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Tag: NBA

  • NBA seeks release of Supreme Court judge’s wife, daughter

    The Nigeria Bar Association, Benin Branch, has called for the unconditional release of Mrs. Bode Rhodes-Vivour and her daughter by their abductors.

    They were kidnapped alongside their driver at Ekiadolor in Edo State while on a trip to Delta State to prepare for the daughter’s wedding.

    Mrs. Bode Rhodes, who is a lawyer, is the wife of a Supreme Court Justice.

    The state Chairman of NBA, Oriane Akere, in a press statement issued in Benin City on Monday urged the Edo State Government to beef up security in the state with a view to safeguarding the lives of people and property across the state.

    Oriane implored relevant security agencies to immediately secure the release of the victims.

     

  • Lawyers pledge to restore NBA’s glory

    Lawyers pledge to restore NBA’s glory

    The newly elected officers of the Ilesa branch of Nigerian Bar Association (NBA) have promised to restore the branch back to its former glory as the cradle branch of legal profession in Nigeria.

    The branch executives led by its new Chairman, Mr Oluwaseun Ajoba, spoke during their inauguration at the branch High Court premises in Ilesa last week.

    The first Nigerian lawyer, Sir Christopher Sapara Williams, is of Ilesa origin.

    Ajoba said the branch has produced many legal giants, including the late Justice Kayode Eso.

    Ajoba said: “Today, we are gathered here to celebrate with Ilesa Bar as we are fondly called by our people in and around here. Ilesa is the cradle of legal profession in Nigeria as the first indigenous Nigerian to study and practise is from here – in person Sir Christopher Alexander Sapara Williams – now late. Aside this Ijesa remains the only people with largest chunk of giants in the profession and the Bench, up to the highest level. Our Kayode Eso, Olayinka Ayoola, Funmi Adekeye all of Supreme Courts and many others at lower bench with several silk among who are: Pa Bandele Aiku, Felix Fagbohungbe, Aluko Olokun and host of others with several attorneys – general, Bola Ige (SAN) the Cicero.

    He said “However, as beautiful as that may sound to the ear, the said cradle has not enjoyed the profession in terms of the practitioners therein and the umbrella branch. This relates to patronage and privileges in the profession. If Nigeria had been America, Ilesa would have been most patronised bar. With either the national government or the national bar being at the forefront of patronizing this bar for being the origin alone. But where we are is where we operate. This is not so in Nigeria and since wishes are not horses we will confine ourselves to operate on the soil we find ourselves. This is the basis of my thinking and I make bold to say our thinking in Ilesabar – that we must move forward.

    Ajoba said: “In our quest to move forward, this administration is bent on lifting Ilesabar to the next level so that within a short time, we may rank as primus inter pares, God being with us. Chief and core among the promises are: Welfare of our members. Repositioning Ilesa Bar in the national relevance. Building the bar centre. Improved Practice. Towards achieving these, this administration intends to execute the following programmes:

    “Floating and sustaining a cooperative scheme for members.Approach financial institutions to assist our members in property acquisition – ranging from as little as laptop, Ipod etc. to automobiles. We are already talking with corporate bodies to help in various stages of this project.

    “Hosting Ilesa Bar website with profile of each member with electronic library. This is targeted to simplify research while also reaching the world.Starting within 60 days the foundation of bar centre and it is also intended to have what is called “D BAR” – where lawyers can relax after each day’s work, meet with clients in a befitting environment in the cool of the day.

    “Engaging in judicial monitoring and advocacy with Law making body and insistence on law enforcement agencies to operate within the law and be more civil in their dealings. Of particular worry is the situation of the bench humiliating lawyers this is humiliation of the bar and since we will not encourage any individual lawyer or the bar to engage in any affront to the bench, it will only be apposite that the bar is given its due respect. It is intended to have monitored happenings ranging from as little as time of sitting of a court to other unusual events to the temperament of a judge or magistrate being exhibited in and to corrupt ones also, by publishing monthly or bimonthly a newsletter which will also be sending to NJC and freely distributed among legal practitioners, judges, magistrates and other stakeholders for their attention and per adventure their action. The bar is the parent of the bench.

    “Despite the above, this administration has a high penchant for harmonious coexistence and intends to work assiduously to achieve this by having a functioning and functional bar/bench forum.It is our further intention to make Ilesabar more relevant and its impact felt by operating a high level and more responsive human right activities in and around the branch.

    “In the light of the above, we shall be seeking your support in terms of advise, grants, donations and gifts in whatever form. It may interest you that we are not allergic to cheques and transfer cash since cashless policy is still only in Lagos

    “Towards actualising these lofty goals and have an association that is truly welfaristic, various committees had been constituted to assist the executive council. And within the few days of the administration, we have been able to have a draft bye laws which had had the first 5 Articles approved with likelihood of completing its passage in very few days time so as send same to NEC for its approval and our use”

  • ‘How to curb judicial corruption’

    ‘How to curb judicial corruption’

    Mr Alex Mouka is the secretary of the Lagos branch of Nigerian Bar Association (NBA). He has been in commercial law practice since 1992. In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, Mouka speaks on legal education, law practice, amendment of NBA constitution, corruption in the judiciary and other issues.

