EDITORIAL: THE JURIST AS A PUGILIST: WHY DANLADI UMAR MUST GO

On March 29, 2021 the public was treated to a bizarre tragi-comedy through a viral video clip where a high-ranking jurist and Chairman of the influential Code of Conduct Tribunal (CCT), Mr. Danladi Yakubu Umar unleashed a slap on a hapless security guard at the popular Banex Plaza in Wuse, Abuja.

The victim, one Clement Sargwak, a 22-year-old employee of Jul Reliable Guards Services Limited posted as a security guard to the plaza, recounts the vicious and inglorious assault thus: “After I informed him (Mr. Umar) about his wrong parking, he came out and slapped me, when he slapped me the driver also came down and slapped me and they tore my uniform and they stepped over me severally.

“…. When the man arrived with the security men, the Oga (Mr. Umar) slapped me again in front of the police and ordered a police officer to also slap me, which he did and thereafter ordered me to kneel down and I obeyed. As I went on my knees, the Oga (Mr. Umar) also kicked me in my face and hit my mouth.” Mr. Sargwak has a clearly bruised lip to show for the physical assault on him by Mr. Umar.

Mr. Samuel Ihensekhien, a solicitor for BANEX Plaza, alleges that “It was brought to my attention that on March 29, Mr. Sargwak was assaulted and harmed and was on the verge of almost being killed by Mr. Danladi Umar. And he was subsequently taken to the Maitama Police Station….

”They (the police) were very surprised, and the DPO saw the footage and immediately ordered he (Sargwak) be released on bail forthwith. He was then handed to the Banex manager and from there he was taken for medication.”

The unprecedented spectacle has expectedly caught the attention of a global audience and especially the legal community.

In a feeble and ill-advised attempt to exonerate himself from the macabre incident, Mr. Umar states that he “was accosted by the Plaza guard in a very rude manner on arriving there (plaza),” adding that he “was drawn into an unnecessary altercation and subsequently assaulted, with this degenerating into an attack and injury by a mob that was chanting secessionist and sectional slogans.”

Instructively, the much lampooned press statement by CCT’s Head, Press & Public Relations, Mr. Ibraheem Al-Hassan, also made reference to the alleged “mob” which he described as “consisting of BIAFRAN boys.” Mr. Al-Hassan would later admit that it was Mr. Umar who directed him to weave the “BIAFRAN boys” spin into the macabre tale. What is more, the statement went ahead to conclude that sympathy in such circumstances usually goes to the “low personalities.” Yet in a fleeting sombre moment, the CCT admits that the incident “ought not to have happened.”

Mr. Umar claims he has reflected on the incident, adding that “the entire incident was avoidable” and that “I regret being drawn into responding to the situation.” However, perhaps torn between ego and genuine remorse, Mr. Umar curiously feels “upset” and even “highly disappointed” that his action has been “misconstrued” in the narrative trending on social media!

The “Code of Conduct for Judicial Officers 2016” as issued by the National Judicial Council (NJC) states in Rule 1 (1.1) that “Propriety and the appearance of propriety, both professional and personal, are essential elements of a Judge’s life,” noting that “members of the public expect a high standard of conduct from a Judge.” When in doubt, a judge should ask the question: “How might this look in the eyes of the public?” The National Judicial Council directs in Rule Four 4(ii)(b) directs that “bad behaviour, whether in or out of Court” is a necessary disqualifying factor.

Notwithstanding the controversies that have trailed the recent recruitment of Court of Appeal judges, it is safe to conclude that the NJC would not have recommended a street-brawling jurist-turned-pugilist for appointment as a judge of the all-important Code of Conduct Tribunal. Perhaps the ultimate irony is that Mr. Umar superintends an entity that stands as a sentinel for good conduct among public officers. And to think that Mr. Umar has been the Acting Chairman or Chairman of CCT for more than 14 years!

It was in this exalted role that he sat in judgement on former Chief Justice of Nigeria, Justice Walter Onnoghen. He was unsparing, at all times projecting himself as an epitome of good conduct and morality. Perhaps with hindsight, he was rather combative in dealing with the counsel that appeared before the tribunal.

What is more, in finding Justice Onnoghen guilty of non-declaration of assets, Mr. Umar based the tribunal’s judgement on the “admission by the defendant in his own handwriting ….,” adjudging same as “a partial confession.” He further held that “hard facts” had been adduced by the prosecution to establish its case. There is no gainsaying that aside from Mr. Umar’s admission of “being drawn into responding to the situation,” the “hard facts” in the public domain compel a guilty verdict against him.

It is recalled that Mr. Umar was on February 2, 2018 slammed with a two-count charge of corruption by the Economic and Financial Crimes Commission for alleged receipt of N10,000,000.00 (Ten Million Naira) bribe from one Rasheed Owolabi Taiwo, a former Deputy Comptroller General of the Nigeria Customs Service sometime in 2012 for a favour to be afterwards shown to him in relation to a pending Charge (No. CCT/ABJ/03/12) and contrary to Section 12(1)(a) & (b) of the Corrupt Practices and Other Related Offences Act, 2003. The charges were however dropped.

We strongly deprecate the ethnic slurs prevalent in the statement authorized by Mr. Umar which border on xenophobia, contrary to section 26 of the Cybercrimes Act 2015 and punishable with 5 years imprisonment and/or a minimum N10 million fine. Also, to classify some Nigerians as “low personalities” is just as appalling and unacceptable. It raises the poser whether these categories of persons can ever obtain justice in Mr. Umar’s court.

It is apparent that the only ‘offence’ committed by the security guard is that, in the words of Mr. Umar, “I was accosted by the Plaza guard in a very rude manner on arriving there.” For a jurist who was acclaimed in the CCT’s statement to have frequented the Plaza for about 18 years, he must be aware of the presence of police operatives on the premises. That he opted to literally take matters into his own hands instead of order the arrest of the security guard to answer to any misfeasance is highly inappropriate and condemnable. It does grave injustice to the NJC’s Code of Conduct which especially admonishes propriety in all circumstances. Clearly, Mr. Umar performs adjudicatory and quasi-judicial functions. It is therefore immaterial that Mr. Umar is answerable to Nigeria’s President, and may only be removed by him upon endorsement by the National Assembly.

Mr. Umar has brought palpable odium to his high office. We call on Mr. Umar to immediately resign from office. It is the only path of honour to redeem whatever is left of his honour. In the event that he fails or refuses to do so, President Muhammadu Buhari should promptly activate the process for his removal by transmitting a letter to that effect to the National Assembly.

We commend the Nigerian Bar Association (NBA) for its resolve to prosecute Mr. Umar at the Legal Practitioners Disciplinary Committee (LPDC) if a prima facie case is established against him, and urge the lawyers’ association not to relent in this regard.

Finally, we urge the Nigeria Police to thoroughly investigate the incident – including the xenophobic slurs – with a view to bring any culprit to justice and ensure closure especially for Citizen Sargwak.

 

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NBA MAY DRAG CCT CHAIR TO DISCIPLINARY C’TE OVER ALLEGED ASSAULT

  • VOWS TO INVESTIGATE THE MATTER

  • CCT CHAIR MAY BE DISBARRED

The Nigerian Bar Association (NBA) may drag the embattled Chairman of the Code of Conduct Tribunal (CCT), Mr. Umar Yakubu Danladi to the Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers for professional misconduct.

An indication to this is contained in a press statement by the NBA over the alleged assault by the CCT Chairman on a security guard which was caught on a video that has since gone viral.

Giving an indication that the lawyers’ body may have made up its mind on the controversy, the association said it “frowns at any display of naked power by a public officer especially one who, by virtue of his high office, is expected to exhibit a high standard of conduct,” adding that “The situation is all the more critical when it involves the head of an agency of government set up to ensure compliance, by public officers, with the code of conduct.”

Noting that Danladi “is expected, by the extant rules that regulate the conduct of legal practitioners in Nigeria, to maintain a high standard of professional conduct, and not to engage in any conduct which is unbecoming of a member of the legal profession,” NBA stated that “Prima facie evidence available at the moment raise questions regarding whether such standards have been met.”

Signed by the NBA Publicity Secretary, Dr. Rapulu Nduka, the statement concluded that “In view of the foregoing, the NBA shall through its relevant Committee, investigate the circumstances leading to the altercation, and depending on its findings, will ensure that appropriate action is taken to address this occurrence.”

The 15-member NBA Disciplinary Committee is chaired by Mr. Yunus Ustaz Usman SAN and co-chaired by Funke Aboyade, SAN.

It is recalled that the CCT Chairman was caught on video camera together with his security detail allegedly assaulting a 22-year-old employee of Jul Reliable Guards Services Limited posted as a security guard to the Banex Plaza in Wuse, Abuja. The victim has reportedly been hospitalized and was quoted by an online newspaper as expressing worry over his safety.

A press statement by CCT’s Head of Press and Public Relations, Ibraheem Al-Hassan admitted that there were exchanges between the CCT Chairman and the security guard, adding that “An incident like this when it happened (sic), sympathy usually goes to the low personalities. Though is (sic) unfortunate as I said, it ought not to have happened.”

Also speaking on the matter, longstanding LPDC Prosecutor, Mr. Jibrin Okutepa SAN said: “From the press statement of the CCT which cannot be issued without the approval of the chairman and which press statement has not been denied by CCT HQ, it is my respectful view that the Chairman’s conduct in the circumstances in engaging in public altercations with security man was undignified of the office of Chairman of CCT. That conduct ought not to be celebrated by any right-thinking members of the society.

“As lawyer and chairman of CCT no reasonable person should celebrate the conduct of the chairman as corroborated by the press statement. The government must not allow this matter to be swept under the carpets. It is not one of those issues that should be treated with levity.

“The HAGF and FGN must not condone this conduct. It must take action.The Chairman cannot be allowed to be sitting over conduct of other public officers when his conduct is in public court.”

If NBA files a petition at the LPDC and Danladi is found guilty, he may have his name struck off the roll of legal practitioners. It is recalled that the CCT Chairman headed the tribunal’s panel which gave an unprecedented order removing former Chief Justice of Nigeria, retired Justice Walter Nkanu Onnoghen from office.

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NBA, JUDICIARY WADE INTO ENUGU MAGISTRACY REMAND SAGA

The Nigerian Bar Association (NBA) and Enugu State Judiciary have waded into the controversy trailing the alleged remand order on an Enugu-based lawyer by His Worship, Ezeobi Ngozi Anidi (Mrs.), a Chief Magistrate sitting at an Agbogugu Magistrates Court in Enugu State.

The social media was agog at the weekend following reports that a lawyer, Mr. Fidelis Okeke was ordered to be remanded in police custody following the absence of his client in court in Charge No. CMC/12c/2017, Commissioner of Police vs John Chidozie Igwe. Speculations were rife that the trending ruling was fake, prompting a frenzied debate among lawyers and jurists.

CITY LAWYER can authoritatively report that both the Nigerian Bar Association (NBA) and Enugu State Judiciary have waded into the controversy with a view to unraveling the facts.

The first hint of NBA’s intervention was dropped by the National Welfare Secretary and Publicity Secretary Emeritus, Mr. Kunle Edun via an online post thus: “The NBA 1st Vice President is following up on the matter with the local branch. We are impatiently waiting for the report of the local branch intervention.”

When CITY LAWYER sought more clarification on the post, Edun, a human rights activist, said: “We want to get first-hand report from the branch first, which we are still awaiting.”

Confirming the interventions, Okeke told CITY LAWYER that both NBA Enugu Branch Chairman, Mr. Jude Ezegwui and the Chief Registrar of Enugu State Judiciary, Magistrate Kingsley Eze have got in touch with him.

While he had narrated his experience to the Chief Registrar, there are strong indications that the branch may have asked him to submit a written report on the debacle for onward transmission to the national body. “I plan to do so immediately I’m done with the two matters I have in court today,” he told CITY LAWYER.

Though Okeke claimed that the chief magistrate ordered his remand in police custody, some lawyers argued that the trending ruling was fake, as it was not signed by the magistrate. There were indications that the remand order was vacated by the court.

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BAR LEADER, DURU NAMED BADMINTON ASSOCIATION CHAIR BY SANWO-OLU

Lagos State Governor, Mr. Babajide Sanwo-Olu has named Bar Leader and former 1st Vice Chairman of the Nigerian Bar Association (NBA), Lagos Branch as the new Chairman of the board of Lagos State Badminton Association.

In a letter dated 8th March, 2021 and made available to CITY LAWYER, it was noted that Duru’s appointment was “as a result of your keen interest and contributions to sports development as well as selfless service to humanity and sterling achievements in your chosen field. We believe and expect these qualities will be fully brought to bear in your role as a Board Member.

The letter which was signed by the Executive Chairman of Lagos State Sports Commission, Sola Aiyepeku added that “By this appointment, members of the board are expected to work assiduously for the transformation of the Association in line with the Lagos State Sports Commission’s Vision of building ‘The foundation for a sustainable vibrant industry’ and Mission ‘To make Lagos the leading sports destination in Africa.’

Also appointed as board members are Mr. Abiodun Akinyemi (Vice Chairman), Mr. Lekan Abdul, Mr. Bayo Haastrup, Alhaja Rekia Zubair and Mrs. Bukky George. The board members were sworn in on Thursday, March 11, 2021 at the Teslim Balogun Stadium in Surulere, Lagos and have since assumed duties.

An avid badminton enthusiast and player, Duru was the Chairman of the Badminton Section of Ikoyi Club 1938.

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APPEAL COURT SCREENING: SCANDAL ROCKS NJC, AS AKPATA WRITES CJN

• PRESSURE MOUNTS ON NBA PRESIDENT TO RECANT

The last may not have been heard on the scandal rocking the screening of candidates for appointment to Nigeria’s Court of Appeal, as it has emerged that the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata wrote to the Chief Justice of Nigeria, Justice Tanko Muhammad on his reservations.

This is coming on the heels of a press statement by the under-fire National Judicial Council (NJC) recommending the appointment of 18 Justices of Court of Appeal and 8 heads of court following its 94th Meeting held on 17 to 18 March, 2021. The Council also constituted a committee to investigate a judge and issued warning letters to some judges.

A source who is familiar with the controversy told CITY LAWYER that Akpata had written to Justice Muhammad, who also doubles as the NJC Chairman, intimating him of his strong reservations on the screening process, adding that the NBA President was scandalized by the shoddy manner the screening was conducted.

In a searing and unprecedented indictment of the apex policy making body in the legal profession, Akpata had lampooned the screening of the jurists, reportedly saying: “What I saw and experienced at the NJC meeting on the appointment of judges to the Court of Appeal left me aghast. At a point, I, as a “Johnny Just Come’ (new attendee), had to ask, ‘Are these people really going to the Court of Appeal?’ Important legal issues that were occasionally put to the nominees could not be answered. The whole proceedings appeared more of an old school boys meeting. When I wondered at this, I heard things like, ‘They will learn on the job.’ We were to interview 20 nominees at a point but only 2 hours was allocated for this important exercise. That meant six minutes only for each nominee. What is this? Let me assure you that the NBA will never be a rubber stamp participant at such bodies. You can quote me.”

There are strong indications that Akpata’s comments may have drawn the ire of many jurists especially the conservative bloc in the legal profession. CITY LAWYER gathered from an impeccable source that pressures are being mounted on the NBA President to recant or engage in some damage control, given the backlash generated by the comments.

The NJC has not responded to the damning indictment at press time.

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.

 

 

 

REVALIDATION: NBA REJECTS MOVE, BLASTS CAC OVER POOR SERVICES

The Nigerian Bar Association (NBA) has carpeted the Corporate Affairs Commission (CAC) over moves to charge each lawyer N10,000 to enable them revalidate their status as CAC accredited agents.

In a statement made available to CITY LAWYER, the lawyers’ body described the revalidation exercise as “insensitive,” adding that it “smacks of utter bad faith on the part of the CAC to proceed with this policy without due consultation with the NBA whose members make up over 80% of the customer base of the CAC.” The NBA also lampooned the nation’s corporate registry over persistent poor services.

CITY LAWYER reliably gathered from a source at NBA HOUSE that the NBA President, Mr. Olumide Akpata had vigorously engaged the CAC leadership immediately news of the revalidation exercise was made public, leading to “slight relaxation” announced by the national registry.

Below is the full text of the NBA statement.

CAC DIRECTIVE ON RE-VALIDATION OF ACCREDITED AGENTS: THE POSITION OF THE NIGERIAN BAR ASSOCIATION

The attention of the Nigerian Bar Association (“NBA”) has been drawn to a directive credited to the
Registrar-General of the Corporate Affairs Commission (“CAC”) to the effect that accredited agents of
the CAC, including lawyers, are to revalidate their status as agents with the CAC and pay the sum of
Ten Thousand Naira (₦10,000), failing which the defaulting agents may be unable to access the CAC’s
Portal.

Since the news broke out, the NBA has been engaging with the CAC on this subject. The ostensible
reason given by the CAC for this directive is to checkmate the spate of proxy interactions with the
Portal and to weed out from the CAC’s Database, accredited agents who are either now deceased or
have emigrated out of the country and/or changed their location.

Whilst this objective may be well intended, the position of the NBA on the issue is as follows:
1. The NBA takes the view that it is both insensitive and smacks of utter bad faith on the part of the
CAC to proceed with this policy without due consultation with the NBA whose members make up
over 80% of the customer base of the CAC. This is in spite of the fact that the NBA-CAC Task Force
has been in constant touch with the CAC regarding improving efficiency and processes at the CAC.

2. While we appreciate that following engagements with the CAC, the Commission has extended the
deadline from 31st March 2021 to 10th June 2021 and has also clarified that the payment will be
one-off fee, the NBA remains of the view that it is possible to achieve a clean database of accredited
agents by requiring those who had been previously accredited by the CAC to simply update and
revalidate their records on the CAC portal (at no cost) or lose their accreditation by the new
deadline. The obligatory charge imposed by the CAC should not apply to existing users but only
to those customers who have never been accredited by the CAC and who now seek to be part of
the system.

3. The NBA is deeply concerned about the timing of this policy, which is coming at a time when many
lawyers have endured epileptic services from the CAC and have either lost the faith of their clients
or have been de-briefed by clients who believe that the lawyers treat their instructions with levity.
This state of affairs is what has led to the establishment of the NBA-CAC Taskforce to facilitate
regular interface with the CAC in resolving issues associated with the its services. Available
reports from the Taskforce indicate that in spite of its engagement with the CAC, the service levels
are still quite abysmal.

4. The NBA strongly urges the CAC to reconsider its position with respect to the payment of the
revalidation fee by existing users, and more importantly to continue to work assiduously towards
improving customer experience by resolving the several complaints by users of the system and
enhancing efficiency. Resolving these issues will not only be beneficial to the CAC and its
customers but will significantly advance the Federal Government’s Policy on Ease of Doing
Business in Nigeria.

Members of the NBA can be assured that we will continue to engage the CAC on these and other related
issues that affect their dealings with the Commission.

