SIR DORN CKLAIMZ ENAMHE was Chief of Staff to former Cross River State Deputy Governor, Chief John Okpa. He also served as Special Adviser on Youth to Governor Liyel Imoke and subsequently as Special Adviser (Branding and New Media) to Governor Ben Ayade.

A Chattered Mediator (UK) with expertise in mediation and workplace conflict, Enamhe holds degrees in Agriculture, Sociology, Environmental Science, Education, Law, Public Administration and Political Science.

He is the Alumni Relations Officer for the University of Calabar (UNICAL); Member, NBA Remuneration Committee; Council Member, NBA SPIDEL; National President, Association of Professional Negotiators and Mediators (APNM); Senior Lecturer, University of Calabar, and Deputy Director at DOBOC.

Enamhe is reputed as an avid, principled and well-driven environmentalist with interests in teaching, conflict resolution and peace building.

In this article, he marshals reasons why former NBA General Secretary Afam Osigwe SAN should be elected as the next NBA President.

Mazi Afam Osigwe has over time prepared himself for leadership. His complete understanding of the inner workings of the life of an ordinary lawyer has endeared him to almost all Nigerian lawyers.

So I’m not surprised with the love and followership he has received from both NBA branches in Abia and IMO State. His outing at the football match is a welcome development.

Having decided to run for office of President of NBA, I call on Nigerian lawyers to take advantage of the entrance to the race of a complete Bar-man, Mazi Afam Osigwe SAN who has over time been able to connect with the average lawyer in Nigeria.

The need for Mazi to be elected includes amongst others the fact that all young lawyers and most elders in the Bar find it very easy to connect with Mazi.

Beyond sounding immodest, Mazi Afam has raised the bar so high as NBA National Secretary. Beyond putting himself in the shoes of the ordinary lawyer, he listens and he speaks up.

And as chairman of the Remuneration Committee where I serve, I think he is best fit for NBA Presidency.

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Every two years, Nigerian Lawyers go to polls to pick their national officers; and this year, 2024, is an election year for the Nigerian Bar Association (NBA). For this year’s election, three candidates are vying for the position of President of NBA; Mazi Afam Osigwe, SAN; Chukwuka Ikwuazom, SAN and Tobenna Erojikwe. As the three Candidates lock horns for the contest which will be held electronically and by universal suffrage next month, as usual, Onikepo Braithwaite and Jude Igbanoi fielded questions for each of the Candidates, to know more about them and how they’ll run the NBA, if Nigerian Lawyers entrust them with the mandate

1) Kindly, tell us briefly about your career as a practitioner, what roles you may have played in the NBA in the past, and what support you have given to our Association

2) Why should Nigerian Lawyers entrust you with running the affairs of the Association for the next two years? What have you done to secure their confidence in you, enough to cast their votes for you?

3) What would you say is the edge you have over your other contenders for the office of NBA President? What are the main points of your campaign? And, how do you intend to fulfil your promises in your two-year tenure?

4) The Nigerian Bar Association has in the past years been called to question by Nigerian Lawyers, over its handling of national issues and the loss of its voice when it matters most. How do you intend to return the NBA to its place of relevance and glorious days of Presidents like Alao Aka-Bashorun?

5) There has mostly been a no-love-lost relationship between NBA Presidents and General Secretaries. How will you ensure this doesn’t happen in your tenure as President, if and when you win?

6) new Remuneration Order 23 has excited Nigerian Lawyers. How will you ensure that Lawyers are well remunerated when you become NBA President, particularly the young Lawyers who are poorly paid by Seniors?

7) Many Lawyers have been brought before the Disciplinary Committee, including very senior Lawyers, and most of them seem to either get away with their wrongdoing or get off lightly. How will you handle the menace of Lawyers engaging in abuse of court processes like forum shopping, filing matters in courts that don’t have jurisdiction etc?

8) Encroachment on the legal profession by other professionals is a huge threat that the NBA hasn’t been able to exterminate over the years. Lawyers continue to lose revenue to Accountants, Surveyors and others. What is the way out? What about the influx of foreign Lawyers into our jurisdiction, which is on the rise? How will you handle this if elected?

9) level of confidence do you have in the ECNBA to deliver a credible, free and fair election, that will usher you into office?

Mazi Afam Osigwe, SAN

1) I started my legal practice during my compulsory National Youth Service with Chike Chigbue & Co. in their Abuja Office in 1999. In 2002, I founded the Law Forte (Legal Practitioners, Corporate Consultants, and Notary Public) in Abuja, where I currently serve as the Senior Partner. In 2006, I became a Notary Public of the Supreme Court of Nigeria. I have expertise in legal advisory, banking law, corporate law, arbitration, property law, civil litigation, and commercial practice, among other relevant fields.

As a member of the NBA Abuja Branch, I have had the privilege of serving in various roles at the chapter, State, and national levels of the NBA. I served as the Publicity Secretary between 2006-08 at NBA Abuja, and then served as Chairman of the Branch in 2010-12. I have served in various committees, always ensuring diligence and the overall delivery of optimum results.

As Chairman of NBA Abuja, the Unity Bar FC (the football club of the NBA Abuja Branch), was transformed into a laurel-winning team. I love sports and encourage the development of skills, while fostering unity and comradeship. I also am an ardent mentor to young Lawyers, contributing to the growth of the Bar. I contributed to the continuing professional development CPD, by writing papers and journals on viewpoints and various subjects that relate to the advancement of the legal profession.

I served as General Secretary of the NBA (2014-2016). I was also a member of the Legal Aid Council of Nigeria (2014-2016). I was a member of The Council of Legal Education (2015-18), a member General Council of the Bar (2015-2022), and I am a Life Bencher (Life Member of the Body of Benchers of Nigeria). I was a prosecutor at the Legal Practitioners Disciplinary Committee of the Body of Benchers from 2012-2014, until I was elected the General Secretary of the NBA. I am currently the Chairman of the NBA National Remuneration Committee, where we are creating a policy to ensure the better welfare of Lawyers, by ensuring we are remunerated correctly for the services we offer.

