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How young lawyers can survive and thrive, by Udemezue

In this paper presented at the FAMA FIRM virtual conference on “Contemporary issues facing the welfare of young lawyers in Nigeria and possible solutions” by fiery Law Teacher, SYLVESTER UDEMEZUE, he strives to plot a roadmap for Nigeria’s young lawyers on how to surmount the myriad of challenges besetting them in the legal services industry.

NIGERIAN YOUNG LAWYERS, THEIR MANY CHALLENGES, AND THE WAY OUT OF THE DOLDRUMS

At the FAMA FIRM’s LAW WEBINAR where the problems and welfare of the Nigerian young lawyer took the Centre stage, I (as a one of the main speakers) tried to identify some of the problems facing the young lawyer in Nigeria, and I made efforts to also advance some recommendations on the way out of the doldrums, in the best interest of young lawyers and the law profession.

For the many challenges the young lawyer faces in Nigeria, I respectfully held the following people and organizations blameful/responsible (each to a certain degree):

  1. The Young Lawyer himself/Herself— Lack of proper orientation on the things that really matter within and outside the profession; obsession with inane materialism; excessive greed; acute impatience; lack of proper commitment and self-preparation; low self-development efforts; poor reading culture; obsession with negative comparison; lack of objectiveness in decision-making during Bar elections which leads, sometimes, to enthronement of wrong leaders; failure or refusal to cooperate with, or support incumbent Bar leaderships at all levels; mentality of over-dependence on others (looking for apple instead of focusing on learning how to pluck the apples yourself); improper packaging (your packaging determines the level of treatment you get from others); improper focus on money instead of work which is what would eventually yield you greater dividends; excessive desperation; lack of humility; engagement in delinquent behaviors; distorted and disjointed attitude to life and value system, selfishness and egoism, etc.
  2. The Society in which the young lawyer has found himself/herself — bad and corrupt governance, gullible and docile followership, degraded society, poor economy, social dislocation, low support infrastructure, etc.
  3. Successive leadership of the Bar Association over the years — failure of NBA leaderships to work hard to stop/reduce incessant encroachment into the legal practice space by non-lawyers; failure to initiate necessary legal reforms that would ensure expansion of the employment base for legal practitioners in order to create more employment and make lawyers more relevant to society (most lawyers look for work only in law firms thereby creating more pressure and are subjected to undue exploitation, harassment, and poor treatment, etc: law firms would appreciate and pay lawyers more (to discourage them from leaving) if the firms see fewer lawyers to employ); NBA has not focused on the real needs of the young lawyer (trying to fix a minimum wage for privately-owned Law firms is mere pursuit of the impossible; come off it and focus on the realizable, more beneficial things); segregation and division within the various segments of the profession lead to acrimony and lack of proper focus; NBA and its members give very little support to legal education institutions in Nigeria; failure to secure a better deal for lawyers in the society, compared to members of other professions (medical profession has a better deal because their leadership had worked for it), NBA has not created proper avenues for robust engagement and deliberations on the challenges facing the young lawyer and the profession in general (except in few instances, the periods and sessions during NBA Annual Conferences are usually entirely dissipated/wasted on discussing matters that have little or NO relevance to the welfare and promotion of lawyers, the legal profession and the young lawyers in particular; we won’t know how to solve our problems if we don’t have proper avenues of identifying and and discussing them comprehensively); etc
  4. Employers of (Law) Labour — sexual and other harassment by bosses due partly to desperation and improper conduct (dressing, etc) on the part of young lawyers, and also due to the randy nature of some employers; undue exploitation by employers; improper/inadequate remuneration and welfare packages for employees; unconducive work environment; lack of proper involvement, engagement, poor employer leadership examples, poor employee-motivation etc.
  5. Our Learned Senior Colleagues — incessant intimidation and bullying of young lawyers which tend to put the young lawyers off, discourage them and sometimes frustrate them out of the profession; most of our seniors don’t lead by good example, most seniors don’t provide proper support and encouragement to juniors, selfishness by seniors, etc.
  6. Educational Institutions—- starting from secondary schools and universities, we need to take education of our youth much more seriously; Council of Legal Education (CLE) should tighten the noose on Law Faculties to force them to re-double their efforts at training lawyers; Guidance and Counseling should be made a necessary part of the curriculum both at the secondary and university level, and indeed all levels, etc.
  7. Regulatory Institutions within the legal profession— each regulator hardly lives up to its responsibilities and the expectations of lawyers generally , inefficiency and corruptions, nepotism, little or no partnership among core regulators, etc.
  8. Individual Luck: Not everyone would be rich or well-to-do; if you try to be faster than your shadow, you may crash. Hard work is a condition precedent to success; but not everyone who works hard that must succeed. Accordingly, while you work hard to be the best, try and make allowance for some failure or ill-luck because you don’t know what the future holds in store for you. Hope and work for the best, but be prepared for the worst, sometimes; life might not be a bed of roses; challenges are a part of life. Our destinies aren’t the same. Learn how to approach failure and delays. Some were born great; some have greatness foisted upon them; but some must work very hard to achieve greatness. Yet, there are others who spent an entire lifetime working for greatness, but unsuccessfully; such is life. If you lose sight of this fact, you may miss your steps.
  9. Parents and Guardians: not everyone is cut out to be a lawyer; some force their children or wards on the profession; let parents subject their children and wards for proper guidance and counseling before allowing them to study law. Don’t push your child to study law; let the decision be wholly voluntary, based on proper counseling. Some lawyers HAVE NO BUSINESS coming into the profession. They just can’t cope, however anyone tries to help them. They’re square pegs in round holes; Legal Missorts!
  10. Poor Justice Administration System: corrupting, ineptitude and especially chronic delays in justice dispensation in Nigeria are a great source of frustration and discouragement for the young lawyers.

