A retired judge of the High Court of Lagos State, Justice Beatrice Adesuwa Oke-Lawal is dead. She retired from the bench on 19th of October, 2022.
CITY LAWYER gathered that the jurist died on Monday.
Following the passing of the retired judge, some Lagos courts announced last Tuesday that they would not sit, apparently in honour of the jurist.
One of such notices reads:
“Dear All,
“It is with deep sense of loss that we announce the passing of Hon. justice Oke-Lawal (retired) today the 28th day of October 2024.
“In the light of the above, the court is unable to attend to all outstanding matters previously listed for last week I.e. 21st to 24th October 2024.
“Kindly exercise more patience as hopefully same will be resolved on or before Thursday 31st October, 2024.”
In a condolence message to the jurist’s husband and Senior Executive Assistant to Governor Seyi Makinde on General Administration, Chief Bayo Lawal, the Deputy Chief of Staff to the Oyo State Government, Hon. Folajimi Oyekunle, described Justice Lawal’s death as “sad and shocking.”
He said that Justice Lawal’s contributions to the judiciary in Oyo State and Nigeria would be greatly missed, adding that “Her death creates a great vacuum in the judiciary and is an irreparable loss to her family and the state.”
He praised Justice Lawal’s legacy as a mentor and coach to judicial officers, noting that her impact would be felt for years to come. Oyekunle commiserated with Justice Lawal’s husband, Pa Bayo Lawal, and prayed for strength for her family.
“May Allah give her husband, children, and other family members the fortitude to bear the loss,” he said.
Late Justice Oke-Lawal and hubby
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At the Nigerian Law Society (NLS), we believe that access to justice is a fundamental human right, and that everyone should have equal access to legal remedies and redress. We recognize that barriers to access to justice can be financial, social, and cultural, and that these barriers disproportionately affect vulnerable and marginalized groups in our society.
Our Access to Justice Policy Agenda is focused on removing these barriers and promoting equal access to justice for all Nigerians. Our work in this area includes:
Advocacy and lobbying for legal aid funding policies: We advocate for policies that support the provision of legal aid to those who cannot afford legal representation, and we work with the government to secure funding for legal aid programs.
Promoting access to justice for Indigenous people: We recognize the unique legal challenges faced by Indigenous people in Nigeria, and we work to promote their access to justice through targeted programs and initiatives.
Addressing access to justice issues in rural and remote areas: We recognize that access to justice is often more difficult in rural and remote areas, and we work to address these issues through targeted initiatives and programs.
Conducting a biennial Access to Justice and Pro Bono Conference: We bring together legal practitioners, policymakers, and other stakeholders to discuss access to justice issues and to develop strategies for promoting equal access to justice for all Nigerians.
Supporting pro bono legal work: We recognize the important role played by pro bono legal work in promoting access to justice, and we support and promote pro bono legal work through initiatives and programs.
At the Nigerian Law Society, we are committed to promoting equal access to justice for all Nigerians, and we invite you to join us in this important mission
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DELIVERS PAPER ON “THE RIGHTS TO PEACEFUL ASSEMBLY AND ASSOCIATION AND THE ROLES OF LAW SOCIETIES AND BAR ASSOCIATIONS IN AFRICA”
Legal luminary, Chief Joe-Kyari Gadzama OFR, MFR, SAN was on Monday, October 28, 2024, conferred with life council membership by the African Bar Association (AfBA) along side Lennox S. Hinds, JP (who was Counsel to Late Nelson Mandela and the African National Congress) and Charles Uwensuyi-Edosomwan SAN.
According to a statement made available to CITY LAWYER, the conferment took place at the Kenneth Kaunda Wing of the Mulungushi International Conference Center, Lusaka, Zambia during the opening ceremony of the ongoing AfBA Annual Conference, holding from October 27 to October 31, 2024 in Lusaka, Zambia.
The statement reads: “The well-deserved conferment recognized Chief Gadzama’s already giant strides in the development of Africa’s legal systems and further compliments the Learned Silk’s tireless efforts toward the advancement of unity among the various African Bar Associations and Law Societies.”
Meanwhile, on Sunday, October 27, 2024 a welcome cocktail of the AfBA 2024 Annual General Conference was held in the evening hours at the Law Association of Zambia House on Lagos Street, Rhodes Park, Lusaka, Zambia.
The cocktail which was attended by Honorable Judges, President of AfBA, Honorable Attorney General of Nigeria, President of the Law Association Zambia, Director General of the Nigerian Law School, Ag. Director of the Nigerian Army Directorate of Legal Service among other notable bar leaders, legal practitioners and professionals (from public and private sectors) across all fields in Africa and abroad, was marked by joyous moments of laughter, photo sessions, food, drinks and musical interludes.
The conference also had a session on Security, Reparation, Human Rights, Aviation Law, AfCTA and Trade Law.
CHIEF GADZAMA SAN, DELIVERED A PAPER ON “THE RIGHTS TO PEACEFUL ASSEMBLY AND ASSOCIATION AND THE ROLES OF LAW SOCIETIES AND BAR ASSOCIATIONS IN AFRICA”, AT THE ONGOING 2024 AFBA ANNUAL CONFERENCE IN LUSAKA, ZAMBIA
Chief Joe Kyari Gadzama OFR, MFR, SAN, had at the ongoing 2024 Annual Conference of the African Bar Association, delivered a paper on the Topic; “The Rights to Peaceful Assembly and Association and the Roles of Law Societies and Bar Associations in Africa,” during a session chaired by The Honorable, The Chief Justice of Zambia, Dr. Mumba Malila, SC who was ably represented by Ms. Mungowe Matakala.
The paper which was presented at the conference’s session on Human Rights, held at the Old Wing Building, Mulungushi, International Conference Center, Lusaka, Zambia, centered on individuals’ rights to form peaceful professional assemblies and law associations and how that already existing law associations cannot take away such rights by citing examples of various countries around the world where multiple law associations have co-exist peacefully, while drawing the dichotomy between what an association is and what an assembly is. He also made reference to various countries’ legal regimes which guarantee the rights to peaceful assembly and association.
In his presentation, the Learned Silk juxtaposed his paper with the need to allow for digital rights by recommending enactment of legal frameworks that make access to the internet easier for people far and near, in the ever-changing digital age.
During the commentary session, Professor Tony Ojukwu SAN who is the Executive secretary of the Human Rights Commission in Nigeria, supported the idea introduced by Chief Gadzama during his presentation and added that the multiplicity of law associations in a country like Nigeria will promote healthy competition and re-brith of brilliant ideas.
The session which was moderated by Dr. Ugoji Eze, had other speakers during the session which included Professor Ibrahim Gambari (Former Chief of Staff to Former President Mohammed Buhari) Mweelwa Muleya (Representative of the Zambian Human Rights Commission) and Mr. Charlse Kihara, and came to an end after a question and answer session.
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RIVERS ASSEMBLY IMBROGLIO AND A 23-POINT COUNSEL ON INESCAPABLE LEGAL AND ETHICAL OBLIGATIONS UPON LAWYERS TO DEFEND THE RULE OF LAW AND UPHOLD THE COURSE OF JUSTICE AT ALL TIMES
By Sylvester Udemezue
The current commentary is a word of caution to lawyers in Nigeria generally. Permit me to respectfully say that unless we as lawyers stand up to defend constitutional democracy in Nigeria, democracy, rule of law and Nigeria may collapse upon us, and lawyers would be held responsible for destruction of both democracy and Nigeria. That the brouhaha in Rivers State has lingered till today is largely because Nigerian lawyers generally have refused to face the truth, play their role and discharge their primary duties to the state and professional responsibilities to the course of justice and the rule of law. I have some questions to ask all lawyers involved either as Counsel, interested parties or as observers in the imbroglio. But before then, please forget whose ox is gored, forget which side you belong to or you represent as a Lawyer, and just check out these, dispassionately and objectively:
(1). I have seen Paragraphs 1, 2, 3, 4, 5, 6, 8, and 15 of the Affidavit in support duly deposed to by Hon Martins Amaewhule on behalf of himself and 26 other members of the Rivers State House of Assembly, and filed on 13 December 2023 in Suit No: FHC/ABJ/CD/1783/2023 (Rt Hon Martins Amaewhule & 26 Ors v INEC & 5 Ors) wherein the Honourable declared on behalf of himself and 26 other honorables, that all 27 of them had VOLUNTARILY defected to another political party on 11 December 2023.
(2). I have watched media coverage of the open defection of Martins Amaewhule and 25 other Honorables on the floor of the hallowed chambers of the Rivers State House of Assembly on 11 December 2023. Martins Amaewhule and his group of 25 Honorables had read their letters of defection on the floor of the House in full glare of the world. The reports and VIDEOS are all over the place for all to see. Examples:
a. Below is a YouTube live video of Honorable Martins Amaewhule leading 25/26 other members of the Rivers House of Assembly to defect on 11 December 2023. This happened on the floor of the House. Please watch it: https://youtu.be/5uX-E3yxvs0?si=tzawr3xv8aN9ncy5 Accessed 07 July 2024
b. Below is a YouTube live video of Honorable Martins Amaewhule and 25/26 other members of the Rivers House of Assembly after the 11 December 2023 defection, being warmly received/welcomed by the leadership of their new political party: https://youtu.be/8LS_VTc7YBo?si=RiBPcSGsuCXVit44 Accessed 07 July 2024
(3). I have read several times, the Press Release issued thereafter by Hon Martins Amaewhule affirming their defection, defending their defection, and even openly bragging about the defection, saying they defected because (a) there was “division” in the state chapter of PDP and in the House of Assembly, and that (b). they were defect in deference to the Renewed Hope Agenda. Eagleonline reports: “Speaking after reading the letters signed by the defected lawmakers, Amaewhule directed the Clerk of the House to convey their resolution to Fubara and other relevant authorities. ” (See: “Rivers: Why we defected from PDP to APC — 27 lawmakers”; Eagleonline; 11 December 2023). Platforms Africa reports: ‘The 26 lawmakers of the Rivers State House of Assembly have said that their defection from the Peoples Democratic Party to the All Progressives Congress was tied to President Bola Tinubu’s “Renewed Hope Agenda”. The factional Speaker, Martins Amaewhule, who led the mass defection, adduced the reason.’ (“Why We Dumped PDP For APC — 26 Rivers Lawmakers”; Platforms Africa; 19 December 2023). Sahara Reporters report: “Video Confirms Defection Of Rivers Former Speaker, Amaewhule, Colleagues From PDP To APC Despite Court Case” (24 May 2024). Vanguard reports: “The factional Speaker of the Rivers State House of Assembly, Rt. Hon Martins Chike Amaewhule said the twenty seven lawmakers decided to defect from the People’s Democratic Party, PDP to the All Progressives Congress, APC because of the crisis rocking the state chapter of the PDP. Amaewhule also said that they left their former party because President Bola Ahmed Tinubu is doing very well with the appointments of Rivers indigenes into various key positions in his government.” (See: “Rivers Factional Assembly Speaker, Amaewhule Lists Reasons for Defection”; VanguardNgr; 17 December 2023).
(4). I’ve read news reports that the group of 27 Honorables later deposed to an affidavit filed at the Federal High Court, admitting on oath, that they’d defected from their own.
(5). I have read Section 109(1)(g) of the Constitution of Nigerian,1999. I’ve researched and researched and researched to see if there was any division or merger in the PDP at the National level, as of the date of the defection. I have seen no such evidence of division in the party; or, can there exist a hidden division in a political party, not reported anywhere in the news? Also, I have not found any evidence of a merger or merger plans involving the PDP as of 11 December 2023.
(6). I’ve read, from top to bottom, the case of DAPIALONG V. DARIYE (SC 39/2007) [2007] NGSC 181 (27 April 2007) (Supreme Court) where the Supreme Court held that the 14 members of the Plateau State House of Assembly who had defected from their political party to another political party when there was no division in their own party, had thereby AUTOMATICALLY lost their seats in the Plateau State House of Assembly.
(7). I have read the case of A.G. FEDERATION v. ABUBAKAR (2007) 10 NWLR (PT.1041) 1 AT 178, where the Supreme Court of Nigeria (per Aderemi, JSC at page 178) held as follows: A.G. FEDERATION v. ABUBAKAR (2007) 10 NWLR (PT.1041) 1 AT 178, the Supreme Court of Nigeria (per Aderemi, JSC at page 178) stated thus: “Members of the Senate and House of Representatives were elected by the people…. I have no doubt in my mind that the legislators have made it manifest that if any of these elective members after winning an election on the platform of a political party, later, on being a member of the Senate or of the House of Representatives, defects to another political party, he is deemed, in law, to have automatically vacated his seat in the House of which he is a member. No other interpretation can be given to the above provision. A similar provision was fashioned out for members of the State House of Assembly, Section 109(1)(g) of the Constitution which is the relevant provision…. It is manifest from the above quoted constitutional provisions that the lawmakers intended to and indeed made punishable the defection of an elected member, from the political party that sponsored him, to another political party before the expiration of the period for which the House was elected by declaring his seat vacant.”
(8). I have read the case of ABEGUNDE V. ONDO STATE HOUSE OF ASSEMBLY & ORS (2014)LPELR-23683(CA) (pp. 78-79 paras. B)(CA), where the Court of Appeal (Per MSHELIA, J.C.A) held as follows: “Appellant has violated the provisions of Section 68(1)(g) of the 1999 Constitution. The consequence is that appellant has to mandatorily vacate his seat as member in the House of Representatives. The case of A.G. FEDERATION v. ABUBAKAR (2007) 10 NWLR (PT.1041) 1 AT 178 is relevant and instructive on this issue. The Apex Court per Aderemi, JSC at page 178 stated thus: “Members of the Senate and House of Representatives were elected by the people as were the President. Applying the well known principles of interpretation to the above provision of the Constitution, I have no doubt in my mind that the legislators have made it manifest that if any of these elective members after winning an election on the platform of a political party, later, on being a member of the Senate or of the House of Representatives, defects to another political party, he is deemed, in law, to have automatically vacated his seat in the House of which he is a member. No other interpretation can be given to the above provision. A similar provision was fashioned out for members of the State House of Assembly, Section 109(1)(g) of the Constitution which is the relevant provision. His Lordship further stated: -“It is manifest from the above quoted constitutional provisions that the lawmakers intended to and indeed made punishable the defection of an elected member, from the political party that sponsored him, to another political party before the expiration of the period for which the House was elected by declaring his seat vacant. No similar provision was made for the Vice-President or even for the President.”*_
(9). I have identified the two types Of Defection In a Legislative House In Nigeria (My Opinion): Under the Constitution of the Federal Republic of Nigeria, 1999, defection by a member of a legislative house (the National Assembly or the House of Assembly of a State) may be constitutional or unconstitutional. A constitutional defection is one that happens “as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored”. An unconstitutional defection occurs when the defection is not “as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored”. A major different between a constitutional defection and an unconstitutional defection, in effect, is that in the case of the former, the defecting lawmaker does not lose his seat in the House, unlike in the latter case which results in automatic loss of his seat, meaning that his seat automatically becomes vacant.
(10). I have read the case of SPEAKER, CROSS RIVER HOUSE OF ASSEMBLY & ANOR V. EKOM & ORS (2021) LPELR-55738(CA) Per MUHAMMED LAWAL SHUAIBU ,JCA (P. 21, paras. C-F) on what is factionalization in a political party, and on the type and definition of the type of “Division” of “Merger” That Can Justify Defection In A Legislative House In Nigeria:
(11). I have searched and researched and researched to see whether there is any evidence that anyone or group had coerced or otherwise compelled Hon Martins Amaewhule and his 25-member group of Honorables into the defection that happened on 11 December 2023. I have not seen any sign of coercion or compulsion. This means that Martins Amaewhule and his group had deliberately, voluntarily, intentionally and willingly, without legal justification, defected from PDP to another political party on 11 December 2023.
(12). I have read and researched much about the principles of Volenti Non Fit Injuria, and of a person having to be legally responsible for the necessary legal consequences of his deliberate acts.
(13). I have read the immutable pronouncement of Hon Justice PIUS OLAYIWOLA ADEREMI, JSC in CHIBUIKE AMAECHI V. INEC (2008) 1 SCNJ 1; (2008) 5 NWLR (Pt.1080) 227 to the effect that “in all countries of the world which operate under the rule of law, politics are always adapted to the laws of the land and not the laws to politics. Let our political operators allow this time-honoured principle to sink well into their heads and hearts” and also the declaration in the case of MILITARY GOVERNMENT OF LAGOS STATE V EMEKA ODUMEGWU-OJUKWU (1986) 1 NWLR (Pt.18) 621, (2001); (2001) FWLR (Part 50) 1779 at 1800, to the effect that “The Nigerian Constitution is founded on the rule of law, the primary meaning of which is that everything must be done according to law. Nigeria, being one of the countries in the world which profess loudly to follow the rule of law”.
(14). I have researched and written extensively on what the role of a lawyer and a law reseacher should be in his society towards the sustenance of the rule of law and promotion of constitutional democracy. Among relevant write ups in this regard are: (A) . “Has the Recent Supreme Court Decision in DAUDA V. FRN changed the System of Criminal Justice Administration in Nigeria?”* By Sylvester Udemezue (18 November 2018; barristerng.com); and (B) . “The Lawyer`s Place In Mismanagement Of Media Misinformation In Democratic Nigeria”* By Sylvester Udemezue (05 November 2016; thenigerialawyer.com). In the latter of the two, I had cited numerous works among which is an article titled, “Role of Lawyer in the Society: A Critical Analysis,” and published in The Clarion: A Multidisciplinary International Journal, (2012) I(I)148-52, wherein the author, Balin Hazarika, has this to say:
“In democratic societies, lawyers surely fill an important role that no other professional fills: the lawyer is the guardian of the rule of law, the ideal that all people stand equally before the law and neither expect nor receive special treatment from it. In emerging democracies, this role is especially important for lawyers, who have the potential to become the great levelers between the powerful and the less so. A lawyer’s function therefore lays on him a variety of legal and moral obligations toward:…the public for whom the existence of a free and independent profession itself is an essential means of safeguarding human rights in face of the power of the state and other interests in society.”
(15). I can remember Mahatma Gandhis shining example of what the role of lawyer should be in society. On page 4 of the book, THE LAW & THE LAWYERS (by M.K Gandhi), it is reported thus about Mahatma Gandhi‘s love of truth and justice: “If there was one characteristic more than another that stamped Gandhi as a man amongst men, it was his extraordinary love of truth. The Mahatma was an ardent and inveterate votary of truth. Truth, like nonviolence, was the first article of his faith and the last article of his creed. It was therefore no wonder that in his practice of the law, he maintained the highest traditions of the profession and did not swerve by a hair’s breadth from the path of rectitude and integrity. He was always valiant for truth, bold in asserting it in scorn of all consequence, and never sold the truth to serve the interests of his clients. He never forgot “that if he was the advocate of an individual, and retained and remunerated, often inadequately, for his valuable services, yet he had a prior and perpetual retainer on behalf of truth and justice.” It may truly be said of him that he practiced law without compromising truth.”
(16). In several writings, I’ve recalled Mr. Justice Crampton’s admonition to legal minds in the case of R. v. O’Connell et al. (1844), 7 I.L.R. 261 at 313, “[the lawyer] will ever bear in mind that if he be the Advocate of an individual, and retained and remunerated (often inadequately) for his valuable services, yet he has prior and perpetual retainer on behalf of truth and justice; and there is no Crown or other license which in any case, or for any party or purpose, can discharge him from that primary and paramount retainer.”
(17). Now, in my writeup, “THE PLACE FOR “KICK-BACKS” & “BRIBES” IN OUR EFFORTS TO KICK BACK CORRUPTION & KICK-START RESPONSIBLE GOVERNANCE IN NIGERIA” By Sylvester Udemezue. 23 October 2018, I tried to paint a picture of what the role of Lawyers and legal researchers should be in a democracy: “A major duty legal researchers and rule of law campaigners owe society in the practice of constitutional democracy for promotion and sustenance of responsible and responsive governance is to constantly offer legal opinions on issues of law to guide our leaders and institutions in the discharge of leadership responsibilities”
(18). It is in view of the aferosaid that we have decided to ask ask the following questions:
(A). What are all these lawsuits in re Rivers State House of Assembly, all about?
(B). Are we trying to prove that Martins Amaewhule and his group did not defect on 11 December 2023?
(C). Are the lawsuits trying to change the fact of the defection or are the lawsuits going to manufacture a fact to show that there was a “division” in the PDP on 11 December 2023? Or are the lawsuits going to rewrite the provisions of Section 109 of the Constitution or change the decisions in the cases of DAPIALONG V. DARIYE (SC); A.G. FEDERATION v. ABUBAKAR (SC); and the Court of Appeal decision in ABEGUNDE V. ONDO STATE HOUSE OF ASSEMBLY & ORS?
