Udora Orizu writes that the Company and Allied Matters Act 2020 which was recently assented to by President Muhammadu Buhari has received knocks from NGOs and religious groups who describe it as repressive and ungodly, while calling for an amendment

There has been unease and uproar over the Company and Allied Matters Act which was signed into law by President Muhammadu Buhari on August 7th 2020. The CAMA 2020 which has received commendations from the business community, as it is said to facilitate the ease of doing business in the country, is also faced with backlash from religious, non-governmental and human rights organisations, who are kicking against some sections of the law particularly section 839.

Following concerns on the CAMA 1990 becoming outdated, Buhari in November 2019, wrote to the Senate seeking an amendment for the Act to be repealed or re-enacted. The amendments were aimed at encouraging investments that will allow small businesses and startups thrive, lower costs and ease regulatory burdens. It also provides significant benefits to companies by reducing red tape and making it easier to comply with regulatory obligations.

In the letter read by the Senate President, Ahmad Lawan, at the plenary, he said, ”Pursuant to Section 58 of the Constitution of the Federal Republic of Nigeria 1999 as amended, I hereby forward the Companies and Allied Matters and other related matters Bill 2019 for consideration and passage into law by the Senate. The Senate may wish to note that in this bill, Section 26(5) of the extant companies and Allied Matters Act has been amended to”

”Preserve the powers of the Attorney-General of the Federation to approve the registration of companies limited by guarantee and Reflect the ease of doing business principles in a veto order (1) of 2017 on the promotion of transparency and efficiency in the business environment. While I look forward to the usual expeditious consideration and passage of this bill, please accept the assurances of my highest consideration.”

The Senate, in March 2020 passed the CAMA bill which was sponsored by the Senate leader, Abdullahi Yahaya.

Yahaya had said the bill seeks to provide for the incorporation of companies, limited liability partnerships, limited partnerships, registration of business names together with incorporation of trustees of certain communities, bodies or associations.

He said, ”The Repeal and Re-enactment of the CAMA Bill when passed to law, will have the overall effect of making the Nigerian corporate law more in tuned with today’s business realities, improve the business environment, as well as mitigate direct compliance costs for businesses in Nigeria. It is expected to reduce the minimum share capital for companies and startups in Nigeria. The introduction of e-registration system will ensure global access to registration of companies and Increase in foreign investment through the creation of a new legal entity.”

He added that the necessary amendments have been made as requested by the President. The Senate President, Ahmad Lawan, and many other senators supported its passage.

Following the passage of the Bill by the senate, and the eventual signing into law by President Buhari, it was not a surprise, that he received commendations from various stakeholders in the business community and otherwise. The new CAMA has been described by the stakeholders as Nigeria’s most significant business legislation in three decades.

A civil society organisation, Civil Society Legislative Advocacy Centre (CISLAC) described the CAMA 2020 as a law that will aid the fight against corruption, adding that the law enforcement and anti-corruption agencies had often failed to identify the real owners profiting from strategic Nigerian-registered business entities active in the oil and gas sector, defence, construction and others but with the new law, things would change.

Its Executive Director, Auwal Ibrahim Musa, noted that the absence of the enactment of the CAMA made it impossible to act on establishing a publicly available register of beneficial owners, adding that financing the Nigerian fight against corruption and poverty is sabotaged continuously by financial secrecy, which erodes national sovereignty.

Some business friendly provisions in the new law include; ”Single member and shareholder companies –S.18(2) of the new CAMA now makes it possible to establish a private company with only one (1) member or shareholder.”

”Exemption from appointing Auditors – Small companies or any company having a single shareholder are no longer mandated to appoint auditors at the annual general meeting to audit the financial records of the company. S.402 of the new CAMA provides for the exemption in relation to the audit of accounts in respect of a financial year.”

”Exemption from the appointment of company secretary – The appointment of a Company Secretary is now optional for private companies. According to S. 330 (1) of the new CAMA, the appointment of a company secretary is only mandatory for public companies.”

”Creation of Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs) – The new CAMA introduces the concept of Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs). This combines the organisational flexibility and tax status of a partnership with the limited liability of members of a company.”

