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WHETHER EVIDENCE ADDUCED DURING TRIAL WITHIN TRIAL CAN BE USED IN THE MAIN TRIAL

“So PW1 was cross-examined by appellant’s counsel at the trial-within-trial, but the law says that a trial within trial is a separate and distinct proceedings from the main trial, therefore, evidence adduced therein “cannot be translated, injected or imported into the main trial”. See Ifaramoye v. State (2017) LPELR – SC, (2017) 8 NWLR (pt 1568) 457. Thus, whatever PW1 said at the trial within trial in evidence in chief or cross examination, stays there and cannot be used, in anyway or form, in the main trial.”

AYOADE V. STATE (2020) 9 NWLR (PT 1730) 577 SC @ 603 PARAS F – G, Per Augie, JSC.

#EndSARS protesters block CBN head office

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Protesters demanding an end to police brutality have blocked the two entrances of the Central Bank of Nigeria (CBN) head office in Abuja.

Chanting anti-government songs and wielding different placards, the protesters have vowed to prevent activities at the nation’s apex bank on Monday.

The protesters packed vehicles in front of the main gate of the CBN headquarters, blocking movement in and out of the premises and from connecting roads.

While hundreds of the protesters are in front of the building, some of them are also camped on the road by the rear exit of the building.

As of 9:30pm, music was blaring from loudspeakers at the premises while some of them vowed to spend the night there.

Security operatives guarding the building are on standby in case of any break out of violence.

North’s Stand On #EndSARS Validates Calls For Restructuring — Ozekhome, SAN

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..Says DHIS, governors at liberty to advocate what is good for their people

Renowned constitutional lawyer and human rights activist, Mike Ozekhome has said the position of prominent leaders on the recent disbandment of the Special Anti- Robbery Squad, SARS, by the federal government has again validates the need to urgently restructure the country.

Ozekhome who spoke against the backdrop of remarks credited to the chairman, Northern Governors’ Forum and governor of Plateau state Simon Lalong that the North is against the dissolution of SARS, noted that in preferring to stick with SARS, the nation should now be restructured to enable the component parts decide on what works for them.

Governor Lalong had while briefing President Muhammadu Buhari recently on the issue said: “Some people said they don’t want SARS, some said they want SARS but a reformed SARS. They want a reformed SARS because as far as they are concerned, some of these SARS operatives help them in addressing insecurity.

“Our opinion and conclusion at this stage is that let us not just say that we are throwing away the baby with the bath water. If there are good ones, you don’t chase them away.

“So as SARS is banned, we are now looking forward to an opinion because most of the states in the North said no. They want SARS because SARS helps them.

It would be recalled that few days after the disbandment of the police special unit, a non-governmental organization, Digital Home with Internal Solution, DHIS founded by Ambassador Ibrahim Bala Aboki faulted what it called the “hurried” dissolution of the Special Anti-Robbery Squad, SARS, of the Nigerian Police Force by Inspector General of Police, Muhammed Adamu, saying the development is capable of posing a serious security threat across the country.

Addressing a world press conference in Kano, Aboki noted that though, some bad eggs had over the years portrayed SARS in bad light; reform, he said should have been the way out order than outright disbandment.

“DHIS condemns in totality the uncivilized approach by most political commentators through their reckless use of social media to fuel this ugly development. To us in DHIS, the disbandment of SARS is a serious security threat to the nation, especially because of the onerous task of this special arm of the Nigerian Police Force. Nigerians will recall that before the creation of SARS in 1992, there were so many cases of armed robbery, kidnapping and other security vices. But the activities of this special force have reduced the operation of these criminal gangs across the country.

“We are aware that there are some few bad elements in the force that have been terrorizing innocent citizens of Nigeria, but we are totally against the disbandment of this special unit in the Nigeria Police Force. Rather, we want to advocate for a total overhaul of not just the operation of SARS, but the entire police force in order to meet with the demand of Nigerians on community policing.”

Speaking exclusively with Vanguard in Abuja, the Senior Advocate of Nigeria said: “If the North says they want SARS, and the entire South-South, South-East and South-West say they don’t want, it is a reaffirmation of the urgent need for the restructuring of Nigeria that we have been talking about.

