Tag: Lawyers

  • Lawyers,others bid Aturu farewell

    Lawyers,others bid Aturu farewell

    Eminent jurists and lawyers have bid activist-lawyer, the late Bamidele Aturu, farewell amid tributes.

    Members of the Nigerian Bar Association (NBA) Ikeja branch, where Aturu belonged, last  Thursday, paid their last respects to a man they describe as a fallen hero.

    To them, Aturu was a true activist, and not one of those who made noise merely to be noticed.

    The programme, a valedictory court session, was billed for 9am. But by 8am, fully robed lawyers had filled the premises of the Ikeja branch Bar Centre, venue of the event.

    At 8.45a.m, motorcade and pall bearers conveying the remains of the legal giant drove into the compound accompanied by Bar leaders from the branch and Aturu’s family members.

    Chairman of the Governing Council, National Human Rights Commission (NHRC) Prof. Chidi Odinkalu noted that Aturu’s pan-Nigerian outlook was deepened by his leadership of the student union movement.

    At the Adeyemi College of Education, in Ondo, where he obtained his first degree in Physics Education, Aturu was elected President of the Students Union and emerged as one of the leading young voices against military rule in Nigeria at a time when it was quite dangerous to do such things. Yet, in 1987, he graduated with a first class degree and as the best student from the college.

    Admitted to the Nigerian Bar in 1995, Aturu did his tutelage under Prof. Itsejuwa Sagay (SAN), a former Dean of Law at two leading law faculties in University of Benin and Univrsity of Ife. Simultaneously, Aturu became one of the leaders of the United Action for Democracy (UAD), which led the resistance to the regime of General Sani Abacha.

    “He was an unrelenting advocate for open government and against corruption, on which matters he advised various entities, including the United Nations and the International Labour Organisation. When the advocacy for a freedom of information (FoI) law in Nigeria was flagging in 2009, Aturu used the moment of his 45th birthday in 2009 to launch a unique public lecture and policy dialogue series on law and development which re-energised the advocacy. He invested his time, resources and considerable wattage in advancing it. The adoption of a FoI Act in 2011 owed a lot to his quiet investment of time, intellect and money. At the news of BF’s death, one writer lamented: “Nigeria has lost one of its genuine saints.”

    When the Department of State Security (DSS) branded the UAD, which he led, an enemy of the State for seeking to exercise the right to peaceful protest in 2003, Aturu responded with a public statement which, in hindsight, could well have been his epitaph: ‘We are not slaves. We are resolved to resist the undemocratic actions and practices of this regime no matter the degree of blackmail.’ He died doing just that,” Odinkalu said in his tribute.

    Immediate past chairman of NBA Ikeja branch,  Mr Monday Ubani, said Aturu’s death was the most traumatic and shocking news he ever heard. He recalled they were together in Abuja the week before he died, where he addressed newsmen over the de-registration of the Fresh Party, and never showed any signs of illness.

    “He  was  a genuine Nigerian who never fought because of political office. He was only out to protect the interest of the downtrodden. I can’t understand what kind of death that is,” Ubani said.

    A former NBA Ikorodu branch chairman, Mr. Nurudeen Ogbara said those who would will Aturu were many, especially the poor.

    “We should all find lessons in the life lived by our comrade. Can we truly say we have lived the true life? Can we say we have fought the cause of the poor and the oppressed? I said we should celebrate his life, but I must confess that I will miss him dearly as a true friend.

    “Bamidele Aturu, you have died as a prince and the heavens themselves announce your passage. Most importantly, you found peace with your God and we are assured  that you are resting in the bosom of Him you served with your skills, talents and life,” Ogbara said.

    Former NBA Ikeja branch chairman Mr. Dave Ajetumobi said Aturu left a great legacy behind.

    “Aturu was committed to the principles that Ikeja bar stands for: social justice. He was a sincere activist. He was into activism because of his love for the people and country, not for the fame and monetary reward that most so-called activists we see around these days are into. In private life, he remained what he claimed to be in public unlike others that are double faced. He was not moved by money, he was moved by compassion and love for God, counry and humanity. He treated people the way he wanted himself to be treated.

    “As chairman of Ikeja Bar, my Exco requested his assistance to handle on our behalf,  a case of a Court of  Appeal jurist who  was unfairly dismissed. It was pending  at the Court of Appeal, Abuja. We offered  to pay his air fare and lodging, but he rejected the offer. He handled the case pro bono. He also assisted the jurist with his fare.

    “Before the jurist came to us, he had approached some other activists who were very reluctant to help. That is Aturu for you!

    “Ikeja bar also saddled him with the responsiblity of organising Gani Fawehinmi Annual lectures for two  years, he did it successfully with humility. He took up many public interest litigations in courts, such as the subsidy case which led to a declaration against deregulation.

    “Some activist will only stop at arguing their cases incoherently in the media for fear of losing their government briefs,  Aturu was fearless.

    “He was involved in the evolution of the National Industrial Court to what it is today. We will miss his further contribution to the development of that court.

    ‘’He has written many books on different aspect of law. His intellectual prodigy will be sorely missed in the legal profession.

