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MY REMINISCESES FROM 2019 IBA SEOUL CONFERENCE – RULE OF LAW et al | Paul Usoro SAN

MY REMINISCESES FROM 2019 IBA SEOUL CONFERENCE – RULE OF LAW et al | Paul Usoro SAN

by | Sep 30, 2019 | Uncategorized

1. I had to attend the Supreme Court Legal Year Opening on Monday, 23 September 2019 and only arrived Seoul for the IBA Conference (self-sponsored) in the evening of Wednesday, 25
September 2019. I therefore attended only the Thursday and Friday, 26/27 September 2019, sessions and events. On Thursday, I attended an early morning session on Consumer Protection which featured our own Yemi Akangbe, Lagos Branch Chairman, as one of the
Speakers. He made us very proud with his elucidation on the Nigerian Consumer Protection legislation and byelaws.



2. In the afternoon, I attended the IBA Council meeting where I represented Nigeria along with my colleagues, Jonathan Gunu Taidi, the NBA General Secretary and Konyinsola Ajayi,
SAN, both of whom I nominated at the beginning of my tenure to join me at the Council. At the start of the meeting, the IBA President, Horacio Bernades Neto, spoke most glowingly of his mission to Nigeria in August for the NBA AGC and mentioned the fact that
12,000 delegates attended the well-organized and content-rich AGC – double the number of delegates the IBA has ever had in any of its Annual Conferences. The entire Council gave us a resounding applause and that was most humbling.

3. On Friday, 27 September 2019, I attended the 3 (three) sessions of the Rule of Law Forum which ran from 9.30am to 3.30pm with short breaks for tea and lunch. The sessions focused
entirely and solely on the assaults by various regimes around the world on the independence of the judiciary, the independence of the legal profession and “best practices to address the persecution of lawyers and judges/threats to the independence of the legal
profession”. It was consoling, in some sense, to learn that the attacks on lawyers have progressed in other climes from the old and outmoded method of charging lawyers for sedition and treason to the new style of charging them for money laundering and other
such criminal acts, all in a contrived plan to cow lawyers and degrade the independence of the profession. I easily identified with that and thought wryly that EFCC did not invent the wheel after all.

4. The Rule of Law Forum sessions ought to have been a must for all of us Nigerian lawyers – and there were actually plenty of us who attended. The sessions put in perspective the
consistent and loud protestations by the NBA against the attacks on the independence of the judiciary and the independence of the legal profession by the EFCC in particular and other government agencies and officials. In all climes, these attacks always represent
the initial symptoms of tyranny; indeed, the fabrics of democracy and freedom are gradually but consistently and indubitably destroyed when the independence of the judiciary and the independence of the legal profession are attacked and eroded. Speaker after
speaker made these points and examples of these attacks around the world were also shared.

5. Neri Javier Colmenares, a Philippines’ lawyer activist, identified 3 (three) methods of the attack on the independence of the legal profession. The first is physical elimination.
In Philippines, 42 lawyers and a number of judges have so far been killed under the regime of Rodrigo Duterte who, ironically is a lawyer, a former State Prosecutor and Colmenares’ Law School classmate. The second strategy is the weaponizing of the law i.e.
the use of law as a weapon of assault. Colmenares, for example, was charged for kidnapping and others have been charged for money laundering and such other crimes. The third assault strategy is the public vilification/media trials of lawyers and the judiciary.
Sometimes, these public vilifications pave the way for physical elimination. Clearly, we have been and are experiencing the second and third strategies in Nigeria; we need to fend these off before it degenerates to physical elimination of lawyers.

6. The question was asked, why do these intolerant regimes attack lawyers? Two reasons were advanced: first, they attack us for who we are i.e. lawyers who defend the rights of people.
In other words, simply by being lawyers, we are endangered. Second, they attack some of us for the causes we take on and, in this category, fall human rights activists and other lawyers who represent persons that are persecuted by regimes and in the process
expose the ugly underbelly of these regimes. Intolerant and autocratic regimes, it was pointed out, tend to ascribe the alleged crimes of the clients to the lawyers, believing without any basis that the lawyer and his client represent birds of the same feather.
This is one form of criminalization of law practice, with lawyers being criminalized solely because they defend clients who may not be in good standing with the regime. It was also highlighted that the attack on the independence of the legal profession always
constitutes an indirect attack on and degradation of the independence of the judiciary. It is only the Bar that can fight for the independence of the judiciary and therefore an emasculation of the Bar through attacks on the independence of the legal profession
results in the direct erosion of the independence of the judiciary, it was pointed out.

7. Vigilance, we were reminded, must be our watchword, as lawyers and we must consistently speak out and loudly too whenever these attacks occur. Also important was the point made
by Baroness Helena Kennedy, QC, the Executive Director of the IBA Human Rights Institute, to the effect that no lawyer should consider himself safe, not even the commercial lawyers. In other words, the attack on the independence of the legal profession is
not limited to attacks on human rights lawyers but extends to all of us – including those of us who may feel secure in our commercial law practice cocoon – and it was in that context that she mentioned instances that commercial lawyers are now being hauled
to court for trial on trumped up charges of money laundering. I truly identify with that.

