Category: Law

The Nigerian Bar Association (NBA) 2023 Annual General Conference (AGC) ended in Abuja at the weekend with no fewer than 16,340 lawyers in attendance. JIDE BABALOLA and DELE ANOFI, report that despite fisticuffs on the football field, brouhaha over the inclusion of a ‘street’ musician and a dispute over its expenditure, the conference  charted the new course for nation building

Right from the opening speech of President Bola Tinubu wherein he declared that he would discontinue with failed economic theories that promote spending 90 per cent of the country’s scarce revenue on servicing external debts amid many development challenges facing the country, the just-ended Nigerian Bar Association (NBA)’s 2023 Annual General Conference (AGC) captured national attention. 

The AGC, with the theme : “Getting it Right: Charting the Course for Nigeria’s Nation Building” featured no fewer than 16,340 lawyers. They participated both in person at the M.K.O. Abiola Stadium, Abuja and online. There were six plenary sessions, featuring 26 speakers, including President Bola Tinubu, to stimulate a journey of intellectual discovery. There were also 99 panellists and 23 moderators.

For President Tinubu, Nigerians’ much-desired prosperity will only manifest once poverty is banished from the society with the focused cooperation of Nigeria’s private sector leaders, many of whom were present at the opening ceremony.

The annual event customarily features a unique blend of professional networking, intellectual engagement, and even a dash of entertainment, and the 2023 conference did not disappoint, as it seamlessly intertwined legal matters with ‘unbarred’ leisure activities that included a performance by ‘street’ musician, Portable and also, a football match that some members of the public in Abuja easily labelled as a ‘show of shame’.

A confluence of legal minds

The conference, held at the sprawling International Conference Centre, lived up to its reputation as a hub for intellectual discussion. It attracted legal professionals from every corner of Nigeria, with attendees ranging from seasoned lawyers to aspiring law students. Sessions were spread over three days and covered a wide range of subjects, from constitutional reforms and judicial independence to human rights advocacy and emerging legal technologies. Eminent legal scholars, judges, and practitioners shared their insights, sparking discussions that will undoubtedly influence the future of Nigeria’s legal landscape.

Discordant notes

Notwithstanding the perceived success of the AGC, NBA President Yakubu Maikyau appeared to share in some of the disappointments that inevitably manifested. Responding to a question during the presentation of the conference communiqué, he expressed great surprise that – in his view – two great proposals he put forward for a constitutional amendment got shot down by members despite the potential benefits for state chapters and individual members of the bar.

Failed proposal to amend the NBA constitution

The first was a proposal to amend the NBA constitution and increase the statutory 10 per cent remittance of members’ practising fees to state NBA branches, to 20 per cent so that state organs can be better run.

The second proposal was for the creation of a Stabilisation Fund, which he reasoned would enhance members’ personal development. 

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“Our lawyers have been very desirous, and they need support. Young lawyers can make money across the globe on-the-go by reason of technological know-how, so, we’ve been talking about access· to finance for our lawyers,” he said.

One of the most anticipated highlights of the conference was the friendly football match that brought lawyers, judges, and law students together on the field. It was a remarkable display of camaraderie as professionals swapped their court robes for jerseys. The match provided a platform for participants to unwind, fostering connections beyond legal debates.

Fisticuffs at football match

Unfortunately, an unprecedented physical combat and exchange of blows during the match between the NBA Abuja team and their fellow lawyers from Onitsha, following allegedly skewed officiating in favour of the Abuja team occurred on August 28, 2023, a day the NBA had its lecture on Ethics and Professional Conduct of Lawyers, with focus on anti-money laundering and counter-terrorism financing issues. 

However, there was a prompt official response, as a report by the Chairman of the NBA Sports Organising Committee, Mr. Godwin Madubuko, indicated that after a review of the ugly incident during the semi-final match, a coach and one player were penalized.

