OZEKHOME WRITES MALAMI, SEEKS NNAMDI KANU’S IMMEDIATE RELEASE (LETTER)

The Lead Counsel to detained Leader of the Indigenous People of Biafra (IPOB), Chief Mike Ozekhome (SAN) has written to the Attorney-General and Minister of Justice, Mr. Abubakar Malami (SAN) seeking the “immediate and unconditional release” of Mazi Nnamdi Kanu.

In a letter obtained by CITY LAWYER and dated October 17, 2022, Ozekhome said the application for Kanu’s release was based on the strength of the Court of Appeal decision which discharged Kanu, urging Malami to “immediately comply with the judgment of the Court herein attached.” The letter was received by Malami’s office the same day.

He also asked Malami to “order the immediate and unconditional release of Mazi Nnamdi Kanu, now being illegally held in solitary confinement in State Security Service facility at the Abuja Headquarters.”

The full text of the letter is below.

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OZEKHOME: THE ‘COMMANDER’ AS FIERY RIGHTS ADVOCATE

BY IGE ASEMUDARA 

When Vladmir Lenin first employed the phrase “Commanding Heights,” it was to describe the control of perceived key segments of a national economy as further espoused by Daniel Yergin and Joseph Stanislaw when they first published their book, “The Commanding Heights: The Battle Between Government and the Marketplace That Is Remaking the Modern World” in 1998. However, today I am employing the phrase in its metaphoric signification to access and situate the life, works, struggles and agitation of the Iviukwe-born Chief Mike Agbedor Abu Ozekhome SAN who was just conferred with the national honour of the Commander of the Order of the Niger. The phrase is quite suitable especially in view of the original ideological history of Chief Ozekhome as a Leninist who has also struggled to rescue the commanding heights of the Nigerian economy from the forces that have held it back. Yes, on the 15th of October, 2022, Chief Mike Ozekhome SAN will be Sixty-Five years of age; hale and hearty 65!

I first began to read and hear about Chief Mike Ozekhome about the year 1997 when I worked under my first employer and political tutor, Mr. Akin Ayebiwo, a school principal who in those days made it a point of duty to buy dailies daily. He would read them, give them to me and we would discuss the top political stories even late into the night whenever he was free. It was a time the struggle to unseat the military leaders and confine them to the barracks was climaxing under General Sani Abacha. I found the various protests; civil disobedience and litigations challenging the status quo intriguing. I also found a set of Nigerians featuring consistently in the fight very inspiring. I always looked forward to a day I would join them at the barricades on the street of Lagos. Chief Gani Fawehinmi SAN, Olisa Agbakoba SAN (CLO), Chief Mike Ozekhome SAN (CLO/UDD), Mr. Femi Falana SAN (CDHR), Beko Ransome-Kuti (CDHR) and few others were always at the forefront. Back in Okitipupa, my boss would tell me of their glowing days at the University of Ife and how Ife shaped the life of most of the names in the forefront of the struggle and why the military must go. I took interest in all of them and their struggles to the extent that when in 1998 I took the JAMB form, I had no hesitation in filing Obafemi Awolowo University as my University of first and second choice. I also chose law as my first and second choice. For me, only a knowledge of law could empower me like these worthy and strong Nigerians and only the Obafemi Awolowo University could offer me the right spirit; and fire the ember of struggle in me. I had no second choice, my mind was made up. I got what I wanted.

I passed that University Matriculation Examination; I got admission into OAU on merit. The week of my resumption, I joined the CLO and the CDHR which I also later coordinated briefly on campus and remained a member till I graduated. When we were in the third year, I had the privilege of meeting Chief Mike Ozekhome in his chambers on Ogunlana Drive in Surulere, Lagos alongside few other law students. I got more interested in him because he was as brilliant as he was exciting and never letting any opportunity to be humorous and banterous slip away.

