollars which in his words, he termed as “hard currency” from undisclosed individuals on behalf of the Association, in a manner which contravenes the provisions of Sections 2(1)(a) of the Money Laundering (Prevention and Prohibition) Act, 2022 and 9(5)(g) of the NBA Constitution.

ii. He unilaterally converted the funds into Naira, claiming it amounted to N50, 000, 000. 00 (Fifty Million Naira). He further admitted to have unilaterally deducted N10,000,000 (Ten Million Naira) cash from the said amount for personal use and deposited the remaining N40, 000,000 (Forty Million Naira) into the Association’s account.

iii. In his public confession, he alluded to the fact that prior to his unilateral deduction for personal use, he brought the said undisclosed USD to the NBA office in a bag, and invited the General Secretary of the NBA, Mr. Adesina Adegbite to see the “hard currency” he received on behalf of the Association.

iv. These actions, are contrary to Section S. 2(1)(a) of the Money Laundering (Prevention and Prohibition) Act and S. 9(5)(g) of the NBA Constitution for receiving donations on behalf of the Association.

v. The Association possesses foreign accounts, particularly a US Dollar account that could have lawfully received donations in foreign currencies with the appropriate record-keeping and procedures and it is clearly expressed in our constitution the right procedure required for receiving donations in Section 9 (f) (g) of the NBA Constitution.

vi. Moreover, there are concerns and unverified reports of numerous donations that Mr. Yakubu Chonoko Maikyau SAN may have received in his capacity as President of the Association without adhering to due process or remitting the funds to the Association’s accounts.
(The video recording of Mr. Y C Maikyau’s confession is hereto enclosed in this petition alongside minutes of the hybrid meeting held on the 27th of April 2023 where he also mentioned same on a recorded zoom meeting to members of the National Executive of the NBA)
https://barristerng.com/full-video-nba-president-maikyau-san-responds-to-allegations-by-national-officers/
https://youtu.be/a-TmjGWgr3Y 
https://youtu.be/IEwaiM_1urg
https://youtu.be/lSvDzBZTMcs
https://youtu.be/ZEXu0ZxL3wo

B. LACK OF ACCOUNTABILITY :

i. There have been reports of lack of transparency and accountability in the management of expenditures of NBA funds since the inception of Mr. YC Maikyau’s tenure.
Members of the Association were denied clear and detailed financial reports at the last Annual General Meeting (AGM) which is contrary to the Association’s constitution and tradition of having same presented by the National Treasurer.

ii. Additionally, in Mr. Yakubu’s voluntary confession, he admitted to have received several donations which he failed/refused to mention the donors and the amounts received for hosting the NBA National Executive Committee Meeting in Kebbi State in March 2023, with no remittance to the Association’s Accounts and in clear breach of the prescribed protocols mandated by the Association’s Constitution, this he did also mention to the National Officers at the 6th hybrid National Executive Meeting which held on 27th April, 2023 where he stated the following as recorded in the minutes of meeting. The records of this meeting should also be available in video as the IT Admin of the NBA by standard records all official meetings.

Here is an excerpt culled from the minutes of the hybrid meeting:

4.17 On the hosting of the last NEC, the President narrated the way the funding for the said NEC came about, and how he went about it before funding came. He said he put in N20 Million first, and subsequently N40 Million came from the Kebbi State Government, and the AGF gave N8.7 Million. He stated that all disbursements have been made. He also narrated the N50Million (in dollars) that came from a donor through the AGF.

ii. Furthermore, disbursement of allowances to National Secretariat staff were made from a private account belonging to one Mrs. Kemi Beatrice during the NEC meeting, in clear breach of extant rules against the age-long practice and standard protocol of using the Association accounts for receiving donations and making payments on behalf of the Association. Payments to vendors during the said NEC meetings were also allegedly routed through different accounts instead of the Association’s official accounts.

iii. There are controversies surrounding the 1.5 Billion Naira access to finance monies secured by the past administration of which there are suspicions that same has been tampered with by Mr. Y.C Maikyau SAN without an authorization from the National Executive Committee of the Nigerian Bar Association contrary to S. 9(5)(g) of the NBA Constitution.
(Herein attached are the minutes of the 6th hybrid Meeting of National Officers)

C. ARBITRARY PATRONAGE:

Mr. Maikyau is accused of using NBA funds for arbitrary patronage of his associates, without proper justification or adherence to established financial rules. This raises concerns about cronyism and misuse of the Association resources to engage relatives in handling sensitive matters.

i. There are alleged reports of using the name of the Association to engage various organizations and private Companies for Sponsorship and Partnership for personal benefits without following due process in such engagements and refusing to provide accountable details of such which was also mentioned at the Hybrid meeting to wit: acquisition of Laptops for the Secretariat. The excerpt reads thus:

4.11: The President stated that Ibifuro had a meeting with the Acting ED regarding the supply of Laptops. He explained the model for payment for the Laptops. He also mentioned the Lenovo arrangement stating that his friend has written to the Lenovo Office in France seeking partnership and sponsorship to enable us get Laptops, Screens, Tablets, etc.

ii. Concerns have been raised regarding the inflated costs of bags purchased for the Annual General Conference, which were reported to be significantly higher than the amount approved by the National Executive Committee of the Association. These costs were allegedly inflated by over 50%, with alleged reports of insider dealings, this is amidst several unconfirmed reports of inflated cost for vendors engaged and shady sponsorship deals as regards the 2023 Annual General Conference.

iii. To put the above in proper perspective, the National Executive Committee approved the sum of Four Hundred and Twenty Five Million Naira (N425,000,000) for the purchase of bags for the Annual General Conference, however, over Seven Hundred Million Naira (N700,000,000) was claimed to have been expended for the said purchase which indicates an over 60% illegal inflation in the cost with allegations of inducements by Mr. Maikyau influencing members of the National Executive Committee to approve a budget with an over Two Hundred Million Naira (N200,000,000) in deficit.

iv. Allegations of insider dealings and conflict of interest surrounding the award of various contracts to proxies and relatives of Mr. YC Maikyau and relatives should be investigated. This Mr. Maikyau publicly admitted at the Association NEC Meeting on August 26, 2023 in the award of the NBA IT Consult contract to his Nephew Mr. Solomon Magaji. Below are links reporting this news:

D. UNCONSTITIONAL HIJACK OF THE OFFICE OF THE NATIONAL TREASURER:

It has come to the attention of all members that Mr. Maikyau has unilaterally spent NBA funds without consulting or involving the Association’s Treasurer. This disregard for established procedures is a serious breach of trust and financial governance within the NBA and against its constitution.

i. All the above facts evidently suggest reasons why the purported Audited Report sought to be tendered for adoption at the Annual General Meeting was craftily prepared without the input or involvement of the Association’s Treasurer who would have questioned the unapproved tampering of funds. The Treasurer publicly denounced and disowned the Audited Report before all members and the world at the Association’s 2023 Annual General Meeting.

ii. These brazen acts of Mr. Yakubu Chonoko Maikyau, SAN, OON as President of the NBA should be subject to thorough scrutiny himself and anyone found culpable should be made to face the law. Below is a link showing the allegation made by the Treasurer.
https://www.youtube.com/watch?v=sYvhCGBWu40&pp=ygUNbmJhIHRyZWFzdXJlcg%3D%3D

E. ABUSE OF OATH OF OFFICE:

Mr. Yakubu Chonoko Maikyau, SAN, OON as President of NBA, took an oath of office to serve the best interests of the Association. His alleged actions, including the flagrant abuse of the money laundering act, and other relevant laws and constitution of the NBA appears to be motivated by greed, personal aggrandizement in violation of his oath of office.

CONCLUSION
As a concerned member of the NBA, I urge the EFCC to conduct a thorough and impartial investigation into these allegations.

The evidences against Mr. Maikyau, SAN, OON are self-incriminating and littered all over social media in the public domain. The EFCC does not require even a single witness at trial and in proof of the case against the NBA President.

I believe that it is essential to uphold the principles of transparency, accountability, and integrity within our Association. Any wrongdoing should be thoroughly examined, and if substantiated, appropriate legal action should be taken and trust that the EFCC will act in accordance with the law to ensure justice and accountability prevails.

Nigerians and indeed the world are watching to see whether the EFCC, especially under the Bola Ahmed Tinubu Administration would match its words with action in the fight against the menace of impunity and corruption in Nigeria. This case presents the EFCC with an opportunity to make bold its stands against impunity and corruption.

Thank you.

Yours Sincerely,

Tochukwu Ohazuruike
Principal Counsel

ENCL
Minutes of Meeting of the 6th hybrid Meeting of National Officers of the NBA

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‘DON’T CONSTITUTE PROBE PANEL AGAINST ONDO DEP GOV,’ ADEGBORUWA URGES CJ

Fiery human rights activist, Mr. Ebun-Olu Adegboruwa SAN has urged Ondo State Chief Judge, Justice Olusegun Odusola not to constitute a panel to investigate the State Deputy Governor, Mr. Lucky Orimisan Aiyedatiwa.

