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  • Lawyers express concern over NBA’s stamp, seal policy

    Lawyers express concern over NBA’s stamp, seal policy

    Some lawyers at the Federal Capital Territory (FCT) on Tuesday expressed concern on the challenges they encountered in obtaining the Nigeria Bar Association’s (NBA) stamp and seal.

    The News Agency of Nigeria (NAN) recalls that the NBA introduced the stamp and seal to be affixed on all the documents filed in courts by lawyers throughout the federation.

    The Rules of Professional Conduct for Legal Practitioners, 2007, empowers the NBA to issue the stamp and seal and ensure compliance accordingly to all lawyers called to the Nigerian Bar.

    Some of the lawyers on Tuesday expressed concerns on the challenges they were facing in obtaining the stamp and seal.

    Mr Shaka Awaliene, a legal practitioner, applauded the policy, but noted that like any new policy it had its own initial challenges.

    Awaliene, however, said these challenges had far reaching implications and might slow down the process of legal practice for a while.

    “This is a new policy and it would take some time for every lawyer to key into it and what this means is that any lawyer without the seal will not file any process in court.

    “Secondly, it has a monetary implication the national dues must be paid as well as the branch dues before the seal is paid for and obtained.

    “With the harsh economic situation private legal practitioners are facing, this may constitute a problem for them,’’ he said.

    The lawyer said that the new seal policy was one of the measures that could reduce the incidences of fake lawyers in the country.

    He said the policy would strengthen legal practice and brings about professionalism as only genuine lawyers would likely engage in legal practice.

    Awaliene also advised that the policy needed to be extended to corporate practice, particularly with the Corporate Affairs Commission as accountants and chartered secretaries.

    Another lawyer, Christie Nwaka, complained of the time it took before the seal and stamp could be issued after the requisite payments had been made.

    “When you apply for the seal it is not issued immediately, it takes a minimum of three weeks to be issued and that keeps on hold whatever process the lawyer wants to file.

    “For the new lawyers, it is also a big challenge because they are yet to get started and will need some money to satisfy the financial requirement.

    “It appears that adequate arrangements were not put in place before the commencement of the scheme,’’ she said.

    Mr. Dan Nwobodo, former NBA Publicity Secretary, Abuja branch, noted that people found it difficult to switch over to any new policy.

    “In this case, the policy is to sanitise legal practice and should be embraced by any well meaning lawyer.

    “The Rules of Professional Conduct for Legal Practitioners Section 10 (1-2) provides that a lawyer acting in his capacity as a legal practitioner, legal officer or adviser of any government; Department or ministry or any corporation, shall not sign or file a legal document unless a seal and stamp approved by the NBA is affixed on such document.

    “For the purpose of this rule, legal documents shall include, pleadings, affidavits, depositions, applications, instruments, agreements, deeds, letters, memoranda, reports, legal opinions or any similar documents,” he said.

    He said once you paid the Bar practising fees, and called to the Nigerian Bar and your name and number were verified from the Supreme Court Roll and NBA database, you would be issued the stamp and seal.

  • Why we honoured Obi, by NBA branch

    Why we honoured Obi, by NBA branch

    The Nigerian Bar Association, Anaocha branch, which honoured  the former Anambra State Governor Peter Obi with the “Lifetime Achievers’ Award”, has said the award was in recognition of Obi’s achievements, especially his ability to govern the state within the law.

    Speaking at the event, which took place at the Wyte Castle Hitel, Neni, the association’s Chairman, Chief Chris Ogom Adimora said that Anambra people and Nigerians, including Anaocha Bar would continue to use Obi as an example in governance and that he would be remembered for so many firsts he achieved as the Governor of Anambra State.

    His words: “He is more remembered for his dogged fight to regain his mandate freely given him by the generality of Anambra State masses through the courts. He defied all odds and regained his mandate when he was unduly and unlawfully impeached. He also got judgement through the courts to ensure that Senator Chris Ngige’s unlawful tenure did not encroach on his mandate of eight years. “

    Further, Adimorah said Obi would be admired for leaving 75 Billion Naira in cash and investment, after he did not borrow nor left contractual obligations,  when other Governors left debts and unredeemed  bonds. He also cited what he called his frugal management of the State resources, sound education policy, inimitable road network constructed by him, and urban renewal policy as among the reasons he will remain endeared to the people.

