The Presiding Judge, Lagos Judicial Division of the National Industrial Court, Hon Justice Maureen Esowe has awarded the sum of N5,000,000.00 (Five Million Naira only) as damages against Abraka Company Ltd for negligence and failure to forward Mr. Felix Esuturie’s necessary paperwork to the Nigeria Social Insurance Trust Fund to aid in the processing of his claim for compensation in line with the Employee’s Compensation Act, 2010.

The Court also ordered Abraka Company Ltd to pay Felix Esuturie the sum of N1,000,000.00 (One Million Naira only) as general damages for financial hardship and socio-economic discomfort suffered, with the sum of N500,000.00 (Five Hundred Thousand Naira) Cost of action.

Justice Esowe held that the Court is satisfied with the evidence before it that Felix lost his entitlement to statutory compensation for the disability he suffered following an accident in the course of his employment owing to the firm’s conduct.

From facts, the Claimant- Felix Esuturie had submitted that sometime on 20th October 2015, while in the course of his employment, he suffered a fracture on his right ankle following an industrial accident at his workplace which left him with permanent injury.

He contended that the firm initially paid for treatment of the injury sustained but failed to forward and submit to the Nigeria Social Insurance Trust Fund (NSITF) the required paperwork to give room for the assessment and processing of his compensation for the injury sustained at work under the Employee’s Compensation Act, 2010.

However, the defendant- Abraka Company Ltd failed to file any defence despite receiving the court’s processes and hearing notices.

Delivering the judgment, the presiding Judge, Justice Maureen Esowe held that when a party fails or neglects to utilize the opportunity afforded it by the Court to put up its case, such party cannot later be heard to complain of denial of fair hearing.

The Court held that the evidence of the accident that led to Felix Esuturie sustaining a fracture to his leg is unchallenged and the legal standard of care was for the firm to have furnished the NSITF Board with the required documentation to look into and process the victim compensation claims.

Justice Esowe held that the Court is satisfied with the evidence before it that Felix Esuturie lost his entitlement to statutory compensation for the disability he suffered following an accident in the course of his employment with the Defendant owing to the company’s conduct.

The Court held that company’s lack of diligence in pursuing Felix Esuturie’s statutory compensation claim with the NSITF Board can not be justified by the alleged reason it gave for the delay in forwarding to the Board outstanding documents.

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FEATURED

Dr. Chike Okogwu, an Alumna of the John Kennedy School and the St. John University, Yorkshire UK, is a prominent national voice in the advocacy for Persons with Disability [PWD] and a loud evidence of “Ability in disability”.

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Chike is the Founder and Chief Responsibility Officer at The Centre for Ability, Rehabilitation and Empowerment (CARE). He has advocated for policy changes in the aviation, public transport, medical, financial inclusion, education sectors and political space for the betterment of the Disability Community in Nigeria.

Dr. Chike Okogwu (aka The Lion) is a Disruptive Innovator and Development Expert and a first class media, policy development and implementation consultant. Chike was former Nigerian Coordinator (Abuja) of the CNN/Multichoice African Journalists of the Year Awards alongside providing both commercial and editorial contents for CNN, BBC, Al Jazeera and other international Networks.

He became a paraplegic from spinal cord injuries due to a ghastly car crash on December 15, 2006.

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*Automatic change over!

*No fueling

*25 years warranty on the German Cells Solar panels.

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Baze University, a leading private university in Nigeria’s Federal Capital Territory, Abuja, has been barred from admitting students into its Law Programme for the next five years. The ban may be renewed by the Council of Legal Education (CLE) if the infractions noted by its Visitation Panel is not remedied within the period.

According to a statement made available to CITY LAWYER and signed by Ms. Aderonke Osho, Ag. Secretary & Director of Administration, this decision was made by the Council after its meeting held last Thursday.

Meanwhile, the Council will take steps within the five-year moratorium period to deal with the backlog of over 347 Baze University Law graduates waiting to be admitted into the Nigerian Law School.

Below is the full text of the press statement.

COUNCIL OF LEGAL EDUCATION
(NIGERIAN LAW SCHOOL)

PRESS STATEMENT ON THE ACCREDITATION STATUS OF FACULTY OF LAW

BAZE UNIVERSITY, ABUJA.

At its Quarterly Meeting held on November 23, 2023, the Council of Legal Education (CLE) presided over by its Chairman, Chief Emeka Ngige, SAN, OFR considered the report of the Accreditation panel to the Faculty of Law, Baze University, Abuja.

It emerged from the findings by the Panel led by the Director-General, Nigerian Law School, Prof Isa Hayatu Chiroma, SAN that:

(1) Baze University consistently and most flagrantly had contravened its admission quota of 50 students per session as approved by the Council of Legal Education with the result that the Faculty is currently having a backlog of over 347 law students waiting to be admitted into the Nigerian Law School.

(2) Since 2017 the Council of Legal Education had grappled with the excesses of Baze University by admitting over 750 law students which ordinarily would have taken about 15 years of admission based on the quota allotted to the University.

(3) Baze University runs a three (3)-year LL.B programme for some UTME candidates without the approval of National Universities Commission (NUC), Joint Admission and Matriculation Board (JAMB and Council of Legal Education. Under the NUC Minimum Benchmark Academic Standard (BMAS) for law degree programme in Nigerian Universities, Law is a five (5)-year programme for UTME candidates and four (4)-year for Direct Entry students.

The Council of Legal Education after thorough consideration of these infractions resolved as follows:

(i) The imposition of a moratorium on admission of law students to the Faculty of Law, Baze University Abuja with immediate effect;
(ii) The moratorium will last in the first instance for a period of 5 years and may be renewed if no satisfactory action is taken to remedy the situation.
(iii) The Council in the interest of the innocent students, parents and guardians will use the 5 year period to find ways to deal with the backlog of law students admitted by Baze University in excess of its admission quota.
(iv) Follow-up visits will be paid to the University to ascertain the extent of the measures it has taken to remedy the anomalies observed during the accreditation visit.
(v) The National Universities Commission (NUC), Joint Admission and Matriculation Board (JAMB), Parents, guardians, prospective applicants and members of the public are hereby put on notice on the status of Baze University Abuja and its faculty of Law.

Dated at Abuja this 23rd of November 2023.

….…………………………
Ms Aderonke Osho
Ag. Secretary & Director
Of Administration.

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With over 30 years of his life spent in Canada, Itebu [The Protocol] is a Philanthropist, a distinguished son of Evu in Ethiope East LGA of Delta State, and a Lifter of many youths

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Visit: SolarForAll.ng
(Abuja) Suite A8, Kenuj O2 Mall ,Behind Games Village.
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(Enugu State) Ehalumona Junction, Nsukka.

The Solar For All South-East/South-South team are grateful to have been hosted in Ovu, Ethiope East LGA of Delta State, the ancestral home of the global Earnest Itebu. He is a man cherished by his people and whose kindness knows no bound.

It was a Solar system that powers all essentials in the home, ensures steady power supply and reduces power cost by at least half, such that within the first two years of installation, he would have recovered his total cost of installation from his savings.

Other beneficiaries from whom the efficiency of delivery can be verified include Amb. Gen. Tukur Buratai (COAS Rtd), Hon. Justice Oguntade (Justice of the Supreme Court Rtd), Sir James Ononiwu of NBA Ikeja, Chief Ejiofor Onwuaso of Otu Oka-iwu Abuja, Hon. Sir Ebuka Igwe of the Anambra State House of Assembly, Sir Ebun Olu Adegboruwa SAN, Mrs. Amina Agbaje Esq (FIDA Nigeria CVP), Prof. Dr. Olusola Oke (UNILAG COLLEGE OF MEDICINE), Dr. Muiz Banire SAN, High Chief Emeka J-P Obegolu SAN, Chief Bolaji Ayorinde SAN; Chief J-K Gadzama SAN; Mazi Afam Osigwe SAN; Prince Adetosoye Adebiyi Esq; Mr. Paul Daudu Esq of J.B Daudu SAN & Co; Mr. Benedict Daudu Esq; Chief Peter Ilegogie Esq; Aare Muyiwa Akinboro SAN, Aare Isiaka Olagunju SAN, Dr. Babatunde Ajibade SAN of SPA Ajibade SAN & Co; FIDA Nigeria (FIDA House Abuja); Prince Adetokumbo Kayode SAN; Dr. Mrs Ayorinde of Ayorinde SAN & Co; Mrs. Mariam Agbaboka; Barr. Mrs Rachel Ebun Akerele; Mr. Anthony Malik SAN; Chief Tawo E. Tawo SAN; Chief Kemi Pinheiro SAN; Mr. I. M. Dikko SAN of Liman, Liman SAN & Co; Hon. Justice Emeka Nriezedi of the Anambra State Judiciary; Dr. Hassan Liman SAN; Chief J. U. K. Igwe SAN; Mr. Chike Ekeocha, Esq. of Alex Izinyon SAN & Co/SUEX Nig. Ltd; Mummy Sylvia Okoregbe Esq; John Ochogwu, Esq; Hon. Rodrich Ugwu Esq; Prof. Godson Ogbonna of Abia State University, Uturu; Sir Austin Mwana Esq; Mr. Thony Lyiod Onyemaizu Esq; Dr. Agada Elachi Esq; Mr. Zach Akubo of S. I. Ameh SAN & Co; Mr. Ime Edem-nse Esq; Mr. Edafe Mrakpor Esq; Federal Ministry of Agriculture and Rural Development; Ebedebiri Cottage Hospital, Sagbama LGA, Bayelsa State; Federal College of Education, Warri; Nigerian Agricultural Seeds Council; Institute Of Chartered Mediators and Conciliators of Nigeria (ICMC); Chief R. N. Okeke and Sons Ltd, Wukari, Taraba State; Alhaji Abdulrahman Adamu of the Trademoore Estate, among many others.

