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NBA In Focus: Agenda For The New Exco

By Ebun-Olu Adegboruwa, SAN

At its National Executive Council (NEC) meeting of 20th August, 2020, the Nigerian Bar Association (NBA) was briefed on efforts made by all stakeholders to resolve the controversies associated with the last election of its national officers, following which the Board of Trustees has since released a statement that seems to have doused all the tensions generated by that election. The new Executive Council (Exco) will be inaugurated this week, to take charge of the affairs of the NBA for the next two years. The expectations are high indeed, given the promises made by the candidates during their electioneering campaigns. The Exco is not entirely new, at least not to NBA matters. The President-elect, Mr. Olumide Akpata, has been the head of the NBA Section on Business Law, he has been part of the organization of NBA Conferences for many years and he has been working in the background with many Excos before him. The General Secretary, Mrs Joyce Oduah, is in history the second female lawyer to be elected into that position, about twenty-nine years after the legendary Mrs. Hariat Balogun. The two Vice-Presidents are officers familiar with the NBA terrain. Mr. Kunle Edun, the activist Welfare Secretary, was in the saddle with Mr. Paul Usoro, SAN, as the Publicity Secretary of the NBA. What this means is that the Exco should hit the ground running, moreso that we are not likely to have the usual luxury of ceremonies and travels that consume the time and resources of leaders, all due to the Coronavirus pandemic. This piece is an attempt to set an agenda for the new Exco, purely as a guide.

By its aims and objectives as stated in its Constitution, the NBA is to be preoccupied with:

1. ‘Maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria;
2. Improvement of the system of administration of justice, its procedures, and the arrangement of court business and regular law reporting;
3. Promotion and protection of the principles of the rule of law and respect for the enforcement of fundamental rights, human rights and people’s rights’.

Of course there are other objectives but I have only highlighted these ones to guide my thoughts on the issues that I consider urgent and germane. The new Exco should prioritize its goals and not fall into the same trap as professional politicians who promise everything but do nothing. It is worth stating that the Motto of the NBA is: ‘Promoting the Rule of Law’. This is similar to the Motto of the Supreme Court of Nigeria, which is captured in the Latin maxim ubi jus ibi remedium, (where there is a right, there is a remedy). The NBA, by its nature and composition, is different from all other professional associations and pressure groups, because it is also an interventionist agency for the protection of the rights of others, beyond its registered members. It cannot but be pro-people, especially the masses and the underprivileged in the society. For this and many reasons, the NBA has become the mouthpiece of the oppressed of the society, the official defender of the judiciary and judicial officers and indeed the conscience of the nation.

Two eminent lawyers and nationalists of old, have given some guides to the new NBA Exco, namely Sir Christopher Alexander Sapara Williams and Pa Tunji Gomez. Sapara Williams was the first Nigerian to be admitted into the Inner Temple on November 17, 1879. He came back to Nigeria to help liberate his people from oppression and injustice, he campaigned vigorously for press freedom and for the abolition of the notorious Seditious Offences Ordinance of 1909, which fortified Colonial authority. According to Sapara Williams, “the legal practitioner lives for the DIRECTION of his people and the ADVANCEMENT of the cause of his country”. For Pa Tunji Gomez, everything a lawyer does should be “a matter of CONSCIENCE.”

STATE OF THE NATION

The NBA should constantly interrogate the affairs of Nigeria against its stated aims and objectives, as the voices of lawyers must be heard on issues concerning the masses of our people, especially those of security and welfare. To this end, the NBA NEC should mandate every NBA Branch to always list State of the Nation as part of the agenda of its monthly meetings. A gathering of lawyers cannot be complete if it does not discuss and take decisions on fundamental and topical issues affecting the nation. Lawyers should not just gather to discuss branch dues, practicing fees, stamp and seal, NBA elections, etc; we must affect society for good. It does not matter what the government in power feels or says, the NBA MUST be guided by its own Constitution and the Constitution of the Federal Republic of Nigeria. The NBA as an organization CANNOT be pro-government, it just cannot happen, because it won’t work. And it is gratifying that the President-elect has indicated this in some of his interviews after the election. The Exco can count on the support of all lawyers in this regard. In my humble view, the responsibilities associated with the office of the President of the NBA may not permit him to be the official spokesperson of the Bar, but he must delegate that function to other officers so long as any intervention from the Bar on national issues has his input.

