Some personnel of the Federal Road Safety Corps traveling from Sokoto and Kebbi States Command of the Corps for a training programme at FRSC Academy, Udi were reportedly attacked by Bandits/Kidnappers at Udege junction, along Mararaban-Udege between Adoka, Nasarawa state today Monday 14th September, 2020 at about 8am . The Officers totalling 26 in number were travelling in two buses.

According to the FRSC Corps Public Education Officer, Assistant Corps Marshal Bisi Kazeem, one of the Officers in the vehicle conveying the staff of the Corps reportedly died during the attack while another officer died in the hospital and four others were injured, 8 escaped unhurt, ten unaccounted for as they were allegedly kidnapped by the assailants.

The Corps Public Education Officer noted that the Corps Marshal, Dr. Boboye Oyeyemi, has immediately reported the incident to relevant authorities for prompt rescue of the kidnapped staff while investigations to ensure that the assailants are brought to book is ongoing.

Kazeem noted that the Corps Marshal has called on all staff of the Corps not to be deterred by this unfortunate incident. He assured that the Corps will work closely with relevant security to ensure that the criminal elements are brought to book and justice is served while the missing personnel are found

Human rights lawyer and Senior Advocate of Nigeria Femi Falana has petitioned the African Commission on Human and Peoples’ Rights in Banjul, The Gambia over the death sentence on Kano singer Sharif Yahya Sharif.

Falana is asking the Commission to exercise its mandates and authority under the African Charter on Human and Peoples’ Rights and pursuant to the commission’s order 100(1) of the commission’s Rules of Procedure, 2020.

Falana in the petition dated 8 September 2020, states: “I am writing to you on behalf of Sharif Yahya Sharif to ask the Commission to consider this request for provisional measures. The request is submitted in conjunction with our communication on behalf of Sharif Yahya Sharif convicted and sentenced to death for blasphemy in Kano State of Nigeria.”

The petition reads in part: “Our communication details multiple violations of his right to life and fair trial rights guaranteed under the African Charter on Human and Peoples’ Rights, and resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the Third Committee of the UN General Assembly.”

“We respectfully submit that the Commission should urgently invoke its rules of procedure and its mandates and authority under the African Charter on Human and Peoples’ Rights to request that Nigeria adopt these provisional measures in order to stop the irreparable damage that would be caused to the petitioner and his Charter rights.”

“The petitioner is a Nigerian citizen, who has been found guilty of the offence of blasphemy against Prophet Mohammed (PBUH) contrary to section 382 (B) of the Kano State Shari’a Penal Code Law 2000 (which carries death sentence), and convicted.”

“Despite their obligations under the African Charter on Human and Peoples’ Rights and other international treaties to which Nigeria is a state party, the Nigerian authorities continue to violate the fair trial and other rights of the petitioner, and put him at risk of imminent execution.”

“In particular, there are serious, persistent and irreparable violations of the petitioner’s rights to life; and to fair trials, including to competent and effective legal representation.”

“According to our information, on August 10, the Upper Sharia Court sitting in Kano, Kano State convicted Sharif Yahaya Sharif of blasphemy and sentenced him to death by hanging. The request for a certified true copy of the judgment of the Court was also not granted on time.”

“When the petitioner informed the Court that he could not afford and secure the services of a Lawyer to defend him, the Court ordered the Legal Aid Council to assign him a Lawyer so that the petitioner could enjoy access to legal representation. However, the order was disobeyed by the Legal Aid Council. The Legal Aid Council is the body established by law to provide legal support to indigent citizens especially in cases involving death penalty.”

“An appeal at the Kano State High Court against the conviction and death sentence imposed on the petitioner has been filed, but we submit that the petitioner will not enjoy a fair hearing, as he continues to face imminent execution by hanging. The petitioner is currently held incommunicado and without access to the outside world, including his lawyers.”

“The petitioner is at risk of imminent execution. Nigeria is a state party to the African Charter on Human and Peoples’ Rights but there is growing crackdown on human rights including the rights to freedom of expression, peaceful assembly, and attack on the rule of law and independence of the judiciary in Nigeria. As a result, human rights continue to be violated with impunity.”

“The right to a fair trial including to legal representation is a fundamental safeguard to assure that individuals are not unjustly punished. It is indispensable for the protection of other human rights such as the right to freedom from torture and the right to life. However, when people are subjected to unfair trials, justice cannot be served.”

