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Tag: NBA

  • Contest for NBA Lagos Secretary’s office hots up

    Contest for NBA Lagos Secretary’s office hots up

    CAMPAIGN for the secretaryship of the Nigerian bar Association (NBA), Lagos branch, has hot up ahead of its July 18 election.

    Mr Babatola Akpata and Mr. Chukwuma Ezeala are in the race, which sources say is full of intrigues.

    Below is the profile of the contestants. Babatola Sunday Akpata and Chukwuma Ezeala Akpata holds LL.B (Hons) Second Class (Upper Division) from the University of Ilorin. He also graduated from the Nigerian Law School, Nigerian Law School, Bwari, Abuja with a Second Class Upper Division.

    Akpata is an an Associate in the law firm of G. Elias &Co. He is a member of several professional groups, including the NBA, Nigerian Environmental Law Society (NELS), Young International Arbitration Group (YIAG) of the London Court of International Arbitration, Young Arbitrators Forum of International Chamber of Commerce.

    He is a Notary Public, Associate Chartered Institute of Arbitrators (ACiarb), United Kingdom, Associate, Business Recovery and Insolvency Practitioners Association of Nigeria, Associate Chartered Institute of Taxation of Nigeria.

    Apart from the short period he worked with Shendam Local Government (October 2002 – August 2003)

    Akpata has worked with leading commercial law firms in the country, including Aluko & Oyebode, where he was an Associate (June, 2002 – September 2002) and G. Elias & Co., (Associate) (September, 2003 – date).

    He has such international exposures and experiences of a contemporary lawyer, not only in law practice, but in other fields of professional endeavour.

    He attended seminars and workshops organised by such globally acclaimed consultants as Smith Consulting: Accounting and Finance Course for Lawyers (2002) Newman Module: Nigerian Petroleum Profit Tax Act: Structure and Administration (2003), Bripan: Banks’ Loans Documentation and Recovery (2004). Admiralty Resource Services: Marine Insurance Seminar (2005) IBA: Developing Energy and Mining Projects in Emerging Markets (2006) MAAN: Arbitration in the Marine Industry (2010)

     

    EZEALA holds an LL. B.)BL. and ( LL. M.) (Lagos),is the Managing Partner, Chancellor Chambers,based in Victoria Island, Lagos.

    He is a Notary Public and a Chartered Arbitrator/Mediator and Conflict Resolution Specialist.

    He works with the Civil Society Organisation ( CSO) of Development for Good Governance. Ezeala has developed expertise in several aspects of practice, having cut his legal teeth as Counsel in Shitta Bay Law Office, Lagos. He has expertise in company matters, capital markets, negotiations, arbitration and litigation.

    As the Managing Partner of Chancellor Chambers, Ezeala recruits, trains and manages young and middle management lawyers and mentors young lawyers.

    A consummate Bar man, he has served the Bar in several capacities. He was a Member of the NBA Lagos Executive between 2009 and 2011; Secretary, Law Summit 2011; Vice Chairman, 2009 Conference Planning Committee, Secretary, Human Rights Committee, Assistant Social Secretary, Ex-Officio Member; Member, NBA National Welfare Committee, and Member, NBA Delegation to Pro Bono Conference, Berlin, Germany.

    A member of the International Bar Association (IBA) and Commonwealth Lawyers Association (CLA), he has received world-class training in leadership at the Leadership Training Institute, Arlington, Virginia, USA.

    A Christian, Ezeala has served the National Association of Catholic Lawyers, Lagos, as Secretary (2003 – 2005), Vice President (2007 – 2011) and President (2011 – till date).

    In similar capacity, he has served as the In-House Counsel of the Catholic Secretariat of Nigeria as well as the National Co-ordinator of the secretariat’s Justice, Development and Peace Commission (JDPC). Much of his early experience in facilitating engagement with government agencies, in conflict mediation and peace-building was gained during this assignment.

