PROTEST

LPDC: ‘MURIC PETITION FRIVOLOUS, VEXATIOUS,’ SAYS MALCOLM OMIRHOBO

Fiery human rights activist, Chief Malcolm Omirhobo has described as “frivolous and vexatious” the petition brought against him by the Muslim Rights Concern (MURIC).

MURIC had written a complaint to the Legal Practitioners Disciplinary Committee (LPDC) against Omirhobo “for conducting himself in a manner which is unbecoming for a legal practitioner which has caused a serious disrepute and mockery to the legal profession particularly on social media.”

Noting that the Supreme Court of Nigeria had on June 17, 2022 in a split judgement held that female Muslim students have the right to wear hijab in public schools, MURIC stated that “In protest to this judgment, Malcolm Emokiniovo Omirhobo Esq who is a legal practitioner appeared before the Supreme Court of Nigeria a week after the judgment wearing wig and gown but barefooted, with a red cloth tied around his waist, fetish necklace, and his right eye encircled with white powder, to the extent his embarrassing conduct had to force the Supreme Court to go on recess as reported by different sections of media.”

Signed by Mohammed Mansur Aliyu, MURIC noted that “the conduct of Malcolm Emokiniovo Omirhobo Esq has caused serious embarrassment and disrepute to the legal profession considering the derogatory comments and aspersions made on the apex court justices particularly on social media. His conducts amounted to ‘infamous conduct ‘under the Rules of Professional Conduct.”

But in a verified post sighted by CITY LAWYER, Omirhobo lampooned MURIC for the complaint, saying: “I have just received a frivolous and vexatious originating application in respect of the allegation of misconduct against me for dressing as prescribed by my religion in exercise of my fundamental right to freedom of thought, conscience and religion by Muslim Rights Concern (Muric) from the Body of Benchers, Legal Practitioners Disciplinary Committee. I am to file my defence within 24 days.”

The LPDC had directed the human rights activist to respond to the complaint. In a letter by its Secretary, Mr. Daniel M. Tela, the committee wrote: “RE: BB/LPDC/896/2022 MUSLIM RIGHTS CONCERN (MURIC) V. MALCOLM EMOKINIOVO OMIRHOBO, ESQ

“The above subject matter refers, please.

“Please find enclosed a copy of Originating Application against you. By virtue of Rule 10 of the Legal Practitioners Disciplinary Committee Rules, 2020, you are to submit an affidavit disclosing a defence to the Originating Application on the merit together with all other affidavits and documents that you intend to rely on within 24 days from the date of your receipt of this letter. (Please find enclosed a copy of the Legal Practitioners Disciplinary Committee Rules, 2020).

“TAKE NOTE that you shall state your full name, Supreme Court Enrolment number, your contact address, email, phone number(s) in your response.”

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AKPATA RAPS CONFEREES FOR RIOT OVER AGC BAGS (VIDEOS)

The President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has berated conferees who invaded the Accreditation Centre to cart away conference bags and other items.

Akpata, who was delivering an apology for his lateness to the President’s Dinner organized as one of the highlights of the ongoing NBA Annual General Conference, said that he was held up by the chaos that broke out yesterday evening over delivery of conference bags.

CITY LAWYER had captured the moment when the vehicle conveying the conference bags arrived to the hot embrace of the teeming conferees who had massed around the Accreditation Centre to collect the bags. A security officer told CITY LAWYER that the organisers were having a tough time with crowd control, as the conferees were blocking the access route to be used by the vehicle to deliver the bags to the Accreditation Centre.

Saying that it was not in his character to attend such events late, Akpata beamed a clip of the riot on the wide screen, adding: “It is a sad commentary. But this is really who we are. We must not delude ourselves. We are as good as our weakest link.”

He noted that the Technical Committee on Conference Planning (TCCP) had explained that it insisted on top quality bags for the conferees, leading to its rejection of the low quality bags supplied by the vendor. He wondered why the conferees would not exercise patience, moreso when the quality bags had been supplied.

Fiery human rights activist and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu had lampooned some conferees who staged a protest earlier on the same issue.

He said: “Nigeria is nothing if not impressive. Ask these same lawyers to protest over their Governor stealing money or politicians in Abuja stealing the country into destitution & calling it fuel subsidy, they will object & tell you how respectable a bunch of lads they are. But we will protest over bags! Our situation passeth all understanding.”

CITY LAWYER recalls that the TCCP Chairman, Mr. Tobenna Erojikwe had in an update to conferees noted that the committee had rejected the bags because they did not meet the agreed standards.

His words:

Dear Colleagues,

I welcome you again to Lagos for our 62nd Annual General Conference. I hope that the registration process has been pleasant for you thus far.

Thank you for the feedback that we have received from you on various points and for the commendations too. In cases where you suggested that we make improvements, we have taken note and will continue to work towards giving you a better experience.

