AKPATA

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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NBA AND CHALLENGE OF LAW SOCIETY OF NIGERIA

LSN : IS NBA’S MONOPOLY UNDER THREAT?

By Abdulrasheed Ibrahim

This is another interesting period for the Nigerian Bar Association (NBA) as recently a group of lawyers released a press statement saying they have founded a new lawyer association to be known as Law Society of Nigeria (LSN) and rolled out the names of their protem National Executive. In their own very words in a letter said to have been sent to the Chairman of the Body of Benchers: “The Law Society of Nigeria (LSN) was founded and registered as a national organization of Lawyers admitted to practice law in Nigeria. The LSN, with membership , spread all over Nigeria, exists to empower the legal profession with quality member service (high standards of learning , competence , and profession conduct) ; facilitates access to justice , maintain and advance the cause of justice ;and promote the rule of law…”

What came to mind immediately I saw the press release was the nature of politics in Nigeria which I once referred to as a “big comedy” .When I said that, not many people particularly the lawyers took me very serious. In stating what was in my mind after reading the LSN’s press release, I said “This reminds me of the nPDP when some PDP politicians fell out with GEJ, they ran to APC but today most of them are back in the PDP trying to send APC packing. In the wake of NBA Vs. El-Rufai’s disinvitation to the NBA conference, some lawyers threatened to form NNBA .Is their threat now coming to reality? The other day when Chief Akintola SAN talked about some lawyers that don’t know the geography of the court, I saw the handwriting on the wall that there is every likelihood of split in the NBA but I kept quite because I don’t want to be tagged “a prophet of doom”. Now, who says a writer is not a soothsayer!”

In all honesty, I may not belong to the same school of thought with Chief Niyi Akinola (SAN), but I always admire him for one thing. He is a very bold and fearless lawyer that does not hide his feelings. Not many lawyers today know that Chief Akintola has been a lawyer activist as far back as 70s when as a young lawyer, he was involved in what has become to be known as ‘AKINTOLA AFFAIRS” in the history of conflict between the Bar and the Bench, when he had a brush with a prominent member of the bench that later led to the NBA’s emergency NEC meeting of 6th November 1971 where the NBA protested the conviction of its member who was lawfully discharging his duty as counsel to his client. You can read the details in my article titled: HAS THE FRATERNITY BETWEEN THE BAR AND THE BENCH GONE ON FLIGHT? That was just to illustrate how bold and fearless Chief Akintola has been. Sometime in 2020, Chief Akintola expressed the view that Nigerian lawyers were free to break away from the NBA which generated a lot of controversies among lawyers the same way his recent view generated controversies when he referred to a former NBA President as a “boy”. Is LSN heeding the call of the Learned Silk?

Although the LSN is yet to be directly linked to Chief Niyi Akintola SAN, but LSN has said that: “As a Society of lawyers in Nigeria, called to the Nigerian Bar under auspices of the Body of Benchers, the Law Society and its members are subject to the authority of the Body of Benchers and other regulatory organs as established by the Legal Practitioners Act. We commit ourselves to work with the Body of Benchers to ensure quality legal service delivery.” What is yet to be cleared as at the time of writing this is my article was whether the Body of Benchers under the Chairmanship of Chief Wole Olanipekun, SAN, CFR, a former NBA President has endorsed or approved the emergence of LSN. Chief Akintola is a closed ally of Chief Olanipekun. Already a new twist or crack has appeared on the wall of LSN as shortly after the press release by the LSN said to be presently under the leadership of Mr. Kunle Ogunba, SAN as its protem President, another Learned Silk , Prince (Dr.) Richard Oma Ahonaruogho came up with a disclaimer that as the promoter of the LSN and founding Secretary, there was no executive appointed for the LSN. Apart from this, there is also the Corporate Affairs Commission (CAC)’s angle to it that it has denied the registration of the LSN on the ground that its objectives are similar to that of the NBA.

From what looks like the mission statement of LSN, its formation is not intended to be like those other lawyer associations that go the path of regional affiliation like the Eastern Bar Forum, Arewa Lawyers Forum and the Egbe Amofin Odu’a whose impacts are always felt during the NBA national elections. LSN is also not intended to go the path of religious affiliation like National Association of Catholic Lawyers; Christian Lawyers Fellowship Association of Nigeria and Muslim Lawyers Association of Nigeria. LSN neither intends to go the path of feminist affiliation like FIDA Nigeria or AWLA Nigeria but rather wants to be on the same pedestal with the NBA. How LSN seeks to achieve this is going to be very interesting.

There is no doubt that for decades the NBA has been enjoying the great monopoly of the Nigerian Bar with all the goodies that go with it, whether the LSN will be able to pose a threat to the NBA’s existence is the question to be answered by the passage of time. There is this argument that has been raging for a very long time and that is whether by the constitutional right to Freedom of Association donated to all Nigerians including the lawyers; can a lawyer decide not to be a member of the NBA and to be bound by its rules and regulations? From the current position of law in Nigeria today, the NBA has been conferred with the title of MONOPOLY OF THE BAR by virtue of some reported cases. For instance the Court of Appeal has held in the case of NBA Vs. KEHINDE (2017) 11 NWLR 225 (Pt. 1576) that :

“The Nigerian Bar Association (NBA) was established for the purpose of regulating the affairs and conduct of all legal practitioners in Nigeria and upon being called to the Nigerian Bar, there is automatic membership to the NBA on a lawyer…Hence, as long as one has elected to join and remain within the noble profession, he is a member and ought to comply with the directive of the Association”

Prior the above decision, the same Court of Appeal held in the case of CHINWO Vs. OWHONDA (2008) 3 NWLR (Pt. 1074) at 341 that :

“The Appellant was not compelled to take up the profession of law and its attendant compulsory membership of the Nigerian Bar Association. However, once he made the choice to study and practice law and thereby placing his name on the roll of honour of belonging to the profession, he stands bound by the internal rules and regulations of the Association. There would be therefore be no issue of a breach of the Constitution of the country if the rules demand of him, undivided loyalty”

One of the brick walls that will be met and contended with by the LSN is what the Court of Appeal called UNDIVIDED LOYALTY to the NBA. Honestly and I want to be proved wrong, if we WERE to be in a military set up , those Protem National Executive would by now be facing court martial or military tribunal for planning a “coup” against the “military regime” of the NBA .

For those who may want to argue basically on the provisions of the fundamental rights under the constitution, let me go a bit further on the position of the Court of Appeal in the case of CHINWO Vs. OWHONDA (supra) per DONGBAN-MENSEM, JCA (as then was) :

“I have only a few words of mine to add in declaring that this appeal is without merit. In the exercise of their constitutional rights (Sections 39 & 40) of freedom of thought, etc, and of freedom of assembly and association, individuals elect to and do subscribe to membership in associations which sometimes curtail their rights. The Appellant, while exercising his right, joined an honourable profession of formidable societal influence and relevance which of necessity has rules and regulations to guide his professional conduct and which along the line curtails some of his choices. The Appellant was not compelled to take up the profession of law and its attendant compulsory membership of the Nigerian Bar Association. However, once he made the choice to study and practice law and thereby placing his name on the roll of honour of belonging to the profession, he stands bound by the internal rules and regulations of the association. There would therefore be no issue of breach of the constitution of the country if the rules demand of him, undivided loyalty.”

Within my restricted knowledge of law, I am not aware of any decision of the Supreme Court that has tempered with this position of law. Therefore, I can say without fear of any contradiction that the new Law Society of Nigeria (LSN) cannot swim in the same swimming pool with the NBA. But I must rightly point it out here that what prompted this kind of revolt by the LSN are often cause by the arrogance of the NBA leadership. NBA leadership very often behave tyrannically, may be basically because of its belief that it has the law on its side as seen from the above decisions of the Court of Appeal that whatever it is contained in its bye law cannot be challenged in the court of law forgetting that there are limits to every act of transgression.

NBA is a replica of what is going on in Nigeria whose leaders rather than addressing the problems on the ground would prefer to complicate it and embark on misplacement of priority. Most Nigerian leaders, the moment they get into power would become tourists travelling to different countries in the world which tourism at the end of the day add no value to the development of the country; rather than first travelling around the countries meeting with the Nigerians, listening to their plights as well as their needs and to give the assurance that the Federal Government is with them and will try as much as possible to attend to their yearnings. If this kind of attitudes have been cultivated by the Nigerian leaders from the past to the present most Nigerian peoples from different parts of the country will be very happy that their existences are being recognised by those steering the affairs of the country. The only time Nigerian leaders reach out to the people is when they need their elections, thereafter the President will sit down in the Aso Rock Villa giving directives rather than going to the scene of happening to see things for the purpose of assessment and necessary action, but unfortunately most time they behave as if Aso Rock Villa and Abuja are the only places they are meant to govern.

The emergence of LSN with its mission statement is a great indictment on the leadership of NBA, if the LSN is now talking about empowering “the legal profession with quality member service (high standards of learning, competence, and profession conduct); facilitates access to justice , maintain and advance the cause of justice ;and promote the rule of law…” , does that not mean that the NBA has failed in its primary responsibilities? Many lawyers are not happy with what is going on in NBA and that is why many of them are grumbling. Leadership self-centredness, unnecessary disqualification of candidates through some discriminatory provisions in the NBA constitution during elections and the winner take all syndromes are among the factors that are breeding discontent in the NBA.

The immediate past Akpata regime may have its lapses but at least he succeeded in bringing some far reaching reforms into the NBA. Forming a new bar association like Law Society of Nigeria (LSN) cannot be the solution to the problems on the ground, rather mutual engagement to a great extent will do the magic. Since NBA has already set up a Committee calling for memorandum from members on electoral reform and review of its constitution, I believe this is an opportunity for lawyers to make suggestions and recommendations on how the right things should be done. I have suggested somewhere else that the NBA should again look into the full democratization of the NEC membership through elections rather than through co-option. Certain percentage of NEC membership should be subject to elections to afford full participation of members of the NBA as this will create the high sense of being allowed to be part of the NBA system by many lawyers. When NBA Committees are being set up both members of the Inner and the Outer Bars must be considered to serve rather than pegging everything to the one side of the divides.

In the NBA elections, those that lose must be ready to accept defeat in the spirit of sportsmanship while those that win at the same time must be accommodating to those that lose rather than playing the game of arrogance and winner take all. Winning elections is not the only way members can contribute positively to the development of the NBA and the legal profession at large. We must continue to see ourselves as learned friends and colleagues rather than enemies. God bless the NBA and guide its leaders to be fair and just!

NOTE: Anyone is at liberty to disagree with my above submissions as I will surely appreciate a balanced, fair and objective rebuttal.

Ibrahim, a Notary Public, can be reached at abdulrasheedibrahim362@gmail.com

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AKPATA CLOCKS 50, WEDS HEARTTHROB IN FAR-AWAY MAURITIUS (EXCLUSIVE PHOTOS)

The immediate past Nigerian Bar Association (NBA) President, Mr. Olumide Akpata is 50 years today. This is coming exactly five days after the senior corporate lawyer wed his heartthrob, Osayamon Michelle May Ogbebor at a lavish and exclusive nuptial on the beautiful island of Belle Mare in Mauritius.

The wedding was held at the Trou D’Eau Douce Catholic Church while the A-List guests were feted at the luxurious Longbeach Resort.

Akpata was born on 7 October, 1972. He had his early education in Warri, Delta State and thereafter attended King’s College, Lagos from where he proceeded to study Law at the University of Benin (UNIBEN). He graduated from UNIBEN in 1992, and was admitted to the Nigerian Bar on 15 December, 1993.

After his National Youth Service Corps (NYSC) in Kano State, he joined the law firm of Dr. Mudiaga Odje & Co. in Warri, Delta State where cut his teeth in legal practice under the tutelage of the late sage, Dr. Mudiaga Odje, SAN, OFR, who he describes as “the most seasoned litigator of his time.”

In 1996, he relocated to Lagos and teamed up with his cousin, Oghogho Akpata, who had in 1995 set up the law firm, TEMPLARS, after honing his skills in the firm of F. O. Akinrele & Co. under the leadership of the legendary Chief Frank Odunayo Akinrele, SAN.

In his words, “From 1996 to date (2020), I have worked with Oghogho, and our colleagues at Templars, in building and sustaining a world class, multi-sectoral and full-service law firm which is now in the 25th year of its existence and consists of over 100 fee-earners, including two Senior Advocates of Nigeria.”

Prior to ascending the coveted NBA Presidency, Akpata was the Senior Partner and Head of Corporate & Commercial Practice Group of TEMPLARS. The Group comprises Mergers & Acquisitions; Capital Markets; Corporate Law; Labour & Employment; Immigration; Telecommunications, Media, Entertainment and Technology; and Regulatory Compliance.

As a measure of his expansive scope, he notes that “in my over two decades at Templars, I have practised across the diverse areas in which we operate, and I have been privileged to lead or participate in some of the major groundbreaking transactions that have shaped commercial law practice in Nigeria and indeed the Nigerian economy.”

Reputed as a consummate Bar-man, Akpata began participating in NBA activities as a member of the NBA Warri Branch upon joining the law firm of Dr. Mudiaga Odje & Co. Upon relocating to Lagos in 1996, he joined NBA Lagos Branch.

He was a foundation member of the NBA Section on Business Law, and worked closely with the pioneer Chairman of the Section, Mr. George Etomi, and his team to operationalise the Section after its inauguration in December 2004 by then NBA President, Chief Bayo Ojo, SAN.

His words: “I was also a member of the Planning Committee which organised the very first NBA-SBL Conference that was held in Abuja in March 2006 and which proved to be a transformational conference that set the NBA-SBL on its current trajectory.

In his 2020 NBA Manifesto, he stated that “My active participation in the NBA-SBL led to my election, in January 2012, as Secretary of the NBA-SBL Council. I was subsequently elected as Vice-Chairman in August 2014 and then as Chairman in August 2016, after which I handed over to the current Chairman, Seni Adio, SAN, in August 2018 albeit I remain a member of the Council. My two-year tenure as Chairman of the NBA-SBL was eventful and impactful.”

Akpata sits in non-executive capacity on the Boards of a number of private companies, some of which he chairs. He is a member of several think-tanks, including the Nigeria Economic Summit Group (NESG) and the United Nations Nigerian Humanitarian Fund (UN-NHF), of which he was a pioneer member.

Increasingly popular for his trademark dance steps, Akpata describes himself as “a gregarious person and when I am not advising on a transaction or attending a client meeting, I love to be in the company of my friends and family or attending social events. I also love travelling and reading the biographies of distinguished personalities. I am a devout Christian and a member of the Redeemed Christian Church of God.”

His tenure as NBA President was reckoned as one of the most proactive in tackling human rights and rule of law issues that confronted the Nigerian Bar as well as in pushing the frontiers of welfarism at the Bar.

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EXCLUSIVE: ‘WHY NEW NBA BRANCHES HAVEN’T TAKEN OFF,’ BY AKPATA

Immediate past Nigerian Bar Assocaition (NBA) President, Mr. Olumide Akpata has declared that the three new branches created by the NBA National Executive Council last June could not take off due to technical issues.

Akpata told CITY LAWYER in an exclusive interview that the branches were approved “in-principle” by NBA-NEC and subject to the creation of judicial divisions in the domains by the Judiciary.

He stated that the new branches could not take off until incumbent NBA President, Mr. Yakubu Maikyau SAN issues a directive to that effect.

According to the erstwhile NBA helmsman, “NEC approved the new branches subject to the creation of judicial divisions in those areas. The Chief Judge of the High Court of the Federal Capital Territory (FCT) has delivered on his commitment in that regard. We are now waiting for the Chief Judge of Lagos State to fulfill his commitment, too.”

CITY LAWYER recalls that former NBA President, Mr. Paul Usoro SAN had on September 9, 2018 launched the Nyanya Judicial Division of the court, paving way for the take-off of the NBA Nyanya/Karu Branch. However, the new “branch” or Nyanya/karu Lawyers Forum has been embroiled in a leadership tussle between two factions.

Five members of the forum had dragged its factional Chairman, Mr. Austine Ibolo to Chief Magistrate Court Karu following a Direct Criminal Complaint application, accusing him of criminal Misappropriation contrary to Section 308 of the Penal Code. The application was signed by Mr. Festus Osimhen and brought pursuant to Section 110(1)C, 88(1) and 89(3) of the Administration of Criminal Justice Act 2015. It was unclear whether Ibolo was eventually arraigned following the complaint.

The members had also accused Ibolo of being a ‘sit-tight leader, adding that while he was elected as Chairman of the forum for 2019-2021 election cycle, he has refused to leave office, claiming that the tenure of NBA chairmen ends in September.

CITY LAWYER gathered that the fierce fire-fight between the factions may have discouraged Akpata from issuing the all-important letter to convoke the new branch.

It was also gathered that it was on the strength of the firm commitments by the respective chief judges to create the relevant judicial divisions that Akpata canvassed establishment of the new branches by NBA-NEC.

The Chief Judge of the High Court of FCT has now created the Garki Judicial Division of the court which is to be unveiled on October 6, 2022, paving the way for the take-off of NBA Garki Branch.

All eyes are now on the Lagos State Chief Judge, Justice Kazeem Alogba to also fulfill his commitment to create the Yaba/Surulere Judicial Division to enable take-off of the new NBA Surulere Branch. This will set the stage for NBA President to issue a directive for the inauguration of the branches.

It is recalled that the National Executive Council had during its quarterly meeting in Ilorin approved a split of the erstwhile NBA Abuja Branch or Unity Bar into two as well as the creation of a new branch in Surulere. While Abuja Branch was retained, two additional branches were created. Aside from Abuja, Bwari and Gwagwalada branches, the new ‘branches’ are Nyanya/Karu Branch and Garki Branch.

Speaking on the rationale for the creation of the branches, Akpata had said: “Two more branches were created in addition to Abuja, Bwari and Gwagwalada. The main faction of the old Abuja Branch was retained, as Abuja Branch. The second faction is now Garki, and a third was created to give an NBA forum in Nyanya the status of a Branch.”

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  • EMEKA NWADIOKE
  • Sep 29, 2022
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  • Comments Off on ODUAH WAS INCOMPETENT, LABELLED AKPATA AS ‘WICKED,’ SAYS FORMER AIDE

ODUAH WAS INCOMPETENT, LABELLED AKPATA AS ‘WICKED,’ SAYS FORMER AIDE

Mr. Ndifreke Aquaisua, a lawyer and former Executive Assistant to the immediate past Nigerian Bar Association (NBA) General Secretary, Mrs. Joyce Oduah, has described his former boss as high-handed and “schizophrenic,” saying she also called immediate past NBA President, Mr. Olumide Akpata “a wicked person.”

In a response to Oduah’s letter to NBA President, Mr. Yakubu Maikyau SAN which was made available to CITY LAWYER, Aquaisua said Oduah’s letter was a “potpourri of lies,” even as he said that “I had to resign having gotten fed up with her high-handedness, over bloated ego, schizophrenic nature of believing that everybody at the Secretariat is after her life.”

Below is the full text of his rebuttal.

Facts Are Sacred: Ndifreke Aquaisua Esq. Reacts To Allegations Levelled Against Him By Former General Secretary Of NBA, Mrs. Joyce Oduah (Part 1)

It is surprising and laughable that it took the former suspended General Secretary of NBA, Mrs. Joyce Oduah more than one month to react to facts contained in my Affidavit of Facts. Obviously, she needed time to concoct her potpourri of lies.

I did not want to join issues with the former suspended General Secretary based on advice and plea from friends, senior and junior colleagues I hold in high respect.

However, since the sacked General Secretary has decided to embark on a macabre dance in the market square, I am left with no other option than to set the records straight because facts are sacred and must not be skewed for personal gains.

My meeting Mrs. Oduah was facilitated by Sammy Etuk, Esq., a senior colleague I hold in high esteem at SPIDEL Conference in Aba, Abia state in 2019, who was able to convince me to work with him and others to ensure she emerged the second female General Secretary of NBA.

Within the period of her campaign, I acted as her media assistant by writing and syndicating materials to market her candidature at no cost or pecuniary interest.

That within the period of working with her, just like others, I noticed her over bloated ego, penchant for branding her opponents and anybody not in support of her ambition as diabolic and after her life.

That because Mrs. Oduah by birth is from my State of origin (Akwa Ibom) and the need to avoid being branded a person who works against the interest of people from my State, I stomached her excesses to ensure that we worked to actualize her victory at the polls.

After her victory at the polls, I was invited to work with her as an Executive Assistant, an offer I refused, I rejected at first, because of her erratic and cantercorous (sic) nature, but was prevailed upon to join her.

My first day as the Executive Assistant to Mrs. Oduah started with a lengthy briefing, where she told me that everyone in the Secretariat hated her and are diabolically trying to harm her. She mentioned some of her colleagues in the Exco as people targeting her downfall and ended up warning me not to talk or mix with any person at the NBA Secretariat.

The allegation that Mrs. Oduah physically assaulted me is true, this is evident in her admission that the only physical contact she had with Mr. Aquaisua was “a tap on his left shoulder to get his attention”. Her attempt to misrepresent facts as to her assault of my person falls flat on its face because she did not need to attract my attention when we were talking.

Her grouse with me was basically because Mrs. Kemi Beatrice (Head of Branding Department), an innocent lady she claims is also after her life offered me a lift at about 10:30pm which I ordinarily accepted her kind gesture as Mrs. Oduah never gave a hoot about how I go back to my residence when I close late at night.

On the issue of application letter, Mrs. Oduah instructed me to draft an application letter and backdate it to August, 2020 and that the said application letter should reflect “General Secretary-Elect”. I did exactly as she instructed me and the said application letter was forwarded to the President.

Immediately the President received the application letter, he drew her attention that the letter was not properly addressed as it should have been addressed to the President and not to the General Secretary or General Secretary-Elect as she asked me to address.

If in her words, I was not competent, then she herself was not also competent for failing to decern (sic) that the letter was not properly “written” and transmitting same to the President. Infact, the allegation is not only baseless but a futile attempt to give a dog a bad name to hang it.

The same incompetent Ndifreke Aquaisua is the person who prepared most of the media materials Mrs. Oduah used during her campaign and filed a good percentage of the reports from her office for the five months I worked with her and when I left she could not do it herself to the extent that it took the then Publicity Secretary, Dr. Rapuluchukwu and other members of the Exco to perform her statutory duties to cover the shame her incompetence would have brought to the Exco members who actually acted in good faith to protect the collective integrity of the Exco and shield Mrs. Oduah’s ineptitude as General Secretary.

On the baseless allegation of my acting Oliver Twist, I must state that this is a lie from the pit of hell as my salary and other emoluments as a staff of the Secretariat of our noble association was fixed and could not be influenced or changed by an individual so it is highly preposterous to give the impression that I wanted Mrs. Oduah to change or give anything outside what was stipulated in my letter of appointment. She lacked such powers to do so. I did not take Mrs. Oduah as family because she did not treat me same.

The only time I went to her home was during her thanksgiving service in Lagos which she gave me a bus fare to Lagos and caused me to sleep on mat in her sitting room throughout my period of stay in Lagos and turned me to a domestic help. A duty I carried out as a result of the respect of the office she occupies in our noble association.

