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Tag: Nigerian Bar Association (NBA)

  • Ex-NBA chairman escapes kidnap attempt

    A former Chairman of the Nigerian Bar Association (NBA), Benin branch, Barr. Razaq Isenalumhe, on Tuesday night escaped being abducted by gunmen suspected to be kidnappers.

    Barr. Razaq however escaped with injuries.

    It was learnt that the gunmen had waylaid him at his residence along Upper Mission extension road and attempted to take him away in his Toyota Spider Saloon car.

    Sources he managed to escape but the gunmen left with his car which has been recovered by the police.

    Read Also: Breaking: Gunmen abduct father of Bayelsa LG chairman

    Publicity Secretary, NBA Benin branch, Douglas Ogbankwa, who confirmed the incident said: “The vehicle of the  former NBA Benin chairman Razaq Isenalumhe Esq.,-a Toyota Spider Saloon Car which was used to kidnap him albeit for a short while, as he escaped miraculously, has been recovered this morning by the Police.

    “The former Chairman is hale and hearty but is being attended to for the shock he received as a result of the incident.

    “We are calling an emergency meeting this evening because we are becoming worried at the level of kidnap of our members and even the killing of some”.

  • After 23 days, EFCC frees ex-NBA Vice President, Monday Ubani

    The Economic and Financial Crimes Commission (EFCC) at about 11am today released a former 2nd Vice-President of the Nigerian Bar Association (NBA) Monday Ubani, after 23 days in its custody.

    Ubani was arrested and detained on March 19, along with ex-Senator Christopher Enai for allegedly failing to produce a former Managing Director of Nigeria Social Insurance Trust Fund, NSITF, Mrs. Ngozi Olejeme, who both men stood for as sureties.

    Read Also: Alleged fraud: EFCC opens case against bank, staff

    Olojeme is facing a N6.4billion fraud charge preferred against her by the EFCC.

    Ubani had maintained his innocence over Olejeme’s disappearance insisting that she absconded after the EFCC raided her home

    He also stated that his decision to stand surety for Olejeme was because he compelled her to return to Nigeria to face the charge against her and all effort to secure her bail was frustrated by the EFCC.

  • Updated: Supreme Court frees PDP, Oyinlola’s lawyer, Kalejaiye disbarred for misconduct

    The Supreme Court has set aside the May 21, 2015 decision of the Legal Practitioners Disciplinary Committee (LPDC) which disbarred Senior Advocate of Nigeria (SAN), Kule Kalejaye for engaging in professional misconduct.

    Kalejaye, who was once a lawyer to the People’s Democratic Party (PDP) and then Governor of Osun State, Olagunsoye Oyinlola, was found by the LPDC to have engaged in an ex-parte confidential communication with the Chairman of the 2008 Osun Governorship Tribunal, Justice Thomas Naron, a decision he appealed.

    In a unanimous judgment on Friday, a five-man panel of the Supreme Court upheld Kalejaye’s appeal on the grounds that the trial procedure at the LDPC was flawed.

    In the lead judgment, Justice Centus Nweze upheld Kalejaye’s argument of being denied fair hearing in the course of trial before the LPDC.

    Justice Nweze noted that some members of the panel of the LPDC, who did not partake in the trial and were not in a position to observe the demeanour and candour of witnesses, as required, partook in the writing of the judgment.

    The judge, who upheld the appeal and set aside the decision by the LPDC, failed to make any consequential orders, on the grounds that the appellant did not pray for such orders.

    Other members of the panel: Justices Musa Datijo Muhammad, Kumai Aka’ahs, Amiru Sanusi and Sidi Bage, agreed with the lead judgment.

    The LPDC had, in its directive issued on May 21, 2015, found Kalejaye guilty of professional misconduct and directed the Registrar of the Supreme Court to delete his name from the roll (list) of legal practitioners in the country.

    Kalejaye’s trial was as a result of the recommendation by the National Judicial Council (NJC), which investigated a petition against Justice Naron (then of the Plateau State High Court).

