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  • Legal Council lists 43 for SAN

    Legal Council lists 43 for SAN

    The Legal Practitioners’ Privileges Committee has short-listed 43 lawyers for interview, preparatory to their elevation to Senior Advocate of Nigeria(SAN).

    The committee also asked Nigerians to screen the list and comment on the reputation of the short-listed candidates.

    According to a statement by the Chief Registrar of the Supreme Court, Mr. Sunday Olorundahunsi, observations on any of the candidates should be forwarded to the committee on or before July 15.

    The 43 candidates include a notable Economic and Financial Crimes Commission (EFCC) prosecutor, Godwin Odumu Obla; ThisDay Legal Page Editor Olufunke Aboyade; David Maiwada Mando; Johnson Olalekan Ojo; Joshua Olukayode Olatoke; Afolabi Hakeem Olatunde; Ocha Petersen Ulegede; Victoria Olufunmilayo Awomolo; Joe Ad’ojo Abrahams and Kehinde Kolawole Eleja

    Also on the list are Olalekan Fatai Yusuf; Olasheni Ibiwoye; Elema Emenike Sylvester; Emeka Benson Etiaba; Nwufo Kevin Chukwudi; Anthony Ikechukwu Ani; Anthonychukwuemeka Anaenugwu; Chukwuma-Machukwu Ume Gerald Godwin E. Ezeuko, Jnr; Fredson Chijioke Alexander Okoli; Ejelam Ahamefula Ikechukwu Ike; Sylvanus Aghumele Ogwemoh; and Adele Eberechi.

    Others are Wilcox Achace Abereton; Samuel Otseilu Zibiri; Biriyai Dambo; Emmanuel Chinwenwo Aguma; Mba Ekpezu Ukweni; Chukuka Olujimi Chukura; Uko Essien Udom; Tawo Eja Tawo; Olayinka Adebola Abiose; Moyosore Jubril Onigbanjo; Olumide Olusoga Sofowora; Adeniyi Ayodele Adegbonmire; Akinlolu Timothy Kehinde; Akinlolu Oluyinka Osinbajo; Emmanuel Adegboyega Aremo; Olusola Olaseni Idowu; Dr.Theophilus Akinpelu Onigbinde; Adekola Adeyeye Olawoye; Aliyu Maitasamu Abdullahi and Suraj Sa’eda.

  • Protect your children, SAN urges parents

    PARENTS have been urged to protect their children against abuse. Mrs. Titilola Akinlawon (SAN) gave the advice  at the annual lecture organised by the African Women Lawyers Association(AWLA), Nigeria to mark the ‘Day of the African Child’.

    Akinlawon, who chaired the event spoke on the topic, “ Child protection; culture and responsibilities.”

    She urged parents to inculcate high level of discipline and integrity in their children.

    Female children, he said, shout when they are being abused by the opposite sex,in order not to lose their dignity and self-respect.

    She said the right of every child is protected and guaranteed in the Lagos State Child’s Rights Law enacted in 2010 and in the child law put in place by the Federal Government.

    The Senior Advocate of Nigeria noted that though the present generation of children have the privilege of Internet and other electronic media network around them, she counselled  them not to abuse such priviledges by visiting websites that would not advance their academic pursuit.

    “You are our future if we fail to pay attention to your welfare, then what does the future holds for you”, she asked.

    Speaking on ‘Child Protection’, Mrs. Tam George, said a recent report by United States stated that over 10.5 per cent of children of school age in Nigeria are out of School.

    “You have a right to sound education, you have a right to leisure and recreation, you have right to move together in group, you have right to ask and to express yourself, you have right not to be physically abused.”

    George however charged the children to pursue their goals and also seek more information that can assist them in their academics.

    Similarly, Mrs. Lara Williams who spoke on “Culture and Religion”noted that culture has taken away over 90 per cent of the daily activities in Africa.

    She said that there was need for  male children  to have respect and dignify their female counterpart.

    According to her, there should be an end to the attitude of discrimination between the male and female child in the family.

    She frowned at the public discrimination against disable children in the society.

    “Disable children are always not being properly taking care of. They are always being hidden from the public even by their parents” she lamented.

    Williams urged the children to desist from rebellious act and instead package themselves and behave well in their respective homes.

    She also tasked children to listen to instructions from their parents, adding: “Parents have responsibilities to you and you children also have responsibilities to them”.

     

     

  • Lawyers urge caution on foreign colleagues

    Lawyers urge caution on foreign colleagues

    AKEYs feature of this year’s Nigerian Bar Association (NBA) Section on Business Law (SBL) conference was the international dimension which it took.

    It was as a result of the call by the World Trade Organisation (WTO) for countries to open their gates to lawyer from other jurisdictions to practise law in a globalised world.

    The conference examined other numerous topics, and had the theme: “The role of lawyers in an emerging economy.”

    Lawyers, who spoke to the The Nation after the conference, scored high. They also spoke on how they benefitted.

    NBA President, Okey Wali (SAN)

    NBA President, Okey Wali (SAN) said: “Well, if you had aggregated everything that was said here today, one thing has come out clearly and that is the fact that we have to be careful.

    “As I said, I recognise the fact that in opening the doors, we could actually be opening the doors for jobs for lawyers, We have to be every careful on what we are doing.

    “We have to be sure that the regulatory steps are in place, it is very key and very critical to what we are discussing and I still make my point that there is a reciprocity, if we open our doors for everybody to come and practice law here, do we have such opportunities in their jurisdictions, if that is not addressed, I am afraid that it won’t be an easy sell to Nigerian lawyers.”

