NEWS RELEASE

Inauguration of Elected NBA National EXCO

Following the election of new Executive Officers of the Nigerian Bar Association (NBA), with Mazi Afam Osigwe, SAN as President, the new EXCO will be inaugurated at a ceremony to be held on Thursday, 29th August, 2024, at The Ballroom, Lagos Continental Hotel, Kofo Abayomi Street,
Victoria Island, Lagos State.

All guests and other attendees to the ceremony are expected to be seated at the venue by 10:30 am.

The programme of events will include oath-taking, award and Inaugural Speech by the elected President.

The Inauguration can be viewed via the Zoom link:
https://us06web.zoom.us/j/84236203069?pwd=EswSrnSxPbvTai08HjXB1KOC2Cr6tv.1

Passcode: 950544

Chief Emeka Obegolu, SAN, PhD,
Co-Chairman
Joint Transition Committee

All is set for what promises to be another feisty Nigerian Bar Association (NBA) Annual General Meeting (AGM) as estranged Treasurer Caroline Anze-Bishop is set to storm the venue of the meeting today.

Though NBA President, Mr. Yakubu Maikyau SAN had barred Bishop from receiving the financial sponsorship extended by the NBA leadership to other National Officers to attend the ongoing Annual General Conference (AGC), this did not deter the embattled Treasurer from hitting Lagos on the eve of the conference.

This may have set the stage for another clash with Maikyau over the association’s finances.

Bishop told CITY LAWYER yesterday that despite her longstanding quest, she is still sidelined as regards the association’s finances, adding that she was not a party to any financial report to be presented at today’s AGM.

It is recalled that Bishop had in a letter addressed to the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN in his capacity as the Chairman of the General Council of the Bar (GCB), urged him to “set-up a high-powered Committee to immediately and thoroughly consider and investigate my concerns.”

The letter was titled “A REPORT OF A PERPETUAL ABUSE OF OFFICE, THE MARGINALIZATION OF THE NBA NATIONAL TREASURER AND URSURPATION (SIC) OF HER DUTIES UNDER THE NBA CONSTITUTION (2021 AS AMENDED) BY THE PERSON OF THE NBA PRESIDENT MR. Y. C. MAIKYAU SAN: AN APPLICATION FOR AN IMMEDIATE INVESTIGATION OF THIS COMPLAINT AND FOR YOUR NECESSARY ACTION.”

A similar petition was addressed to the Chairman of the Body of Benchers as well as to NBA Trustees. Bishop had made a similar plea following controversies that trailed the NBA Annual Report and Accounts at the 2023 Annual General Meeting.

Chronicling a litany of allegations which verged on not being permitted or given facilities to discharge her mandate as set out in the NBA Constitution, Bishop wrote: “As it stands now Sir, I know nothing about the Financial Position of the Association or how Mr. President is spending our Association’s finances. He simply does as he wishes and obviously without my involvement or referral to due official templates. In truth, Mr. President and G.S are the NBA Treasurers de facto while I have become a Treasurer who shows up at NEC and other Statutory Meetings to present and adopt an (sic) doctored Financial Report. My duties as contained in Section 9(5)(g) of the NBA Constitution 2021 as amended have been completely hijacked by the General Secretary with the total backing of Mr. President, without the slightest regard to my enshrined Constitutional mandate. It goes without saying therefore that I cannot endorse Annual Financial Report or present same at the subsequent NBA AGM 2024 as the NBA National Treasurer, because my job has once again been hijacked and I am still and left in gross darkness as to the Financial Status of the Bar.

It is quite unfortunate that I am still being marginalized from carrying out my constitutionally sworn duties by Mr. President especially for the second time in a row, and in a manner worse than the previous year. I therefore humbly invite this exalted body to intervene and protect my Office and other National Officers who are subjected to this autocratic leadership of the NBA President. Our public image as a Bar is at an al time low right now and I dare say it may be exposed to further embarrassments courtesy of this trajectory of the NBA President, who would rather be a autocratic than a democratic Leader.

“Decisions are taken to NEC or churned out to Nigerian Lawyers by Mr. President as the resolutions of the National Executive Committee when Official National meetings are scarcely ca led, called epileptically, hardly concluded or never even called. Section 9(6) of the NBA Constitution 2021 as amended provides that a meeting of the National Executive Committee shall hold monthly and that all resolutions are democratically arrived at, but in our given instance the reverse applies substantively. We seldom meet as the National Executive Committee and when we do it is mostly for a Skeletal briefing by Mr. President.”

Continuing, Bishop wrote: “I therefore take this opportunity to tell all Nigerian Lawyers ahead of this year’s Annual General Meeting that the financial affairs of the Association of the Bar are still solely run by Mr. President and who has again ousted the National Treasurer from all financial activities of the Bar I repeat it again that the state of our Finances at the Bar are not transparent or known to me at all because it is Mr. President and the General Secretary that are still running the Finances of the Bar and I ask that this impunity be nibbed in the bud now lest this present unconstitutional action becomes a template and antecedent of action for future Presidents of the Bar. I have voiced out these concerns because the Bar is our commonwealth and in line with my Oath of Office all of our distinguished Colleagues need to have this information of my mandated
Stewardship efforts with Bar Finances and conundrums involved as well, as early as possible for
their needful as Stakeholders Sir.”

Saying that “no President is mandated by the NBA Constitution to takeover, assume or mute the duties of other elected Officials in the name of running the Bar,” Bishop urged Fagbemi to “kindly set-up a high-powered Committee to immediately and thoroughly consider and investigate my concerns as as presented and for your necessary action Sir.”

CITY LAWYER recalls that Bishop has been engaged in a long-drawn battle with the NBA President over claims that she has not been allowed to perform her constitutional role as the financial gatekeeper for the Association.

The face-off peaked during the last AGM when Bishop refused to endorse the financial report, saying that she was not privy to its preparation. The report was not adopted by the NBA Annual General Meeting. There are strong indications that history may repeat itself today.

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• ‘SOMEONE I BEGGED FOR FUND SAID HE HAD ALREADY DONATED TO AGCPC!’

• REFEREE REFUSES TO DECLARE RESULTS OVER NON-PAYMENT

• SPORTS C’TE CANCELS TENNIS EVENTS

• ‘NON-PAYMENT OF PRIZE MONIES BY NBA MUST STOP!’ – SPORTS C’TE CHAIR

Crisis has engulfed some sports events at the ongoing Nigerian Bar Association Annual General Conference (NBA-AGC), CITY LAWYER can report.

CITY LAWYER gathered that aside from cancelling some scheduled sports events which the competitors had paid for due to non-release of funds by the AGC planning Committee (AGCPC), the Chairman of the AGC Sports Sub-Committee, Mr. Anthony Atata has heaped the blame for the chaos that has enveloped the sports events on the AGCPC.

The crisis peaked last night when the referee for the scrabble competition bluntly refused to declare the results, saying that he has not been paid. As things stand, the results of the competition are yet to be known by the participants and other stakeholders.

According to a post obtained by CITY LAWYER, Atata revealed that in his frantic efforts to raise funds to save some of the scheduled events, “One of the people I reached out to informed me that he had already donated towards the event . I know some other people would have done so too.”

In the post made on the WhatsApp group of those who paid entry fees to play Table Tennis, Scrabble and Chess, an apparently embarrassed Apata wrote: “It is with a deep sense of regret that I announce that we are unable to organise the Table Tennis events (4 categories of Male , Female, Para Male and Female)

“It’s a shame and very depressing that we can’t continue because of funds. The Conference Planning Committee has failed to disburse funds to organise these events that are so close to our hearts.

“I do not know the reason why this is so. However, we were able to pull off swimming and Chess successfully because of the support we had from M. A. Lawan, former Chair of Kano Branch and former Attorney General of Kano State.

“The shocking incident at the end of the Scrabble tournament was a huge shame which left me and the contestants in trauma. I wish it didn’t happen that way. I must say that all reactions to that incident were valid.

In the past 24 hours, I have been making frantic calls to see how we could raise funds to organise the Table Tennis tournament to no avail. One of the people I reached out to informed me that he had already donated towards the event . I know some other people would have done so too.

“I am deeply terrified that even if we risk organising the Table events , we may have a repeat of what happened at the scrabble event.

“While I sincerely apologise to our colleagues for the unfortunate outcome of this, especially in scrabble and Table Tennis, I am unable to accept responsibility because we were ready to serve but the Planning Committee couldn’t deliver their side of the bargain by making funds available for other sports.

“I apologise to our colleagues playing Table Tennis who took steps to come to Freedom Park yesterday 26th of August 2024 only to be informed that it won’t happen again. I am indeed very sorry for the inconveniences.

“I specifically apologise to our colleagues who signed up for this competition because I was involved. I assure you that this does not reflect my reputation in Sports and should not diminish any regards previously accorded. It was because of you that I fought so hard to ensure that things went well. I also thank you for your understanding .

“Again, I wish things didn’t happen this way. I am unable to answer incidental questions such as how entry fees will be refunded because that is under the exclusive powers of the conference Planning.

“However, I will continue to push to ensure that the Conference Planning committee and the NBA take steps to do the right thing by redeeming Prize monies. As a Sport promoter myself, I know that the integrity of sport tournaments lie in giving out Prize monies immediately after any competition at the venue of such competition.

“Not paying out Prize monies of Sports events in NBA tournament has become an embarrassing pattern in our association. This must stop. For the events we were able to pull off, I will continue to engage to ensure that you receive your Prizes.

“Thank you very much for your understanding and may you enjoy the rest of the conference.”

The AGCPC is yet to respond to the issues.

Vice President, Senator Kashim Shettima will deliver the Keynote Address at this year’s Annual Conference of the Chartered Institute of Arbitrators (Ciarb, UK) Nigeria Branch.

The conference will hold at the Yar’Adua Centre, Abuja from November 6-8, 2024.

Meanwhile, it was a beehive of activities yesterday as several leading lawyers visited the pavilion of the Ciarb pavilion at the ongoing Nigerian Bar Association  Annual General Conference (NBA-AGC).

Among the heavyweights that were at the pavilion to interface with the Executive Committee members were NBA President, Mr. Yakubu Maikyau SAN and incoming NBA President, Mr. Afam Osigwe SAN.

Others included the Deputy Director-General of the Nigerian Law School, Dr. Gbemisola Odusote and Mr. Dele Belgore SAN.

Maikyau, who is a Fellow of the institute, narrated how he passed the challenging Ciarb Diploma, adding that he also made an observation that at one point altered the examination set by the institute.

The dignitaries were received by Mrs. Sola Adegbonmire, a chartered arbitrator and Chairman of Ciarb Nigeria Branch.

Responding, Adegbonmire thanked all the visitors to the pavilion, adding that the institute “offers tremendous opportunities for growth for all categories of ADR practitioners, being the leading ADR institute in the world.”

Below is the statement.

Announcing the Ciarb Nigeria Annual Conference Keynoter!*

With tremendous excitement, we announce that His Excellency, Sen. Kashim Shettima GCON, Vice President of Nigeria, will headline this year’s Ciarb Nigeria Annual Conference with an unmissable keynote address.

Sen. Shettima will offer unique insights into how Alternative Dispute Resolution (ADR) can drive Nigeria’s growth and development. This keynote promises to be a defining moment, setting the tone for the entire conference.

? Why Attend?

– Gain exclusive insights from a key national leader.

– Engage in discussions addressing the most pressing challenges in ADR.

– Network with the brightest minds in the industry.

⏰ Don’t miss out! Early bird rates end on 31 August 2024. Register today: https://ciarbni…

NEWS RELEASE

IKEJA BAR FORUM: TOWARDS A BOLD, NEW AND EGALITARIAN BRANCH

This is a wake-up call as we take this bold step towards achieving unity in a highly diverse Bar.

It is a call for the institutionalisation of the principles of fairness, equity and justice, in the running of the affairs of branches of the Nigerian Bar Association, (NBA).

A call for an all-inclusive approach and template, carefully designed for the actualisation and establishment of an efficient, secular, virile, transparent, non ethnic and non-religious IKEJA BRANCH NO. 2.

This call is motivated by the emergence of some parochial minded forces with hugely irreconcilable tendencies, that are unwilling to compromise their beliefs on how an Association should be run for the benefit of her members, rightly or wrongly.

It is therefore imperative, just like the Biblical separation of Abraham and Lot, to avoid unending bitterness and acrimony, that have pervaded the Branch, to fashion out a forensic solution to these unending challenges.

This shocking and outlandish state of affairs, is the handiwork of a tiny clique of lawyers, propelled by very strong primitive and selfish considerations, often coloured in ethnic garb.

It is therefore apparent, that this unforgiving and tiny clique, with over-bloated ego issues, now believe, that the NBA, Ikeja Branch, which is our collective heritage and rallying point, belongs to them exclusively.

They see our dear Branch as their personal property, a conquered territory and a private fiefdom.

It is clearly their belief and understanding, that members from other ethnic zones, for the purpose of elections at the Branch, are now “visitors”, only good, in making financial contributions, for them to manage, superintend and administer, but not good enough to hold certain positions in the branch, and will go to any length to have their way, while pretending to midwife transition of power in the guise of elections.

The negative impact of this is evident in the dwindling number of membership of Ikeja Branch, as massive exodus of members, is the order of the day. Dissatisfied and aggrieved members have been migrating to other branches. Records can bear this out.

With all these in mind, and particularly, the pathetic fallouts from the recently concluded Branch elections, we, as a team, have resolved, by the demands of the times and the imperatives of necessity, to work towards the creation and actualisation of a NEW, virile and an all-inclusive BRANCH, to be carved out of the present day NBA, Ikeja Branch, and which may be known as NBA, IKEJA BRANCH NO. 2. or any other name(s), that may be appropriate.

The idea is to create enough room for these ethnic champions, to explore and express fully, their jaundiced and alien contrivances and gimmicks, in the running of the NBA, Ikeja Branch, which they now see as their birthright.

The birth of the IKEJA BAR FORUM, IBF, remains the first critical step towards the actualisation and formation of a new NBA, IKEJA BRANCH, NO. 2.

Consequently, we appeal to all lawyers of good conscience and goodwill, and all those who believe in equity, fairness, justice and inclusiveness, to identify with this great intervention and give same the requisite participatory support and visibility.

The IBF, is a platform that is tailored to be a model, that would nurture the birth of the NBA, IKEJA BRANCH, NO. 2.

We appeal to all liberal-minded and equity-driven lawyers of good conscience in the Present Ikeja branch, who are members and are dissatisfied with the state of affairs therein, but saw no avenues to ventilate their misgivings, to avail themselves of this opportunity, and identify with the IKEJA BAR FORUM.

This vehicle has enough room for everybody, enough room room for lawyers from every part of our dear country with total blindness towards Gender, Religion and Tribe.

Upon realisation of a full Branch status, all the ideals of good governance; accountability, equity and transparency, shall be entrenched and deployed in the running of the affairs of the Branch.

