Rivers State Governor, Nyesom Wike says the All Progressives Congress-led Federal Government has failed Nigeria.

Wike disclosed this on Thursday while receiving the newly inaugurated Executive Council members of the Peoples Democratic Party (PDP) who paid him a courtesy visit at the Government House in Port Harcourt, the state capital.

While charging the PDP members to focus on governance rather than playing politics, he said the move is necessary to demonstrate a commitment to the people.

According to him, the ruling APC has failed to deliver on its electoral promises, adding that Nigerians are hoping on the PDP.

“APC has failed Nigeria. Nigeria is hoping on PDP. There is nothing anybody can talk about again. This is no more time for politics.

“You have promised and you have failed, nothing to try you again. We have tried APC and it has not worked.

“Nigerians have realised that it is better they stay with PDP that has the future, that has the interest of Nigeria than the party that gives excuse every day.

“We are tired. You know there is a problem with Nigeria and you make promises that if you vote for me, I will do this. Now they have voted for you, yet you cannot solve the problem. The party cannot solve any problem,” he said.

Speaking further, the governor charged the party exco members to respect COVID-19 safety protocols.

He also asked them to run an inclusive party for all in order to maintain victory in future polls in the country.

This is Born out of the fact that some believe that the mandatory membership of Lawyers in the NBA is not provided in statute for Constitutional reference and as such a breach of the Right to freedom of Association as stated in the 1999 Constitution. Most recent of such arguments are the articles titled ‘The Freedom of Association and the NBA” written by Seun Lari Williams and a rejoinder on same topic written by his learned friend, Ebi Robert.

However, the court seem to have given a judicial pronouncement on the issue following the case of N.B.A. v. KEHINDE (2017) 11 NWLR (PT 1576) 225 AT 250 -251 paras H- A where His lordship NIMPAR.JCA observed as follows:

“The Nigerian Bar Association (NBA) was established for the purpose of regulating the affairs and conduct of all legal practitioners in Nigeria and upon being called to the Nigerian Bar, there is automatic membership to the NBA on a lawyer. See Chinwo v. Owhonada (2008)3 NWLR (Pt.1074)341. Hence, as long as one has elected to join and remain within the noble profession, he is a member and ought to comply with the directive of the Association”

The court went further to speak on the status of the NBA, and whether it has the authority to regulate the legal profession.

The Court of Appeal per TUKUR, JCA at page 246 in the NBA v. KEHINDE

(supra) put the points lucidly as follows:
“I agree with the arguments of appellant’s counsel to the extent that the NBA is statutorily recognised by the Legal Practitioners Act. This was why my Lord Hon.Justice Obaseki,(JSC) in the case of Chief Gani Fawehinmi v. Nigerian Bar Association & Ors (No.2) (1989) LPELR-1259( SC)PP. 92-93,paras. C-E, (1989)2 NWLR (pt.105) 558 at p.628, paras. G-H while commenting on the status of the Nigerian Bar Association stated thus: “The Constitution of the Nigerian Bar Assocition is not a statutory instrument. It is not a subsidiary legislation to the Legal Practitioners Act….It was accorded its due superior position by the Legal Practitioners Act, 1975 in the conduct of the affairs of the Nigerian Bar Association by the General Council of the Bar”

A recent example of the recognition of the Nigetian Bar Association’s regulatory role in the Legal Profession is the issue of seal and stamp, which flows from the provisions of the Rules of Professional Conduct 2007, which is a subsidiary legislation.

Rule 10( 1) of the Rules of Professional Conduct provides thus:
” A Lawyer acting in his capacity as legal practitioner, legal officer or adviser of any Governmental deparment or Ministry or any Corporation, shall not sign or file a legal document unless there is affixed on any such document a seal and stamp approved by the Nigerian Bar Association”

In the case of Bello Sarkin Yaki v. Senator Atiku Bagudu (2015) LPELR 2571 (SC), (2015) 18 N.W.L.R (Pt. 1491)288 the apex Court held that failure to affix the seal and stamp as approved by the Nigerian Bar Association, on a legal document renders such document voidable.”

Following the foregoing, it is obvious the Court of Appeal’s point of view concerning ”The Election to join the profession” as a road to automatic enrolment. This is to say that every lawyer called to the Nigerian Bar automatically becomes a member of the NBA. This seems to be close to the argument of the learned writer, Chioma Unini and Ebi Robert, Co-Editor of TheNigerialawyers, and until the Supreme Court says otherwise, the mandatory membership of the NBA remains the Law.

The Rivers State High Court sitting in Port Harcourt and presided over by Hon. Justice Charles Nwogu, has today delivered judgement in suit No.PHC/652/CS/2020 filed by the Attorney General of Rivers State against Shell Petroleum Development Company(SPDC) of Nigeria Limited.

