LAWYER SEEKS COURT ORDER TO CARRY AK-47

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

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

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

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

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

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

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

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

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

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

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

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

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

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

WHY COURT ANNULLED ADAMAWA APC GUBER PRIMARY (JUDGMENT)

A Federal High Court sitting in Yola recently nullified the Adamawa governorship primary of the All Progressive Congress (APC) which produced Sen. Aishatu Binani, as the party’s gubernatorial candidate for the 2023 election.

Ruling on the case filed by Malam Nuhu Ribadu, the court declared Binani’s candidature null and void. In his ruling, Justice Abdulaaziz Anka said the APC had no candidate for the 2023 governorship election in the state. He also ordered Binani, who was earlier declared winner of the election to stop parading herself as the party’s candidate for the 2023 governorship election.

The court held that the APC governorship primary election held on May 26, 2022, was marred with irregularities such as voting, and not being compliant with the 2022 Electoral Act and the party’s constitution.

Agency reports noted that Ribadu, a former Chairman of the Economic Financial Crimes Commission (EFCC), filed a suit challenging the APC governorship primary over alleged irregularities. Binani scored 430 votes to defeat her closest opponent, Ribadu who polled 288 votes in the election.

To view the full text of the judgment, click here.

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘HOW MY SIGNATURE WAS FORGED FOR INEC, BVAS LAWSUIT,’ BY LAWYER

• SAYS ‘MY COLLEAGUE HAS APOLOGIZED TO ME, BUT ….’

• LAWYER SAYS IT IS A ‘MISPLACEMENT’

The lawyer in the middle of the controversial lawsuit filed at Federal High Court, Owerri to stop electronic transmission of results and use of Bimodal Voter Accreditation System (BVAS) by the Independent National Electoral Commission (INEC) has told CITY LAWYER that the lawyer who actually filed the lawsuit “forged” her signature on the court documents.

According to Onyinyechi Joy Abazie, an Owerri based lawyer, the lawyer has also apologized over the incident.

Restating her earlier disclaimer concerning the lawsuit, Abazie who said that she is a “junior lawyer” in the Law Office of CK Mgbekonye & Co., Shekinah Chambers of No. 9 Egbu Road, Owerri, told CITY LAWYER that “I want to use this opportunity to further disclaim that I did not file any suit in Federal High Court, Owerri against INEC or Professor Mahmood Yakubu.”

She said that the suit “was filed in my name and without my consent by Blessing B. Mike Iwuajunwa, Esquire.”

Giving details on how her Nigerian Bar Association issued official stamp got on the court document, Abazie said: “She (Iwuajunwa) called me from my our own office at No. 9 Egbu Road, Owerri while I was in Lagos during the NBA National Conference, requesting that I give her two of my (NBA) seals.

“I asked her what she needed to do with my seal; being a senior lawyer, at least she can afford to pay for any quantity that she wants. And she said she bought a landed property in her name, that she doesn’t want to be the donee and also the maker of the Power of Attorney.

“I said OK, no problem. Give any of our secretaries phone. She gave one of our secretaries Chinyere phone. And I instructed Chinyere where she would collect my seal from and give this my learned senior – which Chinyere did.

“My learned senior left and promised that we would see when I come back from the conference. I came back from the conference and called her severally for us to meet, probably for me to go through the document that she has prepared and know if it is worth signing by me or not, but due to our busy schedules we didn’t meet.

“So I travelled to the village today in preparation of my mum’s burial which is (to hold) a week today, only for me to be getting numerous calls upon calls concerning this suit that she filed in my name without my consent.

“And the most painful part of it is that she also forged my signature. This is so disheartening. I am being distracted now from the normal activities that brought me home.

“I don’t know why a senior lawyer of her kind that I respect so much, how she could descend this low to do things at my own detriment. I feel very very bad. I feel really pained now.

“She has called to apologize, but then the deed has been done.”

When CITY LAWYER asked Iwuajunwa whether she was involved in the matter, she said “No.” She accused CITY LAWYER of ‘hacking’ her telephone number, even as she kept asking: “How did you get my number?”

Iwuajunwa also said: “I just read the disclaimer you sent to me. I want to know how I am connected.” She finally stated that “there is a misplacement in the name” but did not respond to further enquiries.

CITY LAWYER had in an earlier report noted how Abazie had disowned the lawsuit, saying she does not know the plaintiff, Nwankwere Morale Chinwen.

In the controversial suit obtained by CITY LAWYER, Chinwen is urging the Federal High Court sitting in Owerri to grant “AN ORDER of injunction restraining the Defendants, whether by themselves, staff, officers, privies, or howsoever described from using or deploying the Bimodal Voter Accreditation System (BVAS) or any other similar device, equipment, instrument, or gadget of such or same nature for the accreditation of registered voters in the 2023 General Elections.”

The plaintiff is also seeking “AN ORDER of injunction restraining the Defendants whether by themselves, staff, officers, privies, or howsoever described from electronically transmitting, feeding or collating the results of elections at the 2023 General Elections.”

Dated August 24, 2022, the lawsuit was allegedly filed by “J. O. ABAZIE, ESQ” of Dimogbuji Chambers, 134 Wetheral Road, Owerri.

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

LAWYER DISOWNS SUIT AGAINST INEC, BVAS, ELECTRONIC TRANSMISSION, BLAMES COLLEAGUE

Controversy has enveloped a lawsuit reportedly filed against the use of the Bimodal Voter Accreditation System (BVAS) by one “J. O. ABAZIE ESQ,” an Owerri-based lawyer.

Washing her hands off the lawsuit, Joy Abazie stated in a “Disclaimer” now trending on social media that “I do not know Nwankwere Morale Chinwen, the purported plaintiff in the Suit neither have I met him/her before. He is not my client and neither did he brief me for any matter whatsoever.”

Abazie, an Owerri-based lawyer who said that she is currently bereaved and battling over burial plans for her deceased mother, also stated that “The person behind this unfortunate act is one Blessing Iwuajunwa, Esq, a colleague in Owerri who was the only person I have given my NBA stamp since this year and she told me that she needs the stamp to prepare a land instrument owing to unavailability of her stamp.”

Continuing, Abazie added that “It is very pathetic that such sensitive suit which is likely to make or mar the future of a Nation could be filed without my consent, authority or approval.”

