The Nation Newspaper

Tag: Alegeh

  • NBA is alive, says Alegeh

    Excerpts of inaugural speech by NBA President Augustine Alegeh (SAN)

    Financial Autonomy for the Judiciary

    The reluctance of the Executive Arm of Government to comply with the provisions of the Constitution, despite the oath of Allegiance and Oath of Office sworn by the persons holding the office leaves much to be desired. How they expect the citizens to comply with the provisions of the Constitution, which they so flagrantly violate beats my imagination.

    For relish, the judgments obtained by the Judiciary Staff Union of Nigeria (JASUN) and Olisa Agbakoba, SAN on Section 162[9] of The Constitution of the Federal Republic of Nigeria, 1999 are not obeyed and executed by the Executive.

    The respect for constitutional provisions and obedience of Court Orders are integral parts of rule of law, which is the hallmark of democratic government.

    The recent JASUN strike was merely suspended for 45 days and may be resumed in the middle of May if there is no traction from the government. The NBA would take an active role in ensuring that this does not happen.

     

    Closure of courts in Rivers State

     

    The continued closure of Courts in Rivers State is sad and shameful. Our members in Rivers State are essentially out of work apart from those engaged in corporate practice.

    At a time when other countries are striving to ensure that trials start and end within six (6) months, we have courts closed for almost four (4) months and litigants and lawyers bear the brunt. Even if the strike persists for two (2) years the judicial staff would get paid, but nobody would assuage the losses suffered by the Lawyers and litigants. This cannot be allowed to continue.

    We urge all those involved in the Rivers imbroglio, whether as named or unnamed parties or as Counsel for either of the Parties, to apply their best endeavours to resolving this matter promptly.

    I will as NBA President personally intervene in the issues leading to closure of Courts in Rivers State with a view to ensuring a speedy resolution.

     

    Legal Education In Nigeria

     

    The state of Legal Education in Nigeria must remain a critical concern for the NBA.

    Consequently, this administration would organise a summit on the state of legal education in Nigeria to enable the NBA develop a policy position of all tiers of legal education in Nigeria.

    Prof. Epiphany Azinge, the Immediate Past Director-General of The Nigerian Institute of Advance Legal Studies has graciously agreed to act as the summit facilitator. The date and venue of the legal education summit would be announced shortly.

     

    Pending bills at the National Assembly

     

    There are several bills which are backed up at the National Assembly. There are several justice sector Bills, which if passed would have enhanced justice delivery system in Nigeria.

    Our Petroleum Industry Bill (PIB) is old enough in the National Assembly to qualify as an “ELDER”, “BABA” or “ODIONWERE” in any place other than the National Assembly yet, it has not been passed till date.

    A child conceived at the same time as our PIB would have finished school, started work and be married with children by this time. Countries that came to Nigeria to get a peek at our PIB when it was conceived has since passed and amended their PIBs several times.

    We are a country dependent essentially on Petroleum yet our National Assembly is playing poker with our collective fortunes and future. I believe we still have men of integrity, courage and valour at the National Assembly and I call on them to take up the challenge of ensuring that the PIB is passed without further delay.

    The NBA under my watch will not standby and watch when those entrusted with the constitutional duty of passing laws drop the ball on the entire country and get interested more in matters of scant legislative relevance.

     

    The 2015 general elections

     

    NBA will take a very keen interest in the 2015 General Elections. The legitimacy of the ballot box determines the quality of government and also determines if the governed would ever enjoy the true benefits of democracy.

    It is a relief to note that the elections in Anambra, Ondo, Ekiti and Osun were better conducted than previous elections. It would seem that INEC is improving, but it must be noted that these were single state elections and we cannot truly determine if INEC has improved until the 2015 General Elections.

    We hope that the internal democratic structures in the different parties have been improved and that pre-election cases would be a rare occurrence this time around.

    The Election Working Group (EWG) of the NBA under the leadership of Dafe Akpedeyi, SAN has done an excellent job at monitoring elections and has acquired experience and expertise in execution of its mandate.

    The NBA as the leader of civil societies and professional bodies in Nigeria, as the voice of the oppressed, the defender of human rights and proponent of rule of Law must not continue to limit itself to monitoring elections and reporting what transpired during the election. Our position requires the NBA to do more. Nigerians demand that we do more and certainly we can do more.