“The petitioner contends that he has been deprived of his liberty and other fair trial rights and his right to life may be irreparably violated. Like the African Charter, Article 6 of the International Covenant on Civil and Political Rights (CCPR), which Nigeria has also ratified, provides that no one shall be arbitrarily deprived of his life. The word “arbitrarily” here means both ‘illegally’ and ‘unjustly’.”

“Furthermore, the African Commission on Human and Peoples’ Rights at its 44th Ordinary Session in Abuja, Nigeria, in November 2008 adopted a resolution calling on African States, including Nigeria, that still retain the death penalty to observe a moratorium on the execution of death sentences with a view to abolishing the death penalty.”

“For the above reasons, the petitioner considers that the application of the death penalty in his case will be illegal and unjust. The petitioner considers supervening factors such as those highlighted above to be sufficient grounds for setting aside the death sentences imposed on him.”

“Prisoners are not denuded of their rights by mere conviction. If carried out, the death sentence on the petitioner would amount to inhuman or degrading treatment. The petitioner has been deprived of his liberty and other fair trial rights and unless the African Commission urgently intervenes, his right to life may be irreparably violated.”

“The petitioner considers that the application of the death penalty in the case of Sharif Yahya Sharif will be illegal and unjust. We consider supervening factors such as those highlighted above to be sufficient grounds for setting aside the death sentences imposed on the petitioner.”

“Given the climate of persistent human rights violations in Nigeria and the impunity of perpetrators, the urgent intervention by the African Commission is required to protect the petitioner against irreparable damage.”

Falana is therefore asking the Commission to find that Nigeria:

By virtue of its consistent denial of fair trial and other rights of Nigerians, find that Nigeria has violated Articles 1, 2, 3, 4, 5, 6, and 7 of the Charter;

By virtue of the decision to execute the petitioner, find that Nigeria has violated his right to life under Article 4 of the African Charter, and the resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the UN General Assembly.

Find that Nigeria has deliberately and wilfully disregarded the request by the African Commission to the effect that African countries, including Nigeria that still retain the death penalty should fully comply with their obligations under the African Charter on Human and Peoples’ Rights, and guarantee to every person accused of crimes for which capital punishment is applicable, fair trial standards, including access to legal representation.

Ask Nigeria to immediately and unconditionally release the petitioner who is facing imminent execution simply for exercising his human rights, and to pay appropriate compensation to the petitioner for the multiple violations of his Charter rights and freedoms.

Ask Nigeria to faithfully and fully implement resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the Third Committee of the UN General Assembly.

Provisional Measure No. 1: Immediately remove the petitioner from imminent execution or any risk of execution, and fully accord the petitioner his fair trial and other human rights, pending this Commission’s decision. Unless the African Commission urgently intervenes in this case, there is a risk of irreversible denial of the petitioner’s rights, which in turn will render nugatory the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly.

Provisional Measure No. 2: Give assurances that the petitioner facing imminent execution will not be executed.

The Nigerian authorities should also give assurances that they will fully implement the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly.

Provisional Measure No. 3: Impartially, independently and transparently investigate whether the petitioner received fair trial and other international human rights guarantees applicable to his situation. Pending the government’s fulfilling this important responsibility, the Commission’s urgent intervention is required to ensure that the petitioner’s rights to life and fair trial are not unjustly and illegally violated.

Provisional Measure No. 4: Undertake a prompt review of its legal framework and administrative practices on the use of the death penalty to ensure their consistency with the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly

Meanwhile, Chairperson of the African Commission Dr Solomon Ayele Dersoo has confirmed that the commission is now considering the petition. In his response to the petition yesterday, Dr Dersoo stated that, “Your petition and request are well received. The Secretariat will take steps for following up on this as per the Rules of Procedure of the Commission without prejudice to other steps already in motion.”

Abuja (Sundiata Post) – Human rights lawyer and Senior Advocate of Nigeria Femi Falana has petitioned the African Commission on Human and Peoples’ Rights in Banjul, The Gambia over the death sentence on Kano singer Sharif Yahya Sharif.

Falana is asking the Commission to exercise its mandates and authority under the African Charter on Human and Peoples’ Rights and pursuant to the commission’s order 100(1) of the commission’s Rules of Procedure, 2020.

Falana in the petition dated 8 September 2020, states: “I am writing to you on behalf of Sharif Yahya Sharif to ask the Commission to consider this request for provisional measures. The request is submitted in conjunction with our communication on behalf of Sharif Yahya Sharif convicted and sentenced to death for blasphemy in Kano State of Nigeria.”