(D) Are the lawsuits trying to prove that the 24 Honorables were compelled to defect?
(E) What are the lawsuits and brouhaha all about? Can someone educate me? Do we want to operate democracy or to kill democracy? Do we want to stand the law on its head or to turn the law upside down? What are we doing? What his the brouhaha all about? Some group of people who knew about Section 109(1)(g) of the Constitution and who knew there was absolutely no division in the PDP, woke up from sleep and defected to another political party whereupon they lost their seats and accordingly ceased to be members of the Rivers State House of Assembly. Instead of them going home to prepare for fresh elections, lawsuits are flying all over the place, in all directions. Why? Who did this to Nigeria?
(19). MY HUMBLE OPINION: The 25/27 Honorables who defected from their political party to another on 11 December 2023, have lost their seats and are no longer members of the Rivers State House of Assembly. Unless we call a spade by its name, we’d not make any progress in our claim to practice Constitutional democracy. The defected Honorables well know, or ought to have known the legal consequences of their said defection at a time when there was absolutely NO form of division in the political party on whose platform they were elected. I think perhaps the defected lawmakers had thought (unfortunately erroneously) that since they were in the majority, then NO SHAKING. That’s why, perhaps, they had felt so confident in flagrantly flouting the Constitution of the Federal Republic.
(10). My people, it’s the rule of law that governs constitutional democracy, not majority rule. Any majority rule that fails to comply with the rule of law is void ab initio, the rule of law being the inviolable foundation of constitutional democracy. I accordingly submit that being no longer members of the Rivers State House of Assembly, the defected Honorables may no longer be able to take any action in the name of or on behalf of OR as the Rivers State House of Assembly. I think that, as things stand stand today, if they purport to do otherwise, any person or group who possesses relevant locus standi could go to Court, relying on DAPIANLONG V DARIYE, etc, to have their actions set aside on grounds that they are now impostors.
(21). NOTE: My humble opinion is without prejudice to whatever the courts will say in the end.As I wrote in one of my commentaries, “All in all, mine is a mere opinion, respectfully and disinterest offered, without prejudice to the wisdom of the Supreme Court of Nigeria, which has the final say. The Supreme Court is a court of law, possessing appellate, original and supervisory jurisdictions. It has also been described as a court of policy. I respect their Lordships. The ball is now in their court, to do justice to the case, according to law. We are bound by their decisions. ‘Let rule of law prevail’ is my prayer”*_ (SEE: “Does Nigeria’s Supreme Court Have Original Jurisdiction to Entertain the Case Filed by the Senate Over CJN Onoghen” (By Sylvester Udemezue; 03 February 2019; thenigerialawyer.com)
(22). BOTTOM LINE: Speaking generally, Rule 1 of the Rules of Professional Conduct for Legal Practitioners (RPC), 2023 imposes on every Legal Practitioner in Nigeria a perpetual duty “to uphold and observe the rule of law,” and to “promote and foster the cause of justice.” Also, in Rule 15, RPC, a lawyer is barred from asserting any position when he knows or ought reasonably to know that such “would serve merely to harass or maliciously injure another.” He must also not make a false statement “OF LAW OR FACT.” Generally, the lawyer is not expected to “aid or participate in conduct that he believes to be unlawful even though there’s some support for an argument that the conduct is legal.”
(23). Honestly, I think much of the challenges some Legal Practitioners in Nigeria encounter in this respect have more to do with their difficulty in being able to draw a clear line between their duties as lawyers in society and their responsibilities to their clients or to political, social, religious or ethnic organisations or other interest groups to which they belong or whose interests they represent. Some Legal Practitioners easily overlook the fact that, irrespective of their political leanings or cultural, ethnic, religious or social predilections, they have a primary responsibility as lawyers to uphold the truth, and promote the rule of law irrespective of whose ox is gored. This duty is overriding and supplants the lawyer`s duty to his clients and/or any desire on his part to protect or advance the/any provincial interests he represents. It could therefore be concluded that promoting the truth, justice, and rule of law, is the most obvious and fundamental role for lawyers in a constitutional democracy, although this duty is not necessarily such a simple one. Nevertheless, let it be known that if Nigerian lawyers for whatever reasons fail in these core duties, our hope of building, sustaining and advancing true constitutional democracy and democractic constitutionalism would become a mirage.
Respectfully, Sylvester Udemezue (udems) Proctor, The Reality Ministry, (A Non-aligned, Nonprofit Public Interest Law Advocacy Group) therealityministry@gmail.com.
DISCLAIMER: The views expressed in this article are entirely those of the author and do not reflect the opinion of CITY LAWYER Magazine, its publishers, agents and or privies.
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“A Judge shall avoid developing excessively close relationship with frequent litigants – such as government ministers or their officials, municipal officials, police prosecutors in any Court where the Judge often sits, if such relationship could reasonably create an appearance of partiality.”
Rule 2.8, Revised Code of Conduct for Judicial Officers in Nigeria (2016)
Sylvanus Nsofor was a little known Justice of the Court of Appeal when he breathed oxygen into Muhammadu Buhari’s political aspirations with his dissent in the presidential election petition in 2007. Eight years earlier, he had launched a unique career in the history of political litigation in Nigeria.
The case arose from the election into the office of Chairman of the Obio/Akpor Local Government Area (LGA) in Rivers State in Nigeria’s Niger Delta on 12 December 1998. Cyprian Tasie Wike was the candidate of the All Peoples Party (APP). Cyprian Chukwu flew the flag of the Alliance for Democracy (AD). After screening aspirants on 24 November, 1998, the Peoples Democratic Party, (PDP) settled on Ezenwo Nyesom Wike as its candidate.
At the time, local elections were conducted by the Independent National Electoral Commission (INEC) and the PDP initially submitted Nyesom Wike’s name as their candidate. However, sometime before election day, the party substituted his name with Samuel Rogers Icheonwo. When it announced the results, INEC declared the candidate of the PDP as the winner with 40,370 votes, beating the candidate of the AD into second place with 11,441 votes.
Nyesom Wike sued, claiming that INEC had announced Icheonwo as winner when he was not lawfully sponsored by any party in the contest. The election petition tribunal struck out the petition, holding that it lacked jurisdiction “to resolve the issue as to who was sponsored by PDP.”
Nyesom Wike appealed. In his judgment on behalf of a three-person panel of the Court of Appeal on 6 March 1999, Sylvanus Nsofor nullified the result announced by the INEC and ordered a re-run of the election with Nyesom Wike as the candidate of the PDP. Wike duly won the re-run to emerge as the Chairman of the Obio/Akpor LGA.
Since then, Nyesom Wike’s political trajectory has been attended by what appears to be an unusual coincidence of mutually beneficial intercourse with the judiciary. In 2008, he became Chief of Staff to a Governor of Rivers State whose emergence rested on a somewhat improbable piece of judicial machination.
After a stint as Minister of State for Education, Wike emerged in 2015 as the candidate of the PDP for the governorship of Rivers State. Following the election on 11-12 April 2015, the INEC declared him as winner, ahead of Dakuku Peterside of the All Progressives Congress (APC). Peterside petitioned challenging the result declared by INEC. The tribunal granted his petition and initially set aside the result. The Court of Appeal agreed with the trial tribunal.
On 12 February 2016, the Supreme Court set aside the judgment of the Court of Appeal on a specious technicality and restored Nyesom Wike as duly elected. The author of the Supreme Court judgment was Kudirat Kekere-Ekun.
In the past week, she and Nyesom Wike resumed mutual acquaintance. In the intervening nine years, Kekere-Ekun had risen to become Chief Justice of Nigeria (CJN), while Wike emerged in August 2023 as Minister of the Federal Capital Territory. The venue was the flag-off of the construction by the Minister of 40 units of judicial housing in Abuja.
This was the latest chapter in Wike’s durable track-record as Nigeria’s most prolific judicial benefactor.
As Governor of Rivers State, he gave 41 Range Rover Sports Utility Vehicles (SUVs) to judges in the state. Customary Court judges were not left out. He gave them 29 Renault SUVs, while complaining about the “unfortunate the unwillingness of the judiciary in Nigeria to seek true independence to discharge their functions.”
The irony was clearly lost on him.
In 2020, Wike donated 24 luxury duplexes to judges in Rivers State and reportedly “handed out $300,000 in cash to judges who preferred to build their own houses.” It was presumably tax-free. Then CJN, Tanko Muhammad, slavishly “applauded his generosity saying the gifts spoke of the ‘love the Rivers State governor has for the judiciary.’”
The love was fully requited.
The previous year, in January 2019, the judiciary had made Wike’s re-election an electoral non-event when it disqualified the opposition APC from fielding any candidate against him. Neutral observers did not need to wonder whether all the investment in the judiciary was without mutual benefit.
Before leaving office as Governor in 2023, Wike launched yet another construction of quarters for judges also in Rivers State, this time on a site “where his administration recently demolished flats initially belonging to Bayelsa State.”
This gubernatorial generosity to the judiciary went beyond the state level. Former presidential candidate, Omoyele Sowore, reported that as Governor, Nyesom Wike awarded a contract to former President of the Court of Appeal (PCA), Zainab Bulkachuwa, “to build the Court of Appeal in Port Harcourt”, the capital of Rivers State. In return, he said “anything Wike wanted was granted before he asked.” Neither Wike nor Bulkachuwa has thought it fit to issue a denial.
Now, as Minister of the Federal Capital Territory, Wike’s political generosity has become fully federalized under the judicial benediction of yet another CJN. At the launch of the 40 new units of judicial housing in Abuja this past week, the Minister had in attendance both the CJN and the PCA. Presumably keen to impress such high judicial presence, Wike serenaded them with testimony as to how he summarily revoked the land previously allocated to construction conglomerate, Julius Berger, in order to make it available for building suitable judicial digs.
The high judicial figures present looked nothing if not suitably impressed, but the Minister was only getting started. According to him, it was important “to build houses for judges so they would not be susceptible to temptations from unscrupulous politicians.”
No one around had the presence of mind to ask him to look in the mirror.
This has been described charitably as convenient overreach. A better description for it will be judicial subornation. In full public glare, the two senior-most judges in the country looked rather giddy as they advertised an undisguised breach of the Code of Conduct for Judicial Officers, whose effectiveness depends on their combined leadership and example.
There is no political litigant in the country more prolific than the current Minister of the FCT. He has an almost extra-terrestrial ability to normalise outcomes that defy all cannons of lawful judicial enterprise. If anyone fits the description of the prohibition in Rule 2.8 of the Judicial Conduct, it is Minister Wike. Yet, for him, the Chief Justice of Nigeria is happy to retrench that same Code of Conduct.
It was not supposed to be like this.
Jerome Udoji, one of Nigeria’s best known lawyers and public servants, was born in Ozubulu in present day Anambra State around 1912. Udoji was also the first indigenous District Officer in the colonial civil service. He ended his civil service career Chief Secretary to the government of the Eastern Region under the military coincidentally in 1967, the same year in which Wike officially was born.
When he got the opportunity to undertake a retrospective on his public tour of duty in 1995, fifteen years before he died in 2010, Udoji chose to issue his memoirs with the title “Under Three Masters.” The three masters whom he served, of course, were colonial administrators, post-colonial civilian politicians, and their military usurpers.
Each set of masters was not without exertions in seeking judicial subservience. Until now, they had usually encountered judicial resistance. Under the current dispensation, however, it is almost as if government has a minister responsible for judicial subornation. To many, the leading judges have simply become Wiked and the country has a CJN who appears happy to have the judicial branch fully Nyesomized.
A lawyer and a teacher, Odinkalu can be reached at chidi.odinkalu@tufts.edu
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A group of pro-democracy activists under the aegis of “Concerned lawyers for justice and defence of the rule of law and democracy” has urged the Nigerian Bar Association (NBA) and the Body of Benchers to wade into the suspension of Benue State Attorney-General and Commissioner for Justice and Public Order, Mr. Bemsen Mynin.
CITY LAWYER recalls that Mynin was placed on an indefinite suspension by Benue State Governor, Rev. Fr. Hyacinth Alia for joining the lawsuit challenging the legality of Economic and Financial Crimes Commission (EFCC) allegedly without approval from the governor.
In a press statement made available to CITY LAWYER, the group wrote: “It is therefore imperative for the Nigerian Bar Association and the Body of Benchers and all stakeholders to take proactive steps to protect the office of the State Attorney General. The Nigerian Bar Association and the Body of Benchers have a duty to ensure that the Attorney General is able to operate independently and in accordance with the principles of justice and fairness.”
The human rights group warned that Mynin’s suspension “sends a chilling message to other public officials and members of the legal profession. It creates a climate of fear and uncertainty, where individuals may be hesitant to speak out against injustice or challenge the government’s actions. This is detrimental to the functioning of a democratic society and threatens the rights and freedoms of all citizens.”
* Governor Alia and Mynin … when the going was good.
Below is the full text of the statement.
PRESS RELEASE BY CONCERNED LAWYERS FOR JUSTICE AND DEFENCE OF THE RULE OF LAW AND DEMOCRACY ISSUED IN REACTION TO THE INDEFINITE SUSPENSION OF THE ATTORNEY-GENERAL OF BENUE STATE BY THE GOVERNOR OF BENUE STATE.
INTRODUCTION
1.1 Lawyers play a vital role in upholding the rule of law, protecting individual rights, and ensuring fair justice administration. They advocate for clients’ rights, negotiate settlements, and provide legal advice. They also uphold societal principles of justice by advocating for legal reforms, challenging unjust laws and actions, and promoting access to justice for marginalized populations. Lawyers may engage in pro bono work to ensure equal access to the legal system.
1.2 The State Attorney General’s office is created by the 1999 Constitution of the Federal Republic of Nigeria with the responsibilities of defending the government in legal matters, prosecuting criminal cases, and defending the state in civil litigation. In performing his constitutional responsibilities, the Attorney-General and all the lawyers in his office must uphold ethical standards, uphold transparency, accountability, and integrity, protect individual rights, uphold the rule of law and promote a fair legal system.
2.0 OFFICE OF THE STATE ATTORNEY-GENRAL
2.1 The office of the State Attorney General is a crucial institution in Nigeria, established by Section 195 and the powers of the office prescribed by Section 211 of the 1999 Constitution. The Attorney General is responsible for upholding the rule of law, protecting citizens’ rights, and ensuring justice is served. The State Attorney General is a key figure in Nigeria’s legal system. He serves as the Chief Legal Officer, providing legal advice to the State Government on legislative and executive actions, he also represents the State in legal proceedings and acts as the chief prosecutor in criminal cases.
2.2 The State Attorney General can institute and undertake criminal proceedings on behalf of the State, prosecuting individuals accused of crimes within the State. He can intervene in legal proceedings affecting the State’s interests, file amicus curiae briefs, and issue binding legal opinions on State legal matters. The role of the State Attorney General is pivotal in maintaining the integrity of the legal system and protecting the interests of the State and its citizens.
3.0 SUSPENSION OF THE ATTORNEY-GENERAL OF BENUE STATE
3.1 On Wednesday, 23rd October, 2024, the Chief Press Secretary to the Governor of Benue State, Sir Tersoo Kula issued a press statement wherein he stated that “The Governor of Benue State, Rev. Fr. Hyacinth Alia, has directed the Attorney General of the State and Commissioner for Justice, Barr. Bemsen Mnyim, to proceed on indefinite suspension”. The press statement further read that “the suspension was necessitated by Barr. Mnyim’s ultra vires decision to join the State in a suit challenging the legality of anti-graft agencies, namely the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices Commission (ICPC)”. The Press statement quoted the Governor as stating that:
“No appointee is permitted to act unilaterally. No matter how pressing or urgent the issue is, one must resort to due consultations with me or appropriately brief me and seek my permission before acting, especially in a sensitive matter such as this”
“My administration is holding accountable those who embezzled money and drained our State dry. The EFCC and ICPC are assisting us in this effort. How can I now turn around and begin to challenge these watchdogs? I gave no permission for him to enter appearance for the State. Because he acted on his own, I hereby suspend him indefinitely pending a satisfactory explanation of his actions.”
3.2 It is our contention that the issue of the Governor suspending the Attorney General for joining a suit without permission is a contentious one, involving the balance and exercise of power conferred by the Constitution. The powers of the State Attorney General are expressly prescribed by the Constitution.
In exercising his powers conferred by section 211 of the 1999 Constitution, the State Attorney General does not require the permission of the Governor.
The Constitution clearly delineates the role of the Attorney General as an independent legal officer who is not subject to the direction or control of any other authority, including the Governor as far as exercising his constitutionally prescribed duties are concerned. This independence is crucial to ensure that the Attorney General can carry out his duties impartially and without interference from political authorities.
The Attorney General is expected to act in the public interest and uphold the rule of law, regardless of the preferences or instructions of the Governor. This independence of the Attorney-General is essential to maintain the integrity of the legal system and ensure that justice is administered fairly and impartially.
While the Governor may have the authority to appoint the Attorney General, this does not give him the power to direct or control the Attorney General in the performance of his constitutional duties. The Attorney General is accountable to the law and the Constitution, not to the Governor or any other political authority in these regards.
The Attorney General serves as the Chief Legal Officer and represents the State in legal matters, including bringing lawsuits to protect the government and its citizens. However, there may be situations where consultation or approval from the Governor is necessary, such as in cases of significant public policy or political importance. The Attorney General and Governor should work together in such circumstances to best serve the interests of the State and its citizens.
It is a notorious fact that the suspended Attorney General since the inception of the current administration has filed and defended several suits on behalf of the State government. These suits include but are not limited to the Local Government autonomy suit. The questions then are:
What is the established procedure for the Attorney General to obtain the Governor’s permission before filing, defending or joining a suit on behalf of the State?
Did the Attorney-General follow the procedure and obtained the Governor’s permission in all other cases except the EFCC and ICPC case?
We note regrettably that the combination of the offices of Commissioner for Justice and Attorney General has accounted for the misconception that the Attorney-General as an appointee of the Governor is under the control of the Governor instead of the Constitution that established the office. The Office of the Attorney General and the Office of the Commissioner for Justice are two distinct entities within a State Government, each serving a unique purpose in the administration of justice.
The Attorney General is the chief legal officer, representing the state in legal matters and providing legal advice. He enforces state laws, prosecute criminal cases, and defend the state in legal disputes as earlier stated. The Commissioner for Justice on the other hand is a more specialized office, dealing with policy issues and overseeing the state’s court system, legal services, and other aspects of the justice sector.
The call for maintaining separate offices for the Attorney General and the Commissioner for Justice to allow each office to focus on its specific responsibilities, prevent conflicts of interest, and ensure effective operations, is therefore imperative and is hereby reiterated.
4.0 WHETHER THE ATTORNEY GENERAL WAS GIVEN FAIR HEARING
4.1 The suspension of the Attorney General ‘indefinitely pending a satisfactory explanation of his actions’ call to question whether he was given fair hearing and accorded the respect of his office.
4.2 The principle of fair hearing is a fundamental aspect of the legal system that ensures individuals are given a fair and impartial opportunity to present their case before a decision is made. This principle is rooted in the concept of due process, which is a fundamental right that guarantees individuals the right to be heard and to have their case considered fairly and impartially.
4.3 Fair hearing as one of the pillars of justice can be traced to the biblical story of Adam and Eve where God afforded them a fair hearing before imposing punishment for eating the forbidden fruit. This narrative is a powerful example of justice and accountability in the face of disobedience. Despite their transgression, God did not immediately condemn Adam and Eve, but instead gave them the opportunity to explain their actions and accept responsibility for their choices.
4.4 When Adam and Eve ate the forbidden fruit, they disobeyed God’s command and brought sin into the world. However, God did not act rashly or impulsively in response to their actions. Instead, he called out to them, asking where they were and why they had eaten the fruit. This demonstrates God’s willingness to listen to their side of the story and give them a chance to explain themselves. This story highlights the importance of accountability and justice in the face of wrongdoing. By affording Adam and Eve a fair hearing before imposing punishment, God set a precedent for fairness and justice in his dealings with humanity.
4.5 The Governor from his background and training is expected to be above board and to act accordingly. Suspending the Attorney General before calling on him to provide ‘satisfactory explanation of his actions’ negates the principles of fair hearing and justice. It is tantamount to putting a cart before the horse and to say the least, malicious.
5.0 IMPLICATION OF THE GOVERNOR CLAIMING IGNORANCE OF THE SUIT
5.1 First and foremost, the Governor’s claim of being unaware of a high-profile lawsuit involving the State despite widespread media coverage raises serious concerns about his level of awareness and engagement with important issues affecting the State. As the Chief Executive of the State, the Governor is expected to be well-informed about significant matters that could have far-reaching implications for the State and its residents. Failing to be aware of such a lawsuit calls into question the Governor’s ability to stay informed and make informed decisions on behalf of the State.
