Controversies and speculations have continued to trail the graft allegation charge against the President of the Nigerian Bar Association (NBA), Paul Usoro, by the Economic and Financial Crimes Commission (EFCC), making it arguably one of the most sensational news of the day. 

The NBA President was arraigned for the said offence on the 10th of December, 2018 before Hon, Justice S.M. Hassan of the Federal High Court, Lagos. But the case was adjoined till the 18th of December, 2018, on account of the fact that the Defendant had not been served with the Charge Sheet as at the time of his appearance in court.

However, in wake of the uproar that the news of the EFCC investigation of Mr. Usoro generated since it first made the headlines, a keen debate has been stirred. Many stakeholders in the legal profession are already taking position on the matter, with not a few condemning the apparent subjective modus operandi of the EFCC.

According to one of the senior lawyers present at the court scene who spoke on condition of anonymity, it is wrong to “accuse a man of money laundering, when the monies in question has documented evidence of their origin and purpose for which they were remitted. In money laundering, money goes round in a circle and has no apparent source or purpose and cannot be linked to a service rendered. 

“In this case,” he submitted, “Paul Usoro has clearly spelt out where the said monies came from. He has also showed the EFCC necessary documents but they (EFCC) are hell-bent on pursuing an investigation. Why didn’t they (the EFCC) go and ask who paid him the money why they paid him that amount? There appears to be a vindictive undertone here, if you ask me.” 

But then, some would wonder why a respectable organization like the Economic and Financial Crimes Commission would want to toe the unscrupulous line of indignity in the discharge of their constitutional assignments.

The answer is in politics. First, it would be recalled that Paul Usoro became the subject of EFCC investigation following his emergence as the President of the Nigerian Bar Association. This has led watchers to conclude that the whole money laundering allegation was orchestrated by political bigwigs within the NBA to tarnish Mr. Usoro’s good reputation.

The Nigerian Bar Association is one of the most influential professional associations in the country, with membership strength of well over a hundred thousand registered lawyers. On record, over two thousand lawyers are graduated from the nation’s law school annually. The functions and activities of the NBA certainly have a far-reaching impact on the polity in general, and can shape the narrative of governance. 

Thus, being the President of a body like the NBA is big deal. So expectedly, there is dirty politics going on underground; a bitter opposition by those who covet Paul Usoro’s lofty position and would go to any length to bring him down. 

Moreover, another school of thought is of the opinion that the issue is not merely the fallout of the power tussle within the NBA, but the result of the politics of the larger society. Of acute significance therefore, are the State in question and its governor, Udom Emmanuel. 

Akwa Ibom State is presently one of the opposition Peoples Democratic Party’s strongholds, and 2019 general election is just around the corner. The leader of the opposition in Akwa Ibom, mind you, is Godswill Akpabio, the immediate former governor of the State under whose wings the present governor flew to power. Now, both political heavy weights have fallen apart, setting the stage for a royal rumble. In politics, you fight dirty and you fight hard with every single weapon in your arsenal.

In light of the foregoing, it may seem obvious that the prime target of the investigation is not Paul Usoro; he only happened to be at the wrong place, at the wrong time. Collateral damage, so to speak. The grand objective appears to be to ruffle the political structure of the opposition in the State, thereby diminishing Gov. Udom Emmanuel’s chances of being returned in 2019. 

Then again, all these may just be mere conjectures. In a recent statement intended to assuage public opinion, Ag. Chairman of the EFCC, Ibrahim Magu, has urged Nigerians not to listen to insinuations that the anti-corruption fight is a witch-hunt. In Magu’s words: “You cannot be invited to the EFCC if you don’t have an offence committed somewhere. Anybody you see in the EFCC has committed an offence.”

But consider Magu’s words closely, because it speaks volume. It would appear that the EFCC already has a position on the matter. In their book, you’re already guilty. Paul Usoro is already guilty, even before the trial commenced in court! With positions like that, it becomes an almost impossible endeavor for anyone to get fair treatment when he has a case with the EFCC.

Expectedly, there are dissenting opinions on the matter. A number of legal practitioners are opting to take things with a pinch of salt, and would rather play safe by inferring that the case against the NBA President does not amount to an attack on the legal profession.

The position of the NBA, however, is unequivocal. In a communiqué released a few days before the first hearing on the 10th of December, reiterated that the Economic and Financial Commission lacks the power to meddle into client-lawyer contractual relationship.

The statement noted that the fees to lawyers by their clients is “not only a matter of privilege but also contractual,” adding that: “Usoro’s case is not the first of these intrusions; we all recall the case of Mike Ozekhome, (SAN) when the EFCC attempted to forfeit his fees on the pretext that the funds came from illegal sources…If these EFCC incursions are not checked, the Bar and the practice of our profession are .”

