BODY OF BENCHERS APPOINTS ISHAQ BELLO AS LPDC CHAIR AMID CONCERNS

There is palpable unease within the ranks of the Body of Benchers (BoB) as former Chief Judge of the High Court of Federal Capital Territory (FCT), Justice Ishaq Bello has been appointed as the new Chairman of the Legal Practitioners Disciplinary Committee (LPDC). He replaces Mr. Emmanuel Ukala SAN who sensationally resigned from the position recently.

Members of the Body of Benchers who spoke to CITY LAWYER at the weekend on the emergence of Justice Bello argued that due process was not followed in the appointment, saying that the immediate past BoB Chairman, Justice Olabode Rhodes-Vivour merely announced the appointment of the jurist towards the end of the last meeting of the body.

They said that not only was the Bar not consulted in the process leading to the appointment but that there was no opportunity given to BoB members during plenary to ratify Bello’s nomination.

A BoB member told CITY LAWYER that the practice had been that while the headship of the LPDC rotates between the Bar and Bench, both groups must reach a consensus on the choice of the candidate to head the all-important Body of Benchers committee.

“Sadly, that did not happen this time,” said the member. “Due process was not followed; instead, a fait accompli was foisted on the body. That is not the precedent we are used to. The appointment is inchoate.

“I do hope that the new chairman of the Body of Benchers will seek the earliest opportunity to present the nomination of Justice Bello for ratification at the plenary. Otherwise, it will be a bad signal for both the committee and the Body of Benchers.”

Although CITY LAWYER contacted the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata on the controversy, he had not responded at the time of filing this report. The Body of Benchers is yet to comment on the matter.

Following his retirement as Chief Judge of the FCT High Court, Bello made an unsuccessful attempt to join the International Criminal Court (ICC) bench, having been nominated by the Federal Government.

CITY LAWYER recalls the LPDC has been in the news lately following the resignation of Ukala and two other members of the committee over alleged interference in its work by the Body of Benchers. The two members that also threw in the towel were current Chairman of the NBA Section on Legal Practice, Chief Ferdinand Orbih (SAN) and Boma Ayomide Alabi (SAN).

Ukala had in his resignation letter dated 22nd February, 2022 cited the complaint by recently deceased senior lawyer, Mr. Lucius Nwosu SAN over a prima facie finding by the committee, noting that most members who spoke on the subject “were against the intervention of this august body (benchers) in the matter for very sound and obvious reasons including the fact that the matter was subjudice and that this august body has no jurisdiction to review any matter including the issue of prima facie finding which is already before the LPDC.

“Surprisingly however, the Chairman, the Honourable Justice Bode Rhodes-Vivour, ruled against the overwhelming views of the majority in favour of the minority views of mainly three members – the retired Justice James Ogenyi Ogebe, the Honourable Justice Ejembi Eko and R. A. Lawal-Rabana SAN, thus inadvertently opening up judicial proceedings before LPDC to the administrative review of the Body of Benchers. This singular move portends grave danger to the maintenance of discipline in the Legal Profession.”

Other members of the committee are Daniel M. Tela (Secretary); Justice M. B. Dongban-Mensem; Ahmed Mustapha Goniri, Esq., Eyitayo Jegede, SAN; Ebenezer Obeya, Esq.; Justice Marshal Umokoro, Chief Judge of Delta State; Justice Hussein Mukhtar, Presiding Justice, Court of Appeal, Kaduna; Justice Rabi Umar, Chief Judge, Bauchi State; Uju Nwogu, Hon. Attorney General, Anambra State; Suleiman Usman, SAN, Hon. Attorney General, Sokoto State, and H. A. Turaki.

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OLANIPEKUN EMERGES 50TH CHAIR OF BODY OF BENCHERS

Leading litigator and senior lawyer, Chief Wole Olanipekun SAN has emerged the new Chairman of the embattled Body of Benchers, CITY LAWYER can authoritatively report.

Olanipekun assumed leadership of the august body following the completion of tour of duty by the immediate past chairman, retired Justice Olabode Rhodes-Vivour.

In an acceptance speech obtained by CITY LAWYER , Olanipekun said that “it will be an understatement to posit that I am humbled, honoured and ecstatic at the matchless and remarkable opportunity afforded me to lead and pilot the affairs of the Body of Benchers for the next one year, having been elected as the Vice-Chairman on 25th March, 2021.”

The fiery litigator noted that since November 27, 1971 when the body was inaugurated, “the transition to either the office of the Vice-Chairman or Chairman has always been smooth, seamless, straightforward, rancour-free and unwrinked,” adding that “Here, we do not mount the soap box or campaign for elections.”

Perhaps in a veiled reference to the controversy that has dogged the body over its alleged meddlesomeness in the affairs of one of its committees, the Legal Practitioners Disciplinary Committee (LPDC) leading to the resignation of its chairman and two other members, Olanipekun said: “Without being immodest, but for the sake of emphasis and record purposes, as well as the present exigencies, I have always given my all to the legal profession, whether as a practicing lawyer in court rooms across the length and breadth of the country; or as Secretary and later Chairman of a branch of the NBA; or as Attorney-General and Commissioner for Justice in the old Ondo State ….” He reeled out more positions held by him in the legal profession.

He pledged “to continue to give my all to the services of the Body of Benchers as Chairman for the next year and, in doing so, I will be calling upon you all for your cooperation, understanding, assistance, advice and counsel.”

