Category: Law

By John Austin Unachukwu

President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has urged  lawyers  to join hands with his executives to actualize the dreams of the Bar Association by contributing their quota to improve the welfare of Nigerian Lawyers

He stated this while constituting the standing and Ad-hoc committees of the association

He said: “The NBA Constitution, per section 12, establishes eleven (11) Standing Committees and provides their terms of reference which are structured to actualise the core objectives of the NBA.

According to him, the NBA Constitution also empowers the National Executive Committee (NEC) to constitute Ad-hoc Committees to deal with issues and matters as circumstances may dictate.

The NBA President noted that  in the recent past, not all of these Committees have been empanelled or set up to function.

He remarked that the constitutional mandate given to each of these Committees is of such significance to our profession that they must be set up.

He said it was with determination to uphold the constitution that his administration decided to set up the Standing Committees and  Ad-hoc Committees with terms of reference that cover several thematic areas that require urgent intervention “if we are to realise our resolve to build an Association that works for all.”

Akpata said while a number of these Committees have since commenced work, others will now be taking over from and/or liaising with my team regarding the work that we have done thus far on their specific subject areas.

“It is my expectation that through the concerted efforts of the National Officers, our Branches, our Sections, the various organs of the NBA and these Committees, the NBA would be able to implement its programmes and realise its immediate goals which include the welfare of the members of the Association; advocating for better working conditions for lawyers; creating sustainable professional development structures; reforming the institutional and governance processes of the NBA; running an inclusive Bar that recognises the variety of opinions within the Association; advocating for the independence of the Judiciary, promotion of the rule of law, and reforms in the administration of justice in Nigeria; and above all, the need to lay the foundation for the modern practice of law in Nigeria.”

He said the membership of the Committees, which is representative of the abundant human resources available in the Association, has been painstakingly selected to actualise the above objectives”

NBA President constituted the committees as follows:

He said the NBA has a critical role in the maintenance and defence of the integrity of the Judiciary in Nigeria. In particular, we have a critical role to play in the appointment, training and retraining of judicial officers, and to advocate for adequate remuneration of judges, the overall independence of the judiciary and in making better the experience of our members and indeed the society at large when dealing with the Courts.

He said to ensure a systemic and coordinated approach to dealing with the Judiciary, and to ensure a continually improved Bar and Bench relationship, the following team has been put in place as Judiciary Committee: Dr. Babatunde Ajibade, SAN (Chairman) – Lagos;  Ade Okeaya-Inneh, SAN (Co-Chair) – Abuja;  Sanni Katu, SAN – Kaduna;  Funmi Roberts – Ibadan; Caleb Dajan – Jos; Patrick Osu – Lagos;  D.G. Hassan – Bauchi;  Agba Eimunjeze – Lagos.

Others are Adeyemi Adewunmi – Ado-Ekiti;  G. C. Obi – Onitsha;  Adizua Okoroafor – Umuahia;  Akinyemi Aremu – Abuja;  Isaiah Bozimo (Secretary) – Abuja; Leader Leneke – Yola and  Sheila Ogbise – Sagbama.

Members of the Welfare Committee include   Yakubu Maikyau, SAN (Chairman) – Abuja;  Emeka Ozoani, SAN (Co-Chair) – Ikeja;  Kunle Edun (National Welfare Secretary) – Warri;  Raymond Isitor – Agbor;  Auta Nyada – Suleja;  Austin Echo – Otukpo ; Ogaga Emoghwanre (Secretary) – Benin;  Gabriel Ekpagha – Ikorodu.

They also include  Nekabari Annah – Bori; Osahon Omoruyi – Lagos;  Christiana Ndife – Awka; Ibrahim Al-Hussain – Gombe; Barnabas Ehinomen – Bwari; Hope Anemhen – Abakaliki and . Isiaka Jamiu – Okehi

The Remuneration Committee set up  to ensuring that  members have better working

conditions and earn decent wages is made up of  Anthony Nwaochei (Chairman) – Lagos; Seyi Olawunmi (Co-Chair) – Ikeja;  Joshua Usman – Lokoja;  Irene Pepple – Port-Harcourt; Ronke Adeyemi – Ilorin;  Reginald Aziza – Lagos;  Ibrahim Effiong – Jalingo;  Ekemini Udim – Uyo; . Mohammed Gimba – Minna; . Petrus Elechi – Onueke;  Chuks Nwanna – Lagos;  Kelechi Nwuzi – Port-Harcourt ; Barbara Omosun (Secretary) – Abuja; David Etido – Lagos and  Chijioke Ifediora – Awka.

The Legal Education Committee is composed of Prof. Dakkas J. Dakkas, SAN (Chairman) – Jos; . Prof. Damilola Olawuyi, SAN (Co- Chair) – Ado-Ekiti; . Prof. Sylvester Shikyil, SAN – Bukuru;  Prof. Momodu Kassim Momudu – Benin;  Prof. Agbo Madaki – Abuja;  Prof. Yussuf Dankofa – Kaduna ;  Dr. Obioma Onyi-Ogele – Awka;  Tobenna Erojikwe – Lagos;  Anu Eso – Lagos;  Goddy Umoh – Uyo;  Wale Irokosu – Lagos; Adamson Adeboro – Abuja; Tolu Aderemi – Lagos;  Glory Ozoemenam – Okehi and  Ayi Ekpeyong (Secretary) – Lagos.

Members of the Human Rights  include  Chief Mike Ozekhome, SAN (Chairman) – Abuja;  John Aikpokpo-Martins (Co-Chair) – Warri; . Aikhunegbe A. Malik, SAN – Abuja;  Lawrence Nwakaeti – Owerri;  Abdul Faskari – Funtua;  Isaac Ogbah – Ota; Kola Alapinni – Abuja;  Bernard Oniga (Secretary) – Lagos;  Victor Nwakasi – Lagos;  Aysha Ahmad – Zaria;  Prof. Theodore Bala Maiyaki – Gwagwalada;  Desmond Orisewezie – Lagos;  Benjamin Sati – Gombe: Jennifer Akpoguma – Udu and  Jayeola Okungade – Okitipupa.

