CHAIRMAN OF THE BODY OF BENCHERS’ MENTORING COMMITTEE, CHIEF JOE-KYARI GADZAMA, SAN WELCOMES THE NEW WIGS

The Chairman of the Body of Benchers’ Mentoring Committee, Chief Joe-Kyari Gadzama, OFR, MFR, SAN has heartily congratulated the 4426 fresh-from-the-oven new wigs who just got enrolled to practise law as Barristers and Solicitors of the Supreme Court of Nigeria.

The just concluded Call to Bar event, which was held at the Body of Benchers Complex in Abuja-Nigeria on the 5th, 6th and 7th days of March, 2024 was conducted by the Body of Benchers; the Legal Body of Practitioners of the highest distinction in the legal profession statutorily empowered to conduct Call to Bar ceremonies.

The distinguished Learned Silk, while welcoming the new wigs to the largest Bar in Africa, seized the opportunity to highlight that the second edition of the Body of Benchers Mentoring Program for all Young Lawyers has been scheduled to commence from June 1, 2024 till November 30, 2024. He advised them to watch out for the publication to be made in the second quarter of the year regarding the modalities for application, by the Secretary of the Body of Benchers, Mr. Daniel Tela.

He urged the new wigs and other young lawyers to take advantage of the BOB Mentoring Program when it is published; remarking that the Maiden Edition of the Mentoring Program which was held in 2023 was of tremendous benefit to the young lawyers who participated in the Program.

In his concluding words, the Life Bencher enjoined the new wigs to pay attention to every detail of the charge and admonition by the outgoing Chairman of the Body, Hon. Justice Mary Peter Odili JSC Rtd. and as contained in the BOB brochure for Call, to avoid any invitation as ‘guests’ to the Legal Practitioners Disciplinary Committee (LPDC) for misconduct.

He further added that the Rules of Professional Conduct for Legal Practitioners 2023 must be their companion at all times to keep themselves abreast with the dos and don’ts in the noble profession of law which they are all privileged to belong to.

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The University of Ibadan (UI) has dusted other universities by posting a whopping 27 First Class graduates from the Nigerian Law School, CITY LAWYER can authoritatively report. It enrolled 144 Bar aspirants.

According to figures obtained by CITY LAWYER, Lagos Campus of the elite vocational training school for lawyers also left other campuses behind by recording 61 First Class graduates out of the 961 Bar aspirants that enrolled in the campus.

While some of the State and private universities are beginning to show their clout on the pecking order, a few ‘old generation’ universities including University of Benin with 52 aspirants, Ahmadu Bello University with 123 aspirants, Bayero University (45 aspirants), American University of Nigeria (AUN) with 19 aspirants and the ‘Foreign Students’ contingent were conspicuously missing from the First Class listing.

Hot on the heels of Lagos Campus was Port Harcourt Campus (1018 Bar aspirants) which posted 56 First Class graduates while Abuja Campus (1094 aspirants) recorded 54 First Class graduates. Kano Campus  (784) recorded 29 First Class graduates, Enugu Campus (699 aspirants)  posted 19 First Class graduates, Yola Campus (453 aspirants) followed closely with 18 First Class graduates while Yenagoa Campus brought the rear with 14 First Class graduates, though with only 299 Bar aspirants.

Among the Top 10 universities that posted First Class graduates are Afe Babalola University with 21 graduates out of a sizeable 226 aspirants, Babcock University (20 of 118 aspirants), Obafemi Awolowo University (18 of 233 aspirants), and Benson Idahosa University (12 of 104 aspirants). While the University of Lagos (153 aspirants), Nnamdi Azikiwe University (218 aspirants), University of Uyo (145 aspirants) and Olabisi Onabanjo University (186 aspirants) tied at the 6th position with 11 First Class graduates each, Lagos State University (171 aspirants) followed closely with 10 First Class graduates.

Completing the Top 10 list were Rivers State University (8 of 241 aspirants), Abia State University (7 of 151 aspirants) and Bowen University (7 of 54 aspirants) which tied with the same points as well as Adeleke University (6 of 88 aspirants) and Ebonyi State University (6 of 144 aspirants) which shared the same spot on the Top 10 log.

Among the more popular universities who managed to squeeze themselves into the First Class ranking were BAZE University (2 of 103 aspirants), University of Nigeria, Nsukka (1 of 25 aspirants), University of Jos (1 of 88 aspirants), University of Calabar (1 of 105 aspirants) and University of Ilorin (1 of 72 aspirants).

The Call to Bar ceremonies which commenced last Tuesday ends today, with prizes being given to outstanding graduates. ITY LAWYER platform on WhatsApp, click here

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Professor of Law and former Dean of the Faculty of Law, University of Lagos (UNILAG), Professor Akin Ibidapo-Obe has won a landmark lawsuit against unauthorised bank withdrawals.

Justice Oluwatoyin Odusanya of an Ikeja High Court ordered four banks to pay N23,050,237. 54 as special and general damages to a claimant, Dr. (Mrs) Oluwatosin Sanu in a N53 million suit instituted against them .

