RESIGN

  • EMEKA NWADIOKE
  • Sep 29, 2022
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ABIOLA ASSAULT: LAWYER ASKS IGP TO RESIGN OVER ‘MBAISE-BORN’ SAGA

Fiery human rights lawyer, Mr. Maxwell Opara has demanded the resignation of the Inspector-General of Police, Usman Alkali Baba over his description of embattled Prof. Zainab Duke Abiola as “an Mbaise born Professor/Activist.”

In a letter made available to CITY LAWYER and signed by Nnenna Maxwell Opara, the senior lawyer, who was described as “an illustrious son of Mbaise in Imo State, who for purposes of this protestation acts for himself and on behalf of the Concerned Mbaise Indigenes Worldwide,” carpeted the “very bizarre press statement.”

The letter noted that “It is the grievance of our client that they had closely followed the other press statements of the Nigerian Police Force when other persons of other ethnic origins allegedly committed crimes; you never at any time mentioned their places of origin. In other words, it is a newly devised and preposterous antics aimed at defaming the indigenes of Mbaise, Imo state and accordingly aimed at causing division and creating parochial sentiments capable of polarizing Nigeria along ethnic persuasion rather than a sense of national unity which the Police Force should promote.”

Opara demanded that the Inspector General of Police should “Immediately release another press statement wherein you are to, on behalf of the Nigeria Police Force, apologize to the Mbaise People of Imo State.”

He also asked the police helmsman “To resign from your position as the Inspector General of Police for your gross misconduct and violation of the constitution.”

The activist-lawyer warned the IGP that “if at the expiration of one week from the date of receipt of this letter, you fail and/or neglect to comply with the above demands and resign honorably for this your gross misconduct and violation of the constitution, we shall invoke our next instruction to institute a class action against you and the Nigeria Police Force for defamation of the reputation of the good people of Mbaise, Imo State, South East of Nigeria.”

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SENIOR ADVOCATES ASK OLANIPEKUN TO QUIT OVER LPDC PROBE

A coalition of leading senior lawyers, civil society activists and users of court services under the aegis of Justice Reform Project (JRP) has added its voice to the growing call on the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to resign.

The Nigerian Bar Association (NBA) had asked the former NBA President to recuse himself from the seat to pave way for an unfettered investigation of its petition to the Legal Practitioners Disciplinary Committee (LPDC) against the foremost senior lawyer and other partners in his law firm.

In a statement obtained by CITY LAWYER, the group comprising over 20 senior advocates and other justice sector reform advocates urged Olanipekun to “step down” from his position as BoB helmsman, adding that such move would be a mark of honour.

It said: “JRP takes the position that the learned silk ought to step down from his position as Chairman of the Body of Benchers to enable investigations to be concluded with the requisite confidence. This should have predated the steps taken by the NBA and subsequent public commentary. Such an action on his part would not be a mark of culpability, it would be a matter of responsibility and honour. In his exalted position, he should ordinarily be instigating such a complaint.”

The body decried Olanipekun’s failure to recuse himself, saying: “The learned silk’s continued stay in office is, consequently, an indiscretion which will come at a cost to the integrity of our profession. The tribal sentiments being stoked by senior members of the bar are not helpful. Neither are allegations of witch-hunting or ulterior motives.”

The JRP also berated the BoB Chairman for the alleged “innuendos” in his speech during the recent Call to Bar ceremony, saying that that has only reinforced the call for his resignation.

According to the group of justice sector reform advocates, “On a related note, the innuendos in the learned silk’s speech at the Call to Bar ceremony, suggesting that opposing views were indicative of a ‘pulling down syndrome’, can only reinforce the call for his resignation, even though a formal complaint against him has not been lodged.”

It commended the Olumide Akpata-led NBA for its position on the saga, saying: “The NBA, and its leadership, must be commended for taking a bold step in upholding the standards of our profession, even in circumstances involving a man who commands an enormous amount of respect from the entire profession. This is the true test of our will to revive our dying profession and, all of us, including the learned silk, have a responsibility to put the profession first in circumstances like this.”

The JRP added that “The NBA leadership has done its job. Their actions have marked a new era in the enforcement of ethical standards in the legal profession and we must all stand behind the NBA to ensure the integrity of our profession.”

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

JRP was set up in February 2019 with membership cutting across senior and junior lawyers, civil society activists and users of court services interested in reform of the justice system.. The group co-hosted the recent Justice Sector Summit. CITY LAWYER gathered that the JRP is an offshoot of the G20 group of senior advocates who in mid-2019 at the peak of the controversy surrounding the removal of former Chief Justice of Nigeria, Justice Walter Onnoghen, issued a statement saying they “feel embarrassed and deeply concerned by the recent events surrounding the suspension of Honourable Justice W. S. N. Onnoghen as the Chief Justice of Nigeria.”

Among the signatories to the Onnoghen statement were Messrs Ebun Sofunde SAN, Kayode Sofola SAN, Kola Awodein SAN, Ademola Akinrele SAN, Eyimofe Atake SAN, Olufunke Adekoya SAN, Oluwafemi Atoyebi SAN, Yemi Candide-Johnson SAN, Olasupo Shasore SAN, Babatunde Ajibade SAN, Osaro Eghobamien SAN, Babatunde Fagbohunlu SAN, Wemimo Ogunde SAN, and Jibrin Okutepa SAN. Others Messrs Olumide Sofowora SAN, Ernest Ojukwu SAN, Olatunde Adejuyigbe SAN, Adewale Olawoyin SAN, Adeniyi Adegbonmire SAN and Oyesoji Oyeleke SAN.

More recently, the JRP brought a lawsuit at the Federal High Court sitting in Abuja to restrain President Muhammadu Buhari from appointing as judges, 21 persons recommended to him by the National Judicial Council (NJC), saying that “it is concerned about the dysfunctional justice system in Nigeria.”

It was unclear at press time whether all the senior advocates that endorsed the Onnoghen Statement are still members of the JRP, moreso as Okutepa has criticized the approach adopted by Akpata in seeking Olanipekun’s recusal while Ogunde is the father of Ms. Adekunbi Ogunde, the partner in Olanipekun’s law firm who has been dragged to the LPDC by NBA.

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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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