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Tag: Lawyers

  • Lawyers root for Lalong, Abubakar, Tambuwal

    Lawyers root for Lalong, Abubakar, Tambuwal

    Lawyers are drumming up support for their colleagues who will be contesting the governorship election on April 11.

    Among those contesting are Simon  B. Lalong (Plateau State), M. A. Abubakar (Bauchi) and House of Reprsentatives Speaker Aminu Tambuwal (Sokoto).

    Leading the call are members of the Arewa Lawyers Forum (ALF), who believe their colleagues would transform the region and bring the much-desired dividends of democracy to  their people.

    They said lawyers have always shown the light in the leadership of their countries for others to follow.

    They cited Bill Clinton of the United States, the late Nelson Mandela of South Africa, the late Chief Obafemi Awolowo, Chief Solomon Lar, Babatunde Fashola (SAN),  Dr. Godswill Akpabio as lawyers who have demonstrated efficient leadership.

    Immediate past Nigerian Bar Association (NBA) Second Vice-President Steve Abar, endorsed Abubakar, saying his candidature “is one of the most welcome developments of this year”.

    “His candidature represents a struggle for justice, fairness, equity and good governance on the Plateau. He represents unity, progress,  development and all well meaning citizens of the State ought to rally round him to deliver the divends of democracy to the people.  Abubakar has successfully steered the ship of Arewa Lawyers for the past two years and has, undoubtedly, given a credible and focused leadership.”

    “Looking at the way Tambuwal emerged as the Speaker of the House and how he sustained the leadership of the House in the face of serious pressure, you easily attest to his mastery of politics and I urge the people of Sokoto State to vote massively for him on Saturday. Tambuwal will make a good governor for Sokoto State because he cares for the feelings, the yearnings and aspirations of the people.

    ‘’Only victory for our candidates will reposition the north and fast track the socio-economic and political development of the people.

    “The fact that Lalong is contesting for the office of Governor of Plateau State at this time is one of the most welcome developments of this year. His candidature represents a struggle for justice, fairness, equity and good governance on the Plateau. He represents unity, progress,  development and all well meaning citizens of the State ought to rally round him to deliver the divends of democracy to the people.

    “His previous experiences in governance as a Speaker of the Plateau State House of Assembly places him in a  vantage position to redirect Plateau on the path of true greatness. At this critical time in our nation’s history, Lalong is the way to go for Plateau,” Abar said

    Former Director, Public Prosecutions in Bauchi, Mr. Haruna Dele Mohammed, listed Abubakar’s attributes as good knowledge, attitude, skill and habits.

    He said: “He is well-read in law and administration. Has travelled extensively within and outside the shores of this country all in search of knowledge,  travel in itself they say is education and Knowledge.

    “Good Attitude, calm, calculated, good mind set and above all respect other peoples opinion and advice.His skill are immeasurable, he has a lot of experience in his training and practice as a Lawyer as well as in Administration  He has gathered administrative experience serving in the under listed but not limited capacities: DPP Bauchi State,twice  Attorney-General and Commissioner for Justice in Bauchi State.

    “He was chairman NBA Bauchi and he gave us good and credible leadership. He grew from the ranks, he knows his home state very well, he has always been with the people of Bauchi State and knows  their problems and the need areas. He is a man who matches words with action, he is not dogmatic, he is willing to borrow ideas from sister states, technology etc for the benefit and betterment of the people of the state.

    “I urge the people of Bauchi to come out en masse on Saturday, April 11, 2015, to vote for him, for transparency, accountability, drive, honesty, security and dividends of democracy  for everybody in the state.”

    Matthias Tsuwa, a National Executive Council (NEC) member in Bauchi, said he had known Abubakar since  2001, adding that he is a great achiever.

    “His having won the primary election of our great party, the APC, is really a great feat because he contested the primary with seven others who are no push overs and for him to have surmounted them is a great feat indeed. In fact, knowing the terrain of Bauchi  State very well, I can tell you confidently without any equivocation or shadow of doubt that Abubakar is the Governor of Bauchi State in waiting, the exercise of April 11, 2015 will confer the people’s mandate on him,’’ he said.

    Tsuwa said Abubakar would make a very good governor because he is a seasoned administrator. He said Abubakar worked in the Ministry of Justice, Bauchi and became the Attorney-General of the state between 1990 and 1992, adding that his tenure was very eventful. He turned around the fortunes of the ministry and affected the judiciary of state positively. “He later joined INEC and rose to the position of National Commissioner before he retired and continued with his active private legal practice where he left to join INEC.

    “The people of Bauchi really love him and they have demonstrated this in the rousing welcome he has been receiving from the tumultuous crowds that have turned out to receive him on his campaign tours of the nooks and corners of Bauchi. Also, judging from the past performances of the APC in Bauchi, it is clear that it is the party of choice in the state and Abubakar is only waiting to be sworn in come May 29, 2015,” Tsuwa said.

    Danlami Hassan Garba described Abubakar as competent, disciplined and trust worthy; he is legally minded, respects the rule of law and due process; he is  experienced as one time Commissioner both at state and federal level, he is Incorruptible and humanitarian in nature.  “He is just the person Bauchi people are yearning for, voting Abubakar as the Governor of Bauchi  will bring the change we had hitherto desired in the state. Bauchi will surely be better than ever under the leadership of  Abubakar as a Governor,” Garba said.

