Operation AMOTEKUN, National Security and Countenance of the Law | Daniel O. Adedigba

Operation AMOTEKUN, National Security and Countenance of the Law | Daniel O. Adedigba



In what appears like a New Year gift, the South – West governors on January 9, 2020 inaugurated Operation Amotekun, a security outfit directed to combat killings and kidnapping in the zone. According to the governors, the security outfit is necessary at this point following the persistent serial killings and kidnapping in the zone by Fulani herdsmen. 


Following the sequence of insecurity in the South West, on the 5th day of May, 2019, there was an abduction of a lecturer of Obafemi Awolowo University, Professor Olayinka Adegbehingbe at the Ikoyi/Apomu junction of the Ife/Ibadan expressway of Oyo State. Also, on the 13th day of July, 2019, there was a report that gunmen who were suspected to be herdsmen killed Funke Olakunrin, a daughter of the Afenifere leader on the Ondo-Ore road. On the 2nd day of August, 2019, a pastor of the Redeemed Christian Church of God and four others were kidnapped at the Ogbere area of Ogun State. These incidents among others gave birth to Operation Amotekun.
Reactions have however trailed the inauguration from certain quarters that choose to name the security outfit as illegal. These reactions include threat from the Miyetti Allah Organisation to deny south west of the 2023 Presidential seat as well as terming the outfit as a possible disaster for Nigeria. 
The Attorney General of the Federation, Abubakar Malami, SAN similarly declared the security initiative as illegal relying on the position that the power over security is an exclusive duty of the Federal Government.

In the midst of the comments parading the Amotekun initiative, its pronouncement as illegal and the occasioned counter arguments, it becomes extremely instructive to make recourse to the law for the determination of its legality or otherwise.

The primary provision of the Constitution of the Federal Republic of Nigeria relating to government and security is Section 14 (2) (b) which provides, “the security and welfare of the people shall be the primary purpose of government.” Flowing from the provision, it become worthy to acknowledge that security is a responsibility of the government and any government that fails in providing security for its people has failed a statutory obligation and it follows quickly that the event of the failure of the government will open doors for citizens to make productive steps to secure themselves. A clear study of Section 14 (2) (b) speaks of government generally whether Federal, State or Local Government.

The antagonists of the Operation Amotekun initiative have argued that the initiative is unnecessary owing to the constitutional recognition of the Nigerian Police Force. However, Section 214 CFRN which establishes the Nigeria Police Force, provides, “there shall be a police Force for Nigeria, which shall be known as the Nigerian Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.” By this provision, the constitution merely established the Nigeria Police without spelling out in clear terms their functions or their exclusivity in criminal or security matters. 
Section 4 of the Police Act however did a deep illumination into the functions of the Nigerian Police Force. It provides, ‘the police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged…’ By interpretation, the law did not in any part make the security of lives and property the exclusive duty of the Nigeria Police to the exclusion of any other entity. From Section 214 CFRN, it becomes clear that any state or local government can establish any entity in their bid to comply with the security obligations of Section 14 (2) (b).

From the above statutory directives, it is clear that Operation Amotekun is not illegal by any constitutional directive. The pronouncement of the Attorney General of the Federation of Operation Amotekun as illegal therefore is lacking force as the Office of the Attorney General of the Federation created by Section 150 CFRN does not have the power conferred to the courtroom under Chapter VII of the constitution.
In the instance of any confusion, it is instructive that the Attorney General of the Federation should approach the Supreme Court which is constitutionally robed with an original jurisdiction over this matter.

Pending the predictable pronouncement of the Supreme Court, Operation Amotekun has the presumption of legality and should be given all the supports needed to achieve its overall objectives.

Daniel O. Adedigba
adedigbadaniel01@gmail.com
08108019481
NBA Elections: If You Must Cry, Do Not Shed Crocodile Tears!

NBA Elections: If You Must Cry, Do Not Shed Crocodile Tears!

A few days ago, I read a few commentaries which were so laden with crocodile tears that I thought it necessary to write and provide this ‘mop’ to wipe our floor clean again. For context, I have reproduced two of those commentaries below:

“The entire Nigerian political and moral systems are deteriorating fast and sickening. The forthcoming NBA national elections and intrigues by some aspirants are shameful and condemnable by morally upright lawyers. Does it mean that our conscience as a noble profession is lost? Are we getting so gullible to be bought by free dinners and concerts? Trying to buy our votes through dubious and messy programmes is silly. NBA should not get into the arena of the obvious moral decadent political system of the country. This emerging morally bankrupt programmes by aspirants should be condemned by all well-meaning lawyers. If we fail to raise the wise alarm now, it will get to actual vote buying with cash as it is with the present election system in the country. Let’s all rise up against the morally bankrupt agenda of corrupt minds from taking over our national body (NBA) through dubious means.” [sic]