In a letter made available to CITY LAWYER, the senior lawyer argued that the matter is subjudice due to two pending lawsuits, saying: “In line with the valid and subsisting order of the Federal High Court, Abuja and in the best traditions of due regard for due process of law and respect for the authority of the Court, WE HUMBLY URGE MY LORD TO DISREGARD ANY MOTION, LETTER, APPLICATION OR REQUEST FROM THE ONDO STATE HOUSE OF ASSEMBLY, FOR THE CONSTITUTION OF ANY PANEL OF INVESTIGATION IN RESPECT OF THE DEPUTY GOVERNOR OF ONDO STATE, until the two pending cases are fully decided by the various courts with jurisdiction over them.”

Below is the full text of the letter.

Our Ref: A&C/RC/L-05/10/2023

Wednesday, October 4, 2023

The Hon The Chief Judge of Ondo State,
Ondo State Judiciary,
High Court Complex,
Hospital Road,
Akure, Ondo State.

My Lord,

RE: WHY ONDO STATE HOUSE OF ASSEMBLY CANNOT PROCEED WITH REMOVAL PROCEEDINGS OF THE DEPUTY GOVERNOR OF ONDO STATE
1. SUIT NO. AK/348/2023 – AIYEDATIWA V. ONDO STATE GOVERNMENT & 5 ORS AND
2. SUIT NO. FHC/ABJ/CS/1294/2023 – AIYEDATIWA V. INSPECTOR GENERAL OF POLICE & 5 ORS.

The above matter refers. We are solicitors to His Excellency, the Deputy Governor of Ondo State, Mr. Lucky Orimisan Aiyedatiwa (“our Client”) on whose behalf we write this letter on the above subject matter. We refer to our letter dated September 25, 2023 written to My Lord on this matter, regarding the suit filed by our Client before the High Court, Akure in respect of the unlawful attempts of the Ondo State House of Assembly to conduct proceedings for his removal from office. The court processes in the said Suit No. AK/348/2023 have now been duly served on My Lord and all the defendants in the said suit, including the House of Assembly.

We will like to draw the attention of My Lord to the following undisputed facts:

1. On September 25, 2023, our Client filed a Motion on Notice for various orders of interlocutory injunction against his planned removal from office by the Ondo State House of Assembly. The said application has been served on ALL the defendants in the suit, including the House of Assembly.

2. Realizing that our Client had filed a suit before the Akure High Court, the Ondo State House of Assembly claimed to have served a Notice of acts of gross misconduct on some persons different from our Client in the late afternoon of September 25, 2023, after Suit No. AK/348/2023 had been filed, against the said removal proceedings. The said Notice is required by law to be served on our Client personally, for it to be effective.

2. On September 26, 2023, our Client filed a Motion on Notice before the Akure High Court, for an order to stay further proceedings on the said Notice by the Ondo State House of Assembly and indeed all the defendants in Suit No. AK/248/2023 supra. The said application has been served on all the defendants in the suit.

3. On September 26, 2023, it became a matter of public knowledge that the Federal High Court, Abuja in Suit No. FHC/ABJ/1294/2023, per Emeka Nwite, J., granted an order, RESTRAINING ALL THE DEFENDANTS IN THE SAID SUIT, INCLUDING THE ONDO STATE HOUSE OF ASSEMBLY, FROM PROCEEDING WITH THE PLANNED REMOVAL PROCEEDINGS AGAINST OUR CLIENT.

My Lord is a defendant in the said suit upon whom the order of the Court has been duly served.

In particular, the Federal High Court granted an order, restraining My Lord from constituting any panel of investigation at the instance of the Ondo State House of Assembly.

4. The Speaker of the Ondo State House of Assembly, also restrained by the Order of the Federal High Court, issued a statement openly castigating the Court and vowing to disregard the said order by proceeding with the removal proceedings. The Speaker arrogantly described My Lord of the Federal High Court as “a certain judge”, threatening with reckless abandon, to deal with the judge.

WHY ODSHA CANNOT PROCEED WITH REMOVAL PROCEEDINGS
A. Section 188 (2) of the 1999 Constitution makes it mandatory that the holder of the office SHALL be served with the notice before the House of Assembly is conferred with jurisdiction to sit on the removal proceedings. The House is in flagrant violation of this section when it convened its plenary proceedings on September 20, 2023 before the holder of the office was served, in breach of the constitutional and fundamental right to fair hearing of our Client, the Deputy Governor.

B. Service of the Notice is personal, which was not done in this case. The Notice being paraded by the House of Assembly was not served on the Deputy Governor personally.

C. Under section 188 of the Constitution, the Assembly is authorized to sit for only two times in the course of removal proceedings; first under section 188 (3) when it convenes to move a motion to call upon the Chief Judge to constitute a panel of investigation and secondly under section 188 (9) when it convenes to deliberate upon the report of the panel set up by the Chief Judge. In this case, the Assembly has already convened its full plenary and conducted proceedings on the Notice at least twice, in respect of the planned removal of the Deputy Governor; first on 20th September 2023 and again on 3rd October 2023. That being the case, the House has no jurisdiction to convene any further proceedings in respect of the planned removal, having exhausted the two sittings allowed under section 188 of the Constitution.

D. There is presently no valid Notice of acts of gross misconduct in existence to ground any removal proceedings against the Deputy Governor. First, the Notice presently in circulation was not served on the Deputy Governor in line with section 188 (2) before the Assembly convened its plenary session on 20th September 2023, to deliberate on the said Notice. Second, the Notice was not personally served on the Deputy Governor. Thirdly, upon proper examination, the Notice presently in circulation is not a document of the House of Assembly of Ondo State, properly so called. When My Lord probes the said Notice, it will be discovered that only the cover letter from the Speaker of the Assembly and the signature page bears the insignia and authority of the Ondo State State House of Assembly. The alleged Notice itself is not a document emanating from the House of Assembly of Ondo State, being a document foreign to the said Assembly.

WHY THE DEPUTY GOVERNOR CANNOT RESPOND TO THE “NOTICE”
A. Under and by virtue of section 287(3) of the Constitution, “all persons and authorities in Nigeria” are to obey and give effect to the orders of the Federal High Court. Our Client swore on oath to defend the Constitution and he cannot act against the said Constitution to disobey the valid and subsisting order of the Federal High Court of Nigeria which has halted the removal proceedings.

B. Our Client has not been personally served with any valid Notice of acts of gross misconduct as required by law.

C. Our Client is not in receipt of any valid Notice of acts of gross misconduct properly so issued and bearing the authority of the House of Assembly of Ondo State to which he can respond.

D. Our Client has filed and served two separate applications upon the Ondo State House of Assembly, seeking orders of interlocutory injunction against the removal proceedings and also to stay further proceedings in respect of the invalid Notice, which was illegally issued and improperly served.

JURISDICTION OF THE COURT TO INQUIRE INTO REMOVAL PROCEEDINGS
My Lord, it has now been settled beyond controversy, by the Supreme Court in the case of Inakoju v Adeleke, (2007) 4 NWLR (Pt.1025) 474, that the Court possesses the requisite jurisdiction to inquire into whether there is strict compliance with section 188 (1) – (9) of the Constitution before invoking the provisions of section 188(10). The House of Assembly, being an agency created by law, should join our Client to defend all its illegal actions and proceedings before the Court.

“The entire section 188 sub-sections 1-11 must be read together. And a proper reading of the whole section will reveal that the ouster clause in subsection (10) can only be properly resorted to and invoked after due compliance with sub-sections (1)-(9) that preceded it … Failure to comply with any of the provisions of subsections (1)-(9) will mean that the ouster clause of subsection (10) cannot be invoked in favour of the House of Assembly.” Inakoju v. Adeleke (supra).

STAY OF FURTHER PROCEEDINGS
In line with the valid and subsisting order of the Federal High Court, Abuja and in the best traditions of due regard for due process of law and respect for the authority of the Court, WE HUMBLY URGE MY LORD TO DISREGARD ANY MOTION, LETTER, APPLICATION OR REQUEST FROM THE ONDO STATE HOUSE OF ASSEMBLY, FOR THE CONSTITUTION OF ANY PANEL OF INVESTIGATION IN RESPECT OF THE DEPUTY GOVERNOR OF ONDO STATE, until the two pending cases are fully decided by the various courts with jurisdiction over them.

“The Chief Judge can only invoke his constitutional powers under section 188 (5) if the provisions of section 188 (2), (3) and (4) are complied with. Putting it in a negative language, the Chief Judge will not invoke his constitutional powers under section 188 (5) if the provisions of section 188 (2), (3) and (4) are not complied with.” Inakoju v. Adeleke (supra).

The House of Assembly having submitted to the jurisdiction of the Court by filing processes in Suit No. AK/348/2023 pending before the High Court in Akure and also purporting to file a complaint before the National Judicial Council in Suit No. FHC/ABJ/CS/1249/2023 before the Federal High Court Abuja, is fully aware of and cognizant of the authority of the Court over the subject matter of the removal proceedings against our Client. Consequently, it is our considered view that the matter of the planned removal of the Deputy Governor of Ondo State is now subjudice. Parties should follow the due process of law, the House of Assembly itself being a creation of law, seeking to implement the provisions of law, rightly or wrongly. It cannot and should not be allowed to take the law into its own hands by openly disregarding a subsisting order of court and other court processes duly served upon it.