The Law Reform Committee include Mohammed Dele Belgore, SAN (Chairman) – Lagos;  Dr. Ehiogie West-Idahosa (Co-Chair) – Benin;  Prof. Deji Adekunle, SAN – Abuja;  Prof. RACE Achara – Enugu;  Dr. Sam Amadi – Abuja ; Eno Mbanugo – Lagos;  Kelvin Ejelonu – Sagbama;  Mayowa Owolabi – Lagos;  Aisha Ado- Abdullahi – Kano ; Paul Daudu – Bwari ;  Ogbom Goodluck – Port-Harcourt; K. K. Oguejiofor- Onitsha; Kenneth Okwor (Secretary) – Lagos; John Aruoture – Warri and . Ovonlen Ebhohimhen – Benin

The membership of the Public Interest Litigation Committee include  Dr. Charles Mekwunye (Chairman) – Lagos;  Dr. Olumide Ayeni, SAN (Co-Chair) – Abeokuta;  Dr. Paul Ananaba, SAN (Chairman NBA-SPIDEL);  Kunle Edun (National Welfare Secretary) – Warri;  Dr. A.O. Giwa- Warri;  Aderemi Oguntoye – Lagos;  Boonyameen Lawal (Secretary) – Abuja;  Solomon Oho – Lagos; Gloria Ballason – Kaduna;  Malachy Odo – Lagos; Olumide Babalola – Lagos;  Baba Isah – Abuja;  Amaka Ezeno – Awka;  Auwal Yau – Kano and  Wisdom Adike – Sagbama

The Anti-CorruptionCommittee include  Babajide Ogundipe (Chairman) – Lagos;  Paul-Harris Ogbole, SAN (Co-Chair) – Abuja;  Emmanuel Akomaye – Abuja;  Michael Asugo – Warri;  Yakubu Galadima – Lagos; Marx Ikongbeh (Secretary) – Abuja;  Habeeb Lawal – Asaba;  Andrew Ubido – Warri; Steve Ugamah – Abakaliki ; Promise Madubuobu – Lagos;  Lawal Hudu – Birnin-Kebbi ; Kelechi Onwuegbuchulem – Lagos; Chigbo Okafor – Badagry; Nnaemeka Egonu – Onitsha and Ifeoma Adaghara – Enugu.

The Disciplinary Committee members includes:  Yunus Ustaz Usman, SAN (Chairman) – Kaduna;  Funke Aboyade, SAN (Co-Chair) – Lagos;  Oladele Olaniyan – Kano;  Uba Anene – Awka; Ekanem Ekanem – Uyo;  Chief Oseloka Osuigwe – Nnewi; Kehinde Daodu – Lagos;  Maureen Bolowotan – Ikorodu; Christopher Echie – Abuja ; Yohanna Latong – Kafanchan; Rose Briggs – Port-Harcourt; Dennis Agbaga – Effurun;  Ikenna Onwusika (Secretary) – Lagos; Tony Atambi – Calabar and  Afolabi Adesanmi – Akure.

Members of the committee set up for the Future of Legal Practice included:  A. U. Mustapha, SAN (Chairman) – Abuja; Dr. Adeoye Adefulu (Co-Chair) – Lagos; Folashade Alli – Lagos; Ezenwa Anumnu (Secretary) – Abuja;  Oyinkan Badejo-Okusanya – Lagos;  Abdul-Muhsin Wakawa – Keffi; 7. Enie Otrofanowei – Warri; Prof. Olawale Ajai – Lagos; Rockson Igelige – Oleh; Clinton Nwaba – Ikorodu; Emokiniovo Akpedeye – Warri; Faith Amarachi Okpara – Owerri; Kunle Ajagbe – Lagos;  Abdulrahman El-Ibrany – Gombe  and Justice John – Lagos.

The Secretariat Restructuring Committee are Dr. Joe Abah (Chairman) – Abuja; Desmond Yamah (Co-Chair) – Abuja; Emeka Obegolu – Abuja; Jonathan Taidi – Minna; Osita Okoro – Abuja; Ifueko Alufohai – Benin;  Desmond Ogba – Lagos

Tola Onayemi – Abuja; Toritseju Okoturo – Lagos; Subomi Chuku – Abuja; Bukola Olabiyi – Lagos; Iniruo Wills – Port-Harcourt;  Aliyu Isa Abubakar – Gwagwalada; Jonathan Ekperusi – Effurun and Temitayo Etomi – Lagos.

The Digital Committee is composed of Basil Udotai (Chairman) – Abuja; Rotimi Ogunyemi (Co-Chair) – Lagos; Israel Aye – Lagos; Kassim Sodangi – Abuja; Adeleke Alex-Adedipe – Lagos; Theodora Kio-Lawson – Lagos; Nneka Ofoma – Onitsha; Sanni Abbas – Abuja; Oliver Omoredia (Secretary) – Lagos; Afolabi Araromi – Lagos; Timi Omimakinde – Jos; Oyinkansola Fawehinmi – Lagos; Ugochi Igwenyi – Calabar;  Olamide Idowu – Ibadan and Mohammed Nasir Ibrahim – Kaduna.

Members of the Electoral Committee are  Ayo Akintunde, SAN (Chairman) – Lagos;  Mike Igini (Co-Chair) – Ikeja; Nnenna Ukoh (Secretary) – Enugu;  Basil Udotai – Abuja;  John Owubokiri – Port-Harcourt; Ama Etuwewe, SAN – Warri;  Oludayo Olorunfemi – Ikere-Ekiti; Rotimi Ogunyemi – Lagos; Mas’ud Alabalewe – Barnawa;  Hadiza Nasir Ahmad – Kano; Andrew Odum – Asaba and Altine Ibrahim – Damaturu.

The NBA Finance Committee include Olaseni Adio, SAN (Chairman) – Lagos;  Mazi Okechukwu Unegbu (Co-Chair) – Lagos; Nnamdi Anagor (National Financial Secretary) – Awka; Anthony Iroagalachi – Barnawa;  C. C. Onwuzulike – Onitsha

6. Chike Obianwu – Lagos; Amina Ibrahim – Maiduguri; Tony Iloka – Abuja;  Osadolor Okunkpolor – Benin; Oyeyemi Oke (Secretary) – Lagos; Ms. Sayo Adeleye – Ibadan;  Salisu Abubakar – Ungogo; Folarin Aluko – Abuja; Greg Otsu – Lagos and  Angus Chukwuka – Port-Harcourt

The Dispute Resolution Committee include Chief Bolaji Ayorinde, SAN (Chairman) – Lagos; Nella Adem-Rabanna, SAN (Co-Chair) – Calabar;  Godwin Omoaka, SAN – Lagos; G.O.K Ebowe – Warri; Godfrey Ekoh – Enugu;  Bob C. Ijioma – Lagos; Godwin Odimabo – Port-Harcourt;  Muslima Nagode – Ilorin;  Lawrence Erewele (Secretary) – Abuja; Chijioke Odu – Abuja; Osayuki F. Obasohan – Oleh;  Umeh Maduka – Port-Harcourt;  Ahmed Loko – Keffi;  Jonathan Agbo – Ibadan and Evo Aka – Afikpo.