In the controversial suit obtained by CITY LAWYER, one Nwankwere Morale Chinwen is urging the Federal High Court sitting in Owerri to grant “AN ORDER of injunction restraining the Defendants, whether by themselves, staff, officers, privies, or howsoever described from using or deploying the Bimodal Voter Accreditation System (BVAS) or any other similar device, equipment, instrument, or gadget of such or same nature for the accreditation of registered voters in the 2023 General Elections.”

The plaintiff is also seeking “AN ORDER of injunction restraining the Defendants whether by themselves, staff, officers, privies, or howsoever described from electronically transmitting, feeding or collating the results of elections at the 2023 General Elections.”

Dated August 24, 2022, the lawsuit was allegedly filed by “J. O. ABAZIE, ESQ” of Dimogbuji Chambers, 134 Wetheral Road, Owerri.

Efforts by CITY LAWYER to reach both lawyers proved abortive. While Abazie’s verified telephone number was “switched off,” the telephone contact endorsed on the court process and suspected to be Iwuajunwa’s contact rang without response.

A source close to Abazie however told CITY LAWYER that she had “complained bitterly” about the matter to him, adding that she is “totally in the dark concerning the lawsuit.”

It was unclear at press time whether any date has been fixed for hearing of the lawsuit.

Below is the full text of Abazie’s disclaimer.

DISCLAIMER

My attention has just been drawn to a Suit commenced via Originating Summons filed at the Federal High Court, Owerri Judicial Division in Suit No. HOW/OW/CS/144/2022 Between NWANKWERE MORALE CHINWEN V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & 1 ANOR.

I hereby state in categorical and unequivocal terms that the suit was filed without my consent. The signature on the process is not mine and my initials is O.J. Abazie, Esq. The office address on the process is also not mine.

The person behind this unfortunate act is one Blessing Iwuajunwa, Esq, a colleague in Owerri who was the only person I have given my NBA stamp since this year and she told me that she needs the stamp to prepare a land instrument owing to unavailability of her stamp.

Let it be known that I do not know Nwankwere Morale Chinwen, the purported plaintiff in the Suit neither have I met him/her before. He is not my client and neither did he brief me for any matter whatsoever.

Let it be known also that I have been preoccupied in the village with the burial preparation of my late mother for some time now.

It is very pathetic that such sensitive suit which is likely to make or mar the future of a Nation could be filed without my consent, authority or approval.

I hereby condemn such act in unequivocal terms and shall take the necessary steps to address such unprofessional conduct.

The public should therefore take note.

O.J. Abazie, Esq.

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

WHY ABUJA COURT REFUSED INTERIM RELIEFS TO ODUAH: THE INSIDE STORY

The quest by suspended Nigerian Bar Association General Secretary Joyce Oduah to return to her position was scuttled by the similarity in the prayers sought in the plaintiff’s two applications before the court, CITY LAWYER can authoritatively report.

According to a source who attended the court hearing, though NBA had urged Justice A. R. Mohammed of the Federal High Court not to entertain Oduah’s ex-parte application due to the association’s preliminary objection against the lawsuit, the court insisted on hearing the motion.

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.

Oduah’s Counsel, Mr. Ayotunde Ogunleye 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.

The matter was then adjourned to Tuesday, August 23, 2022 for hearing of the applicant’s Motion on Notice.

The Lead Counsel to Oduah and former Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN) had confirmed the ruling to CITY LAWYER , saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

It is unclear how the ruling will impact the scheduled NBA National Executive Council Meeting scheduled to hold on Sunday. Among the resolutions of the National Officers is their resolve to ask the NBA-NEC to remove or impeach the suspended General Secretary.

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 has 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.”

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

WHY FEDERAL HIGH COURT LACKS POWER TO REMOVE UMAHI

MR. JOHN COLLINS NWOBODO, an Enugu based lawyer, argues in this piece that while the Federal High Court by section 272 (3) of the Constitution of Nigeria (as amended) has jurisdiction to hear and determine the question as to whether the term of office of a Governor or Deputy Governor has ceased or become vacant, that jurisdiction is not at large but only relates to the recognized grounds for their removal 

LEGAL EXPLORATION OF THE UNTENABILITY OF THE FEDERAL HIGH COURT JUDGMENT REMOVING THE GOVERNOR AND DEPUTY GOVERNOR OF EBONYI STATE FROM OFFICE

Introduction
On Tuesday, 8 March 2022, the Federal High Court Abuja presided over by Honourable Justice Inyang Ekwo while delivering judgment in Suit Number FHC/ABJ/CS/920/2022 instituted by the Peoples Democratic Party ordered the sack of the Engineer David Nweze Umahi and Dr. Eric Kelechi Igwe, Governor and Deputy Governor of Ebonyi State respectively.

The reason for the court’s decision is premised on the court’s understanding that votes garnered during elections belong to the Political Party that sponsored the candidate citing section 221 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). In the court’s view, since the Governor and his Deputy had defected from the Political Party through which they came into office, they cannot lawfully transfer the votes obtained under the platform of the PDP to the APC, their new political abode. The said provision of section 221 of the Constitution cannot by any stretch of imagination be interpreted to mean that votes scored in an election belong to Political Parties. The section merely states that only Political Parties can canvass for votes for any candidate in an election. To canvass simply means to ask for or seek support. The language of the Constitution is so clear and unmistaken that the role of the Political Party is to ask for votes on behalf of its candidate. A benefit obtained on behalf of someone indeed belongs to the person on whose behalf it is solicited and not otherwise.

Germane to the issue under discourse is the question whether the office of Governor or Deputy Governor of a State becomes vacant upon the defection of the holder of the office from the Political Party on whose platform he was elected. Put differently, can the Governor or Deputy Governor be removed from office on the ground of defection?

The above formulated question will be answered by an exploration of the law on how, when and circumstances under which an elected executive political office holder- President, Vice President, Governor, Deputy Governor can be removed or may cease to hold office.

Grounds for vacation of office or cessation of office under the Constitution
Under the Constitution, the office of the President, Vice President, Governor and Deputy Governor will become vacant under the following circumstances:

(a) Succession
(b) Death
(c) Resignation
(d) Impeachment
(e) Permanent incapacity
(See generally, sections 135, 143, 144 in respect of President and Vice President; 180, 188, 189 in respect of Governor and Deputy Governor).