Chief Ozekhome is a repository of history, philosophy, politics, literature, economics and very sound knowledge of the law. His knowledge is not accidental. He was first admitted into the Department of English Language of the Faculty of Arts, University of Ife in 1977. He sought to cross to the Faculty of Law but was not allowed unless he could muster a benchmark performance, Ozekhome had an easy cross as he topped his class in the English Language Department. He graduated among the best at the faculty of law in 1980. He returned to obtain a Master’s degree of that university in 1983. As of today, Chief holds a Doctor of Law degree of the Alliance International University, Lusaka, Zambia with specialty in Constitutional Law. On the 20th of October, 2022, he will deliver the 10th Convocation Lecture of the Afe Babalola University, Ado-Ekiti (ABUAD) and the following day, he will be conferred with the Doctor of Laws degree (Honoris Causa). That will be the twelfth of such honourary doctorates he has received from different institutions which include International Biographical Centre, (IBC), Cambridge, England, American Heritage University, San Bernardino, California, USA, Edo State University, Uzairue, Edo State among others. He has received well over four hundred honours and awards locally and internationally including the UN Ambassador (Eminent Peace), honourary citizen and recipient of the keys to the cities of Atlanta Georgia, USA (2002) and Dallas, Texas, USA (2002).

Trained by the inimitable Chief Gani Fawehinmi SAN, SAM, GCON, Chief Ozekhome is a workaholic, a walking law library, an orator and a very creative law practitioner. In 2010, he was, alongside eighteen others, conferred with the prestigious rank of a Senior Advocate of Nigeria (SAN). Chief is driven, in his practice of law, by a need to subject everyone to the rule of law and afford everyone fair hearing whether high or low and this reflects in his cases and the varied statuses of his clients. To the poor, he appears as a poor, to the rich he appears rich and to those in captivity, he wears his shackles as bands. Although Chief Ozekhome can no longer, in my humble view, be strictly described as a Leninist or leftist as his ideology is more or less that of a very radical centrist, he is however a very passionate human rights activist who believes in equality and social justice and does everything within his capacity to engender a just society.

As a lawyer, I have had the privilege of closely working with Chief Mike Ozekhome SAN in not less than ten cases at the Federal High Court and at the Appellate Courts. I first worked directly with him in FRN V. Dudafa & others where we acted for different co-defendants together with the equally experienced Gboyega Oyewole SAN, a former Attorney-General of Ekiti State. We all also worked together in a number of cases including the case of Patience Jonathan v. EFCC where we also acted for different parties but as a team. Chief Ifedayo Adedipe SAN would also bring his leadership to bear in those cases just as our beloved but now deceased Glanville Abibo SAN brought knowledge, glamour and candour. Chief Ozekhome brought knowledge, strength and audacity to the team.

Chief Mike Ozekhome has through various cases and court verdicts written his name in gold. The law reports are awash of his Midas touch on law and legal works. He seems to be a reincarnate of King Midas in Greek mythology, his latest breakthrough being the victory recorded in the Nnamdi Kanu’s case at the Court of Appeal. Chief dazzles and dazes his opponents with law and some courtroom theatrics. You need to see him at some of his finest moments when he addresses the court. Telling can never equal seeing. Hey! He has a memory as green as spirogyra! It is a unique gift from God deliberately watered by Chief himself through avid reading and prolific writing.

In recognition of his works as an activist, he was in 2014 conferred with a national honour; Officer of the Federal Republic (OFR) by the President of the Federal Republic of Nigeria. On 12th October, 2022, President Muhammadu Buhari who he has always publicly criticized awarded him a higher national honour than he previously had. He was awarded the Commander of the Order of the Niger (CON) as if the president just admitted that Ozekhome has always been right in his critique of his regime.