STATE OF THE BAR

The Bar in Nigeria is too fragmented and nothing says this more than the last national election. The new Exco should strive to build bridges across the Bar and work assiduously to downplay the issues that drove the campaigns during the election, which divided the Bar along ethnic and class lines. The Bar should henceforth speak with one voice. The inability of the NBA to implement its resolutions on the fate of the immediate past Chief Justice of Nigeria will haunt the association for a long time to come. Another ugly scenario is already playing out from the decision of NBA NEC on the cancellation of the invitation extended to the Governor of Kaduna State as a speaker at the NBA Conference. This is not the Bar that we grew up to know and cherish.

Lawyers and judges have become endangered species, as the practice of the legal profession, whether on the Bench or at the Bar, is increasingly becoming a dangerous path to tread. The persecution of lawyers, purely on account of the prosecution or defence of the cause of their clients, cannot continue. The Exco should have Standing Committees comprising seasoned lawyers and activists, across the six geo-political zones, monitoring cases involving lawyers who are victims of overzealous security agencies, to take them up with superior authorities and to file cases in court for judicial pronouncements. Judges are unofficial members of the NBA and as such, the NBA Constitution requires that the NBA should ensure that judges are independent, well catered for and protected.

The relationship between senior and young lawyers calls for urgent review. We need to find a balance between ambition and consolidation. The senior lawyer has spent years setting up his practice, invested heavily in it and is looking forward to the days of harvest. This is expected. However, he didn’t build the practice alone, so he must show enough magnanimity to accommodate the needs of those working with him. I’m concerned with the pitiable plight of young lawyers, especially in terms of remuneration, but given that law practice is mostly personalized, the NBA must find a way to set some guidelines on the issue of remuneration. As the African saying goes, if the hunter should reflect on the vicissitudes of hunting in the wild, he would most probably be unwilling to share his game. For instance, the NBA could give a guideline to the extent that any Senior Advocate of Nigeria, or a senior lawyer aspiring to be an SAN, should not have a lawyer in his office who earns less than N100,000 monthly as his basic salary, quite apart from transport fees to attend court and other benefits. Gladly, Mr. Akpata is renowned for running one of the best law firms in terms of the welfare of young lawyers, so he should make this a priority.

However, this must correspond with established ethics of the profession, especially on the issue of due deference to and regard for senior lawyers. A major issue that played out in Mr. Akpata’s favour was the campaign by young lawyers against senior lawyers. That ugly development should die and be buried upon the inauguration of the new Exco, as it will not augur well for the Bar, should it be allowed to fester beyond its election campaign value. I have good reasons to believe that Mr. Akpata does not personally share this banal sentiment at all, having himself worked tirelessly to produce two erudite Senior Advocates of Nigeria within the space of just two years. Being the immediate beneficiary of that anomalous rebellion, the President-elect should make it his priority to build a bridge between young and senior lawyers, in the overall interest of the Bar.

Electoral Reforms

The NBA Exco must audit the last election so as to improve on it. To the extent that the Board of Trustees has confirmed that the election was flawed, it should not be difficult for the Exco to take up the pitfalls immediately and give a roadmap for a credible election in 2022. The late President Umaru Yar’adua admitted that the election that brought him into office was not perfect, so he set up the Honourable Justice Muhammadu Uwais Panel for electoral reforms. It is believed that the inability of leaders after him to implement the recommendations of the Uwais Panel, has been the bane of free and fair elections in Nigeria. An association of learned minds, with less than thirty thousand active voters, cannot afford to conduct a flawed election. The new Exco should work assiduously to abolish this odious legacy, if it can be so called. (To be continued).

