Tag: Wole Olanipekun

  • Osinbajo calls for consensus on Legal practice in Nigeria

    Osinbajo calls for consensus on Legal practice in Nigeria

    Vice President Yemi Osinbajo has called for consensus among legal practitioners on the preservation of the legal practice in Nigeria to enhance the profession and national development.

    Osinbajo made the call while delivering the closing address at the maiden dinner of the Body of Senior Advocates of Nigeria, held in Lagos.

    He said that the elite in every community, whether ethnic, religious or professionals, owe it a duty to ensure the preservation of such community.

    Osinbajo said it was important for the legal community to define the ethics, vogues, acceptable conducts and those that would not be tolerated in the community

    The Vice President said that the Senior Advocates must provide guidance to the legal community so as to maintain the integrity and prestige of the profession and sustain the confidence of the public.

    Osinbajo said: “A professional elite such as ourselves, we owe a responsibility to ensure that we act professionally with honour and integrity; first, for the selfish reason that it confers on us natural respect and prestige.

    “Ultimately, the difference between the elite or professional, and those who destroy the patrimony, is the extent to which the elites are willing to make sacrifices and constrain that selfishness which is common with humans.

    “An elite is one who agrees to sacrifice individual greed, ambition and quest for power for the overall good of all.

    “It is the responsibility of the elites to act with honour, integrity and sometime with quietness.”

    He noted that in Britain, the elites have maintained the prestige and integrity of the British legal system, adding that Nigerian lawyers should emulate such good conduct.

    According to him, the Body of Senior Advocates of Nigeria must reach a consensus to that the Legal profession does not perish.

    The Vice President congratulated the 29 newly conferred Senior Advocates of Nigeria, urging them to be honourable flag bearers of the legal profession.

    Speaking with newsmen after the dinner, Osinbajo reiterated the call for a consensus from lawyers to enhance the justice process and preserve judicial integrity.

    The dinner was attended by former Nigeria Ambassador to the United Kingdom, Dr Christopher Kolade and the first female Senior Advocate of Nigeria, Mrs Folake Solanke.

    The rest included Chief Wole Olanipekun, Dr Paul Usoro and Chief Felix Fagbohungbe among others.

    NAN

  • LAUTECH, the crisis and the unanswered questions

    LAUTECH, the crisis and the unanswered questions

    A parent whose child is 25 years old is supposed to be at peace after all, it is the blooming period of that child. The time to expand and reproduce.

    However, in the case where the child has been deprived of certain life teachings and brain nutrients, the parent would go bankrupt trying to right the wrongs such child would cause them. But if the parents of the child fails in their responsibility towards the child at one time or the other, the consequences will undesirable.

    Such is the case of Ladoke Akintola University of Technology ( LAUTECH ), a 25-year old institution that has been malnourished by her parents; Oyo and Osun states. Thus in recent time, the university is only growing in age but not in expectation! This not because the university is lacking in qualified, able and willing academic and non academic staff, nor because the student are not serious on their academic responsibilities but rather because the parents of the institution, Oyo and Osun states have ignored the institution.

    It was learnt that at present, the governments of the two states is owing the university subvention for about twenty two months. This is billions of naira. It is true that an old giant rat will feed on the breast milk of its grown kid.

    However, if the mindset of the giant rat is only to feed on its kid’s but refuse to nurture the kid to maturity, I doubt it if it (the giant rat) will not be blamed. LAUTECH has reached the age when thumb-sucking is no longer a pardonable offense but unfortunately, the institution is bereft of adequate “parental care”. Who then is to blame? You and I know the answer.

    A university of technology managed by two states whose mantra “upholding the Awolowo’s legacy” never seem to run out, is suffering hiccups and starvation, enough to have caused breakdown in the activities of the institution.

    The case, later turned crisis which presented itself as a tug of war between the managing states and the striking unions has now turned to into a wicked abandonment of the masses as not only the aforementioned parties are affected.

    The students have not only suffered, parents and active participants of democracy have had their hopes dashed over and over again. The students did all they could – organized protests that caught the media attention, even had a dialogue with the Senate President of the country , who, as expected, made promises that the matter would be resolved soon.

    Yet, the owner states claim nothing would be done unless an audit report was submitted. Some even opined that accounts audit cannot happen unless the industrial action is called off. They (Owner states) even set up white paper and technical committees both of which had their reports submitted on how to save the institution without having to go through hiccups as it is now.