The Rivers State Government had claimed that SPDC Defendant’s/ Judgment Debtor Interest in it’s fixed landed assets comprised in Kidney Island Base, Port Harcourt and interests in Lands comprised in Oil Mining Lease No. 11(OML 11) sold to the Claimant pursuant to the execution of the combined court judgments in Suit No.FHC/PH/231/2001; CA/PH/396/2012 and the Supreme Court Appeal No.SC 731/2017 is consistent with the command contained in Section 287(1) of the Constitution of the Federal Republic of Nigeria, 1999( as amended).

The Claimants further claimed that the continued defiant appropriation (despite the completed sale) of possessory and usufructuary including pecuniary accruals in respect of it’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 infringes on the Claimant’s vested respective rights to title, and pecuniary interests therein.

That SPDC is bound to render accounts to and pay over to the Claimant all accruals from the Defendant’s continued appropriation of the pecuniary interests in the said OML 11 including arrears of commercial rents for their use of the said property from the date the Deputy Sheriff of the High Court of Rivers State issued title documents thereon to the Claimant until the Defendant peaceably yields up possession thereof.

The Court in a considered judgment upheld the claims of the Rivers State Government in the following terms:

SPDC Judgment Debtor’s interests in it’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 sold to the Claimant pursuant to the execution of the combined Court judgments in Suit No. FHC/PH/231/2001; CA/PH/396/2012 and the Supreme Court Appeal No. SC 731/2017 is consistent with the command contained in Section 287(1) of the Constitution of the Federal Republic of Nigeria, 1999( as amended).

That the Defendant’s continued defiant appropriation(despite the completed sale) of posssessory and usufructuary rights including pecuniary accruals in respect of it’s fixed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 infringes on the Claimant’s vested respective rights to title and pecuniary interests therein.

Also that the Defendant is bound to render accounts to and pay over to the Claimant all accruals from the Defendant’s continued appropriation of the pecuniary interests in the said OML 11 including arrears of commercial rents for their use of the Kidney Island Base and Jetty from the date the Deputy Sheriff of the High Court of Rivers State issued title documents thereon to the Claimant until the Defendant peaceably yields up possession thereof.

That the Claimant ought to be accorded with all interests, rights, privileges and benefits derivable from its acquisition of Defendant’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 in accordance with the title documents issued by the Deputy Sheriff of the High Court of Rivers State.

That the Claimant is entitled to the Defendant’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and the license in Lands comprised in OML 11 in accordance with the title documents issued by the Deputy Sheriff of the High Court of Rivers State.

An Order compelling the Defendant, their agents, assigns, representatives, privies or whosoever called to accord the Claimant with all rights , privileges and benefits accruable from its purchase of Defendant’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 in accordance with the title documents issued by the Deputy Sheriff of the High Court of Rivers State.

The Court directed the Defendant to account for and handover to the Claimant all monetary accruals it had made from its continued appropriation of the fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 from the date the Deputy Sheriff of the High Court of Rivers State issued title documents thereon to the Claimant until the Defendant peaceably yields up possession thereof.

The Court also perpetually restrained the Defendant, their agents, assigns, representatives, privies or howsoever called from embarking on acts or omissions adverse to the title, right and interest of the Claimant over the fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11.

Finally, the Court condemned SPDC’s continued violation of the legal process by her continued occupation of the said Kidney Island Base, Port Harcourt and other properties already acquired by the Rivers State Government.

Paulinus Nsirim
Commissioner for Information and Communications

August 13, 2020.

*Legal Profession has moved away from a male-dominated to diversity & gender-balanced one — Paul Usoro, SAN
*The partnership, a progressive & milestone event— Prof. Bamigbose
*NBA will give all necessary supports to women under my watch—Olumide Akpata
*NYSB Women In Law Section will advance the interest of women through the MOU— Chair, NYSB Women in Law Section
*Strengthened relationship with Africa largest Bar is vital & critical—Carlos Ramos-Mrosovsky
*MOU, pathways to gender equality—Ayotola Jagun

The Nigerian Bar Association Women Forum (NBAWF) and New York State Bar Association (NYSBA) Women In Law Section have signed a memorandum of understanding partnership.

This was signed at the virtual ceremony held on 13th day of August, 2020.

Meanwhile, the virtual ceremony witnessed the attendance of NYSBA President, Scott M. Karson; NBA President, Paul Usoro, SAN; NBA President-elect, Mr. Olumide Akpata; Chair, NYSBA-Women In Law Section, Terri A. Mazur; Chair, NBA Women Forum, Prof. Oluyemisi Bamgbose, SAN; Senior Vice-Chair, International Section of NYSB, Mr. Carlos Ramos-Mrosovsky; Mrs. Ayotola Jagun; Sheryl B. Galler amongst others and moderated by Dr. Foluke Dada, Head, Advocacy Committee, NBA Women Forum.

