The Nigerian legal space was met Saturday morning with a stir caused by a leaked letter addressed by Chief Adegboyega Awomolo, SAN, in which the learned Silk among other things declared the office of the President of the Nigerian Bar Association a position reserved for SANs and urged the SANs not to let junior lawyers “ridicule” the position.

Various reactions have trailed this revelation and many lawyers have expressed their outrage and pledged support for Olumide Akpata whose ideas, plans and traction of stellar leadership is set to revolutionize the Bar for good

It is worthy to note that many lawyers had prior to this statement from Chief Awolomo expressed their views on how the NBA Presidency is not the preserve of SANs.

Some of the comments are reproduced below:

”Finally, I should ask where is it written that the privilege of leading the NBA is the exclusive preserve of Senior Advocates of Nigeria? That “exclusivity” is untenable, undeserved and un-egalitarian.”

— Mohammed Dele Belgore, SAN. Partner, Sofunde, Osakwe, Ogundipe & Belgore

“May I add that the inner and outer bar dichotomy should never be a consideration in deciding the next NBA President. The consideration in deciding the NBA president should be the candidate that possesses the credentials, the unquenchable drive and the passion for the job. I have watched Olumide Akpata closely in his almost 30 years of successful practice. He is the kind of candidate that our profession urgently needs.”

Hairat Balogun, Life Bencher and first female Attorney General of Lagos State

*”For me this is a game changer, some years ago my dear friend Afam was disqualified simply because he was not an SAN. It’s not a provision in the NBA Constitution that in order to contest and be elected the NBA President you have to be an SAN. Though it has been long since any non SAN was elected the president of NBA, in my humble view this election is not about electing an SAN or not as the right person to lead our dear profession which has been declining in terms of integrity, respect and influence in our society.

Globally, disruption from the norm is the trend, doing things right no matter the circumstances, “black lives matter” Olu Akpata is what we need at this point in time. Electing Olu Akpata as the NBA president through a fair and legitimate electoral process can help not only our profession but the leadership of our country.”*

-Ahmed T. Uwais, Esq.

“So even if I have 100 years’ post qualification experience and have served the Bar meritoriously in various leadership capacities, I cannot aspire to the office of President of the Bar unless I have taken silk (not withstanding that this is not a requirement of the NBA Constitution)? Please, this NBA is clearly not for me.”

— Esther Daramola, lawyer with 2 years’ PQE.

25 candidate vaccines undergoing clinical evaluations

The Federal Government and the World Health Organisation (WHO) on Monday stressed that it is too early to declare that the country’s COVID-19 curve is flattening, as daily new infected cases fluctuate between 500 to 700.

Flattening of the curve simply means that the rate of spread or transmission of the virus has gradually started to slow down.

There is still active community transmission of the virus in Nigeria and across Africa.

Also, given the relatively number of low tests the country has done compared to the entire population, the best anyone can do is mere conjectures about reaching a peak and flattening of the curve for COVID-19, they said.

Director-General of the Nigeria Centre for Disease Control (NCDC) Dr. Chikwe Ihekweazu, while speaking on the issue during the briefing of the Presidential Task Force on COVID-19 in Abuja, said: “It is too early to interpret whether we are seeing a plateauing. Yes, the number fluctuates between 500 and 700 every day, and sometimes we see a bit more. But remember, even though we report this as one outbreak, there are really several other clusters of cases happening.

“The only state where we have seen a consistent trend is in Lagos. In many other states, we have seen increases and decreases at different points, depending on a series of activities like the ability to test.

“There are continuous investigations going on and efforts to understand the outbreak in the different parts of the country. But remember, even though we report this as a single outbreak, it really is not a single outbreak – there are different drivers of transmission in different parts of the country.

In his contribution, the WHO Country Representative, Dr. Walter Kazadi Mulombo, said: “Concerning when Africa will peak, we are still learning to understand the trend. The disease is still being transmitted actively. Most African countries have community transmission firmly established. We must treat decisions on COVID-19 as a life or death decision.

“As of June 24, WHO has recorded 25 candidate vaccines. I want to emphasise that these candidate vaccines are not promising vaccines. To decide whether they are promising or not, WHO has a strategic advisory group of experts on vaccines and immunisation.

