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.

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER or for Special Features, please email citylawyermag@gmail.com or call 08138380083.

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.

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

To get an efficient Solar system anywhere in Nigeria with 25 years warranty and “Pay Small Small”, call/chat Solar For All Ltd: 08060266163.

Visit: SolarForAll.ng
(Abuja) Suite A8, Kenuj O2 Mall ,Behind Games Village.
(Lagos) No 113A, Mainland Way, Dolphin Estate, Ikoyi.
(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.

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER or for Special Features, please email citylawyermag@gmail.com or call 08138380083.

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.

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.

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER or for Special Features, please email citylawyermag@gmail.com or call 08138380083.

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.

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.

To view the full article, click here 

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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.

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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 e

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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.

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

 

 

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.

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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.

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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.

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

FEATURED

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

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

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.”

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

NEW RELEASE

The Nigerian Law Society (NLS) and law based civil society group, Duty Solicitors Network (DSN) has called on the National Assembly to make provision for the funding of legal aid for the poor in Nigeria.

In the same vein, the two groups also call on the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN to ensure the establishment of the legal aid fund that will cater for the poor in the society.

In their joint statement signed by spokesperson, Bayo Akinlade, the two groups said that “it is the duty of the National Assembly to set aside funds for the provision of Legal Aid to deserving citizens”, adding that they are ready to fight for what is due to the people and to ensure access to justice.

They stated further:

“With the level of injustice and abuse of power in Nigeria today, many are suffering and do not have access to justice through the courts. This situation has made the poor utterly helpless and even more vulnerable leading to an increase in crime within our communities;

The Courts being the last hope of the common man has become an illusion, nobody believes this anymore hence the new phrase “go to court” if you feel aggrieved because we know you may not even get through its gates talk less of walking within its corridors;

I ask: is this new administration really ready to empower the people as it promises? Is the National Assembly serious about letting the “poor breathe”? Is the Attorney General of the Federation going to live up to his reputation as a man of honour and a protector of the weak? Then let me remind them of what the Law says;

The Legal Aid Act 2011, in line with international standards, provides for the establishment of the legal aid and access to justice fund into which financial assistance would be made available to the Legal Aid Council of Nigeria (LACON) on behalf of the indigent citizens to prosecute their claims in accordance with the Constitution and further to empower the existing Legal Aid Council to be responsible for the operation of a scheme for the grant of legal aid and access to justice in certain matters or proceedings to persons with inadequate resources in accordance with the provision of this Act. (See Part 3 of the Legal Act 2011);

The mandate of the Legal Aid Council of Nigeria is enormous and robust. Established to serve more than 80% of Nigerians living in poverty but guess what? The Council cannot do this job effectively and why? Because it has no funds! There are States in Nigeria for instance that have less than five LACON staff yet they are to serve the legal needs of millions of indigent citizens;

What is the House of Representatives doing, what are our Senators doing that they cannot earmark funds to the Legal Aid Fund that will be used to provide probono legal services to their own constituencies? Why are they focused on palliatives that have no lasting value? Why cant they give our people access to justice by adequately funding and supporting our Justice delivery sector;

The Legal Aid Council of Nigeria is no doubt well placed to deliver justice to the people and it is this belief that the Nigerian Law Society in collaboration with Duty Solicitors Network will initiate a campaign to establish this legal aid fund;

We therefore appeal to our leaders and especially to the Attorney General of the Federation, Prince Lateef Fagbemi SAN to ensure that the Legal Aid Fund is set up and running. We also appeal to well-meaning Nigerians and other Human Rights groups to demand that the Legal Aid Fund is activated and utilized”.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

A reputable law firm based in central Lagos (TBS axis) requires Legal Practitioners with:

• 2-3 years post-call experience or

• 5 years and above post-call experience.

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

Candidates with a minimum of Second Class Honours grade are encouraged to apply.

The salary is competitive and in accordance with industry standards.

Interested candidates should send their CV to legaljobs77@gmail.com.

VERY IMPORTANT: Please ensure that the SUBJECT reads “LITIGATION LAWYERS WANTED IN LAGOS FIRM.”

Only shortlisted candidates will be contacted.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

NEWS RELEASE

Mazi Afam Osigwe, SAN, Addresses Land Use Act & Environmental Degradation at the 2023 Law Awards Gala

The prestigious 2023 Law Awards Gala was held today, drawing the legal luminaries of the nation to a grand gathering. Amidst the glitz and glamour, one speech stood out – Mazi Afam Osigwe, Senior Advocate of Nigeria (SAN), addressed a vital and pressing issue: the Land Use Act and Environmental Degradation. This gala was not just an occasion to celebrate legal excellence but also an opportunity to shed light on critical societal concerns.

The Law Awards Gala is an annual event that brings together lawyers and nominees who have demonstrated exceptional dedication, expertise, and commitment to their legal profession. It’s a night to celebrate their accomplishments and contributions to the legal landscape.

Mazi Afam Osigwe, a renowned Senior Advocate of Nigeria, has long been known for his legal acumen and unwavering commitment to justice. He has taken on numerous high-profile cases throughout his career and has been a vocal advocate for legal reforms. His presence at the gala added prestige to the event.

Mazi Afam Osigwe’s speech focused on the Land Use Act, a pivotal piece of legislation in Nigeria’s land ownership and management framework. The act, which dates back to 1978, has been a subject of debate and critique over the years. Osigwe delved into the complexities of the Land Use Act, highlighting its impact on land tenure, property rights, and environmental concerns.

One of the key facets of Osigwe’s speech was the connection between the Land Use Act and environmental degradation. He emphasized how certain provisions of the act could contribute to unsustainable land use practices and, consequently, environmental degradation. Osigwe’s compelling arguments shed light on the need for a reevaluation of existing land policies in the context of environmental sustainability.

Mazi Afam Osigwe did not limit his speech to criticism. He issued a call to action to legal professionals and policymakers, urging them to consider reforms to the Land Use Act that would align it with modern environmental and sustainability standards. His passionate plea resonated with the gala’s attendees, many of whom are influential figures in the legal and political spheres.

The 2023 Law Awards Gala was more than just an evening of recognition; it was an opportunity to address critical issues facing the legal and societal landscape. Mazi Afam Osigwe’s speech on the Land Use Act and its ties to environmental degradation left a lasting impact, inspiring further discussions and potential reforms in land management policies. As the legal community continues to strive for excellence, it also carries the responsibility of contributing to a just and sustainable future for all Nigerians.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

ABRIDGED CHAIRMAN’S REPORT ON THE ACTIVITIES OF SPIDEL FROM 2021 TO 2023.

PROTOCOLS

Gentlemen prior to my election as the Chairman of NBA-SPIDEL, I was appointed as the Chairman of Conference Planning Committee of the Section which took place at Ibadan, Oyo State. The Conference with a theme of “The Role of Public Interest in Governance in Nigeria” was held from 23rd of May to 26th of May, 2021. There were several sub- themes all meant to address Nigeria’s governance issues and enhancing the skill of public interest lawyers on public interest lawyering. The speakers were notable public officers like the Chief Justice of Nigeria ably represented by Justice Eko Ejembi now Retired. We had two serving Governors, Their Exellencies Seyi Makinde of Oyo State and Bala Mohammed of Bauchi and one former Governor, Senator Rochas Okorocha. We had over 50 internationally acclaimed speakers and the conference was regarded as A class conference.

In an election that year which had the current Chairman as the Electoral Committee Chairman, a new Council emerged headed by my humbleself!

As a brand new Chairman with new Council Members of the Section we had a plan to take the annual conference then to Sokoto since the last conference was in South West of Nigeria. The Sokoto State Government and the lawyers of Sokoto were upbeat about the conference. We were already finalising plans for the conference when news broke out about the unfortunate murder of Lady Deborah Yakubu, a female Student of Shehu Shagari College of Education. The innocent lady was beaten and stoned before she was set ablaze by irate mob comprising of her male colleagues of the said college.

Her killing sparked outrage and condemnation across the country, Nigerians asking the government to fish out the perpetrators of the heinous crime.

NBA became deeply worried not just by the chilling news of the murder of Miss Deborah Yakubu, but also by the sudden and sad news of some Youths who took to the streets creating more tense situation by burning and causing chaos thereby leading to deteriorating security situation in the State.

In the light of the above, the NBA-SPIDEL Council came to a painful decision to request from the then President, Mr. Olumide Akpata that the 2022 annual conference in Sokoto State be postponed not only for the safety of our conferees and guests but as a mark of respect for the memory of the slain Miss Deborah Yakubu. This request was swiftly acceded to by the President and the conference was subsequently postponed indefinitely with a demand that the persons who committed this heinous act be fished out and punished accordingly.

It is sad to report that up till now neither the Federal Government nor the State Government has arrested the real culprits let alone prosecuting them. The blood of Deborah is in the grave but crying for vengeance.

Later in the year 2022, August to be precise, the NBA-SPIDEL Council rescheduled the Annual Conference to hold in Abuja with a theme “The Undermining of Judicial Authority in Nigeria” The key note address was delivered by Hon Justice Inyang Okoro of the Supreme Court of Nigeria.