I proffered a number of solutions, which are contained in my paper (to be shared shortly). I then concluded: the solution to the young lawyer’s problems must begin (but not end) with the young lawyer himself/herself: an altogether new mode of thinking; improved reading culture; hard work; more commitment to the profession and work; patience; selflessness; radical reorientation; eschew materialism and negative comparative analysis; the dependence-mentality; focus all your energy on work, not money, and money will come; proper self-packaging (you don’t need much money to properly package/market yourself; but you need proper packaging to get the money you need, and to make it in the profession); develop the attitude of selfless service (how you serve others determines how far you can go in the profession); personal development; networking; flee from all forms of evil because KARMA and RETRIBUTION are REAL; stay away from money politics during bar elections so you can get the right leadership,; support every incumbent NBA leadership (even if your candidate during elections lost/loses the election (it a civic responsibility), etc.

As I have said, I will make my paper available for public consumption and to continue the discussion.

Respectfully,
Sylvester Udemezue (udems)

Credit:citylawyermag

Defence to Dud (Bounced) Cheques

It is important to know that not all issuers of Dud/Bounced Cheques do have criminal intentions while issuing the same Cheque. Here in this video are some defenses available for such persons.

Watch:

Credit:Sabilaw

Know Your Rights Series (Part 1)

Know Your Rights Series (Part 1)
I Am A Citizen Of Nigeria, Are You
By Fejiro Ogheneare

Let me give a little background for this article. One day at home, I was in a conversation with my parents, I was trying to enlighten my Dad on the operational laws of tenancy in Lagos State and my Mom asked me a salient question ‘dey no de tell pesin all these laws sef?’ That question had me thinking. Here am I, a 200-level undergraduate law student who is being trained with the Latin Maxim: ‘Ignorantia juris non excusat’ (ignorance of the law is not an excuse), but what attempts are being made by the lawmakers and those who interpret and enforce the law to educate the people on these laws. Legal education should not be for legal practitioners alone, rather it should include the masses because they are the very ones affected by these laws.
To begin this article properly, we must define who a citizen is. A citizen simply put, is someone who is a member of a particular commune, organization, or nation-state and by that very fact, he or she is obligated to perform certain duties and enjoy certain rights. The emphasis for the remaining part of this article will be on the last part of this definition which puts across to us that a citizen has duties and rights which he/she should perform and enjoy respectively.
Rights and Duties here mean almost the same thing as their ordinary English definitions. Sadly, a lot of us are aware of our duties, but we know very little about our rights, and we are not entirely to blame. The system we live in has revealed to us the duties and kept us in the dark about our rights. Duties are propagated every day via TV commercials, radio adverts, posters, and the like. These duties include things like paying your tax, respect for national symbols, and a host of others. Painfully, our rights as citizens haven’t been propagated with as much fervor and many continue to remain in the dark on what are their entitlements as citizens of this great country.
The purpose of this article, therefore, is to systematically unravel these rights, in plain, easy-to-understand English and by so doing, empower you to assert these rights. All of the fundamental rights of a Nigerian citizen are contained in Chapter IV of the Nigerian Constitution which consists of Section 33 to Section 46. Let us examine them in turn and get ourselves acquainted with what those rights provide.
Section 33 of the Nigerian Constitution says, ‘Every person has a right to life…’ This is the first fundamental right of every citizen of Nigeria. However, this right is not absolute, it is a limited right. This means that it has certain exceptions to it. When any of the exceptions are fulfilled, this right will not operate. What are the exceptions then? They are four in number and they are
A death sentence for a criminal offence for which he/she was found guilty of
Killing someone as an act of self-defense
Murder in an attempt to arrest a person or prevent the escape of a lawfully detained person.
Killing someone or some persons To suppress a riot, or other forms of civil unrest.

There you have it. This is the first and most basic right of a Nigerian Citizen, the Right to Life. We’ll discuss more fundamental rights in the subsequent articles. Till next time.

