BAR Archives - CITY LAWYER MAGAZINE

EDITOR'S CHOICE
Dec 02, 2024
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SPECIAL REPORT: WHO SUCCEEDS AFAM OSIGWE AS NEXT NBA PRESIDENT?

BY EMEKA NWADIOKE

The stakes in Nigerian Bar Association (NBA) General Elections are usually very high. It is not for nothing that aspirants for the 2030 NBA Presidency are already positioning themselves and raising their visibility.

As a result, it is not entirely strange that nearly all the contenders for the 2026 NBA Presidential election are already known. A growing perception is that any aspirant who has not somewhat declared his or her intention for the coveted position by now has little or no chance of coasting home to victory.

Aside from one aspirant who has publicly declared his intention to gun for the coveted post, others are quietly “consulting,” a euphemism for subtle and discreet campaigning. At least half of the listed aspirants have formally confirmed their interest to CITY LAWYER.

The aspirants are not only visiting branches to drop words on their ambition but are also informing influential Bar Leaders of same and gingerly dropping souvenirs in the hands of potential voters to sway support in their favour.

The 2026 NBA Presidency has been allotted to the Western Zone by the NBA Constitution. The zone comprises Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun, and Oyo States.

Interestingly, there has been a cat-and-mouse tussle between the two blocs within the zone, namely the South West bloc – comprising of the six core South West States – and the Midwest, comprising of the two States of Edo and Delta. It is perhaps noteworthy that the last time an NBA President of Yoruba extraction held sway at NBA House was between 2008 and 2010 during the tenure of deceased fiery Bar Leader and former Ondo State Governor, Mr. Rotimi Akeredolu SAN. The question on the lips of many watchers of NBA politics is whether the bloc can put its act together this time around to break this 16-year-old jinx in 2026. Needless to say that multiplicity of candidates from the South West bloc has been its Achilles’ heel. The emerging scenario is not entirely different.

CITY LAWYER investigation shows that as at the last count, no less than four aspirants of South West origin are almost certain to throw their hats into the ring when the race for the 2026 NBA Presidency formally kicks off. This is against the two confirmed aspirants from the Midwest bloc.

A major handicap of the South West bloc in clinching the presidency has been the spectacular inability of the once powerful regional behemoth, the Egbe Amofin O’odua to rein in some of the aspirants towards presenting a consensus candidate from the bloc. A plethora of factors including internal contradictions led to this inevitable outcome.

CITY LAWYER recalls that the failure of South West candidates to band behind a consensus candidate during the 2014 election handed the initiative to the Midwest bloc, with Mr. Augustine Alegeh SAN reaping full dividends from the fiasco and coasting home to victory. He won the race with a total of 691 votes. The runner-up, Chief Dele Adesina SAN polled 370 votes while foremost chartered arbitrator, Mrs. Funke Adekoya SAN polled 255 votes. Chief Niyi Akintola SAN, fondly called ‘Garrison Commander’ by his admirers, polled 126 votes while Mr. Osas Erhabor garnered only 17 votes. Instructively, the three South West candidates polled a total of 751 votes, 60 votes more than the 691 votes received by Alegeh. The former NBA President has gone ahead to build a formidable and well-oiled political machinery over the years.

It needs however be stated that there is no assurance that a consensus South West or Yoruba candidate would have garnered all the 751 votes during the 2014 election. The election witnessed the last poll under the much vilified electoral college system under which branch chairmen held candidates by the jugular.

History was again to repeat itself in year 2020 when Mr. Olumide Akpata – also from the Midwest bloc -again dusted two South West candidates to win. While Akpata polled 9,891 votes, Dr. Babatunde Ajibade SAN polled 4,328 votes. Returnee candidate Adesina garnered 3,982 votes. However, unlike in 2014 election, the total 8,310 votes polled by the two South West candidates were not enough to dislodge the landslide victory posted by Akpata, falling short by a whopping 1,581 votes. The question on the lips of many NBA Election watchers is, ‘Will history repeat itself in 2026?’

CITY LAWYER investigation shows that the four aspirants from the South West bloc that are keen to vie for the NBA Presidency in 2026 are Mr. Muyiwa Akinboro SAN, Mr. Yemi Akangbe SAN, Prof. Foluke Dada and Mrs. Oyinkansola Badejo-Okusanya. While Akinboro is from NBA Abuja Branch which produced the incumbent president, Mr. Afam Osigwe SAN, Akangbe, Dada and Badejo-Okusanya are of NBA Lagos Branch which boasts of the largest voting bloc in NBA. However, any headstart either of the Lagos Branch aspirants would have had by such massive voting bloc may be cancelled out by the inevitable prospect of vote splitting among themselves.

What is more, notwithstanding allegations of rigging that bedeviled the 2024 Elections, some analysts argue that the major undoing of NBA Lagos Branch during the 2024 Elections was its fielding of two candidates for the presidential election, namely Mr. Chukwuka Ikwuazom SAN and Mr. Tobenna Erojikwe, as against a sole candidate from NBA Abuja Branch. While Osigwe received 20,435 votes (50.52 per cent), Erojikwe polled 10,998 votes while Ikwuazom, who pulled out of the election midstream citing irregularities, garnered 9,018 votes.

Though some NBA political watchers had expected Ajibade to give the race a second shot after his respectable showing in 2020, he however told CITY LAWYER at the weekend that he would not contest in 2026. A top associate of the senior lawyer cited alleged lack of transparency in NBA Elections as the sole reason for his disillusionment. While his candidacy would have posed a formidable challenge to other aspirants, Ajibade’s lack of interest in the 2026 presidential race is however good news especially for the Lagos Branch aspirants, as the branch votes would have been further split down the middle with his participation. It was however unclear at press time whether his decision not to run would embolden one or two more aspirants to join the fray, given that he may have been reckoned with as the man to beat.

For the Midwest bloc, two aspirants have confirmed to CITY LAWYER that they are keen to join the NBA presidential election fray come 2026. Aside from fiery human rights advocate and former NBA First Vice President, Mr. John Aikpokpo-Martins who had also publicly declared his intention to gun for the topmost position in the NBA, vocal immediate past NBA Third Vice President, Mrs. Amanda Demechi-Asagba is categorical about her impending quest for the plum position. Unless the duo are able to harmonize their positions, they may suffer a similar fate like their South West counterparts in 2014 and 2020 and NBA Lagos Branch in 2024 by splitting the otherwise Midwest bloc votes. While Aikpokpo-Martins is a former Chairman of NBA Warri Branch, Demechi-Asagba has carved a niche for herself at NBA Ikeja Branch.

The question on everyone’s lips is, ‘Who will cart home the prize come 2026?’

NEXT: NBA PRESIDENCY 2026: FACTORS THAT WILL SHAPE THE RACE

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EDITOR'S CHOICE
Apr 12, 2023
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TINUBU: PETER OBI WINS ROUND ONE, APPEAL COURT SAYS APC CAN’T QUERY LP’S CHOICE

A panel of the Court of Appeal led by its President, Justice Monica Dongban-Mensem has in a unanimous judgment obtained by CITY LAWYER laid to rest the controversy surrounding the qualification of Labour Party presidential candidate, Mr. Peter Obi to contest the just concluded Nigeria presidential election.

CITY LAWYER recalls that Obi’s membership of the Labour Party is one of the major grounds the All Progressives Congress (APC) presented to the Presidential Election Petition Tribunal in response to Obi’s petition. The Court of Appeal will sit as the Presidential Election Petition Tribunal and court of first instance to determine petitions arising from the presidential election.

In the judgment which upheld the decision of Justice James Omotosho of the Federal High Court sitting at Abuja, Justice Danlami Zama Senchi, who read the Lead Judgment, held that INEC merely complied with the law “as it has done no more than scrupulously comply with the provisions of the Electoral Act, 2022 by publishing the names of the candidates submitted by the political parties as required by sections 29(3) and 32(1) of the Electoral Act, 2022.”

In the appeal brought by the Allied Peoples Movement (APM) against Obi, Labour Party and the Independent National Electoral Commission (INEC), the Court of Appeal further held that “The complaint that INEC, the 1st Respondent, accepted and published the name of the 3rd Respondent upon its being submitted by the 2nd Respondent/Cross Appellant as its candidate for the Presidential election cannot be non-compliance by the 1st Respondent as envisaged by Section 285(14)(c) of the Constitution, as amended, since by Sections 29(3) and 32(1) of the Electoral Act, 2022, the 1st Respondent has the duty to accept and publish the list of candidates submitted to it by a political party.”

Continuing, the Appeal Court held that the Appellant lacked the locus standi to bring the appeal, saying: “Assuming that the Appellant’s evidence established violation of Section 77(2) and (3) of the Electoral Act, 2022, but I still maintain that it did not; it does not appear to me that such non-compliance is such on the basis of which it can be said that the 3rd Respondent (Peter Obi, emphasis supplied) is not qualified and/or disqualified from standing as a candidate for the Presidential Elections.”

Noting that the “qualification requirement” as it relates to membership of a political party “is in section 131(c) which provides that a person shall be qualified for election to the office of President if he is a member of a political party and is sponsored by that party,” the Court of Appeal held that “The quest by the Appellant to read into this clear and unambiguous provision what is not there” with the integral interpretation that ‘the person’s name must be on the Register of Members of the Political Party and must have been so for at least 30 days before the party primaries’ “has no support in law. It is hornbook law that you cannot read into a statute what is not contained therein.”

Putting the matter beyond debate, the Court of Appeal held that “The Constitution is the grundnorm, it is supreme and ranks over and above all other laws. It has made specific provisions in section 131 and 137 for the qualification and disqualification of a person for the office of President of Nigeria. The constitutional provisions having covered the field in this regard, the Appellant cannot import Section 77(3) of the Electoral Act, 2022 and seek to add the same to the qualification provision elaborately stated in the Constitution. It is not permissible.”

Justice Senchi stated that the judgment of the lower court was unassailable, adding that “The above finding of the lower court cannot be faulted. The 3rd Respondent (Peter Obi, emphasis supplied) was qualified by the provisions of Section 131 (c) of the Constitution and he was not disqualified under any of the stipulations in Section 137 of the Constitution.”

Aligning with the Lead Judgment, Justice Dongban-Mensem held that “The law is unequivocal that the issue of nomination of candidates to represent a Political Party in an Election is strictly an internal affair of the political party. This means that outsiders, other Political Parties and persons who did not participate in the primaries being complained of are precluded from instituting an action challenging same.”

The Court of Appeal President sought copious support for the view in the case of AISHA JUMMAI ALHASSAN & ANOR VS MR. DARIUS DICKSON ISHAKU & ORS (2016) LPELR-40083 (SC) where the Supreme Court held that “On the issue of sponsorship and nomination, it is now settled in a plethora of authorities of this Court that this issue is in the domestic affairs of political parties,” adding that “No other person, whether within the political party or outside of it, can ventilate his grievance arising from party nomination as there is no law backing him up.”

Contributing to the ALHASSAN judgment, Justice Mary Odili held as follows: “As I said earlier, the appellant is a member of the PDP, not APC and even if he is a member of the APC, he would have no locus to challenge the nomination of the 1st Respondent as he is not one of the aspirants who participated in the primary election. In my view, the Appellant is a meddlesome interloper who, having assumed the role of a hired mourner, is crying more than the bereaved.”

Justice Dongban-Mensem also described the Appellant as “a meddlesome interloper and a busybody trying to poke its nose in the domestic affairs of a Political Party to which it does not belong. The conduct of the Appellant/Cross Respondent in filing this suit can be likened to a case of crying more than the bereaved or taking Panadol for someone else’s headache who has evidently waived its requirements for the 3rd Respondent.”

PETER-OBI_LP-MEMBER Download

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EDITOR'S CHOICE
Oct 28, 2022
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Comments Off on EXCLUSIVE: NEW SAN GUIDELINES ‘EMERGE,’ PEG AWARD TO 1 ACADEMIC

EXCLUSIVE: NEW SAN GUIDELINES ‘EMERGE,’ PEG AWARD TO 1 ACADEMIC

• FAR-REACHING REFORMS, TOUGH SANCTIONS IMMINENT

* BOSAN, NALT MAY GET SCREENING ROLES

* N1 MILLION APPLICATION FEE

Only the best applicant in the Academic Category will be conferred with the coveted rank of Senior Advocate of Nigeria (SAN) in the 2023 preferment exercise, CITY LAWYER can authoritatively report.

CITY LAWYER gathered that the decision is in line with the intendment of the original drafters of the Guidelines that the award to academics should be made only in “exceptional cases.”

According to documents obtained by CITY LAWYER, aside from showing evidence of full-time teaching and research in a faculty of law in a reputable university duly accredited by both the National Universities Commission and the Council of Legal Education, a recognized legal research institute or the Nigerian Law School for at least 10 years immediately preceding the application, the applicant must be a professor in such institution, and must have been so for at least two years preceding the application, except if applicant is a Director-General of the Nigerian Law School.

Though controversy is trailing a purported ‘gazetted’ copy of the eagerly awaited 2022 Guidelines to be issued by the Legal Practitioners Privileges Committee (LPPC) of the Body of Benchers, multiple sources told CITY LAWYER that a whopping N1 Million is the new application fee for applicants seeking to be conferred with the rank, up from N300,000 in 2013 and N600,000 in the 2018 Guidelines. This is aside from a N200,000 “processing conferment fee” for successful applicants in the last exercise. Unlike the 2013 and 2018 Guidelines, the new rules may be silent on the exact amount to be paid as application fee.

Meanwhile, there are strong indications that the LPPC has cut the period for which applicants must have attained partnership in their law firms from five to two years preceding the application.

CITY LAWYER gathered that applications may now close on January 31 of every year, even as applicants may be required to provide the exact number of judgments required by the Guidelines and list the judgments in order of significance, unlike previously when applicants were allowed to dump as many cases as possible on the LPPC. The number of “final judgments” to be submitted by each applicant under the Advocates Category however remain unchanged at 20 judgments at the trial court level, five Court of Appeal judgments and four Supreme Court judgments.

However, in a move said to be designed to aid decongestion of court cases and ameliorate lengthy adjournments at the appellate courts, the Guidelines may provide that applicants who have valid pending appeals before the Court of Appeal or the Supreme Court of Nigeria in which briefs have been settled prior to the making of the Guidelines and which appeals have been pending before the Court of Appeal or the Supreme Court of Nigeria for a minimum of 7 (seven) years, and who are able to settle such appeals amicably by entering into terms of settlement and by submitting to consent judgments, will be permitted to count a maximum of 2 (two) such consent judgments as part of their cases. Aside from other criteria, this requirement will operate for only five years in the first instance.

The new Guidelines may contain an elaborate sanctions and disciplinary regime which bar provision of false and misleading information as well as lobbying by applicants. Defaulters will be “blacklisted” and barred from applying for the rank for three to 10 years. Accomplices who are already Senior Advocates of Nigeria may have their rank withdrawn aside from possible prosecution.

CITY LAWYER also gathered that the Guidelines may also codify both physical and virtual inspection of applicants’ chambers, even as the LPPC may co-opt Body of Senior Advocates of Nigeria (BOSAN) and National Association of Law Teachers (NALT) members in the screening of final judgments and articles submitted by the advocates and academics respectively.

CITY LAWYER recalls that the Chief Registrar of the Supreme Court of Nigeria & Secretary to LPPC, Hajo Sarki Bello had in a press statement dated 29th September, 2022 noted that “The meeting (of LPPC) further approved a new Guidelines for the conferment of the rank of Senior Advocate of Nigeria and all matters pertaining to the rank to guide future exercises.”

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EDITOR'S CHOICE
Oct 15, 2022
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LITIGATION LAWYER WANTED URGENTLY IN LAGOS LAW FIRM

A reputable law firm based in Surulere, Lagos requires urgently the services of legal practitioners with minimum 5 years post-call experience.

The ideal candidate must possess litigation experience and should be able to work without supervision.

The salary is competitive and in accordance with industry standards.

Interested candidates should email legaljobs77@gmail.com.

Please note that only shortlisted applicants will be contacted.

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EDITOR'S CHOICE
Oct 02, 2022
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COURT OF APPEAL SET TO APPOINT 16 NEW JUSTICES

PRESS RELEASE

RE:APPOINTMENT OF 16 JUSTICES FOR THE COURT OF APPEAL: CALL FOR EXPRESSIONS OF INTEREST

Distinguished Colleagues,

Kindly find attached the Notice by the NBA President calling for expression of interest by our qualified members to the Bench of the Court of Appeal.

