National Open University Lawyers And Their Delay Tactics.

By Justice Akang.

As an African man, I grew up in a community where proverbs are used in everyday conversation. And one of such proverbs, to pass it across in English, says that: ‘a thief who is caught in the dead of night hopes that daylight never comes.’ That is the current situation in a fundamental human rights suit which some students filed against the National Open University of Nigeria at the Federal High Court, Lagos Division in suit number FHC/L/SC/1883/2015. 

They sued the institution for expelling them for exercising their Constitutional rights as enshrined under sections 39 and 40 of the Constitution of the Federal Republic of Nigeria. They are asking the court to enforce their fundamental rights to freedom of association and all other human rights which the institution has violated with impunity.
After serving the University on Monday,  January 18th,  2016, the institution approached the chambers of a former Minister of Justice in the Federal Republic of Nigeria to defend them in the case. But that is not even the matter; it is the unprofessional conduct of their lawyers that one finds particularly repulsive and laughable.
The University lawyers had five days (between 18th and 22nd of January, 2016) to file their defense but failed to do so. And when the matter came up for hearing on  January 26th,  2016, being the 9th day after service of the processes on them, they told the court that their clients had just briefed them that morning! They begged the court to adjourn to enable them to file their defense. The court sat at exactly 09:00 that morning, how could they have been briefed that very day? Did their clients sleep in their chambers? The learned trial Judge obliges their request in the interest of justice and fair hearing, even though they already were out of time. The matter was at their instance adjourned to  February 2nd,  2016.
The court did not sit on  February 2nd, and so the suit was moved to  February 9th, 2016. On February 9th, 2016, they were in court and claimed that they were not promptly informed that the matter was to come up. They pleaded with the court to adjourn, the learned Judge obliged and adjourned again in the interest of fair hearing and justice. The suit was further adjourned to February  17th, 2016. They chose to absent themselves from the court on the said  February 17th,  2016, but the court had to proceed to hear the students’ counsel who was present in court before the suit was eventually reserved for judgment. It was after judgment on the suit had been reserved that National Open University lawyers filed their defense, praying the court to re-open hearing on the same matter. They followed that up with a strange application which they said was to arrest the judgment of the court (whatever that means). The students’ counsel filed a counter affidavit telling the court that an application to stop the judgment of a court is an unknown application in Nigerian legal practice and that the court should proceed and deliver its judgment as planned. These applications are currently pending before the court.
Although the Judge may have decided to hear the pending applications in the interest of fair hearing, it is the Open University lawyers who are bent on frustrating the suit since that is the only way they can prove to their clients that they are doing a ‘great job.'
The suit was given a long adjournment to October 3rd , 2016 which turned out to be a public holiday. This resulted in the Court giving it another long adjournment to December 19th, 2016. The Applicants wrote to the Court asking the court to review the date considering the damage it might do to their academic programs. The court justifiably considered the Applicants’ prayers and reviewed the matter to  October 27th, 2016.
But sadly, the trend in Nigerian legal practice is that lawyers with bad cases always work to frustrate justice to prevent the court from delivering its ruling. This is the case with the lawyers of National Open University who, upon learning that a new date had been given, hurriedly wrote to the Court asking court to ignore the Applicants’ pleas and stick to 19th December, 2016 under the pretext that their firm has matters in other courts on the 27th of October, 2016. Not only is this lie childish, but it also stinks terribly. It is extremely embarrassing that advocates of the Supreme Court of Nigeria can resort to such cheap, outdated, nauseating lies to prove to their clients that they are indeed doing a ‘great job.' How on earth can a law firm with about twenty (20) lawyers all be busy in other courts in one day? Please, since when did the legal profession turn into a profession of cheap and embarrassing lies?
Building on their cheap lie, their current plan is that whether or not the court responds to their letter, they will boycott the Court on October 27th , 2016 in order to secure another adjournment through the back door. In doing so, however, they will send a spy who will observe proceedings when the matter is called. So, as the Applicants hit the road on Thursday, the 27th day of October 2016, what they do not know is that lawyers of National Open University of Nigeria have devised a fresh ploy to frustrate the suit from moving ahead. This is the fresh scheme that the University lawyers have adopted to frustrate the expelled student leaders in their relentless quest for justice. Some of us will continue watching closely with arms folded across our chests.
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EXCLUSIVE LIST OF JUDGES AND THEIR CRIMES - DSS STING OPERATIONS 2016

The judges named in a confidential list sent to President Muhammadu Buhari include:

SUPREME COURT
1. Justices Nwali Sylvester Ngwuta
2. Justice John Inyang Okoro

COURT OF APPEAL
1. Justice Zainab Bulkachuwa, President Court of Appeal
2. Justice Muhammad Ladan Tsamiya
3. Justice Uwani Abba-Aji

FEDERAL HIGH COURT
1. Justice Ibrahim Auta, the Chief Judge
2. Justice Adeniyi Ademola
3. Justice Mohammed Yunusa
4. Justice Kabir Auta
5. Justice Munir Ladan
6. Justice Bashir Sukola
7. Justice Mu'azu Pindiga
8. Justice Abdul Kafarati
9. Justice Nnamdi Dimgba
10.Justice Anwuli Chikere
11. Justice I. A. Umezulike( Rtd.)
12. Justice Ibrahim Buba
13. Justice Ajumogobia
14 .Justice Abdul Kafarati (Chief Judge Designate)

The memo accused Justice Chikere of receiving cash for a pre-election matter that came before her. Justice Chikere is married to Kenneth Anayo Chikere, a chieftain the Peoples Democratic Party (PDP) in Rivers State and a former member of the House of Representatives. According to the source of the memo, Mr. Chikere acted as go-between to funnel significant amounts of cash to his wife who then proceeded to give favorable judgments to those who offered the cash

The memo alleged that Justice Kabiru Auta collected bribes from a businessman named “Alhaji Kabiru SKY.” The bribe scandal led the National Judicial Council (NJC) to suspend the judge, but the council later recalled the judge, claiming there was not sufficient evidence that he auctioned verdicts from the bench.