Some of the distinguishing benefits of Solar/Inverters include:
*Solar is cheaper at long-run!

*24 hours Power Supply for homes/offices

* Your current Power cost will drop by at least 50% after we install.

*No noise!

*No Pollution!

*Automatic change over!

*No fueling

*25 years warranty on the German Cells Solar panels.

To view the November price list, click here.

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A Farewell To Professor Ben Obi Nwabueze, SAN, 1932-2023, a true titan of the law and a beacon of wisdom.

Dr. Olukayode Ajulo, OON

Today, I feel a profound sadness as I receive the news of the passing of a mentor and an extraordinary man, Professor Ben Nwabueze, SAN.

His departure leaves another void in my world, and I cannot help but gather my thoughts to pay tribute to his remarkable life, his immense contributions, and the profound impact he had on the legal profession, Nigerian society, and the entire world as a whole.

Professor Ben Nwabueze was not merely an attorney or an academic; he was a force of nature—a versatile attorney, a cerebral academic, an authority, and a Professor of Professors in constitutional law.

His brilliance and expertise in his field were unparalleled, making him a colossus among his peers. His deep understanding of the intricacies of the law and his unwavering commitment to justice were the hallmarks of his illustrious career.

I had the privilege of crossing paths with Professor Nwabueze as an undergraduate at the University of Jos, where I came across some of his works. I instantly became his shadow mentee without any introduction or prompting.

His works greatly influenced me, to the point where I breathed and spoke of his indelible thoughts and teachings. However, I had a near falling out with him during the reign of President Goodluck Jonathan. I vividly recall the moment when he made a suggestion, calling for a Kamal Ataturk-like revolution in Nigeria. In my youthful enthusiasm, I demanded that he be sanctioned for his audacity as I can’t juxtapox his various thesis in constitutionalism to his new found application of Ataturk Revolution to resolve Nigeria issues.

However, it was Chief E.K. Clark who reprimanded and brought me back from my wilderness, revealing that Professor Nwabueze had been his lecturer in London. It was a powerful reminder of the profound respect and admiration that his peers and student held for him—a testament to his intellectual prowess and his enduring impact on the legal community.

One of the indelible moments etched in my memory is Professor Nwabueze’s appearance at the 2019 Presidential election tribunal in a petition between Alhaji Atiku Abubakar and Gen Muhammadu Buhari. Despite his frailty, he made a surprise entrance, seated in a wheelchair. It was a poignant and powerful sight—a symbol of his unwavering dedication to upholding justice, even in the face of personal challenges. His presence in that courtroom spoke volumes about his commitment to the principles he held dear and his resolute belief in the power of the law to create a just society.

Professor Ben Nwabueze’s influence extended far beyond his legal career. Born on December 22nd, 1932, in Atani, Ogbaru Local Government Area of Anambra State, his academic journey began at a young age. He pursued his education with diligence and determination, attending renowned institutions such as the London School of Economics and Political Science and the School of Oriental and African Studies, University of London. He excelled in his academic pursuits, earning his Doctor of Laws (LL.D) at the University of London in 1978, becoming the second Nigerian and African to hold a higher doctorate degree in Law based on published works.

Throughout his illustrious career, Professor Nwabueze authored over thirty books and treatises, covering a wide range of legal subjects. His publications, including “Constitutionalism, Presidentialism, and Judicialism,” became essential references in the legal community, and his scholarly contributions shaped the discourse on constitutional law in Nigeria. His dedication to publishing and his commitment to sharing his knowledge and insights were unparalleled.

Beyond his academic achievements, Professor Nwabueze was actively involved in university administration, serving in various leadership roles in universities across Nigeria and beyond. He held professorial chairs in esteemed institutions and played a pivotal role in shaping the educational landscape of the country. His impact as a teacher and mentor cannot be overstated, as he inspired countless individuals to pursue careers in law and to embrace the pursuit of knowledge as a lifelong endeavor.

Professor Ben Nwabueze’s commitment to the Igbo cause was unwavering. He co-founded Ohaneze Ndigbo, a non-partisan Pan Igbo pressure group, and served as its Secretary-General for over two decades. His advocacy for the rights and welfare of the Igbo people earned him the respect and admiration of many. He was a true patriot, dedicated to the advancement of his people and the unity of Nigeria as a whole.

Today, as I reflect on the remarkable life of Professor Ben Nwabueze, I salute him as an academic giant, a legal luminary, and a true role model. His contributions to the Nigerian legal system and his tireless efforts to promote justice and constitutionalism will forever be remembered. His legacy will continue to inspire generations of lawyers, academics, and advocates for years to come.

I humbly extend my deepest condolences to Professor Nwabueze’s family, friends, and colleagues during this difficult time.

May his soul rest in eternal peace, knowing that he has left an indelible mark on our hearts, our legal system, and our nation. Farewell, Professor Ben Nwabueze, SAN, a true titan of the law and a beacon of wisdom.

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The Limits of the Sub Judice Rule

Definition of Sub Judice
Lately, the term ‘Sub judice’ has been flying around. It is actually pronounced ‘sub-joo-di- see’, and not ‘sub-joo-diss’ as Nigerians love to mispronounce it! It’s a Latin term which simply means, ‘under judgement’. Black’s Law Dictionary defines the term as, “Before the Court or Judge for determination”.

The First Leg of the Definition
The concept of sub judice has at least two legs to it (possibly more). Firstly, it prohibits the filing of a multiplicity of suits between the same parties on the same subject-matter – aka Forum Shopping! That is, when a matter is already before a court, the same matter should not be filed in another court, since it’s already sub judice. For one, it could result in conflicting decisions, which will do nothing more than cause confusion. This is an abuse of court process. In Okorodudu v Okoromadu 1977 3 S.C. 21, the Supreme Court cited the institution of a multiplicity of actions on the same subject-matter, against the same opponents on the same issues before one or more courts of competent jurisdiction, as an abuse of court process. Also see the case of Minister for Works v Tomas (Nigeria) Ltd 2002 2 N.W.L.R. Part 752 Page 740. Since the clamp down on forum shopping closer to the end of the tenure of the former Chief Justice of Nigeria, Hon. Justice Ibrahim Tanko Muhammad, GCON, the incidence of forum shopping seems to have reduced. The LPPC also sanctioned some Senior Lawyers, for partaking in forum shopping. During the season of the last general elections in 2019, the sub judice rule in that regard was breached with reckless abandon, as forum shopping was the order of the day.

The Second Leg of the Definition
Another leg of the concept of sub judice has to do with commenting on a case in court, in a manner that will either bring the court into disrepute or prejudice or undermine the court proceedings. See the case of Bello v AG Lagos State & Ors (2006) LPELR-7585(CA) per Clara Bata Ogunbiyi, JCA (as she then was). This other concept of the sub judice rule was formulated in 1742 by Lord Chancellor Hardwicke in the St James’s Evening Post case, in which two newspapers that published libellous articles claiming that a witness in an active case committed perjury, their action was described as a contempt of court “in prejudicing mankind against persons before the cause is heard”.

Our Own Sub Judice Rule: Section 33 of the Rules of Professional Conduct
Last week, we published a news story in which learned Senior Advocate and former NBA President, Dr Olisa Agbakoba, urged Lawyers to refrain from conducting media trials on ongoing cases, particularly President Bola Tinubu’s CSU matter which is now before the Supreme Court. However, contrary to Dr Agbakoba’s admonition, it appears that our own sub judice rule which is covered by Section 33 of the Rules of Professional Conduct for Legal Practitioners 2023 (RPC), is only directed at restricting Counsel who are trial Lawyers in the matter being publicised, and not all Lawyers or the general public, and prohibiting them from making extra-judicial statements “calculated to prejudice or interfere with, or is reasonably capable of prejudicing or interfering with the fair trial of the matter or the judgement or sentence”. The purport of this is that, fair comments by all, including trial Counsel, are allowed on an ongoing case, and what is not permitted is when trial Counsel make prejudicial or harmful extra-judicial statements, or those that can interfere with the fair trial of the matter, or are untoward like in the St James’s Evening Post case or in the current case of Atiku Abubakar, Peter Obi & Ors v Bola Ahmed Tinubu & Ors. In Akomolafe v Guardian Press Ltd 2004 1 N.W.L.R. Part 853 Page 1 at 17-18 per Aderemi, JCA, the Court of Appeal stated that fair comments are simply opinions on matters of public interest, but for it to be a viable defence they must be correctly and fairly stated, based on truth. If we were in the UK, Commentators would possibly have faced ex facie curiae contempt charges, while many Lawyers would have faced sanctions from their Disciplinary bodies for many of their unacceptable extra-judicial statements bringing the courts into disrepute, as well as contempt charges. In Nigeria, aside from trial counsel, there doesn’t seem to be much control on extra-judicial statements made by others, whether prejudicial, damaging (to the Judiciary) or even false.