2) I believe Nigerian Lawyers can confidently entrust me with the running of the Affairs of the NBA. I am a dedicated and pragmatic leader, which can be seen through the diligent work which I have done in the different roles I have played over the years. I believe that active participation and leadership, are the keys to driving meaningful change within any organisation. Rather than merely voicing dissatisfaction or proposing improvements from the sidelines, I am committed to offering my services to enact the positive changes and leadership our Association needs.

As NBA President, my key priorities will be multifaceted, addressing both immediate concerns and long-term strategic goals. In the short term, I will focus on enhancing access to justice, promoting professional development opportunities, and fostering a culture of inclusivity within the Association. In the medium term, my goals include strengthening the rule of law, advocating for legislative reforms, and addressing systemic challenges facing the legal profession. Ultimately, my long-term vision is to position the NBA as a proactive force for positive change in Nigerian society, championing justice, equality, and the rule of law.

They should entrust me to raise an NBA that provides a professional and inclusive platform where every Lawyer, regardless of experience level, can contribute meaningfully. That has been my leadership over the years. My focus will be on delivering tangible benefits to our members, fostering professional development, and creating a wealth of opportunities for all. Moreover, I am committed to ensuring the NBA operates with transparency and accountability, in the management of its resources. I am confident that I can enhance the public perception of our Association, improve member benefits, and create an inclusive environment where all members – regardless of age, gender, political affiliation, or religious belief – can actively participate in governance. My vision is for the NBA to reclaim its rightful place, as a leading professional body in Nigeria.

I am particularly committed to ensuring that all members – especially those who are disabled, vulnerable, female, aged, and young – receive the full benefits of their membership. Additionally, I aim to strengthen and unify the Bar. My tenure as Chairman and General Secretary, provided me with valuable insights into the complexities of managing a diverse and dynamic organisation like the NBA. I learned the critical importance of fostering unity, addressing member concerns, and advocating for the integrity of our profession. These experiences have equipped me with the skills and perspectives, necessary to navigate the challenges and maximise the opportunities of the NBA Presidency.

I want to be part of NBA that’s engaging and achieving practical results, without spending so much money organising conferences all the time and achieving nothing in the lives of members. The NBA was at one time focused on the delivery of services; it was known for action, not words. The NBA must get out of hotel rooms and conferences, and impact positively in the lives of Lawyers.

3) I would say my edge over the other candidates, is my years (experience) built over time from the various roles I have played in the Association. With due respect to other contestants, I have been involved in several policies and activities to move the Bar forward. I am driven by a deep belief in the crucial role our Association plays in upholding the rule of law, and advancing the welfare of all Lawyers. My candidacy is distinguished by a commitment to transparency, inclusivity, and effective leadership. My vision is to proactively identify problems, anticipate challenges, and deliver solutions that create a wealth of opportunities and benefits for every Lawyer. My mission is to improve the standing of the Association, by proactively addressing issues that impact our members. This involves promoting the welfare and working environment of Lawyers, and ensuring that all members – particularly female, senior, and young Lawyers – reap the full benefits of their Association membership. By focusing on these goals, I aim to foster a more supportive and dynamic professional community.

The main points of my campaign are to enhance members’ welfare and development through: the promotion and protection of the interest of Lawyers. We shall create an Endowment Fund for legal education, and ensure the protection of the legal industry in Nigeria by ensuring non-Lawyers and foreigners do not carry out legal services reserved for our Lawyers. We shall also ensure the protection, security and dignity of members.

I will strengthen the Human Rights Committee of NBA by establishing a Human Rights Attorney Support Network, by Reinvigorating Public Confidence in the NBA and strengthening Institutional Structures and Efficiency.

4) I intend to reinvigorate public confidence in the NBA and indeed, return her to her glory days or might I say more glorious days, as the glory of the new should surpass the former. I will structure a more effective and proactive response, to human rights initiatives and public advocacy. I intend to set up a standing Litigation Committee that will institute actions in respect of alleged human rights violations, as well as other matters of public interest to the legal profession. This Committee will also work with the human rights committee of Branches to render pro bono services to deserving members of the public, and also take requisite legal action where Lawyers have been assaulted, harassed, or prevented from carrying out their lawful duties.

The NBA, being a strategic Association in the polity, must play the role of a watchdog. I will therefore, ensure we watch events in the polity, comment critically on same, proffer advice/solutions, and also render legal services and assistance where necessary. The NBA under my watch, shall consistently speak up on issues affecting the legal profession and administration of justice, constructively engage with the various tiers of government and other stakeholders, and present proposals and blueprints for dealing with such issues. We will shape opinions and influence decisions that will improve the administration of justice, reform the Judiciary, and engender due process of law and the fortunes of our society. NBA under my watch, will not be found wanting in this regard. We will live up to the billings. We will ensure the NBA maintains its leading role in matters of National Public Interest, as well as engage in ‘Rule of Law’ advocacy. Many feel that the NBA is unresponsive to their needs, particularly when they encounter challenges while serving their clients. Additionally, there is a perception that the NBA fails to voice its stance during critical national moments. My goal is to address these concerns by ensuring that the NBA becomes more engaged, supportive, and vocal. I am committed to leading an NBA that not only listens to its members, but also advocates for them effectively.

5) In my tenure as General-Secretary, I had a thriving work relationship with the then President of the Association, Augustine Alegeh, SAN, which has continued even after our tenure in office. We routinely have retreats and hangouts for the entire team I served with even during the NBA conferences, which fosters fellowship. When I was Chairman, I ensured a harmonious relationship with my excos, and ensured teamwork was the order of the day. My relationship with my excos, has continued till today.