    He has also served on the boards of some Non-Governmental Organisations (NGOs), which had sought to address institutional and social impediments to full democratisation in Nigeria.

    Under his watch, the Democracy and Good Governance in Nigeria project of the JDPC engaged in capacity building for the 50 diocesan branches for better engagement of the populace, in fostering democratic ideals and structures, and in peace building initiatives.

    Ezeala was the team leader and co-editor of JDPC’s Final Statement on the 2003 general elections. He co-developed manuals for its domestic observers in Nigeria’s 2007 Elections. He has gained substantial capacity in good governance and conflict resolution, especially on electoral process. He has considerable experience in training and building the capacity of civil society organisations in initiatives aimed at deepening democratic values.

    Between 2006 and 2007, Ezeala was on leave-of-absence as the National Programme Manager/NACOREV campaign coordinator (Nigeria Office) for a South African NGO IDASA in its DFID-funded programme on ‘Reduction of Violence in Nigeria’s Elections.’

    As Researcher/Consultant with International IDEA (South Africa), Ezeala helped to deepen Nigeria’s electoral practice jurisprudence through his seminal work, The Legal Framework and the Conduct of Tribunals in the 2003 Nigerian General Elections. He was between 2004 and 2006 the Executive Director of Salamafrika International. In this capacity, he was Technical Advisor to NGOs working on peace, good governance and parliamentary advocacy projects. He also advised civil society monitoring and observation groups, provided technical support in the design and implementation of strategic plans, trained educational institutions personnel in good governance and human rights legislation, and designed public participation processes.

    Aside facilitating the resolution and management of community conflicts, Ezeala provided technical assistance to communities dealing with democratic/transitional issues. It was in this capacity that he developed model constitutions and bye-laws aimed at reducing conflicts in trade and town unions. As a consultant on election matters, He has assisted organisations and public agencies to develop conflict mitigation strategies.

    These experiences have exposed Ezeala to diverse persons, groups and management systems, enabling him to hone his skills in capacity building, personnel management, and financial management/budgeting. Also thanks to these experiences, his network of contacts in the governmental, professional, NGO and civil society sectors are outstanding.

    Ezeala is married and has children.

     

  • My score card, by Ikeja NBA chair

    The Chairman of the Nigerian Bar Association (NBA), Ikeja

    Branch, Mr Monday Ubani, has presented a report of his one year administration.

    During the Annual General Meeting (AGM) of the branch, he said the branch acquired N6 million bus and a tricycle to ease transportation for lawyers coming to Ikeja High Court following the ban on motor cycles in the area.

    He said the Hiace Toyota Bus was acquired at N6million for the branch by one of its members, Mr Tunde John Ayeni, the Chairman of Skye Bank while another member of the branch, Mr Bolaji Ayorinde (SAN) presented the tricycle. He said Ayorinde has promised the branch to buy a another tricycle before the end of the month.

    Ubani said another member, Mr Kemi Pinheiro (SAN), donated a 30kva generator to the branch while the executive purchased a 6KVA generator for the Bar Centre.

    He said the completion of the Bar Centre project was part of the campaign strategy of his administration. He said so far they have raised N10 million while the branch has been promised another N8million towards the completion of the building.

    “If all the promises we have received so far from our invited guests are anything to go by, we will commence work on the building immediately, possibly this month or at worst, next month” he said adding: “It is apromise which by God’s grace shall be accomplished before the end of this administration.”

    After the swearing in June 28, last year, the first assignment that came the way of Ubani was that of participating in the national conference of the NBA. Ubani recalled that Ikeja Branch of the bar led other branches to protest against what he termed, “callous conference fees” which the former executive of the national NBA asked lawyers to pay before attending the conference.

    “The branch protested the increase and won sympathy of other branches and some senior members of the Bar.

    The conference of 2012 remained in history as one with the least attendance and poorly organised. It also recorded a huge loss.

    “We must sustain that struggle to exterminate impunity anywhere it is found including at the leadership of the Bar and generally in the country,” he said.