Furthermore, the NBA pointed out that the practice of law is founded on the independence of the legal practitioner, but that such independence is now “being threatened and trampled upon by the EFCC”.

Indeed, by questioning lawyers on the legitimate fees that they have earned from clients, the EFCC is breaching the lawyer-client privilege and showing complete disregard for the judgments of the courts in this regard.

In view of the arguments back and forth, and the position of the anti-graft agency, one can only ponder the questions: Why go after Paul Usoro? After all, he performed a service for which he was paid. Certainly the one to have been summoned to answer questions right now should be the one who made or authorized the said payment, and not the other way round.

Mr. Paul Usoro offers his legal services to anyone who asks for representation. He has even represented the Federal Government of Nigeria previously. For crying out loud, everyone is entitled to legal representation and is deemed innocent until proven guilty. Even the infamous kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, has (or had) legal representation. 

The case preferred against Paul Usoro may or may not be an attack on the judiciary, as postulated by a cross section of stakeholders. But it is definitely an attack on the integrity of an honest citizen who has worked hard to build an enviable reputation as a Senior Advocate in a system that mostly frustrates the dreams of her people. 

While Nigerians await the ultimate fallout of the ongoing EFCC V. Paul Usoro case, those at the centre of it all must bear in mind the huge significance of the case against the NBA President, for its eventual outcome can set the precedence for the practice of the legal profession in future.

For most young wigs, getting their legal career up to a good start after their post bar experience is a major bend that defines their trajectory. To help them navigate that crossroad, GreySage Consulting teamed up with dynamic attorney and digital media influencer, Akinyemi Ayinoluwa, for an exclusive mentoring workshop recently in Lagos.

The workshop which drew participants from Lagos, and neighbouring states, held on the 7th of December, 2018, at the Lagos Chambers of Commerce & Industry (LCCI) Conference and Exhibition Centre, Ikeja, Lagos.

Under an interactive atmosphere, the event was staged to create an avenue where share vital information on how young lawyers can master survival skills and create a professional life that effectively rewards them. The teachings were hinged on four pillars all pointing them towards desired career goals. 

Akinyemi who has contributed to Nigeria’s creative ecosystem drew on his experience as a Lawpreneur to highlight some of the pitfalls that has become major building blocks. The Lawpreneur demonstrated how he uses digital tools to push the boundaries within the legal ecosystem.  

Attendees were taught on how each individual can build a Community that supports law practice; what to do before starting a practice in Nigeria; how to cultivate a Personal Brand that supports your career and; how Nigerian lawyers can leverage content in a digital world.

After presentation on the topics, Akinyemi entertained a barrage of questions from the animated participants on the subjects examined. The workshop was lively and impassioned. The attendees also shared brilliant perspectives on what they learnt giving them an opportunity to also co-influence.

The workshop had about 30 lawyers in attendance. They left there with a mind shift, and renewed hope in finding a rewarding path with earned law degrees.

See some pictures from the event.

Question of the Week  

I
am Anwuli Okafor, a Biotechnologist and Lead Researcher at Science &
Wonders, a R & D center in Degema Local Government Area, Rivers State. We
conduct research on genetic variation, medicine, and plant science.

For over 3 years, my team and I have been involved in intensive research on a
special biological process for producing a plant we call Harmarain, a special
plant that adapts to both harmattan season and rainy season to boost food
production. We believe that Harmarain is a new invention and would like to
patent it. For this purpose, we consulted a patent agent. The patent agent
requested we share details of our Harmarain invention, including the drawing.
Our questions are: (1) In the process of our research, we developed new
principles and made new discoveries of plant biological processes we also wish
to patent in our name. Can we? (2) How do we share the details of our
invention, including drawings, without the risk of losing our invention to a
third party?

Answer

The answer to your first question is NO.
Principles and discoveries of a scientific nature, such as the biological
process on plant production, as you have discovered and developed, are not
patentable under Nigeria’s Patents and Designs Act. This is because they
are not inventions but merely principles and discoveries.

Regarding your second question on disclosing
the details of your invention, including drawings, you require a
confidentiality or non-disclosure agreement.

Though you didnt ask, your Harmarain
biological plant process may not be patentable in Nigeria.

 

Principles
and discoveries of a scientific nature are not patentable because they are not
inventions in the first place.

Section 1(5) of Nigeria’s Patents and Designs
Act states that principles and discoveries of a scientific nature are not
inventions for the purposes of the Act.