We have consulted widely and comprehensively, in the pursuit of these goals, and the hands of our clock shall never be reversed.

We are already enjoying tremendous goodwill, comradeship, followership and support from a large population of the members of the Ikeja Branch of the NBA.

We enjoy tremendous followership of an intimidating number of Lawyers across ethnic divides who are eager to witness the birth of an all inclusive Branch, where both the younger generation of lawyers and the older generation, would all have roles to play, and ethnicity shall be confined to the dustbin of history.

This is the right time to call off the bluff and excesses of these “self appointed owners” of the NBA, IKEJA BRANCH, who operate under the illusion, that as lawyers, life begins and ends at the Ikeja Branch Bar Centre.

I therefore appeal to all liberal-minded members of the NBA, Ikeja Branch, to join this movement, which is a product of very wide and intensive consultations, and unbiased distillation of ideas.

We have a near cancer situation on our hands and our curative response must be forensic, direct and surgical.

We shall adopt and deploy, well- tested and known principles of best practices, in the running of a cosmopolitan IKEJA BAR FORUM, as a forerunner, to the NBA IKEJA BRANCH NO. 2.

This is the only realistic and practical way, to deal with an organisation that has an ailment that is morally cancerous, driven by actors suffering from primitive and primordial sentiments, subtle arrogance and professional indiscretion.

It is beyond contention that these maladies are not just deadly, but have terminal consequences, and therefore deserve a near-radical curative approach.

Please be informed that the first meeting of this FORUM shall be coming up soon at the Bar Centre, or a venue to be announced, and adequately circulated.

You are therefore enjoined to be part of this historical train, by joining the Ikeja Bar Forum.
The number is increasing by the day.

Be therefore, a partner in this innovative and inclusive FORUM TODAY.

To join, just send your name, year of call and telephone numbers to :

EMAIL : IKEJABARFORUM@YAHOO.COM or WHATSAPP 0815 149 1879.

Please be rest assured that all the co-ordinators working on this project, are disqualified from holding any office, now or in future, once the Forum is properly constituted, to create room for principled and visionary lawyers, from every part of our dear country, to participate effectively in nurturing the FORUM.

Gentlemen, you are welcome.

IKEJA BAR FORUM: TOWARDS A BOLD, NEW AND EGALITARIAN BRANCH.

RICHARD NWANKWO
ODOGWU UMUOKPU
CO-ORDINATOR

• ‘NBA PRESIDENT A SERIAL VIOLATOR OF COURT ORDERS’

• ASKS C’TE TO PUNISH TWO SENIOR ADVOCATES, CARETAKER SCRIBE

• LPDC ACKNOWLEDGES PETITIONS

The estranged Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has asked the Legal Practitioners Disciplinary Committee (LPDC) to commence disciplinary proceedings against outgoing NBA President, Mr. Yakubu Maikyau SAN among others for alleged professional misconduct.

In exclusive documents obtained by CITY LAWYER, the Executive Committee also asked the LPDC to sanction members of the NBA-SPIDEL Caretaker Committee, including Mr. Steve Adehi SAN (Chairman), Mr. Yakubu Philemon SAN (Co-Chairman) and Mr. Ben Oji (Secretary).

The petition was titled “PETITION AGAINST YAKUBU CHONOKO MAIKYAU, SAN, A NIGERIAN LAWYER DULY CALLED TO THE NIGERIAN BAR WITH HIS NAME ON THE ROLL OF LAWYERS KEPT IN THE SUPREME COURT FOR THE VIOLATION OF THE EXTANT RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS PARTICULARLY RULE 1 AND 30 OF THE SAID RULES BY DISOBEYING VALID COURT ORDERS AND DISRESPECTING THE PRINCIPLES OF LIS PENDENS IN PENDING CASES.”

It was signed by Mr. John Aikpokpo-Martins and Ms. Funmi Adeogun “For themselves and on behalf of the members of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL).”

According to the duo, “Mr. Yakubu Chonoko Maikyau, SAN (hereinafter simply referred to as the Respondent) the subject of this petition, being a legal practitioner, a Senior Advocate of Nigeria, and the current President of the Nigerian Bar Association (NBA) is reasonably expected to be guided by respect for the rule of law. Mr. Yakubu Chonoko Maikyau, SAN is expected to exhibit and maintain a very high standard of conduct, professionalism, and respect for the integrity of Nigeria’s courts and the judicial process.

“The Respondent has by his actions while discharging his duties as the President of the NBA and also as a legal practitioner has brought the profession into ridicule and has infracted on the provision of the Rules of Professional Conduct and we hereby petition the very esteem body to investigate the Respondent and if found wanting to discipline him as this body may find appropriate.”

Setting out the grounds of the petition, the petitioners stated “That the Respondent does not promote or uphold the rule of law nor is he guided by the rule of law or respect for laws, rules, due process and procedures in the discharge of his duties as the President of the Nigerian Bar Association. He has not promoted the cause of justice, maintain a high standard of professional conduct and has engaged in conducts unbecoming of a legal practitioner.

”That the Respondent is a serial violator of court orders and the settled legal principle of lis pendens.

“That the Respondent on the 29th day of February, 2024 willfully disobeyed an order of a Delta State High Court not to tamper with the subject matter of a pending application for injunction in Suit No. HOR/13/2024: ECHEHO GODFREY vs YAKUBU MAIKYAU, SAN & 2 ORS.

“That the Respondent unlawfully caused Ten Million Naira (N10,000,000) to be withdrawn from the account of SPIDEL while Suit NO. EHC/40/2024: JOHN AIKPOKPO-MARTINS v YAKUBU MAIKYAU & 2 ORS and Suit No. W/128/2024: JOHN AIKPOKPO-MARTINS V BEN OJI & ANOR were pending at the Delta State High Court. Whereas, the account being the property of SPIDEL forms part of the subject matter in the pending said cases.

“That on 9th July, 2024, the Delta State High Court in Suit No. W/128/2024: John Aikpokpo-Martins v Ben Oji & Anor granted an order postponing the “NBA-SPIDEL 2024 Annual Conference” indefinitely and restrained the NBA (of which the Respondent is the President and the controlling mind), their appointees, staff, agents, privies, or anyone taking authority or instructions from him and the NBA with regard to the organizing and holding of any such conference on the 18th of July, 2024 pending the hearing of the Motion on Notice for interlocutory injunction. The motion for interlocutory injunction was adjourned to the 16th and 30th of July, 2024 for hearing.

“That the Respondent was served with Form 48 (Notice of consequences of disobedience of the order of court) and the said Order of the Honourable Court as the President of the NBA, the 2nd defendant in the case.

“That on the 16th July, 2024, Mr. Ama Etuwewe, SAN, on the instructions of Mr. Yakubu Maikyau, SAN, represented the Nigerian Bar Association in the proceedings. The Delta State High Court confirmed – with the consent of the parties and their counsel – that the aforementioned order of court made on the 9th of July, 2024 was still in force. Effectively, NBA’s attempt to arrest the interim order failed, as the court restated in unmistaken terms that its interim order of 9th July, 2024 was still in force until the next adjourned date of 30th July 2024.

“That by virtue of the filing of processes on behalf of the NBA and their legal representation by Mr. Ama Etuwewe, SAN in court on 16th July, 2024, the Respondent being President of the Nigerian Bar Association, the 2nd defendant in the said suit, became fully seised of the said order of the Delta State High Court restraining the NBA from holding or organizing the purported NBA-SPIDEL Annual Conference.

“That notwithstanding the said order of the Delta State High Court postponing the so-called annual conference and restraining the NBA from holding the conference, the Respondent proceeded to host and organize the said event on the 18th of July, 2024, to the shock of all legal practitioners and members of the public.

“That consequent to the above, FORM 49 which is an application to commit the Respondent to prison for disobedience of court order was filed and also supported by affidavit of facts. An application for committal to prison of the Respondent and others was also filed and currently pending before the Delta State High Court, Warri in Suit No. W/128/2024: John Aikpokpo-Martins, v Ben Oji & the NBA.

“That Yakubu C. Maikyau, on the 28th day of July, 2024 personally deposed on oath to an affidavit, which said affidavit is attached in support of the motion for recusal and transfer of Suit No. W/128/2024: John Aikpokpo-Martins v Ben Oji & Anor. In the said affidavit, the Respondent admitted that he was informed by his counsel, Ama Etuwewe, SAN and Ben Oji of the proceedings of the 16th of July, 2024 and the subsisting Order of Court restraining the NBA and himself from proceeding with the SPIDEL 2024 Annual Conference on the 18th day of July, 2024.

“That the Respondent admitted by the said affidavit sworn on oath that he had knowledge of the order of the Delta State High Court. Still he, proceeded to hold a so-called SPIDEL 2024 Annual Conference on the 18th of July, 2024 in total disobedience and disregard for the said order of the Delta State High Court.

“Consequent upon the show of shame, sheer arrogance, bravado and disdain for the rule of law, contemptuous disrespect for the orders of courts, and disregard for the rules of professional conduct, the Executive Committee of SPIDEL resolutely resolved to refer this matter to this most distinguished Body for necessary action and in furtherance of the mandate of NBA-SPIDEL. Accompanying this petition are copies of my affidavit of fact with exhibits annexed in support of the petition.”

The petitioners prayed the LPDC “to immediately commence the disciplinary process and prosecute Yakubu Chonoko Maikyau, SAN for the violation of the provisions of the Rules of Professional Conduct to with:

“For failure and refusal to uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and for engaging in conducts unbecoming of a legal practitioner.

“For conducting himself in a manner that obstructed and adversely affected the administration of justice in Suit No. HOR/13/2024 and Suit No. W/128/2024.”

CITY LAWYER recalls that the estranged NBA-SPIDEL Executive Committee had urged the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN to recall Maikyau from the Permanent Court of Arbitration (PCA) at The Hague for similar reasons.

The Executive Committee was dismissed by the NBA National Executive Council for allegedly usurping the powers of NBA President. while the committee has dragged the association to court to reverse its sack. 

AN AGENDA FOR THE NEW CHIEF JUSTICE OF NIGERIA

By Ernest Ojukwu, SAN; Sam Erugo, SAN; Chidi Anselm Odinkalu; & Mbasekei Martin Obono

Amid the greatest crisis of judicial authority since Nigeria’s independence in 1960, President Bola Ahmed Tinubu on 23 August 2024 swore in an Acting Chief Justice of Nigeria (CJN). For the new Chief Justice, this challenge is also an opportunity to articulate an agenda for reform that can restore public trust in the judiciary. Such an agenda must address the following:
(a)ensuring merit-based judicial appointments;
(b)addressing the problem of abuse of interim injunctions, ex-parte orders, and conflicting judgments;
(c)enhancing judicial discipline and accountability;
(d)addressing the crisis of political cases, election petitions, and judicialization of politics; and
(e)reform of the Supreme Court.

1. JUDICIAL APPOINTMENTS
The National Judicial Council (NJC), which oversees judicial appointments and is led by the CJN, has been severely criticism for mishandling judicial appointments. In 2020, for instance, it authorised 15 vacancies for the Federal Capital Territory High Court but nominated 34 for appointment. The NJC has also been accused of retrenching its Procedural Rules for judicial appointments, thereby undermining merit-based appointments; compromising judicial integrity; and breeding a loss of confidence in the judiciary. Against this background, it is of the utmost importance that the new CJN commits explicitly to a policy of restoring integrity and merit to judicial appointments through the introduction of transparent processes of advertisement of vacancies; nomination of candidates, interviews, short-listing, and selection.

2.CONFLICTING JUDGMENTS AND ABUSE OF INTERIM INJUNCTIONS
Rule 3 (3.5) of the Judicial Code of Conduct provides that “a Judicial Officer must avoid the abuse of the power of issuing interim injunctions, ex parte.” Although the standards governing interim injunctions are very well established in Nigeria, these are often either disregarded or abused without consequences. Equally, courts of co-ordinate jurisdiction routinely issue conflicting orders that seem almost calculated to damage the institution of the judiciary. It is suggested that:
(a)Priority should be accorded to monitoring and reporting interim or ex parte orders by trial judges. There should also be clear consequences attached to a breach of the Judicial Code of Conduct.
(b)Judicial appraisals should be both quantitative and qualitative. Accordingly, they should proactively address evidence of ethical deficits in the work or output of judges, focusing on adherence to ethical guidelines and the quality of judicial decisions.
(c)There should be clear Practice Directions on the management of jurisdictional overlaps. The structure and scope of such overlaps should be discussed at the All Nigerian Judges Conference and the Practice Directions should be uniform across all the court systems in the country.
(d)The NJC should establish a central database or easily searchable platform for judges to share information on ongoing cases.

3.DISCIPLINE AND ACCOUNTABILITY
Preserving the dignity and integrity of the judiciary hinges on upholding discipline and accountability which is in turn essential for preserving the institutional authority of the judicial branch. If the judiciary lacks credibility, its authority suffers irredeemably. Tragically, this eventuality may already be upon us. A recent survey by the United Nations Office of Drugs and Crime (UNODC) and the National Bureau of Statistics (NBS) finds the judiciary as the recipient of the highest per capita rates of bribery, ahead of both the Nigeria Police Force and the Nigerian Customs Service. The damage that this does to the institutional credibility and authority of the judiciary is incalculable. To reverse this, it is suggested that:
(a)Disciplinary processes within the judiciary should be both prompt and decisive and dispositions should be calibrated to be proportionate to the seriousness of the misconduct found.
(b)Reports on disciplinary investigations by the NJC should routinely be transmitted to law enforcement agencies for follow-up.
(c)The CJN should initiate public consultation leading within six months to an announcement of measures designed to address the escalating patterns of judicial corruption as documented by the UNODC-NBS Corruption in Nigeria Report 2024.

4.ELECTION PETITIONS AND POLITICAL CASES
Political cases and election petitions now increasingly threaten the foundations of fairness on which the judicial system should be anchored. Of 248 judgments issued by the Supreme Court in the last judicial year, 74 or about 30% were “political cases.” At a similar occasion only two years ago, his predecessor reported that the court’s portfolio of 269 appeals disposed of included 139 civil appeals, 102 criminal appeals, and 28 “political cases”. The volume of election petitions has become an adverse charge on the credibility of the judiciary and an intolerable burden on both judges and non-political court users alike. Underlying this burden is a judiciary that has installed itself as the sole dispenser of electoral mandates, with judges routinely substituting their views for the votes of the people contrary to the considered recommendations of two presidential panels on electoral reform led respectively by former Supreme Court Justice, Bolarinwa Babalakin in 1986 and by former Chief Justice Mohammed Lawal Uwais in 2008. It is suggested that:
(a)The Chief Justice should initiate reform of the election dispute resolution system to ensure the implementation of the Babalakin Commission and Uwais Panel recommendations concerning the need for Courts to respect and not subvert the will of the people in elections.
(b)The category of “political” cases should be reviewed and court systems should be encouraged to establish Alternative Dispute Resolution (ADR) mechanisms for political disputes.
(c)Consideration should be given to utilizing retired senior judges for the administration of election dispute resolution, so that serving judges may be preserved for regular court work.
(d)Election petitions should be disposed of before inauguration. The current practice whereby candidates are sworn in despite pending petitions against them facilitates judicial capture.

