NOTICE – CITY LAWYER MAGAZINE

EMEKA NWADIOKE
Sep 29, 2022
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AGC RIOT PROBE: C’TE CALLS FOR MEMORANDA

PRESS RELEASE

CALL FOR USEFUL INFORMATION

Dear Distinguished Colleagues,

This is to inform you that the NBA Conference Incident Investigation Committee (NBA-CIIC) has commenced an investigation into the incident of 23rd August, 2022, during the distribution of conference materials at the just concluded Annual General Conference.

We are calling on members of the NBA and the general public with useful information that may aid in the investigation to contact the NBA-CIIC through: 08087905717; 08033452825; and ciic@nigerianbar.org.ng.

Thank you.

Fasakin Oyindamola C.
Secretary CIIC

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

EMEKA NWADIOKE
Sep 06, 2022
878
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LAWYER SEEKS RETRACTION OF REPORT ON US-BASED NIGERIAN

A Lagos-based lawyer, Mr. Kelvin Olu has demanded a retraction of an online post against his client, Mr. Toyosi Stephen Akure, a United States based Nigerian entrepreneur.

In a Pre-Action Notice to one M/s Adeola Abiodun Adebayo titled “NOTICE OF DEFAMATION ON THE PERSON OF MR TOYOSI STEPHEN AKURE AND DEMAND FOR RETRACTION NOTICE THROUGH PUBLIC NOTIFICATION,” the Solicitor alleged that Ms. Adebayo “maliciously misrepresented our Client in the public glare, by deliberating infusing false, dishonest and untrue assertions against him into the minds of right thinking members of the society.

“Consequent on the above, we contend frankly that our Client has been destabilised emotionally and traumatized. The defamation, publication has done more harm than good to his person, business and family at large.

“We therefore request that you within Seven (7) days of this notice to make a swift retraction of your post and tender an unreserved apology on your aforementioned Snap chat account and two (2) national dailies. Failure to comply with our Client’s demands would have us with no option than to take further legal measures against you to enable you do the needful.”

Below is the full text of the Pre-Action Notice.

5th September, 2022

M/S Adeola Abiodun Adebayo,
Victoria Bay Extension 1,
Gate 1, Apartment G13,
Orchid Road, Lekki, Lagos.

Dear Madam,

NOTICE OF DEFAMATION ON THE PERSON OF MR TOYOSI STEPHEN AKURE AND DEMAND FOR RETRACTION NOTICE THROUGH PUBLIC NOTIFICATION

We act as Solicitors to Mr Toyosi Akure (herein referred to as our Client) and it is on his firm instruction that we write you this letter.

Our Client informed us on the 5th day of September, 2022 that you published a blog post opinion, piece through your personal Snap chat account with the name “Kiki” which you control and handle in person. Your publication on the blog which has several pictures, telephone contacts and several other personal details of our Client was extended to other platforms wherein you mentioned and brought the attention of our Client and the public at large thereto.

The post you published has also been shared on various websites both on national and international domain. It is on record that the platform whereupon you published this libellous write ups has an expansive audience and followership across the world.

In your publication, you accused our Client amongst several other descriptions that you made of him to being a fraudster, a dirty person, a gigolo, a man of low esteem without dignity or reputation, chronic debtor, a man with no life, a pauper who lacks character training on all sides of life.

You never stopped at that but went as far as misleading the public that our Client who is based and resident in the USA is jobless and endangered specie who should be avoided by all and sundry.

Having falsely represented yourself to have been defrauded by our Client, you also went further to refer to our Clients’ family, parent, child, close associates, friends, well-wishers and other random members of the society / public.

The trend which you created in the online public domain bearing the pictures, contact and other personal details of our Client repeatedly represented / presented him to the public as a fraudster, a man with no value, a gigolo and one with an outright moral decadence. The intention of your post could be deduced from its face value.

The post that you published is defamatory and not in any way true. In effect, you have maliciously misrepresented our Client in the public glare, by deliberately infusing false, dishonest and untrue assertions against him into the minds of right thinking members of the society in an attempt to ridicule / shame and make the general public to hate and scorn our Client.

The message that was directed to the entire public sends a wrong signal to the world at large. We also wish to inform you that the resuscitating solemnization of our Client is at the verge of termination due to the statement directed to our Client.