Thenigerialawyer

In Major Coup, CBN Blocks Over-invoicing, FX Overpricing

•Introduces product price verification mechanism
• Elumelu praises measures

In a major policy coup, the Central Bank of Nigeria (CBN) yesterdaymoved to arrest the age-long practice of over-invoicing, which unscrupulous businesses have used to cart away the nation’s forex, directing banks and other authorised dealers to desist from opening Forms ‘M’ whose payment are routed through a buying company, agent, or other third parties.

In addition, the central bank announced the introduction of a product price verification mechanism, which is to help prevent overpricing or mispricing of imported goods and services.

It said the move was part of its continued efforts to ensure prudent use of the scarce foreign exchange resources and eliminate incidences of over-invoicing, transfer pricing, double handling charges and avoidable costs that are ultimately passed to the average Nigerian consumers.

The measures attracted praise by the Chairman of United Bank for Africa (UBA), Mr. Tony Elumelu, who said bolder and more cohesive measures like these would make the difference in the spirited efforts to revive the nation’s ailing economy.

The CBN took the measures in a circular titled: “Destination Payment for All Forms M, Letter of Credit and Other Forms of Payment,” dated August 24, 2020.
The circular addressed to all authorised dealers and members of the public was signed by the Director, Trade and Exchange Department, CBN, Dr. Ozoemena Nnaji.

A Form M is a mandatory statutory document to be completed by all importers for the importation of goods into Nigeria. It is mandatory for all importers to complete and register Form ‘M’ with authorised dealers at the time of placing orders.

The CBN said: “As part of continued efforts of the CBN to ensure prudent use of our foreign exchange resources and eliminate incidences of over-invoicing, transfer pricing, double handling charges and avoidable costs that are ultimately passed to the average Nigerian consumers, authorised dealers are hereby directed to desist from opening Forms ‘M’ whose payment are routed through a buying company, agent or any other third parties.

“Accordingly, all authorised dealers are hereby requested to only open Forms ‘M’ for Letters of Credit, bills for collection and other forms of payment in favour of the ultimate supplier of the product or service. This directive is with immediate effect.

“Additionally, in line with best practices around the world, the CBN will be immediately introducing a product price verification mechanism to forestall over-pricing and/or mispricing of goods and services imported into the country.

“All authorised dealers shall use this mechanism to verify quoted prices before Forms ‘M’ are approved. Please ensure strict compliance.”
Over-invoicing of imports have been a major drain on the nation’sexternal reserves, which stood at $35.597 billion as of August 20, according to figures obtained on the CBN’s website.
Analysts praised the CBN for summoning the will to take these measures at a time like this when the country is witnessing major economic stress.

Elumelu led the commendation group yesterday, saying: “One should always commend robust and forward-thinking measures by key public sector actors whenever they are taken and I am always eager to commend loudly and publicly when it is merited.”

He said he could not have been happier to read the latest policy measures issued by the Godwin Emefiele-led CBN aimed at eliminating the use of “buying agents” or third parties.
“This particular loophole has been a drain on our FX resources and its immediate elimination should be welcomed by all well-meaning Nigerians and friends of Nigeria,” he said on his verified Twitter handle.

Elumelu said the new measures along with other initiatives, including boosting rice and gold production, the ongoing power sector sustainable liquidity and global standing payment order for all defaulting loan customers, there would be cause for optimism for the revival of the economy.

Thenigerialawyer

Lagos Govt Arraigns Man Over Death Of 12 Boat Passengers

The Lagos State Government has arraigned a driver, Happiness Elebiju, suspected to have caused the incident that killed 12 persons on-board a commercial boat along the Ilashe waterfront community in the state in July.

Elebiju was arraigned on 10 counts of involuntary manslaughter before Justice Josephine Oyefeso of the Lagos State High Court sitting in Ikeja on Monday.

The charge was signed by the Director of Public Prosecution (DPP), Mrs Olayinka Adeyemi, who told the court that the accident was caused by the defendant’s action of carrying passengers exceeding the capacity of the boat.

Adeyemi decried that the overcrowding and the illegal activities of boat operators led to the drowning of the 12 passengers.

The defendant, however, pleaded not guilty to all 10 counts.

Thereafter, the DPP asked the court to order the remand of the defendant at the correctional centre.

