LAWYER SEEKS COURT ORDER TO CARRY AK-47

Fiery human rights lawyer, Chief Malcolm Omirhobo, has sued the Federal Government at the Federal High Court, Abuja seeking an order of the court to bear AK-47 automatic rifle.

Omirhobo, who confirmed levying the suit to CITY LAWYER, also alleged in the suit that the Federal Government has refused to respect the right of Nigerians to keep and bear arms for the preservation of life, liberty and property.

Among the respondents in the suit is the president of Nigeria, the Attorney general of the federation and 74 others.

When the suit came up today, only Lagos, Ebonyi, Adamawa, Akwa Ibom and Edo states were represented in court by lawyers while others sought adjournment of the hearing of the suit.

The judge, Justice Ahmed Mohammed, adjourned the suit to 24 January, 2023 for hearing. He also ordered that the processes including hearing notice be served on the respondents that were yet to be served.

In an originating summon marked FHC/ABJ/CS/1078/2021, Omirhobo stated that the plaintiff and Nigerian citizens are entitled to “right to life, right to dignity of human person, right to personal liberty, right to private and family life, right to freedom of peaceful assembly and association, right to freedom of movement and to reside anywhere in Nigeria and right to own movable and immovable property in Nigeria except when these rights are being derogated or limited by law.”

He asked the court to say whether, by the combined interpretation and/or construction of Sections 3, 6(2)(a)(b)(c)(d)(e) of the Fire Arms Act, Laws of the Federation, 2004 and sections 33(1)(2)(a)(b), 34(1)(a), 35(1), 36, 37, 43 of the 1999 Constitution; sections 281, 282, 286 and 287 of the Criminal Code Act and sections 40, 45, 46 and 47 of the Penal Code Act, it is lawful, legal and constitutional for the 2nd defendant to refuse, fail and/or neglect to grant the plaintiff license to possess and own an A6 147 premium, AK 47 Assault Rifle based on the plaintiff’s application of July 8, 2021, to enable him to exercise his constitutional right to self defence.

He stated that the suit is aimed to protect his life, family and property and also for the safeguard of his fundamental rights as enshrined and guaranteed by the constitution in the face of the high level of insecurity ravaging Nigeria and the inability of the defendants to meet up with their primary responsibility of protecting life and property from the attacks of heavily and well-armed criminals with AK 47, General Purpose Machine Guns (GPMG) and other sophisticated weapons.

In a 123-paragraph affidavit, Omirhobo said the constitution guarantees every Nigerian citizen the fundamental rights to dignity of the human person, personal liberty, private and family life, peaceful assembly and association, freedom of movement and right to own moveable and immoveable property. He added that the constitution gives every Nigerian the right to defend his fundamental rights from unlawful violence.

He said: “In collaboration with the Nigerian constitution, both the Criminal Code Act and Penal Code Act gives every Nigerian citizen the right to self defence by applying the use of such force as they believe on reasonable grounds to be necessary to prevent their fundamental rights to life, the dignity of the human person, personal, liberty, private and family life, peaceful assembly and association, freedom of movement and right to own moveable and immoveable property from unlawful violence.”

Omirhobo prayed the court to declare that the killings, raping, sodomising, extorting, kidnapping, abduction brutalisation, dehumanisation, debasement, destruction of property, the restriction of the freedom of movement and right of residence, freedom of peaceful assembly and association, family and private life and the seizing of property of defenceless Nigerians by heavily armed criminals with unlicensed AK 47 Assault rifle, GPMG and other sophisticated weapons is a violation of these rights and therefore illegal, unlawful and unconstitutional.

He urged the court to declare that it is legal, lawful and constitutional for the 2nd defendant to revoke the gun licenses of Nigerians via proclamation and/or executive order in the face of the high level of insecurity in Nigeria and thereby depriving them of their rights to self-defence and in the process exposing them to the way of harms in the hands of heavily armed criminals with AK 47 Assault rifles GPMG and other sophisticated weapons.

The applicant, according to a news report, therefore asked the court for an order compelling the 2nd defendant and 4th defendant (Inspector General of Police with all the commissioners of police in Nigeria) to renew all expired gun licenses upon application of all Nigerians who are qualified to retain their gun licenses to enable them to exercise their rights to self-defence and safeguard their fundamental rights as guaranteed by the Nigerian constitution from the attacks of heavily and well-armed criminals with sophisticated weapons.

