Tag: NBA

  • ‘NBA should champion cause of young lawyers’

    ‘NBA should champion cause of young lawyers’

    Mr Edward Ogugua Ibegbu was called to Bar in 2008. A Chartered Arbitrator and a Notary Public, he was Assistant Secretary of Nigerian Bar Association (NBA), Onitsha Branch, from 2014 to 2016. He is the Managing Solicitor at Ibegbu & Ibegbu (Legal Practitioners and Chartered Arbitrators). The son of a Senior Advocate of Nigeria (SAN) and grandson of a retired Chief Magistrate, he tells JOSEPH JIBUEZE about their influences and what he would change about the legal profession if he has the powers.

    He wanted to be a soldier. He admired their life of discipline. But, Edward Ibegbu’s mother will have none of it. She stopped her son from enrolling in the army. Today, Ibegbu is a lawyer, and he has no regrets.

    “I would have loved to become a doctor and a soldier but the passion for law was strong in me. If not for my mother, I would have become a soldier because I love their disciple and dedication to serve,” he said.

    Ibegbu studied law at the Enugu State University of Science and Technology (ESUT). He is now a partner at the firm of Ibegbu & Ibegbu and does not regret choosing law.

    “I never regretted studying law. I’ve always been proud to be a lawyer, Notary Public, and Chartered Arbitrator. It is a passion I have; it is a call to a higher purpose.

    “It is a life of sacrifice and dedication which entails a lot of industry and discipline which I proudly carry out,” he said.

    Ibegbu’s mentors are his grandfather, a former Chief Magistrate, the late Edward Nduba-Ibegbu, his father Nnamdi Ibegbu (SAN) and Mr Onyechi Ikpeazu (SAN).

    His grandfather’s story of resilience, hard work and industry made him believe that every determined person can succeed.

    “He was a teacher, then a principal who later in the late 40s to early 50s went to the U.K to study law, came back to Nigeria and dedicated himself to the legal profession,” he said.

    On why he admires his father and Ikpeazu, he said: “Their hard work and passion for the legal profession instilled greatness in me and made me what I am today. I watched with awe as they sacrificed so much with grace and humility for the development of the Law.”

    Family influences

    Ibegbu’s younger brother is also lawyer, but they were not forced to read law.

    “My parents gave us the freedom to decide what we want to study. They did not believe in forcing one to do what he or she does not love. I chose to become a lawyer.

    “I watched my father as a child with his legal attire and I really wanted to be like him. Growing up, I saw myself falling in love with the noble profession. Having come from a linage of lawyers, it came naturally to me.

    “This profession is one of integrity, honour, discipline, industry and hard work. I watch my father proudly uphold his duty to his clients and to his profession. He also taught me to do same and it greatly influence me.

    “I have always wanted to be a lawyer. Growing up and seeing my father dressed up for court and seeing him work and study in his firm was a driving force that pushed me to study law,” he said.

    Ibegbu said he does not view the profession strictly from a pecuniary perspective.

    “My father once told me while I was in secondary school that if my intention to study law was to make money, then I better try another profession.

    “My philosophy is to try to maintain an open mind, a curious mind and a willingness to listen and appreciate the perspectives of others. A career in law can be immensely satisfying.

    “A legal education provides an understanding of how the world works, of the machinery that guides our dealings with each other and with the state.

    “Each lawyer can and should explore the areas that he or she finds most interesting, whether dealing with the disadvantaged or working on large complex matters involving large teams of lawyers working together to serve their clients.

    “Because of the breadth of the things lawyers do, it provides an opportunity, when combined with hard work and some luck, to build a career that is molded to fit that individual’s talents, interests and temperament,” he said.

    Memorable experiences

    Ibegbu appeared in court for the first time with his father at the Supreme Court as respondent’s counsel. The appellants’ case was struck out with cost. His father introduced him as a new wig. He felt privileged to appear before the Justice, who graciously advised him to work hard and emulate his father.