Justice Odusanya awarded N3,050,237.54 as special damages, N20,000,000 as general damages against the defendants while interest was ordered to be paid on unauthorised withdrawal of N3,050,237. 59 at the prevailing bank rate from September 6, 2013 till August 5, 2014 and thereafter interest on the judgment sum at 10 per cent per annum from February 2, 2024 to the date of payment.

A copy of the judgment obtained showed that Justice Odusanya gave the awards while delivering judgment on February 2, 2024 in the suit marked ID/ADR/195/14 filed by Dr (Mrs) Sanu through her lawyer, Prof. Ibidapo-Obe.

The court, however, declined the claimant’s request for exemplary damages in the sum of N25million for being unable to prove the offence of “wanton, cruel and insolent conduct” against the 1st to the 4th defendants.

The court gave the award having established “negligence and lack of duty of care” against the four out of five banks listed as defendants in the suit marked ID/ADR/195/14..

The suit was commenced by a Writ of Summons dated August 5, 2014 in which the claimant who owns and runs’ a current and savings accounts at the Idi-Araba Branch of the 1st defendant bank stated that the two banking accounts had credit in the sum of N2,568,847.94 in the current account number and N477 379.55 in the savings account number of the 1st defendant.

According to the writ, the claimant travelled to the United States when she received an e-mail from one Mr. Olatunbosun Alakija informing her that there were purported transactions going on in her banking accounts and that the claimant promptly repudiated the purported transaction as she had her cheque book and ATM card with her on her trip to the USA.

“The claimants was then informed by the 1st defendant that a total sum of N3,050,237 had been transferred to various purported beneficiary accounts through the bank’s internet banking transactions.

The claimant stated that the 1st defendant breached the duty of care owed to her and was negligent in the management of her current banking account when it facilitated such huge withdrawals without the claimant’s knowledge and authorisation.

In their amended statement of defence, the 1st to 5th defendants stated that they were not negligent in handling the account of the claimant and that they observed safe practice in handling the internet and electronic banking transaction activities on the account.

Led by her counsel, Prof. Akin Ibidapo-Obe in her examination in-chief, the claimant adopted both the written deposition dated August 5, 2014 which were admitted as evidence in her testimony before the court.

Other exhibits which were tendered and admitted included a letter dated September 17, 2013 admitted and marked Exhibit A:, Letter dated August 26, 2013 admitted and marked Exhibit B”; Statement of Account with the Certificate of Identification and marked Exhibit C1 and C2 “

Delivering judgment in the matter, Justice Odusanya, citing several decided cases held that superior courts have held that “ a bank has a duty under its contract with its customer to exercise re:care and skill in carrying out its part with regard to the operations of contract with its customers. The duty to exercise reasonable care extends over the whole range of banking business within the contract customers.”

The judge said this duty applies to interpreting, ascertaining and in accordance with the instructions of the customer.

Justice Odusanya also held: “It is trite law that customers’ monies in the hands of the banker in the custody or under the control of the customer and such monies are property in the custody and control of the banker and payable when a request is made. Thus if anything happens to the money thereafter e.g. theft or unauthorised withdrawal, it is the banker and not the customer that absorbs the loss.”

Justice Odusanya, citing decided cases, held: “ in an action on negligence, for a plaintiff, to succeed, must in addition to pleading and establishing the particulars of negligence relied on, and also state and establish the duty of care owed to him by the defendant facts upon which that duty is founded and the breach of that duty by defendant.”

Citing more authorities, the judge further held: “It is also accepted in law that there can be no action in negligence unless there is damage. Negligence is only actionable if actual damage is proved. The gist of the action is damage and there is even no right of action for nominal damages. Negligence alone does not give a cause of action. Damage alone does not give a cause of action. The two must co-exist.

The judge listed the essential ingredients of actionable negligence to include the existence of a duty to take care of the amount owed to the complainant by the defendant; failure to attain that standard of care prescribed by the law and damage suffered by the complainant, which must be connected with the breach of duty to take care.”

The judge said once these requirements are satisfied, the defendant in law will be held liable in negligence.

Justice Odusanya held that it has been established that 1st to 4th defendant banks owed duty of care to the claimant and were negligent in the performance of their duties and that it follows that she is entitled to damages that she is claiming. .

The judge said all the defendants failed to comply with the CBN Regulation and were negligent in account opening of their customers and failed to exercise the requisite duty of care.

The judge said they also failed to comply with what even a reasonable man and professional should do especially in respect of information obtained from customers addresses and identity card.

She said the court however found that the case of negligence has not been established against the 5th defendant and consequently dismissed the case of the claimant against the 5th defendant bank accordingly.

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The Pioneer Chairman of NBA-SPIDEL, Joe-Kyari Gadzama, SAN has appealed to the Board of Trustees (BOT) members of the NBA, especially the Chairman, Dr. Olisa Agbakoba, SAN to intervene in the lingering leadership crisis between the NBA President and the Chairman of NBA-SPIDEL.

