Not a few love to call him Senior Advocate of the Masses (SAM) 2, after the incomparable Gani Fawehinmi, SAN, SAM (1938-2009), the original to get that accolade.
Femi Falana, SAN, who just turned 60, is not Gani Fawehinmi. But like Gani, the Nigerian establishment, for much long, denied him a professional distinction, the Senior Advocate of Nigeria, that he eminently merited. That Mr. Falana has taken the silk today is both a tribute to the triumph of justice, equity and fair play, as it is a salute to the supreme and unbending belief in one’s cherished values.
In Nigerian law history, two major schools would appear to have evolved. The first school teems with lawyers that champion law for law’s sake. Their patron saint would clearly appear Nigeria’s first SAN, the late Chief Rotimi Williams (1920-2005) aka Timi the Law and Weight of Evidence, since his giant frame fairly conjured the formidable image of a legal Titan.
The second school ripples with lawyers, no less brilliant at law, but who see the law as an urgent and potent tool to help chisel the general society into a better shape. Gani sits clearly atop this pantheon of legal saints, for whom the Nigerian civil society owes eternal gratitude, especially during that terrible era of military rule. In this distinguished galaxy would sit the late Alao Aka-Bashorun (1930-2005), former Nigerian Bar Association (NBA) president (1987-1989), Olisa Agbakoba, SAN, on his exploit as first president of the Civil Liberties Organisation (CLO), and of course, then young Turk, now a major force, both at law and social crusading, Mr. Falana.
Indeed, since joining Aka-Basorun’s People’s Chambers in 1983 as a fresh wig, after graduating from the Nigerian Law School and the University of Ife (now Obafemi Awolowo University, OAU), Mr. Falana chose a life of struggle — not for himself and family per se, but for society, then under military jackboot rule. So with Aka-Basorun before his exile, ill health and death, and for much longer with Gani, and the late Dr. Beko Ransome-Kuti, Falana was in every major campaign to fix his country.
He was part of the braves that, in September 1990, essayed a Sovereign National Conference (SNC) in Lagos. He was just seven years at the Bar. Though Gen. Ibrahim Babangida’s junta crushed that attempt, it was the first serious notice, by the radical and progressive elements of Nigeria’s civil populace, that Nigerians were getting tired of Babangida’s transition to nowhere.
When Babangida’s cup ran over, and he rashly annulled the June 12, 1993 presidential election which Bashorun MKO Abiola won, Falana was part of his nemesis: the carefully organised civil resistance to that criminal impunity. Though the mandate never got re-actualised, Falana and co. could claim the credit for not only claiming IBB’s scalp (forcing him to “step aside” from power) but ensuring neither Sani Abacha nor other venal military adventurists got lasting gains from that outrage. The eventual result was the hurried military withdrawal to the barracks to face their core duty and the rebirth of democracy in 1999.
But even at that, Femi Falana has, since 1999, seized the instrumentality of the law and his extensive reach within civil society, to further push the frontiers of responsible governance and citizens’ freedom. He is in and out of court to sue to either do the undone or stop a wrong action embarked upon. Every time, he has been a forceful and progressive articulator of the law and most times, like Gani before him, coming down hard on the side of the citizen, against the Leviathan government.
Even with the present democratic dispensation had come the high crime of rigging elections and trying to suborn the courts to keep the proceeds of fiddled votes. Again, Mr. Falana has been in the vanguard of those corps of lawyers that got many of these brazen electoral heists recovered.
President Muhammadu Buhari’s election in 2015 and his high profile war against corruption have put the judiciary’s foot to the fire, especially on the vexed issue of judicial corruption and the miscarriage of justice. Again, when other lawyers hee-haw, on the one hand condemning judicial corruption, but in another breath seeking some sickly solace in judicial esprit de corps, Falana is one of the few that have come out strongly on the side of justice, even against its blighted temple.
In the current effort, Falana has been an immeasurable support to the Economic and Financial Crimes Commission (EFCC). If the war achieves its goal, and the judiciary is rid of criminal and compromising elements and the Nigerian judiciary regains its old respect and citizens can again get justice without much ado, then that success would be due to the crucial and unambiguous support by the likes of Femi Falana, in those very days of the judiciary’s institutional conspiracy against its own wellness and long- term sanity.
Many, of course, have charged Femi Falana, on account of his name popularity with the media, of the penchant to play to the gallery. That is no illegitimate charge. But suffice it to say: even with that, he would count among the very finest of his generation, in applying the law to fix the society.
For this, both Alao Aka-Basorun and Gani Fawehinmi must be proud of a worthy protégée hoisting that noble banner. But for Falana at 60, it’s morning yet on crusading day!