However, the moderator noted that the virtual occasion is “truly historical and one worth the ceremony” being done, while she called on the President of NYSB to give his opening remarks.

In his opening remarks, President Scott M. Karson stated that “it is a honour and pleasure to join in the wonderful event” and on behalf of the 70,000 members of New York State Bar, he welcomes everyone to the virtual ceremony.

In addition, he described the virtual event as an “historical occasion” and stated that it is hoped “this will lead to a further future engagement”. Also, he described the Coronavirus pandemic as one that has changed the way we view the world noting that the forecast of scientists has been very true about the pandemic. Hence, the need to embrace technology in order not to allow all matters grounded, an example of the virtual ceremony being held.

Furthermore, he noted that New York “has a preeminent state in the world stage” and also, with “an unparalleled reputation in the world arena”. Thus, New York State Bar has managed for have a strong network base across the globe. This, he said, is driven by one of its key initiatives by opening membership to Lawyers across the world and thus, “we urge others to join us”, he said.

Meanwhile, he stated that the MOU recognizes the importance of women in the Legal Profession and he applauded the “women colleagues” in the giant stride achievement.

He also noted that for more than 30 years, the Women In Law Section of NYSB has been the largest and one of the best-driven section of the Association. Therefore, he stated that when the report was submitted on the proposed partnership, he took into cognizance several things.

“Our world is in uncertain times” as a result of the pandemic and “we believe Lawyers in this time are more important and meaningful than ever”.

Finally, he urged that Lawyers in this trying times take up pro bono cases and access to justice initiatives.

In another development, President of the Nigeria Bar Association NBA, Paul Usoro, SAN , equally gave his opening remarks and congratulated the 121st President of NYSB and stated that “hope to reach out to the Atlantic” and have a “handshake”.

In addition, he gave a brief background of Nigeria and stated that it is the largest economy in Africa amongst others.

Similarly, he gave a brief account of the Nigerian Bar Association(NBA) and Nigerian Bar with 125,000 qualified Lawyers as members.

Furthermore, he noted that the profession has moved from a male-dominated profession to one driven by inclusiveness, “diversity, gender-balance & encourages our women”. With this, he cited the example of the first female Chief Justice of Nigeria, Justice Maryam Aloma Mukhtar stated to be one of the most brilliant mind produced and equally, he alluded to the President of the Court of Appeal, a testament of women participation.

Besides, he noted that Prof. Bamigbose, SAN is one of those examples, having attained the apogee in practice of Law and academics. Thus, the reason why she was selected to head the NBA Women Forum by him.

Meanwhile, he stated that Nigeria and a world he envisages or visualizes is one driven by women participation across board.

Finally, he wished the NBA & NYSBA “greater successes in this endeavor.

In addition, Prof. Bamigbose, SAN extends her cordial appreciation and describes the ceremony as “progressive and milestone event”.

She introduced the NBA and noted that several committees were established by President Paul Usoro, SAN for a better and efficient service delivery.

Thus, she expressed her delight that the virtual ceremony is being held projected at the welfare of the women in the two Associations.

In another development,the NBA President-elect, Mr. Olumide Akpata expresses his great delight and thanked the incumbent President, Paul Usoro SAN for providing the NBAWF an opportunity to thrive.

He stated that in all his life, he has been “gender-blind” and therefore promises women colleagues that he “will support NBAWF and other elected officials will collaborate” to ensure that all supports are given to them. He equally stated that he believes in capacity building and finally on the event, he noted that he is “proud of NBAWF”.

Furthermore, the NYSB Women In Law Section Chair, Terri A. Mazur equally expressed her delight and noted that the section has been driven by effort to take care of domestic violence against women, child abuse amongst others.

Meanwhile, he noted that the Association has many committees saddled with different responsibilities like Legislative Affairs Committee , Programming Committee amongst others.

She stated that they shall strive to attain the goals stated in the MOU for the advancement of women. Thus, she concluded that “we look forward to a national collaboration.”

Also, Carlos Ramos-Mrosovsky noted that the International Section of NYSB has over 2,000 members and geared towards capacity building through webinars, internships etc.

In addition, he noted that a strengthened relationship with Nigeria is vital and critical being the largest Bar in Africa.

Finally, he stated that the MOU is a fantastic step.

Furthermore, Ayotola Jagun gave her remarks on the expected outcomes of the partnership.

She noted that there are several benefits of the MOU driven by gender equality advocacy. Also, she stated that the MOU is geared at deployment of knowledge exchange, networking opportunities, promotional support and introduction to experts from diverse fields from both Associations.

