The Nation Newspaper

Tag: Lawyers

  • Lawyers ask Rights’ Commission to probe attacks on Ekiti court, others

    Lawyers ask Rights’ Commission to probe attacks on Ekiti court, others

    Some lawyers involved in the suit challenging the eligibility of Ekiti State’s Governor-elect, Mr. Ayo Fasose, have petitioned the National Human Rights Commission   (NHRC).

    They accused Fayose and his party, the People’s Democratic Party (PDP), of threatening their lives and violating their rights to practice their profession.

    The lawyers, Norrison Quakers (SAN) and M.J. Onigbanjo (SAN), in a petition addressed to NHRC’s Executive Secretary, Prof. Bem Angwe, dated September 29, accused the PDP of organising the thugs that invaded the Ekiti High Court premises on September 22.

    The petitioners said the thugs attacked Justice Olusegun Ogunyemi, the claimants, lawyers, judiciary workers and others in court.

    The petition reads: “We write to report to your office and formally bring to your attention the barbaric and barefaced violation of the constitutionally guaranteed rights of the claimants (litigants), claimants’ counsel, the judge and other officers of the court by thugs who were organised by the PDP on the September 22, 2014 and invaded the Ekiti State High Court, particularly Honourable Justice Olusegun Ogunyemi’s courtroom.

    “The claimants, having instituted a suit challenging the eligibility of Mr. Peter Ayodele Fayose to contest the June 21, 2014 Ekiti gubernatorial election were in court on the said September 22, 2014.

    “On the said date, the claimants were represented in court, the 1st to 3rd defendants, the 4th defendants, the second defendants were all represented , while a handful of Fayose’s supporters, who were sporting Fayose branded shirts, were hanging outside the courtroom, which was full by the corridor.

    “The court, in delivering its ruling, held that it has jurisdiction to hear and determine the substantive matter before it, as striking out the names of the 2nd claimant and 2nd defendant for being non-juristic persons did not affect the substantive suit before the court.

    “The court thereafter stood down the matter till 12p.m for ruling on the application of the 1st and 3rd defendants. After the court rise, Owoseni Ajayi met with the supporters and explained to them what had transpired in court and the implications because shortly after, there were mumblings and arguments outside.

    “Sometime after 11a.m, the police and other security operatives told the gathering in the court premises to leave as they were growing in numbers. Around 11.30a.m, we heard voices from inside the courtroom and upon looking outside the window, we discovered that a light-skinned man wearing a white Yoruba traditional attire, whom we later learnt is one of Fayose’s right-hand men, led the crowd into the court premises and court room. Although the police initially resisted, however, the crowd under the leadership of the light-skinned man prevailed due to their large numbers.

    “Subsequently, the man and a part of his crowd marched into Justice Ogunyemi courtroom where they started to stir trouble by challenging the police officers on their partiality in allowing the claimants to sit in the courtroom and not the defendants. It was obvious that this group of people had another agenda, which subsequently unfolded. One of the litigants was dragged from his seat, assaulted and physically brutalised before forcefully dragging him on the floor out of the courtroom while police officers stood by helplessly.”

    The lawyers added that “in close sequence to coming into the courtroom, outside the window, we saw hoodlums in large numbers carrying cudgels, branches that were snapped off the tree in the court premises, metal objects and other instruments we could not ascertain at that point, they proceeded to harass and assault litigants in the court premises. The hoodlums later came back to the court where we were and were saying ‘awon APC na da’ (where are the APC supporters).

    “Owoseni Ajayi, the lawyer, who appeared for the 1st and 3rd defendants (PDP and Fayose), instructed the hoodlums not to assault any lawyer. He was also heard saying, ‘this kind of thing is bound to happen, you cannot expect the judge to deliver the kind of ruling he delivered and this breakdown will not happen. They are justified to react this way.’

    “We are therefore apprehensive for our safety and that of our legal team’s lives, the dignity of our human persons, our right to practice our profession and our clients’ rights as citizens of Nigeria to seek redress in the court of law. All the foregoing rights mentioned above were clearly violated by the instigated mob, whose objectives included ensuring that the court did not deliver its scheduled ruling at 12 noon and or conduct any other business thereafter and to bully, intimidate and instill fear in the court in an attempt to obstruct justice to the point where the court would be too apprehensive to subsequently hear the case prior to the swearing in of Fayose on the October 16, 2014.

    “Should this unfortunate display of desecration of the hallowed temple of justice, which is supposed to be the last hope of the common man be allowed to persist unprosecuted, we all would be recorded for posterity as the people who sat with arms folded while miscreants and hooligans took over and controlled the administration of justice and overall balance of the society.”

    The petitioners urged the NHRC to use its good office and wherewithal to investigate the matter, with a view to unearthing those behind “this shameful display of banditry and gross violation of human rights with a view to prosecuting and bringing them to justice.”

  • Outrage over invasion of Ekiti court

    Outrage over invasion of Ekiti court

    •Fayemi urges action
    •Six suspects get bail

    Senior lawyers, activists and others were angry yesterday over Monday’s invasion of an Ekiti High Court by thugs after a judge assumed jurisdiction in a case against Governor-elect Ayodele Fayose.

    Policemen watched helplessly as the thugs hurled missiles at judges, lawyers and other officials who scampered for safety.

    Lawyers described the action as “barbaric”, a “desecration of the temple of justice” and “an act of judicial terrorism”.

    Governor Kayode Fayemi visited the court premises and promised to bring the perpetrators to justice.

    Nigeria Bar Association (NBA) Publicity Secretary Mr Gbolahan Gbadamosi, said the lawyers’ umbrella body would make its position known later.

    “NBA will issue appropriate statement later,” he said in a text message.

    Former Nigerian Institute of Advanced Legal Studies (NIALS) Director-General Prof Epiphany Azinge (SAN), Malam Yusuf Ali (SAN), Mr Mike Igbokwe (SAN), Dr Joseph Nwobike (SAN), constitutional lawyer Ike Ofuokwu and a human rights group, Access to Justice (AJ) called for the prosecution of the perpetrators to forestall a negative pattern.

    Azinge said said if anyone felt the court’s decision was not fair, he should have gone on appeal rather than taking the law into their hands.

    His words: “That is thuggery taken too far. The independence of the judiciary is not only guaranteed when government, either the executive or the legislature interferes in the activities of the judiciary.

    “It extends to where individual litigants, either corporate bodies or personalities before the court take the laws into their hands to challenge or question the actions or activities of the court.

    “There is always a way of ventilating grievances against the decisions of the court and the laid down procedure and the forum is to wait and then follow the channel of appeal against any judgment.

    “A situation where we now believe that the court is the last hope of the common man and that hope is eroded by people anticipating actions or decisions of the court and challenging them wittingly or unwittingly by trying to intercept that judgment by attacking the court is one that is totally unacceptable to a democratic setting.

    “To that extent it stands to be condemned. The police must ensure that the courtrooms are well protected, not just when the court is sitting, but all round the clock to make sure that not just the personnel involved, but all documents and property of the court are continuously protected.