    Lalong, former Speaker, Plateau State House of Assembly in the Joshua Dariye administration, is seen by many as  humble and has leadership qualities that stand him out as the man for the job. “They see him as the man who has the capacity to step into the big shoes of late Solomon D. Lar because he shares the rofessional calling and idiosyncrasies with the late elder  statesman,’’ a lawyer said.

    Mr. Nankin Bagudu said: “Anybody who loves Plateau and is outside the state, should be back home from Wednesday,  April 8, latest to join in the struggle to free our people from the stranglehold of bad governance.

    “To our people this election is a decisive one, we must be united in the single minded determination to vote for change. We have two options, one will make us second class citizens  and the other  will free us from internal servitude, tribalism and corruption. The rightful candidate is Simon Lalong. Nothing less, nothing else, nothing more. To do otherwise will be to condemn our state, our children and the future generations to two different societies.

    “I believe Simon Lalong is it because he is not an appendage of the current government. He would do things differently and would correct the very many problems that the current government has created for us as a people. He is simple, teachable and ready to work with all manner of people to ensure that there is balanced development in the state.’’

    It was reported that some present and former elected and appointed leaders in the Peoples Democratic Party (PDP) in Bassa Local Government Area of Plateau, operating under the auspices of Kice Awareness for Change, have rejected the PDP governorship candidate in the state and adopted the governorship candidate of the All Progressives Congress (APC) in the State, Lalong.

    The Kice Awareness for Change members said at a conference in Jos, that the governor was wrong when he anointed his kinsman from Plateau North Senatorial Zone whereas  popular opinion favoured a southern Plateau person as the job.

    “We strongly support and endorse the candidature of Rt.  Hon Lalong and Prof Sunny Tyoden (as governorship candidate and running mate respectively) in the April 11, 2015 general elections. We reject in totality, political imposition or hegemonic local imperialism by a microscopic cabal in Plateau State” Kice said.

    Former chairman, Jos branch of the NBA, Mr. Caleb Dajan, said: ”I believe that Lalong will make a good governor. Every lawyer, by virtue of  his  training is a leader. Most countries that have made a choice of a lawyer as either President or Governor have never regretted it. Examples abound in the  United States, where we have lawyers as presidents and they performed very well. In Nigeria, we have examples of governors Babatunde Fashola (SAN)  of Lagos State, Dr. Godswill Akpabio of Akwa Ibom State, Governor Liyel Imoke of Cross River State and coincidentally,  all of them are my mates at the Nigerian Law School. You have the late Lar of the old Plateau State, who performed very well. I recommend Lalong to the people of Plateau State. He will not disappoint.”

    Former Secretary, NBA Jos branch and a member of the National Executive Committee of (NEC) of the NBA Jim Gotom, said: “Lalong’s record of community service has been remarkable. From his excellent record as national president Gamai youth movement he endeared himself to his people. As speaker Plateau State House of Assembly for two terms, he exhibited uncommon leadership. He resisted the offer to be governor by illegally impeaching former governor Joshua Dariye. That is uncommon principle.”

  • Lawyers urge Jonathan to sign amended Constitution

    Lawyers urge Jonathan to sign amended Constitution

    President Goodluck Jonathan has been urged to sign all the amendments effected on the Constitution and the Electoral Act (EA) by the National Assembly before Saturday to avoid a possible constitutional and legal crises during and after the elections.

    Senior Advocate of Nigeria (SAN), Sebastine Hon and the Executive Director, Policy and Legal Advocacy Centre (PLAC), Clement Nwankwo said in Abuja that it was imperative that the amendments were urgently assented to by the president to avert a possible chaos after the election and the transition period.

    Hon said it was necessary for the President to sign the amended Constitution into law, to avoid reverting to the 1999 Constitution (as amended) up to the 3rd Alteration Act.

    Nwankwo, who spoke during the unveiling of the Election Day Situation Room of Civil Societies Organisations (CSOs), and initiative of the Nigerian Civil Societies Situation Room, said the President’s signing of the amendment to the EA, will resolve the current issues surrounding the innovations introduced by INEC in the electoral process.

    Hon said: “With only about 72 hours or less left to the conduct of the Presidential election, grave constitutional implications lie in wait for all of us if these amendments are not signed into law.

    “In the first place, once elections are conducted, they would have been conducted pursuant to the current Constitution, hence the winners thereof can only take their oaths of office pursuant to and under the said current Constitution, the fact that Mr. President decides to sign it into law after the conduct of the elections notwithstanding.

    “Secondly, Election Tribunals and other courts trying election related matters must, by force of law, apply the existing Constitution as opposed to the amended one. This is because the Nigerian Constitution does not operate retroactively. The net will then be that all the efforts and resources expended in producing the constitutional document will be rubbished.

    “The further implication is that Nigerians will be deprived of enjoying the robust and dynamic alterations introduced by the legislature in the new constitutional document.

    “In legal jurisprudence, the law grows or is expected to grow at par with the society. So much has happened in the Nigerian society between 2011 and now, hence the imperative of the amendments introduced by the legislature in the amended constitutional document.

    “In other words, let Nigerians not be deprived of the enjoyment of the legal revolutions introduced by the legislature into the 4th Alteration Act.