From the above provision, defection is not one of the grounds for the Governor or his Deputy to vacate office. This issue came up for determination in the Supreme Court in the case of Attorney General of the Federation & 2 Ors. v Atiku Abubakar & 3 Ors (2007) 10 NWLR (Pt 1041) 1 wherein the Supreme Court categorically stated: “The power to remove the President and Vice President is provided for in section 143 of the Constitution. The provision clearly gives the role of removing the two public officers to the National Assembly….The Constitution has not conferred on the court the power to declare the office of the holder of the two offices vacant for whatever reason. Section 146 of the Constitution relied on does not confer such power on the Court….What section 146(3)(c) provides for is that where the office of the Vice President becomes vacant ‘for any reason’, the President shall nominate a new person, with the approval of each House of the National Assembly to fill the vacancy. The subsection does not confer any role on the Court in the process.” Section 191 (3) is the equivalent provision to section 146 in relation to the office of the Governor and Deputy Governor and the interpretation given to section 146(3)(c) applies mutatis mutanda to section 191(3).

Defection not a ground for a Governor or Deputy Governor to vacate office
Under the Constitution, defection as a ground to lose an elective political office applies only to members of legislative houses- Senate, House of Representatives and House of Assembly of a State. See section 68(1)(g) of the Constitution in the case of a member of the National Assembly and section 109(1)(g) in the case of member of the House of Assembly. In Abegunde v Ondo State House of Assembly & Ors (2015 8 NWLR (Pt 1461) 314 at 320 ratio 1, the Supreme Court held under section 68(1) of the 1999, where a person whose election to the legislative house was sponsored by a political party, becomes a member of another political party before the expiration of the period for which that house was elected, he would have to lose his seat in that house. But under the proviso to the said section, if his membership of the new political party occurred because there was division in the political party which sponsored him and as a result he joined the new political party he does not lose his seat.

From the foregoing, it is clear that the Constitution did not intend that an elected executive political office holder will lose his position on the ground of defection. The Supreme Court in Jev v Iyortom (2015) 15 NWLR (Pt 1483) 484 at 497 ratio 8 stated that the express and unambiguous mention of one thing in a statutory provision automatically excludes any other which otherwise would have applied by implication with regard to the same subject matter. Had the framers of the Constitution intended that defection shall be a ground for vacation of office by elected executive political holders they would have provided so in clear terms.

The legal proposition that votes belong to Political Party no longer the law
Again, let us re-examine the reason, on which the Court’s decision was based, that is, that votes garnered during election belong to political parties and not the candidate. This is in fact no longer the law. The often quoted case of Amaechi v INEC (2008) 5 NWLR (Pt 1080) in support of the proposition that votes belong to the political parties no longer stands. In Ozomgbachi v Amadi (2018) 17 NWLR (Pt 1647 171 at 174 ratio 6, the Supreme Court emphatically held that it is individuals, as candidates, who contest and win elections. Also, in CPC v Ombugadu (2013) 18 NWLR (Pt 1385) 66 at 78, 79 ratio 6, the Supreme Court held: “…While a candidate at an election must be sponsored by a Political Party, the candidate who stands to win or lose the election is the candidate and not the political party that sponsored him. In other words, political parties do not contest, win or lose election directly; they do so by the candidates they sponsored…”

Two other instances in addition to the ones earlier mentioned which may give rise to the removal of an elected executive political office holder are:

(1) Through a pre-election case instituted within 14 days of the occurrence of the event. See section 285 (9) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). However, the question may be asked did the suit which culminated in the orders made by the court a pre-election matter as defined by section 285 (14) of the Constitution (as amended). It is obviously not.

(2) Through an election petition complaining of an undue election or undue return. This is also not the case here.

Granted that the Federal High Court by section 272 (3) of the Constitution of Nigeria (as amended) has jurisdiction to hear and determine the question as to whether the term of office of…a Governor or Deputy Governor has ceased or become vacant, that jurisdiction is only in relation to the recognized grounds as already highlighted and does not extend to defection.

Impropriety of the Order Made
Another major flaw in the decision of the Court relates to the nature of order(s) granted. Assuming that defection is a ground to vacate office which is not though, the court lacked the jurisdiction to order the Peoples Democratic Party to submit a name of its candidate to INEC. In the circumstance where the offices of the Governor and Deputy Governor are vacant at the same time, the Speaker of the House of Assembly is the appropriate person to hold the office pending the conduct of fresh election. See section 191(2) of the Constitution (as amended).

Immunity not a bar when the issue touches on whether the office of a Governor or Deputy Governor has ceased or become vacant
One other point worth addressing before I end this discourse is the issue of whether the Governor can be sued in the context of the question of whether his office has become vacant. Learned Senior Advocate, Chief Mike Ozekhome, in his commentary titled, “Neither A Governor Nor Deputy Governor Can Be Removed From Office By A Court of Law For Defecting From His Political Party To Another” raised the question “Could the Governor and His Deputy Have Been Sued in the First Case?” and surmised that no civil or criminal proceedings could ever sustain against the Governor and Deputy Governor while still holding office citing in support the cases of Tinubu v IMB Securities PLC (2001) LPELR-3248 (SC); I.C.S (Nig.) Ltd v Balton B.V. (2003) 8 NWLR (Pt 822) 223; Fabunmi v IGP & Anor (no citation supplied) and Global Excellence Communications Ltd & ors v Donald Duke (2007) LPELR-1323 (SC). I strongly disagree with the Learned Senior Advocate’s viewpoint. The defence of immunity does not avail a Governor or Deputy Governor when the question borders on whether the term of office of a Governor or Deputy Governor has ceased or become vacant. This is because the Federal High Court is imbued or clothed with jurisdiction to hear and determine the question as to whether the term of office of…a Governor or Deputy Governor has ceased or become vacant by virtue of section 272 (3) of the Constitution of Nigeria (as amended).

John Collins Nwobodo Esq. LL.B, BL, LL.M
Enugu based Legal Practitioner

To join our Telegram platform, please click here 

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use. The views expressed in this article are entirely those of the author and do not necessarily reflect

CITY LAWYER cannot guarantee the completeness, accuracy of the data and content of the website, nor that it is up to date at all times. CITY LAWYER accepts no liability for any direct or indirect damage of any kind whatsoever that arises from, or is in any way related to the use of the website or its accessibility or lack thereof. The assertions and opinions expressed in articles, announcements and/or news on this website reflect the views of the author(s) and do not (necessarily) reflect the views of the webmaster, the internet provider or CITY LAWYER. CITY LAWYER can in no way whatsoever be held responsible for the content of such views nor can it be held liable for any direct or indirect damage that may arise from such views. CITY LAWYER neither guarantees nor supports any product or service mentioned on this website, nor does it warrant any assertions made by the manufacturers or promoters of such products or services. Users of this website are always recommended to obtain independent information and/or to perform independent research before using the information acquired via this website.