    Consequently, the NBA using its network of 109 Branches and over 2000 Bar leaders would engage in VOTER EDUCATION AND VOTER MOBILISATION for the 2015 General elections on a strictly non-partisanbasis. Simply put, this means that only Lawyers who do not belong to any Political Party and who are totally committed to the noble ideals of our great Association would be allowed to participate in this exercise.

    All lawyers participating would be required to make statutory declarations of non-political affiliation which would if found to be false lead to disciplinary measures against such a lawyer.

    To help the NBA drive this new area of its engagement in the electioneering process I have established a Committee with the following terms of reference:

    •To organise voter education and mobilisation seminars and workshops.

    •To organise youth workshops to discourage thuggery and youth violence during elections.

    •To take all other such steps as may be required to give effect to the above objectives.

    The members of the committee are as follows:

    • JB Daudu, SAN – Chairman

    • Aliyu Nassarawa – Member

    • Ogbonnaya Igwenyi – Member

    • Seun Ajoba – Member

    • Pat Igwebuike – Secretary.

    Alternate chair and other members to be announced

    We urge all Politicians involved in the 2015 Elections to play by the rules as NBA is willing to partner with INEC to prosecute electoral offenders.

     

    Human Rights, Economic Right      and Consumer Protection

     

    The NBA shall strengthen its Human Rights institute and its work on human rights. At the same time we must pay heed to economic rights of citizens which are being constantly violated by Electricity Distribution Companies and Telecommunication Companies.

    In the face of the abysmal failure of the regulatory agencies to deal with these issues NBA shall offer pro bono services in institution of class action suits against these Companies who have negotiated away persons charged with ensuring that they don’t rip us all off.

     

    Insurgency in NorthEastern Nigeria

     

    The inability of the Nigerian Armed Forces to deal effectively with the threat of Boko Haram is a cause for serious concern. When the Airforce Barracks, Mobile Police Training School and Military installations fall prey to BH shows a total failure of Our Military.

    I have my doubts about the effect that this $1bn now sought for the Military would have on the War. It is surprising that the Military only realized in the middle of the insurgency that they had no weaponry. Strange indeed!

    The Military should at least help locate and free the Chibok girls to redeem our collective pride. That is the least we expect from our Military.

     

    Ebola Virus

     

    I must not fail to state that the holding of this conference successfully without any incidence of Ebola speaks volumes of the efforts of the Okey Wali, SAN administration and the precautionary steps they took to handle the situation.

    We must also thank God from keeping Ebola away from this conference.

     

    Conclusion

     

    I want to assure you all that our Association is alive, well and in capable hands with the 2014-2016 national officers. We would dedicate ourselves to service of the Association and do all within our powers to make the Association better, more efficient and more responsive to the needs of its members and the nation.

    I want to express my special thanks and appreciation to my family who endured long periods of loneliness during our campaigns. I also, on behalf of all national officers, express thanks and appreciation to their families and loved ones who must certainly have had a similar experience.

    Our God, who made it possible for us to ascend office would give us the wisdom we require to succeed.

  • NBA is alive, says Alegeh

    NBA is alive, says Alegeh

    Excerpts of inaugural speech by NBA President Augustine Alegeh (SAN)

    •Continued from last week

    Nba Identification Card

     

    All lawyers who have been verified in
    the NBA Data Base shall be issued with
    NBA Identification Cards which would be a chip and pin card that would contain the following:

    •Name of the lawyer

    •Passport photograph

    •Supreme Court enrolment number

    The card would also function as a payment card for ATM, PoS and online transactions.

    Presentation of the Card would entitle the lawyer to a variety of discount and other packages negotiated by NBA.

    This card would be issued free.

     

    Nba Insurance Policy

     

    We have received offers from various insurance companies in respect of the NBA Insurance Scheme, which would provide insurance cover for all lawyers who have paid their Bar practicing fees as at when due.