Chief Mike Ozekhome SAN remains in the vanguard of the struggle to free the Nigerian people from the shackles of oppression, poverty and economic suffocation and to hand over the commanding heights of the economy to the Nigerian people; the wretched of the earth. In doing this, he employs very strategic and dialectical approach to solve both legal and political problems. Just a few days ago, Chief Ozekhome followed the ideological prescription of Paulo Freire in recommending the dialogue option to President Muhammadu Buhari to resolve the IPOB’s Biafra secessionist impasse. Whilst that letter was pending on the President’s table and he had not taken action, the Court of Appeal discharged Nnamdi Kanu and struck out the charges against him. Freire had written in his Pedagogy of the Oppressed that “Leaders, who do not act dialogically but insist on imposing their decisions, do not organize the people – they manipulate them. They do not liberate, nor are they liberated. They oppress”. General Muhammadu Buhari may be adamant but he surely has learnt his lessons.

At 65, Chief Ozekhome SAN still fires on all cylinders, he soars like an eagle! He has done well in the classroom, in the courtroom and in the “other room”. Although he has every right to borrow the immortal words of the Bard of Avon, William Shakespeare through the character of Gratiano in his 1597 dramatic work, Merchant of Venice to gladly say “with mirth and laughter let old wrinkles come”, the Akpakpavighivighi of Edoland has rather chosen to typify the words of American writer Mark Twain that “age is an issue of mind over matter. If you don’t mind, it doesn’t matter.” Little wonder no wrinkle has come at 65, it is youthfulness all round as the Commander still has many rivers to cross and so many fleets to command. At the commanding heights, Chief Mike Ozekhome still soars! Bravo!

Ige Asemudara is a lawyer and the Convener of Mission Against Injustice in Nigeria (MAIN).

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NATIONAL HONOURS: BUHARI TO DECORATE NGIGE, MAIKYAU, OLANIPEKUN, OZEKHOME, OTHERS OCT. 11 (FULL LIST)

ALSO LISTED: DONGBAN-MENSEM, TSOHO, KANYIP, AYO SALAMI, ISHAQ BELLO, MALAMI, FASHOLA, BOSS MUSTAPHA, OKOCHA, SAGAY, BANIRE, ALLEN ONYEMA, AJOGWU, OSUMAN, GIDADO ….

The Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige SAN is among the 437 honorees who are set to be bestowed with National Honours by President Muhammadu Buhari at the State House, Abuja on October 11, 2022.

In a letter obtained by CITY LAWYER and dated 19th September, 2022, the Minister of Federal Ministry of Special Duties and Inter-Governmental Affairs, Senator George Akume informed Ngige that “I have the honour to formally inform you that the President of the Federal Republic of Nigeria, His Excellency, Muhammadu Buhari, GCFR, has approved the conferment of the National Honours on you, in the rank of OFR (Officer of the Order of the Federal Republic).”

Among prominent lawyers who have also been listed for the national honours are Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN; Chairman of the Body of Benchers, Chief Wole Olanipekun SAN; Ondo State Governor, Mr. Rotimi Akeredolu SAN, and the Executive Secretary of National Human Rights Commission (NHRC), Mr. Tony Ojukwu SAN.

The Chief Justice of Nigeria, Justice Olukayode Ariwoola and Director-General of the World Trade Organisation (WTO) are among only five Nigerians to receive one of the highest honours of Grand Commander of the Order of the Niger (GCON), even as a total of 437 honorees have been penciled down for the 2022 National Honours Award.

While 54 honorees will receive the Commander of the Order of the Federal Republic (CFR) award, 67 honorees will be awarded the Commander of the Order of the Niger (CON) medal. Others are 64 honorees for Officer of the Order of the Federal Republic (OFR), 101 for Officer of the Order of the Niger (OON), 75 honorees for Member of the Order of the Federal Republic (MFR), 56 for Member of the Order of the Niger (MON) and eight for Federal Republic Medal (FRM).

PREMIUM TIMES reports that other recipients include serving and former governors, serving and former presiding officers of the National Assembly, serving and former Chief Justices of Nigeria and serving and former members of the National Assembly. Others are serving and former service chiefs, traditional rulers, retired public servants, lawyers, philanthropists, businessmen, ministers and members of the academia.