Thank you and do have a great night.

Akorede Habeeb Lawal
National Publicity Secretary

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EDITOR'S CHOICE
Jun 20, 2022
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ECNBA OPENS VOTER VERIFICATION PORTAL, SETS JUNE 27 DEADLINE

The Electoral Committee of the Nigerian Bar Association (ECNBA) has set Monday, June 27, 2022 as the deadline for eligible voters to get their names on the final voters list, CITY LAWYER can report.

According to a statement by the electoral umpire, “failure to identify any error as regards the names, phone numbers, and email addresses, Supreme Court Number, or omission of names from the list by an Eligible Voter before 27 June 2022 can no longer be rectified and will remain the same.”

The full text of the notice reads:

FINAL REMINDER – FULL LIST OF MEMBERS QUALIFIED TO VOTE

The ECNBA pursuant to the provisions of the Second Schedule Part IV (9) and V (4) of the Constitution of the Nigerian Bar Association 2015 (as amended), released information pertaining to the full list of members qualified to vote on 31 May and 6 June 2022 respectively. Please see these documents at https://www.ecnba.ng or www.nigerianbar.org.ng.

This serves as a reminder to members of the Association that paid their bar practising fee (BPF) as of 31 March 2022 (Eligible Voters), to confirm the accuracy of their emails and phone numbers on the NBA website on or before Monday 27 June 2022. Please note that this verification process is important, as unique voters’ credentials will ONLY be sent to valid phone numbers and email addresses.

2. Thus, Eligible Voters are expected to verify their BPF contact information. Please follow the step-by-step process below:

➔ Visit the NBA website: https://nigerianbar.org.ng
➔ Click on the Membership tab and then scroll down to “BPF Payment Status”;
https://nigerianbar.org.ng/nba/bpfv2/check_status
➔ Type in your enrolment number (SCN), and
➔ Click on “Verify” and the one-time password (OTP) will be sent to your phone and email.
➔ Type in the “OTP” and
➔ click “Validate” and your contact information will be successfully validated.

PLEASE TAKE NOTE that the list to be published by the ECNBA after this notice shall be the Final List. Hence, failure to identify any error as regards the names, phone numbers, and email addresses, Supreme Court Number, or omission of names from the list by an Eligible Voter before 27 June 2022 can no longer be rectified and will remain the same.

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EDITOR'S CHOICE
Jun 17, 2022
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ECNBA UNVEILS CANDIDATES’ MANIFESTOS FOR ELECTION

The Electoral Committee of the Nigerian Bar Association (ECNBA) has unveiled the manifestos of all the candidates for the forthcoming NBA Elections.

While the electoral umpire unveiled the manifestos of candidates for the National offices under the heading, “FULL LIST OF CANDIDATES FOR ELECTION OF NATIONAL OFFICES,” candidates for the position of NBA Representative at the General Council of the Bar were unveiled under the heading, “FULL LIST OF CANDIDATES FOR ELECTION OF NBA REPRESENTATIVES TO THE GENERAL COUNCIL OF THE BAR.”

The unveiling gives the electorate an opportunity to closely study the candidates with a view to choosing their preferred candidates for the election scheduled to hold on July 16, 2022.

CITY LAWYER recalls that several aspirants were disqualified by the electoral committee. All the decisions were upheld by the NBA National Election Appeals Committee tribunal.

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EDITOR'S CHOICE
Jun 15, 2022
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TRIBUNAL BARS 4 MORE ASPIRANTS FROM NBA ELECTIONS

The Nigerian Bar Association Election Appeals Tribunal (NBA-NEAC) has dismissed the appeals of four more aspirants in the forthcoming NBA Elections.

The aspirants whose electoral journey have been cut short by the tribunal include Ms. Adaeze Ann Anah, an aspirant for the position of NBA Representative at the General Council of the Bar (GCB) as well as her counterparts, Messrs Jude Okey Ugwanyi, Sunday Abayomi Akanni and Olufemi Adeneye Onakoya.

In upholding the decision of the Electoral Committee of the NBA (ECNBA) which disqualified Anah, the Appeals Tribunal held: “The Petitioner’s Nominator, Mr. Jacob Johnson Usman, SAN and the Seconder Ms Mimi Ayua, are both from the Northern Geographical Zone.”

“By virtue of Part V, Paragraph 2 of the Second Schedule to the NBA Constitution 2015 (as amended), each Zone in the NBA must produce at least Six (6) representatives to the General Council of the Bar. This implies that representation into the General Council of the Bar is on zonal basis, and duly stipulated in the NBA Constitution.”

The tribunal then held that “In the light of the totality of the findings above, we hold that the Petitioner was not validly nominated and seconded, because the Petitioner’s Nominator and her Seconder are not as qualified as her.”

On Akanni, the tribunal stated that “We hold that the ECNBA acted within its powers and the Law, in disqualifying the Appellant in line with our findings above, because the Appellant’s seconder, did not and does not meet the constitutional requirement, having not come from the same geographical zone with the Appellant, which is in breach of Part V, Sections 2 and 5 of the Second Schedule of the NBA Constitution.”

Turning to Ugwanyi, the Appeals Tribunal said: “We hold that the Petitioner having not provided evidence of payment of his Nominator’s branch dues for years 2020 & 2021, did not meet the requirements of a valid nomination to enable him contest the election.

“We also hold that by the provisions of Part V, S. 2 of the Second Schedule to the Constitution, the Petitioner`s Nominator, Alhaji Ahmed Abdullahi being of the Northern Geographical Zone is not qualified to nominate the Petitioner who is from the Eastern Geographical Zone.”

On Onakoya, the tribunal stated that “The reason which the ECNBA premised its decision is well grounded because the Nominator does not meet the constitutional requirement, having not come from the same zone which is in breach of Part V, Sections 2 and 5 of the Second Schedule of the NBA Constitution. We also hold, that the zoning arrangement to aspire or contest to the seat as a representative to the General Council of the Bar, by a candidate, must of necessity, also apply to the Nominator and Seconder.”

CITY LAWYER recalls that the tribunal had earlier upheld the decisions of the ECNBA disqualifying some other aspirants from the election. These include NBA 1st Vice President aspirant, Mr. Muhammad Doko Idris; his 2nd Vice President counterpart, Mr. Finian Ndukwu, and a 3rd Vice President aspirant, Mr. Promise Besinginwayemi Awolowo Ademi-Akpeto.

Others are Mr. Chukwuemeka Mbamala, an aspirant for the post of Treasurer as well as Mr. Felix Ashimole (aka Che Oyinatumba) whose quest for the position of NBA Publicity Secretary was also cut short by the ECNBA hammer.

The NBA election is scheduled to hold via electronic voting on July 16, 2022.

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EDITOR'S CHOICE
Jun 11, 2022
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‘WHY WE DISQUALIFIED FELIX ASHIMOLE,’ BY NBA APPEALS COMMITTEE

The strident quest by Nigerian Bar Association (NBA) Publicity Secretary aspirant, Mr. Felix Ashimole (aka Che Oyinatumba) to participate in the forthcoming NBA Elections has finally been laid to rest by the NBA National Appeals Committee, CITY LAWYER can authoritatively report.

In a decision obtained by CITY LAWYER, the Appeals Committee affirmed its positions in similar cases that the inability of the aspirant’s nominator to provide certain document dealt a fatal blow to his aspiration to join the NBA National Executive Council.

This lays to rest the controversy that has trailed Ashimole’s disqualification by the Electoral Committee of the NBA (ECNBA), as he argued that the committee had not determined his appeal, having not communicated its decision to him.

Said the Appeals Committee: “Since there was no evidence before this Committee by the Petitioner of attachment of payment receipt by Mr. Mohammed Iyorember Tsav of the 2021 Branch Dues, to the Appellant’s nomination form, which is a prerequisite for a valid nomination, the decision of the ECNBA to disqualify him was in order and validly made.”

Putting the matter beyond doubt, the Appeals Committee held: “Therefore, this appeal lacks merit and ought to be dismissed and it is accordingly dismissed.”

The decision was signed by Mrs. Olufunmilayo Roberts and Mr. Augustine Ajineh, the committee’s Chairman and Secretary respectively.

The NBA Elections hold on July 16, 2022.

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EDITOR'S CHOICE
Jun 04, 2022
0
Comments Off on NBA APPEALS C’TE DISMISSES VP ASPIRANT’S CASE

NBA APPEALS C’TE DISMISSES VP ASPIRANT’S CASE

An appeal by an aspirant for the post of Nigerian Bar Association (NBA) 2nd Vice President has been dismissed by the Nigerian Bar Association Appeals Committee headed by renowned chartered arbitrator, Mrs. Funmi Roberts.

The decision on the appeal filed by Mr. Finian Eze Ndukwu may also be a pointer to how the other appeals by other disqualified aspirants may be resolved by the committee.

In the decision obtained by CITY LAWYER, the committee stated that the sole issue for determination was “Whether upon consideration of the omissions in the Appellant’s Nomination Form constituting the basis for the rejection thereof and his disqualification thereby, the Appellant’s appeal is not devoid of merit and liable to being dismissed.”

It held that “It is therefore, our finding that the failures or omissions by the Appellant, his Nominator and Seconder in filling in those fundamental pages, portions, spaces, columns etc in the Appellant’s Nomination Form are not mere irregularities but failure to fulfil or supply to the ECNBA, facts/answers that would have aided ECNBA to determine his eligibility or otherwise for the position of office of the 2nd Vice President of NBA, in the 2022 General Elections.”

“We are in full agreement with the submissions by the ECNBA at page 2 lines 13, 21, and 24 of its Reply to the Appellant’s Appeal, that having failed to proffer answers to questions vii, viii, x, xi, xii, xiii, xiv, xv, xvi, xvii, and xviii of his Nomination Norm, which would have demonstrated his eligibility under the provisions of Part VIII(c), (d), (e) of the Second Schedule and Section 4(a), (b), (c), of the Constitution, the ECNBA was right to have rejected the nomination of the Appellant, and in consequence of that rejection, disqualify the Appellant pursuant to part I, paragraph 6, Second Schedule to the Constitution of the NBA2015, as amended in 2021.”

Bringing its final hammer on the quest by the aspirant to reverse the decision of the ECNBA, the Appeals Committee said: “The Appellant’s contention that he should have been notified of the errors, and that by not notifying him, his right to fair hearing is breached, is of no moment.

“The ECNBA is not clothed with such vires and more so, the Appellant was given the same opportunity as other aspirants to fill the Nomination Form properly, before submitting them. In Ayoade vs State (2020) 9 NWLR (pt 1730) 577 ratio 3 at pages 583 – 584, the Supreme Court held that:

“A party cannot and should not complain of breach of his right to fair hearing where he refused to avail himself as in the instant case, of the opportunity provided under the law to present his case. Darma Vs Eco Bank Plc. (2017) 9 NWLR (pt 1571) referred to………” See also C.M & E.S Ltd. (2020) 1 NWLR (pt 1704) 70 ratio 8 at page 78.

“It is upon the foregoing that this Committee resolves the sole issue against the Appellant and accordingly, his Appeal is hereby dismissed for lacking merit.”

It is recalled that the Appellant, an aspirant to the office of 2nd Vice President of the Nigerian Bar Association (NBA/Association) in the 2022 National Elections of the Association, was disqualified by the Electoral Committee of the Nigerian Bar Association (ECNBA) for failure to fill pages 4, 5, and 6 of the Nomination Form, and that his Nominator and Seconder did not fill pages 10 – 12 and 16 – 18.

The NBA Election is scheduled to hold on July 16, 2022.

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EDITOR'S CHOICE
May 30, 2022
1
Comments Off on ‘WHY WE DID NOT DISQUALIFY MAIKYAU’ – ECNBA

‘WHY WE DID NOT DISQUALIFY MAIKYAU’ – ECNBA

The Electoral Committee of the Nigerian Bar Association (ECNBA) has given reasons why it did not disqualify one of the leading presidential candidates, Mr. Yakubu Maikyau SAN from contesting the forthcoming NBA Elections.

In a letter obtained by CITY LAWYER and addressed to embattled Bar aspirant, Mr. Kayode Bello who wrote a petition to the electoral committee seeking the disqualification of the senior lawyer, the ECNBA ruled that it “has no jurisdiction over the complaint, as the subject matter of the petition is pending before the Legal Practitioners Disciplinary Committee (“LPDC”) the competent statutory body for adjudication.”

Dated May 27, 2022 and titled “2022 ELECTIONS OF NATIONAL OFFICERS OF THE NBA – RESOLUTION OF PETITION DATED 2 MAY 2022,” the electoral committee referred to Bello’s petition dated May 2, 2022 “and the response to the petition received from Mr. Yakubu Chonoko Maikyau, SAN, FCIArb (“the Respondent”) dated 12 May 2022.”

In the letter which was copied to Maikyau, the electoral umpire noted that Bello had “requested that the ECNBA disqualifies the Respondent from contesting for the office of the President of the Nigerian Bar Association (NBA).”

The ECNBA stated that it “has considered the petition and the response to same,” adding that aside from the jurisdictional hurdle which it was unable to surmount, “the power of the ECNBA to disqualify a person who wishes to contest for an office shall only crystallizes (sic) after a conviction of crime by a court of competent jurisdiction or if the candidate is found guilty of misconduct or professional impropriety by the LPDC by virtue of Part VII(e) and (f) Second Schedule of the Constitution.”

Sounding the death knell on Bello’s petition, the electoral committee wrote: “Consequently, your petition fails.”

In a petition addressed to the ECNBA Secretary and copied to CITY LAWYER, Bello had urged the ECNBA “to suspend the candidature of Mr. Y. C. Maikyau as the NBA presidential Aspirant, pending the determination of the disciplinary case against him at the Legal Practitioners Privileges Committee (LPPC) for his misconduct.”

Restating his grouse, Bello wrote: “In summary, Mr. Y.C. Maikyau who stands as presidential aspirant for the office of the NBA President in the forthcoming NBA election has lied to the LPPC that I did not show up at the Nigerian Law School for my Bar Final examination and he has used his office and position as the Senior Advocate of Nigeria to frustrate the reconciliation process between the Council of Legal Education and myself (Kayode Bello).

“The fact that Mr. Y.C. Maikyau lied to the LPPC that I did not or refused to show up for my Bar final examination in 2017 is/was tantamount to perverting justice and conspiracy to disobey the order of the Court.”

Maikyau however denied all the allegations in his response to the electoral body.

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EDITOR'S CHOICE
May 28, 2022
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‘MY ECNBA CLEARANCE TO RECLAIM NBA’S PRIDE,’ SAYS CLEMENT CHUKWUEMEKA

CLEARANCE APPRECIATION

“For the lord said, Have I not commanded you? Be strong and courageous. Do not be afraid; do not be discouraged, for the LORD your God will be with you wherever you go.” [Joshua 1:9]

Appreciating all that have called and supported me in this project. A little encouragement can go a long way, especially when God is in it through you.

Despite all odds and various intimidation from different quarters, yours truly, CLEMENT UGO CHUKWUEMEKA (DEMOCRATS) Has been given clean bill of health to serve my cherished Bar in the capacity of 2nd Vice President. This is a project exclusive for service to the Bar . I have devoted my time in serving the Bar. I love NBA , my cardinal objective is to see a better and prosperous Bar, where all members will be proud of their Association WITH NBA.

I AM A CORE BAR MAN, I want to see a day where young lawyers will be allowed to attend NBA conference free of charge, have a statutory Dinner with seniors without pay, defend their rights over jobs loses ,speak for them at their various work places and above all be the mouthpiece of Nigerian citizens through holding government accountable towards the protection of life and property as well as the chief pressure group in Nigeria.

That day begins today.

I am Clement Ugo Chukwuemeka, immediate past chairman of NBA, Bwari Branch. I have been tested in this game at the branch level, give it to me again at the national level watch NBA reclaim its pride in the minds of Nigerians .

There is absolute hope for NBA by choosing the right Person to support the president; Clement Ugo Chukwuemeka is that person. Let’s make it work together .

Thanks for all your support so far.

Clement Ugo Chukwuemeka

●Democrat is Back

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EDITOR'S CHOICE
May 28, 2022
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‘ROLE OF LAWYERS IN NATION BUILDING,’ BY TAIDI

By Jonathan Gunu Taidi, Esq.