    One had even hoped after that after the reports, the dear 25-year old would be cured forever. However, the matter only ended with the report’s submission.

    The state governments won’t give in and the unions, refuse to the Yoruba proverbial donkey who would work incessantly without pay.

    In a bid to kill the conflagration and save the grasses from the elephants at logger heads, a faction of the school’s alumni association started to ‘look for money’ to pay the lecturers.  They had a target – to raise N1bn in 90 days. They started ‘begging’ around to save the dying university by all means. how sad!

    Recently, the governing council of LAUTECH announced that the school shall be reopened and that activities shall commence on the 25th of September, 2017, the announcer stated that the state governments had sorted out funds for six months of the salary owed. In swift response, the unionists claim that they weren’t aware of the resumption and that their strike subsists unless their prayers are answered.

    Questions would then begin to fill a curious mind: was the proposed six months salary bailout supposed to buy us time before another strike action? What happens to the report arrived at by the visitation panel led by Wole Olanipekun (CFR), are there plans to implement these suggestions at all?

    The case of neglect by the owner states cannot be overemphasized. Save the TetFUND, NEEDS assessment, the donated and inherited buildings, one cannot point to one project accomplished by these governors.

    Is the bailout another way to sweep the plans for sustainability of LAUTECH under the carpet? Or abandon the institution completely? After all, the Oyo government has just fathered a new child, TechU and Uniosun has grown a great deal.

    What power does the National Universities Commission have in times like this? Only to ‘regulate’ the activities of universities?

    Have the NUC no power at all?

    Dr Saraki’s meeting with the students’ representatives is still very fresh in our memories, his assurances are too. Are there no plans to fulfill them?

    The KPMG audit report and the technical committee’s report are there no plans to lay the actual stance of the university before the public?

    If these issues are not well addressed, one may begin to wonder if the resumption announced by the governing council is worth the hype after all; and if we would not go back to where the issue all began.

  • CJN pegs lawyers’ court appearance

    CJN pegs lawyers’ court appearance

    The Chief Justice of Nigeria, Justice Walter Onnoghen, on Monday pegged the number of lawyers that could appear for a party in court at five, including the lead lawyer.

    Justice Onnoghen announced this shortly before the Supreme Court opened proceedings in the two appeals filed by former governorship candidate of the People’s Democratic Party (PDP) in Edo State, Osagie Ize-Iyamu.

    He said the directive was meant to curb the practice when about 100 lawyers, in most political cases, announce appearance for a party in court.

    He said: “There was a matter we had here and 106 lawyers appeared. The whole space was taken up and some lawyers had to stand and others sit on the floor. I have issued a directive, which should extend to other courts, that lawyers appearing in the Supreme Court, should not be more than five for each party, including the lead lawyers.

    “This practice consumes space and it takes take time to announce appearance. Appearance in cases have to have utility value, such appearance has to serve a purpose. I have to repeat this directive today, because I believe it was not brought to the attention of the Bar.

    A former President of the Nigerian Bar Association (NBA), Wole Olanipekun (SAN), who was in court for the Ize-Iyamu appeals, appealed to the CJN to allow 30 lawyers per party, a request another Justice of the apex court, Justice Bode Rhodes-Vivour, rejected.

  • Osinbajo’s acting presidency is automatic, say Olanipekun, Agbakoba

    Senior lawyers on Wednesday said Vice President Yemi Osinbajo automatically become the Acting President once President Muhammadu Buhari transmitted a letter to the Senate in line with Section 145(1) of the 1999 Constitution.

    They said the President’s description of Osinbajo as the person to “coordinate activities of the government” does not vitiate the constitutional provision.

    President Buhari’s May 5 letter to the Senate reads in part: “In compliance with Section 145 {1) of the 1999 constitution as amended, I wish to inform the distinguished Senate that I will be away for a scheduled medical follow-up with my doctors in London.

    “While I am away, the Vice President will coordinate the activities of the government.”

    To the lawyers, the wordings of the letter do not affect Osinbajo’s authority as Acting President with full executive powers.