    Others award recipients are the Chief Justice of Anambra   state, Hon. Justice Peter Umeadi; retired Federal High Court Judge, Hon.  Justice O.  J. Okeke; Senator Nathaniel Anah, SAN; and Chief Ifeanyi Obegolo.

     

  • Why we honoured Obi, by NBA

    Why we honoured Obi, by NBA

    The Nigeria Bar Association (NBA) in Anaocha, Anambra State, has given reasons why it honoured former Governor Peter Obi with the “Life Time Achievers’ Award. It said the award was in recognition of Obi’s achievements, especially his ability to govern Anambra State within the ambit of the law.

    Chairman Chief Chris Ogom Adimora said the people would continue to use Obi as an example in governance and that he would be remembered for so many firsts he achieved as the governor.

    His words: “He is more remembered for his dogged fight to regain the mandate freely given him by the people. He defied all odds and regained his mandate when he was unlawfully impeached. He also got judgment through the courts to ensure that Senator Chris Ngige’s unlawful tenure did not encroach on his mandate of eight years.”

    Adimorah said Obi would be admired for leaving N75 billion in cash and investment, when he neither borrowed nor left contractual obligations, when other governors left debts and unredeemed bonds.

    The NBA chair cited what he called his “frugal management of the state’ resources, sound education policy, road network and urban renewal policy,” as reasons why he would remain endeared to the people.

  • NBA opposes capital punishment for corruption

    NBA opposes capital punishment for corruption

    The Nigeria Bar Association (NBA) has opposed capital punishment for corruption  convicts.

      NBA’s President Augustine Alegeh (SAN), who made the position known when he received the national president of the Nigeria Labour Congress (NLC) at the Bar House in Abuja, said other countries were moving away from capital punishment.

    He said the government should evolve measures to prevent people from looting the treasury, adding that the  Treasury Single Account was a measure in the right direction.

    Alegeh argued that the plea bargain, which formed part of the Justice system, was a good measure of recovering stolen money.

    He said if the government had applied it since 2007, a  lot of stolen funds would have been recovered.

    The NBA president said: “It was on the front pages last week that corrupt people should be sent to the gallows and killed, that there should be capital punishment and I said no.

    “The international trend is that every country is moving away from capital punishment. So, where the world is moving away from, why are we going there? In corruption cases, the focus is on recovering of the money. Let us recover that money and use it to develop our country and not to kill the man.

    “If you kill the man and the family has the money, have we made any progress? So, let us go for what is right. For us, plea bargain, which is in our new criminal justice act, is good. If we had done plea bargain with some of the governors in 2007, we would have had more money in the system than today.

    “Chelsea Hotel was seized from somebody and is now infested with rats and the man they seized it from now has New Chelsea Hotel. The one that government seized is infested with rats. Assuming that hotel was functional and the revenue going into our consolidated revenue fund or the federation account, is that not adding more money for us. They seized the hotel from someone they said embezzled money and the place is dead today. That can’t be right.

    “Wherever there is corruption, it is money meant for development that has been taken away. The first thing that we should be looking at is how do we get this money and put it back into the system to aid development. Punishment should take the back stage while you reform.

    ‘’What we should be concerned about is what measure do we put in place to ensure that we are not looted, instead of waiting to be looted and then kill the person. We must be proactive and that is our stand. Our position is that the government should put in place measures to ensure that pilfering of government resources is curtailed.

    “The Treasury Single Account being introduced by the government is a step in that direction. Let us first know where the money is, we know what we are expecting, we know the account.

    “If you know that everyone is looking at that account, you cannot say that the money has not come or the money is in one account or the other. I commend government, but I think there are more steps government can take.

    “For us, we believe that the present administration has taken many steps in the right direction. No man is without error or mistake, but on the whole, the government has taken the right steps in the right direction and we support the administration. As long as they continue to work in the right part, the part of getting our country back on a solid footing, we will continue to support them and offer ideas. We encourage NLC to also consider the government  along those lines”.

    On accusations that lawyers often defend people accused of corruption, he said while NBA would do everyting to maintain its position on the rule of law, it is the duty of every lawyer to defend a client even when such a person pleaded guilty to the crime.

    NLC President Ayuba Wabba sought partnership of the NBA leadership in the fight against corruption.