Naturally, conflicts can arise from human relations, but, they need to be avoided and managed with understanding and maturity at all times. When conflicts occur, it is necessary that they are managed in such a way that they do not embarrass the Bar. Matters should be handled internally, with professionalism. I will imbibe adequate team spirit and a good leadership style, that ensures every member of the NBA leadership team and the entire Bar works harmoniously. Everyone has something to contribute, to the proactive Bar. I encourage ideas, contributions, and even criticism

6) It should be noted that the Legal Practitioners (Remuneration for Business, Legal Services and Representation) Order, 2023 which was made by the Legal Practitioners Remuneration Committee (the Committee) and signed into law on May 16, 2023 in exercise of the powers conferred by Section 15(3) of the Legal Practitioners Act, does not extend to fixing or prescribing minimum salary or remuneration to be paid to young Lawyers employed in private legal practice or some other form of employment. It is therefore, a misconception to say that it is expected to address the “poor remuneration” of Lawyers.

The responsibilities of the Remuneration Committee of the Bar (NBA) are (1) receiving and considering application for an approval or refusal from a legal practitioner who intends to charge or agree to any remuneration for any business or service which is lower than the amount specified for any of the businesses or services in Scales 1- 5, in the Schedule to the Order; (2) receiving a report from a person who has knowledge that a legal practitioner has charged or agreed to a remuneration in contravention of the provisions of the Order, investigating the infraction and upon a prima facie case being made, reporting the erring legal practitioner to the Legal Practitioners Disciplinary Committee; and (3) receiving an affidavit from any legal practitioner who in consideration of his/her relationship with his/her client by consanguinity or affinity, charged no fees for legal services provided to the client an affidavit disclosing the facts and circumstances justifying rendering gratuitous service to such client.

As can be seen from the above, the functions of the Remuneration Committee do not extend to fixing or prescribing minimum salary or remuneration to be paid to young Lawyers employed in private legal practice or some other form of employment. Sadly, the NBA and the Legal Practitioners Remuneration Committee do not have any power whatsoever, to fix the minimum wage for Lawyers. The National Assembly has the power as prescribed in its exclusive power, to make laws for minimum wage in the Minimum Wage Act (Item 34 of the Exclusive Legislative List). As President, I will prescribe to the National Exclusive Council of the NBA to issue a directory to Lawyers and NBA Branches, to stipulate a minimum wage to be paid to Lawyers in private practice.

7) The Legal Practitioners Disciplinary Committee (LPDC), is in charge of the discipline of Lawyers. I will ensure that the Committee carries out its functions effectively and efficiently, to bring to book those who are in default or in the wrong. The importance of discipline cannot be overemphasised, as it protects the nobility of the legal profession. I will advocate for the amendment of the Legal Practitioners Disciplinary Committee Rules 2020, to fully restore the role and power of the NBA in the investigation of complaints of professional misconduct against legal practitioners.

I will establish disciplinary committees across all Branches, to monitor the compliance of Lawyers with the dress code, conduct, and activities in courts. Prioritise disciplinary proceedings, to ensure that petitions against Lawyers are expeditiously determined. Pursue an aggressive awareness campaign, to draw attention and remind members of compliance and infraction issues. Enhance self-regulation of Lawyers by the NBA, as part of her disciplinary mechanism.

8) I will utilise litigation and advocacy to ensure that non-legal practitioners are precluded from the legal services industry. I will protect the legal industry in Nigeria from the influx of foreign law firms and practices by non-law firms. Commence disciplinary actions against Lawyers who advance such. It is in violation of the laws. It’s not proper for them to take jobs, meant for Nigerian Lawyers.

9) I have a laudable level of confidence, in the ECNBA. To the best of my knowledge, the ECNBA will not fail to deliver a free and fair election. The men and women who make it up are people of integrity, and I have no doubt they will live up to the expectations placed on them to ensure an impartial election.

The integrity of the ECNBA ensures a just and unbiased election, as has been tested and is trusted to deliver the will of the Lawyers who have voted over the years. As such, I have complete trust in the system, I have complete trust in the ECNBA.

Thank you Learned Silk. Best of luck in the election.

Chukwuka Ikwuazom, SAN

1) I received my LLB degree from the University of Nigeria in 2000, and was admitted to the Nigerian Bar in 2002. I gained admission to Columbia University, New York, where I earned an LLM in 2009. Notably, I was honoured with the Harlan Foske Stone Prize for academic excellence and awarded the Judith R. and Michael E. Thoyer scholarship at Columbia University.

Admitted to both the Nigerian and New York State Bars, my expertise spans diverse practice areas. I have litigated landmark cases and advised on complex commercial transactions. I am a Fellow of the Chartered Institute of Taxation of Nigeria.

I am a Partner at Aluko & Oyebode, where I lead the Taxation Practice. In 2020, I was elevated to the rank of Senior Advocate of Nigeria.

I have actively served the NBA in diverse roles. As a member of the NBA Section on Business Law (NBA-SBL), I served as Vice-Chairman of its Employment and Industrial Relations Committee for two terms. I was a member of the Technical Committee on Conference Planning for the NBA Annual General Conferences in 2019 and 2020 and the Chairman of the Local Organising Committee for the 2019 Conference.

In 2017, I was elected Chairman of the NBA Lagos Branch. As Chairman, I pioneered several transformative policies and practices that redefined leadership at the Branch. I initiated knowledge-sharing sessions at Branch meetings, introduced individual and group mentorship programmes for young Lawyers, reconstituted the Branch’s Continuing Legal Education Committee and provided leadership and direction for the Committee to deliver free and regular professional training and seminars to members. My administration institutionalised financial accountability and transparency by providing detailed, easily understandable, and scrutable monthly financial reports to members. Under my Chairmanship, the Judiciary Relations Committee of the Branch collaborated with the Commercial Disputes Legal Network to produce the Administration of Civil Justice Bill, a transformative Bill that will significantly address the challenges with administration of justice in Nigeria. This Bill has been enacted into law, by Ekiti and Delta State.