     

    What are your contributions to the politics of Lagos branch of the Nigerian Bar Association (NBA)

    I have been active in the Lagos Branch of the Nigerian Bar Association (NBA) for many years. I am the Secretary of the Branch and a Member of the NBA National Executive Committee ( NEC) . I am also a member of the Steering Committee of the Lagos Court of Arbitration and Treasurer of the Intellectual Property Law Association of Nigeria.

    I have held several earlier positions in the Lagos Branch of the NBA, including Secretary of the Branch Building Committee from November 2006 to July 2009, Member of the 2007 NBA-Lagos Branch Law Week Committee, Member of the 2006 NBA-Lagos Branch Law Week Committee, and Ex-Officio Member of the Branch Executive Committee from December 2005 to July 2007.

    How would you compare and contrast law practice in your early days at the Bar and what we have in the  profession right now?

    I would say things are different now, standards have fallen, integrity and corruption have become serious issues. More lawyers tend to be concerned with expedient results rather than doing the right thing, discipline and ethical considerations appear to have taken a back seat.

    At the same time, organisation of law firms and the way we work has changed tremendously. There are more structured firms and partnerships now. More lawyers specialise in different areas of the law and automation and technology now drive the delivery of legal services. When I started out, not many law firms had computers, but now almost every lawyer uses a laptop and a blackberry phone and can even work on the go.

    How do you feel about the role of Information and Communication Technology (ICT) in law practice?

    I am pleased with the pace of technological advancements in the practice of law. I think the pace can be accelerated a bit more, and that some of the tools and knowledge can be made more accessible to every lawyer. I also consider that the Bar should do more about discipline in the profession.

    Is it lawful, to organise joint military action and apply the rules and techniques of international peace keeping operation against innocent citizens in an attempt to quell domestic insurgency?

    There is a culture of impunity in Nigeria and there is really no respect for human life. Let us start with ourselves. The average Nigerian has become indifferent to the sight of a dead person by the roadside. Regular people like you and I are involved in everyday lynching which we justify as instant justice for people caught in the act of crime. Remember there was a huge outcry a few months ago about the ‘Alu lynching’ but nothing has come out of it.

    This disregard for the sanctity of human life is then escalated at the level of government. There are allegations of routine executions by the Police of suspected criminals in their custody. The government is also quick to give ‘shoot at sight’ instructions to the military and police forces engaged in quelling insurrections and civil disorder.

    It is clear that deploying armed military personnel against innocent citizens and in peacetime is unlawful. Over the last few years, a number of former heads of state have faced trial at international courts for ordering or condoning similar actions. I think our government should really be more circumspect in ordering the military in to quell domestic insurgency.

    How did we get to this point and how best can we resolve this Boko Haram insurgency without wasting innocent civilian lives and what is your view about seeking remedy for victims of this unfortunate joint military action?

    Years of neglect in several aspects of our economic and political life have contributed to leading us to this point and it is now difficult to say how we can resolve the Boko Haram insurgency. As a member of the NBA and an elected officer of the Lagos Branch, I must defer to the official position of the Bar as put forward by the NBA President in endorsing the proposed amnesty deal for members of Boko Haram.

    My personal opinion, however, is that the answer does not lie in amnesty. Amnesty is at best a very temporary palliative and an expensive one at that. I think part of the answer lies in our collective attitude towards terrorism and a determination of what we will or will not accept as a nation. Our security forces need to step up the level of ‘human intelligence’ being employed in the fight against terrorism. They need to be more proactive, rather than reactionary.

    It is amazing that within days of the Boston bombing in the United States, the security forces had identified, traced and apprehended the suspects. Of course, this was due to the widespread use of close circuit cameras (probably every built-up land surface in the United States is covered by close circuit cameras). With our infrastructural and power challenges, we are a long way away from such a solution, but we can start somewhere. I do not see why city-wide CCTV coverage was not integrated into the development plans for Abuja.

    Meanwhile, our security forces can step-up their game. If the same effort that the EFCC puts into investigating white-collar crime is put into crime detection by the Police, we would have fewer unsolved cases. The reality is that, beyond the platitudes that our leaders love to express after every fresh incident, there appears to be neither political will nor focused moral outrage to really catch the perpetrators.

    The constitution of the NBA is undergoing review, which sections would you like to be amended so that we can have a vibrant and strong Bar  that will meet the needs of the 21st century lawyer?

    There have been calls for the amendment of Section 7 of the NBA Constitution (dealing with the Delegates Conference). The thinking is that whilst a Delegates Conference may be adopted for dealing with matters of constitutional amendment, there is no reason why the NBA cannot adopt universal suffrage for the election of national officers. Every lawyer should have a say in deciding who leads the Association.

    Modern technology has made the election of officers for associations and clubs very easy. The Chartered Institute of Arbitrators (UK) Nigeria Branch recently conducted an election of a new Executive Committee using an online voting platform. It was inexpensive, transparent, non-manipulative and demonstrably accurate.

    Corruption has been blamed as a major challenge retarding the development of the country. Do you think the Federal Government has done enough to combat this scourge and what is the way out?

    I think the answer to that question is fairly obvious. I doubt that there is any living Nigerian who actually considers that the Federal Government is really serious about combating corruption.

    The United States Department of State recently issued a damning report on Nigeria indicting the Federal Government of ‘massive and widespread corruption’ and accusing ‘government officials and agencies of frequently engaging in corrupt practices with impunity’. Of course, the Federal Government quickly refuted the report as being skewed and based on faulty parameters.

