Tag: Nigerian Bar Association

  • NBA chief Usoro docked for alleged N1.4b fraud

    •Court grants him N250m bail •Judge rejects request to transfer case to Abuja

    THE Economic and Financial Crimes Commission (EFCC) yesterday arraigned Nigerian Bar Association (NBA) President Mr. Paul Usoro (SAN) at a Federal High Court in Lagos, for an alleged N1.4 billion fraud.

    Usoro was docked before Justice Muslim Sule Hassan on a 10-count charge, bordering on the alleged offences.

    He pleaded not guilty.

    Others charged with him 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 was Akwa Ibom State Governor Emmanuel Udom, who the EFCC said was “currently constitutionally immune from prosecution”.

    The arraignment followed Justice Hassan’s December 10 order that the EFCC should serve the charge on Usoro, who had arrived in court with 13 Senior Advocates of Nigeria (SANs) led by Chief Wole Olanipekun (SAN).

    At the beginning of proceedings yesterday, Olanipekun opposed his client’s arraignment pending a transfer of the case from Justice Hassan.

    He told the judge that the defence had written a letter to the Chief Judge of the Federal High Court, Justice Abdul Kafarati, seeking a transfer of the case to Uyo, Abuja or any other jurisdiction of the court away from the judge.

    Olanipekun said: “I owe a duty to advise the court that the defendant made available to his lawyers, a copy of a letter dated December 17, 2018, addressed to the Chief Judge of the Federal High Court praying for the transfer of the case to any judicial division between Uyo and Abuja or if in Lagos to any other judge apart from my lord presiding.

    “The application is very innocuous and was written by virtue of the legal right of the defendant.

    “We understand that a copy of the letter has been served on the court and since the letter is before the Chief Judge, the proper thing is to await his decision as a mark of respect for him.”

    But, the EFCC counsel, Mr. Rotimi Oyedepo, opposed him.

    Oyedepo prayed the court to discountenance Olanipekun’s submissions on the ground that the ruling of the court fixing yesterday for arraignment of the defendant had not been set aside.

    He argued that the defence could only raise any objection after the defendant’s plea had been taken.

    According to him, Section 9 of the Administration of Criminal Justice Act (ACJA) governs the place of trial and enquiry, and requires that the charge be filed in the jurisdiction, where the alleged offence took place.

    He argued that sufficient facts which would lead to a transfer of the case to Uyo or Abuja were not available.

    “It was not the contention of the defence that the ingredient of the alleged offence did not take place in Lagos. The events that will lead to the transfer of the case to either Uyo or Abuja Division are not available,” Oyedepo said.

    Besides, he argued that apart from the letter to the CJ, there was no formal application before the court seeking the judge to recuse himself from the case.

    He urged the court to proceed with arraignment.

    In a bench ruling, Justice Hassan held: “I have listened vehemently to the submissions of counsel and I have also read the letter written to the CJ.

    “”The issue in view is narrowed down to whether the defendant can take his plea in the circumstance.”

    The judge held that although it was not in dispute that the CJ reserved the right to transfer cases, the instant case was already assigned to his court.

    He added that it was a rule that even where such application for transfer exists, the trial judge should continue with hearing of the case, pending any contrary decision.

    The court then called on the NBA President to take his plea.

    Usoro pleaded not guilty.

    After his plea, Olanipekun prayed the court to admit Usoro to bail on liberal terms of self-recognisance as NBA President.

    He added that Usoro’s International passport would be deposited with the court as a measure, adding that he would apply for same whenever the need arises.

    Oyedepo did not oppose the application, but left same at the discretion of the court.

    In another bench ruling, Justice Hassan admitted the defendant to bail for N250 million, with one surety in the like sum.

    The court added that the surety must be owner of landed property within the court’s jurisdiction or a civil servant not lower than the rank of a Director in the Federal or State civil service.

    The NBA President was further ordered to deposit his international passport with the court’s Deputy Chief Registrar (DCR), which will be verified for genuineness.

    The court then ordered that Usoro be handed over to a counsel of the inner bar, Mr. E.B. Effiong (SAN), pending perfection of his bail terms.

    He adjourned the case till February 5, March 5, and March 6, 2019 for trial.

    In the charge, the anti-graft agency alleged that the defendant 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.

    He was alleged to have conspired to convert N1.4 billion, property of Akwa Ibom State Government, which sum they reasonably ought to have known formed part of the proceeds of an unlawful activity.

    The prosecution said the unlawful activity included criminal breach of trust, which contravened sections 15 (2), 15(3), and 18 (A) of the Money Laundering (Prohibition) Act, 2011.

  • NBA protests killing of lawyer in Ekiti

    Activities were on Monday paralysed in many courts in Ado-Ekiti as members of the Nigerian Bar Association protested the killing of a lawyer by kidnappers.

    The lawyers, who all wore black attires to the premises of the State High Court, wielded placards with various inscriptions denouncing the killing and demanding the arrest of the kidnappers.

    Some of the placards read:  “ Stop killing lawyers in Ekiti State,’’  ” No to killing, No to Kidnapping,’’ ” We demand arrest, prosecution, punishment of kidnapper,’’ and  ” State Government, Police, Army,  do your job.’’