    Since then, he has handled and won hundreds of cases on his own, but which did he find most challenging?

    “It was a land case I did at the High Court, Ogidi. The case got up to address stages twice only for the judges to either be transferred or retired. The case ended up starting de novo (afresh).

    “It was a very technical case and I lost some important witnesses to death due to the long delay. I had to rely on Certified True Copies of earlier testimonies before the former courts to prove my case.

    “This is one of the hassles of legal practice in which sometimes cases are not adjudicated on expeditiously, sometimes making the common man lose hope,” he said.

    One of Ibegbu’s most memorable cases was getting judgment for his clients in communal land dispute. The land was forcefully taken from the community and given to a private school.

    “My clients got back their land in the end. It was soul filling, knowing they had nothing but believed in justice and equity, which they got,” he said.

    According to him, it was among the reasons he studied law – to help the common man, be a voice to the voiceless and fight for social justice and a better world.

    In 10 years, Ibegbu sees himself as a leading, innovative legal mind, affecting lives and situations in Nigeria, Africa and the world positively.

    “We are created to help make the world a better place. That is our call and we will sacrifice to make it a reality,” he said.

    Challenges

    If Ibegbu had the power, he would like to tackle the problem of prolonged litigation.

    “A lot of matters go to court and spend unnecessary deal of time due to congestion. There are not enough judges and magistrates to handle the volumes of cases in the courts,” he said.

    What does he think is the way out? “More specialised courts and tribunals are needed to help in speedy dispensation of justice. At times, some issues which require speedy attention do not get the urgency they require,” he said.

    Ibegbu also wants the loss of man hours should be reduced. He said: “What I would like to change in the judiciary is the issue of travelling a long way to court only to be told that the judge would not sit.

    “The world has evolved to a digital age where the courts can effectively communicate with lawyers in advance if they would not sit, by either sending an email or text message.

    “I think this issue has to be addressed because it renders lawyers unproductive. The time wasted travelling, sometimes from far distance only to find out the court won’t sit can be saved and the lawyer can be productive with his time,” he said.

    Ibegbu spared a thought for younger lawyers, who he said battle with inadequate remuneration.

    “They work hard for their bosses only to go home with a pitiable allowance. Despite the size of some big firms, little attention is paid to empowerment, health and remuneration of these juniors.

    “I wish the Nigerian Bar Association (NBA) would champion this cause and set up a system for law firms on the area of working condition and welfare of the junior lawyers. I commend the NBA leadership for what they have done so far.”

  • NBA flays govt over Benue killings by herdsmen

    NBA flays govt over Benue killings by herdsmen

    The Nigerian Bar Association (NBA) has condemned what it called unwarranted killing of innocent and unarmed Nigerians by suspected herdsmen, saying they were preventable.

    It decried the inability of both the federal and state governments to curb the incessant killings across the country.

    NBA, in a statement by its General Secretary Aare Isiaka Abiola Olagunju reads in part: “The NBA notes with greatest displeasure and serious concerns recent unwarranted killings and carnage in various states of the federation, most especially in Benue, Taraba and Nasarawa states as result of herdsmen invasion

    “The NBA offers its deepest condolences to the governments of Benue, Taraba and Nasarawa states as well as families of those who lost their relations as a result of these unfortunate and preventable incidents.

    “The NBA under the leadership A. B. Mahmoud (SAN) pledges its support for policies, programmes and legislations that would produce permanent solutions to the incessant Herdsmen invasions  across the country.”

    The association urged the Federal Government to activate all constitutional measures to urgently douse mounting tension in affected areas.

    “The NBA also calls on all parties in the crisis to desist from further use of negative languages that might escalate the already tensed situation in the country.

    “No nation under the rule of law would stand by and allow mindless criminalities and wanton destruction of lives and property to go on unchecked as this would be an open invitation to anarchy.