5.REFORMING THE SUPREME COURT
The Supreme Court is overburdened and its Justices are paying for this with their lives. In the 30 months from the beginning of 2021 to the middle of 2023, three Justices of the Supreme Court tragically died in service. This period coincided with a revolt by Justices against the conditions of work and judicial well-being at the Supreme Court. These two developments underscore very clearly the urgent need for reform of the Supreme Court. As the apex court, the Supreme Court should settle the most rarefied questions of law and legal policy in Nigeria. Instead, it is burdened with inconsequential appeals and crippled by priority to political cases. The result is a court with an ungovernable docket which also endangers the constitutional promise of fair trial “within a reasonable time.” Structural and procedural enhancements needed to improve the efficiency and effectiveness of the Supreme Court will include:
(a)The National Assembly should review and re-enact the Supreme Court Act and amend the Constitution to limit the kinds of cases or appeals that can be introduced to the Supreme Court.
(b)The full digitization of the Supreme Court is overdue. Judgments should be publicly available on the day they are delivered and it should be possible to do filings at the court remotely.
(c)The Court needs to implement a structured system of judicial clerkships which would help to relieve Justices of some of the tedium of research and writing.

CONCLUSION
Far from being exhaustive, this five-point agenda only highlights pressing priorities for the incoming CJN. There remain important issues, such as the question of whether the NJC has continuing relevance; what should be its composition (if it continues to exist), and whether or not it should continue to co-exist as it presently does with the Federal Judicial Service Commission (FJSC).
As the African Commission on Human and Peoples’ Rights declared in 2009: “Courts need the trust of the people to maintain their authority and legitimacy. The credibility of the courts must not be weakened by the perception that they can be influenced by any external pressure.” Success in judicial reform will depend on engaging a broad constituency of stakeholders, especially citizens, civil society, and court users. By fostering a collaborative approach to judicial reform, the CJN can construct the foundations for reclaiming public trust.
The measures suggested here can reverse inefficiencies; retrench renegades from the system; and reposition the judiciary as an institution fit for the changing landscape of a complex political economy. By implementing these changes, the new CJN can rebuild public confidence; put the judiciary on track towards credibility; and guarantee a legacy that will be evergreen at the end of her tenure.
* Prof. Ernest Ojukwu, SAN is former Deputy Director-General of the Nigerian Law School
* Prof. Sam Erugo, SAN is former Dean of Law, Abia State University
* Prof. Chidi Anselm Odinkalu teaches at the Fletcher School of Law and Diplomacy at Tufts University
* Mbasekei Martin Obono, a lawyer, is Executive Director of TAP Nitiative

Introduction

Giving his valedictory speech he entitled “The Imperative of An Untainted Judiciary” on January 30, 2005, Hon. Justice Samson Uwaifo expressed his worries that “… that there is need to be concerned about the lowering of standards in the Judiciary of this country… Now, there is real apprehension that the appellate court may soon be infested if not already contaminated with some of these vices.” And then he wondered: “What omen does this trend of falling standards portend for the country? First, a culture of compromises will take root in the dispensation of justice. Second, public confidence will be badly and broadly eroded. Third, democracy will suffer or can even collapse. Can we afford any of these consequences because we fail to think ahead for possible solutions to contain the situation?” As we mark Chief Justice of Nigeria (CJN) Kayode Ariwoola’s retirement from service in August 2024, we may pause to wonder where Nigeria’s Judiciary is currently sitting in Justice Samson Uwaifo’s prophecy map drawn nearly twenty years earlier.

Chief Justice Ariwoola and the Chance to Salvage a Judiciary in Deep Crisis
To be fair, (now retired) Chief Justice of Nigeria (“CJN”) Olukayode Ariwoola [GCON] came into office as CJN when Nigeria’s Judiciary was already at crisis level, broken and enervated, mostly living off of forlorn legacies and whitewashed facades. Things had so much fallen apart that two of his predecessors in office had consecutively left office unceremoniously. Indeed, CJN Ariwoola himself may have helped in mediating the hurried departure of his immediate predecessor, Hon. Justice Tanko Muhammad [GCON] having accused him of lacking “moral rectitude”, practicing nepotism and superintending the “peak of degeneration” of the Supreme Court. Leaving office more than two years after, stock taking CJN Ariwoola’s tenure therefore, is more of a judgment of what he did– or failed to do – to rebuild a Judiciary already lying in debris and ruin.

There are a number of indicators that can be used to measure the health, efficiency or effectiveness of any judicial system. One of the most notable is the level of public trust reposed in it, by the people it serves. In an address given in 2011, former Chief Justice of Nigeria, Justice Dahiru Mustapha touched on the importance of this element, saying: “Conversely, as De Balzac warns, “the lack of public confidence in the judiciary is the beginning of the end of society”. Therefore, it is a matter of serious concern that prevalent societal currents and iniquities, including the collapse of core values such as integrity, probity, accountability, etc, have also engulfed a significant segment of the judiciary. This is sad. It is an urgent call to action.” [The Nigerian Judiciary: Towards Reform of The Bastion of Constitutional Democracy].

At the time CJN Ariwoola was sworn into office as CJN, the reputation of Nigeria’s Judiciary was mostly hanging on by a thread, and public confidence at precarious ebbs following years of scandals and deterioration. This decline was highlighted by a number of surveys, such as those by the ICPC (Nigeria Corruption Index: Report of A Pilot Survey) and the UNODC/NBS (Corruption in Nigeria Bribery: public experience and response (2017). Our Judiciary, the surveys said, was one of the most corrupt public institutions in the country. Yet, CJN Ariwoola did not feel the urge, the responsibility to provide leadership and vision to address the trust and credibility gaps between the Judiciary and people. Under him, the Judiciary remained unreconstructed and its public perception plumbed further depths.

At his valedictory session at the Supreme Court in 2023, Hon. Justice Dattijo Mohammed would state that “public perception of the judiciary [has] over the years become witheringly scornful and monstrously critical”, and that “it is obvious that the judiciary I am exiting from is far from the one l voluntarily joined and desired to serve and be identified with. The institution has become something else.” Afenifere, the pan-Yoruba socio-political group recently delivered a stinging distress call, saying that it was worried “at the dwindling image and increasing loss of confidence in the judiciary by the Nigerian people.” Former Minister of Education/World Bank Africa Region Vice President Oby Ezekwesili, recently called out Nigeria’s Judiciary as being “rotten”.

Although CJN Ariwoola accused his predecessor of nepotism, it was under his [CJN Ariwoola] leadership that his Son and Daughter-in-law became High Court Judges; that his nephew was elevated to the Court of Appeal and his junior brother appointed the Auditor of the National Judicial Council (NJC). In fact, to make way for his Daughter-in-law to become an FCT High Court Judge, rules and constitutional stipulations regarding federal character had to be bent and contravened. These claims are found in a plethora of media publications and there is no record that CJN Ariwooola refuted them. The #EndBadGovernance protest specifically included, among its demands, that the process of recruitment into the Judiciary be reformed!!! Society had been taking note of the shenanigans playing out in our Judiciary.

CJN Ariwoola’s approach to the need to restore integrity to the Judiciary by fighting corruption was no different. Corruption has given the Judiciary such a bad reputation, locally and globally, that it is staggering to wonder how the head of any Judiciary blighted by notorious perceptions of its integrity could fail to fight it under a state of emergency plan. But it was business as usual for CJN Ariwoola. Beyond the usual motions, there was neither a fight against corruption nor a state of emergency declared around it. Not only did CJN Ariwoola draw a blank in terms of fighting the plague, he actually worsened the perception of corruption, by bringing back into the Judiciary’s fold, Judges who had earlier been dismissed for corruption, and by refusing to entertain complaints requesting the NJC to investigate allegations of misconduct against other judicial officers, including himself. Alongside this, there were calls, even by SC Justices, for investigation into how budgets of the Supreme Court were being spent, distinctly raising issues of possible corruption in their use funds. CJN Ariwoola was unbothered by the allegations, and (as much as is known}, did nothing, to improve financial transparency in the use of the budget of the Court.

If public confidence is what gives the court its authority, and is the mainstay of a Judiciary’s legitimacy, how then is it possible that a Judiciary or its Chief Justice can completely numb themselves to the wailings of the people they serve, and blindfold themselves to all the red flags showing distress? At CJN Ariwoola’s inauguration in June 2022, the Nigerian Bar Association (NBA) President at the time Olumide Akpata, capturing the mood of Nigerians told CJN Ariwoola that the first task before him is “to restore public confidence in the judiciary”, saying: “There is now more than ever the need for urgent reforms in the judiciary and to rebuild the almost dissipated confidence that Nigerians have in the judiciary and the wider legal profession in Nigeria”. At her valedictory, respected Justice of Appeal, Hon. Justice Adefope-Okojie lamented the contempt that was being thrown at the Judiciary now, saying “it has been severely vilified, with the Apex Court so denigrated and called by a social commentator as a voter gaggle of useless, purchasable judicial bandits”. Continuing, she said further that “If the people we have sworn to defend have lost confidence there is a problem that must be addressed”.

That problem was not addressed. With respect to him, CJN Ariwoola chose to live in an orbit, a remote bubble where everything could float in any direction they wanted. By his turning a blind eye to the exigencies around him, a neutral observer might conclude that CJN Ariwoola was more interested in exploiting the weaknesses and frailties of the system, and profiting therefrom, than fixing them. it is unfortunate that Nigeria’s Judiciary had to pass through a leadership like his. Though it was already at breaking point and scaping the barrels by the time CJN Ariwoola took office as CJN, our Judiciary looks more ghostly and unrecognizable now than ever. Rather than reform an institution that was that was already on its knees, CJN Ariwoola plundered it further, stretching its trust and credibility gaps even farther.

Touting what he accomplished as CJN, CJN Ariwoola said, at his valedictory, that he signed a new set of Supreme Court Rules to modernize the process of appeals at the apex Court. While applauding that effort, it is simply too little to make any dent on the overall ripple of the calamity his tenure has been for the Nigerian Judiciary. In fact, to say his term as CJN was disappointing and disillusioning would be a complimentary understatement.

Conclusion
It is no light matter to contend that the Chief Justice of a Country, the chief custodian of the trust invested in a country’s Judiciary has betrayed or debased that trust, but this happens again, and again, and again.

CJN Ariwoola has now passed on the baton, and we hope Hon. Justice Kekere-Ekun, his successor will be moved, not by the “selfism” or “complacency” of now, but the “urgency of now” towards addressing the profound needs of a judicial system that is fast approaching its own Armageddon. What the last half-decade or so has shown, is that we are in a far more precarious position now than Justice Uwaifo could have foreseen. If constitutional democracy must be meaningful for our people, Nigeria’s Judiciary must get help and get fixed. We must also reform some frameworks through far-reaching legislation. No more must we allow the Judiciary or its leadership operate within a culture that promotes power and privilege, virtually exclusively, at the expense of accountability.

• Joseph Otteh is Convener of Access to Justice, a non-profit working to promote access to justice. This article was written as Justice Olukayode Ariwoola was retiring from service.

NEWS RELEASE

I am deeply saddened by the passing of our esteemed colleague and former Chairman of the NBA Enugu Branch, Dr. Jude Ezegwui, who left us on Wednesday, 22nd August 2024. This tragic loss has profoundly affected us all, and words cannot fully capture the grief we feel.

Dr. Jude Ezegwui was more than a leader; he was a pillar of our community, a man of exceptional integrity, wisdom, and dedication. His tenure as Chairman of the NBA Enugu Branch was marked by visionary leadership, a steadfast commitment to justice, and tireless efforts to uphold the highest standards of the legal profession. He worked passionately to elevate the branch, championing causes that strengthened our collective voice and brought about meaningful change.

Beyond his professional achievements, Dr. Ezegwui was a mentor, a guide, and a friend to many of us. His compassion, humility, and willingness to help others left an indelible mark on all who had the privilege of knowing him. He inspired us to strive for excellence, to be fair and just in our dealings, and to approach our work with the utmost seriousness and dedication.

As we mourn his loss, we are reminded of the legacy he leaves behind—a legacy of service, honor, and unwavering commitment to the law and the people he served. His contributions to the NBA Enugu Branch and the broader legal community will be remembered for years to come, and his absence will be deeply felt.

My thoughts and prayers are with Dr. Ezegwui’s family, the NBA Enugu Branch, and our colleagues during this incredibly difficult time.

May his soul rest in perfect peace, and may his legacy continue to guide us in our professional and personal lives.

Mazi Afam Osigwe, SAN
President-elect,
Nigerian Bar Association

FEATURED

Lawyers In Business Institute [L.I.B.I] Congratulates Mazi Afam Osigwe SAN [President-elect, Nigerian Bar Association], Dr. Mobolaji Ojibara Esq [General Secretary-elect, Nigerian Bar Association] and other elected National Officers

We congratulate the entire team of the incoming NBA National Officers made up:

Mazi Afam Josiah Osigwe SAN, President;

Sabastine Anyia, 1st Vice President;

Mrs. Bolatumi Animashaun, 2nd Vice-President;

Mrs. Zainab Garba, 3rd Vice-President;

Dr. Mobolaji Ojibara, General Secretary;

Mrs. Bridget Edokwe, Publicity Secretary;

Mrs. Blessing Udofa-Poromon, Treasurer;

Mr. Nyada Auta, Welfare Secretary;

Ebiere Ekpese, Esq., Assistant Publicity Secretary, and

Mr. Henry Ehi, Assistant General Secretary.

You are taking over the helm of affairs at a time when, most of us will agree, that the public confidence in the Justice sector is extremely low.

Given your impeccable capacities, years of experience and meritorious service to the Bar, it is our trust that you will reposition the Nigerian Bar Association as beacon for Rule of Law in Nigeria.

We pray for divine guidance, wisdom and strength to pilot the affairs of the Largest Bar in Africa.

The building of the capacity of Lawyers to be able to have multiple income streams so as to have a more dignified Life and Practice is at the core of our mandate at Lawyers In Business Institute. It is our firm belief that when a Lawyer earns more – and legitimately so – he will never join those who divide the profession by dishonest and debasing acts that are incompatible with the status of a Legal Practitioner.

We trust that your administration will truly empower Lawyers to earn more.
We wish you a truly successful tenure.

Aare Isiaka Abiola Olagunju SAN
[Past General Secretary of the NBA]
President, Lawyers In Business Institute.

Chief Emeka Silas Agbara, Esq., ChMc.
[Admin, Lawyers In Business Institute]

Operatives of the Ibadan Zonal Command of the Economic and Financial Crimes Commission (EFCC) yesterday fired tear gas canister to disperse protesting lawyers who stormed the anti-graft agency’s office in Ibadan to protest against the detention of a lawyer.

