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Bloody: 75 Borno elders slaughtered by Boko Haram in one night; young men lined up and shot – Senator

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The senator representing Borno South, Ali Ndume, has narrated how Boko Haram insurgents killed 75 members of his community in Gwoza local government in one night.

Mr Ndume made this disclosure Wednesday in an emotion-laden presentation during a stakeholders’ meeting organised by Senate Committee on Special Duties and the North East Development Commission (NEDC) in Maiduguri.

The former Senate leader, who is also a member of the committee, informed the gathering that the challenges faced by the people of Borno State were being underreported.

“If the Senate Committee would take time during their stay to go round some of the camps and even the nearby Konduga local government, we would all better appreciate what the people are facing,” he said.

“Even as a serving senator, I still cannot go to Gwoza my home town because it is not safe,” he said.

“Our security operatives are trying their bests, and we have to give it to them. But the situation is overwhelming. People are dying every day, either from attacks or by hunger. We have lost many lives here.

“There was a time in my home town Gwoza, that about 75 elders most of whom I know personally were dragged by Boko Haram to the town’s abattoir and slaughtered like animals. Only two persons survived because their bodies were covered with other people’s’ blood and the assailants thought they were dead.

“In the same Gwoza, Boko Haram had in a single day lined up young men and summarily shot them dead. These were just some stand out cases.”

Mr Ndume also lamented the issue of hunger in the state stressing that the situation would have been worse had there not been non-governmental organisations in Borno.

“We don’t know where we would have been or what would have happened to us in Borno State, had there not been the NGOs,” he said

“People die every day here, and I can assure you that even today or this evening, someone may have died of hunger. I am not talking about children – I mean adults.”

He said these and many other cases of insecurity pushed him to realise the need for the Northeast region to have a Development Commission.

“NEDC was my idea, and I pushed for its formation, not for anything else but to see how our people could be helped out of this ugly situation. And so far, we are impressed with the kind of work they are dong.

“But sadly, the amount of money at the disposal of the commission is not adequate to solve the humanitarian challenges facing Borno state alone,” he said.

The Senate Committee on Special Duties led by Yusuf Abubakar, was in Borno State to review the performance of the NEDC and the National Emergency Management Agency(NEMA)

The committee had upon arrival in Maiduguri paid a courtesy call on the governor of Borno State, Babagana Zulum; where they explained their mission before proceeding to the Shehu of Borno’s palace.

At the stakeholders briefing, officials of the Nigeria military, the Nigeria Security and Civil Defence Corps, NEMA and that of the Borno State Emergency Management Agency took time to brief the committee on the situation in the state.

The NEDC Managing Director, Mohammed Alkali-Goni, commended the Senate committee for taking time off their busy schedule to be in Borno State. He said their visit would enable the National Assembly to appreciate the challenges in the region.

The committee is expected to visit IDP camps and some of the locations where the NEDC has projects.

Premium Times

Osinbajo Advocates 12 To 15-Month Time Limit For Court Cases

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 Vice President, Professor Yemi Osinbajo, has challenged the Nigeria Bar Association to work towards reforming the Nigerian judicial processes to ensure the speedy dispensation of justice in the country.

Professor Osinbajo posed the challenge on Wednesday when he virtually declared open the Annual National Conference of the Nigerian Bar Association in Lagos, where he represented President Muhammadu Buhari.

The vice president wants to see judicial reforms that will fast track all court cases so that the longest will be a maximum of 15 months.

“Reform is urgent because the fabric of our society is stitched together by our system of justice and law enforcement,” he said.

“We cannot afford to have the stitches come undone. The first issue I would like to commend to your consideration is the terribly slow pace of trials in our courts.”

For Osinbajo, fixing a time limit as has been done with cases in the Supreme Court might lead to speedy trials.

“My question then is that why can’t we have timeliness on all cases? Why can’t we put in place the rules that will state that a criminal trial all the way to the Supreme Court must not exceed 12 months in duration?

“Why can’t we do the same for civil cases even if we say it that civil cases must not go beyond 15 months – between 12 and 15 months? I think that for me will be stepping forward.

“The question of speed raises a related concern in the context of a competitive global economy, a speed of our legal institutions and processes must match up with the global pace of transactions,” he said.