According to Gadzama who spoke with some journalists, “the Elders of the NBA need to step in as a matter of urgency before the profession is disgracefully dragged through the mud and the little respect the profession still commands is eviscerated.”

The learned silk who had earlier encouraged the NBA President and the leadership of the NBA-SPIDEL to sheath their swords and seek amicable and mature ways of settling their difference, decried the action of the NBA-NEC in dissolving the leadership of the NBA-SPIDEL, “even in the face of a pending lawsuit instituted by some members of NBA-SPIDEL on the issue at hand which the NBA claimed it was not served, but the General Secretary of the NBA admitted to the contrary, that NBA was served.

“This action of the NBA-NEC is antithetical and repugnant to the Association’s motto, which is, ‘Promoting the Rule of Law.’ Furthermore, it would undermine the fair-mindedness of the NBA-NEC which may now be seen as a rubber-stamp Council, acting to satisfy the yearnings of the NBA President. Recall that the NBA President is empowered under the NBA Constitution to appoint more than 100 members of the NBA-NEC. And with the benefit of hindsight, no past President and only a handful of SANs attended the Jos NEC meeting, thereby depriving the meeting additional wise counsel.

“The court action between the duo can be likened to a member of a family unit suing the head. And in this case, we must all note that SPIDEL is the connecting rod between the NBA and the Public and the activities of an organized and functional SPIDEL are essential for the eventual performance of the constitutional and statutory mandate of the NBA.”

Gadzama believes that the Elders of the NBA can still intervene to settle the debacle notwithstanding that the issue is subjudice. His interest is to see the two sides settle their disputes and he is convinced that, through the intervention of the BOT which has the mandate to come to the rescue of the Association whenever it is a a crossroads such as this one, the warring sides can come to a progressive understanding.

His words: “The courts are always available to decide who is wrong and who is right, but that legal voyage can be avoided if the NBA President and the leadership of the NBA-SPIDEL submit themselves to the BOT members for an amicable resolution of the dispute, which would better serve the profession, so that both the NBA and the newly formed Nigerian Law Society (NLS) can join hands as co-promoters of the rule of law, cause of justice, good governance, democracy, and co-fighters of impunity, injustice, corruption, etc.”

He noted that the warring parties should be focused more on unifying the members of the Association, working for their welfare, and not engaging in brawls that are of no benefit to the Association or legal profession at large.

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As the countdown to the maiden edition of the Nigerian Bar Association Section on Business Law (NBASBL) Eastern Zonal Conference hots up, the members of the Section in Rivers State will be holding pre-conference cocktails in Port-Harcourt on Tuesday, March 12, 2024. The inaugural NBASBL Eastern Zonal Conference holds on March 20, 2024 in Enugu. 

According to the NBASBL Eastern Zone Representative in Rivers State, Mrs. Cordelia Eke, the cocktails is open to members and intending members of NBASBL in Port Harcourt.

“The event would afford attendees an opportunity to network, share information about the conference, unwind and enjoy good music from a live band and lots more,” she told CITY LAWYER.

Eke, who is a former Secretary of the Electoral Committee of the NBA (ECNBA), noted that the cocktails is being hosted by Serenity Legal Union and Partners by 4 pm at their office at Jessy and Jenny Street, Trans Amadi, Port Harcourt.

The inaugural conference has as its theme, “Unlocking Prosperity: Exploring the Legal and Entrepreneurial Business Opportunities in the Eastern Zone of Nigeria”. The one-day conference will hold at Hotel Sunshine, Plot C5, Presidential Road, Independence Layout, Enugu.

Registration fees for young lawyers who are SBL members is N5,000; for young lawyers who are non-SBL members, it is N10,000, inclusive of free SBL membership in 2024. Senior lawyers with more than seven years of post-call experience who are SBL members will pay N15,000 while senior lawyers with more than seven years of post-call experience (non-SBL members) will pay N20,000, also inclusive of free SBL membership in 2024.

For sponsorship and further inquiries, contact info@nbasbl.org, Ehi Barnabas Henry on 08037780864 or Tony Atambi on 07063090833.

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The Nigerian Bar Association (NBA) has given reasons why it sacked the Executive Committee of its Section on Public Interest and Development Law (SPIDEL).

In a communique signed by NBA President, Mr. Yakubu Maikyau SAN and NBA General Secretary, Mr. Adesina Adegbite, the association stated that “NEC condemned the actions of the Chairman of Section on Public Interest and Development Law (SPIDEL) which undermines the authority of the President and the Council. Consequently, NEC resolved and directed the immediate removal of the members of the Executive Committee of SPIDEL. NEC also ratified all the actions taken by the President with respect to SPIDEL and directed that all actions filed by John Aikpoko-Martins and Funmi Adeogun, purportedly on behalf of NBA-SPIDEL be discontinued forthwith.”

