REBUTTAL

  • EDITOR'S CHOICE
  • Sep 29, 2022
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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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BODY OF BENCHERS WADES INTO SUPREME COURT CRISIS

The Body of Benchers has waded into the crisis rocking the Supreme Court of Nigeria, CITY LAWYER can authoritatively report.

Rising from its emergency meeting yesterday, multiple sources told CITY LAWYER that the body set up an Advisory Committee on the Judiciary towards resolving the sensational face-off between the Chief Justice of Nigeria, Justice Tanko Muhammad and about 14 justices of the apex court who penned a damning protest letter against Muhammad.

The Chairman of the Body of Benchers, Chief Wole Olanipekun SAN also told a national newspaper that “We held an emergency meeting today (Tuesday) and for now, we have set up a Body of Benchers Judiciary Advisory Committee. It will be a standing committee of the Body of Benchers and the Chair of the committee is Justice Mahmud Mohammed, former Chief Justice of Nigeria.

“I am a member and the Vice Chairman of the Body of Benchers is a member and four others. We are swinging into action. We are talking to parties concerned, individually and collectively.

“For now, we are advising that they should sheath their swords. The immediate objective of the committee is to resolve the impasse while the ultimate objective is to work out an acceptable package for judicial officers all over the country, particularly judicial officers in superior courts.”

He added, “The committee has also been mandated to compare and contrast what the judicial officers take as their remuneration among others with what is obtainable in other parts of the world.

“The committee will confront the executive with what we derive as the best condition of service, remuneration, among others, as obtained by other countries of the world. The CJN cannot do this; the organogram tilts against the independence of the judiciary as we want it.”

Speaking on the debacle, Olanipekun said: “For now, we want them (Supreme Court justices) to sheath their sword. The committee will swing into action immediately.”

CITY LAWYER recalls that in a protest memo, the justices had demanded an explanation on their entitlements under Muhammad, saying that their annual foreign training had been blocked by the CJN.

They also protested over poor welfare packages which they claimed had hindered their jobs. The apex court, they said, has been receiving N110 billion yearly since 2018, even as they raised issues of non-replacement of poor vehicles; accommodation problem; lack of drugs at the Supreme Court clinic; epileptic electricity supply to the Supreme Court; increase in electricity tariff; no increase in the allowances for diesel, and lack of internet services to residences and chambers.

Others are non-signing of amended Rules of Court for almost three years; sudden stoppage of two to three foreign workshops and training per annum for Justices, and absence of qualified legal assistants.

The jurists accused Muhammad of junketing abroad with his wife, children, and cronies while denying them similar perquisites of office, adding that “In the past, justices were nominated to attend two to three foreign workshops or training per annum with accompanying persons for reasons of age. Since your Lordship’s assumption of office, Justices only attend two workshops in Dubai and Zanzibar. They were not accorded the privilege of travelling with accompanying persons as was the practice.

“Your Lordship totally ignored this demand and yet travelled with your spouse, children, and personal staff. We demand to know what has become of our training funds, have they been diverted, or it’s a plain denial.”

The justices stated that “Your Lordship may also remember that the National Assembly has increased the budgetary allocation of the judiciary. We find it strange that in spite of the upward review of budgetary allocation, the court cannot cater for our legitimate entitlement. This is unacceptable.”

The justices berated Muhammad, saying his alleged weak leadership had drastically lowered the standards for which the nation’s highest court was known.

But in his response, the Chief Justice of Nigeria in a scarcely veiled chastisement of his colleagues, described the escalation of their grouse into the public space as “akin to dancing naked at the market square by us with the ripple effect of the said letter.”

Titled “Re: State Of Affairs In The Supreme Court And Demand By Justices Of The Supreme Court,” the rebuttal stated that “When a budget is made, it contains two sides, that’s the recurrent and the capital, yet all the two are broken down into items. The Federal Government releases the budget based on the budget components. And it’s an offence to spend the money meant for one item for another.

The response noted that infrastructural work is ongoing in the Supreme Court as budgeted, adding that “security and water supply are adequately provided for his brother Justices in their offices and residences. During the period of pandemic, a profound and extra-care was maintained to avoid causalities among them as well as the staff generally. It would have amounted to an act of irresponsibility to divert money meant for the above for otherwise.”

