ODUAH

ODUAH URGES IBA REFORMS TO LIFT AFRICAN, YOUNG LAWYERS

Former Nigerian Bar Association (NBA) General Secretary JOYCE ODUAH spoke last Tuesday at the IBA on International Strategy and the International Bar Association: Building and developing an international strategy for young lawyers and its implementation.

Among other reforms, she advocated for reduction of membership and conference fees for young lawyers from all jurisdictions and for all lawyers from developing nations.

INTERNATIONAL STRATEGY AND THE INTERNATIONAL BAR ASSOCIATION: Building and developing an international strategy for young lawyers and its implementation.
Paper Presented by Joyce Oduah, FICMC, Former Council Member, IBA, at the 2022 International Bar Association Conference in Miami.

Question 1: What steps are in or out in devising international strategy.
International strategy is a term developed from the business sector. It is business plan or strategy created by a company to do its business in international markets. As we know Legal practice is business and as young lawyers you all need to join the international market of legal practice early to enable you succeed.

The question then is how can you as young lawyers join the international market of legal practice?
1. Attend conferences:
Attend Conferences organised by the International Bar Association, Regional Bar Associations and National Bar Association. When you attend these Conferences, make a deliberate attempt to network with lawyers from other jurisdictions. The problem we have most times is that when we attend conferences instead of making new friends we hang on to colleagues we already know or came to the conference with. My advice is that you make friends with colleagues from other jurisdictions and build your international network. By doing so you might be surprised that, opening for international briefs. Note if it does not come today it might come tomorrow.

2. Join in network of law firms:
We have international network of Law Firms and as young it will be great to join same. You can find this by searching through google all you need to do is check their ratings and join. With this you will get the international visibility you need. You can also join informal networks of friendly law firms.

3. Active usage of the social media:
This is the computer age or should I say jet age. To be relevant in the international space one of the tools that you need is the social media. I will recommend Linkedin because it is more business like. I have had opportunity to interact with some of our colleagues in other jurisdictions through this tool and it has been quite beneficial. Instagram is for younger clients. Twitter is more for politicians and journalists but need to be there also. I know you young lawyers are more computer sarvy than me and it will benefit you more.

4. Publishing articles:
To get the International space, you need to or have to publish or write articles in novel areas of law, write on newly promulgated laws. You will be surprised who reads your materials and calls you to handle complex legal issues based on what you have written.

5. Pursue ratings in various international listing:
This is somehow controversial because some people feel ratings are bought, all the same pursue it and get it on merit.

Why International Strategy:
An international strategy is important because there are some restrictions to doing business internationally as a legal practitioner and the only way to navigate the restriction is to have an action plan. Some of the obvious restrictions are:

• Cross Border practice: this is practice beyond a home state where one is licensed to practice. The world is increasingly getting smaller. With the introduction of globalization there has been a move from practicing law in one jurisdiction to increase in cross border transactions. Cross border practice especially in the business sector is on the rise because clients engage in cross border businesses and transactions. We need to counsel clients on the local and foreign based transactions in connection to transnational deals. Also, working for international organizations like the IBA, Continental Pan African Lawyers Union (PALU) and Regional organisation, we find ourselves needing expertise from practitioners in these jurisdictions.
• Differences in legal framework: Different countries; different laws even in countries with similar legal systems i.e. monist/dualist; common law/civil. The International Bar Association provides a platform where you can meet with lawyers across these jurisdictions. Using this network makes work easier. Access to information and expertise and someone on ground.
• Economic and Cultural factors: Cost of travel due to present inflation is high; cost of obtaining qualification; time cost; Language barrier and more. If you have a person in the other jurisdiction it will be easier to penetrate that legal system.
• Limitations by local bars: Qualification and licensing is different in different countries. As a Nigerian, I won’t be able to practice in Ghana, a West African country unless I pass their qualifying examination. Also, differences in legal systems; for example, civil and common law jurisdictions; nationalistic tendencies and protectionism due to fear of domestic practitioners losing out in the long run.
• Cost of doing business abroad: there is high cost for an international practitioner in terms of licensing, time, finances, information, skilled labour.
What are the steps to take in creating an international strategy:
• Understand your purpose: The first step is to understand the purpose of seeking an international practice. This is because all strategies are not the same. Your strategy is determined by the goal you intend to achieve. If your desire is to work abroad for a law firm, your strategy would be different from one who seeks to maintain practice in their home country whilst also servicing their international clients. Like everything else in life, your objective or goal determines your course of action.
• Resource Identification: Understand the resources available to you as this will help in building an effective strategy. These include; financial resources, people resources, intellectual resources, information resources
• Analysis of Legal Framework of Target Country and Client Base:
• Determine the strategy: The market entry mode as well as service/value offerings.

What are the advantages of being part of multi jurisdictional Lawyers:
1. One can design effective and comprehensive strategies for ones clients.
2. Understand international trends.
3. Provide international support for his/her clients

The benefit of being a member of an international organization like IBA is captured on its website homepage ‘you get to meet lawyers and legal professionals from all over the world and you are always learning at the IBA.’

You get to
• Build and maintain a public profile on your My IBA to enhance your recognition, status and improve your visibility online
• Gain new business and build your international referral network
• Attend IBA conferences at a discounted member rate
• Get an international perspective to legal practice. Develop expertise in your chosen specialism
• Expand your international network
• Gain new business
• Making new friends

QUESTION 2: What are the tools available to the IBA to effectively corporate with international practitioners
IBA tools for cooperating with international practitioners:
The IBA as the foremost international organization for legal practitioners worldwide has a role to play in assisting international legal practitioners and so far, the body has performed its function in an outstanding manner. There are several tools which the IBA have put in place to effectively cooperate with legal practitioners. They include:
1. access to reports,
2. surveys,
3. publications,
4. research;
5. professional development opportunities
6. networking opportunities like conferences, seminars;
7. continuing legal development on various aspects of law.; training programmes and materials
8. guidance documents like the practical guide, bar association guidance and the reference annex
9. opportunity to become officers
10. mentorship for example IBA Women Lawyers’ Committee Mentorship Toolkit launched on the 23rd of September.
11. I need to add this because it touches my heart, it is the reduction of membership fees and Conference fees for young lawyers from all jurisdiction and reduction of same for lawyers of the developing Countries. The young lawyers more particularly in developing countries are financially constrained.

Most are unable to afford the membership fees of the IBA. There is thus, a need for reduction in membership fees and conference fees for young lawyers by 50% for them to be able to take advantage of these opportunities. I mean those who are less than 10 years’ post call. Also, the IBA should identify talents through competitions like essay writing and give them opportunities to work or participate actively. The IBA should also provide visa assistance for persons desirous of travelling for IBA events.

Utilizing these tools will enable international lawyers to develop long-lasting business relationships; build lifelong friendships; Increase your profile and create new contacts share experiences and issues with lawyers from all practice areas in over 130 jurisdictions. The IBA is an Investment worth considering as it enables you save time and money by meeting all contacts under one roof.

QUESTION 3: How can a young lawyer effectively contribute and be part of this International community?
Effective Participation
Making the IBA part of your International Strategy should not be merely about joining the community. While this is a starting point, this should not be the end. Make it a part of the plan to effectively contribute to the organization. This way, you build traction and visibility whilst adding value to other members of the IBA and the body as a whole. It should not just be about what you take but also what you give.

Let me give you some examples of myself, my first contribution to my local bar was as a rapporteur during my Youth Service days in 1992. When I joined the Local Bar of my Country Nigeria, the Nigerian Bar Association, my aim was that I bring value to the Association and its members. It was all about service. In 2000 to 2002, I served as the Assistant Secretary, later in 2007 t0 2009, I became the Publicity Secretary, during my tenure as PS I brought lasting changes to my Branch with the introduction of lasting innovation which led to the growth in membership. I later served in the National body of our Association as the Treasurer 2012 to 2014, and there again made a lasting contribution by introducing the Bar Code which changed the fortune of the Branches of the Branches of the NBA. When I became the first female General Secretary of the NBA after 38 years, 2020 to 2022, I also made lasting contributions by introducing the NBA APP and USSD CODE. I am saying all these to let you know that you need to contribute to the IBA to build traction and visibility. All of us on this Panel have made and are still making contributions to the IBA and this is/has given us visibility, without this you would not have known us. You need to make yourselve available to be members of Panels in the near future.