“After those 25 candidate vaccines have finalised clinical evaluations, which are on the way now, then the experts group will be able to review the evidence and advise the WHO Director-General whether any of them can be considered as promising so that it can go to the next stage. The same applies for drugs and treatment.”

In his address, Minister of Health Dr. Osagie Ehanire added: “The total number of confirmed COVID-19 cases in Nigeria crossed the 40,000 mark to 40,534 over the weekend. With 262,579 persons tested, we have crossed the quarter million mark. When the epidemic curve will begin to flatten is still a matter of conjecture, given the relatively small fraction of our population that has been tested so far.

Sixty PCR Public Health laboratories are now active in Nigeria, which together should be in a position to address testing capacity challenges and ramp up utilisation if only the logistics could be improved. This would, along with sheer community spread, be responsible for the rising trajectory of the epidemic curve in the population tested so far.”

LAWYERS FOR WELFARE ADVOCACY has written to ECNBA, Charging the committee to publish the list of successfully verified voters before proceeding to election on 29th July, 2020.

At the general meeting of Lawyers For Welfare Advocacy held in Abuja over the weekend, the body is imploring the ECNBA in the conduct of the elections slated for 29th July, 2020 wherein the National officers of the NBA will be elected to ensure that the process is seamless and free from malpractices

1) Top on our demands from the ECNBA is to conduct a free and fair election

(2) We urge the committee to demonstrate transparency in the process, not just on paper but matching words with action by publishing the final list of Verified Voters before proceeding to the election. This will enable lawyers in Nigeria ascertain the number of verified voters in order to forestall manipulation of the electoral process. 

(3) Paragraph 2 above is informed by our observations in recent times that majority of our members and thousands of lawyers’ personal information were tampered with, especially their email addresses. Sadly, we have further observed that some of them who participated in the verification exercise have until date not received any email for completion of the verification process which if not timeously addressed will translate to the disenfranchisement of lawyers in the election. That all the efforts including phone calls and emails to the support lines provided by the committee proved abortive. 

(4) We are further placing a demand on the committee to make public the name of the company engaged to conduct this election and the security measures put in place by the company to ensure that voters’ information are not stolen or hijacked by third parties

(5) Finally, we urge the committee to avert a repetition of the experiences of the last election where there were numerous complaints of manipulation and identity theft of eligible voters because of the porous nature of the website. As it stands, two lawyers are currently standing trial for undue interference in favour of certain candidates of their choice in the last poll and a re-occurence of this sad trajectory will ultimately culminate in lawyers losing confidence in the process. 

As we all work towards achieving the Bar of our dreams, we urge you to please accept the assurances of our highest regards. 

Thank you

Singed:
(1) Ezekiel Ugwueze Esq

(2) Obiajulu Onyeka Esq 

(3) Samuel Oguntuyi Esq

(4) Chinedu Nkpana Esq

(5) Valentine Obiajulu Esq

(6) Samuel Aku Esq

(7) Amaitem Etuk Esq

(8) Chijioke Odu Esq

(9) Abel Adaji Esq

(10) Joseph Nyong Esq

(11) Chukwudi Nwuzor Esq

(12) Anthony Obah Esq

Though law and morality are not the same, and many things may be immoral which are not necessarily illegal, yet the absolute divorce of law from morality would be a fatal consequence”. Lord Coleridge in Queen v. Dudley and Stephen (14 Q.B.D. 273).

To start with, it’s not the place of this article to discuss the legal propriety or otherwise of demonstration under the Nigerian law. This is because the law have already settled this. The right to free assembly and demonstrations are sacrosanct which can only be derogated by a state of emergency. But then, even the Constitution, which is the grund norm in Nigeria, can be overhauled during a state of emergency. This position have been purposefully asserted in IGP v ANPP (2008) 12 WRN 65 where the court declared that by the combined effect of sections 39 and 40 of the 1999 Constitution as well as Article 11 of the African Charter on Human and Peoples’ Rights, the right to assemble freely cannot be violated without violating the fundamental right to peaceful assembly and association, which is not only sacrosanct and immutable, but can only be derogated by the procedure permitted by law, under section 45 of the Constitution, in which case there must be a state of emergency properly declared before these rights can be violated. The right to peaceful demonstration is also granted in the Public Order Act, and further upheld in the unreported case of Hadiza Bala Usman &Ors v Commissioner of Police & Anor. (Suit No: FCT/HC/CV/1693/2014 of 30th October, 2014).