It listed the lawsuits as Suit No. FHC/ABJ/CS/1285/2023 – John Aikpokpo-Martins Esq & 2 Ors v. Federal Government of Nigeria & 2 Ors; Suit No. FHC/ABJ/CS/90/2024 – John Aikpokpo-Martins, Esq & Anor v. Ms. Hannatu Musa Musawa & 3 Ors; Suit No. FHC/ABJ/CS/246/2024 – John Aikpokpo-Martins & Anor v. The Inspector General of Police & 3 Ors; Suit No. FHC/ABJ/CS/247/2024 – John Aikpokpo-Martins, Esq & Anor v. The Inspector General of Police & Anor; Suit No. FHC/ABJ/CS/248/2024 – John Aikpokpo-Martins, Esq & Anor v. The Inspector General of Police & Anor.

The NBA also stated that “NEC further approved the constitution of a Caretaker Committee to manage the affairs of the SPIDEL with additional mandate to investigate the circumstances leading to the filing of actions in court without approval of NEC. The Caretaker Committee comprised of the following members: Sir Steve Adehi, SAN (Chairman), Yakubu Philemon, SAN (Member), Ben Oji (Secretary), Ronke Adeyemi (Member), and Eva Amadi (Member).”

CITY LAWYER recalls that some leading human rights activists had condemned the NEC resolution, saying it did not follow due process.

COMMUNIQUE OF THE NBA-NEC MEETING FOR THE 1ST QUARTER OF 2024

Distinguished Colleagues,

The National Executive Council (NEC) of the Nigerian Bar Association (NBA) had its meeting for the 1st quarter of 2024 in Jos on the 29th day of February 2024.

The national officers, sections, institutes, committees, and fora of the NBA all rendered report to the NEC, which is the highest decision making organ of the NBA, after the Annual General Meeting (AGM). NEC considered all of these reports, as well as other issues relating to the state of the bar and the nation.

Attached is the communique of the said NEC meeting, which reflects “…the unequivocal commitment of the leadership of the Nigerian Bar Association to strengthen the legal profession and its institutions, ensure professional integrity, promote rule of law and justice, and advance the course of the nation building.”

Akorede Habeeb Lawal
National Publicity Secretary, NBA

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The Federal Government has withdrawn charges filed against 21 Bureau De Change (BDC) operators recently arrested at Alade Market, Lagos, CITY LAWYER can authoritatively report.

When the matter came up for arraignment of the foreign exchange operators, the Prosecutor, ASP Umaru Bello told the court that the Federal Government was desirous of withdrawing the charges.

Lead Counsel for the defendants, Mr. Chino Obiagwu SAN did not object to the application by the prosecutor. The charges titled Charge No: FHC/L/C/133C/2024 were struck out by Justice Lewis Allagoa.

It was however unclear at press time whether the arrested persons would again be charged to court, as they were taken back into detention at the Lagos State Criminal Investigation Department (SCID), Panti , Lagos.

One of the charges reads: “THAT YOU IBRAHIM JUBRIL ‘M,’ ABDULLAHI ABUBAKAR ‘M,’ IBRAHIM HASSAN ‘M,’ ADAMU ISIAKA ‘M,’ IBRAHIM ABDULRAHMAN ‘M,’ JUBRIL HASSAN ‘M,’ MOHAMMED ISIAKA ‘M,’ MOHAMMED AMINU ‘M,’ ADAMU IBRAHIM ‘M,’ HASSAN AHMADU ‘M,’ SALISU HAMIDU ‘M,’ MAHMOUD MOHAMMED ‘M,’ MURTALA USMAN ‘M,’ HASSAN YAKUBU BALGUDA ‘M,’ ABDULLAHI KABIRI MOHAMMED ‘M,’ ALI SADAM ‘M,’ AHAMADU YUSUF ‘M,’ ABDULLAHI HUSSAIN, ALHAJI SIDO AND OTHER (SIC) STILL AT LARGE ON OR BEFORE THE 21ST DAY OF FEBRUARY, 2024 WITHIN THE METROPOLIS OF LAGSO, NIGERIA WITHIN THE JURISDICTION OF THE FEDERAL HIGH COURT OF NIGERIA, DID INTENTIONALLY, KNOWINGLY/UNLAWFULLY CONSPIRES (SIC) WITH EACH OTHER AND OTHERS AT LARGE , TO OPERATE FOREX TRADINGS AS BUREAU DE CHANGE (BDC) WITHIN DESIGNATED STREETS IN LAGOS, WITHOUT DISPLAY/BEING IN POSSESSION OF LICENSE TO OPERATE SAME, AND THEREBY COMMITTED AN OFFENCE CONTRARY TO AND PUNISHABLE UNDER SECTION 17(a)(b)(c) OF THE MONEY LAUNDERING (PROHIBITION) ACT CAP. M18 LAWS OF THE FEDERATION OF NIGERIA 2020.”

Following the free fall of the Naira, the Federal Government has unleashed a crack down on parallel market and bureau de change operators in a bid to contain the situation.

Some analysts have however queried the strategy, wondering whether it would solve the problem of general shortage of foreign currency which puts pressure on the Naira.