The major goals of any given nation are: to promote the wellbeing of its citizens, develop strong institutions, strengthen its sovereignty, gain traction in the world map and engender a sense of patriotism in her citizens. All of these can conveniently be subsumed into the concept of nation building.
Nation building undeniably hangs on the strings of the rule of law, without which there is no environment for growth. In turn, the rule of law is guarded by the ministers at the temple of justice (lawyers and judicial officers) who must ensure that at every point in time, there is compliance with laid down rules. And since judicial officers are first lawyers before they ‘ascend’ to the bench and since they wield ultimate power in interpreting the letters of the law, they are without a doubt an integral part of nation building.

SPECIFIC ROLES AND IMPACT OF LAWYERS AND JUDICIAL OFFICERS IN NATION BUILDING
Under this subhead, we will attempt to outline certain key and specific roles lawyers-cum-judicial officers play in nation building. It is important to state that the roles herein are subsumed under the major role of upholding the principles of the rule of law. The roles are hereunder enumerated: 1. Lawyers are duty bound to Treat Civil Cases as Purely Civil.

There are a plethora of criminal cases in our courts today that are purely or majorly civil in nature. These cases mostly border on debt recovery, wherein facts are skewed to present a case of obtainment with false pretense so as to bring same under the purview of criminal law. These cases are handled by lawyers who are supposed to be ministers in the temple of justice, but as we have seen so many times, the desire to cash out often outweigh the lawyer’s duty to advise a client on the best legal route to take in seeking redress. Many have argued that this system is the fastest means of recovering debts, and while this may have some level of truism; it however contributes in destroying our legal system by creating a certain level of uncertainty, which in turn creates room for monumental arbitrariness. No nation can grow where there is such uncertainty regarding its legal practices.

2. Duty of Lawyers to Turn Down cases Aiding and Abetting Money Laundering by Government Officials and Private Individuals Alike

It is safe to state that no major act of money laundering is possible without the aid of a lawyer whether before or after the fact. The thieving mind either seeks counsel on how best to pull off the ignoble act or how to sustain it without suspicion. Lawyers are frequently directly involved in this dishonorable act by accepting laundered money labeled as legal fees. We are well aware that this arrangement is perhaps one of the safest ways to conceal laundered money since the lawyer’s account is seen as sacrosanct. The courts have even given judicial backing to this fact since it nullified the classification of the lawyer’s account as one over which the Special Control Unit against Money Laundering can beam its searchlight. Without doubt, this judicial step is a noble one which moreover confers respectability on the person of the lawyer. It resonates with pride and underlines the high esteem with which lawyers are regarded. It is however sad that rather than live up to this perception, we take advantage of same to destroy the country all the more. No nation can develop where such acts continue unabated. Thus, if every lawyer can choose to do better in this regard, we can begin to chart a sustainable course for nation building.

3. Duty by Lawyers to Desist From Undue Delay and Frustration of Cases In Court
as justice delayed is justice denied. There can be no serious talk of nation building when the general notion is that a tortoise would probably finish touring the world before a case in a Nigerian court would come to a conclusion. Lawyers in a bid to buy time employ delay tactics to frustrate cases over which they are well aware their clients have no legal rights. Series of excuses are proffered to obtain unreasonable adjournments. As ministers in the temple of justice, we ought to defend or prosecute cases in court with the aim of doing justice regardless of whose interest we are representing. If a client is well in the wrong, we are duty bound to advise him accordingly to explore settlement options or take the necessary steps for the speedy dispensation of the case. The funny thing about unconscionable delay tactics is that we are all victims of it. The argument you proffer in court today will come back to haunt you tomorrow in a separate matter. All of these create in the minds of the citizens a diminished sense of confidence in the judiciary, thereby leading to increased use of self-help, or rather jungle justice, which is inimical to nation building.

4. Duty by Lawyers to Uphold the Rights of the Undefended

One of the noblest ways to adequately express the gift of advocacy is to as much as possible stand for people whose rights are trampled on and have no one to fight for them. As lawyers, we owe it a duty to the society as a measure of our goodwill and ‘giving back,’ to take deserving cases in this regard, prosecute or defend these to their logical conclusions. Any wrong that goes unaddressed is a dent on the rule of law which has its toll on nation building.

5. Duty by Lawyers to Advise Government Officials and Institutions Appropriately
A lawyer is trained to always uphold the rule of law and to be bold in doing same. The travesty of government officials on whose watch or at whose behest the rule of law is greatly bastardized and left unchecked, is sadly often aided by lawyers in both government and private practice who are determined to earn their fat fees at the detriment of the soul of the nation. This is a major stumbling block to nation building. We have witnessed time and again the impunity with which orders of court are disobeyed by government officials. I am of the strong opinion that these government officials are not being properly advised by the legal personalities saddled with the responsibility to so do. We have had situations where Attorney Generals have been sent to prison for the failure of governments to obey court orders. This sort of thing is a dent on the legal profession. Where a governor or elected government official fails to obey orders of court, the A.G ought to resign in protest to protect the rule of law. This will to a large extent send the right signal and foster a sense of confidence in the legal profession which remains the last hope of the common man.

6. Duty by Lawyers to When Necessary Institute Public Interest Suits in Defense of the Rule of Law
Similar to the point made previously on the duty of lawyers to take up pro bono cases, is the duty of lawyers, especially the NBA, to take it upon themselves to champion the cause of true nation building by being in the forefront of challenging any act of government or individuals that threaten the collective goodwill of the nation. This duty is codified in the NBA constitution through the Section on Public Interest and Development Law. I must commend this section of the NBA for its work thus far, but there is still much to be done.

7. Duty To Appoint Judicial Officers Who Would Always do Justice Without Fear or Favour
One corrupt judge is perhaps more dangerous than 10 armed men, for he can throw the innocent into prison and free as many guilty people that can bribe their way to unmerited judgment. In the same vein, a judge who applies sentiments in adjudicating on matters will hardly ever reach just conclusions. To this end, it is important that the necessary appointing authorities, as a matter of duty and patriotism, place on the seats of adjudication only people with proven track record of integrity and grit in the dispensation of justice.

Closely related to the above is also the need for judicial officers to be up and doing in terms of the time frame within which cases in their courts are dispensed with. They should always stand firm in curbing the antics of lawyers who try to delay the cause of justice.

We have enumerated few specific roles by lawyers and judicial officers alike in contributing to nation building. It is hoped that as we progress as a nation, we will see the need as legal practitioners to embrace this all important duty. Away from the legal duties lawyers must perform in promoting nationhood, we must also be up and doing in our civic duties to the state.

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EDITOR'S CHOICE
May 21, 2022
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DOKO, NWOSU, AKPETO, OTHERS DISQUALIFIED, NDUKWU FILES APPEAL

More aspirants have been disqualified by the Electoral Committee of the Nigerian Bar Association (ECNBA) in the run-up to the 2022 NBA National Officers and General Council of the Bar (GCB) Elections.

While there is palpable anxiety within the ranks of the aspirants as most of them are yet to be communicated by the electoral committee on their fate, CITY LAWYER gathered that the ranks of aspirants who have come under the ECNBA hammer has swelled.

Meanwhile, CITY LAWYER can authoritatively confirm that at least one aspirant for the position of NBA First Vice President, three aspirants for the post of NBA Second Vice President and one aspirant for the post of NBA Third Vice President have been barred by the Electoral Committee from contesting the forthcoming elections.

Aside from NBA First Vice President aspirant, Mr. Muhammad Idris Doko who was slammed because “your Seconder being a member of a political party in Nigeria is not qualified like you in accordance with the provisions of the Constitution,” outgoing NBA Ukwa Branch Chairman, Sir. Samuel Nwosu was disqualified from the NBA Second Vice President race because as regards the mode of reckoning post call years, “your Nominator is less than the requisite 15 years post-call. Similarly, there is no evidence that your Seconder paid her Branch Dues for year 2020 and 2022.”

His counterpart in the NBA Second Vice President race, Mr. Anthony Chukwurah came under the ECNBA hammer because “your Nominator is not from the Eastern Zone, he is not qualified like you in accordance with the relevant provisions of the Constitution.”

Another aspirant for the same position, Mr. Finian Ndukwu also fell by the way side. Giving reasons for his disqualification, the electoral committee told Ndukwu that “having failed and/or omitted to complete your nomination form and supply requisite answers for determining your eligibility to contest in the Election, your nomination form is accordingly rejected. Consequently, you are hereby DISQUALIFIED from contesting for the office of 2nd Vice-President in the Election.”

Mr. Promise Besinginwayemi Awolowo Ademi-Akpeto, an aspirant for the position of NBA Third Vice President, suffered a similar fate when the Electoral Committee noted that the Seconder for his nomination “is less than 15 years post-call as required” in view of the above constitutional provisions and particularly the mode of reckoning post call years.

Meanwhile, Ndukwu has activated the appeal process. In an appeal made available to CITY LAWYER and addressed to the Chairperson of the Chairperson of NBA 2022 National Election Appeal Committee, he wrote: “I herein attached the said unfiled pages 4,5 and 6 of my nomination form and pages 10-12 including pages 16-78 of my nominator and that of my seconder, as 2nd Vice President for your perusal and reconsideration in this
appeal for the following grounds….”

Outlining the grounds of his appeal, he wrote: “1. That I completed the up part of page 4 of the said form and never filed the remaining part of page 4,5 & 6 because it was clear and stated that it should be filed by candidate for the position of President, 1st Vice President and General Secretary only.

“2. That in respect to pages 10-12 of the said form, it was not also filed by my nominator because it was clear as it is strictly stated for it to be filed by the Nominator of Candidate for the position of President, 1st Vice President and General Secretary only including Nominator of candidates for the position of Treasurer only in the case of page 12 of the my form.”

In a veiled lampooning of the Electoral Committee, Ndukwu argued “that ECNBA in this information age ought to have given fair hearing by giving me time and notice to supply the said information to the above said pages either by invitation, E-mail, whatsapp or Phone call which is available to them and that of my Nominator, and seconder before disqualifying me.

“I therefore most humbly urge the Appeal Committee to reconsider my nomination in the interest of justice as my nomination form was not rejected but accepted with acknowledgement on the 16th of April, 2022 by the ECNBA at the time of submission.”

Meanwhile, almost all the aspirants told CITY LAWYER that the ECNBA is yet to communicate to them on the outcome of the screening process.

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EDITOR'S CHOICE
May 17, 2022
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YOUNG LAWYERS: GADZAMA MENTORSHIP TRAINING HOLDS NEXT MONTH

The Annual Honourable Justice Chukwudifu Oputa JSC Mentoring Program will hold next month, the organisers, J-K Gadzama LLP have said.

According to a statement made available to CITY LAWYER, this year’s eagerly awaited session is themed “Emerging Areas of Law: The Role of Young Lawyers”.

The statement reads:

Our 7th annual Honourable Justice Chukwudifu Oputa JSC Mentoring Program is scheduled to take place on Saturday, June 4, 2022.

The theme of this year’s Mentoring Program is, “Emerging Areas of Law: The Role of Young Lawyers”. As usual, the program promises to be informative.

Young lawyers who are interested in this hybrid event can click on the link below to register:

https://us02web.zoom.us/meeting/register/tZckcOGsqD4pGtGwjACP16YVWPS0co68gZE_

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EDITOR'S CHOICE
May 13, 2022
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GADZAMA CELEBRATES JUSTICE MARY PETER-ODILI ON RETIREMENT

CHIEF JOE-KYARI GADZAMA, SAN CELEBRATES WITH HON. JUSTICE MARY PETER-ODILI (RTD) ON HER OFFICIAL BOW FROM THE NIGERIAN JUDICIARY

On Thursday, May 12, 2022, Hon. Justice Mary Peter-Odili finally retired from the Nigerian Judiciary after having served for over four decades and attaining the retirement age of 70 years. A befitting valedictory court session was organized to bid her farewell from active service at the Supreme Court of Nigeria.

This valedictory court session was well attended by eminent and dignified personalities such as her significant other, former Governor of Rivers State, His Excellency, Dr. Peter Odili, Chief Justice of Nigeria, Ibrahim Tanko Muhammad, Justices of the Supreme Court and other courts in Nigeria, Attorney-General of the Federation, Abubakar Malami, SAN, Governors of various States in Nigeria; His Excellency, Barr. Nyesom Wike of Rivers State, Governor of the Central Bank of Nigeria, Godwin Emefiele, Senior Advocates of Nigeria amongst many others.

Prior to her retirement, she was recognized as the second most senior Justice of the Supreme Court of Nigeria. It is also germane to state that she made foremost contributions through her landmark judgments to the Nigerian judicial framework. Indeed, she is the real definition of discipline and hard-work.

Immediately after her valedictory service at the Supreme Court, she hosted her colleagues, Learned Silks and other well wishers to a reception party at her residence. Chief Joe-Kyari Gadzama, SAN was present at the event held at her residence and he utilized this opportunity to heartily congratulate her for the feat attained during her time in service to the Nigerian Judiciary.

The Learned Silk and Hon. Justice Mary Peter-Odili (RTD) were all smiles as they took pictures together at her residence while celebrating her retirement.

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EDITOR'S CHOICE
May 12, 2022
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‘FASHION WAYS TO THRIVE IN VOLATILE ENVIRONMENT,’ TAIDI URGES NBA JALINGO BRANCH

GOODWILL MESSAGE TO NIGERIAN BAR ASSOCIATION JALINGO BRANCH ON HER 2022 LAW WEEK

I felicitate with the Chairman and Members of the Nigerian Bar Association Jalingo Branch on the occasion of her 2022 Law Week.

The theme: “Legal Practice In A Volatile Democracy: The Nigerian Experience” provides opportunity for a thorough x-ray of our practice over the years especially in the midst of insecurity, economic strangulation and rampant maladministration of justice.

The law week therefore becomes a platform to direct and reflect on the impediments to legal practice with a view to fine tuning strategies that will help us better cope with the existing quagmire.

I urge distinguished colleagues to participate fully in the discussions at this epoch gathering and come up with practical and enduring solutions on how legal practice can thrive in such a volatile environment as ours.

Wishing you all a fruitful and memorable law week.

Jonathan Gunu Taidi, Esq.
NBA General Secretary (2018 – 2020)

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EDITOR'S CHOICE
May 09, 2022
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TAIDI HAILS LAGOS, IKEJA BRANCHES ON MONTHLY MEETINGS

GOODWILL MESSAGE TO NBA LAGOS BRANCH ON HER MONTHLY GENERAL MEETING

I felicitate with the Chairman, Executive Committee, and the entire members of the Nigerian Bar Association Lagos Branch on the occasion of her monthly meeting holding today 9th May, 2022.

I particularly commend the sustenance of the knowledge sharing session tailored towards equipping, as well as sharpening, the knowledge base of members. Equally commendable is the hybrid nature of the event which tend to accommodate all members.

I wish you all a very interactive and fruitful deliberations.

Jonathan Gunu Taidi, Esq.

NBA General Secretary (2018 – 2020)

GOODWILL MESSAGE TO NBA IKEJA BRANCH ON HER MONTHLY GENERAL MEETING

I felicitate with the Chairman, Executive Committee and the entire members of Nigerian Bar Association Ikeja Branch on the occasion of her monthly meeting holding today 9th May, 2022.

I particularly commend the idea of a health check aimed at sustaining the physical and mental well-being for its hard working, dogged, resellient and focused members.

As you deliberate on the challenges bedevelling the legal profession particularly and the nation at large I wish you all a very interactive and fruitful deliberations.

Jonathan Gunu Taidi, Esq.

NBA General Secretary (2018 – 2020)

EDITOR'S CHOICE
May 09, 2022
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TAIDI LAUDS NBA IKOT EKPENE ON BAR WEEK

GOODWILL MESSAGE TO NIGERIAN BAR ASSOCIATION IKOT EKPENE BRANCH ON THE OCCASION OF HER 2022 BAR WEEK

I heartily congratulate the Chairman and Members of the Nigerian Bar Association Ikot Ekpene Branch on the occasion of her 2022 Bar Week between 8th – 12th May, 2022.

The theme of the law week: “Strengthening the Pillars of Democracy Through Effective Legislation” is aptly chosen given the gap between our laws and their implementation.

The frequency with which our laws undergo review is a testament to their ineffectiveness. There is therefore the urgent need to enact legislation that will fill the obvious gaps in the polity and thereby promote good governance.