8. It was emphasized that these twin pillars of independence – independence of the judiciary and the independence of the legal profession – must be the concern of all of us, no matter
our areas of practice because the attack on the profession ultimately affects all of us. Recent events in Nigeria – i.e. the detention and harassment of lawyers – indeed bear this out. It was also pointed out at the sessions that the independence of the judiciary
and the legal profession are not for the benefit of lawyers; they are actually for the benefit of the society and this is because, once the lawyers are cowed, the fundamental right of the citizens to be represented by lawyers of their choices is destroyed
and indeed justice dispensation is threatened and decimated. These twin pillars of independence should therefore be the concern of everyone in the society and we must educate the public and raise awareness in that regard.
9. Solidarity and unity amongst lawyers, it was emphasized, is also key. United, it is easy for us, as lawyers to fight both for the independence of our profession and the independence
of the judiciary. United, we can fend off these attacks and incursions. It is always the plan of intolerant regimes that the lawyers be disunited and factionalized which makes it easier for them to attack both the independence of our profession and the independence
of the judiciary. We must stand together in fighting against these early signs and indicators of intolerance and tyranny. And we must sensitize the citizenry to the fact that if they succeed in silencing the lawyers, the society as a whole is in peril. There
are very rich and pungent lessons that we must all learn, as Nigerian lawyers, from the IBA Rule of Law Symposium as captured in this my Reminisces. I am also humbled seeing these issues which I have consistently raised in my numerous NBA Releases, starting
from my Inaugural Address of 31 August 2019, being articulated so forcefully at a global IBA stage.
Paul Usoro, SAN
NBA President
RULE OF LAW – NBA’S WORDS ON MARBLE