Besides speedy dispensation of court cases, Osinbajo noted that multiple and conflicting court orders are making a mockery of the judicial process while highlighting the need for reforms in that area.

Source: Channels TV

Ibadan ‘Serial Ki*ler’: I Kil*ed Another Woman After My Escape

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Sunday Shodipe, a suspected serial killer in Ibadan, Oyo state capital, says a herbalist mounted pressure on him to escape from police custody.

The 19-year-old disclosed this on Wednesday when he was paraded by Nwachukwu Enwonwu, the state commissioner of police.

Shodipe was arrested alongside two others in June in connection with a series of killings in Akinyele local government area of the state.

He, however, escaped from Mokola station where he was kept on August 11 but was rearrested on Sunday.

Explaining his escape, Shodipe said he fled the police station to carry out rituals in the interest of one Idris Ajani, a 50-year-old herbalist he was arrested with.

He said the herbalist threatened him in custody, saying there would be dire consequences if he did not escape to continue the killings.

He added that he killed another woman while he was on the run.

“Baba( herbalist) had been telling Officer Funsho to open the gate to allow us to take our bath but the officer did not answer him,” Shodipe said.

“Baba later told the officer that he needed to drink gin as an herbalist to prevent spirits from draining his blood but the officer still did not answer him.

“Baba had been blaming me for telling the police and the public that he was the one that sent me to kill and that I would have been released from the custody if I had been untruthful.

“Baba also told me that something terrible might happen to him if he stayed too long in police custody because of the sacrifices he had not been performing since his arrest.

“So, when the police later allowed me to go and bath in the evening at about 7.pm, I used the opportunity to escape and went to Akinyele to kill another woman.

“Baba sends me out and tells me to kill by reciting his name, Idris Adedokun Yunusa Ajani, in incantations. So, I killed the women to ensure Baba’s safety.”

The suspect added that he ran to Bodija where he was rearrested to fend for himself by carrying a luggage using a cap to conceal his identity.

Enwonwu said Shodipe, who was in police custody due to the congestion at the Nigeria Correctional Service facility in the state, would now be taken to the facility.

“The police officer involved in Shodipe’ s case is paying dearly for it and he is still in police custody facing disciplinary action which has been completed at the level of the command and forwarded to Abuja,” Enwonwu said.

#NBAAGC2020: Let’s Act Instead Of Complaining About Issues Plaguing Our Country — Firstbank’s Chairman, Ibukun Awosika

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The Chairman, Board of Directors, First Bank of Nigeria, Ibukun Awosika wants Nigerians to take their destiny in their own hands and build the country.

Awosika who was speaking during the Nigerian Bar Association (NBA) 2020 Conference on Tuesday, believes that instead of complaining about issues plaguing the country, Nigerians, particularly lawyers, would have to take extra steps to address those challenges.

“With all due respect and no offence meant,” she said, “I just want us to know that for us to build a nation we all dream of, the one we complain about every day, we are going to have to go outside of ourselves; we are going to have to decide that enough is enough and it is time to use everything that we have to make a difference.”

According to her, the NBA should take stock of its activities since existence and reflect on the impact the body has had over the years.

For the banker, the NBA has all it takes to be a major building block in the country, citing their knowledge and expertise as well as number.

“For sixty years with thousands of members, with thousands of lawyers and many new lawyers graduating every year, how has the country been fully impacted by the knowledge that we have and the understanding that we possess in terms of building an equitable country where justice reigns? she asked.

Awosika added that whether at the political or judicial level, the NBA, has “the strength of number, we have the capacity through knowledge. We have the power of influence at every level.”

‘Am I a Nigerian?’

This year’s NBA conference runs from August 24-26, 2020, and will have several dignitaries including Vice President Yemi Osinbajo and the Attorney-General of the Federation, Abubakar Malami (SAN), in attendance.

The event will also see the former Governor of Anambra State, Peter Obi; Governor Nyesom Wike of Rivers State and a former Education Minister, Obiageli Ezekwesili speaking.

According to the NBA, the theme of this year’s conference is: ‘Am I a Nigerian – A Debate on National Identity, the Indigeneship-Citizenship Conundrum.”