I urge all participants to take advantage presented by this opportunity and come up with recommendations that will discourage the sort of ineffective legislations that have held us back for so long.

Once more, congratulations and I wish you all a rewarding and impactful law week.

Jonathan Gunu Taidi, Esq.
NBA General Secretary (2018 – 2020)

EDITOR'S CHOICE
May 03, 2022
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PETITIONER ASKS ECNBA TO BAR MAIKYAU FROM NBA ELECTION

* SAYS HE HAS PENDING PETITION AT LPPC

*** ‘I HAVE NO COMMENTS,’ MAIKYAU TELLS *CITY LAWYER***

An embattled aspirant to the Nigerian Bar and erstwhile student of the Nigerian Law School has urged the Electoral Committee of the Nigerian Bar Association (ECNBA) to bar one of the leading presidential aspirants in the forthcoming NBA Elections, Mr. Yakubu Chonoko Maikyau SAN from taking part in the NBA presidential poll.

The petitioner, Mr. Kayode Bello, made the plea in a petition he emailed yesterday to the verified email handle of the ECNBA, info@ecnba.ng and copied to CITY LAWYER. Others copied in the petition include “Mr. Gadzama, NBA Presidential Aspirant;” “Mr. Laidi, NBA presidential Aspirant;” the “press/media;” Legal Practitioners Privileges Committee (LPPC); “United States Embassy (for rule of law),” and the United Nations Human Rights Council.

His words: “It is hereby prayed that Mr. Y.C. Maikyau, an aspirant for the NBA election, 2022, be screened properly based on the foregoing and his candidacy be suspended based on the doctrine of necessity to ensure sanctity and sanity of the noble legal profession. And that the ECNBA should do that which is appropriate and or necessary to sustain and maintain the nobleness of the legal profession.”

Meanwhile, Maikyau declined comment on the matter when CITY LAWYER contacted him, saying that the petition was not addressed to him. “Why should I respond?” he asked. He however expressed readiness to respond to the petition if asked to do so by the electoral umpire.

Dated May 2, 2022 and addressed to the Secretary, Electoral “Commission” of the Nigerian Bar Association, the petition was titled “PETITON AGAINST Y.C. MAIKYAU AT THE LEGAL PRACTITIONERS’ PRIVILEGES COMMITTEE: NEED FOR PROPER SCRUTINY AND SUSPENSION OF Y.C. MAIKYAU’S CANDIDATURE AS NBA PRESIDENTIAL ASPIRANT.”

The petitioner based the ground of his petition on section 20 (1) (f) of the Nigerian Bar Association (NBA) Constitution 2021 (as amended) which states that “A National Officer may be removed from office where he /she is involved in an act or behavior that brings or is likely to bring the Association into disrepute.‘’

He urged the ECNBA “to suspend the candidature of Mr. Y. C. Maikyau as the NBA presidential Aspirant, pending the determination of the disciplinary case against him at the Legal Practitioners Privileges Committee (LPPC) for his misconduct.”

Bello argued that the suspension of the candidature of Mr. Y.C. Maikyau “is necessary as expounded by the 13th century English jurist, Henry de Bracton,” adding that the doctrine of necessity is that ‘’that which is otherwise not lawful is made lawful by necessity.

“The suspension of Mr. Y.C. Maikyau from contesting as the NBA presidential aspirant would bring honour to the highly revered legal profession, and would prevent unnecessary distractions in the conduct of the NBA activities and duties in respect especially of the next administration of NBA and National Executive Committee of the NBA.”

Delving into the kernel of his grouse against the senior lawyer, Bello wrote: “The petition against Mr. Y.C. Maikyau at the LPPC is based on disobedience of Court Order obtained by me (Kayode Bello) permitting me to write my Bar Final examination at the Nigerian Law School after I was unlawfully expelled by the Nigerian Law School over reservation of seat by my colleague, Miss Chidinma Akam (who has been called to the Nigerian Bar), due to poor state of facilities at the Nigerian Law School.”

He alleged that he has not completed his Law School programme, blaming it “mainly to acts and lies” of a plethora of persons including a former Dean of Faculty of Law, University of Ibadan “who kept sending negative reports about me to the Nigerian Law School that led to my expulsion at the Nigerian Law School, Mr. Obasi Obi, the lawyer working with Mr. Y.C. Maikyau, Late Mr. Akinyemi Julius (of late memory) amongst others.

“Another Law School Application Form I obtained was sent by my Faculty of Law, University of Ibadan, to the Nigerian Law School for admission purpose but the Nigerian Law School has neither admitted me nor given reason it did not admit me. In accordance to the code of conduct of the Nigerian Law School, I was not barred from attending the Nigerian Law School.”

Stating that Maikyau “elected” to be the counsel to the Council of Legal Education, the beleaguered Bar aspirant alleged that “It is also untruthful, unfair and unbecoming of Mr. Y.C. Maikyau in his response to the Legal Practitioners Privileges Committee (LPPC) to have LIED that:

‘’ …. Notwithstanding the matters stated above, the Petitioner [myself] failed and or refused to show up to write the examination’’ (paragraph 12 of Mr. Y.C Maikyau’s reply to the Disciplinary Committee of the Legal Practitioners Privileges Committee (LPPC), Supreme Court of Nigeria, dated 14th March 2019, whereas on August 15th, 2017 I was at the Nigerian Law School gate to enter for the Bar Final Examination, but I was not
allowed to enter.”

Bello alleged that while he proceeded to court to levy contempt proceedings against Maikyau among others, the NBA presidential aspirant “used his position as the Senior Advocate of Nigeria to scuttle the reconciliation efforts as advised by Justice B.O. Quadri on 8th of September, 2017, that we (parties) should reconcile.”

He alleged that the acts “are against the basic aims, objects and tenets of the Nigerian Bar Association,” and “prayed that Mr. Y.C. Maikyau, an aspirant for the NBA election, 2022, be screened properly based on the foregoing and his candidacy be suspended based on the doctrine of necessity to ensure sanctity and sanity of the noble legal profession.”

The ECNBA is yet to respond to the petition. The NBA Election is scheduled to hold on July 16, 2022 to elect National Officers and NBA representatives at the General Council of the Bar.

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EDITOR'S CHOICE
Apr 29, 2022
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UGWUOKE LAUDS OSIGWE, MOGBO ON YOUNG LAWYERS’ WELFARE

An aspirant for the office of Nigerian Bar Association (NBA) Welfare Secretary, Mr. Ikechukwu Maximus Ugwuoke has commended Bar Leaders, Mazi Afam Osigwe SAN and Chief Anthony Mogbo SAN for their support for young lawyers.

Noting that some senior lawyers “are doing their best” to ameliorate the challenges facing young lawyers, Ugwuoke said: “I was delighted to learn of the recent opening of application for Afam Osigwe SAN Courtroom Mail Prize for Young Lawyers.

“I am also aware that earlier this year a member of the Inner Bar in Enugu, Mogbo SAN paid the practicing fees for all young lawyers from all the branches of NBA in Enugu State. Such gestures are highly encouraging to young lawyers.”

Describing the initiatives as “quite commendable,” the aspirant said that “More of such gestures are expected from very senior members of the Bar and more especially the Senior Advocates of Nigeria towards encouraging the young lawyers.”

He noted that the challenges that young lawyers face in legal practice are well known to all senior lawyers “many of who passed through same challenges in their early days of practice,” and said that “it is unfortunate that many successful senior lawyers tend to either forget to render assistances to young lawyers or concentrate only on the welfare of the young lawyers that are working under them.”

According to him, “The challenge of one young lawyer anywhere should be a thing of concern to all. The young lawyers of today are the senior lawyers of tomorrow and their welfare need to be taken care of so that they can realise their aspirations.

“Many young lawyers face situational challenges that make them veer off the track in a bid to survive. The kind of foundations laid for young lawyers will determine the kind of Senior Lawyers they would grow to become.

“Senior Lawyers in Nigeria by the special privilege they enjoy in the Bar are highly priced in the profession. By that privilege they handle most juicy briefs that make them financially viable. We know the legal profession is like a wine, it gets better as it gets older.”

Pointing the way forward, Ugwuoke said: “It would not be a bad idea for successful senior lawyers and members of the Inner Bar to set up a trust fund for the welfare of young lawyers. They could set out a specific sum of money that every successful senior is expected to be contributing to the trust fund annually as part of their support for the growth of the younger ones.

“Funds from such trust funds could be used to pay monthly stipends to all young lawyers of less than 7 years post call irrespective of their place of practice. This gesture will go a long way in cushioning the effect of the hardship young lawyers are subjected to. Some professions like the medical profession have a system that rewards their new entrants during their housemanship and internship programmes.”

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EDITOR'S CHOICE
Apr 25, 2022
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Comments Off on NBA-SPIDEL: EARLY BIRD WINDOW FOR SOKOTO CONFAB ENDS SOON

NBA-SPIDEL: EARLY BIRD WINDOW FOR SOKOTO CONFAB ENDS SOON

The Nigerian Bar Association (NBA) has urged lawyers and the general public to ensure that they use the Early Bird window to register for the eagerly awaited NBA Section on Public Interest and Development Law (SPIDEL) Annual Conference.

In a statement by its Publicity Secretary, Dr. Rapulu Nduka, the NBA stated that lawyers are “specially invited to participate” in the NBA-SPIDEL Annual Conference scheduled to hold in Sokoto, urging prospective participants to “Kindly register through this link https://nbaspidel.ng/nba-spidel-conference-2022/.”

The notice observed that Early Bird registration will end on the May 2, 2022, adding: “Be assured that the topics of discourse, array of speakers, and secured serene environment will make this year’s NBA-SPIDEL conference an exciting one.”

Meanwhile, many lawyers who have registered for the conference have taken to their social media handles to excitedly announce their participation.

Below is the full text of the NBA statement.

2022 NBA SECTION ON PUBLIC INTEREST AND DEVELOPMENT LAW ANNUAL CONFERENCE: INVITATION TO PARTICIPATE

Dear Colleagues,

You are specially invited to participate in the Annual Conference of the Section on Public Interest and Development Law of the Nigerian Bar Association (NBA-SPIDEL), which will take place from the 22nd -26th May 2022 at the Sokoto Conference Centre, Sokoto, Sokoto State. The theme of the conference is “Rule of Law and Democratic Evolution in Nigeria.”

Kindly register through this link https://nbaspidel.ng/nba-spidel-conference-2022/

Kindly note that early bird registration will end on the 2nd day of May 2022.

For more information on the various sub-topics for discourse, array of speakers, list of topclass hotels at discounted rates, tourist attractions, membership information etc., kindly visit www.nbaspidel.ng

Be assured that the topics of discourse, array of speakers, and secured serene environment will make this year’s NBA-SPIDEL conference an exciting one.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

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EDITOR'S CHOICE
Apr 17, 2022
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Comments Off on NBA-SPIDEL REGISTRATION FOR SOKOTO CONFAB STARTS TUESDAY

NBA-SPIDEL REGISTRATION FOR SOKOTO CONFAB STARTS TUESDAY

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) will on Tuesday commence registration for its eagerly awaited 2022 Annual Conference holding in the ancient and royal city of Sokoto.

The conference which will hold at the exquisite 1,500-capacity Sokoto Conference Centre located along Sokoto Airport Road between May 22 and 26, 2022 has as its theme “Rule of Law and Democratic Evolution in Nigeria.

According to a statement by NBA-SPIDEL Publicity Secretary, Mr. Godfrey Echeho, Early Bird registration will commence on April 19 and end on May 2, 2022 while Late Registration starts on May 3 and ends on May 17, 2022. The hybrid conference is also open to virtual participants.

While young lawyers of 1-5 years post-call experience will pay only N5,000 as Early Bird rate, this will attract N7,000 as Late Registration. 6-10 years post-call participants will pay N7,000 as Early Bird rate and N10,000 for Late Registration. N10,000 and N15,000 are the Early Bird and Late Registration rates respectively for lawyers with 11-15 years post-call experience while 16-20 years post-call participants will pay N15,000 and N20,000 respectively as Early Bird and Late Registration rates.

Lawyers with 20 years and above post-call experience will pay N20,000 and N25,000 respectively as Early Bird and Late Registration rates while Senior Advocates of Nigeria, Attorneys General and Benchers will pay N50,000 and N70,000 respectively as Early Bird and Late Registration rates.

Justices, judges, khadis and grand khadis are required to pay N30,000 and N35,000 respectively as Early Bird and Late Registration rates while non-lawyers will pay N20,000 and N25,000 respectively as Early Bird and Late Registration rates. Virtual rates are also available for prospective online participants.

To register, visit www.nbaspidel.ng. For enquiries, please call 07065399177 or 08063088182 or email info@nbaspidel.ng.

NBA-SPIDEL annual conferences are increasingly becoming a reference point for very lively and intellectually rewarding conferences.

According to NBA-SPIDEL Chairman, Dr. Monday Ubani, “This year’s conference is designed to outstrip our last conferences in Aba and Ibadan both in the repertoire of topical issues on public interest and development law, ambience, networking, sight-seeing and social activities. It is designed to be a most engaging and entertaining conference ever held by SPIDEL. The Conference Planning Committee (CPC) ably led by three-term Lagos State Commissioner, Dr. Muiz Banire SAN has been extremely impressive. I do not wish that any lawyer should miss this year’s conference for any reason.”

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EDITOR'S CHOICE
Apr 04, 2022
1
Comments Off on NBA ELECTIONS 2022: THE CONTENDERS, THE PRETENDERS

NBA ELECTIONS 2022: THE CONTENDERS, THE PRETENDERS

The Nigerian Bar Association (NBA) will on July 16, 2022 conduct an election to fill vacancies in the National Executive Council (NEC) and the General Council of the Bar (GCB).

A frenzy of activities and jostling has attended the run-up to the eagerly awaited elections. In this piece, and against the backdrop of release of the Election Guidelines by the Electoral Committee of the NBA (ECNBA), CITY LAWYER makes a sneak preview of the gladiators that may mount the soap-box to contest the forthcoming elections.

PRESIDENT
Barring any major shifts, the battle for the NBA Presidency will be a three-legged tussle between Chief Joe-Kyari Gadzama SAN, Mr. Yakubu Chonoko Maikyau SAN and Mr. Jonathan Taidi. While Gadzama is the Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Maikyau is the Chairman of the NBA Welfare Committee. On his part, Taidi is the immediate past NBA General Secretary. The three gladiators have invariably hit the ‘campaign trail’ on “consultations,” attending sundry meetings and events hosted by NBA branches and regional blocs and generally fraternizing with potential voters while seeking the buy-in of especially influential Bar Leaders and young lawyers on their vision for the Bar. A major issue that is bound to impact the presidential race is the debate over “micro-zoning” of the presidential slot. While the ECNBA’s decision on the issue is eagerly awaited, there is no gainsaying that it will invariably impact the presidential election.

GENERAL SECRETARY
Aside from the presidential race, the election for the post of General Secretary is poised to be a fierce dog-fight between five gladiators. These are Messrs Adesina Adegbite, Desmond Yamah, Ede Asenoguan, Ewenode William and Collins Ogiegbaen. While Adegbite is the penultimate NBA Welfare Secretary, Yamah is a former NBA Abuja Branch Chairman. Asenoguan held sway in NBA Benin Branch as its one-time Chairman while William is the immediate past NBA Assistant General Secretary and former NBA Effurun Branch Secretary. On his part, Ogiegbaen is the immediate past NBA Benin Branch Chairman. It is speculated that unless the Midwest Bar is able to reach a rapprochement among its four aspirants, it may hand the initiative to Adegbite who may poll a block vote from the South West bloc, thus dealing the Midwest Bar a similar hand it unleashed on the Egbe Amofin bloc during the 2014 and 2020 elections that led to the emergence of former NBA President, Mr. Augustine Alegeh SAN and current president, Mr. Olumide Akpata. CITY LAWYER gathered that as at this weekend, the talks remained deadlocked, moreso given the factionalization of the Midwest Bar into two strident opposing camps.

