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Tag: SAN

  • Afe Babalola makes case for reputable Law Colleges to prepare Law graduates for bar examinations

    Frontline Legal icon and Founder of Afe Babalola University, Ado-Ekiti, ABUAD, Aare Afe Babalola, SAN, has advocated that reputable Colleges/Faculty of Law in Nigerian Universities should henceforth be saddled with the responsibility of training Law graduates preparatory for their final Call to Bar Examinations at the Law School.

    With this proposed arrangement, Law graduates from Nigerian universities will proceed to these reputable Colleges/Faculties of Law, Like ABUAD College of Law, with up-to-date facilities and Faculty members of international repute for their post-LL.B training and only go to the Law School to write their Call to Bar Examinations without being residential student in the Law School as is currently the case.

    This way, Babalola, who spoke over the weekend at a reception in honour of the Director-General of the Nigerian Law School, Prof. Isa Ciroma, SAN, said Nigeria would have borrowed a leaf from the practice in England, thereby frontally addressing the  problem of funding and myriad other problems which the Law School had had to contend with over the years.

    According to him, the problem of paucity of facilities and accommodation space have been some of the major problems the Law School had had to content with and its attendant bottleneck of having backlog of students because it does not have the capacity and the resources to cope with the number of Law graduates being churned out by the various Law Colleges/Faculties annually.

    Babalola who lamented that the Nigerian Bar is different from what he met when he was called to the Bar in 1963 or what it was before he made up his mind to study Law in the first instance, said a lot need to be done to turn things around for better in the profession for it to recapture the reverence the legal profession used to attract and enjoy many decades ago.

    Now fishing in most familiar waters, Babalola recalled how many lawyers have been asking for the abrogation of the SAN title in last few years. Their grievance being that they apply year-after-year with as many as 70 qualifying for the award every year. But at the end of the day, the Legal Privileges Committee of the Bar which admits Legal Practitioners into SAN-ship,  would lean so heavily on the law that says they cannot appoint more than 15 in any particular year, thereby leaving (having) a backlog of those who are qualified, but not awarded, almost on a yearly basis.

    The question then arises: if a person is qualified at a particular point in time, at what point does he become unqualified again? Perhaps one may ask those who are charged with the duty of appointing 15 out of 60 or 70 qualified practitioners what criteria they use to jettison those who are qualified. The problem here is that without knowing it, this practice of appointing 15 out of the several that are qualified has led to corruption, sectionalism and favouritism and corner-cutting by some junior lawyers, thereby lowering the standard of practice in the country.

    That practice has unwittingly led to the “man-know-man” syndrome and other extraneous influences where those who appoint Legal Practitioners to SAN-ship tend to favour those they know ahead of those they don’t know very well.

    Nigeria should copy England where the idea of the silk (SAN title), the equivalent of QC in England was borrowed from root, stem and branch. From time immemorial in England, no matter the number that qualify in a particular year, be it 60 or 70, all of them would be appointed, leaving no room for any backlog. Nigeria must do the needful in this regard if it must not be left behind.

    His words: “The practice in those days was that successful Legal Practitioners are invited to for appointments on the Bench. Now, the standard I met then is not the standard any more. Only 10 years after my arrival, I was invited to the Bench by Hon. Justice Oyemade, the Chief Judge of Western Region. I told him I still needed some money of my own. You know the impression then was that when you go to the Bench you will be corrupt”.

    We added:”We were hearing of cases of some Justices of the Supreme Court, Court of Appeal being removed on grounds of, according to them, corruption…. I did not know of a successful legal practitioner who wanted to go to the Bench then. The practice which I know is that when you are a successful practitioner, you want to retire to the Bench and adorn it with your years of knowledge of legal practice.

    “So all over the world, the best judges are the best legal practitioners, that is why in England up till today, judges are recruited from Queen’s Counsel (the equivalent of our Senior Advocates of Nigeria), who have distinguished themselves. Now, the standard I met then is not the standard any more”.

    But today in Nigeria, many extraneous qualifications have crept into the appointment of judges so much so that people working in public limited liability companies have been appointed judges to satisfy geographical spread.

    His words:”Our Bench must be populated with qualified people who have practiced Law and not just who rose from the Magistrate Courts to the High Courts. When you read some judgments by some High Court Judges, you wonder and marvel because they are not more than the pronouncements of Magistrates”.

    He added: “In England, it is only those with QC, the equivalent of our Senior Advocates that are invited to occupy the Bench and this has helped the quality of judgments in England over the years. Why can’t we do same here? It will help our practice of Law and the quality of judgments from the Bench”.