5.2 Furthermore, the Governor’s claim of ignorance about a lawsuit that has been widely covered in both the traditional and social media for months raises doubts about his transparency and honesty. Does it mean that the Governor does not listen to news or read the newspapers? On the other hand, does it mean his litany of media aids failed and neglected in their responsibility to keep the Governor abreast of current affairs?
5.3 It is difficult to believe that a Governor would not be aware of a lawsuit that has garnered significant media attention and public interest. This lack of transparency and honesty can erode public trust in the Governor and the State Government as a whole, leading to a loss of credibility and legitimacy.
6.0 IMPLICATION OF SUSPENDING THE ATTORNEY GENERAL INDEFINITELY
6.1 The suspension of an Attorney General of a State indefinitely can have significant socio-political implications. The Attorney General is a key figure in the legal system of a State, responsible for representing and guiding the State in legal matters and generally overseeing the administration of justice in the State. As such, the suspension of the Attorney General can disrupt the functioning of the legal system, create a power vacuum, leave a void in the leadership of the legal system, create uncertainty and instability, and have broader political consequences.
6.2 The suspension of the Attorney General also has implications for the rule of law. The Attorney General plays a key role in upholding the rule of law and ensuring that the government acts in accordance with legal principles. The suspension of the Attorney General can create uncertainty about the Government’s commitment to the rule of law and raise concerns about the integrity of the legal system. This can have wider implications for the functioning of democracy and the protection of individual rights and freedoms.
7.0 OTHER PERSPECTIVES
7.1 The Governor’s suspension of the Attorney General for joining a suit against the anti-graft agencies has raised serious concerns. The suspension is attributed to fear of reprisal from the anti-graft agencies, known for their aggressive pursuit of corruption cases.
7.2 The Economic and Financial Crimes Commission (EFCC) for instance is facing a growing concern among State Governors due to its history of selective prosecution of political opponents and misuse of its powers for political purposes. Governors, who hold significant power within their States, are vulnerable to allegations of corruption and misuse of public funds. The fear of being targeted by the EFCC has chilling effects on governance and public service in the States, making them hesitant to make bold decisions or take necessary actions.
7.3 The Governor’s suspension of the Attorney General for joining the suit against the anti-graft agencies has therefore, raised suspicions of scapegoating.
8.0 NEED TO RESPECT AND PROTECT THE OFFICE OF THE ATTORNEY-GENERAL
8.1 The office of the Attorney General needs to be treated with respect because of the important role it plays in upholding the rule of law. One of the primary reasons for respecting and safeguarding the office of the State Attorney General is to ensure that the office can carry out its duties without fear or favor. The Attorney General must be able to act impartially and without bias in order to uphold the rule of law and protect the rights of all citizens. Any attempts to undermine the Attorney General’s office could compromise his ability to fulfill his constitutional mandate and erode public trust in the legal system.
8.2 Protecting the office of the State Attorney General is essential for ensuring that the Government operates within the confines of the law and that no one is above the law and this is crucial for preserving the integrity of the legal system. Without a strong and respected Attorney General, there is a risk that the legal system could become corrupted and justice could be compromised, thus undermining public confidence in the administration of justice.
8.3 The office of the Attorney General also needs to be treated with respect because of the expertise and experience that the Attorney General brings to the role. The Attorney General is typically a highly experienced and skilled legal professional who has a deep understanding of the law and legal processes. This expertise is crucial in ensuring that the government is able to make informed and legally sound decisions. It is the only political office that the constitution prescribed 10 years post qualification for the occupant.
8.4 The Governor should also respect the office of the State Attorney General because the Attorney General is an independent constitutional officer. The Attorney General although appointed by the Governor, his appointment is with constitutional flavour and therefore, is not beholden to the Governor or any other State official. By respecting the office of the Attorney General, the Governor can help to uphold the rule of law and ensure that justice is served impartially.
8.5 The indefinite suspension of the State Attorney General has therefore raised serious concerns among the citizens of the State. This action by the Governor has sparked a debate on the implications it may have on the rule of law. As responsible citizens, it is imperative that we condemn this suspension and call for a transparent and fair resolution to the situation. This action sets a dangerous precedent and raises questions about the government’s commitment to upholding the principles of democracy and the rule of law.
8.6 As well-meaning Nigerians, we must speak out against this suspension and demand accountability from the government. It is essential that we uphold the principles of justice and fairness, and ensure that all individuals, regardless of their position, are treated with respect and dignity. The suspension of the State Attorney General undermines the credibility of the legal system and erodes public trust in the government.
8.7 The indefinite suspension of the State Attorney General sends a chilling message to other public officials and members of the legal profession. It creates a climate of fear and uncertainty, where individuals may be hesitant to speak out against injustice or challenge the government’s actions. This is detrimental to the functioning of a democratic society and threatens the rights and freedoms of all citizens.
8.8 It is therefore imperative for the Nigerian Bar Association and the Body of Benchers and all stakeholders to take proactive steps to protect the office of the State Attorney General. The Nigerian Bar Association and the Body of Benchers have a duty to ensure that the Attorney General is able to operate independently and in accordance with the principles of justice and fairness.
9.0 CONCLUSION
9.1 The indefinite suspension of the State Attorney General by the Governor for joining a suit against anti-graft agencies raises important questions about the balance of constitutional powers and exercise of constitutional assigned responsibilities of the office of the State Attorney General. This action by the Governor sets a dangerous precedent for the office of the Attorney General and the ability of State officials to carry out their duties without fear of reprisal.
10.2 The State Attorney General has a duty to uphold the law and represent the interests of the state, even if it means challenging the actions of other government agencies. By suspending the Attorney General for simply doing his job, the Governor is undermining the principles of checks and balances that are essential to a functioning democracy.
10.3 Furthermore, the Governor’s action conveys a frightening signal to other State officials who may become hesitant to challenge the status quo or speak out against administrative malfeasance and illegalities. This kind of intimidation and retaliation has no place in a democratic society and threatens the very foundations of our legal system. It is imperative that we uphold the principles of the rule of law, even when it is politically inconvenient or unpopular. The suspension of the State Attorney General is a troubling development that should be met with widespread condemnation and calls for accountability.
10.4 On the whole, it is submitted that the indefinite suspension of the State Attorney General by the Governor of Benue State is a clear violation of the principles of democracy and the rule of law. It is essential that we stand up against this kind of abuse of power and ensure that our government officials are held accountable for their actions. Only by upholding the principles of justice and fairness can we truly protect the integrity of our legal system and safeguard the rights of all citizens.
SIGNED CONCERNED LAWYERS FOR JUSTICE AND DEFENCE OF THE RULE OF LAW AND DEMOCRACY
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The Ondo State Attorney General and Commissioner for Justice, Dr. Kayode Ajulo (SAN, OON) has said that the new state judiciary complex approved by Governor Lucky Aiyedatiwa would significantly boost economic growth in the state.
The Aiyedatiwa administration recently approved N31 billion contract for a new High Court Complex and N1.2 billion for renovating the VIP lodge.
Ajulo, in a statement made available to CITY LAWYER today, said that investment in the justice sector is aimed at securing democracy in the state.
According to the senior lawyer, construction of the complex would also proactively secure the future of Ondo state. His words: “The New Judiciary Complex will also significantly boost access to justice by people and residents of Ondo state.”
“Ondo state government is prioritising infrastructure for long-term welfare, and not quick fixes.
“The Ondo state government’s approach to strengthening the economy by actively making this huge investment is the most effective way to alleviate poverty.”
Ajulo noted that the award of the contract for the new Judiciary complex and the VIP lodge was not only a strategic investment but also a timely and essential step forward for the growth and advancement of the State and its people.
He explained that the critical project aligned with the state’s broader goals while emphasizing enhanced access to justice, stimulating the local economy, and solidifying Ondo State’s commitment to progress and sustainable development.
”True progress lay not in temporary relief, but in building a future where justice, opportunity, and growth are accessible to all,” he said.
“The decisions taken by the Ondo state Executive Council are both legal and highly strategic. It is almost amusing that some of the same individuals calling for infrastructural upgrades are now criticizing this transformative decision.
“Infrastructure improvements must start somewhere, and it’s the responsibility of a visionary government to assess what is critically needed and ensure its accessibility to the public.”
The Attorney General noted that before he was appointed the Chief Law Officer of the state, he was vocal about the difficulties Ondo people faced in accessing justice and the subpar conditions of the judicial system in the state
He said: “This new High Court Complex is a practical, long-awaited solution that I believe is appreciated by well-meaning residents who understand that a robust judicial infrastructure is essential for effective governance and the rule of law.”
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LAWYERS IN BUSINESS INSTITUTE MASS-HOUSING & LAND-BANKING SCHEME: Construction of Thirteen new Buildings for SANs, Judges, Lawyers and others commences in Abuja
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The 300 sqm plot can build you a 4 bedroom Fully Detached Duplex or One Bedroom flat downstairs and two bedroom flat Upstairs. You can rent all or live in one and rent the other.
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The 300sqm [Lotus] is N7,500,000.
10% Legal and Agency fee is N750,000 [not Negotiable]
Excavation and setting out charge is N1,750,000 [infrastructure excluded. To be agreed on]
Cost of building till DPC is N5,000,000
Total is N15,000,000 [Fifteen Million Naira]
50% Deposit is 7,500,000.
Balance N7,500,000
If paying in 2 years at 40% interest is N10,400,000
Divided by 24 is N433,335 monthly payment for two years.
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Silas E. Agbara, Esq [Senior Associate, M.I Dikko SAN & Associates/Director, Solar For All Ltd] Admin, LIBI.
Aare Isiaka Olagunju SAN [Past.General Secretary, NBA] President, LIBI.
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Dr. Mobolaji Ojibara’s Heartfelt Birthday Tribute to NBA President Mazi Afam Osigwe, SAN – Happy Birthday, Mazi Afam Osigwe, SAN.
Today, I celebrate not merely the passing of another year in your remarkable life but the invaluable gift of your leadership, friendship, and unwavering support. Serving the Nigerian Bar Association alongside you has transcended the definition of a role—it has been a journey filled with learning, growth, and a profound sense of shared purpose. Your belief in me has been a powerful anchor, fortifying my strength to face challenges and inspiring me to continuously strive for excellence.
You lead with wisdom that guides us, humility that unites us, and grace that brings out the best in each team member. Your vision for a united Bar, rooted in progress, dignity, and purpose, is a legacy destined to resonate far beyond our time in office. You epitomise authentic leadership: a leader who serves, uplifts, and empowers.
On this special day, I pray that joy fills every corner of your heart and that good health and peace accompany you in the years to come. May all your dreams—for the Bar and those closest to your heart—come to fruition. The impact of your leadership will remain with us, but I am confident that the best is yet to come.
Thank you for being not only a leader but a brother, a friend, and a boundless source of inspiration. I look forward to continuing this journey together as we strive to build an even stronger Bar.
Happy Birthday, Mr. President! May your days be long, prosperous, and fulfilled.
With my most profound respect and warmest wishes, Dr. Mobolaji Ojibara General Secretary Nigerian Bar Association
Celebrating Mazi Afam Osigwe SAN at 52: A Remarkable Leader and Legal Luminary
Happy 52nd Birthday to Mazi Afam Osigwe, SAN, the esteemed 32nd and current President of the Nigerian Bar Association (NBA). A Senior Advocate of Nigeria and distinguished leader, Mazi Afam Osigwe has played a pivotal role in advancing the legal profession, promoting justice, and driving legal reforms in Nigeria. His tenure as NBA President has been marked by his dedication to promoting unity within the Bar, elevating professional standards, and upholding the rule of law.
On this special occasion, we celebrate your exemplary leadership, dedication to the legal profession, and remarkable contributions to advancing justice in Nigeria. Your influence and service continue to inspire many in the legal community.
May this new year bring you wisdom, strength, and continued success in all your endeavors.
“For I know the plans I have for you,” declares the Lord, “plans to prosper you and not to harm you, plans to give you hope and a future.” – Jeremiah 29:11.
May God’s grace and protection be with you always. Amen.
Happy Birthday.
NBA Communication Officer
Birthday Greetings To The 32nd President of The Nigerian Bar Association – Dr Victor Nonso Enebeli
Today, we celebrate a distinguished leader, and an extraordinary individual—the 32nd President of the Nigerian Bar Association, Mazi Afam Josiah Osigwe SAN. On this momentous occasion, I pause to reflect on your legacy of vision, leadership, and unwavering commitment that you have brought to our legal community and beyond.
As we celebrate your birthday, l remember the many ways you have shaped our profession. Under your guidance, the Bar has not only thrived but has become a beacon of hope and a champion of justice in Nigeria. Your passion for the rule of law and human rights has ignited change and inspired countless young lawyers to pursue a path of integrity and excellence.
Your leadership is characterized by grace and strength. Whether navigating complex legal challenges or advocating for our members, you have always placed service above self. Amidst the challenges our profession faces, you have been a steady hand, reminding us that our commitment to justice is paramount.
Your contributions extend beyond the confines of the courtroom. Through visionary initiatives, you have fostered unity among diverse voices within the Association, ensuring that every member feels valued and heard. Your emphasis on professional development has equipped many with the tools needed to excel in their practice, shaping the next generation of legal minds.
On behalf of myself, friends and family, I wish you a birthday filled with joy, surrounded by loved ones. May the coming year bless you with continued strength, wisdom, and health as you guide the Bar into a brighter future.
Happy Birthday once again to an exceptional leader and a dedicated advocate for justice.
Sincerely
Dr Victor Nonso Enebeli Immediate Past Chairman NBA-Young Lawyers Forum Port Harcourt
Ndi Aquaisua, Esq. Celebrates With The President Of The Nigerian Bar Association (NBA), Afam Osigwe, SAN On The Occasion Of His Birthday
Life should not only be lived, it should be celebrated.
Former Chairman of Eastern Bar Forum Young Lawyers’ Forum (EBF-YLF), Ndifreke Aquaisua, Esq. celebrates an extraordinary and exceptional Bar man, a kind hearted legal practitioner and the 32nd President of the Nigerian Bar Association, Afam Osigwe, SAN as he becomes a year older today, 25th October, 2024.
Afam Osigwe, SAN is a former Chairman of the Nigerian Bar Association, Abuja Branch, former General Secretary of the Nigerian Bar Association and the current President of the Nigerian Bar Association. He is also a Senior Partner at Law Forte Law Firm, one of the leading law firms in Abuja, Nigeria.
Happy birthday Sir and more of God’s blessings we pray for you.
Celebration Fills the Air as Meti M. Ukpeh, Esq. Celebrates The NBA President, Mazi Afam Osigwe, SAN., on His Birthday Anniversary
May I humbly celebrate a revered, distinguished, kind hearted legal practitioner, friend and mentor to so many of us. In soothe, under your leadership, our Bar continues to thrive, championing the values of integrity, service, and excellence in the legal community; you are a worthy meteor hence, I join the NBA family accross the world to mark your special day today, honoring your profound impact on the legal landscape and your tireless service to the nation.
I wish you God’s divine fulfillment, more grace, good health, joy, success in all your endeavors and God’s upliftment.
God is involved for you sir.
Happy birthday anniversary once again Noble Learned Silk.
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THE CHIEF JUSTICE OF NIGERIA CHAIRED THE J-K GADZAMA LLP 17TH ANNUAL PUBLIC LECTURE VIRTUALLY HELD ON WEDNESDAY, 23RD OCTOBER, 2024
The J-K Gadzama LLP 17th Annual Public Lecture took place virtually last Wednesday, 23rd October, 2024. It was a highly anticipated and insightful event that brought together prominent and erudite legal luminaries to discuss the topic, “The Impact of International Law on Litigation and Arbitration in Nigeria”.
The J-K Gadzama LLP Annual Public Lecture is in fulfilment of the commitment and dedication of the Founding Principal Partner, Chief Joe-Kyari Gadzama SAN, to the development of the Nigerian Legal System. This was reflected in his Welcome Remarks through which he urged all attendees to pay close attention to the Lecture and learn from the wealth of knowledge and experience of the various speakers. Chief J-K Gadzama further appreciated the participation of the Chief Justice of Nigeria, Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, GCON who chaired the event, despite His Lordship’s very busy schedule and pressing engagements.
In the Opening Remarks, His Lordship commended Chief J-K Gadzama for coming up with such a great event that serves as a platform for engaging discussions and knowledge sharing on critical legal issues.
The Eminent Silk, Professor Paul Idornigie, SAN delivered the Keynote Speech wherein he described the lecture as timely, particularly with the recent seizure of the Presidential Jets and the Suits in Canada, the United States and the United Kingdom on the enforcement of arbitral awards against the Ogun State Government.
Professor Idornigie stated in his speech that both litigation and arbitration are dispute resolution mechanisms, however litigation is constitutional, statutory and territorial while arbitration is not only constitutional, statutory and territorial but also international. He further stated that “International Law has a more profound effect on arbitration than litigation.”
He highlighted the significance of treaties, providing elucidation on the principle of “Fork-in-the-Road Provisions”, relationship between international and municipal laws, and enforcement of foreign arbitral awards. Among other things, he recommended that there should be a reformation of Bilateral Investment Treaties involving Nigeria as well as establishment of an Inter-Governmental and Ministerial Committee on contract negotiation and management. He provided answers to all the questions asked by the attendees.
Thereafter, insightful contributions were made during the Panel Discussion by the following Discussants :
Mr. Oyetola Muyiwa Atoyebi, SAN, FCIArb. (UK); Managing Partner, Omaplex Law Firm
Mr. Madu Joe-Kyari Gadzama, LL.M, MCIArb, Member, Lincoln’s Inn; Partner, J-K Gadzama LLP.
The Lecture was indeed thought-provoking, insightful, and impactful. Implementation of the recommendations made by the Keynote Speaker and other Discussants on the topic is eagerly anticipated.
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Diamond Anniversary! FIDA Nigeria gears up for its 60th anniversary celebration
Activities have been lined up to mark the 60th-anniversary celebration of the International Federation of Women Lawyers, FIDA Nigeria in Abuja.
Over the years FIDA Nigeria has been one organisation determined to enhance and promote the welfare of women and children, realizing that the happiness of the home and strength of the society depends on the well-being of women and children.
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Dr. Jonathan Ekperusi, past Chairman of NBA Effurun Branch, Celebrates Chief TJO Okpoko OON SAN FCIArb, past President of the NBA and past Chairman, Body of Benchers on his birthday
I join millions of children, beneficiaries, followers, admirers, proteges, mentees and colleagues worldwide, to celebrate a living legend, praetor of the profession of law, custodian of the living oracles of the law, past Chairman of Nigerian Bar Association (NBA) Warri, past (National) President of the NBA, past Chairman of the Body of Benchers, etc, Chief TJ Onomigbo Okpoko OON, SAN, FCIArb. on the auspicious occasion of his birthday today.
I heartily celebrate you today and everyday, and pray the Almighty God who gave you as a rare gift to humanity, to continue to protect, preserve and perpetuate you.
Happy birthday Daddy.
We love you.
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The Nigerian Democracy Working Group has condemned alleged “judicial recklessness” by the Federal High Court judges in Kano State, stressing it will truncate the Nigeria’s democracy and jeopardize the peace and security in the state.
Dr. Vincent Okpara Innocent (Convener) and Dr. Idris A. Abdullahi in a statement jointly signed by them, urged the new Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun to review and overhaul Nigeria’s judicial system.
The Group vowed to mobilize 1,000 organizations across the country to file petition against Justice Simon Amobeda for allegedly delivering anti-public and anti-democracy judgement on the Kano Local Government poll billed to hold on Saturday, 26th October, 2024.
The full text of the statement reads:
The Nigerian Democracy Working Group, is a network of civil society organizations, academics, democracy activists, patriotic individuals and entrepreneurs across the six geo political zones of the country, who work to promote democratic practices, cultures and ethics, for the attainment of good governance and sustainable development.
Our attention has been drawn to the judgments delivered by Justice Simon Amobeda, a Federal High Judge Court sitting in Kano, which unceremoniously sacked the Chairman and five other members of the Kano State Independent Electoral Commission (KNSIEC), barely three days to the date for the conduct of the Local Government Councils Elections. Although, the ill feelings of the federal High Courts Judges in Kano, to cause conflicts and disharmony in the State, have been imprinted on the minds of every average Kano resident, who have for long known for issuing conflicting court orders which, if not for the divine intervention, Kano State must have been on fire for long.