    “BF (as friends call him) would sneak  into NBA Ikeja  meetings, sit quietly and follow proceedings without razzmattaz. Some of our colleagues in human right circles are too big to identify with NBA, they only come around when they have problems or they apply for SAN! He was at the inauguration of Ikeja Bar new Exco on June 23,  2014.

    “BF was with us (NBA,  Ikeja) and other labour, civil society activists during the last fuel  subsidy protests on the streets of Lagos while many of his colleagues were struggling at media houses to be interviewed live.

    “He was a rare bred activist guided and motivated by the fear of God having  a sprinkling of Fawehinmistic doggedness and commitment! He loved not his life unto death,” Ajetumobi stated

     

     

     

  • Judges, lawyers hold  valedictory session for Aturu

    Judges, lawyers hold valedictory session for Aturu

    The Nigerian Bar Association (NBA) held yesterday a special valedictory session in honour of the late lawyer and activist, Mr Bamidele Aturu.

    Aturu died on July 9 in Lagos after a brief illness.

    The valedictory programme, which held at the Bar Centre, GRA, Ikeja, was attended by senior members of the Bench and Bar and other sympathisers.

    NBA Ikeja branch Chairman Yinka Farounbi described the late Aturu as a committed member of the branch who served in various capacities.

    He said the branch would immortalise the late Aturu with an annual programme, adding that his death was a big loss to the legal community.

    Farounbi said the event was historic because it was the first for any lawyer.

    Also, NBA Lagos branch Chairman Alex Mouka said the late Aturu was never afraid to speak up against any form of injustice.

  • Nigeria’s Top 100 Lawyers for presentation soon

    A compendium, “Nigeria’s Top 100 Lawyers”is set to be presented in Lagos.

    Published by City Lawyer Publishers Limited, it is the first attempt to rank Nigeria’s most accomplished lawyers.

    It is also a product of painstaking research and nation-wide Peer Review Rating and is designed solely to celebrate legal excellence in Nigeria.

    It is edited by Emeka Nwadioke, a former banker and award-winning journalist-turned-lawyer, the compendium which coincides with Nigeria’s 100 Years Anniversary is a culmination of over 12 months intensive research and survey.

    According to the publishing firm which also publishes City Lawyer Magazine, “Nigeria’s Top 100 Lawyers “  is designed to provide the most transparent, most respected, useful and definitive referral guide on legal excellence in Nigeria. The publishers do not accept payments of any kind from lawyers, law firms or third parties for listing in the Compendium.

    It said that “Because the quality of a peer review survey is directly related to the quality of its voting pool, nominations were obtained exclusively from the ranks of Senior Advocates of Nigeria and acclaimed Solicitors who also constituted the entire candidate pool.” The results of the online survey were then collated by the Board of Editors who double checked the ranking through independent research and discreet interviews with pre-eminent legal experts. The compendium is designed

    as a full colour, all-gloss publication in book format.

    With an Advisory Board made up of highly respected experts including renowned professor of Jurisprudence & International Law, Prof. Akin Oyebode; former UNILAG Dean of Law Prof. Chioma Agomo, and Prof. Akin Ibidapo-Obe, currently Dean of Law, University of Lagos, the publishers pride themselves on the fact that lawyers cannot buy entry into the publication.

  • Lawyers urge govt on Shippers’  Council’s funding

    Lawyers urge govt on Shippers’ Council’s funding

    LAWYERS have urged the Federal Government to prioritise the funding and provision of legal teeth to the  Nigerian Shippers’ Council (NSC).

    A  former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) Mrs. Mfon Usoro identified funding as a critical to the NSC’s survival, urging the government to address the issue for the ports’economic regulator.

    She said NSC needs to be armed with powers of the law to execute its statutory functions. She called on President Goodluck Jonathan and the transport minister to pursue the passage of the bills as soon as possible so that the Council can succeed.

    Also, the President of the Nigerian Maritime Law Association, Mr. Louis Mbanefo (SAN) and other  legal experts called on President  Goodluck Jonathan and the Minister of Transport, Senator Idris Umar, to pursue the issue of legal backing for the NSC as an important instrument for it to  play its role well.

    The stakeholders said the passage of the Ports & Harbours and the National Transport Commission (NTC) Bills as important for the ports industry, as well as to aid the NSC operations as the ports regulator.

    He identified the need for law for the NSC, adding that it should have been the first thing. He said the government to expedite action on the issue.

    Another maritime lawyer, Mr Chidi Ilogu (SAN), however, said the council can operate as a Regulator with its current law, adding that the need for urgent passage of the necessary bills for the regulator to operate cannot be over-emphasised.

    Its Board Chairman, Lt Gen. Salihu Ibrahim and Executive Secretary, Mr Hassan Bello, had during the meeting with stakeholders assured that the Council will not disappoint operators, including providers and consumers of shipping services in the discharge of its duties.

  • Okorocha donates land to lawyers

    Imo State Governor , Owelle Rochas Anayo Okorocha, has  donated a plot of land to the Eastern Bar Forum (EBF) for   its national secretariat in the state. The governor also promised to give the forum N50 million when the building is decked.