“It means that the requirement of one state or region are not exactly the same with others. This is the reaffirmation of the urgency of now and yesterday to urgently restructure Nigeria and allow each state and each geo-political zone to do things the way they deem fit.

“The South-West has started Amotekun, the South-East and South-South, as well as the Middle Belt, should start their own. This will not in any way means that Nigeria has balkanised. It simply means that like the United States of America, every state does its own thing its own way.”

Protest against SARS and police brutality has continued nationwide in the past one week with some governors reportedly embarrassed by a mass of youths registering their displeasure on the state of affairs in the country.

#EndSARS: NHRC Directs State Offices To Monitor Human Rights Violations During Protest From October 19

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National Human Rights Commission (NHRC) has directed all its offices in the respective States including Federal Capital Territory, Abuja, to monitor the ongoing #EndSARS protest across the nation, as it relates to human rights violations.

This was disclosed in a tweet on Sunday by the Commission which was sighted by TheNigeriaLawyer, titled “NOTICE TO ALL NHRC STATE OFFICES AND HEADQUARTERS ABUJA. MONITORING OF HUMAN RIGHTS VIOLATIONS DURING THE #ENDSARS  PROTESTS.”

“Please note that at the state & monitoring Dept at headquarters, you are required to go out and follow the #EndSARS  protesters to monitor the protests in the various states and Abuja to protect their human rights.”

In addition, it was added that the essence is to monitor and protect the human rights of the protesters.

“Please note that at the state & monitoring Dept at headquarters, you are required to go out and follow the #EndSARS  protesters to monitor the protests in the various states and Abuja to protect their human rights.”

In addition, it was added that they “are to bring reports of any human rights violations by security and law enforcement personnel or thugs against the peaceful #EndSARS protesters. You are to send a weekly reports of the monitoring exercise.”

Furthermore, it was directed that an officer is to be saddled with the responsibility and reports should be sent every Sunday.

“An officer should be charged with this activity in the state or Monitoring Dept to ensure you send your report by Sunday evening every week. This exercise to go with and monitor the safety of the #EndSARS  protesters will commence from tomorrow Monday 19th October 2020.”

“All reports to the commissions’ email are to be marked for the attention of monitoring Dept”, it was concluded.

#EndSARS: Defence Minister Warns Protesters On National Security

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The Minister of Defence Maj Gen Bashir Salihi Magashi (Rtd) has cautioned EndSARS protesters against breaching National Security.

General Magashi gave the caution when the National Coordinator Buhari Campaign Organisation (BCO) Danladi Pasali led the Executives drawn from its Headquarters, Zonal and State levels on a courtesy visit to him at the Ministry of Defence, Ship House, Abuja.

He extolled the virtues of President Muhammadu Buhari whom he described as a forthright leader and thanked members of the Buhari Campaign Organisation for promoting his political ideology, democratic governance, Rule of Law and philosophy.

The Minister of Defence who told the group of his pioneering membership of the Buhari Organisation which dates back to the years of All Nigeria Peoples Party (ANPP) told them to fortify their flanks and ranks against subversive penetration of mischief-makers capable of causing distraction, disaffection and division among them.

He assured them of the support of the Ministry of Defence in actualising their lofty programmes in raising the bar of national security.

He said they should leverage on their structure in the 774 Local Council areas and 36 States of the Federation as well as the Federal Capital Territory to gather intelligence and channel it to the appropriate authorities for action.

Earlier, the National Coordinator of the Organisation, Danladi Pasali said the objective of the courtesy call was to congratulate the Minister on his one year in office and to thank him for emplacing what he called gigantic reforms in the Military.

While thanking General Magashi for his focused leadership in contributing to the National Peace and Security, they offered to render service to the relevant Authorities to burst crimes capable of threatening Peace and Security in the country.

The National Coordinator who recalled the dogged and dedicated role played by the group in the electoral victories of President Muhammadu Buhari in the 2011 and 2019 Presidential elections said the Organisation is spurred to establish National/ Community Support Security Initiative to key into the fight against Boko HaramTerrorists in the North East, Banditry in the North Central and kidnapping in the Niger Delta Region.

