• ‘NBA PRESIDENT A SERIAL VIOLATOR OF COURT ORDERS’

• ASKS C’TE TO PUNISH TWO SENIOR ADVOCATES, CARETAKER SCRIBE

• LPDC ACKNOWLEDGES PETITIONS

The estranged Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has asked the Legal Practitioners Disciplinary Committee (LPDC) to commence disciplinary proceedings against outgoing NBA President, Mr. Yakubu Maikyau SAN among others for alleged professional misconduct.

In exclusive documents obtained by CITY LAWYER, the Executive Committee also asked the LPDC to sanction members of the NBA-SPIDEL Caretaker Committee, including Mr. Steve Adehi SAN (Chairman), Mr. Yakubu Philemon SAN (Co-Chairman) and Mr. Ben Oji (Secretary).

The petition was titled “PETITION AGAINST YAKUBU CHONOKO MAIKYAU, SAN, A NIGERIAN LAWYER DULY CALLED TO THE NIGERIAN BAR WITH HIS NAME ON THE ROLL OF LAWYERS KEPT IN THE SUPREME COURT FOR THE VIOLATION OF THE EXTANT RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS PARTICULARLY RULE 1 AND 30 OF THE SAID RULES BY DISOBEYING VALID COURT ORDERS AND DISRESPECTING THE PRINCIPLES OF LIS PENDENS IN PENDING CASES.”

It was signed by Mr. John Aikpokpo-Martins and Ms. Funmi Adeogun “For themselves and on behalf of the members of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL).”

According to the duo, “Mr. Yakubu Chonoko Maikyau, SAN (hereinafter simply referred to as the Respondent) the subject of this petition, being a legal practitioner, a Senior Advocate of Nigeria, and the current President of the Nigerian Bar Association (NBA) is reasonably expected to be guided by respect for the rule of law. Mr. Yakubu Chonoko Maikyau, SAN is expected to exhibit and maintain a very high standard of conduct, professionalism, and respect for the integrity of Nigeria’s courts and the judicial process.

“The Respondent has by his actions while discharging his duties as the President of the NBA and also as a legal practitioner has brought the profession into ridicule and has infracted on the provision of the Rules of Professional Conduct and we hereby petition the very esteem body to investigate the Respondent and if found wanting to discipline him as this body may find appropriate.”

Setting out the grounds of the petition, the petitioners stated “That the Respondent does not promote or uphold the rule of law nor is he guided by the rule of law or respect for laws, rules, due process and procedures in the discharge of his duties as the President of the Nigerian Bar Association. He has not promoted the cause of justice, maintain a high standard of professional conduct and has engaged in conducts unbecoming of a legal practitioner.

”That the Respondent is a serial violator of court orders and the settled legal principle of lis pendens.

“That the Respondent on the 29th day of February, 2024 willfully disobeyed an order of a Delta State High Court not to tamper with the subject matter of a pending application for injunction in Suit No. HOR/13/2024: ECHEHO GODFREY vs YAKUBU MAIKYAU, SAN & 2 ORS.

“That the Respondent unlawfully caused Ten Million Naira (N10,000,000) to be withdrawn from the account of SPIDEL while Suit NO. EHC/40/2024: JOHN AIKPOKPO-MARTINS v YAKUBU MAIKYAU & 2 ORS and Suit No. W/128/2024: JOHN AIKPOKPO-MARTINS V BEN OJI & ANOR were pending at the Delta State High Court. Whereas, the account being the property of SPIDEL forms part of the subject matter in the pending said cases.

“That on 9th July, 2024, the Delta State High Court in Suit No. W/128/2024: John Aikpokpo-Martins v Ben Oji & Anor granted an order postponing the “NBA-SPIDEL 2024 Annual Conference” indefinitely and restrained the NBA (of which the Respondent is the President and the controlling mind), their appointees, staff, agents, privies, or anyone taking authority or instructions from him and the NBA with regard to the organizing and holding of any such conference on the 18th of July, 2024 pending the hearing of the Motion on Notice for interlocutory injunction. The motion for interlocutory injunction was adjourned to the 16th and 30th of July, 2024 for hearing.

