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Tag: NBA

  • NBA verifies over 49,000 lawyers

    THE  Membership and Bar Services  Directorate of the Nigerian Bar Association (NBA)  has verified 49,000 lawyers across the country.

    The exercise is in a bid to sanitise the legal profession and reduce the incidence of fake lawyers and quackery in the legal profession.

    NBA General Secretary  Aare Isiaka Abiola Olagunju presented a report on the verification at the just concluded National Executive Committee ( NEC) meeting  in Ilorin, Kwara State.

    He said: “ The NBA Database Verification exercise is an ongoing process. Over 49,855 active lawyers  have carried out their verification exercise.

    “You may recall that the NBA in 2011 made it mandatory for all active lawyers in Nigeria to undertake a verification exercise to enable the association update vital details of its members.

    “Right now, we are working on creating a membership platform on verification whereby any lawyer can personally update his or her phone numbers, e-mail address, contact address and branch, if and when any of these has been changed

    “When the unit  receives complaint regarding verification of a lawyer, such application is forwarded to the General Secretary and then acted upon.

    “Lawyers may send request for such services to the secretariat individually, or through their branches, international bar association, organisation, and parastatals, etc.

    “The profession has been  to a large extent, preserved from the marauding effect of imposters and impersonators,  hence the lawyer column (find a lawyer) on the website is a valuable tool for the search of lawyers since only verified lawyers are uploaded.”

  • NBA inaugurates electoral committee

    The president of the Nigerian Bar Association (NBA), Abubakar Mahmoud (SAN), on Monday inaugurated a five-man Electoral Committee ahead of the association’s election this year.

    The committee headed by Prof. Auwalu Yadudu (SAN), includes Mr. Tunde Busari (SAN) (alternate chairman), Mr. Bolaji Agoro (Secretary), Prof. Augustin Agom and Ms Gloria Ohia.

    The inauguration took place at the NBA national secretariat in Abuja.

    The members were approved during the NBA National Executive Committee (NEC) meeting held in Ilorin, Kwara State.

    Prof. Agom replaced Mr. Tobias Kekemeke, whose nomination was rejected by Bar leaders who accused him of supporting a candidate.

    The committee will conduct elections of national officers, screen aspirants, circulate the list of properly nominated candidates to all the branches and the candidates by e- mails, and publish it on NBA website before the elections.

    The committee is to publish a full list of all legal practitioners who are qualified to vote before the date of the elections and hear appeals, among others.

    Yadudu vowed that the committee would discharge its duties in accordance with the NBA constitution and “good conscience.”

     

  • NBA to Fed Govt: address security challenges

    NBA to Fed Govt: address security challenges

    The Nigerian Bar Association (NBA) has urged the Federal Government to find new means of addressing security challenges in the country, asking the government to rise up to its responsibilities.

    Its President, Abubakar Mahmoud (SAN), made the call in an address during the association’s National Executive Committee (NEC) meeting in Ilorin, Kwara State capital.

    He said: “In the last few months we have witnessed the terrible events in Taraba, Benue and several states that have caused loss of hundreds of human lives and property arising from heightened conflict between herders and farmers that has assumed a  dangerous dimension threatening national security.

    “To demonstrate our concern and to bring our knowledge and skills to bear in the search for solution to the herders/farmers conflict, I led the NBA on a fact finding mission to Benue State early in February. In Zamfara State, we witnessed heightened banditry which is inexplicable in any modern state.

    “Only on February 14, the nation was rudely awakened with the massacre of 41 persons in Birane village in Zurmi Local Government Area, representing a significant deterioration of the security situation and incessant killings in that part of the country.”

    The NBA decried the killings, saying more needs to be done to secure the country.

    “NBA condemns these killings very strongly and calls on the Federal Government to do all within its powers to address these security challenges and do more to secure lives and property in all parts of the country.

    “We must not allow the country to creep into anarchy which will be the consequence of massive loss of confidence in the ability of the state to protect its citizens. These killings are unacceptable and must be brought to an end,”Mahmoud said.

    The Association said it acknowledged the progress made in addressing the security situation in the Northeast.