    “I, therefore, again strongly urge Mr. President to sign the amended Constitution into law before Saturday the 28th of March, 2015,” Hon said.

    Nwankwo, who is also the coordinator of the Nigeria CSOs Situation Room, said “overall, the legal framework for the 2015 general elections provides satisfactory basis for the conduct of democratic elections in accordance with international principles and Nigeria’s international legal commitments.

    “However, a number of gaps still remain mainly due to the failure of the government to implement legal reforms proposed by INEC and other election stakeholders, suggesting, among other things, improvements in the process of appointment of INEC Commissioners, candidate nomination, campaign funding, regulation of voting procedure, women’s participation in politics and constituency delimitation,” Nwankwo said.

  • Obanikoro: Senate didn’t play by the rules, say lawyers

    Obanikoro: Senate didn’t play by the rules, say lawyers

    The Senate has confirmed Senator Musiliu Obanikoro as a minister, despite protests by senators from his  state and others, who insisted that things must be done right. Lawyers argue that it was morally wrong for the David Mark-led Senate to have cleared Obanikoro without insisting that he should clear himself of  allegations against him, especially his role in the alleged rigging of the last June 21 Ekiti State governorship election. Moreover, the matter is in court and it is the Senate’s tradition not to touch issues that are sub judice. Lawyers say the Senate did not play by its rules in confirming Obanikoro, reports ERIC IKHILAE.

    In spite of huge protests last Wednesday, the Senate confirmed Senator Musiliu Obanikoro as minister. Arguably for the first time in the Senate’s history, opposition senators staged a walk-out to show their objection.

    The three senators representing the nominee’s state rejected him. They are Senators Ganiyu Solomon, Gbenga Ashafa and Oluremi Tinubu .

    A record of eight points of order were raised by members in opposition to Obanikoro’s confirmation.

    Despite the strident opposition, Senate President David Mark moved the Red Chamber to confirm Obanikoro  regardless of the issues raised concerning his credentials, allegations of abuse of office during his last tour of duty, the pendency of court cases challenging his suitability for public office and the need to consider the implication of his confirmation on the conscience of the society.

    Ordinarily, Obanikoro comes with a rich profile. He was  a one-time chairman of Lagos Island Local Government (remember the fire at City Hall that time), former commissioner for Home Affairs in Lagos State (remember the incident at Hajj when he was Lagos State Amirul Hajj), a former distinguished Senator of the Federal Republic, former High Commissioner to Ghana and, until recently, the  Minister of State for Defence.

    Despite his political background, however, Obanikoro’s personality has over the years attracted negative attributes. He has, of recent, been mostly associated with conduct antithetical to his profile.

    houseLeaders of his home chapter of the Peoples Democratic Party (PDP), such as Chief Olabode George and Adeseye Ogunlewe, have, in most instances, described him in uncharitable terms. His party also portrayed him in a similar light when reacting to a suit he filed against it after losing the governorship primary last December.

    Obanikoro, in the suit marked: FHC/ABJ/994/2014, accused the party and its leaders of manipulating the primary against him. He accused  George and Jimi Agbaje (who won the primary) of engaging in criminal conduct.

    But, in its response, the party accused Obanikoro of working against its interest and plotting to frustrate it from fielding a candidate for the governorship election in Lagos. The party said Obanikoro stormed the venue of the primary in Lagos “in a black jeep with other security vehicles and 30 heavily armed mobile policemen”.

    Before his party accused him of working against its interest, the Lagos State Governor, Babatunde Fashola, was at a point forced to note Obanikoro’s seeming predilection for misapplying state powers, accusing him  of bringing soldiers to physically stop ongoing public housing projects. This was during his first coming as the Minister of State for Defence.

    In Ilaje Ese-Odo, Ondo State, he was also accused of bringing soldiers to intimidate opponents of his party during a by-election to fill a vacant House of Assembly seat. His alleged love for abuse of powers got to a ridiculous height with what has now been known as Ekitigate, in which a military personnel recorded voices of Obanikoro, Minister of Police Affiars, Jelli Adesiyan, a PDP governorship aspirant in Osun State, Iyiola Omisore and Ayo Fayose (who was PDP’s candidate), at a meeting where they allegedly plotted to use the military to rig the last Ekiti State governorship election

    While Adesiyan, Omisore and Fayose had reportedly admitted attending the meeting, but denied that they plotted to rig the election, Obanikoro has continued to deny that he was at the meeting where the recording took place.

    Aside the various allegations of his involvement in election manipulation, some cases are currently pending against him in some courts, challenging his eligibility to hold public office or stand for election in view of the many questions and contradictions about his person.

    One of such suits pending before a Lagos High Court, Ikeja was filed by three PDP members. The plaintiffs – Michael Babatunde Ogun, Suleiman Olayinka Saheed and Wasiu Adeniyi Odusan accused Obanikoro of falsifying his age.

    They also accused him of voluntarily acquiring the citizenship of the United States (US) without renouncing his allegiance to Nigeria, the country of his birth.

    Ogun, in a supporting affidavit said: “Obanikoro deliberately declared falsely in his answer to Question 9 Part B of the aforementioned affidavit when asked whether he had changed his nationality in the past and if so, what the nationality was, by answering ‘that is not applicable,’ when he knew that he had in actual fact acquired the citizenship of the U S as contained in his American Passport No.025317195 issued on June 16, 1995.