It is pitiful that individuals as yourself abused the constitutional freedom of speech and expression. Hence, expressions that do not have basis or justification will not be condoned and tolerated whatsoever.

In effect, you have maliciously misrepresented our Client in the public glare, by deliberating infusing false, dishonest and untrue assertions against him into the minds of right thinking members of the society.

Consequent on the above, we contend frankly that our Client has been destabilised emotionally and traumatized. The defamation, publication has done more harm than good to his person, business and family at large.

We therefore request that you within Seven (7) days of this notice to make a swift retraction of your post and tender an unreserved apology on your aforementioned Snap chat account and two (2) national dailies. Failure to comply with our Client’s demands would have us with no option than to take further legal measures against you to enable you do the needful.

Please be advised accordingly.

Yours Faithfully,

FOR: ELLALOV SOLICITORS

KELVIN A. OLU, ESQ.

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EMEKA NWADIOKE
Aug 30, 2022
1.62k
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NBA-TCCP CHAIR, TOBENNA EROJIKWE LOSES DAD

The father of Mr. Tobenna Erojikwe, Chairman of the Technical Committee on Conference Planning (TCCP) for the recently concluded Annual General Conference (AGC) and Nigerian Bar Association (NBA) ICLE Board, is dead.

Announcing the passing of Pa Erojikwe through a notice to branch members, the Chairman of NBA Lagos Branch, Mr. Ikechukwu Uwanna wrote:

Dear Distinguished Colleagues,

As a member of the TCCP and Chairman of the LOC, I worked very closely with the TCCP Chairman and found the experience very inspiring.

About 4 weeks ago, during the thick of the planning of the Conference, I was with the Chairman of the TCCP (Mr. Tobenna Erojikwe) when he received the news of a very personal loss, the demise of his father. I saw the grief and loss of composure but then saw him bounce back, continue with activities and maintained his focus throughout the Conference.

On behalf of the NBA Lagos Branch, I commiserate with Mr Tobenna Erojikwe, his dear Mum and the rest of their family on the loss of their Patriarch.

May the soul of the departed rest in peace.

Ikechukwu Uwanna
Chairman

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EMEKA NWADIOKE
Aug 18, 2022
1.64k
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FHC ADJOURNS ODUAH’S SUIT TO AUG. 23

A Federal High Court sitting in Abuja has declined to grant an interim order sought by the suspended General Secretary, Mrs. Joyce Oduah to reinstate her in her position.

Instead, the court presided over by Justice A. R. Mohammed, sitting as a vacation judge ordered the plaintiff to put the defendant/respondents on notice and adjourned the suit to 23 August, 2022 for hearing.

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

Oduah had in a lawsuit sought to restrain the newly appointed NBA Ag. General Secretary, Ms. Uche Nwadialo from performing the duties of the General Secretary. She also sought an order to restrain the NBA from acting or relying on the Resolution reached by the National Executive Committee as well as an order directing the Inspector General of Police to assist her in the discharge of her duties as General Secretary.

CITY LAWYER recalls that the National Executive Council Meeting of the association holds on Sunday. The National Officers had resolved to ask the meeting to impeach Oduah as General Secretary for sundry misconduct. Oduah denies the allegations, saying that her actions were in line with the NBA Constitution.

More details soon.

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EMEKA NWADIOKE
Jul 24, 2022
4.05k
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LPDC PROBE: OLANIPEKUN SPEAKS ON NBA’S QUIT NOTICE

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

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

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

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

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

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

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

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

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

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

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

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

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

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EMEKA NWADIOKE
Jun 30, 2022
1.05k
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WE WILL NOT EXTEND VOTER VERIFICATION – ECNBA

The Electoral Committee of the Nigerian Bar Association (ECNBA) has foreclosed reopening of the verification process for eligible voters in the forthcoming NBA Elections, CITY LAWYER can authoritatively report.

Some stakeholders including one of the leading candidates for the position of General Secretary, Mr. Desmond Yamah, had called on the committee to extend the exercise to enable some eligible voters who are having challenges to verify their data.