GCON
Apart from Mrs. Okonjo-Iweala, the other recipients of the GCON are the Senate President, Ahmad Lawan; Chief Justice of Nigeria, Justice Kayode Ariwoola, his predecessor; Justice Tanko Muhammad and UN Deputy Secretary General; Amina Mohammed.

CFR
Prominent on the list of recipients for CFR include Speaker of the House of Representatives, Femi Gbajabiamila; Chief of Defence Staff, Lucky Irabor; former Speaker, Yakubu Dogara, and Appeal Court president, Monica Mensem, and former Army Chief, Tukur Buratai. Others are Inspector General of Police, Usman Alkali, his predecessor, Mohammed Adamu, Emir of Lafia, Sidi Bage, and Tor Tiv, James Ayatse, among others.

OFR
Nominees in this category include Catholic Archbishop of Abuja, Ignatius Kaigama, CEO of the NNPCL, Mele Kyari, Nasiru Bayero and Muiz Banire. Others are Ishaq Bello, Aliyu El-Nafaty and Kehinde Aina, among others.

OON
Some nominees in this category include National Assembly members such as Alhassan Doguwa, Muktar Betara, Ndudi Elumelu and Nkiruka Onyejeocha. Others are a former Permanent Secretary, Sunday Echono, NBA President Yakubu Maikyau, Sarki Abba and Sabiu (Tunde) Yusuf, among others.

MFR
In this category are Sanusi Lemu, late DIGJoseph Egunike (posthumous), Haliru Nababa and Burna Boy. Others are Simon Shango, Billy Okoye, Akwa Okon and Emeka Agbanari, among others.

To view the full list of honorees, click here.

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NBA-AGC: SPIDEL HOLDS AGM, PARLEY ON UNDERMINING JUDICIARY TODAY

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) will on Wednesday at 5 pm hold its Annual General Meeting as a part of the ongoing NBA Annual General Conference.

According to a statement by NBA-SPIDEL Publicity Secretary, Mr. Godfrey Echeho, the AGM will hold at Eko Atlantic City, venue of the Annual General Conference.

Meanwhile, the Section will on Wednesday at 11 am hold a Breakout Session on the “Consequences of undermining the judiciary under our democracy.”

Among the Panelists are leading human rights activists, Mr. Femi Falana SAN and Chief Mike Ozekhome SAN . Others are the Founder/Director of PRAWA, Dr. Uju Agomoh as well as the Executive Director of Access to Justice, Mr. Joseph Otteh. The Moderator for the session is NBA-SPIDEL Chairman, Dr. Monday Ubani.

The statement noted that highlights of the AGM would include presentation of reports by NBA-SPIDEL Chairman, Dr. Monday Ubani as well as the Treasurer’s Report by Ms. Funmi Adeogun.

The Annual General Meeting will also witness unveiling of the NBA-SPIDEL Branch Representatives who will drive the activities of the Section at branch level.

NBA-SPIDEL members at the Annual General Meeting will also go home with tickets “to benefit from the free Law Pavilion Package granted to all members,” the statement said.

On the other hand, the SPIDEL Breakout Session has NBA-SPIDEL Chairman, Dr. Monday Ubani, as Moderator while Panelists include leading human rights activist, Mr. Femi Falana SAN; a frontline human rights advocate, Chief Mike Ozekhome SAN; the Executive Director of Access to Justice, Mr. Joseph Otteh, and the Director/Founder of PRAWA, Dr. Uju Agomoh.

The session holds at 11 am at Atlantic City, Lagos while the Coordinators are Ogechi Ugwuegbulam and Raymond Nkannebe.

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OSUN ELECTION: OKUTEPA CARPETS OZEKHOME, BACKS INEC

Former Nigerian Bar Association Chief Prosecutor, Mr. Jibrin Okutepa SAN has disagreed with fiery constitutional lawyer, Chief Mike Ozekhome SAN on the declaration of the Osun State  Governorship Election as “inconclusive.”

