MISCONDUCT

‘THE TASK BEFORE MAIKYAU,’ BY JIBRIN OKUTEPA

  • MAIKYAU REGIME MUST HIT THE GROUND RUNNING

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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INIBEHE: NBA-NEC ASKS AKPATA TO DRAG CHIEF JUDGE TO NJC

The last has not been heard about the controversial one-month imprisonment of fiery human rights lawyer, Mr. Inibehe Effiong by the Chief Judge of Akwa Ibom State, Justice Ekaette Obot, as the National Executive Council of the Nigerian Bar Association (NBA-NEC) has directed NBA President to drag the jurist to the National Judicial Council for possible sanctions.

CITY LAWYER recalls that the NBA leadership had waded in to secure the release of the human rights lawyer, even as it warned that it would resist attempts to intimidate and harass lawyers.

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

In a statement titled “RE: DETENTION OF MR. INIBEHE EFFIONG IN AKWA IBOM STATE,”Akpata said: “I have received with great concern the news of the detention of one of our members, Inibehe Effiong, at a correctional facility in Akwa Ibom State, on account of what transpired on Wednesday 27 July 2022 during proceedings in the court of the Chief Judge of Akwa Ibom State.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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  • EDITOR'S CHOICE
  • May 09, 2022
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  • Comments Off on KAYODE BELLO’S PETITION: ‘MY HANDS ARE CLEAN,’ SAYS MAIKYAU

KAYODE BELLO’S PETITION: ‘MY HANDS ARE CLEAN,’ SAYS MAIKYAU

One of the leading aspirants for the post of the Nigerian Bar Association (NBA) Presidency, Mr. Yakubu Chonoko Maikyau SAN has said that he is not guilty of any misconduct as alleged by embattled Bar aspirant, Mr. Kayode Bello.

Though Maikyau is yet to respond to the current petition by Bello urging the Electoral Committee of the NBA to bar him from participating in the poll for alleged disobedience of court order among others, an earlier response by Maikyau obtained by CITY LAWYER showed that the fiery litigator had denied any misconduct.

In a detailed response to two petitions by Bello dated 13th April, 2018 and 18th May, 2018 urging the Disciplinary Committee of the Legal Practitioners Privileges Committee (LPPC) to among others withdraw the rank of Senior Advocate of Nigeria from the prominent lawyer, Maikyau had urged “that the petition be dismissed as lacking merit and a mere calculated attempt to smear my reputation as a member of the Inner Bar.”

Addressed to the secretary of the Disciplinary Committee Patricia Orhomuru, Maikyau traced the genesis of his firm’s representation of the Council of Legal Education (CLE) to 2016. He said that it was not until 2017 that Bello’s file was handed to his firm following his filing of a lawsuit marked FHC/ABJ/CS/717/2017 against the Council of Legal Education and the Inspector General of Police. He wrote: “Thus, when the suit which gave rise to these petitions was filed by Kayode Bello, it was forwarded to us and we immediately took steps to put up representation on behalf of the CLE.”

He stated that the facts leading to the institution of the lawsuit by Bello took place on March 15, 2017 when the petitioner had an altercation with a female Nigerian Law School student over a preferred seat in the lecture hall, adding that “All entreaties by the Auditorium Marshall and Chairman of the Students’ Representative Council for the Petitioner to give up the seat for the initial occupant fell on deaf ears.”

Continuing, Maikyau stated that “Consequently, the CLE issued a query to the Petitioner dated 15th March, 2017. Rather than respond to the query, the Petitioner made allegations against the Staff and threatened in a letter dated 16th March, 2017, to petition the SDA to the CLE to the Public Complaints Commission.”

According to Maikyau, “The Petitioner also petitioned the Head, Control Room to the SDA to the CLE, which petition was widely circulated on the Nigerian Law School, Abuja campus by the Petitioner. The Petitioner thereafter, paraded himself on the campus with T-shirts bearing inciting inscriptions such as “Onadeko Must Go”. This resulted in other queries to the Petitioner.

He stated that while the Students’ Representative Council issued a disclaimer and dissociated itself from the conduct of the Petitioner, Bello was duly invited to defend himself before the Students’ Misconducts Committee. “Premised on the above queries and invitation, all of which the Petitioner refused to respond to, the CLE took a decision to evict the Petitioner from the Students’ hostel in order to avoid further breach of peace by him (the Petitioner),” wrote Maikyau. “The letter requesting the Petitioner to vacate the Hostel and attend lectures from outside the School dated 21st March, 2017 is attached as Annexure 12. Owing to the Petitioner’s unrepentant conduct, the CLE took the decision to expel the Petitioner from the Nigerian Law School by a letter dated 17th July, 2017.” He noted that the Petitioner commenced the lawsuit, apparently aggrieved by his expulsion from the school.