While thanking My Lord for the kind considerations, we extend the best assurances of our warmest regards, always.

Yours faithfully,

EBUN-OLU ADEGBORUWA, SAN

CC:
1. Ondo State House of Assembly
c/o Its Solicitors,
Femi Emmanuel Emodamori & Co.,
Suites 28 & 29, Yafrato House,
Alagbaka G.R.A. Akure,
Ondo State.
femiemmanuelemodamori@yahoo.com

2. Governor of Ondo State,
The Governor’s Office,
Government House,
Akure, Ondo State.

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All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

UN NIGERIA REPORT: FG BOOSTS STAKEHOLDERS’ PARLEY

The Federal Government last week in Lagos continued stakeholder’s consultations across the six geo-political zones to collate information for Nigeria’s National Report pertaining to the United Nations Fourth Cycle Universal Periodic Review.

In her welcome address to delegates at the South-West engagement session in Lagos, the Solicitor-General of the Federation and Permanent Secretary Federal Ministry of Justice, Mrs. Beatrice Jeddy-Agba, represented at the event by the Secretary to the Inter-Ministerial Committee, Princess F. Frank Chukwuani, called on stakeholders in the justice and human rights sector to participate in meaningful and productive consultations in a bid to generate accurate and up to date information for the 4th Cycle of the United Nations Human Rights Universal Periodic Review of Nigeria (UPR).

She said: “Today’s stakeholders’ engagement is part of the work plan for collating information and useful data from various stakeholders in the South Western geopolitical zone of the country. This is in line with the United Nations (UN) guidelines on national reporting, which stipulates that a country’s national report should be independent, objective, transparent, and inclusive. “Therefore I enjoin all stakeholders to please engage in meaningful and productive consultations in a bid to facilitate an efficient, reliable and accurate data/information collation process for our National Report to the United Nations.

“The IMC is tasked with the mandate of overseeing preparation of Nigeria’s National report to the UNHRC and has set in place modalities in the preparation of Nigeria’s report among which are stakeholders’ engagement throughout the six geo-political zones of the country. The consultations were convened by the Government for purposes of collating information which will be used in the preparation of our national report.”

The event was attended by relevant stakeholders from the public sector(MDAs), Non- Governmental Organisations, and Civil Society Organisations in the South-West Zone including members of the Nigerian Bar Association ( NBA), International Federation of Women Lawyers (FIDA) Nigeria, Lawyers from the States Ministries of Justice across the South-West zone and other stakeholders knowledgeable on Human Rights issues. Stakeholders and participants alike made valuable and meaningful contributions on the subject, especially regarding implementation of government policies aimed at addressing the concerns raised in the UN recommendations to Nigeria during its 3rd Cycle review in 2018.

Nigeria’s Fourth (4th ) review process commenced in September 2022, and in line with its workplan, Nigeria is expected to prepare and submit her National Report to the United Nations Human Right Council (UNHRC) in October 2023 for its review during the 45th Session of the UPR Working Group Session in Geneva scheduled to take place in the first quarter of 2024.

In driving the UPR process nationally, the Secretary to the Government of the Federation, inaugurated the Inter-Ministerial Committee (IMC). The Committee is co-chaired by the Solicitor General of the Federation/Permanent Secretary (SGF/PS), Federal Ministry of Justice (FMoJ), Mrs Beatrice Jeddy-Agba and the Permanent Secretary Ministry of Foreign Affairs (MFA), Ambassador Adamu Ibrahim Lamuwa, with Princess F. Frank-Chukwuani as the Secretary.

The United Nations Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all UN Member States. It is a State-driven process, under the auspices of the United Nation’s Human Right Council, which provides the opportunity for each State to declare actions taken to improve the human rights situations in their countries and to fulfill their human rights obligations.

The objectives of the UPR are to review the fulfillment of the human rights commitments and obligations of all UN members states (as set out in the UN Charter, the Universal Declaration of Human Rights and all Human Rights Instruments to which the state is a party); and to improve the human rights situation in all countries and address human rights violations wherever they occur, among others.

Nigeria has been involved in the past UPR process and was reviewed in the First Cycle which was held in 2009, the Second and Third Review Cycles were in 2013 and 2018 respectively. Preparations are ongoing for the Fourth Review Cycle in 2024 and the Federal Government of Nigeria constituted the Inter-Ministerial Committee for this purpose.

“The aim of the Stakeholders engagement is to collect and collate information on the human right situation in Nigeria for the Fourth Cycle Review,” Princess Frank-Chukwuani stated.

* L-R: Ambassador Naomi C. Nwachukwu; Prof. B. A. Haruna; Secretary IMC, Princess F. Frank- Chukwuani; Mr. A. A. Yakubu of the National Human Rights Commission ( NHRC); Dr. Uju Agomoh; Mr. Anthony Oluborode at the event.
* L-R: Ambassador Naomi C. Nwachukwu; Prof. B. A. Haruna; Secretary IMC, Princess F. Frank- Chukwuani; Mr. A. A. Yakubu of the National Human Rights Commission ( NHRC); Dr. Uju Agomoh; Mr. Anthony Oluborode at the event.
* L-R: DCP A. O. Abimbola ( Ekiti State Command); Nkechi Ibe of Impact Award Foundation; Ambassador Naomi Nwachukwu; Princess F. Frank- Chukwuani; ACP Fergus Manger from Abeokuta (Ogun State) Command and a delegate at the event.
* L-R: DCP A. O. Abimbola ( Ekiti State Command); Nkechi Ibe of Impact Award Foundation; Ambassador Naomi Nwachukwu; Princess F. Frank- Chukwuani; ACP Fergus Manger from Abeokuta (Ogun State) Command and a delegate at the event.
* Sitting in front row: From left-right: Prof. B. A. Haruna of Bayero University Kano (BUK), (Consultant); Executive Director/ Founder PRAWA. Dr. Uju Agomoh (Consultant); Secretary to the Inter-Ministerial Committee (IMC), Princess F. Frank- Chukwuani; Ambassador Naomi C. Nwachukwu (member IMC) and Chairperson of FIDA Ikeja, Chinwe M. Efobi at the event.
* Ambassador Naomi C. Nwachukwu ( Standing) giving her welcome address; From left; Prof. B. A. Haruna; Secretary to the IMC, Princess F. Frank- Chukwuani, Dr. Uju Agomoh; Mr. Anthony Oluborode and A. A. Yakubu at the event.
* L-R: Ex-Chairperson FIDA Lagos, Mrs. Phil Nneji 2nd from left and other FIDA delegates to the event.

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SOLAR4ALL: UNILAG COLLEGE OF MEDICINE IS OUR “START CLIENT OF THE WEEK”

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To view the price list, click here.

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‘WHY WE WANT POLICE COMMANDER SUSPENDED,’ BY NBA OWERRI

RESOLUTION OF THE NIGERIAN BAR ASSOCIATION, OWERRI BRANCH ON THE ASSAULT, HUMILIATION, TORTURE AND UNLAWFUL DETENTION OF CHIGOZIE CHINAKA, ESQ., BY ACP DAVID OGENYI

At the Monthly General Meeting of the Nigerian Bar Association (NBA) Owerri Branch held at the NBA Owerri Banch Bar Center on Saturday the 30th day of September, 2023, the members of the Association deliberated on the complaints of assault, humiliation, torture and unlawful detention meted out to a member of the branch – Chigozie Chinaka, Esq., by ACP David Ogenyi (the Police Area Commander, Owerri Municipality, Imo State), and resolved as follows:

1. The NBA Owerri Branch condemns in strongest terms the despicable and barbaric acts of assault, humiliation, torture and unlawful detention meted out on Chigozie Chinaka, Esq., by the ACP David Ogenyi, the Area Commander, Owerri Municipality, Imo State and men under his command and control on Monday and Tuesday the 25th and 26th September, 2023, in the course of providing legal services to his client.

2. The NBA Owerri Branch demands the immediate suspension of ACP David Ogenyi as Area Commander, Owerri Municipal, to guarantee a thorough and impartial investigation of the grave allegations leveled against him and other officers within the command.

3. On the strength of the above, the Nigerian Bar Association, Owerri Branch, constituted a three (3) man Committee with a concise terms of reference which inter alia include: (a) To interface with the National Body in collaboration with NBA Security Agencies Relations Committee (NBA-SARC) and present petitions against the ACP David Ogenyi and concerned officers to the Commissioner of Police Imo State, the Assistant Inspector-General of Police Zone 9 Umuahia, the Inspector-General of Police, the Police Service Commission and the Attorney-General of the Federation. (b) To immediately institute fundamental rights actions against the ACP David Ogenyi and concerned officers and demand immediate redress and compensatory justice for the victim.

4. The NBA Owerri Branch assures our colleague – Chigozie Chinaka, Esq., members of the legal profession and the general public that the Bar remains resolute in the promotion and protection of the rule of law in the society. Torture, inhuman treatment and abuse of power do not have any place in a civil society, and the Bar will ensure that justice is not only served, but seen to have been served. The perpetrators of these acts of unlawful detention, humiliation, assault and torture of our colleague must be made to face the full weight of the law.