The A list speakers included the then Acting Chief Justice of Nigeria ably represented by Hon Justice Uwani Abba Aji of the Supreme Court, The President of National Industrial Court, Hon Justice Benedict Kanyip, Chief Mike Ozekhome SAN, Mr Femi Falana SAN, The former AGs of Lagos and Abia States, our Dr Tony Ojukwu SAN, Chief Kanu Agabi SAN, Dr Muiz Banire SAN, Mr Babatunde Ogala SAN, Dr Sam Amadi, Dr Uju Agomoh, Prof Paul Ananaba SAN etc.

Several sub-themes all bothering on the problems of the Judiciary were dissected and solutions profered as remedies to the ills plaguing the judiciary generally.

Just like the Ibadan Conference, the Abuja Conference ended with a communique that was widely publicised in both print and electronic media.

The last conference under my administration was just the recently concluded annual conference held in Lagos State, the centre of excellence. The highly discounted and grand annual conference held in Ikeja Lagos State attracted the creme la creme in the political circle and legal profession. The Conference held from 20th of June to 23rd of June, 2023 was with a theme ” Post Election Nigeria: The Judiciary in the eye of the Storm”

The choice of the topic was deliberate in the light of the present mood of our dear country, post national elections. As we are public interest Advocates, our duty is to constantly remind the judiciary of the daunting task ahead and the need for them to ensure substantial justice and to help set the tone as watchdogs of Justice delivery.

Femi Falana was the Keynote Speaker. Others were Hon Justice Amina Augie ably represented by Hon Justice Ipaye, Prof Ojukwu SAN, Tony Ojukwu SAN, Boma Ozobia SAN, Hon Justice Taiwo Taiwo Retired, Olumide Akpata, Austin Alege SAN, Samson Itodo of Yiaga Africa, Prof Nnamdi Obiaraeri, Moyosore Onigbanjo SAN, Senator Darlington Nwokocha and the governors of Lagos and Abia States.

The conference ended on a beautiful note with a classical dinner that had surplus food and drinks for the conferees.

The last day witnessed a new election that produced the new leadership made up of capable men and women that are ready to take the Section to a new and better level in Jesus name.
As usual a communique was issued, read and widely published.

In between these annual conferences, the Section held some other important programs for the entrenchment of proper enlightenment on public interest issues for good governance in NBA and the country generally.

When exparte orders and forum shopping became disturbing trend that painted the legal profession in the bad light, we rose to the occasion and held a Webinar Event that had a retired Justice of the Supreme Court Hon Justice Rhodes Vivour, Former President of NBA Mr J.B. Daudu SAN, Lateef Fagbemi SAN, current AG of Nigeria, Justin Anayo Offiah SAN, Olumide Akpata the then NBA President, Ondo State Governor Rotimi Akerodolu SAN in attendance. They agreed that this abuse is usually rampant in election cases especially in pre election matters. They all condemned the abuse and variously prescribed punitive measures to stem the tide. This event took place in 2021.

In 2022 we held a Townhall meeting on the justiciability of Socio economic rights provided under Chaper Two of the 1999 Constitution as Amended

The hybrid summit had the theme Justiciability of Chapter Two of the 1999 Constitution, Pragmatic Measures for Government Accountability. The event was Chaired by Hon Justice Helen Ogunwumiju of the Supreme Court. It had the then Chief Judge of Abia State Hon Justice Onuoha Ogwe, Hon Luke Oniofok, Chairman House Committee on Judiciary, Mr Suleiman Usman SAN, Sokoto then AG, Olawale Fapohunda SAN, the then Ekiti State AG. The then President Mr Olumide Akpata was too keen on this subject and did everything to ensure the success of the program. Mr Femi Falana SAN again was the Lead Presenter on the topic.

After the brainstorming event, it was generally accepted that for the human rights entrenched in the constitution to be meangful, socio economic rights must enjoy the same legal recognition of justiciability as have been done in some countries like India and other Asian countries.

Finally, I recommend that the new Exco should look towards conveying a town hall meeting on dealing with some of the legal Impediments bedeviling public interest litigations in our judicial system. One of the notable principles is the obnoxious principle of Locus Standi which the courts in Nigeria have religiously used to deny public interest litigants seeking accountability, respect to rule of law and good governance access to courts.

This Townhall must have judges of the Federal High courts in large numbers as they remain the greatest culprits with this principle. Despite that the Supreme Court has magnanimously set a breaking record of reversing the earlier rigid position as established in Abraham Adesanya’s case in the latest case of NNPC Vs Centre for Oil Pollution Watch, our courts at the lower levels are still stock with the primitive position that courts should interrogate the status of a messenger rather than the message.

We need to stop the bad behaviour of our judges in this regard by the sensitisation that I recommend that NBA-SPIDEL should spearhead.

Thanks and God bless the New Exco and the members of NBA-SPIDEL. Take it from me, if you believe and work towards it, YOU WILL ALL MAKE HEAVEN.

Dr. Ubani Monday O.
Former Chairman of NBA-SPIDEL

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

FEATURED

NBA AGC 2023: Solar For All Ltd Opens Exhibition Stand at the M.K.O Abiola Stadium; announces two years “pay small small” option and lots of gift at their stand.

Financing for Solar Solution provided by Sterling Bank Plc

Solar For All Ltd (NBA AGC 2023 Solar Exhibitor) welcome all conferees to the 2023 Annual General Conference of the Nigerian Bar Association.

Enjoy your stay in the beautiful City of Abuja.

Visit our Exhibition stand to learn more about the Solar Technology, how you can have steady power to boost your productivity/Practice and save at least 50% of your current Power-cost.

Call/Chat: 08060266163
Visit: SolarForAll.ng

Abuja address: Suit A8 Kenuj O2 Mall, Behind Games Village Abuja.

Lagos: 113A, Mainland Way, Dolphin Estate, Ikoyi Lagos.

Enugu State: Ehalumona Junction, Nsukka Enugu State.

Available to existing and new sterling Bank customers Nationwide.

Download the Whova App to view our Exhibition boot.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

FEATURED

MAZI AFAM OSIGWE, SAN, DELIVERS KEYNOTE ADDRESS AT THE SUMMIT OF THE STUDENTS’ REPRESENTATIVE COUNCIL, NIGERIAN LAW SCHOOL, ABUJA

The Students Representative Council of the Nigerian Law School yesterday welcomed a distinguished guest to its stage, Mazi Afam Osigwe, SAN. He delivered an inspiring Keynote Address at the “Millennial Lawyers: Advancing into Legal Practice” summit.

Mr. Osigwe’s words resonated deeply with all the aspiring lawyers in the audience, highlighting the paramount importance of innovation and collaboration in the legal profession. His insights shed light on the ever-evolving landscape of the legal world and how the millennial generation has the incredible opportunity to drive positive change through these values.

In a rapidly changing world, being innovative is no longer just an option – it’s a necessity. Mr. Osigwe urged young legal minds to think outside the box, embrace new technologies, and find creative solutions to complex legal challenges.

Equally significant was his emphasis on collaboration. The legal practice today extends beyond individual efforts, demanding strong teamwork and partnerships to navigate intricate cases successfully. The summit attendees were reminded that by pooling diverse talents and perspectives, millennial lawyers can forge a stronger, united front in the pursuit of justice.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

CITY LAWYER AGENDA FOR JUSTICE SECTOR REFORM SERIES

Nigeria’s justice sector is beset by a myriad of challenges ranging from delay in administration of justice to heavy dockets that confront increasingly overworked judicial officers.

Other issues include lack of judicial autonomy and inadequate resources, poor investigation, overhang in the awaiting trial population and low level of adoption of technology and innovation, to name a few.

Against the backdrop of these longstanding challenges and the swearing-in of a new Attorney General and Minister of Justice, CITY LAWYER asked eminent Bar Leaders and justice sector stakeholders to plot a blueprint on the priorities to be tackled by the new Chief Law Officer.

We kick of the Series with proposals from former Nigerian Bar Association (NBA) President and Chairman of the NBA Board of Trustees, Dr. Olisa Agbakoba SAN, OON.

URGENT TASKS FOR THE ATTORNEY GENERAL OF THE FEDERATION

There are pressing tasks to be carried out urgently by the new Attorney General of the Federation. Major reforms of the criminal justice system with particular reference to the utter confusion in the duplicated work of our law enforcement agencies in particular EFCC and ICPC is urgently needed. Also there is need to unbundle EFCC and restrict them to investigation only while a new National Prosecution Agency ought to be established.

Another key reform would be a complete decentralized Police Force at local state and Federal levels. Major revamp of our outdated laws is urgently needed to follow the Rwanda example that modified 1000 laws. Last but not least the AGF must work on Speed of Justice. It’s a crying shame it takes upwards of 15 years to conclude cases from the High court to the Supreme Court.

Finally but not exhausted is to create sector specific dispute resolution Agencies to free up the utterly cluttered dockets of the regular courts.

The other very important task before the Attorney General will be the unnecessary and wholly inefficient matter of over centralization of our superior courts. There is no better time than now to hack down the highly centralized Court systems in Nigeria. The AGF is invited to consider major constitutional amendments to create a system of Federal and State Courts. State Courts ought to have exclusive Jurisdiction over matters related to them. This is also the case for Federal Courts whose Jurisdiction must be limited to Federal causes. This will free up the Clutter at the Supreme Court and make it the Policy Court it ought to be in the first place

We have a Brilliant AGF in Lateef Fagbemi SAN. I am convinced this will be a simple task for him. He is a very good colleague and I have the highest confidence in his abilities.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

The management of Joycare Greater Scholars Staff School, Lagos has debunked what it termed “Defamatory Campaign and Blackmail” against the school.