Regarding the ongoing collection of conference materials, I am writing to update you that we will now pause collection of conference materials (specifically the conference bags) until further notice. This is because while we have ordered more than enough bags to serve our delegates, we have now observed that the most recent batches of the bags delivered to us are less than the quality that we contracted and paid for. We have accordingly rejected them and asked our suppliers to provide conforming replacements as soon possible.

In any case, to enable our delegates continue to enjoy the conference, all other materials (particularly the tags, tickets and lanyards) will still be issued to you at the designated collection points. Collection of the bags will resume afterwards.

I thank you for your understanding and regret any inconvenience that this might cause you.

My best regards,

Tobenna Erojikwe
Chairman, NBA TCCP 2022

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‘NBA CAN’T REMOVE OLANIPEKUN AS BENCHERS’ CHAIR,’ SAYS OJO

Former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee has stated that the NBA has no power to remove any member of the Body of Benchers (BoB) including its embattled Chairman, Chief Wole Olanipekun SAN.

In a statement made available to CITY LAWYER, the fiery Bar Leader said that “The NBA has no power to remove any member of the Body of Benchers (including those nominated by the NBA) under any guise,” adding that “The manipulators of the NBA cannot stoke rebellion within or decimate the Body of Benchers by attacking its Chairman.”

CITY LAWYER recalls that NBA President, Mr. Olumide Akpata had in a letter to the Olanipekun, asked him to recuse himself from the seat pending investigation of a Partner in his law firm over alleged professional misconduct.

Ojo stated the Legal Practitioners Disciplinary Committee “has been existing under the Body of Benchers from time immemorial,” adding that its procedure “is not the true reason for the current truancy.”

Taking a swipe at the “Nigerian Bar Association (NBA) cubicle politicians” for “plan to hijack and destroy the legal profession in Nigeria,” Ojo alleged that NBA Treasurer Mercy Agada “exposed their plan to stoke rebellion among Body of BENCHER (sic)” and to employ the NBA in “scattering the table.”

According to Ojo, Agada referred to “we” several times and threatened that “NBA AGC will witness daily protest.” CITY LAWYER recalls that Agada had debunked the allegation.

Said Ojo: “It is very unfortunate that the hirelings are blinded by their inordinate greed. Destruction is in their DNA hence nothing is sacred to them. They are bent on further desecrating the Legal Profession in Nigeria more than they have done already. The conversion of the NBA to their platform to wage war against leaders of the Bar in Nigeria is most unfortunate and conclusive proof that the NBA is being used by the destructive clique as a front to further their mission to decimate the Bar in Nigeria. The veil is already removed and the face of NBA political masquerades and their supporters are being further exposed.”

The full text of the statement is below.

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INVESTIGATION: HOW NBA’S RECUSAL LETTER TO OLANIPEKUN WAS ‘LEAKED’

The letter by Nigerian Bar Association (NBA) President, Mr. Olumide Akpata to the Chairman of Body of Benchers (BoB), Chief Wole Olanipekun SAN asking him to recuse himself from the seat was not leaked to the public, CITY LAWYER can authoritatively report.

Meanwhile, an impeccable source at the NBA HOUSE told CITY LAWYER that the recusal letter was today emailed to all BoB members by the NBA.

It is recalled that Olanipekun had in an interview with a national daily protested that he was not officially issued with a copy of the letter even though it had been trending on social media.

But an unimpeachable source at NBA HOUSE told CITY LAWYER that an attempt was made last Friday to deliver a copy of the letter to Olanipekun through the Body of Benchers office in Abuja but the office had closed before the courier got there.

According to the source, on the presumption that the recusal letter had been delivered to the BoB Office, the letter was posted on the National Officers’ WhatsApp platform, adding that in line with the clamour by NBA Branch Chairmen to be carried along in the association’s affairs, the letter was also posted on the branch chairmen’s WhatsApp forum. CITY LAWYER gathered that it was from one of these platforms that the letter got into the social media.

The source said it was “regrettable” that the letter went viral before a copy was delivered to the BoB chieftain, but added: “Let it be clear that there was no intention to keep the letter private in the long run.”

The source also dismissed the charge of the alleged leakage being propelled by ulterior motive, saying: “There is nothing ulterior about what the President did. The only motive is that everyone should be above board, do the right thing. It is all about perception. You will recall that two members of the Body of Benchers are due for replacement, given that two members resigned alongside the Chairman who has been replaced. Apparently, the BoB Chairman will be highly influential in the replacement process. If we want to maintain standards, stepping aside remains the desirable standard.”

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

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

But Olanipekun, a former NBA President, had expressed anger against the association for allegedly making its demand public without communicating the recusal letter to him, saying it appeared there was an ulterior motive behind the action. His words: “As we talk, I am yet to get a copy of the letter. People have been calling me but I can’t react to a document that I have not seen.”