DATED THIS SATURDAY THE 30TH DAY OF SEPTEMBER, 2023.

UGOCHUKWU ALINNOR, ESQ.
Chairman

M. CHUKWURAH ONUORAH, ESQ.
Secretary.

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‘HOW SENIOR LAWYERS TRUMPED ETHICS AT PRESIDENTIAL TRIBUNAL,’ BY OJO

WHITHER THE ETHICAL CONDUCT AT THE BAR – MY EXPERIENCE AT THE PRESIDENTIAL ELECTION PETITION TRIBUNAL

BY MUTALUBI ADEBAYO OJO, SAN

At the Presidential Election Petition Tribunal, I saw series of desecration of the virtues of the temple of justice and the ethics of our legal profession severally thrown overboard, and in most cases they were deliberately thrown under the train.

I saw very Senior members of the Bar who turned themselves to show biz personalities. Top Senior Advocates of Nigeria took turns at the end of every proceedings to address the national and global media to comment on each day concluded proceedings right from inception of the case till judgement were given on all the petitions. They pontificated, postulated and re-argued their cases before the full glare of cameras. Yet, those Senior legal practitioners who brazenly breached and violated the rules of professional conduct for legal practitioners are the same people who will always (demand) better ethical conducts from young lawyers. Is that not a case of ” just take the messages and ignore the messengers”?

Worthy of mention is the hilarious case of a Nollywood star, now a legal practitioner. This learned friend of ours is yet to come to term or the reality that he is now in a very sober, solemn and conservative profession where playing and acting to the gallery is frowned at and seriously deprecated. Our very young learned (friend), apparently being influenced by his long sojourn in his original profession, will always post and ‘advertise’ photographs of himself with his Bishop like Bibs on the social media- Facebook, X (twitters) and Instagram to run false and distorted commentaries/reporting of everyday proceedings of the tribunal as if he was the person conducting the case of the Labour Party. Yet, if my memory served me right, I never heard of his name being announced, even just once, as one of the Counsel in the Labour Party petition or any other petition for that matter. The question that continues to agitate my mind is that – “Who then is our Learned friend trying to impress ? Or is another Nollywood film loading?” Our junior colleague needs to be advised and told that the earlier he adjusts himself to the rules and guidelines governing his newfound love which is the legal profession, the better for him and for his greater exploits in the profession.

I must not end this piece without commending and saluting the sagacity and strict adherence to the fidelity of the ethical conducts of the legal profession by the legal practitioners who represented INEC, PBAT and the APC. They are all great role models to the legal profession because they never, not even once, played to the gallery as they consistently shunned all pleas and entreaties to address the media while the proceedings lasted. Their conducts were very exemplary and worthy of emulation. Posterity will not forgive me if I also fail to acknowledge Mr. Onyekachi Ikpeazu, SAN (finest gentleman by any standard ), Professor Awa Kalu, SAN and Mr. Tayo Jegede, SAN also for keeping and sustaining the ethical standards of the profession by avoiding media trial.

In conclusion, I want to advise that we all owe the legal profession the onerous duty to keep the temple of justice pure and clean at all times. Ethical conduct must not only be mouthed and touted but it must be shown in real practice.

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AFAM OSIGWE EXTOLS RULE OF LAW, AS CJN SWEARS IN FHC JUDGES

NEWS RELEASE

MAZI AFAM OSIGWE, SAN ATTENDS THE SWEARING-IN OF FEDERAL HIGH COURT JUDGES AT THE SUPREME COURT

Mazi Afam Osigwe, SAN, graced the solemn occasion of the swearing-in ceremony of Federal High Court judges today at the prestigious Supreme Court of Nigeria. The event, a testament to the commitment to justice and the rule of law, drew a distinguished assembly of legal practitioners and jurists from across the nation.

The ceremony, presided over by the Chief Justice of Nigeria, served as a momentous milestone in upholding the integrity of the judiciary and reinforcing its vital role in our society. Mazi Afam Osigwe, SAN, among many others, lent his esteemed presence to underscore the significance of this event.

The presence of legal luminaries and seasoned jurists from different corners of the country added a profound layer of gravitas to the occasion. It symbolized unity in the legal profession and a shared dedication to the principles of justice, equity, and fairness that underpin the Federal High Court.

As the judges took their oaths, pledging their unwavering commitment to the pursuit of justice, the attendees bore witness to a crucial moment in the nation’s legal history. Mazi Afam Osigwe, SAN, and his fellow legal practitioners in attendance reaffirmed their dedication to upholding the rule of law and ensuring that the judiciary remains a pillar of strength for Nigeria.

The swearing-in of Federal High Court judges at the Supreme Court of Nigeria was a momentous occasion that highlighted the unity and commitment of the legal community in promoting justice and the rule of law in the nation. It serves as a reminder of the critical role that the judiciary plays in upholding the principles of democracy and ensuring a just and equitable society.

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SCANDAL, AS SENIOR MAGISTRATE RIDES ‘OKADA’ TO WORK

The working conditions of Nigeria’s judicial officers again came to the fore today as a Senior Magistrate was seen being ferried to work on commercial motorcycle popularly called ‘okada.’

CITY LAWYER reliably gathered that the Senior Magistrate (name withheld) was compelled to ride on the commercial motorcycle as she allegedly does not have any official vehicle attached to her.

A source who is familiar with the trend told CITY LAWYER that the judicial officer was heading to Neni Chief Magistrates Court in Anambra State to perform her usual judicial function.

Though there has been a clamour for judicial autonomy and better funding of the Judiciary, the challenges in this area persist.

Speaking on the trending matter, a social commentator, Dr. Chukwudi Okoye wrote: “Another Magistrate who dared to take her (Bolikaja) vehicle to work to safe (sic) face the other day got a lesson in vehicle breakdowns that eventually took the Divisional Police Officer of nearby station to rescue her while heading home from work late in the evening somewhere at Nibo.”

On his part, a Lagos-based senior lawyer noted that the trend may put the judicial officers in harm’s way, saying: “This is absolute disgrace to the judiciary and what it stands for. It’s not even safe for the Magistrate who sits over matters of criminals daily. The welfare of the Judiciary as an institution ought to have been considered in this administration of an intellect who knows the implication of undermining same.”

The Anambra State Government had budgeted 2.1% for its Law and justice sector while the social sector accounts for 15.2% of the capital budget size. Sectorial allocation was spread across four broad sectors including the administrative sector, economic sector, law & justice sector, and social sector.

CITY LAWYER was unable to reach any source at the Anambra State Judiciary at the time of going to press.

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‘TINUBU’S INEC CERTIFICATE NOT FROM US,’ SAYS CHICAGO VARSITY

Chicago State University (CSU) has stated that the certificate submitted to the Independent National Electoral Commission (INEC) by President Bola Tinubu did not emanate from the university.

Following over five hours grilling by lawyers to former Vice President Atiku Abubakar, CSU’s Registrar Caleb Westberg also said that Tinubu neither applied for a replacement certificate nor received one.

He stated that such duplicate diplomas are currently sourced from third-party vendors, even as he insisted that Tinubu is the same person that graduated from CSU in 1979.

He also told the team of interrogators during a deposition ordered deposition that “The university does not typically keep Diplomas. I have the Diploma that was made available to Mr. Enahoro-Ebah in our possession because Mr. Tinubu did not pick it up.”

“We believe Bola Tinubu who attended CSU is the same person who is the president of Nigeria today”, Westberg said during the deposition done on Tuesday in the office of Atiku’s lawyer, Angela Liu, at West Wacker Drive in Chicago.

Five other lawyers from the firm Dechert LLP joined in the deposition. President Tinubu was represented by Victor P.Henderson and Oluwole Afolabi, who joined the session by zoom from New York.

Michael Hayes appeared for Chicago State University.

Pressed further by the battery of lawyers representing Atiku on why he believes the person who is the president of Nigeria is the same person who attended CSU, Westberg said Bola Tinubu is an unusual name in the US.

He matched the Records in the file against the information provided by the student or on behalf of the student.

On the controversy over whether the student the school admitted in 1977 ffrom South West College was a man on woman, Westberg said Tinubu applied to the university as a male and a letter of admission was issued to a male.

On the certificates tendered in the documents given to Atiku, the registrar restated that the university only has Diplomas that students didn’t pick up in its possession.

“The university does not typically keep Diplomas.I have the Diploma that was made available to Mr. Enahoro-Ebah in our possession because Mr. Tinubu did not pick it up.

“I do not have the Diploma that was submitted to INEC in our possession because he had picked it up.’

“Why would Mr. Tinubu request a Diploma and not pick it up or ask that it be sent to him?”, one of Atiku’s lawyers asked.

Westberg replied: “You would have to ask him, that is Bola Tinubu”.

Here are other things Westberg deposed to: “I’m not aware of any instance where CSU had been requested to certify a document.Mr. Wole Afolabi who was acting for President Tinubu insisted that the documents must be certified. Mr. Wole Afolabi is President Tinubu’s lawyer. Mr. Afolabi and Mr. Orr communicated by email.

“I don’t recall seeing the emails. I don’t know if Jason Carter approved of the certification. Apart from Jason Carter I do not know anyone else who was involved in the process.