”Reduction of Filing Fees for Registration of Charges – Under S. 223 (12) of the new Act, the total fees payable to the CAC for filing has been reduced to 0.35% of the value of the charge. This is expected to lead to up to 65% reduction in the associated cost payable under the regime.”

While the new law is a welcomed development to the business community, it has however been rejected by various Non-governmental and religious groups who believes that the unpopular NGO regulation bill was smuggled into the new law.

The organizations are seeking an amendment to the provisions made in sections 839 (1) & (2) of the law, which empowers the Corporate Affairs Commission to suspend trustees of an association (in this case, the church).

According to the new law, ”Section 839 (1) empowers the Commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association where it reasonably believes that- (a) There is or has been misconduct, mismanagement in the administration of the association.”

”(b) it is necessary or desirable for the purpose of; i. Protecting the property of the association. ii. Securing a proper application for the property of the association towards achieving the objects of the association, the purpose of the association of that property or of the property coming to the association,
iii. Public interest; or (c) the affairs of the association are being run fraudulently.”

Subsection 2 provides as follows: ”1. The trustees shall be suspended by an order of Court upon the petition of the Commission or Members consisting of one-fifth of the association, and the petitioners shall present all reasonable evidence or such evidence as requested by the Court in respect of the petition.”

”Subsection 3 provides for the hearing of the petition and the appointment of the Interim Managers by the Court with the assistance of the Commission. The Interim managers are designated by the Court or the appointment of any person who cannot do as otherwise instructed without the approval of the Court.”

Rejecting the section, the Christian Association of Nigeria (CAN) in a statement on August 20th described the act as unacceptable, ungodly and reprehensible.

The association called on President Buhari to return the law to the National Assembly for amendment and stop the implementation of the law until the religious institutions are exempted from it.

In the statement issued by Special Assistant to CAN President, Pastor Adebayo Oladeji, the association said it is not against the government fighting corruption but it completely rejects the idea of bringing the church, which is technically grouped among the NGOs, under control of the government.

He argued that Nigeria should not be compared with any other nation when it comes to the relationship between the religious institutions and the government.

According to CAN, ”In Nigeria, people’s religions are tied to their humanity and of course, their life adding that the satanic section of the controversial and ungodly law is Section 839 (1) &(2) which empowers the Commission to suspend trustees of an association (in this case, the church) and appoint the interim managers to manage the affairs of the association for some given reasons.”

”The Church cannot be controlled by the government because of its spiritual responsibilities and obligations. We recall that during the First Term of the President, there was a Public Hearing conducted by the National Assembly on the Non- Governmental Organisations Bill tagged ‘Bill for an Act To Provide For The Establishment Of The Non-Governmental Organizations Regulatory Commission For The Supervision, Co-ordination And Monitoring Of Non Governmental Organizations’ which was attended by CAN and many NGOs.”

”At the Public Hearing, the Bill that sought to bring the religious organizations and NGOs under the control and influence of the government was totally rejected because it would snuff life out of the church and rank the church as a secular institution under secular control. We thought it was all over until we heard of the CAMA that was assented to by the President, making the rejected bill a law.”

”How can the government sack the trustee of a church which it contributed no dime to establish? How can a secular and political minister be the final authority on the affairs and management of another institution which is not political? For example, how can a non-Christian head of Government Ministry be the one to determine the running of the church?

”It is an invitation to trouble that the government does not have power to manage. Let the government face the business of providing infrastructure for the people. Let them focus on better health provision, food, education, adequate security employment, etc. The government should not be a busy body in a matter that does not belong to it. The government does not have the technical expertise to run the church of God because of its spiritual nature.”

The Christian body added that if the government insists on imposing the law on the Church, then, they have declared war on Christianity and the agenda to destroy the Church which we have spoken against before now is coming to the open more clearly.

On its part, the Socio-Economic Rights Accountability Project (SERAP) described the signing of CAMA 2020 as illegality and has vowed to challenge it in court.

Also, the General Overseer of the Living Faith Church, Bishop David Oyedepo, said the Federal Government should expunge the part of the Act that gives the supervising minister powers to remove the board of trustees of churches without recourse to the court.