    “If we don’t do that, then it means that we’re bidding farewell to the judiciary and to an extent our constitutional democracy in this country.”

    Ali described the attack as an abominable act .

    “It’s an abomination that should not be encouraged,” he said.

    To Igbokwe, the incident is not only contemptuous, but a violation of the hallowed precincts of a court.

    “It is a desecration of the highest order of the temple of justice. Indiscipline. Contempt of court. Who did they want to intimidate?

    “The culprits should be fished out, tried and, if found guilty, punished accordingly so as to deter similar occurrences in the future.

    “Security at the courts/tribunals should henceforth be strengthened and their members protected,” he said.

    Nwobike said the Ekiti court mayhem is not only disturbing, but highlights what he called institutional failure on the part of security agencies.

    “What happened at the Ekiti State High Court is very disturbing. I cannot imagine this extent of institutional failure in Ekiti.

    “I call on the Inspector-General of Police and the Director-General of the State Security Services to investigate and punish all those responsible for the ugly development,” Nwobike said.

    Ofuokwu described the incident as judicial terrorism, adding that the perpetrators must be severely punished to serve as a lesson to others.

    “What transpired at the Ekiti State High Court was an affront of an unimaginable proportion on the Nigerian judiciary, which was orchestrated by the political class to intimidate the judiciary and, by so doing, undermine the integrity of the legal system.

    “If this act of impunity and political rascality is allowed to go unchallenged, a precedent is established as a weapon of the political class to disrupt any legal/judicial proceedings that they consider unfavourable to them.

    “That irresponsible conduct in itself is a desecration of the hallowed chambers of the courts. The perpetrators of this act of judicial terrorism and their sponsors, no matter how highly placed they are, must be investigated, tried and severely punished, if found guilty.

    “Failure to do this would breed anarchy, which we will have to live with as a nation for a very long time”, Ofuokwu said.

    Access to Justice, in a statement by its Executive Director Mr Joseph Otteh, said the deplorable attack is against the rule of law.

    “Access to Justice deplores the disruption of court proceedings by persons or groups of persons who felt aggrieved by the ruling of the Judge.

    “Attacks on courts, lawyers, judges or court users are direct attacks on the rule of law, the administration of justice and constitutional democracy.

    “Judges, lawyers and litigants must be able to enjoy the free atmosphere that courts offer in order to discharge their responsibilities fairly, conscientiously and diligently. “

    To a Senior Advocate of Nigeria, Jibrin Okutepa, Dr. Utman Abdulazeez and Richard Chukwuocha, the Federal Government, the Attorney General of the Federation, the Nigerian Bar Association and all Nigerians would condone the Ekiti development at the peril of democracy and decency.

    Okutepa said: “If it did happen, then we should say goodbye to the rule of law. We are already facing serious intimidation and the almost extinction of rule of law in this country. So, if the rule of the jungle is now taking over the rule of law, then might will soon become right and the peace and tranquillity, currently being  threatened, would have been completely wiped out.”

    Abdulazeez said:” this is the worst we should be willing to accept as a nation.

    Let’s watch and see how this Federal Government will treat this great act of desecration of the hallowed temple of justice. We are doomed in this country. God help us.”

    To Chukwuocha, “it is a serous infraction on the rule of law and the height of contempt in the face  the court. All the people that participated in that mayhem should be arrested and prosecuted, and if found guilty, should be prosecuted according to the law.

  • Lawyers appraise 100 years of nationhood

    Lawyers appraise 100 years of nationhood

    On Friday, August 29, the curtain was drawn on the 54th annual conference of the Nigerian Bar Association (NBA) held at the International Convention Centre (IICC), Owerri, the Imo State capital. Its theme was “Nigeria: 100 Years After.” It was a weeklong event that tasked the ability of the Imo State Government to host a conference of that magnitude.

    Weeks preceding the conference, the state government worked hard to ensure that the conference would be hitch-free. Finishing touches were given to the world-class convention centre built by Rochas Okorocha’s administration. Unarguably, the IICC is one of the best convention centres in the country.

    Although the conference was adjudged one of the best by the conferees, it witnessed some challenges.

    First was the fear of managing over 10,000 lawyers and other visitors coming from all parts of the country and beyond, without risking an outbreak of the deadly Ebola Virus Disease (EVD).

    The opposition parties in the state, especially the People’s Democratic Party (PDP), had played up the Ebola sentiment to persuade the NBA to cancel the right of the state to hold the conference. But apparently prodded by the overwhelming assurance by the government, the lawyers defied the Ebola scare and converged on Owerri for the event that turned out as an historic one for the Heartland State.

    To allay the fears of the visitors and residents, the state government adopted adequate measures to ensure that all visitors were screened at all entry points, especially at the airport and the venue of the conference. This was to ensure that no visitor affected by the Ebola Virus gained access to the conference centre.

    To further ensure the safety of the visitors, sanitisers were provided at all the entry and exit points within the centre and the expansive premises.

    Security arrangement was also at its best during the programme as there was no reported case of crime at the venue or in any of the hotels where the visiting lawyers lodged.

    Two days before the beginning of the conference, economic and social activities in Owerri had been on the upbeat. All the available hotels had been fully booked with the state government re-opening the famous Concorde Hotel, shut down for the past four months to enable maintenance work to  be carried out.

    The prices of food items and cost of transportation also rose by over 50 per cent because of the influx of people into the state.

    On the first day of the conference, all roads leading to the convention centre, venue of the conference, were cordoned off by stern-looking security operatives. This resulted in heavy gridlock in the entire capital city which forced most people to walk long distances to their places of work.

    Commuters who had no inkling about the conference were trapped for hours in the gridlock, while street hawkers made brisk businesses as they sold their wares with maximum profits. It was indeed a boost to the state’s economy.

    During the five days that the conference lasted, Nigerians jettisoned the fear of the Ebola threat and brainstormed on the challenges confronting the country and the right way to go to obviate possibly impending catastrophe.

    Distinguished speakers such as former Head of State, Gen. Yakubu Gowon (rtd), Speaker of the House of Representatives, Hon. Aminu Tambuwal, Governors Rochas Okorocha (Imo), Emmanuel Uduaghan (Delta) and former Governor of Anambra State, Peter Obi, among other eminent Nigerians, identified corruption, insecurity, poverty, unemployment, among others, as part of the country’s problems.

    In his opening speech, the host, Governor Okorocha enjoined the NBA to support the struggle for a free and virile country. He urged the legal practitioners to proffer solutions and ideas that will ensure good governance.

    Governor Okorocha maintained that bad governance has, over the years, impeded the country’s growth and development, even as he insisted that “bad governance is worse than the dreaded Ebola Virus Disease.”

    He argued that while the Ebola Virus has the capacity to kill 100 people at a time,  bad governance has the capacity to kill generations yet unborn.

    Governor Okorocha, who described the judiciary as the last hope of the common man, urged members of the Bar to put the issue of electoral malpractice at the centre stage of their discussion in order to ensure free and fair election in 2015 general elections.

    He regretted that 100 years after, Nigeria is still battling with crisis and could not create employment opportunities for her teeming youths or boast of regular power supply. He challenged members of the NBA to address the critical issues bothering the country.