The NBA Editorial Board include Prof U. U. Chukwumaeze, SAN (Chairman) – Owerri; Prof. Peter Akper, SAN (Co-Chair) – Abuja

3. Prof. Nathaniel Inegbedion – Ekpoma; Dr. Wale Olawoyin, SAN – Lagos; Dr. Dapo Olanipekun, SAN – Lagos; Dr. Akpo Mudiaga-Odje – Warri; Dr. Aminu Gamawa – Bauchi; Douglas Ogbankwa – Benin; Anne Agi – Ogoja; Amaka Iguh – Awka; Dr. Newman Richards – Asaba; Chidiebere Iloko;  Raymond Nkannebe (Secretary) – Lagos;  Ogbonna Agbafo – Lagos and  Marvin Ogah Ibem – Ikeja.

The already inaugurated General Purposes Committee is composed up of  Kpajie Nnamdi Ibegbu, SAN (Chairman) – Onitsha;  Chief Albert Akpomudje, SAN (Co-Chair) – Warri; Pat Igwebuike (Secretary) – Oji River; Dr. Garba Tetengi, SAN, mni, – Jos;  Dorothy Ufot, SAN – Lagos;  Olalekan Ojo, SAN – Ibadan; Tolu Aderemi – Lagos ; A.Y. Abubakar – Sokoto;  Abigail Waya – Lafia;  Chief Serena David Dokubo-Spiff – Port-Harcourt ; Leader Leneke – Yola;  Fatimah Dattijo-Mohammed – Abuja;  Tobenna Erojikwe – Lagos;  Aderemi Oguntoye – Lagos and  Desmond Ogba – Lagos.

Members of the Sports and Recreation Committee are  Yahaya Maikori (Chairman) – Lagos; Cecilia Ugbuji (Co-Chair) – Ogoja; Emmanuel Oriazuwa – Ikeja; Gabriel Ugwu – Awka; Augustine Ibolo – Abuja;  Callistus Onyedoga – Ukwa; Olujimi Olujide-Poko (Secretary) – Abuja; Femi Oyewole – Lagos; Stella Akupue – Abuja;  Victory Iluogu – Lagos;  Bright Odia – Lagos;  George Nwabunike – Lagos; Mohammed Iguodala – Benin;  Damilare Ojo – Abuja and Caleb Owowo – Bwari.

Members of the Technical Committee on 2021 Conference Planning  tasked with the responsibility of delivering a world class Annual General Conference (NBA-AGC) for our Association in August are Victor Frank – Briggs (Chairman) – Port-Harcourt; Akin Ajibola (Co-Chair) – Ikeja;  Basil Udotai – Abuja;  Kolade Olawuni – Lagos;  Soibi Ovia (Secretary) – Lagos;  David Ngwee – Enugu;  Rotimi Ogunyemi – Lagos; Ebiere Ekpese – Sagbama;  Sanni Idris – Kaduna;  Añulika Osuigwe – Abuja;  Nta Ekpiken – Lagos; Jonathan Molmela – Gombe; Ugochukwu Ehirim – Warri; Stephen Kanu – Ibadan.

 

Others are Nkiru Osuala – Port-Harcourt; Damola Dawodu – Lagos; Inemesit Dike – Port-Harcourt; Sopakiriba Batubo – Degema; Toju Okoturo – (NBA Secretariat);  Ayodeji Oni – (NBA Secretariat); Uju Nwanna – (NBA Secretariat)

22. Damilare Ojo – (NBA Secretariat) (Ex-Officio); Mr. Ayuli Jemide – Chairman NBA-SBL; Mr. Seun Abimbola, SAN – Chairman NBA-SLP; Dr. Paul Ananaba, SAN – Chairman NBA-SPIDEL; Prof. Oluyemisi Bamgbose, SAN – Chairperson NBA-WF
23. Mr. Tobi Adebowale – Chairman NBA-YLF; Mr. Samuel E.C. Nwosu – Chairman NBA Ukwa Branch; Mr. Scott Ayo-Okhiria – Chairman NBA Ughelli Branch and Mr. George Abah – Chairman NBA Otukpo Branch.

 

CONSTITUTION REVIEW COMMITTEE

The Constitution Review Committee members are Yussuf Asamah Kadiri, SAN (Chairman) – Lagos; Afam Osigwe, SAN (Co-Chair) – Abuja;  Prof. George Izevbuwa – Benin;  David Oluwagbami – Lagos; Ben Oji – Warri; Nnamdi Eze – Oji River;  Abdulrahman Okunade – Osogbo; Emmanuel Jewo – Ughelli; Chibueze Oguchienti – Onitsha; Lucky Ekarume – Lagos; Ahmad Abdul-Gaffar – Katsina; Orji A. Uka (Secretary) – Lagos;  Baffa Alasan – Dutse;  Agbada Stephen Agbada – Lagos and  Uchenna Mbaeke – Enugu.

 

 

The on-going process for the appointment of Justices for the Court of Appeal has continued to generate varying reactions. In this piece, Ahuraka Yusuf Isah, Senior Special Assistant to the Chief Justice of Nigeria (CJN) on Media, sheds light on what informed the choices made so far.

For quite some time, there have been some complaints against the ongoing exercise of appointing some justices for the 20 vacant positions at the Court of Appeal Bench.

Complaints Against Appointment of Court of Appeal Justices

While some said the appointments offended Section 14 (3) of the 1999 Constitution (as amended) on the ground that Federal Character Principle was not observed because the appointment was based on ‘’ethnic, religious and primordial reasons,’’other writers said the list compiled by President of the Court of Appeal was jettisoned in favour of the one later compiled by the Federal Judicial Service Commission (FJSC) with the handwriting of the politicians.

The FJSC’s list, the critic said, was prepared under the guise of the principle of Federal Character and geographical spread, saying under the NJC Guidelines for Appointment of Judges, Federal Character is the least factor for consideration for appointment of judicial officers. Besides, the writers who double as lawyers held that the names of candidates from the North consist of only Muslim Judges. ‘’No single Christian Judge, featured in the list’’. They further alleged that none of the lawyers that applied was considered or appointed, saying ‘’only members of the Bench were nominated for appointment to the Court of Appeal, to the exclusion of the Bar and Academia’’.

It is not healthy in an argument to approbate and reprobate or approve and disapprove, for in one hand saying the appointments were not spread and in another saying they were tilted in favour of federal character principle rather than merit. At the risk of sounding immodest, the petitions or allegations were either borne out of mischief or ignorance of procedural rules for the appointment of judicial officers, as there were more syllables than proof of evidence.

What stands the Judiciary out amongst the three arms of government is the iron-cast practice with relevant rules and standards of conduct for all its activities or undertakings. From appointment to promotion, disciplining, to retirement or resignation of the judicial officers, there are procedural rules and regulations governing them.

Procedural rules for appointment of judicial officers

The need for a change in the criteria for the appointment of judicial    officers in Nigeria prompted judiciary leadership to come up with the new Revised National Judicial Council (NJC) Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria in 2014.