According to a statement signed by the Administrator of the school, Mrs. Margaret Oyesanya, “Over the past four months, a couple, Mr. and Mrs. Olusola have launched media campaign of blackmail against Greater Scholars staff school and Greater Scholars International Nursery & Primary and Secondary Schools, in Lagos.”

The school’s management also owns Greater Scholars International Nursery, Primary and Secondary schools. The statement is titled “Defamatory Campaign and Blackmail against Joycare Greater Scholars Staff School and Greater Scholars International Nursery & Primary and Secondary Schools.”

It states that the couple “alleged that their four-year old female child was sexually assaulted by a security staff of Greater Scholars staff school,” adding that “This allegation is unfounded, meritless, and is now a subject of litigation awaiting Lagos State Director of Public Prosecution’s (DPP’s) Advice.

“As a school, we take seriously the protection, safety, and well-being of our pupils. However, the staff against whom this allegation is made have strongly denied the allegation. The innocent 4-year-old child in question was never sexually assaulted by a staff of the school.”

The school’s management alleged that “The defamatory campaign launched in the media by Mr. and Mrs. Olusola and their shadowy surrogates are intended to blackmail the school and extort money.”

Giving more insight into the issue, the school notes that “The incident is alleged to have happened at the ‘Staff school’ facility which is entirely a separate location from Greater Scholars international Nursery, Primary and Secondary School, but Mr. & Mrs. Olusola for the past four months continue to misrepresent the facts in social media and in the mainstream media.”

It alleged that the motive of the parent’s “are to influence the outcome of the investigations and prejudice the minds of parents and the public at large,” adding that “They shall fail in their deceptive propaganda to force the school to reach settlement of any sort.

“Rape and child defilement are serious issues and should never be used as a ruse by manipulative parents to blackmail schools and extort money from individuals, as we are witnessing in the baseless claims of Mr. and Mrs. Olusola.

“We therefore urge the general public to beware of the desperate antics of Mr. and Mrs. Olusola, who have variously used the 4-year old child in question in their media campaign antics, including posting pictures of the child and using the child’s voice, thereby exposing the child to abuse.”

The school’s management urged “law enforcement agencies and the Domestic and Sexual Violence Agency, (DSVA), Ministry of Youth & Social development to urgently consider filing an application for Emergency Child Protection Order for the 4 year old child in question.”

Noting its commitment to “continue to cooperate fully with the police, the Lagos State Ministry of Justice, and other agencies of government to unravel the truth and expose the dubious activities of Mr. and Mrs. Olusola,” the management vowed that it is “committed to safeguarding the best interest of the child and implement the rights of the child as prescribed in the Child Rights Law of Lagos State 2015.”

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

There is no contempt suit against FBN Holdings Plc or its officials before the Federal High Court sitting in Lagos, a Senior Advocate of Nigeria (SAN), Mr. Mutalubi Ojo Adebayo, has told CITY LAWYER.

Adebayo, who is the firm’s lawyer, said reports alleging that the court adjourned till August 23 to hear a motion seeking to commit officials of FBN Holdings Plc to prison for alleged contempt of court were incorrect.

According to the senior lawyer, what the court adjourned for was to hear all pending applications in the suit filed by three aggrieved shareholders of the company. The shareholders/applicants are Olojede Adewole Solomon, Adebayo Oluwafemi Abayomi, and Ogundiran Emmanuel Adejare.

The applicants had obtained an order of court restraining FBN Holdings Plc from proceeding with its annual general meeting (AGM) on Tuesday, August 15. They also filed Form 48 titled “Notice of consequences of disobedience to order of court”

But FBN Holdings said it was not in contempt. The company said it had filed and served on the petitioners the necessary processes and Notice of Appeal challenging the order and seeking that same, as well as the entire proceedings, should be set aside.

According to the company, this paved the way for the AGM to proceed on August 15, as earlier scheduled.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

Former Supreme Court jurist, Justice Mary Ukaego-Peter Odili; Past President of the Nigerian Bar Association (NBA) and immediate past Chairman of the Body of Benchers, Chief Wole Olanipekun SAN; Minister of Justice and Attorney-General of the Federation designate, Prince Lateef Fagbemi SAN, and Minister of Education designate, Prof. Tahir Mamman SAN are expected at Chief Joe-Kyari Gadzama SAN’s colloquium and book launch.

The two-pronged event is to mark the silver jubilee of Gadzama’s conferment with the coveted rank of Senior Advocate of Nigeria (SAN).

The theme for the colloquium is ”The Nigeria of our dream: A call to the patriots.”

Other dignitaries designated as “Royal Father of the Day” are Abubakar Ibn Umar Garbai Al-Amin El-Kanami CFR FNSE, Shehu of Bornu; His Imperial Majesty, Oba (Dr.) Aladetoyin O. Aladelusi CFR, Deji of Akure Kingdom, Ondo State; His Royal Highness, Alhaji Ibn Ismaila Mamza 11 , Emir of Uba, Borno State; His Royal Majesty, Igwe Dr. Robert C. Ezeh (Okofia VI), Igwe of Ukpo Ancient Kingdom, Anambra State.

The event is scheduled as follows:

Date: Friday, September 1, 2023.
Time is 10am
Venue: Hon. Justice S.M.A Belgore Hall, ground floor, J-K Gadzama Court. Plot 1805 Damaturu Crescent by Kabo Way, off Ahmadu Bello Way, Garki 11 Abuja.

VIRTUAL PARTICIPATION: LINK to register – https: //shorturl.at/ppQ12
PHYSICAL PARTICIPATION: BY CARD INVITATION ONLY.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

The President of the Nigerian Bar Association (NBA), Mr. Yakubu Maikyau SAN has urged board members of the newly inaugurated NBA Human Rights Institute (NBA-HRI) to promote rule of law, saying the members have the expertise to deliver on the mandate.

Inaugurating the board today at NBA headquarters, Maikyau stated that “the Board, which is now saddled with the management of the NBA-HRI, has the competence and expertise to deliver on this mandate.”

He urged the Board members “to appreciate the fact that the legal profession is best positioned to ensure the enhancement of human rights in Nigeria and that the protection of human rights is at the core of the objectives of the NBA, an objective the NBA-HRI under their care is expected to pursue with vigour and commitment.”

The NBA President also approved the continuous occupation by the Institute of the wing of the former NBA Secretariat in Garki, Abuja named after former NBA President and Governor of Ondo State, Arakurin Oluwarotimi Akeredolu, SAN.

Responding on behalf of the Board members, its Chairman and respected human rights activist, Mr. Chinonye Obiagwu SAN thanked the NBA President for the appointment and assured that it “would dutifully deliver on its mandates, even as the Institute is poised to improve on its research and training capacity.”

According to a statement made available to CITY LAWYER by the NBA Publicity Secretary Akorede Lawal, the inauguration ceremony was attended by Prof. Joy Ezeilo, OON, SAN; Mr. Usman Ogwu Sule SAN, former NBA Welfare Secretary and other members of the Board. Also present was Mrs. Linda Rose Bala, NBA 1st Vice President.

It is recalled that Maikyau had by a notice issued on August 4, 2023 reconstituted the NBA-HRI Board. The Board had immediately set to work by holding its first meeting after the inauguration at the NBA House.

NEWS RELEASE

NBA CONDOLES WITH THE FEDERAL HIGH COURT OVER THE PASSING OF HON. JUSTICE MALLONG

The President of the Nigerian Bar Association (NBA), Mr. Yakubu Chonoko Maikyau, OON, SAN, has expressed sadness over the news of the death of Hon. Justice Hoommuk Peter Mallong of the Federal High Court. Until his lordship’s demise on Sunday, 30 July, 2023, Justice Mallong was presiding at the Kaduna Judicial Division of the Federal High Court.

Justice Mallong has been described as a versatile, fair, brilliant and hardworking jurist.

The NBA President commiserates with the Chief Judge of the Federal High Court, Hon. Justice John Tsoho, the Government and People of Plateau State, friends and family of Hon. Justice Mallong over the passing of his lordship and prays that the Almighty God comforts his family and friends.

Akorede Habeeb Lawal
National Publicity Secretary

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

Award-winning author, Chimamanda Adichie, joined the presidential candidate of the Labour Party (LP), Peter Obi; and his running mate, Datti Baba-Ahmed at the Presidential Election Petition Court on Tuesday in Abuja.

Meanwhile, reports monitored by CITY LAWYER showed that the Presidential Election Petition Tribunal around 5 pm today reserved judgment in the petition filed by Obi and Labour Party, even as the lawyers for all the parties made submissions in adopting their final addresses before the tribunal.

Among the lawyers present at the tribunal are Chief Wole Olanipekun SAN, Dr. Livy Uzoukwu SAN, Prince Lateef Fagbemi SAN and Mr. Abubakar Mahmoud SAN.

Obi and Baba-Ahmed are challenging the victory of President Bola Tinubu of the All Progressives Congress (APC) in the February 25, 2023 poll as declared by the Independent National Electoral Commission (INEC).