“That the Respondent was served with Form 48 (Notice of consequences of disobedience of the order of court) and the said Order of the Honourable Court as the President of the NBA, the 2nd defendant in the case.

“That on the 16th July, 2024, Mr. Ama Etuwewe, SAN, on the instructions of Mr. Yakubu Maikyau, SAN, represented the Nigerian Bar Association in the proceedings. The Delta State High Court confirmed – with the consent of the parties and their counsel – that the aforementioned order of court made on the 9th of July, 2024 was still in force. Effectively, NBA’s attempt to arrest the interim order failed, as the court restated in unmistaken terms that its interim order of 9th July, 2024 was still in force until the next adjourned date of 30th July 2024.

“That by virtue of the filing of processes on behalf of the NBA and their legal representation by Mr. Ama Etuwewe, SAN in court on 16th July, 2024, the Respondent being President of the Nigerian Bar Association, the 2nd defendant in the said suit, became fully seised of the said order of the Delta State High Court restraining the NBA from holding or organizing the purported NBA-SPIDEL Annual Conference.

“That notwithstanding the said order of the Delta State High Court postponing the so-called annual conference and restraining the NBA from holding the conference, the Respondent proceeded to host and organize the said event on the 18th of July, 2024, to the shock of all legal practitioners and members of the public.

“That consequent to the above, FORM 49 which is an application to commit the Respondent to prison for disobedience of court order was filed and also supported by affidavit of facts. An application for committal to prison of the Respondent and others was also filed and currently pending before the Delta State High Court, Warri in Suit No. W/128/2024: John Aikpokpo-Martins, v Ben Oji & the NBA.

“That Yakubu C. Maikyau, on the 28th day of July, 2024 personally deposed on oath to an affidavit, which said affidavit is attached in support of the motion for recusal and transfer of Suit No. W/128/2024: John Aikpokpo-Martins v Ben Oji & Anor. In the said affidavit, the Respondent admitted that he was informed by his counsel, Ama Etuwewe, SAN and Ben Oji of the proceedings of the 16th of July, 2024 and the subsisting Order of Court restraining the NBA and himself from proceeding with the SPIDEL 2024 Annual Conference on the 18th day of July, 2024.

“That the Respondent admitted by the said affidavit sworn on oath that he had knowledge of the order of the Delta State High Court. Still he, proceeded to hold a so-called SPIDEL 2024 Annual Conference on the 18th of July, 2024 in total disobedience and disregard for the said order of the Delta State High Court.

“Consequent upon the show of shame, sheer arrogance, bravado and disdain for the rule of law, contemptuous disrespect for the orders of courts, and disregard for the rules of professional conduct, the Executive Committee of SPIDEL resolutely resolved to refer this matter to this most distinguished Body for necessary action and in furtherance of the mandate of NBA-SPIDEL. Accompanying this petition are copies of my affidavit of fact with exhibits annexed in support of the petition.”

The petitioners prayed the LPDC “to immediately commence the disciplinary process and prosecute Yakubu Chonoko Maikyau, SAN for the violation of the provisions of the Rules of Professional Conduct to with:

“For failure and refusal to uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and for engaging in conducts unbecoming of a legal practitioner.

“For conducting himself in a manner that obstructed and adversely affected the administration of justice in Suit No. HOR/13/2024 and Suit No. W/128/2024.”

CITY LAWYER recalls that the estranged NBA-SPIDEL Executive Committee had urged the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN to recall Maikyau from the Permanent Court of Arbitration (PCA) at The Hague for similar reasons.

The Executive Committee was dismissed by the NBA National Executive Council for allegedly usurping the powers of NBA President. while the committee has dragged the association to court to reverse its sack.