By Sylvester Udemezue
But this is not funny
1️⃣ Loretta Onochie comes on Twitter announcing that the “amendment” of the RPC 2007. She rejoices that NBA’s wings has been cut.
2️⃣NBA Members fume over purported “amendment” of RPC without due process, saying “how come smoke came without fire”?
3️⃣ NBA President says Ignore the “amendment” because NBA is not aware of any process for such amendment. Besides, says NBA, our reps at GCB have told us that no meeting of the GCB has held to amend the RPC.NBA President adds that he’d take up the matter with the hon AGF and revert to Nigerian lawyers
4️⃣. DLSS Okutepa says “I am not aware of it, even as a member of the GCB; how come?” Anyway, he says, Nigerian lawyers are estopped from denying that RPC has been amended by the Hon AGF because the AGF in 2007 had singlehandedly made the RPC and we accepted it. Volenti non fit injuria is the summary of his argument.
5️⃣. Teacher Prof Ojukwu, SAN and and Olisa Agbakoba, SAN, COME out to say RPC of 2007 was duly enacted, not by the Hon AGF acting alone, but by the GCB at a meeting duly convened for this purpose.
6️⃣. Respected Adeniyi Akintola, SAN declares that he as a member of the GCB was duly “consulted with” by the Hon AGF before the 2020 “amendment”.
7️⃣. Mazi Afam Osuigwe, erudite SAN comes out to say, “Look, I am a member of the GCB; I was not invited to any meeting of that body for purposes of RPC amendment. I tell truth, no meeting ever held”
8️⃣ GCB Members cry foul, accusing the Hon AGF of single-handedly “amending” the RPC without due process.
9️⃣. Kayode Ajulo, PhD declares RPC was validly “amended” in 2020. In a series of published rejoinders, one Udems tells Kayode Ajulo that RPC couldn’t have been amended otherwise than at a meeting of the GCB duly convened, and invitation to which was served on all GCB members. Udems dishes more and more commentaries in support of his position that you can’t place something on nothing. Meanwhile, a learned friend and consistent writer, Hameed Ajibola Jimoh Esq., comes out to say presumption of gazette is relevant; meaning that only an order of a competent Court can undo what has been done. The controversy is huge, heavy and rages, even drawing the attention of the NBA NEC and other writers, analysts and commentators.
🔟The Hon AGF suddenly comes out after 15 months to announce on national television that it’s some people, not himself, that mischeviously purported to have amended the RPC and that the purported “amendment” didn’t comply with preconditions set by law for validity of the process. According to the Hon AGF, a Great learned silk, investigations are already ongoing, instituted by himself, to bring culprits to book for the dirty act.
1️⃣1️⃣. After the Hon AGF’s disclaimer, some members of the NBA are still insisting that, notwithstanding the denials and published disclaimer by the Hon AGF, RPC stands amended in 2020, until the purported amendment is set aside by a court.
◼️Fellow Nigerians, and learned colleagues, I am confused. Although I have expressed my own opinions on this, which position the Hon AGF has by his disclaimer confirmed, I still am confused, seeing the comments of my colleagues who still insist RPC stands amended. The question are: what’s the apt citation for RPC? Is it RPC 2007? Or RPC 2007 as amended in 2020? Or is it RPC 2020? In summary, was RPC amended❓ What’s the legal effect of AGF’s disclaimer on the purported 2020 amendment of the RPC.
I am your fellow Nigerian and lawyer from the other room,
Sylvester Udemezue (udems).
- udemsyl@gmail.com.
December 07, 2021.