    “It was, therefore, with shock and great sense of disappointment that we heard the tragic news of the abduction of the nearly 105 school girls of Government Girls Science Technical College, Dapchi, Yobe State.

    “This dastardly act of kidnap by terrorists has grave impact not only on national security, but also on girl child education. I am not sure any of us here can easily relate to the security implications of such heinous crime,”he said.

    Mahmoud restated his position in an address at the Valedictory Court session in honour of retired Supreme Court Justice, Clara Bata Ogunbiyi, on February 27.

    He said: “I had this to say: ‘My Lord the Chief Justice, it may not be out of place to seize this opportunity to comment on somewhat tangentially related national event: the abduction a few days ago, according to press reports, of about 105 girls at the Government Girls Secondary and Technical School Dapchi Yobe State, the same region where Hon. Justice Ogunbiyi hails from.

    “It is indeed, a matter of great tragedy that the part of the country that produced such eminent women is now perhaps one of the unsafest parts of the world for female children to attend school.

    “Who knows how many Clara Ogunbiyis are amongst those innocent young girls now in captivity? The least that any country owes to its generation of young children is a safe place to learn.

    “The NBA, therefore, wishes to use this opportunity to condemn very strongly the abduction of these young girls and calls on the Federal Government of Nigeria to use all means within its powers to secure the safe return of these children to their parents and communities.

    “We further call on the Government to as a matter of urgency review the security of all schools, especially boarding schools for girls in the region and if necessary, suspend for the time being, the boarding system until the safety of all such schools can be fully guaranteed.’”

    Mahmoud said the recent events represent perhaps one of the greatest failures of the Nigerian State – its failure to guarantee a safe learning environment to its most vulnerable segment of the population.

    “It is even more tragic against the backdrop of the failure to secure the release of the more 100 Chibok girls still in captivity nearly four years since their abduction. The pain and agony of these parents can only be imagined.

    “I want to, therefore, reiterate my call early on Monday that the Federal and State Governments should as a matter of urgency suspend the boarding system in the affected states of the Northeast region, especially for girls until the safety and security of the children can be guaranteed.

    “We urge the government to do whatever is necessary including seeking appropriate international assistance to secure the release of these girls and reunite them with their families,” Mahmoud said.

    Kwara State Governor Dr. Abdulfatah Ahmed said the meeting came at a time of great national economic challenges, but flourishing prosperity in the  state.

    He said: “While these national challenges have stimulated renewed agitation for an amendment of our constitution, we prefer to focus on the endogenous opportunities available to us.

    “As a result, we have not only achieved economic stability and guaranteed the entitlement of workers,we have also implemented radical revenue reforms that are today funding our rapid development programs.

    “Having brought all inherited projects to fruition, our administration established the innovative Kwara State Infrastructure Development Fund (IF-K) to fund new medium and large scale infrastructure.

    “For instance, we are constructingthe Geri- Alimi Split Diamond Interchange in response to the rapid influx of people.

    “This influx is due to our reputation for harmony, growing infrastructure and unique location as a gateway to the north and south.”

    The govenor said in a bid to reduce road accidents, improve safety and boost the night economy, the state introduced Light-Up Kwara (LUK), a solar street light project, powered through the Solar Farm tunnels across the metropolis.

    “Through LUK, we are also taking the lead in stimulating a green economy in Kwara State as we prepare to extend the scheme across the state, including rural areas.

    “In line with our commitment to expanding access to education, we are currently constructing campuses of the Kwara State University in Osi, Ekiti and Ilesha- Baruba, as well as a Post Graduate School, here in Ilorin.

    “These projects and others too numerous to mention here are funded throughIF-K under which a cumulative N10b has been disbursed so far.

    “The projects cut across the road, education, energy and media sectors in the two years since IF-K’s establishment in 2016. IF-K, and the strides it has made possible, testify to our resourcefulness and determination to thrive despite current challenges in the national economy,” Ahmed said.

     

  • Osinbajo, CJN, Saraki for NBA Criminal Justice conference

    Osinbajo, CJN, Saraki for NBA Criminal Justice conference

    Vice-President Yemi Osinbajo (SAN), Senate President Bukola Saraki and  Chief Justice of Nigeria (CJN) Walter Onnoghen are among dignitaries expected at the fifth NBA Criminal Justice Reform Conference.

