Tag: NBA

  • Boycott directive stalls Onnoghen’s case in Industrial Court

    The directive by Nigerian Bar Association ( NBA ), calling on its members to boycott the courts for two days stalled the hearing of a suit challenging the trial of Justice Walter Onnoghen.

    Onnoghen was the former Chief Justice of Nigeria (CJN).

    The suit which is challenging the jurisdiction of the Code of Conduct Tribunal (CCT) was slated for hearing on Wednesday in the National Industrial Court, Abuja.

    The court had on Jan. 14 granted an interim order brought via a motion exparte application against the Tribunal by Peter Abang, lawyer and concerned Nigerian.

    At the resumed hearing of the substantive suit, the judge, Justice Sanusi Kado informed the defendant counsel, Abdullahi Abubakar representing the Attorney-General of the Federation that there was a letter from the claimant’s counsel before the court.

    Kado also said the letter from the counsel, James Igwe (SAN), asked for a new date, adding that his absence was due to NBA’s directive to lawyers to boycott courts in protest of Onnoghen’s suspension.

    The judge thereafter adjourned the matter until Feb. 7 and directed that hearing notices should be served on all parties.

    Read Also: I participated in NJC meeting, says NBA President

    NBA reached a resolution to boycott courts nationwide from Tuesday Jan. 29 and Wednesday Jan. 30, after its National Executive Committee (NEC) meeting on Monday in Abuja.

    The NBA President, Mr Paul Usoro, who made the announcement, said lawyers reached the agreement to express their displeasure over the suspension of the CJN.

    Onnoghen was suspended by President Muhammadu Buhari on Jan. 25, over failure to declare his assets as required of every public servant by law.

    The president said he acted on a motion exparte order granted by the CCT, replacing Onnoghen with Justice Tanko Mohammed as acting CJN.

    Joined as co-defendants in the suit are Code of Court Bureau (CCB), CCT chairman, Danladi Umar, Office of the Attorney-General of the Federation and The National Judicial Service Commission (NJC), and the National Judicial Council

    Others are The Federal Judicial Service Commission, the Inspector-General of Police, Minister of Justice Minister, Abubakar Malami, and the Senate President, Bukola Saraki.

  • Boycott stalls court proceedings

    The Nigerian Bar Association’s (NBA) order to lawyers to boycott courts nationwide from Tuesday, Jan. 29, was complied with in Ebonyi.

    The News Agency of Nigeria reports that the NBA ordered its members nationwide to boycott the courts for two days to protest the suspension of Chief Justice of Nigeria, Justice Walter Onnogheni.

    When NAN visited some of the courts, most judges reported for duties, but when some cases were called, there were no legal representations and no reason was given for the absence of counsel.

    Lawyers deserted the Ebonyi High and Magistrates’ Courts, except for some judicial workers who were at their duty posts.

    However, visitors to the complex were thoroughly screened by its security personnel at the gate.

    Chairman of Abakaliki branch of the NBA, Mr Festus Nweke, said that the action was in compliance with the NBA’s National Executive Committee (NEC) directive on the matter.

    “The action taken by the Federal Government on Onnoghen is an invitation to anarchy as the government was not the appropriate body to discipline a judicial officer in Nigeria.

    “The courts will remain closed because the FG’s action is an aberration of the law that would not stand.

    “We do not want a lawless society and we are monitoring our members in Afikpo and other places to ensure total compliance to the directive,” he said.

    Chief Basil Njima, a political analyst, however, faulted the NBA’s decision, noting that no judicial officer is above the country’s laws.

    “Onnoghen erred in law having admitted that he forgot to declare over N1billion as assets and therefore cannot remain as the country’s chief judicial officer.

    “The Chairman of the National Judicial Council (NJC) is the nation’s Chief Justice, so it is morally wrong for him to preside over his own case,” he said.

  • Breaking: Lawyers ignore NBA’s court boycott directive

    Many lawyers in Abuja on Tuesday ignored Monday’s directive by the Nigerian Bar Association (NBA) for legal practitioners to stay away from courts until the Executive reverses the suspension of Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Visits to courts in Abuja on Tuesday revealed that fully robbed lawyers, turned up in court, ready to conduct businesses for the day.

    The situation was the same in the Supreme Court (located within the Three Arms Zone), through the Court of Appeal (located also in the Three Arms Zone), the Federal High Court (in Maitama) and the High Court of the Federal Capital Territory (FCT) in Maitam.

    Although most judges at the Federal High Court did not sit, with some said to be attending a seminar, Justices of the Supreme Court sat and conducted proceedings. So was the case in some High Court of the FCT visited.

    Read Also; Court boycott: lawyers express mixed reactions

    Some of the lawyers spoken to said the directive by the NBA lacked the force of law. And since it was not an order of court, lawyers could choose to abide by it or disregard it where their client’s interest is at stake.

    They argue that since the issue of the suspension of the CJN was already in court, the NBA and all other interested parties should allow the court reach a decision one way or the other.

    Details later

  • NBA rejects Onnoghen’s suspension, says it’s a coup

    THE Nigerian Bar Association (NBA) yesterday rejected the suspension of Chief Justice of Nigeria (CJN), Walter Onnoghen, describing it as a coup against the Judiciary.

    Its President, Paul Usoro (SAN), said President Muhammadu Buhari’s decision amounted to the suspension of the Constitution. In a statement, the NBA said the swearing-in of Justice Ibrahim Tanko as the acting CJN cannot stand.

