The Nation Newspaper

Category: Law

  • ­Sale of secured seal: Court fixes April 13 for judgment

    ­Sale of secured seal: Court fixes April 13 for judgment

    Justice Doris Okuwobi of an Ikeja High Court has fixed April 13 for judgment in a   suit filed                                 by an activist-lawyer, Tope Alabi, challenging the powers of the Chief Judge of Lagos State, Justice Opeyemi Oke, over the introduction and the sale of seals in the High Court and Magistrate Court registries.

    Justice Okuwobi fixed the date  after parties had argued their various application before the court.

    Other defendants in the matter are the Chief Registrar, the Lagos State Judicial Service Commission, Lagos State Judiciary and the  Attorney-General of Lagos.

    Arguing his appilication before the court, Alabi said there was no law establishing the seal.

    He argued that the Chief Judge’s letter to judicial staff to carry out sale of seal is of no effect.

    According to him, “the letter introduced tax in form of revenue”, contending that “any revenue or tax must be provided for in a written substantive law”.

    But counsel to the first, third and fourth respondents, Prof. Taiwo Osipitan (SAN) argued that the Chief Judge has powers to introduce the seal.

    Osipitan said the seals are designed to checkmate activities of non-lawyers and unscrupulous persons involved in the use of affidavits, which they passed off as having been sworn to at the registries  of Magistrates and High Courts.

    He told the court that the secured seal applies only to affidavits and do not apply to other court processes filed in the registries of the Lagos State High Court.

    He said contrary to the claimant’s position, receipts are issued for every  secure seal paid for by litigants and deponents respectively.

    Osipitan urged the court to discountenance the claimant’s submission, saying that he has not disclosed reasonable cause of action in the suit.

    Counsel to the Attorney-General, the fifth defendant, Adebayo Saliu, aligned with the submission of the learned silk.

    The Lagos State judicial Service Commission, which is the second defendant, was not represented.

    In his originating summons, Alabi is seeking a declaration that the introduction and sale of seals and non-acceptance of his processes for filing on the basis that there were no seals on them is illegal and unconstitutional.

    Alabi said the court officials’ insistence that he must buy the seal and attach it to his supporting affidavits amounts to denying him and his clients access to justice.

    He is praying for an order of perpetual injunction, restraining the defendants or their agents from compelling litigants to purchase the seal when filing cases, processes or deposing to affidavits.

    He also wants the court to perpetually restrain the defendants or their agents from further producing or supplying the seals.

    The lawyer urged the court to determine whether, based on its rules and the 1999 Constitution, its officials can validly force litigants to buy the seals for N250 before they can file documents in court.

    Alabi said in all the laws, statutes and rules governing the court’s affairs, there was no legal basis for imposing the sale of the seals on court users.

    “The defendants cannot put something on nothing and expect it to stand,” he said in his written address.

    Alabi also files a motion ex-parte praying for an order of interim injunction restraining the defendants from compelling him and other litigants to purchase the seal.

    In a supporting affidavit, which he personally deposed to, Alabi said he was at the court’s Lagos division on October 31 to file a motion for change of counsel.

    In addition to the regular charges, he said he was charged additional N250 for a seal affixed to his affidavit in support of the motion.

    He said he complained to the Assistant Chief Registrar, who he claimed informed him that “the order was from above  and that it was beyond him. “I was also at the Lagos Judicial division of the High Court of Lagos State on the 6th day of November, 2017 for filing of affidavit of service. The court officials, precisely the cashiers, denied me filing on ground that I did not give them the sum of N250 for the seal,” he said.

    Alabi said having complied with the pre-action requirements, “it is in the interest of justice to restrain the defendants from compelling the claimant or any legal practitioner or litigant to purchase the seals”.

     

  • ‘Lagos AG can file nolle prosequi’

    An Ikeja High Court has been told that the Lagos State Attorney General has powers under Nigeria’s Constitution to file nolle prosequi for cases it wanted to discontinue prosecution.

    The Director, Directorate of Public Prosecution (DPP) Ayo Shitta–Bay said this while defending Attorney General’s powers before Justice Owolabi Dabiri.

    The DPP was the lead defence counsel in a matter instituted by the Incorporated Trustees of Laws and Rights Awareness Initiative (ITLRAI), challenging the State Attorney-General’s  powers, Mr.Adeniji Kazeem to file nolle prosequi in a matter involving two Indian businessmen, Messrs Deepak Khilnan and Sushil Chandra.