    I do not have a magic wand answer. But I think two things must happen, Nigerians as a people must come to a determination that enough is enough and we cannot continue this way. At that point, the people must elect leaders who regard corruption as anathema and who would take concrete steps to combat it by prosecuting corrupt persons, and ensuring convictions and sentences that would really be a deterrent. The new crop of leaders would also ensure that processes and systems are transparent so that the urge and opportunity for corruption are eradicated. I think this would be a good start.

    The Chief  Justice of Nigeria (CJN) is trying to fight corruption in the judiciary, how do you appraise her efforts and how do you think we rid the sector of corruption?

    I think Justice Aloma Maryam Mukhtar has started well. Change can start from the top (the leader) or the bottom (the people). It is of course easier, immediately visible and more pervasive when it starts from the top, and a powerful message is sent all the way down. This is what she has started with – the message that judicial corruption would not be tolerated under her watch. I wish her well. We are of course waiting for more cleansing because the reality is that a few bad eggs in the judiciary are tarnishing the collective name. The bad ones make it difficult for people to appreciate that there are actually a lot of very hard-working, intelligent and upright judges in various courts across the country.

    It is widely believed that the NJC has not done enough to curb corruption in the Judiciary, what is your view about this?

    The NJC has been revitalised under the leadership of the CJN and we can expect more from it in the fight to curb and eradicate corruption in the judiciary. We also need to be honest enough to admit that it takes two to tango. Whilst lawyers (and members of the public) are crying about corrupt judges and expecting them to be publicly sanctioned, we must remember that for every corrupt judge there are lawyers who induce them and the clients on whose behest (and with whose money) the lawyers suborn the judges. The NJC is trying to deal with the judges, who will deal with the lawyers and clients?

    Some people have called for the legalisation of illegal refineries in the Niger Delta area of the country. What is your reaction to this?

    I think the issue of the Niger Delta is very knotty. My understanding of the illegal refineries in that region is that they are clandestine operations using very rudimentary (and unsafe) techniques of refining crude oil. To that extent, it is difficult to advocate legalisation of such operations.

    Bad leadership has been blamed for the woes of this country. What is your reaction to this?

    It is the challenge to be the change we want to see. Rather than wait for some messiah to come one day and bring revolutionary change, we should be the change agent and begin to impact our homes, offices and communities positively. We should step-up to the plate and seek out leadership roles rather than warm the seat and expect someone else to do the work of leading us. And whilst we cannot all be leaders, we can be credible followers questioning and calling our leaders to account, whilst holding them up in prayer.

  • NBA, ICPC, others kick against plea bargain, option of fine

    NBA, ICPC, others kick against plea bargain, option of fine

    The Nigerian Bar Association (NBA), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) have said plea bargaining and the option of fine should not be entertained in economic-related offences.

    They spoke yesterday at a public hearing on a bill on the administration of criminal justice, organised by the House of Representatives’ Committee on Justice.

    Mr. Paul Erokoro (SAN), who spoke for the NBA, supported the bill, which puts strict conditions on plea bargain.

    He said extant convention, a situation where prosecutors enter into plea bargain without the Attorney-General’s (AG’s) permission, was abnormal.

    Erokoro said: “It is dangerous to give such wide powers to the prosecutor. No plea bargain should be undertaken without the approval of the AG in writing.”

    He said the NBA supports the provision of the bill that judges be insulated from the nitty-gritty of plea bargaining.

    ICPC also supported the bill, declaring plea bargaining as evil.

    The commission’s representative said: “Justice must be seen and heard as done. It is contrary to fair hearing when plea bargain is entered into between the counsel and the proceeding is not conducted in the open.

    “If the judge agrees, then it is a nullity. Plea bargain should not be entertained in economic and financial matters.”

    EFCC described plea bargain as “a child of necessity that has been widely misunderstood by Nigerians”.

    Lagos State Director of Public Prosecution (DPP), who represented the state’s Attorney-General, said Lagos is cautious on the application of plea bargain.

    On fines, a Federal High Court Judge, Justice Ibrahim Auta, suggested that corruption-related offenses should not have an option of fine.

    He said: “When penalties are stiffened, the incidence of commission naturally comes down, but when they are relaxed, the opposite is the case. Corruption-related offences should not have any option of fine.

    “Most of us still remember the cry that greeted the discretion a judge recently exercised by imposing a N750,000 fine on a culprit, who stole billions of naira.

    “To most Nigerians, that sounded like a slap on the wrist, but if there was no option of fine, at least, seeing the offender cooling off in prison would have been psychologically therapeutic.”

    House of Representatives’ Speaker Aminu Tambuwal said the country needs to pay more attention to its laws, particularly those on criminal justice administration.

    Tambuwal said: “There is no gainsaying our criminal procedure has remained largely old and unresponsive to the demands of the populace for equity, substantial justice and human rights.

    “Indeed, the system of administration of justice in this country has become the Achilles’ heel of the democratic system and a disincentive to economic development, commerce and free flow of investment.

    “It is impossible to have a sound economy without a solid foundation of good laws that can curb anti-social behaviour and other disruptive tendencies.