RULE OF LAW – NBA’S WORDS ON MARBLE

by | Sep 29, 2019 | Uncategorized

“If You Take Care of The Rule of Law, The Rule of Law Will Take Care of You” – IBA
31 August 2018
“We are strong only when united and together. Divided, we’re vulnerable and subject to external and devastating attacks – and these are the dangers we face daily.”
“The lead motif or sine qua non of Bar Association worldwide, with Nigeria not being an exception, is the promotion and protection of the rule of law.” 
“Judges and the Courts are not enemies of society simply because they discharge and or acquit persons who are charged before them for criminal conduct. It therefore pains us, as lawyers, when the Judiciary is erroneously perceived and characterized as the problem in Nigeria. It pains us when they are vilified and demonized in a manner that would tend to cow and intimidate them.”
“A corollary and second misconception and misperception is that which characterizes lawyers who defend persons charged with criminal conduct before our courts as criminals themselves or accomplices to the crimes for which their clients are charged, ipso facto. That is entirely incorrect.” 
“Persons charged with criminal conducts are not only constitutionally deemed innocent until proven guilty based on court pronouncements, they are entitled to legal representation by Counsel of their choice. This is a basic principle of the rule of law and a constitutionally guaranteed right. It is also a demand of the rule of law that Counsel, once engaged in defence of a client, must prosecute the client’s case to the best of his professional ability and most assiduously. In some instances, such forensic and assiduous defence of clients earns the defendant a discharge and/or 
acquittal. That is not and cannot be the fault of the Counsel and it should not necessarily be attributed, without proof, to the compromise of the Judge by Counsel. Such an attribution is just as unfair to the Court and Counsel as the attribution of all convictions to the unproved undermining pressures that may be perceived by some to have been placed on the courts by agencies of government. 
“Indeed, both misperceptions do grave injustice to our justice administration and unduly destroy the credibility of our courts and lawyers. To this end, it is important that lawyers be not class-defamed and treated by our law enforcement agencies as criminals or accomplices to the crimes for which their clients may be charged.” 
06 DECEMBER 2018
“The practice of law, as we all know, is founded on the independence of the legal practitioner and his courage to advocate on behalf of his client to the best of his ability and conviction. That independence and the courage of the advocate are now being threatened and trampled upon by the EFCC. Lawyers now have to work and walk on tip-toe, looking over their shoulders to determine whether the EFCC would be coming after them solely on account of their courage and independence in advocacy. That does not bode well for the profession or for legal practice generally. I have received incessant reports from lawyers who represent clients against the EFCC whose bank accounts and legitimate fees have been and are being investigated by the EFCC sequel to their representations of those clients.” 
“Democracy and the rule of law are threatened when the lawyers’ independence and courage in advocacy are fettered howsoever, whether by the EFCC or any other person or organization, consequent upon the lawyers’ choice of clients.”
09 DECEMBER 2018 
“It is gratifying that President Muhammadu Buhari, GCFR has consistently made it the credo of his government to fight corruption, right from its inauguration almost four years ago. That is commendable. The fight must however not be selective or discriminatory in nature; it must not even be perceived to be selective or discriminatory.” 
“The trial of persons for corrupt practices must itself not be tainted with corruption. Media trial of persons charged with corrupt practices, for example, amount to corruption itself. Indeed, those orchestrated media trials degrade and corrupt the justice administration system quite apart from the incalculable (but obviously intended) damage that it does to persons who may ultimately be discharged and acquitted.” 
“In point of fact, it is corrupt practice to use as license or hide under the cover of the fight against corruption to recklessly destroy the names, characters and reputations of persons who have not been found guilty of corrupt practices by competent courts and who may ultimately be pronounced innocent of such charges. Furthermore, the trials of persons for corrupt practices must be speedy and must not howsoever be used or perceived to be used as excuse or basis for trampling upon the fundamental rights of citizens including but not limited to their rights to fair hearing.” 
12 January 2019 
“In Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA), the Court of Appeal made it very clear that any misconduct attached to the office and functions of a judicial officer must first be reported to and handled by the National Judicial Council (“NJC”) pursuant to the provisions of our laws. Only after the NJC has pronounced against such judicial officer can the prosecuting agencies of the Federal Government proceed against him. As the Court pointed out, these requirements of the law are anchored on the overriding principles of separation of powers between the executive, the judiciary and the legislature and on the need to preserve, promote and protect the independence of the judiciary. Our respective liberties and the rule of law are best protected and preserved if the judiciary remains independent and shielded from intimidation and assault by the other arms of the government.”
“As a final point, it is also difficult for a disinterested observer not to see a pattern of consistent assault by agencies of the FGN on the heads of the two independent arms of government, to wit, the legislature and the judiciary, starting with the prosecution of the Senate President, Dr. Bukola Saraki, before the CCT and now, the ill-fated prosecution of the CJN before the same CCT. The impression must not be created that the agencies of the Executive arm of the FGN are interested in destabilizing and laying prostrate the other arms of the Government and in the process eliminating and destroying any and all voices of dissent and checks and balances. That is not desirable for the democracy that we strive to build neither is it good for the image of the Government. We urge restraint on the part of Government and demand that the CCB follow due process in proceeding against the CJN by complying with Nganjiwa’s_Judgment(supra) and other similar judicial precedents. This continuing attack on the justice sector must cease forthwith. FGN and its agencies must desist from debasing the rule of law.”
25 January 2019
“The Nigerian Bar Association unequivocally rejects and condemns this attempted coup against the Nigerian Judiciary and evident suspension of the Nigerian Constitution by the Executive arm of the Federal Government. The action of the Executive portends a slide into anarchy and complete deconstruction of the Rule of Law and due process. It amounts to an absolute breach of the Constitution and the usurpation of the powers of the Senate and the Nigerian Judicial Council.”
31 January 2019
“The overarching principle that informed and underpinned the NBA NEC decision is of course the promotion and protection of the Rule of Law. This overriding principle is characterized in and by the subset principles that dictate the separation of powers between the 3 arms of government, consistent adherence to due process and the non-negotiable independence of the judiciary.”
“Those principles are immutable and serve as anchor for our profession, justice administration and indeed our democracy. They are far larger than and are applicable beyond OnnoghenCJN’s present circumstance and issues. They constitute the essence of our being, as the Nigerian Bar Association and as lawyers. These are non-partisan, abiding values that are blind to religious, ethnic and/or political persuasions, colourationsand considerations. The decisions of NBA NEC at its afore-referenced Emergency Meeting were based on these ennobling and enduring principles and not on any partisan or parochial premises.”
“Finally, I must strongly deprecate the attitude of some of our members who not only defied but encouraged open defiance of the NBA NEC directives on the boycott of courts. Our profession is anchored on discipline and NBA NEC is the highest decision-making body of our Association. It speaks ill of us as a body and of the state of our discipline as lawyers when some of our members openly encourage disobedience of NBA NEC decisions. This attitude and behavior must stop, please. We may hold opinions that are different from the collective decisions of NBA NEC but once those decisions are made at that highest level of our Association, we are all bound thereby and must comply therewith.”
28 MARCH 2019
“Suffice to state that throughout this unfortunate and bewildering incident, the NBA has stood on the side and in defense of the rule of law, the independence of the judiciary and the principles of separation of powers between the three arms of government.” 
“As we have consistently pointed out, the Onnoghen CJN incident is but a metaphor for these immortal and immutable principles. It reminds us of how dangerously insecure the tenure of our judicial officers is, by extension, how susceptible to attack the independence of our judiciary is. These principles, we must reiterate, have no political, tribal or religious colourations and the positions of the NBA were impervious and blind to these divisive and inhibiting considerations.”
“We must commend our members who stood up to be counted in the struggle for the promotion and protection of the rule of law vis-à-vis the Onnoghen CJN saga…”
“The promotion and protection of the Rule of Law is the lead motif of and for our Association. It permeates the entirety of our professional lives and is not dated howsoever; it is a principle and fight that is immutable and alive at all times and demands eternal vigilance. We would continue to live up to our commitment in this regard. In the coming months, we would beam even more searchlight into the crevices of our national life where the Rule of Law and its twin principle, the Fundamental Rights of our people, may be under assault and in bondage. We would continue to speak out in defense of these principles and will equally commend the authorities when such commendations are deserved.”
“You have seen this persecution for what it is: a struggle for the soul of our profession and means of livelihood and not just the persecution of Paul.”
