The Supreme Court of Nigeria has berated the Buhari Administration over the Naira Redesign policy.

In a unanimous judgement today, the apex court held that the Federal Government ought to have consulted the National Council of State and the National Economic Council before proceeding with implementation of the policy.

Justice Emmanuel Agim held that it is not in dispute that the President did not consult the two bodies. He stated that they are constituents of the states and ought to have been consulted, adding that while the Nigerian Constitution does not expressly require the Federal Government to consult the bodies before taking any decision, the need to consult them is implicit in the Constitution and in a democracy.

The court held that the President realized belatedly that the bodies ought to have been consulted, adding that there was nothing to show by any public notice that the currency would be redesigned. Agim stated that the public only became aware of the new policy through the mass media, noting that such cannot qualify as a notice to the public. He stated that government’s reliance on such media reports as a proper notice is misconceived and invalid.

The court held that the President in his national broadcast admitted that the policy has brought untold hardships, adding that the decision to change a country’s currency cannot be handed down after a personal consultation with just the Central bank of Nigeria (CBN) Governor.

Agim referred to the procedure in India to anchor the point that changing a country’s currency involves serious consultations, noting that this was not done in the case of Nigeria. “I hold that no reasonable notice was given as required by section 20(3) of the CBN Act,” he said, adding that “The directive and implementation of the policy is invalid.”

The Supreme Court also held that the defendant/Federal Government ought not to be heard when it has refused to obey the orders of the court, adding that disobedience of the orders of the court is a sign of the failure of rule of law.

The court then held that the demonetisation policy is inconsistent with the CBN Act.

It further made a declaration that the President cannot make a unilateral policy without carrying the Plaintiffs along, adding that in issuing the policy, the president is under an obligation to carry the National Council of States along.

The Supreme Court further held that the Naira Redesign policy has impeded the functions of state governments, adding that the directive of the president is illegal.

It ordered that the old version of the Naira notes shall continue to be legal tender with the new naira notes until 23rd December, 2023.

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Former Nigerian Bar Association (NBA) General Secretary, Mazi Afam Osigwe SAN has been appointed by NBA President, Mr. Yakubu Maikyau SAN as the Chairman of the 2023 NBA Annual General Conference Planning Committee.

A statement made available to CITY LAWYER noted that the appointment was made “pursuant to Section 13(2) of the Constitution of the Nigerian Bar Association, 2015 (as amended in 2021), subject to ratification by NEC.”

The 45-member high-level committee has all the chairmen of NBA sections as Ex-officio members, even as Maikyau charged the committee to deliver “a memorable 63rd Annual General Conference for members of the NBA.”

He noted that the Committee “has the liberty to co-opt additional members as the need arises. The theme, venue, and other details of the Conference will be announced in due course.”

Below is the full text of the press statement.

NIGERIAN BAR ASSOCIATION (NBA) 2023 ANNUAL GENERAL CONFERENCE PLANNING COMMITTEE (AGCPC)

EX OFFICIO MEMBERS

1. NBA General Secretary
2. Chairman NBA-SLP
3. Chairman NBA-SPIDEL
4. Chairman NBA-SBL
5. Chairperson NBAWF
6. Chairperson NBA-LWDF
7. Chairman LOAN

The AGCPC is charged with the responsibility of delivering a memorable 63rd Annual General Conference for members of the NBA. The Committee has the liberty to co-opt additional members as the need arises. The theme, venue, and other details of the Conference will be announced in due course.

I thank the members of the Committee for accepting this call to serve our noble Association and enjoin us all to accord them the cooperation needed to deliver on their mandate.

Best regards,

Yakubu Chonoko Maikyau, OON, SAN
PRESIDENT

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PRESS RELEASE

NBA/SPIDEL AND PRAWA TRAINING ON SECTION 12 (4-12) OF THE NCoS ACT 2019 HELD VIRTUALLY ON MONDAY 13th FEBRUARY, 2023

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Embattled former Lagos State Attorney-General & Commissioner for Justice, Mr. Olasupo Shasore SAN will today ask the Federal High Court sitting in Lagos to quash the four-count charge of money laundering brought against him by the Economic and Financial Crimes Commission (EFCC), CITY LAWYER can authoritatively report.

CITY LAWYER had in an exclusive report noted how a four-man team of Senior Advocates battled to secure bail for Shasore following his arraignment last October. The defence team is led by Mr. Charles Candide-Johnson SAN. Others in the team are Mr. Wale Akoni SAN, Dr. Muiz Banire SAN, Mr. Segun Ajibola SAN, and Mr. Chijioke Okoli SAN.

The matter is filed as Charge No. FHC/L/447C/2022, Federal Republic of Nigeria and Olasupo Shasore, SAN. Shasore was the Chief Law Officer during the administration of former Lagos State Governor, Mr. Babatunde Fashola SAN.

An impeccable source who is familiar with the matter told CITY LAWYER that the defence team has filed a motion to strike out the charge for want of jurisdiction.

In the alternative, the defence team would pray the court for an order for the Prosecution to avail it with all relevant documents in their possession not disclosed or absent from the proof of evidence and needed for a robust defence of the matter.

CITY LAWYER recalls that the absence of EFCC Prosecutor, Mr. Bala Sanga had scuttled the trial at the last adjourned date.

When the matter came up, the Lead Defence Counsel, Akoni had told the court that the anti-graft agency had not complied with the order to deposit Shasore’s international passport with the court’s registry.

He also noted that the defence team was in receipt of a letter by the prosecutor requesting an adjournment of the case as it conflicted with another criminal matter that he had in an Abuja court.

Following the abortion of trial, Justice Chukwujekwu Aneke adjourned the matter to today for trial.

Though Sanga had during arraignment prayed the court to remand Shasore in custody, the court had ruled as follows: “There is no doubt that the court must strike a balance based on the evidence before it, between the constitutional rights of the defendant to liberty and presumption of innocence and the rights of the state to prosecute its erring citizens,” the judge held.

“The defendant’s application for bail succeeds and the bail is accordingly granted in the following terms:

“Defendant applicant is admitted to bail in the sum of N50 million with one surety in like sum. The surety must be a serving director or a permanent secretary in the service of the federation or the Lagos state government. Surety to produce two copies each of his or her recent passport photograph and evidence of payment of tax or tax clearance.

“The defendant’s international passport with the complainant shall be deposited with the registrar of this court pending trial. This is the ruling of the honourable court.”

The four-count charge reads:

Count one of the charge reads: “That you Olasupo Shasore, S.A.N. on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court induced Olufolakemi Adelore to commit an offence, to wit accepting cash payment of the sum of US100,000.00 (One Hundred Thousand United States Dollars) without going through a financial institution which such exceeded the amount authorised by Law and you thereby committed an offence contrary to section 78(c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 16(6) of the same Act.”

Count two reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court, in a transaction without going through a financial institution, made cash payment of the sum of USD 100,000.00 (One Hundred Thousand United States Dollars) to Olufolakemi Adelore through Auwalu Habu and Wole Aboderin, which sum exceeded the amount permitted by Law and you thereby committed an offence contrary to sections 1(a) and 16(1)(d) the Money Laundering (Prohibition) Act, 2011 (as Amended) and punishable under section 16(2)(b) of the same Act.”

Count three reads: “That you Olasupo Shasore, S.A.N., on or about the 18th November, 2014, in Lagos within the jurisdiction of this honourable Court, induced one Ikechukwu Oguine, to commit an offence, to wit: accepting case payment of the sum of USD100,000.00 (One Hundred thousand United States Dollars) without going through a financial institution, which such amount exceeded the amount permitted by Law and you thereby committed an offence contrary to Section 18(c) of the Money Laundering Act, 2011 (as amended) and punishable under Section 16 (2)(b) Of the same Act.”

Count four reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through a financial institution and made cash payment of the sum of USD100,000.00 (One Hundred thousand United State Dollars) to one Ikechukwu Oguine which sum exceeded the amount permitted by Law and you thereby committed an offence contrary sections 1(a) and 16(1),(d) of the Money Laundering (Prohibition Act, as amended) and punishable under section 16 (2)(b) of the same Act.”

CITY LAWYER recalls that Shasore was in January last year invited by the anti-graft agency to shed light on his involvement in the Process and Industrial Developments (P&ID) case. The former Lagos attorney-general had represented Nigeria on the P&ID case.

The Federal Government had told a UK court that Shasore colluded with P&ID to pervert justice in the controversial gas supply purchasing agreement (GSPA) contract. Shasore has consistently denied the allegation.

The P&ID had won a $9.6 billion judgment against Nigeria in a British court, claiming that it entered a contract to build a gas processing plant in Calabar, Cross River State. The company stated that the deal collapsed because the Federal Government did not fulfil its side of the bargain.

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Kogi State Governor Yahaya Bello has extolled the virtues of Justice Alaba Omolaye-Ajileye, describing him as wise, professional, erudite, and incorruptible.

Bello spoke at a book launch in honour of Ajileye who recently retired from the Kogi State Judiciary as a High Court judge.

Represented by the state’s Deputy Governor Edward Onoja, Governor Bello said: “I testify that His Lordship is one of those jurists of whom you have no qualms whatsoever in classifying as professional, erudite, wise, upright (even incorruptible) and a fierce Defender of the Independence of the Judiciary as an arm of Government.”

The full text of Bello’s speech is below.

REMARKS BY HIS EXCELLENCY, GOVERNOR YAHAYA BELLO OF KOGI STATE, REPRESENTED BY THE DEPUTY GOVERNOR OF KOGI STATE, HIS EXCELLENCY, CHIEF DR. EDWARD ONOJA AT THE LAUNCH OF A BOOK BY HONOURABLE JUSTICE ALABA OMOLAYE-AJILEYE ON FRIDAY 17TH FEBRUARY, 2023 AT SHEHU MUSA YAR’ADUA CENTRE, ABUJA

I welcome each and everyone of us who have made the herculean effort to come out today in honour of our own Honourable Justice Alaba Omolaye-Ajileye. I use the word ‘herculean’, because it takes an inordinate degree of suspense to leave where you are to go anywhere else in these days of contrived fuel and cash shortages in order to be with anyone, anywhere outside your comfort zone.

It also requires an atrocious amount of expense, and you often have to spend money you went through hell and high water to acquire. I am therefore further persuaded in my assessment of His Lordship, the Author, as a good man by this crowd of quality people who have turned out in support of him. Especially when you have been invited, not to wine and dance, but to spend more of your hard-earned money (hopefully) in launching his book.

I am here in a dual capacity – as the Governor of Kogi State, albeit represented by my able Deputy, His Excellency, Chief Edward Onoja but also as Yahaya Bello, who dares to presume himself a friend of the author (I do hope the feeling is mutual, Milord!).

For those of you who may not know, His Lordship, Honourable Justice Alaba Omolaye-Ajileye retired from our Judiciary in Kogi State this week. In fact, we held his valedictory court session in Lokoja just 2 days ago. I testify that His Lordship is one of those jurists of whom you have no qualms whatsoever in classifying as professional, erudite, wise, upright (even incorruptible) and a fierce Defender of the Independence of the Judiciary as an arm of Government.

My Lord’s commitment to the loftier ethos of his profession was very evident at his aforesaid valedictory court session where he walked the audience through a well-considered speech which, in my opinion, could even pass for a judgment – or at the very least a timeless obiter dictum! In it, he x-rayed the process of appointing judicial officers in Nigeria and identified four main systemic evils embedded in it, to wit:

One, that the entire process is shrouded in sinful secrecy and avoidable clandestineness. Two, that the objective recommendations of candidate jurists by peers knowledgeable about their professional expertise and even authorities which scrutinize them for offices which they have earned do not count.

My Lord further said the third evil is that the process has become so marred by cronyism that who a candidate knows or does not know matters more to his chances. Fourthly and finally, that nepotism, especially where a person comes from and how he worships tends to count more than what a candidate truly merits or deserves.

I have gone into His Lordship’s speech in detail because I want to concur that it is nothing but the truth, while raising a lament that these systemic evils have permeated, not just the judicial fabric but the entire textile of our national existence.

One of the most grievous ills under the sun in Nigeria today is that good men and women who have served their nation faithfully and for long are routinely subverted to make way for less qualified and less committed opportunists who are better connected or have the accidental benefits of what they call the right tribe or religion.

I am however of the opinion that Change Begins With Me. My Lord and the entire Judiciary in Kogi State will bear me witness that I do not rank among the leaders who have traded in nepotism, cronyism, religionism, tribalism or any of what the late sage cum musician, Bob Marley, called ‘ism-schisms’, that is, the ‘isms’ that cause ‘schisms’ in any society.

I have had the privilege of working with 5 Chief Judges since I took over as the 4th Executive Governor of Kogi State with the current Chief Judge of the State, my Lord, the Honourable Justice Josiah Majebi as the 5th. In each and every instance we made sure that the process of succession was seamless and that the former Chief Judge is succeeded by the next most senior judge of the High Court of Kogi State as required by law.

This underscores my belief that a man should be judged by the content of his character and his personal accomplishments rather than by such parochial and shameful sentiments as where he comes from, what language he speaks or how he chooses to worship his Creator.

We have not interfered to undermine or exclude any candidate for any reason at all as long as it has been his meritorious and professional due. ‘Emilokan’ is a more respected principle with us when determining the equity, fairness and justice of the situation, as long as the factual and prevailing circumstances also support it. It is therefore not a surprise that we have enjoyed excellence and support from our Judiciary in both the administration of justice and overall good governance in our State.

This is why I firmly I believe that if I were to stand trial before milord, but more importantly, before my God, for the ills which I have outlined herein from the Author’s valedictory speech two days ago, I shall be discharged and acquitted – not because I have been perfect but because I have made all the efforts known to me to lead Kogi State away from the horrible miasma of tribal, religious, gender, and class divides which I inherited on 27th January, 2016 when I was first sworn in as the Governor of Kogi State.

It is my duty today to inform this audience and by extension Nigerians at large, and in particular the younger demographics which are coming up and wondering how they will thrive in the cesspits of corruption which the older generations of Nigerian leaders and citizens have nurtured, that things cannot continue this way. We have our eyes on the emergence of a Nigeria built on Security, Unity, Prosperity, Egalitarianism and Reconciliation (SUPER). I call it the ‘SUPER NIGERIA’ and it is what we are working for with all our strength, even now.

Of course, I am committed to be the Change that I want to see and I am certain that Justice Omolaye-Ajileye will bear me witness that in my little corner in Kogi State, I have done things differently.

I want to add that the New Direction Agenda which I have championed in Kogi State is beautifully on display here today. Our Chief Judge, His Lordship Justice Josiah Majebi is an Ebira man from Okene LGA and he has led a pantheon of lawlords to this memorable event. This book launch is organized by a Committee chaired by my brother, Barrister J.S Okutepa who is an Igala man from Idah, the traditional headquarters of the Igala Nation in Kogi State.

All of us are here to honor and support Honourable Justice Alaba Omolaye-Ajileye, an Okun man from Ekirin-Ade in Ijumu LGA of Kogi West Senatorial Zone. This is the Kogi state my team and I have worked so hard to build in the last 7 years and we are still hard at work. It is a yet emergent Kogi State, but I am intensely proud of it already.

I conclude by commending to our Judiciary all over Nigeria, the words of Justice Ajileye that it can be a healthy judicial system again, and a positive changemaker like in the days of yore, with a reputation for integrity and competence. According to him:

‘They can do this if they exhibit, at all times, requisite judicial character. The qualities of courage, firmness, integrity, uprightness, patience, open-mindedness, understanding of the law, compassion, humility, and courtesy should be inseparable from the (judicial persona or) personality.’ NB: The words in brackets are mine.

Ladies and Gentlemen, we are here for Justice Alaba Omolaye-Ajileye’s book launch. His Lordship’s book, In The Interest of Justice – Excellence In Writing Judgments is no doubt a quantum leap forward in legal scholarship and juridical practice in Nigeria. Be rest assured that as a State we shall definitely support him handsomely to put it into the hands of lawyers and judges across the country and beyond. I also urge all of us here to do so too.

We thank my lord again for his transformational service to our people and State on the benches of the Kogi State Judiciary.

Thank you!

YAHAYA BELLO
Governor of Kogi State

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The DPP Forum held last week at the exquisite Timeoak Hotel & Spa in Lekki, Lagos. Organised by the Legal Defence and Assistance Project (LEDAP) with MR. CHINO OBIAGWU SAN as the Convener, the programme was attended by DPPs and heads of legal departments at the ICPC, NDLEA, Police and Special Fraud Unit (SFU). The intensive two-day programme was moderated by CITY LAWYER’s EMEKA NWADIOKE, formerly a member of the Nigerian Bar Association (NBA) Criminal Justice Reform Committee, erstwhile Chairman of NBA Lagos Branch Police Duty Solicitors Scheme (PDSS), and currently a member of the Governing Council (Committee) of NBA Section on Public Interest and Development Law (SPIDEL). The programme was hosted by LEDAP in collaboration with the Federal Justice Sector Reform Coordinating Committee and with the support of MacArthur Foundation. CITY LAWYER reports.

The 9th edition of the Directors of Public Prosecutions (DPP) Forum held under the uncertainties of a planned protest in Lagos on Day 1 of the programme over the cash crunch occasioned by the Naira Redesign scheme. The massive turn-out of DPPs from across the length and breadth of the country was therefore a pleasant surprise.

The intensive programme dwelt on criminal justice reform, with special emphasis on ways of more effectively implementing the innovations in the Administration of Criminal Justice Act (ACJA) and Laws.

DPPs came from such far-flung states as Zamfara, Borno, Kano, Sokoto, Osun, Anambra, Enugu, Cross River, Akwa-Ibom, and Ogun, to name a few. Heads of legal departments in the Independent Corrupt Practices Commission (ICPC), National Drug Law Enforcement Agency (NDLEA), and Nigerian Police Force formations across the country also attended the explosive sessions.

Kick-starting the sessions, Obiagwu, adjudged by many jurists as the “Godfather of ACJA” because of his seminal work on the subject, took the participants on a tour de force in relation to the key provisions of ACJA. He spoke on “Innovations in Administration of criminal justice Act/Law – focus on 21 Minimum standards.” His address opened a floodgate of interventions by the elite audience during the Question & Answer session.

Having distilled the key sub-themes for the two-day round-table through his kaleidoscopic review of ACJA and its equivalents in the States, the stage was set for an x-ray of the plea bargain regime in Nigeria by the cerebral Dr. Babajide Martins, the DPP in the Lagos State Ministry of Justice. Given that Lagos State has often led the way in justice sector reforms, the participants could not have asked for a better speaker. He spoke on “Plea bargain as a prosecutor’s case management tool: Sharing Lagos State experiences under ACJL Lagos State.” He later shared copious literature on the subject to guide participants in kickstarting the plea bargain regimes in their various states.

The next session on “Police-prosecutor relations: Pre-conviction forfeiture of properties and recent developments” was facilitated by the highly experienced Mr. Chukwu Agwu, a ranking officer in the Legal Department of SFU. He was formerly Head of Legal Department at the Lagos State Police Command and also held the same position at Zone 2 of the Nigerian Police Command.

Day Two of the programme took off with a recap of the previous day’s sessions by Rosemary Agbede, a Project Officer with LEDAP. The first session then dwelt on “Understanding the provisions of gender equity and social inclusion under the Administration of Criminal Justice Act 2015/Laws: The task of investigators and prosecutors to promote fair administration of criminal justice in Nigeria.” The session was facilitated by Ozioma Izuora, a fiery gender rights advocate and Senior Lecturer in the Faculty of Law, Baze University, Abuja. The session threw up issues pertaining especially to the protection of women and children under the criminal justice system.

This opened the floor for Mrs. Bunmi Adesomoju, the Director of the Lagos State Office of the Public Defender (OPD) to speak to the issue of “Fair hearing in criminal justice administration in Nigeria: Understanding provisions for legal defence and the protection of suspects and defendants under the Administration of Criminal Justice Act/Laws.” Her incisive treatment of the topic opened yet another floodgate of interventions on the thorny issue of free legal assistance for suspects and defendants in the criminal justice system.

The participants had the uncommon opportunity to take a second bite at the plea bargain discourse, as experienced criminal trial prosecutor, Mr. Tunde Sunmonu again dissected the plea bargain framework from a trial lawyer’s perspective. A Director in the Lagos State Ministry of Justice, Sunmonu again x-rayed the topic, “Plea bargain as prosecutor’s case management tool: Sharing Lagos State experiences under ACJL Lagos State.” The participants were especially excited that the hard-nosed prosecutor provided them with a draft Plea Bargain Agreement to adapt in deploying the framework in their states.

Sunmonu’s presentation set the stage for the eagerly awaited address by Lagos State High Court judge and former Lagos State DPP, Justice Olabisi Ogungbesan. The respected jurist spoke on “Timelines under the Administration of Criminal Justice Act 2015: Has the provision for time limits under the Act/Laws reduced delay in the administration of criminal justice in Nigeria?” The explosive session saw the participants engaging the jurist on sundry issues relating to ACJA and its equivalents in their states vis-à-vis techniques and tools for obviating delays in criminal trials.

The paper on “Electronic criminal evidence under the Administration of Criminal Justice Act 2015: Dissecting the rudiments of recent developments in electronic evidence in criminal justice administration in Nigeria” by the recently retired judge of the Kogi State High Court, Justice Alaba Omolaye-Ajileye was deemed as presented due to connectivity challenges.

Delivering the vote of thanks, Obiagwu encouraged other states to emulate Lagos State by establishing facilities that promote criminal justice administration, saying: “If you pass the law without putting in place the facilities, it is as good as not passing the law.” Such facilities include the Witness Support Unit in the DPP’s Office, Gender Unit, and Family Support Unit both in the police, among others.

The leading human rights advocate urged DPPs to train and mentor prosecutors to enable them develop professionally. He urged the participants to engage in peer learning and exchange programmes especially with model criminal reform states to improve criminal justice administration, urging them to improve their Information Technology skills as criminality gets increasingly technology-driven.

He stressed the need to harmonize and oversight the prosecuting agencies, and called for designation of some magistrate’s courts as Family Court to divert children from the criminal justice system as well as extensive use of plea bargain by the states.

He decried the vandalization of Statement Taking Rooms set up by LEDAP for some police formations, adding that while the MacArthur Foundation has provided some resources to support states in their reform programmes, such states must provide matching grants to show commitment to the reforms.

While the participants were treated to Reception Cocktails as well as a picnic to round off the programme, the no-holds-barred sessions and attendant interventions by the leading lights in Nigeria’s criminal justice administration system threw up sundry innovative models which are bound to ensure a more effective criminal justice system, even as stakeholders eagerly await the communique from the forum.

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The Ben Nwabueze Center for Constitutional Studies and the Rule of Law has called on the Supreme Court not to be unduly worried by criticism of its judgments, saying it should be self-evident if such judgments pass muster.

The centre also described as “misguided” the warning by Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN to lawyers to cease criticizing the judgments or face disciplinary proceedings.

In a statement by its Coordinator and former NBA Lagos Branch Chairman, Mr. Chijioke Okoli SAN, the centre noted that judgments in some high-profile political cases “have generated understandable controversy.”

According to the statement made available to CITY LAWYER, such controversy is “Understandable because some seemingly settled principles of law have been made by the decisions to appear not so settled and also challenged many people’s sense of justice.”

Below is the full text of the statement.

COURT JUDGMENTS ARE OPEN TO CRITICISM: STATEMENT BY BEN NWABUEZE CENTER FOR CONSTITUTIONAL STUDIES AND THE RULE OF LAW

It is obvious that some of the recent judgments of the Nigerian courts, especially the Supreme Court, in high profile political cases have generated understandable controversy. Understandable, because some seemingly settled principles of law have been made by the decisions to appear not so settled and also challenged many people’s sense of justice. It is equally not in doubt that some of the criticisms are beyond the pale, degenerating in some cases to personal vituperative attacks on individual judges. Some of the disagreements, especially by some lay persons, undoubtedly appear to have been disagreeably expressed.

Against this backdrop, the President of the Nigerian Bar Association [NBA] reportedly issued the misguided warning to lawyers criticizing the judgments that they would be subjected to disciplinary proceedings. There then followed the unprecedented move by the Supreme Court of recourse to a press statement joining issues with critics of its judgments. The Ben Nwabueze Center has thus felt the need for its present public intervention on this matter of critical importance to administration of justice, constitutional propriety and overall good sense in the public space. Perhaps all concerned may be better guided in future and avoid recurrence of the unedifying distracting public spectacles.

It is straightaway necessary, it does appear, that the Nigerian public and the legal community in particular need the reminder that criticism of judges has a long recorded history, at least since the biblical times. St. Paul in Acts of the Apostles (chapter 23, vs.3) trenchantly criticized the judges who subjected him to punishment for acting contrary to the law in his view, and unflatteringly lampooned them as “whited sepulchers”. Even judges are known to criticize themselves in their judgments, sometimes quite trenchantly. Lord Denning in frustration at his conservative predecessors and their ilk sitting with him on the case, and who were unwilling to toe his unabashedly liberal line, famously dismissed them as “timorous souls” in Candler v. Crane, Christmas [1951] 1 All ER 426. This was a fanciful way of calling them cowards. There were no hard feelings beyond the riposte from his brother justice on the panel, Asquith L.J., that he would bear the condemnation with all the fortitude he could command. Lord Denning was himself at the receiving end of Lord Simmonds ringing denunciation in Magor and St. Mellons RDC v. Newport Corp. [1952] A.C. 189 for engaging in “naked usurpation of legislation function under the thin guise of interpretation.”