With the ongoing criticisms trailing the new law, there seems to be hope for amendment as the House of Representatives has called on NGOs and religious institutions opposed to the new CAMA to seek an amendment to the law.

In a telephone call with THISDAY, the spokesperson of the House of Representatives, Hon. Benjamin Kalu said those who are not happy with some aspects of the Act should approach the parliament and present their complaints through the proper channels which will be presented before the House and Senate and then considered.

He appealed to Nigerians to always heed to the lawmakers invitations to public hearing and as well monitor any sector they are involved in.

He said, ”Companies Allied Matters Act didn’t not start with this 9th Assembly, it started with the 8th Assembly and it’s been on for about two years, there was enough time for recommendations to be made for the Bill before it became an Act, there was public hearing, the process of law making includes public hearing so there can be an opportunity for interested parties express themselves on what they don’t like about a particular Bill to be considered before its passage and no law is a perfect law neither are they cast on stones, there’s always a provision in the constitution for amendment of laws made by the parliament therefore if the people the law is made for have any complaints, though they were supposed to be vigilante enough to raise it at the appropriate time but it’s better late than never.”

”So the opportunity that the constitution has allowed for those who are not happy with a piece of legislation is to come via way of amendment to the law. I’m aware that a lot professionals are happy with most provisions of the CAMA bill, but there are some who considered few provisions offensive and against their expectations, there’s still an allowance for amendment to be made to it, all they have to do is to present it through the proper channels and that will be presented before the House and Senate and be considered.”

”We have amended so many laws in Nigeria this will not be first or last. All the non governmental agencies should have legal departments to know what to do and approach their various representatives to make a presentation before the House on the areas they are not happy with then go by way of amendment to the Act. So this should not cause a problem in the society at the moment. They should make use of the available opportunity created by the constitution to amend any legislation that they are not happy. However it’s important that people are vigilant, monitoring what is happening in a particular sector they are involved in.”

”This is why I always urge Nigerians to accept our invitations when we call for public hearing. Attitude of Nigerians to public hearing has always been i’t’s their business’ and then when you are indolent and something happens you now run to equity and equity says it aides the vigilante not the indolent, the message to Nigerians is that whenever there’s public hearing please be interested and make use of it to advocate your concerns.”

QUOTE

Subsection 3 provides for the hearing of the petition and the appointment of the Interim Managers by the Court with the assistance of the Commission. The Interim managers are designated by the Court or the appointment of any person who cannot do as otherwise instructed without the approval of the Court. Rejecting the section, the Christian Association of Nigeria (CAN) in a statement on August 20th described the act as unacceptable, ungodly and reprehensible. The association called on President Buhari to return the law to the National Assembly for amendment and stop the implementation of the law until the religious institutions are exempted from it

Written by Udora Orizu

The suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, at the weekend stated that the Attorney-General and Minister of Justice, Abubakar Malami, who accused him of financial impropriety in a 22-point memo to the Justice Ayo Salami-led judicial commission of inquiry, was yet to appear before the panel to substantiate his allegations as required by the law.

He said there was no interim report before President Muhammadu Buhari recommending his removal contrary to reports.

Magu alleged that the AGF, whose memo triggered the panel’s proceedings, was yet to be summoned to testify, as he who “asserts must prove.”

A statement issued in Abuja by Magu’s counsel, Wahab Shittu, said there was no truth that an interim report was submitted to the president when the panel was still taking witness testimonies.

Another counsel to Magu, Mr. Tosin Ojaomo, said going by the evidence tendered so far at the panel, Magu was exonerated, expressing hope that the suspended EFCC boss would be returned to his office.

On the AGF, Shittu asserted that: “The Attorney-General, Malami, whose memo triggered the proceedings, is yet to be summoned to testify to support the allegations against our client, as he who ‘asserts must prove’.”

He said Magu was yet to be allowed access to case files, petitions, presentations, and exhibits even as he was not allowed to present his defence.

Shittu maintained that contrary to reports of submission of interim report to the president, “proceedings are ongoing and witnesses are still lined up for next week beginning from August 24.