My administration commenced the construction of a befitting Bar Centre for the Lagos Branch, and left a significant amount in the Bar Centre account. Currently, I serve as the Chairman of the Building Committee of the Lagos Branch.

I served as a member of the National Executive Council of the NBA for an unbroken period of 4 years (2017 to 2021) and was reappointed in 2022 for a two-year term. I currently chair the NBA Security Agencies Relations Committee (NBA-SARC).

In recognition of my notable contributions to the Bar, I was honoured with a distinguished service award by the NBA Lagos Branch during its 2023 Annual Dinner and Awards Night.

2) I have the relevant experience to lead the NBA, having chaired its largest Branch with distinction, having been a member of the National Executive Committee for more than 5 years, and having held high office in one of the most vibrant Sections of the NBA (the NBA-SBL). The transformative policies and practices pioneered by my administration in the Lagos Branch, have been adopted by other Branches, and even at the national level.

As a partner in Aluko & Oyebode since 2011, I have been part of the leadership group of one of Nigeria’s most successful law firms for 13 years, and learned useful lessons in leadership that I will deploy as President of the NBA. My membership of the New York State Bar, has also exposed me to how an association of Lawyers can be run effectively and efficiently.

I have the right values, competence and vision to lead the NBA, at this critical period of our journey. As Chairman of the NBA-SARC, I have demonstrated that I can speak truth to power, and that the NBA under me will fulfil its mandate of upholding the rule of law.

3) All three of us running for President, are good. However, I believe that I stand out from the other candidates. First, and with every sense of humility, of the other two candidates, one has never chaired a Branch, section or forum in the NBA, and although the other candidate has, he does not have the track record of excellent performance that I have. Secondly, I am the only candidate whose practice spans both corporate commercial work and litigation, and this puts me in a position to understand and proffer solutions to the challenges faced by both parts of the profession. Thirdly, neither of the other two candidates has my experience, being a part of the leadership team of a large commercial firm.

In my manifesto, I have listed several issues I intend to deal with as NBA President, but, the three things I will focus on primarily are: justice sector reform, regulation of the profession and welfare of the legal profession. Regarding justice sector reform, I will, among other things, push for the enactment of the Administration of Civil Justice Bill, ensure that we send our best to represent us in institutions such as the NJC and FJSC, institute a nationwide court monitoring system, push for statutory and constitutional reforms to eliminate undue delays in our justice delivery.

As it concerns the regulation of the legal profession, I will push for the enactment of the Legal Profession Regulation Bill. I believe that the proposals contained in that Bill, will go a long way in addressing the many regulatory challenges we face in the legal profession. Finally, to improve the welfare of the legal profession, I will devise innovative ways to enforce the Remuneration Order, 2023.

4) As NBA President, my approach will be both decisive and fearless in defending the rule of law and protecting human rights. The current state of impunity and undermining of the rule of law by security agencies and public office holders in Nigeria, calls for a resolute and fearless NBA.

Under my leadership, the NBA will prioritise the defence of the rule of law and the protection of the rights of members of the Bar, the Bench, and the public.

In my role as Chairman of the NBA-SARC, I have consistently spoken out against the wrongful conduct of security agencies.

5) One of the most important qualities I have imbibed working at Aluko & Oyebode for about 22 years, is the ability to work in a team and value the contributions of every member of the team. In our firm, the ability to work well as a member of a team, is a key performance indicator.

Throughout my time as Chairman of the Lagos Branch, disagreements among members of the Exco were swiftly resolved, and never made it to the public. As President, I will accord respect to every member of the National Executive Committee, and allow them to carry out their constitutional responsibilities.

6) As partners and leaders in our respective law firms, the three candidates in this election have had opportunity to implement the spirit of the Order in our firms. Any leader who fails to provide a decent wage to his employees, lacks the moral authority to enforce the standards under the Order. Young Lawyers know which firm among those of the candidates, offers the most competitive wages and benefits.

Under the Rules of Professional Conduct, 2023, non-compliance with the scale of charges prescribed under the Order is professional misconduct. The NBA under my watch, will strongly advocate for compliance with the scale of charges. We will put structures in place to ensure prompt reporting, swift prosecution of defaulters and devise innovative ways of enforcing the scale of charges.

7) As President, I will push for the overhauling of the disciplinary processes in the profession, in line with the proposals contained in the Legal Profession Regulation Bill. The current centralisation of the Legal Practitioners Disciplinary Committee and the undue delay in concluding disciplinary proceedings, do not promote discipline.

The NBA under my watch will put in place mechanisms that ensure that professional misconduct is promptly punished, regardless of the stature of the offender.

8) The Legal Practitioners’ Act and the Rules of Professional Conduct, make clear provisions on who can practice law in Nigeria. The NBA under my leadership, will jealously guard the right to practice law in Nigeria, which is the exclusive preserve of Nigerian Lawyers. We will set up monitoring teams across the country, and ensure that the full weight of the law is brought upon offenders.

9) I have great confidence, in the integrity of the Chairman and members of the ECNBA. I also trust that the President of the NBA, is determined to give us a credible election. However, given that technology is not failproof, we must all continue to pay close attention to, monitor and interrogate, the process.

Thank you, Learned Silk. Best of luck in the election.

Tobenna Erojikwe

1) My name is Tobenna Erojikwe. I was called to the Nigerian Bar in year 2000. Immediately after my call to Bar, I started my law practice career as an Associate at The Law Crest LLP. I practiced as a litigator and as a transaction Lawyer for a number of years before heading out to England, where I qualified as a Solicitor of the Superior Courts of England and Wales. Over a 10 year practice period in England, I worked in the private and public sector, specialising in Urban Regeneration Financing and Major Infrastructure Projects Advisory. I worked on many ground breaking transactions, and had the privilege of advising on some of the most notable urban regeneration projects in Europe. I returned to Nigeria in 2014 and have been a senior partner at the Law Crest LLP since then, working mostly now on energy related transactions.