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INIBEHE EFFIONG: NBA WADES IN, VOWS TO RESIST HARASSMENT OF LAWYERS

The Nigerian Bar Association (NBA) has said that it is making moves to secure the release of human rights lawyer, Mr. Inibehe Effiong, even as it warned that it would resist attempts to intimidate and harass lawyers.

In a statement by NBA President, Mr. Olumide Akpata, the association noted that it has mobilized its Uyo Branch members to secure Effiong’s freedom, adding: “While not going into the merits of this particular matter yet, suffice it to say that the NBA is strongly opposed to, and will continue to resist all attempts to intimidate, threaten or harass our members while properly carrying out their professional responsibilities.”

The fiery human rights lawyer was committed for contempt and sentenced to one month imprisonment yesterday by the Chief Judge of Akwa Ibom State, Justice Ekaette Obot.

Titled, “RE: DETENTION OF MR. INIBEHE EFFIONG IN AKWA IBOM STATE,” the statement reads:

“I have received with great concern the news of the detention of one of our members, Inibehe Effiong, at a correctional facility in Akwa Ibom State, on account of what transpired on Wednesday 27 July 2022 during proceedings in the court of the Chief Judge of Akwa Ibom State.

“Since receiving this news, I have been in touch with the Chairman of the Uyo Branch of NBA who has mobilised his team to look into and address this. This morning, I have also mandated the NBA 1st Vice President to visit Uyo immediately to join the ongoing efforts and ensure the release of Mr. Effiong.

“The NBA is therefore on top of this, and I am confident that Mr. Effiong will regain his freedom shortly.

“While not going into the merits of this particular matter yet, suffice it to say that the NBA is strongly opposed to, and will continue to resist all attempts to intimidate, threaten or harass our members while properly carrying out their professional responsibilities.

“The NBA will also not condone acts of indiscipline and insubordination against judicial officers from our members no matter the provocation. Ours is a rule-based profession and there is a procedure for airing grievances. The NBA 1st Vice President will also conduct fact finding investigation to determine what transpired and recommend next steps.”

OLUMIDE AKPATA
NBA President
28 July 2022

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ACTIVIST-LAWYER CAUSES STIR AT SUPREME COURT WITH ‘CROSS DRESSING’

Human rights activist, Chief Malcolm Omirhobo has appeared at the Supreme Court in lawyers’ robes garnished with traditional embellishments.

In trending videos sighted by CITY LAWYER, the lawyer cited a Supreme Court judgement delivered last Friday as having given him “licence” to dress in that manner, noting that he appeared without wearing shoes.

This is coming against the backdrop of a query given to a Bar aspirant by the Nigerian Law School for drinking water during Bar dinner without the use of a glass cup.

According to Omirhobo, “This is how I will be coming (to court). By the Supreme Court judgement we have been given licence to dress in our religious attire because it will be an infringement or a flagrant violation of my fundamental right to freedom of thought, conscience and religion for anybody to stop me.

“You saw, I went into the Supreme Court and we have been given the licence. Even my children will dress like this to the Supreme Court and I will encourage my fellow traditionalists, those who are serving Olokun, and Sango and Sopano, God of Thunder, God of Iron, I will encourage them to dress like this because it is always good to be religious. We need to be close to the spirits.

“You can see, I am not wearing any shoes. Ifa has told me that if I wear shoes, I will be dead. So what will I do? I have to obey the spirits. By the Supreme Court judgement on Friday we have been given licence to dress in our religious attire because it is the mood of our worship.”

Asked whether he could be arrested by security operatives for dressing in that manner, he stated that not even President Muhammadu Buhari can arrest him for that, adding that “It is my fundamental right.”

He vowed to appear in court and present his case in the same outfit, saying the Nigerian Constitution did not bar him from doing so.

It was unclear at press time the judgement the activist was referring to. CITY LAWYER however recalls that the Supreme Court had last Friday given approval to female Muslim students to wear hijab to school in Lagos State.

Watch video here:

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‘ISAAC OGBAH IS SOCIAL ACTIVIST, VOICE OF VOICELESS,’ SAYS ADEGOKE

My name is Wale Adegoke, Esq. I am a Legal Practitioner, Chartered Arbitrator, and the current Vice Chairman of the Nigeria Bar association (NBA) and the Chairman, Human Right Committee.

Hearing about the interest of Isaac Omuta Ogbah, FICMC in contesting for the position of 3rd Vice President of the NBA, I know that the time has come for the real change to galvanize the legacies of the Olumide Akpata administration.

