POLICE WHISK AWAY LAWYERS, AS ELECTION PETITION DEADLINE APPROACHES

There are strong indications that police operatives attached to Hypercity Supermarket Police Station at Ogbunabali, Port Harcourt have whisked away a team of lawyers working to beat deadline in filing election petitions on the just concluded Governorship and State Assembly Elections in Rivers State.

In a “Distress Alert” obtained by CITY LAWYER, it was alleged that the operatives swooped on the lawyers while they were preparing to file election petitions on behalf of the All Progressives Congress (APC) and some of its candidates to challenge the outcome of the elections.

The Save Our Soul message posted by a ranking Senior Advocate of Nigeria who confirmed its veracity to CITY LAWYER reads: “DISTRESS ALERT: NIGERIA POLICE ARRESTS LAWYERS PREPARING ELECTION PETITIONS FOR ALL PROGRESSIVES CONGRESS CANDIDATES IN PORT HARCOURT

“Early this morning the 1/4/2023 in Port Harcourt, Rivers State, officers and men of the Nigeria Police Force unlawfully and illegally arrested lawyers and support staff of Tuduru Ede SAN &Co who were preparing Election Petitions for APC candidates who INEC claimed lost the elections of 18th March 2023 to the Rivers State House of Assembly.

“The arrests were made at Bayview Hotel along Tombia Road,GRA Phase 2, Port Harcourt.

“The lawyers owing to tight timelines to file petitions quartered in the hotel to meet filing periods of 21 days.

“They only had FORMs EC8As and related FORMs issued by INEC and committed no offences for accepting and working their briefs.

“Their clients who are APC and APC candidates have right of access to the Tribunal which the Police in collaboration with PDP are aggressively trying to obstruct by arresting and humiliating lawyers.

“The arrested lawyers include Aondo Jerry,Dr Nelson U.Sobere and Odum C. Eyiba.

“They are currently held at Hypercity Supermarket Police Station at Ogbunabali, Port Harcourt without access to them even upon several efforts of their principal Tuduru Ede SAN and other APC chieftains.

The Nigerian Police Force is yet to respond to the allegation at press time.

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HOW BENCHERS SPURNED NBA TO APPOINT AWOMOLO AS VICE CHAIR

It was a heated debate yesterday as the elite Body of Benchers threw out a formal nomination by the Nigerian Bar Association (NBA) to appoint foremost lawyer, Chief Adegboyega Awomolo SAN as its Vice Chairman.

CITY LAWYER had in an exclusive report noted that the NBA National Executive Council (NBA-NEC) had at its last quarterly meeting in Birnin-Kebbi shunned Awomolo and resolved to back respected senior lawyer, Mrs. Funke Adekoya SAN as its choice for the top post.

The position of Chairman and Vice Chairman of the Body of Benchers rotates between members of the Bar and Bench. Awomolo takes over from retired Supreme Court jurist, Justice Mary Odili who replaced foremost lawyer, Chief Wole Olanipekun SAN after a turbulent one-year reign as the Chairman of the august body.

Multiple sources told CITY LAWYER that though NBA President, Mr. Yakubu Maikyau SAN presented his letter stating the position of the NBA on the matter, this was flatly rejected by the benchers.

Aside from reeling out Awomolo’s contributions to the legal profession and especially in resuscitating the NBA after the 1992 Port Harcourt debacle, Olanipekun noted that the body has well settled procedure for appointing its leadership.

CITY LAWYER gathered that aside from a prominent human rights activist and at least two other Bar Leaders who spoke against the nomination, only former NBA Enugu Branch Chairman, Chief L. M. E. Ezeofor backed Maikyau in his spirited battle to push through the NBA-NEC resolution.

It was gathered that the benchers insisted that such positions are filled strictly on the basis of tradition and that only the most senior active member from the Bar would ascend to the post, adding that it was not in the place of the Bar to dictate how the body would choose its leadership.

While some members argued that NBA does not equate to the “Bar,” CITY LAWYER recalls that the immediate past NBA President, Mr. Olumide Akpata nominated Olanipekun for endorsement during a plenary meeting of the Body of Benchers.

A source argued that aside from the fact that Awomolo is not the most senior Life Bencher from the Bar, Late Chief Idowu Sofola SAN among others allegedly did not follow the seniority precedent prior to appointment to the leadership of the body. He argued that “Awomolo does not represent the Bar,” adding that “His antecedents are clear for all to see.”

CITY LAWYER gathered that as the debate on the issued lingered, and reminiscent of the “off the mic” debacle at the National Assembly hearing, a leading jurist was overhead during the hybrid meeting telling Olanipekun that “You must learn to exhibit dictatorial tendencies.”

Regarded as one of the foremost lawyers in Nigeria, Olanipekun has been engaged in a fierce and bruising face-off with the NBA leadership over a controversial letter by his partner, Ms. Adekunbi Ogunde bordering on alleged solicitation.

CITY LAWYER had in an exclusive report cited a complaint by former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN over an email from Ogunde, a Partner in Wole Olanipekun & Co, allegedly soliciting to take over a brief his law firm was handling for SAIPEM SPA. Following his demand for an apology, Wole Olanipekun & Co apologized for the debacle and disowned the Partner. NBA has since filed a petition against the embattled senior lawyer at the Legal Practitioners Disciplinary Committee (LPDC).

It was unclear at press time how the NBA will respond to the rejection of its nomination.

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SAN AWARDS: APPLICATION ENDS TODAY

Application for award of the coveted rank of Senior Advocate of Nigeria (SAN) for the 2023 award cycle ends today.

CITY LAWYER recalls that the Legal Practitioners Privileges Committee (LPPC) had early January announced commencement of the application process.

In a public notice signed by its Secretary and Chief Registrar of the Supreme Court of Nigeria, Hajo Sarki Bello, the committee noted that “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.”

There are strong indications that the committee may have extended the deadline for online submission from 12 noon to midnight of today, especially as indicated by the counter on its website.

Below is the full text of the notice.

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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NBA LAGOS DECIDES: MAJEMITE PICKS FORM FOR POST OF SECRETARY

Top Lagos lawyer, Mr. Emuobonuvie Majemite has joined the race for the post of Secretary of the Nigerian Bar Association (NBA), Lagos Branch.

The branch is regarded as the foremost of NBA branches, moreso as it has the largest number of voters in any NBA election cycle.

Reputed as one of the leading practitioners of his generation, CITY LAWYER gathered that Majemite picked up his nomination form for the position yesterday.

A Partner at the foremost law firm of PUNUKA Attorneys and Solicitors, Majemite is a 2022 Legal 500 “Recommended Lawyer in Dispute Resolution.”

He has served the “Premier Bar,” as NBA Lagos Branch is fondly called, in various capacities. He is currently the Alternate Chairman of the Membership and Data Management Committee.

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NBA WOMEN FORUM CONFAB OPENS WITH WELCOME COCKTAIL

It was a lively scene at the foyer of the Federal High Court in Abuja, as the cream of Nigeria’s female legal sorority – on both the Bar and the Bench – converged at that esteemed location on the evening of Wednesday the 29th of March, 2023 for a welcome cocktail to mark the beginning of the 3rd Annual General Conference of the Nigerian Bar Association Women Forum (NBAWF). As in previous editions, the NBAWF Conference is also a commemoration of this year’s International Women’s Day, which explored the theme, ‘TECH HER IN: INNOVATING FOR GENDER EQUITY’.

Welcoming participants and guests to the cocktail party, the Chairperson of the Conference Planning Committee, Dr. Foluke Dada was full of praise for her colleagues on the CPC for the commitment they demonstrated into making the Conference a reality. She expressed confidence that this year’s Conference would be a memorable experience for all attendees.

Other welcome remarks were also offered by the Chairperson of the NBAWF, Mrs. Chinyere Okorocha, as well as the Chief Judge of the Federal Capital Territory High Court, Hon. Justice Husseini Baba Yusuf (who was represented at the occasion by Hon. Justice C. N. Oji); the Chairperson of the Local Organizing Committee, Mrs. Adama Mohammed; the Vice-Chairperson of NBAWF, Mrs. Ifueko Alufohai and the Secretary of the Forum, Mrs. Irene Ini Pepple.

A poetry rendition by Ayomide Fasan also added spice to the cocktail party.

This was followed by a highly engaging Fireside Chat, with the Forum’s Chairperson, Mrs. Okorocha in the proverbial hot seat. It was moderated by Onyinye Ukaegbu, Head of the NBAWF Media and Publicity Committee.

In the wide-ranging discussion, Mrs. Okorocha fielded questions from a number of participants on an array of topics. In her response to the respective questions, Mrs. Okorocha combined humour and personal anecdotes with profound insight as she made the following points:

  • The goal of gender equity envisions a world of equal opportunities in accordance with the peculiar needs of each person, irrespective of their gender.
  • In building on the legacy bequeathed to it by the previous administration of the NBAWF led by Prof. Oluwayemisi Bamgbose, SAN, the current leadership is advancing the Forum’s mandate and sustaining its tempo by giving women the tools they need to succeed, and by inculcating in its members the notion of Law as a business (not just a practice). Accordingly, the NBAWF continues to facilitate training programmes in business and entrepreneurship for its members.
  • More than ever before, the Forum’s scope has extended to the subnational and local levels, thanks to the work of State Leads and others. In addition, the NBAWF has built up highly-impactful collaborations with international organizations in the pursuit of common and mutually beneficial goals.
  • Women – whatever their profession or station in life – are meant to collaborate (not compete) with one another in a world where such collaboration is absolutely essential.
  • The NBAWF needs willing partners in order to actualize its innovative, progressive and forward-looking agenda in a manner that continues to widen the circle of opportunities for female lawyers.
  • The Nigerian political environment, as in many other parts of the world, puts women at a severe disadvantage, and any woman desirous of playing an active role in that sphere must count the cost ( in terms of her family’s welfare and stability).
  • Achieving a healthy work-life balance in today’s world is no mean feat – not least for the woman with a family, as one aspect cannot but suffer for the other. However, a reasonably good work-life balance is possible with a supportive husband who shares your dreams and sees an ambitious woman such as yourself as a normality, rather than an aberration or – even worse – a threat. The same principle applies to a situation where the earning power is tilted in favour of the female spouse in a marriage.

Among those who engaged with the Forum chairperson with their questions and observations were the Kaduna State Lead of the NBAWF, Dr. Hadiza Ali of the Ahmadu Bello University (ABU), Zaria; Dr. Foluke Dada; Mrs. Ndidi Val-Ekuma; and Ms. Ifeoma Ben of the Sponsorship Committee.

The vote of thanks was given by Mrs. Adama Mohammed of the LOC, as the event drew to a close in a convivial atmosphere spiced by rich wining and dining, good music and networking.

It was a fitting prelude to yesterday’s official commencement of the 2023 NBAWF Annual General Conference.

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TINUBU: INEC HIRES EX NBA PRESIDENT, 9 SENIOR ADVOCATES TO DEFEND ELECTION

The Independent National Electoral Commission (INEC) has appointed no less than nine Senior Advocates of Nigeria to defend its conduct of the 2023 presidential election, CITY LAWYER can authoritatively report.

The team is to be led by former Nigerian Bar Association (NBA) President, Mr. Abubakar Balarabe Mahmoud (SAN). Other members of the team are Stephen Adehi (SAN), Oluwakemi Pinheiro (SAN), Miannaya Essien (SAN) and Abdullahi Aliyu (SAN).

CITY LAWYER gathered from a member of the legal team that four Senior Advocates of Nigeria who are staff of INEC’s Legal Department are also members of the legal team alongside Messrs Garba Hassan and Musa Attah and Ms. Patricia Obi.

It is recalled that INEC had on March 1, 2023 declared Senator Bola Ahmed Tinubu, the presidential candidate of the All Progressives Congress (APC), as the winner of the February 25, 2023 presidential election.

INEC declared that Tinubu polled a total of 8,794,726 votes and also scored over 25 per cent of the votes cast in 30 states while Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP) polled 6,984,520 votes to place second. According to INEC, the candidate of the Labour Party (LP), Mr. Peter Obi came third in the election with a total of 6,101,533 votes while Rabiu Kwankwaso of the NNPP came fourth with 1,496,687 votes.

However, Atiku and Obi have challenged INEC’s declaration of Tinubu as the winner of the presidential election, filing petitions at the Presidential Elections Tribunal.

The election was criticized by many observers as having been fraught with some irregularities.

Obi in his petition claimed that Tinubu “was not duly elected by the majority of the lawful votes cast at the time of the election.”

The former Governor of Anambra State further stated there was rigging in 11 states, adding that he would demonstrate this in the declaration of results based on the uploaded results.

The petition reads: “The petitioners shall show that in the computation and declaration of the result of the election, based on the updated results, the votes recorded for the second respondent (Tinubu) did not comply with the legitimate process for the computation of the result and disfavoured the petitioners in the following states: Rivers, Lagos, Taraba, Benue, Adamawa, Imo, Bauchi, Borno, Kaduna, Plateau and other states of the federation.”

Obi and LP said INEC violated its own regulations when it announced the result despite the fact that at the time of the announcement, the totality of the polling unit results had yet to be fully scanned, uploaded and transmitted electronically as required by the Electoral Act.

Among other prayers, the petitioners urged the tribunal to “determine that, at the time of the presidential election held on February 25, 2023, the second and third respondents (Tinubu and Shettima) were not qualified to contest the election.

“That it be determined that all the votes recorded for the second respondent in the election are wasted votes, owing to the non-qualification of the second and third respondents.

“That it is determined that on the basis of the remaining votes (after discountenancing the votes credited to the second respondent) the first petitioner (Obi) scored a majority of the lawful votes cast at the election and had not less than 25 per cent of the votes cast in each of at least two-thirds of the states of the federation and the Federal Capital Territory, Abuja and satisfied the constitutional requirements to be declared the winner of the February 25, 2023, presidential election.

“That it be determined that the second respondent (Tinubu), having failed to score one-quarter of the votes cast at the presidential election in the Federal Capital Territory, Abuja, was not entitled to be declared and returned as the winner of the presidential election held on February 25, 2023.”

The petitioners are also asking the tribunal for an order cancelling the election and compelling INEC to conduct a fresh election in which Tinubu, Shettima and APC shall not participate.

But Tinubu’s camp insist that he won the election fairly.

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EXCLUSIVE: ADEKOYA ‘UPSTAGES’ AWOMOLO, AS OLANIPEKUN BOWS OUT AS BENCHERS’ CHAIR

Barring any unforeseen hitches, respected Bar Leader and former Nigerian Bar Association (NBA) First Vice President, Mrs. Funke Adekoya SAN will tomorrow be endorsed as the Vice Chairman of the elite Body of Benchers.

CITY LAWYER can authoritatively report that the NBA President, Mr. Yakubu Maikyau SAN has written to the Body of Benchers informing it of the nomination of Adekoya by NBA as its preferred candidate for the post of Vice Chairman. This is a fallout of the NBA National Executive Council (NEC) meeting held last week in Birnin-Kebbi, Kebbi State.

The quarterly meeting of the benchers which is scheduled to hold tomorrow at its headquarters in Abuja will also witness a change of baton between the outgoing Chairman of the body, Chief Wole Olanipekun SAN and current Vice Chairman, retired Justice Mary Ukaego Odili.

The nomination of Adekoya, a Life Bencher, may have put spanner in the works for a bloc within the body which is allegedly pushing the candidacy of prominent Bar Leader, Chief Adegboyega Awomolo SAN. Awomolo is reputed as the most active surviving Life Bencher.

CITY LAWYER gathered from an impeccable source that Olanipekun may have tacitly mooted Awomolo’s candidacy when he suggested during plenary that the post of Vice Chairman is traditionally reserved for the ‘oldest surviving Life Bencher.’

However, the former NBA President, who is widely regarded as the go-to lawyer in election petition matters, has been engaged in a fierce dog-fight with the NBA leadership over a controversial letter by his partner, Ms Adekunbi Ogunde bordering on alleged solicitation.

Sources who are familiar with the matter told CITY LAWYER that key stakeholders within the Bar felt that Awomolo had not sufficiently defended the interests of the Bar at the Body of Benchers to earn the confidence and support of the NBA leadership and members.

CITY LAWYER had in an exclusive report cited a complaint by former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN over an email from Ogunde, a Partner in Wole Olanipekun & Co, allegedly soliciting to take over a brief his law firm was handling for SAIPEM SPA. Following his demand for an apology, Wole Olanipekun & Co apologized for the debacle and disowned the Partner. NBA has since filed a petition against the embattled senior lawyer at the Legal Practitioners Disciplinary Committee (LPDC).

In the letter dated 27th March, 2023 and addressed to the Secretary of the Body of Benchers, Maikyau wrote: “I am delighted to inform you that the National Executive Council of the Nigerian Bar Association (NBA-NEC), at its meeting held on 23 March 2023, in Birnin Kebbi, Kebbi State, unanimously approved the nomination of Mrs Funke Adekoya, SAN (Life Bencher) as the NBA representative for the position of Vice Chairman of the Body of Benchers upon the exit of the current Chairman, Chief Wole Olanipekun, OFR, CFR, SAN. A copy of the NBA-NEC resolution is attached for your reference.

“The nomination is in recognition of her impeccable record, exemplary conduct, and contributions to the development of the legal profession in Nigeria. NBA-NEC acknowledged the invaluable role she has played as a quintessential Bar leader who is always committed to raising the standard of legal practice and uniting the Bar. A copy of her Curriculum Vitae is attached.