    Those who spoke included former Nigerian Bar Association (NBA) presidents, Chief Wole Olanipekun (SAN) and Dr. Olisa Agbakoba (SAN); Mallam Yusuf Ali (SAN), Prof. Koyinsola Ajayi (SAN), Abiodun Owonikoko (SAN), Chief Mike Ozekhome (SAN), activist-lawyer Ebun-Olu Adegboruwa and Lagos lawyer, Clement Onwuenwunor.

    Section 145(1) provides: “Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his Office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.”

    Olanipekun said there is no provision for the position of “Coordinating Officer/President/Vice-President of the Federal Republic of Nigeria” in the Constitution, adding that the letter was not properly drafted.

    “Prof. Osinbajo is either addressed as Vice-President or Acting President; and in the present circumstance, and not minding the crafting and language of President Buhari’s letter to the National Assembly, Prof. Osinbajo automatically assumed office as Acting President by constitutional imperatives.

    “He cannot be addressed as Coordinating Officer but as Acting President. Those who drafted this letter for President Buhari have not been fair to him or the nation,” Olanipekun said.

    To him, Osinbajo assumed the position of the Acting President based on what the constitution dictates, and based not on Buhari’s wishes.

    “No special favour is being done to the Vice-President by the transmission of a letter by the President to the National Assembly under and by virtue of section 145(1) of the Constitution, as that section is self-executory, meaning that on the transmission of a letter to the National Assembly, the Constitution employs the use of the word ‘shall’ to install the Vice-President as the Acting President.

    “It is a constitutional appointment which takes effect from the moment the President informed the National Assembly that he was proceeding on medical leave.

    “The words employed in President Buhari’s letter cannot derogate from or override the mandatory provision of section 145(1).

    “Apart from this, under and by virtue of section 142(1) of the Constitution, both the President and Vice-President contested on a joint and single ticket, which is inseparable.

    “Having said this, my reservation still lies in the fact that a good number of Nigerians still surprisingly hold on to the thinking that government and governance should be personalised, and that by alluding to ‘government of Nigeria’, they ignorantly zero in on individuals.

    “There cannot be any vacuum in government and governance anywhere in the world, and the Constitution also states this very clearly and unambiguously in Section 142(1).

    “To me, this should be the end of the discussion and debate; as there is a world of difference between a Coordinator and a constitutionally appointed Acting President,” Olanipekun said.

    Agbakoba said the “controversy” created by President Buhari’s choice of words was unnecessary.

    “I am concerned by the unnecessary controversy. I believe it is a distraction by politicians. The nomenclature used by the President to describe his Vice President does not matter.

    “What matters to the average long suffering Nigerian is good governance.  Will the Acting President create jobs; provide water, roads, electricity, food, etc. This is what is important,” Agbakoba said.

    For Ali, the letter’s content is not important.

    “Once the President transmits a letter that he will be away, the Vice President by operation of Section 145 of the Constitution transmutes as Acting President ipso facto (by that very fact or act),” Ali said.

  • Sagay, Olanipekun back suspensions

    Sagay, Olanipekun back suspensions

    Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay (SAN) said yesterday that suspended Secretary to the Government of the Federation (SGF) Babachir David Lawal violated the Code of Conduct for public officials by awarding a contract to a company he had an interest in.

    He said it was a violation of the Constitution and public trust, therefore Lawal’s suspension was unavoidable.

    “I think the suspensions are inevitable, and in my view they are a journey to total disengagement.

    “The SGF is a top member of the administration. He should have known that for him to award a contract to his own company is absolutely prohibited by the Code of Conduct and the Constitution. What he was doing was illegal and unconstitutional.

    “The worse is that he didn’t even award the contract for relevant activity such as for food, rather it was for grass cutting, which is totally unrelated to the needs of this people for very basic life saving materials.”

    On the suspension of the NIA DG, Sagay said: “This one is even worse in my view. How can you hold over $40million of state money in a private apartment, without the knowledge of the head of state to whom you’re responsible?

    “So they’ve turned themselves into a government of their own. They didn’t inform the present administration that they got this money from the Jonathan administration and this is what it was meant for and this is what is left.

    “Once they didn’t do that, then they were all on a criminal conduct which should lead to what has happened now. It’s very clear that they intended to convert it to their private use. That’s why I said everything is inevitable.”

    A former Nigerian Bar Association (NBA) president Chief Wole Olanipekun (SAN) said the SGF should have resigned before being suspended.