It was clear then that the old Guidelines and Rules had become unworkable as it saw anachronisms such as the limitation that saw only Justices of the Court of Appeal, as of right, making it to the Supreme Court of Nigeria. Under the new, more rigorous and transparent rules, any qualified legal practitioner with the requisite intellect has the opportunity of making it to any Court in the land and even to the posts of Heads of Federal and States Superior Courts, including the Chief Justice of Nigeria.

The  ‘’Revised 2014 NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria’’  dictate steps required to follow, for instance from the point of nomination till the point of appointment of the nominees which must be followed. It would be discerned from below that there can never come a condition to warrant the President of the Court of Appeal (PCA) list and the Federal Judicial Service Commission (FJSC) list because one must give rise to the other. The FJSC list is always derived from the list produced by the PCA.

Rule 1 states that, ‘’the Federal Judicial Service Commission (FJSC), State Judicial Service Commission, Judicial Service Committee of the FCT shall comply with these Rules in their advice to NJC for nominations or recommendations of candidates for appointment of Judicial Officers for the Superior Courts of Record under the 1999 Constitution (as amended).

Rule 2 (2) (a) states, ‘’whenever the Head of a Federal Court proposes to embark on the process for appointment of candidates or candidate to the office of judicial officer of a federal court of which he/she is the head, notice shall be given to the Chief Justice/Chairman of the FJSC stating the number of Judicial officers intended to be proposed for appointment’’.

Rule 2 (4) says that, ‘’the Secretary shall upon receipt of the notice, advise the Chief Justice/Chairman of the NJC in regard to the number of judicial officers that can be appointed pursuant to the notice, having regard to relevant budgetary provision in the budget of the council for the year…’’

The PCA certainly notified the CJN in writing and declaring 20 vacancies in the Court of Appeal Bench, and in compliance with the Rule 2 (4), the agreed number of judicial officers to be appointed are made public. The PCA writes to Chief Judges of 36 states and that of the FCT High Court, Chief Judges of the Federal High Court, Minister of Justice and the President of Nigerian Bar Association calling for nominations.

Rule 3 (a) states; ‘’Upon receipt by the Judicial Service Commission/Committee concerned of the decision of the Chief Justice/Chairman of the National Judicial Council rendered pursuant to Rule 2(4) advising that the exercise be proceeded with the relevant Judicial Service Commission/Committee shall:

Call expression of interest by suitable candidates by way of public notice placed on the website of the Judicial Service Commission/Committee concerned, notice Boards of the Courts and notice Boards of Nigerian Bar Association Branches; write to every other head of Superior Courts of Record in Nigeria and to every Judicial officer of the court concerned asking for nomination of suitable candidates for the proposed judicial appointment; write, in the case of appointment to a Federal Court, to the President, Nigerian Bar Association…’’

Rule 3 (b) In the case of appointment of Judicial Officers for Court of Appeal and Supreme Court of Nigeria, the President of the Court of Appeal/Chief Justice of Nigeria shall as the case may be, write to Heads of Courts, serving Justices of Court of Appeal/Supreme Court of Nigeria and President of the Nigerian Bar Association asking for nomination of suitable Judicial Officers/Legal Practitioners for appointment as Justice of Court of Appeal/Supreme Court of Nigeria.

Rule 3 (2) states; ‘’Any person nominating a candidate must do so in writing and indicate clearly and in detail, that he/she has sufficient personal and professional knowledge of the candidate’s requisite attributes for a reasonable period of time as would make him competent to make the nomination. He/she shall expressly certify that from his/her personal knowledge of the candidate, the candidate possesses the qualities set out in Rule 4 (4)(i)(a)-(b) of these Rules; and, where applicable the qualities set out in Rule 4(4)(i)(d) and/or (e).

All the nominations or recommendations for the appointment of the Court of Appeal justices are forwarded to the President of the Court of Appeal who in turn constitute a committee and screen these preliminary nominees based on laid down criteria at that level. With the 20 vacant seats to fill, the PCA would produce a list of 80 nominees which would be forwarded to the FJSC.

The FJSC is made up of the CJN, PCA, AGF among others. The commission would further screen the list based on laid down procedure and criteria and come up with 40 nominees made up of 20 on priority list and 20 on reserve list. The FJSC would consequently forward its priority and reserve lists to the NJC, who then interviews them and come up with 20 for appointment.

Rule 6 (1) however states that, ‘’every candidate/judge/justice/chief judge/legal practitioner, who has been shortlisted shall undergo interview to be conducted by the National Judicial Council to ascertain his or her suitability for judicial office sought’’.

At this juncture, the success of the candidate depends on his or her performance and other factors during the interview. Experience has shown that several nominees on the reserve list perform more than those on priority list and consequently appointed instead.

Appointment of Lawyers to Appellate Courts

Rule 3 (6) of the Guidelines encourages competition between Bar and the Bench for the  judicial officer’s appointment to vacant judicial offices and that that be determined among other requirements of the number of judgements delivered and number of cases contested at the Bar. The provision state unequivocally thus, “and in the case of appointment from the Bar, evidence of 6 contested cases in the last five years; (ii) sound knowledge of law, (iii) seniority at the Bar and or the Bench, (iv) Federal Character or geographical spread and where necessary and possible, without compromising the independence of the judiciary or allowing politics to permeate or influence the appointment”,

Although, the main purpose of the new guidelines was to stop Judges relying on mere seniority in the system for promotion onto higher Bench, but experience has shown that no matter how lazy a judge is, it would be difficult for a lawyer to compare number of cases he contested with number of judgement delivered by a judge at a given period of time. Of course, an average judicial officer can boast of 10 times of judgements submitted by a highly rated senior advocate.

Geographical Spread of Judicial Appointment

Appointment of the Supreme Court justices is done in such a way that it reflects the federal character principle, to the extent that at least 3 and at most four out of the current 21 justices come from each geo-political zone of the country. The appointments of justices to other Federal Courts including the Court of Appeal follow this pattern of spread to assuage religious or ethnic nationalities in Nigeria.

• Ahuraka is SSA to the CJN on media

Having ‘Justice’ as part of your name is no guarantee that one is destined for a life in the legal sector. But Chito Justice Onyeama’s mum, nudged on by his grandfather – the late Justice of the Supreme Court Charles Onyeama – perhaps saw the future.  ‘Chito’ a 2017 alumni of the Enugu State University (ESUT) shares this story and others with ROBERT EGBE.

A novellist’s son

My name is Onyeama Chito Justice. I’m from Udi Local Government Area of Enugu State. My parents are separated. They have been for almost 30-years now. I am the fourth son. My father is a novelist and a publisher, while my mother is a businesswoman.