    “The Nigerian Bar Association unequivocally rejects and condemns this attempted coup against the Nigerian Judiciary and evident suspension of the Nigerian Constitution by the Executive arm of the Federal Government.

    “The action of the Executive portends a slide into anarchy and complete deconstruction of the Rule of Law and due process. “It amounts to an absolute breach of the Constitution and the usurpation of the powers of the Senate and the National Judicial Council.

    “It is unfortunate that the Executive branch of government purports to suspend the CJN on the basis of an alleged exparte order of the Code of Conduct Tribunal – the  same Tribunal that, to the knowledge of the Executive, had, only the previous day, Tuesday, 22 January 2019 adjourned its proceedings to Monday, 28 January 2019 and has before it a Motion on Notice that is yet to be argued, seeking the same reliefs as were contained in the purported ex-parte application, to wit, the suspension of the CJN, amongst others. Hide original message “We call on the Federal Government to avert the looming constitutional crisis precipitated by its ill-advised action.

    Read also: I suspended Onnoghen on CCT’s order –Buhari

    “In particular, the Nigerian Bar Association demands the reversal of the purported suspension of Honorable Mr. Justice Walter S C Onnoghen, GCON. “We also call on the National Assembly to assert its constitutional authority and powers and prevent this slide into chaos and erosion of the Rule of Law.” But, a senior lawyer and multilateral diplomat, Dr. Babafemi Badejo, said it was left for the courts to decide whether Chief Justice Onnoghen’s suspension was proper.

    The former University of Lagos lecturer said: “Today (yesterday) is a very dark day in the history of the Nigerian judiciary. “As a legal practitioner, it is saddening that the man at the pinnacle of the Nigerian justice system has to be ordered suspended on the basis of the orders of the Code of Conduct Tribunal. “Walter Onnoghen, the suspended Chief Justice of Nigeria, definitely has himself to blame.

    “In addition, the nation must blame the SANs,who saw nothing wrong with the violation of our Constitution on the head of our Judiciary but pitched their tent on their own interpretation of the law on due process.

    “I was shocked that a former head of the Nigerian Bar Association (NBA) was referring to a treaty that does not exist to suggest an immunity that does not exist for the CJN. Which is Treaty of Versailles 1508?

    “The history of separation of powers is more complex than that and those who originated that doctrine have never argued immunity for any of the leadership aside from the President and Vice-President.

    “Rather than persuade the CJN to step aside, even if without resigning if he thought he was right, the SANs decided to dig in and chose to rely on procedure and not substance.

    “Was the CJN wrong in law? They argued that was not important. Procedure is important no doubt but the substance is crucial at the same time.

    “It is these legal practitioners wearing silk who should have led the rest of society in standing for probity. They have brought ignominy on our Judiciary. They led the Chief Justice of Nigeria into a cul de sac.

    “The President’s statement cannot be faulted even if some Nigerians may read motivations to it.

    “The courts are there to look into issues of whether the President has power to suspend and whether the CCT can issue the order it made.

    “Meanwhile, the CJN needs to answer to the current charges and impending ones likely to follow given the matters said to be arising from additional investigations.”

  • Onnoghen: Executive attempting to intimidate Judiciary – NBA

    The Nigerian Bar Association, (NBA) and other lawyers have condemned plans by the Code of Conduct Bureau (CCB), to try the Chief Justice of Nigeria, Justice Walter Onnoghen.

    Onnoghen is set to be arraigned by the bureau at the tribunal on Monday on six counts of alleged false asset declaration at the Code of Conduct Tribunal (CCT) in Abuja.

    A statement issued by the NBA on Sunday in Abuja said the move was an attempt by the executive arm of the government to intimidate the judiciary.

    The statement which was signed by the NBA President, Mr Paul Usoro, condemned the speedy nature of the investigation and trial of Onnoghen, saying the established precedent for such a trial was not followed.

    “If one contemplates the fact that the CCT arraignment is scheduled to take place on Jan.14, we have in total a record number of 3 (three) working days between the receipt and processing of the petition, investigation, preparation of charge and ancillary processes and the arraignment.

    “With such unprecedented speed and efficiency in Nigeria’s criminal justice administration, it is clear that the NJC was not privy to it and did not conduct its mandatorily required disciplinary processes prior to the filing of the charge before the CCT.

    Usoro said it was difficult for a disinterested observer not to see a pattern of consistent assault by agencies of the FGN on the heads of the two independent arms of government.

    On his part, Mr Sebatian Hon, (SAN) said that the haste with which the charge was filed indicated that it was a political witch hunt and not an honest investigation.

    According to Hon, there is an attempt to destroy the judiciary or gag it; and in the latter situation, to hector it into submission.

    “I personally say no to this and all Nigerians must say no to this unprovoked assault on the judiciary.

    “Nothing stops the Federal Government from deferring, in the interest of national peace and cohesion, the filling of those charges till an opportune time since there is no limitation of time in criminal proceedings,” Hon said.

    He counseled the CJN not to heed what he described as the obviously unholy call that he should step aside.

    Similarly, Mr Mike Ozekhome, (SAN) also described the act as an attempt to gag the CJN who was constitutionally empowered to inaugurate the presidential election tribunal, against the 2019 election.

    According to Ozekhome, the trial is undoubtedly politically motivated because as head of the judiciary, the CJN will be the one to empanel the presidential election tribunal that will try cases which emanate from the elections.