“Kindly bring this nomination to the attention of the Chairman and members of the Body.”

Titled “NOMINATION OF MRS FUNKE ADEKOYA, SAN (LIFE BENCHER) AS NBA REPRESENTATIVE FOR THE POSITION OF VICE CHAIRMAN OF THE BODY OF BENCHERS,” the letter was copied to all BoB members. It was gathered that former NBA President, Dr. Olisa Agbakoba SAN was also endorsed as a reserve candidate for the position, even as Maikyau was mandated by NBA-NEC to nominate any other Bar Leader in the event that the two candidates are unavailable or not endorsed by the benchers.

CITY LAWYER recalls that both the immediate past NBA President, Mr. Olumide Akpata and Maikyau had stridently demanded that Olanipekun “step aside” from the post, arguing that the conduct of his partner had brought odium to the legal profession.

But the body instead passed a vote of confidence on Olanipekun at its last quarterly meeting. At the meeting attended by three former chief justices of Nigeria including Justice Mahmud Mohammed, Justice Salisu Modibo Alfa Belgore, and Justice Walter Onnoghen, Awomolo commended Olanipekun as a highly successful lawyer on several fronts, urging the benchers to pass a confidence vote on him.

Meanwhile, a “send forth” dinner is being organized by the Body of Benchers in honour of Olanipekun. The event holds tomorrow evening at the body’s headquarters.

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‘INEC DOESN’T NEED FREE SERVICES,’ ACTIVIST WARNS NBA

Fiery activist and senior lawyer, Chief Malcolm Omirhobo has warned the Nigerian Bar Association (NBA) leadership to steer clear of its planned pro bono services to the Independent National Electoral Commission (INEC).

In a statement made available to CITY LAWYER and titled “NBA, INEC DO NOT NEED YOUR FREE LEGAL SERVICES,” Omirhobo wrote: “I wish to bring to the notice of Mr. Yakubu Maikyau, SAN, president of the Nigerian Bar Association that the Independent National Electoral Commission has budgeted over N3bn to defend the results of the February 25 presidential and national assembly election and the March 18 governorship and state assembly polls and consequently will not be needing free legal services from members of NBA .

“I therefore advise the NBA to get her priorities right by channeling her energy towards providing free legal services for indigent Nigerians who are victims of unlawful violence during 2023 elections, prosecute those involved in electoral mal practices and corruption and find ways to improve on our electoral laws.”

CITY LAWYER recalls that the Yakubu Maikyau SAN-led NBA recently called for application from lawyers interested in participating in the scheme.

In a statement titled “CALL FOR EXPRESSIONS OF INTEREST – NBA-INEC PRO BONO SERVICES,” NBA wrote: “In a meeting between the NBA President, Mr Yakubu Chonoko Maikyau OON, SAN and the INEC Chairman, Prof. Mahmood Yakubu held on Thursday 9 February 2023 to discuss the forthcoming 2023 general elections, the NBA President pledged the NBA’s support to INEC in the conduct of free, fair, credible, inclusive and verifiable elections emphasizing that we [the legal profession] owe Nigerians the duty of sincere participation in all election processes.

“In furtherance of our commitment to support INEC as indicated above, the NBA is setting up a team of lawyers to provide pro bono services to INEC for the handling of electoral matters including the prosecution of electoral offences arising from the 2023 general elections. We, therefore, call on interested members of the NBA to submit expressions of interest (EOI) for the provision of pro bono services to INEC under the NBA-INEC pro bono Services Scheme.”

Many lawyers have berated the NBA leadership for the controversial scheme, saying INEC has enough budgetary allocation to pay for legal services.

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NBAWF CONFAB: BUHARI’S AIDE TO DELIVER KEYNOTE ADDRESS

The Nigerian Bar Association Women Forum (NBAWF) has announced Jumoke Oduwole, Special Adviser to the President on the Ease of Doing Business in Nigeria, as the Keynote Speaker for its 3rd Annual General Conference and International Women’s Day event.

The event will take place on March 30 – 31, 2023, at Sapphire Hall, A Class Park & Event Center, Maitama, Abuja, Nigeria, and will feature a keynote address by Jumoke Oduwole, panel discussions, and other activities aimed at promoting gender equality and women’s empowerment.

The International Women’s Day celebration aims to celebrate the achievements of women while also highlighting the ongoing struggle for gender equity. This year, the focus is on the role of technology in advancing gender equity. The theme “Tech Her In – Innovating for Gender Equity” seeks to showcase the various ways in which technology can be used to address gender disparities, promote women’s rights, and empower women.

Jumoke Oduwole is a jurist, academic and policy advisor. Until her appointment as Special Adviser to the President in August 2019, Oduwole was Senior Special Assistant to the President on Industry, Trade & Investment (OVP) from November 2015 to May 2019 where she worked to form the Nigerian Office for Trade Negotiations (NOTN).

She also served on the Technical Working Group of the Presidential Committee for the Impact and Readiness Assessment of the African Continental Free Trade Agreement (AfCFTA) (Sub-Committee on Ease of Doing Business) and is currently represented on Nigeria’s AfCFTA Implementation National Action Committee (NAC).

Oduwole is the Executive Secretary to the Presidential Enabling Business Environment Council chaired by Vice President Yemi Osinbajo. She coordinates the activities of its secretariat where policies and business reformations that would make Nigeria a progressively easier place to do business are developed and implemented.

The event will also feature a fireside chat between Chinyere Okorocha, Chairperson, of the Nigerian Bar Association Women Forum and Shola Sholeye of Channels Television.

Other notable dignitaries at the event include Yakubu Chonoko Maikyau SAN, President of the Nigerian Bar Association and Barr. Chioma Uzodimma – First Lady, Imo State.

According to Dr. Foluke Dada, Chairperson, Central Planning Committee, the Annual General Conference and International Women’s Day event is one of the great things the forum has accomplished since its re-inauguration three years ago.

She said: “We are aligning with the United Nations in celebrating International Women’s Day. The theme for the IWD this year is centred around tech and innovation. We at the NBA Women’s Forum have decided to up the game in embracing technology and innovation as a means to promote our careers. This is what the NBAWomen Forum was formed for – encouraging female lawyers to achieve success.”

“The event will feature great speakers, experts and eminent personalities who will speak to tech and speak to equity. It is going to be an empowering session.

Speaking about the theme of the event, Chinyere Okorocha, Chairperson of the NBA Women Forum noted that “Nigeria is one of the countries that does not rank very highly in the equity radar and there is so much we can do with technology, in terms of leveraging it to achieve equity. If one looks at the statistics on gender equity in Nigeria, it is obvious that we are a long way from achieving equity. These are issues we need to tackle.”

Dr Foluke Dada is the Dean, College of Law, Caleb University and Emeritus 2nd Vice-chair, Nigerian Bar Association. Chinyere Okorocha is a Partner at Jackson, Etti and Edu and Head of the Health and Pharmaceutical Sector of the firm.

The NBA Women Forum is an arm of the Nigerian Bar Association that promotes the advancement of women in the legal profession and advocates for gender equality and women’s rights in Nigeria and beyond. NBA Women Forum is committed to creating a more inclusive legal profession and society that values and promotes the participation and leadership of women.

To register for the conference, visit www.nbawomenforum.org.ng.

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CTC: ADELEKE WINS, AS APPEAL COURT DUMPS TRIBUNAL’S JUDGMENT

The Court of Appeal sitting in Abuja recently set aside the decision of the Osun State Governorship Tribunal and upheld the election of Senator Ademola Adeleke as the governor of the state.

In a unanimous agreement by a three-man panel led by Justice Mohammed Shuaibu, the Court of Appeal quashed the tribunal’s judgement and affirmed Adeleke as the rightful winner of the Osun State Governorship Election.

The Appeal Court Panel annulled the tribunal’s order which directed the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Adeleke’s predecessor-in-office and All Progressives Congress (APC) candidate, Chief Adegboyega Oyetola.

The panel held that the Osun State Tribunal erred in law when it held that there was over-voting during the election, saying the claim only relied on the evidence by Oyetola and the APC and as such, doesn’t prove their case.

The judge faulted Oyetola and APC for relying only on the data from the back-end server and failing to look at the voters’ register which forms the foundation of the whole electoral process. It held that as such, the respondents could not sustain their allegation of over-voting.

On the issue of jurisdiction, the court resolved it in favour of Adeleke, stating that according to section 285(8) of the constitution as amended, the court has right to entertain the appeal.

The court also awarded the sum of N500, 000 against the All Progressive Congress and Oyetola.

CITY LAWYER recalls that the court had on March 13, 2023 reserved judgment in the appeal brought by Adeleke contesting the nullification of his election by the tribunal. The Independent National Electoral Commission (INEC) also filed an unprecedented 44-grounds appeal against the split 2:1 decision by the tribunal.

The tribunal had voided the July 16, 2022 election that produced Adeleke as the elected governor and ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to the immediate past Governor Gboyega Oyetola of the All Progressives Congress (APC) as the validly elected governor. The verdict sparked widespread protests especially in Osogbo, the Osun State capital. A member of the three-man panel also disagreed, delivering a dissenting judgment.

According to the poll results announced by INEC, Adeleke had polled 403,371 votes against Oyetola’s 375,027 votes. The Peoples Democratic Party (PDP) candidate was victorious in 17 of the 30 local government areas of the state while the remaining 13 local government areas went to Oyetola.

No sooner had the dust settled on the judgment than Adeleke headed to the Court of Appeal to challenge the verdict. His legal team led by the go-to election petition trial lawyer, Dr. Onyechi Ikpeazu SAN had on February 9, 2023 filed 31 grounds of appeal against the January 27, 2023 split decision of the tribunal.

INEC also sharply disagreed with the tribunal and filed 44 grounds of appeal against the judgment. In a Notice of Appeal signed by its Lead Counsel, Prof. Paul Ananaba SAN, the commission stated that the judgment of the tribunal was riddled with “error in law” and “want of competence and jurisdiction.”

INEC urged the Appeal Court to set aside the whole judgment of the tribunal, arguing that “The judgement of the lower Tribunal is against the weight of evidence.”

Below are the lead judgment in the appeal filed by Adeleke and the judgments in the appeals filed by PDP and INEC as well as the cross-appeal by Oyetola and APC.

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ANXIETY, AS LAWYERS BATTLE TO BEAT DEADLINE AMID BPF PORTAL HICCUPS

There is palpable anxiety among lawyers who are yet to pay their Bar Practising Fee (BPF) as the March 31 deadline for the payment is fast approaching.

Social media platforms monitored by CITY LAWYER early today showed that some lawyers are still experiencing challenges in accessing the BPF payment portal.

According to one of the affected lawyers who sent an SOS on a Nigerian Bar Association (NBA) branch platform today, “I still can’t pay my BPF fees. This is what I keep getting after imputing card details.

“The payment for branch dues and insurance went seamlessly though. It’s the BPF that is giving issues. I’d appreciate any help I can get.”

Another lawyer replied: “Same thing is happening to me for 1 week now.”

Yet another anxious lawyer wrote: “The website isn’t working for payment of BPF. What’s the alternative please? I’m receiving empty emails without the otp.”

Responding, Mr. Adebola Lema of NBA Lagos Branch wrote: “The NBA website for payment of Practising Fee is working perfectly too. Having any issue with payment? Please do not hesitate to reach out for assistance.”

He added: “Kindly scroll down and click change of payment mode. You will then see several options including transfer to bank.

“Choose the option most convenient for you and effect the payment. I recommend direct bank transfer and once you have done the transfer you can click on ‘I have made this bank transfer’.”

Aside from “Bank Transfer,” other available options on the portal include Card, Paypal, USSD, and Bank.

This seems to have worked for some lawyers, as one payer wrote: “This worked!!!!! Payment was successful and confirmed. Got my receipt as well. THANKS A WHOLE LOT.”

Another lawyer wrote: “I used the Bank transfer option and it was successful. Try the bank transfer option”

Yet another lawyer suggested a change of personal details to enable payment, saying: “I changed my email and it worked. Thank you.”

The NBA leadership recently issued an update on the hiccups being experienced by lawyers while trying to pay the Bar Practising Fee.

In a document made available to CITY LAWYER and signed by the NBA General Secretary, Mr. Adesina Adegbite, the lawyers’ body wrote: “On behalf of the President and the National Executive Committee of our dear Association, I express our unreserved apologies for the difficulties experienced by our colleagues in the last few days over payment of Bar Practicing Fee (BPF). This was due to a technical glitch in the payment platform.”

Titled “UPDATE ON NBA BAR PRACTICE FEE (BPF) PAYMENT PORTAL” and issued on March 24, 2023, the NBA had assured that the challenges with the payment portal had been resolved, saying: “I am pleased to inform you that the NBA BPF Portal is now up and running. Members are advised to quickly visit the portal and make payment of BPF as appropriate.

“Once again, we sincerely apologise for the earlier hitches.”

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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.

SOLICITOR URGENTLY NEEDED IN VICTORIA ISLAND, LAGOS LAW FIRM

THE FIRM
The Law Office is a full-service law firm based in Victoria Island, Lagos. The law firm is recruiting to enable it continue to provide cutting-edge clientele services.

THE POSITION
SOLICITOR

SELECTION CRITERIA
Ability to provide quality, skillful services to clients in a modern law firm that combines Corporate & Commercial Law with Litigation practice.

THE CANDIDATE
The candidate will especially straddle all aspects of Corporate & Commercial Law.

QUALIFICATIONS
Admitted to the Nigerian Bar, the candidate will possess good Bachelor of Laws and Bar Finals results. The candidate must have quality experience in Solicitor’s work, good team work and writing skills, and should be able to work with minimal supervision.

SALARY
The salary is competitive and in accordance with industry standards.

HOW TO APPLY
Interested candidates should email legaljobs77@gmail.com.

Please note that only shortlisted applicants will be contacted.

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

All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

SOLAR FOR ALL: CHIEF MRS. UBBY EKENG JOINS BENEFICIARIES

FEATURED

• COMPANY ANNOUNCES 5% DISCOUNT ON FULL PAYMENT FOR RAMADAN/EASTER

• In partnership with NBA Abuja, NBA Lagos, BOSAN Abuja, Otu Oka-Iwu Abuja, NBA Kano, NBA Gwagwalada, Medical Doctors at FMC Cooperative, FCT Pharmacies, and UNILAG College of Medicine Alumni among others.

To get an efficient Solar/Inverter system for 24 hours electricity supply and save at least half of your current power cost while you “Pay Small Small” for up to Six Months, call Solar For All Ltd: 08060266163.

Visit: (Abuja) Suite A8, Kenuj O2 Mall (Behind Games Village).

(Lagos) No 113A, Mainland Way, Dolphin Estate, Ikoyi.

Epileptic Electricity has continued to be an issue in the country and diesel/fuel gets more expensive. Solar has proven a great source of relieve of the years.

Solar For All Ltd was at the Karu Abuja office of Mrs. Ekeng, where we installed a Solar System that powers all the essentials in the office, ensures 24-hour power supply and a reduced power cost of about 50%.

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

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

*24 hours Power Supply for homes/offices

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

*No noise!

*No Pollution!

*Automatic change over!

*No fueling

*25 years warranty on the German Solar panels.

  • In case of any issue with the Inverter Machine, another Inverter is deployed before we take the one that needs attention for troubleshooting/repairs.

“To get an efficient Solar/Inverter system for 24hours Light, while you “Pay Small Small” for up to Six Months; Call Bricks and Castles Energy-Tech Ltd: 08050489622, 08060266163

Visit: (Abuja) Suit A8 Kenuj O2 Mall Kaura District Abuja (Behind Games Village).

(Lagos) No 113A, Mainland Way, Dolphin Estate, Ikoyi.

To view the price list, click here.

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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.

NBA LAGOS SCRIBE WEDS BEAU TODAY IN CALABAR

All roads today lead to the palatial residence of His Royal Majesty, Etinyin Dr. & Ekanyin Dr. Mrs. Asuquo Ekpenyong (OON, NPOM), the Clan Head of Bukong Clan in Eniong Abatim, Calabar, Cross River State as the Nigerian Bar Association (NBA), Lagos Branch Secretary Nta Ekpiken weds her heartthrob in a traditional marriage ceremony.

The lucky groom is a Nigerian-British computer engineer based in England. The lovebirds were recently joined legally via a private Registry ceremony in Ikoyi, Lagos.

Nta Ekpiken is an Intellectual Property expert with over 10 years of experience. Called to the Nigerian Bar in 2007, she holds a Master’s Degree from Swansea University, Wales, United Kingdom and is an alumna of the United States of America International Visitors Leadership Program (IVLP) on Protection of Intellectual Property Rights.

She is a Chartered Secretary with the Institute of Chartered Secretaries and Administrators (ICSA), United Kingdom, and has a certificate in CopyrightX from the Berkman Klein Center of Harvard Law School.

Nta started her career in the Legal Department of the Nigerian Maritime Administration and Safety Agency (NIMASA). Upon her return from her Master’s degree programme, she joined the law firm of Ken Ahia & Associates before joining the IP Department of Aluko and Oyebode in 2012 until January 2020. Nta headed the IP and Technology team of The New Practice (TNP), an Andersen Collaborating Firm, from March 2020 to January 2021.