Venezuelan Envoy Asks ECOWAS Court To Stop US From Extraditing Him

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A Special Envoy to the Government of Venezuela, Alex Nain Saab Morán, has through his lawyer Femi Falana, SAN, urged the West African regional court, the ECOWAS Court of Justice in Abuja to halt the plan to extradite him from Cape Verde to the United States of America.

Morán, a dual Colombian and Venezuelan nationality, who has been in detention since his arrest by Cape Verde authorities four months ago, urged the court to suspend the extradition process as a precautionary measure pending the court’s decision on the merits.

According to Morán’s legal team led by Mr Femi Falana, a Senior Advocate of Nigeria, Morán, who is a Special Envoy to the Government of the Bolivarian Republic of Venezuela is being “arbitrarily detained” by Cape Verde pending extradition to the United States.

Falana in the application filed on behalf of his client on September 30, 2020, said the extradition request initiated by the US authorities was an offshoot of “the political conflict between the United States of America and Venezuela”.

Cape Verde is the sole respondent in the suit.

He argued that as of the time of his client’s arrest on June 12, 2020, “the complainant was carrying out a special mission on behalf of Venezuela and was not the subject of an arrest warrant or even a red alert in Cape Verde”.

Falana who alleged that his client’s detention in Cape Verde was illegal and arbitrary, argued that Morán “enjoys immunity and inviolability in his capacity and status as Special Envoy to the Government of the Bolivarian Republic of Venezuela”.

He added, “So far, Cape Verde’s executive and judicial authorities have ignored the Complainant’s claim that he cannot be subjected to extradition proceedings in Cape Verde and that, therefore, his protective custody for the purpose of extradition violates his fundamental right of freedom.

“In this sense, Article 22 (1) of the Constitution of Cape Verde provides that everyone has the right to request the Constitutional Court, through a writ of amparo or protection appeal, through a habeas corpus, to protect their constitutionally recognised fundamental rights, freedoms and guarantees.”

He also maintained that the “Red Alert issued by INTERPOL against the complainant is illegal since it was issued after his arrest and violates international law and consequently the rules of INTERPOL”.

He argued further that if the complainant is extradited to the US, “he will be subject to torture due to his political position and the sensitive information he has, which would also constitute a violation of Article 5 of the African Charter’.

The lawyer urged the court to halt the extradition of the complainant as requested from Cape Verde by the US, “ and release him under the supervision and responsibility of the Ambassador of the Bolivarian Republic of Venezuela, accredited to the Republic of Cape Verde”.

Falana also wants the court to order Cape Verde to ensure that the complainant is treated as a Special Envoy in transit, in particular, ensuring his inviolability, freedom of communication and security.

He also wants the court to order Cape Verde to refrain from taking any other measures “that may harm the rights claimed by the complainant and / or aggravate or extend the dispute submitted to the Court, or compromise the implementation of any decision that the Court may render”.

According to Falana, the ECOWAS Court of Justice has prima facie jurisdiction to hear the case since the respondent (Cape Verde) is a party to the ECOWAS Protocol on the Court of Justice, and the purpose of the complaint’s application concerns alleged violation of his rights which are within the jurisdiction of the court to protect.

He also noted that Cape Verde is part of the Treaty on the Economic Community of West African States which establishes the ECOWAS Court of Justice under Article 15 (1) of the treaty.

As #EndSARS rages against police brutality, journalists recall gory police torture for reporting the protest

You are lucky it’s not yet night,” said M. B. Shehu, a dark-skinned mobile police officer. nd lanky. A one-star Assistant Superintendent of Police, he was probably younger than me but that meant nothing. My companion and I got what he meant because, earlier, the savages he supervised had assaulted us and boasted that they would’ve killed and erased every trace of our existence if they had caught us in the dark.

“I don’t even care,” he said about the possibility of our murder. “I will waste you right here and nothing will happen.” He spoke confidently, as if he had the mastery of “disappearing” citizens, which, in a deadly irony, instigated the #EndSARS protests I had just attended in Abuja.

A few minutes earlier, surrounded by a number of savages Nigeria had granted the permission to bear guns, I wasn’t too sure of seeing the next minute. They hit us with sticks, as though anticipating “self-defence” to justify the use of a more lethal weapon.