The issue, however, is fundamental and goes beyond the rarefied intellectual climes of appellate court judgments and law journals, contrary to the suggestions of some people. Apart from the critical need for public accountability of all facets and institutions of the state apparatus, including the judiciary, criminalization of criticism of judges is not consistent with the fundamental right to freedom of expression enshrined in the Nigerian Constitution. The contrary suggestion is erroneous on many fronts. This position, from general principles, is so axiomatic as to not require validation by judicial authorities. Nonetheless, it may be useful out of abundance of caution to advert to juridical lodestars from other common law jurisdictions, especially United Kingdom and United States.

Lord Denning who was criticized as an “ass” after one of his judgments without countering with any threat illuminated the matter thus in R. v. Commissioner of Police [1968] 2 QB 150:
“Let me say at once that we will never use this jurisdiction to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself. It is the right of everyman, in parliament or out of it, in the press or over the broadcast, to make fair comment, even outspoken comment, on matters of public interest. All that we ask is that those who criticize us should remember that, from the nature of our duties, we cannot reply to their criticism. We cannot enter into the public controversy. We must rely on our conduct itself to be its own vindication.”

Justice Frankfurter of the U.S. Supreme Court in Bridges v. California, 314 U.S. 252 [1941] had also insightfully observed that “Judges as persons, or courts as institutions, are entitled to no greater immunity from criticism than other persons or institutions. Just because the holders of judicial office are identified with interests of justice they may forget their common human frailties and fallibilities. There have sometimes been martinets upon the bench as there have also been pompous wielders of authority who have used the paraphernalia of power in support of what they called their dignity. Therefore judges must be kept mindful of their limitations and of their ultimate public responsibility by a vigorous stream of criticism expressed with candor however blunt.”

A military historian of the American Civil War made the point, in eulogizing the Confederate Supreme Commander General Robert E. Lee, that the greatest spiritual asset of an army is the belief of the ordinary soldier in the invincibility of the commanding general. For the Court which has neither arms nor soldiers at its behest, there is even a more absolutist need for spiritual strength; a moral authority, founded upon well nigh unshakeable conviction of not only lawyers but the general public that its essence is pursuit of justice. The same way war is too important to be left to generals alone, law and its effects are too important to be left for judges and lawyers only to contemplate and comment upon.

Indeed, administration of justice is a social good and of which the general public are the consumers. How could the consumers conceivably be denied an opinion on the product, especially one which they are forced to purchase in the circumstances? Lest we forget that the people of Imo State, and neighbouring Anambra State, are having to endure the consequences of an apparently deeply loathed politician occupying the position of Governor courtesy of a Supreme Court judgment. Can they justifiably be denied the right to criticism of the otherwise insufferable position they have been boxed into, and as has found expression in their denial of the occupier’s legitimacy with the cynical term “Supreme Court Governor”?

Truth be told, these consumers and their advisers have had cause for serious worry with the trend in the recent past. For many areas of law and procedure the Nigerian legal practitioner is routinely confronted with conflicting decisions of the superior courts, including the apex court. This makes the lawyers’ job almost impossible bearing in mind that in many significant ways the law, according to the legal philosopher Wendell Holmes, is nothing more pretentions than “the prophecies of what the courts will do in fact”. It is clear that there would be nothing short of crisis of the rule law if the Court becomes afflicted with recurring schizophrenia.

This state of affairs should worry more all concerned stakeholders especially the NBA whose motto is promotion of the rule of law. Aside the befuddling conflicting decisions of the apex court, there is its undue attachment to technicalities which is clearly at variance with the magisterial intellectual gravitas of such courts in other jurisdictions. It would for example be difficult for an intelligent lay person to understand the sense in the Supreme Court making a fetish of whether a court process was signed in the name of a person or a law firm, and nullifying otherwise meritorious cases notwithstanding that issues of life and death may be involved.

Adverting to the APC v. Machina case, one of the surprises is that some informed persons are apparently surprised that the populace was bestirred into raising pointed questions. It was most curious for the Court to focus on the sterile technical issue of the form of action and avoided the substance which involved issues fundamental to not only to the understanding of the extant Electoral Act 2022 but also the architecture and nature of Nigerian democracy. The Court, it must be borne in mind, has whilst standing on technicality seemingly circumscribed the choice of voters in the Yobe North senatorial district regarding their representative. And this was notwithstanding that the Court had many times in the past cited with approval the almost century old Lord Atkin’s celebrated criticism of placing undue importance on forms of action in United Australia v. Barclays Bank [1941] A.C. 1, 29:
“When these ghosts of the past stand in the path of justice clanking their mediaeval chains the proper course of the Judge is to pass through them undeterred.”

It is noteworthy that this latter day elevation of obeisance to technicality into an article of faith by the Nigerian Supreme Court has sadly occasioned the loss of attention which its pronouncements used to enjoy in the international academic legal community, particularly the Commonwealth. It would have been more tolerable if the problem of the unflattering overall image of administration of justice in Nigeria stopped with the overseas academic community, but it does not. Foreign nationals and entities with disputes otherwise determinable before Nigerian courts avoid them like the plague, and recourse to anti-suit injunctions in foreign jurisdictions (to forestall their adversaries commencing proceedings in Nigeria) has become a standard operating procedure for lawyers to such entities. The humiliating picture painted of Nigerian courts abroad is that of Charles Dickens’ fictional ‘Court of Chancery’. Beyond national pride, the negative effect on foreign direct investment and the Nigerian economy in general is catastrophic.

In the final analysis, the court speaks for and defends itself through its judgments, the strength or lack thereof of which – intellectual and moral – is almost invariably self-evident. As Lord Denning said, let the judge’s work speak for him. And the judge, imbued, as he should be, with great learning, character and wisdom whilst noting criticisms should be so self-assured as to waive aside misguided and ill-informed criticisms, appropriating for himself the position of Shakespeare’s Brutus:
“There is no terror, Cassius, in your threats,
For I am armed so strong in honesty
That they pass by me as the idle wind,
Which I respect not.”-Julius Caeser, Act 4, sc. 3.

In an article, ‘Criticism is not contempt’, by Karan Thapar published in Hindustan Times of March 11, 2008 reference is made to the following pertinent views of an Indian judge, Justice Katju, in a lecture:
“If a person calls me a fool, whether inside a court or outside it, I for one would not take action as it does not prevent me from functioning, and I would simply ignore the comment, or else say that everyone is entitled to his opinion. Afterall words break no bones…. Either the criticism was correct, in which case I deserved it, or it was false in which case I would ignore it…. Sometimes an honest and learned judge is unjustifiably criticized. But for one such person criticizing an upright judge, one hundred people will immediately rush to his defence…. why then should judges get upset or be afraid of criticism, particularly when we live in a democracy?”

As for those inclined to criticize the judges, whilst it is their right to do so, such should be done as fairly and constructively as possible. Moreover, malicious criticisms of judges are not immune from the strictures of the law of defamation. Again, even if Justice Katju would do nothing to anyone calling him a fool, nobody – lawyer or lay person- should say that to or about a judge, or indeed make recourse to other forms of vulgar abuse in criticizing a judge. Vulgar abuse would detract from the inherently serious business of rigorous interrogation of judicial conduct and pronouncements in a democracy. All other considerations apart, simple decency requires that restraint must be applied in attacking a person who, by the nature of his job as Lord Denning reminded us, is not allowed to respond to criticism.

Signed: CHIJIOKE OKOLI, SAN
Coordinator,
Ben Nwabueze Center for Constitutional Studies et al.

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The National Judicial Council (NJC) and other entities saddled with the appointment of judicial officers have come under scrutiny following allegation by a retired judge of the High Court of Kogi State, Justice Alaba Omolaye Ajileye that the appointment process is fraught with undue influence and lacks transparency.

Justice Ajileye, who x-rayed the judiciary last Wednesday in Lokoja during a valedictory court session in his honour, said the process of appointing judicial officers in Nigeria is shrouded in secrecy and clandestineness.

Citing what he called ‘evils associated with appointments’, Ajileye said: “Another evil is that recommendations of Honourable Judges and Honourable Justices don’t count. The act of calling for recommendations looks to me like a ritual, exercised merely to fulfil all righteousness. Those who would be appointed would still be appointed with or without recommendations.

“The number of recommendations a candidate receives guarantees nothing for him. The third evil I have seen is that the person a candidate knows matters a lot. And that person must carry a lot of ‘weight.’

”The fourth evil is that the place where you come from also counts. In Nigerian parlance, it is called the federal character or quota system. There is nothing evil on the face of the principle of federal character. What is evil in it is the way the principle is applied by the functionaries of government. This underscores the point that it is the human being that makes or mars an institution.”

He recalled that the Nigerian judiciary at the apogee of its glory withstood military tyranny, stressing that today’s Judiciary has succumbed to the corrupting influences of moneybag politicians.

Ajileye said: ”It was a healthy judicial system in the days of yore, with a reputation for integrity and competence. This was mainly attributable to a fair system of appointment of judges in the superior judiciary wherein appointments were generally made on merit alone. The puzzling question here is, at what point did we get it wrong?”

While admonishing judges to free themselves from every form of influence except law, Ajileye said judges must liberate themselves from self-imposed shackles and fetters that inhibit independence.

“They can do this if they exhibit, at all times, requisite judicial character. The qualities of courage, firmness, integrity, uprightness, patience, open-mindedness, understanding of the law, compassion, humility, and courtesy should be inseparable from the personality” he added.

He appealed to lawyers to protect and strengthen the independence of the judiciary by being vigilant and prepared to resist any external pressure, forces and interference in the judiciary.

The respected jurist is reputed as one of the most cerebral judges on the High Court bench. Controversy has trailed his lack of elevation to the Court of Appeal, moreso as he is renowned as perhaps the foremost authority in the judiciary on electronic evidence in Nigeria.

Click here for a full text of the valedictory address.

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The Director General of the Nigerian Law School, Professor Isa Hayatu Chiroma SAN, has been turbaned as the ‘Chiroman Mubi’ in Adamawa State.

The event was attended by many dignitaries from all walks of life who came to honour the cerebral jurist, including the Attorney General and Minister of Justice, Mr. Abubakar Malami SAN and the Chairman of Council of Legal Education (CLE), Chief Emeka Ngige SAN.

The respected jurist was born on 13th April, 1963 in Mubi, Mubi North Local Government of Adamawa State. He attended Mubi I Primary School from 1970-1976, Government Secondary School/Government Technical School, Mubi from 1976-1981. He holds LL.B. (Hons.) Degree, Second Class (Upper) from University of Maiduguri (1986), LL.M. (1991) and Ph.D. in Law (2005) from University of Jos.

Chiroma was admitted to the Nigerian Bar in March 1988 and joined the Faculty of Law, University of Maiduguri same year as Assistant Lecturer. He rose through the ranks to the rank of a Professor of Law in 2005. He was at various times Head of the Department of Shari’ah, Public Law, Deputy Dean, Dean of Law and Director, Consultancy Services Centre, University of Maiduguri. He was the Founder and Coordinator, Clinical Legal Education Programme as well as member of the University Senate and various standing and ad hoc committees at various times.

While in the university, he taught Constitutional Law, Administrative Law, Islamic Jurisprudence, and Islamic Family Law at the undergraduate level. He also taught Human Rights, Environmental Law and Policy and Humanitarian Law at the postgraduate level. He has supervised a substantial number of Masters and PhD candidates. His research interest includes Human Rights, Humanitarian Law, Environmental Law and Policy, Access to Justice, Ethics in the teaching and practice of Law and Law and Development.

Chiroma is a member of many professional bodies including the Nigerian Bar Association (NBA), International Bar Association (IBA), African Law Association of Germany, Society for Corporate Governance, Global Alliance for Justice Education (GAJE), and Nigerian Institute of Mediators and Conciliators. He is a Fellow of the Institute Management Consultants and the Chartered Institute of Arbitrators. He is also a Notary Public.
Chiroma has attended several trainings and conferences including Intensive Training Course on Environmental Law and Policy organized by Centre for Environmental Management and Planning held at Aberdeen, Scotland (1997); The United Nations Environment Programme (UNEP) Training Programme in Environmental Law and Policy held at the United Nations Environment Programme Headquarters, Nairobi, Kenya (1997); the University of IOWA WiderNet Project (Technician Training Workshop) for National Universities Commission, organized by the University of IOWA WiderNet Project, Abuja (2001); First African Clinical Law Teachers Training Workshop organized by University of Kwazulu-Natal, Open Society Justice Initiative (OSJI) and Open Society Institute (2004); Workshop on Management and Leadership Development for Good Governance of Nigerian Universities (2006); Third African Clinical Legal Education Teacher Training Workshop organized by University of Kwazulu-Natal and Open Society Justice Initiative (OSJI), held at Durban South Africa from 20th -24th November 2006.

Others are the 1st All African Clinician Round Table held in Cape Town, South Africa (2007); Conference on Human Rights organized by the Danish Institute of Human Rights in Rwanda; Commonwealth Legal Education Conference in Nairobi, Kenya, (2007); World Intellectual Property Organization (WIPO) Regional Workshop on Intellectual Property and Technology Management for Universities, organized by World Intellectual Property Organization (WIPO) in collaboration with National Office of Technology Acquisition and Promotion (NOTAP) and Federal Ministry of Science and Technology of Nigeria, held at (2008); All African Course on International Humanitarian Law (IHL), organized by International Committee of the Red Cross (ICRC), Pretoria, and Centre for Human Rights, University of Pretoria (2009); Certificate Course in Basic MS Office 2010 Application and Internet Productivity Tool organized by the African Centre for ICT Innovation and Training, American University of Nigeria (AUN), 2013 and Certificate Course in Research Paper Writing, organized by the African Centre for ICT Innovation and Training, American University of Nigeria (AUN), 2014.

He also attended a Certificate Course in IPad Basics organized by the African Centre for ICT Innovation and Training, American University of Nigeria (AUN), December 2014; Legal Writing Course (Learned Writing) organized by the Write House (Legal Writing Consultants & Trainers), 2015; Executive Certificate in Information Management (Information Project Management, Computer Application for Managers and Executives, System Dynamics, Internet and E-Commerce organized by the African Centre for ICT Innovation and Training, American University of Nigeria (AUN), 2015; Global Alliance for Justice Education (GAJE) Conferences and Trainings in India, Philippines and Turkey.

Chiroma is a member of Editorial Boards of many peer review academic journals and has served on accreditation teams of both National Universities Commission (NUC) and Council of Legal Education (CLE) to many universities. He has also served as External Examiner and Professorial Assessor to many Universities within and outside Nigeria. He has published widely; he is a co-author of Handbook on Prison Pre-Trial Detainee Law Clinic; a contributor of “Islam, Islamic Law and Human Rights in the Nigerian Context” in Islam and Human Rights, published by Peter Lang, Frankfurt, Germany, and “Making Justice Available to the Poor through Development Cooperation: A Case Study of University of Maiduguri Law Clinic,” published in Administration of Justice in Africa: Effectiveness, Acceptance and Assistance by Rudger Koppe Verlag Koln, Deutschland; Human Rights under the Military Rule in Nigeria, published in the Review of the African Commission on Human and Peoples’ Rights by the African Society of International and Comparative Law among others.

In addition to his teaching and scholarly activities, he served as a Legal Consultant to the Federal Ministry of Environment on Integrated Ecosystems Management Project in the Trans-boundary Area between Nigeria and Niger Republic (Legislation); United Nations Development Programme (UNDP) on Environmental Law and Policy; Legal Research and Resource Development Centre (LRRDC) on Reproductive Health and Rights; National Agency for Food and Drug Administration and Control (NAFDAC) on Review of NAFDAC Laws on Counterfeit and Fake Drugs and Unwholesome Products Foods (Miscellaneous Provisions) 2010, and Consultant to the Nigerian Law School on Legal Education Capacity Building Projects (IT Infrastructure Standards Assessment of the Campuses). He was a member of Presidential Advisory Committee on Prerogative of Mercy from 2005-2009; Member, Council of Legal Education; Member, Nigerian Institute of Advanced Legal Studies (NIALS), and Member, Legal Practitioners Privileges Committee for the Selection of Senior Advocate of Nigeria (SAN) from academics. He was a member of Committee for the review of Legal Education in Nigeria, Commonwealth Legal Education Representative in Nigeria, and member of Vision 20: 2020. He is currently a Member of the Governing Council, Federal Polytechnic, Mubi.

Chiroma was the founding Deputy Director-General and Head of Yola Campus of the Nigerian Law School from 2011-2016. He is happily married with children.

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The Legal Defence & Assistance Project (LEDAP) will on Thursday and Friday host the ninth edition of the elite Directors of Public Prosecutions (DPP) Forum.

The intensive programme will dwell on criminal justice reform with special emphasis on “ways of more effectively implementing the innovations in the Administration of Criminal Justice Act (ACJA) and Laws,” a statement made available to CITY LAWYER noted.

The forum will also dwell on criminal case management, plea bargain, 21 minimum standards of ACJA, gender and social inclusion in criminal justice administration, and police-prosecution relations among other pressing justice sector issues.

LEDAP is hosting the eagerly awaited signature event which has become a permanent feature on the criminal justice administration calendar in collaboration with the Federal Justice Sector Reform Coordinating Committee and with support of the MacArthur Foundation. The inaugural forum held in 2021.

Below is the full text of the statement.

HOPE OF IMPROVING CRIMINAL JUSTICE ADMINISTRATION IN NIGERIA RISES AS DPP FORUM HOLDS IN LAGOS 16-17 FEB

The Directors of Public Prosecutions in all the 36 states and federation, as well as heads of prosecutions at specialised agencies and legal departments of police will converge in Lekki Lagos on 16 and 17 February, 2023 to discuss ways of more effectively implementing the innovations in the Administration of Criminal Justice Act (ACJA) and Laws.

The meeting will open with a special delivery on emerging issues on electronic Criminal evidence, to be delivered by the cerebral jurist, Hon. Justice Alaba Ajileye of Kogi State Judiciary. Other papers will cover Criminal case management, plea bargain, 21 minimum standards of ACJA, gender and social inclusion issues in criminal justice administration, police-prosecutions relations, etc. Experience sharing sessions on the implementation of ACJA and laws across the states will also be part of the forum.

Hosted by Legal Defence & Assistance Project LEDAP and Federal Justice Sector Reform Coordinating Committee with support of the MacArthur Foundation, the forum is the 9th in the series of DPP Forums that first held in 2001.

“We are glad the DPPs who manage prosecution of offences in the States and the heads of police legal units are resuming their experience sharing sessions” says Pamela Okoroigwe, Director at LEDAP. “As 33 of 36 States have passed ACJ laws, and some have made more progress than others in implementing the laws, this meeting is important to share best practices, identify challenges and work together to overcome those challenges”

Other resources persons lined up for the forum are Hon. Justice Olabisi Ogungbesan of Lagos High Court and former DPP of Lagos State, Prof. Yemi Akinseye-George SAN of the Center for Socio-Legal Studies; Chino Obiagwu SAN of LEDAP; Olawale Fapohunda SAN, former two-term Attorney-General of Ekiti State; Dr. Jide Martin, DPP of Lagos State; Mrs. Bunmi Adesomoju, director of the Office of the Public Defender, Lagos State; Ozioma Izuora of Faculty of Law, Baze University; Tunde Sumonu, Ministry of Justice, Lagos State; Mr. Chukwu Agwu, former OC Legal, Force CID Zone 2, Lagos and current Head of Legal Department at Special Fraud Unit of Nigerian Police, and other invited panelists. The forum will hold at Timeoak Hotel & Spa, Lekki, Lagos on 16 and 17 February 2023.

Rosemary Egbede
Project officer
LEDAP
Info@ledapnigeria.org

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A senior lawyer, Mr. Osondu Ajuzie has urged public-spirited individuals and corporate bodies to come to the aid of his family in saving their son who is critically down with kidney disease.

In a Save-Our-Soul appeal made available to CITY LAWYER, Ajuzie, who is also a text writer, stated that his son, Chinonso needs about N15 Million to undergo kidney transplant at St. Nicholas Hospital, Lagos.

The medical procedure is scheduled to take place on Monday, subject to availability of funds. The family has had to contend with huge medical bills for onshore and offshore confirmatory tests as well as dialysis treatment.

His words: “My son Chinonso has been down with Kidney failure condition since February 2022. He has been on twice weekly dialysis since then.

“He has been booked for URGENT surgery for Monday, 20th February, 2022 as his condition has deteriorated to the extent that he cannot make urine. He already has a Donor, his Uncle, but about N15 million for the transplant surgery on both Donor and the Recipient.

“The family does not have the money and appeals for donations and support from kind-hearted individuals and organisations in order to SAVE HIS LIFE.

“Please be counted among philanthropists that God will use to save the life of this promising young man. May the Good Lord bless you as you do so.”

Donations can be made to his father’s account as below:

NAME: OSONDU AJUZIE CHIZOBA
ACCOUNT NO: 2004962146
BANK: FIRST BANK

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The President of the Nigerian Bar Association (NBA), Mr. Yakubu Maikyau SAN has urged that all efforts be made by the relevant authorities to ensure that Justice Alaba Omolaye-Ajileye of the Kogi State Judiciary is elevated to the Court of Appeal before his retirement. Justice Ajileye is billed to retire on Wednesday.

Maikyau stated that the plea is to ensure that the nation’s judiciary is not robbed of the depth of the jurist’s knowledge especially in electronic evidence.

His words: “This is part of the retirement process of My Lord in the Kogi Bench, but I pray that My Lord is elevated to the Court of Appeal between now and the 15th of February so that we would not be robbed of the knowledge we get from his experience in electronic evidence. The help of God is not far from you and all of this is a show of grace of God in your life.”

Maikyau made the plea in a goodwill message he delivered at the Public Lecture organized by the Rule of Law Development Foundation (ROLDF) in honour of Justice Omolaye-Ajileye.

Continuing, he said: “I first met My Lord Ajileye in 2015 at a training. The humility and simplicity of his lordship struck me and since then I became his younger brother. I sat beside My Lord at the training but it took me two days to know that he was a judge of the High Court. I realized that with the depth of knowledge My Lord possessed, he should have been the resource person, in my view.

“I recall the book My Lord wrote on electronic evidence and I made a comment on it as providing the required refreshment to the fundamentals of the law of electronic evidence. I am sure the refreshment was present today when My Lord delivered his talk on electronic evidence.”

He noted how Justice Ajileye applied the law in the judgements he delivered and commended his sense of justice, adding that “We have to share the knowledge in the work that My Lord has brought to improve on the administration of justice.”

Maikyau charged legal practitioners not to denigrate judges in their comments, saying: “A legal practitioner lives for the advancement of his people and course of this nation. Our reputation as lawyers is motivated by the fees we charge and that is why we have failed in providing the leadership this nation requires. My charge to all members of the legal profession is to stand for our course. If we lose the confidence of the public in the administration of justice, we will not have a nation. “

He noted that the judiciary has some erudite jurists, adding that calling the judiciary names will not remedy any challenges. “When we talk about failure, I don’t exclude myself as President of NBA,” he said.

Former Deputy Director-General at the Nigerian Law School, Prof. Ernest Ojukwu SAN appreciated the NBA President for honouring their classmate, adding that Justice Ajileye has contributed to the legal profession especially in his specialty area of electronic evidence.

Ojukwu revealed that he prodded Justice Ajileye to write the second edition of his book within weeks of publishing the first book, saying: “I told him that section 84 of the Evidence Act, 2011 has created more problems than it has solved.”

The law teacher said: “Our regret is that My Lord has not been elevated to the Court of Appeal. But we will still benefit from him despite his retirement.”

The chairman of the event and Chief Judge of FCT High Court, Justice Husseini Baba-Yusuf acknowledged all those who facilitated and participated in the programme. Also present was retired justice of the Supreme Court, Justice John Afolabi Fabiyi.

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Fiery human rights lawyer, Mr. Femi Falana SAN will today lead the training of lawyers under the aegis of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) in the area of prison decongestion.

Other facilitators of the training are NBA-SPIDEL Chairman, Dr. Monday Ubani and the Executive Director of Prisoners’ Rehabilitation and Welfare Action (PRAWA), Dr. Uju Agomoh.

The training programme is a collaboration between NBA-SPIDEL and PRAWA.

Please see full text below.

IMPORTANT NOTICE TO MEMBERS OF SPIDEL ON A FORTHCOMING TRAINING BY PRISONERS’ REHABILITATION AND WELFARE ACTION(PRAWA) ON EFFECTIVE IMPLEMENTATION OF SECTION 12(4) – (12) OF THE NIGERIAN SERVICE CORRECTIONAL SERVICE ACT, 2019

Learned colleagues,

Pre-trial detention and overcrowding of many correctional centers (prisons) has remained a challenge in Nigeria’s criminal justice system. Pre trial detainees in Nigerian Correctional Centres accounts for about 70 per cent of inmates population.

Nigerian Correctional Service currently accepts all persons into their custody with valid warrants irrespective of whether their designated capacity of the correctional center (prisons) has been exceeded. This represents a clear breach of Section 12 (4-12) of the Nigerian Correctional Service Act (2019).

To check overcrowding in the Correctional Centres, S12(4)-(12) of The Nigerian Correctional Service Act 2019, as an innovative provision has sought to correct the issue of overcrowding of correctional centres. This also includes a mechanism of activating an “early warning signal” by issuing notification to critical justice delivery stakeholders alerting them that the population of the correctional centers has exceeded or about to exceed the official designated capacity. The provision provides a window of 3 months for actions to be taken to address the overcrowding.

The section provides that:

Where the Custodial Centre has exceeded its capacity, the State Controller shall within a period not exceeding one week, notify the—
(a) Chief Judge of the State;
(b) the Attorney-General of the State;
(c) Prerogative of Mercy Committee;
(d) State Criminal Justice Committee; and
(e) any other relevant body. With regard to the Federal Capital Territory, the Controller shall notify the Attorney-General of the Federation and Chief Judge of the Federal Capital Territory.

Upon receipt of the notification referred to in subsection (4), the notified body shall, within a period not exceeding three months, take necessary steps to rectify overcrowding.