    “As we develop strategies for economic and other reforms, we also need to develop plans and programmes for creating sound laws and procedural systems consistent with our Legislative Agenda.

    “These are part of the intangible but important infrastructure that would attract investors to come and do business with us. It is a great disservice to our country when our criminal justice system is perceived as inefficient and incapable of punishing wrong doing.”

    “Such a system breeds economic backwardness, which is the major cause of poverty. However, with the administration of the Criminal Justice Bill, the country seems poised to move the system forward.”

    The Chief Judge of Nigeria (CJN), Justice Miriam Alooma-Muktar, who was represented by Justice Kumai Akkas, said the bill, if passed into law, would facilitate the speedy and efficient administration of criminal justice in courts.

    She said: “The problems besetting the procurement of justice in Nigeria are multifarious and multi-dimensional. They range from too many cases in courts to trial delays, denial of justice, inadequacy of judicial personnel, corruption, lack of modern management technology and absence of case management techniques.”

    Chairman of the Committee Ali Ahmad said: “When passed, the bill will significantly improve our Criminal Justice System. It deals fundamentally with the delay in the dispensation of criminal justice.”

     

  • NBA to offer free legal services to rape victims in Jigawa

    The Nigerian Bar Association (NBA) said on Wednesday that its members would provide free legal services to rape victims in Jigawa.

    The Chairman of the association in the state, Mr Adamu Turaki, made the disclosure in an interview with the News Agency of Nigeria (NAN) in Dutse.

    Turaki described the rising spate of rape cases in the state as discouraging and likely to worsen if action was not taken.

    He said that the NBA initiative was motivated by the increase of rape cases recorded in the last few months in the state.

    The chairman blamed some parents for hiding under the umbrella of poverty and refusing to take good care of their wards.

    He, however, urged government to buckle up to the social security and welfare challenges facing citizens to check insecurity in the country.

    “The argument of poverty by some parents is not enough reason for them not to take care of their children.

    “While I call on parents to do their best as God given duty to protect their children from this recurrent ugly incident, I equally call on the government to do more in ensuring that the poverty rate is improved.”

    Turaki expressed the resolve of the association to ensuring that rape cases were diligently prosecuted, irrespective of who was involved.

    He pledged that the association would ensure that justice was done to victims and their families.

    “We at the NBA Jigawa State Chapter will offer free legal services to victims of rape by taking steps to ensure that suspects are brought to book,” he said.

    The chairman urged judges in the state not to take rape offences lightly in view of its gravity and spread.

  • Melaye urges NBA, agency to withdraw Adoke’s SAN

    The Executive Secretary of the Anti-Corruption Network, Dino Melaye, yesterday accused the Attorney-General of the Federation and Minister OF Justice, Mohammed Adoke, of contempt of court.

    He also urged the Nigeria Bar Association (NBA) and the Legal Practitioners and Privileges Committee (LPPC) to withdraw the minister’s Senior Advocate of Nigeria (SAN) rank.

    The former House of Representatives member said this has become necessary because the actions of the Justice Minister were unbecoming of a man of his exalted office.

    Addressing reporters in Abuja, Melaye accused Adoke of alleged “abuse of office and conflict of interest”.

    The politician-turned-activist urged President Goodluck Jonathan to relieve the minister of his job, if his fight against graft is genuine.

    He said: “We are in times of vicissitude and vacillation in Nigeria due to conflict of interest and outrageous use of powers against public interest by the AGF.

    “With abuse of office and conflict of interest rising to its crescendo, we call on the President to immediately sack Mr. Mohammed Adoke as the AGF and Minister of Justice, if his fight against corruption is genuine.

    “We also call on the NBA and LPPC to put their engines in motion and discipline Adoke for gross professional misconduct. The former Minister of Justice, Michael Aondoakaa, was stripped of his SAN for lesser offenCes. So, we implore the NBA to investigate and punish Adoke accordingly in the interest of justice because he is worse than Aondoakaa.”

    Explaining his reasons for expressing anger against the Justice Minister, Melaye said: “The AGF has also shown gross disregard for court orders and judgments. The most recent was the case filed in a Lagos Federal High Court with suit No: FHC/L/CS/514/12 between Mr. Boniface Okezie and the Attorney-General of the Federation and one other.

    “The court ordered that the Attorney-General of the Federation disclose to the plaintiff certain information within 72 hours after the judgment delivered on February 22, 2013. Unfortunately, over a month after, the AGF has not complied with the court order. If the AGF will not obey court orders, then who will in Nigeria?”

    But the Chief Press Secretary to the AGF, Mr. Ambrose Momoh, dismissed the allegations. He urged Melaye to formerly channel his grievances to the ministry for appropriate response.

    Momoh said the politician was entitled to his opinion, adding: “I cannot respond to a press conference that was addressed. I was not there to know what transpired. You will concede to me that it will not be appropriate to respond to what he (Melaye) has said.

    “If he formally presents his allegations to the ministry, there will be an official way of responding to him. I don’t respond to issues like that; Melaye has aired his views and opinions and he is entitled to his opinions.”

  • NBA presents world class membership portal

    NBA presents world class membership portal

    The Nigerian Bar Association under the leadership of Okey Wali, (SAN) has achieved another landmark in the quest for the effective management and administration of its members and activities. The day witnessed an unprecedented deployment and introduction of a world class Bar Membership Portal – the Nigerian Bar Portal, a project directed at the gathering of vital data and information of all lawyers in Nigeria with the aim of having a robust database to enable effective administration/management of NBA members in the country.