    Addressing newsmen, the Chairman of Ikole-Ekiti Branch of the NBA , Mr Ibrahim Olarewaju, said the victim, Mr Adeola Adebayo,  was kidnapped alongside with his family members on Nov. 17 at Erio –Ekiti.

    He said the kidnappers released the victim’s family members and held him captive after demanding N100 million ransom.

    Olarewaju said the family could only raise N2 million which was paid as ransom to the kidnappers.

    Read Also: Osinbajo, Yari meet in Aso Rock

    He expressed regrets that the victim, who was the Secretary of the Ikole-Ekiti branch of NBA,  was shot in spite of the payment.

    Describing the victim as a vibrant colleague with a promising future, he urged traditional rulers in the area to work with security agencies to fish out the hoodlums.

    “The traditional rulers should send their vigilantes, hunters and Neighbourhood Watch members to these bushes to stop the brutal killing of Ekiti residents.

    “ Enough is enough on this evil killings and kidnappers, ” he said.

    The Secretary of the Ado-Ekiti branch of the NBA, Mr Temidayo Akeredolu, recalled that the son of a member was also brutally killed on the day he was called to the Bar in Abuja.

    He called on government at all levels to make the security of life and property a priority.

    (NAN)

  • Still on the primacy of rule of law

    SIR: “The rule of law must be subject to the supremacy of the nation’s security and national interest”. The statement was made by President Muhammadu Buhari while flagging off the, recently concluded, 2018 Annual General Conference of the Nigerian Bar Association in Abuja on August 26. Since the president made the statement, there have been mixed reactions and endless controversies. In truth, many of the commentaries are flavoured with political sentiments as the members of the opposition subjected the president to public attack by way of criticisms, whereas the pro-government folks have thrown weight behind the president. President Buhari is both right and wrong.

    His general stance on rule of law is very wrong. Rule of law is the political and constitutional principle that stipulates the supremacy of the law over the ruler, the ruled and all decisions taken in the country. In a constitutional democracy, the place of rule of law is indispensable. In the absence of rule of law, what obtains is lawlessness, arbitrariness, abuse of power and near-dictatorship. The place of rule of law is so potent that it is the bedrock upon which any democratic state is built. It is the very foundation; and once the foundation is taken away, one expects unimaginable disaster.

    The President mixed it up by linking an entirely different court decision to defend the breach of rule of law currently ongoing in the country. Distinguishing cases is a paramount tool that must guide all law enthusiasts who wish to rely on judicial precedents to back up their positions.

    Even in rare cases where fundamental rights would be subject to national security, the court held in the Dokubo-Asari’s case that the meaning of and what constitute “national security” can and should only be determined by the court. In view of this, the cardinal principle of rule of law is still in place as it still governs properly the instances where fundamental rights take second place. So, even if President Buhari takes that as a justification for abuse of human rights, albeit wrongly, it is not under his jurisdiction to determine or dictate what is national security, but the court.

    Let it be made known that rule of law is the only remaining pillar, at present, that can save our dear nation from collapse. The principle must be well respected by both the government and the people.

    Court decisions must be well respected and must not be disregarded on self-opinionated wrong notion of national security and interest.

     

    • Festus Ogun,

    Olabisi Onabanjo University, Ago-Iwoye, Ogun State.

  • NBA to Buhari: rule of law not subject to national security

    The Nigerian Bar Association (NBA) yesterday rejected President Muhammadu Buhari’s statement that the rule of law is subject to national security and interest.

    It said national security and interest are rather subject to the supremacy of the rule of law.

    NBA, in a communiqué issued at the end of its Annual General Conference in Abuja, condemned the disobedience of court orders by the government.

    It also faulted the issuance of executive orders over matters that are in court.

    President Buhari has been widely criticised for his comments at the opening of the NBA conference which began on Sunday.

    He had said: “The rule of law must be subject to the supremacy of the nation’s security and national interest.”

    But the NBA, in the communique read by its immediate past president, Abubakar Mahmoud (SAN), disagreed with the President.

    The association said it “completely rejects the presidential statement subordinating the rule of law to national security.”

    NBA added: “The NBA restates that the rule of law is central to democracy. Any national security concerns by the government must be managed within the perimeters and parameters of the rule of law.

    “As a corollary, conference frowns at the present growing trend whereby government decides on which court orders to obey.

    “The court has exclusive duty under a democratic dispensation to interpret the constitution and other laws. Government and the citizenry must comply with court orders at all times until set aside.”

    On executive orders, NBA said any such order issued in respect of a matter pending in court breaches the principle of separation of powers.

    “Executive orders should be issued for good governance and to manage operations of government, and not to encroach or usurp upon the constitutional powers of other arms of government, lest executive orders become attempts at decree-making,” the communiqué said.

    New NBA president, Paul Usoro (SAN), who was sworn in along with other officers, said the association would continue to hold government to account.

    “Lawyers and their association are not adversaries of government but partners with government in the promotion and protection of the rule of law.