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NEWS RELEASE

“Remembering the Legacy: A Tribute to Charles Idehen, Champion of Justice”

By Afam Osigwe, SAN

Mr. Charles Idehen’s legacy reverberates through his profound contributions to the legal profession and his unwavering commitment to justice and the rule of law. As a former President of the Nigerian Bar Association (NBA) and later the African Bar Association (AfBA), Pa Idehen epitomized integrity, leadership, and dedication.

Elected as NBA President in 1989, his tenure marked a period of significant advancement in Nigeria’s legal landscape. His leadership was characterized by a steadfast commitment to upholding the principles of justice, fairness, and accountability. Idehen’s tenure was marked by his tireless efforts to bridge divides within the legal community and foster collaboration among legal practitioners.

Beyond his national leadership role, Mr. Idehen’s influence extended across the African continent. His presidency of the AfBA provided him with a platform to advocate for the rule of law and promote legal reforms across borders. Idehen’s legacy as a bridge-builder is evidenced by his efforts to mediate conflicts and promote dialogue in various African nations, earning him respect and admiration from colleagues and counterparts alike.

His foray into politics, particularly his gubernatorial bid in Bendel State, exemplified his commitment to public service and his desire to effect positive change beyond the confines of the legal profession. His decision to transition from law to politics underscores his belief in the power of governance to shape societies and advance the cause of justice.

Throughout his career, he remained a stalwart defender of human rights and a vocal advocate for the marginalized and oppressed. His passion for justice and his unwavering dedication to the rule of law serve as an enduring inspiration to all who strive for a more just and equitable society.

In this moment of loss, we reflect on Mr. Charles Idehen’s profound impact on the legal profession, his steadfast commitment to justice, and his enduring legacy as a champion of the rule of law. Though he may have departed this world, his legacy will continue to inspire generations of legal practitioners and advocates for years to come.

“Embracing Opportunity: Afam Osigwe’s Inspiring Address to the Nigerian Law School Class of 2023”

At the celebratory dinner for the Nigerian Law School Class of 2023, Afam Osigwe, a distinguished Senior Advocate of Nigeria (SAN), delivered an inspiring address to the aspiring lawyers poised to be called to the bar. With an aura of wisdom and experience, Osigwe conveyed a message of hope and opportunity, urging the new wigs to embrace the legal profession with zeal and determination.

In his eloquent speech, Osigwe emphasized the vast potential within the legal field, assuring the soon-to-be lawyers that there is ample room for them to grow and establish their unique place in the profession. He encouraged them to not only aspire for success but to also actively seek ways to make a meaningful impact in their legal careers.

Acknowledging the diversity of ambitions and backgrounds among the new wigs, Osigwe highlighted the boundless opportunities available to each of them, regardless of their academic achievements or personal circumstances. His words resonated with optimism and a belief in the transformative power of the law to effect positive change in society.

As the evening progressed, Osigwe extended his warm congratulations to his colleagues in equity, wishing them success as they prepared to embark on their journey in the legal profession. His words of encouragement served as a beacon of guidance for the Class of 2023, instilling in them the confidence and determination to excel in their future endeavors as legal practitioners in Africa’s vibrant legal landscape.

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Congratulatory messages are still pouring in for the newly appointed Ondo State Attorney-General and Commissioner for Justice, Dr. Kayode Ajulo SAN.

In a statement made available to CITY LAWYER, the immediate past Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN said that he received the news of Ajulo’s nomination and confirmation “with great joy and a deep sense of pride.”

Continuing, the Life Bencher wrote: “Indeed, your appointment and confirmation as the Attorney General and Commissioner for Justice is well-deserved and a testament to your outstanding leadership ability and meritorious service in various notable capacities to Ondo State and our dear nation Nigeria. Without a doubt, you have contributed immensely to the development of the Ondo State and Nigeria at large, the testament of which earned you your honours as an Officer of the Order of the Niger and a Senior Advocate of Nigeria.

“It is my firm conviction that you will harness your skills, experience and expertise garnered over the years together with your strength as a youth and visionary foresight to efficiently serve the Ondo State people and Government for the betterment of Ondo State and our dear nation. Being a seasoned leader and lover of your people, it is only a matter time before Ondo State and Nigeria continue to reap from the harvest of your hard work.”

On his part, the Commandant of Tantita Security outfit in Ondo State, Senior High Chief Idowu Asonja, also congratulated the senior lawyer and human rights advocate for the “well-deserved” appointment, “owing to his wealth of experience and effective performance in legal vocation.”

In a statement obtained by CITY LAWYER, Asonja specially commended the Governor of Ondo State, Hon. Lucky Aiyedatiwa “for appointing a man with a clear vision in driving positive change and advancing the interest of Ondo State and Nigeria at large in his day-to-day public release.”

According to him, “with the appointment of Dr. Kayode Ajulo as Attorney General and Commissioner for Justice in Ondo state, I am convinced that Governor Aiyedatiwa is committed to excellent service delivery.

“I am highly impressed by the quality and reasonable people painstakingly appointed by the Governor. People who share good vision, mission and drive for their father’s land”.