In this article, Lagos lawyer and law teacher Wahab Shittu eulogises Femi Falana on his 60th birthday
Wahab Shittu
It is not an easy task paying tribute to Femi ‘Authority’ Falana SAN who clocked 60 recently with encomiums and accolades everywhere, including the rare one from the President of the Federal Republic of Nigeria, President Muhammadu Buhari who commended ‘’…Falana’s sense of patriotism over the years as well as “his antecedents which the president described as “…most exemplary and commendable in advocating for a better life for the poor and underprivileged”.
I will say it is not easy commenting on the persona called Femi Falana (SAN) because of the dilemma of deciding which aspect of this extraordinary Nigerian to focus on in such commentary. Many will prefer to focus on his activities as a lawyer as well as a human rights crusader consistently for several decades in company of such greats as the late Chief Gani Fawehinmi (SAN), the late Dr. Beko Ransome Kuti, Nobel Laureate Professor Wole Soyinka and many others in that category who were and have been relentless in their crusade for the enthronement of good governance, rights protection and enhancement of the living standards of our people. In this category of assessment, Falana (SAN) ranks very high on account of his accomplishments. This is, however, one aspect of Femi Falana (SAN). There is the other aspect of Falana as a consummate strategist that no one can ignore. Indeed, his rating on this score is so high that if you are to contend in any battle against Falana you are better warned to be fully prepared for this is a soldier in battle difficult to confront or dislodge in any encounter, whether within or outside the courtroom.
Thirdly, there is also another aspect of Falana (SAN) as a vociferous protester against all manner of injustice. Indeed, he is such a one-man riot squad that his singular crusade on any matter at all is sufficient to draw the attention of the authorities to take notice and implement. Falana (SAN) also has incredible capacity to build, cultivate, retain and nourish relationships across board. He is a friend to human rights and democracy crusaders, friend to the ivory tower including established academia of various orientation, friend to labour movements, friend to the poor and underprivileged, friend to those in privileged circles, friend to those within and outside government and all these relationships, Falana (SAN) nurture without betraying his principles. In nurturing such relationships, the surprise element is that Falana is always very careful to uphold ethics and the highest professional standards.What of Falana’s strength of advocacy in the courtroom? Oh my God! Falana (SAN) is such a delight to watch in the courtroom with capacity to make very serious points even while putting up regular smiles in a manner that will leave opposing counsel sometimes seriously perplexed. Learned silk argues clearly, masterfully, logically and with clear focus. As counsel in the proceedings, he is very fierce yet friendly and willing to make concessions in the best and finest tradition of the bar. I recalled that it was this trait that attracted him to me many years ago and we have since retained such senior friend/junior friend relationship ever since. I had wondered at the time, how can a counsel be so gifted and yet so friendly?
Falana (SAN) is also an uncommon patriot who is obsessed with the theory of development and he never abandons his friends within and outside government. Arakunrin Oluwarotimi Akeredolu SAN in a recent tribute to him wrote:
‘…we are gladdened that you stand out, proudly, among genuine patriots and true lovers of our country. That you remain a consistent and relentless advocate of the downtrodden is a fact through which we derive immense pride in our association with you…your prodigious talent has enriched our jurisprudence. Your seminal interventions at crucial moments continue to resolve the socio-political conundrums thrown up by the very logic of socio-economic interaction in a transitional society. You are indeed a priceless gift.”
What a testimonial!
Many may not be aware of the monumental contributions of Femi ‘Authority’ Falana (SAN) to the anti-corruption crusade in our country. Perhaps it is a story for another day how Falana influenced the choice and emergence of Mallam Nuhu Ribadu, the anticorruption czar in our country and how his activities directly or indirectly encouraged the emergence of the latest anti-corruption sensation in our country, Ibrahim Mustapha Magu. Femi Falana SAN consistently makes his services available to support the anticorruption crusade and movements in our country. On a personal level, Femi Falana SAN it was who introduced this writer to the prosecutorial assignment in EFCC since inception and for this, I remain eternally grateful to this extraordinary Nigerian. His expectation is that I and many others in that category do not betray the sacred trust. I remember that constantly in addition primarily to the reputation of my background.
What of Falana as a humanist? Femi Falana is ingeniously humane and willing to deploy his talents always in the service of the common good. Abraham may have had elements like Falana (SAN) when he wrote:
“The worthiness of life is deep rooted in sacrifice to mankind. If one dies in the process, he becomes a martyr.”
Femi Falana by his activities is definitely on a journey to martyrdom.
The celebrant is also a very passionate family man who has raised with his wife, Funmi Falana very successful children among which is Folarin Falana, the popular artist known as Falz.
In the past, I commented about Falana (SAN) as follows:
“It is said that there is time to labour and there is time for harvest. Anybody familiar with Femi Falana (SAN) and his delectable wife, Funmi Falana would agree that this is one unique couple who have come a long way together and certainly have paid their dues…”
Who is this Falana (SAN)?