The case of Atiku Abubakar, Peter Obi & Ors v Bola Ahmed Tinubu & Ors, is obviously a matter of serious public interest, and if my memory serves me right, the Petitioners’ Counsel had applied that the court proceedings be broadcasted live, an application which was refused by the PEPT. Nevertheless, the Petitioners’ Counsel still held press conferences after every Tribunal sitting, publicising the court proceedings, and also those pertaining to the CSU matter in USA even before any documents were obtained, thereby inviting Lawyers and the public to open debates and discussions on the case, and at the same time heating up the polity. One doesn’t have to be Einstein to conclude that, all this was orchestrated to prejudice and prejudge the matter, and put the Judiciary under pressure.For good measure, one of the authorities stating the conditions under which fresh evidence can be introduced on appeal, to create the wrong impression in the public eye that a court ‘has to’ admit fresh evidence (to obviously aid the Petitioner’s position in the CSU matter) was also circulated, that is, the case of Uzodinma v Izunaso (No. 2) 2011 17 N.W.L.R. Part 1275 Page 37. The actions of the Petitioners’ Counsel appear to be a breach of Section 33 of RPC, and by virtue of Section 74(1) thereof, amounts to professional misconduct punishable under Section 11 of the Legal Practitioner’s Act (LPA) (also see Sections 12 & 13 of the LPA). Additionally, the Petitioners’ legal team, even if it’s indirectly, have in more ways than one, facilitated the undermining of the PEPT proceedings, by enabling supporters and even the Petitioners themselves in making prejudicial statements and inciting the public against the Judiciary, as if to constrain the PEPT and now the Supreme Court to find for them, whether or not there are grounds to do so, now using this new American angle which appears to have no leg to stand on in our own jurisprudence as their weapon, and seems to be more like a tool of scandal and spreading odium and opprobrium instead. They really opened the doors, to the desecration of the Judiciary. Last Friday, former USA President, Donald Trump, in his civil fraud case, was held in contempt and fined $5,000 for violating a gag order by insulting a court staff on social media. In his upcoming trial for conspiracy to upturn the 2020 election, the trial Judge in that case has also placed gag order on Trump, ordering him not to publicly attack Prosecutors, court staff or potential witnesses ahead of the trial. We have had many attacks on the credibility of our Judiciary, since the inception of the Presidential Election Petitions case.

Our own sub judice rule appears to be a derogation provided for in Section 45 of the 1999 Constitution of Federal Republic of Nigeria (as amended in 2023)(the Constitution), from the right to freedom of expression (Section 39(1) of the Constitution), but only pertaining to trial Lawyers handling the cases making prejudicial extra-judicial statements. Also see Section 39(3) of the Constitution.

How Necessary is the Second Leg of the Sub Judice Rule in Nigeria?
How necessary is the sub judice rule pertaining to comments on an ongoing case, in a country like ours where we have trained judicial officers to hear and determine cases, as opposed to countries that have Jurors who are laymen untrained in the law, and can easily be swayed by public opinion? The fact that laymen make judicial decisions as Jurors, may be the reason why the sub judice rules in those climes are more expansive than ours. One definition of sub judice which I found in the Oxford Reference seems to point to the fact that the sub judice rule may be more geared towards a jurisdiction with a jury setting, as it states thus: “A rule limiting comment and disclosure relating to judicial proceedings, in order not to prejudge the issue or influence the jury”. In Nigeria the words have to be prejudicial, that is, harmful, in other climes, even if it is the correct position, as long as it prejudges the matter or influences the Jury, it appears that it is not permitted. In fact, in USA, sometimes Juries are sequestered during the trial, and not allowed access to any form of media.

Some may also argue that the rule is unnecessary, because any judicial officer worth his/her salt knows that there are laid down rules for delivering a good judgement; and so, whatever the public or even Lawyers who make a habit of conducting media trials on matters of public interest say, or even extra-judicial statements by trial Lawyers doubling as media trial Lawyers, should not matter. Truth be told, only a Lawyer having a bad day in court, particularly in a public interest case, would probably want to make harmful extra-judicial statements, to try to garner support from the unknowing public, knowing that they do not have the support of the law. It s trite law that a court can only decide a matter based on the admissible evidence placed before it, and not what media trial Lawyers or others say. In Mbani v Bosi & Ors (2006) LPELR-1853 (SC) per Walter Samuel Nkanu Onnoghen, JSC (later CJN), the Supreme Court held that the important element of a good judgement, is that it is a correct judgement based on the law and fact. Issues must be well distilled, evidence adduced properly evaluated, clear findings of facts made, and the law properly applied to arrive at the correct decision. See the case of NEPA v Ososanya 2004 5 N.W.L.R. Part 867 Page 601. Pleadings, and not the half truths that the public, including media Lawyers run with, should be the first port of call for a judicial officer on the road to handing down a good decision. The principle of ‘Stare Decisis’ is also there, as a guide.

Conclusion
My point? A good Judge who follows the laid down rules for delivering a good judgement, would not let external media trials prejudge a matter he/she is adjudicating upon or prejudice the judgement. However, I am sure that many of us will agree with that, in the present case of Atiku Abubakar, Peter Obi & Ors v Bola Ahmed Tinubu & Ors, whether the 1748 British sub judice rule or our own Section 33 of the RPC version, the rule has been breached in all its ramifications – with gusto, aplomb and relish. Caution has been thrown to the wind, and all kinds of comments, whether from the Petitioners’ Counsel or their proxies, or other Lawyers or the general public, or even the Petitioners themselves, whether appropriate and inappropriate, have been made concerning this matter that is now before the Supreme Court or under judgement.

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Fiery human rights activist, Mr. Ebun-Olu Adegboruwa SAN has urged Ondo State Chief Judge, Justice Olusegun Odusola not to constitute a panel to investigate the State Deputy Governor, Mr. Lucky Orimisan Aiyedatiwa.

In a letter made available to CITY LAWYER, the senior lawyer argued that the matter is subjudice due to two pending lawsuits, saying: “In line with the valid and subsisting order of the Federal High Court, Abuja and in the best traditions of due regard for due process of law and respect for the authority of the Court, WE HUMBLY URGE MY LORD TO DISREGARD ANY MOTION, LETTER, APPLICATION OR REQUEST FROM THE ONDO STATE HOUSE OF ASSEMBLY, FOR THE CONSTITUTION OF ANY PANEL OF INVESTIGATION IN RESPECT OF THE DEPUTY GOVERNOR OF ONDO STATE, until the two pending cases are fully decided by the various courts with jurisdiction over them.”

Below is the full text of the letter.

Our Ref: A&C/RC/L-05/10/2023

Wednesday, October 4, 2023

The Hon The Chief Judge of Ondo State,
Ondo State Judiciary,
High Court Complex,
Hospital Road,
Akure, Ondo State.

My Lord,

RE: WHY ONDO STATE HOUSE OF ASSEMBLY CANNOT PROCEED WITH REMOVAL PROCEEDINGS OF THE DEPUTY GOVERNOR OF ONDO STATE
1. SUIT NO. AK/348/2023 – AIYEDATIWA V. ONDO STATE GOVERNMENT & 5 ORS AND
2. SUIT NO. FHC/ABJ/CS/1294/2023 – AIYEDATIWA V. INSPECTOR GENERAL OF POLICE & 5 ORS.

The above matter refers. We are solicitors to His Excellency, the Deputy Governor of Ondo State, Mr. Lucky Orimisan Aiyedatiwa (“our Client”) on whose behalf we write this letter on the above subject matter. We refer to our letter dated September 25, 2023 written to My Lord on this matter, regarding the suit filed by our Client before the High Court, Akure in respect of the unlawful attempts of the Ondo State House of Assembly to conduct proceedings for his removal from office. The court processes in the said Suit No. AK/348/2023 have now been duly served on My Lord and all the defendants in the said suit, including the House of Assembly.

We will like to draw the attention of My Lord to the following undisputed facts:

1. On September 25, 2023, our Client filed a Motion on Notice for various orders of interlocutory injunction against his planned removal from office by the Ondo State House of Assembly. The said application has been served on ALL the defendants in the suit, including the House of Assembly.

2. Realizing that our Client had filed a suit before the Akure High Court, the Ondo State House of Assembly claimed to have served a Notice of acts of gross misconduct on some persons different from our Client in the late afternoon of September 25, 2023, after Suit No. AK/348/2023 had been filed, against the said removal proceedings. The said Notice is required by law to be served on our Client personally, for it to be effective.

2. On September 26, 2023, our Client filed a Motion on Notice before the Akure High Court, for an order to stay further proceedings on the said Notice by the Ondo State House of Assembly and indeed all the defendants in Suit No. AK/248/2023 supra. The said application has been served on all the defendants in the suit.

3. On September 26, 2023, it became a matter of public knowledge that the Federal High Court, Abuja in Suit No. FHC/ABJ/1294/2023, per Emeka Nwite, J., granted an order, RESTRAINING ALL THE DEFENDANTS IN THE SAID SUIT, INCLUDING THE ONDO STATE HOUSE OF ASSEMBLY, FROM PROCEEDING WITH THE PLANNED REMOVAL PROCEEDINGS AGAINST OUR CLIENT.