Below is a threefold cord which I have put in place to enable you effectively participate in the IBA and in fact, any community you find yourself in. I call it the ISI model.

Intentionality: Be intentional about your desire to serve and add valuable. Make yourself valuable.

Strategy/Plan: Your strategy is dependent on what you hope to achieve. Participate in programs organized to discuss areas of law relevant to your practice area.

Implementation: Network; build friendships and trusts; keep in touch after conferences and do not fail to use your contacts. Your motivation for meeting people should not only be business. There should be a human touch to your engagements.

My IBA journey would be incomplete without my effective contribution in my local bar. As I have said, finance and lack of access could be a hindrance to joining the IBA. As a young lawyer opportunities will come as you make yourself available to serve from the state to the national and make lasting contributions. Now I am Vice President, West Africa of Pan African Lawyers Union (PALU); Immediate Past General Secretary of the Nigerian Bar Association, NBA, the largest bar in Africa; Member of the Commonwealth Lawyers Association and more. I have participated in IBA conferences and now I am talking to you as a panelist. This has enabled me build connections and relationships and has enriched my legal practice greatly.

QUESTION 4: What are the biggest trends or challenges in the legal market after the Covid 19 pandemic?
International Strategy post Covid 19:
Covid 19 brought about major disruption to our way of life and work in particular. However, there are benefits to International practitioners especially with the prevalence of virtual technologies and artificial intelligence which places the world at our finger tips. Lawyers can now do business from anywhere in the world and communicate with contemporaries thousands of miles away just at the click of a button and to succeed we must take advantage of the disruption and use it to our benefit. Some of these benefits include: Virtual Law Practice in terms of high presence of legal practitioners and law offices on the internet; sourcing clients; increased access to CLE Courses and legal Conferences and ability to track and report same and share it with the world and potential clients and employers; access to New Opportunities; Greater connectivity with practitioners worldwide; Remote working creating room for flexibility in work schedules; Development in technology and artificial intelligence. The fact that everything can be done online can be of great benefit to the international legal practitioner. This is also cost effective.

It is argued that the inflation and economic recession facing most countries in the aftermath of the Covid pandemic may hinder physical participation in networking, social and learning events due to high cost of participation including travel cost. However, use of technology may bridge the gap as members can participate from the comfort of their homes having paid conference fees and with internet access. And as we know these technologies should be utilized in a way that would allow for active participation i.e. breakout rooms, committee rooms, interactive channels, etc.

Conclusion
There is no one size fit all international strategy; each lawyer must create a plan tailored to suit his/her unique objectives for penetrating the international legal market. One plan is however accessible to all; membership of an International organization with as much clout and tools as the International Bar Association. The IBA if utilized has more than enough resources and platform to position you in the international legal scenery despite the restrictions that exists. It is pertinent to note that to survive as an international lawyer, you need to be able to provide intelligent and smart solutions to business legal challenges faced by businesses, governments and individuals depending on your client base and so you must be abreast with the latest trends and happenings in the international legal ecosystem. To grow, your international strategy is not to be a one off-plan. But a continuous process that is flexible and adaptable to the changing world. The legal practice is increasingly becoming a competitive one and so you must set yourself to stand out; this is where continuous learning and developing expertise comes in. The Covid 19 pandemic has occasioned a rise in cross-border practice and to succeed you need to collaborate. On a final note your international strategy should thus encompass building competence, expertise, collaborations; adaptability, flexibility and the ability to serve clients across different location. The International Bar Association is your sure bet.

Thank You

JOYCE ODUAH, FICMC
Former Council Member, IBA
Vice President, West Africa of Pan African Lawyers Union
Immediate Past General Secretary, NBA.

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  • EDITOR'S CHOICE
  • Sep 29, 2022
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  • Comments Off on ODUAH WAS INCOMPETENT, LABELLED AKPATA AS ‘WICKED,’ SAYS FORMER AIDE

ODUAH WAS INCOMPETENT, LABELLED AKPATA AS ‘WICKED,’ SAYS FORMER AIDE

Mr. Ndifreke Aquaisua, a lawyer and former Executive Assistant to the immediate past Nigerian Bar Association (NBA) General Secretary, Mrs. Joyce Oduah, has described his former boss as high-handed and “schizophrenic,” saying she also called immediate past NBA President, Mr. Olumide Akpata “a wicked person.”

In a response to Oduah’s letter to NBA President, Mr. Yakubu Maikyau SAN which was made available to CITY LAWYER, Aquaisua said Oduah’s letter was a “potpourri of lies,” even as he said that “I had to resign having gotten fed up with her high-handedness, over bloated ego, schizophrenic nature of believing that everybody at the Secretariat is after her life.”

Below is the full text of his rebuttal.

Facts Are Sacred: Ndifreke Aquaisua Esq. Reacts To Allegations Levelled Against Him By Former General Secretary Of NBA, Mrs. Joyce Oduah (Part 1)

It is surprising and laughable that it took the former suspended General Secretary of NBA, Mrs. Joyce Oduah more than one month to react to facts contained in my Affidavit of Facts. Obviously, she needed time to concoct her potpourri of lies.

I did not want to join issues with the former suspended General Secretary based on advice and plea from friends, senior and junior colleagues I hold in high respect.

However, since the sacked General Secretary has decided to embark on a macabre dance in the market square, I am left with no other option than to set the records straight because facts are sacred and must not be skewed for personal gains.

My meeting Mrs. Oduah was facilitated by Sammy Etuk, Esq., a senior colleague I hold in high esteem at SPIDEL Conference in Aba, Abia state in 2019, who was able to convince me to work with him and others to ensure she emerged the second female General Secretary of NBA.

Within the period of her campaign, I acted as her media assistant by writing and syndicating materials to market her candidature at no cost or pecuniary interest.

That within the period of working with her, just like others, I noticed her over bloated ego, penchant for branding her opponents and anybody not in support of her ambition as diabolic and after her life.

That because Mrs. Oduah by birth is from my State of origin (Akwa Ibom) and the need to avoid being branded a person who works against the interest of people from my State, I stomached her excesses to ensure that we worked to actualize her victory at the polls.

After her victory at the polls, I was invited to work with her as an Executive Assistant, an offer I refused, I rejected at first, because of her erratic and cantercorous (sic) nature, but was prevailed upon to join her.

My first day as the Executive Assistant to Mrs. Oduah started with a lengthy briefing, where she told me that everyone in the Secretariat hated her and are diabolically trying to harm her. She mentioned some of her colleagues in the Exco as people targeting her downfall and ended up warning me not to talk or mix with any person at the NBA Secretariat.

The allegation that Mrs. Oduah physically assaulted me is true, this is evident in her admission that the only physical contact she had with Mr. Aquaisua was “a tap on his left shoulder to get his attention”. Her attempt to misrepresent facts as to her assault of my person falls flat on its face because she did not need to attract my attention when we were talking.

Her grouse with me was basically because Mrs. Kemi Beatrice (Head of Branding Department), an innocent lady she claims is also after her life offered me a lift at about 10:30pm which I ordinarily accepted her kind gesture as Mrs. Oduah never gave a hoot about how I go back to my residence when I close late at night.

On the issue of application letter, Mrs. Oduah instructed me to draft an application letter and backdate it to August, 2020 and that the said application letter should reflect “General Secretary-Elect”. I did exactly as she instructed me and the said application letter was forwarded to the President.

Immediately the President received the application letter, he drew her attention that the letter was not properly addressed as it should have been addressed to the President and not to the General Secretary or General Secretary-Elect as she asked me to address.

If in her words, I was not competent, then she herself was not also competent for failing to decern (sic) that the letter was not properly “written” and transmitting same to the President. Infact, the allegation is not only baseless but a futile attempt to give a dog a bad name to hang it.

The same incompetent Ndifreke Aquaisua is the person who prepared most of the media materials Mrs. Oduah used during her campaign and filed a good percentage of the reports from her office for the five months I worked with her and when I left she could not do it herself to the extent that it took the then Publicity Secretary, Dr. Rapuluchukwu and other members of the Exco to perform her statutory duties to cover the shame her incompetence would have brought to the Exco members who actually acted in good faith to protect the collective integrity of the Exco and shield Mrs. Oduah’s ineptitude as General Secretary.

