by Legalnaija | Aug 1, 2018 | Uncategorized
Abstract
The
current Proclamation of President Muhammadu Buhari geared towards the Preservation of Suspicious Assets
Connected with Corruption and Other Relevant Offences in
Nigeria has steered up a lot of debate about the President’s actions. This
article identifies key legal issues and risks associated with this Proclamation.
Introduction
Professor E.O. Okebukola and A.A Kana defined “Executive order” as a command directly given by the president to an
executive agency, class of persons or body under the executive arm of
government’’. Such a command is in
furtherance of government policy or Act of the Legislature. The executive order
may require the implementation of an action, set out parameters for carrying
out specific duties, define the scope of existing legislation or be a
subsidiary instrument. It has full force of law,
based on the authority derived from statute or the Constitution itself.
However, it is only valid where the President acts within
the boundaries of his constitutional or statutory authority. Executive Orders are
subject to judicial review; they can be challenged in whole or in part; and
they can be quashed if they lack support by statute or the Constitution.
Legal issues on Executive order 6
The provisions of the Executive Order No. 6 of 2018 on the
Preservation of Suspicious Assets Connected with Corruption and Other Relevant Offences, recently
issued by President Buhari has raised serious concerns among
different categories of stakeholders, including civil
society groups, lawyers, lawmakers, politicians and many others. Basically, the
order gives the President the
power to freeze the assets of anyone who is being tried, investigated or
suspected of corrupt practices in this regard without recourse being first made
to a court of law and also restrains owners of such assets from carrying out
any further transaction on such assets so as not to pervert the investigative
and judicial processes. This contravenes Section 6 of the 1999 CFRN; in that, the power to
determine which assets should be subject to temporary or final confiscation is
a judicial power vested in the courts. Therefore, any preservation of assets from
corrupt practices as contemplated by the said order must be done within the
confines of the rule of law, through powers and duties conferred by already existing
statues or through the orders of courts of competent jurisdiction. On that
note, it is more expedient to make an application for an order for temporary
forfeiture or forfeiture of assets pending the determination of the case as the
court would duly examine the circumstances and available evidence.
Secondly,
the right of Presumption of innocence as captured in Section 36(5) of the 1999 CFRN
which is to the effect that a person accused of a criminal offence is
presumed innocent until proven guilty is also contravened. An important
question that comes to play in this regard is, “What if those whose properties are confiscated are not found guilty at
the end of the day?’’. It therefore flows that the executive order if
enforced would serve to confiscate one’s assets without a valid order or
conviction by a competent court which is ordinarily empowered to do so taking
into cognizance various constitutional safeguards. Again, this power to confiscate does not lie
with the Executive, but with the Judiciary.
Thirdly, Section
43 of the 1999 CFRN which provides for the right of a person to own
immovable property anywhere in Nigeria is also contravened. A person who is
merely suspected to be in possession of an asset which might have been proceeds
of corruption is automatically deprived his right to own and make use of his
property immediately the order is activated against him. Hence, his right is
violated in the situation where he is found to be innocent of the allegation.
Moreover,
the First Schedule of the order also reveals the names of suspects/accused
persons whose property the Executive Order purports to seize; this should be
seen as being unconstitutional as it amounts to Sub judice; which states
that once a matter is before a court, it cannot be publicized until it has been
concluded.
Interestingly,
an executive order can only be issued to enforce already existing powers,
duties and mandates under existing laws. Thus, an executive order cannot be
used by the Executive to create new powers, duties or rights or expand existing
ones beyond the mandate given by the Legislature. Moreover,
there are sufficient legislations and legal procedures that can take care of
what the Order intend to achieve. E.g., Sections
20- 34 of the Economic and Financial
Crimes Commission (EFCC) Act deals with the forfeiture of assets pending
the outcome of a court decision. Similar provisions exist in the ICPC law, Money Laundry Act, Recovery of
Public Property (Special Provisions), etc. Thus, it calls to question why
this Executive order was issued, what it has come to change or what lacuna it
has come to fill in the existing laws warranting its Proclamation.
In a democracy, the role
of the executive arm of Government is to enforce court orders/judgments handed
down based on the interpretation of existing laws. Any suggestion to the
contrary, as clearly intended by this executive order is a total aberration
from the aforementioned provisions of the constitution.
