OHAZURUIKE

MAIKYAU REPLIES PETITION, SAYS NEC MEMBERSHIP INTACT

A presidential aspirant in forthcoming Nigerian Bar Association (NBA) Elections, Mr. Yakubu Chonoko Maikyau SAN has responded to the petition by an Abuja based lawyer that he ceased to be a member of the 2018-2020 National Executive Committee and is not qualified to contest the 2022 NBA presidential election.

In the petition dated 6th May, 2022 and received by the Electoral Committee of the Nigerian Bar Association (ECNBA) on Monday, 9th May, 2022, the petitioner, Mr. Tochukwu Ohazuruike had alleged that Maikyau “is not constitutionally qualified to contest for the office of President in the forthcoming 2022 NBA National Officers’ election due to his failure to meet the eligibility criteria of not less than two years membership of NEC at the time of nomination mandatorily required under section 9(3)(c)(i) of the NBA Constitution.” Ohazuruike later delivered an addendum to the earlier petition where he alleged that Maikyau “did not attend any of the 9 NEC meetings for the period 2018 to 2020.”

In a response dated 12th May, 2022 and obtained by CITY LAWYER, Maikyau stated that “The allegation that I didn’t attend the meetings of the 2018-2020 NEC is hereby denied. I also deny the allegation that my membership of that NEC ceased at any time before the end of that administration. The Petitioner, beyond citing the provisions of the NBA Constitution and alleging that I did not attend meetings, has failed to show that my membership of the 2018-2020 NEC ceased at any time before the 26th of August 2020.”

Continuing, the senior lawyer wrote: “It should be noted that the Petitioner admitted my membership of the NEC for the period between 2018 to 2020, this being no less the action of any institution of the NBA than the NEC itself. Suffice to say that what has been admitted requires no further proof. Nonetheless, see my letter of appointment into the NEC dated 4th May, 2019 attached hereto, as Annexure 1.”

Maikyau argued that the proviso to Section 7(7) of the NBA Constitution “is noteworthy and germane to the resolution of this petition,” adding that “It is clear from the language of the Constitution that the provision is NOT self-executing. Rather, the provision contemplates that a Member of NEC shall cease to be a member ONLY by or UPON a resolution of the National Executive Committee (now Council) to that effect.”

He argued that “it is also clear from the language of the Constitution that, before such a resolution or decision is taken by NEC, terminating a person’s membership on the stated ground, there must first be a hearing and such a member must be given the opportunity to show reasonable cause for his absence to the satisfaction of the National Executive Committee.”

According to Maikyau, “In the petition under reference, the Petitioner has neither shown that there was any resolution of the 2018-2020 NEC terminating my membership of the Committee for non-attendance at meetings, nor has he alleged that there was any such resolution. The Petitioner has also not shown that I did in fact cease to be a member of the NEC. None of the documents which accompanied the petition, show or contain any complaint regarding my alleged absence from any NEC meeting, any deliberation by NEC on such a complaint or any decision of NEC, terminating my membership thereof.”

Maikyau contended that the petitioner’s allegation that he ceased to be a NEC member for non-attendance “must be strictly proved by him and the way to do so is by presenting before the Committee a Resolution of that NEC, duly signed by the President and General Secretary, declaring that I ceased to be a member thereof. May I also reiterate that this ECNBA cannot go into a forensic audit of Attendance Registers and Minutes of Meetings of NEC to decide whether I was attending meetings or not and whether my membership thereof ought to be terminated. It also cannot take a decision to terminate my membership of the 2018-2020 NEC. That is the sole duty of that NEC and it is only the proceedings of that NEC terminating my membership that can form the basis of a petition such as this, I so submit.”

Concluding, the senior lawyer wrote: “I therefore humbly request this Electoral Committee of the Nigerian Bar Association to disregard the Petition and the allegations contained therein as misguided and one predicated on a gross misunderstanding of the Constitution of the NBA.”

The decision of the electoral committee is awaited on the petition.

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‘MAIKYAU IS NOT ABUJA BRANCH MEMBER,’ PETITIONER TELLS ECNBA

There are strong indications that a leading aspirant to the Nigerian Bar Association (NBA) Elections, Mr. Yakubu Chonoko Maikyau SAN may have his hands full responding to the gale of petitions against his candidacy as yet another petition has been brought against him by an Abuja based lawyer, Mr. Tochukwu Ohazuruike.

It is recalled that Ohazuruike had earlier brought an petition against Maikyau alleging that the senior lawyer “is not constitutionally qualified to contest for the office of President in the forthcoming 2022 NBA National Officers’ election due to his failure to meet the eligibility criteria of not less than two years membership of NEC at the time of nomination mandatorily required under section 9(3)(c)(i) of the NBA Constitution.” The petition was dated 6th May, 2022 and received by the Electoral Committee of the Nigerian Bar Association (ECNBA) on Monday, 9th May, 2022. Ohazuruike later delivered an addendum to the earlier petition where he alleged that Maikyau “did not attend any of the 9 NEC meetings for the period 2018 to 2020.”

In the latest petition, the lawyer stated that he has been a member of the Unity Bar “and I know that Y. C. Maikyau, SAN has never formally been a member of the Unity Bar at any time whatsoever.” Continuing, he stated that “The authentic register and records of the branch will reveal this without difficulty,” adding that “The first and last time he was seen at the Abuja Branch meeting was on 1st April, 2022 when his friends hosted the monthly in his honour.”

