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Tag: Dele Adesina

  • Alleged N2.4b debt: Ex-minister loses bid to stop bank’s takeover of property

    The Federal High Court in Lagos Monday refused an application by a former Petroleum Minister Chief Don Etiebet’s company which sought to stop Access Bank Plc from taking over his property known as Etiebet’s Place.

    The property is on Mobolaji Bank Anthony Way, Ikeja, Lagos, in the name of Etiebet’s company, Obodex Nigeria Limited.

    Ruling Monday, Justice A. Liman refused the company’s application for stay of execution of a December 17, 2018 judgment of Justice Ibrahim Buba, which empowered Access Bank to take over the property.

    The bank had sued Obodex Nigeria over an alleged debt said to be to the tune of N2.4billion.

    But, the firm challenged the court’s jurisdiction to hear the suit.

    Justice Buba, last December 17, dismissed the firm’s objection and ruled in the bank’s favour.

    Access Bank subsequently took over Etiebet’s Place and appointed a Senior Advocate of Nigeria, Mr. Kunle Ogunba, as receiver/ manager to manage the property towards recovering the alleged debt.

    Dissatisfied, Obodex Nigeria filed an appeal as well as an application for stay of execution of the judgment.

    Through its lawyer, Mr. Dele Adesina (SAN), it sought an order restraining Ogunba and his privies or assignees from “advertising or offering for sale, selling, mortgaging, transferring, alienating or otherwise interfering with the applicant’s equitable right of redemption on the property situated and lying at 21 Mobolaji Bank Anthony Way, Ikeja, Lagos, also known as Etiebet’s House, pending the hearing and final determination of the applicant’s appeals.”

    While urging the court to grant his application, Adesina said: “I urge your Lordship to grant a stay of proceedings and stay of execution so that we’re not foisted this court with a fait accompli.”

    But Access Bank, through Ogunba, opposed Obodex’s application, saying it was “totally misconceived”.

    The insolvency practitioner said the receiver-manager was already in control of the applicant’s property, hence the application was belated.

    “The defendant wants to eat his cake and have it. It’s very reprehensible. They admitted the debt and pleaded for time. They signed a mortgage. We urge your Lordship to discountenance their application,” Ogunba argued.

    Justice Liman upheld Ogunba’s arguments and refused to grant Etiebet’s firm’s application.

  • Should NBA constitution be amended?

    Former Nigerian Bar Association (NBA) General Secretary Dele Adesina (SAN) explains why the association’s constitution amendment should be deferred.

    It is a common knowledge among all lawyers in this country that the Constitution of the NBA was amended in 2015 under the Presidency of Augustine Alegeh SAN, the immediate predecessor of the incumbent President. Before that time, an attempt was made in 2012 which did not sail through at the Port Harcourt Annual General Meeting.

    There was yet another amendment in 2009 during the tenure of Oluwarotimi  Akeredolu SAN, now the Governor of Ondo State. Another amendment is being proposed for the AGM coming up on the 30th of August 2018 by the President A.B Mahmoud SAN.

    For the avoidance of doubt I know the role of improvement in all human endeavours indeed it is said that the largest room in the world is the room for improvement. Improving a situation or a process is not synonymous with throwing away a process for a totally new and different one. When you do that, you perpetually get trapped in experimentation.  I concede to the good intentions of the present leadership of the Bar.

    The President’s love and concern for a credible electoral process producing effective leadership is not in doubt. However, it is my considered opinion that a good number of the far reaching and fundamental changes being proposed to the NBA Constitution is not only unworkable but can also be very counterproductive.

    I believe any amendment to our Constitution must not only strengthen the democratic foundation of our Association, it must add value to the process of the emergence of credible leadership and must be acceptable to the generality of our members.

    Compliance with section 20 of the nba constitution 2015

    I was the General Secretary of our great Association between August 2002 and August 2004 and a life member of the National Executive Committee, yet I never received the Notice of the proposed Amendment to the Constitution from the General Secretary of the Bar up to the date of writing this publication.