Tracing the history of the lawsuit and the aborted settlement between the parties in his response dated March 14, 2019, Maikyau concluded: “The foregoing are the facts and circumstances of our encounter thus far as an office with the Petitioner. I, as counsel and indeed the lawyers in my Firm in the execution of our instruction, deny conducting ourselves in any way or manner to frustrate the admonition by the Court to pursue an out of Court settlement. My colleagues and I have with all due respect, conducted ourselves with the highest level of professionalism and deference for the ethics of our noble profession. I have not in any way scuttled the reconciliation process in the above-named case and neither did I abuse the privilege conferred on me as a Senior Advocate of Nigeria. On the contrary, I have striven to uphold the dignity of the rank of Senior Advocate of Nigeria by insisting on due observance of our Rules of Professional Conduct which behoove Counsel to show respect while dealing with colleagues. We offered professional advice to the CLE and the decision not to settle this matter out of Court was entirely that of the CLE. As would be seen in the petitions and in the proceedings of Court (Annexure 32), I have had no personal interactions with the Petitioner in the course of this matter.”

Maikyau then urged the Disciplinary Committee to dismiss the petitions “as lacking in merit” and a plot to smear his reputation as a Senior Advocate of Nigeria.

It was unclear at press time whether Bello’s latest petition has been delivered to Maikyau for his response, even as the ECNBA has assured that the petition would be decided on its merit.

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  • EDITOR'S CHOICE
  • Apr 10, 2021
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  • Comments Off on CONSTRUCTION ARBITRATION: AWODEIN READS RIOT ACT TO LAWYERS

CONSTRUCTION ARBITRATION: AWODEIN READS RIOT ACT TO LAWYERS

The President and Chairman of Council of the Institute of Construction Industry Arbitrators (ICIArb), Mr. Kola Awodein SAN has warned lawyers against engaging in unethical conduct in the practice of arbitration.

Speaking at the investiture of Fellows and induction of new members of the Institute of Construction Industry Arbitrators held at Eko Hotel & Suites, Lagos, Awodein noted that there are “numerous reports of Arbitrators, especially legal practitioners, making a seeming mockery of the Arbitral process by demonstrating obvious bias and partisanship and blatantly refusing to do justice to the parties and in most cases, without appropriate sanctions being meted out to them.”

Warning that the Institute would no longer condone such malpractice, Awodein, who was represented by the Institute’s President-elect, Mr. Felix Okereke-Onyeri (FNIQS, FICIArb), said: “It is important to sound it loud and clear that this is a practice and conduct that we do not welcome or tolerate in our Institute especially now that there is increasing interest in joining the Institute.”

He urged the new fellows and members to “comply faithfully with the ethics of the Body as we are determined to enforce the ethics especially in the light of the damage that is being done to the practice of Arbitration by Arbitral panels.”

In his address, the Secretary General of the Institute, Bar. Emmanuel Dike (FICIArb) noted the confidence reposed in the body by the inductees “and trust that you will be ambassadors of the Institute as far as construction industry arbitration is concerned.”

Noting that construction involves immense multidisciplinary and inter-disciplinary activity “governed by layers of simultaneous contractual relationships,” the Secretary General stated that “An understanding of the technical principles for the purpose of dispute resolution provides an edge to the professional equipped with the relevant skillset. Admission to this prestigious body is therefore an opportunity to join the league of successful sought-after arbitrators.”

According to Dike, “Given the ongoing need for continuous professional development within the Institute, our members who belong to the primary institutions governing their professions, such as the Nigerian Institute of Architects, the Nigerian Bar Association, the Nigeria Society of Engineers, the Nigeria Institute of Quantity Surveyors – to mention but a few – are encouraged to attend courses by other certified professional bodies to enhance their skills and competence.”

Among those inducted as fellows are former Attorney-General & Minister of Justice, Mr. Bayo Ojo SAN; leading arbitrator, Mrs. Funke Adekoya SAN; Mr. Adeniyi Adegbonmire SAN; Mrs. Funke Agbor SAN; Mr. Godwin Omoaka SAN and Mrs. Obosa Akpata. Also honoured posthumously was Arc. Umaru Aliyu, the Institute’s past Vice President and former president of the Nigerian Institute of Architects (NIA). Others are Chief Eboh Andrew Otokhina, Mr. Adedapo Osariuyime Tunde-Olowu (SAN), Mr. Okey Akobundu and Mr. Emeka Onyeka.

The Institute of Construction Industry Arbitrators was inaugurated on the October 15, 1993 as a multi–disciplinary institution with members drawn from the professions related to the construction industry and has become the leading arbitral institution in the construction industry in Nigeria. As a specialized alternative dispute resolution (ADR) body, in the construction industry, the Institute provides a one-stop shop for the resolution of disputes arising from construction contracts in order to free the construction industry from protracted litigation and the uncertainties inherent in construction related disputes.

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