    In its decision, given in February 2013, at the conclusion of its hearing in the petition against Justice Naron, recommended the judge’s compulsory retirement.

    Justice Naron, had been accused of being in constant and regular voice calls and exchange of mms and sms (text) messages with one of the lead counsel during the Osun governorship election dispute before his panel.

    The NJC found Justice Naron guilty of misconduct contrary to the Code of Conduct for Judicial Officers, as provided in  Section 292 (1) (b) of the 1999 Constitution.

    It proceeded to recommend Kalejaye to the Nigerian Bar Association (NBA) to be subjected to necessary disciplinary measures, following which the lawyer was tried and convicted, a decision he later appealed at the Supreme Court.

    Kalejaye, in his appeal, faulted the findings by the LPDC and argued that the committee erred in law for holding that he did communicate with the now retired Justice Naron.

    Read Also: Supreme Court affirms N1b debt owed Imo Govt.

    “The appellant, from the onset, denied any communication with the said judge. There was no evidence before the committee on what was communicated between the appellant and the said judge. The purported call long did not show the content of the said communication.

    “It was too simplistic for the committee to hold that any communication in this case between a lawyer and a judge without evidence of the content of such communication amounted to infamous misconduct,” he said.

    Kalejaye also contended that the complainant, the Nigerian Bar Association (NBA), “did not prove the elements in the three count charge as alleged before the committee (LPDC).

    “The committee placed heavy reliance on record of proceedings contained in the call logs which were computer generated but did not satisfy the requirement of the Evidence Act.No witness gave evidence on behalf of the complainant.”

    Kalejaye equally argued  that the LPDC misdirected themselves in law and in fact when it held that, though the defence of spoofing availed the appellant, “the failure of the appellant’s expert to demonstrate using MTN to MTN network instead of Glo to Airtel was fatal to the appellant’s defence of spoofing.”

    The lawyer also faulted the decision of the LPDC on the grounds that the committee erroneously held that the Certified True Copy (CTC) of documents, which contained call logs from computer generated source, do not require any compliance with Section 84 of the Evidence Act, once it has been certified.

    The appellant contended in ground four that “the direction (the judgment) is against the weight of evidence”.

    Kalejaiye also argued that the committee misdirected its in law and fact when it held “that it was the duty of the appellant to call the MTN service provider as his witness instead of relying on the MTN letter alone.”

    He equally argued that the committee “erred in law when it allowed the complainant to reopen its case and call additional witness after it has closed its case, “when the conditions for such reopening, as stated by the Supreme Court in Wiloughby v. IMB Ltd (1987) 1 SCNJ 46 at 70 -58 were not satisfied.”

  • Onnoghen’s trial: Tension as NBA queries prosecuting SAN, may impose sanctions

    The Nigerian Bar Association (NBA) has fired a query at Mr. Aliyu Umar (SAN), the prosecutor of the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen in the ongoing trial at the Code of Conduct Tribunal (CCT) for taking up the brief.

    The association accuses Umar of professional misconduct for accepting the brief.

    It says the senior lawyer’s action contravenes Rule 15 (3) (a) (b) and (c) jointly or severally of the Rules of professional conduct for legal practitioners.

    The query is now generating bad blood in the Bar along North-South divide following an alleged secret move to de-robe and delist Umar as a lawyer because the NBA demanded a copy of his Call to Bar Certificate.

    Some lawyers from the North are threatening to fight back on Umar’s behalf.

    The SAN himself    has fired back at the NBA leadership

    The NBA, in the February 12, 2019 query signed by its General Secretary, Gunu Taidi, directed Umar to respond to the allegation of professional misconduct against him.

    It said: “We received a petition against you and hereby forward a copy for your response within twenty one (21) days.

    “Your response should be in three (3) copies accompanied by a witness statement of your good self sworn before a Magistrate Court, High Court, National Industrial Court or Federal High Court in addition to the sworn witness statement of any witness (es) you may wish to call during the hearing of the petition and attach passport photos of the respective witness (es).