  • NBA to release guidelines for judges

    NBA to release guidelines for judges

    The Nigeria Bar Association (NBA) will, next month, launch guidelines for judges in the exercise of their discretion in sentencing and bail matters, the President of the association, Augustine Alegeh, has said.

    Alegeh told The Nation that the guidelines were inspired, among other things, by the exercise of discretion by Justice Abubakar Talba of an Abuja High Court in the 2013 case of the police pension fund offender, John Yakubu Yusuf.

    Yusuf pleaded guilty to conspiring with six others to steal about N23 billion from the Police Pension Fund and was sentenced to two years’ imprisonment with an option of N250,000 as fine on each of the three counts, by Justice Talba.

    He later paid N750,000 and walked home free

    The NBA chief said the guidelines would help judges in deciding what an accused person deserves in cases where the law gives them wide latitude in sentencing.

    “What we have done at the NBA is that we have prepared documents which we call ‘Sentencing guidelines’”, the NBA chief said. “We have also prepared another document called ‘Bail Guidelines’.

    “We have these documents and sometime in October they will be released as the NBA’s position on how to deal with those matters.”

    The NBA chief made reference to the practice in America where there are several criteria for determining the applicable punishment for different grades of the same offences

    “In other countries, what they have done with judicial discretion is that they have restricted that discretion by having what is called Judges’ Guidelines,” Alegeh said.

    “In the Florida Gun Laws for example, the punishment for owning a gun without a licence is different from the punishment for shooting that gun. And if you shoot the gun and the man is injured, the punishment to be applied by the judge is different than if the man is dead.”

    He added that the NBA guidelines would toe similar lines.

    “Our guidelines divide offences into different categories, such that even if the law says give a man a minimum jail term of six months, for offences between so and so you can give six months; for this gravity you can give 12 months. Guidelines on how the judge is to exercise that discretion.

    “But if a judge can give you six months and six years, it is so wide. So, for us there are things we can do with our law.”

    On the Police Pension Fund case, Alegeh said the NBA’s position remained the same, that the judge did not break any law.

    “The judge in Abuja, with respect, we disagree with the exercise of his discretion, but there’s nothing in our law books that says what he did is wrong,” he said, “The only thing we need to do is to guide the exercise of that discretion.”

    He continued: “And we have looked since that time and nothing has been done, so, we are going to release in October, the NBA’s position on sentencing guidelines and bail guidelines.”

    Alegeh added that Nigerian courts of superior jurisdiction have since amended their prosecution guidelines.

    He said: “You must also understand that the Federal High Court, the Court of Appeal and the Supreme Court have both amended their rules of practice in respect of prosecution in cases of fraud, terrorism, kidnapping and the like. But we are not feeling the impact now because the cases that we hear of are the cases that were brought under the old rules.”

  • NBA to Jibrilla: Ensure autonomy of Adamawa judiciary

    NBA to Jibrilla: Ensure autonomy of Adamawa judiciary

    The Nigerian Bar Association (NBA) Yola Branch, has urged Governor Bindow Jibrilla of Adamawa to respect court judgment that affirmed the autonomy of states’ judiciary.

    Mr Abubakar Babakano, the NBA branch chairman, made the appealed on Saturday in Yola, when executives of the association paid a courtesy call on the governor.

    He commended the governor for his roles in the suspension of the six months old strike embarked upon by Judicial Staff Union (JUSUN) in the state, to press for judiciary autonomy.

    Babakano stressed that the rule of law would not be guaranteed without judicial independence.

    He appealed to the governor to honour his administration’s commitment to comply with Section 83 (3) and 121 (2) and (3) of the Constitution, that affirmed autonomy of states’ judiciary.

    “The sustenance of democratic process, the defence of rule of law and human rights cannot be guaranteed if the judiciary is not independent in all its ramifications,” Babakano said.

    Governor Jibrilla assured the NBA of his administration’s commitment to work with the association in the task of transforming the state.

  • NBA seeks abolition of fixed electricity charge

    The Nigerian Bar Association (NBA) has called for the abolition of fixed charge being paid by electricity consumers in the country on the ground that it is unjustifiable and illegal.

    It recommended that the Nigerian Electricity Regulatory Commission’s (NERC’s) policy on maintenance fees charged on meters amount to oppressive, multiple taxation and should be discontinued forthwith.