    Babalola therefore suggested that if people who qualify to be made Senior Advocates of Nigeria are not restricted in number, there would be a ready pool of Senior Advocates of Nigeria, who have made good money in their practice years, and ready to accept elevation to the Bench like the late Hon. Justice Taslim Olawale Elias, and the late Hon. Justice Augustine Nnamani thereby increasing/improving quality of judges and reducing corruption.

    He thanked Ciroma for visiting ABUAD, adding that it washis love for quality and functional education that propelled him to visit ABUAD for the first time. Babalola commended the DG-Law School for being on top in several ways: A Professor of Law, a Senior Advocate of Nigeria and above the Director-General of the Nigerian Law School.

    Ciroma commended Babalola and the ABUAD community for changing the face of Education in Nigeria within the short history of the university, stressing that if more people invest in Education, Nigeria will be the better for it.

     

    • Olofintila writes in from Ado-Ekiti

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

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

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

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

    Details later.

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

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

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

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

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

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

    The SAN himself    has fired back at the NBA leadership

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    It’s an inspired petition, says Umar

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Onnoghen: SAN backs CCT on warrant of arrest

    A Senior Advocate of Ni-geria (SAN), Babatunde Fashanu, has said the Code of Conduct Tribunal (CCT) was right to have issued a warrant for the arrest of suspended Chief Justice of Nigeria (CJN) Walter Onnoghen.

    He said the tribunal’s ruling was in order since the Court of Appeal has given it the nod to try Onnoghen.

    “Technically, having been given the go ahead by the Court of Appeal to continue with the trial of the CJN, the CCT is right to go on and make any order to ensure it goes on with the case,” Fashanu said.­­

    The tribunal has since vacated  the order following Onnoghen’s appearance on Friday. He pleaded not guilty to the charge of non-asset declaration.

    But Fashanu advised the CCT to clear the issue of jurisdiction raised against its competence to try the case first before any other thing.

    Fashanu recalled that Onnoghen, through his counsel, had objected to his trial and challenged the tribunal’s jurisdiction to hear the case.

    “One would have thought the CCT would first determine it’s jurisdiction before issuing warrant of arrest especially as it is common knowledge that the matter is now being considered by the NJC.

    “Secondly, the suspended CJN has objected to the competence of the Tribunal Chairman to try him. The Tribunal needs to rule on that first before going into any other thing,” he argued.

    Fashanu did not agree with the tribunal on the suspension of Justice Onnoghen.

    “Rightly or wrongly (wrongly in my view), the Tribunal has suspended the CJN for the time being, so, what’s the rush in going on without first determining the competence of the Tribunal Chairman to sit in the case and to determine it’s jurisdiction?” he queried.

     

  • AGF calls on INEC to allow Zamfara APC field candidates for elections

    The Attorney-General of the Federation, Mr Abubakar Malami, (SAN) has asked the Independent National Electoral Commission, (INEC) to allow the All Progressives Congress (APC) Zamfara, field candidates for the general elections.

    Malami, who doubles as the Minister of Justice, made the call in a letter to INEC dated Feb. 13, and made available to the News Agency of Nigeria (NAN).

    The minister said that INEC could not foreclose the right of a political party to participate in elections without recourse to the Act.

    “My office received a petition from the firm of M. A. Mahmud, (SAN) & CO, in respect of the need to urgently consider Sections 38 and 39 of the Electoral Act and extend the time for the APC Zamfara to field a gubernatorial candidate in the light of a Zamfara High Court judgment in suit No.ZMS/GS/52/2018.

    “The letter was requesting that the subsisting judgment in the suit be upheld and respected by INEC, as the Court of Appeal has upheld the appeal with No. CA/S/23/2019; thus effectively annulling the grounds upon which the purported cancellation of the APC Primaries in Zamfara by INEC was based.’’

    Malami, in the letter invited INEC to comply with the judgment of the Court of Appeal by admitting the results of the APC Zamfara primaries.

    He also invited INEC to comply with the provisions of Section 38 of the Electoral Act, which empower the commission to postpone the election for the governorship, National Assembly and House of Assembly elections.

    He said this was in view of the fact since the Court of Appeal had upheld the primaries as valid, the APC in Zamfara would need a little time to catch up with its contemporaries in the election.

    “Granting them this concession is not necessarily a favour but a right that inures to all contestants under similar circumstances.”