Without prejudice to subsection (4), the State Controller of Correctional Service in conjunction with the Superintendent shall have the power to reject more intakes of inmates where it is apparent that the Correctional Centre in question is filled to capacity.

A State Controller of Correctional Service shall be sanctioned if he fails to notify the relevant bodies when the Custodial Centre exceeds full capacity within the stipulated time frame as stated in subsection (4).

A Superintendent who fails or refuses to observe the procedure as stated in subsection (4) shall be sanctioned.

Despite the provisions of section 12(4) – (12), most custodial centers are in breach of the law and are currently interning above their carrying capacity.

PRAWA, with the support of the Open Society Initiative for West Africa (OSIWA) is implementing an initiative titled “Petty Offenders Out of Custody Project”. A key aspect of this project aims to increase awareness and enhance the capacity of key stakeholders towards effective implementation of Section 12 (4-12) of the Nigerian Correctional Service Act (2019). One of the strategies PRAWA is adopting to ensure effective implementation of this project is to partner with SPIDEL towards creating awareness of SPIDEL members and other lawyers and justice sector stakeholders on section 12(4) – (12) and to undertake other relevant steps/interventions aimed at ensuring compliance of section 12(4-12) of the Nigerian Correctional Service Act (2019) and reduction of overcrowding of correctional centres and release of inmates (including awaiting trial inmates) from custody.

Proposed Activities:

To actualize the objective above, the following activities are proposed;

Virtual training for NBA/SPIDEL members the Nigerian Correctional Service Act 2019 with special focus on Section 12(4-12).
Project Planning Meetings with the SPIDEL members that will be involved in the implementing of the project accross the country to discuss the project implementation strategies.
Provision of seed fund to activate actions at the various States by SPIDEL representatives towards enhancing compliance of section 12(4-12) of the Nigerian Correctional Service Act 2019. These may include advocacy visits, sensitization meetings, etc.

Expected Outcomes:

At the end of this project, it is expected that:

There will be:

Increased awareness of the provisions of section 12(4)-(12) of the Nigerian Correctional Service Act 2019.
Increased knowledge of the role of stakeholders in the implementation of the provisions of the Act.
Increased compliance of Section 12(4-12) Nigerian Correctional Service Act 2019.
Reduction in overcrowding of custodial centers.

Conclusion

This initiative will increase the awareness of Justice stakeholders on Section 12 (4-12) of the NCoS Act 2019, promote compliance on this as well as reduce overcrowding of correctional centers.

SPIDEL is expected to leverage on its network and professional expertise to engage relevant stakeholders towards effective implementation of the provisions of the Act in the project locations, while PRAWA with the support of OSIWA, will provide the resources to facilitate implementation. Every selected participant will be provided with logistic funds for the exercise.

Every participant will present a report that will show their findings and efforts towards the effective implementation of the Act.

The training will take place on the 13th of February 2023 between the hours of 4 and 6pm.

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Barring any last-minute change of mind, Lagos State Chief Judge, Justice Kazeem Alogba will on March 1, 2023 pronounce Surulere/Yaba and Eti-osa as Judicial Divisions within the Lagos State Judiciary.

Justice Alogba made the commitment today when he led a high-powered delegation of the state judiciary on a working visit to the Christopher Segun Courthouse in Eti-osa.

Addressing members of the Eti-osa Lawyers Forum (ELF) who also accompanied the chief judge on the visit, Alogba noted the hardship caused by the lack of pronouncement on the matter, adding that that would soon be over.

CITY LAWYER recalls that though the Mr. Olumide Akpata-led Nigerian Bar Association National Executive Committee (NBA-NEC) had created “Surulere Branch” among others, the “branch” has remained inchoate due to the absence of a judicial division, a pre-condition for the creation of an NBA branch.

It is recalled that the ELF has also been clamouring for its elevation to a branch status. When contacted, the ELF Chairman, Mr. Adewale Sanni applauded the impending pronouncement, adding that “Our dream of birthing another NBA branch to serve the teeming lawyers in this axis has been given a huge boost by this cheering development.”

Meanwhile, the chief judge has stated that about 44 courtrooms are expected when the Igbosere Court Complex is completed, adding that the contractor has 18 months to deliver the edifice.

There are strong indications that 20 courtrooms will be delivered at the completion of the first phase of the project, even as four High Court courtrooms will be attached to the JIC Taylor Magistrates Court Complex in Igbosere.

Alogba stated that the Lagos State Judiciary will go full throttle with electronic filing by the next quarter of this year, urging lawyers to brace up for the development.

The chief judge also hinted that the Commercial Division of the court would be moved to Tapa, adding that the division will house 10 courtrooms.

Among those who accompanied the Lagos Chief Judge on the tour were Justice Josephine Oyefeso, Justice Oluwatoyin Ipaye, Justice Modupe Nicol-Clay, and Mr. Tajudeen Elias (Chief Registrar).

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INTRODUCTION

I am humbled and momentously surprised to have been bestowed the honour of delivering this speech at this august gathering. It is not an honour I take very lightly.

The topic I have been assigned to discuss is “the Seven Habits of a Successful Lawyer”. A topic which in itself presupposes that the person chosen to deliver it, is a successful lawyer! It is however my humble opinion that there are in this venerable body, in this esteemed company, many eminent lawyers and jurists who are much more qualified than my humble self, Kayode Ajulo, to mount this rostrum to do justice to this topic.

I am more than humbled by this honour and in accepting it, I stand upon the great and noble shoulders of those eminent men and I can only hope that by the time we are done, those solid and powerful shoulders upon which I stand would not have carried me in vain.

Let me quickly recognise those great and successful giants of our trade that the Akure Bar has been blessed with; Ifedayo Adedipe, SAN, Eyitayo Jegede, SAN, Olagoke Fakunle, SAN, Niyi Adegbonmire, SAN, Dr. Olatunji Abayomi, I.O.A Olorunfemi, Banjo Aiyenakin, and many others whose indulgence I crave to proceed.

Again, since the leadership of the Akure Bar has insisted that I present this speech, I crave the indulgence of all who is present to only listen to the message and discountenance any perceived inadequacies of the messenger.

As a lawyer, whenever one is privileged to deliver a speech, it is expected that one would speak from the position of knowledge and authority. And how does a lawyer get this knowledge and authority? It is usually from books. For example, if one is going to talk about Evidence, it is expected that one should read the Evidence Act, legislations, court decisions and books from great jurists who have espoused knowledge in the course over the years.

However, because of the peculiarity of this topic there would be no need to research on any statute or laws as all that needs be said must be from one’s experience gathered over the course of one’s practice as well as the examples laid by legal giants over the years. (Now you would understand my insistence that my noble seniors are much more qualified than myself!)

For the above reason, our authority therefore would be to a larger extent the styles and practice of the illustrious names I have earlier mentioned and many others. To fully and adequately deal with this topic therefore, it would make sense and would probably be downright unforgivable if one fails to mention the heroes past of this noble profession of ours; titans who achieved great success like FRA Williams, SAN, Richard Akinjide, SAN, G.O.K Ajayi, SAN, Ibrahim Abdulahi, SAN, Philip Umeadi, SAN, Okeaya-Inneh, SAN, Ajibola Ige, SAN, Bankole Aluko, SAN, Chike Chigbue, SAN, Gani Fawehinmi, SAN, Miskom Pueppet and a host of others, all of blessed memory.

Likewise, there are heroes present like Folake Sholanke, SAN, Afe Babalola, SAN, Ebun Sofunde, SAN, Gboyega Awomolo, SAN, Ebun Shofunde, SAN, Wole Olanipekun, SAN, Adegboyega Awomolo, SAN, J. B. Daudu, SAN, Lateef Fagbemi, SAN, Kanu Agabi, SAN, Oluwarotimi Akeredolu, J. K. Gadzama, SAN, E. C. Ukala, SAN, Yunus Ustaz Usman, SAN, Adetokunbo Kayode, SAN, Adeniyi Akintola, SAN, D. D. Dodo, SAN, Prof. Yemi Osinbajo, SAN, Wale Babalakin, SAN, Emeka Ngige, SAN, K. T. Turaki, SAN, Chris Uche, SAN, Ajibola Aribisala, SAN, P. N. Ikwueto, SAN, Ifedayo Adedipe, SAN, Dr. Onyechi Ikpeazu, SAN, Mike Ozekhome, SAN, SAM Ologunorisa, SAN, J. S. Okutepa, SAN, Dayo Akinlaja, SAN, Prof Akinseye-George, SAN, Mahmud Magaji, SAN, Femi Falana, SAN, Olumuyiwa Akinboro, SAN, Dame Priscilla Kuye, Dr. Olatunji Abayomi etc. These eminent personalities are those whose lifestyles and work ethics one should study if one is to become an effective lawyer.

Without sounding immodest, I must give myself a pass mark because of all these great names I have reeled out; I have made it a point to have good relationships with many of them either directly or indirectly. Some of them are my direct mentors, while some are indirect mentors because even from a distance at times, I have taken pains to watch and learn from them. I am also fortunate to have started my practice at the Federal Ministry of Justice which indisputably is the largest law office in the whole of Africa whereat I was quite lucky to have interacted with the best lawyers, which has aided my training in the profession.

My brief is to interrogate the station of a lawyer, and with respect, not just any lawyer but a successful lawyer and the habits that characterize the life of such a lawyer, The Cambridge Dictionary defines “habits” as something that one does often and regularly, sometimes, something done so routinely that it even borders on the unconscious.

Let me state at this juncture that the legal profession is one of the most prestigious professions in the world and although in the strict sense of the word, practicing Law encapsulates more than just litigation, as it expands to cover areas such as Corporate & Commercial, Oil & Gas, Investment & Finance, Real Estates and the likes. However for the purpose of this presentation, the focal point must be in tandem with the general circumstance of Akure Bar, the legal practice that involves litigation and Court proceedings.

With your kind permission, I would like to rephrase our topic of discussion and say that we should not be talking about being a successful lawyer, but rather an effective lawyer because an effective lawyer will, in due course, be a successful one.

Success is quite relative. And success is not a destination; it is a journey, a process. What one lawyer considers as success might be radically different from what another considers as success. For example, the idea of success to Eyitayo Jegede, SAN might be when he becomes Governor of Ondo State, while to another lawyer, it might be attaining the rank of a Senior Advocate of Nigeria.

It is therefore best to talk about an effective lawyer, because effectiveness will keep you focused on characters required for utmost and quality productivity. And, to be effective is to be successful in producing a desired or intended result.

Becoming an effective lawyer in the profession may be quite an uphill task. It takes only a person who knows the secrets, qualities and skills required of a lawyer to become effective. The skills a lawyer needs for an ideal career are things he must be deliberate and intentional in working upon and diligently develop over time. As they say, practice makes perfect, and dedication makes dreams come true.

In my limited and humble experience, below are seven highly recommended habits a lawyer must possess if he aspires to be an effective attorney. I have however not listed them in any particular order of importance, as they are all important for an effective legal career.

GOOD COMMUNICATION

Theo Gold, an author said “Communication is your ticket to success if you pay attention and learn to do it effectively.” He further added that, “communication is one of the major keys to success. When one is able to communicate their position, their plan or their ideas effectively, one is able to achieve much more.”

I am sure we have all heard the popular saying that “language is the major tool of a lawyer”. There is no gainsaying that an ability to communicate clearly and unambiguously is a must-have skill for every lawyer. And this vital skill can be developed by engaging in public speaking.

A renowned Human Rights Activist and learned Silk is an example of a great orator with the ability to argue convincingly in the courtroom, even when he has a seemingly bad case. Frankly speaking, the way you communicate as a lawyer will go a long way to tell what you are capable of doing.

Additionally, in this era of front loading processes, lawyers must also be able to write clearly, persuasively and concisely, as they must produce a variety of legal arguments backed by legal documents. To be able to analyse what clients tell them or follow a complex testimony, a lawyer must possess good listening skills.

A lawyer will also have to convey important ideas in a variety of environments and settings, such as: private conversations, informal emails, phone calls, conference meetings, etc. This makes communication skill one of the most important habits a lawyer must cultivate if he really desires to get to the top of the legal profession.

Therefore, whatever means you have chosen to communicate, as a lawyer who wants to be successful, you must do it effectively.

DILIGENCE AND PERSEVERANCE

“Diligence is the mother of good fortune, and idleness, its opposite, never brought a man to the goal of any of his best wishes.” “He who labors diligently need never despair; for all things are accomplished by diligence and labor.”

Therefore, another non-negotiable quality of an effective lawyer is diligence. Diligence is the combination of hard work and consistency. To become an effective lawyer, you must not lack this quality because it takes time for a young lawyer to be noticed. An Indian Judge said that “the success of a lawyer depends upon himself”. And, just as Walter Elliot put it, and as similar to success “Perseverance is not a long race; it is many short races one after the other.”

Even studying to become a lawyer takes a great deal of perseverance and commitment – and that’s before you even start work.

When working on a case, you must be diligent and have the perseverance to complete a quality work, necessary to drive the case to a successful finish. Chief Afe Babalola, SAN, comes to mind when talking about a diligent lawyer who spends enough time on a legal problem until he finds a convincing solution.

This is not a profession for lazy people who wants to win without putting in the required works. Even the Good Book says “Seeth thou a man diligent in his ways, he shall dine with kings and not mean men”! What more can one add?

ANALYTICAL THINKING
Allow me to read this words of an educator, Neil Postman, to you on analytical thinking. He was, though, taking to readers but this cannot be truer for lawyers because it is what an effective lawyer should be.

“To engage the written word means to follow a line of thought, which requires considerable powers of classifying, inference-making and reasoning. It means to uncover lies, confusions, and overgeneralizations, to detect abuses of logic and common sense. It also means to weigh ideas, to compare and contrast assertions, to connect one generalization to another. To accomplish this, one must achieve a certain distance from the words themselves, which is, in fact, encouraged by the isolated and impersonal text. That is why a good reader does not cheer an apt sentence or pause to applaud even an inspired paragraph. Analytic thought is too busy for that, and too detached.”

This is simply to tell you that an effective lawyer cannot be lazy with his mind because the fate of many individuals (life and death, win or loss) depends on his thoughts. To win as a lawyer, your analytical skills must be top notch.

Reading large amounts of information, absorbing facts and figures, analysing material and distilling it into something manageable is a feature of an effective law career. Being able to identify what is relevant out of a mass of information and explain it clearly and concisely is vital.

At times, there will be more than one reasonable conclusion or more than one precedent applicable to resolving a situation. An effective lawyer must therefore have the evaluative skills in order to choose which is the most suitable. This skill can be honed by taking large documents or long news articles and making bullet points of the most important themes.

CLEAR SENSE OF JUDGEMENT
To become a successful lawyer, the habit of drawing reasonable, logical conclusions or assumptions from limited information is essential. You must also be able to consider these judgments critically, so that you can anticipate potential areas of weakness in your argument that must be fortified against.

Similarly, you must be able to spot points of weakness in an opposition’s argument. Decisiveness is also a part of judgment. There will be a lot of important judgment calls to make and little time for sitting on the fence.

This is the point where the emphasis on the analytical skills comes in. It is where your must be able to combine clear, undiluted and and deep instinct with relevant knowledge and experience to form opinions and make convincing decisions. You must be able to deploy this at an unconscious level to produce an insight or recognize a pattern that others overlook.

And let me state that what can guide you here is the value you are set to give and the goal you are set to achieve. Once you keep these two in mind, your sense of reasonable judgement will come to life.

RESEARCH
Two things that I love most about research are captured in the followings quotes.
“Research is formalized curiosity, it is poking and prying with a purpose.” says Zora Neale Hurston.
And according to Albert Szent-Gyorgyi, “Research is to see what everybody else has seen, and to think what nobody else has thought.”

Diligent and efficient researches also play a huge role in a lawyer’s day-to-day job. This gives an inkling to whatever situation a lawyer finds himself and also helps to activate other necessary requirements to deploy when faced with a situation. Research is unavoidably important especially when doing the background work on a case, drafting legal documents and advising clients on complicated issues.

In the same vein, being able to research quickly and effectively is essential to understanding your clients, their needs, and to preparing legal strategies. In fact, what differentiates a good lawyer from a bad lawyer is the level of research they put into their work.

PRO-PEOPLE
I don’t know if this truth is popular or not, but I know it for a fact, through diligent studying, careful observation and detailed experience that you can’t go it alone if you want to establish a fruitful and fulfilling career as a lawyer.

Instead, staying connected to a robust network of your peers and definitely your seniors will help you have an edge in the field. Your network can give you advice, direct you to helpful resources, and even help you land new clients.

Almost anyone you meet can be a possible connection. From your law school classmates to your former clients, every professional you interact with can potentially provide insights, resources, and opportunities that could make a substantial difference in your career.

Law is not an abstract practice. Irrelevant of how well someone does academically, at the end of the day lawyers work with people, on behalf of people, and the decisions that are made affect people’s lives. They must be personable, persuasive and able to read others. In doing this, a lawyer in this present time must be conversant with the use of technology, particularly the social media as an effective tool for great networking.

CREATIVITY
In one of my researches on the importance of being a creative lawyer, I read this statement and I found it appropriate to introduce this last habit I want to share.

“Law isn’t always seen through a creative lens, especially when compared to more artistic sectors. It’s often perceived as rigid, academic, and perhaps a little dry. Law may be built on precedent, but the profession is ripe for change and is ready for an injection of all-important creativity.”

Sincerely, many people may think that the legal profession provides little outlet for an individual’s creative talent but this isn’t the case. No matter what aspect of the legal profession you choose, you will frequently have to think outside the box to get the job done.

The very top lawyers are not only logical and analytical, but they display a great deal of creativity in problem-solving. The best solution is not always the most obvious and in order to outmanoeuvre your challenger. It is often necessary to think outside the box.

In actual fact, creativity is highly sought after by clients, even if it remains somewhat unacknowledged by most within this legal profession.

Who is then being creative if not a lawyer, who can read a sentence and interpret it in many parts to give various logically convincing conclusions?

Effective lawyers understand the importance of flexibility and creativity. Innovation is vital when developing effective solutions, but it also allows you to serve your clients better by discovering cost-effective and efficient processes.

CONCLUSION
The great scientist, Sir Isaac Newton, said that “If I have seen further, it is by standing on the shoulders of giants.” Again, I implore any one that aspires to be an effective lawyer to study the lives of great lawyers not only in Akure Bar, but across the country. Listen to them. Read their books. And when the knowledge gleaned from studying their lives is combined with the seven habits enumerated above, such lawyer is on his way to becoming an effective lawyer.

Above all of these abovementioned habits, there is a G-Factor that I have observed working for every effective lawyer, even for these great ones I mentioned in this lecture.

Irrespective of your religion or belief, there should be an acknowledgement of a supreme being that has your back because there are many who have mastered the above stated habits as part of their daily living for decades but still struggle to call themselves successful.

Though, there is public acknowledgment of this notion in Islam, Christiandom and African Traditional Beliefs, I can bet that it does get to a point that even an atheist, in the corner of his heart, strongly desires to experience the guidance of a dimension that is higher than what he knows when his personal ability fails. That is nothing but a humble acknowledgement of a higher level-The God factor.

This I recommend highly to you as you sing the popular Yoruba gospel song to the Supreme One with me. He is the X-factor of my existence, my G-factor of whom I can say that if you walk with Him in faith, the world will hear the best of you:

“Gbemi Soke, gbemi dide
Fami lọwọ soke, ki n ga jù ayé lọ
Ògo ayé mi, jẹ kó yọ jáde
Fami lọwọ soke,
má ma jẹ kó pẹ”

Thank you for listening.

26th January, 2023.

DR. OLUKAYODE AJULO, FCIArb [UK]
*A Capacity Building Lecture delivered at Monthly General Meeting of Nigeria Bar Association, Akure Branch on Thursday, 26th January, 2023.

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INVITATION TO A PUBLIC LECTURE IN HONOUR OF THE HONOURABLE JUSTICE ALABA OMOLAYE-AJILEYE PhD

On the 15th of February 2023, the Hon. Justice A O Ajileye PhD will bow out of the Bench after years of meritorious service to Nigeria and the Kogi State Judiciary in particular. In partnership with the Committee of Friends of the eminent jurist, the Rule of Law Development Foundation is hosting a Public Lecture titled: A-Z of the Regime of Electronic Evidence in Nigeria: Issues and Challenges; to kick-start a series of events organized by Committee of Friends of the Honouree to mark his retirement from the High Court Bench and his introduction into the next chapter of service to this nation and to the Judiciary.

The jurisprudence of Electronic Evidence cannot be discussed without the inclusion of the contributions of the Hon. Justice Ajileye in the subject area where my lord is reckoned as an authority. Therefore, on behalf of the Board of Trustees of the Foundation, it is my pleasure to invite you to the above Public Lecture scheduled to hold as follows:

Date: Friday 10th February 2023
Venue: Conference Hall J B Daudu and Co, House 3, 16B P.O.W Mafemi Crescent Jabi Abuja
Virtual Venue: ZOOM
Time: 10:00am prompt

I have attached herewith a Concept Note, which explains the essence of the Public Lecture. For further enquiries, contributions or concerns kindly contact Rule of Law Desk Officers on 08027770035 and 08138172221 or email inquiries.roldf@gmail.com or roldfoundation@gmail.com

We look forward to welcoming your distinguished self and members of your delegation to the Lecture.

CLICK THE LINK BELOW TO REGISTER
https://us02web.zoom.us/webinar/register/WN_e0VidXN5RqCH2Ide12rTGg

Yours Faithfully

Joseph Bodunrin Daudu SAN

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The International Law Association (ILA) Arbitration Committee (Nigeria) hosted its Rise To Professional Stardom Series (RPSS) on February 2, 2023, with its keynote speaker and renowned international arbitrator, Dorothy Ufot, SAN.

In his opening remarks, the Committee’s Chairman, Tolu Aderemi, noted with concern the not-too impressive active play of African arbitrators in the global space. According to Aderemi, there is the erroneous perception that some African arbitrators lack integrity and this is what accounts for parties to prefer foreign appointment into arbitration panels. He however made the emphatic point that this perception is wrong and must be corrected.

“Nigeria has some of the finest and best brains in arbitration, most of whom have been involved in landmark arbitration decisions. Do we have one or two cases of those who do not make us proud? Yes, like in other parts of the world. This infinitesimal number should not be a barometer for judging other brilliant ones”, Aderemi stated.

The Arbitration Committee Boss further admonished his colleagues that African arbitrators must not only demonstrate intellectual capacity of international arbitration laws, principles and procedures, they must also be seen to have uncommon integrity and be of unquestionable character. In his closing statements, Aderemi reiterated that the ILA Arbitration committee is committed to cutting-edge training on international arbitration and urged those interested in international arbitration to take advantage of the 2023 ILA, Arb Committee training calendar.

In a fireside chat anchored by renowned ChannelsTV Journalist, Shola Soyele (who is also the ILA, Arbitration Committee Publicity Director), the RPSS Honouree, Dorothy Ufot, SAN, encouraged arbitrators to always seek to achieve excellence and the only way to do it is by demonstrating intellectual capacity and not attracting attention by any means other than the intellect.

According to the renowned international arbitrator and member of the Inner Bar, she noted that arbitrators must ensure that they consciously live a balanced life; work with like-minded hardworking colleagues, ensure the home front is peaceful by marrying an understanding spouse but also not sacrifice the home on the altar of work.

Mrs Ufot also admonished aspiring arbitrators to embrace volunteering as Registrars or assistants as this is the only way they can learn. At the same time, Mrs Ufot encouraged that decent and commensurate remuneration should be given to deserving young arbitrators. On another note, the renowned arbitrator encouraged arbitrators to be courageous when sitting on international panels alongside their foreign counterparts as that is the only way respect will be earned. She also encouraged them to attend international conferences and trainings and keep the network created during these training very close.

In his complimentary view, a past Chairman of the Chartered Institute of Arbitrators, Mr Tunde Busari, SAN encouraged younger lawyers to offer themselves for arbitration services as this gives such young arbitrators visibility in international arbitration. Busari also decried the art of laziness on the part of young arbitrators when given opportunities.

According to the learned senior advocate of Nigeria, it is becoming a culture for young arbitrators to demonstrate a culture of entitlement even when they have not satisfactorily provided the service. In his view, some young arbitrators’ assistance makes the job of the senior arbitrator even more complicated. In his final analysis, Busari encouraged arbitrators to develop a mastery of international laws as this is a potent weapon to becoming relevant in international arbitration.

The Rise To Professional Stardom (RPSS) is one of the flagship programmes of the ILA and according to the Programs’ Director, Deinma Dibi, there will be only 4 (four) of the Series in a year. He therefore encouraged members and intending members to take full advantage of the mentorship session.

In his further remarks, Mr Dibi reiterated the primary purpose of the Association; which is to provide training and capacity development. He encouraged intending members to take advantage of the stellar faculty which comprised of both international and Nigerian leading arbitrators.

The RPSS, which started with a cocktail sponsored by Mr Bisi Makanjuola, a partner with the firm of Olaniwun Ajayi LP, had in attendance both lawyers and non-lawyers including the Managing Director/CEO of Heritage Bank, Mr, George-Taylor, the head of Rules and Adjudication, Nigerian Exchange, Mr Toyin Adenugba, Foluke Akinmoladun, Delayo Oriekun, Dr. Foluke Dada, Colonel Arigbe and several other high profile non-lawyers.