She has a wealth of experience in the legal framework for the protection of intellectual property rights, brand protection, anti-counterfeiting, copyrights, image rights, licensing & franchising, technology transfer, and product registration. Nta has been involved with many campaigns/advocacy initiatives including a committee working on the review of the IP laws in Nigeria and the United States Consulate Anti-Counterfeiting Collaboration (ACC) against fake malaria drugs. She now focuses on building her boutique IP firm.

Nta is passionate about career development and gaining expertise in specific fields of law. She mentors a number of young lawyers. A fellow of the Nigerian Leadership Initiative (NLI), Nta enjoys travelling and volunteering in capacity building projects. She was elected Secretary of NBA Lagos Branch in July 2021 for a tenure spanning two years. The branch is the largest branch of lawyers in Nigeria.

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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.

ADELEKE WINS, AS APPEAL COURT QUASHES TRIBUNAL’S JUDGMENT

The Court of Appeal sitting in Abuja has set aside the decision of the Osun State Governorship Tribunal and upheld the election of Senator Ademola Adeleke as the governor of the state.

Following the governorship polls in the state, an Election Petition Tribunal had sacked Adeleke from office, saying that the Peoples Democratic Party (PDP) candidate did not score majority of lawful votes during the July 16 governorship polls.

However, in a unanimous agreement by a three-man panel led by Justice Mohammed Shuaibu, the Court of Appeal quashed the tribunal’s judgement and affirmed Adeleke as the rightful winner of the Osun State Governorship Election.

The Appeal Court Panel annulled the tribunal’s order which directed the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Adeleke’s predecessor-in-office and All Progressives Congress (APC) candidate, Chief Adegboyega Oyetola.

The panel held that the Osun State Tribunal erred in law when it held that there was over-voting during the election, saying the claim only relied on the evidence by Oyetola and the APC and as such, doesn’t prove their case.

The judge faulted Oyetola and APC for relying only on the data from the back-end server and failing to look at the voters’ register which forms the foundation of the whole electoral process. It held that as such, the respondents could not sustain their allegation of over-voting.

On the issue of jurisdiction, the court resolved it in favour of Adeleke, stating that according to section 285(8) of the constitution as amended, the court has right to entertain the appeal.

The court also awarded the sum of N500, 000 against the All Progressive Congress and Oyetola.

CITY LAWYER recalls that the court had on March 13, 2023 reserved judgment in the appeal brought by Adeleke contesting the nullification of his election by the tribunal. The Independent National Electoral Commission (INEC) also filed an unprecedented 44-grounds appeal against the split 2:1 decision by the tribunal.

The tribunal had voided the July 16, 2022 election that produced Adeleke as the elected governor and ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to the immediate past Governor Gboyega Oyetola of the All Progressives Congress (APC) as the validly elected governor. The verdict sparked widespread protests especially in Osogbo, the Osun State capital. A member of the three-man panel also disagreed, delivering a dissenting judgment.

According to the poll results announced by INEC, Adeleke had polled 403,371 votes against Oyetola’s 375,027 votes. The Peoples Democratic Party (PDP) candidate was victorious in 17 of the 30 local government areas of the state while the remaining 13 local government areas went to Oyetola.

No sooner had the dust settled on the judgment than Adeleke headed to the Court of Appeal to challenge the verdict. His legal team led by the go-to election petition trial lawyer, Dr. Onyechi Ikpeazu SAN had on February 9, 2023 filed 31 grounds of appeal against the January 27, 2023 split decision of the tribunal.

INEC also sharply disagreed with the tribunal and filed 44 grounds of appeal against the judgment. In a Notice of Appeal signed by its Lead Counsel, Prof. Paul Ananaba SAN, the commission stated that the judgment of the tribunal was riddled with “error in law” and “want of competence and jurisdiction.”

INEC urged the Appeal Court to set aside the whole judgment of the tribunal, arguing that “The judgement of the lower Tribunal is against the weight of evidence.”

It urged the appeal court to “Allow the Appeal” and sought “An Order dismissing and/or striking out the Petition for want of competence and jurisdiction” as well as “An Order dismissing the Petition of the 1 and 2nd Respondents in this Appeal as lacking in merit with substantial cost.” Oyetola and APC were the 1st and 2nd respondents while Adeleke and the PDP were joined by INEC as 3rd and 4th respondents.

On his part, Adeleke described the tribunal’s judgment as a “miscarriage of justice” and prayed for “an order setting aside the whole decision of the tribunal”. The governor also sought “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit”.

While the tribunal had in a statement which attracted heated public debate held that Adeleke “cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun state,” the appellant stated in his Notice of Appeal that “The tribunal, in its judgment, erred in law and displayed bias against the appellant when it made reference to the appellant’s dance at his inauguration as governor of Osun State which was never an issue before the lower tribunal.

“By referring to the appellant’s personal eccentricity for dancing, the lower tribunal derided and mocked him in a manner suggesting that it was biased against him.

“The appearance of bias, manifested in the reference to the Appellant’s proclivity for dancing and particularly the Buga song, has rendered the decision of the lower Tribunal a nullity.

“The tribunal in its judgment erred in law in returning the 1st respondent as the duly elected candidate without due regard to the enormity of the voters in the units where the results were cancelled for overvoting.”

At the hearing of the appeal, Ikpeazu argued that the tribunal did not base its judgment on the data on INEC’s Bimodal Voter Accreditation System (BVAS) machines and the certified extracts which gave a clear lead to Adeleke, even if some polling unit results were cancelled. He also argued that a member of the tribunal did not read her judgment as required by Nigeria’s Constitution and the rules of court.

But Oyetola’s Lead Counsel, Prince Lateef Fagbemi SAN countered Ikpeazu, saying that the typed judgement stated the decision of the tribunal. He added that “Our position has always been that not all registered voters were accredited by BVAS.”

The Tertsea Aorga Kume-led tribunal had admitted and marked 976 BVAS machines as exhibits. Oyetola’s counsel at the tribunal, Chief Akin Olujinmi (SAN) alleged that BVAS was not used in some polling units, saying this led to irregularities in the voting process.

The tribunal agreed with Olujinmi that there was over-voting during the election. Taking this factor into consideration, the tribunal declared that Oyetola won the election, having polled 314, 921, while Adeleke’s score was pruned down to 290, 266 votes. The tribunal held that all parties agreed that the “BVAS machine is the primary source of the results which were analysed,” adding that the advent of the BVAS machine has relegated the Voters’ Register to the background.

It is instructive that the case turned on the two BVAS reports issued to the petitioner by INEC. While the tribunal held that INEC did not withdraw the incomplete BVAS report earlier issued to the petitioners, INEC insisted that the initial report was “unsynchronised and inchoate,” since it did not present a full picture of the results on Election Day.

Instructively, Justice P. Agbuli agreed with INEC and Adeleke, saying that the petitioners relied on the Biometric Voter Registration (BVR) report obtained on July 27, 2022 and paid for on July 28, 2022. He held that relying on the incomplete report (Exhibit BVR) to reach a verdict was not reasonable in the circumstances.

According to him, “It is remarkable to note that the petitioners did not controvert the exhibit RBVR series and the report of physical inspection, that is exhibit RWC; they stand unchallenged and I so hold.

“Exhibit RWC is a document made from the time resources which are the machines used on Election Day. The exhibit on RWC is in existence and was there on the machine date of the election. Section 64 sub 4,5 and 6 of the electoral act recognized BVAS machines as a key material to be used in the collation of results and in the resolution of any dispute arising therefrom.

“The petitioners are not saying that the entries on exhibit RBVM series which is the machine itself are not the same as the entries in exhibit RWC, their grouse is that since exhibit RWC came from the same first respondent, it will not be allowed to stand in view of the discrepancies of figures in them via-a-vis the entries.

“In view of the following I hold that exhibit BVR is a product of inadequacies and cannot be the best evidence for the determination of the accurate number of accredited voters on the 16th July 2022 election. The same is true of exhibit RBVR; the best evidence to that regard is RBVL, 1-119 down to RBVL 1-59 used in the polling units under contest and I so hold.” He struck out the petition and upheld the election of Adeleke as the governor.

Some analysts have argued that the tribunal’s majority decision has put BVAS, originally touted as a “game changer” in Nigeria’s troubled electoral experience, on trial.

But INEC’s former Director of Voter Education and Publicity, Mr. Oluwole Osaze-Uzzi, disagrees. He argued that the tribunal’s majority judgment was based on an incomplete report. Speaking on a live CHANNELS TV programme, Osaze-Uzzi quoted the dissenting jurist as saying: “I would rather use the primary source of this information, and the primary source of this data is actually the machine itself.

“It is basically a computer. So, rather than go to the server where it transmitted data, I would use the printout from the machine itself.”

He said: “The machines were tendered, so were the reports from the server, and there ought not to have been a discrepancy, but somewhere along the line, not all the data had been transmitted at the time the APC obtained the certified copy of the initial server report.

“It was BVAS that exposed that as it were, and the fact that the BVAS report was relied on. But we have to be careful; which of the BVAS reports was relied on? Was it what was transmitted to the server – to the backend – or was it the BVAS itself?”

He said there was a need to break the verdict of the tribunal, adding that the majority of the tribunal members relied on the initial report of the backend server.

Osaze-Uzzi observed that “It (initial report) was downloaded from the server (after it was) transmitted. But a couple of days later, INEC used the word ‘synchronised.’ I’m not too sure I like that word, but you synchronise it and say, ‘Have all the results been transmitted? Has all data been transmitted from the machine, BVAS itself, to the server?’

“The machine is a physical one and then it transmits to a physical one. It now went, checked and said, ‘There’s a problem here.’ The BVAS report now downloaded itself, (we) now brought it out and examined each BVAS machine and found that, no, some data was not transmitted to the server.” He expressed optimism on the future of BVAS.

The Peoples Democratic Party (PDP) won 25 of the 26 House of Assembly seats in the just concluded elections held on March 18, 2023. The party also won all the three senatorial seats and nine House of Representatives seats during the February 25, 2023 National Assembly elections while the state also delivered the largest number of votes to the PDP presidential flag-bearer Atiku Abubakar in the recent presidential election.

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COURT DISMISSES DUMO LULU-BRIGGS’ SUIT ON MONI PULO SHARE DEAL

The Federal High Court in Abuja has dismissed a suit challenging the late Kalabari High Chief Olu Benson Lulu-Briggs’ transfer of his shares in Moni Pulo Limited to his wife, Dr. Seinye O. B. Lulu-Briggs, his daughters and the O. B. Lulu-Briggs Foundation.

The suit was filed by the Chairman of Platform Petroleum, Chief Dumo Lulu-Briggs and three others urging the court to hold that the 268,445,000 shares of the 1st to 3rd plaintiffs in Muno Pulo Limited, amounting to 67.1% of the company’s shares, “were not outrightly transferred to High Chief Olu Benson Lulu-Briggs (“the Deceased”) but were given to him by the Plaintiffs to hold in trust for their benefit.”

Justice James Omotosho however held that the suit by Dumo Lulu-Briggs, marked Suit No. FHC/ABJ/CS/1481/2021, was the same as Suit No. FHC/ABJ/CS/1576/2019 which was discontinued by an order of court per retired Justice Taiwo Taiwo on September 30, 2021, and which appeal is pending before the Court of Appeal. The judge held that the instant suit was a “gross abuse” of court processes.

The 1st to 4th plaintiffs in the suit marked FHC/ABJ/CS/1481/2021 are Mr. Senibo Lulu-Briggs, Chief Dumo Lulu-Briggs, Sofiri Lulu-Briggs, and Chima Onimim Lulu-Briggs.

The defendants are Mrs. Seinye Peterba Lulu-Briggs, Incorporated Trustees of O. B. Lulu-Briggs Foundation, Rachael Lulu-Briggs, Solate Ovundah-Akarolo, Moni Pulo Limited and Corporate Affairs Commission (CAC).

The defendants had challenged the plaintiffs’ claims and asked the court to consider if having “freely, unequivocally and fully” transferred their entire shareholding to the Late O. B. Lulu-Briggs in two settlements, and having received consideration which the plaintiffs acknowledged as valuable and sufficient for such transfer, the plaintiffs could rightly turn around to impugn the share transfer.

The defendants put the consideration at $3 million to Dumo Lulu-Briggs in 2003 and $5 million to Dumo Lulu-Briggs, Senibo Lulu-Briggs and Sofiri Lulu-Briggs in 2004.

They also asked the court to consider whether the action was not statute-barred, having been filed 12 years after the date of the Consent Judgment on May 18, 2004.

Justice Omotosho agreed with the defendants. His words: “Consequently, I hold without hesitation that filing a fresh suit on a subject between parties on appeal is an abuse of court process. The fresh suit as in the instant suit is nothing than to over reach and make the outcome of the pending appeal nugatory.”

The court further held that “Filing this instant suit on the same subject matter and reliefs and against the same parties is vexatious and nothing more than a gross abuse of the process of the Court.”

Continuing, the court held: “The Court therefore agrees with argument of the 1st-5th Defendants that the suit is an abuse of Court process. This court will not allow its processes to be used in such a frivolous and vexatious manner. Consequently, the instant suit before the court is hereby declared to be an abusive process and as such it is dismissed.

“Having dismissed the suit for being an abuse of Court process, the other issue formulated goes to no issue.”

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‘CJN WAS IN LONDON FOR MEDICAL REASONS,’ SAYS SENIOR ADVOCATE

The Chief Justice of Nigeria, Justice Olukayode Ariwoola returned to Nigeria yesterday morning after a medical trip to London, CITY LAWYER can authoritatively report.

Speaking on the controversy trailing an alleged meeting between Justice Ariwoola and President-elect, Senator Bola Tinubu, a senior lawyer, Mr. Ahmed Raji (SAN) said the top jurist was in London solely for medical reasons.

CITY LAWYER recalls that Raji had about last November also made a spirited defence of Justice Ariwoola when the apex court jurist got into hot water for his remarks at a programme in Port Harcourt, Rivers State.

While the top jurist was lampooned by some critics for allegedly expressing happiness over membership of the “Integrity Group” by his Oyo State Governor, Engr. Seyi Makinde, Raji dismissed any insinuation of bias by Ariwoola, saying that the Chief Justice of Nigeria only joked about the closeness that existed between the Wike and Makinde.

According to Raji, who is also the President of Oke-Ogun Development Consultative Forum (ODCF), the umbrella body of indigenes of Oke-Ogun area of Oyo State, “I was at the said occasion at Port Harcourt and there was never a time the Chief Justice of the Federation said anything about being in support of the group of PDP five governors, he only made jokes about how the closeness between the Oyo State governor and governor Wike is strong which he attributed to the fact that governor Wike is the in-law of Seyi Makinde.

“For anybody to think the Chief Justice of the Federation will come down to such level as discussing party issues is ridiculous, I enjoin media organizations to please scrutinize information their reporters bring to them to avoid creating crisis and smear the images of people.”

According to a Nigerian Tribune report, Raji stated that the alleged meeting between Tinubu and Ariwoola is false and aimed at tarnishing the image of the apex court.

He stated that Justice Ariwoola travelled to London on Saturday for his routine medical check-up and returned to Nigeria on Thursday morning.

Media reports on Wednesday indicated that Tinubu left Nigeria for France and would depart France to London and Saudi Arabia for the lesser hajj.

Also, a Press Statement issued by the Director, Media & Publicity, APC Presidential Campaign Council, Mr. Bayo Onanuga, refuted the report of any clandestine meeting between the duo.

In his statement, Raji said the report was another malicious attempt by some individuals to tarnish the image of the Supreme Court and the CJN after they had made attempts at attaching his name to some political parties to preempt the outcomes of the legal tussles before the apex court.

“It is in the news since Tuesday evening that Tinubu was traveling to Europe for medical reasons as well as for lesser hajj. Further reports indicated that he is in France to meet with his medical doctor. Why would somebody now link that to the CJN that has left Nigeria for UK since Saturday to observe his own medical session and just came back today (Thursday) as meeting?

“Our politicians need to allow due process to take control. Election matters are in the law courts, but that does not mean that the law lords will not live their normal lives as human beings. Tinubu is in France and the CJN was in London. Where is the contact?” he asked.

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PETITION: ADELEKE, OYETOLA KNOW FATE TOMORROW

Tomorrow is the D-Day as the Court of Appeal will decide the appeal filed by Osun State Governor, Senator Ademola Adeleke over his sack the Osun State Election Petitions Tribunal.

The tribunal had voided the July 16, 2022 election that produced Adeleke as the elected governor and ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to the immediate past Governor Gboyega Oyetola of the All Progressives Congress (APC) as the validly elected governor. The verdict sparked widespread protests especially in Osogbo, the Osun State capital. A member of the three-man panel also disagreed, delivering a dissenting judgment.

The court had on March 13, 2023 reserved judgment in the appeal brought by Adeleke contesting the nullification of his election by the tribunal. The Independent National Electoral Commission (INEC) also filed an unprecedented 44-grounds appeal against the split 2:1 decision by the tribunal.

According to the poll results announced by INEC, Adeleke had polled 403,371 votes against Oyetola’s 375,027 votes. The Peoples Democratic Party (PDP) candidate was victorious in 17 of the 30 local government areas of the state while the remaining 13 local government areas went to Oyetola.