    The edition of the ‘The Gani Fawehinmi Annual Lecture’ titled: “Democracy, economy and fundamental human rights: Whither Nigeria?” was another area where the Ikeja Branch executive of the NBA recorded huge success. Aside from the important dignitaries who graced the occasion, the turn out was impressive and at the end of the lecture, Ubani said about N1 million was realised after the programme.

    Ubani also described the Sixth Alao Aka Bashorun Memorial lecture, which was chaired by Prince Bola Ajibola (SAN), a former judge of the World Court, as intellectually rewarding. “Not only was the programme well attended, all our invited guests, including Mallam el-Rufai, former FCT Minister; Prof Akin Oyebode, an International Law expert and a Lecturer at the University of Lagos and Hon. Kanu Agabi (SAN), the former Attorney- General of the Federation, came as promised,” he said, adding that the family of the late Alao Aka Bashorun was adequately represented by the first son, Segun and Atinuke, the wife of the late Alao Aka Bashorun.

    The Continuing Legal Education of the branch, which was held in April, this year was regarded as one of the best. Twelve areas of law were handled effectively. The seminar took a cursory look at some of the thorny provisions in the 2012 Civil Procedures Rules of Lagos State and the newly Amended Evidence Act especially on computer generated evidence and allied matters. The conclusion at seminar that involved seasoned lawyers and judges was that much is still required to be done in our laws to ensure efficient and smooth operation of our administration of justice in the state in particular and in Nigeria in general.

     

    The NBA Ikeja branch chairman explained that the seminar was held in realization of the fact that if one must “be an efficient and brilliant lawyer, whether in the court or out of the court room, one needs to be updated constantly with latest developments in every area of ones practice” adding “we have to evolve a culture of this Continuing Legal Education in our Branch to bring out the best in all of us”.

     

  • My score card, by Ikeja NBA chair

    My score card, by Ikeja NBA chair

    The Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, Mr Monday Ubani, has presented a report of his one year administration.

    During the Annual General Meeting (AGM) of the branch, he said the branch acquired N6 million bus and a tricycle to ease transportation for lawyers coming to Ikeja High Court following the ban on motor cycles in the area.

    He said the Hiace Toyota Bus was acquired at N6million for the branch by one of its members, Mr Tunde John Ayeni, the Chairman of Skye Bank while another member of the branch, Mr Bolaji Ayorinde (SAN) presented the tricycle. He said Ayorinde has promised the branch to buy a another tricycle before the end of the month.

    Ubani said another member, Mr Kemi Pinheiro (SAN), donated a 30kva generator to the branch while the executive purchased a 6KVA generator for the Bar Centre.

    He said the completion of the Bar Centre project was part of the campaign strategy of his administration. He said so far they have raised N10 million while the branch has been promised another N8million towards the completion of the building.

    “If all the promises we have received so far from our invited guests are anything to go by, we will commence work on the building immediately, possibly this month or at worst, next month” he said adding: “It is apromise which by God’s grace shall be accomplished before the end of this administration.”

    After the swearing in June 28, last year, the first assignment that came the way of Ubani was that of participating in the national conference of the NBA. Ubani recalled that Ikeja Branch of the bar led other branches to protest against what he termed, “callous conference fees” which the former executive of the national NBA asked lawyers to pay before attending the conference.

    “The branch protested the increase and won sympathy of other branches and some senior members of the Bar.

    The conference of 2012 remained in history as one with the least attendance and poorly organised. It also recorded a huge loss.

    “We must sustain that struggle to exterminate impunity anywhere it is found including at the leadership of the Bar and generally in the country,” he said.

    The edition of the ‘The Gani Fawehinmi Annual Lecture’ titled: “Democracy, economy and fundamental human rights: Whither Nigeria?” was another area where the Ikeja Branch executive of the NBA recorded huge success. Aside from the important dignitaries who graced the occasion, the turn out was impressive and at the end of the lecture, Ubani said about N1 million was realised after the programme.