    The three-day event, which will hold in Asaba, Delta State from March 21 to 24, is organised by the NBA Criminal Justice Reform Committee chaired by Chief Arthur Obi-Okafor (SAN).

    House of Representatives Speaker Yakubu Dogara, Chief of Army Staff Gen.  Tukur Yusuf Buratai, Independent National Electoral Commission (INEC) Chairman Professor Mahmood Yakubu and Delta State Governor  Ifeanyi Okowa, among others, are expected to speak at the event.

    Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu, Presidential Advisory Committee Against Corruption (PACAC) Executive Secretary Prof Bolaji Owasanoye, and a professor of law Yemi Akinseye-George are among those expected.

    Osinbajo will present the keynote address at the showcase session on the theme: Criminal Justice in Nigeria: the journey so far.

    Former NBA President Mr Joseph Daudu (SAN) will chair the first session on “unlocking the innovations of criminal Justice legislation in the country”.  Chief Judge of the Federal Capital Territory, Justice Ishaq Bello, will be the keynote speaker.

    The second session will focus on “arrest, remand and awaiting trial syndrome in criminal justice: fixing the jigsaw to end prison congestion”. It will be chaired by the Chief Judge of Delta State, Justice M. Umukoro. Former Delta State Deputy Governor Prof Amos Utuama will be the lead speaker.

    Day two of the conference will commence with break out sessions, which will examine different perspectives of criminal justice administration. Panel A, to be facilitated by Prof. Akinseye-George, will examine the Administration of Criminal Justice Act (ACJA) 2015.

    Panel B, to be facilitated by Mr. Charles Ajuyah (SAN), will examine the ACJA and interlocutory proceedings. Panel C, to be facilitated by Mr. Akingbola Hanadeniran, will look at disclosure protocols under the ACJA.

    Former NBA president Dr Olisa Agbakoba (SAN) will chair the fourth session, which will examine the topic: “Corruption: EFCC, Special courts to the rescue”. Lead speakers include Magu and Prof Owasanoye, who was nominated as ICPC chairman, but is yet to be confirmed by the Senate.

    Former United Nations (UN) Rapporteur on Human Trafficking, Prof. Joy Ezeilo, will chair the fifth session on “human trafficking and transnational  crimes: institutional and legal remedies”.

    Discussants will include National Agency for the Prohibition of Trafficking in Persons (NAPTIP) Director-General Julie Okah-Donli and Gen.  Buratai.

    Panelists will include Immigrations Comptroller-General, Mr. Mohammed Babandede, State Security Services (SSS) Director-General, Lawal Musa Daura, National Intelligence Agency (NIA) Director-General Amb. Mohammed Dauda and Chief Anthony Idigbe (SAN).

    Chief Judge of Anambra State, Justice Peter N.C. Umeadi, will chair the sixth session on “prosecution and punishment of electoral offences in Nigeria”.

     

     

     

     

     

     

     

     

     

     

     

     

     

  • Bar leaders set to reform NBA

    Bar leaders set to reform NBA

    Bar leaders have called for an urgent reform of the Nigerian Bar Association (NBA) to enable it to meet modern challenges and improve on service delivery.

    Speaking at a Bar Leaders’ Forum in Abuja, NBA President Abubakar Mahmoud (SAN) said it was imperative to reform the association. He called for lawyers’ support.

    At the meeting were former NBA Presidents, General Secretaries and branch chairmen.

    They reviewed Mahmoud’s reform initiatives and received a report of the Legal Profession Review Committee chaired by Chief Anthony Idigbe (SAN).

    Mallam Yusuf Ali (SAN) gave an interim report of the NBA Constitution review committee. He told lawyers to expect far reaching amendments to the Constitution.

    The leaders urged Ali to incorporate vital decisions of the forum into the expected new NBA Constitution.

    On the need to reform the NBA, a former Nigerian Law School Deputy Director-General Prof. Ernest Ojukwu (SAN) told The Nation: that: “This is the first attempt by the Bar Association to seek an overhaul of the structure of the legal profession in Nigeria.