“Perhaps, I need to mention here that my current persecution is not isolated. As a profession, we are under siege. For the very first time, both in our country’s history and in the history of our Association, the NBA Elections of 2018 has been the subject of purported investigation by the EFCC. I do not believe that such an investigation is within the purview of the EFCC, seeing as there was no financial or economic crime that was alleged. I am also not aware that the EFCC has taken as much interest in the activities of other professionals and their associations as it has taken in our profession and our Association, particularly in recent years. To put it mildly, our profession and indeed the justice sector, I repeat, is under siege. Even the Independent Corrupt Practice Commission (“ICPC”) has taken to inviting our past Presidents and General Secretaries for questioning over the contract award for the construction of our National Secretariat.”
“But then, these agencies do not act alone; they act in close collaboration with some of our members. The petition that triggered the purported EFCC investigation into our 2018 Elections, for example, was written by one of our members. Indeed, we have taken to reporting ourselves to the EFCC even in internal matters of the Association which could be resolved internally. We do need to rethink our ways and reassess our circumstances in this regard, in our collective interest, for our collective good and for the good of our profession and our Association.”
20 JUNE 2019
“I must state that, in my respectful opinion, the rule of law lies prostrate in our land in quite some ways and areas. We could, for example, talk about the penchant of our governmental authorities to disobey court orders and also the various bottlenecks and glitches that encumber and inhibit access to justice by the citizens of our country. These are indeed areas that cry for attention and we would continue to focus on these and other troubling areas. However, my focus in this Address is on what I term as the twin “independence pillars” of the rule of law – i.e. independence of the judiciary and independence of the legal profession.”
“I start with the independence of the judiciary which we all understand to mean not only the independence of tenure and control of funds but also the latitude to have an independent and uncontrolled mind to reach decisions and dispense justice fairly to all manner of men without fear or favor. Not many if anyone in this auditorium would doubt that our Judges, from the lowest to the highest cadre, today operate under an oppressive and pervasive climate of fear and insecurity. Our Judges are threatened, intimidated and blackmailed mostly by the executive arms of government and their agencies both at the Federal and State levels. Ask any Counsel of note who will be willing to honestly share his or her experience with you these days and you would be told that a significant consideration in planning the strategy  for the prosecution of any case that the government, notably the Federal Government has an interest in, is the concern whether the presiding judge has the backbone not to be looking behind his or her shoulder to decipher how the government wishers the matter to be determined.”
“There is the pervasive concern that government and its security operatives have dossiers on judges, real or imagined, and could unleash inquisitorial terror on judges if they decide issues against governments and its agencies. Even those of our judges who are whistle-clean – and I believe that most even if not all are – may not be willing to go through the inquisitorial processes of the various security agencies to prove their innocence. And so, we have Judges walking on egg-shells, notably, where governments and their agencies have interest in matters that they adjudicate. This totally undermines the independence of the judiciary and the ability of the Judges to act confidently without fear or favor in dispensing justice to all manner of men. The irony of all of these is that the men of power today may be the ones who
most need the independence of the judiciary tomorrow when they are out of power or are competing for political power. It reminds me of the IBA bye-line: if you take care of the rule of law, the rule of law will take care of you.”
“During the Onnoghen CJN’s saga, the NBA had warned that if the undermining of the judiciary’s independence was not checked and nipped in the bud, it would spread like cancer and consume Judges both in the Federal and State Judiciaries. Sadly, we are seeing now the manifestations of that spread and, by extension, the denigration of judicial officers and the erosion of the independence of the judiciary.”
“It remains for us all to encourage the NJC to rise up to its statutory mandate and protect the independence of our judiciary. The NBA stands ready to work with our Judges in that regard. Our Judges cannot deliver justice under a climate of fear and intimidation. Justice thrives where and when there is an independent judiciary. There can be no such independence when there is no security of tenure for our Judges. There can be no independence of the Judiciary when our Judges are intimidated, threatened and blackmailed by State agencies and their officials. There can be no independence of the judiciary when our Judges are actively coerced by State officials to think and reason only in the manner that those officials and, presumably, government want them to think.”
“If Judges can dissent amongst themselves, then it should be expected and it is a right that inheres in the office for Their Lordships to dissent from the opinions, wishes and thinking of State officials, whether at the Federal or State Governments. Such dissent should not result in the casting of aspersions on the Judges and/or the blackmail and intimidation of the Judges. These ignoble and destructive practices must stop. The government must guarantee and we – the Bar and the Bench – must rise up to protect the independence of the judiciary and the right of our judicial officers to have independent minds in the discharge of their onerous responsibilities. We would, by so doing, be promoting and protecting the Rule of Law in our land as well.”
“I now turn to the other twin independence i.e. the independence of the legal profession. Permit me to state that it is impossible to have the Rule of Law without lawyers and the independence of the legal profession. The independence of the legal profession is threatened when lawyers are not able to practice their trade without let or hindrance. That independence is seriously threatened in our land today. That independence is assaulted when lawyers are branded as criminals merely because of their professional functions and responsibilities. The independence of the legal profession is eroded when lawyers are targeted as a group and stigmatized merely because of their professional duties. And this is happening in our country today.”
“It is now the practice for lawyers to turn down certain types of briefs and clients in order not to be perceived as being anti-government and/or its agencies with the attendant inquisitions that go with such stigmatization. Nowadays, lawyers discriminate against briefs and instructions, not on professional grounds, but because they do not wish to attract the inquisitorial attention of government agencies nor to be stigmatized by those agencies.”
“The same climate of fear and intimidation under which our Judiciary operates, that the same climate pervades the practice of law today. That is an absolute erosion of the independence of the legal profession and a destruction of the Rule of Law. Like I said earlier, the irony is that the men of power of today who strike fear into our hearts and destroy our independence may be the ones requiring the services of lawyers tomorrow and wishing for or desiring an independent legal profession.”
29 August 2019
“The NBA has been and remains not just the conscience of our Nation but the voice of the voiceless. This is a critical role that we owe society as lawyers. In this regard, we have been quite loud and definitely not muted in constructively criticizing government and its agencies when necessary and required.”  
16 SEPTEMBER 2019
“The Opening of the Legal Year traditionally affords the Bar and the Bench the opportunity for introspection and to ruminate on national issues particularly those that affect the justice sector. Topping the list of such issues at all times is the need to promote and protect the rule of law in all its ramifications. That need is perhaps more pronounced today given the siege under which the justice sector is currently operating, evident in the open and sometimes veiled incursions by the executive arm and its agencies. In particular, the independence of the judiciary is under severe threat. To be exact, the independence of mind and thoughts by Your Lordships in the determination of matters before the Courts is under severe attack.”
“The Executive arm of Government and its agencies are increasingly and unceasingly critical of the judiciary and its decisions particularly in matters that the Government and its agencies may be interested in. It is not unusual these days to hear high officials of government talk down the judiciary and ridiculously and rather ill-advisedly dump all the ills of society on the judiciary. Decisions by Your Lordships are sometimes brazenly denigrated and attributed to ulterior and ill motives – and these on social and traditional media platforms. Veiled and sometimes open and, in all cases, audacious attempts are made to teleguide and program the decisions of Courts. These are very dangerous practices that destroy the independence of the judiciary and by extension the rule of law and indeed the fabric of our society.”
“The society needs and can only survive if we have independent-minded Judges who are empowered to dispense justice to all manner of men, including government departments, without fear or favor. We can only survive as a nation if the independence and vibrancy of the judiciary, particularly, the non-interference with the thoughts and decision-making processes of Your Lordships, are guaranteed and protected. Society is diminished when Judges are robbed of their independent minds and thought processes and the confidence of the ordinary person in the judiciary is thereby diminished, if not destroyed. Self-help and anarchy ultimately become the available remedy. Of course, our economy suffers in the process: the investing public, both local and international lose confidence in our justice system consequent upon these denigrations of our judiciary and there follows a consequential downturn in our economy with the attendant fallout on the socio-economic wellbeing of our people. In summary, the ultimate losers when Judges are robbed of their independence, in thoughts and discretions, is the society and all of us including our rulers of today.”
“Turning to the Bar, the Nigerian Bar Association has been relentless in disavowing these executive intrusions. In releases after releases, the NBA has been consistent in deploring executive incursions into the judiciary and we will not stop harping on these issues for as long as these invasive and deleterious conducts persist. The Bench can and should always count on the Bar to defend and protect the rule of law, a component of which is the independence of the judiciary. It is, in any case, our sworn duty to so do and we will not relent.”
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OMOYELE SOWORE: NBA CONDEMNS THE DISOBEDIENCE OF COURT ORDER AND IMPUNITY BY DSS