    Ubani also described the Sixth Alao Aka Bashorun Memorial lecture, which was chaired by Prince Bola Ajibola (SAN), a former judge of the World Court, as intellectually rewarding. “Not only was the programme well attended, all our invited guests, including Mallam el-Rufai, former FCT Minister; Prof Akin Oyebode, an International Law expert and a Lecturer at the University of Lagos and Hon. Kanu Agabi (SAN), the former Attorney- General of the Federation, came as promised,” he said, adding that the family of the late Alao Aka Bashorun was adequately represented by the first son, Segun and Atinuke, the wife of the late Alao Aka Bashorun.

    The Continuing Legal Education of the branch, which was held in April, this year was regarded as one of the best. Twelve areas of law were handled effectively. The seminar took a cursory look at some of the thorny provisions in the 2012 Civil Procedures Rules of Lagos State and the newly Amended Evidence Act especially on computer generated evidence and allied matters. The conclusion at seminar that involved seasoned lawyers and judges was that much is still required to be done in our laws to ensure efficient and smooth operation of our administration of justice in the state in particular and in Nigeria in general.

     

    The NBA Ikeja branch chairman explained that the seminar was held in realization of the fact that if one must “be an efficient and brilliant lawyer, whether in the court or out of the court room, one needs to be updated constantly with latest developments in every area of ones practice” adding “we have to evolve a culture of this Continuing Legal Education in our Branch to bring out the best in all of us”.

     

  • NGF imbroglio: Jang’s meeting illegal – Fayemi

    NGF imbroglio: Jang’s meeting illegal – Fayemi

    The governor of Ekiti state, Dr. Kayode Fayemi on Monday described a meeting of the Nigerian Governors’ Forum called by the Governor Jonah Jang of Plateau State as illegal.

    He also disagreed with the call made by the President of the Nigerian Bar Association, Mr. Okey Wali (SAN), seeking the dissolution of the NGF.

    Fayemi, who said he was not aware of any meeting of the Forum, said that only Governor Rotimi Amaechi of Rivers, who was duly elected the chairman of the forum, is competent to call a lawful meeting of the governors.

    “Any other meeting is illegal,” he said.

    The Ekiti governor, while responding to questions by journalists a thet Eko Hotels and Suites, Victoria Island, venue of the seventh edition of the NBA Law Conference, said the only meeting he was aware of was that called by President Goodluck Jonathan who he said has been meeting with the governors individually.

    “Most of us would attend meetings with the President because he is our president and we have to honour him,” he said.

    Fayemi described the NBA president‘s call as strange “because he is fully aware of the constitutional provision to freely associate.”

    “Just as the lawyers freely associate under the umbrella of the NBA without let or hindrance, the governors too have a right to freely associate with each other to exchange ideas and share experience,” he added.

    He said the NGF does not in any way distract the governors’ attention from governance of their respective states as they only meet once in a month on the eve of the National Executive Council of State meetings to articulate the position they would push at the meeting.

     

     

     

  • How Nigeria can achieve people’s Constitution, by NBA

    The Nigerian Bar Association (NBA) has identified factors which will make the 1999 Constitution, undergoing amendment, more people-oriented.

    The factors, it said, include inclusivity, validity and transparency.

    The association backed the gradual amendment of the Constitution, saying it believes piecemeal approach is preferable to a wholesale alteration in which an existing constitution is totally jettisoned for a new one.

    The association condemned the divisions among governors with the Nigerian Governor’s Forum (NGF), which the association declared as unconstitutional.

    NBA President Okey Wali (SAN), who made NBA’s position known, spoke while welcoming delegates to the association’s just-concluded National Executive Committee (NEC) in Yenagoa, Bayelsa State.

    “The Nigerian Bar Association supports the proposed review of the 1999 Constitution of the Federal Republic of Nigeria by the National Assembly. It is the position of the Bar that more than anything else Nigeria needs amendment of some important aspect of the Constitution in the interest of democracy consolidation.