    The latest offer we are considering offers Lawyers the following choices:

    Option A: N700,000.00 – Death or Permanent Disability

    Option B: N500,000 – Death or Permanent Disability

    N500,000 – Death by Accident

    Option C: N350,000 – Death or Permanent Disability

    N350,000 – Death by Accident

    N350,000             –              Critical Illness

    Option D: N280,000 – Death or Permanent Disability

    N280,000             –              Death by Accident

    N280,000             –             Critical Illness

    N30,000               –              Medical Expenses

    It is to be noted that all lawyers who have paid their bar practising Fees as at when due are automatically entitled to this insurance cover and a policy would be issued in the lawyer’s name.

     

    Bar Practising Fees

     

    I shall propose to NEC a 10% reduction across board in respect of Bar Practising fees for lawyers excluding Senior Advocates. Upon ratification by NEC I will take appropriate steps to give effect to the reduction.

    I shall also propose to NEC, that the share of Branches from BPFs be increased from 10% to 20%. The additional 10% to branches would be applied to set up a Lawyers Welfare Trust Fund at all Branches.

    The payment of the Branches’ share of BPF shall be by direct debit utilising available e-banking means.

     

    Annual General Conference fees

     

    The fees for the 2015 Annual General Conference shall be a 40% percent reduction of the Fees for the  Annual General Conference.

    The Fees shall be as follows:

    1 – 5 Years:                         N5,000

    6 – 10 Years:                       N15,000

    11     – 14 Years:                                 N25,000

    15    – 20 Years:                                 N35,000

    Above 20 Years:                                N50,000

    SANs/AGs/Benchers:      N100,000

    Judges:                               N75,000

    Magistrates:                       N50,000

    Governors/Legislators

    & Political Appointees:    N250,000

     

    Judicial reforms

     

    The judiciary is taking positive developmental steps and NBA must continue to collaborate with the Judiciary as there remains so much room for improvement.

     

    Employment of research

    assistants for judges

    The provision of Research Assistants for our judges must not be delayed a day longer.

    The benefits of Research Assistant employed, not by Judges, but by the Judiciary would be a monumental step forward in our quest for speedy dispensation of high quality justice. Consequently, I will shortly engage the various Government agencies involved in the process to sensitize them of the enormous benefit to the Nation.

     

    Judicial appointments

     

    The current secret shrouded appointment of Judges system must yield to a more transparent system where merit rather than cronyism is the basis for appointments and promotion of judicial officers.

    The fight to rid the judiciary of corruption would remain a mirage unless and until the appointment and promotion system is reviewed. We cannot expect judicial officers appointed through the back door to be incorruptible especially at this time when those who arranged the appointments have retired but rather than stay quietly at home to enjoy their retirement, now masquerade themselves as Consultants in cases where they have never seen the Court processes. Their main claim to fame and Consultancy fees remains the fact that the Judge is “MY BOY”. This is utterly disgraceful. It should be discouraged. It should be condemned. I say no more for now.

     

    Digitalisation of our courts

    We need digitalization of Our Courts urgently to enable us take advantage of modern technology in our quest for speedy and effective dispensation of justice.

    I watched the recent Oscar Pistorius trial in awe when hour long trial transcripts were available for use by Lawyers in Court immediately thereafter. I don’t know the cost of this equipment but we cannot claim to be the Giant of Africa if we cannot afford to equip our Courts with technological tools designed to ensure the speedy dispensation of justice we all crave.

     

    Quacks in the legal profession

     

    The judiciary should collaborate with the NBA in its efforts to rid the legal Profession of quacks.

    The NBA has just introduced its stamp and seal policy and this policy can only have effect when the judiciary ensures that only documents bearing the stamp and seal are allowed for filing in Our Court or admitted in evidence at trials.

    I must commend the progressive thinking of Honourable Justice Njemanze, the Honourable Chief Judge of Imo State for his practice direction to the effect that all affidavits in Imo must be prepared or endorsed by Lawyers.

    This is a step in the right direction and I urge other Chief Judges to issue the same practice Direction.

    The NBA would shortly formulate Practice Directions as Well as Guidelines in selected areas and topics which we hope the respective Chief Judges would not hesitate to deal with expeditiously.