    “There are many questions to be asked: When have Nigerian security agencies optimized and displayed such efficiency that a petition by an NGO, dated Jan.7 and received Jan. 9 was acted upon with such automatic alacrity that by Jan. 11, charges have already been filed against Onnoghen.”

    The senior lawyer maintained that the criminal charge filed against the CJN was politically motivated.

    He added that the CJN could be removed from office only where he had been convicted or if under zSection 291 of the Constitution, the senate, by two-third majority vote, affirms a request by the president to remove him. (NAN)

  • Onnoghen: APC defends action as NBA, Saraki, Wike, others kick

    Senate President Bukola Saraki, Nigerian Bar Association (NBA), Rivers State Governor Nyesom Wike, Ohanaeze Ndigbo and others yesterday faulted the Federal Government’s plan to arraign Chief Justice of Nigeria (CJN) Walter Onnoghen before the Code of Conduct Tribunal (CCT) today. The All Progressives Congress (APC), however, supported the move. It accused the opposition Peoples Democratic Party (PDP) of being sympathetic to corruption. Onyedi Ojiabor and Chris Oji report.

    NBA: This is desecration of the judiciary

    NBA President Paul Usoro, in a statement, faulted the action against the CJN.

    His statement reads: “Nigerians have witnessed again the targeted assault of the judiciary by agents of the Federal Government of Nigeria (“FGN”) epitomised by today’s media trial of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON (“CJN”). According to media reports which have now been validated by the Statement of the Code of Conduct Tribunal (“CCT”) that was released today an application was “filed by the Code of Conduct Bureau to the CCT Chairman yesterday for the trial to commence against the Chief Justice of Nigeria on six count charges” and that the CCT “will commence the trial on Monday, 14th January 2019”.  The Nigerian Bar Association unequivocally condemns this assault, intimidation and desecration of the Judiciary by FGN agencies and demands that it be stopped immediately.

    “In Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA), the Court of Appeal made it very clear that any misconduct attached to the office and functions of a judicial officer must first be reported to and handled by the National Judicial Council (“NJC”) pursuant to the provisions of our laws. Only after the NJC has pronounced against such judicial officer can the prosecuting agencies of the Federal Government proceed against him.  As the Court pointed out, these requirements of the law are anchored on the overriding principles of separation of powers between the executive, the judiciary and the legislature and on the need to preserve, promote and protect the independence of the judiciary. Our respective liberties and the rule of law are best protected and preserved if the judiciary remains independent and shielded from intimidation and assault by the other arms of the government.

    “In Nganjiwa v FRN (supra), the Court of Appeal made reference to Rule 3 of the Revised Code of Conduct for Judicial Officers of February 2016 (“Code of Conduct for Judicial Officers”)and held that the said Rule 3 “makes provision in relation to fidelity to the Constitution and the Law”.  The provisions in regard to assets declaration as they apply to all public officers including the CJN are contained in both the Constitution and the Code of Conduct Bureau and Tribunal Act 1991, the enabling law that establishes both the Code of Conduct Bureau (“CCB”) and the CCT.  The fidelity which judicial officers therefore owe “to the Constitution and the Law” pursuant to Rule 3 of the Code of Conduct for Judicial Officers encompasses compliance with the provisions relating to assets declarations as contained in the Constitution and the Code of Conduct Bureau and Tribunal Act. Any infraction in that regard by a judicial officer, as the Court of Appeal rightly held, constitutes a misconduct by the judicial officer and becomes the subject matter for discipline by the NJC as a condition precedent to any possible prosecution of the judicial officer by any of the FGN’s prosecuting agencies.

    “Why has FGN decided to embark on this anomalous course of charging the CJN before the CCT without first presenting whatever facts it purportedly has against His Lordship to the NJC for its deliberation and determination?  The Petition that triggered the CCB action was on its face received by the Bureau on 09 January 2019 and the Charge was promptly drafted and is dated the following day, 10 January 2019 – giving the CCB a record 24 hours for completion of its investigation and the drafting of the said Charge and ancillary processes!  If one contemplates the fact that the CCT arraignment is scheduled to take place on 14 January 2019, we have in total a record number of 3 (three) working days between the receipt and processing of the petition, investigation, preparation of Charge and ancillary processes and the arraignment! Such unprecedented speed and efficiency in Nigeria’s criminal justice administration! It is clear, given the rush with which this matter was conducted by the CCB, that the NJC was not privy to it and did not conduct its mandatorily required disciplinary processes prior to the filing of the Charge before the CCT.

    CJ Walter Onnoghen
    CJ Walter Onnoghen

    “We still wonder why the FGN choose to deviate from the laid down and explicit provisions of the law as expounded in Nganjiwa v FRN (supra).  Could it be that it was misadvised?  Or is this a naked show of power and force by agencies of the FGN?  And why embark on the media trial of the CJN?  This, unfortunately, is a predilection of the FGN’s prosecuting agencies with the possible exception of the Federal Ministry of Justice.  As the NBA pointed out in its International Anti-Corruption Day Statement that was issued on 09 December 2018 “media trial of persons charged with corrupt practices . . . amount to corruption itself.  Indeed, those orchestrated media trials degrade and corrupt the justice administration system quite apart from the incalculable (but obviously intended) damage that it does to persons who may ultimately be discharged and acquitted.  In point of fact, it is corrupt practice to use as license or hide under the cover of the fight against corruption to recklessly destroy the names, characters and reputations of persons who have not been found guilty of corrupt practices by competent courts and who may ultimately be pronounced innocent of such charges.”  These media trials must, alongside the on-going desecration and assault of the judiciary, cease forthwith.