My Lord is a defendant in the said suit upon whom the order of the Court has been duly served.

In particular, the Federal High Court granted an order, restraining My Lord from constituting any panel of investigation at the instance of the Ondo State House of Assembly.

4. The Speaker of the Ondo State House of Assembly, also restrained by the Order of the Federal High Court, issued a statement openly castigating the Court and vowing to disregard the said order by proceeding with the removal proceedings. The Speaker arrogantly described My Lord of the Federal High Court as “a certain judge”, threatening with reckless abandon, to deal with the judge.

WHY ODSHA CANNOT PROCEED WITH REMOVAL PROCEEDINGS
A. Section 188 (2) of the 1999 Constitution makes it mandatory that the holder of the office SHALL be served with the notice before the House of Assembly is conferred with jurisdiction to sit on the removal proceedings. The House is in flagrant violation of this section when it convened its plenary proceedings on September 20, 2023 before the holder of the office was served, in breach of the constitutional and fundamental right to fair hearing of our Client, the Deputy Governor.

B. Service of the Notice is personal, which was not done in this case. The Notice being paraded by the House of Assembly was not served on the Deputy Governor personally.

C. Under section 188 of the Constitution, the Assembly is authorized to sit for only two times in the course of removal proceedings; first under section 188 (3) when it convenes to move a motion to call upon the Chief Judge to constitute a panel of investigation and secondly under section 188 (9) when it convenes to deliberate upon the report of the panel set up by the Chief Judge. In this case, the Assembly has already convened its full plenary and conducted proceedings on the Notice at least twice, in respect of the planned removal of the Deputy Governor; first on 20th September 2023 and again on 3rd October 2023. That being the case, the House has no jurisdiction to convene any further proceedings in respect of the planned removal, having exhausted the two sittings allowed under section 188 of the Constitution.

D. There is presently no valid Notice of acts of gross misconduct in existence to ground any removal proceedings against the Deputy Governor. First, the Notice presently in circulation was not served on the Deputy Governor in line with section 188 (2) before the Assembly convened its plenary session on 20th September 2023, to deliberate on the said Notice. Second, the Notice was not personally served on the Deputy Governor. Thirdly, upon proper examination, the Notice presently in circulation is not a document of the House of Assembly of Ondo State, properly so called. When My Lord probes the said Notice, it will be discovered that only the cover letter from the Speaker of the Assembly and the signature page bears the insignia and authority of the Ondo State State House of Assembly. The alleged Notice itself is not a document emanating from the House of Assembly of Ondo State, being a document foreign to the said Assembly.

WHY THE DEPUTY GOVERNOR CANNOT RESPOND TO THE “NOTICE”
A. Under and by virtue of section 287(3) of the Constitution, “all persons and authorities in Nigeria” are to obey and give effect to the orders of the Federal High Court. Our Client swore on oath to defend the Constitution and he cannot act against the said Constitution to disobey the valid and subsisting order of the Federal High Court of Nigeria which has halted the removal proceedings.

B. Our Client has not been personally served with any valid Notice of acts of gross misconduct as required by law.

C. Our Client is not in receipt of any valid Notice of acts of gross misconduct properly so issued and bearing the authority of the House of Assembly of Ondo State to which he can respond.

D. Our Client has filed and served two separate applications upon the Ondo State House of Assembly, seeking orders of interlocutory injunction against the removal proceedings and also to stay further proceedings in respect of the invalid Notice, which was illegally issued and improperly served.

JURISDICTION OF THE COURT TO INQUIRE INTO REMOVAL PROCEEDINGS
My Lord, it has now been settled beyond controversy, by the Supreme Court in the case of Inakoju v Adeleke, (2007) 4 NWLR (Pt.1025) 474, that the Court possesses the requisite jurisdiction to inquire into whether there is strict compliance with section 188 (1) – (9) of the Constitution before invoking the provisions of section 188(10). The House of Assembly, being an agency created by law, should join our Client to defend all its illegal actions and proceedings before the Court.

“The entire section 188 sub-sections 1-11 must be read together. And a proper reading of the whole section will reveal that the ouster clause in subsection (10) can only be properly resorted to and invoked after due compliance with sub-sections (1)-(9) that preceded it … Failure to comply with any of the provisions of subsections (1)-(9) will mean that the ouster clause of subsection (10) cannot be invoked in favour of the House of Assembly.” Inakoju v. Adeleke (supra).

STAY OF FURTHER PROCEEDINGS
In line with the valid and subsisting order of the Federal High Court, Abuja and in the best traditions of due regard for due process of law and respect for the authority of the Court, WE HUMBLY URGE MY LORD TO DISREGARD ANY MOTION, LETTER, APPLICATION OR REQUEST FROM THE ONDO STATE HOUSE OF ASSEMBLY, FOR THE CONSTITUTION OF ANY PANEL OF INVESTIGATION IN RESPECT OF THE DEPUTY GOVERNOR OF ONDO STATE, until the two pending cases are fully decided by the various courts with jurisdiction over them.

“The Chief Judge can only invoke his constitutional powers under section 188 (5) if the provisions of section 188 (2), (3) and (4) are complied with. Putting it in a negative language, the Chief Judge will not invoke his constitutional powers under section 188 (5) if the provisions of section 188 (2), (3) and (4) are not complied with.” Inakoju v. Adeleke (supra).

The House of Assembly having submitted to the jurisdiction of the Court by filing processes in Suit No. AK/348/2023 pending before the High Court in Akure and also purporting to file a complaint before the National Judicial Council in Suit No. FHC/ABJ/CS/1249/2023 before the Federal High Court Abuja, is fully aware of and cognizant of the authority of the Court over the subject matter of the removal proceedings against our Client. Consequently, it is our considered view that the matter of the planned removal of the Deputy Governor of Ondo State is now subjudice. Parties should follow the due process of law, the House of Assembly itself being a creation of law, seeking to implement the provisions of law, rightly or wrongly. It cannot and should not be allowed to take the law into its own hands by openly disregarding a subsisting order of court and other court processes duly served upon it.

While thanking My Lord for the kind considerations, we extend the best assurances of our warmest regards, always.

Yours faithfully,

EBUN-OLU ADEGBORUWA, SAN

CC:
1. Ondo State House of Assembly
c/o Its Solicitors,
Femi Emmanuel Emodamori & Co.,
Suites 28 & 29, Yafrato House,
Alagbaka G.R.A. Akure,
Ondo State.
femiemmanuelemodamori@yahoo.com

2. Governor of Ondo State,
The Governor’s Office,
Government House,
Akure, Ondo State.

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The Federal Government last week in Lagos continued stakeholder’s consultations across the six geo-political zones to collate information for Nigeria’s National Report pertaining to the United Nations Fourth Cycle Universal Periodic Review.

In her welcome address to delegates at the South-West engagement session in Lagos, the Solicitor-General of the Federation and Permanent Secretary Federal Ministry of Justice, Mrs. Beatrice Jeddy-Agba, represented at the event by the Secretary to the Inter-Ministerial Committee, Princess F. Frank Chukwuani, called on stakeholders in the justice and human rights sector to participate in meaningful and productive consultations in a bid to generate accurate and up to date information for the 4th Cycle of the United Nations Human Rights Universal Periodic Review of Nigeria (UPR).

She said: “Today’s stakeholders’ engagement is part of the work plan for collating information and useful data from various stakeholders in the South Western geopolitical zone of the country. This is in line with the United Nations (UN) guidelines on national reporting, which stipulates that a country’s national report should be independent, objective, transparent, and inclusive. “Therefore I enjoin all stakeholders to please engage in meaningful and productive consultations in a bid to facilitate an efficient, reliable and accurate data/information collation process for our National Report to the United Nations.

“The IMC is tasked with the mandate of overseeing preparation of Nigeria’s National report to the UNHRC and has set in place modalities in the preparation of Nigeria’s report among which are stakeholders’ engagement throughout the six geo-political zones of the country. The consultations were convened by the Government for purposes of collating information which will be used in the preparation of our national report.”

The event was attended by relevant stakeholders from the public sector(MDAs), Non- Governmental Organisations, and Civil Society Organisations in the South-West Zone including members of the Nigerian Bar Association ( NBA), International Federation of Women Lawyers (FIDA) Nigeria, Lawyers from the States Ministries of Justice across the South-West zone and other stakeholders knowledgeable on Human Rights issues. Stakeholders and participants alike made valuable and meaningful contributions on the subject, especially regarding implementation of government policies aimed at addressing the concerns raised in the UN recommendations to Nigeria during its 3rd Cycle review in 2018.

Nigeria’s Fourth (4th ) review process commenced in September 2022, and in line with its workplan, Nigeria is expected to prepare and submit her National Report to the United Nations Human Right Council (UNHRC) in October 2023 for its review during the 45th Session of the UPR Working Group Session in Geneva scheduled to take place in the first quarter of 2024.

In driving the UPR process nationally, the Secretary to the Government of the Federation, inaugurated the Inter-Ministerial Committee (IMC). The Committee is co-chaired by the Solicitor General of the Federation/Permanent Secretary (SGF/PS), Federal Ministry of Justice (FMoJ), Mrs Beatrice Jeddy-Agba and the Permanent Secretary Ministry of Foreign Affairs (MFA), Ambassador Adamu Ibrahim Lamuwa, with Princess F. Frank-Chukwuani as the Secretary.