    The ITLRAI  had sued the AG  for stopping the trial of the two businessmen through their counsel, Mr. Olumide Babalola.

    The group had sought an injunction to restrain the defendants and his officers from further exercising the powers given under Section 211(1)(c) of the Constitution.

    But the DPP, in her response argued that both under the Constitution and with the support of the  Administration of Criminal Justice Law (ACJL), the Attorney– General has the power to withdraw the matter.

    She further argued that events leading to the decision to file a nolle prosequi by the AG  was taken in the overall public interest and with consideration for justice.

    According to her, the police had re-investigated the case and opined that the action was civil in nature and after a detailed assessment of the case file by the AG  and exercising this under the Constitution, the power to prosecute or not to prosecute, to continue with the case or not, the  AG filed a nolle prosequi.

    Justice Dabiri has adjourned the matter till March 29 for ruling.

     

     

  • Osinbajo, CJN, Saraki for NBA Criminal Justice conference

    Osinbajo, CJN, Saraki for NBA Criminal Justice conference

    Vice-President Yemi Osinbajo (SAN), Senate President Bukola Saraki and  Chief Justice of Nigeria (CJN) Walter Onnoghen are among dignitaries expected at the fifth NBA Criminal Justice Reform Conference.

    The three-day event, which will hold in Asaba, Delta State from March 21 to 24, is organised by the NBA Criminal Justice Reform Committee chaired by Chief Arthur Obi-Okafor (SAN).

    House of Representatives Speaker Yakubu Dogara, Chief of Army Staff Gen.  Tukur Yusuf Buratai, Independent National Electoral Commission (INEC) Chairman Professor Mahmood Yakubu and Delta State Governor  Ifeanyi Okowa, among others, are expected to speak at the event.

    Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu, Presidential Advisory Committee Against Corruption (PACAC) Executive Secretary Prof Bolaji Owasanoye, and a professor of law Yemi Akinseye-George are among those expected.

    Osinbajo will present the keynote address at the showcase session on the theme: Criminal Justice in Nigeria: the journey so far.

    Former NBA President Mr Joseph Daudu (SAN) will chair the first session on “unlocking the innovations of criminal Justice legislation in the country”.  Chief Judge of the Federal Capital Territory, Justice Ishaq Bello, will be the keynote speaker.

    The second session will focus on “arrest, remand and awaiting trial syndrome in criminal justice: fixing the jigsaw to end prison congestion”. It will be chaired by the Chief Judge of Delta State, Justice M. Umukoro. Former Delta State Deputy Governor Prof Amos Utuama will be the lead speaker.

    Day two of the conference will commence with break out sessions, which will examine different perspectives of criminal justice administration. Panel A, to be facilitated by Prof. Akinseye-George, will examine the Administration of Criminal Justice Act (ACJA) 2015.

    Panel B, to be facilitated by Mr. Charles Ajuyah (SAN), will examine the ACJA and interlocutory proceedings. Panel C, to be facilitated by Mr. Akingbola Hanadeniran, will look at disclosure protocols under the ACJA.

    Former NBA president Dr Olisa Agbakoba (SAN) will chair the fourth session, which will examine the topic: “Corruption: EFCC, Special courts to the rescue”. Lead speakers include Magu and Prof Owasanoye, who was nominated as ICPC chairman, but is yet to be confirmed by the Senate.

    Former United Nations (UN) Rapporteur on Human Trafficking, Prof. Joy Ezeilo, will chair the fifth session on “human trafficking and transnational  crimes: institutional and legal remedies”.

    Discussants will include National Agency for the Prohibition of Trafficking in Persons (NAPTIP) Director-General Julie Okah-Donli and Gen.  Buratai.

    Panelists will include Immigrations Comptroller-General, Mr. Mohammed Babandede, State Security Services (SSS) Director-General, Lawal Musa Daura, National Intelligence Agency (NIA) Director-General Amb. Mohammed Dauda and Chief Anthony Idigbe (SAN).

    Chief Judge of Anambra State, Justice Peter N.C. Umeadi, will chair the sixth session on “prosecution and punishment of electoral offences in Nigeria”.

     

     

     

     

     

     

     

     

     

     

     

     

     

  • Lagos reviews 376 cases to decongest courts

    Lagos reviews 376 cases to decongest courts

    The Lagos State Judiciary has started decongesting the high courts of old cases.

