EXCLUSIVE: BODY OF BENCHERS ‘STEPS DOWN’ AKPATA’S RETURN AS MEMBER

* DEMANDS CURRICULUM VITAE

* REJECTS MAIKYAU’S PLEA

* ‘MULLS’ NBA-NEC APPROVAL

The Body of Benchers, Nigeria’s elite regulatory authority for the legal profession, has “stepped down” consideration of the nomination of the immediate past Nigerian Bar Association (NBA), Mr. Olumide Akpata as an NBA representative to the body, CITY LAWYER can authoritatively report.

This is coming against the backdrop of the approval of two other NBA nominees, Mr. Solomon Umoh SAN and Mr. Sule Usman Ogwu SAN, by the body. While Umoh is returning to the elite body, Ogwu joins the body as a new member. The duo were among the three names forwarded by NBA President, Mr. Yakubu Maikyau SAN to the Body of Benchers for approval as NBA representatives.

CITY LAWYER gathered from unimpeachable sources that trouble started for Akpata when the retired Justice Umaru Abdullahi-led Appointments Committee noted that his curriculum vitae was not submitted alongside the Letter of Nomination as required by the Body of Benchers.

Sources told CITY LAWYER  that Maikyau, at the last pre-Call to Bar meeting held penultimate Monday, took responsibility for the omission and noted that it had been corrected, while urging the benchers to approve Akpata’s nomination.

Following interventions on both sides, CITY LAWYER gathered that the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN stated that the procedure must be rigorously applied, even as he hinted at an additional hurdle of seeking NBA National Executive Committee (NEC) approval for Akpata’s nomination. Olanipekun had added that that was the procedure during his tenure as NBA President.

Sources who spoke to CITY LAWYER however stated that NBA-NEC approval is not statutorily required for nomination as NBA representative to the Body of Benchers. According to a CITY LAWYER source who was at the meeting, “Any suggestion that NBA-NEC approval is required for Body of Benchers appointment is, with respect, totally misconceived. It is only appointment to the National Judicial Council (NJC) that must be subjected to NBA NEC approval. I believe that Akpata’s predicament is more political than otherwise.”

The source wondered why the nomination of a former NBA President would be put in abeyance on the basis that his curriculum vitae was not attached, adding that his pedigree both as an erstwhile member of the Body of Benchers and an immediate past NBA President “are notorious facts.”

It was unclear whether Maikyau would request NBA-NEC approval at tomorrow’s meeting for Akpata’s nomination.

Though CITY LAWYER sought a response from Body of Benchers spokesman, Mr. Daniel Tela on whether the body actually requested an NBA-NEC approval prior to confirming Akpata’s nomination, he was yet to respond at press time.

The NBA and Body of Benchers have been at loggerheads over a call by the lawyers’ body for Olanipekun to recuse himself as the benchers’ chairman following an allegation of solicitation by his co-partner, Ms. Adekunbi Ogunde.

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 from his client, 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), an arm of the Body of Benchers.

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‘I HAVE NOTHING TO DO WITH BENCHERS’ BUILDING PROJECT,’ SAYS NJC SCRIBE

The Secretary of the National Judicial Council (NJC), Mr. Ahmed Gambo Saleh has told CITY LAWYER that he has no connection whatsoever with the building of the recently commissioned national headquarters of the Body of Benchers (BoB).

CITY LAWYER had reported that a three-man panel was set up by the Body of Benchers to probe the allegation by former Court of Appeal President and Member of the BoB Building Committee, Hon. Justice Umaru Abdullahi concerning payment of N800 million to Boygues (now BGL Nigeria Limited) without following due process.

In a telephone conversation with CITY LAWYER, Saleh stated that he was not under any probe, adding that “I have absolutely nothing to do with the (Body of Benchers) project.”

Saleh stated that the NJC only made disbursement to the Body of Benchers in line with its approved budget by the National Assembly, adding that while the project was initially billed to cost N13 billion, it was pruned down through due diligence.

He noted that every court and judicial body prepares and defends its budget at the National Assembly, adding that “the project had its own personnel. I do not disburse money on projects. I am not a part of the project. I did not administer the project. I only disburse funds to courts and judicial bodies based on budgets approved by the National Assembly.”

In a veiled confirmation of the probe, Saleh told CITY LAWYER that a report on the investigation had been submitted to the Body of Benchers in plenary, adding that he was not indicted by the report.

He said that his travails were being orchestrated by a “sponsor.” He warned CITY LAWYER to either retract the report and apologise “or I will report you to LPDC or EFCC.” The apparently angry NJC scribe also said that he would not hesitate to explore a legal action in the matter.

Though the Secretary of Body of Benchers, Mr. Daniel Manasseh Tela said that he would get back to CITY LAWYER “with the facts” of the matter, a source who was at the BoB meeting told CITY LAWYER that the probe report generated serious controversy during deliberation in plenary, “especially as it related to conflict of interest regarding a member of the probe panel.”

CITY LAWYER gathered that the report determined that there was no case of culpability against any official, and was eventually adopted by the general meeting.

CITY LAWYER had reported that the Body of Benchers had on February 24, 2022 set up an investigative committee headed by Senator Mike Ajegbo SAN to investigate the disbursement of the N800 million. Other members of the probe panel are former Chief Judge of FCT High Court and current Chairman of the Legal Practitioners Disciplinary Committee (LPDC), Justice Ishaq Bello and Mr. Adeniji Kazeem SAN.