According to the CJN, “The accusation so far, in summary is that more or all ought to have been done and not that nothing has been done; which is utopian in the contemporary condition of our country.”

He countered the allegation of lack of legal assistants, saying that “All the Justices of this Court has (sic) at least a legal assistance, except some may opt for more.” He added that “Generally the Judiciary is looking up to recruitment of more legal assistance and other supporting staff this year.”

He stated that aside from the death of two Supreme Court Justices and the retirement of four staff which “cost the court some funds in the forms of gratuities and allowances,” “Two weeks ago, eight Supreme Court Justices were nominated for a workshop in London as the court cannot take all of them there at once otherwise the job would suffer. They would be going in batches. Accommodations are being gradually provided for the few that are yet to get. There is none of the Apex Court Justices without SUV and back up cars. If any of them were purchased but refurbished, the external and internal auditors are here in the court to take those that bought them up over it.

“The high cost of electricity tariff and diesel are national problem. The Chief Registrar might have budgeted for N300 per litre but diesel is now selling for over N700 per litre and therefore has to find a way around it without even bringing it to the attention of the CJN. But there is no way the generator would be put off if the Court is sitting.

“The amendment of court rules is on the process, it has to be critically reviewed to avoid conflict with the constitution and other extant laws. Not all the CJN has reviewed the rules in the past. Within the three years his brother Justices mentioned came the pandemic and the judiciary workers’ strike.

“The internet services have been restored to Justices’ residences and chambers, just as some allowances have been paid to them. The CJN held a meeting with his brother Justices last Thursday and another one is due to hold this week.

“The general public should be rest assured that there’s no hostility or adverse feelings amongst the Justices of the Supreme Court, as everyone is going about his normal duty.” The CJN’s statement was issued by Ahuraka Yusuf Isah, his Senior Special Assistant (on Media}.

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  • EDITOR'S CHOICE
  • May 09, 2022
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  • Comments Off on KAYODE BELLO’S PETITION: ‘MY HANDS ARE CLEAN,’ SAYS MAIKYAU

KAYODE BELLO’S PETITION: ‘MY HANDS ARE CLEAN,’ SAYS MAIKYAU

One of the leading aspirants for the post of the Nigerian Bar Association (NBA) Presidency, Mr. Yakubu Chonoko Maikyau SAN has said that he is not guilty of any misconduct as alleged by embattled Bar aspirant, Mr. Kayode Bello.

Though Maikyau is yet to respond to the current petition by Bello urging the Electoral Committee of the NBA to bar him from participating in the poll for alleged disobedience of court order among others, an earlier response by Maikyau obtained by CITY LAWYER showed that the fiery litigator had denied any misconduct.

In a detailed response to two petitions by Bello dated 13th April, 2018 and 18th May, 2018 urging the Disciplinary Committee of the Legal Practitioners Privileges Committee (LPPC) to among others withdraw the rank of Senior Advocate of Nigeria from the prominent lawyer, Maikyau had urged “that the petition be dismissed as lacking merit and a mere calculated attempt to smear my reputation as a member of the Inner Bar.”

Addressed to the secretary of the Disciplinary Committee Patricia Orhomuru, Maikyau traced the genesis of his firm’s representation of the Council of Legal Education (CLE) to 2016. He said that it was not until 2017 that Bello’s file was handed to his firm following his filing of a lawsuit marked FHC/ABJ/CS/717/2017 against the Council of Legal Education and the Inspector General of Police. He wrote: “Thus, when the suit which gave rise to these petitions was filed by Kayode Bello, it was forwarded to us and we immediately took steps to put up representation on behalf of the CLE.”

He stated that the facts leading to the institution of the lawsuit by Bello took place on March 15, 2017 when the petitioner had an altercation with a female Nigerian Law School student over a preferred seat in the lecture hall, adding that “All entreaties by the Auditorium Marshall and Chairman of the Students’ Representative Council for the Petitioner to give up the seat for the initial occupant fell on deaf ears.”

Continuing, Maikyau stated that “Consequently, the CLE issued a query to the Petitioner dated 15th March, 2017. Rather than respond to the query, the Petitioner made allegations against the Staff and threatened in a letter dated 16th March, 2017, to petition the SDA to the CLE to the Public Complaints Commission.”