Femi Falana was born at Ilawe, Ekiti State on May 20, 1958. He studied Law at the University of Ife (now Obafemi Awolowo University) and the Nigerian Law School. Since he was called to the bar in July 1982, he has been in active legal practice majoring in human rights and international humanitarian law. Through public interest litigation Mr. Falana has contributed to the promotion of human rights, defence of the rule of law and the expansion of the democratic space in Africa.
Following the suspension of human rights provisions in the Constitution by successive military regimes Mr. Falana convinced Nigerian courts to uphold the human rights guaranteed by the African Charter on Human and Peoples Rights. He equally championed the campaign which led to the expansion of the mandate of the Community Court of Justice to enforce the human rights Community citizens in West Africa. Apart from his regular appearances in Nigerian courts Mr. Falana has represented victims of human rights abuse at the African Commission on Human and Peoples’ Rights, in Banjul, The Gambia; Community Court of Justice, in Abuja, Nigeria; Special Court for Sierra Leone, in Freetown, Sierra Leone and African Court on Human and Peoples’ Rights, in Arusha, Tanzania.
Through the instrumentality of the law Mr. Falana’s law firm has secured the release of hundreds of illegally detained persons and ensured the reinstatement of many dismissed students and staff of tertiary institutions. He has also got reprieve for scores of soldiers who were charged, convicted and sentenced to death by military courts. The law firm successfully stopped the execution of the 12 kids who were convicted for armed robbery by a military tribunal in Lagos in 1989; the take-over of the Nigerian Bar Association by the military junta; the proscription of the Academic Staff Union of Universities (ASUU) and the criminalization of strikes by teachers; the arrest and detention of family members in lieu of wanted criminal suspects and the indefinite suspension of legislators from legislative houses.
Aside the promotion of political and civil rights Mr. Falana’s law has ensured the recognition and protection of the socio-economic rights of the people by local and international tribunals. Thus, the courts have upheld the right of Nigerians to protest without police permit, the right of police women to marry without permit, the right of every Nigerian child to free and compulsory basic education, the right of undergraduates to education loan, the right of underprivileged citizens to access loans for business without collateral, the right of citizens to protection and security of life and the right of the people of the oil producing communities in the Niger Delta region to a safe and healthy environment.
Mr. Falana has consistently campaigned for the enactment of welfare laws to cater for the majority of poor and disadvantaged citizens. On account of his human rights activities he was arrested and detained in police and prison custody on several occasions by the former military dictators. He was charged with criminal offences including unlawful assembly, incitement, sedition and treasonable felony but was never convicted by any court. As a youth corps lawyer, Mr. Falana successfully defended some student activists who were charged with attempted murder by the police. The authorities seized his National Youth Discharge Certificate for 18 years for embarrassing the federal government
However, he has been honoured for his consistent defence of human rights and rule of law. He is one of the 4 lawyers in Africa who have been conferred with the prestigious Bernard Simons Human Rights Award by the International Bar Association. His many other awards include the American Bar Association International Human Rights Award (1986); the Defender of the Year Award from the International League for Human Rights, New York (2000); Kwame Nkrumah Leadership Award, Ghana (2003); Knight Outstanding Leadership by the Commonwealth of Massachusetts State, Senate, House of Representatives and Boston Council, United States (1998); Knight of Freedom Award by the Legal Aid Council of Nigeria (2009); Gani Fawehinmi Life Time Award on Human Rights from the Hallmark of Labour Foundation, Nigeria (2011); Promoter of Human Rights Jurispudence in Africa by the National Human Rights Commission (2015).
Apart from his stints as a member of the National Executive Committee of the Nigerian Bar Association and General Bar Council Mr. Falana was the President, Committee for the Defence of Human Rights (1996-1998); Secretary-General, African Bar Association (2000-2002) and President, West African Bar Association (2004-2009). Mr. Falana is a Senior Advocate of Nigeria, Fellow of the Institute of Chartered Arbitrators of Nigeria and Institute of Chartered Public Administrators of Nigeria, member of the Nigerian Bar Association, International Bar Association, Pan African Lawyers Union and West African Bar Association.
Mr. Falana is a regular commentator on public affairs and the Editor-in-Chief, Weekly Report of Nigeria. He is a member of the Editorial Board of Thisday Newspaper; the Network for the Defence of Journalists in West Africa and the International Centre for Investigative Journalism and Justice Research Institute. He is also a member of the African Group on Justice and Accountability. Mr. Falana has a long list of publications including Fundamental Rights Enforcement in Nigeria (2004); Fundamental Rights Enforcement (second edition, 2010); ECOWAS Court: Law and Practice (2010) and Nigerian Law on Socio-Economic Rights in Nigeria (2015).