The Tribunal is set to resume hearing in the adoption of written address by LP and Obi.

The petitioners — LP, Obi; the Peoples Democratic Party (PDP) and its flag bearer, Atiku Abubakar — are praying for the nullification of Tinubu’s victory in the February 25 poll. CHANNELS TV reports that they are both praying to be named the winner of the election, or that a rerun to be conducted.

The parties filed and exchanged their final written addresses with the last being Tinubu’s reply on July 24 to the final written address by Atiku and the PDP.

Chimamanda Adichie seen with Peter Obi and Yusuf Baba Ahmed at the Presidential Election Petition Court.

Una go explain tire no evidence 🙌 pic.twitter.com/xumEOt0vNG

— Azlan of The Confluence 🇳🇬 (@Shaibu_AO) August 1, 2023

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

Governor Otti Commiserates With Families Of Slain Police Officers In Aba, Condemns Reprisal Attacks

Abia State Governor Alex Otti has vowed that his government would track down the gunmen who killed two police operatives attached to Abia State Commissioner for Commerce, Trade and Investment, Dr. Chimezie Ukaegbu.

In a statement made available to CITY LAWYER, Governor Otti who is increasingly gaining popularity as an “Action Governor” due to his developmental strides, said that his government “views the attack on the innocent police officers by yet to be identified gunmen as cruel, unjust and highly provocative and should be condemned by all men and women of good conscience.”

He however “condemned in strong terms the reprisal attack allegedly carried out by some police officers against some innocent citizens in the city of Aba earlier today, describing it as lawless and counterproductive, since such victims have not been proven to be directly or indirectly involved in the attack that led to the death of those two Police Officers.”

Below is the full text of the statement.

GOVERNMENT SPECIAL ANNOUNCEMENT

GOVERNOR OTTI COMMISERATES WITH FAMILIES OF SLAIN POLICE OFFICERS IN ABA, CONDEMNS REPRISAL ATTACKS

The Governor of Abia State, Dr. Alex Otti, OFR has on behalf of Abia State government commiserated with the families of the innocent Police Officers killed in Aba on Tuesday 25th July, 2023 while on a legitimate duty with the Honourable Commissioner for Commerce, Trade and Investment, Dr. Chimezie Ukaegbu.

Governor Otti says that government views the attack on the innocent police officers by yet to be identified gunmen as cruel, unjust and highly provocative and should be condemned by all men and women of good conscience.

In the same vain, the Governor has condemned in strong terms the reprisal attack allegedly carried out by some police officers against some innocent citizens in the city of Aba earlier today, describing it as lawless and counterproductive, since such victims have not been proven to be directly or indirectly involved in the attack that led to the death of those two Police Officers.

The Governor on getting to know about today’s reprisal attacks immediately got the Police authorities to withdraw the Officers from the affected areas which paved the way for the return of peace and normalcy in the area. Governor Otti assures that his government would do everything within its powers to ensure that the killers of the Police Officers and their sponsors are brought to justice and that those Police Officers who took laws into their hands by brutalizing innocent citizens and destroying people’s properties are also made to face the law. He insists that two wrongs can never make a right.

Finally, the Governor has also promised to ensure that adequate compensation is paid to the families of the slain Officers and to innocent citizens who were brutalised and their properties destroyed. Credible intelligence has revealed the possible source of the attack and the security forces have already swung into action to route out all forms of criminality in the state. He therefore called on Abians to go about their legitimate businesses without fear, assuring them that his government would continue to place priority on the welfare and security of all Abians.

Ferdinand Ekeoma
Special Adviser
(Media and Publicity) to the
Governor
26-07-2023

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

A Lagos State High Court presided over by Justice Adedayo Oyebanji has awarded N10 Million in general damages against Mak & Mak Limited, an engineering and construction company, over the death of Mr. Charles Chidi Obinweugo while working on its premises. The sum was awarded for the resultant loss of support for Mr. Obinweugo’s widow, children and aged mother.

The deceased died on 7th March, 2018, after the defendant engaged him to repair a Benut 500 piling crane machine at the company’s premises as a technician. He fell to the ground from the 40 feet high crane and broke his skull. The medical report indicated that he died of cardiopulmonary arrest as a result of severe head injury sustained from the fall.

The deceased’s dependents filed Suit No. LD/ADR/2108/2018, Mrs. Juliana Alioma Obinweugo & Anor. v Mak & Mak Limited, claiming N50 Million in general damages.

Their counsel, Chijioke Emeka, SAN, argued that the company owed a duty of care to provide the deceased with required safety kit and ensure that he was fully kitted before embarking on the job. Against the defence that kits were given to him, claimants relied on the principle of res ipsa loquitor (the fact speaks for itself).

It was argued that the claimants had suffered psychological trauma and unmitigated loss as a result of the death of the breadwinner of the family who left behind a widow, three young children, an aged mother and other dependents.

The defendant-company countered, contending that the defendant provided safety kits but the deceased failed to use them. It argued that the deceased died due to his negligence, having gone up the crane without kits. The defendant contended that it commiserated with the family and assisted them towards burial costs.

While the deceased’s widow and elder brother, Pastor Godwin Obinweugo testified for the claimants, the defendant’s maintenance manager, one Anthony, testified as DW 1.

In its judgment, the Court held that the defendant was negligent in not ensuring that the deceased used safety kits before climbing up the crane within the defendant’s premises and under its full control.

It found DW1 not to be a witness of truth, having contradicted himself during cross-examination. It noted that while the witness stated in his written testimony that the deceased failed to use provided kits, he testified in court that the deceased went up kitted, and then was found dead without the kits. The court held that the police report supported that the deceased died without kits.

Justice Oyebanji held that the defendant breached its duty of care to the deceased, although he was contributorily negligent for not using the kits. The Court therefore found that the deceased’s widow, three young children and aged mother suffered damage as a result of his death and awarded N10 Million in general damages, post judgment interest of 10% per annum until full liquidation of the judgment sum; and N500, 000 as costs of the suit.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

J-K Gadzama LLP held its annual Moot and Mock Trials for the 2023 Nigeria Law School Externs as part of its continued efforts to mentor young and upcoming lawyers

The J-K Gadzama LLP law firm under the leadership of foremost Bar Laeder, Chief Joe-Kyari Gadzama SAN, held its 2023 Moot and Mock trial competition for externs from the Nigerian Law School.

The competition is in fulfilment of the commitment by Gadzama to give back to the Legal Profession and invest in the future of the profession, having commissioned the Hon. Justice Nikki Tobi Moot Court to provide an avenue for Nigerian Law School students and students from various universities to participate in Moot and Mock trial competitions.

The Moot Trial Competition was presided over by Hon. Justice Rakiya B. Haastrup, Justice of the National Industrial Court. The competition also witnessed the presence of distinguished and prominent guests such as Mela Audu Nunghe SAN, Mr. Daniel Tela (the secretary of the Body of Benchers), Dr. Beatrice Shuwa and Dr. Emmanuel Olowononi, both serving lecturers at the Nigerian Law School.

The Court proceedings were handled by 6 (Six) externs, out of the 20 externs posted to J-K Gadzama LLP for their Mandatory Chamber Attachment from Nigerian Law School – divided into two teams for the Claimant and the Defendant. The Claimant’s team was represented by its lead counsel, Maryam Mohammed, alongside Anieobiongo Offonmbuk Moffat and Aisha Bala. The Defence team was represented by its lead counsel, Araka Anyakora, alongside Zainab Abdulsalam, and Ennah Zagi.

The host, Gadzama appreciated the speakers and special guests for honouring the invitation and taking out time encourage and impact the lives of the lawyers to be. He intimated the audience that it was the firm’s custom and practice to organize a Moot and Mock trial yearly for Nigerian Law School Students and also for law students of various universities to enable them to learn the practical and ethical aspects of court practice.

Out of passion for the development of upcoming lawyers, the Moot Court was named after his Lordship, Hon. Justice Nikki Tobi JSC (of blessed memory), a former Dean of Law to Chief J-K Gadzama SAN at the University of Maiduguri, his revered alma matter. He further stated that the Court was to be utilized for trial competitions and for free. He expressed his admiration for the Nigerian Law School externs stating that they had performed considerably well and this was no doubt a testament to the efforts of their lecturers at the Nigeria Law School.

The competition which lasted for about 3 (three) hours was televised and also delivered via virtual link for Law School Externs all over to witness and follow the proceedings.

The Secretary to the Body of Benchers, Mr. Daniel Tela Esq., on behalf of Mary Peter-Odili CFR, Chairman of the Body of Benchers, commended the efforts of Chief J-K Gadzama SAN in his bid to impact young and upcoming lawyers to be citing this among many other reasons for the appointment of Chief J-K Gadzama SAN as the Chairman of the Pioneer Mentoring Committee of the Body of Benchers.

Dr. Beatrice Shuwa and Dr. Emmanuel Olowoloni, lecturers from the Nigerian Law School, Abuja Campus also expressed their profound gratitude to the firm and its Founding/Principal Partner for organizing the exercise and for the opportunity granted to the Nigerian Law School Externs to participate in the academic yet rewarding exercise.

