The Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law-in-litigation (NBA-SPIDEL) has proffered reasons why outgoing NBA President, Mr. Yakubu Maikyau SAN should be recalled from the Permanent Court of Arbitration (PCA) at The Hague.

In a petition to the Attorney-General and Minister of Justice, Prince Lateef Fagbemi SAN dated July 30, 2024 and signed by its embattled Chairman, Mr. John Aikpokpo-Martins and Secretary, Ms. Funmi Adeogun, the committee stated that Maikyau does not meet the second requirement of possessing the “highest moral reputation,” adding that he “is consequently in our respectful view lacking in a fundamental qualification to represent Nigeria as a Member of the PCA.”

The petition was titled “OBJECTION TO THE APPOINTMENT OF MR. YAKUBU CHONOKO MAIKYAU, SAN, PRESIDENT OF THE NIGERIAN BAR ASSOCIATION (NBA) AS A MEMBER OF THE PERMANENT COURT OF ARBITRATION (PCA).”

Continuing, NBA-SPIDEL wrote: “Your Excellency, it is a matter of deep regret that Mr. Yakubu Chonoko Maikyau, SAN does not seem to represent the values required of the pre-eminent office he now occupies as a member of the Permanent Court of Arbitration. Mr. Yakubu Chonoko Maikyau, SAN has exhibited manifest disdain for Nigerian courts and abject contempt for court orders. It is our firm belief therefore that Mr. Yakubu Chonoko Maikyau, SAN is not a fit and proper person to be nominated, worse still approved, as a member of the hallowed Permanent Court of Arbitration. We believe that Mr. Yakubu Maikyau’s membership of the Permanent Court of Arbitration gravely diminishes the majesty and esteem of that Court and exposes it to public odium and ridicule.”

Setting out the “grounds” of the petition, the committee stated that the NBA President “does not promote or uphold the rule of law,” adding that he “is not guided by the rule of law or respect for laws, rules, due process and procedures in the discharge of his duties as the President of the Nigerian Bar Association.”

The committee alleged that Maikyau “actively supports and facilitates abuse of power and privileges by public officers towards undermining the efficacy and effectiveness of the rule of law in Nigeria,” adding that he is “a serial violator of court orders and the settled legal principle of lis pendens.”

It alleged that the NBA President “is presently being tried for the quasi-criminal charge of disobedience of court order in a committal proceedings pending in Suit No. W/128/2024: JOHN AIKPOKPO-MARTINS V BEN OJI & ANOR.”

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

Outlining the final ground of its petition, the committee wrote: “That Mr. Yakubu Chonoko Maikyau, SAN illegally caused Ten Million Naira (N10,000,000) to be withdrawn from the account of SPIDEL while Suit NO. EHC/40/2024: JOHN AIKPOKPO-MARTINS v YAKUBU MAIKYAU & 2 ORS and Suit No. W/128/2024: JOHN AIKPOKPO-MARTINS V BEN OJI & ANOR were pending at the Delta State High Court. “

Setting out the details of the alleged infractions, the committee concluded that “From the above facts, it is evident that Mr. Yakubu Chonoko Maikyau, SAN is not a fit and proper person to be honoured with an appointment to the prestigious Permanent Court of Arbitration. He has exhibited abject contempt for the rule of law and for our courts.”

The committee prayed the Attorney-General and Minister of Justice “to kindly recall Mr. Yakubu Chonoko Maikyau, SAN as one of Nigeria’s representatives to the Permanent Court of Arbitration, his confirmation notwithstanding.”

It however warned that “should Your Excellency fail, refuse or neglect to immediately recall Mr. Yakubu Chonoko Maikyau SAN, you may leave us with no other option than to vigorously pursue this petition directly with the Permanent Court of Arbitration and all related international bodies for necessary action.”

CITY LAWYER recalls that the committee has been engaged in a face-off with Maikyau over alleged usurpation of the roles of the outgoing NBA President.

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