OLUMIDE AKPATA
NBA PRESIDENT
12th March, 2021

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LAWYERS WITHOUT BORDERS LAUNCH POLICE SITUATION ROOM

As part of its efforts in promoting the enjoyment of Human Rights in Nigeria, Avocats Sans Frontières France (ASF France or Lawyers Without Borders), in collaboration with its partners, the Carmelite Prisoners Interest Organisation (CAPIO) and the Nigerian Bar Association (NBA) has set up “The Police and Civil Society Organizations (CSOs) Situation Room” in the Federal Capital Territory, Abuja.

A statement made available to CITY LAWYER shows that the Situation Room was established under the “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria project” (SAFE) funded by the European Union and the Agence Française de Développement (AFD), and is targeted at addressing human rights violations such as torture, extra-judicial killings and arbitrary detention.

In attendance at the maiden convening of the situation room were representatives of ASF France, the Nigeria Police Force (NPF), National Human Rights Commission (NHRC), Legal Aid Council of Nigeria (LACON), Federal Ministry of Justice (FMOJ), CAPIO, NBA, and key CSOs working on justice sector reform in Nigeria such as Amnesty International, CLEEN Foundation, Access to Justice. Others were representatives of CSOs from Lagos, Enugu and Kaduna States.

In line with ASF France’s objectives for establishing the situation room, insightful contributions were made by members of the situation room as follows:

  • Create a pool of possible reforms that are consistent with international best practices in respect of Police accountability and human rights;
  • Create a platform for CSO monitoring and collaboration with the Police on its operations towards human rights enforcements;
  • Develop strategies aimed at improving the respect of human rights by officers and men of the Nigerian Police Force; and 
  • Boost the image of the Nigerian Police Force before the citizens.

The situation room also considered recommendations generated from State-level stakeholders roundtable meetings organised on the SAFE Project on Human Rights. The Head of Office of Avocats Sans Frontières France, Angela Uwandu, in her opening remarks said: “The work for the advancement of Human Rights in the country should be a collaborative effort between CSOs and the Government hence the dire need for the situation room”. She also called on CSOs to replicate this effort so as to sustain the gains of the engagement.

In his contribution, the representative of the Inspector General of Police, Mr. Mohammed Adamu, restated the commitment of the Police to the advancement of human rights and the strengthening of the rule of law in the country.

The O/C of the Police Complaints Response Unit (P-CRU), ACP Martins Ishaku Basiran, during his presentation on the Police Internal Mechanism for Accountability for Human Rights Violations by Police Officers said “a total of 2,156 complaints were reported during the 2019 period, 1,617 (75%) complaints were resolved, 108 (5%) complaints were found to be false and 431 (20%) complaints are still under investigation. There is an urgent need to establish P-CRU Desk offices across various States of the country to ensure that complaints are reduced to the barest minimum”.

ASF France aims to build on a successful maiden convening of the situation room to ensure sustainability of this initiative. The situation room would continue to expand and operate remotely as it gears up for its next convening.

ASF France’s SAFE project is co-funded by the European Union (EU) and the French Agency for Development (AFD) and is implemented in partnership with the Nigerian Bar Association and the Carmelite Prisoners’ Interest Organization (CAPIO).

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EXCLUSIVE: NBA TO SUE MALAMI OVER RPC

Barring any last-minute change of mind, the Nigerian Bar Association (NBA) will in an unprecedented move soon drag the Attorney-General & Minister of Justice, Mr. Abubakar Malami SAN to court over his alleged unilateral and illegal amendment of the Rules of Professional Conduct for Legal Practitioners (RPC). The Attorney-General is considered the Leader of the Bar.

A source who is familiar with the controversy told CITY LAWYER that the NBA President, Mr. Olumide Akpata has directed the Public Interest Litigation Committee led by Dr. Charles Mekwunye to draft the pleadings on the matter.

CITY LAWYER gathered that the NBA leadership may have been frustrated by the fact that efforts by the Bar association to amicably resolve the debacle have not yielded fruit. It is recalled that Akpata had visited Malami last September immediately rumours filtered into the public domain that “the Rules of Professional Conduct for Legal Practitioners, 2007 is amended by deleting the following rules, namely: 9(2), 10, 11, 12 and 13.” Rule 10 of the RPC deals with issuance of the NBA Stamp. The “Rules of Professional Conduct for Legal Practitioners (Amendment) Rules 2020” expunged the use of NBA stamp by lawyers and provisions requiring lawyers acting for government, ministries or corporations to pay annual bar practising fees.

According to Malami, the amendment was made in exercise of the powers conferred on him as Attorney-General of the Federation and Minister of Justice as well as President of General Council of the Bar by section 12 (4) of the Legal Practitioners Act.

Though the visit seemed to have doused the tension between the two camps, the debacle took a new twist when copies of the gazetted RPC hit the cyberspace recently. The gazette is listed as Government Notice No. 140 Vol. 107 of 7th September, 2020.

It is recalled that the NBA had in a statement promptly disowned the new Rules, saying that the Attorney-General lacked the power to unilaterally issue the Rules without calling a meeting of the Bar Council. It urged Malami to “rescind” the Rules, saying: “Pending such proposed holistic reforms to the RPC, I urge you to immediately rescind the Instrument in the interest of the rule of law, the unity of the Bar and the sanctity of the legal profession. The NBA has been subjected to needless controversy and ridicule on account of the Instrument, and this does not augur well for the sanctity of the profession, of which you are a key stakeholder.”

Said Akpata: “I have been duly informed, by NBA Representatives on the Bar Council and other members of the Bar Council who have reached out to me, that to the best of their knowledge, no meeting of the Bar Council was convened to discuss any amendment to the RPC or to approve the Instrument. It therefore appears that the Instrument was enacted without proper authority.”

Former NBA First Vice President, Mr. Monday Ubani had last October sued Malami over the controversial amendment. He later withdrew the suit apparently due to pressures from the NBA leadership, saying: “The leadership of the bar at the highest level have reached out to me to have the law suit withdrawn to avoid an ugly situation where the issue of the case in court will be used as an excuse to scuttle the much anticipated resolution of this unnecessary rumble within our revered body.”

RPC (Amended) 2020

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USORO, EX NBA PRESIDENT, LOSES MOTHER-IN-LAW

Former Nigerian Bar Association President, Mr. Paul Usoro SAN has lost his mother-in-law, Mrs. Grace Ekong. The deceased was aged 91 years. 

Mrs. Ekong reportedly died on Thursday, February 18, 2021 at Ibom Specialist Hospital, Uyo, Akwa Ibom State.

She is survived by the former pioneer Director General/Chief Executive Officer of the Nigerian Maritime Administration and Safety Agency (NIMASA) and Usoro’s wife, Mrs. Mfon Ekong Usoro among others.

Mrs. Usoro, a prominent Bar Leader, is the Managing Partner of Paul Usoro & Co. She has served on a number of presidential and ministerial committees and was chairperson of the ministerial sub-committee of the Maritime Organisation of West and Central Africa (MOWCA) regional Maritime development bank in 2009.

She is the recipient of several national and international honours and was conferred with the Officier de L’Ord de Mono, a national honour of the Republic of Togo in 2002.

She holds a BSc in Sociology from the University of Calabar, an LLB from the University of Buckingham, B.L from the Nigerian Law School and an LL.M from University College London.

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‘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.

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CROSS-RIVER CHIEF JUDGE: OF IMPUNITY, HEROES AND LESSONS

Fiery human rights lawyer, Ebun-Olu Adegboruwa, SAN x-rays the year-long debacle surrounding the appointment of a substantive Chief Judge for Cross River State. While lampooning the ‘executive lawlessness’ that birthed the crisis, he argues that the quagmire threw up a few heroes and lessons

On February 8, 2021, the Honourable Justice Akon Bassey Ikpeme, was sworn in as the substantive Chief Judge of Cross-River State, in a colourful ceremony that was attended and watched live by many. It has been a tortuous journey, for My Lord in particular. How did it happen? On March 3, 2020, Governor Ben Ayade shocked the nation and the judiciary in Nigeria when he proceeded to swear in Honourable Justice Maurice Eneji, as the Acting Chief Judge of Cross-River State, to take over from Honourable Justice Ikpeme, whose tenure expired in acting capacity on March 2, 2020. It was an executive act that blew dust on the face of the judiciary directly, ranking as it were, as the greatest act of impunity, so far displayed against the most sacred institution of governance, by the executive arm. At all relevant times, the Honourable Justice Ikpeme was the most senior judge in the Cross-River State judiciary, but then she is a lady and she is from Akwa Ibom State by birth, although married to a citizen of Cross-River State. Honourable Justice Eneji was at the time next to her in the rank of seniority and above all, a man.

Governor Ayade had forwarded the names of Honourable Justices Ikpeme and Eneji to the National Judicial Council, for recommendation for appointment as the substantive Chief Judge of the State, with Ikpeme as the preferred candidate and Eneji as the reserved candidate, ostensibly based on seniority. The NJC in December, 2019, interviewed both candidates, whereupon it found worthy and recommended Ikpeme as the substantive Chief Judge, being the most senior judicial officer and she had no negative report whatsoever. Then commenced the various schemes and spins, targeted mainly at denying Ikpeme J., the substantive position, purely on the grounds of gender and her state of origin. It was then suddenly realized that she is from Akwa Ibom State, thereby putting her loyalty to Cross-River State in doubt. But all that has ended now, partly due to the role played by the Nigerian Bar Association, led by its dynamic President, Mr. Olumide Akpata.

My Lord Honourable Justice Akon Ikpeme started her career in Calabar and later got married to a Cross-Riverian. At the creation of Akwa-Ibom State, members of staff of the judicial arm were given the option to move to the new (Akwa-Ibom) State or remain in the old (Cross-River) State. Ikpeme continued to discharge her duties as a judge in Cross-River State, handled several cases and delivered judgments thereon, without any dent on her judicial career, till she rose to become the most senior judge in the State. The former Chief Judge therefore had no difficulty in recommending her for appointment as the Chief Judge. Then the executive arm of government under Governor Ayade began to put obstacles in her way, first with the composition of the State Judicial Service Commission and thereafter the manipulation of the State House of Assembly. On March 2, 2020, the Cross-River State House of Assembly had a stormy and rowdy session, in debating the issue of approval of the substantive chief judge. Through voice vote, they claimed to have rejected Ikpeme’s candidature due mainly to ethnicity. It was the first time in the history of Cross-River State that the most senior judge would be denied appointment as the substantive Chief Judge.

Now, section 271 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that ‘the appointment of a person to the office of the Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State’. The simple interpretation of this section involves some processes, but surely the most fundamental of them all is that the appointment of the chief judge is the responsibility of the governor. That process is commenced by the State Judicial Service Commission, which will interview and recommend candidates to the governor for appointment and the governor will in turn send the name of his nominee to the National Judicial Council. If he sends two names to the NJC and both are recommended as suitable, as was done in this case, he has to take a decision first, before activating the process of confirmation by the State House of Assembly.

The case of Ikpeme J, has brought to light the inadequacies of the 1999 Constitution, which many are taking advantage of to perpetuate lawlessness and impunity. The legislative houses of the States are all under the control and manipulation of the governors, such that no meaningful debates or legislative activities go on in those hallowed chambers, except in a few States. By law, it was not yet time for Ikpeme J, to retire from the judicial service of Akwa Ibom State and by swearing in Eneji J, her junior, as the Acting Chief Judge at that it, it meant that Ikpeme J, would take directives from and be under the authority of Eneji J. Seniority is one of the most cherished traditions of the legal profession, both at the Bar and on the Bench. And this is why section 271 (4) of the Constitution was enacted to uphold this age-long tradition, by stating that ‘if the office of the Chief Judge of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office , then until a person has been appointed to and has assumed the functions of that office or until the person holding the office has resumed those functions, the Governor of the State shall appoint THE MOST SENIOR JUDGE of the High Court to perform those functions’ (emphasis supplied).

From the clear provisions of section 271(4), it cannot be in doubt that the intent of the drafters of the Constitution was to allow THE MOST SENIOR judge of the State to be the occupant of the office of the Chief Judge, once a vacancy occurs. Even in other establishments outside the judiciary, such as the military, whenever it is the desire to appoint a junior officer to the highest position, all his seniors and contemporaries have to be retired compulsorily, as it will be absurd to retain them in service and expect maximum loyalty. It was therefore a game of chess in Cross-River State, since neither Governor Ayade nor his cronies in the Cross-River State House of Assembly commenced any proceedings in compliance with section 292 (1) of the Constitution, to remove Ikpeme J, in any manner known to law, the consequence of which was that she would have to continue to function in office as the most senior judicial officer in Cross-River State until she retires, notwithstanding the painful experience of her unwarranted persecution.

When all entreaties on Governor Ayade to do the needful fell on deaf ears, some human rights activists, led by the ever-militant Welfare Secretary of the NBA, Comrade Kunle Edun, filed a suit before the Cross-River State High Court, for judicial interpretation and application of section 292 of the Constitution. The trial Court upheld the objection of the State challenging the locus standi of the plaintiffs in the suit and the appeal to the Court of Appeal was dismissed, whereupon a further appeal is now pending at the Supreme Court. Now, part of the lessons in this whole saga is for all citizens to be conscious to demand for their rights, anytime there is a breach or likelihood thereof. Even though the court case was dismissed, it is on record that Governor Ayade cannot claim that the issue was a walk over for him. Activists in Cross-River State, Comrade Agba Jalingo, human rights lawyers, Femi Falana, SAN, Monday Ubani, Inibehe Effiong and many others too numerous to mention, rallied support from across the nation, to resist the impunity of the executive governor, to trample upon the judiciary, with such flagrancy. But today, we are talking about heroes.

While his men were out there slugging it out with Governor Ayade, Mr. Olumide Akpata adopted the carrot and stick approach, by constructively engaging Governor Ayade, the NJC and all other stakeholders, for a common solution, which culminated into the swearing in ceremony of February 8 instant. The fundamental implication of this selfless effort is simply that a people united can never be defeated. Even if another judge had been sworn in as the Chief Judge of Cross-River State other than Ikpeme, J, it would still have been a struggle won, for the people of Cross-River State in particular and the Bar and Bench, in general. The other hero of this struggle is the rule of law, eloquently championed by the NJC, the human rights activists and the NBA. Given the physical location of the champions of this noble cause, traversing Warri, Lagos, Abuja and Calabar was certainly not a tea party, given the security situation in Nigeria, alone. Not to talk of the financial implications, in convening and attending several meetings, filing and prosecution of the court cases and the concomitant effect of all these on their private practice. This is why they deserve the applause of all men and women of good conscience, as the laudable example that they have set will remain an indelible reference point to guide us in similar cases in future, which honestly, no one prays for.

In it all, commendation also goes to Governor Ayade, for allowing wise counsel to prevail and for upholding the oath of office he took, to respect, observe, defend and enforce the Constitution, without ill will, fear or affection. That is the way it should be, as there is nothing personal in the appointment of the Chief Judge of a State, being a tenured office that is purely statutory in nature. Should His Excellency have persisted, in defiance of the Constitution, to retain his preferred candidate in office as Chief Judge, it would have been a dangerous precedent, which even the court, as the major casualty, was not readily available to upturn. It is an irony of sorts, that the institution being defended failed, at the appropriate time when given the opportunity, to rescue itself, clinging as it were, to the discarded theory of locus standi, which even courts in foreign jurisdictions, have jettisoned in favour of local fishermen against multinational oil companies. It is rather unfortunate.

The Cross-River State House of Assembly also acted in a matured fashion, in reversing itself concerning the swearing in of Ikpeme, J., ultimately. Members of the CRSHA have only all opted to defend the Constitution, to preserve our noble institutions and to allow the rule of law to prevail, over the rule of man. But all of these efforts would have gone unnoticed but for the media, which kept the matter in the public domain throughout. It is gratifying that the NBA President has also opened up discussions with Governor Ayade on the fate of Magistrates in Cross-River State, who have worked for about two years without payment of their salaries and allowances. That will be the icing on this beautiful struggle, when Governor Ayade would demonstrate uncommon statesmanship, by granting unconditional approval for the payment of all outstanding entitlements of all judicial officers, who have labored and toiled to sustain his administration.

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

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NBA-SPIDEL ANNUAL CONFAB HOLDS FEB. 17

The popular Annual Conference of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) will hold between February 17 and 20, 2021 in the ancient city of Ibadan, Oyo State. The theme of the conference is “The Role of Public Interest in Governance in Nigeria.”

According to a statement made available to CITY LAWYER by the Planning Committee headed by fiery human rights activist and former NBA Vice President, Mr. Monday Ubani, the conference will hold at the prestigious Jogor Centre, Off Liberty Road, Ibadan.

Below is the full text of the statement:

THE ANNUAL CONFERENCE OF SECTION OF PUBLIC INTEREST AND DEVELOPMENT LAW (SPIDEL) OF NBA 2021

The National Conference of Section on Public Interest and Development Law (SPIDEL) is billed to hold between the 17th and 20th of February, 2021 at Ibadan in Oyo State.

Recall that the last Conference of the Section took place in Aba, Abia State and was a tremendous success as everyone that participated attested to the richness of the Conference that was clinically executed by the Chairman of the Section, Mr Paul Ananaba SAN and the Conference Planning Committee headed by Mr Chibuike Nwokeukwu SAN. Next year’s conference with the central theme of “The Role of Public Interest in Governance in Nigeria” promises to be an earthquaking event that will attract the creme de la creme of the noble profession and the political class in Nigeria.

The three day event will be enriching with various sub topics like “Public interest and the respect of the rights of citizens to protest against certain policies of government, The legality of Commission of Inquiry of the State Government over Police Brutality, Enforcement of Judgement that has become burdensome in our jurisprudence and the matter of Locus Standi in the light of the recent Supreme Court case of Centre for Oil Pollution Watch Vs NNPC amongst other topics.

The event taking place in the ancient city of Ibadan in the South West promises to be an experience every lawyer whose interest is geared towards serving the cause of the masses will treasure for a long time. The various speakers that will be Resource Persons for the Conference will include the best array of experts on Public interest litigation, top political decision makers and the shakers and movers of the Nigerian Economy.

The Conference shall be declared open by the hardworking Governor of Oyo State, His Excellency Mr. Seyi Makinde who has in his cabinet two active members of the Bar that were recently elevated to the rank of Silk. We are talking about the Chairman of the Local Conference Planning Committee, Mr Abiola Olagunju who is heading the State Independent Electoral Commission and Professor Oyelowo Oyewo (SAN designate), the current Attorney General and Commissioner for Justice of the State. These two men will be pivotal for the successful hosting of the Conference next year in Oyo State.