    He emphasised the need for the electorate to vote a credible candidate who has the vision, passion, intelligence and political will to deliver the benefits of democracy to the people in order to ensure good governance.

    Governor Okorocha, who regretted that democracy in Nigeria has failed, noted that Nigeria has come to a critical moment where power can no longer be taken for granted but must be given to those that have the capacity to deliver.

    In his speech, Tambuwal praised the Imo State Government for hosting the 2014 Bar Conference, stressing the need for Nigeria to shun self-deceit and institute good governance hinged on credible elections.

    The Speaker, who described the NBA as the vanguard of democracy, urged the members to use their position to rescue the country and preserve the Rule of Law and human rights.

    The outgoing President of the NBA, Wali Okey (SAN), said the conference offers the NBA the opportunity to discuss issues relating to legal profession and to proffer solutions.

    He praised the lawyers for their support for his administration, which he said, had restored dignity and discipline in the legal profession, adding that “during my tenure, 12 lawyers were sacked for several acts of misconduct and high level of discipline now prevail in the profession. We have tackled completely the issue of quackery and instilled high level of discipline in legal practice.”

    Further highlighting the achievements recorded by his administration, he noted that the completion and inauguration of the new seven-storey NBA House built by a prominent lawyer and businessman, Dr. Wale Babalakin through one of his companies in Lagos State, was one of the major achievements of the outgoing administration.

    The chairman on the occasion, Gen. Gowon praised the NBA for being faithful to its mission in administering justice, pointing out that it has a role to play in ensuring good governance.

    The conference ended with a call on the Federal Government to rescue the over 200 girls abducted from Government Girls’ Secondary School Chibok in Borno State on April 14 in order to restore the country’s dignity and save Nigerians further embarrassment from the international community.

    The new NBA President, Augustine Alegeh (SAN) and other senior lawyers such as Tajudeen Oladoja, a senior member of the Bar from Kaduna State, adjudged the Owerri conference as a huge success.

    “We have been having the NBA annual conferences in other parts of the country. But I must tell you with all sense of modesty that the Owerri Conference was a success,” he said.

    The 49-point communiqué, presented by Alegeh, highlighted the challenges of the last 100 years of Nigeria’s existence as a country, stating that it would need deliberate and articulate measures to surmount them.

    The communiqué also maintained that “with the benefit of the lessons of the last 100 years, all Nigerians have roles to play in nation-building, by ensuring that the existential values are re-established.

    “That all Nigerians must collaborate with the government and security agencies in order to address the seemingly intractable issue of security problems confronting the country, particularly the expanding escapades of the now dreaded terrorists called Boko Haram.”

    It further stressed the need for the Federal Government to “re-engineer and re-invigorate all anti-corruption agencies, as well as grant them more autonomy, with a view to ensuring their impartiality, to exercise their powers and perform their functions without fear, favour or prejudice and without interference from any person or organ of state.

    The communiqué equally observed that “a major portion of our socio-political and economic problems are caused largely by lack of exemplary and visionary leadership.”

    Apart from speeches and paper presentations, traders made great gains selling their products to the conferees that swamped on the goods like curious tourists. Photographers also had a field day taking photographs of the conferees with their friends and family members, especially those attending the NBA Conference for the first time.

    Okechukwu Uzoigwe, a fabric dealer said: “To be honest, I wish the conference continued. It has been long I made this kind of quick turnover. I was going to Onitsha Main Market to buy wares everyday because of the patronage.”

    Mrs. Charity Uzoaru, a food vendor said: “I am very happy for the event, even though we had to walk long distance to the venue because of the closure of the roads, I made enough sales these few days and I want the state government to host more of this type of conference to help the people.”

    Perhaps, hoteliers are the most fortunate. In most of the hotels visited by our correspondent, the entire rooms had been booked with the management craftily changing the usual rates overnight to make extra gains off the unsuspecting visitors.

    A manager of one of the famous hotels, Mr. Stanley Nwokocha, praised the state government for hosting the NBA Conference, adding that, “the most viable industry in Imo State today is the hospitality industry. Owerri, the state capital for instance, has over 50 world-class hotels and this kind of conference will help the industry.”

    As the dust settles, the people will not forget in a hurry, the gains, pains and glamour of the NBA Conference just as the visiting lawyers will relish the unique hospitality of the Eastern Heartland for a very long time.

  • How to end insecurity, poverty, by lawyers

    How to end insecurity, poverty, by lawyers

    The Ebola did not scare lawyers away from the 54th Nigerian Bar Association (NBA) Annual General  Conference in Owerri, the Imo state capital, last week.  No fewer than 7000 of them, including House Speaker Aminu Tambuwal and Minister of Justice and Attorney-General of the Federation Mohammed Bello Adoke (SAN), gathered to examine the theme: Nigeria, a 100 years after. The highlight of the event was the passing of the NBA leadership baton from Mr Okey Wali (SAN) to Mr Augustine Alegeh (SAN), who unveiled some  reforms in his agenda. JOSEPH JIBUEZE reports.

    It is a gathering which lawyers look forward to yearly. Since this year’s annual general conference of the Nigerian Bar Association (NBA) coincided with the country’s centenary celebrations, its theme was: Nigeria, a 100 years after.

    Not even the fear of Ebola could scare the lawyers from attending the conference on large number.  No fewer than 7000 of them were in conference.

    President Goodluck Jonathan, represented by the Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke (SAN), opened the week-long event, which was chaired by former Head of State  Gen. Yakubu Gowon. A historian, Dr George Kwanashie gave the keynote address.

    The conference featured a showcase session with discussions by Delta and Imo State governors Dr Emmanuel Uduaghan and Owelle Rochas Okorocha on the topic: Nigeria’s biggest problem: Corruption or impunity?

    NBA subdivisions, such as Judges Forum, Section on Business Law, Section on Legal Practice, Section on Public Interest and Development Law, Human Rights Institute, British-Nigeria Law Forum, Military Law Forum, Academic Forum, Women Forum, Corporate Council Forum, Young Lawyers Forum, Lawyers in the Legislature Forum, Lawyers in the Media Forum and NBA Anti-Corruption Commission, also held separate sessions.

    Delivering the president’s speech, Adoke said security agencies  were working hard to check the activities of Boko Haram  and prevent the sect from spreading its tentacles to other parts of the country.

    “The challenges are enormous and all Nigerians must appreciate the difficult circumstances under which our security forces are operating.

    “Government has, however, insisted that the war against terrorism and insurgency must be fought without sacrificing the tenets of the rule of law,” he said.

    The minister explained why President Jonathan asked for $1 billion to fight terror.

    “It is beyond doubt that a lot resources are needed to equip and re-train our security forces for this challenge. This request for the sum of $1billion recently made to the National Assembly is to enable government to fully equip our armed forces for the war against terrorism and insurgency…”

    He urged Nigerians to remain united and to appreciate that terrorism is a global phenomenon which requires concerted efforts of all nations of the world.