Fear of senior boys

I attended the University Primary School, Enugu, Enugu Campus. I also attended Federal Government College (FGC), Enugu — having partly attended Konigen Des Friendes College, Enugu.  I have an eclectic brew of memories during my pre-tertiary school days. The most nostalgic must be the ‘horrible days’ in boarding school (what we colloquially termed ‘Dorm’), back in FGC, Enugu. I nostalgically recall the horrible days we slept in classes, under trees, and even in bushes all for fear of ‘Senior Boys’! Back then, upon the slightest sight of a cluster of boys, a senior would let out a long drawn-out scream of summons that often came with shortly numbered counts. This meant that we would drop whatever we were doing and run like demons to the direction of the scream! The thought of ‘shirking away’ was often considered a deadly one!

Long lineage of lawyers

I attended The Enugu State University (ESUT). I had a myriad of challenges! First of all, I am inclined to see myself as a young man provided with a rare privilege to compete against others in an expensive league, but, unfortunately, without needed orientation and weaponry—so to speak.  I veritably came from ‘law’ itself (tongue-in-cheek). I have a great deal of legal luminaries in my family. It’s a proud fact to revel in, for me! My grandfather was a once Supreme Court judge and was the first Nigerian judge of the ICJ and The International Tribunal of The World Bank. His younger cousin, my Uncle, The late Hon. Justice Anthony Nnaemezie Aniagolu was also a Supreme-Court judge. His younger brother, the late Hon. Justice Byron Onyeama was a fierce and venerated High Court judge. However, I also happen to have a good deal of uncles and aunts who were/are successful Nigerian lawyers.

Mum’s role in choice of Law

To be candid, I should say that my mother in her intelligence and insight played the biggest role in motivating me to study Law.  My mother, I can vividly recall, had a seemingly close father-and-daughter relationship with my late grandfather. My mother, upon summons by my grandfather through his secretary, often visited his office-chambers in the 90s. And she often went carrying me along. My mother has always been consistent with the narrative that my late grandfather had promised to protect and fight for her both ‘in life and in death’—more or less, six months before he would pass on. My mother would always add that he prevailed on her to put me in the line of ‘Justices’. My mother would christen me ‘Justice’ — although I was told that it would stir epic outrage amongst some circles!

This narrative was bought by a great many. I grew up hearing it and subconsciously believing it to be an eventuality. People cheered me up with my name—‘Justice’—as though they also had a firm belief in its futuristic fulfilment. I must confess all these served and still serve as an incredible and inexplicable mental push for me!  I did not know what I might become — no one is God, but that kind of early instilment of a great positive belief in my subconscious as a child, proved and is proving incredibly great.

Law School was not as difficult as university

It was not as difficult as my university, I must confess. Everything was, to a relatively better extent, put in place. There were no negotiations of ‘basic academic standards’.  I can only concede to having had a terrible mental fatigue at an advanced point in the year. I became apathetic to any further long-reading, mental rigours!  I needed a First-Class passionately, because that would have come as a weapon to get back at my alma-mata for their many acts of professional indiscretions!

Law School didn’t stop me from unwinding

I was able to find time for recreational activities. I had my Law School in Abuja. So, right adjacent its campus gate are some hotels —Elim Suites, Lovitoes (and some other whose name seems to have fizzled past my memory). I often visited Lovitoz during the weekends to see football matches and also on Fridays to bask in the euphoria of its club-house.

Call to Bar

My Call to Bar was celebrated quite well. I was at my Uncle’s (a serving Nigerian minister). I had good memories with friends. Pictures and fares were had.

How I overcame panic on my first day in court

My first day in a court room was quite memorable! I was handed a file and directed to go and move a contentious Application at The Federal High Court, Ikoyi. I was told that I was to appear before, My Lord, The Hon.Justice Okon Abang. The thought of that task—appearing before such an erudite and fierce judge—caused a surging wave of apprehension to grip me in a cold panic! It was a contentious Garnishee Application. I recall that when my matter was called and I was to announce appearance and move my application, I was assailed by multiple stares from senior lawyers. I hadn’t even said anything when it had started to seem like my ears were hearing muffled mischievous laughter from behind. At that point my heart had started on a jazz-rhythm! The fiery-looking Justice Okon Abang would shoot such penetrating stare—his eyes looking like those of a hawk!  Counsel on the other side, having sensed my timidity, wanted to feed on my situation. I think that was what provoked anger to switch-on the braveness and confidence in me. Counsel mischievously attempted to alter facts, thinking that I was naive to see through his scheme, but I was stung to put up a daring intelligent remonstration, that would earn me the acclaim of the presiding judge and some senior lawyers.

Day I addressed a judge as a magistrate

Embarrassing courtroom experience? Yes, I must confess to have had. I remember misaddressing a judge with the conventional address of a Magistrate. It came as a slip-of-tongue. It elicited loud guffaws amongst observers in court! I felt terribly out of place!

‘Oppressive’ Law School grading system

The grading system was seemingly oppressive than progressive. People swept the board nevertheless, but it didn’t reflect the truest struggles and/or one who had the right attitude towards making the best grade.

Wig, gown are relics of imperialism

To be candid, putting on the wig and gown has a sense of profound prestige that it bestows. But of a truth, it was not designed for our relatively hot climate. It betrays an apparent lack of imagination on our part. I mean, we are still putting on what could pass for a relic of British imperialism. I think it high time we looked within ourselves and did away with it.

Judge, SAN or Professor?

Sometimes I see traits of an ‘SAN’ in me; sometimes I see a ‘jurist’ in me; and while sometimes, I see myself as a professor.  However, whichever comes, then may God’s name be praised!

By Eric Ikhilae, Abuja

It was a harvest of eulogies for the Attorney-General of the Federation (AGF) and Minister of Justice, Abubajaka Malami at a gathering in his honour on February 25, 2021 in Abuja as speakers highlighted his contributions to the justice sector’s development.

Speakers included the Senate President, Ahmed Lawan (represented by Senator Opeyemi Bamidele); his Deputy, Ovie Omo-Agege; the Group Managing Director, the National Petroleum Corporation (NNPC), Mele Kyari; Minister of Communications and Digital Economy, Isah Pantami, Senator Shehu Sani, Senator Ali Modu Sheriff and the Minister of the Federal Capital Territory (FCT), Muhammad Musa Bello.

Others were the Permanent Secretary, Federal Ministry of Justice and Solicitor General of the Federation, Dayo Apata (SAN), Senior Advocate of Nigeria, Oladipo Okpeseyi and representatives of the Nigeria Police Force (NPF), among others.

They were unanimous that Malami had positively impacted the nation’s justice sector since assuming office over four year ago.

They spoke at the public presentation of a book: “Contemporary issues in Nigerian law and practice,” a collection of essays, written in Malami’s honour.