“When we make excuses for what is ethically unacceptable in the legal profession, I weep for our once noble profession. In the forthcoming NBA election, we as lawyers must make a distinction between those who are ready to serve and those who believe our votes can be bought by giving us appearance of being nice. Those who have not been greeting us or praying for us on social media before will start doing so now. Those who never care to pay practising fees for young lawyers will suddenly start to do so now. Those who never attend or organise social functions for lawyers, will start doing so now. Those who have nothing to offer the profession in terms of brevity and speaking out against the declining ethnic in the profession are now doing so. Those whose conduct fall far below the expected standards of conduct will be pontificating now as messiah of the Bar. We are descending to so low standard of conduct in the conduct of our election that I really don’t see the difference between our NBA election and the conventional politics in Nigeria. As lawyers we must avoid giving appearance of impropriety in our quest to occupy any post in NBA. Time has come for us as lawyers to respect our rules of professional conduct in the legal profession if we want the society to take us serious. This is what is on my mind today.” [sic]

I have refrained from producing the names of the persons who made these comments simply to protect them from the backlash of their own myopia and amnesia, details of which are discussed below. As a preliminary point, I must confess that I am tempted to respond generously to the commentators’ confusing reference to moral standards when the NBA’s 2015 Constitution as amended (the “Constitution”) clearly specifies what amounts to legally permissible electoral conduct. I must also confess that I am going to fall into that temptation with joy! So far, and to the best of my knowledge, none of the aspirants appears to have breached the electoral provisions in the Constitution, and all their conducts are legally permitted. Importing morality, without more, into this is therefore a cheap attempt to muddy otherwise clear waters, especially in the face of the highly elusive and relativist nature of morality.

What the first commentator considers as moral may be deemed immoral by someone else. So, the first commentator has no standing to declare what may amount to morally acceptable standards, or what may comprise a moral system, or who may qualify as a morally upright lawyer. Having said the above, I must state that I am not incurably positivist. Neither am I incurably naturalist. I understand the normativity of law, I understand the normativity of morality, and like Devlin and Paton, I also appreciate the moral content of law. In this respect, we should only raise questions of morality if we can show that they comprise the moral content of clear provisions of law, but the first commentator woefully failed to do that.

Interestingly, the Austin Alegeh administration and the writers of the Constitution also appreciate the moral content of law and that was why they instituted universal suffrage and electronic voting. These were designed and introduced to eliminate the highly corrupt delegate voting system through which NBA leaders were ‘selected’ in the past. I am therefore shocked by the commentators’ amnesia. They appear to have forgotten the road we travelled before getting to this point. They appear to have forgotten that they were active participants in the previous corrupt system. Permit me to refresh their memory:

When we operated the delegate system, it was an open secret that it was fraught with corruption. Candidates and their cronies had access to the delegate lists, targeted delegates, sequestered them in hotels, paid them monies, and literally bought their votes. It was a disgraceful system that had to be terminated. The commentators and their folk were around when this was going on. They were complicit either directly by monetising votes or indirectly by failing to cry as they are now doing. In fact, a story has been told of a particular candidate in a previous election cycle who had sequestered delegates in a hotel (all-expenses paid) but subsequently lost the election. The report was that the candidate angrily evicted all those delegates from the accommodation immediately he received news of his loss. Well, this is hearsay and I am not reporting it to assert its truth. I am only reporting it to prove that it was said and I heard it. To the readers who were around then and can assert its truth, wink.

Anyone who has knowledge of the previous system must acknowledge that we have made significant progress by instituting universal suffrage and electronic voting. A failure to acknowledge that is clearly a medical case of amnesia. Assuming, but not conceding, that there is any merit in the commentators’ views, how many votes can one person buy under the new system? How many lawyers can one person pay practicing fees for? How may free dinners and concerts can one person sponsor? Assuming there is someone who has that kind of capital to risk, and indeed risks it, can that person micromanage voting as was done during the era of delegate voting? The answer to this last question is clearly in the negative.

Voting, under the new system, is a private matter conducted in the comfort of the voter’s home or office. At the end of the day, the voters are free to vote as they please. The allegations of actual or perceived political inducement, therefore, not only fail to make any sense; they also insult the collective nous of the voters, who are all learned people and are capable of taking independent decisions that they consider most favourable for them and their professional association. At the very best, the actions complained about by the commentators would only result in increased voter awareness of the candidacy of particular individuals especially as voters are still free to vote as they please. The commentators’ sudden concern for the conscience of our noble profession is simply bellyaching on account of their loss of control. They want the delegate system back at all costs, so that they can control the elections and make money off it. In fact, at the 2019 Annual General Meeting of the NBA, at least one of the commentators and their cronies were very vociferous in advocating for the re-introduction of the discriminatory, inept and corruption-laden delegate voting system.