    The portal is the end result of a detailed and meticulous study of different membership management software, months of painstaking experimentation, technical support and consultancy by a world class IT firm and a visionary NBA leadership.

    Members will find new membership experience designed to create the link between the Bar and members. The personal relationship between the NBA and members will ultimately lead to a feeling of a shared ownership of the NBA project, each member being a stakeholder in his/her own way. This portal hosted on the new NBA domain www.nigerianbar.org.ng has the following features available:

    a.The list of all the lawyers called to bar and enrolled at the Supreme Court of Nigeria from pre-independence days up until date – This means that the details of all lawyers from the dates preceeding the establishment of the Nigerian Law School, up to those who have recently been called to bar in 2012, are all made available on the portal.

    b.The list of all lawyers who have carried out the lawyers verification exercise commenced by the NBA Database Committee in 2011 . The NBA, with the cooperation of the Supreme Court in 2011, commenced the verification of all persons called to the Nigerian Bar and enrolled at the Supreme court in a project designed to stem the incidents of fake lawyers, assist the disciplinary arm of the NBA in the effective discharge of their mandate and create an authentic and reliable database of lawyers in Nigeria. The database created from the exercise now has updated vital details of members (for example, post call to bar names for the married women amongst us, basic contact information such as mobile/cell phone numbers, email addresses, residential and official contact addresses, passport photographs, etc.). It is these details that made it possible for the portal to be interactive. The end product of a successful verification exercise for any lawyer in Nigeria is to be given an Enrolment Number which uniquely identifies the lawyer all through his or her life and beyond.

    c.Database verification can now be commenced online through the platform and completed at the secretariat of NBA.

    d.The public can easily conduct a search on Nigerian Lawyers using the “find a lawyer” interface on the portal. This will help the association ward-off fake lawyers and enable the public to easily confirm a true lawyer from a fake one.

    e.An online payment platform which manages all the payments that come to the NBA. In other words, payments of the Bar Practicing Fees, Branch dues, Conference Fees, and more can be carried out seamlessly on the portal and the funds go straight to the various designated accounts set up for the collection of such payments. Under this platform, branches of the NBA can utilize the portal to collect their branch membership dues which will go directly into each branch account. Ease of payment through a secured mode is also provided for members wishing to pay with their bank debit cards. Payment receipts is automatically generated and sent to members email address within seconds of payment confirmation.

    f.Another interesting feature of the portal is the Conference/Event Manager. The portal effectively manages all conference registration activities such as payment, accommodation booking/reservation, access to digital brochures, programmes of conferences, etc. In other words, lawyers can now register and make all the necessary payments for our conferences; make and pay for accommodation reservations around the conference centre, from any where in the world.

    g.Personal Profile: All members of the NBA now have a personal profile on the portal where they can carry out their individual activities with an access username and password after signing up on the portal. This profile enables each member to access their bio-data details and update them when necessary. It also gives everyone access to the Payment Menu by which they can carry out payment activities as at when due and receive alerts and notifications on sessions, fora, branch and national news and events, publications, and even ICLE credit grades and units.

    h.Using the “Report a lawyer” link, members of the public can now submit petitions for professional misconduct electronically to the NBA and get instant acknowledgement thereby abridging the delay time in the processing of disciplinary petitions.

    •Email and SMS notifications platform to enable the National Secretariat; section/fora leaders; branch and event planners, reach all members of the Association with minimal effort.

    •News and picture galleries to enable every bar member keep abreast with legal news and upcoming events.

    •Committees, Members and Terms of Reference

    •Branches, Chairmen, Secretaries information

    •Online store which will act as a sales outlet for NBA publications, and materials

    •Law firms/chambers’ registration and Directory to enable the NBA keep record of law firms as well as make the public avoid quacks.

    Most of the services provided will only be assessed by members who have verified and with their enrollment numbers. We hereby urge members to sign up and update their picture on their profile. Happily, the NBA President has directed the NBA Database Committee to continue the verification exercise at the venue of every programme of the NBA including NEC meetings, Sections Conferences, Annual General Conference, etc. Our consultants has assured us that the portal and all information contained therein is secured.

    The 26th President of the NBA, Okey Wali, SAN had this to say during the conclusion of his presentation speech:

    “In the 21st century where every facet of life is going digital as to foster transparency, accountability and easy administration and management, the Nigerian Bar, being the foremost in Africa and the Middle East, cannot afford to do less. I therefore call on all lawyers in the country to embrace the portal, use it and recommend more ways in which the current digital gains can be sustained and improved upon. Today, I, on behalf of the Executive Members of the Nigerian Bar Association, therefore commission this portal for the good of the Bar, promotion of law and in the best interest of Nigeria.”

    From the NBA secretariat, we will eagerly await the feedback from members using the feedback link on the website as we hope to be enriched therefrom.

     

     

     

  • Ezu River corpses may be victims of extra-judicial killings – NBA

    Ezu River corpses may be victims of extra-judicial killings – NBA

    The Nigerian Bar Association (NBA) suspects that the floating corpses found in Ezu River, Anambra State might be victims of extra-judicial killings by security agencies.