I am a member of NBA Lagos Branch. I was co-opted as a member of the Exco of the Branch for 4 years, over two consecutive administrations. During that period, I also served as Chairman of the Branch’s Continuing Legal Education Committee. I am a member of the Section on Business Law (SBL) and have played roles in the Section, including being a member of the Task Force on the Enforcement of the Local Content Act.

At the National level of the NBA, I served as a member of the Finance Committee, General Purposes Committee and member of the Legal Education Committee. I was Chairman of the Technical Committee on Conference Planning for the NBA Annual General Conference in 2022. In 2022, I was appointed to represent the NBA at the National Judicial Council for a period of 2 years. I was the Chair of the Policy Formulation and Project Implementation Team during the Olumide Akpata administration of the NBA.

I am currently the Chairman of the NBA Institute of Continuing Legal Education.

2) In the time that I have been involved in the NBA, I have had the privilege of being appointed to significant roles in the Association. I have discharged my responsibilities to the very best of my abilities. At the Branch level, I lead a team that transformed the Continuing Legal Education design of the Branch, and laid a solid foundation over a period of 4 years for sustainability and progress. As Chairman of the Board of the NBA Institute of Continuing Legal Education, I have also led a team that has transformed that Institute from a previously moribund organ of the NBA to perhaps, the most effective organ. Over 200 world class trainings, a 700 man Mentoring Scheme, a Virtual Library, strategic partnerships with notable local and international organisations including Universities and law firms and more, stand to the credit of that Institute.

In my time in the NBA, I have shown a capacity to provide leadership and to develop creative and innovative ways of solving problems. In my role as Chair of policy formulation and project implementation during the Akpata administration, I demonstrated leadership in the development of workable ideas and implementation of complex initiatives. I have worked across two jurisdictions as a litigator and transaction Lawyer, in private practice and the public sector. I have over the years, garnered extensive experience and exposure which I consider crucial for the type of NBA that we intend to build. In the course of my career, I have through training and work experience, garnered extensive administrative and management experience which should serve me well if elected President of the NBA.

3) I will be running on my record of service to the Association, and the ascertainable value that I have led various teams at various levels in the NBA to achieve. I think that the work that I have done and continue to do in the NBA, gives the electorate great insights to my character, philosophy and ideology. For instance, the way and manner that I have run the Institute, illustrates my belief in investing in people and promotion of social mobility.

There are 3 main thrusts of my aspiration, and they are as follows: (a)To restore the Dignity of the Bar and reactivate its voice as a promoter of the Rule of Law – this would include a proactive approach to matters that relate to the Independence of the Bar, Independence of the Judiciary and Protection of Human Rights of citizens; (b) The restructuring of the the governance and administrative framework of the profession; and (c) Empowerment of members of the Bar through creating platforms of upliftment. The breakdown of the plans for my administration, are contained in my manifesto.

What I have found in the NBA, is that we spend an inordinate amount of time discussing things that we had discussed before. So, I will seek to implement resolutions of the NBA that had been previously passed, but not implemented. We will start immediately to implement the Access to Finance Scheme, Court Monitoring Scheme, Secretariat Reform, pursuing legislative advocacy for the passing of the Legal Education Bill, etc. We already have NEC approval to implement these schemes, so, implementation will start immediately and be completed within 9 months of the administration.

4) Nigeria needs credible men and strong institutions to play their role in its affairs, if it is going to achieve sustainable and positive growth. My antecedents clearly attest to the fact that I have always expressed my views on matters of national importance, and will not be afraid to speak the truth as the need and occasion requires.

5) Every member of the National Executive Committee of the NBA is elected independently, so, each would have an idea of how they think that the Association should be run, but, the buck stops with the President who has the responsibility to provide leadership and direction for the Association. If elected President , I will set out a clear vision of leadership and will ensure that positive ideas from the Manifesto of other officers are included in the administration’s implementation roadmap. My focus will be on delivering value to the Association, and I will apply the leadership and management skills that I have acquired over the years to my Presidency of the Bar.

6) As you may be aware, in my role as the Chair of the Policy Formulation and Project Implementation Team during the Akpata administration, I played a major role in developing the terms of reference for the Remuneration Committee. The NBA spent two years developing the policies regarding remuneration including elements that had to do with a minimum wage scale. In the short term, we will immediately start implementing the aspects of the White paper on Remuneration which have not yet been implemented. We will also immediately start pushing for the harmonised version of the Legal Practitioners Bill, to be passed. The Bill contains proposals on far reaching structural changes, that would deal with most of the issues mentioned.

Most importantly, we will be deliberate in investing human and material resources on capacity building, whilst seeking to expand the legal practice market by insisting on the full implementation of the LPA and the Local Content Act. We need to check the excesses of government officials who breach these rules, and fight to see that all earning opportunities for Lawyers are protected and properly ring fenced.

7) I will lead from the front on all matters that concern the Bar, and the ethical conduct of members. We have paid very scant attention to ethical standards and consequence management for bad conduct. I think it critical that we understand that, trust is an important aspect of our craft. We should do all within our power to ensure that we enjoy the confidence of the public, by having a disciplinary framework and an enforcement mechanism that instils confidence in members of the profession and the public. For the NBA to compete in an increasingly globalised world, the profession and its members must pay keen attention to the enforcement of ethical standards. Unfortunately, the role of the NBA in the disciplinary process is almost non-existent. The NBA under my watch, will discuss the introduction of a more effective and efficient disciplinary system with the CJN and BOB, and seek to establish a decentralised system for determining culpability and enforcement of same. In the meantime, wherever the NBA finds credible information about infractions such as forum shopping, such matters will be reported to the LPDC by the NBA

8) It is difficult to consider issues in isolation, so, in the long term, we must have the harmonised version of the Legal Profession which contains draft provisions on post-education qualification training regime including pupillage and mandatory continuing legal education. I make this point because efficient service delivery, is key to survival in the legal industry space. We must therefore, invest in career development so our that practices have the capacity to deliver services efficiently.