    The AGF maintained that by the doctrine and principle of judicial precedence, the appeal superseded the Federal High Court’s position which foreclosed APC Zamfara from fielding candidates in the Feb. and March general elections. (NAN)

  • SAN urges NJC to tackle delays through court digitalisation

    A SENIOR Advocate of Nigeria (SAN), Prof. Yemi Akinseye-George, has urged the National Judicial Council (NJC) to prioritise the digitalisation of courts to reduce delays.

    On his expectation of the judiciary in the new year, the Centre for Socio-Legal Studies President said the issue of judicial independence and judges’ welfare also deserve priority attention.

    “Court digitalisation must be a matter of priority. Locally developed software for e-recording of courts should be deployed. This will enhance speedy dispensation of justice as judges can have access to e-recorded proceedings both audio and video.

    “It will also help to address the problem associated with de-novo (repeat) trials following transfer of judges, death, promotion or retirement,” Akinseye-George said.

    The SAN urged the NJC to sustain its focus on judicial discipline, integrity, accountability and productivity in 2019, and to keep disclosing steps taken to maintain zero-tolerance for judicial corruption.

    On judges’ welfare, Akinseye-George said: “The NJC needs to take more seriously, the issue of welfare of judges. Salary should be reviewed upwards. Lump sum payments should be made to cushion the effect of inflation and plummeting value of the naira.

    “Actualising financial autonomy for the judiciary at the state level should be a matter of priority. The NJC should enlist the support of the Nigerian Bar Association (NBA) to blacklist any state that fails to implement the financial autonomy for the judiciary at the state level.

    “2019 should be a year when the judiciary should not allow the politicians to mess it up. All hands must be on deck to protect the judiciary at all levels from the corrosive influence of politicians and money bags.

    “The CJN has made history for his valiant efforts to protect and strengthen the independence of the judiciary. The NBA and the Body of Senior Advocates must support the efforts of the CJN.”

    On his assessment of the Judiciary’s performance last year, the professor of law, whose centre is equipping two pilot courts with Q-soft Denovo e-recording system said its image is gradually being restored.

    “The judgment of the Court of Appeal in Nganjiwa is a gigantic step in the right direction. So also is Olisa Metuh v. FRN.

    “The Federal High Court has also rightly issued new practice directions for implementing the Administration of Criminal Justice Act (ACJA). Lagos State and others should follow the Federal Capital Territory (FCT) High Court and the Federal High Court in this respect.

    “The judiciary remains the hope of democracy in this country. The executive and legislative arms are so messed up that unless the judiciary stands firm, we can as well say ‘bye bye’ to democracy and human rights. Let’s make 2019 the year of the judiciary,” he added.

     

  • NBA Ibadan to honour judges, SANs at Law Week

    The annual law week of the Nigerian Bar Association ( NBA) Ibadan branch begins  today at the Aare Afe Babalola Bar Centre, Iyaganku, with the theme: Nation building and the fundamentals of peace and justice.

    The week will start today with Owolabi Afuye memorial lecture under the chairmanship of the President, Oyo State Customary Court of Appeal, Justice Eni Esan .

    Prof. Oluyemisi Bamgbose ( SAN) will be the guest lecturer.

    Wednesday’s session will focus on Criminal justice: the evolving landscape and the Bar perspective, while the second session will look at the ‘Multi-Door Court House in action,’  with a mock mediation session.

    The third session will interrogate the ‘Nigerian Bar, our next generation, the next frontier.’

    Thursday is health and fitness day  with a grand ball dinner at 5.30 pm followed by awards presentation to Judges, Senior Advocates of Nigeria and others who have contributed to the development and growth of the branch.

    A  letter to one of the Awardees signed by the branch secretary, Mr. Akeem A.Okelola stated that the award is  in recognition of their meritorious contributions to the  branch,  appreciation of their strong belief in taking the association to an enviable height.

    The awardees include: Justice J. Bamgbose, Justice Kunle Adeigbe (rtd.), Prof. Oluyemisi Bamgbose (SAN),  Mr. Kola Olawoye (SAN), Chief Michael Abayomi Aliyu (SAN), Mr. Johnson Olalekan Ojo (SAN), Mr. Dele Akinmusuti, while Chief M. L. Lagunju will be invested as a Patron of the branch

     

  • SAN faults transfer of Abia APC tussle suit

    Counsel to All Progressives Party (APC) in Abia State, led by Dr Emmanuel Ndukwe, Chief Ndukwe Nnawuchi (SAN), has faulted the Chief Judge, Justice Onuoha Ogwe’s role in the transfer of a suit.

    Nnawuchi spoke before Justice Collinton Okoroafor at Okpuala Ngwa High Court in Isiala Ngwa North Local Government, decrying the  handling the issue by  the chief judge.