Members of the Nigerian Bar Association (NBA) Ibadan Branch had stormed the EFCC office in the Iyaganku area of the ancient city  to press for the release of their member, Philip Tunji Ojo, who was detained alongside a court bailiff while attempting to serve court documents on the anti-graft agency.

A statement by the branch chairman, Mr. Ibrahim Lawal, had noted that the branch “received with great displeasure the illegal and unlawful detention of one of our colleagues, Philip Tunji Ojo who was arrested today 21st August, 2024 for going about his lawful duty as a legal practitioner while following the Bailiff of the court to effect service of court process on EFCC.”

Lawal stated that “It is against this background that we demand for the immediate release of our colleague together with his personal belongings.

“However, in the event that our demands are not met, I Ibrahim LAWAL Esq., will be leading our colleagues to the EFCC office tomorrow morning for them to have more lawyers to arrest and detain.”

Making good his threat, Lawal led other branch members to storm the EFCC Office at Iyaganku, Ibadan.

He told CITY LAWYER that upon sighting the protesting lawyers, “an overzealous EFCC operative released a canister of tear gas to scare away our members.”

He said that the leadership of the EFCC Ibadan Office however “apologized for the incident,” adding that the branch member was “released unconditionally.”

Lawal told CITY LAWYER that following a meeting with the leadership, the parties hammered out some agreement ensuring that the EFCC does not compel lawyers to stand surety for suspects.

It was also agreed that a separate gate should be created to give easy access to lawyers who visit the office to offer services to their clients, even as the branch demanded that the anti-graft agency embarks on “internal cleansing” to ensure that operatives do not frustrate lawyers who visit the office while giving preferential treatment to other lawyers on their ‘special list.’

A statement by the branch on the debacle reads:

Distinguished Learned Silks, Seniors and Colleagues,

Good Evening.

The Executive Committee of the Nigeria Bar Association, Ibadan Branch, ably led by the Chairman, Mr. Ibrahim Lawal; led members of the bar to EFCC Ibadan to express their displeasure over the unlawful arrest and detention of one of our colleagues and their manners of treating lawyers in an unmannered way.

The officers of the commission initially showed their lack of respect for lawyers by restraining lawyers from accessing the commission but they were called to order before the matter went out of the control.

The bar was received by the zonal Director and the following were agreed upon:

* Immediate release of our colleague with his personal belongings .
* lawyers shall not be compelled to stand as sureties for their clients.
* lawyers shall not be subjected to long queue with suspects and other visitors at the entrance of the commission,
* lawyers should copy the legal department of the commission every legal process involving the commission.
* that the office of the zonal Director shall be open for all lawyers at all time to express their displeasure about any activity of any officer of the commission.
* that the commission should report erring members to the Bar after which the bar shall refer the case to the Displinary (sic) Committee of the bar.

Given the foregoing, we want to encourage and advise our colleagues to always go to the commission with their identity cards to identify themselves as lawyers and not to hesitate to report any act not done in compliance with the law.

The Chairman while assuring members of the bar that he will keep to his campaign promises and make the bar a force to be reckoned with; thanked all members of the Bar who stood and gave the bar a voice and assured them that history shall be fair on them.

Please accept the sincerest regards of the bar.

Michael Akíntúndé Akinwunmi, Esq.
Publicity Secretary NBA-Ibadan Branch

The Federal High Court sitting in Lagos has granted an order placing a “Post No Debit” (PND) on the accounts of seven businessmen and four firms domiciled in Access Bank and seven other banks, pending investigation of how N1.4 billion was transferred from a Lebanese firm without authorization by the account owner.

The trial judge, Justice Akintayo Aluko granted the order last Tuesday upon a motion ex-parte moved and argued by the Department of State Security (DSS), through its counsel Michael Bajela.

“Post No Debit” is a restriction imposed on banks by court on specific accounts, preventing customers from making withdrawals, transfers, or any other debits from their accounts.
The order subsists for 90 days.

The complainant in the suit is Fouani Nigeria Limited while the respondents affected by the order and their bank details are: Haruna Adam Abubakar – 1709985717 – Access Bank, Anthony Godwill Ifeanyi – 1236732473 – Access Bank, Tochukwu Modestus Obodoefuna -1565420706 – Access Bank, M. Munzali Dara Worldwide Business – 5601060742 – Fidelity Bank, Anthony Ifeanyi Electronic Trading 5420158002 – Keystone Bank, Kholobekian Joseph Mesrob 1016886802 – UBA, Izuchukwu Stanley Alaman Jo 2137303667 – UBA, A. S. Rano Lubricant Toll Inv. Ltd 1305567771 – Providus Bank, Obioma Emeka Daniel 1005922923 – FCMB, Esto World Mega Venture Resources 2004467010 -Globus Bank and Mubarak Buhari 8066868814 – Opay.

The court thereafter adjourned further proceedings till November 22 for the report of compliance.

In applying for the order, Mr. Bajela supported his application with an affidavit sworn to by a DSS operative, Joshua Babalola.

In the affidavit, Babalola averred that the Applicant (DSS) received a petition from the Nigeria Inter-Bank Settlement System Plc (NIBSS) with the heading “Request for investigation into unauthorized fund transfers on Fouani Nigeria Limited Account.”

The petition was dated 1st August, 2024, and signed by the Chief Audit Executive, Richard Bello and the Chief Information Security Officer, Olusola Odediran.

The petitioner alleged that the sum of N1,426,100,430.00 was fraudulently transferred by the respondents from Fouani Nigeria Limited account number 0690342734 Access Bank, 0004018789 GTBank, and others, The Niche reports.

“The petitioners therefore plead with the Applicant to investigate the matter and also stop the respondents from removing the money from their various Bank accounts mentioned in the face of our motion paper,” Babalola submitted.

Justice Olukayode Ariwoola today retired as the Chief Justice of Nigeria, having attained the retirement age of 70.

While delivering his valedictory speech at the Supreme Court complex in Abuja, Ariwoola disclosed that to suit the times and address current challenges, he signed off on the new Supreme Court Rules 2024 earlier this month.

He explained that upon assuming office as the Chief Justice of Nigeria two years ago, he was concerned about the rules regulating procedures in the apex court, which had been in place for 39 years, predating the advent of the internet and electronic transactions.

He noted that although practice directions have been issued periodically over the years to meet the demands of justice, the substantive rules dated back to 1985.

His words: “At the time the Supreme Court Rules 1985 were made, things that are now ubiquitous, like information technology, electronic transactions, and global telecommunication, were either not in existence or in their formative stages. How, then, could such outdated rules be adequate for today’s challenges?

“It was for this reason that I empaneled a Rules Committee to undertake the arduous task of reviewing the 39-year-old rules and the numerous extant practice directions comprehensively.

“I am glad to report that earlier this month, pursuant to the provisions of Section 236 of the Constitution of the Federal Republic of Nigeria 1999, I signed off on the New Supreme Court Rules 2024.”

Ariwoola expressed his belief that the rules of procedure of any court are crucial for its operation and must be dynamic and contemporary to meet the evolving demands of both the bar and the bench.

He thanked his fellow justices including the incoming CJN, Justice Kudirat Kekere-Ekun, Justice John Inyang Okoro, and Justice Moronkeji Ogunwumiju for their dedication and commitment to the new rules.

He also acknowledged Dr. Muiz Banire (SAN) and the President of the Nigerian Bar Association, Mr. Yakubu Maikyau (SAN) for their contribution.

Justice Ariwoola, speaking on the Supreme Court’s workload, noted that a total of 1,124 cases were filed in the 2023/2024 legal year which commenced in September 2023 and ended in July 2024.

Of these, 435 were civil cases, 269 were civil motions, 219 were criminal cases, and 102 were criminal motions.

Additionally, although the year was not an election year, 89 political appeals were filed at the apex court, along with 10 originating summons.

He said: “During the same period, we delivered a total of 248 judgments and rulings, with 92 judgments in civil and originating summons cases, 81 judgments in criminal appeals, and 74 judgments in political appeals.”

According to PUNCH, Justice Ariwoola noted that the realisation of the need to reduce the undue burden on the Supreme Court led to the collaboration between the National Judicial Institute, the Ministry of Justice, and the Nigerian Bar Association to host the Justice Sector Reform Summit in April.

He expressed hope that the far-reaching decisions made at the summit will greatly assist the justice sector.

Ariwoola was sworn in as the substantive CJN by former President Muhammadu Buhari on October 12, 2022, following the controversial resignation of Ibrahim Muhammad, his predecessor.

He was born on August 22, 1954 and elevated to the Supreme Court bench on November 22, 2011. Ariwoola was then appointed as the substantive Chief Justice of Nigeria on June 27, 2022, by former President Muhammadu Buhari. He was formally confirmed by the Nigerian Senate on September 21, 2022. After two years as CJN and 13 years at the apex court, Ariwoola’s judicial leadership has been encapsulated in an autobiography titled “Judging with Justice” and co-authored by legal text writer, Mr. Olanrewaju Akinsola.

In line with judicial convention, Justice Kekere-Ekun, the next most senior justice of the Supreme Court, is expected to take over in an acting capacity.

The National Judicial Council (NJC) has recommended her to President Bola Tinubu as the next Chief Justice of Nigeria.

PHOTO CREDIT: TheCable.ng

The Nigerian Law Society (NLS) has urged the Attorney-General of the Federation & Minister of Justice, Prince Lateef Fagbemi SAN to decline the request by the Corporate Affairs Commission (CAC) for a fiat to prosecute its trustees.

In a letter to the nation’s Chief Law Officer made available to CITY LAWYER, the association said that the request was designed to intimidate its promoters, adding that a grant of the fiat “would not only be legally unsound but could also be seen as lending credence to a personal vendetta under the guise of public office.” 

• ANZE-BISHOP: I NEVER USED THE WORDS ‘ÓVER MY DEAD BODY’

The outgoing President of the Nigerian Bar Association (NBA), Mr. Yakubu Maikyau SAN, has unveiled the electronic stamp and seal for lawyers in line with the vision of his administration to push for full digitisation of the legal system.

Meanwhile, Maikyau had debunked reports that he said “over his dead body” would he approve funding for embattled NBA Treasurer Caroline Anze-Bishop to attend this year’s Annual General Conference (AGC) which opens in Lagos tomorrow.

According to Maikyau, the virtual stamp would not only help to check activities of fake lawyers, but would also ensure seamless preparation and filing of legal processes.

He noted that the association recently conducted an online-based election that allowed its members to participate from various parts of the country.

His words: “That election has been adjudged to be free, fair and the most credible. What we did during the election is a template that the Independent National Electoral Commission, INEC, should copy.

“I invite INEC to come and understudy what we did to make the election seamless, with the electorates casting their ballot from the comfort of their homes.

“To a large extent, it reduces the cost of conducting an election and I suggest that INEC should really be thinking in that line. Maybe, we need to write to the National Assembly to make a legislation that will mandate the Commission to go this route.”

Maikyau hailed the positive impact of technology in the conduct of affairs of the legal body, saying: “For the first time in the history of the association, the registration of lawyers for its forthcoming Annual General Conference, AGC, was effectively done electronically without awarding the contract to a third party. Registration for the 2024 AGC was done on the platform of the NBA.

“This is about pressing forward. It is a posture we must take in building our nation. By making our profession better, we are also moving the nation forward.”

Similarly, the NBA General Secretary, Mr. Adesina Adegbite, said that the association on June 18 signed the contract that ensured the deployment of the virtual stamp and seal. He stated that lawyers could apply and get the stamp and seal within minutes.

He added that necessary safeguards were put in place to guarantee the authenticity and protection of the system that would operate through blockchain technology.

Responding to questions during the post-launch press conference, Maikyau said he did not use the words “over my dead body” in his refusal to approve funding for Anze-Bishop as extended to other National Officers.

Though a source at the National Executive Committee meeting had told CITY LAWYER that the NBA President vowed not to approve the funding, Maikyau explained that he never used the phrase, ‘over my dead body.’

CITY LAWYER gathered that a visibly angry NBA President poured invectives on all those connected with the report, adding however that while he was resolute that he would not approve the funding due to alleged infractions by the Treasurer, he did not deploy those words to convey his stance.

It was gathered that Maikyau was peeved that Anze-Bishop took NBA and its Trustees to court over her disqualification in the run-up to the just concluded NBA Elections. She had sought to become the association’s next General Secretary.

The Legal Defence and Assistance Project (LEDAP) and Mac-Arthur Foundation have unveiled an e-learning studio for the Economic and Financial Crimes Commission (EFCC) Academy in Karu, Abuja.

The studio will be used to train the Academy students, the idea being to have one ecosystem that can handle content, tests, quizzes and academic solutions.

The project is about the training of EFCC Staff, particularly the investigators and prosecutors, on the innovations in the Administration of Criminal Justice Act, 2015. LEDAP is to provide any technical support that is not already available to the Commission, with funding from MacArthur Foundation.

The arrowhead of the donation, Mr. Chino Obiagwu SAN said: “Let me use this opportunity to say a heartfelt congratulations and thank you to the indefatigable team members of the EFCC-LEDAP E-LMS Implementation team!

“We have been graced to see this day (tomorrow) where we will launch this first phase of the project which is delivering a complete LMS Studio with equipment and basic content development training as well Internet connectivity for our Academy thanks to our esteemed partners LEDAP with funding from MacArthur Foundation.

“It was a great honor working with everyone hear and once again congratulations in advance!”

During an earlier visit to the Academy, the Commandant, Commander Ayo Olowonihi had commended the initiative which included donation of equipment, funding and training, assured that “we must all put our hands on deck to ensure that this project succeeds. The training will run, the systems will be developed… we will partner with you to ensure that the project will never fail.”

A pre-launch notice to the officers obtained by CITY LAWYER reads: “I have been directed by the Commandant of the Academy to kindly inform you of the Official Launching of the E-Learning Management System (E-LMS) Studio scheduled to hold at the EFCC Academy Karu, by 10 am prompt on Wednesday 21st August, 2024.

“Accordingly, the Commandant has directed that all members of the Implementation team come dressed up formally for the Studio Launch.”

The Mac-Arthur Foundation is known for its support to the anti-corruption efforts in Nigeria.

The Nigerian Bar Association (NBA), Ibadan Branch today stormed the Iyaganku office of Economic and Financial Crimes (EFCC) to press for the release of its member detained by the anti-graft agency.

A statement by the branch chairman, Mr. Ibrahim Lawal, had noted that the branch “received with great displeasure the illegal and unlawful detention of one of our colleagues, Philip Tunji Ojo who was arrested today 21st August, 2024 for going about his lawful duty as a legal practitioner while following the Bailiff of the court to effect service of court process on EFCC.”

Lawal stated that “It is against this background that we demand for the immediate release of our colleague together with his personal belongings.

“However, in the event that our demands are not met, I Ibrahim LAWAL Esq., will be leading our colleagues to the EFCC office tomorrow morning for them to have more lawyers to arrest and detain.”