Mrs. Oduah infact turned me to an errand boy who must carry her handbag, helped her put on her shoes and drive her around in my car when she visits Uyo on official assignments at my expense. Without sounding immodest, I am from a very comfortable home, owners of one the foremost and oldest higher institution in Akwa Ibom State but by our training, we are taught to be humble, modest and respectful.

So my working with Mrs. Oduah as Executive Assistant was not about the money because she could not afford to pay me, as when I resumed, I flew into Abuja and stayed in hotel for two weeks without a dime from Mrs. Oduah or my employers and got a place to live without any contribution from her.

I had to resign having gotten fed up with her high-handedness, over bloated ego, schizophrenic nature of believing that everybody at the Secretariat is after her life and I could not mix with my colleagues freely for fear of harassment by Mrs. Oduah who believed I will be used to get at her.

In January, 2021 after the Christmas vacation, I was ill and reached out to the head of Administration and Finance, Salamatu Sidi, Esq. and told her I was ill and will not be able to resume immediately, she advised me to take my health seriously and see a medical doctor and rest as well till I get fit to resume.

When I reported my poor state of health to Mrs. Oduah, she rained fire and brimstone on me, calling me unprintable names and even cursing me as a lazy and pretentious bone. She even went to the extent of putting a call across to my referee, Sammy Etuk, Esq. to ask me to report immediately or face her wrath.

I could not take it anymore, after my treatment, immediately I arrived Abuja, I tendered my resignation letter addressed to the President, then forwarded a copy to her through WhatsApp. Immediately she got it, she queried me why I had to address it to the President instead of her, that I should go and withdraw it and address it to her and also wait for her to come back as the President, Mr. Olumide Akpata being a wicked person will not accept my resignation. This to me was a cheap lie, blackmail and a ploy to frustrate my resignation and I was not ready for that.

Mrs. Oduah put a call across to senior lawyers I respect in my home State to prevail on me to withdraw my letter of resignation. For once, I chose to disobey them.

I have chosen to make this comment to set the records straight and clear my name.

To be continued…

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‘THE TASK BEFORE MAIKYAU,’ BY JIBRIN OKUTEPA

  • MAIKYAU REGIME MUST HIT THE GROUND RUNNING

In the just concluded Nigerian Bar Association NBA annual conference many ugly incidents happened. The outgone NBA president Mr Olumide Akpata publicly acknowledged that some lawyers stole conference bags and other items.

To me this was ridiculous and a shame. When I decided to read law and by the grace of God I became a lawyer, I read and I was fascinated by the premium the legal profession placed on honestly, integrity and candour. Members of the legal profession were looked upon as the beacons of hope for humanity and the society at large.

In the just concluded conference of NBA lawyers again at different sessions or fora engaged in our usual talk show that really produce nothing concrete. I have consistently spoken my mind on the hypocrisy in us as lawyers. On this day 28th August 2020 this is what I wrote on the annual gathering of lawyers at our AGC: “Talk is cheap. In the on going virtual AGC of NBA, NBA is again engaging in cheap talks. Even some of those whose conducts are responsible for grave injustice we suffered in the profession and in this country are at the virtual conference pontificating as angels. Some of these personalities reel out beautifully couched statements and principles of law that they hardly give effect to when the opportunities present itself to them in their respective capabilities.

I think the greatest enemies of Nigerians in getting justice in our courts or even getting political and economic justice are members of the legal profession.

I say this because when you look at the three arms of Government, it is the legal profession that has one arm of government exclusively devoted to its members.

In addition the legal profession is an ancient profession of considerable antiquity with code of ethics which bind its members either on the bench or at the Bar.

“Evidence abound of open desecration of the ethics of the legal profession which has been condoned without sanctions.”

Most archaic and legal jargon that has constituted complete road blocks to attainments of justice are propounded and pronounced upon by members of the legal profession. Principles of law that have denied Nigerians electorate justice in Nigeria are set by members of the legal profession. The duties to pronounce sanctions and apply them have been donated to the legal profession. This is because execution is part of the compendium of judicial powers under section 6(6) of the 1999 constitution as amended.

The legal profession is by my understanding, a profession of light and profession that can be used and should be used as instrument of social engineering.

What we see in Nigeria appears that the legal profession has conspired with itself to deny Nigerian society justice. We seem to enjoy and elevate technical justice far and above substantial justice. We seem to enjoy more of jurisdictional jurisprudence compared to attaining substantial justice. In most judgment, you can see injustice permeating the reasoning for judgement.

Until the legal profession retrace it’s steps and give justice to Nigerians, whatever talk show in the gathering of members of the legal profession will be nothing but legal jamboree devoid of any utilitarian value to Nigerian people. Nigerians are tired of annual gathering of talks of the legal profession without practical achievements. The conduct of members of the legal profession must be above board before the legal profession can rightly take the leading role reserved for it in the Nigerian society”.

For me the legal profession is the enemy of itself. I have always held this view and I still hold it today.

On 28th August 2019 I wrote that on the point that the legal profession is the enemy of itself. This is what i said : “The legal profession is the enemy of itself. Until the legal profession stops acting in sabotage of its own or itself nobody will take us serious. Political class will do everything to subvert the will of the people if we as members of the legal profession, decide to promote technicalities, and decide not to come to the aid of the people or the will of the people.

Nigerians no longer fear law either as made by law makers or as interpreted by the courts because the courts themselves have chosen to accommodate wrong doers under technicalities and all other legal gymnastics that is completely devoid of real justice.

While I believe the the right to fair hearing is worth respecting and protected, violators of the rights of other persons or the vast majority of the people should be denied judicial protection while still in contempt, if the awe with which laws and orders of court are meant to be held is to be restored and respected by all and sundry.

When I reflect on the going on in Nigeria where people deliberately violate laws and court orders and dare you to go to court or where those who disobeyed court orders return to the same court or other courts to seek remedies and taunt you and they are accommodated and accorded protection, I feel terribly demoralised about our tremendous prosperity to stomach wrongs.

Honestly we are heading to anarchy and chaos if we do not retrace our steps in the legal profession and do what is right.

I see people may soon decide not to have respect and faith in our legal system unless we do something that gives the people hope that they can get justice in our courts and enjoy its fruits thereof in their life time. The future of the legal profession looks very bleak to me given the way we are going”.

As one of my learned friends Mercy Elisha Njila Esq put it: “The future really looks bleak. Most worrisome is the vile behavior amongst colleagues Moral decadence. Have you all notice how colleagues disrespect themselves, the rule of law and also aid clients to do same. Learned Friends must learn to go back to what our profession was. The very essence of it, the same that endeared people like me to study law. It’s really sad but it’s true. It is a collective conscious act if we must avoid the bleak and gloomy days that lurks ahead in our Profession”

The task before us all is very heavy indeed. The legal profession needs to be restored back to its lost and enviable glory of the past. The Y C Maikyau SAN led NBA leadership has the burden duty to hit the ground running in this regards. Both the old and young members of the lega profession must come together to restore the profession back to light.

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MIDWEST BAR FORUM HAILS AKPATA, OTHERS ON TENURE

Goodwill Message of the Chairman of the Midwest Bar Forum -Chief G. C. Igbokwe SAN, FCIArb UK , Heralding the Commencement of the 2022-2023 New Legal

Good day our Noble Leaders , learned Senior advocates and my Learned Friends. Happy new legal year to you all.

As we have come back from our various vacation trips within and outside the country, I thank God almighty for His journey mercies, grace upon us and pray that He fortifies us with the strength and wisdom to face the challenges of the new legal year.

Last year was a mixture of sorrow and joy , but in all things we give glory to God. We congratulate our great ambassadors to the National Bar, in the persons of Olumide Akpata , Aipokpo-Martins and Kunle Edun who performed their duties creditably as President, 1st Vice President and Welfare Secretary respectively and for their smooth transition to a new National Executive Council (hereinafter called “Exco”). Despite a few distractions at the twilight of their tenure, posterity will remember as one of the best National Excos in the recent past and we remain ever proud of them.

We also congratulate our own Habeeb Lawal who won the National Publicity Secretary election and has resumed office with the new Exco. We also congratulate the new National Exco and pray that God almighty gives them the wisdom to improve upon the legacies of their predecessors .

On a sad note , we mourn the sudden death of the then Publicity Secretary of Benin branch of the Nigerian Bar Association – the Lion Bar , Ogaga Emonghware Esq. and send our sincere sympathies and condolences to his parents, young wife, children and siblings and pray God to give them the fortitude to bear the irreparable loss. His demise should awaken our senses to the need to take our health issues seriously and rest whenever our bodies give us the signs to do so. It also teaches us the vainness of life which is not just vanity but vanity upon vanity.

I pray that we muster the courage to put all the personal and collective misgivings of the past behind us and forge ahead with matters that should unite, rather than divide us in our pursuit for the greater happiness and improved welfare for our members.

I thank you for your support and understanding with the Midwest Bar Forum Exco and assure you of our continued sincere peace and reconciliation efforts to bring back all members of Midwest Bar under this single forum.

Once again I wish you a happy and prosperous new legal year .

Chief G. C. Igbokwe SAN, FCIArb UK
Chairman,
Midwest Bar Forum (MWBF),
17/9/2022.

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AKPATA REGIME BOYCOTT: EGBE AMOFIN ‘DISOWNS’ AKINTOLA

The influential umbrella body of lawyers of Yoruba extraction, Egbe Amofin O’odua has distanced itself from the assertion by its Deputy Leader and prominent lawyer, Chief Niyi Akintola SAN that the bloc took a decision to boycott the Olumide Akpata-led Nigerian Bar Association (NBA).

In an interview with a national daily, the Chairman of Egbe Amofin O’doua and former NBA General Secretary, Mr. Isiaka Olagunju SAN said that he is “not aware of that decision.” Olagunju also stated that the Yoruba cannot abandon NBA.

Saying that “Chief Akintola is entitled to his opinion,” the Egbe Amofin helmsman however stated that aside from being absent from the meeting where the alleged decision was taken, “I didn’t receive any handing over note to say that the Yoruba Lawyers Association should not participate in any of the NBA’s indices (sic).”

According to the PUNCH report, Olagunju was reacting to comments by Akintola on the unruly actions of some lawyers at the just concluded NBA  Annual General Conference.

CITY LAWYER recalls that Akintola had in an interview with FRESH FM, Ibadan said: “When that boy Akpata came on board, we the Yoruba leaders, the Egbe Amofin, we took the unified position that we will not dignify that boy with our presence at any of his Bar gathering. Unfortunately, some of our people who took that decision alongside with us betrayed that trust.”

But Olagunju, in a chat with Judiciary Watch, on Tuesday, said he was not aware the group took such decision.

He said, “I am not aware of that decision. However, Chief Akintola is entitled to his opinion, and I was not in the meeting. By the record you can get from Akpata’s administration, you can see that Yoruba lawyers played prominent roles. There are quite a number of Yoruba lawyers who chaired some committees, even the election was led by a Yoruba man.

“I was at the NBA conference, Professor (Folake) Solanke was there, Lateef Fagbemi, Mallam Yusuf Ali, Dr Babatunde Ajibade (all Senior Advocates of Nigeria), several leaders and elders in Yoruba land were at the conference. So I am not aware, because I didn’t receive any handing over note to say that the Yoruba Lawyers Association should not participate in any of the NBA’s indices.

“It is our bar; Yoruba are the cutting edge of the NBA, how could we abandon the house that we have built?”

Mr. Ifedayo Adedipe, SAN, a member of the association, asked to be counted out of such an agreement if it ever existed. The lawyer said Akintola spoke for himself “and maybe people who attended such a meeting with him.”

He said, “I can tell you for free that any attempt at dividing the association along ethnic, regional or religious grounds, is bound to fail. It is a purely professional body, and while I recognise the right of people to hold views, I do not think it would be helpful to say that a regional body would be set up to say that whomever the president at one point or the other would not be supported for whatever reason.”

Disagreeing with Akintola’s position, Seyi Wemimo (sic), SAN stated that the legal luminary should have gone further to say what would have been done better had Egbe Amofin supported Akpata’s administration.

He said, “The reality is that Akpata has already finished his term, and I don’t know whether if the Egbe Amofin group had supported him, we would have seen any greater performance.

“Again, as the president of the bar, Akpata is supposed to be independent-minded. Despite what Egbe amofin may have held, he (Akpata) succeeded in becoming the president of the bar, which shows that the body did not have any remarkable influence on the outcome of the election.”

Mr. Dele Adesina, SAN, who seemed to be in agreement with the learned silk, stated that the Egbe Amofin had their grievances, and nobody can blame them for taking the decision they think they wanted to take, and they took.

“I don’t think that is an issue you should flog, because that administration is over. Generally, there are people who don’t hide their feelings; they say it as it is. Different folks and different strokes, that is what life is made of.

“The fact that the administration has ended made the discussion a little academic. They had their (Egbe Amofin) grievances, they had the point they were stressing at the time, and nobody can blame them for taking the decision they think they wanted to take, and they took.”

Former NBA Akure Branch Chairman, Mr. Ola Dan Olawale had in a CITY LAWYER report given a detailed account of how the boycott decision was taken by Egbe Amofin O’odua.

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AKINTOLA VS AKPATA: ‘HOW EGBE AMOFIN SEALED BOYCOTT PACT,’ BY OLAWALE

RE: CHIEF NIYI AKINTOLA SAN & MR. OLUMIDE AKPATA: MERE WITHDRAWAL OF SUPPORT AND NOT “DISTABILIZATION” OF ADMINISTRATION

I have decided to open my diary for the purpose of setting the record straight. I also wish to drive home the point that we are not cowards that run from their shadows. We are old and bold enough to say the truth as it is in order to shame those who distort the truth for personal gain.

On 7th September, 2019, less than a year to NBA 2020 general election, Egbe Amofin held a general meeting at the Aare Afe Babalola Bar Center Ibadan, Oyo State. One of the items on the meeting agenda was to consider presenting one candidate for the position of NBA president. We had 5 notable lawyers of Yoruba extraction with aspiration to the post then. At the meeting, one of the aspirants stepped down his ambition, leaving Dr. Babatunde Ajibade SAN, Deacon Dele Adesina SAN, Mr. Olumiyiwa Akinboro SAN and a former Chairman of NBA Osogbo branch in the race. The general meeting set up a committee whose terms of reference, among others was to assess the 4 aspirants and present the most suitable to Egbe for endorsement. The adhoc committee saddled with this task consists of all branch chairmen of South Western Nigeria who, of course, were Yorubas. Chief Niyi Akintola SAN was appointed at the general meeting to chair the committee while Dr. Oluwole Akintayo (now a Professor) who was then the chairman of NBA Ibadan branch was to serve as secretary.

Meanwhile, another team was set up with the mandate of reaching out to our learned brothers and colleagues under the umbrella of Mid – Western Bar Forum. The idea was to “activate” the proposal of rotational NBA presidency between the two blocks (sic) whenever it was the turn of Southwest NBA to occupy the seat. The team consisted of elders and revered seniors of Egbe Amofin who were mostly Senior Advocates of Nigeria.

It was at our first committee meeting which held on 12/09/2019 at the same Aare Afe Babalola Bar Center Ibadan that modalities and yardsticks for assessment of aspirants was agreed upon. Such yardsticks included but not limited to years of call of aspirants, involvement and participation in NBA activities, past contributions to development/unity of NBA and its members, manifestos and vision for the Bar, general acceptability of aspirants across all NBA branches in the country etc.

Committee agreed and indeed sent letters to the 4 aspirants, requesting them to send in their curriculum vitae and memorandum, showcasing what put them ahead of others under the yardsticks outlined.

When the committee reconvened few weeks thereafter, it was discovered that only 3 of the aspirants sent in their CVs and memorandum. Dr. Babatunde Ajibade SAN did not send a CV or memo.

After critical consideration by committee members of documents sent in, a consensus candidate was not arrived at. Hence, all branch chairmen present put the issue to vote. Secret ballot was conducted after which Deacon Dele Adesina SAN scored the highest vote.

Amongst branch chairmen present and voting on that day was Olayemi Akangbe of Lagos branch, Charles Ajiboye of Ikeja branch, Dr. Oluwole Akintayo of Ibadan branch, Emmanuel Alade of Abeokuta branch, Omololu Bagbe of Okitipupa branch, Olakanmi Falade of Ado-Ekiti branch, Bode Adeniji of Ondo branch, Oludayo Olorunfemi (my good friend) of Ikere-Ekiti branch and Lanre Okeyinka of Oyo branch. Chairmen of Ife, Ikirun, Iwo, Ilesa, Offa, Ijebu Ode, Ogbomoso were all in attendance and voting. Chief Niyi Akintola SAN who was the committee chairman did not vote.

It was at this meeting consisting of NBA branch chairmen that we made a pact; a resolution for ourselves and as representatives of various branches of the NBA of Yoruba extraction, to join hands in working for the emergence of our endorsed candidate. We agreed to support and work with such person if eventually sworn in as NBA president. We also agreed not to support any other. We agreed not to support any other candidate because at that period in time, information had been received that our brothers under the umbrella of Midwest Forum of the NBA had rebuffed Egbe’s hand of fellowship to work together as one.

The general assembly of Egbe Amofin, at a later general meeting, received and ratified the committee’s report in toto.

Chief Niyi Akintola SAN was later betrayed despite his good motive. The Learned Silk was first betrayed by insiders within the committee. He was also betrayed by those whom the committee’s report did not go down well with. Chief Akintola SAN was betrayed by those who seek favour and crumbs from the administration of Mr. Olumide Akpata.

Despite my closeness to Mr. Olumide Akpata who attended branch activities organised by me as chairman in Akure (he even donated the sum of N1m towards building our Bar Center), I was bound by collective agreement reached by Egbe Amofin. I immediately informed Mr. Akpata of my decision not to support him as NBA president. I never for once put him in doubt of where I stand. No one planned or worked towards “distabilizing” NBA under the presidency of Mr. Olumide Akpata. We merely withdrew our support.

We cannot deny what we did as representatives of those who gave us their mandates to serve as branch chairmen. We cannot deny what we did as members of Egbe Amofin. I, for one, cannot deny what I did in the best interest of the Bar to which I was called about two decades ago.

Above is history. Time is the judge.

Ola Dan Olawale Esq.
Chairman, NBA Akure Branch
2018 – 2020.

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AKPATA: ‘WHY AKINTOLA, YOMI ALIU MUST FACE SANCTIONS’ – OMIRHOBO

By Malcolm Omirhobo

NIYI AKINTOLA SAN: JOOR, OLUMIDE AKPATA NA MAN , NO BE BOY

When I read certain comments made by some Senior Advocates of Nigeria, I wonder how they got the rank because they fail in all ways to exhibit the qualities required of the rank of Senior Advocate of Nigeria.

There are plethora of comments made by some Senior Advocate of Nigeria that has brought disrepute and discredit to the legal profession but for the purpose of this write up those of Yomi Aliyu SAN and Niyi Akintola SAN will suffice.

Chief Yomi Aliyu SAN, responding to the former President of the Nigerian Bar Association, NBA, Mr Olumide Akpata dragging a partner in the law firm of the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN, Mrs Adekunbi Ogunde, to the Legal Practitioners Disciplinary Committee, LPDC for soliciting for clients of other lawyers, Promising that Chief Olanipekun SAN will use his position as body of Benchers Chairman to Influence all Nigerian Judges to give an expatriate oil company a favorable Judgement, wrote on a public platform of lawyers as follows:

“President Akpata, una do well ooooo! Yoruba lawyers shall be there in full force to defend our leader and Primus inter Peres! No Yoruba son shall ever be made a sacrificial lamb like it was done to Kunle Kalejaiye SAN! Call it what you like! Tribalism! Yes! What an insult! We are Yorubas before we are Nigerians”

Niyi Akintola SAN claiming to be speaking for Egbe Amofin , the umbrella body of Yoruba lawyers, responding to a question about the fisticuff that ensued at the just concluded NBA-AGM on a radio program at Fresh FM in Ibadan unfairly and for no just cause took a swipe at immediate past President of NBA Olumide Akpata .

Hear him : “That boy (Olu Akpata) is a transactional lawyer, he has never practiced law, he’s a businessman so the scenario at the bar conference is not surprising”

“We at the Egbe Amofin took a unified stance not to dignify that boy with our presence”

“That decision was reached here in Ibadan. Chief Olanipekun was the Leader of Egbe Amofin, and I was his Vice. I and Chief Olanipekun have religiously abided by that decision, however, some of our boys and girls decided to go their ways because they wanted to be in government. They wanted positions”.

I find the above comments of both Senior Advocate of Nigeria as ungentlemanly, uncourteous, irresponsible, derogatory, divisive and conduct unbecoming of members of the inner bar. It is shameful that both SANS have brought tribalism into the bar in a flagrant attempt to divide the bar along ethnic lines. For their gross misconduct, I recommend that both SAN face disciplinary action before the Legal Practitioners Disciplinary Committee. Come to think of it, what contributions have Yemi Aliyu SAN and Niki Akintola SAN made to the advancement of the legal profession in Nigeria ? I will say nothing near the contributions made by the former President of the NBA, Olumide Akpata.

I challenge both SANS to tell us how many lawyers they have employed in their career and how much they pay lawyers under their employment. Akpata as far as I know have employed many lawyers and paid them handsomely well. In fact, Akpata’s firm the TEMPLARS is one of the highest paying law firm in Nigeria since its inception to date.

The bag saga at the just concluded NBA conference and in house fighting notwithstanding, I score Olumide Akpata an A. The man did well. He came, saw, conquered and left his foot prints on the sands of time. Joor, Akintola SAN, Akpata na man no be boy .
It is laughable that in his said radio interview Akintola SAN, is complaining about poverty of values and lack of respect by the younger (soro soke) generation for the older generation. My advice to him and his likes is for them to earn their and not asked for it and that respect is reciprocal. I am of the school of thought that beliefs that the younger generation must honour their parents, elders and constituted authorities but must not fail to hold them accountable.

Akintola SAN and his generation have failed the younger generation and must get the hell out of their way for them to take over for our collective good or risked being stampeded. The young people are an unstoppable force of moral army that cannot be ignored. If you ignore them, you do so at your own peril.

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‘WHY I’M RETURNING AGC FUND,’ BY EX AKURE BRANCH CHAIR

The immediate past Chairman of Nigerian Bar Association (NBA), Akure Branch, Mr. Rotimi Olorunfemi has stated that “recent happenings at the Bar” has made him resolve to return the N100,000 paid to him as accommodation allowance for the recently concluded NBA Annual General Conference (AGC).

In a letter made available to CITY LAWYER, the former branch helmsman noted that though he had availed his account details to receive the fund and “had no objection to this gesture as it is customary of the National body to provide hotel accommodation for Branch Chairmen and Secretaries during NEC meetings,” “my conscience will not know rest if I accept the payment.”

He urged NBA President, Mr. Yakubu Maikyau SAN to avail him the association’s account details to enable him refund the money, adding that “If however I do not receive any response from the national body as herein requested within the next 14 working days of the receipt of this letter by you sir, I shall draw a Bank Draft in this sum and send same to the President via this same medium.”

The full text of the letter is below.