Our nightmare had begun on the way to Louis Edet House, the Nigerian Police headquarters. Our #EndSARS procession was intercepted by projectiles of teargas canisters and truck-mounted water cannons, with battle-ready brutes marching to confront us. They looked like villainous extras in a Rambo movie. Even the protesters who rushed to lie flat in resistance had had to move when they realised the trucks had the same sense of humanity as their owners. Not even the journalists covering the protests were spared.

About an hour later, I called a police officer friend at the Complaint Response Unit in Louis Edet and informed him that cars belonging to journalists and some protesters were parked at Ralph Shodeinde Street in the city’s Central Business District, and he offered to speak to the rank-and-file who had blocked all roads leading to Louis Edet.

The officers at the first check-point obeyed the instructions of their superior on the phone and let us through. When we got to our cars, we found them vandalized. My car was dented and three of my tyres slashed. We were then ambushed by the police officers responsible.

The officers were deaf to our explanation that we were authorized by their colleagues a check-point away. I called my friend again and passed the phone to the officers. They collected my phone and smashed it. They struck it repeatedly until it was scattered, with their superior still on the line.

Sani Inuwa, one of my companions, fled in the car that brought us there as the brutes cornered Ibrahim Usman (aka Morocco) and me. “So na una make them ban SARS?” they said. They began to hit us from all angles. I attempted to show an ID card to prove an affiliation to the media, hoping that would stop them. But it only drew their ire. “Na una we dey look for sef,” one said. At that point, I knew I was in trouble. We were in a barricaded area with no civilian witness, and as I blocked the multiple hits with my arms, I lost the endurance to keep up.

Suddenly, they stopped. One of their colleagues was approaching us and had issued an instruction. He wasn’t in a uniform. They agreed to send us to the Louis Edet House for torture, and then hand us over to the Special Anti-Robbery Squad, the same unit that had been announced as disbanded, threatening that we must feel the aggression of that brutal sect before they finally close shop.

When we met ASP Shehu on our way to their torture chamber, he said, “Why didn’t you go to the SARS office to protest?” As Morocco attempted to say it’s because Louis Edet House is the highest authority of the police, they descended on him, slapping, kicking, and hitting again and again.

I had learned long ago that provoking these brutes in an isolated area is Russian roulette. So, throughout the encounter, I refused to be offensive, refused to take their bait, refused to fight back, and even refused to resist arrest. I was lucky that Inuwa, at least, had fled and must have informed our colleagues and other people that we were with the police.

When we got into the Louis Edet premises, there was an instant disapproval of our dehumanizing treatment from a lone voice. He was also a mobile police officer and bore the tag “Ibe King N.” He asked us to be brought to an office instead of the proposed torture chamber. The junior officers had not only broken my phone, they had also broken one of Morocco’s phones and his Apple wristwatch. Luckily, Morocco had hidden a second phone.

The plain-clothed officer, who was probably from the intelligence unit of the police, confiscated Morocco’s WiFi device, saying it’s a recording device. We were searched and made to submit all we had on King’s desk. They made me remove my prescription glasses, which, in their stone-age thinking, was worn for fashion. I complied.

King, a two-star ASP, left the room and spoke to the officers who arrested us. He returned and asked us to sit on the bench. He was the first to allow us to introduce ourselves—to listen to us at all. He was alarmed that we had been profiled and presented as criminals. He gave us our wares.

“I would’ve let you go right now,” he said. “But these guys outside are still going to manhandle you.”

Meanwhile, Aisha Yesufu, Maureen Kabrik, and Florence Ozor, fellow protesters who had been alerted by Sani, called Dr. Oby Ezekwesili, the former Minister of Education and a long-standing soul of Nigeria. She was ill but came to Louis Edet for our sake. Strangely, King’s decision to release us wasn’t a consensus because Auntie Oby was told we were not in police custody and not in the building. She protested and insisted the police must produce her “two sons”. They knew her well enough to know she wasn’t bluffing.

King left the room again to find out the reason for the altercation outside and then returned to ask us to come with him. His colleagues, who had lied that we weren’t in their custody, were visibly disappointed that he brought us out and handed us over to our rescuers.