    For the chairman of the SBL, Mr. Gbenga Oyebode, the conference was a huge success.

    He said: “The conference has gone extremely well, we have met the usual standards of our conferences and we have also surpassed those standards.

    Oyebode

    Oyebode said: “The conference was very well attended, our keynote speakers sent the massage that we wanted them to send, Governor Kayoed Fayemi of Ekiti State, Mr. Harold Prisner of BLP and our key sessions in the afternoon; firstly, lawyers as catalysts in an emerging economy and the second one about international law firms looking at entering the Nigerian market. The plenary sessions went on extremely well and we surpassed the registration numbers that we had last year, so, I am very happy and enthused.”

     

    Dr. Gbolahan Elias (SAN)

    Chairman of the Conference Planning Committee, Dr. Gbolahan Elias (SAN), said: “ I am highly impressed by the number of people that attended the conference and the quality of presentations, I am indeed impressed.
    “We are happy that so many people have taken off time from their busy schedules to be here with us today, it is indeed  a worthwhile experience, we tried so hard to put up sessions that would have something for everybody.”

    Chaiman, Intellectual Property (IP) committee of the SBL, Mrs. Chinyere Okorocha

    Chaiman, Intellectual Property (IP) committee of the SBL, Mrs. Chinyere Okorocha, said: “I am delighted with the conference, we had a full house, the attendance was fantastic. This year, the Intellectual Property committee has chosen the theme “Intellectual Property issues in an emerging economy.

    “As we all know, intellectual property helps to drive the economy in terms of innovations, new ideas that ultimately can be commercialised and lead to some sort of income generating venture for the nation and help to improve Nigeria’s Gross Domestic Product (GDP), so I had a wonderful panel of experts who did justice to the session ad we eventually had a lot to learn to help the IP world.”

    Mr Tunde Ayeni

    Mr Tunde Ayeni said: “ This is brilliant, it cannot be better than this and I commend the organisers for this fantastic idea, this is what I refer to as a continuous legal education system.

    “ It has really exposed our members, we should really start doing things the way advanced countries do them, especially, if we want Nigeria to be a destination for investment, we must grow our legal system and this is the way to start it.

    “ I am happy with what is going on, and I associate myself with it I associate myself with the people that are involved, I congratulate the NBA President and the team that he has successfully put together to organise this.”

     

    Mr Matthew Egbadon

    Mr Matthew Egbadon said: “We all know the issues that are involved really and there is no doubt that lawyers have a major role to play in an emerging economy.

    “In turning things around in this country, as we aspire to be one of the 20 most prosperous economy in the year 2020, which is just few years away from now, we want to know exactly how ready we are , the number of things that need to be in place for us to attain that and as has been canvassed here since morning, the issue of knowing what the law is at any point in time is critical, certainty of the law, respect for the property of people and of course, respect for contracts, particularly when it involves international practice, these things are critical and a lawyer has a major role to play in ensuring that all these things are done so that if these things are put in place, we will be ready for the 2020 vision.”

    Mr Fubara Anga

    Mr Fubara Anga, who has qualification to practise law in three different jurisdictions, said: “My position is that those doors have to be opened whether we like it or not and my belief is that we should control the speed, the manner and the extent to which the door is opened and if we don’t open the doors, others will open the doors for us.

    “ Even from the panel today, you can see that Nigerians are practising law all over the world, now whether they are Nigerian firms practising law all over the world is a different matter.

    “What we are saying is that the nature of legal practice has become so global and so virtual that even without coming here, foreign lawyers are already practising here or taking a chunk of the legal briefs and not calling it Nigerian law. What I am saying is that the way legal services are delivered have changed and the Bar and Nigerians lawyers have to adapt to the times.”

     

    Former General Secretary, NBA, Ibrahim Eddy Mark

    Former General Secretary, NBA, Ibrahim Eddy Mark said SBL chairman and Council members put up a very good show.

    “ They have done very well and I wish that other Sections will borrow a leaf from them. From the cocktail to the opening session was well attended and the topics which they have chosen for discussion here are very apt.

    “Every lawyer that did not attend this conference has really missed a lot because as I have always said, these Sections and the professionalisation of legal practice is the best thing that has happened to us, this is the kind of conferences that our members should be attending because this is where they can get their optimum best, this is where they can acquire the best continuing legal education.

    “From participation in conferences like this, they will be bold claim that yes, I can now understand Alternative Disputes Resolution Mechanisms (ADR). I can understand aviation law, I can now understand international transactions, I can now understand trans border transactions and so on. It is only when you come to conferences like this that you will be able to know what you are supposed to do because you cannot sit in your law office and think that law practice is all about going to court, coming back and that is the end of things, no.

    “For instance, this morning, they were discussing about the World Trade Organisation (WTO) liberalisation of legal services, how the government will collaborate with the NBA so that we will get the best from this idea of liberalisation of legal services, all their programmes were really very good, it was indeed a very good conference.”

     

    Former President, International Federation of Female Lawyers (FIDA) Mrs Stella Ugboma

    Former President, International Federation of Female Lawyers (FIDA) Mrs Stella Ugboma said it was “a very good conference of international standard”.

    “I have really learnt a lot. As you know, in the past, the SBL has always been very good, so they have not changed.”

     

    Mrs. Mfon Usoro

    Mrs. Mfon Usoro spoke on allowing foreign lawyers practise in Nigeria.