“I went into Mr. Tinubu’s student’s file and produced the documents to Mr. Orr. I didn’t know that the documents would be certified. I don’t get involved in legal matters.

“Mr. Tinubu requested that the documents be released to Mr. Afolabi for ‘legal proceedings’ The signature on the consent form is similar to the signature we have on record for Mr. Tinubu.

“All of the certified documents came from CSU’s files. Nothing was handed over to us by Mr. Afolabi except for the FERPA form. CSU had never certified documents for anyone before. It must have been made because there was more of a Nigerian thing.

“The documents were released in pursuance of a FERPA request. I believe Mr. Afolabi requested that the documents be certified. I’m not aware if the stamp affixed by Mr. Orr to the documents was an official document. It is not part of CSU practice.

“Mr. Orr later departed from CSU after these documents were certified.I don’t know if his departure was connected to the certification of the documents; but I don’t think it was.

“Mr. Tinubu’s counsel did not prepare any affidavit for me. He didn’t draft anything for me. My statement that Mr. Bola Tinubu graduated from CSU was based on the transcripts in our possession.

“I have never met Bola Tinubu. I have never seen him. He did not visit our campus. He does not donate money to the school.

“In the US, Diplomas are considered merely ceremonial documents. In some other countries, it may be considered more. In the US, more reliance is placed on transcripts and not on Diplomas.

“I did not rely on information from public records to come to the conclusion that President Bola Tinubu is the person who attended CSU. I am not aware that the FBI contacted CSU on whether Bola Tinubu attended CSU.

“Between 1979 and when I assumed duties, CSU must have had at least 6 Registrars. I never spoke to Ms. Davies. Some policies have changed over the years. When there is a replacement Diploma, it is done by outside vendors. I don’t know who created Exhibit # 6.
The institution decided that my name should not be typed on the ‘To whom it may concern’ letter because of the sheer volume of requests I was getting.

“Before CSU, I was at UC, Berkeley and UC, Irving. I’m sure people make mistakes in data entry from time to time. Before this lawsuit I didn’t know anyone called Bola.

“It was possible that someone assumes Bola to be a female and therefore marked the SouthWest Transcript as such.

“I am familiar with the affidavit filed by OLAJIDE Adeniji. I don’t recall his gender.I don’t know if Atiku Abubakar is male or female but I heard is a male. I can’t tell by his name.

“I checked the record and confirmed that OLAJIDE Adeniji and Bola Tinubu were at CSU at the same time. The person said he ran in a closely- contested race against Bola Tinubu for the leadership of the Accounting Student Union.

“I see that he said the same person he ran against is now the president of Nigeria. The Bola Tinubu who attended Southwest College took Accounting courses. The Bola Tinubu who attended CSU also took Accounting courses. I see the address indicated for Bola Tinubu. It’s not far from CSU. I looked at the whole record in making the determination that the Bola Tinubu who is the president of Nigeria today is the same person who attended CSU.

“The entries’1952’ and ‘1954’ could have been made in error. The person who attended Southwest College is the person who attended CSU. The courses taken by Bola Tinubu at Southwest and CSU are consistent.

“Right after the entry ‘F’, the SSN entered indicated in the Southwest transcript is the same as the one that was indicated in CSU records. That is one of the indications that we use to identify students. A Social Security is a unique identifier.

“I recognize Southwest College as a feeder school for CSU. Bola Tinubu graduated with Honours. It’s a GPA distinction. It is awarded to high performing students. Accounting is a rigorous Major. He graduated with Honours. Yes, certain students are more motivated than others.

“The students who are more motivated go on to accomplish greater things in life. I’ve seen that. As far as I know, he’s the president of Nigeria.

“There were materials in Mr. Tinubu’s records that show that he was a male. I see the application to CSU. Mr. Tinubu identified himself as a male. His letter of admission identified him as a male. It says: ‘Dear Mr. Tinubu’

“We know Mr. Tinubu’s Social Security number. It’s contained in his records.

“I see the entry on APC’s website wherein President Bola Tinubu was said to have been born in Lagos on March 29, 1952. I don’t have a copy of the Diploma that was submitted to INEC so I can’t comment on it.

“I am not aware of the fact that in the form that he submitted to INEC he claimed a different nationality or date of birth.

“Yes, our records show that he was born on March 29th. One has ‘1954’ while the other shows ‘1952’ From time to time, people do make mistakes when making such entries”.

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EXCLUSIVE: WOMEN AFFAIRS MINISTER WADES INTO UDUAK’S JUNGLE JUSTICE SAGA

The Minister for Women Affairs, Mrs. Uju Kennedy-Ohanenye has waded into the case of embattled young lawyer, Ms. Uduak Adams who was nearly lynched by an irate mob in Surulere, Lagos over a false alarm that she kidnapped a child.

Following the report by CITY LAWYER on Uduak’s plight, top aides of the minister reached out to the blog on the matter.

A senior lawyer, Ohanenye told CITY LAWYER that she was saddened by Uduak’s plight, adding that “We are interested in seeing that justice is done in the matter.”

It is recalled that the minister had recently waded into the allegations of sexual harassment levelled against Prof. Cyril Ndifon, the suspended Dean of the Faculty of Law, University of Calabar (UNICAL), vowing that anyone found culpable would be brought to justice.

Uduak had told CITY LAWYER in an exclusive interview that immediately a woman levied the allegation of kidnapping, 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 her personal dignity was trampled upon by the mob, 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.”

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‘UDUAK AND NBA LAGOS BRANCH: WE STAND BY OUR STORY’ – CITY LAWYER

Our attention has been drawn to statements issued by the Nigerian Bar Association (NBA), Lagos Branch wherein the Executive Committee demanded that CITY LAWYER “immediately withdraws the publication regarding Ms. Uduak and issue public apology failing which the Executive Committee of NBA may take legal action in defending the reputation of the Branch.”

The Executive Committee has variously described our report as a “misleading statement” and “careless publication.” We firmly reject this characterization.

Following up on its coordinated and frenzied attacks on CITY LAWYER and Mr. Emeka Nwadioke, its President and former award-winning journalist, the Executive Committee unleashed its officers and acolytes to impugn our character and the report.

It is a measure of the leadership diminution within the once hallowed branch that a member of the Executive Committee has been hounding our President via infantile direct messages such as “You are warned to cease and desist from spreading horrible rumours;” “When pride comes, then comes disgrace …;” “The Branch has prevailed over you triumphantly already!” Discerning stakeholders cannot but wonder whether this has become a popularity contest between CITY LAWYER and the Executive Committee or simply a case of whether a news report is factual or otherwise. Other Executive Committee members have chosen to characterize the report as “false” or to read non-existent motives into it.

Consistent with its misguided quest to ‘triumph’ over CITY LAWYER and its President, the Executive Committee, against settled principles, chose to constitute itself into both judge and jury, stating that “City Lawyer did not make any attempt to contact any member of the Executive Committee of NBA Lagos Branch in order to verify the facts before going ahead to publish false statement against the Branch. This, we believe, should not be condoned.

“Consequently, Emeka Nwadioke will be removed from all NBA Lagos related platforms, and City Lawyer posts will now be disallowed going forward.” This premeditated decision has been effected by the Branch leadership. At least one activist-lawyer has offered to legally challenge pro bono this apparently oppressive behaviour.

It is instructive that CITY LAWYER made an effort to interrogate the subject of Ms. Adams’ welfare with a member of the Executive Committee. This ultimately proved abortive.

Though the Branch leadership had publicly stated that “The Executive Committee will liaise with the National Welfare Committee of the NBA to ensure the welfare of Ms. Uduak,” the sad and pathetic tales Ms. Adams told CITY LAWYER amid heart-rending sobs clearly indicated that either nothing was being done in this regard or that sufficient traction was not being gained on such efforts. It was very clear to us that Ms. Adams was in considerable distress and trauma, with a deep-seated feeling that her case was not getting the desired attention and traction. She was unwavering in her assertion that, more than two weeks after the incident, she had not received any financial support from the Nigerian Bar Association (including NBA Lagos Branch) to defray her sundry medical bills.

Ms. Adams painted a vivid picture of a hapless survivor who had been left in the lurch. Notwithstanding the strenuous and orchestrated defence put up by the Branch leadership, it has failed to rebut this assertion. Instead, it was very convenient to attack the messenger! Indeed, in the aftermath of the needless brouhaha that has attended our report, CITY LAWYER has become aware that the survivor escalated her desperate condition to other public-spirited lawyers! However, we shall keep our gunpowder dry.

Equally instructive is that, in the aftermath of the CITY LAWYER report, the Branch leadership had sought to throw Ms. Adams under the bus in a desperate face-saving gambit. While we are unable to provide more details at this stage, we state that the Branch leadership cannot approbate and reprobate. It must walk its talk and follow through on its commitment to “liaise with the National Welfare Committee of the NBA to ensure the welfare of Ms. Uduak.” No amount of ill-advised attempt to muzzle accountability and Free Speech will suffice.

We believe that NBA Lagos Branch, which prides itself as the poster-child of NBA, should manage its media relations function better. Sadly, it chose to deploy a shock-and-awe stratagem instead to muzzle the messenger.