    “Though this primarily concerns the legal profession, every person in Nigeria has a stake in the future of the legal profession, whether you are a lawyer or not. The economic development of Nigeria squarely rests on the strength or weakness of the legal profession.”

    A report of the NBA/UK legal services mission was presented by NBA General Secretary Aare Isiaka Abiola Olagunju.

    A report on NBA financial management processes by KPMG was also presented, as well as that of International Bar Association (IBA) Presidents Task force on the future of the profession. It was  presented by the Chairman of the NBA Section on Business Law, Mr. Olumide Apata.

     

     

     

  • NBA dismisses Honeywell’s petition against Ogunba

    NBA dismisses Honeywell’s petition against Ogunba

    THE Nigerian Bar Association (SAN) has again cleared Mr Kunle Ogunba, whose Senior Advocate of Nigeria (SAN) rank was withdrawn by the Legal Practitioners Privileges Committee (LPPC) on January 11.

    In a February 20 letter signed by its General Secretary Aare Isiaka Abiola Olagunju, the NBA dismissed Honey-well Group’s petition.

    It said the petition did not disclose any prima facie case of professional misconduct against Ogunba.

    The LPPC, based on a petition by Honeywell Group, had announced the withdrawal of Ogunba’s rank and privileges.

    It said: “The misconduct alleged consists of the institution of multiplicity of proceedings before different judges of the Federal High Court on the same subject with the deliberate aim of abusing the process of court and derailing the course of justice.”

    The  NBA under its former President Augustine Alegeh (SAN) had earlier cleared Ogunba of the allegations.

    In an August 5, 2016 letter signed by its then  General Secretary Mazi Afam Osigwe in response to Honeywell Group’s petition against Ogunba, the NBA said it would not refer him to its Disciplinary Committee.

    “We regret to inform you that a careful reading of the petition failed to disclose any alleged infraction of the Rules of Professional Conduct 2007 in respect of which Mr. Kunle Ogunba (SAN) could be called upon to offer an explanation

    “It is a principle of law that companies are separate legal entities capable of suing and being sued.

    “Placing this principle side by side your allegation of abuse of court process, we are satisfied the cases referred to as well as the court processes attached by your good-selves failed to show the existence of a case involving same parties in respect of same facts and seeking same reliefs,” the NBA said.

    The NBA under the current executive, led by Abubakar Mahmoud (SAN), subsequently referred Honeywell Group’s petition to the Legal Practitioners’ Disciplinary Committee.

    After reviewing the petition, the committee concluded that Honeywell Group’s petition lacked merit and that Ogunba was not guilty of abuse of court process as alleged.

    The NBA’s February 20 letter to Honeywell Group reads: “Re: Petition in Respect of Professional Misconduct by Mr Kunle Ogunba, SAN. Your letter of complaint dated April 7, 2016 against the aforementioned legal practitioner in respect of the above subject matter refers.

    “We write to inform you that the NBA Disciplinary Committee, Abuja, Panel B has concluded the hearing of your petition.

    “It is the decision of the panel that your petition does not disclose a prima facie case of professional misconduct against the respondent.

    “In the light of the decision of the panel, your petition against the respondent is hereby dismissed. We thank you for your cooperation.”

    The NBA earlier listed the suits for which Ogunba was accused of abusing court process.

    They include Anchorage Leisures Ltd & 2 Ors vs Ecobank Nig Ltd (FHC/L/CS/1219/2015); Ecobank Plc vs Honeywell Flour Mills Plc (FHC/L/CP/1569/2015), Mr. Oba Otudeko vs Ecobank Nig Ltd (FHC/L/BK/19/2015), Ecobank Nig Ltd  vs Siloam Global Services Ltd (FHC/L/CP/1572/2015), Econank Nig Ltd vs Anchorage Leisures Ltd (FHC/L/CP/ 1570/2015), Ecobank Nig Ltd vs Honeywell Group Ltd (FHC/L/CP/1571/2015) and Ecobank Nig Ltd vs Honeywell Flour Mills Plc (FHC/L/CP/1689/2015).

    “It is difficult to concede to the allegation that the suits amount to abuse of court process upon which a disciplinary proceeding should commence,” NBA said.

    According to the Association, the suits by Otudeko and Anchorage Leisures seek a declaration that they are no longer indebted to Ecobank and that the bank should be restrained from publishing their names as bad debtors.

