• EMEKA NWADIOKE
  • May 16, 2020
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ELECTIONS: ‘NBA OFFERED US READY-MADE VOTING PORTAL,’ SAYS TAWO TAWO

• CONFIRMS CITY LAWYER REPORT
• SAYS FATE OF PORTAL UNCERTAIN
• VOWS THAT ECNBA IS ‘TOTALLY INDEPENDENT’

The Electoral Committee of the Nigerian Bar Association (ECNBA) has admitted that it was handed over a ready-made election portal for the forthcoming National Elections by the Mr. Paul Usoro SAN-led bar association. This confirms CITY LAWYER exclusive report which hinted that the ECNBA may have been preparing for the elections on the basis of the election portal bequeathed to it by the NBA leadership.

CITY LAWYER had in a recent report stated that “It was unclear at press time whether the vendor’s scope of work included a mandate to deliver an election portal for the forthcoming NBA Elections, given the notice issued by the ECNBA seeking proposals to recruit an ‘Information Technology Specialist.’ Among the work to be done by the IT Specialist/ECNBA Partner is, ‘Analyzing the new NBA Election portal system and infrastructure.’ The successful vendor is also required to train NBA staff ‘to use the new IT system.’ ”

Putting the issue beyond speculation, the ECNBA in a statement personally signed by its Chairman, Mr. Tawo Eja Tawo SAN said: “The Committee was briefed that the NBA has its own e-voting platform/portal for elections developed by TAVIA, an IT firm. TAVIA was invited to brief the Committee in conjunction with the NBA IT Officer Umar Gezawa, on the said NBA election platform/portal.”

He emphasized the critical role of the election portal, saying “the success of the elections would depend to a large extent on the electronic or IT platform that would be deployed for the election.” He added that “The need to procure such a platform has been a priority.”

Giving more insights into the “briefing” received from the NBA leadership on the election portal, the ECNBA Chairman said: “Further to the said briefing, the ECNBA decided that in spite of the advantages of such a portal, exploring the use of other viable e-voting platforms if necessary is not foreclosed. As such there was the need to engage an independent IT Consultant that would examine the NBA portal and critique same, its integrity, functionality and suitability or otherwise for the purpose of the elections as well as advise on other options.”

Highlighting additional roles of the consultant, the ECNBA Chairman said: “The Consultant would also be required to identify avenues for possible threats, and advise on how to contain same. Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant. They would be expected to verify electronically, the votes cast at the end of the exercise.”

Hinting on the fate of the election portal delivered by the NBA, Tawo who is said to be a born-again Christian noted: “Notwithstanding the above, the platform or portal to deploy for the election by the ECNBA would largely be dependent on the advice and report of the IT Consultant.” The ECNBA is currently sifting through applications received from its advertised request for expression of interest to pick its preferred IT consultant.

While the ECNBA Chairman did not state when the committee received the “briefing” from the NBA leadership, there are strong indications that this must have been before April 4, 2020 when the committee issued a “REQUEST FOR PROPOSAL (RFP): IT CONSULTANCY” which gave the scope of work of the IT Consultant to include “Analyzing the new NBA Election portal system and infrastructure.” CITY LAWYER recalls that the ECNBA was appointed by NBA-NEC on March 12, 2020.

At least three National officers who spoke to CITY LAWYER recently vowed that they were in the dark on the NBA website contract, adding that it was never discussed at any of their meetings. They also pleaded ignorance on the identity of the vendor or scope of work contained in the contract. The NBA did not respond to CITY LAWYER enquiries on the subject.

CITY LAWYER investigation however showed that Usoro informed NBA-NEC during its March 2019 meeting of his plan to “revamp” the verified NBA website to enhance its “functional uses.” He had stated that the websites for the Annual General Conference and NBA sections would be hosted on or linked to the NBA website while online payments and online platform for ordering stamps would be incorporated. However, the address was silent on the incorporation of a voting platform on the portal.

Though there are concerns among some stakeholders on the role of NBA staff in managing the elections, the ECNBA may have decided to give substantial roles to the staff. In its latest statement, the committee said: “Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant.” This aligns with item “f” of the “Scope of work” set out in the request for proposal which lists “Training staff to use the new IT system” as one of the deliverables of the IT Consultant.

While urging all stakeholders to shun “any activity that would be subversive and counter-productive to this exercise,” the committee however assured that it is “totally independent,” adding that “Mr. Paul Usoro SAN and his elected executive have given the ECNBA the needed liberty to do what is just and proper for the benefit of the profession in Nigeria. All candidates for the 2020 Elections shall be treated equally.”

The committee had published a Preliminary Notice of Elections as well as Election Guidelines in the run-up to the elections. Following its Call for Proposals from IT consultants, the ECNBA in its latest statement noted that it was “disheartening” for branches to shun the request to provide the data of eligible voters as requested by the NBA secretariat, warning that this may disenfranchise branch members. It however noted that it is in the process of compiling the Interim Voters Register as well as screening of IT proposals and interviewing of IT consultancy firms.

Please send emails to citylawyermag@gmail.com. Copyright 2020 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA DATABASE: OLANIPEKUN, NGIGE, FALANA IN ‘OBOLLO-AFOR’ BRANCH

* Mixed reactions, as errors mar project
* ‘We are in the dark on website contract,’ say EXCO Members

There is palpable anxiety over the current state of the Nigerian Bar Association (NBA) database as uploaded on the NBA website. While some members have their data correctly inputted, prominent Bar Leaders such as former NBA President, Chief Wole Olanipekun (SAN); former NBA presidential candidate and Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige (SAN) and Mrs. Funmi Falana, wife of fiery human rights activist, Mr. Femi Falana (SAN) are among those whose data have errors. The trio are listed as members of NBA Obollo-Afor Branch. Continue Reading

  • EMEKA NWADIOKE
  • May 04, 2020
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  • Comments Off on 2020 ELECTIONS: HOW NBA CAN GET IT RIGHT, BY FORENSIC EXPERT

2020 ELECTIONS: HOW NBA CAN GET IT RIGHT, BY FORENSIC EXPERT

The Nigerian Bar Association (NBA) National Officers Election has been scheduled to hold in July. Given the controversies that have beset previous NBA elections, several stakeholders have been engaging in initiatives aimed to ensure that this year’s exercise is free, fair and credible.

At a recent round-table organized by “The Legal Torchbearers” online forum to which CITY LAWYER was invited and in which many key stakeholders – including some presidential aspirants – participated actively, a leading consultant, auditor and investigator in Digital Forensic & Open Source Intelligence, Dr. Dominic Ehiwe spoke on the potential challenges facing the NBA elections and how to surmount them.

In 2006, Ehiwe received an upper honours degree in Economics (majoring in Statistics) from Federal University of Abuja. He was at the University of Duisburg-Essen for the Enterprise Resource Planning (SAP) programme, and was in 2014 awarded the Master of Science (MSc) in Computing (with Commendation) by the Birmingham City University, England. Ehiwe’s academic pursuits climaxed in 2019 with the award of a doctoral degree in Management Information Systems by the Babcock University. He is currently pursuing an Advanced Diploma in Forensic Accounting & Criminal Intelligence (FACI). He holds several licences and certifications in forensics.

Below are excerpts from the roundtable.

QUESTION: Is there any difference between internet voting and electronic voting?

ANSWER: Internet voting is same as electronic voting or e-voting.

QUESTION: What are the benefits of online voting over manual voting?

ANSWER: Online voting, generally called e-voting, is good and can be efficient where the integrity of the process and the information systems used for the exercise is guaranteed. E-voting can deliver the following results: Ensure that everyone eligible to vote can vote from any location; remove deliberate human tampering of voting ballot papers to favour a particular candidate or outcome; ensure no manual process is involved in the collation and processing of results, and cut cost by ensuring only relevant stakeholders take part in the process.

By integrity of the process, I mean ensuring that there are rules for participation in the exercise and the rules are followed. It also means having a process to verify and validate all eligible votes. There are ways by which this can be enforced. Integrity of the process also relates to ensuring that the computing infrastructure used for the exercise are secured and cannot be hacked, records falsified and multiple voting restricted.

QUESTION: Is there a system of voting that cannot be hacked?
ANSWER: Not really. All systems can be hacked as long as it involves computing infrastructure and use of internet. E-voting results are stored on computer systems called servers. These are hackable. However, the hack can be investigated and traced.

QUESTION: What are the features of the system that you will recommend to an association of lawyers with strength of about 60,000 to 70,000?

ANSWER: There are several that can be used. Judging anyone as being best is a matter of need. The key to achieving desired result is to ensure the system and process meet the guidelines set. These are the requirements, as organizers, you ensure the service provider meets.

For an association like yours, I would recommend that the voting system can provide the following: (1) Ensure that voting multiple times from a single device or computer is restricted – that means the system must be able to recognize every device that has been utilized; There must be a unique way of verifying every vote. (2) As members to vote, the question is besides email addresses and phone numbers, what is the unique feature by which each member can be identified. The e-voting system must ensure this is utilized for verifying and validating the votes. (3) The system should cater for multiple levels of authorization; by this, I mean checks and balance. No single individual must be able to complete a process end-to-end without higher authority verifying what was done. (4) Recording, collating and processing of results must be done without human interference. Aside from hacking of the system taking place, enforcing the above at a minimum should guarantee that the process is credible.

QUESTION: How does an association determine the above security features? Does it mean it must as a matter of course engage a forensic expert to determine what it needs for the e-voting?

ANSWER: My recommendation is to have an expert be part of the process in defining the security features. These security features must be what the service provider can deliver as part of the process.

QUESTION: Are there any particular risks for allowing voting to run for more than two days, especially as some eligible voters were allegedly disenfranchised during the last exercise?

ANSWER: E-voting allows voting from anywhere but there must be a set timeline. Once this elapses, the system should not recognise the vote. It is a good security measure to do this.

QUESTION: Must all electronic voting system be internet based?

ANSWER: Yes, electronic voting is internet based. It is dependent on internet infrastructure. However, one can explore other digital means that can let people vote offline without being connected to the internet. The question is, are there service providers to render this service? There might be and that will be great but the security must be enforced as described above.

QUESTION: What is the possibility of configuring the electronic voting system to enable the collation of votes on branch-by-branch basis instead of centrally?

ANSWER: This should be possible. The service provider should be able to do the necessary configurations as per your requirements.

QUESTION: How do election managers ensure that anonymity of votes does not imperil the electoral process?

ANSWER: Anonymity can be removed where the system only accounts for votes that have been verified. Recall I mentioned having that unique thing that identifies everyone eligible to vote. Using email and phone numbers may not be sufficient to prevent anonymity of votes.

Another way to prevent anonymity is having the system restrict voting more than once from a single device. All devices have what is known as MAC address. This must be logged and captured for every vote. This key information can be used as part of the auditing process to ensure detection of violations.

QUESTION: In our environment, not many are ICT savvy. Many depend on other members and their ICT devices to vote. If the server recognizes only one vote from a device, will it not block the device from being used by multiple voters? How can the election portal determine that the subsequent votes are not fraudulent?

ANSWER: To further address determining fraudulent votes, if the system allows people to vote multiple times from a single device, then it must ensure that the uniqueness of each vote is enforced. That brings me back to the point of what uniquely verify and validate each person eligible to vote.

This security measure is desired to avoid multiple voting by a single individual. Voting need not be restricted to computer systems only. E-voting requires internet connectivity, and all our smart phones have this capability. It is desired to ensure the exercise is credible. It’s a recommendation, too.

QUESTION: Is it correct that when an online procedure is set up for an election, such system needs to be cross checked/audited by an expert to ensure that system is in an optimal state for a free and fair election?

ANSWER: Yes, you are right. The system is expected to be test run and certified to have met set requirements.

QUESTION: What is the technical possibility of auditing 10,000 e-votes within 24 hours?

ANSWER: It is achievable so long as the process to enforce this is defined and maintained.

QUESTION: An area of concern is verifying the identity of each voter. We know that there is an existing NBA Membership Platform; how do we mitigate against individuals using the Supreme Court number of, for example, deceased lawyers? It is not inconceivable that someone can take-over the identity of a dead Lawyer, pay his/her BPF and Branch Dues, and subsequently participate in the voting process. I am of the opinion that we should use any of the government issued identity cards to verify current members of the NBA on the membership platform; that way, it will become practically impossible to steal the identity of any lawyer dead or alive.

ANSWER: You are right. Thankfully, there are unique means of identity that can be used for validating members eligible to vote. Determine which one is suitable, have a database of those records for future verification where the need arises.

QUESTION: Electronic voting that requires fingerprint may disenfranchise lawyers without limbs. How can this be mitigated?

ANSWER: The requirements are for you to decide as an association. If the use of physical features will lead to anyone being disenfranchised, then it is not a good enough means to use. Also, e-voting should not require people being physically present to vote. Voting should be from anywhere using my device. The system should handle the rest.

QUESTION: Everyone is harping on the ‘integrity of the process’ while discussing e-voting. What does integrity of the process entail in full dimension?

ANSWER: Integrity of the process means ensuring the systems are secure and that only verified and eligible people vote

QUESTION: What processes will you suggest for an effective pre- and post-election auditing of the votes?

ANSWER: As an association, there should be a register of members eligible to participate. This database of people eligible to vote can be utilized to validate the number who voted. This is a pre- and post-election exercise. I like to believe this register existS for each branch or location. If yes, this can be used to validate votes per location or chapter as the need may be.

QUESTION: Investigating hacking takes place after the conclusion of the process. How does the election manager prevent hacking from happening during the voting process?

ANSWER: Investigation takes time and efforts and is a post-election exercise. To avoid hacking, ensure the security features of the system are defined, agreed and provided. Also, recall I mentioned the system should have been test run before the real exercise. By doing this, any shortcomings would have been identified and possibly fixed before the exercise.

QUESTION: Multiple voting, falsification of records and hacking are acts perpetrated by human beings, not the system or tools. Kindly expound on this.

ANSWER: Hacking is interfering with the system that has the voting records. Data can be manipulated or deleted or damaged. These are hack activities done by humans – which can be investigated where it occurs.

QUESTION: Computer is garbage-in garbage-out; it is what is programmed that it processes. Is it not possible that it could be programmed candidate?

ANSWER: Yes, it is garbage-in, garbage-out. That is why there should be a test run. Also, recall the multiple levels of authorization I mentioned earlier.

QUESTION: Is secret voting attainable in e-voting?

ANSWER: Ensuring the secrecy of votes is a requirement that the service provider should be able to provide.

QUESTION: The Electoral Committee plans to conduct verification and voting on the platform at the same time. Does this pose any challenge logistically or to the credibility of the process?

ANSWER: No, it should not. The platform should be able to verify and allow people to vote at same time. The key is ensuring verification is efficient as defined. This is the most important requirement.

QUESTION: One of the requirements set by the Electoral Committee for IT Consultants is “Verification and confirmation of votes cast at the end of voting.” How do you reconcile this with manual interference and the need to avoid delay in releasing the result?

ANSWER: It depends on what the manual interference is required for. The system in use should be capable to do the collection, processing and reporting of results. All these should be configurable and work as designed on the application.

QUESTION: What level of access should be given especially to the key candidates on Election Day to reassure them on the integrity of the voting exercise?

ANSWER: Limited access. This should be on a need-to-have basis. Their representatives, I believe, should be able to represent them as required.

QUESTION: Will it infringe the intellectual property of the consultant if candidates bring experts to assess the efficiency of the programming?

ANSWER: I do not think it does. As there are different stakeholders with varied interest, it should help the process having experts on ground to validate that there is no rigging by any stakeholder.

QUESTION: In an ideal situation, how long before the actual voting should the list of eligible voters have been compiled, verified and certified to be accurate?

ANSWER: This, I believe, should depend on the committee organizing the exercise to decide. The key is to have the records compiled and certified okay for the exercise and validation where required. So timelines should vary based on a number of factors.

QUESTION: What are the options that could be considered for use as the unique identifier. Would a voter’s BVN be an option?

ANSWER: As per options, BVN can be used though this is not 100% guaranteed. NIN can be used also. The key is to correlate these means of identification with details of eligible voters. This should be part of the database that should be maintained.

QUESTION: It is instructive that once results are declared, it may be difficult to overturn them. As a result, all the protocols to secure the integrity of the process must necessarily be done before and during the election, not after. What are these key protocols and to what extent should especially key candidates be involved in that process to reassure all stakeholders?

ANSWER: The grounds for overturning of results should be what has been defined and agreed. There are many. First is to confirm if any of the rules were violated. Second, how many people were eligible to vote, say per chapter? How many people voted? If the records were manipulated, how did this occur, etc? Plenty of loopholes, depending on the scenario.

QUESTION: Should a post-election audit be mandatory before release of results? Is the audit something that can be achieved in 24 hours or less? What level of transparency should the audit entail?

ANSWER: Yes, audit should be before release of results. Audit duration will depend on what it entails but there should be timeline set. Transparency should be total and verifiable to all concerned. However, recall my suggestion on the need-to-know basis.

QUESTION: Would you agree that what is needed is for prospective voters to submit their bio-data details which can be run against any of the government issued identity cards and if this does not “check,” then such a person will not be allowed into system. It will be better that they are not allowed in at that point rather than letting them in first and then verifying their ID at a later date. That could be very risky.

ANSWER: This speaks to the verification process. Verification can be before voting or during voting depending on how the system is set up for the exercise. If done during voting, then the system should ensure the unique identifier constraint rule cannot be violated. For example, if the rule is to identify people with NIN, then anyone else trying to vote with different email or phone number or any other bio-data detail but already used NIN will not be allowed because the NIN has been earlier verified and utilized.
Thankfully, there are unique means of identity that can be used for validating members eligible to vote. Determine which one is suitable, have a database of those records for future verification where the need arise.

QUESTION: Is it possible to avoid the method of allowing someone to vote on your behalf or by proxy even if they are Control Room staff and they have your details? How does the election manager avoid identity theft?

ANSWER: Rather than use codes for elections, verify using unique identifier and records of participants eligible to vote.

QUESTION: What steps can be put in place to ensure that the information of verified voters from the various branches will not be tampered with? We have heard of instances where such information have been altered during the process of transmission to the Service Provider(s). What fail-safe measures can you recommend to stop an Operator who is intent on manipulating the process from the get go?

ANSWER: In forensics, there is a method to validate information. We can validate the integrity of the records generated before it is shared for upload. If it changes by anything as little as a single character, we can determine the change and hence know the record was manipulated.

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Apr 23, 2020
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  • Comments Off on NBA ELECTIONS: ‘WHAT WE WANT FROM ECNBA’ – ASPIRANTS

NBA ELECTIONS: ‘WHAT WE WANT FROM ECNBA’ – ASPIRANTS

As the Electoral Committee of the Nigerian Bar Association (ECNBA) fine-tunes modalities to select its Information Technology Specialist for the 2020 NBA Elections, some aspirants have been speaking on their expectations from the election management body.

While some told CITY LAWYER that they are confident the ECNBA would deliver free and transparent elections, others warned that it may sound the death knell for NBA if the electoral process is not fair and credible.

ALEX MUOKA
I think that it will be difficult to sincerely move forward if we do not admit the mistakes of the past. The official NBA is still in denial that anything untoward happened during the last elections. If we consider the complaints from the last process we will know what to do and or not do this time around.

Last week there was an online discourse by The Torchbearers during which an IT expert discuss e-voting. The synopsis of that engagement will be most instructive. It would be very unfortunate if there is already a predetermined bidder. It means that there is a script being acted out.

The NBA secretariat ought to have credible database of lawyers from the roll and the verification process; also from conference registrations and previous elections (for older lawyers). This data ought by now to have been integrated such that once the evidence of payment of 2020 BPF and Branch dues is inputed the secretariat would produce a clean voters list. Once this data is handed over to the committee the work of the secretariat as far as the elections are concerned is over.

The committee should allow stakeholders to interrogate the processes as they go forward and should take seriously any comments or complaints from stakeholders. There must be a post-election audit before the results are announced.

S. O. K. SHILLING
First, I adopt the submission of Learned Silk Funke Adekoya, Mrs. as reported.

Further, there are fears about the integrity of the process, hence interested party should be allowed to assess the process by their respective experts. This should be done before the negotiation is complete lest it becomes medicine after death. The integrity of this process is already staked if some things have not been done now.

BARTH OKOYE-ANICHE
The Committee should make a thorough screening of the candidates in accordance with the Constitution of NBA. The Committee in all its dealings and (at) each stage of their activities should pay strict adherence to the provisions of the Constitution. And should not conduct itself as to suggest that they already have a candidate in mind.
The issues of our NBA elections always emanate from the point of publishing the list of eligible voters, therefore I advise that the committee should do a thorough work on that and ensure that nobody who is qualified to vote is disenfranchised from taking part in the process.

Transparency is a key to every election. To demonstrate transparency, the Committee should always make their dealings open for members of the Association to scrutinize. There should be in place an avenue to communicate with the members on the activities of the Committee stage by stage. With that they can earn the confidence of members especially when the last election was perceived by many quarters as tampered with.

The members are watching very keenly to see the first step this ECNBA Committee will take especially in the area of selection of partners or ICT Company to work with amongst the bidders. This if gotten right will earn the confidence of people in the Committee. The Committee should be circumspect in that area, because it will make or mar the confidence of members. And finally on that, I suggest that the Committee go with an International ICT Company, or an Indigenous Company with no link to any of the aspirants or their seeming supporters. We have to get it right this time.

I will say that you cannot totally do away with the involvement of the staff of NBA in the electoral process of the NBA. This is because, it is this same staff or employees that are in custody of the NBA machineries and are expected to furnish any ICT Company selected with the materials to work with. So you see, it will be near impossible to conduct any election without them there to supply the data and other things to the external company or body coming to conduct the election. But what we should be talking about is how we make sure that the bad eggs in them will not have anything to do with the sensitive materials for the election, or will not have any involvement with the operation of the machineries. There should be a standing order to curtail the NBA staff’s interference with the sensitive parts of the process.

I think if the Committee follow the procedures laid down in the Constitution and the Electoral Regulation, free and fair election is achievable without stress. What breaches elections is when the supposed umpire begins to have interest in the process whether personal interest or pressured interest. If a foreign ICT Company is involved in the process from the start, I believe they still have the morals not to succumb to any pressure. Generally, I have trust on the Committee, and so far they have my full support. Even though their work is not going to be easy I pray that they succeed to give NBA the best election, in order to bring back the lost confidence in our electoral process.

ADEDOTUN ADETUNJI
Transparency is very key in this. A transparent process to invite leading players in the industry and/or advertising same in the print and/or electronic media to enable suitably qualified companies to bid will go a long way to give us a hitch free process.
I don’t like to sound pessimistic; the committee members are our colleagues and they are men of proven integrity. I do not doubt their ability to deliver on the assignment given to them. I am sure they will perform well and be fair to all concerned.

NBA staff in the circumstance are not members of the committee. The running and workings of the committee to me is the responsibility of the committee members and the successful company eventually selected to carry out the job. NBA staff should not be involved in the electoral process beyond mere/simple administrative runnings.

On the way forward, there is urgent need to improve on the accreditation process in terms of provision of enough time adequate for complaints and redress options. Secondly, there must be satisfactory voters education for members. Thirdly, all the candidates must be enlightened on the modality of accreditation, voting and counting ab initio to avoid misunderstanding of the process. The fourth suggestion is that a clear-cut, credible and acceptable election dispute resolution process should be put in place so as to avoid incessant and embarrassing litigation that have characterized NBA elections lately. Finally, an election review forum should hold where stakeholders can come to compare notes, exchange ideas and recommend better methodologies, if any.

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Apr 22, 2020
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  • Comments Off on OKUTEPA: ‘2020 NBA ELECTION IS DOOMED IF …’

OKUTEPA: ‘2020 NBA ELECTION IS DOOMED IF …’

Fiery Bar Leader and longstanding Nigerian Bar Association (NBA) Chief Prosecutor at the Legal Practitioners Disciplinary Committee (LPDC), Mr. Jibrin Okutepa SAN has predicted that the forthcoming Nigerian Bar Association (NBA) election is doomed to fail if certain challenges remain unresolved.

In an interview with CITY LAWYER, the rags-to-riches senior lawyer warned that unless the allegations that beset previous Bar elections are fully resolved, lawyers should not expect free and fair NBA elections. Continue Reading

  • EMEKA NWADIOKE
  • Apr 21, 2020
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  • Comments Off on AKINJIDE WAS AN OUTSTANDING LAWYER, SAYS GADZAMA

AKINJIDE WAS AN OUTSTANDING LAWYER, SAYS GADZAMA

Bar Leader and former Nigerian Bar Association (NBA) presidential candidate, Chief Joe-Kyari Gadzama (SAN) has described late former Attorney-General & Minister of Justice, Chief Richard Akinjide (SAN) as an “outstanding multi-jurisdictional lawyer” who “contributed monumentally” to the growth and development of the legal profession in Nigeria.

In a statement sent to CITY LAWYER, the pioneer Chairman of the NBA Section on Public Interest and Development Law (NBA-SPIDEL) said he was “saddened” by the demise of the former Chairman of Body of Senior Advocates of Nigeria (BOSAN), adding that Nigeria has lost “one of its finest” legal minds.

The statement reads:

“I was saddened to hear of the death of former Attorney-General of the Federation and Minster of Justice, Chief Richard Akinjide, SAN who passed away at the ripe age of 88 in Ibadan, Oyo State.
Until his death, he was the Chairman of the Body of Senior Advocates of Nigeria (BOSAN).

“He was an outstanding multi-jurisdictional lawyer called to both the Nigerian and English Bar. As Minister of Education in the first republic and later as Minister of Justice in the second republic, he distinguished himself. No doubt, he was a decent politician who played politics without bitterness.

“Chief Akinjide, SAN contributed monumentally to the growth and development of the legal profession in Nigeria. He was indeed a great achiever who lived a life worthy of emulation. Nigeria has lost one of its finest who will always be fondly remembered for the great legacy he left behind. May his soul rest in peace.”

Joe-Kyari Gadzama, SAN
Pioneer Chairman, NBA Section on Public Interest and Development Law, (SPIDEL)

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

 

 

  • EMEKA NWADIOKE
  • Apr 20, 2020
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  • Comments Off on NBA MUST ALLOW REAL-TIME MONITORING OF VOTING – GADZAMA

NBA MUST ALLOW REAL-TIME MONITORING OF VOTING – GADZAMA

  • SAYS ‘TAWO TAWO IS A MAN OF INTEGRITY’

Foremost litigator and former Nigerian Bar Association (NBA) presidential candidate, Chief Joe-Kyari Gadzama (OFR, MFR, SAN) has stated that a key requirement for a rancour-free 2020 NBA Elections is “real time monitoring of votes.”

In an exclusive interview with CITY LAWYER, Gadzama, the first presidential candidate to drag NBA to court to challenge the outcome of its national election conducted by electronic voting, also warned that all “principal actors” in the electioneering process must eschew throwing up a preferred information technology specialist to midwife the election.

Giving in insight into the character of the newly appointed Chairman of the Electoral Committee of the NBA (ECNBA), Mr. Tawo Eja Tawo (SAN), Gadzama stated that lawyers in the Abuja axis especially view him “as a man of integrity,” adding however that he “hopes” Tawo would sustain the rating.

His words: “There should be a mechanism to allow real-time monitoring of votes during the voting exercise.”

On the selection of an information technology specialist to partner with the ECNBA to deliver the elections, the leading arbitrator said: “This is a crucial time in the legal profession as we prepare to elect National Officers who will pilot the affairs of the association for the next two years. Any IT company to be engaged must be competent and reputable. Requisite due diligence must be conducted on any prospective IT company before engagement. It must be a company that has no real interest in who emerges as winners of the election other than a reflection of the wishes of the majority of members of the Bar.

“In engagement of an IT company, mechanisms should be put in place to ensure, as much as practicable, that the Principal Actors here do not have any affiliation, interest in or influence over the IT company. I am aware that the ECNBA has issued a request for proposal for IT consultancy. Bearing in mind the above considerations and the pre-qualification requirements in the issued RfP, if strictly adhered to, it should result to the engagement of a competent IT company.”

Speaking on growing concerns that a preferred bidder may be chosen as an IT Specialist for the elections, Gadzama said all efforts should be made to dispel such claim. His words: “You will recall that the outcome of the 2016 and 2018 NBA elections were challenged in Court and as an association, we must do everything reasonably and humanly possible to ensure that the 2020 election is conducted in a transparent manner acceptable to the majority, if not all. This process of course includes the selection of an IT company for the election. Any legitimate concern by stakeholders about the process must be taken seriously and adequately addressed. Remember that confidence and trust are key here.

“As pointed out earlier, there should be clear yardsticks and objective basis for selection of an IT company for this process and all Candidates (particularly presidential candidates) should be carried along. With the considerations already highlighted, I believe that the concerns of stakeholders can be adequately addressed. No system is perfect but once appropriate checks and balances are put in place, these concerns will be sufficiently, if not completely, addressed.”

Gadzama also weighed in on the controversy surrounding participation of NBA staff in the elections. Asked the extent to which the staff should be involved in the elections, Gadzama said: “No doubt, the NBA Constitution 2015 (as amended in 2019) vests the responsibility of conducting National Officers Elections on the ECNBA. Particularly, Paragraph 2.3 (c) of the Second Schedule to the NBA Constitution makes it the duty and responsibility of the Electoral Officers to control, conduct and manage the elections. Also see paragraph 2.1 (a) of the Second Schedule.