Arguing that his petition was based on the eligibility requirement set out in Section 9(3)(a) of the NBA Constitution, Ohazuruike stated that “This branch membership requirement for qualification as full member of NBA, as set out above, has not been met by Yakubu C. Maikyau, SAN as he has indicated in his nomination form a branch – Unity Bar – which he does not belong to. No doubt, mere participation in activities of a branch (if any) or clearance or letter of good standing from a branch Chairman/EXCO does not translate to formal membership of a branch for purposes of qualification to contest for the office of NBA President under section 9(3)(a) read in conjunction with section 4(1)(a) of the NBA Constitution.

According to Ohazuruike, “Given that Yakubu C. Maikyau, SAN is not a member of the Unity Bar as represented by him, it follows that he is not eligible to contest the forthcoming elections under the highlighted provisions of the NBA Constitution. I therefore urge the ECNBA to scrutinize the eligibility of Yakubu C. Maikyau, SAN on this constitutional ground and accordingly disqualify him in the circumstances.”

It was unclear at press time whether the ECNBA has communicated the latest petition to the presidential aspirant.

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  • EMEKA NWADIOKE
  • May 10, 2022
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  • Comments Off on LAWYER ASKS COURT TO SACK EMEFIELE AS CBN GOVERNOR

LAWYER ASKS COURT TO SACK EMEFIELE AS CBN GOVERNOR

An Abuja based senior lawyer, Mr. Tochukwu Ohazuruike has urged the Federal High Court to order Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele to resign.

In an Originating Summons brought by their Lead Counsel, Chief Chukwudi Oli of Oli & Partners pursuant to Sections 2, 8(4-5), 9 &11(2)(C) of the Central Bank of Nigeria Act, 2007; Section 84(12) of the Electoral Act, 2022; Section 6(6) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and under the inherent jurisdiction of the court, Ohazuruike, who is suing alongside Mr. Alieze Sunday Ekpa as plaintiffs, is praying for “AN ORDER mandating the 1st Defendant to cease holding office as the Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of the Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.”

The defendants are Mr. Godwin Emefiele, Central Bank of Nigeria and Attorney General of the Federation.

The plaintiffs are seeking “AN ORDER directing the 2nd Defendant to cease recognising the 1st Defendant as Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007,” and

“AN ORDER directing the 3rd Defendant to take all necessary steps in ensuring compliance that the 1st Defendant cease to be recognised by the Government of the Federal Republic of Nigeria as Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of the Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.”

They are also asking for “AN ORDER OF PERPETUAL INJUNCTION against the 1st Defendant retraining him from further parading himself as Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of the Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.

“AN ORDER OF PERPETUAL INJUNCTION against the 2nd Defendant, its Board of Directors, agents, servants, privies etc from recognising and/or allowing the 1st Defendant to continue to parade himself as Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.

“AN ORDER OF PERPETUAL INJUNCTION against the 3rd Defendant, his principal, appointor, agents, servants, privies etc from recognising or allowing the 1st Defendant to continue to parade himself as Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.

“AN ORDER awarding the sum of Ten Million Naira Only (N10,000,000.00) as cost of this action against the 1st, 2nd and 3rd Defendants in favour of the Plaintiff in this suit,” and

“AN ORDER awarding a 10% post judgment interest on the judgement sum of this suit against the 1st, 2nd and 3rd Defendants from the date of judgment till final liquidation.”

Supported by a 34-paragraph affidavit sworn by the senior lawyer, the plaintiffs are seeking “A DECLARATION that by the express provisions of Sections 2 and 8(4-5) of the Central Bank of Nigeria Act, 2007, the object, purpose and business of the Central Bank of Nigeria (2nd Defendant) has nothing to do with the provision of Section 84(12) of the Electoral Act, 2022 or engaging in any direct or indirect political activities in Nigeria vis-à-vis the duties and functions of the 1st Defendant as Governor of Central Bank of Nigeria.”

They are also asking for “A DECLARATION that the 1st Defendant’s suit filed in this Honourable Court on 5th May, 2022 in Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking the interpretation of the provision of Section 84(12) of the Electoral Act, 2022 etc. while still serving as Governor of the Central Bank of Nigeria (CBN) does amount to engaging in activities contrary to the minimum standard of duties imposed on the 1st Defendant pursuant to the express provision of Section 9 of the Central Bank of Nigeria Act, 2007.

“A DECLARATION that the 1st Defendant’s act in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of the provision of Section 84(12) of the Electoral Act, 2022, which preclude serving political appointees from been delegates or candidates in political parties’ congresses and/or conventions, amidst other political participations and/or interests etc, has exposed the 1st Defendant as partisan and interested in direct political activities in Nigeria, while still serving as Governor of Central Bank of Nigeria (CBN) contrary to the the express provisions of Sections 2, 8(4-5) and 9 of the Central Bank of Nigeria Act, 2007.

“A DECLARATION that the 1st Defendant is liable to acts of serious misconduct contrary to Section 11(2)(c) of the Central Bank of Nigeria Act, 2007, by virtue of his act of filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007,” and

“A DECLARATION that the 1st Defendant is liable to cease holding office as the Governor of Central Bank of Nigeria by the serious acts of misconduct constituted in his filing of Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of Central Bank of Nigeria (CBN) as stipulated under Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.”

No date has been fixed for the hearing of the suit.

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