    “Equally important is the need to forge a united front to combat the common enemy. Terrorists would rather have us divided along sectional, religious and political lines as the division would not only help their cause, but also further diminish our efforts to collectively and effectively wage war against them,” he said.

     

    ‘I see worsening poverty’

    Tambuwal said the common man’s life is yet to experience any positive change, despite a purported economic growth, which he attributed to what he called “a circle of error.”

    “We suffer gross infrastructural deficit. We are growing our socio-political and economic institutions with perplexing reluctance.

    “Our overall economic growth and indices speak contrastingly with our human development indices, yet true development is people-centered.

    “When we celebrate magnificent growth indices in the face of worsening abject poverty, the true implication must be that there is something fundamentally wrong.

    “What the nation needs desperately now is to extricate itself from this circle of error and I dare say that we possess the capacity to do so,” Tambuwal said.

    He said although he is part of government, he speaks on “governance failings” because he believes “the greatest disservice that man can do to himself and society is to indulge in self deceit.”

    “If I see magnificent growth indices and after traversing our rural communities what I see is worsening poverty I should have the courage to tell myself the truth no matter how bitter,” he said.

     

    “Nigeria is not a lightweight”

    For Gen. Gowon, despite the country’s challenges, Nigeria deserves regard for having existed for 100 years.

    “Without argument, any nation or institution that attains the century landmark cannot be seen a lightweight. Neither can it be treated with disrespect, regardless of whether or not the positive achievements in society outweigh the challenges of nation building or vice-versa,” Gowon said.

    He, however, admitted that there is still a long way to go. “Nigeria at 100 years of age has not achieved its full potential,” he said.

    Part of the problem, he said, is a conflict of ideologies. “For me, the issue is not to say who is right or wrong but what is right or wrong.

    “One of the issues that may not easily lend itself to easy resolution in this regard is the conflict of ideologies between liberal democracy and sharia… I am confident that the conflict can and should be resolved by the reconciliation of both ideologies,” he said.

    Chief Solomon Asemota (SAN), said the two ideologies must be reconciled in the country’s interest.

    “We must celebrate our diversity and fight to enshrine national unity and reconciliation, factors that are necessary in shaping Nigeria’s two ideologies Islam and liberal democracy and the relationships between them.

    “The Sharia proponents, as has been shown are at war with the Constitution.  There is need therefore for reconciliation of the two ideologies if it is possible,” he said.

    On how to achieve such a reconciliation, he suggested: “For the future peace and development of Nigeria that would include industrial revolution, the NBA must promote the following actions:

    “(1) Draft two bills for the consideration of the political parties viz: (I) Reconciliation Commission Bill very much like the Truth Commission Act of South Africa with emphasis on Ideology and Reconciliation; (II) A Constituency Assembly Bill with emphasis on Ethnic Representation in which every Ethnic Nationality must have not less than one and not more than ten representatives.

    “These two drafts should be sent to all the political parties interested in the 2015 elections for their consideration and the political parties should eventually make same the bases of their campaign,” he said.

     

    Okorocha’s unique economic theories

    The showcase session featured Uduaghan and Okorocha, who thrilled guests with their sense of humour.

    Uduaghan said anger is at the heart of Nigeria’s problems, including insecurity. He urged politicians to get rid of anger and watch things change for good.

    According to him, the opposition All Progressives Congress (APC) has become the “Angry Peoples Congress” because it is where those angry with the ruling Peoples Democratic Party (PDP) go to.

    “When you’re angry with the PDP, you go to APC. That is what is happening now,” Uduaghan said.

    But Okorocha, who is in APC, disagreed. “Let me say to my colleague: I’m not angry,” he said, adding that Nigeria is in need of good leadership.

    There was a mild drama when Okorocha’s speech was interrupted as Uduaghan got up to leave. It was while the Imo governor was highlighting his state’s “meagre” allocation compared to what the likes of Akwa Ibom and Delta get.

    Okorocha spoke about governors who are “executive cashiers” and those who create wealth, saying government is not about awarding contracts but transforming the common’s man’s life.

    He also explained the economic principle of “Rochonomics”, “Kwashiokorism” and “Ohasierism” which he propounded.

    He said: “Rochonomics is an economic theory for the supersonic transformation of the country,” he said. According to him, Nigeria has a “big head” with a “bulging tummy” and tiny legs.

    “Nigerian economy is suffering from what we call kwashiokorism. It’s not balanced. Let me ask you, gentlemen: if you see a woman with a big head, bulging tummy and feeble legs, you will not marry her. But if you see a woman with a small head, moderate tummy with a big balance, you will marry.

    “That’s why nobody can marry Nigerian economy. That calls for systematic devolution of power to shed this big head, bring it back to the legs so it can move fast.

    “That is what is called Ohashierism (meaning Oha siere ofu onye, ofu onye agaghi ericha) (A person cannot finish the food cooked by many people).”

    According to him, most leaders do not have the vision or the passion to move the country forward, adding that a man who cannot manage resources cannot manage a nation.

    “You cannot give what you don’t have. You cannot go beyond your capacity. That is why we must allow people who have the vision to lead us irrespective of where they come from.

    “Governance is not about Federal allocation. It’s about ability to create wealth. Any leader who cannot make sacrifice has no business in governance,” Okorocha said.

     

    Alegeh’s ‘populist’ policies

    A new NBA leadership led by Augustine Alegeh (SAN) was inaugurated. The new NBA President reversed some of the policies he inherited from the outgoing president Okey Wali (SAN).

    First, he said all lawyers who have been verified in the NBA Data Base shall be issued with NBA Identification Cards.

    The card would contain name of the lawyer, photograph and Supreme Court Enrolment Number. The card would also function as a payment card for ATM, POS and online transactions.

    The card would entitle a lawyer to a variety of discount and other packages negotiated by NBA. The best news is that the card would be issued free of charge to lawyers.

    Alegeh also reduced Bar practising fees by 10 per cent for all lawyers except SANs.

    He surprised the packed hall by slashing the association’s conference fees by 40 per cent from what was paid for the 2014 conference.

    Alegeh condemned what he described as the “secret shrouded” appointment of judges, and called for a system that is more transparent 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,” Alegeh said.

    He called for the passage of the several justice sector bills pending before the National Assembly, which, when passed, would enhance justice delivery system in Nigeria.

    On the Petroleum Industry Bill (PIB), he said: “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 and 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,” Alegeh said.

    He expressed doubts that the $1billion being sought for the military would have any positive effect on the war against insurgency.

    “It is surprising that the military only realised 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,” he said.

     

    Lawyers conquer Ebola fear

    Prior to the conference, there were calls that it should be cancelled to prevent the spread of Ebola. However, all participants were screened for the virus before being allowed into hall, while hand sanitisers were provided.

    Lawyers were not afraid to shake hands and hug each other. It was as if Ebola was not a factor.

    “We must also thank God for keeping Ebola away from this conference,” Alegeh said.

    However, lawyers complained of not receiving conference materials in time, despite the “high fees” charged by Wali’s administration. Besides, nearly all the sessions started behind schedule.

     

    Statutory reports

    A highlight of the conference was the annual general meeting, where NBA announced that it has a cash balance of over N131million in its account.