Having now discussed the legal validity of peaceful demonstrations, let’s now discuss the legal propriety of nude demonstration, where the demonstrators, mostly women of varied ages, exposes their bodies unclad, in their bids to register their anger and agitations. The practice of women demonstrating nakedly has a long history in Nigeria. For instance, women were reported to have demonstrated nakedly in the famous Aba Women Riot of 1920s against the imposition of paramount Chiefs and high taxes on them. In September 2018, about 500 women of Dura Du community in Jos came out to protest nakedly against the army’s search of their pond, following the death of General Idris Alkali. More recently, some group of women, mostly elderly, demonstrated nakedly against the insecurity in Southern Kaduna last week. The question here is, how legitimate this precedented practice is in our laws?.

To lucidly answer this question, I shall employ the technique of ‘validity test’ under the ‘repugnancy doctrine‘ to see if we can validate this strange practice. The repugnancy doctrine in Nigeria emerged from the decision in the case of Eshugbaye Eleko v. Government of Nigeria (1931) AC 262 at 273. In that famous case, Lord Atkin said:

The court cannot itself transform a barbarous custom into a milder one. If it stands in its barbarous character it must be rejected as repugnant to natural justice, equity and good conscience”. 

Against this background, the position of the law is that every Court in Nigeria is empowered to observe and enforce the observance of every customary practice of the people in the area of its jurisdiction provided:

1. That the Customary practice is not repugnant to natural justice, equity, and good conscience.
2. That such customary practice must not be incompatible either directly or by implication with any law for the time being in force.

The above position of the court in Eshugbaye’s case is imported into our evidence law. The provisions of section 16 of the Evidence Act (2011) states clearly that:

“Provided that in case of any custom relied upon in any judicial proceeding, it shall not be enforced as law if it is contrary to public policy and is not in accordance with natural justice, equity and good conscience.”

There is an agreement among jurists that repugnancy test is purely predicated on moral law. It is employed to make African customs and practices be in concord with the international moral standards. Now, you’ll all agree with me that being naked in the glare of the public is not only amoral and shameful, but a barbaric practice not acceptable by any civilized nation. Man, bequeathed with intellect, cannot succumb to this practice, which drags him into the same position with animals. Anthropologically, Man in early times was almost naked, and as his intellect evolved he started wearing clothes. What we are today and what we are wearing represents the highest level of thought and civilization that man has achieved, and is not regressive. It’s the removal of clothes again that is regressive back to ancient times. Thus, the strange practice of naked protest is not only immoral, but contrary to natural justice, equity and good conscience.

Now, let’s discuss the other limb of the validity test, which says that such customary practice must not be incompatible either directly or by implication with any law for the time being in force. Today in Nigerian jurisprudence, exposing one’s nakedness in public is a criminal offence called ‘indecent exposure’ not only punishable, but considered as an aspect of violence against people. Section 26 of the Violence Against Persons Act (2015) states that:

(1) A person who intentionally exposes his or her genital organs, or a substantial part thereof with the intention of causing distress to the other party, or that another party seeing it may be tempted or induced to commit an offence under this Act, commits an offence termed ‘indecent exposure’.

And the culprit of such an act according to Section 26(3) of the Violence Against Persons Act will be liable upon conviction by a court to a term of imprisonment not less than 1 year or to a fine not exceeding N500,000 or both.

In conclusion, we humbly submit that the immoral practice of naked protest by some women is not only an abuse of man’s intellect, a disgusting debase of man’s status to the same levels with that of animal; but an uncharitable violation of the Nigerian laws. It should be noted that the right to peaceful demonstration is entrenched in Section 40 and 41 of our constitution. But one cannot invoke those sections as a defense to naked protests. This is because it falls under the exceptions where the right can be denied by the government. Section 45 of the Constitution says that “Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society in the interest of defence, public safety, public order, public morality or public health” . Now, you’ll all agree with me that naked demonstrations as practiced by some women in Nigeria is a threat to public safety, public order, public morality, and public health. And on this premise, it’s high time the government should put an end to this disgusting practice by sanctioning the offenders.