    “There are two final issues that we must touch upon in this Statement, albeit, briefly.  First, could it possibly be a coincidence that the current assault on the judiciary is taking place only weeks to the 2019 National Election?  Apart from the conduct itself being wrongful and deplorable, its timing is condemnable.  FGN will find it difficult to convince any reasonable person that its assault against the CJN and by extension the judiciary is not aimed at emasculating that arm of the government and intimidating our Judges ahead of the 2019 National Elections.  In our afore-referenced International Anti-Corruption Day Statement, the NBA had deplored “conducts that qualify as . . . political non-accountability, absence of transparency and impunity in public service.”  The FGN’s conduct in this instance qualifies, amongst others, as “impunity in public service.”

     

    Wike: Nigerians will resist attempt to truncate democracy

     

    Rivers State Governor Nyesom Ezenwo Wike stated that Nigerians would resist any attempt by the APC Federal Government to deliberately truncate the nation’s democracy.

    Speaking during the inter-denominational service to mark this year’s Armed Forces Remembrance Day at the Holy Trinity Anglican Cathedral, Rumuapara Deanery, Port Harcourt yesterday,  Wike said that the illegal actions of the Buhari administration are pointers to the fact that he may not willingly hand over after he suffers defeat in February.

    Wike described the charges against the CJN as concocted.

    He said: “Since 1960 when Nigeria gained independence, for the first time in 2011, a Niger Delta person became the  President.  The entire country ganged up against him . They gave excuses and  denied us a second term.  We did not fight. We did not shed blood. He said his ambition was not worth the blood of any Nigerian and they called him a weak man.

    “Since 1960, no Niger Delta person has been the Chief Justice of Nigeria. When it came to his own time to be appointed the Chief Justice of Nigeria politics came in. They were not willing to appoint him. It was God that created the circumstances.  The President was sick and was flown out. That was how Onoghen became the Chief Justice of Nigeria.

    “Now, because  they believe that the Niger Delta is not part of this country, they have come again with all kinds of stories.  They think they are talking  to small children.  Fabricated stories and said he did not declare his assets in 2011. Step aside for who take over.  We must know whether or not we belong to this country. Enough is enough. I have never seen people who are so desperate to cling to power.”

     

    Ohanaeze kicks

     

    Apex Igbo socio-cultural organization, Ohanaeze Ndigbo, kicked against the move against Justice  Onnoghen.

    A statement issued by the organization through the Media Assistant to the President General, Chief Emeka Attamah reads:”Ohaneze has received, with shock and disappointment, the decision of the Federal government of Nigeria, acting through the Code of Conduct Bureau to prosecute the Chief Justice Of Nigeria.

    “Legal opinion abound that the action is premature and ill conceived following an extant Court Of Appeal decision which interprets the procedure for prosecuting judicial officers. This procedure has not been followed. The fact that the National Judicial Council has been ignored is not just illegal but suggests deliberate court shopping and a predetermined objective.

    “Secondly, the fact that one of the issues being canvassed by the CCB before the CCT is for an order of the CCT for the Chief Justice of Nigeria to step aside from his exalted office pending the conclusion of the trial contrary to the procedure for his removal from office as provided by the Nigerian constitution exposes the aim of the prosecution.

    “A perusal of some of the depositions in the charge sheet also shows a completely distorted conception of the regulations pertaining to the declaration of assets. Assets acquired after assumption of office are declared at the end of a public official’s tenure in order to present a comparison with assets declared on assumption of office.”

     

    Hashim cautions Executive

     

    The presidential candidate of the People’s Trust, Mr. Gbenga Olawepo-Hashim, cautioned the executive arm of government to thread softly in the planned arraignment of the Chief Justice of Nigeria (CJN), Walter Onnoghen, before the Code of Conduct Tribunal (CCT) on allegations of false asset declaration.

    Olawepo-Hashim, in a statement by his Chief Press Secretary, Hassan Ibrahim in Abuja yesterday, said the development constituted a serious threat to constitutional democracy and rule of law.

    He warned that the principle of separation of powers on which democractic order stands should not be destroyed due to power play or because of any other reason.

    He said as one who was a leading partisan in the struggle for the restoration of democracy in Nigeria,  “I owe inviolable the sacred principle of separation of power of  which the independence of the judiciary is a fundamental element.”

    He said “Nigeria’s judiciary is surely not perfect just like many other institutions of state that need urgent reform. But this must not be a licence for executive’s perfidious interference.

    “There are mechanisms for correcting errors done by judicial officers in the Nigerian constitution. What we are seeing now is not the activation of such mechanism but what appears like a political persecution of the judiciary which is dangerous for democracy, national unity and cohesion.

    “Though with her own shortcomings which can be internally cured within the judiciary’s self correcting mechanism, our judiciary remains highly revered with an enviable jurisprudence and history.

    “It has provided help to other countries by posting judges to many African countries such as Botswana, Gambia, Sierra Leone, Zimbabwe and even at the international level.”

    “That enviable record must not be recklessly blighted by the on-going attempt to humiliate judicial officers,” he said.

    The PT’s candidate said this occasion was an opportunity for the the People’s Trust to elucidate on its policy perspective on the Judiciary, stressing that in his party’s manifesto,” there are far-reaching justice sector reform initiatives in our manifesto to reposition the judiciary as a self-correcting institution through the National Judicial Council, to reverse the humiliation and molestation of the judicial sector and stop the erosion of judicial authority and mandates due to executive interference and harassment.