“However, there is still some level of involvement of the National Secretariat which, of course, is manned by NBA Staff. For example, paragraph 2.1 (c) of the Second Schedule to the Constitution provides that completed forms received in respect of elections into national offices shall be forwarded to the National Secretariat and thereafter referred to the Electoral Committee. In further demonstration of possible roles of the National Secretariat in the process, I also refer to Paragraph 2.3 (d) of the Second Schedule which gives the National Secretariat the responsibility, in conjunction with the ECNBA, to publish the full list of all legal practitioners qualified to vote.

He adds: “The NBA Secretariat is manned by NBA Staff and, as highlighted above, there are certain roles and activities to be performed by the Secretariat in the process. Because NBA Staff are also human and may have personal interest in the outcome of the election, it is advisable that their participation in the process should be limited and/or restricted to assuage the genuine fears of those who may have cause to worry that they may be used to manipulate and/or confer undue advantage on any candidate.”

Given that he took the unprecedented step of challenging the 2016 presidential election in court, CITY LAWYER asked the popular Bar Leader to plot a roadmap to a rancour-free 2020 National Officers Elections. Gadzama advised that aside from availing all candidates a level-playing field, the ECNBA must eschew arbitrary disqualification of aspirants. Also, voter registration and verification must be transparent while the candidates must be given access to interrogate the electoral process.

His words: “The need for an acceptable NBA election cannot be over-emphasized. The outcome must reflect the choice of the majority of members. The ECNBA must ensure a level-playing field for all candidates.

“In the past, there have been genuine complaints against unjustifiable disqualification of aspirants for elections. A National Publicity Secretary in the previous administration had to challenge his disqualification in Court which gave judgment in his favour. These sorts of things should be avoided. The process of screening of aspirants should be transparent in line with the provisions of the Constitution and no aspirant should be victimised and/or unjustly disqualified.

“All candidates must also be treated equally by the ECNBA. It should be a fair contest. No candidate should be given undue advantage whether knowingly and unknowingly. The candidates must be allowed to investigate and interrogate every step of the election process without interfering with the work of the Committee.

“It is important that the guidelines to be issued by the ECNBA as required by paragraph 2.4(c) of the Second Schedule should be in line with the provisions of the NBA Constitution 2015 (as amended in 2019). The need for the principle of universal suffrage as enshrined in the Constitution to be upheld and given effect cannot be over-emphasized. Universal Suffrage to my mind in this context is the right of all eligible members of NBA to freely vote for candidates of their choice without let or hindrance. Paragraph 2.2(f) of the Second Schedule to the Constitution is also instructive here. Thus, all foreseeable obstacles and/or impediments capable of disenfranchising any member should be contemplated, addressed and eliminated in advance in order to ensure a smooth and acceptable process. There should be a mechanism to allow real-time monitoring of votes during the voting exercise.”

He adds: “Another important area which will be covered in the guidelines is the voter registration process. Voter registration is a pre-condition for voting in the election as stipulated in paragraph 2.2(f) of the Second Schedule to the NBA Constitution. Thus, the registration process should be seamless and transparent. We should be able to have an accurate and verifiable number of registered voters at different levels at the end of the process. Also germane here is that the verification of votes intended in paragraph 2.8 of the Second Schedule should indeed reflect a verifiable process capable of ascertaining the authenticity of any collated votes.”

Though there have been concerns on whether the ECNBA will maintain sufficient independence from the NBA leadership, Gadzama however said its chairman is well regarded by the legal community in Abuja where he practices.

His words: “I want to commend the ECNBA for the good work the Committee is already doing. I have seen the preliminary notice of election dated 15/04/20 already issued by the ECNBA. I am confident that the Committee under the able leadership of Tawo Tawo, SAN will do a good job that we will all be proud of as an association. Tawo is already known to many of us here in Abuja as a man of integrity but this is an opportunity for those who do not know him to review our assessment of him as well as judge his personality. I hope, pray and wish that he sustains the accolade we have given him.”

Mr. Abubakar Mahmoud SAN was declared winner of the presidential election in the NBA National Officers Elections conducted via electronic voting. He polled 3,055 votes while Gadzama garnered 2,384 votes. But Gadzama rejected the results, stating that the election was fraught with irregularities.

A statement by Mr. Garba Gajam and Mr. Steve Abar, Director General and Secretary respectively of the Gadzama Campaign Organisation, said: “Having reviewed the situation and circumstances before and during the elections, to wit: the non-credibility of the elections; the lack of transparency; the non-automatic collation of the results on the display screen; the open partisanship of Mr. Austin Alegeh, SAN (who worked with the ECNBA) for the declared winner; and the delay for over one hour and 20 minutes before releasing the results after the close of polls at 12 midnight on Sunday, July 31, 2016, all these in total disregard for the concerns we had hitherto raised in our previous correspondence with the ECNBA, we hereby, reject the results of the elections and call for the immediate cancellation of same for failing to be credible, transparent, free and fair, and for failing to comply with the provisions of the NBA constitution and the Electoral Guidelines. We also call for the conduct of fresh electronic, not Internet, elections that will be credible, free and fair and in compliance with the provisions of the NBA constitution and the Electoral Guidelines.”

Gadzama was admitted to the Nigerian Bar in 1986 and the Bar of England and Wales (Lincoln’s Inn) in 2008. He took Silk in 1998 – being the first among his 1986 set – and was the Chairman of the National Working Group on Domestication of the Rome Statute in Nigeria. A leading arbitrator and member of several domestic, regional and international arbitral centres, Gadzama has participated as presiding arbitrator, party nominated arbitrator, sole arbitrator and lead counsel in several landmark commercial arbitration matters.

He was Chairman of NBA Abuja Branch and pioneer Chairman of the NBA Section on Public Interest and Development Law (NBA-SPIDEL). A chartered arbitrator, Gadzama is a fellow of several institutes, including the Chartered Institute of Arbitrators (UK), Nigerian Institute of Advanced Legal Studies (NIALS), Institute of Chartered Mediators and Conciliators (ICMC).

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NBA ELECTION: ‘DON’T USE NIGERIAN ICT PARTNER,’ ADEKOYA WARNS ECNBA

• ‘THIS IS OUR LAST CHANCE’

Former Nigerian Bar Association (NBA) presidential candidate, Mrs. Funke Adekoya SAN has warned the Electoral Committee of the NBA (ECNBA) to steer clear of Nigerian information technology specialists if it plans to deliver free, fair and credible elections.

In an exclusive interview with CITY LAWYER, Adekoya warned that the forthcoming NBA National Officers Elections would be doomed if local ICT specialists are deployed for the elections, adding that “this is our last chance” to restore credibility to NBA’s electoral process given the rancour that has attended previous NBA elections.

She also noted that Nigerian ICT firms have been reportedly unreliable in previous elections. Her words: “Don’t use a Nigerian based entity or system; there are allegations that those used in the past have been hacked into and the voting was compromised.”

Instead, the foremost litigator who is also listed as a “thought leader” by the influential “Who is Who Legal” urged the Mr. Tawo Tawo SAN-led ECNBA to look beyond Nigeria’s shores for established electronic voting entities to conduct a rancour-free poll. She said: “The Committee does not need to re-invent the wheel; there are accredited international election conducting platforms that various Nigerian associations have used to conduct elections for their members for the past few years. Examples are https://www.eballot.com/, https://electionrunner.com/, https://electionbuddy.com/ and https://nvotes.com.”

On concerns that the bidding process may favour a pre-determined bidder, Adekoya said: “If they do that, it will be the death knell for the electoral process in the NBA. The IT platform must be agreed to by all the candidates.”

The former NBA presidential candidate warned that very minimal role must be given to NBA staff in the electoral management process to avoid compromising the poll. Her words: “Their (staff) only involvement should be to provide the election platform with access to the list of accredited voters. This list is all the lawyers who paid their practising fees by 31 March. Their email addresses should be accessible on the ‘Find a Lawyer’ portal of the NBA website.”

The ECNBA seems to have followed previous tradition where NBA staff are deployed as the committee’s clearinghouse. Both ECNBA notices seeking bids from information technology specialists as well as the committee’s preliminary notice on the elections give roles to NBA staff. This has raised doubts on the committee’s resolve not to be tied to the apron strings of the NBA but rather to keep an arm’s length relationship with NBA HOUSE.

On ways for the Electoral Committee to guarantee transparent and rancour-free elections, the highly decorated Founding Partner at AELEX said: “The Committee members must be IT savvy; they must have presided over, organised or been involved in online voting systems before now so they can understand the proposals presented, identify any areas where the system could be corrupted if a locally based provider is used and block all loopholes. In a properly run system, the results should be available within 24 hours.

“For transparency purposes, a delegate of each candidate should be a member of the Election Committee and participate in all decision making processes. Finally, keep Nigerian IT specialists out of the process. With the rancour generated over the last two elections in the NBA and the NMA, we must restore credibility to the system. It’s our last chance.”

Adekoya was in 2014 adopted by the Chief Bandele Aiku SAN-led Egbe Amofin O’odua as its sole candidate for the NBA presidential election. However, a split within the zone saw to the emergence of Mr. Dele Adesina SAN and Chief Niyi Akintola SAN as presidential candidates. Analysts argue that the inability of the Yoruba bloc to present a sole presidential candidate gifted the race to Mr. Augustine Alegeh SAN.

Adekoya heads the Dispute Resolution Practice Group at AELEX. Appointed Notary Public in 1986 and elevated to the rank of Senior Advocate of Nigeria (SAN) in 2001, Adekoya has over 45 years experience in litigation and arbitration. She has acted in numerous disputes as either party appointed Arbitrator, Sole Arbitrator or Presiding Arbitrator. A Life Bencher, she is a member of the International Bar Association (IBA), International Federation of Women Lawyers (FIDA), LCIA African Users Council and a Fellow of the Chartered Institute of Arbitrators (UK).

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

SPECIAL REPORT: TAWO TAWO SAN – THE MAN WHO’LL MAKE OR MAR NBA

Mr. Tawo Eja Tawo SAN is obviously one of the most important stakeholders in Nigerian Bar circles today. In fact, it is believed that the fate of Africa’s largest Bar association may depend on what he does or fails to do in the coming weeks leading up to the 2020 National Officers Elections of the Nigerian Bar Association (NBA). Continue Reading

N5M COVID-19 PALLIATIVE: SANs, OTHERS CARPET, HAIL AKPATA

A N5 million relief package funded by Nigerian Bar Association (NBA) presidential aspirant, Mr. Olumide Akpata and “his friends” and administered by the NBA Lagos Branch has raised a firestorm within the Bar, pitching many lawyers against their colleagues.

The fiery debate on the propriety of the palliatives was set off by a notice by NBA Lagos Branch Chairman, Mr. Yemi Akangbe when he urged “members of the Branch that genuinely need this support” to email him and other named branch Executive Committee members.

Continue Reading

FORMER SCRIBE HAILS NBA AT NEC

Former Nigerian Bar Association (NBA) 1ST Assistant Secretary, Mr. Okey Leo Ohagba has advised lawyers to be “more selfless in offering meaningful contributions towards repositioning the NBA as that Voice of the Voiceless.”

In a goodwill message to NBA National Executive Committee (NBA-NEC) members, he also called on lawyers to “focus more on welfare and capacity building programs for lawyers (especially the young lawyers), so as to enable them compete more favorably in the emerging global legal market.”

Below is the full text of the message.

GOODWILL MESSAGE

It is my profound pleasure to felicitate with the NBA President, Paul Usoro, SAN, NBA NEC Members and observers alike, as we converge in Abuja for the National Executive Committee (NEC) Meeting of our dear Association, holding from the 4th to the 6th day of December, 2019.

As we gather to lend our voices for the good of our Nation and particularly our NBA, I call on us to be more selfless in offering meaningful contributions towards repositioning the NBA as that “Voice of the Voiceless”, particularly at a time when our nation’s core democratic foundations are being threatened, even more overtly.

Let me also remind us that the future of the Bar and Legal Profession in Nigeria can only be assessed by the level of investment we make today in younger members of the profession. Therefore, I urge us to focus more on welfare and capacity building programs for lawyers (especially the young lawyers), so as to enable them compete more favorably in the emerging global legal market.

Finally, I wish the NBA – NEC, fruitful deliberations and meaningful resolutions. Do have a pleasant stay in the Federal Capital Territory

and journey mercies to and fro your respective abodes.

With Compliments from;

Okey Leo Ohagba

Immediate Past NBA 1st Asst. Secretary

ODUAH TASKS NBA AKURE ON POLITY

Former Nigerian Bar Association (NBA) National Treasurer, Joyce Oduah has tasked NBA Akure Branch to “look at myriads of challenges facing our polity and proffer deep and lasting solutions.”

In a Press Statement made available to CITY LAWYER, Oduah hailed the branch on its Law Week which kicked off today, “especially the intellectual discourse sessions.”

Below are details of the statement.

“I congratulate the Executive Committee, Elders and Members of the Nigerian Bar Association, Akure Branch on the occasion of their 2019 Law Week and Dinner which commences from Monday 2nd – Friday 6th December, 2019 in Akure, Ondo State.

“I believe as you celebrate this week’s activities, especially the intellectual discourse sessions, you will be able to critically take a look at myriads of challenges facing our polity and proffer deep and lasting solutions that will have a far lasting positive effect on the polity of our great country.

“Once again, I say congratulations and God bless.”

Joyce Oduah, FCIMC
Former National Treasurer, NBA. 2012-2014.
1st ASST. SECRETARY, NBA LAGOS. 2000-2002
PUBLICITY SECRETARY, NBA LAGOS. 2007-2009
SOCIAL SECRETARY, NBA LAGOS. 2009-2011.

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

SBL HOLDS FORUM ON BUSINESS STRATEGY TODAY

The Law Practice Management Committee of the Nigerian Bar Association Section on Business Law (SBL-LPMC) will today hold a forum in Lagos to educate lawyers on strategies for business realignment.

In a statement by the Chairman of NBA Section on Business Law (NBA-SBL), Mr. Seni Adio SAN and made available to CITY LAWYER, the organisers stated that the workshop would among others focus on the “critical need for innovation, dynamic change and capacity building in the legal profession.”

Below is the full text of the press statement.

Continue Reading

MUOKA URGES EBF TO TACKLE NATIONAL ISSUES

Former Chairman of Nigerian Bar Association (NBA), Lagos Branch, Mr. Alex Muoka has urged members of the Eastern Bar Forum (EBF) to tackle “issues of compelling national urgency” as they meet today in the “Garden City” of Port Harcourt.
Continue Reading

SPA AJIBADE BUSINESS LUNCHEON HOLDS TODAY

The much anticipated business luncheon sponsored annually by the leading law firm of S. P. A. Ajibade & Co will hold today in Lagos.

According to a statement made available to CITY LAWYER, the event will hold at Radisson Blu Anchorage Hotel, Victoria Island, Lagos.

The statement reads:

All is set for the 2019 edition of the Annual Business Luncheon of S. P. A. Ajibade & Co. Themed: Forum for the Resolution of Civil Disputes: the Courts V the Law Enforcement Agencies, the Business Luncheon which is the 12th in its series, will feature seasoned experts in law practice and law enforcement.

According to Dr. Babatunde Ajibade, SAN, Managing Partner of the firm, the Annual Business Luncheon which has been hosted since 2008 was inspired by the need to give back to the legal profession, as part of the firm’s corporate social responsibility.

Explaining its relevance to the legal sphere in Nigeria, Dr. Ajibade said “Over the years, the themes of the Business Luncheons, just like the forthcoming one have been focused on aspects of the legal profession which are topical, give course for concern and require discussion. Members of the firm are passionate about the legal profession and hope to see it regain its pride of place among professions.”

The event which will see a gathering of legal practitioners from around the country will be chaired by Honourable Justice Amina Augie, JSC, with the keynote address to be delivered by Mr. Olasupo Sashore, SAN, former Attorney-General and Commissioner of Justice in Lagos State. On the panel of discussion, Honourable Justice Biobele A. Georgwill, JCA, Mr. Omoyemi Akangbe, Chairman NBA Lagos branch and Mr. Fatai Owoseni, former Commissioner of Police,
Lagos state will deliberate on the appropriate forum for resolving civil disputes.

The Business luncheon is scheduled to hold on the 14th of November 2019 at the Radisson Blu Anchorage hotel, Victoria Island, Lagos. S. P. A. Ajibade & Co., a leading corporate and commercial law firm in Nigeria established over 50 years ago, has continuously rendered sound technical advice and tailored solutions to its local and international clients. It has cemented its reputation as a Firm that ensures clients’ needs for legal services are satisfied in a timely, ethical and effective manner.

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

TRAINING ON COMPANY LAW & CORPORATE GOVERNANCE FOR WEDNESDAY

A two-day packed workshop awaits participants at intensive training programme by experts on Company Law and Corporate Governance.

Holding from tomorrow at Lekki, the workshop also attracts Nigerian Bar Association (NBA) Mandatory Continuing Legal Education credits.

Below is a statement from the organisers:

Do you want to have a clear edge in Company Law & Corporate Governance?  

Would you consider being trained by the experts in a hands-on manner and at the same time earn full NBA-ICLE credit? 

If yes, please join in this forthcoming training. 

TARGET PARTICIPANTS: Legal Practitioners, Company Secretaries & Heads of Governance, Legal Advisers, Managers and Executives in Corporate Bodies; Lawyers in Banks, Insurance Companies, Mortgage Institutions and Regulatory Agencies, Compliance Officers, etc

DATE: November 13 & 14, 2019

VENUE: 11b, Christ Avenue, Off Admiralty Road,
Lekki Phase 1, Lagos.

FEE: N40,000 only. 

40% discount open for Young Lawyers of 1-7 years post call. 

For more info please call: Zortura on 09060007472 or email zortura@gmail.com; info@ledapnigeria.org

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NGIGE TO CHAIR LAW SCHOOL ALUMNI E-PORTAL LAUNCH

Leading litigator and Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige SAN will hold court tomorrow as the 1989 Class of the Nigerian Law School launches its ground-breaking e-Learning/e-Mentoring/e-Continuing Legal Education (CLE) portal. The event is a part of the activities to mark the 30th anniversary reunion Dinner & Awards of the Nigerian Law School Alumni Class of 1989. Continue Reading

WE WILL BOYCOTT COURTS SOON IF…, WARNS USORO

  • PUBLIC PROTEST: FALANA STORMS ABA

Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN has warned that lawyers may soon embark on a boycott of the courts if judges of the Court of Appeal and Nasarawa Area Court are not freed by their kidnappers.

Speaking at the opening ceremony of this year’s Annual Conference of the NBA Section on Public Interest and Development Law (NBA-SPIDEL) also tagged “revival” conference, Usoro said lawyers would soon have no option than to shun the courts to press their demand for release of the judicial officers.

His words: “We are the ones to speak for the judiciary; they do not have a voice. It behoves us (NBA) to speak on their behalf. A couple of them very very sadly have been kidnapped in recent days. You wouldn’t see any press release from the judiciary because they do not have a voice.

“It is we – the Nigerian Bar Association – that will fight for them, which will tell the authority that they have to take certain steps. If it gets to the extreme and – as we did not too long ago – we decide that we are going to boycott the courts to make a point, that is what we lawyers are for. If we are not united it becomes difficult for us to achieve. That is something I would like all of us to bear in mind.”

He noted that globally, lawyers are “recognized as the voice of the voiceless,” adding that “If you do not defend them, nobody will.”

It is recalled that Justice Chioma Nwosu-Iheme of the Benin Division of Court of Appeal and Honorable Likita Ewa, a judge of an Area Court in Nasarawa State were kidnapped recently and are still in the kidnappers’ den.

Usoro urged members of the Aba Branch of the NBA to close ranks and resolve the crises rocking the branch, noting that “This is very important as without being united, it is very easy for people to further divide us. Our strength lies in our unity.”

Commending the SPIDEL leadership and the Abia State Government for its “magnanimity,” the NBA President also thanked the judiciary for attending the event in large numbers “particularly in these dangerous times when simply being seen with lawyers could be misconstrued.” He prayed God to give them the “wisdom to dispense justice without fear or favour.”

In his keynote address, Attorney General & Minister of Justice, Mr. Abubakar Malami SAN commended the NBA for using the law “as an instrument of social change.”

Saying that SPIDEL is facilitating its core objective of promoting public interest by organizing the conference, Malami who was represented by Mr. Aikomo Abiodun, his Special Assistant on Anti-corruption & Contracts Implementation, also commended SPIDEL Chairman, Dr. Paul Ananaba SAN and his team for hosting the highly successful conference.

On his part, Chairman of the National Human Rights Commission (NHRC), Mr. Tony Ojukwu noted that “Our being human would be incomplete without enjoying these rights,” pointing at banditry, communal clashes, insurgency, kidnapping, farmers/herders crises, weak electoral system, unemployment, decayed infrastructure, poverty, and violation of rights by state actors as some of the factors that threaten enjoyment of human rights.

Represented by Mr. Olaniyi Omodara, the NHRC chieftain described the theme of the conference as “well thought out,” adding that the NBA and especially SPIDEL “is an important partner” in the commission’s quest to reform the regime of rights available to Nigerians.

The opening ceremony was followed by two technical sessions. The session on “Public interest lawyering: Global best practices and development” was chaired by Abia State Chief Judge, Justice Onuoha Ogwe. Leading human rights strategist, Dr. Sam Amadi was the lead speaker.

The session on “Executive orders as tools of governance – Prospects and challenges” drew the curtains on the day’s events. While the sessionwas chaired by Mr. Israel Usman, the lead speaker was Dr. Chukwudi Odoeme, Head of Legal Unit, Nigerian Educational Research and Development Council (NERDC). The panelists included former NBA General Secretary, Mr. Emeka Obegolu; former NBA Treasurer Joyce Oduah; former member of NBA Criminal Justice Reform Committee, Mr. Emeka Nwadioke and senior lawyer Udochi Iheanacho.

WHAT OTHERS ARE SAYING

MR. ABUBAKAR ALIYU
Director General, Legal Aid Council of Nigeria
We have tried as much as possible to collaborate and cooperate with NBA especially SPIDEL to promote human rights. There is nothing more important than assisting indigent Nigerian to gain access to justice.

The kind of pleasure I derive from obtaining ordinary bail for somebody who has stayed five years in prison awaiting trial is indescribable. I commend SPIDEL for the work it is doing. I am always participating in SPIDEL activities, and will continue to collaborate with SPIDEL.

OLUMUYIWA AKINBORO SAN
Former NBA General Secretary
This is one of the best and most packed conferences I have ever attended. There are benefits that come by virtue of pro bono work. If one is to wait for that juicy brief, one may wait for a long time. However, by going to court and representing indigent clients, a lawyer may gain more experience and confidence. Everyday we go to court, we get better.

There is nothing that gives more satisfaction than helping another person. It is recalled that the Late Chief Gani Fawehinmi SAN and Mr. Femi Falana SAN became very popular through their public interest litigation work. You invariably end up being celebrated. I want to encourage us to take up the challenge of lawyering in the public interest.

DR. PAUL ANANABA SAN
SPIDEL Chairman
Nigeria is at a transformational stage; only public interest and pro people policies as well as development law initiatives is needed to provide credible and enabling environment for sustainable results. This need and service to the people are what SPIDEL stands for; NBA’s link and commitment to the rule of law and justice.

Through interactions on these issues at this conference, SPIDEL will be strengthened and positioned to lead NBA’s mandate as the watcher of government’s policies, governance framework, citizenship issues and so on. SPIDEL is ready to give urgency to activities that will reverse governance, administrative and legal failure to alleviate the suffering of the maases.

MR. IKEAZOR AKARAIWE
Chairman, Conference Planning Committee
The Nigerian Bar Association (NBA) Section on Public Interest and Development Law is arguably the most important section of the NBA, the other sections being Section on Legal Practice and Section on Business Law. SPIDEL proposes a regime of public interest and development awareness. Public interest and development advocacy and litigation is why Nigeria escaped the long night of military dictatorship. This conference of SPIDEL is coming at a time when democratic fascism is on the rise and corruption has rendered development all but comatose.

The gains of this conference must be that every lawyer realizes that our priesthood in the temple of justice of necessity clothes us with the toga of development warriors. We must use the courts and responsible social media usage to advance the interest of the public and development in Nigeria. We can do no less.

The conference continues today with several technical sessions including the eagerly anticipated session on public protest law which has firebrand social crusader, Mr. Femi Falana SAN as the lead speaker.

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

SPIDEL 2019: WE HAVE GREAT EXPECTATIONS, SAYS ANANABA

The Chairman of the Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Paul Ananaba SAN has assured delegates to this year’s SPIDEL Annual Conference that they are in for a pleasant surprise as the conference kicks off today with an opening ceremony.

Speaking with CITY LAWYER on the grounds of the conference at ADDREX Hotels, Aba, Ananaba said that many of the invited guests and speakers are already on ground, adding that each delegate would have his or her money’s worth.

Meanwhile, among the early bids cited by CITY LAWYER at the conference are Mr. Abiodun Aikhomu, a Special Adviser representing Attorney-General of the Federation, Mr. Abubakar Malami SAN; Chief Judge of Abia State, Justice Onuoha Ogwe; Solicitor General of the Federation, Mr. Dayo Apata SAN; Justice Livingstone Eruba of Abia State High Court; former NBA General Secretary, Mr. Olumuyiwa Akinboro SAN; former NBA Section on Business Law Chairman, Mr. Olumide Akpata; former NBA Treasurer, Joyce Oduah who is sponsoring some delegates to the conference, and Mr. Okey Leo Ohagba, former NBA First Assistant Secretary.

Basking in the euphoria of the successful welcome cocktails hosted by Abia State Attorney General & Commissioner for Justice, Mr. Uche Ihediwa, Ananaba said: “We are expecting a grand opening ceremony. The Attorney General & Minister of Justice’s (Abubakar Malami SAN) representative and his team are here already; the Chief Judge of Abia State and the Governor of Abia State and a few other governors expected are going to be there. We have some senior advocates of Nigeria from all parts of the country and very senior lawyers, former chairmen of sections and branch chairmen; it is going to be great here.

“You could see that even the welcome cocktail was described glowingly by one of the attendees, a veteran from the beginning of SPIDEL. He said that SPIDEL has never had a night like this! As I speak to you, two state delegations are on their way coming – one from Kano and one from Jos (Plateau), coming to join us. That is the spirit! And we are expecting that to be on display tomorrow morning (today).”

Speaking on the success of the welcome cocktails, the SPIDEL Chairman said: “It surpassed expectations – even my own expectations: live band, pool side, the two sets of caterers had varieties; people had their best expectations met.”

It is recalled that the opening ceremony starts by 9 am today and will witness the Conference Planning Committee Chairman and former NBA First Vice President, Mr. Ikeazor Akaraiwe giving the welcome remarks while Ananaba will deliver the opening remarks.

Goodwill messages will be received from former NBA President, Dr. Olisa Agbakoba SAN; pioneer SPIDEL Chairman, Chief Joe Kyari Gadzama SAN, and Chairman of the Local Organizing Committee (LOC), Chief Chibuike Nwokeukwu SAN. NBA President, Mr. Paul Usoro SAN will deliver his address, setting the stage for Malami’s Keynote Address. This will be followed by the Conference Opening Speech by Abia State Governor, His Excellency, Dr. Okezie Ikpeazu and a cultural interlude by the Abia Cultural Troupe. A vote of thanks by SPIDEL Secretary, Mr. Kola Omotinugbon will draw the curtains on the opening ceremony.

Among the 16 technical sessions for the much anticipated conference which signals the resurgence of SPIDEL are Public Interest Lawyering, Global Best Practices and Development; Executive Orders as Tools of Governance – Prospects and Challenges; Public Protest and the Law, and Managing Security Challenges and Public Interest Issues.

Others are Business and Human Rights: Global Principles and Best Practices; Alternative Dispute Resolution: Utilizing Institutional and Legal Strategies for Managing and Resolving Companies-Host-Communities (C-H-C) Conflicts; Promoting the Rule of Law; Roles and Perspectives of Attorneys General as State Actors; Implementation of Nigerian Correctional Service Act 2019: The Role of Civil Society Organizations and Legal Community, and The Judiciary, Human Rights and Public Interest Litigations.

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TECH LAW SUMMIT HOLDS TOMORROW IN LAGOS

Stakeholders in the legal technology and innovation sector will tomorrow brainstorm on emerging trends in the industry at the 2019 Innovation and Tech Law Summit holding in Lagos.

Billed to hold at the popular Commerce House, Victoria Island, Lagos, the event will witness the cream of industry experts dissecting several aspects of the subject.

Below is a Press Statement made available to CITY LAWYER by the organisers of the summit. Continue Reading

NBA ELECTIONS: EGBE AMOFIN MOVES TO PICK CONSENSUS PRESIDENTIAL CANDIDATE

Egbe Amofin O’odua, the once influential umbrella body of lawyers of Yoruba extraction, is set to forge a consensus towards the 2020 Nigerian Bar Association (NBA) Elections at its meeting today in Ibadan.

A notice of meeting curiously sent out by the Publicity Secretary of NBA Ibadan Branch, Mr. Femi Omotayo stated that the meeting which starts at 11 a. m. would hold at the Aare Afe Babalola Bar Centre, Ibadan, adding: “Your attendance is highly anticipated and necessary as matters affecting our common interests will be placed on the table.”

Omotayo assured that the meeting would be attended by “who is who” among the Yoruba legal elite. On whether the breakaway South West Lawyers Forum (SWLF) would attend the meeting, he described the faction as an “infinitesimal group,” adding that there is no recognition for any such group.