    Statutory reports were also presented by the Council of Legal Education, Legal Aid Council, Nigerian Institute of Advanced Legal Studies (NIALS), Corporate Affairs Commission (CAC) and National Human Rights Commission (NHRC).

    The Nigerian Law School said it would not close down its unfenced campuses in Kano State and Yola in Adamawa State due to insurgency in the Northeast.

    The Council of Legal Education (CLE) has been under pressure to close the campuses following the kidnap of the school girls in Chibok, Borno State, on April 15.

    The two campuses are said to be unfenced, making them even more vulnerable

    But the Law School Director-General, Olanrewaju Onadeko, said so far, there has been no incident that justifies the fear expressed about those campuses.

    He said the management had embarked on fencing of the campuses “to forestall their apparent vulnerability”.

    Onadeko said: “We have also secured the support of the Inspector-General of Police, Chief of Defence Staff and the State Security Services for the deployment of plain clothes officers and men to the precincts of all our campuses.

    “Within our modest means, we have also acquired and deployed modern security gadgets at all campuses. We also have in place CCTV camera at strategic locations on the advice of our security experts to aid the operation of our security personnel.”

    Onadeko said the Law School is also faced with the challenge of violation of admission quota by law faculties of universities.

    He also bemoaned increased number of applicants from “foreign universities” such as those in the Republic of Benin, Ghana, Cameron, Saotome and Principe, among others. He said the school would admit only law graduates from faculties whose programmes are recognised by the Council of Legal Education.

    “There is a moratorium on recognition of programmes of new foreign faculties in place,” he said.

     

  • Lawyers reject Wali’s constitution amendment

    Lawyers have rejected attempts by the immediate past President of the Nigerian Bar Association (NBA)  Okey Wali (SAN) to effect fundamental changes in the constitution of the association and alter its leadership and administrative structure.

    This brings an end efforts by the immediate past two regimes of the association to restructure the secretariat and model same after the International Bar Association (IBA ) structure.

    The restructuring of the secretariat   whittles down the powers of elected national officers of the NBA and vests them on the secretariat staff headed by the Executive Director, who is at the beck and call of  the President.

    Under the Wali administration, elected NBA national officers were mere observers.

    They were addressed as national officers by name but had no powers to act in their respective offices.

    They   had no offices at the NBA secretariat from where to perform  their statutory duties. In effect, the last administration made them almost redundant.

    NBA national officers including the three Vice-Presidents had to ride in cabs while in Abuja on NBA duties while official cars are parked at the secretariat.

    However, Wali’s bid to institutionalise what many have come to see as an anomaly was roundly rejected by the lawyers.

    They rejected 24 out of his proposed 33 amendments to  NBA  constitution. Presenting his report,  chairman of the committee, Mr.Okey Amechi (SAN) thanked lawyers for the  confidence reposed on him and his committee during the conduct of the last NBA elections when lawyers voted simultaneously for election of new officers and constitution ammendment.

    The proposal to introduce Associate membership into the association was rejected with all the purported advantages and privileges. The proposal for the association to publish on its website the names of defaulting lawyers in the payment of Practising fees by the fist of April as provided by the Financial Secretary was also rejected.

    Also rejected was the proposal to appoint an Executive Director of Administration who shall be in charge of the Directorate of the association with all the responsibilities attached thereto. The power of the President to appoint and remove such Executive Directors was also rejected. The proposal to stop any of the NBA branch of the NBA from instituting legal action kin court  against the association without first having such a dispute heard and determined by the President or a Committee set up for that purpose or the NEC of the NBA was also thrown into the dustbin.

    Wali’s  proposal for the National Executive Committee to remove from office any erring  National Officer found guilty of any misconduct was rejected but the proposal to remove from office any National Officer who commits fraud or becomes bankrupt or insolvent was approved. Also approved was the amendment to remove from office an officer who accepts appointment from any arm of the government ( except as a member of an adhoc committee or panel), the proposal to remove an officer who is convicted of any offence by a Court of competent Jurisdiction was also approved.

    Also approved was the proposal to remove from office, any officer who: breaches any of the provisions of the Code of Conduct for officers duly approved by the NEC,  or who engages in public misconduct owing to intoxication by alcohol, drugs or other intoxicants or stimulants or any bestial acts; who engages in any Act of behaviour that brings or is likely to bring the association into disrepute; acts of disobedience to the association, NEC, the President or any of its organs.

    Provided,  however, that such officer may be removed from office by two thirds majority of NBA NEC members present at a meeting of the NEC where the matter is raised.

    The proposal to abolish the offices of the Assistant Financial Secretary, Assistant Publicity Secretary and Second Assistant Secretary  were also rejected by lawyers.

     

     

  • Lawyers fault govt’s sack of doctors

    Lawyers fault govt’s sack of doctors

    Lawyers have faulted the Federal Government for sacking over 16,000 resident doctors.

    They noted that the action was unlawful, ill-advised and unconstitutional.

    Mr Sebastine Hon, a Senior Advocate of Nigeria (SAN), and the Deputy Head of Bamidele Aturu & Co. Chambers, Mrs Chisa Anyawu, in separate statements yesterday, said neither President Goodluck Jonathan nor the Secretary to the Government of the Federation (SGF), Senator Anyim Pius Anyim, had the legal or constitutional power to arbitrarily terminate the employment of striking workers, including those regarded as rendering essential services.

    The Federal Government, on August 14, sacked over 16,000 resident doctors. Many people have faulted the decision.

    Hon, who gave four distinct reasons and cited decided authorities in support of his position, argued that the Federal Government and the Presidency acted in error and in disregard for legal provisions.

    But the lawyer urged the striking doctors to consider the interest of the suffering masses and return to work.

    He said: “I submit that the sack of 16,000 resident doctors by President Goodluck Jonathan is both unconstitutional and unlawful. It is indeed null and void and of no effect whatsoever.

    “First of all, Section 40 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, has guaranteed the right of ‘every person’ (in this case, including members of the Nigerian Medical Association, NMA) to ‘assemble freely and associate with other persons, and in particular’ to ‘belong to any political party, trade union,’ etc, ‘for the protection of his interests.’

    “The affected medical practitioners, therefore, committed no wrong when they, coming under the umbrella of the NMA, embarked on a strike action ‘for the protection of their interests.’

    “Secondly, the right to embark on a strike action is a common law right, recognised by Nigerian law. It was Lord Wright who stated in Crofter Harris Tweed & Co. vs. Veitch (1942) 1 All ER 142 at 158 that ‘where the rights of labour are concerned, the rights of the employers are conditioned by the rights of men to give or withhold their services. The right of the workman to strike is an essential element in the principle of collective bargaining. It is, in other words, an essential element not only of the union’s bargaining process itself, it is also a necessary sanction for enforcing agreed rules.’

    “And the Court of Appeal of Nigeria accepted that embarking on a strike action is acceptable in law, when it held in Union Bank of Nigeria Ltd. vs. Edet (1993) 4 NWLR (Pt. 287) 288, that when negotiations between an employer and his employees fail, resort could be had to a strike action by such employees, for the purpose of pressing home their demands.