As I sum up this tribute, one question keeps nagging my mind about this extraordinary Nigerian and I hope one day he will provide an answer. The question is, learned silk from where do you derive the boundless energy with which you crusade all these myriads of activities and traverse everywhere? Before you answer, let me make a guess, I say it can only be God and God alone.
As Femi ‘Authority’ Falana SAN clocks 60, my expectation is that he will continue on the path of righteousness and crusade for the common good for which he has acquired unprecedented reputation and for which in my view, he will always be appreciated as the celebrant etches his name in letters of gold.
Congratulations Femi ‘Authority’ Falana SAN, My senior brother, my senior friend and a patriot extraordinaire!
One of the witnesses in the Ozubulu Church killings in Anambra state, Chukwuemeka Obi, Friday told the court in Awka, Anambra state that those who masterminded the killings have threatened to carry out more attacks in four families in the community.
Not only that, he also told the court that they equally threatened to carry out such attacks on other members of the community based in South Africa and Brazil.
The revelation came at the Nnewi High court now sitting in Awka because of threats on witnesses, which is being presided over by Justice F I Aniukwu.
It would be recalled that on August 6, 2017 unknown gun men stormed Saint Philip’s Catholic Church Amakwa Ozubulu and killed 13 persons, while 29 others were seriously injured.
Obi, who was a witness from Johannesburg, South Africa, revealed the threats by the suspects as he was being led in evidence in Chief by his lawyer, Jay Jay Ezeuko SAN.
According to him, “The killers have threatened to kill my father in Ozubulu, attack four families in Ozubulu; kill my younger brother who is living in Brazil and myself who is living in South Africa”
“They are demanding one million dollars from us or they will wipe all us. We have been receiving strange phone calls from these people”
“They accused me of being a betrayer because on one occasion, I traveled with Bishop (Aloysius Ikegwuonu) from South Africa to Nigeria; rode in his (Bishop’s) car from Lagos to Ozubulu”
The witness further alleged that one of the suspects, Chinedu Akpunonu, who was equally standing trial in the matter, was working with two persons he called Gozila and Afam
Both suspects, he said, were in jail in South African prison to terrorize the people of Ozubulu at home and abroad.
Also Emeka Nzelu, another witness based in South Africa, told the court that another suspect standing trial in the case, Onyebuchi Mbanefo, called him on phone and threatened to deal with “bishop”(Aloysius Ikegwuonwu) for abandoning him when he needed his help.
According to Nzelu , “Mbanefo told me that he would now join forces with Akpunonu to deal with bishop for failing to assist him to foot his bill for bullet wound surgery, despite the fact that it was because of bishop that he sustained the wound”
“He refused to accept all appeals I made to him to forgive bishop (ikegeuonwu)
Asked by Mr. Festus Keyamo, SAN, who is the defence counsel, whether he reported that such threat to the police in South Africa or Nigeria, Nzelu answered in the negative.
Rather, he said he reported the matter to the chairman of Ozubulu Development Union O D U in South Africa.
However, after listening to the witnesses and their Counsels, the trial judge, Justice Aniukwu refused bail application for the four suspects standing trial in the August 6 killings.
The Judge in his ruling said the risk of releasing the suspects outweighed their freedom.
The Justice said, the suspects did not prove exceptional circumstance to warrant their bail.
The suspects had stated in their bail application that they were innocent of the charges against them
They maintained that before the law they remained innocent and entitled to bail.
They also stated that they had health conditions that the prison health facilities could not handle.
Agreeing that ill health was a ground to grant suspects bail in criminal matters, the judge said in his thinking since the prosecution was handling the matter expeditiously, it was better to keep the suspects intact to face their case than risking granting them bail where they might abandon the case or jump bail.
Counsel to the defendants, Mr. Festus Keyamo, after the session, told reporters that he had got the brief of his clients to go on interlocutory appeal on the bail.
The presiding judge, Justice Aniukwu, adjourned the matter to May 16th and 25th, June 8th and 22nd; and July 6 for continuation.
The Special Presidential Investigation Panel for the Recovery of Public Property has sued the House of Representatives over the green chamber’s plan to investigate the legality of the panel’s operations.
A copy of the summons served on the house was made available to our reporter on Monday in Abuja.
The other plaintiff in the matter is Mr Okoi Obono-Obla, the Chairman of the panel while the other defendant is the House of Representatives Ad hoc Committee on Activities of the Panel.
The suit, which was instituted by Mr Festus Keyamo (SAN), raised five questions for the court to determine.
They are “Whether the resolution passed by the house on March 22 to set up the ad hoc committee to investigate the modus operandi of the panel is not tantamount to exercise of executive/supervisory power over the plaintiffs.