It is our firm belief that, every civilized democracy, which respects the will of the people, courts wouldn’t have reduced themselves to temples of creating confusion, disharmony, social disunity and disorder, as the essence of their existence on promotion social and legal justice, for the people has been woefully defeated. Therefore, such a judicial system has lost the right to claim any legitimacy of constitutionalism or sanctity. The Nigerian judges have apparently reduced themselves to agents of encouraging servitude against the ordinary citizens, bowing to the interests of some evil minded individuals who care not for any person, except for their self – serving interest.
It is clear that the Federal High Courts in Kano, are on a special mission to destabilize the peace and security of the State. Every responsible person would wonder, how could a competent court of law compromise the interest and feelings of over 20 million people of Kano State, by truncating a long time plan to conduct the Local Government Councils elections, bearing in mind the deadline of the Supreme Courts to all States, to ensure then conduct of the elections in all states of the Federation, barely three days to the conduct of the Kano State elections, and not minding the huge and unquantified human and material investments. Why would some selfish individuals be encouraged by the Court to truncate and dash the hope of more than 20 million people residing in Kano State? As we condemn this judgment in totality as insensitive, anti-people, anti-democracy, anti-social justice, emotionally loaded, we call on all Nigerian citizens to condemn the judgment as irrational, miscarriage of justice and ill – timed
We are compelled to follow the path of true and objective democratic leaders who have steadily observed that, the courts judgments in many politically related cases in Nigeria in recent times, are turning the Nigerian democracy, upside down, reducing the country to a laughing stock as well as damaging the little integrity of the Institution, a body which was supposedly considered to be hallowed.
The Constitution provides the Judiciary with a power as a sacred institution in our democracy, to administer justice and protect the rule of law. It is mandated to, not only administer justice but as well people must see justice being done. We have however, found ourselves in a situation where some allegedly corrupt members of the bench collude with some evil politicians to distort our democracy and elections, consequently, the Nigerian Judiciary has methodically transformed itself into a self-styled “power broker” fully loaded with emotions, self-serving sentiments, and apparently became so monotonous to the plight and concerns of the ordinary Nigerian citizens, at a critical period when the country is imminently faced with the challenges of disintegration, clamors for revolution from within and outside the country, yet the Nigerian judges have continued to act ignorant and insensitive to all the ugly happenings and fundamental threats to national security, peace and social cohesion around the country
As Civil Society organizations (CSOs) working to promote democracy and good governance, we condemn this anti people court decision purportedly scripted to waste public funds and cause chaos in a volatile State like Kano, without any recourse to public interest, which should be assumed as the overriding. This kind of irrational court judgment is not good for our democracy, and it is of course another factor that would encourage the people to lose the little confidence remaining of the Nigerian Judiciary.
We therefore, wish to call on the new Chief Justice of Nigeria, Justice Kudirat Kekere Ekun, to take a decisive action against Justice Simon Amobeda, in line with the pledge of the CJN, of effecting some tangible reforms in the Nigerian Judiciary and deal with reckless judges who indulge in issuing indiscriminate court orders. Justice Simon is indeed fully aware of a subsisting court order from Kano State High Court of justice, prohibiting all political parties, individuals or organizations from interfering or making any attempt to distort or disrupt the process of conducting Local Government Councils Elections in Kano State. The judge, however, chose to scandalously deliver a judgment that may likely have conflict with the earlier position of the Kano State High Court order. This ugly development, is not only an embarrassment to judiciary, but also a deliberate attempt by some elements at the bench to further ruin the little reputation left of the Nigerian Judiciary
It is our adamant conviction that, if Justice Simon Amobeda is subjected to disciplinary process, it would serve as a deterrent to others. It is time for the new leadership of the Nigerian Judiciary to cleanse the system of all elements with questionable character.
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The High Court of the Federal Capital Territory (FCT) has reserved judgement in a suit seeking to compel the Nigerian Bar Association (NBA) to provide access to materials used in conducting its July 2024 National Officers Elections.
The case, filed by presidential candidate Tobenna Erojikwe, challenges the Electoral Committee’s refusal to release election materials as mandated by the NBA Constitution.
The suit, numbered FCT/HC/4393/2024: Mr. Tobenna Erojikwe v Incorporated Trustees of the NBA; Mr. Oluseun Abimbola SAN; and Electionbuddy Inc, was heard on 12th September 2024 by Justice C. O. Agashiezi. The proceedings included consideration of three preliminary objections filed by the defendants.
According to an update released by Erojikwe dated 15th October 2024, NBA’s objection centres on his “alleged failure to exhaust the internal remedies provided by the Constitution,” while the other defendants raised issues regarding “alleged non-compliance with the legal requirements for serving the 3rd Defendant outside Nigeria.”
The legal action follows what Erojikwe describes as systematic non-compliance with constitutional provisions in the aftermath of the July 2024 NBA National Officers Elections. The controversy began when the Electoral Committee of the Nigerian Bar Association (ECNBA) allegedly refused to comply with constitutional requirements and prevented third-party access to electoral materials.
According to Erojikwe, “The ECNBA refused to comply with the Constitution, it also directed Electionbuddy Inc., whose platform was used to conduct the Election, to decline releasing the electoral materials to me.”
The National Officers’ Election Appeal Committee (NOEAC) members were also accused of bias, as Erojikwe provided evidence of alleged partisanship, particularly highlighting the actions of the Committee’s Chairman, Mr. Usman Sule, SAN, who had publicly “issued a statement commending and congratulating the leadership of NBA ‘for being steadfast for the emergence of the people’s President’.” The Chairman characterised the elections as “historic”, “epochal” and “the freest and fairest NBA General Election”.
In response to this display of alleged bias, Erojikwe requested the NOEAC members’ recusal, saying: “Having publicly expressed such partisan opinion over the conduct of the Elections, I wrote to the Appeal Committee and copied the immediate past President of the NBA, asking that the Chairman and members of the Appeal Committee recuse themselves and that a new and independent committee be set up to determine my petition.” According to Erojikwe, “neither the immediate past President of the NBA nor the Appeal Committee reacted to my letter.”
According to the update, Erojikwe subsequently discovered through court proceedings that the Appeal Committee had reached a decision without his knowledge. His words: “It was in a Further and Better Affidavit filed in that suit on 10th September, 2024, by Mr. Abdul Mohammed, SAN, on behalf of the NBA, that I first saw what was called the ‘Report of the Nigerian Bar Association National Officers Election Appeal Committee’ dated 26th August, 2024.”
At the core of Erojikwe’s petition are specific provisions of the NBA Constitution’s Second Schedule, Part II, Paragraph 8, which mandates the ECNBA to “establish a system that allows interested parties to access, in a timely manner, all critical information, documents, and databases used in an Elections process.” The Constitution further requires the ECNBA to “make freely available and in a timely manner the information on which each decision was based.”
Speaking on the allegation that the Appeal Committee’s handling of the petition has raised significant procedural concerns, Erojikwe wrote: “The Committee at the only sitting it had refused to hear evidence but rather stated that it was ‘merely a fact-finding Committee’. It proceeded to conduct its activities clandestinely, leading up to the secret Report that was sent to the President of the NBA.”
There are indications that the case has potential implications on electoral transparency and institutional accountability within Nigeria’s premier legal association, as the outcome may establish important precedents for handling electoral disputes within the NBA.
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A former member of the House of Representatives, Farouk Lawan, has regained freedom from the Kuje Custodial Centre in Abuja after serving a five-year jail term. He revealed this in a statement today, saying he was grateful to all who stood by him.
“Alhamdulillah Alhamdulillah Alhamdulillah. Today marks the beginning of a new chapter in my life as I step out of Kuje Custodial Centre, with a heart full of gratitude to Allah SWT for seeing me through this trial,” the statement read.
“My gratitude is deep, I’m alive and in good health and high spirits to be with my family, friends and associates. I don’t take that for granted.
“I remain grateful and indebted to my family and friends who stood by me through this particularly trying phase of my life. May Allah SWT bless you.”
Lawan, who was the Chairman of the House of Representatives Ad hoc Committee on Fuel Subsidy Regime, was arraigned in 2013 after he allegedly demanded for a bribe of $3million from billionaire businessman, Mr. Femi Otedola, who accused him of receiving the sum of $500,000.
The bribe was said to help influence the removal of the name of his oil firm from the list of indicted companies in the fuel subsidy scam of 2012.
On an appeal by Lawan, the panel held that the prosecution failed to prove that he demanded and agreed to accept the sum from Otedola to exonerate his company from the list of indicted firms.
Lawan was convicted on the three charges preferred against him by the Federal Government, with a sentence of five years each for the first two counts, and seven years for the last count, all to run concurrently.
A Federal Capital Territory (FCT) High Court had sentenced him to seven years in prison but the Court of Appeal in Abuja reduced the jail term to five years.
On January 26, the Supreme Court upheld the Appeal Court’s ruling.
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Justice Serifat Sonaike of the High Court of Lagos State sitting at TBS has adjourned the arraignment of two lawyers, Ademola Owolabi, the managing partner of Ademola Adetokunbo & Co., and Adebayo Akeju, who is a partner in the law firm of Adon Partners, Lagos, as well as a real estate developer, Alex Ochonogor, to November 28.
Ochonogor is the owner and managing director of Bluecrest Homes Limited where Owolabi works as the company secretary.
The adjournment followed the absence of the suspects and their counsel in court yesterday when the matter was called up.
The suspects are facing a five-count charge of conspiracy to commit forgery, forgery, and willful damage to property preferred against them by Lagos State in suit Number LD/23611C/2024.
When the matter was called, the Director of Public Prosecution (DPP) of the Lagos State Ministry of Justice, Dr. Babajide Martins told the court that the Lagos State Attorney-General directed him to call a meeting on the matter. He urged the court to adjourn the matter. Consequently, the court adjourned the matter till November 28, 2024 for arraignment/further report.
Prior to this, a mild drama ensued when the matter was called. The case file was not before the court. it was gathered that the Deputy Chief Registrar had allegedly requested for the file on Friday. As a result, the judge called for it and waited until the file was retrieved.
Meanwhile, in a petition to the Lagos State Attorney-General dated October 11, 2024 and copied to the DPP, a witness, Alao AbdulFatai alleged that officers attached to General Investigation Section (G. I.) of the Force CID Annex, Alagbon, Ikoyi, Lagos invited him to reopen investigation into the matter when it is already before the court.
AbdulFatai, who is also a lawyer, wrote: “When I got there, I was staggered when confronted with the same facts that I had made a statement on and already before the court, which was different from the Letter of Invitation Police sent to me.
“Unfortunately, I had to make a statement on the same issue, under reservation of the unconstitutionality of reinvestigating a matter that is already before the court, the said re-investigation, being on the request of the accused persons.
“This is strange because all over the world, an accused and his lawyers are always happy on shoddy Police Investigation because it gives them the leeway to get exonerated in court. However, in this case, the accused asked police to reinvestigate to exoneration them.
“At the said re-investigation, the talking point of the officers from what I saw was that they were making a case for the accused, meaning that they were either influenced to conduct the investigation that way, or there was a petition to that effect, of which the intention is to intimidate me as a witness, or thwart the matter in court. no petition was shown to me.
“I had written a petition of threat to life against the trio, because I am now in fear of my life and I copied your office. kindly find your copy as attached, most especially that Bayo Akeju has gone to press to libel and defame me by stating in a publication that I have been disbarred.”
Counsel to the nominal complainant, Anthony Omaghomi had also expressed concern that Ochonogor allegedly perfected titles when there was a registered caution on the property. He has consequently asked the Registrar of Title, Lagos State Land Bureau, Alausa, Ikeja to provide him with the outcome of investigation and deregistration of consent “issued to Ochonogor registered as No: 40/40/2525 over all that parcel of land situate, lying and being at Lekki known and referred to as Plot No. 10 Block 133 Lekki Peninsula Residential Scheme 1, Eti-Osa Area of Lagos State of Nigeria containing an Area of approximately 1139.98 Square Meters with Certificate of Occupancy registered as No. 36 at page 36 Volume 1994W.”
The charge reads: “Conspiracy to commit a felony to wit: Forgery contrary to Section 411 of the Criminal Law, Ch. C17, Vol.3, Laws of Lagos State, 2015.
“Particulars of offence: Ademola Owolabi (M), Adebayo Akeju (M), Alex Ochonogor (M) and others (now at large) sometimes in year 2015 at B604, Safe Court Apartments, Ikate, Lekki, Lagos State in the Lagos Judicial Division conspired among yourselves to commit a felony to wit: Forgery.”
In count 2, they were charged with forgery contrary to Section 365 (1) of the Criminal Law, Ch. C17, Vol.3, Laws of Lagos State, 2015. The count reads: “Ademola Owolabi (M), Adebayo Akeju (M), Alex Ochonogor (M) and others (now at large) sometimes in year 2015 at B604, Safe Court Apartments, Ikate, Lekki, Lagos State in the Lagos Judicial Division with intent that it be acted upon as genuine did forge an affidavit of loss of certificate of occupancy purportedly sworn at the Registry of Ministry of Justice, Alausa, Lagos State on 23rd day of September, 2014 to falsely indicate that the original of Certificate of Occupancy Number 36/36/1994W issued to one Hamza Al-Mustapha got missing.”
The suspects were also accused of forging a Demolition Notice Number 0000025 titled “Audit of Illegal structures within Government Schemes Acquisition and Revocation Areas” purportedly issued by the Governor’s Office, Lands Bureau, Directorate of Land Regularisation, Secretariat, Alausa with the intent for it to be acted upon, , contrary to Section 365 (1) of the Criminal Law, Ch.C17, Vol.3, Laws of Lagos State, 2015.
They were again accused of procuring a forged Memorandum of Loss of Certificate of Occupancy purportedly dated September 25, 2014 to falsely indicate that the original of Certificate of Occupancy Number 36/36/1994W issued to one Hamza Al-Mustapha got missing, as well as willfully and unlawfully destroyed a bungalow located on Plot 10, Block 133, Lekki Peninsula Residential Scheme 1, Lagos State, property of one Dr. Obidigwe Eze, who resides abroad.
The background to the charge is that Owolabi and Akeju, both lawyers, allegedly aided Ochonogor to dispossess Eze of his property known as Plot 10 Block 133, Lekki Peninsula Residential Scheme 1, Lagos State.
USP Communications Limited had sold the land to Eze on May 12, 2005, where he erected a bungalow and has been in peaceful possession. Upon alleged invasion of the property by the accused persons, the Police waded in and investigated the root of their title.
The investigation revealed that Owolabi and Akeju had allegedly forged series of documents to establish that the property still belonged to Major Hamza Al-Mustapha, who was the original allottee but had since sold the property in 2002 to Continental Properties who in turn sold to USP Communications.
Relying on the premise of alleged missing title documents to the land, Akeju allegedly approached Al-Mustapha while still in prison on the basis of assisting him in facilitating the sale of the property to Ochonogor.
Al-Mustapha reportedly informed Akeju that he had sold a property in that location, instructing him to confirm from his lawyer, Abdulfatai Thomas to ensure that the property is not the same he had sold. It was alleged that Akeju failed to contact Thomas and also went ahead to concoct documents, demolish Eze’s home and sold the land to Ochonogor.
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Constitutional lawyer, Prof. Mike Ozekhome (SAN) hosted the nation’s who’s who last Thursday at the Abuja Continental Hotel in celebration of his 67th birthday and presentation of 50 books.
Among the dignitaries at the event were former Presidents Olusegun Obasanjo and Goodluck Jonathan, former First Lady Patience Jonathan and ex-presidential candidate Peter Obi.
Also in attendance were former governor of Ogun State Segun Osoba, Senator Shehu Sani, businessman Obi Iyiegbu alias Obi Cubana, among others.
Writing on his verified “X” (formerly Twitter) handle, Obi said: “Yesterday, I joined other notable figures, that included the esteemed former Presidents of Nigeria, Olusegun Obasanjo, and Goodluck Ebele Jonathan, to attend the 67th birthday celebration and the remarkable presentation of 50 books by the renowned legal Professor Mike Ozekhome SAN, CON, OFR, FCIArb, LL.M, PhD, LL.D, Litt.D, http://D.Sc.
“Professor Ozekhome’s contributions to the legal profession and his commitment to justice have left an indelible mark on Nigeria’s legal landscape.
“His body of work, as celebrated through these 50 volumes, is a testament to his intellectual prowess, relentless pursuit of truth, and dedication to the rule of law.
“In an era where strong voices of reason and principle are needed, Professor Ozekhome stands out as a beacon of hope, fighting for the oppressed and championing the cause of the downtrodden.
“His work transcends mere legal practice; it represents a legacy of courage, integrity, and the fight for a just and equitable society.
“His books are not only scholarly works but also a reflection of his life’s mission to uphold the dignity of humanity and protect the sanctity of Nigeria’s Constitution.
“As we celebrate his life and achievements, we must also recommit ourselves to the values he holds dear: justice, equality, and the defense of human rights.”
Prior to earning his LL. M. degree, Ozekhome was posted to the Ministry of Justice, Yola as a member of the National Youth Service Corps (NYSC), and then to the Federal Ministry of Justice, Lagos State. From there, he served as state counsel for the National Provident Fund (now Nigerian Social Insurance and Trust Fund (NSITF).
He then joined the chambers of the activist human rights lawyer and social crusader, the late Gani Fawehinmi, where he gradually rose to become the Deputy Head of Chambers, a position he held till 1985. He founded his own firm, Mike Ozekhome’s Chambers, in 1986. He was elevated to the coveted rank of Senior Advocate of Nigeria in 2010.
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A Nigerian lawyer, Daniel Onwe, has been honoured with the 2024 Global Accessibility Leadership Award in the United States.
The award was accorded to Onwe by the International Association of Accessibility Professionals for his contribution towards the promotion of accessible environment and public buildings in Nigeria.
A statement said the award was given to Onwe on Thursday, the last day of the association’s summit in Washington DC.
“Daniel has been very instrumental in the enactment of the Discrimination against Persons with Disabilities (Prohibition) Act 2018, as well as other disability rights legislation in different states of Nigeria. The legislation makes it mandatory for public buildings to be accessible to persons with disabilities,” the statement added.
In 2023, he was awarded the prestigious Chevening Scholarship, funded by the British Government via the Foreign, Commonwealth and Development Office.
Onwe, who is physically challenged, has been instrumental in the advocacy of defending persons with disabilities within the legal profession and the justice administration systems.
He is a co-founder of the Association of Lawyers with Disabilities in Nigeria and was elected the pioneer president.
In his time as the president of ALDIN, the Nigerian Bar Association’s annual national conferences were accessible to persons with disabilities.
THE PUNCH recalls that Onwe’s leadership also achieved “the installation of the ramp at the NBA National Secretariat under Mr. Paul Usoro as the NBA president; the inclusion of lawyers with disabilities in every committee of the NBA and conditional waiver of NBA Annual General Conference fees for lawyers with disabilities under the administration Yakubu Maykyau.”
IAAP is a division of the Global Initiative for Inclusive ICTs (G3ict), which is an advocacy initiative launched in 2006 by the United Nations Global Alliance.
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The Minister for Works, Engr. David Umahi, has engaged six Senior Advocates of Nigeria (SANs) to defend him in a suit challenging his refusal to make public information and details of the N15 trillion budget allocated for construction of the controversial Lagos-Calabar Coastal Highway.
The senior lawyers representing Umahi include Mr. Abiodun Owonikoko SAN, Mr. Mahmud Mogaji SAN, Prof. J. Olatoke SAN, Mr. Yakubu Ruba SAN, Mr. Roy Nweze SAN, and Mr. Emmanuel Esene SAN.
The enlistment of the senior lawyers was disclosed in a Memorandum of Conditional Appearance filed before the Federal High Court in Lagos.
The legal action was instituted by human rights lawyer, Mr. Olukoya Ogungbeje, against Umahi and the Federal Government.
Ogungbeje is seeking a court order compelling the Federal Ministry of Works, Umahi, and the Federal Government to disclose details of the N15 trillion budget for the 700-kilometer coastal highway project.
Ogungbeje filed the suit under the Freedom of Information Act, following the failure of the Ministry and its officials to provide the requested information within the statutory time frame.
In his suit, Ogungbeje is seeking the following reliefs: A Declaration that the refusal or failure by the respondents to furnish information regarding the N15 trillion Lagos-Calabar Coastal Highway budget, despite receiving the applicant’s request dated April 7, 2024, constitutes a violation of the Freedom of Information Act.
An Order of Mandamus compelling the respondents to perform their official duty by providing the requested information concerning the project as per the applicant’s request dated April 12, 2024.
An Order of Mandamus compelling the respondents to provide the information immediately, through the applicant’s solicitors.
A Fine of N20 Million against Umahi for allegedly denying access to the requested information.