There are strong indications that the forum may however not pose as serious challenge to today’s meeting, as political watchers believe that it had the backing of leading NBA presidential aspirant, Mr. Dele Adesina SAN. Adesina is believed to share similar political sentiments with foremost litigator, Chief Wole Olanipekun SAN was the. Both are also in-laws.

The Chairman of Egbe Amofin, Chief Bandele Aiku SAN is now deceased. Olanipekun is the Vice Chairman of the forum, though some Egbe members challenged his position, arguing that his position was never ratified by the forum.

CITY LAWYER gathered that today’s meeting was a product of an earlier meeting convened by Olanipekun on August 28, 2019 on the sidelines of the NBA Annual General Conference. A source who was at the meeting told CITY LAWYER that the only major agreement at the meeting was the resolution that the Egbe should produce a consensus presidential candidate for the forthcoming NBA Elections.

Among those who attended the meeting are former NBA President, Chief (Mrs.) Priscilla Kuye; Chief Adegboyega Awomolo SAN; Chief M. A. Ajomale, and Mr. Femi Falana SAN among others.

Presently, there are four presidential aspirants who are said to be eyeing the coveted post, including Adesina, Mr. Muyiwa Akinboro SAN, Dr. Babatunde Ajibade SAN and Mr. Adesina Ogunlana, the only aspirant who is not a Senior Advocate of Nigeria (SAN).

Mr. Martin Ogunleye, former Chairman of NBA Lagos Branch told CITY LAWYER that the Lagos meeting “emphasized the urgent need for a rebirth of Egbe,” adding that the breakaway South West Lawyers Forum (SWLF) has “merged back” to the parent Egbe forum.

Ogunleye, who is also the Chairman Egbe Amofin N’ile Eko, said that the meeting would be “co-hosted” by chairmen of NBA branches in the South West, adding that Olanipekun would “most likely” chair the meeting. Asked whether 2020 NBA Elections was an item on today’s agenda, he said: “You cannot rule out politics in human affairs.”

It was unclear at press time whether there is a split within the leadership of Egbe, as its Secretary, Mr. Ranti Ajileti told CITY LAWYER that he would not attend the meeting. His words: “I am not involved in the planning of the meeting. But I am not opposed to convening of the meeting. My not attending is due to circumstances and not by design.” It is recalled that Ajileti was lampooned by some Egbe elements for standing by the Eastern Bar Forum’s (EBF) endorsement of Chief Arthur Obi Okafor for the 2018 NBA presidential race.

A source close to Ajibade told CITY LAWYER that “Dr. Ajibade SAN is attending in full force.” Feelers from the camp of another leading candidate, Mr. Olu Akpata showed that he may not attend the meeting, adding that the forum is for Yoruba lawyers and that “no invitation has been extended to him to attend.”

There are strong indications that forging a consensus among the aspirants may pose the toughest challenge for the resurgent Egbe, as the aspirants are said to belong to disparate ideological divides and cleavages. Today’s meeting is viewed by many watchers of Bar politics as crucial in determining the fate of the Yoruba bloc in NBA politics.

Though there are fears that Olanipekun may desire a rebirth of the Egbe as a launch-pad for Adesina’s presidential ambition, analysts argue that it would be an uphill task, with many saying that he has only “one vote” when the chips are down. They argue that only a transparent process will prevent the Egbe from receding into irrelevance again.

It is recalled that lack of consensus by the Egbe gifted the 2014 presidential race to former NBA President, Mr. Austin Alegeh SAN. A similar disagreement by the South East bloc led to the emergence of current NBA President, Mr. Paul Usoro SAN. Analysts believe that today’s meeting is geared towards preventing a recurrence of the 2014 debacle.

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EXCLUSIVE: NBA ELECTIONS – WHY EFCC QUIZED NBA CHIEFTAIN

The Economic and Financial Crimes Commission (EFCC) may have swooped on senior lawyer and Nigerian Bar Association (NBA) administrative lynchpin, Sarah Ajijola over an alleged cash payment received from one of the presidential candidates in the last elections.

An impeccable source who is familiar with the EFCC investigations told CITY LAWYER that Ajijola, NBA’s Director of Membership & Bar Services, was pulled in by the anti-graft agency for questioning over a N25,000 inflow into her bank account in the run-up to the controversial 2018 NBA Elections.

The EFCC is investigating the outcome of the elections following an alleged petition by Mr. Olumuyiwa Olowokure who was an agent to Chief Arthur Obi Okafor SAN, one of the presidential candidates in the elections. Olowokure is now deceased.

As the overseer of the NBA database, Ajijola worked closely with the Professor Auwalu Yadudu-led Electoral Committee of the NBA (ECNBA) in generating a register of voters for the elections. Reputed as highly knowledgeable in NBA affairs, Ajijola was quizzed for several days over the inflow. It was however unclear at press time whether the anti-graft agency was able to make a headway in its investigations into the elections following this latest effort to track those who allegedly rigged the Bar elections.

CITY LAWYER sent whatsapp messages to Ajijola requesting her response on the subject. When CITY LAWYER noticed that the messages remained unread, CITY LAWYER alerted Ajijola via SMS. Though there was compelling evidence that the whatsapp messages were read, Ajijola however did not respond to the enquiries even after CITY LAWYER made another request for a feedback.

CITY LAWYER gathered that Ajijola was released when NBA President, Mr. Paul Usoro SAN dispatched NBA Legal Adviser, Mr. Innocent Eze to Lagos to secure her release. It was gathered that Eze was able to persuade the anti-graft agency to let the NBA top officer off the hook. He was said to have processed the administrative bail granted Ajijola, leading to her release from EFCC custody.

Though some lawyers had frowned on Ajijola’s prolonged detention, there are strong indications that this may not be unconnected with the fact that key NBA chieftains were heading to Seoul, South Korea to attend the International Bar Association (IBA) Annual Conference barely a few days after she was picked up by EFCC operatives and whisked away to their Lagos Office.

Usoro was declared winner of the election, having polled 4,509 votes to beat Okafor and former Nigerian Law School Deputy Director General, Prof. Ernest Ojukwu SAN. While Okafor garnered 4,423 votes, Ojukwu polled 3,313 votes to place third.

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UNIFIED CRIMINAL CODE SOON – AKINSEYE-GEORGE

It was a charged atmosphere in Lagos as jurists dissected the draft Unified Penal and Criminal Codes initiated by the Centre for Socio-legal Studies. The roundtable which held at Lagos Ibis Hotel, Lagos was designed to seek inputs from stakeholders towards fine-tuning the draft into a bill.

In a welcome address to the national workshop on the reform of criminal/penal codes and the Code of Conduct Bureau and Tribunal Act, Professor Yemi Akinseye-George SAN, President of the centre, said the forum is designed to share the proposals being developed at the centre for improving criminal justice administration and strengthening accountability and transparency in Nigeria.

According to the foremost jurist, “The centre has been conducting studies into the substantive criminal laws, particularly the Penal Code and the Criminal Code as applicable to federal offences.”

“In addition to presenting the findings from our studies of the federal criminal provisions, this workshop will also enable the centre to receive additional inputs from the stakeholders in Lagos and other Southern States,” he said. “This workshop is part of a larger project which seeks improvements not only in the procedural laws relating to the anti-graft campaign but also in the substantive criminal laws which would have lasting impact on the struggle to build the legal system into a stronger bulwark for transparency and accountability.”

Bemoaning the fact that Nigeria’s substantive laws are trailing the Administration of Criminal Justice Act 2015 (ACJA), the leading law reform advocate said: “Clearly, our society has changed so drastically in the last sixty years so much so that the laws which were made in the sixties are no longer capable of addressing the needs and challenges of the present.”

Akinseye-George noted that while States such as Lagos, Adamawa, Kaduna, Plateau and Kano have enacted new criminal laws and penal codes, “the Federal Government continues to rely on the outdated Federal criminal provisions which remain the primary substantive criminal laws applicable in the FCT and the federal courts.”

The jurist chided federal lawmakers for churning out “uncoordinated enactment” that are “neither predicated on any scientific Needs Assessment nor on deliberate attempt at avoiding over-legislation, contradictory or overlapping provisions.”

He stated that the task of harmonizing federal criminal provisions is “long overdue,” adding that “The poor quality of some of the laws being churned out by the National Assembly has created an awkward situation in which the President has returned many Bills unassented on account of superfluity or inconsistency with other laws. A good example is the recent Proceeds of Crime Bill, a much-needed anti-graft tool, to which Mr. President declined his Assent.”

Akinseye-George expressed concerns that while the ACJA contains modern procedures, “the Codes which the ACJA is used to enforce are largely outdated having not been improved upon since passage in the 1960s. Currently, there is little or no interest in enforcing the outdated codes as they are not relevant to the modern times and prescribe weak punishments for corruption and other crimes.”

Noting that the centre was instrumental in the enactment of both ACJA and the Evidence Act 2011, he listed the fundamental principles governing reform of the codes to include decriminalization of petty offences, repositioning the criminal laws as instruments of good governance and socio-economic development, boosting relevance to contemporary needs of the society such as improving economic opportunities for the great majority of Nigerians, improving access to justice for the vulnerable, simplification of offences, institutionalization of restorative justice mechanisms, harmonization with the Constitution and existing laws, and consistency with modern criminal justice system and global best practices.

Akinseye-George stated that the proposals would be consolidated into draft Bills and forwarded to the Attorney-General and Minister of Justice, Mr. Abubakar Malami SAN and “proactive members of the National Assembly” for possible passage into law.

Among the dignitaries who attended the workshop are Justice Yetunde Pinheiro of the Lagos High Court, Justice Eniola Fabanwo of Ogun State High Court, Chief Magistrate Adedamola Paul of Lagos State Judiciary, and Prof. Iyabode Ogunniran of Faculty of Law, University of Lagos among others.

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CLAMPDOWN: AUTO DEALERS TO SUE CUSTOMS

A group of automobile dealers in Lagos State has threatened to drag the Nigerian Customs Service to court over the sealing of their business premises.

In a letter to the Comptroller General of Nigeria Customs Service through the law firm of Ubani & Co, the group condemned the September 30, 2019 raid and sealing of their offices by customs operatives, saying that the action of the agency was “a demonstration of gross irresponsibility, unprecedented impunity and abuse of power.” They also noted that all the cars in their business premises were duly cleared and appropriate duties paid to the Federal Government.

The group in the letter which was also forward to the Senate President, Speaker of House of Representatives and Attorney General of the Federation, warned that if their business premises were not opened in the next 14 days with a compensation of N10 billion for businesses losses during the period of closure, they would have no other option than to approach the court for redress.

Part of the letter which also serves as a pre-action notice reads:

“We must state here with all sense of responsibility and patriotism that the action of Nigeria custom officers in this regard is a demonstration of gross irresponsibility, unprecedented impunity and abuse of power.

“Though the Nigerian Customs & Excise Management Act gives you the power to examine, mark, seal and take account of any goods …, in this case, you did not examine, mark, seal and take account of the particular vehicles identified as not being properly cleared, but rather sealed up the entire premises without any form of examination or inspection of papers.

” This very act of yours has no protection under the Act, but smacks of impunity, illegality and flagrant abuse of executive power.

“No law under our law books, including the Customs & Excise Management Act, empowers you to take the steps you have taken in the manner you have taken it.

“The action of the Nigerian Customs is not only lawless but very oppressive. The moment when Nigerian Government agencies elevate the pursuit of revenue above the right and welfare of the citizens, Nigeria is doomed, but God forbid that things degenerate to that level.

“Take notice therefore that you have 14 days from the day you receive this letter to unseal all our Client’s members’ business premises to enable them carry out their lawful businesses as Nigerian citizens.

“Take further notice that you have a period of 30 days from the date you receive this letter to pay a compensation of N10Billion to our Clients for the severe hardship, suffering, embarrassment, loss of business, physical, mental and psychological torture and trauma your arbitrary, lawless and inconsiderate action has caused our clients and their families failing which our Client shall be left with no other option than to seek redress through a competent court of law.”

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NBA PRESIDENCY: AJIBADE JOINS THE RACE

  • THROWS SPANNER IN THE WORKS

Leading corporate lawyer, Dr. Babatunde Ajibade has joined the race to succeed Mr. Paul Usoro SAN as Nigerian Bar Association (NBA) President, CITY LAWYER can authoritatively report.

The entry of the cerebral lawyer into the already crowded field has thrown spanner in the works, as many consider him a serious contender for the coveted seat. In fact, asked what Ajibade’s chances are to clinch the sought-after seat, a former NBA chieftain told CITY LAWYER that Ajibade is a “potential NBA President.”

Though seemingly a late entrant into the presidential race given that some of the aspirants have been making discreet moves for several months now to push their ambitions, CITY LAWYER gathered at the weekend that Ajibade is not leaving anything to chance in his quest to win the NBA Presidency.

A source close to the NBA Section on Business Law (NBA-SBL) Advisor told CITY LAWYER that Ajibade has commenced aggressive consultations to intimate especially Bar Leaders on his ambition. Although a familiar face in the continuing legal education circuit where he is routinely engaged as a facilitator, there are strong indications that the recently concluded International Bar Association (IBA) conference in Seoul, South Korea may have offered Ajibade a platform to sell his candidacy.

To put the matter of his quest beyond debate, CITY LAWYER gathered from unimpeachable sources that the highly successful corporate lawyer has started telephoning and visiting key Bar Leaders to formally intimate them on his ambition. At least two Bar Leaders confirmed to CITY LAWYER that Ajibade spoke to them on his desire to lead the Bar while a former NBA chieftain said that Ajibade contacted him through a proxy.

In line with the NBA Constitution 2015 (as amended), the next NBA President will emerge from the South West Zone comprising. According to Article 2.2(b) of the Second Schedule to the amended NBA Constitution dealing with ‘Election of National Officers,’ “The positions of the President, 1st Vice President, 2nd Vice President, 3rd Vice President and General Secretary shall rotate among the three zones. In determining the eligibility of a candidate to contest for any of the rotated offices, regard shall be had to a candidate’s Geographical Zone of origin and not the geographical Zone where he/she carries on legal practice.” On the other hand, Article 2.2(e)(iii) lists the States under “Western Zone” as Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun and Oyo.

Other aspirants who have been touted for the post of NBA President are another leading and successful corporate lawyer, Mr. Olumide Akpata; former presidential candidate and NBA General Secretary, Mr. Dele Adesina SAN and another erstwhile NBA General Secretary, Mr. Olumuyiwa Akinboro SAN.

Ajibade’s entry into the race has substantially altered the political dynamics for the NBA Presidency race. Aside from being a hugely successful corporate lawyer, Ajibade, like Akpata, is also from NBA Lagos Branch which has always had the largest bloc of votes in NBA elections. Though some question his credentials as a “Bar-man,” many view him as highly cerebral, self-effacing and not having any integrity deficit.

Several Bar Leaders who responded to CITY LAWYER enquiries on his candidacy stated that he is not only eminently qualified for the position but must be seen as a serious contender, adding that other aspirants would ignore him at their own political peril.

While Akpata was before now seen as perhaps the ‘anointed candidate’ of NBA House, impeccable sources told CITY LAWYER that his campaign may have suffered some reversals lately. CITY LAWYER reliably gathered that there is a major schism in Akpata’s camp, with speculations that a major power broker and backer may be having a serious rethink on his support for the highly successful corporate lawyer, immediate past Chairman of the NBA-SBL and Co-Chair of the recently concluded NBA Annual General Conference (AGC). Unless the rift which a source close to the power broker described as having “far reaching consequences” is resolved prior to the opening of ballot, it may eclipse a major support base for Akpata.

Like Alegeh, he is also from Edo State. This is seen as perhaps his biggest hurdle. What is more, Article 2.2(d) of the Second Schedule to the NBA Constitution provides that “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.” Akpata is seen as having the brightest chance to wrestle the NBA Presidency from the rank of Senior Advocates of Nigeria who have dominated the post for a long time. A similar potent quest by fiery former NBA General Secretary, Mr. Afam Osigwe was aborted midstream, as he was disqualified by the electoral body. He however blames his ‘political detractors’ for his fate.

Bar watchers told CITY LAWYER at the weekend that unless both Ajibade and Akpata are able to reach an understanding before the elections, they are bound to split their key support base – NBA Lagos Branch – down the middle. Usoro is a member of the branch. Ajibade’s emergence on the scene may have put him in a quandary, even as speculations are rife on whether the NBA President is privy to his quest.

Ajibade’s emergence has also seemingly torpedoed several permutations. A source close to the Legal Practitioners Disciplinary Committee (LPDC), Lagos Zone Chairman told CITY LAWYER thus: “You will know that he would not have resolved to run for NBA Presidency without the support of past and present Bar Leaders.”

Some analysts however argue that his entry into the race has only given additional boost to Akpata’s quest, adding that the Bar is set for a repeat of the 2014 NBA presidential race when three core South West candidates ran against former NBA President, Mr. Augustine Alegeh SAN. With the three candidates – Mrs. Funke Adekoya SAN, Chief Adeniyi Akintola SAN and Mr. Dele Adesina SAN – splitting the South West votes, Alegeh coasted to victory with a total of 691 votes. His runner-up, Adesina, SAN polled 370 votes, Adekoya garnered 255 votes, Akintola received 126 votes while Osas Erhabor brought the rear with 17 votes. The three core South West candidates polled 751 votes, 60 votes more than Alegeh’s.

Some analysts also argue that Ajibade is not a ‘Bar-man,’ adding that his candidacy is not materially different from Akpata’s since they are both successful commercial lawyers from the “Corporate Bloc” of the NBA. But his camp disagrees, saying that his litany of services to the Bar is there for all to see.

The advent of Alegeh has led to a string of successive NBA Presidents emerging from the corporate bloc or ‘big law firms.’ Feelers by CITY LAWYER at the weekend indicate that the face-off between the ‘corporate’ and ‘Bar-men’ blocs will continue and intensify in the forthcoming elections, as the ‘Bar-men’ are desperate to wrest power from their heavy spending corporate counterparts.

A veteran of sorts in the NBA Presidency race, Adesina has his major support base in Ikeja Branch where he held several posts. Ditto for Akinboro who is also a czar of sorts in the Abuja Bar circles. Both are seen as no push-overs in the forthcoming NBA Elections, though some Bar watchers contend that there are a few chinks in their armours which would become apparent as the campaigns heat up.

Ajibade is touted as a go-to lawyer by several international rating agencies including Who is Who Legal, Chambers Global and IFLR 1000. According to a biography by Who is Who Legal, Ajibade is the Managing Partner of SPA Ajibade & Co, a leading corporate and commercial law firm with offices in Lagos, Ibadan and Abuja, Nigeria.

“Babatunde is a dispute resolution specialist and has substantial expertise in international commercial arbitration, especially in the fields of company law, energy law, labour law, hospitality law and investment treaty law. He has acted as counsel in arbitration proceedings involving complicated shareholder disputes arising from alleged breaches of restrictive pre-emptive rights and damages claims arising from alleged breaches of hotel development and management contracts. He has also conducted several ad hoc references and is currently coordinating an investment treaty arbitration claim against a host state. Babatunde also sits as an arbitrator and is currently presiding as sole arbitrator in an international commercial arbitration with its seat in Lagos involving alleged breaches of the terms of an international executive employment contract and as a co-arbitrator in a complicated energy dispute involving crude oil handling, also with its seat in Lagos.

“Babatunde also has extensive experience in all aspects of corporate and commercial litigation. He has prosecuted and defended numerous claims relating to corporate disputes acting on the instructions of shareholders, directors or their companies. He has also prosecuted and defended several claims on behalf of and against banks and insurance companies. He has a firm grasp of the commercial issues involved in such litigation.

“Babatunde also has extensive experience in transactional corporate and commercial legal practice and has been involved in the formation, maintenance and regulation of all types of business entities in Nigeria. He has been involved in the Nigerian capital market as a solicitor in several public offers of securities and in mergers and acquisitions and was the pioneer secretary, vice chairman and is a past chairman of the Capital Market Solicitors Association. He was vice chairman of the rules and regulations sub-committee of the Securities and Exchange Commission’s capital markets committee, a member of council and vice chairman of the banking, finance and insolvency sub-committee of the Nigerian Bar Association’s section on business law.

“Babatunde is a vice president of the ICC Arbitration Commission’s steering committee, a member of the ICC’s Africa Commission, a director of the Lagos Chamber of Commerce International Arbitration Centre (LACIAC), a member of the LCIA’s African Users Council, a member of the Lagos Court of Arbitration and the Chartered Institute of Arbitrators (UK) Nigeria branch.

“Babatunde was called to the Nigerian Bar in 1989. He obtained a LLM degree in corporate and commercial law in 1990 and a PhD in private international law in 1996, both from King’s College London. He was elevated to the rank of senior advocate of Nigeria in December 2007. He was awarded the International Practice Fellowship of the International Bar Association in Madrid in October 2009 and he became a fellow of the Chartered Institute of Arbitrators UK in January 2015.”

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SOWORE: ‘DO NOT INTIMIDATE JUDGES,’ UBANI WARNS DSS

The immediate past Nigerian Bar Association (NBA) 2nd Vice President, Mr. Monday Onyekachi Ubani has blasted the Department of State Security (DSS) for its refusal to release Mr. Omoyele Sowore, the Convener of #RevolutionNow.

He also lampooned the security agency for its alleged plan to drag Justice Taiwo Taiwo of the Federal High Court to the National Judicial Council over his decision to grant bail to Sowore. Justice Taiwo had refused to extend the 45 days detention order against the Sahara Reporters publisher and former students’ union leader.

Mr. Ubani said that he “is clearly at a loss as  how and when court’s decision has become a ground for petitioning NJC,” adding: “What is the allegation against Justice Taiwo Taiwo in the first place? Is it that he has no jurisdiction to release Mr. Sowore after the expiration of the detention order or that the court has lost all the powers under the law to make orders that do not favour DSS in Nigeria anymore? I cannot understand the meaning and substance of the alleged threat to petition him to NJC.”

Mr. Ubani warned that should DSS insist on the petition, “they must also not forget to report to NJC that it was the same Justice Taiwo Taiwo that granted them the detention of Mr. Sowore for 45 days in their detention centre. That information is very important to be disclosed to NJC.”

According to the human rights activist, “It is high time lawyers stood up against this calamitous destruction of the legal system by the security agencies in Nigeria. We lawyers cannot keep quiet anymore because they are trying to destroy the only area where we are operating, which is the court.

“Judiciary is the only place where we operate, so if they succeed in destroying it no one will have regard and respect for us and for the country. If lawyers allow the Judiciary to be emasculated by the executive we are finished, Nigeria is gone, the legal profession is finished.”

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ABUJA AGOG AS NBA-CLE TRAINING HOLDS TOMORROW

Lawyers and other practitioners in the Federal Capital Territory, Abuja will by tomorrow have an opportunity to participate in a Nigerian Bar Association (NBA) accredited Continuing Legal Education (NBA-CLE) programme on Company Law and Corporate Governance.

Facilitated by the Legal Defence and Assistance Project (LEDAP) under the NBA Institute of Continuing Legal Education (NBA-ICLE) “Mandatory Continuing Legal Education” programme, the two courses will be delivered by senior lawyers and subject matter experts on December 2 and 3, 2019 respectively.

For the Company Law module, the sub-themes that are planned to be covered include Directors, Secretary & Officers of a Company; Rules of Federal High Court; Derivative Actions/Minority Rights; Mergers & Acquisition; Company Proceedings and Investment Disputes; Introduction to Investments & Securities Act as well as Company Securities, Capital Market Practice and Flotation of Securities.

The Corporate Governance module is billed to cover such topics as Origin of Corporate Governance; Development of Corporate Governance in Nigeria; Codes of Corporate Government in Nigeria including the SEC, CBN, NAICOM and Financial Reporting Council of Nigeria (FRCN) codes of corporate governance. Other sub-themes are Board Evaluation and Audit as well as “Salient Points on Corporate Governance” including Corporate Governance Framework, Board Responsibilities, Separation of role of Chairman from Chief Executive, Board Committees, Conflict of interest, Corporate Social Responsibility, Board Charter, Board Evaluation, Induction Training and Succession Planning.

The training will be held at The Den Hotel, 20 Agadez Crscent, Wuse 2, Abuja.

While the course fee for the two-day subsidized training has been pegged at N40, 000, young lawyers between 1-7 years post-call will receive a further discount of 40% to be shaved off the course fee.

According to the organisers, interested participants are to pay the course fee into the “LEDAP-MCLE COURSE” Account Number 1016147835 at Zenith Bank Plc. For more information, please call 0906-000-7472 or email info@nba-mcle-ledapnigeria.org.

Founded in 1997 and led by foremost pro bono activist, Mr. Chino Obiagwu SAN, LEDAP is a non-governmental organization engaged in the promotion and protection of human rights, the rule of law and good governance in Nigeria. It has observer status with the Africa Commission on Human and Peoples’ Rights.

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MIXED REACTIONS, AS AGC KICKS OFF

  • As final technical sessions hold today

The 2019 Nigerian Bar Association (NBA) Annual General Conference (AGC) took off on a bumpy note as some delegates swore that not much has changed from the hiccups that attended past exercises. While some delegates poked holes in some aspects, others heaped praises on the organisers. Notwithstanding a late start, the opening ceremony lived up to its billing as a favourite for most delegates.

Though NBA President, Mr. Paul Usoro SAN was on ground last Friday to assure delegates that distribution of conference materials would commence at 9 am when the week-long conference was billed to take off, some delegates complained of delay in commencement of the distribution exercise.

Said Olaoye Olalere: “Reporting from material collection center. Organisers not ready for us but the President has addressed members that they will start distribution by 9am. Fingers crossed!” He stated later: “Reporting from the same location as earlier, no distribution of materials yet. We don’t know when the distribution will start or whether the materials are at locus yet.”

Another delegate Cyprian Akao also aligned with Olalere, saying: “Collection is very disorganized.”

Olalere however stated at 9: 46 am that “the materials distribution has commenced, and it’s going on smoothly now.”

Others agreed with Olalere that the distribution was without hitches. Former NBA Lagos Financial Secretary Marian Jones said: “Seamless! Impressive.” On her part, Bar-man Amaka Aneke said: “Sleek and Smooth.” NBA Lagos Branch Publicity Secretary added his voice to the praises when he said: “Distribution is still ongoing seamlessly.”

Giving an indication that the distribution exercise may have been fraught with challenges, newly appointed NBA-NEC member Bob Ijioma said: “It ain’t easy asking learned people to be orderly during registration and collection of materials at the AGC today. Thanks to all TCCP and LOC Members. We put in a great job. Thank you President Paul Usoro, SAN and My Lady Mfon Usoro.”

Alluding to the torrid time the organisers had in managing the crowd on day-one, Mrs. Usoro especially hailed newly elected NBA Lagos Branch Chairman, Mr. Yemi Akangbe for lending a helping hand, saying: “Lagos Chairman was superb at crowd control today at Harbour Point. Good job, Yemi.”

However, when CITY LAWYER visited the Harbour Point on Saturday, the cubicles were virtually deserted, with delegates trickling in to collect their conference materials. The cubicles were marked according to States while some States were merged.

But the aides said no notebooks were supplied contrary to the checklist, while assuring delegates that the brochure would be given to them during the technical sessions commencing today. However, a partner in one of the leading law firms whom CITY LAWYER met attempting to collect his conference materials was unable to do so as his name was not listed. He was advised to visit the nearby Secretariat to have his name tag printed to enable him collect the materials.

One of the aides also told CITY LAWYER that they had a hectic time processing delegates on Friday. This may not be unconnected with the fact that all delegates in the five branches in Lagos were repeatedly urged by the organisers to endeavor to collect their conference materials on Friday.

While the Technical Committee on Conference Planning (TCCP) had deployed many channels to publicize the AGC programme, indications emerged at the weekend that some communication gaps persisted. For instance, some members of the TCCP had to escalate posts on several whatsApp platforms to alert delegates that they need not wear wig and gown to the AGC Thanksgiving Service which held at the Cathedral Church of Christ, Marina, Lagos. Wrote Chukwuka Ikwuazom, TCCP member and former NBA Lagos Branch Chairman: “Good evening colleagues, following inquiries from members about the dress code for the Church service, we wish to clarify that members are not required to wear their wig and gown to the service. Many thanks.”

This challenge also manifested in relation to the Welcome Cocktail hosted by the Chief Judge of Lagos State, Justice Kazeem Alogba. As feelers of a change of venue filtered in, one Azeezat Omolara quipped: “So the welcome cocktail venue has been changed from City Hall to Harbour Point which is better 7pm today (sic). Any confirmation for the above?”

In fact, a delegate called CITY LAWYER to complain that he was at City Hall for the event but met the place under lock. A post had however trended earlier in the day stating that “Please be informed that the NBA Conference Cocktail venue has been moved to Harbour Point by 5pm today.”

If the change of venue caught some delegates napping, the Welcome Cocktail itself left a sour taste in the mouth of many delegates. Comparing it with similar events, Omoniyi Onabule said that “Lagos Bar does better cocktail,” adding: “Na water men de sip. I haven’t seen this in my life.”

Another delegate Oliver Omoredia said: “Drinks finished before anything started. Nawa for this cocktail. May the rest of the events not be like this cocktail.” Yet another delegate, Awoyomi Damilola added cryptically: “I was disappointed.”

However, Omoredia urged the delegates to move over to the Friendship Centre – which was unveiled after the welcome cocktail – to shrug off their disappointment. His words: “Friendship centre was more like it!!! Bovi is so funny.”