The United Nations Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all UN Member States. It is a State-driven process, under the auspices of the United Nation’s Human Right Council, which provides the opportunity for each State to declare actions taken to improve the human rights situations in their countries and to fulfill their human rights obligations.

The objectives of the UPR are to review the fulfillment of the human rights commitments and obligations of all UN members states (as set out in the UN Charter, the Universal Declaration of Human Rights and all Human Rights Instruments to which the state is a party); and to improve the human rights situation in all countries and address human rights violations wherever they occur, among others.

Nigeria has been involved in the past UPR process and was reviewed in the First Cycle which was held in 2009, the Second and Third Review Cycles were in 2013 and 2018 respectively. Preparations are ongoing for the Fourth Review Cycle in 2024 and the Federal Government of Nigeria constituted the Inter-Ministerial Committee for this purpose.

“The aim of the Stakeholders engagement is to collect and collate information on the human right situation in Nigeria for the Fourth Cycle Review,” Princess Frank-Chukwuani stated.

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There was wild jubilation yesterday on the streets of Lafia, Nasarawa State capital, following the Governorship Election Petition Tribunal judgment which nullified the declaration of Governor Abdullahi Sule as winner of the March 18, 2023 gubernatorial poll.

The three-man panel of the Nasarawa State Governorship Election Petition Tribunal had earlier declared David Ombugadu of the Peoples Democratic Party, PDP, winner of the election. The development has sparked widespread jubilation among residents of the state, especially Ombugadu’s supporters.

The three-man Governorship Election Petition Tribunal sitting in Lafia had sacked Governor Sule of the All Progressives Congress (APC) and declared Dr. David Ombugadu of the Peoples Democratic Party (PDP) as winner of the majority votes in the governorship election.

Justices Chiemelie Onaga and Ezekiel Ajayi (chairman) held that while the petitioners presented valid subpoenaed evidence such as the INEC Result Viewing (IReV) portal and Bimodal Voter Accreditation System (BVAS) to prove their allegation of over-voting, the respondents only provided photocopies of results as evidence. The panel held that the decision of the two judges was based on the merit of the case as argued, and was in line with the provisions of the Electoral Act.

However, a dissenting judgment by Justice Ibrahim Mashi held that Ombugadu and the PDP did not prove that they won the election. He, therefore, ruled that the petitioners’ prayers should be dismissed.

Meanwhile, in Adamawa State, the Election Petitions Tribunal sitting in Yola declared Governor Ahmadu Fintiri as the winner of the March 18, 2023 governorship poll conducted by the Independent National Electoral Commission (INEC).

The governorship candidate of Social Democratic party (SDP), Dr. Umar Ardo, is seeking the nullification of the poll, alleging corrupt practices and non-compliance with the Electoral Act by INEC.

While delivering judgment, yesterday, the panel of three justices headed by Justice Theodora Uloho dismissed the petition on the grounds that it lacked merit. Uloho, in her 51-page lead judgment that lasted two hours and forty-eight minutes, described Ardo’s petition as a skeleton without flesh.

Citing Section 4(1)d of the 2022 Electoral Act, the panel pointed out that the petitioner failed woefully to comply with the provisions of the Electoral Act. The tribunal held that the petitioner was generic and speculative, pointing out that there were no documents attached to the petition to support the claims.

Justice Uloho said the petitioner lumped together the claims of corrupt practices and non-compliance without substantiating who committed the infractions. According to the panel, the petitioner did not submit any document or oral witness to prove that the election was marred with crisis, corrupt practices and non-compliance.

Citing Section 137 of the Electoral Act 2022, the tribunal stated that the burden of proof was solely on the shoulders of the petitioner. It also noted that no witness list or particulars of evidence were attached to the petition in line with the provisions of the Electoral Act, saying that it rendered the petition impotent. The tribunal awarded N800,000 damages to the four respondents in the case.

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A CHECKLIST EVERY LAWYER MUST HAVE BEFORE TAKING A CLIENT’S CASE TO COURT

I am asking myself whether our lawyers involved in election petition cases and other cases are doing anything to secure a better future for our justice system.

I would think that all cases start or doesn’t start with the advice given by a lawyer. Just like I know that every litigation is commenced by the lawyer who thinks that taking his client’s case to court will not only bring about justice for the client but will add to the jurisprudence of the justice system.

As for me, I have created a checklist for taking a case to court and they are:

1. Is it the only way of getting justice for my client?

2. Will this case improve our justice system?

3. Can the court infrastructure handle the Dispute?

4. Is the judge worth bothering with the dispute?

5. Can I be humble enough to call the other party to seek mediation and redress out of court?

If I can’t, in good conscience answer these questions positively, I simply advice my client not to go to court and tell the client pointblank that I cannot waste the court’s time with his case.

• Bayo Akinlade is the Publicity Secretary of the Nigerian Law Society

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NEWS RELEASE

The President of the Nigerian Bar Association (NBA), Mr. Yakubu Chonoko Maikyau, OON, SAN, was in London to attend the 2023 Opening of the Legal Year for England and Wales.

The event commenced on Sunday, 1 October with a Bar Leader’s Discussion organised by the Law Society of England and Wales and the Bar Council of England and Wales, that took place at Grey’s Inn. The Discussion which had the NBA President as one of the panelists, explored the topic: How best to consolidate the independence of the legal profession in international – and domestic – law? Should there be a binding legal instrument protecting the independence of the legal profession? If so, what should it say? The other panelists were Panagiotis Perakis, President CCBE; Sheila Webster, President, Law Society of Scotland; Victor Dawes SC, Chairman Hong Kong Bar Association.

The discussion was chaired by Nick Vineall KC, President of the Bar Council of England and Wales, while Lubna Shuja, the outgoing President of the Law Society of England and Wales, delivered the final remarks.

In his intervention, Mr Maikyau noted the very important place that legal practitioners occupy in the society as underscored in the profound words of a former Chief Justice of Nigeria, Sir Adetokunbo Ademola, CJN, who posited that “The respect in which the Bar in any county is held is the best indicator of the freedom in that country”.

He also noted that the recent increased agitations in various countries to regulate the Bar is an indication that the Bar may have lost some of its respect and this may not be unconnected to the way we have carried ourselves ethically over the years. The Discussion was followed by a formal dinner at the Law Society Hall.

The Opening of the Legal Year Service took place on Monday, 2 October 2023 with a Church Service at the Westminster Abbey, followed by Lord Chancellor’s reception and a Seminar with the Judiciary. This year’s event coincides with the swearing-in of Dame Sue Lascelles Carr, DBE as the Chief Justice in England and Wales; the first lady Chief Justice since the creation of the office in the 13th century. There were several networking events on the sidelines, with beneficial discussions of possible collaborations and partnerships.

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A United States Court has ordered the Chicago State University (CSU) to complete all filings relating to the order to release President Bola Tinubu’s academic records latest by 5 pm on Tuesday.

In a ruling obtained by CITY LAWYER in the contentious legal tussle between Tinubu and Nigeria’s former Vice President Atiku Abubakar, Judge Nancy Maldonado of the Northern District of Illinois in Chicago held that “Respondent CSU is directed to produce all relevant and non-privileged documents in response to Requests for Production Nos. 1 through 4 (as narrowed by Judge Gilbert and adopted by the District Court in its opinion) in Mr. Abubakar’s subpoena, by 12:00 p.m. (noon) CDT, on Monday, October 2, 2023.

“The Rule 30(b)(6) deposition of CSU’s corporate designee must be completed by 5:00 p.m. CDT on Tuesday, October 3, 2023.”

CITY LAWYER had reported that Judge Maldonado had dismissed Tinubu’s objection, issuing a two-day ultimatum to CSU to release the documents to Atiku.

She also upheld the September 20 ruling of US Magistrate Judge, Jeffery Gilbert, who ordered the CSU to release Tinubu’s academic records as requested by Atiku, stressing that the PDP candidate Atiku had the right to have access to the records.

“For the reasons stated in the Court’s accompanying Memorandum Opinion and Order, the Court overrules President Tinubu’s objections (44] and adopts Judge Gilbert’s recommended decision [40] in full.

“The Court therefore grants Mr. Abubakar’s application under 28 U.S.C. § 1782. [1],” Justice Maldonado of the Northern District of Illinois ruled.

The memorandum opinion and order read in part, “Atiku’s application is therefore granted. In light of the pending Supreme Court of Nigeria deadline. represented to the Court as October 5, 2023, and based on CSU’s representations that it is ready to comply with the discovery requests and produce a witness, the Court sets an expedited schedule for completion of discovery. Respondent CSU is directed to produce all relevant and non-privileged documents.

“The Rule 30(b)(6) deposition of CSU’s corporate designee must be completed by 5:00 p.m. CDT on Tuesday, October 3, 2023. Given the October 5, 2023, filing deadline before the Supreme Court of Nigeria, the Court will not extend or modify these deadlines.”

Abubakar, the presidential candidate of the main opposition Peoples Democratic Party (PDP), had approached the US District Court in Northern Illinois to compel the university to release Tinubu’s academic records, arguing that it would boost his suit challenging the President’s election in the February 25 presidential poll.