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IMPORTANT NOTICE TO MEMBERS OF SPIDEL ON A FORTHCOMING TRAINING BY PRISONERS’ REHABILITATION AND WELFARE ACTION(PRAWA) ON EFFECTIVE IMPLEMENTATION OF SECTION 12(4) – (12) OF THE NIGERIAN SERVICE CORRECTIONAL SERVICE ACT, 2019

THE GOLDEN ANNIVERSARY OF THE NIGERIAN LAW SCHOOL: ‘THIS BIT I STILL REMEMBER,’ BY HON. JUSTICE IDOWU OWOLABI SONOIKI

• Formerly of Ogun State Judiciary and Member of the first set of the Nigerian Law School)

After Nigeria attained independence on 1st October 1960, the agitation to have Nigerians trained as lawyers in Nigeria became intense. Federal Government (had) to enact the Legal Education Act 1962 and the Legal Practitioners Act of the same year.
For our present purpose only the Legal Education Act is relevant.

That Act established the Council of Legal Education which was charged with the general responsibility for the Legal education of persons seeking to become members of the legal profession. That council, in exercise of the powers conferred on it by Section 4(3) of the Legal Education Act, established the Nigerian Law School (named at first, the Federal Law School) at 213A, Igbosere Road, Lagos, which was an all-purpose building containing Lecture Room Hostel for Students, Administrative Offices and Library.

The school was, according to the Act establishing it, to start a one year training course but due to protests, agitations and pressure from Law Students in Great Britain and Northern Ireland who had already graduated in Law from British Universities and who had also been called to the English Bar, there was a transitional arrangement whereby early students were to spend three months in the school. Thus, the pioneering students of the Law School in January 1963 were Messrs Sylvester Ayere Ajuyah, Isreal Amabara Idamiebi, Sunday Ojenonweya Chinke, Julius Sabinus Anyanwu, Nnamdi Onugha, Nnannna Nwa Wachukwu, Onyeabor Chukwunedum Obi and Idowu Owolabi Sonoiki, this writer. We were eight in number.

We had Mr. Guy Ruston Rudd, an Englishman, as the first Director of the School. He directed the affairs of the School. He was assisted by another Englishman, Mr. P. Willoughby, both were Solicitors. The idea was to teach us the rudiments of the courses in Solicitorship in England. Apart from these two expatriate teachers, we had Hon. Stephen Ajayi-Ogedengbe as a full time teacher and Chief Babatunde A. Ibironke a part-time teacher.

During our three months course, apart from the lectures from our above-mentioned teachers, we had occasional visits with Hon. Sir. Adetokunbo Ademola, the then Chief Justice of Nigeria as well as Chairman of the Council of Legal Education, Professor Teslim Elias, the then Attorney-General who saw to the enactment of the Legal Education Act and the Legal Practitioners Act and the renowned Professor L.C.B. Cower who officiated as Adviser on Legal Education to the Nigerian Government. We had moot trials and we were taken to courts of various jurisdictions Magistrate Court, High Court and the Supreme Court – to watch court proceedings.

We took our qualifying examination by the middle of March, 1963 and all the eight of us were successful. We were called to the Nigerian Bar on 20th March, 1963 and we were enrolled in the Supreme Court of Nigeria as Barristers and Solicitors on 21st March, 1963. A dinner was held in our honour at the Bristol Hotel, Lagos, which was attended by Sir Adetokunbo Ademola, Professor Elias, Professor Gower, Chief Rotimi Williams, the then leader of the Bar and notable distinguished Judges, lawyers and other professionals.

All of us went into practice as legal practitioners. In course of time, four of us were elevated to the High Court Bench viz: S.A. Ajuyah, J. S. Anyanwu, N.N. Nwachukwu and I. O. Sonoiki. One, O. C. Obi, became a Senator; another one became Attorney General in the South-South and the remaining two remained in active practice. To the best of my knowledge, none of us elevated to the High Court bench ever attained any higher position. This was not due to our lack of integrity or adequate knowledge of the law. By all means, we exemplified in our various spheres of jurisdiction. Our limitation to the High Court bench was due to our respective places of birth and the Federal character principle which made it impossible for any of us to rise higher.

The Nigerian Law School has made tremendous impact on legal education and practice in Nigeria. Before its establishment in Nigeria in 1963, the total number of legal practitioners in this country was just 1,300. Today (2013), I understand the school has produced over 60,000 students and that in place of the 4 storey building which we used as lecture rooms and hostel, there are now several buildings in the six campuses of the school now located in Lagos, Abuja, Kano, Enugu, Yola and Yenogoa. I also understand that the average student intake every year now in the six campuses is about 5,000.

No doubt, the students of the School have risen to great heights and have done the founding fathers of the School and those of us the pioneering eight students proud. In such an unwieldy figure of over 60,000 graduates of the School in 50 years we cannot expect all to be shining examples. We have got bad eggs from among some of the graduates on the Bench and at the Bar. Like all educational institutions in the country the profession has had a mixed baggage of good quality and disappointing ones. On the whole, while the journey has not been all that edifying, it has not been hopeless. All told, the journey has been very worthwhile.

Editors Note: This article was first published in 2013 in commemoration of the 50 years of the Nigerian Law School.

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The Organisers of the Abuja Lawyers League have unveiled Chukwuka Ikwuazom, SAN as the headline sponsor of the lawyers’ football competition known as “Abuja Lawyers League 2023.”

This year’s edition is tagged CHUKWUKA IKWUAZOM (SAN) SUPER CUP 2023. The competition is a platform for lawyers to come together – outside of the courtroom and legal dealings – to enjoy the sport and improve their physical and mental well-being while still having fun and entertainment.

Speaking at the event, Mr. Chukwuka Ikwuazom SAN reiterated that lawyers often find themselves immersed in demanding schedules filled with long hours, tight deadlines and high-pressure situations. Engaging in sports can provide an effective means of alleviating stress and promoting overall well-being. Moreover, participating in sports can also help lawyers develop crucial skills that are essential for success in the legal field, and build stronger relationships with colleagues.

Speaking at the unveiling, the Head of the organizing committee, Olujimi Olujide-Poko stated that Ikwuazom’s sponsorship of the annual football fiesta is a generous and much-appreciated gesture, adding that “The Abuja legal community is delighted to be associated with such a fine gentleman who has carved a niche for himself in his legal practice in the area of oil & gas and most especially taxation.

“His consent to support the league also demonstrates his commitment to the legal profession and the community of lawyers in Nigeria. His support has given the league a bigger image because he is a big brand and the league is a growing brand too. This competition provides an opportunity for lawyers to showcase their skills and talents in football.”

Olujimi rounded off by expressing his gratitude to the senior lawyer who has taken the baton from Mr. Mahmud Magaji SAN who sponsored the 6th edition in 2022.

The competition serves as a platform for networking, building relationships, and promoting camaraderie among members of the legal community. It is also a reminder that lawyers are not just legal professionals, but individuals with diverse interests and talents.

Senior members of the Unity Bar expressed their appreciation to Ikwuazom for his invaluable sponsorship of the Abuja Lawyers’ League Football 2023, adding that his dedication to the legal profession serves as an inspiration to all.

The unveiling which took place at the Conference room of MAHMUD MAGAJI SAN & CO (RAHUSA CHAMBERS) had in attendance NBA 2nd Vice President, Mr. Clement Chukwuemeka (“The Great Democrat”); Chairman of NBA Abuja Branch (Unity Bar), Mazi Afama Okeke; Mr. Yakubu Philemon; Mr. Paul Daudu; Mr. Henry Barnabas; Mr. Caleb Oboagwina, and Dr. Victoria Nlemigbo among others.

This year’s competition will witness an upgrade as the prize money for the Male competition increased from ₦250,000, ₦200,000 and ₦150,000 to ₦400,000, ₦300,000 and 200,000 for the 1st, 2nd and 3rd prize respectively.

The female lawyers will, for the first time, have a separate league that will run concurrently with their Male counterparts. While registration fee has been waived for the female competition, winners will take home ₦200,000, ₦150,000 and ₦100,000 as 1st, 2nd and 3rd prizes respectively.

The competition is scheduled to commence on 4th March, 2023 and run till 13th May, 2023. 24 teams in the Male category are participating in this year’s competition while 6 teams are participating in the Female category.

According to the organisers, “It promises to be exciting and funtertaining.”

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Introduction

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The Young Lawyers’ Forum of the Nigerian Bar Association (NBA), Maiduguri Branch last Thursday held its Summit with the theme, “Legal Profession: Reckoning with the Past for a Better Future.”

Aside from the rich repertoire of sub-themes x-rayed by leading jurists, the two-day event climaxed with a dinner in honour of Mr. Kaka Shehu Lawan, Life Bencher and former Borno State Attorney General and Commissioner for Justice.

The Special Guest of Honour and NBA President, Mr. Yakubu Maikyau SAN was represented by former NBA General Secretary, Mazi Afam Osigwe SAN.

The 1st Session discussed the topic, ‘Transformation of Land Administration’ and was chaired by Justice Waziri Alhaji Bukar of the High Court of Justice, Borno State. The lead paper was presented by Mr. Mustapha Ali Ibrahim, Legal Adviser to the Borno Geographic Information Service (BOGIS).

Discussants included Professor Kamal Alhaji Daud, Faculty of Law, UNIMAID (‘Application of Customary and Statutory Land Administration’); Mr. Muhammad Umaru (‘Hitches in Land Administration’); Mr. Jabani Jasini Mamza of NRC (‘International based guidelines in HLP Administration’) and Mr. Babagana Malam Mustapha (‘Don’ts in Land Administration’).

The 2nd Session was sub-themed “E-filing of Cases: Simplification of Judicial Process.” The lead paper was delivered by Mr. Mahmud Adamu of the National Judicial Council (NJC), Abuja.

Among the discussants were Mr. Baba Kura Alhaji of the UNIMAID Faculty of Law (‘Global Trends towards E-filing of Cases’); Mr. Sadiq Muhammad Kachallah also of the UNIMAID Faculty of Law (‘Regulations on E-filing of Cases’), and Mr. Zakariya Muhammad Umar of Jibrin Gunda & Co. (‘Goodwill towards E-filing of Cases’).

The session was aimed to signpost the position of Borno State in spearheading digitalization of administration of justice by Nigeria’s Judiciary.

Day Two of the Summit witnessed an elaborate dinner in honour of Mr. Kaka Shehu Lawan. Aside from standing in for Maikyau to hand over the award to Kaka, Osigwe also delivered a Dinner Speech, to the admiration of the guests at the well-attended dinner.

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Distinguished Colleagues,

You are already aware that the NBA under the Yakubu Chonoko Maikyau,OON,SAN leadership is convening an NBA State of the Nation Dialogue.

Amina Mohammed, Deputy Secretary General, United Nations is set to deliver the keynote address at the event on Monday 30th January, 2023 at the Auditorium of the NBA, National Secretariat, Abuja.

There couldn’t have been a better time than this for the NBA to set the tone and agenda for the Nigerian nation. The panelists include: Engr. Bala Zakka, Professor Dahiru Hassan Balami, Mr. Solomon Arase, MNI; Brig. General Abubakar Hanafi Sa’ad, Grp. Captain Sadiq Garba Shehu, Dr. Babatunde Ajibade, SAN; Mr. Wale Fapohunda, SAN; Mrs. Huwaila Mohammed.

The dialogue will focus on 3 key areas, viz; Economy, Security and Administration of Justice.

The event is an hybrid event and it is free to attend, although registration is required for participants both virtual and in-person. Click on the link below to register now. https://rb.gy/bkxzvl

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As the Nigerian Law School marks its 60th anniversary this year, Hon. Justice Sylvanus Ajuyah OFR, an octogenarian and former High Court Judge in the defunct Bendel State, shares his experience as a pioneer student and what he thinks about today’s legal practitioners

Can we meet you Sir?

I am Sylvanus Ayere Ajuyah

How old are you, Sir?

I am 89 years old.

As a pioneer student of the Nigerian Law School, can you please tell us how many of you were in that class and what are their names?

We were eight that started the Nigerian Law School on 2nd January, 1963: Myself, S. A. Ajuyah, J. S. Anyanwu, S. O. Chinke, I. A. Damiebi, O. C. Obi, N. N. Onuoha, I. O. Sonoiki and N. N. Wachukwu. We were all matured students at that time.

Do you know where they are now?

Well, I don’t know where they are. That is why I brought out that picture (pointing at a group photograph) to identify them. I am sure many of them are ‘asleep’ now.

Where was the school at that time and hall of residence?

I think 213, Igbosere Road and we were all provided with accommodation there also.

Do you still remember names of your lecturers?

(Though he could not vividly remember all their names, he was able to mention two names) Mr. Rudd, who was a white expatriate and another whose name I cannot now remember. Mr. Ibironke came from the Ministry of Justice as a State Counsel; he lectured us on Constitutional Law.

What were the Courses you offered?

Evidence, Criminal Law, Constitutional Law, a bit of Land Law and Drafting. It was one white expatriate that took us on Legal Drafting.

How did you relate in class then and how was your interaction with your lecturers?

We talked as colleagues and we discussed as colleagues. The lecturers were good and were devoted. They gave their best to us. There were other people who were invited to talk to us like Chief Rotimi Williams, Justices of Court of Appeal who presided over debates. There were also Moot Courts where Judges presided and gave judgements.

What inspired you to take to Legal Practice?

I needed a profession. In my days at Igbobi College, I was more of a mathematician while my friend, Professor Ade Ajayi was a historian, and so I wanted a break. My university training combined with my training at the Law School gave me a strong footing upon which my legal practice was established.

What is your advice for students at the Nigerian Law School?

I advise students to read hard and concentrate on their work; not like some legal practitioners of today, they are lousy, they are not serious.

What is your advice for lecturers at the Law School

They should be diligent in their work and give their best to the students.

Culled from “Fifty Years of Legal Education in Nigeria-Challenges and Next Steps by Council of Legal Education.”

Editor’s Note: Hon. Justice S. A. Ajuyah transited on the 26th of February, 2015 at the age of 90. This interview was conducted in 2013.

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By Wahab Abdulah

Former president of the Nigerian Bar Association (NBA) and Chairman Body of Benchers, BoB, Chief Wole Olanipekun, SAN recently donated an ultra-modern high court building to the Ekiti State High Court, Ikere Judicial Division.

Speaking during the official commissioning of the complex in Ikere-Ekiti last week, Chief Olanipekun noted that the gesture was informed by his commitment to bequeath the judicial sector with modern facilities.

The commissioning of the courthouse in Ikere Ekiti has ‘exposed’ Chief Olanipekun’s ‘attitude’ not only to philanthropic gestures but ‘gave’ him away to spirituality in fulfilling the Lord’s command.

Little wonder when the Chairman of Body of Benchers quoted copiously from the Holy Bible and said, “there is nothing we have that has not been given.” Olanipekun added, “the totality of our lives should be lived and geared towards appreciating God for His benevolence, as the one who gives all, through His awesome grace.”

At the well-attended event, the legal luminary equally refused to hide his feelings, love and passion for the law profession which he chose and dedicated his life to even at the risk of envy. He stated the reasons for donating the commissioned courthouse to include but not limited to his love for charity and also his love for the law profession which he has been practicing for over four decades.

He said, “For those who are agitated or might be agitated by the gathering of today or the reason for the gathering, may I plead with them to hold their peace. Primarily the law profession constitutes my natural habitat; and through the profession, which I believe is my calling by the Almighty God, I have bountifully received grace, favour, mercy, blessings and benevolence from the creator, and as such, I am convinced that I am not committing any misdemeanor if my charity should begin at home.”

The creme la creme who honoured the judiciary, the legal profession and particularly Chief Olanipekun who donated the gigantic building to the state judiciary by attending the event were the Governor of the state, Mr. Biodun Oyebanji; President of the Court of Appeal, Justice Monica Dongban-Mensem; Acting Chief Judge of Kwara State, Justice Abiodun Adebara; Special Adviser to the President on Political Matters, Senator Babafemi Ojudu, senior lawyers and justices, among others.

Many people would have asked the question, ‘Why did he single-handedly donate a court room, furnish it and equip its Library with law books?’ For critics, their views may be that Chief Olanipekun embarked on the gesture in order to have the dominance and influence over whatever happens in the court system in his domain.

The answer was provided by Chief Olanipekun himself when he said: “May I state it loud and clear that this court complex neither belongs to the law firm of Wole Olanipekun and Co, nor my person. It remains forever the property of the Ekiti State Judiciary, vested in it in perpetuity.”

For doubting Thomases, Olanipekun went further to state that he has no single case being handled by his law firm in Ekiti.

The iconic court building comprises of two courtrooms, well equipped library, Judges chambers, Conference rooms, registry, pre-trial room, changing rooms for lawyers, exhibit room, general office, holding cell, toilets, cashier’s office, and a functional heavy-duty capacity generator. The two court rooms were named after Justice Emmanuel Ogundare and Justice Olajide Olatawura respectively, two Ekiti-born jurists that got to the pinnacle of the judiciary as Supreme Court Justices. The library is named after Aare Afe Babalola SAN, foremost lawyer from Ekiti and founder, Afe Babalola University, Ado-Ekiti.

Olanipekun’s footprints are all over home town and beyond. This thirst for charity and unrivaled feat can be attributed to his family background. His father, Late Pa Isaac Olanipekun could not be described as rich in material things, but his service and dedication to God was remarkable. For 17 years, Pa Olanipekun – who passed on in 1999 – served at St. Peter’s Church, Ikere Ekiti, sweeping the floor, planting flowers and cutting grasses without collecting salaries. No wonder his son, Oluwole built the vicarage of the church in his memory in 2012, signifying the blessings of God over the sacrifices and service of the father. Besides, Olanipekun built a 1,600-capacity auditorium for his local church in Ikere in 2020.

Earlier in 2007, Chief Olanipekun built a Computer Laboratory hub fully equipped with laptop and desktop computers for his alma mater, Amoye Grammar School, Ikere-Ekiti. The hub was again refurbished in 2019.

Chief Olanipekun in 2014 built a 350-capacity Bar Centre for the NBA Ikere-Ekiti branch, and in August 2019 purchased a brand new 16-capacity bus for the Branch.

In 2015, he built the Iyaafin Abosede Ultra-modern Amenity Ward located within the premises of the State Specialist Hospital, Ikere-Ekiti, equipped it with state-of-the-art facilities, and donated it to the Ekiti State Government.

The lists of his humanitarian gestures and interventions to make his people happy are numerous. Recently, on November 12, 2022, he hosted the 26th edition of the Wole Olanipekun Scholarship Scheme and 3rd Edition of Wole Olanipekun Foundation Youth Empowerment & Aged/Widows Support Program, where cheques were given to hundreds of beneficiaries.

Speaking extensively on the motivation for building the courthouse, the erudite lawyer explained that his decision to build and donate the complex in his community was as a result of calls received from stakeholders from the law profession on the poor condition of the High Court Complex, making it difficult for judges and lawyers to carry out their duties.

He said, “I started receiving Macedonian calls from my primary constituency that the High Court Complex in my hometown was derelict to the extent that it had become very unconducive and almost uninhabitable for judges and lawyers to carry out their sacred duties in the temple of justice.

“We all know what administration of justice entails, its raison d’etre, its very essence to humanity as well as its primary importance to the existence of mankind. Justice is at the heart and hub of any meaningful and peaceful co-existence, either among governments, governments and citizens or citizens inter se.”

He called on government at all levels including private individuals to pay attention to what he described as the deteriorating state of court facilities in the country, noting that a well-equipped court room would build litigants’ confidence in our judicial system.

His words: “The walls and roofs of a good number of our courtrooms are collapsing and caving in. Basic facilities such as toilets are not available in a good number of courts all over the country; in most instances, functional libraries are not available.

“The ambience of a typical or average courtroom should reflect an atmosphere of learning which judges and lawyers subscribe to, and are known for rather than representing, both from within and without, a rough, untidy, unclean and unkept theatre.”

The Ekiti State Governor, Biodun Oyebanji commended Olanipekun for his kind gesture, describing it as noble and unprecedented. He added that the new court room would in no small measure enhance the administration of justice.

The governor, who later commissioned the new court room, explained that his administration would remain committed to the development of the state’s judiciary with effective policies and provision of conducive environment, calling on individuals to contribute to the development of the society and not leave everything to the government.

Oyebanji said, “There is no doubt that Chief Olanipekun is a man who takes pleasure in giving back to the society and institutions that once nurtured him. This is yet another demonstration of his commitment to giving back to the law profession where he has made his mark as a distinguished member of the Bar and Bench.

“As a government, our administration understands the importance of law and order to the progress and development of our state. We are committed to effective administration of justice that serves the public by ensuring that condition of our courts and the welfare of the judicial officers are well attended to.”

On his part, the Chief Judge of Ekiti State, Justice Oyewole Adeyeye lamented the growing infrastructural decay in the judicial sector. He commended the former NBA President for the timely donation of the edifice, adding that it would enhance effective administration of justice in the state.

Adeyeye said, “Our prayer was for the renovation of the existing structure; the learned silk by way of consequential order, granted us a brand new fully furnished court complex. That the project was delivered within such a record time is not only a testimony to determination and commitment but also a manifestation of a promise kept.

“Let it be quickly stated however that today’s occasion is by no means an admission of failure or helplessness on the part of the government in its social contract with the people through the provision of enabling facilities for service delivery.

“Rather, it is testimony to the need for the private sector to intervene when necessary in order for the wheels of governance not to grind to a halt.”

* Abdulah is a journalist and public affairs analyst.

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By Hassan Olalekan Sherif

On Wednesday, November 23, 2022, the President of the Federal Republic of Nigeria launched the redesigned N200,N500 and N1000 Naira notes. The Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele and other dignitaries were in attendance. The new currency notes are now supposedly in circulation since December 15, 2022, with both the new and old notes to run concurrently as legal tenders until January 31, 2023.

In explaining the overriding objective behind this initiative, the CBN in a press release dated November 11, 2022, signed by Mr. Osita Nwanisobi, the CBN’s Director of Corporate Communications, claims it is committed to preserving the integrity of the local legal tender by reducing the significant amount of cash outside the banking system and its use for criminal activities, curtailing currency counterfeit and promoting financial inclusion, amongst others.

While these objectives are lofty really, the response of the banking public to the implementation of the policy has been mixed and deservedly so. On one hand, the policy has ensured an increased currency deposit across banks and other financial institutions. In fact, the CBN stated that of the N3.23 trillion currency in circulation, N2.73 trillion was outside the vaults of commercial banks across the country; and supposedly held by the public. However due to the instant naira redesign initiative, it is reported that more than N2 trillion has been pulled back into the vaults of banks as well as that of the CBN.

On the other hand, the banking public have expressed their concerns over the continued scarcity of the new naira notes which now puts the preparedness of the CBN in doubt. Although officially, commercial banks across the nation have commenced dispensing the newly redesigned N200, N500 and N1,000 Naira notes on Thursday, December 15, 2022, many banks’ branches in reality are yet to begin giving out the new notes. Commercial Banks still issue old notes over the counter and continue to load ATMs with the same. As to why the scarcity of the new notes linger, most of these commercial banks have arrogated their inability to dispense new notes to inadequate supply from the CBN. These realities now cast doubts on the CBN’s ability to meet its January 31 deadline, leaving many to wonder and indeed this writer too, if the implementation of the CBN’s redesigned naira policy and the circulation of same is a well-thought-out venture or a thoughtless one? And in view of the extant laws governing the issuance, form and design of legal tenders in Nigeria, is the newly redesigned legal tender, even legal?

Thoughtful or Thoughtless?
The CBN commenced officially dispensing the newly redesigned noted on December 15, 2022. Deadline for use of the old note is presently pegged at January 31, 2023. This means a total of 47 days within which to adequately supply the newly redesigned notes to Nigerians. This is a period less than two months. This timeframe is less than 7 weeks cumulatively.

In view of the foregoing, the World Bank in its report accessed that the timing and short transition period for the new naira may have negative impacts on economic activity. The World Bank thus advised that “international experience suggests that rapid demonetizations can generate significant short-term costs, with small-scale businesses, and poor and vulnerable households, potentially being particularly affected due to being liquidity-constrained and heavily reliant on day-to-day cash transactions”. The CBN would have none of these advisories and have continued to push for its January 31, 2023 deadline even in light of the many bottlenecks stifling a successful circulation of the redesigned naira.
This has left many wondering if the in-situ stance was a thoughtful one, especially considering that the CBN had only recently revised its policy on Cash Withdrawal Limit after much ruckus from the public and the request from the National Assembly to considerably adjusts same.

Is the New Redesigned Legal Tender, Legal?
Even more worrisome is the legal status of the newly redesigned naira notes and whether due process was followed. The CBN Act provides in Section 19(1)(b) that the currency notes issued by the CBN shall be of such forms and designs and bear such devices as shall be approved by the President on the recommendation of the Board.

Firstly, this writer cannot access any public record/gazette containing recommendations on the form and design of the new notes by the CBN Board of Directors to Mr. President, especially preceding Mr. President’s purported approval. It was only reported that Mr President had approved the redesigned naira after the Minister of Finance claimed that her ministry was not consulted or carried along in the naira redesign plans. However as to the form and substance of this purported approval, this writer, as well as the people he had interviewed, cannot tell or confirm. It is also curious whether the form and design of our currency should only be reported as approved by Mr President, through a public show of approval and fanfare and photo ops. This writer is not aware of any written instrument of approval from Mr. President and can also not confirm that there was any recommendation by the Board of the CBN to Mr President on the form and design of the redesigned naira notes.

Secondly, the CBN Governor cannot ipso facto declare a new design. According to Section 6(2) of CBN Act, the Board of Directors (the Board) of the CBN shall consist of a Governor who shall be the Chairman, four Deputy Governors; the Permanent Secretary, Federal Ministry of Finance; five Directors; and the Accountant-General of the Federation.

Though the Permanent Secretary of the Federal Ministry of Finance is a member, the Minister of Finance, Budget and National Planning, Zainab Ahmed had declared that the CBN did not carry her ministry along in its naira redesign plans. This suggests that the Board may have never met to make any recommendation in respect of the redesigned naira, or that the Board was not properly constituted before her recommendations for the redesigned currencies or that the Board formed a quorum with the Permanent Secretary in absence, or just outrightly that the Minister of Finance was being economical with the truth. Whatever the case, it is quite crystal that a proper and valid recommendation of the Board must precede the approval of a change in the form and/or design of the naira, before the approval of the President can be validly obtained and properly granted. This is doubtful in light of the suggestions herein.