    About 376 of such cases, most of which are over 20 years old, have been identified for review and may be referred to Alternate Dispute Resolution (ADR).

    The Chief Judge, Justice Opeyemi Oke made this known at a briefing on the matter.

    Justice Oke said the exercise would also ensure speedy dispensation of justice.

    She lamented that the judiciary has the highest number of pending old cases.

    “It is on record that the Lagos State Judiciary has cases that date back to 20 years and beyond and this image, if it persists, is hazardous to the economic wellbeing of the state and Nigeria ultimately.

    “In fact, President Muhammadu Buhari, while declaring open the Bi-Annual Conference of All Nigeria Judges of the Superior Courts held between November 20 and 24, 2017 and organised by the National Judicial Institute, Abuja, noted the fact that Lagos State Judiciary has the highest number of pending old cases. This situation apparently damages the brand of a ”Global Lagos” and one which I do not intend to see continue. Global Lagos requires and truly deserves a world class judicial system,”she said.

    To remedy the situation, she said the state judiciary will be undertaking a review of all pending matters on a case-by-case basis for the purpose of determining the suitability of each case for Alternative Dispute Resolution (ADR).

    According to her, a review of the 376 cases, which started on  January 22, revealed the probable causes of delay and classified into three.

    “ Inefficient Case Management by Counsel, she said, accounted for 45 per cent; Court Indisposition and Interlocutory Appeals accounted for 20 per cent, while the cause of delay of the outstanding 35 per cent has been ascribed to other factors, which include numerous indulgent interlocutory applications, courts going on national assignments in election tribunals and official assignments for conferences and trainings for months. Others include protracted case management conference, multiplicity of interlocutory applications, long adjournments, trial having to commence de novo when a Judge is elevated or retires, amongst others”

    She disclosed that certain remedies have been put in place to eradicate the delays impeding the progress of the cases, adding that for instance, trials need not commence de novo again as options shall be included in  new rules to allow judges rely on certified transcript of trial proceedings already commenced or completed before an elevated or retired judge.

    She said new practice direction is in draft stage to guide and regulate the court decongestion process.

    “Also, since the Civil Justice System involves conducts and activities, both inside and outside the Court, a Practice Direction on Pre-Action Protocols to provide a Code of Practice outside the court will issue, just as there exists Rules of Court to provide a Code of Practice inside the Court.

    “The Pre-Action Practice Directions will be expected to guide conduct prior to the commencement, as a last resort, of legal proceedings in Court. The failure of parties or their counsel to comply with Pre-Action Protocol obligations elaborated under the Practice Direction, prior to commencing litigation, would attract significant or punitive cost penalties, inside the court, where such non-compliance is determined to be unreasonable or disproportionate, especially in respect to refusals to accept or participate in offers or attempts at ADR or amicable settlement, even where the party eventually wins the case,” she stated.

    Justice Oke said an ad-hoc task force committee on old cases led by Justice S.B.A Candide-Johnson, has been constituted in furtherance of the backlog elimination programme (BEP).

    She added that a good number of law firms have also volunteered to participate in the forensic screening of the old cases.

     

     

  • ‘Why Nigerian property owners in UK are at risk’

    ‘Why Nigerian property owners in UK are at risk’

    A partner at Charles Anthony LLP, an international law, business crime and asset recovery firm in Lagos, Jonathan Akinsanya, practices as a senior criminal defence barrister in London. He has over 20 years experience at the England & Wales’ Bar. In this article, he writes that following recent changes to United Kingdom’s law, Nigerians risk losing their assets.

    Last year, the Federal Republic of Nigeria implemented an opportunity for all tax payers to regularise their tax status. The concern was that Nigeria’s low tax revenues are at variance with the lifestyle of a large number of its people and their worldwide assets. In light of these factors Nigeria signed up for the establishment of the Beneficial Ownership Register at the Anti-Corruption Summit in London in 2016.

    On the 3rd February 2018 the Minister of Finance of the Federal Republic of Nigeria, Hon. Mrs Kemi Adeosun advised Nigerians with property in the United Kingdom (UK) to take advantage of Nigeria’s Voluntary Assets and Income Declaration Scheme (VAIDS) in order to escape ‘the hammer of the UK’s new Unexplained Wealth Orders’.