Mela Audu Nunghe, SAN also commended the efforts of Chief J-K Gadzama SAN for his large heart towards mentorship and tutelage ,being a long-standing friend of the Law firm and the Law School Externs as well as citing their performance as outstanding and reflective of their commitment to excel in their studies.

The firm’s Dispute Resolution Head and Partner, Darlington Onyekwere Esq., also commended the Law School Externs who participated in every capacity. He noted particularly the zeal and preparation with which they handled the proceedings and he cited that this was a clear indication that they will no doubt succeed in the legal practice.

Hon. Justice Rakiya B. Haastrup in giving the closing remarks commended Chief Joe-Kyari Gadzama, SAN for his tireless effort in ensuring the mentorship of young and upcoming lawyers and lawyers to be. She further commended the Law School Externs stating that they had done excellently well and outperformed beyond expected. She expressed surprise that they were only students from the Nigerian Law School on externship at the firm. She emphasized the fact that their performance was a reflection of the undeniable fact that they had indeed garnered the requisite practical knowledge as intended by the Nigerian Law School.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

In this piece, DESTINY OGEDENGBE, a double First Class graduate who recently completed a Master of Laws degree at Harvard Law School, urges young lawyers to adopt a flexible approach to their career choices in order to gain new insights that may recalibrate their perceptions

CAREER DECISIONS ON PREFERRED LEGAL PRACTICE AREAS BY YOUNG LAWYERS AND STUDENTS: MAKING A CASE FOR CLARITY OVER HASTE

Today’s legal practice is utilitarian. It requires us to approach it with a socio-economic understanding, and this also means that to be a good law professional, one’s knowledge of law must necessarily conform with and be creatively applied to solve real issues to which clients are confronted. Law has arched into wider circumferences. The current landscape of legal practice is different from the terrains on which our ancestors traversed in yesteryear. In the ‘60s and ‘70s, to be a lawyer did not require much. Armed with the Queen’s License, a Gown and the Lawyer’s Remembrancer, the best lawyers were simply those who mastered the art of proffering complex legal arguments to befuddle and astonish their clients, those who understood the language of conveyancers, the clauses in a contract, or those who knew how to utilize the legalese of the constitutionalists. Law has morphed over the years controlling systems and institutions in a more advanced manner and responding to a wider collection of socio-economic, socio-legal and political needs and with this new, vast areas of legal practice have emerged. These changes we witness today in the practice of law have altered perspectives and approaches so much that lawyers – both the old wigs and the greenhorns – are in an ever-increasing need for clarity in their chosen career paths to meet up to speed or stay consistently progressive in practice.

In recent times, there have been many events and awareness packages focused on helping law students and lawyer alike, to chart their career paths for themselves, become more sensitized about how much more there is to explore in the legal market apart from Disputes Resolution. This work therefore focuses on a major decision that lawyers make very early into their careers as legal professionals, sometimes even as law students while they are yet to graduate – the decision of which career path they should navigate into or which areas they should deem as “core areas of practice” in preference over others.

Very often, we find law students on their social media platforms displaying interests in areas such as Fintech Law, Entertainment Law, Energy, Taxation or Maritime, sometimes without really knowing jack about these areas; some of these areas are yet to be developed by laws in Nigeria. This may be a good thing. In most circles, there is the subtle dismissal that graduating law students or new wigs get when it appears that they still have not found an area of practice to devotedly align with – they appear clueless about legal practice. So, the effect is that not a few students quickly find a fancy aspect of law to subscribe to, concentrate on and ultimately align with as their prized areas of practice. Despite all the advantages this could have, this work intends to deepen the perception of these early debates on career paths and nearly impulsive career decisions by exposing some negative effects to it, without trying to disprove that indeed, there are fair instances of students blessed with the fortune to know from the outset what they want to thrive in with a very accurate and logical assessment of their convictions, capacities and interests.

We cannot run away from making decisions – it is perhaps the most difficult aspect of adulthood. But with decisions as heavy as the career path in which we wish to be experts in, it may be necessary to be more cautious and give room for more flexibility in approach and consideration. The profession admits of so many ambits, so, what is very much obtainable is that young law students choose their interests on premises that may not be solid enough to justify their choices. The premises range from the uninformed to the utterly ridiculous – such as a beautiful rendition by a professor on a subject at a seminar, an unverifiable belief that one area of law is more lucrative than the other, or that one area of law attracts much more ease than the other or others. In this article, this article then seeks to highlight a few points for consideration when or before making regimented decisions as to career paths:

Your Understanding of the Required Skills for a Chosen Path Might be Inaccurate:

In my interactions with some law students, I have discovered that while many are deeply interested in their chosen paths, these passions lie on quite shallow, sometimes unfounded ideas of what the chosen careers demand. For instance, I have encountered law students who say that they do not pay much attention to moot and mock activities because they want to be “corporate lawyers”. It is even difficult to define who a corporate lawyer is, but what is amusing is the belief that the skills one acquires from indulging in moot and mock activities are not particularly required by corporate lawyers. Indeed, this is a common misconception. The truth is that law is so delicately woven, and the best lawyers have a bit of every possible legal skill. Fighting shy of certain practice areas (and the skills that come with them), becomes disservice to oneself because in the grander scale of considerations, these skills, regardless of which practice area they each feature more prominently in, eventually aggregate rather interestingly to forge the millennial lawyer. You may dislike court room practice and make mental vows of how you will never set foot in court but the skills therefrom will be applicable to your chosen field of legal practice. For instance, as a “corporate lawyer” advising companies and boards, you will find the confidence, oratory and courtiership that lawyers learn in court, useful in your visits to company or board meetings. There are dozens of meetings you will attend that are as formal as court room engagements and these skills apply. Besides, corporate law practitioners approach the courts for many reasons including making arguments for grant of one order or the other.

The student who has developed a liking for taxation law, believing court room arguments to be mundane, may soon find himself at the Tax Appeal Tribunal to make the same submissions he so dreadfully abhors. Interactions with law students also reveal that many have developed a belief that the emerging areas of law are easier, or more lucrative and definitely have nothing to do with conventional court room practice. Indeed, paths such as Fintech Law, Maritime Law, Aviation Law, Oil and Gas Law, Intellectual Property and Entertainment Law, seem to endear the admiration of many law students. But, Maritime, Aviation and Intellectual property law experts find their ways into court every so often to argue their applications on behalf of clients. In fact, the reality is that very few law firms in Nigeria with a wealth of expertise can afford to have consultant lawyers in these supposedly “choice” areas of practice who do not dabble into litigation from time to time. Also, the nature of the briefs that might warrant only legal advisory services or documentation preparations in highly specialized sectors of the economy (such as aviation, Oil and Gas and Maritime) are fat – and fat briefs are the exclusive preserve of a rather select few practice firms. The confidence and oratory of the court room lawyer is essential to the craft of the business lawyer whose daily routine involves meeting different businessmen and women across the globe; the meticulousness and attention to details of the constitutional draughtsman are vital to the work of the lawyer whose business is to prepare documents for huge financings and syndications – in fact, this meticulousness traverses all sectors. Is it the listening skills of the company secretarial lawyer that is not immensely useful to the litigator? Are there lawyers who would not be better off if they tore from the pages of the litigator whose interrogating skills, earned from cross-examinations, are matchless?

Lucrativeness of an area of law – or the sheer belief of it – inspires these decisions often. No one wants to suffer. Yet, it may not be advisable that this should mainly inform a career path. Whether an area of law is lucrative or not is relative and whether it will be lucrative to a budding lawyer depends on the coherence of several factors which simply are not peculiar to the chosen field. For instance, the location of the lawyer, the caliber of clientele he is fortunate to attract (this is highly unpredictable), the number of qualified precursors who have made goodwill in the field and are still in active practice, the quality of the lawyer’s delivery of services, the open market expectations of a lawyer willing to practice in the field in terms of qualifications and shifts in government policies are all indices that vary the extents to which lawyers benefit from a field. So, that one knows five or even twenty Maritime lawyers who have risen to financial stardom is not good premise to lay the important decision of a career field on.

In the end, one would find that there are no skill sets particular to a field of legal practice and the point stressed under this rubric is that unless one has a full grasp of all it truly entails to engage in a path and consistently excel in it for a long period of time, it becomes hasty to make a decision as to one’s career path. Sadly, many students do not understand or realise how areas of law overlap one another. In loathing a field and the skill sets that come with such field, they may settle hastily for some other preferred field which, in reality, requires just as much the same skill sets as those conferred by the ignored field.

Specialization is a Journey and not an Absolute Destination:

Experts say that it takes 3 to 5 years to become an expert in a field. This may be tongue-in-cheek; this may be accurate also. What is important is that it is perfectly okay to spend some time before delving to specialize in an area. A decision to be utterly stuck to a path should be informed and this entails an absolute understanding of what the area entails; it also involves a fair assessment of other paths and what they entail as well. Logically, one cannot opt to specialize in a field that one knows nothing of. Passion, in this wise, is not enough. Often, people come with different levels and depths to their abilities and with marked idiosyncrasies. In appreciating a career path, it is important that however nuanced such a path is, it comes easy and naturally to the person who has chosen it. Therefore, one cannot claim to hate several other paths without having dabbled into the patterns that make up those paths. It is a closed mind that abhors what they have no idea of; the most one should do is be indifferent.