    I was only able to get the copy of the Notice courtesy of one of the past Presidents of the Association Austin Alegeh SAN who was gracious to ask his Secretary to send me a copy which I received on the 4th of August 2018. But for this gesture, like very many members of our Association I would not have received the Notice of the proposed amendment. Similarly, I know as a fact that the Chairman of Ikeja Branch Prince Dele Oloke Esq could only get a copy of the Notice from me on Monday the 6th of August 2018.

    Reports also confirm that very many members of our Association neither got the Notice or the proposed amendment. It is very doubtful therefore if there is compliance with Section 20 of the Nigerian Bar Association Constitution 2015 which obligates the General Secretary “to circulate the Notice and the proposed amendment to delegates at least 30 days before the proposed amendment is tabled at the AGM”.

    Specific propals

    Let me comment briefly on three of the suggested proposals.

    Establishment of the governing board

    The leadership has proposed the establishment of a Governing Board to comprise of: The President, 1st and 2nd Vice Presidents, General Secretary, Assistant Secretary, two representatives each from East, North and West, the immediate past President and immediate past General Secretary. The tenure of the Board is a single term of two years. It is to be noted that eight (8) other offices including but not limited to the offices of 3rd Vice President, welfare officer, Publicity Secretary, Assistant Publicity Secretary and 2nd Assistant General Secretary of the Association have all been peremptorily abolished by this proposal.

    It will be recalled that an earlier attempt to scrape these other offices have been opposed to by our members for the simple but very important reason that those offices serve as platforms for Junior members of the Bar to climb the ladder of leadership. Nothing has changed to defeat that argument. If this proposal is not reversed, it will impact negatively on the participation of the junior members in the affairs of the Association. Furthermore, it will also negatively impact on the spread of our Officers which today is a veritable vehicle for inclusion and active participatory interests.

    The proposed Governing Board is just another name for the National Officers’ meeting. What more, the duties of the members of the Board are the duties of each Officers of the Association as presently stated under the 2015 Constitution.

    Finally on this, there is nothing in the proposal that tend to reposition the National Executive Committee for independence and effectiveness. Rather than reinvigorating the powers of the National Executive Committee (NEC) an attempt has been made by the proposal to diminish its powers by making the Governing Board (of promotional officers) to be the Policy making body of the Association.

    State bar

    The proposed amendment seeks to create State Bars by providing for the establishment and functions of State Council of Nigerian Bar Association. The promise that “creation of State Councils is not to replace NBA Branches” is of no moment. There is no function ascribed to the State Councils in the proposal that the Branches are not presently performing. Experience has also shown that Branches in a State do collaborate and cooperate with one another when exigencies require this.

    The autonomy and independence of the Branches is of utmost importance to the overall efficiency and effectiveness of the Association. It should also be recalled that as late as 2012 a proposed amendment to include State Bars into our Constitution was vigorously and unanimously rejected at the Annual General Meeting that was held in Port Harcourt. The situation that calls for that rejection remains valid today as it was six (6) years ago.

    Succession of governing board

    Another significant aspect of the proposed amendment is what the committee described as succession of Governing Board members. It is difficult to see the rationale behind this proposal. First it is totally unworkable, second it is undemocratic and against the principles of the Rule of Law.

    Besides it is capable of occasioning diminishing leadership and rubbing the Association of the much needed experience, effective and efficient leadership. The NBA has a corporate responsibility to defend Democracy and make it sustainable in our country and most significantly in the interest of the profession.

    We have a duty both constitutionally and professionally to practically and proactively contribute to the building of a sustainable Democracy and if we don’t have it we cannot give it as no one can give what he doesn’t have.

    The proposal says that NBA Presidency shall be a product of promotion or ratification at an Annual General meeting like a Law firm or a company. The futility of this proposal is exemplified by recommendation 3 of the proposal which says “where any of the above proposed successors is rejected by the Annual General Meeting… the predecessor’s office shall be open for contest and elections…in accordance with this Constitution”.

    It follows therefore that if for any reason whatsoever, the promotion of a successor is rejected by the AGM then, the office of the Predecessor shall be open for contest and election. The question is what then will the proposal achieve when there may be a contest and election in any way. The NBA is and must remain a democratic Association at the centre of which is contest and competition.