On the baseless allegation of my acting Oliver Twist, I must state that this is a lie from the pit of hell as my salary and other emoluments as a staff of the Secretariat of our noble association was fixed and could not be influenced or changed by an individual so it is highly preposterous to give the impression that I wanted Mrs. Oduah to change or give anything outside what was stipulated in my letter of appointment. She lacked such powers to do so. I did not take Mrs. Oduah as family because she did not treat me same.

The only time I went to her home was during her thanksgiving service in Lagos which she gave me a bus fare to Lagos and caused me to sleep on mat in her sitting room throughout my period of stay in Lagos and turned me to a domestic help. A duty I carried out as a result of the respect of the office she occupies in our noble association.

Mrs. Oduah infact turned me to an errand boy who must carry her handbag, helped her put on her shoes and drive her around in my car when she visits Uyo on official assignments at my expense. Without sounding immodest, I am from a very comfortable home, owners of one the foremost and oldest higher institution in Akwa Ibom State but by our training, we are taught to be humble, modest and respectful.

So my working with Mrs. Oduah as Executive Assistant was not about the money because she could not afford to pay me, as when I resumed, I flew into Abuja and stayed in hotel for two weeks without a dime from Mrs. Oduah or my employers and got a place to live without any contribution from her.

I had to resign having gotten fed up with her high-handedness, over bloated ego, schizophrenic nature of believing that everybody at the Secretariat is after her life and I could not mix with my colleagues freely for fear of harassment by Mrs. Oduah who believed I will be used to get at her.

In January, 2021 after the Christmas vacation, I was ill and reached out to the head of Administration and Finance, Salamatu Sidi, Esq. and told her I was ill and will not be able to resume immediately, she advised me to take my health seriously and see a medical doctor and rest as well till I get fit to resume.

When I reported my poor state of health to Mrs. Oduah, she rained fire and brimstone on me, calling me unprintable names and even cursing me as a lazy and pretentious bone. She even went to the extent of putting a call across to my referee, Sammy Etuk, Esq. to ask me to report immediately or face her wrath.

I could not take it anymore, after my treatment, immediately I arrived Abuja, I tendered my resignation letter addressed to the President, then forwarded a copy to her through WhatsApp. Immediately she got it, she queried me why I had to address it to the President instead of her, that I should go and withdraw it and address it to her and also wait for her to come back as the President, Mr. Olumide Akpata being a wicked person will not accept my resignation. This to me was a cheap lie, blackmail and a ploy to frustrate my resignation and I was not ready for that.

Mrs. Oduah put a call across to senior lawyers I respect in my home State to prevail on me to withdraw my letter of resignation. For once, I chose to disobey them.

I have chosen to make this comment to set the records straight and clear my name.

To be continued…

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‘I WAS SEVERELY PERSECUTED AS NBA GENERAL SECRETARY, ‘ SAYS ODUAH

Immediate past Nigerian Bar Association (NBA) General Secretary Joyce Oduah has said that she “was severely persecuted by those who unjustly tried to bring me down for same reason.”

In a “Thank You” message to NBA members made available to CITY LAWYER, Oduah who had a running battle with the NBA leadership in the twilight of her tenure, said that she has “great confidence in the new leadership of the Bar and believe that they will, like I did while serving the Bar, uphold and defend the grundnorm of the Association, the NBA Constitution, at all times and selflessly.”

Below is the full text of her statement.

THANK YOU MESSAGE FROM JOYCE ODUAH FICMC, GENERAL SECRETARY OF THE NIGERIAN BAR ASSOCIATION (2020 – 2022)

It is with great humility and a heart full of joy, appreciation and gratitude to God and all of you, members of our great Association, the NBA, that I write this thank you message.

As you all are aware, my official service as the General Secretary of the Bar ended on the 26th of August 2022, as we successfully handed over the baton of leadership to the New Executive Committee to move the Bar forward. I have great confidence in the new leadership of the Bar and believe that they will, like I did while serving the Bar, uphold and defend the grundnorm of the Association, the NBA Constitution, at all times and selflessly.

I want to specially thank all members of association and particularly those who have supported me throughout my Service to the Bar as the General Secretary and stood by me as we passed through the very eventful last weeks of our tenure.

In line with my campaign promises, it was my resolve to serve the Bar with all sense of integrity, dedication to quality service delivery, in accordance with the NBA Constitution and upholding the rule of law , which is the primary mandate of our noble Association. This resolve, I am glad to inform you, was the panacea of my service throughout my tenure as General Secretary of the Bar even when I was severely persecuted by those who unjustly tried to bring me down for same reason.

This thank you message should have come earlier than now, but for the overwhelming, unwarranted, mala fide and desperate attack against me by people who thought they could bully and overwhelm me. Thankfully, owing to the ever abundant grace of the Almighty God and the overwhelming support I got from you, dear colleagues, I was neither overwhelmed nor bullied into silence. I will not bore you with the details of the shameful events of our last days in office as we all witnessed them together, and I strongly believe that posterity will vindicate the just. Those that peddled specific lies against me will answer in due time.

During my service to the Bar as the General Secretary and in line my promises while asking for your support to serve the Bar, we achieved successes and lifted the Bar in many ways. Some of our achievements during my stewardship are as stated below:

During my campaign, I promised our members that upon being elected as General Secretary, I will work to introduce technology into the functioning of the NBA by creating an NBA App which will serve as a one stop platform for every member of the Association. This will engage and synergize the stakeholders – lawyers, law firms, 125 branches of the NBA (now 128) and enhance easy access to NBA resources and materials. It is with great joy and delight that I inform you that after much persuasion and work this NBA APP was launched on the 25th of August, 2022 before the Annual General Meeting;
Effective management of the NBA National Secretariat;
An ICT based Innovative Secretariat;
Effective records keeping;
Effective planning and organizing of meetings;
Effective communication and management of correspondence.

In a special way, I must thank the Bar Leaders and Elders who supported, advised and guided me to achieve so much in my service to the Bar; noble Elders and Leaders that stood on the side of the truth when it mattered.

I thank my super husband who was a pillar of support throughout my tenure and especially in the last few weeks; I could not have asked for a better soulmate. I am indeed blessed to have such wonderful children who have stood and continue to stand by me. I appreciate my dear sister for her support. I am grateful to my Bishop, Archdeacon, Vicar, Priests and all the members of my church for their prayers and well wishes.

I must thank and appreciate my Secretariat staff and colleagues whom without their overwhelming support, I would not have achieved so much in office. I am also grateful to my legal team.

I remain forever grateful.

Dear Colleagues, it is with a heart full of joy and gratefulness to God that I officially inform you all that owing to my excellent service to the Bar, I was elected the Vice President (West Africa) of Pan African Lawyers Union, PALU. I am counting on your continued support in this new assignment.

Once again, I thank you all for your continued support and wish you all the best Legal Year ever in advance. I also wish the current administration a successful tenure.

My most thanks to God Almighty without whom I can do nothing.

God Bless the Nigerian Bar Association;
God Bless the Federal Republic of Nigeria.

Joyce Oduah, FICMC.
General Secretary,
Nigerian Bar Association. 2020 -2022

PALU INVITES DELEGATES TO 20TH YEAR CONFAB IN ADDIS ABABA

INVITATION TO THE PAN AFRICAN LAWYERS UNION 20TH YEAR ANNIVERSARY, CONFERENCE AND GALA DINNER HOLDING IN ETHIOPIA ON THE 8TH TO 10TH OF SEPTEMBER, 2022

The Conference and Gala Dinner is open to ALL members of PALU. We welcome both representatives of our institutional members (bar associations and law societies) and also individual member.

PALU Special Endowment Members and Life Members attend free of charge.

PALU Ordinary Members who had already paid up their subscriptions fee of USD 50 to attend both the Conference and Gala Dinner.

Others to pay USD 50 if attending the Gala Dinner only, or USD 100 if attending both the Conference and Gala Dinner.

We are offering Visa Assistance to all persons attending the events. Once they have paid up, they email a colour copy of their Passport to the PALU Secretariat, and we procure a Visa-on-Arrival Letter from the Ministry of Foreign Affairs of Ethiopia.