Wahala entertainer

‘To the surprise of many lawyers and members of the public in Abuja, popular street musician, Habeeb Olalomi Oyegbile, popularly known as Portable or Dr Zeh, was one of the guest artistes for the ‘Unbarred concert’ of the AGC. The choice of the ‘Wahala’ entertainer brought some discordant notes to the AGC. Is a counter-culture artiste proper company for conservative professionals?

The inclusion of Portable in the line-up of entertainers sparked public outrage and divided opinion among conference attendees. Some argued that Portable’s presence diminished the dignity of the legal profession. But others argued that his presence added an element of diversity and represented a blend of legal tradition.

However, NBA National Publicity Secretary, Akorede Lawal defended the organisers, saying Portable’s presence followed independent arrangements made by businessman Obi Cubana’s Cubana Group, a sponsor that brought Portable as a guest artiste without any financial expense from the NBA.

One of those who defended Portable’s inclusion as a guest artiste was Mutalubi Ojo Adebayo, SAN, who expressed his views in his piece “Portable and the 2023 NBA Unbarred Concert- a sheer display of immaturity’.

Adebayo said: “Why so much fuss about Portable performing at the NBA conference? During my student days at the Universities of Lagos and later Ibadan, the legendary Fela Anikulapo was always engaged by all the great clubs and associations on our campuses then for live performances. Anybody who had attended Fela’s live concert before will agree with me that the person was then a secondary Indian hemp or marijuana smoker and that included my good self. How will you be at Fela’s concert and will not inhale enough smoke of marijuana which almost every other person beside you was smoking with all latitude. Or do we talk of Fela’s habitual almost naked dress sense? But that was the great Fela for you. It was for the organisers to take him as he was or leave him if they couldn’t cope with his unique identity. After all, they could have also invited and engaged some Islamic or Christian Gospel Musicians and there were truly many of them out there at that time and even till now.

“I don’t see anything untoward in the NBA inviting Portable to feature and perform at the concert organised during the just concluded and well-organised NBA conference. The unfounded and mischievous criticisms being touted all over now are akin to those who are fond of condemning the Big Brother Africa/Big Brother Naija on any ground.

“It is therefore my considered opinion that members of the Bar (if any) who truly staged a walkout on Portable who was a Guest Artist at this year’s Unbarred Concert are, to say the least, very immature. Such members of the Bar would at any time walk out on Judges whenever the court’s proceedings became hostile or unfavourable to them or when it failed to meet their expectations.

Exco rifts, power games

By far the most surprising discordant tune was reflected in the manifestation of exco rifts and power games. NBA members and members of the public were taken aback by the seriousness of pointed accusations from NBA’s National Treasurer, Caroline Ladidi Anze-Bishop, who alleged that the association’s President, Yakubu Chonoko Maikyau, was making financial decisions without her consent. She refused to present financial reports, stating that she wasn’t aware of the true financial situation. Anze-Bishop revealed that memos bypassed her office and were approved by the president through the secretary’s office. She emphasised that she wasn’t involved in preparing the financial reports and couldn’t vouch for their accuracy.

Anze-Bishop who told briefly addressed fellow lawyers, also disclosed that she wasn’t part of any NBA finance-related committees. She recounted an executive meeting where Maikyau asserted that he didn’t require her office’s consent to manage the association’s finances.

However, in response, Maikyau accused some of the national officers of resentment, referencing past attempts to distribute millions in NBA funds, which he opposed.

Productive Meeting

Despite various contentions, the NBA 2023 conference came out with very meaningful results.The working sessions of the Conference focused on three main themes: economy, administration of justice, and security.

In the communiqué signed by Maikyau and NBA’s General Secretary, Adesina Adegbite, they highlighted all observations and recommendations made under the three main themes.

With regard to Nigeria’s economy, the conference acknowledged the nation’s economic potential but noted several constraints, including inadequate infrastructure, trade barriers, and uncertain government policies.

“Despite Nigeria’s vast mineral wealth and human resources, challenges like power shortages, insecurity, and divisions among citizens impede economic growth,” they noted.

Recommendations made towards redressing the situation include the need for sustained broad-based economic growth and poverty reduction, the government’s renewed focus on infrastructure development, improved power generation, agricultural productivity, and youth employment through education and entrepreneurship skills training.