29th August, 2022

The President,
Nigerian Bar Association,
National Secretariat,
Plot 1101, Muhammadu Buhari Way,
Central Business District
Abuja, FCT

Mr. President,

REFUND OF THE SUM OF N100,000.00K TRANSFERRED TO MY
ACCOUNT BY THE NATIONAL SECRETARIAT.

Permit me sir, to use this medium to congratulate you on your recent assumption of office as the President of our noble association, the Nigerian Bar Association, the foremost, the biggest and the noblest of all professional associations not only in Nigeria but in Africa.

Mr President, I woke on Sunday 28th day of August, 2022 to receive an alert of the sum of N100,000.00k (One Hundred Thousand Naira only) from the Nigerian Bar Association which was described in the narration as “accommodation”.

Sir, I am sure this payment to my account was in fulfilment of the promise of the immediate past President, Mr Olumide Akpata, to reimburse Chairmen and Secretaries of Branches for accommodation expenses incurred during the just concluded AGC.

Initially, I had no objection to this gesture as it is customary of the National body to provide hotel accommodation for Branch Chairmen and Secretaries during NEC meetings, so I forwarded my account details as requested and in anticipation of receiving this money.

However, in view of the recent happenings at the Bar starting with the kill-the-chicken-and-break-the-egg handling of the issue involving our revered Chief Wole Olanipekun, SAN’s Law Firm, the purported illegal suspension of the immediate Past General Secretary of the association, Mrs Joyce Oduah, which culminated in a Federal High Court lampooning the National Executive Council (of which I was a member until last week when my tenure expired as Chairman, Akure Branch) for the shoddy manner it handled the matter and the very ugly incident during the recently concluded AGC which portrayed our very noble association in very bad light before the whole world due largely to the very poor and selfish planning by the nepotically selected Technical Committee on Conference Planning, TCCP, of this year Conference, I have decided that I cannot in good conscience keep and/or expend this money for my personal benefit.

Aside the above, I have been attending Bar Conferences since year 2002, one year after I was called to the Bar and I have self-funded myself to attend conferences all these years and the 2022 Bar Conference should not be an exception just because of my privileged position as a Branch Chairman.

It is on the above premises, that I therefore humbly request Mr. President to instruct the National Treasurer to kindly forward the Association’s account details to me with a view to refunding the money quickly to the Association’s coffers. IN THE ALTERNATIVE if I have Mr President’s approval I can pay the money into my Branch account for the benefit of my Branch and I will forward the teller to the National Secretariat.

If however I do not receive any response from the national body as herein requested within the next 14 working days of the receipt of this letter by you sir, I shall draw a Bank Draft in this sum and send same to the President via this same medium.

While I thank and appreciate the immediate past administration led by Mr Olumide Akpata, who I hold and continue to hold in very high esteem, for this harmless gesture of reimbursing my accommodation expenses during the AGC, my conscience will not know rest if I accept the payment.

I once again congratulate the President and members of the new National Executive Committee and wish you all a successful tenure of office.

Thank you.

Yours very sincerely,

Rotimi Olorunfemi Esq.
Immediate Past Chairman NBA, Akure.

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‘OLANIPEKUN, BODY OF BENCHERS CHAIR PRIVY TO PACT TO BOYCOTT NBA,’ SAYS AKINTOLA

• SAYS ‘SORO SOKE BOYS AND GIRLS’ BETRAYED PACT

The Deputy Leader of Egbe Amofin O’odua, Chief Adeniyi Akintola SAN has said that Body of Benchers Chairman, Chief Wole Olanipekun SAN was privy to a pact to boycott Nigerian Bar Association activities while the immediate past NBA President, Mr. Olumide Akpata held the reins.

Responding to the allegation that some NBA Annual General Conference (AGC) delegates stole conference bags and phones during the fracas that attended distribution of conference materials, Akintola also stated that “Chief Olanipekun and I have religiously kept to that position,” accusing some Egbe Amofin members who he called “Soro Soke boys and girls” of betraying the pact.

Akintola, who was speaking in an interview on FRESH 105.9 FM, Ibadan, also hinted that some NBA Branches were given specific directions on what to do at the AGC, adding that it was unclear whether they followed the instructions.

CITY LAWYER recalls that the AGC held against the backdrop of the demand by NBA for Olanipekun to recuse himself as the Chairman of the Body of Benchers over the Ms. Kunbi Ogunde professional misconduct saga. Ogunde is a Partner in Wole Olanipekun & Co.

Though NBA had urged the Legal Practitioners Disciplinary Committee (LPDC) to punish the partners in the firm if found complicit in the debacle, the committee had in an initial review stated that it was not interested in probing the partners of the law firm.

Said Akintola: “Let me take the last question first. Felt very very sad about what happened. And we saw it coming. Ademola (Babalola) is here. When that boy Akpata came on board, we the Yoruba leaders, the Efgbe Amofin, we took the unified position that we will not dignify that boy with our presence at any of his Bar gathering. Unfortunately, some of our people who took that decision alongside with us betrayed that trust.

“Coming from the background that I have, being a progressive, when I take a decision, when I say this is what I am going to do, even at the risk of my life, I stick to that.

“We took that decision in Ibadan here. Chief (Wole) Olanipekun happened to be the Leader of Egbe Amofin in Nigeria. I happen to be his Deputy. And we took that decision. Chief Olanipekun and I have religiously kept to that position. But unfortunately, some of our boys and girls felt otherwise because they wanted to be in office – one office or the other.”

Continuing, Akintola said: “I never attended the meeting (AGC) because I said I will never dignify him with my presence. Of course, the NBA Oyo, Ogbomosho came to me for my support before going. And we told them what to do and what not to do. But the question is, when they get there, what they do? We don’t know.”

Olanipekun is yet to speak on Akintola’s statement.

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‘NO REFORM WITHOUT COLLATERAL DAMAGE,’ SAYS AKPATA

  • VOWS THAT TCCP DID THEIR BEST

The immediate past Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has stated that no association that is keen on reforms can achieve results without disagreement and collateral damage.

In his valedictory message to NBA members, Akpata stated that “Our stance on certain issues may also have been viewed differently by others, but overall, I am convinced that any leadership that seeks to uphold standards, is committed to reforms, and wants to make meaningful progress would be unable to do so without some disagreement and collateral damage.”

He also gave himself a pat on the back for his two-year stewardship as NBA President, saying: “I do not pretend that we could not have done more, but I am pleased with how far we have come, even if I say so myself.”

He had earlier explained the circumstances leading to the shortage of conference materials for the just concluded NBA Annual General Conference, urging NBA members to “show some empathy to the TCCP who did their best in the circumstance.”

Akpata had yesterday handed the mantle of leadership to Mr. Yakubu Maikyau SAN at a well-attended Inauguration Ceremony held in Lagos.

Below is the full text of the statement.

To view highlights of his stewardship, click here.

As I take a bow: An Account of Service and a Note of Appreciation

My Dear Colleague,

I am writing to let you know that this is the last email that you would be receiving from me as President of the Nigerian Bar Association (NBA). This afternoon, the two-year mandate that you graciously gave me to serve as President of the NBA would come to an end. I am grateful to you and all other members of our great Association for the confidence that was reposed in me.

When I sought your mandate two years ago, it was clear to me that we needed to take the NBA on a different trajectory from where it was travelling. I had envisioned an Association that would be value adding to its members and the society. One which, as I often described it, has “utilitarian” value. I am pleased that many aspects of that vision have been, while others are being, realised. With your support, we have not only done much, but also created an implementable blueprint for the Association, which we hope can be followed in keeping our Association and profession on track. On that note, I wish the new team led by Y.C Maikyau, SAN the best on their sojourn, and I am confident that they will sustain the tempo and drive to completion those policies that we, for time and other reasons, could not.

Having completed our mandate, I believe that it is only proper to provide you with an account of our service. A highlight of some of our activities and achievements over the last two years even in the face of numerous challenges is attached and can also be found here (https://nigerianbar.org.ng/selected-highlights-olumide-akpatas-scorecard-nba-president-2020-2022). I do not pretend that we could not have done more, but I am pleased with how far we have come, even if I say so myself.

I am grateful to you for the fine combination of National Officers that you elected to serve with me. Both individually and as a team, we have made mistakes (and learnt from them), had a few disagreements and agreed on most, and taken decisions that may not have been acceptable to all. Our stance on certain issues may also have been viewed differently by others, but overall, I am convinced that any leadership that seeks to uphold standards, is committed to reforms, and wants to make meaningful progress would be unable to do so without some disagreement and collateral damage.

I also appreciate the leadership and members of all the Committees of the NBA that we set up to decentralize the functions at the NBA and to drive our vision. But for their altruistic service and sacrifice to the Bar, we would not have achieved much. I am equally grateful to my in-house advisory and support team and all those who did a great job at ensuring that we stayed on course in delivering on our promises.

Lastly, many thanks to my Partners and colleagues at my law firm – Templars- for allowing me time off these last two years to focus fully on the selfless task of serving the Bar – our Bar.

As I take a bow, I hope that our paths cross again, but until then it has truly been a pleasure serving you.

OLUMIDE AKPATA
Senior Partner
TEMPLARS

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MAIKYAU ROLLS OUT BLUEPRINT, WARNS 2024 NBA ELECTION ASPIRANTS

Mr. Yakubu Chonoko Maikyau SAN has warned that aspirants in the 2024 Nigerian Bar Association (NBA) Elections will be disqualified if they induce voters and branches.

Maikyau spoke yesterday at Eko Hotel, Lagos after he was sworn-in by the immediate past NBA President, Mr. Olumide Akpata as the 31st President of NBA. He took over the mantle of leadership from Akpata at exactly 2:11 pm after Akpata decorated him with a novel medallion as an insignia of office.

The event was witnessed by Bar Leaders, lawyers and dignitaries including Kebbi State Governor, Abubakar Atiku Bagudu and the Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Abdulrasheed Bawa. Also present was former NBA President, Mr. Augustine Alegeh SAN.

The event was not without its undercurrents, against the backdrop of the face-off with the immediate past NBA General Secretary, Mrs. Joyce Oduah.

In his Inaugural Address, Maikyau vowed to reform NBA’s electoral process, warning that aspirants in the 2024 NBA Elections would be “disqualified” if they induce branches or branch chairmen, while such branches and individuals would also be sanctioned. He stated that this is geared towards minimizing the cost of NBA elections.

The sub-themes in Maikyau’s inaugural address included The task ahead and my call to members of the legal profession; State of the nation; The 2023 General Elections, Welfare of lawyers; lawyers’ remuneration; Law officers, legal aid officers and lawyers in public service; In-house counsel and lawyers in business, and NBA Employment Bureau.

Others are NBA law firm/institutional mentorship partnership, Professional conduct and discipline, Independence of the judiciary, Institutional and governance structure, Legal education reform, NBA sections and fora, Rule of law and the administration of justice, and Electoral reforms.

A statement made available to CITY LAWYER by the NBA Publicity Secretary, Mr. Habeeb Lawal said: “Mr. President, Yakubu Chonoko Maikyau SAN immediately set the tone for what promises to be a time of dynamic service and bold leadership, in his vibrant inaugural speech. The full breadth of his speech may be relived in the copy annexed herewith.

“The NBA President also seized the occasion to set in motion some of the administration’s immediate objectives, including announcing the constitution of an Electoral Reform Committee to be chaired by Mr. E. Y. Kura SAN. A key mandate of this committee is the reduction/minimisation of the costs incurred by candidates during NBA national elections.

“Mr. President also announced the constitution of an Enquiry Committee to be chaired by Mr. Wale Fapohunda SAN, whose mandate is to investigate the unfortunate events that transpired on Tuesday, the 23rd of August, 2022 where some delinquent members proceeded to destroy properties and assault staff of the NBA, while members were waiting to collect conference materials.”

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ANXIETY, AS ODUAH, OLANIPEKUN ISSUES MAY TOP NBA-AGM TODAY

• ODUAH KEEPS MUM, BATTLES TO SECURE CTC OF COURT ORDER
• PRESSURE ON AKPATA TO STEM ANTI-OLANIPEKUN PROTESTS
• LAWYER ASKS NBA TO RESCIND NAMING OF NBA BUILDING AFTER AKEREDOLU

There is palpable anxiety as lawyers troop to Eko Atlantic City for this year’s Nigerian Bar Association (NBA) Annual General Meeting (AGM) which kicks off at noon today.

This may not be unconnected with the face-off between Mrs. Joyce Oduah and the NBA leadership as well as the controversy that trailed NBA’s demand that Chief Wole Olanipekun SAN recuse himself as the Chairman of the Body of Benchers (BoB)pending a probe of allegation of professional misconduct against Ms. Adekunbi Ogunde, a Partner in his law firm.

Though a Federal High Court sitting at Abuja had nullified the ratification of Oduah’s suspension by National Officers, both NBA and the estranged General Secretary have given varied interpretations to the ruling.

While Oduah’s Lead Counsel, Mr. Muritala Abdul-rasheed SAN told CITY LAWYER that his client has fully bounced back to her position as General Secretary following the annulment of the ratification by the National Executive Council (NBA-NEC), the Lead Counsel to NBA, Mr. Godwin Omoaka (SAN) countered this position, saying Oduah remains suspended.

Efforts by CITY LAWYER to know whether Oduah will attend the meeting to reclaim her seat proved abortive, as calls to her verified telephone number were not answered. She also did not respond to text messages.

On his part, Abdul-rasheed did not also respond to calls and messages, though he promised to return CITY LAWYER’s calls. He did not do so at press time.

CITY LAWYER gathered that Oduah has been battling to obtain a certified copy of the court’s ruling. An impeccable source told CITY LAWYER that this proved abortive as at yesterday, adding that “her lawyers will continue the quest today.”

An unimpeachable source at NBA HOUSE told CITY LAWYER that NBA President, Mr. Olumide Akpata has come under pressure to quell any anti-Olanipekun protests at the Annual General Conference. This may not be unconnected with speculations that there are plans to stage protests to force the former NBA President to quit the BoB position pending a determination of NBA’s petition against Ogunde.

There are indications that the matter may be raised under “Any Other Business.”

Meanwhile, a senior lawyer and former Secretary of NBA Lagos Branch, Mr. Seth Amaefule has urged the association to rescind the naming of a wing of NBA building after Ondo State Governor and former NBA President, Mr. Rotimi Akeredolu SAN.

He prayed the meeting as follows: “That the naming of the Wing of the NBA Building situate at Ogo Aro Crescent, Area 2 Garki CBD, Abuja housing the NBA Human Rights Institute named after His Excellency Arakunrin Oluwarotimi Akeredolu, SAN (Past President of NBA and present Executive Governor of Ondo State) be set aside by this Annual General Meeting on the ground that this is not a name associated with human rights activism and public interest litigation in Nigeria.”

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AKPATA RAPS CONFEREES FOR RIOT OVER AGC BAGS (VIDEOS)

The President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has berated conferees who invaded the Accreditation Centre to cart away conference bags and other items.

Akpata, who was delivering an apology for his lateness to the President’s Dinner organized as one of the highlights of the ongoing NBA Annual General Conference, said that he was held up by the chaos that broke out yesterday evening over delivery of conference bags.

CITY LAWYER had captured the moment when the vehicle conveying the conference bags arrived to the hot embrace of the teeming conferees who had massed around the Accreditation Centre to collect the bags. A security officer told CITY LAWYER that the organisers were having a tough time with crowd control, as the conferees were blocking the access route to be used by the vehicle to deliver the bags to the Accreditation Centre.

Saying that it was not in his character to attend such events late, Akpata beamed a clip of the riot on the wide screen, adding: “It is a sad commentary. But this is really who we are. We must not delude ourselves. We are as good as our weakest link.”

He noted that the Technical Committee on Conference Planning (TCCP) had explained that it insisted on top quality bags for the conferees, leading to its rejection of the low quality bags supplied by the vendor. He wondered why the conferees would not exercise patience, moreso when the quality bags had been supplied.

Fiery human rights activist and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu had lampooned some conferees who staged a protest earlier on the same issue.

He said: “Nigeria is nothing if not impressive. Ask these same lawyers to protest over their Governor stealing money or politicians in Abuja stealing the country into destitution & calling it fuel subsidy, they will object & tell you how respectable a bunch of lads they are. But we will protest over bags! Our situation passeth all understanding.”

CITY LAWYER recalls that the TCCP Chairman, Mr. Tobenna Erojikwe had in an update to conferees noted that the committee had rejected the bags because they did not meet the agreed standards.

His words:

Dear Colleagues,

I welcome you again to Lagos for our 62nd Annual General Conference. I hope that the registration process has been pleasant for you thus far.

Thank you for the feedback that we have received from you on various points and for the commendations too. In cases where you suggested that we make improvements, we have taken note and will continue to work towards giving you a better experience.

Regarding the ongoing collection of conference materials, I am writing to update you that we will now pause collection of conference materials (specifically the conference bags) until further notice. This is because while we have ordered more than enough bags to serve our delegates, we have now observed that the most recent batches of the bags delivered to us are less than the quality that we contracted and paid for. We have accordingly rejected them and asked our suppliers to provide conforming replacements as soon possible.

In any case, to enable our delegates continue to enjoy the conference, all other materials (particularly the tags, tickets and lanyards) will still be issued to you at the designated collection points. Collection of the bags will resume afterwards.

I thank you for your understanding and regret any inconvenience that this might cause you.

My best regards,

Tobenna Erojikwe
Chairman, NBA TCCP 2022

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FIREWORKS, AS ODUAH, NBA CLASH IN COURT TODAY OVER SUSPENSION

The legal face-off between suspended Nigerian Bar Association General Secretary Joyce Oduah and the association peaks today at the Federal High Court as parties go for each other’s jugular.

CITY LAWYER recalls that Justice A. R. Mohammed had last week declined to grant Oduah’s prayer for interim reliefs, leading to her exclusion from superintending the NBA Secretariat at the recently concluded NBA National Executive Council (NBA-NEC) Meeting which held last Sunday on the sidelines of the Annual General Conference.

The NBA-NEC had brushed aside the court case to ratify Oduah’s suspension by the National Officers, even as it fell short of impeaching her, citing the lawsuit. The meeting also ratified the appointment of Ms. Uche Nwadialo as Acting General Secretary.

Justice Mohammed had however adjourned the matter to today for hearing on Oduah’s Motion on Notice, the court having ordered her to serve NBA with the processes.

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police. The ex-parte application had sought to restrain the NBA and other defendants from giving effect to Oduah’s suspension by the NBA National Executive Committee among other reliefs.

CITY LAWYER had in an exclusive report noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for removal over alleged gross misconduct.

Oduah’s Counsel, Mr. Ayotunde Ogunleye (who stood in for Lead Counsel, Mr. Muritala Abdul-rasheed) had informed the court of the pendency of an ex-parte application dated and filed on 16th August, 2022. He sought to move the application.

In opposing the application, Mr. Solomon Umoh (SAN) and Mr. Godwin Omoaka (SAN) announced their appearances on behalf of the Incorporated Trustees of the Nigerian Bar Association and Mr. Olumide Akpata respectively, the 1st and 2nd Defendants, and informed the court that the matter was brought to their attention through social media.

Omoaka told the court that a preliminary objection challenging the jurisdiction of the court to hear Oduah’s suit as well as the ex-parte application had been filed on behalf of the two defendants.

He argued that the law is settled that where an objection to the jurisdiction of the court is raised, the court has an obligation to hear the objection first before attending to any other matter or application.

Omoaka then urged the court to set down the Preliminary Objection for hearing and ahead of hearing of the applicant’s ex-parte application.

Ogunleye however objected to Omoaka’s submissions, arguing that the business of the day was the hearing of the ex-parte application. He stated that the rules of court and judicial precedents are clear that where a defendant is present at the hearing of an ex-parte motion, he can only be seen and not heard.

Replying on points of law, Omoaka distinguished the authorities cited by Oduah’s Counsel from the case at hand and urged the court to first set down the preliminary objection for hearing.

In a short ruling, the court agreed with Omoaka that where a preliminary objection is raised, the court has a duty to hear it first. Justice Mohammed however held that the business of the day was the hearing of the ex-parte motion.

The court further held that it would exercise its discretion to hear the ex-parte application and set down the preliminary objection for hearing at a later date. This paved the way for Ogunleye to move the ex-parte application.

Ogunleye prayed the court for various injunctive and preservative reliefs.

In its ruling on the ex-parte motion, the court observed that the reliefs sought were the same as the reliefs sought in Oduah’s Motion on Notice. It declined to grant the prayers and ordered that the defendants be put on notice.

Abdul-Rasheed had confirmed the ruling to CITY LAWYER, saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

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NBA-AGC: ATIKU, PETER OBI, OTHERS CLASH AT FIRST DEBATE

In what may pass as their first presidential debate in the run-up to the 2023 National Elections, former Vice President Atiku Abubakar and former Anambra State Governor, Mr. Peter Obi went head-to-head yesterday at the ongoing Nigerian Bar Association Annual General Conference (NBA-AGC).

The presence of the leading presidential candidates confirms CITY LAWYER’s exclusive report that the duo would attend the event.

One of the highlights of the Opening Ceremony monitored by CITY LAWYER was the Keynote Address delivered by globally acclaimed writer, Chimamanda Ngozi Adichie.

Atiku and Obi were among five presidential candidates who gave insights on how they plan to turn Nigeria’s fortunes around if elected president at the forthcoming general elections. The All Progressives Congress (APC) presidential candidate, Senator Bola Ahmed Tinubu was conspicuously absent. Also absent was the New Nigeria Peoples’ Party (NNPP) presidential candidate, former Governor Rabiu Musa Kwankwaso. Tinubu was however represented by the party’s vice presidential candidate, former Borno State Governor, Kashim Shettima.

Themed “Democratic Transitions in 21st Century Nigeria: 2023 & Beyond,” the face-off was moderated by former NBA President and NBA Board of Trustees Chairman, Dr. Olisa Agbakoba SAN.

The high-profile Opening Ceremony which held at the prestigious Eko Hotel & Suites, Lagos was witnessed by leading jurists at the Bar and Bench.

Aside from speeches by the Local Organising Committee Chairman, Mr. Ikechukwu Uwanna; Technical Committee on Conference Planning (TCCP) Chairman, Mr. Tobenna Erojikwe and outgoing NBA President, Mr. Olumide Akpata, Goodwill Messages were received from the Chief Justice of Nigeria, Justice Olukayode Ariwoola, who was represented by Lagos State Chief Judge, Justice Kazeem Alogba as well as the Lagos State Governor, Mr. Babajide Sanwo-Olu, who was represented by the Attorney-General & Commissioner for Justice, Mr. Moyosore Onigbanjo (SAN).

Governors Solomon Lalong and Godwin Obaseki of Plateau and Edo states respectively also attended the conference as well as NBA President-elect, Mr. Yakubu Maiyau SAN and his rival during the recently concluded NBA Elections, Chief Joe-Kyari Gadzama SAN.

According to a PUNCH newspaper report, Atiku and Obi flayed the Federal Government over the insecurity and economic crisis confronting the nation, stating that Nigeria possessed all the negative indices that qualified it as a failed state.

The two candidates agreed that 2023 is Nigeria’s decisive year, noting that the election is critical to the country’s existence. On his part, Shettima urged Nigerians to vote for their joint ticket because of their achievements as governors in Lagos and Borno states.