WITHIN NIGERIA reports that Justice Akintayo Aluko, in granting Ogungbeje’s ex-parte motion on June 7, 2024, permitted the applicant to seek judicial review. The court also granted leave to Ogungbeje to apply for a mandamus order compelling the respondents to disclose the details of the N15 trillion Lagos-Calabar project.
The hearing of the motion has been scheduled for January 27, 2025.
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The reputation of Rickey Tarfa & Co. as a breeding ground for ferocious litigators was rekindled recently as three of the law firm’s former Senior Associates were conferred with the coveted rank of Senior Advocate of Nigeria during the latest award exercise.
CITY LAWYER gathered that the achievement has thrown the entire law firm and its huge alumni community into frenzied celebration, with many adjudging the feat as unprecedented.
The awardees are Mr. Kola Olowookere SAN, Mr. Tochukwu P. Tochukwu SAN and Mr. Aondo Terkaa SAN.
CITY LAWYER also gathered that the trio worked in the Abuja Office of the leading litigation-centric law firm before joining its close-knit alumni community.
Aside from its founder, Mr. Rickey Tarfa SAN, who is adjudged as perhaps Nigeria’s foremost criminal defence lawyer, the law firm boasts of no less than seven current and former staff who have also been conferred with the rank of Senior Advocate of Nigeria.
These include the affable but now deceased former Head of Chambers and two-time Ogun State Commissioner, Mr. John Olusegun Odubela SAN; Mr. Olusegun Jolaawo, SAN; Mr. Andrew Malgwi, SAN; Mr. Mustapha Ibrahim, SAN; Mr. Kola Olowookere, SAN; Mr. Aondo Terkaa, SAN and Mr. Tochukwu P. Tochukwu, SAN.
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Fiery human rights and constitutional lawyer, Mr. Joe Nwokedi has said that Mr. Martins Otse, otherwise known as VeryDarkMan (VDM), overstepped the bounds of his fundamental right to freedom of expression as contained in Section 39 of the 1999 Constitution (as amended) by accusing Mr. Femi Falana, SAN of complicity in a bribery allegation involving controversial crossdresser Idris Okuneye, popularly known as Bobrisky.
Nwokedi stated that while especially Section 39 of the Constitution guarantees all Nigerian citizens the right to freedom of expression, “such rights are not absolute. These freedoms are subject to certain limitations, particularly those outlined in Sections 24, 25, and 26 of the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015, which regulate how these rights may be exercised.”
According to the vocal human rights activist, “these rights do not grant any citizen the unbridled liberty to speak recklessly, engage in character assassination, or make defamatory and disdainful statements intended to tarnish the reputation of individuals or groups. Such statements must be substantiated with adequate evidence or proof when challenged, especially in a court of law.
“Mr. Martins Otse (VDM), by making unverified allegations against Chief Femi Falana, SAN – a highly respected human rights activist and advocate for the people – demonstrated carelessness with words. This is particularly concerning given the gravity of making such accusations without proper verification. Unverified public statements can lead to litigation and are actionable under the law.
“In the case involving Mr. Otse, Chief Femi Falana, SAN, and his son, the accusations became the subject of legal proceedings. VDM faces the stiff burden of proving the authenticity and veracity of his claims regarding the alleged involvement of Chief Falana in issues concerning Bobrisky. His failure to substantiate these claims resulted in a judgment against him, awarding damages of Five Hundred Million Naira (₦500,000,000) for defamation. This sum now hangs over him unless the judgment is overturned on appeal, which is unlikely.”
Nwokedi advised social media enthusiasts and individuals seeking clout to exercise caution, as the fundamental right to free speech enshrined in the Constitution is not absolute.
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LAWYERS IN BUSINESS INSTITUTE MASS-HOUSING & LAND-BANKING SCHEME: Construction of Thirteen new Buildings for SANs, Judges, Lawyers and others commences in Abuja this weekend.
STOP PAYING RENT PLEASE! Bank your money in Abuja Land that adds value daily!
We will be on site daily till the end of October. Come see for yourself; either in person or by a proxy! Stop Procrastinating!
The 300 sqm plot can build you a 4 bedroom Fully Detached Duplex or One Bedroom flat downstairs and two bedroom flat Upstairs. You can rent all or live in one and rent the other.
Our FCDA APPROVED Estate is built-up; with about 36 families already moved in.
The 300sqm [Lotus] is N7,500,000.
10% Legal and Agency fee is N750,000 [not Negotiable]
Excavation and setting out charge is N1,750,000 [infrastructure excluded. To be agreed on]
Cost of building till DPC is N5,000,000
Total is N15,000,000 [Fifteen Million Naira]
50% Deposit is 7,500,000.
Balance N7,500,000
If paying in 2 years at 40% interest is N10,400,000
Divided by 24 is N433,335 monthly payment for two years.
DONT MISS OUT!
Our plots are in Shalom Villa Estate, at the boundary between Galadimawa and Lugbe Abuja.
Temporary entrance is through VON Estate/Trademoore Estate, Abuja.
Main entrance is through Bola Ahmed Tinubu Expressway; through that new bridge introduced between Area 3 Junction and Apo Bridge.
Under Abuja Masterplan, that Express road passes the Estate, all through to Abuja Centenary City. [Any Surveyor can verify this]
It is an investment that we wish everyone can grab!
Visit: Suite A8 Kenuj Mall, Behind Games Village, Abuja.
Silas E. Agbara, Esq [Senior Associate, M.I Dikko SAN & Associates/Director, Solar For All Ltd] Admin, LIBI.
Aare Isiaka Olagunju SAN [Past.General Secretary, NBA] President, LIBI.
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The Nigerian Bar Association (NBA) has said that it is committed to uphold the rule of law in the face of the crisis rocking the oil-rich Rivers State.
In an address presented on behalf of the Bar at the 2024 Legal Year hosted by the Rivers State Judiciary, the Chairman of Chairmen of NBA Branches in Rivers State, Mrs. Cordelia Eke urged political gladiators to note the critical place of the state in fostering the national economy.
Her words: “We call on the political actors and those fanning the embers of discord in our state to bear in mind that Rivers State holds the economy of the country in its soil, and whatever affects Rivers State affects Nigeria as a whole. Now is the time to speak up, now is the time to show courage, now is the time to stand and uphold the rule of law. The Bar in Rivers State has determined to play its role as can be seen from the Press statements and conferences held by the Chairmen of the eight branches of the NBA in the state and I so urge other stakeholders to do likewise. We will continue to do our part. Will you do yours?”
She commended the State Governor, Mr. Siminalayi Fubara for the calm manner he has guided the state, adding: “My lord, at this juncture, I would like to, on behalf of the Bar in Rivers State, again commend His Excellency, the Governor of Rivers State, our awarding winning Governor, and role model in Nigeria. His Excellency’s disposition to peace, progress, and development in the state in the face of constant provocation, has left many speechless and is now a reference point.”
Thanking the governor for his support to the branches during the recent Annual General Conference held in Lagos, she said: “Thank you, Your Excellency for giving Rivers people hope in a greater Rivers State, thank you for restoring pride and dignity to the Rivers person. Thank you for leading by example and most importantly, thank you for making Rivers state a reference point for elections without violence, despite lack of security personnel. And thank you for quelling the fires set by enemies of democracy with your disposition to peace.”
She however noted that “Many branches also have very old buses in various stages of disrepair, having served them for several years. Imagine for example Port Harcourt Branch with about 7,000 members, having only 1 functional bus presently. The branches would appreciate the further kind assistance of his Excellency with respect to our bar centres and branch buses.”
The Bar Leader decried late swearing-in of judicial officers, adding: “In the same vein, the Bar would like to appreciate His Excellency, the Governor for remedying one of such cases by swearing in the Hon. Justice D. J. Stevens after several years of being in limbo. We also thank your Excellency for restoring the dignity of the Magistrates affected by the unfortunate executive action. We however also appeal to the State Government to compensate the judicial officers who have been similarly effected in the recent past, whether retired or serving, for the loss of income within the period they were kept inactive, awaiting swearing-in, as they may well have incurred debts in a bid to sustain themselves and family. We know our Governor is a kind hearted man and fair minded man and always feels the pulse of his people.”
She also decried the plight of lawyers employed in the public service, both in the judiciary and the Ministry of Justice. She said: “Incidentally, the Law Officers in the Ministry of Justice and Magistrates are on a uniform employment and salary scale. By virtue of the JUDICIAL AND LAW OFFICERS (MISCELLANEOUS PROVISIONS) LAW, CAP 72, VOL.4, LAWS OF RIVERS STATE 1999, their entitlements and benefits are statutorily guaranteed. However, our colleagues in these offices have cried out that the said allowances and grants have remained unpaid by Government for several years now, especially the car grants and robing allowances. It is indeed pathetic to see these government lawyers and Magistrates who handle sensitive cases jumping buses and sometimes residing in unsecure environments. This exposes them to security risks and attacks from unscrupulous members of the public against whom they may have taken a position in a case. The car grant was last paid to Law Officers in 2008, while the robing allowance has remained unpaid for the past five years. For the Magistrates, it may be recalled that the last Government administration promised them their own residential quarters or grants similar to what is was graciously made available to the Judges. However, this is yet to materialize and many of them have to look over their shoulders while carrying out their duties, some retiring to reside in the same environment as those convicted during their career. It must be acknowledged that the present Government has been alive to its role with respect to newly appointed Magistrates, but we do appeal that the older Magistrates should not be left out as they have borne the burden of cases at the lower court for years and should have something to look forward to upon retirement. We also make the same appeal for the newly appointed Customary Court Chairmen, yet to be given their vehicles.”
She bemoaned a situation where senior lawyers in the civil service are posted to Agric farms as punitive measures, saying that “This is very demeaning for a lawyer and also a loss of much needed manpower and legal expertise, and should be discouraged. Also unfair is a situation where hardworking lawyers in public service are denied promotions or benefits due them because of political reasons. Politicization of professional duties leads to promotion of mediocrity and incompetence.”
According to the senior lawyer, the deplorable state of the courts in the state could no longer be condoned. Her words: “In closing My lord, I cannot fail to mention that lawyers ply their trade in courtrooms across the state, but sadly, the deplorable condition of the courts in judicial divisions outside Port Harcourt have made it difficult for any legal business to be transacted therein. To mention but a few cases, it is gathered that in Okehi, reptiles now preside in the courtrooms, and in Ahoada, the court sits in the near dark with no light for 3 years. Some courts are also grossly understaffed and lacking security, with unkept environment. Many of the courts now sit in Port Harcourt, invariably defeating the purpose of establishing courts in such localities, and making it difficult for clients therein to pay for legal services, thus hampering access to justice. It is our fervent prayer and hope that these issues will be addressed this legal year to ensure that legal practice once more flourishes in other jurisdictions.”
She urged all stakeholders to ensure the upholding of the rule of law in order to prevent the state from descending into the Hobbesian state of nature where life is nasty, brutish and short, adding that “It starts with allowing ourselves to be used to subvert the course of justice, and corrupt the judicial system.”
In concluding, she said: “However, this is not a time for a blame game because we are all equally responsible for a deteriorating legal system; the lawyers, judicial officers, politicians, traditional rulers, elder statesmen and support staff in the legal profession. We are responsible when we hide casefiles, abuse court process, write wrong legal opinions, give judgements that even our conscience knows is wrong; when we tell untruths or half-truths, keep silent and fail to condemn evil when we should.”
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Member, Governing Council of Janada International Centre for Arbitration and Mediation (JICAM);
Professor of Commercial Law, Veritas University;
Member, Permanent Court of Arbitration, The Hague, Netherlands
Meet our Discussants:
Dr. Chikwendu Madumere, Ph.D (Dundee), FCIArb (UK), C.Arb, Trustee (representing Nigeria) at the Chartered Institute of Arbitratiors (UK); Member, ICC Arbitration Commission on Arbitration and ADR
Mrs Adedoyin Rhodes-Vivour, SAN, C.Arb, CEDR (UK) Accredited Mediator, Past Chairman, Chartered Institute of Arbitration (Nig); Managing Partner, Doyin Rhodes-Vivour & Co
Mr. Oyetola Muyiwa Atoyebi, SAN, FCIArb. (UK); Managing Partner of O. M. Atoyebi (SAN) & Partners
Mr. Madu Joe-Kyari Gadzama, LL.M, MCIArb, Member, Lincoln’s Inn; Past Assistant General Secretary CIArb, Abuja Branch
Without a doubt, the Annual Public Lecture promises to be an enlightening and engaging one, as the event will feature a great line-up of speakers who are seasoned experts in the fields of international law, litigation and arbitration.
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STEP-BY-STEP GUIDE TO APPLYING FOR NBA STAMP ONLINE:
Dear Colleagues, Below is the step by step process for the application for stamp and seal;
Log in: Visit https://portal.nigerianbar.org.ng and log in to your personal portal.
Navigate to Payment: On the left-hand side of your dashboard, click on the “Payment” option.
Select Stamp & Seal: When the “Stamp & Seal” option appears, click on it.
Choose Number of Packs: Indicate the number of stamp packs you wish to order.
Select Category: Choose either “Public” or “Private,” depending on your area of practice.
Upload Branch Dues Receipt: Upload a copy of your proof of payment for branch dues. (Note: Only your branch dues receipt is required.)
Proceed to Payment: Complete the payment for the stamp and seal.
Confirmation: Once payment is made, the system will display “Application Complete,” and your application status will be updated to “Pending Review.”
Important Notes:
All applications will undergo a review before final approval.
If the branch dues receipt is incorrectly uploaded, your application will be rejected, and you will receive an email requesting a re-upload. To re-upload your branch dues receipt, go to the ‘Stamp Application’ tab in your portal and click on the ‘Upload document’ button.
Upon successful application, you will receive a message that “your stamp application has been approved. You shall be duly notified by your branch as soon as it is delivered.”
For further enquiries, contact NBA Bar Services via email at barservices@nigerianbar.org.ng
Thank you for your cooperation.
Dr. Mobolaji Ojibara General Secretary
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The South-East Protection and Restoration Organization (SEPRO) has warned the Federal Government to desist from alleged plan to establish a refugee camp in the South-East, specifically in Imo State.
In a statement made available to CITY LAWYER and signed by its Co-ordinator, Mr. Joe Nwokedi, the rights group warned that “This move, if pursued, would constitute a grave injustice to the region, and any attempt to implement such a plan will be vigorously, rigorously, and maximally resisted, both legally and by any other legitimate means available.”
The group noted that “The deliberate imposition of a potentially destabilizing project on a region already grappling with insecurity is a breach of this duty and a derogation of constitutional principles,” and warned that “We are fully prepared to challenge this plan in court, and should it provoke unlawful resistance by other means, the government will be held fully accountable for any resulting chaos.”
Below is the full text of the statement.
ANY ATTEMPT TO CREATE A REFUGEE CAMP IN THE LANDLOCKED REGION OF THE SOUTH-EAST WILL BE MAXIMALLY RESISTED LEGALLY AND OTHERWISE – SEPRO Reports are rife, with a preponderance of near certainty, that the Federal Government, led by the All Progressives Congress (APC), in cahoots with the controversial Governor of Imo State, Senator Hope Uzodinma, of the same party, is perfecting plans to establish a refugee camp in the landlocked and small landmass of the South-East of Nigeria, specifically in Imo State. This move, if pursued, would constitute a grave injustice to the region, and any attempt to implement such a plan will be vigorously, rigorously, and maximally resisted, both legally and by any other legitimate means available. The South-East Protection and Restoration Organization (SEPRO), led by renowned Human Rights and Constitutional Lawyer Mr. Joe Nwokedi, have been made aware of this scheme, and we unequivocally condemn this ill-conceived and dangerous plan. The South-East region has historically suffered marginalization in the distribution of national resources, and the proposed refugee camp further exacerbates this trend, raising significant legal and security concerns. We reject this project in its entirety and will explore every available legal avenue to resist its imposition.
OUR LEGAL CONCERNS REGARDING THE PROPOSAL
Violation of the Right to Equity and Fairness: The Nigerian Constitution, specifically under Section 14(3) of the 1999 Constitution (as amended), mandates that the composition of the Government and the distribution of resources must reflect the federal character of Nigeria, and no group, zone, or state should be marginalized in the scheme of national affairs. The South-East already holds the unenviable position of having the smallest landmass among the six geopolitical zones in the country.
While other zones such as the North, with much larger and more expansive land areas, remain underutilized for national projects, this sudden focus on the South-East for a refugee camp reeks of ulterior motives. By attempting to impose such a massive and invasive project on this densely populated region, the Federal Government is violating the principle of equity and fairness enshrined in the Constitution. The Federal Character Principle mandates that national initiatives must consider regional disparities in order to prevent overburdening any one region.
Security Implications and Protection of Life and Property: The right to life and security of property, as enshrined under Section 33 and Section 43 of the Constitution, are fundamental rights that the government is constitutionally bound to protect. The establishment of a refugee camp in the South-East, a region already grappling with significant security challenges, has the potential to aggravate insecurity.
Historically, refugee camps, when not properly managed, can become hubs for criminal activities, creating law enforcement challenges that undermine peace in host communities. Considering the existing insecurities in the South-East—ranging from violent clashes to insurgent activities—it is inconceivable that the government would further exacerbate these issues by creating a refugee camp in the region. We contend that this constitutes a dereliction of the State’s duty to secure the lives and properties of its citizens, as guaranteed by the Constitution.
Disproportionate Allocation of National Projects: It is alarming that the South-East is often overlooked when it comes to the siting of lucrative and developmental government projects. For instance, critical infrastructure like railways, federal highways, government institutions, and industries are rarely allocated to the region. The deliberate exclusion of the South-East from these developmental initiatives, while imposing a potentially detrimental project like a refugee camp, highlights a gross imbalance in the allocation of national projects.
The Constitution of the Federal Republic of Nigeria (1999, as amended) guarantees equal opportunities for all citizens and regions. It is therefore unconstitutional and unfair to continuously bypass the South-East for positive developmental projects while forcing projects that could worsen its socioeconomic and security situation. The government’s selective allocation of projects is tantamount to economic sabotage and constitutes a violation of the principles of social justice, as outlined in Section 17 of the Constitution.
ALTERNATIVE LOCATIONS AND CONSIDERATION OF LARGER STATES
The Northern region of Nigeria, which includes states like Kogi, Niger, Katsina, and others, possesses far more expansive landmasses than the South-East. The argument for citing the refugee camp in the South-East is further weakened by the availability of larger, more suitable land areas in other parts of the country that can accommodate such projects without infringing on the rights or safety of local populations.
Furthermore, several states in the North have traditionally hosted refugee camps and internally displaced persons (IDP) centres. These areas are better equipped to handle such influxes, given their larger landmass and existing infrastructure. We argue that the doctrine of proportionality must be applied in this situation: the government should allocate projects based on a fair consideration of available resources and space, as well as the potential impact on the local population.
A CALL FOR JUSTICE AND LEGAL RESISTANCE
We, in the South-East Protection and Restoration Organization (SEPRO), hereby serve notice to the Federal Government and all parties involved in this sinister agenda that any attempt to impose a refugee camp in the South-East will be resisted to the fullest extent of the law. If this project is pursued, it will face maximum legal resistance within the framework of Nigerian and international law.
The government must be reminded that it holds a fiduciary duty to act in the best interest of all its citizens, regardless of regional affiliations. The deliberate imposition of a potentially destabilizing project on a region already grappling with insecurity is a breach of this duty and a derogation of constitutional principles. We are fully prepared to challenge this plan in court, and should it provoke unlawful resistance by other means, the government will be held fully accountable for any resulting chaos.
We call upon the well-meaning people of Nigeria, both within and outside the South-East, to stand in solidarity with us in rejecting this malevolent scheme. The South-East deserves meaningful development and infrastructure, not further insecurity under the guise of humanitarian projects.
SIGNED,
Joe Nwokedi Esq. Coordinator, SEPRO
Stella John Secretary, SEPRO
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Fiery human rights activist, Mr. Monday Onyekachi Ubani SAN was recently elevated to the coveted rank of Senior Advocate of Nigeria.
The popular human rights lawyer literally shut down Abuja, the Federal Capital Territory (FCT) following a post-preferment luncheon held at the prestigious JD Events Centre, Wuse 2, Abuja.
CITY LAWYER gathered that the event also marked the 60th birthday anniversary of the senior lawyer as well as the launch of his book, MOU: The story of legal and human rights activism.
Among the dignitaries who came to honour the activist were Senate President Godswill Akpabio; Abia State Governor, Dr. Alex Otti; Deputy Speaker of the House of Representatives, Chief Benjamin Kalu; EFCC Chairman, Mr. Ola Olukoyede; Chairman of the Body of Benchers, Chief Adegboyega Awomolo SAN; Abia State Attorney General & Commissioner for Justice, Mr. Ikechukwu Uwanna, and leading Nollywood actor and lawyer, Mr. Kenneth Okonkwo, to name a few.