JUSTICE ABDUL KAFARATI has a litany of corruption allegations against him, even though he is due to become the new Chief Judge of the Federal High Court. Officials of the Economic and Financial Crimes Commission (EFCC) allegedly found more than N2 billion in the judge’s bank account. The judge reportedly claimed he had earned the funds from his farming business in Yobe State. Recently, Justice Kafarati granted a N26 billion verdict in favor of Capital Oil CEO, Ifeanyi Uba, against the Asset Management Corporation of Nigeria (AMCON). Mr. Uba was the biggest debtor to AMCON. The memo stated that Justice Kafarati has a favorite lawyer, Prince Ajibola Oluyede, who funnels bribes to him to grant illegal orders and pay-to-play judgments.

JUSTICE YUNUSA also faces several allegations of corruption. The memo cited evidence that he took N5 million bribe from a senior lawyer, Rickey Tarfa. Justice Yunusa is also accused of disregarding case precedents set by the Supreme Court of Nigeria.

JUSTICE PINDIGA of the Gombe State High Court was thrust into national prominence on account of his involvement in the Rivers State election petition fraud. He reportedly received N100 million from Governor Nyeson Wike of Rivers State to influence a tribunal ruling in the governor’s favor. The judge was subsequently removed as the head of the tribunal, but he reportedly bought several cars and built houses from the proceeds of his alleged corruption.

JUSTICES MUNIR LADAN AND BASHIR SUOKLA of the Kaduna High Court were recommended for arrest and prosecution based on several petitions alleging that they receive bribes in exchange for verdicts. Some lawyers reportedly characterized the two judges as “cash-and-carry” judges.

Some of the most extensive allegations in the memo pertain to Justice Adeniyi Ademola. In one instance, the judge allegedly accepted a $200k bribe to discharge a garnishee order against the Delta State House of Assembly. He was also accused of using his position as a judge to get his wife appointed to the position of Head of Service in Lagos State because of shady dealings with Bola Tinubu, national leader of the All Progressives Congress (APC). In 2010, the Cross Rivers State command of the DSS determined that Justice Ademola had accepted a bribe from some members of the “Peace Corps of Nigeria” and oil bunkerers under prosecution.

JUSTICE ADEMOLA was arrested last weekend and allegedly found to be in possession of $550k, part of which he reportedly claimed belonged to Justice Auta, the Chief Judge of the Federal High Court. Justice Ademola was also allegedly found with two unlicensed Pump Action Rifles in his Abuja home.

The judge has asserted that his ordeal was because he once tried current Attorney General of the Federation, Abubakar Malami (SAN), for professional misconduct when he was a judge in Kaduna. He has accused Mr. Malami of being behind his harassment, adding that the raid on his residence was a part of a retaliation plot by the AGF. The judge did not, however, deny the fact that he was found with huge cash at home.

JUSTICE IBRAHIM AUTA of the Federal High Court faces several allegations of misconduct, according to the memo obtained by SaharaReporters. The accusations against him include accepting bribes in order to assign "lucrative" cases to certain corruption judges who give him kickbacks. Numerous real estate assets have been traced to him. In addition, law enforcement agents allege that he once accepted N500,000 from Mr. Rickey Tarfa.

JUSTICE TSAMIYA of the Court of Appeal is accused of demanding N200 million from an interested party in a case before his court. He was arrested last week after the NJC determined that he was guilty of demanding for bribes.

JUSTICE ZAINAB BULKACHUWA, president of the Court of Appeal, is named in the memo where she is described as incurably corrupt and stupendously wealthy. Even though agents found that Justice Bulkachuwa abstained from taking bribes in the Rivers State election case, she is accused of engaging in bribery and taking kickbacks from judges to which she assigned "lucrative" cases.

JUSTICE ABBA AJI reportedly received N8 million from Mr. Tarfa. SaharaReporters learned that she was dropped from the list of judges recommended for elevation to the Supreme Court on account of her implication in the Tarfa bribe scandal.

In addition, Justice Bulkachuwa is alleged to have taken bribes from former Governor Godswill Akpabio of Akwa Ibom and Governor Patrick Okowa of Delta State in order to facilitate favorable judgment in election petitions.

The two justices of the SupREME COURT, NGWUTA AND OKORO, allegedly received significant bribes from Governor Nyesom Wike of Rivers State. Security agents allege that Mr. Wike gave the two judges N5 billion to ensure that other Supreme Court justices ruled in the governor's favor in a final election petition at the Supreme Court.

SaharaReporters had earlier reported that Justice Mary Odili of the Supreme Court played a role in the Wike case. Justice Odili reportedly wept in front of her colleagues, claiming that her husband, former Governor Peter Odili of Rivers State, would die prematurely if Mr. Wike's election was not upheld. Justice Odili reportedly coordinated the bribe scheme with Justice Ngwuta, who allegedly took delivery of some of the bribe in the United Arab Emirates (UAE). Justice Walter Onnoghen, the nominee for the post of Chief Justice of the Supreme Court, is alleged to have taken part in the Wike bribe scandal. However, security agents decided not to go after him, telling President Buhari that the backlash would be intense if Justicd Onnoghen, a southerner, were bypassed for CJN in favor of a northerner.

Justices Ngwuta and Okoro were also named in the case of Akwa Ibom where the governor is alleged to have disbursed a huge amount of money to bribe Supreme Court justices to secure a favorable ruling. A senior lawyer, Damian Dodo (SAN) reportedly facilitated the deal using a female in his chambers whose name was given as "Kauma". The Akwa Ibom governor paid the highest bribe to the Supreme Court justices.