    Proceeds of crime have been a problematic issue all over the world for many years. The UK has been at the forefront of establishing legal frameworks in an attempt to deal with it. However, despite the UK government’s attempts to plug the holes, it was considered that critical gaps remained in the legal framework that enabled those, be it individuals or companies, with corrupt intent were taking advantage. A taskforce of professionals in the area of asset recovery identified that the current asset recovery regime has a number of deficiencies, namely:

    ‘The levels of asset recovery are relatively low.

    The law enforcement agencies are given Inadequate time to investigate suspicious transactions – currently the investigators have 31 days to investigate and build sufficient evidence to act on suspicious transactions

    Law enforcement agencies are under resourced.

    The current legal framework for asset recovery is reliant on a conviction in the origin country’

    In order to remedy the aforementioned gaps in the legislation the UK Government has relatively recently introduced Unexplained Wealth Orders (UWO).

     

    So what is a UWO?

    It is a measure inserted into the Proceeds of Crime Act 2002 (hereinafter “POCA”) by Part 1 of the Criminal Finances Act 2017. The new section 362A POCA now gives any law enforcement agency the power to make an application to a High Court judge for a UWO and such an application may be made Ex-parte, i.e. without notice. Any application made under this provision must contain various details including naming the relevant property and who is said to own it.

    Before a High Court judge makes a UWO he must be satisfied that there is reasonable cause to believe that the respondent in the said case holds the property, and that the value of the property is greater than £50,000.

    In addition, a High Court judge must be satisfied that there are reasonable grounds for suspecting that the known sources of the respondent’s lawfully obtained income would have been insufficient for the purposes of enabling him to obtain the property with is the subject of the UWO.

    The Act sets out what criteria can constitute “reasonable grounds” for the High Court and this includes “known sources of the respondent’s income are the sources of income that are reasonably ascertainable from information at the time of the making of the application for the order”. Income is lawfully obtained if it is obtained lawfully under the laws of the country from where the income arises”.

    The specified person (hereinafter “the respondent”) must be a politically exposed person, or there are reasonable grounds for suspecting that the respondent is, or has been, involved in serious crime (whether in the UK or elsewhere) or a person connected with the respondent is, or has been so involved. The Act defines a politically exposed person. What is this definition?

    What is the Practical effect of a UWO?

    The practical effect of a UWO is that, once the order is made the respondent is required to provide to the court an explanation of how he/she obtained the property which is the subject of the UWO.

     

    What is the Effect of

    non-compliance with UWO

    If the respondent fails to comply with the requirements of the UWO without reasonable excuse before the end of the response period set by the court, the presumption is that the property is recoverable (forfeited) for the purposes of any proceedings taken in respect of the property unless the contrary is shown – the presumption only applies in relation to the property:

    Relating to the respondent’s interest in the property, and

    Only if the value of that interest is greater than £50,000

     

    Does the UWO carry

    criminal liability?

    The Unexplained Wealth Order has no criminal liability attached to it, save where there are false or misleading statements made in the purported compliance with a requirement imposed by the UWO.

    It is an entirely civil measure which allows the law enforcement agencies to recover and/or restrain (forfeit) the property without resorting to criminal procedures and/or sanctions. Its use is limited to perceived illicit assets owned by government officials (including family members or close associates) or those with links to serious crime –serious crime includes money laundering, bribery and corruption, fraudulent evasion of income tax. Another important feature is that it shifts the burden of proof onto the respondent to demonstrate the legitimacy of the funds used to acquire the property, the subject matter of the UWO.

    It is clear that we have entered a new dawn in Nigeria – the Federal Ministry of Finance is gathering information on individuals (and companies) through international asset tracing professionals and where there is evidence of politically exposed persons or a Nigerian is involved in serious crime e.g. tax evasion, money laundering who have acquired property in the UK then a complaint can be made to a law enforcement agency in the UK who will proceed to apply for a UWO from the High Court. The days of being able to hide assets in the UK appear to be over!

     

     

     

  • ‘I almost missed paying Law School fees’

    ‘I almost missed paying Law School fees’

    It took a well-crafted lie to set Ernest Osagie on the path to law. But the Adekunle Ajasin University alumnus believes divine intervention had a hand in him becoming a lawyer. He shares his story with ROBERT EGBE

    Family

    My name is Ernest Osagie. I am from Esan in Edo State and I am the fourth of six siblings.

    Education

    I graduated from Adekunle Ajasin University, Akungba–Akoko in 2014. I attended the Nigerian Law School, Enugu Campus and was called to the Bar in 2015.