FIRST VICE PRESIDENT
Zoned to the “Northern Zone,” the race for the pivotal seat of NBA First Vice President is between Linda Rose Bala and Messrs Yakubu Saleh Bawa, Idris Doko Muhammad and Liman Salihu. While Bala is former NBA Legal Adviser, Bawa is current Chairman of NBA Jos Branch. On his part, Salihu is former Chairman of NBA Lokoja Branch while Muhammad is of NBA Lagos Branch. Although Bala is seen as having a better name recall and a veteran of NBA politics of sorts, analysts told CITY LAWYER that the other aspirants are “working very hard” to upstage her and neutralize any advantage her earlier involvement in NBA national politics may have afforded her.

SECOND VICE PRESIDENT
The post of Second Vice President is zoned to the “Eastern Zone.” CITY LAWYER gathered that while the influential Eastern Bar Forum (EBF) may have ‘micro-zoned’ the slot to the Core East, at least four aspirants may jostle for the position. Among the gladiators are the immediate past NBA Bwari Branch Chairman, Mr. Clement Chukwuemeka (aka “Democrats”); his NBA Owerri Branch counterpart, Mr. Damian Nosike; Dr. Gerald Abonyi, pioneer NBA Obollo-Afor Branch Chairman who was disqualified during the last general election, and Mr. Anthony Chukwurah, former NBA Gwagwalada Branch Secretary. Sources however told CITY LAWYER that three more aspirants – a university teacher from Awka Branch, a former branch chairman from Ezeagu Branch and yet another branch chairman from Mbano or Mbaise branch – may yet join the fray. The EBF has set up a Screening Committee to grill the aspirants and make recommendations to it.

THIRD VICE PRESIDENT
Zoned to the “Western Zone” comprising the eight States in the Egbe Amofin O’odua and Midwest Bar forums, the race is a straight fight between former NBA Ota Branch Chairman, Mr. Isaac Omuta Ogbah and Mr. Promise Ademi-Akpeto, his NBA Sapele Branch counterpart. Ademi-Akpeto is the current Treasurer of Midwest Bar Forum and was recently listed as having expressed interest in being appointed a Justice of the Supreme Court of Nigeria. Both former NBA Ikorodu Branch Chairman, Mr. Bayo Akinlade and Siyanbola Ganiyat Adetutu who were rumoured to have interest in the position told CITY LAWYER that there is no truth in the speculation. Adetutu lost the race for the position of First Vice President in the last election.

TREASURER
The position of Treasurer is an all-comers affair, as it is not zoned to any particular bloc. Viewed as an influential position in NBA matters – moreso with the wiping off of the post of Financial Secretary – the race is poised to be between four aspirants, including former NBA Assistant Publicity Secretary, Mr. Chuks Mbamala of NBA Enugu Branch; current NBA Epe Branch Vice Chairman and NBA-SPIDEL Committee Treasurer, Funmi Adeogun; Caroline Ladidi Anze-Bishop, former Vice Chairman and former NEC Representative, NBA Bukuru Branch, and Safiya Balarabe of Lafia Branch.

WELFARE SECRETARY
The position of Welfare Secretary is also not zoned to any bloc. Among those said to be jostling for the post former NBA Assistant Secretary, Chinyere Obasi; NBA Welfare Committee member and co-opted NEC member, Mr. Auta Nyada and current NBA Aba Branch Vice Chairman, Mr. Victor Onweremadu. CITY LAWYER reliably gathered that at least four aspirants may eventually make the ballot.

PUBLICITY SECRETARY
The position of Publicity Secretary is not zoned to any bloc. This is a tripodal race between the immediate past Assistant Publicity Secretary, Mr. Habeeb Akorede Lawal; current NBA Welfare Committee Secretary, Ogaga Emoghwanre, and the latest entrant, Mr. Felix Chukwuma Ashimole (aka Che Oyinatumba), a former NBA Bwari Branch Secretary and former Member of NBA Anti-Corruption Committee.

ASSISTANT GENERAL SECRETARY
The position of Assistant General Secretary is also not zoned to any bloc. This race may present a crowded field of aspirants. They include current NBA Ikorodu Branch Secretary, Mr. Oluwaseun Aka; incumbent NBA Ilorin Branch Secretary, Mr. Dhikrullah Adewale Balogun; Mr. Daniel Kip of Calabar; Mr. Oseme Peremene Anthony, former NBA Idemili Branch Chairman; Mr. Ayo Scott, former NBA Ughelli Branch Chairman, and one A. O. Abba of NBA Minna Branch.

ASSISTANT PUBLICITY SECRETARY
The position of Assistant Publicity Secretary is also not zoned to any bloc. While this may be a straight fight between Mr. Charles Ajiboye who also contested for the position during the last election and Mr. Akachukwu Nwoye, current NBA Gwagwalada Branch Secretary, CITY LAWYER gathered that other aspirants are waiting in the wings to join the race.

CITY LAWYER reliably gathered that two former branch chairmen and a former branch secretary are among those gunning to represent the NBA at the General Council of the Bar.

It remains to be seen how the permutations will play out as the elections draw closer.

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EDITOR'S CHOICE
Mar 31, 2022
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Comments Off on ‘THE FUTURE OF LAWYERS AND LEGAL EDUCATION,’ BY EMEKA NGIGE

‘THE FUTURE OF LAWYERS AND LEGAL EDUCATION,’ BY EMEKA NGIGE

The Nigerian Bar Association (NBA) recently organised a “Legal Education Summit” in collaboration with the Afe Babalola University. In a Goodwill Message to the Summit, Chairman of Council of Legal Education (CLE), CHIEF EMEKA NGIGE SAN embarks on a tour de force on efforts to rejig legal education in Nigeria and warns that scrapping the entire edifice in pointing to the future is not an option

A Goodwill Message By Chief Emeka Ngige, SAN, Chairman, Council of Legal Education to Legal Education Summit 2022, Organised by the Nigerian Bar Association in collaboration with Afe Babalola University, Ado-Ekiti. 29 -30 March 2022

Theme: Re-Imagining Legal Education In Nigeria

✓ The Vice President, Federal Republic of Nigeria;
✓ State Governors Here Present particularly Governor of Ekiti State;
✓ The Hon Chief Justice of Nigeria;
✓ Hon Chief Judges of States in Nigeria Here present;
✓ Hon Justices and Judges of Superior Courts in Nigeria;
✓ The Hon Attorney-General & Minister of Justice;
✓ Hon Attorneys-General of States Here Present;
✓ The President, NBA;
✓ Hon Benchers Present;
✓ Senior Advocates of Nigeria Present;
✓ The Chairman, Legal Education Summit 2022;
✓ Distinguished members of the Council of legal Education Here present;
✓ The Director-General, Nigeria Law School;
✓ Vice Chancellors of Federal, State and Private Universities in Nigeria;
✓ Resource Resource Persons, Panelists and Facilitators of this Summit;
✓ Members, Nigerian Bar Association Here Present;
✓ All Invited Guests:
✓ Ladies and Gentlemen

I am delighted to have been invited to be a part of this Summit. I thank the President of the Nigerian Bar Association, Mr. Olumide Akpata, for inviting me, and the Proprietor of Afe Babalola University (ABUAD), Aare Afe Babalola, CON, OFR, SAN, and the entire Management of Afe Babalola University, for collaborating with the NBA to deliver this great Summit, and for hosting the Summit.

I especially commend the leadership and membership of the Nigerian Bar Association for putting together a summit of this nature at such an auspicious time, aimed to assist in advancing legal education in Nigeria. As we all are aware, the NBA is a major stakeholder in the legal education project in Nigeria. First, and pursuant to the provisions of section 2(1) (e) and (f) of Legal Education (Consolidation) Act, Cap L10 LFN 2004, the NBA President and 15 other NBA representatives are members of Council of Legal Education. Second, by virtue of Article 3 of the NBA Constitution, 2015, among the major objectives of the Nigerian Bar Association are promotion and advancement of Legal Education, Continuing Legal Education, Advocacy and Jurisprudence, and Promotion of co-operation between the NBA and other National Institutions. Such national institutions include the Council of Legal Education/Nigerian Law School, Universities and institutions engaged in legal education of aspirants to the Nigerian Bar. Third, most, if not all, law students in Nigeria will end up as Legal Practitioners and as such members of the NBA and of the legal profession in Nigeria; all members of the Bar and the Bench were at one time or another law students. By virtue of section 4(1)(a) of the NBA Constitution, all persons called to the Nigerian Bar and duly enrolled at the Supreme Court of Nigeria as legal practitioners are members of the NBA. Accordingly, progress or otherwise in legal education directly impacts the legal profession. Whatever happens in the legal education sector should be of serious interest to the NBA because failure in the former would seriously hinder progress, effectiveness and continued relevance of the latter in the country.

Furthermore, under Rule 11 of the Rules of Professional Conduct for Legal Practitioners in Nigeria, the NBA has some roles to play in the requirement of Mandatory Continuing Legal Education in the profession. Continuing Legal Education is an offshoot of the legal training of aspirants to the bar. Moreover, the NBA President is next to the Attorney-General of the Federation in the leader ship hierarchy of the Nigerian Bar, which comprises former law students, all Law Teachers, heads of the Council of Legal education, the Nigerian law School, the various Law Faculties in Nigeria, the heads of other law legal education training institutions in Nigeria. Finally, the NBA President, in the absence of a substantive Chairman of the Council of Legal Education, acts as the Acting Chairman. There is therefore no doubt that the NBA being s critical stakeholder in the legal education project in Nigeria, has the locus to organise a summit of this nature.

Legal education which comprises in the education of individuals in the principles, practices, and theory of law, is dynamic and all-encompassing, cutting across several jurisdictions, concepts, processes and stages, the overall aim being that of serving society liberally by imparting general and cultural education to law students to make them good law-abiding citizens, as well as instilling in them the significance and relevance of constitutional democratic culture. According to Harvard Law School’s Committee of Legal Education, legal education lays emphasis on training men for the legal profession, and providing centers where scholars might contribute to an understanding of law and government and participate creatively in growth and improvement of law, ethics and governance. To this end, legal education in the 21st century must be one that effectively responds to the economical, technological, and societal shifts that happen at an ever-increasing pace. It must be an education that sets children up to succeed in a world where more than half of the jobs they will have over their careers do not even exist yet (Sara Hallerman, Colon Lewis, and Brad Dresbach). Finally, as recommended by the New Teaching Curriculum in the Nigerian Law School, 21st century legal education in Nigeria is also aimed at producing lawyers who would be in a position to measure up to contemporary benchmarks and international best practices in the legal profession.

I am aware of the efforts so far made by the Council of Legal Education, and the Management and Teachers of the Nigerian Law School, as well as by past and current NBA leaderships towards encouraging a strong partnership between the Bar and the Council of Legal Education/Nigerian Law School in the practical training of aspirants to the Nigerian Bar with a view to meeting the needs of the 21st century. I recognize that a lot of progress has been made in this respect. I salute Law Teachers in the Law School, in the various law faculties and other other institutions that offer legal education in Nigeria. In their individual and collective capacities, Law Teachers in Nigeria have contributed towards the academic, professional and personal development of lawyers and law practice in Nigeria. However, a lot still needs to be done. Legal education needs to continually and consistently develop in order to remain relevant to the needs of a dynamic society. There is need for continuous and concerted efforts by all stakeholders at strengthening existing partnerships and collaboration with a view to improving on the quality of legal education. There is also a need for reorientation in our profession and there is no better place for this to start, than from the foundation, which is our legal education. This is why I consider this summit timely and the theme apt: “Re-Imagining Legal Education In Nigeria”.

Further, with the outbreak of Covid-19 pandemic in 2020, and following the devastating and dislocating aftermaths of the pandemic, diverse opinions on the concept of legal education have emerged. The pandemic stretched its tentacles into diverse facets of life; the educational sector (including legal education) being among the worst-hard-hit; the pandemic exposed many weaknesses of existing systems, processes and procedures in legal education, especially in developing segments of the worlds, of which Nigeria is a part. As a form of response to the upshots of the pandemic, stakeholders in education began to explore new, alternative, and dynamic means of teaching and learning to avoid a repeat of the quagmire the restriction occasioned by Covid-19 had caused the world. The legal education sector, managers and stakeholders have no choice than to begin to explore new concepts, more dynamic, pragmatic and responsive teaching and learning methods and systems, In summary, reform, reinvention and re-imagining has become necessary to enable legal education in Nigeria key fully into what is now regarded all over the world as the “new normal”. In November 2021, the Federal Republic of Ghana held a summit of this nature under the them: “The Future of Legal Education in Ghana” and came up with a communique, which is expected to be followed up with necessary reforms to realise the objectives of the summit.

The above said, a very critical development in the legal education sector which this summit should pay serious and elaborate attention to is the recent development in respect of the Nigerian Law School. It should be noted that the Nigerian Law school currently has seven campuses. However, in an unprecedented move, the Senate of the Federal Republic of Nigeria recently passed a Bill to establish six additional Campuses of Nigerian Law School. The decision of the Senate completely brushed aside opposing/contrary advice and views by the Honourable Attorney-General of the Federation, the Council of Legal Education, Nigerian Law School, the Nigerian Bar Association and other major stakeholders in the legal education sector in Nigeria. The extant law, the Legal Education (Consolidation) Act, in its section 1(2) and section 3 respectively confers on the Council of Lgal Education the “responsibility for the legal education of persons seeking to become members of the legal profession” and for “Continuing Legal Education”. By the combined effect section 2(5) and section 4 of the Act, the Council may “do such things as it considers expedient for the purpose of performing its functions” subject to general directions by the Hon Attorney-General of the Federation. Thus, the dissenting advice and views of the Council, of the Hon AGF, of the NBA and of some other stakeholders were based mainly on the reasonable realisation that establishment of additional Campuses for the Nigerian Law School are better left in the hands of the Council in collaboration with the NLS as administrative matters to be guided by expediency and need, among other factors. The Council of Legal Education, the Management of the Nigerian Law School, among other stakeholders are better -placed to make/take decisions in this respect. There is an adage that “he who wears the shoes knows where it pinches”. Besides, most of the existing seven Campuses of the Law School are in dire need of urgent infrastructure upgrade which on its part requires greater funding from government and stakeholders. It is hoped that these should be principal among what occupies the attention of stakeholders, rather suggestions for establishment of too many additional Campuses (at the same time), some of which may end up being not viable, as a result of paucity of funds and dearth of basic infrastructure. Finally, the Council’s views were guided partly by its belief that increased funding for the Nigerian Law School would bring about the needed upgrade in the Campuses, to adequately serve the need of growing number of aspirants to the Bar seeking admission to the Law School. It is hoped also that this Summit should subject the recent Bill passed by the Senate, among other issues, to rigorous discussions in order to come up with recommendations that would best serve the best interest of legal education, the legal profession, and the Nigerian nation.

At this juncture, it is pertinent to recall that in an effort to improve legal education, especially the practical training of aspirants to the Bar, the Council of Legal Education under the Chairmanship of Hon Justice M.O Onalaja (of blessed memory), had in 2008 constituted a Legal Education Review Committee, headed by Mrs Funke Adekoya, SAN. Other members of the Committee included Prof Yemi Osinbajo SAN (as he then was); Mr. Olisa Agbakoba, SAN; Prof Fidelis Oditah, SAN, QC; Mr. AB. Mahmoud, SAN; Mr. Ernest Ojukwu (then DDG and Head, NLS, Enugu Campus); Mr. Olanrewaju Onadeko (then DDG and Head, NLS, Lagos Campus); Mr. Nasiru Usman (then DDG and Head, NLS, Kano Campus); Prof. I.O Smith (Faculty of Law, UNILAG); Dr. Isa H. Chiroma (then, Dean Law Faculty, UNIMAID) and Mrs. Roli Hariman (then lecturer, Nigerian Law School).

The Committee had called for memoranda from all stakeholders in the legal education project in Nigeria. The Committee considered all memoranda received as well as all presentations made at the Legal Education Summit 2006 which had held in Abuja on March 03, 2006 under the theme:“The Future of Legal Education in Nigeria”. Also considered were reports and recommendations of the “National Committee on the Reform of Legal Education in Nigeria”. The Committee paid a visit several institutions, including the College of Law and the BPP Law School both in London England and the findings aided the work of the Committee (see: Ernest Ojukwu, Legal Education In Nigeria: A Chronicle Of Reforms And Transformation Under Tahir Mamman).