    “Thirdly, even though the Trade Disputes (Essential Services) Act, Cap. T9, Laws of the Federation of Nigeria, 2004, penalises strike action by persons rendering essential services (including in this case, members of the NMA), this legislation has not imbued the President with any modicum of power to sack any person who has acted in breach of the Act.

    “Indeed, the Minister of Labour, upon being given notice of an intended strike action; or even as the strike action is ongoing, ought to have taken the following proactive steps stipulated in section 5 of the Act,” Hon said.

    Section 5 provides that “where any trade dispute exists or is apprehended and it appears to the Minister that the dispute is one to which persons employed in any essential service are a party or might become a party, the Minister may, whether or not a report in respect of the dispute has been received by him under Section 6 of the Trade Disputes Act, refer the dispute for settlement to the Industrial Arbitration Panel established under Section 9 of the Trade Disputes Act….”

    Hon noted that there is nowhere in the entire Trade Disputes (Essential Services) Act where the President of Nigeria or the office of the Secretary to the Government of the Federation is mentioned.

    “There is also nowhere in the entire Act where it is stipulated that when any person rendering essential service embarks on a strike action, he should be sacked from office.

     

    “Fourthly, all members of the NMA are resident doctors, whose employments are regulated and indeed protected by the provisions of the University Teaching Hospitals (Reconstitution of Boards, etc) Act, Cap. U15, Laws of the Federation of Nigeria, 2004.

    “It is settled law, without any dispute, that the employment of such persons cannot be terminated save by due process established under the Act, the most essential of which is, as stipulated under section 9 of the Act.

    “This section is to the effect that the affected medical doctors be issued written queries and that complaints against them be tried by independent administrative committees. Even when such committees find them culpable, the only competent body to terminate the employment of members of the NMA are the respective Hospital Management Boards and not the Presidency.

    “See Section 9 of the University Teaching Hospitals (Reconstitution of Boards, etc) Act, Cap. U15, Laws of the Federation of Nigeria, 2004 and the case of University of Nigeria Teaching Hospital Management Board vs. Nnoli (1994) 10 SCNJ 71.

    “Again, nowhere in this Act is the President assigned the duty of terminating the employment of any Medical Doctor employed in any of the University Teaching Hospitals!

    I make it bold, therefore, to submit that the pronouncement by the Presidency sacking those medical doctors is unconstitutional, null and void.

    “And the law is well settled that any act or action that is null and void is deemed not to have existed at all; hence should be ignored. NMA members can, therefore, ignore such purported mass sack; and if their salaries and emoluments are withheld or if they are denied ingress into and egress out of their respective hospitals, they can enforce those rights in court with 100% probability of success.

    Mrs Anyanwu, in the statement she authored on behalf of the law firm  of the late rights activist, Bamidele Aturu, argued  that the sacking of the resident doctors “is uncalled for, unnecessary and a sheer display of irresponsibility on the side of the Federal Government.”

    She said a responsible Government would have simply appealed to the striking doctors to resume work and try to meet their demands in order to resolve the issue, particularly in the face of the Ebola Virus Disease (EVD) crisis.

    “The Federal Government has the duty to ensure that the lives of Nigerian citizens are not toyed with for any reason at all.

    “It is ironical to think that the Federal Government could have declared a national public health emergency on the Ebola Virus Disease outbreak on one hand, and then turn around to sack the resident doctors, who are the primary health givers on the other hand.

    “The sacked resident doctors can easily challenge the unsympathetic act of the Federal Government in the appropriate court and have the decision of the Federal Government reversed,” Mrs Anyanwu said.

     

  • Ex-NIALS DG to chair Lawyers in the Media Forum conference

    Ex-NIALS DG to chair Lawyers in the Media Forum conference

    THE immediate past Director-General, Nigerian  Institute of Advanced Legal Studies (NIALS), Prof. Epiphany Azinge (SAN), will on Wednesday, August 27, at Hotel  Owerri, chair the Lawyers in the Media (LIM) Session at the Nigerian Bar Association (NBA)   Annual General Conference.

    The Theme for this year’s conference  is: “Nigeria, 100 years after”.

    The lawyers in the forum will be looking, the topics: “Media, law and the struggle for good governance in Nigeria in 100 years-the Journey so far and “Pronouncing and enforcing legal penalties for the violation of political advertisements in Nigeria: Issues, prospects and challenges.”

    Chairman of the forum, Mr. Charles Odenigbo, said: “The objective of the  topics is to update  and broaden the knowledge of lawyers working in the media in the broadcast, newspapers and magazines, public relations, advertising, law and ethics and  also promote strict adherence to and advance the frontiers of media law among others.”

    Speakers include the Registrar of  Advertising Practioners Council of Nigeria; Prof. Chidi Odinkalu, former President of NBA, Joseph Bodunrin Daudu (SAN); former chairman of the NBA Section on Public Interest and Development Law (SPIDEL) Chief J. K. Gadzama (SAN) and Comrade Festus Okoye.

  • Lawyers divided on use of soldiers for elections

    Lawyers divided on use of soldiers for elections

    Lawyers have expressed divergent views on the use of military personnel, particularly masked armed men, for elections in the country. Some described their deployment as illegal and unconstitutional, while others saw nothing wrong in it, saying as long as it ensures a free and fair election.

    One of those, who spoke against it was the former chairman of the Nigerian Bar Association (NBA), Ikorodu branch, Sahid Shillings. He said it was dangerous deploying masked armed personnel.

    He said if one was caught in a cross-fire, it was unlikely to seek  protection with masked armed personnel even if he was fighting one’s enemy.

    Shillings said: “Some of the security experimentations, including allowing policemen in mufti carry ammunitions, could endanger the public even when the intention is genuine.

    “I first saw masked soldiers at the NBA election in Abuja. I was shocked and a bit frightened because anything could happen. Somebody must explain to me what a security officer does that he needs to hide behind a mask. If I am caught in crossfire, I will not run to a masked man even if he is shooting a known enemy. There seems to be danger lurking behind these masks. We will never get used to them. In fact, they only remind us of the predictions for 2015. The Federal Government should reconsider the action because we are preparing too.’’

    Former secretary of Ikeja branch of the NBA, Mr. Adesina Adegbite, also condemned the action strongly, saying: “It was indeed, a very demeaning and condemnable act that is not good for the image of the country.”

    However, an activist, Ikechukwu Ikeji, disagreed insisting that it does not in any way violate any provisions constitution. “it is playing the ostrich to say that the deployment of soldiers to help the security apparatus during the Osun State governorship election was an outright violation of the constitution. Nothing can be farther from the truth. This view point is either borne out of ignorance of the law or mischief or propaganda,” he said.

    Section 218 (1) of the 1999 Constitution of Nigeria, According to him,  provides as follows: “The powers of the President as the Commander-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation.” This simply portends that if the President determines that it was necessary to send in the armed forces to help the security, he is acting very much within his powers under the Constitution.”

    Ikeji argued that soldiers have been used by sundry States in Nigeria to help the Police to combat armed robbery and kidnapping and that there has been no criticism of that process, “with even most state Governors providing financial and material support to the military in these combined operations.