    The current system of electing our officers is good for the Association based on the ideals of Democracy and the propagation of the Rule of Law. All we need in my humble opinion is a full democratisation of the electoral process through the reinvigoration and refining of the Austin Alegeh SAN initiative of electronic voting system. The policy and process of one lawyer one vote must be protected by all of us. It guarantees the putting of democracy to work. Furthermore, it ensures that emerging officers represent the true choice of the members of the Association.

    Conclusion

    In my memo dated 13th October, 2017 to the Constitution review committee, I said inter alia that a situation whereby all succeeding Presidents take pleasure in amending the Constitution of the NBA year in year out is not right. This has made our constitution unstable. Experience they say is the best teacher. We are not able to build permanent experience or grow our Constitution anymore as we change them almost every two years.

    I also made the point in my memo that the duty of the Branches who are the ultimate owners of this Constitution to make a tangible contribution through quality discussion and debate of the committee’s recommendations must be fully protected. Regrettably this was not so regarding the present fundamental proposals attached to the General Secretary’s letter of 25th July, 2018.

    The question is, between 25thJuly 2018 and now, how many Branches have got these proposals and able to discuss them. In the light of the above observations, the only option available is to defer this exercise in order to give maximum opportunity to the generality of our members and the leadership of our Association at various levels to discuss and deliberate on these far reaching proposals.

    The solution to NBA challenges is not in amending the Constitution every two years. It is in reconstructing our attitudes and make our Constitution work in the running of the Association. I have always said that nothing works by itself, things are made to work.

  • How to reduce Supreme Court’s workload, by SAN

    How to reduce Supreme Court’s workload, by SAN

    A former Nigerian Bar Association (NBA) General Secretary, Deacon Dele Adesina (SAN), has called for a judicial policy in which interlocutory appeals will terminate at the Court of Appeal.

    The lawyer said this would reduce the Supreme Court’s workload and fast-track appeals.

    He said the Supreme Court was behind schedule in the determination of several appeals, adding that the number of justices should be increased.

    Adesina said: “As at December 2013, the Supreme Court was still hearing appeals filed in 2009. This translates to the fact that it is heavily overloaded by work and unacceptably behind their schedule by five solid years.

    “A comparative analysis of our Supreme Court and those of other countries will show in unmistakable terms that it is the busiest in the world.”

    The SAN, who is among contestants for NBA President next month, addressed reporters yesterday in Lagos when he unveiled his Nine-Point Agenda.

    Adesina’s agenda focuses on NBA governance, lawyers’ welfare, capacity building/economic empowerment, promotion of efficient justice delivery, rule of law and NBA corporate social responsibility, enthronement of high ethical standards, reform of legal education, globalisation of legal practice and anti-corruption.

    The lawyer promised that said his administration would begin a sustained campaign for judicial reform. He said: “A policy of creating further divisions of the Court of Appeal shall be pursued, all in a bid to bring justice closer to the people, minimise cost of litigation and enhance speedy justice system on the part of litigants.”

    To combat official sleaze, Adesina said the NBA would develop an anti-graft policy and strengthen its anti-corruption commission by widening its scope to include monitoring the justice delivery system.

    NBA, he said, would ensure that only lawyers prosecute cases at lower courts.

    The lawyer promised to secure judicial authority to employ legal assistants and judicial research officers for all judges.

    Such steps, Adesina added, would create at least 2,500 jobs for lawyers.

     

  • South West lawyers forum crisis deepens

    The crisis rocking the South West Lawyers Forum (Egbe Amofin Odua), a body of Yoruba lawyers in the South West, deepened yesterday after the Mrs. Priscilla Kuye (SAN)-led screening committee of the forum failed to pick a consensus candidate for the zone.

    Addressing journalists shortly after a four-hour meeting, Kuye explained that the committee, made up of chairmen of the 25 branches within the zone, decided to stay action on recommending any candidate.

    It agreed to report back to the larger house.

    She said that the deadlock was brought about by six petitions written against the committee, which, she regretted, contained allegations too weighty to be ignored.