    I must also at this point advise all persons who use tax payers funds to pay foreign lawyers under any guise that such foreign lawyers who are not enrolled to practice in Nigeria are definitely quacks under Nigerian Law. We shall in the next few weeks issue Freedom of Information Requests to certain Government bodies who have developed the habit of briefing foreign lawyers with a view to bringing them to face the law. Nigerian work is for Nigerian Lawyers and I will leave no stone unturned in dealing with any person who threatens our constitutionally guaranteed source of income.

     

  • NBA is alive, says Alegeh

    NBA is alive, says Alegeh

    It is to the Glory of God that we gather here today to witness the change of guard in the leadership of our great Association the NBA.

    The event we witness today is a great work of God that has again confirmed that God is omnipotent and all powerful. While many are still confounded at the work of God, true believers rejoice for they always had faith that all promotion, progress and elevation come from God.

    God who has made it possible for me to emerge as the 27th President of the NBA will grant me all the wisdom required to effectively discharge the duties of the Office of NBA President effectively and to the glory of his name. The people rejoice when the righteous are in Power.

    The powers and duties of the NBA President are both wide and almost absolute. Consequently, the exercise of such powers must be exercised with a high sense of responsibility, with caution, honesty, and integrity but above all, must always be exercised in the best interest of the Association.

    The NBA is the leader of all civil societies and Professional bodies in Nigeria and the entire Nation looks up to the NBA for leadership and guidance in all matters of national importance and interest. The NBA constitution empowers the NBA President to speak for the Association and for all lawyers. In effect the NBA President is the lead spokesperson for millions of Nigerians. I trust that God who made this possible will give me clear and lucid thoughts coupled with a very loud voice to fulfil this crucial role.

    I accept the great trust and responsibility of the members of NBA in electing me into office as the 27th President of the NBA and I hereby make a firm and solemn promise exercise the great powers of the office and carry out the duties attached thereto in the very best interest of the Association and the overall interest of our Country, Nigeria and Africa.

     

    The incoming executive

    The 2014 elections were contested more fiercely than any elections before. The level of desperation, the number of petitions and the introduction of smear campaign attained a level never seen before and we pray would never be seen again.

    I must congratulate all the noble and learned gentlemen and ladies who were victorious at the elections and now constitute the National Officers of the NBA. I wish you all success and wish us all wisdom from God in the discharge of our duties as National Officers of the NBA. I trust in God that with wisdom there would be no infighting, back stabbing, back biting and idle talk in the National Executive. I pray that peace and brotherly love would guide all our interactions so that we can together deliver on our promises and leave the Association better that we are meeting it.

    It is important for all National Officers to study our Constitution to enable them fully appreciate the duties of National officers.

    I urge you to join hands with me to work together for the development of the NBA.

     

    Our agenda for change

    1.the nba constitution – amendment proposal

    The recent amendments to the NBA Constitution were ratified at the Annual General Meeting [AGM] of the NBA yesterday 28th of August, 2014. The said amendments addressed issues that were topical at the time and have essentially served their purpose.

    However, there is a further need to amend our Constitution to meet present realities and take advantage of modern technological developments.

    The cost of NBA National elections to the Association is increasing at an unsustainable rate. The risk, dangers and inconveniences encountered by NBA members during these elections is becoming unbearable. The elections are becoming too expensive for NBA members and voter tampering appears to be encouraged when Delegates at National Elections are not provided with accommodation and other logistic requirements by the Association. The resultant effect is that candidates are compelled to provide accommodation and logistic needs for the Delegates in a manner that may compromise the decision-making process of the candidates.

     

    E-voting

    I believe strongly, that the delegate election system of the NBA needs to be reviewed and that E-VOTING through the NBA Website should be introduced and this would require a constitutional Amendment.

     

    Other amendments

    The wording of the electoral provisions of Our Constitution and several other provisions would need to be reviewed and fine-tuned.

    The amendments to our Constitution to introduce e-voting and other changes would be given priority and dealt with speedily with the hope that the system would be operational and members made conversant with its working long before the 2016 National Elections. In the light of the approval of Uniform Bye Laws for NBA Branches, it would be advisable for the provision of e-voting to be contained in the Uniform Bye Laws to afford Branches the opportunity to implement e-voting and be conversant with its operations before the National elections.

    I have therefore set up a Constitution Review Committee with the following Terms of Reference:

    1] To review the provisions of Our Constitution on elections with a view to introducing e-voting at all NBA National Elections.