The PDP candidate had requested the documents for use in Nigerian courts to support his argument that Tinubu forged a certificate he claimed to have obtained from CSU in 1979 and submitted to Nigeria’s electoral body, the Independent National Electoral Commission (INEC), for the 2023 presidential election.

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THE COMPANY
Law Department of a reputable Company operating in the Downstream and Midstream Sector of the Oil & Gas Industry

THE CANDIDATE
A lawyer with 10 – 12 Years professional experience in legal practice of the Oil & Gas Industry
• Experience in litigation from a Law Firm having reputable Oil & Gas and Corporate Organisations as clients or
• A lawyer who has worked or is working as an In-House Counsel at an Oil & Gas Organisation, possessing the ability to provide legal advisory, draft commercial and industry contracts and conduct functional legal reviews, will be a valuable advantage.

REMUNERATION
Monthly Salary – 1 Million Naira (slightly negotiable)

HOW TO APPLY
Interested candidates should send CV to legaljobs77@gmail.com.

VERY IMPORTANT: Please ensure that the SUBJECT reads “OIL FIRM TO HIRE LAWYER”

Only shortlisted candidates will be contacted.

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The immediate past Chairman of the Nigerian Bar Association (NBA) Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN has urged members of the Borno State House of Assembly to commit to the fight against corruption.

He spoke at a workshop in Abuja organized by Talbash Chambers in collaboration with the Economic and Financial Crimes Commission (EFCC) and the Borno State House of Assembly.

Meanwhile, Gadzama, who is also the Founding Principal Partner of J-K Gadzama LLP, has expressed “sadness and shock” over the demise of his mentor, Khadi Kaka Shehu Imam.

Gadzama SAN urges members of the Borno state House of Assembly to choose between fighting corruption and promoting corruption

Chief Joe-Kyari Gadzama SAN, Founding Principal Partner of J-K Gadzama LLP, made this statement when addressing the members of the Borno State House of Assembly in a workshop organized by Talbash Chambers in collaboration with the Economic and Financial Crimes Commission (EFCC) and the Borno State House of Assembly, which held on Tuesday 26th September, 2023 at The Palms Hotel, Abuja.

The workshop aptly titled the Role of the EFCC and Legislature on Blockage, Prevention of Financial Crime and Money Laundering in Public Sector through Enactment, Domestication of Relevant Laws and Oversight Functions of the Legislators had distinguished speakers like Mr Oshodi Johnson, the North East Zonal Commander of the Commission; Chief Joe-Kyari Gadzama SAN, the Founding and Principal Partner of J-K Gadzama LLP; Dr. Kyari Mohammed of the African Union and honourable members of the Borno State of the House of Assembly led by the Speaker of the House, Hon. Abdulkarim Lawan in attendance.

Chief Gadzama SAN as one of the Speakers at the event, delivered a paper on the “Role of the Borno State House of Assembly on Blockage, Prevention of Financial Crimes and Money Laundering in Public Sector: Enactments and Oversight Functions”

According to Chief Gadzama SAN, “… from the smallest unit of the society, which is the family, to the larger society, corruption does not attract enough societal condemnation as it should. The need to get rich by all mean s has become a laudable goal. The community, family and close relatives of persons in positions of power see the public officer in power as a means for the family and their community to get rich.”

While applauding the Borno State House of Assembly for the initiative stating that the sensitization of members was the first step in preventing financial crimes, he reminded them that in their capacity they have the powers to curb financial leakages in the state by enacting the right laws as well as being consistent and without bias in their application of their oversight functions over the activities of state government agencies.

He admonished the honorable members that the options available to them as public officers are to choose to fight corruption, or to further entrench corruption, or to stay aloof and do nothing.

Gadzama SAN Mourns his Mentor, Khadi Kaka Shehu Imam

Chief Joe-Kyari Gadzama, SAN has expressed sadness and shock over the demise of his mentor, Khadi Kaka Shehu Imam and extends his heartfelt condolences to the immediate family of the elder statesman, the Limanti Dynasty and the good people of Borno State over this painful loss.

According to the Learned Silk, the late Khadi was a father to him and imparted so many virtues on him, especially during the early days of his career as a legal practitioner even before he took Silk. The Learned Silk narrated that their paths crossed when the deceased was a Khadi of the Sharia Court of Appeal, Maiduguri in the early 90’s. The late Khadi adopted the Learned Silk as his first son and the duo remained father and son even after he retired from the Bench and until his eventual demise on 25/9/23. May Allah have mercy on his soul and grant him Aljannah Firdausi.

Khadi Kaka Shehu Imam who died on 25th September, 2023 at 100 years of age has been credited to be an elder statesman in Borno State and one of the founding fathers of the modern Yerwa.

Chief Gadzama, SAN, who is the Shettima Ilmuye of Borno and the Sardauna of Uba, has described the late Khadi as one who was “committed to fairness, justice and compassion for all irrespective of tribe, religion and socio-economic class” during his lifetime. For the Learned Silk, the demise of this icon of inestimable value is a great loss to him and the good people of Borno State whose legacy will live on and continue to inspire generations to come. The best way to honour him is to continue with his legacies of fairness, good leadership and uniting the people.

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The Chairman of the 2023 Nigerian Bar Association (NBA) Annual General Conference Planning Committee, Mazi Afam Osigwe SAN has expressed “shock” on the “allegations by our colleague Douglas Ogbankwa about the assault and threat to shoot him by some officers of the State Security Service in Benin, Edo City.”

Meanwhile, the senior lawyer has felicitated with Muslims on the “auspicious occasion of Eid El Maulud.” He stated that “Eid El Maulud is a time of both celebration and contemplation. It marks the birth of the Prophet Muhammad, the epitome of compassion, wisdom, and guidance for humanity. His life serves as a beacon of light, guiding my Muslim brothers and sisters toward the path of righteousness, tolerance, and peace.”

Turning to the reported attack on Ogbankwa, Osigwe demanded that the perpetrators must be brought to justice, saying: “No law enforcement agent or agency should be allowed to brazenly violate the fundamental rights of Nigerians and indeed lawyers. Something must be done about this. This ugly trend MUST stop. Lawyers must be allowed to practice with dignity and respect.”

DOUGLAS OGBANKWA: LAWYERS AS ENDANGERED SPECIES!!

I read with shock the allegations by our colleague Douglas Ogbankwa about the assault and threat to shoot him by some officers of the State Security Service in Benin, Edo City. It is worrisome that law enforcement agents would not only prevent a lawyer from exercising a statutory power to be present while his/her client is interrogated but reportedly assault him and threaten to shoot him.

No lawyer should be made to face such humiliation and intimidation. It is unbecoming of law enforcement agents to put weapons bought by taxpayers to wring use or to abuse their power by trampling on the rights of citizens. Offices of such agencies should not be places people with approach or enter with trepidation because of fear that illegalities may be deployed against them.

The story yet again brings to the fore the emerging reality that lawyers have indeed become endangered species in Nigeria. Many law enforcement agents can scarcely conceal their hostility to lawyers. They are very intolerant of lawyers performing their duties. They do not want the lawyers to be present while they do their work and it does not matter that these lawyers do not interfere with the investigations. Lawyers must be respected and allowed to represent their clients.

No law enforcement agent or agency should be allowed to brazenly violate the fundamental rights of Nigerians and indeed lawyers. Something must be done about this. This ugly trend MUST stop. Lawyers must be allowed to practice with dignity and respect.

I therefore lend my voice in urging the Director General of the State Security Service and the Honourable Attorney General of the Federation to cause a detailed investigation to be carried out in respect of the complaint of by Douglas Ogbankwa. Any person found to have engaged in the assault and threat to Mr Ogbankwa should be brought to book.

Happy Eid el Maulud.

Mazi Afam Osigwe SAN

HAPPY EID EL MAULUD

Dear colleagues,

On this auspicious occasion of Eid El Maulud, I extend my warmest felicitations to our Muslim colleagues. May this day be filled with joy, blessings, and profound reflection on the life and teachings of the Prophet Muhammad (peace be upon Him).

Eid El Maulud is a time of both celebration and contemplation. It marks the birth of the Prophet Muhammad, the epitome of compassion, wisdom, and guidance for humanity. His life serves as a beacon of light, guiding my Muslim brothers and sisters toward the path of righteousness, tolerance, and peace.

As we celebrate this day, let us remember the profound messages embedded in the life of the Prophet: compassion for the less fortunate, forgiveness in the face of adversity, and a commitment to justice and equality. These timeless teachings continue to inspire and unite Muslims across the globe.

In these challenging times, let Eid El Maulud also be a reminder of the strength and resilience that your faith instills in you. The Prophet Muhammad faced numerous trials and tribulations during his life all in a bit to bring the religion of Allah to stay, yet his unwavering faith and determination brought about monumental change. Similarly, your unswerving faith can help you overcome any challenges that come your way.

May this Eid El Maulud renew your faith, strengthen your bonds with family and community, and inspire you to follow the righteous path that the Prophet Muhammad set forth. As you celebrate, may your homes be filled with love, laughter, and the warmth of togetherness. I pray that Allah’s blessings be upon you and your loved ones today and always.

Once again, I extend my heartfelt wishes for a joyous Eid El Maulud. MAY PEACE AND BLESSINGS OF ALLAH BE UPON THE PROPHET MUHAMMAD.