The indomitable President of the Nigerian Bar Association Mr Olumide Akpata, the Head of the Secretariat Mrs Joyce Oduah, and the entire National Officers, including the National Executive Committee of the Bar have expressed their support to the forthcoming conference that promises not to be forgotten in a hurry for a long to come in the annals of NBA. The following are the Chairman, Secretary and Members of the Conference Planning Committee that was approved by the National Executive Committee in a meeting held sometime in 2020. They are:

1. Mr. M. O. Ubani – Chairman (08033019746)
2. Mr. Israel Usman – Alternate Chairman,
3. Mr. Wole Jimi-Bada – Secretary
4. Mr. Abdul Fagge – Member
5. Mr Abiola Olagunju (SAN Designate) Chairman LOC
6. Ms Ada Nwafor – Member
7. Mr Adamu Barde – Member
8. Mr Kunle Adegoke (SAN Designate) – Member
9. Ms Agi Anne – Member
10.Ms Aisha Mohammed
11.Mr Ayo Ademuliyi Member
12.Mr Edmund Biriomoni – Member
13.Mr. Emeka Nwadioke – Member
14.Mr Frank Agbaedo – Member
15.Mr. G. R. Ayuba – Member
16. Mr Ibrahim – Member
17.Mr Kola Omotinugbon – Member
18.Ms. Nkem Agboti – Member
19.Dr. Paul Ebiala – Member
20.Mr President Aigbokhan – Member
21.Ms Princess Chukwuani – Member
22. Ms Queendaline Ubani – Member
23.Mr Stainislaus Mbaezue – Member
24.Mr Sylvester Udemezue – Member
25. Mr Chukwuka Ikwuazom (SAN Designate) – Member
26. Mr. Kunle Edun – Member
27. Ms Otti Edah – Member
28.Mr Osita Okoro – Member
29. Mr. Paul Ananaba SAN, Chairman of SPIDEL – Member.
30.Mr Aliyu Binali – Member
31.Mr Abdullahi Karaye – Member
32.Mr Umar Isa Sulaiman – Member
33.Chimezie Iroka – Member
34. Sunday Abednego – Member
35.Jesse Nwaenyo.
36. Okechukwu Barrah
37. Daniel Asomeji

Of interest is the venue of the Conference which is at palatial Jogor Centre, Off Liberty Road, Ibadan with a capacity for 3000 (Three thousand) persons. It is a well air-conditioned environment with a vast parking space for guests. Every lawyer with flair for public interest litigation should endeavour to be at Ibadan next year. Ibadan is one of the ancient cities in Nigeria with so many monumental sites, scenes and tasty meals for those who love their stomach. Mark your diary now, 17th to 20th of February, 2021. Details of Registration shall soon be published from the National Secretariat in Abuja. Let us make this conference one to treasure for a long time to come.

M. O. Ubani,
Chairman, Conference Planning Committee.

Wole Jimi-Bada
Secretary, Conference Planning Committee.

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.

$1.9 BN NIGER RAIL PROJECT: EX NBA CHIEF TAKES AMAECHI TO TASK

The controversy trailing the $1.9 Billion Nigeria-Niger rail project may not go away soon as former Nigerian Bar Association (NBA) Second Vice President, Mr. Monday Ubani and Lagos lawyer, Mr. John Nwokwu have asked Transportation Minister, Mr. Rotimi Amaechi to provide them with details of the proposed project.

The request dated September 29, 2020 and addressed to Amaechi is coming under the provisions of the Freedom of Information Act (FOI). The two lawyers stated that their demand for details of the rail project was premised on the need for transparency and accountability.

Some of the information sought by the duo include actual cost of the project, contract papers and the firm handling it, economic benefit of the project and where it is provided for in the 2020 Appropriation Act, including the source of  funding for the project.

They also requested to know the details of the deliberation and approval of such fund by the National Assembly.

The FOI letter signed by Joseph Igwe Esq. reads:

“Kindly provide the information to the best of your knowledge in the interest of transparency and openness which you have been at the vanguard.

“In a public statement credited to you, you did disclose to the media the award of contract for the development of the proposed Kano to Maradi rail line in Niger Republic.

“Sir, you are hereby specifically requested to make available to our clients or grant them access to: The actual contract cost of the rail line cutting across Kano state in Nigeria through Maradi in Niger Republic and the termination of the track length.

“The awarded contract document(s), name of the firm and procedure of
the award of the contract to the preferred firm.

“The detailed information on where it is provided for in the 2020
Appropriation Act and the source of the generation of the fund for the
contract.

“The details of the deliberation and approval of such fund and rail project
by the National Assembly.

“The detailed economic benefit of the rail line project from Nigeria
through Niger Republic to the generality of the Nigerian populace.

“However, if you think that another agency of the Government has
greater interest in the information requested for, you are obliged under
Section 5 of the Freedom of Information Act 2011 to transfer this request
to the other agency within 3 days, howbeit not later than 7 days of
receiving this request.

“Our clients shall pay the necessary fees for the information. Be notified
that if you fail to provide the above information within the period
stipulated by law we shall proceed against you in accordance with the
provisions of the law.

“We have no doubt that you will accede to this request in the interest of the Nation you are serving meritoriously,” the letter concluded.

Ubani told a newspaper (not CITY LAWYER) that he would “feel personally sad if Amaechi fails, refuses or neglects to respond to the request.” He stated that he may head to court to compel Amaechi to provide the information if he fails to do so voluntarily.

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.

CONTROVERSY, AS JUDICIAL BODY SHUNS NBA, APPOINTS SCRIBE

Barring any last-minute hitches, the Secretary of Nigeria’s Body of Benchers, Hajia Sadiya Turaki will tomorrow assume duties as the new scribe of the influential Federal Judicial Service Commission (FJSC).

Multiple and unimpeachable sources told CITY LAWYER that Turaki has been appointed by the commission chaired by the Chief Justice of Nigeria, Justice Tanko Muhammad as the new Secretary to replace Mr. Bassey E. Bassey who retired on September 23, 2020.

Turaki’s appointment is coming on the heels of allegations that the Nigerian Bar Association (NBA) may have been shut out of the appointment process, contrary to the provisions of Section 153(2) and 154(1) of the 1999 Constitution as well as Paragraph 12 Part 1 of the Third Schedule to 1999 Constitution. 

While Paragraph 12 (6) Part 1 of the Third Schedule to the 1999 Constitution stipulates that the membership composition of the FJSC shall include “Two persons, each of whom has been qualified to practice as a Legal Practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified and recommended by the Nigerian Bar Association,” CITY LAWYER gathered from impeccable sources that NBA has not participated in the decision-making process of the commission for over two years since the tenure of its former representatives ended.

Paragraph 13(c), Part 1 of the Third Schedule to the 1999 Constitution empowers the commission to “Appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court and all other members of the staff of the Judicial Service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission.”

CITY LAWYER investigation shows that the last set of NBA representatives at the commission were Mr. Olumuyiwa Akinboro SAN and Hajia Fatima Kwaku (MFR) whose names were forwarded by then Chief Justice of Nigeria, Justice Aloma Mariam Mukhtar to former President Goodluck Jonathan for transmission to the Senate for confirmation. Their five-year tenure ended on 3rd July, 2018.

A source who is familiar with the matter told CITY LAWYER that though the immediate past NBA President, Mr. Paul Usoro SAN made spirited efforts to ensure NBA’s representation at the commission, such efforts did not yield fruits. The source stated that though Usoro had on at least three occasions submitted the list of NBA nominees to the Chief Justice of Nigeria, there are strong indications that the list was not transmitted to the Senate through the President for approval. CITY LAWYER also gathered from unimpeachable sources that the names of two NBA nominees are still currently pending at the all-important commission.

Though CITY LAWYER sought the views of NBA President, Mr. Olumide Akpata on the development through a short messaging service and WhatsApp message to his verified telephone number, he promised that “I will call you back shortly” but was yet to do so at press time. 

Aside from NBA representatives, the commission’s membership comprises of the Chief Justice of Nigeria, who shall be the Chairman; President of the Court of Appeal; Attorney-General of the Federation; Chief Judge of the Federal High Court; President of the National Industrial Court, and “Two other persons, not being Legal Practitioners, who in the opinion of the President are of unquestionable integrity.” The non-lawyers are Senator Abba Ali and Malam Mohammed Sagir. However, only NBA is currently unrepresented in the 9-member commission.

The commission’s Secretary doubles as its Chief Executive and Accounting Officer.

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.

‘WE MUST PROTECT, PROJECT RULE OF LAW,’ – ALEX MUOKA

The Rule of Law is sacrosanct in any democratic Society. Consequently, it must be protected and projected at all times. The entrenchment of the Rule of Law in Nigeria is in our interest because the Law and legal practitioners can only thrive where the Rule of Law thrives.

It is instructive that the motto of the Nigerian Bar Association is “Promoting the Rule of Law”. In line with this, the very first aim and objective of our great Association is the “Maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria”, and many of the other objects speak to the role of the Association in promoting the efficient administration of justice, law reform, legal aid and access to courts, and respect for fundamental rights.

The NBA is widely regarded as the premier non-state actor in the constant battle for the promotion of the rule of law, and it is important in 2020 to put forward a bar leadership that will help to restore our pride of place as ‘the bastion of hope for the common man’. I propose to ensure this by working with the NBA President, national officers and other stakeholders to:

a) Ensure that the Rule of Law is upheld by State actors;

b) Champion public interest litigation to protect the rights of citizens and members from abuse;

c) Support the advocacy for implementation of fiscal independence for the Nigeria judiciary;

d) Liaise with the judiciary and offer support to facilitate the efficient administration of justice in Nigeria;

e) Sensitize lawyers and the general public by organizing workshops, conferences and summits on human rights and the rule of law;

f) Offer leadership and a focal rallying point to all Nigerians and relevant institutions in defending and expanding the frontiers of the Rule of Law;

g) Strengthen the Pro Bono and legal aid programmes of the NBA to make their impact felt (especially) by indigent members of the society; and

h) Propose a “legislative desk” for the NBA at the National Assembly which shall be saddled with the task of legislative advocacy, monitoring and liaising with the law makers in the task of enacting laws.

The NBA must live up to its name and reputation, and I will like to play my part. If you elect me as General Secretary of the NBA, I Pledge to serve with the passion, integrity and efficiency for which I am well known, and to pursue this and five (5) other Core Pursuits which I have elaborated on in MY MANIFESTO to deliver a ‘Fit For Purpose’ Bar Secretariat. My Profile and Manifesto have been uploaded by the ECNBA and can be viewed at (or downloaded from) https://nigerianbar.org.ng/node/257.

I will place my time, energy, talents, experience and resources at the disposal of the Bar for the next two years, and offer the kind of premium stewardship which the Bar definitely needs at this time. The Bar needs a great scribe. I have been tried, tested and adjudged to be one.

I seek your mandate. Let’s do this together.

Alexander Nduka MUOKA
Candidate for General Secretary of the NBA

ELECTORAL C’TE SETTLES FOR NBA WEBSITE AS VOTING PORTAL

BY EMEKA NWADIOKE

The Electoral Committee of the Nigerian Bar Association (ECNBA) may have resolved to deploy the NBA website as the voting portal for the forthcoming National Officers Elections.

An indication to this effect was given today by the NBA Assistant Publicity Secretary, Mr. Akorede Habeeb Lawal while responding to concerns raised by lawyers on a CITY LAWYER whatsapp platform.

This may have laid to rest speculations on whether the newly built NBA Election Portal will be deployed by the Electoral Committee for the elections.

While one Osa Akpata had expressed worry over the challenges being encountered by lawyers in the verification exercise, Lawal said that the verification process was not commenced with the elections in mind. His words: “Although the ECNBA has chosen to conduct the election on the NBA membership portal, the verification exercise was not commenced primarily because of election. And we will not compromise its essence on the altar of politics. Verification takes some time and that time is used to ensure from the backend that the applicant for verification is indeed the owner of the bar certificate he/she uploads. It is far beyond the election – greater than politics.”

Debunking the charge that the verification process is “flawed,” the NBA publicist said: “No one who had been verified would state that the process was flawed. A lot of members got verified and paid their BPF during the lockdown in March. And there was no complaint about the process.

“We also have to acknowledge that not all of us are versatile with the use of technology and as such, while others have a seamless verification exercise, some have troubles with it. It is for this reason that we’ve set up a help desk in this respect. Members with issues may and indeed have been reaching out to me and other national officers. I can be reached through this WhatsApp line.

“While not holding the brief of the ECNBA, the Chairman of the Committee has stated number without times that no eligible voter will be disenfranchised. If you cannot trust them, then, at least you give them the benefit of doubt.”
On the controversy surrounding some strange names found on the final voters register, Lawal said: “We have no non-living things/duplicated names on the verified list. With respect, you are confusing the voters list with a verified list. In fact, there is no such thing as a verified list.”

Akpata had raised concerns on duplicated names on the voters’ register, adding that this may adversely impact the outcome of the election. She said: “The process is fraught with flaws; we have non-living objects on the verified list, we have names duplicated, we are days to the election and we have tons of lawyers who have not been verified due to the onerous and flawed online process.

“I’ve been trying to assist a colleague to verify for over a week with no success, how you can disenfranchise Lawyers who have paid their Practising fees and Branch Dues as required by the NBA out of no failure on their part simply because of the very flawed process. If we do not trust the process, how do we trust the outcome?”

Another lawyer, Favour Hart however agreed with Lawal, saying: “May I humbly align myself with your position. The process for verification on the NBA Portal might take a while but it doesn’t mean you’d not get any response from them. All those I’ve helped with verification have been successful! Agreed, the back and forth might be frustrating but that doesn’t meant (sic) it’s fraught with flaws. We need to leave politics aside when making some comments.”

CITY LAWYER recalls that ECNBA Chairman, Mr. Tawo Tawo SAN had in a statement noted that the NBA had developed an Election Portal, adding however that its deployment would depend on the advice of an information technology expert. His words: “There is no gainsaying that the success of the elections would depend to a large extent on the electronic or IT platform that would be deployed for the election. The need to procure such a platform has been a priority. The Committee was briefed that the NBA has its own e-voting platform/portal for elections developed by TAVIA, an IT firm. TAVIA was invited to brief the Committee in conjunction with the NBA IT Officer Umar Gezawa, on the said NBA election platform/portal.

“Further to the said briefing, the ECNBA decided that in spite of the advantages of such a portal, exploring the use of other viable e-voting platforms if necessary is not foreclosed. As such there was the need to engage an independent IT Consultant that would examine the NBA portal and critique same, its integrity, functionality and suitability or otherwise for the purpose of the elections as well as advise on other options. The Consultant would also be required to identify avenues for possible threats, and advise on how to contain same. Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant. They would be expected to verify electronically, the votes cast at the end of the exercise. Notwithstanding the above, the platform or portal to deploy for the election by the ECNBA would largely be dependent on the advice and report of the IT Consultant.”

Clarifying some controversy surrounding the NBA Election Portal, Tawo told a national newspaper that the portal was not designed to rig the forthcoming election. His said: “I did not say the e-voting platform/portal was developed specifically for the 2020 elections, and neither did I say anything that should warrant an inference that the NBA developed platform was created for the purpose of rigging the elections, far from it. It may be of interest to point out that, the IT firm, TAVIA, that developed the NBA election portal/platform, is not conducting the e-voting election for the NBA; rather another IT consultant will do that. I went further in that statement to state that, in spite of the obvious advantages of the NBA portal, namely reduction in cost and security of members data vis- a-vis deployment of another election platform or portal, there was the need to engage an independent IT Consultant to analyse, assess and critique the portal as to its integrity, functionality and suitability for the elections, or otherwise advice on other options.”

Arguing that there is wisdom in having a permanent NBA Election Portal, the Electoral Committee chairman said: “Having said that, what is wrong for an organisation that conducts a crucial election biannually to develop an election portal for use for its elections, rather than every two years an IT firm is commissioned or contracted to develop an election portal for the election, and discard same afterwards?”

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.

FIDA LAGOS LAUNCHES PDSS PROJECT

The International Federation of Women Lawyers (FIDA) Nigeria, Lagos State Branch has launched its Police Duty Solicitors Scheme (PDSS). The event took place during the weekend at the FIDA Lagos headquarters at Makoko, Lagos.

Speaking on the rationale for the scheme, the Chairperson of FIDA Lagos Branch, Mrs. Philomena Nneji said it was aimed to assist indigent persons who come in contact with the law, adding that special focus will be placed on protection of women and girls against rape and sexual assault.

Tracing the history of PDSS in Nigeria, the Lagos State Coordinator of Legal Aid Council of Nigeria (LACoN), Mrs. Iyabo Akingbade stated that approximately 70 per cent of total prisoners are awaiting trial detainees. She identified multiple adjournments as a major handicap in pre-trial detention, adding that State prosecutors charged with ensuring due process in criminal arraignments lack mechanisms to monitor or control the police.

“There are instances where detainees are held longer in pre-trial detention than would have been the case if they had been convicted for the offence charged,” Akingbade said, adding that duty solicitors are meant to “stand in the gap” and resolve many of the cases to reduce judges’ dockets.

On his part, Chairman of the Nigerian Bar Association (NBA), Lagos Branch PDSS programme, Mr. Emeka Nwadioke commended FIDA Lagos for the initiative, noting that there is a need to boost the provision of legal assistance to indigent persons. He however canvassed the need for an “urgent review of the PDSS framework in view of the fact persisting overhang in pre-trial detention.”

Former Chairman of NBA Ikorodu Branch, Mr. Adebayo Akinlade traced the implementation of the PDSS programme in the Ikorodu area, adding that the scheme posted several successes under his leadership. He urged the chapter to ensure that the scheme is sustained in order to foster access to justice for more citizens.

A senior officer with the Legal Department of the Nigerian Police Force, State Criminal Investigation Department, Panti, Lagos, Ibijoke Akinpelu spoke on the modalities put in place by the force to tackle rape and sexual offences among other crimes. She pledged the cooperation of the force with FIDA Lagos in carrying out its PDSS project. She also took questions from Makoko residents and duty solicitors during the interactive session.

Following the formal unveiling of the scheme, the chapter bestowed an award on Akinlade for his contributions to the growth of the duty solicitors’ scheme.

Other stakeholders who attended the launch are Mrs. Felicitas Aigbogun-Brai, Executive Director of REPLACE as well as a representative of the Chairman of Yaba Local Council Development Authority (LCDA), Kayode Omiyale. Members of the chapter held a legal clinic on the sidelines of the launch to offer legal counseling to some Makoko residents who attended the launch under the programme.

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.

‘WE’VE NOT SET VOTER VERIFICATION DEADLINE,’ SAYS TAWO TAWO

• …. MIXED REACTIONS GREET EXERCISE
• “MY EXPERIENCE HAS BEEN TERRIBLE,” SAYS FUNKE ADEKOYA
• … WARNS THAT MANY ELIGIBLE VOTERS WILL BE DISENFRANCHISED

The Electoral Committee of the Nigerian Bar Association (ECNBA) has declared that it has not set any deadline for the ongoing verification exercise, contrary to speculations that verification was billed to end yesterday.

ECNBA Chairman, Mr. Tawo Eja Tawo SAN told CITY LAWYER that the committee has not decided on when to draw the curtains on the exercise.

Speaking on whether a deadline has been set to conclude the verification process, he said pointedly: “There is none yet.” The electoral umpire was also at a loss as to the source of the speculation, saying: “I wonder the origin of the confusion.”

The frenzy may not be unconnected with certain posts on social media platforms suggesting that yesterday was the deadline for the verification exercise.

A post trended on several social media platforms yesterday urging lawyers to make haste to verify their personal details on the NBA website. It stated that only 48 hours was allowed for the exercise, adding that it would end by 6 pm. The post read: “Today is the deadline for all eligible lawyers to verify their details on the NBA Website. Visit https://nigerianbar.org.ng/membership-portal. #Securethefuture.”