FHC LACKS JURISDICTION TO REMOVE UMAHI, SAYS OKUTEPA

In this opinion article which he posted today on the CITY LAWYER WhatsApp platform, fiery Bar Leader and Election Petition lawyer, MR. JIBRIN OKUTEPA SAN argues that the Federal High Court lacks the constitutional power to unseat Ebonyi State Governor Dave Umahi

Today the a Federal High Court sitting in Abuja had ordered the Governor Ebonyi State Chief Dave Umahi and his Deputy Chief Eric Kelechi Igwe to vacate their offices on account of their defections from PDP to APC. The plaintiff in the matter was PDP. The learned trial judge based his judgment, from what I gathered from the news making rounds that the votes that brought the Governor and his Deputy to power were votes of PDP and not personal votes of the duo, and therefore the duo were not capable of transferring the votes to APC. Before I make further comments let me be clear. I am not a member of any of the Nigerian Political parties and I have no political affinity with any. My comments are purely to interrogate the constitutional validity of the decision and the jurisdiction of the court to make the orders and declarations it made.

This judgment on the superficial level seems very attractive and well intentioned to instill political sanity in our otherwise reckless political terrains. But beyond this and also scoring political debates, is there jurisdiction in the Federal High Court to make the orders it made, in the light of, and upon a dispassionate construction and interpretation of Nigerian Constitution 1999 as amended. I do not think so. I will therefore endeavor to draw our attention to the procedures for removal of governor and his deputy and the authority or institution that has jurisdiction to do so as provided in our constitution.

There is no dispute that the Nigerian Constitution provides that there shall be a governor and a deputy governor for each states of the Federation. See section 186 of the 1999 constitution. There is equally no doubt that for purposes of election to the office of the governor and deputy governor they do so on the platforms of political parties. This very much is conceded. But after elections, declaration and swearing in of the Governor and Deputy Governor, the Constitution has set out how they duo can be removed from office, who has the powers to remove them and which court can decide if their term of office has come to an end.

Section 188 of the 1999 Constitution deals with who can remove a Governor or Deputy Governor from office. It is the House of Assembly after following the due processes set out in the constitution. No matter the political iniquities committed by the Governor and his Deputy there is no jurisdiction in the Federal High Court to remove them from office or ordered their removal from office.

There is no power and jurisdiction in the Federal High Court to determine and declare that by constitutional misconduct of defecting to another political party other that the party upon which the Governor and the Deputy Governor were elected their seats had become vacant and to order the conduct of election to their offices. Jurisdiction to made post election declarations and orders as made by the Federal High Court is not in our constitution. Section 251 of the 1999 constitution as amended in subsection 4 limited the jurisdiction of Federal High Court to determine whether the seat of a member of House of Representatives has become vacant or that of members of senate.

It appears that the draftsman of our constitution did not contemplate that when a governor defects or his deputy then he or she must vacate the office. If that were to be the case, the constitution would have said so. See section 68(1) (g) of the 1999 Constitution. When there is a dispute whether the term of office of a member of House of Assembly, Governor or Deputy Governor has become vacant or that they have ceased to hold their respective offices by whatever allegations, only the state High Court has jurisdiction to entertain such complaints. See section 272 (3) of the Constitution.

Clearly from the reading of the entire Nigerian Constitution, it is submitted with respect that while one must celebrate the jurisprudential logic and reasoning in the judgment under review, which is thought provoking and accord with moral demands to see that our democracy is well nurtured and follow best international practices and standards, such logic and reasoning cannot be situated within any of the well known cannons of interpretations.

The Supreme Court set the cardinal principles governing the interpretation of constitutional provisions as enunciated in the case of Rabiu vs The State (1980) 8-11 SC 130, that Courts should whenever possible and in the interest of justice lean to the broader interpretation unless there is something in the text or the rest of the constitution indicating that the narrower interpretation will best carry out the objects and purposes of the Constitution. This very much his lordship Adekeye, JSC as he then was said in the case of the Attorney General of Nasarawa State vs. Attorney General Of Plateau State(2012) LPELR-9730(SC) at 62, paras. B-C) when his lordship said Constitution must be read as a whole to determine the object of particular provisions.

This is what the Supreme Court said: It is a settled principle of interpretation that whenever a Court is faced with the interpretation of a Constitutional provision, the Constitution must be read as a whole in determining the object of the particular provision. This requirement places a duty on the Court to interpret related Sections of the Constitution together. See Nafiu Rabiu v. The State (1980) 8 – 11 SC 130 at 148; (1980) 8 – 11 SC (Reprint) 85 and Bronik Motors & Anor v. Wema Bank Ltd (Supra). In Hon. Justice Raliat Elelu-Habeeb (Chief Judge of Kwara State) v. AG Federation & 2 Ors (2012) 2 SC (Pt.1) 145, this Court stated thus:- “The duty of the Court when interpreting a provision of the Constitution is to read and construe together all provisions of the Constitution unless there is a very clear reason that a particular provision of the Constitution should not be read together. It is germane to bear it in mind the objective of the Constitution in enacting the provisions contained therein. A Section must be read against the background of other Sections of the Constitution to achieve a harmonious whole. This principle of whole statute construction is important and indispensable in the construction of the Constitution so as to give effect to it.

Guided by the above decisions and other decisions of our superior courts of record, it is my submission that the decision of the Federal High Court in this case suffers seriously from jurisdictional fatalities and may not stand when challenged. The question of independent candidate does not arise in this case.

Clearly the constitution has set out how a Governor and Deputy can be removed from office after they had assumed duties. The law is that where the law has set out how a thing is to be done and in this case the Nigerian Constitution has set out how to remove Governor and Deputy only that procedures must be followed. This much the Supreme Court has said per Garba JSC. Hear Garba JSC.