FEC Approves N722.3m For Audit Of NDDC

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The Federal Executive Council has approved N722.3 million for eight field forensic auditors to audit the Niger Delta Development Commission (NDDC).

The payment will come directly from the Presidency as the National Assembly is on break and the 2020 budget for the NDDC has not been passed.

Channels Television learned the field auditors will also look into the 12,000 abandoned projects in the Niger Delta.

The Minister of Niger Delta, Mr Godwill Akpabio, disclosed this on Wednesday after the virtual FEC meeting presided over by President Muhammadu Buhari.

The NDDC became a subject of controversy over allegations of corruption in the award of contracts and the non-payment of Nigerian scholars under the payroll of the commission.

Following this, the National Assembly invited Akpabio and the NDDC boss, Daniel Pondei to probe the activities of the agency.

Appearing before the House of Representatives Committee on NDDC in a public hearing on July 20, Akpabio accused the lawmakers of benefitting from most contracts awarded by the commission.

However, this did not go down well them as the Speaker of the House, Femi Gbajabiamila threatened a legal action should the Minister fail to name the purported lawmakers involved in the contracts.

The House also asked Akpabio, to publish the names of the members of the National Assembly who got contracts.

In a statement issued on July 28, the spokesman for the House and Committee Chairman on Media Affairs and Publicity, Benjamin Kalu, said that the minister had alleged that 60 percent of all the NDDC projects were awarded to members of the lawmakers between the months of January and May 2020.

Kalu explained that following the claim, the leadership of the 9th House issued a 48-hour ultimatum to Akpabio to publish a list of the lawmakers.

The House spokesman revealed that the lawmakers evaluated the minister’s letter and the directive to press charges against him have not been lifted.

Also, President Buhari reacted to the controversy trailing both the commission and the Economic and Financial Crimes Commission (EFCC).

The President who spoke after the Sallah service on July 31, said some people trusted by his administration have abused the privilege.

Senate Directs AGF To Probe $18bn NLNG Dividends

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Senate Joint Committee on Finance and National Planning has directed the Accountant General of the Federation (AGF), Ahmed Idris, to investigate the payment of $18.323billion being dividends accrued to the country from the Nigeria Liquefied Natural Gas (NLNG) Limited, between 2004 and 2020.

Chairman of the Committee, Senator Solomon Adeola, gave the directive following disclosures from NLNG officials during the panel’s stakeholders’ interactive session on the 2021-2023 Medium Term Expenditure Framework (MTEF) and Fiscal Strategy Paper (FSP), in Abuja.

Adeola, according to a statement by his Special Adviser on Media, Kayode Odunaro, in Abuja, the AGF was mandated to investigate the amount was actually remitted to the Nigerian National Petroleum Corporation (NNPC) and how much was actually remitted to the Federation Account.

The AGF was also to determine if there was any deduction by NNPC, how much was deducted and who authorized the deductions as well as the exchange rates that applied for the amount that was remitted over the years under reference.

According to the statement, Mrs. Eyono Fatai-William, the general manager (External Relations and Sustainable Development) of NLNG had presented a financial summary of the company from 1999-2019 and said the NLNG had paid a dividend of over $18 billion to Nigeria between 2004 and 2019.

Fatai-William also insisted that the NLNG is committed to a culture of transparency and integrity.

However, when Adeola asked the Accountant General of the Federation, to confirm if the dividend was actually paid into the Federation Account, he said it was difficult to immediacy determines if it had been paid because the dividend is usually paid to the NNPC – that represents the Federal Government in the NLNG.

Adeola therefore directed the Accountant General to investigate the payment and report back to the Senate within two weeks.

Nigeria has about 53 per cent shares in the NLNG, according to the statement.

Katsina Court orders arrest of DSS officers for assaulting lawyer

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A Senior magistrate court of Katsina State in Funtua has issued a bench warrant for the arrest of two (2) officers in the Department of State Services (DSS) in Katsina State namely Ibrahim Abubakar and Usman Abubakar for assaulting a practicing lawyer, Naziru Suleiman Esq.

“Their arrest warrant was due to their absence before the court without satisfactorily excusing themselves, which constitute disrespect to the court and therefore a contempt”, as quoted in the order.