    He made these promises while declaring open the forum’s seminar and awards ceremony.

    The governor, fondly called the Senior Advocate of the Masses, praised EBF for the choice of this year’s seminar topic, which is: The role of the Judiciary in the promotion of common good and security in Nigeria, whither Nigeria? 

    “The topic is well thought out  because our nation is in dire need of good leaders at this point in time. Nigeria is waiting for the Igbos, we are  well packaged, we  are a special people.”

    Okorocha regretted a situation where the government can no longer guarantee the safety of lives and property of  its citizens, saying: “If the government cannot guide the people, the people should guide themselves.”

    He urged the people to guard themselves, form vigilante groups, know their neighbours and be conscious of their security at all times.

    He said Igbos have laid their lives more than any other group for the country’s unity.

    EBF Governing Council Chairman, Mr. Ogbonna O. Igwenyi, praised Okorocha for the gesture.

    He said: “Eastern Bar Forum in its present standard has come of age and has begun to asset its relevance in the consciousness of members and the immediate environment.  “In the year 2012 under  Kemasuode Wodu administration, the forum organsied international conference on national security at Calabar,  which was attended by the then  National Security Adviser to the President, the late General Owoyi Azazi.

    “That conference resolved that Nigeria was ripe for State Police to complement the federal force in the maintenance of law,  peace and order in our region nay the whole country.”

    The Chairman of Owerri branch of the NBA, Mr.  Stanley Chidozie Imo, expressed appreciation to the branch members who voted for him.

    He assured them of his commitment to their welfare.

    “As I said in my inaugural speech, I am extending my hands of fellowship to all and sundry. The time for politicking is over, what is before us now is the task of moving the Bar forward. I urge that all hands must be on deck in order for us to achieve this goal.

    “I want to use this opportunity to congratulate all the awardees for this well deserved honour done to them by the EBF. Particularly, I want to thank the EBF for choosing Chief Mike Ikenna Ahamba (SAN) (the Ogbuhuruzo of Owerri Bar) for this award. “As you all know, Chief Mike Ikenna Ahamba is a legal colossus and a pathfinder of our branch. I also thank the EBF for giving this honour to our action Governor, His Excellency, Owelle Anayo Rochas Okorocha

    ‘’Imo regretted that up till now, Owerri Branch has not produced a National Officer in NBA. Particularly, the EBF has never endorsed a candidate from Owerri.

    “ Therefore, I want to state here and now that come next two years, we shall be calling on the EBF to help us realise this dream. On our own part, we shall present a candidate that is marketable,”  he said.

     

  • Lawyers, social activists, others mourn Aturu

    Lawyers, social activists, others mourn Aturu

    Lawyers, social activists, oth
    ers sympathisers have been
    visiting the  residence/chambers of activist and Lagos lawyer, Bamidele Aturu, 49, who died last Wednesday to commiserate with his wife.

    Until his death, Aturu was a leading human rights, labour and pro-democracy activist.

    Among those who called at the deceased’s residence are the former Attorney-General of Ogun State, Mr. Wemimo Ogunde (SAN); eminent Professor of Law,  Itse Sagay; Director-General, Centre for Black and African Arts and Civilisation (CBAAC), Prof. Tunde Babawale; Professor of Entomology,  Olukayode Bamgbose of Federal University of Agriculture, Abeokuta (FUAAB), Chairman, Agege Local Government, Hon. Jubreel  Abdulkareem; Dirctor Centre for Free Speech, Richard Akinola;  activist, Wale  Ogunade; Coordinator, International Press Centre and former Lagos State Chairman, Nigerian Union of Journalists (NUJ), Lanre Arogundade and Segun Aka-Basorun.

    They paid tributes to the fallen lawyer.

     

    Femi Adesina

    President, The Nigerian Guild of Editor, Femi Adesina expressed  shock over the untimely death of the radical lawyer.  Adesina in Lagos described the deceased as an activist par excellence who sacrificed his all for justice to the oppressed an downtrodden in the society.

    He said the late lawyer will be remembered as a fearless activist who stood against military dictatorship and fought for the restoration of good governance and corrupt free society in the country.

    “He was an activist par excellence. Somebody who has been in the public glare since his university days and who kept faith in what he believed in to have just passed on like that is quite sad. It is even very sad because he passed on at the age of 49”.

    “He will be remembered for his landmark strides the country especially in standing up for the rights of the downtrodden and oppressed in the society.  He will also be remembered as an activist who voiced out his opinion against bad leadership and the entrenchment of good governance in Nigeria, His vital and incisive contributions to burning national issues can never be forgotten.

    “We pray that God will comfort his family and colleagues and grant them the fortitude to bear the irreparable loss” he said.

     

    Mrs. Funke Adekoya(SAN)

    Mrs. Funke Adekoya (SAN) described the death of rights activist, Mr. Bamidele Aturu as shocking and unbelievable.

    Adekoya said in a statement by Mr. Emeka Nwadioke, the Director of Publicity, Funke Adekoya Campaign Directorate, that Aturu’s passing is a huge loss to Nigerians.