On the administration of justice, the conference expressed concerns that the need to reform the justice sector has been a long-standing concern with issues like poor coordination, case delays, inadequate legal aid, and corruption within key institutions, noting that a fundamental rethinking of justice system infrastructure, approaches to policing, adjudication, and improved relationships between government branches is necessary.

They therefore emphasized the necessity of an independent judiciary and recommended an urgent review of judicial remuneration while also advocating government support for pro bono schemes and collaborative efforts to enhance access to justice.

Furthermore, national security’s impact on economic prosperity and effective justice administration, the influence of community non-participation, unemployment, and the need for regional cooperation in insecurity as well as the nation’s porous borders, globalisation’s influence on crime, inadequate security personnel training, and ungoverned spaces were noted challenges all came under discussion.

Among others, conference attendees recommended greater investment in the military, community policing, youth engagement, regional cooperation, and comprehensive police reforms were recommended in addition to citizens’ complementary roles, legislative interventions and proposals for human rights training for the military were considered.

Focusing on the role of legal practitioners in advancing the nation’s causes and organising a medical outreach in partnership with various organisations, the conference reviewed legal practitioners’ remuneration and rules on ethical charging practices. Its recommendations on this include ethical charging practices, comprehensive training, and minimum fees for junior lawyers as well as advocacy, awareness campaigns, and educating the public on new remuneration rules.

The proposed amendment of the NBA constitution was rejected, and the existing constitution was retained by the NBA AGM which then scheduled the 2024 Annual General Conference for August 23 to 30, with the venue to be determined.

“The recommendations from this conference reflect a commitment to strengthening legal institutions and promoting justice, human rights, and professional integrity for the betterment of Nigeria,” they emphasised.

Urgent reforms needed

There were strong expressions of concerns from some quarters such as that of Jibrin Okutepa, a Senior Advocate of Nigeria (SAN) who stridently called for urgent reform of NBA to avoid further descent of its leadership standards. 

Also, Bayo Akinlade, a former chairman of Ikorodu NBA, who now serves as spokesman of Nigerian Legal Society (NLS) issued a statement that described disappointments with the NBA conference as ‘multifarious’.

Okutepa’s statement reflects deep worries about the prevailing culture of ‘free meals’ within NBA leadership, stressing a need for a thorough evaluation of capacities before allowing individuals to come on board in leadership positions. Much unlike now when some take leadership positions because of perks like free meals and hotel accommodation, Okutepa is nostalgic about those days when respect was accorded to senior lawyers who paid for themselves and junior ones even while serving as guiding lights for the profession.

Former member of NBA NEC, Akinlade’s caustic tone in a statement titled “My Thoughts on the Just Concluded NBA AGC” reflects some of the anger and thirst for urgent, comprehensive reforms by lawyers who formed the Nigeria Law Society of which he is the spokesman.

“The 2023 NBA AGC suffered many setbacks right from the planning stages but even though the content was not half bad, the internal politics at play in the planning and development stages created quite a bit of a nightmare in terms of delivery,” Akintade stated.

He went further: “Growing up as a young lawyer in this profession, I met an NBA that was focused. I can’t recall the NBA having grand parties or events like unbarred being part of the AGC but today, almost every night of the AGC; parties were organised that went well into the next morning ….how can anyone concentrate on the practice development areas and content the AGC seeks to provide when conferees go to bed at 3am or 4am each morning? They will get to the conference venue late and with a nasty hangover. It is actually unfortunate that it is the same people who organise these AGCs that also organise these parties or allow these parties to be held.”

In effect, he tore the supposed logic behind much of the NBA leadership’s disposition into shreds by picking on one item after the other before concluding: “The NBA has come full circle and while some believe that the NBA can be ‘fixed,’ I opine that fixing NBA is not from within its existing structures but rather it must completely re-invent and re-evolve.”