    2] To review the provisions of Our Constitution on elections and propose such amendments as may be required to make the provision more definitive and NBA National Elections more rancour free.             3] To review the NBA Branches Unified Bye Laws to bring it in conformity with the Amended NBA Constitution.

    4] To review and propose all other such amendments as it requires necessary to the provisions of Our Constitution.

    The Committee shall submit its report on or before the 30th of November, 2014.

    The members of the Committee are:

    1. Garba Tetengi, SAN   Chairman

  • Alegeh vows to reform electoral process

    President-elect of the Nigerian Bar Association (NBA) Mr. Augustine Alegeh (SAN) has pledged to reform the association’s electoral process to allow for electronic voting.

    Speaking after his election, he said he would work to make running for an NBA office less cumbersome and inexpensive.

    Alegeh was last week elected the 27th NBA President, bringing to a close several months of intrigues ahead of a keenly contested election.

    The NBA Presidency  was this time  zoned to the West, which in NBA nomenclature includes the Midwest. Consequently,  four contestants aspired for the office, namely Alegeh, Mrs Funke Adekoya (SAN), Dele Adesina (SAN), Chief Niyi Akintola (SAN) and Osas Erhabor.

    Other elected officers are: Francis Ekwere (First Vice-President);  Taiwo O. Taiwo (Second Vice-President); Akintokunbo Oluwole (Third Vice-President); Mazi Afam Osigwe (General Secretary); Olatunji Salawu (First Asst. Secretary); Ephraim Adimabua (Second Assistant Secretary); and Amina Ibrahim (Treasurer).

    The rest are Welfare Officer, Mas’ud Alabelewe; Publicity  Secretary, Gbolahan Gbadamosi; Financial Secretary, Kelvin Ejelonu; Asst. Financial Secretary, Cecilia Ugbuji,  and Legal Adviser, Bisi Enoch Ayeni.

    Alegeh’s election marks the emergence of a new power block at the Bar. Even though regional fora adopted candidates for the election, their influence was not readily manifest  like in the past.

    Alegeh had an overwhelming support. He polled 691 votes, followed by Adesina (370), Adekoya (255), Akintola (126) and Erhabor (17).

    Some analysts believe had the Egbe Amofin (Yoruba Lawyers Forum) been able to present a consensus candidate (which would have pitted the West against the Midwest, assuming Alegeh did not step down), it would have avoided the split votes of 768, which is 77 more than what Alegeh polled.

    However, other candidates who contested for the office of  NBA President have sent in their congratulatory massages and pledged to work with Alegeh to move the Bar forward.

    Adesina said: “I wish to say that though the contest was intense, it is now over and a President –elect  has emerged.  There is a clear and present duty on us all to move the Bar forward and advance the course of the legal profession.

    “As a key member of the NBA family, I wish to once again assure our new President, Augustine Alegeh (SAN) of my support and co-operation. In declaring closed my campaign organisation, I thank God for your support. May God bless us all and bless our association.”

    Akintola congratulated Alegah and assured him of his co-operation. He added: “We all have learnt our lessons from the result of this election.”

    Erhabor: “In everything, we give thanks to God Almighty. We congratulate all the contestants and delegates. In a sense, we all have pursued our diverse convictions with courage and audacity. We congratulate in particular, the President- elect, Augustine Alegeh (SAN) and other elected officers, we wish the entire Bar well.”

    Congratulating Alegeh, Adekoya urged him to ensure probity, ethical conduct, policies that are in the best interests of lawyers, as well as holding officers accountable to the highest standards.

    “To the incoming President, I offer my congratulations. May the Almighty be your guide. Our members have spoken and I bow to their will. However, we must continue to interrogate the pressing issues that assail our Bar Association; we must demand probity, ethical conduct, policies that are in the best interests of lawyers, and hold our officers accountable to the highest standards,” Adekoya said.

  • NBA Presidency: Adekoya, Alegeh woo Igbo lawyers

    Two aspirants for the Nigerian Bar Association (NBA) presidency in the forthcoming  elections, Mrs. Funke Adekoya (SAN) and Mr. Augustine Alegeh (SAN) at the weekend attended the monthly meeting of Otu Oka-Iwu Lagos to seek support  for their bids. Otu Oka-Iwu is a union of lawyers of Igbo extraction.