“We wish to confirm that the proceedings are still ongoing, and my client is yet to present his defence. We are therefore shocked at the suggestion that an interim report has been submitted to President Muhammadu Buhari. We all know that this is democracy anchored on respect for the rule of law. Central to the rule of law is the element of fair hearing

“Section 36(1) of 1999 Constitution (as amended) is explicit on this. It provides that: “In the determination of his civil rights and obligations, including any question or determination by any government or authority, a person shall be entitled to fair hearing within a reasonable time by a court or tribunal established by law and constituted in such manner as to secure its independence and impartiality.”

The statement urged those bent on prejudicing the proceedings of the panel by planting false stories in the public space to think of the interest of the country and not “prejudge our client whose commitment all along is service to the country.

“The only thing keeping our client going in spite of the desire of mischief makers to pitch him unfairly against the authorities is his conviction of his innocence.”

Shittu reiterated his earlier position that despite repeated demands, his client was yet to access a copy of the allegations against him and was only served a copy of the instrument setting up the panel on August 8, 2020, 35 days after the panel began sitting.

*Simpler market on the table

The new Director- General, Securities and Exchange Commission (SEC), Dr Lamido Yuguda, at the weekend vowed to implement strict enforcement regime and a zero tolerance regime on infractions as the new management at Nigeria’s apex capital market regulatory body seeks to improve investors’ confidence and experience in the market.

The Commission will also develop and implement strategies to make transaction process at the market simpler and flexible without compromising the integrity of the process.

Addressing his first media briefing after presiding over the first virtual meeting of the Capital Market Committee (CMC), Yuguda said the Commission would work with stakeholders to address the recurring problem of unclaimed dividend, assuring that the Commission will soon release a statement soon on unclaimed dividend.

He said his administration would emplace zero tolerance for infractions as cornerstone of its investors’ protection, noting that increased investors’ confidence and experience will lead to greater inflow of domestic funds into the capital market.

“We need to restore investor confidence and attract the retail and young investor into the market. Thus, we will ensure strict enforcement of our rules and regulations, strengthen our enforcement regime and clamp down on illegal operators luring unsuspecting investors with various Ponzi schemes,” Yuguda said.

According to him, to increase the visibility and attractiveness of the capital market, the Commission shall work towards maintaining an environment that is enabled by the appropriate regulatory framework, timely and affordable access to the market, zero tolerance for infractions, heightened investor confidence and awareness, innovative product development and good governance practices.

He assured that the new management will continue to implement the ongoing initiatives of the Nigerian Capital Market Master Plan and other related initiatives targeted at developing the capital market, noting that the new management will continuously seek ways of improving existing initiatives while introducing new ones, all to the benefit of market stakeholders.

He said the Commission would also lead discussions on the most appropriate ways to increase pension funds’ investments in the capital market.

He commended the resilience of the market and operators, pointing out that the continuous operation of the capital market during this challenging period of COVID-19 pandemic was largely due to the existence of business continuity plans of SEC, the Exchanges, Central Securities Clearing System (CSCS) as well as other operators in the market.

“One thing that was also emphasised at the meeting is the need for collaboration among market stakeholders to have a capital market of our dreams.

‘’The Commission is open to engagements with stakeholders that will foster new partnerships and strengthen our commitments towards the development and transformation of the capital market,” Yuguda said.

He outlined that his administration would remove complications and loopholes that tend to make the process of buying and selling as well as raising funds through the market cumbersome and sometimes frustrating.

He said the Commission would work with the government to create an enabling environment that allows the capital market to play its roles as the fulcrum of economic development.

The Minister of Communications and Digital Economy, Dr Isa Ali Pantami, at the weekend said he has written to President Muhammadu Buhari over the Stamp Duty dispute between the Nigerian Postal Service (NIPOST), a subsidiary of his ministry, and the Federal Inland Revenue Service (FIRS) to draw the President’s attention to a glaring act of injustice being perpetrated by the FIRS against NIPOST. Fielding reporters’ questions at a media briefing in Abuja, to mark his one year in office, the minister said the controversy was needlessly contrived to undermine the mandate of NIPOST.

“On the issue of Stamp Duty between NIPOST and FIRS, I have engaged the Minister of finance on that issue.

I went to her office twice, and I have written a letter to that effect to the minister, I have written to my boss, Mr President around December and I sent another one around January or February.