Saleh joined the Supreme Court in 2008 as a Special Assistant to the Chief Justice of Nigeria. Between 2010 and 2014, he was the Deputy Chief Registrar (Litigation Department). He was elevated to the position of Chief Registrar in 2014, until July 1, 2017 when he was appointed Secretary of the National Judicial Council.

He was recently accused of involvement in a N10 billion “bribe and federal racketeering” allegedly being investigated by the Economic and Financial Crimes Commission (EFCC). The report was promptly dismissed by NJC spokesman, Mr. Soji Oye who stated that the allegation was aimed to “smear the good image of Ahmed Gambo Saleh at all cost.”

According to Oye, “It is imperative for the members of the public to be aware that before his emergence as the secretary of the NJC, some forces who tried to scuttle his appointment as the secretary of the council have re-emerged with antics aimed at tarnishing his image and bringing his good name to disrepute.”

He said that “It is on record that these forces, in a bid to stop his emergence as the NJC Secretary after the interview to consider his appointment, came up with false allegations in the media alleging that he had diverted N2.2 billion from the Supreme Court from 2009 to 2016 on the day the council meeting was to hold.”

The NJC also dismissed the charges filed against Saleh by the Federal Government in November 2016, saying the case was withdrawn by the Attorney-General of the Federation because “the charges could not be substantiated”. It added that “It should be noted that there has never been a time when Mr. Saleh admitted committing any crime before anybody or law court.”

The NJC stated that “The sponsors of these malicious allegations believe they own the Judiciary and nobody can become anything within the Judiciary without their approval.

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EXCLUSIVE: BENCHERS PROBE NJC SCRIBE OVER N800M PAYMENT

The Body of Benchers (BoB) has set up a three-member committee to investigate the payment of about N800 million to a contractor by the Secretary of the National Judicial Council (NJC), Mr. Ahmed Gambo Saleh, CITY LAWYER can authoritatively report.

Impeccable sources told CITY LAWYER that the probe was as a result of an “alarm” raised by former Court of Appeal President and Member of the BoB Building Committee, Hon. Justice Umaru Abdullahi concerning payment of the money to the contractor “without following due process.”

One of the sources told CITY LAWYER that the former Court of Appeal helmsman has a “prominent role in monitoring and payments.” The Building Committee is chaired by Mrs. Hairat Balogun, unanimously elected the first female Chairman of the Body of Benchers in 1998.

Appointed on February 24, 2022, the investigative panel is headed by Senator Mike Ajegbo SAN. Other members are former Chief Judge of FCT High Court and current Chairman of the Legal Practitioners Disciplinary Committee (LPDC), Justice Ishaq Bello and Mr. Adeniji Kazeem SAN.

The payment was made in respect of the Body of Benchers building which was funded by the NJC, with Saleh as the “Accounting Officer,” said the source.

CITY LAWYER gathered that a crisis of confidence may also be rocking the committee as a member of the investigative panel is alleged to be a Director in the beneficiary company.

There are strong indications that the committee’s report will be presented by the committee at the next meeting of the Body of Benchers scheduled for September 29, 2022.

CITY LAWYER was unable to reach the former Supreme Court Chief Registrar for comments, as repeated calls to his verified telephone number returned the message that the telephone was “switched off.” A text message to the telephone number did not receive any response at press time.

Saleh joined the Supreme Court in 2008 as a Special Assistant to the Chief Justice of Nigeria. Between 2010 and 2014, he was the Deputy Chief Registrar (Litigation Department). He was elevated to the position of Chief Registrar in 2014, until July 1, 2017 when he was appointed Secretary of the National Judicial Council.

He was recently accused of involvement in a N10 billion “bribe and federal racketeering” allegedly being investigated by the Economic and Financial Crimes Commission (EFCC). The report was however promptly dismissed by NJC spokesman, Mr. Soji Oye who stated that the allegation was aimed to “smear the good image of Ahmed Gambo Saleh at all cost.”

According to Oye, “It is imperative for the members of the public to be aware that before his emergence as the secretary of the NJC, some forces who tried to scuttle his appointment as the secretary of the council have re-emerged with antics aimed at tarnishing his image and bringing his good name to disrepute.”

He said that “It is on record that these forces, in a bid to stop his emergence as the NJC Secretary after the interview to consider his appointment, came up with false allegations in the media alleging that he had diverted N2.2 billion from the Supreme Court from 2009 to 2016 on the day the council meeting was to hold.”

The NJC also dismissed the charges filed against Saleh by the Federal Government in November 2016, saying the case was withdrawn by the Attorney-General of the Federation because “the charges could not be substantiated”. It added that “It should be noted that there has never been a time when Mr. Saleh admitted committing any crime before anybody or law court.”

The NJC stated that “The sponsors of these malicious allegations believe they own the Judiciary and nobody can become anything within the Judiciary without their approval.

“It is important to reiterate that there is no iota of credibility in the petition as they are not after the truth but are out to smear the good image of Ahmed Gambo Saleh at all cost.”

CITY LAWYER recalls that the Attorney-General and Minister of Justice, Mr. Abubakar Malami (SAN) had, while speaking at a recent Nigerian Bar Association (NBA) Justice Sector Summit in Abuja, taken a swipe at the Judiciary for lack of transparency and accountability, asking why the N104 billion provided for the Judiciary in the 2021 Budget was insufficient. He stated that the Executive was not in a position to answer “because their (judiciary’s) books are not open.”

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