    “Under our Presidency, I will implement and pursue fundamental reforms of the justice administration sector to guarantee the independence of the judiciary from executive interference while strengthening the system to justly and efficiently discharge her constitutional mandate.”

    “We intend to make the judiciary truly the last hope of the common person by stopping police brutality and removing hindrance in the justice administration system”, the presidential hopeful said.

     

    Saraki to Fed Govt: due process should be followed

     

    Senate President Bukola Saraki yesterday urged the Federal Government to ensure that its plan to put on trial the Chief Justice of Nigeria (CJN), Walter Onnoghen does not cause chaos in the judicial system.

    Saraki also advised the Federal Government to ensure that due process is not compromised in the planned trial of the CJN.

    The Senate President, in a statement by his  Special Adviser (Media and Publicity) Yusuph Olaniyonu, noted that he believes that if the government truly has genuine reason to put the incumbent Chief Justice of Nigeria on trial, it should ensure that every step in the process is transparent and the normal process as provided by the law is followed to the letter.

    He said: “A situation where the petition which triggered the trial was submitted to the Code of Conduct Bureau (CCB) on Wednesday January 8 and by January 10 on Friday, the Chief Justice was presented with it for his reply only for the charges to be drafted that same day and filed in the Code of Conduct Tribunal (CCT), all this taking place within three days and commencement of trial fixed for Monday, January 14, already indicate unnecessary haste and short-circuiting of the process of fair hearing.

    “It is important for the government and members of the public to know that as somebody who has travelled this route before, we should refrain from any media trial and political players should avoid abusing the judicial process in order to achieve what they could not get through normal political contests. Everybody who is being tried should be presumed innocent until proven guilty. That is the underlining principle of our justice system.

    “The proposed trial of the CJN has once again opened up the debate on the transparency and neutrality of the fight against corruption. The haste with which this trial is being pursued leaves a lot to be desired.

    “From last Wednesday when the so-called petition against the CJN was initiated to the period the trial is scheduled to commence has been barely three working days whereas there are pending cases where the individuals involved have been indicted some months ago but no prosecution is being considered.”

    “While noting that the anti-corruption fight has become a case of a separate rule for the people close to the executive branch and another set of rules for the rest of Nigerians, the Senate President stated that the fight has been compromised and politicized.

    “All these subjective actions politicise the anti-graft fight. They weaken national institutions. They send wrong signals. The CJN is not above the law but his trial puts the entire judicial system on trial. It sends a signal to the entire world about our judiciary. It has implications for the confidence of local and foreign investors about the system of adjudication over disputes in our country. Thus, the matter should be handled with care, demonstrating intense transparency and strict adherence to due process.

    “This trial, coming just about a month to the commencement of the presidential elections, the aftermath of which the CJN and the judiciary he is leading are set to play crucial adjudicatory role, has already raised suspicion about the real motive. There are already suggestions that this plan is set to disorganise the judicial arm after constant attempts by agents of State to undermine the federal legislature.

    “Therefore, the entire country and the international community will be watching closely every step in this trial because it is definitely unusual, unprecedented and will set a record in the engagement among the three arms of government recognised in our presidential system.

    “This trial definitely has implications for the principle of separation of powers and concept of checks and balances embedded in our presidential system of government,” Saraki said.

     

    PDP sympathetic to corruption, says APC

     

    The All Progressives Congress (APC) yesterday accused the Peoples Democratic Party (PDP) of being sympathetic to corruption.

    The statement by its spokesman Mallam Lanre Issa-Onilu reads: “Following reports of the move to prosecute Justice Walter Onnoghen, Chief Justice of the Federation, over an alleged infraction on the Code of Conduct laws, the swift statement by the Peoples Democratic Party (PDP) condemning the purported move has again exposed the Party as one with a natural inclination to rise up in defence of cases of alleged corruption.

    “Resort to baseless postulations anytime issues of corruption is leveled against public officers only confirm what Nigerians already know. PDP and corruption are siamese twins that are difficult to separate from each other. One would have thought that the PDP will call for impartial investigations when corruption cases are levelled against public officers, but spinning falsehoods and conspiracies remains the opposition party’s favourite past time.

    “The fight against corruption remains a cardinal promise made by the APC to the electorate. We assure the PDP and indeed all Nigerians that the President Muhammadu Buhari-led APC administration remains uncompromising in its determination to rid the country of this malady.

    “As noted on many occasions by President Buhari, it is only those who have committed crimes that need to worry. The APC administration will not hesitate to investigate and prosecute any public officer if and when such is indicted for corruption.

    “Achieving acceptable elections in all democratic climes is a collective effort which require the contributions and support of all well-meaning Nigerians, political parties, institutions and sundry interests.

    “Commendably, in successive elections conducted under the APC administration, the Party has played by the rules, which has led to credible elections. This cannot be said of the PDP era when state institutions were deployed to manipulate the electoral process.

    “The PDP’s baseless conspiracy theory on APC’s participation in the 2019 general elections should hereby be disregarded. We remain solidly committed to ensure that the forthcoming election go on record as one of the freest, most credible and peaceful elections in the country.

  • NBA, lawyers mourn ex-VP

    Tributes have been pouring in for former Nigerian Bar Association (NBA) First Vice President Blessing Ukiri, who died last December 28. Legal Editor JOHN AUSTIN UNACHUKWU reports.