“In IAL 361 Inc. v. Mobil Nig. Plc (supra), the law was restated at page 2 that:- “And the law is sacrosanct that where there is a non-compliance with a stipulated precondition for setting a legal process in motion, any suit instituted in contravention of the pre-condition provision of the relevant law, is incompetent and a Court of law, is for that reason, lacking in jurisdiction/power to entertain it.” The cases of Western Steel Works Ltd. v. Iron & Steel Workers Union of Nigeria (1986) 3 NWLR (pt. 30) 617, Ajanaktl v. C.O.P. (1979) 3 & 4 SC, 28, and Gambari v. Gambari (1990) 5 NWLR (pt. 152) 572 are cited and relied on for that position of the law. This Court, per Musdapher, JSC, (former CJN) in the case of Owoseni v. Faloye (2005) 14 N WLR (pt. 496) 719 at 740 had stated in the lead judgment, that:- “Now, in my view, the Court of Appeal is perfectly right in the statement of the law to the effect that where a statute prescribes a legal line of action for the determination of an issue, be it an administrative matter, Chieftaincy matter, or a matter for taxation, before going to Court.” Oguntade, JSC, in his concurrent decision emphasized at page 757, that: “It is important to stress that laws which prescribed that some procedural steps to be taken to resolve a dispute before embarking on actual litigation are not and cannot be treated or categorized as ousting of the jurisdiction of the Court. Indeed, if such laws do so, they would be in conflict with the provisions of the Constitution. Such laws, only afford the body to which such disputes must be referred to in the first instance an opportunity to resolve the dispute if it can before recourse to the Court. In other words, they serve the purpose of preventing actual litigation in Court where it is possible or desirable to resolve the dispute.” Then in Ogologo v. Uche (2005) 14 NWLR (pt. 945) 226 at 245, Belgore JSC (former CJN) restated, emphatically, that:- “Where a law has given exclusive power to a body to decide, the Court cannot come in before that body has exercised that power. Court can come in only where there is exhaustion of all remedies before that body and Court will then be able to decide whether that power had been exercised lawfully.” See also Okomalu v. Akinbode (2006) 9 NWLR (pt. 985) 338 (SC). From these authorities, it is clearly incontestable, legally, that where the provisions of a statute or law prescribe some internal mechanisms by which, remedies or reliefs for some grievance/s could be sought and to be followed or complied with by a party before instituting a legal action in a Court of law over the same grievance/s, the party has no discretion or option, but to exhaust all the remedies provided for by the statute or law first, before going to Court as the Court’s jurisdiction in such circumstance, will be put in abeyance pending the completion of the internal mechanisms for the remedies. I refer to ORAKUL RESOURCES LIMITED & ANOR V. NIGERIAN COMMUNICATIONS COMMISSION & ORS (2022) LPELR-56602(SC) Per GARBA, JSC at PP. 26-29, paras. D-A

Clearly the procedures adopted by the PDP in seeking the removal appears with respect outside of the contemplation of our constitution.

But let us wait and see what the other higher courts in the land will say, but until then it does not lie in the mouth of the Governor or his Deputy to say they will not obey the orders. Their remedies are not in acting contemptuously but in ventilating their dissatisfactions by due process.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use. The views expressed in this article are entirely those of the author and do not necessarily reflect

CITY LAWYER cannot guarantee the completeness, accuracy of the data and content of the website, nor that it is up to date at all times. CITY LAWYER accepts no liability for any direct or indirect damage of any kind whatsoever that arises from, or is in any way related to the use of the website or its accessibility or lack thereof. The assertions and opinions expressed in articles, announcements and/or news on this website reflect the views of the author(s) and do not (necessarily) reflect the views of the webmaster, the internet provider or CITY LAWYER. CITY LAWYER can in no way whatsoever be held responsible for the content of such views nor can it be held liable for any direct or indirect damage that may arise from such views. CITY LAWYER neither guarantees nor supports any product or service mentioned on this website, nor does it warrant any assertions made by the manufacturers or promoters of such products or services. Users of this website are always recommended to obtain independent information and/or to perform independent research before using the information acquired via this website.

RPC: COURT FIXES MARCH 24 FOR NBA/MALAMI SUIT

The Attorney General of the Federation, Mr. Abubakar Malami SAN and the Nigerian Bar Association (NBA) will go head-to-head on March 24, 2022 at the Abuja Division of the Federal High Court in the legal tussle on the controversial amendment of the Rules of Professional Conduct for Legal Practitioners (RPC), CITY LAWYER can exclusively report.

This follows the assignment of the case filed by the NBA against Malami to Justice Donatus Okorowo of the Federal High Court.

According to a document obtained by CITY LAWYER, the case, INCORPORATED TRUSTEES OF THE NBA VS ATTORNEY GENERAL OF THE FEDERATION has also been assigned Suit Number FHC/ABJ/CS/77/2022.

It is recalled that fiery NBA-SLP Chairman, Chief Ferdinand Orbih SAN had in an exclusive interview last December told CITY LAWYER that NBA would sue Malami unless he formally reversed amendment of the RPC.

Giving further insight into the matter, Orbih said: “The Section on Legal Practice under my leadership was mandated by the National President of the NBA to drive the process. Upon receipt of the mandate I (in my capacity as the Chairman of the SLP) constituted the Legal team led by S. I. Ameh, SAN to commence the action.”

Other members of the four-member legal team are Messrs Elisha Kurah SAN, Mba Ekpezu Ukweni SAN and immediate past NBA-SLP Chairman, Oluseun Abimbola SAN.

Orbih told CITY LAWYER that “The Attorney-General of the Federation was on television to disclaim the controversial Rules of Professional Conduct.

“However, we are aware that the RPC has been gazetted under his name. We have therefore informed the Honourable Attorney-General that a viva voce disclaimer of the RPC will not suffice in the circumstances.

“The NBA Legal Committee has decided to engage the AGF and afford him an opportunity to issue a proper disclaimer through a written instrument published in the gazette. We expect this to be done by next week.

“If at the end of the day this is not done, we will have no option than to carry out the mandate of the NBA to litigate the matter. Let me assure that this will not take long any more, as we have been on this matter for almost two years.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

RPC: ‘WHY WE SUED MALAMI,’ BY ORBIH, NBA-SLP CHAIR

The Chairman of the Nigerian Bar Association (NBA) Section on Legal Practice (NBA-SLP), Chief Ferdinand Orbih (SAN) has said that the lawsuit filed against the Attorney-General of the Federation, Mr. Abubakar Malami SAN was a fallout of a directive by the association.

It is recalled that Orbih had in an exclusive interview last December told CITY LAWYER that NBA would sue Malami unless he formally reversed amendment of the RPC. The association has now made good its threat by filing a lawsuit at the Federal High Court challenging the amendment of the Rules.

Orbih told CITY LAWYER yesterday that “The suit is now firmly in court,” an indication that efforts towards amicable resolution of the debacle have hit a brick wall.

Giving further insight into the matter, Orbih said: “The Section on Legal Practice under my leadership was mandated by the National President of the NBA to drive the process. Upon receipt of the mandate I (in my capacity as the Chairman of the SLP) constituted the Legal team led by S. I. Ameh, SAN to commence the action.”