    “The president of the NBA shall within the shortest possible time lead a high powered delegation of the NBA on a fact finding mission to Benue, Taraba and other states affected by similar crisis in order to further parley with the affected communities in finding a common solution to the invasion and or clashes and prevent future occurrences.

    “The NBA urges the media to show restraint in their reportage of the clashes in order to prevent further escalation to other areas,” the association added.

    In a related development, NBA Ikeja branch also berated the Federal Government for “its shoddy handling of the killings”.

    Addressing a press conference in Lagos, the branch Chairman, Mr Adesina Ogunlana, accused the government of promoting anarchy in the state, saying the government has the responsibility of ensuring adequate security for the people.

    Ogunlana said: “The government by its deliberate reaction and silence is promoting anarchy and as such, a self- disturbing agent of itself and the country. The incompetence of government in this matter is deliberate in our view because the capacity is there to deal much better with the situation.”

    He  warned that if the situation persisted, it could constitute enough ground for impeachment.

    Ogunlana said: “Many Nigerians are persuaded that the Buhari government is aiding some groups of people who are kinsmen of President Buhari to take over the lands and properties of other Nigerians by war of conquest and decimation.

    “If the government continues in encouraging, condoning the Fulani herdsmen, there will be massive self-help retaliation against their rapine as the people of Benue, Taraba and other would not forever fold their arms and continue to as candidates for genocide”, he warned.

    Ogunlana said the rise in killings in the North, particularly around the Middle Belt, Southsouth and Southwest, had become of concern to the NBA for many reasons.

    He said more worrisome to the NBA  branch was the  emergence of “a community of armed, murderous killers and ravagers nomenclature “Fulani herdsmen” and the heightening of their activities shortly after the coming into power of the Muhammadu Buhari administration”.

    He said they were also concerned over the wide-scale Fulani herdsmen massacre of people who are agrarians and whose farms, homes and lives have been destroyed gruesomely among other reasons.

    He maintained that the Ikeja bar is unhappy and unsatisfied with the government over its handling of the Fulani herdsmen killing of the Benue people.

    Ogunlana said the recent fuel scarcity experienced in the country had rubbished all the grand claims of the government made in 2016 that it had found a lasting solution to the problem of supply of petrol.

    He said Nigerians were tired of the blame game between the government and independent marketers on fuel supply to the people.

    Pointing out that petrol is crucial to the happiness, comfort, progress and service of the people, Ogunlana advised the government to take proactive measures to prevent a reoccurrence of scarcity of the product in future.

  • ‘NBA cleared SAN before rank was withdrawn by LPPC’

    ‘NBA cleared SAN before rank was withdrawn by LPPC’

    The Nigerian Bar Association cleared a Senior Advocate of Nigeria (SAN) Mr Kunle Ogunba of the misconduct allegations made against him by Honeywell Group before the Legal Practitioners Privileges Committee (LPPC) withdrew his rank, it was learnt.

    The LPPC, in a statement last Thursday signed by its Secretary and Registrar of the Supreme Court, Hadizatu Mustapha, announced the withdrawal of Ogunba’s rank and privileges based on a petition by Honeywell Group.

    LPPC 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.

    “After a thorough investigation of the petition by the sub-committee set up by the LPPC (at which the respondent was given a fair hearing), it was decided that the petition is meritorious.

    “Consequently, the LPPC at its 129th plenary meeting have withdrawn the rank of Senior Advocate of Nigeria from Kunle Ogunba Esq and other privileges attached to the rank forthwith.”

    The LPPC also announced that a lawyer, Oluwatoyin Bashorun, has been barred from applying for the rank for three years for allegedly staying in a rented apartment “for nine years without paying rent”.

    But, the NBA, in its August 5, 2016 response to Honeywell Group’s petition against Ogunba, signed by its then General Secretary Mazi Afam Osigwe, 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,” NBA said.