The result of the Committee’s work was positive; the Committee made far-reaching recommendations on reform and improvement of legal education in Nigeria. I am aware that the Committee’s recommendations had led to, among others, the birth in 2008, of a “New Teaching Curriculum” for the Nigerian Law School, a curriculum, which I am told, has been reviewed more than five times, to keep it in tune with developments in law, the legal profession, the legal education sector in Nigeria and across the globe. Thus, tremendous efforts have been made in the past. It is time to build on past and current efforts in order to move legal education to the next level. This Summit present a great opportunity in this respect.

Moreover, the law setting up Council Legal Education needs to be reviewed to reflect current realities and needs of the profession and the sector. To this end, the NBA has presented before the Body of Benchers, a draft Bill on Legal Education in Nigeria in Nigeria, which Bill seeks, inter alia, to create a Council of Legal Education that will be separate from Nigerian Law School and other private Law Schools to be established. It is hoped that this development will be among the matters that will be subjected to thorough and dispassionate examination and debates at this Summit, with a view to proffering recommendations on what is the best-suited for the profession, the sector and the nation, without destroying past and present efforts and achievements, without lowering standards, and without dislocating the fabrics and core values of the profession/sector. It is therefore my hope that deliberations and recommendations of this Summit should proceed on the notion that proposed improvements or reform or re-imaging of legal education in Nigeria can only yield more effective results and quickly if those proposed improvements acknowledge and are founded on past and existing efforts and achievements. Existing structures and achievements will provide a solid foundation to future improvements. We may not have not got to where should be. But, no doubt, we have left where we used to be. However, without continual continual collaboration, sand improvement, such things as growth and progress, achievement, and success have no meaning. I recall the counsel by Henry Ford, founder of the Ford Motor Company: “Coming together is a beginning, staying together is progress, and working together is success.”

In conclusion, let me assure this Summit and all participants that the Council of Legal Education will seriously consider any communique/recommendations emanating from this summit, to ensure that this effort is not in vain.

Thank you, and God bless you abundantly

Signed:
Chief Emeka Ngige, SAN,
Chairman, Council of Legal Education, Nigeria

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EDITOR'S CHOICE
Mar 23, 2022
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Comments Off on LAWYER-ACTIVIST ASK EFCC TO CHECK FLEEING OFFICE HOLDERS

LAWYER-ACTIVIST ASK EFCC TO CHECK FLEEING OFFICE HOLDERS

Fiery lawyer and human rights activist, Mr. Maxwell Opara has urged the Economic and Financial Crimes Commission (EFCC) to issue new practice directions directing former public office holders to obtain clearance before travelling overseas.

In a letter to EFCC Chairman dated March 22, 2022 and made available to CITY LAWYER, Opara stated that “a more critical process should be put in place, through another practice direction or policy,” adding that the new directive would “serve as a deterrent against involvement in financial crimes.”

According to him, “The said policy would establish a framework whereby any elected/appointed public officer, whether enjoying immunity or not, would be required to obtain a letter of clearance from your commission upon the expiration of their tenure in order to travel abroad. This will forestall a situation where those who may be elected or appointed as such, would at the end of their tenure attempt to surreptitiously escape from the country, maybe through the borders, just to evade your commission’s watchful eyes or undermine the use of the watch list afore mentioned.”

March 22, 2022.

The Chairman,
Economic and Financial Crimes Commission
301/3012 Research and Institution Cadastral
District, Jabi, Abuja.

Sir,

RE: URGENT NEED FOR YOUR COMMISSION TO ISSUE A PRACTICE DIRECTION REQUIRING EVERY ELECTED OR APPOINTED PUBLIC OFFICER TO PROCURE A LETTER OF CLEARANCE FROM YOUR COMMISSION BEFORE TRAVELLING OUT OF THE COUNTRY AT THE EXPIRATION OF THE SAID PUBLIC OFFICER’S TENURE.

My name is Maxwell Opara, Esq. I am a Senior Legal Practitioner and a Human Rights Activist. I have over the years used the instrumentality of the Non-governmental organizations that I am associated with to campaign against corruption and bad governance in Nigeria.

Sir, I write in the afore stated capacity to first and foremost express my appreciation to the Economics and Financial Crimes Commission, under your able leadership, for the way and manner the commission’s fight against corruption and financial misappropriation has recorded tremendous successes, more especially in the area of conviction of suspects e.g corrupt political office holders.

However, I understand that a lot of work still needs to be done in order to substantially nip financial misappropriation and corruption in the board. More especially, in the facet of creating discouraging deterrents against elected/appointed public office holders who see the occupation of various public offices as a tool to embezzling public funds for their personal aggrandizement.

I am aware that your commission had devised a practice direction, wherefore elected/appointed public office holders are put on a watch list and incessantly monitored to ensure that as soon as they leave office, more so, the elected office holders that enjoy immunity, the commission can swiftly deploy the charges waiting for them and use same to facilitate their arrest and prosecution for their assorted financial crimes.

The forgoing use of watch list is commendable and has produced tremendous results for the commission in the fight against financial crimes and corruption, nevertheless, I think that a more critical process should be put in place, through another practice direction or policy, which would be made by your humble self, pursuant to your powers under the Economic and Financial Crimes Commission Act, to serve as a deterrent against involvement in financial crimes.

The said policy would establish a framework whereby any elected/appointed public officer, whether enjoying immunity or not, would be required to obtain a letter of clearance from your commission upon the expiration of their tenure in order to travel abroad. This will forestall a situation where those who may be elected or appointed as such, would at the end of their tenure attempt to surreptitiously escape from the country, maybe through the borders, just to evade your commission’s watchful eyes or undermine the use of the watch list afore mentioned.

Sir, the above recommendation is for your kind consideration and I am very ready and available to explain further on my thoughts in respect of same if the arises.

Thank you.

Yours faithfully.

…………………………………….
Maxwell C. Opara Esq. LL.M, Chrt.MC, Notary Public.

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EDITOR'S CHOICE
Mar 07, 2022
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Comments Off on LEKKI, LAGOS LAW FIRM NOW HIRING

LEKKI, LAGOS LAW FIRM NOW HIRING

A reputable law firm based in Lekki Phase 1, Lagos requires urgently the services of:

LEGAL PRACTITIONER with minimum 4 (four) years post-call experience.

The ideal candidate must have 2:2 grade at the Nigerian Law School or University, possess core litigation experience, and should be able to work without supervision.Interested candidates should email legaljobs77@gmail.com.

Please note that only shortlisted applicants will be contacted.

EDITOR'S CHOICE
Feb 23, 2022
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Comments Off on ‘PLAY CRUCIAL ROLES IN NBA, BRANCHES,’ GADZAMA URGES LAWYERS

‘PLAY CRUCIAL ROLES IN NBA, BRANCHES,’ GADZAMA URGES LAWYERS

The Chairman of the Nigerian Bar Association (NBA) Security Agencies Relations Committee, Chief Joe-Kyari Gadzama SAN has urged lawyers to play crucial roles in the growth of the legal profession.

Speaking as a Special Guest of Honour at the February monthly meeting of the Surulere Lawyers’ Forum (SLF), Gadzama who is also the Chairman of the Mentoring Committee of the Body of Benchers for Young Lawyers, urged the members to encourage unity among lawyers.

Below is the statement made available to CITY LAWYER.

Surulere Lawyers’ Forum Elder, Chief J-K GADZAMA, SAN presides over 2022 annual cutting of Valentine Cake.

It was a joyous homecoming for Chief Joe-Kyari Gadzama, SAN when he attended the February monthly meeting of the Surulere Lawyers’ Forum (SLF) on February 16, 2022 as an elder and oldest member of the Forum. Recall that Chief Gadzama, SAN was formerly admitted as a member of SLF last year after the Forum welcomed him with open arms.

It is important to state that SLF whose membership cuts across tribes and tongues in Nigeria was founded in 2006 by its pioneer Chairman, Hon. (Chief) V. U. K. Iyanam (former Attorney-General and Commissioner of Justice, Akwa-Ibom State) and consists of legal practitioners who live and or practice within Surulere. SLF is one of the well-coordinated and organised lawyers’ fora in Nigeria and has been growing in leaps and bounds since its establishment.

In his remarks at the meeting, Chief Gadzama, SAN encouraged members to be united in the pursuit of the goals and objectives of SLF as the Forum can achieve a lot when in unity. He also implored them not to relent in playing their critical roles in the affairs of the Nigerian Bar Association both in Lagos State and at National level. The elder statesman was thereafter invited to coordinate the cutting of cake in celebration of members whose birthdays fall within the month of love.

In attendance with Chief J-K Gadzama, SAN was Mr. Mela Nunghe, SAN, Messrs John Unachukwu Austin Esq, former publicity Secretary of the NBA and Oluniyi Adediji Esq, Partner, J-K Gadzama LLP, Lagos Office.

EDITOR'S CHOICE
Aug 05, 2020
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Leading human rights activist, MR. EBUN-OLU ADEGBORUWA SAN reviews the case of activist-lawyer Emperor Ogbonna and notes that his plight “highlights what the ordinary citizen goes through in the hands of agents of the State”

“Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law.”
– Section 35 (1) Constitution of the Federal Republic of Nigeria, 1999.

After the right to life, the right to personal liberty is taken to be the most important of the all the rights granted under Chapter 4 of the Constitution. Without any shadow of doubt, the right to personal liberty is the one that is most abused, by those who are in power. Many suspects are languishing in various detention centres across the nation, without any hope for justice. It has been established that the majority of inmates in the various Correctional Centres in Nigeria are awaiting trial. It has become so easy for the law enforcement agencies, especially the police, to arrest and detain citizens at random, upon one alleged crime or the other. In some cases, they go beyond crime as the basis for arrest; cases involving civil financial obligations by the tenant are taken to the police by the landlord, and turned into a criminal complaint. Disputes over ownership of land also end up in the police station. In a particular case which I handled, the police officers were demanding for the survey plan of the land in order to determine the true owner thereof!

Gabriel Emperor Ogbonna is a Nigerian lawyer and human rights activist who has been in custody of the police and the DSS for months, despite court orders directing his release. He is based in Aba, Abia State. He has been in detention since March 24, 2020, having been arrested in his office by operatives of the Department of State Security, DSS and armed policemen. He was initially taken to the Abia State Police Command headquarters, where he was confronted with a petition written against him that he published falsehood against the Governor of Abia State to the effect that the latter swore an oath at the Ancient Harashima. He was eventually arraigned before the Magistrate’s Court and remanded in custody. The activist was later charged before the Federal High Court, Umuahia and was admitted to bail by the said court. Mr. Ogbonna perfected the conditions of his bail and was released from the Correctional Centre on April 28, 2020, but he was immediately arrested by the Abia State Director of DSS and thereafter transferred to Abuja. The story line is that the Abia State Government is allegedly behind his travails.

Mr Ogbonna was eventually tried at the Federal High Court, Umuahia in Abia State, wherein the said Court directed the production of Mr. Ogbonna but the order was flouted by the police and DSS, in Suit No. FHC/UM/CR/17/2020. Consequently, the Court, coram D.E. Osiagor, J., dismissed the charge against him and he was accordingly discharged, on June 26, 2020. Notwithstanding the said order, Mr. Ogbonna was not released. Mr. Ogbonna himself filed a civil suit, for the enforcement of his fundamental rights, in Suit No. FHC/UM/CS/40/2020, against the DSS. On June 29, 2020, the Court made the following orders, after taking arguments from counsel to the parties:

“1. That the 1st to 3rd Respondents are hereby ordered to immediately release the Applicant unconditionally or charge him only to a court of competent jurisdiction.
2. That the 1st-3rd Respondents are hereby restrained by themselves or through their agents, servants and privies from further harassing, re-arresting and detaining the Applicant over the facts of this matter.
3. That the 1st-3rd Respondents are hereby ordered to pay the sum of One Million, Five Hundred Thousand Naira Only (N1,500,000:00) as damages for the two months detention of the Applicant without trial.”

From June 29, 2020 when this order was made by the Court, it is well over a month and Emperor Ogbonna is still in the unlawful custody of the DSS. We cannot continue to carry on in this fashion, as if the country has no laws governing its affairs. Government officials, especially members of the Executive arm of government, cannot become so lawless as to totally disregard the orders of a competent court of law, as that will be promoting anarchy and chaos. Section 287 (3) of the Constitution is so very clear on this matter:

“287 (3). The decisions of the Federal High Court, National Industrial Court, a High Court and of all other Courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other Courts of law with subordinate jurisdiction to that of the Federal High Court, National Industrial Court, a High Court and those other Courts, respectively.”

There should be no further assurance required by the DSS for the release of Emperor Ogbonna other than the orders of the Federal High Court, Umuahia, reproduced above. Whereas it is proper and desirable for law enforcement agencies to do their best to investigate, detect and prosecute crimes, for the good of society, once the court has intervened however, by way of granting an order for the release of a citizen, then such an order must be respected and must not be subverted through devious means or by subterfuge. There is no other way to describe the conduct of the DSS in keeping Emperor Ogbonna in its custody after the Court has ordered his unconditional release other than plain dictatorship and executive brigandage. When we get to the stage whereby citizens beg the government to obey court orders and to respect the rule of law, then you know that lawlessness has taken its ugly root.

Not long ago, the President signed Executive Order No.10, wherein he granted autonomy to the judiciary. It is thus improper to claim to grant autonomy to the judiciary with one hand and then take it away with another through wilful disobedience of Court orders. I call upon the President to call the Director of DSS to order, in order to avoid another scenario of what happened in the case of Omoyele Sowore. Emperor Ogbonna’s attention is needed by his pregnant wife, he also has a precarious medical history, having suffered gunshot wounds from an attempted assassination upon his life in the past. With the health challenges posed by the Coronavirus pandemic, this is not the time to embark upon indiscriminate arrest and detention of citizens. Indeed, the government only recently directed that the Correctional Centres be decongested. The DSS must obey the order of court by releasing Emperor Ogbonna unconditionally and if there be any further allegations against him, he should be charged to court, in line with the requirements of the Constitution. Surely two wrongs cannot make anything right. There is no separate court established by law for the DSS and no trial can take place in the office of the Director of DSS. Thus, if the Court established by law says Emperor Ogbonna should be released, then he has to be released. This point cannot be negotiated at all.

All law enforcement agencies, including even the military, must willingly submit themselves to civilian authority, as we are not under military rule in Nigeria presently. The Courts were created under section 6 of the Constitution to adjudicate in disputes between persons and persons and between persons and the government. The criminal charge preferred against Emperor Ogbonna by the State has since been dismissed by the Court. In addition, the Court ordered that he should not be arrested or detained upon the same facts leading to his discharge. So, the question that the DSS must answer is whether whilst he has been in unlawful custody, Emperor Ogbonna has committed another offence to warrant his continued detention or even a fresh trial? The answer of course is a capital NO, which simply means that his current detention is illegal and a total disrespect to the authority and integrity of the court.

The plight of Emperor Ogbonna only highlights what the ordinary citizen goes through in the hands of agents of the State, as if a lawyer and an activist, who is well learned, conscious of his rights and privileges, is facing such persecution and hardship, then one can best imagine what the common man goes through, in all the police stations and other detention centres across Nigeria. This is why the struggle for the freedom of Emperor Ogbonna is one that must be undertaken by every lover of justice and human rights. The freedom and liberty of any individual should not be the subject of any oppressive negotiation with the State, in order to compel the citizen to abandon his avowed beliefs and principles.

Good enough that this is coming on the heels of the election of new national officers for the Nigerian Bar Association. It is a litmus test for the new NBA Exco to take the bull by the horn and mobilize lawyers and Nigerians to free Emperor Ogbonna. It will be a good baptism of fire, for the new NBA Exco to confront the DSS and insist on respect for the rule of law and obedience to the orders of the Courts in this and all other cases. It should not be possible ever again, for any lawyer or other citizen, to be kept in unlawful custody simply because he is considered to be in the opposition or has views which are intolerable to those who are in power. This has to stop.
The President cannot sit on the fence in this matter, as the DSS and indeed all other security agencies report directly to him. It is important that the President intervenes urgently to direct immediate compliance with the order of court for the release of Emperor Ogbonna. On a number of occasions the President has stated his preference for the rule of law, so this presents a good opportunity for him to put to practice, that which he preaches often. Let Ogbonna be released, immediately and unconditionally, as directed by the Court.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag 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.

EDITOR'S CHOICE
Jul 30, 2020
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ECNBA SAYS 13,000 VOTERS HAVE CAST BALLOTS

The Electoral Committee of the Nigerian Bar Association (ECNBA) has stated that over 13,000 lawyers have voted in the ongoing NBA National Officers Election, even as the electoral umpire is worried that many eligible voters may not receive their voting links due to telecommunication challenges.

