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Tag: Nigerian Bar Association

  • DSS siege: NBA, SAN, Adegboruwa hail Osinbajo

    The Nigerian Bar Association (NBA) on Tuesday praised the Acting President Yemi Osinbajo for the “prompt and decisive action taken on the siege of the National Assembly”.

    NBA had earlier condemned the prevention of lawmakers from accessing the National Assembly by men of the Department of State Services (DSS).

    In a statement by its president Abubakar Mahmoud (SAN), the association said: “The action taken by the Acting President has reassured Nigerians that security personnel and Nigerian armed forces are under the authority of constitutionally elected Commander-in-Chief of the Armed Forces and would not be deployed for undemocratic purposes.

    “Whilst commending the Acting President for his courageous decision, the NBA will remain vigilant and will continue to monitor the current situation and urge our security agencies to remain faithful to their constitutional roles and responsibilities.”

    A Senior Advocate of Nigeria, Prof Ernest Ojukwu, said Osinbajo’s action renews hope in democracy.

    “The immediate and unequivocal condemnation of the illegal DSS-Police siege on the National Assembly and the decisive termination of the appointment of the DSS boss by His Excellency Acting President Osinbajo have renewed great hopes that our democracy shall survive.

    Read Also: Breaking: Osinbajo sacks DSS boss

    “I am excited to be counted as a Nigerian, a lawyer and a law teacher by this example of leadership by our Acting President.

    “I urge all Nigerians, the NBA inclusive, to play more proactive roles in protecting our democracy, rule of law and human rights.

    “We should not allow a few men and women to destroy our country by their impunity,” Prof Ojukwu said.

    Activist-lawyer Ebun-Olu Adegboruwa praised the lawmakers for their vigilance.

    “The Constitution in Sections 4, 5 and 6 established the three arms of government with separate powers and functions.

    “They are to act independently and autonomously, without any interference from one arm of government in the affairs of the other.

    “The DSS and the police are all part of the executive arm of government and it is totally unconstitutional for the DSS to have invaded the premises of the National Assembly in such commando fashion, as if we are under military rule.

    “I commend the action taken by the Acting President, in due consultations with the President, I believe.

    “This should be extended to all other security and law enforcement agencies, to follow the law and observe the due process of law in all their dealings.

    “Let us never allow security operatives, to take our people for granted,” Adegboruwa said.

     

  • Conference materials to be distributed in Lagos, Abuja

    the Nigerian Bar Association (NBA) has said it would distribute this year’s Annual General Conference materials in Lagos and Abuja.

    The Technical Committee on Conference Planning (TCCP) said it was to decongest the collection points and make the process easier.

    Lawyers had complained about difficulties in collecting conference materials during last year’s conference in which tablets were distributed.

    It resulted in hot exchanges between NBA officials and lawyers, with lawyers describing their unpleasant experience as “Tablets of pains”.

    TCCP chairman, Mr. George Etomi stated that the modalities for the materials’ distribution will be made known as the conference date draws nearer.

    The conference will hold from August 24 to 30 at the International Conference Centre, Abuja, with the theme: Transition, transformation and sustainable institutions.

    Etomi said: “The materials will include a conference folder containing flash drives, branded note pads and pens. The initial order of 5, 000  conference materials had been made but owing to the increase in number of registered delegates the team in charge has made an order for another 5, 000 units.”

    He said there would be two central locations for pick-up of materials, adding that from August 20, all materials not picked up from Lagos will be transferred to Abuja.

    Ghana President Nana Akufo Ado will be the keynote speaker; President Muhammadu Buhari will open the conference open and will participate in the session: A conversation with the President, on August 27.

    NBA is partnering American Bar Association as well as British Law Forum on the conference.

  • Uncertainty over NBA election as branches kick

    the Nigerian Bar Association (NBA) has restated its commitment to a credible election, despite its postponement.

    This is as NBA branches have expressed fears about being disenfranchised due to their members’ inability to get verified.

    The election, which was to hold on July 27 and 28, has been shifted indefinitely as at press time.

    NBA President Abubakar Mahmoud and the Electoral Committee of NBA (ECNBA) have assured lawyers of their unwavering commitment to a transparent, free and fair election.