In the court order seen by Katsina Post dated 12th of August and signed by Shamsu Umar, the magistrate court asked the Commissioner of Police Katsina State to effect the arrest under the provisions of Sections 24 (1) and 30 (f) and 62(1) of ACJL Katsina State.

“The Court having heard the Application for the bench warrant against the defendants from the learned counsel to the complainant for the absence of defendants before the court for their trial.

“The Court is of the view that the application is of merit by the following reasons: Firstly, as rightly stated by the learned Counsel for the Complainant, this case is a criminal before the Court and the presence of the defendants is necessary couple with the fact that the duplicate of the Court summon is signed by one Abubakar Abdullahi of DSS Office Katsina on 5 August 2020.

“Also that the Court bailiff have sworn to an Affidavit of Service to the effect of carrying out the service as ordered by the Honourable Court which request the Director DSS Office in Katsina to serve the defendants who are his personnel serving at Funtua Office for their appearance before this Honourable Court for their trial.

“Their absence today before this Honourable court without satisfactorily excusing themselves, Constitute to disrespect to the Honourable Court and therefore a contempt, accordingly bench warrant is hereby issued against the defendants, the arrest warrant shall be issued to Commissioner of Police Katsina State to effect the arrest under the provisions of Sections 24 (1) and 30 (f) and 62(1) of ACJL Katsina State 2019.

“The case is adjourn to 27″ of August 2020 for Mention.”

The arrest warrant was issued following application for direct criminal complaint of criminal conspiracy 59 (2), assault or criminal force 237, criminal intimidation 373, (a) and use of insulting or abusive language contrary to section 375 and 372 penal code by a team of fifteen (15) lawyers led by Lawal Amah Esq dated 14th July, 2020 before the court requesting for criminal summons to against the Defendants.

“Kindly cause a criminal summons to issue against the Defendants on the following terms:

“The Complainant in the course of discharging his constitutional duties. On the 10” July, 2020 at about 6:02pm went to the office of department of state services (DSS) to accompany his client invited by the department.

“On reaching the department office at Funtua The Complainant was accosted by the Defendants To the extent that the defendant slapped the Complainant and pushed him out of his office as if that is not enough, they went on to intimidate and insult the Complainant by uttering the following word:

“Dan ubanka ka fita duk wanda zaka gaya mawa, ka gaya mashi nan ba katu bace” meaning: “This is not court of law, go and tell anybody you so wish”.

“Na bugi banza, rubuce-rubuce ne suje suyi, ba abinda zai faru, Meaning:

“I have beaten an idiot and that nothing will happen let them write to anywhere”.

“Your worship it is on these premise we are lodging a Complaint of criminal conspiracy 59 (2) assault or criminal force 237 criminal intimidation 373 (a) and use of insulting or abusive, language contrary to section 375 and 172 Penal Code Law Katsina State 2019”.

katsinapost

Should Landlord Stop Rent-Owing Tenants From Moving Out?

Daily Law Tips (Tip 640) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Should Landlord Stop Rent-Owing Tenants from Moving Out?.

In life you are either a tenant or a landlord and in some cases both. Many tenancy relationships go south with tenants failing to pay rents for years or landlords being rude and violating rights of tenants. The rate of landlords seeking to recover backlogs of unpaid rents (debts) from their tenants and former tenants is increasing geometrically across Nigeria. It is common to see cases of tenants who moved out of property “nicodemusly” (secretly) and ran away with unpaid rents. Often, bold rent-owing tenants or tenants that damaged any property get stopped by their landlords (using law enforcement agents, estate security and louts/thugs), when such tenants attempt to vacate property. This work focuses on whether a landlord should stop a tenant from vacating his property for any reason whatsoever.

Most tenancy agreements in Nigeria are made orally, with majority of rents being below One Million Naira (N1,000,000) (ie., $2,777) per year. Since landlords are prohibited from forcing tenants out of their property, the only way to recover rent or eject a tenant is by serving valid Notices (like, Notice to Quit and Notice of Landlord’s Intention to Recover Property) and then suing tenant in court. However, while landlord may be engaging tenant in a legal warfare, in some cases, tenant may elope from property abandoning his unpaid rent. Generally, without social security numbers, reliable house address system and records, most persons in Nigeria cannot be easily tracked/accessed. So, many are the losses of landlords in tenancy relationships in Nigeria. However, a hybrid tenancy agreement will reduce the troubles of a landlord. Click their link to learn more on Hybrid Tenancy Agreement.