But an unimpeachable source told CITY LAWYER that the verification exercise has been foreclosed, adding that the committee has moved on to the next stage of the electoral process.

Said the source, “No extension. We are in another phase of (verifying) accuracy of phone numbers and emails.”

It is recalled that the committee had in its last notice urged eligible voters to verify their details on the database, saying, “As a matter of urgency and importance, we are enjoined to make out time to get verified to enable us cast our votes at the upcoming National Elections of the NBA. The deadline for the Verification is today 27/6/2022.”

The election of NBA National Officers and representatives to the General Council of he Bar is scheduled to hold on Saturday, July 16, 2022.

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EMEKA NWADIOKE
Jun 20, 2022
2.1k
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ECNBA OPENS VOTER VERIFICATION PORTAL, SETS JUNE 27 DEADLINE

The Electoral Committee of the Nigerian Bar Association (ECNBA) has set Monday, June 27, 2022 as the deadline for eligible voters to get their names on the final voters list, CITY LAWYER can report.

According to a statement by the electoral umpire, “failure to identify any error as regards the names, phone numbers, and email addresses, Supreme Court Number, or omission of names from the list by an Eligible Voter before 27 June 2022 can no longer be rectified and will remain the same.”

The full text of the notice reads:

FINAL REMINDER – FULL LIST OF MEMBERS QUALIFIED TO VOTE

The ECNBA pursuant to the provisions of the Second Schedule Part IV (9) and V (4) of the Constitution of the Nigerian Bar Association 2015 (as amended), released information pertaining to the full list of members qualified to vote on 31 May and 6 June 2022 respectively. Please see these documents at https://www.ecnba.ng or www.nigerianbar.org.ng.

This serves as a reminder to members of the Association that paid their bar practising fee (BPF) as of 31 March 2022 (Eligible Voters), to confirm the accuracy of their emails and phone numbers on the NBA website on or before Monday 27 June 2022. Please note that this verification process is important, as unique voters’ credentials will ONLY be sent to valid phone numbers and email addresses.

2. Thus, Eligible Voters are expected to verify their BPF contact information. Please follow the step-by-step process below:

➔ Visit the NBA website: https://nigerianbar.org.ng
➔ Click on the Membership tab and then scroll down to “BPF Payment Status”;
https://nigerianbar.org.ng/nba/bpfv2/check_status
➔ Type in your enrolment number (SCN), and
➔ Click on “Verify” and the one-time password (OTP) will be sent to your phone and email.
➔ Type in the “OTP” and
➔ click “Validate” and your contact information will be successfully validated.

PLEASE TAKE NOTE that the list to be published by the ECNBA after this notice shall be the Final List. Hence, failure to identify any error as regards the names, phone numbers, and email addresses, Supreme Court Number, or omission of names from the list by an Eligible Voter before 27 June 2022 can no longer be rectified and will remain the same.

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

EMEKA NWADIOKE
May 28, 2022
1.31k
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‘WHY WE DISQUALIFIED FELIX ASHIMOLE FROM NBA ELECTION’ – ECNBA

* I HAVE NOT RECEIVED ANY NOTICE FROM ECNBA – ASPIRANT

An aspirant for the position of Publicity Secretary in the forthcoming Nigerian Bar Association (NBA) Elections, Mr. Felix Ashimole has been disqualified, CITY LAWYER can authoritatively report.

The Electoral Committee of the NBA (ECNBA) however dismissed a petition by embattled Bar aspirant, Mr. Kayode Bello, saying that he “failed to provide sufficient evidence” in support of his petition.

However, there is a cloud of uncertainty on whether the aspirant actually received the notice of disqualification from the ECNBA. The aspirant vigorously denies receiving any email from the electoral committee.

CITY LAWYER investigation indicates that while the ECNBA actually dispatched an email to the aspirant, there may have been an error in the email address.

It was gathered that while the aspirant’s correct email is oyimnatumba92@yahoo.com, the Notice of Disqualification was actually sent to oyimnatumba29@yahoo.com.

A source at ECNBA headquarters vowed that the error was “an honest mistake,” adding that “There is no foul play. Our Secretary is trying her best in dispatching correspondence. A mistake can happen.”