“Whether the resolution passed by the house to investigate the legality of the panel is not tantamount to the exercise of judicial powers over the panel and its chairman.
“If the answer to the first question is in the positive, whether by the provisions of Section 88 of the 1999 Constitution, the house and the committee are legally empowered to exercise executive/supervisory powers over the panel.
“If the answer to question two is in the positive, whether by provisions of Section 88 of the 1999 Constitution, the house and the committee are legally empowered to exercise judicial powers over the panel and its chairman.
“And, if the answer to questions three and four is in the negative, whether the letter written to the chairman of the panel on March 28, compelling him to forward certain documents to the committee is not illegal, null and void.”
The panel, therefore, urged the court to declare that the House’s March 22 resolution to set up the ad hoc committee to investigate its “modus operandi” was tantamount to exercise of executive/supervisory power over it.
The panel also asked the court for an order of perpetual injunction restraining the House from further taking any step against the plaintiff in respect of the resolution to investigate it.
The panel also wants the court to declare that by provisions of Section 88 of the 1999 Constitution, the house and the committee are not legally empowered to exercise judicial powers over it and its chairman.
In an affidavit deposed to by Mr Yohanna Shankuk, a litigation clerk in Keyamo’s chambers, stated that the panel was constituted by President Muhammadu Buhari.
He stated that the constitution of the panel was pursuant to the powers vested on the President by Section 1 of the Recovery of Public Property (Special Provisions) Act.
Shankuk further deposed that the law, upon which the panel was set up and headed by the chairman, had not been repealed.
The deponent maintained that the panel believed that if the court did not intervene in the matter, the house would wrongly proceed to exercise its powers under Sections 88 and 89 of the 1999 Constitution.
SIXTY-four lawyers have been shortlisted for the award of Senior Advocate of Nigeria (SAN) rank for 2018.
There are 55 names on the advocate category and nine were nominated on the academic category.
Lagos State University (LASU) Vice-Chancellor Prof. Lanre Fagbohun, Nigerian Bar Association (NBA) General Secretary Aare Isiaka Olagunju, Ebun-Olu Adegboruwa and Olabode Olanipekun, son of former Nigerian Bar Association (NBA) President Chief Wole Olanipekun (SAN), are some of the prominent names.
A statement by Chief Registrar of Supreme Court/Secretary, Legal Practitioners’ Privileges Committee (LPPC), Hadizatu Mustapha, said the candidates were successful after the first and second advocates’ filtration, academic pre-qualification exercise and the appeal process.
They are Wole Agunbiade, Charles Oguejiofor, Olaniyi Olopade, Ikhide Ehighelua, Ayo Asala, Oluwole Iyamu, Kenneth Ahia, Nureini Jimoh, Oladipo Olasope, Mosediq Kazeem, George Igbokwe, Essien Udom, Olanipekun, Adewale Atake, Jephthan Njikonye, Olusegun Jolaawo and Isiaka Olagunju.
Also on the shortlist are Oluseun Akinbiyi, Ishaka Mudi, Prince Orji Nwafor-Orizu, Edmund Obiagwu, Adegboruwa, Ibrahim Idris, Cosmas Enweluzo, Sonny Wogu, Olubowale Taiwo, Prof. Wahab Egbewole, Adeyinka Olumide-Fusika, Chukwudi Obieze, Olayode Delano, Abdul Ajana, Robert Emukpoeruo, Ama Etuwewe, Olumide Aju, Stephen Adehi, Olusegun Fowewe and Oba Maduabuchi.
Others are Musibau Adetunbi, Emmanuel Achukwu, Adekola Olawoye, Louis Alozie, Godwin Omoaka, Johnson Ojo, Tanimu Inuwa, Daniel Enwelum, Dr. Olumide Ayeni, Chief Richard Oma Ahonaruogho, Michael Lana, Leslie Nylander, Kingsley Obamogie, Orok Ironbar, Usman Sule, Metong Urombo, Echezona Etiaba and Ejike Ezenwa.
Those on the academic category are professors Joseph Abugu, Fagbohun, Olaide Gbadamosi, Mamman Lawan, Isa Chiroma, Oluyemisi Bamgbose, Bankole Sodipo, Muhammed Akanbi and Offornze Amucheazi.
LPPC said: “The general public is at liberty to comment on the integrity and reputation of any of the above candidates. Any complaint(s) presented to the LPPC shall be accompanied with a verifying affidavit deposed to before a Court of Record in Nigeria.
“Ten copies of such comments or complaints must be submitted at the Office of the Secretary, LPPC at the Supreme Court of Nigeria Complex, Abuja not later than 4.00pm on Monday May 14, 2018. Any request for additional information should be sent via electronic mail to: enquirieslppcnigeria@gmail. com.”