    ‘I lied that Dad wanted me to be a lawyer’

    My journey to becoming a lawyer, I must say, was divinely ordained by God. In Senior Secondary School (SSS) I was assigned to science class. I stayed in that class for few days, but I didn’t really enjoy it. But there was a problem: I didn’t know how or whether I would be allowed to switch to Art Class. So, I went to my school counsellor and lied to her that my dad wanted me to become a lawyer. (Laughs). She told the school authorities and I was transferred to Art Class. This marked the beginning of my journey into the legal world.

    My inspiration

    None of my parents are lawyers, but I am inspired by Godly lawyers such as Vice President Prof Yemi Osinbajo (SAN), the Nigerian Bar Association (NBA) Vice Chairman Mr Monday Onyekachi Ubani, Chief Sanya Ayeni, Mr Osuji Stephen, Mr Adewale Olatunde and a host of other legal practitioners.

    Call to Bar

    My Call to Bar ceremony was a very joyful day for me though my mum was unable to come due to the fact that she was not feeling fine. However, she was always calling, likewise other members of my family and my friends.

    How I paid my Law School fees

    My life has always been God and will always be God. The reason is that I was able to raise my Law School fees just a day to the closing date fixed for the payment. So, it was this mentality that I took to the Law School fully aware that there will always be a provision by God, come what may, which God actually did.

    Most annoying  thing client did

    I was in court on a particular day and a client approached me to represent him in court. We agreed on my professional fee and thereafter I took up his case. I entered the courtroom but soon after, he began behaving funnily. He began showing signs that he wasn’t really comfortable with me, probably because I looked so young. He started grumbling and trying to direct me on what to do, what to say in court, basically trying to teach me my job. I had no option than to withdraw from the matter and I went back to my office.

    Law School grading system

    I am of the view that it should be looked into, as it is not fair to grade a student via his least grade.

    Marriage

    I can marry anyone from any profession once I see what I want from the lady.

     

     

  • Consumer council gives update on aircraft’s return

    The Consumer Protection Council (CPC) has assured passengers of a Lagos-Maiduguri bound Medview Airline flight that it would enforce their rights.

    A statement by the Director-General, Mr. Babatunde Irukera, a lawyer, reads: “At approximately 1400HRS while attempting to depart Abuja to Maiduguri on the final segment of the sector, the flight had a Ramp Return (return to base after commencing taxiing) on account of a safety issue. Specifically, an indicator lamp signifying a minor disorder emerged.

    “The captain, exercising the appropriate abundance of caution and in compliance with applicable safety standards aborted the flight and returned to base for technical assistance

    “CPC has been in communication with Medview, and the airline informs that, at no time was there an emergency, and passengers were never at risk. CPC will continue to monitor the situation, and provide updates, if necessary.”

     

  • Bar leaders set to reform NBA

    Bar leaders set to reform NBA

    Bar leaders have called for an urgent reform of the Nigerian Bar Association (NBA) to enable it to meet modern challenges and improve on service delivery.

    Speaking at a Bar Leaders’ Forum in Abuja, NBA President Abubakar Mahmoud (SAN) said it was imperative to reform the association. He called for lawyers’ support.

    At the meeting were former NBA Presidents, General Secretaries and branch chairmen.

    They reviewed Mahmoud’s reform initiatives and received a report of the Legal Profession Review Committee chaired by Chief Anthony Idigbe (SAN).

    Mallam Yusuf Ali (SAN) gave an interim report of the NBA Constitution review committee. He told lawyers to expect far reaching amendments to the Constitution.

    The leaders urged Ali to incorporate vital decisions of the forum into the expected new NBA Constitution.

    On the need to reform the NBA, a former Nigerian Law School Deputy Director-General Prof. Ernest Ojukwu (SAN) told The Nation: that: “This is the first attempt by the Bar Association to seek an overhaul of the structure of the legal profession in Nigeria.

    “Though this primarily concerns the legal profession, every person in Nigeria has a stake in the future of the legal profession, whether you are a lawyer or not. The economic development of Nigeria squarely rests on the strength or weakness of the legal profession.”

    A report of the NBA/UK legal services mission was presented by NBA General Secretary Aare Isiaka Abiola Olagunju.

    A report on NBA financial management processes by KPMG was also presented, as well as that of International Bar Association (IBA) Presidents Task force on the future of the profession. It was  presented by the Chairman of the NBA Section on Business Law, Mr. Olumide Apata.