“I think it is an official issue and I think it has to be treated as such, and so because of this, I do not want to open another chapter of controversy.

Total Exploration and Production Nigeria Limited has expressed concerns over what it described as the continuous depletion of Nigeria’s oil and gas reserves.

The multinational stressed that the situation portends serious danger to the nation’s future economic sustainability.

The Managing Director of Total E&P Nigeria, Mr. Mike Sangster, said this while delivering a keynote address during a recent virtual Technical Session of the Nigerian Association of Petroleum Explorationists (NAPE).

NAPE had in October last year warned that the reduction in hydrocarbon exploration and steady depletion of the oil and gas reserves would drive Nigeria into “risks of long-term disruption to oil and gas supplies, power generation, collapse of industries and significant loss of revenue”.

Sangster, however, attributed the oil reserves’ depletion to uncertain fiscal and regulatory regimes, policies that make new investments unattractive and uncompetitive, and low oil prices, amongst others.

“As a body of explorationists, you, like every keen observer of the industry, should be concerned that as we deplete our oil and gas reserves as a nation, there are no proportionate exploration activities to ensure long term sustainability and replenishment of the resource that accounts for more than 90 per cent of the country’s foreign exchange earnings.

“Combination of factors which include uncertain fiscal and regulatory regimes, policies that make new investments unattractive and uncompetitive, low oil prices, etc, are easily to blame for this development,” Sangster said.

He said Total, as a key stakeholder in the Nigerian oil and gas industry, was prepared to work with the government, partners, and other stakeholders to address the bottlenecks to new exploration investments.

According to him, “I expect this session to also focus on these issues, even if this is not the topic of today’s technical meeting.”

Sangster reiterated the oil major’s commitment to continue supporting Nigeria always, particularly in this time of COVID-19 pandemic.

He said: “We are all aware of the raging COVID-19 pandemic which has held the world hostage for several months now. The adverse effect on lives and businesses, especially the oil and gas industry cannot be overemphasised.

“Total rose to the clarion call of the federal government along with its partners, led by the Nigerian National Petroleum Corporation (NNPC), by contributing to a donation of N21 billion in support of the federal government’s COVID-19 efforts.

“Total’s contribution was $3.2million (N1.2billion). The company also supported the Lagos State Government with critical supplies and medical equipment. In Rivers State, we reached out to our stakeholders by providing medical supplies and support for our host communities and the state government.”

He disclosed that their downstream company, Total Nigeria Plc, donated N50million as part of a combined contribution from the Major Oil Marketers Association of Nigeria (MOMAN), under the auspices of the NNPC and provided the Lagos State Government with fuel for logistical support during the pandemic,” he said.

He said Nigeria remains crucial to the Total Group, as the country accounts for around 10 per cent of its equity production, explaining that Total has also invested approximately $10billion in the country in recent years.

Following the order of Justice C.J. Aneke of the Federal High Court, Lagos division, the Asset Management Corporation of Nigeria (AMCON) has taken over assets belonging to Mr. Joshua Abiodun Faleye, the chief promoter of Jabfal Enterprises Limited, over an indebtedness of over N440million.

According to a statement by AMCON, in total compliance to the order and having met all other due processes for an effective enforcement, the corporation before the weekend took effective possession of two properties through its receiver, Benson Reeds Legal Practitioners.

The assets which the government agency took over included properties situate at Plot 9, Block XIV Okuta Elerinla Residential Estate, Akure, Ondo State, and Plot 3, Block IV, Residential Layout, Okuta Elerinda, Akure in Ondo State.

The case between AMCON and Jabfal Enterprises Limited and its promoter has been a protracted litigation issue since the loan was taken during the first and second phases of Eligible Bank Assets (EBAs) purchase from Unity Bank Plc and Intercontinental Bank (now Access Bank Plc) almost 10 years ago.

Since then, AMCON has offered the obligor a good measure of olive branches and explored all avenues to resolve the matter amicably, but the obligor, and his company, Jabfal Enterprises Limited, have remained recalcitrant and unwilling to repay the huge debt to the corporation.

Confirming that AMCON had enforced on the assets in line with the order of the court, Head of Corporate Communications Department, AMCON, Jude Nwauzor, said: “Yes, we enforced on the properties as ordered by the court.”