Ekiti State University (EKSU) Pro Chancellor, Mr Dele Adesina (SAN) has decried the poor funding of teaching hospitals. He said no country can grow faster than its manpower training institutions.
Speaking at the 10th anniversary of the Ekiti State University Teaching Hospital (EKSUTH), Ado-Ekiti, Adesina urged the government to make the funding of such health institutions a priority.
He said: “It is to be noted that the greatest obstacle to the growth of our universities including teaching hospitals is lack of adequate funding.
“One wonders whether this is due to lack of proper appreciation of an efficient and effective institutions or lack of setting priorities right. Only recently, the Pro Chancellor of University of Lagos, Dr Wale Babalakin (SAN) made similar comments.”
He urged Ekiti State indigenes to put political sentiments apart and join hands to develop the teaching hospital.
“To us in Ekiti State, EKSUTH and indeed EKSU are our very own and we must join hands to build and make them enviable institutions. This is a responsibility for all of us home and abroad irrespective of our political sympathy.
“I believe that politics must give way to a common purpose and that common purpose in my opinion is how to make Ekiti great. What increases a man is the value he is able to add to the society. The world is looking for somebody who will do something, not somebody who will explain why he did not do anything,” he said.
EKSUTH Medical Director Dr Kolawole Ogundipe said the hospital boasts of dedicated staff both in the clinical and non –clinical departments.
“I make bold to say that EKSUTH members of staff are among the best and most passionate any teaching hospital can have. The Schools of Nursing and Midwifery were given unlimited grace to apply merit in the admission of students.
“Little wonder then that the schools have continued to record 100 per cent success in the final qualifying examinations of the Nursing and Midwifery Council of Nigeria,” he said.
At the event were the Ewi of Ado-Ekiti, Oba Rufus Adejugbe Aladesanmi, Ekiti State Head of Service, Dr Olugbenga Faseluka, EKSU Vice-Chancellor Prof Samuel Oye Bandele, Secretary of the Yoruba Council of Elders, Dr Kunle Olajide, Prof A.B.O. Omotosho, Speaker, Ekiti State House of Assembly, Mr Kola Oluwawole, among others.
The Federal High Court, Abuja, on Wednesday, sentenced Charles Okah and Obi Nwabueze to life imprisonment for masterminding the Oct. 1, 2010 Independence Day bombing near Eagle Square, Abuja.
Justice Gabriel Kolawole handed down the sentence while delivering judgment in the five counts of terrorism charge preferred against the duo by the Federal Government.
The Judge held that the prosecution, through the plethora of exhibits tendered and witnesses called, was able to prove its case beyond reasonable doubts.
“I find the defendants guilty as charged and they are accordingly convicted,”Kolawole said.
The judge said having handed down a life sentence earlier in 2013 to Edmund Ebiware, who had initially stood trial with the convicts; he could not give a lighter sentence to Okah and Nwabueze.
He said that it was necessary for the maximum sentence to be given in order to ensure that justice was served in the eyes of families of those who died or sustained injuries.
The judgeo noted that the judiciary could not be aloof to the increasing wave of kidnapping and acts of terrorism, citing the recent abduction of the 110 school girls from Dapchi in Yobe.
Counsel to Okah and Nwabueze, Emeka Okoroafor and Oghenovo Otemu had prayed the court to show the convicts mercy, owing to the fact that they were first time offenders.
The prosecuting counsel, Mr Alex Iziyon, (SAN), however, asked the court to give the convicts the maximum sentence prescribed by Section 15 (1) of the Economic and Financial Crimes Commission Act on which they were tried.
Okah, Nwabueze, Ebiware and Tiemkemfa Francis-Osvwo (aka General Gbokos) were initially arraigned before the court on Dec. 7, 2010.
They were arraigned for their alleged involvement in the bomb blast which left about 12 people dead and several others injured.
Francis-Osvwo later died in prison custody, while Ebiware, who had his trial conducted separately, is serving life sentence upon his conviction in 2013.
The News Agency of Nigeria (NAN) reports that the judgment which lasted about six hours has finally brought to an end litigation which started about eight years ago.
NAN also recalls that in the course of the trial, the prosecution called 17 witnesses to prove that the defendants actually committed the crime.
Okah called two witnesses including himself, Nwabueze called four witnesses.
A Senior Advocate of Nigeria (SAN) Mr Paul Usoro (SAN) has urged young lawyers to uphold the integrity of the Bar.
He said lawyers have a role in facilitating socio-economic and political development, but they can only do so if they uphold the highest ethical standards.
Usoro was the lead speaker at the first Annual Law Week of the Nigerian Bar Association, Ile-Ife Branch.