Below are some faces at the luncheon.
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J-K Gadzama LLP set to host the 9th Edition of its Hon. Justice Chukwudifu Oputa JSC, (Rtd) Professional Training and Mentorship Programme for Young Lawyers.
The 9th edition of the J-K Gadzama LLP Hon. Justice Chukwudifu Oputa JSC, (Rtd) Professional Training and Mentorship Programme for Young Lawyers is scheduled to take place from Friday, November 22nd 2024 to Sunday, November 24, 2024.
This year’s theme is ‘Beyond the court room: Navigating your Success and innovation in law’
The programme which is free for lawyers 0-10 years post call promises to be enlightening and engaging as it will feature a great line-up of speakers who are seasoned experts in various areas of law
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The Institute of Alternative Dispute Resolution Development and Conflict Management of Nigeria Ltd/Gte (i-ADRNigeria) has been established.
According to a statement made available to CITY LAWYER and signed by the institute’s Registrar & Chief Executive Officer, Mrs. Chinyere Onuorah, “The institute will teach the procedure and skills of resolving all forms of disputes with the use of Alternative Dispute Resolution Mechanisms – Negotiation, Mediation, Arbitration, and other hybrid methods.”
The President and Chairman of Council of the institute is renowned jurist and former Dean of Faculty of Law, University of Lagos, Prof. Akin Ibidapo-Obe.
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The Intellectual Property Institute Nigeria (IPIN) is excited to announce its final Certification Cohort for 2024, offering professionals a unique opportunity to advance their expertise in intellectual property (IP) law and join a global community of IP specialists.
These certifications provide specialized training in various fields of IP, catering to individuals looking to enhance their careers and stay ahead in an evolving industry. The upcoming cohort schedule includes:
Chartered Patents and Designs Attorney Certification: October 29-30, 2024 Chartered Trademark Attorney Certification: October 31 – November 1, 2024 Chartered Copyright Attorney Certification: November 4-5, 2024 Chartered IP Mediation Certification: November 6-7, 2024
This final cohort for 2024 offers limited spots, making it the last chance this year to engage and connect with a global network of professionals.
For more information or to secure your place, contact IPIN at 09086576262 or email certifications@ipinstitute.org.ng
Take your career to the next level — The future starts now!
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The Body of Senior Advocates of Nigeria (BOSAN) has announced the passing of its members and former Cross River State Attorney-General & Commissioner for Justice, Mr. Tanko Tanko Ashang, SAN.
CITY LAWYER gathered that Ashang died last Tuesday in Abuja. He was a staff of the Federal Ministry of Justice where he ascended to the role of Director.
Below is the full text of the notice signed by BOSAN’s Secretary, Mr. Olumide Sofowora SAN.
NOTICE OF THE PASSING OF MR. TANKO TANKO ASHANG, SAN
It is with profound sorrow and heartfelt regret that we announce the passing of Mr. Tanko Tanko Ashang, SAN, who departed from this world on the 8th of October, 2024, in Abuja.
Mr. Tanko Tanko Ashang, SAN was called to the Bar in 1993 and was conferred with the prestigious rank of Senior Advocate of Nigeria on September 29, 2022.
A native of Busi in the Obanliku Local Government Area of Cross River State, Mr. Ashang, SAN was also the son of the late Paramount Ruler of Obanliku, Uchua Moses Ashang.
He served as the Attorney General and Commissioner for Justice for Cross River State from 2019 to 2023. Prior to his tenure as Attorney General of Cross River State, Mr. Tanko Ashang, SAN was engaged in legal practice with the Federal Ministry of Justice, where he ascended to the role of Director. Throughout his illustrious career in the Federal Ministry of Justice, Mr. Tanko Ashang, SAN held various esteemed positions, including but not limited to:
Legal Adviser, National Lottery Regulatory Commission, 2019.
Head, Central Authority Unit, 2016-2019.
Deputy Director, Civil Litigation, 2015-2016.
Legal Adviser, Office of the Secretary to the Government of the Federation, 2013-2014.
Legal Adviser, National Emergency Management Agency, 2007-2013.
Assistant Legal Adviser, Federal Inland Revenue Services, 2005-2007.
Legal Assistant to the Attorney General of the Federation, 1998-1999.
Public Prosecutor, 1996-1998.
Principal Counsel, Templice Chambers, 1995-1996.
Special Assistant to the Deputy Chairman, 1995.
Mr. Tanko Tanko Ashang, SAN, is survived by his wife and children.
In this time of profound grief, we extend our deepest condolences to his family and loved ones. We offer fervent prayers for the solace and eternal peace of Tanko Tanko Ashang, SAN, along with our departed colleagues. Amen.
Further details regarding the funeral arrangements will be communicated promptly upon receipt of information from his family.
Signed:
Mr. Olumide Sofowora, SAN Secretary
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A Senior Advocate of Nigeria (SAN), Chief Yomi Alliyu, has frowned at the condemnation of judges of the Federal High Court on the Rivers State crisis.
The senior advocate in a statement in Ibadan blasted those behind the “press conference in Abuja along with the emergency NGOs to condemn the judges,” adding that “Judgments of courts must be read before passing comments”.
Alliyu stated that “It is unfair for APP who made press conference in Abuja along with the emergency NGOs to condemn Justices Tsoho (the CJ); Lifu and Omotoso of the Federal High Court for deciding cases on the basis of the evidence before them simply because the judgment was in conflict with that of Rivers State High Court!
“The reputation of these FHC judges go before them as incorruptible, apolitical, impartial and very thorough in their decisions contrary to assertions and innuendoes of these politicians at the said press conference.”
Alliyu added that “It is on record that almost 99% of the previous decisions of these noble judges in complex cases were upheld by appellate courts. It is calling a dog a bad name to hang it to say that their decisions were against the Supreme Court Judgment on the autonomy of local governments in Nigeria.
“This is nothing other than appeal to sympathy! The Supreme Court never held that elections to LGs should be held in violation of extant laws of the land. Rational people should understand why a State High Court decision will favour the State Government and be in conflict with that of the FHC. May be the problem is Wike being a Minister too!”.
The senior lawyer stressed that “The worst scenario is the NBA taking position that apparently condemned FHC judges who are incapacitated in defending themselves. They can only be seen and not heard!
“The Police can, also, in no way be condemned as long as they have a judgment supporting their stand. However, they have an innate power to maintain law and order in Rivers State. The actors are to ensure that there is peace on Saturday to prevent police from using force in maintaining peace in Rivers State by use of reasonable force!”
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The Lagos State Environmental/Security Taskforce, in a swift night operation, seized the number plates of 28 vehicles illegally parked in front of Cubana Night Club, GRA Ikeja.
The operation, which took place around 1.00 a.m., targeted vehicles obstructing traffic flow along Sobo Arobiodu Road.
According to Tokunbo Wahab, Commissioner for the Environment, the taskforce carried out the enforcement to ensure compliance with traffic regulations and maintain order on Lagos roads.
He said the owners of the confiscated vehicles are expected to be charged to court for violating Lagos State traffic laws.
The action is part of the government’s ongoing “#ZeroToleranceLagos” initiative aimed at enforcing traffic rules and promoting security across the state.
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The first time GTB announced N1 Billion profits, I was still working as an investment banker at Investment One Financials.
I remember that milestone very well.
The stockbrokers bounded into the office from the floor of the stock exchange and announced it and the buy mandates went into frenzy.
The research team had already made the predictions but its actual happening was historic.
Today, they hit another milestone being the first bank to hit the N1trillion mark but this time the announcement threw them into a turbulence of doubts, raised eyebrows and cynicism.
Immediately, a volley of unsubstantiated allegations began to appear in the gutter blogs with comments that a few hold but remain far afraid to throw out.
Now let’s focus on the N1trillion profit. But first let me confess, I have not seen the financials and as such cannot speak in detail about its mechanics.
But over the top, let me say that in such a depressed economy with floundering GDP, losses and shutdowns by major players, inflation galloping, depressed purchasing powers, this kind of result will be very hard to swallow and yes will throw up a major push back.
Now GTB is not the only one in this situation as UBA has just announced its own and I am sure my people at Access will soon follow suit, so it’s a systemic issue.
Now, let me also state again that in a ‘paddy paddy’ regulatory environment like this and in an economy like this, margins are crazy so a serious operator like the banks would spot opportunities and grab them very quickly.
This is what they call distress investing and our economy is rife for it and that is why you see Indians, Chinese and Russians rush in because of the weak integrity ratios and below par institutional corporate governance.
So GTB made a tactical error arresting and taking to court, bloggers who although were irresponsible in their actions were still giving GTB an opportunity to better explain in layman’s terms their results.
A Bank with a huge retail customer base especially one with a strong play in the tech driven retail market should never go to war with media, talk less of bloggers who will better engage the digital community than whatever GTB will throw at them.
It’s like going to war with a swarm of bees, how do you contain?
For me that was a knee jerk reaction showing panic and being jittery. They should have ridden it through, and it would have gone away.
So GTB made a tactical error arresting and taking to court, bloggers who although were irresponsible in their actions were still giving GTB an opportunity to better explain in layman’s terms their results.
GTB is such a strong brand that the market gives it the benefit of the doubt, so they should have fallen on their immense goodwill to ignore those miscreants.
But that action threw skepticism into the market, making people wonder why Opay has been the butt of even more vicious internet attacks but to the best of my knowledge, I don’t think anybody has been remanded by them.
Tolerance, strategy and pristine engagement are the key words.
Now, last night a vicious attack was launched not only on GTB but on its very powerful MD who I didn’t know until yesterday, his other name was Julius.
As I watched the video, I quickly noticed something; Major Mainstream media from NTA to Arise TV and all judging from their microphones were in attendance but as at the time of my writing, I have not seen a major coverage on any of these mainstream media so the promoters went on YouTube which had hit over 10,000 views by the time I was watching.
What these tells me is that the PR team at GTB are doing a beautiful job, holding this down and for that I say well-done guys.
Now to the content of the attack? What I saw was a personal vendetta against Julius by this person and in Shomolu parlance we will ask – ‘Segun, you thief him wife?’
As I watched, I could see pure hatred and a need to take Segun down as a person and for me, he lost me there.
This was personal masked under other saintly reasons.
Asking for his arrest, suspension and all, for me watered down his submission which in effect were just a rehash of events and occurrences that were already in the public space and have already been reported by GTB to its stakeholders.
Even though according to his vituperations which I confirmed by quick research, GTB paying almost 10% of all fines charged in the UK for the year mentioned was just a little bit much for me to swallow.
I would also say that fines are part of banking, and no serious player globally has gone without being fined at one time or the other
So, for that point, oga missed it. So, if you remove the fines from his allegations, he is left naked with his personal vendetta because there is truly nothing else there.
All that talk of terrorism funding, money laundry is just throwing everything plus the kitchen sink at Julius out of frustration and that is imbecilic if you ask me.
He has called for all the authorities in the world including the Israeli intelligence community to come and investigate GTB and has also called for the immediate close down of all GTB operations outside of Nigeria with immediate effect, another imbecilic and frustrated move.
This is also reckless and irresponsible to say the least.
GTB is such an important global player and as such we must be very careful as to how we engage it in things like this.
If this thoughtless push is not nipped now, it would have very serious implications on the banking system in Nigeria and by extension the economy because of the key strategic importance of GTB.
I do not support the call, I do not support the press conference, I think its an irresponsible move aimed at blackmail and as such should be ignored by all right-thinking people.
But that said, GTB and its regulators must hereby start fighting back for its integrity not by arrest and remanding in prison but by transparently engaging the markets and explaining point by point each of these allegations.
I will restrain myself from giving them my full endorsement for now, but let me say this at this point, I think GTB is suffering from its pioneering status in the area of its profitability, its size and the role it is playing in the system.
I think it stand out performance and phenomenal growth as expectedly hit on some raw nerves hence all these crises.
From the Innoson imbroglio, to its in-house internet leaks, to this, GTB continues to suffer pioneer risks.
It must then begin to deploy more strategic re-engagement with the markets and its image
Firstly, Julius must now begin to be more people oriented. His image as an aloof and seemingly arrogant personality just may be contributing to this problem
Segun must realize that playing at the level he is playing, there are different societal expectations away from the ‘powerman’ visage that we are seeing.
He must be relatable, affable and show a lot of empathy in business and in relations .
Too many people have cried out of transactions with GTB. Its not everything you win. Some you let go. Wipe off some debts especially the little ones or the ones that have come from job loss, deaths and the rest.
With N1trillion profit, you can do that. A more humane GTB is a very strong buffer against all of these.
Finally, I stand very strongly with GTB for NOW because I do not really see any depth just yet with these allegations and until then, let Julius rest abeg.
Thank you.
Joseph Edgar, also known as The Duke of Shomolu, is an expert investment banker with over 30 years of cognate experience, specializing in strategy and business development. He is a seasoned stockbroker who has traded on the floor of the Lagos Stock Exchange, now known as the NGX.
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There is no hiding place for Nigerians as they grapple with different difficult circumstances of everyday subsistence. Frustration and despair intrude into Nigeria’s daily survival procedure unhindered. It seems alien creatures have descended from Jupiter, aiding various elementals to trammel Nigerians, ensuring their consistent anguish. The banks are the latest nemesis of the people. Although some Nigerian banks and their staff have, over the years, conspired to inflict pain and hardship on Nigerians, these conditions are either muffled or not given the necessary publicity they deserve for reasons I cannot immediately decipher. But the problem has always been there ranging from missing funds, bank account hacking, incessant deductions, failed transactions, and all kinds of criminal complicities.
Indeed, the toiling masses in Nigeria are the victims of the excessive grandeur of a coercive political order whose benighted policies are diffused through the pores of capitalist institutions. However, Nigerians, as always and at all times, swallow these situations, wipe their faces, and move on while the socially prostrate conditions subsist. When Nigerians complain, it is always feeble on social media. The government looks away and the people continue to suffer. The criminal tendencies of some Nigerian banks have reached a painful crescendo and must be challenged by Nigerians. Many Nigerians know the culpable banks but they will never speak up even though they have evidence of their criminal indulgences. (According to the late Afrobeat legend Fela, my people self de fear too much…) Thus, Nigerians continue to wallow in mute hypnosis over diverse existential unease in their country.
Different banks in the country surreptitiously deduct various amounts of money from people’s bank accounts without explanations. They justify this criminal behaviour with inexplicable, unjustifiable nomenclature and clauses which the common man cannot comprehend. And because the amounts are always small, people ignore them and move on. When a bank deducts a hundred naira from one million bank accounts, it amounts to a lot of money. This happens especially on weekends when people cannot go to banks to complain. Of course, it is improbable that anyone will visit a bank to complain about the deduction of a hundred or two hundred naira. Banks should publish their range of deductions inside banking halls for the customers to see and become aware of these realities.
Everyone is familiar with the immediate deduction that follows a transfer (Commission On Transfer) but the other deductions done mostly at night are shrouded in mystery. How much does a bank deduct from an individual or corporate bank account every day, week, or month? The customer deserves to know. Due to these criminal tendencies of traditional banks, millions of people are patronizing online banking applications at the risk of losing their funds because some of these online banks have no identifiable physical addresses. Yet, people prefer them. They are more customer-friendly, more efficient, and do not deduct funds from customers’ accounts arbitrarily.
Last year, during the Buhari/Emefiele change of currency debacle, Nigerians saw hell in the hands of their various banks. The banks became business centres for all kinds of criminal attitudes. The racketeering was nauseating. The banking criminal syndicates flourished. Bank managers and other officers sold currencies openly and shamelessly. While Nigerians scrabbled for the new currency notes, buying them at exorbitant prices where they were available, banks sold them to POS operators and to socialites who spread the new currencies at social functions. In the scrabble for the new currency, many Nigerians lost their lives while bank officials smiled home. There were reports and video evidence showing how bank managers hoarded the new currency while thousands of their customers struggled at the gates of the banks. These people are simply wicked. A cousin of mine bought one million naira for one million two hundred thousand naira. I am sure many Nigerians have different violating stories and experiences to recount about that ugly period in our history. A friend told me how his bank manager’s brother-in-law bought a house during that period from the criminal proceeds of new currency racketeering. In the end, except for Emefiele, no one was arrested. No one faced the law. Nigerians moved on as always.
Recently, some banks in Nigeria have thrown their customers into confusion with the failure of their connectivity. Although these banks announced that they would embark on a three-day system upgrade, the problem has persisted for over a week. Until now, customers have been stranded and their funds held up in these banks. Last week which marked the end of September, many companies and establishments could not successfully pay salaries because these banks are still upgrading their systems. There is nothing wrong with a bank upgrading its systems. It happens all over the world. However, it becomes a problem when the exercise exceeds the normal time announced by the banks. During this period, Nigerians have suffered a lot. Accounts are debited without cash and mobile bank applications are not working. It becomes more annoying because these banks pride themselves as the best in the land and embark on expensive advertorials that mislead people with enticing jargon to bank with them. As I write this piece, millions of failed transactions are yet to be reversed. In most cases, the held up funds are the customer’s last money and in that case, the customer goes home crying. It is a shame.
Talking about failed transactions, I once used my bank’s card on another bank’s ATM. I was debited but was not paid. I have practically done everything under the sun but failed to recover the money. I went to the branch of the bank where I used the ATM. They confirmed that I was debited but was not paid, then referred me to the bank where my account is domiciled. I went there, wrote letters, and met officials who in turn made calls to their head office. All my efforts amounted to nothing. I gave up.
My story captures the experiences of many Nigerians who are victims of failed transactions without reversals. When people consider the time and effort involved in following up on these issues, they give up and the money is stolen. The bank officials do not co-operate with customers facing these challenges. Sometimes the officials are rude and answer in an off-handed manner that leaves the customer frustrated. ATM issues are the worst. Nigerian banks should ensure effective upgrades of their system connectivity to save Nigerians from failed transactions without reversals. It is galling to pass through the eye of a needle to make money in Nigeria only for the money to get trapped in the bank.
The Central Bank of Nigeria (CBN), the apex regulatory body, has a responsibility to educate customers on their rights, ensuring that Nigerians hold their banks accountable. Lacerated by a supine government’s economic policies, Nigerians do not have the mental strength to deal with banking issues where their funds are held up. That could precipitate a mass uprising with tragic consequences.
Challenges in the Nigerian banking sector advance the perennial dialectics of the rich and poor social stratification. While the poor grapple with these issues, people of means, the rich and wealthy walk into any bank and have their needs attended to without delay. I once went to use a bank’s ATM, but it was not dispensing cash. We were all advised to go into the banking hall to withdraw from the counter. The lady over the counter quietly informed everyone that they did not have enough cash to pay anyone more than N20,000. While we all queued up, a man walked into the bank, jumped the queue, and stood in front of everyone. The bank staff all fell over one another to attend to him. I watched him closely, seething with rage. Then, he handed over a cheque, and pronto, they delivered two big packets of mint currency to him, in millions. I immediately protested, causing a scene inside the bank. Quietly, the manager came out, beckoned me and paid the amount I needed. That is the kind of perverse, double standard existing in our banks. While the man of means has his way in the banks, the uncelebrated hustler suffers to have access to his funds. While ordinary people queue up and obey instructions in banks, the man of means does not queue up. He pays his way and is given special treatment. Indeed, the Orwellian maxim “all animals are equal but some are more equal than others” will eternally guide our appraisal of social relations.
Nigerian banks, especially the ones that love to call themselves ‘big banks’ should wake up to their responsibilities and serve Nigerians well. Millions of Nigerians have not received salaries due to the failures of our banks. Bank managements have a responsibility to ensure that their staff are dedicated to the customers because every customer is important. I am sure many other abhorrent conditions exist in our banks which I have not mentioned but Nigerians know them. The Central Bank of Nigeria (CBN), the apex regulatory body, has a responsibility to educate customers on their rights, ensuring that Nigerians hold their banks accountable. Lacerated by a supine government’s economic policies, Nigerians do not have the mental strength to deal with banking issues where their funds are held up. That could precipitate a mass uprising with tragic consequences.
Last week, some banks had to close early for fear of attacks by their customers. Amid all the malaise highlighted above, some banks through their various media handles still insist that they have the best customer relations approach. Such self-destructive logic will ultimately initiate a process of social backwardness where people will be forced to act in depraved ways. All the banks in Nigeria, arise and serve Nigerians better. Cut off all the criminal tendencies and rededicate yourselves to the people. Nigerians may not be patient for too long. Will the impending uprising in Nigeria start from the banks? Time will tell.