Below is the full text of the statement.

Distinguished Learned Silks, Seniors and Colleagues,

Good Evening.

*The Executive Committee of the Nigeria Bar Association Ibadan Branch, received with great displeasure the illegal and unlawful detention of one of our colleagues, Philip Tunji Ojo who was arrested today 21st August, 2024 for going about his lawful duty as a legal practitioner while following the Bailiff of the court to effect service of court process on EFCC.

It is important to say that the unholy acts of the EFCC Ibadan Command towards lawyers was one of the reason the immediate past executive of the bar under the chairmanship of Mrs Folasade Aladeniyi met with the commission but the meeting has yielded no result as the act of disrespect to lawyers continues without measure.

It is against this background that we demand for the immediate release of our colleague together with his personal belongings.

However, in the event that our demands are not met, I Ibrahim LAWAL Esq., will be leading our colleagues to the EFCC office tomorrow morning for them to have more lawyers to arrest and detain.

I am also imploring all our members to be prepared to join me tomorrow fully robed.

An injury to one is an injury to all.

With professional regards.

IBRAHIM LAWAL Esq.
Chairman, NBA, Ibadan Branch.

Former Head of State, Gen. Abdulsalami Abubakar and the president of the National Industrial Court, Justice Benedict Kanyip are among eminent dignitaries expected to grace the public presentation of an autobiography in honour of the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, to mark his retirement from the Supreme Court.

Also expected at the event are leading dignitaries from the Bench, the Bar, and the general public.

In a statement made available to CITY LAWYER by Mr. Olanrewaju Akinsola on behalf of the Organising Committee, the prestigious event is scheduled to take place today at the International Conference Centre (ICC), Abuja.

According to Akinsola, the book titled “Judging with Justice” is the engaging narrative of the life and career of Justice Ariwoola.

The event, which coincides with the 70th birthday of the foremost jurist and his formal retirement as the Chief Justice of Nigeria, will have in attendance leading dignitaries from the Bench, the Bar, and the general public.

He said that the autobiography “is a candid and introspective account of Justice Ariwoola’s journey through the ranks of the judiciary, highlighting his experiences, challenges, and triumphs. The book offers a rare glimpse into the mind of a judicial Icon who has played a pivotal role in shaping Nigeria’s judicial landscape.”

The book, according to Hon. Justice Monica Bolna’an Dongban-Mensem, CFR, the President of the Court of Appeal, who wrote the Foreword, “is written in Justice Ariwoola’s characteristic flowing prose and simple yet powerful language” and “will take the reader on a colourful voyage of fascinating adventures starting from Iseyin, to lle-Ife, to Akure, to Ibadan, to Oyo, to Kaduna, to Enugu, to Lagos, before finally berthing in Abuja like the climax of a blockbuster movie flick.”

According to Akinsola, the book presentation is a landmark event that promises to be a significant milestone in the nation’s judicial history, offering a unique opportunity for legal practitioners, scholars, and the general public to gain an insight into the life and times of one of Nigeria’s most respected jurists.

NEWS RELEASE

* ADEGBITE EXPLAINS DELAY IN STAMP PRODUCTION, APOLOGIZES

UNVEILING OF THE NBA DIGITAL STAMP AND SEAL

Distinguished Colleagues,

On 19 June 2024, the Nigerian Bar Association (NBA), under the leadership of Mr. Yakubu Chonoko Maikyau, OON, SAN entered a contract for the implementation of a Secured Digital Stamp and Seal with Verification System for the NBA.

The NBA Digital Stamp and Seal is a groundbreaking innovation powered by cutting-edge blockchain technology. It is fully integrated into Microsoft Word (2017 Edition and above), ensuring a streamlined and efficient process for affixing digital stamps from within Microsoft Word interface, and because it rests on the blockchain technology, members are assured every stamp is unique, tamper-proof, and verifiable.

Also, the Digital Stamp and Seal comes with a user-friendly e-commerce portal that allows members to purchase digital stamps conveniently and securely. Alongside this portal is the NBA Digital Stamp & Seal Verification App, available on both Android and iOS, empowering the public to verify the authenticity of a legal document with a simple smartphone scan.

Generally, the NBA leadership has developed this solution to protect the lawyer’s job and bolster public confidence in the authenticity of legal documents.

The NBA leadership is unveiling this NBA Digital Stamp and Seal on Monday, 19 August 2024. And we are privileged to invite you to attend this groundbreaking event at the NBA House, Abuja, at 10 am. You can also participate by following this link: https://us06web.zoom.us/j/88002751307?pwd=STp3PAqJMXqYmjW5Lh1HRpYhw0BoJc.1

Thank you, and do have a good day.

Akorede Habeeb Lawal
National Publicity Secretary, NBA

DELAY IN PRODUCTION/DISPATCH OF NBA STAMPS – A NOTE OF UNRESERVED APOLOGY FROM THE NBA GENERAL SECRETARY

Distinguished Learned Silks, Benchers and Colleagues,

I am constrained to write you on the very burning issue of delay in stamps production. We have contended with the serious challenge of stamps production since the early period of our administration. I have been inundated with complaints from our members about the protracted delay in the processing of their stamp applications. I have addressed the issue severally at the National Executive Council (NEC) meetings, but it has become imperative that I address the entire members of the Association on this unpleasant issue.

I must from the outset begin by apologizing to all our colleagues who were affected by this regrettable situation. It is however important that I put the matter in context to enable our members understand the background to the challenges. As I had previously explained at the NEC meetings, including the meeting held on the 20th of June, 2024, the delay being experienced in the stamp production is largely due to the constraints the stamps producer has been facing in procuring production materials. The printer has ascribed the constraints to the challenge of foreign exchange rates and inflation. While I must admit that the stamp producer had requested for an upward review of the cost of stamps prior to now, but we had persuaded him to retain the current cost with a view of protecting the interest of our members. However, it appears the insistence to protect the interest of our members against paying higher cost for stamps has also invited unavoidable consequences. There is no doubt that the current cost of stamp is no longer sustainable and needs to be reviewed.

Therefore, it has become imperative to apologize to all our members affected by the delay in processing of their stamp applications for the inconveniences being experienced. We have been engaging the stamp producer on daily basis to ensure this unacceptable situation is addressed as quickly as possible. I am however pleased to announce to you that the stamp producer has confirmed delivery of materials for the production of all the pending stamp applications. He has assured us that all the pending stamps will be produced and delivered to the Secretariat within the next few days. Consequently, we hope to commence a mass dispatch of all backlogs of stamps from Tuesday next week (20th August, 2024) to various Branches.

Our colleagues who are NEC members will also recall that in my report to NEC on 20th June, 2024, I informed NEC members that there was a need for the NBA to develop and implement digital stamp as an alternative to the physical stamp that has become problematic. It is therefore with a sense of fulfillment and relief that I announce to you that the process of the digital stamp (e-stamp) has now been completed and the current leadership of the Association shall be unveiling the digital stamps in the next few days. Details of the Digital stamps and the application process shall be publicized subsequently. This is no doubt a means to end the inconveniences being experienced by our members as a result of the unpredictability of the current physical stamps regime.

I must also add that in the course of dealing with series of complaints over the delayed stamps, we discovered that most of our colleagues who claimed to have applied for the stamp had not completed the application process on the portal. It is therefore important to note that, an application for stamp is not complete until the Branch due receipt is uploaded. The portal will also be updated to ensure that a lawyer gets immediate notification via email for any inconclusive stamp application.

Once again, I apologize to our members on behalf of the leadership of the Nigerian Bar Association for the regrettable inconveniences, while I invite you to anticipate the unveiling of the most fascinating digital stamp regime.

Please remain assured of my esteemed regards and commitment to continue to serve you with humility and integrity till the end of this administration.

Thank you for the opportunity to serve our dear Association.

Adesina Adegbite, FICMC, MCIArb
General Secretary

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Abuja International Carnival Makes Triumphant Return, Names Ajulo, SAN as Goodwill Ambassador

In a highly anticipated move, the Abuja International Carnival is set to make a grand comeback after an eight-year hiatus. The return of the carnival was announced by the Minister of Arts, Culture, and Creative Economy, Barrister Hannatu Musa Musawa, who expressed her excitement and emphasized the government’s commitment to promoting cultural diversity and supporting the creative economy.

In a significant development, Dr. Kayode Ajulo SAN OON, the Commissioner for Justice and Attorney-General of Ondo State, has been appointed as the Abuja International Carnival Goodwill Ambassador.

The appointment was made by the Abuja International Carnival Secretariat in recognition of Dr. Ajulo’s immense contributions to the economic, professional, and social development of Abuja as Nigeria’s National Capital. A vibrant, cerebral and sociable resident of Abuja, Dr. Ajulo has been lauded for his outstanding achievements and dedication to the city’s growth and well-being.

As the newly appointed Carnival Goodwill Ambassador, Dr. Ajulo will play a pivotal role in promoting the Abuja International Carnival both locally and internationally. He will also provide strategic advice and guidance to enhance the carnival’s reach, participation, and overall impact.

Kehinde Adegbite (Mallam Yankee), CEO/ED of Abuja International Carnival assured that this year’s carnival will surpass all previous editions, offering a unique blend of Nigerian culture and creativity.

The Secretariat, through the official appointment letter, expected that with Dr. Kayode Ajulo’s appointment as Goodwill Ambassador, the Abuja International Carnival will be a remarkable celebration of the vibrant and diverse culture of Nigeria.

“Dr. Kayode Ajulo’s leadership and influence are expected to significantly contribute to the success of the event, which is set to be one of the biggest cultural spectacles in Nigeria.” The Secretariat said.

THISDAY reports that the carnival, slated for November 21st to 23rd 2024, will feature a range of activities including street shows, musical concerts, boat regattas, Durbar, children’s fiestas, and exhibitions, Masquerade Display. The event was last held in 2016 and expected to draw international and local attention and celebrate Nigeria’s rich cultural heritage.

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The Electoral Committee of the Nigerian Bar Association (ECNBA) has foreclosed any hopes that it would provide aggrieved candidates in the recent NBA Elections with an independent audit of the elections.

Instead, the electoral umpire has asked the candidates to approach the “NBA NEC” to press their demands for an independent audit. It was unclear whether the electoral umpire meant the NBA National Executive Council or the NBA National Executive Committee.

CITY LAWYER recalls that two presidential candidates, Mr. Chukwuka Ikwuazom SAN and Mr. Tobenna Erojikwe SAN had alleged irregularities during the election and called for an independent audit. They rejected the “Post-Election Audit” report recently released by the ECNBA. Mr. Afam Osigwe SAN was declared winner of the presidential election

Responding to a letter by NBA Lagos Branch requesting documents on the election, the electoral umpire stated that it is “self-defeating” to expect it to conduct an independent audit, being an active participant in the process.

In the reply obtained by CITY LAWYER and dated 12th August, 2024, the ECNBA stated that the branch did not provide suggestions on the form or choice of those “Independents” to conduct the said “independent audit”. 

The ECNBA stated that it had requested an “independent assessment and opinion” from the Technical Service Consultant to the elections and a review report from the Election Service Providers, adding that both entities “have both concluded their Post-Election Audit and published a report of same, now posted on our website at www.ecnba.org. You may wish to check it out and perhaps revisit your request for yet another audit, as the said reports clearly address elaborately with annexed analytical data, details that clarify whatever concerns may have provoked your Branch’s request.”

The electoral umpire stated that the request from the branch is among several requests for an independent audit which it had received, adding that “It would therefore be only desirable to synchronize any such audit effort rather than have a duplicated approach arising from the multiple
party requests your letter and those of others have occasioned on the subject.”

It stated that the request “may therefore be better channelled to the appropriate institution of the NBA to decide and lay out (if necessary) the choice of person(s) and procedure to adopt, rather than by requests from individuals, Branches or members demanding varying processes and procedures for the same audit effort.

“Furthermore, your request for an Independent audit by that notion, suggests the ECNBA should not be expected to constitute the team of ‘Independent persons’. Your letter to us may thus be self-defeating as the ECNBA cannot constitute an audit team meant to be Independent of the ECNBA, neither can yourselves as interested parties. You may therefore wish to redirect your request to the NBA NEC rather than to the ECNBA.”

The letter was signed by Mr. Oluseun Abimbola SAN and Ms. Hauwaila Muhammad, ECNBA’s Chairman and Secretary respectively.

It was unclear at the time of this report whether the branch plans to take any other steps to press the matter. 

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A presidential candidate in the recent Nigerian Bar Association (NBA) General Elections, Mr. Tobenna Erojikwe has asked the Chairman of the NBA National Officers Elections Appeal Committee to recuse himself from the appeal process.

In a letter dated 13th August, 2024 Erojikwe reeled out a plethora of complaints against the appellate umpire, saying: “I have also been made aware that some members of the Appeal Committee have openly declared their support for the candidate that was declared winner (the 5th Respondent in the Petition).”

Saying that he has “received media evidence of such non-partisanship regarding some members of the Appeal Committee,” he said he “will briefly dwell on the Chairman, Mr. Usman Ogwu Sule, SAN who issued a congratulatory message to the 5th Respondent and circulated same widely.”

Continuing, Erojikwe, who was announced as the runner-up in the poll, wrote that in a part of that message, the Chairman of the Appeal Committee commended the leadership of NBA “for being steadfast for the emergence of the people’s President”.

According to him, the Chairman went on to describe the elections as “historic”, “epochal” and “the freest and fairest NBA General Election”.

Erojikwe added that “Having publicly expressed such partisan opinion over the conduct of the Elections, the Chairman of the Appeal Committee is not qualified to sit as an unbiased umpire over disputes arising from that Elections. Indeed, he had a moral obligation to excuse himself from the Appeal Committee and it is a travesty that he did not.”

Aside from alleged non-partisan disposition of the appeal committee members, Erojikwe listed other reasons why electoral justice may elude him to include “refusal of adjournment despite the short notice,” “ex-parte communication relating to my petition and other matters,” and “refusal of the appeal committee to conduct hearings and admit evidence.”

He concluded that “It is for the above reasons that I reasonably believe that there is a likelihood of bias against me from the Appeal Committee. Therefore, for justice to be done and be seen to be done, I respectfully ask that a new and independent Elections Petitions Committee be set up to hear and determine my Petition against the NBA Elections of 20th July, 2024.”

The petition was copied to the NBA President, Mr. Yakubu Maikyau SAN.

CITY LAWYER recalls that a similar complaint during the election that brought Maikyau into office led to the resignation en masse of the appeal committee members and the reconstitution of the committee by then NBA President, Mr. Olumide Akpata. 

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NEWS RELEASE

Appreciation Program of Events of the Outgoing President of the Nigerian Bar Association, Mr. Y.C. Maikyau (OON,SAN) 2022 – 2024

The outgoing President of the Nigerian Bar Association (NBA), Y. C. Maikyau (OON, SAN) has organized a series of programs to thank God for a successful tenure as the 31st President of Nigeria Bar Association, 2022 –
2024.