There are fundamental human rights in Nigeria and there are rights that every person, institution or agency must respect. Among the human rights in Nigeria are; Right to dignity of human person, Right to Personal Liberty, Right to private and family life, Right to Freedom of thought, Conscience and Religion, Right to peaceful assembly and association, and Right to Freedom of Movement. Harassing, intimidating and force a rent-owing tenant or any person to remain in a property (not allowing such person to move out) by a landlord or his agents (including law enforcement agents and louts) is a violation of the above listed human rights. Owing rent/debt or having a case in court or an investigation at any law enforcement agency is not an excuse/justification for such violation. Violation of any human right comes with huge consequences as will be shown below.

Below is how stopping any tenant from moving out of property, translates to violation of fundamental human rights in Nigeria:

1. Where a landlord stops a tenant from moving out of property for any reason whatsoever, it is often an ugly sight. The tenant is often forced to stay back against his wish with unimaginable force, verbal abuse, harassment and intimidation. These are signs of torture, inhuman and degrading treatment. The tenant at that point is treated less than a human being. This is a violation of “Right to Dignity of Human Person”.
2. Where a landlord stops a tenant from moving out of property for any reason whatsoever, the personal liberty of the tenant is violated. Since the tenant is not allowed to move out, his liberty is violated illegally without any court order or reasonable suspicion of a crime. Moving out of property is not a proof of attempting to run away with debt and even running away with debt or from landlord (creditor) is not a crime in Nigeria. So, stopping a tenant from moving out of a property is a violation of the tenant’s “Right to Personal Liberty”.
3. Where a landlord stops a tenant from moving out of property for any reason whatsoever, it often involves unlawful use of law enforcement agents, estate security and louts to keep tenant in his property. The law enforcement agents, estate security and louts of landlord, supervise home, correspondence, and communication of the tenant. This is a violation of tenant’s “Right to Private and Family life”.
4. Where a landlord stops a tenant from moving out of property for any reason whatsoever, movement of tenant is restricted and his personal space violated. Often the violators (landlord and his agents) will not permit the tenant to effectively use or leave the property or to leave with his personal belongings. This may affect the tenants access to his religious group/building and tenant’s desire to manifestly propagate his religion or belief in worship, teaching, practise and observance. Clearly this translates to violation of “Right to Freedom of Thought, Conscience and Religion”.
5. Where a landlord stops a tenant from moving out of property for any reason whatsoever, this may include landlord stopping the tenant from hosting visitors and groups. Many landlords want by all means, to embarrass the tenant and muscle the tenant to pay rent, this may include chasing away guests of tenant or not allowing tenant to leave and attend meetings and events. Stopping a tenant from freely assembling and associating with any person is a violation of human rights. Specifically, it is a violation of “Right to peaceful assembly and association”.
6. Where a landlord stops a tenant from moving out of property for any reason whatsoever, there is an obvious restriction of movement of tenant. Every citizen of Nigeria is entitled to move freely throughout Nigeria and to also reside in any part of Nigeria. Where a tenant is stopped from moving out, such tenant’s movement is unlawfully limited and he is also being forced to reside in a part of Nigeria against his wish. This is an unlawful violation of “Right to Freedom of Movement”.

The above six (6) fundamental human rights that landlords violate when stopping a tenant from moving out of property, are sacrosanct, unshakable and untouchable by landlords. Hence, any violation by a landlord will ignite serious legal consequences. Fundamental human rights are constitutional rights and only a court of law (or any person acting under an order of court or under a federal law), that can lawfully limit or restrict them. Click this link to see what human rights can be legally restricted in Nigeria. Hence, no person, company, institution, landlords, tenants, law enforcement agencies/agents, community, association or group can attempt to or violate the fundamental human rights of a tenant for any reason whatsoever.