According to the fiery senior lawyer, other members of the legal team are Messrs Elisha Kurah, SAN, Oluwaseun Abimbola, SAN and M. E. Ukweni, SAN.

Orbih had in an earlier interview with CITY LAWYER said: “The Attorney-General of the Federation was on television to disclaim the controversial Rules of Professional Conduct.

“However, we are aware that the RPC has been gazetted under his name. We have therefore informed the Honourable Attorney-General that a viva voce disclaimer of the RPC will not suffice in the circumstances.

“The NBA Legal Committee has decided to engage the AGF and afford him an opportunity to issue a proper disclaimer through a written instrument published in the gazette. We expect this to be done by next week.

“If at the end of the day this is not done, we will have no option than to carry out the mandate of the NBA to litigate the matter. Let me assure that this will not take long any more, as we have been on this matter for almost two years.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

LAWYER SENDS SOS TO FEDERAL HIGH COURT

In this article by MR. IBRAHIM LAWAL, Head of Chamber, Olujinmi & Akeredolu of the Law Hub, Ibadan, he chronicles the challenges faced by lawyers due to the transfer of a Federal High Court jurist from Ibadan and urges the court to redress the issue

 

FEDERAL HIGH COURT IBADAN AND THE DIFFICULTY IN GETTING JUSTICE

The Federal High Court which started as a revenue court has assumed an important role in our judicial system by virtue of the exclusive jurisdiction donated to it in our Constitution. Only the Federal High Court can adjudicate on matters enumerated in Section 251 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, and by virtue of which Federal High Courts were created in each state of the Federation for easy access to justice.

However, in creating those Courts, certain states were recognized as hubs of commercial activities, which made the authority to create more than a court room in such States. For instance, Lagos State can boast of more than ten court rooms while Ibadan was allocated two which in itself is grossly inadequate!

The Federal High Court Ibadan over the years have been manned by two Judges until about a year now when Hon. Justice Malik was transferred to Abeokuta division of the court, the court is now being manned by only one Judge. The judge in actual fact is hardworking but the cases in his Lordship dockets are overwhelming.

All the cases assigned to Justice Malik court have suffered permanent adjournment with dire consequences on lawyers and litigants alike. What is more, the cases at the Federal High Court are business oriented cases which should not for any reason be delayed.

A colleague of mine is facing a serious crisis of confidence with his client simply because he could not secure an order because his application was assigned to the court without a judge! The matter has to do with transactional issue and because of that failure, the company’s account has been blocked! This is just one example of so many of our colleagues that have suffered because of the absence of a presiding Judge in the other Court.

Do we mention the criminal cases that have been pending and the Defendants languishing in detention because the court has not been sitting?

This state of affairs at the Federal High Court Ibadan is no longer bearable for us as lawyers and we beseech the Chief Judge of the Federal High Court, to as a matter of urgency make available a Judge for this Court.

We trust this appeal will be given the attention it deserves and hope that the new year will be better than the last.

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

FCTA APPOINTMENTS: LAWYER SUES BUHARI, CLAIMS BIAS

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

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

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

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

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

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

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

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

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

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘LAWYERS WILL GET ANTI-MONEY LAUNDERING RULES SOON,’ SAYS AKPATA

The Nigerian Bar Association (NBA) is set to roll out anti-money laundering guidelines for lawyers across the country. This was disclosed by NBA President, Mr. Olumide Akpata while receiving a delegation from the National Financial Intelligence Unit (NFIU) led by its Chief Executive Officer – Mr. Modibbo R. Tukkur.

In a statement by NBA Publicity Secretary, Dr. Rapulu Nduka, Akpata said the guidelines had become imperative to ensure that lawyers are not conduits for money laundering activities. According to the statement which was made available to CITY LAWYER, “The NBA President thereafter, pledged to set up an Anti-Money Laundering Committee that will come up with a robust Anti-Money Laundering Rules which will govern legal practitioners in their dealings with clients, both corporate and private.”

It is recalled that NBA has been in a face-off with the Economic and Financial Crimes Commission (EFCC) over implementation of Section 5 of the Money Laundering (Prohibition) Act 2011 which mandated lawyers to report certain financial transactions by their clients to the anti-graft body through the Special Control Unit against Money Laundering (SCUML). SCUML, the forerunner to NFIU, was originally under the supervision of the EFCC.

In an Originating Summons dated March 15, 2013 and taken out on behalf of the Registered Trustees of the NBA by Chief Wole Olanipekun (SAN), Mrs. Funke Adekoya (SAN), Messrs Babajide Ogundipe, Emeka Nwadioke and Davison Oturu, the NBA asked the court to declare that the provisions of section 5 of the Money Laundering (Prohibition) Act, insofar as they purport to apply to legal practitioners, were invalid, null and void.

Ruling on the matter, Justice Gabriel Kolawole of the Federal High Court, Abuja gave an order of perpetual injunction restraining the Federal Government, the Central Bank of Nigeria (CBN) and SCUML from enforcing the provisions of the Money Laundering (Prohibition) Act 2011 against legal practitioners. The judgement was CBN-VS-NBA_CA on appeal by a full panel of the Court of Appeal. CITY LAWYER gathered that a final appeal may be pending at the Supreme Court.

Below is the full text of the statement.

ANTI-CORRUPTION WAR: NATIONAL FINANCIAL INTELLIGENCE UNIT MEETS WITH NBA LEADERSHIP; SEEKS NBA’S COOPERATION IN COMBATING MONEY LAUNDERING AND OTHER CORRUPT PRACTICES.

Dear Colleagues,

The National Financial Intelligence Unit (“NFIU”) paid a courtesy call on the leadership of the Nigerian Bar Association (“NBA”) on the 17th day of February 2021.

During the course of the engagement, the NFIU team led by its Chief Executive Officer – Mr. Modibbo R. Tukkur, highlighted the critical role of the NBA and its members in fighting corruption, as the nature of their work places them in a privileged position of requesting disclosure of sources of funds, investigation of funds, checkmating money laundering and other corrupt practices.

The NFIU boss also reiterated that NBA’s role as a Self-Regulatory Organization, imposes a moral responsibility on the NBA and her members to ensure that there are ethical rules that modulate their relationship with clients and members of the society at large.