This hugely disappointing conduct notwithstanding, CITY LAWYER has continued to thread a higher moral ground in the circumstances. Given that our report was fundamentally an interview with Ms. Adams, what the Branch is entitled to is a “Right of Reply.” Aligning with global best practice, we have published the rebuttal issued by the Branch leadership, shorn of the litany of ad hominem attacks that have become the common thread in this matter.

It is highly instructive that the Branch leadership had gratuitously labelled our report as “false.” What it has spectacularly failed to do till date is provide any proof to rebut the factual basis of our report. Indeed, Ms. Adams has not denied either granting us an interview or repudiated any scintilla of assertion made in the report. Clearly, playing to the gallery must have limits!

While we concede that the new Branch leadership is still learning the ropes, it must quit its ‘campaign mode’ and quickly settle down to what matters most – members’ welfare. Need we remind the Executive Committee that it, perhaps characteristically, was conspicuously absent at the recent burial of its member, Late Mrs. Ijeoma Chizoma Oparanozie, who died in very tragic circumstances. Again, while other individuals and entities have been very upbeat in trying to seek compensation for her estate vis-à-vis possible medical negligence, the Branch leadership has been ominously silent on the subject. If the leadership turns a new leaf today, it would be doing itself and the Branch members a world of good.

We thank all stakeholders who have called to offer pro bono legal services and to pledge their solidarity with CITY LAWYER. We assure you all that this has buoyed our commitment to the pursuit of probity and lawyers’ welfare.

For the avoidance of any doubt howsoever, we stand by our report.

Thank you.

MANAGEMENT
CITY LAWYER

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LAFIA AGOG AS TRIBUNAL SACKS SULE, DECLARES OMBUGADU WINNER

There was wild jubilation yesterday on the streets of Lafia, Nasarawa State capital, following the Governorship Election Petition Tribunal judgment which nullified the declaration of Governor Abdullahi Sule as winner of the March 18, 2023 gubernatorial poll.

The three-man panel of the Nasarawa State Governorship Election Petition Tribunal had earlier declared David Ombugadu of the Peoples Democratic Party, PDP, winner of the election. The development has sparked widespread jubilation among residents of the state, especially Ombugadu’s supporters.

The three-man Governorship Election Petition Tribunal sitting in Lafia had sacked Governor Sule of the All Progressives Congress (APC) and declared Dr. David Ombugadu of the Peoples Democratic Party (PDP) as winner of the majority votes in the governorship election.

Justices Chiemelie Onaga and Ezekiel Ajayi (chairman) held that while the petitioners presented valid subpoenaed evidence such as the INEC Result Viewing (IReV) portal and Bimodal Voter Accreditation System (BVAS) to prove their allegation of over-voting, the respondents only provided photocopies of results as evidence. The panel held that the decision of the two judges was based on the merit of the case as argued, and was in line with the provisions of the Electoral Act.

However, a dissenting judgment by Justice Ibrahim Mashi held that Ombugadu and the PDP did not prove that they won the election. He, therefore, ruled that the petitioners’ prayers should be dismissed.

Meanwhile, in Adamawa State, the Election Petitions Tribunal sitting in Yola declared Governor Ahmadu Fintiri as the winner of the March 18, 2023 governorship poll conducted by the Independent National Electoral Commission (INEC).

The governorship candidate of Social Democratic party (SDP), Dr. Umar Ardo, is seeking the nullification of the poll, alleging corrupt practices and non-compliance with the Electoral Act by INEC.

While delivering judgment, yesterday, the panel of three justices headed by Justice Theodora Uloho dismissed the petition on the grounds that it lacked merit. Uloho, in her 51-page lead judgment that lasted two hours and forty-eight minutes, described Ardo’s petition as a skeleton without flesh.

Citing Section 4(1)d of the 2022 Electoral Act, the panel pointed out that the petitioner failed woefully to comply with the provisions of the Electoral Act. The tribunal held that the petitioner was generic and speculative, pointing out that there were no documents attached to the petition to support the claims.

Justice Uloho said the petitioner lumped together the claims of corrupt practices and non-compliance without substantiating who committed the infractions. According to the panel, the petitioner did not submit any document or oral witness to prove that the election was marred with crisis, corrupt practices and non-compliance.

Citing Section 137 of the Electoral Act 2022, the tribunal stated that the burden of proof was solely on the shoulders of the petitioner. It also noted that no witness list or particulars of evidence were attached to the petition in line with the provisions of the Electoral Act, saying that it rendered the petition impotent. The tribunal awarded N800,000 damages to the four respondents in the case.

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‘CLIENT CASES: EVERY LAWYER’S CHECKLIST,’ BY BAYO AKINLADE

A CHECKLIST EVERY LAWYER MUST HAVE BEFORE TAKING A CLIENT’S CASE TO COURT

I am asking myself whether our lawyers involved in election petition cases and other cases are doing anything to secure a better future for our justice system.

I would think that all cases start or doesn’t start with the advice given by a lawyer. Just like I know that every litigation is commenced by the lawyer who thinks that taking his client’s case to court will not only bring about justice for the client but will add to the jurisprudence of the justice system.

As for me, I have created a checklist for taking a case to court and they are:

1. Is it the only way of getting justice for my client?

2. Will this case improve our justice system?

3. Can the court infrastructure handle the Dispute?

4. Is the judge worth bothering with the dispute?

5. Can I be humble enough to call the other party to seek mediation and redress out of court?

If I can’t, in good conscience answer these questions positively, I simply advice my client not to go to court and tell the client pointblank that I cannot waste the court’s time with his case.

  • Bayo Akinlade is the Publicity Secretary of the Nigerian Law Society

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MAIKYAU ATTENDS OPENING OF ENGLAND AND WALES LEGAL YEAR

NEWS RELEASE

The President of the Nigerian Bar Association (NBA), Mr. Yakubu Chonoko Maikyau, OON, SAN, was in London to attend the 2023 Opening of the Legal Year for England and Wales.

The event commenced on Sunday, 1 October with a Bar Leader’s Discussion organised by the Law Society of England and Wales and the Bar Council of England and Wales, that took place at Grey’s Inn. The Discussion which had the NBA President as one of the panelists, explored the topic: How best to consolidate the independence of the legal profession in international – and domestic – law? Should there be a binding legal instrument protecting the independence of the legal profession? If so, what should it say? The other panelists were Panagiotis Perakis, President CCBE; Sheila Webster, President, Law Society of Scotland; Victor Dawes SC, Chairman Hong Kong Bar Association.

The discussion was chaired by Nick Vineall KC, President of the Bar Council of England and Wales, while Lubna Shuja, the outgoing President of the Law Society of England and Wales, delivered the final remarks.

In his intervention, Mr Maikyau noted the very important place that legal practitioners occupy in the society as underscored in the profound words of a former Chief Justice of Nigeria, Sir Adetokunbo Ademola, CJN, who posited that “The respect in which the Bar in any county is held is the best indicator of the freedom in that country”.

He also noted that the recent increased agitations in various countries to regulate the Bar is an indication that the Bar may have lost some of its respect and this may not be unconnected to the way we have carried ourselves ethically over the years. The Discussion was followed by a formal dinner at the Law Society Hall.

The Opening of the Legal Year Service took place on Monday, 2 October 2023 with a Church Service at the Westminster Abbey, followed by Lord Chancellor’s reception and a Seminar with the Judiciary. This year’s event coincides with the swearing-in of Dame Sue Lascelles Carr, DBE as the Chief Justice in England and Wales; the first lady Chief Justice since the creation of the office in the 13th century. There were several networking events on the sidelines, with beneficial discussions of possible collaborations and partnerships.

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EXCLUSIVE: ‘HOW NDIFON SEXUALLY HARASSED STUDENTS, RIGGED LAW SCHOOL LIST’ – UNICAL PANEL (FULL REPORT)

The probe panel set up by the University of Calabar to investigate allegations of sexual harassment of female students, misconduct and abuse of office by the suspended Dean of the Faculty of Law, Prof. Cyril Ndifon, has adjudged him guilty of “gross misconduct.”

In a report of the panel obtained by CITY LAWYER, the panel “established the serial violations of some of the extant rules and regulations.” The report is titled “REPORT OF THE PANEL SET UP TO INVESTIGATE ALLEDGED  (SIC) MISCONDUCT, SEXUAL HARASSMENT AND ABUSE OF OFFICE LEVELLED AGAINST PROFESSOR CYRIL OSIM NDIFON, SUSPENDED DEAN OF FACULTY OF LAW, UNIVERSITY OF CALABAR.”

The panel was regaled with accounts of sexual harassment by 10 current and former students of the university, even as one of the witnesses, a 200-level student, told the panel that the suspended Dean told her that “she would be answerable to every sexual call put across to her….” CITY LAWYER participated in some of the panel’s hearings via the Zoom platform.

According to the report, “Prof. Ndifon called her to come to the office the next day and when she came, he locked the office and brought out his penis and told her that if she sucked his penis, he would accept her into the Faculty. After much pressure from the suspended Dean and feeling frustrated, this survivor gave in and sucked his penis and almost got choked as Prof. Ndifon held her head while forcing his penis into her mouth.”