According to Maikyau, “The Petitioner also petitioned the Head, Control Room to the SDA to the CLE, which petition was widely circulated on the Nigerian Law School, Abuja campus by the Petitioner. The Petitioner thereafter, paraded himself on the campus with T-shirts bearing inciting inscriptions such as “Onadeko Must Go”. This resulted in other queries to the Petitioner.

He stated that while the Students’ Representative Council issued a disclaimer and dissociated itself from the conduct of the Petitioner, Bello was duly invited to defend himself before the Students’ Misconducts Committee. “Premised on the above queries and invitation, all of which the Petitioner refused to respond to, the CLE took a decision to evict the Petitioner from the Students’ hostel in order to avoid further breach of peace by him (the Petitioner),” wrote Maikyau. “The letter requesting the Petitioner to vacate the Hostel and attend lectures from outside the School dated 21st March, 2017 is attached as Annexure 12. Owing to the Petitioner’s unrepentant conduct, the CLE took the decision to expel the Petitioner from the Nigerian Law School by a letter dated 17th July, 2017.” He noted that the Petitioner commenced the lawsuit, apparently aggrieved by his expulsion from the school.

Tracing the history of the lawsuit and the aborted settlement between the parties in his response dated March 14, 2019, Maikyau concluded: “The foregoing are the facts and circumstances of our encounter thus far as an office with the Petitioner. I, as counsel and indeed the lawyers in my Firm in the execution of our instruction, deny conducting ourselves in any way or manner to frustrate the admonition by the Court to pursue an out of Court settlement. My colleagues and I have with all due respect, conducted ourselves with the highest level of professionalism and deference for the ethics of our noble profession. I have not in any way scuttled the reconciliation process in the above-named case and neither did I abuse the privilege conferred on me as a Senior Advocate of Nigeria. On the contrary, I have striven to uphold the dignity of the rank of Senior Advocate of Nigeria by insisting on due observance of our Rules of Professional Conduct which behoove Counsel to show respect while dealing with colleagues. We offered professional advice to the CLE and the decision not to settle this matter out of Court was entirely that of the CLE. As would be seen in the petitions and in the proceedings of Court (Annexure 32), I have had no personal interactions with the Petitioner in the course of this matter.”

Maikyau then urged the Disciplinary Committee to dismiss the petitions “as lacking in merit” and a plot to smear his reputation as a Senior Advocate of Nigeria.

It was unclear at press time whether Bello’s latest petition has been delivered to Maikyau for his response, even as the ECNBA has assured that the petition would be decided on its merit.

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  • EDITOR'S CHOICE
  • Feb 23, 2022
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NBA LAGOS CONFIRMS EFCC PROBE OF PAST REGIME

The leadership of the Nigerian Bar Association (NBA), Lagos Branch has confirmed CITY LAWYER exclusive report that the immediate past branch administration is being investigated by the Economic and Financial Crimes Commission (EFCC).

CITY LAWYER had reported that the anti-graft agency had launched an unprecedented probe into the activities of the immediate past branch administration headed by senior lawyer, Mr. Yemi Akangbe.

Unimpeachable sources also told CITY LAWYER that three of the branch executives including the Branch Chairman, Mr. Ikechukwu Uwanna; Secretary, Ms. Nta Ekpiken and Treasurer, Mrs. Carol Obi had been grilled by EFCC operatives who demanded documentation on the previous regime’s activities following an anonymous petition against the administration.

Confirming the probe in a statement, Uwanna stated that the branch Executive Committee “is aware of an ongoing investigation by the EFCC regarding alleged procurement irregularities by the immediate past Branch Administration based on an anonymous petition.”

He also confirmed that the anti-graft agency had demanded documents relating to some transactions by the previous administration, saying: “Upon the EFCC’s request, we have made the records regarding all relevant procurement issues available to the EFCC.” He added that “We will continue to update members as events unfold.”

In a dramatic twist, the statement however described the CITY LAWYER report as “sensational,” adding that “the headline of the news report is misleading and casts aspersions on the image of the NBA Lagos Branch – an image that many have laboured so hard to build for over 60 years.”

A source within the Branch Executive Committee told CITY LAWYER that the grouse of the branch was that the report allegedly drew the current branch leadership into the debacle instead of singling out the immediate past regime as the administration on which EFCC’s searchlight is being beamed.

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