Held at the high-profile Eko Convention Centre of the Eko Hotel & Suites, the opening ceremony was attended by heavyweights in the legal sector including the Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad; newly re-appointed Attorney-General & Minister of Justice, Mr. Abubakar Malami; International Bar Association President, Mr. Horacio Bernardes Neto and several Bar Leaders. This was followed by a surfeit of breakout sessions.

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CROSS RIVER: WHERE IS AGBA JALINGO? ASKS UBANI

In this piece, former Nigerian Bar Association (NBA) 2nd Vice President, Mr. Monday Ubani expresses worry over the alleged illegal arrest of Agba Jalingo

I have just been informed by Mrs Agba Jalingo that the Nigerian Police from Cross River State have arrested her husband, Mr Agba Jalingo for reasons that are not clear. Recall that Jalingo has been having a running battle with his State Governor, His Excellency Mr Ben Ayade. This stems from his criticisms of his inept leadership in Cross Rivers State, an act considered sacrilegious by the governor and his bootlickers.

The Commissioner of Police in Cross Rivers State is clearly on the side of the governor as he has not hidden his subservience to the governor and his desires which includes the arrest and public humiliation of Mr Agba Jalingo. This arrest may not be unconnected with that desire.

The surprise element in all this is that the same Police have invited him to come on the 26th August, next Monday and he has promised to honour their invitation. One is at a loss why the arrest on 22nd August, four days earlier than the day of the invitation.

I just hope that this arrest is not from Cross River State Governor as this will be clearly illegal and condemnable. Nigerians will survive this season of intimidation and harassment. Right Activists, Human Rights lawyers and Civil Society should condemn this. We are not under military regime for God’s sake!

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Welcome to Lagos…, Muoka Beckons AGC Delegates

Former Nigerian Bar Association (NBA), Lagos Branch Chairman, Mr. Alex Muoka pens a moving welcome note to delegates of the 2019 Annual General Conference

Compliments.

It gives me great joy to welcome you to Lagos – the host city of the 59th Annual General Conference of the Nigerian Bar Association.

Lagos is a cosmopolitan city, a cauldron where all things mesh. It has verve, swag and an energy that is contagious. It is welcoming… alluring…and accommodating.

Welcome.

Whether you are a first-time visitor, or a returning voyager…Lagos smacks you right in the face and wakes you up. If you can stay long enough…you fall in love and become a Lagosian!

In recent years, Lagos has become a regular host city for the NBA Annual Conference – touted as ‘the largest gathering of lawyers anywhere’. And yet each time the Conference comes round to Lagos again, there is something different and fresh.

This year, the NBA President and Executive Committee, the hard-working members of the Conference Planning Committee and the Local Organising Committee have gone to great lengths to plan a rich and rewarding one week event. There is something here for everyone. The theme – “Facing the Future” – is quite ambitious. It is also very topical, and timely.

The Conference opens today with a Juma’at Service at 1.30 pm at the Lagos Central Mosque (for the Muslim faithful) followed by a Reception at Harbour Point . The Christians will have a Multi-Denominational Service at 9.15 am on Sunday at the Cathedral Church of Christ, Marina.

Health and fitness freaks will be able to showcase their skills (and their track suits) tomorrow (Saturday) at the 10Km Health Walk which starts as early as 7.00 am at Harbour Point. The Conference Programme includes a Football Tournament between various Branches of the NBA (my home Branch – Lagos – is the favoured Team), and a Golf Kitty at the Ikoyi Club Golf Section (what is your handicap?). So you can (literarily) come and ‘try yourself’!

Most conferees will come in on Sunday…either by air or land. Please make your way to the Harbour Point on Ahmadu Bello Way, Victoria Island, to pick up your conference materials. There will be an NBA – National Executive Committee Meeting (for NEC members) at 12 noon on Sunday at Harbour Point, and a Welcome Cocktail at 5.00 pm at the City Hall, Lagos Island for all conferees. Of course, for the merry at heart, the traditional Formal Opening of the Friendship Centre will take place at 7.00 pm at the Harbour Point.

The formal Opening Ceremony holds on Monday morning at 9.00 am at the Eko Convention Centre, Eko Hotel, Lagos. With the array of distinguished guests, and the much-anticipated Keynote by Mr Horacio Bernardes Neto – the President of the IBA, you do not want to miss it. The technical sessions are wide and yet incisive – cutting across almost every area of practice and interest. A rich bouquet of 41 Sessions and 206 Speakers over a 3 Day-period.

And it is not just ‘all work, and no play’. The organisers have put together a very rich and diverse social programme that caters to every taste and interest. From the ‘Fela and the Kalakuta Queens’ Musical on Monday evening at 7.00 pm at the Convention Center, to the President’s Dinner on Tuesday night, and ending with the Pop Music Concert on Wednesday Night – there is something on, every night.

In addition, there are plenty of hosted side-events – already scheduled are the Lagos Branch ‘Jersey Party’ at 7.00 pm on Tuesday night (some people are yet to recover from the Lagos Party at the 2018 Conference in Abuja), and the Ikeja Branch Party on Wednesday night. Indeed Wednesday night will be ‘bloody’ with the Abuja and Port-Harcourt Branches (known for their convivial hospitality) also rolling out the drums (and green bottles). So make sure you pack your dancing shoes…and blue jeans (or visit the shops when you arrive).

The Conference ends on Thursday with the Annual General Meetings of the 3 Sections – SBL, SLP and SPIDEL – at 9.30 am, and the NBA Annual General Meeting at 12 noon, all holding at Harbour Point, followed by the Communique and Press Conference. The Christian Lawyers Fellowship of Nigeria (Clasfon) will then send off conferees with a Dinner at 6.00 pm – themed ‘Help All The Way’.

Friday morning will see conferees hugging, shaking hands and wishing each other ‘safe journey’ back home.

Whew, it promises to be one whirlwind week – and it starts today.

We salute the conference planning team, and you, as you come.

Lagos awaits you.

Ekaabo…Nnoo…Sannu,

Warm regards,

Alex N. Muoka
Former Chairman, NBA Lagos Branch (2013-2015)
Former Secretary, NBA Lagos Branch (2011-2013)

“Let’s be the change we desire…”

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POLICE BEAT, ABDUCT LAGOS LAWYER

  • Whereabouts still unknown, says Lagos Bar

Police operatives operating under the Lagos State Task Force this morning abducted a member of the Nigerian Bar Association (NBA), Lagos Branch, Mr. Aliyu Shuaib.

In a statement made available to CITY LAWYER by the branch and signed by its Publicity Secretary, Mr. James Sonde, it was gathered that the victim was picked up at the Iyana Oworo axis of Lagos while waiting to board a bus.

According to the statement , “He said he was beaten up, his face is swollen and bruised and his phone seized before he was bundled into a truck along with other people.”

The whereabouts of the lawyer remains unclear, as he is still being driven to an unknown destination by the police operatives.

The full statement reads:

One of our members, Mr. Aliyu Shuaib called the Secretary this morning that he has just been arrested by the police at iyana oworo as he was about boarding a bus to the island.

He said he was beaten up, his face is swollen and bruised and his phone seized before he was bundled into a truck along with other people.

The police task force team were operating in a convoy and picking up people along the road and their destination is not known for now.

While he was communicating with the Secretary of the branch, the Secretary passed the convoy approaching Obalende but the convoy of police men in pick ups and trucks are still moving as we speak.

His last phone conversation a few minutes ago was that they are now approaching Ajah and possibly heading for Epe.

The Chairman of the Branch has been informed and he has directed that the Vice Chair who is the Chair of the Human Rights Committee immediately attend to the matter.

We will have further updates as we get more information.

James Sonde
Publicity Secretary
NBA Lagos

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FLOOD SWEEPS AWAY ABUJA COURT CHIEF

A heavy flood has swept away the Director of Finance, High Court of Federal Capital Territory , Mr. Tony Okecheme. Okecheme was on his way to the Nnamdi Azikiwe International Airport in his official 2017 Toyota Camry when his car got stuck in the flood at Galadimawa roundabout, Abuja.

The finance director was swept away by the raging flood, but his driver, whose name could not be immediately ascertained, was rescued by some young boys in the area. The driver was said to have been taken to Asokoro hospital, but his boss was yet to be located as of the time of filing this report.

Eyewitnesses said the National Emergency Management Agency officials who came to the scene failed to rescue Okecheme and his driver who were reportedly trapped in the flood for about an hour before the water swept away the director.

His car, which was filled with mud water, was however pulled out of the ravines by the rescuers, who were angry over NEMA’s failure to rescue the man. Two young girls who claimed to be Okecheme’s children were seen weeping uncontrollably at the scene of the incident.

An FCT judiciary worker, who did not give his name, identified the car as belonging to Okecheme, noting that the man sent him N40,000 this (Friday) morning.

“I phoned him yesterday that I was broke and he promised to send me money before he travels today. I got N40,000 from him this morning,” he explained, as he showed our Correspondent the text message from the director.

The PUNCH reports that FCT Police spokesman, DSP Anjuguri Manzah, promised to find out the incident, saying he had not been briefed.

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PROTEST RESTRICTION: ACCESS TO JUSTICE CARPETS POLICE

*Says restriction is ‘unconstitutional’

Leading human rights group, Access to Justice (A2J) has berated the Nigeria Police for restricting protests to the Unity Fountain, Abuja.

Describing the restriction as “unconstitutional,” A2J said it “amounts to an unwarranted interference with, and infringement of the fundamental rights of citizens to assemble peacefully and to express themselves as enshrined in Sections 40 and 41 of the Constitution and Article 7 of the African Charter of Human and Peoples’ Rights.”

In a statement made available to CITY LAWYER, A2J said such restriction “has been ruled unlawful and unconstitutional by a decision of the Court of Appeal in Inspector General of Police v. All Nigeria Peoples Party and 11 others (2007) where the court held that the procurement of a police permit before a protest could hold was inconsistent with the provisions of the 1999 Constitution and therefore an illegality.”

Below is the full text of the statement.

RESTRICTION OF CIVIL PROTESTS IN FCT ABUJA TO SPECIFIC SITE BY THE NIGERIAN POLICE IS UNCONSTITUTIONAL AND INFRINGES ON RIGHT TO ASSEMBLY, MOVEMENT AND EXPRESSION

On July 17th 2018, the Nigeria Police announced the restriction of protests in the Federal Capital Territory to the Unity Fountain, Central Business District, Abuja. The Police force said the restrictions were informed by the need to avert an occurrence of incidences similar to those which trailed the protests of October 30th 2018. It would be recalled that on October 30th 2018, officers of the Nigerian Army encountered and opened fire on a procession organized by members of the Islamic Movement of Nigeria (IMN) to protest the unlawful (and protracted) incarceration of their leader, Sheik Ibrahim El-Zakzaky, by the Nigerian Government as well as the killing of several members of the sect by officers of the Nigerian Army on October 27th 2018.

The Police Force said it was aware of the fundamental rights of Nigerian citizens to peaceful assembly and movement as enshrined in Chapter 4 of the 1999 Constitution and the African Charter on Human and People’s Rights but however said that that these rights could be restricted or limited on grounds specified in the constitution.

The decision of the Police Force to restrict protesters from venues other than the Unity Fountain amounts to an unwarranted interference with, and infringement of the fundamental rights of citizens to assemble peacefully and to express themselves as enshrined in Sections 40 and 41 of the Constitution and Article 7 of the African Charter of Human and Peoples’ Rights. Police restrictions on this right by specifying conditions of its exercise has been ruled unlawful and unconstitutional by a decision of the Court of Appeal in Inspector General of Police v. All Nigeria Peoples Party and 11 others (2007) where the court held that the procurement of a police permit before a protest could hold was inconsistent with the provisions of the 1999 Constitution and therefore an illegality.

The reference by the Police to the need to avert the re-occurrence of the experience of the “protests of October” 2018 involving members of the Islamic Movement of Nigeria (IMN) is fear-mongering rattle, and a clearly unjustifiable blackmail to crackdown on politically unpopular assemblies. The shooting and killing of unarmed Shiite members by operatives of the Nigerian Army is a brutal testament of the military’s lawlessness, but it was not the exercise of the right of peaceful protest that caused it. It was simply caused by the rash, violent and repressive reaction of the military, under-pinned by the culture of impunity rooted in its psyche.

Nigeria expects its police force to act with responsibility, accountability and respect for democratic rights and not to follow in the footsteps of, or replicate the impunity characteristic of Nigeria’s military forces. In fact, had the police exercised its responsibilities diligently, it would have avoided the October 2018 calamities. Had it asserted its rights to manage the protests of October 2018, the military would not have inserted themselves into the course of those catastrophic events, since the management of civil protests is essentially the responsibility of a civilian police. Allowing the military to supplant it and take over its functions in controlling the exercise of a democratic right of civil dissent represents a massive failure on the part of the police force. Furthermore, the police force has grievously failed in the duty to bring the soldiers who horrendously killed unarmed protesters during the October 2018 protests to account, but have rather moved quickly to charge to court, again, IMN protesters over their recent protests a few days ago at the premises of the National Assembly.

By restricting the movements of protesters on the grounds it claims, the Nigerian Police fails to objectively assess and address the chain of events and factors which turn peaceful protests into violent actions; the police’ new policies stigmatize protesters rather than challenge and confront those who authorize inflammatory and brutal actions that escalate tensions during a civil protest, mismanage protest situations and kill scores of unarmed protesters.

The right to protest or assemble cannot be reduced to the right to assemble at only a specific place or time. The right is an aspect of political participation recognized by human rights treaties, and accommodates the freedom to assemble or protest in public spaces, accessible by members of the public. If law enforcement authorities are allowed the right to stipulate places where protests can be held, they would likely do so in a manner that effectively takes away the right, or denude it of meaningful content. The new policy limiting the place where protests can hold to only one place is just as unconstitutional as requiring a police permit before a protest can hold. While fundamental rights can be restricted on established grounds, only a legislation can establish the scope of the restriction, and courts must be satisfied that the purposes of such legislation are rationally related to the restriction. The Nigeria Police Force has not identified a law that authorizes it to limit the places where protests can hold. And it does not have legislative powers to make powers in that respect.

Consequently, Access to Justice calls on the Inspector General of Police to:
a. Immediately reverse the decision restricting public protests by persons or groups to the Unity Fountain, Abuja.
b. Order an immediate investigation into the October 30th 2018 killing of IMN protesters and bring to justice all persons who arbitrarily shot and killed scores of protesters and other civilians during the clashes.
c. Establish more constitutional guidelines for managing public protests that do not interfere with the free exercise of the right to peaceful assembly, movement and expression and instate safeguards to avoid the breakdown of law and order during future protests.
Joseph Otteh Daniel A. Igiekhumhe
Convener Programme Officer

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EXCLUSIVE: LPPC TO UNVEIL 37 NEW SANs TODAY

  • Solicitor-General, Rhodes-Vivour, Others Make List

Barring any last-minute hitches, the Legal Practitioners Privileges Committee (LPPC) will today unveil a list of 37 lawyers who successfully scaled its screening exercise for award of the rank of Senior Advocate of Nigeria (SAN).

The release of the long-awaited list is the climax of the sifting process which saw the LPPC issuing a final shortlist of 80 lawyers last May. In an advertorial heralding the list and signed by the LPPC Secretary/Chief Registrar of the Supreme Court, Hadizatu Mustapha, the committee said the shortlisted lawyers had scaled the “first and second advocates’ filtration, academic pre-qualification exercise and the appeal process, preparatory to the award of SAN for the year 2019.” Among those shortlisted were leading human rights lawyer, Ebun-Olu Adegboruwa and 13 professors.

The committee had also invited complaints against any of the shortlisted candidates, saying: “Any complaint(s) presented to the Legal Practitioners’ Privileges Committee must be accompanied with verifying affidavit deposed to

CITY LAWYER investigation shows that only 37 candidates made the cut this year, with 43 others falling by the way side. This is however higher than the 31 candidates awarded last year. While 20 applicants out of 124 received the rank in 2015, 22 SANs were appointed in 2016 out of 50 applicants. The number shot up to 29 in 2017 from 91 applicants, and peaked at 31 in 2018 from 106 applicants. 64 applicants were finally shortlisted for the rank in 2018 as against 80 this year.

Sources who are familiar with the process told CITY LAWYER that among those who made the sought-after list are Messrs Dayo Apata, Solicitor-General & Permanent Secretary, Ministry of Justice; Adedokun Matthew Makinde Esq; Daniel Chukwudi Enwelum Esq; Tuduru Uchendu Ede Esq, and John Onuegbulam Asoluka Esq; Others are Abiodun Adediran Olatunji Esq; Olusegun Omoniyi Jolaawo Esq; Olusegun Oyediran Fowowe Esq; Abdul Olajide Ajana Esq; Safiya Umar Badamasi, Katsina State Solicitor General and Permanent Secretary, and Adedoyin Oyinkan Rhodes-Vivour Esq, wife of Justice Bode Rhodes-Vivour of the Supreme Court of Nigeria.

According to the committee, the rank is a privilege “awarded as a mark of excellence to members of the legal profession who are in full time legal practice, have distinguished themselves as advocates and have made significant contribution to the development of the legal profession.”

The process for the award of Senior Advocate of Nigeria was approved by the body of benchers, the highest judicial body in Nigeria statutorily responsible for the regulation of the legal profession and for admitting persons who desire to become legal practitioners. The guidelines for the award of the rank were first made in 2007 “and have since been reviewed 4 times in a bid to further improve and straighten the process in the light of experience of past exercises. The current guideline is the one of 17th December, 2013.” The committee is headed by the Chairman who is also the Chief Justice of Nigeria with 15 other members, one of whom is the Chief Registrar of the Supreme Court of Nigeria and Secretary of the Committee.

The committee states that “The guidelines provides for the identification of the very best applicants rigorously and objectively and promotes fairness, excellence and diversity and every effort shall be made to ensure that the conferment of the rank of senior advocate of Nigeria an (sic) applicants who have met the criteria reflect national character by achieving as much geographical spread and gender representation as possible. The exercise is an annual event and we will update the site from time to time to ensure implement (sic) in service delivery.” CITY LAWYER investigations however showed that the website was perhaps last updated in 2017.

Although the committee on one part states that the “current guideline” is the one of 17th December, 2013 it in another post states that “New LPPC Guidelines have been signed into effect by His Lordship, the Hon Chief Justice of Nigeria/Chairman Legal Practitioners Privileges Committee on 12th day of October, 2017. This new set of guidelines now determine the process of receiving applications, screening and selection of new Senior Advocates of Nigeria.”

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ENCOMIUMS, AS YEMI AKANGBE EMERGES NBA LAGOS CHAIR

• ICT PARTNER TO GET N700K

There is palpable excitement among members of the Nigerian Bar Association (NBA), Lagos Branch as the first-ever branch elections via electronic voting climaxed with the election of leading corporate lawyer, Mr. Yemi Akangbe as the new branch Chairman. Akangbe, a partner at the law firm of Sofunde, Osakwe, Ogundipe & Belgore, polled 440 (56.8%) of the 774 votes to beat his closest rival, Mr. Adebola Lema who garnered 311 votes or 40.2%. Bolatumi Animashaun came a distant third with 23 votes or 3%.

In the traditional show of sportsmanship that the branch has become accustomed to, some candidates have been calling to congratulate their opponents who won. The branch elections have often been rancour-free over the years.

Meanwhile, there are strong indications that Vote-now.com, LLC, the Jacksonville, USA based ICT Partner for the elections may receive about $2300 or N703,000 for their efforts. Mr. Richard Akintunde SAN, Chairman of the Election Committee told CITY LAWYER in an interview that “The service provider will be paid at the conclusion of the election, depending on the total number of voters registered. Their fees are estimated at about $2300 but we will have a final figure at the conclusion of the election.”

It has also been encomiums galore for the Akintunde-led committee which once again delivered rancour-free polls. Akintunde had during an interview https://citylawyermag.com/2019/06/25/we-will-deliver-rancour-free-elections-nba-lagos-cte-chair-tells-city-lawyer/ with CITY LAWYER said: “I want to assure members of the NBA Lagos Branch, candidates, eligible voters and stakeholders that with their cooperation and support, the 2019 election by e-voting will be seamless. At the end of it all, we will all congratulate ourselves.” He has been involved in branch election management since 2009, three times as Secretary to the Election Committee. He is piloting the elections as Chairman for the second consecutive term.

Some members have taunted the national body, saying the NBA National Officers Elections should henceforth be conducted by the Akintunde-led committee. While Ngozi Onwuka said that “The voting process is so easy and stress free, unlike the national election,” Queeneth Hogan said: “I must say, the convenience of this process should be emulated by our National body. Very transparent process. Kudos to the Electoral Committee. Very well done.”

Another Bar Leader, Chukwuma Ezeala said: “May I use this opportunity to congratulate the Premier Bar for their commitment to excellence. I salute in particular our Chairman, Chukwuka Ikwuazom for visionary leadership, our Electoral Committee for their hard work. The contestants were great, our friend Lema and others with laudable projects who would not serve us now. To our Chairman Elect Yemi and other officers Elect congratulations and put on your seatbelts as you must surpass where our current Chairman has taken us to. The Premier Bar must lead and others follow. Finally I say bravo to our President, Paul Usoro SAN for his leadership at the National level and request him to recommend our system to other Branches to reduce the rancorous system in most Branches.”

Okey Ilofulunwa garnered 295 or 39.6 votes to become the Vice Chairman-elect, while Chuks Nwana polled 246 or 33.0 votes and Bode Omoboriowo brought the rear with 204 or 27.4% votes. Incumbent Publicity Secretary, Mr. Moshood Abiola polled 470 or 63.7% to clinch the coveted post of Secretary, beating Tochukwu Chukwumerije and Obinna Okereke who got 208 (28.2%) and 60 (8.1%) votes.

The post of Social Secretary went to Ngozi Egeonu with 406 or 54.7% votes while her opponent Adefowoke Ayo-Ponle polled 336 or 45.3% votes. Harry Ukaejiofor got 331 or 45.8% votes to beat his closest rival, Ben Ihesiulo who polled 245 or 33.9%. Dumgbara Torbari trailed the duo with 147 or 20.3% votes. Ifeoma Ben fought a hard battle to dust two of her rivals, polling 367 or 49.5%. Elo Adhekpukoli and Hammed Bakare got 260 or 35% and 115 or 15.5% votes respectively.

Other candidates whose nominations were not opposed were returned elected. These include Foluke Akinmoladun, Treasurer; Chinenye Oragwu, Financial Secretary; Anthonia Enitan Eke, Welfare Secretary; James Sonde, Publicity Secretary and Florence Chijioke-Duru, Provost.

Both Lema and Animashuan have congratulated Akangbe on his victory. Some other candidates have also congratulated their victorious opponents. In a whatsapp post barely an hour after close of polls, Lema wrote: “Good evening learned Seniors and Colleagues. Permit me to inform you that the result of the NBA, Lagos Branch 2019 Election has just been released by the Election Committee. The result showed Mr. Yemi Akangbe scored 440 votes as against Mr. Adebola Olarotimi LEMA who scored 311 votes. Mr. Yemi Akangbe has therefore been returned Chairman-elect of the Branch and l have called to congratulate him on his victory. I thank all members of our great Branch for your time, effort, energy, commitment and support. God bless NBA Lagos Branch. Adebola Olarotimi Lema.”

On her part, Animashaun wrote: “Congratulations to you, my brother, Yemi Akangbe! I wish you a successful tenure. Well done to our Electoral Committee for a job well done. Thank you all for your cooperation.”

A similar gesture was extended to Ilofulunwa when his opponent, Chuks Nwana wrote: “Well done to the electoral committee, it was a seamless process. To the winners Congratulations. Okey my brother special congratulations to you. It’s our Bar. Long live the Premier Branch.” On his part, defeated Assiatant Secretary candidate, Elo Adhekpukoli wrote: “I just called Ifeoma Ben to congratulate her.”

Members have commended the Election Committee for organizing a seamless and transparent exercise. Other members of the committee are HRM Chief E. A. Otokhina, Mrs. Sola Adegbonmire, Mr. Geff Eze and Mrs. Obosa Akpata, Secretary of the Committee.

At least one Bar Leader has commended the losing candidates for their show of sportsmanship. In a post seen by CITY LAWYER, former NBA presidential candidate and Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige SAN gave Lema a pat on the back, saying: “Well done, Lema! A gallant fighter and true sportsman! It is well!”

On his part, senior lawyer, Chief Adewale Adeniji said: “Congratulations, Yemi. I am sure you will reach out to your co-contestants, if you’ve not done so already. I wish you well in your task of following a class Act that Chairman Chukwuka has been.”

Members have also commended the foresight of the Chukwuka Ikwuazom-led Executive Committee in initiating the electronic voting system in the branch. Fiery Bar commentator, Gerty Ben-Iloegbunam wrote: “I’m most grateful to God for the Spirit that entered and controlled Chukwuka Ikwuazom to appoint this Electoral Committee headed by the Learned Silk! His uncommon integrity has brought joy and acceptance of the outcome of this just concluded election. I’m most grateful to Almighty God. Thanks once more to the outgoing Exco, while I sincerely pray and hope that the New Exco will surpass in their duty. Congratulations all.”

Senior Partner at Olisa Agbakoba Legal (OAL), Victor Nwakasi added his voice to the encomiums when he said: “Chukwuka Ikwuazom! Character and strength are better proven. Thanks for being a great leader, truly proven by this process.”

Many branch members contend that Ikwuazom has raised the stakes in Bar governance, adding that the incoming regime has a tough task of taking the branch a notch higher.

Congratulating the winners on their victories, Ikwuazom wrote: “I congratulate Mr. Yemi Akangbe on his emergence as Chairman Elect of the great Premier Bar. I congratulate all the successful candidates in the election. To those who did not realize their ambitions in this election, I congratulate you as well for the good fight you all fought. To my dear brother Lema, I congratulate you for being such a good sport. You are a good man and an astute bar man. On behalf of the branch, I want to thank the Chairman and members of the Electoral Committee. I know the amount of work that you put in to give us a flawless election. God bless you all. We have demonstrated by this election that we are the Premier Bar and chart the course for other branches to follow. Long live the Premier Bar! Long live the NBA.”

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

MIXED REACTIONS, AS LAGOS LAWYERS GO TO POLLS TODAY

• 888 Members to elect new Chair, Others
• Voters recount experiences

Voting has commenced in the Nigerian Bar Association (Lagos Branch) 2019 Elections as members are set to elect a new set of executives to administer the branch for the next two years.

According to figures published by the Mr. Richard Akintunde SAN-led Election Committee, 888 members are qualified to elect the new Executive Committee of the branch. While an initial 793 members made the voters’ list, additional lists of 90 and 5 members were later released by the committee following resolution of complaints filed by members who did not originally make the list.

However, the actual number of voters may be less, as about five names may have been duplicated on the voters list, bringing the final figure to about 883 voters.

Meanwhile, there has been mixed reactions regarding the voting process. While some voters took to whatsapp forums to announce that they had voted successfully, others complained that they had been unable to vote.

A senior lawyer reported that he received the following message when he attempted to vote: “The Internet connection between your web browser and the election server is currently experiencing a speed degradation. Please try again in a few seconds. If the problem persists, please send an email to support@vote-now.com and include the URL that you are attempting to load. We apologize for any inconvenience. Friday, June 28, 2019, 4:10:02 AM ET USA.”

When CITY LAWYER viewed the website, it indicated “Heavy Election Traffic” at 9:33 am.

Yet another eligible voter said: “I am yet to receive my link. My number and email was on the final list and I have resent it again to the above link provided, still no link.” A member however advised those who were yet to receive their links via email to telephone to “also check their spam (folder).”

On the suspicion that it was “heavy traffic” that was causing the disruption, a popular senior advocate disagreed, saying: “Heavy traffic slowing the voting process. 888 voters shouldn’t be heavy!” He however stated that “May be the rainfall is a contributory factor!”

Commenting on the “speed degradation” problem, a voter said: “I got the same message on my first attempt. But I tried it immediately thereafter and I was able to do it (vote).”

Some however poured encomiums on the Election Committee, describing the process as seamless. The Silk stated: “I eventually voted and have sent my comments as advised. I think with patience all eligible voters will be able to vote. There is still room for improvement in the process but all the same kudos to the election committee. Long live the Premier Branch!”

Social Secretary Uche Nwadialo was among those who reported that they had voted successfully, while another apparently excited voter said: “Voted. Electoral Committee members, kudos; very seamless. Thank you AKINTUNDE SAN for saving me from running around in the rains today. Our learned Silk Mr. AKINTUNDE SAN, you are too much.”

Twenty-two candidates http://nbalagoselections.com.ng/qualified-candidates/ are gunning for the 11 available votes, making an average of two candidates per post. Some of the candidates have however clinched their positions even before the voting commenced, as they are the only candidates vying for the posts. These include the posts of Treasurer, Financial Secretary, Welfare Secretary, Publicity Secretary and Provost.

Some voters had started receiving links to enable them access the voting portal on the eve of the elections. A sample of the text message received by a voter reads:
“To: (Name of voter)
Registration code: xxxxx
6/28/19, 9:xx AM

“As you requested, the link below will load your record of the selections you made in the Nigerian Bar Association Lagos Branch 2019 Elections:

https://vtnw.com/mv.html?c==/elections/org/NBALagos/

You can print this web page for a hard copy of your choices if you prefer. The web address will be valid until the close of the election.”