Both justices were among judges arrested last week in late night raids carried out by the DSS. Security agents claimed that Justices Ngwuta and Okoro were found with stashes of foreign currency at their homes. Both justices have since been released.

HOW TO ATTAIN EXCELLENCE IN THE LEGAL PROFESSION - YUSUF ALI SAN

It is a lawyer who has succeeded in the law profession that is likely to become SAN. Success as used here is not in terms of financial stand, but rather in terms of professional qualification and ability to deliver good legal services to clients. It is therefore pertinent to state at this point, general tips that could assist serious lawyers to succeed in the Legal profession.

This tips are as stated below:

Law is a helping profession. Help others without looking for something in return. The simple fact is that effective networking means thinking about ways you can help your classmates, your colleagues and your friends with their own career  goals. Be generous with your own relationships and contacts and you will build a large reservoir of goodwill for when you need help.

People want to help you. Graciously give them the opportunity to do so. "Everything good that happened to me came from others", said Winkler. As far as he is concerned, there's no such thing as climbing the ladder of success. Success comes from getting a hand from above to help you up the ladder.

Respect your elders. Respect your younger ones. Respect those of the same age. Respect your peers. Basically, treat everyone with kindness and respect.Regardless of their social status, educational levels or financial ratings.

Make new friends and keep the old. Effective business development is really all about relationship.Classmates from law school go on to become clients and sources of referral business. The same is true of your colleagues at work and other friends in the legal profession. Maintain these relationships throughout your career.

Be loyal. Loyalty begets loyalty. Be loyal to your organisation. Be loyal to your colleagues. Be loyal to your clients. loyal to the profession. Above all be loyal to the cause of justice and yourself.

Do not exaggerate. Do not mislead the court.  Your professional reputation and integrity are your badges of identification. Once judges or colleagues believe you're unreliable, you are finished. A lawyer that misleads the court or even his colleagues is not only committing professional misconduct but also professional self- immolation.

Be a mentor. Mentoring is a two-way street and you are never too old or too young to have or be a mentor. When you mentor, it's a two-way matter. Your mentee gains and you also gain. Sharing knowledge has social and religious benefits.

Always go to events early. That way the next person who comes in has to meet you and they will most likely remember you. Lateness to events and programs is a hallmark of a dis-organised person. You are better able to plan your time when you arrive at events before time. It is sacrilegious to cultivate the attitude of going late to court. You end up dis-organised and incoherent in your presentation.

Join organisations and speak at any events you are asked to. Winkler said he often got new client that way. The caveat to this is that you must talk only when you have something tangible to contribute to the discourse. Avoid making inappropriate comments.

If you have no work, go to your office anyway. You never know what will crop up. You should have a structured time of attendance in your office. Time for resumption must be well known and adhered to.
Avoid ad-hoc arrangement.

Take advice from people around you.Never turn yourself to all- knowing king Solomon. Be a good listener. Understand the drift of a discussion before you contribute. In Legal matters, consult colleagues if in doubt about the position of the Law whether on procedural or substantive law. Never gamble with the law.

 Integrity.  A lawyer's Integrity is of vital concern to the community. In these days when honesty is in short supply in our clime, a lawyer needs rock solid reputation to succeed. Clients only feel comfortable with a lawyer they can trust implicitly.

 Be just at all times. The best way to disarm your enemy is to do what is just under all circumstances. Justice is the minimum thing a lawyer should pursue at all times and in all transactions. Fairness, Justice, equity, openness, transparency, good naturedness are some of the qualities any lawyer hoping to excel must take along in his practice of the Law.

To be a good lawyer,  you must first be a a good man.

Rickey Tarfa Charged Client N100 Million To Bribe Judge

How Rickey Tarfa Charged Client N100 Million To Bribe Judge

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Controversial lawyer, Mr. Rickey Tarfa (SAN), has landed in a fresh scandal following his demand and receipt of a N100 million from a client to bribe a judge handling the client’s case. 

Exclusive documents in possession of SaharaReporters, show that the client, Mr. Nsima Ekere, had an interest in a civil/political suit Ime Ekanem Vs PDP (Peoples Democratic Party), Udom Emmanuel; as well as another suit FCT/HC/CV/7652014, which Mr. Tarfa’s firm was prosecuting before Justice Yusuf Halilu of the Federal Capital Territory High Court.

Mr. Tarfa’s firm demanded, as legal fee, the sum of N5 million, which was paid in two equal installments of N2.5million. The first installment was paid in cash to the cashier at Mr. Tarfa’s firm, while the other was paid into Rickey Tarfa and Company’s account domiciled in Zenith Bank.

After the mention and hearing of the suit, Tarfa, documents showed, approached the Ekanem with a request of N100 million.

The client asked if the requested sum was part of the legal fee, but Mr. Tarfa responded in the negative, explaining that it was required to ensure that all the client’s prayers brought before the court were granted.

Tarfa was said to have assured that his effort would be successful, promising a refund of the bribe it failed.

With an agreement secured, Mr. Tarfa instructed Mr. Segun Jolawo and Mrs. Regina Okotie-Eboh, lawyers participating in the case, to provide a distinct account for the lodgment of the N100 million. The account provided bears the name Afuwa Integrated Services and is domiciled with Zenith Bank (1013902385).

Curiously though, Mr. Tarfa abandoned the suit leading to the court striking it out. Worse still, he failed to make a refund of the received sum, as promised, if the court declined the client’s prayers. Attempts to get him to comply were futile, with Tarfa claiming that the money was used to bribe Justice Yusuf Halilu of the Federal Capital Territory High Court.

On account of this, Mr. Ekere instructed his lawyers, Leo Ekpeyong & Co., to demand a refund from Mr. Tarfa. In a letter of demand to Mr. Tarfa’s firm, dated October 19, 2015 and signed by Leo Ekpeyong, Principal Partner, Mr. Tarfa was given seven days to make a refund.