In my opinion, the
Executive Order is unconstitutional. Only a valid order of court should and
could deprive a person of his right to make use of his property.
It is essential that the
Government comes in light with the fact that, this is a democratic dispensation
and must follow due process. This Executive Order seeks to usurp the powers of
both the legislature and the courts which is contrary to the principles of
separation of powers as stated by the Supreme court in PAUL IYORPUU UNONGO
v. APER AKU (1983) 2 SCNLR
page 332 at 334 and
vest it on the executive who can use same at will, as a political instrument,
to haunt, harass and victimize perceived political opponents. This amounts to
Executive Lawlessness which directly violates both the principle of separation
of powers and the constitution itself. The Judiciary should go ahead to quash
this executive order as it is well within the lot of the judiciary in its
supervisory capacity to ensure that all arms of government keep within their
respective areas of powers, privileges and competence under the constitution as
stated by the Supreme Court in GOVERNOR
LAGOS STATE V CHIEF ODUMEGWU OJUKWU (1986) LPELR-3186(SC).
Concluding Remarks
To this end, in as much
as equity cannot suffer a wrong to be without a remedy, one who seeks equity,
must also do equity. Indeed, the fight against corruption which is hydra headed
is a noble cause. However, there can be no legislative latitude of
interpretation placed on the actions of Mr. President in respect of sections 5 and 15(5) of the 1999 CFRN as
justifications for this draconian Executive order.
Eloho Yekovie Esq.
is an Associate of Triax Solicitors, an indigenous Law Firm with offices in
Abuja and Bayelsa state. We are a niche
expertise Law firm which comprised of young, hardworking legal practitioners
who are making waves in their core areas of competence as well as in continuous
legal education and development.
by Legalnaija | Aug 1, 2018 | Uncategorized
1. INTRODUCTION
It
is more than a decade since the Investments and Securities Act[i]
was enacted but the controversy surrounding the parallel jurisdiction of the
High Court of a State and the Investments and Securities Tribunal (IST) in
respect of civil matters arising from the operation and application of the ISA
appears far from settled. As a result, many legal practitioners, renowned
academics and even the courts of law have expressed different opinions on this
issue.
Perhaps
this conundrum stems from the fact that jurisdiction is the life wire of a
court and the blood that gives life to any action before a court; and
accordingly no court can adjudicate over a matter when it does not have
jurisdiction.[ii]
More so, the relevance of the State High Court and the IST to our legal system cannot
be overstated, as such necessitating a clear-cut distinction between the
jurisdiction and roles of both courts.
A
number of decisions by the superior courts seem to elect that the IST has
jurisdiction to the exclusion of all other courts in Nigeria with respect to
disputes arising from the operation of the ISA; whereas a few other decisions
of those courts are confident that the exclusive jurisdiction conferred on the
IST by the ISA cannot in anyway displace the express and far-reaching
jurisdiction conferred on the High Court of a State by the Constitution of the
Federal Republic of Nigeria, 1999.[iii]
2. JURISDICTION OF THE HIGH COURT OF
A STATE
Section
272(1) of the CFRN, 1999 (as amended) provides for the jurisdiction of the High
Court of a State and expresses that:
Subject
to the provisions of section 251 and other provisions of this Constitution, the
High Court of a State shall have jurisdiction to hear and determine any civil
proceedings in which the existence or extent of a legal right, power, duty,
liability, privilege, interest, obligation or claim is in issue or to hear and
determine any criminal proceeding involving or relating to any penalty,
forfeiture, punishment or other liability in respect of an offence committed by
any person.[iv]
The
courts have in a number of decisions qualified the jurisdiction of the High
Court of a State as “unlimited” such as in the cases of Madu v. Mbakwe[v]
and Nloga & Ors v. Bagadam & Anor.[vi]
In other decisions of the Court of Appeal and Supreme Court, this same jurisdiction
has been confirmed as only being limited by section 251 of the CFRN, 1999.
These decisions are exemplified in the cases of Society Bic S.A. & Ors v.