An earlier notice by the Election Committee Chairman read: “ELIGIBLE VOTERS! PLEASE TAKE NOTICE ELECTRONIC VOTING FOR THE 2019 NBA LAGOS BRANCH ELECTIONS OPENED TODAY 28 JUNE 2019 AT 9.00 AM AND CLOSES AT 5.00 PM.” This was followed by another post thus: “PLEASE NOTE: Eligible voters who have not received the voting link should send their name email and phone number to nbaelection2019@gmail.com”

Akintunde had told CITY LAWYER in an interview that “Candidates will be allowed to nominate agents who will be granted some access to the Situation Room, where the ballot process will be monitored.” CITY LAWYER gathered that voting points and a Situation Room would be set up at the Lagos High Court Foyer. While eligible voters will utilize the voting points to cast their ballots, agents of the candidates will be permitted access to the Situation Room to view the election as it unfolds. However, only graphs showing the results being garnered by each candidate will be visible to the agents. The agents are also barred from going into the Situation Room with their telephones or recording the process.

A chairmanship candidate told CITY LAWYER that “this (Situation Room viewing centre) is an improvement from the 2016 NBA National Officers Elections which caused a lot of controversies.”

Sources at the stakeholders’ meeting told CITY LAWYER that the Election Committee assured that there would be a paper trail showing the entire voting pattern. It is not clear at press time whether an audit of the process will be done before release of the results or after completion of the exercise.

While Messrs Adebola Lema and Yemi Akangbe as well as Bolatumi Animashaun are gunning for the post of Chairman of the branch, Messrs Bode Omoboriowo, Chuks Nwana and Okey Ilofulunwa are vying for the Vice-Chairmanship position. The race for Secretary is between Moshood Abiola, Obinna Okereke and Tochukwu Chukwumerije.

The Social Secretary battle is between Ngozi Egeonu and Adefowoke Ayo-Ponle while Ben Ihesiulo, Harry Ukaejiofor and Dumgbara Torbari will square up for the post of Legal Adviser. Elo Adhekpukoli, Hammed Bakare and Ifeoma Ben will slug it out for the post of Assistant Secretary.

Candidates whose nominations were not challenged include Foluke Akinmoladun, Treasurer; Chinenye Oragwu, Financial Secretary; Anthonia Enitan Eke, Welfare Secretary; James Sonde, Publicity Secretary and Florence Chijioke-Duru, Provost.

The election ends at 5 p. m. today while results are expected immediately afterwards.

Vote-now.com, LLC (US) (VTNW) is the service provider and ICT Partner for the elections. According to the Jacksonville, USA based company, “The VTNW balloting system was specifically designed by University Scientists for use in Professional organization elections. With 21+ years of experience conducting web-based elections, we have assisted hundreds of business and academic professional organizations, HOA’s, non-profit groups, and universities with their balloting needs. Our experience makes a key difference in providing a smooth and easy to use election process for your members. We have served over 2375 ballots to date (millions of voters).”

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

INVESTIGATION: UNVEILING NBA LAGOS ELECTIONS ICT PARTNER

VOTE-NOW.COM has been selected by the Nigerian Bar Association (NBA), Lagos Branch Election Committee as its service provioder for the election holding tomorrow. In this article, CITY LAWYER tracks the antecedents of the electronic voting company which has conducted similar elections for the Chartered Institute of Arbitrators (UK), Nigeria Branch. The article is culled from https://vote-now.com.

The VTNW balloting system was specifically designed by University Scientists for use in Professional organization elections. With 21+ years of experience conducting web-based elections, we have assisted hundreds of business and academic professional organizations, HOA’s, non-profit groups, and universities with their balloting needs.

Our experience makes a key difference in providing a smooth and easy to use election process for your members. We have served over 2375 ballots to date (millions of voters).

We offer a complete line of hybrid voting options, combining web-based, telephone and paper ballots, that will increase voter participation, reduce expenses, and improve accuracy.Votes remain anonymous and secure.

We designed Vote-Now.com with a wealth of features to make it both easy to use and powerful. Ballot participation rate, or full results (you choose) can be viewed “live” by your election officials. Printout and/or archive the results when the election closes.

For the election administrator: Are you someone who just needs to “get this done ASAP” and do not have the time to add another task to your schedule? Our experienced staff can set up and run your election. We act as an independent third party to administer the ballot and make sure that everything goes smoothly.

Ballot access is web based, so no special software is required for your members. We contact your members by email and/or post and provide the ballot registration information they need to vote. Voter turnout will improve. You take the credit. Do you have members who do not use email or even a computer? We have a solution.

For the voter: casting a ballot is quick and easy; all that is needed to vote is a computer, smart phone, or tablet with access to the internet, or just a regular telephone. If you have an email account, you can receive a link to your ballot electronically. We can also send you a first class letter or postcard containing your voting information which can then be used to vote on-line or you can mail back the paper ballot to us for counting. Try a Demo Vote.

We provide a variety of services and price ranges depending on the size of your voter group. Our system has been used by groups as small as 30 and as large as 60,000+ potential voters. The cost per voter is far less than the cost of printing and mailing a “paper” ballot, and since the results of the election are automatically tallied in real-time and available immediately, the labor and potential human error of vote counting is minimized.

Here are the steps (try it now) that a voter would take; total time, less than a minute:

Voter receives email invitation to vote in their personal email account and/or post card or ballot letter mailed first class.

(The invitation includes a link to our secure site with the voter’s personal registration code embedded. Once a ballot has been cast using this code, it will not work again.)

Voter clicks the link in the email invitation. The ballot automatically loads in the voter’s browser. No password typing needed.

Voter makes selections of candidates. A verification screen then shows the candidates chosen, and alerts about any undervotes. The voter can return to the ballot to make changes if necessary.

Upon submission, the voter can send comments about the election, or see current vote counts (both are administrative options). Done!

Paper ballots can still be used for those members that can’t (or won’t) use a computer, and vote tallies can be made electronically.

Vote-Now Advantages:

*       2375+ elections served (over 1 million voters) and 21+ years of web-based election experience that makes a difference!

*       Secure server encryption of ballot submissions and results – providing privacy over the internet.

*       Options include toll-free telephone (touchtone) voting, weighted voting, proxy voting, checkbox and choice (ranked) voting.

*       Ballot link emails sent through certified email system with 98%+ deliverability.

*       Custom ballot graphics to match your organizational logo/design

*       Full election administration by our staff, providing an independent 3rd party to conduct the election and certify the results.

*       Optional postcard or paper ballot voting notification to voters handled by our staff. Business Reply Mail (BRM) postage paid return envelopes.

Also included:

*       Redundant data storage for all election results.

*       No server, mobile app, special software, or computer specialist resources required at your site.

*       Email, voice mail, and web based technical support.

WE WILL DELIVER RANCOUR-FREE ELECTIONS, NBA LAGOS C’TE CHAIR TELLS CITY LAWYER

  • UNVEILS ICT PARTNER

In this no-holds barred interview, Chairman of NBA Lagos Branch Election Committee, Mr. Richard Akintunde SAN says the elections will be free, fair and credible.

Please briefly introduce yourself.

I am Richard Ayodele Akintunde, SAN, the Chairman of the NBA Lagos Branch 2019 Election Committee

How does it feel being asked to midwife yet another election for the Premier Bar?

I am honoured to be asked once again to Chair the Election Committee of the Premier Bar. I am particularly excited because this year branch elections will be conducted by E-voting. This is a historic event and my committee members and I are super excited to be part of this history making exercise.

How will you describe your team in the Electoral Committee?

I have an excellent team made up distinguished legal practitioners and members of the NBA Lagos Branch. The team consists of HRM Chief E.A. Otokhina, Mrs. Sola Adegbonmire, Mr. Geff Eze and Mrs. Obosa Akpata who is the Secretary of the Committee. We have an excellent working relationship and we are all committed to delivering a free, fair and credible electoral process.

There are concerns that the complaints procedure for members whose names were omitted in the voters’ register is not clear-cut. For instance, some argue that the notice was silent on members submitting Bar Practicing Fees and Branch Dues receipts and that this may discourage members from following through with the process. What is your view on this?

The complaints procedure is clear cut and straightforward and it requires Branch Members whose names were not included in the List of Eligible Voters published by the Committee to submit their complaints. To be Eligible to vote you must be a Financial Member of the Branch and must have paid your bar practicing fees and annual branch dues, as and when due, for the two (2) years preceding the election or since enrolment, if less than two (2) years post-call and you must have attended 5 monthly meetings in a 12 month period preceding the elections. The criteria for eligibility to vote is contained in the Uniform Bye Laws and it was widely published by the Election Committee.

Your name will not appear on the list of Eligible Voters if you have not met these criteria. As members of the branch we all know these requirements. It behooves you therefore in your complaint to show that you have met these criteria by providing useful information [such as receipts showing that you paid your practicing fees and branch dues as required and you attended the require number of meetings] to the Election Committee to enable the Committee include such member’s name in the Supplementary List.

When the Election Committee published the List of Eligible Voters, branch members whose names who had complaints were advised to submit their complaints by email. In the course of reviewing such complaints those whose names were not found on the list of Financial Members of the Branch supplied to us by the Branch Secretariat were requested by email to submit proof of payment of bar practicing fees and annual branch dues for 2018 and 2019 as required and we have been receiving their responses.

Also the names of members who sent in their complaints were checked in the Attendance books and the minutes of meetings from June 2018 to June 2019 to confirm if they attended the 5 monthly meetings required.

Members who meet the requirements have will be included in the Supplementary list of Eligible Voters to be published by the Election Committee.

The complaint process is designed to address any mistakes or omissions on the list of eligible after which a supplementary list will be published. Members who wish to participate in the election process should not be discouraged at all, the complaint process works and we have been using the complaints process for the last 5 elections to include eligible voters whose names were omitted on a Supplementary list.

The integrity of the voters’ register has also been questioned by the observation that some candidates already cleared by your committee had their names omitted from the list. How do you respond to this?

The name of one candidate [Obinna Okereke] was omitted and we have rectified the omission. The candidates whose name was misspelt has also been rectified. The omission of one person’s name is not enough to question the integrity of the list of eligible voters. The omission was an innocent one and his name will appear on the Supplementary list. The essence of publishing the list of eligible voters no later than 14 days before the elections is to afford branch members the opportunity to complain and for the Committee to take on board the complaints and make corrections if need be. We are working day and night to attend to all complaints received. I want to assure our members that the list of eligible voters and the supplementary one coming is credible.

Some have argued that the regularization of the voters’ register ought to have been done online, especially as some registered voters may be overseas during this period. Why did your committee opt for a manual complaints and regularization process?

The initial list of eligible voters was published in hard and soft copies. The list is available online at www.nbalagoselections.com.ng The Complaints process is not manual as complaints are to be sent to the Committee by e-mail to nbaelection2019@gmail.com . The complaint will be resolved by painstakingly going through the records provided to us by the Branch Secretariat manually to show that such member paid his practicing fees and branch dues as required and attended the 5 monthly meetings required. Once this is resolved the names of successful complainants will be published in hard and soft copies. The Supplementary list will soon be available online at www.nbalagoselections.com.ng

Resolution of the complaint can only be done manually by physically going through the Attendance Register of Meetings and the records of the branch for 2018 and 2019 of Financial Members. We are using technology in the best possible way and you don’t have to be in Nigeria to log on to the website or send an e-mail.

It has been said that there is no feedback mechanism for members to know whether their complaints have been resolved. How do you respond to this?

We are in touch with members who have sent in their complaints and trust me we are resolving their complaints. We will soon publish a supplementary list of Eligible Voters. We will also let members who sent in complaints know by email why their names are not on the Supplementary list.

Your committee has not provided any Help Desk or hotline for members to make enquiries on the electoral process? Is this deliberate?

We have an e-mail nbaelection2019@gmail.com which allows the members and the public to contact the Committee and we have been attending to various enquires from members and the public sent through this e-mail address. We will set up a Help Desk after the Final Batch of Eligible Voters is published and a hotline will be provided. Members are free contact the Election Committee via e-mail.

Some candidates say that your Committee has not been carrying them along, that the processes leading to the elections have been shrouded in secrecy. What is your view on this?

The Uniform Bye Laws sets out the duties of the Election Committee and we have been carrying out our duties as set out to the letter. We have a website where all the information relating to the election is published. We have printed posters, flexes and other online materials regarding the electoral process as required by the Uniform Bye Laws. I have addressed several monthly meetings to talk about the electoral process. The processes leading to the election is not shrouded in secrecy. We are constantly publishing online materials giving information about the election process. In the history of my involvement with the election process in the NBA Lagos Branch we have never published as much information as we have done in the 2019 elections. The Committee has constantly been posting online materials and flexes giving out information on the election process. The electoral process is open and transparent. We are having a parley with candidates, agents, stakeholders and the media on Tuesday, the 25th of June 2019 and we intend to continue to engage with them. Many candidates have been contacting the Committee on one thing or the other.

Do you plan to have a stakeholders’ meeting with the candidates before the elections?

We intend to have a stakeholders meeting with all the candidates, their agents, the branch exco and the media on Tuesday the 25th of June 2019 at the NBA Lagos Branch Conference Room at 12 noon.

Some have argued that enlightenment has been low on the electoral process, especially as the electronic voting model is being adopted for the first time by the branch. How do you respond to this?

We have constantly published online materials on various platforms to enlighten Branch Members of the Step by Step process for the E-Voting. At the last Branch Meeting, I addressed the June Branch Meeting and went through the step by step process for the e-voting. I also did a demonstration of the e-voting process. Members were given the opportunity to ask questions about the process and I provided answers. We intend to have a stakeholders meeting with all the candidates, their agents, the branch Exco and the media on Tuesday the 25th of June 2019 at the NBA Branch Conference Room at 12 noon to once again explain the e-voting process step by step and do a demonstration of the voting process. We will also do the same explanation at the Manifesto Day at the Foyer at 2.00 pm on the same day.

Why is your committee still keeping the ICT Partner for the elections under wraps even days to the election?

We are not keeping the Service Provider under wraps. At the June monthly meeting of the NBA Lagos Branch, I disclosed the name of the service partner in a demonstration to all members present. The Service Provider is: vote-now.com. They are a reputable ballot service provider, with extensive experience in providing secure ballot options to various professional organizations and associations all over the world since 2003. They have conducted 2,375 ballots by e-voting till date.

What is the level of access to be given to the candidates or their agents as to the backend of the e-voting platform?

Candidates will be allowed to nominate agents who will be granted some access to the Situation Room, where the ballot process will be monitored.

Are you confident about the integrity of the e-voting platform and its ability to withstand possible attacks from hackers among others?

The election servers are protected with encrypted connections and have valid SSL certificates. All web connections are made via https with 256 bit security. Vote-now.com is certified Grade A on security when tested with the SSL labs security test. We offer all members the highest assurances of rock-solid security of the voting process.

There are concerns that non-release of the June attendance list may lead to padding of the voters’ register. Are these valid concerns? Do you plan to release the list?

The attendance register for June has been provided by the Secretariat to the Committee to enable the Committee do its work and attend to complaints. The attendance register cannot be padded while in the custody of the election committee. It is the duty of the Branch Secretariat to release the attendance list of the June meeting not that of the Election Committee.

When are campaigns expected to cease, given that the deadline is not stated on the published Guidelines?

Candidates are expected to stop all forms of campaigns by 12 midnight on Thursday the 27th of June 2019.

Only 793 eligible voters were on the voters’ list published by your committee. How many voters are ultimately expected to participate in the elections?

We will able to determine the total number of voters that will participate in the elections after we have attended to all complaints and published the Supplementary List. Watch out the list is coming out soon.

Do you have any concerns regarding the elections?

The collation of data of Eligible Voters is very critical to E-voting. So far, the Election Committee has received about 200 e-mails from Eligible Voters updating their e-mail addresses and phone numbers. Eligible Voters are required to check their information on the NBA Lagos Branch Website nbalagos.org and update their information if necessary.

Accurate date is critical to the success of the 2019 elections by e-voting. We are working assiduously to harvest the required data required. I once again use this opportunity to appeal to all eligible voters to ensure that they check with the NBA branch secretariat that their emails and phone numbers are correct. Eligible voters can also supply their telephone and emails to the Committee at nbaelection2019@gmail.com

When are the results of the elections expected?

The results will be announced shortly after the conclusion of the e-voting exercise. Will there be a paper trail for the results of the elections? The service provider will make available a breakdown of the results after the election, showing a transparent and auditable process.

Is there any complaints procedure for candidates who may wish to contest the results?

There is no complaints procedure in the NBA uniform Bye-Law for Branches. Candidates have already signed on their nomination forms that they will abide by the result of the elections.

What are your last words for voters and other stakeholders?

I want to thank the candidates, the branch Exco and branch members for their cooperation thus far. I want to appeal to eligible voters to familiarize themselves with the step by step guide to e-voting which has been posted on several platforms and on www.nbalagoselections.com.ng

I want to assure members of the NBA Lagos Branch, candidates, eligible voters and stakeholders that with their cooperation and support, the 2019 election by e-voting will be seamless. At the end of it all, we will all congratulate ourselves. On behalf of the Election Committee, I thank you for this opportunity.

NBA LAGOS ELECTIONS: COMMITTEE DISPELS FEARS

  • SUMMONS STAKEHOLDERS‘ MEETING
  • RELEASES GUIDELINES ON E-VOTING PROCEDURE

The leadership of the Election Committee for the forthcoming Nigerian Bar Association (NBA), Lagos Branch Elections has dispelled concerns over the elections, saying there is no cause for worry.

In a notice seen by CITY LAWYER, the Committee Chairman, Mr. Richard Akintunde SAN noted that it had always kept stakeholders in the picture as regards its activities, adding that nothing would be done to imperil the elections.

In a separate post by Akintunde, a longstanding chairman of the committee, the electoral body also summoned a meeting of all candidates in the election. The meeting is scheduled to hold tomorrow 12 noon at the NBA Conference Room. Candidates were directed to come along with not more than two agents each.

The committee has also released an elaborate 12-step voting manual titled “Electronic voting procedure: From start to finish.”

Below are the notices:

RE: NBA LAGOS ELECTIONS CONCERNS MOUNT ON E-VOTING SYSTEM

*The NBA Election Committee’s response to the concerns raised in the publication by CITY LAWYER.

Postponement of the Manifesto Day:

The Committee in its notice postponing the Manifesto Day to Tuesday, 25th June, 2019 explained the reason for the postponement. The schedule of the event in honour of the Chief Judge of Lagos State, Hon. Justice Opeyemi Oke (Rtd) was not brought to the attention of the Election Committee when the relevant arrangements were made for the Manifesto Day. The postponement is regrettable but could not be helped in the circumstances.

Explanation of the e-voting process:

The Committee at the Branch meeting held on Monday, 10th June, 2019 went through step by step the e-voting process and thereafter conducted a demo of the e-voting process for the forthcoming elections. All questions asked by the lawyers in attendance were addressed by the Chairman of the Election Committee, Mr. Ayodele Akintunde, SAN.

In addition, the Committee has constantly published online materials on the step by step process for the e-voting. Members should please take time to read the materials to familiarise themselves with the process.

Please note that the Committee has complied with all publications required under the Uniform bye laws to the letter. In addition the Committee has published several online materials to explain the e-voting process.

The Committee appreciates the need to give the candidates, stakeholders and their agents an opportunity to raise any queries in respect of the elections. A meeting between the candidates and members of the Election Committee has been scheduled at which the candidates are required to attend along with their agents. The Committee intends to further explain the e-voting process to them and address any queries and concerns raised at the meeting.

List of eligible voters:

We are attending to all complaints by members whose names did not appear on the list of eligible voters published by the Committee. A supplementary list will soon be published of the names of members whose complaints were successful. The complaint process allows the Committee to address any omissions or mistakes. This has been the practice in the past.

We want to assure all candidates and branch members that the Election Committee is working tirelessly to ensure a free, fair and credible election. All concerns will be addressed as best as possible

We continue to solicit your support and cooperation and enjoin all eligible voters to contact the secretariat to ensure that there e-mails and phone numbers on record are correct.

Thank you.

Dear Sirs, NOTICE OF MEETING OF THE CANDIDATES AND MEMBERS OF THE NBA LAGOS BRANCH ELECTION COMMITTEE

Notice is hereby given that there will be a meeting of all candidates participating in the 2019 NBA Lagos Branch elections and members of the NBA Lagos Branch Election Committee as follows:

Date: Tuesday, 25th 2019
Venue: NBA Conference Room
Time: 12.00 pm

Candidates are to come along with their agents (not more than 2 each).

Agenda:

  1. To provide a further explanation of the e-voting election process.
  2. To address any queries/concerns.
  3. Any other business.

Signed: NBA Lagos Branch Election Committee

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NBA LAGOS ELECTIONS: CANDIDATES SCORE ELECTORAL C’TE, SEEK VOTES

As the Nigerian Bar Association, Lagos Branch Elections approach the finish line this Friday, some candidates http://nbalagoselections.com.ng/election-candidates/ for the election have been speaking on the performance of the Electoral Committee led by Mr. Richard Akintunde SAN. Akintunde has been a longstanding Chairman of the committee for several consecutive years. The committee is also made up of Chief E. A. Otokhina, Mr. Geff Eze, Mrs. Obosa Akpata and Mrs. Olusola Adegbonmire.

CITY LAWYER had sought the views of the candidates for the posts of Chairman, Vice Chairman and Secretary. While one chairmanship candidate responded, others had not responded at press time. All the candidates for the posts of Vice Chairman and Secretary however responded to CITY LAWYER enquiries at press time.

The candidates also stated why they consider themselves as the most qualified for the posts they are seeking. Below are their views:

BOLATUMI ANIMASHAUN
POST: CHAIRMAN
The Executive, through the NBA Secretariat, did its own part by submitting the real attendance registers signed by members at meetings to the Electoral Committee. In addition to this, is a compilation of list of members that made the 5 meetings attendance, a requirement of the 2015 Uniform Bye Law for NBA.

The Executive, through the NBA Secretariat, did its own part by submitting the real attendance registers signed by members at meetings to the Electoral Committee. In addition to this, is a compilation of list of members that made the 5 meetings attendance, a requirement of the 2015 Uniform Bye Law for NBA.

The Electoral Committee has a time table on the election which they are adhering to. The Electoral Committee has been effective in terms of disseminating information to candidates and members. I therefore think we are good to go.

The outgoing executive under the leadership of Chukwuka Ikwuazom has been regarded as the best thing that happened to NBA Lagos. I am the Vice Chairman and an active member of the Executive, I am the best for a seamless transition and continuity.

The Human Rights Committee under my Chairmanship witnessed an unprecedented achievement in the decongestion of Prison. Members of the Human Rights Committee put in their best within their limited personal resources and their efforts resulted in the release of over one hundred inmates and, about 4 were sentenced; matters are still going on in the various courts. Members of the Human Rights Committee are just wonderful and I believe there are still more like them in the Branch.

With my humility, friendly disposition, encouragement and hardwork, I usually get a lot of people who are willing and ready to walk and work with me to achieve my vision. I believe in setting goal with time frame. It is the best way to get things done as planned. Every member must have a sense of belonging.

There will be a definite and good working relationship between the Branch and the police. This is a promise. Henceforth, any police officer that acted unbecoming shall not go scotfree. However, there is need to tutor our members to always act like gentlemen that we are supposed to be. Once there is mutual respect, a cordial relationship will be established.

The same thing goes for the Bar and Bench relationship. Efforts will be made to improve on this. The relationship between the young lawyers and their employers shall also be addressed. Heads of Chambers will be encouraged to take more interest and be active in the Branch activities.

I have also initiated a 5 year plan to pay the Practising fee and Bar dues of 20 young lawyer between 1-5 years post call and 18 benefitted this current year. I did similar things during annual dinner. More senior lawyers will be encouraged to help in lifting up the younger ones.

There is need to establish an ‘in-house code of conducts’ by members for members that will distinguish us from other branches. This is not going to be totally different from our professional conduct but breaking the rules down to basic. If this is agreed to, members will put this together and decide on means of enforcement.

No more procrastination on the building of our Bar Centre. I am a stake holder by my one million naira contribution in 2016. Apart from building on Chukwuka Ikwuazom’s legacy, I will do more than I promised to do in my manifesto. I will stabilize the Branch with my experiences and maturity.

OKEY ILOFULUNWA
POST: VICE CHAIRMAN
The preparations have been good. We await the outcome of the online voting system which I believe will also be good. The character of the members of the electoral committee members gives credence to the voting system. I do not have any problems with the preparations and enjoin our members to give the committee an opportunity to show that it can be done.

On why I am best suited to be the Vice Chairman, I will simply refer you to my profile and my manifesto which I will send you shortly. They speak volume about the kind of person I am, what I have done in the past for NBA and what I will do in future as Vice Chairman. The Vice Chairman of NBA Lagos by our Bye-Laws heads the Human Rights Committee. The Legal Defence and Assistance Project (LEDAP), a leading non-governmental organization, has agreed to work with me to train our law enforcement agencies on the tenets of human rights with particular emphasis on the implication of the far-reaching innovations introduced by Administration of Criminal Justice Law.

I will also create a special forum for all heads of legal departments of law enforcement agencies in Lagos. This will enable us to have a regular interface with these key stakeholders in discharging their mandate. It will also help to bridge the gap between lawyers and law enforcement agents in justice delivery to our clients.

Under my watch in Human Rights Committee, I will also reorganize the Committee to be more responsive to the needs of our members and the society. I will create a Corporate Social Responsibility framework to encourage law firms to sponsor the work of the Human Rights Committee. This will ensure that hardworking committee members are paid stipends for the work to encourage them to do more.

Welfare of our members: I will create a platform where businesses around Lagos can give discounts to our members who patronize their outlets. The names of such businesses will be listed on a portal where members can easily access them. Under this platform, I have also started discussing with electronics merchants to provide one-year interest-free hire purchase services to our members to buy electronics and household items.

CHUKS NWANA
POST: VICE CHAIRMAN
My impressions regarding the preparations for the election so far have been good.

I must also add that more enlightenment is needed now that we are embarking on a novel voting procedure “the electronic vote” for the first time in the history of the Branch elections. If we get it right, then the National body would come for tutorials.

I am the best candidate for the job because I have the necessary experience as I have been in Human Right Committee for 3 administrations consistently.

The Provisions of section 7 of our Uniform Bye Law stated that the Vice Chairman of the Branch should be the Chairman of the Human Rights Committee. During my University years I was a member of Amnesty International and before I graduated, I became the Director of Group 8 Unilag Chapter.

Moreover, I am not taking the post to start the work afresh but just to consolidate and advance the work we have been doing in the committee.

The innovations I would introduce if elected are as follows:

  1. Open and maintain a diary “The Human Rights Diary” and will also post Human Rights cases cause list in all NBA Lagos for a every weekend.
  2. Encouraging the participation of the seniors of the Branch in the Human rights activities.
  3. Encouraging Seniors to sponsor a pro bono case for a willing junior member of the branch and make sure there is a one-to-one interaction with the junior and the such seniors for direction.
  4. Using social networking medium to create and sustain a synergy between the various committees of the Branch and Human Right Committee.
  5. Encouraging more participation of the members in the activities of the Branch through the direct involvement of Human Rights Committee.
  6. Involve the members more with permission of the Chairman in some academic enhancing resources and welfare policies of the Branch.
  7. Creating more avenues to gather and utilize innovative opinions from the members.
  8. To carry out all delegated duties by the Chairman and the General House to the best of my ability at all times, as well as standing in to deliver quality services to the branch in the absence of the Chairman.

Finally, having seen what I am bringing on board you would agree with me that I am the best man for the post of Vice Chairman of our Premier Branch.

BODE OMOBORIOWO
POST: VICE CHAIRMAN
The role of Vice Chairman is not a child’ play. It requires an experienced fellow who has been up and doing in the affairs of NBA not just at the branch levels but National.

As former member of Human Right committee at both the branch and national. I want to believe that I have garnered enough strength and experience to make me the best candidate for the job. And if elected, I want to introduce more innovations that will make our branch occupancy its pride of place in the committee of all branches.

MOSHOOD ABIOLA
POST: SECRETARY
I am satisfied with preparations for the elections so far. The members of the Electoral Committee are seasoned legal Practitioners of high integrity and experience. The present Executive Committee of the Branch retained the members of the last Electoral Committee because of their excellent performance over the years. They are on top of the situation and I believe they have the capability to deliver a free and fair election as they have always done.

Our elections at NBA Lagos Branch has always been peaceful and devoid of rancor and desperation. You know we are the Premier Bar and we lead by example, we are a body of distinguished and classy lawyers. Interestingly the election this year is by electronic voting and I am excited by this. Electronic voting will ensure that our members who are out of Lagos or out of the country on the day of election can vote. This further confirms our enviable status as the Premier Bar. This is the first time an NBA branch election will be conducted online and we look forward to it with excitement.

The Premier Bar has had a chequered history. It has produced the finest lawyers in the country and very high standards have been set. This has been so because the best have always been chosen to pilot its affairs. Mediocrity has never been accepted at the Premier bar. Each executive committee has been an improvement on the previous one.

The present Executive Committee that has been led brilliantly by the effervescent and irrepressible Mr. Chukwuka Ikwuazom has raised the bar higher as a lot of our members will testify to and I am very proud to be a part of the team. The apathy hitherto shown by our members to branch activities has disappeared and members now feel a connect with the branch.

As Publicity Secretary, I have made my contribution to the many successes recorded by this administration. Beyond that I have worked with the Secretary as part of the website subcommittee that oversaw the rebuilding of the branch website and I was also part of the final recruitment process for the newly appointed Administrator for the secretariat.

In assessing the best candidate for the office of the Secretary, it is absolutely crucial to take a critical look at their capabilities, experience and track record. And in doing this, it is important to look at recent experience and track record and not experience from ten years ago because we are in the era of constantly evolving technological advancements. The way the secretariat of the branch was run ten years ago can no longer be applicable now.