With warm regards,
Mazi Afam Osigwe, SAN

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Text writer and legal scholar, Prof. Yemi Oke has fought back over what he termed “unfounded allegations” made against him by Venerable B. O. Okunuga.

The clergyman had penned a petition which was published by a blog with the title, “Clergyman Call on LPPC to Disqualify Law Professor from SAN Rank alleging Fraudulent and Sharp Practices.”

But Oke, a Law teacher at the Department of Jurisprudence and International Law, University of Lagos, is not amused by the allegations. He has described the petition as not only baseless but a “cheap and desperate” attempt to thwart his long-standing ambition to become a Senior Advocate of Nigeria (SAN).

Okunuga had previously submitted a similar petition against Oke’s earlier application in October 2020. This resulted in the suspension of his eligibility pending the resolution of the matter. Oke unsuccessfully appealed the Legal Practitioners Privileges Committee (LPPC) decision.

Despite the ongoing legal tussle over properties between the petitioner and the Ogunade Family, Oke has maintained that the allegation of collusion against him was unjust and malicious.

He bemoaned the fact that his quest for the coveted rank had been repeatedly impeded by the unresolved Suit. No. LD/2437LM/2019 which was only dismissed in 2022 after the shortlisting of applicants for SAN Awards that year.

Oke expressed confidence in the fairness of the award process and the ability of the LPPC to differentiate between valid concerns and what he described as “transferred aggression.”

He also indicated that he would continue to follow due process and restated his commitment to defend his professional reputation, even as he had engaged his solicitors to squarely address the matter.

The full text of his rebuttal is below.

REJOINDER TO THE UNFOUND ALLEGATIONS OF A DESPERATE “CLERGYMAN” VENERABLE OKUNUGA AND HIS SOCIAL MEDIA “PROSECUTION”

(1) My attention has been drawn to yet another desperate moves by Venerable O. Okunuga to frustrate my long-held dream, desire and aspiration to becoming a Senior Advocate of Nigeria (SAN) through an on-line document captioned: “Clergyman Call on LPPC to Disqualify Law Professor from SAN Rank alleging Fraudulent and Sharp Practices” published on September 23, 2023 by Halima Abiola at: loyalnigerianlawyer.com.

(2) I have never met or set my eyes on Venerable Okunuga till date. While I appreciate the fact that, in line with the tradition of Legal Practitioners Privileges Committee (LPPC) to invite comments on suitability of applicants, comments may be made, but certainly gallery-dancing on social media over a private communication with the LPPC is, to say the least cheap and desperate of Venerable Okunuga.

(3) Venerable Okunuga had earlier submitted the same petition against my application for SAN on 7th October, 2020. My confirmation had to be put on hold for the LPPC to thoroughly look into the misplaced allegations.

(4) I appeared before the LPPC in respect of the earlier petition of Venerable Okunuga. The LLPC ruled that Suit. No. LD/2437LM/2019 filed by Venerable Okunuga raised an allegation against my person and that my eligibility to proceed will be put on hold until the suit is finally determined.

(5) I filed an appeal against the decision but my appeal was not successful.

(6) While the case was pending, I made attempts to apply for SAN again in 2021. The LPPC wrote that I will not be eligible to apply until the suit was determined.

(7) I applied again in the year 2022 in the hope that the suit would have been determined. I continued to pray to God for victory. The suit, Suit. No. LD/2437LM/2019 was dismissed in 2022 after names of applicants for SAN in 2022 had been shortlisted.

(8) I contacted the LPPC through a letter. The LPPC wrote that, unfortunately, applications and processing for the year 2022 SAN was almost concluded and that I can only apply for the next edition in 2023.

(9) I applied for the 2023 edition and was shortlisted only for the “Clergyman” to repeat the same malicious petition with minor additions.

(10) The issue of Ogunade Family over Nos. 366 and 368 Muritala Mohammed Way dates back to1991. The Head of the Ogunade Family filed a suit in 2000, before I was called to the Nigerian bar in January 2001. The suit, No. ID/198/2000 – Prince Ogunade & Ors vs Venerable Okunuga & Ors has continued till date. Parties are now on appeal.

(11) We became a tenant in No. 366 Muritala Mohammed Way through the Landlord, Prince Ogunade. We handled some matters for the landlord.

(12) The unfounded, malicious allegation of “collusion” with Prince Ogunade simply because our firm is a Counsel is, to say the least, most wicked.

(13) Ours is a Partnership. I do mostly advisory, research and consultancy. I’m not the Counsel on record in the matter but the wicked Venerable Okunuga has mindlessly singled me out because of my aspiration to be made a Senior Advocate of Nigeria.

(14) If he has criminal allegations against Prince Ogunade or my person, he knows where to pursue same. I’d refrained from taking out suits against him for defamation to avoid beclouding the sense of judgement of the LPPC in respect of his earlier application of 7th October 2020.

(15) There is no truth in the misplaced, wicked and most malicious allegations of Venerable Okunuga. The Ogunade family and its headship have been fighting over Nos. 366 and 368 since 1991 being the properties of their daughter, Late Mrs Morgan (Nee Ogunade). Family dispute over land should ordinarily not be taken personally against a Counsel.

(16) I’m very sure the LPPC is a fair professional institution and will not allow the desperate Venerable Okunuga to again “re-litigate” his misplaced grievances for which I’d been cleared by the LPPC after rigorous scrutiny.

(17) The ethics of the legal profession will not allow me to say or write beyond debunking the unfound allegations of Venerable Okunuga. His transferred aggression is misplaced and had better been directed at the Ogunades.

(18) I remain an applicant before the LPPC. I’ll be unable to say or volunteer further facts or vital documents or exhibits on social media just to show that the allegations of Venerable Okunuga are baseless.

(19) By rules, if the LPPC deems it necessary, I will be contacted to make a formal response to Venerable Okunuga’s renewed allegations for the second time.

(20) In view of the fact that my image and professional reputation is being unjustly maligned publicly, I have contacted my lawyers to do the needful.

Thank you.
Prof. Ganiu Adeyemi Oke, Ph.D, FCArb, FCTI

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FEATURED

SOLAR FOR ALL: CHIEF S. I. AMEH SAN, FCIARB, FICMC IS OUR “STAR CLIENT OF THE WEEK”

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A law firm based in Allen Avenue, Ikeja, Lagos is seeking to hire a Legal Practitioner with core litigation experience.

The suitable candidate must not be above 35 years and must have at least 5 (five) years post-Call experience in litigation.

For details, please see the flyer below.

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Embattled applicant for the coveted rank of Senior Advocate of Nigeria (SAN), Prof. Benedicta Daudu admitted the offence of examination misconduct in Terms of Settlement signed by her and filed in court, her former employer, the University of Jos (UNIJOS) has stated.

Daudu, formerly an associate professor of Law and head of the Department of Jurisprudence and International Law at the UNIJOS Faculty of Law, has come under renewed scrutiny following her shortlisting by the Legal Practitioners Privileges Committee (LPPC) for the final phase of the 2023 conferment exercise. The committee has invited petitions against the shortlisted applicants in line with its rules.

In a disclaimer by the university obtained by CITY LAWYER, it denied apologizing to Daudu over the examination misconduct scandal, adding that the embattled SAN applicant was barred from returning to the university as a staff but permitted to return as a student “having served her punishment of suspension” for the offence.

According to the statement by UNIJOS Registrar, Chief Monday M. Danjem, the Terms of Settlement agreed between the university and Daudu stated that “The University will allow Dr. (Mrs.) Daudu to return to the University as a Student (not as a Staff). This is having served her punishment of suspension for one Academic Session for Examination Misconduct.”

In return, “Dr. (Mrs.) Daudu undertook not to pursue the Appeal filed at the Court of Appeal against the Judgment delivered in favour of the University by the National Industrial Court, Abuja.”

In the clearest indication that the SAN applicant admitted guilt for examination misconduct, UNIJOS stated that “The Terms of Settlement was agreed upon and executed by both Parties and their Counsel and filed in Court while awaiting the Court to adopt same as its Consent Judgment.”

The disclaimer arose following newspaper reports that the university authority had cleared the embattled Law teacher of any culpability in the examination misconduct saga.

The UNIJOS Chapter of the Academic Staff Union of Universities (ASUU had also weighed in on the scandal, aligning with the position of the university authority.

Its Chairperson, Dr. Lazarus Maigoro, had stated that ”Our position is based on the fact that Daudu appeared before the university Senate Committee on examination misconduct and accepted committing the misconduct and was punished accordingly.

“On July 13, 2016, the then Registrar of the University, who was the secretary to Senate, conveyed to Daudu via a memo, the Senate decision suspending her as a student from the institution for one academic session.

“Examination misconduct whether it is a lecturer or a student that is involved is a serious breach of examination ethics that cannot go unpunished.

“Therefore, to say that UNIJOS cleared her of examination misconduct as captured in media publications is not true, and as major stakeholders, our union felt obliged to present the true position.”

CITY LAWYER recalls that Daudu was forced out of the Presidential Advisory Committee Against Corruption (PACAC) when the examination misconduct scandal first emerged. Following her forced disengagement from UNIJOS, she moved to Taraba State University where she was appointed Dean, Faculty of Law.

Below is the full text of the UNIJOS disclaimer.