Though the Act requires that for an invention
to be patentable, it must be new, be a result of an inventive activity, and
capable of industrial application, the Act does not accept principles and
discoveries of a scientific nature to be inventions at all.

Did the drafters of the Act see these
principles and discoveries as some kind of magic or voodoo that should never be
granted patent? No. Patents are granted for application of knowledge to provide
industrial solutions (just as others create new problems!), not for knowledge
itself. Principles and discoveries are a body of knowledge, not inventions.

So a patent may not be granted for discovery
of the science of solar energy, for example, but patents have been granted for
inventive solar-powered panels.

 

To
prevent the disclosure of your invention including drawings, get the patent
agent to sign a confidentiality or non-disclosure agreement.

One irony about patent is disclosure. Before
you can get a grant of patent, you have to fully disclose your invention when
filing your application for patent. Section 3(1)(a)(ii) of the Patents and
Designs Act requires a description of the relevant invention with any
appropriate plans and drawings. For this purpose, you are required to disclose
the relevant invention in a manner sufficiently clear and complete for the
invention to be put into effect by a person skilled in the art or field of
knowledge to which the invention relates—section 3(2) of the Act. If the patent
agent gets this wrong, the patent may be invalidated in a court of law. So
disclose sufficiently.

Apart from when filing patent applications,
disclosing your invention before applying for patent is unavoidable in certain
situations. Business partners, potential inventors, or—in this case—patent
agents may require this. If you say NO, you may never be an inventor. Instead,
use a confidentiality or non-disclosure agreement. Use it before you disclose,
never after so you can be happy ever after.

Avoid simply downloading just any confidentiality
or non-disclosure agreement—or any legal document for that matter—online.
Simply downloading a template or a completed one from the Internet may be
dangerous. You may pay more for it eventually when things go wrong. And it may
be too late to fix it.

Always
have your confidentiality or non-disclosure agreement well-drafted and
well-reviewed by an IP attorney, tailored to your use.

 

Bad
News: Harmarain may not be patentable in Nigeria because the invention is in
respect of a biological process for plant production.

Sorry to break the news.

This is the position in section 1(4)(a) of
Nigeria’s Patents and Designs Act. It states that patents cannot validly be
granted or obtained in respect of plant or animal varieties, or essentially
biological processes for the production of plants or animals.

Except you are able to show in your
specification that Harmarain is a product of a microbiological process in your
plant production, it is not eligible for grant of patent in Nigeria.

For
a comprehensive legal advice and guidance, you may consult an IP lawyer or law
firm.

Best wishes

IP
ABC

Follow-up
questions, if any, are welcomed.

Source – www.infusionlawyers.com 

Instead of blaming prosecuting counsel for grossly violating their duties to  –

·       
be fair and just;

·       
be prosecutors and not persecutors;

·       
avoid trial publicity. Instead of placing the
blame on prosecuting counsel, some of our colleagues prefer to turn the blame
upside-down by erroneously blaming Mr. Paul Usoro for standing his ground in
Defence of Rule of Law, Due Process and Constitutionalism in Nigeria and by
refusing to be subjected to punishment before conviction and to trial on social
media instead of trial inside court of law. With due respect, some of our
colleagues are not being fair to Paul Usoro. I respectfully do not care if Paul
Usoro gets thrown into jail upon being (ie., IF he is) justly found guilty of
any offence. I do not care about that, because the wages of crime is punishment
according to law.

But I DO humbly INSIST that Paul Usoro
deserves to enjoy the benefits of his inalienable rights to:

·       
be presumed innocent unless his guilt is
established beyond reasonable doubt before a competent court of law;

·       
be not subjected to any form of infraction of
his constitutionally recognized rights and against undue curtailment of his
liberties unless and until his guilt is established before a competent court;

·       
be afforded the opportunity of being heard in
line with the twin pillars of natural justice part of which is expressed as
Audi Altarem Partem;

·       
be afforded adequate time, opportunity and
facilities to defend himself against charges he had told the world that he
personally sees as “politically-motivated;”

·       
enjoy the benefit of having all doubts
resolved in his favour as required by our adversarial criminal justice system;

·       
be not compelled to be the one to prove his
own innocence, against the dictates of the accusatorial criminal justice which
places a perpetual burden on the prosecution to establish guilt beyond
reasonable doubt;

·       
be not compelled to be subjected to any form
of inhuman and degrading treatment, against internationally acknowledged
standard practices and procedures. Learned Seniors and friends, graciously
permit me to go a little blunt about this matter.

If Paul Usoro
resigns before his conviction, then it means he is most unfit to lead Africa’s
most populous, courageous and revered bar.