    “I received with shock and disbelief the passing of Mr. Bamidele Aturu,” said Adekoya.

    “He was a foremost advocate for the rights of the common man.  Aturu has not been afraid to take a position on anything that affects the rights of the Nigerian citizen. He has stood steadfastly against any encroachment on people’s or citizens rights. It is a loss not just to the human rights community; it is a loss to the civil society organisations; it is a loss to the Nigeria people.”

     

    Dele Adesina (san)

    adesiona said: “I have just received with shock information that a shining light of our progressive bar in the person of Bamidele Francis Aturu  passed on in Lagos. I beseech all members of the Bar to remember his family in prayers. This loss is irreplaceable. I am short of words for now. May God console his family and the Nigerian Bar Association. Amen.”

     

    Augustine Alegeh(SAN)

    The sudden demise of our learned colleague Bamidele Aturu is shocking and sad. He was a vibrant lawyer who never wavered in his commitment to serve the oppressed. I join in praying for the repose of his soul and for God to comfort his family during this difficult time.

     

    Charles Uwensuyi-Edosomwan(SAN)

    Former Attorney General, Edo State,  Charles Uwensuyi-Edosomwan (SAN) said the sudden death of Bamidele Aturu “is shocking, to say the least. He was a good lawyer that should have been a SAN. His was a credible voice that was never primed for self vending. He was honest to a fault and demonstrated uncommon courage whenever events called for it. His death is such a sad loss to a country that sorely needs honest discerning minds like that of the forgone Aturu. My heart goes out to his family”.

     

    Tayo Oyetibo (SAN)

    The premature death of Bamidele Aturu is a big loss to the Bar in particular and the nation in general. Aturu was very active in the human rights front as well as in the civil society. He was committed to the defence of the rights of workers in Nigeria and played a prominent role in the fight for the return to democratic governance in Nigeria. If he died from complications arising from high blood pressure, then lawyers in Nigeria should take a cue from the incident and pay close attention to their health.

     

    Monday Ubani

    His death is of monumental proportion to the human rights community in particular and to the country as a whole. He was a perfect gentleman, a  zealous patriot and a change agent. He has been in the forefront of the fight against corruption and ineptitude of Nigerian leadership over the years. These fights and the Nigerian pathetic situation may have taken a toll on his health.  His death is a cruel one and he will be greatly missed by many Nigerians young and old. We pray for the family for strength and absolute peace with God to bear this great loss. May his humble and gentle soul rest in perfect peace.

     

    Nurudeen Ogbara

    “Verily, with ALLAH alone is the knowledge of the Hour…”Qur’an 31:34.”To Allah we belong,and to HIM is our return.”Qur’an 2:156.I lost a brother,friend and comrade – Bamidele Francis Aturu. Kindly pray for him,his aged parents,wife and children.BF, RIP!

     

    Ikechukwu  Ikeji

    Activist, Ikechukwu Ikeji  said Aturu”was a colossus that bestrode the landscape of justice in Nigeria. He was an iroko among the trees of the forest of the battle for the soul of of a better Nigeria. He was a General in the human rights community. He tried his best to add impetus to the fight against injustice and oppression. He died too young, leaving us all with mouths agape. I feel saddened by this irreplaceable loss, I feel helpless and overwhelmed by the reality of the fruitlesslessness of our stressful existence, an existence that holds nothing but a deep question of what happens to us all in the hereafter. Aturu’s death is a reminder that we should all mend fences with ourselves and God so that, in the event we have any account to give after death, there will be no condemnation waiting for us. I feel for his family as I pray that God gives them the fortitude to bear the loss while I pray for a repose of his soul.”

     

    Adegbamigbe Omole

    Former chairman, Nigerian Bar Associatin (NBA), Ikeja Adegbamigbe Omole said the death of Aturu “came to me as a rude shock I still cannot believe that BF is no more. I have known him for a period spanning over two decades when we met at Ife he had never looked sickly. He was a committed and an uncompromising activist defending the rights of the less privilege. He was a brilliant advocate always on the side of the truth. Now that the reality has done on us that BF has departed this sinful world we pray that the almighty God will give the family and the human rights community he left behind the fortitude to bear this great loss”.

     

     Tunde Babawale

    Babawale described the late Aturu as “a man of the people, committed advocate of social justice, relentless fighter of the oppressed, a brilliant, humble and caring individual. Adieu, Bamidele

    The news of the death of Bamidele Aturu came as a rude shock and unbelievable. The Legal profession, no doubt, has lost a rare breed that may be difficult to replace.  BF, as we fondly called him, was a very committed member of our branch, the NBA Ikeja Branch. He has served the branch in so many capacities. He was two years the Chairman of our Gani Fawehinmi Annual Lecture and he did so well – he spent his enormous time and money for the success of the programme and he used his Uncorrupted influences all over the federation to gather the who is who of this country to attend the event.

    BF was equally a consultant to our branch on legal issues and he has taken up an appeal at the Court Appeal, Abuja on behalf of the branch without taken a dime. Not only did he not charged us, he bore the flight and the hotel bills on his own.