    The Nigerian Bar Association (NBA) and lawyers have mourned the death of the association’s former First Vice-President, Emomena  Blessing Ukiri.

    Ukiri died in a Port Harcourt hospital where he was rushed to for medical attention after he slumped in a courtroom.

    A  statement by NBA National Publicity Secretary Mr Kunle Edun said: “The NBA President, Paul Usoro (SAN), regrets to announce the passing away of our dear colleague,  E. B. Ukiri.

    “E. B. Ukiri was a passionate and consumate bar leader. He was a former 1st, 2nd and 3rd Vice -President of the Nigerian Bar Association. Mr. Ukiri made valuable contributions to the NBA and the legal profession in Nigeria. He was a dogged fighter for any just cause. He would be greatly missed.

    “On behalf of the national officers and members of the Nigerian Bar Association, the President prays that God Almighty will bless the soul of our just departed colleague and give his family the fortitude to bear this very painful loss. Further information regarding funeral preparations will be communicated to members.” . Arthur Obi Okafor (SAN) said: “It is with profound shock that I learnt of the untimely demise of two of our members; Blessing Emonena Ukiri Esq and Lady Nkolika Ifeoma Awa both of the Port Harcourt branch of our noble association, which sad event took place recently.

    “The late E. B. Ukiri as was fondly called in the legal community was a 1st, 2nd and 3rd Vice President of the NBA at various times. He was a consummate bar man; one of personal convictions who believed and held to his convictions tenaciously. He was fearless in his beliefs without making a pretence and always rose in stout defence of every views, he subscribed to.

    “Mrs. Nkoli Awa was another strong member of Nigerian Bar Association and also the International Bar Association. She was a quintessential bar person who no doubt contributed in her own unique ways to the development of law practice in our society.

    “My condolences go to their families, colleagues and associates, the Port Harcourt branch of NBA and the entire legal community in the country. May the Almighty grant our departed colleagues eternal rest.”

    In a tribute, the  Chairman, NBA Abuja branch (the Unity bar)  Mr. Abimbola Kayode said: “The chairman, executives and the entire members of the NBA Abuja Branch  with a heavy heart commiserates with The NBA Port Harcourt branch on the death of her members: Emonena Blessing Ukiri. (1985 call set) Past Secretary of Port Harcourt branch, past 3rd, 2nd and 1st Vice President of the NBA,  Nkoli Obi-Awa (1981 call set) Former NEC Rep and Chatting Magdalene Chuwang  (2013 call set) We pray the Almighty God to grant their souls eternal rest” Kayode stated.

    The Mid-West Bar Forum, in a statement signed by its Chairman, Mr. Chike Onyemenam (SAN), reads: “ On behalf of the executive committee, elders, bar leaders, chairmen and members of the Mid-West Bar Forum, I hereby express my deep shock and sadness on the news of the passing on of our beloved member, Blessing Ukiri,  a consummate Bar Man and dogged fighter/comrade who over the years fought to ensure the observance of the rule of law and respect for the citizen’s fundamental rights in this Country. May God Almighty grant him eternal rest and grant his wife, children, the Members of the Mid-West Bar Forum and Nigerian Bar Association  the fortitude to bear this irreparable loss.”

    In a tribute, the Chairman NBA Warri branch, Mr. Michael A. Asugo, stated: “NBA Warri branch received with shock the news of the death of the former treasurer, 3rd Vice- President, 2nd Vice-President and 1st Vice -President of the NBA, Emonena Blessing Ukiri. He was a passionate bar man, although he lived and practiced law  in Port Harcourt, he was in spirit a member of Warri Branch. At a time he paid his local dues in Warri and in 2014 contributed financially to the success of the Branch Annual Law  Dinner. May God grant him eternal rest in paradise.’’

    NBA Yenagoa branch in a tribute signed by the branch Publicity Secretary, P. J. Fawei, said: “The news of the demise of E. B. Ukiri a former national bar leader was received with shock by the leadership of NBA Yenagoa. The late Ukiri was a dogged fighter, distinguished legal practitioner and one who follows through a course he believes in. He was greatly admired by many from within and outside the Yenagoa Bar. The Yenagoa bar hereby condoles with the family of our late colleague and former bar leader E. B. Ukiri  as well as the Port Harcourt branch of the NBA. May his gentle but dogged soul rest peacefully in the bossom of the lord” Fawei stated

    In a statement, the N.B.A. Benin branch Chairman, Prince Collins Benson Ogiegbaen, stated: “The widespread outpouring of profound condolences nationwide is an indication that Blessing Ukiri was loved by many in life and in death.’’

    The chairman indicated that Ukiri would be missed for his radical and straight forward approach to issues that concern the Bar.

    He prayed God to repose his soul and assured the Family of the deceased of  the prayers and best wishes  of Members of the Branch at this time of grief” Ogiegbaen stated.

    Oleh branch of the NBA,  in a statement by its Chairman, Mr. Sunny O. Adolor said: ”Our brother an elder states man,  a  bar man per excellence was instrumental to the birth of Oleh branch of the NBA. He contributed financially to the growth and development of his home branch. The Isoko nation will continue to miss you,”

    In another tribute, the Publicity Secretary of Jaling branch of the NBA, Mr. Boniface Iorkumbur, said: ”On behalf of the executive officials and the entire members of NBA Jalingo Branch accept our heart felt condolences. May the gentle soul of our late colleague rest in peace.”