Ariwoola, Sanwo-Olu and Adichie were among speakers who advocated the reform of the Nigerian judiciary in order to position the country on the path of transformational change.

In his remarks, Atiku observed that the country is more disunited today than it had ever been since democracy took root in 1999, noting that Nigeria had never found itself in such a very critical situation in its history.

He stated that Nigeria had all the negative indices, adding that the nation had never experienced the current level of poverty, insecurity and unemployment. He noted that “Since the return of democracy in 1998/99, Nigeria has never found itself in such a very very critical point in our history.

“Today, we have had all the negative indices. Today, we are all disunited in the nation. We have never experienced this level of poverty. We have never experienced this state of insecurity. We have never experienced this level of unemployment. We have recognised all these negative development in our history.”

He added that the important thing was to tackle the challenges. “This is where history and experience beckon to us that we don’t get it wrong at this point in time. If we get it wrong, I don’t know when we will get it right,’’ he noted.

An online newspaper, The Cable reported that ex-vice-president revealed that he would hand over the federal universities to states if he was elected president. According to the report, Atiku said his administration’s reform would involve creating an enabling environment for foreign and local investors. The reforms, he further explained, would include healthcare and education ‘’because the government alone cannot bring about development.’’

He stated, ‘’One of the fundamental reforms I have in my policy document is to encourage the private sector as far as the development of the country is concerned — both foreign and local. It is very essential because the federal government does not have the resources to do all the things that they want to do,” he said.

POWER DEVOLUTION
Shedding more light on his plans, he stated, “The only way is to make sure that a conducive environment is available for the local and foreign investors to participate in the development of our country, whether it is infrastructure, education and healthcare.

“I had an argument with a university professor from Federal University, Lokoja. He said he read in my policy document that I intend to devolve, in other words, to return education to the states. How dare I do that?

‘’I said: ‘Mr professor, do you realise that the first set of our universities belongs to the regional governments?’ He said, ‘yes’. I said ‘who are the successors of the regional government?’ He said: ‘the states’.

“I said the children you send to America or England; who owns those universities? Mostly, the private sector. So, why is it that you think we cannot do it here? We don’t have the money.”

Atiku posted on his Twitter page on Monday that he was at the NBA conference to give lawyers insights into his bold policy which he said embodies unity, security, economy, education and devolution of power to states and local governments.

The Labour Party presidential candidate, Obi in his remarks said ‘’the election will not be about tribe, religion, connection, entitlement, but it must be about competence capacity and commitment to deliver.” Obi said that Nigeria needs urgent transition from being a highly insecure country to a secured one and from a disunited country to a united one.

He added, “Nigeria has qualified to be a failed state. We have the two or three biggest characteristics of a failed state. One is when you are no longer in charge of your territory.

“Today, we are among the top terrorised countries in the world; we are among the top kidnapping countries in the world. Banditry has taken over part of the country and Nigerians are being killed.”

He called on Nigerians to elect the candidate with the capacity to rescue the nation from its current mess. “Nigeria is in a mess. We got here simply because of the accumulative effects of bad leadership. The coming election is not about tribe or religion but about character and competence. We need a bold transition from a highly insecure state to a highly secured state,’’ he noted.

The APC running mate, Shettima pointed out that his principal would replicate at the federal level the feats he recorded in Lagos when he was the governor. Shettima said they would hit the ground running if elected into office in 2023. He stressed that Tinubu is the man to beat because of his skill-set. “I aligned with the APC candidate because of his competence and performance,’’ he affirmed.

The vice-presidential candidate said as governor of Borno state, he facilitated the construction of the best schools in the country. “Nigerians have the capability to see through the worn-out rhetoric and sophistry of pretentious politicians,” he said in a veiled attack on his opponents.

“Nigerians should ‘follow the man wey know the road.’ From day one, we will hit the ground running. We’ll promptly address the issue of the economy, ecology, and security.

“And we have the antecedents. I built some of the best schools in Nigeria. Go to Borno and see wonders; you will never believe that it is a state in a state of war. So, we are going to replicate our achievements in Lagos, in Borno and some of the frontline states so that our nation will be a better place.’’

Shettima asked the NBA delegates to make an informed decision in changing the narrative of leadership in the 2023 general elections, saying his principal is the man to beat. He urged lawyers to choose a leader that has established records, stating that he had mentored men and women.

ADICHIE ON HEROES
The guest speaker at the conference, Adichie in her keynote address said the country was in disarray and needed heroes to save it. She said, “Nigeria is in disarray; things are hard and getting harder by the day. We can’t be safe when there is no rule of law. Nigerians are starved of heroes to look up to.

“Late Dora Akunyili and Gani Gawehimmi were heroes that Nigerians looked up to before now. Unfortunately, that era has gone. I believe that NBA is in a position to give the nation heroes that we can look up to lead the nation.’’

Stressing the imperative of justice, the author of Half of a Yellow Sun and other books, further said, “As long as we refuse to untangle the knot of injustice, peace cannot thrive. If we don’t talk about it, we fail to hold leaders accountable and we turn what should be transparent systems into ugly opaque cults.’’

She submitted that many people who have abused their positions in Nigeria would regard the NBA as troublesome. Adichie called for an incorruptible judicial system and advised the NBA to leverage technology in the judicial process and the administration of justice in the country.

“As the NBA continues to fight the abuse of power, it must also look inward not to be corrupted,’’ the award winning author admonished.

The presidential candidate of the Social Democratic Party, Adewole Adebayo lamented that the country’s crude oil was being stolen by the government. Adebayo advised the conference participants to be suspicious of every statistic being given.

The presidential candidates of the African Democratic Party and the All Progressives Grand Alliance, Mr. Dumebi Kachikwu and retired Justice Peter Umeadi also spoke at the conference.

Earlier, Justice Ariwoola said the Bar and Bench must return to the days when the ethics of the legal profession was upheld and enforced. He said that the justice sector is very important to the survival of Nigeria so all stakeholders must ensure that it is protected and improved upon so it can continue to provide hope for the masses.

Also speaking at the conference, which has over 13,000 delegates in attendance, Sanwo-Olu said the state’s judicial system had upheld the legacies of the past administration in the improvement of the legal practice. His words: “We have continually transformed our structures, building new courtrooms, renovating existing ones, to create a more conducive environment for our judges and to efficiently administer justice.’’

“I can boldly say that no state takes the funding of the judiciary as seriously as Lagos State, and this is a legacy that has been sustained by successive administrations since 1999,” he said.

NBA PRESIDENT SPEAKS
On his part, Akpata said it was the greatest privilege of his life to have piloted the association.

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SUSPENSION: ODUAH’S LAWYER REACTS, SAYS RATIFICATION A MOCKERY

The Lead Counsel to Mrs. Joyce Oduah, the suspended General Secretary of the Nigerian Bar Association (NBA), Mr. Muritala Abdul-rasheed SAN has condemned NBA National Executive Council (NBA-NEC) for ratifying her suspension by the National Officers.

Asked whether he was satisfied with the outcome of yesterday’s NBA-NEC meeting which fell short of impeaching Oduah due to a pending lawsuit at the Federal High Court, Abdul-rasheed said cryptically: “Not at all!”

He told CITY LAWYER that “It (ratification) is a decision that made mockery of the fundamental objective of the NBA.”

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Committee also stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Oduah however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Oduah had urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), Abdul-rasheed blamed Akpata from Oduah’s travails.

In an email sent to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

Dated August 18, 2022, the email was copied to the Attorney-General of the Federation and Minister of Justice, NBA Trustees, all Senior Advocates of Nigeria, members of the Body of Benchers, National Executive Committee members, chairmen and secretaries of NBA branches, co-opted NBA-NEC members, past NBA National Officers, and all NBA members.

Abdul-rasheed argued that the suspension of a National Officer “is not contemplated by the Constitution of the NBA,” adding that “members of the Executive Committee have no vires to discipline or suspend our client from office as they purport to do in their misguided resolution.”

He prayed the NBA-NEC members to respect the pending case, noting that Oduah is “the center gravity and engine room of NBA-NEC meetings” and that “The purported suspension of our client was illegally carried out.”

The email which was titled “RE: SUIT NO : FHC /ABJ/CS/1426 /2022 Between: Mrs . Joyce Oduah V . The Incorp. Trustees of the NBA,” noted that the matter came up for hearing last Thursday, adding that “At the proceedings, the Incoorporated (sic) Trustees of the Nigerian Bar Association was represented by Mr. Solomon Umoh, SAN, while Mr. Olumide Akpata, the President of the NBA, was in Court in person and represented by Mr. Godwin Omoaka, SAN. The Defendants therefore are aware of the pendency of the action.”

Noting that NBA’s core objective “is promotion and protection of the principles of rule of law and respect for fundamental rights, human rights and people’s rights, Oduah’s counsel stated that “we have our client’s instruction to to respectfully pray the NBA-NEC thus:

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

ii. that all parties to the pending litigation respect the rule of law and desist from taking any steps, action(s), move motion(s) and/or pass resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and

iii. that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC.”

In a veiled reference to Akpata, Abdul-rasheed prayed that “NEC will NOT allow any member, no matter how highly placed or influential, to surreptitiously move her to take any of the above actions.”

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OKUTEPA BLASTS NBA-NEC FOR RATIFYING ODUAH’S SUSPENSION

Fiery senior lawyer, Mr. Jibrin Okutepa SAN has berated the Nigerian Bar Association National Executive Council (NBA-NEC) for ratifying the suspension of erstwhile General Secretary Joyce Oduah.

In a post he made on CITY LAWYER WhatsApp platform, the former NBA Prosecutor at the Legal Practitioners Disciplinary Committee (LPDC) said that “NBA has exhibited the worst example of disrespect for the rule of law and showed total disrespect to the pending processes filed by Mrs Joyce Oduah, Challenging her suspension.”

He also chided NBA President, Mr. Olumide Akpata for presiding over the meeting where the decision was taken, saying: “I think NBA in this case was in a fatal error rooted in self-help to have rectified the suspension being challenged in court. Court processes may be slow, but as professional association we have a duty to show example. Here NBA under Olumide Akpata failed fatally flat in the test for respect for the rule of law and due process when he presided over and took decision that showed lack of respect for our judicial process. We must respect our courts otherwise anarchy is being invited.”

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

Below is the full text of the post:

If the news I read of the just concluded National Executive Council, of NBA that the suspension of Mrs Joyce Oduah as General Secretary of NBA has been rectified, is true, then the National Executive Council of NBA has exhibited the worst example of disrespect for the rule of law and showed total disrespect to the pending processes filed by Mrs Joyce Oduah, Challenging her suspension.

There is no dispute that Mrs Joyce Oduah, had gone to the Federal High Court to challenge her suspension by the NEC of NBA. Those who took part in the said suspension have been sued. There was a motion for injunction pending and which NBA and incorporated Trustees of NBA are aware of. The case is suit No FHC/ABJ/CS/1426/2022. It was adjourned to 23rd August 2022. NBA President Mr Akpata was in Court when the case was adjourned. The case seeks injunction against her suspension and taking any decision to rectify her suspension from office as General Secretary. I am not in support of misconduct alleged against Mrs Joyce Oduah. I am not and I will not if all those allegations or facts alleged against her are true.

But that is another matter altogether. But can NBA whose foremost motto is promoting the rule of law engage in self-help to rectify actions being challenged ed in court. I do not think so. That decision to ratify her suspension is a bad example coming from an association that should be the vanguard of, protection of and promotion of the rule of law. Our courts have consistently frown at resorts to self-help to undermine pending processes.

The principle is settled that the Court cannot be hamstrung by a party who changes the status quo during litigation. Thus, if a party cannot prove its case, the Court is not obliged to indulge the party because it had changed its position during litigation and it may suffer the consequences if the case is resolved against such a party. In consequence, a party who resorts to self-help cannot enjoy any favour from the Court.

That is the essence of the dictum of Nnaemeka-Agu JSC as he then was, in Registered Trustees Apostolic Church v. Olowoleni (1990) 4 NWLR (Pt.1580) 514 at 537 where he said: “Once parties have turned their dispute over to the Courts for determinations, the right to resort to self-help ends. So it is not permissible for one of the parties to take any step during the pendency of the suit which may have the effect of fostering upon a Court a situation of complete helplessness or which may give the impression that the Court is being used as a mere subterfuge to tie the hands of one party while the party helps himself extra judicially. Both parties are to wait the result of the litigation and the appropriate order of Court before acting further.

My lord Hon Justice Nweze JCA as he then was spoke eloquently to the point I am making when he said: “Above all, it has long been settled on the authorities that a court would not hesitate to invoke its disciplinary powers to prevent its processes from being used as a mere subterfuge. Thus, once parties have turned their dispute over to the courts for determination, the resort to self-help must end. Thenceforth, it would not be permissible for one of the parties to take any step during the pendency of the suit which may have the effect of foisting upon the court a situation of complete helplessness. Indeed, a court would always look with askance at any disingenuous approach which may give the impression that it is being used as a mere subterfuge to tie the hands of one party while the other party helps himself extra-judicially. Both parties are expected to await the result of the litigation and the appropriate order of court before acting further. As such, it is a reprehensible conduct for any party to an action or appeal, pending in court, to proceed to take the law into his hands without any specific order of the court and to do any act which would pre-empt the result of the action. The courts frown against such a conduct and would always invoke their disciplinary powers to restore the status quo, Registered Trustees, Apostolic Church v Olowoleni (1990) 6 NWLR (pt 158) 514; Combined Trade Ltd v A.S.T.B. Ltd. (1995) 6 NWLR (pt. 404) 709; Ezegbu v. F.A.T.B. Ltd. (1992) 1 NWLR (pt.220) 699. This ancient rule is even more cogent in a constitutional democracy such as ours where the Judiciary operates as “the guardian of the Constitution”. In the discharge of its guardianship role, it has a duty to ensure that every arm of Government operates only within the substantive and procedural frameworks which the Constitution ordains, AG Bendel v AG Federation [1983] ANLR 208.” Per NWEZE, JCA as he then was now JSC at PP. 40-41, paras. E-F in HON JUSTICE T. A. OYEYEMI (RTD) & ORS V. HON TIMOTHY OWOEYE & ANOR (2012) LPELR-19695(CA).

NBA does not end with the tenure of Olumide Akpata as President. Why will NBA not wait and respect the pending processes which it was aware of and had engaged some senior lawyers to defend. The dispute in this matter having been handed over to the Court for determination, NBA and National Executive Council cannot be allowed to take the law into their own hands. The rule of law and the rule of force are mutually exclusive. Law rules by reason and morality. Force rules by violence and immorality. See The Military Governor of Lagos State & Anor. vs. Chief Emeka Odumegwu Ojukwu & Anor. (1986) 1 NWLR (Pt. 18) 621. A similar action was deprecated by the Supreme Court in The Military Governor of Lagos State v. Chief Emeka Odumegwu Ojukwu (supra), wherein Obaseki, J.S.C. As h/e then was stated as follows: “In the area where the rule of law operates, the rule of self-help by force is abandoned. Nigeria being one of the countries in the world which proclaim loudly to follow the rule of law, there is no room for the rule of self-help by force to operate. Once a dispute has arisen between a person and the government or authority and the dispute has been brought before Court, thereby invoking the judicial powers of the State, it is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course. The action the Lagos State Government took can have no other interpretation than the show of the intention to pre-empt the decision of the Court. The Courts expect the utmost respect of the law from the government itself which rules by the law.”

As my lord Amina Angie JCA as he the was said in DUMBILI NWADIAJUEBOWE VS COL. C. D. NWAWO (RTD.) & ORS (2003) LPELR-7234(CA): As the Supreme Court observed in Ojukwu’s case, the judiciary cannot shirk its sacred responsibility to the nation to maintain the rule of law, and the law should be evenhanded between the government and citizens. What was the hurry? I do not see what the Delta State Government had to lose if it had waited for the substantive case to be decided before it published the Legal Notice. The law is trite that once the Court is seised of a matter, no party has a right to take the matter into his own hands. See The Military Governor of Lagos State v. Chief Emeka Odumegwu Ojukwu (supra), Regd. Trustees Apostolic Church v. Olowoleni (supra), & Bedding Holdings Ltd. v. N.E.C. (supra). It must be repeated, no one (including Government) is entitled to take the law into his own hands. The learned trial Judge was therefore right to have made the injunctive orders granted.”

I think NBA in this case was in a fatal error rooted in self-help to have rectified the suspension being challenged in court. Court processes may be slow, but as professional association we have a duty to show example. Here NBA under Olumide Akpata failed fatally flat in the test for respect for the rule of law and due process when he presided over and took decision that showed lack of respect for our judicial process. We must respect our courts otherwise anarchy is being invited.

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IMPEACHMENT: ODUAH KNOWS FATE TODAY, ASKS NEC MEMBERS TO SHUN MOVE

  • PHOTO EXCLUDED IN NEC BUNDLE

The fate of the suspended General Secretary of the Nigerian Bar Association Joyce Oduah will be decided today by the National Executive Council of the Nigerian Bar Association (NBA-NEC).

The NBA-NEC meeting holds today at 4 pm at the Eko Atlantic City, Lagos, venue of this year’s NBA Annual General Conference (AGC).

Meanwhile, Oduah’s photograph is conspicuously absent from the list of National Executive Committee members as listed in the NEC Bundle sent to members for today’s meeting. It has been replaced with the photograph of Acting General Secretary, Ms. Uche Nwadialo. The notice for the NEC Meeting issued by the suspended General Secretary is however retained while her photograph also adorns the AGC Programme as “General Secretary,” perhaps due to logistical challenges.

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Committee also stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Oduah has however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Meanwhile, Oduah has urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), her Lead Counsel and former Chief of Staff to NBA President, Mr. Muritala Abdul-rasheed SAN blamed Akpata from Oduah’s travails.

In an email sent yesterday to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

Dated August 18, 2022, the email was copied to the Attorney-General of the Federation and Minister of Justice, NBA Trustees, all Senior Advocates of Nigeria, members of the Body of Benchers, National Executive Committee members, chairmen and secretaries of NBA branches, co-opted NBA-NEC members, past NBA National Officers, and all NBA members.

Abdul-rasheed argued that the suspension of a National Officer “is not contemplated by the Constitution of the NBA,” adding that “members of the Executive Committee have no vires to discipline or suspend our client from office as they purport to do in their misguided resolution.”

He prayed the NBA-NEC members to respect the pending case, noting that Oduah is “the center gravity and engine room of NBA-NEC meetings” and that “The purported suspension of our client was illegally carried out.”

The email which was titled “RE: SUIT NO : FHC /ABJ/CS/1426 /2022 Between: Mrs . Joyce Oduah V . The Incorp. Trustees of the NBA,” noted that the matter came up for hearing last Thursday, adding that “At the proceedings, the Incoorporated (sic) Trustees of the Nigerian Bar Association was represented by Mr. Solomon Umoh, SAN, while Mr. Olumide Akpata, the President of the NBA, was in Court in person and represented by Mr. Godwin Omoaka, SAN. The Defendants therefore are aware of the pendency of the action.”

Noting that NBA’s core objective “is promotion and protection of the principles of rule of law and respect for fundamental rights, human rights and people’s rights, Oduah’s counsel stated that “we have our client’s instruction to to respectfully pray the NBA-NEC thus:

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

ii. that all parties to the pending litigation respect the rule of law and desist from taking any steps, action(s), move motion(s) and/or pass resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and

iii. that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC.”

In a veiled reference to Akpata, Abdul-rasheed prayed that “NEC will NOT allow any member, no matter how highly placed or influential, to surreptitiously move her to take any of the above actions.”

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AKPATA BREAKS SILENCE, MEETS MAIKYAU OVER HANDOVER

The President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has made a veiled reference to the crises that have dogged his tenure lately, saying that “It has been one hell of a ride, if I do say so myself.”

Akpata had taken to his verified Twitter handle (@OlumideAkpata) to announce his first official meeting with incoming NBA President, Mr. Yakubu Maikyau SAN after the establishment of their separate transition committees.

In the post sighted by CITY LAWYER, the NBA President said: “Yesterday evening I held a meeting with the President-elect of the @NigBarAssoc, Mr. Y. C. Maikyau, SAN as our recently constituted Transition Committees brainstormed on how best to ensure a seamless handover.”

Akpata then added tersely, “It has been one hell of a ride, if I do say so myself.”

Akpata’s tenure has taken a turbulent turn lately. Aside from the controversies that arose especially with the troubled appeals process that came on the heels of the 2022 NBA Elections, Akpata has waged a running supremacy battle with the Body of Benchers (BoB) over the proposed amendment of the Legal Practitioners Act (Act).

While NBA and the Body of Benchers were still trying to carve a middle ground on the matter through the Mrs. Funke Adekoya Committee, Akpata sensationally wrote to the newly minted BoB Chairman, Chief Wole Olanipekun SAN, asking him to recuse himself over the Ms. Kunbi Ogunde professional misconduct saga.

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).

The dust on the highly controversial matter has hardly settled when Akpata engaged in a highly publicized bust-up with the suspended NBA General Secretary, Joyce Oduah.

An attempt by Oduah to bounce back to her position has so far failed, as a Federal High Court sitting in Abuja refused to grant her prayer for interim reliefs, giving Akpata a slight breather. The matter has been adjourned to Tuesday for hearing of the Motion on Notice.

Stakeholders are divided on whether the twilight battles would signpost Akpata’s legacy as NBA President.

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CONSTITUTION AMENDMENT: COURT ORDERS SUBSTITUTED SERVICE ON TRUSTEES, AKPATA, OTHERS

The last may not have been heard on the proposed amendment of the Nigerian Bar Association (NBA) Constitution as a High Court sitting in Aba, Abia State has ordered the Claimants in a lawsuit against the amendment to serve the respondents by substituted means.

The respondents are the Incorporated Trustees of the Nigerian Bar Association, NBA President Olumide Akpata, suspended General Secretary Joyce Oduah and Acting General Secretary Uche Nwadialo.

The plaintiffs are former NBA Legal Adviser, Mr. Victor Nwaugo and Mr. Onyemaechi Chukwu. The duo had in Suit No. A/207/2022 dragged the respondents to an Abia State High Court over the constitutionality of a proposed amendment of the NBA Constitution at the Annual General Meeting holding on 25th August, 2022 at Eko Atlantic City, Lagos.

In a ruling delivered last Wednesday and made available to CITY LAWYER, Justice Innocent Nwabughogu ordered “That leave be and is hereby granted to the Claimant/Applicant to serve all the Originating Processes and all other processes in this suit on the 2nd–4th Respondents by substituted means by posting them through a reputable courier service company to the office of the 2nd–4th Respondents at Nigerian Bar Association National Secretariat, Plot 1102Mohammadu Buhari way, Cadastral Zone A00, Central Business District Area, Abuja.”

The further court ordered that “Leave is also granted to serve all the Originating Processes and other processes in this suit on the 1st Respondent by method of postal service through a reputable courier service company on its Secretary or any of its Trustees or by handing same over to any of the staff of the 1st Respondent at its National Secretariat at Plot 1102Mohammadu Buhari way, Cadastral Zone A00, Central Business District Area, Abuja.”