The about 690-page book, with contributions from about 51 individuals, was edited by Professor Mohammed L. Ahmadu, Dr. Umar J. Gwandu and Nafiu Yakubu.

Omo-Agege particularly, hailed Malami  for his contributions in promoting the rule of law and his efforts in the successful repatriation of looted funds from foreign lands.

The Deputy Senate President added that Malami’s “initiatives and concerted efforts have helped in proffering solutions to the contemporary challenges in the justice system.

“The AGF”s office has been working commendably with the National Assembly,” he said, adding that Malami has worked to ensure that the nation’s laws address the country’s dynamism by evolving legal frameworks to address financial corruption, sexual violence, among others.

On his part, Kyari made reference to the Process and Industrial Development Ltd (P&ID) case as one of such instances where the AGF has assisted the country.

He said the case could have cost Nigeria about $9billion, but for the litigations spearheaded by Malami.

“We have never had it this good since Malami came on board,” the NNPC boss said.

Okpeseyi, who gave the keynote address, described Malami as a thorough-bred professional and an astute progressive with an amiable disposition.

He described the AGF as “an accomplished gentleman and thorough-bred politician….Minister Malami is god-fearing, focused, incorruptible, loyal and with an amiable disposition.

“The book was borne out of Malami’s quest for excellence, dedication and foresight”.

Apata, who noted that the AG, as against the common practice, also contributed to the book, said the AGF’s decision to also write, “depicts his scholarly mind as a practical, progressive and cosmopolitan Chief Law Officer, who believes that the instrumentality or apparatus of the law should be deployed to attain economic and human development.”

He added: “I wish to remark that the different contemporary issues that have been addressed in this book represent the different initiatives, interventions,policies, programmes, etc, which Abubakar Malami (SAN) represents and has been in the vanguard of championing them in aid of national development.”

Malami, who commended the. efforts of those behind the initiative, said the book is intended to document contemporary issues in the nation’s law and practice for the benefit of, among others, future generation.

“The book, I believe, will promote legal jurisprudence, reading culture and let people outside this clime know more about Nigeria’s legal system,” Malami said.

Abdulrasheed Bawa’s unusual combination of youth, intelligence and vast experience kindled Nigerians’ hope for an invigorated anti-graft battle. But his confirmation as the first substantive chairman of the Economic and Financial Crimes Commission (EFCC), in six years, was not without controversies, especially the perception that he might be a pawn in the hands of a powerful godfather in government. Lawyers tell ADEBISI ONANUGA that Bawa must show that he is his own man and rekindle the anti-graft war.

 

Last Wednesday, the Senate confirmed Abdulrasheed Bawa as chairman of the Economic and Financial Crimes Commission (EFFC).

This followed his February 16 nomination by President Muhammadu Buhari. Bawa succeeds the former Acting Chairman of the commission, Ibrahim Magu, who held the fort from 2015 to 2020.

Of the 109 senators representing the 36 states and Federal Capital Territory (FCT), Abuja, only 19 senators of the Red Chamber asked questions from Bawa before his confirmation.

After his confirmation, Bawa promised to lead by example as EFCC chairman. He also noted that the EFCC establishment Act empowered the commission to investigate any person suspected to have acquired unexplained wealth without any formal petition in consonance with Unexplained Wealth Order and Act (UWO/UWA) obtainable in advanced countries.

He said his qualifications, training, and rank in the commission qualified him for the job  and that he had received training as a law enforcement officer to function as an EFCC operative.

Qualification for appointment as EFCC Chairman

The EFCC Act 2004 states the criteria for the appointment of a person to the position of chairman of the commission.

Section 2(1)(i) of the EFCC Act 2004 stipulates that the Commission  shall consist of a Chairman who shall “be the Chief Executive and Accounting Officer of the Commission; Section 2(1)(ii) said the chairman must be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent; while Section 2(1)(iii) said the person so appointed must  “possess not less than 15 years cognate experience”.

Controversy over nomination

Bawa’s nomination by President Muhammadu Buhari was not without controversy. Firstly, there were arguments that Bawa was not qualified for chairmanship; that his level at the commission and qualification were not in conformity with legal requirements of the office.

But this was rectified on February 20, when Bawa was promoted alongside 88 others by the commission. They were moved from Grade Level 13 Principal Detective Superintendent (PDS) to Grade Level 14 Deputy Chief Detective Superintendent (DCDS) and with effect from January 1, 2021.

As at time of nomination, Bawa, 40, was a Deputy Chief Detective Superintendent with the EFCC and head of the Lagos Zonal Office. He is the first person to be appointed chairman of the EFCC without a background in the Nigerian Police Force.

Some stakeholders, however, viewed the elevation as a ‘cover up’ by government to make up for his deficiency.

There was also allegation of corrupt practices against his person during the disposal of some forfeited trucks in the Port Harcourt zonal office through public auction. But Bawa refuted the allegation before the Senate.

 

Allegations of compromise

Chairman of the Presidential Advisory Committee Against Corruption (PACAC) Prof Itse Sagay expressed fear Bawa might be compromised and not be allowed to work independently. Sagay was worried that the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) may exert undue influence on the activities of the new EFCC chairman.

Sagay, in an interview with The Punch, said the power of the AGF must be checked so as not to control the activities of the anti-graft agency under Bawa.

The PACAC Chairman was also uncomfortable with the fact that Malami and Bawa come from the same state.

According to him: “This issue is a very big question because I noticed that they both come from the same state of Kebbi and they may even be related. For me, that is not a very healthy thing because the chairman of the EFCC and the EFCC are supposed to be independent.

”They are not politicians, they are trained security officers. The Attorney-General is a politician who has all the weaknesses and loads of a politician. He has people he is obliged to. He has people who are close to him. Some of them may be criminals who might have committed crimes. In fact, some of them may deliberately do things because they think they know the attorney-general.

“So, in such a situation, if Bawa is related to the attorney-general, then there will be a problem because he will not be able to do his job freely because the attorney-general will certainly interfere.

”Malami has never been inclined to allow the anti-corruption agencies to operate freely. He is always sitting on their neck one way or the other.”

He added: “He has already indicated his tendency to interfere in both the EFCC and the ICPC with the regulations he purported to make months ago. So, I am not comfortable at all by the possibility that they might be related.

“I have complained about that several times and nothing has happened. In fact, he has become more powerful. So, I will not be comfortable if they are related. I don’t want any outside influence on the EFCC or the ICPC.”

In defence of Bawa

But not everyone shares Sagay’s view.

One of those who worked closely with Bawa as well as with Magu is Rotimi Oyedepo, an EFCC prosecutor.

Oyedepo, in a February 22 Facebook post, described Bawa as one of the best (if not the best) hands at the commission.