    The NBA said it found out that Ecobank’s actions against Honeywell Flour Mills and Honeywell Group were petitions filed consecutively for winding-up proceedings against them, but were later discontinued to correct anomalies in them.

    It added that Ecobank’s suits against Siloam Global Services and Anchorage Leisures involved petitions for winding-up “against the two different companies”.

    The NBA said: “The fact that the companies may have common ownership or directors does not make them the same entity or preclude the presentation of petitions against them if counsel believes grounds exist for doing so.

    “A careful examination of the court processes filed by parties at the various suits indicates differences in either parties or reliefs sought, which defeats your (Honeywell’s) allegation of abuse of court process.

    “The respondent’s (Ogunba’s) actions are in our respectful view in line with the duty of a counsel to do everything which, in the exercise of his discretion, he thinks best for the general interest of his client, which cannot be fettered by subjecting him to disciplinary proceedings.

    “The respondent owed his client a duty to take all lawful steps to directly and or indirectly represent his client and or get the best in the circumstance for his client in reliance on the be st of his professional ability.

    “We are of the informed view that the actions and or decisions taken by the respondent were not only authorised by his instruction, but were made in the course of an attempt at arriving at an amicable settlement in the matter.

    “The respondent’s actions in the course of representing his client are instilled by his duty to get the best for his client and do not impugn the integrity of the legal profession.

    “We are, therefore, of the considered belief that the allegations contained in the petition under reference do not contain facts indicating any infraction of the Rules of Professional Conduct.

    “In the light of the foregoing, we will be unable to further inquire into the matter by forwarding the petition to the Legal Practitioners Disciplinary Committee. The petition is hereby dismissed as it lacks merit,” the NBA said.

    Ogunba had told the LPPC that his client’s decision to file separate actions against the individual companies within Honeywell Group was supported by judicial authorities.

    “The suits have to be separate because winding up petition is ad-hominem to each individual company and can thus not be lumped together by a collective action,” Ogunba told LPPC.

    Honeywell Group’s Chairman Dr Oba Otudeko, in his statement on oath filed in his companies suit against Ecobank before Justice Mohammed Idris of the Federal High Court in Lagos, admitted that his companies owed Ecobank separately.

    He swore: “The plaintiffs (Anchorage Leisures, Siloam Global and Honeywell Flour Mills) were individual customers of the defendant and had personal outstanding exposures to the defendant.

    “In view of the fact that Honeywell Group Ltd is the parent company of the plaintiffs, the plaintiffs under the auspices of the Honeywell Group, led by me, opened up negotiations to settle the then outstanding indebtedness of the plaintiffs to the defendant.”

    Otudeko claimed that his companies paid N3.5 billion out of N5.5 billion to Ecobank as full and final payment after a settlement meeting, and is therefore, praying the court to hold that they are no longer indebted to the bank.

    But the bank claimed that Honeywell Group was still indebted to it as the N3.5billion was allegedly not paid in line with terms of the agreement, which includes that the “bullet” payment must be made before Central Bank of Nigeria (CBN) examiners left the bank.

     

  • NBA urges Jigawa stakeholders to make ACJL work

    NBA urges Jigawa stakeholders to make ACJL work

    The Nigerian Bar Association (NBA) has urged stakeholders in Jigawa State to collaborate in the enforcement of the Administration of Criminal Justice Law.

    Speaking in Dutse, NBA First Vice-President Mr. Caleb Dajan, who represented the NBA President Abubakar Mahmoud (SAN), said the law can only work, if everyone buys into it.

    He spoke at a one-day legislative advocacy workshop organised by the NBA in collaboration with MacArthur Foundation.

    It was on the domestication and implementation of Administration of Criminal Justice Act 2015 in Jigawa.

    The Project Coordinator Muritala Abdul-Rasheed said: “The present criminal justice system in Nigeria is characterised by several challenges, which include long adjournments, congestion, over reliance on technicalities, corruption, collapsing infrastructure, among others, which in turn affects the confidence of the citizenry in the administration of justice.