    “It’s a welcome and reassuring development. That of the SGF is long overdue anyway. As for the DG of the NIA, he should be afforded the full opportunity of his right to fair hearing by the panel headed by the Vice President.”

    Activist-lawyer Chief Mike Ozekhome said (SAN) urged the President not to spare any member of the administration accused of corruption.

    “The chicken is finally coming home to roost. I congratulate the President  on this move, even if belated. But there are still more tons of petitions existing against some serving ministers and other key figures of this government, pending before the anti-graft agencies, but which have so been carefully swept under the carpet.out, or accountability of, recovered  monies and attached properties, corruption today literally walks, not just on all fours, but even on its head and buttocks. Let the music play on. Let the real anti corruption fight begin,” Ozekhome said.

    Others who spoke include Mallam Yusuf Alli (SAN), Prof Yemi Akinseye-George (SAN), constitutional lawyer Ike Ofuokwu, Nigerian Bar Association (NBA) First Vice President Mr Monday Ubani and NBA Lagos Branch Chairman Martin Ogunleye.

    On the SGF’s suspension, Ali said: “All discerning Nigerians saw it coming. With the indictment of the SGF by the Senate Committee on IDPs, not only was the allegation that he was still running a company as SGF made, it was also alleged that he collected so much money on behalf of the company for grass cutting in Internally Displaced Persons (IDPs) camps.

    “Given the sensitive nature of the IDPs’ situation, it raised a lot of moral issues. Many Nigerians had been expecting this to happen longer than now. But it doesn’t matter. At least the president listened to the voice of Nigerians. I think it’s salutary.“

    Prof Akinseye-George said it was proper that government officials step aside while allegations of corruption against them are being investigated.

    “There have been too many complaints about the SGF in particular, and he has become more of a liability to the administration.”

    Akinseye-George said the NIA DG’s suspension was also in order, adding that people whose credibility is questioned should not wait to be suspended.

    Ofuokwu said with the suspensions, the president has proved that he is in charge and that no official is untouchable.

    His words: “To have done otherwise is to carry a moral burden which puts a big question mark on the integrity of the President and on his fight against corruption. Though they are yet to be proven guilty by any court or judicial body of competent jurisdiction, their suspension is a perfect step in the right direction.

    To Ogunleye, there is the need to imbibe a culture of transparency in governance, even in matters that concern the President’s close associates.

    He said the ideal scenario would have been for the officials to offer to step aside pending the conclusion of investigation.

  • I never said corruption fight is circus show – Olanipekun

    A former Nigerian Bar Association (NBA) president, Chief Wole Olanipekun (SAN), on Monday denied a report in which he was quoted as saying that the anti- corruption fight is a circus show.

    He said the report titled: “No one is fighting corruption, it’s a circus show,” did not emanate from him.

    Olanipekun said strange quotes were added to a convocation lecture he delivered at the Ekiti State University (EKSU).

    He said the lecture titled: “Breaking the jinx -The cyclical nature of Nigeria’s problems” was delivered on March 30.

    He said, “In a most unfair manner, some lines, words, adjectives, sentences and phrases which were not part of the lecture, and which I never intended to include in the lecture, have now been added under the above caption, and has now been published, distributed, and disseminated as having emanated from me; and also as my reaction to the recent discovery of large sums of money in different currencies by the Economic and Financial Crimes Commission (EFCC) at a residential apartment in Ikoyi, Lagos.

    “The general public is hereby informed that the said publication is not mine. It is not only strange, but also alien to me.

    “I did not make or authorise it; neither did I grant any interview, make any comment or express any opinion, either in respect of the discovered cache, the EFCC as an institution or Mr. Ibrahim Magu as a person.

    “The EFCC disclosed the discovery of the different cash sums to the public on 12th April, 2017 whilst the convocation lecture I delivered at EKSU was so done on 30th March, 2017. Naturally and logically, on the said 30th March, 2017, I could not have commented on an event that was to occur 13 days thereafter.

    “Without being immodest, I have been intervening in national affairs over the years with altruistic and patriotic motives as part of my own humble contributions to the larger and enduring interest of the Nigerian collective. Whenever I so intervene, I do it publicly through avenues that are properly recorded and defined.

    “Having put the foregoing on record, I dissociate myself wholly, completely and unreservedly from the said publication, and advise those who are behind it to either refrain from its further or continued publication, or be bold enough to put their names as the authors and/or publishers.”

