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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ENUGU RULING: DIALECTICS OF CTC, REMAND AND LAWYER’S FREEDOM, BY PROF. RACE ACHARA

In this article, leading jurist and former Dean of Law, PROF. R. A. C. E. ACHARA tackles the claim that the certified copy of a trending ruling of an Agbogugu Magistrates Court presided over by His Worship, Ezeobi Ngozi Anidi (Mrs) which allegedly ordered a remand of one F. C. Okeke Esq, is fake and proffers a synthesis 

The beauty of law often consists in its long established rules for testing between opposed versions of a story.

Currently, there is a CTC of the court’s proceedings. A CTC is by our Evidence Act the equivalent of the manuscript record of the presiding magistrate. If it has been forged by the court’s registrar, we should all be alarmed and the felon should be prosecuted and dismissed from service. What was published is not an enrolled order where perhaps the registrar might, in the inevitable attempt at summarization, have lost the meaning intended by the adjudicator. But even here, the hoary legal principles provide an important safeguard. If it is an enrolled order drafted by the court’s clerk or registrar, the adjudicator himself must sign it. This affords such a magistrate the opportunity and duty to cross-check the draft. A CTC involves no summary. It is a direct capture ipsissima verba of the record made by the adjudicator on the record book. This is why there’s no legal necessity for the judge to sign it, having already signed the original record book from which it has been extracted by her own staff.

So, which of the two conflicting stories would lawyers accept under our age-old laws and practice procedures? The record book (extracted by the court’s registrar, at a fee, and under the judicial seal of Enugu State by the usual Evidence Act procedure of a CTC)? Or, a social media publication by a random lawyer (with no legal practitioner’s stamp and seal, no claim of representation for the Hon. Chief Magistrate, or any apparent nexus or employment with the Enugu State judiciary)?

Nota bene:

The two narratives conflict only on the matter of whether or not the learned magistrate made the order suggesting, as shown in the CTC of her own records, that learned counsel should be remanded in police custody until such a time as his contemptuous client is found to replace him in gaol.

The grammatical ambiguity might be good reason for the police not to detain the lawyer, but that is a different conversation altogether.

Other than in this respect, the body of the new narrative does not conflict with the gist of the CTC. It talks of the conduct of the client, which if proven, could warrant his committal to prison for contempt. Apparently, the learned Chief Magistrate had already indeed committed him (ostensibly in absentia) to prison. It did not address the CTC evidence that as a result of the client’s assumed peccadilloes, the Hon. Chief Magistrate turned her ire on the client’s counsel. Indeed, the narrative tends to buttress this.

This is no instance to throw the safety of fellow counsel to the dogs merely for representation of their clients in court. Unless taken to its legal limits, the precedent would be dangerous and only encourage any out of control adjudicator to gamble on an abusive, infra dignitatem imprisonment of a legal practitioner, in the malicious understanding that before its reversal, the humiliated fellow lawyer would have unjustly, even if for a few hours, been incarcerated in shame.

Chief Theodore Ezeobi, SAN, God rest his soul, would never tolerate this sort of humiliation. His name need not be dragged into this fiasco.

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