But Adeleke headed to the Court of Appeal to challenge the tribunal’s verdict. His legal team led by the go-to election petition trial lawyer, Dr. Onyechi Ikpeazu SAN had on February 9, 2023 filed 31 grounds of appeal against the January 27, 2023 split decision of the tribunal.

INEC also sharply disagreed with the tribunal and filed 44 grounds of appeal against the judgment. In a Notice of Appeal signed by its Lead Counsel, Prof. Paul Ananaba SAN, the commission stated that the judgment of the tribunal was riddled with “error in law” and “want of competence and jurisdiction.”

INEC urged the Appeal Court to set aside the whole judgment of the tribunal, arguing that “The judgement of the lower Tribunal is against the weight of evidence.”

It urged the appeal court to “Allow the Appeal” and sought “An Order dismissing and/or striking out the Petition for want of competence and jurisdiction” as well as “An Order dismissing the Petition of the 1 and 2nd Respondents in this Appeal as lacking in merit with substantial cost.” Oyetola and APC were the 1st and 2nd respondents while Adeleke and the PDP were joined by INEC as 3rd and 4th respondents.

On his part, Adeleke described the tribunal’s judgment as a “miscarriage of justice” and prayed for “an order setting aside the whole decision of the tribunal”. The governor also sought “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit”.

While the tribunal had in a statement which attracted heated public debate held that Adeleke “cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun state,” the appellant stated in his Notice of Appeal that “The tribunal, in its judgment, erred in law and displayed bias against the appellant when it made reference to the appellant’s dance at his inauguration as governor of Osun State which was never an issue before the lower tribunal.

“By referring to the appellant’s personal eccentricity for dancing, the lower tribunal derided and mocked him in a manner suggesting that it was biased against him.

“The appearance of bias, manifested in the reference to the Appellant’s proclivity for dancing and particularly the Buga song, has rendered the decision of the lower Tribunal a nullity.

“The tribunal in its judgment erred in law in returning the 1st respondent as the duly elected candidate without due regard to the enormity of the voters in the units where the results were cancelled for overvoting.”

At the hearing of the appeal, Ikpeazu argued that the tribunal did not base its judgment on the data on INEC’s Bimodal Voter Accreditation System (BVAS) machines and the certified extracts which gave a clear lead to Adeleke, even if some polling unit results were cancelled. He also argued that a member of the tribunal did not read her judgment as required by Nigeria’s Constitution and the rules of court.

But Oyetola’s Lead Counsel, Prince Lateef Fagbemi SAN countered Ikpeazu, saying that the typed judgement stated the decision of the tribunal. He added that “Our position has always been that not all registered voters were accredited by BVAS.”

The Tertsea Aorga Kume-led tribunal had admitted and marked 976 BVAS machines as exhibits. Oyetola’s counsel at the tribunal, Chief Akin Olujinmi (SAN) alleged that BVAS was not used in some polling units, saying this led to irregularities in the voting process.

The tribunal agreed with Olujinmi that there was over-voting during the election. Taking this factor into consideration, the tribunal declared that Oyetola won the election, having polled 314, 921, while Adeleke’s score was pruned down to 290, 266 votes. The tribunal held that all parties agreed that the “BVAS machine is the primary source of the results which were analysed,” adding that the advent of the BVAS machine has relegated the Voters’ Register to the background.

It is instructive that the case turned on the two BVAS reports issued to the petitioner by INEC. While the tribunal held that INEC did not withdraw the incomplete BVAS report earlier issued to the petitioners, INEC insisted that the initial report was “unsynchronised and inchoate,” since it did not present a full picture of the results on Election Day.

Instructively, Justice P. Agbuli agreed with INEC and Adeleke, saying that the petitioners relied on the Biometric Voter Registration (BVR) report obtained on July 27, 2022 and paid for on July 28, 2022. He held that relying on the incomplete report (Exhibit BVR) to reach a verdict was not reasonable in the circumstances.

According to him, “It is remarkable to note that the petitioners did not controvert the exhibit RBVR series and the report of physical inspection, that is exhibit RWC; they stand unchallenged and I so hold.

“Exhibit RWC is a document made from the time resources which are the machines used on Election Day. The exhibit on RWC is in existence and was there on the machine date of the election. Section 64 sub 4,5 and 6 of the electoral act recognized BVAS machines as a key material to be used in the collation of results and in the resolution of any dispute arising therefrom.

“The petitioners are not saying that the entries on exhibit RBVM series which is the machine itself are not the same as the entries in exhibit RWC, their grouse is that since exhibit RWC came from the same first respondent, it will not be allowed to stand in view of the discrepancies of figures in them via-a-vis the entries.

“In view of the following I hold that exhibit BVR is a product of inadequacies and cannot be the best evidence for the determination of the accurate number of accredited voters on the 16th July 2022 election. The same is true of exhibit RBVR; the best evidence to that regard is RBVL, 1-119 down to RBVL 1-59 used in the polling units under contest and I so hold.” He struck out the petition and upheld the election of Adeleke as the governor.

Some analysts have argued that the tribunal’s majority decision has put BVAS, originally touted as a “game changer” in Nigeria’s troubled electoral experience, on trial.

But INEC’s former Director of Voter Education and Publicity, Mr. Oluwole Osaze-Uzzi, disagrees. He argued that the tribunal’s majority judgment was based on an incomplete report. Speaking on a live CHANNELS TV programme, Osaze-Uzzi quoted the dissenting jurist as saying: “I would rather use the primary source of this information, and the primary source of this data is actually the machine itself.

“It is basically a computer. So, rather than go to the server where it transmitted data, I would use the printout from the machine itself.”

He said: “The machines were tendered, so were the reports from the server, and there ought not to have been a discrepancy, but somewhere along the line, not all the data had been transmitted at the time the APC obtained the certified copy of the initial server report.

“It was BVAS that exposed that as it were, and the fact that the BVAS report was relied on. But we have to be careful; which of the BVAS reports was relied on? Was it what was transmitted to the server – to the backend – or was it the BVAS itself?”

He said there was a need to break the verdict of the tribunal, adding that the majority of the tribunal members relied on the initial report of the backend server.

Osaze-Uzzi observed that “It (initial report) was downloaded from the server (after it was) transmitted. But a couple of days later, INEC used the word ‘synchronised.’ I’m not too sure I like that word, but you synchronise it and say, ‘Have all the results been transmitted? Has all data been transmitted from the machine, BVAS itself, to the server?’

“The machine is a physical one and then it transmits to a physical one. It now went, checked and said, ‘There’s a problem here.’ The BVAS report now downloaded itself, (we) now brought it out and examined each BVAS machine and found that, no, some data was not transmitted to the server.” He expressed optimism on the future of BVAS.

The Peoples Democratic Party (PDP) won 25 of the 26 House of Assembly seats in the just concluded elections held on March 18, 2023. The party also won all the three senatorial seats and nine House of Representatives seats during the February 25, 2023 National Assembly elections while the state also delivered the largest number of votes to the PDP presidential flag-bearer Atiku Abubakar in the recent presidential election.

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Emmanuel Orhoro (Left), Alex Muoka, Anthony Eze, Olanrewaju Obadina, Alhaji Femi Okunnu, CON, SAN (celebrant), Mr. Babatunde Raji Fashola, CON, SAN (Chairman of the occasion and Honourable Minister for Works and Housing), Adebola Lema, Mrs. Olamojiba Lema, Stephen Obajaja, Mrs. Evelyn Obajaja and Prof. Oludayo Amokaye, SAN at the public lecture organised by Legal Torchbearers and Torch Voal Ltd on Thursday, March 16, 2023 at Agip Recital Hall, MUSON Centre, Lagos Island, Lagos State in commemoration of Alhaji Femi Okunnu’s 90th birthday.

OKUNNU AT 90: STAKEHOLDERS IDENTIFY FLAWS IN LAND USE ACT

Legal experts at a public lecture in honour of a legal egghead, Alhaji Femi Okunnu (SAN), have identified flaws associated with the Land Use Act (LUA), enacted 45 years ago, which they attributed to bad draftsmanship, among other factors

Separate papers delivered by senior lawyers such as, Dr. Muiz Banire (SAN) and Remi Olatubora, titled, ‘Land Use Act: Some Reflections, 45 years After’ and ‘Land Administration in Nigeria: 45 Years After, the Enactment of the Land Use Act, 1978’ respectively, held that Nigerians have failed to get the expected benefits from the LUA.

According to them, the principal objectives of the Act were to, among others, make land easily accessible to all Nigerians; prevent speculative purchases of land; streamline and simplify land management and ownership; make land available to government at all levels for development; and to provide a system that will improve tenure security.

In their evaluation, they, however, said the objectives were far from being met, which they attributed to the poor and inelegant draft of the Act, among other factors.

Banire specifically stated that the Act has failed to accrue to Nigerians the expected benefits. His words: “The poor and inelegant drafting of the Act is worthy of note. If the opportunity presents itself in the future, it might well be best to get the most qualified draftsmen to handle the drafting of legislation of this nature.”

Other areas faulted by the senior lawyer include, the issuance of two certificates of occupancy, one by the federal and another by the state.

He said that the multiplication of land registries should be skewed and that only states should operate registries.

Among his views, the lawyer held that the rules of engagement by way of operational rules should be left entirely in the hands of the states.

According to him, membership of the Land Use and Allocation Committees should be specified in the relevant laws and made to have statutory tenure upon clearance by the House of Assembly. This, he said, would checkmate the absolute and excessive powers of governors.

He also held that the dichotomy between land in possession of the state and local governments should be eliminated, while a single authority deals with all the lands in the State to avoid the reigning confusion in this regard.

Olatubora, in his lectures, revealed that while every state is saddled with the management of land within its territory, there should be a national integrated electronic platform or registry on which land information can be accessed.

The lawyer also recommended that land matters should be placed on the Concurrent Legislative List to assist in developing an integrated, uniform and consistent land management policy.

As part of his recommendation, he said the present dichotomy between land in urban and nor-urban, where land under LUAC/Governor’s management and LG Council’s management should be abolished.

“All land in every state should come under the management of the governor/LUAC with uniform C of O granted by the governor,” he said.

THE GUARDIAN reports Olatubora as saying that membership of LUAC should be expanded to include representatives of traditional institutions, community development associations, and Civil Society Organisations.

Olatubora said professional members of LUAC should be nominees of professional organisations.

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GOVERNOR ADELEKE SWEEPS OSUN ASSEMBLY SEATS FOR PDP

The Osun State Governor, Senator Ademola Adeleke has delivered 25 of the available 26 House of Assembly seats up for contest in last Saturday’s elections to his party, the Peoples Democratic Party (PDP).

Official results from the Independent National Electoral Commission (INEC) showed that the PDP swept all but one of the 26 legislative seats in the state.

The victory, which is unmatched in the political history of the state, is a clear indication of the huge goodwill that Governor Adeleke enjoys with Osun people.

The landslide victory is also coming barely three weeks after Adeleke delivered the highest number of votes to PDP presidential candidate Atiku Abubakar. The party also showed its undiluted dominance of the political space in Osun State by winning all three senatorial seats and all nine House of Representatives seats during the February 25 presidential and National Assembly elections, leaving none for the rival All Progressives Congress (APC).

Since taking over the leadership of the state on November 27, Governor Adeleke’s impressive rating with the Osun populace has continued to soar.

Analysts believe that the back-to-back victories of the PDP in the elections held in the state is a further affirmation of the unflinching bond between Osun people and Governor Adeleke.

“The clear message that the two recent elections held in Osun conveyed was that Governor Adeleke is well accepted by the people of the state,” Yinka Sanni, a public affairs commentator noted. “Osun people have repeatedly spoken and in all, Governor Adeleke is who they stood with.”

Another public commentator, Mayowa Taiwo, said the people of Osun have spoken loud enough for all to hear, adding that it is increasingly difficult for the people’s voice to be ignored.

“In the two consecutive elections held in Osun, the people were firm in emphasizing their choice in Adeleke, because if you follow the trend well enough, you will know that the victories recorded by the PDP can be credited to him,” Taiwo noted. “The electorate voted PDP overwhelmingly in all the elections. It was like revalidating their faith in Adeleke.”

Echoing this sentiment in a “Thank You” message to Osun State voters, Governor Adeleke wrote: ”My good people of Osun state, you have honoured me and my party with another remarkable victory at the assembly elections.

“You have passed an excellent vote of confidence in my administration and my party by a series of electoral mandates in the last three elections.

“I went round the state with my scorecard under 100 days and you responded by endorsing my party’s candidates for legislative offices.

” You listened to my request for assembly members of my party who will work with me to deliver our five-point agenda.

”Your trust in me to deliver on our election promises has been expanded and strengthened. Your verdict on my performance is loud and clear.

”You have approved of our people-focused governance and our demonstrated will to resolve all outstanding challenges inherited from the previous administration.”

Adeleke however called on members of the opposition to join him to build a new Osun state. He said: ”To my brothers and sisters in opposition, I extend hands of fellowship and brotherhood. Join me to build a new Osun state.

“Support the will of the people as repeatedly demonstrated in the last three elections, as genuine democrats have no power except what the people will. I urge all lovers of democracy to enter the Imole train.

“Osun people need all, within and outside her political class, to unite for state development.”

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NBA WOMEN FORUM KICKS OFF REGISTRATION FOR ANNUAL CONFAB

The countdown to the 2023 Annual General Conference of the Nigerian Bar Association Women Forum (NBAWF) has started with commencement of registration for the eagerly awaited event.

The conference, which will also include events commemorating this year’s International Women’s Day (IWD), promises to be a robust intellectual feast featuring intense engagements on a plethora of topical issues. Emerging trends in the Nigerian and global legal ecosystem and their impact on the fortunes of the female gender and society as a whole will be spotlighted.

The 2-day hybrid event with the theme, ‘TEACH HER IN: INNOVATING FOR GENDER EQUITY’, is scheduled for March 30 and 31 at the A Class VIP Lounge, Sapphire Hall, Plot 102 Kashim Ibrahim Way, Abuja FCT.

The conference will feature seasoned speakers drawn from across and beyond the shores of Nigeria and from diverse sectors and walks of life. The speakers will address issues aimed at the sustainable empowerment of the female lawyer.

To this end, the NBA-WF has advised prospective participants and guests to register promptly for the event by clicking here.

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VIOLENCE: COALITION ASKS INEC TO CANCEL IMO ASSEMBLY ELECTIONS

PRESS RELEASE

PRESS STATEMENT ISSUED BY A COALITION OF CSOS AND NGOS OVER THE FUNDAMENTALLY FLAWED IMO STATE HOUSE OF ASSEMBLY ELECTIONS OF 18TH MARCH, 2023.

We the members of 35 Civil Society Organisations (CSOS) and Non Governmental Organisations (NGOS) after duly observing the elections that took place in Imo state yesterday for the State House of Assembly wish to state as follows:-

(1) The elections were largely marred by voters intimidation and harassment by the ruling All Progressives Congress (APC) across the state.

(2) In particular, the elections held in the three local government areas of Mbaise and other local government areas under Owerri senatorial zone in general were a complete charade. Imo state sponsored militia, thugs and compromised security officials supplanted the wishes of the people by manipulating the election results with brazen impunity.

(3) In Orlu senatorial zone, in one of the highly publicised cases that even went viral on social media, the Deputy Speaker of the Imo state House of Assembly, Amarachi Iwuanyanwu was seen in a motor convoy moving from one polling unit to another intimidating voters and apparently manipulating election results. This is against the security directives issued by the Inspector General of Police (IGP) strictly restricting vehicular movements on election day in Nigeria.

(4) We also noticed that in hundreds of polling units, many party agents of the main opposition parties like the Peoples Democratic Party (PDP) and Labour Party (LP) were routinely chased away from polling units and in some cases, already authenticated election result sheets were snatched away from them with a view of re-writing the results to favour the ruling party in the state.

(5) Many Independent National Electoral Commission (INEC) staff were intimidated to cooperate with the perpetrators of these acts of electoral fraud by threats to their lives.

(6) There were so many infractions on election day in Imo State too numerous to enumerate here.

(7) Our information is to the effect that these acts of unprecedented ”scientific rigging” are sign posts to prepare the grounds for an APC ”Landslide victory” in the forthcoming governorship elections on November 11, 2023 against the wishes of the people of the state.

AGAINST THIS BACKGROUND, WE THEREFORE DEMAND AS FOLLOWS:

( a) The Independent National Electoral Commission (INEC) should cancel immediately the results of the elections in state constituencies where there were major acts of vote rigging, voters intimidation, suppression and violence that makes it impossible for the manipulated declared results to represent the wishes of the people.

(b) The Inspector General of Police should order the immediate prosecution of the Deputy Speaker of Imo state House of Assembly, Amarachi Iwuanyanwu and all other persons that violently, flagrantly, intimidated, harassed and suppressed the people on election day in Imo state and manipulated election results.

(c) We call on the Nigerian Media to sustain it’s publicity and searchlight on news stories about all those who have conspired and collaborated together to upturn the legitimate will of the people of Imo state.

(d) We call on Imo people to remain resolute to defend and protect their mandate by refusing to recognise the legitimacy of those who have stolen their mandate no matter how long it takes.