Besides, she noted that the partnership is timely and a coordinated one meant to expand the pathways to gender equality. Meanwhile, she noted that the implementation of the MOU is a successful collaboration which is key to the alliance.

Finally, the MOU was signed by the NYSBA President, Karson together with Tom Richard and one other as witnesses. He promises to ensure that the goals of the MOU are met.

In addition, Prof. Bamigbose signed on behalf of the NBA President, Paul Usoro, SAN who promised to sign later as a result of unavailability.

Meanwhile, it was witnessed and signed by Mrs Ayotola Jagun, Head, NBAWF External Relations Committee and the Secretary of NBAWF, Mrs Aideyan.

Equally, Sheryl further congratulated the both Associations.

Finally, the vote of thanks was given by Mrs. Chinyere Okorocha, Vice Chair, NBAWF who described the virtual ceremony as “iconic, historic and fulfilling session”.

The Nigerian Broadcasting Corporation (NBC) on Thursday said it would take legal action against any broadcaster that violates its rules. It cautioned the media to understand the rules and regulations of the profession.

Lagos State NBC Director Chibuike Ogwumike made the announcement in a press release.

Explaining a section of the Broadcasting Code: Section 3.1.: Professional Rules: 3.1.1: No broadcast shall encourage or incite to crime, lead to public disorder or hate, be repugnant to public feelings or contain an offensive reference to any person or organisation, alive or dead or generally be disrespectful to human dignity.

“We expect Broadcasters, especially anchors to show professionalism in the handling of programmes such that guests or callers that exhibit such tendency are professionally handled.

“The recourse to abusing, denigrating and insulting the President, Governors, MPs, and other leaders does not show us as cultured people.” He added.

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The National Judicial Council has disclosed its decision to recommend to President Muhammadu Buhari, the appointment of four Justices to the Supreme Court of Nigeria.

This is contained in a statement issued by Soji Oye, ESQ., Information Director which was made available to TheNigeriaLawyer.

Furthermore, it further states that it would recommend three heads of Court, eleven Judges of States High Court, and four Khadis of Shariah Court of Appeal to the respective Governors.

The statement reads:

The National Judicial Council under the Chairmanship of the Chief Justice of Nigeria, Honourable Dr. Justice I. T. Muhammad CFR, at its 2nd Virtual Meeting held on 11th and 12th August, 2020, considered the list of candidates presented by its Interview Committee and resolved to recommend the under-listed names of twenty-two (22) successful candidates to President Muhammadu Buhari, GCFR, and their respective State Governors for appointment as Justices of Supreme Court of Nigeria, Heads of Court and other Judicial Officers in Nigeria.

They are as follows:

APPOINTMENT OF FOUR JUSTICES, SUPREME COURT OF NIGERIA
Justice Tijjani Abubakar
(North-East Zone)

Justice Mohammed L. Garba
(North-West Zone)

Justice Abdu Aboki
(North-West Zone)

Justice Mohammed M. Saulawa
(North-west Zone)

The Supreme Court of Nigeria currently have a total number of 12 Justices including the Hon. The Chief Justice of Nigeria, consisting of two (2) Justices from North Central, one (1) from the North East, one (1) from North West, three (3) from South East, one (1) from the South South and three (3) from the South West.

APPOINTMENT CHIEF JUDGE, YOBE STATE
Justice Gumna Kashim Kaigama
APPOINTMENT OF GRAND KADI, SHARIA COURT OF APPEAL, KATSINA STATE
Kadi Muhammed Abubakar
APPOINTMENT OF PRESIDENT, CUSTOMARY COURT OF APPEAL, IMO STATE
i) Justice Mathew Emeka Njoku

APPOINTMENT OF SIX (6) JUDGES, HIGH COURT OF JUSTICE, KANO STATE
Jamilu Shehu Suleiman
Maryam Ahmen Sabo
Sanusi Ado Ma’aji
Abdu Maiwada Abubakar
Zuwaira Yusuf
Hafsat Yahaya Sani
APPOINTMENT OF TWO (2) JUDGES, HIGH COURT OF JUSTICE, TARABA STATE
Clara Jummai Kataps
Kazera Blessing Kodiya

APPOINTMENT OF FOUR (4) KADIS SHARIA COURT OF APPEAL, KADUNA STATE
Muhammad Aminu Danjuma
Mustapha Umar
Muhammad Tukur Rashid
Muhammad Nasir Sidi

APPOINTMENT OF THREE (3) JUDGES, CUSTOMARY COURT OF APPEAL, DELTA STATE
i) Gabriel Nkeiruka Dele Okafor
ii) Grace Abanre Ibiye
iii) Jessica Susan Gberevbie

All recommended candidates are expected to be sworn-in after approval by the President, Muhammadu Buhari, GCFR and their respective State Governors and confirmation by the National Assembly and the respective State House of Assemblies.