As lawyers, we understand what an innuendo is. The commentators’ views are laden with innuendos, and even the blind can see who the target is. This fact, in my view, significantly worsens the commentators’ amnesia and points to their myopia. Only one of the aspirants is known for sponsoring scholarships, capacity-building trainings, NBA Branch meetings, and the likes. This aspirant sees what the future of the profession would be – something which the commentators clearly cannot see. This aspirant has been doing these for at least eight (8) years now, to my knowledge. In all that time, the commentators and their cronies did not describe any of those programmes, sponsorships or scholarships as morally bankrupt, or sickening, or dubious, or any of the other choice adjectives in the commentators’ kitty. The commentators’ moral compasses are suddenly functional simply because it is an election season and this aspirant is gathering the most momentum, to the commentators’ chagrin.

In any event, if the only complaint now is that a particular aspirant took a few people to a concert or to a dinner, then we are doing very well given our recent history. The new system may not be 100% perfect, but it is better than the delegate system by several million light years. The commentators should, therefore, stop complaining about very tangential and irrelevant matters, especially when there is clear evidence showing that the matters complained about predate these elections by several years and are not merely a gimmick. Let us focus on the key issues bedevilling the NBA. Let these campaigns be issue-based. Stop messing the campaign floors up. Save the crocodile tears for something else.

Prince Ifenna J. Okeke
Dele Adesina SAN, a Bar man per excellence

Dele Adesina SAN, a Bar man per excellence

I would like to tell you about a man who has been consistent in his position on national issues as it affects the country as a whole and the NBA in particular. A man filled with enormous experience in the running of the affairs of the Bar and has proven to be a trailblazer while he occupied Bar leadership positions.

Dele Adesina SAN is not a man to be intimidated or cowed by political bullies. He speaks up against draconian policies and programs irrespective of whose ox is gored.

Dele Adesina SAN, a Bar man per excellence is very active both at the Bar and also in private legal practice. He was the Publicity Secretary, the Secretary, and Chairman of Nigerian Bar Association, Ikeja Branch at various periods. In 2002, he was elected the General Secretary of the Nigerian Bar Association. The leadership of the Nigerian Bar Association at the time during which he occupied the power house of the Association in the capacity of the General Secretary is reputed for creating promotion of the welfare of Lawyers, uncompromising defence of Rule of Law, protection of the independence of the judiciary and the promotion of sustainable democracy. A few examples will suffice.



As the general Secretary of the Bar, he moved the leadership of the Bar to mount a sustained protest and demonstration against the then Governor of Anambra State – Chinwoke Mbadinuju after the brutal murder of the then Onitsha Bar Chairman- Barnabas Igwe and the wife. The NBA’s stance on the assassination ensured that Mbadinuju was not returned for 2nd Tenure as the NBA took a stand on that issue.

Again, about two years ago when a Female Lawyer was assaulted by a DPO in Onitsha, Dele Adesina SAN personally brought the issue to the Commissioner of Polici Anambra State and mobilized some senior members of the Onitsha bar to see that justice was done.

Dele Adesina SAN did not just suddenly start showing interest in the affairs of members of the Bar few months/years to contesting for the office of the President of the NBA. He loves the Bar and has the interest of lawyers at heart.

I will rather stand with a man who has been consistent in protecting the interest of lawyers and speaking up against abuse of power and disregard to the rule of law, than with one who suddenly started showing interest in the Bar because he wants to be President. You should too, my learned friend.

Obinna Akpuchukwu (HOD) Esq.
NBA Decides: We Must Not Permit The Manipulation of History | Orji Uka

NBA Decides: We Must Not Permit The Manipulation of History | Orji Uka

In the famous
words of Aaron Levenstein, “Statistics are like bikinis. What they reveal
is suggestive, but what they conceal is vital.” The same can be said of
history, particularly when manipulated to achieve a desired end.


Election campaign seasons are typically characterized by a proliferation of
different opinions/articles/posts most of which are designed to achieve a
partisan end. Regrettably, election into National Offices of the Nigerian Bar
Association (hereinafter referenced “NBA” or “the Association”) is not
immune to such. Accordingly, as election campaigns get set to begin for the
2020 elections into National Offices of the NBA, we have already started to see
such articles.


One of the tales currently being spun is that the South West geopolitical zone
of Nigeria MUST produce the next NBA President to give every zone a sense of
belonging, and to ensure that there is no predominance of people from one
inner-bloc to the detriment of others. In support of this position, one of the
illustrations referenced is the “fact” that the “Western
Bloc” is divided into two inner components, the South West and the
South-South/MidWest components. And that in 2008, when it was the turn of the
Western Bloc, Nigerian lawyers elected the current Governor of Ondo State, Mr
Rotimi Akeredolu, SAN from the South West, while the MidWest produced NBA
President in 2014 in the person of Mr Augustine Alegeh, SAN, hence it is the
turn of the South West to produce the next NBA President. The view has also
been expressed that anything short of that will amount to the promotion of
inequity and might defeat the very purpose for which the rotational presidency
applicable in the NBA was introduced.