    “Since the amendment exercise started, the NBA has identified two crucial principles of Constitutional amendment. They are: timing and approach. Under timing, we suggest that Constitutional amendment should be an on-going exercise. As soon as an issue identified as germane for constitutional amendment arises, the process of a new amendment ought to be initiated at the National Assembly through a Bill.

    “On approach which has great linkage with timing, the NBA believes that piecemeal amendment is preferred to a wholesale amendment in which an existing Constitution is totally jettisoned for a new one.

    “The oldest federation, the United State of America, has had same Constitution for over 200 years and has made only 27 amendments to it. India has made 94 amendments to its Constitution in 60 years,” Wali said.

    The NBA President said the central issue is not only whether there is a constitution but whether or not the constitution is of the people.

    “The pertinent questions are: does the constitution reflect the wishes of the people? How was it made? Were the processes involved in its making open and transparent? Were the processes inclusive?

    “It could be deciphered from the foregoing questions that these are the parameters for testing a people oriented constitution, the type we deserve for Nigeria. These are the basic elements of a good constitution and this revolves around the process of passage.

    “These basic standards include: Inclusivity: the constitution must be owned by the people. In effect it is in the spirit of the Rule of Law for the people to have a say in how they are governed. Ownership ensures credibility of the constitution. Validity: the constitution must be subject to a referendum. Transparency: Process must be transparent to ensure credibility.

    “It is only through a process as enunciated above that Nigeria, can have the type of constitution we truly deserve. I want to state unequivocally again that the only way to achieve a people’s constitution is through a referendum

    NBA also took a stand on the state of emergency declared by President Goodluck Jonathan in

    Adamawa, Borno and Yobe states.

    “It is because of the failure of law and order that necessitated the declaration of the state of emergency in the three aforementioned states. President Jonathan had unequivocally stated in his state of emergency speech that in view of the intelligence report available to him, it had become necessary to declare the state of emergency.

    “But the big lesson in this National security debacle is the urgent and important need to equip the Nigerian Police Force. It is not enough to always send the Armed Forces to places where our National Security is threatened all the time.

    “One may ask the question why not involve the Nigerian Police Force? But we must ask ourselves whether the Nigerian Police Force is well funded and equipped? The Bar calls for the urgent equipping of the Nigerian Police Force. From available statistic, the Nigerian Police Force has the required man power but lack the requisite training and equipment.

    “The Bar therefore calls for the urgent funding, training (capacity building), and equipping of the Nigerian Police Force. Without adequate funding, the Nigerian Police Force cannot function. That is why they are getting overpowered and killed every day. If we had a well trained and equipped Police, we never would have needed soldiers and the military.

    “The NBA calls on the Federal Government to declare a state of emergency on the Police Force, with a view to making them capable of functioning appropriately.”

    NBA called for the strengthening of the judiciary’s independence, adding that the problem of overloaded court dockets is indeed one that must be tackled head-on.

    It said: “Government must recognise that the judiciary is the Third Arm of Government in any civilized society. Accordingly, the independence of the Judiciary must be guaranteed and secured. To secure the independence of the judiciary, government must grant to it true financial autonomy, and a full self-accounting status.

    “The funds of the judiciary must be released to it as soon as the same is approved in the budgets of the Federal and State governments. The personal emoluments of judicial officers, together with their other conditions of service, should be enhanced to make them commensurate with that of their counterparts in England, from where Nigeria derived its Legal system.

    “Bayelsa State is the only State in Nigeria that has passed a law backing a self accounting judiciary vide its Judiciary Financial Autonomy Law 2012.

    “The NBA reiterates that Government must recognise that it is only the existence of a virile, fearless and independent Judiciary that can guarantee an enduring democratic government, and the maintenance of law and order.”