UNIVERSITY OF JOS
OFFICE OF THE REGISTRAR

REJOINDER ON NEWS PUBLICATIONS TITLED “EXAM MALPRACTICE: UNIJOS CLEARS LAW PROF. 5 YEARS AFTER” PUBLISHED IN VANGUARD NEWSPAPER OF TUESDAY MAY 11, 2021 AND “UNIJOS CLEARS, REINSTATES PROFESSOR DAUDU” PUBLISHED IN THE GUARDIAN OF SUNDAY, MAY 16, 2021.

The attention of Management of the University of Jos has been drawn to a misleading report that has gone viral in the social media and was published in the Vanguard Newspaper of Tuesday May 11th, 2021 on page 6 captioned “Exam Malpractice: UniJos clears Law Prof. 5 years after” and the Guardian of Sunday, May 16th, 2021 captioned “UniJos Clears, Reinstates Prof. Daudu”.

The reports carried a distorted account of a matter that transpired between the University of Jos and one of its former employees, Dr (Mrs) Benedicta Daudu, formerly of the Department of International Law and Jurisprudence, Faculty of Law which the University had amicably settled out of Court. Management wishes to state categorically that the information contained in the said publications are false, baseless and very likely, a deliberate attempt to misrepresent the issues with the intent of embarrassing the University.

The University vehemently dissociates itself from statements from the said publications claiming that Dr (Mrs.) Daudu had been absolved of the allegations of Examination Misconduct earlier preferred against her by the University.

Had the Reporters exercised greater diligence in gathering their information, they would have discovered that the claim that “After five years, the Management of the University of Jos has absolved Professor Benedicta Daudu of the institution’s Faculty of Law from wrongdoing saying the allegation of examination malpractice levelled against her was unfounded” is a complete misrepresentation of the facts of the matter. Indeed, the premise on which the entire report is based is patently deceptive and appears to have been done purposely with the intent of misleading members of the public regarding what had actually happened.

The Reporters, contrary to the ethics of professional journalism, chose to base their entire reports on a document purportedly emanating from the office of the University Registrar, Chief Monday Danjem without the courtesy of giving him an opportunity to respond. Furthermore, whereas there are a number of other documents that contain additional facts on the matter, it appears they either did not want to further interrogate those available facts, or may have kept the full picture from the knowledge of their Editors for reasons best known to them. Whatever their reasons for writing such a one-sided and obviously misleading report, the University wishes to state as follows:

That Dr. (Mrs.) Benedicta Daudu, formerly of the Department of International Law and Jurisprudence, University of Jos enrolled for a Master’s Degree Programme in Research and Public Policy (MRPP) in the 2014/2015 Academic Session, in the Department of Political Science, Faculty of Social Sciences. It was alleged that Dr. Daudu had brought in foreign unauthorized material into the Examination hall which constitutes an act of serious examination misconduct in line with Section 3 of the University of Jos Students’ Handbook. She appeared before the Senate Examination Misconduct Committee and accepted committing the misconduct.

Dr. (Mrs.) Daudu was suspended as a Student for one academic session by the University Senate. She was also suspended as a member of Staff of the University. Consequently, the matter was referred to the Council/Senate Disciplinary Committee for further investigation. However, Dr. (Mrs.) Daudu filed a matter against the University challenging the commencement of disciplinary proceedings against her in the National Industrial Court of Nigeria (NICN), Abuja. As a result, the Council/Senate Disciplinary Committee could not proceed with its investigations until the final determination of the matter in Court. Judgment was delivered on the 17th October, 2019 in favour of the University.

After the Judgment was delivered, Dr. (Mrs.) Daudu was invited to appear before the Council/Senate Disciplinary Committee for her involvement in examination misconduct as a Staff of the University. Instead of honouring the said invitation, she tendered her resignation of Appointment as a Staff of the University dated the 28th November, 2019 and filed another Suit in the same NICN challenging the University’s Council/Senate Disciplinary Committee’s powers to invite her to appear before it, having resigned her appointment. The Court delivered its Ruling in favour of Dr. (Mrs.) Daudu, declaring that, having resigned her appointment as a Staff of the University, the University can no longer subject her to its disciplinary procedures.

Meanwhile, being dissatisfied with the initial Judgment of the NICN Abuja, which upheld her suspension as Staff of the University for Examination Misconduct, Dr. (Mrs.) Daudu appealed against the said Judgment delivered in favour of the University. While her Appeal was still pending, both the University and Dr. (Mrs.) Daudu decided to explore the option of settlement. Consequent upon which Terms of Settlement were drawn up among which it was agreed that;

The University accepts Dr. (Mrs.) Daudu’s resignation and withdraws the Letter of Invitation directing her to appear before the Council/Senate Disciplinary Committee

The University will allow Dr. (Mrs.) Daudu to return to the University as a Student (not as a Staff). This is having served her punishment of suspension for one Academic Session for Examination Misconduct.
Dr. (Mrs.) Daudu undertook not to pursue the Appeal filed at the Court of Appeal against the Judgment delivered in favour of the University by the National Industrial Court, Abuja.

The University agreed to pay Dr. (Mrs.) Daudu all her withheld half salaries that accrued to her while serving her suspension as a Staff.
The Terms of Settlement was agreed upon and executed by both Parties and their Counsel and filed in Court while awaiting the Court to adopt same as its Consent Judgment. Find attached a copy of her Resignation Letter, Certified True Copy of NICN Judgement and the Terms of Settlement between both parties.

From the foregoing and for the avoidance of doubt, Dr (Mrs) Benedicta Daudu was never absolved of wrongdoing regarding the allegation of Examination Misconduct, an allegation which she never challenged in Court and for which she served a period of Suspension as a Student. As the facts would bear out, Dr (Mrs) Daudu only challenged her suspension as a Staff and the invitation to appear before the Council/Senate Disciplinary Committee as a Staff.

Again, there was never a time that the University apologized to Dr (Mrs) Daudu for lawful steps it had taken following her act of serious Examination Misconduct. It is worth noting that Dr (Mrs) Daudu was free to return as a Student of the University’s Master’s Degree Programme in Research and Public Policy (MRPP) having served her Suspension for Two (2) Semesters. Any claims that she was reinstated as a Staff is untrue since she had voluntarily tendered her resignation from the University. This fact was properly captured in the Terms of Settlement between both parties.

In light of the above, the University demands as follows:

The Vanguard and Guardian Newspapers should also as a matter of urgency publish this rejoinder in response to their Newspaper Publication of Tuesday, May 11, 2021 and Sunday May 16, 2021 respectively.

Thank you.

Chief Monday M. Danjem
Registrar

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NEWS RELEASE

Police and the Abuse of Power, Indiscriminate Arrests and Illegal Detention : Renewed Calls on Lawyers to Volunteer as Duty Solicitors Under PDSS

Bayo Akinlade, the then Chairman of NBA Ikorodu Branch speaks more about the initiative:

His words: “PDSS is a unique and effective tool in not only dealing with Indiscriminate arrest and unlawful detention but also in ensuring that the right people are charged, arraigned before the appropriate court and duly prosecuted without violating their personal rights as provided for in the constitution.

“In achieving this, we need Lawyers to take up their roles as protectors of the weak to stand in the gap and rescue vulnerable citizens falling victim to the extortive behaviour of some Police Officers”.

Akinlade, who is the current Publicity Secretary of the Nigerian Law Society, goes on to state that “The Scheme itself is codified in the internal rules of the Nigeria Police called “Force Orders”. The Police itself signed up to this initiative as partners with the Legal Aid Council of Nigeria to implement provisions of the Nigerian Constitution and other local and international laws dealing with the Human Rights.”

Akinlade is the convener of the Duty Solicitors Network (DSN), a group established to support the Legal Aid Council of Nigeria in promoting PDSS and providing support to Magistrates visiting police detention facilities under the Administration of Criminal Justice Act/Law.

He notes: “In my many years of looking at reforms within the Administration of Criminal Justice, I have come to understand that one of the major causes of abuse of police power is the ignorance of the people themselves. In many cases of illegal detention, it is citizens with money and power that use the police to oppress others. These complainants use the appalling financial situation of the individual police officer to induce these police officers to abuse their powers. What we now hope to do through PDSS is to protect both the suspect and the integrity of the Police by having lawyers visit the police detention facilities unannounced.

On how PDSS is funded, Akinlade states that “This is one of the reasons we are now advocating for the provision of the legal aid fund which are monies due to the Legal Aid Council of Nigeria to provide probono legal services for indigent citizens.

“At the moment, DSN gets it’s support from private individuals and other organizations through our direct ‘Donor to Volunteer’ support mechanism. In this regard I am grateful to people like Mazi Afam Osigwe SAN, Prof. Isabella Okagbue, Afolabi Balogun, Justice Reform Project (JRP) and many individuals and organisations for supporting volunteers visiting Police Detention Facilities across the Country.”

On the way forward with PDSS, Akinlade reveals that the Scheme is undergoing a review while it continues to engage with the police to deliver justice to the people.

According to him, “We need the Police to honour their part of the agreement under the scheme by allowing volunteers access to the suspects. While I give kudos to some police officers who honour the agreement, most senior police officers claim they are not aware of the scheme

“It is my hope that our principal actors and stakeholders in the Administration of Criminal Justice will collaborate to make this scheme work to the benefit of all.”

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