·       
If Paul Usoro resigns before a proper
conviction, then Paul Usoro has exposed members of Africa’s largest bar to
future unrestrained and unrestricted and unrelenting persecution and unbridled
future harassment in the course of discharge of their professional
responsibilities as lawyers.

·       
If Paul Usoro resigns before a proper
conviction, then Paul Usoro would have admitted voluntarily he is guilty as
charged, after having declared to the world that he is innocent of all
allegations.

·       
I support all fight against corruption.

·       
I support that law-breakers be made to smell
the wrath of the law.

·       
But I insist that Rule of Law and Due Process
must be the anchors of our system of administration of criminal justice.

·       
On 16 January 2008, *Salman Rushdie* was
quoted by The Times of India to have said that freedom of expression and rule
of law are the two things that form the bedrock of any open society. A country
that lacks  or loses those two ceases to be a free country. Because as
*Michael Oakeshott* has declared,  rule of law bakes no bread, and is
unable to distribute loaves or fishes (it has none), and it cannot protect
itself against external assault, Yet rule of law remains the most civilized and
least burdensome conception of a state yet to be devised. Absence of rule of
law is equal to rule by whims and caprices of men in power. Aristotle was
right: the only stable state is the one in which all men are equal before the
law. And, at the foundation of civil liberties lies the principle that denies
to government officials an exceptional position before the law and which
subjects those in positions of power and authority to the same rules of conduct
that are commands to the citizen (per Justice Louis D. Brandeis).

I rest my case.  But I shall not
rest until Rule of law becomes the order of the day in a country that prides
itself as the giant of Africa.

 
Thank you and God Bless us.

Respectfully,
Sylvester Udomezue

UDEMS.

We support the Rule Of Law and the protection of human rights #law #legal #humanrights #humanrightsday #law #blawg #legalnaija

I am sorry, my respected Teacher, Prof, Learned Silk and personal OGA, with due respect, Sir, I  have not seen good reasons/support for the call for Paul Usoro to step aside or resign. My position is clear. Charge against Usoro is not charge against the NBA. And it is not NBA that would decide whether or not EFCC has powers to file charges against Mr Usoro. So, NBA should act wisely. 

However, while EFCC believes Mr Usoro has a case to answer, Mr Usoro alleges political with-hunt, saying there are unseen hands. The mere fact that the EFCC issued a statement to say there is a case for Mr Usoro to answer  somehow speaks volumes and lends some support to the call for Mr Usoro to NOT resign. EFCC shouldn’t try to establish its case on social media except there’s more to it. IIn the light of these conflicting  claims, the most reasonable thing is for Mr Usoro to NOT resign. Because, if he resigns and it later turns out to be a witch-hint (a sort of malicious prosecution), Paul Usoro would have been punished most unjustly. 

Let Paul Usoro stay in office, pendente lite. That does no one any harm. Neither the prosecution nor his “complainants” have anything to lose in having him in Office while his trial goes on unless there’re other objectives other than criminal prosecution. On the DUTIES OF THE STATE PROSECUTOR  IN CRIMINAL CASES,” with particulars reference to the duty to be “fair and just” and to not be a persecutor nor to secure conviction by all means, I suggest that EFCC should know from the onset that it is not a party to any Criminal matter it is prosecution. Its role is to ensure that justice is done Nothing more. The status of the state prosecutor in criminal proceedings is well captured by Mr Justice SUTHERLAND of the US Supreme Court  in the case of *Berger v. United States*, 295 U.S. 78, 88, 55 S.Ct. 629, 633, 79 L.Ed. 1314):

*”The … State Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer.

He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one”*

Good news night, Sir. 

I remain loyal. 

Respectfully,

UDEMS.

Sylvester Udomezue

The case of @officialEFCC vs. @PaulUsoroSAN is currently ongoing at the Federal High Court in Lagos. 

Chief Wole Olanipekun SAN, Lead Counsel representing @PaulUsoroSAN in the matter and other lawyers are in court and ready as proceedings are currently on the way. 

Though the NBA President was not served the charges against him, the EFCC proceeded to share the charges on social media and other forms of the press. An act which has been largely criticised by lawyers on the ground that the EFCC is playing to the gallery by conducting a media trial. 

It has been further reported that the EFCC invited the NBA President to its office this morning but Paul Usoro SAN asked the commission to serve him in court as he would there waiting for them.

The court is full and an overflow of lawyers can be seen outside. Updates would follow shortly

Updates will ff shortly.

. #paulusoroconnect #EFCCvsPaulUsoro https://t.co/nWSUteU0oh

The e-Commerce market in Nigeria is worth around $13 billion; according to a report by London based Economist Intelligence Unit (EIU), the National Bureau of Statistics (NBS) predicted that the e-commerce sector is expected to contribute about 10 per cent, of a projected N10trillion, to the nation’s Gross Domestic Product (GDP) by 2018

However, as e-commerce opportunities expand in Nigeria, so does the risk to unsuspecting users and customers.