    Two of the contenders, Mrs. Funke Adekoya (SAN) and Mr. Niyi Akintola (SAN)had, on Friday, announced that they could no longer subject themselves to the committee for screening because it had been compromised.

    Adekoya claimed that some of the branch chairmen had been financially induced to favour a particular candidate, while Akintola said: “a situation where a senior member of the bar is being screened by a legal practitioner with less than five years post call experience simply because he/she is a branch chairman is unacceptable to me.”

    Although some of the branch chairmen present at the meeting of the screening committee yesterday were dissatisfied with the participants’ refusal to adopt Dele Adesina (SAN) who, in their opinion, had been humble and respectful to the committee, Kuye maintained that proceeding to do such would jeopardise the unity of the forum.

    She said:”We received six petitions, two from Adekoya and Akintola and four each from Okitipupa, Badagry, Ikorodu and Ogbomoso branches. While some of the branches say their chairmen do not have their mandate, the two contestants alleged financial inducement and ineligibility of some committee members to screen them on the basis that they are too young.

    “These allegations are weighty and capable of dividing the group. We would be further splitting the Egbe if we just go ahead and screen one candidate. Let’s understand that the unity and integrity of the Egbe is at stake.”

    Kuye also spoke of the need to investigate the allegations against her committee.

    Her words:”Why would a lawyer of my calibre, with all the long years of reputation I have built over the years, allow my name to be soiled in the face of such weighty allegations?”

    The meeting turned rowdy at a point when some of the lawyers demanded evidence that anyone was bribed.

    “Where is the evidence of financial inducement? Where is the evidence? This is unfair!” they shouted.

    Kuye and other members of the committee, however, stood their ground, maintaining that the unity and continued existence of the Egbe was more important than anyone’s ambition.

     

    In the reactions of some unhappy branch chairmen who are loyal to Adesina told reporters that Adekoya’s financial inducement allegation was unfounded while Akintola’s comment on the age of the committee members at bar was an act of arrogance and disrespect to their profession.

    But Akintola said: “”I stand by my words. I respect young lawyers but when they begin to apply indecent tactics because they support one candidate, I won’t subject myself to them.”

  • NBA presidency: Why we adopted Adesina, by Southwest chairmen

    NBA presidency: Why we adopted Adesina, by Southwest chairmen

    Fifteen branch chairmen of the Nigerian Bar Association (NBA) yesterday explained why they adopted the association’s former General Secretary, Deacon Dele Adesina (SAN), as their presidential candidate.

    They said an agreement was reached in 2008 that Adesina should run when it is the Southwest’s turn again after he stepped down for the former NBA President Oluwarotimi Akeredolu (SAN).

    The chairmen, under the Central Working Committee of the Egbe Amofin, met in Lagos yesterday.

    At the meeting were members of the steering committee said to have been appointed on December 7 last year.

    Ten chairmen were present.

    Egbe Amofin’s interim chairman Mr. Adebayo Ayodele, who addressed newsmen after the Lagos meeting, insisted that 17 out of the 23 branches that make up the Southwest bar were in support of Adesina’s candidacy.

    He said: “We had directed Adesina in 2008 to step down for Chief Olarotimi Akeredolu (SAN). That meeting was chaired by Mr. Bamidele Aiku.

    “If in 2008, Adesina obeyed us, why must we not keep to our words since he listened to us the last time?

    “We re-affirm our support for the aspiration of Mr. Adesina, the endorsed candidate and charge him to continue to exploit all legitimate and realistic ways to sell his candidature.

    “We resolve to jointly and individually work hard to achieve a successful election of Adesina as the President of NBA come July 2014.”

    The chairmen described a parallel meeting of Egbe Amofin, holding in Ibadan, as “unfortunate”.

    “We consider this state of affairs as unfortunate. We believe the outcome of the Ibadan meeting today will convince the Chief Bamidele Aiku’s group that majority drives democracy and that there is the need to allow equity, fairness and justice to prevail in this matter.

    “We resolve that the obvious destabilisation effort of some of the members using the respected Chief Aiku should not be allowed to succeed. It must continue to be resisted.”