    Mahmoud said election of 14 NBA national officers, which was initially scheduled for July 27 and 28, will hold on a new date to be announced by the ECNBA in view of the challenges faced by lawyers in the ongoing verification exercise.

    He said every qualified lawyer will vote.

    According to him, the process has been broken down into three stages: pre-election audit, e- voting and post-election audit.

    He said each stage is being undertaken by an independent service provider in order to ensure credibility, integrity and transparency of the exercise.

    He said: “I am happy to say that the process is proceeding smoothly, the verification is going on now and will be on while accreditation and voting will go on as announced by the ECNBA

    “There were initial hiccups with the earlier verification exercise held in July and this process has started all over again and is proceeding smoothly.

    “I want to assure our colleagues and members of the public that the elections will be completely free, and fair and credible, going by the measures we have put in place and we have been carrying along representatives of all the candidates especially the presidential candidates.”

    Alternate Chairman of the ECNBA, Mr. Babatunde Busari (SAN) said the verification was extended, after which the database would be handed to the service provider that will conduct the e-voting.

    “We need to mention that the verification platform is more user-friendly. We call on all our members to go back to the platform and do their verification so that we can have a good turnout for accreditation and the voting proper,” he said.

    Thousands of lawyers have not been able to get verified.

    A former NBA President Chief Wole Olanipekun (SAN) said none of the about 30 lawyers in his law office has been verified.

    Chairman NBA Bauchi Branch, Mr. Muhammad Maidoki, said only about 30 percent of his members have been verified so far.

    Several NBA branches of the NBA have written to the association to express concerns that their members could be disenfranchised.

    A group, The Concerned Members of the Nigerian Bar Association, led by for National Human Rights Commission Chairman Prof. Chidi Odinkalu, has written the Attorney General of the Federation Abubakar Malami (SAN) asking him to the summon a meeting of the Council in accordance with the S. 6 (2) of the 2015 NBA Constitution as the Chief Law officer and President of the General Council of the Bar.

    The August 2 letter signed by Odinkalu (Convener) and  Mr. Silas Onu (Secretary) said convening of the meeting is necessary because of the failure of ECNBA to hold the General Election as at when due, as well as National Executive Committee’s (NEC)’s failure to authorizs a shift of the election.

    The Lagos Branch chairman Chukwuka Ikwuazom said there had been several complaints from members over the omission of their names on the voters list and also the frustrating process of verification exercise.

    He said the situation raises further concerns as to whether the list used for the verification exercise is different from the final list of voters published by ECNBA.

    NBA Lagos, therefore, called on the ECNBA to make sure that all eligible Lagos members whose names were forwarded to the body were fully accredited to vote as the branch will not like any of its members to be disenfranchised in the exercise.

    Chairman of NBA Port Harcourt branch, Mr. Sylvester A. N. Adaka, said the branch “is displeased with the entire ongoing verification process of the NBA National Election”.

    He said less than 30 per cent of members in NBA Port Harcourt Branch have been verified for the exercise as majority were already demoralised and discouraged.

    “This may lead to the disenfranchisement of more than 70 per cent of our members.

    “It is my humble suggestion that where ECNBA is unable to achieve the requirement as envisaged in Section 2.4(C) of the Constitution, the election should be postponed to a more convenient time and allow the provisions of Section 2.3(A) to apply accordingly,” Adaka said.

    The Committee of Eight Branches in Rivers State, through their chairmen, said in a letter to the ECNBA: “We draw your attention to the grave and unbelievable challenges being faced by members of our various Branches with the current electoral process and respectfully urge you to review the ongoing verification exercise for the NBA election scheduled to hold on the 6th and 7th August, 2018.

    “At no time in our history, have we witnessed the level of confusion, difficulty and outright attempt to disenfranchise eligible and valid voters to participate in their own election. The process has been at best nightmarish and unworkable.

    “Till date, 95 per cent of members from our Branches have not been able to verify and stand no chance of being so verified before the election and will therefore not be able to vote in the election. In the case of NBA Okrika Branch, the Branch and its entire membership are excluded.