The above represents the classic example of how to manipulate history.
Thankfully the electorate for the NBA elections is a highly educated and
well-informed electorate. It is for that reason, and that alone, that I
considered it imperative to provide the fuller facts and circumstances to
enable Nigerian lawyers make up their minds for themselves.

It is important to
state from the outset that there is indeed a policy of rotational presidency applicable
in the NBA. More than being a mere policy, the above is now clearly provided
for under the express provisions of the extant Constitution of the Nigerian Bar
Association 2015 (as amended).

By a combined
reading of Section 9 of the NBA Constitution and paragraph 2 of the second
schedule thereto, the NBA for the purpose of elections of National Officers is divided
into three geographical zones namely – Northern zone, Eastern zone and Western
zone, and the offices of President and General Secretary of the Association are
to rotate among the three zones. The Constitution also provides that where a
position is zoned to any particular geographical zone, the position shall be
rotated and held in turn by the different groups and/or sections in the
geographical zone.

It is instructive
to note that while the Constitution clearly spells out what is meant by
geographical zone and stipulates what States are comprised in each zone, there
is no attempt to explain what is meant by “group and/or section in the
geographical zone.” For that reason, it becomes pertinent to take a trip down
memory lane to determine how the rotational presidency policy has been applied
in previous NBA elections.

The rotational
presidency policy, albeit not expressly provided for under the NBA Constitution
until 2015, was resorted to as part of the panacea for the crisis that engulfed
the Association between 1992-1998 when NBA had no President and was run at the
Branch level only. After the election of Chief T. J. O. Okpoko in 1998 and the
expiration of his tenure in 2000, the successive Presidents  of the NBA are represented in the list below.


2000-2002 O. C. J. Okocha (Rivers) EAST

2002-2004 Wole
Olanipekun (Ekiti) WEST

2004-2006 Bayo Ojo
(Kogi) NORTH

2006-2008 Olisa
Agbakoba (Anambra) EAST

2008-2010 Rotimi
Akeredolu (Ondo) WEST

2010-2012 J B
Daudu (Kogi) NORTH

2012-2014 Okey
Wali (Rivers) EAST

2014-2016
Augustine Alegeh (Edo) WEST

2016-2018 A B
Mahmoud (Kano) NORTH

2018-2020 Paul
Usoro (Akwa Ibom) EAST

Even a cursory
look at the list above will reveal that the rotational presidency policy of the
NBA has been successful, at least in the sense of being respected for the last
two decades. A closer examination of the list however highlights some
interesting facts. 

Under the second
schedule to the NBA Constitution, the Eastern geographic zone comprises the
States in the South East geopolitical zone in Nigeria together with a part of
the South-South i.e. Akwa Ibom, Bayelsa, Cross River and Rivers States (all of
which were part of the old Eastern Region of Nigeria at the time of
Independence). The Western geographic zone comprises the South West
geopolitical zone together with the rest of the South-South i.e. Edo and Delta
States  (all part of the old Western Region
of Nigeria at the time of Independence) while for the purposes of the NBA
Constitution, the North comprises the entire North-Central, North-East and
North-West geopolitical zones (all part of the old Northern Region of Nigeria
at the time of Independence).

In the Northern
geographic zone, prior to the election of Abubakar Balarabe Mahmoud, SAN (Kano)
in 2016, both slots for the North were filled by two indigenes of Kogi State,
Bayo Ojo, SAN (2004) and J. B. Daudu, SAN (2010). There was no suggestion whatsoever
that their elections contravened the rotational presidency policy of the NBA,
as long as both belonged to the North.

In the Eastern
geographic zone, to those familiar with NBA politics, there was an unwritten
internal arrangement (under the auspices of the Eastern Bar Forum) between the
South East and the South-South components of the Eastern geographic zone to
rotate the Presidency between the two components. Interestingly, the first two
times that it was the turn of the South-South component of the Eastern
geographical zone to produce the NBA President, both Presidents O. C. J.
Okocha, SAN (2000) and Okey Wali, SAN (2012) hailed from Rivers State and this
presented no difficulty at all.

The unwritten
internal arrangement between the South East and the South-South components of
the zone to rotate the Presidency between the two zones was religiously
followed until 2018 when the incumbent President, Paul Usoro, SAN from the South-South
component contested, defied the odds and won the election. Interestingly, some
of those who supported his candidature are also part of those singing the
ethnic tune in the build up to the 2020 election.