She also informed the trial judge that the state was ready for trial as two prosecution witnesses were already in court to testify against the defendant.

The defence counsel, however, asked the court for time to prepare for the trial.

In her ruling, Justice Oyefeso ordered the remand of the defendant at the correctional centre and adjourned until Thursday for the commencement of the trial.

Thenigerialawyer

Customs Not Opposed to AfCTA Implementation, Says Spokesman

The Nigeria Customs Service (NCS) yesterday said it is not against the implementation of the African Continental Free Trade Agreement (AfCTA) or any other protocol which the country is a signatory.

The clarification came against the backdrop of misleading media reports that the Comptroller-General of NCS, Col. Hameed Ibrahim Ali (rtd), was allegedly opposed to the implementation of the agreement.

Ali was reportedly misquoted during his presentation at a public hearing of the Senate Committee on Finance.

But in a statement issued by Customs spokesman, Mr. Joseph Attah, the service pointed out that the CGC had only highlighted the implications of the AfCTA on revenue should the country fail to boost local production in order to curtail dumping.

According to him, all imports from member countries will be duty-free when the agreement takes effect, adding that Nigeria must encourage local production and excise duty rather than import duty, which will drastically drop soon.

Ali was quoted to have said: “I would rather collect excise duty than import duty because for every import, you are taking money out.”

The statement further decried attempts to link the Customs boss to issues of scanners and partial border closure, describing the controversial article as having a “total loss of the understanding of CGC’s presentation.”

It read: “For the avoidance of doubt, the CGC, and indeed NCS, is not against the implementation of any protocol that Nigeria is a signatory.

“NCS role is to implement and provide input that might help policy formation in the interest of Nigerians.

“We strongly believe that Nigerians have a right to know the implications of ACFTA and actions that must be taken to benefit from it and not becoming a dumping ground for other countries’ goods.

“Twisting and giving it a different narrative relating to import duty is not only dangerous but mischievous misrepresentation that does the country no good.

“NCS, therefore, call on Nigerians to discountenance the misleading piece and focus on what we must do to benefit from ACFTA.”

Thenigerialawyer

I Did Not Sponsor Bill Seeking More Powers For AGF Over EFCC Says Sen. Musa

The Senator representing Niger East, Mohammed Sani Musa, has declared he did not sponsor any Bill seeking more powers for the Attorney-General of the Federation and Minister of Justice to control the Economic and Financial Crimes Commission (EFCC).

Musa, in a message, said that the Bill he sponsored was “An Act to amend the Economic and Financial Crimes Commission (Establishment) Act 2004, to among other things widen the scope of the choice of a Chairman of the Commission.

He said: “By including a legal practitioner, retired or serving High Court Judge among those eligible to be appointed as Chairman of the Commission and to limit their tenure to a single term of five years; and for other related matters.

“I never proposed or spoke about any amendments to give AGF more powers or to weaken EFCC in the discharge of its responsibilities in anyway,” he said.

The lawmaker added that what he did was “in consonance with the view of most public commentators on the state of our nation’s corruption fight and how the appointment of the EFCC Chairman can be widen to make it more strong, and not allowing it limited to only the police officers, which they had all been at the helm of affairs in the Commission.”

According to him, his proposed legislation was also meant to limit the duration of the Chairman of the EFCC to a single one term of five years.

He said that his Bill did not in anyway seek more powers for the AGF over the EFCC.

His lawyer, Dandison Akurunwa Esq, of Dandi Akurunwa & Co, also protested.

The lawyer said: “Our instruction revealed that in your online publication of Saturday 22nd August, 2020, you caused a libelous publication to be done against our client by your reporter.

“The publication is libelous, false and is not true in content and in form.

“Your reporter never deemed it proper on his part to carry on proper investigation to ascertain the truth or otherwise of the story cooked against our client.

“The vivid description with the picture of our client who is the sponsor of the bill superimposed on the publication leaves no one in doubt that your paper is referring to our client.

“We wish to register the feeling of our client about the said publication.

“It did not only malign our client but cast him in bad light as someone who is against good governance of our nation.”