He said: “He has distinguished himself and is known for performing his statutory functions within the three cardinal pillars of the commission’s core values to wit: integrity, professionalism and courage.”

On allegation of oil theft and fraudulent sales of some trucks at Port Harcourt office,  Oyedepo said: “From the much I know of Mr. Abdulrasheed Bawa, at no point in his career was he ever arrested, detained and or investigated for any crime, let alone the fraudulent sale of recovered proceeds of crime which he investigated and prosecuted to a just conclusion. Truth be told, the man Bawa is a man of integrity.

“I can also attest to the fact that Mr. Abdulrasheed Bawa demonstrated his addiction to professionalism and courage at all the formations of the commission wherein he has served. He was posted to Ibadan Zonal Office of the commission as the head of the zone. At Ibadan, the nominee made serious indelible professional and courageous marks in the zone. With his effort, the conviction rate of Ibadan Zone increased exponentially.

“His leadership skills, professionalism and integrity also earned him his last posting to the largest operational hub of the Commission – Lagos Zonal Office. For those who know this Zone, the only conclusion they will come to is that Lagos Zonal Office is now a pacesetter and by far, the most organised Zone in the Commission. To mention but a few, his achievements in the Lagos Zonal Office includes; renovation of the entire premises, re-organisation of the hitherto disorganised recovered proceeds of crimes/exhibits, electronic movements register, migration from paper to digitalised means of official communication and information sharing, accurate data base and statistics, massive recovery of proceeds of crime and convictions.

“I also know that apart from his competence and capacity to lead the Commission, I am highly convinced that in view of the facts at hand and the provisions of section 1(2) of the Economic and Financial Crimes Commission (Establishment) Act 2004, Mr. Abdulrasheed Bawa is statutorily qualified to be appointed as the EFCC chairman.”

EFCC clears Bawa of fraud allegation

The EFCC, in a statement issued February 16, also gave Bawa a clean bill of health. The commission said Bawa had no record of corruption. It said Bawa was never arrested or detained over sale of any assets.

The clarification which was contained in a statement by its Head of Media and Publicity, Mr. Wilson Uwujaren, read thus:  “The Commission wishes to state categorically that, Mr Bawa was never arrested or detained over sale of any assets. As Zonal Head of the Port Harcourt Office of the Commission in 2019, Bawa’s responsibilities did not include the sale of assets as the Commission has a full-fledge Directorate of Assets Forfeiture and Recovery Management, which remit such matters reside.”

The statement further said: “The attention of the Economic and Financial Crimes Commission (EFCC) has been drawn to a report by an online publication, Peoples Gazette, alleging that Mr. Abdulrasheed Bawa, the Chairman-designate of the Commission, was arrested and detained by the Agency under former Chairman, Ibrahim Magu, over illegal sale of 244 forfeited trucks to proxies in Port Harcourt.

“The publication claims that the illegal sale was uncovered by the suspended Secretary to the Commission, Ola Olukoyede, who alerted the former chairman, Ibrahim Magu, leading to Bawa’s detention and subsequent redeployment to the EFCC Academy, Abuja.

”For the avoidance of doubt, the disposal of finally forfeited trucks in the Port Harcourt Zonal Office through public auction, was conducted after the exit of Bawa as Zonal Head. It is therefore, illogical for him to have been indicted over an auction that was not superintended by him.

“The auction of trucks at the Port Harcourt Office was among the issues examined by the Justice Ayo Salami Panel, leading to the suspension of some officers of the Commission.

“The Commission therefore enjoins the public to disregard the false publication which is believed to be sponsored by mischief makers to impugn the integrity of the EFCC Chairman-designate.”

But supportive attestations on Bawa’s  character notwithstanding, his  integrity remained questionable in the eyes of stakeholders, particularly considering that he is from the same state of origin as Malami and the hurried promotion to make him qualified for the EFCC top seat as stipulated by the law.

Should Bawa be allowed to work in office as “a willing tool…?”  How can the new helmsman maintain  EFCC’s independence and succeed in  office?

How Bawa can succeed

Leading legal practitioners including a former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN), Sylva Ogwemoh (SAN), activist-lawyer Chief Louis Alozie (SAN) and a former Commissioner of Ogun State Judicial Service Commission, Abayomi Omoyinmi, offered Bawa success tips.

Rebuild confidence in anti-corruption war, says Agbakoba

Agbakoba said it was good to have a fresh dynamic young face in the person of Bawa at the head of the EFCC, “Nigeria’s most important anti-corruption agency”, while also congratulating him on his appointment.

But Agbakoba did not mince word in telling Bawa of the many challenges that lay ahead.

He said: “Bawa must lead the agency on a different path to rebuild confidence in the anti-corruption war of government. New strategies are needed to move the agenda to a transformational new method of combating corruption.

“Three key matters concern investigations, prosecution and assets recovery. We need to see these processes driven by transparent, efficient and effective rules.

“The work of the agency can be lifted. This is the mandate that Mr Bawa is called upon to discharge. I wish him every success.”

Why Bawa must change the narrative, by Ogwemoh 

Ogwemoh said from Bawa’s credential, “it is clear that he is fit for the job because he has the requisite qualification, expertise and experience that is required for the office of the Chairman of the EFCC.”

According to him, the issue that came up concerning his rank as provided by the law, has also been taken care of by his promotion.

Ogwemoh however, saw Bawa’s relationship with Malami as a moral burden.

He advised: “Being a young man of 40 years, he has a long way to go. So, his performance in this office holds a lot for him, in terms of his future career and his integrity.“

Ogwemoh noted that Bawa had been in the EFCC for some time and “knows the challenges in the fight against corruption. He is better equipped to deal with the challenges judging from his experience in the fight against corruption.

“This appointment, therefore, offers an excellent opportunity for him to deploy his wealth of experience in the fight against corruption. His performance today will definitely, in my opinion, speak for him in the future.

“So, he should not look at it as if it is the last office he is going to hold in life. He should look at it as a stepping stone to greater things.

“Therefore, whatever moral burden his relationship with the Attorney-General holds against him now, if there is any, he can to an extent change the narrative by his performance in office and by doing what is right, what is just and what is required to win the battle against corruption in Nigeria,” he advised.

Can Bawa hold his own?

For Alozie, the extent to which Bawa can hold his own in office        “will depend on his rating in the cabal that controls the government.

“Whether he will dance to the tune of Malami or not will depend on his strength of character and personal integrity”.

The lawyer, who insisted that Bawa’s appointment remained controversial, contended that the EFCC had never, from its inception, been an independent organisation.

Alozie claimed that during the time of Nuhu Ribadu, the first chairman of the agency, the commission was manipulated by the presidency to witch-hunt political opponents and suppress dissenting opinions in a supposed democracy. The high point of which he said was selected prosecutions.