  • Ondo: Special Court of Appeal panel withdraws from PDP appeals

    Ondo: Special Court of Appeal panel withdraws from PDP appeals

    The Special Court of Appeal panel led by Justice Hannatu Sankey constituted to determine all appeals arising from the Ondo State PDP governorship primary on Tuesday in Abuja withdrew following accusation of fraud.

    The two other members were Justices E. Agim and O.E William-Dawudu.

    Sankey, in her ruling, ordered that the files of all the five pending appeals relating to the PDP governorship ticket in Ondo State be returned to the President of the Court of Appeal for re-assignment.

    Sankey said the development was necessitated by a petition written against the panel by the Ondo State Chairman of the PDP, Biyi Poroye.

    “The petitioner in the most unholy description of my personality being a Justice who has just recovered from a protracted illness was open to corruption.

    “He in similar vein alleged that the panel has been paid huge sums of money by interested party to be able to sit on the Special Panel.

    “Ordinarily, since no fact has been placed on the court showing bias we would not have minded but in the circumstance we are compelled to withdraw in the interest of our integrity and justice,” she said.

    Poroye had also alleged that the panel was constituted to urgently hear and determine the cases because the President of the Court of Appeal was compromised.

    According to him, the members of the panel are briefed to deliver judgment in favour one of the governorship contenders Eyitayo Jegede.

    The News Agency of Nigeria (NAN) reports that the petitioner had obtained the orders of the Federal High Court in Abuja recognising Jimoh Ibrahim as the governorship candidate of the party.

    Acting on the order made by Justice Okon Abang, INEC dropped Jegede, a product of the Ahmed Makarfi-faction of the PDP.

    NAN further reports that Jegede’s substitution had further confirmed Ali Modu Sheriff as the National Chairman of the party, a development, the Ahmed Makarfi faction had challenged.

    Earlier, Chief Wole Olanipekun (SAN), a counsel to Jegede expressed displeasure on the development, adding that the petition was baseless.

    “My Lords, the petitioner should be used as an example to ward off this type of frivolous accusations of our Judges.

    “I am suggesting that the petition be forwarded to the police for thorough investigation and the petitioner be placed in custody,” he said.

    On his part, Chief Alex Izinyon (SAN), counsel to Poroye, denied knowledge of the petition as according to him, politicians are capable of over reaching themselves in political matters.

    “I am totally not aware of this petition, he did not tell me about it and I therefore stand to denounce it, but I shall be craving the indulgence of the court to allow me some allowances to interface with him.

    “My Lords, it is not a new thing, the Ahmed Makarfi camp had done this to us at the trial court where a petition was filed against Justice Okon Abang to withdraw from presiding,” he said.

    NAN reports that with the seeming delay caused by this development, the Ondo people may have to wait a bit longer to be offered the authentic governorship candidate of the PDP for the Nov. 26 election. (NAN)

  • Honour for Wole Olanipekun

    Honour for Wole Olanipekun

    A legal luminary, Chief Wole Olanipekun (SAN), is set to be honoured later in the week at The Law Digest Lifetime Achievement Award for Contributions to law.

    According to a statement, Olanipekun’s career spans more than 40 years with outstanding contributions within and outside the profession.

    The organiser of the award added that Olanipekun served the profession and the community in various capacities, including as the Attorney-General and Commissioner for Justice in the old Ondo State, the President of the Nigerian Bar Association (NBA) and a member of the National Judicial Council (NJC), Legal Practitioners Privileges Committee (LPPC) and Council of Legal Education among others.

    Olanipekun will receive the award at the Law Digest Africa Awards dinner, which will take place on Friday at the Lagos Oriental Hotel, Victoria Island, starting at 5.00pm.

    “Law Digest Africa Awards are the most coveted and recognised awards for African lawyers and is supported by various African Bar Associations and Law Societies,” the statement reads.