“I know that Dr. Kayode Ajulo has worked hard to reach this point, and I’m so happy that he has been recognized for his hard labour with this new appointment and assignment. It is well-deserved”.

“What a wonderful blessing to have Dr. Kayode Ajulo, a man with clear vision, a visionary leader, a hardworking and diligent fellow, and a man who is genuinely interested in upholding the dignity of the sunshine state on board in government of Ondo State, assuring that the dedication and ability that got him to this level will continue to serve him well.

“Dr. Kayode Ajulo SAN is my personal and family lawyer; I know his antecedents and what (he) is capable of doing. In his common language, the progress and development of Ondo State are his major concerns. May God grant him the power, enablement and strength to achieve his long-term vision for Ondo State.”

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The Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers has come down heavily on a senior lawyer of 41 years post-call for using derogatory language against an Anambra Chief Magistrate.

In a February 20, 2024 direction obtained by CITY LAWYER, the Committee ordered “That the Respondent CYPRIAN OBIORA IFEANYI AGWUNA, ESQ. be and is hereby suspended from the Roll of Legal Practitioners and from engaging in the business of practicing law for a period of 24 months from the date of this DIRECTION.”

The Committee also ordered that “The Chief Registrar of the Supreme Court is hereby DIRECTED to effect the above Order and to make a notation of this DIRECTION against the name CYPRIAN OBIORA IFEANYI AGWUNA, ESQ. on the Roll of Legal Practitioners.”

CITY LAWYER gathered that the direction is sequel to an October 2, 2020 complaint by one Peter Okoye Nwankwo to the LPDC against the embattled lawyer. The applicant is a nominal complainant in a criminal matter, Charge No. MNJ/33C/2014 Commissioner of Police v Nwabueze Nwankwo & Ors pending before His Worship, Chief Magistrate Sumi Anagbogu, then sitting at Abagana, Anambra State.

Sitting as a Senior Magistrate, the court had delivered a ruling in 2018 declining a “No Case Submission” made by Agwuna. Apparently dissatisfied with the decision, the senior lawyer wrote an “Application for Transfer of Suit” to then Chief Judge of Anambra State as well as an “Application for Adjournment” dated 10th August, 2020.

The applicant had sought the following reliefs from the LPDC: (a) That the Committee applies appropriate remedies in penalizing the Respondent for his wayward allegation against the Applicant; (b) Appropriate penalties for one Peter Onwuakpa Esq. whom the Respondent often procures to endorse documents or processes whenever there is need to affix legal seals, and (c) The Applicant prayerfully desires that the Committee uses its offices to redeem the image of the law profession from undesirable practitioners and to render some sense of belonging to the society whose only hope is on the judiciary.”

Dismissing the two issues formulated by the applicant, the Committee formulated its own issue for determination as follows: “Whether from the entirety of the facts presented before this Committee and the evidence adduced, the Applicant has established a case of professional misconduct against the Respondent.”

The committee dismissed the allegation of dilatory tactics against the respondent in handling the criminal case, stating that “Counsel engaged to handle a matter is at liberty to handle the matter in the best interest of his client, to whom he owes a duty, albeit professionally.”

It also declined to sanction one Peter Onwuakpa Esq., saying that he was not joined as a party. “We cannot make Orders against a party who has not been duly brought before us, nor given an opportunity to defend the allegation against him,” the committee held, adding that only the courts can award damages for defamation.

The committee however noted that “the other arm of unethical and unprofessional conduct allegation against the Respondent can be gleaned from the contents of the accompanying documents to the Originating Application.”

Turning squarely to the alleged abuse heaped on then Senior Magistrate, the committee held that “We have carefully gone through Attach A and are alarmed at the effrontery of Counsel in describing a sitting Magistrate in the manner that the Respondent did in that Application. The Application did not only contain allegation of financial inducement by the Applicant herein on the magistrate, but equally accused the Magistrate of shamelessly telling lies, ranting and shouting at Counsel, and, not being able to appreciate legal issued before the court.”

Noting that the respondent did not deny being the author of the attached documents, the committee stated that the respondent’s statements “are to say the least demeaning of the person of the presiding Magistrate. These words were intended and actually did cajole and ridicule the presiding Magistrate.”

The committee held that “It is regrettable, and we condemn in very strong terms the language employed by the Respondent in his Application to the Chief Judge. A lawyer called to the Bar in 1983, as contained in the Respondent’s averments, is expected to conduct himself more responsibly no matter how dissatisfied and disappointed he may feel with the judex.”

In concluding, the five-member committee held as follows: “In all, we find the Respondent guilty of breaching the provisions Rule 31 of the Rules of Professional Conduct for Legal Practitioners 2007, in that he did not treat the presiding Magistrate with respect, as per the contents of ‘Attach A’ which he authored.”

Aside from ordering the suspension of Agwuna’s from the roll, the committee orderd that the direction should be brought to the notice of the Chief Registrar of the Supreme Court, the Nigerian Bar Association (NBA) President and the General Council of the Bar as well as published in THE PUNCH newspaper.