    The umbrella body of lawyers in Nigeria also lamented that over N16 trillion worth of crude oil was stolen between 2003 and 2008, and 2011 and 2012.

    The association said it has information that over 200,000 to 300,000 barrels of crude oil were also stolen per day in the year 2000.

    It promised to refer the matter to its anti-corruption commission for full investigation.

    The NBA President, Okey Wali (SAN) who addressed reporters in Abuja on the outcome of the National Executive Committee (NEC) meeting held in Makurdi said the Federal Government must set up judicial commission of inquiry to investigate the Ezu River matter.

    He explained that the investigation became necessary following the report of NBA adhoc committee.

    Wali said, “NEC resolved that in view of the seriousness of the allegations on the possibility of the corpses being victims of extra-judicial killings, that a judicial commission of inquiry should be set up to look into the matter.

    “NEC hereby calls on the President of the Federal Republic of Nigeria, His Excellency, Dr. Goodluck Ebele Jonathan, GCFR, to set up a high-powered Presidential Judicial Commission of Enquiry to investigate the causes of death, source and identity of the floating corpses with a view to bringing any culprit(s to book.

    “NEC, again, observed that security of lives and property of Nigerians should be of paramount importance to government and called upon the Federal Government of Nigeria to take the issue of security more seriously and to make every effort to address the menace of terrorism, kidnappings and assassinations.

    “NEC calls on the government and security agencies to act on the report of the NBA, Peace and Security Summit submitted to them by the Nigerian Bar Association.”

    The NEC condemned states that have refused to conduct Local Government elections.

     

  • NBA to sue govt over anti-money laundering requirement

    NBA to sue govt over anti-money laundering requirement

    The Nigerian Bar Association(NBA) may sue the government over a new requirement that lawyers should get registered to check those of them who aid money money laundering.

    Its National Executive Committee (NEC) has mandated the body to take legal action against the the Economic and Financial Crimes Commission (EFCC) and the Ministry of Trade and Commerc.

    It is over the recent directive of the Special Control Unit Against Money Laundering (SCUML), that lawyers must register with it before February 1 to ensure compliance with the Money Laundering Act (MLA) 201.

    It is said to be part of the country’s Anti-Money Laundering and Combating of the Financing of Terrorism (AML/ CFT) regime

    NBA President Okey Wali (SAN) had briefed the association after his interactions with officers of the Unit, who visited him at the NBA secretariat in Abuja to seek collaboration with the NBA on how to implement this law among lawyers.

    Officers of the Unit were invited to explain their position to lawyers at the NEC meeting in Makurdi, Benue State.

    At NEC, officers of the agencies made efforts to explain their position on the matter and concluded that the law as it were, was not properly drafted, because the Unit never expected lawyers to report every transaction above $1,00 as presently contained in the law.

    Rather the law expects the lawyer to report suspicious transactions of that amount to the Unit.

    A memonrandum by the Lagos branch of the NBA to the NEC on the same issue was circulated , read and discussed.

    Following the deliberations, NEC decided to challenge the law’s validity in court.

    NEC considered as unacceptable and a violation of the law on confidentiality, the direction of the EFCC that Legal Practitioners in Nigeria should report to it lodgments in the bank of money above $1,000 on behalf of their clients.

    It authorised the leadership of the association to institute legal action challenging the law if the need arises.

    The Lagos NBA memo reads in part: “The Lagos branch has noted with concern the recent directive of the special Control Unit Against Money Laundering (SCUML) that lawyers must register with the unit before February 1, 2013 in order to ensure compliance with the Money Laundering Act 2011(MLA) as part of the country’s Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) regime. According to Section 5(6) of the legislation, there is a daily fine of N250,000 for failure of any DNFIs (Designated Non-Financial Institution) to comply with the law’s customer identification requirements and failure to submit transaction returns every 7 days.

    “The Money Laundry Act, 2011 defines DNFIs as “dealers in jewellery, cars and luxury goods, chartered accounts(sic), audit firms, tax consultants, clearing and settlement companies, legal practitioners, hotels, casinos, supermarkets, or such other businesses as the Federal Ministry of Commerce may from time to time designate”. Legal practitioners are listed in the law as DNFIs.

    “The dangers posed by the current AML/CFT regime on Legal Practitioners have been highlighted by the American Bar Association (ABA) in a statement which we quote below: “Lawyers should be extremely concerned because (US) Congress is considering legislation that would impose burdensome and intrusive gatekeeper regulations on lawyers, including measures that could subject the legal profession to key AML compliances of the BSA. Of enacted, this legislation would undermine the traditional role of state courts in regulating lawyers, erode the attorney-client privilege and interfere with the role confidential attorney-client relationship, impose excessive new federal regulations on lawyers engaged in the practice of law, and impinge on the delivery of legal services in general.’

    “The requirement for lawyers registration and the rendering of periodic reports on his client’s financial activities are clearly in conflict with the express provisions of the Rules of Professional Conduct for Legal Practitioners in Nigeria (RPV) 2007, the Evidence Act 2011 and the common law rule against self incrimination.

    “The rule which requires a report on every transaction of N150,000 and above(less than $1,000) without linking it to suspicion criminal activity impact upon and destroys the Attorney-Client confidentiality rule.