  • Wole Olanipekun writes INEC on the conundrum

    Wole Olanipekun writes INEC on the conundrum

    …(I) The election to the office of Governor is regulated by sections 178 and 179 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), while nomination to the office is regulated by section 187 of the same Constitution. Our client believes that election to the office of Governor of Kogi State had been conducted and completed in accordance with the provisions of the Constitution…With much respect to INEC under your very distinguished chairmanship, the reasons given by (NEC for declaring the election as inconclusive are alien to the Constitution and, therefore, unconstitutional. With further respect to INEC, cancellation of election results by it cannot be a ground for declaring any election as inconclusive. INEC is enjoined to declare a winner of an election based on lawful votes cast. Thus, the cancelled results by INEC, for whatever reasons, and assuming without conceding that INEC could legitimately cancel such results, amount to unlawful votes. In effect, INEC cannot declare a well conducted election as inconclusive based on unlawful votes…

    (II) May we draw Mr. Chairman’s attention to the clear and mandatory provision of section 68(1)(c) of the Electoral Act to the effect that any result declared by Returning Officer shall be final and binding, and can only be reviewed or upturned by an Election Tribunal. In effect, the results already announced by INEC are binding, not only on all the parties, but also on INEC itself. We want to believe that INEC is not unaware of binding decisions of our appellate courts on this issue. Furthermore, by the provision of section 181 (1) of the Constitution, our client, who was the deputy governorship candidate or the associate of Prince Abubakar Audu at the already concluded election constitutionally and automatically becomes the governor-elect of the State. With much respect, INEC has no discretion in this matter. May we advise, most humbly, that INEC should not confuse this situation with what is intended in section 33 of the Electoral Act because the situation on ground has nothing to do with changing or substitution of the name of a candidate before election. In fairness to INEC, it had already announced the results of the election, and, as at the time it so did, it honestly claimed ignorance of the death of Prince Abubakar Audu.

    (III) In law and logic, no new candidate can inherit or be a beneficiary of the votes already cast, counted and declared by INEC before that candidate was nominated and purportedly sponsored. Assuming without conceding that INEC is even right to order a supplementary election, the votes already cast, counted and declared on Saturday and Sunday, 21st and 22nd November, 2015 were votes for the joint constitutional ticket of Prince Abubakar Audu and our client. Therefore, no new or ‘supplementary’ candidate can hijack, aggregate, appropriate or inherit the said votes. Assuming further, without conceding, that supplementary election in 91 polling units can hold as being suggested by INEC, it is our client who should be the automatic candidate of the party, since APC cannot conduct primary election for the supplementary election in 91 polling units…

     

    Excerpted from Chief Wole Olanipekun’s letter on behalf of Hon. Faleke to INEC chairman

  • Court suspends judgment in suit seeking to reinstate Nyako

    Court suspends judgment in suit seeking to reinstate Nyako

    Justice Okon Abang of the Federal High Court in Lagos has suspended judgment in a suit seeking to reinstate “impeached” Adamawa State Governor, Murtala Nyako.

    Verdict was fixed for Tuesday, but the judge said he would not deliver it yet in the interest of justice.

    The suit, numbered FHC/L/CS/1180/14, was filed by a Lagos-based lawyer, Mr. Olukoya Ogungbeje.

    He is seeking an order compelling the acting governor, Umaru Fintiri, to vacate office with immediate effect.

    The lawyer is also praying the court to order Nyako’s reinstatement

    According to him, the process which led to Nyako’s impeachment was unconstitutional as the ousted governor was not personally served with the impeachment notice by the state’s House of Assembly.

    Fintiri, the Adamawa State House of Assembly, the Chief Judge of Adamawa State, Justice Ambrose Mammadi, Chairman of the Impeachment Panel, Buba Kajama, the Independent National Electoral Commission (INEC) and the Inspector General of Police are the respondents.

    Nyako was impeached on July 15 after the state’s House of Assembly adopted the report of a seven-man investigation panel which indicted him on 16- count charge of gross misconduct.

    Fintiri, who was then Speaker of the House of Assembly, had since been sworn in as the acting governor in Nyako’s place.

    Ogungbeje claimed the Assembly’s alleged failure to serve Nyako personally with the impeachment notice violated his fundamental right to fair hearing as enshrined under Section 36 of the 1999 Constitution.

    After the court heard arguments from parties and judgment date fixed, Fintiri, through his lawyer, Chief Wole Olanipekun (SAN) urged the judge not to deliver the verdict.

    The former Nigerian Bar Association (NBA) president prayed the court to set aside all the proceedings conducted in the suit so far because his clients were not served with the suit in accordance with the law.

    According to him, the court should strike out the entire action since the due process of law was not followed.

    Olanipekun, who is also representing Mammadi and the House of Assembly, argued that the originating processes were not properly served on his clients.