Where a tenant’s fundamental human right is violated, the tenant or his well-wishers (family, supporters or any person whatsoever) can sue the landlord and his agents (including any person involved; like law enforcement agency/agent or estate security) in court for enforcement of human rights. Courts in Nigeria attend to cases of fundamental human rights very fast, and such cases can be ended in less than 3 months. Among other things, courts will award huge damages (monetary fines amounting to millions of Naira) against the landlord and his agents to be paid to the tenant. Also, cases for trespass and recovery of losses or damaged items belonging to the tenant can be brought before a court against the landlord and his agent. Tenants are encouraged to speak to their lawyers!
 
My authorities are:

1. Sections 34, 35, 37, 38, 40, 41, 45 and 46 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 4, 6, 7, 8, 9, 10, 13, 19 and 20 of the Recovery of Premises Act 1945, Laws of the Federation of Nigeria (ABUJA) and other similar tenancy laws across the states in Nigeria.

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Intra Union Dispute: Industrial Court assumes jurisdiction, dismisses objection for lacking merit

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The Vacation Judge, Lagos Judicial division of the National Industrial Court, His Lordship, Hon. Justice Isaac Essien has dismissed the preliminary objection filed by the National President- National Union Of Food, Beverage And Tobacco Employees, Comrade Lateef Oyelekan and 18 others challenging the jurisdiction of the Court to hear the matter brought by Comrade Abiodun Philip and 29 others for lacking merit.

The Court held that an intra union dispute which relates to the interpretation and application of the constitution of the union can be filed in the court and the court is vested with original jurisdiction to hear and determine the matter.

From facts, the Applicant had filed a preliminary objection sought for an order striking out/dismissing the suit for want of jurisdiction on the grounds that the case is an intra-union dispute which must be subjected to the provisions of the Trade Dispute Act, that the subject matter has been apprehended by the minister of Labour and Employment and the suit discloses no reasonable cause of action and also abuse of court process.

In response, Comrade Abiodun Philip and 29 others argued that by the content of the affidavit and the prayers sought for in the originating summons, the suit discloses a reasonable cause of action urged the court to dismiss the objection.

In his ruling, the presiding Judge, Justice Essien held that where the subject matter of intra union dispute revolves around or relates to the interpretation and application of a trade union constitution, that the court has original jurisdiction to hear any suit brought in that respect.

“It is, therefore, logical to say that intra union dispute cannot be brought to this court in its original jurisdiction. However, once the intra union dispute relates to the interpretation and application of the constitution of a trade union, S.2(1) of the Trade Dispute Act must bow to the superior authority of the constitution, this leads us to what was the subject matter of the originating process.”

Visit Judgment’s Portal for full ruling.

Group Makes Move To Seek Court Order Stopping Akpata’s Inauguration As NBA President; Sets Up Committee For Creation Of Rival Body To NBA.

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A group has resolved to truncate the forthcoming inauguration of the NBA President-elect, Mr. Olumide Akpata by securing an injunctive order of a Court through a “friendly” Judge.

This was a resolution at a virtual meeting of the Group held on 20th day of August, 2020 which was attended by prominent Lawyers in Nigeria.

This development is coming in the wake of the keenly contested July 2020 NBA elections.

The Group appears to have taken over sectional platform to vent their misgivings and legitimize their grievances about the election.

It gathered that at the virtual meeting, the Group, while claiming that the election which had over 19,000 lawyers voting was a fraud, boasted that they will use the instrumentality of Nigerian court system to truncate the inauguration scheduled for 29th August 2020.

A source disclosed that the meeting was attended by one of the contestants in the concluded elections with his supporters who are prominent Lawyers.

At the meeting, these prominent supporters made it clear that they were perfecting plans to obtain an injunctive relief from a friendly judge.

The meeting attendees further resolved to create a rival body to the NBA. Particularly, the prominent supporters were in a hurry to approve a new draft constitution for the Group and concluded that it was time to form a parallel body to the NBA.

They set this in motion by setting up a committee to finalize the details the constitution of this parallel organisation.

In a related development, a prominent Lawyer, had at the meeting boasted of rallying some first-class traditional rulers to call the Ooni of Ife and impress on him not to receive the NBA President-Elect at his palace two Sundays ago.

This development is worrisome, and it appears the intent is targeted at frustrating the efforts of the President-Elect of the NBA and his team as they gear up for the commencement of the new administration.

Lawyers and indeed Nigerians are hoping that the Group will allow reason to prevail and desist from the path being towed for the good of the NBA.