I have known Ogbah for a very long time precisely around 2004-2005 when we worked together as Counsel in the Law Firm of Punuka Chambers at Lake Street, Apongbon, Lagos State. His passion for law is contagious. No wonder he excelled at the interview and was hired. All through the period we were together, he performed creditably and was a model of diligence and discipline.

After his exit from the firm, he had carved numerous niche for himself including setting up of the ‘Erudite Judgements of the Supreme Court’ and publication of several legal texts including the one in intellectual property.

He is a social activist and a voice to the voiceless on critical social issues.

Subsequently, he became the Vice Chairman of the Utter Bar between the periods of 2016–2018 and served as the Chairman from 2018-2020. His administration came out to be trail blazing and standards. He launched the Utter Bar into national prominence and Bar consciousness that catapulted our Branch to the 5th position out of the 125 branches nationwide as at the time.

Isaac Omuta Ogbah, FICMC work ethics is second to none and has the unique skills of innovation, communication, relationship building and philanthropy as his great strengths which will come in handy in his role as the 3rd Vice President [when elected]. He has single handedly spearheaded public/bar related projects without expectation of rewards.

It is for these reasons and many more that I wholeheartedly endorse Isaac Omuta Ogbah for the office of the 3rd Vice President of the NBA.

This is a golden opportunity for the legal profession in Nigeria to have a genuine asset in the person of Isaac Omuta Ogbah onboard our ship who can truly walk the talk.

#ISTANDWITHISAAC

#ISAACFOR3RDVPNBA

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LAWYER ASKS OONI TO REFUND CLIENTS’ N12M OVER FAILED PROPERTY DEAL

A human rights activist and the Lead Partner at Newworth LLP, Mr. Ayo Ademiluyi has urged the Ooni of Ife, His Royal Majesty, Ooni Enitan Ogunwusi to “direct the refund of the amount owed our clients with interest which has accumulated over the years as our clients are going through hardships.”

In a press statement made available to CITY LAWYER, Ademiluyi whose law firm are solicitors to the alleged victims of the failed property deal, said that Noel Unekwu Abdullahi and Onyeji Johnbosco were approached by a limited liability company, Gran Imperio, a real estate company sometime in 2015 to buy 3 bedroom apartment at Golden Park Estate, Lekki for N20 million respectively.

According to the statement, “NOEL paid the 6.139,800 million naira while JOHNBOSCO paid 6million naira. After several months of waiting, nothing was built. The duo wrote to the Company to refund their money but to no avail.”

Below is the full text of the statement.

HIS ROYAL MAJESTY, OONI ENITAN OGUNWUSI, OONI OF IFE SHOULD REFUND FUNDS OF DUO OF NOEL UNEKWU ABDULLAHI AND ONYEJI JOHNBOSCO

BEING TEXT OF A PRESS CONFERENCE HELD AT NEWWORTH LLP, 17, AJASA STREET, LAGOS ISLAND, LAGOS STATE ON THURSDAY, 21ST APRIL, 2022

We are Solicitors to the duo of NOEL UNEKWU ABDULLAHI and ONYEJI JOHNBOSCO (“our clients”) .

The instructions of our clients are that a limited liability company, Gran Imperio, a real estate company approached NOEL and JOHNBOSCO, sometime in 2015 to buy 3 bedroom apartment at Golden Park Estate, Lekki for 20 million naira, respectively.

The Company agreed that they pay in tranches starting with 6million each, as first deposit while they construct the apartment in phases as well and within a given time frame.

NOEL paid the 6.139,800 million naira while JOHNBOSCO paid 6million naira. After several months of waiting, nothing was built. The duo wrote to the Company to refund their money but to no avail.

We conducted a search of Gran Imperio Limited and Metropole Interprojects Limited, we found out that the person of OONIRISA ADEYEYE ENITAN OGUNWUSI is a Director in both companies .

The previous Counsel to our clients contacted the lawyer to the Gran Imperio Group of Companies named Lanre Jolaoso Esq., who afforded the previous Counsel the new Manager’s number, Mr Akin.

Yet, despite correspondences and calls by the previous Counsel with Manager, it has not yielded any fruit since 2020.

The previous counsel sent correspondences to the Palace through UPS courier and through a friend who traveled all the way from Lagos and to the Palace to serve demand notice to his majesty along with an application letter see his majesty.

Equally, calls made by the previous Counsel to the Palace Secretary on same, yielded no fruit whatsoever and howsoever.

We are constrained to make a dispassionate appeal to the esteemed Ooni of Ife, OONIRISA ADEYEYE ENITAN OGUNWUSI as a Director in these companies to direct the refund of the amount owed our clients with interest which has accumulated over the years as our clients are going through hardships.