Credit:SabiLaw

All insecurity in Nigeria are man-made caused by bad governance, ethnic jingoism and religious irredentism. Only by mending fences may sanity and security return

By Sylvester Udemezue

Nigeria is far from the road to redemption. 2023 may not be our promised land.  Look, our Leaders and most of the followers, guided by ethnic jingoism and religious bigotry, caused all the terrorism and insecurity we’re grappling with in Nigeria today. Check out, and tell me it’s not true:

  1. Senseless, needless extrajudicial murder of Mohammed Yusuf escalated Boko Haram, turning it into a dangerous terror group that later gave birth to a more ferocious ISWAP.
  • Desperate efforts to win elections at all cost, by hook or crook, to burn down Nigeria in case of loss, led to the importation of foreign terrorist bandits into a peaceful country. Okay!! Election won, for peace to reign, what did we get in return?  (1) never-before-seen backwardness and light-speed regression and (2). an unprecedented brand of bold, vicious terrorism by imported terrorists operating freely, in an above-the-law style, and even being compensated (sorry, TURBANED) for killing, kidnapping and terrorizing indigenous peoples of Nigeria.
  • Stupid, senseless, and needless Python Dance 1 and 2 led to the UGM menace in the Southeast. And instead of retracing their steps, our leaders guided by the same ethnic jingoism and religious bigotry, and irredentism, have invaded the southeast, to wipe off the youths of a Dot in a Circle that is regarded as outcasts that must be “defeated” (not welcomed or given a sense of belonging) for Nigeria to progress.
  • Terrorist herdsmen’s unrestrained activities caused Yoruba Nation and other agitations and the rise of Sunday Igboho activism.
  • Bad governance escalated youth idleness, joblessness, frustration, restiveness, and delinquency, resulting in the escalation of Yahoo-Yahoo, and giving birth to bizarre Yahoo-Plus ritualism and wanton waste of lives of the innocent in Nigeria.
  • Terrorist activities of herdsmen on a mission, and leaders’ condonation of their terrorist activities, resulted in the setting up of multiple vigilante groups by indigenous peoples of Nigeria for self-protection and survival, resulting in the proliferation of arms and ammunition and deployment of these for wanton extrajudicial murders and massacre of defenseless, innocent Nigerians.
  • Myopic, segregative, clannish, and exclusionary leadership style heightened agitations for self-determination some of which have turned violent, worsening insecurity.
  • Violation of rule of law resulted in violent protests, lawlessness, etc

Tell me the insecurity in Nigeria, that was not caused by our Leaders. And when I say it, some jingoists and bigots proceed against me to persecute me on WhatsApp platforms. I Remain Focused. I can’t get distracted. Only truth will restore sanity to a country that once was, but which could be rescued to take its proper place in the comity of prospering nations.

Where are those lawyers who say insecurity is not a legal subject? There is now a raging fire on the mountain. What are you doing about it?  You’re the ones giving Leaders bad advice that guided them to adopt exclusionary, clannish, and parochial leadership styles that have devastated our country, and as a result of which we’ve lost our safety, economy, etc. in our country.

Our country could have been better if we had adopted altruism, broad-mindedness, inclusion, and nationalism.  Our country has now been destroyed by ethnic jingoists, religious bigots, and their thoughtless advisers, and brainless blounossers who attack and persecute every wise counsel and voice of reason.

There is only one solution to restoring sanity: go back to the drawing board, and start mending fences, restoring love, and assuaging frayed nerves. Go back to accepting wise counsel. Jettison your quest to take over NIGERIA; Nigeria belongs to all Nigerians. Return to the path of Rule of Law. We destroyed Nigeria. Only we can rebuild it.

Best wishes, Nigeria

Udemezue is a Law Lecturer at the Nigerian Law School, Lagos

Open letter to all  State Legislators and State Judicial Service Commissions on the Welfare of Magistrates and Customary Court Judges

By Bayo Akinlade Esq

 INTRODUCTION

More than 70% of all legal disputes are handled by lower courts in Nigeria. This is because over 80% of our population are middle and lower-class citizens whose disputes fall within the jurisdiction of the lower courts.

 ACCESS TO JUSTICE

Most Nigerians are denied access to justice because of the lack of basic infrastructure at the lower courts, insufficient magistrates, and other vices.

At least every local council area should have a magistrate court but that’s not the case in most parts of Nigeria and we wonder why there is so much insecurity and lawlessness.

 CIVIL AND CRIMINAL JURISDICTION OF LOWER COURTS

Most, if not all tenancy matters are within the jurisdiction of magistrate Courts

All commercial transactions below 10 million naira (at least for Lagos State) are resolved in the lower courts

All customary marriages and small disputes are handled by customary courts

All Criminal cases that do not attract capital punishments can be tried in a magistrate court.

It goes without saying that our lower courts play perhaps a more fundamental role in maintaining peace and order in our communities than our superior courts.

 DID YOU KNOW?

Do some magistrates earn less than 200k per month?

At retirement, some of them may not earn more than 20k in pension and gratuity per month?

Many of them don’t have vehicles and cannot afford one if not provided for by the Executive Arm of Government?

They handle sensitive cases on tenancy issues but some of them cannot afford to pay rent for a decent apartment?

The average magistrate handles 10 to 30 matters a day and sits for 4 to 8 hours a day without taking a break

They handle sensitive criminal cases but do not have any protection from the criminal underworld

And so much more

 THE CALL

We call upon our State Legislators and respective State Chief Judges to put heads together and come up with a reasonable package for Judges of our Lower Courts.