    “Also, Obanikoro deliberately falsified his date of birth and age as the 28th of July 1954 and 52 years respectively notwithstanding the fact that Obanikoro knew that his official Nigerian passport and his diplomatic passport No.F0004473 and D0002471 respectively showed contrarily that his actual date of birth is the 28th of July 1960.

    “His American passport and application for admission to the Texas Southern University, Houston Texas including extracts from Obanikoro’s marriage records to Jewel M. Weller in the Harris County 1982 Marriage Records support the assertion that Obanikoro’s actual date of birth is 28th July 1960 as opposed to false declaration of 28th July 1954,” Ogun said.

    There is also the question about his actual surname, whether it is Obanikoro or Onikoro. The suit being prosecuted for the plaintiffs a Lagos-based lawyer, Wahab Shittu, has been fixed for tomorrow for judgment by Justice Kazeem Alogba.

    Obanikoro bears the heavy baggage of unresolved allegations of abuse of powers and pending cases, which query his eligibility to stand for election or be appointed to public office. These formed the basis of the objection by opposition senators, but the Upper Chamber confirmed him without caring about how the people felt.

    Many argued that the Senate’s confirmation of Obanikoro and the role played by the Senate President, again, called to question his leadership credentials, bearing in mind his antecedents.

    They queried the double standard played by Mark in the whole episode, wondering why the Senate President, who once told Senator Olubunmi Adetunmbi (Ekiti North), to drop a motion seeking the Senate to look into the role Obanikoro played in the Ekiti election on the ground that the matter was in court, chose to close his ears to the information that issues concerning Obanikoro’s suitability for appointment into public office formed the subject of a pending suit in court.

    Observers wonder whether the Senate President was not aware that court processes were legitimately served through media publications, when he argued to the effect that the Senate would not rely on media reports about the pendency of the suit before the Lagos High Court in deciding whether or not to confirm Obanikoro.

    They faulted the Senate leadership’s reliance on its funny practice that a former member of the legislative chamber must not be subjected to questioning before confirmation. They queried President Jonathan’s motive in insisting that Obanikoro, despite the allegations and court cases against him, must be made a minister.

    They also wonder whether his nomination and clearance by the Senate were intended to enable him re-enact what has now become the Ekitigate or meant as a compensation for him to back down on his alleged plot to scuttle the party’s chances in Lagos and, possibly, the Southwest.

    Lawyers, including Mahmud Magaji (SAN), Dr Ambrose Owuru, Wahab Shittu and Festus Keyamo argued that the confirmation of  Obanikoro by the Senate was not only a denigration of whatever the country stands for, it also offended the dignity of the people. They queried the haste in the Senate’s decision when the many queries about his conduct during his first coming were yet to be resolved.

    Magaji noted that it is the requirement under the Constitution that people to be appointed as ministers should be those with unimpeachable character. “And that at the verge of confirmation, the Senate President will pronounce that you have indeed, been found to be fit and proper to be appointed as a minister of the Federal Republic of Nigeria.

    “If that is the position, it means the conduct of the Senate, in clearing Obaikoro, has completely eroded the trust of Nigerians on the Senate to protect the provisions of the Constitution. And, of what benefit will it be if the international community sees us as a bunch of people led by people with questionable character.

    “This is the impression we create when we appoint people with questionable character as ministers of the Federal Republic of Nigeria. I think this will not only affect us at home, it is capable of eroding the trust and confidence that other nations have for us. It is sad,” Magaji said.

    Owuru contended that the Senate did not act well. He noted that since its members represent Nigeria, they ought to consider their action on the image of the country.

    Owuru, who is also the presidential candidate of Hope Democratic Party, argued that a responsible senate would have deferred the matter and seek to protect the nation’s image because Nigerians are already perceived as “people of anything goes; a corrupt people.

    “So, when a man is under some measure of investigation, and wants to be a minister of the Federal Republic of Nigeria, and is accused of having abused his position in previous outing, there is the need to be cautious. I do not see the need to hurry to confirm such a ministerial nomination at this time. And we are close to elections, unless they have ulterior motive. If not, it is not something that is proper to do.

    “This is sending a wrong signal out there, because they represent Nigeria and don’t forget that the world is following developments here. What if, during the next election, this fellow is found involved in any unwholesome practice, would it not attract negative reaction? This is why we must be careful. It should not all be about winning election. It should be about how we run the country for the good of all,” Owuru said.

    Shittu said although it will be wrong for him to comment on the issue, being the plaintiffs’ lawyer in the case before the Lagos High Court, the Senate ought to have waited for the outcome of the case before confirming Obanikoro.  He said the case has been adjourned till tomorrow for judgment.

    Keyamo contended that “for anything at all, they (members of the Senate) should have waited for the allegations against Obanikoro to be fully investigated before considering his nomination. That they confirmed him is a shame.”

     

     

  • Olanipekun, others hail book on lawyers

    A book For the love of their
    Nation     – Lawyers as agents of  change in Nigeria, written by a journalist,  Mustapha Ogunsakin, will be presented in Lagos on March 13.