Providing more insight into the case, Nwauzor said in securing the credit facilities (the term loan and overdraft), the respondents had pledged as securities the properties belonging to Mr. Joshua Abiodun Faleye and executed deeds of legal mortgages in that regard.

According to the statement, sometime in 2010, AMCON, by virtue of a loan purchase and limited service agreement effective on December 31, 2010, was assigned the absolute rights, title, interest, benefits arising and connected with the term loan and overdraft due for the debtors to pay having become due and payable, and they (Jabfal and its promoters) failed, neglected and refused to pay the debt to AMCON.

The AMCON spokesperson said despite their failure to pay the outstanding balance on the term loan and overdraft of N290, 255, 896.77 and N126, 485, 340.27 respectively, the debtors were still in possession of the properties used as collateral for the credit facilities until Justice Aneke’s order, which has made it possible for AMCON to take over the assets.

DEPUTY Senate President Ovie Omo-Agege has urged the Federal Government to shelve alleged plans to scrap the Presidential Amnesty Programme (PAP).

He called on Niger Delta people to hold their leaders accountable.

Omo-Agege spoke in Abuja at the weekend when a socio-political organisation, New Era Forum, visited him.

A statement by his media aide, Yomi Odunuga, described alleged moves to scrap the programme as premature, ill-timed and capable of truncating the fragile peace in the region.

The statement reads: “I don’t think the timing is right for the Amnesty Programme to be scrapped. We have challenges right now in the Northeast, the ravages of Boko Haram, banditry in Northwest and Northcentral.

“These are enough challenges. I don’t believe this is the time to reawaken the militant agitation in Niger Delta; it is premature and ill-timed.

“That is not to say this programme must stay in perpetuity. But I don’t believe the goals set have been completely achieved.”

Omo-Agege also urged the people to hold their leaders to account.

According to him, leaders in Niger Delta have failed in utilising funds released for the region’s development.

“I have been privy to all budgetary estimates that were passed in the eighth and in ninth Assembly. All that we are entitled to as a region has been given to us, but we have failed Mr. President because we have not held those entrusted with the resources accountable.

“It is left for us to ask questions on how funds released for our region’s development have been utilised. It is left for us to identify the projects that we believe will best meet our people’s needs…”

Group leader Sunday Onyewonsa called for a security summit to fashion out solutions to challenges facing the region.

He stressed the need to declare a state of emergency on Niger Delta roads.

Onyewonsa called on Omo-Agege to prevail on the Federal Government not to scrap Amnesty, saying it should rather be overhauled to run till end of the administration.

The Senate Minority Leader, Senator Enyinnaya Abaribe, has described the recent closure of hundreds of shops belonging to Nigerians in Ghana by the Ghanaian authorities as a clear case of official endorsement of xenophobia.

Abaribe, in a press release that was issued yesterday by his Spokesman, Mr. Uchenna Awom, stated that the latest acts against Nigerian traders in Ghana were also criminal and very disturbing.

He said that Ghana’s action against nationals of other countries, particularly Nigerians, points to state endorsement of xenophobic attacks.

“The authorities in that country needs to prove us wrong by putting a halt to further closure of the shops and attacks on Nigerians in compliance to the Economic Community of West African Countries (ECOWAS) protocol,” he said.

According to him, the latest actions of the Ghanaian government called to question their real intentions towards Nigeria and Nigerians, despite the fact that Nigeria had through her Foreign Affairs Minister, reached an agreement with Ghana Investment Promotion Council on this matter.

“And now they are reopening the matter. So, what has changed? Nigeria, I believe, has done her best in the promotion of good neighbourlines. It is now Ghana’s turn to reciprocate and allow our people in that country to carry out their legitimate businesses unhindered,” Abaribe stated.

He described Ghana’s recent regulations, which stipulated that retail trade is the exclusive preserve of Ghanaians, as a willful denigration of sub-regional brotherhood and one that is in clear conflict with ECOWAS protocol.

“So, what’s the point having a economic community if at the end of the day each country resolves to make laws and regulations that are in contradiction with the binding protocol. This is quite absurd as it negates the spirit that propelled the formation of ECOWAS in the first place”, Abaribe added.