On the withdrawal of old currency notes and cessation as legal tender on or before January 31, 2023, there are also legal implications. Section 20(3) of the CBN Act states that the CBN “shall have power, if directed to do so by the President and after giving reasonable notice in that behalf, to call in any of its notes or coins on payment of the face value thereof and any note or coin with respect to which a notice has been given under this sub-section, shall, on the expiration of the notice, cease to be legal tender”.

In essence, there must be a DIRECTIVE from Mr. President and REASONABLE NOTICE must be given for recalling old notes in circulation where a new currency is introduced. Again, it is not within the immediate confirmation of this author that Mr president had issued such a directive to the CBN and it is not verifiable on the CBN’s official website. Moreso giving less than three months’ notice for the change to a new currency and calling for all old currency within that timeframe cannot in good conscience and for a country with over 200 million population be reasonable, especially as the Apex bank is even yet to, as claimed by commercial banks, adequately and appropriately supply the redesigned currency for onward dispensing to customers.

The Way to Go?
As a matter of urgency, the Economic and Financial Crimes Commission (EFCC) must pursue currency hawkers, Persons of Interest/Politicians and others who have mopped up the very few new naira notes recently released by the CBN. Some claim that the CBN and Deposit Money Banks are in collusion with currency hawkers who sell the new notes on the black market to wealthy “customers”. If we must not transmute to the days of yore where 90 percent of the Nigerian currencies were in the hand of a select few, the trend must be looked into and nipped in the bud. Section 21 (4) of the CBN Act has already made it an offence punishable with a fine of N50,000 naira or 6 months imprisonment or both, for any person to hawk, sell or otherwise trade in the Naira notes, coins or any other note issued by the CBN. The CBN is empowered by section 6(3)(f) of the CBN Act to carrying out such other activities as are necessary and expedient for the purposes of achieving its objectives and should take a more active role in ensuring the prosecution of offenders. At the very least, the CBN, as a regulator, cannot afford to be complicit in this nefarious and illegal venture and any of its staff found wanting must and should accordingly face the necessary sanction.

This writer has also read in the Thisday Newspaper of Wednesday the 11th of January, 2023, that the CBN has warned that it will penalize banks that fail to comply with its directive to dispense the newly redesigned N200, N500 and N1000 through their ATMs. The Apex bank is also insistent on the January 31, 2023 deadline for the withdrawal of old notes in circulation. It is interesting to note that even in the face of all these “threats”, there is no clear-cut punitive measure in the event of a breach. And at the moment, there is no implication for non-compliance from the Bank save the threat of a penalty. There is also no monitoring mechanism for the implementation of the policy.

As with the CBN policy on Cash Withdrawal Limit which was revised after much ruckus from the public and the request from the National Assembly that withdrawal limits be considerably adjusted, the CBN must urgently review its naira redesign policy within the prism of legality and practicability. It must also consider the viability of its logistics just so the issue of inadequate supply is taken care of. It is not rocket science that there is a scarcity of the new redesigned notes. The feasibility of achieving an adequate supply of the notes to Nigerians through the commercial banks is looking slim given the narrow timeframe.

Hassan Olalekan Sherif is an Abuja based legal practitioner. He is a Legal Associate with J-K Gadzama LLP and can be reached at hassanolalekansherif@gmail.com. The views expressed in this article are solely those of the author.

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CHIEF OLALEKAN YUSUF SAN, Principal Partner and founder of Olalekan Yusuf, SAN & Co., passed on last Thursday. Described as “the go-to Counsel for complex legal matters, particularly in the area of land law, law of secured credit transactions and Commercial Law,” Yusuf took silk in 2013.

He was a former Chairman (2000-2002) and Vice Chairman (1998-2000) of Nigeria Bar Association, Ikeja Branch, a member of the General Council of the Bar and the International Bar Association (IBA).

In this article, law teacher and fiery Economic and Financial Crimes Commission (EFCC) prosecutor Wahab Shittu SAN pays tribute to his memory.

Adieu AbdulFatai Olalekan Yusuf SAN.

This morning l woke up to the sad reality that our olalekan AbdulFatai Yusuf SAN is no more. It sounds unbelievable, but it is a sad reality.

We were close right from our SBS days between 81- 82 where we cultivated friendship and brotherhood. It was not like we saw each other often, even if our law firms are not too far from each other. Our hearts always bonded.

A strong friendship doesn’t need daily conversations, doesn’t always need togetherness. As long as the relationship lives in the heart, true friends will never part.

And so it pains to know that our friend and brother is no more, at least in the land of the living.

It pains. However every pain teaches a lesson. Every lesson changes a person.

The lesson here for me and everyone else, is that as mortals, we cannot live forever. For each and everyone of us, one day it will be over.

This ought to teach us all that we need to embrace Good deeds, and try to move closer to God, because one day for you and l , it will be over.

When that day comes, and no matter how long, how will you and l like to be remembered?

Myself and the departed Olalekan Yusuf SAN renewed contacts
and togetherness as students of the Faculty of law, University of Lagos between 1983- 86 and subsequently attended law school together in 1987.

And from that vantage point of knowledge, l now share testimonial about the departed learned silk.

The departed was married to Bimpe, a director of the National Library, a relationship that started from Ojoku Grammar school and blossomed at SBS Ilorin. Both were inseparable and remain so till death separated them this morning. At SBS ilorin , both always clung to each other like Romeo and Juliet. To my knowledge, both never cut corners. The relationship may have shown the departed as one committed to relationships. Learned silk was fiercely loyal. I never saw the departed learned silk in any other intimate relationship with any other woman other than Bimpe throughout his life. What a devoted man he was.

The relationship blossomed and was blessed with successful children including a medical surgeon and legal practitioner, amongst others. The departed believed in quality education and gave all his children his best in terms of care and commitment to quality education.

In terms of commitment to relationships, l reference the departed’s closeness to our colleague, our late Ade olowomoran. Both of them forged friendships until Ade olomoran’s last hours, and Yusuf remained committed to his friend even after his sudden death after our service years in Kano. The departed never betrayed his friends.

One of my wife’s sisters is married to the learned silk’s Elder brother. I can confirm from the testimonial of my wife’s sister, that the departed silk was responsible for the upkeep and educational training of all his Elder brother’s children up to the University level and also supported the extended family with required resources. Such was his depth of humanity. My wife’s sister remain inconsolable with tears this morning as we called to offer our condolences.

I recall sharing the departed’s commitment to community services with the world at his last birthday. Singlehandedly, the departed impacted his native Ojoku community. He built a befitting police post for the community which he handed over to the Nigerian police force. Such was his devotion to community services.

The late departed ran a stellar and professionalised legal practice. His law chambers along Allen Avenue remain a delight in terms of organisation, architecture and library services. A delight and reference point for any professional.

Many will attest to the departed’s excellent taste and dress sense. He was always well turned out either in immaculate suits or native wears. He made such a huge impression such that the body of Senior Advocate accorded him the hosting rights in one of the body’s special functions.

Always reserved with admirable presence, the departed silk chose carefully his circle of friends. One of his closest friends that l know is Hakeem Ogunniran, the celebrated business lawyers who reigned as the CEO of one of the blue- chip companies in Nigeria. Both remain close friends, until death snatched our departed friend away this morning.

I can go on and on about the departed silk, including my last physical contact with him in his office, when he reiterated the professionalism of his practice and his determination never to pervert the course of justice by not offering bribes to any judicial officer for any favours whatsoever.

And so our AbdulFatai Olalekan Yusuf SAN, the expert property/ commercial lawyer and litigator is no more.

He bade Farewell to the world this morning, and we mourn.
I mourn.

May Allah receive his gentle soul peacefully in Aljannah firdaus.
Amen.

And to Bimpe ( the only woman in his life), his children, family, immediate and extended, his Ojoku community, his in- laws in my native Offa community, his colleagues and cycle of friends including the body of Senior Advocate of Nigeria and his retinue of clients including the estate of his rich client (Estate of renowned chief Ayodele Ayoku), l say Farewell.

Farewell, Farewell, Farewell to our brother and friend, AbdulFatai olalekan Yusuf SAN as his body is interred at a solemn burial rites according to Muslim customs this evening.

Farewell my brother,
Farewell our friend
Farewell my friend

Wahab Shittu SAN

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Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN has written another scathing letter to the Chief Justice of Nigeria and the Secretary of the Body of Benchers asking them to pressure BoB Chairman, Chief Wole Olanipekun SAN to quit.

In the petition, Maikyau said: “I have, since assuming office as President of the NBA, expressed concerns over the negative impact of the e-mail by Adekunbi Ogunde (as with so many other actions of our colleagues), on the legal profession in Nigeria. In my inaugural address on August 26, 2022, I specifically referred to the e-mail and the matters arising therefrom.

“I did not mince words about the devastating effect of that e-mail on our noble profession of law and by virtue of the strategic position of this Body in showcasing the crème-de-lacrème of the legal profession in Nigeria, this Body must acquit itself of any complicity, albeit after the fact, in any act of professional misconduct.

“For us as members of the legal profession to discharge this responsibility, we must be in position to earn and command the confidence of the people. Needless to say, the confidence of Nigerians in the legal profession is at an all-time low and, like I observed in my Address during the 2022/2023 Legal Year Ceremony of the Supreme Court on 28 November 2022, the unfortunate situation is not unconnected with the conduct of members of the profession, both on the Bench and at the Bar.

“It is for this reason that I must respectfully call on this Body to take definite steps toward regaining the confidence of Nigerians in the legal profession. The e-mail by Adekunbi Ogunde, which presented this Body and indeed the entire legal profession in Nigeria, as one subject to and/or susceptible to manipulation by the Chairman, is the greatest damage ever inflicted on the legal profession in Nigeria and the psyche of Nigerians. Whatever confidence Nigerians may have had in the legal profession was drastically eroded by the content of that email, which gained wide publicity in the social media.

“Interestingly, there was no denial that the said e-mail was indeed written, and whether the content of the email was authorised or not is immaterial to the impression created by its content. The only way this Body can demonstrate that it “consists of men of the highest distinction in the legal profession” is to come out and speak boldly against that negative narrative and refuse to celebrate it in anyway under any guise.

“We must not allow younger members of the profession to have the slightest thought that the content of Adekunbi Ogunde’s email is a template for legal practice in Nigeria. No one should be in any doubt that, the content of the email is condemnable and does not represent this Body and the legal profession. We owe the younger generation of lawyers the duty to speak and not be silent. My administration has committed to protecting the legal space for the benefit of the upcoming generation of lawyers. Not only are we resolved to resist any external incursions into the legal space, we shall equally resist any action that seeks to destroy the fabric of the profession.

“We owe the younger generations of not only lawyers but all Nigerians, honest and sincere mentorship. To allow the status quo in this Body to remain, despite the glaring colossal damage to the conscience of this nation, the legal profession, is to abdicate our responsibility to the nation.”

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FEATURED

The Institute for African Women in Law in collaboration with the Nigerian Bar Association Women Forum launched three reports on women in leadership and law. The research gives empirical data on women in law and leadership in three sectors of the legal profession – the bar, bench and academia.

The research was carried out on behalf of the IAWL by the Research and Documentation committee of the NBAWF headed by Prof Adejoke Oyewunmi, Professor of Law at the University of Lagos.

The event which was held at Radisson Blu Anchorage Hotel, Lagos, was moderated by Ozofu Igemudia, Partner at Udo-Udoma & Belo-Osagie and featured notable and distinguished members of the bar, bench and academia in the Nigerian legal industry.

Several justices of various courts were in attendance – Justice Amina Augie, Honourable Justice of the Supreme Court and guest speaker at the event; Prof Yinka Omorogbe, SAN, former Attorney General and Commissioner for Justice, Edo state; Justice Toyin Oyekan-Abdullahi, Judge, High Court of Lagos state,

Also in attendance were senior members at the bar including Gbenga Oyebode, Co-founder and Of Counsel, Aluko and Oyebode; Yakubu C. Maikyau SAN, President of the Nigerian Bar Association ably represented by Adesina Adegbite, General Secretary of the NBA; Hairat Balogun, OON, founder and Senior Partner, Libra Law; Funke Agbor, SAN, Senior Partner, Dentons-ACAS Law.

Representing academia were Prof Oluyemisi Bamgbose, SAN, immediate Past Chairperson of the NBAWF and Deputy Vice-chancellor, University of Ibadan; Prof. Chioma Kanu Agomo, Professor of Law at the University of Lagos; Prof Adejoke Oyewunmi, Head, Research and Documentation Committee of the NBAWF; Onyoja Momoh (PhD), International Family Law expert and Board member, IAWL.

In her opening remarks, Chinyere Okorocha, Chairperson of the NBA Women Forum congratulated both bodies on the “momentous report launch”. She noted that the NBAWF was first contacted in 2021 by Prof J. Jarpa Dawuni, Founder and Executive Director, of IAWL to carry out the research on behalf of the institute and this report marks the first properly compiled data on women in law and leadership in Nigeria. She also noted that women for centuries were not treated as they should in the various professions they found themselves including the legal profession. According to her, “this is why the research is important and will help to find out through empirical evidence whether what women suffer is perhaps marginalisation, discrimination, unequal pay or just women making a lot of noise.” She also stated that the recommendations from the reports will be carried forward to the right places in order to get good results.

In his goodwill message, Yakubu Maikyau, SAN, represented by Adesina Adegbite, lauded the initiative of the IAWL and NBAWF on the research and noted that it was a good thing that women take charge of their destiny. He also noted that the NBAWF would constantly enjoy the support of the administration.

Prof Dawuni stated that the research was conducted in four African countries – Nigeria, South Africa, Kenya and Senegal. The research has been concluded and launched first in Nigeria and will now be launched in other countries. According to her, the study shows that although there are notable female thought leaders in Nigeria, a lot still needs to be done to increase the number of female legal professionals in leadership in every sector of the legal industry. According to her “the research was done to obtain data on women lawyers in leadership, highlight the successes of female lawyers in Nigeria, pointing out the challenges and proffer solutions to these challenges

An overview of the reports was given by Yinka Omorogbe, SAN, former Attorney General of Edo state, noting that, “it provides recommendations on how to improve their conditions and promote effective gender-inclusion policies.”

In the fire-side chat between Justice Amina Augie, JSC and Prof J. Jarpa Dawuni, the Honourable Justice talked about her 45-year career and highlighted her experience as a woman in academia and on the bench. She noted that to rise and be part of leadership, women face a lot of challenges, however, “women have to embrace obstacles, learn lessons from them and be prepared for anything”. In her words, “women have to be the best they can be”. She also noted that women have to prepare themselves for leadership. “Wanting to be a leader is one thing and preparing for when it will come is another; women have to own it and embrace crisis and be confident always” Amina JSC noted.

The reports of the research were unveiled by J. Jarpa Dawuni and Chinyere Okorocha flanked by Justice Amina Augie JSC, Prof Oluyemisi Bamgbose SAN, Gbenga Oyebode, Yinka Omorogbe SAN and Dr Onyoja Momoh.

In her acknowledgements, Dr Onyoja Momoh noted that the reports show that a lot still needs to be done and that it is not enough to have gender-inclusion policies in place unless they are effectively implemented. In her words, “rights are meaningless unless they are consistently enforced.”

The closing remarks were given by Prof Oluyemisi Bamgbose SAN who stated that it was only just the beginning of what the partnership between the two bodies will achieve. She also noted that the research carried out by the IAWL and NBAWF has shown that the United Nations’ Sustainable Development Goal number five which concerns gender equality and women empowerment is achievable.

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PHOTO: L-R Prof. Oluyemisi Bamgbose SAN, immediate past NBAWF Chairperson; Prof J. J. Dawuni, Founder and Executive Director, IAWL and Chinyere Okorocha, NBAWF Chairperson

The Institute of African Women in Law (IAWL) will in collaboration with the Nigerian Bar Association Women Forum (NBAWF) launch three reports on Women in Law and Leadership in the Legal Profession.

The report will be unveiled today at Radisson Blu, Victoria Island, Lagos. It spotlights women in the Nigerian bar, bench and academy, and is aimed to inform policy actions.

The reports summarize the empirical findings gathered on women in law and leadership as part of strategic actions under the Women in Law and Leadership (WILL) initiative of the Institute for African Women in Law. WILL is crucial because of the legal system’s unique role in addressing gender-based discrimination. Women’s unique perspectives, participation, and leadership in the justice system are valuable tools in achieving goal number five (#5) of the United Nations Sustainable Development Goals (SDGs) on gender equality by ensuring the specific interests and priorities of women are represented in decision-making processes.

Key actors in the legal profession including judges of superior courts of record, leading academics and top law firms, as well as diplomatic missions and philanthropic organizations will be present at the launch. Speaking about the reports and the launch, J. Jarpa Dawuni (PhD), Founder and Executive Director, IAWL stated that “the Institute for African Women in Law’s five-year strategic goal of Women in Law and Leadership is aimed at accelerating systems change for women in leadership. These reports are a first step to informing policy actions. We will work with our country partners, the NBAWF to expand opportunities for women in law in Nigeria”.

According to the Chairperson of NBAWF, Chinyere Okorocha, “The NBAWF is proud to have collaborated with the IAWL on this laudable report. It is a rich source of data on the issues affecting women leaders in the sector and we look forward to partnering with stakeholders to implement the recommended solutions”.

She also acknowledged her predecessor, Prof. Oluyemisi Bamgbose SAN, under whose leadership the collaboration was initiated, as well as the Head of NBAWF Research and Documentation Committee, Dr. Adejoke Oyewunmi, who led the NBAWF team.

The NBAWF is an arm of the Nigerian Bar Association committed to empowering, inspiring and supporting female legal professionals in Nigeria. Since its inauguration in 2019, the NBAWF has served as a platform for advocacy for female lawyers, championing the promotion and appointment of female lawyers to well-deserved positions, and empowering female lawyers through mentorship and exposure to national and international workshops.

The Institute for African Women in Law (IAWL) is a pan-African non-profit, non-governmental organization committed to supporting the formidable works of women in law across the continent of Africa and the Diaspora. Its goal is to be a focal point for addressing issues across the legal and judicial sectors. Its vision is to build a network of legal professionals devoted to using the law as a tool for positive social change and development. The Institute’s four-step strategy includes enhancing potential, nurturing leadership, creating opportunities and building partnerships.

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The Lagos State Government has commenced prosecution of an Assistant Superintendent of Police (ASP), Mr. Drambi Vandi for the alleged murder of a Lagos-based lawyer, Mrs. Omobolanle Raheem on Christmas Day.

Meanwhile, the deceased will be buried today after a funeral service at the Olive Tree Parish of the Redeemed Christian Church of God, Banana Island, Lagos.

This is coming on the heels of a Service of Songs held yesterday at the same venue as well as a Day of Tributes organized by the Nigerian Bar Association (NBA) in honour of the deceased.

Lagos Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo, SAN yesterday led the prosecution as Vandi was arraigned before Justice Ibironke Harrison of the Lagos State High Court sitting at Tafawa Balewa Square (TBS) on a one-count charge of murder.

The charge, dated December 28, 2022 and marked LD/20598c/22, alleged that Vandi killed Raheem contrary to Section 223 of the Criminal Law of Lagos State 2015.

The charge read: “ASP Vandi on the 25th of December 2022 at Ajah roundabout along Lekki-Epe Expressway Lagos in the Lagos Judicial Division unlawfully killed one Omobolanle Raheem (F) by shooting her in the chest.” Vandi pleaded not guilty.

Onigbanjo informed the court that the prosecution had two witnesses, Mr. Matthew Ameh and Mr. Ebimini – both Police Inspectors.

Testifying from the witness box, Ameh stated that he, Ebimini and Vandi were colleagues at the Ajah Police Division, adding that Vandii was the leader of their three-man team on the day of the incident. Ameh, who said he had been in the Force since 2001, testified that Ebimini and Vardi were armed on the day of the incident.

He explained that before they were posted out for work that morning, the Divisional Police Officer of the Ajah Division cautioned all the police units under his control against indiscriminate firearms use.

Ameh said: “(The DPO stated) That as we were going out, our duty was to protect life and property, that on no account should anyone use his firearm unless someone’s life is in danger or your life is in danger.”

He stated that they were on a “stop and search” duty under the Ajah Bridge on Christmas Day when a Toyota car approached.

He said: “Ebimini was in front, I was in the middle while Supol Vandi was the last man behind (us).”

Ameh said as the car approached Ebimini, he flagged it down but the car drove past.

The witness said: “It didn’t stop for him. The car got to where I was, I flagged it down; it didn’t stop for me.

“The next thing I heard was a gunshot. I looked back to see what was happening and I saw the vehicle with the glass falling.”

He told the court that “It was the front screen (windscreen)” that fell off.

“The next thing I saw again was a dark woman jumping down from the vehicle and holding Supol Vandi. She said: ‘Oga, you have killed my sister.

“The woman held him and before I and Ebimini could get to them, they had entered the car, locked it and zoomed off. We do not know where they drove to.”

He said when they returned to their police station, their Divisional Police Officer (DPO) drove in with Vandi in a patrol van.

Following partial cross-examination by Vandi’s counsel, Mr. Adetokunbo Odutola, the judge acceded to Mr. Onigbanjo’s prayer for an accelerated hearing of the case, Justice Harrison adjourned further proceedings till January 25 and 26.

The NATION reports that proceedings were delayed for over an hour following Odutola’s absence.

Justice Harrison stood down Vandi’s arraignment until the lawyer showed up at past 11am.

The judge, upon being informed of the presence of Nigerian Bar Association (NBA) President Mr. Yakubu Maikyau, SAN, and the NBA Lagos Branch Chairman, Ikechukwu Uwanna, urged them to make interim arrangements for a lawyer to defend Vandi pro bono. Maikyau agreed.

Vandi, an Assistant Superintendent attached to the Ajiwe Police Station in Ajah, Lagos State, allegedly shot Raheem while she was returning from a Christmas Day outing with her family members.

He was arrested and appeared before Chief Magistrate C.A. Adedayo on December 30, 2022, a day after the Police Service Commission (PSC) approved his suspension.

The magistrate ordered that he be remanded at the Ikoyi custodial facility pending advice of the Lagos State Director of Public Prosecutions.

To view some highlights of the trial, click here.

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The new Executive Committee of the Nigerian Bar Association Women Forum (NBAWF) was today inaugurated by Nigerian Bar Association President (NBA), Mr. Yakubu Maikyau SAN. The handover and inauguration ceremony was held at the Westwood Hotel, Ikoyi.

The event witnessed the passing of the baton of leadership to the new executive and council members. Chinyere Okorocha, the new Chairperson, took the mantle of leadership from Prof. Oluyemisi Bamgbose SAN, the immediate past chairperson of the Forum.

Other executive committee members are Ifueko Alufohai, Vice-Chairperson; Irene Iniobong Pepple, Secretary and Mercy Ijato-Agada, Treasurer.

The event also ushered in the new Governing Council of the Forum comprising Folashade Alli, Soibi Ovia, Ekaete Ubokudom, Chinyere Okeziem-Nwoko, Musleemah Nagode Olamide, Oyeyemi Aderigbigbe and Mohammed Adama.

The ceremony was witnessed by distinguished members of the Bar and other notable guests. Aside from Maikyau, Justice Kazeem Alogba, Chief Judge of Lagos State was ably represented by Justice Nicol-Clay. Others are Ayotola Jagun, past NBAWF Governing Council member; Habeeb Akorede Lawal, NBA Publicity Secretary; Mandy Asagba, President, African Women Lawyers Association (AWLA); other NBA National Executive members, NBAWF committee members, state leads and branch coordinators.

In her welcome address, Jagun, who is also the Company Secretary of Oando, stated that NBAWF had evolved due to the dedication of the outgone executive members and through committees which reflect the needs of female lawyers in Nigeria.

She noted that the NBAWF is dedicated to its passion to empower, inspire and support female lawyers in Nigeria. Encouraging all female lawyers in Nigeria to be part of the NBAWF activities as the Forum is representative of female lawyers across the board, she charged all to be part of the change they want to see.

In his opening remarks, Maikyau lauded the Forum especially the outgone executives for laying a strong foundation for the new executives. He noted that the NBAWF has been of great support in attaining the general objectives of the NBA, and pledged his continuous support for the Forum. In his words, “the NBAWF is a pride to all and we will not relent in our efforts to support the Women Forum whenever our support is needed because this will also be in line with the objectives of the NBA”.

Maikyau stated that it was not enough to simply pass the baton of leadership but that the past executives must continually support the present administration.

The NBA President administered the oath of office on the Chairperson of the Women Forum, Chinyere Okorocha. The newly inaugurated Chairperson in turn carried out her first duty by administering the oaths of office on other executive members and council members.

In her handover report, Bamgbose congratulated the new executives for starting their tenure on a solid foundation and affirmed her support for the new leadership. She especially expressed confidence in the new chairperson, who was the vice-chairperson during her tenure and lauded her dedication and commitment to the objectives of the body.

Some of the landmark achievements of the Forum during her tenure were the creation of nine committees for the Forum in 2020; the signing of a Memorandum of Understanding with the Women in Law Section of the New York State Bar in 2020; the signing of a research collaboration agreement with the Institute of African Women in Law in 2021; initiating a Sexual Harassment Policy which was adopted by the NBA in October 2022; organising of trainings and workshops on issues affecting female lawyers in Nigeria and yearly commemoration of the International Women’s Day. She thanked the past presidents of the NBA, Paul Usoro, SAN and Olumide Akpata for their support for the Forum in the past years.