    As for the NBA Ikeja Branch, which I currently lead, we will immortalise BF for his numerous contributions to the continuous growth of his worthy branch. He was our son and we are proud of him.

    Beyond these, Nigeria and Nigerians had lost one of the truest Human Right Activists this Country ever produced. BF could be the only man standing like Gani Fawehinmi. You will recall he declined the offer to serve in the CONFAB with the attendant lost of over N10million whereas some instigated protest(s) to be nominated. How many Nigerians can be that principled?

    The legal profession has  lost a rare breed that may be difficult to replace. His humility has no equal.

    Adieu “The Man Of The People”

     Prof. Sagay, who fought back tears when he visited wrote in the condolence register, “Nigerian light has gone. God knows better”.                                                                                                

    Prof. Bamgbose wrote, “God must have a reason for doing this. It is well.

     Ogunde(SAN) wrote, “Dele, this is a big loss your departure has brought. Till we meet in the bosom of the Lord.”

     Hon. Jubreel  Abdulkareem                                                                                                                  

     Hon. Jebreel wrote: “I pray to almighty Allah to forgive you and reward all your efforts, especially to have.”

     Wale Ogunade

    Activist Ogunade wrote: “You have done your bit. We shall keep the flag flying

  • Fashola: How lawyers, others connive to throw courts into darkness

    Fashola: How lawyers, others connive to throw courts into darkness

    Lagos State Governor, Babatunde Fashola (SAN) and  other lawyers  have asked that a mechanism be put in place to curb  the justice delay in the state.

    The governor lamented incessant power outage in the high courts, noting that it contributes to justice delay.

    Fashola spoke at a conference on “Delay in Justice Administration-Beyond the rules and the law” organised by the state Ministry of Justice and the Nigerian Bar Association (NBA) in Lagos.

    Fashola accused some officials of Eko Electricity  Distribution Company of cutting off power supply to the courts at  9 am and  not returning it until about 5pm.

    The governor said some lawyers and litigants connive with public officials to ensure power outage in the courts to delay proceedings.

    The governor noted that lawyers are trained to assist their clients, and that they should be honest enough to restrain  their clients from going to court.

    “What is the value in a judge sitting for hours over a matter that is not actionable only for the lawyer to be filing frivolous applications?” he asked.

    Governor Fashola also noted that the architectural designs of the court rooms have also constituted delays in administration of justice.

    He noted that whenever there is power outage in the courts, there is nothing that can be done again.

    “In the old court rooms, there was cross ventilation and day light in the court rooms. So, there was  no disruption of proceeding as a result of power outage.

    “I think we should start looking into designing courtrooms that would have cross ventilation and day lights,” he said.

    The Attorney-General, Mr. Ade Ipaye, noted that lawyers and litigants are key players that can either speed up or slow down  adjudication.

    Other factors which could also delay administration of justice include the judges, court buildings and equipment, court rules of procedure, court staff and registry, enforcement and custodial facilities among others.

    He said all these factors determine the quality and pace of adjudication.

    To reduce trial time, he said the state established the Multidoor Courthouse and the inclusion of Alternate Dispute Resolution(ADR) in the rules of Civil Procedure.

    Ipaye said frontloading also stemmed the influx of frivolous cases, adding that cases filed at the High Court of Lagos State has reduced  from 6,696 in 2011 to 6,584 in 2012 and to 6,043 last year.

    He said the number of cases which  achieve early settlement has increased due to ADR and the establishment of fast track courts.

    The Solicitor-General Mr. Lawal Pedro (SAN) said the reduction in delay in justice administration would be better appreciated when  the advantages gained by the society is considered, noting that litigation precludes resort to violence and circumvention for self-help.

    Pedro suggested a four-way approach to eradicate the delay.

    He  suggested that a week in each quarter of the year be declared a Law conference week for judges and lawyers to find solution to the problem.

    The Solicitor-General said in criminal justice system, the Inspector- General of Police (IGP) should be made to issue directives that no policeman involved in criminal investigation is posted outside a state without clearance from the Attorney- General.Also, he said there should be early fixing of trial dates to limit time for interlocutory proceedings and case management.

    A former Attorney-General/ Commissioner for Justice in the state, Mr. Yemi Osinbajo, suggested that the sittings at  Court of Appeal should be enlarged to accomodate not less than five panels sitting simultaneously to ensure the speedy dispensation of justice.

  • NBA Presidency: Yoruba lawyers drum support for candidates                             

    NBA Presidency: Yoruba lawyers drum support for candidates                             

    AHEAD  of the July  15 election of the Nigerian Bar Association (NBA),Yoruba Lawyers Association aka Egbe Amofin is drumming support for its presidential candidates.

    The Egbe’s Chairman Chief Bandele Aiku urged his colleagues to respect the group’s zoning arrangement  by voting  for any contestants from the Southwest as the NBA’s president.

    He spoke during a meeting of the group in Ibadan, the Oyo State capital. He said: “It is just a matter of understanding and arrangement – ‘you scratch my back, I scratch your back’. It does not matter who wins the Presidency”.