Continuity in administration is key because the two-year tenure of the executive committee is usually not enough to achieve all the set goals. It is imperative that experienced persons are part of any incoming executive so that they can hit the ground running especially if they are part of the outgoing executive committee.

I am confident in my abilities to maintain the high standards set by this administration, and with my skills and experience, including those gained as Publicity Secretary, I believe I am the best candidate for the office of Secretary.

TOCHUKWU CHUKWUMERIJE
POST: SECRETARY
I am TOCHUKWU CHUKWUMERIJE, Esq and the founder of Bulwark Attorneys, a corporate/commercial law firm. Am the best candidate for secretary because I had the privilege of serving, the branch as 1st Assistant Secretary (2013-2015) wherein I also discharged the duties of Secretary for five months (march 2014- July 2014) after we lost our secretary through an accident. From 2015 to present date being serving as Secretary Nigerian Bar Association Disciplinary Committee Panel “B” For Lagos.

I was appointed Secretary of the Panel by Former President of Nigerian Bar Association Austin Alegeh (SAN) led administration, approved by National Executive Committee (NEC) and for an outstanding service was reappointed by A.B Mahmoud (SAN) led administration. Through experience I know the importance of an efficient and vibrant Secretariat. I will drive initiatives and formulate policies targeted at professionalizing the secretariat ie up-to-date digital legal directory, upgrade the website, photocopiers, free internet etc. I will engage in initiatives that promotes Law Firm development, partnership encouragement schemes, sponsoring and mentorship with a view of promoting independent firms among the young lawyers.

It is therefore with great sense of purpose and sincere steadfastness that I put myself forward in my continuing quest to serve, as the best man for the secretary job. Being the most experienced of all the contestants with proven performance I would draw from the significant secretarial skills I have learned and gained over the years The qualities of leadership, charisma, erudition, integrity, dignity, excellence and competence.

OBINNA OKEREKE
POST: SECRETARY
The preparations for the forthcoming Nigeria Bar Association Lagos Branch Elections has been top notch and concerted until the publication of Final List of Voters for the election. The omission of names of many eligible members of the branch with good standing from the list has cast doubts on resolve and preparedness of the Election committee to conduct free, fair & credible election. Worst still, omission of names of candidates vying for the election from the Final list who were recently cleared by the Election committee to contest in the election having been found to be eligible and of good standing pursuant to the NBA Bye Law even leaves much to be desired. As it is, my impression about preparedness of Election committee for the forthcoming election is one of doubt in view of the possibility of many eligible voters being disenfranchised and illegible (sic) members of the Branch voting in the election.

I am Obinna Nnaemeka Okereke, LL.M (Notary Public) the Principal Partner of High Refuge Attorneys a corporate and commercial law firm with office address at No.32 Association Avenue, Ilupeju Lagos State.

I attended University of Nigeria Enugu Campus (UNEC) where I obtained LL.B (Honors). After my call to Bar in May, 2002, I proceeded to University of Ibadan where I obtained LL.M (Master of laws) as one of the best students.

I have been an active member of Nigeria Bar Association Lagos Branch since 2002 and worked closely with some committees. Over, the years I had attended virtually all Nigeria Bar Association General Conference and Commonwealth Lawyers Conference as a member.

I was President of Christian Lawyers Fellowship of Nigeria (CLASFON) at Nigeria Law School Lagos Campus as well as National Officer of the body for several years. Iam passionate to transform administration of secretariat of the Premier Bar to international standards and ensure seamless update of membership database in such a way that names of registered members of the Branch is regularly uploaded to the website.

Another reason why Iam best candidate for job of secretary is that I would work in synergy with Executive committee of the Branch to among other issues address challenges faced by Lawyers in Courts within Lagos Judicial Division by engaging Chief Judge of Federal High Court on ease of filing process at Federal High Court Ikoyi, Lagos.

I have all it takes to make our continuing Legal Education (CLE) expert and skill-training focused during our monthly meetings in those key areas of novel Law Practice such as Fintech law, E-Discovery practice, Internet crime Law Practice, Maritime Law, Aviation Law, private Infrastructure finance among other emerging new areas of Law Practice. I would do better than other candidates in using proper technology software to ensure seamless and accurate record of attendance at monthly meetings of the Branch and update record of members with good standing on the website periodically.

Iam in a better position to specialize and make continuing legal education for Young Lawyers more impactful because as Adjunct Lecturer of Nigeria Law School Lagos Campus I interviewed them during portfolio assessment and know what is needed to uplift their law practice mentorship.

I am best candidate for office of Secretary because Iam committed to deliver on these goals, my manifesto and other novel initiatives that would take our Premier Bar to greater heights.

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA LAGOS ELECTIONS: CONCERNS MOUNT ON E-VOTING SYSTEM

Some stakeholders have raised concerns over the Nigerian Bar Association (NBA), Lagos Branch Elections scheduled to hold on Friday.

The stakeholders told CITY LAWYER that while the integrity of the Electoral Committee is not in doubt, some of the processes leading to the high-stakes elections leave a sour taste in their mouth.

This comes against the backdrop of postponement of the highly anticipated “Manifesto Day” earlier scheduled for tomorrow to Tuesday at 1:45 pm. The postponement is not unconnected with the investiture of former Chief Judge of Lagos State, Hon. Justice Opeyemi Oke as a Fellow of the Institute of Criminology and Penology at the High Court Foyer earlier slated for the Manifesto Day.

According to some of the candidates, enlightenment on the electronic voting system is poor, moreso as the branch is deploying the e-voting system for the first time.

They also poked holes in the complaints processes for the cleaning up of the voters’ register. According to them, many eligible voters may be disenfranchised as the initial notice on omitted names did not request members to send in their Bar Practicing Fee and Branch Dues receipts.

A notice cited by CITY LAWYER as published on the election website stated that “ANY COMPLAINT REGARDING THE FINAL LIST OF ELIGIBLE VOTERS FOR THE 2019 ELECTIONS SCHEDULED TO HOLD ON FRIDAY THE 28TH OF JUNE 2019 SHOULD BE SENT BY EMAIL TO nbaelection2019@gmail.com ON OR BEFORE WEDNESDAY THE 19TH OF JUNE 2019. ELIGIBLE VOTERS SHOULD PLEASE VISIT THE NBA LAGOS BRANCH SECRETARIAT TO VERIFY THAT THEIR EMAIL ADDRESSES AND PHONE NUMBERS ARE ACCURATE.”

“Several members reached out to us on this, saying it was only after they sent in their complaints that they were directed to attach these documents,” a candidate told CITY LAWYER at the weekend. “Some potential voters are even giving up after several attempts to send in their complaints.” It was also noted that there was no feedback from the Electoral Committee to members on whether their complaints are being resolved or not.

The stakeholders also say that barely a few days to the elections, they are in the dark as to the framework being put in place by the Electoral Committee for the elections. “We are worried that the disclosure levels are rather low,” said the candidate. “We are not being carried along. There is no information on the processes. We do not know who the ICT Partner will be. The integrity of the Electoral Committee is not the issue. How do you monitor an electoral process you know nothing about?”

Another stakeholder told CITY LAWYER that the integrity of the voters’ register must not be put in doubt. His words: “It is crucial that we have in place a credible voters’ register. This is non-negotiable. There is also no official Help Desk or hotline published by the Electoral Committee for potential voters to follow-up on their complaints.

“There is no reason why the attendance list for the June Branch Meeting should not be in the public domain by now; transparency demands that. We must eschew padding of the voters’ register.

“Till date, there is also no notice on when electioneering campaigns should cease. This is important so that everyone is on the same page on the electoral guidelines. This is the first time that e-voting is being used. This entails that we must be extra careful.

“Why is the database not published on the election website or online so that members can update their details there? I know some members who are overseas as we speak. Will they not be disenfranchised by this manual approach to the complaints? Why do we then call it electronic voting if members cannot update their data online and vote from any part of the world?”

One of the candidates told CITY LAWYER that it is imperative that the Electoral Committee convenes a stakeholders’ meeting to be attended by the media to unveil its framework for the elections. “We need to have a forum to ventilate our concerns to the Electoral Committee. So far, that has not happened. That needs to happen. What will be the level of involvement of our agents in the entire electoral process? We need to be in the server room as the votes are dropping; that is an irreducible minimum. We do not want a situation where the backend is opened to rig the process.”

It is estimated that Lagos Branch has about 14,000 nominal members. However, only 793 voters are on the voters’ register published by the Electoral Committee. More names may make the list following ongoing resolution of complaints by the Electoral Committee. Members of the longstanding committee are Mr. Richard Akintunde SAN, Chairman; Chief E. A. Otokhina; Mr. Geff Eze; Mrs. Obosa Akpata and Mrs. Olusola Adegbonmire.

When CITY LAWYER contacted Akintunde on the concerns, he assured that he would respond to all the issues raised by the stakeholders.

Please send emails to citylawyermag@gmail.com.

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OYEBODE JOINS FORD FOUNDATION BOARD

Leading corporate lawyer and boardroom guru, Mr. Gbenga Oyebode, MFR has joined the Board of Trustees of Ford Foundation, a frontline global organization with the mandate to reduce poverty and injustice, strengthen democratic values, promote international cooperation, and advance human achievement.

Announcing Oyebode’s election in an email received by CITY LAWYER, Mr. Darren Walker, President of Ford Foundation described him as having “sharp legal acumen.” He stated that Oyebode is “a noted investor, philanthropist, and a founding board member of the Africa Philanthropy Forum.”

Ford Foundation trustees are elected by its board and serve up to two six-year terms. Trustees set broad policy relating to grant making, geographic focus, investments, governance, and professional standards, and they oversee internal and independent audits. The foundation’s trustees hail from four continents and have extensive experience in the worlds of higher education, business and finance, technology, law, government, and the nonprofit sector.

Thanking the Board for his election, Oyebode said: “I am honored and privileged to join the board of the Ford Foundation. I am delighted to be part of the foundation’s mission to address socioeconomic inequality, which is particularly relevant in the current global context. I look forward to working with my fellow trustees and the foundation’s staff as we strive for a more equal world.”

The statement by Walker reads:

Welcoming Marca Bristo and Gbenga Oyebode to our Board of Trustees

“It is my great pleasure to announce that the trustees have elected two new members to join the foundation’s board: Marca Bristo and Gbenga Oyebode. Both Marca and Gbenga are accomplished leaders who possess a commitment to Ford’s vision of a more just and fair world.

“Marca is a distinguished disability rights advocate and founder, president, and CEO of Access Living, a Chicago-based disability service and advocacy organization that empowers people with disabilities to lead independent, satisfying lives. She has worked for more than four decades on local, national, and international social and policy reforms that protect and promote the rights of people with disabilities. As a member of the US Task Force on the Rights and Empowerment of Americans with Disabilities, she worked to draft and win passage of the Americans with Disabilities Act. And, in 1994, she was appointed by President Bill Clinton to chair the National Council on Disability.

“In Marca we gain an extraordinary leader and voice for large communities of people whose rights are often challenged. Her perspective will be critical as the foundation carries out its commitment to integrate disability issues into our work addressing inequality in all its forms.

“Gbenga, chairman of the Nigerian law firm Aluko & Oyebode, is a noted investor, philanthropist, and a founding board member of the Africa Philanthropy Forum. He serves on the Global Advisory Council of the African Leadership Academy and is a fellow of the Chartered Institute of Arbitrators, a director of Teach for All, and chairman of Teach for Nigeria.

“Gbenga’s sharp legal acumen and decades of advising with global corporations will bring invaluable insight to the board, particularly as the foundation works to strengthen connections between local and global efforts and make a broad, meaningful impact on the systems and structures that perpetuate inequality.

“You can read more about Marca and Gbenga in our press release, and learn about our board of trustees on our website.

“Please join me in giving both Marca and Gbenga a warm welcome!”

With thanks,

Darren Walker
President, Ford Foundation

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Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

MARIJUANA: RETHINKING THE ‘WAR ON DRUGS’ IN NIGERIA

By Kayode Ajulo, PhD

In the recent times, there have been calls from different quarters on the need to legalize the use of Marijuana in Nigeria. This legal opinion considers the mischief behind the laws proscribing the production, possession, sale and use of Marijuana and thereafter considers the benefits of legalizing Marijuana in Nigeria.

Classified as an illicit drug in many countries, marijuana is outlawed by many governments. In Nigeria, it is often referred to as ‘Indian hemp’, in the country, Cannabis Sativa, which has enjoyed use as fibre, seed and seed oils, medicinal purposes, and as a recreational drug traces its origin to Central and South Asia. The drug also has many other aliases igbo, dope, ganja, sensi, kuma, morocco, eja, kpoli, weed, trees, etc. Though usually smoked, the plant can be soaked in alcoholic drinks dubbed ‘monkey-tail’, and consumed mostly in the south-south parts of the country. Some people cook food with it, some boil it to drink as tea, while others just chew the plant and seeds.

Physiologically, cannabis causes euphoria, relaxes the muscles and increases appetite. On the downside, the drug can impair motor skills, cause anxiety and paranoia and decrease short-term memory.

Deemed an illicit drug by the law, it had always been an offence in Nigeria to smoke marijuana, and it has largely been frowned upon by society. However, paradoxically, despite increased hounding of growers, sellers, and users, marijuana appears to be consumed in ever greater quantities.

The Agency saddled with the enforcement of drug laws in Nigeria is the National Drug Law Enforcement Agency (NDLEA). The Agency has the job of curtailing the consumption of drugs in Nigeria. The general powers of the Agency is contained in section 3 of the NDLEA Act.

Under the NDLEA Act, which came about by the promulgation of Decree Number 48 of 1989, the possession or smoking of cannabis, or even allowing one’s premises to be used for dealing in cannabis, can result in a prison sentence from 15 years to life. Its precursor, the Indian Hemp Act, was even harsher, carrying a maximum sentence of death.

Statistics show that cultivation to transportation and to sales, the marijuana industry connects different cities throughout Nigeria. At many outdoor markets and public motor garages, it is not strange to see marijuana smokers puffing away.

The 2011 United Nations Office on Drugs and Crime (UNODC) World Drug Report stated that cannabis use was prevalent among 14.3 per cent of 15 to 64 year olds in Nigeria. The same report in 2014 revealed that Nigeria had made the highest number of cannabis seizures of any African country. Following this report, the NDLEA launched a programme dubbed ‘Operation Weed Eaters’ that aimed to rid the country of cannabis.

While marijuana can be grown in all parts of the country, according to the NDLEA, the states that are notorious for cultivating the plant are Ondo, Ogun, Osun, Oyo, Ekiti, Edo and Delta. In September, the NDLEA destroyed cannabis farms in Ute and Ose local government areas in Ondo State and arrested 30 suspects, seizing 31 kilograms of dried weed suspected to be marijuana in the Suleja area. Between January and June 2014, NDLEA arrested 4,511 suspected drug traffickers and seized 47,423 kilograms of drugs. Of that number, cannabis accounted for 45,875 kilograms. Though these seizure figures are high, large quantities of marijuana still find their way to the market baffling the law enforcement system.

Legalizing Marijuana in Nigeria
While it is important to note that many countries including Nigeria have enacted harsh laws against the cultivation, possession or sale of cannabis. In fact, dealing or using marijuana in countries such as Singapore, China, Malaysia, United Arab Emirates, and Saudi Arabia could land one from four years in jail to public beheadings.

But in recent years, some nations have adopted a different strategy of decriminalizing marijuana usage as a way of combating it. These societies have also often reduced the penalties for possession of small quantities of cannabis, so that it is punished by confiscation or a fine rather than by imprisonment. The idea has been to focus more resources on those who traffic the drug.

Uruguay made history by becoming the first country to legalise cultivation, trade and usage of marijuana in December 2013. In countries as varied as the Netherlands, Germany, Mexico, Peru, and Canada, the emphasis has shifted towards the decriminalization of marijuana. Jamaica, a country where marijuana smoking has long been popular, is set to decriminalize it too.

In 2018, Thailand’s military government unanimously approved medical marijuana use, which would make it the first country to legalize cannabis use in any form in Southeast Asia.

There are several laws in Nigeria which prohibit cultivating, possessing and using Marijuana.

Section of 11 of the NDLEA Act provides that:

Any person who, without lawful authority-
(a) imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life; or

(b) exports, transports or otherwise traffics in the drugs popularly known as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life;

(c) sells, buys, exposes or offers for sale or otherwise deals in or with the drugs popularly known as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life; or

(d) knowingly possesses or uses the drugs popularly known as cocaine, LSD, heroine or any other similar drugs by smoking, inhaling or injecting the said drugs shall be guilty of an offence and liable on conviction to imprisonment for a term not less than fifteen years but not exceeding 25 years.

See also Okewu v FRN (2012) LPELR-7834(SC); Nwadiem v. FRN (2018) LPELR-9845 (CA)

Similarly, section 7 of the Indian Hemp Act prohibits the use of Indian hemp.

From the above provisions, the law proscribes the illegal cultivation, use, sell and possession of Narcotics. The poser from the above is “whether there could be instances of legal cultivation, use, sell and possession of Narcotics?”

A careful perusal of the National Drug Law Enforcement Agency Act will reveal that there was no mention of legal use of Narcotics. What could appear to seem as a provision for legal use is provided for under section 3 of the NDLEA Act. The section provides that:
(1) Subject to this Act and in addition to any other functions expressly conferred on it by other provisions of this Act, the Agency shall have responsibility for-…

(h) the facilitation of rapid exchange of scientific and technical information and the conduct of research geared towards eradication of illicit use of narcotic drugs and psychotropic substances;

It is on the heels of this provision that the NDLEA had given a letter of “No Objection” to Medis Oil Company Limited and two others to import seeds of industrial cannabis for research purposes.

Similarly, Under Article 3 paragraph 5 of the 1961 Single Convention on Narcotic Drugs to which Nigeria is signatory to, it is envisaged that as a result of research, a drug may be deleted from schedule IV of the 1961 Single Convention if researches reveal its therapeutic advantages. At the risk of repetition but for the sake of emphasis the Paragraph provides:

A Party shall, if in its opinion the prevailing conditions in its country render it the most appropriate means of protecting the public health and welfare, prohibit the production, manufacture, export and import of, trade in, possession or use of any such drug except for amounts which may be necessary for medical and scientific research only, including clinical trials therewith to be conducted under or subject to the direct supervision and control of the party.

A careful reading of the 1961 Single Convention on Narcotic Drugs reveal that Narcotics may be used by signatory states for research and medical purposes. Cannabis plant or its resin or extract with THC content lower than 1% is considered as CBD (medical) cannabis and not psychoactive.

Economic benefits of Marijuana: Thailand as Case Study

Despite the facts that the mischief which several stringent laws against Narcotics seek to prevent is the harm they do to human health, recent medical studies have also indicated that marijuana can also be beneficial to health.

Thailand’s military government unanimously approved medical marijuana use, which would make it the first country to legalize cannabis use in any form in Southeast Asia.

It is apropos to note that Thailand was once infamous for its harsh penalties on drug users, including the death penalty. Cannabis was also once extensively used in Thailand for medicinal purposes as well as clothing, where fibers from both marijuana and hemp plants were used in creating fabrics. Thailand’s cannabis is one of the country’s largest exports.

Globally, the medicinal cannabis industry is projected to be worth $55.8 billion dollars by 2025. Considering the High rate of employment in Nigeria, legalizing Marijuana will provide job opportunities for many Nigerian youths.

Health Benefits of Cannabis
One of the first big medical issue that cannabis was shown to effectively treat is Glaucoma. Ingesting cannabis helps lower the pressure in the eyeball, giving patients at least temporary relief. It can improve lung health. Some conditions like lung cancer and Emphysema have been shown to regress when cannabis is thrown to the mix.

Cannabis can also offer serious relief for arthritis, especially when using quality cannabis creams and balms. It’s helpful for those with post-traumatic stress disorders (PTSD). It could help regulate metabolism: as it helps your body process and deal with food and obesity, it also helps maintain and regulate metabolism.

It also helps people with AIDS/HIV in the sense that cannabis helps those living with it cope by helping them maintain their diets and handle associated pains and aches. It proved effective for treating nausea: chemical compounds in cannabis react with brain receptors to regulate feelings of nausea. Cannabis could potentially treat headache naturally and won’t chew through your stomach lining or take its toll on ones body.

It has also been found to be at least somewhat effective in the treatment of a handful of sexually transmitted diseases, including Herpes and Chlamydia. It could help with speech problems: if anyone has an issue with stuttering, cannabis can help in the same way that it helps calm spasms and twitches. It can improve skin conditions and treat skin conditions like eczema vide cannabis topical.

Recreational Benefits of Marijuana

Apart from the argument for the legalization of cannabis for medical and medicinal purposes, there is the argument that its possession and use for recreational purposes should be decriminalized. As would be seen, some countries have passed legislation that decriminalizes possession up to certain amounts and allows recreational use and cultivation up to certain amounts too.

Notwithstanding, there remain ethical questions to its widespread use. At the core of this ethical debate is the question: Is it morally wrong to be high? I am certain that we will agree that we might not have a winner in that debate. If we are to go by the fact that it impairs cognitive abilities, then it might be morally wrong to ingest anything that impairs our sense of judgment in any way.

Conclusion
Taking clue from the Utilitarian theory that “actions are right in proportion as they tend to promote happiness”, from the facts and benefits highlighted above, there is really a need to legalize the use of Marijuana in the country.

It is succinct to point out that war on drugs is often far costlier than the drugs themselves. Thus if the money pumped against the use of drugs could be redirected in cultivating Marijuana for economic use, there will be a great boast in the economy of the Country.

Finally, one of the greatest problems in policing the illegal use of cannabis is the enforcement of the laws governing its illegality. This in itself has been one of the big drivers for the calls for its legalization across many countries of the world. Most of the proponents of the legalization of its use for both medical and recreational purposes have stated that its criminalization has not stopped its increasingly widespread use but instead, has helped deny people of its ‘wonder working powers’, as a drug, especially in treating chronic pain as earlier mentioned.

Having considered the benefits accruable to the production, sale and use of Marijuana, it is hereby recommended that the National Assembly should be lobbied to amend the provisions of the NDLEA Act and other relevant laws in order to make room for the legal production, manufacturing, sale and use of Marijuana in Nigeria which in turn boast the economy of the Nation as a whole.

The National Drug Law Enforcement Agency should also enforce the provisions of 1961 Single Convention on Narcotic Drugs and allow the use of Marijuana for medicinal purposes.

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JURISTS STORM LAGOS JUNE 20 FOR LAW WEEK

Leading jurists are set to storm City Hall, Lagos from June 20, 2019 as the Nigerian Bar Association (NBA), Lagos Branch holds its hugely popular Annual Law Week. The week-long event is scheduled to kick-off on Saturday, June 15, 2019 with a health work sponsored by telecom giant, MTN Nigeria Plc. The theme of this year’s Law Week is “Law and Development in an Emerging Economy.”

Aside from firebrand economist, Mr. Bismarck Rewane who will tackle the sub-theme, “The Nigerian economy: 2019 outlook and opportunities for lawyers,” eminent jurists that have confirmed attendance as part of the stellar faculty are Justice Habeeb Abiru of the Court of Appeal; NBA President, Mr. Paul Usoro SAN; former Lagos State Attorney-General & Commissioner for Justice, Mr. Supo Shasore SAN; Mr. Gbenga Oyebode MFR, Mr. Asue Ighodalo as well as leading environmental law expert and Lagos State University Vice Chancellor, Prof. Lanre Fagbohun SAN.

Other confirmed faculty members are Delta State Chief Judge, Justice Marshal Umukoro; Mr. Tunde Fagbohunlu SAN; former Lagos State Solicitor-General, Mr. Fola Arthur-Worrey, renowned activist and law teacher, Dr. Sam Amadi; Mr. Peter Derey; reputed international lawyer, Mr. Charles Adeogun-Phillip and Ms. Yimika Adesola of “Legally Engaged.”

Expected at the popular Young Lawyers’ Forum are billionaire blogger, Ms. Linda Ikeji; popular TV host and lawyer, Mr. Ebuka Obi-Uchendu, Prince Joel and Deji Olomojobi among others.

At a press conference to herald the Law Week, NBA Lagos Branch Chairman, Mr. Chukwuka Ikwuazom noted that the law week would be the last for his regime which has been adjudged by many lawyers as highly innovative and successful, adding that no effort would be spared to ensure that it leaves a lasting impression on the minds of participants.

On his part, Chairman of the 2019 Law Week Planning Committee, Mr. Tola Oshobi SAN assured prospective participants that the technical sessions in particular have been fashioned to add immense value to every lawyer’s practice. According to Oshobi, who is leading the committee for the second consecutive time, among the topics lined up for the sessions holding on June 20 and 21 at City Hall, Lagos are “Emerging trends in technology and innovation;” “Smart response of the legal profession to technological advancements;” “The 21st century workplace in context: law firm focus;” “Administration of justice and the courts: A dialogue between the Bench and the Bar;” “Rain making and management of client expectations;” “The young lawyers’ forum: Entertainment, sports and media,” and “Sustainable development and the environment.”

Other activities earmarked for the week are health check, visit to prisons and Pacelli School for the Blind, Elders’ Night to be hosted by leading commercial lawyer, Mr. George Etomi and a closing party on June 21.

Alternate Chairman for the Law Week Planning Committee, Mr. Andrew Malgwi noted that registration for the week has since commenced and can be done online at www.nbalagos.org or at the Branch Secretariat among other channels. Non-lawyers can also register to benefit from the intellectual feast, he noted.

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Copyright 2019 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

AGC Registration is Scandal-free, Says TCCP

The Nigerian Bar Association (NBA) Technical Committee on Conference Planning (TCCP) has said that registration for this year’s Annual General Conference (AGC) has not witnessed any hitches so far.

Responding to a CITY LAWYER report that some lawyers may be attempting to circumvent the AGC payment system through proxy registration, several TCCP members decried the report as “misleading,” saying AGC registration is going on smoothly and has not witnessed any scandal.

Meanwhile, TCCP Co-Chairman, Mr. Olumide Akpata has said that the committee “will definitely be taking it (report) up.” An NBA official who telephoned CITY LAWYER earlier asked that the report should be pulled down. He also alleged ‘political bias’ against CITY LAWYER. This allegation against CITY LAWYER has been repeated by at least two other ranking TCCP officials.

Unleashing the first salvo of criticisms from TCCP members, Chairman of the AGC Media & Publicity Sub-Committee, Mr. Kunle Edun said in an online post: “Gentlemen, this publication is misleading and very unfair to members of the NBA and TCCP. We urge all bloggers particularly Citylawyermagazine of which Emeka Nwadioke Esq is the alter ego to always get their facts right before going to the press with sensational headlines.

“Registration is going on smoothly and there has been no interruptions (sic) so far. Certainly, there is no reported registration scam. It is just in the imagination of the publishers. Members are advised to ignore such publications.

“Contact numbers have been published and members are free to use the channel numbers to reach the TCCP for any information.”

In another post, Edun also claimed that the report was motivated by what he called “partisan interests,” adding: “Bad journalism and most unfortunate. We should not bring in partisan interests into a clearly professional matter.”

Some sources close to NBA House have occasionally criticized some legal bloggers as belonging to some camps or aligning especially to former NBA presidential candidates, alleging that such bloggers are yet to get over the recent NBA presidential elections.

On his part, Nigerian Law School teacher and TCCP member, Mr. Sylvester Udemezue said: “The news report is misleading and a propagation of falsehood. The headline doesn’t only shout, it shouts falsehood, capable of misleading unsuspecting members of the bar.

“I hope the news report isn’t a sponsored game to discredit the noble efforts of the TCCP for the 2019 NBA-AGC. We wouldn’t lie low and allow such jobless propagation of falsehood in place of truth. Responsible journalism requires that the reporter verifies every information (sic) received before going to town with the metal gong.”

Another TCCP member, Mr. Anthony Atata, said: “Brother, I have read this over and over again without sighting the scandal you are talking about. Kindly come down to my level and educate me accordingly.”

Responding in an online post, Akpata said: “This is simply irresponsible and unacceptable reporting and the TCCP will definitely be taking it up.” Akpata later telephoned CITY LAWYER and demanded a retraction and an apology relating to the report. He stated that a notice by the TCCP warning lawyers to abide by AGC registration guidelines does not amount to a “scandal.”

But a Bar Leader and ranking member of Ikeja Branch, Mr. Dan Okoye disagreed, saying: “I doubt if the substance can be described as false or misleading!! Can a lawyer called to bar 15 years ago use the tag of an unwilling junior who’s 3 years at bar? Is a registration transferable?”

He added: “Whatever happens, my humble advice to lawyers: you either register or ignore the Conference. Just plan to attend the AGM (courtesy NBA Ikeja Branch, 2012 AGC Protest) and other side attractions. Don’t gate crash, it’s demeaning.”

Another lawyer Nzeakor Atulomah posed several queries thus: “Is it not a greater scandal that the so-called TCCP imposes charges that regular members of the Bar find unaffordable and then try to circumvent? Is it not also such a great national shame that only two branches – Lagos and Abuja – can readily host NBA AGCs? Is that not telling of the state of our development as a nation?

“Why must there be AGC every year? To what purpose in particular? Why can it not hold once in two years? Is it not increasingly clear that the NBA is incrementally alienating itself from the lives of its most vulnerable members – the young counsel and distressed members? More questions than ever answers.”

The notice issued yesterday by Edun had stated as follows:
TCCP-2019 AGC NOTICE UPDATE

“We wish to advise intending conferees to register for the conference only with their correct personal and professional details: name and age at the bar are mandatory. The e-paymnt portal has inbuilt capacity that automatically detects wrong entries. We advise members to be very certain about their personal details when registering.