Below is the full text of the ECNBA statement:

The ECNBA can confirm that over 13,000 individuals have voted in the ongoing NBA National Officers elections so far.

The ECNBA however clarifies that, Notices observed on the live voting platform as undeliverable can be attributable to any of the following 5 reasons:

Voter has an inactive Phone Number
Voter has invalid Phone Number (does not exist or is too short or too long)
Voter has invalid Email Address (Wrongly spelt and does not exist OR their Domain has expired)
Spam Filter on Voter’s email blocking direct delivery of emails. Voter can check Spam folder.
DND is active on Voter’s phone and the message has been blocked by Telecommunication company.

To deactivate DND take the following action:

9mobile (Etisalat) numbers, Text START to 2442.
MTN numbers, Text ALLOW to 2442.
Glo numbers, Text CANCEL to 2442.
Airtel numbers, Text ALLOW to 2442.

Note also that the election server makes 5 attempts to deliver to each phone number/email and all those failed attempts are reflected as undeliverable. A subsequent attempt could still be successful if the challenge is resolved.

The ECNBA can confirm at the last check that at least 1,886 individuals of the Undeliverable Notices displayed on the live monitoring platform have since voted, because they got the message through one of the two channels used – Email or SMS. The committee also confirms that messages have been sent using local networks to up to 8,000 numbers with active DND advising them to deactivate same.

Voters yet to view the election link through their email or SMS, are advised to ensure that DND is deactivated on their phones and check Spam folder in their emails.

The ECNBA continues to monitor and troubleshoot and will provide updates as necessary and required.

The ECNBA election hotline 070055552020 is still available for support to voters.

Dated this 30th day of July, 2020

Cordelia U. Eke(Mrs.)

Secretary, ECNBA

EDITOR'S CHOICE
Jul 28, 2020
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‘WE MUST PROTECT, PROJECT RULE OF LAW,’ – ALEX MUOKA

The Rule of Law is sacrosanct in any democratic Society. Consequently, it must be protected and projected at all times. The entrenchment of the Rule of Law in Nigeria is in our interest because the Law and legal practitioners can only thrive where the Rule of Law thrives.

It is instructive that the motto of the Nigerian Bar Association is “Promoting the Rule of Law”. In line with this, the very first aim and objective of our great Association is the “Maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria”, and many of the other objects speak to the role of the Association in promoting the efficient administration of justice, law reform, legal aid and access to courts, and respect for fundamental rights.

The NBA is widely regarded as the premier non-state actor in the constant battle for the promotion of the rule of law, and it is important in 2020 to put forward a bar leadership that will help to restore our pride of place as ‘the bastion of hope for the common man’. I propose to ensure this by working with the NBA President, national officers and other stakeholders to:

a) Ensure that the Rule of Law is upheld by State actors;

b) Champion public interest litigation to protect the rights of citizens and members from abuse;

c) Support the advocacy for implementation of fiscal independence for the Nigeria judiciary;

d) Liaise with the judiciary and offer support to facilitate the efficient administration of justice in Nigeria;

e) Sensitize lawyers and the general public by organizing workshops, conferences and summits on human rights and the rule of law;

f) Offer leadership and a focal rallying point to all Nigerians and relevant institutions in defending and expanding the frontiers of the Rule of Law;

g) Strengthen the Pro Bono and legal aid programmes of the NBA to make their impact felt (especially) by indigent members of the society; and

h) Propose a “legislative desk” for the NBA at the National Assembly which shall be saddled with the task of legislative advocacy, monitoring and liaising with the law makers in the task of enacting laws.

The NBA must live up to its name and reputation, and I will like to play my part. If you elect me as General Secretary of the NBA, I Pledge to serve with the passion, integrity and efficiency for which I am well known, and to pursue this and five (5) other Core Pursuits which I have elaborated on in MY MANIFESTO to deliver a ‘Fit For Purpose’ Bar Secretariat. My Profile and Manifesto have been uploaded by the ECNBA and can be viewed at (or downloaded from) https://nigerianbar.org.ng/node/257.

I will place my time, energy, talents, experience and resources at the disposal of the Bar for the next two years, and offer the kind of premium stewardship which the Bar definitely needs at this time. The Bar needs a great scribe. I have been tried, tested and adjudged to be one.

I seek your mandate. Let’s do this together.

Alexander Nduka MUOKA
Candidate for General Secretary of the NBA

EDITOR'S CHOICE
Jul 28, 2020
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ELECTION: BRANCHES BACK OHAGBA AS NBA SCRIBE

The political fortunes of consummate Bar-man and former Nigerian Bar Association (NBA) Assistant General Secretary, Mr. Okey Ohagba has received a major boost with his endorsement by the eight branches in Rivers State.

Rising from a stakeholders meeting last Wednesday, the Bar Leaders unanimously declared support for the candidacy of Ohagba for the office of NBA General Secretary in the forthcoming NBA General Elections.

Among the Bar Leaders who attended the meeting are Branch Chairmen and Secretaries as well as past Chairmen and Secretaries of all the NBA branches in Rivers State

A statement by the Chairman of NBA Ahoada Branch, Mr. Agent Benjamin Ihua-Maduenyi on behalf of chairmen of NBA Branches in Rivers State, read: “The meeting called on all members from the eight (8) NBA branches in Rivers State to leverage on the extended verification deadline, get verified and vote en masse for Okey Leo Ohagba as the next General Secretary of NBA in the coming elections.”

Ohagba is reputed as “a passionate member of the Nigerian Bar Association and a very committed member of Port-Harcourt Branch.” He was admitted to the Nigerian Bar in November, 2007.

“With a burning passion for litigation, Okey turned down a juicy corporate employment offer from a reputable Nigerian bank and started his legal practice career in the firm of N. H. AJIE & CO. of Portharcourt in 2008 and in 2012 he established O. L. OHAGBA and Company, a commercial litigation and ADR consultancy firm, wherein he remains the principal partner till date.

“In his quest for a broadened knowledge of the law and expertise, Okey had prior to his legal practice career, obtained a certificate of proficiency in Alternative Dispute Resolution (ADR) after an intensive professional course at the Settlement House Abuja. Thereafter he was awarded the title of Professional Negotiator and Mediator (pnm). He is also a certified member of the Institute of Chartered Mediators and Conciliators (ICMC) as a Chartered Mediator and Conciliator (ChMC).

“Okey Ohagba, a pioneer alumnus of Madonna University, is a quintessential Bar man, a creative thinker, always eager to achieve excellence in every assignment.

“As National Secretary of NBA Young Lawyers’ Forum, Ohagba displayed exceptional competence, capacity and professionalism in the discharge of his duties while he steered the YLF Secretariat. He developed a comprehensive database of young lawyers at the time. He reinvigorated the YLF section of the NBA website and kept it up to speed throughout his tenure. He was the Chairman of the Summit Planning Committee that organized the ‘Portharcourt 2013′ NBA-YLF National Summit; which event was widely adjudged the best Summit in the YLF history due to his organisational prowess and elegance in service delivery. Same skills he exhibited when he organized perfect YLF Sessions at both Calabar and Owerri NBA AGCs 2013 and 2014 respectively. With the joint efforts of other Council Members, he midwifed the establishment of Young Lawyers’ Forums across over 70% of NBA branches nationwide.

“His culture of service excellence and intuitive passion for innovation became more prominent when he served as NBA Representative on the Board of Corporate Affairs Commission (CAC); during which period, with the support of the board, he practically championed the drive for the implementation of the present day CAC-ONLINE (A full automation of CAC incorporation processes). His passion for innovation, aided the digitization of the Commission’s system. He reawakened the Commission’s interest in the age partnership with NBA at Annual General Conferences starting with the Calabar, Owerri and Abuja Conferences, 2013, 2014 and 2015 respectively.

“As Chairman of sports subcommittee for the NBA AGC Owerri 2014, Okey, in his usual innovative thinking, saw the need to introduce some pecuniary rewards to winners of the tournament in order to subsidise branch expenses and increase participatory interest in the tournaments. His proposal was approved by the then NBA President, and for the first time in NBA history, winners of the football tournament received N500, 000 (Five Hundred Thousand Naira) cash prize from the NBA. 2nd and 3rd place winners also got cash prizes accordingly.

“As NBA First Assistant Secretary, 2016 to 2018, Okey Ohagba once again demonstrated capacity and service excellence when, upon the direction of the General Secretary, he delivered ‘error proof’ minutes at nearly all NBA National Executive Committee Meetings and facilitated for the first time, electronic mailing of Minutes and NEC Bundles prior to NEC Meetings, thereby affording NEC Members ample opportunity to read, digest the minutes and participate more robustly at NEC Meetings.”

EDITOR'S CHOICE
Jul 26, 2020
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ADEGBORUWA OKAYS ADESINA, AJIBADE, AKPATA FOR NBA PRESIDENCY

Firebrand human rights activist, Mr. Ebun-Olu Adegboruwa SAN has declared that the three presidential candidates in the race for the coveted NBA Presidency are qualified to mount the saddle.

In a statement released today titled “NBA ELECTIONS 2020,” the prominent senior lawyer therefore urged eligible voters to vote “purely in the fear of God and according to your conscience.”

The statement reads:

NBA ELECTIONS 2020

Dear learned colleagues,

As we approach the final lap of the 2020 elections of the Nigerian Bar Association, I wish to make the following statements.

In alphabetical order with no specific preference,

I ENDORSE

ADESINA DELE, SAN:

He has SERVED the legal profession MERITORIOUSLY, as Chairman of NBA, Ikeja Branch and as General Secretary, NBA, at the national office.

I ENDORSE

AJIBADE BABATUNDE, SAN:

He has SERVED the legal profession CREDITABLY, in seeking fundamental reforms in justice administration, through The Justice Reform Project and also in helping to raise leaders for the Bar, through the Legal Practitioners Privileges Committee.

I ENDORSE

AKPATA OLUMIDE:

He has SERVED the legal profession SELFLESSLY, through the Section on Business Law and also in various other capacities, through the Conference Planning Committees.

They all have many more positive attributes, which I may not have stated. Any of these three, is qualified to lead the Bar, if voted in as President of the NBA, in any free, fair, peaceful and credible contest.

I therefore urge you to VOTE for ANY of these three candidates, purely in the fear of God and according to your conscience.

God bless Nigerian Bar Association
God bless Nigeria.

Ebun-Olu Adegboruwa, SAN
Lekki, Lagos.
26/07/2020

EDITOR'S CHOICE
Jul 24, 2020
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ECNBA VERIFICATION VIDEO GOES VIRAL

The Electoral Committee of the Nigerian Bar Association (ECNBA) has released a video to enlighten eligible voters on how to engage in the verification exercise.

The 2:22 minutes long video outlines the step-by-step procedure required to complete the verification exercise on the NBA website.

It is recalled that the electoral committee had in its latest statement on the forthcoming NBA Elections extended the deadline for verification from July 20, 2020 to July 26, 2020, apparently in a bid to ensure that eligible voters are not disenfranchised due to their inability to verify. https://nigerianbar.org.ng/ecnba-statement-n015

The statement reads:

EXTENSION OF VERIFICATION EXERCISE

The ECNBA has observed that in the wake of the publication of its Statement No.14 extending the date of verification of Voters, there has been a huge increase in the number of Lawyers seeking to carry out their verification on the NBA Portal. The ECNBA has therefore decided to give a further extension of the date for verification of Voters.

The deadline for verification of Voters is now extended to 6.00PM on Sunday 26th July 2020. Eligible Voters are advised to take advantage of this further extension to get verified. Previously verified voters are required to log in to their portals and update their information, especially their contact details to ensure they have smooth access to the portal and are able to receive important information pertaining to the Voting exercise.

The NBA Help desks are still available to provide support for the verification exercise for those who require same.

Thank you all for your continued cooperation.

Dated this 20th day of July 2020.

Cordelia U. Eke (Mrs.)
Secretary, ECNBA

EDITOR'S CHOICE
Jul 20, 2020
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HOW YOUNG LAWYERS CAN SURVIVE AND THRIVE, BY UDEMEZUE

In this paper presented at the FAMA FIRM virtual conference on “Contemporary issues facing the welfare of young lawyers in Nigeria and possible solutions” by fiery Law Teacher, SYLVESTER UDEMEZUE, he strives to plot a roadmap for Nigeria’s young lawyers on how to surmount the myriad of challenges besetting them in the legal services industry.

NIGERIAN YOUNG LAWYERS, THEIR MANY CHALLENGES, AND THE WAY OUT OF THE DOLDRUMS

At the FAMA FIRM’s LAW WEBINAR where the problems and welfare of the Nigerian young lawyer took the Centre stage, I (as a one of the main speakers) tried to identify some of the problems facing the young lawyer in Nigeria, and I made efforts to also advance some recommendations on the way out of the doldrums, in the best interest of young lawyers and the law profession.

For the many challenges the young lawyer faces in Nigeria, I respectfully held the following people and organizations blameful/responsible (each to a certain degree):

1. The Young Lawyer himself/Herself— Lack of proper orientation on the things that really matter within and outside the profession; obsession with inane materialism; excessive greed; acute impatience; lack of proper commitment and self-preparation; low self-development efforts; poor reading culture; obsession with negative comparison; lack of objectiveness in decision-making during Bar elections which leads, sometimes, to enthronement of wrong leaders; failure or refusal to cooperate with, or support incumbent Bar leaderships at all levels; mentality of over-dependence on others (looking for apple instead of focusing on learning how to pluck the apples yourself); improper packaging (your packaging determines the level of treatment you get from others); improper focus on money instead of work which is what would eventually yield you greater dividends; excessive desperation; lack of humility; engagement in delinquent behaviors; distorted and disjointed attitude to life and value system, selfishness and egoism, etc.

2. The Society in which the young lawyer has found himself/herself — bad and corrupt governance, gullible and docile followership, degraded society, poor economy, social dislocation, low support infrastructure, etc.

3. Successive leadership of the Bar Association over the years — failure of NBA leaderships to work hard to stop/reduce incessant encroachment into the legal practice space by non-lawyers; failure to initiate necessary legal reforms that would ensure expansion of the employment base for legal practitioners in order to create more employment and make lawyers more relevant to society (most lawyers look for work only in law firms thereby creating more pressure and are subjected to undue exploitation, harassment, and poor treatment, etc: law firms would appreciate and pay lawyers more (to discourage them from leaving) if the firms see fewer lawyers to employ); NBA has not focused on the real needs of the young lawyer (trying to fix a minimum wage for privately-owned Law firms is mere pursuit of the impossible; come off it and focus on the realizable, more beneficial things); segregation and division within the various segments of the profession lead to acrimony and lack of proper focus; NBA and its members give very little support to legal education institutions in Nigeria; failure to secure a better deal for lawyers in the society, compared to members of other professions (medical profession has a better deal because their leadership had worked for it), NBA has not created proper avenues for robust engagement and deliberations on the challenges facing the young lawyer and the profession in general (except in few instances, the periods and sessions during NBA Annual Conferences are usually entirely dissipated/wasted on discussing matters that have little or NO relevance to the welfare and promotion of lawyers, the legal profession and the young lawyers in particular; we won’t know how to solve our problems if we don’t have proper avenues of identifying and and discussing them comprehensively); etc

4. Employers of (Law) Labour — sexual and other harassment by bosses due partly to desperation and improper conduct (dressing, etc) on the part of young lawyers, and also due to the randy nature of some employers; undue exploitation by employers; improper/inadequate remuneration and welfare packages for employees; unconducive work environment; lack of proper involvement, engagement, poor employer leadership examples, poor employee-motivation etc.

5. Our Learned Senior Colleagues — incessant intimidation and bullying of young lawyers which tend to put the young lawyers off, discourage them and sometimes frustrate them out of the profession; most of our seniors don’t lead by good example, most seniors don’t provide proper support and encouragement to juniors, selfishness by seniors, etc.

6. Educational Institutions—- starting from secondary schools and universities, we need to take education of our youth much more seriously; Council of Legal Education (CLE) should tighten the noose on Law Faculties to force them to re-double their efforts at training lawyers; Guidance and Counseling should be made a necessary part of the curriculum both at the secondary and university level, and indeed all levels, etc.