    On NGF, Wali said: “Let me say that the 1999 Constitution, as amended, does not provide for a body such as the Nigeria Governors Forum. I, however, agree that Nigerians have a constitutional right to form or belong to a body, group or association of their choice.

    “This Forum is modelled after the National Governors Association in the United States of America, but unlike their own Association in the U.S which is good governance and policy driven, ours is highly politicised and it is heating up the polity in Nigeria.”

    The NBA president confirmed to the NEC that the Building Committee would hit the site of the NBA House on June 21 when the ground breaking will be performed.

    It was also reported to the NEC that the NBA had gone to court to challenge the provision of the law on Money laundering which requires lawyers to report any transaction above $1,000 to law enforcement agencies.

     

  • NGF crisis threat to democracy, says NBA, Sagay

    NGF crisis threat to democracy, says NBA, Sagay

    Some prominent lawyers on Monday in Lagos said the ongoing crisis within the Nigeria Governors’ Forum (NGF) was a threat to the nation’s democracy.

    The lawyers were reacting to the dispute arising from the forum’s chairmanship election on Friday.

    THE NGF broke up into two factions on Friday after the forum’s secretariat declared Governor Rotimi Amaechi of Rivers reelected as chairman of the group by 19 votes to Governor Jonah Jang’s 16.

    But a faction led by Jang and Governor Godswill Akpabio of Akwa Ibom disputed the result, arguing that Amaechi should have stepped down before the election took place.

    The lawyers told the News Agency of Nigeria (NAN) in separate interviews that the crisis was capable of derailing Nigeria’s democracy.

    A constitutional lawyer, Prof. Itse Sagay (SAN), said the action of the governors was an embarrassment and a threat to the country’s democratic experiment.

    “It is shameful and embarrassing. The results were declared and we all saw it on national television.

    “One would normally expect the loser to congratulate the winner but they left the venue in anger and decided to form a splinter group.

    “Their actions have shown that they have contempt for democracy and the rule of law,” Sagay said.

    The Chairman, NBA, Ikeja branch, Mr. Onyekachi Ubani, said the disputed election was a sad situation.

    Ubani wondered why a group of only 36 persons could not conduct an acceptable election.

    “The NGF, as it stands today, is already divided and it is a dangerous signal to our democracy,” Ubani said.

     

  • Ajibola, El-Rufai, Oyebode, urge FG to tackle corruption, insecurity

    Ajibola, El-Rufai, Oyebode, urge FG to tackle corruption, insecurity

    Emminent Nigerians on Thursday gathered in Lagos to discuss the state of insecurity and corruption that have bedeviled the country over a long period of time, nearly stalling her development and proffer solutions to the problems.

    They include two former Attorney Generals of the Federation, Prince Bola Ajibola (SAN) and Godwin Kanu Agabi (SAN), former FCT minister, Mallam Nasir El-Rufia , former commissioner for environment, Dr. Muiz Banire, activist Femi Falana (SAN), Dele Adesina (SAN), Pa. Tunji Gomez, and son of the honouree, Segun Aka-Bashorun .

    They spoke on the topic: “Law, Corruption and the Future of Nigeria,” at the Alao Aka-Basorun Annual Lecture organised as part of the activities marking the 2013 Law Week of the Ikeja branch of the Nigerian Bar Association.

    The event held at the Bar Centre, GRA Ikeja, was chaired by Prince Ajibola and had Mrs. Atinuke Aka-Basorun and son, Segun in attendance.

    Prince Ajibola lamented that Nigeria now leads as the most corrupt nation in the world.

    He advised the government to seriously address problems of insecurity and corruption in the country saying, “otherwise the situation in the country would turn chaotic.”

    The Chairman, NBA Ikeja, Mr. Monday Ubani in his opening remarks said that corruption has become a bane to national development as it has reduced the country from being a giant to a “Lilliputian.”

    Erudite Professor, Akin Oyebode advocated life imprisonment for those that engage in corruption and other forms of stealing from the public purse.