It also ordered that the direction should be served on all heads of courts, the Attorney-General of the Federal and State Attorneys-General as well as the Inspector General of Police and all State Commissioners of Police.

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The National Executive Council (NEC) of the Nigerian Bar Association (NBA) has formally pronounced the creation of NBA Eti-Osa Branch.

The decision was taken at a recent meeting of NBA-NEC held in Jos, Plateau State and sequel to an application signed by the Founding Chairman of Eti-Osa Lawyers Forum (ELF), Mr. Adewale Sanni among others requesting for the creation of the branch. 

NBA President, Mr. Yakubu Maikyau SAN said the pronouncement had become imperative given that all conditions precedent to the creation of the branch had been fulfilled. 

CITY LAWYER recalls that Lagos State Chief Judge, Justice Kazeem Alogba had recently pronounced the creation of Eti-Osa Judicial Division. 

It is mandatory that an NBA Branch must be domiciled within a judicial division of a high court.

Commending NBA for the resolution to formally establish the branch, Sanni said that “It had been a long and tortuous journey but we thank all who ensured that it was fruitful at the end.”

He singled out Maikyau and Justice Alogba for praise, saying that “It goes without saying that without their unalloyed commitment, the branch would not have been a reality. 

“I thank the NBA President, the Executive Committee and the Executive Council for refusing to play politics with the creation, and for acting swiftly upon our fulfilment of the requirements. We also thank the General Secretary whose rendition of the content and prayer in our application to NECouncil during their deliberation was most articulate, concise and persuasive.

“I must thank all ELF members in various capacities, including Learned SANs, seniors and young lawyers who have sustained this project, and who endorsed the application under their own hands to give it the authenticity it deserves.” 

The fiery Bar Leader also thanked especially “all those who have always been and supported us through their time, money and moral support, and who believed in the project from conception of the idea to locate courts in Eti-Osa, to following up, to completion, as well as the agitation for a Judicial Division and now the NBA Branch.”

Expectedly, Sanni singled out his deceased confidante, Mr. Abioye Akerele for special mention, saying that “I am sure the ELF co-founder and pioneer Secretary is now smiling in heaven.”

The NBA has set measures in motion to conduct elections for the two newly created branches of Eti-Osa and Yaba/Surulere.

A former President of the Nigerian Bar Association (NBA), Mr. Charles Idehen, is dead, CITY LAWYER can authoritatively report. 

He was elected president of the NBA in 1989 and later became the president of AfBA, a position he relinquished. He contested for the governorship of then Bendel State.

In an announcement by the President of the African Bar Association (AfBA), Mr. Hannibal Uwaifo, he stated that Idehen “will be remembered for his bridge building efforts across the Continent, his tireless fight for the enthronement and sustainance of the rule of Law and his famous interventions in conflicts across Africa.”

Below is the full text of the announcement. 

SPECIAL ANNOUNCEMENT
——————————–
DEAR COLLEAGUES,

It is with regret but deep Gratitude to God, the Almighty that announce the passing to eternity of MR CHARLES I. IDEHEN former President of the African Bar Association and former President of the Nigerian Bar Association. He was aged 83 years.

Mr IDEHEN will be remembered for his bridge building efforts across the Continent, his tireless fight for the enthronement and sustainance of the rule of Law and his famous interventions in conflicts across Africa.

In his days our former President stood behind an independent Judiciary and a prosperous Legal Profession. His EXCO set a new height for the African Bar Association.

He was a leader, mentor, father and a shinning example of humility to many of us. He was very kind and never showed his Aristocratic background. He was the only Child of his Mother. He will be greatly missed. Our prayers are with his Children and Family.

I urge you all to light up your candles ?️?️?️?️ and Pray for the repose of his Giant Soul.
May his Soul rest in eternal peace, Amen.
SGD
Hannibal Uwaifo Esq
President of the African Bar Association ?????? 

Leading human rights activists have lampooned the Nigerian Bar Association President, Mr. Yakubu Maikyau SAN and the National Executive Council (NBA-NEC) for its decision to dissolve the Executive Committee of the Section on Public Interest and Development Law (SPIDEL).

Meanwhile, CITY LAWYER gathered that there was a near-unanimous endorsement of the Mr. John Aikpokpo-Martins-led Executive Committee by SPIDEL members. It was gathered that the outpouring of solidarity was demonstrated especially on SPIDEL’s WhatsApp platform where the members vowed to resist the NEC resolution and newly appointed Caretaker Committee.

Signposting the defiance of nearly all but one SPIDEL member who spoke on the issue, fiery human rights activist Inibehe Effiong said: “Let the caretaker (committee) come and lead let’s see! Who are they going to lead?”

In a tweet which he made available to CITY LAWYER, former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu wrote: “While the interdiction of @nba_spidel remains pending at the High Courts of Lagos & Delta States respectively, @NigBarAssoc president, @YCMaikyauSAN, who is a party to both suits, chooses to endrun the courts? So much for #PromotingTheRuleOfLaw….!”