Upon Presidential Assent, the Electronics Transactions Bill will be an Act to facilitate the use of information in electronic form for conducting transactions in Nigeria. Furthermore, the Bill seeks to provide a legal and regulatory framework for: 

(a) conducting transactions using electronic or related media; 

(b) the protection of the rights of consumers and other parties in electronic transactions and services; 

(c) the protection of personal data; and 

@Legalnaija 

I have followed the events leading and subsequent to the “reported” Charge filed against Mr Paul Usoro SAN, the NBA President, I must confess that these are interesting times to be alive as a lawyer. For one, as I write, no Court process has been served on Mr Usoro SAN to the best of my knowledge. The Charge is still surrounded in mystery. 

In the past, one would have at least expected a filed copy of such Charge to have flooded the internet in keeping with the Economic and Financial Crimes Commission (EFCC)’s media trial strategy. But, no one has sighted a copy of this controversial document except a draft of what purports to be the Charge circulating on most WhatsApp groups. Strangely, the draft only contains the Statement of Offence without more. Given that some credible media outlet has published not only the Charge Number but the Judge and the Prosecutor handling the matter, it is safe to assume that there is indeed a Charge. 

Now to the real issue, I have come to notice that there are three groups of people who are fueling the debate in respect of the Charge on social media. First, those who are sympathetic to Mr Usoro SAN. This group has one central message – EFCC should leave Mr Usoro alone and stop harassing a man for earning what is due to him from his professional services. 

The second group is made of people who see this incident as an opportunity to cut their pound of flesh from Mr Usoro for obvious reasons. There are splinter sub-groups within this second group but there are all working towards the same objective – to pull Mr Usoro down at all cost. Here, you will find those who lost in the last Nigerian Bar Association (NBA) General Elections and their sympathizers and supporters. You will also find in this group those who are not comfortable with the new order in NBA administration. Of course there are also political vultures who are after the soul of Akwa Ibom State and who must crush any threat both real and imaginary that stand on their way even if it means taking down an armless passer-by. This second group is the most complex of all as it is difficult to decipher the composition of the syndicate. Its members are the ones putting the fraud and money laundering spin on the debate. Prof Ernest Ojukwu is one of the founding members of this second group and his recent veiled call for Mr Usoro to step down as the NBA President did not come as a surprise. Prof Ojukwu’s attention should be drawn to Section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) as he is feigning ignorance of same.  For a man who claims he believes in the rule of law, it is a paradox that he has suddenly forgotten that the presumption of innocence of an accused person forms part of the pillars of the Rule of Law. You do not condemn a man who has not been found guilty. Asking Mr Usoro to step down is tantamount to punishing him for a crime he is presumed innocent of. There are precedents that should guide Prof Ojukwu and members of this group. The Nigerian Senate President did not resign his position when he was standing trial at the Code of Conduct Tribunal for what was popularly reported as a politically motivated charge. Of course there were those who wanted Saraki to resign his position on the mere ground that he was standing trial.  Outside Nigeria, the Israeli Prime Minister, Benjamin Netanyahu is currently facing series of corruption cases but he is still in the office.  

The third group constitutes of professionals who are concerned about the implications of the EFCC actions, not only on the legal profession but on other professions as well. This group is not influenced by any partisanship or inclinations. There are fears amongst the members of this group that there are dangers lurking in the shadows with the way EFCC is veering off from its statutory duties. This last group recognizes the statutory roles of EFCC as provided under the EFCC Act and insists that the Commission should focus on its mandate of fighting economic crimes and allow professionals to conduct their businesses and contribute their quota to the growth of the dwindling GDP of this country. At the risk of sounding immodest, I believe I find myself within this last group. I appreciate the efforts being made by the EFCC to curb corruption in Nigeria but one cannot close his eyes to the derailment in the operations of the EFCC which has been recognized by the Highest Court in the land. I want EFCC to be an institution that is insulated from political manipulations either from politicians or those who have axes to grind against another as it will serve the interest of all if we have strong institutions.  