“This has caused him psychological pains and traumatized his peace as he has been inundated with phone calls from friends and foes over your publication.”

FG Insists on Enforcement of New NBC Code

The federal government yesterday insisted on the implementation of the recent amendment to the sixth edition of the Nigerian Broadcasting Code by the National Broadcasting Commission (NBC), saying it was in the best interest of the country.

The Minister of Information, Alhaji Lai Mohammed, stated this at the NBC’s 28th anniversary and sixth annual lecture in Abuja.

The amendment, which has attracted controversies, prohibited exclusivity of sporting rights and raised the fine for hate speech to N5million.

It caused a disagreement between the commission’s acting Director-General, Armstrong Idachaba; and the chairman of the commission’s board, Ikra Bilbis, who is supporting further review to accommodate concerns raised by stakeholders.

But Mohammed said government’s expectation was that the ongoing reforms, including the amendment of the code, would revolutionise the nation’s broadcasting industry.

He explained that the Federal Executive Council (FEC), led by President Muhammadu Buhari supported the amendments after a review of the 2019 general elections.

He said Buhari decided to approve the recommendations in order to reposition the NBC.

The minister explained, “The approval necessitated some amendments in the Code and the Act (of NBC).

“The amendments are mostly in the areas of political broadcasting, local content, coverage of emergencies, advertising and anti-competitive behaviour.

“There are obviously lots of positive and desirable outcomes from the new Broadcasting Code; the provisions on exclusivity and monopoly.

“This antitrust provision will boost local content and local industry due to laws prohibiting exclusive use of rights by broadcasters whose intent is to create monopolies.”

Mohammed also said the implementation of the new code would encourage open access to premium content.

The minister said the provision was not new in Nigeria, saying broadcasting exclusivity was disallowed at a certain time in the history of the nation’s broadcasting.

He recalled Multichoice sub-licensing EPL matches to other local operators in Nigeria while HiTV engaged local operators on sub-licensing the EPL when they got the rights.

“Sublicensing and rights sharing create opportunities for local operators to also gain traction and revenue for their services,” he said.

The minister said the law prohibiting backlog of advertising debts would promote sustainability while the law on registration of web broadcasting would regulate negative foreign broadcasts that could affect the country negatively.

BREAKING: Ozekhome Scores One Over Magu As Court Endorses Substituted Service On EFCC Boss

Federal Capital Territory High Court sitting in Apo, Abuja, has granted leave for substituted service on Ibrahim Magu, the Acting Chairman of the Economic and Financial Crimes Commission (EFCC).

Justice Silvanus Oriji gave the order of substituted service on Tuesday, after listening to the submissions of Chief Mike Ozekhome (SAN), counsel to an Abuja-based lawyer Monday Ubani and former senator Christopher Enai.

On March 26, Justice Orji granted leave to an ex-parte motion filed by Ozekhome for EFCC to charge Ubani and Enai to court or release them on bail on or before March 28.

The judge held that the court had the power to make an order for substituted service of the process where it appears that prompt service cannot be conveniently effected.

”In exercise of the power of the court under Order 7 rule 11, I grant this motion,” he said.

Ishaya Markus, the bailiff, was denied access to Magu by armed security personnel at his office at the EFCC headquarters.

Ozekhome said the operatives told the bailiff that he could only see Magu on an invitation.

In the ex-parte motion, Ozekhome prayed the court to order form 48 and 49 be served on any officer at the mail registry of the EFCC Chairman and the legal department at the headquarters in Jabi.

He also prayed an order of the court to post same at the gate of the EFCC’s head office.

Ubani, a former President of the Ikeja branch of the Nigerian Bar Association (NBA), and Enai, the former lawmaker representing Bayelsa, were invited and detained by EFCC operatives on March 19.

They were detained for standing as sureties for Ngozi Olejeme, who once served as the Chairman of the Nigeria Social Insurance Trust Fund from 2009 till 2015.

They are still yet to be charged to court by the EFCC.