Saying that the legal profession “is under aggression and attack, both from within and without,” Olanipekun stated that it behoves the members “to rejig, redefine and reorientate our profession in order to restore its cherished nobility and glory.”

CITY LAWYER recalls that leading oil and gas lawyer, Mr. Lucius Nwosu SAN had in a February 17, 2022 petition asked the Nigerian Bar Association (NBA) to restrain Olanipekun, himself a former NBA president, from bidding for the chairmanship of the Body of Benchers.

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SPIDEL CONFAB ON CONFLICTING ORDERS HOLDS TODAY

  • UBANI EXPLAINS CHOICE OF TOP SPEAKERS

The Chairman of the Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA), Dr. Monday Ubani has given insights on why the section chose A-List speakers for its webinar on the recent spate of ex-parte orders by courts. The virtual conference holds tomorrow at 4 pm.

According to the fiery human rights activist, each speaker was chosen specifically because of their pedigree and previous roles in the legal and regulatory industry.

“The speakers are leading lights at the Bar and Bench,” said Ubani. “They were specifically handpicked for the conference having played crucial roles in the legal profession.

“Justice Olabode Rhodes-Vivour is widely respected as one of our finest jurists. Aside from his current role as Chairman of the Body of Benchers which is the regulator of the legal profession, Justice Rhodes-Vivour also has uncommon insights as a foremost member of the National Judicial Council (NJC) which oversights and disciplines erring judges. His eagerly awaited Keynote Address is expected to dissect the vital intersection between the Bench and the Bar in the entire debacle.”

Governor Rotimi Akeredolu (SAN) was one-time President of the Nigerian Bar Association. Having been a compelling litigator and then a petitioner who has fought several electoral battles through all levels of our courts, he is uniquely placed to address the charge that politicians are in the habit of shopping for ex-part orders that put the judiciary in a quandary.”

According to Ubani, “Mr. J. B. Daudu (SAN) is a household name among lawyers, not least because of his role as former President of the Nigerian Bar Association. More importantly, Mr. Daudu was until recently a longstanding Chairman of the Legal Practitioners Disciplinary Committee (LPDC), the body charged with disciplining of errant lawyers. Faced with the challenge of some lawyers who are accused of filing frivolous matters, we could not have asked for a better authority on the way forward.”

Turning to Prince Lateef Fagbemi (SAN) and Chief Justina Offiah (SAN), Ubani described them as “highly respected senior advocates who are known for their integrity and intimidating litigation skills. Their insights as election petition and litigation lawyers will add a gripping perspective to the entire discourse.”

Moderated by former NBA-SPIDEL Chairman, Prof. Paul Ananaba (SAN), the topic of the virtual conference is “Contradictory ex-parte orders of courts over political cases: Implications and consequences.”

To register for the virtual conference, please click here https://www.bit.ly/nbaspidel21. You will receive a confirmation email after a successful registration.

It is recalled that the spate of conflicting ex-parte orders from the lower courts has taken a frenzied turn recently, leading to regulatory interventions by the Chief Justice of Nigeria, Justice Ibrahim Muhammad as well as the NBA.

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SPIDEL PARLEY: SUPREME COURT JURIST, AKPATA, OTHERS X-RAY CONFLICTING JUDGEMENTS

Former Supreme Court jurist, Justice Bode Rhodes-Vivour; Ondo State Governor, Mr. Rotimi Akeredolu (SAN) and former Nigerian Bar Association (NBA) President, Mr. Joseph Daudu (SAN) are among the cream of jurists that have confirmed attendance at the virtual conference by NBA Section on Public Interest and Development Law (NBA-SPIDEL) on the spate of conflicting ex-parte orders by trial courts.

The webinar will hold on Tuesday, September 14, 2021 at 4 pm while the topic is “Contradictory ex-parte orders of courts over political cases: Implications and consequences.”

Other speakers who have confirmed attendance are leading election petitions lawyer, Prince Lateef Fagbemi (SAN) and Chief Justina Offiah (SAN) while NBA President, Mr. Olumide Akpata is the Special Guest of Honour. Immediate past NBA-SPIDEL Chairman, Prof. Paul Ananaba (SAN) will moderate the eagerly awaited roundtable while leading human rights activist and fiery NBA-SPIDEL Chairman, Mr. Monday Ubani is the Chief Host.

Justice Rhodes-Vivour will spearhead the discussion by x-raying the entire concept of conflicting ex-parte orders. This tour de force will cover issues ranging from the resurgence of ex-parte orders, forum shopping, politico-legal and systemic implications of conflicting orders to issues relating to right of fair hearing, infringement of rules of professional conduct and possible sanctions for erring judges.

Coming on the heels of the Keynote Address by Justice Rhodes-Vivour, each Panelist will then address the sub-theme already assigned to them. Among the expected audience are members of the Bar and Bench, law teachers, law students, politicians and media practitioners.

To register for the virtual conference, please click here https://www.bit.ly/nbaspidel21. You will receive a confirmation email after a successful registration.

It is recalled that the spate of conflicting ex-parte orders from the lower courts has taken a frenzied turn recently, leading to interventions by the Chief Justice of Nigeria, Justice Ibrahim Muhammad as well as the NBA.

NBA-SPIDEL is adjudged as one of the foremost NBA sections. The section held a highly successful Annual Conference last May in the ancient city of Ibadan.

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