Friends and colleagues are invited to these events themed “Appreciation Party” to celebrate a successful tenure.

The NBA President, Mr Y. C Maikyau, OON, SAN in expressing his appreciation for a successful tenure, has lined up program of activities marking the drawing of the curtain of his administration; there will be an appreciation party for members as an acknowledgment of their contributions and support within the two years of his administration.

The Program of events is outlined as follows:

DAY 1 (1ST SESSION)

JUMA’AT PRAYER BY FRIENDS

Friends of the President of the Nigerian Bar Association, Y. C. Maikyau, OON, SAN, are pleased to invite you to –

Jumma’at Prayer ?
Venue: National Mosque Abuja
Date:16 August 2024
Time: 1:30 PM

DAY 1 (2ND SESSION)

APPRECIATION PARTY ?

Venue: JD Park & Leisure Event Center, Kashim Ibrahim, Wuse 2, Abuja
Date:16 August 2024
Time: 4:00 PM

DAY 2 (1ST SESSION)

HEALTH WALK ?‍♂️?‍♀️

Muster Point: NBA National Secretariat, Plot 1101 Muhammed Buhari Way CBD Abuja

Date: Saturday, 17 August 2024
Time: 7:00 am

DAY 2 (2ND SESSION)

The Novelty Match in his Honour

Venue: D’ Kings Turf Pitch, No.8 Al-fayuim Street Wuse Zone 3, Abuja

Date:17 August 2024
Time: 3:00 PM

NB:
To participate in the novelty match trivia, please scan the QR code or click on the link below-

https://zfrmz.com/yXi2IdmSrhJBK1enFluT

DAY 3
Thanksgiving Church Service

Venue: Summit Bible Church, Plot 1101 Oladipo Diya Street, Kaura Abuja

Date:18 August 2024

Time: 9:00 Am

NEWS RELEASE

Distinguished Colleagues,

By legal notices issued under the hand of the Chairman of the Legal Practitioners Disciplinary Committee (LPDC) on 13 August 2024, the LPDC has announced that the following persons have been found guilty of various professional misconducts, and have been sanctioned in the following terms:

I. ABIKOYE OPEYEMI TIMOTHY (SCN034372): Name is ordered to be struck off the Roll of Legal Practitioners; Abikoye is also ordered to refund N2, 359, 000 to the Petitioner.

II. JONATHAN CHINEDU NWAGWU (SCN052392): It is ordered that counsel should be suspended from engaging in legal practice for a period of 3 years from 24 April 2024; Jonathan is also ordered to refund N1, 943, 043. 70k to the Petitioner.

III. EDWARD OSEGHALE (SCN073464): It is ordered that counsel should be suspended from engaging in legal practice for a period of 2 years from 8 May 2023.

IV. CYPRIAN OBIORA IFEANYI AGWUNA (SCN005675): It is ordered that counsel should be suspended from engaging in legal practice for a period of 2 years from 20 February 2024.

Members are urged to take notice of these directions by the LPDC. The Notices of the LPDC Chairman are herewith attached for your reference.

Thank you, and do have a good evening.

A candidate in the just concluded Nigerian Bar Association (NBA) National Officers Elections, Mr. Chukwuka Ikwuazom SAN has rejected the “post-audit report” released today by the Electoral Committee of the NBA (ECNBA).

Speaking on whether the report has laid the controversy surrounding the elections to rest, Ikwuazom, who was until recently the Chairman of the NBA Security Agencies Relations Committee (NBA-SARC), disagreed.

He told CITY LAWYER that he just seen the report and would need an expert review of it.

He however berated ECNBA for “expending time and resources” on the audit, adding that what is required is an “an audit by an independent party.”

His words: “I am just seeing this report. I need time to review it and get the professional views of an expert. However, it’s just curious to me that the ECNBA is expending time and resources justifying its activities rather than simply allowing an audit by an independent party.”

CITY LAWYER recalls that Ikwuazom had pulled out of the presidential race mid-way into the poll, citing irregularities.

He followed up his concerns by asking the ECNBA to grant him access to the election server and related information within 48 hours.

In a letter dated 21st July, 2024 and addressed to the ECNBA Chairman, Mr. Oluseun Abimbola SAN, Ikwuazom identified four areas where the election was allegedly marred by irregularities and demanded about 18 documents relating to the elections.

Another presidential candidate, Mr. Tobenna Erojikwe had also queried the outcome of the election and demanded an audit.

The ECNBA had in the post-audit report stated that “Despite some concerns raised by candidates regarding alleged anomalies and potential data manipulation, a thorough review of the voting process and system architecture indicated no evidence of fraud. We maintained stringent controls and safeguards, such as encrypted data transmission, secure system architecture and limited access to protect the voting process from any external or internal threats. No fraud nor fraudulent act was observed throughout the election period and retrospectively, reaffirming the credibility of the electoral process and its outcomes.”

Stakeholders believe that the release of the report by the electoral umpire is aimed to douse the controversy heaped on the election especially by the erstwhile presidential candidates.

Dear Sir Augustine Alegeh, SAN, CON,

I write to wish you a resounding, happy birthday. As you mark your sixtieth birthday anniversary, I cannot express my deepest gratitude and admiration for the immense impact you have had in my life and career, as well as on the entire legal profession in Nigeria.

Serving as General Secretary under your visionary tenure as President of the Nigerian Bar Association was not only an honour of a lifetime but a truly transformative experience. Your visionary, dynamic and pacesetting leadership remains epochal. Your dedication to the principles of justice, unwavering commitment to the rule of law, and tireless efforts to advance the legal profession left an indelible mark on the NBA and on all of us who had the privilege of working closely with you.

Your tenure was marked by groundbreaking achievements that set new standards for excellence within the NBA. You guided the association with wisdom and integrity, championing the cause of legal reform and ensuring that the voice of the Nigerian legal community was heard loud and clear. Your leadership not only strengthened the NBA but also inspired a new generation of lawyers to aspire to the highest ideals of our noble profession.

As I prepare to take up the mantle of leadership within the NBA, I am aware of the enormous shoes I am stepping into. The lessons I learned while serving under your guidance have been invaluable, and they will undoubtedly shape my approach to this new responsibility. Your mentorship, support, and encouragement have been a cornerstone of my journey, and for that, I am eternally grateful.

On your birthday, I wish you continued success, good health, and abundant happiness. May the years ahead be filled with joy, peace, and the satisfaction of knowing that your contributions to the legal profession and the broader society will be remembered and celebrated for years to come.

Once again, happy birthday, sir. Thank you for your exemplary leadership, and for the profound impact you have had on my life and the lives of so many others.

Warm regards,
Mazi Afam Josiah Osigwe, SAN
President-Elect, Nigerian Bar Association

AS OUR ‘JOLLY GOOD’ LEADER SITS ON THE DIAMOND FLOOR TODAY…
HEARTY CHEERS TO A TRUE & EXEMPLARY BARMAN! – OKEY OHAGBA, ESQ.

Today, I join friends and well wishers world over to celebrate a man of many parts, a true Barman, a jolly good fellow and exemplary leader, the 27th President of the Nigerian Bar Association, High Chief Augustine Oyarekhua Alegeh, SAN, CON as he attains sixth floor.

Past President Alegeh is a quintessential leader and true philanthropist who has touched many lives and stills mentors many.

As he marks the anniversary of his birth today, I pray for God’s continuing blessings and extra longevity now and always.

Very happy 60th birthday and many happy returns my leader

Okey Leo Ohagba, Esq
Past NBA National Officer

FEATURED

J-K Gadzama LLP Holds its 8th Annual Moot and Mock Trial Session for the Nigerian Law School Externs

J-K Gadzama LLP, founded by the foremost Bar Leader and Life Bencher, Chief Joe-Kyari Gadzama, OFR, MFR, SAN has just conducted its 8th Annual Moot and Mock Trial Session for Nigerian Law School externs posted to the firm for the Mandatory Law Office Attachment.

The Session, which was held on Wednesday, August 07, 2024, is one of those annual events initiated by the Learned Silk and Life Bencher in fulfilment of his commitment to give back to, and invest in the future of, the legal profession. The Session was held at THE HON. JUSTICE NIKI TOBI MOOT COURT located at the pent floor of J-K GADZAMA COURT, fully furnished with state-of-the-art court room facilities and donated for the use of Nigerian Law School students as well as law students from various universities to participate in Moot and Mock Trials at no cost at all.

The Moot and Mock Trial Session, which was presided over by Hon. Justice Peter Lifu (representing the Chief Judge of the Federal High Court – Hon. Justice John Tsoho, OFR) witnessed the presence of distinguished and prominent personalities in the legal profession including the 2nd gentleman of Imo State, Chief Sir Chukwuma Ekomaru, SAN; the President of Nigerian Law Society, Chief Mela Audu Nunghe, SAN, Bencher and Prof. Peter T. Akper, OFR, SAN; the former Attorney General of Borno State, Mr. Mohammed Monguno, Esq. The Director General of the Nigerian Law School, Prof. Isa Hayatu Chiroma, SAN, was represented by two lecturers of the Nigerian Law School, Mr. Khalid Idris Nuhu and Mrs. M. E. Udowoim.

Their lordships from the respective hierarchies of the court were in virtual attendance. Other prominent members of the bar who joined the Session virtually were the Director General of the Nigerian Law School, Prof. Isa Hayatu Chiroma, SAN and the Secretary of the Body of Benchers, Daniel M. Tela, Esq. As a Life Bencher and Chairman of the Body of Benchers Mentoring Committee, Chief Gadzama ensured that the 25 mentees allotted to him for the six-month Body of Benchers Mentorship Program participated virtually in the Session.

The Moot and Mock Trial Session afforded the 25 Nigerian Law School externs the opportunity to play designated roles as: the registrar, the clerk, the prosecution counsel, the counsel for the defendants, the defendants as well as the witnesses.

At the end of the session, the presiding judge, not only corrected the externs where necessary, but also commended them for performing beyond his expectation. He further extolled Chief Gadzama for his unwavering dedication towards Continuing Legal Education especially in the area of mentoring young lawyers and law students.

In further appreciation of Chief Gadzama, the 2nd gentleman of Imo State, Chief Sir Chukwuma Ekomaru, SAN noted that, to the best of his knowledge, J-K GADZAMA LLP is the first and only law firm in Africa with a fully furnished state-of-the-art moot court.

Other dignitaries present at the event did not spare Chief Gadzama with encomiums and accolades.

Immediate past Nigerian Bar Association (NBA) President and Labour Party (LP) Governorship candidate for the forthcoming Edo State Governorship Election, Mr. Olumide Akpata has lauded his predecessor-in-office, Mr. Augustine Alegeh SAN on his 6th birthday celebration today.

In a message made available to CITY LAWYER, Akpata described the former NBA President as “an exemplar of what it means to be truly successful – not just in career but also in character.”

He added that “In a world that often prioritizes professional success over personal relationships, you have very deftly mastered both. Your ability to remain a compassionate friend is truly remarkable.”

On his part, the Chairman of the NBA National Officers Election Appeal Committee, Mr. Usman Ogwu Sule SAN described Alegeh as “an exemplary and inspiring Bar Leader whose tenure as NBA President remains one of the most achievement-laden in the history of the Bar.

“His leadership acumen and professionalism are virtues that endear him to lawyers of all generations.”

NBA First Vice President-elect Sabastine Anyia stated that Alegeh “to me is a consummate Bar man and a builder of young people. He cherishes friendship and is always ready to give a helping hand. With him, there is no dull moment; he always brings out the best in the people around him. He is a friend you cannot afford to miss.”

Below are the full texts of the birthday messages.

“A Diamond In The Legal Profession, A Gem Of A Friend”

At 60, you stand as an exemplar of what it means to be truly successful – not just in career but also in character.

Your legal acumen has helped to shape our jurisprudence, your stellar leadership transformed our Bar…but it is your kindness and unwavering friendship that has left an indelible mark on hearts like mine.

In a world that often prioritizes professional success over personal relationships, you have very deftly mastered both. Your ability to remain a compassionate friend is truly remarkable.

As you celebrate this milestone, know that you are cherished, not just for what you have achieved but for who you are – a man of compassion, warmth and unparalleled loyalty.

Happy 60th Birthday My Brother And My Friend!

AUGUSTINE OYAREKHUA ALEGEH SAN, CON, FCIArb (UK)

27th President of the Nigerian Bar Association

SIGNED

– OLUMIDE OSAIGBOVO AKPATA

30th President of the Nigerian Bar Association

HAPPY BIRTHDAY TO MR AUGUSTINE ALEGEH SAN, A MAN WITH A GOLDEN HEART 

For me, it is a privilege and honour to wish Mr. Augustine Alegeh, SAN, Happy Birthday and many more returns.

I first met this great man in 2012 in Lokoja NEC Meeting and since that day, it has been all rosy knowing him.

I am exceedingly excited that he will be joining the Diamond club on the 10th day of August, 2024 when he will be marking his 60th birthday in good health and sound mind. To God be the glory.

Augustine Alegeh SAN to me is a consummate Bar man and a builder of young people. He cherishes friendship and is always ready to give a helping hand. With him, there is no dull moment; he always brings out the best in the people around him. He is a friend you cannot afford to miss.

He strikes you where you are wrong with the right hand and quickly corrects you or brings you home with the left hand. In a word, I can simply describe him as a worthy leader.

This great man’s contribution to the legal profession cannot be over-emphasized. During his tenure as the NBA President, he took the Bar to the sky. He brought about so many innovations that Nigerian lawyers are still enjoying till date.

It was during his time that NBA eradicated fake lawyers by the introduction of Stamp and Seal. It became our law that Nigerian lawyers cannot file processes in our courts without affixing their NBA stamp. This innovation did not only eradicate fake lawyers but also brought about financial enhancement to our legal colleagues.

To some of us, he is the father of innovations in the Nigerian Bar Association. A special breed and a dependable ally.

As an association, we cannot be talking about NBA House without copiously discussing Mr. Augustine Alegeh SAN’s tenure. He is indeed a go-getter.

There is one striking quality of this great man; He is not afraid to speak the truth to any institution, powers or persons. As an Edo man, whenever he believes that something or an action is correct or is the truth, he can give everything to stand by it.

I thank God for sparing his life and bringing him to the Diamond age of 60. It can only be God. I pray that the Almighty will grant him many more years in good health and sound mind, increase his wisdom and finances and above all, love and happiness.

Once again, Happy Birthday to our own Austin Alegeh SAN, Past President of the NBA, the man with a golden heart.

Sabastine U. Anyia Esq
1st Vice President Elect.

The Lagos State Police Command has been accused by a civil society organisation of conducting illegal raids and extorting monies from citizens.

In a statement made available to CITY LAWYER, the Duty Solicitors Network (DSN) stated that “Between 11pm on Thursday 8th August and 6am Friday 9th of August 2024, DSN was informed in detail of a raid conducted by the Nigerian Police in Lagos State where some citizens going about their lawful business were arrested and detained but subsequently some released if they could pay the amount demanded by the police.”