Another version of the post which was sent to lawyers via short messaging service (SMS) read: “Dear (name of receiver), The ECNBA has released the 2nd List of Voters. Kindly verify that your details are correct. If they are not, send the correct details with proof of payment to ecnba2020@nigerianbar.ng not later than 6pm on 23/06/20. You can verify via https://nigerianbar.org.ng/membership-portal.” The message came under the “BULK SMS” banner.

The information caused anxiety among lawyers, leading to many making frantic efforts to verify their details.

CITY LAWYER investigations show that the speculation may also not be unconnected with the ECNBA press statement unveiling its second provisional voters list where it stated that “Those whose names are omitted are expected to send their details with proof of payment of Branch Dues within 48 hours of this publication to the account ecnba2020@nigerianbar.ng. Please note that any mails or messages sent after 6PM on Tuesday 23rd June 2020 will not be attended to.”

Given that the verification process was heralded by the press statement, many stakeholders may have assumed that the deadline was for both the compilation and verification exercises.

Meanwhile, there has been mixed reactions regarding the verification exercise. While some lawyers said that the process was stress-free, others seem to have had a herculean task navigating the verification process on the NBA website.

One of those who had a tough time engaging the process is former NBA presidential candidate, Mrs. Funke Adekoya SAN. She told CITY LAWYER that her experience was “terrible.” Her words: “My experience has been terrible. I was verified before but forgot password; so I sent ‘forgot password’ message. I have been waiting for password reset email since yesterday (Monday). I received email this (Tuesday) morning and accessed link – it says password cannot be reset. I sent email to NBA Secretariat 4 hours ago – still no response!”

In an early morning SOS to CITY LAWYER, Mr. Augustine Ogbodo said: “I don’t know if you have any clue on verification of membership on the NBA portal. I have been trying to log in to the portal to verify my membership but have not been successful. I tried reaching NBA via telephone but wasn’t successful.”

Immediately CITY LAWYER escalated the SOS on some social media platforms, there was a flurry of responses both from the ECNBA and the NBA leadership. While the NBA publicity team uploaded several versions of the verification process on sundry social media platforms, the ECNBA Secretary, Mrs. Cordelia Eke advised eligible voters who have challenges with the verification process to “contact the NBA IT staff in charge.”

She added: “A lot of phone calls (are) coming (in). They may not be able to take all. We advise people to send emails. It’s easier to track and treat complaints that way.” She assured that she “will ask the IT staff to look into this (complaint).” She later stated that “Members’ complaints about the website have been forwarded to NBA IT to handle.”

When CITY LAWYER asked Ogbodo to provide more details on his challenges with the verification process, he said: “I was prompted to supply new password and to confirm same. I did so but was again prompted to insert the correct format.” He then requested the “contact or email of the IT staff?” adding: “Thanks so much for your efforts. I have sent them an email. Waiting for their response. I sent the email to support@nigerianbar.org.ng as indicated.”

Unlike NBA Lagos Branch Welfare Secretary, Anthonia Eke who stated that “I had a seamless process updating my data on the verification portal of the NBA,” both Adekoya and Ogbodo eventually surmounted the verification hurdles.

Said Adekoya: “(I) Have finally been verified! A 24 hour process. With WFH (working from home), even if you have been verified (as I have) if you do not have an ‘active’ profile on the NBA website, you are unlikely to be able to vote. An ‘active’ profile means you interact with the NBA through your portal on the NBA website. (It is) Not the same as being verified.”

On his part, Ogbodo told CITY LAWYER that “This is what I have been missing. I have been trying to put the password without inserting figures and special number. (I) Have just done the needful and Password successfully reset. Thanks for your assistance.”

Worried that many lawyers may be disenfranchised by the verification model adopted by the ECNBA, Adekoya predicted a very low voter turnout in the 2020 NBA Elections. her words: “(I) Will be surprised if up to 3000 voters receive voting link from NBA website.”

CITY LAWYER also observed that the ECNBA press statement was silent on the details of any Help Desk or help lines for eligible voters who may have challenges with the verification process.

It is recalled that while 32, 228 eligible voters were on the provisional voters register for the 2018 NBA Elections, only 16,825 or 52.21 per cent of the eligible voters were able to scale the verification hurdle. Analysts have observed that the 2018 verification process is more straightforward than the current exercise, leading to fears that even fewer eligible voters may get their names on the final voters register.

Please send emails to citylawyermag@gmail.com. Copyright 2020 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.

THE USORO LEGACY: NBA NEC MEETINGS

BY AKOREDE HABEEB LAWAL

Nigerian Bar Association (NBA) Assistant Publicity Secretary, MR. AKOREDE HABEEB LAWAL in this article made available to CITY LAWYER tracks the gains of the Paul Usoro SAN-led Administration in organizing National Executive Committee (NBA-NEC) meetings.

Meetings of the Nigerian Bar Association are above the simplistic coming together of two or more persons to discuss issues of mutual interest. The meetings of members of the NBA are to varying degrees the major decision making organs of the Bar. The essence, in my view, is democratic. And unsurprisingly, by virtue of Article 5 of the NBA Constitution, 2015 (as amended) the supreme authority of the Bar rests in the General Meeting.

At the national end, the NBA is mandated to hold three statutory meetings – National Officers meeting, National Executive Committee meeting and the General Meeting. The monthly National Officers meetings have an expected attendance of the 14 elected officers. The quarterly National Executive Committee (NEC) meetings are attended by almost 500 statutory and co-opted NEC members. The Annual General meeting is open to all members and participants in recent years had hardly been lesser than 1000 in number.

The logistics of holding these statutory meetings are quite heavy on the purse of the association, but we cannot run the extreme by limiting the meetings – both in essence and numbers – as the meetings serve as necessary and statutory checks on the Bar leadership. Thus, while we cannot cut down on the meetings, we can and we have been cutting down on the costs of the meetings since September 2018, when the Paul Usoro, SAN leadership came on board.

It was at the first NEC meeting hosted by the Paul Usoro, SAN administration in December 2018 at the NBA House in Abuja that the tone of changing the status quo was set.

NEC members came expecting their usual hurriedly printed NEC entrance tags, but they were met with bespoke neck tags bearing their names and the duration of their term (2018 to 2020). At the end of the meeting, the Secretariat staff recalled the tags from the participants and kept them. Upon return for the next NEC meeting, the same tags were returned to the respective NEC members and this has been the culture since 2018. One NEC tag for one NEC member in one NEC term. No reprinting tags. No return of money to the NEC Printer!

Hitherto, NBA used to ‘bless’ her NEC members with what was known as NEC Bundle. NEC Bundles were nicely printed hard books with the sober green logo of the NBA on their covers. A flip through the pages welcome you with the glossy pictures of National officers and ordinary prints of quarterly reports of all NBA activities. In a year, a NEC member would go home with 4 of such and if well arranged, you would easily mistake NEC Bundles for useful law books on the shelves of the library of a NEC member. The only difference is that they were bought for the half of a thousand NEC members with NBA funds – running into tens of millions.

Since December 2018, the ‘NEC Bundle’ and its contractors regime has been ousted. In its stead, NEC reports are sent via emails and special WhatsApp Groups to all NEC members prior to the meetings. NEC members are encouraged to attend the meetings with their devices and, in place of heavy NEC bundles, the Paul Usoro leadership makes pervasive fast internet facilities at the venue of the meeting to aid free and easier downloads of the electronic reports. In addition to this, the reports are projected on a large screen for members to follow proceedings.

It was the same initiative that the present NBA leadership adopted on a bigger scale at her first Annual General meeting in 2019. The yearly reports were electronically reduced into PDF formats and were sent to members via emails. By this seemingly simple but ingenious efforts, we saved our association hundreds of millions that would have gone to some printers. And this is one of the reasons we were able to record for the first time ever hundreds of millions as surplus, post -2019 annual general conference.

While the conversation about the NBA picking the hotel bills of statutory NEC members is ongoing, the Paul Usoro administration has made the process more transparent and prudent. Shifting from the earlier system of reserving hotel accommodation for statutory members who may end up not attending the meeting, presently, until a NEC member is confirmed physically present for the meeting, reservations of accommodation are not availed. An indication of the success of this system is that in 2019 and for arguably the first time ever in the NBA history, the present Welfare Secretary, Joshua Enemali Usman returned more than a million Naira of un-utilized hotel bills to the coffers of the NBA.

In respect of meetings of National Officers, long before Covid-19 pandemic, and at the first constitutional amendment opportunity in August 2019, this NBA administration caused the General meeting to amend the NBA Constitution by adding a proviso to Article 8 (6). The said provision now allows for the monthly national officers meeting to hold via teleconference, videoconference and other electronic means, thereby cutting hotel and travel costs that would otherwise have been incurred.

This forward looking provision defines how leadership stands tall to take a peep into the future and face it by earnestly changing the status quo.

“Upon return for the next NEC meeting, the same tags were returned to the respective NEC members and this has been the culture since 2018. One NEC tag for one NEC member in one NEC term. No reprinting tags. No return of money to the NEC Printer!”

Please send emails to citylawyermag@gmail.com. Copyright 2020 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.

ELECTIONS: ‘NBA OFFERED US READY-MADE VOTING PORTAL,’ SAYS TAWO TAWO

• CONFIRMS CITY LAWYER REPORT
• SAYS FATE OF PORTAL UNCERTAIN
• VOWS THAT ECNBA IS ‘TOTALLY INDEPENDENT’

The Electoral Committee of the Nigerian Bar Association (ECNBA) has admitted that it was handed over a ready-made election portal for the forthcoming National Elections by the Mr. Paul Usoro SAN-led bar association. This confirms CITY LAWYER exclusive report which hinted that the ECNBA may have been preparing for the elections on the basis of the election portal bequeathed to it by the NBA leadership.

CITY LAWYER had in a recent report stated that “It was unclear at press time whether the vendor’s scope of work included a mandate to deliver an election portal for the forthcoming NBA Elections, given the notice issued by the ECNBA seeking proposals to recruit an ‘Information Technology Specialist.’ Among the work to be done by the IT Specialist/ECNBA Partner is, ‘Analyzing the new NBA Election portal system and infrastructure.’ The successful vendor is also required to train NBA staff ‘to use the new IT system.’ ”

Putting the issue beyond speculation, the ECNBA in a statement personally signed by its Chairman, Mr. Tawo Eja Tawo SAN said: “The Committee was briefed that the NBA has its own e-voting platform/portal for elections developed by TAVIA, an IT firm. TAVIA was invited to brief the Committee in conjunction with the NBA IT Officer Umar Gezawa, on the said NBA election platform/portal.”

He emphasized the critical role of the election portal, saying “the success of the elections would depend to a large extent on the electronic or IT platform that would be deployed for the election.” He added that “The need to procure such a platform has been a priority.”

Giving more insights into the “briefing” received from the NBA leadership on the election portal, the ECNBA Chairman said: “Further to the said briefing, the ECNBA decided that in spite of the advantages of such a portal, exploring the use of other viable e-voting platforms if necessary is not foreclosed. As such there was the need to engage an independent IT Consultant that would examine the NBA portal and critique same, its integrity, functionality and suitability or otherwise for the purpose of the elections as well as advise on other options.”

Highlighting additional roles of the consultant, the ECNBA Chairman said: “The Consultant would also be required to identify avenues for possible threats, and advise on how to contain same. Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant. They would be expected to verify electronically, the votes cast at the end of the exercise.”

Hinting on the fate of the election portal delivered by the NBA, Tawo who is said to be a born-again Christian noted: “Notwithstanding the above, the platform or portal to deploy for the election by the ECNBA would largely be dependent on the advice and report of the IT Consultant.” The ECNBA is currently sifting through applications received from its advertised request for expression of interest to pick its preferred IT consultant.

While the ECNBA Chairman did not state when the committee received the “briefing” from the NBA leadership, there are strong indications that this must have been before April 4, 2020 when the committee issued a “REQUEST FOR PROPOSAL (RFP): IT CONSULTANCY” which gave the scope of work of the IT Consultant to include “Analyzing the new NBA Election portal system and infrastructure.” CITY LAWYER recalls that the ECNBA was appointed by NBA-NEC on March 12, 2020.

At least three National officers who spoke to CITY LAWYER recently vowed that they were in the dark on the NBA website contract, adding that it was never discussed at any of their meetings. They also pleaded ignorance on the identity of the vendor or scope of work contained in the contract. The NBA did not respond to CITY LAWYER enquiries on the subject.

CITY LAWYER investigation however showed that Usoro informed NBA-NEC during its March 2019 meeting of his plan to “revamp” the verified NBA website to enhance its “functional uses.” He had stated that the websites for the Annual General Conference and NBA sections would be hosted on or linked to the NBA website while online payments and online platform for ordering stamps would be incorporated. However, the address was silent on the incorporation of a voting platform on the portal.

Though there are concerns among some stakeholders on the role of NBA staff in managing the elections, the ECNBA may have decided to give substantial roles to the staff. In its latest statement, the committee said: “Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant.” This aligns with item “f” of the “Scope of work” set out in the request for proposal which lists “Training staff to use the new IT system” as one of the deliverables of the IT Consultant.

While urging all stakeholders to shun “any activity that would be subversive and counter-productive to this exercise,” the committee however assured that it is “totally independent,” adding that “Mr. Paul Usoro SAN and his elected executive have given the ECNBA the needed liberty to do what is just and proper for the benefit of the profession in Nigeria. All candidates for the 2020 Elections shall be treated equally.”

The committee had published a Preliminary Notice of Elections as well as Election Guidelines in the run-up to the elections. Following its Call for Proposals from IT consultants, the ECNBA in its latest statement noted that it was “disheartening” for branches to shun the request to provide the data of eligible voters as requested by the NBA secretariat, warning that this may disenfranchise branch members. It however noted that it is in the process of compiling the Interim Voters Register as well as screening of IT proposals and interviewing of IT consultancy firms.

Please send emails to citylawyermag@gmail.com. Copyright 2020 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.

MUOKA URGES EBF TO TACKLE NATIONAL ISSUES

Former Chairman of Nigerian Bar Association (NBA), Lagos Branch, Mr. Alex Muoka has urged members of the Eastern Bar Forum (EBF) to tackle “issues of compelling national urgency” as they meet today in the “Garden City” of Port Harcourt.
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NBA LAGOS LAW WEEK HOLDS JUNE 15

The Nigerian Bar Association, Lagos Branch will hold its popular annual Law Week for this year from June 15 to June 21, 2019. The two-day plenary sessions will hold at the highbrow City Hall, Lagos.

Among the highlights of the event which is usually attended by the cream of Nigeria’s bar and bench are the classy Opening Ceremony, plenary sessions, health walk, prison visits, health check, closing party and Elders’ Nite.

Spearheaded by the cerebral Mr. Oyetola Oshobi SAN who also anchored last year’s highly successful week, the Law Week Planning Committee has been combing the entire legal landscape for A-list speakers. Over 40 leading jurists had audiences asking for more at last year’s event. The theme was “Human Capital and the Legal Profession in the 21st Century.” The theme for this year’s Law Week is still under wraps and will be unveiled at a Press Conference to formally herald the week.

Meanwhile, registration for this year’s law week has since commenced. Multiple registration channels have been provided by the Law Week Committee towards a seamless and hassle-free registration experience for intending participants. These include payment at the bank or through POS at the branch office. Participants can also download the registration form and pay through the payment gateway on the branch website.

The registration rates are below:

1-7 years: N3,500
8 – 15 years: N5,000
16 – 19 years is 10,000
20 years and above is N15,000
SAN AND BENCHERS N20,000

Please make payment to Nigerian Bar Association Lagos Branch at Access Bank. Account Number is 0728253326. Please return the registration form to the branch office with proof of payment.

For enquiries, please contact:
Nkem Agboti
08035739791
nagboti@gmail.com.

Oluyemisi Iwajomo:
08064112076
olwajomo@babalakinandco.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.

NBA, EBF, Igbo Lawyers Ask EFCC to Release Ubani


The Economic and Financial Crimes Commission (EFCC) has come under a flurry of attacks as the Nigerian Bar Association (NBA) and other groups of lawyers demanded immediate release of former NBA 2nd Vice President, Mr. Monday Ubani.

An ardent social critic, Ubani has been in EFCC custody for about three weeks for allegedly standing surety for his client and former Nigeria Social Insurance Trust Fund (NSITF) chief executive, Dr. (Mrs.) Ngozi Olejeme.

In a statement signed by its National Publicity Secretary, Mr. Kunle Edun, NBA described Ubani’s continued detention notwithstanding a court order for his release as “a gross violation of his constitutional rights to personal liberty. “

Noting that “Democracy thrives only where there is a culture of respect for rule of law and due process by all persons,” the lawyers’ body said: “The Nigerian Bar Association, therefore, demands that the EFCC immediately complies with the subsisting order of the Federal High Court by releasing Monday Ubani or charge him to court, if there is any reasonable cause to so do.”

In a similar vein, Otu Oka Iwu (Law Society), the umbrella body of Igbo lawyers noted that “It is a matter of deep concern and national embarrassment that the EFCC has chosen to brazenly disobey this order of the court.”

In a statement by its President, Chief Chuks Ikokwu, the influential body of Igbo lawyers said: “It is more worrisome that Mr. Ubani, an ardent critic, activist and social crusader, was asked to personally take his client on bail by Mr. Magu, the EFCC having rejected top civil servants it earlier demanded. Was this a ploy to silence the former NBA chieftain and unrelenting social critic?”

On its part, the Eastern Bar Forum (EBF) also chided the EFCC for its continued detention of the former NBA chieftain. In a statement signed by its Pulicity Secretary, Mr. George Fortune Igbikikuno, the EBF stated that “Nigeria is in a constitutional democracy where respect for rule of law reigns supreme,” adding: “The EBF seriously deprecates the EFCC’s disobedience to court order and urges it to do the needful.”

Below are the statements:


NBA CONDEMNS THE UNLAWFUL DETENTION OF MONDAY UBANI BY EFCC AND DEMANDS FOR HIS IMMEDIATE RELEASE

The attention of the President of the Nigerian Bar Association, Paul Usoro, SAN has been drawn to an order of Honorable Justice Sylvanus Oriji of the Federal High Court wherein His Lordship, on March 26, 2019 granted an ex-parte motion filed by Chief Mike Ozekhome, SAN directing the Economic and Financial Crimes Commission to charge, Monday Ubani, a former 3rd Vice President of the Nigerian Bar Association (NBA) and his co-applicant to court on or before Friday, 28/3/2019.

The court in the alternative, ordered that

“If the Applicants are not charged to court on or before 28/3/2019, EFCC is directed to release them on bail”

It has been 3 days after the order of the court was made and the EFCC, has characteristically shown daring disobedience to the orders of the court by refusing to release Monday Ubani on bail or charge him to court before the 28/3/201.

By the provisions of Section 1(1) of the Constitution of the Federal Republic of Nigeria, the provisions of the Constitution of the Federal Republic of Nigeria is supreme and binding on all persons and institutions in Nigeria.

By the further provisions of Section 35 (4) of the 1999 Constitution “ Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.”