Leading human rights advocate, Mr. Ebun-Olu Adegboruwa SAN decried the sack of the SPIDEL Executive Committee, saying the dispute “should have been resolved by elders of the Bar,”

Speaking with CITY LAWYER, Adegboruwa said: “The discord between NBA and one of its Committees SPIDEL, is very unfortunate.

“The NBA exists for the protection and promotion of the rule of law and this is best expressed through its constant interventions in matters that directly affect the masses of the people.

“The dispute between NBA Exco and SPIDEL should have been resolved by elders of the Bar, especially the Board of Trustees, rather than the punitive decision of NEC that has further divided the Bar rather unite it.

“Given the state of the Nigerian nation presently, especially the challenges faced by lawyers all over, there is need to unite the various bodies within the Bar.

“Personality disputes between leaders of the Bar have no positive impact on lawyers generally and these disputes should be downplayed.

“The Bar should focus on issues affecting the Bar and the clients that they represent.”

A former Chairman of NBA Obollo-Afor Branch, Dr, Gerald Abonyi said the handwriting was all over the wall prior to the dismissal of the SPIDEL leadership. His words: “Some of us saw it coming; that type of show of power should not be found in the NBA whose motto is ‘promoting the rule of law’. The NBA is an association of lawyers; it is not a political party. We bond professionally and should depict that ethics at all times. Is the NEC resolution removing the leadership of SPIDEL and directing the withdrawal of all their matters in court not vindictive and taken to assuage the ego of Mr. President of the Bar? How then are we promoting the Rule of Law when the matter is subjudice.”

CITY LAWYER recalls that Justice Joe Egwu of Delta State High Court had ordered the claimant, former NBA-SPIDEL Publicity Secretary Godfrey Echeho to serve the court processes on the defendants by substituted means. While Maikyau was sued alongside NBA General Secretary, Mr. Adesina Adegbite “For themselves and as representing the members of the National Executive Council of the Nigerian Bar Association”), the Incorporated Trustees of the Nigerian Bar Association was also joined as a defendant.

Justice Egwu while granting the prayer for substituted service held that “With regards to prayers No. 1 and 2 contained in the motion paper, the Defendants are hereby given seven days from the date of service of the enrolled order of this Honourable court to show cause why reliefs Nos. 1 and 2 contained in the motion exparte ought not to be granted.

“The return date for the Defendants to show cause is fixed for Monday the 4th day of March 2024 and the same date is also fixed for the hearing of the motion on notice.”

CITY LAWYER gathered that NBA was duly served with the court processes and enrolled order, a situation reportedly acknowledged at the NBA-NEC meeting by Adegbite.

Saying that a similar fate befell him in the hands of NBA-NEC, former NBA Ikorodu Branch Chairman, Mr. Bayo Akinlade wrote: “@⁨GCB John Aikpokpo-Martins,⁩ the NBA belongs to no man. I felt the heavy weight of NEC once …. I was disgraced out, not given the opportunity to speak or defend myself against those who raised motions against me. I was escorted out unceremoniously with my name tag removed from my neck to show that I no longer was a member of NEC and worst still, I was removed as chairman of my branch and NEC gave the chairmanship of my branch to another who was at the NEC meeting but wasn’t even a member.

“To say the truth, I had never been so humiliated, I had overcome the intrigues of some people in my branch, stood for elections 3 times in 2 weeks because members continued to still vote for me. I gave up even then and told my colleagues that I wouldn’t contest but they said that I must and I did only to be removed by NEC, by my colleagues in other states who didn’t know anything but just accepted what the president handed down as a verdict.

“I cried that day but I was relieved also. Ikorodu barely had up to 70 active members and I was coming from the global community …. I told myself that Ikorodu and NBA as a whole didn’t need what I had to offer.”

Reacting to the dismissal of the SPIDEL Executive, a senior lawyer and SPIDEL member Lillian Eronini, said: “It’s absolute crap. We voted the executives into that position. It is very irresponsible of the NBA president to caution SPIDEL on the activities that concerns public interest. What YC has done with his gang is totally unacceptable and disgusting to say the least. I am so ashamed of the actions of the stereotype NEC. Sad!”

However, Mr. Abraham Imoisili, another SPIDEL member, said: “It was easily foreseeable. There was no way the SPIDEL Executives were going to survive politically at the NEC Meeting. A wiser course of action on the part of the SPIDEL Chairman would have been to have a genuine parley with the NBA President with a view to getting his support for future SPIDEL activities.”

CITY LAWYER recalls that the NBA-NEC had passed a resolution to dissolve the SPIDEL Executive Committee even as it appointed a five-member Caretaker Committee to oversee its affairs. The committee members are Mr. Steve Adehi SAN (Chairman), Mr. Ben Oji, Mr. Yakubu Philemon SAN, Ronke Adeyemi and Eva Amadi.

The NBA-NEC directed the committee to take steps to terminate all the public interest cases instituted by the sacked SPIDEL leadership while mandating the committee to investigate the erstwhile leadership to determine those funding the cases.

The council also approved the recommendation of the Electoral Committee of the NBA (ECNBA) that the National Officers Elections should be held on July 20, 2024.

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