    “The NBA’s significant role in that partnership is to serve as the watchdog of society and, in the process, call the government to account. We shall not shirk our responsibilities in that regard,” Usoro said.

    He urged his rivals for the NBA presidency to join hands with him in moving the association forward.

    “We are strong only when united and together. Divided, we’re vulnerable and subject to external and devastating attacks – and these are the dangers we face daily.

    “My immediate task would, therefore, be to heal these wounds, seal the cracks and unite our family of lawyers.

    “I have already started the process of such integration and healing by extending my hands of fellowship and brotherhood to my co-contestants, Prof Ernest Ojukwu, SAN and Chief Arthur Obi Okafor, SAN. But I will go beyond them in the days ahead.

    “I’ll seek to heal the wounds of the 2016 NBA elections by reaching out to my very good friend and brother, Chief J. K. Gadzama, SAN, and bring him back into the NBA family. I know that he has plenty to offer to our association.

    “There are also several of our Bar elders who have stayed outside the NBA fold for several years now for one reason or the other, mostly out of disenchantment; we’ll actively work to bring them back into the fold and in the process harvest from their rich repertoire of intellectual resources, experiences and wisdom,” Usoro said.

    The NBA president, among other plans, said he would hold monthly press briefings on the state of the nation and issue quarterly financial account reports of NBA.

     

  • FG must balance human rights, national security – Falana

    Human Rights lawyer Femi Falana (SAN) has advised the Federal Government to comply with Nigerians’ human rights while securing the country and her interests.

    Falana said both security and human rights can coexist and are necessary to prevent breakdown of law and order, but that it was problematic to place state security above individuals’ rights.

    He said the purpose of national security should be to protect democracy. He urged President Muhammadu Buhari to make advancing human rights a central pillar of Nigeria’s national security policy.

    The lawyer warned the government not to allow itself to be used by those seeking to undermine “these fundamental values” as a ploy to “destroy democracy through the use of violence in its most inhuman form.”

    Falana spoke on Wednesday in Abuja while delivering a paper ‘Rule of law and security’ at the 2018 Annual General Conference of the Nigerian Bar Association (NBA).

    Buhari, in an address at the opening ceremony of event on Sunday, suggested that individual rights of alleged offenders would have to take a back seat when national security and public interest were threatened.

    “Rule of Law must be subject to the supremacy of the nation’s security and national interest.

    “Our apex court has had cause to adopt a position on this issue in this regard and it is now a matter of judicial recognition that where national security and public interest are threatened or there is a likelihood of their being threatened, the individual rights of those allegedly responsible must take second place, in favour of the greater good of society,’’ the President said.

    But Falana noted that placing security concerns in direct opposition to human rights “creates a false dichotomy.”

    Read Also: How to stop SARS’ brutality, by Falana

    He said: “Each is essential for ensuring that a society is both “free” and “secure.” Privileging one over the other can have unintended negative consequences. It is therefore important for Nigeria to strive to nurture the synergies between the two, and to incorporate human rights into national security strategies.

    “I recognise that it can be difficult to find a balance between ensuring national security on the one hand, and preserving human rights and the rule of law on the other. Nevertheless, I firmly believe that both security and human rights can fully coexist and are absolutely necessary to prevent breakdown of law and order. I posit that the purpose of national security should be to protect democracy and enhance democratic principles.”

    According to him, the government has a legal responsibility to preserve and promote all human rights as well as the rule of law.

    “Undermining these fundamental values would go in the direction wished by those whose aim is to destroy democracy through the use of violence in its most inhuman form,” the lawyer added.

    He berated the police and security agencies for concentrating on monitoring the activities of human rights activists and opposition figures in the country, while failing “to foil illegal take-over of government, through coup de tat and rigging of elections, kidnapping, hostage taking, religious riots and civil disturbances which have continued to threaten national security.”

    He warned the executive against detaining citizens for security reasons and disregarding court orders “for the release of such persons if it is found that the detention has nothing to do with national security.”

    Falana berated the Nigerian Bar Association for failing to sanction the activities of Attorneys-General and senior lawyers “who engage in the subversion of the rule and national security.”

     

  • Osinbajo charges lawyers on administration of justice in Nigeria

    Seeks sanctions for lawyers delaying cases

    Vice President Yemi Osinbajo on Tuesday challenged lawyers in the country towards good administration of justice in Nigeria.

    He also urged the Nigerian Bar Association (NBA) to take responsibility in ensuring discipline among its members.

    The Vice President specifically pointed out happenings around the globe where lawyers don’t go unpunished for deliberately delaying cases.

    Osinbajo spoke in Abuja during question and answer session at the 58th Annual Conference of the NBA, held at the International Conference Centre.

    The Vice President, who was taken up on a number of issues by renowned lawyer, Professor Koinsola Ajayi, asked the NBA to rise to the occasion and take responsibility for the discipline of lawyers.

    He said: “I think beyond government, strong institutions such the NBA needs to rise to the occasion and it really calls for self-regulation.

    “Government is not going to make the laws to change that.  This is an ecosystem that we are in control of.

