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.