    “Please state your full name, Supreme Court enrolment number, contact address, phone number and email address in your response and attach a copy of your Call to Bar Certificate.

    “The response should be addressed to: The General Secretary Nigerian Bar Association, National Secretariat, Plot 1101 Cadastral Zone A00 Central Business District Abuja.

    “Please take note that your response may be forwarded to the petitioner for his/her reply or reaction to your defence.

    “Further note that a Panel may dispense with the hearing of the parties to a petition if in its opinion, a prima facie case has not been made out against the Respondent in reliance on the documents before it:

    (A)   Where a Panel finds that a prima facie case has been made out against a Respondent in reliance on the documents before it, it must expressly state so with or without giving a detailed reason of the basis of its decision.

    (B)    Where a Panel finds that a prima fade case has not been made out against a Respondent in reliance on the documents before it or based on evidence led before it, it shall dismiss the petition with or without giving a detailed reason of the basis of its decision.

    “For further enquiries, please place a call through to the NBA Disciplinary Hotline 07080932564 or email us on legal@nigerianbar.org.ng

    The NBA premised the query on a January 15, 2019 petition by another lawyer Mr. Onyeamaechi Bob James.

    James, in the petition through the law firm of Bob James and Co said: “We are constrained to petition your office against Mr. Aliyu Umar (SAN) for conduct which violates Rule 15 (3) (a) (b) and (c) jointly or severally of the Rules of professional conduct for legal practitioners. TH ACTS

    “Mr. Aliyu Umar (SAN) is prosecuting counsel in the case of FRN (Federal Republic of Nigeria) vs. Justice Walter Onnoghen in the Code of Conduct Tribunal Abuja.  Justice Walter Onnoghen. GCON is Chief Justice of Nigeria. He is being prosecuted in the tribunal on a six-count charge.

    “In Nganjiwa vs. FRN, the Court of Appeal held that a prosecution cannot be commenced against a serving judicial officer who is subject to the disciplinary powers of the NJC unless the NJC has first considered the facts or circumstances that form the subject matter of the proposed prosecution. That is the position of the law in Nigeria today until set aside by the Supreme Court.

    “Relying on that law, the Code of Conduct Tribunal in 2018 in an earlier case involving Hon Justice Ngwuta struck out the charges then pending against him.

    “By order 15 (3) (c), a lawyer shall not “Knowingly advance a claim or defence that is unwarranted under existing law”, but he may advance such argument or defence ‘if it can be supported by argument in good faith for an extension, modification or reversal of existing law. “

    “Mr. Aliyu in prosecuting the CJN in the Code of Conduct Tribunal is knowingly prosecuting a case that was dead on arrival, and it cannot be said that he probably intended a modification or reversal of existing law because the Code of Conduct Tribunal being inferior to the Court of Appeal cannot modify or reverse the court of appeal’s decision in Nganjiwa.

    “Clearly, the conduct of the learned silk brings the legal profession into disrepute. It is a precedent that if allowed will encourage lawyers nationwide to embark on litigation that will serve to subvert legal institutions and make mockery of the litigation process.

    “If Mr. Aliyu Umar gets away with this act, a lawyer in Abia can collect money from a man based in Kano who is claiming land located in Kano from another man based in Kano to file a suit for declaration of title in Umuahia High Court. Junior lawyers will start collecting money from clients to file cases that, in the language of rule 14 (2) (e) are ‘hopeless”, which is nothing but obtaining money by false pretences, and the mass media will become awash with stories of lawyers being a profession of 419 people.

    “I urge you sir to use your good offices to cause a detailed investigation to be made into the role of Mr. Aliyu Umar (SAN) in this matter.”

    It’s an inspired petition, says Umar

    However, Umar in his response dated March 5, 2019 said the petition was ‘inspired’.