AYO ADEMILUYI ESQ.
Lead Partner,
Newworth LLP

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FCTA APPOINTMENTS: COURT TO HEAR SUIT AGAINST FG FEB. 2

The Federal High Court sitting in Abuja will on February 2, 2022 hear the suit brought by fiery human rights activist, Mr. Maxwell Opara challenging the appointment of mandate secretaries for the Fdereal Capital Territory (FCT).

In a statement made available to CITY LAWYER, Opara said: “Gentlemen of the Press, just to inform you that FEDERAL HIGH COURT 6 PRESIDED BY HON. I. E EKWO has slated 2nd February, 2022 to hear a matter filed by me Barr. Maxwell Opara challenging the lopsided appointment of FCT MANDATE SECRETARIES by Hon. Minister of FCT with the approval of the President.”

It is recalled that Opara had dragged President Muhammadu Buhari and the Minister of the Federal Capital Territory (FCT), Mallam Mohammed Bello before the Federal High Court over an alleged violation of the Federal Character Act in the appointment of Permanent Secretaries, Executive Secretaries, Personal Aides, Directors and other staff of the Federal Capital Territory Administration (FCTA).

The suit marked FHC/ABJ/CS/1523/2021 has the FCT Minister, President of the Federal Republic of Nigeria, Attorney General of the Federation and the Federal Character Commission as defendants.

The plaintiff is seeking an order of the court directing the FCT Minister and other defendants to comply with the provisions of Sections 4(1)(a)(b) and 5 of the Federal Character (Establishment) Act in appointments in all cadres of posts in FCTA.

Opara, who formulated three issues for the determination of the court, also wants the court to declare that the Federal Character Commission (FCC) is empowered by law to formulate principles and guidelines for the application of the federal character principle of fairness and equitable distribution of all cadre of posts in the federal government of Nigeria and to ensure compliance to the said formula.

He also prayed the court to declare that the 1st to 3rd defendants are under obligation to comply with the provisions of Part 1, Section 1 to 9 and Part III, Section 4 and 5 of the guiding principle and formulae for distribution of all cadre of posts and in appointments into all cadre of posts into the Federal Capital Administration.

He prays for “A declaration that the recent appointment on. 23 of November, 2021 of Perm-Secs, executive secretaries and other staffers if FCTA by 1st to 3rd defendants clearly offends sections 4(1)(a)(b) and 5 of the Federal Character Commission (Establishment, etc) and provisions of Part 1, sections 1 to 9 and Part III, section 4 and 5 of the guiding principle and formulae for distribution of all cadre of posts made pursuant to section 4(1)(a) of the Federal Character Commission (Establishment, Etc) Act and accordingly the said appointments are void”.

In a 20-paragraph affidavit deposed by the plaintiff, he said recently, the FCT Minister in conjunction with other defendants appointed political, ministerial and other staff of FCTA against the Federal Character principle.

According to REFLECTION, Opara alleged that the appointments as done by the FCT Minister favoured people who are mostly from the northern part of the country.

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FCTA APPOINTMENTS: LAWYER SUES BUHARI, CLAIMS BIAS

A human rights activist, Mr. Maxwell Opara has dragged President Muhammadu Buhari and the Minister of the Federal Capital Territory (FCT), Mallam Mohammed Bello before a Federal High Court in Abuja over an alleged violation of the Federal Character Act in the appointment of Permanent Secretaries, Executive Secretaries, Personal Aides, Directors and other staff of the Federal Capital Territory Administration (FCTA).

The suit marked FHC/ABJ/CS/1523/2021 has the FCT Minister, President of the Federal Republic of Nigeria, Attorney General of the Federation and the Federal Character Commission as defendants.

The plaintiff is seeking an order of the court directing the FCT Minister and other defendants to comply with the provisions of Sections 4(1)(a)(b) and 5 of the Federal Character (Establishment) Act in appointments in all cadres of posts in FCTA.

Opara, who formulated three issues for the determination of the court, also wants the court to declare that the Federal Character Commission (FCC) is empowered by law to formulate principles and guidelines for the application of the federal character principle of fairness and equitable distribution of all cadre of posts in the federal government of Nigeria and to ensure compliance to the said formula.

He also prayed the court to declare that the 1st to 3rd defendants are under obligation to comply with the provisions of Part 1, Section 1 to 9 and Part III, Section 4 and 5 of the guiding principle and formulae for distribution of all cadre of posts and in appointments into all cadre of posts into the Federal Capital Administration.