Signed

Dr. Chike Ogbonnaya

Mr. Mike Ukaegbu
On behalf of CONCERNED CSOS AND NGOS FOR GOOD GOVERNANCE. (CCNGG)

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RIGHTS ACTIVIST SEEKS SPEEDY TRIAL ON IGP’S TENURE ELONGATION CASE

An Abuja-based human rights lawyer, Mr. Maxwell Opara has filed an ex-parte motion before the Court of Appeal sitting at Abuja seeking abridgement of time for the hearing of his appeal against President Muhammadu Buhari, the Inspector General of Police, the Attorney General of the Federation and Nigeria Police Council over extension of the IGP’s tenure.

It is recalled that the human rights activist and constitutional lawyer has maintained an action against the respondents in APPEAL NO:CA//A/ABJ/CV/648/2021 and SUIT NO: FHC/ABJ/CS/106/2021 over the extension of the tenure of current Inspector General of Police who was due for retirement on March 1, 2023.

Last month, in a letter to the Presiding Justice of the Court of Appeal, Abuja, counsel to the activist, Nnenna Opara, complained that the appeal was filed since 2021 but due to adjournments, has now been slated for hearing on the 19th of September, 2023.

The letter further asked the Presiding Judge to consider the peculiar circumstances of the case and bring the matter forward for hearing of the appeal. The Appellant is praying for “AN ORDER OF THIS HONOURABLE COURT Abridging the time to hear the appeal filed in this court.”

In an 11-paragraph affidavit in support of the Motion, the Appellant/Applicant stressed that he will suffer untold damages if the matter is not decided quickly. No date has been fixed for hearing of the motion.

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‘ASSASSINS ARE AFTER MY LIFE,’ SENIOR ADVOCATE CRIES OUT

A senior lawyer and former Chairman of the Nigerian Bar Association (NBA), Birnin-Kebbi Branch, Mr. Hussaini Zakariyau SAN has sent a ‘Save-Our-Soul’ message to lawyers over alleged plans by a politician to kidnap and kill him.

Zakariyau was the youngest of the 72 lawyers to be conferred with the rank of Senior Advocate of Nigeria (SAN) by the Legal Practitioners’ Privileges Committee (LPPC) in the 2020 preferment exercise. It was the first time he would be applying for the rank.

In a statement obtained by CITY LAWYER and signed by the Publicity Secretary of the branch, Mr. Muhammad Usman, the branch condemned the threat to the life of the senior lawyer, urging security agencies and the state government to wade into the matter.

Usman noted that the branch leadership “received with great shock, a written complaint on the 10th March, 2023 from its former Chairman, Hussaini Zakariyau SAN lamenting on the dastardly incidence of life threatening phone calls he had received from some anonymous persons/bandits wherein they unequivocally threatened that they are coming for the learned silk soon, as they are given an assignment by a politician to KILL him.”

The statement observed that the “malignant and calculated attacks on legal practitioners, magistrates and judges in the Branch have taken a new dimension,” adding that this “necessitated calls for decisive intervention by all the security agencies to use every apparatus at their disposal to fish out the culprits, and be more proactive in protecting the sanctity of lives and properties of the citizenry.”

When CITY LAWYER telephoned the Chairman of the branch, Mr. Lawal Garba for an update on the matter, his phone rang without response. It was unclear at press time whether the Yakubu Maikyau SAN-led NBA leadership has been alerted on the matter.

Below is the full text of the statement.

NBA BIRNIN KEBBI BRANCH CONDEMNS THE THREAT MADE BY UNKNOWN PERSONS TO KIDNAP/KILL ITS FORMER CHAIRMAN, HUSSAINI ZAKARIYAU, SAN: A CALL ON NIGERIA POLICE FORCE, DEPARTMENT OF SECURITY SERVICES, KEBBI STATE GOVERNMENT AND ALL OTHER SECURITY AGENCIES TO BE MORE VIGILANT ABOUT SECURITY OF LIVES AND PROPERTIES OF LAWYERS IN THE STATE.

The Nigerian Bar Association (NBA) Birnin Kebbi Branch received with great shock, a written complaint on the 10th March, 2023 from its former Chairman, Hussaini Zakariyau SAN lamenting on the dastardly incidence of life threatening phone calls he had received from some anonymous persons/bandits wherein they unequivocally threatened that they are coming for the learned silk soon, as they are given an assignment by a politician to KILL him.

The Branch strongly condemn this deploring event, and noted same as disheartening. This is one too many, amongst other latest searing occurrences that in recent times befell members of the Branch. Indeed, malignant and calculated attacks on legal practitioners, magistrates and judges in the Branch have taken a new dimension, which necessitated calls for decisive intervention by all the security agencies to use every apparatus at their disposal to fish out the culprits, and be more proactive in protecting the sanctity of lives and properties of the citizenry.

The NBA Birnin Kebbi Branch therefore, firmly reiterates its unwavering commitment in getting to the roots of the alleged threats with a view to fish out the anonymous perpetrators, and shall ensure that the said perpetrators are brought to book.

In conclusion, the Branch will not relent in taking every legal step to call the attention of the State Government and all security agencies to be alive to their constitutional role of protecting lives and properties of the citizens, legal practitioners in particular. The bitter truth is that these unwarranted and provocative threats/attacks on innocent citizens including members of the legal profession must be treated with all seriousness, and must be brought to a decisive end.

Thank you.

Muhammad Usman, Esq
Publicity Secretary
(13/03/2023)

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CUSTOMARY APPEAL JUDGE LOSES LAWYER-SON

A human rights lawyer and son of Justice Augustine Paul Bokon Utsaha, the retired President of the Benue State Customary Court of Appeal, Mr. Michael Tarnongo Utsaha is dead.

CITY LAWYER gathered from unimpeachable sources that the younger Utsaha died last Tuesday after a brief illness. He was admitted to the Nigerian Bar in 1995, having graduated from the University of Jos.

A source who is familiar with the matter told CITY LAWYER that the vibrant human rights lawyer took ill last December and succumbed to the sickness last Tuesday.

An announcement by the family reads:

The family of Honourable Justice Augustine Paul Bokon Utsaha (Rtd) announces the sad demise of their son, brother, husband and father, Barrister Michael Tarnongo Utsaha, who answered the call of the Almighty God on 14 March, 2023.

Burial arrangements will be announced by the family. May his gentle soul rest in perfect peace. Amen.

Announcer
Brig Gen RT Utsaha
For the family.

Among the early mourners was the Vice Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Mr. Steve Abar who wrote: “Shocking! @Mike Utsaha was my classmate in UniJos, call mate, a well-respected colleague and friend. He was such a good man. May Heaven prepare for him a resting place. May we all be consoled.”

On his part, a Makurdi-based lawyer, Mr. Kelvin Iorzenda said: “He was a very active human rights activist. He even did cases before the ENDSARS Panel in Abuja and got judgment for his clients. He had a law firm in Abuja all his life but recently moved to Makurdi around 2021 till date.”

Utsaha was until his death the Executive Secretary, Resource & Planning Commission at the Catholic Diocese of Makurdi. He was the Program Officer (Law Justice & Human Rights) at Open Society Initiative for West Africa (OSIWA) between 2009 and 2011; Project Coordinator at Lux Terra Leadership Foundation, and Provincial Secretary for the Catholic Ecclesiastical Province of Kaduna.

He was also an Open Society Justice Initiative (OSJI) Human Rights Fellow, and received a Master of Laws degree in 2005 from the Central European University, Budapest, Hungary. He was married with a child.

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CCB: INEC BOSS WINS, AS COURT REFUSES TO ORDER RELEASE OF ASSET DECLARATION FILE

The Federal High Court presided over by the Chief Judge of the court, Justice John Tsoho has dismissed a suit filed by Hon. Emmanuel Agonsi seeking some reliefs against the Code of Conduct Bureau (CCB) and the Chairman of Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu.

Marked as Suit No. FHC/ABJ/CS/33/2021, the Code of Conduct Bureau and Yakubu were named as 1st and 2nd respondents respectively.

Brought pursuant to the provisions of the Freedom of Information Act (FOIA) 2011, the applicant sought a declaration that the CCB has a statutory duty to furnish the applicant with information concerning Yakubu’s assets declaration while he was the Executive Secretary of Tertiary Education Trust Fund (TETFUND) between 2007 and 2012.

The applicant also sought details of asset declaration made by Yakubu during his first term in office as INEC Chairman between 2015 and 2020, and a written declaration of all properties, assets and liabilities of his unmarried adult children submitted for the same period.

The suit also sought any other information available to the CCB showing whether or not there has been any corresponding addition or progression of properties, assets and liabilities of Yakubu and his unmarried adult children from 2007 till date.

However, the INEC Chairman had through his Lead Counsel, Chief Emeka Obegolu SAN filed a Notice of Preliminary Objection urging the court to dismiss the suit. He argued that the information sought by the applicant contains personal information belonging solely to Yakubu.

Ruling on the application, the court upheld Obegolu’s submission. It held that by virtue of Section 14 of the Freedom of Information Act 2011, a public institution must deny an application for information that contains personal information of a public officer.

Justice Tsoho also held that the grounds for which a public institution would release the personal information of a public officer to any citizen is on the basis of consent by the public officer, adding that in the absence of such consent, the Code of Conduct Bureau is not under a duty to disclose such personal information.

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ODUAH ASKS IBA TO SLASH FEES FOR LAWYERS FROM DEVELOPING COUNTRIES

The immediate past General Secretary of the Nigerian Bar Association (NBA), Joyce Oduah has written to the President of the International Bar Association (IBA) seeking a reduction in membership and conference fees for lawyers in developing countries.

In the letter made available to CITY LAWYER, Oduah recalled that she had last November “presented a paper as a Panelist at the International Bar Association Conference 2022 in Miami, Florida, USA on the topic International Strategy and the IBA: Building and Developing an International Strategy for Young Lawyers and its Implementation.

“The goal of the paper was to create a strategic framework based on best practices through which young lawyers could gain entrance into the international legal space and also position themselves for success in the international legal market especially through membership of the IBA and participation in IBA programmes and conferences amongst others.”

A former IBA Council Member and Vice President (West Africa) of the Pan African Lawyers Union (PALU), Oduah stated that “The purpose of this letter is to propose a reduction in IBA membership and conference fees for lawyers and young lawyers in developing countries. The statistics and examples used in this proposal are derived from Nigeria and United Kingdom.”

According to Oduah who is also a member of the Common Wealth Lawyers’ Association (CLA), “Upon research, however, I discovered that certain categories of lawyers are inadvertently excluded from access to the benefits of membership of and participation in IBA activities not for absence of knowledge but due to inability to afford membership fees and conference fees.”

She stated that “This category of lawyers includes Lawyers (more especially young lawyers) in Developing countries. Based on the above discovery, I suggested in the session that the IBA take active steps to ensure the inclusion of these category of lawyers through the reduction of membership and conference fees to ensure and promote diversity and inclusivity in IBA activities.”

She observed that her proposals are already being implemented by other international lawyer’s associations such as the Commonwealth Lawyers’ Association (CLA), adding that “Conference Fees are reduced based on the economic development of the country (i.e. developing countries) and the numbers of years in practice (i.e. young lawyers) https://www.clcgoa2023.com/registration.html. The IBA in the past also subscribed to this model of determining conference and membership fees based on the economic classification of the individual’s country.”

Outlining the benefits of the proposed reduction in fees, Oduah urged that “This practice should be revived as it allows for greater participation of lawyers regardless of their nationalities and economic status.”

Below is the full text of the proposal.

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TINUBU: 93 SENIOR ADVOCATES SET FOR ELECTION PETITION FIREWORKS

No fewer than 93 Senior Advocates of Nigeria (SAN) are set to do legal battle in arguably the fiercest election petition trial in Nigeria’s modern history.

While the All Progressives Congress (APC) and its presidential candidate, Senator Bola Tinubu have both appointed their legal teams, only rival Peoples Democratic Party (PDP) presidential candidate and former Vice President, Alhaji Atiku Abubakar as well as populist Labour Party candidate, Mr. Peter Obi have named their legal teams. The PDP and Labour Party as well as the Independent National Electoral Commission (INEC) are yet to appoint their legal teams.

CITY LAWYER recalls that Tinubu was declared winner of the hotly contested presidential election by INEC, polling 8,794,726 votes. According to the results declared by INEC, Atiku polled 6,984,520 votes while his Labour Party counterpart polled 6,101,533 votes.

Obi had set the ball rolling with announcement of the appointment of a 12-member legal team. The team in order of seniority include Dr. Livy Uzoukwu (SAN); Chief Awa Kalu (SAN); Dr. Onyechi Ikpeazu (SAN); Chief Patrick Ikwueto (SAN); Chief Ben Anyachebe (SAN); Sebastine Hon (SAN); Chief Arthur Obi Okafor (SAN); Ikechukwu Ezechukwu (SAN); J. S. Okutepa (SAN); Dr. Mrs. Valerie Azinge (SAN); Emeka Okpoko (SAN); and Alex Ejesieme (SAN).

It was however unclear at press time whether Uzoukwu will operate both as Lead Counsel for Peter Obi and Labour Party, as the party also named him as its Lead Counsel. A statement by Dr. Tanko Yunusa of Labour Party Presidential Campaign Council reads:

“The legal team of the Peter OBI and Datti Baba Ahmed headed by Dr. Livy Uzoukwu SAN. The PCC Legal Directorate Headed by

  1. Victoria Shanti Esq.,
  2. Yakubu Saleh Bawa ESQ

Among the sixty members team are as follows.

  1. S. T. HON, SAN
  2. J. S. OKUTEPA, SAN
  3. OLUMIDE AYENI, SAN
  4. OLALEKAN OJO, SAN
  5. AUDU ANUGA, SAN
  6. PROF AGBO J. MADAKI, ESQ
  7. NGUEMU UJA, ESQ
  8. DAYO ASHOMIBARE, ESQ 7. F. N. OGBE, ESQ
  9. PRECIOUS AMUKPO, ESQ
  10. DAVID AGASHUA, ESQ
  11. MICHAELSON L. HON, ESQ 11. OLUSOLA EBISEMI

“They visited the INEC chairman in continuation of reclaiming the mandate of the 25th February elections.”

Atiku has named a 19-member team to wrestle the mandate from Tinubu who was declared President-elect by INEC. Led by fiery and experienced litigator, Chief Joe-Kyari Gadzama (SAN), other members of the team are Chief Chris Uche (SAN), Mr. Paul Usoro (SAN), Mr. Tayo Jegede (SAN), Mr. Ken Mozia (SAN), Chief Mike Ozekhome (SAN), Mahmood Magaji (SAN), Mr. Joe Abraham (SAN), Mr. Chukwuma Umeh (SAN), Dr. Garba Tetengi (SAN) and Chief Emeka Etiaba (SAN).

Others are Chief Goddy Uche (SAN), Prof. Maxwell Gidado (SAN); PDP National Legal Adviser, A. K. Ajibade (SAN), Mr. O. M. Atoyebi (SAN), Mrs. Nella Rabana (SAN), Mr. Paul Ogbole (SAN), Mr. Nureini Jimoh (SAN), and Mr. Abdul Ibrahim (SAN).

On its part, the ruling APC has named a 13-member legal team in an attempt to cement its victory at the poll as declared by INEC. Announcing the appointment, APC National Legal Adviser, Ahmad Usman El-Marzuq, wrote in a statement: “The All Progressives Congress (APC) has appointed a team of highly qualified and experienced lawyers to represent the party at the Presidential Election Petition Tribunal. The team is comprised of legal luminaries with vast experience in election petition matters, constitutional law, and litigation.”

The team is led by seasoned election petition trial lawyer, Prince Lateef Fagbemi (SAN). Aside from Ahmad Usman El-Marzuq, other members of the team are Sam Ologunorisa (SAN), Rotimi Oguneso (SAN), Olabisi Soyebo (SAN), Gboyega Oyewole (SAN), Muritala Abdulrasheed (SAN), Aliyu Omezia Saiki (SAN), Tajudeen Oladoja (SAN), Pius Akubo (SAN), Oluseye Opasanya (SAN), Suraju Saida (SAN), and Kazeem Adeniyi (SAN).

However, no sooner was the list made public than Akubo withdrew from the team, saying that he was not consulted before the appointment. In a disclaimer sighted by CITY LAWYER and personally signed by the senior lawyer, he wrote: “With all due respect, I wish to state that I had no prior knowledge of the said appointment. As a matter of fact, I have not received any official communication on the subject matter hitherto. Suffice it to say that I was taken by surprise to hear of the said appointment via social media.

“In the circumstance, and for personal reasons, I hereby decline the said appointment.”

CITY LAWYER also gathered from an unimpeachable source that longstanding Nigerian Bar Association (NBA) prosecutor at the Legal Practitioners Disciplinary Committee (LPDC), Mr. Jibrin Okutepa also turned down a similar offer. Okutepa was said to have been approached by the APC National Legal Adviser, Ahmad Usman El-Marzuq, but declined the offer because he “could not defend the victory.” It was unclear whether this informed a recent visit to his office by Obi.

Issuing a similar disclaimer, former NBA President, Dr. Olisa Agbakoba (SAN) wrote: “My attention has been drawn to an online fake news saying ‘Olisa Agbakoba declines invitation to join Tinubu legal team to challenge the election describing it as a battle of conscience and humanity!!!’ I was never approached by the Tinubu legal team to be part of their team.”

By far the largest legal team for the impending election petition tussle was raised by Tinubu with the appointment of a 50-member team led by Chief Wole Olanipekun (SAN), a former NBA President and current Chairman of the Body of Benchers.