    His words: “Please refer to your letter concerning the above petition, which you attached to your letter to me. Having studied your said letter dated 12th February, 2019 and the petition dated 15th January, 2019, I wish to make the following observations. (But I don’t intend to respond to your letter or the Petition for now until the Prosecution I am doing has been determined by the Tribunal).

    “(A) Mr. Honourable Secretary on 4th January, 2019 there was team of lawyers on behalf of the NBA. Claiming to be holding its brief and the association have been at the Tribunal on any day of its sitting, diligently observing the proceedings. So your inspired petition has no basis as the charge is still alive and was not “dead on arrival”.

    “(b) In your letter you stated that “a Panel may dispense with the hearing of the parties to a petition if in its opinion, a prima facie case has not been made out against the Respondent in reliance on the documents before it”. This clearly established that, you have documents in your possession which you did not make available to me.

    “(c) Solicitors and Advocates of the Supreme Court of Nigeria have been accepting briefs to either defend or prosecute Defendants in criminal cases, and this is to the knowledge of the NBA. But, there was never a time when an attempt was made to intimidate the counsel by an inspired petition.

    “You may or deliberately refused to remember the Prosecution of the Senate President and two former Chiefs of Air Staff, and Honourable Farouk Lawan which are pending or unsuccessfully conducted.

    “If I may venture to add, a prosecutor’s conduct can only be found unethical after conclusion of a case but depending only on how he conducts himself or the prosecution of the case.

    “Your haste to find a person who will petition against me shows the bias of my association at this point in time. And if I may say, the association is supposed to protect/ discipline members irrespective of geographic locations or any other bias.

    “My certificate of Call to Bar is far away and I cannot now fish it out. I need time to do that, I will not be distracted.

    “My intention in this matter is to present the facts as investigated to enable the tribunal come to a just conclusion.

    “It is in the interest of the association, the Judiciary and the legal profession as a whole that the public do not perceive conspiracy by the legal profession simply because one of our own is a defendant.

    “For the reasons above, I do not wish to put in any response. I hope my association will wait until I have completed the prosecution, then you can charge me with anything you want. I will then have a lot of things to say.”

    A Senior Advocate of Nigeria, who spoke in confidence, said: “The NBA must watch it to avoid splitting this association along North-South divide. Some lawyers from the North are unhappy and they are also threatening showdown if anything happens to Umar.

    “The NBA cannot afford to return to the crisis of the 1990 during Priscilla Kuye’s tenure. We should allow the law to run its full course to save the bench and the bar.

    “I think the bar should not join this fray at all other than being a peacemaker.”

    The CJN is facing a six-count trial at the Code of Conduct Tribunal (CCT).for allegedly not declaring some of his assets,

    Although Onnoghen initially refused to appear before the tribunal, a bench warrant was later issued by the Chairman of CCT Mr. Danladi Umar.

    Following Onnoghen’s appearance, the CCT chairman revoked the bench warrant and adjourned the trial to March 11.

    But ahead of the resumption of the case, NBA has decided to probe some allegations against the prosecutor, Mr. Umar Aliyu (SAN) who was hired by the Federal Government.

  • Alleged N25m fraud: former NBA chair arrested

    Former Chairman of the Nigerian Bar Association (NBA), Ikeja branch, Yinka Farounbi, was yesterday arrested by the Economic and Financial Crimes Commission (EFCC), for alleged N25 million fraud.

    Farounbi’s arrest during the general monthly meeting of the NBA, Ikeja branch, held at the Bar Centre, old Secretariat, Ikeja, GRA, followed his refusal to honour an invitation sent to him by the commission.

    Three members of the NBA, Ikeja chapter, including Gabriel Opayinka, were alleged to have petitioned the EFCC alleging N25 million fraud during the last administration led by Adesina Ogunlana.

    It was gathered that Ogunlana was recently released after spending three nights in EFCC custody over the same issue.

    Ogunlana was said to have been arrested at his Ikorodu Road, Onipanu law firm after his initial refusal to honour the anti-graft agency’s invitation.