     

     

     

  • ‘Why I published law dictionary’

    The Editor Babalola’s Law Dictionary of Judicially Defined Words and Phrases, Mr Olumide Babalola, has said he wanted to fill the need for a dictionary of legal words with focus on Nigeria.

    At a briefing in Lagos, Babalola said the dictionary, which is already on sale, contains judicially defined words and phrases.

    Babalola said he plans to review the dictionary at least, every two years to add new or omitted words.

    Writing in the dictionary’s preface, he recalled that when he visited the Lincoln Inn’s Library in London, he saw a series of judicial dictionaries for many jurisdictions.

    They include Jowitt’s Dictionary of English Law, the Australian Legal Dictionary, the South African Legal Dictionary by William Sommerset, among others.

    “The Nigerian version was conspicuously missing,” Babalola wrote. “It is my modest and unassuming opinion that this assemblage of other 2000 words and phrases as defined and adopted by the Nigerian appellate courts from 1995 till date would further enrich the practice and master of law within and outside our courts and classrooms,” he added.

    Babalola said he felt fulfilled to be contributing to the development of legal knowledge.

    “It gives me fulfillment when I read Supreme Court judgments and I see that my book was used as a reference. The aim was to produce a book that lawyer and judges can use as a reference,” he said.

    According to him, the Editor of Black’s Law Dictionary was currently reviewing the dictionary, adding that he would welcome feedbacks on areas of improvement from lawyers.

    He said there would be a national quiz competition for lawyers not more than seven years post-call, aimed at deepening the culture of reading and knowledge of legal terminologies.

    He said participants must have paid practicing fees and dues this year, adding that questions would be based on the dictionary.

    The first prize is N250,000 plus one year subscription of electronic law report; the second prize is N150,000 and copies of law reports, while the third prize is N100,000, while there would be consolation prizes.

    According to him, entries would open on March 10 to end on March 31, while the event would hold on June 1.

     

  • NBA dismisses Honeywell’s petition against Ogunba

    NBA dismisses Honeywell’s petition against Ogunba

    THE Nigerian Bar Association (SAN) has again cleared Mr Kunle Ogunba, whose Senior Advocate of Nigeria (SAN) rank was withdrawn by the Legal Practitioners Privileges Committee (LPPC) on January 11.

    In a February 20 letter signed by its General Secretary Aare Isiaka Abiola Olagunju, the NBA dismissed Honey-well Group’s petition.

    It said the petition did not disclose any prima facie case of professional misconduct against Ogunba.

    The LPPC, based on a petition by Honeywell Group, had announced the withdrawal of Ogunba’s rank and privileges.

    It said: “The misconduct alleged consists of the institution of multiplicity of proceedings before different judges of the Federal High Court on the same subject with the deliberate aim of abusing the process of court and derailing the course of justice.”

    The  NBA under its former President Augustine Alegeh (SAN) had earlier cleared Ogunba of the allegations.

    In an August 5, 2016 letter signed by its then  General Secretary Mazi Afam Osigwe in response to Honeywell Group’s petition against Ogunba, the NBA said it would not refer him to its Disciplinary Committee.

    “We regret to inform you that a careful reading of the petition failed to disclose any alleged infraction of the Rules of Professional Conduct 2007 in respect of which Mr. Kunle Ogunba (SAN) could be called upon to offer an explanation

    “It is a principle of law that companies are separate legal entities capable of suing and being sued.

    “Placing this principle side by side your allegation of abuse of court process, we are satisfied the cases referred to as well as the court processes attached by your good-selves failed to show the existence of a case involving same parties in respect of same facts and seeking same reliefs,” the NBA said.

    The NBA under the current executive, led by Abubakar Mahmoud (SAN), subsequently referred Honeywell Group’s petition to the Legal Practitioners’ Disciplinary Committee.

    After reviewing the petition, the committee concluded that Honeywell Group’s petition lacked merit and that Ogunba was not guilty of abuse of court process as alleged.

    The NBA’s February 20 letter to Honeywell Group reads: “Re: Petition in Respect of Professional Misconduct by Mr Kunle Ogunba, SAN. Your letter of complaint dated April 7, 2016 against the aforementioned legal practitioner in respect of the above subject matter refers.

    “We write to inform you that the NBA Disciplinary Committee, Abuja, Panel B has concluded the hearing of your petition.