Charzin Industries Limited,[vii]
Ansa v. R.T.P.C.N.,[viii]
and Attorney-General, Lagos State v. Eko Hotels Limited.[ix]
Irrespective
of the trifling dissimilarities with regards to the qualification of the
jurisdiction of the High Court of a State by the superior courts, it is however
crystal clear that the Court has astronomical jurisdiction birthed from the
CFRN, 1999 with respect to civil and criminal proceedings in Nigeria.
3. JURISDICTION OF THE INVESTMENTS
AND SECURITIES TRIBUNAL (IST)
The
IST was established by section 274 of the ISA. The section reads:
There is established a body to be
known as the Investment and Securities Tribunal to exercise the jurisdiction,
powers and authority conferred on it by or under this Act.
The
jurisdiction of the IST is also expressly provided for in section 284 of the
ISA. Section 284(1) provides that:
The
Tribunal shall, to the exclusion of any other court of law or body in Nigeria,
exercise jurisdiction to hear and determine any question of law or dispute
involving; (a) a decision or determination of the Commission in the operation
and application of this Act, and in particular, relating to any dispute: (i)
between capital market operators; (ii) between capital market operators and
their clients; (iii) between an investor and a securities exchange or capital
trade point or clearing and settlement agency; (iv) between capital market
operators and self regulatory organisation. (b) the Commission and self
regulatory organization; (c) a capital market operator and the Commission; (d)
an investor and the Commission; (e) an issuer of securities and the Commission;
and (f) dispute arising from the administration, management and operating of
collective investment schemes.[x]
As
if to further cement the exclusive jurisdiction conferred on the IST, the ISA
in section 294 states that:
The
Tribunal shall have exclusive jurisdiction on matters specified in this Act.
Notwithstanding
the fact that the IST, unlike the High Court of a State, is not expressly
listed as superior court to which the judicial powers of the Federation are
vested by virtue of section 6 of the CFRN, 1999 (as amended), some judicial
authorities have stated that the Tribunal’s creation is traceable to section
6(4)(a) of the Constitution.[xi]
This position is encapsulated in the Court of Appeal decision in Wealthzone
Limited v. SEC.[xii]
4. PARALLEL JURISDICTION OF THE STATE
HIGH COURT AND THE INVESTMENTS AND SECURITIES TRIBUNAL
In
Nospetco Oil and Gas Limited v. Olurunnibe,[xiii]
the Court of Appeal in commenting on the jurisdiction of the Investments and
Securities Tribunal stated inter alia that:
There
is no doubt that to ensure speedy disposition of certain genre of cases, the
National Assembly had thought it fit to create specialist tribunal…By the
provisions of S.284(1) of the ISA, the area where the Tribunal has exclusive
jurisdiction is limited to disputes relating to powers of the Securities and
Exchange Commission vis-à-vis capital market operators and investors. S.284(1)
gives the Tribunal exclusive jurisdiction to adjudicate in disputes arising
from the administration, management and operations of a collective investment
scheme…
The
Court of Appeal in Wealthzone Limited v. SEC (supra) while remarking on the
extent of the jurisdiction of the IST vis-à-vis the Federal High Court stated
that:
The clear interpretation of the
act of the National Assembly in 1999 when it created the Investments and
Securities Tribunal as a specialist Court simply means that the exclusive
jurisdiction of the Federal High Court would no longer extend to matters
affecting the operations of the capitals and securities market, but remain
limited to matters that may arise from the provisions of BOFIA and CAMA and I
so hold.
The
aforestated dictum of the Court seems to suggest that because the National
Assembly via an Act created a specialist court with exclusive jurisdiction,
then all other courts of law including those seemingly given unlimited powers
by the CFRN, 1999 in respect of civil and criminal matters will have their
jurisdiction adjusted to conform to the ISA.
The
connotations of the decision in the Weathzone case to the extent that the IST’s
jurisdiction overrides the jurisdiction of a court created by the CFRN, 1999 in
the event that the express jurisdiction of the latter as provided for in the
Constitution conflicts with the jurisdiction of the IST as set down in the ISA
cannot be correct with due respect.
Section
1(3) of the Constitution- the grundnorm,
provides that:
If
any other law is inconsistent with the provisions of the constitution, this
constitution shall prevail, and that other law shall to the extent of the
inconsistency be void.