    “To avert a major crises in our branches and in the NBA generally, we strongly demand that you revisit the entire verification exercise and the election until such a time that you can guarantee openness, a workable process and full participation of all our eligible members.”

    A letter signed by the Chairman, Badagry Branch of NBA, Chigbo Okafor reads in part: “The issue of lawyers having their names verified for the forthcoming NBA election is now a challenge which really needs an urgent attention. And if not attended to majority of lawyers will not be voting.”

    He said only less than 10 per cent of his members have been verified.

    The Owerri branch of NBA through their Chaiman Damian Nosike, has also written a letter of complaint to the ECNBA over impending disenfranchisement of over 800 voters from his branch due to the verification failure of over 95 percent of her qualified voters.

    It urged the ECNBA to do everything possible to see no lawyer is disenfranchised.

    The Pankshin Branch through its chairman Mr. M. D. Karshima complained of non-availability of members’ details on the verification portal.

    “The branch is, therefore, asking the committee to address the issue, as failure to do same may result to something tragic,” Karshima stated.

    The Benin Branch appealed to the ECNBA to extend the verification exercise.

    “This appeal is expedient following the failure of some branch members to successfully complete their verification exercise on the portal provided by the ICT company contracted by the association,” the branch said.

  • Olanipekun faults NBA constitution amendment

    a former Nigerian Bar Association (NBA) president Chief Wole Olanipekun (SAN) has faulted a move to amend association’s constitution before the expiration of the Abubakar Mahmud-led executive.

    In a letter to Mahmoud, which was copied to all past NBA presidents and General Secretaries, Olanipekun said the move to table the constitution at the forthcoming Annual General Meeting (AGM) was contrary to an earlier agreement reached on the issue.

    According to him, it was agreed that the new executive would make further consultations on the constitution before its passage.

    The letter reads: “You would recall that at the last meeting of past Presidents and Secretaries of the Nigerian Bar Association (NBA) called at your instance at Fraser Suites, Abuja on Friday, July 20, 2018, you brought up, amongst others, your proposed amendments to the NBA constitution and apprised us of the far-reaching amendments being proposed by you on the eve of your departure, as the President of the foremost professional association in Nigeria.

    “After a very extensive discussion on your proposals, and considering the depth and implications of such amendments, the meeting advised that you should shelve and/or put the proposals on hold, and allow your successor-in-office do further consultations on them, both at the National Executive Committee (NEC) and general levels and platforms, in order to adequately weigh the pros and cons of the proposed amendments before passing same.

    “It was on this note that the meeting closed, and you did not disagree with the wise counsel.

    “Surprisingly, a notice or plan/intention to amend our constitution, as proposed and tabled by you at the meeting has now been sent out, and I must confess, I am in receipt of same, to the effect that the proposed amendments will be presented at the Annual General Meeting (AGM) of the NBA.

    “I am taken aback by this development, and I kept on wondering why you ever brought up the topic at our meeting of Friday, 20th July, 2018, if you knew you would not respect our opinion.

    “Mr. President, you have not been fair to us, to put it mildly. As a person, I protest this attitude and action of yours. Needless reminding you, Mr President that the same meeting resolved a lot of burning issues to your advantage and satisfaction.

    “As agreed at the said meeting Mr. President, may I again advise and counsel that you put on hold the proposed constitutional amend-ments.

    “No one possesses the monopoly of wisdom, and it is only courteous that you also respect the objections raised to some of your amendments at the meeting, despite the fact that some of us saw the proposals for the first time just at the meeting.

    “No leader, however brilliant, industrious, good-intentioned or pragmatic can ever resolve all the problems of his association, society or country in his life time or within his tenure.

    “You cannot be an exemption. Please let us learn from history; and be reminded that amendments to the NBA constitution should no longer be randomly done.

    “I dare say that the proposed amendments, in some material particulars, will turn out to be an ill-wind, which will bring or blow in no fresh breath.

    “You are advised not to force the amendments on our beloved association at the AGM, which, with much respect, might be constituted in such a way that the attendees would not readily understand or appreciate the unending conundrum we will be plunged into if the amendments sail through.