    Mrs.  Funke Adekoya (SAN), Mr Dele Adesina (SAN), Chief Niyi Akintola (SAN), Mr Augustine Alegeh (SAN), Midwest and O. J. Erhabor  have indicated interest in the race.

    Contestants from other zones who came to canvass for the group’s support were Francis  Ekwere, Reuben James, Mackson Oruma and Chinwe Nwadike, who was adopted by EBF as its candidate for Treasurer, Afam Osigwe, Steve Abar and T. T. Igba.

    Aiku said: “The leaders of the Mid-West Bar came to us  in 2012 and indicated interest to be with us. We welcome them  and told them that the  third round of the zoning arrangement has just started with the Eastern Bar Forum  producing the Okey Wali (SAN) as its candidate, the  Southwest will produce the NBA President in 2014 and when next it comes to us  that is 2020, the Midwest will take the slot and no candidate from the Southwest.

    “They  thanked us and promised to go, consult with their people and get back to us. We did not hear from them again, what we heard is that they have a Presidential candidate to contest the election with the Southwest.

    “We have written to the leadership of the Eastern Bar Forum (EBF) and the Arewa Lawyers Forum  (Arewa) intimating them with the situation and telling them who our candidates are. We will still approach them and  make our position clearer to them.”

    The Secretary of Egbe Amofin, Mr. Ranti Ajeleti, said: “We met and considered our members who are contesting for other  offices at the election apart from the Presidency. Where we have only one person contesting for an office, we adopt that person. But where we have more than one person aspiring for the same office, we consider them, choose one and ask the other one to wait. At the end of the day we will meet with the other fora and joggle the list.”

    On what he meant by joggling the list, Ajeleti said: “The EBF will come with its list, the Arewa will come with their own and we will sit down and consider the lists on their merit and agree on who gets what. When the leadership of the fora meet on the manifesto night, it will  be for the ratification  of  the status of the candidates” Ajeleti stated

    Earlier, the Middle Belt Lawyers Forum (MBLF) held its second meeting in the year in Abuja. It was attended by some members of its Interim Executive Committee. They includE the chairman, Mr.  Emmanuel A. Haruna; First Vice Chairman,  S. P. Dashi;  Secretary, Mr. Agada Elachi; Secretary, Joshua Wapdiye,  Debo Adeyemo, Prince I. A. Ochoga.

    Also in attendance were some leaders/elders of the Forum,. They included former President, NBA, J. B. Daudu (SAN);  Country President, FIDA Hauwa Shekarau; Ocholi James (SAN), Okutepa (SAN), P. O. Okolo, former chairman Abuja branch NBA, A. A. Ibrahim, Chief John Ochoga and Joe Abrahams (SAN).

    It was resolved during its meeting that candidates contesting for national offices of NBA that wish to seek the endorsement, adoption or support of the Forum were required to communicate such desire in writing to the Forum.

    The Forum adopted the following for some offices in the  NBA Election: Reuben Usman James, general secretary; M. I. Komolafe, third vice president; T. T. Igba, welfare secretary;  I. A. Ochoga, financial  secretary  and R.O. Balogun, legal adviser.

    Adoption of candidates for other offices will be addressed by the Forum at its next meeting.

    Some candidates delivered goodwill messages to the Forum during the meeting. They include Funke Adekoya (SAN),  Chief Niyi Akintola (SAN), A.Alegeh (SAN), O. J. Erhabor, Barth Okeye-Aniche, Chairman  NBA Abuja branch, and Mr. Desmond U. M. Yamah who represented Mr.  Afam Osigwe.

    Others were  Francis Ekwere, Taiwo Taiwo, A. A. Ashong, Kunle Edun and A. Oluwole.

  • When Lawyers’ protest  grounds Ondo Courts

    When Lawyers’ protest grounds Ondo Courts

    Lawyers in Ondo State went on a protest march in Akure recently to complain against a controversial circular issued by the Chief Registrar attaching payment of tax as a condition for standing as a Surety in the state, DAMISI OJO
    reports.

    The judiciary in Ondo State was virtually grounded recently by men and women of the learned profession who boycotted the Courts and took to the streets in protest. Their grouse was a controversial circular by the Chief Registrar Chief S. A Akinrinsola spelling out a new bail regime in the State.

    The circular with reference number CROD/0012/01/61  dated May 27, 2014 and titled: Pre-condition for Approval of Bail Application informed all Magistrates and Registrars of High Courts/Magistrates Courts that henceforth a pre-condition for approval/perfection of all bail applications shall among others include the production of evidence of payment of tax for the current year or tax clearance by the surety/sureties.

    The lawyers who were at the receiving end of the circular quickly summoned a meeting to discuss the new directive already approved by the State Chief Judge, Justice Olasehinde Kumuyi. And following their meeting they decided to troop out on to the streets around the High Courts premises to protest the new bail regime.

    As early as 8: 00 am the protesting lawyers  stormed the High Court Premises carrying placards with various inscriptions such as Bail: A constitutional right, not a taxable right, Mimiko, don’t kill Ondo State Judiciary and CJ, judiciary cannot be used as a fraud institution among others.

