‘WHERE IS ABDULRASHEED BAWA?’ ASKS CHIDI ODINKALU

Around 6 February 2005, John Githongo, Permanent Secretary in Kenya’s Presidency responsible for Governance and Ethics, resigned after only two years in the role. As Michaela Wrong narrates in her vicarious memoir of Githongo’s tenure, his resignation letter was transmitted from an anonymous grocer’s shop in London at the beginning of what turned out to be a three-year-long exile. He had fled the job “fearing he could be murdered.”

When he took up the position in 2003, Githongo had arrived with energy and ideas from a senior role in global corruption watch-dog, Transparency International. Corruption, he told Ms. Wrong, “could only be fought from the top.” The main lesson from his two years on the job, instead, appeared to be that fighting corruption was also most usually frustrated from the top.

Ngozi Okonjo-Iweala, who had her own run-ins with trying to keep the country on the tarmac as Finance Minister, titled her memoirs on public finance reforms: Fighting Corruption is Dangerous. The New York Times described Githongo’s experience as “a cautionary tale about the dangers of challenging a thoroughly corrupted system.” Such tales have become the staple of a succession of bedraggled tenures of chief executives of Nigeria’s leading anti-corruption institution, the Economic and Financial Crimes Commission, EFCC.

By some coincidence, the EFCC’s first Chairman, Nuhu Ribadu, took his job in the same year that President Mwai Kibaki appointed John Githongo to his position as the presumptive Czar of anti-corruption in the country. The year after his appointment, Ribadu reached an agreement with the Nigeria Police College, Ikeja, to train cadets for the EFCC. Among the graduates from the Course 1 Cadet cohort in 2004 was one Abdulrasheed Bawa.

The brief of the EFCC, meanwhile, ran up against constitutional design and cynical politics. Although the Commission is empowered primarily to ensure accountability through criminal prosecutions, ultimate control of that function under Nigeria’s constitution lies not with the Chairman of the EFCC but with the Attorney-General of the Federation and Minister of Justice, who sits in Cabinet, where the EFCC Chair does not. What the president gives to the EFCC Chair, he can take away by sleight of hand, a nod, or a wink in the direction of his Attorney-General.

Within two years at the beginning of the Millennium, Nigeria had created two anti-corruption institutions where one would easily have served. In 2000, President Olusegun Obasanjo first established the Independent Corrupt Practices and Other Related Offences Commission, better known as the ICPC, to fight routine bureaucratic malefaction.

But Nigeria was on the receiving end of sovereign stress from the Financial Action Task Force (FATF) for allegations of high profile international financial crimes involving a joint enterprise of private citizens and public institutions, which made the rehabilitation of the country’s international credit rather frustrating. Somewhat under international duress, therefore, President Obasanjo established the EFCC to help him create the impression that the country was serious about this problem. The motive for the EFCC, it seemed clear from inception, was both instrumental and performative. That was clear enough to the politicians who created it. Most of the leaders of the institution since, however, liked to pretend to the contrary.

The EFCC volubly advertises its relative success against the most notorious advance fee fraud syndicates but has proved entirely inept in bringing to account senior politicians, who have turned Nigeria into an object of abject pillage and plunder, often with the collusion of a succession of occupants of the office of the Attorney-General of the Federation.

Successive Chairs of the Commission have ended all ended up tarnished and hounded.

Nuhu Ribadu was a dashing 40-year old police officer and lawyer who came to national prominence at the turn of the millennium representing his employers before the Human Rights Violations Investigation Commission headed by Justice Chukwudifu Oputa. He brought that gusto to his role as the pioneer chair of the EFCC where he seemed to command considerable bandwidth with then president, Olusegun Obasanjo to the point of holding sway in decisions over who was eliminated from the line of succession as Obasanjo’s tenure wound to a close.

A 2006 US Embassy Cable disclosed by Wikileaks feared that the work of fighting corruption under him was “widely perceived to be nothing more than a political witch hunt by President Obasanjo”. Human Rights Watch famously criticized him as preoccupied with the pursuit of “more headlines than convictions.” As Githongo made his way back to Nairobi from three years in exile in 2008, Ribadu was headed out to his own exile of about the same duration after suffering multiple humiliations and exposure to worse at the hands of Obasanjo’s successors.