    “And in case you insist on going ahead to present the amendments at the AGM, can you be gracious enough, as a lawyer and leader, to circulate this letter of mine to the AGM?”

    In a chat with The Nation, Chief Olanipekun, who spoke from abroad, emphasised that it was not every NBA president or administration that must amend the NBA constitution.

    He noted that it was the amendments made by the Augustine Alegeh led administration at the twilight of his administration that is causing the crises in most NBA branches.

    “Let Mahmoud conduct election and hand over to a successor who will continue from where he stops. No leader solves all the problems of his people. Leadership is continuum,” Olanipekun said.

  • Agbakoba endorses ex-Law School chief for NBA presidency

    A former Nigerian Bar Association (NBA) President Dr Olisa Agbakoba (SAN) has endorsed a former Nigerian Law School Deputy Director-General Prof Ernest Ojukwu (SAN) for the association’s presidency.

    Agbakoba said in a statement: “It is clear to me from the list of contestants that Prof Ojukwu is the most qualified. Ernest worked closely with me on many thematic subjects of reform when I was NBA president. He was extremely resourceful.

    “I also know he immensely contributed to the success of past presidents such as Chief Okpoko (SAN), OCJ Okocha (SAN), Chief Wole Olanipekun (SAN), Bayo Ojo (SAN), Prince Lanke Odogiyan, Oluwarotimi Akeredolu (SAN) etc.

    “He has clear vision and understanding of the workings of the Bar and the legal profession at the highest level. NBA needs Prof. Ojukwu’s leadership experience, integrity, sincerity, and courage.

    Read Also: Agbakoba seeks promotion of reading culture

    “I believe that the Bar needs a President who can stand as did Thomas Erskine, in England, and declare bravely that: ‘I will at all hazard, protect the independence’ of the Nigerian Bar and the legal profession.

    “We need a man of courage and conviction who has a full grasp of issues not just of the Bar, but also of our nation and will be able to speak out with courage, conviction and candour. I have read the manifestos of all the candidates. Prof Ojukwu’s is inspiring. I endorse him.”

  • Jumbo pay suit: Court orders issuance of notice on lawmakers

    The Federal High Court in Lagos yesterday ordered that a hearing notice be issued and served on the National Assembly and others in a suit by Nigerian Bar Association (NBA) Second Vice President Monday Ubani.

    Ubani and John Nwokwu, also a lawyer, are praying for an order compelling senators and House of Representatives members to refund N13.5million and N10million monthly running cost, which they allegedly collected in the last three years.

    The plaintiffs are contending that the running cost is illegal as only the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) has the power to determine salaries and allowances of political office holders.

    Attorney-General of the Federation, RMAFC, the Senate and the House of Representatives are the respondents.

    Plaintiffs’ counsel J. O. Igwe told Justice Chuka Obiozor that the court’s sheriff failed to serve the defendants with the suit despite being “mobilised” about three weeks ago.

    “We mobilised him three weeks ago. A week ago, he assured us that the proof of service was in the court’s file. But we got to court to discover the defendants have not been served. In the circumstances, we’re left with no choice than to ask for a further hearing date,” he said.

    Justice Obiozor asked Ubani to make a formal complaint to the Deputy Chief Registrar and directed that hearing notice be issues and served on the respondents.

    The plaintiffs, in their originating summons, are asking the court to determine whether by relevant sections of the 1999 Constitution, the National Assembly members have the power to fix their salaries, wages, remuneration or allowances.

    They prayed the court to determine “whether RMAFC can delegate its power to determine the salaries or remuneration of the National Assembly or political office holders and/or if such power is subject to usurpation by the National Assembly or any other body (ies)”.

    Ubani and Nwokwu asked the court to determine whether the allocation of constituency projects and funds to the tune of N200 million to the lawmakers is not ultra vires, illegal and unconstitutional.

    They also prayed for an order of perpetual injunction restraining the lawmakers or their agents “from further receiving the sum of N13.5 million monthly allowances or running cost or whatever sum as a running cost and N200million as annual constituency project”.

    They want the court to order the refund of all the running costs they received since 2015 within 14 days of the judgment.