Hinting that the 50-member team may have been enlarged to subsume the 13-member team earlier announced by the APC, APC Presidential Campaign Council spokesman Bisi Onanuga said: “The earlier list released by the APC partially just reflect the lawyers who will be involved in the case. It does not capture the full picture. I am aware, for instance, that Wole Olanipekun is the leader of the team. And of course, the man who has been representing Asiwaju all this while in the court, Babatunde Ogala (SAN), is also a member of the team.

“I am aware that what we have in the public arena is just a partial list. There is no conflict concerning it. But there is an ongoing move to harmonise the list as one. Altogether, I think there are about 50 of them in all.”

There are strong indications that barring any hiccup, INEC’s legal team for the titanic battle may be led by its longstanding and cerebral election petition trial lawyer, Prof. Paul Ananaba (SAN).

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NBA FIXES GLITCH ON BPF PORTAL

PRESS STATEMENT

UPDATE ON BAR PRACTICING FEE (BPF) PAYMENT PORTAL

We are pleased to announce that the technical glitches recently experienced on the NBA payment portal for the Bar Practicing Fee (BPF) have now been resolved. The issues were caused by bandwidth constraints and we apologise dearly for the break in service.

With the issues now resolved, you can seamlessly make your BPF payment before the March 31st deadline. We encourage you to make payments as soon as possible to avoid any inconvenience or delay in processing.

We value your commitment and dedication towards the NBA and we sincerely apologise for any inconvenience caused.

If you encounter any further issues, please do not hesitate to contact our support team:

  1. Ezekiel David – 07037000903
  2. Wole Efuwape – 08035479443
  3. Solomon Magaji – 08035989206
  4. Adewale Adebayo – 08033803724
  5. Simon David-West – 08126306930

Thank you for your understanding and cooperation.

Akorede Habeeb Lawal
National Publicity Secretary, NBA

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‘WHAT LAWYERS WHO PETITION AGAINST JUDGES MUST PROVE’ – LAGOS CJ

The Chief Judge of Lagos State, Justice Kazeem Alogba has stated that no petition against a judicial officer of the Lagos State Judiciary will be treated unless the petitioner has served notice of the petition on the opposing counsel.

Justice Alogba stated this while responding to concerns raised by stakeholders during a Bar-Bench forum between the state judiciary and Eti-Osa Lawyers Forum (ELF) held last Wednesday.

CITY LAWYER gathered that a stakeholder had observed during the interactive session that “there is a notorious trend among lawyers – especially senior lawyers – who derive pleasure in disrespecting magistrates and thereafter write frivolous petitions against magistrates, thereby disrupting expeditious disposal of cases and clogging the wheel of justice.”

Responding, the Chief Judge noted that there is bound to be disagreements between the Bar and the Bench, adding however that such disagreements should be on the merit.

He noted that the state judiciary has devised a means to curb frivolous petitions against judicial officers, adding that petitioners are now required to show proof of service of the petition on the opposing counsel to avoid adjudicating on a one-sided allegation.

On plans to tackle the problem of awaiting trial inmates, Alogba stated that the Lagos State Judiciary has made efforts to reduce the challenges in bail administration by introducing the Bail Bond System, adding however that many stakeholders have not registered as bondsmen under the scheme.

The jurist noted that the Bail Information System (BIS) has also been introduced to solve the challenges surrounding the verification of sureties and urged lawyers to assist the judiciary by providing credible sureties.

He urged judicial officers to exercise discretion judiciously in bail matters in order to stem the problem of congestion of correctional centres through harsh bail conditions, especially as some charges are frivolous. The jurist however noted that some defendants jump bail, adding that inadequate manpower is also a major clog in bail administration especially in documentation and verification of addresses of sureties.

Turning to the eagerly awaited pronouncement of Eti-Osa as a Judicial Division by the Chief Judge, Alogba stated that the process is almost completed, adding that it is a top priority for the Lagos State Judiciary in order to bring justice nearer to the people.

Speaking earlier, the Chairman of Eti-Osa Lawyers’ Forum, Mr. Adewale Sanni commended the Chief Judge “for adopting an open-door policy in relation to the Bar,” adding that the forum has enjoyed excellent relations with the Lagos State Judiciary since the unveiling of the court in Eti-Osa in December 2019.

He noted that some judicial officers do not exercise discretion in bail matters judicially and judiciously, and urged the Chief Judge to issue Guidelines or Practice Direction to curb arbitrary bail conditions which worsen congestion of correctional centres.

While the entire Executive Committee and some ranking members of Eti-Osa Lawyers’ Forum attended the interactive session, the state judiciary was represented by a high-powered team led by the Chief Judge.

Other judicial officers who attended the session include the Administrative Judge of Lagos Judicial Division, Justice Olutoyin Ipaye; her Ikeja Judicial Division counterpart, Justice Modupe Nicol-Clay; the Administrative Judge of Eti-Osa Judicial Division, Justice Josephine Oyefeso; Justice Adenike Coker, Justice Hakeem Oshodi, Justice G. A. Safari, Justice Dorcas Olatokun, Justice Lawal Akapo and Justice Aigbokaevbo.

Also present were the Chief Registrar of Lagos State, Deputy Chief Registrar (Administration) Lagos; Deputy Chief Registrar (Special Duties) Lagos, some Magistrates as well as Heads of Units and Departments in the Lagos State Judiciary.

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BREAKING: CBN OBEYS SUPREME COURT ORDER, DIRECTS BANKS TO ACCEPT OLD NOTES

The Central Bank of Nigeria (CBN) has directed banks to comply with the Supreme Court judgment which extended the use of old Naira notes to 31st December, 2023.

In a press statement obtained by CITY LAWYER and dated March 13, 2023, the apex bank noted that the old N200, N500 and N1,000 notes remain legal tender until December 31, 2023.

According to the statement signed by Mr. Isa AbdulMumin, Acting Director of Corporate Communications, “In compliance with the established tradition of obedience to court orders and sustenance of the Rule of Law Principle that characterized the government of President Muhammadu Buhari, and by extension, the operations of the Central Bank of Nigeria (CBN), as a regulator, Deposit Money Banks operating in Nigeria have been directed to comply with the Supreme Court ruling of March 3, 2023.”

Continuing, the apex bank stated that “Accordingly, the CBN met with the Bankers Committee and has directed that the old N200, N500 and N1000 banknotes remain legal tender alongside the redesigned banknotes till December 31, 2023.

“Consequently, all concerned are directed to conform accordingly.”

CITY LAWYER gathered that the Bankers Committee met yesterday

The Supreme Court had nullified the Federal Government’s naira redesign policy, declaring it as an affront to the 1999 Constitution. Justice Emmanuel Agim, who read the lead judgement, dismissed the preliminary objections by the defendants (the Attorney General of the Federation, Bayelsa and Edo states), as the court held that it had jurisdiction to entertain the suit.

Citing Section 23(2)1 of the constitution, the court held that the dispute between the Federal Government and states must involve law or facts. The apex court further held that President Muhammadu Buhari in his broadcast admitted that the policy is flawed with a lot of challenges.

Pre-empting the CBN’s announcement, Anambra State Governor and former CBN Governor, Prof. Charles Soludo said: “

“Commercial banks have been directed by the central bank to dispense old currency notes and to also receive same as deposits from customers,” the governor said.

“Tellers at the commercial banks are to generate the codes for deposits and there is no limit to the number of times an individual or company can make deposits.

“The governor of the CBN gave the directive at a Bankers’ Committee meeting held on Sunday, 12th March, 2023. The Governor, Dr. Godwin Emefiele, personally confirmed the above to me during a phone conversation on Sunday night.

“Residents of Anambra are therefore advised to freely accept and transact their businesses with the old currency notes (N200; N500; and N1,000) as well as the new notes.”

The Nigerian Bar Association (NBA) had in a statement by its President, Mr. Yakubu Maikyau SAN, urged the CBN to comply with the apex court’s order, even as President Muhammadu Buhari had noted that he had not directed the CBN or the Attorney-General of the Federation, Mr. Abubakar Malami SAN to disobey the Supreme Court order.

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IWD: CIARB NIGERIA CHAIR URGES WOMEN TO SEEK GENDER PARITY

The Chairman of Nigeria Branch of the Chartered Institute of Arbitrators (UK), Chief Akingbola Akinola SAN has commended women arbitrators for their contributions to the dispute resolution industry.

In a message to mark the International Women’s Day, Akinola stated that “As Arbitrators, you play a crucial role in ensuring that women’s voices are heard and their rights are protected, both in and outside of the Hearing Room.”

Turning to the theme for this year’s celebration, “Embrace Equity,” the chartered arbitrator said: “We appreciate that there’s still room for improvement towards achieving gender equality at full par, but with your dedication and commitment, I believe we can make significant progress.”

Continuing, the respected senior lawyer wrote: “I will like to take a moment to acknowledge your various contributions towards promoting equality and justice in your work as Arbitrators.

“This year’s theme for International Women’s Day is ‘Embrace Equity,’ which serves as a reminder that we need to continue to work together to create a more just and equitable world for women everywhere.”

Akinola added: “On this day, let us celebrate the achievements of our women and reaffirm our commitment towards building a world that is fair and equitable for all.”

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‘WOMEN’S VOICES SHAPE A BETTER WORLD,’ SAYS AFAM OSIGWE

Former Nigerian Bar Association (NBA) General Secretary, Mazi Afam Osigwe SAN has celebrated with women on the occasion of the International Women’s Day.

In a message to mark the event, Osigwe noted that “International Women’s day is a day among many others to celebrate women and their impact in our world.”

Noting that the strength and resilience of women in no small way shape society, Osigwe stated that “Women have borne the burdens life and nature thrusted on them with equanimity. They have helped in shaping the world, even in the most part of subtle of ways. Theirs are often the softest of voices, yet it reverberates to bring about a better world.”

According to Osigwe who is also a Life Bencher, “The achievements of women in the times past despite challenges and their continued success shows how better the world/society can become when women are given opportunities.

“Promoting and ensuring equity for women will surely see to a better and more robust society transforming to sustainable development.

“On this day, I celebrate all women and their achievements.

I hope society continues to embrace women and harness their potential.

“Happy International Women’s Day.”

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MAIKYAU HAILS WOMEN ON ‘INTERNATIONAL WOMEN’S DAY’

The President of the Nigerian Bar Association (NBA), Mr. Yakubu Maikyau SAN has felicitated with women on the occasion of the International Women’s Day.

In a statement made available to CITY LAWYER and personally signed by the NBA helmsman, Maikyau said that the association “is delighted to join the rest of the global community to commemorate this year’s International Women’s Day.”

He noted that 8 March every year is set aside “to celebrate our women and their outstanding achievements and contributions to the society,” adding that “This year’s event is no different, and as an association we are taking the time to celebrate all the female members of the legal profession who have done their bit for the advancement of the legal profession and the betterment of our world.”

According to him, “The NBA has consistently maintained the position that, for us to achieve transformative change in the world, issues relating to gender equality and empowerment must be prioritized and addressed head-on. We are, therefore, happy to identify with the theme of this year’s event: DigitALL: Innovation and Technology for Gender Equality. This year’s theme, which focuses on innovation, has given the world a veritable platform to assess and re-assess how to maximise the use of digital technology to bridge the gender gap. The next global agenda should therefore put in place developmental policies and pragmatic mechanism to accelerate equality and equity with the aid of technology.”

Continuing, he stated that “In celebrating this year’s International Women’s Day, we wish to acknowledge and celebrate specially the female pioneers in the legal profession. These women blazed the trail for others to follow and shattered glass ceilings to reach for the stars in a hitherto male-dominated sphere.”

Maikyau said that “the NBA is proud to be supporting the International Bar Association (IBA) and LexisNexis Rule of Law Foundation’s ‘50:50 by 2030’ Gender Project (the ‘Gender Project’). The Gender Project is designed in an effort towards achieving SDG 5.

“It is an innovative and unprecedented project through which the legal profession looks inwards; to study the available data and understand the primary causes of gender disparity at all levels of seniority within the legal profession with a view addressing same.

“So far, the Gender Project has surveyed and produced reports on England and Wales, Uganda and Spain. The Gender Report on Nigeria is next and will be published over the next few days. I thank all participating law firms, corporate organisations, public sector establishments and members of the judiciary who supported this project. I enjoin all our members to study the report when it is published, take the lessons from the data and become champions of the change we want to see in our nation, starting with the legal profession.”

The full text of the statement is below.

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INEC GETS APPEAL COURT NOD TO RECONFIGURE BVAS

  • GIVE ACCESS TO OBI TO PROBE BVAS – COURT

The Presidential Election Petition Court, PEPC, sitting at the Court of Appeal in Abuja, on Wednesday, gave the Independent National Electoral Commission, INEC, the nod to reconfigure the Bimodal Voter Accreditation System, BVAS, it used for the presidential election.

The Presidential Election Petition Court, PEPC, sitting at the Court of Appeal in Abuja, on Wednesday, gave the Independent National Electoral Commission, INEC, the nod to reconfigure the Bimodal Voter Accreditation System, BVAS, it used for the presidential election.

The court, in a unanimous decision by a three-member panel of justices, held that stopping the electoral body from reconfiguring the BVAS would adversely affect Saturday’s governorship and state assemblies elections.

It dismissed objections that the Labour Party, LP, and its presidential candidate, Mr. Peter Obi, raised against INEC’s move to reconfigure all the BVAS.

According to the court, allowing the objections by Obi and his party, would amount to “tying the hands of the respondent, INEC.”

Besides, it noted that INEC had in an affidavit it filed before the court, assured that the accreditation data contained in the BVAS could not be tampered with or lost, as they would be stored and easily retrieved from its accredited back-end server.

It further observed that neither Obi nor LP controverted the depositions in INEC’s affidavit, stressing that since such averments were not challenged, it amounted to admission by the applicants.

According to VANGUARD news report, the court ordered INEC to allow the applicants to inspect and carry out digital forensic examination of all the electoral materials used in the conduct of the elections, as well as to avail them the Certified True Copy, CTC, of result of the physical inspection of the BVAS.

The Justice Joseph Ikyegh-led panel faulted Obi and LP for repeating their request to be allowed to scan and make copies of the electoral materials in INEC’s possession.

Noting that the request was earlier granted, the panel held that repeating the prayer amounted to an abuse of court process.

It will be recalled that INEC had insisted that the reconfiguration of the BVAS was necessary since they would be deployed for the next round of elections.

It maintained that without a prompt variation of the order the court earlier granted to Obi and the presidential candidate of the Peoples Democratic Party, PDP, Atiku Abubakar, especially the aspect restraining it from tampering with formation contained in the BVAS, it would be difficult for it to proceed with the scheduled elections.

Obi and his party had in their application marked: CA/PEC/09m/23, sought permission to be allowed to conduct physical inspection of all the BVAS that were used for the presidential poll.

The applicants, through their team of lawyers led by Dr. Onyechi Ikpeazu, SAN, said the essence of the application was to enable them to extract data embedded in the BVAS, “which represent the actual results from Polling Units.”

They specifically applied for; “leave to carryout digital forensic and physical inspection of BVAS, etc”, as well as to obtain the Certified True Copy, CTC, of all the data in the BVAS.”

While opposing the application, INEC told the court that there were a total of 176,000 BVAS that were deployed to polling units during the presidential election.

“Each polling unit has its own particular BVAS machine which we need to configure for the forthcoming elections.

“It will be very difficult for us, within the period, to reconfigure the 176, 000 BVAS.

“We have already stated in our affidavit that no information in the BVAS will be lost as we will transfer all the data in the BVAS to our back-end server.

“We need the BVAS configured. So, granting this application will be a cog in the process and may delay the conduct of the elections,” INEC’s lead lawyer, Tanimu Inuwa (SAN), pleaded.

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NBA ELECTION OBSERVERS, MAIKYAU DISAGREE ON POLL

The Nigerian Bar Association (NBA) Election Working Group (NEWG) has disagreed with NBA President, Mr. Yakubu Maikyau SAN on the success of the recent General Elections.

Maikyau had in an interview with CHANNELS TV rated the election highly, saying: “Those who came out were happy to express their franchise. There were challenges, definitely.” He added that “on the whole, I will score INEC as having performed maybe about 78, 80 percent in the delivery of these elections. That will be an A for every exam, notwithstanding all the things that happened – which we are not ignoring.”

This led to a flurry of criticisms, with many lawyers saying that Maikyau spoke for himself and not for the Bar. Former Chairman of the National Human Rights Commission (NHRC), Prof. Anselm Odinkalu also accused the NBA President of refusing to sign the official NEWG Report, a charge NBA Publicity Secretary Habeeb Lawal denied.

But in the official NEWG report signed by Maikyau and made available to CITY LAWYER, the NBA Observers stated that only 27.1 percent of voters “were excellently impressed with the conduct of the ballots.” Most voters (64.6%) said they were “somewhat satisfied” with the election while 8.2% of the electorate rated the poll as “poor or very poor.”

The report is titled “INTERIM REPORT OF THE PRESIDENTIAL & NATIONAL ASSEMBLY ELECTIONS OF THE FEDERAL REPUBLIC OF NIGERIA.” The observer team was chaired by Mrs. Linda Rose Bala, NBA 1st Vice President and “deployed over 1000 INEC accredited observers drawn from the 128 Branches of the NBA.”

The report noted that despite the challenges faced by INEC and voters at the polling stations, NBA observers “expressed some satisfaction” with the conduct of the election “but have also identified major challenges that should be addressed for future elections.”