Promise Adiele PhD, teaches at the Mountain Top University and can be reached via promee01@yahoo.com; X: @drpee4
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Operation Whirl Stroke, a Joint Military Operation (JMO), rescued eight people from kidnappers operating along the Taraba-Benue border between Wukari and Zakibiam in the Ukum local government area of Benue state.
The troops paraded the rescued victims in front of select media houses at their military base camp in Zabibiam, Ukum local government area over the weekend.
The rescued individuals include an NYSC member and a lawyer who had been abducted for over a month and were held by their abductors while their families negotiated for ransom.
CITY LAWYER gathered that Rabiu Muhammad, who came to pay ransom for his cousin Ibrahim Umar, was also abducted after the ransom was collected from him.
A military officer from the 401 Special Forces Brigade/Sector One of the Operation Whirl Stroke team, who requested anonymity because he was not allowed to speak with the press, stated that the rescued individuals are Samuel Muekera (29 years old), Mr. Anaelechi Bob (32 years old), Ayuba Luka (28 years old), Ibrahim Umar (30 years old), Rabiu Muhammad (48 years old), Buhari Ahmadu Saleh (17 years old), and Blessing Ayuba (47 years old).
The officer mentioned that the 7 rescued victims were kidnapped at different times and dates while driving on the Zaki-Biam Wukari road in different vehicles.
The military troops reported that the bandits terrorizing the residents of Ukum, Katsina, and the Sankera Local Government Areas are remnants of the late criminal gang leader known as Terwase Agwaza, also called Gana.
Some of the victims who spoke to The Nation said they were kidnapped while travelling along the Zakibiam-Wukari road and remained in the kidnappers’ den for more than one month before the military came to their rescue.
They said bandits operating in settlements like Chito, Tse Anaka, and Pevikya have made kidnapping a means of livelihood, leading to an increase in criminal activities in these areas.
It was also gathered that Blessing Ayuba, who came to pay ransom for her kidnapped brother, Tanko Ayuba, was also turned into a victim.
Troops of Operation Whirl Stroke, a military joint operation, are in Benue, Taraba, and Nassawa states, addressing security challenges. Over 20 million naira was collected as ransom from the families of those rescued.
Credit: THE NATION
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The Special Assistant on Forestry (Central Senatorial District) to Governor Lucky Aiyedatiwa, Mr. Adeboye Taofiq Ewenla, has been sacked for allegedly demanding N30m bribe from timber merchants.
Ewenla was reportedly caught on tape demanding the money before the Ondo timber merchants be allowed to operate.
Government sources said the telephone conversation was sent to Governor Aiyedatiwa after the merchants opted for a showdown.
In the conversation with a timber merchant, the source said Ewenla was heard telling the traders not to begin any operation in forest without paying the money.
A statement by Chief Press Secretary to Aiyedatiwa, Ebenezer Adeniyan, said the sack followed allegations of bribery and intimidation levelled against Ewenla by some timber merchants in the State.
The statement said Governor Aiyedatiwa has ordered a probe into the activities of those saddled with the responsibility of managing forest reserves in the state.
“A replacement for Mr. Ewenla will be announced in due course.
“The Governor urged all political appointees to conduct themselves in line with the provisions of the law and rules guiding their duties,” the statement reads in parts.
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Peace is not just the absence of war, but the presence of justice
Forget about the Administration of Criminal Justice Act and the Administration of Criminal Justice Law of States. There is a lot of injustice being perpetrated in the Nigeria Criminal Justice System. As a matter of fact, injustice is a huge industry on which corrupt investigators and corrupt prosecutors thrive.
Do you know that an investigator in Nigeria can invite you to the Police Station and within 24 hours you will be remanded in prison custody – just like that? There is no rule that guides the remand. Once the process starts, the focus – for some and not all – involved is how you will get to prison. It surprises me how it is easy to remand Nigerians in prison and how Nigerians like seeing their brothers and sisters in prison.
The other day, in a surprising and unprecedented case, a daughter that lives abroad had concluded plans to remand her mother and brother in prison over family squabbles. The brother happens to be my electrician and My Noble Lord, looking at the merit of the case, granted them bail, after minutes of back and forth between me and the Police Lawyer.
Investigators in Nigeria are imbued with amazing powers. The powers are so much because the Police and other Security Agencies ‘story’ is the official account of any event or issue. This is why those who run the Police and other security agencies must bring some check on the amazing powers of investigation they possess.
This is important, because some times in Nigeria, ‘The Law is too strong to catch the weak and too weak to catch the strong.’ We must make laws and rules to limit the endless powers of investigators and provide do’s and don’ts in investigation activities. Again, once it is shown that an investigator is ‘Perverse,’ the hammer should fall on that investigator. Let someone be held specifically accountable should an investigation go wrong. The current issue of lack of supervision being used to drag in their bosses should stop. You should be accountable for your action personally, because you know the difference between wrong and right.
I have seen several perverse investigation reports, so perverse that it will make the sailor’s boy blush. I have seen a case where a suspect who came from Europe was arraigned for burning his own house. In that matter he was both the complainant and the suspect.
I have seen a case where there when were 3 Petitioners in a matter and one suspect. The perverseness of the investigation was so profound that the investigator did not hide his bias from the beginning of his report till the end. The Investigator even had the boldness to say the Petition of two of the Petitioners were not investigated and he wrote a report without investigating one party, making him a biased investigator. He is emboldened by his impunity, because despite several petitions against him he has not been disciplined, even when his actions are at variance with all rules and laws on police business in Nigeria.
I have seen a case where, in an investigation report, the good Samaritan who rescued a person that was attacked on the road was charged for the murder of that person. He ended up in prison for 4 months.
A person who is a lawyer sees a gun on the road and brought it to State CID as a good citizen and he was arrested for bringing the gun to the station. However, a good investigator straddled logic together to say that it is not possible for the lawyer to be the owner of the gun, because if he was, he will not bring it to the station. This was however, with the intervention of the Nigerian Bar Association, the lawyer got off the hook.
The rules of investigation should be made a Law by the National Assembly. This is the only way it can have the force of law.
However, the Administration of Criminal Justice Act and the Laws of the States provide for suing perverse investigators who have turned justice on its head; that way, you can upturn an investigation report and get damages against the investigator.
Citizens should be encouraged to take up their rights while lawyers should do such matters either pro bono or with reduced fees, to allow for the development of our laws.
It is important we do the right thing, because we do not know who will be next. Any society that grows, grows on strong systems and not strong men. The men who run this system should also, like Caesar’s Wife, be above board.
Any Investigation Report you write is a report of your activities in the Agency you operate in. At the end of the day, it is your name that is on the report, not the people asking you to do what you do to pervert justice. So be careful not to sign anything that will bring odium and opprobrium to you and your family name.
The Police is like an angel between God and Man. You serve as a gate-way for good or bad. Whatever you do is your choice. Make no mistake about it, whether in service or retirement, the society knows who is who.
Douglas Ogbankwa is a Benin-based lawyer and prolific writer
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The Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, GCON is set to chair the 17th Edition of the J-K Gadzama LLP Annual Public Lecture
The 17th edition of the J-K Gadzama LLP Annual Public Lecture is scheduled to take place virtually on Wednesday, October 23, 2024, at 3.00pm. This year’s theme is “The Impact of International Law on Litigation and Arbitration in Nigeria”.
The Annual Public Lecture promises to be an enlightening and engaging one, as the event will feature a great line-up of speakers who are seasoned experts in the fields of international law, litigation and arbitration.
The Lecture is set to be chaired by the Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun, GCON while erudite Prof. Paul Idornigie, SAN is also set to be the Keynote Speaker.
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Fiery human rights activist and constitutional lawyer, Mr. Joe Nwokedi has added his voice to the recent conduct of the Rivers State Local Government Election.
The lawyer, known for his candid views on burning national issues, has vowed that the recently conducted Rivers State Local Government Election complied with the basic requirements of Nigeria’s 1999 Constitution as amended, the Electoral Act and other laws, procedures and rules governing conduct of elections in Nigeria.
He noted that Section 197 of the Constitution provides for the establishment of State Independent Electoral Commission (SIEC) and empowered the commission to conduct elections to Local Government Council.
His words: “The SIEC as outlined in the 1999 constitution is to organize local government council elections within the state and advise the INEC on the compilation of and register of voters concerning Local Government elections in the state, as contained in the Item B, Paragraph 4, Part 11 of the Third Schedule to the 1999 Constitution (as Amended).
“The SIEC is empowered to clearly determine how elections are to be conducted in Local Governments of every State of the Federation.”
According to the human rights lawyer, “SIEC, which is constitutionally empowered with the conduct of Local Government Election in all the states of the Federation, abided totally with all the fundamental requirements needed to conduct any election in any State in Nigeria in conducting Rivers State Elections.
“Therefore, any political party or parties that decided to boycott the election did so out of ignorance and in their own great peril, as they can’t even go to court to contest the conduct of an election they willingly and voluntarily decided not to participate in. Once it is proved by SIEC in Rivers State that appropriate notices and information regarding the election were served and made available to them, inclusive of other basic requirements by SIEC Rivers State, they have no rationale nor locus standi within the ambit of the law to make any complaint anywhere, the courts included except for sake of mere legal academic exercise.”
Nwokedi also strongly condemned the “degrading attitude of the Nigerian Police Force by withdrawing their security during election,” adding that “Police withdrawal of security during an election is not a ground for any election not to be conducted nor make the conduct of such election illegal or unlawful in any way or matter.
“By the recent action of the Nigerian Police in Rivers State, it has now become the decision of a State Governor to decide whether Police security will be needed or not in the conduct of Local Government Elections in Nigeria. Police is a Federal institution and should not be seen to be partisan as it is becoming the case in Nigeria. Such a development is very inimical for the sustenance and advancement of democracy in Nigeria.”
Nwokedi, who has authored seven books on democracy and elections in Nigeria, urged Rivers State Governor Similari Fubara and the newly elected Local Government chairmen “to focus on delivery of quality services and real proceeds of democracy to the good people of Rivers State, as you have no cause for any alarm regarding the conduct of the last Local Government election in the state by SIEC having complied fully and absolutely with the provisions of 1999 Constitution of the Federal Republic of Nigeria, the Electoral Act and other enabling laws. What is more, the election was equally adjudged very peaceful, free, fair and credible .”
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The Governor of Ondo State, Hon. Lucky Orimisan Aiyedatiwa has inaugurated six newly appointed judges of the State High Court.
The swearing ceremony took place at the Cocoa Conference Hall of the Governor’s Office in Akure, on Thursday, a statement signed by the Chief Press Secretary to the Governor of Ondo State, Prince Ebenezer Adeniyan disclosed
The six newly sworn-in judges are Hon. Justices Adebisi Williams Daomi, Adeola Olufunke Adegoroye, Justinah Ojufisintei Kpemi, Happiness Inumidun Demehin-Ogunbayo, Wumi Fabuluje, and Idowu Mobayonle Ogunwumiju.
The Governor described the event as a significant step in strengthening the judiciary and advancing the administration of justice in the state.
Addressing the gathering, Governor Aiyedatiwa emphasized the importance of the appointments, which mark the second large-scale judicial swearing-in during his tenure.
“This is particularly fulfilling for me, as it marks the second instance on record in our administration that appointment to the Bench of the State Judiciary would be carried out and in large number.
“These appointees have distinguished themselves in the practice of law and administration of justice in our dear state,” the Governor remarked.
Governor Aiyedatiwa also acknowledged the efforts of the Chief Judge of Ondo State, Hon. Justice Segun Aiyedun Odusola, for his leadership in ensuring a significant increase in the number of judges, thereby reducing the workload of the courts.
He thanked the National Judicial Council and the newly appointed Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun, for their role in facilitating the appointments.
Highlighting the backgrounds of the newly appointed judges, the Governor noted the remarkable careers and expertise each brings to the bench. He commended their diligence, knowledge of the law, and commitment to justice, emphasizing that their appointments were a product of rigorous and thorough processes to ensure only the most qualified individuals are entrusted with the dispensation of justice in the state.
In closing, Governor Aiyedatiwa reiterated his administration’s dedication to upholding the rule of law and the independence of the judiciary, encouraging the new judges to carry out their duties with “diligence, sobriety, courage, and the fear of God.”
Earlier in his remarks, the Attorney General and Commissioner for Justice of Ondo State, Dr. Olukayode Ajulo, SAN, highlighted the governor’s deep respect for the judiciary and his strong commitment to upholding the rule of law.
He further noted that through his policies and actions, the governor has consistently demonstrated his dedication to ensuring the judiciary is well-resourced for the effective delivery of justice.
Ajulo also emphasized the critical collaboration between the judiciary, the legal profession, the executive, and the legislature, which has greatly improved the efficiency of the justice system in Ondo State.
Speaking on behalf of the newly appointed judges, Justice Williams Daomi pledged that they would uphold the high standards of the judiciary and serve as exemplary ambassadors. He assured the people of Ondo State that they would complement the efforts of their colleagues and carry out their responsibilities with diligence and dedication.
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On 7 June 1911, the High Court of Australia decided a very interesting case. It arose from a publication issued two months earlier, on 7 April 1911, by a newspaper called The Mercury,published from Hobart, in Tasmania. Under the title “A Modest Judge”, the newspaper took aim at Mr. Justice Higgins, a senior judge of the High Court of Australia who was also the first President of the Commonwealth Court of Conciliation and Arbitration.
According to the records, in a case presided over by Justice Higgins in the Court of Conciliation and Arbitration, a lawyer, Mr. Starke, accused a labour union of impunity, alleging that “they are encouraged…. by the Government of this country.” On hearing this, Justice Higgins prohibited the lawyer from uttering such words. When counsel protested his right to vigorously advance the case of his client, the judge retorted “[Y]ou are not entitled to speak disrespectfully of those above us.” Here was the jurisprudence of Kabiyesi articulated with forceful clarity more than three quarters of a century before it arrived in Ligali Ayorinde’s High Court of Lagos in 1989.
This was the factual background to the article that was to become the centrepiece of the proceedings in the High Court of Australia in which the newspaper said of Mr. Justice Higgins that he was “we believe, what is called a political Judge, that is, he was appointed because he had well served a political party. He, moreover, seems to know his position, and does not mean to allow any reflections on those to whom he may be said to be indebted for his judgeship.”
The Attorney-General of Australia charged the newspaper with the crime of “scandalizing the judiciary.” Dismissing the charge, Samuel Walker Griffith, Australia’s inaugural Chief Justice, who presided over the proceedings had this to say: “I am not prepared to accede to the proposition that an imputation of want of impartiality to a Judge is necessarily a contempt of Court. On the contrary, I think that, if any Judge of this Court or of any other Court were to make a public utterance of such character as to be likely to impair the confidence of the public, or of suitors or any class of suitors in the impartiality of the Court in any matter likely to be brought before it, any public comment on such an utterance, if it were a fair comment, would, so far from being a contempt of Court, be for the public benefit, and would be entitled to similar protection to that which comment upon matters of public interest is entitled under the law of libel.”
The crime of “scandalizing the judiciary” has largely fallen into disuse. It assumed that the people who scandalize courts were always others rather than judicial staff, or even judgesthemselves. In Nigeria, the people most likely to scandalize the judiciary these days sit in most cases as judges and magistrates.
In her first official act as the 18th indigenous occupant of the office on Monday, 30 September, at a special session of the Supreme Court to conduct the annual ritual of inducting the latest set of Senior Advocates of Nigeria (SANs), new Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, warned that under her watch, obedience to court orders will be “non-negotiable. No individual or institution, irrespective of their standing, will be permitted to treat the judgements of our courts with levity or disregard. The Judiciary stands resolute in ensuring that the sanctity of our legal decisions is upheld.”
Regrettably, Madam CJN labours under the misapprehension that it is always possible or easy to know what the order is that is to be obeyed. The joke is that court orders these days are so lucrative that many judges make them – in good old Nigeria-speak – double-double. Responsibility for this sorry state lies mostly with the Federal High Court.
The ancient city of Kano now has two Emirs, one state and the other federal after a rogue Federal High Court judge decided to take chieftaincy into the federal realm.
Edo State has two Deputy Governors too.
By dint of the judicial labours of Peter Lifu, a judge, the Federal High Court also attempted to impose two separate dates on Rivers State for the conduct of Local Government elections after Chigozi Igwe, a judge of the High Court of Rivers State,had issued a considered decision setting 5 October as the date for the election. Rivers State Governor, Sim Fubara, acknowledged Peter Lifu’s hardwork by handing him the moniker of “that justice that gave that fraudulent judgment.”
This is not the first time the Federal High Court will gratuitously constitute itself into an appellate forum to review without benefit of the records of proceedings and with the practised ill-will of a political hit-job dressed up in judicial robes, decisions of State High Courts. Nor is it the first time that the Federal High Court will convert itself into a court of unlimited jurisdiction that it is not at the expense of a State High Court which, under the Constitution, is indeed the only court of unlimited jurisdiction.
This Federal High Court has become the place where the law falls into disrepute and Lady Justice suffers repeat rape.
This has become the routine of the Federal High Court under the leadership of its current Chief Judge who enables a notorious line up of judges of the court who clearly seem to be able to habitually scandalize the judiciary without consequence. This Chief Judge of the Federal High Court favours them with the species of cases that lend themselves to pay-as-you-go judicial dispositions that can only originate in the bedrooms of their favorite politicians.
Not even the Inspector-General of Police who must provide the steel behind the orders of courts in Nigeria, has much regard for them. The most charitable that can be said of Kayode Egbetokun is that he is a political IGP. For most of his professional life, Mr. Egbetokun has been the Aide-de-camp to the man who now occupies the presidency. Even as IGP, the habits of a lifetime as ADC die hard. In his current office, he now heads the uniformed, armed wing of the ruling party. In that role, his brief is to make his principal happy. If a court order gets in the way of that, it is for CJN Kekere-Ekun to worry about that.
The people who have the gumption to call out such conspiracy of conceit become the butt of a line-up of professional hirelings defending the habitual malefaction of those who supervise judicial malpractice as standard procedure. One example of such faceless hirelings is the fly-by-night entity that calls itself “Global Network for Justice and Equity.” There’s the even more risible “Centre for Reform and Advocacy”. Others are plainly disreputable. One of the more enthusiastic among that species, a lawyer, has a quite shameful rapsheet with the Legal Practitioners Disciplinary Committee. It reflects the sad state of the judiciary whose orders CJN Kekere-Ekun swears by, that such are the only specimens these days who can now be counted upon to speak up in defence of the authority of thebranch of government that she must lead.
Some lawyers, judges and politicians would like to see the new CJN shut down all criticism of judicial malfeasance,requiring them all to go to the National Judicial Council. Regrettably, she cannot do that without bringing manifest disrepute upon herself. As David Pannick KC reminds us: “where criticism [of judges] is wrong or misguided, one should have the confidence in the strength of the institution to demonstrate by its conduct that it serves a valuable function and does its job well.”
Above all, that is very much like insisting that Martin Luther, instead of posting his 95 Theses on the gate of that church in Wittenberg as he did, must hand them to the Pope. Surely, there would have been no Reformation to speak of. Meanwhile, we await the next judicial scandal of a pre-destined order on Rivers State to be issued by the Federal High Court.
A lawyer and a teacher, Odinkalu can be reached at chidi.odinkalu@tufts.edu
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J-K Gadzama LLP set to host the 17th Edition of its Annual Public Lecture
The 17th edition of the J-K Gadzama LLP Annual Public Lecture is scheduled to take place virtually on Wednesday, October 23, 2024, by 3pm.
This year’s theme is ‘The Impact of International Law on Litigation and Arbitration in Nigeria’.
Without a doubt, the Annual Public Lecture promises to be an enlightening and engaging one, as the event will feature a great line-up of speakers who are seasoned experts in the fields of international law, litigation and arbitration.
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An appellate court in the United States has upheld the ruling of a lower court which ordered former World Champion Floyd Mayweather Jr. to pay a Nigerian company, Zinni Media Concept Limited the sum of N4.2 billion in damages in a breach of contract and fraud case.
A statement by the company’s media executive, Alex Nwankwo says the appellate court found merit in the ruling of a lower court which found Mayweather guilty of breach of contract, expressing satisfaction of the organisation over the ruling.
CITY LAWYER gathered that the agreement with Zinni Media Concept Limited required Mayweather to make different appearances in Africa, including one in Nigeria in June 2017.
The former world boxing champion did not however fulfill his side of the bargain. Instead, he terminated the contract and refused to reimburse advance payment made by the company for the service.
Though the CEO of Zinni Media Ltd, Prince Donatus Okonkwo, had only sought reimbursement for the company’s deposits, but Mayweather and his initial set of legal representatives implied that because the company was not based in the United States, he could not make any refund.
“Feeling violated and robbed, Zinni Media Ltd had no option but to seek and retain legal assistance within the USA to address the breach of contract,” the statement noted.