OMOYELE SOWORE: NBA CONDEMNS THE DISOBEDIENCE OF COURT ORDER AND IMPUNITY BY DSS

by | Sep 29, 2019 | Uncategorized

The Nigerian Bar Association has become 
aware of the unfortunate and flagrant disobedience of the order of Hon. Mr. Justice Taiwo Taiwo of the Federal High Court sitting at Abuja directing the release on bail of Citizen Omoyele Sowore by the Department of State Security Service of Nigeria on the 24th of September, 2019, of which the bail terms have long been perfected by the detainee’s counsel.

The NBA recalls that the DSS found it convenient to approach the Federal High Court in ensuring the detention of Omoyele Sowore for more than 50 days but has since comfortably refused to comply with the order of the same Court directing the release of Citizen Omoyele Sowore. This is unacceptable in a country where there are laws and a nation which Head of State recently professed at the recently concluded United Nations General Assembly to respect the human rights of citizens.
The NBA notes that the Department of State Security is cutting for herself the notorious image of an agency that enjoys treating judicial process with disdain, particularly as it pertains to obeying orders of courts enforcing the fundamental rights of Nigerians. The continued detention of Col. Sambo Dasuki (rtd) in spite of various court orders readily comes to mind.
The NBA therefore, condemns the continued detention of citizen Omoyele Sowere by the Department of State Security, as same amounts to violation of his constitutional rights to personal liberty and that no one person shall be deprived of his liberty without a valid court order, as provided for in Section 35 of the Constitution of the Federal Republic of Nigeria, 1999(as amended). By virtue of the provisions of Section 1(1) of the Constitution (afore-referred) the NIgerian “Constitution is supreme and shall have a binding force on the authorities and persons throughout the Federal Republic of NIgeria”.
The NIgerian Bar Association therefore calls for the immediate release of Citizen Omoyele Sowore in terms of the order of the Federal High Court made on the 24th September, 2019, and other Nigerians who have been languishing in DSS detention centres without any charge.
Kunle Edun
National Publicity Secretary, Nigerian Bar Association
Attednd the BNLF Annual Gala Dinner