Several audio messages made available to CITY LAWYER contained detailed narrations by an alleged victim of a raid conducted by operatives attached to Ketu Police Station.

The Police hierarchy is yet to react to the allegations.

Below is the full text of the statement.

Duty Solicitors Network (DSN) URGENT PDSS BULLETIN 9/8/2024

POLICE RAID ON CITIZENS: ARRESTING, DETAINING, EXTORTING AND SEIZING THEIR PHONES

Between 11pm on Thursday 8th August and 6am Friday 9th of August 2024, DSN was informed in detail of a raid conducted by the Nigerian Police in Lagos State where some citizens going about their lawful business were arrested and detained but subsequently some released if they could pay the amount demanded by the police.

A victim of the raid was in touch with her lawyer via WhatsApp unknown to the police were she informed her lawyer of how are fiance and her were arrested at around 11pm at a bus stop trying to get a bus. She noted that buses were scarce at the time but instead of the police to protect them, they were arrested by policemen (not in uniform) and taken to ketu police station and processed like common criminals.

She noted that the police arrested many others from different places, dropped them at the said police station where other policemen processed them, interrogated them, put them in the cells and demanded money from them before they were allowed to go.

DSN had previously looked into this issue of Police raids and was informally told that the Commissioner of Police himself gave the order that citizens be rounded up from a particular time of the night and detained.

We have informally approached the Lagos State Ministry of Justice on this issue as well and hoped that the Police would be reminded that this is not a police State

The Judiciary should be alert in this regard because those who can’t pay the police to be released will certainly be taking to court on trumped up charges

The police are supposed to assist citizens who may be stranded on their way home or on their way to any other location NOT to arrest them and extort money from them!

Citizens have their freedom of movement guaranteed and all the police needs to do is prevent crime which doesn’t include arresting citizens who haven’t committed any crime or who are just moving peacefully on the roads.

We call on the police chief in Lagos to review his strategy of crime prevention in Lagos State and respect the constitutional guaranteed rights of its citizens.

We are free to move around at any time and hour of the day and night without any restrictions whatsoever.

We also demand an end to police extortion, bribes and harassment .. #EndSars is still very fresh in our minds and it will be unfortunate if the police sparks another unrest only for government to turn around and blame the citizens.

Bayo Akinlade Esq
DSN

• HE WAS IN COURT ON MONDAY

• HE WAS IN THE OFFICE WORKING BEFORE …

More facts have emerged on how fiery activist and former Chairman of the Nigerian Bar Association (NBA) died yesterday.

Though there have been speculations that the activist “slumped and died” Tuesday, a ranking member of the branch dispelled that assertion, saying: “He did not slump.”

Giving more insight into the circumstances of his death, the Bar Leader wrote: “He was found dead on his office chair,” adding that “cause of death not yet known.

“Mr. Adesina Ogunlana was hale and hearty. He attended the branch meeting on Monday and made meaningful contributions concerning the ongoing protest. He recommended that the branch holds a press conference tomorrow, Thursday, to address the issues facing the nation.

“He was also seen in Ogba court on Monday, and his secretary and juniors said he was in the office yesterday working before they closed and left him.

“So what happened between that period is yet unknown, but he didn’t slump.”

Meanwhile, Lagos State Governor Babajide Sanwo-Olu has described the passing away of the former Chairman of Nigerian Bar Association, Ikeja branch, Adesina Ogunlana, as sudden and a great loss.

The governor commiserated with the Ogunlana family and the entire members of NBA, particularly Ikeja branch, over the death of “a fearless and courageous lawyer.’’

He said that the deceased, popularly called “Serubawon” by his colleagues, led a fulfilled life by making positive impact on the lives of the ordinary people during his lifetime.

Sanwo-Olu prayed for the repose of the soul of the deceased and for God to grant his family and friends the fortitude to bear the irreparable loss.

On its part, the Nigerian Bar Association expressed sadness over the death of the former chairman of the Ikeja Branch of the NBA. Ogunlana, who was Chairman of the NBA Ikeja Branch from 2016 to 2018, passed away on Tuesday.

In a statement by the National Executive Committee of the NBA, through the National Publicity Secretary, Akorede Lawal, on Wednesday, the body said Ogunlana’s passage is a monumental loss.

The statement which was made available to CITY LAWYER also said that Ogunlana’s term as the Chairman of the NBA Ikeja Branch between 2016 and 2018 witnessed a renaissance of some sort within the Bar, as he actively led the protest against the increase in the Land Use Charge introduced by the Lagos State Government in 2018.

The statement reads: ”It is with great sadness that the National Executive Committee of the Nigerian Bar Association received the news today of the passage of one of the illustrious members of the NBA, Adesina Ogunlana, Esq.

“Mr. Ogunlana was a former chairman of the Ikeja Branch of the NBA.

“His term as the Chairman of the NBA Ikeja Branch between 2016 and 2018 witnessed a renaissance of some sort within the Bar, as he actively led the protest against the increase in the Land Use Charge introduced by the Lagos State Government in 2018.

“In this time, when citizens of this country look up to conscientious members of the legal profession for direction, the passage of Adesina Ogunlana is a monumental loss, as he was an activist in the exact sense of the word.

“Not one to shy away from standing firmly on the side of the people, Mr Ogunlana actively participated in the Nationwide Hunger Protest in Lagos last week.

“Through his life works as an advocate in the courtroom and publisher of Squib Magazine, Mr. Ogunlana, who recently celebrated his 60th birthday, was renowned for his active commitment to the rule of law, effective administration of justice, and protection of human rights.

“The NBA and indeed the legal profession will miss Adesina Ogunlana, but more so will Nigeria. To his immediate family, friends, and members of the NBA Ikeja Branch, the NBA offers its deepest condolences.

“Be assured that you are not alone in your grief; we grieve with you but take solace in the man that Adesina Ogunlana was. May Almighty God comfort us all.”

NEWS RELEASE

ESTABLISHMENT OF TRANSITION IMPLEMENTATION COMMITTEE (TIC)

Distinguished Colleagues,

Recall that the NBA President, Yakubu Chonoko Maikyau , SAN constituted a Transition Committee (TC) to ease the handover process to the newly elected NBA, National Officers.

The NBA President-Elect, Mazi Afam Osigwe, SAN has constituted a Transition Implementation Committee (TIC) to work with the Transition Committee . The TIC will be responsible for ensuring a smooth transition and addressing any challenges that may arise during the implementation process.

The Committee is composed of the following members;

1 EMEKA OBEGOLU SAN (Chairman)
2 OLUSEGUN FABUNMI SAN (Co-Chair)
3 ABDUL MOHAMMED SAN
4. JOHNSON J. USMAN SAN
5. ⁠BARBARA OMOSUN
6. ⁠PROF IBRAHIM ABIKAN
7. ⁠AMINU GADANYA
8. ⁠ADETUNJI OSHO
9. ⁠CHUKWUMA OSENYENIM
10. ⁠ABUBAKAR GAJAM
11. ⁠EDIDIONG PETER EYOH
12. ⁠BILKISU ODOKOR
13. ⁠VICTOR CHAPI
14. ⁠ROSELINE TASHA
15. ⁠HAJIA SHAAWANATU YUSUF
16. ⁠JOY GBANIGO
17. ⁠BAMIJI ADEYEYE
18. ⁠RACHEL PRINCEWILL

The Committee may dispense with physical meetings or hold hybrid meetings.The Committee is also expected to liaise with the Transition Committee set up by the NBA President.

The NBA President-Elect thanks members of both the TC and TIC for accepting to serve.

Thank you.

Bridget Edokwe, Esq
NBA, Publicity Secretary (Elect)

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A date has been announced for the public presentation of the autobiography of the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola in Abuja as part of activities marking his retirement from the bench.

The book, titled, “Judging with Justice,” which is to be unveiled on the birthday of the eminent jurist is the engaging narrative of the life and career of Hon. Justice Olukayode Ariwoola.

In a press statement issued and signed by Mr. Olanrewaju Akinsola on behalf of the Organising Committee, the prestigious event is scheduled to take place on Thursday, August 22, 2024, at the International Conference Centre, Abuja.

Among the dignitaries expected at the occasion was the former Head of State, His Excellency, Gen. Abdulsalami Abubakar, GCFR, while His Lordship Hon. Justice Benedict Kanyip, PhD, OFR is the Book Reviewer.

The autobiography, designed to mark Hon CJN’s retirement, “is a candid and introspective account of Justice Ariwoola’s journey through the ranks of the judiciary, highlighting his experiences, challenges, and triumphs. The book offers a rare glimpse into the mind of a judicial Icon who has played a pivotal role in shaping Nigeria’s judicial landscape.”

The event which coincides with the 70th birthday of the foremost jurist and his formal retirement as the Chief Justice of Nigeria will have in attendance leading dignitaries from the Bench, the Bar, and the general public.

The book, according to Hon. Justice Monica Bolna’an Dongban-Mensem, CFR, the President of the Court of Appeal, who wrote the Foreword, “is written in Justice Ariwoola’s characteristic flowing prose and simple yet powerful language” and “will take the reader on a colourful voyage of fascinating adventures starting from Iseyin, to lle-Ife, to Akure, to Ibadan, to Oyo, to Kaduna, to Enugu, to Lagos, before finally berthing in Abuja like the climax of a blockbuster movie flick.”

According to Akinsola, the book presentation is a landmark event that promises to be a significant milestone in the nation’s judicial history, offering a unique opportunity for legal practitioners, scholars, and the general public to gain an insight into the life and times of one of Nigeria’s most respected jurists.

The Nigerian Law Society(NLS) has vowed to commence contempt proceedings against the principal officers of the the Corporate Affairs Commission (CAC) unless it issues “a genuine and authenticated disclaimer, denouncing the defamatory Public Notice, purporting to have been issued by the Commission.”

In a statement made available to CITY LAWYER, the embattled lawyers’ association stated that it was giving the commission the “benefit of doubt” in the “age of misinformation, disinformation and fake news.”

Signed by its new President, Chief Mela Audu Nunghe SAN, the NLS however warned that if its demand is not met within 48 hours, “the Nigerian Law Society will immediately commence contempt proceedings against its principal agents.”

CAC had refused to approve the name “Law Society of Nigeria” among two others, stating that the “name is closely similar to Nigerian Bar Association and will mislead.”

This led the nascent association to head to court to press its registration by the commission. CITY LAWYER recalls that Justice Gladys Olotu of the Federal High Court sitting in Abuja had on December 15, 2023 directed the CAC to register the lawyers’ association.

The court ordered CAC “to approve for registration and thereafter register any of the proposed names submitted to it on behalf of the plaintiffs… and issue a certificate of registration to that effect”. The NBA has however appealed against the decision as an interested party.

The arrow-heads of the new association are Chief Bolaji Ayorinde SAN, Mr. Mela Audu Nunghe SAN and Amb. Garba Gajam among others. The Bar Leaders are listed as Trustees of the association.

CAC had in a notice dated August 6, 2024 and titled “STATUS OF NIGERIA LAW SOCIETY” stated that “Section 863 (2) of the Companies and Allied Matters Act No. 3 of 2020 makes it an offence for individuals, corporations or associations that require registration under the Act to commence operation or activities without prior registration.

“The above named society has not only opened a physical office at No.73 Ebitu Ukiwe Street, Jabi, Abuja but has also appointed board of trustees, opened state chapters and established an online presence at www.nls.org.ng where it is actively recruiting members.

“We therefore advise members of the general public to refrain from dealing with the society to avoid aiding and abetting illegal activities.”

Contempt proceedings for disobedience of a court order usually includes a request to jail the defaulters.

The statement reads:

PRESS STATEMENT BY THE NIGERIAN LAW SOCIETY IN REACTION TO CAC’S DEFAMATORY PUBLIC NOTICE OF MONDAY, AUGUST 5, 2024

The attention of the Nigerian Law Society (NLS) has been drawn to a misleading and defamatory Public Notice purportedly issued by the Corporate Affairs Commission (CAC) and the NLS wishes to react as follows:

Firstly, Section 40 of the Constitution of the Federal Republic of Nigeria guarantees the right to associate freely, with or without incorporation. Section 823 of the Companies and Allied Matters Act, 2020 (CAMA) clearly makes it an option for an association of persons to register with the CAC; while Section 863 (2) of CAMA cited in the said Public Notice, is clearly inapplicable to non-profit organizations.

Section 823 of CAMA provides thus:

“Where two or more trustees are appointed by any community of persons bound together by custom, religion, kinship or nationality or by anybody or association of persons established for any religious, educational, literary, scientific, social, development, cultural, sporting or charitable purpose, they MAY, if so authorized by the community, body or association (in this Act referred to as “the association”) apply to the Commission in the manner provided for registration under this Act as a corporate body.”

Secondly, the Court of Appeal in NBA vs Fawehinmi (1986) 2 NWLR (Pt. 21) 224, p. 241, paras C-D, also validated the legal status of unregistered associations.

The foregoing notwithstanding, it is public knowledge that the NLS had applied to the CAC for registration, failing which an action was brought against the CAC in Suit No.: FHC/ABJ/CS/482/2023 Chief Bolaji Ayorinde, SAN & 5 Ors. vs CAC; and judgment was entered in favour of the NLS on 15th December, 2023, directing the CAC to register the NLS forthwith.

In the age of misinformation, disinformation and fake news, the NLS is minded to give the CAC the benefit of doubt. Accordingly, the CAC under the leadership of its learned Registrar-General, is hereby given 48hrs to issue a genuine and authenticated disclaimer, denouncing the defamatory Public Notice, purporting to have been issued by the Commission; failing which the Nigerian Law Society will immediately commence contempt proceedings against its principal agents.

In the meantime, the general public is urged to kindly ignore and discountenance the purported public notice.

Tuesday, August 6, 2024.

Chief Mela Audu Nunghe, SAN, President

A domestic worker in the employment of Dr. Aribemchukwu Ofili-Ajumogobia, the deceased daughter of Justice Rita Ofili-Ajumogobia, has confessed to being involved in her murder, a police source said yesterday.

Aribemchukwu, known as Chuchu, was killed in her Parkview Estate residence in Ikoyi, Lagos State. Though a family source said she was murdered on Tuesday night, her body was discovered outside the gate of her residence on Wednesday morning.

Three domestic workers, including the house-help, a security guard, and a driver, were arrested in connection with the murder.

Providing updates on the investigation, a police source, who requested anonymity, said that the house-help confessed to the crime during interrogation.

The source clarified that Aribemchukwu was murdered in her room and her body was later dragged outside the gate to make it appear she was killed there.

“The deceased was killed in her room, and her body was dragged to the front of the gate to create the impression she was killed on the spot. The suspects attempted to clean up the blood stains but missed some spots because the act occurred at night,” the source said.