The panel report also contains details of “24 mobilized students for law school Admission whose results were not cleared,” indicating that the Nigerian Law School list from the university may have been rigged by the suspended Law teacher.

In one instance, the panel stated that “This candidate’s name is not in the screened list of the final year law students. However, she is mobilized for law school.” In another case, the panel stated that “Further (name withheld) did not take Jurisprudence a core course but is mobilized for law school.”

On “Major Misconduct,” the panel “established that the suspended Dean, Prof. Cyril Osim Ndifon was using his official position to both intimidate and bargain for sexual favour from female students in the Faculty of Law.”

Turning to “Gross Misconduct,” the panel “established that the suspended Dean had been involved in students’ exploitation. Elaborately, he had been perpetrating cruelty against students by forestalling the graduation of especially some female students at the appropriate time by withholding and refusing to release their results and threatening some that they would never graduate from the Faculty or go to the law School.”

The panel also “established that the suspended Dean was compelling the law students to pay for a Faculty Journal that was non- existent for three consecutive academic sessions.”

The panel recommended “That the suspended Dean of law should face the statutory Disciplinary Committee of the University of Calabar for appropriate sanctions applicable to acts of both Major and Gross – misconduct. The panel makes this recommendation in view of Prof. Ndifon’s antecedents in the Faculty of Law, which from the testimonies given by both staff and students are in clear violations of the extant rules and regulations governing the conditions of service of staff of the University of Calabar. He has used his position as a lecturer and his position as Dean of the Faculty of Law for non- edifying purposes, frustrating, traumatizing and jeopardizing the future of some of the students, as well as the lecturers.”

It also recommended that “The suspended Dean should be made to refund over three million naira (N3m) realized from the payments made by the law students for the Law Journal which he neither published nor gave to the students.

“That the acting Dean should without delay arrange internal defense for Barrister Anne Eruegi Agi to defend her Ph.D and encourage same to put in for promotion in the next promotion exercise.

“That the university should make a rule to stop lecturers from asking students to come and see them at odd (after official) hours and if need be, encourage the culture of not locking their offices when consulting with students. This is consistent with global best practice.

“The university should bend backwards so as to come to the aid of some law students who have been roaming around because of the lapses in the Faculty of Law over the years. There should be a call for such to come for supplementary examinations or mop up. This will go a long way to help the University gain the confidence among stakeholders and prove to the wider society that the University cares and is not indifferent.

“Further steps should be taken to clean up the mess in the Faculty of Law. The seeds of discord planted over the years need to be uprooted. The culture of borderization seems to be entrenched both among staff and students. Such is unhealthy for academic standards, discipline and merit…. It is indeed possible with God on the side of the University for old things to pass away and for everything to become new in the Faculty of Law, University of Calabar, Calabar.”

The report stated that Ndifon “was properly invited thrice by the Panel to come and defend himself but he failed to appear. The invitations were done through written memos, text and WhatsApp messages, as well as radio announcements. The panel had to rely on his responses to the 10 point query issued to him by the University as guidance.”

One of the terms of reference for the panel was “To thoroughly investigate cases of sexual harassment and molestation levelled against the suspended Dean of Law by female students and others who may have felt victimized.” Regarding this term of reference, the investigation panel received sworn statements from students and alumni of the Faculty of Law, University of Calabar, three written and signed statements from other survivors of same. Five alumni gave evidence via zoom while four current students appeared in person and gave evidence as follows ….”

CITY LAWYER recalls that some students of the Faculty of Law had protested alleged sexual harassment and other infractions by the suspended Dean of Law.

Though Women Affairs Minister, Mrs. Uju Kennedy-Ohanenye had told CITY LAWYER that Nigeria’s First Lady, Senator Oluremi Tinubu had waded into the matter, UNICAL Vice Chancellor, Prof. Florence Banku Obi told CITY LAWYER that the university would leave no stone unturned to get to the root of the allegations.

According to Obi who spoke while receiving the report, copies of the report will be submitted to Ohanenye; Education Minister, Prof. Mamman Tahir (SAN), and the National Universities Commission (NUC).

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UDUAK: NBA LAGOS DEBUNKS REPORT, THREATENS LAWSUIT

The Nigerian Bar Association, Lagos Branch has debunked a report by CITY LAWYER that it has abandoned Ms. Uduak Adams, a young lawyer who was attacked by an irate mob in Lagos over a false kidnapping alarm.

In a rejoinder signed by the Publicity Secretary of the branch, Mr. Omoniyi Onabule, the Branch leadership described the report as “misleading,” assuring that it has been taking steps to care for the survivor.

It is recalled that Ms. Adams had told CITY LAWYER in an interview that aside from a visit by some officers of the branch, she had not received any financial support especially to defray her sundry medical bills arising from the injuries inflicted on her during her ordeal in the hands of the mob.

But the Branch Executive disagreed, saying: “We find the publication worrisome because the publisher deliberately turned a blind eye to the statement issued by the Executive Committee of NBA Lagos Branch on the steps taken with regards to Ms. Uduak.

“In fact, in addition to all the official steps taken and reported, we confidently state that the Chairman of the Branch checks up on Ms. Uduak regularly on her well-being. It is unfortunate that this careless publication has necessitated the need to inform members of the personal donation extended to Ms Uduak by the Chairman of the Branch.”

The leadership demanded that CITY LAWYER “immediately withdraws the publication regarding Ms. Uduak and issue public apology failing which the Executive Committee of NBA may take legal action in defending the reputation of the Branch.

“Finally, we urge our members and the general public not to politicize this sensitive issue.”

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INDEPENDENCE: ‘LET US FORTIFY RULE OF LAW’ – NIGERIAN LAW SOCIETY

October 1, 2023
COMMEMORATING NIGERIA’S INDEPENDENCE DAY AND THE URGENT NEED TO FORTIFY OUR PILLARS OF JUSTICE
Dear Esteemed Colleagues,

As we celebrate our dear country’s Independence Day today, 1st of October, it is incumbent we reflect not only on our nation’s sovereignty and celebrate same vigorously, but also more importantly that we consider the urgent need for true independence within critical institutions, particularly our revered judiciary. Indeed, the need for free and independent institutions cannot be overemphasized; they are essential to our ever-growing democracy.

Therefore, this auspicious occasion underscores the imperative for autonomy in our judiciary, particularly in terms of true financial and operational independence. This is crucial for ensuring the unbiased administration of justice and the unwavering adherence to the rule of law. These are the very pillars upon which any just society stands.

Today, let us pause to pay tribute to the exceptional contributions of our diligent legal practitioners. Your unrelenting efforts and steadfast dedication to the administration of justice and the upholding of the rule of law constitute the very foundation of our legal system. Your unwavering commitment has paved the way for a more equitable and just society.

In the same breath, let us also take a moment to remember and mourn our fellow judicial officers, who have departed from us to the great beyond since the last Independence Day. Their dedication and service to our legal system shall forever be etched in our hearts.

As we honour their memories, let us also advocate for an increase in the wages of our judicial officers. Recognizing their invaluable contributions and ensuring their well-being is not only a gesture of gratitude but a commitment to the continued strength and integrity of our judicial system.

On this momentous day, let us also contemplate the paramount importance of fortifying the rule of law and the administration of justice in Nigeria. It is our collective duty to guarantee that justice is accessible, transparent, and impartial for every citizen.

Let us persist in our pursuit of a legal system characterized by transparency, accountability, and efficiency. By upholding the loftiest standards of professionalism and ethical conduct, we contribute to a more robust and prosperous Nigeria.

May this Independence Day serve as a poignant reminder of the influence and obligation we hold, as custodians of the law, to shape a brighter future for Nigeria.

Yours sincerely,

Kunle Ogunba SAN,
President, Nigerian Law Society.

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TINUBU: JUDGE ORDERS CHICAGO VARSITY TO FILE RECORDS LATEST TUESDAY (FULL JUDGMENT)

A United States Court has ordered the Chicago State University (CSU) to complete all filings relating to the order to release President Bola Tinubu’s academic records latest by 5 pm on Tuesday.

In a ruling obtained by CITY LAWYER in the contentious legal tussle between Tinubu and Nigeria’s former Vice President Atiku Abubakar, Judge Nancy Maldonado of the Northern District of Illinois in Chicago held that “Respondent CSU is directed to produce all relevant and non-privileged documents in response to Requests for Production Nos. 1 through 4 (as narrowed by Judge Gilbert and adopted by the District Court in its opinion) in Mr. Abubakar’s subpoena, by 12:00 p.m. (noon) CDT, on Monday, October 2, 2023.

“The Rule 30(b)(6) deposition of CSU’s corporate designee must be completed by 5:00 p.m. CDT on Tuesday, October 3, 2023.”

CITY LAWYER had reported that Judge Maldonado had dismissed Tinubu’s objection, issuing a two-day ultimatum to CSU to release the documents to Atiku.

She also upheld the September 20 ruling of US Magistrate Judge, Jeffery Gilbert, who ordered the CSU to release Tinubu’s academic records as requested by Atiku, stressing that the PDP candidate Atiku had the right to have access to the records.

“For the reasons stated in the Court’s accompanying Memorandum Opinion and Order, the Court overrules President Tinubu’s objections (44] and adopts Judge Gilbert’s recommended decision [40] in full.