    The Nation learnt that Farounbi was invited for interrogation by the EFCC when investigation showed that he was still signing bank cheques despite that his tenure had lapsed.

    It was gathered that Farounbi and another signatory were prevailed upon to sign cheques to execute urgent programmes of the branch, as the Ogunlana led executive were yet to effect change of bank signatories as a result of the crisis that engulfed the bar after their election.

    A source within the bar said the meeting of the lawyers was in progress when it was suddenly interrupted by the arrival of the EFCC operatives.

    On arrival, the EFCC officials were said to have asked for Farounbi, saying they wanted to arrest him.

    The Chairman of the branch, Dele Oloke, was alleged to have identified Farounbi to the EFCC operatives for arrest, a development that infuriated the lawyers.

    It was said that Opayinka and two others owned up to the petition submitted to the EFCC alleging N25million fraud in the bar.

    The source said the situation turned into a chaos, as lawyers, who were not happy about the invasion of their meeting, resisted Farounbi’s arrest and slammed the branch Chairman, Oloke, for not protecting the former chairman.

    In the crisis that ensued, a female operative of the EFCC was allegedly assaulted before they retreated.

    The development made the EFCC operatives to call for reinforcement from their office.

    However, before their arrival, Farounbi surrendered and was driven away in a Toyota Hiace bus marked BWR 643 GA at about 15:35pm.

    With the arrival of the reinforcement, the injured female EFCC operative, whose jacket was torn, and her colleagues said they would not leave the centre until those who assaulted her were arrested.

  • Second judge withdraws from NBA President’s N1.4bn case

    Justice Chuka Obiozor of the Federal High Court, Lagos yesterday withdrew from the trial of Nigerian Bar Association (NBA) President Paul Usoro (SAN).

    Usoro is facing N1.4 billion fraud charges.

    Usoro was first arraigned before Justice Muslim Hassan on a 10-count charge.

    He pleaded not guilty.

    Justice Hassan later withdrew from the case.

    Others charged with Usoro are Akwa Ibom State Commissioner for Finance Nsikan Nkan; Accountant-General Mfon Udomah; Attorney-General Uwemedimo Nwoko and Margaret Ukpe, said to be at large.

    Also named in the charge is Governor Emmanuel Udom, “currently constitutionally immune from prosecution”.

    Usoro was to be re-arraigned before Justice Obiozor, but the judge recused himself for personal reasons.

    Read also: Salesman accused of stealing pure water

    “For personal reasons, I hereby disqualify myself from handling the case.

    “I hereby return this file to the Chief Judge for reassignment to another judge,” Justice Obiozor ruled.

    Prior to Usoro’s arraignment before Justice Hassan on December 18, his lead counsel, Chief Wole Olanipekun (SAN), informed the judge of a December 17 letter to the Chief Judge seeking the transfer of the case to another judge for an undisclosed reason.

    Olanipekun said Usoro would want the case be transferred to either Uyo, the Akwa Ibom State capital, or Abuja.

    He said if the case would remain in Lagos, it should be transferred to “any other honourable judge apart from my noble Lord”.

    The Economic and Financial Crimes Commission (EFCC) alleged that the defendants committed the offence on May 14, 2016.

    The commission alleged that Usoro conspired with others to commit the offence within the jurisdiction of the court.

  • Onnoghen: Agbakoba sues NJC, seeks declaratory reliefs

    A former president of the Nigerian Bar Association (NBA) Mr Olisa Agbakoba (SAN) has approached a Federal High Court in Lagos, challenging the suspension of Justice Walter Onnoghen as Chief Justice of Nigeria (CJN).

    In the suit, Agbakoba joined the Attorney General of the Federation (AGF) and the National Judicial Council (NJC) as first and second defendants.

    His application is brought pursuant to Order 3 rule 9 of the Federal High Court Civil Procedure Rules 2009.