Against the above background, the NFIU team recommended to the Association as follows, that:

I. The NBA sets up a dedicated Self-Regulatory desk officer at the NBA Secretariat.

II. The NBA sets up an Anti-Money Laundering Committee to collaborate with the NFIU on its anti-corruption mandate.

III. The NBA trains legal practitioners on their roles in fighting money laundering and related corrupt practices.

IV. The NBA partners with NFIU at large.

In response, the NBA President pledged the commitment of the NBA to work with existing government agencies in ensuring that legal profession in Nigeria is practised in line with global best practice so that legal practitioners are not seen to be enablers, or facilitators of corrupt practices.

The NBA President, further assured the NFIU of the Association’s desire to collaborate with the Unit, in building the capacity of legal practitioners by educating them on anti-money laundering, investigation of sources of funds, disclosure of origin of illegal funds, etc, in a manner that does not compromise their professional obligations to their clients.

The NBA President thereafter, pledged to set up an Anti-Money Laundering Committee that will come up with a robust Anti-Money Laundering Rules which will govern legal practitioners in their dealings with clients, both corporate and private.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EFCC SET TO ARRAIGN TWO LAWYERS OVER USORO’S ELECTION

BY EMEKA NWADIOKE

  • CONFIRMS CITY LAWYER REPORT

Echoes of the election that brought outgoing Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN has reverberated as the Economic and Financial Crimes Commission (EFCC) may soon arraign suspects in the controversial election.

Filed as Suit no FHC/L/118c/2020, the EFCC is, according to GAVEL INTERNATIONAL accusing the duo of Sarah Omeigha Ajibola, and John Ozovehe Demide of allegedly rigging the August 2018 NBA Elections in favour of Usoro .

The charge confirms CITY LAWYER exclusive report that “The Economic and Financial Crimes Commission (EFCC) may have swooped on senior lawyer and Nigerian Bar Association (NBA) administrative lynchpin, Sarah Ajijola over an alleged cash payment received from one of the presidential candidates in the last elections.

“An impeccable source who is familiar with the EFCC investigations told CITY LAWYER that Ajijola, NBA’s Director of Membership & Bar Services, was pulled in by the anti-graft agency for questioning over a N25,000 inflow into her bank account in the run-up to the controversial 2018 NBA Elections.

“The EFCC is investigating the outcome of the elections following an alleged petition by Mr. Olumuyiwa Olowokure who was an agent to Chief Arthur Obi Okafor SAN, one of the presidential candidates in the elections. Olowokure is now deceased.”

According to latest report, the charge has been filed at the Federal High Court, though the arraignment has been stalled by the coronavirus pandemic crisis.

The charges were reportedly filed on May 5, 2020 and signed by EFCC prosecutors led by Mr Rotimi Oyedepo Iseoluwa and including Bilikisu Buhari Bala, Usman Umar Buhari, Mohammed Abbas Omeiza, Suleiman I. Suleiman, and Kufre Uduak on behalf of the Executive Chairman of EFCC.

Below are the charges:
COUNT-1

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of this Honourable Court conspired amongst yourselves to knowingly alter the email addresses and phone numbers of about 1004 (One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you think thereby committed an offence contrary to Section 27 (1)(b) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015 and punishable under Section 13 of the same Act.

COUNT-2

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of the Honourable Court aided the commission of an offence to wit: to knowingly alter the email addresses and phone numbers of about 1004(One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 National elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you thereby committed an offence contrary to Section 27 (1)(b)of the Cybercrime (Prohibition, Prevention etc) Act 2015 and punishable under Section 13 of the same Act

COUNT-3
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of this Honourable Court knowingly altered the email addresses and phone numbers of about 1004 (One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 National elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you thereby committed an offence contrary to and punishable under Section 13 of the Cybercrime (Prohibition, Prevention etc) Act,2015.

COUNT-4

That you, John Ozovehe Demide sometime on the 19th of August 2018, within the Jurisdiction of this Court fraudulently used the unique identification features such as Name and Supreme Court Enrolment Number SCN043280 of one Gabriel Abijo Oladipo to vote as the same Gabriel Abijo Oladipo through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22(2) of the Cybercrime (Prohibition, Prevention etc) Act, 2015 under the same section.

COUNT-5

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 19th of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN043280 of one Gabriel Abijo Oladipo to vote as the same Gabriel Abijo Oladipo through the Smile modem on IP address 169.159.65.190 to vote with the intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-6

That you, John Ozovehe Demide sometime on the 19th August 2018, within the Jurisdiction of this Honourable Court fraudulently impersonated one Gabriel Abijo Oladipo with Supreme Court Enrolment Number SCN043280 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with the intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc ) Act, 2015.

COUNT-7

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on 19th August 2018, within the Jurisdiction of this Honourable Court aided the commission of an offence to wit: fraudulently use the unique identification features such Name and Supreme Court Enrolment Number SCN088449 of one Uthman Adeleye Oluwaseun to vote as the same Uthman Adeleye Oluwaseun through the Smile Modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime (Prohibition, Prevention etc) Act,2015

COUNT-8
That you, John Ozovehe Demide sometime on 19th August 2018, within the Jurisdiction of this Honourable Court fraudulently impersonated one Uthman Adeleye Oluwaseun with Suu preme Court Enrolment Number SCN088449 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of yhe cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-9

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 19th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN015233 of one David Anakor through the Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-10
That you, John Ozovehe Demide sometime on the 19th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one David Anakor with Supreme Court Enrolment Number SCN015233 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22(3) of the Cybercrime (Prohibition, Prevention etc) Act,2015

COUNT-11
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN114439 of one Chiagoziem Bethel Aninilu to vote as the same Chiagoziem Bethel Aninilu through the Smile modem on IP address 197.210.216.226 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the cybercrime (Prohibition, Prevention etc) Act, 2015.

COUNT-12
That you, John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one Chiagoziem Bethel Aninilu with Supreme Court Enrolment Number SCN114439 by voting as such through your Smile modem on IP address 197.210.216.226 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of the cybercrime (Prohibition Prevention etc) Act, 2015.

COUNT-13
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN024643 of one Bankole Isaac Toyin to vote as the same Bankole Isaac Toyin through the Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the cybercrime (Prohibition, Prevention etc) Act,2015.

COUNT-14
That you, John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one Bankole Isaac Toyin to vote as the same Bankole Isaac Toyin with Supreme Court Enrolment Number SCN024643 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of the cybercrime (Prohibition, Prevention etc) Act, 2015.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

VIRTUAL COURTS: JUDGE, SANs KNOCK S/W ATTORNEYS-GENERAL OVER SUPREME COURT SUIT

Attorneys-General of Nigeria’s South West Zone came under searing attack today over plans by the State chief law officers to seek a constitutional interpretation of virtual court hearings.