    The association also called for the abolition of oil subsidy policy in view of corruption in the process and suggested transparent harnessing and deployment of the nation’s resources.

    NBA, which justified the law prohibiting same-sex marriage, said the law on prohibition of the practice “does not amount to a violation of any individual’s fundamental human rights.”

    On the position of the law on the role of First Ladies, the association the noted that although wives of the President and Governors could contribute to national development, “there being no constitutional recognition of that office, the first lady is to complement the duties of the President and not embark on any parallel program already captured within various ministries.

    “Projects of the First Lady should be funded from the private sector and not from public funds.”

    These formed part of recommendations contained in a communiqué issued on Friday in Abuja at the end of the NBA’s 55th annual conference. The NBA President, Augustine Alegeh (SAN) read the communiqué.

    The NBA said it will partner with government in the fight against corruption being critical to national development and shall work assiduously towards achieving a positive attitude against corruption amongst the Bench and Bar.

    “Also critical to national development is the removal of fuel subsidy as it is one of the aggravating factors in corruption in that sector apart from the potential for national development thus afforded if funds thus freed up are duly harnessed,” it said.

     

     

  • NBA Aba chair seeks lower cost of litigation

    The new Chairman of the Nigeria Bar Association (NBA),  Aba branch, Kenneth Nwakanma, said he would ensure that the high cost of litigation was reduced during his term.

    Speaking with reporters after being presented with his Certificate of Return, he regretted that the cost of litigation  in the state has denied many people access to justice.

    He said: “We shall continue to offer legal aides to people who cannot afford legal services. There is in place what we call, free legal aide. It is in place and we offer that help to those who may not really afford what it takes to go to court and actually express their feelings when their rights are infringed upon.

    “We are also going to ensure that as much as possible that the cost of litigation is reduced because come to think of it, the courts are not only for the rich, they should even be more friendly to those that are indigent or impoverished ones.’’

    He continued: “We will make sure that we fight the cause in ensuring that the cost of litigation is reduced so that it can be affordable to everybody. Otherwise what it means is that we are going to continue either by act or by some kind of omission encourages the deprivation of those who ought to approach the court to seek redress; we discourage them by allowing high cost of litigation to continue to prevail. We are going to ensure that all these things are reduced so that everybody shall have access to court when the need arises”.

    Nwakanma, who said his desire to ‘sustain the tempo’  set by his predecessors, said the branch would partner and dialogue with the state government.

    He added that he would dialogue with the  Nigeria Police  to ensure that bail was free, stressing that bailing a suspect doesn’t mean setting the person free but to allow the person to prepare to face litigation.

    “We are going to have meeting with the police hierarchy and discuss with them because I believe that sometimes, dialogue can also solve problems and not about throwing banters and mudslinging all the time, sometime you can dialogue.

    “We will make them understand that the issue of bail being free is a constitutional right, nobody should pay for it, people should not suffer before they get bail and come to think of it, the issue of bail doesn’t mean that you have set an accused person or a suspect free.

    ‘’What it means is that you are giving him the chance to make sure that he prepares himself properly to face his trial, that is what the constitution says that any man who is accused of any offence shall have access to his lawyers and all the things legitimately available to him in order to ensure that he goes to court to defend himself appropriately and come to think of it, anybody who is accused of any manner of crime whatsoever, is presumed innocent until a court finds him guilty,” Nwakanma added.

    While appealing for members’support, he added that his administration would ensure that lawyers in the commercial nerve of the state have a conducive atmosphere to ply their trade, disclosing that they also have programmes and activities that would expose and help younger lawyers in the branch enhance their skills.

    Out-gone chairman of the branch, Chidozie Ogunji, thanked the members for their support, enjoining them to extend same to the new regime.

    He further said he would assist Nwakanma and the branch.

    Others sworn in with Nwakanma were Perfect Okorie, vice chairman; Onyekachi Nwagbaoso, financial secretary; Queenderlin Ubani, treasurer; Ijeoma Emeku (social welfare), Charles Nsobundu Oluchukwu (secretary), Chukwudi Chibuzo, asst. secretary, Ngozi Anthonia Onuorah, welfare and Friday Ohajuru (publicity secretary).

    The event, which was witnessed by some of the past chairmen of the branch, also featured the presentation of certificates of return to the newly elected exco members also witnessed the official inauguration of young lawyers association, Aba branch.