Giving reason for disqualifying the aspirant, ECNBA had stated that Ashimole’s Nominator did not provide evidence of payment of his Branch Dues for 2021, even as CITY LAWYER gathered that the aspirant failed to provide a satisfactory answer to the irregularity at the further screening interview with the electoral committee.

It was unclear at press time whether the aspirant would appeal his disqualification.

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EMEKA NWADIOKE
Feb 12, 2022
1.26k
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Comments Off on LAWYER PETITIONS CAC TO REJECT NEW NBA CONSTITUTION

LAWYER PETITIONS CAC TO REJECT NEW NBA CONSTITUTION

Former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee, Mr. Olasupo Ojo has urged the Corporate Affairs Commission (CAC) to reject the newly amended NBA Constitution, saying it contains provisions not approved at the recent NBA Annual General Meeting (AGM) in Port Harcourt.

In an objection letter obtained by CITY LAWYER and addressed to the CAC Registrar General, Mr. Abubakar Garba, the fiery senior lawyer said that he was writing “to formally object to your Commission’s approval of the purported amendments now seeking to repeal the Extant Constitution.”

According to Ojo, “Contrary to the provisions of section 833 above, the NBA by its Notice now seeks to repeal the Extant Constitution pursuant to Sections 28 and 29 of the proposed Nigerian Bar Association Constitution 2021 while no such resolution to repeal was ever passed. Find attached herewith as Annexure 3, the Resolutions passed at the 2021 Annual General Meeting (“AGM”) of the NBA, held on the 28th day of October, 2021 at the Yakubu Gowon Stadium, Elekahia, Port Harcourt, Rivers State, which clearly shows that no resolution was made to repeal the Extant Constitution.”

In the letter titled “NOTICE OF OBJECTION TO REPEAL OF THE NIGERIAN BAR ASSOCIATION CONSTITUTION, 2015 (AS AMENDED IN 2019), Ojo argued that the NBA “duly adopted and passed the resolution to amend the Extant Constitution at the 2021 Annual General Meeting,” adding that “Contrary to the foregoing state of fact and resolutions of the AGM, it now appears that the NBA had inadvertently inserted the following into the proposed NBA Constitution 2021 which purports to now repeal the extant Constitution:

i. Insertion of Sections 28 and 29 which purports to Repeal the Extant Constitution.

ii. Insertion of a Cover which reads: Nigeria Bar Association Constitution 2021.”

The Bar Leader stated that the process for the amendment of a Constitution “is entirely different, separate and distinct from the process for enacting a brand-new Constitution. As with the instant case, since no such notice was given to repeal the extant Constitution, the 2021 Annual General Meeting of the NBA could not have had the mandate or powers to repeal the extant NBA Constitution, especially since the AGM only had a notice to amend.”

Ojo said that the 2021 NBA AGM “has never purported to have repealed the 2015 Constitution, but merely amended same.” He added that “It is also trite that for the Extant Constitution to be repealed, there must be a 60 days’ Notice to such effect.”

He stated that “the crux of my objection, in precis, is on the grounds that the AGM only had notice to amend the Extant Constitution, and duly adopted and passed resolution to so amend. The present sections 28 and 29 of the proposed NBA Constitution 2021, seeks to outrightly repeal the Extant Constitution. To duly so repeal the Extant Constitution, there should have been 60 days’ notice to such effect in accordance with Section 20(1) of the Extant Constitution. This was however, not the case. Therefore, the 2021 AGM of the NBA held on the 28th day of October, 2021 at the Yakubu Gowon Stadium, Elekahia, Port Harcourt, Rivers State could not have duly adopted and passed any resolution (which it never claims to have passed) repealing the Extant Constitution.”

He prayed the CAC to reject the amendment as proposed, adding that he is “by this letter formally objecting to repeal the Extant Constitution as contained in sections 28 and 29 of the proposed NBA Constitution 2021, as same is not a true reflection of the resolutions reached at the AGM and notice to repeal, not having been circulated as mandated by the Extant Constitution.”

He urged the CAC to “uphold this objection” by refusing to register and approve the proposed “Nigerian Bar Association Constitution 2021” for failure to reflect amendments, for which proper notice had been given, duly approved and passed by the AGM.