“At this juncture, we hereby demand within seven days the refund of our client’s N100million as same was not given for the purpose of bribing any judge. Our client is a practising born-again Christian, whose belief system is certainly repugnant to such satanic and ungodly practices of bribery and corruption,” wrote the Mr. Ekere’s lawyers.

The legal firm also asked Mr. Tarfa if it was his practice to bribe judges to win cases and if he actually bribed Justice Halilu.

“Maybe the National Judicial Council, the Privileges Committee of the Nigerian Bar Association, the Economic and Financial Crimes Commission, the Nigeria Police, the Directorate of State Security and indeed, the whole world will hear how our learned silk has indeed been practising law vis-à-vis his relationship with his clients, just in seven days. I repeat, in seven days,” threatened Ekere’s lawyers.

Mr. Tarfa would later comply with the demand, but not fully. This nudged Mr. Ekere’s solicitors towards the Economic and Financial Crimes Commission (EFCC). In a letter to the acting EFCC Chairman, Mr. Ibrahim Magu, Mr. Ekere’s solicitors said Tarfa refunded the sum of N70 million, an uncomplicated indication that he actually received N100 million from their client.

Titled “The Unholy Exchange Between Justice Yusuf Halilu and Rickey Tarfa (SAN) and dated 18 July, 2016, the letter said Mr. Tarfa has refused to pay the balance of N30 million to Ekere and requested the EFCC to investigate the relationship between Mr. Tarfa and Justice Halilu as well as the bank account that served as conduit for the bribe. Mr. Tarfa knows a thing or two about bribing judges. Earlier this year, the lawyer was arraigned before a Lagos State High Court by the EFCC for paying money into the bank accounts of two Federal High Court judges. EFCC’s witness in the trial, Tosin Owobo, told the court that the anti-graft commission wrote letters to Zenith Bank and Fidelity Bank in the course of its investigation to request information on Tarfa and Awa Ajia Nigeria Limited’s account. Replies from the two banks showed that the signatory to the company’s account was Justice Hyeladzira Nganjiwa.

Also found in the transaction history was Justice Mohammed Nasir Yunusa of the Federal High Court. Owobo provided detailed information of transactions emanating from Mr. Tarfa to the two judges from the statement of account received.  Further hearing on the case will commence on 13 and 14 October.

SPEECH BY ABUBAKAR BALARABE MAHMOUD, SAN, OON PRESIDENT, NIGERIAN BAR ASSOCIATION AT A SPECIAL SESSION OF THE SUPREME COURT.

SPEECH BY ABUBAKAR BALARABE MAHMOUD, SAN, OON PRESIDENT, NIGERIAN BAR ASSOCIATION AT A SPECIAL SESSION OF THE SUPREME COURT TO MARK THE COMMENCEMENT OF THE 2016/2017 LEGAL YEAR AND CONFERMENT OF THE RANK OF SENIOR ADVOCATES OF NIGERIA AT THE SUPREME COURT OF NIGERIA, ABUJA NIGERIA ON19TH SEPTEMBER, 2013.

PROTOCOL

My Lord, the Chief Justice of Nigeria
My Lords, Justices of the Supreme Court and the Court of Appeal, Judges of other Superior Courts, Hon. Attorney General of the Federation and Minister of Justice, Benchers, Members of the Inner and Utter Bar.
Distinguished Ladies and Gentlemen;

INTRODUCTION

I thank My Lord for the privilege to speak at today’s special sitting of the Supreme Court to mark the beginning of a new legal year and also the admission of 22 very distinguished colleagues into the inner Bar.

This is the first time I will be appearing before this Court in my capacity as the President of the Nigerian Bar Association. I therefore wish to thank my Lord the Chief Justice of Nigeria and indeed other Justices of this court for the congratulatory and goodwill messages sent to me on my election.

It is customary to use this occasion to reflect, take stock, and chart the way forward for the coming year not only for this Court, but indeed for the legal profession and the administration of justice in general.  It is therefore appropriate for me to make some statements on behalf of the Bar.  But first to our new members of the inner Bar.


NEW SENIOR ADVOCATES OF NIGERIA

Let me begin by congratulating our distinguished colleagues on their elevation to the rank of Senior Advocates of Nigeria and admission into the inner Bar. I extend our felicitations to all of you, your families and associates.  This is indeed a mark of professional excellence that each and every one of your richly deserves.  You have all made indelible marks in your various areas of endeavors as legal professionals.  You now share with other leaders of the Bar the burden and responsibility for professional leadership that the rank of SAN imposes.   By your new position, you are role models for the profession. The rank must carry with it some notion of quality assurance. Our fellow countrymen and women would expect from you provision of legal services with highest standards of excellence. Legal practice has always been a business side to it.  We must recognize however, that if the idea of the award of the rank to a few of us every year is merely to grant commercial advantage above our other colleagues, then there will be hardly any justification for it.  I must therefore remind us on this solemn occasion that there are huge responsibilities that accompany this rank.  The responsibility to promote justice delivery to fellow citizens on the basis of the highest ethical and professional standards. There is a solemn duty to mentor, groom and develop younger members of the bar who will carry forward the rich traditions of the legal profession.  We have a duty to promote the independence and integrity of the legal profession. We must recognize that the prosperity of this country depends, amongst everything else, first and foremost, on our ability to promote the rule of law and guarantee justice and fairness to our communities and our fellow citizens.  This is by no means an easy task in a country of such great diversity and several potential fault lines.  However, we have every confidence that our colleagues being sworn in today will join other members of the inner and indeed other leaders of the profession in the tasks ahead.