The position in
the Western geographic zone even makes for more compelling reading. The first
two times the Presidency was zoned to the Western zone, the South West (Ekiti
and Ondo States in 2002 and 2008 respectively) produced the President. Again
there was no agitation by the emergency  advocates
for geographical equality that it be reserved for the other components of the
Western zone. When next the NBA Presidency was zoned to the Western geographic
zone in 2014, while I cannot claim to have first-hand knowledge of what
transpired, there have been several credible accounts of a meeting where
lawyers from the MidWest requested that the Presidency be reserved for them but
this was flatly rejected. The above is fortified by the fact that, contrary to
the dishonest impression that the NBA Presidency was zoned to the MidWest in
2014, there were in deed 3 very distinguished lawyers from the South West on
the ballot to wit, Mrs Funke Adekoya, 
SAN, Deacon Dele Adesina, SAN and Mr Niyi Akintola, SAN. Thus Mr Augustine
Alegeh, SAN emerged as NBA President in spite of, and not because of,  the lack of an arrangement between the
MidWest and the South West.

In light of the
above incontrovertible facts, all of which transpired in our lifetime as
opposed to some ancient era, it is therefore curious to contend, as some have
done, that Nigerian lawyers ought to ensure they elect only a core Yoruba man
as the NBA President and that any candidate who is not from the South West
geopolitical zone cannot fit into this equation. For the same reason it is at
best fanciful, to declare with magisterial authority that the MidWest has taken
its turn in the NBA Presidency.

In the final
analysis, we must not permit the manipulation of history by the emergency
geographical equality advocates even if they are Law School lecturers. The wider
Nigerian socio-political environment is facing serious existential problems especially
in the area of lack of respect for the fundamental rights of citizens and the
rule of law. There is a general consensus that as one of Nigeria’s pre-eminent organisations,
the Nigerian Bar Association has not truly lived up to its potentials in this
regard. As the 2020 elections approach, it would be counterproductive for
lawyers to elevate the tribal question above competence and the substantial
issues begging for attention. This is a new decade, let us get it right so that
when our history is told, unlike statistics it will not conceal anything vital.

My name is Orji A.
Uka

It’s 10 Days to the Career Training for Lawyers, have you registered?

It’s 10 Days to the Career Training for Lawyers, have you registered?




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– International Trade Law
–  Production Sharing Contracts
– Intellectual Property Law


· Date: 30th and 31st of January, 2020 

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The Premier Bar Rises up to the Challenge

The Premier Bar Rises up to the Challenge

On 7 January 2020, a member of the Nigerian Bar Association (“NBA” or the “Association”), Jake Okechukwu Effoduh, stirred the hornet’s nest when he tweeted that he had just paid the sum of N15,000 for his Bar practicing fees for the year. He also noted that he has been paying his practicing fees for the past nine (9) years and wondered what the NBA has done for him and the many others who pay these annual fees, statutorily required of all members of the Association.
Rather than overlook the tweet, which understandably went viral and resonated with a number of young lawyers, the tweet gave me cause to pause and truly consider what the NBA does for the thousands of its members, and more importantly, what the NBA can do for its members.
The NBA is the umbrella professional association of all lawyers admitted to practice in Nigeria and as stipulated in the Constitution of the NBA 2015 (as amended), part of the aims and objectives of the Association include the maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria; the promotion and advancement of Legal Education, Continuing Legal Education, Advocacy and Jurisprudence, etc.
The NBA is made up of 125 branches across the country, 3 professional sections, 2 specialised institutes, 3 forums and 8 practice-cadre forums. The National Secretariat of the NBA is managed from the Abuja office and the Association has an organisational structure which consists of a National Executive Committee, a National Officers/Management Board, Sections, Forums, Committees, Working Groups and a National Secretariat. The NBA organises annual conferences in August of every year and holds its general elections to elect its national officers every two years.
As well as the Association has arguably done, there should be no argument that it has not lived up its massive potentials, and can clearly do more. It is for this reason that one cannot but wholeheartedly commend the Lagos Branch of the NBA (aptly christened ‘the Premier Bar’) under the Chairmanship of Mr. Yemi Akangbe for the Continuing Professional Development (CPD) agenda of the Branch. The Premier Bar has in recent times made it a cardinal principle of investing directly in the members of the Branch especially the young lawyers, giving them hope of a better professional future and providing platforms for their upliftment by promoting their social mobility as essential building blocks for the development of the Bar of our dreams.
The Branch has taken up the mantle of the promotion and advancement of Legal Education and Continuing Legal Education in Nigeria and it is one of the few branches in the country, if not the only one, that has a dedicated and focused CPD committee.  This CPD committee has organised many innovative trainings, and mentoring initiatives all of which have been made available to members for free. The committee has had A-list speakers speak on topical issues at each of the last 26 monthly meetings of the Branch; introduced the group/speed mentorship initiative and a 1-1 mentorship programme; coordinated law firm led trainings and other collaborative initiatives. 
This week, the Branch raised the stakes a notch higher when it announced the approval of part sponsorship for 100 members of the Branch (in the sum of Four Million Five Hundred Thousand Naira at Forty-Five Thousand Naira, each) for the Nigerian training element of the CIArb/ NBA collaboration on Associateship certification courses. According to the Chairman of  the CPD Committee of the Branch, Tobenna Erojikwe, the Branch had earlier announced the successful negotiation of a reduction of about 50% of the costs of the training and the sponsorship will go to the first 100 (60 young lawyers and 40 others) members that make the £60 payment for the UK online assessment element of the training. 
We have also been assured that in the coming months, the CPD Committee will be launching the Branch’s Career Development Center and the Law Firm Mentorship Initiative. This is highly commendable and resonates with me as one who is deeply-rooted in such intiatives.
Consistent with the excellent spirit prevalent at the Branch, some private individuals have also taken it upon themselves to sponsor young lawyers to various career development trainings. Indeed, there is currently a Practice Preparation Course organised by ‘Legally Engaged’ and part of the participants are a group of 30 young lawyers drawn from different parts of the country who were fully sponsored to attend by Friends of Olumide Akpata, who has for long been a vanguard of similar capacity building programmes. It is hoped that other well-meaning members of the Bar will key into this crusade and sponsor similar trainings/programmes.
As a business law practitioner and an advocate for specialisation, I call on the young lawyers in the Branch to take advantage of this glorious opportunity. I also call on the NBA Lagos Branch to continue to blaze the trail and for the other branches of the NBA to match or surpass this. Above all, I call on the national body of the NBA to contribute to this discourse so that when next the likes of Jake Okechukwu Effoduh and other well-meaning young lawyers, demand to know what the NBA has done, and can do for them, we can at least point to this and hopefully other achievements.  