No doubt, there are students who, without having to enquire into what other career paths seem like, already know their choosing. This would come usually with marked successes (theoretically and practically) in courses relating to those areas or prior hands-on experiences that shape more appreciation of the law in those areas or some other deep-seated reasons. This category of students is often an exception and even in this exception, some later have regrets; some might have wrongly assessed the profundity of and the premises for their convictions. It is therefore safer and probably beneficial that students should be guided to have a fair idea of what other career paths are made of before they pigeon-hole their interests into cute little boxes of uninformed admiration and preferences. They must understand that they run no material risks in giving themselves time to properly appreciate several career paths or areas of specialization before choosing to practise one.

Haste in Decision Making may Stunt Creativity and Limit Versatility:

It is important to re-state that logically, one cannot detest what they have no idea of; one may be indifferent. Understanding this makes for an open mind and with an open mind comes the need to try new areas, activate some level of creativity and expand versatility. A flexible approach to the question of what career path one wishes to traverse is a safer approach because that way, one is open to the possibilities of gaining new insights that may recalibrate one’s position probably to a path where one’s abilities are more effectively utilized. Also, with less haste, a young lawyer is more likely to better consider the legal market and how to pitch an area of practice and blend his legal knowledge to achieve excellent service delivery. Indeed, a lawyer who hankers after corporate/commercial law practice and leaves no room for flexibility may fair poorly in evaluating the needs of a particular market and how to blend in efficiently, if such market is not a predominantly commercial location. Flexibility helps people realize that the legal career is a long journey and it may not start off respecting the terms that make up our lofty dreams all at once. The flexibility is important, and a hasty career decision has the negative effect of making students ignore so much knowledge that would have encouraged versatility – the versatility they might need to make some good fortune of early inconveniences or crises in legal practice.

CONCLUSION

This work justifies the on-going agitations for a more qualitative legal education for the quantifiable lot of law students and lawyers in Nigeria. If students had more practical interfaces in the study of law, they would understand that it is only prudent to make calculated assessments in reaching important decisions such as the choice of area(s) of practice. Many law teachers focus more on the bony stalk of legal abstractions and ignore (sometimes genuinely) the need to broaden the depths of legal understanding by the use of more practical, socio-economic realities and in the long-run, the quality of education impacts on the mentality with which students approach core decisions such as career paths. Students should be taught to know that legal practice today has even transcended into consulting and tax advisory services. In Magic-circle law firms in the UK, there are joint practices with big tax firms. Lawyers should also be equipped to fit into these related business outlets; it promotes eclecticism and absorbs the upsurge of unemployment of lawyers. There are private equity firms that lawyers continually thrive in – legal education should bring these to the knowledge and appreciation of students long before they become distraught with the tedium of choosing career paths for themselves.

Students should be invited to think decisions through and be patient where necessary. Patience as a term, is a tiring cliché and clichés are enemies to literate people. Although the term is overused, the message is always worth revisiting and for decisions lofty enough to alter your trajectory to life – such as decisions as to one’s career path, there are many considerations to be evaluated some of which are pointed out above. Bringing it down to legal practice, the degree of caution is quadrupled because it is a rather broad set of practice areas. It is therefore okay to be unsure of an area of specialization at the nascent stages of practice or as undergraduates. Where one is reasonably certain of an area of practice, it is also beneficial that one does not ignore the knowledge and experience that accrue from other areas of practice. The interplay between these areas is almost divine.

• This article was originally published in 2020 in UNILAG LAW REVIEW.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

Embattled female lawyer, Helen Ebikpolade was arrested and released last December by National Drug Law Enforcement (NDLEA) operatives, CITY LAWYER can authoritatively report.

An unimpeachable source who is familiar with the matter told CITY LAWYER that Ebikpolade was nabbed by NDLEA operatives and detained by the agency at its Epe Command during the yuletide season before regaining her freedom.

Ebikpolade was again arrested last July 1 following a sting operation on her Lekki, Lagos home where some exhibits including 5 kilogrammes of cannabis and 12 bottles of prepared skuchies were allegedly carted away by NDLEA operatives. This led to a manhunt for the lawyer-turned-entrepreneur by NDLEA operatives who stormed Awka in Anambra State where she was arrested.

CITY LAWYER gathered from an impeccable source that several of her alleged accomplices were also arrested in other parts of Lagos.

Admitted to the Nigerian Bar in 2015 after graduating from the prestigious Obafemi Awolowo University (OAU), Ile-Ife, the Anambra native and mother of two confessed that she has little or no aptitude for legal practice.

An impeccable source told CITY LAWYER that the embattled lawyer recently filed for divorce in a Lagos court from her Bayelsa-born estranged husband.

In a LinkedIn profile sighted by CITY LAWYER, the lawyer whose full name is Helen Chidima Ebikpolade, wrote: “I have my first and second degree in Law but I have always been business inclined and I realized quite early in my life that running and managing business(es) is my forte. This motivated me to earn my Maters in Management with with (sic) the aim of improving my management skills, growing my current business, and to also expand as well in the future.”

She claims to have received a “Master of Laws – LLM, Law” degree from the Nigerian Law School in April 2015 and another Master’s degree in “Management, Entrepreneurship” from American Public University System (APUS).

Early in her short stint with law practice, Ebikpolade was a Research Assistant with Bayelsa State Judiciary between November 2015 and November 2016 where she “worked with the Chief Magistrate and helped research cases, write briefs and legal opinions, helps (sic) judge prepare for trials, draft legal documents, and other legal duties assigned to me by the Magistrate.”

She then joined the Yenagoa based law firm of J. A. Gbadamosi & Co. (Agalu Chambers) as a Junior Associate between January 2017 and November 2019. She moved to Pennak Limited as a part-time Administrative Officer before setting up her fashion outfit, Moonshine Luxury in January 2022.

Before her arrest, Ebikpolade was working on contract as Administrative Specialist at “Freaky0clock.” According to Ebikpolade, “Freaky0clock is a small business enterprise, an alcoholic beverage company made from natural ingredients. We take special pride in our production, planning and service with strict adherence to quality and safety standards.”
Announcing her arrest alongside other suspects, NDLEA stated that Ebikpolade who allegedly “specialises in production and distribution of skuchies, a mixture of cannabis, opioids and black currant, was arrested in a follow up operation in Awka, Anambra State following an earlier seizure of 5kg cannabis and 12 bottles of prepared skuchies in her apartment at Lekki.”

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

The Chairman of the Nigerian Bar Association (NBA) Annual General Conference Planning Committee, Mazi Afam Osigwe, SAN has weighed in on the topic, “Tyranny and Dictatorship of Election Petition: Where is Justice?”

The Bar Leader spoke at the ongoing NBA Section on Legal Practice Annual Conference which held today at NBA House, Abuja.

Osigwe stated that a significant number of electoral disputes find their way to the courts, adding that concerns are being raised regarding the approach taken by judges who often prioritize technicalities over substantive issues.

He noted that this approach has led to the growing impression that individual votes hold little significance, and that corruption has permeated the electoral process.

The former NBA General Secretary said that the prevalence of contradictory judgments undermines the credibility of the judicial system, adding that there is the need for fairness and alignment of court decisions with the principles of natural justice.

He stated that posting of judges outside their jurisdiction to preside over election-related cases has led to lack of expertise and understanding of local dynamics and outcomes that may be perceived as unjust, adding that many instances of misconduct and disrepute within the legal profession originate from election matters. He emphasized the need to address these challenges and amend laws to enhance electoral justice.

He stressed the importance of laying emphasis on Chapter Two of the Nigerian Constitution which highlights the fundamental objectives and directive principles of state policy, and urged a more holistic approach to electoral reforms that encompass not only legal fundamentals but also broader societal principles.

Osigwe underscored the importance of fair judicial decisions that shun technicalities and reflect the ideals of justice, adding that there is a need to ensure proper assignment of judges and address issues that bring odium to the legal profession.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

The programme started by 10:30 am with the Opening Prayer. The NBA Prayer was said by Mena Obete Esq.

This was followed by the National Anthem and recognition of notable members and special guests of Honour. This included the Chief Justice of Nigeria, Hon. Justice Olukayode Ariwoola, GCON (represented by the Administrator of National Judicial Institute, Hon. Salisu Garuba), and the Chief Judge High Court of the FCT, Hon. Justice Husseini Baba-Yusuf.

Opening Remarks were delivered by Chief Paul Harris Ogbole, SAN, Chairman, Conference Planning Committee while Welcome Remarks were said by Mr. Afam Okeke, Chairman, NBA Abuja Branch (Unity Bar). Welcome Address was given by Chief Ferdinand Orbih, SAN, Chairman, NBA Section on Legal Practice.

In his welcome remarks, the NBA president, Mr. Yakubu Chonoko Maikyau, SAN, thanked members for electing him as the 31st President of NBA. He welcomed members and special guests to the conference.

The President stated that the theme of this year’s conference gladdens his heart, adding that though there should be a cross-border charging of fees, such charges should not be the primary motivation for representation of clients. He emphasized the importance of lawyers equipping themselves with relevant skills in order remain globally competitive.

In his words, “When your client comes to you, this is a regulation that helps you to charge your clients across border. I am simply talking about being ethical and professional. The fight against corruption is a legal fight and it is only lawyers that can fight that fight. And that’s why we decided to bring in Anti-Money Laundering Act to self-regulate ourselves – which will take effect on the 1st of January, 2024 – instead of an outsider body regulating us.