    “We should be able to say that we are going to put our foot down here; we are not going to allow a situation where the administration of justice system is ineffective because if it is ineffective building a moral society is undermined almost entirely.” he added

    He advised the NBA to take a cue from the Law Society in England and accept the responsibility for conduct of lawyers.

    “There is a sense in which we must accept responsibility for the discipline of lawyers.  The Law Society in England accepts responsibility for the discipline of lawyers, even when lawyers engage in dielectric tactics in court.

    Read Also: Why we focus on common man, by Osinbajo

    “So if a lawyer wants to delay a case as strategy for either winning or hoping that years after the case would be forgotten, that kind of lawyer would lose his shirt in any other jurisdiction.

    “But here it is an accepted tactic. Dialectic tactics is part of our system; it is part of our business of doing business.”

    Noting that there should be consequences for misdeeds, he called on lawyers to work with government to ensure that people who go against the laws of the land are punished.

    “I think that we are at a point where there is a moral dilemma as to how it is we should visit the legal consequence. One of the problems we have had is with the legal process, ensuring that the legal process is able to deliver justice within a reasonable time, especially where the matters concerned are issues of public corruption and of all that.”

    On the questions on Economic Recovery and Growth Plan (ERGP) of the President Muhammadu Buhari administration and how it was transforming the life of the poor people in Nigeria, Osinbajo said that the government started it in 2016 by crafting a budget that took a bottom-to-top approach to tackling the problem of the poor.

    “The approach we adopted from 2016 is two-pronged. One is in first creating safety nets and for the first time we put in the budget a line for what is called the Social Investment Programme.  That is N500billion for the Social Investment Programme.  That is the largest programme of its type in the history of this country.” he said

    He said the Social Investment Programme covered the Conditional Cash Transfer to one million of the poorest, the N-Power Programme, a scheme for providing jobs to 500,000 young graduates and the “Trader Moni” Scheme to two million people.

    “It is working because we can see a substantial improvement in the capacity of people to earn money and to do better for themselves,” he said, adding that the “only way to deal with poverty is to incrementally improve the capacity of people to earn money.”

    He also answered questions on infrastructural development, technological development, ease of doing business and the ideological underpinnings that drive government programmes.

  • NBA, UN to fight human rights abuses

    The Nigerian Bar Association (NBA)  is to collaborate with the United Nations (UN) in tackling human rights abuses.

    Its President Abubakar Balarabe Mahmoud (SAN) said NBA was committed to promoting and preserving human rights in Nigeria.

    He spoke when he received the UN Human Rights Commission team in Nigeria led by Dr. Martin Ejidike who paid a working visit to him at the NBA House, Abuja.

    Mahmoud said: “The NBA with its 125 branches across the country has done so much to promote the rule of law.

    “In this regard, my administration constituted two task forces: one on the Niger Delta and the other on the humanitarian situation in the Northeast. Both task forces are doing excellent jobs and living up to their terms of reference.

    “We will be glad to partner your organisation in these respects because your mandate is similar to ours.”

    Ejidike told The Nation that his office would work with the NBA.

    “My mission to the NBA House on behalf of the UN Country team in Nigeria and the Office of the United Nations High Commissioner for Human Rights is to explore opportunities for engagement and collaboration with the NBA in terms of the work that we do in Nigeria,” he said.

    He said the work was in relation to the situation in the Northeast, parts of the Middle Belt,  the Niger Delta and in Southeast.

    “Specifically, in the whole gamut of human rights issues, whether we are talking of socio-economic and social rights, or civil and political rights.

    “I see a lot of co-relation in terms of the work that we do and the work that the Bar association is doing.

    “But what has happened over the years is that we have not been able to come together to build that force, that synergy with the Bar Association, but I think that this meeting provides a context to begin to work on that.

    “And I am really glad that the NBA President made himself available for this meeting and I look forward to further collaborations and engagement with the Bar association and deepening this relationship.”

    On the role of lawyers, Ejidike said: “The lawyers have their work cut out for them. It is indeed a huge lot of issues, whether you are talking about the counter-insurgency response, or you are talking about the huge number of people in detention including children, for alleged terrorist offences, that have been there for so long.

    “We have had interactions with national authorities and with the military authorities in the Northeast.

    “There is acknowledgment by them that there are too many people in detention and that there is a need to quickly proceed and accelerate the processing of these cases within the judicial system.

    “So, the lawyers in Nigeria have a lot of work to do in terms of this.”

  • NBA charts path to peace in Zamfara

    The Nigerian Bar Association is worried by the insecurity in Zamfara State. Its members were in the state between August 17 to 19 to engage stakeholders on how best to restore peace and ensure reconciliation. ERIC IKHILAE reports.

    What is happening in this state is terrible.  People are being killed on a daily basis.  Women and girls are being rapped, properties are being stolen and destroyed by those termed as armed bandits. We do not have any hope…We are seeking the assistance of everyone.”

    The above captured the state of insecurity in Zamfara State, as presented by the Chairman of Gusau branch of the Nigerian Bar Association (NBA), Bello Galadi.