LEGAL PRACTITIONERS PRIVILEGES COMMITTEE (LPPC)

My Lords, Distinguished Ladies and Gentlemen, let me use this opportunity to commend my Lord the Chief Justice of Nigeria/Chairman Legal Practitioners’ Privileges committee for the new reforms introduced recently and contained in the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria, 2016.  This demonstrates the continuing effort to strengthen the rules and guidelines for the award of the rank to address concerns and enhance the integrity of the process.  There has always been a concern that the quest for award of the rank is partly responsible for fueling appellate litigation and thereby over-burdening the appellate courts as candidates make concerted efforts to achieve the requisite number of appearances before our appellate courts.  The new guidelines appear to respond to this by putting more emphasis on trial court advocacy.  We commend your Lordship for this improvement.  The NBA however would like to have a greater say in the composition of the LPPC. We note with concern the present composition of the Body without a direct input from the Bar. We suggest the representation of the Bar on the Committee should be on the nomination of the NBA to the Chief Justice.  It will also not be out of place to suggest that the President of the Nigerian Bar Association should be a permanent member of the Committee.  I am confident that greater involvement of the NBA in the process will further strengthen and enhance the credibility of the exercise.

My Lord, permit me now to turn to some other broader issues.


REFORM OF THE JUDICIARY
        
I want to begin by again commending the efforts of the Judiciary under the Leadership of Chief Justice Mahmud Mohammed GCON. My Lord, in your address on similar occasion in this very court room, on 21st September, 2015, two areas caught my attention.  First was your commitment to institutional integrity. This is what you said: “Since assumption of office, I have worked to strengthen the integrity of our Judicial Institutions through the review of the Judicial Official appointment process as well as innovations, which will enhance case disposition and the engendering of an open door policy that has enabled me to engage with other Heads of Court and where necessary the leadership of the Bar….” The other area that caught my special attention was your commitment to the deployment of information Technology in the Judiciary. Indeed, I have no doubt in my mind that these two areas hold the key to the transformation of the Judiciary, on launching us into the modern era of administration of Justice. Luckily, we are making progress in both areas.  In April 2016, we saw the launching of the new National Judicial Policy by the National Judicial Council.  This new policy covers a wide range of issues from appointments, to judicial performance, access to Justice, Case Flow Management, Transparency and Anti-Corruption Policy etc.  We commend your Lordship for this bold initiative.  We recommend active dissemination of this policy across all levels of the nation’s judiciary and periodic monitoring and evaluation of the attainment of the policy objective.  As demanded by this new policy, your Lordship has just advised the Nigerian Bar Association of the establishment of the Judicial Ethics Committee under the chairmanship of Hon Justice Idris Legbo Kutigi GCON.  We commend this initiative but urge that the representation of the bar on the committee be increased from the current 2 out of 10 to a more sizeable number. In addition, we recommend that some public interest representation be infused into the committee.  Besides this being in keeping with Your Lordships open door policy, public interest representation can only enhance public confidence in the activities of the Judiciary especially in this critical area of judicial ethics.  

With regards to Information Technology the Nigerian Bar Association believes that the deployment of technology holds the key to the future development of the judiciary.  It has the capability to improve access to justice, efficiency and transparency. We note despite the approval of an ICT Policy for the Judiciary and the modest progress that has been made in the areas of case flow management and electronic communication, the pace of implementation needs to be scaled up.   More importantly, the implementation needs to drill down to the State levels. It is important that the progress be made at all levels of the judiciary.

REFORM OF THE BAR

My Lord, distinguished ladies and gentlemen, it is not only the Judiciary that requires urgent reforms.  Indeed the Bar is an eminent candidate for reform.  I am referring to the reform of the regulation of the legal profession.  The recent public concern about the profession has forced many of us to think deeply on the current state of the legal profession and indeed how the profession is being regulated.  We realise that there is an urgent need to interrogate the architecture of the regulation.  This is imperative if the legal profession in Nigeria is to be raised in sync with the current international standards of the regulation of the profession. Many countries for instance are moving away from the current model of self-regulation.  A few have strengthened their Bar Associations or Law Societies to combine both the representative functions with the regulatory function.  In my view this is conversation that is long overdue here.  We must for instance interrogate the capacity of the Body of Benchers to continue its regulatory responsibility.  The Body of Benchers currently comprises 240 members.  Out of these, 99 are Life Benchers majority of whom do not attend the meetings of the Body due to age or other exigencies. 72 are State Chief Judges and Attorneys General, the Nigerian Bar Association has 30 representatives. The remaining members are Justices of the Supreme Court and the President and Presiding Justices of the Court of Appeal Divisions all very busy people.  The question really is what sort of regulation do we expect from a body comprising 240 members many of whom we can only expect fleeting attention from?    Many countries in the Commonwealth, though still retaining the Ceremonial responsibilities of the Benchers for admitting qualified persons to the bar and as custodians of the legal tradition and other formal powers, they have created new and more effective institutions for the more arduous and increasingly complex task of regulating the legal profession.  In the United Kingdom for Instance, the Legal Services Act 2007 is legislation of over 400 pages.  It defines the Regulatory Objectives to be achieved in the regulation of the legal profession in the United Kingdom and establishes the Legal Services Board as the Apex Regulator with the Bar Council and the Solicitors Regulation Authority having specific role of regulating Barristers and Solicitors Respectively.  My postulation is that unless we take important and urgent decisions, the legal profession in Nigeria will lag behind its other contemporaries in Africa and indeed internationally.  The legal profession is key to the next phase of Nigeria’s development.   Effective regulation of the profession is an absolute prerequisite for the development of the profession. 

I am proposing to summon a high level Bar leaders’ Summit later in October this year to consider this amongst other important matters affecting the profession such as legal education.  I will be counting on the support of Lordship in this process of consultation and consensus building on the direction to move the profession in the coming years.