    “The coming of the ACJA is a long awaited revolution in the criminal justice system as the laws presently in existence do not meet up to the needs of the society. As such,  the law comes in handy for lawyers and non-lawyers alike.

    “The Act which came into force in May 2015 was applicable to the Federal Capital Territory and Federal Courts in respect to offences contained in Federal Legislations.

    “The Act repeals the previous Criminal Procedure Act applicable in the South, the Criminal Procedure Code in the North and the Administration of Justice Commission Act.

    “The ACJA is aimed at promoting the efficient management of the criminal justice system in Nigeria, speedy dispensation of justice and protection of the interests of both the suspect and victim of crime.

    “For these to be achieved, the law needs to be adopted by all states in the federation to ensure uniformity, clarity and better justice administration.”

    Abdul-Rasheed said the uniform adoption of the law in all states has been hindered by the provision of the 1999 Constitution which vests the powers to make laws for states in the Houses of Assembly.

    “It is in view of the foregoing that the NBA is seeking to promote and advocate for the domestication of the law across 28 states in Nigeria.

    “The project has a timeline of three  years and is supported by the John D. and Catherine T. MacArthur Foundation; a body which aims at strengthening the criminal justice system in the country by promoting criminal justice reforms.

    “The NBA intends to use the project to improve adoption of the ACJA, which is presently domesticated in 11 of the 36 states, and ensure that the provisions of the ACJA are uniformly adopted by all states subject to local peculiarities,” he said.

    On the expected outcome of the project, Abdul-Rasheed said it includes domestication of the Act across the federation; drafting, review and validation of model ACJ laws in states that are yet to domesticate the Act; development of courses and training materials on the Act for lawyers and the public through the offices of the NBA Institute of Continuing Legal Education.

    The project activities, he said, include the NBA Administration of Justice Conference which held last November 9 in Abuja; and state-level legislative advocacy and technical support, which is designed to create awareness among major stakeholders in the Criminal Justice system, which is ongoing.

    The project also includes state Legislative Advocacy Sensiti-sation Workshops, to be organised by the NBA for the Executive arm of government on the need to domesticate and implement the ACJA, and the provision of draft models of the law to interested state legislatures.

    State Validation Public Forums for stakeholders will be conducted for states that are yet to begin the enactment of the law.

    Regional (Regulatory Review) Meetings will be conducted after state engagements in the six geopolitical zones to ensure substantial uniformity of the law or draft ACJ legislations.

    On the issue of continuing legal education and capacity for legal practitioners, Abdul-Rasheed said the NBA Project team would develop an e-platform for courses and training materials on the ACJA.

    He informed participants that the Request for Proposal (RFP) for the development of the website has already been advertised.

    The project. he said, would organise trainings through the Institute of Continuing Legal Education on the use of ICLE platform and access to material and courses to further boost capacity of members.

    Jigawa State Attorney-General and Commissioner for Justice Mr. Sani Garun-Gabbas (SAN),  called for effective participation in the programme.

    He thanked the NBA for bringing the workshop to Jigawa, adding that the state was prepared to domesticate the ACJA.

    He said the Bill was before the House of Assembly and  is expected to be passed soon.

    Garun-Gabbas reiterated the fact that the ACJA can only be successful if all parties in the criminal justice sector work together.

    The Chief Judge of Jigawa State, Justice Ubale Ahmed Taura, welcomed participants and wished them all peaceful deliberations.

    Dajan later inaugurated the state committee to monitor the implimentation and development of the law in the state.

    Members include Baffa Alhassan (Chairman), Saidu Safiyanu Umar (Alternate Chairman), Lawal Baba, Deputy Superintendent of Police E. Yakubu,Usman Adamu, Mustapha Kashim,  Fatima Mohammed, and Mairo Datti Birnin-Kudu.

    Dejan urged them to create awareness to members of the public on the aims and objectives of the ACJA.

    The keynote speaker, Prof. A.B Ahmed of the Faulty of Law, Bayero University Kano, gave an overview of the ACJA 2015.

    He pointed out that the justice system can be likened to a large entity with the criminal justice system as the engine.

    He also stated that the Criminal justice can be viewed as a system – dealing with offenders and victims and as a process – angle of arrest, arraignment and sentencing.

    According to him, how a country manages its criminal justice system affects its governance.