Saharareporters

EXCLUSIVE: African Union Disqualifies Okonjo-Iweala From Vying For World Trade Organisation Director General

The African Union has disqualified Dr Ngozi Okonjo-Iweala from vying for the office of the Director General of the World Trade Organisation, SaharaReporters has exclusively gathered.

In July 2019, the Executive Council of the AU invited member states to present nominations into the office of the DG of the WTO so that the AU would agree on a consensus candidature.

Nigeria initially nominated Fedrick Agah while Benin and Egypt fielded Messrs Eloi Laourou and Abdulhameed Mamdouh respectively.

However, in a document from the Office of the Legal Counsel of the African Union, Reference Number: BC/OLC/24/5056.20 dated June 15, 2020 and sighted by SaharaReporters, the African Union says the nomination of Okonjo-Iweala violates Rule (11), 1, 2 and 3, Rule 12 and Rule 15(3) of the rules of procedure of the committee on candidatures within the International System of the AU as well as Council’s Decisions Ex CI 1072 (XXXV), Ec CI Dec 1090 (XXXVI) and Assembly Dec 795 (XXXIII).

The AU says its Executive Council had endorsed the nominations of Fedrick Agah, Eloi Laourou and Abdulhameed Mamdouh before Nigeria sought to substitute its nomination. 

Meanwhile, the council’s endorsement was for the nominees in person and not for their countries. 

In addition, the AU says Nigeria’s new nomination of Okonjo-Iweala did not meet the submission deadline and there are no more vacancies into, which Nigeria can make nomination. 

The AU wrote, “It is a recognised principle of international law that a sovereign state has the right to substitute and replace a nomination of its citizens as it may wish for a position. 

“However, the sovereign right does not endow that state any right to change existing rules, relevant decisions of the Executive Council and decisions of the ther policy organs of the union. A decision of the Executive Council should only be changed by another decision of the council not by any member state and a decision of the Assembly should be changed by a decision of the Assembly not by a member state.”

Saharareporters

65 NGOs & 60 Persons Condemn Court’s Ruling Barring Zimbabwe’s Leading Human Rights Lawyer, Beatrice Mtetwa, From Representing An Accused Person Over Alleged Facebook Comment

Meanwhile, 65 Non-Governmental Organizations (NGOs) and 60 individuals have jointly issued a statement condemning the order of the Chief Magistrates Court in Harare, Zimbabwe, to bar leading human rights lawyer, Beatrice Mtetwa, from representing political detainee, Hopewell Chinono.

This is contained in a statement issued by them dated 24th day of August, 2020 which was made available to TheNigeriaLawyer (TNL), where they described the Ruling as one with“great concern”. The statement is signed by leading organisations & lawyers from over 35 African countries. Signatories include former Chief Justice of Kenya, Dr. Willy Mutunga; president of the International Federation of Human Rights, Botswana’s Alice Mogwe, CEO of Pan-African Lawyers Union, Don Deya, & former Chairman of Nigeria’s Human Rights Commission, Chidi Anselm Odinkalu.

“We note that Beatrice Mtetwa testified before the court that she has no control over the said Facebook page and therefore, did not author or authorize the said publications. She is not listed as an administrator of the said Facebook page” the statement said.

The ruling of Regional Magistrate, Ndunna N. of the Regional Court for the Eastern Division, Harare has sparked off debates in the ongoing state’s prosecution of a Journalist in State V. Hopewell Chin’ono (CRB No. Acc..77/2020), when the Court barred a Lawyer, Beatrice Mtetwa from further representing her client (accused person) and also recommended her for possible prosecution over a post she was credited to have made on Facebook titled “Beatrice Mtetwa and the rule of law.”

The prosecutor claimed that the post brought the court into disrepute.

However, the Facebook post in question reads as follows:

“Where is the outrage from the International Community that Hopewell Chin’ono is being held as a political prisoner? His life is in serious peril. Raise awareness about his unlawful imprisonment. Do not let him be forgotten You or someone you love could be the next one abducted from your home and put in leg irons.

“SPEAK OUT”

In a bail application filed by the Lawyer on behalf of her client, the counsel to the state drew the attention of the Court to the above post, asking that defence counsel, Ms. Mtetwa, be disqualified as a counsel in the case on the strength of the post.