Attednd the BNLF Annual Gala Dinner

by | Sep 29, 2019 | Uncategorized

Tickets and Award Nominations
Join us for the British Nigeria Law Forum (BNLF) Annual Gala Dinner & Awards
Time: 6.00pm – 12.30am Date: Friday, 22 November 2019

Venue: Holiday Inn Bloomsbury, Coram Street, London WC1N 1HT
Cost: £65 (Early Bird £60 until 6 October 2019). Table of 10@£600
Drinks reception/3 course Dinner/Entertainment/Awards/Raffle Draw/Dance
https://www.eventbrite.co.uk/e/british-nigeria-law-forum-bnlf-annual-gala-dinner-awards-2019-tickets-70884141375
NB Eventbrite charges an additional booking fee and there are no refunds on tickets purchased.
This will be an opportunity to recognise the achievements of BNLF members. To be eligible for an award the person must be a current BNLF member (a qualified lawyer, CILEx member, Law student, Legal Trainee or a Para-legal).
The award categories are set out below:
Community Service
Rising Star
Women in Leadership
Lawyer of the Year
All nominations for an award must be completed in full and submitted no later than midnight on Sunday, 13 October 2019. See the link https://www.surveymonkey.co.uk/r/LY8B6CY
2 Days To Go To Art of Legal Advocacy And Business of Law Training For Lawyers

2 Days To Go To Art of Legal Advocacy And Business of Law Training For Lawyers

by | Sep 24, 2019 | Uncategorized

Excellent advocacy skills and a sound knowledge of the business of law are necessary skills mandatory for every lawyer desirous of attaining career success. 

This training will instruct you on the skills required to advance your legal career and position your law firm for high profitability in today’s business eco system. 
TRAINING OVERVIEW
Theme:  “The Art of Legal Advocacy”
Modules:  
–          Litigation
–          Arbitration 
–          Mediation
–          Forensic Documents Examination
–          Legal Writing  
–          Law Firm Profitability
Date: 26th and 27th September, 2019
Time: 9am – 5pm daily
Duration of Class: 2hrs each
Venue: Neca House, Hakeem Balogun Street, Alausa, Ikeja, Lagos 
Members of Faculty
·         Mr. OlabodeOlanipekun SAN, Partner, Wole Olanipekun  Co.,
·         Dr. AbiodunOsiyemi; President, Forensic Science Academy
·         Mr. FolaAlade ASCMA (UK); Principal Partner, Fotefa Partners 
·         Dr. Chinua Asuzu, Dean, The Write House; Senior Partner, Assizes Law Firm
·         Miss BusolaAjala , CEO, Strictly Law Business 
·        Mr. Tolu Aderemi LLM (Netherlands), Partner, Pearchstone  & Graeys       
Registration Details 
Fee per delegate     – N60,000    
For registration details, please call Lawlexis on +2348055424566; +2349095635314 or email lawlexisinternational@gmail.com or 
We look forward to welcoming you as the session promises to be impactful and help put you well on the way to achieving your career goals. 
Former Young Lawyer Chairman, named Lawyer of the Year

Former Young Lawyer Chairman, named Lawyer of the Year

by | Sep 24, 2019 | Uncategorized

It was a night of bliss, a night of VVIPs as The Who and who gathered to a night of glamour as Charles Ajiboye, FICMC. , a result oriented lawyer of the future and Executive Partner at The Penthouse Law (an avant garde 21st century upwardly mobile multi service law firm) and Publicity Secretary of the Nigerian Bar Association, Ikeja won the Prestigious TREK AFRICA LAWYER AWARD OF THE YEAR 2019. 

The event held on the 22nd of September, 2019 at the Golden Gate Restaurant at Ikoyi and was graced by several dignitaries from several works of life.
Charles Ajiboye, an Executive partner at The Penthouse Law has developed innovative ideas towards using digital legal services and he is transforming the way law is being practiced.
Trek Africa award honors innovatives, ground breaking achievers and leaders in the service industry. Trek Africa recognizes individuals and organizations who are pushing professional standards, evolving their engagement and redefining their area of specialty.   
The event was graced with distinguished panelist representing geographical and professional diversity and personalities across all works of life such as Adams Mohammed , Inspector General Of Police, Chief Abimbola Moyosore Aboderin Chairman, ICON Group of Companies, Mrs Bose Joseph Chairman, Made In Lagos, Toyosi Ogunseye, Head of BBC West Africa and Vice President World Editor Forum amongst many others.  The event attracted various electronic and print media such as Channels TV, TV Continental, Super Screen TV,Thisday, Punch, Newspapers and City Pride magazine and several online media publicist in Nigeria.
Charles was given the award in recognition of his exemplary leadership style, demonstration of excellence in the legal corporate sector, his innovative legal approach in handling legal business transactions that has been recorded as ground breaking coupled with his humanitarian gesture. 
Chief Abimbola Moyosore Aboderin in presenting the award said “your hardwork and perseverance has finally earned you this well deserved award. Congratulations and keep it up “ . 
Charles dedicated the award to his beautiful wife Mrs. Francisca Ajiboye and his dedicated Team of The Penthouse Law.
He just been nominated again by ESQ Legal Awards in the category of 40 under 40 Rising Stars to be honored at an event which comes up on the 1st of November, 2019 at Landmark Conference Centre, Lagos.
NBA Ikeja Celebrates Its Members On Their Conferment as SAN