    An effective criminal justice system, he added, was one of the key pillars of the concept of the rule of law because it addresses grievances and brings violators to justice.

    Ahmed said justice and development were interwoven, adding that if there is no justice, there would be no order and stability, without which development would be lacking.

    “If criminal justice system is gotten right, the level of injustice will be greatly reduced.  Injustice breeds anger, anarchy and disorder in the society.

    “The ACJA is an efficient instrument for initiating change in the criminal justice system,” Ahmed said.

  • NBA signs pact with England Bar

    NBA signs pact with England Bar

    The Nigerian Bar Association (NBA) has signed a Memorandum of Understanding with the Bar Human Rights Committee of England and Wales (BHRC) on the training of Nigerian lawyers.

    The BHRC was founded in 1991 by the former Chairman of the Bar Council of England and Wales, Anthony Scrivener (QC).

    It challenges human rights violations around the world, pursuing accountability and remedies for victims through formal statements and letters of concern, in-depth reports, legal interventions such as through Amicus Curiae briefs, and with diplomacy through mediation.

    Through the partnership, Nigerian lawyers will be trained to handle pro bono cases and deliver quality legal services to internally displaced persons (IDPs) in the Northeast.

    NBA president Abubakar Mahmoud (SAN) and BHRC chair Kirsty Brimelow (QC) signed the MOU on behalf of those they represent.

    It was signed at the beginning of five-day training on: Legal Rights and Protection of IDPs in North-Eastern Nigeria, held at the International Training Institute, Maitama, Abuja.

    It was a pilot programme organised by the NBA and BHRC with support from the UK Aid and Rule of Law Expertise (ROLE) UK (both agencies of the United Kingdom Government) and the Dangote Foundation.

    It focuses on development of the capacity of Nigerian lawyers in Human Rights Law in their representation of IDPs, particularly in the Northeast.

    The programme aims to equip its participants with knowledge and resources to provide pro-bono legal services in the areas of access to justice, unlawful detention and legal representation for vulnerable citizens.

    It included a training of trainers’ workshop for selected participants who would provide ‘step-down’ trainings to lawyers across the NBA branches in Northeast.

    The MOU’s aim is to enhance the skills of Nigerian lawyers in the practical application of human rights law in the domestic, regional and international context, through training and capacity development.

  • NBA inaugurates criminal justice administration committee

    NBA inaugurates criminal justice administration committee

    The Nigerian Bar Association (NBA) has inaugurated a committee to oversee the implementation of the Administration of Criminal Justice Law in Bauchi State.

    The committee was inaugurated during a one-day Legislative Advocacy and sensitisation workshop on the domestication and implementation of the Administration of Criminal Justice Act (ACJA) 2015 in the state.

    Members are Muhammad Maidoki, Haruna Mohammed, Mohammed Garba, Abubakar Shuaibu, Yusuf Gital, Maimuna Yusuf, Fadimatu Muhammad, Danlami Hassan, Adamu Gumba.

    The Committee was inaugurated by NBA First Vice-President Mr. Caleb Dajan, who represented the President Abubakar Balarabe Mahmoud (SAN). He urged members do their best to actualise ACJA’s objectives.

    Coordinator of the NBA MacArthur foundation project, Mr. Abdul-Rasheed Muritala, said: “The purpose of this Act is to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspect, the defendant and the victim.

    “We know from experience that the Nigerian Criminal Justice system is predicated on complex matrix of several institutions structured along Nigeria’s expansive and equally dysfunctional federal system.

    “This stated objective of the Administration of Criminal Justice Act is therefore, unattainable unless all levels of Nigeria’s Federal system are aligned and work collaboratively to achieve the purpose of the Act.

    “The Act states clearly in Section 2 that ‘the provisions of this Act shall apply to criminal trials for the offences established by an Act of the National Assembly and other offences punishable in the Federal Capital Territory, Abuja.’

    “It was to promote the purpose of this Act, to achieve a reformed criminal justice administration that the NBA leadership prioritised the advocacy not just for the adoption and domestication of the ACJA across the country, but also to enhance the capacity of agencies and personnel involved in its implementation.