    She said: “At the moment, Nigeria has not scheduled legal services in its schedule of specific commitments under the (WTO) and our Legal Practitioners Act (LPA) requires that somebody should be enrolled as a barrister and solicitor of the Supreme Court of Nigeria after passing the Nigerian Law School examinations or by a special warrant before the person can practice law in Nigeria. These are the only people qualified to practice law in Nigeria.

    “But you should note that this law was drafted in 1982 and does not accommodate present day realities because they were not contemplated at that time. At the moment, the reality is that foreign lawyers are providing legal services in Nigeria through cross border, through consumption on board and even through some other ways, but these were not provided in our LPA.

    “I think that what we should do now is to develop the regulations that would be transparent and would put restrictions, limitations on areas that we do not want to grant access and national treatment to foreign legal practitioners, that is the way to go.”

     

    Damian D. Dodo (SAN)

    Damian D. Dodo (SAN) said: “ The biggest impression that I came out with is how well organised the conference has been. That is the matter I was discussing with my brother silk, Mr. Fabian Ajogwu (SAN), just some minutes ago, it shows that some preparations and planning has gone into the whole exercise and we have seen the fruits and the way it has turned out, so, we must commend the SBL for a conference well organised and in which we have very commendable numbers.”

    On his area of particular interest, Dodo said: “It has been in the area of competition law, but unfortunately, I was unable to attend that session today because of other commitments, but since I already have the conference materials with me, I intend to avail myself of the thoughts and perspectives of others who have looked at the issue and hope that it will help us to put in place, the proper regimes that will ensure that there is no dominance in any particular sector by any operator, so that competition becomes a key aspect of our economic and social life.”

     

    Fabian Ajogwu (SAN)

    Fabian Ajogwu (SAN) said: “ First of all, let me commend the organisers of the conference; it was well organised, but, most importantly is seeing globalisation and the impact it has on the way we work as lawyers.

    “We had a lot of things to learn; we have seen that you cannot practise law to the point of excellence in isolation. You have to learn what global best practices are, to improve the standards, emphasis on ethics and excellence in the profession.

    “And, finally, to look in the fields of disputes resolution, how to deal with disputes in terms of arbitration, mediation and conciliation and other modes of Alternative Disputes Resolution Mechanisms (ADR), there is something for ever body in this conference.”

     

     Aniedi Akpabio

    Aniedi Akpabio said: “ I have actually participated in this conference and I am mostly impressed with the quality of presentations from all the speakers. I took part in some sessions on the first day of the conference, one of them talked about the expansion of the frontiers of legal practice in Nigeria and what should be the role of the international law firms and from the presentations, we realised that there is need for collaboration, even if we don’t have competitions between the local and international law firms, there is actually the need for this collaboration for efficiency and high service delivery for our clients.

    “The theme of this conference itself is a very good one, the role of lawyers in an emerging economy and from what we gathered, is evident that there are certain skill that we need to be part of what is happening in the globalised world.

    “We have discovered that to do this, you need an entrenchment of the rule of law, we need law reforms and must ensure the independence of the judiciary.

    We were made to understand in this conference that a situation where you have cases lasting in courts for upwards of 10 years would certainly not encourage foreign investors to come into the country when they are not sure that if their commercial disputes are in court, they will not get justice until after such a long period of time. So, there is a need to develop and guarantee the independence off the judiciary for Nigerian lawyers to play their role in our emerging economy.”

     

     Tare Yeri

    Tare Yeri said having been a member of the SBL for six years, she feels it is a welcome development to the NBA.

    “It is a session that is driving the association to meet its needs in terms of being the largest gathering of commercial lawyers in Sub-Saharan Africa.

    “The different committees have done marvellously well in their respective sessions in terms of taking on relevant topics and highly qualified resource persons to deliver them. All the topics we dealt with and the seasoned resource persons that we brought here really brought out that knowledge and information that really helps young lawyers to grow and become better lawyers that play their roles well in an emerging economy.

    “We have this session on the Presidential Amnesty programme to talk about the value of the programme, the benefits that it has brought to the country regarding peace. Many people have different views about this laudable initiative of the Federal Government but we have seen that it is a welcome development, though it may not be the lasting solution to the Niger Delta problems, it brings the desired peace because a lot of these militants are being taken out of that environment that breeds fear and violence and are taken out to be trained.

    So, I always say that an idle educated mind is better than an idle uneducated man, once you give them that opportunity to be trained and become better persons, in turn, that brings about peace in the society and more income for economic growth and development”

    Former Abia State Attorney-General and Commissioner for Justice, Hon. Umeh Kalu

    Former Abia State Attorney-General and Commissioner for Justice, Hon. Umeh Kalu said: “Talking about the business session, which this conference is all about, it is the pivot of law practice if one must say. It touches on our economy and how we can go about issues involving the finances of state and commerce generally.

    “It was very well-organised. I am highly impressed with what I saw. I just left the ADR session and I am well impressed with the papers presented, the issues raised and the questions asked in the session.

    ”It is really a very good conference and is really what every lawyer should be involved as an annual event. It will really help not only in law practice, but in the quality of our service delivery to our clients and this will assist in the development of the legal profession in the country.”

     

    Mena Ajakpovi

    Mena Ajakpovi said: “Well, this is an improvement on last year’s conference and the issues that we have canvassed here will be harnessed to drive policies and to give directions to the face of business law practice in Nigeria.”

     

     Mr. Agada Elachi

    Mr. Agada Elachi said: “ The SBL conference has always been the flagship of all NBA activities and this year’s conference is no different. The organisers have done a wonderful job, the leadership of the section has done a fantastic work, bringing together the best brains to come and talk how to move business forward.