We have heard the uproar from our Supreme Court Justices, we have seen the outcome of a recent judgement increasing the salaries of superior court judges BUT WE LEFT OUT THE MOST IMPORTANT SET OF JUDGES AND THOSE ARE THE JUDGES THAT KEEP NIGERIA SAFE AND SECURE … WE LEFT OUT THE MAGISTRATES AND THE CUSTOMARY COURT JUDGES.

 The Welfare of our Lower Court Judges Matters!

SUPPORT OUR LOWER COURTS

 Bayo Akinlade Esq

 Citizens Support for Lower Courts Initiative

The Olanikpekun Affair; A Moral Battle Is Shaping Up

By Emmanuel Jakpa

There is a great, big moral battle ongoing for the soul of the Nigerian Bar Association. And everyone is invited to pick a side. By not picking a side, you are picking a side, it is the nature of moral battles.

On Sunday Chief Wole Olanikpekun gave an interview in the Vanguard newspapers, where he accused the President of the NBA, Mr. Olumide Akpata of an ulterior motive in writing a letter to him and leaking it to the press before he (the Chief) had a chance to see the letter.

Since then a number of senior advocates have toed the line, singing from the same hymn sheet that what the President of the NBA did was wrong. One faceless individual was alleged to have said, “it is only in oyinbo land that somebody will quit his job because there is a mere call by somebody who appears to have an ulterior motive in writing that letter.” Lagbaja, it appears you have forgotten this is an oyinbo profession, the last time I checked there were no lawyers let alone senior advocates in my village union. I don’t know about yours.

The legal profession is a foreign, imported commodity and we ought to look at the owner’s manual when using it, for our own safety. It is essentially this manual that dictates “nemo judex in causa sua.” That doesn’t sound like any Nigerian language I know of. But if you know the local translation, please let me have it.

More the surprise therefore is the fact that several senior advocates of Nigeria have gone on record to excoriate the President of the NBA for allegedly leaking the letter addressed to the Chairman of Body of Benchers Chief Wole Olanikpekun.

I don’t know whether they are right to lay the accusation without hearing from the man. But the information available is that a copy of the letter was delivered to the Secretary of the BOB and to the emails of every member of the BOB. That immediately implies that there are at least two possible sources of a leak; from the President of the NBA’s side of the fence or from the Secretariat of the BOB’s side of the fence.

None of the senior advocates of Nigeria who have gone on record to excoriate the NBA President has demonstrated to us how they eliminated one of at least two possibilities to arrive at their unequivocal conclusion that it was the President of the NBA that leaked the letter.  Our understanding of legal procedure was that you analysed the facts before your applied the law – I think they used to teach it under the rubric IRAC or something.

Anyways, what that means is that the learned silks and members of the Body of Benchers ought to call for an investigation of the source of leak, if they are so concerned about a leak and if there is any rule that was offended by the alleged leak.

But I will point in a different direction. Just a couple of weeks ago, 14 justices of the supreme court were alleged to have authored a far more devastating letter to the Chief Justice of Nigeria alleging the highest level of malfeasance. The letter in circulation was even unsigned, which points in only one possible direction for source of leak.

Did the embattled CJN react by calling the other justices names and questioning their motives for leaking a document before they signed and sent it to him? I don’t recall that particular episode, if it ever occurred. Pardon my lapse of memory.

I think the learned senior advocates and members of BOB may have more serious things to do, like worry about the state of our legal profession and the moral underpinnings of the profession (or business as I hear some say it is in entirety). Even as business there should be some rules.

The allegation against Chief Olanikpekun’s partner is that she was seeking to attract business away from an already briefed counsel and not by some savoury means. The letter is in the public domain if you enjoy salacious details. It was directed at the business of another senior advocate. What happens where there are no rules in business? Does anyone know? It seems it becomes banditry, that favourite pastime of a few that has nearly brought this nation to its knees.

So if you are a fence sitter, you are wrong.

I believe if the process is allowed to play out properly we will get to the bottom of this issue in a manner that is fair to all.

The diversionary tactics being employed bodes no good for the legal profession in Nigeria and you know it.

Emmanuel Jakpa, Esq.

A Lifeline For Judges -By Ebun-Olu Adegboruwa, SAN

About a week ago, the National Industrial Court, sitting in Abuja, directed the federal government of Nigeria to increase the salaries of all judicial officers in the country. In a landmark judgment delivered by the Honourable Justice Osatohanmwen Obaseki-Osaghae, the government was ordered to commence a monthly payment of N10 million to the Chief Justice of Nigeria (CJN), N9 million to other Justices of the Supreme Court and the President of the Court of Appeal, N8 million to the Justices of the Court of Appeal and the Chief Judges of the Federal High Court and High Court of the States, Heads of the Sharia Court of Appeal and the President of the Customary Court of Appeal, while other judges of the Federal High Court, the State High Courts, Sharia Court and the Customary Court will earn N7 million, in that order. In addition, the Court held that the federal government shall continue to carry out a yearly or once in two years review of the salaries and allowances of all judicial officers. In its judgment, the court held that the refusal of the government to review the salaries and allowances of judicial officers for fourteen years was unconstitutional, unlawful, adding that the National Industrial Court has the power to compel the government to do the needful.