    Also, the Publicity Secretary, NBA Port Harcourt branch Mr. R.O.Briggs said: “The Chairman, executives and members of Port Harcourt Branch thank every one and branches who have sent out their condolences to us over the death of our dear colleagues: E. B. Ukiri, Nkoli Obi Awa of 1981 call set and Chattong Chuwang Miss of 2013 call set within the same period. It is a big blow and a great loss to us.We appreciate your concern.”

    The NBA has lost many of its members. They include a former Third Vice-President, Mr. Reuben James, and Mr. Joseph Obafemi Morohundiya.

  • NBA to stop defending kidnap suspects

    The Nigerian Bar Association (NBA) Owo branch, has urged Ondo State and the Federal Governments to declare a state of emergency on kidnapping on roads in Owo and across the country.

    Its Chairman, Mr. Tajudeen Olutope Ahmed, said its members were worried about insecurity in Owo.

    Ahmed, who stated this in a statement made available to The Nation, said the branch had vowed not to defend kidnap suspects.

    He said the news of “armed gangs, gun running and kidnapping are now ubiquitous in every nook and cranny of the ancient city”.

    According to him, all the major roads that lead to Owo “are infested with all forms of criminally minded men”.

    Ahmed said: “We call on the Government of Ondo State and that of the Federal Government to complement the efforts of the police authorities in securing the roads.

    “It is not in contention that security is a key component of the fundamental objectives and Directive Principles of State Policy of Government as enshrined in Section 14 (2) (b) of the 1999 Constitution of Nigeria (as altered).

    “By the provisions of the above quoted section of the constitution, ‘the security and welfare of the people shall be the primary purpose of government’.

    “On our part, we hereby declare that no lawyer from our branch shall henceforth, defend anybody that is accused of kidnapping a fellow citizen. Kidnapping is a heinous crime. It is a horrendous offence in all ramifications. It is a grievous wrong against humanity.

    “It is on this note that we hereby invite the government of Ondo State and that of the Federal Government to declare a state of emergency on kidnapping on Owo roads and that of the entire federation.”

    The lawyer noted further that men of the underworld, regularly masquerade as “pseudo policemen, pseudo soldiers or Fulani herdsmen”, to kidnap people “from all the roads that lead to Owo.”

    He added: “A recent case of kidnapping was the one carried out on Owo–Akure expressway at Amurin Village. The commando-like operation, which led to the abduction of five citizens, including a heavily pregnant woman, was executed by some unknown men at about the closing hours of the day when civil servants were returning to Akure.

    “NBA Owo is worried and disturbed that the police could not give a correct account of the citizens that were kidnapped on the Owo-Akure express way. While eye witnesses said the victims were five, – three Federal Medical Centre Owo  staffers and two Rufus Giwa Polytechnic workers “  the Ondo State Police Public Relations Officer (PPRO) was reported in a newspaper  to have put the number of the kidnapped victims at two individuals.

    “As much as possible, the police are required under the law to investigate crime and prosecute felons. How can the police that is lacking in the needed skill to investigate crime be able to nib crimes in the bud?

    “As lawyers and advocates of justice, rule of law and human rights; we view  the incessant kidnap of citizens in Owo axis as violation of human rights of citizens to freedom of movement, personal liberty and respect for the dignity of human persons as guaranteed by Sections 41, 35 and 34 of the 1999 Constitution of Nigeria (as altered).”

    The NBA chief noted that one of the branch’s members was once abducted and that “the kidnappings ad ifinitum in Owo and her environs”, indicated a total collapse of security in Owo and the triumph of kidnapping and armed gangsters.

    Ahmed said: “As social engineers fighting against all societal problems, we as lawyers cannot keep silent when the security situation of our society is at its lowest ebb.

    “What is more? We now carry out our duties as ministers in the Temple of Justice with apprehension. Travelling from one court to another by lawyers and judges has now become an uphill task.”

    He urged the police to “wake up to the present security challenge in Owo. “This is not the time to slumber. It is not the time to be supine as well. Police must, as a matter of necessity, be at alert to the security situation in Owo and her environs. To this end, we suggest that the idea of mounting police check points, which are nothing but avenues to take bribes from commuters, should be reviewed.

    “Constant police patrol of the roads should be embarked on. In this way police will be able to foil any attempt by the men of underworld from showcasing their dare-devil skills on the roads.”

  • Breaking: Alleged N1.4bn fraud: NBA President docked, gets bail

    .Court rejects request to transfer case to Abuja

     

    The Economic and Financial Crimes Commission (EFCC) has arraigned the President of the Nigerian Bar Association ( NBA ), Mr Paul Usoro (SAN), at the Federal High Court, Lagos, for an alleged N1.4billion fraud.

    Usoro pleaded not guilty to a 10-count charge of fraudulent conversion of N1.4bn said to belong to the Akwa Ibom State Government.

    The NBA President’s arraignment followed Justice Muslim Hassan’s rejection of his application for the case to be transferred to Abuja.

    The case continues on February 5

    Details later…

  • Lalong, NBA seek free, fair general elections

    Plateau State Governor Dr. Simon Bako Lalong and the Nigerian Bar Association ( NBA) Jos Branch have called on lawyers to be at the forefront of deepening democracy and the rule of law in the forthcoming general elections.

    Lalong spoke at opening of the branch’s yearly Law Week with the theme “The role of lawyers in engendering free, fair, credible and acceptable elections in Nigeria” and 21st Justice Azaki Memorial Lectures, which held at the Millenium Conference Centre, Jos.