    “We also hope to create appropriate platforms to review, share experiences and identify the difficulties encountered in the implementation of the Act so far, and articulate improvements,” he said.

    The three-year project is supported by the John D. and Catherine T. MacArthur Foundation, which aims to strengthen the Nigerian criminal justice system and promote wide-spread criminal justice reform across Nigeria.

    “The NBA seeks to use this project to improve the state-level adoption rates of the ACJA, 2015, which is a federal legislation currently domesticated in about 11 out of 36 States and the Federal Capital Territory (FCT) of Nigeria.

    “It also seeks to ensure that the innovations introduced in the ACJA are uniformly and independently adopted by all states of the Federation subject to local peculiarities with the following objectives,” Murtala said.

  • ‘Honeywell sent petition against Ogunba to LPPC, NBA same day’

    ‘Honeywell sent petition against Ogunba to LPPC, NBA same day’

    The petition on the basis of which the Legal Practitioners Privileges Committee (LPPC) withdrew the rank of Senior Advocate of Nigeria (SAN) from Mr Kunle Ogunba was also sent to the Nigerian Bar Association (NBA) the same day, it was learnt.

    Honeywell Group sent the petition to LPPC chairman and NBA President on April 7, 2016, but did not indicate on the body of the petition to LPPC that it sent a copy to the NBA. It also did not indicate on the petition to NBA that a copy was sent to the LPPC.

    Ogunba had drawn LPPC’s attention to the fact that Honeywell sent the same petition to the NBA “word for word”. Investigations by our correspondent reveals that in his response to LPPC, Ogunba had said: “It is my fervent belief that it is against the constitutionally established rule against ‘double jeopardy’ for me to be subjected, for the second time, to respond to the same petition though differently addressed.”

    He noted that the petition was signed by an “authorised signatory” that was not named, even as the letter-headed paper had no list of a board of directors. Ogunba argued that the petition amounted to an originating process, and was “grossly defective” for not being properly endorsed as required by law.

    He told the LPPC that the petition was sub-judice as most of the cases complained about were on appeal, including at the Supreme Court. Besides, he said Honeywell’s suit before Justice Mohammed Idris of the Federal High Court, Lagos, was “a bid to perpetually tie the hands” of his client, Ecobank Nigeria Ltd.

    He told the LPPC that his client’s decision to file several actions against individual companies within Honeywell Group was supported by judicial authorities, adding that the suits did not have the same parties and therefore did not amount to an abuse as alleged.

    “The suits have to be separate because winding up petition is ad-hominem to each individual company and can thus not be lumped together by a collective action,” Ogunba told LPPC.

    Ogunba also told the LPPC that considering the fact that the Constitution allows litigants to approach the court to ventilate their grievances, what constitutes an abuse is “infinite”.

    He drew the LPPC’s attention to the case by Asset Management Corporation of Nigeria (AMCON) against Capital Oil and Gas Industries, which Justice Idris dismissed because of other pending suits on the same matter, numbered FHC/ABJ/CS/514/15, FHC/ABJ/CS/430/2015, FHC/ABJ/CS/514/2015 and FHC/ABJ/CS/1529/2015.

    Justice Idris held that the suit was “aimed at substantially over-reaching and pre-empting” the other pending suits, adding that “it was not in the interest of justice” for the petition before him “to stand.”

    Ogunba told the LPPC: “The counsel to the petitioner in the petition that was struck out is our esteemed A.B. Mahmoud SAN, with A. Sadauki and I. Abdullahi.

    “Should we, therefore, set a template that every lawyer found in this unsavoury scenario should be sanctioned?”

    Honeywell had alleged that Ecobank through Ogunba embarked “on a forum shopping spree and instituted six bankruptcy proceedings before three judges of the same court”.

    However, the NBA in its August 5, 2016 response to Honeywell’s petition, said it would not refer Ogunba to its Disciplinary Committee.

    Dismissing the petition, NBA said: “We are satisfied the cases referred to as well as the court processes attached by your good selves failed to show the existence of a case involving same parties in respect of same facts and seeking same reliefs.

    “A careful examination of the court processes filed by parties at the various suits indicates differences in either parties or reliefs sought, which defeats your (Honeywell’s) allegation of abuse of court process.”