The judgment of the Court is sequel to the suit filed by renown author and legal luminary, Dr. Sebastine Hon, a Senior Advocate of Nigeria, against the National Assembly, Revenue Mobilisation and Fiscal Allocation Commission, Attorney-General of the Federation and the National Judicial Council as the 1st to 4th defendants, respectively. In his affidavit in support of the case, Dr. Hon, SAN stated that as a legal practitioner who has practiced in all the levels of courts in Nigeria, he was aware that the poor pay for judicial officers is seriously affecting the quality of judgments and rulings being delivered and also the discharge of other functions associated with their office. He stated further that the current economic reality in the country requires that the salaries and allowances of judges be improved upon, urgently. The Claimant noted that the highest paid judicial officer in Nigeria, the CJN, currently earns about N3.4 million per annum, far below what is earned by such an officer in other countries. While quoting what all judicial officers currently earn as provided under Part IIB of the Schedule to the Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc) Amendment Act 2008, Dr. Hon, SAN averred that the said paltry sums have discouraged him from aspiring to become a judge.

I have described the commendable efforts of Dr. Hon, SAN as a lifeline for the judges because it is long overdue. We have heard lamentations and complaints from judicial officers during their valedictory speeches, at times embarrassingly, on the state of wanton neglect of the judiciary. The judiciary remains one of the gateways to the economic progress of any nation as the mode and time of resolution of legal disputes are key issues to consider in investment decisions and also part of the indices for determining the ease of doing business. For anyone who has experienced the near-drowning syndrome while swimming or in accident situations, it is always a matter of lapping on to any and all things for immediate rescue or else life is gone. The appalling situation of the judiciary in Nigeria is not so very well appreciated by many. Without mentioning names, there are judges who buy their own generators and fuel them in order to discharge their duties. Some buy stationery and even help to augment the meagre take home pay of those working with them in the courts. Some other judges have no drivers whilst some have no official accommodation. And do you know that when judges retire from service, they become orphans and their pension is not paid as and when due? It got so bad that a retired judge in Lagos recently had to approach the court to get the government to pay his pension. When those of them in service get to hear of such neglect, how do you think they will react? The judiciary had long been in urgent need of the kind of lifeline that Dr. Hon, SAN threw at them, for their survival and for the survival of Nigeria. We cannot pretend about that.

For the lifeline to be of any value however, it must go with autonomy and independence for judges, especially at the State High Courts, where the muzzling of judicial officers by the executive arm of government has reached an epidemic proportion. What this has done is to turn the governors into some kind of emperors who can do no wrong. No matter the amount of money thrown at judges, it will not make the desired impact if they are not free to decide cases in line with the prevailing law and their conscience. A rich man in chains is worse than a poor man who is free. We must all agree to allow our judicial officers the independence that they so richly deserve if justice is to bear its proper meaning. The seeming neglect of the judiciary by the other arms of government is rather unfortunate as in most cases, they need the courts more for them to function effectively. Just imagine the confusion that the Electoral Act 2022 has created already or even the issue of candidates participating in multiple primary elections. What about the case of public servants who want to actualize their political ambitions through the ballot? A nation with poorly paid judges is courting trouble for itself.

Be that as it may, my focus here is beyond salaries and allowances of judges as that is only an aspect of the issues plaguing the judicial sector. My humble appeal is for My Lords to take this lifeline as a challenge of some sort. We as citizens have agonized on behalf of the judiciary for so long on how to achieve effective administration of justice. How do we eliminate the delays, the frustrations and the disappointments that lawyers and litigants go through every day in the courts? The situation in the Lagos State High Court for instance has reached a dead end. New cases filed in these courts remain in the Registry for months unattended to. The e-filing system has become the albatross of the judiciary in Lagos State. Presently, to get a permanent suit number, you have to embrace some prayer and fasting. And while you’re at it, the mischief that was sought to be tackled through the case would have been consolidated by the adversary. What this means is that the court has gradually become a shield for wrongdoers, by default. When a system is subjected to such a grinding delay, then desperation will set in, by those who are eager to have their matters heard expeditiously. Corruption will surely follow such experience as court officials would readily cash in on the misfortune of litigants and lawyers to make brisk business. It is good that the Judiciary Committee of the Lagos Branch of the Nigerian Bar Association is already collaborating with the authorities of the judiciary in Lagos State to tackle this menace. Let other States take a cue to avoid this pitfall in the implementation of their e-filing systems.

Credit:BarristerNG

PROFESSIONAL MISCONDUCT: LPDC Should Recommend Immediate Review of Notable Cases won by Wole Olanipekun SAN and Co

With the laudable decision by the Nigerian Bar Association, NBA, to Charge Ms Adekunbi Ogunde, a partner in the law firm of Wole Olanipekun SAN, Chairman of the Body of Benchers, before the Legal Practitioners Disciplinary Committee LPDC, for professional misconduct arising from an email she sent to SAIPEM Contracting Nigeria Ltd on behalf of the firm, promising the company that their principal will use his position as Body of Benchers Chairman to influence Judges to give the company a favorable outcome in its case with Rivers State Government, the LPDC Should also recommend the immediate review notable cases won by the firm.