    He added:”We resolve to extend our hand of fellowship to all and sundry with a view to unify the forum under the principle of equity, fairness and justice which are essential elements of democracy and rule of law.”

    The interim executive said the Aiku-led leadership was “sacked” last year after the allegedly failed to attend the association’s duly adjourned meeting despite being invited by the chairmen.

    “The interim executive committee was put in place after the Aiku team was sacked,” Ayodele said.

     

  • NBA presidency: Why we adopted Adesina, by Southwest chairmen

    Fifteen branch chairman of the Nigerian Bar Association (NBA) yesterday explained why they adopted the association’s former General Secretary Deacon Dele Adesina (SAN) as their Presidential candidate.
    They said an agreement was reached in 2008 that Adesina should run when it is the Southwest’s turn again after he stepped down for former NBA President Oluwarotimi Akeredolu (SAN).
    The chairmen, under the Central Working Committee of the Egbe Amofin, met in Lagos on Saturday.
    At the meeting were members of the steering committee said to have been appointed on December 7 last year. Ten chairmen were present.
    Egbe Amofin’s interim chairman Mr Adebayo Ayodele, who addressed newsmen after the Lagos meeting, insisted that 17 out of the 23 branches that make up the Southwest bar were in support of Adesina’s candidacy.
    He said: “We had directed Adesina in 2008 to step down for Chief Olarotimi Akeredolu (SAN). That meeting was chaired by Mr
    Bamidele Aiku.
    “If in 2008, Adesina obeyed us, why must we not keep to our words since he listened to us the last time?
    “We re-affirm our support for the aspiration of Mr Adesina, the endorsed candidate, and charge him to continue to exploit all legitimate and realistic ways to sell his candidature.
    “We resolve to jointly and individually work hard to achieve a successful election of Adesina as the President of NBA come July 2014,” he added.
    The chairmen described a parallel meeting of Egbe Amofin, being held in Ibadan, as “unfortunate”.
    “We consider this state of affairs as unfortunate. We believe the outcome of the Ibadan meeting today will convince the Chief Bamidele Aiku group that majority drives democracy and that there is the need to allow equity, fairness and justice to prevail in this matter.
    “We resolve that the obvious destabilisation effort of some of the members using the respected Chief Aiku should not be allowed to succeed. It must continue to be resisted.
    “We resolve to extend our hand of fellowship to all and sundry with a view to unify the forum under the principle of equity, fairness and justice which are essential elements of democracy and rule of law,” he added.
    The interim executive said the Aiku-led leadership was “sacked” last year after the allegedly failed to attend the association’s duly adjourned meeting despite being invited by the chairmen.
    “The interim executive committee was put in place after the Aiku team was sacked,” Ayodele said.

  • Group backs Adesina for NBA poll

    A group of Yoruba lawyers, “Egbe Amofin”, has endorsed Mr. Dele Adesina (SAN) as its candidate for the Nigerian Bar Association (NBA) presidential election next year.

    At its Southwest caucus meeting, hosted by Ifedayo Adedipe (SAN) at Oba-Ile in Akure, the Ondo State capital, 17 of the group’s 23 branches endorsed Adesina’s candidacy.

    At the meeting were Wole Olanipekun (SAN); Aluko Olokun; Femi Falana (SAN); NBA , Ikeja branch Chairman Monday Ubani; Ondo State Attorney-General and Commissioner for Justice Eyitayo Jegede; former Ekiti State Attorney-General Seeni Owoyemi and Adedipe, among others.

    The group’s Interim Chairman, Ayodele Adebayo, stressed the need for members to speak with one voice and support a candidate from the Southwest.

    Adebayo said two other contestants, Mrs. Funke Adekoya and Adeniyi Akintola (SAN), who are also members of Egbe Amofin, have good leadership qualities but the group can support only one candidate.

    Olanipekun (SAN) urged members to be united.

    Adesina thanked them for supporting his candidacy and sought more support during the electioneering campaign.

    Adesina, an indigene of Ilawe-Ekiti, is a member of the NBA’s Ikeja branch.