During interrogation, the house-help allegedly admitted to the crime, saying: “We did it, we did it.” The suspects reportedly packed all the valuables of the deceased after killing her.

The source also confirmed that the three domestic workers had been employed only a week before the incident.

Aribemchukwu, a doctor, had recently married before her tragic death.

State Police Public Relations Officer Benjamin Hundeyin told The PUNCH that investigations were ongoing and updates would be provided as new developments emerge.

The Legal Practitioners’ Privileges Committee (LPPC), chaired by the Honorable Chief Justice of Nigeria, Justice Olukayode Ariwoola, GCON, has approved the elevation of 87 legal practitioners to the rank of Senior Advocate of Nigeria (SAN) during its 164th Plenary session held today.

The coveted rank of SAN is awarded to members of the legal profession who have distinguished themselves as advocates and academics, serving as a mark of excellence in the field.

The LPPC also considered five petitions written against some of the applicants but dismissed all the petitions.

The swearing-in ceremony for the 87 successful applicants is scheduled to take place on Monday, September 30, 2024, heralding the new legal year.

The list of the new awardees includes 86 advocate appointees and Prof. Ganiu Oke Adeyemi, the only successful applicant in the academic category.

Some of the notable names among the senior advocate-designates include former Nigerian Bar Association (NBA) Vice President, Dr. Monday Ubani; Mr. Theodore Ezeobi; Mofesomo Ayodeji Tayo-Oyetibo, Esq.; Lateef Olaseinde Karim, Esq., and Innocent Adams Ovbagbedia, Esq.

The elevation of these legal practitioners to the rank of SAN is a testament to their exceptional contributions and expertise in the field of law, and is expected to further strengthen the legal profession in Nigeria.

1. Lateef Olaseinde Karim, Esq
2. Godwin Tagbo Ike, Esq
3. Johnson Odionu, Esq
4. Nnodim Marcellinus Duru, Esq
5. Innocent Adams Ovbagbedia, Esq
6. Soronnadi Anthony Njoku, Esq
7. Adamu Abubakar, Esq
8. Charles Oyaole Musa, Esq
9. Udochi Nunny Iheanacho, Esq
10. David Dare Onietan, Esq
11. Elele Chinatu Casmir, Esq
12. Josiah Rapuluchuks Nduka, Esq
13. Godwin Ikechukwu Obeta, Esq
14. Habeeb Orisavia Ilavbare, Esq
15. Moses Kolade Obafemi, Esq
16. Mathew Echezonam Esonanjor, Esq
17. Baba Fika Dalah, Esq
18. Babatunde Ademoye Sodipo, Esq
19. Mustapha Ikhegbe Abubakar, Esq
20. Emmanuel Ibhagbemien Esene, Esq
21. Henry Adedayo Bello, Esq
22. Boniface Chinedu Moore, Esq
23. Clement Amechi Ezika, Esq
24. Omokayode Adebayo Dada, Esq
25. Edwin Anikwem, Esq
26. Roy Ogbonnaya Umahi Nwaeze, Esq
27. Olumide Oniyire Olugbenga, Esq
28. Monday Onyekachi Ubani, Esq
29. Ayoola Olufemi Ajayi, Esq
30. Paul Chukwuma Obi, Esq
31. Olasupo Dominic Ati-John, Esq
32. Cole Segun Ololade, Esq
33. Charles Ayodeji Adeogun-Phillips, Esq
34. Okechukwu Kingsley Ajunwa, Esq
35. Jacob Ocheogbu Ifere, Esq
36. Emmanuel Aderemi Adekile, Esq
37. Christopher Ehumadu Okeke, Esq
38. Oluronke Adeyemi, Esq
39. Oluwole Olawale Afolabi, Esq
40. Toboukebide Kekemeke, Esq
41. Akinbamigbe Adesomoju, Esq
42. Victor Owarienomare Odjemu, Esq
43. Josiah Ojochide Daniel-Ebune, Esq
44. Olukunle Ogheneovo Edun, Esq
45. Abdulaziz Enebi Ibrahim, Esq
46. Stanley Chidozie Imo, Esq
47. Charles Oladipo Titiloye, Esq
48. Abdulkarim Kana Abubakar, Esq
49. Kingsley Chuku, Esq
50. Adeyinka Oluwaseun Aderemi, Esq
51. Olaolu Akintunde Owolabi, Esq
52. Adedeji Sharafadeen Abdulkadir, Esq
53. Idowu Omotunde Benson, Esq
54. Kolawole James Olowookere, Esq
55. Chinasa Thelma Unaegbunam, Esq
56. Ademola Oluwawolemi Esan, Esq
57. Omosanya Atilola Popoola, Esq
58. Taiye Ayotunde Oniyide, Esq
59. Emonye Oga Adekwu, Esq
60. Aderemi Oguntoye, Esq
61. Kashopefoluwa Olawale Balogun, Esq
62. Abdul Adamu, Esq
63. Theodore Okey Ezeobi, Esq
64. Rilwan Birnin Kebbi Umar, Esq
65. Chienye Ifeanyichukwu Okafor, Esq
66. Kaka Shehu Lawan, Esq
67. Abba Muhammed, Esq
68. Wendy Nwenenda Kuku, Esq
69. Ekele Enyinnaya Iheanacho, Esq
70. Okechukwu George Edeze, Esq
71. Akinyemi Oluwole Olujinmi, Esq
72. Gyang Yaya Zi, Esq
73. Idris Abubakar, Esq
74. George Ibrahim, Esq
75. Boonyameen Babajide Lawal, Esq
76. Terkaa Jeremiah Aondo, Esq
77. Tochukwu Peter Tochukwu, Esq
78. Uchenna Uzo Njoku, Esq
79. Paul Babatunde Daudu, Esq
80. Chukwudi Kachikwu Enebeli, Esq
81. Yusuf F. Olatunji Ogunrinde, Esq
82. Tobechukwu Kenechukwu Nweke, Esq
83. Ademola Kamardeen Abimbola, Esq
84. Yunus Abdulsalam, Esq
85. Mofesomo Ayodeji Tayo-Oyetibo, Esq
86. Chukwuemeka Agamadodaigwe Nnawuchi, Esq

The successful Academic Applicant is:

1. Prof. Ganiu Oke Adeyemi

The announcement was made by Hajo Sarki Bello, Esq., the Chief Registrar of the Supreme Court of Nigeria and Secretary of the LPPC, in Abuja, the Federal Capital Territory, on August 1, 2024.

• WHY I REFUSED TO CONGRATULATE AFAM OSIGWE

• ECNBA WRONGLY DENIED US ACCESS TO DOCUMENTS

• WHY ARE THEY AFRAID OF AUDIT?

• WE ARE BATTLING ENTRENCHED INTERESTS

A presidential candidate in the just concluded Nigerian Bar Association (NBA) Elections, Mr. Tobenna Erojikwe has said that he escaped being kidnapped during the campaigns.

In a message to his supporters obtained by CITY LAWYER, Erojikwe said that a police escort and other persons were killed during the attack by kidnappers.

Turning to the elections, he said that he has spoken with Mr. Afam Osigwe SAN who was declared winner of the presidential election, adding that Osigwe “asked that we put the elections behind us and work together in the interest of the Bar.”

Explaining why he has refused to accede to Osigwe’s request, Erojikwe said: “I told him that I would not be able to extend my congratulations because I had concerns about the process and that I intended to call for an audit, for a start.”

He vowed that he “will continue to persist and to push until the right things are done,” even as he warned his supporters that “the interests we are fighting against are entrenched and want things to continue as they are. We can only achieve the change that we want to see by remaining courageous and resilient.”

Erojikwe berated the Electoral Committee of the NBA (ECNBA) for denying him access to the election documents as requested, saying: “Interestingly, the ECNBA went on a long voyage of responding to our observations rather than providing us with the documents required for an audit.”

He noted that a similar request to ElectionBuddy also met a brick wall, adding that “they have now informed us that we should refer all inquiries to ECNBA.”

CITY LAWYER recalls that the electoral umpire had declared former NBA General Secretary, Mr. Afam Osigwe SAN as the winner of the presidential election. Osigwe polled 20,435 votes while Erojikwe polled 10,998 votes. Ikwuazom polled 9,018 votes, though he withdrew midstream during the election, citing some irregularities.

Below is the full text of the message.

Good evening, dear friends.

Thanks a lot for the love, support and kindness that you have shown to me through your phone calls, visits and messages in the last week or so. I most truly and sincerely appreciate the gestures of kindness, true friendship and a deep belief in shared values.

I thank you all for the effort, energy, time and resources that you, individually and collectively, dedicated and devoted to our quest to build a courageous and resilient Bar where no lawyer is left behind.

At this time, I think it appropriate to send this note just so everyone has a sense of where we are with things.

On a personal note, I am grateful to God Almighty for His amazing kindness and mercy towards me. In the course of this election venture, I had encountered an attack with kidnappers that led to the loss of a policeman in my entourage as well as other lives. God spared my life then and through all the travels and visits. I am also grateful that God Almighty gave me the strength of character to run a purpose driven campaign. Most importantly, He brought all of you to me as co-venturers in this project of building a courageous and resilient Bar where no lawyer is left behind. So, absolutely no bitterness whatsoever from this end.

When I took the decision to embark on this journey, I knew that it was a contest and that only one of the contestants would emerge victorious. I had hoped that I would be declared the winner but was resolute that in the event that I wasn’t that I would immediately congratulate the winner of the elections and join hands with him in whatever way he would desire. This is the reason why, throughout the process, we continued to insist that the ECNBA should do the right things. Importantly, we were going to play this game in a totally different manner from what people were accustomed to. We refused to do the public felicitations, condolences and goodwills. We were adamant about not distributing money or vote buying in any form amongst other things including paying for people to attend the AGC, offering hotel accommodation to NBA politicians at Conference and other events, paying BPF for lawyers or collecting money from non lawyers or politically exposed individuals.

We relied on selling an ideology and showcasing our track record. To the Glory of God Almighty, our Movement continued to gain traction till the very end.

The day after the elections, I noticed a missed call from the winner designate. When I returned the call much later in the day, he asked that we put the elections behind us and work together in the interest of the Bar. I told him that I would not be able to extend my congratulations because I had concerns about the process and that I intended to call for an audit, for a start.

This for me was an unfortunate moment for the Bar because, beyond the issues around technology and the possibility of manipulation, was the critical issue of Trust in the system.

In the course of the campaigns, I had always talked about the concept of leadership. I had also spoken about truth, equity, fairness and justice. I understand that the easier choice at this time would be for us to walk away now but my challenge to everyone is that it is important that we stay the course and ensure that we do all that we can to fix our profession irrespective of whatever challenge we may face on our way. Giving up cannot, in my view, be an option.

I have received overtures of cooperation across camps and we are working with all like minded people to fix things in our profession.

I will continue to persist and to push until the right things are done. I am conscious of the fact that the interests we are fighting against are entrenched and want things to continue as they are. We can only achieve the change that we want to see by remaining courageous and resilient.

We have written to the ECNBA requesting to be furnished with documents and granted access for an audit of the electoral process. Despite the request being made in accordance with the provisions of the Constitution of the NBA, we have been wrongly denied access to the documents on the contrived basis that acceding to the request would amount to a breach of data protection laws. Interestingly, the ECNBA went on a long voyage of responding to our observations rather than providing us with the documents required for an audit. We have also written to ElectionBuddy requesting for information that it would ordinarily avail voters and candidates but they have now informed us that we should refer all inquiries to ECNBA.

Our request is a very simple one. Allow an independent audit of the electioneering process and the data that was submitted to ElectionBuddy for the elections. I don’t think that this amounts to asking for too much. It is our right to request for an audit so why are they afraid of allowing a process that will clear all doubts and give closure on this issue.

I ask that we keep looking up and speaking out for the sake of our profession and our country.

Please let us keep creating opportunities for growth, progress and prosperity for legal practitioners in Nigeria even if we have to do so in our private capacity. This is what I believe in and will continue to fight for. In all that I do going forward in this profession, I assure you that I will continue to fight for truth, equity, equality, justice and fairness in a courageous and resilient manner, seeking always that no lawyer is left behind.

Thanks once again for continuing with me on this journey.

God bless you all.

Tobenna.

The Federal High Court (“FHC”) has held that section 18(2) of the Companies and Allied Matters Act 2020, as amended (“CAMA 2020”), which permits private companies to have a single shareholder, is not limited to private companies incorporated after the commencement date of CAMA 2020 but applies to all private companies incorporated under the now repealed CAMA 1990.

The court made the landmark pronouncement last Tuesday while delivering judgment in Suit No: FHC/ABJ/CS/665/2023 instituted by Primetech Design and Engineering Nigeria Limited (“Primetech”) and Julius Berger Nigeria Plc (“JBN”) against the Corporate Affairs Commission (“CAC”) following the CAC’s refusal to register and record the changes in the shareholding structure of Primetech.

Primetech was incorporated in 2011 as a private company with two shareholders namely: JBN and another shareholder. Following a transfer of the shares held by the other shareholder to JBN, Primetech notified the CAC of the change in its shareholding structure and requested that the change be reflected on its corporate records on the Companies Registration Portal (“CPR”).

The CAC refused to register and record the change and instead contended that section 18(2) of CAMA 2020 does not apply to private companies registered prior to the commencement date of CAMA 2020 (as the section only applies to private companies registered after the enactment of CAMA 2020).

In addition, CAC argued that the provisions of section 18(2) of CAMA 2020 cannot be relied upon to reduce the shareholding of an existing private company to one shareholder as such will be a ground for winding-up of the company under section 571(c) of CAMA 2020.

As Counsel to Primetech and JBN, Banwo & Ighodalo argued that a purposive construction of sections 18(2), 22(1), 118, 571(c) and 869(1) of CAMA 2020 clearly shows that the legislature intended for section 18(2) of CAMA 2020 to apply to all private companies, irrespective of when such companies were incorporated and/or their shareholding structure at the time of incorporation; and it will be discriminatory to assert otherwise.

The FHC agreed with the submissions of Banwo & Ighodalo that the application of section 18(2) of CAMA 2020 is not limited to only private companies incorporated after the commencement date of CAMA 2020. The FHC held that to hold otherwise will defeat a literal interpretation of section 18(2) of CAMA 2020 and the ease-of-doing-business intentions of the legislature which is manifest in section 18(2) of CAMA 2020.

In relation to section 571(c) of CAMA 2020 which states that a company may be wound up by the court if ‘…the number of members is reduced below two in the case of companies with more than one shareholder…”, the court noted that the legislature took into account the fact that some companies are allowed to have only one shareholder, that is, private companies pursuant to section 18(2) of CAMA 2020.

Consequently, the court held that the CAC was wrong when it relied on section 571(c) of CAMA 2020 as the basis for its refusal to register and record the change in Primetech’s shareholding structure.

The court ordered CAC to immediately accept for filing, the share transfer instrument pursuant to which JBN became the sole shareholder of Primetech, and update Primetech’s corporate records in the CPR accordingly.