The tenure of Farida Waziri, the retired Assistant Inspector-General of Police, who succeeded Ribadu at the EFCC, seemed ill-fated from the beginning. According to another cable also disclosed by Wikileaks, Mrs. Waziri was a client of the same politicians whom she was supposed to investigate and her every step seemed to be dogged by suspicion and controversy. A few months into his elected tenure in November 2011, President Goodluck Jonathan mercifully relieved Mrs. Waziri of her position citing “national interest.”

Ibrahim Lamorde, who replaced Mrs. Waziri in 2011, was sacked in November 2015, barraged by allegations by the National Assembly very much redolent of the kind that he should have been investigating against those who were hounding him.

His successor, Ibrahim Magu, had the distinction of serving his tenure without Senate confirmation. On 6 July 2020, operatives of the State Security Service (SSS), arrested Mr. Magu and detained him for interrogation in connection with allegations of corruption.

Abdulrasheed Bawa was the first Chairman of the EFCC who was not a Police Officer. A lifelong staff of the Commission, Bawa was barely 40 when he was appointed to the role in February 2021 in somewhat controversial circumstances. On 14 June, 2023, the presidency announced his suspension from office for opaque reasons given as “weighty allegations of abuse of office”. More than 120 days later, Bawa remains disappeared, reportedly an unacknowledged hostage of the SSS, his location unknown and undisclosed.

At least three aspects of Bawa’s fate merit attention. First, a government that claims democratic legitimacy should not be in the business of disappearing citizens, irrespective of what they are accused of. Whatever the allegations against Mr. Bawa are, they cannot justify putting him beneath the constitution.

Second, Nigeria’s constitution prohibits administrative detention, which is exactly what has become Mr. Bawa’s fate. Nigerians did not suffer that silently from military dictators. An administration led by those who claim to have resisted the abuses of military rule should not be caught now replaying the playbook that they reviled. If there are serious allegations against Mr. Bawa, he deserves to be brought to account administratively in line with the service regulations of his employers or before a court of law. Neither option warrants his indefinite disappearance.

Third, established under the National Security Agencies Act, the powers of the SSS are limited to investigation and enforcement of crimes “against the internal security of Nigeria.” Allegations of “abuse of power”, which the presidency claims to be the reason for Bawa’s suspension, would appear to be outside the scope of the SSS.

The standard response to this is that Mr. Bawa is receiving a taste of the medicine of institutional caprice that his EFCC meted out to suspects. The shortcomings of the EFCC under successive leaderships since its inception, including its investigation and detainee management protocols, are well documented. However, the habit of terminating successive leaders of the institution into political persecution is independent of that pattern.

Ironically restored under the current regime to public service as National Security Adviser, Nuhu Ribadu, who bears indelible scars from being hounded into exile as pioneer chair of the EFCC, today supervises the disappearance of Abdulrasheed Bawa in complicit silence.

Nigeria’s politicians may be interested only in co-opting the language of fighting corruption but citizens have a duty to care that corruption is not enabled with official impunity. The disappearance of Mohammed Bawa is not merely a violation of the standards of Nigeria’s laws and constitution; it also ensures that the job of fighting impunity for grand corruption in Nigeria does not stand any chance of success.

A lawyer and a teacher, Chidi Anselm Odinkalu can be reached at chidi.odinkalu@tufts.edu

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AFAM OSIGWE HAILS NEW YLF EXCO, EXCITES AT NBA GARKI LAW WEEK

NEWS RELEASE

Congratulations to the New Leadership of the Young Lawyers Forum of the Nigerian Bar Association.

I extend my warmest congratulations to Mr. Abdulrauf Tijani and Esteemed Members of the Young Lawyers Forum Executive Committees on assuming the leadership of the Young Lawyers Forum of the Nigerian Bar Association. This is indeed a significant milestone, and I want to commend you and your team for your commitment to serving the legal community and advocating for the rights and interests of young lawyers in Nigeria.

The Young Lawyers Forum plays a vital role within the Nigerian Bar Association and the legal profession as a whole. It serves as a platform for nurturing talents, fostering professional development, and addressing the unique challenges experienced by young lawyers as they embark on their legal careers. The importance of this forum cannot be overstated, as it is instrumental in shaping the future of the legal profession in Nigeria.