    The associations listed the suits as 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.

    NBA said it found 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 the Ecobank’s suits against Siloam Global Services and Anchorage Leisures involve petitions for winding-up “against the two different companies”.

    NBA said: “The fact 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.”

    NBA said a Court of Appeal judgment which Honeywell attached to the petition “did not make any pronouncement against the Respondent (Ogunba) on the issue of abuse of court process”.

    According to the association, the appellate court did not indict Ogunba, therefore, the judgment would “not be used as a basis for coming to the conclusion that grounds exist for commencing disciplinary hearing against the respondent”.

    “The respondent’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 best 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,” NBA said.

  • NBA decries alleged extortion of motorists by soldiers in Ebonyi

    NBA decries alleged extortion of motorists by soldiers in Ebonyi

    The Nigerian Bar Association ( NBA ), Abakaliki branch, has condemned alleged incessant extortion of motorists by soldiers along major roads in Ebonyi.

    The Chairman of the association, Mr Victor Anyanwu,  made the condemnation in an interview in Abakaliki on Thursday.

    Anyanwu said the anomaly was extensively discussed and condemned by the association at the end of its meeting in the state.

    He alleged that soldiers while perpetrating the act, caused traffic congestion along the roads which inconvenienced motorists and put them at risk.

    “They do not care who is watching them and this act which hitherto, was associated with a particular security outfit, has become an eyesore.

    Read also: Buratai orders investigation into alleged extortion by soldiers

    “We call on relevant army authorities in the country to check this shameful practice for the preservation of its integrity,” he said.

    He said the act was mostly being perpetrated along the Abakaliki—Enugu and Afikpo—Okigwe federal highways.

    “We are, however, making concerted efforts to consult the army authorities on the issue to ensure that it is permanently curbed,” the chairman said.

    Col. Sagir Musa, Deputy Director, Public Relations at the 82 Division of the Nigerian Army, Enugu, however told NAN that the army did not condone acts such as extortion.

    “We do not encourage indiscipline or any form of professional misconduct as any soldier seen extorting money from motorists on the road should be reported.

    “Appropriate sanctions will be applied because such act is against our Code of Conduct and won’t be tolerated when established,” Musa said.

    He noted that the army had embarked on routine patrols and supervision to ensure adequate compliance with the rules of engagement and Code of Conduct.

    NAN

  • NBA partners foundation  on ACJA

    The Nigerian Bar Association (NBA) has partnered  MacArthur Foundation to enhance the  domestication and  enforcement  of the Administration  of Criminal Justice  Act ( ACJA) 2015, by  the 36 States of the Federation including  the federal capital, Abuja.

    NBA President, Abubakar Balarebe Mahmoud (SAN) disclosed this at a conference on administration of Administration of Criminal Justice Act (ACJA)  organized by the association and supported by MacArthur Foundation at Transcorp Hilton Hotel, Abuja, with the theme: “ Promoting the domestication and implementation of the administration of  criminal Justice legislation across Nigeria”

    Mahmoud, in an opening address argued that the domestication of the Act by the states of the federation will serve as  a major attempt to revamp criminal trials because  It introduced several innovative measures to achieve speedy trials as well as shift focus from punitive justice to restorative justice.

    He said the Act also sought to achieve greater balance between the interest of the victims of crime, the society and the defendant and promote more effective collaboration between the various institutions of the criminal justice system.

    “The dysfunctionality of the Nigerian Justice System and in particular, the criminal justice administration is well known to all of us operating in the Justice Sector. Perhaps it is even better known by ordinary citizens who remain at the receiving end of this system. It has long been recognized that unless something was done urgently, the crises in the justice sector could undermine rule of law in the country with grave consequences.