    With this circular, it was learnt that many suspects facing trial for simple bailable offences and who could not afford N75,000 for tax clearance have been denied bail by Courts in the state and remanded in Prison.

    Its effect has now led to an increase in the number of awaiting trial suspects that has paved way for serious accommodation challenges at Olokuta Prison in Akure.

    The leadership of NBA, Akure branch led by its Chairman, Lawrence Dare had reportedly met with the Justice Kumuyi to request for reversal of the said circular.

    According to Dare, this order has already limited the exercise of discretion by Trial Courts to grant bail thereby infringing on the liberty of citizens especially suspects that could not afford the minimum tax imposed by Government.

    He said bail could not be used as a source of revenue to the government, adding that Judiciary is not a tax collector.

    His words; “it is unconstitutional, null and void for a CJ to impose conditions of bail on his learned brother judges, it is now an avenue for the ruling political party to cause their opponents to be arrested and detained on frivolous charges majorly during elections, it is unfortunate that Ondo has now turned into Police State.

    “This circular is not a Practice direction issued by my Lord, Practice Direction must be signed by the Chief Judge. (And) Magistrate Courts are governed by Magistrates Law of Ondo State,2006 and not by a mere circular signed by the Chief Registrar.

    “Prisons are now congested in Ondo State. It is the duty of CJ to decongest prisons and not take any step that will lead to anything otherwise.

    “Many accused persons including elderly ones will now die in Prison custody for the offences that they may not be found guilty at the end of the trial.

    The NBA Boss lamented that Police men would now reap the benefit of the said circular, stressing that the development would give them ample opportunity to extort huge money from suspects in their custody.

    He noted that the grant or refusal of bail is at the discretionary power of the judges or Magistrates

    According to him, the conditions of bail could only be imposed by the trial Judge or Magistrate and same could not be dictated by anybody or authority whatsoever.

    “Justice is the last hope of a common man. The rich can use the situation at hand to punish the poor by bringing frivolous charges against an accused person in Court. The poor man will be in prison custody for years because he will be unable to perfect the imposed conditions of bail

    “Self recognition is one of the conditions that may be imposed by a Judge or a Magistrate. The said circular has now cancelled this and tied the hands of the trial Judge and Magistrate”. The NBA Chairman stressed.

    However, the Chief Judge, Justice Kumuyi (CJ) insisted that he would not reverse the circular, stressing that he had given the directive and it is now left for  the Judges and Magistrates to comply with it.

    He threatened to dismiss any judge or Magistrate who fails to comply with the Pre-conditions of bail stated in the circular.

    One of the lawyers, Titiloye Charles frowned at the attempt by the state Judiciary to amend and abridge, by the circular,  the fundamental human rights of citizens to liberty guaranteed in the Constitution.

    The former Akure NBA Secretary said “we are now at a loss that our Court is no longer in pursuit of justice but revenue generation for the executive arm even to the extent of undermining the constitution they swore to protect”.

    Titiloye called on the CJ to withdraw the circular in the interest of protecting the integrity and independence of the Courts in Ondo State.

  • Judges, lawyers identify arbitration challenges

    Judges, lawyers identify arbitration challenges

    The Nigerian Bar Association (NBA), Ikeja Branch last week held its annual law week for 2014.  The one-week event attracted many lawyers and judges sector, writes ADEBISI ONANUGA.

    The Nigerian Bar Association (NBA), Ikeja Branch last week  held its annual law week for 2014. The one-week event, which also incorporated the mandatory Continuous Legal Education, was themed: “Surmounting Professional Challenges through Continuous Legal Education”.

    It attracted former Head of State, Gen. Yakubu Gowon,  House of Representatives Speaker Aminu Tambuwal and  Deputy Senate President, Senator Ike Ekweremadu at the annual Bar Dinner.

    Also in attendance were  Imo State Governor Rochas Okorocha,  Akwa Ibom State Governor Godwill Akpabio, Osun State Governor Rauf Aregbesola, Oyo State  Governor Abiola Ajimobi and Lagos State Governor Mr. Babatunde Fashola (SAN), who was the chief host.

    The mandatory Continuous Legal Education attracted a large number of Justices of the Court of Appeal, Federal and State High Court . The Justices of the Court of Appeal included  Tijani Abubakar, Sidi Bage and those of the High Court including Justices Opeyemi Oke, Oluwatoyin Ipaye, Adenike Coker,  Sedoten Ogunsanya,  K. A. Jose, S.B. Candide-Johnson, Ayisat Opesanwo, Funmilayo Atilade, Latifat Oluyemi, Lateefat  Folami, Ronke Harrison, Adeniyi-Adeogo Adebajo and Kazeem Alogba among others.

    During the Continuous Legal Education programme, the Bar and the Bench disagreed on those that constituted obstacles to successful implementation of the Alternative Dispute Resolution (ADR) in Lagos State. While Justice Toyin Ipaye put the blame at the door step of lawyers, the Bar represented by the chairman of the branch, Monday Ubani absolved lawyers of any blame on the issue. Ubani said the plaintiffs/Claimants always want their lawyers to fight for them in the court. He said most times, they viewed lawyers who advised clients to opt for  ADR as a weakling and incompetent.