He prays for “A declaration that the recent appointment on. 23 of November, 2021 of Perm-Secs, executive secretaries and other staffers if FCTA by 1st to 3rd defendants clearly offends sections 4(1)(a)(b) and 5 of the Federal Character Commission (Establishment, etc) and provisions of Part 1, sections 1 to 9 and Part III, section 4 and 5 of the guiding principle and formulae for distribution of all cadre of posts made pursuant to section 4(1)(a) of the Federal Character Commission (Establishment, Etc) Act and accordingly the said appointments are void”.

In a 20-paragraph affidavit deposed by the plaintiff, he said recently, the FCT Minister in conjunction with other defendants appointed political, ministerial and other staff of FCTA against the Federal Character principle.

According to REFLECTION, Opara alleged that the appointments as done by the FCT Minister favoured people who are mostly from the northern part of the country.

No date has been fixed for the hearing of the suit which was filed on December 1, 2021.

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ODINKALU APPOINTED PROFESSOR BY TOP US VARSITY

Vocal human rights activist, Professor Chidi Odinkalu has been appointed a ‘Professor of Practice’ by one of America’s elite universities, Tufts University.

In a press release dated July 14, 2021 the leading university stated that Odinkalu, a former Chairman of Nigeria’s National Human Rights Commission (NHRC), “will join Fletcher’s multi-disciplinary faculty focused on preparing tomorrow’s leaders to use the latest legal, political, economic, and business thinking to generate policies and inform decisions that shape global events.”

According to Kelly Sims Gallagher, Academic Dean at The Fletcher School, “Chidi Odinkalu is a renowned human rights activist with a distinguished record of public service who has spent more than three decades working at the front line of human rights law and research, development advocacy, international institutional law and governmental policy.”

The statement added that Odinkalu’s “profound contributions to the advancement of human rights intersect with Fletcher’s mission and core values,” adding that “We are delighted to welcome him to the Fletcher community.”

Tufts University is reputed as a leader in American higher education, distinctive for its success as a moderately sized university that excels at research and providing students with a personal experience. According to the university “Our unique combination of research and liberal arts attracts students, faculty and staff who thrive in our environment of curiosity, creativity and engagement.”

Below is the full text of the press release.

Human Rights Activist Chidi Odinkalu joins The Fletcher School
July 14, 2021

The Fletcher School is pleased to announce the appointment of international human rights law expert Chidi Anselm Odinkalu, PhD to a Professor of Practice faculty position for a three-year term beginning in the Fall of 2021.

He will join Fletcher’s multi-disciplinary faculty focused on preparing tomorrow’s leaders to use the latest legal, political, economic, and business thinking to generate policies and inform decisions that shape global events.

“Chidi Odinkalu is a renowned human rights activist with a distinguished record of public service who has spent more than three decades working at the front line of human rights law and research, development advocacy, international institutional law and governmental policy,” remarked Kelly Sims Gallagher, Academic Dean at The Fletcher School.

“His profound contributions to the advancement of human rights intersect with Fletcher’s mission and core values,” she added. “We are delighted to welcome him to the Fletcher community.”

Odinkalu’s background reflects an extensive record of research, publishing and teaching in the areas of human rights, development law and public policy throughout Africa, Europe and the US.

Most recently, he was part of a three-member team that mediated the readmission of The Gambia into the Commonwealth, where he litigated human rights before national and regional courts as well as in transnational contexts.

From 2011 to 2015, he chaired Nigeria’s National Human Rights Commission, the country’s lead institution for the protection of human rights and promotion of human rights policy. He also worked within human rights philanthropy.

For 10 years prior, he was involved in drafting the Protocol for the African Court on Human and Peoples’ Rights through to adoption by the Organisation of African Unity (OAU), in Ouagadougou, Burkina Faso in 1998.

In 2004, he led the advocacy effort for its entry into force with the creation of the Coalition for the African Court on Human and Peoples’ Rights. For more than three years, until 1993, Odinkalu was head of legal services for the Civil Liberties Organization in Lagos, where he was responsible for litigation, advocacy and constituent building strategies, as well as managing relationships with the military government and its institutions.

“I am honored to join the Fletcher community and look forward to working with Fletcher’s students, faculty and administration to apply intellectual and strategic innovation to the most pressing challenges in governance and international human rights law,” said Odinkalu.

A native of Nigeria born into internal displacement during the country’s civil war, he received his PhD in law from the London School of Economics and Political Science.

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