Hussaini Sani, Esq. is a lawyer and writes from Halcyon Legal Consult, Abuja.

The impasse between the Corporate Affairs Commission (CAC) and lawyers over the newly introduced mailing system for registered company certificates escalated on Monday with protesting lawyers carrying placards in front of the CAC’s headquarters expressing their opposition to the new policy.

Apart from denouncing the new policy, the protesters also alleged that the latest policy measure amounted to institutional failure under the leadership of the Registrar General, Alhaji Garba Abubakar.

The Registrar General had said there was no going back on the new mailing system, as the

Commission had eliminated all manual searches by customers which in the past he alleged had compromised some official records.

He explained that the latest mailing option was required to eliminate all hitches in documentation so as to safeguard the integrity of the records, alleging that in the past some lawyers were apprehended with stolen documents from the CAC.

Specifically, the Registrar General said about two weeks ago, a lawyer was apprehended forging signatures, adding that “his specialization is when documents are queried for irregular signatures; he signs again for the customers. This was because sometimes a document might be presented and our staff will observe inconsistency in the signature.”

He further alleged that there had been cases where whole files were removed from CAC.

Justifying the position of the Commission, Abubakar said, “No Registry around the world has physical contact with its customers. We have followed suit and have eliminated all manual searches. We will do a report and give it to the customers. It has become necessary to safeguard the integrity of the records we are keeping

However, some of the protesting lawyers denied the accusation, adding that the CAC boss is just using it to smear their reputation.

Said Francis Arinze Iloani

Reps Committee to probe Bayelsa, Delta, Edo, Ondo, Imo, caucus lawmakers.

No fewer than 30 members of the House of Representatives are expected to appear before the House Committee on Ethics and Privileges over the allegations bordering on the execution of over N100 billion in the controversial 2018 emergency projects awarded by the Niger Delta Development Commission (NDDC)., Tribune Online reports

This followed the directive issued by the Speaker of the House of Representatives, Hon. Femi Gbajabiamila during the Thursday plenary when he referred the letter sent by the Minister of Niger Delta Affairs, Senator Godswill Akpabio, to the House Committee on Ethics and Privileges for further investigation.

Some of the members listed in the controversial letter are from Bayelsa, Delta, Edo, Ondo, Imo, as well as unnamed ‘Caucus in the House of Representatives’.

The three-page letter with Ref. No: MNDA/HM/041/IV/158 dated 23rd July 2020, and titled ‘Some Niger Delta Development Commission contracts allegedly given to some members of the National Assembly (Senate and House of Representatives)’, alleged that the investigating committee on NDDC refused and/or neglected to give him the “opportunity to explain that the reference to most NDDC contracts yearly being awarded since 2001 from the records allegedly to members of the National Assembly in both chambers.

“However, the two chairmen of the committee on NDDC had adequate knowledge.”

The minister further added that: “It has always been known that the two chairmen of the Committees on NDDC in both chambers yearly exhibit unusual influence to the exclusion of committee members and even the management of NDDC in appropriating funds to details embellished in the budget after passage of the line items at the plenaries.”

While justifying his position, Senator Akpabio stated that: “To show you some typical examples, herewith attached are documents showing nature of contracts, amount of such contracts (in some cases), date of awards and beneficiaries some were awarded to the two chairmen of both Committees in the House of Representatives and the Senate respectively serving at the period of the awards (Annexures ‘B’, ‘C’, and ‘D’). However due to the 48 hours’ notice the Forensic Auditors could not sift through the thousands of files in their possession to provide more,” the minister informed the Speaker.

“Some of the members listed in the controversial letter are from: Bayelsa, Delta, Edo, Ondo, Imo, as well as unnamed ‘Caucus in the House of Representatives.”