The petition reads in part: “Our communication details multiple violations of his right to life and fair trial rights guaranteed under the African Charter on Human and Peoples’ Rights, and resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the Third Committee of the UN General Assembly.”

“We respectfully submit that the Commission should urgently invoke its rules of procedure and its mandates and authority under the African Charter on Human and Peoples’ Rights to request that Nigeria adopt these provisional measures in order to stop the irreparable damage that would be caused to the petitioner and his Charter rights.”

“The petitioner is a Nigerian citizen, who has been found guilty of the offence of blasphemy against Prophet Mohammed (PBUH) contrary to section 382 (B) of the Kano State Shari’a Penal Code Law 2000 (which carries death sentence), and convicted.”

“Despite their obligations under the African Charter on Human and Peoples’ Rights and other international treaties to which Nigeria is a state party, the Nigerian authorities continue to violate the fair trial and other rights of the petitioner, and put him at risk of imminent execution.”

“In particular, there are serious, persistent and irreparable violations of the petitioner’s rights to life; and to fair trials, including to competent and effective legal representation.”

“According to our information, on August 10, the Upper Sharia Court sitting in Kano, Kano State convicted Sharif Yahaya Sharif of blasphemy and sentenced him to death by hanging. The request for a certified true copy of the judgment of the Court was also not granted on time.”

“When the petitioner informed the Court that he could not afford and secure the services of a Lawyer to defend him, the Court ordered the Legal Aid Council to assign him a Lawyer so that the petitioner could enjoy access to legal representation. However, the order was disobeyed by the Legal Aid Council. The Legal Aid Council is the body established by law to provide legal support to indigent citizens especially in cases involving death penalty.”

“An appeal at the Kano State High Court against the conviction and death sentence imposed on the petitioner has been filed, but we submit that the petitioner will not enjoy a fair hearing, as he continues to face imminent execution by hanging. The petitioner is currently held incommunicado and without access to the outside world, including his lawyers.”

“The petitioner is at risk of imminent execution. Nigeria is a state party to the African Charter on Human and Peoples’ Rights but there is growing crackdown on human rights including the rights to freedom of expression, peaceful assembly, and attack on the rule of law and independence of the judiciary in Nigeria. As a result, human rights continue to be violated with impunity.”

“The right to a fair trial including to legal representation is a fundamental safeguard to assure that individuals are not unjustly punished. It is indispensable for the protection of other human rights such as the right to freedom from torture and the right to life. However, when people are subjected to unfair trials, justice cannot be served.”

“The petitioner contends that he has been deprived of his liberty and other fair trial rights and his right to life may be irreparably violated. Like the African Charter, Article 6 of the International Covenant on Civil and Political Rights (CCPR), which Nigeria has also ratified, provides that no one shall be arbitrarily deprived of his life. The word “arbitrarily” here means both ‘illegally’ and ‘unjustly’.”

“Furthermore, the African Commission on Human and Peoples’ Rights at its 44th Ordinary Session in Abuja, Nigeria, in November 2008 adopted a resolution calling on African States, including Nigeria, that still retain the death penalty to observe a moratorium on the execution of death sentences with a view to abolishing the death penalty.”

“For the above reasons, the petitioner considers that the application of the death penalty in his case will be illegal and unjust. The petitioner considers supervening factors such as those highlighted above to be sufficient grounds for setting aside the death sentences imposed on him.”

“Prisoners are not denuded of their rights by mere conviction. If carried out, the death sentence on the petitioner would amount to inhuman or degrading treatment. The petitioner has been deprived of his liberty and other fair trial rights and unless the African Commission urgently intervenes, his right to life may be irreparably violated.”

“The petitioner considers that the application of the death penalty in the case of Sharif Yahya Sharif will be illegal and unjust. We consider supervening factors such as those highlighted above to be sufficient grounds for setting aside the death sentences imposed on the petitioner.”

“Given the climate of persistent human rights violations in Nigeria and the impunity of perpetrators, the urgent intervention by the African Commission is required to protect the petitioner against irreparable damage.”

Falana is therefore asking the Commission to find that Nigeria:

By virtue of its consistent denial of fair trial and other rights of Nigerians, find that Nigeria has violated Articles 1, 2, 3, 4, 5, 6, and 7 of the Charter;

By virtue of the decision to execute the petitioner, find that Nigeria has violated his right to life under Article 4 of the African Charter, and the resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the UN General Assembly.

Find that Nigeria has deliberately and wilfully disregarded the request by the African Commission to the effect that African countries, including Nigeria that still retain the death penalty should fully comply with their obligations under the African Charter on Human and Peoples’ Rights, and guarantee to every person accused of crimes for which capital punishment is applicable, fair trial standards, including access to legal representation.