Our crime, unfortunately, was choosing to abide by the law in demonstrating disappointment in the system that arms this breed of animals and expects civilised engagements with the public. We were powerless. We are powerless because we didn’t pick up arms against the state. These government-sponsored thugs who dehumanized us are strangely incapable of doing the same to the citizens who’ve chosen arms and function as invincible in armed robbery, banditry, kidnapping and terrorism.

The formula applied in our brutalization has radicalized various generations of Nigerians and has contributed to the making of the Boko Haram. But this encounter has also renewed my faith in Nigeria. Our “death warrant” was signed by ASP Shehu, whose full name is Mala Baba Shehu, a fellow Muslim and northerner who, as I have found out, is from Borno State—the same state as Morocco. But the warrant was voided by a Christian and Southerner – ASP Ibe King.

But that is insufficient. Privileges and connections can only go so far in situations like this: Because even if I had the Inspector-General of the Police on the phone with me that day, it would have meant nothing, absolutely nothing to those savages endorsed by the Nigerian state.

Source: DAILY TRUST

#ENDARS: Survivor of Awkuzu SARS brutality tells most inhuman story, compares it to Nazi camps

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My 81 days Awkuzu SARS experience

By Dr. Justin Nwankwo 

I arrived Awkuzu office of the police Special Anti-Robbery Squad (SARS) on August 1, 2013 with my boss Chief Bonaventure Mokwe-Dikeh in a weakened body after six hours locked up in a police ‘Black Maria’ van, with 12 other staff of Upper Class Hotel, Onitsha. 

I had kept my mind alert refusing to faint or collapse in the van. Upon arrival, I could read the bold inscriptions on the wall of that abattoir camp which says “Welcome to hell fire”.

I quickly told myself that we are in for the worst. I have heard tales of this abattoir. I always thought and believed that it was the land of mongrels and that it was absolutely reserved for hardened criminals until I arrived. 

But no, I was mistaken. It was a center for butchering both the innocent and the guilty, a theatre of human death and sale of human parts.

Remind me, I shall tell you about the doctor who was always on flowing white agbada at Awkuzu SARS, who comes to treat gunshot wounds. His expertise is in negotiating sale of human parts. 

I was marshaled straight by the almighty O.C SARS to an open rickety hall upon our arrival. All other victims were separated, each to his or her own fate.

Torture in the abattoir is what only the lucky survives. Standing by one end was a police officer with two suspects who were chained together, tempo of the interrogation was getting higher.  Momentarily forgetting my own ordeal, I kept a gaze on all corners of the hall abandoned with an ominous look of a World War II torture camp.

Ropes streamed down from ceiling tops, bags of sand were elevated on perimeter wall fence of the hall and all types of rod and metal varying in shape, length and size were staring at us while we hear shouts of people from the back of the hall screaming the name of their late great grandmothers to come and intercede on their behalf.

Buckets of water are kept on standby in case one faints or opts to die before appending signature to already written statements. I was still mentally surveying the entire facility when I was jolted back to reality by the sound of a rapid military rifle, ‘tem tem tem’. 

“You no wan talk…you wan follow am go, you wan travel”?, were the words resonating from the other end of the hall. I tried looking but slaps from my Investigating Police Officer (IPO) reminded me that I was not in this camp for excursion or tourism. 

“That guy don travel ooo”, said my IPO. “So make you tell me the truth otherwise I go travel you”, were the words from the officer.

Meanwhile, the O.C SARS, the second in command and about four other police officers started asking me questions ranging from personal to family to academic background.

When I got to the part that I was a PhD student, the questions ceased and the O.C shout, ”Mr. Tell us what happened”,  or in his Abakaliki accent,”ma agbajisie gu okpa la abo (I will shoot your two legs).

I started my story of what happened but that was not what they wanted to hear. The questions were already made and I must be categorical in my answers

“Your director kills people”, “No Sir”, I retorted! And the torture started properly. 

Make him talk, ordered the OC James Nwafor, before he went to supervise the torture of Chief Bonaventure Mokwe at the back of the hall. 

Ropes were tied to my two hands, the two legs, then both legs and hands bent and tied together with a rod passing through them and then elevated to a perimeter wall.

In fact, if you have watched a goat being prepared for suya barbecue, then you are close to the picture.

At the turn of each question and non-compliance, a bag of sand is added at my back to add extra pain. Cries upon wails until you pass out. “Ooh you want to die?”. A cold bucket of water quickly spoils your trance and brings you back to reality.