The real Issue in dispute

A hallmark of a good lawyer is not to make an assumption on issue of facts. I am pretty certain that majority of those who have been calling for the head of the NBA President online are not abreast of the facts leading to the Charge. I am not talking of those who chose to distort the facts to suit their mischievous narratives. I will implore those who are interested in the real facts to accompany me as we patiently navigate through the facts in issue leading to the Charge of Money Laundering against Mr Usoro. I must commend Mr Usoro himself for he has done enough to educate the public on these facts. It is no news that the EFCC has been investigating the affairs of Akwa Ibom State as well other States especially those governed by the opposition party. Recall that the EFCC had at sometime attempted to freeze the account of Akwa Ibom State Government leading to a Suit at the Federal High Court in Uyo filed by the Attorney-General of Akwa Ibom State challenging the powers of the Commission in that regard. EFCC had in its Statement of Defence which has now become a public document, in the Uyo civil Suit made the following allegations:

1. In the course of its statutory functions, it found massive suspicious transactions from the account of the Akwa Ibom State Government in what the Commission termed grand conspiracy between the Executive Governor of the Akwa Ibom State, the Accountant General of Akwa Ibom State, the Attorney-General of Akwa Ibom State, the Commissioner of Finance Akwa Ibom State, one Margaret Thompson Ukpe and Paul Usoro & Co;.

2. In one of such suspicious transactions, on 10 March 2016, the sum of N700 Million Naira was withdrawn in cash from the Akwa Ibom State Accountant General Impress account.

3. Out of the said N700 Million Naira, the sum of N300 Million was deposited in cash in the Zenith Bank account of Paul Usoro & Co without any contractual relationship between the Akwa Ibom State and the said Paul Usoro & Co.

4. EFCC invited Paul Usoro SAN who volunteered extra judicial statement confessing that the said N300 Million was his professional fees for handling Mr Udom Emmanuel’s personal matter before the election tribunal.

5. In a similar vein, the total sum of N1.1 Billion Naira was also removed from the Akwa Ibom State Ministry of Justice Zenith Bank Plc account and lodged in Paul Usoro & Co Access Bank Plc account.

6. That out of the said N1.1 Billion Naira, the sum of N65 Million suspected to be a kick-back was paid to the Attorney-General of Akwa Ibom State by Paul Usoro & Co.

The foregoing is the crux of the Defence of the EFCC in the ongoing civil Suit before the Federal High Court, Uyo. As clearly obvious from the draft Charge circulating on social media, the Charge against Mr Usoro is the regurgitation of EFCC’s Defence in the said Suit and from what has been reported so far, the same Counsel who represents EFCC in the Civil Suit is also prosecuting criminal Charge.

Mr Usoro SAN on his part has informed the public that he volunteered Statements and submitted documents at the EFCC. In his speech at the just concluded National Executive Committee (NEC) of NBA meeting that took place in Abuja on 06 December 2018, he alluded to these facts. The summary of Mr Usoro’s position is that:

1. The N300 Million paid into the Zenith Bank Plc account of Paul Usoro & Co at the instance of Governor Udom Emmanuel, was the professional fee for the conduct of the Governor’s Election Petition appeal before the Supreme Court. As applicable in any organization, Mr Usoro received advice from his Client (Governor Udom Emmanuel) that Paul Usoro & Co’s account has been credited. At that point, Mr Usoro had no idea whether the payment was a cash lodgment and it was only until EFCC interrogated him on the fees that he got to know. People who operate large firms account with distinct accounts department will relate to and identify this.

2. Mr Usoro was the Coordinating Counsel for Governor Udom Emmanuel’s Election right from the Governorship Election Tribunal to the Supreme Court and the payment was for the various Counsel who were members of the Governor’s Legal Team. The records of the Election Petition Proceedings from the Tribunal to the Supreme Court will bear this out.

3. Mr Usoro denied and never stated that the N300 Million that was paid to Paul Usoro & Co was part of the N700 Million Naira that was purportedly withdrawn from Akwa Ibom State bank account. The sum of N300 Million it will be recalled was deposited in cash on behalf of Governor Udom. And of course, there is no legal duty on Mr Usoro or his law Firm to question the source of N300 Million paid by Governor Udom.

4. Mr Usoro not being a staff of Akwa Ibom State was never questioned in respect of the withdrawal of N700 Million mentioned in EFCC’s Statement of Defence in the Civil Suit.

5. As it relates to the sum of N1.1 Billion Naira paid into the account of Paul Usoro & Co between 24 August 2015 and 18 September 2016, the sum was for several arbitral and litigation matters which Paul Usoro & Co was and still handling for Akwa Ibom State and its agencies. This sum was paid by the State Government being the Client of Paul Usoro & Co in those matters.

6. Documents evidencing the said arbitral and litigation matters were contained in the Schedule submitted to the EFCC and the records of the Court proceedings are clear on the representation of Paul Usoro & Co on those matters. Just being curious, what can possibly be the concern of EFCC about the source of funds for N1.1 Billion for 19 cases when it is clearly stated that it was from the accounts of the state government? Has the EFCC traced the funds to determine round tripping to Politically exposed persons?