Okorocha thanked her predecessor who she noted had left a big shoe for her to fill, as well as members of the Bar for their support. She expressed her unwavering resolve to honour the trust and confidence placed in her, and vowed that she would always act in the best interest, integrity and well-being of the Forum.

The Chairperson stated that her administration is committed to a 5-Point Agenda which included strengthening the Forum; building capacity for female lawyers in Nigeria; achieving nationwide coverage and recognition for the Forum; promoting female lawyers in leadership, and promoting work-life balance for women in the legal industry in Nigeria.

She expressed her administration’s commitment to institutionalise transparency and build the capacity of the members of the Forum. NBAWF Secretary Irene Iniobong Pepple gave the closing remarks and vote of thanks.

The NBA Women Forum serves as a critical voice for female lawyers in Nigeria. It is a platform for addressing various professional, legal, policy and legislative issues impacting women. The various programs of the Forum focus on trainings, empowerment, and building networks through collaboration and partnerships with various bodies. The forum focuses on issues that are mainly of interest to female lawyers in Nigeria, encouraging gender balance, expanding networks and developing the careers of its members, as well as advancing critical change in the legal profession in Nigeria.

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United Nations’ International Elections Commissioner, Mrs. Charlotte Kesson-Smith Osei; Mr. Mike Igini, former INEC Resident Electoral Commissioner for Akwa Ibom State, and Commodore Kunle Olawunmi, a Public Affairs Analyst & Commentator are among the dignitaries that will deliver speeches at this year’s Gani Fawehinmi Annual Lecture slated for this weekend.

This year’s lecture will hold on Sunday, January 15, 2023 at the LAHL Bevent Centre of the Lagos Airport Hotel, Obafemi Awolowo way, Ikeja with the theme: “Free, Fair and Credible Election as Indispensable Tool for National Development.”

A statement by Patrick Agboola, Esq., Publicity Secretary, Nigerian Bar Association (NBA), Ikeja Branch, notes that the 19th edition of the Chief Gani Fawehinmi (SAN) Annual Lecture will be used to preserve the outstanding legacies of the late human and civil rights activist, Chief Gani Fawehinmi SAN and his contribution to the development of law, legal profession and human rights protection, as well as to ensure free, fair and credible elections in Nigeria.

Governor Babajide Sanwo-Olu of Lagos State and his Rivers State counterpart, His Excellency Governor Nyesom Wike are among the prominent Nigerians expected at the event.

Sanwo-Olu will be the Chief Host while NBA President, Mr. Yakubu Chonoko Maikyau, SAN will be the Host. The Chairman of the occasion is Professor Akin Oyebode, former Vice Chancellor of University of Ado-Ekiti.

The Special guests of the day are the Lagos State Chief Judge, Justice Kazeem Alogba and Rivers State Governor Nyesom Wike (Life Bencher).

The NBA statement noted that “The guest speaker is experienced in the conduct of elections in Africa and beyond and is better placed to share her wealth of experience with Nigeria.”

The Chairman of the Planning Committee, Dr. Muiz Banire (SAN) said that this year’s programme “promises to be memorable.”

The NBA will also use the occasion to engage rapporteurs who facilitate the transmission of the key points that will be raised during the lecture to the Independent National Electoral Commission (INEC).

Mrs. Charlotte Kesson-Smith Osei, the United Nations’ International Elections Commissioner; Mr. Mike Igini, a former Resident Electoral Commissioner, Akwa Ibom State, and Commodore Kunle Olawunmi, a Public Affairs Analyst & Commentator are among the dignitaries that will deliver speeches at this year’s Gani Fawehinmi Annual Lecture slated for this weekend.

This year’s lecture will hold on Sunday, January 15, 2023 at the LAHL Bevent Centre of the Lagos Airport Hotel, Obafemi Awolowo way, Ikeja with the theme: “Free, Fair and Credible Election as Indispensable Tool for National Development.”

A statement by Patrick Agboola, Esq., Publicity Secretary, Nigerian Bar Association (NBA), Ikeja Branch, notes that the 19th edition of the Chief Gani Fawehinmi (SAN) Annual Lecture will be used to preserve the outstanding legacies of the late human and civil rights activist, Chief Gani Fawehinmi SAN and his contribution to the development of law, legal profession and human rights protection, as well as to ensure free, fair and credible elections in Nigeria.

Governor Babajide Sanwo-Olu of Lagos State and his Rivers State counterpart, His Excellency Governor Nyesom Wike are among the prominent Nigerians expected at the event.

Sanwo-Olu will be the Chief Host while NBA President, Mr. Yakubu Chonoko Maikyau, SAN will be the Host. The Chairman of the occasion is Professor Akin Oyebode, former Vice Chancellor of University of Ado-Ekiti.

The Special guests of the day are the Lagos State Chief Judge, Justice Kazeem Alogba and Rivers State Governor Nyesom Wike (Life Bencher).

The NBA statement noted that “The guest speaker is experienced in the conduct of elections in Africa and beyond and is better placed to share her wealth of experience with Nigeria.”

The Chairman of the Planning Committee, Dr. Muiz Banire (SAN) said that this year’s programme “promises to be memorable.”

The NBA will also use the occasion to engage rapporteurs who facilitate the transmission of the key points that will be raised during the lecture to the Independent National Electoral Commission (INEC).

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The new Executive Committee of the Nigerian Bar Association Women Forum (NBAWF) will be inaugurated on Monday, 16th January, 2023 at the Westwood Hotel, Ikoyi, Lagos. The new Executive Committee members will be taking over the mantle of leadership from the erstwhile executives.

Chinyere Okorocha, Partner and Head of the Health and Pharmaceuticals Sector at Tier-1 law firm, Jackson, Etti & Edu is the incoming Chairperson of the Forum. She will take over the mantle of leadership from leading legal scholar, Professor Oluyemisi Bamgbose, SAN.

Other members of the Executive Committee are Ifueko Alufohai, Vice Chairperson; Irene Iniobong Pepple, Secretary; Mercy Ijato-Agada, Treasurer and Theodora Kio-Lawson, Publicity Secretary.

The NBA Women Forum is an arm of the Nigerian Bar Association committed to empowering, inspiring and guiding female legal professionals in Nigeria. Since its inauguration in 2019, the NBAWF has served as a platform for advocacy for female lawyers.

The Forum fosters gender equality as it affects the promotion and appointment of female lawyers to well-deserved positions. The NBAWF has also been at the forefront of empowering female lawyers in Nigeria through mentoring and exposure to national and international workshops, thereby encouraging female lawyers to have a global outlook, perspective and reach.

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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 Lagos State Government has completed renovation of a wing of the Nigerian Law School hostel at the Lagos Campus of the school.

A source who is familiar with the project told CITY LAWYER that the handover ceremony was done on 5th January, 2023 between Lagos State Government officials, representatives of the Nigerian Law School as well as the contractor.

CITY LAWYER gathered that the extensive works included renovation of a wing in the building of 5 floors, renovation of 10 rooms on each floor totaling 50 rooms, replacement of water closets and showers, painting of corridors and external walls, electrical and special services, as well as mechanical services.

The contract was awarded by the Governor Babajide Sanwo-Olu-led Administration and implemented by the Ministry of Works and Infrastructure while the contractor was Messrs Motak Investments (Nig.) Limited.

It is recalled that Rivers State Governor Nyesom Wike recently built and handed over a state-of-the-art facility to the Council of Legal Education for the take-off of the Port Harcourt Campus of the Nigerian Law School.

Several other renovation projects have either been completed or are ongoing at the school, arising from an ambitious renovation programme launched by the Chairman of the Council of Legal Education, Chief Emeka Ngige SAN during his 60th birthday anniversary ceremony.

Following the launch of the initiative, several stakeholders have keyed into the chairman’s pet project and taken up sundry renovation works to shore up the decayed infrastructure at the 60-year-old school.

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In this article, Energy Lawyer HASSAN OLALEKAN SHERIF argues that the Nigerian Electricity Regulatory Commission (NERC) has recently been caught napping in the discharge of its regulatory roles, saying the commission seems to protect DISCOs more than consumers

BACKGROUND
The front page of The Punch Newspaper of Thursday, January 5, 2023, says it all. It screams with the banner headline “DisCos hike electricity tariff secretly, consumers kick”. As though this was not enough, the deck to this headline was not any nicer, it reads “Consumer accuse Discos of fleecing Nigerians, Operators, NERC Silent”. The 2nd Deck to the banner headline was even more revealing as it states that “Discos began new tariffs Jan 1, there are other arbitrary increments -ECAN”

To offer further perspective, the Business Day newspaper of January 05,2023 explains on Page 30 that the Mr. Emeka Ezeh, Head of Corporate Communications at the Enugu Electricity Distribution Company (EEDC) said on December 19, 2022, that the EEDC effected “minor tariff review which worked out to a jump of 13%” and that the “minor increase in “the rate of tariff approved by the NERC is for electricity distribution companies to meet up with the current economic realities in the power/electricity sector.”

While the dust from this revelation is still yet to settle, the NERC has remained mum, neither confirming the hike nor refuting the claims of a hike. The Minister of State for Power, Goddy Jedy-Agba, has also denied knowledge of the indiscriminate electricity tariff imposed by the NERC on consumers. One of the Discos, the Abuja Electricity Distribution Company (AEDC) in response to an enquiry on Twitter, has arrogated its increase in Tariff to be a result of a directive from the NERC.

Increasingly, the silence and dearth of information are deafening especially in such an important sector of the economy as this. All aspects of the Nigerian economy are tied, one way or the other, to the use of electricity/power and a hike in the price of tariffs would have a ripple effect in the hike of the prices of other commodities and services. And so, while the hide and seek continues between the regulator of the sector – the NERC, and the other industry players such as the DisCos and GenCos, It is certain from the litany of confirmations from consumers, that what used to obtain in terms of electricity tariff, no longer obtains at the moment. There has been a spike and consumers are at the receiving end of it all.

Quite sadly, with the worst inflation in the history of the country, the worst unemployment rate and the high rate of insecurity, there is no end in sight for these cries and woes in light of the harsh economic realities in the Country. If it was hard for Nigerians before the silent hike in electricity tariffs, it is now even harder for Nigerians. The only semblance of an affirmation in recognition of a duty to inform consumers before this seemingly unlawful hike in electricity tariff now appears to be a lone tweet from the AEDC in answer to a request from a consumer for confirmation of a hike in the price of electricity tariff. From the explanation the AEDC has offered on its official Twitter handle, the tariff hike was in compliance to the order of the NERC. The NERC on its part has however not announced the latest hike in tariff.

While this back-and-forth endures, it has become expedient to appraise our extant laws, to highlight the regulatory compliances, roles and functions of these relevant stakeholders in the Nigerian Electricity Supply Industry (NESI) with a view to awakening the consciousness of these stakeholders to their statutory and moral obligations, so that they can better appreciate the gargantuan obligation they have cut out for them, and whose interests really they serve and must protect.

THE NERC
The Electric Power Sector Reform Act, 2005 (“EPSRA”) is the enabling law establishing the Nigerian Electricity Regulatory Commission (“NERC” or the “Commission”). (see Section 31(1) of the EPSRA). The NERC is the regulator of the Nigerian Electricity Supply Industry (NESI). According to Section 32(1)(d) of the EPSRA, one of the Commission’s primary functions is to ensure that the prices charged by licensees are fair to customers and sufficient to allow the licensees to finance their activities and obtain reasonable earnings for efficient operations.

In accordance with the authority granted under Section 76 of the EPSRA, the Commission has established a methodology for determining electricity tariffs in the Nigerian Electricity Supply Industry (NESI) and subsequently issued a Tariff Order called the Multi-Year Tariff Order (MYTO) that sets out tariffs for the generation, transmission, and distribution of electricity in Nigeria,

Amongst a litany of other roles, Section 32 (1)(e) of the EPSRA specifically provides that it is the function of the NERC to ensure the safety, security, reliability, and quality of service in the production and delivery of electricity to consumers. In furtherance of its objects, the NERC shall also establish appropriate consumer rights and obligations regarding the provision and use of electric services; license and regulate persons engaged in the generation, transmission, system operation, distribution, and trading of electricity. See Section 32(2)(c)&(d) of EPSRA.

It is also interesting to note that the NERC shall also consult, from time to time, and to the extent the Commission considers appropriate, such persons or groups of persons who major are likely to be affected by the decisions or orders of the Commission including, but not limited to licensees, consumers, potential investors, and other interested parties (See Section 32(3) of EPSRA. The begging question remains, to what extent has the NERC lived up to its roles and functions? As the Nigerian consumer would confirm, much is to be desired.

THE MUTI YEAR TARIFF ORDER:
The Multi-Year Tariff Order (MYTO) is an incentive-based tariff model that is used in the NESI to set wholesale and retail electricity prices by using a unified method to determine total industry revenue requirements that are tied to measurable performance improvements and standards. The MYTO’s goal is to establish cost-reflective tariffs that will allow the power sector to be properly funded and functional. It establishes a 15-year tariff path for the NESI, with minor reviews occurring each year in response to changes in a limited number of variables (such as inflation, interest rates, exchange rates, and generation capacity) and major reviews occurring every five years, when all inputs are reviewed with stakeholders.

THE NERC AND ITS MANY FAILURES OF DUE PROCESS
Section 76(1)(a) & (b) of the EPSRA has listed generation, trading, transmission, distribution and system operation as activities that are subject to tariff regulation in order to prevent abuse of market powers.

Prior to approving a tariff methodology, the NERC has an obligation to give notice in the official Gazette, and in one or more newspapers with wide circulation, of the proposed establishment of a tariff methodology, indicating the period within which objections or representations in connection with the same may be made to the Commission (See Section 76(6) of the EPSRA). The NERC must also fix the date on which the tariff methodology shall come into operation and it shall cause notice to be given in the official Gazette of that date. (See Section 76(😎 of the EPSRA).

If it appears to the NERC that a tariff methodology should be changed, the Commission must give notice in the official Gazette, and in one or more newspapers with wide circulation, of the proposal to change the methodology, indicating the period within which representations in connection with the proposal may be made. (See Section 76(9) of the EPSRA). After taking into account any objections or representations received in response to a notice issued, the NERC may confirm the proposed changes to the tariff methodology (See Section 76(10) of the EPSRA).

For the present review of tariffs, the NERC has neither given Notice of a proposed change in the official Gazette nor in any national newspaper or its website of a change in tariff methodology. The NERC has also not received comments from the public nor reviewed the same or even convened a stakeholder consultation with the public.

REGULATION ON THE PROCEDURE FOR ELECTRICITY TARIFF REVIEWS IN THE NIGERIAN ELECTRICITY SUPPLY INDUSTRY: A MEANS TO AN END OR AN END IN ITSELF?
In the exercise of the Powers to make Regulations conferred by Section 76 and 96 of the EPSRA, the NERC has also enacted a regulation governing the review of electricity tariff called: Regulation on the Procedure for electricity Tariff Reviews in the Nigerian Electricity Supply Industry (The Regulation). The Regulation substantially provides the procedures for major and minor reviews of tariffs and applications for extraordinary tariff review.

For major review, Clause 4 of the Regulation has mandated that a one-year notice of intention to commence a major review of the existing tariff shall be issued by the NERC to Licensees. The Notice shall request for submission of applications for the review of the tariff. The NERC shall thereafter, according to Clause 5 of the Regulation, review applications for the development of a Consultation Paper. The Consultation Paper shall be published on the official Website of the Commission, and request for comments from the public within twenty-one (21) days.

For Minor reviews, Clause 7 of the Regulation provides that existing tariffs shall be reviewed bi-annually subject to some of the following factors: the inflation rate, exchange rate, and average daily peak generation capacity for the previous six months period. The Commission is also supposed to issue a Notice three months prior to the end of the 6 months Minor Review period, in two national newspapers and on its official website, of its intention to commence the process for minor review of existing tariff. Comments from the public should be reviewed and a stakeholder consultation shall be convened with the public.

While the underlying objective of these clauses is for accountability from the Licensees and the Regulator to the Consumers who will bear the brunt of any major, minor or extraordinary review and whose input should therefore only fairly be sought and considered, the NERC has enforced its Regulation and the EPSRA more in breach than in compliance. A careful perusal of its website will show that the last time a public notice was uploaded on the NERC website was on the 25th of February 2020, when the “Public Notice of Applications for Tariff Review and Request for Intervenors to participate in Tariff Hearings” was uploaded in respect of the review of the MYTO-2015.

The MYTO-2015 Tariff Order for the NESI was also reviewed vide an Extra Ordinary Tariff Review procedure in the year 2020. The Consultation Paper on this review was uploaded on the NERC website on the 25th of February 2020. This can only be interpreted to be in breach of the NERC regulation which provides that a major review shall be every 5 years and in accordance with laid down procedures. The NERC, has however reviewed the MYTO-2015 in 2020 under the Extraordinary Review procedure which is reserved for extreme urgency where the parameters in the NESI have changed from those used in the operating tariffs such that a review is necessary to maintain industry viability (See Clause 9 of the Regulation). The Extra Ordinary review mechanism is more flexible as its usage is limited to cases of extreme urgency and cannot be an escape route for a review that ought to have been a major or minor one. Moreso, applications for extraordinary review must be preceded by a formal request from the Licensees. In the present hike, the licensees are yet to confirm that there was any formal request to the NERC and thus from the facts available, there appears to be no compliance in this regard, assuming the right review procedure were extraordinary in nature.

IS THE NERC’S RESPONSIBILITY LIMITED ONLY TO LICENSEES?
It now appears that the NERC has, under the cloak of a minor review, unilaterally hiked the prices of electricity tariffs so much so that since 2015 when all inputs are reviewed with stakeholders, there has not been an input from the most important industry stakeholders -the consumers.

Section 32 of the EPSRA has highlighted that the principal responsibility of the NERC is to protect the interest of Consumers. The NERC has a duty to maximize access to electricity services, by promoting and facilitating consumer connections to distribution systems in both rural and urban areas. It is also the duty of the NERC to ensure that an adequate supply of electricity is available to consumers; and also, to ensure that the prices charged by licensees are fair to consumers. In the same vein, the NERC is saddled with the duty of ensuring the safety, security, reliability, and quality of service in the production and delivery of electricity to consumers; and ensuring that its regulation is fair and balanced for licensees, consumers, investors, and other stakeholders.

Against these principal responsibilities of the NERC to consumers, there have been serial blackouts, the perennial collapse of the national grid and poor feedback from consumers on the services from the Industry Operators. The general consensus seems to be that morally, the instant unjust hike by the NERC is a malapropism for injustice.

Legally, reviews of electricity tariffs are not automatic. This is usually preceded by the licensees applying for a review of their tariff rates. The request for rate review is ideally to be premised on the need to incorporate changes in economic parameters and other factors affecting the operational efficiency of the licensees. In line with section 47(1) of EPSRA and Regulation 8(b) of the “Regulations on Procedure for Electricity Tariff Reviews in the Nigerian Electricity Supply Industry”, the NERC then invites the general public to submit comments on the review of the proposed rate submitted to the Commission by the licensees.

In submitting comments, interested stakeholders are to review and take into consideration the Performance Improvement Plans (PIPs) submitted to the Commission by the respective licensees. The NERC shall thereafter take into consideration responses to this document and other submissions that may be provided at the wider Public Hearing prior to a final decision on the applications by the Commission

Suffice to say that in recent times, the NERC has been found short of carrying out its functions. The DisCos now arrogate price hikes, ipso facto, to the order of the NERC. The NERC seems to think its major statutory responsibility is to its licensees and not consumers, who are always at the receiving end. For what better way is there to explain that in all its reviews since 2015, the NERC has failed to comply with its own enabling law and Regulation? It has serially failed to issue public notice or publish same in the gazette, or in a national newspaper. It has also failed to conduct public hearings before the approvals of tariffs and more importantly the NERC has failed to factor in the cries and woes of the consumers in its reviews.

It cannot be overstated that what is worth doing at all, is worth doing well. The NERC, now more than ever, must wake up to its roles and functions. The consumers also have a moral obligation to hold the Industry Operators accountable. We all must play our roles diligently. It cannot be business as usual. A stitch in time, saves nine.

Sherif is an Abuja based Energy sector lawyer. He can be reached at +2348132548364 or via email at hassanolalekansherif@gmail.com. The views expressed in the article are those of the author.

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The General Council of the Bar was yesterday inaugurated by its President and Attorney-General and Minister of Justice, Mr. Abubakar Malami SAN.

Nigerian Bar Association (NBA) Representatives at the council were elected at the last NBA General Elections.

Below is the full text of a speech delivered at the ceremony by NBA President, Mr. Yakubu Maikyau SAN.

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The burial of Lagos lawyer Bolanle Raheem has been stalled due to the demand by the Nigerian Bar Association (NBA) for the autopsy report by the medical team.

While the Wake Keep was earlier scheduled to hold at 4 pm today at The Redeemed Christian Church of God (RCCG), Olive Tree Parish, Ikoyi, Burial Service was slated to hold tomorrow at 10 am at the same venue.

But CITY LAWYER gathered from multiple and unimpeachable sources that the plans have been put off due to NBA’s insistence that it must review the autopsy report. It was also gathered that the lawyers’ association is demanding a copy of the ballistic report from the police high command. The autopsy report is expected latest tomorrow.

A ranking NBA source told CITY LAWYER yesterday that “the demand is to avoid a repeat of the Gafaru Buraimoh case where the body may have to be exhumed for an autopsy. We have the mandate of the family to represent their interest in this matter. We have to be satisfied with the autopsy report and its ability to support a water-tight case. We cannot afford to be taken unawares.”

The NBA had in a press statement noted that “The NBA was represented at the post mortem examination carried out on our late member, Mrs. Omobolanle Raheem at the Lagos State University Teaching Hospital on 30/12/2022. A preliminary report of the exercise is expected today, 31/12/2022. The NBA hopes that the report shall further aid the process of prosecution.”

But a source who was at the Lagos State University Teaching Hospital (LASUTH) during the autopsy session told CITY LAWYER that NBA’s team was not allowed to witness the autopsy procedure on the ground that they were not pathologists.

“We made very strident efforts to convince the medical team that we needed to witness the process but they flatly refused,” said the senior lawyer. “Even the family members were not allowed to witness the procedure. The husband of the deceased was merely invited to identify the corpse; nothing more. The pathologists argued that since the family did not appoint a pathologist, they could not witness the procedure.”

Sources told CITY LAWYER that the NBA does not want to be foisted with a fait accompli, moreso as the deceased is yet to be buried.

CITY LAWYER gathered that the postponement is also expected to offer a window for NBA to participate actively in the funeral rites of the deceased.

Meanwhile, NBA President Yakubu Maikyau SAN has visited the family of the deceased to commiserate with them. Leading a team of NBA National Officers among others, Maikyau also visited the Assistant Inspector General of Police in-charge of Zone 2 Command, Onikan, Bode Adeyinka Adeleke; Lagos State Commissioner of Police Abiodun Alabi, and Lagos State Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo SAN to emphasize the need for speedy prosecution of the matter and for the police to stem extra-judicial killings.

Press statements made available to CITY LAWYER by NBA spokesman Habeeb Lawal stated that the officials assured Maikyau that they would leave no stone unturned in prosecuting the matter and overhauling the policing system.

It is recalled that Bolanle was allegedly shot and killed by ASP Drambi Vandi on Christmas Day while returning from church service and Christmas outing with her family. The officer has been charged with murder and remanded at Ikoyi Correctional Centre.

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• MAIKYAU WAS ACCUSER, PERSECUTOR, PROSECUTOR, JUDGE
• ‘NBA NOW HAS A PLACE IN HALL OF INFAMY’
• ‘I WAS DENIED FAIR HEARING’
• ‘NBA LEADERSHIP NOW CLEAR AND PRESENT DANGER’

The Nigerian Bar Association (NBA) has suspended its former General Secretary, Mr. Nimi Walson-Jack as a member of the NBA National Executive Council (NBA-NEC).

CITY LAWYER recalls that the NBA-NEC had resolved during its last quarterly meeting in Abuja “that a past General Secretary, Mr. Nimi Walson-Jack, who acted as a Solicitor to the promoters of the new Law Society be stripped of his privileges as past General Secretary and consequently, be suspended from being a member of the National Executive Council (NEC) of the Association.”

Reacting to the suspension, Walson-Jack said it violated the NBA Constitution and also breached his right to fair hearing.

In a statement obtained by CITY LAWYER, the former NBA scribe said that “Both the process and substance of arriving at the resolution to sanction me have shown the NBA as being anti-Rule of Law and earned our previously esteemed Association a place in the hall of infamy of dictators and anti-Rule of Law elements who abound in mushroom organizations across Nigeria and the World.”

Listing what he described as “Litany of violations,” the former NBA General Secretary said: “The leadership of the NBA, by its resolution, breached the Constitution of the NBA, my fundamental right to a fair hearing, and the right of my Clients to Counsel of their choice. The President of the NBA was the accuser, persecutor, prosecutor, and Judge in his cause.”

He stated that the NBA-NEC “has no power to suspend, expel or remove a statutory member like me unless the Constitution is amended, an exclusive preserve of the Annual General Meeting,” adding that “The leadership of the NBA, by its resolution, breached the Constitution of the NBA, my fundamental right to a fair hearing, and the right of my Clients to Counsel of their choice. The President of the NBA was the accuser, persecutor, prosecutor, and Judge in his cause.”

Alleging that “the leadership of the Bar led by and including Senior Advocates of Nigeria was blinded by dislike or hate of my person” in the resolution to suspend him, Walson-Jack urged that international lawyers’ organizations, members of the legal profession in Nigeria and abroad, the Nigerian judiciary, the media and Nigerians “must begin to question the commitment of the leadership of the Nigerian Bar Association to promote the Rule of Law.”

Below is the full text of the statement.

STATEMENT ON THE UNCONSTITUTIONALITY AND ILLEGALITY OF THE SUSPENSION OF HON. NIMI WALSON-JACK FROM THE NEC OF THE NIGERIAN BAR ASSOCIATION.