Some of the acronyms written on the Annexures A, B, C and D attached to the Minister’s letter are: Bayelsa Rep who got contract worth N413,293,006.88; Ondo Rep/Ubadinma Blessing who got contracts worth N552,563,379.38; Imo Rep who got contracts worth N585,577,933.50; Edo Rep who got contracts worth N502,435,025.17; House of Reps caucus also got contracts worth N254,384,426.63 with contract details of Kabaka Brown; NE Rep got two contracts worth got 2 contracts worth N717.555 million; while one Hon. Nadu who got contract worth N484,762,887.

Also listed beneficiaries of the multi-billion naira NDDC contractors are: TC/COP Villa/MD who got several contracts for undisclosed amounts; AIG Operations Abuja who got contracts worth N186,771,348.75, while DIG/Ochei got contract worth N348,702,613.61; GOC 6 Division also got contract worth N349,976,919.86; CSO/CNC got contract worth N150,342,858.75; MD/EFCC for a contact of Godwin Udoidiong for undisclosed amount; George Moghalu National Auditor/EDP also got contracts worth N198,397,145.63; EDP/Giadom also got contract worth N663,155,999.63 and N649,013 million.

The Federal Government has declared Thursday 30 and Friday 31 July, as public holidays to mark 2020 year’s Eid-el-Kabir.

The Minister of Interior, Ogbeni Rauf Aregbesola, made the declaration on behalf of the Federal Government, through a statement signed by the Permanent Secretary, ministry of Interior, Mrs Georgina Ehuriah, on Tuesday in Abuja.

Aregbesola congratulated Muslim faithful and all Nigerians both at home and abroad on the occasion.

He called on Muslims to continue to imbibe the spirit of love, peace, kindness and sacrifice, as exemplified by the Holy Prophet Muhammad (Peace be upon Him).

The minister also called on Muslims to use the period to pray for peace, unity, prosperity and the stability of the country especially as the world is witnessing global health challenges caused by Covid-19 pandemic.

Aregbosola assured that the Administration of President Muhammadu Buhari was fully committed to battling the scourge with the cooperation of all Nigerians.

The minister emphasised that government would continue to foster peaceful coexistence, national cohesion and stability in its march towards actualising the full potentials of the country.

He called on all Nigerians to join hands with the Administration of President Muhammadu Buhari in its avowed determination to build a peaceful, harmonious and prosperous country, where the rights of every citizen, were protected and guaranteed, as enshrined in the Constitution of the Federal Republic of Nigeria.

Aregbesola advised Nigerians to take responsibility against the spread of the COVID-19 virus and also to stay safe by observing physical and social distancing, personal and respiratory hygiene, as well as other regulations issued by relevant authorities.

The minister wished all Muslims a happy Eid –el- Kabir celebration.

Abdulrasheed Maina, ex-Chairman, Pension Reformed Task Team, PRTT, has been released from Kuje Correctional Centre nine months after his detention, the News Agency of Nigeria has confirmed.

Mr Maina, who was arraigned before Justice Okon Abang of the Federal High Court, Abuja, on Oct. 25, 2019, by the Economic and Financial Crimes Commission, EFCC, alongside his son, Faisal, and firm, Common Input Property and Investment Ltd., had been in detention since the period.

However, Maina’s Lawyer, Adeola Adedipe, in a telephone interview with NAN on Tuesday, said the ex-PRTT boss was finally released on Monday evening after completing the necessary documents for his freedom.

Mr Adedipe, who is from the chamber of Lawyer Ahmed Raji, SAN, said though Maina should have been released July 24, it was delayed till this week due to administrative procedures.

“It was already late last week Friday so they now have a new timeline shifted at 6 O’Clock.

“We went there and everything was done,” he said.

On why Mr Maina had been kept in detention after Justice Abang further varied his bail conditions on June 29, the lawyer said: “It was also administrative. There were laspses here and there; transmission of processes from one department of government to another.”

He, however, said the development had nothing to do with an act of vindictiveness on the part of the government officials.

Adedipe, who expressed happiness over the release, said the action would nit only afford his client to have adequate medical attention but would also afford him the

“We can only thank God and this is good for us because we will now have time to prepare for his defence; we will now have goof conferencing on the matter.

“We will have a better perspective of what the case is all about. And this will also allow him to treat himself you know he has been very ill in order to stand the trial,” he said.