9) The Chairman of the ECNBA is a distinguished colleague, and has conducted himself very professionally throughout the process so far. My main concern, which I have written to the ECNBA about, is that the ECNBA hasn’t followed the process set out in the NBA Constitution. Following the provisions of the NBA Constitution, gives confidence to the system.

Thank you. Best of luck in the election.

• Culled from THISDAY LAWYER

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NEWS RELEASE

Mazi Afam Osigwe, SAN Congratulates Mustapha M. Kashim, Esq. and the Newly Elected Leadership of the Nigerian Bar Association, Dutse Branch, Jigawa State

I extend my heartfelt congratulations to Mustapha M. Kashim, Esq. and Esteemed Members of the Newly Elected Leadership of the Nigerian Bar Association, Dutse Branch, Jigawa State. Your victory is not only a testament to your leadership abilities but also a recognition of your unwavering commitment to the legal profession and the pursuit of justice.

As you assume the role of Chairman, I do not doubt that you will bring your expertise, integrity, and passion to this esteemed position. The legal community in Dutse and beyond will undoubtedly benefit from your leadership.

The Nigerian Bar Association plays a crucial role in upholding the rule of law, promoting justice, and defending the rights of citizens. Your new role comes with significant responsibilities, and I am confident that you and your team will rise to the occasion. Your dedication to justice, fairness, and the principles of the legal profession will serve as a guiding light for the entire Dutse Branch.

I encourage you to foster unity and collaboration among the members of the association, to work towards the common goal of advancing the legal profession and ensuring access to justice for all. Your leadership will undoubtedly inspire the next generation of lawyers and contribute to the development of a just and equitable society.

Once again, congratulations on your well-deserved election. I look forward to witnessing the positive impact of your leadership on the Nigerian Bar Association, Dutse Branch, and the broader legal community.

Wishing you a successful and fulfilling tenure ahead.

Warm regards,

Mazi Afam Osigwe, SAN

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All is set for publication of the inaugural issue of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) Newsletter following a call for contributors by the Anne Agi-led Editorial Board.

In a statement made available to CITY LAWYER, the Editorial Board stated that “Columns could be case studies (1,000 to 1,500 words) supplemented with real-world experience, analysis or research. Compelling first-person or personal stories and opinion pieces also are welcome.”

Below is the full text of the statement.

CALL FOR CONTRIBUTORS TO ISSUE 1 OF THE NIGERIAN BAR ASSOCIATION SECTION ON PUBLIC INTEREST AND DEVELOPMENT LAW (NBA-SPIDEL) NEWSLETTER

SPIDEL Newsletter Call for Contributors

The Editorial Board of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) set up to publish quarterly newsletters for sharing the Section news and announcements, well-researched papers mainly centred on Public Interest and Development Law hereby calls for contributors.

The newsletter will also feature original content aimed at other diverse perspectives of law.

Articles are to be sent in within 14 days (no later than the 5th of August, 2023) to: nbaspideleditorialcommittee@gmail.com

Below are the columns for which the Editorial Committee is currently soliciting contributions, as well as more information on how to propose new columns and feature articles.

A. FEATURE ARTICLES
Articles which explore in depth discussions on public interest-related or law development related topics. These can take the form of new/original material; book excerpts; visual essays; articles from regional publications seeking a wider audience; articles from print-only publications that would like the article to be published digitally; modified thesis or thesis excerpts; Comic relieving Legal and National write-ups, etc.
Keep in mind that this is a public interest Section, so articles should have a significant connection to how public interest litigation can advance legal development and the interest of the masses.

B. COLUMNS
Columns could be case studies (1,000 to 1,500 words) supplemented with real-world experience, analysis or research. Compelling first-person or personal stories and opinion pieces also are welcome.

The following columns are currently active and are seeking contributors.

Judgments and Books Review:

A Sense of History. Excerpts and quotes from dictums of judges on using law as a tool for emancipation and development.

Personality of the Quarter.
Personality of the quarter is a quarterly biography of a member of the profession or society carrying out work relevant to objectives of the Section.

State of our courts/Profession.
This Section will report on court proceedings and on matters arising from the administration of justice.

Acts of Heroism. Acts of Heroism delves into the history and culture of Nigerians who have acted in the public interest.

New Column Proposals: As we grow our newsletter, we expect to add additional columns in the future. If you have a subject or approach on which you’d like to write regularly and for which you’d like to propose a column, contact us @ nbaspideleditorialcommittee@gmail.com.

C. NEWS ITEMS AND ANNOUNCEMENTS
Short, topical, news oriented items and sub-committee updates.

All contributors are welcome, and our editors will work with you to help you get your article prepared for publication.

PUBLICATION PROCESS
Please see attached call for Contributors for full publication process.

For Enquiries Contact:
The Editor in Chief- Anne Agi, Esq 0805 731 1292

The Secretary-Adekunle Adeniyi, Esq 0802 391 6606
Or email: nbaspideleditorialcommittee@gmail.com

Signed: Adekunle Adeniyi, Esq.
Secretary
Editorial Board
NBA-SPIDEL
20th of July, 2023.

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Ecobank Nigeria Limited has lodged an appeal against the ruling of the Federal High Court, Lagos, delivered by Hon. Justice M. Liman, in the N72 billion lawsuit brought against the bank by Honeywell Flour Mills Plc.

In its Notice of Appeal dated 19th July 2023, filed on the same date, Ecobank seeks to overturn the judgment delivered on 18th July 2023.

The bank is also seeking an Order from the Court of Appeal to uphold its Notice of Preliminary Objection, challenging the jurisdiction of the Federal High Court to preside over the matter.