Introduction
The Nigerian Bar Association at the last meeting of its National Executive Council held on Thursday, 15 December 2022, in Abuja, Nigeria, deliberated on a crackdown on members of the Legal Profession who are advocating and championing the formation of a new Professional Association for Lawyers in Nigeria and resolved to take punitive measures against them.

In paragraph 2.1(e) of its Communique issued on 15th December 2022, and signed by Messrs. Yakubu Chonoko Maikyau, OON, SAN, and Daniel Ka-ayii Kip, its President, and Assistant General Secretary, respectively, the NBA stated “NEC particularly resolves that a past General Secretary, Mr. Nimi Walson-Jack, who acted as a Solicitor to the promoters of the new Law Society be stripped of his privileges as past General Secretary and consequently, be suspended from being a member of the National Executive Council (NEC) of the Association.” The communique is clear on the fact that the reason for punishment (if it could be called that) is for discharging a professional duty to provide legal services to members of society.

I am the Hon. Nimi Walson-Jack, a Barrister and Solicitor of the Supreme Court of Nigeria, and the person referred to in the communique. For nearly four decades, I have combined legal practice with stints in academia, public service, politics, and civil society promoting and defending the rights of people in Nigeria and around the world. From 2004 – 2006, I served as the General Secretary of the Nigerian Bar Association.

The resolution to punish me for representing the promoters of the new law society is a return to the dark ages of socialism and communism when Governments sanctioned and jailed Lawyers for representing persons whose activities were considered contrary to those of the political leadership. This infamous resolution would win a gold medal in the coven of dictators, not in the assembly of Lawyers in defense of Democracy and the Rule of Law. It is an affront to the right of Lawyers to represent the diverse interests of their law-abiding clients.

Litany of Violations
The leadership of the NBA, by its resolution, breached the Constitution of the NBA, my fundamental right to a fair hearing, and the right of my Clients to Counsel of their choice. The President of the NBA was the accuser, persecutor, prosecutor, and Judge in his cause.

It is interesting to note that a weighty issue like the suspension of a past General Secretary from the decision-making body of the Association, was not listed on the Agenda for the Meeting, which was circulated in the morning of the meeting. I was neither informed of any complaint against me by any person, Lawyer, or non-lawyer nor asked to respond to any complaint or allegation bothering on my representation, as a Solicitor, of the interests of my clients, the promoters of a new Law Society who are citizens of Nigeria and distinguished Lawyers.

In the haste to condemn, the leadership of our Bar Association acted without observance of the basic procedure of listening to the other party. The President and the NEC did not invite me and did not hear from me before taking a decision that has tainted the image and reputation of the NBA. No opportunity was given to me to make a presentation before a penalty for a non-existent offence was imposed on me. For the avoidance of doubt, there is no provision in the Constitution of the NBA that prohibits a Lawyer and member of the Association from supporting, advocating, defending, promoting, or representing the promoters for the establishment of another Association of Lawyers in Nigeria. No offence was committed in my representation of the promoters of a new Law Society distinct from the NBA.

The Right of my clients to Counsel
The Right of every person to Counsel is a fundamental principle of the Rule of Law enshrined in global conventions, treaties, protocols, national legislation, and Rules of Professional Conduct. By Rule 24(1) of the Rules of Professional Conduct (RPC) 2007, a lawyer in Nigeria must accept any brief, provided that the appropriate professional costs are paid or agreed upon.

The Basic Principles on the Role of Lawyers adopted 07 September 1990, by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, recognize the need for adequate protection of the human rights and fundamental freedoms to which all persons are entitled, and requires that all persons have effective access to legal services provided by an independent legal profession. Access to lawyers and legal services is guaranteed. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them.

By the Basic Principles on the Role of Lawyers and the Rules of Professional Conduct for Lawyers in Nigeria, my duties toward my clients, the promoters of the Law Society in Nigeria, include:
a) advising them as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to their legal rights and obligations;
b) assisting my clients in every appropriate way, and taking legal action to protect their interests; and
c) assisting them before courts, tribunals, or administrative authorities, including the Corporate Affairs Commission, to whom I wrote a letter on behalf of my clients.

The NBA as a professional association of lawyers has a vital role to play in upholding professional standards and ethics, protecting its members from persecution and improper restrictions and infringements, and providing legal services to all in need of them, furthering the ends of justice and public interest. Ironically, it is the leadership of a professional Association of lawyers that have threatened and impaired the guarantees and safeguards secured for the functioning of lawyers. It is the Bar Association and not the Government that has improperly interfered with my ability to perform all of my professional functions.

Dangerous Implications of the NBA-NEC decision
My suspension from the National Executive Council of the Nigerian Bar Association is an act of intimidation, and harassment, which hinders my ability to continue to provide legal services to citizens who incidentally are also Lawyers. The deliberations and resolutions of the NEC are an improper interference, as my clients and I are threatened and liable to suffer prosecution or administrative, economic, or other sanctions for an action taken by recognized professional duties, standards, ethics, and the law.

The civil and penal immunity I have enjoyed for 39 years as a Barrister and Solicitor of the Supreme Court of Nigeria has been breached and violated by the leadership of the Nigerian Bar Association, which should be defending my professional services and appearances before Courts, Tribunals or other legal or administrative Authorities, like the Corporate Affairs Commission.

In our Country, to refuse or decline to represent the interest of a party could be considered sanctionable under the Rules of Professional Conduct. The NEC of the NBA has colluded with the leadership to punish me for representing persons whose activities are contrary to the interests of some persons in leadership positions.

Threat to the Rule of Law
Both the process and substance of arriving at the resolution to sanction me have shown the NBA as being anti-Rule of Law and earned our previously esteemed Association a place in the hall of infamy of dictators and anti-Rule of Law elements who abound in mushroom organizations across Nigeria and the World.

The resolution to punish me for representing the promoters of the new law society is a return to the dark ages of socialism and communism when Governments sanctioned and jailed Lawyers for representing persons whose activities were considered contrary to those of the political leadership. This infamous resolution would win a gold medal in the coven of dictators, not in the assembly of Lawyers in defense of Democracy and the Rule of Law. It is an affront to the right of Lawyers to represent the diverse interests of their law-abiding clients.

The moral of the decision to suspend me is not lost when it is noted that among the NEC members who took this ignominious resolution are Lawyers who have represented corrupt politicians, election riggers, money-launderers, drug traffickers, kidnappers, and confessed murderers. As a Lawyer, one cannot deride them for the interests many of them represent because they were only discharging their legal responsibility.

Unconstitutionality
In deciding to suspend me from the NEC, the leadership of the Bar led by and including Senior Advocates of Nigeria was blinded by dislike or hate of my person, that they overlooked the Constitutionality of my membership. Section 8 (1) (b) of the NBA Constitution 2015, provides for automatic membership of the NEC by past Presidents and General Secretaries. In the process of my suspension, the leadership or the NBA chose in one breath to ignore our Constitution and in another breath amend the Constitution. The NEC has no power to suspend, expel or remove a statutory member like me unless the Constitution is amended, an exclusive preserve of the Annual General Meeting. Overriding our Constitution shows how low the leadership of the Bar has gone and is ready to go in furtherance of parochial interests.

History repeating itself
My suspension from the NEC is the second unconstitutional and illegal action the leadership of the NBA has embarked on within five months. The first was the suspension of a serving General Secretary, Mrs. Joyce Oduah, by the Olumide Akpata-led administration, which illegality was also ratified by NEC. Both the suspension and its ratification were set aside by a Federal High Court in Abuja. In its ruling, Justice Ahmed Mohammed held that the action of the NBA’s National Executive Committee (NEC) constituted an affront to the rule of law and overreached court proceedings in the suit. The Court held that the NBA-NEC which gave legal effect to the General Secretary’s suspension acted in “bad faith and utter disregard for the proceedings of the court.” This is an indictment of Lawyers who ought to know the Law and work for the ends of justice.

It beats the imagination of every rational being, why the leadership body of an Association of Lawyers would brazenly embark on actions, that even a Court of law has recognized as an affront to the Rule of law, in bad faith and utter disregard for the proceedings of the Court. They continue to act contrary to known legal and professional principles.

CALL TO ACTION
If the leadership of the NBA is allowed to get away with the illegality of my suspension for the reason that I represented the promoters of a new Law Society, then the right of Nigerians to Lawyers of their choosing, and the duty of Lawyers to our clients would become endangered. It would be a triumph of the whims and caprices of individuals over the Rule of Law.

International Lawyers’ Organizations, members of the Legal Profession in Nigeria and abroad, the Nigerian Judiciary, the Media, and Nigerians must begin to question the commitment of the leadership of the Nigerian Bar Association to promote the Rule of Law. I commend the Nigerian Judiciary that has spotted the dark spot and acted timeously to checkmate the monster in its infancy.

Together, we must work conscientiously to put more nails in the coffin that would bury this insidious problem of violations of the basic tenets of the Rule of Law in our professional Organization. Unfortunately, the leadership of the NBA has deviated from promoting the Rule of Law. They have rather become a clear and present danger to the promotion of the Rule of Law.

A stitch in time saves nine.

Hon. Nimi Walson-Jack
Creek & Savannah Partners Law Firm
Abuja. Nigeria.

Monday, 02 January 2023.

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• REPLIES CITY LAWYER REPORT
• BLAMES SPIRITUAL ATTACK FOR SHOOTING
• VANDI TO ACCOUNT FOR 2 MISSING BULLETS

The Nigeria Police Force has debunked the allegation by a former Director in the Ministry of Justice, Mr. Richard Chenge that embattled officer Drambi Vandi had a posting in Niger State.

Vandi allegedly shot and killed Lagos lawyer Bolanle Raheem on Christmas Day while she was returning from church service and Christmas outing with her family.

Chenge had in an exclusive interview with CITY LAWYER alleged that the officer resembles an operative named Zara Vandi who in mid-1990s shot and killed at point-blank range a Nigeria Customs Service officer at a check-point along Minna road. He vowed that his effort to prosecute the case, COP V ZARA VANDI was frustrated by the police high command.

But speaking on a radio programme, Force Public Relations Officer (FPRO) Muyiwa Adejobi stated that Vandi never worked in Niger State.

Though he did not disclose Vandi’s full career trajectory, Adejobi said that “The guy has been a very good man. Forget about the story that he was one-time in Niger (State), he was this. He was never in Niger State Command. I debunked that one on a platform yesterday.”

He also alluded to the possibility of a spiritual attack which compelled Vandi to carry out the alleged shooting, saying: “Whatever that happens in the physical realm is controlled in the spiritual realm. That’s the spiritual aspect of it. The man was never drunk; it’s just a news.”

Adejobi stated that “We have done test. No sign of drunkenness, nothing. So what could have warranted him to cock his rifle and shoot directly at the woman?” He urged citizens to always “pray against it that, don’t let me misbehave today; don’t let me do this today; don’t let evil borrow me to do this today.”

He added that “If something wants to happen, we wouldn’t know the person they have sworn for, whether it is the woman, or the husband or the police; something is wrong somewhere, because it is not common for an ASP to fire. It has always been the rank and file!”

Saying that there is an indictment against Vandi, the police spokesman stated that “We know that Vandi was the one who pulled the trigger based on our preliminary investigation because they gave him twenty-something, I think twenty-three, ammunitions, AK-47 ammunitions; he could not account for two.”

Vandi was charged before a Yaba Chief Magistrate Court for killing Raheem and was remanded at Ikoyi Correctional Centre pending legal advice from the Department of Public Prosecution (DPP). The matter has been adjourned to January 30, 2023.

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CALL FOR APPLICATIONS: 2023 AWARD OF THE RANK OF SENIOR ADVOCATE OF NIGERIA

By the combined provisions of Section 5(2) of the Legal Practitioners Act, Cap L11 Laws of the Federation of Nigeria 2004 and Regulation 10 (1) (4) of the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria 2022 (“the Guidelines), the Legal Practitioners’ Privileges Committee (the LPPC” or “the Committee”) hereby makes a formal call for applications preparatory to the award of the rank for the year 2023 Commencing with this year’s exercise, applications shall only be made online and prospective applicants are directed to visit www.lppconline.com to make their applications.

DIRECTIVES TO PROSPECTIVE APPLICANTS ON SUBMISSION OF THEIR RESPECTIVE APPLICATIONS

2.1 The application portal, www.lppconline.com will be open to the general public at 12:00 am on January 1st, 2023.

2.2 An applicant must pay a non-refundable processing fee of One Million Naira (N1,000. 000.00) only to any of the following accounts held in the name of the “Legal Practitioners Privileges Committee (SAN)”:

Account Number:1014103141, at Zenith Bank PLC,

Account No. 0213662834 at GTBank PLC

2.3 Upon conclusion of payment, an applicant should upload a copy of the evidence of payment on the application portal. The appient will receive an email notification from the LPPC Secretariat confirming the applicant’s payment and clearing the applicant to proceed with the application process online

2.4 For any enquires/information, applicants should send All applicants (whether Advocates or Academica) an electronic mail to The Secretary, Legal Practitioners must upload clear and legible copies of all Privileges Committee via: mandatory or supporting documents that are required by the Guidelines for the purpose of their application on the application portal. Only clear copies of materials presented shall be considered/acceptable by the Secretariat in compliance with Regulation 9(2) of the Guidelines. In the case of Academic applicants who may wish to submit publications that are too voluminous to be conveniently scanned and uploaded, it shall be sufficient to scan and upload the title page of such publications, whilst submitting the hard copies along with the flashi drives referred to in clause 25 below.

2.5 After uploading copies of all mandatory or supporting documents online, applicants shall also submit five flash drives containing a copy of their completed application form (to be downloaded from the online portal) as well as copies of all the mandatory and supporting documents uploaded on the online platform to the LPPC Secretariat.

2.6 Any application together with supporting documents submitted in a manner contrary to the directives of the LPPC as enumerated above will be rejected by the Secretariat.

2.7 All applications together with their mandatory or supporting documents must be submitted online at www.lppconline.com before 12:00 noon on the 31st March, 2023 whilst the flash drives referred to in clause 25 above must be delivered to the LPPC Secretariat before 4:00pm on the 3rd April, 2023.

2.8 Any submission made after the deadlines stipulated in clause 2.7 above shall be treated as a non-submission.

Hajo Sarki Bello, Esq.

Chief Registrar of the Supreme Court/ Secretary Legal Practitioners Privileges Committee

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• BODY MAY BE EXHUMED FOR AUTOPSY

The Nigeria Police Force has finally identified the officer who allegedly shot and killed Late Gafaru Buraimoh in Ajah, Lagos State on December 6, 2022.

Responding to persistent enquiries from concerned citizens, Lagos State Police Command spokesperson, Benjamin Hundeyin named the officer as Inspector Imeh Johnson. He also released a photograph of the indicted officer.

His words: “The officer is Inspector Imeh Johnson and he is still under detention at the State Criminal Investigation Department. Case is being concluded. Updates will be made available.”

CITY LAWYER recalls that the Nigerian Bar Association (NBA) had last Saturday demanded that the Police should identify the officer involved in the fatal shooting.

Hundeyin added that “The orderly room proceedings (with recommendation) of Inspector Imeh Johnson have been forwarded to the Assistant Inspector-General of Police (AIG) Zone 2, Lagos for review and final decision.”

Meanwhile, there are strong indications that Buraimoh’s body may be exhumed for autopsy to aid prosecution of the case, even as the Police have indicated that Lagos State Attorney General and Commissioner for Justice, Mr. Moyosore Onigbanjo SAN will prosecute the case.

A reliable source who is familiar with the case told CITY LAWYER that Buraimoh was hurriedly buried on the insistence of the family according to Muslim rites, adding that the need for evidence to prosecute the killer cop has necessitated plans to exhume the corpse for autopsy.

CITY LAWYER recalls that Drambi Vandi, another officer from the same zonal command had barely three weeks later also shot dead Lagos lawyer Bolanle Raheem while she was returning from Christmas church service and outing with her family.

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• ASKS POLICE TO NAME KILLERS OF GAFARU
• AUTOPSY REPORT ON BOLANLE EXPECTED TODAY
• GETS FAMILIES’ CONSENT TO SUE FOR COMPENSATION

ASP Drambi Vandi, the alleged killer of Lagos lawyer Omobolanle Raheem, has been arraigned at a Yaba Magistrate Court and remanded in Ikoyi Correctional Centre.

CITY LAWYER recalls that Vandi allegedly shot and killed Raheem on Christmas Day while returning from Christmas church service and outing with her family.

CITY LAWYER had in an exclusive report quoted a former Director in the Ministry of Justice, Mr. Nevkaa Richard Chenge as linking Vandi to the killing of a Nigeria Customs Service officer at a check-point in the mid-1990s. The Nigeria Police Force is yet to comment on the allegation.

According to a CHANNELS TV report, the Lagos State Attorney-General, Moyosore Onigbanjo, SAN, today filed a one-count charge against Vandi for the murder of Raheem.

The charge reads: “That you ASP Drambi Vandi on the 25th day of December 2022, at Ajah Road, along the Lekki Expressway, Lagos, unlawfully killed one Omobolanle Raheem by shooting the deceased in the chest contrary to Section 223 of the Criminal Law of Lagos State 2015.

“With the charge, the Attorney General, who appeared before the Chief Magistrate Court, Yaba, applied for the remand of the defendant pursuant to Section 264 of the Administration of Criminal Justice Law of Lagos, 2015.

“He told Chief Magistrate, Miss Adeola Olatunbosun that the basis for the remand is to allow the police conclude its investigations into the matter.

“The magistrate granted the request to remand the defendant at the Ikoyi Correctional Centre and ordered that the case file be duplicated and sent to the Director of Public Prosecution, Dr. Jide Martins for legal advice.”

The court has adjourned the case to January 30, 2023 to await legal advice.

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A former Director in the Federal Ministry of Justice has told CITY LAWYER that he is almost certain that ASP Drambi Vandi who killed Lagos lawyer Omobolanle Raheem and her unborn twins on Christmas Day was the same officer who killed a Nigeria Customs officer at a checkpoint in Niger State in the mid-1990s. Vandi joined the Nigeria Police Force around 1989.

In this no-holds-barred interview with CITY LAWYER from his current base in the United States, Chenge who retired meritoriously from service seven years ago, said that some powerful forces in the Nigerian Police Force frustrated his effort to bring Vandi to justice.

TELL US A LITTLE ABOUT YOURSELF
My name is Nevkaa Richard Chenge. I worked as State Counsel in the Federal Ministry of Justice from 1993 to 2015 when I retired normally at age 60 as a full Director. From 1993 to 1997, I was posted as Assistant Legal Adviser to the (Nigeria) Customs headquarters in Abuja.

HOW DID YOU FEEL WHEN YOU HEARD ABOUT THE KILLING OF A LAWYER ON CHRISTMAS DAY BY A POLICE OFFICER?
I was very grieved when I learnt a police officer exhibited hooliganism to kill a lawyer in Lagos.

WHAT STRUCK YOU ABOUT THE NEWS REPORT?
What struck me first was the name Drambi VANDI. This is because in about 1995/96 I was detailed by the Legal Adviser Nigeria Customs Service to whom I was Deputy to proceed to Minna, Niger State to take up and prosecute a police officer in Minna by name Zara VANDI who at a Customs check-point in Niger State gunned down without any justification a Customs officer who was on duty at the check-point.

When I arrived in Minna the Customs Controller, Niger State detailed a vehicle that took me to the Police headquarters. The police commissioner sent the IPO who gave me the duplicate case file to study. He brought the suspect to me. His defence was that he thought the Customs men at the check-point were armed robbers. My plan was to obtain a fiat from the State AG to prosecute, since murder is a State offence.

After some time, the police became uncooperative. I could no longer see the IPO not to talk of the witnesses I intended to interview. I therefore asked the police to send the duplicate case file to the State AG while I watch brief for Customs. For a long time nothing happened till I left Customs for another Agency. I was frustrated in my purpose of prosecuting the suspect by the police.

TELL US THE CIRCUMSTANCES SURROUNDING THE SHOOTING
He was a constable at that time and he was in a vehicle coming to Minna. When they arrived at a Customs check-point, he simply got down and shot dead one of the customs officers on duty and calmly walked back and his vehicle drove off. He later claimed in his defence that he thought they were armed robbers. How could there be two different Vandis doing a similar thing. Someone is going to frustrate linking him to his former deeds.

ARE YOU AWARE THAT THE NAMES OF THE SUSPECTS ARE DIFFERENT?
Since the suspect who killed the lawyer is said to be 33 years in Police service, I strongly suspect he is the same person operating with a different first name.

Let us find out if he ever worked in Niger State in the mid-90s. If he did, he must be the one. You know police. They may not have ever sent the file to the State AG or they sent a deliberately watered-down file. In such a case, the AG will have no choice but to advise no prosecution, and that becomes their shield.

DOES THE SUSPECT HAVE ANY RESEMBLANCE WITH THE SUSPECT IN THE INSTANT CASE?
I saw the suspect in Minna. It is a very long time now but the suspect I saw on the net could be the same suspect, with the police aiding him to cover his tracks under a different first name. He must have escaped from the case in Minna by some crooked means, assisted by the police.

IN THE CIRCUMSTANCES, WHAT DO YOU RECOMMEND?
I am now a Pastor in the House of the Lord but I do not claim to be a prophet. But I can bet all of you that the suspect, if he is the same person, is going to put up the same defence that he thought the lawyer and his wife were armed robbers – similar facts evidence of a man doing the same thing again and again in a peculiar manner.

I therefore would recommend investigation at the Customs headquarters and Police headquarters in Minna what became of the case of Zara Vandi and whether at any time this so-called Drambi Vandi worked in Niger State in his career.

I now live in America with my wife and children and will not rest on my oars until justice is done.

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It has emerged that the trigger-happy policeman who shot deceased lawyer Bolanle Raheem on Christmas Day may have committed triple murders, as the husband of the deceased said that his wife was pregnant with twins when she was shot dead.

Narrating his ordeal during a visit by a delegation of Nigerian Bar Association (NBA), Ikeja Branch, Mr. Gbenga Raheem stated that the couple were expecting twins, as his wife was four months pregnant.

According to a report from the visit by Mr. Issa Adedokun, the Secretary of NBA Ikeja Branch, “During the visit, Mr. Gbenga Raheem, husband of the deceased narrated how his darling wife was shot by a police officer from Ajiwe police station, Ajah on their way back from a family Christmas outing. The most unpleasant part of the story is that our late colleague was four month pregnant with a set of twins.”

Below is the full text of the report.

UPDATE ON NBA IKEJA BRANCH VISIT TO THE FAMILY OF MRS. OMOBOLANLE RAHEEM AND COMMISSIONER OF POLICE OFFICE

Distinguished colleagues,

We write Further to our press release of yesterday which condemned the killing of our late colleague by a police officer. The Branch Executive Committee paid a condolence visit to the residence of late Mrs Omobolanle Raheem ably led by the Vice Chairman, Mrs. Amadigwe-Dike, the head of Human Rights Committee of the Branch.

During the visit, Mr. Gbenga Raheem, husband of the deceased narrated how his darling wife was shot by a police officer from Ajiwe police station, Ajah on their way back from a family Christmas outing. The most unpleasant part of the story is that our late colleague was four month pregnant with a set of twins. The committee also paid a visit to the Ajiwe police station on a fact finding mission and confirmed that the police officer in question has since been arrested and detained for further investigation.

Meanwhile, our able Chairman also led the delegation of some members of NBA to the Commissioner of Police on the directive of President of the Bar. While with the Commissioner of Police, he assured that the matter will be thoroughly investigated and any officer(s) found culpable in this dastard act will be brought to justice.

While we plead with our members to remain calm over this matter, be rest assured that the case will not be swept under the carpet, as our Branch is already collaborating with other Branches in Lagos State to ensure that our late colleague gets justice in this case. Be further assured that, we will keep you updated as prompt as possible on further development over the matter.

Issa Adedokun Esq
Secretary, NBA, Ikeja.

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LAGOS State Governor, Mr. Babajide Sanwo-Olu has assured the Nigerian Bar Association (NBA) that the killer cop who shot and killed Lagos lawyer Omobolanle Raheem would not escape justice.

In a telephone call to NBA Lagos Branch Chairman, Mr. Ikechukwu Uwanna, the Lagos State chief executive condoled the branch members on the killing.

In an earlier telephone conversation with Uwanna, the Lagos State Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo SAN made similar assurances, noting that he had requested the case file to enable the DPP issue advice for immediate prosecution.

CITY LAWYER recalls that Omobolanle was shot and killed on Christmas Day while returning from church service with her family.

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The Inspector General of Police, Usman Alkali Baba has ordered “speedy investigation and prosecution of the officers responsible for the ugly and unprofessional act, which doesn’t portray the Nigeria Police Standard Operating Procedure and core values.”

In a statement made available to CITY LAWYER by Force Public Relations Officer, CSP Olumuyiwa Adejobi, Baba also warned officers to desist from extra-judicial killings, warning that there is no hiding place for such officers in the police force.

The police chief commiserated with the family and colleagues of the deceased, and assured the general public “of justice in the case.”

Below is the full text of the statement.

Ref No. CZ.5300/FPRD/FHQ/ABJ/VOL.4/218

December 26, 2022

PRESS RELEASE

LAGOS SHOOTING INCIDENT: IGP CONDEMNS KILLING, ORDERS SPEEDY INVESTIGATION

• As IGP Assures Justice, People-Oriented Police

The Inspector-General of Police, IGP Usman Alkali Baba, psc(+), NPM, NEAPS, fdc, CFR, has condemned the shooting and killing of Mrs Omobolanle Raheem, a lawyer who was allegedly shot and killed by a Policeman attached to Ajiwe Police Station, Ajah, Lagos State.