“We saw how some State Houses of Assembly were pressured by EFCC into impeaching their governors. A good number of these impeachments ended up being nullified by the courts for not following due process,” he added.

He said it was only during the tenure of Umaru Musa Yar’Adua/ Goodluck Jonathan, that there was a little bit of sanity in the affairs of EFCC, to the extent that there were no more arbitrary impeachments.

Alozie added: “However, the public opinion holds that corruption was at its peak at that time.

“When Buhari took over, the expectation was that corruption was going to be eliminated or at least drastically reduced but, unfortunately, corruption is now perceived to be more than what obtained during the Jonathan’s administration. The worst aspect was re-looting of recovered stolen assets by government officials.”

According to him, there is a lot of infighting between agencies of government with the wrath exposed during the fight between the immediate past chairman of EFCC Mr. Ibrahim Magu and the Attorney-General of the Federation Malami, with each accusing the other of corruption.

“It was public knowledge then that the struggle was more of power tussle in relation to who controls the EFCC, Magu lost out with a good number of the members of his cabal being called to question.”

Integrity, diligence as hallmark of office

Omoyinmi said for Bawa to succeed in office, he must exhibit a high and moral sense of integrity.

“In order to maintain independence and succeed in office Mr Bawa must show a high level of diligence, critical thinking, tolerance and above all scrupulous posture in the course of discharging the outright responsibilities bestowed on him as the new EFCC boss.

“He seems to me a refined young man suspiciously trained to attain this position to make a positive impact in the fight against graft,” he said.

Omoyinmi added: “The new EFCC boss is said to be one of the pioneer cadet officers at EFCC, and has also undergone specialised training in the different parts of the world, worked closely with National Crime Agency of UK and other international crime agencies and to that extent has gathered a lot of experience and expertise to head the position perhaps highly qualified for the post of the chairman.

“The confirmation despite occasioning controversy from some members of the public, has been laid to rest after his successful screening from the Senate, having also considered the provision of sections 2 and 3 of the EFCC (Establishment Act) 2004 on the composition of the EFCC and appointment of Chairman.

“I do not completely agree to the fact that the Attorney-General might influence his job and undermine anti graft war, this is a mere speculation, going by the profile of the new boss at the helm of affairs.

“His relatively young age is an added advantage coupled with his enormous training, I trust and believe that having risen to this enviable position, there’s no doubt that he is duty bound to discharge his duties without influence, fear, or favour.”

By Joseph Jibueze, Deputy News Editor

 

All eyes are on the appellate courts as parties await hearing dates on pending appeals over a bench warrant issued against the chairman of Seplat Petroleum Development Company Plc, Dr Ambrose Orjakor.

While an interlocutory appeal is pending at the Supreme Court, Orjiako’s main appeal is pending at the Court of Appeal in Lagos.

Justice Hadiza Shagari of the Federal High Court in Lagos issued the bench warrant against Orjiako for alleged contempt of court.

The arrest order was based on an application by AOS Orwell Limited, an oil service company.

The firm entered into an agreement on February 8 and 20, 2013 with Shebah Exploration and Production Company Ltd owned by Orjiako.

It was for the provision of “tubular running services”, “fishing and drilling tools”, “drilling jars and shock subs” and “supply of whipstock” to Shebah Exploration.

AOS Orwell submitted its invoice to the tune of $1,000,975.72 and N7,114,640.46 for services rendered to Shebah Exploration.

The payment ought to be made within 45 days in line with the terms of the agreement, but AOS Orwell said Shebah Exploration failed to pay up as agreed.

After several efforts to persuade the firm and Orjiako to liquidate the indebtedness, AOS Orwell commenced winding-up proceedings against Shebah Exploration.

Through its counsel Mr Kunle Ogunba (SAN) of Insolvency Forte, AOS Orwell also filed a motion ex-parte dated September 6, 2016, in which it sought preservative reliefs.

It sought an order of interim injunction restraining the respondent, its management and agents from operating, withdrawing from or tampering with the respondent’s funds in any bank in Nigeria, pending the hearing and final determination of the application for the appointment of a provisional liquidator in furtherance of the petition herein.

The firm also sought an order of injunction barring the respondent and its agents from tampering with its fixed and movable assets.

Along with the motion ex-parte, AOS Orwell filed a Motion on Notice praying for an interlocutory order appointing the Chief Registrar of the Federal High Court and/or any fit and proper insolvency and accounting practitioner of repute as provisional liquidator for the respondent.

The receiver-manager was to take charge and/or custody of all identifiable/traceable assets, properties, funds shares and/or interest in any organisation and other moveable or immoveable assets of the respondent within the jurisdiction.

The applicant, among other prayers, also asked for a consequential order restraining Shebah Exploration, its directors, staff, the management or other agents “from operating, withdrawing, dissipating and/or alienating any of the respondent’s funds in any bank or financial institution…”

Justice Shagari granted AOS Orwell’s application as prayed.

The firm said rather than comply with the orders, Shebah Exploration and Dr Orjiako allegedly flagrantly disobeyed them by tampering with the oil firm’s shares.

AOS Orwell accused Orjiako of selling a total of 10,863,088 shares belonging to Shebah Exploration in Seplat Petroleum Development Company Plc to Petrolin Trading Limited while the orders were subsisting.

The petitioner’s solicitors wrote to Orjiako to demand a reversal of the shares sale from Petrolin Trading to Shebah Exploration. Ogunba told Justice Hadiza that Orjiako did not revert the shares sale.

Consequently, AOS Orwell filed a Notice of Consequences of Disobedience of Order of Court (Form 48), thereby commencing contempt proceedings against Orjiako.

The petitioner informed the court that Dr Orjiako refused to purge himself of contempt, thus leading AOS Orwell to file a Notice to Show Cause why Order of Committal should not be made (Form 49).

Ruling on September 27, 2017, Justice Shagari held: “In view of all the foregoing the matter is adjourned to 16/10/17 for a report of settlement/hearing of contempt proceedings and the alleged contemnor to be in court.”

On the next adjourned date, Orjiako (the alleged contemnor) did not appear in court.

Justice Hadiza ruled: “I will oblige the Learned Silk to the respondent the last opportunity by adjourning the suit to a further date for hearing and still insist that the Contemnor be in Court. The matter is adjourned to 4/12/17 for hearing.”

Again on December 4, 2017, Orjiako did not appear in court, in effect committing contempt in facie curiae (in the face of court).

This prompted the court to issue a bench warrant for Orjiako’s arrest as prayed by AOS Orwell’s counsel.

Before the arrest order could be executed, Orjiako filed a Notice of Appeal and a motion for stay of execution dated December 5, 2017.

The main appeal and the arising interlocutory appeal remain pending.