    “I had the privilege of going round a number of sessions, the plenary was fantastic, the key note address by the Governor Fayemi of Ekiti State was great, very deep and very intellectual.

    “The session that really stands out for me is that on competition law, it underscores the importance of the passage of a competition law quickly, it also underscores the importance of lawyers paying more attention to bills that go before the National Assembly. Right now there is a bill there that seeks to amend the Customs law which will bring about pure injustice and discouragement of trade and business in Nigeria.”

     Mr. Dele Oye

    Mr. Dele Oye described the conference as an eye-opener for everyone. “It is, indeed, a very rich conference because it touched on very serious national issues, where we have had a convergence of both the regulators and the practitioners meeting together.

    “In the session, which I chaired, the session on competition law, we had the permanent Secretary of the Ministry of Trade and Commerce as one of the speakers and someone from the Bureau of Public Enterprises and we all discussed the issue of competition law and the urgent and imperative need for competition law in Nigeria.

    “We also discussed the recent Customs bill which is currently before the National Assembly and why that bill should not be passed in its current form because it contains a lot of anti competitive provisions which needs to be re examined and amended so that we can have global competitiveness.

    “The bill also has some penal provisions which infringes on the fundamental human rights and also on the rights of other several other laws which gives the duties of several other agencies like that of the Police and other agencies to the customs, so we must find a way out of this and make some of those agencies self regulatory. The NBA has to find a way to stop the bill and ensure that all the critical stakeholders should have an input before the bill is passed.”

     

  • Why death penalty can’t be abolished – AGF

    Why death penalty can’t be abolished – AGF

    The Attorney General of the Federation and Minister of Justice, Mohammed Adoke (SAN), has given reasons why death penalty could not be abolished in the country for now.

    He said global debate on the desirability or otherwise, of its abolition has not assumed a momentum to command global agreement on death penalty abolition.

    Adoke spoke in Abuja on Thursday while featuring at this year’s “Ministerial Platform,” an opportunity provided by the Ministry of Information for Federal Government ministries and parastatals to showcase their achievements within the two years of this administration.

    He argued that even if death penalty was to be abolished, it should be done by the states, because most capital offences, attracting death sentences, are state offences.

    Adoke contended that since the country was a federation, the Federal Government could not compel states to do away with death penalty.

    He expressed optimism that when the time comes, the laws would be amended to provide an alternative to death penalty.

    On the complaint that the country’s court system was ineffective owning to the fact that its statute books were replete with obsolete laws, Adoke said efforts were ongoing to amend the nation’s laws.

    When asked to comment on the seeming unending trial of Major Hamza al-Mustapha, former Chief Security Officer (CSO) to the late General Sani Abacha, the AGF said since the case was still in court, it would be inappropriate for him to comment on it.

    He noted that al-Mustapha was tried, convicted and sentenced to death by hanging under Lagos State laws and by the state’s High Court.

     

  • SAN: Aondokaa’s suspension lifted

    SAN: Aondokaa’s suspension lifted

    The Legal Practitioners Privileges Committee in Abuja has restored the Senior Advocate of Nigeria (SAN) to the former Attorney-General of the Federation and Minister of Justice, Chief Mike Kaase Aondokaa.

    The committee suspended him for two years from using the title.

    A letter lifting the suspension, signed by the Secretary, Sunday Olorundahunsi and made available to The Nation,

    reads: “Since you have comported yourself in good and satisfactory manner during the suspension, it has been lifted forthwith.”

  • ‘Respect merit, integrity in SANs’ appointment’

    In all, while the Chief Justice of Nigeria (CJN) Hon. Justice Aloma Mariam Mukhtar has raised the bar of expectation from the bench, the litmus test will be the selection of candidates for the award of the rank of senior advocates of Nigera (SAN) this year, every thing should be done to ensure that this legacy of incorruptibility and intergrity in any thing the CJN is involved in endures even now the whole nation is watching how the 2013 edition will go.

     

    Conclusion:

    Investigations revealed that between 60 – 80 PER CENT of applicants for the rank of Senior Advocates of Nigeria (SAN) this year 2013 are qualified for first time. It will be manifestly unjust if they (the first time) applicants are considered for the award where there are applicants in the previous year 2012 with better cases and number of Cases who are left out having passed their office inspection and oral interviews, unless the first timer can show verifiable evidence of distinction and excellence far above the previous applicants objectively.

    Also the situation where an applicant has more Supreme Court cases than High Court or Court of Appeal should be thoroughly investigated by the legalpractitioners privileges committee (LLPC) : for example some applicants may have the following statistics of Cases:

    The above table prima facie suggests the applicants buying up supreme court cases; if not how do we believe such data.

    If the process of appointment to the rank of SAN is open and transparent, it can no doubt provide a quality and competent ready pool from which prospective members of the bench can be recruited from by the National Judical Council any time it wants to appoint people to the bench. Also, it will bring competent hands to the bench thereby Negating incompetence, nepotism and corruption at the bench.

    Right now, there is a consensus ad idem that the lady who is today the Chief Justice of Nigeria-Hon. Justice Aloma Mariam Mukhtar is not corrupt and every Lawyer agrees with this. That she is fighting a battle of her life and that she is a fit and proper person to fight that battle.

    However in this year’s edition of the conferment of the rank of Senior Advocates of Nigeria (SAN) on deserving candidates, my Lord the CJN should not disappoint us.