Among the challenges identified by the NBA Observers were late arrival of INEC officials and ballot materials at the polling stations; malfunctioning BVAS machines – this caused delay in voter accreditation; few or non-transmission of the results from the polling units to the INEC results portal; insecurity at some polling units including violent attacks on voters and officials; voter intimidation, snatching and destruction of voting materials; significant cases of vote-buying, and limited access facilities for persons living with disabilities.

On voter intimidation, the report said: “The NBA Observers reported incidents of destruction of voting materials by party agents at various PUs, e.g., LDA Zuba Federal Housing Estate, Zuba – Abuja; voters were chased away to go to INEC Headquarters in Ciroma Yahe Kirt/UBA, Borno State; some voters were barred from voting at PU 014, Lagos Mainland Epetedo (Costain), Lagos. In Lagos, there were reports of many party agents threatening voters on the queue for accreditation that they must vote a particular candidate or leave the PU.”

On the issue of collation of results, the report stated that “After the tallying and counting of votes, most PUs polling agents found it difficult to upload the results to INEC portal using the BVAS machine, for various reasons ranging from lack of network to lack of proper skills or clear instructions from INEC.

“In many PUs, it was reported that the INEC server was not opening to enable officials transmit the results such as in PU 096 Gwarimpa, Abuja. In Takur Site Dispensary 002, Jigawar Tsada, Dutse, Jigawa State, INEC officials failed to display election result saying that it cannot instantly upload same via BVAS except it is done at the ward collation centre. As a result, by the time results are being collated at National level, most PU results were not yet uploaded, as had been expected by the INEC guidelines.”

Among other recommendations, NBA urged that “INEC should ensure that all bugs or glitches in the BVAs machines and other election technology are fixed and improved for the 11 March 2023 Governorship and State Houses of Assembly elections, to reduce technical issues experienced in the 25 February elections.”

To read the full report, click below.

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BVAS: OBI, ATIKU, INEC KNOW FATE, AS COURT RULES TOMORROW

The Court of Appeal sitting at Abuja has fixed tomorrow to deliver a ruling on the application by the Independent National Electoral Commission (INEC) to vary its orders retraining INEC from tampering with the Bimodal Voter Accreditation System (BVAS) machines used for the conduct of the 25 February presidential election.

The three-man panel led by Justice Joseph Ikyegh, sitting as Presidential Election Petition Court, set down the case for a ruling after listening to the parties.

CITY LAWYER recalls that the court had earlier granted Mr. Peter Obi of the Labour Party and Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP) access to inspect the sensitive electoral materials including BVAS to enable them file their petitions against the election.

Represented by renowned election petition expert, Dr. Onyechi Ikpeazu (SAN), Labour Party and Obi had argued that the essence of the application was to enable them to extract data embedded in the BVAS “which represent the actual results from Polling Units.”

Urging the court to refuse INEC’s application to vary the order earlier granted to the political parties, Ikpeazu said: “My lords, this is to ensure that the evidence is preserved before the BVAS are reconfigured by INEC. This is because if they are wiped out, it will affect the substance of the case.” He equally applied to obtain the Certified True Copy of all the data in the BVAS.

INEC however disagreed, urged the court to refuse the application.

Speaking through its Lead Counsel, Mr. Tanimu Inuwa, the commission insisted that sustaining the order would affect its preparations for the Governorship and State Assembly Elections scheduled to hold on Saturday.

Inuwa told the court that there are about 176, 000 BVAS machines that were deployed to polling units during the presidential election, adding that “Each polling unit has its own particular BVAS machine which we need to configure for the forthcoming elections. It will be very difficult for us, within the period, to reconfigure the 176, 000 BVAS.”

INEC argued that “We have already stated in our affidavit that no information in the BVAS will be lost as we will transfer all the data in the BVAS to our backend server.

“We need the BVAS configured. So, granting this application will be a clog in the process and may delay the conduct of the elections.”

The political parties had sought the following orders: “An order granting the applicants’ permission to do electronic scanning and make photocopies of voter’s registration, ballot papers used in the conduct of the election for the office of the President of the Federal Republic of Nigeria held on the Feb. 25.

“An order granting leave to the applicants to carry out Digital Forensic Inspection of BVAS machines used for the conduct of the Feb. 25 election for the Office of President of the Federal Republic of Nigeria.”

“An order restraining INEC from tampering with the information embedded in the BVAS machines until the due inspection was conducted and Certified True Copies of them issued”.

Ruling on the earlier application, the court had ordered INEC to allow the applicants to inspect all the electoral materials used in the conduct of the presidential election. It also permitted Labour Party and PDP to do electronic scanning and/or make photocopies of Voter Registration and Ballot Papers used in the conduct of the presidential election.

The court ordered “That leave is hereby granted to the applicants to carry out Digital Forensic Inspection of BVAS machines used for the conduct of the 25 February 2023 election for the office of President of the Federal Republic of Nigeria.”

Meanwhile, the All Progressives Congress (APC) and its presidential candidate, Senator Bola Tinubu have also approached the court for an order to inspect the sensitive materials including the BVAS machines used for the conduct of the election. It was unclear at press time whether a date has been fixed for hearing of the application.

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ELECTION: YORUBA LAWYERS URGE TINUBU TO UNITE NIGERIANS

Lawyers of Yoruba extraction under the aegis of Egbe Amofin O’odua (The Yoruba Lawyers Forum) have congratulated Senator Bola Ahmed Tinubu on his declaration by the Independent National Electoral Commission (INEC) as the winner of the just concluded presidential election.

In a message made available to CITY LAWYER, the umbrella body of Yoruba lawyers stated that “This victory clearly acknowledges your outstanding services and commitment to the nation as well as the trust reposed in you by Nigerians.”

The association noted that Tinubu’s election “comes at a critical stage of our national life when patriotism is at its low ebb,” adding that “Leadership has a job to do than just to choose sides. It must bring sides together.”

Below is the full text of the congratulatory message.

His Excellency,
Asiwaju Bola Ahmed Tinubu,
President-Elect,
Federal Republic of Nigeria.
Your Excellency Sir,

CONGRATULATIONS ON YOUR ELECTION AS THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA.

As you prepare to take up the responsibilities and challenges of your high office, please accept our warm congratulatory greetings as Egbe Amofin O’odua (The Yoruba Lawyers Forum) on your victory and consequent declaration as President-elect of the Federal Republic of Nigeria at the recently concluded 2023 presidential elections.

This victory clearly acknowledges your outstanding services and commitment to the nation as well as the trust reposed in you by Nigerians.

Your election comes at a critical stage of our national life when patriotism is at its low ebb and it is our firm belief that being the natural leader that you are, your emergence and government when eventually constituted, will not only chat a new course for the nation economic growth and international relevance, it will further ensure the resurgence of trust, confidence and interest of all citizens in the “project – Nigeria”.

Leadership has a job to do, than just to choose sides. It must bring sides together. To that extent, we commend to you, the words of Martin Luther King (Jnr) thus; “Now is the time to rise from the dark and desolate valley of segregation to the sun-lit path of racial (tribal and religious) justice. Now is the time to open the doors of opportunity to all of God’s children (Nigerians). Now is the time, to lift our nation from the quicksands of racial (tribal and/or religious) injustice to the solid rock of brotherhood.”

We equally appreciate all Nigerians for the decorum and peace substantially maintained during and after the elections.

We wish the President-elect good health, divine wisdom and a successful tenure.

Long live Egbe Amofin O’odua.
Long live the Federal Republic of Nigeria!!

Most Sincerely,

Aare Isiaka Abiola Olagunju SAN
Chairman, Egbe Amofin O’odua

Adetunji Osho Esq
Secretary, Egbe Amofin Oodua.

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‘ADR AS PANACEA FOR RESOLVING CONSTITUTIONAL DISPUTES,’ BY AGBELUSI

In this article, DR. ADEYEMI AGBELUSI (FCIArb), an internationally accredited Mediator and Arbitrator, argues that instead of fiat and litigation, consensus building is better orchestrated via Alternative Dispute Resolution (ADR) methods.

The legal system has always been an essential aspect of society, particularly when it comes to the resolution of constitutional disputes. However, there are instances where the court system may not be the most effective or efficient method of resolving such issues. This is where Alternative Dispute Resolution (ADR) comes into play.

ADR refers to a range of processes that help parties resolve disputes without resorting to litigation. These processes include mediation, negotiation, and arbitration.

In recent times, there has been a growing need to use ADR methods to resolve constitutional crises. This is because of the perceived inefficiency of the court system when it comes to dispensing justice. In many instances, the courts tend to apply rigid rules and laws to issues before them rather than considering the broader context of the dispute at hand. This often results in an outcome that does not dispense fairness and justice. It also gives rise to judgements which are difficult to enforce or obey, as the courts in this instance cannot use the power of the security forces to compel compliance of the government in which coercive force resides.

A stable and prosperous society is built on consensus. This is what ADR methods offer. Building a society by consensus is a collaborative approach to decision-making that prioritizes collective agreement over unilateral decision-making by a single person or group. This approach ensures that everyone’s voices are heard and considered before any actions are taken, which in turn promotes harmony and unity among members of the society.

The alternative to building a society by consensus is to rely on fiat or litigation, which can be problematic. Fiat refers to decisions made unilaterally by a person or group without input or agreement from others. Such decisions can be met with resistance, and can ultimately result in conflict within the society. Litigation refers to the process of settling disputes through the legal system. This can be time-consuming, expensive, and can further exacerbate tensions within the society.

Building a society by consensus requires that members of the society come together to discuss and negotiate any decisions that need to be made. This involves active listening, empathy, and a willingness to compromise. It also requires that everyone involved be committed to the long-term success and stability of the society, rather than their own individual interests.

Consensus-building can take time, but it ultimately results in stronger and more harmonious societies. This approach allows everyone to feel heard and valued, which in turn fosters a sense of community and belonging. It also helps to avoid the negative consequences of fiat or litigation, such as resentment, division, and legal fees.

ADR methods are focused on finding mutually acceptable solutions to disputes. They allow the parties involved to work collaboratively to resolve the issues in a way that meets their needs and interests. By doing so, ADR methods are able to provide a more fair and equitable solution to constitutional crises.

One of the primary benefits of ADR methods is their flexibility. Unlike the court system, ADR methods are not bound by strict legal procedures and rules. This allows the parties involved to craft solutions that are specific to their needs and interests. This is particularly important in constitutional crises where the issues involved are often complex and multi-faceted.

Mediation, for example, is a common ADR method used to resolve disputes. It involves a neutral third party who helps the parties involved to communicate effectively and find common ground. In the context of constitutional crises, mediation can be particularly effective in bringing together opposing parties to work collaboratively towards a resolution that meets the needs of all parties involved.

Another ADR method that can be effective in resolving constitutional crises is arbitration. This process involves a neutral third party who listens to both sides of the dispute and makes a binding decision based on the evidence presented. While the decision is binding, arbitration is often a more flexible process than litigation, as the parties can agree on the scope of the arbitration and the issues to be resolved.

Negotiation is another ADR method that can be used to resolve constitutional crises. This process requires the parties involved to work together to find a mutually acceptable solution to the issues at hand. Negotiation is often effective in situations where the parties have an ongoing relationship and want to preserve it.

In addition to their flexibility, ADR methods are often faster and less expensive than going to court. This is because they do not involve the same level of legal procedures and formalities as the court system. By using ADR methods to resolve constitutional crises, parties can save time and money while still arriving at a fair and equitable solution.

In conclusion, it has become imperative to deploy ADR methods to resolve constitutional crises. The court system, while important, is not always the most effective or efficient method for resolving complex disputes. Conversely, ADR methods provide a more flexible, fair, and equitable approach to resolving disputes. By using ADR methods, parties can arrive at a mutually acceptable solution that meets their needs and interests, while also saving time and money.

It is time for us to embrace ADR methods as a critical tool for resolving constitutional crises in a way that ensures fairness and justice for all parties. A political solution that is worked on by all concerned parties will need no enforcement and benefit from widespread compliance.

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‘IT IS MANDATORY FOR INEC TO TRANSMIT RESULTS ELECTRONICALLY’ – JUSTICE AJILEYE

There has been heated debate on whether Independent National Electoral Commission (INEC) presiding officers have a mandatory duty to transmit results electronically. Renowned electronic evidence expert and former Judge of Kogi State High Court, Justice Alaba Omolaye-Ajileye tackles the issue.

Today’s piece embodies my reflections on the controversial issue of electronic transmission of election results. What is the position of the law on the issue?

From the onset, it is important to take recourse to the provisions of Section 60 (4) (5) of the Electoral Act. They provide as follows:

60 (4). The presiding officer shall count and announce the result at the polling unit.

60 (5). The presiding officer shall transfer the results including total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission.

The relevant question that arises here is, what is the manner of transfer prescribed by the Commission?

The answer to the above question can be found in Clause 38 of the Regulations and Guidelines for the Conduct of Elections, 2022 which stipulates thus:

Upon completion of all the Polling Unit voting and results, procedures, the Presiding Officer shall:

(i) Electronically transmit or transfer the result of the Polling Unit, ɗirect to the collation system as prescribed by the Commission.

(ii) Use BVAS to upload a scanned of the EC8A to INEC Result Viewing Portal (IReV), as prescribed by the Commission.

Now, what interpretation do we ascribe to the above provisions? Is it mandatory or optional for INEC to transmit the result of a polling unit electronically?

My answer to the above question is that it is mandatory for the presiding officer to transmit the result of a polling unit electronically . First and foremost, it is one of the surest indexes of a progressive and dynamic jurisprudence to seek to know the purpose for the enactment of a statute. It is without doubt that the repeal of the Electoral Act, 2010 (as amended) and the enactment of the 2022 Act, with all the innovations embodied in it, including the introduction of Bimodal Voter Accreditation System (BVAS), the law makers intended that our electoral system be enhanced, transparent and credible, beyond what the situation in the past was. This conclusion becomes inevitable having regard to the use of the word “shall”, which, by literal interpretation, imposes an obligation on the presiding officer to comply with the relevant provisions of the Electoral Act and the INEC Guidelines.

Second, the INEC Guidelines, though a subsidiary legislation, by judicial authorities, had been accorded a place of prominence as part and parcel of the Electoral Act. In APP v INEC (2019) LPELR 48465 (CA), the Court of Appeal aptly held the INEC Guidelines form part of the Electoral Act and non-compliance with them means non-compliance with the Electoral Act. See also: Hon. James Abiodun Faleke v INEC & Anor. (2016) 18 NWLR (Prt. 1543) 61

Furthermore, by virtue Section 160 (1) of the 1999 Constitution (as amended), INEC has the constitutional power to regulate its own procedure or confer powers and impose duties on its officers for the purpose of discharging its functions. Section 148 of the Electoral Act also contains similar provisions to ensure proper discharge of its functions. It follows, therefore, that since the INEC Guidelines are backed up constitutionally and statutorily, they must be invoked, applied and enforced.

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IBA PRESIDENT LAUNCHES ‘IBA WOMEN’S DAY’ TOMORROW

The President of the International Bar Association (IBA), Almudena Arpón de Mendívil Aldama, will tomorrow launch the “IBA Women’s Day,” a worldwide event in celebration of women legal professionals. The event coincides with the 2023 International Women’s Day anniversary.

Conceived by Ms Arpón de Mendívil and developed in collaboration with the IBA Women Lawyers’ Committee, the IBA Women’s Day will see simultaneous events in the form of fireside chats or panels take place across several jurisdictions around the world.

This inaugural event is aimed at guiding the younger generation of female practitioners in their professional careers, with senior women in the law sharing their experiences to reach and maintain senior positions.

The African Regional Forum of the IBA will be participating in this inaugural event by hosting a virtual international women’s day session with participation across several African jurisdictions on Wednesday, March 8, 2023, from 3:00 pm to 4: 00 pm (West African Time).

The Pan-African IBA event is structured as a virtual event hosting a panel discussion on “Gender Equity: Innovation and Technology as Catalysts for Progress.”

The session will be moderated by Yinka Edu, Partner at Udo Udoma & Belo-Osagie. The panellists include:

i. Justice Sanji Monageng, the Botswana High Commissioner to South Africa;
ii. Amina Abugdanpoka Kaguah, Head of Office & Head of Corporate Commercial Practice ENSAfrica, Ghana;
iii. Ruth Sebatindira, Founder Ligomarc Advocates/Commissioner, Judicial Service Commission, Uganda; and
iv. Mayowa Kuyoro, Partner, McKinsey & Company.

The discussions will focus on:

a) each speaker’s experience in reaching the top of their respective positions and maintaining senior positions;
b) the professional barriers that women in the legal profession still face and which stifle the attainment of gender equity;
c) how lawyers across the world are working towards the attainment of gender equity in the legal profession;
d) the role which technology and innovation can play in closing the gender equity gap; and
e) how digital innovation can be harnessed to improve legal services, and any innovative solutions that address the challenges for African lawyers and empower women.

Date: Wednesday, March 8, 2023

Time: 2:00 pm (Ghana),3:00 pm – (Nigeria), 4: 00 pm (Botswana & South Africa), 5:00 pm – (Kenya & Uganda)

To confirm your participation, please click here.

For more information regarding this event, kindly contact Adeola Sunmola (adeola.sunmola@uubo.org), the IBA Women Lawyers’ Committee’s Liaison Officer to the IBA African Regional Forum.