    It features  a rare collection of interviews with prominent judges such as the late Justices Kayode Eso, and Chukwudifu Oputa; and retired Justices of the Supreme Court such as Justice Odemwingie Uwaifo, and Justice Adesola Oguntade.

    Other jurists such as Judge Bola Ajibola (SAN), Justice YahyaJinadu, Justice NkemIzuako, and Justice Samuel Ilori were also featured, among others.

    The book also profiles some eminent Nigerian lawyers and their contributions to national development, whose activities the reporter published in the course of covering the administration of justice system in Nigeria for 22 years.

    Eminent Nigerians including Nigerian Bar Association (NBA) president Chief Wole Olanipekun (SAN) have hailed the book.

    The Attorneys-General profiled in the book include the incumbent Mr. Mohammed Bello Adoke (SAN), Former Attorney-General of the Federation, Chief Bayo Ojo (SAN), former Attorney General of Lagos State, Prof. Yemi Osinbajo (SAN), the incumbent, Mr. Ade Ipaye, former Attorney General of Bayelsa State, Chief Anthony George- koli (SAN), the Attorneys-General of Kano State, Mr.  Malik Umar, Niger State, MrAbdullahiBawa, and Delta State, Mr Charles Ajuyah (SAN), among others.

     

  • Lawyers walk for Buhari/Osinbajo

    Lawyers walk for Buhari/Osinbajo

    A group, Lawyers for Change, at the weekend held a rally in Oyo in support of the presidential candidate of the All Progressives Congress (APC), Gen. Muhammadu Buhari and his running mate, Prof. Yemi Osinbajo.

    Speaking at the rally, the Coordinator, Adesina Ogunlana, said the Nigeria Bar Association (NBA) is for all lawyers but Lawyers for Change is a political group.

    Ogunlana urged voters to vote for change, Buhari and Osinbajo because the Peoples Democratic Party (PDP) has ruined the nation and its economy.

    NBA Secretary, Oyo State branch, Olajide Olanipekun, said: “Lawyers for Change is not about the NBA or politicking but we believe in Buhari/Osinbajo, especially Osinbajo, who is a professor of law and a former  attorney-general in Lagos State for eight years.

    “If  we don’t have professionals like these in the forefront, we will definitely be led by the knowledge of the mediocre. Nigeria is so buoyant that we can afford anything and that is the reason we need Buhari and Osinbajo to put things right because they have the integrity to manage our resources.”

  • Embrace new areas of practice, lawyers urged

    Embrace new areas of practice, lawyers urged

    THE Lagos Archdiocese branch of the National Association of Catholic Lawyers (NACL) has urged lawyers to embrace new strategies and emerging areas of practice to improve their income and remain relevant in a globalised world.

    At a seminar organised by the group, titled: “Alternative Income Generating Strategies for Lawyers in Practice” held at the Lagos Resources Centre, Victoria Island, Lagos, NACL’s President, Mr. Chukwuma Ezeala, said the seminar was aimed at exposing lawyers to other sources of income. He said the country witnessed strikes at the Judiciary as well as slow movements in litigation, adding that the Police and other law enforcement agencies had taken many of lawyers’ jobs.

    He said: “Above all, many non-lawyers are gradually making great incursions into our sacred areas of practice such as arbitration, mediation and other alternative disputes resolution mechanisms. Our younger colleagues who have not been fortunate to get placement or spaces in law firms are increasingly becoming prey to the uncertainties pervading the system. Unfortunately too, some of them that made attempts at 419 are facing the music while others have taken a leap into political thuggery and other unwholesome acts.’’

    Speakers at the seminar were Mr. Kemi Pinheiro (SAN), Chief Tony Idigbe (SAN), Lawrence Fubara Anga, Emeka Oscar Albert, Mazi Okechukwu Chris Unegbu and Mrs. Abimbola Olufemi.

    Pinheiro (SAN) said while looking for alternatives and strategies to make more cash, a lawyer or law firm, one must remember the restriction placed by ethics that a lawyer cannot advertise or charge excessive fees.

    “This is unlike lawyers in the United States of America and Solicitors in England who are allowed some measure of advertisement in moderation.

    Likewise, the rules of professional ethics specifically discourage the issue of excessive charges by the lawyer. In any event, as it relates to litigation, a client has a right to challenge our excessive billing before the Master i.e. the Registrar. However, a lawyer is permitted to negotiate his fees. A smart lawyer would do well not to over invoice his client, if he is to keep the client.

    “It is to be assumed that before a lawyer seeks alternative income generating strategies; such a lawyer must have a functional chambers or office from where to operate.

    “The practice of law will involve setting up an office moderately equipped with up to date library and e-library modern facilities such as computers, photocopiers, telephone and other equipment to make for efficient execution of assignments for his clients

    “Before a lawyer will think of alternative income generation, presumption exists then that there must be an existing income for the lawyer in legal practice. Having regard to the restrictive context of this discussion, and in order to fully appreciates the scope, the question will invariably be asked, what then is legal practice”. Pinheiro stated.

    On whether a lawyer should specialise in litigation or in other solicitor’s jobs, he advised that a lawyer must have a solid base. The firm or chambers will be a veritable asset to carry out the instructions of the client, Pinheiro added.