NBA Ikeja Celebrates Its Members On Their Conferment as SAN

by | Sep 24, 2019 | Uncategorized

It is with utmost joy that the Chairman, NBA Ikeja Branch, Prince Dele Oloke on behalf of the Executives and members celebrates her inspiring and worthy Excellent Members; Samuel Agweh,SAN, Emeka Ozoani,SAN and Olukayode Enitan,SAN on their conferment with the noble  rank of Senior Advocate of Nigeria (SAN).

It is indeed a hattrick for the branch worthy of celebration.

Congratulations!

Signed: Charles Ajiboye, FICMC
(Publicity Secretary)

How Small And Medium Enterprises (Sme) Can Protect Their Businesses – Part 1 | Linda Nnamani

How Small And Medium Enterprises (Sme) Can Protect Their Businesses – Part 1 | Linda Nnamani

by | Sep 23, 2019 | Uncategorized

SME’s is believed to be
catalysts for economic growth and national development both in developing and
developed countries. 

Nigeria as a developing
country has a host of opportunities to be tapped into and utilized by its
citizens. Majority of these has seized such opportunities to startup businesses
as a means of livelihood in order to ameliorate hardship in these volatile
economic times and also as an alternative to joblessness which is common in the
country; however, more often than not, people undermine the need and importance
of giving a legal protection to their businesses. A lot call themselves
business owners and entrepreneurs without giving their businesses the standard
legal protection that it needs, this trend is wrong and at times catastrophic.


The first step to take to
protect your business while starting up involves 

1.           
REGISTRATION
OF YOUR BUSINESS WITH THE CORPORATE AFFAIRS COMMISSION (the commission)[1].

The commission is the authorized agency empowered by
law to regulate and supervise the affairs of companies in Nigeria.

There are different types of companies which can be
registered in Nigeria. There includes partnership[2],
company limited by shares, company limited by guarantee and an unlimited
company[3],
the intending business owner can choose the type suitable for him/her, depending
on nature of business the person is willing to undertake. It is also very
important to note that certain legal considerations must be undertaken to form
a company. The prospective business owner must be up to 18, be of sound mind,
must not be bankrupt etc.[4]

The importance of registering your business cannot be
over emphasized as it runs deep into the progress or failure of your business. Registering
and starting up a company might seem like a big step however it is accompanied
by several rosy benefits.

Benefits
of Registering a Business

As stated earlier, the
benefit(s) of registering a business is enormous. The benefits include:

1.    
It gives you a unique identity to the
exclusion of all others

2.    
It validates your business: In this time
an era where fraud rate is high, Investors and customers need vendors they can
trust.

3.    
It protects you from Liability: When you
register a limited liability company, your risks are limited to the number of
shares taken.

4.    
It has perpetual succession: You can pass
your business from generation to generation. Leave your footprint in the sand
of time, the importance of continuity cannot be over stated. Your business can become
another SHELL OR JULIUS BERGER

5.    
It helps in establishing a corporate bank
account. It is more professional to give your clients a business account
for payment instead of your personal account which has your own full name.

6.    
It is more convenient to obtain loan with
a registered business: You are taken more seriously, Investors want to know
that your business is structured, exists legally and is separate from your
personal account.

7.    
It gets you that desired contract. While
bidding for a contract, a registered business always gives your company
priority over others.

8.    
It prompts funding when opportunities
arise from government. There are lots of sustainable processes set up by the
government capable of building the prospect of small and medium scale enterprises
and consequently can be a path to national recovery of the Nigeria ailing
economy. But you need to be seen as someone who is ready. 

It may cost you some
money, time and effort but it’s really a small price to pay to avoid costly
damages and regret down the road. START
SMALL, START SMART, REGISTER YOUR BUSINESS NOW.