“The state alleges these posts are attributable to the lead counsel herein one Beatrice Mtetwa to be precise and that as a result she must be debarred from appearing before the court as she has become personally involved so as to diminish her objectivity as an officer of the court.” The Judge said.

Prior to this Facebook post, it was said that the Lawyer has written two letters, dated 24th day of July, 2020 and another one dated 27th day of July, 2020, considered to be demeaning to the integrity of the Court in what she said was a political persecution of her client.

“Both these letters characterise the court and the legal system in picture portrayed in the Face Book posts at Beatrice Mtetwa and the rule of law.” The Judge said.

Meanwhile, in the Ruling of the Court which was made available to TheNigeriaLawyer (TNL), some excerpts therefrom read:

“The posts then clearly continue to portray that picture of a legal system and a court that is perpetuating the alleged abduction. The posts rebrand the accused to be a political prisoner and this court to be complicity in the dealing with the alleged now political prisoner. The world is being invited to outrage.”

“Clearly the posts demean the court severely. However, whether the contempt is in the face of the court or not in the face of the court, it is important that it should be borne in mind by courts themselves that the court should use its summary powers to punish for contempt sparingly.”

“Defence Counsel like a public prosecutor has a mandate to present her case in the utmost diligent manner and within the confinements of the acceptable decorum of a legal process. He or she must not exhibit an attachment to the case which goes beyond the acceptable professionalism of a lawyer so as to be personally involved; or so as to appear to be serving multiple constituencies.”

“A lawyer who is professionally seized with a case does not conduct the case with such desperation. This moment you are in court arguing the case, the next you are writing letters in bad taste and smuggling them into the record and the next you are posting on social media that the whole trial process is for political expediency and that an accused, your client, is a political prisoner and inviting the whole world to show its outrage.”

The Court made the following orders:

“1. That the application for disqualification of Ms Beatrice Mtetwa as a counsel participating in this matter is hereby granted as prayed for by the state

2. That the Prosecutor General consider institution of prosecution against Lead Counsel Beatrice Mtetwa for contempt of court emanating from disparaging contents of her letter of 27 th posts at Beatrice Mtetwa and the rule of law July 2020 and the Face Books

3. That a copy this judgment be made available to the Law Society of Zimbabwe

4. The proceedings are postponed to an agreed date between the state and the other co counsels to enable accused to consider his legal representation in view of this ruling.”

Reacting to these orders, the groups noted that as a lawyer, assuming the said post emanated from her as alleged, Ms. Mtetwa was protected by the dint of right to freedom of expression under Section 61 of the Constitution of Zimbabwe, Article 19(2) of ICCPR, Article 9(2) of African Charter and Principle 23 of United Nations Basic Principles on Role of Lawyers.

Furthermore, it was contended that her disqualification has undermined “the accused person (Hopewell Chin’ono) right to legal representation which is guaranteed in section 70(1)(d) of the Constitution of Zimbabwe” and that “this undermines the accused person right to fair trial.”

“We therefore express our concerns over this judgment as it undermines not just Beatrice Mtetwa’s right to practice law but it has a chilling effect on many other associated rights.”

In addition, they noted that “ordinarily, courts must be the shield that protects these rights rather than being the sword that destroys fundamental rights.”

“We call on Zimbabwean authorities to respect, protect, promote and fulfill the human rights of everyone, including Beatrice Mtetwa’s right to freedom of expression and to practice her profession, the right of the accused to fair trial including legal representation. There is no justice without freedom and the rule of law.” The statement concluded.

UNILAG Crisis: SSANU Writes Buhari To Re-Constitute Visitation Panel

The Senior Staff Association of Nigerian Universities (SSANU) has called on President Muhammadu Buhari, who is the Visitor to the University of Lagos (UNILAG), to re-constitute the special visitation panel set up to investigate the crisis rocking the university.

In a letter written to the president, SSANU said it called for the review of the visitation panel to reflect neutrality, fairness and proper representation.

The union condemned the panel, insisting that the principle of natural justice was lost in the present composition of the visitation Panel.