    Merit, Integrity and Competence

    These should be used to evaluate each candidates application without these, the noble intensions which the Hon. the CJN represents and seeks might as well be another mirage.

    •Concluded

    •Rev. Eghaghe is a lawyer based in Benin City, Edo State

     

  • Forum gets governing council’s chair

    Forum gets governing council’s chair

    An Aba lawyer and former Secretary, Eastern Bar Forum (EBF), Mr Ogbonna Igwenyi, has been inaugurated as the forum’s governing council’s chairman.

    The EBF had, at its meeting in Omaga, Port Harcourt on April 27, appointed a three-man committee headed by the former Attorney-General and Commissioner for Justice in Imo State, Mr Donald Denwigwe (SAN), to oversee the election of new officers into its governing council.

    Consequently, the committee issued guidelines for the election, called for nomination of candidates and filing of nomination papers.

    At the election which took place at the Bar Centre, Abia State High Court, Aba, the office of the Secretary had only one contestant, Mr. S. Long Williams, who was returned unopposed. Mr UDA Imeh is the treasurer.

    Igwenyi and Chief John Iguh stood for the chairmanship.

    Mr. Ama Akalonu and Chinedu M. Nze were retuned as council members representing Imo and Abia states, while the house rejected the nomination of two council members by the electoral committee on the ground that they did not meet the qualification in the guidelines for the offices.

    Anambra State Bar leaders urged Iguh to step down for Igwenyi to avoid the rancour in the forum.

    The leaders said the EBF was one big family with small units and each unit should from time tom time make sacrifices for the unity of the family.

    When the decision was communicated to Igwenyi, he thanked the Anambra leaders for their show of love and brotherhood.

    When Iguh informed the house that in the interest of peace and unity, he was stepping down for Igwenyi, he was applauded for what some described as a bold step.

    Igwenyi walked up to him and hugged him to the admiration of all. Thereafter, Igwenyi was declared chairman of the forum.

    The new officers were inaugurated in Port Harcourt at a workship on partnership.

    The official leader of the Eastern Bar and President of the Nigerian Bar Association (NBA) Mr Okey Wali (SAN) praised Wodu for a job well done, and urged the new executives to continue the good work.

    He thanked Iguh for the sacrifice he made and noted that it was in the spirit of the NBA.

    The former chairman of the governing council, Professor Ernest Ojukwu, thanked all members for their contributions to the forum.

    He praised the outgoing governing council chairman, Mr. Kemasuode Wodu’s administration for introducing a new dimension in the EBF leadership, saying the seminars and workshops improved the skills members.

    A delegation of the Mid Western Bar Forum led by Prince Okonta A. O. Ajine and Joe Egun attended the meeting and brought a goodwill message.

  • Can 2013 SAN awards be merit-driven?

    Can 2013 SAN awards be merit-driven?

    As the Legal Practitioners and Privileges Committee headed by the Chief Justice of the Federation, Justice Miriam Aloma Muktar meets this period to select applicants to be honoured with the highest rank in the legal profession i.e. Senior Advocate of Nigeria (SAN), the question on the lips of every legal practitioner is, will the 2013 conferment of SAN be MERIT DRIVEN?, can it be based on merit?, can members of the privileges committee most especially the Attorney General of the Federation and Minister of Justice Mohammed Adoki (SAN) who is no doubt the most influential member of the privileges committee allow merit to guide the committee selection process?

    Section 5 (1) of the legal practitioners act cap 207 laws of the federation 1990 now cap L11 Volume 8 laws of the federation 2004 enumerated the criteria for applicants to the rank of SAN thus;

    An applicant shall furnish the committee with the following;

    1.(A) Particulars of at least six cases in which he had appeared within the last three years preceding the date of the application before the Supreme Court.

    (B) Particulars of at least two contested cases in the Supreme Court and at least four contested cases in the Court of Appeal in which applicant has appeared within at least three years preceding the date of his application before the Supreme Court

    (C) Particulars of at least one contested case in the Supreme Court or at least four contested cases in the Court of Appeal and at least six contested cases in the High Court in which the applicant has appeared within at least 3years preceding the date of his application before the Supreme Court or Court of Appeal or the High Court.

    2.Unless the committee think that an incumbent Attorney General of the Federation is not fit and proper person to be conferred with the rank of Senior Advocate of Nigeria (SAN), the A/G of the Federation would be honoured with the rank if he had not been conferred with the rank before his appointment

    3.The rank may in exceptional circumstances be conferred on academic members of the profession if the applicant has distinguish himself through teaching and published works by making substantial contribution in the field of Law and Jurisprudence. The particulars of such publication or works must be furnished to the committee.

    4.Former Queens Counsel who applied will be conferred with the Title.

    5.Partners in chambers who severally satisfied all the criteria are eligible to be conferred with the rank but not associates and salaried Junior Legal Practitioners working in the chambers.

    6.In addition to forensic Excellency, an applicant should furnish the committee with the following:

    (i) Good Law office with Library and evidence of at least two junior Legal Practitioners as staff in the chambers with other supporting staff.

    7.Candidates must also have the following qualities; good character, good reputation, honesty, integrity, ability, and sound knowledge of the law as well as provide evidence of successful practice at the bar, satisfactory presentation of cases in court and generally high standard within the profession.

    8.Respect for the code of conduct and etiquette at the bar and loyalty to the profession.