Alternatively, Ecobank requests the Court of Appeal to dismiss Honeywell’s claim at the lower court, asserting that the evidence presented did not support the claim.

Alongside the Notice of Appeal, Ecobank filed a Motion on Notice to stay the execution of the lower court’s judgment and to prevent Honeywell or any party acting on their behalf from taking advantage of the ruling pending the appeal hearing.

The bank also seeks to restrain the Deputy Sheriff of the Federal High Court, bailiffs, and any other involved parties from enforcing the judgment.

The Bank filed several grounds of appeal, including, challenging the court’s jurisdiction to adjudicate on the matter seeing that the court lacked the power to entertain a claim for damages based on an undertaking made by the Bank despite the judgment of the Supreme Court, which confirmed Honeywell’s indebtedness to Ecobank and directed Honeywell to settle its obligations. Ecobank maintains that this judgment by the Supreme Court nullifies the foundation of Honeywell’s current suit.

In its third Ground of Appeal, Ecobank contends that the judgment was delivered outside the constitutionally prescribed period of 90 days, resulting in a miscarriage of justice against the bank.

The trial concluded on 9th March 2021, and written addresses were adopted on 16th March 2022, while the judgment was delivered on 18th July 2023, more than two years after the trial’s conclusion.

Ecobank argues that the prolonged delay affected the court’s impression of the trial, leading to a judgment that does not align with the weight of evidence presented.

The Federal High Court sitting in Lagos had awarded N72.2 billion in damages to Honeywell Flour Mills Plc in a judgement delivered by Justice Liman on the flour milling company’s protracted legal battle against Ecobank Nigeria Limited.

On Tuesday, July 18, Liman brought to an end an aspect of the drawn-out legal tussle between both entities by ruling in favour of Honeywell Flour Mills. The company had sought N72.2 billion in damages from Ecobank for the harm caused by the bank’s freezing of its assets in 2015.

The legal dispute started when Ecobank and its lawyer Mr. Kunle Ogunba, SAN obtained ex-parte orders from the Federal High Court to freeze Honeywell Flour Mills’ assets, including its bank accounts, halting the company’s operations.

It was argued for Honeywell that the order caused it severe reputational and operational damage. For weeks, the business was unable to fulfil its obligations to stakeholders including inability to pay suppliers, process Letters of Credit, and collect payment from distributors.

Honeywell Flour Mills then applied for the discharge of the orders and the court varied the asset freezing ex-parte orders, allowing the company limited access to its accounts. In 2016, upon appeal, the Court of Appeal overturned the ex-parte orders, restoring Honeywell Flour Mills’ right to operate its accounts without restrictions. The Court of Appeal held that Ecobank’s request to freeze the assets should not have been granted in the first place. This was subsequently affirmed by the Supreme Court in July 2018.

After the Supreme Court upheld the Court of Appeal judgement, Honeywell Flour Mills demanded Ecobank fulfil its undertaking to compensate the company for the loss suffered due to the ex-parte order. The company sought damages, filing a suit in excess of N72 billion against Ecobank.

Although Ecobank argued against the validity and technicality of the conditions, seeking a dismissal of the suit, the court held that the bank violated the law and caused Honeywell Flour Mills significant damage with the asset freeze. The judge, while giving his ruling, said: “The defendant’s arguments in this regard cannot stand. I have no hesitation in granting relief in favour of the plaintiff.”

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A human rights advocate, Mr. Kayode Ajulo OON has urged President Bola Tinubu to intervene in the case of suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Abdulrasheed Bawa and “to intra vires look into this issue and order that the captive be set free in a bid to uphold the tenets of the law and properly prosecute the matter for the court to decide and pronounce the suspended EFCC chairman guilty or otherwise of the offence.”

In a statement made available to CITY LAWYER, Ajulo said that the continued detention of Bawa without trial “is a ploy to guilt what His Excellency Asiwaju Bola Ahmed Tinubu, GCFR and his administration stand for.”

Below is the full text of the statement.

ATTENTION MR PRESIDENT: ILLEGAL AND LONG DETENTION OF MR ABDULRASHEED BAWA & OTHERS BY THE DSS AND THE IMPERATIVENESS OF THE COURT TO DECIDE THEIR FATE

I once again present my warmest and most sincere compliments to our dear President, His Excellency, Asiwaju Bola Ahmed Tinubu GCFR. Hearty kudos for the months, weeks, days, hours, minutes and seconds spent in power and for taking bold, pragmatic and egalitarian steps to assent several bills into law in a bid to boost and revive the country’s economy amidst other strata. I unreservedly salute your Excellency for the developments thus far but would however beseech and appeal that several of the bills passed should be professionally reviewed further to ensure that better amendments are made to some of them but I would, however, dwell less on this path as that is not the locus and focus of this press statement.

Your Excellency would recall that on May 29th, 2023 during your swearing-in and in your inaugural speech, you said,

“Our constitution and laws give us a nation on paper. We must work harder at bringing these noble documents to life by strengthening the bonds of economic collaboration, social cohesion, and cultural understanding. Let us develop a shared sense of fairness and equity”.

Further in defining the principles that would guide your administration, Your Excellency then said:

“Nigeria will be impartially governed according to the constitution and the rule of law”.

However, before this time Mr President you have displayed your trust in and advocacy for the rule of law as enshrined in the speech you directed to the former President Olusegun Obasanjo in 2004, about 19 years ago, during the Christmas Eve event at Island Club in Lagos. You said:

“Federal government has a responsibility. They are the leader of moral persuasion. The number one law implementer must obey the rule of the land. You cannot be junketing around the world looking for investment for this country- you want to create employment opportunity, you want people to come and invest in Nigeria. The investors will ask you can I come in and if I find anything wrong can I go to your judiciary, will you obey the rule of law?”