“The Court therefore grants Mr. Abubakar’s application under 28 U.S.C. § 1782. [1],” Justice Maldonado of the Northern District of Illinois ruled.

The memorandum opinion and order read in part, “Atiku’s application is therefore granted. In light of the pending Supreme Court of Nigeria deadline. represented to the Court as October 5, 2023, and based on CSU’s representations that it is ready to comply with the discovery requests and produce a witness, the Court sets an expedited schedule for completion of discovery. Respondent CSU is directed to produce all relevant and non-privileged documents.

“The Rule 30(b)(6) deposition of CSU’s corporate designee must be completed by 5:00 p.m. CDT on Tuesday, October 3, 2023. Given the October 5, 2023, filing deadline before the Supreme Court of Nigeria, the Court will not extend or modify these deadlines.”

Abubakar, the presidential candidate of the main opposition Peoples Democratic Party (PDP), had approached the US District Court in Northern Illinois to compel the university to release Tinubu’s academic records, arguing that it would boost his suit challenging the President’s election in the February 25 presidential poll.

The PDP candidate had requested the documents for use in Nigerian courts to support his argument that Tinubu forged a certificate he claimed to have obtained from CSU in 1979 and submitted to Nigeria’s electoral body, the Independent National Electoral Commission (INEC), for the 2023 presidential election.

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AFAM OSIGWE PREACHES UNITY AT NIGERIA’S 63RD INDEPENDENCE

Dear Fellow Nigerians,

As Nigeria marks its 63rd Independence Day, I extend my heartfelt congratulations to every citizen of this remarkable nation. Today, we come together to celebrate not just a historical milestone, but also the spirit of resilience, diversity, and unwavering hope that defines Nigeria.

Unity has always been at the core of Nigeria’s strength. In a country as diverse as ours, unity is not just a choice but a necessity. It’s a reminder that despite our differences in language, culture, and tradition, we are all bound by a common identity as Nigerians. Let us continue to foster unity, transcending the barriers that may seek to divide us, and together, we can face any challenge that comes our way.

Freedom, the cornerstone of any democratic society, is a precious gift we must cherish and protect. It’s a reminder that we have the power to shape our destiny and hold our leaders accountable. Let us pledge to preserve this freedom, ensuring it reaches every corner of our nation, and guaranteeing equal opportunities and justice for all.

As we celebrate, let us also focus on growth and development. Nigeria is a land of immense potential, from its abundant natural resources to its vibrant human capital. It’s a country capable of greatness. Let us work tirelessly to harness this potential, creating a future where every Nigerian enjoys a higher quality of life and access to education, healthcare, and economic opportunities.

In this moment of celebration and reflection, let us unite in prayer for Nigeria’s progress. May our great nation continue to grow, prosper, and shine as a beacon of hope for Africa and the world. Let us pray for leaders with vision and integrity, for peace and security to prevail across the land, and for the betterment of the lives of all Nigerians.

Happy 63rd Independence Day, Nigeria! Let the colors of our flag inspire us to strive for unity, freedom, and growth. Together, we can achieve a brighter, more prosperous future.

With optimism and solidarity,

Mazi Afam Osigwe, SAN

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INDEPENDENCE: ‘LET’S EMBRACE THINGS THAT UNITE US,’ SAYS MAIKYAU

INDEPENDENCE DAY MESSAGE BY THE PRESIDENT OF THE NIGERIAN BAR ASSOCIATION, MR YAKUBU CHONOKO MAIKYAU, OON, SAN

Sunday, 1 October 2023

Dear Learned Colleagues,

Notwithstanding the myriad of challenges confronting us as a nation and our present-day experience, we cannot afford to give up on the Nigeria of our dream – a Nigeria where we all live in peace and harmony, with tremendous economic growth under a stable and purposeful leadership.

We must, therefore, introspect, retune our thinking deliberately and, recalibrate our steps and actions. We must redirect our minds by focusing on the positive – our strengths and achievements – and build on them towards achieving a just and prosperous society. We must refuse to be overwhelmed by our negative experiences but contribute from our individual corners towards realizing the fullness of our immense potential, which makes Nigeria the great nation that it is. We must move Nigeria from a great nation potentially, to a great nation experientially.

We must rise above all prejudices, de-emphasise the things that separate us and embrace the things that unite us. This is only possible when we allow our humanity and the love of God in our hearts to find expression, as we relate with each other as a people. This must be our mindset and posture as we work and keep hope alive. As members of the legal profession, we must always remember that our primary call is, to live for the direction of our people and the advancement of the cause of our dear nation Nigeria. We are blessed with great human resource populated by vibrant, brilliant, energetic, innovative, and resourceful youth. We must together, champion the recovery, reformation, and repositioning of Nigeria. A NEW NIGERIA IS POSSIBLE.

It is on this note that I wish all Nigerians a wonderful 63rd Independence Day Anniversary.

Long live the Federal Republic of Nigeria!

God bless the Federal Republic of Nigeria!!

Yakubu Chonoko Maikyau, OON, SAN
PRESIDENT

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KIDNAPPING: NBA ABANDONS YOUNG LAWYER AFTER MOB ATTACK

The young lawyer who was nearly lynched by an irate Lagos mob for alleged kidnapping, Ms. Uduak Adams, has been abandoned to her fate by many stakeholders including the Nigerian Bar Association (NBA), CITY LAWYER can authoritatively report. The attack occurred on Thursday, September 14, 2023.

While Uduak has been shuttling between hospitals in a bid to resolve the injuries sustained during the attack, including an appointment with a neurosurgeon, she has not received any financial support from NBA or any of its branches. CITY LAWYER gathered that the young lawyer has been left to defray all her attendant medical bills from her meagre resources.

Uduak had told CITY LAWYER in an earlier interview that she was squatting in churches due to lack of accommodation and financial resources.

Asked whether she has been healed of the injuries she sustained during the mob attack, Uduak said: “I am still in a lot of physical pains and psychological trauma. It has not been easy for me. I have sleepless nights, and I now live in fear. I don’t feel safe anymore, especially in Lagos and in Nigeria. I feel so lonely and I am battling with a lot of things.”

It is recalled that about two NBA National Officers had visited Uduak alongside some NBA Lagos Branch officials to pledge their support. NBA Uyo Branch and some individuals have also made public statements indicating their desire to see that Uduak gets justice. While Uduak hails from Akwa Ibom State, she is a member of NBA Lagos Branch.

However, when CITY LAWYER asked Uduak whether she has received any financial support from either NBA headquarters or NBA Lagos Branch  towards her medical bills, she said: “I have not received any financial support from NBA National or any of its Branch any where in Nigeria or abroad. I have not received any financial support from any group or stakeholder whatsoever in Nigeria or abroad.”

She however said that “only NBA Lagos has paid only a solidarity visit to me so far. No other group, stakeholder or association has visited. If there is any, I would have mentioned it.”

CITY LAWYER recalls that NBA Uyo Branch had issued a statement vowing to support Uduak in her quest for justice, saying: “The Chairman of NBA Uyo Branch, Augustine Enefiok Udoh Esq. and the Vice Chairman/Chairman of Human Rights Committee of the Branch, Mrs. Angela Mick-Akpabio have reached out to Miss. Uduak Adams, a legal practitioner and a native of Akwa Ibom State based in Lagos State who was recently, tragically and wrongly accused of kidnapping and subsequently subjected to a horrific act of mob violence in Lagos State by being flogged with a horse wipe, struck with planks, and subjected to numerous punches and kicks along Aborishade street, Surulere, Lagos State.

“The Chairman of Uyo Branch thanked the 1st and 3rd Vice Presidents of Nigerian Bar Association, Mrs. Linda Bala and Mrs. Mandy Asagba for the role they played.” It was gathered that the public statement arose from a telephone call to Uduak by one of the branch executives.

Uduak had in an exclusive interview with CITY LAWYER narrated how she nearly lost her life to an irate mob in Aborishade, Surulere, Lagos following a false alarm that she kidnapped a child.

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

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ATIKU WINS AGAIN, AS US COURT ORDERS RELEASE OF TINUBU’S CHICAGO RECORDS

Judge Nancy Maldonado U.S. Court for the Northern District of Illinois in Chicago has restated the earlier ruling by Magistrate Judge Jeffrey T. Gilbert which ordered Chicago State University to release President Bola Tinubu’s academic records by tomorrow, Monday, 2nd October, 2023.

According to a trending document obtained by CITY LAWYER, Judge Maldonado reportedly warned that any request for stay of the judgement from Tinubu will be denied.

In a major victory for former Nigerian Vice President Atiku Abubakar, Judge Nancy Maldonado of the United States District Court for the Northern District of Illinois has ruled that Chicago State University (CSU) must release all documents about Bola Tinubu, the current President of Nigeria. The order includes all relevant and non-privileged documents, such as Tinubu’s admission records, transcripts, and any other documents related to his education at CSU.

Abubakar had filed a lawsuit in the US court seeking to compel CSU to release Tinubu’s academic records. He argued that the records were necessary for his case in Nigeria, in which he is challenging Tinubu’s victory in the 2023 presidential election.

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