    Galadi, who echoed the view of the majority of other speakers at a town hall meeting held in Gusau (the state’s capital) on August 18, lamented that residents of the once peaceful and tranquil state are now at the mercy of brigands, who kidnap, kill, maim and destroy at will.

    He spoke while welcoming participants to the town hall meeting organised by the NBA, to promote peace and security.

    The well-attended event afforded participants, including political leaders, civil servants, other professionals and concerned citizens the opportunity for a closer, thorough and frank dissection of the insecurity challenge, identifying its causes and suggesting ways of curbing it.

    Speakers identified the absence of quality governance, failure of critical societal institutions like the justice administration system, security agencies, religious and traditional institutions; increasing poverty, illiteracy and unemployment, and the rise in social vices like drug addition, among others, as constituting key factors fuelling insecurity in Zamfara.

    Suggestions on how to address the challenge were legion, ranging from the basic to the extreme, with some calling for the imposition of a state of emergency, on account of the claim that the state government was overwhelmed by the problem.

     

    Why the town hall meeting

     

    NBA President, Abubakar Mahmoud (SAN) said the event was neither influenced by any political interest/group nor in furtherance of any political motive.

    Mahmoud said the visit and the town hall meeting were part of NBA’s civil interest engagements, intended to promote the rule of law, peace building and reconciliation, and to advise policy makers and stakeholders on how to build peace and ensure reconciliation.

    “Our objective is to express our concern and sympathy to the people of Zamfara. We are here to hear from victims and stakeholders about what is happening and what could be done,” Mahmoud said.

     

    Who is to blame?

     

    A Zamfara politician, Saidu Muhammed Dansadau, blamed Governor Abdulaziz Yari for the problem, who, he alleged, is often absent from the state.

    He argued that it was important that the governor be always available to provide practical leadership and give direction on how problems should be addressed.

    Dansandau, who represented Zamfara Central District in the Senate between 1999 and 2007 under the banner of the All Nigeria People’s Party (ANPP), said: “This security problem started in a few communities, but now it has spread to many others. If we do not do something urgently, this problem will continue to spread, and if nothing is done urgently, it will consume the nation.

    “A state of emergency should be declared in Zamfara. That is the way to address this problem. It is not only about deploying soldiers and other security agents. The issue requires fundamental decision.”

     

    ‘Tackle poverty, unemployment,

    poor governance’

     

    The Chairman, Trade Union Congress (TUC), Zamfara branch, Monsuru Mustapha, blamed the problem of insecurity on growing poverty, unemployment, poor governance and the abandonment of peace building measures adopted in the past.

    He urged the governor to spend more time in the state and suggested the resumption of the periodic meetings of leaders of, and farmers and herders from the three main ethnic groups in the state – Housa, Fulani and Zuru) – where issues of concern and disputes were tabled and addressed.

    Mustapha asked Governor Yari to see his appointment as the Chairman of the Nigerian Governors Forum, which he believed was always keeping the governor away from the state, as a secondary responsibly.

     

    ‘Too much ethnic consciousness’

     

    Mrs. Maryam Ali Abdullahi, who was the only female speaker at the event, attributed the problem to undue ethnic consciousness, poverty, unemployment, rising cases of social vices like drug addiction and the failure of parents to effectively instil moral values on their wards.

    Dressed in a burqa, Abdullahi, an Islamic school teacher, argued that the problem would abate when the state’s institutions learn to ensure justice for all, address the problem of social inequality, illiteracy, unemployment and drug addiction.

     

    ‘State police or decentralised

    security structure’

     

    The state’s Director of Public Prosecution (DPP), Abdullahi Gusau, lamented the government’s neglect of workers’ welfare.

    He urged the government to pay the allowances of judicial sector workers, particularly lawyers, to ensure the effectiveness of the justice administration system.

    Gusau, who claimed that the efforts of existing federal security agencies were inadequate, called for either the creation of state police or the decentralisation of the operation and command structure of the existing security agencies.

     

    Govt absolves self of blame

     

    But the Secretary to the State Government (SSG), Abdullahi Mohammed Shinkafi, who stood in for the governor, refuted claims of the government’s failure.

    Shinkafi, who described himself as a teacher, identified what he said were the government’s efforts to ameliorate the situation.

    Responding to those who sought justice and fairness in the way the government and its agencies addressed disputes between the various ethnic and interest groups, the SSG said it was difficult to expect justice and fairness on issues administered by humans.

    He said he was optimistic that the state NBA Chairman’s ‘political leaning’ would not prevent him from doing right thing.

     

    ‘Attacks began in 2009’

     

    As against the claim by Dansadau that the security problem started in 2011 when Governor Yari assumed office, Shinkafi said armed bandits’ attacks started in the state around 2009.

    He blamed Dan Sadau, who, he said, was then a Senator and close associate of the then governor, for not assuming his current posture to ensure the crisis was nipped in the bud.

    “Armed bandit started around 2009. I am sorry I had to come from Abuja this morning to attend this programme. I would have made a prepared speech if I were around. We have all the records. In 2010, there were about four attacks and there were other attacks in 2011 as well, before the coming of this government.