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NBA LAGOS LAW WEEK KICKS OFF JUNE 16

The Nigerian Bar Association, Lagos Branch is set to hold its Annual Law Week from Friday, June 16 to Friday, June 23, 2023.

The theme of this year’s Law Week is, “Facing The Future: Law in a Globalized Economy”. KINDLY SAVE THE DATES.

The theme seeks to interrogate the major question: what role does the law play in a globalized economy? And, in particular, are Nigerian legal practitioners equipped and/or prepared to operate as players in a globalized economy?

Other sub-themes will also look at issues arising from the globalization of the economy and the growing universality of the law, the relevance of Nigerian law to govern international transactions, the skill sets that are required for Nigerian jurists and lawyers to actively play in a globalized economic order, and the vexed question of the regulation of foreign lawyers who seek to practice in Nigeria.

The planning committee has come up with a rich line up of industry experts & panelists who will do justice to the theme & sub themes.

It promises to be interesting and educative!

There will also be the usual week-long line up of events such as Jumat/thanksgiving services, health walk/checks, aerobics/dance classes, football matches, charity visits, elder’s night & a closing themed party.

Towards ensuring a successful event, the Chairman of the Branch, Ikechukwu Uwanna has reappointed Mr. Wale Adesokan, SAN as the Chairman of the Planning Committee for the Law Week while Prof. Abiola Sanni SAN will serve as the Alternate Chairman.

The law week will offer participants opportunities for networking and gaining valuable insights into the latest trends and developments in the law.

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CRITICS BLAST MAIKYAU FOR SCORING ELECTION HIGH

• HE HAS REFUSED TO SIGN NBA OBSERVER REPORT – ODINKALU

These are not the best of times for Nigerian Bar Association (NBA) President, Mr. Yakubu Chonoko Maikyau SAN as he has come under a flurry of criticisms for passing a vote of confidence on the recent General Elections.

Speaking to Shola Soyele on “Law Weekly,’ a CHANNELS TV programme, Maikyau had spoken glowingly about the controversial elections, saying: “I would say that the elections went well. Those who came out were happy to express their franchise. There were challenges, definitely; there were challenges that we got, some infractions. Some of them actually constituted electoral offences. But on the whole, on the whole, I will score INEC as having performed maybe about 78, 80 percent in the delivery of these elections. That will be an A for every exam, notwithstanding all the things that happened – which we are not ignoring.”

This rating did not go down well with most commentators who took to their Twitter handles to lampoon the NBA helmsman.

While leading human rights activist and former Chairman of the National Human Rights Commission (NHRC), Prof. Anselm Odinkalu spotlighted the rating on his verified Twitter handle, many respondents promptly disagreed with Maikyau whose election as NBA President was rejected by his rival, Chief Joe-Kyari Gadzama SAN.

Meanwhile, Odinkalu has alleged that Maikyau has refused to sign the official NBA Election Observers Report, threatening to publish the report if he continues to withhold assent. CITY LAWYER recalls that NBA was one of the observers accredited by the Independent National Electoral Commission (INEC) to monitor the election.

But opening the flood gate of criticisms, Odinkalu wrote on his Twitter handle: “The president of @NigBarAssoc, @YCMaikyauSAN, says he wld score @inecnigeria ‘about 78-80% in the delivery of these elections.’ I’m sure he will tell u to #GoToCourt if u disagree. But it’s still important for u to know what he thinks & to ask him whom he speaks for: The bar?”

Continuing, Odinkalu wrote: “For the record: 1. @NigBarAssoc deployed an election observation team for the presidential election. 2. The #NBA’s election observer team has not yet issued a report. 3. I know for a fact that the @NigBarAssoc election observer team handed in the text of their report to the President of the #NBA at the beginning of this week. 4. I also know for a fact that the President has been unwilling or unable to sign off on the report.”

Responding, one Ike Eso Ogbuji who tweeted @EsoIyke wrote: “The NBA President must have spoken based on his convictions. but I stand firm to say his position does not in any way represent the stance of @NigBarAssoc. I observed the elections and I presume our (NBA) reports were not the bases (sic) upon which this conclusion was reached.”

Mr. Chuma Ngini who tweeted @CNgini wrote: “Exactly. Who does he double speak for?. 80%? after he declined to offer opinion in the Arise TV interview cos he is NBA president. We now know how he contributes to nation-building as NBA president.”

A leading development sector expert, Mr. Stanley Ibe tweeted @ukwuomaibe, saying: “Interesting score. Would be nice to understand the basis for this score. Can we begin with indicators? What indicators make the February 25 elections worthy of this score?”

One Nana who tweeted @nananwadjey wrote: “I’m in severe pain right now. I thought I was going to get a consolation from NBA. I was momentarily blank.”

One Avio, tweeting @Avio09364571, was less sparing, saying: “That man speaks for himself, not us (NBA). I’m sure he’s gotten a pocket full of dollars.”

Dandyson wrote @blesseddandy: “Please call your President to order, else we the Nigerian people will see him as part of the political armed robbers that stole our mandate.”

While one St. Joan of Arc berated the NBA President saying, “You learned colleagues should have voted for Gadzama,” Dr. David Kieghe who tweeted at @dkieghe alleged thus: “It is part of the strategy. PR campaign. Influence the behaviour, words, and actions to legitimise a coronation instead of a democratic elections (sic). BVAS Accreditation + BVAS real time transmission to IReV = polling units real time results = win at polling units = no alterations.”

Another lawyer, Lugard Tare-Otu who tweeted @Lugard_Tareotu wrote: “Honestly, this feedback coming from the President of the Bar is very sad and unfortunate,” while Kassandra Ugochukwu @KassandraUgoch1 wrote: “He speaks for himself and himself alone. I miss Mr. Olumide Akpata,as the NBA President he was fearless. The NBA is going back to the state of ‘As it then was’….”

But it was not all condemnation for the embattled NBA President, as one Amwenche Bitrus @bj_amwenche wrote: “I support his opinion. Earlier there was complaints in uploading results to IREV portal,later they were noise on election malpractices and announcing the presidential election too early. Is fair to rate @inecnigeria 70-80 performance.”

Also joining the fray, one Dan Nigeria who tweeted @Ibrahim11499729 wrote: “Off course he spoke for the Bar. Mind u NBA deployed observers to monitor the elections. He might have spoken based on their report. Though u must not agree with him. But we are with our president on this 100%.”

When CITY LAWYER contacted NBA Publicity Secretary Habeeb Lawal on the allegation that Maikyau is withholding the final NBA Election Observers Report, he debunked the claim. He stated that the association had released two preliminary reports on the election, adding that “The allegation is baseless.”

Lawal stated that NBA has an obligation to send its final report to INEC and also make it available to members, adding that it may await the Governorship and State Assembly Elections before publishing a final report.

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BREAKING: 7 PDP STATES DISCONTINUE SUIT AGAINST TINUBU

Seven state governments controlled by the Peoples Democratic Party (PDP) have withdrawn a lawsuit filed against the Federal Government at the Supreme Court challenging the declaration of All Progressives Congress presidential candidate, Senator Bola Ahmed Tinubu as President-elect. The states are Adamawa, Akwa Ibom, Bayelsa, Delta, Edo, Taraba and Sokoto.

In the suit which had the attorneys-general of the seven states as plaintiffs and the Attorney General of the Federation as defendant, the seven states had asked the Supreme Court to intervene in the just-concluded general elections, arguing that the declaration of Tinubu did not follow the Electoral Act.

They argued that the declaration did not follow INEC’s own laid down guidelines, particularly the uploading of results to the IREV through the BVAS. They also expressed fear of a potential breakdown of public order and civil disobedience, a THISDAY report stated.

The Notice of Discontinuance signed and filed today by the Lead Counsel, Mr. Mike Ozekhome SAN read: “Take notice that the plaintiffs doth hereby wholly discontinue this suit against the defendant herein”.

Details later…..

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TINUBU: COURT GRANTS OBI, ATIKU LEAVE TO PROBE INEC MATERIALS

The Court of Appeal, sitting as the Presidential Election Petition Court, today granted leave to Mr. Peter Obi and Alhaji Atiku Abubakar to inspect sensitive materials used by the Independent National Electoral Commission (INEC) to conduct last Saturday’s presidential election.

The duo had brought applications seeking an order of the court to inspect materials used for the conduct of the election.

A panel of the appellate court led by Justice Joseph Ikyegh made the orders after it heard two separate ex-parte applications the two aggrieved presidential candidates filed alongside their political parties.

Listed as respondents in the election petition cases were INEC, the acclaimed winner of the presidential election, Bola Tinubu, as well as his party, the All Progressives Congress (APC).

The applications were brought pursuant to Section 36(1) of the 1999 Constitution, Section 146 of the Electoral Act 2022, paragraphs 47(1) and 54 of the First Schedule to the Electoral Act 2022, and under the inherent power of the tribunal.

While Obi, in his application that was moved by his team of lawyers led by Mr. Alex Ejesieme (SAN), sought six principal reliefs, Atiku’s lawyer, Mr. Adedamola Faloku, sought seven prayers from the tribunal.

Specifically, the applicants urged the court to compel INEC to allow them to obtain documents in its custody that were used for the presidential election.

According to VANGAURD, the duo maintained that the requested documents would aid their petition against the outcome of the presidential contest that was declared in favour of the APC presidential candidate.

Specifically, Obi sought among other reliefs “AN ORDER granting leave to the Applicants to bring this Application outside or before the Pre-Hearing Session.”

CITY LAWYER recalls that INEC had last Wednesday declared Tinubu, the APC presidential candidate, as winner of the keenly contested election. According to INEC, Tinubu scored a total of 8,794,726 votes to defeat Atiku who polled 6,984,520 votes and Obi who polled 6,101,533 votes.

Obi and Abubakar promptly rejected the results, vowing to challenge it in court.

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BREAKING: SUPREME COURT ‘VOIDS’ NAIRA REDESIGN, REINSTATES OLD NOTES

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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AFAM OSIGWE LEADS 2023 NBA-AGC C’TE

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)

My Dear Colleagues,

You will recall that the 2023 Annual General Conference (AGC) is scheduled to hold from 25 August to 1 September 2023 in the Federal Capital Territory, Abuja, as approved by the National Executive Council (NEC) at its Quarterly Meeting held on 15 December 2022. In furtherance thereof, I have constituted the 2023 Annual General Conference Planning Committee (2023 – AGCPC), pursuant to Section 13(2) of the Constitution of the Nigerian Bar Association, 2015 (as amended in 2021), subject to ratification by NEC.

The Committee comprises the following:

  1. Mazi Afam Josiah Osigwe, SAN – Chairman
  2. Mrs Oyinkan Badejo-Okusanya – Alternate Chairman
  3. Olawale Fapohunda, SAN
  4. Abdul Rafindadi Mohammed, SAN
  5. Beatrice E. Jedy-Agba, OON, mni
  6. Lawan Kaka-Shehu
  7. Rhoda Prevail Tyoden
  8. Dr Agada Elachi
  9. Friday Ramses Onoja
  10. Mrs Amaka Uzuegbu
  11. Salman Alhaji Salman
  12. Mr Isaiah Bozimo (AG Delta)
  13. Laura Alakija – Secretary
  14. Dumo Ambie Barango
  15. Uchechukwu Humphrey Onyekachi
  16. Eva Amadi
  17. John Iyene Owuboki
  18. Mohammed Tajudeen Mohammed
  19. Dr. Banke Alogba
  20. Huwaila Ibrahim Muhammad
  21. Rashidat Mohammed
  22. Abdulrauf Tijani Aboki
  23. Tongshishak John Jude Danjuma
  24. Chika Eucharia Okorie
  25. Ada Ahubelem
  26. Afolabi Olayiwola
  27. Gloria Etim
  28. Deborah Usman
  29. Rotimi Olorunfemi
  30. Rex Erameh
  31. Matthew E. Osume
  32. Amina Suleyman Kaoje
  33. Sani Moyi
  34. Tosin Amadi
  35. Naomi Bankyu
  36. Augustine Ajineh
  37. H. Osayande Bazuaye

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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FALANA, OTHERS LAUD SPIDEL ON PRISON DECONGESTION PROJECT

PRESS RELEASE

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

The training on Section 12 (4-12) of the Nigerian Correctional Service Act 2019 was organized by Nigerian Bar Association Section on Public Interest and Development Law (NBA/SPIDEL) and Prisoners’ Rehabilitation and Welfare Action (PRAWA) on 13th February, 2023.

The training was targeted at building skills of members of NBA, SPIDEL towards implementation of initiatives targeted at activation of section 12 (4-12) of the Nigerian Correctional Service 2019 in partnership with PRAWA. The workshop was attended by 98 participants drawn from the NBA – SPIDEL from across the country, Ministry of Interior, Nigerian Correctional Service, PRAWA, and Journalists.

The Chairman of NBA, SPIDEL, Dr. Monday Ubani welcomed participants to the training and highlighted the importance of the training and urgent need for the decongestion of correctional centers in Nigeria.

Mrs. Omotese Eva, Director, Legal Services, Ministry of Interior in her special remarks, communicated the commitment of the Ministry of Interior to reverse the nagging trend of congestion of Correctional Centers and lauded the partnership of PRAWA and SPIDEL on implementation of activities targeted at achieving this.

Dr Uju Agomoh, the Executive Director of PRAWA, made the presentation on “Decongestion of Custodial Centers & Strategies for Effective Implementation of Section 12 (4-12)) of the Nigerian Correctional Service Act 2019: The Role of NBA, SPIDEL.” Using statistics of Custodial Centers in different states in Nigeria, she was able to illustrate the enormous challenges of over-crowding in some custodial centers in Nigeria and highlighted strategies that can be utilized to address this focusing on Section 12 (4-12) of the Act.

Renowned human rights activist, Mr. Femi Falana SAN made a presentation on “Activating & Sustaining the Reforms – A call for Action to Lawyers.” He observed that what is happening in Nigeria is prison mismanagement, observing that the low population of inmates in custody is not a true reflection the population of Nigeria when compared to other nations in terms of population/ inmates ratio. He noted incessant loss of inmates’ files as one of the hiccups and cited a case of an inmate who was set free by a legal opinion which stated that he had no case to answer but had to spend additional six years in custody due to loss of case file.

The interactive programme saw participants asking questions and making contributions on sundry issues.

Mrs. Ezenobi Blessing Azorbo, Director of Legal Services/Legal Adviser, Nigerian Prison Service reflected on the discussions and commended NBA-SPIDEL and PRAWA for the great work they are doing and for the initiative targeted at decongestion of custodial centres.

Ubani and Agomoh made presentations on “next steps” following the deliberations at the workshop.

The following recommendations were made at the workshop:

  1. There should be synergy between the police, courts and the correctional service so that all will appreciate what is required by law.
  2. There is the need to engage the judiciary on the project.
  3. NBA-SPIDEL needs to sensitize its members to know the importance of the project.
  4. The media should be deployed to give visibility to the project.
  5. There should be designated SPIDEL groups in every state to coordinate activities at that level.
  6. In terms of the appointments by the president and minister, there is need to ensure the activation of all mechanisms as stated in the law.
  7. There should be a centralized database for all detention centres in Nigeria.
  8. Members of NBA human rights committees in all the branches should liaise with magistrates to visit detention centres and secure release of deserving inmates.
  9. Advocacy should be directed to the chief magistrates/judges in states to key into the project.
  10. To resolve the disagreements that occur between the police and magistrates on visitation to police detention centres, there should be an engagement with the office of the Inspector General of Police (IGP) for a smooth working relationship.

The participants commended the Ministry of Interior, NBA-SPIDEL and PRAWA for the steps taken towards activating the implementation of Section 12 (4-12) of the Nigerian Correctional Service Act (2019).

The vote of thanks was delivered by NBA-SPIDEL Council Member, Mr. Emeka Nwadioke.

To volunteer for the NBA-SPIDEL project on decongestion of correctional centres, click here to fill the form.

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SHASORE TO ASK COURT TO QUASH EFCC CHARGE

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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‘JUSTICE AJILEYE WAS A WISE, INCORRUPTIBLE JUDGE,’ SAYS GOV. BELLO

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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DPP FORUM PLOTS CRIMINAL JUSTICE REFORM ROADMAP AT LEDAP PARLEY

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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CRITICISM: ‘LET YOUR JUDGMENTS SPEAK FOR YOU,’ BEN NWABUEZE CENTRE TELLS SUPREME COURT

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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‘APPOINTMENT OF JUDGES LACKS TRANSPARENCY, SAYS JUSTICE AJILEYE

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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NIGERIAN LAW SCHOOL DG IS NEW ‘CHIROMAN MUBI’

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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LEDAP HOSTS DPP FORUM ON CRIMINAL JUSTICE REFORM FEB 16

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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‘DON’T LET MY SON DIE OF KIDNEY AILMENT,’ LAWYER CRIES OUT

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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MAIKYAU WANTS JUSTICE AJILEYE ELEVATED TO APPEAL COURT

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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FALANA LEAD TRAINING TODAY, AS NBA-SPIDEL, PRAWA PARTNER TO DECONGEST PRISONS

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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LAGOS CJ TO PRONOUNCE SURULERE, ETI-OSA JUDICIAL DIVISIONS MARCH 1

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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7 HABITS OF A SUCCESSFUL LAWYER IN NIGERIA

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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