As you take on this leadership role, it is crucial to recognize the high expectations that come with it. Here are some reasons why it is imperative for the new leadership to ensure they live up to these expectations:

  1. Mentorship and Guidance: Young lawyers look to the forum for mentorship and guidance as they navigate the complexities of the legal profession. Your leadership should prioritize mentorship programs, workshops, and initiatives that provide invaluable support to the next generation of legal professionals.
  2. Advocacy for Rights: The forum is a powerful advocate for the rights and welfare of young lawyers. It is your responsibility to actively engage with relevant stakeholders, including the Nigerian Bar Association itself, to address issues such as fair representation, access to resources, and equitable opportunities for young lawyers.
  3. Professional Development: Facilitating continuous learning and professional development is fundamental. Organize seminars, training sessions, and networking events that enable young lawyers to enhance their legal skills and expand their professional networks.
  4. Community Engagement: The forum should actively engage with the legal community and the public at large. This can involve legal awareness campaigns, pro bono initiatives, and outreach programs that demonstrate the social responsibility of young lawyers.
  5. Advocating for Legal Reforms: Young lawyers often bring fresh perspectives and ideas to the table. Your leadership should be proactive in advocating for legal reforms that can improve the legal system in Nigeria and better serve the interests of both lawyers and the public.

The Young Lawyers Forum is a cornerstone of the Nigerian legal profession, and your leadership holds the key to its continued success. By prioritizing mentorship, advocacy, professional development, community engagement, and legal reforms, you can ensure that the forum will not only meet but exceed the expectations of young lawyers and the broader legal community.

Once again, congratulations on your appointment, and I am very confident that under your guidance, the Young Lawyers Forum will thrive and make lasting contributions to the Nigerian legal landscape.

Accept the assurances of my best regards.
Mazi Afam Osigwe, SAN

MAZI AFAM OSIGWE, SAN DELIVERS A SPEECH AT THE PANEL SESSION OF THE NBA GARKI BRANCH LAW WEEK

On Monday, 18th of September, 2023, Mazi Afam Osigwe delivered a speech as a panelist at the panel session of the NBA Garki Branch Tagged: Law Business, Branding, Billing Collaboration for Growth.

At the session, Mazi Afam Osigwe’s speech was truly enlightening. His insights on law business, branding, billing, and collaboration for growth were invaluable.

He posited that it is evident that in today’s legal landscape, these aspects are not just essential but interconnected for success. Osigwe’s expertise shone through as he emphasized the importance of strategic branding to distinguish oneself in the legal market.

His thoughts on billing practices shed light on fair and sustainable fee structures. Collaboration was a recurring theme, highlighting the need for lawyers to work together for professional development and to better serve their clients.

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AGC LATE REGISTRATION CLOSES TODAY, BAG COLLECTION BEGINS

  • VIRTUAL REGISTRATION STILL AVAILABLE

The Nigerian Bar Association’s Annual General Conference Planning Committee, NBA-AGCPC 2023 has urged lawyers to hurry and register for this year’s Annual Conference before the final deadline of midnight today.

After today’s deadline, intending conferees can only participate in the AGC via the virtual registration window.

The Chairman of the Conference Planning Committee, Mazi Afam Osigwe SAN, had at the press conference to unveil the conference website and logo, noted that there would not be any extension once the deadline for late registration lapses.

NBA President , Mr. Yakubu Maikyau SAN had during the press conference stated that the theme for the 2023 Conference, ‘Getting it Right: Charting the Course for Nigeria’s Nation Building’ could not come at a better time than now.

According to him, Nigeria is blessed with immense natural and human resources and could not continue to be deficient in terms of development.

He said that it was the responsibility of lawyers to provide direction and leadership in the country for it to recover its lost glory.

The NBA president said that the situation in the country called for lawyers to take a holistic look at events and evolve concrete solutions to addressing the challenges in the country. To register, click here.

Meanwhile, the Committee has rolled out instructions on the distribution of conference bags.

NOTICE TO BRANCHES ON COLLECTION OF CONFERENCE BAGS

Good evening Distinguished Chairmen.

The AGCPC is happy to announce that the 1st distribution of conference bags will commence from 10am to 4pm on Thursday 17th and Friday, 18th of August 2023 at the NBA National Secretariat.