    “The NBA must support the Federal Government in its efforts to combat money laundry and terrorist financing, these actions should be conducted in a manner that is consistent with the ethical rules and standards that regulate our profession, it said.

    “NBA Lagos Branch wishes to draw the attention of the National Executive Committee to the status of SCUML.”

     

    The legality of SCUML

     

    According to NBA Lagos memo, the special Control Unit against Money Laundering (SCUML) was established as a specialised unit of the Federal Ministry of Commerce and Industry by the Federal Executive Council of Nigeria (Decision N0. EC (2005) 2861) in September 2005. SCUML was given the responsibility of carrying out the statutory role of the then Federal Ministry of Commerce and Industry (FMC & I) as spelt out in the Money Laundering (Prohibition) Act, ML(P)A 2004.

    It said SCUML is not one of the agencies set out in either the MLPA 2011 or the MLPA 2004 to regulate DFNIs. Accordingly, the legality of SCUML is doubtful, more so as the Minister is not specifically empowered under the MPLA to set up any such unit and there is no saving provision in MLPA 2011.

    Under section 5(4) of the Act, the Minister in the Federal Ministry of Commerce charged with responsibility for matters pertaining to commerce is empowered to make regulations guiding the operations of DBFIs. Section 5(5) enables the EFCC to “demand and receive reports directly from” DNFIs. Under section 5(6), DFNIs that failt to “comply with the requirements of customer identification and the submission of returns” are liable to a daily fine of N250,000 for the period of default. However, it should be noted that by section 5(1), the Minister’s power to make regulations is limited to DFNIs “whose business involves the use of cash transaction”.

    It is, therefore, doubtful whether the Minister can make regulations relating to other aspects of the MLPA which also concerns DFNIs/Legal Practitioners as there is no omnibus clause empowering the Minister to make regulations for the enforcement of other sections of the Act. In addition the extent the SCUML’s mandate is limited by Section 51) to “occasional cash transactions” by DFNIs.

    Furthermore, and as a policy matter (especially in the light of the CBN circular), the FATF have, since 2008, recognised that the 2003 recommendations – on which the MLPA 2011 is clearly based-required review. The guidelines for the legal profession suggest that AML CFT regulations adopt a risk based approach, as opposed to the “one size fits all” approach manifest in the MLPA 2004 and 2011.

     

    The way forward

     

    The NBA Lagos Branch said: “The requirement for registration should be opposed as being unnecessary and unduly burdensome. The obligation to report should be on the bank where the financial transactions are consummated and they have records of the account owners. Additional Know Your Customer (KYC) requirement should not be predicated on registration with SCUML. Any KYC requirement which imposes a duty to register with SCML should be opposed as indirect regulation of the legal profession. Banks can carry out their customer checks as much as they can in order to ascertain their customer’s identify and business. It remains the duty of banks to do a KYC of their customers. Other persons not regulated by CBN should not be compelled to be subject to its regulation or that of any other Government agency.

    “Litigation against the government and its agencies to challenge the validity of the blanket provision requiring registration with SCUML and supervision of legal practitioners by MDAs outside the legal profession is the most viable option

    “The legality of SCUML should be contested, given that there is seemingly no express provision establishing the unit under MLPA 2011, nor is the Minister empowered in that regard. Further, there is no saving provision that may have preserved such a unit under the new regime. Any action would need to be accompanied by an application to restrain the Ministry of Trade and Investment, the EFCC and any other federal agency charged with the enforcement of the legislation from seeking to enforce it during the pendency of the litigation.

    “Litigation should be instituted that forcing lawyers to submit to AML/CFT laws aimed at tracking money laundering and the flow of cash to terrorists would override solicitor-client privilege and thus violate extant laws/regulations and the Constitution. The 10-year legal battle between Canadian legal practitioners and the government in the celebrated case of RE: Federation of Law Societies of Canada v. Canada (Attorney-General), 2011 BCSC 1270 (CanLII) is a veritable guide as the points of law to be canvassed. The matter was decided in favour of the legal practitioners. A full text of the judgment is available at http://www.canlii.ca/en/bc/bcsc/2011/2011bcscl270/2011bcscl270.pdf

    “While litigation is ongoing, the NBA should engage with the government through SCUML, the Federal Ministry of Trade and Investment, the Attorney-General of the Federation and the Central Bank of Nigeria (as well as EFCC, SEC, NDLEA etc) to enable the legal profession to be self-regulating in accordance with the most recent FATF guidance. The following areas of engagement are relevant:

    Persuade the Minister to delegate the AML/CFT responsibility for regulating the legal profession to the NBA or to the Legal Practitioners Disciplinary Committee.

    “The NBA should investigate the composition of the National Advisory Council of Designated Non-Financial Institutions which is charge with the financial institution against money laundering and countering financial of terrorism in Nigeria. The committee is/was chaired by the representative of ICAN while the Secretariat is located in SCUML. The NBA is supposedly presented on this council.

     

    Conclusion

     

    “To be seen as a viable self regulatory organ, the NBA needs to prepare and adopt strong AML provisions for the provisions for the profession. In 2008 the FATF issued AML guidance to the legal profession, which proposed a risk based approach, and these documents are all a ready source upon which any Nigerian provisions may be based.

    “The NBA should liase with the appropriate agencies and ministries, and state clearly in the AML Regulations (yet to be drawn) how the Association intends to take punitive measures against practitioners who aid Money Laundering and Terrorism Financing (assuming there are any) through their firms and expertise.