    “To some extent this is already happening, luckily the problem has been receiving concerted attention even if not in sufficiently coherent manner, but clearly, we are making some progress. l

    He said several initiatives have been rolled out to ensure the effective implementation of the policy including the recent constitution by  the Chief Justice of the Federation, Justice Walter Onnoghen ( CJN) of a committee to monitor trials of corruption and financial crime cases across the country under the chairmanship of Justice Suleiman Galadima JSC (rtd).

    “With respect to Criminal Justice Sector, he said  one of the most important initiatives was the enactment of the Administration of Criminal Justice Act on May 13, 2015 by the administration of former President Goodluck Jonathan. This legislation represents a major attempt to revamp criminal trials. It introduced several innovative measures to achieve speedy trials as well as shift focus from punitive justice to restorative justice. The Act also sought to achieve greater balance between the interest of the victims of crime, the society and the defendant and promote more effective collaboration between the various institutions of the criminal justice system.

    In her good will massage, Amina Salihu of MacArthur Foundation thanked the NBA for the partnership with the foundation.

    She stated that they at the MacArthur foundation  progress is possible on some of the world’s  most pressing social challenges including over- incarceration, global climate change nuclear risk, and increasingly financial capital for the social sector.

    In his good will massage, chairman of the NBA Criminal Justice Reform Committee, chief Arthur Obi -Okafor (SAN) congratulated the NBA president, for  the successful commencement of the project.

    He said the support the NBA received from MacArthur Foundation for the  conference is  part of a three year project for the domestication and implementation of the ACJA in 28 States of Nigeria.

    Obi-Okafor said: “Over the years, the NBA has always been in the vanguard of the advocacy for the reform of the criminal justice system in Nigeria. When the first Administration of Criminal Justice Bill was put together in 2005, the NBA was involved in the process. When the Panel on the Implementation of the Justice Reform was established by the then Attorney General of the Federation and Minister of Justice, the NBA was represented on the Sub-Group of the Panel on Criminal Justice Reform. To articulate the reform measures needed for an effective and efficient criminal justice system, the NBA has held series of Criminal Justice Reform Conferences.

    “The recommendations from these Conferences formed part of the draft of the ACJA Bill that was presented to the National Assembly.

     

  • NBA should advocate better funding of Judiciary

    NBA should advocate better funding of Judiciary

    Mrs. F.  Boma Ayomide Alabi is  a  former Commonwealth Lawyers Association (CLA) President. Recently, her law firm, Sterling Partnership Solicitors, merged with others  to form a mega law firm. In this interview with Legal Editor John Austin Unachukwu, Mrs Alabi shares her views on the challenges of law practice, the fight against corruption, globalisation of legal services and sundry issues.

    What is your appraisal of the anti corruption war?

    All said and done, it is laudable and must be supported. However, as the saying goes, ‘no pain, no gain.’ The Federal Government must be ready to do the work to achieve the result.

    What do you mean by this?

    That means painstaking investigations, equipping and training their personnel in the anti graft agencies and raising awareness amongst the citizens to ensure their buy-in and active co-operation.  Attempting to take a short cut such as the recent ‘Ex Parte’ order forfeiting funds belonging to depositors without BVN, is an example of a shortcut that will lead to an arid desert, which can never be fruitful. How do you appropriate monies belonging to citizens because they have not complied with a CBN directive? It simply beggars belief! I am an administrator in an Estate that has not been settled over 20 later. So, if there are bank accounts belonging to the deceased, the beneficiaries will lose their entitlement because they could not wake up the dead to be finger printed? What about Nigerians in the Diaspora with bank accounts in Nigeria? Many are not in touch with Nigeria and unaware of these directives. There are so many different scenarios that can result in the lack of a BVN on an account through no fault of the bank or the depositor.

    How  can anti-graft war be strengthened to  reduce loss of high profile cases?

    The outcome shows that the EFCC may have rushed to Court without taking their  time to investigate and prepare for the cases. Strategic preparation is the key to victory in any litigation, including prosecution for financial crimes. For instance, the EFCC generally will  charge the accused with numerous counts of various offences at the same time. As you well know, the onus is on them to prove each and every count,  but  I would approach it differently.