Joyce Oduah, FICMC
Vice President, West Africa of Pan African Lawyers Union (PALU)

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‘WHY I’M RETURNING AGC FUND,’ BY EX AKURE BRANCH CHAIR

The immediate past Chairman of Nigerian Bar Association (NBA), Akure Branch, Mr. Rotimi Olorunfemi has stated that “recent happenings at the Bar” has made him resolve to return the N100,000 paid to him as accommodation allowance for the recently concluded NBA Annual General Conference (AGC).

In a letter made available to CITY LAWYER, the former branch helmsman noted that though he had availed his account details to receive the fund and “had no objection to this gesture as it is customary of the National body to provide hotel accommodation for Branch Chairmen and Secretaries during NEC meetings,” “my conscience will not know rest if I accept the payment.”

He urged NBA President, Mr. Yakubu Maikyau SAN to avail him the association’s account details to enable him refund the money, adding that “If however I do not receive any response from the national body as herein requested within the next 14 working days of the receipt of this letter by you sir, I shall draw a Bank Draft in this sum and send same to the President via this same medium.”

The full text of the letter is below.

29th August, 2022

The President,
Nigerian Bar Association,
National Secretariat,
Plot 1101, Muhammadu Buhari Way,
Central Business District
Abuja, FCT

Mr. President,

REFUND OF THE SUM OF N100,000.00K TRANSFERRED TO MY
ACCOUNT BY THE NATIONAL SECRETARIAT.

Permit me sir, to use this medium to congratulate you on your recent assumption of office as the President of our noble association, the Nigerian Bar Association, the foremost, the biggest and the noblest of all professional associations not only in Nigeria but in Africa.

Mr President, I woke on Sunday 28th day of August, 2022 to receive an alert of the sum of N100,000.00k (One Hundred Thousand Naira only) from the Nigerian Bar Association which was described in the narration as “accommodation”.

Sir, I am sure this payment to my account was in fulfilment of the promise of the immediate past President, Mr Olumide Akpata, to reimburse Chairmen and Secretaries of Branches for accommodation expenses incurred during the just concluded AGC.

Initially, I had no objection to this gesture as it is customary of the National body to provide hotel accommodation for Branch Chairmen and Secretaries during NEC meetings, so I forwarded my account details as requested and in anticipation of receiving this money.

However, in view of the recent happenings at the Bar starting with the kill-the-chicken-and-break-the-egg handling of the issue involving our revered Chief Wole Olanipekun, SAN’s Law Firm, the purported illegal suspension of the immediate Past General Secretary of the association, Mrs Joyce Oduah, which culminated in a Federal High Court lampooning the National Executive Council (of which I was a member until last week when my tenure expired as Chairman, Akure Branch) for the shoddy manner it handled the matter and the very ugly incident during the recently concluded AGC which portrayed our very noble association in very bad light before the whole world due largely to the very poor and selfish planning by the nepotically selected Technical Committee on Conference Planning, TCCP, of this year Conference, I have decided that I cannot in good conscience keep and/or expend this money for my personal benefit.

Aside the above, I have been attending Bar Conferences since year 2002, one year after I was called to the Bar and I have self-funded myself to attend conferences all these years and the 2022 Bar Conference should not be an exception just because of my privileged position as a Branch Chairman.

It is on the above premises, that I therefore humbly request Mr. President to instruct the National Treasurer to kindly forward the Association’s account details to me with a view to refunding the money quickly to the Association’s coffers. IN THE ALTERNATIVE if I have Mr President’s approval I can pay the money into my Branch account for the benefit of my Branch and I will forward the teller to the National Secretariat.

If however I do not receive any response from the national body as herein requested within the next 14 working days of the receipt of this letter by you sir, I shall draw a Bank Draft in this sum and send same to the President via this same medium.

While I thank and appreciate the immediate past administration led by Mr Olumide Akpata, who I hold and continue to hold in very high esteem, for this harmless gesture of reimbursing my accommodation expenses during the AGC, my conscience will not know rest if I accept the payment.

I once again congratulate the President and members of the new National Executive Committee and wish you all a successful tenure of office.

Thank you.

Yours very sincerely,

Rotimi Olorunfemi Esq.
Immediate Past Chairman NBA, Akure.

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ANXIETY, AS ODUAH, OLANIPEKUN ISSUES MAY TOP NBA-AGM TODAY

• ODUAH KEEPS MUM, BATTLES TO SECURE CTC OF COURT ORDER
• PRESSURE ON AKPATA TO STEM ANTI-OLANIPEKUN PROTESTS
• LAWYER ASKS NBA TO RESCIND NAMING OF NBA BUILDING AFTER AKEREDOLU

There is palpable anxiety as lawyers troop to Eko Atlantic City for this year’s Nigerian Bar Association (NBA) Annual General Meeting (AGM) which kicks off at noon today.

This may not be unconnected with the face-off between Mrs. Joyce Oduah and the NBA leadership as well as the controversy that trailed NBA’s demand that Chief Wole Olanipekun SAN recuse himself as the Chairman of the Body of Benchers (BoB)pending a probe of allegation of professional misconduct against Ms. Adekunbi Ogunde, a Partner in his law firm.

Though a Federal High Court sitting at Abuja had nullified the ratification of Oduah’s suspension by National Officers, both NBA and the estranged General Secretary have given varied interpretations to the ruling.

While Oduah’s Lead Counsel, Mr. Muritala Abdul-rasheed SAN told CITY LAWYER that his client has fully bounced back to her position as General Secretary following the annulment of the ratification by the National Executive Council (NBA-NEC), the Lead Counsel to NBA, Mr. Godwin Omoaka (SAN) countered this position, saying Oduah remains suspended.

Efforts by CITY LAWYER to know whether Oduah will attend the meeting to reclaim her seat proved abortive, as calls to her verified telephone number were not answered. She also did not respond to text messages.

On his part, Abdul-rasheed did not also respond to calls and messages, though he promised to return CITY LAWYER’s calls. He did not do so at press time.

CITY LAWYER gathered that Oduah has been battling to obtain a certified copy of the court’s ruling. An impeccable source told CITY LAWYER that this proved abortive as at yesterday, adding that “her lawyers will continue the quest today.”

An unimpeachable source at NBA HOUSE told CITY LAWYER that NBA President, Mr. Olumide Akpata has come under pressure to quell any anti-Olanipekun protests at the Annual General Conference. This may not be unconnected with speculations that there are plans to stage protests to force the former NBA President to quit the BoB position pending a determination of NBA’s petition against Ogunde.

There are indications that the matter may be raised under “Any Other Business.”

Meanwhile, a senior lawyer and former Secretary of NBA Lagos Branch, Mr. Seth Amaefule has urged the association to rescind the naming of a wing of NBA building after Ondo State Governor and former NBA President, Mr. Rotimi Akeredolu SAN.

He prayed the meeting as follows: “That the naming of the Wing of the NBA Building situate at Ogo Aro Crescent, Area 2 Garki CBD, Abuja housing the NBA Human Rights Institute named after His Excellency Arakunrin Oluwarotimi Akeredolu, SAN (Past President of NBA and present Executive Governor of Ondo State) be set aside by this Annual General Meeting on the ground that this is not a name associated with human rights activism and public interest litigation in Nigeria.”

Click here to download the petition.

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FIREWORKS, AS ODUAH, NBA CLASH IN COURT TODAY OVER SUSPENSION

The legal face-off between suspended Nigerian Bar Association General Secretary Joyce Oduah and the association peaks today at the Federal High Court as parties go for each other’s jugular.

CITY LAWYER recalls that Justice A. R. Mohammed had last week declined to grant Oduah’s prayer for interim reliefs, leading to her exclusion from superintending the NBA Secretariat at the recently concluded NBA National Executive Council (NBA-NEC) Meeting which held last Sunday on the sidelines of the Annual General Conference.

The NBA-NEC had brushed aside the court case to ratify Oduah’s suspension by the National Officers, even as it fell short of impeaching her, citing the lawsuit. The meeting also ratified the appointment of Ms. Uche Nwadialo as Acting General Secretary.

Justice Mohammed had however adjourned the matter to today for hearing on Oduah’s Motion on Notice, the court having ordered her to serve NBA with the processes.