7. Regulatory Institutions within the legal profession— each regulator hardly lives up to its responsibilities and the expectations of lawyers generally , inefficiency and corruptions, nepotism, little or no partnership among core regulators, etc.

8. Individual Luck: Not everyone would be rich or well-to-do; if you try to be faster than your shadow, you may crash. Hard work is a condition precedent to success; but not everyone who works hard that must succeed. Accordingly, while you work hard to be the best, try and make allowance for some failure or ill-luck because you don’t know what the future holds in store for you. Hope and work for the best, but be prepared for the worst, sometimes; life might not be a bed of roses; challenges are a part of life. Our destinies aren’t the same. Learn how to approach failure and delays. Some were born great; some have greatness foisted upon them; but some must work very hard to achieve greatness. Yet, there are others who spent an entire lifetime working for greatness, but unsuccessfully; such is life. If you lose sight of this fact, you may miss your steps.

9. Parents and Guardians: not everyone is cut out to be a lawyer; some force their children or wards on the profession; let parents subject their children and wards for proper guidance and counseling before allowing them to study law. Don’t push your child to study law; let the decision be wholly voluntary, based on proper counseling. Some lawyers HAVE NO BUSINESS coming into the profession. They just can’t cope, however anyone tries to help them. They’re square pegs in round holes; Legal Missorts!

10. Poor Justice Administration System: corrupting, ineptitude and especially chronic delays in justice dispensation in Nigeria are a great source of frustration and discouragement for the young lawyers.
➖➖➖➖

I proffered a number of solutions, which are contained in my paper (to be shared shortly). I then concluded: the solution to the young lawyer’s problems must begin (but not end) with the young lawyer himself/herself: an altogether new mode of thinking; improved reading culture; hard work; more commitment to the profession and work; patience; selflessness; radical reorientation; eschew materialism and negative comparative analysis; the dependence-mentality; focus all your energy on work, not money, and money will come; proper self-packaging (you don’t need much money to properly package/market yourself; but you need proper packaging to get the money you need, and to make it in the profession); develop the attitude of selfless service (how you serve others determines how far you can go in the profession); personal development; networking; flee from all forms of evil because KARMA and RETRIBUTION are REAL; stay away from money politics during bar elections so you can get the right leadership,; support every incumbent NBA leadership (even if your candidate during elections lost/loses the election (it a civic responsibility), etc.

As I have said, I will make my paper available for public consumption and to continue the discussion.

Respectfully,
Sylvester Udemezue (udems)

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag 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.

EDITOR'S CHOICE
Jul 12, 2020
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Comments Off on IBA YOUNG LAWYER SURVEY KICKS OFF

IBA YOUNG LAWYER SURVEY KICKS OFF

The International Bar Association (IBA) is conducting a survey to gauge the interests of lawyers globally.

Endorsing the survey, IBA President Horacio Bernardes Neto said:

“The Legal Policy and Research Unit are working with the Young Lawyers’ Committee (YLC) on a research project focusing on the interests of young lawyers around the world.

‘The survey forms part of the YLC’s ongoing work of identifying, discussing and promoting issues involving young lawyers across the global legal profession. Young lawyers are the future leaders of the legal profession, therefore it is in all of our best interests that talented individuals stay working in the law to contribute to its advancement, reform and championing of the rule of law. What young lawyers experience and how their interests are managed will undoubtedly affect their future at their workplace, the legal sector in which they work and the legal profession more generally.

“I wholeheartedly encourage your contribution to this anonymous survey.”

In an announcement heralding the survey, the global lawyers’ association said: “The survey has been created to gather data on the collective interests, priorities and concerns of young lawyers (those aged 40 and under for the purposes of this survey). We hope to use this data, and any trends that may appear, to generate dialogue between young lawyers and the current leaders of the legal profession, and encourage positive changes (where necessary). We also hope to produce a publication at the conclusion of the survey, depending on the trends that may appear.

“The survey is available to both IBA members and non-members, and can be completed in English or Spanish. If you are a lawyer aged 40 or under, your participation in our survey will be greatly appreciated.”

To participate, click here.

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EDITOR'S CHOICE
Jul 07, 2020
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‘SANship NO LONGER MARK OF LEGAL EXCELLENCE,’ SAYS ADEGBORUWA

By Ebun-Olu Adegboruwa, SAN

In this article, leading human rights activist, EBUN-OLU ADEGBORUWA, SAN argues that while the process leading to award of SAN title is increasingly meritorious, the rank is no longer the ultimate barometer for measuring legal excellence

On July 4, 2019, the Legal Practitioners Privileges Committee, LPPC, rolled out the names of thirty-eight legal practitioners deserving to be conferred with the prestigious Rank of Senior Advocate of Nigeria, SAN. How some despise the Rank! Some don’t want it ever mentioned near them at all, for several reasons. I used to be in that class, given my background, as an activist. Not long after setting up my law practice, a friend approached me for what he termed a ‘private chat’. According to him, he had followed me keenly right from my days in Gani Fawehinmi Chambers and he was convinced of my sterling qualities, experience and standing, all of which should qualify me to be admitted into the Inner Bar, as he called it. I laughed so loudly, to the point of his embarrassment. I had just moved my law office to the NIPOST building then, following the fire disaster that I and many others suffered at LAPAL House. I took him round the expansive office, showed him my library to see the books, the litigation office and other facilities. I then asked him to tell me what he thinks that SANs have that I don’t have. All his pleas to me didn’t impress me at all, as I dismissed the process as riddled with mystery and corruption. Perhaps I was right or wrong then, I can’t say exactly, the point being that I didn’t think of such ‘distraction’ for what I considered to be a successful practice. This is the view of many lawyers and indeed many Nigerians, which is why the focus of this piece is in ‘defence’ of the Rank.

Like so many other colleagues, I never read through the aspect of the Legal Practitioner’s Act dealing with the conferment of the Rank of SAN and I didn’t bother to go through the guidelines established by the LPPC, for the Rank. And that indeed should be the starting point here, the issue to resolve being the meaning and definition of a Senior Advocate of Nigeria. The life and power of an SAN all start and end with section 5 of the Legal Practitioner’s Act of 1974, wherein it is provided as follows:

“5. (1) Subject to subsection (2) of this section, the Legal Practitioner’s Privileges Committee established under subsection (3) of this section may by instrument confer on a legal practitioner the Rank of Senior Advocate of Nigeria.
(2) A person shall not be conferred with the Rank of Senior Advocate of Nigeria unless he has been qualified to practice as a legal practitioner in Nigeria for not less than ten years and has achieved distinction in the legal profession in such manner as the Committee may, from time to time, determine.”

It is stated further that the LPPC shall consist of the Chief Justice of Nigeria as Chairman, the Attorney-General of the Federation, one Justice of the Supreme Court, the President of the Court of Appeal, five of the Chief Judges of the States, the Chief Judge of the Federal High Court and five legal practitioners who are Senior Advocates of Nigeria. The LPPC is further empowered to make rules as to the privileges to be accorded to Senior Advocates of Nigeria. Two things should immediately come to mind from the foregoing provisions; first is that the Rank of SAN is conferred as a privilege and second, it is normally the privilege of the LPPC, following its own guidelines. On April 3 1974, the first set of SANs were duly conferred, being Chief F.R.A. Williams, SAN and Dr. N.B. Graham-Douglas, SAN. The conferment has proceeded yearly, since then. The point of this background information is to buttress the fact that the Rank of SAN is established by law. The LPPC has over the years, developed its own structure, by amending its guidelines for the conferment of the Rank, based upon the robust engagements of its own members, stakeholders within the legal profession and indeed members of the public.

As at the time that I applied for the Rank, the guidelines set for the award of the Rank by the LPPC expressed the threesome purpose of the award as a privilege awarded as a mark of excellence to members of the legal profession who are in full time legal practice, who have distinguished themselves as advocates and who have made significant contribution to the development of the legal profession in Nigeria. The process of the award is largely independent, self-financing and strictly confidential. The LPPC is required to fix the number of persons to be conferred with the Rank in order to maintain the highest standard of excellence and prestige of the Rank, to adopt transparency and a feedback mechanism for the assessment of candidates. The award has since been extended to legal practitioners in the academic community. Whereas there may have been some challenges with this process in times past, a lot of efforts have been put in place presently, to ensure that those who qualify for the award of the Rank meet certain minimum conditions, such that in the past five years or more, you could hardly point to anyone awarded the Rank that has not distinguished himself or herself in the legal profession. One of the things that excited me in the course of my own journey is the fact that the LPPC has now adopted a gender-friendly process to encourage female applicants, such that virtually every year, female legal practitioners have been screened successfully.

The good news in this process for every advocate is the place of merit in the basic criteria for eligibility for the award of the Rank, which is meant to encourage core advocates. Under and by virtue of Paragraph 14 of the LPPC guidelines, an applicant must submit the following cases wherein his name is reflected as having duly conducted the said cases in court as lead counsel:

(i) 20 final judgments of the High Court or Superior Court of Records, 12 of which must be trial proceedings substantially conducted by the applicant;
(ii) 5 final judgments of the Court of Appeal; and
(iii) 4 final judgments of the Supreme Court.
(iv) These cases must have been conducted within ten years preceding the application, in order to show that the applicant is currently engaged in full time legal practice and is abreast with current developments in the field of law.
(v) Three of the cases must be pro bono cases conducted for indigent citizens who could not otherwise afford the financial cost of engaging a counsel.

Some additional requirements of these new guidelines is that the candidate must show that he or she was personally involved in the conduct of these cases by signing the originating processes, the written addresses, the notices of appeal, the briefs of argument, the charge/information sheet, no case submission, etc. In the trial proceedings, the applicant must furnish the certified true copies of the record of proceedings to show his or her personal conduct of the trial, furnish a letter of instruction from the client, the recommendation and confirmation of the Judge that handled the case and the recommendation and confirmation of the opposing counsel in the case! The point of my defence of the Rank here is that if the LPPC is able to keep to these guidelines (which it has so far done), then you would hardly see a name on the list of SANs every year that will not merit the Rank. No matter his background or experience, for a lawyer to produce 20 final judgments of the High Court is not a tea party, that is if you know what I know as a practicing lawyer, in Lagos State for instance. Anyone who has successfully conducted twelve trial proceedings up to judgment is not just qualified to be a Senior Advocate of Nigeria but can also be a Judge. Believe me, it is no child’s play to secure five final judgments of the Court of Appeal or four final judgments of the Supreme Court. What the LPPC has done is to stick to these minimum standards, irrespective of your status. This is in addition to a well-equipped library, functional infrastructure in the law office, payment of tax, involvement in and recommendation by the Nigerian Bar Association, Judges, Justices, Body of Senior Advocates, Body of Benchers, the LPDC, etc. This same rigorous process is also entrenched for candidates in the academic category, who go through a very detailed regime of qualification and filtration.

The involvement of the general public in this process has guaranteed some form of transparency, whereby the names of shortlisted candidates are published to the whole world for comments and assessment. Selected members of the LPPC undertake physical inspection of the chambers of all the shortlisted candidates. The final process is the oral interview by the LPPC, comprising panels of eminent Judges and Senior Advocates of Nigeria. For me personally, any legal practitioner who has gone through these rigid procedures to be shortlisted for the oral interview of the LPPC is eminently qualified to be awarded the Rank of SAN, as a mark of distinction and excellence in the legal profession. Emphasis is placed on integrity, opinions of Justices/Judges, general knowledge of law, contribution to the development of law, leadership qualities in the profession and qualities of law office/library, for the award of the Rank. The undisputed fact that an applicant MUST meet the basic guidelines to be shortlisted at all, is a huge credit to the LPPC, headed by the Chief Justice of the Federation. My point is that you cannot buy trial proceedings or forge certified true copies of record of trial proceedings, buy the final judgment and also buy the recommendation of the Judge that delivered the judgment. These are empirical matters that have to be confirmed by the opposing counsel in the case.

I think the general challenge is what advocates do with the Rank after the award. Like never before, a huge responsibility is imposed on SANs, to show distinction, excellence, leadership and to be role models, not just for the legal profession, but also as officers of the Federal Republic of Nigeria, being a Rank approved by law duly published in the official gazette. I do not think the Rank confers any special advantage on any advocate who has no viable practice. On the other hand, one incurs a huge liability to be conferred with the Rank without a viable means of its propagation. The world has changed tremendously from the days of yore; legal practice has gone digital and except we deceive ourselves, the mark of excellence in legal practice is not a matter of title or Rank, but by dint of hard work, loyalty, fear of God and personal commitment to a better society, whether as Senior Advocate of Nigeria or as counsel.

EDITOR'S CHOICE
Jun 17, 2020
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Comments Off on ‘WHY I DID NOT APPEAL MY DISQUALIFICATION BY ECNBA,’ – ASPIRANT

‘WHY I DID NOT APPEAL MY DISQUALIFICATION BY ECNBA,’ – ASPIRANT

BY EMEKA NWADIOKE

One of the aspirants for the forthcoming Nigerian Bar Association (NBA) National Elections has told CITY LAWYER that he did not contest his disqualification by the Electoral Committee of the NBA (ECNBA) for “personal reasons.”

According to Mr. Echika Ejido, immediate past Provost of the factional NBA Abuja Branch, though he filed to contest for the post of Assistant Publicity Secretary, he did not appeal the decision of the electoral committee which cut short his political ambition.

The ECNBA had granted “provisional clearance” to 24 aspirants while disqualifying 19 others. The disqualified aspirants had till 4 pm yesterday to appeal the ECNBA decisions.

He is perhaps the second aspirant that has resigned himself to fate, even as Nigerian Bar Association, NBA Katsina Branch, Mr. Abdulgaffar Alhaji Ahmed may have also decided to tow the same line.

In an interview with CITY LAWYER, Ejido said: “I submitted form for the post of Assistant Publicity Secretary. I was disqualified on the basis that the two years at Branch EXCO is counted in days, and nominations closed on 29th May, 2020 while my two years tenure as Branch EXCO member ended 2 weeks later on June 11. So, I don’t have the required two years branch EXCO qualifying requirement.”

Arguing that his disqualification “is contestable,” Ejido said: “I won’t challenge my disqualification. I have decided not to contest same for personal reasons.”

Quite popular especially in Abuja Bar circles, Ejido sensationally left the Ezenwa Anumnu-led faction of the branch to pitch tent with the rival Abimbola Kayode faction.

Ahmed had also indicated he may have resigned himself to fate, following his disqualification. An aspirant to the post of Second Vice President, Ahmed had while reacting to his disqualification by the ECNBA said: “I thank all my supporters near and far. Thank you so much for being here. This is not the outcome we wanted or we worked for, and I’m sorry we did not make it to the election race for the values we share and the vision we hold for our beloved bar.”

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.

EDITOR'S CHOICE
Apr 21, 2020
3
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.

EDITOR'S CHOICE
Mar 19, 2019
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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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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.

EDITOR'S CHOICE
Jan 08, 2019
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0

‘REMEMBERING CHIEF F. O. AKINRELE,’ BY ALEX MUOKA

Legal icon, Chief Frank Odunayo Akinrele died recently. He was aged 88 years. A Senior Advocate of Nigeria for about 38 years, Chief Akinrele practiced law for over 60 years. Continue Reading

EDITOR'S CHOICE
Dec 07, 2018
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NBA LAGOS SET TO MARK HUMAN RIGHTS DAY

The Nigerian Bar Association (NBA), Lagos Branch has lined up several programmes to celebrate this year’s International Human Rights Day. Continue Reading

EDITOR'S CHOICE
Sep 20, 2018
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UNN Bar Journal Sets October 21 Deadline

The Editorial Board of the University of Nigeria Bar Journal has set an October 21, 2018 deadline for all entries for the journal. Continue Reading

BAR

• FAR-REACHING REFORMS, TOUGH SANCTIONS IMMINENT

* BOSAN, NALT MAY GET SCREENING ROLES

* N1 MILLION APPLICATION FEE

CLEARANCE APPRECIATION

* SAYS HE HAS PENDING PETITION AT LPPC

* ‘I HAVE NO COMMENTS,’ MAIKYAU TELLS CITY LAWYER

NBA MOURNS THE DEMISE OF QUINTESSENTIAL BAR MAN, OLUMUYIWA OLOWOKURE

O.O. Olowokure’s Demise: A Good Man Bids Goodbye.

*** ‘I HAVE NO COMMENTS,’ MAIKYAU TELLS *CITY LAWYER***