Therefore,
nothing that exists outside the CFRN, 1999 can purport to divest the State High
Court of its jurisdiction as expressly provide for in the Constitution.
In
fact, in deferring to the unarguable superiority of the Constitution, the ISA
in section 312(3) expressed that:
Apart
from the Constitution of the Federal Republic of Nigeria,
if the provisions of any other law, in relation to capital market matters
including the enactments specified in subsection (1) of this section, are
inconsistent with the provisions of this Act, the provisions of this Act shall
prevail and the provisions of this Act, the provisions of this Act shall
prevail and the provisions of that other law shall, to the extent of the
inconsistency, be void.[xiv]
The
court in reiterating a trite position of the law held in Stabilini v. FBR[xv]
that:
Where
the Constitution of the Federal Republic of Nigeria has vested jurisdiction in
a court of law, it cannot be lightly divested. Where it is intended to be
divested it must be done by clear, express and unambiguous words, and by a
competent amendment of the Constitution. Thus the courts do frown at any
attempt to erode or relegate the power of the court and or the supremacy of the
Constitution…[xvi]
More so, the Court of Appeal in
commenting on the jurisdiction of the High Court of the Federal Capital Territory
(which is equivalent to the High Court of a State) vis-à-vis the provisions of
the ISA that purport to limit the jurisdiction of the High Court as conferred
by the Constitution in Davandy Finance and Securities Limited & Ors v. Aki
& Ors[xvii]stated
inter alia that:
The
jurisdiction of the High Court of the Federal Capital Territory Abuja is set
out in section 257(1) of the Constitution of the Federal Republic of Nigeria,
1999 (as amended). It provides as follow. “Subject to the provision of section
251 and any other provision of this Constitution and in addition to such other
jurisdiction as may be conferred upon it by law, the High Court of the Federal
Capital Territory, Abuja shall have jurisdiction to hear and determine civil
proceedings in which the existence or extent of a legal right, power, duty,
liability, privilege, interest, obligation or claim is in issue…” Thus the High
Court of the Federal Capita Territory, Abuja, is a court of unlimited
jurisdiction subject to any limitation imposed upon it by section 251 of the
Constitution or any other provision thereof… It cannot be taken away by section
284(1) of the Investments and Securities Act, 2007, which is inferior to the
Constitution of Nigeria, 1999.
Luckily
this issue was taken head-on and elaborately addressed in the case of Value Line
Securities Investment Ltd v. Anakwube[xviii]
wherein the Court of Appeal held assuredly that:
The State High Court equally has
jurisdiction to entertain any dispute covered by or arising under the
Investment and Securities Act including a dispute between a capital market
operator and its client like the dispute in the present case, by virtue of the
unlimited jurisdiction of the State High Court to hear and determine any civil
or criminal proceeding vested on it by Section 236(1) of the 1979 Constitution
of Nigeria, applicable when the cause of action arose and Section 272 of the
1999 Constitution of Nigeria, applicable when the suit was filed and up to
date.
The
Court in Anakwube’s case even went further to declare S.242 of the Investment
and Securities Act[xix]
which purported to oust the jurisdiction of the High Court of a State to
entertain matters covered by the ISA, as being void to the extent of its
inconsistency with the Constitution. The Court also held that:
As
it is, the State High Court and the Investment and Securities Tribunal have
concurrent jurisdiction to entertain cases involving disputes covered by or
arising from the Investment and Securities Act.
5. CONCLUSION
It
is true that the IST has jurisdiction to entertain all civil matters that may
arise from the operation and application of ISA but the preponderance of
authorities suggest strongly that its jurisdiction, though labelled “exclusive”
cannot in anyway divest the perceived unlimited jurisdiction of the High Court
of a State to also entertain all matters that may arise from the application of
the ISA.
Without
any doubt, both the IST and the State High Courts have equal and concurrent
jurisdiction with respect to the ISA and all the relevant portions of the ISA
that exist to divest all courts of the jurisdiction to entertain matters that
arise from the operation of the ISA cannot apply to the High Court of a State
as the latter’s jurisdiction is deeply rooted in the Constitution. It goes
without saying that where there are conflicts between the provisions of the ISA
and the Constitution, all those conflicts or inconsistencies must be resolved
against the ISA.