Ask Nigeria to immediately and unconditionally release the petitioner who is facing imminent execution simply for exercising his human rights, and to pay appropriate compensation to the petitioner for the multiple violations of his Charter rights and freedoms.

Ask Nigeria to faithfully and fully implement resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the Third Committee of the UN General Assembly.

Provisional Measure No. 1: Immediately remove the petitioner from imminent execution or any risk of execution, and fully accord the petitioner his fair trial and other human rights, pending this Commission’s decision. Unless the African Commission urgently intervenes in this case, there is a risk of irreversible denial of the petitioner’s rights, which in turn will render nugatory the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly.

Provisional Measure No. 2: Give assurances that the petitioner facing imminent execution will not be executed.

The Nigerian authorities should also give assurances that they will fully implement the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly.

Provisional Measure No. 3: Impartially, independently and transparently investigate whether the petitioner received fair trial and other international human rights guarantees applicable to his situation. Pending the government’s fulfilling this important responsibility, the Commission’s urgent intervention is required to ensure that the petitioner’s rights to life and fair trial are not unjustly and illegally violated.

Provisional Measure No. 4: Undertake a prompt review of its legal framework and administrative practices on the use of the death penalty to ensure their consistency with the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly

Meanwhile, Chairperson of the African Commission Dr Solomon Ayele Dersoo has confirmed that the commission is now considering the petition. In his response to the petition yesterday, Dr Dersoo stated that, “Your petition and request are well received. The Secretariat will take steps for following up on this as per the Rules of Procedure of the Commission without prejudice to other steps already in motion.” sundiatapost

Residents of Alapere area of Lagos on Saturday recorded another tragedy as two yet-to-be-identified children were swept away as people battled flood after a downpour that lasted for hours and submerged many parts of the area.

The incident occurred at about 8:00pm at Oyebanjo Street, Ketu.

While the rain forced some residents to stay indoors, a few others suffered personal tragedies as the downpour and flooding led to destruction of properties.

The Lagos State Emergency Management Agency in a situation report on Sunday said a search operation was ongoing to find the missing children.

LASEMA’s Director-General and Chief Executive Officer, Dr Olufemi Oke-Osanyintolu, noted that it was discovered that the children were missing around 8:00pm on Saturday.

He said, “The agency received distress calls concerning the above. On arrival at the scene of the incident it was discovered that, around 8:00pm, two children had been caught up by floodwater.

“A joint team of responders comprising agency responders, LASG Fire Service and LASAMBUS was at the scene.

“The agency’s tiger team commenced a search and rescue operation along the path of the floodwater.

“Initial observations revealed a sloping topography with a direct channel of drain water into the canal. This has proven to be rather challenging to navigate. Rescue operation remains ongoing.”

Federal government agencies in the Presidency have held consultations for the 2021 budget, as the rush continues to meet the deadline to get budget proposals from President Muhammadu Buhari to the National Assembly this month.

The frenzy is on to get the financial proposals to the federal lawmakers, who beat their own record last year to get out the Appropriation Bill out of the Assembly for Buhari’s signature before the beginning of 2020. This effectively re-introduced the traditional January to December financial year into the polity.

The National Assembly gloated over the feat, but the unexpected entry of Covid-19 dampened spirits as all calculations were upturned, and Nigeria, like other countries of the world, resorted to ingenious measures to stay afloat.

Whether the 2020 Budget was of any tangible benefits is a matter of contention among economists, but the Permanent Secretary, State House, Mr Tijjani Umar, led the 2021 budget bilateral meeting between Government Agencies under the Presidency and officials of the Federal Ministry of Finance, Budget and National Planning.

The virtual meeting took place on Saturday, September 12, 2020, at the conference room of the State House administrative block.

It was attended by Chief Executives and key budget, finance and accounts staff of the Bureau of Public Enterprises (BPE), Bureau of Public Procurement (BPP) Nigeria Extractive Industries Transparency Initiative (NEITI), National Institute of Policy and Strategic Studies (NIPSS), Nigerian Financial Intelligence Unit (NFIU), National Agricultural Land Development Authority (NALDA) and the Economic and Financial Crimes Commission (EFCC).

According to the State House Permanent Secretary, “the preparation of the 2021 budget estimates takes into consideration the policies and strategies contained in the 2021-2023 Medium Term Expenditure Framework and Fiscal Strategy Paper (MTEF/FSP), which is the Federal Government pre-budget statement.”