The first principle on the list, though brief and concise but entails and embeds a lot in its simplicity. Therefore, the same cannot be said casually without work done towards upholding and adhering to it.

Your Excellency, let me also remind you that one of the fundamental ills of the past administration headed by former President Muhammadu Buhari which was vehemently rebuked by many Nigerians was his failure to comply with the provisions of the Constitution regarding issues of unlawful detention as many suffered abuses to their Fundamental Rights as provided for in chapter IV of the 1999 Constitution of the Federal Republic of Nigeria(as amended), particularly provisions of Section 35 relating to rights to Personal Liberty and further recognized by the provisions of Articles 6 & 9 of the African Charter on Human and Peoples’ Rights as well as Articles 3 & 9 of the Universal Declaration of Human Rights.

Consequently, in impartial governance according to the constitution and rule of law, issues of rights of individuals and citizens should be paramount and all measures, actions and procedures to correct aberrant personnel should be done by the provisions of the law and nothing below such standard counts as same contradicts the principles with which your administration sets out to govern the Nation.

Let me foremostly posit that I remain an unrelenting enthusiast and advocate of Human Rights who have consistently clamoured for the principle of the Rule of law and good governance. So, I make bold to state that the purpose of this statement is not based on the influence of any personality and it is genuinely from a position of safeguarding the law and its constituent.

If there are doubts, several pronouncements, publications and demonstrations exist in the record of the polity where I have aired my dissent and loud cry as to the defective administration of some agencies of government particularly the Economic and Financial Crimes Commission (EFCC) by its suspended chairman some of which are premised on the unjust treatment of people who go to visit the commission for several purposes as well as the act of fewer regards given by the Commission and its staffs to the accused and legal practitioners.

In a nutshell, it is lucid that I am neither a friend nor a fan of the embattled former Chairman and his administration but I remain a devoted friend and fan of the law and upholding its tenets.

The Position of the law is clear as to when detention becomes unlawful in the case of Dokubo-Asari v. FRN (2017) Lpelr-958(SC) where Justice Ibrahim Tanko Muhammad, JSC (Pp 38 – 41 Paras E – C) in interpreting the provisions of Section 35 of the 1999 Constitution of FRN stated that.

“Now, let me turn to the provisions of Section 35 of the Constitution. These provisions in the first place are not absolute. The relevant provisions of the section are as follows: “35(1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law – (c) For the purpose of bringing him before a Court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence; (4) Any person who is arrested or detained in accordance with subsection (1)(c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period of: (a) two months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or (b) three months from the date of his arrest or detention in the case of a person who has been released on bail. he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date. (7) Nothing in this section shall be construed – (a) in relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and (b) as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the Federation, or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the Armed Forces of the Federation or of the Nigeria Police Force, in respect of an offence punishable by such detention of which he has been found guilty.” (Italics supplied for emphasis) The above provisions of Section 35 of the Constitution leave no one in doubt that the section is not absolute. Personal liberty of an individual within the contemplation of Section 35(1) of the Constitution is a qualified right in the context of this particular case and by virtue of subsection (1)(c) thereof which permits restriction on individual liberty in the course of judicial inquiry or where, lightly as in this case, the appellant was arrested and put under detention upon reasonable suspicion of having committed a felony. A person’s liberty, as in this case, can also be curtailed in order to prevent him from committing further offence(s). It is my belief as well that if every person accused of a felony can hide under the canopy of Section 35 of the Constitution to escape lawful detention then an escape route to freedom is easily and richly made available to persons suspected to have committed serious crimes and that will not augur well for the peace, progress, prosperity and tranquility of the society. I find support in so saying from Irikefe’s JSC (as he then was) earlier pronouned in the case of Echeazu v. Commissioner of Police (1974) NMLR 308 at page 314.”

It is clear from the above that except in issues or matters of reasonable suspicions of commission of capital offences and even the (b) clause relating to members of Police and armed forces are premised on the pronouncement of guilt before detention can be permissive.

One thing is pertinent which we cannot, however, shy away from and that is the fact that Abdulrasheed Bawa has thus far been accused to have violated and erred in so many ways some of which include but are not limited to, “various charges of abuse of office, accused of stealing and selling dozens of petrol-bearing trucks confiscated from suspected looters and auctioning them off to his proxies at ridiculous prices while he was in charge of the Port Harcourt office of the EFCC, and alleged violation of the code of conduct for public officers by owning properties beyond his legitimate income.” As recorded by many Newspapers publications.

What is however worthy of note is that all of these allegations against the suspended EFCC chairman have not been proven and his innocence remains except the Court pronounces him guilty of all. The continuous detention upon his arrest by the State Security Services remains unlawful, bizarre and a breach of his Right to personal liberty as provided for by the Constitution and same should not be a measure of torture as it is unconstitutional and only stains the name of Your Excellency and contradicts your foremost principle in setting things right in our nation.

According to a statement in the media credited to the public relation officer of the DSS, Mr Peter Afunnaya, on the arrest of the suspended Governor of the Central Bank, Mr Godwin Emefiele, he said:

“The Service implements Standard Operating Procedures on Suspect Handling and Investigation to the latter. It conducts its affairs transparently, professionally and respects the rule of law in compliance with democratic governance.”

I hitherto conclude on the whole that the arrest and unlawful detention of Abdulrasheed Bawa by the State Security Service is a ploy to guilt what His Excellency Asiwaju Bola Ahmed Tinubu, GCFR and his administration stand for.

I, on the backdrop of this urge, beseech and appeal to the President and Commander- in -Chief to intra vires look into this issue and order that the captive be set free in a bid to uphold the tenets of the law and properly prosecute the matter for the court to decide and pronounce the suspended EFCC chairman guilty or otherwise of the offence.

My full solidarity compliments.

Signed:
Dr. Olukayode Ajulo, OON, FCIArb. UK
Castle of Law, Abuja-Nigeria.

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