The ranking senator urged the ECOWAS secretariat to brace up and come clear in the prevailing circumstances in order to address the member-country’s behaviour and it’s far reaching implications in its protocol, particularly the issue of free trade and movement among the peoples of the West African sub-region.

By Olayinka Abdurrazzaq

The rule of law and democracy has become the major features of any civilised society, without which anarchy and tyrant may delve in which can call for unrest and distruption of a nation.

In Nigeria, the problem of law is lesser than that of convention. It has gotten to the extent that law is no more in active where the convention is acting. The illustration is the exact of what is happening in Nigeria and it is really affecting the practice of democracy.

Convetion and Law are two different things. Convention should be passive where the law is active. But it is pathetic that the reverse is the case in the country of ours. The fear of not violating a non-enforceable convention has made us dust the face of law which its enforcement is beyond a doubt.

This system has become rampant in Nigeria. If the grundnorm (Constitution) is not saved from the punishment of convention, what will be that of NBA Constitution? The one that receives its validity from the grund norm.

Though there is no provision in the NBA Constitution which provides that an NBA’s president must a SAN, yet the convention and custom that NBA’s president must be a SAN has made us forget the settled provision of constitution that provides for universal suffrage for almost 30 years.

The victory of Akpata is not only a victory but a memorable history. His victory can be likened to that of President Buhari, who defeated a party rulling for 16 years of unprecedented. NBA has been rulling for thirty years by SANs. Change has now come to reset the long time history and set new goals for the young lawyers.

This result represents a sudden change in the order, as Akpata is  the first non-SAN to lead the Nigerian Bar Association in years. Jubilations and rejoice from members of the NBA indicate that there has been a long-standing hunger for a paradigm shift. And now it appears many of the association’s members have a good reason to be excited.

Congratulations, dear boss. I wish you an outstanding success in this assidous task you are about to head. May God lead you through to have a breakthrough administration. Once again, congratulations Olumide Akpata. Esq, the new elected President of the NBA.

• Olayinka Abdurrazzaq is a 300 level law student, University of Ilorin/ Writer.

A Senior Advocate of Nigeria (SAN), Mr Chinonye Obiagwu, believes it is unnecessary for the Nigerian Bar Association (NBA) to apologise to Kaduna State Governor, Nasir El-Rufai, after he was disinvited as a speaker in one of the panel sessions at the lawyers’ conference.

Obiagwu, who is also a member of the NBA National Executive Council (NEC), stated this during his appearance on Channels Television’s Sunday Politics.

In addition to this, he recommended that the Attorney General of the Federation (AGF) and Minister of Justice and some other government officials should be barred from attending the event.

“I must say that the apology of the present NBA is completely unnecessary because NEC has taken a decision; making an apology does not arise at all,” the senior lawyer said.

He added, “I will have gone further to disinvite people like the Attorney General of the Federation because we have on record more than 50 orders of the court that have been disobeyed by this government and how will you get the Attorney General of that nation to come to NBA conference; the Attorney-General that says national security takes precedence over the rule of law and human rights.”

According to Obiagwu, NBA is a pressure group and the motto of the association is to promote the rule of law.

He explained that the NEC did not just disinvite Governor El-Rufai because of the killings in Southern Kaduna, but the decision was taken also because of his alleged consistent disobedience to court orders.

The legal practitioner insisted that it was the right step to take, stressing that NBA should not allow in its fold, any government official that consistently disobeys court orders.

On the lingering crisis that has claimed many lives in Southern Kaduna, he stressed that the basis for disinviting the governor was ‘very substantial’.

He stated that the situation could be considered as genocide, wondering why the government, in its second term, and “has done little or nothing to curtail the killings”.

Obiagwu said, “We don’t have records of people who have been properly investigated or prosecuted for huge, massive, and systematic massacre going on in Southern Kaduna.”

“It is very appalling that a village will be razed down in a state where a Chief Executive is the Chief Executive Officer and we don’t see the concerted effort, a commitment to bringing to justice those responsible for those massacres.

“So, how will NBA, as a pressure group, justify bringing a Chief Executive that has taken no stand?” he questioned.

Culled from ChannelsTv