     

  • NBA Aba gets new executives

    New leaders of the Aba chapter of the Nigerian Bar Association ((NBA) have been elected. Mr Kenneth Nwakanma is the new chairman; Perfect Okorie (vice chairman), Onyekachi Nwagbaoso (Financial Secretary), Queenderlin Ubani (Treasurer), Ijeoma Emeku (Social Welfare), Charles Nsobundu Oluchukwu (Secretary), Chukwudi Chibuzo (Assistant Secretary), Ngozi Anthonia Onuorah (Welfare) and Friday Ohajuru (Publicity Secretary).

    They were sworn in by His Lordship, O. C Okpom.

    In his acceptance speech, Nwakanma said, “All of us are victors…the war confronting us now is reconciliation, peace and consolidation…all of us are necessary soldiers in this army and I cannot succeed without any one of us. I call on every member of our great branch irrespective of local leanings, or ideological inclination to please come on board and let us all together march NBA Aba to victory reconciliation, peace and consolidation”.

    The NBA chairman used the opportunity to eulogise the past and previous leaders of the Bar and commended their “long lasting programmes that have seen our great branch to a level worthy of emulation.

    “I must confess that with the pace set, I have been greatly challenged but I assure you that I will do all within my powers to sustain the tempo and perhaps surpass it”.

    Nwakanma’s immediate predecessor, Chidozie Ogunji thanked the members of the branch for their support, describing his stay in office as a time that provided him the opportunity to improve on his experience in human relations.

    Ogunji, wished the new executive well and stated his readiness to assist and advice them whenever his contributions were needed.

    The event which featured the presentation of certificates of return to the newly elected leaders, also witnessed the inauguration of Young Lawyers Association, Aba branch.

     

  • NBA to report corrupt, lazy judges to NJC, says Alegeh

    NBA to report corrupt, lazy judges to NJC, says Alegeh

    •NDIC to review Act

    The Nigeria Bar Association (NBA) has set up a committee to monitor the judges and report corrupt and lazy ones to the National Judicial Council (NJC).

    The committee will liaise with local NBA branches through which lawyers can submit their complaints where they have evidence that a judge has been compromised, has delivered a judgment that has no basis in law, or exhibit laziness by sitting late, among others.

    NBA President Augustine Alegeh (SAN) yesterday said the association would send a formal petition to the NJC after reviewing the complaint or questionable judgment.

    He spoke yesterday at a sensitisation seminar organised by the Nigeria Deposit Insurance Corporation (NDIC) for its external solicitors, with the theme: “Challenges to Deposit Insurance Law and Practice in Nigeria.”

    Alegeh said besides corruption, the greatest challenge facing justice delivery is ignorance of the law by some judges, some of whom he said belonged to the old school and give judgments according to their beliefs rather than according to law.

    “For the first time, the Bar will be sending petitions to the NJC directly against judges. If any lawyer has a judgment, delivered for or against him and they feel it is not according to law, let them send it to us. Such judges should not be in our judiciary,” Alegeh said

    NDIC’s Managing Director, Alhaji Umaru Ibrahim, said the NDIC Act, which was last amended in 2006 would be reviewed to further protect depositors.

    Ibrahim, represented by NDIC’s Executive Director, Operations Prince Aghatise Erediauwa, said: “Presently we are proposing new amendments to the Act. One area we are looking at is strengthening the protection of depositors. We want to shorten the time-span within which depositors get paid if a bank should fail. We also want banks to be more responsible generally.

    “NDIC has a very critical role to play, but to achieve this, there are a set of prescriptions which have been laid down by the International Association of Deposit Insurers. We want to amend the Act to bring it in line with international best practices.”

    According to him, depositors of many of the failed banks have been paid in full, while some shareholders and creditors have also received their monies.

    “There are several instances where payments are advertised and individuals fail to show up to collect their payments. We have those isolated cases.

    “We can distinguish the case of Savannah Bank from failed banks because it is not within the control of NDIC. Their licenses were revoked by the Central Bank of Nigeria (CBN), but on court orders, the licenses were reinstated.

    “The next step would have been for the owners of those banks to reorganise themselves and come back into operations so that depositors can access their accounts. Savannah Bank has been unable to do that,” Erediauwa said.