    Now that the statute is quite clear on the criteria for the conferment of the rank of SAN on any private legal practitioner who desires same, can we get assurances from the members of the privileges committee that primordial sentiments, filial relationship, clannish considerations, connections both political and otherwise will not be used as criteria for the conferment of the 2013 edition of the SAN. Should emphasis be on quota bases or where you come from in Nigeria or whom you know?

    A situation where stakeholders in the legal profession like Justices of the Supreme Court of Nigeria who are the persons eminently qualified to know legal practitioners who are into real legal practice and to some extent members of the body of benchers are not allowed to make adequate input into the consideration of candidates for the conferment of SAN does not speak well for the legal profession in Nigeria.

    This is because by virtue of their positions, justices of the appellate courts know legal practitioners that are into practice and those that are not.

    A situation where only the Chief Justice of the Federation who incidentally is the chairman of the committee and the A/G of the federation and Minister of Justice are the only ones that make inputs and /or contributions every year leaves much to be desired.

    Investigations revealed that in 2012, some candidates with the following statistics of cases were made SAN.

    Supreme Court Cases 7 7 3 6 9

    Court of Appeal Cases 7 7 7 16 12

    High Court Cases 8 1 7 11 12 9 On the other hand, some candidates with the following statistics of cases as shown in the table below were denied the rank of SAN:

    Supreme Court Cases 7 7 8 6

    Court of Appeal Cases 18 10 12 16

    High Court Cases 26 15 18 12

     

    Rank must be merit-driven

     

    It is a universal belief among lawyers that the conferment of the rank of SAN every year MUST reflect the highest level of legal practice and nothing less.

    With due respect, the Attorney General of the Federation is not a judge of either the Federal High Court or a justice of either the court of Appeal or the Supreme court and therefore is not in a convenient position to know legal practitioners who are engaged in the highest level of legal practice in Nigeria. That honour to some extent is reserved for the justices of the appellate courts.

    The rank of SAN being a status symbol in the legal profession, many lawyers are desperate to be conferred with rank to the extent that some applicants engaged on some unprofessional and unwholesome practices.

    These include (a) going to adopt written addresses at the High Court without conducting the cases as well as in the Court of Appeal without writing the briefs.

    (b) Some applicants pay for briefs both at the High Court and appellate courts levels in order to meet up with the requirements.

    (c) Others warm themselves into the hearts of members of the privileges committee in order to secure the rank by all means.

    All these with due respect is not meritorious. The selection ought and should be based on merit. The emphasis on meeting members of the privileges committee in private before one is assured a slot should be de-emphasized.

    Some members of the committee with due respect do not know these practitioners like judges and justices of the appellate courts where these lawyers appear daily to argue their cases.

    Recently at a workshop organised for judges in Abuja, the Chief Justice of the Federation Justice Aloma Muktar lamented the low quality of judgments from our courts and the conduct of some judicial officers.

    Though worthy of commendation is her fair assessment of the state of the judiciary, but the question is; what do we expect when we appoint less competent persons as judicial officers and less qualified legal practitioners as members of the inner bar?. What we plant is what we reap.

    Be that as it may, it is not late for the conferment of the rank of SAN to be opened up and the process MERIT DRIVEN.

    The appointment of SAN with due respect should be made to have the semblance of MERIT, so that any candidate that does not make the list in any given year will know that he or she does not merit the rank for that year.

    Unlike what seemed obtainable now the conferment of the rank of SAN should not depend on ones connection in high places or ones deep pocket to buy cases and or appellate briefs or other clannish considerations.

    Can it be comfortably said that the current transparency of the present selection process survive any probe outside the Supreme Court?

     

    Conclusion

     

    Award of the rank of SAN and the selection process has always been done behind the glare of publicity which has never and may never help matters with regards to transparency, accountability and merit.

    Majority of those conferred with the rank of SAN before now were given under secrecy with no rules of procedure made public.

    Although there are no requirements for public sitting of the committee and the input of at least the Nigeria Bar Association (NBA) as the umbrella association of the candidate applying for the rank of SAN.

    The problems are not, therefore, in whether it is the Northerners or Southerners that gets conferred with the ranks every year.

    The larger problem has been that those who through their connections to the corridors of power at the legal practitioners privileges committee to get conferred with the rank are not the best the profession can boast of in the country.

    Some, with due respect are not at the highest level of legal practice while the process for their selection was not merit-driven.

    The conferment of the rank of SAN in secrecy or behind the glare of publicity is a SORE POINT that needs to be looked into urgently by both the Nigerian Bar Association (NBA), body of Benchers and the members of the Legal Practitioners’ Privileges Committee.

    It should be addressed constitutionally with a view to opening up the process to avoid accusations and counter accusations and or misunderstanding by those who miss the rank.

    To that end, it would be prudent for the Committee to be more open and allow merit more than any other consideration drive the process of selection and a more transparent process put in place.

    • INNOCENT is an Awka, Anambra State based Legal Practitioner. He can be reached via nnemuruohachamber@yahoo.com

     

  • N500m debt recovery: Committee suspends SAN

    N500m debt recovery: Committee suspends SAN

    The Chief Justice of Nigeria (CJN), Justice Maryam Aloma Mukhtar, yesterday led the Legal Practitioners and Privileges Committee to suspend a Senior Advocate of Nigeria, Chief Ajibola Aribisala, pending the final disposition of a petition against him in a N500million debt recovery for Fidelity Bank Plc.

    Aribisala will lose the privileges he has been enjoying in court as a SAN.

    The committee took the decision after a two-hour session in Abuja where the petition against Aribisala was considered.

    According to sources, the CJN and the committee wielded the big stick as part of the ongoing reform of the nation’s Judiciary.