The IGP, who described the incident as unfortunate and sad, has ordered speedy investigation and prosecution of the officers responsible for the ugly and unprofessional act, which doesn’t portray the Nigeria Police Standard Operating Procedure and core values.

In the same vein, the IGP commiserates with the family, friends, and colleagues of the deceased as he prays for the repose of her soul. He further assures the general public of justice in the case while he warns officers and men of the Force to be professional and people-oriented in the discharge of their duties and operate within the ambit of the law, as the Force’s leadership will not condone any inappropriate or unprofessional acts.

CSP OLUMUYIWA ADEJOBI, mnipr, mipra,
Force Public Relations Officer
Force Headquarters,
Abuja.

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The Nigerian Police Force has arrested the officer who allegedly shot and killed a Lagos based lawyer, Mrs. Omobolanle Raheem on Christmas Day.

CITY LAWYER recalls that Omobolanle was shot dead at Ajah in Lagos State while returning from a Christmas church service. An unimpeachable source told CITY LAWYER that Omobolanle’s husband was driving when police operatives pulled up the car. Her children and sister also witnessed the shooting.

Responding to a tweet by another Lagos lawyer, Mr. Kelechi Uzoka, the spokesman for the Lagos State Police Command, Mr. Benjamin Hundeyin tweeted early this morning: “Unfortunate and avoidable incident that was. The ASP that shot and two others with him have since been taken into custody. They are to be moved to the SCID for further investigation.”

Uzoka had queried the police command, saying: “Good evening @BenHundeyin, one of your officers attached to Ajiwe police Division Ajah, shot at point blank & murdered a lawyer colleague of mine today. This is one too many of similar incidents with @PoliceNG officer in Ajiwe. Now a family have lost a dear one on Christmas day.”

Reacting to Uzoka’s tweet, popular ENDSARS Leader Rinu Oduala said: “An officer from same police station kïlled this young man few days ago and his fellows shot at people protesting.

“Gafaru Buraimoh was shot dead by Police Officers attached to Ajiwe Police Station, Ajah in Lagos State on Wednesday , 7th of December, 2022.”

While members of NBA Lagos Branch and Eti Osa Lawyers Forum are set to storm the Ajiwe Police Station by 10 am today to protest the Christmas Day killing, many lawyers have decried the killing, urging the police high command to stem incidences of extra-judicial killing among its ranks.

Meanwhile, CITY LAWYER gathered that the family of the deceased lawyer have raised concerns on the integrity of the investigation process. One Yvonne who stated that the deceased was her “boss,” said: “Good afternoon Ma. compliments of the season.

“I am Barr. Yvonne a member of the NBA Lagos Branch, Sir I tried reaching out to you but I guess you are busy. My boss Barr Omobolanle Raheem was shot dead today, by a POLICE OFFICER on her way back from Xmas service at Ajah under bridge.

“Her family just called me now, that they need a lawyer to stand in for them before the police changes the narrative. They have taken the matter to Ajiwe Police Station. The police officer is from Ajiwe station. Her husband was the one driving, Barr. Omobolanle was seated in the front with her husband. The officer asked them to park and they needed the vehicle in front to move so they can park well, and immediately the police officer shot at a close range right into her chest. On seeing what happened , the remaining police officers on duty there absconded.

“After a while, some police men came and moved her body to the mortuary in Yaba, without obtaining any consent from her family members. Currently her family has located where they moved her body to. I am currently not in Lagos, I thought of bringing this to you for your assistance and guidance ma. Thank you.”

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Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN has reeled out a roadmap for lawyers in the run-up to the 2023 General Elections.

In a Christmas Message to NBA members made available to CITY LAWYER, Maikyau noted that “Our nation no doubt is passing through perilous times. The peace of the nation is greatly challenged.”

He urged lawyers to shun dishonesty and insincerity during the forthcoming elections, saying: “As we go into the New Year, 2023 and prepare for the forth coming general elections, let our conduct and participation in the exercise of our constitutional franchise in electing our leaders or representatives at all levels, be undergirded by honesty, sincerity, patriotism and the desire to build a nation that will be our pride.”

According to the NBA President, “The combination of our honest, purposeful, and sincere work as a people, with the discharge of our divine obligation to pray for our leaders for wisdom, courage and discernment, will no doubt lead us to the productive nation that we all desire to build.”

He declared: “Nigeria must succeed, Nigeria cannot fail under our watch, and I call on all Nigerians to brace up for the challenges ahead. Let us make the necessary sacrifices for the future of our nation.”

Below is the full text of the Christmas Message.

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Rivers State Governor Nyesom Wike has formally inaugurated a technology-driven Family Court at the High Court Complex in Port Harcourt.

The occasion also witnessed the unveiling of the “Family Court Rules, the Guide,” and a book titled “The Child, Ethics and the Law: A Simplified Law Guide for Children and Young Persons,” written by the wife of the Governor and Presiding Judge of the Family Court, Justice Eberechi Suzzette Nyesom-Wike.

Wike stated that now that Rivers State has joined the league of states with Family Court, he would fully support the court, even if its establishment is coming about 13 years after the State House of Assembly domesticated the Child’s Rights Act in 2009. The law makes provisions for establishment of the Family Court.

In her speech, Justice Nyesom-Wike explained that the essence of child-friendly justice is reformation, rehabilitation and reintegration. She stated that under the Family Court system, “the court is obliged to listen to children, consider their views and ensure their participation and protection in the process, whether as victims, witnesses or offenders.”

Justice Nyesom-Wike stated that the Family Court functions in Port Harcourt in four jurisdictions with two High Court judges and two Magistrates. According to the judge, the Family Court is expected, as the need arises and resources permit, to spread to all the local government areas of the state to ease access to justice.

In his address, the Chief Judge of Rivers State, Justice Simeon Amadi stated that the Rivers State Judiciary has equipped the Family Court to a befitting status. He observed that the State judiciary is set to commence effective Family Court proceedings at the High Court and Magistrate Court levels to tackle designated cases.

On his part, the Attorney General of Rivers State and Commissioner for Justice, Prof. Zacchaeus Adangor SAN lauded the establishment of the Family Court, adding that it is another feat in the administration of justice in Rivers State.

On the special technology that drives the court’s proceedings, Mr. Emeka Albert, the CEO of LexTech Ecosystems Limited, stated that the Family Court has an innovative e-filing system that is easy to use by lawyers and non-lawyers.

He listed its features to include e-filing for remote filing of cases, e-payment for online payment for filings, and e-assignment of cases by the designated judicial officer. Others are e-notifications, virtual hearing, and verbatim reporting among others.

Albert, the senior lawyer who developed the Family Court Case Management platform, unveiled the court’s web address as www.familycourt.rv.gov.ng.

Addressing journalists after the event, Albert identified the Rivers State Family Court as the first in Nigeria to use end-to-end automation to manage its procedings. He noted that the training of the court staff and stakeholders has commenced, adding that the plan is for the court to commence from day one in a paperless environment.

The leading technology expert and consultant stated that the Family Court is a major investment in child justice administration and urged other States to emulate the Rivers State example.

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Former Nigerian Bar Association President and criminal trial lawyer, MR. JOSEPH DAUDU SAN has declared that erstwhile Labour Party Director-General, Dr. Doyin Okupe is not an ex-convict, arguing that the embattled party chieftain has not been found guilty of fraud or corruption.

He (Chief Okupe) is not an ex-convict in any sense at all. What makes a person an ex-convict in the legal sense is if he is convicted for an offence in respect of dishonesty and or fraud and was sentenced to a term of imprisonment of not less than 6 months. Then he will be disqualified from holding public office, although I must concede that had he been convicted for corruption or fraud, his continued participation in the Peter Obi campaign machine would have cast a poor shadow on the objectives of the Obidient mission.

But his decision to resign was personal on his part from what I decipher from his resignation letter. As he said, their opponents would have used his travails to score cheap political points and in the process traduce the altruistic objectives of the movement.

Now returning to the nature of the conviction, it must be noted that he was discharged on counts 1-33, which relate to fraud and corruption, and had he been convicted for just one of the counts would have put a completely different complexion on the matter.

What he was convicted for are not issues bordering on fraud, defalcation or corruption. He was merely convicted for accepting cash and expending same, which cash could not be said to have originated from a financial institution. Whatever the threshold is, the Judge held rightly or wrongly that Mens Res (guilty intent) was not required as an ingredient of the offence, it being one of strict liability – meaning if I send my secretary to the market with N2, 000, 010: 00, just marginally above N2M which the law permits, and I cannot trace the provenance of the money to a financial institution, then he or she is most likely going to jail for just carrying out my instructions.

Assuming that the authorities are out to get me and are unable to but having pounced on my agent, was the intention of the law for him or her to be a criminal for merely carrying out legal and legitimate instructions from me? I do not think so.

Furthermore, the category of offences which spending cash above statutory thresholds belong are not felonies but mere regulatory financial misdemeanors. No one in the eyes of the law bags the label of an ex-convict for such conviction. It has the same effect as if such a person is convicted for a traffic offence, health condition breaches, failing to fill some forms at the air or seaport etc. They carry with it no stigma of a thief or ex-convict as some Nigerians have been wallowing in since news of the conviction broke.

Like I said, he resigned for the reasons stated above and not because he, Okupe was morally or legally impeded from continuing as Peter Obi’s chief campaign manager. Cynically on my part, I think he (Okupe) jumped off the Obi moribund bus or sinking ship on time – and fortuitously too – because as an experienced politician he must have known that the Project was doomed to failure for a variety of reasons not relevant here. That will DV be for another day.

Finally, it remains to condemn the public lynching of people who pass through the judicial branch’s crucible of due process. An appeal is presently pending against the said conviction, which in the real sense is stingless and certainly not evidence of corruption or fraudulent conduct.

The point I am making is that had the conviction been for murder or corruption or other vicious crime, is this how we would have engaged in the condemnation and lynching of the person involved. The Nigerian factor makes it impossible for the justice system to achieve the objective of penal punishment which in the main is reformatory and not retributive. That is why of recent ‘Prisons’ were renamed ‘correctional centres’ to remedy the stigma those who pass through such institutions are going through. They are meant to emerge from there as better citizens but not in Nigeria because having been classified as ‘elewon’ by the teaming population and of recent the social media Lynch mob, such a person is doomed forever. He cannot find work, cannot marry from a responsible family, cannot take a stroll or go shopping, cannot appear in public etc, which is why most of them before graduating from the correctional facility, knowing that there is no hope outside for them now take a lifetime membership in the criminal fraternity, thereby negating the intendment of the law.

In my humble view, it now makes no difference in Nigeria if you are merely convicted, fined and you avoid jail time for mere regulatory misdemeanors. You are foolishly branded an ex-convict and ostracized from mainstream society. I am sure Chief Okupe’s place on the High Tables at social events will now be severely circumscribed. No more parties for him, may be, until after his Appeal. That is not how it should be. Every Nigerian who has passed through the criminal justice system and has paid his dues must be reintegrated into the society and allowed to live a normal life including plying his former trade or the new one he learnt in ‘prison’. If not, the human rights of these persons are severely curtailed when the contrary happens.

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Respected Federal High Court judge, Justice Nnamdi Dimgba and some senior advocates were among the first jurists to pay tribute to Dr. Khrushchev Ekwueme, the deceased Partner at tier-1 law firm, Olaniwun Ajayi LP.

Justice Dimgba penned a fairly long post on the late senior lawyer, saying: “A star on earth left to rejoin the galaxy. This was not only my brother, but a deeply treasured friend. He was my biggest and strongest cheerleader. His frame could not habitate any sentiment or emotion that’s not pure – no space, no matter how tiny, for envy, bitterness, hatred or any such dark clouds; ever quick to forgive – like our Christ (yes, he was Christ’s follower). I watched as he rose, from ABSOLUTE NOTHING to what God has chosen us to be. When he was low, he carried it with grace and dignity (you could never tell from the outside the storms that brewed within); and when he was high as the Lord Himself chose to give, he carried himself with humility and with even greater grace. I never saw a human so complete like my brother and my friend Dr KUK Ekwueme. Our hearts are filled with the deepest sorrow, broken to pieces. Yet, we must not fail, and indeed do thank the Lord God for the gift of such a wonderful personage; the God whose name is mercy. We trust His mercy to come through at this very hour, because it is needed in abundance. Adieu my brother and my friend KUK, as you gaze down upon us from your place among the galaxy, and with that twinkle in your eyes. Our love for you will never wane. Adieu!”

Writing on Ekwueme’s demise, the Chairman of the 2022 Electoral Committee of the Nigerian Bar Association (ECNBA), Mr. Ayodele Akintunde SAN, wrote: “I am shocked. KUK was a brilliant mind. A sad loss. May God Almighty grant him eternal rest. My heartfelt condolences to his colleagues and family. R.I.P KUK.”

On his part, legal scholar and leading jurist, Professor Fabian Ajogwu, SAN wrote: “Deeply deeply saddening. A good man has gone, and way too soon and sudden. A refined gentleman, Dr KUK Ekwueme practised law with the fear of God. He did so in the finest traditions of the Bar. He was warm and respectful to all he came across.

“Our deepest condolences to his beloved family and to our colleagues at Olaniwun Ajayi LP. Ndo nu. May KUK’s gentle soul, through the mercy of God, rest in peace.”

Contributing to the flurry of tributes, prominent commercial lawyer, Mr. Uche Val Obi SAN wrote: “This is a loss of a dear brother and friend of over 3 decades. I’m still in shock. Words have failed me this time. KUK was a first class lawyer, urbane, witty, warm, humane, loyal and with a large heart. He was so full of positive aura and always with a charming smile that diffuses all manner of tensions. I just can’t imagine what the family should be going through at this point given the way we are feeling already. The world has certainly lost a very good man. May his gentle soul rest in perfect peace, Amen.”

On her part, former UAC Nigeria Plc Company Secretary/General Counsel, Ms. Nkem Agboti wrote: “I am really saddened by this. My condolences to you, Prof. Ajayi, and to the whole firm.”

While leading human rights activist and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu asked in disbelief, “Sorry, what happened to Kruschev????” Mr. Orji Agwu Uka wrote: “When I heard the news last night, I refused to believe it and hung on to the faint hope that it would turn out to be untrue. Dr Kru was a quintessential gentleman and an outstanding legal mind who touched many lives. His 2005 seminal work on Investment Law in Nigeria proved very vital to my LLM dissertation research. May his soul rest in peace, and may the good Lord grant you, the OAL family as well his family and friends, the fortitude to bear such a colossal loss.”

The Founding Partner at Olaniwun Ajayi, Prof. Konyin Ajayi SAN had broken the news of Ekwueme’s passing when he wrote cryptically on his verified LINKEDIn handle, “The law & humanity has lost a Supernova,” spotlighting the photograph of the deceased.

He followed this up with another post which read: “The untimely & shocking departure of Dr. KUK Ekwueme. A most distinguished international scholar, commanding advocate, brilliant Solicitor, highly regarded and well respected – just as he was respecting. A moving library, great orator wonderful friend. Good night.”

Khrushchev was a Partner in the Dispute Resolution Practice of the firm. A former student of The Hague Academy of International Law and Visiting Researcher at the Harvard Law School, Khrushchev specialized in International Economic Law, and International Dispute Resolution, International Commercial Arbitration, Public Interest Litigation and White Collar Crime Prosecution. He was fluent in German.

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The Federal High Court has berated the State Security Service (SSS) for its plot to use the court to arrest Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele.

The court also wondered why the secret police did not fully disclose the identity of the “Godwin Emefiele” that it plans to arrest, even as it also noted that the SSS application is riddled with procedural irregularities.

The Chief Judge of the Federal High Court, Justice John Tsoho noted that the requisite consent of Emefiele’s “boss” was not sought and obtained prior to the application, saying: “This is not the situation here, as Godwin Emefiele, the CBN Governor was shown on Television, even last night, having audience with the President of Nigeria. It therefore seems that the Applicant Intends to use the Court, as a cover for an irregular procedure, which is unacceptable.”

The jurist stated that the usual procedure had been for the secret service to seek detention or further detention of a suspect after arrest, adding that the SSS has not placed any evidence before the court to justify its quest to arrest the CBN Governor.

Below is the full text of the ruling:

“Upon perusal of the documents that constitute the Applicant’s Motion Ex Parte dated and filed on 7/12/2022, I am constrained to make the following vital observations:

“The entire affidavit depositions, especially as per paragraph 4 of the supporting affidavit, purport that preliminary investigation has revealed various acts of Terrorism Financing, fraudulent activities perpetrated by the Respondent and his Involvement in economic crimes of national security dimension. These are no doubt, grave allegations, but which the Applicant has not presented any concrete evidence to support. The Applicant should have taken the Court into confidence, while seeking the exercise of its discretion in favour of granting Its application. It is my respectful opinion that the ipse dixit of the Applicant standing on its own, is not sufficient evidence upon which to deprive a person of his liberty.

“The Respondent in this application is named as “Godwin Emefiele” without disclosure of his status or position anywhere; not even in the affidavit. It is left to speculation if the “Godwin Emefiele” is the same person as the serving Governor of the Central Bank of Nigeria. If it is, then he is unarguably a high ranking Public Official In Nigeria and indeed occupies a sensitive position as one of the key drivers of the Nation’s Economy. Therefore, an application of this kind should have evidence of the approval of the Respondent’s boss, that such measures are authorised to be taken. I however do not find such evidence in this instant application, whereas it is a necessary procedure in the observance of the Rule of Law.

“It is noted that it has been the practice of the Applicant to seek detention of a Respondent or further detention, for a definite period of time, when such Respondent is already arrested and is in their custody and that fact is clearly disclosed in the supporting affidavit. This is not the situation here, as Godwin Emefiele, the CBN Governor was shown on Television, even last night, having audience with the President of Nigeria. It therefore seems that the Applicant Intends to use the Court, as a cover for an irregular procedure, which is unacceptable.

“In the light of the foregoing reasons, I decline to grant this application Ex parte. If the Applicant believes that the evidence available to it so far is sufficient, then it can as well arrest and detain the Applicant, even without the Order of this Court. If however the Applicant desires to still pursue this application, then It should place the Respondent on Notice, considering the sensitive Public Office that he occupies.

“This application as presently constituted is refused.”

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A Lagos State High Court has awarded N10 million as general damages against Ms. Ladun Liadi, a blogger on GOOGLE blogging platform, for defaming Dr. Nicholas Okoye, the Chief Executive of ANABEL Group.

In a landmark case on Internet libel marked Suit No: LD/ 170/2012 and brought by Okoye against Ladun Liadi, GOOGLE Inc and GOOGLE Nigeria, Justice Adedayo Akintoye berated the blogger for a post which attracted adverse comments against the telecoms top-notch.

Said Justice Akintoye: “I find it most distasteful that a person can write an article which elicits such vile and derogatory comments against another human being and not take down the derogatory comments when they came to her attention, if indeed she did not intend her post to elicit the reactions from the public which followed her post.”

Continuing, the judge held that “I find therefore that the publication and transmission of the libel contained in pages 1-24 of Friday 6th April 2012 to Thursday 12th April 2012 material written, printed, published, transmitted on blogger service by the 1st Defendant LadunLiadi (sic) are defamatory to the claimant.”

The court held that “Damages in the sum of N10,000,000 (Ten Million Naira) for libel is awarded to the Claimant and is to be paid by the 1st Defendant Ladun Liadi to the Claimant Nicholas Okoye.”

The judge noted that the claimant’s prayer for removal of the libelous statements “has been overtaken by events as the offensive article has already been removed from the 1st Defendant’s blog.”

The court however granted “a perpetual injunction restraining the 1st Defendant Ladun Liadi either by herself, her servants, agents, and/or privies or otherwise from publishing and/or further publishing and/or causing to be published the same or similar words defamatory to the claimant in any medium and/or from whomsoever.”

Turning to legal costs for the claimant, the court also awarded the sum of N1 million “for legal representation inclusive of cost of action in favour of the claimant.” Okoye was represented by his Lead Counsel, Chief Emeka Okwuosa of Messrs The Chancery Associates.

Turning to the 2nd and 3rd defendants, the court held that GOOGLE Inc were mere Internet intermediaries who had put frameworks in place for bloggers to moderate comments on their blogs, saying: “I agree with learned counsel to the 2nd defendant that given this large volume of words and the speed with which they are posted it appears humanly impossible for the 2nd Defendant to implement any policies of procedures which would require human or manual screening of all contents uploaded by bloggers such as the 1st Defendant towards detecting and preventing publication of defamatory content. I agree therefore that the 2nd Defendant cannot be said to have known that the alleged publication was defamatory.”

The court also held that the 3rd Defendant, GOOGLE Nigeria, is a separate legal entity from the 2nd defendant, adding that “The 3rd Defendant has therefore not defamed the claimant in any way or breached the claimant (sic) privacy right in any way and I so hold.”

The claimant had through Okwuosa sought “A declaration that the publication and transmission of the libel contained in pages 1-24 of the materials posted and captioned “What happened to Anabel Mobile?” dated Friday, 6th April, 2012 to Thursday, 12th April, 2012 by the 1st, 2nd and 3rd Defendants vide the 1st Defendant’s blog, http://ladunliadi.blogpost.com are false, malicious, and defamatory to the claimant.”

The claimant also prayed for the sum of N250,000,000.00 (Two Hundred and Fifty Million Naira Only) damages against the 1st, 2nd and 3rd Defendants for publication and transmission of the libelous statements. Aside from another N250 million as exemplary damages, the claimant also sought N30 million as legal representation and cost of action.

The case is regarded as one of the first Internet libel cases to be decided in Nigeria where the court has held a blogger liable for libel committed via the GOOGLE platform, blogger.com. It is believed to have contributed to online defamation jurisprudence while setting a benchmark for protection of privacy rights and limits for freedom of expression and of the Press.

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The Chairman of the Nigerian Bar Association (NBA) Conference Incident Investigation Committee, Mr. Olawale Fapohunda SAN has disowned reports that the lawyers whose pictures have been trending are the “vandals” who ransacked and looted materials during the recent NBA Annual General Conference (AGC).

According to a post by one of the lawyers, Mr. Godwin Madubuegwu, Fapohunda informed him during a telephone call that the reports took the committee’s report out of context, saying that the committee merely wanted to hear from the lawyers towards unravelling the real culprits.

Below is the full text of the post.

Goodevening, learned Silks, seniors and colleagues. My name is G. C. Madubuegwu Esq. I was called to Bar in 2011 and I’m a member of Enugu Bar (ENBAR) and an active bar man.

Precisely, on 15th December, 2022, around 11 p.m, I was going through Facebook only for me to see a report on (name withheld) blog concerning the unfortunate incident of vandalization at the last NBA AGC in Lagos. Particularly, the report was saying that the Incident Investigation Committee of the NBA had unravelled the identities of those behind the said incident of vandalization. The author of the report then went ahead and posted some pictures and tagged the persons in the pictures the “vandals”.

I went through the said pictures; lo and behold, I saw a picture of me among the pictures supposedly released by the Committee. (i.e, the pic by the left in this post). I was perplexed at seeing my picture as one of the vandals! Instructively, the picture posted in the said report was self-explanatory as one could see in the picture that I was merely covering some happening with my phone when the CCTV camera picked my image.

As if that was not enough, I saw another online report this morning where my said picture and other pictures were posted and members of the public were asked to assist in identifying the persons in the pictures.

For the past two days, I have been overwhelmed with calls and messages from friends and acquaintances alike, expressing their shock at seeing my picture being linked with the said unfortunate incident at the last NBA AGC. Some of them advised that I should please lie low and not take any steps to expose myself lest I be made to face the LPDC, even when I explained to them that I had nothing to do with the said vandalization, they still insisted that I should tread cautiously and just lie low. My loving wife was also traumatized when I broached the news to her (By the way, I just got married a couple of weeks ago😃😃😃). I really appreciate the concern shown by all as well as their admonitions; whether these admonitions are wise or otherwise, is really not as important as the fact that they were borne out of genuine concern for me. I remain most grateful.

Being innocent of this unsavory and very distasteful association of my name and person with that very shameful incident at the last NBA AGC, with the much cherished help of Mr. Emeka Nwadioke, the President of City Lawyer Magazine, I took immediate steps to reach out to the chair of the Committee, in the person of the Honorable the Attorney-General of Ekiti State, Mr. Olawale Fapohunda (S.A.N) to establish my innocence.

To my surprise, the amiable learned Silk expressed surprise that anyone would say that the Committee said that the persons whose pictures were released were the vandals. He told me in clear terms that the Committee released the pictures so that the persons captured by the CCTV cameras could come forward and assist the Committee with the information they have about the unfortunate incident so as to assist in the investigations towards unraveling what really transpired.

He said that the reports in the media took the statement of the Committee out of context and that no one has been accused of any act of vandalism. In fact, the learned Silk said that in my own case, they saw that I was covering something with my phone, and that they picked me so as to know what I recorded, and if same would be helpful in ascertaining what really transpired. In the end, he told me that the Committee would invite us at the appropriate time to interact with us. With this, we ended our conversation.

Please, I am making this post to set the records straight. I never participated in any act of vandalism or even protest during the last NBA AGC in Lagos, without prejudice to the fact that it is within the civic right of aggrieved persons to protest within the confines of the law. I was only videoing the protesters with my phone when the CCTV camera picked my image and my said picture posted online clearly shows this fact.

I wish to thank the ever amiable Honorable the Attorney-General of Ekiti State, the Chair of the Incident Investigation Committee of the NBA for the opportunity given to me so far to state my own side of the story, even as I assured him that I would always make myself available whenever needed for further clarifications on the matter. May God bless him.

I thank my loving wife, Esther Chioma Emmanuel for her staunch support to me during this trying period. I also wish to thank my good friends and colleagues from different parts of the country who have been calling and sending messages to sympathize with me and as well offer their advice, may God bless them all. May God bless us, all.

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