[i] Investments
and Securities Act, 2007 (Hereafter, ISA).
[ii] See
Dangana v. Usman (2013) 6 NWLR (Pt. 1349) 50.
[iii] Cap.
C23, Laws of the Federation of Nigeria, 2004 (Hereafter, CFRN, 1999).
[iv] See
section 257(1) CFRN, 1999 (as amended) for the equivalent provision as it
relates to the High Court of the Federal Capital Territory. See also
Mailantarki V. Tongo & Ors (2017) LPELR-42467 (SC).
[v] (2008)
10 NWLR (Pt. 1095) 293.
[vi] (2009)
LPELR-8762 (CA).
[vii] (2014)
LPELR-22256 (SC).
[viii] (2008)
7 NWLR (Pt. 1086) 421.
[ix] (2008)
All FWLR (Pt. 398) 235.
[x] See SEC
v. Kasunmu (2009) 10 NWLR (Pt. 1150) 509.
[xi] See
generally section 6(1)-(5) CFRN, 1999 (as amended).
[xii] (2016)
LPELR-41808 (CA).
[xiii] (2012)
10 NWLR (Pt. 1307) 115 @ 161.
[xiv] See
generally, section 312 of the ISA, 2007.
[xv] (2009)
13 NWLR (Pt. 1157) 226.
[xvi] The
decisions in Ngige & Anor v. INEC & Ors (2014) LPELR-25413 (CA);
Obayuwana v. Governor, Bendel State & Anor (1982) LPELR-2160 (SC); N.U.E.E.
v. B.P.E. (2010) All FWLR (Pt.525) 201; and National Union of Electricity
Employees & Anor v. Bureau of Public Enterprises (2010) LPELR-1966 (SC)
also epitomize this axiomatic principle of law.
[xvii] (2015)
LPELR-24495 (CA) per Ekanem, J.C.A., (Pp.20-22, paras. G-A).
[xviii]
(2015) LPELR-24486 (CA) per Agim J.C.A., (Pp. 25-33, paras.A-A).
[xix] Investments
and Securities Act, No. 45, 1999. This Act was repealed by the ISA, 2007. See
section 314(1) of the ISA, 2007.
by Legalnaija | Jul 31, 2018 | Uncategorized
Paul Usoro, a man I met in 1998 after NYSC at a point when I was at the crossroad of deciding which path to pursue in my legal career. When it looked like doing things the crooked way paid better, when it looked like hard work was a dullard’s option. Paul taught me integrity, he embodied hard work and lived it. He taught me to overlook the short term financial advantage some of my colleagues who went into “charge and bail” had over me then, which was really a source of concern to me then, as they earned almost 4 times my initial salary at that point in time. He taught me astuteness and how to remain focused on the big picture notwithstanding the challenging circumstances of the day.
I learnt a lot of principles from him, especially humility. He would hesitate making promises when he knows he cannot keep it. I learnt elegant drafting from him. He taught me never to rush into issuing post dated cheques as it is one of the easiest way to ruin the reputation of a lawyer. Paul believes in challenging young lawyers and I remember him challenging me to take a contentious motion against an SAN in my first month of practice, and how joyous I was to get the ruling in favour of our client. He taught me how to separate business from pleasure. Paul has extensive corporate experience having served as a director of many blue chip companies.
He has foresight and vision. When Nigeria was still sleeping Paul anticipated the telecommunication revolution and positioned himself for the revolution that changed the economic landscape of Nigeria. He is a team player and believes in dialogue. He often told me in those days that if proper dialogue was had, the Nigerian civil war would have been averted. He taught me family values even as I was a bachelor then. Case in point: One day, due to power outage and limited capacity of the generator at the then NIDB House on Broad Street, where his office was, our entire office was only allowed to power two air conditioners on. Of course, the air conditioner in the library must be one of the two, being our production lab.
The challenge was which of Paul’s office or his wife’s office should have the privilege of the 2nd A/C being on. His wife, Mfon, was the managing partner then. Paul invited the technical guy in charge of power allocation in the building into his office, which was already hot, eliciting some sweat from him. He asked the technical guy if it was not possible to give the firm one more A/C slot so his office and that of his wife would be powered. The answer was outright ‘No’. So Paul had to make the decision which of the two offices should have the 2nd A/C slot. To our amazement, he chose his wife’s office and asked the technical guy to go and connect the wife’s office. I looked at him in amazement, and I remember his words to me. “You that you are not married, better be learning how to treat your wife o”, he said to me.