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

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‘AN INSIGHT INTO THE REAL JUSTICE ARIWOOLA, ACTING CJN,’ BY LAWYER

By Ibrahim Lawal

My life as a student activist in University of Ibadan exposed me to all kinds of experience particularly brushes with authorities about objectionable policies aimed at stiffening Independent Unionism. I joined Democratic Student Movement (DSM) with the likes of Babatunde Oluajo a.k.a Sankara and other left wing students movements to champion the course of independent Unionism.

I was elected the Speaker of the Students’ Union Parliament while Solomon Ben Olonade was the president of the Students’ Union. We made no pretence about independent Unionism as we took over everything that belongs to the students. Contrary to the practice of the students’ union account being co-signed by the Students Affairs officers, we stood our grounds that the student union must be allowed to run their affairs without interference from the authority.

These decision did not go down well with the authority particularly our resolve to operate the campus cab through the office of the Vice President, Osazere who doggedly operated the campus cab without let or hinderance.

The University authority having sensed our resolve as a union leader, dissolved the union by a release and ordered that the management and control of the union is now in the hand of the Students’ Affairs Officer.

The Union under our leadership resolved to challenge the dissolution of the union by filing a fundamental right proceedings in court. On the day of the hearing of the case, we mobilised greatest UI to the Oyo State High Court presided by Hon. Justice Olukayode Ariwoola now the Acting Chief Justice of Nigeria. I remember vividly that some Zikites came to court with ordinary towel wrapped in their waist while some appeared with nickers without cloth.

We were represented in court by Mr. Kunle Sobaloju while the University was represented by Late Ladosu Ladapo SAN. Mr. Sobaloju powerfully submitted before the court the illegality inherent in the decision of the university authority to dissolve our union without affording us a hearing. Late Ladosu Ladapo SAN on the other hand emphasized the need for discipline as a justification for the dissolution. He even told the court to see the way some of our colleagues appeared in court and the unruly manner we conducted ourselves.

His Lordship while delivering his ruling not only declared the action of the UI management on the dissolution of the union as null and void, he went further to commend the students on their peaceful conduct in court. I was personally impressed with the decision of my Lord as it restates the fact that the judiciary is indeed the last hope of the common man.

It is therefore a thing of joy to me that His Lordship is sworn in today as the Acting Chief Justice of Nigeria, and I pray that may Almighty Allah spare his Lordship life and enable my Lord to make positive impact in the judiciary.

Congratulations my Lord.

Ibrahim Lawal is the Head of Chamber, Olujinmi & Akeredolu.

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SENIOR ADVOCATE TACKLES ECNBA OVER DISQUALIFICATION OF VP ASPIRANT

A senior lawyer, Mr. Mohammed Ndayako, SAN has disagreed with the Electoral Committee of the Nigerian Bar Association (ECNBA) over its disqualification of NBA First Vice President aspirant, Mr. Muhammad Idris Doko from contesting the forthcoming NBA National Officers election.

Doko was disqualified from participating in the election because “your Seconder being a member of a political party in Nigeria is not qualified like you in accordance with the provisions of the Constitution.” Ndayako is Doko’s seconder.

But in a response to the disqualification made available to CITY LAWYER, Ndayako described the turn of events as “rather unfortunate,” arguing that membership of political party was never raised as an issue in the nomination form.

He also berated the electoral committee for not contacting him to provide evidence of his membership of the NBA National Executive Committee (NBA-NEC), adding that his branch Executive Committee was also not contacted to provide the information.

His words: “This is rather unfortunate. I commend M D Idris for taking this decision in a sportsmanship way.

“However, for the records, I was one of the nominators of M. D. Idris for the position of 1st Vice President of NBA, filled and submitted the form by ECNBA. There was no where in the form where membership of political party was raised.

“I was the Chairman of NBA Minna branch between June, 2016 to June, 2018.

“I was the NEC Rep, member, the only one from Minna branch, between June, 2018 to June, 2020.

“Evidence of membership of NEC can easily be found in the minutes of NEC meetings. Meanwhile, I was never contacted to provide my Evidence of NEC membership, which I stated the relevant period in the form.

“My branch EXCO were not also contacted on my membership of NBA (NEC) between 2018 and 2020.

“I am not yet aware of any law, rule, guidelines of NBA placing restrictions on Members of the Bar from belonging to or actively participating in politics, when political office holders are considered worthy of being made Members of Body of Benchers.”

He urged Doko not to relent in his quest, adding that “we shall continue to support you in your future endeavors, particularly, in NBA politics.”

It was unclear at press time whether Doko plans to appeal his disqualification. The NBA Election is scheduled to hold on July 16, 2022.

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