BAR AND BENCH  RELATIONSHIP

My Lord, let me use this opportunity to reassure your Lordship of my commitment to a cordial relationship between the Bar and the Bench under my leadership of the NBA.  I am aware that my immediate predecessors worked very hard to maintain a good relationship with the Bench and enjoyed tremendous cooperation from your Lordship and indeed your own predecessors in office.  The Bar and the Bench are Siamese twins.  We work for the same objectives.  I think we must swim or sink together. On our part, we will continue to be strong advocates of the greater independence of the judiciary.  We will champion its cause.  We will guard its reputation jealously.  But that means we will fight even those within who seek to undermine its reputation.   Let me reiterate what I said in Port Harcourt in my inaugural address on 26th day of August, 2016.  “On the reform of the judiciary, NBA will advocate for urgent reforms that will reposition our judiciary and equip it to play its future role. A clean, efficient, knowledgeable and efficient and transformative judiciary is at the foundation of building an orderly, peaceful and prosperous society. It is the only way we can guarantee the rule of law and an egalitarian society for our people.  The notion that a judge could be bribed either by a lawyer or litigant is completely obnoxious and unacceptable. In many countries it is unthinkable! The NBA under my watch will fight judicial corruption. We shall also make the legal profession unattractive for corrupt lawyers.  We will ensure that the NBA does not become a sanctuary of miscreant lawyers”.

My Lord, we are willing to explore all areas for enhancing the cooperation of the Bar and the Bench in the overall interest of the legal profession and the nation’s judiciary.

STATE OF THE NATION

I cannot conclude this address without commenting on the state of the nation.  Our country is facing daunting challenges. The primary challenge appears to be the economic down turn. It is officially accepted that we are in economic recession.  For many Nigerians this is not a matter of figures or statistics.  It is hard reality of joblessness, poverty and inability to meet basic needs.

Getting out of our present situation demands concerted efforts of all citizens and all institutions. The expectation on the legal profession is enormous. We must demonstrate patriotism and leadership as well as knowledge and skills.   We must work to enhance confidence in the legal system, promote the rule of law, guarantee protection of citizens as well promote the sanctity of contractual obligations thereby improving the business environment.  As we know development is intricately linked to the Rule of Law. 

My Lord the Chief Justice, My Lords, distinguished ladies and gentlemen, I want to restate the commitment of the Nigerian Bar Association to promoting the rule of law and rekindling a new era of economic prosperity for our Country.

Before I take my seat let me welcome my Lords from your vacation and to wish you a very successful legal year ahead.  To our new Silks, I say once again say a big congratulation on behalf of all your colleagues in the Nigerian Bar Association. 

I thank you all for listening.