Desmond Ogba is member of the NBA Lagos Branch 

NBA Politics, Facebook Polls and Unintended Consequences | Douglas Ogbankwa Esq.

NBA Politics, Facebook Polls and Unintended Consequences | Douglas Ogbankwa Esq.

Politics and propaganda have been close friends since the dawn of time. Every NBA election cycle that I have had the privilege of observing had its fair share of propaganda, but it appears that the next elections will have a large serving of propaganda with extra sauce! Interestingly, most of the propagandist attacks so far have been aimed at a particular aspirant – Mr. Olumide Akpata. Why ‘The Establishment’ and their cronies seem particularly perturbed by this aspirant’s unmatched popularity amongst the NBA’s electorate leaves me bewildered. But, whatever the reason is, it is certainly not for the collective good of ALL members of the NBA.

In the past month, three interesting propagandist attacks were launched: the first, by a respected Silk on Twitter, was rather sad and clearly demonstrated why only progressive lawyers should lead the Nigerian Bar. Leaving aside the fact that this attack deliberately ignored Mr. Akpata’s long history of sponsoring scores of lawyers to NBA and other capacity building events; the attacker conveniently forgot, or did not know, that the event in question was literally a trade fair for young and progressive lawyers! In the modern market for legal services, clients are looking for lawyers with skills in intellectual property, data protection, music and entertainment law, fashion law, amongst others. Outside events of that nature, where else would a young and progressive lawyer meet and network with dozens of key players in the entertainment industry and a horde of young artists looking for the next record deal – contracts which young lawyers can easily draft to supplement the sad salaries they receive from key members of “The Establishment”?

Well, Mr. Akpata’s track record within the NBA, the throng of lawyers who are direct and indirect beneficiaries of his numerous sponsorships, and a host of progressive lawyers quickly reduced the potency of this propagandist attack to levels below zero. I think the attack was not really about the sponsorship itself. It was about something much more subtle – a deliberate question on that poster. Something that made the headlines in the last election and which would be the subject of another piece, or even a series!

The second attack, which was painful to read on account of the particularly poor writing skills of the attacker, attempted to use clear provisions of the 2015 NBA Constitution to distort the NBA’s political history. Well, we know our history and we know our Constitution. We cannot be deceived.

The third attack which, quite frankly, is the most interesting started on Facebook. As some of you may be aware, the administrator of a Facebook group called “Nigerian Bar Association Members”, created a Facebook poll on 12 January 2020 or thereabouts. This poll required members to vote for whom they reckon would become the next NBA President. To the organiser’s dismay, the poll had an unintended consequence!

As a preliminary point, I must state that the name of that Facebook group is suspect. The unauthorised use of the NBA’s official name as the name of the group creates the false impression of an official affiliation with the NBA. The NBA has several times warned members to desist from the unauthorised use of its name. Efforts must be made to draw the NBA’s attention to this group impersonating it.

The organiser of the said poll, who also doubles as an administrator of that Facebook group, is known to prefer a particular  aspirant – Dr Ajibade SAN. I wondered why he would organise such a poll, on a closed group, when he cannot be an unbiased umpire. I treated the poll with scepticism because I knew it was designed to create the manifestly false impression that Dr Ajibade SAN was popular. Sadly, the organiser could not even pretend to be fair. He deployed several clandestine machinations to frustrate Mr. Akpata’s chances of success and to guarantee his preferred aspirant’s success. For instance, the comments section under the poll was open and there were comments supporting Dr Ajibade SAN. The organiser had no problems with this. There were about sixteen such comments. Shortly after just two comments in support of Mr. Akpata were posted, the organiser turned off the comments section, creating the false impression that the significant majority of commentators preferred Dr Ajibade SAN.