Umar also explained that in line with the directive issued by the Ministry of Finance, Budget and National Planning, the annual budget is being prepared using the Zero-Based Budget (ZBB) approach and in compliance with the government’s policy thrust as articulated in the MTEF/FSP and Nigeria Economic Sustainability Plan (NESP).  

Citing a September 1, 2020 circular issued by the Minister of Finance, Budget and National Planning, Dr Zainab Ahmed, the Permanent Secretary, State House, said MDAs have been directed to work assiduously to conclude the budget bilateral meetings as scheduled in order to get the 2021 budget ready for transmission to the National Assembly (NASS) by President Muhammadu Buhari this month.

The latest  budget circular issued by the Ministry of Finance, Budget and National Planning put the expenditure ceiling of the 2021 pre-bilateral proposal for the Presidency at N10 billion compared with N15.3 billion of the revised 2020 budget passed by the National Assembly. Everyday

The attacks on former President Olusegun Obasanjo just continue from government and All Progressives Congress (APC) and its members. This time, the Presidency says he is divider-in-chief.

President Muhammadu Buhari’s spokesman, Mr. Garba Shehu, spoke his master’s mind. His words: “In his most recent statement former President Olusegun Obasanjo attempts to divide the nation while President Muhammadu Buhari continues to promote nation building and the unity of Nigeria.

“The difference is clear. From the lofty heights of Commander-in-Chief, General Obasanjo has descended to the lowly level of Divider-in-Chief (to adapt the coinage of Time).

“Before responding further to the unfair attacks on President Buhari and his administration by the former President, it is important that we categorically state that contrary to the assertions by a few analysts, the recent speech in which President Buhari advised West African Presidents against tenure elongation beyond constitutional limits has been consistent with his long held views on the need to adhere to the rule of law.

“Even though he tried it and failed, the recent uptick in the number of such leaders proposing to do, or actually carrying on in office beyond term limits is sufficient to cause concern among democrats in the sub-region given its prospects of destabilizing the states and the region.

“President Buhari’s advocacy is consistent with his principles and in line with the current policies of his administration and indeed that of the ECOWAS Charter which is that term limits must be respected and that the change of government is only permissible through the ballot box.

“Having cleared this misperception, we hope that Chief Obasanjo would once again sheath the sword and rest the pretentiousness about the Messiah that has (mis)led him to pronounce often wrongly, as he disastrously did in the 2019 elections, about the life and death of Nigerian governments.

“As some commentators are already suggesting, Chief Obasanjo should, in accordance with his mantra as a statesman, get involved with problems solving, when and where they exist instead of helping the mushrooming of a poisonous atmosphere of ethnic and religious nationalism.

“Surely, he must have disappointed many of his local and foreign admirers by showering commendations on a few extremist groups who have vowed to shun the invitation to the National Assembly to participate in the process of constitutional amendment.

“No doubt, he must have left those admirers confused in announcing the support for the boycott of a democratic process of changing the constitution, at the same time calling for dialogue and engagement.

“The fact that the process he ushered in under his administration with the dubious intention of amendments that sought tenure elongation failed-as did two other attempts by the successor administrations of the same political party- does not in any way justify his dismissal of the exercise by the 9th Assembly as a another waste of time and resources.

“To the credit of the All Progressives Congress-led 8th Assembly, the process of constitutional amendment was kickstarted and carried through, paving the way for, among other benefits, the financial independence of local government councils, States Houses of Assembly and the country’s Judiciary. These changes have already been signed into laws by the President as mandated by the constitution.

“The recent decisions by the administration as they relate to subsidy withdrawal, helping to plug some of the most horrendous notorious holes and release of scarce resources for the more pressing needs of the people has also not escaped the ire of the former president.

“It’s a known fact that the withdrawal of subsidies had been on the wish list of the Obasanjo-led Peoples Democratic Party, PDP. They failed in achieving these measures because, one there was a shared greed. They plundered the treasury as much as anyone could in the name of either subsidy or waiver with reckless impunity.

“Two, is to say it takes courage and rare statesmanship on the part of a leader to do as President Buhari to shun populism and seek the best interest of the people and the state, providing the kind of reform and development that Nigeria urgently needs.

“This President has run an administration focused on infrastructure and development. He has repaired our damaged relations with neighbours and our traditional allies such as the UK, US, China, Russia, France, Germany, Saudi Arabia and the others with lots of benefits to the country.