    It was learnt that Justice Mukhtar has vowed not to condone any act of misbehaviour from the bench and the bar.

    Fidelity Bank Plc said it engaged Aribisala to recover a N500million debt, but he allegedly unilaterally deducted N163million as his fee without the knowledge of the bank.

    The bank also alleged that the debt was recovered in two tranches of N300million and N200million.

    The petition also claimed that when the first tranche of N300million was recovered, Aribisala allegedly kept the bank “in the dark” until it got to know of it from another source.

    A source said: “Despite that a counsel is entitled to his fee, there must be full disclosure, which Aribisala was alleged to have violated.

    “When the issue came up, the suspended SAN went to court to stop any attempt to look into the complaints against him.

    “The Privileges Committee established a prima facie basis to conduct an investigation into the conduct of Aribisala. It is on this premise that he has been suspended. The suspension is indefinite until the case is disposed of.

    “If it involves engaging anti-graft agencies, the Privileges Committee will do so to get to the root of the matter.

    “At the session, the CJN said she would not compromise on the ongoing reforms in the Judiciary. She said all SANs must be prepared to live above board or else they would face disciplinary action.

    “She told members of the committee that ‘the era of impunity is gone.”’

    It was also learnt that the committee is awaiting an application from a former Minister of Justice, Mr. Mike Aondoakaa, for a reprieve and restoration of his rank as a SAN.

    The source added: “Although by now Aondoakaa ought to have finished serving his suspension, he still needs to write the committee to restore his SANship.

    “We are awaiting his application. But he has comported himself well throughout the suspension.”

    Others at the session were the Deputy Chairman of the National Judicial Council (NJC), Justice Mahmud Mohammed; the Acting President of the Court of Appeal, Justice Zainab Bulkachuwa; the Attorney-General of the Federation, Mr. Mohammed Bello Adoke (SAN); six chief judges representing each of the nation’s geopolitical zones and representatives of the Nigerian Bar Association.

  • Why I withdrew Ogboru’s case, by SAN

    Why I withdrew Ogboru’s case, by SAN

    Sebastine Tar Hon is a Senior Advocate of Nigeria (SAN). He is also an author of four law books, including ‘Constitutional Law and Jurisprudence in Nigeria,’ which helped in resolving the impasse over Dr. Goodluck Jonathan’s acting presidency status when the late President Umaru Yar’Adua was flown abroad for medical attention. He speaks in this interview, on the ongoing constitution review and reacts to allegations by Chief Great Ogboru of the Democratic Peoples Party (DPP) in Delta State that he compromised his interest. BISI OLANIYI reports.

     

    In view of the views of hte Nigeria Bar Association on the Constituion review process, how would you want the 1999 Con-stitution amended?

    I want them to focus more on the judiciary and the rule of law. Section 285, Sub-Sections 5, 6 and 7 should be amended. The sections limit the timeline within which tribunals and courts of justice should deliver judgments in election matters. Currently, tribunals must deliver judgments within 180 days, from the time of filing of the petitions. The Court of Appeal and the Supreme Court are to deliver judgment within 60 days from the time of filing of the appeals.

    In so much as we agree that the extension was noble, the Supreme Court has now said that anything outside those days, count us out. So, it is for the National Assembly to amend those sections and put provisos, stating that provided that if a judgment is delivered after those number of days, a court hearing such an appeal, can make certain orders.

    The second vital area is to state as one of the functions of the National Judicial Council (NJC), because it is not expressly stated, should originate budgetary proposal for the state High Courts, Sharia Courts of Appeal and Customary Courts of Appeal in the states and the FCT (Federal Capital Territory), in case of capital expenditure, to be presented to the National Assembly and budgeted upon. Once that is budgeted upon, the courts will access the funds from the NJC. Without that, state Chief Judges are pawns in the hands of state governors. Whatever they want, they do to them and the Chief Judges cannot stand up to them, in present day Nigeria.

    You have been accused by Chief Great Ogboru, the 2011 governorship candidate of the Democratic Peoples Party (DPP) in Delta State, of compromising his interest because you withdrew his application at the Supreme Court. How will you react to the allegations?

    I went to Lagos in April 2012 for a matter at the High Court, Ikeja. After the matter, Chief Great Ogboru called me and said somebody gave him my number over a matter he had at the Supreme Court. We arranged and when he met. He told me the Supreme Court has dismissed his appeal and he wanted me to apply that the Supreme Court should set aside the judgment.

    I told him that the Supreme Court hardly overrules itself, after delivering a judgment. He persisted and I told him that I would think about it.

    Luckily for me, I stumbled over an authority. A decision of the Supreme Court reported in 2011: Dingyadi against INEC, where the apex court overruled itself in a particular decision it gave, not that it set aside its previous decision, which was given in another matter. So, I felt encouraged. When Great Ogboru called me to give him feedback, I told him, with the authority, we could boldly approach the Supreme Court.

    In the course of my research too, I came across an authority: Adegoke Motors against Adesanya, reported in 1989, where the Supreme Court stated that if any counsel felt that the apex court had made an error in judgment, the counsel should be bold enough to approach the Supreme Court to overrule itself.

    So, that was the basis for accepting the brief…

    Based on these two authorities, I filed an application to have the decision overturned. In essence, I was asking the Supreme Court to sit back and determine the appeal or refer it back to the Court of Appeal. If they said that the judgment of the Court of Appeal was a nullity, I told them that it was not proper, with due respect, to say that the appeal that made them to make the pronouncement was a nullity. It was on that basis that I accepted to file the application at the Supreme Court.