Mr. Monday Ubani still remains in the unlawful custody of the EFCC for more than three weeks, which is a gross violation of his constitutional rights to personal liberty.

Democracy thrives only where there is a culture of respect for rule of law and due process by all persons. The EFCC, being a product of law, must also be subject to the laws of the Federal Republic of Nigeria, and therefore, cannot be above the law. The agency’s penchant for disobedience to orders of court is an ominous threat to rule of law and impacts negatively on Nigeria’s investment environment.

The Nigerian Bar Association, therefore, demands that the EFCC immediately complies with the subsisting order of the Federal High Court by releasing Monday Ubani or charge him to court, if there is any reasonable cause to so do.

The Nigerian Bar Association also urges the President of the Federal Republic of Nigeria, Muhammadu Buhari to closely monitor the activities of security agencies, like EFCC and DSS, and ensure that they obey the fundamental rights of Nigerians and respect the Constitution of the Federal Republic of Nigeria in the performance of their functions.

Kunle Edun
National Publicity Secretary, NBA.

OBEY COURT ORDER, RELEASE UBANI NOW – IGBO LAWYERS TELL EFCC


The Otu Oka Iwu (Law Society) has watched with dismay the flagrant disregard of a valid and subsisting court order and the 1999 Constitution by the Economic and Financial Crimes Commission (EFCC) led by its Acting Chairman, Mr. Ibrahim Magu.

It is recalled that Justice Sylvanus Oriji of the Federal High Court had in a ruling on March 26, 2019 granted an ex-parte motion filed by Chief Mike Ozekhome SAN directing the EFCC to charge former Nigerian Bar Association (NBA) Vice President, Mr. Monday Ubani and his co-applicant to court “on or before Friday, 28/3/2019.”

The court in the alternative ordered that “If the Applicants are not charged to court on or before 28/3/2019, EFCC is directed to release them on bail” upon fulfillment of some listed conditions.

It is a matter of deep concern and national embarrassment that the EFCC has chosen to brazenly disobey this order of the court. It has neither charged the former NBA Vice President to court nor granted him any administrative bail.

Aside from the EFCC and its leadership being in clear breach of the extant order of the Federal High Court, the continued detention of Mr. Ubani also violates Section 35 (4) of the 1999 Constitution which provides that “Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.” The maximum detention period is 48 hours, except extended by a competent court. Mr. Ubani has been in EFCC custody for about three weeks.

It also violates the detainees’ right to dignity of human persons, right to personal liberty, and right to freedom of movement as set out in sections 34, 35 and 41 respectively of the 1999 Constitution.

This culture of impunity as consistently exhibited by EFCC and its leadership continues to ridicule Nigeria in the comity of nations and sabotage efforts at attracting foreign direct investment. Investors only go to jurisdictions where the rule of law and respect for human rights are guaranteed while shunning countries where ‘rule of men’ predominate.

It is even more worrisome that this blatant disobedience of a valid court order by the Magu-led EFCC is coming on the heels of serial disobedience of court orders by the Federal Government directing the release from custody of former National Security Adviser, retired Col. Sambo Dasuki and leader of Shi’a Islamic Movement in Nigeria, Ibrahim El-Zakzaky and his wife. Is Mr. Magu merely taking a cue from the Federal Government?

We note that by the continued disobedience of the order of Federal High Court, Mr. Magu and the EFCC have displayed utter contempt for our courts and the country’s judicial system. It is ironic that these are the same courts the EFCC routinely runs to for orders which they zealously implement in the discharge of their mandate under the EFCC Act. It is not for EFCC and its leadership to pick and choose which court orders to obey or disregard. That is an invitation to anarchy. What is more, he who comes to equity must come with clean hands.

It is further recalled that the courts have severally cited the EFCC and its chairman for contempt, even as stiff damages have been awarded against the commission, thereby dissipating scarce public resources.

It is more worrisome that Mr. Ubani, an ardent critic, activist and social crusader, was asked to personally take his client on bail by Mr. Magu, the EFCC having rejected top civil servants it earlier demanded. Was this a ploy to silence the former NBA chieftain and unrelenting social critic?

Also, the fact that EFCC is apparently complicit in the alleged disappearance of Mr. Ubani’s client further questions the modus operandi and institutional integrity of the anti-graft agency. This follows Mr. Ubani’s posers thus: “Why will EFCC from another unit (Enugu) invade the home of a suspect (Dr. Mrs. Olejeme) who is on bail with them, more so when the matter they came for is purely a civil matter which was already in court? Why the long wait to charge a woman whom EFCC declared wanted since last year and who came back in December and was granted bail early January and up to now, no charge? Was this issue of rejecting valid sureties and insisting that I should be the one to stand for her a ploy to embarrass me for bringing the woman back from abroad to respond to her charges? Why am I being asked to produce her when it is the same EFCC that invaded her home when she was under bail? It is pertinent to point out that later in the day, the investigating officer in Abuja confirmed that the EFCC officials who came from Enugu got permission from the Acting Chairman (Magu) to come and arrest Dr. Olejeme. These and many other questions demand answers!”

We demand immediate release of Mr. Ubani and his co-applicant in line with the subsisting order of the Federal High Court.

Further, we demand a high-powered judicial enquiry into the allegations of complicity and dereliction of duty leveled against the EFCC and its leadership. The time to sanitize EFCC and rid it of corruption is now! Enough is enough!

We urge the Federal Government to take immediate steps to ensure that EFCC does not derail its avowed commitment to the rule of law and respect for fundamental rights of citizens. This has become more pressing given the presence of many senior lawyers including Vice President Yemi Osinbajo SAN in the Buhari Administration.

The EFCC’s Gestapo-style regime of holding citizens for weeks and months without trial and at times without valid court orders must stop. Nigeria is not a banana republic. Attempts by institutions of state to ridicule the country and make it seem like a lawless fiefdom must be resisted by all citizens and the international community.

Signed
Chief Chuks Ikokwu
President
Otu Oka Iwu (Law Society)
01/04/2019

RELEASE MONDAY ONYEKACHI UBANI, ESQ AND HONOURABLE CHRISTOPHER ENAI ON BAIL!!!

The Governing Council and distinguished learned members of the Eastern Bar Forum ably led by Chief Arthur Elvis Chukwu, Esq., ACIArb., KSJI., hereby lend its voice and support to the order of the High Court of the Federal Capital Territory Abuja that the Economic and Financial Crimes Commission that is currently keeping in its custody Monday Onyekachi UBANI, Esq and Honourable Christopher Enai since 19/03/2019, bring them before a court of law charged with the offences they are alleged to have committed or release them on bail as already ordered by the court. Nigeria is in a constitutional democracy where respect for rule of law reigns supreme. The EBF seriously deprecates the EFCC’s disobedience to court order and urges it to do the needful.

George Fortune Igbikikuno Esq., Publicity Secretary, EBF.

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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.

UKIRI, FIERY BAR ACTIVIST, IS DEAD

Firebrand Bar Leader and former Nigerian Bar Association (NBA) 1st Vice President, Mr. Emonena Blessing Ukiri is dead.  Continue Reading

XMAS-DAY DETAINEES NOW HOME, THANK ‘CITY LAWYER’

* ‘We Will Continue to Resist Attacks on Lawyers’ – NBA

The two lawyers who were detained by the Nigeria Police in lieu of their clients are now reunited with their families for the yuletide festivities. CITY LAWYER has also received high praise for its role in putting a spotlight on the plight of the detained lawyers. Continue Reading

XMAS: NBA WADES INTO CASE OF DETAINED LAWYERS

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TWO LAWYERS TO SPEND XMAS AT IKOYI POLICE STATION

Two Lagos lawyers are currently having a bleak Christmas celebration, having been detained by the Nigeria Police at their station in Ikoyi, CITY LAWYER can authoritatively report. Continue Reading

ADEGBORUWA BECOMES NBA PATRON FEB. 1

Fire-brand human rights lawyer, Mr. Ebun-Olu Adegboruwa has been appointed patron of the Nigerian Bar Association (NBA), Okitipupa Branch. The investiture ceremony will take place during the Annual Law Week of the branch on February 1, 2019. Continue Reading

BREAKING: ROBBERS RAIN BULLETS ON NBA CHIEFTAIN

Bandits suspected to be armed robbers have rained bullets on former Nigerian Bar Association Legal Adviser, Mrs. Linda Rose Bala. CITY LAWYER gathered that Bala’s driver was also badly injured during the attack. Continue Reading

NBA LAGOS SET TO MARK HUMAN RIGHTS DAY

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KILLINGS: NBA BLASTS FG, SECURITY AGENCIES

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Ojukwu Lauds Usoro on Transparency

* Carpets Mahmoud for Appointing ZDIC Chairmen with “horrible reputation”

Former Nigerian Bar Association (NBA) presidential candidate, Prof. Ernest Ojukwu SAN has hailed NBA President, Mr. Paul Usoro SAN for publishing the financial statements for the lawyers’ body. Continue Reading

MACARTHUR GRANT: NBA, ‘MURRAY’ IN FIERCE BATTLE

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• Usoro regime has damaged NBA brand – Murray
• Says Usoro resiled from pledge to Mahmoud
• ‘We spent only about N100 Million’ Continue Reading

ANTI-GRAFT WAR: NBA Rewards Corrupt Senior Lawyers, Punishes Juniors – GADZAMA

1. Introduction

When I received the letter from the Director General, Nigerian Institute of Advanced Legal Studies (NIALS) inviting me to deliver the 2018 Fellows’ Lecture, a myriad of questions began to flood my mind: Why Corruption? Why not Insecurity or Elections, or Democracy, or Good Governance, or the Role of Judges, or that of the Military, or Police, or Customs, or the Legislature or Executive, etc? Why me? Is it because as the Guest Lecturer at the NIALS’ State of the Legal Profession Lecture held on August 6th, 2013 the organisers were happy with my presentation? Or is it because I am considered incorruptible? Could it be that I am considered equally corrupt and I should be speaking from my past corrupt experiences? Or could it be because I am a friend of the indefatigable and ever amiable Director General of the Nigerian Institute of Advanced Legal Studies, Prof. Adedeji Adekunle, SAN? These rhetorical questions are endless and the answers thereto could be anyone’s guess.

There is no doubt that corruption has become a burden in Nigeria, and is to be blamed for the current regrettable position of the Nigerian state. Like a cankerworm or even a killer virus, it has eaten deep and permeated the very organ and life-blood of the nation to a near state of being comatose. The High Court of the Federal Capital Territory, Abuja just recently convicted two former Governors on corruption allegations. The first being the former Governor of Taraba State, Jolly Nyame, who was, on the 30th of May, 2018, found guilty and sentenced to 14 years imprisonment without an option of fine for misappropriating State funds, while he served as Governor from 1999 to 2007 . The second is the former Governor of Plateau State, Senator Joshua Dariye who was accused of diverting N1.126bn from Plateau Government’s Ecological Funds and on the 12th June, 2018, he was found guilty and sentenced to 14 years imprisonment without an option of fine.
The ‘2018 Investment Climate Statements’ published by the US Department of State’s Bureau of Economic and Business blamed corruption, as one of the hindrances to doing business in Nigeria. The report stated thus:
“Nigeria’s full market potential remains unrealised because of significant impediments such as pervasive corruption,”

Before I proceed, let me borrow the words of the iconic figure, Lord Bacon:
“I hold every man a debtor to his profession; from the [sic] which as men of course, do seek to receive countenance and profit; so ought they of duty to endeavour themselves by way of amends to be a help and ornament thereunto”.

Members of the Bar are critical to the well being of the nation and therefore held in high esteem. They owe the profession a serious and uncompromising duty to keep it hallowed and respected. There is a growing perception that members of the Bar, as well as Judges are using the law to suppress the truth while aiding corrupt politicians. This perception is unhealthy and toxic to the legal profession and the nation at large and must be addressed in a timely and expeditious manner.
Lawyers owe a duty to the nation and the society to ensure that corruption, criminality and all forms of impunity are fought conscientiously and resolutely, and eradicated in all facets of our national life.

2. Conceptual Clarification of Key Phraseologies
For the purpose of better assimilation, it is imperative to clarify two key terms used in this paper to wit:

(a) The Bar (Legal Practitioners)
The question of who is a legal practitioner is provided for by statutes and has also gained judicial
imprimatur in a couple of decided cases. The Legal Practitioners Act 1975 provides thus:
“Subject to the provision of this Act, a person shall be entitled to practice as a barrister and a solicitor if and only if his name is on the roll” .

The Legal Practitioners Act also provides as follows:
“ … A Legal Practitioner in Nigeria is a person entitled in accordance with the provision of this Act to practice as barrister or as a barrister and solicitor either generally or for the purpose of any particular office or proceedings.”

Under the Legal Practitioners Act only registered legal practitioners or members of the Bar, those who have paid their practicing fees, have the right of audience in any court of law or Tribunal in Nigeria. In the case of Olusemo v COP the court held thus:
“A legal practitioner is by virtue of section 2(3) of the Legal Practitioners Act, Cap 207 LFN 1990 as amended entitled to and has the right to appear and have audience in any court of law or tribunal in Nigeria.”

By reason of the above therefore, the Bar refers to members of the learned profession, irrespective of where they work but excluding the Judges.

(b) Corruption
Corruption has been defined by various persons and from different perspectives depending on their focus. One of the most popular definitions of corruption was given by Leslie Palmier. According to this definition, corruption is seen as the use of public office for private advantage. A more embracing definition of corruption is given by Macrae J., who defined it thus:
“An arrangement that involves an exchange between two parties which has an influence on the allocation of resources either immediately or in the future and involve the use or abuse of public or collective responsibility for private ends.”

Some other authors defined corruption as the misuse of public power for private benefits such as bribing public officials, kickbacks on public procurement or embezzlement of public funds. The interpretation section of the Corrupt Practices and Other Related Offences Act, describes corruption thus; “corruption includes bribing, fraud and other related offences”.
In the words of Mallam Nuhu Ribadu, we can simply say that it is an evil that is very much recognisable. When you see corruption, you know it; when you are engaged in corruption, you also know it.
The African Union Convention on Preventing and Combating Corruption defines corruption as the acts and practices including related offences prescribed in the Convention. The offences covered by the Convention include bribery (domestic or foreign), diversion of property by public officials, illicit enrichment, money laundering and concealment of property.

The International Monetary Fund defines corruption as “abuse of authority or trust for private benefit: and is a temptation indulged in not only by public officials but also by those in positions of trust or authority in private enterprises or non-profit organizations.”

According to Transparency International, corruption generally speaking is defined as “the abuse of entrusted power for private gain”. It further defines corruption as involving behaviour on the part of officials in the public sector, whether politicians or civil servants, where they improperly and unlawfully enrich themselves or those close to them, by the misuse of the public power entrusted to them.

Permit me at this juncture to also proffer my own definition of corruption. You may wish to call it J-K Gadzama’s definition. To my mind, corruption is simply the abuse of position, power, privilege or principles for personal purposes; whether monetary or otherwise (I call it the 6P’s). The scope of corruption is therefore elastic and includes: use of one’s office or position for pecuniary advantages, gratification, and insincerity in advice with the aim of gaining advantage, etc.

Daniel Kaufmann, from the World Bank, extends the concept of corruption to include ‘legal corruption’ in which power is abused within the confines of the law—as those with power often have the ability to make laws for their protection. The effect of corruption in infrastructure is to increase costs and construction time, lower the quality and decrease the benefit.
Thus, corruption can be defined, described or explained as it means different things to different people.
Since corruption is the crux of this lecture I would like to briefly highlight the various dimensions, types, forms and shades of corruption.

3. Types of Corruption
Professor Taiwo Osipitan SAN has identified three classes of corruption namely:
(a) Collusive corruption which involves planned cooperation of the giver and receiver.
(b) Extortionary corruption which involves forced extraction of bribes and other favours from vulnerable victims by those in authority and,
(c) Anticipatory corruption which occurs when bribe or gift is offered in anticipation of favour from the recipient of the gift to the giver of the gift. Corruption is therefore multi-faceted affecting all spheres of our socio-economic life and politics. The Legislature, the Executive, the Judiciary, the private sector and the civil society are all involved in corruption. Thus an all embracing and universally acceptable definition is not possible.

Other scales of corruption have been highlighted to include:
a) Petty Corruption
Petty corruption occurs at a smaller scale and takes place at the implementation end of public services when public officials and members of the public interact. For example, petty corruption occurs in many small places such as registration offices, police stations, state licensing boards, and other private and government sectors.

b) Grand Corruption
Grand corruption is defined as corruption occurring at the highest levels of government in a way that requires significant subversion of the political, legal and economic systems. Such corruption is commonly found in countries with authoritarian or dictatorial governments but also in those without adequate policing of corruption.

c) Systemic Corruption
Systemic corruption (or endemic corruption) is corruption which is primarily due to the weaknesses of an organization or process. It can be contrasted with individual officials or agents who act corruptly within the system. In this context, corruption does not belong to the public sector alone; it also extends to the private sector as it is systemic.

d) Tied Aid
Tied aid is foreign aid that must be spent in the country providing the aid (the donor country) or in a group of selected countries. A developed country will provide a bilateral loan or grant to a developing country, but mandate that the money be spent on goods or services produced in the selected country.

e) Institutional Corruption
Institutional corruption is manifest when a systemic and strategic influence which is legal, or even currently ethical, that undermines the institution’s effectiveness by diverting it from its purpose or weakening its ability to achieve its purpose, including, to the extent relevant to its weakening, either the public’s trust in that institution or the institution’s inherent trustworthiness. Institutional corruption is essentially official corruption. This is because it is the corruption committed by officials of government institutions like ministries, departments and agencies.

It is a fact that corruption has become notorious in Nigeria to the extent that even the least ranking officer in a public office can hold a person to ransom in order to achieve a corrupt end. Also, corruption has become institutionalized to the extent that non-receipted phony fees are demanded and collected from prospective applicants, by several government agencies. This troubling scenario has created a vast field of partakers and victims of corrupt practices, high and low alike.

4. The Role Of The Bar In The Fight Against Corruption

Before delving into the critical role that lawyers as members of the Bar play in the anti-corruption fight, it is pertinent to note that the obligations and responsibilities of lawyers when dealing with corrupt practices are weighty. The traditional role of lawyers is that of defenders of justice and representatives of individuals before the law. Consequently, the fall-out from lawyers being involved in corrupt practices can be far greater than that of other professions, and rightly so.
By our cherished training, members of the Bar are best placed to be vanguards of advocacy for law reform and protection of individual rights, good governance, consumer protection, economic development, social welfare, the fight against corruption, etc. Where then does the Bar stand in the fight against corruption?

(a) Members of the Bar as Leaders of the Anti-Corruption Crusade
Leadership is about inspiring confidence and influencing others in the right direction and towards achieving a goal. Lawyers are privileged to have been learned in several areas of knowledge and are deemed to “know something about everything and everything about something”. Lawyers hold the key to various legal issues. As members of the Bar, we are better positioned to lead others in ensuring that Nigeria is not drowned or choked by corruption. In the words of President Muhammadu Buhari, GCFR, “if we don’t kill corruption, corruption will kill us”.