“Finally, I believe that Seniors, Senior Advocates of Nigeria should be accessible to the junior lawyers, and also for mentoring purpose. The AGC Chairman and Alternate Chairman of the Conference Planning Committee are working hard to make sure we have a wonderful and memorable experience.”

Welcome Remarks were delivered by the Chief Judge High Court of FCT who welcomed delegates and guests to the conference. Senator Osita Izunaso then gave his Goodwill Message to the delegates, thanking the organizers for putting together a good programme with a good theme.

Prof. Peter Terkaa Akper, SAN gave the Keynote Address, saying: “In line with the theme, we intend to proffer suggestions for all lawyers in our representation in discharging our duties to our clients.”

The Vote of Thanks was given by the Secretary, NBA-Section on Legal Practice, Prof. Augustine Robert Agom. He thanked all the special guests, NBA President, resource persons, guest speakers, sponsors, members and delegates, and emphasized that the conferees should ensure that their voices are heard in this conference. In his words, “You have heard today that we can charge our fees without borders and we can also render our services without borders. I wish you all a good outing in this conference.” The conference was then declared open.

The Premium Showcase Session started at 1:19 pm with the topic, “Transformation of Legal Practice In Nigeria. The Chairperson of the Session was Mr. Augustine Alegeh, SAN while the Panelists were Mr. Isaiah Broderick Bozimo, Hon. Justice Daketima Kio, Dr. Nkiruka Chidia Maduekwe, Hon. Justice Taiwo Taiwo (rtd.), Prof. Agbo Madaki, and Prof. Usman Suleiman, SAN. The Panelists generally discussed challenges confronting the Nigerian judicial system.

The Director-General of the Nigerian Law School, Prof. Isa Hayatu Chiroma, SAN stated that it is a challenge graduating so many law students who have no iota of knowledge of how the legal system works outside Law School due to the limited time spent at the school. He therefore called for more training for the studenst and teachers at the school as well as provision of facilities including laptops. His words: “The era of teachers coming to class telling them to read books has gone. Basically, what students need is practical experience; students should have access to laptops, training etc. We are also confronted with challenges in our judicial system, but we are doing the best we can; we teach and mentor.”

Bozimo stated that, following a poll among Nigerians who were asked to rate the justice system, it was discovered that many Nigerians were dissatisfied with the justice system due to corruption and delay of cases. He said that we should learn from other developed jurisdictions who have functional judicial system like Singapore, United Kingdom, and South Africa.

His words: “We must draw inspiration from the success and aspire to adopt such success story to our system; solutions should be tailored to align with our unique Nigerian context. The solutions to these challenges should be Technology, Proactive Legal Policy Reform, encouraging Alternative Dispute Resolution, enabling proactive Judicial involvement, enhancing transparency, accessibility and accountability in our judicial system.”

Plenary Session Two started at 3:19 pm with topic, “Legal Practice Issues in Migration and Immigration.”

Dr. Elachi Agada spoke on the Immigration Act. He stated that there is a new Act which makes arbitration mandatory. Under the new Act, there are provisions for emergency issues on arbitration as well as sections 19, 39 & 40 on consolidation and concurrent matters subject to approval of parties. A third party can also be joined in a matter without approval by parties in the matter. He said: “There is also a change in the section on the setting aside of arbitral awards. Overall, I want to conclude by saying the new Act is a remarkable step to the provision of arbitration in Nigeria.

Plenary Session One started at 3:31 pm with the topic, “Organ Donation and Transplantation Under Nigerian Law.” Chairperson of the session was Mr. Oluseun Abimbola, SAN. Panelists included Dr. Yemi Johnson, Dr. Damilola Adejumo, Joyce Eseni Esq, and Otunba Laolu Osanyin.

Adejumo stated that there must be consent in organ donation. The donor must have given his consent in relation to organ donation; this is very explicit in the medical practitioners law. The law is very clear, the Medical Practitioners and Dental Law prescribes three minimum counselling sessions in Rule 19. This is compulsory for both the donor and the donee of the organ. Section 57 says you can still withdraw your consent after giving your consent to donate your organs.

There are also challenges in the law. Anything that has to do with organ donation is restricted to the medical practitioners alone. Well spelt out details on Section 51 are still needed going forward.

Johnson added that the permission of the family of the donor is also needed. Organ donation is mostly kidney donation. While getting the permission of the family of the donor in Nigeria may be difficult, such is not the case in the United State. ‘Nigeria factor’ is also an issue in organ donation.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

In this article, senior lawyer IFEOMA PETERS argues that introduction of the “Data Protection (Communications Services) Regulations, 2023” by the Nigerian Communications Commission (NCC) will adversely impact the recently birthed NDPA/NDPC and data protection in Nigeria

DATA PROTECTION (COMMUNICATION SERVICE) REGULATIONS, 2023: AN ATTEMPT BY NCC TO USURP THE POWERS OF THE NIGERIA DATA PROTECTION COMMISSION?

INTRODUCTION
On Monday, 12th June, 2023, the Nigeria Data Protection Bill was signed into law by the President of the Federal Republic of Nigeria, His Excellency, Bola Ahmed Tinubu. The Nigeria Data Protection Act, 2023 (the Act), is the very first principal legislation on data protection in Nigeria. The signing of the Act was a positive response to the various campaigns by stakeholders in the Data Protection ecosystem for a unified primary legislation on data protection. It was believed that a unified primary legislation would help to position Nigeria as one of the progressive countries championing the Data Protection movement globally. It would be recalled, that despite several stakeholders’ engagements and lobbying, the President Mohammadu Buhari’s administration failed to pass the bill into law. Therefore, the passage of the Act by President Bola Ahmed Tinubu few weeks after his inauguration was seen by practitioners as a glimmer of hope and a sign of more positive developments in data protection and privacy in Nigeria.

One of the significant features of the Act was the creation of the Nigeria Data Protection Commission (the NDPC) tasked with the responsibility of ensuring compliance with the provisions of the Act.

Prior to the passage of the Act and the establishment of the NDPC, the Nigeria Data Protection Regulation (the NDPR), a subsidiary legislation of the National Information Technology Development Act (NITDA), was the only law on data protection in Nigeria. NITDA was directly in charge of enforcing data protection compliance in Nigeria. Two years ago, the Nigeria Data Protection Bureau (the NDPB) was set up to take over the data protection regulatory compliance task from NITDA and remained the regulator until the passage of the bill when it transitioned into the NDPC.

Few days ago, a regulation styled as the “Data Protection (Communications Services) Regulations, 2023 (the draft Regulations),” found its way into the public domain. It is assumed that the draft Regulations is a proposed subsidiary legislation being introduced by the Nigeria Communications Commission (NCC) for data protection in Nigeria’s telecommunication sector. Although there has not been any official communication regarding the draft Regulations, a cursory look at same shows that it is a replication of the content of the major provisions in the NDPA. Although the essence of the draft Regulations is still unknown, a wild guess would suggest that NCC plans to initiate a regulation that would enable it take charge of regulating data protection and privacy within the telecommunication sector.

While the introduction of the draft Regulations may appear a laudable idea, data protection practitioners who have been involved in the campaigns leading to the birth of the NDPA and NDPC would not have difficulties in identifying the negative impact the draft Regulations will have on the advancement of data protection in Nigeria. Compliance would become a burden and enforcement would occasion avoidable hardship on industry practitioners, particularly the telecommunication (telecom) industry who are the target of the draft Regulations. Some may in fact see the move by NCC as a clear attempt, to undermine, stifle and render redundant the recently created NDPC, particularly in the telecom industry. What is more? The draft Regulations is silent on the provisions of the NDPA and failed to recognize the existence of the NDPC.

In order to drive home the point being made on the danger of the draft Regulations, let us examine some of the similarities and conflicts between the draft Regulations and the NDPA.

THE SIMILARITIES AND CONFLICTS BETWEEN THE DRAFT REGULATIONS AND NDPA

REPORTING BREACH OF PERSONAL DATA
Section 40 of the NDPA and Regulation 9 of the NCC draft Regulations outline steps that data controllers/processors should take in the event of a data breach. However, the differences in the specific reporting requirements and timelines mentioned in the two laws are potential recipe for contradiction and confusion.

Under the NDPA, in the event of a breach, the initial step is for data processor to notify the data controller. If the breach is likely to result in a risk to the rights and freedoms of individuals, the data processor must also notify the NDPC within seventy-two hours. Additionally, if the breach is likely to result in a high risk to the rights and freedoms of a data subject, the data controller must immediately communicate the breach to the affected data subject.

In contrast, the draft Regulations mandates licensee (data controller/ processor), to immediately notify the data subject of any leak of their personal information. Furthermore, it requires the data controller to rectify the breach within seventy-two hours of becoming aware of it. The provision also stipulates that the licensee must report the breach to the NCC.

The differences between the two laws regarding reporting obligations and timelines indeed create a contradiction in the steps that data controllers/processors should take in the event of a breach. The NDPA emphasizes the notification to the NDPC, while the draft Regulations focuses on immediate notification to the data subject and reporting to the NCC.