    The lawyer was reacting to an order from the chief judge that the judge should hands off a suit pending at Justice Okoroafor’s court, saying the suit was transferred to Osisioma High Court without due process.

    The chief judge’s order was sequel to an application by the sacked former leadership of the APC in the state, led by Donatus Nwankpa, to transfer the suit from Okpuala Ngwa to Osisoma High Court.

    The court, in a ruling early in the year, replaced the Nwankpa-led committee with Emmanuel Ndukwe, who was then secretary of the party in the state.

    Submitting the order to the court, counsel for the sacked leadership C.C. Elele argued that “in this circumstance, having full regard to this order, this court has lost jurisdiction to handle this matter”.

    In a reaction, Nnawuchi said that was the first time he had seen the order, describing it as a mixture of what looks like an order and a personal letter to an unnamed person.

    Counsel for the Ndukwe-led leadership in the suit filed by Fab Okonkwo and two others added that the order was a document written on the letterhead of the Office of the Chief Judge.

    Nnawuchi said: “My Lord, an order of court comes from the court and is headed to the court which is making that order, the document being presented is intended to rubbish the integrity and judicial power of this court”.

    He continued: “He has no judicial powers to make any order which will be diametrical to the one already made by this court and which will have the effect of rendering impotent a subsisting order of this court”.

    Nnawuchi  said: “The chief judge has a coordinate jurisdiction with the other high courts and is not a court of appeal as he is not sitting on appeal over the order of this court”.

    The proceedings in the suit ran into crisis over a month ago when the case file was reportedly removed from the court on instructions of the Chief Registrar, Benson Anya.

    He said by Elele’s submission, his jurisdiction on the suit had been challenged, and adjourned the matter to November 20.

    Justice Okoroafor decried the way the case was going as his jurisdiction had been challenged.

     

     

  • Yusuf didn’t sue Presidency over ‘suspension’, says SAN

    Mr Uche Val Obi (SAN), counsel for National Health Insurance Scheme (NHIS) Executive Secretary Prof Usman Yusuf, has clarified that his client did not sue President Muhammadu Buhari or Secretary to the Government of the Federation (SGF) Boss Mustapha over his “suspension”.

    He said his client had accepted the directive to proceed on leave of absence from yesterday and remains loyal to the President.

    According to him, Yusuf only went to court to seek interpretation of the NHIS Governing Council’s powers to suspend him two days before he got the letter asking him to proceed on leave of absence.

    Obi said his client would suspend the legal proceedings and not to interfere with the Independent Fact-Finding Panel set up by the Presidency.

    Obi said the news that Yusuf took the Presidency to court over his purported suspension by the NHIS Governing Board was fake.

    The SAN clarified that his client approached the Federal High Court through an originating summons filed on October 29, with NHIS, Minister of Health, and the Attorney-General as defendants.

    According to him, Yusuf sought judicial interpretation and determination of questions on the propriety or otherwise of the Governing Council’s action in suspending him without Presidential approval or following due process of law.

    Obi said Yusuf also sought consequential order setting aside his suspension by the Council, including its appointment of a General Manager to act in his place during the period of the purported indefinite suspension.

    Obi said the suit was served on the defendants on October 30.

    The SAN said Yusuf received the letter from the office of the SGF on October 31 at 4.30pm from the Minister of Health directing him to proceed on administrative leave on the President’s approval.

    “Having received the Presidential directives as conveyed in the SGF’s letter aforesaid, our client hereby confirms that he welcomes the Presidential intervention and remains obligated to fully and strictly comply with the directives.

    “He will accordingly be proceeding on administrative leave with effect from Monday, 5th November 2018 so as to give room to the Independent Fact-Finding Panel set up by the Federal Government to carry out its important task of investigating the allegations of infractions levelled against him by the Governing Council of the Scheme.

    “Similarly, our client wishes to pledge his continued loyalty to Mr. President and to fully cooperate with the incoming Overseeing Director, Mr. Ben Omogo, with whom him he has already met, and the Independent Fact-Finding Panel set up by the Presidency to deal with the matter.

    “In view of this development, to ensure that there is no interference with the work and finding of the Panel and as instructed by our client, we shall be taking prompt steps to suspend the pending legal proceedings aforesaid,” Obi said in a statement yesterday.

  • SAN seeks equal application as lawyer backs Executive Order 6

    A Senior Advocate of Nigeria (SAN) Mr. Jibrin Okutepa (SAN) has welcomed the Executive Order 06 issued by President Muhammadu Buhari.