Nwaugo told CITY LAWYER that “We sued Incorporated Trustees of NBA, Akpata, Oduah and Nwadialo following notices published on 27th and 28th July 2022 circulating proposed amendment to NBA Constitution. Through our counsel, Ukpai Ukairo Esq, we wrote Akpata & co to withdraw the proposed constitutional amendment for its infractions to Article 25(1) of NBA Constitution, 1999 Constitution, Legal practitioners Act and LPDC Rules.

“We have obtained an Order to serve by substitution. The matter is pending before a High Court of Abia state. We have not applied for an interim or interlocutory Order. We may do that if the need arises.”

The Motion Ex-parte was dated and filed on August 16, 2022 and brought pursuant to Order 7 Rule 6 and Order 39, Rule 1(1) of the Abia State High Court (Procedure) Rules. It was argued by the claimants’ counsel, Mr. C. C. Udoakundu.

The claimants are seeking an order of perpetual injunction restraining the respondents from permitting or allowing any motion for the amendment of the NBA Constitution to be tabled for discussion at the association’s Annual General Meeting.

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OGAGA’S BURIAL RITES START SEPT. 1, AKPATA VISITS FAMILY

The Nigerian Bar Association (NBA) President, Mr. Olumide Akpata today led a delegation to visit the widow and parents of Late Mr. Ogaga Emoghwanre in Benin City, Edo State.

Meanwhile, the Emoghwanre Family has fixed 1st, 2nd & 3rd September, 2022 for the funeral rites of the late Bar-man. 

In the president’s delegation was his wife, Mrs. Osayamon Akpata; the Acting NBA General Secretary, Uchenna Nwadialo; Chairman, NBA TCCP, Mr. Tobenna Erojikwe; Prince Asamah Kadiri, SAN; Ifueko Alufohai, Permanent Secretary in Edo State Government; Mr. Tolu Aderemi, Partner at Perchstone Graeys; Mr. Aderemi Oguntoye, Partner at Oguntoye & Oguntoye; Oludayo Olorunfemi, Secretary of Ekiti State Mortgage Board; members of the NBA Benin Branch, and several members of the Office of the NBA president.

Condoling the family, Akpata reassured them that Ogaga lived a life of meaning and impact. Said Akpata: “He impacted everyone he came across, hence the number of people who are with me on this visit. Ogaga was a brother indeed who will be greatly missed by all.”

Promising not to abandon the family, the NBA President pledged his support. “We will not leave you,” he said.

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EXCLUSIVE: NBA EXCO IN EMERGENCY MEETING, MAY IMPEACH GENERAL SECRETARY

The National Executive Committee of the Nigerian Bar Association (NBA-NEC) is currently having an Emergency Meeting over the crisis rocking the Mr. Olumide Akpata Administration, CITY LAWYER can authoritatively report.

A source at the meeting told CITY LAWYER that one of the issues that may be considered by the meeting is whether to impeach the embattled General Secretary of the association, Joyce Oduah for “utter disrespect of the entire National Officers and for refusing to carry out the directives of the NBA-NEC.”

Several National Officers told CITY LAWYER that they were aggrieved with the General Secretary’s refusal to issue approved notice of meeting for the NBA Annual General Meeting (AGM) as resolved by the NBA-NEC.

A ranking National Officer told CITY LAWYER that the last straw was the withdrawal of the AGM Notice by the General Secretary, adding that “It is a huge disrespect to National Officers. If any National Officer exceeds his or her powers, there are bound to be sanctions. Several options are open to us.”

CITY LAWYER also gathered that the NBA-NEC is worried that Oduah may continue with her “disruptive attitude,” adding that “No-one knows what she would do next. This has to be dealt with.”

There are however indications that some National Officers are not certain about the constitutionality of the impeachment move. “I do not know whether we have such powers. But rest assured that whatever we do will be based on law and the NBA Constitution,” a National Officer told CITY LAWYER, adding that “We will not take any arbitrary decision, notwithstanding the egregious and longstanding infractions of the General Secretary.”

When CITY LAWYER contacted Oduah, she said she was not invited to the meeting. “I have not received any Notice of Meeting,” she said. “I believe it was a virtual meeting. No ZOOM link was sent to me. At any rate, I am the one who should issue any Notice of Meeting. It is like shaving one’s head in his absence.”

Oduah also queried the legality of the planned impeachment, saying “The National Executive Committee has no such powers. It is only the NBA-NEC or the General Meeting that can remove an officer. This is not about me but about the office of the General Secretary.”

CITY LAWYER recalls that Akpata issued a disclaimer against a notice by Oduah withdrawing earlier notices by her and the Assistant General Secretary, Uche Nwadialo.

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GADZAMA TO AKPATA: ‘I WON’T FILE PETITION AGAINST MAIKYAU UNTIL ….’

The last has not been heard about the recent Nigerian Bar Association (NBA) Elections as erstwhile presidential candidate, Chief Joe-Kyari Gadzama SAN has vowed not to file any petition at the reconstituted NBA National Election Appeal Committee (NBA-NEAC) unless the reconstitution is ratified by NBA National Executive Council.

In a letter dated August 11, 2022 and made available to CITY LAWYER, Gadzama’s Campaign Organisation demanded “That the instant reconstitution of the NBA-NEAC be ratified by the NBA-NEC in accordance with S.14 (3)(i) of the NBA Constitution, as a condition-precedent to assuming office and duly executing its functions within the mandate of the NBA Constitution.”

Signed by Chief Chukwudi Oli, Director-General of Joe-Kyari Gadzama Campaign Team, and copied to the Chairman and Members of NBA-NEAC, Gadzama also asked “That an independent forensic audit of the NBA National elections of July 16, 2022, including but not limited to election logs, be mandated and conducted forthwith particularly that of the presidential election.”

The Campaign Organisation also decried the “levity visited upon the petition dated 6th May, 2022 (“the Petition”) hereto attached as “Annexure 3”, addressed to the ECNBA by Mr. Tochukwu E. Ohazuruike,” saying it “is a cause for grave concern.”

According to the Organisation, “The Petition was not considered on its merit and this leaves much to be desired. Of substance, the Petition was hinged on the ground that one of the NBA presidential candidates, Mr. Yakubu Chonoko Maikyau, SAN is not constitutionally qualified to contest for the office of President in the 2022 NBA National Officers’ election due to his failure to meet the eligibility criteria of not less than two years membership of NEC at the time of nomination, mandatorily required under section 9(3)(c)(i) of the Constitution and page 1 of the ECNBA’s Preliminary Notice of Election dated 17th day of March, 2022. The Petition also made copious references to verifiable minutes of NEC meetings and signed attendance lists within the period of 2018 to 2020, confirming that Mr. Maikyau, SAN was absent for three consecutive meetings by virtue of which he automatically lost NEC membership at the time under reference pursuant to section 8(8) of the Constitution. And that such period of Mr. Maikyau’s non-membership of NEC cannot be reckoned with for purposes of computation of time as NEC member for his nomination, qualification and participation in the 2022 NBA National Officers’ election, held on the 16th day of July, 2022.

“The Petition also averred that assuming that Mr. Maikyau had not absented from three consecutive meetings under the Mr. Olumide Akpata led NBA dispensation, Mr. Maikyau, SAN has still not and could not have met the NEC eligibility criteria of not less than two years between the timeframe of August, 2020 to the 15th April, 2022 deadline for nomination of candidates which is barely 20 months and thus less than the requisite two years. Thus, the NEC membership of Mr. Maikyau, SAN under the Olumide Akpata led NBA does not also meet the minimum two years’ requirement of NEC membership as stipulated in the Constitution.

“The issues raised in the said Petition, prima facie, are plausible grounds for disqualification and their veracity should have been explored and not waived aside on the basis of technicality. This is more so considering that the response given by Mr. Y.C. Maikyau, SAN (Annexure 4 attached hereto) is a confirmation/admission that, indeed, he was absent from three consecutive NBA-NEC meetings.

“Furthermore, having due regard to paragraph 2.2(d) of the second schedule to the NBA Constitution, an aspirant to the Office of the Presidency of the NBA has to be from a section/geo-political zone in the geographical zone where the Presidency is zoned, in this case the North for 2022 NBA election, in compliance with the constitutional rotation requirement. Owing to the fact that previous Presidents of the NBA have emerged from the North West and North Central geopolitical zones of the Northern Zone in times past, the import of section 9(3) of the Constitution and paragraph 2.2(d) of the second schedule of the Constitution on the 2022 NBA general election is that it is only the North Eastern geographical zone in the North that is yet to produce the NBA President, and therefore only candidates from the North East are eligible to contest the 2022 NBA Presidential election in view of the rotational principle enshrined in paragraph 2.2(d) of the second schedule to the Constitution. This line of thinking represents the clear and mandatory provision of the Constitution.”

The Campaign Organisation stated that “There is therefore a clear testimony of the incompleteness of the electoral process, which makes it unfair, unfree, non-transparent and non-credible.”

It stated that “While it presently seems that the legal profession in Nigeria is sitting gingerly on a ticking time-bomb, may I ultimately reiterate that the leadership of the Bar has an all-important statutory, legal, professional and moral duty to ensure the protection, promotion and defence of the unity, indivisibility and indissolubility of the Bar in Nigeria which has been glaringly bedevilled by too many a crisis in recent times.”

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‘NBA CAN’T REMOVE OLANIPEKUN AS BENCHERS’ CHAIR,’ SAYS OJO

Former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee has stated that the NBA has no power to remove any member of the Body of Benchers (BoB) including its embattled Chairman, Chief Wole Olanipekun SAN.

In a statement made available to CITY LAWYER, the fiery Bar Leader said that “The NBA has no power to remove any member of the Body of Benchers (including those nominated by the NBA) under any guise,” adding that “The manipulators of the NBA cannot stoke rebellion within or decimate the Body of Benchers by attacking its Chairman.”

CITY LAWYER recalls that NBA President, Mr. Olumide Akpata had in a letter to the Olanipekun, asked him to recuse himself from the seat pending investigation of a Partner in his law firm over alleged professional misconduct.

Ojo stated the Legal Practitioners Disciplinary Committee “has been existing under the Body of Benchers from time immemorial,” adding that its procedure “is not the true reason for the current truancy.”

Taking a swipe at the “Nigerian Bar Association (NBA) cubicle politicians” for “plan to hijack and destroy the legal profession in Nigeria,” Ojo alleged that NBA Treasurer Mercy Agada “exposed their plan to stoke rebellion among Body of BENCHER (sic)” and to employ the NBA in “scattering the table.”

According to Ojo, Agada referred to “we” several times and threatened that “NBA AGC will witness daily protest.” CITY LAWYER recalls that Agada had debunked the allegation.

Said Ojo: “It is very unfortunate that the hirelings are blinded by their inordinate greed. Destruction is in their DNA hence nothing is sacred to them. They are bent on further desecrating the Legal Profession in Nigeria more than they have done already. The conversion of the NBA to their platform to wage war against leaders of the Bar in Nigeria is most unfortunate and conclusive proof that the NBA is being used by the destructive clique as a front to further their mission to decimate the Bar in Nigeria. The veil is already removed and the face of NBA political masquerades and their supporters are being further exposed.”

The full text of the statement is below.

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HOW AKPATA’S TOP AIDE, OGAGA EMOGHWANRE DIED

Details have emerged on how Mr. Ogaga Emoghwanre, the Special Assistant to the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata died today in Warri, Delta State.

Multiple sources told CITY LAWYER that the erstwhile candidate for the position of NBA Publicity Secretary passed away today in Warri while attending a two-day workshop titled, ‘The Role of the Nigeria Police in the Implementation of the Administration of Criminal Justice Act, 2015 and Compliance with Principles of Human Rights in Law Enforcement.’ The workshop was organised by NBA in collaboration with MacArthur Foundation.

CITY LAWYER gathered that the charismatic Bar-man and incumbent NBA Benin Branch Publicity Secretary suddenly took ill and collapsed yesterday during the workshop. He was rushed to a top-notch hospital in Warri where he was placed on oxygen.

There were strong indications that he remained in that condition for about 24 hours while colleagues hoped that he would come through the bend soonest. He however passed away today.

A source at NBA Benin Branch told CITY LAWYER that the deceased had a similar challenge about a week ago while participating in a friendly match between the Branch and a local team, adding that he had to be substituted when he “nearly collapsed” and was advised to take a rest.

Ogaga, as he was fondly called, polled 15,369 votes in the last NBA Elections, 2,281 votes less than the 17,650 votes polled by his opponent, Mr. Habeeb Akorede Lawal who was declared winner of the election for the position of NBA Publicity Secretary.

He is survived by his wife and three children.

There are strong indications that his death has thrown the NBA Presidency into deep mourning, even as Akpata did not immediately respond to CITY LAWYER enquiries on his passing. A top Akpata aide told CITY LAWYER that he had to cancel all engagements since receiving the news, adding that “I am still in shock.”

Speakers at the ACJA workshop included Akpata; Hon. Justice Anthony Olotu Akpovi of Warri Criminal Division of Delta State Judiciary; Mr. Saka Azimazi, former Deputy Director, Legal and Investigation, National Human Rights Commission; Mr. Idris Bawa, a security expert, as well as Chief Victor Otomiewo, former Delta State Attorney-General & Commissioner for Justice, among others.

A communique issued today at the end of the workshop expressed concern about “the slow pace of Criminal trials resulting in the high number of awaiting trial inmates in the correctional centers,” adding that “The consequences of this loss of confidence in the system include resort to jungle justice and self-help.”

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EXCLUSIVE: NBA ELECTION APPEAL C’TE MEMBERS RESIGN EN MASSE, BLAST GADZAMA

All members of the Nigerian Bar Association Election Appeals Committee (NBA-NEAC) have resigned their appointment, citing a petition “circulated on social media by Chief J. K. Gadzama SAN, one of the presidential candidates in the recently-concluded National Elections of the Nigerian Bar Association.”

In a letter obtained by CITY LAWYER and dated 30th July, 2022, the erstwhile Appeals Committee members wrote: “Regrettably, we the members of the NBA-NEAC have taken the collective decision to resign our appointment in order to pave the way for you to constitute a new National Election Appeals Committee in which Chief J. K. Gadzama SAN would have enough confidence to ventilate his grievances against the conduct of the recently-concluded elections.”

Addressed to NBA President, Mr. Olumide Akpata, the signatories are Mrs. Funmi Roberts (Chairperson), Huwaila Mohammed Ibrahim, Dr. Rosemary Chinelo Chikwendu, Hubert Nwoye, Austin Ajineh (Secretary), Stephen Obajaja, Okey Ohagba, Grace Selre Mamswa and Mathew Egbadon.

The former NBA-NEAC members described as “most unfortunate and underserving (sic)” the “mischaracterization ascribed to some members of the Committee.”

They stated that many NBA-NEAC members refrained from voting during the election “all in an effort to ensure that the process would not in any way be tainted by accusation of bias,” adding however that Gadzama “has decided to take the innocuous act of liking a post that celebrates Children’s Day globally on 27th May, 2022, by Mrs Funmi Roberts, and ascribed bias into it.”

Perhaps admitting the culpability of one of its members, the signatories stated that “In the case of Ms Huwaila Muhammed Ibrahim, if Chief J. K. Gadzama SAN had filed an appeal before us and objected to her participating whilst same is being considered, she would have had to recuse herself,” adding that “this accords with best international practice.”

The NBA-NEAC members also stated that their findings revealed that Mr. Okey Ohagba “was never at any time the co-ordinator of the opposing aspirant (sic),” adding that “had Chief J. K. Gadzama SAN filed an appeal before the Committee and objected to his participation, he would also have recused himself.”

Saying that the “comments by learned silk in the globally circulated letter is therefore, most uncharitable,” the former Appeals Committee members however stated that “we hold the very strong view that the Nigerian Bar Association is greater than the sum total of all the members of the Committee, and it is the duty of all members of our Association to strive at all times to shield her from anything that would taint, not only her image, but also that of any process put in place by the Association.”

The former members stated that though the mass resignation would “cause great inconvenience” to Akpata and members of the NBA Executive Committee, “this is a time when our indignation and principled opposition to the uncharitable comments and accusations of Chief J. K. Gadzama SAN must give way to the greater good of our Association.

CITY LAWYER recalls that Gadzama’s close aides had in a letter to Akpata informed him that the former presidential candidate would not approach the NBA-NEAC for redress over the recent NBA Elections due to concerns on its neutrality.

In a letter made available to CITY LAWYER and signed by Messrs Chukwudi Oli and O. E. Oluwabiyi, the Director-General and Admin Officer respectively of Team J-K Gadzama SAN, the organization stated that “we wish to bring to your attention that our candidate, Chief Joe-Kyari Gadzama, SAN will not be exploring the option of approaching the Committee on the following grounds…”

Titled “RESERVATIONS ABOUT THE NBA NATIONAL ELECTIONS APPEALS COMMITTEE (NBA-NEAC),” Team J-K Gadzama SAN alleged that the Chairperson of the Committee, Mrs. Funmi Roberts is “more of a supporter of Yakubu Chonoko Maikyau, SAN by liking posts on LinkedIn.”

The organization also doubted the neutrality of former NBA National Officer and Appeals Committee member, Mr. Okey Ohagba, saying that he “was an active Coordinator in Port Harcourt for Y. C. Maikyau, SAN.”

Team J-K Gadzama SAN again alleged that another member of the Appeals Committee, Mrs. Huwaila Muhammed Ibrahim “actively and openly posted contents on her Facebook platform projecting Y. C. Maikyau, SAN.”

The organization stated that the “non-neutrality” of these members of the Appeals Committee “poses elements of bias by virtue of their active participation in the campaign activities of Y. C. Maikyau, SAN in the recently concluded National Elections which held on Saturday, 16th July, 2022.

“We sincerely believe that the aforementioned persons will not be able to discharge the duties of the Committee devoid of sentiments and biases and hence, present no guarantee of credibility and fairness in administering unbiased decisions and findings. We have attached some screen pictures of displays by these persons in support of Y. C. Maikyau, SAN during the period of campaign activities. Please see Annexure NBA1 and Annexure
NBA2;

“The refusal of the ECNBA to allow an election audit which would examine the Election/Result Logs and the platform for the election as requested by our candidate’s Agent, Andrew Agbo-Madaki in his letter dated Saturday, 16th July, 2022 further renders our cause a herculean task if not an impossible one before the Committee, whose duty is essentially factfinding.

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LPDC: ‘AKPATA IS FIGHTING PROXY WAR WITH OLANIPEKUN,’ SAYS OLASUPO OJO

Fiery senior lawyer, Mr. Olasupo Ojo has alleged that the demand by the Nigerian Bar Association (NBA) for the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside from the seat is a proxy war being waged by NBA President, Mr. Olumide Akpata.

In a statement made available to CITY LAWYER, Ojo, a former Secretary of the NBA Constitution Review Committee, also alleged that the demand for Olanipekun’s recusal is a “propaganda war” “being sponsored by a clique,” urging lawyers not to be hoodwinked by the alleged plot.

Noting that those gunning for Olanipekun to recuse himself “are opportunists stoking the matter beyond its scope and trying to use the NBA to drag the BOB Chair down with it at all cost,” Ojo urged “discerning” lawyers “not to join a facade wagon whose true destination is hidden.”

According to Ojo, “Those gunning for chairmanship of the BOB should come out openly and tell the truth about what transpired at a recent meeting of the BOB where the NBA President read out his memo on the proposed amendment to the LPA during which he spoke rudely to the BOB and he was roundly lambasted by members of the BOB. The next shot to be fired was to exploit the issue of the letter written by a lawyer in the office of the Chairman of the BOB to get at him in retaliation.”

He wondered what “hidden personal axe” those who are pushing the recusal demand have with Olanipekun, warning that “The NBA is not the only Association of Lawyers registered with the Corporate Affairs Commission in Nigeria hence the false impression should not be given that the NBA letter for recusal has the backing of all Association of Lawyers in Nigeria.”

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 Ms. Adekunbi 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.

Below is the full text of the statement.

STILL ON THE NBA LETTER OF RECUSAL TO THE CHAIRMAN OF THE BODY OF BENCHERS.

I have this morning read the statement credited to a group called Justice Reform Project, (JRP), an NGO like the NBA, formed by some senior lawyers. I also had the benefit of reading the statement issued by Oluwemimo Ogunde SAN, a member of the JRP and father of the lawyer who wrote the letter in issue.

Based on the two statements, it is now obvious that this whole issue is being sponsored by a clique. They are opportunists stoking the matter beyond its scope and trying to use the NBA to drag the BOB Chair down with it at all cost.

I find it difficult that I should be choked because of a letter written by a lawyer in my firm without my authorisation and who has claimed responsibility for same.

Those gunning for chairmanship of the BOB should come out openly and tell the truth about what transpired at a recent meeting of the BOB where the NBA President read out his memo on the proposed amendment to the LPA during which he spoke rudely to the BOB and he was roundly lambasted by members of the BOB. The next shot to be fired was to exploit the issue of the letter written by a lawyer in the office of the Chairman of the BOB to get at him in retaliation.

I am just looking and laughing at those screaming their heads off in support of the recusal letter. You are all victims of social media trial. They are using you all as mobs to shout-out their cause in the market place. I advise you to be circumspect and not continue to fall prey to the antics of an exploitative clique.

Why are they using the NBA to cry more than the bereaved who has already filed his process with the LPDC on the same matter?

Why are they throwing stones as if they are saints?

Is the Chairmanship of the BOB an issue in the substantive matter?

Why is the NBA now being used as their platform to launch a propaganda war against the person of the BOB chair who is a former NBA President?

What is the hidden personal axe they have to grind with him as the BOB chair?

Why did they wait until now to seize on the issue of a letter wrongly written by a lawyer in his law firm without his knowledge or authorisation as admitted by the same lawyer who wrote the letter?

How many of us have been crucified just because a lawyer in our firm wrote an unauthorised letter and is this the first or last time such will happen in our law firms?

Can you hold the principal partner of a law firm vicariously liable for an unauthorised letter written by a lawyer in the firm under the Rules of Professional Conduct?

Why are they unable to cite just a rule of the RPC that has been breached by the BOB chair?

I URGE ALL MATURE AND DISCERNING LAWYERS NOT TO JOIN A FACADE WAGON WHOSE TRUE DESTINATION IS HIDDEN.

WHY CANT THEY WAIT FOR THE ALREADY IGNITED LPDC DUE PROCESS TO BE FOLLOWED TO LOGICAL CONCLUSION AT THE SUPREME COURT?

SINCE THERE IS NOW A DIVISION, WHO IS THEIR CANDIDATE FOR THE POSITION OF THE BOB CHAIR AND WHY CAN’T THEIR CANDIDATE AWAIT HIS OWN TIME?

AT OUR LEVEL OF KNOWLEDGE, WE SHOULD NOT BE AMONG THE MOBS.

The NBA is not the only Association of Lawyers registered with the Corporate Affairs Commission in Nigeria hence the false impression should not be given that the NBA letter for recusal has the backing of all Association of Lawyers in Nigeria.

THANKS.

OLASUPO OJO ESQ.
July 30, 2022.

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SENIOR ADVOCATES ASK OLANIPEKUN TO QUIT OVER LPDC PROBE

A coalition of leading senior lawyers, civil society activists and users of court services under the aegis of Justice Reform Project (JRP) has added its voice to the growing call on the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to resign.