(b) Members of the Bar as Researchers and Law Teachers
Lawyers are custodians of the law. Even where they do not know the law, they should know where to find the law. Anti-corruption laws in Nigeria are currently at their nascent stage. Statutory and case laws as well as rules are emerging. The lawyer is therefore expected to be conversant with these laws. The lawyer plays the role of a teacher and researcher. Precisely, the lawyers who are in academia, particularly criminal law teachers, researchers and those in places like the Nigerian Institute of Advanced Legal Studies, are expected to extend their role of teaching and researching the law to the emerging area of the law of corruption. Effective research is an essential skill of a lawyer whether as a student or in practice. The ability to perform legal research is one of the basic lawyering skills. I therefore urge the academic to take this challenge very seriously.

(c) Members of the Bar as Policy Makers and Administrators
At first sight, it would seem that legal practitioners may not be directly involved in policy conception, formulation and policy making as they are seen not to be the traditional roles of lawyers. However, in every facet of life, lawyers are either directly involved with or form part of a team in government policy formulation. My admonition is where legal practitioners are involved in policy making on corruption, it is important that they bring their legal knowledge to bear on such policy. For instance, it may not be enough to make policy to fight corruption, it may also be necessary to understand the underlying factors in the crime of corruption. Thus, a legal practitioner with knowledge in the relevant field like criminology, psychology, sociological jurisprudence, etc, may guide the policy-making team on the issues to be considered before making such policies.

(d) Members of the Bar as Advisers
On so many occasions, members of the Bar are appointed to serve as advisers to politicians, Governments, individuals, companies and other entities. Where their advisory role relates to legal issues on corruption, lawyers must be guided by the law, ethics, knowledge, wisdom and diligence.

(e) Members of the Bar as Prosecuting Counsel
In the light of judicial decisions in cases like FRN v. Osahon, Olusemo v COP (supra), and the provisions of the Administration of Criminal Justice Act, 2015, the work of prosecuting criminal cases is gradually being left entirely for qualified lawyers. The work of prosecuting criminals is one of the roles that lawyers play, particularly those at the Federal Ministry of Justice, EFCC, ICPC, and the legal department of the Nigeria Police Force. Where a lawyer finds himself as a prosecutor, most especially in corruption cases, he has a fundamental role of meticulously studying and scrutinising case files before giving advice, drafting a charge, filing the case, commencing trial and diligently prosecuting same. The power of the prosecutor is clearly provided for in sections 174 and 211 of the 1999 Constitution. These provisions are reinforced by our laws on Criminal procedure such as the Administration of Criminal Justice Act 2015 and also decided cases. Prosecuting counsel must not be a persecutor; he must also not soil his hands by compromising his case.

(f) Members of the Bar as Defence Counsel in Corruption Cases
It is usually the members of the Bar that serve as defence counsel to people accused or alleged to have committed criminal offences, including corruption related offences. The defence counsel in corruption cases must adhere to Rules 14, 15 and 32, of the Rules of Professional Conduct for Legal Practitioners in Nigeria. These Rules emphasise the need for devotion to duty, strong respect for and compliance with all relevant legal principles and laws, and fair play and honourable means of achieving his aim of giving the best service to his client.

(g) Members of the Bar as Judges

We all know that judges are appointed from the members of the Bar. Indeed, it has been said that the bench will forever reflect the Bar as it is the source from which it is constantly replenished.
The Commonwealth Heads of Government at its meeting in Abuja, Nigeria, in 2003 agreed and endorsed certain principles for governing three branches of government in the Commonwealth States. These are contained in a document titled: Commonwealth (Latimer House) Principles on the Accountability of and the Relation between the three branches of government. The Commonwealth affirms that: An independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice. The function of the judiciary is to interpret and apply national constitutions and legislation, consistent with international human rights conventions and international law, to the extent permitted by the domestic law of each Commonwealth country.

(h) Members of the Bar as Foot Soldiers and Protectors of the Rule of Law
It has been suggested that the fight against corruption will not be won unless the ‘rule of law’ works. Until the rule of law (including the anti-corruption law) is enforced equally against everyone, the fight against corruption will not see the light of day. Lawyers are the forerunners and foot soldiers of safeguarding the law. Without the rule of law, the ‘rule of force’ or the ‘rule of man’ will be enthroned and justice will be determined by how much power or influence a man holds or how much money he is willing to pay.

To uphold the rule of law we need to have credible lawyers (including lawmakers and law enforcers) who are to take the lead. In the fight against corruption, lawyers are important instruments because they are the key actors in our legal system, which is apparently not functioning properly. It is the lawyers who can contribute greatly to liberating our nation from corruption. There will be no rule of law without credible lawyers; lawyers of course who are expected righteous and have a strong sense of justice. The absence of credible lawyers to carry out the mission to uphold the rule of law presents a disincentive to corruption eradication.
All the government’s efforts in the battle against corruption will fail if the majority of lawyers take an opposing stance or act as onlookers.

(i) Lawyers as the Vanguard in the Fight Against Corruption

In all the efforts targeted at tackling corruption over the years in our country, lawyers have played essential and significant roles as advisers, public prosecutors, judicial officers on the Bench or as private counsel. Lawyers are apparently everywhere and in all places. Nothing is achieved or done without involving lawyers and in reality, nothing can be done in the anti-corruption war without the involvement of lawyers. Owing to the enormous task on lawyers, it therefore behoves on the lawyers to be determined, honest, patriotic and fearless. Younger members of the Bar can take a cue from those that have gone ahead of us like the late Chief Rotimi Williams, SAN, Chief Gani Fawenhimi, SAN, etc.

5. The Problem With Corruption: The Bar Caught In The Web

The law is a noble profession and lawyers are naturally entrusted with nobility. This is evident in almost every aspect of the life of a lawyer, including the nature and colour of the lawyer’s attire which signifies sobriety and moderation. The lawyer’s gown has no pocket so that the gentle and noble man is not corrupted. The only pocket-like arrangement is found at the back of the lawyer’s gown. Historically, we are told that in those days, lawyers were not to be seen to collect money and if any person had any reason to give his lawyer money, the person had to do it quietly by putting the coins in the small pocket at the back of the gown without the lawyer’s knowledge. As noble men, lawyers are to be respected and never be seen where corruption is mentioned. However, the story today seems different. The pertinent question therefore is, “where do lawyers fit in the fight against corruption?”
By training and practice, lawyers are very essential in every part of our system, from politics to business. There are no business transactions that are done without involvement of lawyers. Among all the professional groups, only lawyers are in charge of an entire arm of government; the Judiciary. The Judiciary, consisting entirely of the members of the Bar, by its strategic place in the power arrangement in a democratic setting like ours, has the capacity to bring corruption to a halt and, a fortiori, solve myriads of our national problems.

All things being equal, one is not oblivious of the major functions of a lawyer, particularly those in private practice, in the administration of justice chain vis-à-vis the right of the suspect in criminal prosecution to legal representation. This function is codified in our Constitution, Statutes and Laws. Usually, the lawyer’s focus and concern is geared towards his client’s interest and satisfaction. The challenge of the private practitioner, therefore, is that of striking a balance between what is in the client’s best interest and what is in the public interest, particularly given the current problem posed by corruption in our country.

The English legal luminary, Lord Brougham in defending Queen Caroline at her trial in the House of Lords in 1821 captured it aptly when he said:
“An advocate in the discharge of his duty knows but one person in all the world, and that person is his client. To save that client by all means and expedients, and at all hazards and costs to other persons, and, among them, to himself, is his first and only duty; and in performing this duty he must not regard the alarm, the torments, the destruction which he may bring upon others. Separating the duty of a patriot from that of an advocate, he must go on reckless of consequences, though it should be in his unhappy fate to involve his country in confusion.”

Indeed, suspects have the right to representation and a lawyer is legally empowered to offer such services. However, that must be done within the ambit of law and morality. That is why there is a code of ethics. Legal representation should not be seen as an avenue to win a case by all means. A situation where a course of justice is perverted by all manner of antics is costly to the society and the profession. A lawyer serving as a conduit of desecrating the Judiciary by bribing judges and judicial officers is a disgrace to this noble profession.

The international community had long recognised the critical and essential role of lawyers in the anti-corruption fight. This necessitated gatekeepers’ role given to the lawyers. In 1990, the Financial Action Task Force (FATF), a body set up by the G8 countries, adopted a set of forty recommendations on money laundering. In 2001, those recommendations were reviewed and presented in the May 30, 2002 Consultation Paper known as the Gatekeeper Initiative. The Initiative proposed that some professionals, including lawyers, should act as ‘gatekeepers’ to the international financial and business markets by disclosing client breaches of rules, regardless of the fact that such information was obtained in confidence and not mentioned to the affected clients.
Contained in a 2003 ABA paper, the FATF recommendations could be summarized as: Extending certain anti-money laundering measures to lawyers, such as increased regulation and supervision of the profession; increased due diligence requirements on clients, new or expanded internal compliance training and record keeping requirements for lawyers and law firms; and, under certain circumstances, “suspicious transaction reporting” (“STR”) requirements that require lawyers to report to a government enforcement agency or a self-regulatory organization (“SRO”) information that triggers a “suspicion” of money laundering relating to a client activity.
These FATF recommendations were opposed by the Bar Associations in many countries. Nevertheless, with continuous dialogue between FATF and the Bar Associations across the world many Bar Associations have implemented stringent internal control measures in order to cooperate with the international community while some nations adopted statutory measures.
In Nigeria, this led to the enactment of the Money Laundering (Prohibition) Act 2011 and the Prevention of Terrorism Act (PTA) 2011/2013, and the establishment of the Special Control Unit Against Money Laundering (SCUML) created to monitor, supervise and regulate the activities of Designated Non-Financial Institutions (DNFIs). Section 25 of the Money Laundering (Prohibition) Act defines DNFIs as:
“dealers in jewellery, cars and luxury goods, precious stones and metals, real estate, estate developers, estate surveyors and valuers, estate agents, chartered accountants, audit firms, tax consultants, clearing and settlement companies, hotels, casinos, supermarkets, dealers in mechanized farming equipment and machineries, practitioners of mechanized farming, NGOs or such other businesses as the Federal Ministry of Trade and Investment or appropriate regulatory authorities may from time to time designate.”

By virtue of the CBN (Anti Money Laundering and Combating the Financing of Terrorism in Banks and other Financial Institutions in Nigeria) Regulation 2013, legal practitioners were included in the list of DNFIs thus requiring lawyers to register with SCUML though this was resisted by the Nigerian Bar Association.

It may be recalled that in the 1990s, the international community regarded Nigeria as a pariah state not only because of the high level of money laundering but also because of advance fee fraud associated with Nigerians. Hence the country was blacklisted as a non-cooperating country having limited legal and regulatory framework to tackle Money Laundering and Financing of Terrorism by the Financial Action Task Force (FATF). It was for this reason that the Nigerian Financial Intelligence Unit (NFIU) was established in June 2004 by the then President Olusegun Obasanjo, in fulfilment of the requirement by FATF.

The NFIU was initially domiciled at EFCC and draws its powers from the EFCC (Establishment) Act of 2004 and the Money Laundering (Prohibition) Act of 2011. However, on Wednesday, 11th July, 2018, President Muhammadu Buhari, signed the Nigerian Financial Intelligence Unit Bill into law. With the signing of the new Act, NFIU will cease to exist as a department in the Economic and Financial Crimes Commission (EFCC), and will now be domiciled in the Central Bank of Nigeria, but as an autonomous and Independent body.
The law requires lawyers to submit records of financial transactions about their current, existing and prospective clients to the NFIU and to the Special Control Unit Against Money Laundering (SCUML) where such is above the stipulated limit.

It may be recalled that NBA successfully challenged this regulation and SCUML in the case of Registered Trustees of Nigerian Bar Association v. AGF and CBN (FHC/BS/173/2014). The Federal High Court held that sections 5 and 25 of MLA could not be used against legal practitioners because SCUML and FMTI are not juristic persons. The Court upheld the provisions of Rule 19(1) of the Rules of Professional Conduct for Legal Practitioners, made pursuant to the Legal Practitioners Act and section 192 of Evidence Act which preserves confidentiality of Attorney-Client communication.

Furthermore, the Court said sanctions contemplated by SCUML had been covered by extant rules regulating conduct of lawyers thus the MLA regulations were superfluous. The Court refused to accept the submission of the defence that the purpose of the MLA and SCUML was not to monitor legal practitioners but their clients involved in suspicious transactions and that the legislation is a valid derogation from fundamental rights preserved in the Constitution.

The core of the Court’s position is that Federal Ministry of Industry Trade and Investment (FMITI) and Special Control Unit on Money Laundering (SCUML) are not juristic persons, however, sections 5 and 37 of the Nigerian Financial Intelligence Bill 2015 passed 2nd June 2015 by the National Assembly, now signed into law by Mr. President, obliges lawyers and other DNFI to report suspicious transactions to the newly established NFIU.

Notwithstanding NBA’s successful challenge of the SCUML’s case, it is my humble opinion that lawyers cannot run away from the professional obligation placed on them to cooperate with government’s anti-corruption and money laundering laws. Rule 15(2) (a) of the Rules of Professional Conduct for lawyers provides:
“In his representation of his client, a lawyer shall – keep strictly within the law notwithstanding any contrary instruction by his client and, if the client insists on a breach of the law, the lawyer shall withdraw his service”

Here is my word of caution, a caveat if you will; if we, as a profession, fail to observe and enforce ethical standards and rules of professional conduct, our profession will gradually decline until it perhaps becomes irrelevant. Furthermore, other professional bodies or touts will gradually infiltrate and take over some of our vital functions thereby diminishing economic opportunities for our members. This is true of any other profession.

The foregoing is obvious in the apparent loss of respect for the Bar in recent times. Touts and taxi drivers now use NBA stickers and even lawyers’ attires. There is lack of respect for Nigerian lawyers at various embassies and in different countries, largely attributable to corruption related practices.

In the recent past it was not so. A judge of the FCT High Court once shared the story of his relations with us in an open court. He said his relation; a member of the Bar travelled to the UK with other top government officials and highly placed politicians. When they landed in the United Kingdom, as usual they were asked to present their travel documents. When the lawyer presented his, on seeing it, they simply asked him “are you a lawyer?” He responded in the affirmative and immediately they said he should proceed without even searching or asking him further questions. However, it was not the case with other top ranking government and political officials. They were scrutinised and thoroughly searched. This gives a vivid picture of the respect accorded members of the profession in the recent past. But what is the position today? We can all give answer to that. What then is the expectation from members of the Bar regarding the fight against corruption?

6. Expectations From Members Of The Bar

It must be noted that law is not only a noble profession but also a regimented one. It is regimented in the sense that it is strictly guided by certain rules which regulate the everyday activities of the lawyer. Failure to comply with these rules attracts sanctions. This is the reason we have entities like the Legal Practitioners Disciplinary Committee and other bodies regulating the legal profession. The rules of professional conduct have ample provision to ensure that members of the Bar are corruption-free and also to ensure that they carry out their professional calling with sanity and in accordance with the expectation of the society at large. What then are the expectations from members of the bar in line with the Rules of Professional Conduct (RPC)?

Playing by the Rules
It must be pointed out here that lawyers, like all citizens of Nigeria, are bound by the law, most especially the Constitution as the grundnorm. The 1999 Constitution (as amended) S.15(5) provides:

“(5) The State shall abolish all corrupt practices and abuse of power.”

While S. 24 provides:

“It shall be the duty of every citizen to –
(a) abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, and legitimate authorities;
(b) help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such national service as may be required;
(c) respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood;
(d) make positive and useful contribution to the advancement, progress and well-being of the community where he resides;
(e) render assistance to appropriate and lawful agencies in the maintenance of law and order; and
(f) declare his income honestly to appropriate and lawful agencies and pay his tax promptly.”

Consequently, the legal practitioner, like every citizen, must adhere to the provisions of the Constitution. However, it must be noted that one unique feature of the legal profession is that it is well regulated not only by legislation, but also by Rules of Professional Conduct. In this respect, one of the subsidiary legislation to the Legal Practitioners Act is the Rules of Professional Conduct for Legal Practitioners. The current rules were made on 2nd January 2007 by the then Attorney-General of the Federation and Minister of Justice/ Chairman General Council of the Bar. This was made pursuant to section 12(4) of Legal Practitioners Act, 2004.

The Rules contain Fifty-Seven (57) Rules structured into seven major areas of the practitioners’ roles. The Rules make adequate provisions to guide Legal Practitioners in their practice without falling prey to the forces of corruption and other illegalities. For the sake of time and space, I will just consider a few of these Rules to illustrate this point. Rules 1, 14, 15, 16, 30, 31 and 37 are particularly attractive for our purposes. These rules border on the following:

General Responsibility of a Lawyer
A lawyer shall uphold and observe the rule of law, promote and foster the cause of justice,
maintain a high standard of professional conduct, and shall not engage in any conduct which is
unbecoming of a legal practitioner.

Dedication and Devotion to the Cause of the Client
It is the duty of a lawyer to devote his attention, energy and expertise to the service of his client and, subject to any rule of law, to act in a manner consistent with the best interest of the client.

Representing Client within the Bounds of the Law
In his representation of a client, a lawyer may refuse to aid or participate in conduct that he
believes to be unlawful even though there is some support for an argument that the conduct is
legal. In his representation of his client, a lawyer shall:

(a) keep strictly within the law notwithstanding any contrary instruction by his client and, if the client insists on a breach of the law, the lawyer shall withdraw his service;
(b) use his best endeavours to restrain and prevent his client from committing misconduct or breach of the law with particular reference to judicial officers, witnesses and litigants and if the client persists in his action or conduct, the lawyer shall terminate their relations.

Representing the Client Competently
A lawyer shall not –

(a) handle a legal matter which he knows or ought to know that he is not competent to handle,
(b) without associating with him a lawyer who is competent to handle it, unless the client objects;
(c) handle a legal matter without adequate preparation;
(d) neglect a legal matter entrusted to him; or
(e) attempt to exonerate himself from or limit the liability of his client for his personal malpractice or professional misconduct.

Lawyer as Officer of Court
A lawyer is an officer of the Court and accordingly, he shall not do any act or conduct himself in any manner that may obstruct, delay or adversely affect the administration of justice.
Duty of Lawyers to Court and Conduct in Court
A lawyer shall always treat the Court with respect, dignity and honour. Where the lawyer has a proper ground for complaint against a judicial officer, he shall make his complaint to the appropriate authorities. A lawyer who fails to comply with any undertaking given by him either personally or on behalf of his client to a court is prima facie guilty of professional misconduct. Except where the opposing lawyer fails or refuses to attend and the Judge is advised of the circumstances, a lawyer shall not discuss a pending case with a Judge trying the case unless the opposing lawyer is present. Except provided by a rule or order of court, a lawyer shall not deliver to the Judge, any letter, memorandum, brief or other written communication, without concurrently
delivering a copy to the opposing lawyer.