“Be further informed that TCCP has also made additional arrangement for a second security filter at the Conference venue for all Conferees. The devise shall be used at random by security officials assisted by TCCP officials for all Conferees before accessing the Conference venue. The purpose of this security arrangement are

a) to ensure that the entries in our data match with the details of the person presenting the access card.

b) as a cautionary additional security layer.

“It is therefore important that intending conferees enter their correct details when registering. REGISTRATION OR ATTENDANCE BY PROXY SHALL BE CONSIDERED AS A SERIOUS SECURITY AND A GROSS PROFESSIONAL MISCONDUCT.”

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Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

AGC: ‘WHY WE CAN’T RELEASE RATES NOW’

  • Prof. Ajayi is not a paid consultant

There are strong indications that the inability of the Nigerian Bar Association (NBA) Technical Committee on Conference Planning (TCCP) to agree on the rate for international delegates at its last meeting in Lagos is delaying official release of the fees for the 2019 Annual General Conference (AGC).

An impeccable source within the TCCP told CITY LAWYER at the weekend that the need to attract more international delegates to the conference has necessitated more brainstorming on the matter.

“We want to attract more African delegates to the conference,” he said. “Some stakeholders are of the view that the proposed $500 rate is rather high and may discourage international participants. So, we are still consulting on the appropriate rate. That is why we cannot release the AGC rates now.”

Given that $300 is now the advertised rate for international delegates, it was unclear at press time whether the debacle over the fee for this category of participants has now been resolved.

According to the ranking TCCP member, other rates have however been agreed upon by the committee. “The committee resolved to address the fears of lawyers,” he said. “This led to very lively brainstorming among committee members and made the meeting to be long drawn.” NBA President, Mr. Paul Usoro SAN had while inaugurating the committee assured delegates of a “pocket-friendly” conference.

CITY LAWYER had reported that there was anxiety among the legal community on a possible hike in AGC fees as the committee met last Thursday.

The TCCP member however told CITY LAWYER that the committee would retain the 2018 rates, even as 25% discount has been extended to 1-10 years post-call lawyers on early bird rates to allay fears of a prohibitive AGC fees regime. The advertised rates on the 2019 AGC website are as follows:
1-5 years – ₦20,000.00
6-10 Years – ₦30,000.00
11-15 Years – ₦40,000.00
16-20 Years – ₦60,000.00
Above 20 Years – ₦100,000.00
Senior Advocates of Nigeria, Honourable Attorneys General, Benchers – ₦200,000.00
Magistrates – ₦50,000.00
Honorable Justices, Honorable Judges, Grand Khadis, Khadis – ₦75,000.00
Senior Citizens (Lawyers age 75 years and above) – ₦50,000.00
Non-Lawyers – ₦100,000.00
International Delegates – $300.00

When discounted for the early bird window, lawyers of 1-5 years post-call will pay N15,000 while those with 6-10 years post-call will pay N22,500.

Asked whether the rates are commensurate with the AGC package, the committee member answered in the affirmative. He said that apart from the huge overhead cost in delivering a world-class conference, each delegate would be given a “convertible, all-purpose” conference bag containing flash drive, charger, calendar “and other freebies.” CITY LAWYER also gathered that the committee is negotiating with some manufacturers and outlets to avail delegates with shopping vouchers with which to purchase items at discounted rates. “We want the delegates to have a feel of this year’s conference,” he emphasized. “But I can tell you that tablets are gone for good.”

“This is the first TCCP that has two chairmen,” he added. “This is informed by the need to deliver a world-class conference and ensure that members do not have any complaints whatsoever.” It is recalled that former NBA Section on Business Law (NBA-SBL) Chairman, Mr. Olumide Apata was recently co-opted into the committee. He was not in the original 42-member committee inaugurated by Usoro on January 18, 2019. The NBA-SBL has carved a reputation for organizing seamless conferences.

The TCCP member said that registration for the AGC would commence this month, even as he assured that the draft budget is ready and would be presented to the next NBA National Executive Committee (NBA-NEC) meeting in June for approval. This is notwithstanding the “anticipatory approval” given to the committee at the last NBA-NEC in March.

On the controversy surrounding the appointment of Eventful Nigeria Limited as the “event planner” for the conference, the committee member argued that no member raised eye brows when the matter was discussed by the committee, adding: “Even when we asked the lady (Eventful) to leave the meeting briefly, nobody raised any issue. If any member had issues with the appointment or had special skills that would have made such appointment unnecessary, he or she should have said so when the matter was debated. That would have even led to more cost efficiency. However, we are lawyers; we are not event planning experts.”

Also speaking on the concerns being raised on the appointment of former TCCP Chairman, Prof. Konyinsola Ajayi SAN as a “consultant” to the committee, the member said the controversy was unnecessary. “The fact is that no TCCP member is being paid,” he said. “In fact, we use our own money to fund the activities of the committee, paying for our flight tickets and lodging among others. This is not in the public domain.

“Prof. Ajayi is not a paid consultant. It was decided that due to his privileged status as a former TCCP Chairman, he should be given a special title as ‘consultant.’ That is all. How much can you pay such a person?”

It is recalled that Usoro had while inaugurating the committee said: “The composition of this year’s AGC TCCP comes with some innovations and exciting bonuses. First is the selflessness of all the Committee members. I spoke with each of the 42 members and they all committed to serve on the Committee at minimal, if any, cost to the National NBA purse as it relates in particular to their transport and accommodation for Committee meetings. That is exemplary, and I cannot thank them enough for this commitment and sacrifice.”

This year’s conference, the 59th edition, is scheduled to hold between 23rd and 29th August, 2019 at Eko Hotel & Suites as well as Harbour Point, Ikoyi. The theme is “Facing the Future.” A provisional AGC programme has been uploaded on the conference website. However, the accommodation details are still reflecting the schedule for the 2018 conference held at Abuja.

Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

AGC: FEAR GRIPS LAWYERS OVER FEES

  • AS TCCP MEETS TODAY

There is palpable anxiety within the legal circles as the Technical Committee for Conference Planning (TCCP) meets today to determine the fees for this year’s Annual General Conference (AGC).

The “proposed fees” which were presented to members of the Nigerian Bar Association (NBA) National Executive Committee (NEC) at their meeting in March have been viewed by many lawyers as prohibitive. The TCCP also seems divided on the appointment of a Consultant and an Event Planner for the flagship conference.

CITY LAWYER gathered that till date, the committee has been working without a budget, even as it continues to make payments for some of the AGC activities.

According to a member of the committee who spoke on condition of anonymity, “I can tell you unequivocally that there is no budget yet at the TCCP. There is also no information on the package for which the AGC fees have been proposed. This issue was raised at the March NEC Meeting but till date, nothing has been done.”

The TCCP member said that “part payment” has been made for EKO Hotel & Suites which is the main venue for the AGC. Other venues being considered to host some AGC events are Nigerian Law School and the highbrow Harbour Point in Ikoyi.

Querying the appointment of a “Consultant” for the conference, the member said that the NBA “has never used a consultant to organize its AGC,” adding, “What is the fee for the consultant?” Prof Konyinsola Ajayi, SAN was appointed “Consultant” by NBA President, Mr. Paul Usoro SAN. The member stated that the Consultant has been sparsely attending TCCP meetings.

The TCCP member also carpeted the committee for hiring an “event planner” for the conference, saying that former NBA General Secretary, Chief Phillip Umeh kicked against the plan during the March 28, 2019 NEC Meeting in Abuja. “We have colleagues who can discharge these duties,” the member said. “But instead TCCP is using an event planner.” Eventful Nigeria Limited is the designated event planner for the conference. It has been alleged that such event planners are often used as conduits to siphon AGC funds. The allegations remain unproven.

The member stated that it was such alleged profligacy that led to the current NBA debt over-hang in excess of N50 million, with AGC arrears forming the bulk of the debt. It is also recalled that NBA is yet to redeem the 2018 AGC Raffle Car Prize won by Rabiu Ayuba, a lawyer.

Asked whether the appointment has been firmed up, the member said: “The event planner has been attending meetings, thereby siphoning NBA’s scarce resources. Everything is shrouded in secrecy.”

Reputed as the largest gathering of lawyers on the African continent, the AGC has often been beset by hiccups and occasional scandals. The NBA does not seem to have gotten a handle on the logistical nightmares posed by its flagship conference, with the result that every succeeding year has witnessed a litany of complaints by participants.

CITY LAWYER recalls that former NBA presidential candidate, Prof. Ernest Ojukwu (SAN) had in a May 14, 2018 letter to former NBA President Abubakar Mahmoud (SAN) called for a reduction in the 2018 AGC fees. He wrote: “At the NBA NEC meeting Kano, all the speakers (including me) spoke in support of a reduction of the conference fees and Mr. President graciously directed the TCCP not to impose fees more than that of 2017.

“Mr. President may need to guide the TCCP further on this especially on the amount to be paid by lawyers under 10 years for the early bird. There is need to review the rate of 2017 further down especially as members have rejected the use of tablets for the 2018 conference. While everything should be done to support a high standard conference, everything must also be done to reduce the burden on members. Our members are really seriously complaining.”

According to the proposed schedule of fees, lawyers who are 1- 5 years post-call are to pay a humongous N25,000 for early bird; N40,000 for regular fee and N60,000 for late fee. For 6-10 years, the fees are N35,000 for early bird; N50,000 for regular and N80,000 for late fee.

Lawyers who are 11-15 years post-call will pay N50,000 for early bird; N65,000 for regular and N90,000 for late fee. For 16-20 years post-call, the fees are N70,000 for early bird; N85,000 for regular and N100,000 for late fee, while for 20 years post-call, the fees are N100,000 for early bird; N150,000 for regular and N250,000 for late registration. For Senior Advocates, Attorneys-General and benchers, a flat N250,000 applies.

The inability of TCCP to generate a budget upon which expenditures are made seems to be a recurring decimal. Regarding the 2018 AGC, Ojukwu, a former Deputy Director-General of the Nigerian Law School, wrote: “Mr. President expressed surprise during his remarks at the NEC meeting that the TCCP did not submit a budget for the conference. It would be very necessary that this anomaly be rectified as an urgent action Sir to conform to Section 21(c) of our constitution and the principle of openness, transparency and accountability. In fact it is only by providing a budget shall we be able to assess the conference costs by determining what is necessary and reasonable cost we must incur at this time of members’ serious economic difficulties.”

Ojukwu had also queried the absence of the accounts for the 2017 AGC, saying: “At the Uyo NEC meeting of November 2017, the TCCP Report of the Annual General Conference was deferred to the next NEC meeting. See the Para 9.1 of the NBA NEC minutes of 28th Feb-2nd March 2018 at Ilorin.

“That 2017 account was not rendered at the Ilorin NEC or at the recent Kano NEC. It seems to me that this is a fundamental omission. I missed the matter earlier otherwise. I would have drawn your attention to it.”

A source told CITY LAWYER that there are no records at NBA House on the 2017 and 2018 AGC. But there are strong indications that the 2018 AGC Committee led by Mr. George Etomi presented accounts showing that N1.2 Billion was spent on the conference.

An attempt by Ajayi to present the 2017 AGC Report at Uyo NBA-NEC was truncated as NEC members demanded a more detailed breakdown. CITY LAWYER however learned that the accounts ran into troubled waters when Ajayi discovered that some National Officers who were also TCCP members allegedly incurred over N70 million hotel bill on “Bar Leaders,” claiming that was “the tradition.” The source said that while about N1.4 Billion was raised by the committee, the bulk of which was through Ajayi’s goodwill and hands-on marketing, the entire sum was allegedly frittered away. Ajayi was said to have sought a budget ceiling of N800 Million, with the remainder ploughed into NBA coffers. It was unclear at press time whether this has stalled the report. A member of the 2017 TCCP committee however told CITY LAWYER that members never made input into the draft committee report as it was not circulated to members.

The AGC fees were first jerked up in 2017 by almost 100%, with young lawyers who hitherto paid N8,000 compelled to pay N20,000 as “early bird” fee prior to a reduction by the NBA-NEC. Onsite registration was pegged at N25,000 for young lawyers. The hike was attributed to the introduction of tablets as a part of the AGC package. But some lawyers claimed that the tablets were of inferior quality. 2018 fees saw young lawyers in year 1-5 bracket cough out N20,000 each. Unlike 2017 when tablets were dangled as a bait, no such package was included. N25,000 has been proposed by TCCP for young lawyers for this year’s registration, even as the package remains unknown. However, the AGC portal http://nbaconference.com/loader/register_home.php records N20,000 as the early bird fee payable by young lawyers. But registration is yet to commence. 6-10 years post-call fee is N30,000 and 11-15 years post-call fee is N40,000. 16-20 years post-call is pegged at N60,000 while above 20 years post-call is set at N100,000. Senior Advocates of Nigeria, Honourable Attorneys, General Benchers are to pay an early bird fee of N200,000 while Magistrates pay N50,000. Honorable Justices, Honorable Judges, Grand Khadis, Khadis will pay N75,000 while another category tagged “Senior Citizens (Lawyers age 75 years and above)” is to pay N50,000. This category was introduced in 2017.

While inaugurating the 42-member AGC committee, Usoro had especially assured that the AGC fees would be “pocket-friendly.” His words: “In my discussions with the Committee, I have impressed on them the expectations of our members for the best and most memorable Conference in 2019, both in terms of content and in being pocket-friendly vis-à-vis the conferees and the Conference output. I have in that wise extracted the commitment of the Committee, through its Chairman, that the 2019 AGC will live up to those billings. As National Officers, we are mindful of the promises that we made to our members in my Inaugural Address and we shall strive to keep and live by those promises in the planning and hosting of the 2019 AGC.”

He also emphasized that the NBA-NEC must approve all the activities of the committee, saying: “The Committee would report directly to me and would, as required obtain specific approvals from NEC for its assignments.”

NBA Publicity Secretary Kunle Edun again echoed this commitment in a press release when he said: “At the last NEC meeting of the NBA held in Abuja in Abuja on 28/3/2019 the TCCP Chairman presented the Committee’s report to NEC. NEC approved the report and members will be advised soon on the conference fees, which would be pocket friendly.”

The TCCP is chaired by renowned lawyer, Mr. Gbenga Oyebode MFR. It remains to be seen whether the committee will retain the current regime of fees even in the absence of any significant package for conferees and in light of shrinking opportunities for lawyers.

Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA LAGOS LAW WEEK HOLDS JUNE 15

The Nigerian Bar Association, Lagos Branch will hold its popular annual Law Week for this year from June 15 to June 21, 2019. The two-day plenary sessions will hold at the highbrow City Hall, Lagos.

Among the highlights of the event which is usually attended by the cream of Nigeria’s bar and bench are the classy Opening Ceremony, plenary sessions, health walk, prison visits, health check, closing party and Elders’ Nite.

Spearheaded by the cerebral Mr. Oyetola Oshobi SAN who also anchored last year’s highly successful week, the Law Week Planning Committee has been combing the entire legal landscape for A-list speakers. Over 40 leading jurists had audiences asking for more at last year’s event. The theme was “Human Capital and the Legal Profession in the 21st Century.” The theme for this year’s Law Week is still under wraps and will be unveiled at a Press Conference to formally herald the week.

Meanwhile, registration for this year’s law week has since commenced. Multiple registration channels have been provided by the Law Week Committee towards a seamless and hassle-free registration experience for intending participants. These include payment at the bank or through POS at the branch office. Participants can also download the registration form and pay through the payment gateway on the branch website.

The registration rates are below:

1-7 years: N3,500
8 – 15 years: N5,000
16 – 19 years is 10,000
20 years and above is N15,000
SAN AND BENCHERS N20,000

Please make payment to Nigerian Bar Association Lagos Branch at Access Bank. Account Number is 0728253326. Please return the registration form to the branch office with proof of payment.

For enquiries, please contact:
Nkem Agboti
08035739791
nagboti@gmail.com.

Oluyemisi Iwajomo:
08064112076
olwajomo@babalakinandco.com

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My ordeal with EFCC, by Ubani

Former Nigerian Bar Association (NBA) Second Vice President, Mr. Monday Ubani has shed more light on his face-off with the Economic and Financial Crimes Commission (EFCC).

According to Ubani, circumstances conspired to foist a state of helplessness on him, moreso as he personally persuaded his client and former National Insurance Trust Fund Chairman, Mrs. Ngozi Olejeme to return to Nigeria to face her charge.

His words:

Friends, thanks. It is not as if I was careless. See reasons for my action which now looks as if I was sentimental:

  1. I brought the said woman back with all her family members from South Africa to come and respond to her allegations.
  2. She had multiple operations prior to her coming and requested that her medical condition will not permit of any detention.
  3. Despite that fact, she was detained for 14 days in a hospital before release.
  4. Her health was deteriorating during that detention and pressure was mounted on me the lawyer to get her out on bail.
  5. She presented qualified sureties in accordance with the bail condition of EFCC but was rejected by them.
  6. They insisted on senior citizens and important personalities to stand.
  7. EFCC said that they won’t mind if I stand for her since I was the person that brought her back.
  8. The time for this discussion was 10 pm.
  9. The said woman had not taken her bath for the 14 days she was in detention due to her health condition.
  10. It would have amounted to a betrayal to her and a dent to my own integrity towards a woman I brought back to reject to stand for her when that window of opportunity was thrown open that my suretyship will suffice.
    11 Think what you will do if you were in my shoe.
    12 It is easy to criticize when you are not the one involved or if you do not have the full facts or know the full circumstances.
    She was later chased away for another matter that has nothing to do with the matter she came for. They invaded her home with several policemen and searched her house for over 3hrs. She was really scared and slipped away from her house when they left her to go for another matter. Since that day she ceased communication with me. I still went after her by getting INTERPOL to place her on Red Alert which was what I went to report at EFCC and was asked to be locked up for 24 days. IT SHALL END IN PRAISE! The experience while in there was a tremendous BLESSING FOR ME. THANKS FOR STANDING FOR ME AND WITH ME SIRS AND SISTERS. MOU.

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ONNOGHEN: ACCESS TO JUSTICE WANTS UMAR SACKED

A leading human rights group, Access to Justice has called for the removal of Code of Conduct Tribunal Chairman, Mr. Danladi Umar, saying the move will restore confidence in the tribunal.

Reacting to the tribunal’s judgement on suspended Chief Justice of Nigeria, Justice Walter Onnoghen, Access to Justice (A2Justice) said that the tribunal is not independent of the executive arm of government.

In a statement jointly signed by Messrs Joseph Otteh and Daniel Aloaye, its Executive Director and Programme Officer respectively, A2Justice warned that with the spectre of a criminal charge hanging over the head of the tribunal’s chairman, Mr. Danladi Umar, the Executive arm is bound to arm-twist the jurist to do its bidding. It said: “It is clearly feasible to argue, at least theoretically, that all an executive government needs to do to get the Code of Conduct Tribunal groveling to its side is to raise the spectre of pursuing a corruption trial against its Chairman, Danladi Umar. That is just how vulnerable the leadership of the Code of Conduct Tribunal is. There needs to be a change in the chairmanship of the Tribunal if it is to inspire public confidence in itself.”

The human rights group described Onnoghen’s trial as “shambolic,” adding that the outcome of the trial was “pre-determined.”

It also carpeted the procedures adopted by the tribunal in reaching its verdict, saying they were “far too faulty and flawed to be regarded as a judicial process.”

Saying that it had no opinion on the guilt or otherwise of the Supreme Court jurist since he is presumed innocent by the Constitution, A2Justice added that “The bizarre and egregious procedure taken to unseat Justice Onnoghen was an unmistakable indication that no barrel was too deep to plumb in getting to achieve what the Tribunal wanted to achieve, and no rule or principle of law was strong or revered enough to forestall its plan.”

Below is the full text of the statement.


ABSURD. SHAMBOLIC. – TRIAL AND JUDGEMENT OF CODE OF CONDUCT TRIBUNAL IN FRN V. ONNOGHEN PLUMB THE DEPTHS OF TRAVESTY

Today, April 18, 2019, the Code of Conduct Tribunal in a judgment delivered by its chairman, Mr. Danladi Umar convicted Justice Walter Onnoghen on a six-count charge of false declaration of assets. The charges were filed on January 10th 2019 by the Federal Government of Nigeria following a petition to the Code of Conduct Bureau on January 9th 2019 by an organization (the Anti-Corruption and Research Based Data Initiative). Following its verdict, the Tribunal ordered Justice Onnoghen’s removal from judicial office as Chief Justice of Nigeria, as well as the seizure and forfeiture of the monies in his accounts. It also barred him from holding public office for ten years. The Code of Conduct Tribunal is a quasi-criminal court saddled with the responsibility of handling complaints of non-compliance with the Code of Conduct for Public Officers. The primary objective of the Code of Conduct Tribunal, as provided under its Enabling Act is to establish and maintain a high standard of morality in the conduct of their official functions by public officials.

Access to Justice (A2Justice) takes no position on whether Justice Walter Onnoghen committed the infractions with which he was charged or indeed is guilty of offences related to them. A2Justice abides by the rule of law principle that all persons are equal before the law and that no person should be above the law. However, a cardinal rule of law requirement is that courts and tribunals which exercise judicial powers should be independent of other arms of government and appear, in the perception of reasonable observers, to be so independent.

Unfortunately, the Code of Conduct Tribunal did not offer this guarantee of independence, neither its perception. Far from it. The Tribunal had, from the word go, drawn the handwriting on the wall indicating that it was bent on a particular outcome, and that it would look neither to the left nor to the right in the blind pursuit of that goal. At several pivotal junctures in the course of the trial, the Tribunal appeared to demonstrate that it was clearly on the same side with the government, and was not sitting as an unbiased umpire or judicial arbiter.

Nowhere was this more evident as when Danladi Umar and another member of the Tribunal granted, speaking figuratively, under cover of darkness on January 23rd 2019, an ex-parte Order removing Justice Walter Onnoghen as Chief Justice of Nigeria. The bizarre and egregious procedure taken to unseat Justice Onnoghen was an unmistakable indication that no barrel was too deep to plumb in getting to achieve what the Tribunal wanted to achieve, and no rule or principle of law was strong or revered enough to forestall its plan. It will not surprise many that the Code of Conduct Tribunal reached the verdict it did after using very questionable procedures from the very start.

It would be a serious fallacy to characterize the Tribunal’s verdict as one reached after a due process trial using even the lowest possible denominators of what a fair trial represents. The procedures adopted by the Tribunal in the case were far too faulty and flawed to be regarded as a judicial process. To reasonable observers, it would appear that the Tribunal’s procedure and speed were deliberately contorted to enable it reach its pre-determined outcomes, and its verdict was simply a reflection and product of the shambolic trial.

Undoubtedly, Justice Onnoghen’s trial before the Code of Conduct Tribunal was, in every way, grossly and grievously unfair, and no fair-minded court or tribunal could have descended to the depths the Code of Conduct Tribunal delved in trying to convict Walter Onnoghen on the charges against him in order to remove him from office. The Tribunal was so desperate to convict Justice Onnoghen that it had to overturn or side-step its previous judgments on similar matters, decisions such as those given in a prior case involving another Justice of the Supreme Court. A cardinal principle of our Common Law system is that similar cases are decided alike in other to prevent arbitrariness and caprice in the adjudication of cases.

This is not a way to fight corruption. There is no positive, but rather, there are plenty negatives to this flawed judgment. This judgment merely shows how much is still lacking in Nigeria’s courts and tribunals and how distanced they truly are from being independent vehicles of justice. Unfortunately, the Code of Conduct Tribunal has been headed for a long time by a person who himself has been the subject of corruption allegations, and that, in itself, is a major weakness.

More than changing its leadership, constitutional reforms must make the CCT a more independent institution. As Danladi Umar himself said in his judgment today, “…CCT also is not under the supervision of the National Judicial Council but the Presidency…’’. A Tribunal under the Presidency cannot be independent of the Presidency, which is a political institution.

Ultimately, the trial and judgment of the CCT will disparage Nigeria’s system of justice in the eyes of the international community. More than that however, they show that, despite elaborate constitutional arrangements to guarantee an independent Judiciary, as well as constitutional rights to a fair trial, the judicial process is still weak and leaking through many crevices leaving many citizens defenceless and exposed as a result. We see this situation in the Code of Conduct Tribunal. No democracy can flourish under such conditions.

For Access to Justice
Joseph Otteh Daniel Aloaye
Executive Director Programme Officer

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ZAMFARA ELECTION: THE TASK BEFORE SUPREME COURT

By IGE ASEMUDARA

Prominent lawyer and Managing Partner of Royal Practice (Legal Group), Ige Asemudara argues that there is no ambiguity as to the path the Supreme Court should tread in the Zamfara State elections saga

There is no gainsaying the fact that non-compliance with rules and disobedience to law and order has been the bane of the Nigerian state; her institutions are bogged down by it and her machineries are almost grinding to a halt. Thus, government agencies and departments are either unproductive, under-productive or counter-productive. From university admissions to recruitment into government services, and the administration of public services of the federation and its various constituent states, standard procedures are hardly ever followed. This general affliction of the Nigerian state is replicated in virtually all the facets of public life including electoral matters. Nigeria stinks as impunity reigns! In Nigeria, the law merely stares as its assailers rapes and tortures her.

In electoral matters, Nigeria has been greeted by a spate of breaches of the rule of law and standard electoral practices making her a laughing stock in the international community. Failure to play by the rules has been a serious challenge for the various participants. It is unfortunate that many powerful individual aspirants or candidates and their political parties are involved in the deliberate and arrogant assault on the electoral laws. The involvement of political parties in these breaches manifests during inter-parties general elections as well as intra-party primaries. In law, the internal democracies of parties are as important to the process as the general elections and the Electoral Act, 2010 does not pretend about this. Due to the bad practices of the past years and the criticisms leveled against the Independent National Electoral Commission (INEC), the electoral umpire decided to rise up and ensure compliance with the law. The result is the Rivers and Zamfara debacle.

Whilst Rivers has been laid to rest vide the Supreme Court decision of 11th February, 2019, Zamfara appears to still pretend that there is a misty cloud of uncertainty as the two All Progressives Congress (APC) factions continue in legal warfare. The other participating political parties have also continued to embark on series of journeys targeted at resolving the log jam in their favour. In all of these, where does the law stand in Zamfara ? What must INEC do in the rare circumstances of the issue and in view of the law particularly the decision of the Court of Appeal (Sokoto division) graciously rolled down by my Lords, Tom Shaibu Yakubu, Tijjani Abubakar and Jamilu Yammama Tukur JJJCA on the 25th day of March, 2019?

In the prelude to the 2019 general election, APC had failed, neglected or refused to conduct a primary election for the aspirants to the governorship, National Assembly and State House of Assembly positions in Zamfara state before the lapse of time as provided by law. So, INEC communicated its intention not to include any candidate of the APC for these positions in the election until the party rushed to the Zamfara State High Court to secure a judgment that compelled INEC to recognise and include the candidates of the party submitted by the state chairman of the party. It was under this circumstance that the parties went into the general election on 9th of March, 2019. Whilst this went on, an appeal was pending against the judgment of Shinkafi J. which mandated INEC to recognize and include the names of the candidates of the APC on the ballot papers. Eventually, INEC announced the results of the March, 2019 governorship election and declared Alhaji Mukhtar Shehu of the APC as the winner of the election scoring 534, 541 votes to defeat Dr. Bello Muhammad Mutawalle of the People’s Democratic Party (PDP) who polled 189, 452 votes. Thereafter, the Court of Appeal concluded the hearing of the appeal lodged by Senator Kabiru Marafa and others and gave a judgment setting aside the decision of the High Court thereby nullifying and invalidating the APC primaries purportedly conducted on the 3rd and 7th day of October, 2018 in Zamfara state. This made INEC to immediately withhold the issuance of certificate of returns to the APC members in Zamfara state. This seems to have created a misty atmosphere in Zamfara which ought not to be as the law is clear enough on an issue such as this.

According to Lon Fuller, Law is the enterprise of subjecting human conduct to the governance of rules. In his Morality of Law, Fuller identified eight principles of legality which are generally accepted by legal scholars as capturing the essence of the rule of law. Without bogging down the reader with the details of Fuller’s proposition, it suffices to say that the provisions of the Electoral Act, 2010, the Constitution of the Federal Republic of Nigeria 1999 (as amended), the actions and conduct of INEC as the administering authorities of the electoral laws as well as the decision of the Court of Appeal on the 25th of March, 2019 are all within the enduring parameters of legality envisaged by Fuller. In simple terms, every participant in an election is not only expected to comply with the rules but he is bound by the clear rules and laws applicable to the said election for there is no game without a rule.

There has been a raging debate on what INEC ought to do under the circumstance. Like the preponderance of opinion, the Court of Appeal agreed and held that APC failed to comply with the provisions of Sections 31(1) and 87(1&2) of the Electoral Act, 2010. In reaching its decision the Honourable Court of Appeal quoted extensively from the Supreme Court’s decision in LAU V. PDP (2007) LPELR – 42800 (SC) @ pp 24-26 thus: “This is a hard and very bitter lesson for political parties to learn, they may have chosen candidates or eminent personalities they want to present as candidates to INEC, but they have to play by the rules, the chosen candidates must comply with the requirements of the law; they must abide by the provisions of the electoral Act, which creates a level playing field for all aspirants, who seek to contest elections. So, the political parties and their candidates must obey the Rules”. Now, it is without doubt that section 87(9) of the Electoral Act, 2010 provides that “where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue”. In the Zamfara situation, the candidates have been included in the election based on a court order which has now been reversed. The reversal means that the inclusion of APC candidates in the election was not just wrong but void.