With the above facts, is it not clear that Mr Usoro has no case to answer and that the case of the EFCC is clearly off base. Section 15(2)(a)(b) of the Money Laundering Act, 2011 under which the Charge was premised, provides that:

“(2) Any person or body corporate, in or outside Nigeria, who directly or indirectly- (a) conceals or disguises the origin of; (b) converts or transfers; any fund or property, knowingly or reasonably ought to have known that such fund or property is, or forms part of the proceeds of an unlawful act; commits an offence of money laundering under this Act.

Section 15(3) of the same Act provides for the punishment of 7 years but not more than 14 years imprisonment for whoever is found guilty under Section 15(2) thereof. 

Whilst I do not pretend to know what material EFCC has in its Proof of Evidence to prove beyond reasonable doubt that Mr Usoro concealed or disguises the origin or converts or transfers the sum of N1.4 Billion Naira paid to his Firm as professional fees and that he knowingly or reasonably ought to know that the professional fees are proceeds of unlawful act, it will indeed be a herculean task and the eighth wonders of the World to see how the EFCC will scale through this hurdle of burden and standard of proof given Mr Usoro’s consistent position in this matter.

Of course, it is now clear that that the essence of the Charge against Mr Usoro is not to find him guilty after all, but to embarrass him out of the Office. There were even reports that the timing of Charge was deliberately set to coincide with the NBA NEC meeting. The plan was for Sahara Reporters and other media Trial Courts of EFCC to release the news about the Charge a day before the NEC Meeting so that it will form the basis of a well-orchestrated Motion at the NEC meeting for the impeachment of the NBA President. If it were not so, how else do you explain a situation where a Charge is filed against a Defendant and without serving or even informing the accused person, information about the Charge found its way to online media such as Sahara Reporters? The speculation that EFCC is working with Sahara Reporters and other online media to institutionalize media trial need no further proof. It is therefore laughable to read EFCC’s rejoinder to Mr Usoro’s NBA NEC Meeting Speech where the Commission amongst other things noted that it would not want to engage Mr Usoro on the pages of newspapers and that what is at stake is the legitimacy of the source of the money used for the various payments.  Those who are behind the charade are now speaking, leaving no one in doubt of their clandestine plan. Sequel to the EFCC’s rejoinder, Prof Ernest Ojukwu followed suit with a call Mr Usoro to prepare his resignation letter and even went ahead to add that the 1st Vice President take over as the acting President pending when Mr Usoro clears himself. Prof Ojukwu even suggested that he will ensure that the Trial does not exceed six months so that Mr Usoro would come back and conclude his tenure if he acquitted. What a height of desperation on the part of a man who should know better not to presume someone guilty without Trial. What exactly do Prof Ojukwu and his co-travelers want? I ask this because, Prof Ojukwu came distant third and up till now has not filed any Suit challenging the Election. Can’t he move on and prepare for the next NBA election? How long is he going to nurse this bitterness? If he truly loves the NBA as he professes, there are other ways he can contribute without sowing a seed of discord amongst the members.  

EFCC on its part should focus on its statutory mandate and leave professionals alone. If Mr Magi feels law practice is too lucrative, he should resign from position and proceed to acquire LL.B and B.L so that he can the same fat professional fees. It is on record that he had in the past questioned the professional fees being collected by Senior Advocates. Reading through the EFCC’s reported rejoinder, it is not in doubt that the Charge against Mr Usoro is an attempt to question the source of funds used in settling Mr Usoro’s legal services. To me, what EFCC has set out to do is turn lawyers into investigators who must first of all determine the source of funds used in settling their legal fees becoming accepting. That is utterly ridiculous and finds no basis in any known law. It will be too much to ask considering that the sum of N300 Million paid to Mr Usoro by Governor Udom was paid in cash and there is no duty in law or equity on Mr Usoro to confirm from Governor Udom the source of the N300 Million Naira before accepting same. As it relates to the sum of N1.1 Billion Naira, the case of EFCC is even more hopeless given that Mr Usoro has shown that the said sum was paid by Akwa Ibom State Government in respect of arbitral and litigation matters being handled by Paul Usoro & Co for the State government. Where then is the crime committed in this case? Beyond the issue of lawyer-client privilege, it will be incongruous to expect a professional to turn himself into an investigator after rendering services to his client, in order to ascertain the source of funds used in settling his professional fees. That will be too dangerous a precedent to set. 