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police. The ex-parte application had sought to restrain the NBA and other defendants from giving effect to Oduah’s suspension by the NBA National Executive Committee among other reliefs.

CITY LAWYER had in an exclusive report noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for removal over alleged gross misconduct.

Oduah’s Counsel, Mr. Ayotunde Ogunleye (who stood in for Lead Counsel, Mr. Muritala Abdul-rasheed) had informed the court of the pendency of an ex-parte application dated and filed on 16th August, 2022. He sought to move the application.

In opposing the application, Mr. Solomon Umoh (SAN) and Mr. Godwin Omoaka (SAN) announced their appearances on behalf of the Incorporated Trustees of the Nigerian Bar Association and Mr. Olumide Akpata respectively, the 1st and 2nd Defendants, and informed the court that the matter was brought to their attention through social media.

Omoaka told the court that a preliminary objection challenging the jurisdiction of the court to hear Oduah’s suit as well as the ex-parte application had been filed on behalf of the two defendants.

He argued that the law is settled that where an objection to the jurisdiction of the court is raised, the court has an obligation to hear the objection first before attending to any other matter or application.

Omoaka then urged the court to set down the Preliminary Objection for hearing and ahead of hearing of the applicant’s ex-parte application.

Ogunleye however objected to Omoaka’s submissions, arguing that the business of the day was the hearing of the ex-parte application. He stated that the rules of court and judicial precedents are clear that where a defendant is present at the hearing of an ex-parte motion, he can only be seen and not heard.

Replying on points of law, Omoaka distinguished the authorities cited by Oduah’s Counsel from the case at hand and urged the court to first set down the preliminary objection for hearing.

In a short ruling, the court agreed with Omoaka that where a preliminary objection is raised, the court has a duty to hear it first. Justice Mohammed however held that the business of the day was the hearing of the ex-parte motion.

The court further held that it would exercise its discretion to hear the ex-parte application and set down the preliminary objection for hearing at a later date. This paved the way for Ogunleye to move the ex-parte application.

Ogunleye prayed the court for various injunctive and preservative reliefs.

In its ruling on the ex-parte motion, the court observed that the reliefs sought were the same as the reliefs sought in Oduah’s Motion on Notice. It declined to grant the prayers and ordered that the defendants be put on notice.

Abdul-Rasheed had confirmed the ruling to CITY LAWYER, saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

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SUSPENSION: ODUAH’S LAWYER REACTS, SAYS RATIFICATION A MOCKERY

The Lead Counsel to Mrs. Joyce Oduah, the suspended General Secretary of the Nigerian Bar Association (NBA), Mr. Muritala Abdul-rasheed SAN has condemned NBA National Executive Council (NBA-NEC) for ratifying her suspension by the National Officers.

Asked whether he was satisfied with the outcome of yesterday’s NBA-NEC meeting which fell short of impeaching Oduah due to a pending lawsuit at the Federal High Court, Abdul-rasheed said cryptically: “Not at all!”

He told CITY LAWYER that “It (ratification) is a decision that made mockery of the fundamental objective of the NBA.”

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Committee also stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Oduah however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Oduah had urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), Abdul-rasheed blamed Akpata from Oduah’s travails.

In an email sent to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

Dated August 18, 2022, the email was copied to the Attorney-General of the Federation and Minister of Justice, NBA Trustees, all Senior Advocates of Nigeria, members of the Body of Benchers, National Executive Committee members, chairmen and secretaries of NBA branches, co-opted NBA-NEC members, past NBA National Officers, and all NBA members.

Abdul-rasheed argued that the suspension of a National Officer “is not contemplated by the Constitution of the NBA,” adding that “members of the Executive Committee have no vires to discipline or suspend our client from office as they purport to do in their misguided resolution.”

He prayed the NBA-NEC members to respect the pending case, noting that Oduah is “the center gravity and engine room of NBA-NEC meetings” and that “The purported suspension of our client was illegally carried out.”

The email which was titled “RE: SUIT NO : FHC /ABJ/CS/1426 /2022 Between: Mrs . Joyce Oduah V . The Incorp. Trustees of the NBA,” noted that the matter came up for hearing last Thursday, adding that “At the proceedings, the Incoorporated (sic) Trustees of the Nigerian Bar Association was represented by Mr. Solomon Umoh, SAN, while Mr. Olumide Akpata, the President of the NBA, was in Court in person and represented by Mr. Godwin Omoaka, SAN. The Defendants therefore are aware of the pendency of the action.”

Noting that NBA’s core objective “is promotion and protection of the principles of rule of law and respect for fundamental rights, human rights and people’s rights, Oduah’s counsel stated that “we have our client’s instruction to to respectfully pray the NBA-NEC thus:

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

ii. that all parties to the pending litigation respect the rule of law and desist from taking any steps, action(s), move motion(s) and/or pass resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and

iii. that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC.”

In a veiled reference to Akpata, Abdul-rasheed prayed that “NEC will NOT allow any member, no matter how highly placed or influential, to surreptitiously move her to take any of the above actions.”

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IMPEACHMENT: ODUAH KNOWS FATE TODAY, ASKS NEC MEMBERS TO SHUN MOVE

  • PHOTO EXCLUDED IN NEC BUNDLE

The fate of the suspended General Secretary of the Nigerian Bar Association Joyce Oduah will be decided today by the National Executive Council of the Nigerian Bar Association (NBA-NEC).

The NBA-NEC meeting holds today at 4 pm at the Eko Atlantic City, Lagos, venue of this year’s NBA Annual General Conference (AGC).

Meanwhile, Oduah’s photograph is conspicuously absent from the list of National Executive Committee members as listed in the NEC Bundle sent to members for today’s meeting. It has been replaced with the photograph of Acting General Secretary, Ms. Uche Nwadialo. The notice for the NEC Meeting issued by the suspended General Secretary is however retained while her photograph also adorns the AGC Programme as “General Secretary,” perhaps due to logistical challenges.

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Committee also stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Oduah has however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Meanwhile, Oduah has urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), her Lead Counsel and former Chief of Staff to NBA President, Mr. Muritala Abdul-rasheed SAN blamed Akpata from Oduah’s travails.

In an email sent yesterday to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

Dated August 18, 2022, the email was copied to the Attorney-General of the Federation and Minister of Justice, NBA Trustees, all Senior Advocates of Nigeria, members of the Body of Benchers, National Executive Committee members, chairmen and secretaries of NBA branches, co-opted NBA-NEC members, past NBA National Officers, and all NBA members.

Abdul-rasheed argued that the suspension of a National Officer “is not contemplated by the Constitution of the NBA,” adding that “members of the Executive Committee have no vires to discipline or suspend our client from office as they purport to do in their misguided resolution.”

He prayed the NBA-NEC members to respect the pending case, noting that Oduah is “the center gravity and engine room of NBA-NEC meetings” and that “The purported suspension of our client was illegally carried out.”

The email which was titled “RE: SUIT NO : FHC /ABJ/CS/1426 /2022 Between: Mrs . Joyce Oduah V . The Incorp. Trustees of the NBA,” noted that the matter came up for hearing last Thursday, adding that “At the proceedings, the Incoorporated (sic) Trustees of the Nigerian Bar Association was represented by Mr. Solomon Umoh, SAN, while Mr. Olumide Akpata, the President of the NBA, was in Court in person and represented by Mr. Godwin Omoaka, SAN. The Defendants therefore are aware of the pendency of the action.”

Noting that NBA’s core objective “is promotion and protection of the principles of rule of law and respect for fundamental rights, human rights and people’s rights, Oduah’s counsel stated that “we have our client’s instruction to to respectfully pray the NBA-NEC thus:

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

ii. that all parties to the pending litigation respect the rule of law and desist from taking any steps, action(s), move motion(s) and/or pass resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and

iii. that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC.”

In a veiled reference to Akpata, Abdul-rasheed prayed that “NEC will NOT allow any member, no matter how highly placed or influential, to surreptitiously move her to take any of the above actions.”

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

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

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

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police. The ex-parte application had sought to restrain the NBA and other defendants from giving effect to Oduah’s suspension by the NBA National Executive Committee among other reliefs.

Oduah’s Counsel, Mr. Ayotunde Ogunleye had informed the court of the pendency of an ex-parte application dated and filed on 16th August, 2022. He sought to move the application.