CITY LAWYER had in an exclusive report noted that there was a move by the six South West attorneys-general to approach the Supreme Court for an interpretation of section 36(3) and (4) of the 1999 Constitution as it relates to virtual court hearings.

Ekiti State Attorney-General & Commissioner for Justice, Mr. Olawale Fapohunda had informed participants at a webinar last Wednesday that the Attorneys-General resolved during a maiden virtual conference to head to the Supreme Court to seek resolution of the controversial virtual hearing provision contained in the National Judicial Council (NJC) Guidelines and sundry Practice Directions issued by heads of courts.

But no sooner had the CITY LAWYER report hit the newsstands than some senior lawyers lampoon the move by the attorneys-general.

Firing the first salvo, foremost Economic and Financial Crimes Commission (EFCC) prosecutor, Mr. Rotimi Jacobs SAN wondered whether the suit would not be a mere academic exercise. He said: “Would the action not be academic?” Continuing, he asked: “Can the Supreme Court entertain academic question not based on any live issue?”

Aligning with Jacobs, Mr. Ayodeji Esan said: “My thoughts exactly. What disputes and between which parties would the court be called upon to adjudicate? Who are the defendants?”

While leading litigator, Mr. Adebayo Adenipekun SAN felt that the issue of parties may be resolved, he aligned with both jurists on the thorny issue of the dispute to be presented to the apex court for resolution. His words: “I have a feeling they will make the Attorney-General of the Federation the defendant. The question will still be ‘what is the dispute?’”

However, speaking at today’s webinar on “Engagement on the Federal High Court Practice Directions and the Protocols on Virtual Hearings 2020” organized by the Nigerian Bar Association (NBA), Lagos Branch, the Administrative Judge of the Federal High Court (Lagos Division), Justice Muhammad Liman was unsparing in thumping down the move by the attorneys-general.

Describing the move as “cavalier,” the leading jurist said: “I do not think the attorneys-general need to go the Supreme Court for any interpretation,” adding that aside from the fact that the NJC did not have the power to make rules for the courts, there was a need to distinguish between the Right to Fair Hearing and public access to court hearings.

Justice Liman stated that both concepts cannot be lumped together, adding that while public hearing “is the limited opportunity the Constitution affords everyone to court hearing,” the challenge thrown up by virtual hearing “is not a serious problem that cannot be ameliorated.”

Aligning himself with Justice Liman’s distinguishing of the two concepts, former Lagos State Attorney-General & Commissioner for Justice, Mr. Olasupo Shasore SAN said that “publicity is the soul of justice.” Citing several judicial authorities, Shasore said the intendment is “to remove the possibility of arbitrariness” and to ensure that the public “have an opportunity of judging the judges.”

Dwelling specifically on constitutional interpretation, the former Lagos State chief law officer cited NAFIU RABIU V STATE in reading the mind of the Supreme Court on constitutional interpretation. “It is an organic document and it does not provide for everything,” he said, adding however that there is a tendency for the courts to seek strict interpretation of the Constitution and statutes.

Other speakers at the NBA Lagos Branch webinar included Mr. Wale Akoni SAN, Mr. Babajide Ogundipe and Mr. Yemi Akangbe.

Speaking at an Attorneys-General Colloquium on “Remote hearing and e-filing in Nigeria: A broader perspective and practical, foolproof implementation,” Fapohunda had said that the Attorneys-General of Lagos, Ondo and Oyo States would on Thursday file a suit at the Supreme Court to test the constitutionality of remote hearings.

His words: “Since the National Judicial Council issued its Guidelines for court sittings in this COVID-19 period, we have had a national conversation particularly among justice sector stakeholders on the constitutionality or otherwise of remote court hearings.”

Continuing, the leading justice reform advocate said: “Let me however quickly use this opportunity to inform participants that following a resolution of the South West Attorneys-General, the Attorneys-General of Lagos, Ondo and Oyo States have decided to approach the Supreme Court to seek a constitutional interpretation of Section 36(3) & (4) of the 1999 Constitution, particularly as it relates to remote court hearings. We will be filing the necessary papers in the Supreme Court tomorrow.”

Fapohunda, who was the Host of the webinar organized by Ekiti State Ministry of Justice and LawPavilion, added that “We are convinced that a definite pronouncement by the Supreme Court is necessary in order to put the matter at rest once and for all.”

Since the issuance of the NJC Guidelines and several Practice Directions on virtual court hearings, some jurists have argued that virtual hearings violate Section 36(3) and (4) of the 1999 Constitution on the requirement that court hearings must be held in public.

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

SOWORE: ‘DO NOT INTIMIDATE JUDGES,’ UBANI WARNS DSS

The immediate past Nigerian Bar Association (NBA) 2nd Vice President, Mr. Monday Onyekachi Ubani has blasted the Department of State Security (DSS) for its refusal to release Mr. Omoyele Sowore, the Convener of #RevolutionNow.

He also lampooned the security agency for its alleged plan to drag Justice Taiwo Taiwo of the Federal High Court to the National Judicial Council over his decision to grant bail to Sowore. Justice Taiwo had refused to extend the 45 days detention order against the Sahara Reporters publisher and former students’ union leader.

Mr. Ubani said that he “is clearly at a loss as  how and when court’s decision has become a ground for petitioning NJC,” adding: “What is the allegation against Justice Taiwo Taiwo in the first place? Is it that he has no jurisdiction to release Mr. Sowore after the expiration of the detention order or that the court has lost all the powers under the law to make orders that do not favour DSS in Nigeria anymore? I cannot understand the meaning and substance of the alleged threat to petition him to NJC.”

Mr. Ubani warned that should DSS insist on the petition, “they must also not forget to report to NJC that it was the same Justice Taiwo Taiwo that granted them the detention of Mr. Sowore for 45 days in their detention centre. That information is very important to be disclosed to NJC.”

According to the human rights activist, “It is high time lawyers stood up against this calamitous destruction of the legal system by the security agencies in Nigeria. We lawyers cannot keep quiet anymore because they are trying to destroy the only area where we are operating, which is the court.

“Judiciary is the only place where we operate, so if they succeed in destroying it no one will have regard and respect for us and for the country. If lawyers allow the Judiciary to be emasculated by the executive we are finished, Nigeria is gone, the legal profession is finished.”

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.