It is a matter of public knowledge that EFCC outsources some of its legal services to external lawyers. Virtually all the Ministries of Justice in Nigeria brief external lawyers possibly due to complexities of those matters or as a result of shortage of man power at the Ministries. Clearly, EFCC is chasing shadows and the earlier the Commission realizes that there are important cases pending before various Courts in Nigeria demanding its attention, the better. The need for EFCC to focus on its key mandate cannot be over-emphasized. I am presently defending some Defendants in some criminal matters involving EFCC and some of those cases have been scuttled on several occasions due to the fact that EFCC’s officials who are the witnesses in the matters are not available. In some cases, it is their prosecutors that are not available. Thus, if EFCC continues to be used as an instrument in the hands of politicians and those who have axes to grind against another, the Commission will gradually lose public confidence and deviate from its core statutory mandate. From being a debt collector, to delving into purely contractual/civil matters and now to investigating the source of lawyers’ fees. Who knows the next victim of the EFCC shadow chasing onslaught? My only worry is that tax payers’ funds are being utilized in this wild goose chase. Sadly, EFCC is not a good student as it has refused to learn from its sister Federal Government agency or from the Commission’s own previous futile ventures outside its core mandate. Sometimes in 2014, the Federal High Court sitting in Abuja had in Suit No. FHC/ABJ/CS/173/2013: Registered Trustees of Nigerian Bar Association v. Attorney-General of the Federation & Central Bank of Nigeria refused an attempt by the Federal Government through the Special Control Unit against Money Laundering (SCUML) to regulate the practice of legal practitioners by requesting them to register in order to declare the source of their professional fees. In that Suit, an injunctive order was sought not only against SCUML, National Financial Intelligence Unit (NFIU) but also against the EFCC to restrain them from enforcing the provisions of Section 5 of the Money Laundering Act in relation to legal practitioners. The Money Laundering Act has not been amended since the Federal High Court decision which I understand has been affirmed by the Court of Appeal. The back-door attempt by the EFCC to revisit the issue must be resisted. In the very recent case of EFCC V. DIAMOND BANK PLC & ORS (2018) LPELR-44217(SC), the Supreme Court descended heavily on EFCC and other law enforcement agencies and condemned the practice of security and investigating agencies going outside their statutory mandates. The Supreme Court came down hard on not just the EFCC but other sister agencies such as the Police in a notable pronouncement reproduced below:

“It is important for me to pause and say here that the powers conferred on the Appellant, i.e. the EFCC to receive complaints and prevent and/or fight the commission of financial crimes in Nigeria pursuant to Section 6(b) of the EFCC Act (Supra) does not extend to the investigation and/or resolution of disputes arising or resulting from simple contracts or civil transactions as in this case. 

The EFCC has an inherent duty to scrutinize all complaints that it receives carefully, no matter how carefully crafted by the complaining party, and be bold enough to counsel such complainants to seek appropriate/lawful means to resolve their disputes. Alas! the EFCC is not a debt recovery agency and should refrain from being used as such. 

The subsequent actions of reporting the matter to the police and to the Appellant were nothing but abuse of process of law. What is even more disturbing in recent times is the way and manner the Police and some other security agencies, rather than focus squarely on their statutory functions of investigation, preventing and prosecuting crimes, allow themselves to be used by overzealous and/or unscrupulous characters for the recovery of debts arising from simple contracts, loans or purely civil transactions. Our security agencies, particularly the police, must know that the citizenry’s confidence in them ought to first be ensured by the agencies themselves by jealously guarding the integrity of the uniform and powers conferred on them. The beauty of salt is in its taste. Once salt loses its own taste, its value is irredeemably lost. I say this now and again, our security agencies, particularly the police, are not debt recovery agencies. The agencies themselves need to first come to this realization, shun all entreaties in this regard and they will see confidence gradually restored in them.”

EFCC must take a hint from the above notable pronouncement of the Highest Court in the land and puts its house in Order. The Commission should resist the temptation of being used either by desperate politicians or those whose desperation to lead the NBA and quest for power have driven into megalomaniac frenzy. Prof Ojukwu falls in this category of desperate sore losers whose antics must be clear to all including the EFCC. The real issue surrounding the Charge against Mr Usoro is not Money Laundering or Fraud Charge. Rather, what is in contention is the soul of NBA and the refusal of losers of the last NBA Elections to sheath their swords. In issue is also the vested interest within NBA who feeds off NBA and are now feeling threatened by the new Order of transparent and accountable regime of Paul Usoro SAN. There are also desperate politicians have seized the opportunity created by the sore losers These desperate politicians who have their own agenda are ready to rope Mr Usoro into the labyrinth of their political machinations in a bid to actualize their desire. Discerning minds and lovers of our noble profession must rise and speak up to save the soul of the legal profession.