    “The Senator (Dansadau) may not be aware because he was in Abuja as at that time. But this is the truth and between 2011 and 2013 there were several attacks unleashed unjustly on our various communities.

    “Then, my respected Senator (Dansadau) was the closest friend to the then government. I wish he had put in the energy he is putting today when he was that close to talk to the governor about the problem of insecurity then.”

     

    ‘No govt is perfect’

     

    He contended that it was wrong for anyone to castigate the government of the day without being abreast of the facts about happenings in the state. He argued that no government, organisation or I individual was perfect, “not even the NBA.

    “If you ask me to tell you what I know about many of my students that are lawyers toady, you will be shocked. So, it is not a question of perfection, but a question of what we are supposed to do, and are not doing. I will just beg and advise civil servants not to be partisan politicians because it has consequences,” he said.

     

    ‘Zamfara paid security agencies N17b  allowances since 2011’

     

    Shinkafi added that the state had spent over N17billion from 2011 till date on the payment of allowances and other logistics to the security agencies. He added that over N2billion has been expended by the government in providing assistance to victims of the various attacks.

    The SSG added that the state government had facilitated the siting of security formations, such as the 223 Battalion, 607 Quick Response, One Brigade, along the Presidential Lodge and the GOC Unit in the state.

    He added that the state had since 2012 provided the various security agencies with 457 vehicles, which he said included the 250 given in 2012, 77 in 2104 and 50 in 2015, 2016, 20157 and 2918.

    According to Shinkafi, the government also engaged in reconciliation by setting up a committee to that effect.

    “Some achievements have been made, but not to our satisfaction, becausem we would like a situation where Zamfara will revert to its past glory of being the most peaceful state.”

     

    NBA calls for recommendations

     

    Bringing the meeting to a close Mahmoud, said the NBA will accept written recommendations from anyone and will engage heads of all the relevant institutions on the matter.

    He said the association will analyse all contributions and make public its position and recommendations.

    “We will also engage with the Chief Judge and other stakeholders in the justice sector. And I hope the message will be sent that what we do in our court rooms, what we do in our offices and what we do in our various endeavours as lawyers have direct bearing on the state of security in our states. And that we must put our acts together and address these issues.

    “All those saddled with responsibilities in the ministry of Justice must rise to the challenge of improving the administration of justice not only in Zamfara State, but indeed, also across the country.

     

    ‘No to threat against civil servants’

     

    He however drew the attention of the SSG to the inappropriateness of his (SSG) threat to sanction civil servants, who attended the event, spoke their mind and gave suggestions on how the security problem could be tackled.

    “Clearly, there is something I have to state before the close of this event. People have come here on the strength of the invitation of the NBA to speak their minds, be it public servant, officials of government and ordinary citizens.

    “I want to state that their right to speak out must be respected. We have a common problem. It is not a problem that affects just the officials of government, but that affects all the ordinary persons and ordinary citizens. And when they come up to speak, we must respect their right to speak. I heard the SSG when he said that civil servants are not expected to be politicians. That is very much true.

    “Civil servants are not supposed to engage in partisan politics, but civil servants have views and rights under the Constitution, to express themselves. And I hope that the SSG did not mean that there will be repercussion for those civil servants, who came out to express their minds,” Mahmoud said.

    The NBA delegation, on arriving Gusau on Friday evening, visited the Deputy Governor, Ibrahim Muhammad, who equally expressed concern about the insecurity challenge and assured that the government was not averse to any measure aimed at ending it. He commended the delegation for the initiative and pledge to work with the recommendations made by the NBA.

    Before rounding off its activities on Saturday, the delegation visited the place of the traditional head of Zurmi, one of the recently attacked communities in the state, where people were reportedly killed and properties destroyed.

    The Emir of Zurmi, Abubakar Atiku Mohammed, who also commended the NBA for its initiative, appealed for the support of all to end the security challenge in the state.

    He said most of the victims of the recent attacks in his domain took refuge in his palace, but were returned to their communities the previous day on the directive of the state government.

     

  • Should NBA constitution be amended?

    Former Nigerian Bar Association (NBA) General Secretary Dele Adesina (SAN) explains why the association’s constitution amendment should be deferred.

    It is a common knowledge among all lawyers in this country that the Constitution of the NBA was amended in 2015 under the Presidency of Augustine Alegeh SAN, the immediate predecessor of the incumbent President. Before that time, an attempt was made in 2012 which did not sail through at the Port Harcourt Annual General Meeting.

    There was yet another amendment in 2009 during the tenure of Oluwarotimi  Akeredolu SAN, now the Governor of Ondo State. Another amendment is being proposed for the AGM coming up on the 30th of August 2018 by the President A.B Mahmoud SAN.

    For the avoidance of doubt I know the role of improvement in all human endeavours indeed it is said that the largest room in the world is the room for improvement. Improving a situation or a process is not synonymous with throwing away a process for a totally new and different one. When you do that, you perpetually get trapped in experimentation.  I concede to the good intentions of the present leadership of the Bar.