He also urged the Commission to request the NBA to amend the cover of the proposed NBA Constitution 2021 to read as follows: “Nigerian Bar Association 2015 Constitution (as amended in 2021),” adding that that “is a true reflection of the resolution of the AGM.”

Ojo prayed the Commission to “further mandate the NBA to delete Sections 28 and 29 therein wrongly, unlawfully and illegally inserted into the proposed Nigerian Bar Association Constitution 2021” and “to resubmit a corrected version of its Constitution reflecting amendments, for which proper notice had been given, duly approved and passed by the AGM.”

In a “Forwarding letter” to the NBA President, Mr. Olumide Akpata also dated February 4, 2021 Ojo stated that the Public Notice “is an indication of your willingness to accommodate diverse views, comments and sincere commitment to due process.”

“I greatly commend your open mindedness sir,” said Ojo, “and further to the said public notice, I now hereby forward herewith a copy of my Notice of Objection on the referenced subject to the Corporate Affairs Commission (“CAC”), as demanded in the said Public Notice.”

Intimating Akpata of the kernel of his objection letter to CAC, Ojo said that it is “premised on the likelihood of innocent mistakes from the NBA National Secretariat, in the compilation of the proposed amendments to the Extant Constitution. I say so because I am well aware that the AGM only had notice to amend the Extant Constitution, and duly adopted and passed resolution to so amend. The present sections 28 and 29 of the proposed NBA Constitution 2021, seeks to outrightly repeal the Extant Constitution. Even the cover of the proposed amendment reads: Nigerian Bar Association Constitution 2021. Which further gives the semblance that the Extant Constitution has been repealed.”

It is recalled that Ojo had also petitioned the CAC against amendment of the 2015 NBA Constitution. In a petition with Ref No. CAC/IT/MIA/No.2365 dated 14 September, 2016, Ojo had argued that the 2015 Constitution (as amended), for which the endorsement of the CAC is being sought “belatedly,” did not amend or alter the subsisting 2001 NBA Constitution approved by the CAC.

CITY LAWYER investigation shows that the amendment debacle may not be unconnected with the forthcoming NBA Election, especially as it affects provisions of the NBA Constitution on the zoning of offices. A frontline Bar Leader told CITY LAWYER that if the amendment sails through as currently proposed by the NBA, the zoning arrangement may start afresh instead of track back to the 2015 NBA Constitution (amended).

The citation for the proposed NBA Constitution reads: “This Constitution may be cited as the Nigerian Bar Association Constitution, 2021 and comes into effect this 28th day of October 2021 upon its adoption by the Annual General Meeting.”

The NBA leadership is yet to respond to Ojo’s objection at press time.

CAC_LETTER_OJO

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EMEKA NWADIOKE
Jan 01, 2022
1.93k
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Comments Off on OKUTEPA QUERIES PAYMENT OF PRACTISING FEE VIA NBA PORTAL

OKUTEPA QUERIES PAYMENT OF PRACTISING FEE VIA NBA PORTAL

Former Nigerian Bar Association (NBA) Lead Prosecutor at the Legal Practitioners Disciplinary Committee (LPDC), Mr. Jibrin Okutepa (SAN) has challenged the legality of lawyers paying the annual Bar Practice Fee (BPF) through an NBA portal.

In a post he made today on a CITY LAWYER WhatsAPP platform while tagging an NBA Notice on payment of BPF, the fiery senior lawyer argued that there is no legal basis for NBA to receive the fee from lawyers, saying: “where does NBA derive its powers to collect practising from lawyers and direct that payment shall be online through portal created by NBA.”

He stated that the Legal Practitioners Act mandates only the “Registrar” to collect BPF, saying: “How did we come to the practice of paying our bar practising fees through the portal of NBA? Can somebody guide me? As lawyers, we must not follow the rules without the backing of the law.”

It is recalled that NBA had issued a notice to members thus: “As you may already be aware, the National Executive Council (“NEC”) of the Nigerian Bar Association (“NBA”), at its last NEC meeting held in Abeokuta, Ogun State, on the 16th day of December 2021, resolved that manual Bar Practicing Fee (“BPF”) payments be jettisoned. Consequently, BPF payments can only be made through the NBA Online Payment Portal, with effect from the 1st day of January 2022. Members can now make individual or group payments through the Portal.”