The Nigerian Bar Association (NBA) had asked the former NBA President to recuse himself from the seat to pave way for an unfettered investigation of its petition to the Legal Practitioners Disciplinary Committee (LPDC) against the foremost senior lawyer and other partners in his law firm.

In a statement obtained by CITY LAWYER, the group comprising over 20 senior advocates and other justice sector reform advocates urged Olanipekun to “step down” from his position as BoB helmsman, adding that such move would be a mark of honour.

It said: “JRP takes the position that the learned silk ought to step down from his position as Chairman of the Body of Benchers to enable investigations to be concluded with the requisite confidence. This should have predated the steps taken by the NBA and subsequent public commentary. Such an action on his part would not be a mark of culpability, it would be a matter of responsibility and honour. In his exalted position, he should ordinarily be instigating such a complaint.”

The body decried Olanipekun’s failure to recuse himself, saying: “The learned silk’s continued stay in office is, consequently, an indiscretion which will come at a cost to the integrity of our profession. The tribal sentiments being stoked by senior members of the bar are not helpful. Neither are allegations of witch-hunting or ulterior motives.”

The JRP also berated the BoB Chairman for the alleged “innuendos” in his speech during the recent Call to Bar ceremony, saying that that has only reinforced the call for his resignation.

According to the group of justice sector reform advocates, “On a related note, the innuendos in the learned silk’s speech at the Call to Bar ceremony, suggesting that opposing views were indicative of a ‘pulling down syndrome’, can only reinforce the call for his resignation, even though a formal complaint against him has not been lodged.”

It commended the Olumide Akpata-led NBA for its position on the saga, saying: “The NBA, and its leadership, must be commended for taking a bold step in upholding the standards of our profession, even in circumstances involving a man who commands an enormous amount of respect from the entire profession. This is the true test of our will to revive our dying profession and, all of us, including the learned silk, have a responsibility to put the profession first in circumstances like this.”

The JRP added that “The NBA leadership has done its job. Their actions have marked a new era in the enforcement of ethical standards in the legal profession and we must all stand behind the NBA to ensure the integrity of our profession.”

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

JRP was set up in February 2019 with membership cutting across senior and junior lawyers, civil society activists and users of court services interested in reform of the justice system.. The group co-hosted the recent Justice Sector Summit. CITY LAWYER gathered that the JRP is an offshoot of the G20 group of senior advocates who in mid-2019 at the peak of the controversy surrounding the removal of former Chief Justice of Nigeria, Justice Walter Onnoghen, issued a statement saying they “feel embarrassed and deeply concerned by the recent events surrounding the suspension of Honourable Justice W. S. N. Onnoghen as the Chief Justice of Nigeria.”

Among the signatories to the Onnoghen statement were Messrs Ebun Sofunde SAN, Kayode Sofola SAN, Kola Awodein SAN, Ademola Akinrele SAN, Eyimofe Atake SAN, Olufunke Adekoya SAN, Oluwafemi Atoyebi SAN, Yemi Candide-Johnson SAN, Olasupo Shasore SAN, Babatunde Ajibade SAN, Osaro Eghobamien SAN, Babatunde Fagbohunlu SAN, Wemimo Ogunde SAN, and Jibrin Okutepa SAN. Others Messrs Olumide Sofowora SAN, Ernest Ojukwu SAN, Olatunde Adejuyigbe SAN, Adewale Olawoyin SAN, Adeniyi Adegbonmire SAN and Oyesoji Oyeleke SAN.

More recently, the JRP brought a lawsuit at the Federal High Court sitting in Abuja to restrain President Muhammadu Buhari from appointing as judges, 21 persons recommended to him by the National Judicial Council (NJC), saying that “it is concerned about the dysfunctional justice system in Nigeria.”

It was unclear at press time whether all the senior advocates that endorsed the Onnoghen Statement are still members of the JRP, moreso as Okutepa has criticized the approach adopted by Akpata in seeking Olanipekun’s recusal while Ogunde is the father of Ms. Adekunbi Ogunde, the partner in Olanipekun’s law firm who has been dragged to the LPDC by NBA.

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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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LPDC PROBE: YEMI CANDIDE-JOHNSON ASKS OLANIPEKUN TO RESIGN, OKUTEPA QUERIES AKPATA’S APPROACH

More pressure is being piled on the Chairman of the Body of Benchers (BoB), Chief Wole Olanipekun SAN to step aside from the seat as the former President of Lagos Court of Arbitration, Mr. Yemi Candide-Johnson SAN has asked him to resign.

This is coming against the backdrop of a similar call today by the influential Eastern Bar Forum (EBF).

Meanwhile, erstwhile Legal Practitioners Disciplinary Committee (LPDC) Prosecutor, Mr. Jibrin Okutepa SAN has berated the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata for his approach in the matter.

Candide-Johnson, who is a leading justice sector reform advocate and Chairman of the Board of Directors of Nigeria Mortgage Refinance Company, said in an interview that “In the face of public allegations of egregious professional misconduct, I would expect him to defend the profession first before himself and accordingly to resign from the office that leads the profession. It’s a matter of responsibility and of honour.”

His words: “Wole Olanipekun is a leading Nigerian lawyer and recognized by many important offices as a leader of the profession. It is of the utmost importance that such an individual always conducts himself and regulates his practice in a manner that is exemplary.

“Any implication that he acts below optimum standards makes his position, especially as chairman of an important professional organ untenable. In the face of public allegations of egregious professional misconduct, I would expect him to defend the profession first before himself and accordingly to resign from the office that leads the profession. It’s a matter of responsibility and of honour.

“The appearance of corruption by itself is deeply damaging. My own view generally is that nobody is above the law and the bane of our profession to this time has been that the most senior are often the most badly behaved. It is intolerable and unsustainable. The law and its due and proper administration is more important than any individual.”

Okutepa lampooned Akpata for allegedly going public with the demand for Olanipekun to recuse himself from the seat, saying the BoB helmsman deserved a better treatment.

His words: “The letter was not in the best tradition of how things are done irrespective of what anybody feels about it. Chief Wole Olanipekun was a past President of the Nigerian Bar Association and whether we like it or not, he is a superior member of the bar and if I were to be in the position of the President of the Nigerian Bar Association, I won’t write such letter. I would go to meet with Chief Wole Olanipekun or involve senior members of the Bar, elders, past Presidents, and then meet with him and have discussion because whether anybody likes it or not, he is the leader of the bar.

“To do a letter to him and before he gets it, it is on social media, it is a very terrible thing that he ought not to do. You may not like Wole Olanipekun as a person but the institution that we all belong to must be preserved by the decorum we accord to ourselves.

“I’m not saying Wole Olanipekun is above disciplinary process and I am not going to go to any argument as to whether or not what happened is correct or not correct, but there are better and respectful way of dealing with issues that affect the profession.”

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ogunde and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

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GADZAMA SHUNS NBA APPEALS C’TE OVER BIAS CONCERNS, DG WRITES AKPATA

Chief Joe-Kyari Gadzama SAN will not approach the NBA NBA National Elections Appeals Committee (NBA-NEAC) for redress over the recent NBA Elections due to concerns on the neutrality of the committee, CITY LAWYER can authoritatively report.

In a letter made available to CITY LAWYER and addressed to NBA President, Mr. Olumide Akpata, Team J-K Gadzama SAN stated that “we wish to bring to your attention that our candidate, Chief Joe-Kyari Gadzama, SAN will not be exploring the option of approaching the Committee on the following grounds…”

Signed by Messrs Chukwudi Oli and O. E. Oluwabiyi, the Director-General and Admin Officer respectively of and titled “RESERVATIONS ABOUT THE NBA NATIONAL ELECTIONS APPEALS COMMITTEE (NBA-NEAC),” Team J-K Gadzama SAN alleged that the Chairperson of the Committee, Mrs. Funmi Roberts is “more of a supporter of Yakubu Chonoko Maikyau, SAN by liking posts on LinkedIn.”

The organization also doubted the neutrality of former NBA National Officer and Appeals Committee member, Mr. Okey Ohagba, saying that he “was an active Coordinator in Port Harcourt for Y. C. Maikyau, SAN.”

Team J-K Gadzama SAN again alleged that another member of the Appeals Committee, Mrs. Huwaila Muhammed Ibrahim “actively and openly posted contents on her Facebook platform projecting Y. C. Maikyau, SAN.”

The organization stated that the “non-neutrality” of these members of the Appeals Committee “poses elements of bias by virtue of their active participation in the campaign activities of Y. C. Maikyau, SAN in the recently concluded National Elections which held on Saturday, 16th July, 2022.

“We sincerely believe that the aforementioned persons will not be able to discharge the duties of the Committee devoid of sentiments and biases and hence, present no guarantee of credibility and fairness in administering unbiased decisions and findings. We have attached some screen pictures of displays by these persons in support of Y. C. Maikyau, SAN during the period of campaign activities. Please see Annexure NBA1 and Annexure
NBA2;

“The refusal of the ECNBA to allow an election audit which would examine the Election/Result Logs and the platform for the election as requested by our candidate’s Agent, Andrew Agbo-Madaki in his letter dated Saturday, 16th July, 2022 further renders our cause a herculean task if not an impossible one before the Committee, whose duty is essentially factfinding.

“As a result of the aforementioned grounds and circumstances, personal reasons of Chief Gadzama, SAN have also arisen.

“In precis, we firmly believe that the leadership of the NBA has a duty to maintain a level playing ground for all stakeholders and parties, and to guarantee the integrity of the post-election process.”

The NBA is yet to respond to the allegations. Maikyau was declared winner of the election conducted on July 16, 2022 via electronic voting.

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OLANIPEKUN SURVIVES, AS BENCHERS FAIL TO DEBATE NBA’S RECUSAL DEMAND

The Chairman of the Body of Benchers, Chief Wole Olanipekun SAN has survived a move by the Nigerian Bar Association (NBA) to have him step aside from the seat following a petition to the Legal Practitioners Disciplinary Committee (LPDC) seeking sanctions against partners in his law firm for alleged professional misconduct.

Though CITY LAWYER gathered that NBA President, Mr. Olumide Akpata had sent an email to the BoB asking that the recusal matter should be tabled for discussion, an impeccable source who attended today’s Body of Benchers meeting told CITY LAWYER that the issue did not receive any attention during the meeting. “There was absolutely no mention of the matter during the entire duration of the meeting,” said the source. Akpata’s email was copied to all BoB members.

CITY LAWYER had predicted that the issue may not be debated at today’s meeting as it was not listed on the agenda. Sources however said that this may not be unexpected given that the agenda for today’s meeting had long been drawn up. The non-receipt of the recusal letter until yesterday may also have made it practically impossible to include the issue on the agenda.

The source told CITY LAWYER that the meeting was delayed for about 30 minutes as the chairman took turns to felicitate with members, even as the meeting witnessed massive attendance by many BoB members, some attending after a prolonged absence.

Though at least two national newspapers reported that NBA President, Mr. Olumide Akpata shunned the meeting, CITY LAWYER gathered from unimpeachable sources that Akpata attended the meeting virtually and was signed on throughout the deliberations as he is overseas.

The source said that while the only opportunity to include the recusal issue on the agenda was during debate on “Adoption of Agenda,” Olanipekun side-stepped the item by stating that his “Chairman’s Address” would cater for that.

This paved the way for a discussion of only issues relating to tomorrow’s Call to Bar ceremony following a committee report on the subject. Other reports were deferred to the body’s next meeting on September 29, 2022, moreso as the reports were not circulated to members.

CITY LAWYER however gathered that this has been the tradition, as the body’s meetings on the eve of Call to Bar ceremonies often focus exclusively on preparations for the event.

Aside from the Acting Chief Justice of Nigeria (CJN), Justice Kayode Ariwoola, two past Chief Justices of Nigeria also attended the meeting. They are Justice Mahmud Mohammed and Justice Walter Onnoghen as well as retired Justice Mary Peter-Odili who doubles as the Vice-Chairman of the Body of Benchers. Also in attendance was Justice Helen Ogunwumiju of the Supreme Court.

The NBA was also well represented at the meeting which held at the Body of Benchers Complex in Jabi, Abuja by Akpata and its statutory representatives as well as seven past presidents including Messrs Onomigbo Okpoko SAN, O. C. J. Okocha SAN, Joseph Daudu SAN, Augustine Alegeh SAN, Okey Wali SAN, Abubakar Mahmoud and Paul Usoro SAN. Daudu, Alegeh and Wali signed on virtually.

It remains to be seen whether the matter will be raised at the next meeting of the Body of Benchers in September.

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

In a letter personally signed by Akpata following the filing of the petition, NBA had urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

But Olanipekun, a former NBA President, had expressed anger against the association for allegedly making its demand public without communicating the recusal letter to him, saying it appeared there was an ulterior motive behind the action. His words: “As we talk, I am yet to get a copy of the letter. People have been calling me but I can’t react to a document that I have not seen.”

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INVESTIGATION: HOW NBA’S RECUSAL LETTER TO OLANIPEKUN WAS ‘LEAKED’

The letter by Nigerian Bar Association (NBA) President, Mr. Olumide Akpata to the Chairman of Body of Benchers (BoB), Chief Wole Olanipekun SAN asking him to recuse himself from the seat was not leaked to the public, CITY LAWYER can authoritatively report.

Meanwhile, an impeccable source at the NBA HOUSE told CITY LAWYER that the recusal letter was today emailed to all BoB members by the NBA.

It is recalled that Olanipekun had in an interview with a national daily protested that he was not officially issued with a copy of the letter even though it had been trending on social media.

But an unimpeachable source at NBA HOUSE told CITY LAWYER that an attempt was made last Friday to deliver a copy of the letter to Olanipekun through the Body of Benchers office in Abuja but the office had closed before the courier got there.

According to the source, on the presumption that the recusal letter had been delivered to the BoB Office, the letter was posted on the National Officers’ WhatsApp platform, adding that in line with the clamour by NBA Branch Chairmen to be carried along in the association’s affairs, the letter was also posted on the branch chairmen’s WhatsApp forum. CITY LAWYER gathered that it was from one of these platforms that the letter got into the social media.

The source said it was “regrettable” that the letter went viral before a copy was delivered to the BoB chieftain, but added: “Let it be clear that there was no intention to keep the letter private in the long run.”

The source also dismissed the charge of the alleged leakage being propelled by ulterior motive, saying: “There is nothing ulterior about what the President did. The only motive is that everyone should be above board, do the right thing. It is all about perception. You will recall that two members of the Body of Benchers are due for replacement, given that two members resigned alongside the Chairman who has been replaced. Apparently, the BoB Chairman will be highly influential in the replacement process. If we want to maintain standards, stepping aside remains the desirable standard.”

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

In a letter personally signed by Akpata following the filing of the petition, NBA had urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

But Olanipekun, a former NBA President, had expressed anger against the association for allegedly making its demand public without communicating the recusal letter to him, saying it appeared there was an ulterior motive behind the action. His words: “As we talk, I am yet to get a copy of the letter. People have been calling me but I can’t react to a document that I have not seen.”

In the letter to Olanipekun dated July 22, 2022 and titled “RE: PETITION AGAINST MS. ADEKUNBI OGUNDE BY THE NIGERIAN BAR ASSOCIATION FOR ALLEGED PROFESSIONAL MISCONDUCT,” the NBA stated that it had petitioned the LPDC to penalize Ogunde “for engaging in conduct incompatible with her status as a legal practitioner and in flagrant disregard of our Rules of Professional Conduct which both the NBA and the Body of Benchers (BOB) are by their respective mandates bound to enforce as part of the disciplinary objectives of the legal profession. (Please find enclosed the Petition dated 19 July 2022).

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LPDC PETITION: BENCHERS MEET TOMORROW, SHUN NBA ‘QUIT’ LETTER TO OLANIPEKUN

The Body of Benchers (BoB), Nigeria’s regulator of the legal profession, may not discuss the demand by the Nigerian Bar Association (NBA) for its Chairman, Chief Wole Olanipekun SAN to step aside when the elite statutory group meets tomorrow.

The agenda for the meeting obtained by CITY LAWYER shows that NBA’s demand is not listed as one of the issues for discussion. The agenda was emailed to member today as a reminder for tomorrow’s meeting. The body adjourned from its last emergency meeting which held on June 21, 2022 to tomorrow.

But CITY LAWYER gathered that tomorrow’s meeting may be feisty, as some BoB members are bent on ensuring that the recusal letter is given a pride of place during the meeting.

Aside from consideration of minutes of its last meeting in June, other items listed for deliberation tomorrow under “Matters Arising” are receipt of reports from several committees including Report of the Body of Benchers Prayer Drafting Committee, Report of the Regulations Committee, Report of the Judiciary Advisory Committee and Report of the Ad-hoc Advisory Committee on amendment of the Legal Practitioners Act (LPA).

Other items listed for consideration at tomorrow’s meeting are “Report from the Screening Committee,” “Arrangements for Call to Bar Ceremony” and “Any Other Business.” The Call to Bar ceremony is scheduled to hold on Wednesday.

It was unclear at press time whether NBA’s demand for Olanipekun to recuse himself from chairmanship of the Body of Benchers will be raised before commencement of the meeting or under “Any Other Business,” even as CITY LAWYER gathered from an unimpeachable source at NBA HOUSE that NBA President, Mr. Olumide Akpata will “definitely” bring up the recusal matter during the meeting.

Olanipekun, a former NBA President, had expressed anger against the association for making its demand public without communicating the recusal letter to him, saying it appeared there was an ulterior motive behind the action.

His words: “As we talk, I am yet to get a copy of the letter. People have been calling me but I can’t react to a document that I have not seen.”

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

In a letter personally signed by Akpata following the filing of the petition, NBA had urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

In the letter to Olanipekun dated July 22, 2022 and titled “RE: PETITION AGAINST MS. ADEKUNBI OGUNDE BY THE NIGERIAN BAR ASSOCIATION FOR ALLEGED PROFESSIONAL MISCONDUCT,” the NBA stated that it had petitioned the LPDC to penalize Ogunde “for engaging in conduct incompatible with her status as a legal practitioner and in flagrant disregard of our Rules of Professional Conduct which both the NBA and the Body of Benchers (BOB) are by their respective mandates bound to enforce as part of the disciplinary objectives of the legal profession. (Please find enclosed the Petition dated 19 July 2022).

“Ms. Ogunde, the subject of the Petition, as it turns out, is a Partner at the Law Firm of Wole Olanipekun & Co. where you are a Founding Partner and remain involved in the day-to-day running of the Firm. This dynamic creates an undeniable shared and intertwined professional relationship between your goodself and the said Ms. Ogunde. Indeed, in the said Petition, we have also asked the LPDC to “…consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.

“As you know, the LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy.

“Against the backdrop of your partnership relationship with Ms. Ogunde, vis-a-vis the prosecution of the petition by the LPDC, it is clear, albeit unfortunate, that you have been put in a situation where your continued occupancy of the office during this period would conflict, or be reasonably interpreted to conflict, with or influence the processes of the LPDC, by fair-minded observers and right thinking members of the public, both within and outside our profession. By reason of your close professional ties and involvement with Ms. Ogunde, it would be an infraction of the salutary principles of natural justice for the said Petition to be heard by the LPDC while you continue as Chairman of the BOB, of which the LPDC is a committee.”

Quoting Lord Denning, Akpata noted that justice must be rooted in confidence and that confidence is destroyed when right-minded people go away thinking that the Judge is biased, adding: “Consequent upon the above, I am constrained to invite you to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.

“As a beacon of Rule of Law and due process, the NBA must continue to demonstrate that it is committed to the vision of its founding fathers, especially in its internal affairs. This situation, therefore, puts our foundational ethos as an Association on the line, and I trust that as a former President of the NBA and a very respected senior member of the Bar, you will take the honourable path of stepping-aside in the interest of justice, fairness, and posterity.

“I am pained that I have to make this call, but in the circumstance, it is in the best interest of our Association and of the legal profession in Nigeria.”

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LPDC PROBE: OLANIPEKUN SPEAKS ON NBA’S QUIT NOTICE

The Chairman of the Body of Benchers, Chief Wole Olanipekun SAN (SAN) has expressed anger over the demand by the Nigerian Bar Association (NBA) for him to step aside due to a petition to the Legal Practitioners Disciplinary Committee (LPDC) concerning his law firm.

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

Olanipekun told SUNDAY VANGUARD that he would not understand why NBA President, Mr. Olumide Akpata would write him a letter requesting him to step down as the Body of Benchers and circulate the letter on social media without serving him a copy more than 24 hours after.

According to the report, Olanipekun, a former President of the NBA, said it appeared there was an ulterior motive behind the action of the NBA President.

His words: “As we talk, I am yet to get a copy of the letter. People have been calling me but I can’t react to a document that I have not seen.”

In a statement personally signed by Akpata, NBA had urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

In the letter to Olanipekun dated July 22, 2022 and titled “RE: PETITION AGAINST MS. ADEKUNBI OGUNDE BY THE NIGERIAN BAR ASSOCIATION FOR ALLEGED PROFESSIONAL MISCONDUCT,” the NBA stated that it had petitioned the LPDC to penalize Ogunde “for engaging in conduct incompatible with her status as a legal practitioner and in flagrant disregard of our Rules of Professional Conduct which both the NBA and the Body of Benchers (BOB) are by their respective mandates bound to enforce as part of the disciplinary objectives of the legal profession. (Please find enclosed the Petition dated 19 July 2022).

“Ms. Ogunde, the subject of the Petition, as it turns out, is a Partner at the Law Firm of Wole Olanipekun & Co. where you are a Founding Partner and remain involved in the day-to-day running of the Firm. This dynamic creates an undeniable shared and intertwined professional relationship between your goodself and the said Ms. Ogunde. Indeed, in the said Petition, we have also asked the LPDC to “…consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.

“As you know, the LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy.

“Against the backdrop of your partnership relationship with Ms. Ogunde, vis-a-vis the prosecution of the petition by the LPDC, it is clear, albeit unfortunate, that you have been put in a situation where your continued occupancy of the office during this period would conflict, or be reasonably interpreted to conflict, with or influence the processes of the LPDC, by fair-minded observers and right thinking members of the public, both within and outside our profession. By reason of your close professional ties and involvement with Ms. Ogunde, it would be an infraction of the salutary principles of natural justice for the said Petition to be heard by the LPDC while you continue as Chairman of the BOB, of which the LPDC is a committee.”

Quoting Lord Denning, Akpata noted that justice must be rooted in confidence and that confidence is destroyed when right-minded people go away thinking that the Judge is biased, adding: “Consequent upon the above, I am constrained to invite you to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.

“As a beacon of Rule of Law and due process, the NBA must continue to demonstrate that it is committed to the vision of its founding fathers, especially in its internal affairs. This situation, therefore, puts our foundational ethos as an Association on the line, and I trust that as a former President of the NBA and a very respected senior member of the Bar, you will take the honourable path of stepping-aside in the interest of justice, fairness, and posterity.

“I am pained that I have to make this call, but in the circumstance, it is in the best interest of our Association and of the legal profession in Nigeria.”

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‘SBL JUST NEEDS TO KEEP MOVING,’ SAYS AYULI JEMIDE

Protocols

Good evening, Ladies and Gentlemen. Thank you for making the time to join us at the 16th NBA-SBL Annual International Business Law conference.