    Addressing the meeting,  Adekoya condoled with  the union on the death of one of its elders, Chief Theodore Ezeobi (SAN) and Chief Ralph Uwechue, brother to another elder of the union, Chief George Uwechue (SAN). She noted that Ezeobi was a courageous lawyer who spoke the truth to power, adding that he was a “ready ally” in  raising critical issues that touched on the integrity and independence of the Bar.

    Adekoya informed the union of her intention to contest the NBA presidency, adding: “If we are to tell ourselves the truth, the association  is declining. The things that our Bar Association should be doing for us are so many and so simple; but we are not doing them. And I think they are not doing them because those who seek office have not given them sufficient thought.”

    She said many NBA members are unhappy with the hike in practicing fees and Annual General Conference fees, adding: “Many members are disenchanted. Everyone is asking, what are they doing with our money,” she asked?

    She added: “Even me, I don’t know. What I do know is that my leadership will take immediate  steps to review downwards these fees which I personally consider as very high. We will also institute a  Group Life and Accident  Insurance Policy at no extra cost to members by deploying a portion of the practicing fees as premium.”

    She promised to reverse the ban on non-attendance at NEC meetings by observers, saying the decision is “very unpopular.” Adekoya said her administration would prosecute estate agents and sundry practitioners, who encroach on work reserved for lawyers, since the conduct infringes the Legal Practitioners Act which bars the practice of law without licence.

    Adekoya, a former NBA National Treasurer and First Vice-President said an NBA under her leadership would, like the Law Society of UK among others, advertise legal services to expand the volume of work available to lawyers. She said she would also engage the Nigeria Police and the Association of Local Governments of Nigeria (ALGON) “to ensure that they see reasons why it is in their best interest to hire lawyers” for their activities, while her leadership will make a strong representation to the Corporate Affairs Commission (CAC) to ensure that it does not circumscribe work available to lawyers.

    On his part, Alegeh told the union that NBA needs “somebody new and fresh with new ideas. He said: “I believe that there are changes we need to make in the association and we need a  new person to make those changes. I offer myself as that agent of change for the association.”

    He said he believed that NBA activities should be “branch driven,” adding that “the idea of four, five persons upstairs forming policies, implementing them  and when there is change at the helm, these policies are jettisoned is not good for the NBA. “We need an NBA that  starts from the branches, that gives powers to the branches, that all policies formulated by the NBA originate from the branches.”

    He expressed concern that work reserved for lawyers are “being done by third parties and NBA does nothing about it. “We have foreign law firms today who take 80 per cent of our arbitration work. We have the Legal Practitioners Act that provides that all legal services should be done by lawyers. How  then do we sit down as NBA and allow  funds from public corporations to be paid  to foreign lawyers in  flagrant breach of our laws?”

    He promised to refocus the Continuing Legal Education programme to equip lawyers with requisite skills, noting that there are rights that already exist which lawyers are not sufficiently equipped to pursue.

    Like Adekoya, Alegeh is also worried that the national body is not speaking when it ought to. “The whole world is agog with  Chibok,” he observed. “But can anybody here tell me where NBA stands on Chibok,” he asked?

    He continued: “Nobody can say where we stand. Do we support Boko Haram or do we support Federal Government? We don’t know where NBA stands.”

    He said the NBA should be the “leader of all civil societies in Nigeria,” adding that, “when anything happens in the country, the voice of NBA should be the loudest; currently, the voice of NBA is muffled.”

    Alegeh promised to “refocus” on the welfare of members, saying, he is being called a “stranger” by the so-called Bar  men “because I do not join in the chop-chop. To be a ‘Bar  man,’ you have to chop.”

    Expressing his concern with the current state of affairs in the NBA, Alegeh said: “We fail to tap the enormous potentials that we have. I do not see why in this day and age of branding and advertising, of giving tax breaks to companies, NBA still has to pay by itself for bags, biros, jotters and all of that. If I go to SEC and say SEC, I want bags; you can brand them as you want. we don’t want money, it will be done. But we are running NBA as though we are in the Dark Ages. And because they make money from giving out contract awards to make biros and bags.”