Abubakar B. Mahmoud, SAN, OON, FCIArb, SFNLI
President,
Nigerian Bar Association

EXTRACTS FROM THE NBA ANNUAL GENERAL MEETING (AGM) 2016

NBA 2016 ANNUAL GENERAL CONFERENCE: HIGHLIGHTS OF ANNUAL GENERAL MEETING (THURSDAY, August 25, 2016). The meeting opened at exactly 10.00am with an opening prayer. Thereafter the conferees were asked to verify the minutes in pages 318-326 of the Annual Report to ensure there is no correction to be made. Some errors were brought to the notice of the outgoing President in which he sincerely thanked them. At the end of the corrections, Mr. Adewale from Ikeja branch proposed the adoption of the minute of the meeting while the motion was seconded by Ruth Badun from the Ibadan branch and the minute of the Annual General Meeting held in Abuja was subsequently adopted. After the adoption of the minute, the outgoing president in the person of Augustine Alegeh SAN proceeded with the agenda of the meeting. The outgoing president’s statement came next. He began his speech by welcoming everyone present and stated that the General Meeting will be the last general meeting of his administration. He expressed his profound appreciation to the Bar for all the support rendered to him during his administration and apologised for whatever inadequacies encountered by his administration. He stated that in the last two years, they had been able to introduce the NBA affinity, stamps amongst other projects and expressed his desire that the next administration continue in the said positive projects if they believed in them. Also, he welcomed parties for new Senior Advocates of Nigeria and send forth parties for retiring Supreme Court Justices had also been introduced in the last two years as well as the introduction of entertainment sessions featuring top artistes like Burna Boy and Tuface respectively in the last two NBA conferences. He informed the house that the bar provided support both financially and in terms of man power during the last elections held as well as joined hands with the Government in the fight against corruption. He stated that the Bar under his administration had zero tolerance for corruption. The Bar also joined hands with the Government in the fight and struggle against insurgency. The NBA secretariat was also constructed in Abuja and on the 16th of August, the National executive of the NBA also moved into a more befitting area in Abuja. The secretariat was built for the comfort and accommodation of members of the Bar. He stated that his administration afforded more lawyers the right to exercise their right as opposed to previous administrations. He stated that the newly introduced e-Voting universal suffrage system saved the Association an average of N600 Million. The administration, he said, introduced a series of innovations regulating the way and time frame in which office holders could be allowed to hold office again. He concluded by restating the fact that the desire of his administration has been to serve the association, to leave it better than he met it and leave behind a viable association for the incoming administration. He further apologised for the difficulties experienced in the conference as regards the lack of conference materials. He stated that in the Abuja AGM they got a total of 12,000 bags and in this year’s Port HarcourtH conference they got a total of over 10,000 bags which had all been collected. He stated that the entire number of bags exceeded the total number of conferees and yet about 3,000 people still did not have bags. He further stated that at the conference this year, they had not less than 10,000 bags and about 9,000 conferees. He emphasized that the bags came in batches in the course of the conference, and that at the moment about 3,000 people were still unable to get bags. He accepted total responsibility for this and apologized. He advised the bar to stay united despite the outcome of the elections while thanking the members of the association for the support accorded him during the administration. At the end of the report, Ziggy Azike was called upon to move for the adoption of the president’s report which he did. Professor Jummai Audi was thereafter called upon to second the motion for the adoption of the president’s speech which she did. Thereafter, the General Secretary in the person of Mazi Afam Osigwe presented his report. He stressed on the outcome of the cases presented to the Disciplinary Panel and their challenges together with the fact that the NBA secretariat had been moved to a better location at Plot 1101 Cadastral Zone A00, Central Business District, Abuja. He expressed profound appreciation and pledged total support from the Bar for Abiola Isiaka, his successor and expressed gratitude to the entire Bar. Usman Sule of the Lokoja Branch was asked to move the motion to adopt the Secretary’s Report. Professor Ogugua Ikpeazu was called upon to second the adoption of the secretary’s report. Afterwards, the next report to be adopted was the treasurer’s report which appeared on pages 1-64 and craved the indulgence of the house to take the report as read. The President then called on the chairman of the Abuja branch to move for the adoption of the treasurer’s report. Mrs. Geraldine from Lagos branch was thereafter called to second the motion. Conferees commented on the financial report. Another conferee asked that a clarification be made on the expenditure at page 30 paragraph 22 of the treasurer’s report which the President explicitly did stating that the N200,000 was given to the (LOAN) acronym for Law Officers Association of Nigeria for celebration of their law week while strata flex were the ones in charge of the stamp of the stamp. Another conferee commended the executive for its prudence and transparency in the expenditure while praying for the grace to fish out the bad eggs in the association. A member of the house expressed his displeasure that the annual report and the treasurer’s report was only given to members at the venue thus depriving the members of enough time to process the information contained in them and to make adequate contributions. Next, the Director General of the Nigerian Law School, Mr. Onadeko presented the Report for the Council of Legal Education and highlighted the salient points in the annual report stating that about 2,218 new wigs were called to the bar including an octogenarian whom he wished a very robust practise at the bar. He called for comments on the online questionnaires so as to help in further developing the standards of the council of legal education and better training of Law students, to make them better lawyers. He commented the infamous act of some legal practitioners who engage in examination malpractices by coming into the bar examinations to sit for law students. He further observed that another challenge faced by the Council was the fact that universities exceed the quota of their faculty, but this challenge has been eroded by the introduction of an index number to every law student, such that will serve to curtail the excess number of students admitted by universities. The implication of this, he stressed, was that any student without an index number cannot be regarded as a law student. He raised the issue of structured pupillage, which he stated was very important, and pleaded that the structured pupillage be made effective to train new wigs in effective and effectual practice. He concluded by expressing his gratitude for the audience granted him. The President observed that some salient facts had been omitted from the report such as the donations made to the Lagos campus for the renovations of some of the hostels and the fact that, the DG, himself had just been conferred with the title of “SAN”. Rotimi Jacobs SAN, moved for the adoption of the report, while the past General Secretary, Afio Fayokun was called upon to second the adoption of the report. Lady Grace Azingi stood in representation of the Director General of the CAC and delivered the report of the CAC. She stated that from the 1st of September 2016, the Commission will suspend the manual submission of applications for name reservations, as it will now commence on the internet. She outlined the innovations just introduced by the CAC, and stated that the draft copy of the review of CAMA has been circulated with the vision to improve the workings of the commissions, business names and incorporated trustees. At the end of the report by CAC, Emeka Ohiagulu the past Secretary General of the NBA was called upon to adopt the report, while Liveryard, the Chiarman of the Ikorodu branch, was called upon to second the motion. LEGAL AID COUNCIL REPORT The report was presented by Mrs. Joy Bob-Manuel, the Director-General of the Legal Aid Council. She stated that despite the fact that they were affected by the strikes, they were still able to have completed about 7,000 cases. She informed the house that the World Bank recently commended the Legal Aid for the good work they had been doing, and also that the council recently moved into their permanent location at Garki Abuja. She called for collaborations with the council and stated that those interested in such collaborations could pick up a form at the nearest Legal Aid Councils to them. The motion for the adoption of the report was then moved, while Lady Debbie seconded same. Questions were asked by the conferees and answered accordingly by the outgoing president. Awards were given to conferees that stood out.

The vision of “A BRAVE NEW BAR” - MAHMOUD SAN, NBA PRESIDENT ELECT

NBA 2016 ANNUAL GENERAL CONFERENCE: HIGHLIGHTS OF SHOWCASE SESSION (WEDNESDAY, AUGUST 24, 2016).

SETTING STANDARDS: THE FUTURE OF THE LEGAL PROFESSION

SESSION CHAIR - T. J. O. Okpoko SAN, Past President, Nigerian Bar Association

LEAD PRESENTER - A. B. Mahmoud SAN, President-Elect, Nigerian Bar Association

SPEAKERS - 

1. Dr. Koyinsola Ajayi SAN, Olaniwun Ajayi Law Practitioners

2. Muhammed Hassan Liman SAN, Hassan Liman & Co

3. Barbara Omosun, Paul Erokoro & Co

4. Onyechi Ikpeazu SAN, Onyechi Ikpeazu& Co

5. Layi Babatunde SAN,  Layi Babatunde & Co

6. Andrew Odum, NBA, Asaba Branch

7. Ope Olugasa, Managing Director, GIT-LawPavilion

SPECIAL GUEST OF HONOUR - His Excellency, Nyesom Wike, Governor, Rivers State

The Chairman, Chief Okpoko SAN started the session by welcoming the distinguished Speakers and other Conferees and called to the mind of everyone the essentials of the topic at hand which centres on the future and development of the legal profession. In his modulation, he introduced the speakers in no particular order.