    Prof. Oyebode, who noted that Nigeria is at a cross road on issues of corruption, insecurity and other socio-economic crises, said “there is need to send the right signals to the rest of the population and the international community that we are indeed a seIf-respecting people, wedded to zero tolerance for corruption, opposed to impunity and dedicated promoters of equality before the law.”

     

  • NBA hails declaration of emergency rule in ‘troubled states’

    NBA hails declaration of emergency rule in ‘troubled states’

    The Nigerian Bar Association (NBA) on Wednesday described as apt, the declaration of a state of emergency in Borno, Yobe and Adamawa States by President Goodluck Jonathan.

    The President of the association, Mr. Okey Wali, told the News Agency of Nigeria in a telephone interview that the decision was a further resolve by the Federal Government to protect the country and its people from further aggression by undesirable elements.

    “We have no doubt that the President has received fresh intelligence that necessitates a harder measure to be taken to forestall further mindless attacks on Nigerians by insurgents.

    “We are indeed satisfied by the decision as it has not eroded the political structure of the three states; suffice to say that democracy is still in place in those areas.

    ”Our candid appeal is for the members of the Boko Haram sect to still leverage on the existing opportunities provided by the Presidential Committee on Amnesty,” the NBA president said.

     

  • CJN warns lawyers against frivolous petitions

    CJN warns lawyers against frivolous petitions

    The Chief Justice of Nigeria, Justice Mariam Aloma-Mukthar, has warned legal practitioners against the practice of writing frivolous petitions to challenge unfavourable judgments.

    Mukthar gave the warning on Monday in Lagos while speaking at the opening of a two-day workshop, organised by the Nigerian Bar Association’s (NBA) Action Group on Rule of Law.

    She said that writing unsubstantiated petitions rather than exploring the legal process of appeal was becoming a norm among some lawyers.

    According to the CJN, the practice is becoming an albatross on the justice system.

    The News Agency of Nigeria reports that the theme of the workshop was “The Rule of Law: Bedrock for Sustainable Democracy and Development.

    “I need to point out the negative habit of lawyers and litigants using petitions as an alternative to appeals. This has led to a lot of frivolous petitions before the National Judicial Council.

    “On my assumption of office, I inherited 139 petitions out of which 33 were worthy of defence.

    “Shortly after assumption, 198 fresh petitions were received, out of which 150 were frivolous; 15 are awaiting responses from the judges while only 21 were slated for considerations.

    “We believe those who are aggrieved in whatever way have the right to write petitions for NJC`s action, they must also ensure those petitions are serious enough for consideration,’’ she said.

    The CJN urged legal practitioners to uphold the code of conduct of their profession and advised them to shun acts that could undermine the rule of law.

    She implored them to be vigilant and report any misconduct of judicial officers to the appropriate quarters for disciplinary actions.

     

  • SAN seeks research assistants for judges

    SAN seeks research assistants for judges

    Chairman, Nigerian Bar Association (NBA) Database Committee, Chief Augustine Alegeh (SAN) has called for the assignment of research assistants to judges to facilitate justice delivery and provide job for young lawyers.

    He spoke in Ilesa, Osun State at the inauguration of the new officers of the NBA branch.

    Alegeh, who was the guest speaker at the event held at the High Court premises in Ilesha, frowned at a situation where the Bar and the Bench work at cross purposes and noted that this will not augur well for the judiciary.

    Speaking on the topic: Towards a just Court: should our courts be that of law or discipline.

    He identified some practices in our courts which impede speedy dispensation of justice. These include a situation where a judge has over 40 cases on the cause list which he must definitely run through in the court and at the end of his work, that same judge will go home sit down, research authorities and write his judgements.

    Alegeh noted that this would be made easier if as is the practice with some Senior Advocates of Nigeria (SANs), some junior lawyers go through the rigours of the research and provide the judges with already researched authorities with which to write their judgements. This, he said, will enhance efficiency, thoroughness, speed and accuracy in the work of the judge and will also speed up the process of justice delivery.