The full text of Okutepa’s post made on his verified handle is below:

In the light of the provisions of the legal practitioner Act, particularly section 7 thereof which is yet to be amended,where does NBA derive its powers to collect practising from lawyers and direct that payment shall be online through portal created by NBA. For added measures, this is what LPA says in section 7 thereof: No legal practitioner (other than such a person as is mentioned in subsection (3) of section 2 of this Act) shall be accorded the right of audience in any court in Nigeria in any year, unless he has paid to the Registrar in respect of that year, a practising fee as is from time to time prescribed by the Attorney‐General of the Federation after consultation with the association.

[1999 No. 31.]

(3) The Registrar shall‐

(a) issue to every person by whom a practising fee is paid in respect of any year a receipt for the fee in the prescribed form; and

(b) as soon as reasonably practicable after the end of January in each year and thereafter from time to time during the year as he considers appropriate cause to be printed in the prescribed form and put on sale a list or supplementary list of the legal practitioners by whom practising fees have been paid in respect of that year; and

(c) pay over to the Association as soon as may be after the end of each year a sum equal to nine tenths of the aggregate amount of the practising fees received by him in pursuance of this section during the year,

and a receipt purporting to be issued and list purporting to be printed in pursuance of this subsection in respect of any year shall be evidence that the person named in the receipt or, as the case may be, that any person named in the list has paid to the Registrar the practising fee in respect of that year.

As lawyers, we must do things according to law. The payment of practising fees is a statutory duty and a creation of law. The law sets/ directs how the payments are to be made by lawyers and who is to issue receipts. It also sets out how NBA should benefit from the payments made by lawyers. How did we come to the practice of paying our bar practising fees through the portal of NBA? Can somebody guide me? As lawyers, we must not follow the rules without the backing of the law.

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.

EMEKA NWADIOKE
Oct 22, 2019
1.44k
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0

CLAMPDOWN: AUTO DEALERS TO SUE CUSTOMS

A group of automobile dealers in Lagos State has threatened to drag the Nigerian Customs Service to court over the sealing of their business premises.

In a letter to the Comptroller General of Nigeria Customs Service through the law firm of Ubani & Co, the group condemned the September 30, 2019 raid and sealing of their offices by customs operatives, saying that the action of the agency was “a demonstration of gross irresponsibility, unprecedented impunity and abuse of power.” They also noted that all the cars in their business premises were duly cleared and appropriate duties paid to the Federal Government.

The group in the letter which was also forward to the Senate President, Speaker of House of Representatives and Attorney General of the Federation, warned that if their business premises were not opened in the next 14 days with a compensation of N10 billion for businesses losses during the period of closure, they would have no other option than to approach the court for redress.

Part of the letter which also serves as a pre-action notice reads:

“We must state here with all sense of responsibility and patriotism that the action of Nigeria custom officers in this regard is a demonstration of gross irresponsibility, unprecedented impunity and abuse of power.

“Though the Nigerian Customs & Excise Management Act gives you the power to examine, mark, seal and take account of any goods …, in this case, you did not examine, mark, seal and take account of the particular vehicles identified as not being properly cleared, but rather sealed up the entire premises without any form of examination or inspection of papers.

” This very act of yours has no protection under the Act, but smacks of impunity, illegality and flagrant abuse of executive power.

“No law under our law books, including the Customs & Excise Management Act, empowers you to take the steps you have taken in the manner you have taken it.

“The action of the Nigerian Customs is not only lawless but very oppressive. The moment when Nigerian Government agencies elevate the pursuit of revenue above the right and welfare of the citizens, Nigeria is doomed, but God forbid that things degenerate to that level.

“Take notice therefore that you have 14 days from the day you receive this letter to unseal all our Client’s members’ business premises to enable them carry out their lawful businesses as Nigerian citizens.

“Take further notice that you have a period of 30 days from the date you receive this letter to pay a compensation of N10Billion to our Clients for the severe hardship, suffering, embarrassment, loss of business, physical, mental and psychological torture and trauma your arbitrary, lawless and inconsiderate action has caused our clients and their families failing which our Client shall be left with no other option than to seek redress through a competent court of law.”

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