    Mazi Unegbu said: “Over the years and until recently, legal practice and lawyers have depended on what I call a mono-practice life. The issue of alternative dispute resolution was hither to not popular with legal practitioners and most lawyers when this came up, were very skeptical of the effect on their legal practice which is mainly litigation. In fact, at a seminar organised by the Federal Ministry of Justice on mediation in 2005 in which I was a facilitator, the question for most lawyers was whether the suggested alternative dispute resolution would not curtail their income. An alternative income generation for lawyers requires rigorous, conscious planning with many variables and signposts such that you can juggle the contents with ease. We think that by now and what is happening in the legal profession that a multi-disciplinary approach to law practice is the way to go. Most lawyers specialise in property management competing with estate agents who practice their trade without integrity and can undercut lawyers in this area.”

    He urged lawyers to acquire more skills, saying: “In other to diversify your sources of income you must be ready to diversify your skills and you must be ready to open up yourself to competition. Gone are the days when certain functions were the preserve of some professions.

    These days, most professions have some aspects of other professions. For

    example, if you are studying estate management in the university, you may be required to take certain courses from the law faculty and this is why  estate managers have cut into preserves of lawyers. The competition among law firms have increased tremendously and there is also competition, particularly in Nigeria among firms owned by Senior Advocates of Nigeria (SANs) in areas, such as litigation, property management and formulation of legal opinions and individual lawyers or small law firms compete with these ‘giants’. Why not let us leave the giants and consider other means of increasing our bottom line? Why not let us evolve businesses from legal issues so called? There is no business existing from birth to death without a legal attachment. Of course in delving into non-legal businesses you would need to acquire new skills; this will mean paying some money to attend courses organised by relevant professions. In going into non-legal businesses we should keep in view the rules on conflicts of interest and ethical behavior.’’

    The Chairman of the Organising Committee of the event, Geraldine Wey, said the seminar would be of interest to young lawyers to enable them avail themselves of the opportunities to expand their frontiers in their practice.

     

                                                                     

     

     

  • Lawyers back colleague’s governorship bid

    Lawyers back colleague’s governorship bid

    A head of the April 11 governorship election, members of the Nigerian Bar Association (NBA) Jos branch have backed the governorship bid of their colleague Simon Lalong, who is running on the All Progressives Congress (APC) platform.

    Lalong informed the branch of his ambition last Thursday.

    Lalong, former Plateau State House of Assembly Speaker, was the branch’s Assistant Secretary. He believes lawyers are the society’s leading lights, adding that he would implement his party’s laudable policies in the state.

    He vowed to use his wealth of experience in governance to ensure that all segments of the society are transformed under his administration, assuring that the masses’ welfare and youth employment would be foremost in his agenda.

    The branch Chairman, Mr. Ledak Dazuk Dafer assured Lalong of the branch’s unflinching support.

    He said: “We have about five of them contesting and we have given all of them opportunity to address us.

    “My expectations from them is that they will excel because they will apply the unique training of a lawyer in addressing socio-economic and political problems of the country

    “You know that the legal profession is a respectable one because it trains people in character and in learning and by the grace of God, I expect all the best from them. They should perform well like we already have templates across the country. They had done well as lawyers, so I am sure that they will definitely perform if elected in their respective offices of aspiration.”

    He added: “Lawyers are agents of change, we have gone around educating voters to make good use of the forthcoming elections by participating massively and voting for candidates of their choice.”

    Immediate past NBA Vice-President Mr. Steve Abar said Plateau State was privileged to have Lalong as a governorship candidate.

    “I say this because he is a quintessential leader, a gentleman per excellence, an epitome of humility, a selfless leader who cherishes the virtues of honesty, modesty, truth and genuine service. He is an apostle of the rule of law, justice and equity, a rare breed politician not given to graft and self aggrandizement or the primitive acquisition of wealth which is the hallmark and characteristic of most politicians of today.

    “Lalong is a person passionately committed to the growth and development of Plateau State, a passion he has demonstrated in the various opportunities in leadership he has had in the  state. He has been tested and proven as a practicing lawyer and a committed member of the NBA. In the past, he creditably served the NBA Jos Branch as an Assistant Secretary before hearkening to the call of his constituents and was elected to represent them in the Plateau State House of Assembly.

    “In the House, he rose to the enviable position of Speaker, a position he occupied for about seven years and his era witnessed unprecedented stability and high level of legislative enactments, notwithstanding the destabilizing efforts of the Federal Government and its Agencies.

    “He excellently passed the true test of character by resisting the then President, Olusegun Obasanjo and the Economic and Financial Crimes’ (EFCC) offer to aid the illegal impeachment of Chief Joshua Dariye and benefit therefrom by being rewarded with the Governorship of Plateau State at the time.

    “The courts eventually vindicated his stance when it nullified Dariye’s illegal impeachment. The subsequent Federal Government/EFCC sponsored attempt to recall him from the House of Assembly was also stoutly resisted by his constituents who overwhelmingly voted for him in the referendum organised for that purpose.

    “If elected as Governor, Rt. Hon. Lalong will be bringing to the stable of governance his wealth of experience garnered overtime in the judicial and legislative arms of Government, both as a practicing lawyer and as member/Speaker of the Plateau State House of Assembly.