The Partner had in the email confessed that the firm had successfully influenced Judges in other cases and listed the beneficiary companies as MTN Nigeria, Equinor and Shell Petroleum.

With the confession of Ms Ogunde, the LPDC should immediately recommend an independent review of all notable cases recently handled by the firm of Wole Olanipekun SAN and Co, Particularly the ones referenced by Ms Ogunde to determine whether Justice was procured by influence of the Chairman of the BoB, using the influence of his office as confessed by his Partner.

The Law is trite on the authority of R v Sussex Justices ex parte McCarthy ([1924) 1 KB 256, [1923] All ER Rep 233) that Justice should not only be done but should manifestly and undoubtedly be seen to be done in all cases and if this is not the case, then it is not justice.

The confessions of Ms Ogunde means only one thing, to wit, the Law Firm of the Body of Benchers Chairman depend solely on his undue influence on Judges and Judicial officers using his office to deliver the desired result for whichever party they appear for in a court case. A lawyer, while reading Ms Ogunde’s infamous email to Saipem, lamented that it simply means that while others lawyers are searching through the pages of laws and law books to find solutions to their clients problems, The law firm of Chief Wole Olanipekun SAN and Co are searching through the judicial contacts of the BoB Chairman to find a judicial officers to influence. This cannot to be justice and decisions reached through undue judicial influence should be reviewed.

Furthermore, Nigerian Justice system heavily depend on the doctrine of Stare Decisis in it’s dispensation of justice. This Doctrine makes all Judicial pronouncements and Decisions binding on lower courts and when the decision is by the supreme court, it is binding on all Nigerian Courts and litigants can rely on it to persuade courts to deliver judgements in his/her favor. What if these Judicial Decisions were procured by undue influence on Judges by the BoB Chairman?. The implications are grave.

This professional misconduct by the Law firm of the BoB Chairman has painted the Nigerian Legal justice system before the global community as a system where judgement is only obtained by undue Judicial influence. The LPDC should change this perception by recommending independent review of all the notable cases recently handled by the firm and particularly the ones Ms Ogunde confessed the firm got result using the influence of the Office of the Body of Benchers Chairman.

Credit:BarristerNG

CJN, Falana, Ozekhome, Maikyau, Gadzama, set for NBA SPIDEL Annual Confab

The Acting Chief Justice of Nigeria, Justice Olukayode Ariwoola is set to declare open the eagerly awaited Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL) Annual Conference. The Annual Conference will hold from August 3 to August 5, 2022, at the NBA Headquarters in Abuja.

Meanwhile, another Supreme Court jurist, Justice Inyang Okoro will deliver the Keynote Address at the Opening Ceremony on August 4, 2022, on the theme, “Undermining judicial authority in democracy: Causes, consequences, and solutions.”

Other confirmed Speakers at the annual conference include foremost human rights activist, Mr. Femi Falana SAN; fiery human rights advocate, Chief Mike Ozekhome SAN; NBA President-elect, Mr. Yakubu Maikyau SAN; pioneer NBA-SPIDEL Chairman, Chief Joe-Kyari Gadzama SAN; former Attorney General of the Federation and Minister of Justice, Mr. Kanu Agabi SAN, and Executive Secretary of National Human Rights Commission (NHRC), Mr. Tony Ojukwu SAN.

Other confirmed speakers for the eagerly awaited Annual Conference are the Chief Executive Officer of Nigerian Financial Intelligence Unit (NFIU), Mr. Modibbo Tukur; Lagos State Attorney General & Commissioner for Justice, Mr. Moyosore Onigbanjo SAN; his Abia State counterpart, Mr. Uche Ihediwa SAN; former Jigawa State Attorney General & Commissioner for Justice, Mr. Sani Hussaini Garun-Gabbas SAN, two-time Lagos State Commissioner, Dr. Muiz Banire SAN and former All Progressives Congress National Legal Adviser, Mr. Babatunde Ogala SAN.

Also confirmed to speak at the Annual Conference are the President of the National Industrial Court, Justice Benedict Kanyip; Justice Mabel Taiye Bello of Federal High Court, Owerri Division; Associate Professor & Dean of Faculty of Law, Ave Maria University, Dr. Sam Amadi; Deputy Vice Chancellor of Afe Babalola University and United Nations Independent Expert on Business and Human Rights, Prof. Damilola Olawuyi SAN, and immediate past NBA-SPIDEL Chairman, Prof. Paul Ananaba SAN.

Others are former Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Adedeji Adekunle SAN; former Senior Special Assistant on Justice Sector Reform & General Counsel to Lagos State Governor, Mrs. Oyinkan Badejo-Okusanya; former NBA General Secretary, Mazi Afam Osigwe SAN; pioneer United Nations Special Rapporteur on Summary, Arbitrary and Extrajudicial Executions in Nigeria, Prof. Valerie Azinge SAN, and Secretary of the Independent Investigative Panel (IIP) on Human Rights Violation by Defunct Special Anti-Robbery Squad (SARS) and Other Specialized Units, Mr. Hilary Ogbonna.