Employment in Criminal Cases
For a member of the Bar who is employed in, or briefed to handle criminal cases particularly when it involves handling corruption cases Rule 37 becomes apposite, it says:

“(1) Where a lawyer undertakes the defence of a person accused of a crime, he shall exert himself, by all fair and honourable means, to put before the Court all matters that are necessary in the interest of justice, but he shall not stand bail for a person for whom he or a person in his law firm is appearing.
(2) Where the lawyer accepts a brief for the defence in a murder trial, he shall be deemed to have given a solemn undertaking, subject to any sufficient unforeseen circumstances, that he will personally conduct the defence provided his fee is paid.
(3) Where an accused person discloses facts which clearly and credibly show his guilt, the lawyer shall not present any evidence inconsistent with those facts and shall not offer any testimony which he knows to be false.
(4) The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done.
(5) A public prosecutor shall not institute or cause to be instituted a criminal charge if he knows or ought reasonably to know that the charge is not supported by the probable evidence.
(6) A lawyer engaged in public prosecution shall not suppress facts or secret witnesses capable of establishing the innocence of the accused person, but he may make timely disclosure to the lawyer for the defendant, or to the defendant if he has no counsel, of the existence of evidence known to the prosecution or other government lawyer that tends to negate the guilt of the accused, mitigate the degree of the offence or reduce the punishment.”

There are divergent opinions regarding equality of application and enforcement of the rules against all lawyers in Nigeria. Justice Salami once lamented that:

“I wish the Nigerian Bar Association would have the will, ability and capacity to implement the recommendations of the Okpoko Committee that carried out NBA’s independent investigation into the Sokoto Case which led to my travails… Unfortunately, NBA which had a good report in its hands could not impose sanctions on members of your Bar that were indicted therein (probably because ‘prominent’ senior lawyers were involved)… Sometimes (and when it matters) some members of the Bar representing NBA on the NJC hardly stand up for the truth not to talk of speaking the truth,”

This biting comment by Justice Salami reflects the general view of many members of the Bar in respect of managing professional ethics and misbehaviour by lawyers.
The perception is that in so many cases, the NBA could not mete out appropriate sanction to its members because of the involvement of ‘prominent’ and ‘senior’ lawyers. This is a serious issue which requires urgent attention by the NBA. Erring young lawyers are easily penalised, while the seniors who are guilty of more severe offences against the profession are usually honoured and rewarded with membership and chairmanship of important NBA committees.
Recently, the Supreme Court had cause in Dariye v FRN (2015) 6 NWLR (pt.1467) 325, to reprimand a member of the Bar for the delay of corruption cases. Ngwuta JSC said –

It is not the duty of learned counsel to resort to motions aimed principally at delaying or even scuttling the process of determining whether or not there is substance in the charge as laid. In my view, this motion is a disservice to the criminal process and a contemptuous lip service to the fight against corruption. The tactics employed here is only one of the means by which the rich and powerful cripple the criminal process. There are cases where the accused developed some rare illness which acts up just before the date set for their trial. They jet out of the country to attend to their health and the case is adjourned. If the medical facilities are not available locally to meet their medical needs it is only because due to corruption in high places the country cannot build proper medical facilities equipped with state of the art gadgets. There should be no clog in the process of determining whether or not a person accused of a crime is guilty irrespective of his status in society.

The issue here is that the defence counsel was found to be culpable of perpetrating delay on behalf of the Defendant. The Court only reprimanded but did not specifically recommend the counsel for discipline, especially in line with Rule 30 of Rules of Professional Conduct. This would have served as deterrent to others.

It is rather unfortunate, that so many members of the Bar demonstrate this attitude, especially in the prosecution of high profile cases where some suspects are treated as sacred cows or untouchable and encouraged by some members of the Bar to treat the Court with disdain. In Dariye v FRN (supra), Nweze JSC had reason to say thus:

“I have noticed a most worrisome trend in recent times, affluent Nigerians, particularly, the politically-exposed citizens of this great country, imagining that they are above the laws of the land, have perfected some awkward and graceless tactics of delaying their trial when they run into conflict with our penal statutes. The appellant in this appeal falls into this category.”

7. Legal Framework On Anti-Corruption In Nigeria
We have a number of laws and institutions enacted and set up to fight corruption. For the constraint of space and time, I will just highlight the major ones among them. I will basically highlight those that are most relevant to our topic of discussion. The main laws on corruption control include the following:

(a) The 1999 Constitution (As Amended)
The Constitution is the most important law in the country. Section 15(5) of the Constitution provides that the State shall abolish all corrupt practices and abuse of power. In the Fifth Schedule to the Constitution (the Code of Conduct), it prohibits public officers from accepting property or benefits of any kind for him/herself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.

(b) The Economic and Financial Crimes Commission (EFCC) Act
The EFCC Act established the Nigeria’s Anti-graft agency. The Act mandates the EFCC to combat financial and economic crimes and empowers it to prevent, investigate, prosecute and penalise economic and financial crimes. Section 46 of the Act defines “economic crime” as a – nonviolent criminal activity committed with the objectives of earning wealth illegally. Apart from establishing the agency, it has several sections which deal with financial crimes and corruption, and provide penalties for breach of those sections.

(c) The Corrupt Practices & other Related Offences Act
The Act seeks to prohibit and prescribe punishment for corrupt practices and other related offences. It established the Independent Corrupt Practices and Other Related Offences Commission (ICPC) vesting it with the responsibility for investigation and prosecution of offenders thereof. The Act generally prohibits the various perceived acts of corrupt practices arising from interactions or transactions involving public/government officers and the general public or private individuals. The main aim of the Act is prohibition of corrupt practices and bribery; however it also seeks to curb corrupt practices in private business transactions and inter personal relationships among individuals and persons.

(d) Criminal Code/Penal Code

The Criminal Code is applicable in most of the States in Southern Nigeria, and has several sections which deal with corruption and unjust enrichment, specifically by public officials. For instance, Section 98 of the Criminal Code deals with the offence of corruption by defining what it is and prescribing an offence for corruption and its related offences. In the same vein, the Penal Code applies in the Northern States of the country.

(e) Money Laundering (Prohibition) Act

According to the Act, Money laundering, is committed when any person in or outside Nigeria directly or indirectly conceals or disguises the origin of; converts or transfers; removes from the jurisdiction; acquires, uses, retains or takes possession or control of; any fund or property, knowingly or which he/she should reasonably have known that such fund or property is, or forms part of the proceeds of an unlawful act. In a nutshell, it is when an individual intends to legitimise proceeds from criminal activities. The Act prescribes penalties for money laundering related offences.

(f) The Code of Conduct Bureau and Tribunal Act
The Code of Conduct Bureau and Tribunal Act established a bureau charged with the functions of receiving assets declarations by public officers, examining the assets declarations to ensure compliance with the requirements of the Act, taking and retaining custody of such assets declarations, receiving complaints about non-compliance with or breach of the Act and if necessary, refer such complaint to the Code of Conduct Tribunal established by section 20 of the Act.

In addition, the Act contains a code of conduct for serving and retired public officers. Section 10 prohibits a public officer from asking for or accepting any property or benefit of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties. Section 7 prohibits some public officers from maintaining or operating a foreign bank account. The Code of Conduct Tribunal is empowered to impose punishment which may include vacation of office, whether elective or nominated office as the case may be; disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and seizure and forfeiture to the state of any property acquired in abuse or corruption of office. Although the Code of Conduct and Tribunal Act was enacted in 1989, section 153(1) of 1999 Constitution also established the Code of Conduct Bureau as one of the federal executive bodies.

(g) The Public Procurement Act

The Public Procurement Act No. 14 of 2007 (The Act) is another legislation aimed at guarding against corruption in Nigeria. The Act covers all aspects involved in public sector procurement including the procurement of works, goods and services. The Act established the National Council on Public Procurement (The Council) and the Bureau of Public Procurement (The Bureau) as the regulatory authorities responsible for the monitoring and oversight of public procurement, setting standards, harmonizing existing government policies and practices and developing legal framework and capacity for public procurement in Nigeria. The Act thus ensures that procurement is organized and laid down methods and policies strictly followed. Section 53(1) of the Act empowers the Bureau to review and recommend for investigation any matter related to the conduct of procurement process by any Ministry or agency of government, if it considers such investigation desirable so as to detect or prevent the violation of any of the provisions of the Act.

(h) Fiscal Responsibility Act, 2007
In the Explanatory Memorandum to the Act, it is stated clearly that the Act, among other things, establishes the Fiscal Responsibility Commission charged with the responsibility of monitoring and enforcing the provisions of the Act to ensure greater accountability, transparency and prudence in the management of the nation’s resources by the Federal Government, Government-owned corporations or companies and agencies. This is aimed at fighting corruption.

8. International Law And Practices On Corruption
It is important to note few instruments and institutions relevant to the control of corruption globally. I will be very brief for the sake of time and space.

(a) United Nations Convention against Corruption
The United Nations Convention against Corruption (UNCAC) was adopted by the General Assembly on the 31 October 2003 and entered into force on 14 December 2005. It is the first global legally binding instrument in that field which covers public and private, domestic and international corruption. The convention basically rests on four pillars: corruption prevention, law enforcement, international cooperation and asset recovery.

(b) Anti-Corruption Guidance for Bar Associations
The purpose of this document is to encourage bar associations to look at the issue of corruption from two perspectives: (a) to educate lawyers about the risks and threats of corruption in their capacity as legal professionals. This has three elements: i. helping to familiarise legal professionals with international anti-corruption instruments and national anti-corruption legislation, particularly legislation with extra-territorial application; ii. providing information about the circumstances in which lawyers may be at risk from corruption; and iii. providing information about how legal professionals can avoid corruption and the appearance of corruption. (b) providing a positive representation of the legal profession and the bar association as a champion of anti-corruption before local and international forums.

(c) The United Nations Global Compact and its 10th Principle on Corruption
On 24 June 2004, at the UN Global Compact Leaders Summit, the addition of a 10th Principle against corruption was announced. The tenth principle against corruption commits UN Global Compact participants not only to avoid bribery, extortion and other forms of corruption, but also to proactively develop policies and concrete programmes to address corruption internally and within their supply chains. Companies are also challenged to work collectively and join civil society, the United Nations and governments to realise a more transparent global economy.

(d) Anti-Corruption Strategy for the Legal Profession
The International Bar Association (IBA), with support from the Organisation for Economic Co-operation and Development (OECD) and the United Nations Office on Drugs and Crime (UNODC), launched the ‘Anti-Corruption Strategy for the Legal Profession’ project. This global initiative has the objective of raising awareness among legal professionals about existing international anti-corruption instruments and to equip lawyers with the necessary tools and knowledge to identify, address and resolve potential threats to the integrity of the legal profession caused by corruption.

9. Expectations From Lawyers In The Anti-Corruption Fight
These are some basic qualities required of a legal practitioner in his avowed role in the fight
against corruption to wit:

(a) Integrity

Indeed, ethics, ethos are pillars of the Bar. Members of the bar are considered men of integrity and must be ready to abide by the ethical conduct. The greatest asset of any lawyer is his integrity. The loss of integrity by a member of the bar due to corruption is fatal to the profession and nation at large. The Court had cause to disparage the attitude of a counsel for lack of integrity, the court per Olatawura J (as he then was), in the case of State v President Ijesha Divisional Grade A Customary Court; Re: Isaac Oluwaleyimu, stated thus:
“…He has sacrificed principle for perusal gains. He is an officer of the court and his first duty is to the court. Contrary to expectation, he has marred the good names of some officers of the court. Any officer of court who pollutes the foundation of justice is not fit to be an officer of the court…”

(b) Courage

The course of justice, especially in the prosecution of corruption related cases, calls for courageous and fearless men and women who are ready to stand up and fight for their conviction. The legal profession requires men and women who are courageous and will not compromise standard at the slightest opportunity. Sometimes it may appear difficult for law officers, where the interest of politicians stands against the law. Notwithstanding, they must be courageous enough to expose corruption by politicians on becoming aware of such, and discourage its continuance by not being intimidated but by standing firm in a professional manner as their convictions. By virtue of Rule 14(1) of the Rules of Professional Conduct for Legal Practitioners, a legal practitioner should not only courageously prosecute his client’s case, but should vigorously present all proper arguments against any decision and should not be deterred by any fear of judicial displeasure or even punishment.

Law officers should not be seen as zombies that respond positively to every policy of government. Failure to advise against certain government policies, yields to corruption which offends the rule of law. The guiding principle should be “Fiat Justice Et Ruat Coelum”, meaning “justice must be done though the heavens fall.” Therefore, a bold member of the bar is not only an asset to the government but to the court and the nation at large and indispensable in the fight against corruption. The admonition here is that a legal practitioner should always be bold to stand for that which he perceives as right.

(c) Professionalism

Professionalism is the brand of the legal profession. A lawyer is a professional to the core. The legal profession is arguably the most articulate of all professions in Nigeria. The profession is privileged to occupy prominent position in the governance of the country, with its institution, the judiciary, regarded as one of the three major departments of the Constitution.

Members of the profession must therefore be conscious of the enormous responsibility placed on them in the society both in their individual capacity as representatives of contesting parties and corporately to the society at large. Members of the bar must conduct their cases with the highest level of professionalism, etiquette and with the highest level of decorum and discipline. Doing so will not only depict them in a good and admirable light but will also serve as a compass that will guide them in gauging the cases they have been asked to prosecute or defend. Those tasked with the prosecution of corrupt related cases should avoid the filing of spurious charges against accused persons in court. The nasty practice where the state files 300 charges without substance in a case in court in a bid to secure a conviction at all cost is totally condemnable and unprofessional, a practice which does not assist in the fight against corruption. It is more decent to file 1, 2 or 3 charges and secure a conviction rather than 300 charges without substance, resulting in acquittal and discharge.

10. Challenges

The legal profession is generally faced with myriads of challenges ranging from, poor remuneration to poor work environment. It is often said that the salary of a law officer is only as good a remuneration as when he was a junior at the Bar to the extent that when he grows at the Bar, his remuneration translates to mere trifle in comparison with the earnings of his call mates in private legal practice or the in-house counsel of private companies. Yet it is the same law officers that are required to vigorously defend the cause of the state and be at the vanguard of the fight against corruption and the rule of law campaign.

Another potent and critical challenge is that the younger lawyers are often abandoned to fend for themselves as they strive to earn their daily bread and grow in the profession. There are no provisions or policies in place to fend for these younger generations and put them on course, as a result they tend to indulge in all manner of practices, including corrupt ones, all in a bid to survive and also grow in the profession. This poses a serious challenge for the profession.

A critical appraisal of the conditions in government Ministries, Agencies and Parastatals where our law officers work leaves so much to be desired. Most of the offices are either without computers or have dysfunctional or obsolete machines. In some offices, there are no libraries and the ones that have libraries have outmoded books, law reports and law journals. A law officer working under these harsh conditions cannot, in all sincerity, be expected to gallantly fight corruption when his immediate environment in itself is pervaded by corruption. Such a law officer can be easily corrupted and compromised to alter the course of justice with mouthwatering offers of cash or other gift items. All these pose serious challenges both to the profession and the nation at large.

11. Presidential Executive Order No. 6 Of 2018
In an auspicious occasion like this, one can comment on topical legal issues whether of national or international importance. Indeed who is more competent to comment on such issues than a legal practitioner? I will, therefore, like to share my thoughts on the Presidential Executive Order 6 (PEO6). It may be recalled that President Muhammadu Buhari had on July 5, 2018, issued the Presidential Executive Order. The Order made pursuant to the provisions of sections 5 and 15 (5) of the 1999 Constitution, seeks to, among other things; protect the resources of Nigeria from all forms of corruption and abolish all corrupt practices and abuse of power. This Order may be well intentioned by the present administration and I commend the President for that. However, speaking as a lawyer, a critical scrutiny of the Order reveals that there are serious issues for consideration.

However, certain fundamental concerns have been raised by the public regarding the Order which is apposite to mention at this point. These concerns include but are not limited to the following:
a) The timing of the Order seems to be one of the major concerns. The questions people have been asking are why is such an Order coming now that the 2019 general election is approaching? Why did such Order not come up in at least the first two years of the current administration? Conversely, why should the Order not wait until after the 2019 general elections?

b) The PEO 6 provides thus “without prejudice to any laws or existing suits” to “protect from dissipation” the “assets of any Nigeria citizens within the territory of the Federal Republic of Nigeria… known to be a current or former government official” or a politically exposed person, who is or has been “complicit in or has… engaged in corrupt practices.” Some of the concerns border on whether these are not questions that should rather be in the province of the judiciary; and this notwithstanding the fact that the Order is expressed to be without prejudice to ongoing proceedings.

c) There is also some concern regarding what appears to be a selective implementation of the said Order. Critics have wondered aloud why the Order is not being extended to certain persons some under investigation and some with pending cases and whether this is so because they are either members or allies of the ruling party or serving in government. It is noteworthy however that the Government has denied any political bias and justified the Order as necessary in order to expedite trials of individuals that have lingered for more than 10 years.

d) The advent of Executive Orders also raises the constitutional issue of whether or not the Order is a law, and whether the Executive has powers to make laws. To what extent if ever can such Orders modify existing law and does the exercise of it necessarily involve an infringement on the constitutional powers of the legislature.

It must be noted that even in US where the Executive may have borrowed such idea from, such powers to issue Executive Order is clearly provided for in the Constitution and despite such provision, it is being challenged at the moment. In the United States, an executive order is a directive issued by the President of the United States that manages operations of the federal government and such order has the force of law. The legal or constitutional basis for executive orders has multiple sources. Article Two of the Constitution of the United States gives the President broad executive and enforcement authority to use his discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on express or implied Acts of Congress that delegate to the President some degree of discretionary power.

I am not unaware of the October 11, 2018 judgment of the Federal High Court, presided over by Hon. Justice Ijeoma Ojukwu, in suit FHC/ABJ/CS/740/2018, which in effect held the President, has power to issue an Executive Order, and the subsequent appeal to the Court of Appeal sitting in Abuja. As a result, I have avoided going into details or the merits of the Order. There is no doubt that clear judicial pronouncements on the matter by the courts will clarify some of these concerns and also give the persons directly listed in Schedule 1 of the Order, an opportunity to ventilate their grievance as they have better locus standi to so do than others.

12. Recommendations

Having gone through the hurdle of highlighting some of the challenges bedeviling the profession and the nation, permit me to briefly make some recommendations. In order to succeed in our role as the watchdog of democracy, custodians of the rule of law and major players in the anti-corruption fight the following are my recommendations:

(a) The fight against corruption will not be won until the rule of law works, i.e. the laws (including the anti-corruption laws) are enforced equally against everyone. The rule of law creates a disincentive for the corrupt or crooked people to do what they want. The most fundamental requirement is for us to have credible lawyers (including lawmakers and law enforcers) to take the lead. The rule of law cannot thrive without credible lawyers who have strong sense of justice. The absence of credible lawyers to carry out the tenets of the rule of law presents a further disincentive to corruption eradication.

(b) A clean legal system is imperative to stop corruption. The clean legal system envisages the eradication of corruption within the legal profession however minute. The media and academia can and should equally play a key role in creating a culture of revulsion against corruption in our society. Today, there are too many “corrupt lawyers” and celebrity lawyers, who in appropriately receive too much publicity. At the same time, there has been very low coverage of humble lawyers with excellent sense of professionalism. The media must, therefore, give adequate spotlight to people who have been consistent in obeying the rule of law and committed to implementing zero tolerance against corruption.