     How would you approach it?

    I would take just one or two counts that I am certain I can prove to the very high standard required in criminal prosecution, that is, “beyond reasonable doubt’ and ensure that I adduce sufficient evidence to achieve a conviction on one or the other or both. The more cases the EFCC lose, the more the tendency to impunity so they really have to make more of an effort to ensure a higher success rate as a deterrent.

    Should EFCC  focus be limited to financial crimes?

    Corrupt politicians are also more often than not, accused of financial crimes and, therefore, come under the purview of the EFCC, when, as it invariably does, the alleged act of corruption involves money. I don’t think the issue is who prosecutes, rather it is how well they prepare their cases  before rushing to court.

    Presumably, legal opinions are sought prior to the decision to prosecute. That’s usually the case with prosecutions initiated by the Attorney General’s office, at least, at state level where I assist with prosecution. If that is the case, a lawyer from the Ministry of Justice (MoJ) usually provides his legal opinion. Naturally, the MoJ lawyer is often not a subject matter expert and, therefore, not fully conversant with all the factual elements required to succeed. It is important that in complex financial transactions, they enlist the help of subject matter experts before  hand. You can be assured that the defence, usually much better funded, will have subject matter experts working with the lawyers as consultants and providing expert opinion where necessary. Funding is key to success. The EFCC has to be better funded to enable the agency pay counsel.

    You recently promoted a mega law firm, Primera Africa Legal (PAL) . Can you give us insight into what informed the formation of the mega law firm?.

    I would not describe us as a mega law firm when our global competitors  have lawyers and partners in their thousands. There are law firms with income in the billions of dollars, and we are tiny compared to them and yet, we have to compete with them. The formation of PAL is driven by the need to serve our clients better on a truly national scale from the North to the South and everywhere in between.

    What do you consider to be the greatest challenges facing commercial law practitioners in the country?

    The greatest challenge is the economy. We are not insulated from the effects of the recession as commercial lawyers. When business slows down due to the various factors that we know led to this recession, it impacts on the number of transactions and, therefore, on the transaction advisers too.

    What is the global perspectives in the current operations of the law firm?

    We are part of an ever smaller and interconnected world. Our competitors, law firms from other jurisdictions, who are already playing in our space whether we like to accept it or not, are generally far better resourced than we are. This is because they have modernised their rules to allow none lawyers invest in law firms and some law firms are even  quoted on the stock exchange.

    In Mexico for instance, they allow none Mexican law firms to invest in their local law firms although these investors are not permitted to practice in their jurisdiction. It is something we have to consider in this jurisdiction if we want to hold our ground against the foreign law firms.  

    How do we strengthen the whistle blowing policy to make it more efficient and effective?

    A robust whistle blower protection scheme in addition to the cash incentive will increase confidence in the system. And that’s what we  need! The British police get some of the best results in the world and that is due to the confidence the citizens have in their local Bobby. They know that he will not reveal his sources and if need be, will go to any length to protect the whistle blower. That confidence means that people are eager to assist the police if they are aware of any criminal activity. This is where we need to be, where Nigerians feel confident enough to approach the police to report any criminal activity around them, not just corruption in high places.

     What is your view about agitations?

    Indeed, it is most worrisome. Words can be extremely hurtful and we need to be mindful of what we say about each other if we truly want to continue to live together as one nation. The politicians have led the country in this direction with their incendiary remarks every time we have an incident of inter tribal violence. Sadly, it has become so ingrained that it is now almost our default mode to make derogatory statements about our fellow Nigerians because of their tribe, religion or gender.