Speaking on the theme: Integrity of the Bar and Bench as a panacea for socio-economic development in Nigeria, Usoro noted that lawyers must maintain a high level of personal integrity in order to promote that of the Bar and ultimately effect positive societal change.
While encouraging lawyers to maintain the highest level of professional standards he said: “The major threats to the integrity of the Bar are attributable to both human and institutional factors.
“Lack of personal integrity and discipline are two major human factors that can hinder the progress of the Bar, while undue interference of the government, weak regulatory frameworks, poor education, remuneration and income for lawyers and financial dependence of the Judiciary on the Executive arm of Government are chiefly institutional problems.
“All of these factors, have telling consequences including delayed justice, subversion of the rule of law, civil unrest, loss of confidence in the judiciary as well as capital flight by investors, which consequences have adverse effects on the country’s socio-economic development.
“Efforts must be in place by both individuals and relevant institutions to address the integrity deficit in the Bar. The Nigerian Bar Association as an institution of change must raise its voice on critical issues as it concerns the nation’s well-being.
“The Bar has a critical role to play in the socio-economic wellbeing of the polity. It is the grand promoter of the rule of law and must raise its voice, especially when there is a subversion of the course of justice. It is important that competent people are elected to lead the Bar because this is also crucial to the integrity of the Bar itself,” Usoro said.
Usoro’s firm, Paul Usoro & Co (PUC) , has started receiving entries for the second edition of its pro bono challenge with the theme: My Pro Bono Story.
According to the firm, the initiative is aimed at rewarding the selfless and sacrificial efforts of lawyers who go the extra mile to defend the defenseless.
The six most-compelling cases will be rewarded with N100,000 each, PUC said. According to the organisers, each participant is expected to create a short video (maximum of two minutes) which could be shared via Instagram, Facebook or via email (puchallen ge@gmail.com).
A Senior Advocate of Nigeria (SAN), Mr. Dele Belgore and former National Planning Minister Prof. Abubakar Suleiman yesterday told the Federal High Court in Lagos that they have no case to answer.
The Economic and Financial Crimes Commission (EFCC) accused them of money laundering.
Former Petroleum Resources Minister Mrs. Diezani Alison-Madueke is also named in the charge. EFCC said she is “at large”.
Belgore and Suleiman, through their counsel Mr. Ebun Shofunde and Tunji Ayanlaja, both SANs, said the prosecution did not make out a prima facie case against them.
They urged the court to discharge and acquit them.
But EFCC counsel Rotimi Oyedepo urged the court to dismiss the no-case submission.
He said: “Our case against the defendants is that they failed to follow the statutory banking procedure.
“The defendants by their status cannot say that they don’t know what conventional banking procedure is all about.
“The defendants ought to be called upon to explain why they took possession of proceeds of unlawful activities.
“The evidence of the second prosecution witness, Usman Zakari, is not an hearsay because he narrated what transpired during investigation of the case and this was corroborated by other documents, witness’ evidence and the unequivocal admission of the first defendant (Belgore)”.
In the nine-count amended charge, EFCC accused Alison-Madueke, Belgore and Suleiman of making cash payment of N10million to the Kwara State Resident Electoral Commissioner (REC) Dr Emmanuel Onucheyo.
The commission said they also paid N10million to the Commissioner of Police Garba Saliu.
According to EFCC, they allegedly made the payments on March 27, 2015 without going through a financial institution.
The sums, the commission said, exceeded the amount authorised by law and violated Section 1(a) and Section 16 (d) of the Money Laundering (Prohibition) (Amendment) Act of 2012 and punishable under Section 16 (2) (b).
The defendants were also accused in the amended charge of making cash payment of N61,656,000 to Isa Biu on the same day, exceeding what is authorised by law.
EFCC said they also paid N87,962,000 to Sola Adeoti and Hajiya Dankaka on the same day “without going through a financial institution.”
The prosecution, as in the previous charge, accused the defendants of violating the Money Laundering Act by dealing in excess cash without going through a financial institution.
EFCC said they “directly took possession of the sum N450million,” adding that they “reasonably ought to have known (that the money) forms part of the proceeds of unlawful act.”
It also accused them of “indirectly” using the sum of N450million on March 27, 2015 and making cash payment of N450million, which exceeded the amount authorised by law.
According to the commission, Mrs. Alison-Madueke, Belgore and Suleiman, on the same day, made cash payment of N50million to one Sheriff Shagaya, an amount exceeding what is authorised by law.
Justice Rilwan Aikawa adjourned until April 12 for ruling.
The Nigerian Bar Association cleared a Senior Advocate of Nigeria (SAN) Mr Kunle Ogunba of the misconduct allegations made against him by Honeywell Group before the Legal Practitioners Privileges Committee (LPPC) withdrew his rank, it was learnt.