In a letter dated August 24, 2020 and addressed to President Buhari, the union said: “While SSANU appreciates the prompt intervention of the Visitor in the ongoing crisis and the sincere efforts in nipping the crisis in the bud, the directives of the Visitor as contained in the Press Release have a further tendency to cause more crisis as issues bordering on due process and fair hearing have been trampled upon arising from the Visitor’s directives under reference.

“The crisis in the University of Lagos has the Academic Staff Union of Universities (ASUU) as a major participant. Indeed, ASUU is the complainant in this matter.

“The composition of the Special Visitation Panel with a preponderance of Professors (ASUU members) is an indication that the decisions of the Panel would be tampered with by ASUU. The fact that they are former vice- chancellors also implies the tendency to protect one of their own – an embattled vice-chancellor.

“It is our informed observation therefore, that a fair and unbiased Panel, representative of all stakeholders in the University system should have included at least a retired Registrar, a retired Bursar, and a prominent individual with undoubted integrity, who should be a former Pro-Chancellor and not a Professor, as Chairman of the Panel. With the present composition and membership of the Panel, the Federal Government may have unwittingly handed over the Panel to ASUU to return victory to its member and condemn all others.

“SSANU therefore calls for a re-composition of the Panel to reflect neutrality, fairness and proper representation and not using ASUU to probe itself as the situation currently is. The principle of natural justice is lost in the present composition of the Visitation Panel and it is totally condemned by SSANU.”

On the directive recusing the Pro-Chancellor, Dr Babalakin from official duties, SSANU noted that President Buhari may have inadvertently fallen into the ASUU position of seeing Dr Babalakin as the problem of the University of Lagos.

The letter, signed by the Union President, Comrade Samson Ugwoke, said: “SSANU appreciates the intention of the Visitor by directing the recusal of the Pro- Chancellor and Professor Ogundipe from official duties during the period of the Visitation. It is assumed that the directive on recusal is to enforce peace in the University pending the outcome of the Visitation.

“SSANU however wishes to note that the Visitor may have inadvertently fallen into the ASUU position of seeing Dr Babalakin as the problem of the University of Lagos. To the best of our knowledge, the decision to remove Professor Ogundipe was a decision of Council and not Babalakin.

“It would have been fairer if the Visitor had directed the entire Council to recuse itself from official duties until the end of the Panel’s assignment than asking Babalakin alone to recuse himself.

“We wish to therefore observe that this directive personalizes the decisions of Council to Dr. Babalakin which in itself does not do justice to the issues on ground.”

The letter added: “SSANU while not unconcerned about the principles of natural justice i.e. fair hearing and due process in the removal of Professor Ogundipe as Vice- Chancellor of University of Lagos, is equally worried that the underlying allegations of fraud and corrupt practices seem to be lost due to technicalities.

“Government should be concerned that the major agitation of the loudest voices in the University system has always been that of poor funding of the University system. Ironically, those same voices use every tricks, threats and forceful actions to ensure that corrupt practices that fritter away the meagre resources allocated by Government are covered up, while perpetrators are allowed to escape.

“This is reflective in the actions of the ASUU Branch of University of Lagos, pre-emptively ensuring that the Governing Council of University of Lagos would not sit to take decision on the alleged infractions of Professor Ogundipe, by threatening the Pro-Chancellor not to step into the University of Lagos, and declaring him persona non grata.

“This violent trend is only a stock in trade of ASUU to cover up its own and has been witnessed in many universities where allegations of financial improprieties have been levelled against Vice-Chancellors. It would be recalled that the Autonomy Act was brought into being by acceding to the demands of ASUU.

“This Act has however caused ASUU to hijack Council with a majority of Council members being its members thereby rendering the Federal Government powerless in the running of the Universities. Only Universities with strong-willed Pro-Chancellors have a semblance of Councils. Others are at the whims and caprices of vice-chancellors once they have the support of ASUU.

“This is the reason for the loud complaints of ASUU where such strong-willed pro-chancellors exist. to allow the status-quo to remain would be sounding a death knell for the university system.”

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