The real lesson of that encounter was that technical guy ended up connecting his office and that of his wife. I think that sharing my knowledge of Paul Usoro, SAN, and my experience of working with him in this era of political blackmailing, is a duty I owe my conscience. I have no doubt that all the candidates for the office of NBA President appear to be qualified in their own right, but Paul obviously is the most qualified. Vote wisely!
Chris Ezeafulukwu
Executive Director
Transcorp Hilton
by Legalnaija | Jul 31, 2018 | Uncategorized
As the NBA elections draw near, it is important that we brace up our minds with the right attitudes and right reasons. The fundamental concern is that for the next two years, we will decide how we raise the noble Bar by the decision we make now. It will be left to us whether we want to see our noble profession attain the next level or remain a stagnant water. It is now we have the opportunity to affect the outcome of what the future holds in stock.
Beyond sentiments and ‘adoption’, we stand a chance to re-write the future by securing it with our own reasoning and choices. Let us all build together a Bar that works, based on established antecedents, dignity, expertise, exposure, professionalism; with a leader that will tackle abuse and impunity; a leader concerned with lawyers’ welfare; a man engaged in the promotion and protection of human rights,
the rule of law and good governance in Nigeria. Let us reinstate the NBA to its observer-status with the African Commission on Human and People’s Rights, and protect the rights of Nigerian lawyers. Let is reposition the Bar for excellence.
Let us raise the Bar with our votes for the right man for the job. Let us vote for Paul Usoro, SAN!
As for me, I stand with PU.
Robert Uchenna
by Legalnaija | Jul 31, 2018 | Uncategorized
I love the fact that I am a Nigerian lawyer. Our profession was carved to ensure that we respect our seniors at the Bar, in as much as we all pay respect to our elders at home. I took time to observe the similarity and it is simply amazing! Well, that is another topic for another day. Now, the advent of technology is gradually changing the trend, when an elder tweet most of the time you don’t wait to find out if the person is your father’s age mate before you respond. The response sometimes is given in the speed of light and in an equal portion to the original twiit that you are responding to. In a nutshell, members of the profession can easily talk back at seniors without any fear of reprimand.
A Nigerian author, Chinua Achebe, once wrote: “Proverbs are the palm oil with which words are eaten…” I simply can’t understand why we cannot take our destiny into our own hands and vote wisely. The three Presidential candidiates have a life before this election, all we need to do is check their track record holistically. How much is each paying his juniors? what is their international network? what is the track record of their success in the business world? what is their practice like? And a host of other questions. Well, your guess is as good as mine.
Charity, they say, begins at home. The only person that stands out without an iota of doubt is Paul Usoro, SAN.
The facts speak for themselves. We all know these facts and that is why we have seen a lot of blow-him-out strategies.
It is not necessary to blow out the other person’s lantern to let one’s own shine (Swahili proverb)
But the more they try the more they increase his chances and popularity.
But God is not mocked, PU keep up the clean and good work, succeess is yours!
Even if you dance in the water, your enemies will accuse you of causing dust.
We understand their game plan but it won’t work . Make your vote count by voting PU.
My name is Emmanuel Ugochukwu
by Legalnaija | Jul 31, 2018 | Uncategorized
We may have to pause, draw a deep breath and then transform the way we cast out our most-cherished votes for candidates. I don’t want your esteemed self to vote for P. U. because he’s the most admirable, or the most charismatic, or have the flashiest outfit or the coolest gait.
I don’t want you to vote for him because he shook your hands at dinners or took a snapshot with you at an event, or because he’s the guy you’d most like to have a tea with. I don’t want you to vote for him because of some loud media type online, on print, television or radio told you to vote for him. I don’t want you to vote for him because some “expert” tell you he’s blazing the trail.
I don’t want you to vote for him because he gave some fine and
flowery speech alone about the plight and welfare of young lawyers. Details are easily accessible on the daily reflections and manifestos. And I most especially i don’t want you to vote for P. U. because you’re voting against the other candidate.