    “Another critical benefit of his election is that it will be a re – unifying factor and rallying point for a just, equitable, peaceful and progressive Plateau State. It will also restore the harmony requisite to galvanize unprecedented and even development of the Plateau State. It is an indisputable fact that the candidacy of his major opponent has left the citizens of Plateau State in a fractious and disunited condition.

    “To my mind, a Lalong and Prof. Trodden governorship will restore Plateau State to an era of unprecedented peace without which there cannot be the critically needed development. This why lawyers in Plateau State and I in particular are rallying around and rooting for him,” Abar said.

    Aformer chairman of NBA Jos branch, Mr. Caleb Dajan said Lalong would be following in the footsteps of the state’s former governor Chief Solomom Lar.

    “We very confident that a lawyer will do better as the Plateau State Governor because we have  seen lawyers in Lagos, in Akw Ibom, in Enugu State and we have seen how they performed, so we don’t expect anything less from Rt. Hon Lalong in Plateau State,” he said.

     

     

     

  • Lawyers seek candidate’s disqualification

    Some Benin lawyers have concluded arrangements to sue the Edo South Peoples Democratic Party (PDP) senatorial candidate, Matthew Urhoghide. They are asking that he be disqualified from the March 28 general elections.

    The team, led by Enogieru Osarumwenze, addressed reporters in Benin where they said there is evidence from the Independent National Electoral Commission (INEC) that Urhoghide did not submit his primary school certificate, and West Africa School Certificate (WAEC) as required by the  Constitution and the Electoral Act of 2010.

    They opined that if Urhoghide misplaced his certificates in 2002, he should have obtained a certified true copy from WAEC, 13 years after the alleged misplacement.

    “We are realistic here. We were unable to find Urhoghide’s primary six certificate and WAEC certificate in University of Benin (UNIBEN), where he allegedly graduated from in 1983.

    “We want Urhoghide to explain why he cannot obtain a certified true copy of his WAEC certificate from WAEC and UNIBEN, 13 years after his allegation that his certificate might be misplaced.

    “We have already obtained certified true copies of Matthew Urhoghide’s forms, affidavit and credentials from INEC and we are confident the court will grant our prayers to disqualify him from Edo south senatorial race.”

  • Why polls cannot be postponed again, by lawyers

    SIX weeks seem like a long time. That is at least to the security chiefs. Within that period, they are to have carried out the ongoing assault against the Boko Haram to an appreciable level. The terrorists would have been dislodged from conquered territories and chased to the backgrounds, the security chiefs believe.

    The arrival of military hardware and equipment would further help security forces to tackle the few elements giving Nigeria a bad name. The security chiefs are confident the next six weeks would be sufficient to flush back the terrorists and secure the nation. That was what informed the postponement of the polls to March 28 and April 11.

    With that done, elections can hold because security would have been improved and enhanced in the North-East and environs. On paper, that appears an achievable plan. Security chiefs are insistent they will deliver on time and as planned.

     But not many Nigerians are that enthusiastic. They believe the ruling Peoples Democratic Party (PDP) devised the postponement to buy time and plan for massive manipulation of the electoral process. They say the party was afraid of facing the electorates and losing to the opposition. Former Minority Leader of the House of Representatives, Hon. Emmanuel Arigbe-Osula, is one of them. He said the ruling party deliberately frustrated the holding of elections because it was certain it would lose. The insecurity challenge, according to him, was not a recent development that caught anybody off-guard.

    He said: “There is no doubt the PDP had this all thought out. They waited till elections were a week away before realising there was no security. .”

    According to the Senior Advocate of Nigeria: “We have exceeded the window allowed for postponement. We have reached a point where it is either the elections hold or we walk into a major political, national and constitutional crisis that no one can tell where it will lead to. If there is any postponement again, then we are back to the days of June 12.”

    The elections, Sagay insisted, must “hold to avert a constitutional crisis of unimaginable proportion.” He was of the opinion that any further postponement would mean the ruling PDP is out to frustrate Nigerians and scuttle democratic rule. “The elections must hold if we love this country. If not, we are all in trouble and there would be no hiding place for Nigeria and Nigerians.”

    To Barrister Festus Keyamo, Nigerians “should smell a rat should there be another postponement.” The last postponement, he said, has drawn the nation to a point where “there would be no limit again.” Even if the armed forces cannot reclaim the conquered territories from Boko Haram in the next six weeks, he maintained the country must go ahead with the polls.

    Former Chairman of Nigerian Bar Association (NBA) Ikeja branch, Monday Ubani, stated that to postpone the elections any further would mean “invitation to military intervention through the backdoors.” He said such development will truncate democracy, wondering why transition should be an issue after 16 years of uninterrupted civilian rule. Will mean we are ready for a constitutional crisis.”

    But will the security forces take this to cognizance? Will the six-week window close without any progress against terrorism? Will the elections still hold? Or do we consider another postponement despite the inherent dire constitutional crisis?

  • Judges, lawyers decry non-use of labour law report

    Judges, lawyers decry non-use of labour law report

    Judges and senior lawyers have decried the poor reference to Nigeria Labour Law Report (NLLR) by lawyers, urging them to get acquainted with the report to further enhance jurisprudence.

    They make the call at the weekend during a colloquium on Employment law and practice in Nigeria, organised as part of activities marking the 50th birthday of the Publisher, NLLR, Enobong Etteh.