In opposing the application, Mr. Solomon Umoh (SAN) and Mr. Godwin Omoaka (SAN) announced their appearances on behalf of the Incorporated Trustees of the Nigerian Bar Association and Mr. Olumide Akpata respectively, the 1st and 2nd Defendants, and informed the court that the matter was brought to their attention through social media.

Omoaka told the court that a preliminary objection challenging the jurisdiction of the court to hear Oduah’s suit as well as the ex-parte application had been filed on behalf of the two defendants.

He argued that the law is settled that where an objection to the jurisdiction of the court is raised, the court has an obligation to hear the objection first before attending to any other matter or application.

Omoaka then urged the court to set down the Preliminary Objection for hearing and ahead of hearing of the applicant’s ex-parte application.

Ogunleye however objected to Omoaka’s submissions, arguing that the business of the day was the hearing of the ex-parte application. He stated that the rules of court and judicial precedents are clear that where a defendant is present at the hearing of an ex-parte motion, he can only be seen and not heard.

Replying on points of law, Omoaka distinguished the authorities cited by Oduah’s Counsel from the case at hand and urged the court to first set down the preliminary objection for hearing.

In a short ruling, the court agreed with Omoaka that where a preliminary objection is raised, the court has a duty to hear it first. Justice Mohammed however held that the business of the day was the hearing of the ex-parte motion.

The court further held that it would exercise its discretion to hear the ex-parte application and set down the preliminary objection for hearing at a later date. This paved the way for Ogunleye to move the ex-parte application.

Ogunleye prayed the court for various injunctive and preservative reliefs.

In its ruling on the ex-parte motion, the court observed that the reliefs sought were the same as the reliefs sought in Oduah’s Motion on Notice. It declined to grant the prayers and ordered that the defendants be put on notice.

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

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

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

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She has also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

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AKPATA BREAKS SILENCE, MEETS MAIKYAU OVER HANDOVER

The President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has made a veiled reference to the crises that have dogged his tenure lately, saying that “It has been one hell of a ride, if I do say so myself.”

Akpata had taken to his verified Twitter handle (@OlumideAkpata) to announce his first official meeting with incoming NBA President, Mr. Yakubu Maikyau SAN after the establishment of their separate transition committees.

In the post sighted by CITY LAWYER, the NBA President said: “Yesterday evening I held a meeting with the President-elect of the @NigBarAssoc, Mr. Y. C. Maikyau, SAN as our recently constituted Transition Committees brainstormed on how best to ensure a seamless handover.”

Akpata then added tersely, “It has been one hell of a ride, if I do say so myself.”

Akpata’s tenure has taken a turbulent turn lately. Aside from the controversies that arose especially with the troubled appeals process that came on the heels of the 2022 NBA Elections, Akpata has waged a running supremacy battle with the Body of Benchers (BoB) over the proposed amendment of the Legal Practitioners Act (Act).

While NBA and the Body of Benchers were still trying to carve a middle ground on the matter through the Mrs. Funke Adekoya Committee, Akpata sensationally wrote to the newly minted BoB Chairman, Chief Wole Olanipekun SAN, asking him to recuse himself over the Ms. Kunbi Ogunde professional misconduct saga.

CITY LAWYER had in an exclusive report cited a complaint by former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN over an email from Ogunde, a Partner in Wole Olanipekun & Co, allegedly soliciting to take over a brief his law firm was handling from his client, SAIPEM SPA. Following his demand for an apology, Wole Olanipekun & Co apologized for the debacle and disowned the Partner. NBA has since filed a petition against the embattled senior lawyer at the Legal Practitioners Disciplinary Committee (LPDC).

The dust on the highly controversial matter has hardly settled when Akpata engaged in a highly publicized bust-up with the suspended NBA General Secretary, Joyce Oduah.

An attempt by Oduah to bounce back to her position has so far failed, as a Federal High Court sitting in Abuja refused to grant her prayer for interim reliefs, giving Akpata a slight breather. The matter has been adjourned to Tuesday for hearing of the Motion on Notice.

Stakeholders are divided on whether the twilight battles would signpost Akpata’s legacy as NBA President.

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CONSTITUTION AMENDMENT: COURT ORDERS SUBSTITUTED SERVICE ON TRUSTEES, AKPATA, OTHERS

The last may not have been heard on the proposed amendment of the Nigerian Bar Association (NBA) Constitution as a High Court sitting in Aba, Abia State has ordered the Claimants in a lawsuit against the amendment to serve the respondents by substituted means.

The respondents are the Incorporated Trustees of the Nigerian Bar Association, NBA President Olumide Akpata, suspended General Secretary Joyce Oduah and Acting General Secretary Uche Nwadialo.

The plaintiffs are former NBA Legal Adviser, Mr. Victor Nwaugo and Mr. Onyemaechi Chukwu. The duo had in Suit No. A/207/2022 dragged the respondents to an Abia State High Court over the constitutionality of a proposed amendment of the NBA Constitution at the Annual General Meeting holding on 25th August, 2022 at Eko Atlantic City, Lagos.

In a ruling delivered last Wednesday and made available to CITY LAWYER, Justice Innocent Nwabughogu ordered “That leave be and is hereby granted to the Claimant/Applicant to serve all the Originating Processes and all other processes in this suit on the 2nd–4th Respondents by substituted means by posting them through a reputable courier service company to the office of the 2nd–4th Respondents at Nigerian Bar Association National Secretariat, Plot 1102Mohammadu Buhari way, Cadastral Zone A00, Central Business District Area, Abuja.”

The further court ordered that “Leave is also granted to serve all the Originating Processes and other processes in this suit on the 1st Respondent by method of postal service through a reputable courier service company on its Secretary or any of its Trustees or by handing same over to any of the staff of the 1st Respondent at its National Secretariat at Plot 1102Mohammadu Buhari way, Cadastral Zone A00, Central Business District Area, Abuja.”

Nwaugo told CITY LAWYER that “We sued Incorporated Trustees of NBA, Akpata, Oduah and Nwadialo following notices published on 27th and 28th July 2022 circulating proposed amendment to NBA Constitution. Through our counsel, Ukpai Ukairo Esq, we wrote Akpata & co to withdraw the proposed constitutional amendment for its infractions to Article 25(1) of NBA Constitution, 1999 Constitution, Legal practitioners Act and LPDC Rules.

“We have obtained an Order to serve by substitution. The matter is pending before a High Court of Abia state. We have not applied for an interim or interlocutory Order. We may do that if the need arises.”

The Motion Ex-parte was dated and filed on August 16, 2022 and brought pursuant to Order 7 Rule 6 and Order 39, Rule 1(1) of the Abia State High Court (Procedure) Rules. It was argued by the claimants’ counsel, Mr. C. C. Udoakundu.

The claimants are seeking an order of perpetual injunction restraining the respondents from permitting or allowing any motion for the amendment of the NBA Constitution to be tabled for discussion at the association’s Annual General Meeting.

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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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ODUAH ASKS COURT TO QUASH SUSPENSION, SEEKS POLICE PROTECTION

The suspended Nigerian Bar Association (NBA) General Secretary, Joyce Oduah has urged the Federal High Court to reverse her suspension by the NBA National Executive Committee (NBA-NEC) and order the defendants “to maintain status quo ante bellum pending the determination of the Motion on Notice seeking interlocutory orders of injunction.”

CITY LAWYER had in exclusive reports noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for “removal” over alleged gross misconduct.

But Oduah urged the court to determine whether the defendants “have the vires to suspend the Plaintiff from the office of the General Secretary of the Nigerian Bar Association (the 1st Defendant herein).”

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police.

Oduah’s Counsel and erstwhile Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN) told CITY LAWYER that the lawsuit was accompanied by an Affidavit of Urgency.