The LPPC, in a statement last Thursday signed by its Secretary and Registrar of the Supreme Court, Hadizatu Mustapha, announced the withdrawal of Ogunba’s rank and privileges based on a petition by Honeywell Group.
LPPC said: “The misconduct alleged consists of the institution of multiplicity of proceedings before different judges of the Federal High Court on the same subject with the deliberate aim of abusing the process of court and derailing the course of justice.
“After a thorough investigation of the petition by the sub-committee set up by the LPPC (at which the respondent was given a fair hearing), it was decided that the petition is meritorious.
“Consequently, the LPPC at its 129th plenary meeting have withdrawn the rank of Senior Advocate of Nigeria from Kunle Ogunba Esq and other privileges attached to the rank forthwith.”
The LPPC also announced that a lawyer, Oluwatoyin Bashorun, has been barred from applying for the rank for three years for allegedly staying in a rented apartment “for nine years without paying rent”.
But, the NBA, in its August 5, 2016 response to Honeywell Group’s petition against Ogunba, signed by its then General Secretary Mazi Afam Osigwe, said it would not refer him to its Disciplinary Committee.
“We regret to inform you that a careful reading of the petition failed to disclose any alleged infraction of the Rules of Professional Conduct 2007 in respect of which Mr. Kunle Ogunba (SAN) could be called upon to offer an explanation
“It is a principle of law that companies are separate legal entities capable of suing and being sued.
“Placing this principle side by side your allegation of abuse of court process, we are satisfied the cases referred to as well as the court processes attached by your good-selves failed to show the existence of a case involving same parties in respect of same facts and seeking same reliefs,” NBA said.
The associations listed the suits as Anchorage Leisures Ltd & 2 Ors vs Ecobank Nig Ltd (FHC/L/CS/1219/2015); Ecobank Plc vs Honeywell Flour Mills Plc (FHC/L/CP/1569/2015), Mr. Oba Otudeko vs Ecobank Nig Ltd (FHC/L/BK/19/2015), Ecobank Nig Ltd vs Siloam Global Services Ltd (FHC/L/CP/1572/2015), Econank Nig Ltd vs Anchorage Leisures Ltd (FHC/L/CP/ 1570/2015), Ecobank Nig Ltd vs Honeywell Group Ltd (FHC/L/CP/1571/2015) and Ecobank Nig Ltd vs Honeywell Flour Mills Plc (FHC/L/CP/ 1689/2015).
“It is difficult to concede to the allegation that the suits amount to abuse of court process upon which a disciplinary proceeding should commence,” NBA said.
According to the association, the suits by Otudeko and Anchorage Leisures seek a declaration that they are no longer indebted to Ecobank and that the bank should be restrained from publishing their names as bad debtors.
NBA said it found that Ecobank’s actions against Honeywell Flour Mills and Honeywell Group were petitions filed consecutively for winding-up proceedings against them, but were later discontinued to correct anomalies in them.
It added that the Ecobank’s suits against Siloam Global Services and Anchorage Leisures involve petitions for winding-up “against the two different companies”.
NBA said: “The fact the companies may have common ownership or directors does not make them the same entity or preclude the presentation of petitions against them if counsel believes grounds exist for doing so.
“A careful examination of the court processes filed by parties at the various suits indicates differences in either parties or reliefs sought, which defeats your (Honeywell’s) allegation of abuse of court process.”
NBA said a Court of Appeal judgment which Honeywell attached to the petition “did not make any pronouncement against the Respondent (Ogunba) on the issue of abuse of court process”.
According to the association, the appellate court did not indict Ogunba, therefore, the judgment would “not be used as a basis for coming to the conclusion that grounds exist for commencing disciplinary hearing against the respondent”.
“The respondent’s actions are in our respectful view in line with the duty of a counsel to do everything which in the exercise of his discretion he thinks best for the general interest of his client, which cannot be fettered by subjecting him to disciplinary proceedings.
“The respondent owed his client a duty to take all lawful steps to directly and or indirectly represent his client and or get the best in the circumstance for his client in reliance on the best of his professional ability.
“We are of the informed view that the actions and or decisions taken by the respondent were not only authorised by his instruction but were made in the course of an attempt at arriving at an amicable settlement in the matter.
“The respondent’s actions in the course of representing his client are instilled by his duty to get the best for his client and do not impugn the integrity of the legal profession.
“We are, therefore, of the considered belief that the allegations contained in the petition under reference do not contain facts indicating any infraction of the Rules of Professional Conduct.
“In the light of the foregoing, we will be unable to further inquire into the matter by forwarding the petition to the Legal Practitioners Disciplinary Committee. The petition is hereby dismissed as it lacks merit,” NBA said.