Beyond all that, I have the sincere pleasure to present here a gentleman who is honoured in owning up to his words; his excellence, articulation and records are unmatched. Here is a man with professionalism, courage, competence and foresight. I am fully convinced that he would deliver on all his promises.
Let us raise the bar towards excellence by voting for Paul Usoro SAN.
Idris Abubakar
by Legalnaija | Jul 30, 2018 | Uncategorized
A lot has been said of the Astute Litigator and Strategist, Mr. Paul Usoro, SAN, the Presidential candidate for the fort coming Nigerian Bar Association elections. Supporters from both junior and senior lawyers have shown steadfastness amidst the campaigns of calumny and smear campaigns on Social Media and Whatsapp platforms against their choice (Paul Usoro, SAN). They have demonstrated that exceptional believe on the course they stand for, #PUTTINGYOUFIRST. Suffice to say that they are the real ‘die hard fans’ as commonly used among football fanatics.
In this write up, we have extracted some of the quotes from some supporters of the Paul Usoro, the NBA Presidential election candidate who are proud to be #PURIFIED. The captivating quotes as written in their own words encapsulate the essence of what PU stands for.
“Surely, there is no Justice in every disposition until you can concede humanly that indeed, someone is more meritorious than you’re. Paul Usoro SAN you’re more meritorious than others, we therefore remain #PURIFIED because you’re Putting Us First!”
Abdul Quadri Alhaji Sanni
“It is not of him that willeth, it is of the Lord, that showeth Mercy”, “The race is not unto the strong, the battle is not unto the swift, time and chance happeneth to them all”. The Holy Bible If you wished, suspend Officials of the Forum, who stand on the path of Truth, ’cause crises in Branches, snatch microphones in an unlawyerly manner, just because you want to force a candidate down our throat, “Que Sera Sera Sera “, what will be, will be “. #IStandWith Paul Usoro SAN, the man suited for the job!
Douglas Ogbankwa
This is the deal. The opposition have coalesced and all working towards one goal. The opposition have done the maths and everything points to the fact that we will win in the election ahead as scheduled by the ECNBA. So what do they do? Send out attack dogs. Throw everything and anything – muddle the waters as much as possible. Discredit the NBA and its electoral process. Create doubts in the minds of the electorate.
The attempt at interpreting annual reports displays total unimaginable ignorance. Even a limited quest for knowledge would have made them consult lawyers in financing or capital markets or accountants to deconstruct the meaning of the screenshot annual report referenced but their interest is not in the truth but to cause confusion. The disingenuous argument of a 150 member EBF (according to Prof Ojukwu) falls flat.
All of these were expected. That is why the Team PU are calm and focused in our campaign.
Recall and be encouraged by the words of our leader: “If his track record is anything to go by, I fully expect him to recycle his distorted facts and untruths, come up with further jaded arguments and continue to pursue his futile goal of running me out of the NBA Presidential race. Do I need to worry about these expected reprocessed attacks? No. Discerning readers, lawyers and non-lawyers alike, have seen through Odinkalu’s campaign of calumny and all that remains to be said is that a million Odinkalus cannot change God’s Will.”
Adetola (Ibironke) Bucknor-TAIWO
“I focus on my candidate, I don’t discuss other candidates, I wish other candidates best of luck, as for Paul Usoro SAN, welcome him, he is the next NBA President for the next two years, by the special grace of God. You and I will make it possible. He will turn the NBA around for the benefit of you and me”.
Rafiu Tolani Esq
“I am a staunch supporter of Chief Mazi Afam Osigwe, I am also a member of EBF. I reside and practice in Asaba same with Aurthur Obi. Some candidates believe so much in adoption and they can do anything to keep that up. The Midwest Coordinator for Paul Usoro, SAN, Mr. Ogaga Emoghwanre approached me, having seen everything on ground and in the absence of Afam Osigwe in the election; the only viable candidate and the person that can turn around the affairs of the bar positively is Paul Usoro, SAN. I have been #PURIFIED”.
Stanley Ofor
The PU statement was well-thought-out! I faced similar intimidation and thuggery in 2012 and eventually lost my younger brother on eve of the NBA manifesto night, when I contested the position of NBA President against the dictates of those who believed they were the NBA CABALS.