NBA 1st Vice President and IIP Member, Mr. John Aikpokpo-Martins; Executive Director of Gender Awareness Trust (GAT) and IIP Member, Dr. Lydia Umar, and the Chief Executive of Law Pavilion, Mr. Ope Olugasa have also confirmed attendance at the annual conference.

Aside from speeches from NBA President, Mr. Olumide Akpata; NBA-SPIDEL Chairman, Dr. Monday Ubani, and Conference Planning Committee (CPC) Chairman, Mr. Chukwuka Ikwuazom SAN, Goodwill Messages will also be received from UNICEF Chief Child Protection Officer, Ibrahim Sesay and National Programme Manager, British Council’s Rule of Law and Anti-Corruption Programme (RoLAC), Mr. Danladi Plang.

Among the topics to be dissected by the array of confirmed speakers are “Disobedience to court order and the slide to state of anarchy;” “Strengthening judicial authority in a democracy through effective and sustainable strategies;” “The impediments to seamless execution of court orders in Nigeria: Any way out?;” “A disruptive approach to public safety and access to justice using technology,” and “Independent Investigative Panel (IIP) on Human Rights Violation by defunct Special Anti-Robbery Squad (SARS) and other specialized units: The process, enforcement of the panel’s decisions/rulings, challenges, achievements and lessons learnt.”

The facilitators for the sessions are Executive Director of PRAWA and Co-Chair of the NBA-SPIDEL Development Law Group, Dr. Uju Agomoh; NBA-SPIDEL Council Member, Mr. Emeka Nwadioke and NBA-SPIDEL Publicity Secretary, Mr. Godfrey Echeho while NBA-SPIDEL Secretary and Local Organising Committee Chair, Dr. Princess  Frank-Chukwuani will deliver the vote of thanks.

The conference is laced with lunches, closing dinner and networking opportunities. To register for the annual conference, please visit www.nbaspidel.ng or www.nbaspidel.ng/nba-spidel-conference-2022. For enquiries, call 08034461082, 08063088182 or email [email protected].

Does Buhari understand these difficult times?

Inside Stuff With Martins Oloja

This is a time to be cynical and censorious about the state of the nation. It is also a defining moment to counsel crisis merchants who live by the temple of sycophancy that they should sheathe their swords at this perilous time. We need to tell them that they should allow us to reflect on our own Asa’s 2007 redemption song she boldly relived inside Aso Villa last week that: ‘There is fire on the mountain…and no one seems to be on the run…’

It is therefore not a time for any public relations gimmicks about global meltdown that some scoundrels are beginning to blame on this house that has fallen.

It is a time to ask whether our leader who promised to fix this country seven years ago is aware that the country he promised to fix is no longer a desirable place for citizens. It is regrettable that citizens of different faiths are now asking for Chinua Achebe’s last classic, ‘There was a country’. It will therefore be relevant to allow just one presidential chat, which will allow us to ask our president if he really understands that he is presiding over a failing and volatile nation at this time?’ How does he sleep well these days? How does he reflect on the state of the economy and how people are coping with difficulties arising from crass incompetence of his administration?

What else shall we write about? We have written about how our leader should read writings on the wall of the nation. We have written about how he should watch that debilitating ailment called ‘near-success syndrome’,(NSC). We have written about the mediocrity of his presidential bureaucracy and how he should restructure the civil service for service delivery. We have written about his lack of respect for the rule of law. We have written about why he needs to respect the federal character provisions in our constitution. We have written about how only quality in education can trigger country and global competiveness in the context of development. We have written about how the toxic unitary system of government the federal republic of the Nigerian army forced on us in 1966 should be dismantled for him to restructure the federation. We have written about the expediency of overhauling the federal bureaucracy to reduce cost of governance. We have written on the need to show clarity in the opaque fuel subsidy complexity to reduce corruptibility in the oil and gas sector. We have written on the futility of suspending the Petroleum Industry Act (PIA) implementation while NNPC transits with just a change of name while all former documented failings remain solid, sorry valid. We have written on the reproach of president’s medical care in the United Kingdom for seven years without equipping even one apex hospital at home. We have written on the danger of allowing our Central Bank Governor to participate in partisan politics of presidential primaries without resigning from office. We have written on the danger of keeping a cabinet of mediocrities. What else shall we write about? How many revelations should a country’s media publish or broadcast before a country’s leader can pursue a common good?

I began to ask these questions here in 2020 in an article titled: ‘Does Buhari understand the times?’

Behold, it is no longer relevant to suggest anything to a leader who does what he likes even about constitutional provisions. It is considered futile to persist in suggesting any deals to a leader who hardly listens until the big men in the West, especially from North America threaten Abuja.

In 2020 I wrote here: “…We should not hesitate in telling the president that at this time that he needs to learn a few strategies from the ancient words, which are ever so true. Such classics help leaders to do extra-ordinary things that often propel them to make history….”

But after seven years it is clear to all commentators that most of our leaders in Nigeria don’t care about the weight of verdict of history. They don’t listen. They listen only to sycophants who supply dubious consultants to them. As I was saying, they don’t listen to genuine experts and patriots who can help them make some difference. They kill prophets and oracles around them.