    The President’s love and concern for a credible electoral process producing effective leadership is not in doubt. However, it is my considered opinion that a good number of the far reaching and fundamental changes being proposed to the NBA Constitution is not only unworkable but can also be very counterproductive.

    I believe any amendment to our Constitution must not only strengthen the democratic foundation of our Association, it must add value to the process of the emergence of credible leadership and must be acceptable to the generality of our members.

    Compliance with section 20 of the nba constitution 2015

    I was the General Secretary of our great Association between August 2002 and August 2004 and a life member of the National Executive Committee, yet I never received the Notice of the proposed Amendment to the Constitution from the General Secretary of the Bar up to the date of writing this publication.

    I was only able to get the copy of the Notice courtesy of one of the past Presidents of the Association Austin Alegeh SAN who was gracious to ask his Secretary to send me a copy which I received on the 4th of August 2018. But for this gesture, like very many members of our Association I would not have received the Notice of the proposed amendment. Similarly, I know as a fact that the Chairman of Ikeja Branch Prince Dele Oloke Esq could only get a copy of the Notice from me on Monday the 6th of August 2018.

    Reports also confirm that very many members of our Association neither got the Notice or the proposed amendment. It is very doubtful therefore if there is compliance with Section 20 of the Nigerian Bar Association Constitution 2015 which obligates the General Secretary “to circulate the Notice and the proposed amendment to delegates at least 30 days before the proposed amendment is tabled at the AGM”.

    Specific propals

    Let me comment briefly on three of the suggested proposals.

    Establishment of the governing board

    The leadership has proposed the establishment of a Governing Board to comprise of: The President, 1st and 2nd Vice Presidents, General Secretary, Assistant Secretary, two representatives each from East, North and West, the immediate past President and immediate past General Secretary. The tenure of the Board is a single term of two years. It is to be noted that eight (8) other offices including but not limited to the offices of 3rd Vice President, welfare officer, Publicity Secretary, Assistant Publicity Secretary and 2nd Assistant General Secretary of the Association have all been peremptorily abolished by this proposal.

    It will be recalled that an earlier attempt to scrape these other offices have been opposed to by our members for the simple but very important reason that those offices serve as platforms for Junior members of the Bar to climb the ladder of leadership. Nothing has changed to defeat that argument. If this proposal is not reversed, it will impact negatively on the participation of the junior members in the affairs of the Association. Furthermore, it will also negatively impact on the spread of our Officers which today is a veritable vehicle for inclusion and active participatory interests.

    The proposed Governing Board is just another name for the National Officers’ meeting. What more, the duties of the members of the Board are the duties of each Officers of the Association as presently stated under the 2015 Constitution.

    Finally on this, there is nothing in the proposal that tend to reposition the National Executive Committee for independence and effectiveness. Rather than reinvigorating the powers of the National Executive Committee (NEC) an attempt has been made by the proposal to diminish its powers by making the Governing Board (of promotional officers) to be the Policy making body of the Association.

    State bar

    The proposed amendment seeks to create State Bars by providing for the establishment and functions of State Council of Nigerian Bar Association. The promise that “creation of State Councils is not to replace NBA Branches” is of no moment. There is no function ascribed to the State Councils in the proposal that the Branches are not presently performing. Experience has also shown that Branches in a State do collaborate and cooperate with one another when exigencies require this.

    The autonomy and independence of the Branches is of utmost importance to the overall efficiency and effectiveness of the Association. It should also be recalled that as late as 2012 a proposed amendment to include State Bars into our Constitution was vigorously and unanimously rejected at the Annual General Meeting that was held in Port Harcourt. The situation that calls for that rejection remains valid today as it was six (6) years ago.

    Succession of governing board

    Another significant aspect of the proposed amendment is what the committee described as succession of Governing Board members. It is difficult to see the rationale behind this proposal. First it is totally unworkable, second it is undemocratic and against the principles of the Rule of Law.

    Besides it is capable of occasioning diminishing leadership and rubbing the Association of the much needed experience, effective and efficient leadership. The NBA has a corporate responsibility to defend Democracy and make it sustainable in our country and most significantly in the interest of the profession.

    We have a duty both constitutionally and professionally to practically and proactively contribute to the building of a sustainable Democracy and if we don’t have it we cannot give it as no one can give what he doesn’t have.

    The proposal says that NBA Presidency shall be a product of promotion or ratification at an Annual General meeting like a Law firm or a company. The futility of this proposal is exemplified by recommendation 3 of the proposal which says “where any of the above proposed successors is rejected by the Annual General Meeting… the predecessor’s office shall be open for contest and elections…in accordance with this Constitution”.

    It follows therefore that if for any reason whatsoever, the promotion of a successor is rejected by the AGM then, the office of the Predecessor shall be open for contest and election. The question is what then will the proposal achieve when there may be a contest and election in any way. The NBA is and must remain a democratic Association at the centre of which is contest and competition.

    The current system of electing our officers is good for the Association based on the ideals of Democracy and the propagation of the Rule of Law. All we need in my humble opinion is a full democratisation of the electoral process through the reinvigoration and refining of the Austin Alegeh SAN initiative of electronic voting system. The policy and process of one lawyer one vote must be protected by all of us. It guarantees the putting of democracy to work. Furthermore, it ensures that emerging officers represent the true choice of the members of the Association.