It is humbly submitted that the refusal by INEC to issue the APC candidates certificates of return for the elections of 9th March, 2019 is in tandem with law. This is because in law, one cannot place something on nothing and expect it to stand. Lord Denning said that much in U.A.C. V. Macfoy (1962) A.C. 153 when he held that “If an act is void, then it is in law a nullity…. It is automatically null and void without much ado, though it is sometimes convenient to have the court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad”. It is safe for INEC to hold on to the certificate until any appeal lodged at the Supreme Court is determined.

However, at the moment seeing through the eyes of the law in the spectacle of the Court of Appeal judgment of 25th March, 2019, the candidates of the APC never participated in the election and have no rights to take any benefit of it. INEC must however, bear in mind that like nature, the law abhors vacuum and governance must go on despite these electoral hurdles. In case there is no judgment from the Supreme Court before the 29th May, 2019, it is the candidates of the party that polled the second highest votes in constituencies and districts where APC came first, which should be handed the certificates of return and sworn-in. For instance, in the governorship position, Dr. Bello Muhammad Mutawalle of the PDP who came first among the lawful candidates in the election should be the person to be handed the certificate of return and sworn-in as the Executive Governor of Zamfara State the victory of the purported candidate of the APC over him being merely pyrrhic and false.

Finally, while it is hoped that politicians and political parties have learnt their lessons in all of these situations, it is important to state that until and unless an appeal is lodged at the Supreme Court and a verdict returned upturning the extant Court of Appeal judgment, APC and her members have no right to covertly or overtly obstruct INEC from performing its duties of issuing a certificate of return to the candidates of other political parties that have polled the highest number of votes in the eyes of the law. INEC being one of the respondents that lost at the appeal court must swiftly perform its statutory duty as an unbiased umpire. I am in agreement with Jerome Frank that a legal right is a law-suit won, and a legal duty is a law-suit lost.

Ige Asemudara Esq. a Lagos-based Legal Practitioner is the Managing Partner of Royal Practice (Legal Group), Lekki, Lagos.

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NBA, EBF, Igbo Lawyers Ask EFCC to Release Ubani

The Economic and Financial Crimes Commission (EFCC) has come under a flurry of attacks as the Nigerian Bar Association (NBA) and other groups of lawyers demanded immediate release of former NBA 2nd Vice President, Mr. Monday Ubani.

An ardent social critic, Ubani has been in EFCC custody for about three weeks for allegedly standing surety for his client and former Nigeria Social Insurance Trust Fund (NSITF) chief executive, Dr. (Mrs.) Ngozi Olejeme.

In a statement signed by its National Publicity Secretary, Mr. Kunle Edun, NBA described Ubani’s continued detention notwithstanding a court order for his release as “a gross violation of his constitutional rights to personal liberty. “

Noting that “Democracy thrives only where there is a culture of respect for rule of law and due process by all persons,” the lawyers’ body said: “The Nigerian Bar Association, therefore, demands that the EFCC immediately complies with the subsisting order of the Federal High Court by releasing Monday Ubani or charge him to court, if there is any reasonable cause to so do.”

In a similar vein, Otu Oka Iwu (Law Society), the umbrella body of Igbo lawyers noted that “It is a matter of deep concern and national embarrassment that the EFCC has chosen to brazenly disobey this order of the court.”

In a statement by its President, Chief Chuks Ikokwu, the influential body of Igbo lawyers said: “It is more worrisome that Mr. Ubani, an ardent critic, activist and social crusader, was asked to personally take his client on bail by Mr. Magu, the EFCC having rejected top civil servants it earlier demanded. Was this a ploy to silence the former NBA chieftain and unrelenting social critic?”

On its part, the Eastern Bar Forum (EBF) also chided the EFCC for its continued detention of the former NBA chieftain. In a statement signed by its Pulicity Secretary, Mr. George Fortune Igbikikuno, the EBF stated that “Nigeria is in a constitutional democracy where respect for rule of law reigns supreme,” adding: “The EBF seriously deprecates the EFCC’s disobedience to court order and urges it to do the needful.”

Below are the statements:


NBA CONDEMNS THE UNLAWFUL DETENTION OF MONDAY UBANI BY EFCC AND DEMANDS FOR HIS IMMEDIATE RELEASE

The attention of the President of the Nigerian Bar Association, Paul Usoro, SAN has been drawn to an order of Honorable Justice Sylvanus Oriji of the Federal High Court wherein His Lordship, on March 26, 2019 granted an ex-parte motion filed by Chief Mike Ozekhome, SAN directing the Economic and Financial Crimes Commission to charge, Monday Ubani, a former 3rd Vice President of the Nigerian Bar Association (NBA) and his co-applicant to court on or before Friday, 28/3/2019.

The court in the alternative, ordered that

“If the Applicants are not charged to court on or before 28/3/2019, EFCC is directed to release them on bail”

It has been 3 days after the order of the court was made and the EFCC, has characteristically shown daring disobedience to the orders of the court by refusing to release Monday Ubani on bail or charge him to court before the 28/3/201.

By the provisions of Section 1(1) of the Constitution of the Federal Republic of Nigeria, the provisions of the Constitution of the Federal Republic of Nigeria is supreme and binding on all persons and institutions in Nigeria.

By the further provisions of Section 35 (4) of the 1999 Constitution “ Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.”

Mr. Monday Ubani still remains in the unlawful custody of the EFCC for more than three weeks, which is a gross violation of his constitutional rights to personal liberty.

Democracy thrives only where there is a culture of respect for rule of law and due process by all persons. The EFCC, being a product of law, must also be subject to the laws of the Federal Republic of Nigeria, and therefore, cannot be above the law. The agency’s penchant for disobedience to orders of court is an ominous threat to rule of law and impacts negatively on Nigeria’s investment environment.

The Nigerian Bar Association, therefore, demands that the EFCC immediately complies with the subsisting order of the Federal High Court by releasing Monday Ubani or charge him to court, if there is any reasonable cause to so do.

The Nigerian Bar Association also urges the President of the Federal Republic of Nigeria, Muhammadu Buhari to closely monitor the activities of security agencies, like EFCC and DSS, and ensure that they obey the fundamental rights of Nigerians and respect the Constitution of the Federal Republic of Nigeria in the performance of their functions.

Kunle Edun
National Publicity Secretary, NBA.

OBEY COURT ORDER, RELEASE UBANI NOW – IGBO LAWYERS TELL EFCC


The Otu Oka Iwu (Law Society) has watched with dismay the flagrant disregard of a valid and subsisting court order and the 1999 Constitution by the Economic and Financial Crimes Commission (EFCC) led by its Acting Chairman, Mr. Ibrahim Magu.

It is recalled that Justice Sylvanus Oriji of the Federal High Court had in a ruling on March 26, 2019 granted an ex-parte motion filed by Chief Mike Ozekhome SAN directing the EFCC to charge former Nigerian Bar Association (NBA) Vice President, Mr. Monday Ubani and his co-applicant to court “on or before Friday, 28/3/2019.”

The court in the alternative ordered that “If the Applicants are not charged to court on or before 28/3/2019, EFCC is directed to release them on bail” upon fulfillment of some listed conditions.

It is a matter of deep concern and national embarrassment that the EFCC has chosen to brazenly disobey this order of the court. It has neither charged the former NBA Vice President to court nor granted him any administrative bail.

Aside from the EFCC and its leadership being in clear breach of the extant order of the Federal High Court, the continued detention of Mr. Ubani also violates Section 35 (4) of the 1999 Constitution which provides that “Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.” The maximum detention period is 48 hours, except extended by a competent court. Mr. Ubani has been in EFCC custody for about three weeks.

It also violates the detainees’ right to dignity of human persons, right to personal liberty, and right to freedom of movement as set out in sections 34, 35 and 41 respectively of the 1999 Constitution.

This culture of impunity as consistently exhibited by EFCC and its leadership continues to ridicule Nigeria in the comity of nations and sabotage efforts at attracting foreign direct investment. Investors only go to jurisdictions where the rule of law and respect for human rights are guaranteed while shunning countries where ‘rule of men’ predominate.

It is even more worrisome that this blatant disobedience of a valid court order by the Magu-led EFCC is coming on the heels of serial disobedience of court orders by the Federal Government directing the release from custody of former National Security Adviser, retired Col. Sambo Dasuki and leader of Shi’a Islamic Movement in Nigeria, Ibrahim El-Zakzaky and his wife. Is Mr. Magu merely taking a cue from the Federal Government?

We note that by the continued disobedience of the order of Federal High Court, Mr. Magu and the EFCC have displayed utter contempt for our courts and the country’s judicial system. It is ironic that these are the same courts the EFCC routinely runs to for orders which they zealously implement in the discharge of their mandate under the EFCC Act. It is not for EFCC and its leadership to pick and choose which court orders to obey or disregard. That is an invitation to anarchy. What is more, he who comes to equity must come with clean hands.

It is further recalled that the courts have severally cited the EFCC and its chairman for contempt, even as stiff damages have been awarded against the commission, thereby dissipating scarce public resources.

It is more worrisome that Mr. Ubani, an ardent critic, activist and social crusader, was asked to personally take his client on bail by Mr. Magu, the EFCC having rejected top civil servants it earlier demanded. Was this a ploy to silence the former NBA chieftain and unrelenting social critic?

Also, the fact that EFCC is apparently complicit in the alleged disappearance of Mr. Ubani’s client further questions the modus operandi and institutional integrity of the anti-graft agency. This follows Mr. Ubani’s posers thus: “Why will EFCC from another unit (Enugu) invade the home of a suspect (Dr. Mrs. Olejeme) who is on bail with them, more so when the matter they came for is purely a civil matter which was already in court? Why the long wait to charge a woman whom EFCC declared wanted since last year and who came back in December and was granted bail early January and up to now, no charge? Was this issue of rejecting valid sureties and insisting that I should be the one to stand for her a ploy to embarrass me for bringing the woman back from abroad to respond to her charges? Why am I being asked to produce her when it is the same EFCC that invaded her home when she was under bail? It is pertinent to point out that later in the day, the investigating officer in Abuja confirmed that the EFCC officials who came from Enugu got permission from the Acting Chairman (Magu) to come and arrest Dr. Olejeme. These and many other questions demand answers!”

We demand immediate release of Mr. Ubani and his co-applicant in line with the subsisting order of the Federal High Court.

Further, we demand a high-powered judicial enquiry into the allegations of complicity and dereliction of duty leveled against the EFCC and its leadership. The time to sanitize EFCC and rid it of corruption is now! Enough is enough!

We urge the Federal Government to take immediate steps to ensure that EFCC does not derail its avowed commitment to the rule of law and respect for fundamental rights of citizens. This has become more pressing given the presence of many senior lawyers including Vice President Yemi Osinbajo SAN in the Buhari Administration.

The EFCC’s Gestapo-style regime of holding citizens for weeks and months without trial and at times without valid court orders must stop. Nigeria is not a banana republic. Attempts by institutions of state to ridicule the country and make it seem like a lawless fiefdom must be resisted by all citizens and the international community.

Signed
Chief Chuks Ikokwu
President
Otu Oka Iwu (Law Society)
01/04/2019

RELEASE MONDAY ONYEKACHI UBANI, ESQ AND HONOURABLE CHRISTOPHER ENAI ON BAIL!!!

The Governing Council and distinguished learned members of the Eastern Bar Forum ably led by Chief Arthur Elvis Chukwu, Esq., ACIArb., KSJI., hereby lend its voice and support to the order of the High Court of the Federal Capital Territory Abuja that the Economic and Financial Crimes Commission that is currently keeping in its custody Monday Onyekachi UBANI, Esq and Honourable Christopher Enai since 19/03/2019, bring them before a court of law charged with the offences they are alleged to have committed or release them on bail as already ordered by the court. Nigeria is in a constitutional democracy where respect for rule of law reigns supreme. The EBF seriously deprecates the EFCC’s disobedience to court order and urges it to do the needful.

George Fortune Igbikikuno Esq., Publicity Secretary, EBF.

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USORO, OBI-OKAFOR MOURN OLOWOKURE

Nigerian Bar Association (NBA) President, Mr. Paul Usoro (SAN) and former NBA presidential candidate, Chief Arthur Obi-Okafor are among the Bar leaders who are mourning the sudden demise of veteran Bar activist and former Chairman of NBA Kaduna Branch, Mr. Olumuyiwa Olowokure.

Popularly known in Bar circles as “OO” in line with his initials, Olowokure was considered by many as a consummate Bar-man and a much-sought-after strategist especially in relation to Bar politics.

During the last NBA Elections, he pitched his tent with Obi-Okafor and was one of his ‘Returning Officers’ during the poll. In particular, he was known for his cerebral disposition and integrity, as his support for any particular candidate never wavered.

In a statement signed by NBA Publicity Secretary, Mr. Kunle Edun, Usoro described Olowokure as “an active bar man who featured prominently in the activities of the Nigerian Bar Association as a former Chairman of NBA Kaduna branch and member of the National Executive Committee of the NBA for several years.”

On his part, Obi-Okafor described Olowokure as “an astute Bar man, a personal friend and confidant.” In his tribute titled “O. O. Olowokure’s Demise: A Good Man Bids Goodbye,” Obi-Okafor said that Olowokure “will be remembered as a detribalized and consummate Bar man with the midas touch.”

Below are the statements by the Bar leaders:

NBA MOURNS THE DEMISE OF QUINTESSENTIAL BAR MAN, OLUMUYIWA OLOWOKURE

Moments ago the sad news of the sudden demise of Olumuyiwa Olowokure Esq reached the President of the Nigerian Bar Association, Paul Usoro, SAN and the National Officers. It was shocking and saddening.

Mr. Olowokure was an active bar man who featured prominently in the activities of the Nigerian Bar Association as a former Chairman of NBA Kaduna branch and member of the National Executive Committee of the NBA for several years. He was also the Kaduna State Co-Ordinator of Swift Count. Olumuyiwa Olowokure served the bar in many other capacities and made positive contributions to the development of the bar throughout his more than 3 decades of practice. He contested for the office of the General Secretary of the NBA in 2012.

On behalf of the National Officers, the NBA President condoles with members of the Nigerian Bar Association, particularly the leadership and members of NBA Kaduna branch and the family of our dearly loved colleague, over this very sad loss.

The NBA President prays that the almighty God will grant the family the fortitude and grace to bear this loss and grant our dear colleague a peaceful rest in the bossom of the Lord.

Kunle Edun
National Publicity Secretary, NBA

O.O. Olowokure’s Demise: A Good Man Bids Goodbye.

It is with a heavy heart and sense of great loss that I join family, friends and associates in mourning the untimely demise of a one time Chairman of the Kaduna branch of the Nigerian Bar Association (NBA), Olumuyiwa O. Olowokure Esq, who passed on to eternal glory yesterday afternoon after a brief illness.

O.O. as he was fondly called was an astute Bar man, a personal friend and confidant. As the head of my Technical Team during the 2018 NBA elections, I found in him a loyal, dedicated, dependable and committed ally who committed his time, energy and resources into my project to lead our noble association.

O.O. will be remembered as a detribalized and consummate Bar man with the midas touch who during his tenure as Chairman of Kaduna branch of the NBA hosted one of the most successful conferences in the history of the association. He believed in excellence and brought same to bear in all he did.

His sudden exit leaves a great vacuum that will be difficult to be filled. O.O. was a good man and my sincere prayers is that the Almighty grant his family, friends colleagues and members of the Kaduna branch of NBA, the grace to pass through this dark hour and may the soul of the deceased find eternal rest in the bosom of the Almighty.
Adieu O.O. Olowokure Esq till we meet to part no more.

Arthur Obi Okafor (SAN).

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NBA ELECTIONS: EFCC GRILLS MAHMOUD, YADUDU TODAY

The last may not have been heard on the controversial Nigerian Bar Association (NBA) Elections as the Economic and Financial Crimes Commission (EFCC) will today grill former NBA President, Mr. Abubakar Mahmoud SAN and Electoral Committee of the NBA (ECNBA) Chairman, Prof. Auwalu Yadudu on their roles in the elections. Also to answer queries from a battery of EFCC operatives is ECNBA Secretary, Mr. Bolaji Agoro.

According to an impeccable source who is familiar with the investigation, though the EFCC operatives had earlier scheduled to interview the trio before now, they had requested that the interviews be done in Abuja.

“EFCC turned down the request,” the source told CITY LAWYER. “Instead, it opted to reschedule the interviews to Friday, 24th January, 2019.”

CITY LAWYER also gathered that the anti-graft agency has invited over 50 other lawyers from several NBA branches to its office in its bid to unravel allegations of rigging and sundry infractions during the elections. The investigation is being conducted by EFCC’s Cybercrime Unit.

It is recalled that the EFCC had barely a month after the elections requested a certified true copy of the list of eligible voters for the poll from CHAMS Plc, one of the ICT firms that conducted the elections.

In a letter to the ICT company dated 10th September, 2018 with reference number CR:3000/EFCC/LS/STF/STF3NBA/VOL.7/382, the EFCC stated: “This commission is investigating a case of conspiracy and Cyber Crime in respect of the above-mentioned election featured.”

Signed by its Zonal Head, Mr. Akaninyene Ezima and titled “Investigation activities, Re: 2018 Nigeria Bar Association elections,” EFCC stated that the request was made pursuant to Section 38(1) of the Economic and Financial Crime Commission (Establishment) Act, 2004 and Section 21 of Money Laundering (Prohibition) Act, 2011 as amended.

In the letter to the managing director of CHAMS Plc, the anti-graft agency further stated: “In view of the above, you are requested to avail us with certified true copy of the list of all eligible voters to include but not limited to Name(s), Phone Number(s), Email Address(es), Branch(es) and Voters ID.

“Any other information that may assist the Commission in its investigation.”

Mr. Paul Usoro SAN was declared elected as NBA President by the ECNBA. Usoro polled 4, 509 votes to beat Chief Arthur Obi Okafor SAN who scored 4, 423 votes while Prof. Ernest Ojukwu (SAN) polled 3, 313 votes. Both Obi Okafor and Ojukwu rejected the results, alleging that irregularities marred the elections.

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GADZAMA’S SUIT: WILL COURT SACK USORO TODAY?

Chief Joe-Kyari Gadzama SAN will today know the outcome of his lawsuit challenging the election of former Nigerian Bar Association (NBA) President, Mr. Abubakar Mahmoud SAN.

Justice Olukayode Adeniyi of the High Court of the Federal Capital Territory (FCT) had at the last adjourned date set down today to deliver judgement in the long-drawn matter following the adoption of final written addresses by the parties.

Today’s judgement is being watched keenly by many in the legal circles, as it may affect the tenure of current NBA President, Mr. Paul Usoro SAN should the court rule in Gadzama’s favour. It is recalled that Mahmoud has concluded his tenure, thus the argument by the defendants that the suit has become academic. But the plaintiff argues otherwise.

Also, depending on the judgement, there may be implications for the controversial NBA Constitution going forward.

The case had suffered a setback when Gadzama appealed a ruling by then trial judge, Justice Y. Halilu. The Notice of Appeal stated that the appellant was seeking “an order setting aside the decision of the High Court of the Federal Capital Territory contained in the ruling delivered by Hon. Justice Y. Halilu dated 8th November, 2016.”

Gadzama also sought “An order directing the consolidation of all pending preliminary objections/applications filed by the Defendants/Respondents with the substantive suit in this matter” as well as “An order directing accelerated hearing of the matter at the High Court of the Federal Capital Territory.”

“Having regard to the insinuation made by the trial judge that the Appellant’s case was unworthy or fruitless deserving of being nipped in the bud,” the appellant also seeks “an order of this Honourable Court directing the Chief Judge of the High Court of Federal Capital Territory, Abuja to transfer the suit to another judge of FCT High Court for the hearing of all pending preliminary objections along with the substantive suit.”

The appeal was however withdrawn while the matter was also remitted back to Justice Adeniyi who handled it originally before proceeding on vacation.

Though the NBA leadership had at the pre-National Executive Committee Meeting in Port Harcourt set up a 5-member committee to reach out to Gadzama towards amicable resolution of the electoral debacle, the move proved abortive. Members of the committee were Chief Onomigbo Okpoko, SAN (Chairman); former NBA presidents Chief O. C. J. Okocha, SAN and Dr. Olisa Agbakoba, SAN; former NBA General Secretary, Mr. Yinka Fayokun and Lagos-based lawyer, Mr. Mbanugo Udenze who doubled as Secretary of the committee.

It is recalled that Mr. Darlington Onyekwere had at the last adjourned date adopted the Claimant’s final written address and urged the Court to grant the reliefs sought. He appeared with a team of lawyers for the claimant.

While Miss Christabel Ndeokwelu appeared for the 1st Defendant, the 2nd to 6th Defendants were represented by Mr. Abdulrasheed Usman. Mr. Ede Uko represented the 7th Defendant (Grace Infotech Limited) while Mr. A. A. Malik appeared for the 8th Defendant. Mrs. R. U. Edibo appeared for the 9th defendant.

The defendants however argued that the case had become academic, while the claimant’s counsel posited that a matter does not become academic merely because the act or conduct which gave rise to the action had been concluded. He cited the case of Plateau State v. AG Federation (2006) 3 NWLR (Pt 967) and Peter Obi v INEC (2007) 11 NWLR Part 1046 and urged the court to discount the defendants’ argument that the matter had become academic.

Malik, counsel for the 8th defendant, aligned himself with the submission of the other counsel for the defendants that the case had become academic, moreso as Mahmoud had completed his tenure. He said there was no live issue for the court to determine and that the claimant had failed to prove his case. He however urged the court to nonetheless proceed to judgement.

Gadzama had sued NBA trustees including Alhaji Abdullahi Ibrahim (SAN) CON, Chief Wole Olanipekun (SAN) OFR, Chief Thompson Joseph Onomigbo Okpoko (SAN) OON, Chief (Mrs.) Priscilla Kuye, Alhaji Murtala Aminu OFR and Chief Anthony O. Mogboh (SAN). They are listed as 1st to 6th Defendants while The Incorporated Trustees of Nigerian Bar Association is the 7th Defendant. Mr. Kenneth Mozia (SAN), Chairman of the ECNBA is the 8th Defendant while Mr. Oluwaseun Ajoba who doubles as the Secretary of the committee is the 9th Defendant.

Others are Hajia Safiya Balarabe, Mrs. Amaka Ezeno, and Mrs. Eucharia Pepple – all members of the Electoral Committee – as 10th, 11th and 12th Defendants while NBA’s ICT Partner, Grace Infotech Limited is the 13th Defendant. Mr. Augustine O. Alegeh (SAN), the NBA President , is sued as the 14th defendant while Gadzama’s opponent who was declared winner of the election, Mr. Abubakar B. Mahmoud (SAN) is listed as the 15th Defendant.

It is recalled that Mahmoud was declared winner of the election with total 3055 votes while Gadzama allegedly polled 2384 votes. But Gadzama had rejected the result, saying in his statement of claim that “contrary to the result declared by the 8th Defendant, at the close of voting, at 12:00 midnight on Sunday, 31st July, 2016, the result of the 2016 Nigerian Bar Association Election as it relates to the office/position of the President, as collated from and contained on the official voting domain/platform was as follows: Joe-Kyari Gadzama – 2,963; Abubakar B. Mahmoud -2,465.” This was as deduced by his ICT experts who conducted forensic audit of the poll.
Gadzama also wants the court to declare “that the 2016 Nigerian Bar Association Election as it relates to the office/position of the President held on 30th and 31st July 2016 under the supervision of the 8th to 14th Defendants, which purportedly produced the 15th Defendant as President, was in total violation and disregard of the mandatory provisions of the NBA Constitution 2015, Election Guidelines set down for the said Election fell short of established standards and international best practices, thereby making the said Election null, void and of no effect whatsoever.”

Aside from stating that the Internet voting mechanism, method and system adopted for the conduct of the 2016 Nigerian Bar Association Election “was not in conformity with the mandatory provisions of the NBA Constitution 2015,” the Life Bencher also impugns the Dispute Resolution Committee (DRC) as illegal and unconstitutional.

He is also seeking a “declaration that the integrity of the 2016 Nigerian Bar Association Election as it relates to the office/position of the President organised by the 8th to 14th, Defendants on 30th and 31st July 2016 which purportedly returned the 15th Defendant as President was fundamentally and incurably compromised by undue influence, overbearing, biased conduct and utterances of the 14th Defendant (Mr Augustine Alegeh SAN, President, Nigerian Bar Association) through the media and at Bar meetings before and during the Election and thereby robbed the conduct of the election of every element of impartiality, independence and transparency as required by established standards and international best practices.”

Flowing from this, the NBA presidential candidate seeks an order of court “nullifying and setting aside the 2016 Nigerian Bar Association Election as it relates to the office/position of the President held on the 30th and 31st July, 2016 which purportedly returned the 15th Defendant as the President.”

He also seeks the following orders:
“An order directing the 1st to 7th Defendants to set up a newly constituted Electoral Committee of the Nigerian Bar Association (ECNBA) which will issue Guidelines and conduct a fresh 2016 Nigerian Bar Association Election as it relates to the office/position of the President.

“An order of this Honourable Court that the 2016 Nigerian Bar Association Election as it relates to the office/position of the President should be held through Electronic voting in all branches of the NBA or at least at the three (3) zonal levels established by the NBA Constitution, 2015 and that results should be collated at branch or zonal levels and transmitted to the ECNBA Secretariat for final announcement.

“An order of perpetual injunction restraining the 8th to 12th and 14th Defendants from swearing in and/or recognising the 15th Defendant or in any way whatsoever taking steps or giving effect to the 2016 Nigerian Bar Association election as it relates to the office/position of the President held on the 30th and 31st July, 2016, whether by themselves, agents, employees, privies or anybody acting for or on their behalf based on the said Election,” and

“An order of perpetual injunction restraining the 15th Defendant, whether by himself, agents, employees, privies or anybody acting for or on his behalf, from parading himself, claiming and/or holding himself out as the President-Elect/President of the Nigerian Bar Association (NBA) based on the 2016 Nigerian Bar Association election as it relates to the office/position of the President held on 30th and 31st July, 2016.”
According to Gadzama, the elections “held in total violation and disregard of the mandatory provisions of the Constitution of the Nigerian Bar Association, 2015,” adding that while the accreditation process was repeatedly extended, “the list containing the names of the said accredited voters was never released on the election platform (website), neither was it displayed on the screen used to monitor the Election.”

He alleged that “Around 12:01 a.m. of Monday, 1st August 2016, the 8th Defendant announced the end of the election exercise. The 8th Defendant further, for the first time, introduced some persons who were said to be staff of the Independent National Electoral Commission (INEC) and he further announced that the so called INEC staff were there to audit the election result, which was ready. The 8th Defendant also announced that it will take 1 (one) hour to audit the said results.

“Contrary to the expectations of the Plaintiff’s agents, established standards and international best practices, the said agents did not see the dashboard/monitor displaying the result of the Election, even upon voting being declared closed by the 8th Defendant.

“The Plaintiff avers that the 8th Defendant, the Managing Director of the 13th Defendant and the 14th Defendant and the so called INEC staff left the Plaintiff’s poll agents and others in the Situation Room at the NBA Secretariat in Abuja, went to a separate room to ‘audit’ the results.
“The 8th Defendant subsequently came into the monitoring room while the so called auditing was still going on to announce that the auditing was almost done and that the results were to be announced in due course. He remained in the situation room until after 1a.m. when the events in the next-following paragraphs took place.

“Around after 1a.m. on 1/8/2016, Mr. Olugasa, the Managing Director of the 13th Defendant, the 14th Defendant and the so called staff of INEC came back into the monitoring room and got seated.

“After re-introduction of the so called INEC staff; and the 8th Defendant and 14th Defendant had made some speeches, Mr. Ope Olugasa (Managing Director of the 13th Defendant) was asked to display the results on the dashboard.

“But instead of using the laptop that had long been connected online to the big LG Television/Monitor in the situation room, both of which had from the beginning been used to display the limited information about the election exercise described earlier on in this statement of claim, Mr. Ope Olugasa swapped the said laptop with another laptop which contained the so called election result. The 8th Defendant then pronounced the declared results as they were displayed on the big LG Television Monitor.

“The Plaintiff’s agent recorded the scene where the Managing Director of the 13th Defendant swapped the computer that was used throughout to display the votes that were being cast on the display screen/monitor, using Samsung Smartphone GT-I9500, Galaxy S4, with serial number R21D50BP33D.”

He stated that “On Friday, 29th of July, 2016 a day to the election, the names of eligible/verified voters continued to be padded and were never published 28 days ahead of the election, contrary to the provisions of the Nigerian Bar Association constitution and electoral guidelines,” adding that instead of utilising the advertised official portal/domain, the 8th to 14th Defendants “utilised another portal/domain (http://www.nigerianbar.org.ng) for the same Election process, just to enable them manipulate the said Election.

“As a result of this deliberate manipulative step taken by the 8th to 14th Defendants, two sets of results bearing different features but having the same figures were produced from the respective portals/domains. Accordingly, printout of the so called result of the Election from http://www.nigerianbar.org.ng is also hereby pleaded; and the Plaintiff shall, at the trial, show out the said different features, beginning with the different sources (domains) of both results, as can clearly be seen on them.”
Gadzama’s legal team was led by Chief Emeka Ngige, SAN alongside Chief Bolaji Ayorinde SAN, Chief Pius Akubo SAN and Chief Sebastine Hon SAN among others.

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Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

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