Renowned and perhaps the country’s foremost anti-graft prosecutor, Rotimi Jacobs (SAN) has now taken on some of the procedural bottlenecks in the criminal justice system with the launch in Lagos of his book, “Rotimi Jacobs on Criminal Procedure.” ROBERT EGBE, VICTORIA BOBADE and IREDE OKOROAFOR report that the event, which also celebrated the 10th anniversary of Jacob’s membership of the Inner Bar, featured legal giants and other leading lights of the Inner and Outer Bar who pointed the way forward for the country’s never-ending battle to tame corruption.

One of the country’s leading lights in anti-graft prosecution since the advent of the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs (SAN), immortalised his mastery of the country’s criminal justice system on August 23, 2023, with the launch in Lagos of his book, “Rotimi Jacobs on Criminal Procedure”.

The event, which also celebrated the conferment of the rank of Commander of the Order of the Niger (CON) on Jacobs and the 10th anniversary of his membership of the Inner Bar, featured legal giants and other leading members of the Inner Bar who pointed the way forward for the country’s challenged anti-corruption war.

‘A fundamental aspect of legal jurisdiction’

One of the top guests was Lagos State Governor Babajide Sanwo-Olu who praised Jacobs for creating time to write and “availing people of the benefits of his rich knowledge and experience on a very fundamental aspect of legal jurisdiction.”

Sanwo-Olu, who was represented by the Secretary to the State Government (SSG) Bimbola Salu-Hundeyin, recommended the book “to all with the assurance that it will assist in deepening our understanding of the admin of criminal justice law in the country.”

He added: “The administration of criminal justice is a critical part of our body of laws which has undergone reforms at various levels with the overriding objective to facilitate procedures for fair and speedy dispensation of justice.

“Lagos State has been at the forefront in this regard and this is a key factor in the progress we have achieved in our justice system.

“The law or justice system is not static. It keeps evolving and we must keep our system up to date with best global practices and standards;

“We must all commit ourselves to upholding the tenets of the law. The bar and the bench have significant role play and must work together to ensure that the law achieves the desired objectives.”

How Nigeria can tame corruption, by Agabi

A former Attorney-General of the Federation (AGF) and Minister of Justice Kanu Agabi (SAN), who was the father of the day, praised Jacob’s role in tackling graft, comparing him to the late human rights lawyer Chief Gani Fawehinmi (SAN)

He said: “A tribute to you, Rotimi, is a tribute to Chief Gani Fawehinmi, at whose feet you started in this profession. The work that you have been doing in prosecuting those who have come under suspicion of crime is consistent with the expectations of that great patriot.”

The elder statesman urged the government to act fast against graft, saying the justice sector and law enforcement and anti-graft agencies were overwhelmed.

Agabi said the Judiciary, the Police, the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) can no longer cope with the volume of corruption allegations they receive.

He identified six kinds of reforms the country must implement to solve the tame the problem.

They are quality and relevant education, ending governance founded on patronage, economic self-reliance, putting square pegs in square holes in appointments and relaxing state boundaries.

Agabi said: “We should not hope to solve the problem of corruption as long as the education we offer our young does not equip them for life, as long as the government is founded on patronage, as long as the nation is not self-reliant, as long as people are appointed into high offices for which they are not qualified, as long as the boundaries of the states are rigid.”

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Praising Jacobs’ sterling record as a conscientious anti-graft jurist, Agabi lamented the country’s slide to dangerous corruption levels.

He reasoned that but for relentless men like Jacobs, the situation would be even direr.

Quoting copiously from scripture and referencing the parable of the prodigal son, the eminent lawyer urged Nigeria to return to honesty and accountability.

The Silk noted that laws were not the country’s problem, adding that law enforcement agencies are only as good as their personnel.

Agabi said: “Let me start by saying that the laws against corruption are not new. They have always been there. They are as old as the nation itself.

“However good they are, they are not self-enforcing. They require good men and women to enforce them.

“As important and as vital as the institutions that the nation has established to combat corruption and crime, they are limited institutions.

“They are founded on the premise that crime will be limited. If crime becomes unlimited, these institutions cannot cope.