Another counsel to Maina, Afam Osigwe, also confirmed that his client had been released from the correctional centre.

“Yes, Maina came out yesterday (Monday). We have met all the bail conditions but they did not release him until yesterday,” he said.

Osigwe said he was happy Maina had been released on bail and that the development would allow him to attend to his health challenge and continue his trial.

NAN reports that the ex-Pension Reform boss, through his lawyer, Joe Gadzama, SAN, had, on June 23, informed the court that Sen. Ali Ndume, representing Borno South, had decided to stand as surety for him.

Ndume, who is the Chairman, Senate Committee on Army, had, in a statement on June 24, had also admitted standing as surety for Maina.

He revealed that it took him six months of painful consideration to agree to be a surety for the ex-Pension boss, and that it was part of the cross he had to carry as Maina’s elected senator.

According to the lawmaker, it was a hard decision I had to make because I have a duty to represent the good, the bad and the ugly of Borno South.

Justice Abang had, on Jan. 28, varied Miana’s bail conditions, following his inability to meet the bail terms granted him on Nov. 26, 2019.

Abang reduced Maina’s bail condition from N1 billion to N500 million with a surety in the like sum who must be a serving senator as opposed to the earlier order of producing two serving senators.

The judge ruled that the surety, who should not have a criminal case pending in any court, must have a landed property fully developed in Maitama, Asokoro, Wuse II, Katampe or Central Business Districts of Abuja, with Certificate of Occupancy attached as evidence.

Abang also ruled that the senator though would always come to the court at every adjourned date, the lawmaker only needed to come and sign a court register that would be opened at the registry, among other terms.

However, Maina had been unable to get a senator as surety for his release until Ndume decided to do so.

Justice Abang, who had, on June 29, considered the arguments of parties, said it was within the court’s jurisdiction to either grant bail by vacating the existing conditions or grant new conditions.

Although Maina is charged with 12-counts bordering on money laundering, he had, however, pleaded not guilty to all the charges.

Though the Federal Ministry of Education has given go-ahead for resumption of JSS3 and SS3 classes in secondary schools, only SS3 classes will resume in Lagos, Ogun states.

While Lagos Education Commissioner, Mrs. Folasade Adefisayo and Special Adviser to the Ogun State Governor on Education, Mrs. Ronke Soyombo confirmed resumption for only SS3 pupils, Ekiti Education Commissioner, Mr. Foluso Daramola said a decision would be taken about whether JSS3 classes would resume after a meeting with Governor Kayode Fayemi.

I am just coming from a meeting at the Governor’s office on the issue. We will make a statement on it,” she said.

In Ogun State, Mrs. Soyombo said schools considered to be high risk would not be allowed to reopen.

She said they would be identified through their responses documented on the online school reopening form.

If they choose the ‘risky’ option (coded red) more than ‘moderate’ (yellow) or ‘none’ (green) in response to questions about the readiness of their facilities for resumption, they would have to improve before they resume.

Schools have until Friday evening to fill and submit the form online.

She said: “For schools that fill mostly red (risky) in all the fields concerning what they need for resumption, we will not reopen those schools. We may need to do contingency plan for their students.”

Soyombo said Ogun Deputy Governor, who leads the committee on reopening of schools, flagged off a series of meetings with principals, teachers, school owners, and other stakeholders under the State Ministry of Education, Science and Technology on Monday in collaboration with the ministry of health.

Federal Government Colleges (aka Unity Schools) will resume August 4 for SS3 pupils only.

Mr. K. Oladejo, a teacher at Queen’s College Yaba, one of the 104 unity schools, said only SS3 pupils are expected when the school resumes.

However, Director of Press and Public Relations, Federal Ministry of Education, Ben Gong, said the PTF announcement on whether JSS3 pupils would resume would be made on Thursday.

“Announcements to that effect will be made on Thursday this week at the COVID-19 briefings,” he said.

Heads of Examining bodies met with FME officials on Tuesday in Abuja to discuss scheduling of other examinations apart from the West African Senior School Certificate Examination.

Public Relations Officer of the National Examinations Council (NECO) Azeez Sani said the examining body was ready to conduct the Basic Education Certificate Examination (BECE) once the FME gives the go- ahead.