LINDA
NNAMANI

Corporate Law

TRIAX SOLICITORS

Photo Credit – The Guardian Newspaper 

[1]
The Company and Allied Matters Act, Cap 59, Laws
of the Federation of Nigeria, (LFN), 2004, s.1 provides that the Company and
Allied Matters Act shall establish the Corporate
Affairs Commission, which shall provide for the incorporation of companies and
incidental matters, registration of business names and the incorporation of
trustees of certain communities, bodies and associations.
[2]Ibid, s. 656 (1) succinctly provides that Every
individual, firm or corporation having a place of business in Nigeria and
carrying on business under a business name shall be registered in the manner
provided in this Part of this Decree if –  (a)  in the case of a
firm, the name does not consist of the true surname of all partners without any
addition other than the true forenames of the individual partners or the
initials of such forenames; (b)  in the case of an individual the name
does not consist of his true surname without any addition other than his true forenames
or the initials thereof; (c) in the case of a corporation whether or not
registered under this Decree, the names does not consist of its corporate name
without any addition.
[3]
Ibid, s.21 provides that an
incorporated company may be either a company-
 (a)            
having the liability of its members limited by the memorandum to the amount, if
any, unpaid on the shares respectively held by them (in this Act referred to as
“a company limited by shares”); or (b)            
having the liability of its members limited by the memorandum to such amount as
the members may respectively thereby undertake to contribute to the assets of the
company in the event of its being wound up (in this Act referred to as “a
company limited by guarantee”) or (c)            
not having any limit on the liability of its members (in this Act referred to
as “an unlimited company”).
  (2)         
A company of any of the foregoing types may either be a private company or a
public company.

[4]
Ibid, s.20.

Nigeria And The Right To Food | Eberechi May Okoh

Nigeria And The Right To Food | Eberechi May Okoh

by | Sep 23, 2019 | Uncategorized

Following the President’s announcement last
month that Nigeria had attained food security, questions arose from several
quarters on food security in Nigeria. The underlying issue in any food security
discourse is that the right to food is and must be recognized as a human right protected by law.
Consequently, food
security is a human rights obligation, not simply a preference or policy
choice, or an aspirational goal.[1]
The first instrument setting out the right to food was the 1948 Universal
Declaration of Human Rights (“UDHR”).
 


It provides that everyone has the right
to a standard of living adequate for the health and well-being of himself and
of his family, including food.[2]  The provisions of the International
Covenant on Economic, Social and Cultural Rights (ICESCR) 1966, expanded this to include a right to adequate
food. Several other international instruments abound. Though Nigeria ratified
the ICESCR in 1993, the instrument is not yet domesticated. 


The right to food
in Nigeria is provided under the Constitution as a non-justiciable right. The
combined effect of not domesticating the ICESCR and making the right to food a
directive principle means that the Nigerian Government cannot be held
accountable for the current violations of the human right to food. Clearly, the
right to food is meaningless unless it is upheld. [3]

 According to the Food
and Agriculture Organization (FAO) of the United Nations, the right to food
does not imply that governments have an obligation to hand out free food to
everyone who wants it. It is not a right to a minimum ration of calories, proteins
and other specific nutrients, or a right to be fed. It is about being
guaranteed the right to feed oneself. This implies availability, adequacy and
accessibility. For Nigeria to be seen as protecting this right, workable policies
must be in place to ensure the economic reality of the citizenry accords them availability,
adequacy and accessibility to food.

Early 2018, Nigeria became the World Poverty Capital and has
maintained the position to date. The statistics responsible for this include
not only the insecurity crisis in the North but also lack of access to food in
the South and the rest of the country. In a 2018 report, Action Against
Hunger’s food security programs were said to have reached approximately 1
million people in 2018, while in Yobe, Borno and Jigawa States, their nutrition
and health services supported approximately 2.7 million people.[4]
The Lagos Bank Food has reached over a million beneficiaries especially between
the ages of 0-16 in Lagos State in terms of food and relief materials.[5] Without
question, the work of the FAO accounts for a high percentage of food aid in
Nigeria. Then there are the undocumented accounts of food charity carried out
by religious and non-governmental organizations. 

It is important to point out that the Government is the primary
duty bearer of the right to food under international human rights law.[6] It
is also notable that the obligation to ensure citizens have access
to food is not diminished by a claim of scarce resources. The Maastricht
Guidelines on violations of economic, social and cultural rights provide that
scarce resources do not relieve States of minimum obligations. It also notes
the need to differentiate between inability to comply with treaty obligations
from unwillingness to comply.[7]

The likely way out might be
for Nigeria to join the league of Nations that provide for the human right to
food as an enforceable human right. In Nigeria, overconsumption occurs
alongside underconsumption. Thus, the consideration should not be whether the
country has adequate resources to protect this right positively but whether the
country is committed to economic policies to ensure the Nigerian’s human right
to food is protected.

By: Eberechi May Okoh 


[1] Ahluwalia Pooja, The Implementation of the Right to Food at
the National Level: A Critical Examination of the Indian Campaign on the Right
to Food as an effective Operationalization of Article 11 of ICESCR  (2004) 8 
Center for Human Rights and Global Justice Working Paper, Economic,
Social and Cultural Rights Series 13.
[2] Article 25 (1) UDHR 1948.
[3] Pooja Ahluwalia (n1) 16.
[6] Girmay Teklu Analysis on Legal Status of The Right to Food 2019 7.1 Journal of
Political Sciences & Public Affairs 361.
[7] Masstricht Guidelines on Violations
of Economic, Social and Cultural Rights, Maastricht, January 22-26, 1997. http://hrlibrary.umn.edu/instree/Maastrichtguidelines_.html
accessed 14 July 2019.