    Justice Ipaye  said experience has shown  that most of the resistance to the use of ADR mechanisms comes from the lawyers and not necessarily their clients.

    Justice Ipaye a facilitator at the programme  in a paper titled: “Exploring the mediation window at the Court of Appeal, Magistrates Court, High Court, Family Court, Criminal Court: Prospects,Challenges, Drawbacks,Efficacy” .

    The judge, who was represented by another judge, Justice Latifat Oluyemi, noted that lawyers are resistant to the change because they have been well  trained in litigation, the adversarial method of resolving disputes; they are thus unfamiliar with the other models.

    “But change has come and they have to jump on board the train or they will be left behind at the station”, she stressed, adding that ADR is now a global reality.

    Justice Ipaye said the appropriate thing for judges and magistrates to do is to seek to know the reason for the non submission to mediation or other ADR method by lawyers and claimants/litigants and address the concerns.

    In his paper, The Rudiments of Brief Writing, Mr. Olatunde Adejuyigbe counseled lawyers against filing a brief of argument in solidarity with appellant.

    Said Adejuyigbe: “The role of the respondent in an appeal is to defend the decision of the court from which the appeal emanates and canvass arguments that the decision of the lower court be affirmed”.

    Citing relevant authorities and a decided case between Ohiaeri and Yusuf, Ogebe J.C.A., Adejuyigbe argued that where a respondent files a brief of argument urging court to allow the prayers of the appellant, the court will strike out such a brief by the respondent or discountenance it.

    He said if the respondent finds it difficult to support or defend the decision appealed against, he needs not file a brief of argument.

    He however said that where a respondent filed a cross-appeal against the decision of a lower court, “he can canvass arguments in respect of the cross-appeal with the objective of urging the Appelate Court to set aside a specific finding of error made by the lower court.

    He said this point was made very clear and correctly by a Justice of the Supreme Court of Nigeria, Justice Bode Rhodes-Vivour, in a matter between Lafia Local government and Governor of Nasarawa State in 2012.

    Justice Adebajo who delivered paper on Criminal Evidence remarked that where the court directs that DNA samples be provided by defendants, it has been found out that the prosecution is obliged to put the result before the court and also to make it available to the defendants.  He pointed out that where the report is not made available to the defendant,  the court would presume the report in favour of the defendant.

    Adebajo described forensic evidence as a two-edged sword, which most often serves the best interest of the party calling for it.

    In a welcome address, chairman of the branch, Monday Ubani explained that the choice of the topics was informed by challenges which some lawyers are facing in the sector.

    Ubani said the topics were intended to equip lawyers with the skills and knowledge that would make them excel in the administration of justice and  abreast of developments around the world.

    During the world press conference held to kick-start the law week, Ubani took a cursory look at the situation in the country and said that the entrenchment of a true federal system of government is the only panacea to reducing tension and the various problems that have been confronting the country.

    Ubani also stressed the need for resource control by the owner state, saying that it is also key to reducing tension in the country.

    “We feel strongly that the best system that will reduce tension and create competitiveness and healthy rivalry for the purpose of development is a proper federal system. If this is not agreeable to all citizens, then the country is advised to go their separate ways”, he stated.

    He insisted that only a true federal system of government would be condusive and reduce tension for such a multi-ethnic and diverse religious country like Nigeria.

    “Other issues like state police, control of natural resources by the owner state, payment of certain percentage to the Federal Government, creation of local government and the strengthening of institutions like the judiciary, electoral commission among others should all be agreed upon”, he said.

    The NBA chairman pointed out that the country would be taking a retrogressive step if it should subject the outcome of the ongoing national conference to the National Assembly for consideration on the planned amendment to be made to the 1999 Constitution.

    Rather, he suggested that the outcome should be subjected to a referendum of the people.

    He, however, warned that all efforts being made at the conference would be a futility if it failed to discuss such issues like definition of citizenship and aspiration of one common goal and objective.

    He asked members of the House of Representatives to investigate the allegation of the missing $20 million oil money and the N10 billion allegedly squandered  on  the hiring of private jets by the Minister of Petroleum Resources, Mrs. Deziani Allison-Madueke .

    The association urged members of the House of Representatives to handle the matter with the same courage with which the Committee on Aviation handled that of the former Minister of Aviation, Pricess Stella Oduah saying: “They must let Nigerians know the truth of their finding”.

    It observed that the ship of Nigeria is heading towards a wrong direction and urged the leadership to look into its compass and change direction.

    Ubani lamented that the governance of Nigeria is not reaching to the nooks and crannies of the country noting  “few parasites are presently sitting on top of Nigerian wealth, sharing it the way they want to their family members, cronies and friends to the exclusion of the majority”

    As part of the activites marking the Law Week, the Ikeja branch of the NBA, (a.k.a. The Tiger Branch), engaged the Lagos Island Branch (a,k.a. Premier Branch) in novelty football match which ended 1-1 draw.