    Justice Obiozor adjourned until October 29 for hearing.

  • NBA unveils 2018 Conference logo, says 2019 elections top on agenda

    The Nigerian Bar Association (NBA) on Friday in Abuja unveiled its 2018 annual general conference logo and website with a charge to lawyers to leverage on the conference to ensure the success of the 2019 elections.

    Unveiling the logo, the NBA President, Mr Abubakar Mahmoud (SAN), said the 2018 conference would evolve solutions to address the current and contemporary issues affecting the country.

    Mahmoud also said that the theme for the 2018 conference, “Transition, Transmission and Sustainable Institutions”, was apt considering that the country was preparing for elections in 2019.

    “Last year’s conference had the theme “African Business: Penetrating through Institution Building”, so we are building on the theme of last year.

    Read Also: NBA to Fed Govt: stop killings

    “We are, however, trying to address the more current and more contemporary issues of transition and transformation and we are not only focusing on local transformation but global trends,” he said.

    Mahmoud said that they were expecting over 10,000 lawyers to attend the conference and urged lawyers to log onto the website and register, adding that registration would only be via online.

    Mr George Etomi, Chairman, Technical Committee for the Conference Planning, said the NBA’s annual conference was the largest gathering of lawyers in the world.

    Etomi said that they gathered to play a pivotal role in reshaping and reforming the nation by analysing burning issues and evolving possible solutions.

    He noted that the theme for the 2018 conference was carefully chosen to afford lawyers the opportunity to x-ray their role in the country and on the continent as a whole.

    According to him, being the penultimate electioneering year, the conference will afford lawyers the opportunity to set an agenda to help the country achieve successful elections.

    He said that  Ghanian President, Mr Nana Akufo-Addo is expected to give the keynote address at the conference which would hold from Aug. 26 to Aug. 30 in Abuja.

    NAN

  • Nigeria has no viable option except restructuring, says Ubani

    Vice President, Nigerian Bar Association (NBA) Mr Monday Ubani on Thursday said that for the country to move forward, it has to be restructured.

    Ubani who said that ” the country is no longer working” also  emphasized, “there is no viable option left except we restructure the country”.

    He stated this on Thursday at a press conference he addressed on the state of the nation in Ikeja titled: “Restructure the country, Nigeria or Nigeria may die an unnatural death”.

    He noted that the country has not been able to make progress because of the unitary system introduced into the body politics by the military.

    He said the starting point will be to revisit the 2014 report of the National Conference to move the country forward.

    “Whether anyone likes it or not or wants to hear it or not, the truth of the matter is that Nigeria has a fundamental foundational issue which we need to deal with. But unfortunately we have failed, refused and or neglected to deal with it to our great detriment.

    “Previous and past governments have paid lip service to it even when they found out the truth that the country cannot make much progress with the present structure in place. The present structure is bogus, over bureaucratic, over centralized, oppressive, devoid of Justice and equity. The structure encourages laziness, lack of competitive spirit that was prevalent in our polity in the early sixties due to the apparent adherence to the tenets of operational federalism.

    “Today what we operate is highly distorted economy, the federal taking everything that belongs to the federating units and gathering the states in Abuja for handouts monthly whereas the proper system would have been the various federating units paying certain percentage of what they have gathered in the federating units for the maintenance of a leaner, more efficient and adequately compensated public service”, he stated.

    Read Also: ‘Don’t dismiss allegations of Danjuma, investigate it’ – Ubani

    Ubani commended President Muhammadu Buhari and the law makers on the ‘not too young to rule bill’ signed into law yesterday, noting “it is what is in operation in developing countries which take time to develop their leaders”.

    He lamented that nothing seems to have been done to develop future leaders for the country.

    He noted: “we have a lot of young people who have the zeal, wisdom, brains to lead instead of recycling the old people whose ideas have become archaic”.

    He however emphasized: “if we get the issue of leadership right but refused to restructure, we are getting nowhere”.

    Ubani urged the electorates to demand any aspiring politician to swear to a written affidavit on oath to restructure Nigerian upon winning and assumption of office in 2019.