A. B. MAHMOUD SAN

He expressed his gratitude to all members of the Bar for being given the opportunity to share his thought on the topic aforementioned. He started by highlighting important sub-topics with respect to the day’s session discourse, these were;
1. The historical evolution of the legal profession
2. The current trends/challenges facing the legal profession
3. The external threats
4. The challenges facing the Nigerian Nation
5. The failure of the legal profession
6. The vision of #ABraveNewBar

The Historical Evolution of the Bar

He ran a brief chronicle on the evolution of the legal profession which dates back to the 19th century particularly in 1862 when the British introduced the court system in England. With respect to Nigeria, what could be deduced from the historical trace were;

• That the 1st indigenous Nigerian lawyer called to the English bar in 1879 was Christopher Alexander Sapara Williams

• That Court system in this country was introduced pursuant to the 1876 Supreme Court Ordinance and amalgamation of the Northern and Southern protectorate

• That the first Faculty of Law in Nigeria was first built in the University of Ibadan

Accordingly, he stated that presently, we have 40 Law Faculties in Federal Universities, 20 in State Universities and 10 in private Universities. It is important to know that Nigeria produces 6000-7000 Lawyers annually who are trained in these tertiary institutions.

Challenges Facing the Legal Profession

The relative challenges as mentioned are:

• Declining ethical and professional standard
• Declining quality of legal education
• Growing number of lawyers
• Loss of confidence in the legal profession

External Threats

• Globalization
• Increasing inter-connectedness
• Intrusion into the Nigerian legal market (directly and indirectly by foreign law firms) which has posed a major challenge for lawyers in the country
• The obligation of Nigeria as a member of the World Trade organisation (WTO)
• New technologies and New knowledge and skills
• Disruptive legal innovations - Most Universities in Nigeria still do orthodox and less important courses while in other parts of the world, there are new models of legal education and courses
• Disruptive legal innovation in legal services delivery 
• Automation

Challenges facing the Nigerian legal profession

• Poverty
• Corruption
• Over population compared to productivity and GDP reduction
• Inequality
• Youth unemployment
• Internal conflicts (for instance, the insurgency in the North East region, Niger-Delta clash)

Failure of the Legal order

The Nigerian Legal Profession has made huge contributions to national development but failed to achieve basic goals.

The vision of “A BRAVE NEW BAR”

He stated that the vision of the ‘brave new bar’ is basically to create a legal order that will guarantee the right to development for Nigerians. The creation of the brave new bar will be focused on key areas;

• Regulation: In the aspect of regulation, the question to be asked is whether we need a new model of regulation or whether we could modify the already existent regulation model. Thus there is need to interrogate the regulatory architecture of the legal profession to ensure that the required changes are made for the legal profession to move forward.

• Representation: Here, he stated that our focus should be on what the NBA needs to do to ensure that the legal profession is well and adequately represented. He added that the representative role of the NBA needs to be re-engineered in order to bring it up to date with new innovations.

• Public Interest: This entails the need for the NBA to remain courageous in speaking out on national issues and also having a clean judiciary. He finally advised all lawyers especially the senior lawyers to remove the notion that they can get richer in an ailing economy.

MR. OPE OLUGASA

He re-established the need for immediate adoption of ICT as the world has gone global and Nigerian lawyers ought to be attuned to modern technology devices and migrate from the tunnel of analogue modus operandi. His points are presented as follows;

• That LawPavilion is the official ICT partner of the NBA 

• That by virtue of LawPavilion’s ICT services there is the introduction of the NBA mobile App available on android devices, which can be used for the following; Conference Management, Payment of Bar Fees, Download Conference Papers, Manage Conference Sessions, Questions and Polls, Capture Contact Details, Get in touch with other lawyers and much more

• He traced the history of law which dates back to the time where there was inscription of laws on tablet of stones, then to scrolls, books afterwards before the introduction of the computers

• Since inception of the computer, lawyers across the globe have tried to make legal practice easy and fast by putting those legal authorities in electronic form

• That with the invention of LawPavilion Prime, legal research and law reporting has become much easier and our judgments more predictable by the introduction of "Legal Analytics" which the product, Law Pavilion Prime is all about. Hence, it cannot be said to be overstretched that LawPavilion Prime is geared towards assisting the Bench and the Bar to meet up with the evolution of legal practice in the digital world

• That the LawPavilion Prime is launched today and is available at the LawPavilion exhibition stand in the Civic Centre

BARBARA OMOSUN

She spoke from the young lawyers’ perspective on the future of young lawyers. She stated that young lawyers need to have the consciousness to thrive in the legal world in order to stay relevant. She advised young lawyers to engage in a lot of pro-bono services required to build up the necessary experience and skills and in addition to this she encouraged the need for mentorship and support for young lawyers.

In conclusion, she stated that the graduation of lawyers need to be strictly scrutinized in order to reduce the over-population of lawyers which has posed a threat to their employments and welfare. Lastly, she was of the view that young lawyers need to be respected and well remunerated because they have needs to cater to.

LAYI BABATUNDE SAN

He stressed on the fact that our well being is based on the well-being of the society and that as legal practitioners we cannot live in isolation. He furthermore added that;

• Friendship needs to be restored in all sectors of the legal profession
• There should be synergy between the elected officials of the NBA and the people who work with them.
• The NBA officials should be accountable

MR. ANDREW ODUM

His focus was on the regulatory bodies of the legal profession and urged the NBA to help fight corruption in this profession. He made it clear that the provisions of the Rules of Professional Conduct, which spells out the ethics of the profession, needs to be highly complied with. He expressed his dissatisfaction towards the Legal Practitioners Remuneration Committee (LPRC) whose activities in the country cannot be boasted about.

QUESTIONS AND CONTRIBUTIONS

• We need a department in our Association called the research and development department which should contain full time staff.
• Young lawyers need job security
• There should be a static vision of our bar and should not depend on the new president elected
• There should be a breakdown of our regulations into manual for compliance
• Pupillage is a means of slavery and should be scrapped
• What about law clinics in our Law schools

Mr Layi’s reaction was that young lawyers need to be patient for he was once a young lawyer before he became a SAN.

NBA President-Elect reacted to some of the contributions as he stated that there are very good law clinics in our schools but they need to be improved and well equipped. He also explained that the vision of a brand new bar is not set to upturn the vision of the NBA but it is the vision of his campaign which tends to drive his ideas to the mind’s eyes of all legal colleagues.