    Conclusion

    In my memo dated 13th October, 2017 to the Constitution review committee, I said inter alia that a situation whereby all succeeding Presidents take pleasure in amending the Constitution of the NBA year in year out is not right. This has made our constitution unstable. Experience they say is the best teacher. We are not able to build permanent experience or grow our Constitution anymore as we change them almost every two years.

    I also made the point in my memo that the duty of the Branches who are the ultimate owners of this Constitution to make a tangible contribution through quality discussion and debate of the committee’s recommendations must be fully protected. Regrettably this was not so regarding the present fundamental proposals attached to the General Secretary’s letter of 25th July, 2018.

    The question is, between 25thJuly 2018 and now, how many Branches have got these proposals and able to discuss them. In the light of the above observations, the only option available is to defer this exercise in order to give maximum opportunity to the generality of our members and the leadership of our Association at various levels to discuss and deliberate on these far reaching proposals.

    The solution to NBA challenges is not in amending the Constitution every two years. It is in reconstructing our attitudes and make our Constitution work in the running of the Association. I have always said that nothing works by itself, things are made to work.

  • NBA launches endowment fund for Northeast

    The Nigerian Bar Association (NBA) has  launched an endowment fund to promote its activities and support lawyers who were affected  by the crises in the Northeast.

    The fund will be deployed in promoting access to justice and rule of law in the region.

    NBA President Abubakar Balarabe Mahmoud (SAN) said the initial idea was to set an endowment to support members who have become victims of the Northeast insurgency.

    “However, much as that need remains, we realised that the mission and the goals must be much wider. The concept was thus modified.

    “The fund we are lunching today is to support our all our activities in the Northeast,” he said.

    Mahmoud recalled that in late 2015, at the height of the Boko Haram Insurgency, he visited Maiduguri twice.

    “On both occasions we were struck with the devastation. We saw a ravaged city with great deal human suffering.

    “In the IDP camps, thousands of malnourished children and women in camps flocked around us.

    “Many of us literally broke down faced with sheer scale of human suffering.

    “The detention centers where the suspected insurgents where kept were brimming with hundreds of detainees living in sub-human conditions.

    “We were also briefed by our colleagues on the extent to which they had been impacted by the crisis.

    “Some had lost their lives, some were injured and maimed others had lost their practice.

    “Many had also fled the state. Justice Sector institutions were nonexistent in most parts of the state and where they existed, were barely functioning.

    “It was clear to me that the NBA had not paid sufficient attention to the events in region and we had somewhat failed in our constitutional mandate of promoting access to justice and the rule of law,” Mahmoud said.

    Generous donations

    Over N63million was realised at the fundraising.

    The chief launcher, Bi-Courtney Chairman Dr. Wale Babalakin (SAN) donated N10 million.

    Sokoto State Governor Aminu Waziri Tambuwal, who chaired the event, pledged N10 million on behalf of himself and his friends and another N10 million pledge on behalf of the state government.

    Bauchi State government donated N7million.

    Other donors include: Borno State Government (N5 million),  former Attorney-General of the Federation, Chief Kanu Agabi (SAN) (N1 million), and Mr Paul Usoro (SAN) (N1million).

    There was an anonymous donation of N2 million; among others.

    Mahmoud  (SAN)  added that the NBA’s intervention was motivated by the need to restore rule of law and defence of human rights in the Northeast.

    He said legal practice was adversely affected by the catastrophic Boko Haram insurgency in which some lawyers were killed and many chambers and courts were wrecked, while the institution of justice was comprehensively annihilated.

    He said the urgent need for the rehabilitation of these judicial institutions necessitated the establishment of NBA’s Task Force which was inaugurated on October 31, 2016, chaired by Prof Muhammad Tabiu (SAN).

    He informed the audience that NBA partnered with the Human Rights Committee of the Bar Council of England and Wales for the provision of pro bono legal services to internally displaced people of the region.

    This, he said, had necessitated training of lawyers with funding support from UK Aid, Role UK and the Aliko Dangote Foundation, specifically to deepen the skills and knowledge of lawyers in the delivery of legal protection to internally displace persons and other vulnerable groups through the use of domestic and international legal instruments and mechanisms.

    Mahmoud explained that a similar Task Force was set up on the Niger Delta, on the same day, for similar reasons.

    Prof Tabiu said NBA is primarily concerned with issues of protection of human rights which were flagrantly abused, restoration of rule of law and the welfare of the 1.7 million internally displaced persons in the Northeast.

    Dr. Babalakin, (SAN)  recalled that Maiduguri, the Borno State capital, gave him a platform to launch his legal practice in those peaceful days.

    According to him, it was pay-back time especially at such a trying period that the place is in dire need of rehabilitation.

    He said he regarded NBA President’s invitation to coordinate the launching as a call to duty which should be diligently done.

    “Governor  Tambuwal said the Northeast was “a neighbor in distress” and said that lending a helping hand was an act of good neighborliness.