    “In Lagos State, for example, we have the OPERATION MESA operating under the command of an army officer and having armed forces personnel as key members. This simply portends an unusual situation. Unusual problems require unusual remedies”, he stated.

    He said “the essence of our present democratic pursuit is to achieve a one man one vote electoral process and the Osun and Ekiti elections, in my humble view, have both achieved this. The use of the military did not derogate from this result. One can claim that the result of the Osun State governorship election was rigged or manipulated or was not a reflection of the wishes of the Osun people but we can only honestly ascribe this success to the presence of the military.”

    Ikeji advised that people  should desist from being unduly cynical about a necessary event that the presence of the military is.

    “Some questions come to mind. Did the military stop one man one vote? Did the military stop anyone from coming out to vote or did the military force anyone to vote against his or her wish or did the military change the election results?

    “Those saying that the presence of the military was over militarisation have not given us a realistic option.

    He advised that what we should take out of the present situation is to start putting effective measures in place to ensure that with time, we can conduct elections without the deployment of troops.

    “This will happen over time, but for now, our democracy and politicians are too corrupt to leave in the hands of politicians in the strict sense. In Osun, there was was massive turn out, people behaved themselves and even the military never interfered with the process.

    “If you juxtapose this with the fact that the President has a constitutional power to deploy troops, then we would all be in agreement that the will of the people came to pass and that is the bottomline in elections.

    “It is too utopian to leave elections in the hands of politicians today and expect a free and fair election.

    “One would even suggest that the Osun State governorship election template be used by INEC to conduct the entire local government elections in Nigeria until such a time that we could put our acts together,” he stated.

     

  • Why we upheld zoning for elections,by lawyers

    Why we upheld zoning for elections,by lawyers

    LAWYERS  have spoken on their last election, citing reasons for respecting zoning.

    Mr. Augustine Alegeh (SAN), who is from the Midwest Forum, was elected the 27th President, even though the post was zoned to the Western Forum, popularly known as Egbe Amofin. The leaders have also put to rest the fear of Mid-West Bar Forum in the zoning.

    The Nigeria bar association (NBA) rotates the Presidency among the Eastern Bar Forum (EBF), the Western Lawyers Forum popularly called the Egbe Amofin and the Arewa Lawyers Forum also called Arewa. Under this arrangement, each zone chooses its candidate  and sends the name to others for voting.

    The arrangement fared well till the regime of Dr. Olisa Agbakoba (SAN), when agitation for the creation of  more zones, began to get attention  from  Bar leaders. This made Agbakoba to constitute a committee  headed by the former Attorney-General of the Federation and Minister of Justice, Alhaji Abdullahi Ibrahim.The submitted its report, but it was not ratified by the then National Executive Committee (NEC) of the NBA before its tenure ended.

    The agitation continued under Joseph Bodunrin Daudu (SAN), who called a meeting of the Bar leaders to discuss the issue. The meeting, according to some lawyers, did not take a definite position while others argued that the meeting resolved that the Midwest and  Egbe Amofin are one. They were asked to go home to resolve how they would have their slot whenever the Presidency of the Bar comes to the West.

    In 2012, the leadership of the Midwest Bar Forum visited Egbe Amofin in Ibadan to discuss this matter and the Egbe Amofin received them warmly, promising to give them their  slot in 2020.

    The Midwest frowned at this position because, according to them, Egbe Amofin has taken its slots under the regimes of Chief Wole Olanipekun (SAN) and Oluwarotimi Akeredolu (SAN). To the Midwestern Forum,  asking them to wait for eight years was unjust and inequitable.

    They left and promised to revert to Egbe Amofin after discussing with their people. However, they did not report to EgbeAmofin; rather, they went ahead and contested the election feilding Augustine Alegeh (SAN) and won.

    Against this backdrop, a section of the Bar said zoning was not respected in the election and as such, had been set aside. But leaders of the NBA fora are of different view. They believe that no outsider contested the election. All the four Presidential candidates, according to them, were members of the Western Lawyers Forum and were eligible for the position.

    The Secretary of Egbe Amofin, Mr. Ranti Ajeleti said: “First, I am speaking as an individual not as the Secretary of Egbe Amofin.Having said that, I would say the zoning arrangement was not strictly adhered to, but on a second and deeper thought and with equity being the fulcrum,  I would say the Mid-West is part of Western Region. Rather than being complacent the Mid-West fought its way into uniting with the Egbe. Consequently since the winner did not come from outside the Western Region, we can say the zoning was respected.”

    He continued: “But from my own personal perspective, the main object of arranging the zoning was not achieved.  To the critics of the zoning arrangement that it is undemocratic, I disagree with them because thepresent collegiate system is not democratic at all. A much more democratic system would have been one lawyer one vote and not the collegiate system. I personally subscribe to the zoning system for two main reasons among others.   To reduce the cost of electioneering, it is on record that the last Bar election in terms of cost to each of the presidential candidates, would compare favourably with Nigerian Presidential election  spending.

    “Candidates spent fortunes  in their electioneering campaigns. Considering the risk of traversing Nigeria, the candidates visited over 100  branches, criss-crossing the whole Nigeria; going into villages, towns, and homes of opinion makers and supposedly Bar leaders. They attended weddings, burial ceremonies, social outings of   supposedly influential members of the Bar in all nooks and crannies of Nigeria, even when they  were uninvited. Some even went as far as contacting non-Lawyers, who they thought could help them contact renowned Lawyers to support their aspirations. The risk of accident on the Nigerian roads, which I had cause to  describe as “slaughter slabs”. Why playing “Russian Roulette,”Ajeleti asked?

    “About two months to the election,” Ajeleti said: “We made a last-minute effort to let the contestants from our zone see reasons.We held a meeting at Ikorodu in Lagos State.  Our hosts, Chiefs Benson (SAN), Sofola (SAN), Bandele Aiku (SAN), Afro Fayokun, Oluwarotimi Akeredolu (SAN) and Wole Olanipekun (SAN)  with some top members of the Bar were there. The candidates refused to see reasons.  We left the venue about 8 p.m. and   headed for Ibadan, taking the old Ikorodu-Ogijo- Shagamu Road to link Shagamu-Ibadan Expressway.

    “We aimed at getting to  Ibadan within an hour or thereabout, but soon after we left, we got into a gridlock and did not reach Ogijo – a distance of less than 20 kilometres from Ikorodu, until about midnight,” he explained.

    Narrating their experience, Ajeleti said shortly after the gridlock a vehicle speeding furiously from the opposite direction almost collided with their vehicle. “It missed our car by an inch, but Chief Priscila Kuye’s vehicle was not so lucky.  Her vehicle was directly behind us. The on-coming vehicle brushed the driver’s side, scraped  the mirror and pushed the Mercedes Benz  Saloon car off the road into a ditch, causing its front tyre to burst.”

    He said the incident made them to get to Ibadan very late. “We did not get home until about 2.00 a.m. It occurred to me that this was what each contestant was faced in the course of the campaign. But was this worth it?Do we have to wait until the preventable happens? he asked.