So, they also listen to unethical orators who mesmerise them with sophistry that doesn’t build any monuments. This has been our experience, especially in the last 23 years that the locusts have eaten.

Democracy has thus been demonised and is now being seen as a weapon of mass deception of a country, no thanks to our democrats who celebrate mediocrity, impunity, profligacy, selfishness and arrogance.

From president Olusegun Obasanjo, through Musa Yar’adua to Goodluck Jonathan, we have witnessed all these banes. They never listened to voices of reason and wisdom. As I have noted several times, “there were glimpses that Yar’adua was going to make some difference but the cold hand of untimely death unfortunately registered his goodness in a graveyard”. He too didn’t listen to the voices that told him the letter of the organic law that only people of sound mind (health) should contest elections to be leaders.

We are beginning to notice that our President doesn’t want to listen again to the people who want him to finish strong. As I was saying, this is just a time to ask whether Nigeria’s leader really understands the times and season we are in. I would like to share this ancient word with our leaders on the expediency of ‘understanding the times’ and knowing what they ought to do for the country and states they govern.

In other words, as I was saying here, our leaders need to understand that most times, they don’t have to work with only their ‘permissive will’. They need to work with the perfect will of God for the people to prosper and be in good health.

This is the origin of why men should have understanding of their times: “… men of Issachar, who understood the times and knew what Israel should do—200 chiefs, with all their relatives under their command” (1 Chronicles 12:32 NIV).
As I was saying, often when believers talk about “understanding the times,” it is a common assumption that we are focusing on prophecies relating to the second coming of Christ. As much as we love studying these kinds of prophecies, they only present a limited scope of what God intends for us to be aware of in our culture and throughout the world. “Understanding the times” according to Dave Butts, is a mindset and a lifestyle that includes, but is not limited to, issues relating to the second coming of Christ.
There was an amazing group of people in the ancient times who lived that kind of lifestyle. They are called in Scripture the “men of Issachar.” In the Chronicles, it was said that these men “understood the times and knew what Israel should do.”
We should therefore believe our Creator is still raising up a new generation of this kind of spiritually sensitive, discerning people today – so that we know what we ought to do in the world’s most populous black nation on earth.
Scripturally speaking, true understanding comes from the fear of God. When we place ourselves before God and surrender our lives to His sovereignty, we begin to gain a more accurate understanding of what is happening, not only in our own lives but in the world around us.

As the Spirit of God permeates our lives and we do the right things, there is an increased awareness of His perspective on events. We no longer look at things around us from the limited perception of our own experiences, but are able to discern matters from the viewpoint of the one we call in our national anthem, ‘the God of creation’ we intentionally ask to ‘direct our noble cause’.
That is why we may quickly add to our leaders and managers, rather than watching the news or reading the newspaper and shaking your head over bad events, why not add to your watching and reading a prayer for discernment? As world events unfold, instead of submitting to despair or anger, seek the God of creation’s insight over what is occurring. The result will be an understanding of the times we live in.

The historical context, however, does not end with the men of Issachar merely understanding the times. They also knew what Israel should do. This adds wisdom to knowledge. Knowing information is one thing. Having the wisdom to know what to do with that knowledge is immensely valuable, in this regard.

We live in turbulent times and there appears to be little understanding of the times. There is probably even less wisdom to know how to deal with those times. Which is why we hardly make progress even in our development strides. The economy is a shambles. Unbridled corruption has complicated economic woes. Nigeria isn’t a member of G-20: South Africa is and we are told our economy is bigger than theirs. Our currency is bleeding. BRICS countries, the authentic emerging markets are receiving applications from Iran, Argentina and other minors, Nigeria can’t apply because it isn’t qualified. The engine room of governance, the civil service has curiously collapsed. Chief of Staff to the President is now posting Permanent Secretaries in Abuja without recourse to the Head of the Civil Service of the Federation. In brotherhood we no longer stand. Tribes and tongues have become more complicated. Education is no longer attractive as teaching has become the most reproachful job. Our health sector is unhealthy as most of the good physicians have fled Buhari’s Nigeria. More are processing their papers to flee. The energy sector is fast killing industries as national grid has collapsed even as ‘national greed’ is growing luxuriantly like yam tendrils in this rainy season. No one remembers Nigeria’s legislature at all federal and state levels for any redemptive acts. They have become part of the ‘execu-thieve’ absurdities that have crippled us. Our citadel of justice isn’t reliable anymore. It appears that our public enemy number-one, corruption has been found in the temple of justice where ministers in the temple have been making election losers to be winners, inexplicably. Even justices are crying foul that their and our chief justice too is allegedly corrupt. Despite the petition of the 14 justices out of 15 against our CJN, he (CJN) the President the other day honoured the retired CJN, Justice Ibrahim Tanko Muhammad with Grand Commander of the Order of Niger (GCON). Besides, the Justice service rewarded the former CJN with N2.5 billion worth of retirement benefits. All of these are prevalent in Buhari’s Nigeria that he will hopefully hand over to a new leader on May 29, 2023. Let me ask again: does the president understand these difficult times in Africa’s most populous nation and the only hope of the black race?