As if that was not enough, only members of the group could vote on the poll. The organiser was very reluctant to approve the join requests of anyone whom he was not sure would vote for Dr Ajibade SAN. There were numerous supporters of Mr Akpata who complained that their join requests were not approved and were automatically prevented from voting. All attempts to publicly call the organiser’s attention to this were frustrated since all posts on the group required his approval.

Mr Akpata won the poll notwithstanding these hurdles. In announcing the results, the organiser shamelessly put his bias on display and even used Anthony Joshua’s first loss, and subsequent victory, against Andy Ruiz as a metaphor to console himself, Dr Ajibade SAN and his supporters. After that, some of Dr Ajibade SAN’s supporters started circulating posts on WhatsApp suggesting that Dr Ajibade SAN outperformed Mr Akpata, and even describing the vote margin as ‘paltry’. Well, a winner is a winner and a loser is a loser, irrespective of the margin.

I am reasonably sure that the organiser of that Facebook poll did not intend Mr Akpata to win, but he won. That poll is largely irrelevant in the grand scheme of things, but as with all things with a political undertone in this period, it must be put in its proper place of worthlessness.

With the foregoing said, it is very important for these propagandists to note a few things:

the NBA elections will be conducted nationwide, using a universal voting system. To a large extent, it is immune from the kind of bias that plagued this Facebook poll;

a cursory look at this Facebook poll reveals that most of the participants are from the South West (particularly Lagos), a handful from Abuja, one or two from Kano and other branches, and a couple of law students. It cannot even qualify as a microcosm of the NBA as it did not have up to an aggregate of 500 votes. It cannot be relied on as indicative of anything but the popularity of Mr Akpata even within the strongholds of the organiser and his preferred aspirant; and

I concede that the organiser achieved the goal of creating the very false impression that Dr Ajibade SAN was popular and could rank next to Mr Akpata. They are now riding on this to flood social media with false tales of Dr Ajibade SAN’s successful campaign. Nothing is further from the truth, and we all know that. Mr Akpata will not only win all such popularity contests, biased or not; he will win the upcoming NBA elections.

As we square up for the NBA elections, I personally expect that Mr. Akpata’s detractors will device even more mischievous shenanigans to distract us from the more important issues of merit and competence. However, these propagandist attacks prove only one thing: Mr Akpata is the leading aspirant, by several miles; and his only known “offence” is challenging the status quo which furthers the selfish agenda of The Establishment to the detriment of the larger demography of Nigerian lawyers.

Early Bird registration for the International Trade Law and Conflict Management training for Lawyers has been extended to Monday 13/1/2020.

Early Bird registration for the International Trade Law and Conflict Management training for Lawyers has been extended to Monday 13/1/2020.

                 
Great News! Early Bird registration for the International Trade Law and Conflict Management training for Lawyers has been extended to Monday 13/1/2020. 
Lawyers are certainly the heart of African International Trade and with the recently signed AfCFTA, businesses will require the services of lawyers who are skilled in International Trade Law and Conflict Management. 
Participating in this training will teach you – 
• How to structure Cross – Border Finance Agreements 
•The international regime for Trademark registration and protection. 
• Negotiation Skills 
• How to structure production sharing contracts across borders 
• Best and recent practices in International Trade Law 
• practice of International Arbitration, among other things. 
Details include  –
· Theme:  “Lawyers at the center of African Trade”
· Modules:  
– Negotiation & Conflict Management 
– International Arbitration 
– Cross Border Finance 
– International Trade Law
–  Production Sharing Contracts
– Intellectual Property Law
· Date: 30th and 31st of January, 2020 
·Time: 9am – 5pm daily
·Venue: Neca House, Hakeem Balogun Street, Alausa, Ikeja, Lagos.
·Audience: Lawyers
Registration Details
Fee per delegate     – N50,000                                                         
Early Bird (Ends January 13, 2020) – N35,000 
For registration, Please contact Lawlexis on 09095635314; 08055424566 Or send a mail to lawlexisinternational@gmail.com.
LAGOS INAGURATES COMMITTEE TO REVIEW LAWS EMPOWERING POLICE TO PROSECUTE  IN MAGISTRATE COURT.

LAGOS INAGURATES COMMITTEE TO REVIEW LAWS EMPOWERING POLICE TO PROSECUTE  IN MAGISTRATE COURT.

PRESS RELEASE

LAGOS INAGURATES COMMITTEE TO REVIEW LAWS EMPOWERING POLICE TO PROSECUTE  IN MAGISTRATE COURT.

… APPOINTS FOLA ARTHUR-WORREY AS CHAIRMAN

Lagos State Government on Wednesday inaugurated an advisory committee on Police Prosecutions in Magistrate Courts to review Laws enabling Police prosecutorial power.