    He recalled that when the “Egbe” picked Akeredolu in 2008, he did not spend one per cent of what each of the last presidential candidate spent. Each candidate, he said,  had to attend “Bar week” of every branch and  drop a token for them.

    “Should it be? Strictly speaking,  the regional fora  did not play any role in the last presidential election.  My study showed that the five presidential candidates had good outings across the nation. For instance Akintola (SAN) captured the votes of Benue State; Osas Erhabor captured Ilesa and Ife while Adesina (SAN) did well in Owerri, Adekoya( SAN)  did well in Kaduna and Alegeh (SAN)  did well in Port Harcourt,” he said.

    Comparing candidates’ performances, Ajeleti said Akintola and Erhabor did not do well in the elections. “I agree they could not have done better,  I wouldn’t know when the duo started nurturing the ambition of becoming NBA President, but they started their campaign  barely a year ago while the likes of Mrs. Adekoya and Adesina had openly expressed their interest over eight years ago,” he said.

    On whether the zoning arrangement should be laid to rest, Ajeleti said: “ I may not be expressing an opinion I will be talking about the realities on the ground.  Now that it is the turn of the Arewa, they will want zoning to remain and the Eastern Bar, which would be the next beneficiary after Arewa, would want it to stay. But  the Egbe that burnt its fingers  would want it discarded,  particularly those who lost out this year might want to try their luck in two years time.”

    On whether it is necessary to strengthen  zoning, Ajeleti said: “ If we cannot strengthen zoning,  then we should go back to universal adult suffrage, which would reduce the influence of money.  It would be difficult to buy all voters. Right now, it is very easy to buy the chairman of a branch, who would choose delegates during election. Principally I adopt totally the analysis of my good friend, Prof. Odinkalu, on the last election, particularly his recommendations.”

    The EBF Chairman, Mr. Ogbonna O. Igwenyi, said: “The arrangement was well respected in the last elections because all the five candidates that contested  for  NBA Presidency came from the defunct Western Region of Nigeria. None came from another region. That was in agreement with the unwritten design of the NBA,  to give each region the opportunity to govern the body. It does not matter to the association from which section of the region the candidate comes from,  provided the person comes from the zone that has the chance to provide candidates to be voted.

    On whether the regional fora, such as Arewa, Eastern Bar Forum(EBF) and Egbe Omofin, played any role in the last election, Igwenyi said: “My answer is yes. This is because it was the turn of the West to present to us one of their own as the preferred candidate. EBF waited and refused to endorse any of the contestants for the office of President. We had candidates of our choice for most of the elective offices, but for the Presidency, we did not.”

    According to him, the reason for not adopting any of them stemmed from the fact that EBF had no mandate to choose for them who to endorse for the office. “Besides, as they say, it would amount to taking a pain reliever for another person’s headache,” he said.

    He continued: “When they failed to endorse any of them, we from EBF decided that we shall vote according to our conscience for the office of president. Don’t forget, we had our ears to the ground when it became an open contest for the Presidential hopefuls. All the candidates campaigned vigorously in all the branches of the EBF before the election,  hence we were able to note their relative strengths  and weaknesses.’’

    Austine Alegeh,  Igwenyi said, carried the day because he came from the West and had a section of that region, Mid West, behind him. “Even though we did not adopt Alegeh, we knew that he had an edge over his opponents. He is unassuming, intelligent, unpretentious and open to suggestions to move the Bar forward. Above all, his men knew how to talk to their colleagues in a delicate electoral process. I guess, Arewa and  a good portion of the Egbe bought into the Alegeh project for the reasons I have stated. Some will tell you that Alegeh spent a lot on the campaigns, but I stand to correct that impression. All of them except  O. J. Erhabor did,” he said.

    The best candidate, Igweni said, won. “Zonal arrangement in electing NBA president cannot be compromised in any election. When Mrs  Adekoya contested against the candidate of the EBF many years ago, the zone took it to heart. The misadventure played out in the last election as most leaders in the East considered that affront dangerous to be forgiven so soon, the rest is now  history,” he said.

    Igweni noted that in two years, the pendulum would swing to the North and any candidate not of Arewa extraction would fail. “Die hard opportunists can try their hands, but it will not change anything. Zoning has been canonised, any day it is brought to the floor of NEC for reaffirmation, you can only hear muffled descent, but the result will be landslide,” Igwenyi said.

    Assessing the election, the Chairman, Arewa Lawyers Forum (ALF), M. A. Abubakar, said: “There is a need for one to understand the workings of the zoning arrangement before one ventures a response. Yes, zoning was respected in the sense that we all appreciated that it was the turn of the West to produce the President of the NBA this time around.”

    According to him, difficulties were encountered by the West in their inability to present a single candidate to the other Fora to support, which had the effect of throwing   the election open in the region.

    Voters, he said, voted for candidates of their choice, who were all from the Western Region. “Regional fora really played very significant role as can be seen from the fact that the various meetings the fora held  in the build up to the elections  turned a Mecca of  some sort for all serious candidates,’’ he said.

    Abubakar said zoning still exists because it is in the interest of the NBA to continue with it. “Zoning must be strengthen by revisiting the report of the Committee of Inclusion headed by Alhaji Abdullahi Ibrahim (SAN), which was set up  during Olisa Agbakoba’s tenure as President,” Abubakar added.

  • Lawyers condemn DSS personnel’s action

    Lawyers condemn DSS personnel’s action

    Lawyers have warned against heating up the polity ahead of the governorship election.

    Over 4,000 Department of State Security Service (DSS) personnel were reportedly deployed for the poll.

    They have continued to engage in a show of force since arriving in  the state.

    The operatives, said to have been hooded, shot sporadically into the air, with apprehensive residents running for fear of being hit by stray bullets.

    A Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike, said Osun is not known to be so prone to violence to warrant the deployment of such number of armed men.

    The Federal Government’s deployment of the DSS personnel, he said, is meant to create tension in Osun.

    “There are no security challenges in Osun State as to warrant the deployment of massive security operatives into the state few days before the scheduled election,” he said.

    Another SAN, Chief Emeka Ngige, said the security personnel should rather have been deployed to the Sambisa Forest, known as the notorious den of insurgents in the Northeast.

    Ngige said: “The militarisation of our democracy will do nobody, including the Presidency, any good. People should be allowed to express their political wishes without fear of intimidation.

    “The deployment of high number of military personnel in an election is suggestive that we’re in a civilian

    A law teacher at the University of Lagos (UNILAG), Mr. Wahab Shittu, said the massive deployment of armed security personnel could send a wrong signal that Nigeria is incapable of conducting a peaceful election.

    “While there is a necessity to guarantee peaceful, fair and credible election, we should be careful not to militarise the polity. That could constitute a danger to the democratic process,” Shittu said.

    Malam Yusuf Ali (SAN), however, said it is possible there is good reason for the deployment.

    “I’m not there and wouldn’t know what goes on in the place. When it comes to the issue of security, except you’re on ground, one wouldn’t know what informed that (deployment). I don’t want to make comments based on ignorance,” Ali said.