Throwing his weight behind the Independent National Electoral Commission (INEC), Okutepa said there is a Supreme Court decision to support INEC’s position on the matter.

Ozekhome had argued that “There is no basis whatsoever, whether in law, constitutionalism, or morality, to have declared the election inconclusive.”

But Okutepa thinks otherwise. The full statement is below:

As the legality of the action of INEC to declare the result of governorship election in Osun State inconclusive is ranging on and generating legal controversies, it is necessary I point out here that this is not the first time INEC has done so and had judicial approval even at the highest court of the land.

I was deeply involved in the case of Hon James Abiodun Faleke vs INEC and others.

In that case Chief Wole Olanipekun SAN led me and other eminent senior counsel to argue that the reliance by INEC on its manual for election was unconstitutional because the constitution has already set out the parameters on how and when a governor should be declared elected in Nigeria.

We argued that as at the time INEC declared the result of Kogi State election for governorship inconclusive late Prince Abubakar Audu and Hon Faleke had won the required spread and majority of lawful votes. There was no necessity we argued for the re-run in the polling units whose results or elections were cancelled.

We further made the point that since election is to be done by those who have their permanent voters cards, reference to people on the register of voters was wrong because there was evidence that not all those whose names were on the voters register collected their PVCs.

The trial tribunal, the court of Appeal and the Supreme court did not agree with us.

This is what the Supreme court said as quoted by my learned friend Sylvester Udemezue Esq in a response to Chief Mike Ozekhome SAN position which contend otherwise.

The Supreme Court said this:
“The relevance of INEC’s Manual for Electoral Officers in the proper conduct of elections was acknowledged by this Court in the case of C.P.C Vs INEC (2011) LPELR  8257 (SC) AT PAGES 54 & 55 F – B per Adekeye, JSC thus:
“By force of law the Independent National Electoral Commission has the duty of conducting elections. Besides the constitutional provisions, it is guided by the Electoral Act 2010 (as amended) and the Election Guidelines and Manual issued for its officials in accordance with the Act. These documents embody all steps to comply with in the conduct of a free, fair and hitch free election.” (Emphasis mine).

“Having discovered electoral malpractices in 91 polling units in the State, it was proper for the 1st respondent to consult and apply the provisions of its Manual to determine the next course of action in the circumstances.

“I do not agree with Chief Olanipekun, SAN, with due respect that resort to its manual in the circumstances amounted to a flagrant disregard of the supremacy of the constitutional provisions as contained in Section 179(2).

“Chapter 3 paragraph 3.11, step 14 of the Manual for Election Officials (updated version) at page 325 of Volume 1 of the record provides:
3.11: Final Collation and Declaration of Governorship Election Results at State Level: The State Collation/Returning Officer for the Governorship shall:
Step 14: ‘Where the margin of win between the two leading candidates is not in excess of the total number of registered voters of the polling unit(s) where elections were cancelled or not held, decline to make a return until another poll has taken place in the affected polling unit(s) and the results incorporated into a new Form EC8D and subsequently recorded into a new form EC8E for Declaration and Return.’ (Emphasis mine)

“The provision is clear and straight forward and did not require a foray into any other provisions in the Manual for it to be effected. There is no dispute as to the fact that the margin between the votes scored by the late Prince Audu and the appellant on the one hand and Capt. Wada and Arch. Awoniyi, on the other was 41,619, which was less than the total number of registered voters in the 91 polling units where votes were cancelled.

“I therefore agree with the court below that the 1st respondent was correct to have declared the election inconclusive on the basis of the number of registered voters in the 91 affected polling units. Having regard to the clear provisions of the Election Manual, it would have been wrong for any electoral official to base his decision on any other consideration”

I think as lawyers our duty is to educate the people and avoid commentary that tend to hit up the polity.

Unless we approach the Supreme court to over rule itself, what INEC did in Osun State is within its powers to do.

I therefore suggest that politicians should get set to go and do the rescheduled re-run in those polling units on 27th September 2018 to determine the winner of the election.

 

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