SANCTIONS FOR VIOLATIONS
Both Section 48 of the NDPA and Section 40 of the draft Regulations address the enforcement measures and sanctions that can be imposed on data controllers/processors for violating the provisions of their respective laws. Both laws provide for the imposition of fines as a form of sanction. Section 48 of the NDPA mentions penalties or remedial fees, while Section 40 of the draft Regulations specifically outlines an administrative fine of N10,000,000.00. Both laws emphasize the importance of remedying the violation. Section 48 of the NDPA includes a provision requiring data controllers or data processors to remedy the violation, while Section 40 of the draft Regulations mentions that the infraction should be remedied or discontinued.

The duplication of provisions between the draft Regulations and the NDPA would create challenges and potential hardships for data controllers/processors. When two sets of regulations overlap and impose similar but potentially conflicting requirements and sanctions, it can lead to confusion, increased compliance burdens, and potential contradictions.

In the scenario where both the draft Regulations and the NDPA have overlapping provisions and sanctions, it is crucial for clarity and harmonization to be established. Data controllers may face difficulties in determining which set of regulations to follow and how to comply with both simultaneously. Ideally, efforts should be made to avoid duplicating provisions and ensure consistency and coherence in data protection legal framework. Instead of introducing sector-specific regulations that replicate the provisions of the NDPA, the NCC ought to collaborate with the NDPC and work towards a unified approach that recognizes the authority and expertise of the NDPC in data protection matters.

CONSENT OF A CHILD
Section 31(5) of the NDPA states that the NDPC shall create regulations in line with the objectives of the Act when processing personal data of a child aged 13 and above. This specifically applies to the provision of information and services through electronic means at the child’s explicit request. On the other hand, Regulation 11(5) of the draft Regulations allows for reliance on the consent given by a child aged 13 or older. This consent is applicable for the provision of information and services through electronic means when individually requested by the recipient.

These two provisions indeed present a contradiction. Data controllers/processors faced with these conflicting laws may find themselves unsure about the appropriate course of action.

CROSS BORDER TRANSFER OF PERSONAL DATA
Sections 41, 42, and 43 of the NDPA establish the basis for transferring personal data to another country, particularly focusing on the adequacy of protection and steps to be taken when adequate protection is lacking. Notably, the Act grants the authority to determine the adequacy of the recipient country’s protection regime. However, Regulation 34 of the draft NCC Regulation seems to introduce a potential conflict of power. It empowers the NCC to determine the adequacy of the recipient country’s protection regime. According to Section 34(2) of the Regulation, licensees are required to obtain approval from the NCC, which will consider whether the location provides a sufficient level of data protection before issuing such approval.

This raises questions regarding the compliance obligations for data controllers and processors who obtain consent from the NCC. Does obtaining consent from the NCC eliminate the need to comply with the requirements listed in Section 41 of the NDPA? Additionally, a data controller (licensee) will become confused whether he can proceed with data transfers solely based on obtaining consent from the NCC without adhering to the requirements outlined in Section 42 of the Act.

DATA PORTABILITY
The NDPA in Section 38 provides for the data subject’s right to data potability. There is no mandate to a data controller and processor to refuse the data subject the right to data portability, it only provides for the conditions upon which data subject may exercise such right. It also provides the obligations it would impose on a data controller or data processor, in relation to costs and timing. However, Regulation 31 of the draft Regulations, empowers the licensee to refuse data portability in certain cases. This section again directs data subject to refer written complain to the NCC.

As final thoughts on the challenges the coexistence of the draft Regulations and NDPA portends for data protection in Nigeria, below are few of the immediate concerns:

COMPLIANCE BURDEN
The existence of overlapping and conflicting regulations will create a burdensome compliance process for data controllers and processors. They would need to navigate and adhere to multiple sets of requirements, leading to additional costs and administrative complexities. This duplication of compliance obligations hampers efficiency and would be particularly challenging for organizations operating within the telecommunication sector.

LEGAL UNCERTAINTY
The presence of conflicting provisions between the NDPA and the draft Regulations introduces ambiguity and confusion regarding the interpretation and application of data protection principles. Different standards and requirements set forth in the two laws can make it difficult for data controllers and processors to understand their legal obligations clearly, potentially resulting in inadvertent non-compliance.

INCONSISTENT ENFORCEMENT MECHANISM
When two separate regulatory bodies, the NDPC and the NCC, become responsible for enforcing compliance with data protection laws, inconsistencies in enforcement are likely to arise. Different interpretations and enforcement approaches by these entities may lead to unequal treatment and arbitrary outcomes, eroding public trust in the regulatory framework.

COSTS AND DELAY
Duplicity in laws often leads to prolonged legal disputes and litigation as conflicting provisions require clarification and resolution by courts or other legal bodies. This results in delays in legal proceedings, increased legal costs, and a diversion of resources that could have been utilized more effectively.

Addressing these challenges requires coordinated efforts and a streamlined approach to data protection regulation in Nigeria.

It is important to note that allowing the NCC to proceed with establishing a sector-specific regulation that disregards the NDPA entirely would set a precedent for other sectors to create their own separate data protection regulations. This would lead to fragmentation and setbacks within the Nigerian data protection landscape. Looking at the European context, the General Data Protection Regulation (GDPR) is a uniform legislation recognized across all European countries. Similar harmonization of data protection laws is crucial for the development of a robust data protection ecosystem in Nigeria.

In conclusion, it is essential to recognize that the NDPA, as an act of the National Assembly, takes precedence over any proposed subsidiary legislation such as the draft Regulations. The NCC should focus on collaborating with the NDPC to ensure that the telecom industry is adequately addressed and regulated under the NDPA. If the NCC intends to introduce industry-specific regulations, those regulations must emanate from the NDPC as Regulations made pursuant to the NDPA. This position will also apply to any other sector that believes that its operations have some unique features which needs to be specifically addressed. A situation where every sector decides to introduce a regulation seeking to data protection within its sector is not appropriate and it is antithetical to the spirit of the NDPA and the creation of the NDPC.

Ifeoma is the Managing Partner, DNL Partners. DNL Partners is a licensed Data Protection Compliance Organization (DPCO) ifeoma.peters@dnlpartners.com

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

The immediate past Chairman of Nigerian Bar Association Kaduna Branch, Mr. M. T. Mohammed took a trip down memory lane and recalls that his scorecard is impressive.

What are your achievements in two years as NBA Kaduna Branch Chair?
Without sounding immodest, we can beat our chest and proclaim that our scorecard is impressive.

We improved the welfare of our colleagues and staff, we increased the welfare package of colleagues who are getting married and the remuneration of our staff. We regularly paid visits to our colleagues having health challenge.

Detailed financial report was rendered every month and all activities the Branch Officers undertook in the name of or on behalf of the branch were explained every month. It provides insight into the activities of the branch and status of the branch finances.

Past Administrations of the branch progressively made some improvement on the Bar Centre. We took the bull by the horn and massively invested our resources in the Bar Centre. Today we have reached a level where the Bar Center can be put to use. With our determination, the Bar Centre was commissioned by the Hon. Chief Judge of Kaduna State on the 12th May, 2023. So far, we have hosted two meetings in our Bar Centre.

New Committees like Co-operative Society, Public Interest Litigation were created. I must commend the pioneer Chairmen (Idris Mohammed and Samuel Atung SAN) for the wonderful efforts they have made so far with the Committees to reconnect with the very old members whose activities have been extremely limited because of age factor but whose knowledge and experience members tapped from at the interval visits we organized regularly.

What was your relationship with the national body like?
The Branch maintained a very healthy relationships with the national body of the Bar which attracted many members being appointed into many Committees or being given some other assignments. More than 15 members are currently serving in one committee or the other. Cooperation with other sister branches in Kaduna State is also remarkable.

The idea to push for the increase of remittance from national body of the NBA out of the Bar Practicing Fees from 10% to 20% was conceived and vigorously pursued by Kaduna Branch. All Chairmen of branches elected me to lead the agitation, which is coming to fruition soon.

Did you enjoy a cordial relationship with the Judiciary?
Yes, we did. We took the lead and with the understanding and cooperation of the current Chief Judge of Kaduna State (Hon Justice MTM Aliyu) the moribund Bar & Bench Forum was resurrected after prolonged efforts. I must thank the Hon. Chief Judge who showed keen interest in sustaining the tempo.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

A leading candidate in the forthcoming Nigerian Bar Association (NBA) Lagos Branch Elections, Mr. Emuobonuvie Majemite has said that the new Arbitration and Mediation Act recently signed into law by former President Muhammadu Buhari will positively change the justice delivery landscape is fully implemented.

Majemite made this known during a radio interview with Mr. Felix Uzoma of Law FM.

According to him, “I shared my views of what the Arbitration and Mediation Act could mean for the Nigerian arbitration and ADR community and how it could potentially reposition Nigeria as a seat of choice for dispute resolution, if implemented according to the intendment of the draftsmen.”

To listen to the interview, click here.

To join our CITY LAWYER ROUNDTABLE on WhatsApp, click here 

To join our Telegram platform, click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083.

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.

FEATURED

SOLAR FOR ALL: Sir. James Ononiwu Esq (NBA Ikeja Branch) is our “Star Client of the week”.

With Subsidy removal/fuel price hike, our Solar systems are helping Nigerians cope, save money and have stable power for greater productivity.