“After several unsuccessful attempts to recover the appearance fees from the American boxer, the company instituted a legal action against Mayweather in 2018 where it alleged breach of contract, unjust enrichment and fraud against the former champion. We are grateful that two courts have granted a prayer by Zinni Media Ltd to impose terminating sanctions against Mayweather.”
It would be recalled that on October 31, 2023, a lower court had ordered Mayweather to pay Zinni $1,638,542 in damages, $721,881.32 in prejudgment interest, $16,270 in sanctioned attorney fees, as well as $285 in costs.
Dissatisfied with the judgement, Mayweather however filed an appeal. On August 27, 2024, the California Court of Appeal upheld the ruling of the lower court. The judgment was confirmed by court documents dated August 27, 2024 and endorsed by Eva McClintock, Clerk of the Court of Appeals of the State of California.
The document is referenced Second Appellate District, Case No. B334403; County Super. Ct. No. 19VECV00170). Okeke & Associates, PC., by Patrick I. Okeke, Esq., represented the Plaintiff and Appellant (Zinni), while the Defendant and Respondent (Mayweather) was represented by Eisner LLP, by Jeremiah Reynolds, Esq., and Benjamin Kassis, Esq.
The statement said despite the ruling of the court of appeal and finality on the case, Mayweather had still refused to pay the judgment sum which continues to grow at 10% per annum.
In a bid to enforce the judgement, the court has instructed the US attorneys to target Mayweather’s 2015 Bugatti GSV or his 2015 Ferrari LaFerrari Aperta, both valued over the judgment amount, Zinni Media Ltd further stated.
“We have already defeated Mayweather and his attorneys on numerous occasions during the proceedings so the enforcement of the judgement will be duly applied,” the statement read.
“Our forensic investigators have also uncovered a substantial number of Mayweather’s valued assets showing that he was very successful but clearly overstating his true net worth.”
Prince Okonkwo was an Anambra governorship aspirant and currently the Honorary Counsel of Democratic Republic of Congo to Nigeria. He also owns the popular eatery, Tetrazzini.
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The Nigerian Bar Association (NBA) has berated courts for the conflicting verdicts on the forthcoming Rivers State Local Government Election.
Saying that it has “taken note of the conflicting judgments from the Rivers State High Court and the Federal High Court in Abuja” over the election, the NBA described the situation as “concerning” and “deeply disheartening.”
Coming down hard on the courts, the lawyers’ body, in a statement by its President, Mr. Afam Osigwe SAN, stated that it “amounts to judicial rascality that courts of concurrent jurisdiction are issuing contradictory orders on the same matter. The NBA is committed to engaging with all relevant stakeholders to find a sustainable solution to this constant judicial conflict, as the consistency and coherence of the law are fundamental to its effectiveness.”
In the statement made available to CITY LAWYER, the association warned the Nigeria Police not to shirk its constitutional responsibility to provide security to citizens, saying: “The refusal to provide security is not only unconstitutional but also illegal, immoral, and a dangerous signal that invites lawlessness and undermines democracy. It is, in every sense, a direct attack on the democratic rights of the people of Rivers State and, by extension, Nigeria as a whole. In fact, it threatens our democracy.”
The full text of the statement reads:
The Nigeria Police Force Cannot Shirk Their Responsibility to Provide Security in Rivers State
The Nigerian Bar Association, NBA has noted with deep concerns, the controversies and actions of actors relating to and pertaining the scheduled Local Government elections in Rivers State.
The NBA has noted with particular interest the statement released by the Rivers State Police Public Relations Officer (PPRO), SP Grace Iringe-Koko, which indicates that the Rivers State Police will not provide security during the Local Government elections scheduled for Saturday, October 5, 2024.
The NBA has also read the disturbing report that some Policemen were alleged to have attempted to cart away electoral materials in the dead of the Night at the Head office of Rivers State Independent Electoral Commission, RSIEC.
We agree with the statement issued by the Chairmen of NBA Branches in Rivers State as we find it deeply troubling that the Police would brazenly issue a statement that they would shirk their constitutional responsibility of providing security in Rivers State in purported compliance with an order of court. Even if a court has directed the Police not to work with the Electoral Commission in Rivers State, nothing says the Police should not provide security for peace and order in Rivers State.
The responsibility of the police to ensure peace and security in Rivers State is constitutional and cannot be restrained by any court. The Police should at all times provide security for the good people of Nigeria and should in fact be worried if any court order purports to prevent them from discharging this responsibility. The duty to secure the lives and property of the people is one that should never be restrained by the court. The Police as well as all Nigerians should be concerned that such a statement was issued by the Police confirming they would abdicate their duty. The Police must ensure they discharge their duties at all times and urgently take steps to set aside any judgement that seeks to prevent them from discharging their constitutional responsibilities. To do otherwise may enthrone a reign of terror or breakdown of law and order. The people of Rivers must never be left unprotected, no matter what.
Any act or position that leave the people and their activities unprotected is utterly unacceptable, and strongly condemned by the Nigerian Bar Association. The assertion by the Rivers State Police, through the PPRO, that the Police will not provide security for the elections, if accurate, is an unfortunate abdication of responsibility and egregious violation of constitutional duties. The refusal to provide security is not only unconstitutional but also illegal, immoral, and a dangerous signal that invites lawlessness and undermines democracy. It is, in every sense, a direct attack on the democratic rights of the people of Rivers State and, by extension, Nigeria as a whole. In fact, it threatens our democracy.
The Nigeria Police Force is constitutionally mandated to protect lives and property, and this duty extends to providing security during elections. Any failure to perform this obligation is unacceptable. The security of elections and indeed every other activities are not matters for negotiation. They are constitutional responsibilities that must be carried out by the police at all times. The Police should NEVER shirk such responsibilities.
The Nigerian Bar Association condemns, in the strongest possible terms, any attempt to undermine the scheduled elections in the 22 Local Government Areas of Rivers State by refusing to provide security. We will continue to closely monitor the situation as it unfolds.
We call on all security agencies to rise to the challenge of protecting lives, property, and democracy during this critical time. Furthermore, we urge the Inspector General of Police to launch an immediate investigation into these troubling report that Policemen sought to cart away electoral materials and ensure that any errant officers involved are swiftly and appropriately disciplined, regardless of whose interests are affected.
The NBA has also taken note of the conflicting judgments from the Rivers State High Court and the Federal High Court in Abuja concerning the scheduled Local Government elections. It is deeply disheartening and amounts to judicial rascality that courts of concurrent jurisdiction are issuing contradictory orders on the same matter. The NBA is committed to engaging with all relevant stakeholders to find a sustainable solution to this constant judicial conflict, as the consistency and coherence of the law are fundamental to its effectiveness.
The protection of our democracy and the upholding of the rule of law must remain the highest priority.
Mazi Afam Osigwe, SAN President, Nigerian Bar Association
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All the eight branches of the Nigerian Bar Association (NBA) in Rivers State today threw their weight behind the Rivers State Local Government Election scheduled to hold tomorrow.
CITY LAWYER recalls that there has been controversy over the holding of the election following different court verdicts on the matter. This has led the Nigeria Police to withdraw its participation in the election, even as Rivers State Governor Siminalayi Fubara vowed that the election must proceed as planned.
In a statement obtained by CITY LAWYER, the NBA Branches noted the “multiple” court rulings but stated that “While we do not wish to reignite the controversies or dwell excessively on the ongoing issues, we must emphasize that the Nigerian Constitution remains the supreme law from which all government institutions derive their legitimacy. All judgments or laws inconsistent with the Constitution are null and void to the extent of their inconsistency.”
The statement which was presented by the Chairman of Chairmen of Rivers State NBA Branches Cordelia Eke reads:
Press Statement by the Nigerian Bar Association (NBA) Rivers State Branches on the Scheduled Local Government Elections in Rivers State
In light of the upcoming local government elections scheduled for October 5th 2024, in Rivers State, the chairmen of the eight branches of the Nigerian Bar Association (NBA) in Rivers State wish to make the following statement:
Legitimacy of Local Government Elections Local government elections are a critical part of the democratic process in Nigeria, as enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as amended). Therefore, these elections are legal and sanctioned by law, and the Rivers State local government elections are no exception.
Judicial Interpretations and Conflicting Judgments It is widely known that multiple court judgments on issues relating to the Rivers State local government elections have been circulating on social media. Unfortunately, many of these judgments emanate from courts of coordinate jurisdiction and have been subject to varying interpretations. While we do not wish to reignite the controversies or dwell excessively on the ongoing issues, we must emphasize that the Nigerian Constitution remains the supreme law from which all government institutions derive their legitimacy. All judgments or laws inconsistent with the Constitution are null and void to the extent of their inconsistency.
Role of Security Agencies Security agencies are constitutionally tasked with maintaining law and order in the country. Failure to carry out this role undermines both democracy and the Constitution. We urge these agencies to uphold their responsibilities to ensure a peaceful and lawful election process.
Participation and Observations As far as the NBA branches are concerned, there is no legal barrier to conducting the local government elections in Rivers State. The NBA branches will participate as election observers to promote transparency and accountability.
Encouragement to Voters We remind all eligible and registered voters in Rivers State on election day to exercise their constitutional right to vote. It is crucial for the advancement of democracy that all citizens make their voices heard through peaceful participation in the electoral process.
Peaceful Conduct and Law-Abiding Citizens Finally, we advise all residents and indigenes of Rivers State to remain peaceful and law-abiding throughout the election process. Respect for the rule of law is fundamental to the stability of our democracy.
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The Council of Legal Education (CLE) has rejected an appeal by BAZE University to lift the ban placed on the citadel of learning from admitting Law students.
According to a document obtained by CITY LAWYER, the council which has Chief Emeka Ngige SAN as its chairman, vowed that the ban would remain in place until its Accreditation team visits the university to assess its level of compliance with the rules.
A similar appeal by the Ibadan-based Lead University also met a brickwall.
Extracts of reolutions by the council at its third quarterly hybrid meeting held on Friday 27th September, 2024 at the council Chambers, Nigerian Law School Headquarters, Bwari, Federal Capital Territory, Abuja reads: “On the letters of appeals by Lead City University, Ibadan and Baze University, Abuja, respectively requesting for review of the moratoriums imposed on their law faculties, the Council directed the Management of the Nigerian Law School to reply them stating that the moratoriums on the admission of students still stand and that the Universities would be revisited by the Accreditation team at the appropriate time to ensure their compliance with the Council directives.”
Meanwhile, the council has approved the applications of five universities to admit Law students, with each of them having a quota of 50 students.
The universities are University on the Niger, Umunya, Anambra State; University of Ilesa, Ilesa, Osun State; Maduka University, Ekwegbe-Nsukka, Enugu State; Alex Ekwueme Federal University, Ndufu-Alike, Ebonyi State, and Arthur Jarvis University, Akpabuyo, Calabar, Cross River State.
Applications from Tansian University, Umunya, Anambra State and Wesley University, Ondo, Ondo State were however rejected, even as the Council approved various sanctions in respect of referred admission cases as well as students involved in various forms of examination malpractice and other misconduct.
The accreditation reports were presented by the Board of Studies chaired by the Director-General, Prof. Isa Hayatu Chiroma, SAN, DSSRS, Director-General of the Nigerian Law School.
The Council also approved the report and recommendations of the Appointments, Promotions and Disciplinary Committee (AP&DC) headed by NBA President, Mr. Afam Osigwe SAN for the promotion and discipline of some academic and non-academic staff of the Nigerian Law School.
While Ms. Aderonke O. Osho who had been serving in acting capacity was appointed as the substantive Secretary to Council and Director of Administration of the Council of Legal Education and the Nigerian Law School for a five (5) year tenure, Mr. Oluwabamigbe Gbenga was appointed as the substantive Director of Finance and Accounts Department of the Nigerian Law School.
Of the 1,287 students that sat for the June 2024 Resit Bar Final Examinations, 796 representing 61.85% of the participants passed while 6 representing 0.47% of the participants received the Conditional Pass grade. 463 Bar aspirants representing 35.98% of the participants again failed the examinations while 2 had their results withheld.
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Governance and Business Innovation in Contemporary Times: Paving the Path for a Sustainable Future
Lagos, Nigeria – In an age defined by rapid technological evolution, shifting economic landscapes, and heightened social expectations, the relationship between governance and business innovation has never been more critical. Companies and governments alike are tasked with the challenge of adopting innovative strategies to remain competitive and sustainable; while ensuring they meet the needs of their stakeholders and society at large.
The convergence of governance and innovation forms the backbone of long-term success in today’s business climate. Strong governance frameworks serve as the foundation for fostering an environment that encourages creativity, forward-thinking, and resilience, while also ensuring ethical practices, accountability, and sustainability. At the same time, innovation is essential for companies to adapt to disruptive technologies, rapidly evolving markets, and changing consumer demands.
Effective governance creates the space for businesses to explore new ideas, embrace cutting-edge technologies, and invest in sustainable solutions. It establishes structures that promote transparency, compliance, and ethical decision-making, which are critical for mitigating risks while exploring new opportunities. The right governance model ensures that innovation is not only achieved but sustained, providing a strategic balance between profit, purpose, and growth.
Business innovation challenges traditional governance models by introducing new paradigms in corporate leadership, digital transformation, and regulatory landscapes. With the advent of technologies like artificial intelligence, blockchain, and big data, companies need governance structures that support agile decision-making and scalable solutions. Successful businesses are those that can integrate these innovations into their governance frameworks, ensuring they stay competitive and compliant in an increasingly complex market.
As businesses navigate digital transformation, regulatory hurdles, and sustainability goals, the intersection of governance and innovation becomes increasingly vital. How do companies lead with purpose while remaining profitable? How do they leverage emerging technologies without compromising ethical standards? These are some of the pressing questions today’s leaders must address.
In light of these growing complexities, the Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN) Lagos State Chapter, 2024 Annual Summit, themed “Governance and Business Innovation in Contemporary Times,” will serve as a platform for industry leaders, policymakers, academics, and innovators to explore these critical issues. The summit, scheduled for 31st October 2024 at Victoria Crown Plaza Hotel, Victoria Island, Lagos will bring together thought leaders to share insights, strategies, and actionable solutions that can drive governance and business innovation forward.
We are pleased to announce that Mr. Hakeem Ogunniran, FCIS, Founder and CEO of Exima Realty Co. Ltd, and Non-Executive Chairman of Lagos Building Investment Co. Plc, will serve as the Chairman of the 2024 Annual Summit, themed ‘Governance and Business Innovation in Contemporary Times.’ The summit will also feature an impressive lineup of brilliant speakers, with depth of knowledge in the theme bringing diverse expertise and insights to this important dialogue.”
The keynote address will be delivered by Dr. Stanley Jacobs, CEO of Zest Payment Limited (a subsidiary of Stanbic IBTC Holdings Plc) and President of the Governing Council for the Fintech Association of Nigeria (FINTECHNGR). Dr. Jacobs will provide valuable insights into how governance structures can foster innovation in Nigeria’s fintech and business sectors, drawing from his extensive experience at the intersection of governance and technology.
Summit Highlights:
Examine Governance’s Role in Driving Innovation: Delve into how governance can build a culture of innovation in both public and private sectors.
Explore Emerging Technologies: Learn about the latest trends in business innovation, including AI, digital transformation, and sustainability.
Networking Opportunities: Connect with industry leaders, government officials, and innovators to build partnerships that drive growth and innovation.
Best Practices for Governance and Innovation: Gain actionable insights from leaders who have successfully integrated governance with innovation in their organizations.
The Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN) is dedicated to fostering excellence in corporate governance, providing a platform for professionals to engage in discussions that shape the future of governance and innovation.
L-R Hon. Secretary, ICSAN Lagos State Chapter, Chief Adewale Adeniji, ACIS; Chair, ICSAN Lagos State Chapter, Ms. Efosa Ewere, FCIS; Vice Chairman, ICSAN Lagos State Chapter, Adebola Babatunde, FCIS; Chair, Planning Committee ICSAN Lagos State Chapter, Ms. Efeomo Olotu, ACIS
The ICSAN Lagos State Chapter 2024 Annual Summit continues this mission by offering thought-provoking sessions, interactive panels, and the opportunity to connect with the finest minds in the industry.
For media inquiries, sponsorship opportunities, or to register for the summit, please contact: Julie Bassey; 08034689366
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GOODWILL MESSAGE FROM THE NIGERIAN LAW SOCIETY ON NIGERIA’S 64th INDEPENDENCE ANNIVERSARY:
Fellow Nigerians,
On this occasion of our 64th Independence Anniversary, we extend warmest felicitations to all Nigerians.
As we celebrate our nation’s independence, let us remain resilient and keep hope alive, believing that better days are ahead.
As we reflect on our journey, let us recommit to building a united, peaceful, and prosperous country and continue to promote justice for all.
May this new chapter in our journey to greatness, bring with it, a better life for all Nigerians.
Long live the Federal Republic of Nigeria!
Happy Independence Day!
S. U. Nwankwo Esq. (Steve Sun) National Publicity/PR Secretary, NLS
NIGERIAN LAW SOCIETY FELICITATES CHIEF JK GADZAMA, SAN ON HIS INDUCTION AS A FELLOW OF INSOLVENCY PRACTITIONERS BY THE BUSINESS RECOVERY AND INSOLVENCY PRACTITIONERS’ OF NIGERIA (BRIPAN)
Distinguished legal luminary, Chief Joe-Kyari Gadzama OFR, MFR, SAN was on Friday, September 27, 2024, inducted as a Business Recovery and Insolvency Practitioner by the National Executives of the Business Recovery and Insolvency Practitioners’ Association of Nigeria, (BRIPAN).
The induction ceremony took place at the just concluded BRIPAN Annual International Conference held from Thursday, 26 to Friday 27 September, 2024 in Lagos, Nigeria.
Congratulations on your induction as a Fellow of Insolvency Practitioners.
This prestigious recognition underscores your exceptional expertise and dedication to the field.
This achievement underscores your high standard of professionalism and commitment to excellence in insolvency practice.
We celebrate your distinguished career and contributions to the profession.
Best regards,
S. U. Nwankwo Esq. (Steve Sun) National Publicity/PR Secretary, NLS
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As we mark Nigeria’s Independence Day, let us reflect on our role in shaping the future of our great nation.
Our profession holds the power to defend justice, uphold the rule of law, and secure the rights of the vulnerable.
In these trying times, may we stand as beacons of hope, unity, and integrity, ensuring that our actions today lay the foundation for a stronger, more prosperous Nigeria tomorrow.
Happy Independence Day!
Dr Mobolaji Ojibara GS, NBA
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NIGERIAN BAR ASSOCIATION INDEPENDENCE DAY MESSAGE ON THE OCCASION OF NIGERIA’S 64TH INDEPENDENCE ANNIVERSARY
Fellow Compatriots,
On this momentous occasion of Nigeria’s 64th Independence Anniversary, the Nigerian Bar Association (NBA) extends its warmest wishes to all citizens as we reflect on our journey as a nation. Over the past six decades, we have faced numerous challenges, yet we continue to stand united in our quest for justice, democracy, and progress.
Independence Day is not just a day of celebration but also a day for sober reflection. It is a reminder of our shared responsibility to build a nation where the rule of law prevails, where human rights are respected, and where governance is conducted in the best interests of the people. The Nigerian Bar Association remains committed to these principles as we work towards a brighter and more just future.
As we mark this anniversary, it is important to acknowledge the growing calls from citizens for better governance, accountability, and respect for human rights. The ongoing protest movement, tagged “Fearless in October” by anti-bad governance protesters, highlights the ongoing demand for positive change. It is the right of every Nigerian to peacefully express their views and seek better governance without fear of harassment or intimidation.
In light of this, the NBA reaffirms its commitment to protecting the fundamental rights of all Nigerians. We will be providing pro bono legal services to peaceful protesters who may face any form of intimidation, harassment, or arbitrary detention during the protests. We have mandated the NBA Citizens’ Liberties Committee, in conjunction with the NBA Human Rights Committees of our various branches, to be on standby throughout the country to respond swiftly to any incidents of human rights abuse. The NBA will not hesitate to take legal action against any violations of these rights.
The NBA stands firmly in support of the principles of democracy, freedom of speech, and peaceful assembly, which are enshrined in our Constitution. We call on law enforcement agencies to exercise restraint and uphold the law by ensuring that citizens are free to express their views peacefully.
As we celebrate our 64th year of independence, let us remember that the strength of a nation lies in the respect it gives to its people, the accountability of its leaders, and the integrity of its institutions. The NBA will continue to advocate for these values as we journey towards a more equitable and just society.
May Nigeria continue to grow in peace, unity, and justice. Happy Independence Day!
Mazi Afam Osigwe, SAN President, Nigerian Bar Association
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