    He urged law enforcement agencies to ensure its equal application without fear, favour or ill-will.

    A former Nigerian Bar Association (NBA) Legal Adviser Mr. Victor C. Nwaugo also backed Executive Order 6.

    Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), had said the essence of the Executive Order 6 was to ensure that assets connected to persons under investigation or trial were not dissipated.

    Okutepa said Nigeria was not the only country where that kind of executive order was being issued.

    He recalled that in the United Kingdom, there is the Unexplained Wealth Order, which is applied to those whose assets appear to be more than their legitimate income.

    Okutepa said: “I think the essence of these orders is to ensure that corruption is dealt a fatal blow in our land. I think the greatest enemies of Nigeria are Nigerians not the Peoples Democratic Party (PDP) or All Progressives Congress (APC).

    “The primitive acquisitions of material wealth in Nigeria and the unbridled manner it is done and being done should worry any right thinking person. The primaries of political parties have come and gone but we all saw what aspirants went through.

    “We should be worried that people buy their way to power. The rate of corruption and corrupt influences in Nigeria require extraordinary measures to deal with.

    “Those talking about human rights of those who have sentenced us to economic death sentence should appreciate that when those people were killing us vide corruption, they did not think of our own human rights to good road, health care and other social amenities.

    “Nigerians must see that corruption is the greatest business enterprise in Nigeria. We all hate it but love its practice. For me any measure that will bring corruption to an end is good for Nigeria.

    “Corruption is a heavyweight wrestler. It cannot be fought with kids’ glove. We need necessary process to fight it and I believe the Orders of government are necessary instruments to fight it.

    “As Nigerians, we should insist on even application to all and sundry without fear or favour affection or ill-will. There must not be selective applications.”

    Nwaugo said the order was merely a presidential policy directive issued towards curbing corruption.

    “It should be borne in mind that, in course of the campaign for the election of Muhammadu Buhari as the President of Nigeria, he made fight against corruption one of the cardinal principles of his administration, which Nigerians overwhelmingly endorsed by voting him into power.

    “That the 1999 constitution guarantees freedom of movement and fair trial of a Nigerian citizen does not guarantee absolute freedom or innocence of every Nigerian.

    “The constitution qualifies such freedom and fair trial under Sections 35 (1) (c) and 36 (5) of the constitution.

    “Presumption of innocence does not qualify as absolute innocence hence once an accused is under investigation, his right to freely move may be temporarily hampered within the realm of the security agency concerned or even before the court if charged.

    “In fact, once a person is standing trial, his freedom of movement is temporarily hampered pending the trial and determination of his case as his right to movement will be subjected to the discretion of the court concerned,” Nwaugo said.

    The lawyer recalled that America had refused to allow journalists interview security agents who interrogated the perpetuators of bombing of twin pillars of America, as it was classified as a matter of security.

    “Extra ordinary situation requires extra-ordinary measure. In Nigeria, right before our very eyes few individuals have cornered by fraudulent means, the resources and  wealth that would have librated Nigeria from the shackles of poverty.

    “Contracts running into billions would be awarded for construction of roads, the roads would not be constructed, but the money released and shared by few while the majority will be made to suffer the effect of failure to construct such roads. Some lose their goods or lives for few wicked fraudsters to smile to the bank.

    “There is the argument that Order 6 of 2018 seeks to usurp the functions of the Judiciary particularly because some of the presumed persons to be affected by the Order are already standing trial before the court and therefore subject to the discretion of the court in determining whether they can travel out of Nigeria or not.

    “That argument cannot hold water in the face of the case of Barr. Ikenga Imo & Anor vs. President of Federal Republic of Nigeria & Anor, FHC/ABJ/CS/740/18where the court affirmed our position that Executive Order 6 of 2018 is not self executory but that concerned security agency shall seek the discretion of court in the temporary seizure or restriction of movement of the citizen concerned.

    “In other words, the security agency concerned in the ongoing cases before the court can only restrict the movement of any accused person or temporarily seize the suspected corruptly acquired property after obtaining an Order of court to that effect.

    “I have carefully perused the contents of Executive Order 6 of 2018, I have also compared same with the constitutional provisions guaranteeing fundamental right of Nigerians, I have also looked at Sections 5 and 15 (5) of the 1999 constitution which empowers the President of Federal Republic of Nigeria to exercise Executive Powers of the Federation and abolish all corrupt practices.

    “I have come to the immutable conclusion that Preservation of Assets Connected with Corruption and other Related Offences Order 2018 is a necessary instrument that will enable the relevant agencies wage war against corruption in Nigeria,” Nwaugo said.