    It had as theme: Advancing the frontiers of Nigerian Law through Law reporting; Nigerian Labour Law Reports as a case study.

    At the event were Justices Habib Abiru of the Court of Appeal and Stephen Adah of the Rivers High Court; Justices of the National Industrial Court (NIC), Prof. James Agbadu-Fishim and Prof. Benedict Kanyip; a labour law guru, Prof. China Agomo; Health Law expert, Gani Adetola-Kaseem (SAN); James Ocholi (SAN) and Solomon Awomolo (SAN), among others.

    The stakeholders noted that the use of the NLLR among practitioners was below the average despite the fact that the publication has been in existence for a decade.

    They said there have been milestone and classical judgments delivered by the NIC and reported by the NLLR, but most lawyers, who are ignorant of the judgments, most times cite cases out of context.

    Kanyip expressed worries that despite abundant landmark decisions of the NIC, labour lawyers still based their arguments on decisions of the appellate and Supreme Courts.

    “The point I simply wish to make is that the utilisation of the Nigerian Labour Law Reports by lawyers has been generally less than satisfactory, especially for a court like the NIC, whose decisions are subject to minimal right of appeal.

    ”I have heard arguments of counsel regarding, for instance, Section 7 of the NIC Act, 2006, on the ambit of the court’s jurisdiction over issues relating to labour. The disturbing thing is that even when the National Industrial Court has made pronouncement on what the word labour means for the purpose of jurisdiction, counsel chose not to even refer to such a decision, they preferred to rely on the Supreme Court and the Court of Appeal cases, even when these cases are of no relevance,” said Kanyip, who appealed to lawyers to get acquainted with the NLLR.

    He said the idea behind the NLLR was to fill the gap created by the lack of the NIC’s law report it stopped producing, adding that lawyers can only get to learn about the identity crisis in labour law by keeping abreast with recent developments.

    “There is a quiet revolution going on at the NIC since 1999 after the promulgation of the court as one of the courts of record … Irrespective of employers’ right to hire and fire, it is no longer globally fashionable to terminate an employment without a justifiable reason,” he said.

    Similarly, Agomo said law students were also liable, noting that despite the existence of the NLLR on the book shelve since 2004, most of her students do not know about it.

    She advocated the need for the chamber, Rochebas Solicitors, to set up strong resilient and aggressive marketing team that can cover the country, urging the publisher to encourage the students by subsidising the shelf price for them.

    Etteh said he had been excited by labour and employment related matters, noting that his first labour dispute case was a year after he was called to bar.

    “I was assigned a Labour Law Case in 1991. It excited me because I saw the opportunity of fighting for some employees of the Federal Ministry of Industries, who were wrongly retired from service. Again in 1993, I had to do a labour case with the firm of our late Sage, Chief Kehinde Sofola, (SAN). That case was reported as the Association of Senior Civil Servants of Nigeria, Nigerian Civil Service Union (2004) 1 NLLR (Part 3) 429.

    “That was a personal brief, which I brought to the firm because I had a personal decision not to hide any case file when my principal walked into my office. That case had two indelible impacts in my life. First, it made me fully understand the challenges facing industrial law practice in Nigeria and secondly, it eventually became the platform for building a great solicitor/client relationship with a trade union that has spanned over two decades.

    “By the turn of the second millennium, I began to feel the fire of conservative activism agitating my spirit I kept hearing, you must do something about the state of Employment Law Practice in Nigeria. The fire became unquenchable and by 2002, I had to ignite a quiet campaign for labour justice reforms in Nigeria. Ordinarily, I could have hit the press or media.

    “But I choose to do the activism the conservative way by sending a 17-page Memorandum for Reforms to the then Chief Justice of Nigeria, Mohammed Uwais, CJN (as he then was), GCON. The then CJN acted pronto on the memo and went to work on the recommendations.

    “I can tell you that 2002 Memo to the CJN triggered the current reforms in the labour justice sector. It was in furtherance of that quiet campaign that I jumped into the deep sea of law reporting. I have put my hand into the plough and there is no looking back.

    “I needed to bring labour law decisions to limelight. I needed to turn the focus of stakeholders to this forlorn area of practice. I needed to agitate the minds of the Bench and the Bar to ask what this gentlemen saw in an area of law erroneously viewed as narrow.

    “I needed to provoke legal and labour practitioners to join in the campaign for reforms. My wisdom was variously questioned by my friends. Even my state Attorney-General then, honestly advised me to expand the scope of the Law Report to secure its future.

    “But I was driven by vision and passion. I saw a day in Nigeria when the rights of employees and employers would be redefined. I saw a day when the right to hire and fire will not be without question. I saw a day when there would be an NIC in every state of Nigeria.

    “I saw a day when the doors of sovereignty will be opened for international best practice to influence the way Nigerian workers are being inhumanly treated in factories and construction companies.

    For that day to come, I needed to take a risk.

    “For that day to come, I needed to contribute my quota. Nigerian Labour Law Reports, a primary source of law in labour jurisprudence, was one of such risks. Don’t ask me how many tons of naira in millions we have sunk in to pursue this dream. Don’t ask me the sleepless nights with my gang of risk takers that we have put in. But in all, at 50, I feel a sense of fulfillment that the risk was worth taking.