    The plaintiff wants the court to decide, whether by the combined interpretation of Section 153 (1)(i) and Section 292 (1) (a) (i) of the Constitution, Justice Onnoghen can be suspended from office without the recommendation of the NJC or the President acting on an address supported by two third majority of the Senate.

    Read Also: CJN’s suspension: Agbakoba, activist kick

    Agbakoba seeks from the court: “A Declaration that by the combined interpretation of the above Sections of the Constitution as (amended) Justice Onnoghen cannot be suspended or removed from office except on the recommendation of the NJC or the President acting on an address supported by two thirds majority of the Senate.”

    He also seeks further order or orders as the Court may deem fit to make in the circumstances.

    No date has been fixed for hearing of the suit.

    NAN

  • Concerned SANs vow to tackle corrupt colleagues

    A 20-man group of Senior Advocates of Nigeria (SANs) under the aegis of The Justice Reform Project has slammed their colleagues who buy judgment and corrupt the system.

    The “deeply concerned” SANs said they were embarrassed by the recent events surrounding the suspension of Chief Justice of Nigeria (CJN) Walter Onnoghen.

    The group said the events were a manifestation of a deeper malaise in justice administration and delivery.

    It described the crisis of confidence that is currently shaking the judiciary as unprecedented.

    The SANs include Ebun Sofunde, Kayode Sofola, Kola Awodein, Ademola Akinrele, Eyimofe Atake, Olufunke Adekoya, Oluwafemi Atoyebi, Yemi Candide – Johnson, Olasupo Shasore, Babatunde Ajibade, Osaro Eghobamien, Babatunde Fagbohunlu and Wemimo Ogunde.

    Others are Jibrin Okutepa, Olumide Sofowora, Prof Ernest Ojukwu, Olatunde Adejuyigbe, Dr. Adewale Olawoyin, Adeniyi Adegbonmire and Oyesoji Oyeleke.

    They said: “Certain facts are hardly contestable. There is a widespread perception that there is corruption in the judiciary and this perception is supported by anecdotal evidence.

    “Unscrupulous litigants and some complicit lawyers, including some Senior Advocates, procure judgments and orders by corrupt means.

    “It is also beyond dispute that the system for self-regulation in the judiciary and the legal profession has failed.”

    They added that lack of transparency and a deep appreciation of the basic ethos of governance in the processes and procedures of the relevant institutions lies at the very heart of the challenges the Bench and the Bar are currently facing.

    According to them, there is a perception that the National Judicial Council (NJC) has been ineffective in exercising discipline where high-ranking judicial officers are involved and that its proceedings and internal processes are unduly opaque.

    Similarly, the Nigerian Bar Association (NBA), they said, is notorious for its inefficacy in respect of disciplinary issues, as petitions linger for years on end without resolution.

    “The Nigerian legal profession and justice system have known better days. We recall the golden era of our judiciary, when judgments of Nigerian courts were cited with approval in foreign courts. Sadly, this is no longer the case.

    “In our view, the incessant examples of contradictory decisions that have afflicted Nigerian jurisprudence in all facets of law further fuel the perception of incompetence and corruption by the Nigerian judiciary and the legal profession,” the group said.

    The Justice Reform Project group said it was established to collaborate with stakeholders in an effort aimed at achieving broad consensus on, and implementing a process that will lead to the review and reform of, critical aspects of the justice delivery system.

    The areas include NJC’s composition, constitution, functions and internal controls, the process for the appointment, continuing education and promotion of judicial officers, the process for the discipline and regulation of judicial officers, and the terms and conditions of service of judicial officers.

    They will also push for reforms in judicial ethics, values and the relationship of the Bench with the Bar, the process for the appointment of lawyers to the Body of Benchers, the composition, constitution and internal controls of the Legal Practitioners Privileges Committee (LPPC) and the process and criteria for the conferment of the rank of Senior Advocate of Nigeria.

    Others are SANs’ roles and responsibilities as leaders of the Bar, the regulation and discipline of lawyers, ethics, values and standards of legal practice, and the composition, constitution and internal controls of the NBA National Executive Committee.