    “In the interest of the profession, more emphasis should be laid on the need to ensure that control of the Money Laundering and Terrorism Financing with the aid/assistance of Legal Practitioners be addressed by a committee to be inaugurated by the Nigerian Bar Association for that purpose.”

    President, Common Wealth Lawyers Association (CLA), Mrs Boma Ozobia told The Nation: “It is clear from the presentation of the officer to the NBA NEC that there is a fundamental misunderstanding of the role of lawyers and the level of involvement we have in our clients’ businesses. As legal advisers to clients on transactions ranging from conveyancing to acquisitions, we may find that we have to hold funds in escrow in a client account, this does not mean that we participate in business with our clients.

    “More importantly, these regulations are intended to prevent money laundering, in line with the global standards imposed on the legal profession in England and Wales or the United States of America for instance.

    “Lawyers should, therefore, not be subjected to more onerous reporting requirements than their colleagues in these jurisdictions. As a solicitor qualified to practice law in England and Wales, I can assure you that I do not have to report every transaction with a value of $1000, why should I have to do so as a Nigerian lawyer? The law and ensuing regulations as currently drafted places an unacceptable burden on the Nigerian legal practitioner and does not take into account our rules of professional conduct and the duty of confidentiality it imposes on us. It is clear to me that the NBA ought to challenge this law in Court, it cannot stand in its current form in relation to the legal profession.”

    Former Vice-President of the NBA and a promonent member of Lagos branch, NBA, Chief Funke Adekoya (SAN), said: “I don’t think that the NBA is left with any other choice but, to challenge the law because we have tried to engage with the powers that be to explain to them that we do not think that the way the law is being implemented is the way it is supposed to be implemented. Unfortunately, even though it seems as if the Financial Intelligence Unit understands the position of the FATF and the guidelines, but it seems that SCUML did not understand.

    “They are asking us to report all transactions on our accounts without any proof or feelings of any criminal activity. We believe that that breaches legal regulations under the Evidence Act. It breaches the right of privacy under the constitution and that is what we want to test. We hope that we will be able to reach an agreement with the government. We support the government in the effort to check money laundering and terrorist financing, but we don’t think that we should be breaching the law to do so”

  • Floating bodies: NBA calls for judicial commission of inquiry

    Floating bodies: NBA calls for judicial commission of inquiry

    • Calabar to host annual conference

    The National Executive Committee (NEC) of the Nigerian Bar Association (NBA) has called on President Goodluck Jonathan to institute a high-powered judicial commission of inquiry to unravel the mystery behind the floating corpses discovered on Ezu River between Anambra State and Enugu States.

    NBA condemned the development and called on government to to probe the cause of death of the bodies found, where they came from and their identities, and to bring those responsible to book.

    On January 19, about 40 corpses were found floating in the river. The dead bodies have remained a mystery, because nobody had come to claim any of them.

    There was no report of communal clashes or any boat mishap in or around the communities in the State.

    There was also no report of any missing person from any of the communities around the place where this bizarre incident occurred.

    To the NBA, this amounted to gross human rights violation, and a degradation of human life.

    Consequently, the association considered the possible human rights violations involved in the incident and the urgent global importance of getting to the root of the matter.

    Wali set up a committee to follow up and monitor the incident and report to the National Executive Committee (NEC) of association.

    The committee, which has the First Vice-President of the NBA Mr O. J. Erhabor as chairman and former chairman of Abakaliki branch, Mr. Anthony Oka, as secretary, swung into action immediately after its inauguration on February 29.

    Submitting its interim report, Erhabor thanked the president for setting up the committee and giving the members the opportunity to serve.

    He said the committee visited some places and had interviews with the traditional Ruler of Amansea Community Igwe Kenneth Okonkwo and the Police Public Relations Officer (PPRO) Anambra State Police Command, Emeka Chukwuemeka.

    They also spoke with the Commissioner for Local Government and Chieftaincy Affairs Mrs Azuka Enemo and the Commissioner for Health, Dr Lawrence Ikeazor.

    They were unable to reach the Deputy Governor, as they waited for hours in his office and left when they were not attended to.

    “The committee interviewed several persons from Amansea community, who witnessed the incident firsthand before stakeholders came to the scene before arriving at the interim report,” Erhabor said.

    Meanwhile, NBA at its NEC meeting approved the bid by Cross River State to the host the 2013 Annual General Conference of the association in Calabar, the State capital.

    The NEC also approved the theme “Law, leadership and challenges of nationhood in the 21st Century Nigeria” and different categories of fees for the conference from one-year old lawyers to Senior Advocates of Nigeria and political appointees who are members of the profession.

    From the scale of conference fees approved by the NEC, there is a gap between fees to be paid by the early birds and those that will pay at the conference venue.

    The Chairman of the Technical Committee on Conference Planning, Chief Joe Agi (SAN), told The Nation: “ We took our time in fixing the conference fees so that our members will take advantage of the disparity in fees to pay for the conference on time.

    “We encourage lawyers to pay for the conference on time so that we can make budget and adequate plans for lawyers attending the conference.

    “We wish to discourage a situation where lawyers come to conference venue at the dying minute to pay for the conference, this is not good at all because it stretches available resources and facilities.”