“It is a pro-business administration that has used diplomacy to unlock bilateral trade and investment.

“He leads a government that has liberalized the investment climate and market access by achieving reforms that have placed the country in the list of the world’s top reforming economies.

“Nigeria, which other nations had mocked and ridiculed for so many things that were wrong is today progressing at a pace reflecting its size and potential.

“With so much to show and many more coming, it is little surprise that President Buhari would be the object of envy and harsh unfair challenges by politicians who failed to deliver, but continue to nurse ambitions of delighting the audience long after their curtain has been drawn.” Everyday

The police authorities in Rivers have arrested a suspected kidnapper said to be the most wanted in the state, Honest Digbara, popularly known as Bobisky.

Bobisky, said to have come from Nwidera, Gokana Local Government Area was nabbed at Korokoro community in Khana Local Government where he was hiding with his gang members.

This was confirmed on Saturday by the Commissioner of Police, Joseph Mukan, at the state police headquarters in Port Harcourt.

The police boss said the arrest of the criminal followed credible information by members of the public.

To Mukan, Bobisky and his gang members were responsible for the kidnapping and killing of one Barrister Emelogu after collecting ransom.

He also blamed the group for the killing of a Divisional Police Officer in Afam Division, Moses Egbede, killing of a civil defence at Glo pipeline, the kidnap and killing of Chief Mbu of Ogu/Bolo after collecting N7million as ransom among others.

“This suspect is responsible for most of the criminal activities in the state. He was responsible for the kidnap of Barrister Emelogu who was killed after collecting ransom, he is also responsible for the killing of a Divisional Crime Officer Afam Division, SP Moses Egbede, as well as the killing of a soldier and personnel of Civil Defence at Gio pipeline in Ogoni last year, killing of two Policemen at a Federal Highway at Botem among others,” he said.

Although the suspect was arrested alive, a Channels Television correspondent observed that several gunshots could not penetrate his body.

Also, several attempts made by Bobisky to disappear was resisted by the police. The suspect, however, died from matchet cuts.

Sequel to his arrest, Governor Nyesom Wike had earlier placed a N30 million bounty on Bobisky’s head, saying he will reward any member of the public who can provide useful information that will lead to the arrest of the criminal.

Thenigerialawyer

* SAY 2007 RPC WAS APPROVED BY BAR COUNCIL

BY EMEKA NWADIOKE

The controversy trailing amendment of the Rules of Professional Conduct for Legal Practitioners peaked today with the former Nigerian Bar Association (NBA) president and Chairman of its Board of Trustees, Dr. Olisa Agbakoba (SAN) stating that the 2007 amendment was endorsed by the General Council of the Bar (GCB).

Controversy has trailed the issuance of the 2020 version of the rules by the Attorney-General & Minister of Justice, Mr. Abubakar Malami SAN. While many lawyers said the amendment did not follow due process, as it was not approved by the Bar Council, others disagreed.

The NBA President, Mr. Olumide Akpata in a press statement he personally signed also stated that the bar association does not recognize the new rules, saying that “the NBA maintains that the RPC has not been amended and enjoins all legal practitioners to remain calm and continue to conduct their affairs in the same manner as they did prior to the issuance of the Instrument.”

Endorsing the position of his then Secretary-General, Mr. Rafiu Lawal-Rabana SAN that the 2007 Rules of Professional Conduct were approved by the Bar Council, Agbakoba said on the influential online platform “State of the Bar” that that was the correct position. His words: “Well said my GS, as I was president together with Lawal-Rabana SAN.”

Lawal-Rabana had stated on the platform that though he did not want to join issues on the controversial amendment, “I was the General-Secretary in 2007 when the RPC was drafted and presented to the GCB for approval.”

Continuing, he said: “There was a full meeting of the council and I did the presentation on behalf of the NBA. I emphasize it was not a unilateral document made by Chief Bayo Ojo SAN, the AGF at the material time. (Prof.) Ernest Ojukwu SAN who coordinated the draft can bear witness.”

He however advised the combatants to sheath their swords, saying: “Since the NBA has issued a statement we all should allow the NBA address the issue.”

Former NBA presidential candidate, Prof. Ernest Ojukwu SAN also told CITY LAWYER that 2007 Rules were duly approved by the Bar Council, saying: “The difference between what AGF Malami is purported to have done now and what Chief Bayo Ojo did in 2007 is that there was a Bar Council meeting then that approved the Rules. Olisa Agbakoba and Rabana presented the Rules. Dr. Justice Orojo also attended. I didn’t attend, though I made the draft.”