From minutes to hours, the torture lasts on top of the beam. In the cell, we call it ”hanging”, the  boss of the cell will always differentiate ”ndi agbara” hanging with others because you will be laid flat at the cell for at least three days before your joints start to heal.

The ”hanging” never stops until finally you start saying that you killed XYZ so that you can be brought down meanwhile XYZ is alive.

From hanging on the beam, tying of rope in a strangulation mode around the neck, inserting of pin and rope inside the penis to shooting of bullets in a circular fashion, increasing the tempo of the questions at each turn, one is immersed into a theatre of pain and your pre-written statements, a product of individual pain threshold.

In the midst of my torture, I opted to set forth at dawn, dragging myself to crossover the threshold of death but they were Anthills in the Savannah.

On his part, Bonaventure Mokwe was undergoing his own routine hanging and strangulation and his shouts of “nne mooo, nne moooo, nne moooo”, was reverberating from the back of the hall. 

“I will kill you and nothing will happen”, were consistently echoing from the chief butcher James Nwafor. At this point, everybody was carrying his own cross, nothing I could do to help the old man but to soak my own some are better than the others. Cell 5 is the worst because it is tagged “condemned cell”. If you happen to be there, then you are not in Awkuzu SARS because that cell for them does not exist. High profile criminals caught with military rifles are kept there awaiting execution and because our case had all the above element, I smelled the cell for six hours and was transferred out in the morning of the next day while the director remained there till the 5th of August. 

From Cell 5, I was moved to Cell 1 and to Cell 4 where I rotted away without taking a bath or brush, defecating in a nylon polythene and not seeing the light of day for 81 days. 

Cell 4 and Cell 3 in Awkuzu SARS are dark cells. No light, no ventilation and no windows, completely dark from morning to evening. People who are tortured return back with ambulance services performed by inmates since you can neither walk, move or shift any part of your body. The demand for water is the case consistently but no one gives you. Your cell boss knows the implications of giving you water and so brotherhood of men is preserved for it transcends the sovereignty of nations. 

Cellmates die from suffocations. 

Cellmates die from torture effect. 

Cellmates die from gunshot wounds unattended to. 

Cellmates die from trauma. 

Cellmates are summarily pulled out and executed in the middle of the night. 

Another huge task for the police to comtain

Akwuzu SARS was a theater of death. An abattoir. 

Dying in the cell is a normal occurrence and the ambulance duty each morning is to take them to the back yard for the diabolical looking doctor to confirm. 

Cells 4 and 3 were total blackout cells filled with the stench of inmates purportedly caught with locally made pistols and kidnapping cases.

In my days at Guantanamo bay, I rekindled my pastoral skills and led the two twin cells of 3 and 4 in morning, afternoon and night devotions. Sleeping was with one eye open because gunshots fill the air at all times and people are summarily judged through the barrel of a gun. Answering your name at odd hours is risky and mentioning of your name reminds one of the ambulance job we do each day for fallen comrades.

A room of not more than two square feet size packed by 29 to 31 suspects. Heat kills, hunger kills, mental switch on and off kills, and police bullets do the rest.

Who will be the next to be killed?  At the abattoir, talk of going to court is freedom itself and remanding one…

Dr. Nwankwo told this story in a twitter tread. I hope he returns to complete it

@mr_cjayerus

Controversy Trails Ex-NBA President’s Nomination Of Himself And Wife As Members Of Body Of Benchers

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*As Current President Denies Nominating Himself, Sister, Into the NJC

Controversies continue to surround the representation of the Nigerian Bar Association (NBA) in the Body of Benchers and National Judicial Council, due to the nominations of certain persons into the two bodies.

Firstly, it has been alleged that the former NBA President, Mr. Paul Usoro, SAN nominated himself and his wife Mfon Usoro into the Body of Benchers, before his administration came to an end.

Decrying this, Prof. Chidi Odinkalu in a tweet on Sunday stated that the ongoing #EndSARS protest across the country is not the only problem facing the nation, drawing all Lawyers attention to the nomination.