    The governor praised the topic for the Law week and lecture, saying that it was apt and timely, when viewed against the backdrop of the 2019 general elections.

    Lalong said: ‘’I am, therefore, of the strongest belief that this event will accord the members of the Jos Bar the opportunity to engage with one another in robust discourses bordering on professional stocktaking and review of members’ physical, intellectual, spiritual and social well-being. The robustness of the Jos Bar in the nation’s Judicial Sector has always been credible and well applauded. Indeed, from quality discussions in this kind of forum, solutions have been found to many national issues, and this week’s activities cannot be an exception. Lawyers, as social engineers, are burdened with the task of agenda-setting and giving direction to government for the common public good. And there is no better time than now to prove our mettle in this regard as the nation prepares to go into the general elections. You are, therefore, setting the agenda or framework for a flurry of judicial activities to take root, far beyond this legal year and lawyers yet unborn will reap from what you sow today.

    “Our administration shares the NBA’s earnest desire and commitment to see that the judiciary continues to play its key role in governance as constitutionally stipulated. It is in recognition of the importance of the judiciary that since we assumed office three years ago, and with the cooperation and support of many of you, we invested quantum resources in the judiciary and left no stone unturned towards ensuring that we reposition the judiciary to achieve the desired results. The government is not oblivious of the fact that though the resources invested in the judiciary are enormous, the gains as far as the future of our people is concerned, are uppermost on our minds. Thus, this administration will remain committed and focused on the course of supporting the judiciary, which to us is key to achieving the socio-political and economic development of the new Plateau State of our dreams.’’

    He continued: ‘’To this end, the government recently secured a property in Jos for the NBA to situate its secretariat. Also, work has reached an advanced stage for the completion of the new state High Court Complex. We also cleared the arrears of bursary to Plateau State indigenous law students, which we inherited and efforts are underway to pay another tranche of assistance to the students. These interventions are already beginning to yield the desired results with some of our students getting better results than ever before. Just recently, a female indigenous student bagged a First Class Degree in the Nigerian Law School. In a bid to provide the necessary mechanism for the settlement of investment and commercial disputes in Plateau State, we have signed into law, the Multi-Door Court House Bill 2017, in order to advance the practice of Alternative Dispute Resolution (ADR) in the state. This was a deliberate step taken by us as part of the administration’s effort to create the necessary environment to attract investments and enable businesses thrive on the plateau. Upon the  Multi-Door Court House taking off, it is our vision to make Jos a regional hub for ADR practice and the settlement of investment disputes.’’

    “On the reforms in the sector, Lalong said: ”Our renewed zeal and zest in addressing the needed reforms in the Justice Sector made us to take the bull by the horns in an attempt to deeply entrench the Criminal Justice Administration. Accordingly, I have signed The Domestication of the Administration of Criminal Justice Law 2018 and the Plateau State Penal Code (amended Penal Code of Northern Nigeria, 2018).These new procedural framework guarantees the speedy trial of suspects within the state jurisdiction with stiffer sentences to serve as deterrent if found guilty.”

     

    In his welcome address, the Law Week Planning Committee Chiarman, Chief Garba Pwul (SAN), said: “The branch Law Week this year is unique because it is the first time the heads of all the three arms of government are members of the association. The state Governor, Simon Bako Lalong, is a lawyer; the Speaker of the Plateau State House of Assembly, Rt. Hon Joshua Madaki is a lawyer and the state Chief Judge Justice Yakubu G. Dakwak are proud members of the association. The association is indeed proud of them. With the trio in the privileged positions which God Almighty has put them for us in the state, what can we ask and not receive? Which door can we knock that will not be opened, or what can we seek that we will not find?

    “The theme of the Law Week is tandem with popular demand, not only of the lawyers, but also the public. It is also in consonance with the impeding events of the great significance as we are at the threshold of the general elections of 2019. Not only will the contests at different levels be keen and decisive, they will also constitute a memorable milestone in our democracy. The year 2019 marks two decades of uninterrupted democratic governance in our country – the longest single stretch since independence.

    “Doubtless, the role expected to be played by lawyers at ensuring that the preparations, the processes and the results are transparent and, therefore, credible and acceptable by the generality of Nigerians is by no means a mean one. Be assured that at the end of this great Law Week, we will be more than equipped to take our stance and discharge our professional responsibilities in our clients and the society,” Pwul stated.

    Chairman of NBA Jos branch, Mr. Bon S. Ngyou said: “This year’s Law Week is remarkable in many respects because it comes at a time our nation prepares for the general elections. The choice of the topic was our collective decision. In our collective quest for genuine and true democracy in our country, the foundation,  which is free and fair election is germane. As social engineers, lawyers have a very critical role to play in this venture.’’

    Highlight of the event was the launch of the branch’s Bar Journal, which Ngyou described as a way as the association’s way of boosting continuing legal education among young lawyers.

    The chairman of the occasion, Prof. David Longwap Wonang, urged lawyers to rise up to their calling. He said unless the rule of law takes pre-eminence in the country, there will no meaningful development.

    This session was chaired by Aare Olumuyiwa Akinboro, who was represented at the event by NBA former First Vice-President, Mr. Caleb Dajan; the keynote speech presented by Prof. Pandang Yamsat.

    The event also witnessed a football match between the NBA Jos branch  and  the state branch of the Nigerian Union of Journalists (NUJ). NBA won by two goals.