    We have to start reversing this trend and in this case, I would urge us to actually believe that; “Change begins with me”. Think about the words we use and the origin before we use them. For instance, why are we still referring to grown up men and women as ‘house boys’ and ‘house girls’? Domestic workers are productive members of our society as deserving of our respect as lawyers or any other profession. There is dignity in labour and we must bear this in mind always. Ask yourself, honestly, do I judge competence and even  character by this primitive yardstick called tribe? How do we employ in our businesses? At PAL, we employ on merit and every tribe is represented in our offices in Abuja and Lagos. This shows that there are capable Nigerians in every part of the country and from every tribe of the nation.   

    How do you think we can restructure Nigeria within the ambit of the law?

    Well, what is it that we wish to restructure in the first place and what do we mean by restructuring? This is a new buzz word for politicians and I really think we should examine this very critically before jumping on the band wagon. The three tiers of government have a lot of independence from each other, it is up to each tier to protect its constitutional powers from encroachment by another, and we will find if this is done, that what we actually have in place at the moment, is more than sufficient. If we restructure, whatever this means, and do not implement, there still would not be much progress.

    The Judiciary has been generally referred to as the last hope of the common man. Can you honestly say that about  Nigerian judiciary?

    The judiciary is still the last hope of the common man, no question about that. I am very encouraged by the changes the  current CJN has instituted. We are already seeing the results of these specialised courts. The corruption trials are moving along much faster, as criminal matters. I am an active practitioner  in the courts across the country on a very regular basis and I have to say that the judiciary has been much maligned. Our Judges work tirelessly to dispense justice at the expense of their health and well being in a lot of cases. The working conditions are abysmal.

    How do we correct this?

    We need to invest more in this very important arm of government and the Bar should advocate better funding for the courts. We are there every day, we see the decaying infrastructure, we see the overworked registry staff and we say nothing. Rather, we prefer to stand outside the court rooms in our wigs and gowns advocating our cases before the media. It’s atrocious and sadly seems to have become the norm in this jurisdiction. In England, you would never hear a Barrister who is directly involved, comment on a case to the media whilst it is sub-judice. And even after that matter is concluded, the only comment would be to read a statement on behalf of the client.

     

     

     

     

  • NBA Publicity Secretary resumes

    THE Nation’s Legal Editor, Mr. John Echezona Unachukwu (John Austin), yesterday resumed as the substantive National Publicity secretary of the Nigerian Bar Association (NBA).

    Unachukwu tendered his resumption letter at the NBA’s head office in Abuja, where it was received and endorsed by an official, Mr. Philip Bulus.

    In the letter, Unachukwu pledged his loyalty to the NBA President, Mr. A. B. Mahmoud, SAN to whom it was addressed. He also stated his readiness to work with the association’s national officers.

    He said: “I have nothing personal against Mr. Mahmoud SAN, since he is not the one that disqualified me from contesting election. So, I will give him maximum cooperation to actualise his vision of a Brave New Bar for the NBA.”

    On Tuesday, Justice Yusuf Halilu of the Federal Capital Territory (FCT) High Court declared Unachukwu as the duly elected National Publicity Secretary of the lawyers’ umbrella body.

    The judge upheld Unachukwu’s claim that he was unlawfully disqualified from contesting election into the office during the association’s general election held in July 2016, after he had campaigned and emerged the only candidate for the office.

    The court also declared as null and void, Mahmoud’s appointment of a publicity secretary to fill the position, while the suit was pending.

  • NBA section’s committee on insurance to engage stakeholders

    Nigerian Bar Association (NBA) Section on Business Law (SBL) Committee on Insurance and Pensions will hold a seminar on Thursday at the Metropolitan Club, 15, Kofo Abayomi Street, Victoria Island, Lagos, by 8am.

    Its theme is: Insurance penetration: The role of law and regulation.

    The seminar will cover topics such as: Insurance Law Practice: Beyond the Status Quo, Insurance Penetration: The role of Law and Regulation and Innovation, Law and Regulation in Insurance: Strange bedfellows?