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She has also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

Below is the full text of the orders sought by the plaintiff:

1. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT directing parties in this suit to maintain status quo ante bellum pending the determination of the Motion on Notice seeking interlocutory orders of injunction;

2. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT restraining the 6th Defendant/Respondent or any other person by whatsoever name called other than the Plaintiff/Applicant from acting as the General Secretary or performing the duties of the General Secretary of the 1st Defendant/Respondent pending the remaining period of the Plaintiff/Applicant’s tenure as the General Secretary of the 1st Defendant/Respondent or determination of the Motion on Notice, whichever is earlier;

3. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents;

4. AN ORDER OF INTERIM INJUNCTION, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association);

5. AN ORDER OF INTERIM INJUNCTION restraining the Defendants/Respondents, their agents, servants and or privies from interfering with, frustrating or otherwise obstructing the Plaintiff/Applicant, the General Secretary of the Nigerian Bar Association, in the course of her duties as General Secretary of the Nigerian Bar Association pending the hearing and determination of the Motion on Notice.

6. AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.

7. AN ORDER of interim injunction pending the hearing and determination of the Motion on Notice directing the 12th Defendant/Respondent, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.

8. IN PURSUANCE OF (1) TO (8) ABOVE pending the hearing and determination of the Motion on Notice, AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.

AND FOR SUCH FURTHER OR OTHER ORDER(S) as the Honourable Court may deem fit to grant in the circumstance(s).

CITY LAWYER recalls that the NBA National Officers had in an email to members informed them of their resolution suspending Oduah as General Secretary. Signed by nine of its 11 members, the committee stated that the move is based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Executive Committee stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

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NBA EXCO ASKS NEC TO IMPEACH ODUAH FOR GROSS MISCONDUCT

The National Executive Committee of the Nigerian Bar Association has resolved to recommend Mrs. Joyce Oduah to the NBA National Executive Council for removal.

The move confirms earlier exclusive reports by CITY LAWYER on the suspension of the erstwhile General Secretary as well as moves by National Officers to impeach her for alleged misconduct.

In an email to NBA members informing them of the resolution of the Executive Committee to suspend Oduah as General Secretary and signed by nine of its 11 members, the committee stated that the move is based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Executive Committee stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Below is the full text of the statement.

RESOLUTION OF THE MEETING OF THE NATIONAL EXECUTIVE COMMITTEE OF THE NIGERIAN BAR ASSOCIATION HELD ON MONDAY 15TH AUGUST 2022

“Following the receipt of a letter dated 14th August 2022, from 9 National Officers of the Nigerian Bar Association (NBA) calling on the President of the NBA, Mr. Olumide Akpata to call an emergency meeting of the National Executive Committee, the meeting held on Monday 15th August 2022 by 8am with the following members in attendance:

1) Olumide Akpata – President
2) John Aikpokpo-Martins – 1st Vice President
3) Debo Adeyemo Kazeem – 2nd Vice President
4) Ombo Victor Frank-Briggs – 3rd Vice President
5) Joyce Oduah – General Secretary
6) Uchenna Nwadialo – Assistant General Secretary
7) Mercy Ijato Agada – Treasurer
8) Raphael Nnamdi Anagor – Financial Secretary
9) Olukunle Edun – Welfare Secretary
10) Rapuluchukwu Nduka – Publicity Secretary
11) Ferdinand Naza – Assistant Publicity Secretary

“The meeting deliberated extensively on the content of the above referenced letter and the weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee

“Owing to the contents of the letters and statements issued by General Secretary and the disclaimer that the President issued, the NBA President, Mr. Olumide Akpata recused himself from the deliberations and handed over to the 1st Vice President, Mr. John Aikpokpo Martins to chair the meeting.

“At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.

“In the meantime, however, in view of the critical importance of the Annual General Meeting which is scheduled to hold on 25th August 2022, and to prevent the General Secretary, Mrs Joyce Oduah from imperiling the Annual General Meeting, the Annual General Conference or the succession to the next administration by her unilateral and unauthorised communications purporting to be legitimate communications from the Association, the National Executive Committee has unanimously exercised its emergency powers under section 9(6) (d) of the NBA Constitution 2015 (as amended in 2021) to suspend Mrs Joyce Oduah from office as the General Secretary of the Association with immediate effect pending the Pre-Conference meeting of the NBA-NEC scheduled to hold on Sunday 21st August 2022.

“The Assistant General Secretary, Ms. Uchenna Nwadialo shall immediately act as the General Secretary pending the PreConference meeting of the NBA-NEC scheduled to hold on Sunday 21st August 2022.

“All members of the Association are advised to continue their preparations for the forthcoming Annual General Conference.”

Signed

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NBA CRISIS: EMERGENCY MEETING ENTERS DAY 2, ODUAH FIGHTS BACK

The Emergency Meeting of the National Executive Committee of the Nigerian Bar Association (NBA-NEC) has entered its second day today as the National Officers deliberate on the crisis rocking the NBA leadership.

The meeting which started today on the heels of differing notices on the forthcoming NBA Annual General Meeting, will continue at 9 pm today, CITY LAWYER reliably gathered.

Meanwhile, the embattled General Secretary Joyce Oduah has issued a statement saying that she only included in the AGM notice items that met the constitutional deadline.

In a statement made available to CITY LAWYER and titled “SETTING THE RECORD STRAIGHT,” Oduah said that “the office of the General Secretary received a Notice of Proposed Amendment on the 14th day of June, signed by the Chairmen of the Branches for the amendment of Section 23 (8) of the NBA Constitution to read “Twenty percent of the BPF paid by members of each Branch shall be remitted to the Branch in the month of April and December of each year.””

Below is the full text of the statement.

SETTING THE RECORD STRAIGHT

Dear Learned Silks, Benchers and Distinguished colleagues,

Ordinarily, I would not have responded to the Disclaimer issued by the President on the 13th of August, 2022, but I am constrained to do so. It is important that I set the record straight as I have received numerous calls from concerned members asking me to state my side of the story. Let me begin by saying that my loyalty goes to the generality of the members of our great profession; and so, in carrying out my responsibilities as the General Secretary [GS] of the Association, I will uphold, dispatch my responsibilities by working within the ambit of the NBA Constitutional provisions whilst respectfully carrying out legal directives and instructions from the National Executive Council [NEC] and the President.

1. As the President stated in paragraph 1 of the Notice, the NBA National Executive Council (NBA-NEC) at the last meeting held in Ilorin on the 9th of June, 2022 resolved that some amendments be made to the NBA Constitution. These amendments include the ‘Increment of the amount from the Bar Practicing remitted to the Branches from 10% to 20%, and other non-contentious issues.’ The Constitution Review Committee and other interested persons could, thus propose amendments to the constitution in line with the conditions stipulated in the NBA Constitution 2015 (as amended in 2021).

2. The condition for amendment of the constitution is stated in Section 25 (1) of the NBA Constitution, thus: “The constitution shall not be amended or repealed or re-enacted except at the Annual General Meeting of the Association and two-third of the branches of the Association are represented and provided further that at least sixty (60) days’ notice of the proposed amendment shall have been given to the General Secretary who shall have circulated same to delegates at least thirty (30) days before the proposed amendment is tabled for discussion at the Annual General Meeting.”.

3. In line with the above provision, the office of the General Secretary received a Notice of Proposed Amendment on the 14th day of June, signed by the Chairmen of the Branches for the amendment of Section 23 (8) of the NBA Constitution to read “Twenty percent of the BPF paid by members of each Branch shall be remitted to the Branch in the month of April and December of each year.” The said letter which complies with Section 25 of the constitution is attached herewith.

4. The Constitution Review Committee was also to send in their proposed amendments but it was not forthcoming. In the National Executive Committee (Exco) meeting held on the 30th day of June, 2022, I informed the President and Excos that the Constitution Review Committee was out of the constitutionally stipulated time to forward the said amendment. Prior to this time, I had called the Chairman of the Committee on several occasions to send in the Committees proposed amendment as they were almost out of time. I had also called the President to persuade the committee to send in their report in time but to no avail. The Notice of the proposed amendment was eventually sent by the Constitution Review Committee to the office of the General Secretary on the 26th of July 2022 via email – 30 days behind the stipulated time required by the constitution. Receipt of the email is attached.

5. The President instructed that a Notice of proposed Constitutional Amendment be sent to members for the AGM, and it was in compliance with his directive and observance of the rule of law which guides the Nigerian Bar Association that I sent out the said Notice on the 27th of July 2022 containing only the proposal by the Branch Chairmen which met the requirement of Section 25 (1) of the Constitution.

6. When this matter was brought up at the National Executive Committee (Exco) meeting on the same day, I informed the meeting that the amendment by the Constitution Review Committee was omitted because of their non-compliance with section 25(1) of the Constitution.