The committee’s inauguration was in response to the clamour by Non-Governmental Organizations and Stakeholders to Bar Police Prosecutions of Criminal matters at the state Magistrate in accordance to the provisions of the Administration of Criminal Justice Acts (ACJA).

While inaugurating the Seven member advisory committee, Lagos State Attorney-General and Commissioner for Justice, Moyosore Onigbanjo, SAN, said the government will announce its position on the matter after the recommendation of the committee, which will be made known to the general public.

Part of the Committee’s terms of reference are as follows:
1. The State of Law in terms of Police Prosecutorial powers
2. Challenges of oversight functions of the AG
3. Distinctions in the type of offences police can prosecute
4. Magistrate Court Jurisdiction on criminal matters and it’s powers to review charges
5. Track the Number of criminal cases filed at the Magistrate courts in Lagos State within a given period and how many cases where successfully prosecuted
6. Whether the Office of the DPP can take over prosecution in over 150 magistrate courts in Lagos
7. Types and categories of cases Police prosecutors handle in the Magistrate court.

He added that the members were carefully selected based on their wealth of experience in State Criminal Justice practice.

Onigbanjo assured NGOs and residents in the state that  government’s final decisions will be based on fairness, devoid of sentiments and bias.

The Attorney-General urged the advisory committee to look beyond Lagos State in their deliberations and likewise consider the Laws of the Country inorder to give a balanced advise.

“I hereby urge you to look beyond Lagos State being a Pace setter to others in your deliberation to make informed decisions in your advise.

In his remarks, the Chairman of the
Advisory Committee, Fola Arthur-Worrey, commended the Attorney-General for the choice of committee members selected.

Arthur- Worrey promised that the committee will put in their best to make sure they present to the government, a rational recommendation within a month.

The Solicitor-General/Permanent Secretary Titilayo Shitta-Bey, in her address noted that the recommendations of the advisory committee would enhance the effective Administration of Justice in the State.

The Seven member advisory committee include:
Mr. Fola Arthur-Worrey – Chairman
Mr. Norrison Quakers, SAN – Member
Ms. Titilayo Shitta-Bey (Solicitor-General/Permanent Secretary, Ministry of Justice) – Member
Mr. Yhaqub Oshoala (Director, Public Prosecutions) – Member
DSP- Yetunde Cardoso, O/C Legal Dept, Criminal Investigation, Yaba, Lagos. – Member
Mr. Bayo Akinlade, NBA Ikorodu Chairman- Member
Mrs. Rukayat Owolabi – Member
Mrs. Arinola Momoh-Ayokanmbi – Secretary

Mr. Kayode Oyekanmi
Director, Public Affairs
8th January, 2020.

YOUNG LAWYERS FORUM (NBA YLF): NBA YLF TO FOCUS ON CAPACITY BUILDING AND PROFESSIONAL DEVELOPMENT OF YOUNG LAWYERS
 

YOUNG LAWYERS FORUM (NBA YLF): NBA YLF TO FOCUS ON CAPACITY BUILDING AND PROFESSIONAL DEVELOPMENT OF YOUNG LAWYERS  


FROM THE DESK OF THE GOVERNING COUNCIL OF THE NIGERIAN BAR ASSOCIATION, YOUNG LAWYERS FORUM (NBA YLF): NBA YLF TO FOCUS ON CAPACITY BUILDING AND PROFESSIONAL DEVELOPMENT OF YOUNG LAWYERS

 

On behalf of the Governing Council of the Nigerian Bar Association, Young Lawyers Forum (NBA YLF), we welcome everyone to the New Year 2020. A new year presents the opportunity of a new beginning and of renewed hope in accomplishing great things. Therefore, it is our hope that 2020 will be significantly marked by unprecedented growth and professional development for young lawyers.

 

It is trite that it is not enough to hope and we seize this opportunity to reaffirm our commitment to achieving the purpose for which the noble Forum (NBA YLF) was established, which borders on articulating the welfare of Young Lawyers (lawyers within the first seven years of post-call to the Nigerian Bar), addressing concerns raised by Young Lawyers and facilitating measures for the professional development of Young Lawyers.

 

In furtherance of the above objective, the NBA YLF will be implementing initiatives focused on capacity building, continuing legal education, mentorship, enhanced welfare and support for Young Lawyers. We are especially interested in ensuring that Young Lawyers are better prepared to assess and take advantage of the opportunities presented by changes in policies, laws and technology.

 

As we proceed, we will be counting on the support and cooperation of all Young Lawyers, our Learned Seniors and other associations within and outside the legal profession to accomplish our objectives for the benefit of the legal profession and the Nigerian society at large.

 

May the Year 2020 be a fulfilling one for everyone.


Tobi Adebowale (Chairman)        Patricia Udeh (Secretary)