“And that is what has happened. With the advent of civil rule, the pendulum swung from one extreme of dictatorship to the extreme of liberalism.

“Corruption has permeated every department of the nation. The police cannot cope. The judiciary cannot cope. The EFCC and the ICPC cannot cope.

“Therefore, we must re-examine our approach to the fight against corruption.”

Other guests at the event included Justices, EFCC and ICPC chairmen and eminent SANs including Chief Wole Olanipekun, Femi Falana, Richard Ahonaruogho, Muiz Banire (SAN), Dr. ‘Kemi Pinheiro (SAN), Kunle Adegoke, Muhammad Belgore, Dele Adesina, among others.

‘Jacobs succeeded despite travails prosecuting politically exposed persons’

Activist-lawyer Femi Falana (SAN) also commended Jacobs for ‘codifying’ his criminal prosecution experience, which he did at great personal risk.

Falana added: “I’m happy that we’re celebrating him. This fellow has gone through a lot in the society. His life was threatened. His liberty was threatened because he was prosecuting the principalities in our society, very dangerous, politically exposed persons. But Rotimi stood his ground. He was as constant as the Northern Star.”

The celebrant’s brother, Rotimi Oyedepo (SAN) also praised Jacobs for the feat, saying the book was a rich resource for criminal matters.

“Having had the privilege of reading the book, I believe it will serve as a comprehensive resource for anyone seeking to expedite the determination of criminal matters. It has the potential to resolve many contentious issues within criminal jurisdiction,” Oyedepo said.

Why the book?

The author noted that there seemed to be a dearth of readily available, up-to-date resources to help actors in a criminal trial, adding that this was affecting judicial decisions.

The top EFCC prosecutor expressed hope that the book would help change this.

Jacobs said: “Over the past 32 years, I have been practising law, but unfortunately, I have lost more cases in the last three years than I have in my entire career.

“It seems that the law is not being appreciated, especially by those who are responsible for enforcing it.

“Judges are struggling to find a comprehensive guidebook, particularly for criminal cases, which is affecting the outcomes in our courts.

“It’s disheartening to see the absence of great legal minds that used to guide judges in the past.

“However, I am hopeful that we can correct this situation with the help of experienced authors and legal experts.

Importance of ‘Rotimi Jacobs on Criminal Procedure’

An Associate Prof at the Faculty of Law, University of Lagos, Dr. Akeem Bello, who reviewed the book, noted that the main purpose or vision of the author “is to guide judges, legal practitioners, and academia.”

He noted that the book is preceded by a couple of other books that attempted to provide commentaries on the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC) as well as the Administration of Criminal Justice Act (ACJA), 2015.

But that “What makes the effort by Mr. Rotimi Jacobs, SAN, unique and necessary is the depth of the analysis he offered on each provision of the ACJA. The analysis of each provision covered the scope of its application, the changes. if any, between the provisions and the CPA and CPC, and a thorough examination of all issues raised by the provisions with the aid of Nigerian judicial authorities, relevant authorities from India, the United States of America, and England.

“The author also robustly and thoroughly explained and analysed cognate Nigerian legalisations that impact some of the provisions of ACJA. It is my submission, ladies, and gentlemen, and you will agree with me after concluding this review, that this book fills a significant knowledge gap in criminal justice jurisprudence in Nigeria”

The don congratulated the author, and recommended both volumes of the book to all.

Bello added: “The two-volume Rotimi Jacobs on Criminal Procedure are worthy and monumental contributions to the jurisprudence of criminal procedure in Nigeria.

“The clarity of thought, insightful analysis, comparative depth, and the number of relevant judicial authorities cited to explain and expound the provisions of the Administration of Criminal Justice Act (ACJA), 2015, make the two volumes comparable to similar legal classics in the mould of Brett and McLeans’ The Criminal Law and Procedure of Six Southern States of Nigeria, and the great Archbold Criminal Pleadings Evidence and Practice.

“Present and coming generations of Judges, Legal Practitioners, Academia, and Law Students will find the two Volumes a treasure to keep.”