    “It is the decision of the panel that your petition does not disclose a prima facie case of professional misconduct against the respondent.

    “In the light of the decision of the panel, your petition against the respondent is hereby dismissed. We thank you for your cooperation.”

    The NBA earlier listed the suits for which Ogunba was accused of abusing court process.

    They include Anchorage Leisures Ltd & 2 Ors vs Ecobank Nig Ltd (FHC/L/CS/1219/2015); Ecobank Plc vs Honeywell Flour Mills Plc (FHC/L/CP/1569/2015), Mr. Oba Otudeko vs Ecobank Nig Ltd (FHC/L/BK/19/2015), Ecobank Nig Ltd  vs Siloam Global Services Ltd (FHC/L/CP/1572/2015), Econank Nig Ltd vs Anchorage Leisures Ltd (FHC/L/CP/ 1570/2015), Ecobank Nig Ltd vs Honeywell Group Ltd (FHC/L/CP/1571/2015) and Ecobank Nig Ltd vs Honeywell Flour Mills Plc (FHC/L/CP/1689/2015).

    “It is difficult to concede to the allegation that the suits amount to abuse of court process upon which a disciplinary proceeding should commence,” NBA said.

    According to the Association, the suits by Otudeko and Anchorage Leisures seek a declaration that they are no longer indebted to Ecobank and that the bank should be restrained from publishing their names as bad debtors.

    The NBA said it found out that Ecobank’s actions against Honeywell Flour Mills and Honeywell Group were petitions filed consecutively for winding-up proceedings against them, but were later discontinued to correct anomalies in them.

    It added that Ecobank’s suits against Siloam Global Services and Anchorage Leisures involved petitions for winding-up “against the two different companies”.

    The NBA said: “The fact that the companies may have common ownership or directors does not make them the same entity or preclude the presentation of petitions against them if counsel believes grounds exist for doing so.

    “A careful examination of the court processes filed by parties at the various suits indicates differences in either parties or reliefs sought, which defeats your (Honeywell’s) allegation of abuse of court process.

    “The respondent’s (Ogunba’s) actions are in our respectful view in line with the duty of a counsel to do everything which, in the exercise of his discretion, he thinks best for the general interest of his client, which cannot be fettered by subjecting him to disciplinary proceedings.

    “The respondent owed his client a duty to take all lawful steps to directly and or indirectly represent his client and or get the best in the circumstance for his client in reliance on the be st of his professional ability.

    “We are of the informed view that the actions and or decisions taken by the respondent were not only authorised by his instruction, but were made in the course of an attempt at arriving at an amicable settlement in the matter.

    “The respondent’s actions in the course of representing his client are instilled by his duty to get the best for his client and do not impugn the integrity of the legal profession.

    “We are, therefore, of the considered belief that the allegations contained in the petition under reference do not contain facts indicating any infraction of the Rules of Professional Conduct.

    “In the light of the foregoing, we will be unable to further inquire into the matter by forwarding the petition to the Legal Practitioners Disciplinary Committee. The petition is hereby dismissed as it lacks merit,” the NBA said.

    Ogunba had told the LPPC that his client’s decision to file separate actions against the individual companies within Honeywell Group was supported by judicial authorities.

    “The suits have to be separate because winding up petition is ad-hominem to each individual company and can thus not be lumped together by a collective action,” Ogunba told LPPC.

    Honeywell Group’s Chairman Dr Oba Otudeko, in his statement on oath filed in his companies suit against Ecobank before Justice Mohammed Idris of the Federal High Court in Lagos, admitted that his companies owed Ecobank separately.

    He swore: “The plaintiffs (Anchorage Leisures, Siloam Global and Honeywell Flour Mills) were individual customers of the defendant and had personal outstanding exposures to the defendant.

    “In view of the fact that Honeywell Group Ltd is the parent company of the plaintiffs, the plaintiffs under the auspices of the Honeywell Group, led by me, opened up negotiations to settle the then outstanding indebtedness of the plaintiffs to the defendant.”

    Otudeko claimed that his companies paid N3.5 billion out of N5.5 billion to Ecobank as full and final payment after a settlement meeting, and is therefore, praying the court to hold that they are no longer indebted to the bank.

    But the bank claimed that Honeywell Group was still indebted to it as the N3.5billion was allegedly not paid in line with terms of the agreement, which includes that the “bullet” payment must be made before Central Bank of Nigeria (CBN) examiners left the bank.