(c) We must take an active step in self-cleansing. We as lawyers should shun the attitude of playing ostrich for self-preservation. The NBA must be at the forefront of the current effort to cure the justice sector of the evil of corruption and in this there should be no sacred cows. We must glean from the lives of great personalities, who were lawyers and who have played prominent leadership role to the admiration of the world. Let us look at our Mandela, let’s look at Ghandi, let’s look at Obama, as lawyers they altered the course of history. We all have similar traits in us. Lawyers are trained to be change agents, and we the Nigerian lawyers should not be any different.

(d) Corruption can be successfully fought when all the players and stakeholders in the legal system (including judges, prosecutions, police and advocates) share the same commitment. In addition, the society as a whole should commit itself to fighting corruption.

13. Concluding Remarks

The Bar holds the ace, not the axe in fighting corruption. This is an alternative rephrase of our topic first discussed. A Legal Practitioner is unquestionably a special specie of a professional. The law and the society vest in him much respect. He is the only professional whose profession constitutionally guarantees him a seat in the Council of Ministers. To whom much is given, much is expected and uneasy lies the head that wears the crown.

The main object of this lecture is to highlight the expected role of the members of the Bar, the legal practitioners. I must also admit at this point that the present perception of lawyers in relation to the fight against corruption is far from favourable, as such we must do everything within our means to ensure that this negative perception is erased, by so doing we can leave a befitting legacy for future generations.

I would like to appeal to us as members of the Bar, to always put on the helmet of the rule of law, the breastplate of the rules of professional conduct, the sword of doggedness and courage, and the shield of integrity and honesty by which we can quench the fiery dart of corruption.

Once again, I thank the management of NIALS for giving me this wonderful opportunity to share my thoughts on this extra ordinary topic.

God bless you all for your attention.

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N300M DEBTS: NBA Verges on ‘Bankruptcy’

* Ojukwu Writes NBA, Demands Full Disclosure

The Nigerian Bar Association (NBA) may have become technically insolvent following a huge debt overhang that has hobbled the activities of the lawyers’ body. This is coming on the heels of the association’s inability to promptly pay staff salaries as well as meet other obligations as they fall due. Continue Reading

INDEPENDENCE: NBA WARNS AGAINST ANARCHY

The Nigerian Bar Association (NBA) has warned the political class not to plunge the country into chaos, especially as the 2019 General Election approaches. Continue Reading

NBA Blasts INEC On Controversial Osun Election

The Nigerian Bar Association (NBA) has criticised the Independent National Electoral Commission (INEC) for the controversial Osun State Governorship Election. Continue Reading

Pa Tunji Gomez Goes Home Today

Legendary Pa Fortunatus Olatunji Gomez will be laid to rest today at the Ikoyi Cemetery Annex after a funeral service at the Cathedral Church of Christ, Marina. The service will hold at 11 am.

Reception of guests is scheduled for 3 pm at City Hall, Lagos.

A Service of Songs was held last Wednesday for the deceased at the Cathedral Church of Christ, Marina while a Wake Keep was held yesterday at Kings College, his beloved alma mater.

Pa Gomez, as he is fondly called, died on July 17, 2018 after a brief illness. A veteran and consummate Bar-man, Pa Gomez was a regular feature at Nigerian Bar Association (NBA) Lagos Branch meetings even in the twilight of his life.

Announcing his demise, Nigerian Bar Association (NBA) Lagos Branch Chairman, Mr. Chukwuka Ikwuazom said in a statement:“It is with a heavy heart that I announce the passing of Pa Tunji Gomez. Pa Gomez was until his death yesterday night, the oldest practicing lawyer in Nigeria and a deeply loved member of the Premier Bar. “The Branch had, in recognition of his excellent service and uncommon devotion to the Branch, celebrated his 90th birthday in style a few months ago.

“Our deepest condolences go to his immediate family. We will greatly miss Pa Gomez and pray that his soul will rest in perfect peace.”

Popularly known by his sobriquet, “It’s a matter of conscience,” Pa Gomez was Nigeria’s oldest practising lawyer prior to his demise. He was considered as the Conscience of the Bar, always pointing the association towards a path of moral rectitude. He was also passionate about the plight especially of young lawyers.

He was born in 1928 and enrolled into King’s College, Lagos in 1944. His activism manifested early in his eventful life, as he is reputed to have led the 1948 strike at the College which significantly turned around the fortunes of the students.

Pa Gomez was part of the legal team that defended late Chief Obafemi Awolowo during his celebrated treason trial in 1962. He is also reputed as the first lawyer to sue the Military Government in Nigeria in the celebrated case of Madam Shapara vs. Lagos State Government.

An avid yoga practitioner, Pa Gomez is a longstanding advocate for the welfare especially of young lawyers. He is the author of two books, including “Guide to Happy Marriage.” He was married with children.

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UPDATED: AGC to Gulp N750 Million

The 2018 Nigerian Bar Association (NBA) Annual General Conference (AGC) will cost the association a whopping N750 Million, CITY LAWYER can authoritatively report. Continue Reading

NASS SIEGE: Ojukwu Tasks NBA on Democracy

  • Frontline presidential candidate in the forthcoming Nigerian Bar Association (NBA) Elections, Prof. Ernest Ojukwu SAN has urged NBA leadership to play a more active role in securing Nigeria’s fragile democracy. Continue Reading

NASS Siege Grave Threat to Democracy – NBA

The Nigerian Bar Association (NBA) has described today’s siege on the premises of the National Assembly as “grave threat to our democracy.” Continue Reading

LAWYERS’ BANK: Committee Submits Report

The Adhoc Committee on the Acquisition of Lawyers Microfinance Bank chaired by Mr. Femi Olubanwo, a Founding Partner at Banwo & Ighodalo, yesterday submitted its report to NBA President, Mr. Abubakar Mahmoud SAN.

Present at the occasion were the three presidential candidates in the forthcoming NBA National Officers Elections now slated to hold on August 19 and 20, 2018. The event took place on the sidelines of the press conference on the elections. Continue Reading

Resignation Scam Designed to Scuttle Election – NBA

• ‘Our Letterhead was Cloned’
• ‘We Will Investigate this Forgery’

The Nigerian Bar Association (NBA) has said that the purported resignation of the Electoral Committee of the NBA (ECNBA) Chairman, Prof. Auwalu Yadudu SAN was designed to scuttle ongoing efforts to conduct the troubled NBA National Officers Elections.

In a statement by NBA General Secretary, Mr. Isiaka Olagunju, the association debunked the alleged resignation, noting that both its letterhead and Yadudu’s signature were cloned. The NBA vowed that the forgery would be investigated.

Yadudu had yesterday told CITY LAWYER that he had not resigned, descriing the alleged resignation letter as “fake.” In a text message he later sent to CITY LAWYER, the embattled electoral committee chairman also hinted that the police would be invited to look into the matter with a view to bringing the culprits to justice. His words: “I am afraid we would make it a police case.”

The legal community was agog yesterday when news filtered in that the Law teacher had ‘stepped aside’ from the post, thereby pouring fuel into the preparations for the biennial elections.

Below is the full text of the statement:

PRESS RELEASE: PROFESSOR AUWALU YADUDU REMAINS THE CHAIRMAN OF THE ECNBA
The attention of the Nigerian Bar Association has been drawn to an online media report by the ‘The Nigeria Lawyer’ on 6th August, 2018, that the Chairman of the Electoral Committee of the NBA (ECNBA) Professor Auwalu
Yadudu has resigned.

It is quite unfortunate that the report was not only built on falsehood but constitute an act of forgery. The official letterhead of the NBA and the Signature of the Chairman of the ECNBA were forged in that publication. The
entire content of the publication is false.

The NBA will ensure that this publication that is perpetrated to disrupt the ongoing electoral process to the extent of forging the NBA official letterhead and signature of the Chairman of ECNBA are investigated.

We therefore wish to state that Professor Auwalu Yadudu and the members of the ECNBA are committed towards ensuring a credible, free and fair election.

We further implore all members of the Association to desist from publishing contents and/or taking steps that will disrupt the electoral process but rather cooperate with the ECNBA in ensuring a credible, free and fair election.

Thank you

Aare Isiaka Abiola Olagunju
General Secretary
Dated 6th August, 2018

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INSURGENCY: NBA to Launch Support Fund for Lawyers

The Nigerian Bar Association is set to launch a fund to support members affected by violence in the North East.

Below is an NBA statement on the matter:

INVITATION TO THE LAUNCH OF NIGERIAN BAR ASSOCIATION SUPPORT FUND FOR LAWYERS AFFECTED BY INSURGENCY IN THE NORTH EAST NIGERIA

The NBA will be launching a Support Fund for our colleagues who were affected by insurgency in the North East.

The Launch is slated to hold by 10:00am on Friday 10th August 2018 at the Auditorium of NBA National Secretariat, Plot 1101, Cadastral Zone AOO, Central Business District Abuja. H.E. Rt. Hon. Aminu Waziri Tambuwal, CFR the Executive Governor of Sokoto State will Chair the occasion. Other notable dignitaries will also be in attendance.

Kindly confirm your participation via email to : folake.peters@nigerianbar.org.ng

We urge you to support this worthy cause.

For enquiries, please contact Folake on 08035568537.

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NBA Storms Port Harcourt for Parley

The Nigerian Bar Association (NBA) is set to hold a “Town Hall Meeting” in Port Harcourt to forge a roadmap for peace and development in the Niger Delta zone.

Below is a statement on the meeting:

INVITATION TO THE NIGERIAN BAR ASSOCIATION ONE-DAY TOWN HALL MEETING ON THE NIGER-DELTA

Dear Sir/Madam,

The Nigerian Bar Association invites you to a 1-day Town Hall Meeting with Stakeholders in the Niger-Delta, with the theme: ‘Improving on Peace, Security and Sustainable Development in the Niger-Delta Region- the Imperatives’.
It shall be a convergence of key stakeholders in the Niger-Delta region including representatives of the local, state and federal governments; ministries, departments and agencies; security and law enforcement agencies; corporate, non-governmental and civil society organisations. The Town Hall shall deliberate on the issues affecting the region and proffer solutions which would be of immense benefit to the Niger-Delta.

The Town Hall Meeting is scheduled to hold on Wednesday 8 August 2018 at the NBA Port Harcourt Branch, No 1 Bank Road, Old GRA, Port Harcourt, Rivers State.

For further enquiries, please contact Okechukwu Uzoechi on 08064919615 and uzoechi.okechukwu@nigerianbar.org.ng

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‘You Have Not Been Fair to Us,’ Olanipekun Tells Mahmoud

Early signs that the forthcoming Annual General Meeting (AGM) of the Nigerian Bar Association (NBA) will be explosive emerged yesterday as former NBA President, Chief Wole Olanipekun warned the Mr. Abubakar Mahmoud SAN-led NBA to shelve any plan to amend the association’s controversial constitution.

In a letter dripping with angst and discomfiture, the go-to lawyer expressed disappointment at the situation, adding that the NBA President had “not been fair” to the past NBA presidents and secretaries who admonished him to shelve the constitutional amendment project.

Below is the full text of the statement:

2nd August, 2018

Mr. A. B. Mahmoud, SAN
The President,
Nigerian Bar Association,
NBA House,
Plot 1101, Muhammadu Buhari Way,
Central Business District,
F.C.T. Abuja.

Dear Mr. President,

RE: AMENDMENT TO THE NBA CONSTITUTION
First and foremost, may I extend my professional and brotherly courtesies to you as our/my President.
You would recall that at the last meeting of past Presidents and Secretaries of the Nigerian Bar Association (NBA) called at your instance at Fraser Suites, Abuja on Friday, 20th July, 2018, you brought up, amongst others, your proposed amendments to the NBA constitution and apprised us of the far-reaching amendments being proposed by you on the eve of your departure, as the President of the foremost professional association in Nigeria. After a very extensive discussion on your proposals, and considering the depth and implications of such amendments, the meeting advised that you should shelve and/or put the proposals on hold, and allow your successor-in-office do further consultations on them, both at the National Executive Committee (NEC) and general levels and platforms, in order to adequately weigh the pros and cons of the proposed amendments before passing same. It was on this note that the meeting closed, and you did not disagree with the wise counsel.

Surprisingly, a notice or plan/intention to amend our constitution, as proposed and tabled by you at the meeting has now been sent out, and I must confess, I am in receipt of same, to the effect that the proposed amendments will be presented at the Annual General Meeting (AGM) of the NBA. I am taken aback by this development, and I kept on wondering why you ever brought up the topic at our meeting of Friday, 20th July,2018, if you knew you would not respect our opinion. Mr. President, you have not been fair to us, to put it mildly. As a person, I protest this attitude and action of yours. Needless reminding you, Mr President that the same meeting resolved a lot of burning issues to your advantage and satisfaction.

As agreed at the said meeting Mr. President, may I again advise and counsel that you put on hold the proposed constitutional amendments. No one possesses the monopoly of wisdom, and it is only courteous that you also respect the objections raised to some of your amendments at the meeting, despite the fact that some of us saw the proposals for the first time just at the meeting. No leader, however brilliant, industrious, good-intentioned or pragmatic can ever resolve all the problems of his association, society or country in his life time or within his tenure. You cannot be an exemption. Please let us learn from history; and be reminded that amendments to the NBA constitution should no longer be randomly done. I dare say that the proposed amendments, in some material particulars, will turn out to be an ill-wind, which will bring or blow in no fresh breath. You are advised not to force the amendments on our beloved Association at the AGM, which, with much respect, might be constituted in such a way that the attendees would not readily understand or appreciate the unending conundrum we will be plunged into if the amendments sail through. And in case you insist on going ahead to present the amendments at the AGM, can you be gracious enough, as a lawyer and leader, to circulate this letter of mine to the AGM.

Allow me to copy this letter to the past Presidents and Secretaries of the NBA.
Once again, Mr. President, accept my high regards.

I remain,

Your colleague and predecessor-in-office,

Chief Wole Olanipekun, OFR, SAN, LL.D, FCIArb., FNIALS.

CC:
Chief Richard Akinjide, CON, SAN
Chief (Mrs) Priscilla Kuye
Chief T.J.O. Okpoko, OON, SAN
C.J. Okocha, SAN
Chief Bayo Ojo, CON, SAN
Prince Lanke Odogiyan
Olisa Agbakoba, SAN
Chief Oluwarotimi Akeredolu, SAN
Joseph Bodunrin Daudu, SAN
Okechukwu Wali, SAN
Augustine Alegeh, SAN
Dele Adesina, SAN
Chief Isiaka Olagunju, Esq

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NBA Is Corrupt, Ineffective – Ikorodu Branch Chair

Newly elected Chairman of the Nigerian Bar Association (NBA), Ikorodu Branch, Mr. Bayo Akinlade has accused the association of being “corrupt, rotten and ineffective.”

In a statement released today, Akinlade, who also doubles as the Convener of Fight Against Corruption in the Judiciary (FIACIJ) also reviewed the ongoing NBA voter verification exercise and scored it low.

Below is the full text of the statement:

NBA National Election: A Colossal Waste of Time, Energy and Resources

It is embarrassing to think that lawyers will wake up in the wee hours of the morning to undertake a seemingly effortlessly task of verifying ones details. It is further embarrassing when we spend a lot of time trying to verify only to be given multi error messages.

How ridiculous is it for a chairman of a branch to receive a message that his name could not be found or no records match his SCN?

The national NBA is nothing short of a complete disappointment. We had ample time to perfect this universal suffrage idea. With all the money we spend travelling and organizing conferences we could not invest in simple data gathering and IT support mechanisms.

What infuriates me the most is when I read somewhere that it is the fault of the branches because they didn’t accurately compile list of eligible voters.

This brings me to a possible solution to this electronic voting scam election scheme. Since the national relies heavily on a list that comes from branches let us device a means where each branch becomes a polling station and each vote is cast at the branch level with each candidate having his supporter ensure it is not rigged [to say the least, it is even embarrassing to think that such an election which is for service should be rigged but the fact remains NBA IS CORRUPT, ROTTEN AND COMPLETELY INEFFECTIVE].

While there still exist a pending suit against the elections in 2016 it is very likely that there will be another suit if this elections should proceed without everyone who are eligible to vote being given a fair opportunity to cast their votes without being frustrated by the electronic system.

After all the time and efforts and money spent by candidates and their supporters, it would be sad if we don’t get this right.

BAYO Akinlade Esq.

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VERIFICATION: Odinkalu Blasts NBA, Electoral C’te

Former National Human Rights Commission Chairman, Professor Chidi Odinkalu has lampooned the Nigerian Bar Association (NBA) and its electoral committee for the hiccups that have attended the verification exercise for this year’s National Officers election.

Below is the full statement as sent to CITY LAWYER:

Good morning colleagues,

I have lost count of the number of people who have tried to encourage me to persevere with the verification process for these NBA elections. They are mostly people whom I respect. So I have paid them heed.

As much as I have tried, I have been unsuccessful so far and this is day 3 of trying. I can’t even begin to compute the amount of time it has cost me. Nor the hours in time I should have been asleep.

With so many of us stuck in this, I want to ask honestly why are we as a bunch of professionals so tolerant of clear incompetence? What happened to our capacities – collective and individual – for indignation?

Surely NBA’s election is not an accident. We know when it is supposed to happen. Every tenure in the NBA has 2 years notice to prepare for it. Yet here we are, out of time, with an election platform that is clearly untested, flawed in design, unknown to the electorate, not understood by the ECNBA and absolutely unfit for purpose.

As voters, we should be angry. As professionals we should be ashamed. This exercise has turned into cruel and unusual punishment of the kind that is clearly prohibited by our national constitution. No election should justify or involve this amount of pointless loss in transaction cost.

The result is that much of the electorate will be disenfranchised. Any mandate that emerges from this would have questions in legitimacy. The assurances of the ECNBA about electoral creibility are hollow, empty and utterly devoid of credulity.

I would like the NBA to have a leadership transition. I am not sure it should be purchased at the steep cost to institution credibility that we seem willing to sleep-walk into. Something has to change and fast too. We don’t have time…

I am Chidi Anselm Odinkalu

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CHAMSGATE: Mahmoud Speaks, Reassures Lawyers

The Nigerian Bar Association (NBA) has stated that the 2018 NBA National Officers election will be shifted by a few days. Also, CHAMS Plc will provide the e-voting platform while other ICT firms will conduct the pre-election and post-election verification and audit respectively. Continue Reading

CHAMSGATE: What NBA Can Learn from ICAN

By Our Correspondent

The Nigerian Bar Association is set to hold its National Officers election on July 27 and 28, 2018. Controversies have however trailed preparations for the election, not least being the functionality and fidelity of the electronic voting system slated for the election. Continue Reading

CHAMS Bids for E-voting 31 Days Before ECNBA Inauguration

The scandal rocking the forthcoming Nigerian Bar Association (NBA) National Officers Election has taken another dimension as facts have emerged that CHAMS Plc submitted its bid to provide electronic voting services for the elections at least 31 days before the inauguration of the Electoral Committee of the NBA (ECNBA). Continue Reading