    Chairman of the committee, Mr. Dominic Ichaba, said experts in law, insurance, regulation and innovation will address the issues.

    He said: “Laws and regulations on compulsory insurance and their enforcement are crucial to driving insurance growth and penetration.

    “Laws and regulations, which promote and encourage innovation in product and channel development, will go a long way in the growth of insurance in Nigeria.

    “The attitude of Insurance practitioners in leveraging the legal and regulatory framework to drive growth is equally essential.

    “Lawyers like many other professionals are interested in the opportunities available to them in the insurance industry.

    “While several opportunities exist currently in the insurance industry for in-house and external lawyers, growing the industry will provide more opportunities.”

    According to him, the Committee believes that the growth of Insurance promotes economic growth and vice versa, thereby increasing opportunities for lawyers.

    According to him, while several factors contribute to the growth of insurance, the committee is convinced that law and regulation play a significant role.

    Ichaba added that only who pre-registered for the non-paid event will attend.

  • Court declares The Nation man NBA Publicity Secretary

    JUSTICE Y. Halilu of the High Court of the Federal Capital Territory (FCT) Jabi, Abuja has declared the Legal Editor of The Nation, Mr. John Unachukwu (John Austin) the substantive National Publicity secretary of the Nigerian Bar Association (NBA).

    Unachukwu was unlawfully disqualified from contesting election into the office during the association’s general election held in July 2016 after he had campaigned and emerged the only candidate for the office.  He was disqualified by the then Ken Mozia (SAN)-led NBA Electoral Committee on the ground that he is an editor in a national daily and not in active law practice as envisaged by NBA Constitution.

    Unachukwu went to court to seek redress.

    Giving judgment in suit between John Echezona Unachukwu vs. Incorporated Trustees of the NBA, the court held that “it has jurisdiction to hear and determine the suit before it because the Dispute Resolution Committee had not been constituted at the time the cause of action arose, so the plaintiff could not have complied with Section 16 of the NBA Constitution, 2015.

    “The decision of the third to seventh defendants disqualifying the plaintiff from contesting the NBA election as National Publicity Secretary was nullified because it was done without affording the plaintiff an opportunity to be heard.

    “The court also declared the plaintiff as the sole candidate for the office of National Publicity Secretary of the NBA in the 2016 general elections and consequently declared the plaintiff as the duly elected National Publicity Secretary of the NBA though the court observed that the position of National Publicity Secretary was filled during the pendency of the suit…

  • Form bigger law firms, NBA president urges

    Form bigger law firms, NBA president urges

    Nigerian Bar Association (NBA) President, Abubakar Balarabe Mahmoud (SAN) has called on lawyers to build larger partnerships to improve service delivery to clients in a globalised world.

    He made the suggestion while unveiling a mega law firm Primera African Legal  (PAL) last week.

    PAL is made up of former partners of Sterling Partnership and Wali-Uwais, both established law firms.

    Former Commonwealth Lawyers Association (CLA)  president, Boma Ozobia  is  the  founding partner, Mr. Isreal Aye, the Managing Partner while  Mrs. Maryam Uwais, the found partner of Wali Uwais will join the partnership  after her period of service in government. The two firms coming together to form Primera Africa Legal has larger team of lawyers to serve their  clients better.

    In a chat with The Nation, Boma said: “We came together to improve the quality of service to clients, particularly for larger transactions, we would encourage other firms to come together in a similar fashion, there are some transactions where you need a good number of lawyers to deliver an efficient service and it is very difficult to assemble a team of experts at short notice just to bid for that piece of work. Working together in the same firm means that you are training and developing expertise in the areas required and available to assist on transactions instantly.

    ‘’Our vision is to work ever more closely with our American Law Firm Aliance (ALFA) international Africa-member firms to provide a seamless service to our clients on the continent. We have partner firms in Ghana, Egypt, Uganda, Kenya, South Africa, Zambia and Mauritius, and we are still growing the network.