I appreciate the presence of our distinguished speakers and participants at this year’s conference.

A few things about this year’s conference:

1) As a central theme, we thought we should have conversations pertaining to recent developments in the business environment. A lot has been happening in the lawyering landscape that is worth talking about – from new legislations, to new trends, to recent law firm management successions, and several other topics worth talking about.

2) 2022 annual conference is SBL’s first physical annual conference since 2019 because of the COVID-19 pandemic. We thought to choose a venue capable of accommodating the number of people itching to attend a physical SBL Conference. Abuja seemed a natural choice for reasons of access and infrastructure. As expected, we had a surge of prospective attendees and had to close registration at 850 physical persons in attendance.

3) Last year we had our first female keynote speaker in the person of Wendy Okolo – Wendy Okolo is a Nigerian-American aerospace research engineer in the Intelligent Systems Division at NASA Ames Research Center. She is the first Black woman to obtain a Ph. D. degree in aerospace engineering from University of Texas at Arlington. She has also been the youngest Keynote speaker at an SBL Conference at the age of 32. This year we have decided to field yet another young and dynamic female keynote speaker in the person of Kosi Yankey Ayeh who is currently the Chief Executive Office Ghana Enterprise Agency. A full introduction will be made before she comes on stage shortly. I am not sure if our keynote speaker for today is younger than Wendy Okolo (but we cannot ask a woman how old she is, so I will leave you guessing when she comes up). In any case, we thought Kosi was a great choice as we would benefit from her experience working with small businesses both as an entrepreneur and a regulator in Ghana.

I will want to give special thanks to every single member of the Conference Planning Committee ahead for the wonderful experience at this year’s conference as we all look forward to the curated learning sessions and programs.

I must specifically mention:

1. CPC Chairman: Mr Chike Obianwu,
2. CPC Vice-Chair: Ayoyinka Olajide-Awosedo
3. Fundraising Co-Chairs: Folasade Alli, Sola Dosunmu and Mofesomo Tayo-Oyetibo, Osahon Uhuangho
4. Programs & Content Chairperson and Vice-Chairman: Bukola Bankole & Chudi Ofili
5. Technology Co-Chairmen: Rotimi Ogunyemi, Moses Faya
6. Venue and Accommodation Chairman: Perenami Momodu
7. Sponsorship Benefits Chairperson: Christine Sijuwade
8. Chair, Media & Publicity Chairmen: Theodora Kio-Lawson
9. Local Organizing Committee Chairmen: Marx Ikongbeh & Chinenye Uwanaka

For me in particular, this year’s conference is my last conference as SBL Chairman and the last Conference for SBL Council 2020 to 2022. That said, I will like to seize this opportunity to salute those former SBL Chairmen who have held the helm in the past in the sequence – George Etomi, Mfon Usoro, Gbenga Oyebode, Asue Ighodalo, Olumide Akpata and Seni Adio SAN. The NBA SBL in line with its tradition of a seamless transition will be holding elections in August 2022 and changing guards on the 25th of August 2022.

I use this time to wish the incoming brigade (Council 2022-2024) the best of luck and greased elbows. Before I close, I would like to leave them and the entire SBL community with this quote by Albert Einstein: ‘’Life is like riding a bicycle. To keep your balance, you must keep moving’’.

SBL has kept moving from inception and needs to just keep moving.

Once again thank you all for listening to my rants and for coming to dine with us today. I wish us all a productive 2 days.

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NBA ASKS OLANIPEKUN TO ‘STEP ASIDE’ AS BENCHERS CHAIR OVER LPDC PROBE

The Nigerian Bar Association (NBA) has asked its former President and current Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside from the office following a petition to the Legal Practitioners Disciplinary Committee (LPDC) demanding sanctions against him and partners in his law firm over alleged professional misconduct.

The Legal Practitioners Disciplinary Committee is an organ set up by the Body of Benchers to discipline legal practitioners.

In a statement personally signed by NBA President, Mr. Olumide Akpata, the association urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm.

In the letter to Olanipekun dated July 22, 2022 and titled “RE: PETITION AGAINST MS. ADEKUNBI OGUNDE BY THE NIGERIAN BAR ASSOCIATION FOR ALLEGED PROFESSIONAL MISCONDUCT,” the NBA stated that it had petitioned the LPDC to penalize Ogunde “for engaging in conduct incompatible with her status as a legal practitioner and in flagrant disregard of our Rules of Professional Conduct which both the NBA and the Body of Benchers (BOB) are by their respective mandates bound to enforce as part of the disciplinary objectives of the legal profession. (Please find enclosed the Petition dated 19 July 2022).

“Ms. Ogunde, the subject of the Petition, as it turns out, is a Partner at the Law Firm of Wole Olanipekun & Co. where you are a Founding Partner and remain involved in the day-to-day running of the Firm. This dynamic creates an undeniable shared and intertwined professional relationship between your goodself and the said Ms. Ogunde. Indeed, in the said Petition, we have also asked the LPDC to “…consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.

“As you know, the LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy.

“Against the backdrop of your partnership relationship with Ms. Ogunde, vis-a-vis the prosecution of the petition by the LPDC, it is clear, albeit unfortunate, that you have been put in a situation where your continued occupancy of the office during this period would conflict, or be reasonably interpreted to conflict, with or influence the processes of the LPDC, by fair-minded observers and right thinking members of the public, both within and outside our profession. By reason of your close professional ties and involvement with Ms. Ogunde, it would be an infraction of the salutary principles of natural justice for the said Petition to be heard by the LPDC while you continue as Chairman of the BOB, of which the LPDC is a committee.”

Quoting Lord Denning, Akpata noted that justice must be rooted in confidence and that confidence is destroyed when right-minded people go away thinking that the Judge is biased, adding: “Consequent upon the above, I am constrained to invite you to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.

“As a beacon of Rule of Law and due process, the NBA must continue to demonstrate that it is committed to the vision of its founding fathers, especially in its internal affairs. This situation, therefore, puts our foundational ethos as an Association on the line, and I trust that as a former President of the NBA and a very respected senior member of the Bar, you will take the honourable path of stepping-aside in the interest of justice, fairness, and posterity.

“I am pained that I have to make this call, but in the circumstance, it is in the best interest of our Association and of the legal profession in Nigeria.”

It was unclear at press time whether Olanipekun has received the letter from NBA.

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EXCLUSIVE: NBA ASKS LPDC TO SANCTION OLANIPEKUN, PARTNERS OVER AJUMOGOBIA’S MISCONDUCT CLAIMS

The Nigerian Bar Association (NBA) has urged the Legal Practitioners Disciplinary Committee (LPDC) to sanction the Chairman of the Body of Benchers, Chief Wole Olanipekun, SAN and other partners in his leading law firm for professional misconduct, CITY LAWYER can authoritatively report.

In a petition, THE INCORPORATED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION AND ADEKUNBI OGUNDE, ESQ. filed yesterday at the LPDC, NBA urged the LPDC to “consider whether the partners of the firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a partner, and indeed acted for and on behalf of the said firm.”

The association also dragged a Partner in the law firm, Ms. Adekunbi Ogunde to the committee over the controversial email she allegedly wrote to an international oil company seeking a brief.

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ogunde and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

In the petition obtained by CITY LAWYER and numbered as BB/LPDC/901/2022, NBA 1ST Vice President, Mr. John Aikpokpo-Martins stated that he was applying “on behalf of the Applicant that ADEKUNBI OGUNDE of WOLE OLANIPEKUN & CO of God’s Grace House, 5, Maple Close, Osborne Foreshore Estate Phase 11, Ikoyi, Lagos be required to answer to the allegations contained in the Statement/Affidavit which accompanies this Application and that such Order be made as the Committee shall think right.”

Filed on behalf of the Incorporated Trustees of the Nigerian Bar Association and dated July 19, 2022, the petition was titled “PETITION AGAINST ADEKUNBI OGUNDE, ESQ., A NIGERIAN LAWYER DULY CALLED TO THE NIGERIAN BAR WITH HER NAME ON THE ROLL OF LAWYERS KEPT IN THE SUPREME COURT FOR THE VIOLATION OF THE EXTANT RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS (RULE 1 OF THE RPC) BY SOLICITING FOR BRIEFS AND PEDDLING THE INFLUENCE OF THE PRINCIPAL PARTNER OF HER LAW FIRM CHIEF WOLE OLANIPEKUN, SAN AS HAVING THE ABILITY TO EXTRA-LEGALLY INFLUENCE DECISIONS OF COURTS IN NIGERIA BEING THE CHAIRMAN OF THE VERY DISTINGUISHED BODY OF BENCHERS THEREBY PUTTING THE ENTIRE LEGAL PROFESSION TO NATIONAL AND INTERNATIONAL PUBLIC RIDICULE AND ODIUM.”

In the Statement of Facts accompanying the application, NBA noted that Ogunde is “expected to exhibit and maintain a very high standard of conduct, professionalism, respect for the integrity of court and the judicial process when discharging her professional duties and responsibilities to clients, the legal profession and members of the general public.”

The Applicant however stated that “Sometime in the month of June 2022, members of the legal profession and indeed the general public were rudely confronted with unbelievable reports in the social media of a letter alleged to have originated from the very esteemed and revered office of Wole Olanipekun & Co and authored by the Respondent.”

Continuing, the Applicant stated that “In the said letter, the law firm of Wole Olanipekun & Co unprofessionally and surreptitiously solicited for a brief from Saipem SPA, an international conglomerate known (knowing that another firm of lawyers was handling the said brief in the court) and further shamelessly touted the supposed overriding influence of the principal partner of her firm, Chief Wole Olanipekun, SAN, the current chairman of the very revered and distinguished Body of Benchers, and a very respected past President of the Applicant herein.”

Citing the letter from Ogunde to Mr. Francesco Ciao of Saipem SPA, NBA stated that “Members of the legal profession particularly members of the Applicant were very disturbed by this infamous letter alleged to have originated from arguably one of the most successful, biggest, respected and most distinguished law firms in Nigeria,” adding that its hope that the allegations contained in the letter were “false, misleading and outright mischief orchestrated by some rabble-rousers” was dashed by letters from the law firm of Wole Olanipekun & Co apologizing for the action of the Respondent and disclaiming her.

According to NBA, “While the members of the legal profession in particular and the national and international public were attempting to come to terms with what has now obviously become the most infamous letter ever written by a lawyer and/or a law firm in the history of the legal profession in Nigeria, the respondent published a letter on the social media admitting the allegations, but sought only to exculpate her law firm from the now most infamous conduct allegations within the legal profession ever in Nigeria.”

Justifying the filing of the application, the NBA stated that “The entire members of the Applicant arising from their comments on the social media and calls to the President of the Nigerian Bar Association have been feverishly and fervently demanding and calling on the Applicant to rise up and refer the Respondent and the partners of Wole Olanipekun & Co. to the Legal Practitioners’ Disciplinary Committee for gross and grave professional misconduct that brought unprecedented shame, ridicule, opprobrium and odium on the entire administration of justice system and the legal profession in Nigeria.”

NBA urged the LPDC “to immediately commence the disciplinary process and prosecute ADEKUNBI OGUNDE Esq. for the violation of the sacred provisions of the Rules of Professional Conduct, particularly Rule 1 thereof.”

The NBA Trustees then asked the LPDC to “consider whether the partners of the firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a partner, and indeed acted for and on behalf of the said firm.”

Accompanied by a 16-paragraph “AFFIDAVIT OF FACTS IN RE: THE PETITION OF THE NBA AGAINST ADEKUNBI OGUNDE, ESQ.” dated July 19, 2022 and deposed by Aikpokpo-Martins, the Applicant urged “your quick consideration of this Petition.”

It is recalled that the Respondent had in a Press Release on the controversy titled “RE: CITY LAWYER MAGAZINE PUBLICATION WITH THE TITLE – AJUMOGOBIA ACCUSES OLANIPEKUN’S LAW FIRM OF MISCONDUCT; AND ALL OTHER RELATED PUBLICATIONS IN THE SOCIAL MEDIA” acquitted Olanipekun and the law firm from any blame.

It was unclear at press time whether the petition has been communicated to the Respondent.

The LPDC is a committee of the Body of Benchers.

CITY LAWYER recalls that the Olumide Akpata-led NBA had also dragged an unnamed Senior Advocate of Nigeria and six other lawyers to the LPDC over their alleged roles in a series of conflicting ex-parte court orders issued by some  courts.

Click here for the full petition.

 

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EDITORIAL: NBA ELECTIONS 2022 – WHY WE MUST GET IT RIGHT

The ballot for the Nigerian Bar Association (NBA) Elections will open in a matter of hours to elect National Officers and NBA Representatives to the General Council of the Bar.

This year’s election is especially pivotal given the controversies that have trailed the last three efforts since the introduction of electronic voting and universal suffrage by the amended NBA Constitution 2015.

Since 2016, NBA Elections have spanned between a petition to the NBA Trustees to litigation and criminal prosecution of suspects accused of electoral malfeasance by the Economic and Financial Crimes Commission (EFCC). This has brought odium and discomfiture to NBA and its members.

While the allegations that trailed the 2016 and 2018 elections remain somewhat muted, the same cannot be said of the 2020 Election. While several commentators and stakeholders alleged that the election was fraught with sundry irregularities, Mr. Dele Adesina SAN, one of the presidential candidates in the election, accused the defunct Electoral Committee of the NBA (ECNBA) of data diddling, saying that “it is apparent that the data uploaded to the site was programmed and preconfigured to achieve a desired result in an obvious case of data diddling.”

The election was also bedeviled by the spectre of huge undelivered ballots, with Adesina again noting that the ElectionBuddy voting platform deployed for the election posted 14,879 total undelivered notices to prospective voters as at 2 pm on Election Day as against 29,635 total registered voters. He contended that “The inability to deliver 14,000 notices to prospective voters 13 hours after the commencement of the Election is not only evidence of lack of capacity on the part of the System but also a clear disenfranchisement of these prospective voters.” It is noteworthy that ElectionBuddy has been contracted by the current Electoral Committee alongside INITS Limited as the joint ICT Service Provider (ISP) for the 2022 NBA Elections.

If Adesina’s claims are deemed by critics as the vituperations of a sore loser, the verdict of the NBA Trustees on the election did not validate such an assertion. Instead, it gave vent to the perception that all was not well with the election.

In a letter dated 19th of August 2020 and authored by the Chairman of the Board of Trustees, Dr. Olisa Agbakoba, SAN, the Trustees said: “We note that the Elections were not perfect. We reviewed your Petition and note that it raises serious issues.”

The august body observed that “our elections continue to present challenges going back to 2016 and strongly recommend that a major transformation of our electoral process and framework must be undertaken and we are happy to be assigned this very important responsibility….”

In an earlier email by Agbakoba dated 17th August, 2020, the Trustees had stated emphatically that “The NBA 2020 Election was marred by irregularities. The ECNBA admitted that the election platform failed which is why they had to engage another I.T. Consultant. The ECNBA admitted that over 14,000 members could not vote which is an extremely high number. The ECNBA should have made provision to enable everyone to vote. This is an omission on their part.”

It was against this unflattering backdrop that NBA President, Mr. Olumide Akpata, himself a beneficiary of that flawed electoral process, vowed to redeem NBA election from the perennial odium that has enveloped it. He set up the Mr. Ayodele Akintunde SAN-led NBA Electoral Reform and Audit Committee to unravel the challenges besetting NBA elections and proffer solutions.

Instructively, the Audit Committee in its final report returned the same verdict as the NBA Trustees, saying: “Nigerian lawyers were again optimistic that the 2020 Elections would be seamless as all the challenges encountered in the 2016 and 2018 Elections would have been fully addressed.” It however asserted that “that was not the case; like the previous elections, the 2020 Elections was controversial and there were pre-election and post-election issues and challenges.”

Continuing, the Audit Committee said: “INITS’ report revealed that during the elections on the ElectionBuddy platform, there were two major challenges. The first challenge was that based on the traffic and requests for the results between the first and second hour of the elections, voters and viewers began experiencing service degradation.”

The committee also indicted INITS Limited, the defunct ECNBA’s Technical Support Consultant (TSC), noting that “The INITS’ report did not include a Vote-by-Vote Audit Report. The Committee requested for the Report but was not able to obtain it before the submission of this Final Report.” Like ElectionBuddy, INITS Limited has been retained by the Akintunde-led ECNBA as joint ICT Service Provider for the 2022 Election.

Aside from generating a reliable voters register, the transparency of the electoral process has been in issue. The same is true of the election management body. Many analysts believe that Akpata got it right when he appointed Akintunde to spearhead the 2022 Elections, citing his avowed integrity and track record in conducting rancour-free elections at NBA Lagos Branch.

The NBA President had while inaugurating the Audit Committee stated that it (committee) “is already in the process of recommending reform measures to ensure that complaints about the NBA electoral process are significantly minimised.” The NBA Trustees had also committed to oversight electoral reforms.

The NBA Elections 2022 offer an uncommon opportunity not only for the NBA Board of Trustees, Akpata and Akintunde to walk the talk, but for all stakeholders to exhibit candour and good faith in ensuring that the association redeems its unwholesome electoral odyssey. There is no alternative to this desirable prospect.

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PORT HARCOURT CRISIS: APPEALS C’TE REVERSES SELF, AKPATA WASHES HANDS OFF VERDICT

The Nigerian Bar Association Branch Election Appeals Committee (East) has sensationally reversed itself in a decision disqualifying NBA Port Harcourt chairmanship aspirant, Mr. Viktor Benibo. The committee has now returned Benibo to the ballot in the election which holds tomorrow.

Meanwhile, NBA President, Mr. Olumide Akpata has brushed aside claims that he influenced the decision of the committee, saying he only acted according to the demands of his office.

CITY LAWYER recalls that the committee had disqualified Benibo for allegedly carrying out a campaign of calumny against his only opponent, Mr. Romeo Isokariari, saying: “It is the decision of this Appeals committee that the respondent Victor Benebo is hereby disqualified from contesting for the post of Chairman Port-Harcourt branch.”

In a decision obtained by CITY LAWYER, the 9-member Nnenna Uko-led Appeals Committee further held that “The unpalatable bullying through a campaign of calumny was linked to the respondent and his supporters and so it would be a disservice to the association to allow such odious precedent to show up in our Association without calling it out fully.”

But the committee has now reversed its decision following a petition to it by Benibo. The chairmanship candidate said that the committee was “unanimous” in reversing his disqualification. Benibo told CITY LAWYER that unknown to him, Isokariari was forwarding additional documents to the Appeals Committee after his petition to the committee, adding that the documents were not brought to his notice for his response.

His words: “It was not until around 12 noon or 1 pm yesterday that those documents were made available to me for the first time. As it turned out, a message titled ROMEO ESQUIRE also emanated from the telephone number in question. I believe my opponent contrived the entire scheme to achieve a desired result to wit, have me disqualified.”

He however said that he wrote to the committee and not to Akpata, adding that he never interfaced with the NBA President. Mr. Reginald Ugwuadu, the Director-General of VikBee Campaign Organisation and Integrity Group Media 2022, had stated in a public notice before the reversal that “In the light of the foregoing, Viktor Benibo and his campaign organisation, being law abiding and sticklers for due process, have approached the Appeal Panel for a review of the decision and have also called for the intervention of the National President and NEC, to redress this injustice.”

Isokariari told CITY LAWYER that he was surprised that the Appeals Committee reopened the matter after it had rendered its decision, describing it as “curious.” He noted that the latest Supreme Court decision on the Bayelsa State Governorship Election is clear on the point that the committee became functus officio after its decision, adding that “it cannot sit on appeal on its own decision.”

He also queried the presence of members of the NBA Port Harcourt Branch Electoral Committee and the Branch Chairman among others during the virtual hearing, saying that he “did not think they ought to be there as they are not parties in the matter.”

On the allegation by some critics that the Appeals Committee may have been pressured to review its decision and deliver a specific outcome, the chairmanship candidate said that “I cannot impugn her (Uko’s) character. I will not allude to that or take that to bank.”

Akpata however debunked the allegation that he brought undue influence to bear on the committee to reverse itself due to pressure from some of his allies. He told CITY LAWYER that he merely sent a petition to the Appeals Committee for its attention.

His words: “I did not do anything to influence the process. But I had a responsibility to discharge as NBA President. I received a petition and sent it to Appeals Committee. The members of the appeals committees were carefully chosen. The calibre of people in the Appeals Committee are persons of impeccable character; you dare not tell them what to do.”

On her part, Uko also debunked the allegation of bowing to pressure to upturn the committee’s earlier verdict. She told CITY LAWYER that there was no truth in the claim, saying: “This is a false assumption and almost uncharitable as it does not represent the person and character of the NBA President Olumide Akpata who has worked tirelessly to institute a transparent, effective and well respected Association. Furthermore, it is a disservice to the work our committee has done for anybody to suggest that we may have been teleguided or railroaded into rescinding the Decision.

“May I suggest you request the petitioner or the respondent to furnish you with a copy of the NBA Branch Election Appeals Committee Decision dated 25th June, 2022, the Response to Mr. Viktor Benebo’s request dated 27th June, 2022 for the Appeals Committee to review and rescind the decision and the letter written by the Appeals Committee dated 29th June, 2022. These documents will give you an unbiased assessment of the position. Thank you for your kindness in reaching out to hear from us.”

The branch election holds tomorrow with only the positions of Chairman and Secretary being voted for, as the other posts are unopposed.

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‘YOU ARE ONE OF US,’ NBA MINNA CHAIR EXTOLS GADZAMA

FEATURED

JOE-KYARI GADZAMA, SAN HOSTED TO LUNCH TREAT BY THE NBA MINNA BRANCH

On Monday, June 20, 2022 the Learned Silk Joe-Kyari Gadzama, SAN and his entourage including Mr. Mohammed Monguno, (Former Attorney-General, Borno State, Former Chairman NBA Maiduguri), Rt. Hon. Adamu Usman, (Former Attorney-General, Niger State and Former Speaker Niger State House of Assembly), Chief Oluwale, Mr. Sunusi Musa, Mr. Nasiru Usman (Chairman, NBA YLF), Mr. A.H Mohammed, Mr. Mark Chidi Agbo, (Junior Partner, J-K Gadzama, LLP), Rashidat Obamojure, Esq. (Senior Associate, J-K Gadzama, LLP, Chairperson, J-K Gadzama LLP Women’s Group), Mr. Hassan Sheriff (Associate J-K Gadzama, LLP) Miss Farida Lanre-Ipinmisho (Counsel, J-K Gadzama LLP), Miss Magai Magaji Aji (Counsel, J-K Gadzama LLP), Miss Rachel Jonathan and Mr. Anthony Ibe paid a courtesy visit to the NBA Minna Branch and had a sit-out session with Young Lawyers, Members and Executives, and FIDA Members at the NBA Minna Branch.

The opening remarks were rendered by Mr. Mohammed Waziri, (Chairman Elect of NBA Minna Branch). In his address the Chairman Elect welcomed the Learned Silk, Chief Joe-Kyari Gadzama, SAN and his entourage. He commended the impeccable personality of the Learned Silk, saying that the Learned Silk has remained a true Patriot of the Nigerian Bar and had come not just as a visitor but as one of them to share his ideas with the NBA Minna Branch.