    “We have no time, 2019 is around the corner and election of new public officers will soon commence. Let Nigerians demand any aspiring politician to swear to ‘a written affidavit on oath to restructure Nigerian upon winning and assumption of office at Aso Villa.That  should be the minimum requirement.

    ” Let us stop beating about the bush,  Nigeria is not working and may not work unless we address our defective and unhealthy structure that is clearly defective. There is no viable alternative to a comprehensive restructuring of this polity if Nigeria would be united, peaceful and prosperous. Irrespective of whatever any one at any level thinks, if Nigeria is to actualise its manifest destiny as the leading Black nation, there is no viable alternative to its comprehensive restructuring. ”

    He declared that the starting point should be with the implementation of some of the recommendations of the  2014 National Conference.

    On the legal side, Ubani described as “media trial” and  “unhealthy for the country”,  the parade of suspects by the police without having been pronounced guilty by a law court.

    “It is important we begin to emphasis that the issue of parading suspect is wrong. An accused person alleged to have committed a crime should be taking to court. Nigeria should follow international law practice.”

  • Buhari greets Agbakoba at 65

    President Muhammadu Buhari has sent warm greetings to the former President of the Nigerian Bar Association, Mr Olisa Agbakoba (SAN), on his 65th birthday.

    President Buhari, in a statement by the Special Adviser on Media and publicity, Femi Adesina, joined family members, friends and professional colleagues of the lawyer and human rights activist in celebrating his many achievements over the years, most notably his strong advocacy for the rule of law and a better life for the underprivileged.

    Read Also:Buhari’s declaration: Agbakoba foresees upsets in 2019

    The President commended the legal luminary for his relentless fight for the return of democracy in the country, and his sustained and purposeful effort in ensuring that the principles and practice of good democratic governance become a norm.

    As the former NBA president turns 65, President Buhari believed he has left his footprints in the development history of Nigeria, and has successfully proved his position as a patriot and dependable nationalist.

    The President prayed that the almighty God will grant Mr Agbakoba longer life, more strength and wisdom to keep serving the country.

  • Lagos courts to go paperless soon – CJ

    The Chief Judge of Lagos, Justice Opeyemi Oke, said on Thursday that paper and manual filing of court documents would soon end at the Lagos State High Court.

    She said the court would soon go digital with the deployment of electronic platform.

    The Lagos State Attorney-General and Commissioner for Justice, Adeniji Kazeem, said a technology driven judiciary would help achieve better efficiency and quicker results.

    They spoke at the opening of the technical sessions at the Annual Law Week of the Nigerian Bar Association (NBA), Lagos Branch, with the theme: “Human capital and the legal profession in the 21st century.”

    The keynote speaker, Lagos Court of Arbitration President, Mr. Yemi Candide-Johnson (SAN), said lawyers must adopt global best practices as legal services consumers no longer accept anything less.

    Justice Oke, who was represented by Justice Adeniyi Onigbanjo, said an Information and Communication Technology (ICT) consultant was working on the digital platform.

    She expressed optimism that lawyers practicing in Lagos would not find it difficult to migrate to the platform.

    She said: “It is clear that the Bar and Bench in Lagos are working in tandem towards bringing the practice of law and adjudication in the state in line with evolving trends and international best practices.

    “It has been a pleasure to observe that lawyers practicing in Lagos State have already started moving in line with international best practices and have been most corporative and understanding with the efforts of the Lagos State judiciary as we move along those lines.

    “We appreciate the fact that such changes may not be convenient bearing in mind that most of us are used to the traditional modes of practicing law, but as the theme of the law week conveys, the world is moving at a very fact pace and we cannot afford to be left behind.

    “So, it behooves on all of us – the Bar and the Bench – to move in line with contemporary trends. Within the Lagos State judiciary, we are initiating an ICT platform for the filing of processes at the high court on an e-platform, in which case we’re trying to go paperless in the nearest future, but for now we have started the process.

    “We have an IT consultant designing our IT platforms for the implementation. That is why it gladdens my heart that while we’re doing that from the judiciary end, the Bar is also moving in tandem with this and is initiating programmes and sensitising its members on the need for all of us to work together.”