    “The need for action is urgent. We will commence our work immediately, and we will operate on the basis of transparency, objectivity and inclusiveness.  We will soon publish details of how we propose to engage and collaborate with all stakeholders, especially the NBA,” the group said in a statement issued on Saturday.

     

  • NBA asks FG to discontinue CJN’s trial at CCT

    The Nigerian Bar Association (NBA) has asked the Federal Government to discontinue the trial of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen before the Code of Conduct Tribunal (CCT).

    NBA President, Paul Usoro (SAN) in a statement on Monday claimed that it was now obvious that the actual aim Executive arm of government was to remove Justice Onnoghen from office.

    Usoro argued that the dictate of democracy and rule of law mandate that the Federal Government complies with the constitutional requirement and lawful procedure in effective such removal.

    He said: “Due process is not followed when the Executive branch of the FGN files an Interlocutory Motion before the Code of Conduct Tribunal for the removal of the CJN.

    “Such an application disparages, and assaults due process as enshrined in Section 292(1)(a)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the Constitution”).

    “The Constitution leaves no room howsoever for the removal of the CJN from office, whether on a temporary or permanent basis, other than through the process afore-quoted.

    “Being a country governed by laws, the FGN owes us a duty to comply strictly with these provisions of the Constitution for the removal of the CJN.

    “We therefore urge the Executive Branch of the Federal Government to please retrace its  steps and discontinue the entire proceedings before the CCT forthwith and follow the constitutional procedure afore-stipulated.

    “Established judicial precedents, dictate that the allegations must be referred to and handled by the National Judicial Council (“NJC”) and it is only after the NJC’s pronouncement thereon against the CJN can the FGN prosecuting agencies proceed against him before any Tribunal or Court of Law. or as long as the CJN remains a judicial officer, that process avails him and is mandatory of compliance by the FGN.

    “Should the Federal Government however succeed in removing Honorable Mr. Justice Walter S N Onnoghen, GCON as the CJN pursuant to the provisions of Section 292(1)(a)(i) of the Constitution, there would be no need or requirement for the FGN to fulfill the NJC pre-condition ahead of his possible prosecution.

    “With such a constitutional removal from office, Onnoghen CJN would cease to be a judicial officer and the allegations against him would not need to be determined by the NJC ahead of any possible prosecution.

    “The choice is therefore that of FGN to make – either to pursue the removal of the CJN pursuant to Section 292(1)(a)(i) of the Constitution or report the alleged assets declaration infraction to the NJC for its consideration as a pre-condition for the possible prosecution of the CJN.

    “Whichever route the FGN chooses, the CCT proceedings must abate and be discontinued.  It constitutes an assault on due process and undermines the Rule of Law.

    “The sponsored media trial of the CJN must also stop.  Amongst others, it criminally destroys the justice sector, subverts due process and completely erodes the Rule of Law.  This desecration of the justice sector must stop now, please.”

  • NBA kicks as Lagos CJ inaugurates new court rules

    The Chief Judge of Lagos State, Justice Opeyemi Oke on Monday inaugurated the new High Court of Lagos State (Civil Procedure) Rules 2019 which enforcement will commence January 31.

    The event held at the Conference Room of the High Court of Lagos state, Ikeja and had all the judges of the state in attendance.

    But the Nigerian Bar Association (NBA) Ikeja Branch opposed the new court rules saying it was designed to frustrate lawyers and litigants.

    According to Justice Oke: “The principal target of reform therefore is to facilitate total justice delivery by ensuring speedy dispensation of justice and the restoration of public confidence in our judicial system”.

    She regretted that for a very long time,  excessive delay has been an embarrassing feature of the administration of justice adding, “the inadequacies in our Civil Procedure Rules and abuse of its provisions were identified as a contributory factor to the delay. A number of the procedures in the old rules could not meet the demands of modern civil justice and fell starkly behind international best standards”.