Thereafter, he ceded the floor to the anchor who introduced Mr. Mohammed Monguno to address the attendees. Mr. Mohammed Monguno speaking passionately about the Learned Silk Joe-Kyari Gadzama, SAN said he had known the Learned Silk for a long time; since they were students. He said, “I have known Chief Joe-Kyari Gadzama, SAN and I still know him. He is someone who is resolute hardworking and God-fearing. I believe he can take the NBA to greater heights because I have watched him through the help of God advance his career from the lowest point without the advantage of a silver spoon to the peak of professional achievements. That is why I can speak on his behalf. I urge you all to give him your utmost support”.

Addressing the attendees, Mr. Mark referred to the Learned Silk as one who was not just interested in the professional growth of lawyers under his employment but was also concerned about personal development. He said, the Learned Silk had overtime ensured that his Counsel in the office were sponsored from time to time to take several certifications. He also referred to the Learned Silk as a quintessential Bar Patriot and a father not just to his biological children but his professional children.

Rashidat Obamojure, Esq. buttressed the Learned Silk’s ingenuity and fairness in handling issues in the office, (J-K Gadzama LLP). She described the Learned Silk as one who was fair to all regardless of religion, tribe or gender. According to her, about 65% of the Counsel in his office were female lawyers and the office had a women’s group known as Women’s Group of J-K Gadzama LLP. She urged the members of FIDA to support the Learned Silk in charting the course of the NBA.

Rt. Hon. Adamu Usman addressing the attendees, referred to J-K Gadzama, SAN as a true friend who always provided assistance when beckoned on. He recounted how he had been assisted several times by the Learned Silk. In his words, “J-K Gadzama, SAN is someone you all can trust and I believe he is most qualified for the job”.

Finally, the Learned addressed the attendees thanking them for their patience and kind gesture in hosting and accepting him as one of them. He said the meeting was not one for many speeches and as such he would adopt his manifesto and curriculum vitae as uploaded and shared on the website gadzama.com whilst mentioning a few things. He explained that there were no constraints on his ability to serve having amassed several achievements and gained experience through relentless service to the Nigerian Bar. In his words, “…the Nigerian Bar made me, I want reciprocate by serving the Bar in the highest possible capacity, give back to my colleagues and take the Nigerian Bar to higher heights by implementing new initiatives while continuing the good work of Mr. Olumide Akpata”. He thanked the audience for their rapt attention and prayed for God’s blessings for the Nigerian Bar.

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NBA ELECTIONS: EBONYI LAWYERS ENDORSE GADZAMA

FEATURED

GADZAMA, SAN CAMPAIGN RECEIVES A BOOST AS ASSOCIATION OF EBONYI STATE LAWYERS IN LAGOS ENDORSED HIS CANDIDACY, PROMISED TO WORK FOR HIM

The campaign trail of Chief Joe-Kyari Gadzama, SAN received an impetus on Saturday, June 19, 2022 when the Association of Ebonyi State Lawyers in Lagos State endorsed Chief Joe-Kyari Gadzama, SAN as the best and preferred presidential candidate for the forthcoming NBA election. This decision was arrived at when members of the Association present at the meeting took turn to apprise the pedigree and records of Chief Joe-Kyari Gadzama, SAN.

It was said that many young lawyers have benefitted from the professional training and mentorship programmes which Chief Joe-Kyari Gadzama, SAN has been relentlessly carrying on over the years, this records clearly show that J-K Gadzama is passionate about the growth and development of young lawyers in Nigeria. There is therefore no doubt that Joe-Kyari Gadzama is pro young lawyers and has the competence and capability to continue from where Mr. Akpata led Administration stops.

Sharing the antecedents of the Association, the Chairman of the Association, Mr. Agbafo Ogbonnaya narrated how the Association endorsed the candidacy of the present President of the NBA Mr. Olumide Akpata in 2020 and Mr. Akpata has not disappointed them. He said having assessed the all the candidates vying for the NBA presidency, Chief Gadzama, SAN stands tall and above others and it is clear that he is the only one with competence and capability to lead the Bar at this critical moment.

After deliberations, it was unanimously agreed and resolved that every member of the Association will not only vote for Chief Gadzama, SAN but will also work for his victory in the forthcoming election.

In confirmation of the resolution, members present at the meeting sang a special song which Mr. Kunle Ogunba, SAN crafted for Chief Joe-Kyari Gadzama, SAN.

J-K Now, J-K Now Now!!!

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‘YOU’RE THE ODOGWU OF NBA BRANCHES,’ CLEMENT CHUKWUEMEKA EXTOLS NBA LAGOS

The sui generis Bar Man, Clement Ugo Chukwuemeka, a cleared candidate for the position of 2nd Vice President in the forthcoming NBA National Election Felicitate the Lagos Branch on her June Branch General meeting holding today at the Nigerian Law School, Victoria Island, Lagos.

Lagos Branch no doubt remains the Odogwu Bar branch that all other branches are looking up to. As the last general meeting of the branch is held today before the NBA National Election, I join the entire Bar leaders to wish the branch a successful deliberation.

The leadership and the good members of Lagos Branch have consistently demonstrated their zest in the numerical strength of the Branch over other branches , any body that does not respect Lagos Branch and give them their deserving accolade does so to his or her peril.

It is on this premise I humbly urge the members of the Branch to humanely for the overall interest of the Bar to choose the right candidates that will salvage and consolidate on the gains of the out going leadership of NBA being led by the oracle of performance Olumide Akpata.

Lagos Bar, the odogwu of all branches, I wish the chairman, Excos and the entire members of the branch a peaceful deliberation for the overall betterment of the Bar. GOD BLESS US.

Clement Ugo Chukwuemeka
(Democrat)
For the office of 2nd Vice President, NBA 2022 Election

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COURT RULES BAN: AKPATA IN TALKS WITH ABIA CHIEF JUDGE

• SIT-AT-HOME ORDER DISRUPTS NBA/CJ PARLEY

The Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has waded into the brewing crisis in the Abia State Judiciary following a directive by the Abia State Chief Judge, Justice Onuoha Ogwe to bar lawyers from its courts.

Justice Ogwe had in a letter to NBA branches in the state informed them of his directive to judges to deny audience to lawyers without original copies of the controversial Abia State High Court (Practice and Procedure) Rules, 2021.

CITY LAWYER gathered from impeccable sources that NBA branches in the state are bracing for a battle with the state chief judge over the directive which a senior lawyer described as “insulting and degrading.”

But apparently to stave off a full-blown face-off with lawyers which may cause total shutdown of the court system, Akpata told CITY LAWYER that he has waded into the matter with a view to reaching a resolution.

Aside from engaging the embattled chief judge on the matter, the NBA President has also directed the chairmen of NBA Umuahia and Aba branches to meet with Justice Ogwe in order to hammer out a win-win solution to the debacle.

Akpata told CITY LAWYER that “I have reached out to the CJ and I have also asked the Chairmen of our Umuahia and Aba Branches to see him today.”

On the position of the NBA on the controversial directive, Akpata said: “This directive really is not tenable and I have told the CJ that much. Firstly, right of audience before a Court cannot be circumscribed except by virtue of clear statutory provisions in this regard. Secondly, in this day and age it is a bit strange to insist that every lawyer must possess a hard copy of the Rules when technology provides us with other alternatives.”

The NBA President was however confident that an amicable resolution would be reached on the face-off, saying: “I am hopeful that the matter will be resolved today after the meeting between the CJ and our Chairmen.”

However, there are strong indications that today’s meeting may not hold due to the weekly sit-at-home in the South East originally ordered by the pro-independence group, Indigenous People of Biafra (IPOB).

When CITY LAWYER contacted the chairman of NBA Umuahia Branch on whether the meeting was underway, he said: “The time of our meeting with the CJ is not yet settled. Today is sit-at-home in the East.”

CITY LAWYER recalls that the chief judge had in the letter observed that “lawyers have refused to purchase the new High Court Rules, while some photocopied the Rules for use in court.”

Dated June 16 and signed by the Chief Registrar of Abia State High Court, Mr. V. C. Okey-Nwokeukwu, the letter warned: “The Hon. Chief Judge directs that as from the date of this letter, any lawyer that appears in our High Court without his copy of the High Court Rules shall not be granted audience.”

But a senior lawyer who practices in the state told CITY LAWYER that many lawyers in the state are “agitated” by the directive, adding that they view it as “insulting and degrading.”

He said that while it is inappropriate for lawyers to photocopy the Rules as this may infringe copyright laws, “I can tell you that the directive will be ignored by most lawyers. Also, no judge can enforce that directive. On what basis will they do so? It is not compulsory for any lawyer to go to court with any Rules of court. It is optional. More importantly, it is payment of Bar Practising Fee that accords a lawyer audience in court, not possession of any court rules.”

Apart from Umuahia and Aba, the other NBA branches in Abia State are Isiala Ngwa, Ohafia, and Ukwa.

CITY LAWYER investigation shows that at least one jurist, Justice C. U. Okoroafor has refused to recognize the new Rules given that it bears the name of the former chief judge of the state as the signatory.

It was gathered that though the current chief judge had ‘corrected’ the defect through a Practice Direction, Justice Okoroafor does not permit the use of the Rules in his court, leading to a face-off with NBA Aba Branch which directed its members to boycott Justice Okoroafor’s court, citing “particularly his blatant refusal to use and or allow lawyers to rely on and or use the Abia State (Practice & procedure) Rules, 2021 in his court on the erroneous premise that there was no High Court Civil Procedure Rules in existence in Abia State.”

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GADZAMA UNVEILS OFFICIAL CAMPAIGN VIDEO

FEATURED

PRESIDENTIAL CANDIDATE OF THE NIGERIAN BAR ASSOCIATION, JOE-KYARI GADZAMA, SAN UNVEILS HIS OFFICIAL CAMPAIGN VIDEO

On Friday, June 17, 2022, Joe-Kyari Gadzama, SAN released a captivating and passionate video stipulating his plans for the advancement of the Nigerian Bar Association.

In the said video, the renowned bar patriot who has dedicated his life to the service of the bar highlighted his vision for the bar and stated the reasons why he is the best candidate for the position. It is no secret that the eminent silk has served the bar in different sections and various capacities and his contribution to the growth of the legal profession is commendable and inspirational. The Learned Silk’s exceptional track record of excellence indeed makes him the best man for the job.

The Learned Silk as man who speaks truth to power also promised to continue the good works of his learned colleague, Mr. Olumide Akpata.

Kindly watch the video at www.gadzama.com to learn more about the Learned Silk and his plans.

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NBA ONITSHA BRANCH HONOURS AKPATA, ODUAH, OTHERS

PRESS RELEASE

NBA ONITSHA BRANCH HONOURS OLUMIDE AKPATA, JOYCE ODUAH AND OTHERS, AS THE BRANCH INAUGURATES NEW SET OF EXECUTIVES

Moments ago, the Nigerian Bar Association (NBA) Onitsha Branch 2020 to 2022 Executives, led by the outgoing Chairman, Steve Onyechi ONONYE, honoured the NBA President, Olumide AKPATA Esq., the NBA General Secretary, Joyce Oduah, Esq. FICMC, among other nominees, by presenting portraits to them for their dedication and special friendship to the Premier Bar East of the Niger within the time under review.

The presentations made through Chudi Nwabufo Obieze SAN and Sir Okechukwu Ezeukwu Esq, did not come by any imagination of surprise, considering the serene working relationship the Branch enjoyed with the National body and its officers, which was evident in the numerous National Committees her members were appointed into to serve the Bar.

Amidst cheers from members of the Branch, the National Publicity Secretary of the NBA, Dr. Ernest Rapuluchukwu Nduka, and the Assistant National Publicity Secretary of the NBA, Ferdinand Naza Esq, both, members of the Branch, received the portraits of the President and the General Secretary respectively, on their behalf.

Onyechi Ononye led outgoing Executives of the NBA Onitsha Branch, today, Friday, 17/06/22, inaugurated and handed over the baton of leadership of the Bar to the newly elected Exco led by Mazi D. I. Uba.

Ononye in his valedictory speech thanked members of the Bar for their overwhelming support to his leadership, and wished the incoming team well and beckon on members to extend similar support to the newly inaugurated Executives, which session just concluded.

NBA, promoting the rule of law.

Dr. Noel N. Udeoji
Out-gone Assistant Secretary
NBA, Onitsha Branch.
(June 2020 – June 2022)

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AMANDA ASAGBA APPLAUDS SURULERE LAWYERS ON BRANCH STATUS

I wish to congratulate the leadership and members of Surulere Lawyers Forum (SLF) on the historic elevation of the Forum to a full-fledged branch of the Nigerian Bar Association by the NBA National Executive Council (NBA-NEC) at its recent meeting in Ilorin, Kwara State.

This is a well-deserved achievement when viewed against the backdrop of your longstanding Bar activism and uncommon programmes which target the welfare of your teeming and active members.

Let me also put on record my deep appreciation to you all for the very warm reception you extended to me and the opportunity accorded me to address the Forum. Please be assured that I do not take this for granted.

While commending our indefatigable NBA President, Mr. Olumide Akpata for his foresight in creating the new branches, I urge you all to continue with your laudable goal of promoting human rights and rule of law as well as fostering the well-being of members.

AMANDA DEMECHI-ASAGBA
AWLA President

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ISAAC OGBAH LAUDS AKPATA, NBA IN LAGOS, ABUJA ON NEC MEET, NEW BRANCHES

Isaac OMUTA Ogbah, FICMC, candidate for the 3rd Vice President of NBA has commended NBA President, Mr. Olumide Akpata and all national officers of the NBA and all NEC members for the success of Ilorin NEC meeting.

He also congratulated NBA branches of Kwara State for seeing to the success of Ilorin NEC meeting.

Ogbah, the publisher and Editor-in-Chief of the Erudite Judgments of the Supreme Court (EJSC), also congratulated NBA in Lagos and Abuja respectively for NEC’s approval of the establishment of NBA Surulere, Garki and Nyanya branches.

AMANDA ASAGBA LAUDS MEMBERS ON NBA-NEC MEETING IN ILORIN

I heartily rejoice with NBA President, Mr. Olumide Akpata, on the ongoing NEC Meeting in Ilorin.

I wish all NBA-NEC members, observers and other stakeholders fruitful deliberations.

As you commence your departure from Ilorin, l wish you all journey mercies to your various destinations.

AMANDA DEMECHI-ASAGBA

FRIENDS OF ISAAC OGBAH WELCOME AKPATA, DELEGATES TO ILORIN NBA-NEC

FRIENDS OF ISAAC OMUTA OGBAH, former Chairman of the NBA Ota Branch and Candidate for office of the NBA 3rd Vice President, welcomes the NBA President and all NEC delegates to Ilorin.

“… Friends of Isaac Omuta Ogbah, the immediate past Chairman of the Utter Bar, welcomes President of the NBA, Mr. Olumide Akpata and all NEC Members to the NEC meeting holding in Ilorin from June 8-June 10, 2022.”

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  • Jun 05, 2022
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ISAAC OGBAH ACCLAIMS EBF FOR PROMOTING RULE OF LAW

FEATURED

Isaac Omuta Ogbah felicitates with the Governor, Governing Counsel and members of the Eastern Bar Forum (EBF) and congratulated them on the success of their Calabar June Quarterly Meeting.

He admonished the entire members of the EBF and NBA at large to be great advocates of the Rule of Law, which NBA stands for, bearing in mind the times and seasons that this great nation, Nigeria 🇳🇬 presently is in.

He further admonished lawyers nationwide to ensure that both the current and incoming Bar leadership, both at the Branch and national levels keep alive the momentum that the present Olumide Akpata led leadership of NBA has taken the bar to, for with great and fearless leadership at the Bar we will have a better nation.

GADZAMA LAUDS AKPATA ON LAWYERS’ FINANCE SCHEME

FEATURED

CHIEF JOE-KYARI GADZAMA, SAN

RE: THE NBA ACCESS TO FINANCE SCHEME COMMENCING

On Monday, May 23, 2022, and Friday, May 27, 2022, the NBA, ably and amiably led by Mr. Olumide Akpata, signed a Memorandum of Understanding (MoU) with First Bank Ltd and Access Bank Plc respectively, as it relates to the framework regulating the NBA Access to Finance Scheme.

The imperative of the instant pilot scheme of the NBA, created for lawyers who may require loans for their working capital, operational needs and sundry purposes, cannot be overemphasized. This is especially true given that lawyers who meet the prescribed eligibility criteria can now access up to N2 Million at a single-digit interest rate.

This is indeed a huge milestone for the NBA community and a further testament to the waves of other lofty welfare initiatives of this present administration. I cannot but wholeheartedly commend this initiative and urge every and any eligible member to key into the many benefits the scheme affords.

As one of my focal areas of interest is to promote viable fiscal policies that enable the financial security, growth and stability of legal practitioners across Nigeria, it is a desire of mine, as a matter of urgency, to see that this instant scheme grows, thrives, and impacts the quality and development of the practice of law and the legal profession in Nigeria through financial empowerment.

Well done, Mr President. We appreciate you.

  • EMEKA NWADIOKE
  • May 30, 2022
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AKPATA STORMS NBA ILE-IFE FOR LAW WEEK

The President of the Nigerian Bar Association, Mr. Olumide Akpata today attended the opening ceremony of the NBA Ile-Ife Branch Law Week holding at the Ife Grand Resorts, Ife, Osun State.

Mr. President, while delivering his opening remarks as the Chairman of the Law Week, reiterated the point that the strength of the Nigerian Bar Association resides in the branches.

Below are photos from the event.

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ECNBA HAMMERS 3 NBA VP ASPIRANTS, AKPATA SETS UP APPEALS C’TES

At least three aspirants vying for the posts of Nigerian Bar Association (NBA) First and Second Vice President have been disqualified from contesting the forthcoming NBA Elections.

CITY LAWYER gathered that several reasons were given by the Electoral Committee of the NBA (ECNBA) from bringing its hammer down on the aspirants.

Meanwhile, NBA President, Mr. Olumide Akpata has set up both national and branch appeals committees to resolve appeals that may arise from disqualification of the aspirants.

The nine-member NBA 2022 National Election Appeals Committee (NNEACO) has renowned chartered arbitrator Funmi Roberts as Chairperson with Mr. Austin Ajineh of NBA Warri Branch as Secretary. 

Three NBA 2022 Branch Election Appeals Committees were also established for the three zones, namely East, West and North.

However, at least one aspirant has kicked against his disqualification. In a trending post on his dedicated WhatsApp platform, Mr. Muhammad Idris Doko of NBA Lagos Branch challenged his disqualification, saying the ECNBA decision “came to me as a rude shock.”

Giving more details on his disqualification, he wrote: “The reason for this is that one of my nominators, a Senior Advocate of Nigeria, is a member of a political party and into active politics. In addition to that, the ECNBA also claimed they could not find evidence of his membership of the National Executive Committee.

“This has come to me as a rude shock but I feel i owe you all a duty to inform you of the present state of things. Your unflinching support over the past few weeks has motivated me so much on this journey and I am forever indebted to you all.”

He vowed to “consider the available options open to me which includes appealing the decision of the ECNBA,” while urging his supporters to “remain calm and steadfast in your support for this project and I promise to inform you of any developments.”

CITY LAWYER gathered that the ECNBA hammer fell on the aspirant as his seconder, Mr. Mohammed Nadayako SAN is a card-carrying member of the Peoples Democratic Party (PDP).

The aspirants were given seven days to appeal the ECNBA decision. In an ECNBA disqualification notice sighted by CITY LAWYER, it wrote: “PLEASE NOTE that by virtue of Part IX, Second Schedule of the Constitution you can appeal to the Election Appeal Committee at e lectionappeal@nigerianbar.org.ng wihtin seven days of the communication of this decision to you.” 

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  • EMEKA NWADIOKE
  • May 18, 2022
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MAXIMUS UGWUOKE CONGRATULATES AKPATA ON NUPTIALS

Maximus Ugwuoke Congratulates Olumide Akpata, the President of NBA on his wedding.

Mr. Ikechukwu Maximus Ugwuoke, aspirant for National Welfare Secretary position of NBA and former social Secretary of NBA Enugu Branch has sent a congratulatory message to the the president of the NBA.

In his message Ugwuoke said: ” I join the legal community and the rest of the world to Congratulate you, our dear President, Olumide Akpata on the occasion of your traditional wedding with the love of your life, Osayamon Michelle Ogbebor at the ancient city of Benin today, 14th day of May 2022.

As the Holy Book says “He that findeth a wife, findeth a good thing and obtains favour from the Lord”. This singular event of your marriage taking place towards the end of your NBA presidency tenure is a demonstration of the the fact that God’s favour that made you the number one bar man in the country had continued to sustain you to attain the greater strides and accomplishment you have so far recorded in your office, the climax of which is your tying the marital knots at this point.

May God bless your marriage and continue to sustain it with love, peace, joy and happiness”.

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DEBORAH YAKUBU: NBA POSTPONES SPIDEL SOKOTO CONFAB

The Nigerian Bar Association has postponed its NBA Section on Public Interest and Development Law (NBA-SPIDEL) Annual Conference earlier scheduled to kick-off this weekend in Sokoto, saying it is “not only for the safety of our conferees and guests, but as a mark of respect for the memory of the slain Miss Deborah Yakubu.”

In a statement made available to CITY LAWYER, the lawyers’ association expressed worry “not just by the chilling news of the murder of Miss Deborah Yakubu, but also by the sudden and sad turn of events and the deteriorating security situation in Sokoto State.”

Continuing, the statement personally signed by NBA President, Mr. Olumide Akpata, added: “As such, having critically reviewed the current security condition in Sokoto, it has become apparent that we cannot guarantee the safety of our guest speakers, delegates and other stakeholders that have committed to attend the NBA-SPIDEL’s conference which was designed to put the State in the global spotlight for the duration of the conference and beyond. Accordingly, the Executive Committee of NBA-SPIDEL came to the painful decision to request, and I have approved, that the 2022 NBA-SPIDEL Annual Conference be postponed not only for the safety of our conferees and guests, but as a mark of respect for the memory of the slain Miss Deborah Yakubu.

Click here to read the full text.

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  • EMEKA NWADIOKE
  • May 14, 2022
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SAFIYA BALARABE CONGRATULATES AKPATA ON MARRIAGE

TRADITIONAL WEDDING OF THE NBA PRESIDENT, MR. OLUMIDE AKPATA:
CONGRATULATORY MESSAGE FROM SAFIYA BALARABE, TREASURER, NBA WOMEN FORUM

The traditional wedding of the NBA President, Mr. Olumide Akpata takes place today, 14th May, 2022 in Benin City, Edo State.

Safiya Balarabe, who is present at the ceremony, has sent a congratulatory message to the couple.

Her message reads:

“Congratulations to our able and indefatigable president, the latest groom as of today. I am elated to witness one of the happiest days of your life; your traditional wedding day.

Marriage is the Almighty’s arrangement and as you take on this new role as a husband, may God be with you and your amiable wife Michelle. May this beginning and new chapter in your lives last forever and may your joy and love flourish eternally.

We shall on October 2nd, 2022 continue our good wishes as you both celebrate the church marriage.

Happy married life”.

Signed:
Safiya Balarabe
Treasurer, NBA Women Forum

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