    He condemned situations where Judges would fix cases for hearing and would travel to attend other matters like conferences without iinforming the lawyers who have matters before them that they would not sit. He regreted the fact that many lawyers have died on the road to courts that never sat.

    Alegeh said: “There are several issues which directly affect the administration of justice and affect members of the Bar on a regular basis that need to be highlighted before I conclude this lecture.

    “There is an urgent need for our laws to be amended to make it mandatory for all judicial officers to have research assistants to assist them in coping with their workload of cases. This practice is in place in some states and that is commendable. However, majority of the states and Federal courts have not caught on to this trend.

    “These research assistants should be legal practitioners qualified to practice Law in Nigeria and their work scope would be limited to providing research support to judicial officers. It is a well established fact that senior lawyers prepare their cases with the aid of their juniors who assist in research and preparation of drafts for the senior lawyers. There is, therefore, no reason not to provide such services to our judicial officers.

    “The advantages of the provision of research assistants to our judicial officers are litany but let me just draw attention to a few. Firstly, the quality of judgments would improve as all judgments would be well researched. Secondly, it would aid the speedy dispensation of justice as the research materials placed before the judicial officer reduces the time he would otherwise have taken in researching and writing the judgment or ruling all by himself. Thirdly, apart from providing employment for about 4,000 unemployed lawyers, it would provide a veritable training platform for lawyers who have interest in becoming judicial officers.

    “The frequent request for adjournment of cases, incidence of cases not being heard due to the overloaded cause list and failure of courts to sit without prior notice to Counsel are matters which directly and adversely affect the members of the Bar and the overall administration of justice.

    “We cannot but admit the fact that members of the Bar are responsible for some unnecessary adjournments of cases and this contributes to delays in the administration of justice. It is well understood that adjournments are in certain circumstances inevitable but the unnecessary and unreasonable applications must cease henceforth in the interest of the Bar. I appeal to all members of the Bar to refrain from seeking unnecessary and unreasonable adjournments and to join in ensuring speedy dispensation of justice.

    “The concept of bringing every lawyer to court at 9am daily should be reviewed. The courts in fixing matters should set both a date and a time for the matter. This would allow the time allotted for each matter to be effectively utilised.

    “The heat and humidity of our jurisdiction coupled with the heat generating wigs, gowns and plastic collars commonly in use by our members make it unwise to pack 40 lawyers into one court room which in most cases has no functional air conditioners and even when the air conditioners are functional cannot cope with the heat generated in the packed court room.

    “This situation also facilitates the grant of adjournments as judicial officers often see the need to decongest their jam packed courts.

    Allocation of time to cases would send a clear message to lawyers that the time allocated must be effectively utilised and frivolous applications for adjournment would no longer be the norm.

    “It is encouraging to note that a few judicial officers are already scheduling cases by date and time but the number is too minute to make a meaningful impact. Practice directions should be issued to make this the standard practice in every court.

    “Counsel are increasingly confronted with situations of arriving in Court to learn that the presiding officer has travelled for a conference, a meeting, a party and in most instances for no disclosed reason; and has made no attempt to notify Counsel that the court would not sit.

    We appreciate that emergency situations can arise which make it impossible for a court to sit. There is no issue in respect of such emergency situations.

    “However, the instances where a presiding officer receives an invitation for a conference or other engagement which conflicts with his Court diary but fails to notify the Counsel either by issuing fresh hearing notices; by text messages or email to the phone number or email address provided by the Counsel is not to be encouraged.

    “The practice should be well established that whenever a presiding officer has a good reason not to sit, the Court Registrar should be directed to notify Counsel promptly. Such notice would allow Counsel make better use of their time and may also obviate the need of travelling to the court with the attendant risk involved. Stories of lawyers having ghastly motor accidents on their way to courts that were later discovered not to have sat remain fresh in our memories.

    “We must praise the few courts that are already adopting this approach but believe this practice should be formally adopted by all courts”