    She explained that it became necessary to review the 2012 version of the Civil Procedure Rules to meet the obvious reality that in terms of efficiency, accessibility and effectiveness, civil justice delivery remained deficient.

    “It, therefore, became expedient to address these problems by introducing reforms directed towards the achievement of a just, speedy and efficient administration of justice in line with the commitment statement of this administration. A review was also essential to further reinforce the independence of the judiciary and address the lacuna identified in the 2012 Rules, to deny them as a tool exploited to defeat the ends of justice”, she said.

    Oke explained that one of the reasons why the Administration of Justice in Lagos State has been highly revered is because of its leadership in international best practices reform.

    “The New Rules 2019 is in line with international best practices comparable with any global jurisdiction. “The Rules also contain new Pre-Action Protocols on various subject matters to explain the conduct and set out the steps required of parties prior to the commencement of proceedings to which the Rules apply”, she said.

    Read Also: I feel very sad, says Osinbajo on Onnoghen

    The chief judge remarked that  the new global Lagos cannot continue to endure delay and congestion in its Courts whether traceable to the Bar or the Bench adding, “justice delayed is quite simply an injustice and amounts to a denial of the right to fair hearing and casts the administration of justice in our jurisdiction in bad light both nationally and globally”.

    She remarked that with the new court rules, local investors and Foreign Direct Investors (FDI) would be more attracted to a global Lagos which has an efficient and effectual rule of law-driven business environment.

    “The value and overriding objectives of the 2019 Rules are for a legal system that will strive to deploy scarce judicial resources wisely, run efficiently and effectually for the benefit of all people and not at the whims and caprices of any individual or any particular group of stakeholders”, she emphasized.

    She said it was in this light and pursuant to the cumulative powers conferred on her by the provisions of Section 247 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 89 (1) of the High Court Law of Lagos State, Cap H3, Laws of Lagos State to review Rules of Court, that the review of the 2012 Rules was kick-started last year and a 15-man Rules Review Committee was set up under the leadership of Hon Justice Kazeem  Alogba.

    To ensure an all inclusive rules, Justice Oke said the committee notified and received  contributions from all stakeholders including all the Nigeria Bar Association (NBA) branches in the State, the Body of Senior Advocates of Nigeria (BOSAN) for their input and that of stakeholders  for their contributions and suggestions to be forwarded to the Rules Committee.

    Oke chided groups which she said “have been less constructive and more off hand, founding reservations on the self-serving grounds that the efficiencies of new Rules which allow limited public resources to be employed in the overall public interest will be unfriendly and “run out of business” practitioners who are unwilling to make a good faith effort to adapt.

    She described such fears as “flimsy and appear to be self-serving and retrogressive in nature.”

    She said: “ The courts are created to serve the public and not incompetent or inefficient legal practitioners. Legal practitioners’ practice to serve the public and the system of justice and this is a professional and ethical responsibility.

    “It is remarkable and intolerable that any legal practitioner should oppose efficiency and effectiveness in civil justice delivery in a perverted self-interest.

    “The new rules are intended for the greater good of and the efficient and speedy dispensation of the greater number of cases and not to discriminately satisfy a few or any particular group of stakeholders”, she stressed.

    Chairman of the review committee, Justice Alogba in a remark commended members for their meaningful contributions during the period the assignment lasted.

    Justice Alogba also thanked the chief judge for her support for the committee and for not leaving the job to them alone.

    Meanwhile, the NBA Ikeja branch has stated its rejection of the new court rules, hence their decision not to attend its presentation on Monday.

    The chairman of the branch, Prince Dele Oloke said some aspects of the new court rules are obnoxious and punitive to lawyers.

    The branch is considering a boycott of the court against the new rules.

    “The branch will deploy all that is necessary, including court boycott and litigation in order to ensure the chief judge is not used as instrument to frustrate lawyers and litigants”, he said.

    While admitting that the power of the chief judge to make rules is not in contest, Oloke said it does not extend to imposing punitive cost on lawyers.