“By the way, for the lawyers here, while we #EndSARS, hear this: the former President of @NigBarAssoc, as his parting gift, nominated himself & his lovely wife to represent the Association in the #BodyOfBenchers.

“The rot goes well beyond @PoliceNG.”

However, a source disclosed to TheNigeriaLawyer that the current NBA President, Olumide Akpata has told Paul Usoro, SAN of the impossibility of the couple representing the Association in the Body of Benchers, as such, that one of them has to drop.

Meanwhile, in a telephone conversation with the ex-NBA President, he disclosed that the statement suggesting that his wife was nominated to the Body of Benchers is lame & ‘idle’ noting that he was very selective in his choice of sending people to the Body, adding that “it wasn’t based on cronyism”.

“So, because she’s Paul’s wife, even though she’s in a position and she can contribute and she has a CV and she’s a Lawyer, not a Lawyer of yesterday and she has the spectrum that she can contribute, so she’s no more qualified”, he said.

He also stated that Mrs. Mfon Usoro credential makes her qualified for the nomination saying “she’s a fit and proper person who can actually be there to provide service”.

Besides, he noted that being the NBA President as at that time, he was qualified to be part of the Body of Benchers adding that he does not have a problem at all, if he wants to be removed.

In another development, it has been alleged that the incumbent NBA President, Olumide Akpata has equally nominated his sister into the National Judicial Council.

This is contained in a statement issued by the Founder, Rules Watch, Dame Carol Ajie which was made available to TheNigeriaLawyer, stating that the NBA President should consider the ‘Federal Character Act’ and ensure that the distribution of the five slots reserved for the NBA at NJC is shared across the six geo-political zones.

However, Mr. Olumide Akpata when asked denied the allegation of nominating himself into the NJC.

“This is absolutely false, NBA has not nominated anybody since my inception. There are some members whose tenure are yet to expire and the NJC has informed NBA to renew. I’ve not renewed, I’ve not sent any list to NJC. I’ve not written any letter to NJC appointing anybody including myself”, he added.

Meanwhile, the source further disclosed to TheNigeriaLawyer that Akpata did not nominate himself but rather nominated his sister.

He said “There is a possibility that should anyone retire from the Council in the foreseeable future, the NBA President may step in as a replacement.

We Are Not Moved By Alleged Move By Gov. Ben Ayade To Swear-In A New Acting Chief Judge — Lawyers Insist On Protest

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Lawyers have insisted on holding its planned protest slated for 19th October 2020 despite the alleged move by the Governor of Cross River State, Ben Ayade, to swear in new Acting Chief Judge the same day.

The lawyers, in a statement made available to TheNigeriaLawyer by Enome J. Amatey, described the governor’s move as a “greek gift” and a “ploy” to put the state in another state of uncertainty

They said, “Upon getting notice of the protest organized by the Concerned Lawyers in Cross River State against tomorrow, his Excellency the executive governor of CRS has quickly acceded to one arm of our demands by slating the swearing-in of ANOTHER Acting Chief Judge for 8am tomorrow.

“We are neither moved nor deceived by this Greek gift. We are not persuaded by it. It is just another ploy to run away from doing the right thing and put the Judiciary and indeed the State in another situation of uncertainty.”

Therefore, they said the protest will continue as planned. They are not moved by the step taken by the Governor as only appointment of substantive Chief Judge will solve the problem

“To this end, we shall proceed with our planned protest, until all our other demands are met. We are not deterred and remain unshaken in our resolve to insist on the right thing being done.

“Cross River State deserves a substantive Chief Judge and that is the only practical solution to this quagmire.” the statement further reads

TNL recalls that the Governor of Cross Rivers State, Prof. Ben Ayade had, via a press release statement by his Special Adviser on Media & Publicity, Christian Ita, disclosed his decision to swear in a new Acting Chief Judge.

However, the name of the new Acting Chief Judge to be sworn in was not disclosed in the statement but a source disclosed to TheNigeriaLawyer that the third in rank High Court Judge in the State, Hon. Justice Eyo Ita, will be the new Acting Chief Judge to be sworn in.

The Notice of swearing-in of new Acting Chief Judge came after the Eastern Bar Forum (EBF) earlier announced its decision to stage a protest come October 19, against the non-appointment of a Chief Judge, that left the office vacant for 50 days.