    When the matter came up at the Supreme Court, I indicated openly, which can be verified from the records of the Supreme Court, that I was ready to move my own application to have the Supreme Court overrule itself or set aside its judgment.

    When I made the statement, counsel on the other side/opposing counsel, consisting of WoleOlanipekun (SAN), who was leading Alex Izinyon and a great number of other lawyers, said they had filed some preliminary objections to the application, on the issue of jurisdiction. The presiding Justice of the Supreme Court asked me, whether on the basis of the objections, if I was going to withdraw, but I said no. I will not want to mention the Justice’s name. Another counsel from Afe Babalola’s Chambers, who is also a SAN, led the team for the Peoples Democratic Party (PDP) and a young lady led the team for the Independent National Electoral Commission (INEC). The opposing counsel all said they had preliminary objections.

    So, you then withdrew the application…

    The presiding justice asked me again, whether in view of the objections, I was still ready to go on with my application and I responded in the affirmative. To show you the resolve, I had to move the application.

    The Supreme Court then said in view of the fact that I was served that morning, the matter would be adjourned till November 8, which was done. Immediately after the adjournment, the Supreme Court asked me the nature of my application. Of course, the justices had known, but they wanted to take me to task and I knew. I told them that it was an application I wanted them, with due respect, to overturn their previous decision. That was where trouble started.

    How?

    The justices of the Supreme Court told me that I was bringing the apex court on collision course with politicians and ridiculing the judiciary. They said they had read all that I had filed, including the ones filed the previous Friday and they had come to the conclusion that nothing on earth would make them grant the application. There is electronic evidence to back what I have said.

    At that point, it was only responsible and reasonable for me to withdraw the application. That was exactly what I did.

    It has been alleged that it was predetermined.

    If I had a predetermined intention not to move the application, why did I prepare and file a reply on points of law on the Friday just before the Monday that the matter was to come up? If I had anything to hide, why did I insist on that same day that Chief Ogboru put up appearance in court on the day I was to move the application? Why did I have to worry myself telling the Supreme Court, ab initio, that I had an application and was ready to move it?

    Again, why did I reject the first offer by the Supreme Court that I should withdraw the application? Was it not suicidal and bad practice when the Supreme Court raised grave allegations against me, for me to have allowed even one more second to pass without openly showing the Supreme Court that I was not that character they were describing me to be?

    How did your client react to the withdrawal?

    He called and abused me. He said a lot of wrong things about me. He accused me of compromising his brief. He called me a fraud and unprintable names. I kept my cool till today. He said I compromised his brief. I told him nothing of such happened. Before I could say anything, they had flooded the Internet with those allegations, accusing me of unprofessional conduct and even had the effrontery of writing to the Supreme Court that they had engaged another lawyer and that my conduct was gross misconduct, but I said no. This is a man or a group talking out of ignorance.

    What did he expect you to do at that point?

    I do not know what Chief Ogboru expected me to do at that point. I practise my law before the Supreme Court and not before any other person. It is the Supreme Court of Nigeria that made me a SAN and also called me to the Nigerian Bar. If the Supreme Court is directly accusing me of ridiculing it or bringing it on collision course with politicians, where am I going to practise my law? if I am thrown out of the Bar or disrobed as a SAN? What respect do I have again?

    If you go to the Internet, they said it was a predetermined position. I challenge them to go and obtain the records from the Supreme Court. When I went to the Supreme Court, I announced my appearance, and others also announced their appearance. After that, I told the Supreme Court that I was ready to move the application.

    Was Ogboru or any of his associates present in court, to be consulted, before withdrawing the application?

    My client was not in court. We met the previous Friday and I told him, while preparing the last set of papers, to be in court on Monday, He said his deputy would be in court. I learnt that the deputy was on the way, when the matter was withdrawn. Chief Ogboru sent his associates and some lawyers to court. I consulted one of the lawyers he sent, who told me not to withdraw, but I said no, I was not going to seek adjournment again, since the Supreme Court had made its position known.

    At that point, consultation was no longer necessary. It was no longer a fact. An application is based purely on law. I did my best, which my client described as the best that he has ever seen and the Supreme Court said it was not enough. There was no need to go again and consult.

    The matter came up at the Supreme Court on Monday. On Friday, we were together in my chambers in Abuja and he saw all that I prepared and he described it as excellent. He said my posture was also excellent. I then went to court. The Supreme Court said it was an academic exercise, that the application would not be granted. At that point, what other consultation would I have made? It is more reasonable to terminate the matter at that stage, than to prolong the evil day.

    Will it be correct to say that you actually compromised in the matter? Couldn’t you have simply withdrawn your apperance?

    How could I have done that? Since I started practice, this is the first time any client of mine is feeling dissatisfied, not to talk of alleging that I collected money from opposing camp to compromise his brief.

    As an authority, as an author of four law books: Constitutional Law and Jurisprudence in Nigeria Law of Evidence in Nigeria, Substantive and Procedural Civil Procedure in Nigeria, Federal High Court, State High Courts and FCT Abuja High Courts, Volume 1, Hon’s Law of Evidence in Nigeria, God has given me the grace to become a SAN at my age, won’t I be the greatest fool, if I compromise myself? I am a reference point, both nationally and internationally. I just have to bring out my person, so that Nigerians and everybody will know that these allegations are useless, baseless and capricious. Why should Great Ogboru’s matter be different? In short, I regret accepting that brief. If he goes beyond this point, I will fight him legally.