Kindly note that this first distribution is strictly limited to group collections by the branches in the FCT and Nasarawa, Kogi, Kaduna, and Niger, States and not individual members of the branches.

The following requirements are mandatory for collection of the conference bags.

  1. A letter of authority from the Branch Chairman (if he/she is not collecting in person) stating the name and contact details of the collecting party, and
  2. A valid means of photo identification for the collecting party.

Please note that this is the first distribution and it is starting with branches in Abuja and environs.

Kindly direct all enquiries and requests for clarification to:

  1. Augustine N. Eseagwu
    (SSA/PNBA)
    07031313550
  2. Barbara Omosun
    (NBACPC)
    08083825469
  3. Kemi Beatrice
    (NBA Conference/Events) 08068619570

Kind Regards

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MAJEMITE HAILS WORKERS ON MAY DAY

A leading aspirant in the forthcoming Nigerian Bar Association (NBA), Lagos Branch 2023 Elections, Mr. Emuobonuvie Majemite has commended Nigerian workers on the occasion of Workers Day.

Describing the workers as “ambitious, assiduous and resilient,” the senior lawyer urged them to “always strive for excellence and integrity.”

Majemite is a member of the recently reconstituted NBA Ethics and Disciplinary Committee and a Partner at PUNUKA Attorneys and Solicitors where he heads both the Arbitration and ADR and Property Law practice groups. He is also the Chairman of the Young Members Group (YMG) of the Chartered Institute of Arbitrators (Nigeria Branch).

He is also a Member of the Panel of Neutrals of the Micro, Small and Medium Scheme of the Lagos Court of Arbitrators (LCA) and the Chartered Institute of Arbitrators (Nigeria Branch). He co-authored several chapters on arbitration and has been involved in a number of domestic and international arbitrations as part of the team of counsel.

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SALEH APPOINTED CHAIR OF NBA GARKI PUBLICITY C’TE

Consummate Bar-man and former Welfare Secretary of Nigerian Bar Association (NBA), Unity Bar, Abuja Branch, Mr. Abdussalam Mohammed Saleh has been appointed Chairman of NBA Garki Branch “Committee on Publicity and Media.”

According to an appointment letter signed by Messrs Obioma Ezenwobodo and Olatunji Atoyebi, the Branch Chairman and Secretary respectively, Saleh, who was a member of NBA Ungogo Branch Human Rights Committee, will spearhead the 6-member committee with the mandate to rejig the publicity machinery of the branch.

“We are glad to inform you that you have been appointed to serve as the Chairman of the Branch’s Committee on Media and Publicity,” the letter stated. “We are confident our Branch will gain from your wealth of experience as you and your Committee will project the Branch, give it good visibility with good publicity via social media and any other relevant means.”

Other members of the committee are Mr. Emmanuel Ekwe (Vice Chairman) and Lydia Izan who doubles as incumbent Branch Publicity Secretary and Committee Secretary. Also appointed as members of the committee are Messrs Uchenna Ejimofor, Manny Ikpebe and Uchenna Ibe.

The committee’s expansive Terms of Reference include the following: To

  1. Support, collaborate and assist the Executive Committee in achieving its objectives.
  2. Interface with government and non-governmental agencies dealing with sector and other related matters.
  3. Bring members of the Branch up to speed with happenings in the sector.
  4. Organize programmes, seminars and lectures relating to publicizing the Branch activities.
  5. Present the Branch in a good image and make publications towards laundering the image of the Branch.
  6. Conduct surveys and studies with a view to advising the concerned agencies on the best policies forward.
  7. Participate actively in advocacy, policy and legislative processes geared towards improving the sector.
  8. Be self-funding and may be assisted by the Branch when necessary.
  9. Shall transact with the Branch Bank Accounts in all its financial dealings and remit all money it realized to the Branch Account immediately.
  10. Present its budget or proposal for its event to the Chairman for approval by the Executive Committee and the approval shall take cognizance of the money the committee realized or generated for the said event.
  11. Carry out all its correspondence through the Branch letter headed paper supplied by the Branch and approved by the Branch Chairman.
  12. Obtain the approval of the Branch Chairman before entering into any agreements or memorandums of understanding with any government or private agency.

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