The President and excos canvassed that we could conveniently bypass the requirement of the constitution, but I informed them that the requirement of Notice was not a mere procedural matter but a substantive issue which could not be sidestepped without meaningful consequences. The President and other excos resorted to using several tactics to bully me into conforming with their position to overlook the Constitutional requirement. I informed them that I swore to uphold the Constitution of the NBA and that I will do.

7. The President indicated that it was irrelevant whether I amended the notice or not as he had the power to request any member of the Exco to perform any duties including that of the General Secretary. To my surprise, the next day, 28th of July, 2022, the Assistant Secretary sent out a second notice of proposed amendment to the constitution and attached the proposal sent by the Constitution Review Committee that did not meet the 60 days requirement of Section 25 (1). This was a failed attempt to usurp the constitutional duties of the office of the General Secretary and countermand the notice issued by the office of the General Secretary the previous day; which was infact resisted by the good members of the Association.

8. On the 29th of July, the president and exco members left the executive group chat because of my insistence on upholding the rule of law. Since then, I have received no notice or information of Exco meetings. On arriving at my office on the 13th of August, 2022, I discovered that the President had transferred my secretary who had worked with me for 2 years without consulting, informing or giving me reasons. This action by the President to move my personal Secretary, at a critical time of preparing documentation for the Pre-Conference NEC and AGM demonstrates his well-established unilateral control and command leadership style. Also, I was informed that the members of staff of the Secretariat had been directed by the President not to take instruction from my office but directly from him – a Secretariat which the General Secretary is in charge of. This action by the President clearly denigrates my person and office, making it impossible to be accountable to members of the Association, National Executive Council and AGM.

9. On the 10th of August, 2022, on getting to the office of the Head, Admin and Finance Department, I saw the Treasurer recommending memos for the Annual General Conference to the President. This is usually a responsibility reserved for the office of the General Secretary who is the second signatory to the account, and customarily the officer to vet and recommend memos to the president for his approval – a fact which was affirmed by the President in the last Annual General Meeting of 2021. This is a duty which I have carried out since the inception of the administration to ensure that the monies of the Association are judiciously utilized. I believe, all these were done by the President in a bid to intimidate me and to undermine my office.

10. I received letters from some members of our Association asking for the notices to be withdrawn or we face court action. These letters were forwarded to the President by me, but he did not respond. I made several calls to the President to enable us discuss the way forward or to call for an emergency meeting to discuss the issues raised in the letters, but he neither picked nor returned any of the calls. I also sent the Pre-Conference NEC Notice to him, but he failed to acknowledge same, and I had no choice but to send it to members because we were running out of time.

11. On the 11th of August, 2022, I went to see the President in his office and to my astonishment his secretary informed me that the President had given instruction that she should not let me in whenever I come to see him. When I found my way into his office, I saw and heard a vicious president screaming at the top of his voice that I should leave his office. I had no choice than to leave his office without being able to discuss the threat of a law suit and other issues.

12. It was imperative that I withdrew the notices to save the NBA any negative publicity and preventable litigation cost from any potential lawsuits. I sent the Notice of withdrawal to the IT Support staff to disseminate to members, and he neglected/ failed to do so despite several calls and chats to him. This uncharacteristic behaviour of the IT staff is, I believe, based on the instruction of the President to the members of staff. Hence, my sending the withdrawal notice through my private email and at my cost.

13. For the avoidance of doubt;
a. I am unaware of any meeting where it was decided that the two notices; one issued by the General Secretary on the 27th of July, 2022 and the other issued by the Assistant Secretary on the 28th of July, 2022 would be presented to the Annual General Meeting for a resolution of which should be discussed at the meeting.

b. I have nothing against the proposed amendments by the Constitution Review Committee. However, my stance as I told the President and other members of Exco is that the Proposed Amendment did not meet the sixty (60) days requirement of the Constitution.

I will always stand for the truth and the best interest of the Association even if it means standing alone. I am not a political appointee; I contested for the office of the General Secretary and won by your votes and God’s mercies. The duties of my office are well defined, and I will uphold the provisions of the Constitution which I swore to uphold.

Thank you.

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EXCLUSIVE: NBA EXCO IN EMERGENCY MEETING, MAY IMPEACH GENERAL SECRETARY

The National Executive Committee of the Nigerian Bar Association (NBA-NEC) is currently having an Emergency Meeting over the crisis rocking the Mr. Olumide Akpata Administration, CITY LAWYER can authoritatively report.

A source at the meeting told CITY LAWYER that one of the issues that may be considered by the meeting is whether to impeach the embattled General Secretary of the association, Joyce Oduah for “utter disrespect of the entire National Officers and for refusing to carry out the directives of the NBA-NEC.”

Several National Officers told CITY LAWYER that they were aggrieved with the General Secretary’s refusal to issue approved notice of meeting for the NBA Annual General Meeting (AGM) as resolved by the NBA-NEC.

A ranking National Officer told CITY LAWYER that the last straw was the withdrawal of the AGM Notice by the General Secretary, adding that “It is a huge disrespect to National Officers. If any National Officer exceeds his or her powers, there are bound to be sanctions. Several options are open to us.”

CITY LAWYER also gathered that the NBA-NEC is worried that Oduah may continue with her “disruptive attitude,” adding that “No-one knows what she would do next. This has to be dealt with.”

There are however indications that some National Officers are not certain about the constitutionality of the impeachment move. “I do not know whether we have such powers. But rest assured that whatever we do will be based on law and the NBA Constitution,” a National Officer told CITY LAWYER, adding that “We will not take any arbitrary decision, notwithstanding the egregious and longstanding infractions of the General Secretary.”

When CITY LAWYER contacted Oduah, she said she was not invited to the meeting. “I have not received any Notice of Meeting,” she said. “I believe it was a virtual meeting. No ZOOM link was sent to me. At any rate, I am the one who should issue any Notice of Meeting. It is like shaving one’s head in his absence.”

Oduah also queried the legality of the planned impeachment, saying “The National Executive Committee has no such powers. It is only the NBA-NEC or the General Meeting that can remove an officer. This is not about me but about the office of the General Secretary.”

CITY LAWYER recalls that Akpata issued a disclaimer against a notice by Oduah withdrawing earlier notices by her and the Assistant General Secretary, Uche Nwadialo.

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NBA ONITSHA BRANCH HONOURS AKPATA, ODUAH, OTHERS

PRESS RELEASE

NBA ONITSHA BRANCH HONOURS OLUMIDE AKPATA, JOYCE ODUAH AND OTHERS, AS THE BRANCH INAUGURATES NEW SET OF EXECUTIVES

Moments ago, the Nigerian Bar Association (NBA) Onitsha Branch 2020 to 2022 Executives, led by the outgoing Chairman, Steve Onyechi ONONYE, honoured the NBA President, Olumide AKPATA Esq., the NBA General Secretary, Joyce Oduah, Esq. FICMC, among other nominees, by presenting portraits to them for their dedication and special friendship to the Premier Bar East of the Niger within the time under review.

The presentations made through Chudi Nwabufo Obieze SAN and Sir Okechukwu Ezeukwu Esq, did not come by any imagination of surprise, considering the serene working relationship the Branch enjoyed with the National body and its officers, which was evident in the numerous National Committees her members were appointed into to serve the Bar.

Amidst cheers from members of the Branch, the National Publicity Secretary of the NBA, Dr. Ernest Rapuluchukwu Nduka, and the Assistant National Publicity Secretary of the NBA, Ferdinand Naza Esq, both, members of the Branch, received the portraits of the President and the General Secretary respectively, on their behalf.

Onyechi Ononye led outgoing Executives of the NBA Onitsha Branch, today, Friday, 17/06/22, inaugurated and handed over the baton of leadership of the Bar to the newly elected Exco led by Mazi D. I. Uba.

Ononye in his valedictory speech thanked members of the Bar for their overwhelming support to his leadership, and wished the incoming team well and beckon on members to extend similar support to the newly inaugurated Executives, which session just concluded.

NBA, promoting the rule of law.

Dr. Noel N. Udeoji
Out-gone Assistant Secretary
NBA, Onitsha Branch.
(June 2020 – June 2022)

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