You should know what followed after the elections and how just two(2) votes were allotted to me!
The shameless thuggery and intimidation are growing with the play on words called ADOPTION.
My position has remained that if any position is zoned to any REGION, let anyone from that Zone who is interested and qualified be allowed and encouraged to vie for it! ADOPTION is very undemocratic and tyrannical. It breeds desperation that may turn NBA politics into a do-or-die affair. I DO NOT SUPPORT IT. I WILL NOT ACCEPT ANYONE IMPOSING HIS WILL ON ME.
I have been fighting against it for years. I have not changed my STAND. I have won many elections in NBA by swimming against the tide. It made me stronger and much more determined. I was nick-named the one-man-riot-squad and I got awarded with the title – CPHB. I was even denied audience in an EBF meeting hosted and held in my Branch! So u see, my dear Paul Usoro, SAN, to be fair to EBF, it did not start with you.
The DESPERATION in the NBA politics is a shameful and painful thing! We had thought that with the introduction of universal suffrage and electronic voting, desperation and intimidation might gradually fade away. I pray and believe that we do not further degenerate.
No one can ADOPT my vote! I am too enlightened for that. I strongly believe every Legal Practitioner/NBA Voter should be allowed to vote according to his personal convictions.
That is the only way we can elect credible Bar Leaders and retire the NBA CABALS, or encourage them to go and join their likes in the Nigerian politics of KILL-AND-BURY YOUR OPPONENTS TO WIN ELECTIONS!
E.B. UKIRI,Esq.
When I saw the line-up of candidates for this current NBA elections, I was indeed thrilled by their personalities and must confess that I felt so proud to be part of the zone producing the president for the incoming leadership. Truth be told, since I didn’t know anyone of the personally I wanted to root for a certain academician whose legal works has contributed and still do contribute to my wealth of legal experience: by divine arrangement I was added to the PUC team by a cherish friend and leaned senior who I respect a lot as a legal icon and one of my personal legal role models. Instead of exiting from the group as I had resolved, I decided to stay and understand why Mrs Eke and my friend would throw their weight behind a man I know nothing about. Indeed I have seen, read and learned a lot about this legal luminary.
In summary, PUSAN’s profile is not only overwhelming but his achievements are mind blowing. However, what captivates me most are the testimonials from both serving associates, partners and staff in his employment; this one settled any confusion for me and should also do for you if you have the future of the bar at heart.
Credible, Capable and Tenacious Seniors who are ready to provide mentorship to younger lawyers matters a lot to me and should to you also. I am saddened by the level of poor practise and lack of pupillage for younger lawyers. I see in Paul Usoro, a bar with an agenda for the new and aged wigs, which is something so fundamental but lacking in the profession now.
If you eligible, please vote for Paul Usoro, if you are not, campaign for him as I am doing, not for what you will profit right now but for the future of the Nigerian Bar. Our profession is Noble and must continue to maintain its Nobility in the strictest sense of words.
Boma-Jaja Philip-Obi
by Legalnaija | Jul 30, 2018 | Uncategorized
The Nigerian Bar Association is a body established with the sole aim of seeing to the Welfare of lawyers, most importantly, to also serve as a watch dog to the society. Over the years, the Association has gradually deviated from her core values; lawyers are indiscriminately arrested and molested all over the country. Yet all we get is a press statement and sometimes a letter. We don’t need to consult a seer to know that something is fundamentally wrong with our dear Association. Every member of the Association is entitled to full protection, welfare packages, insurance, rapid response system and a whole lot more.
The NBA is one of the professional bodies in Nigeria that has continued to neglect her members and the sacred duty expected of her by the society. What deal do you have with NBA? Have you sat down to think about what you have benefited from your Association since you have been called to the Bar?
It’s an election year, It would surprise you to know that majority of the key players promoting one candidate or the other might have a deal with the candidate they are supporting. It may not be because they love you or because they are extremely passionate about the Association, it may all boil down to ulterior interests. They demand the agree deal to support a candidate the moment the candidate wins. Their choice of candidate is not based on whether the candidate is good as a leader for the association but just for the deal they have with them.
If you still believe that we can rescue the future of this Association then we must stand firm and vote wisely. If we don’t vote for the right candidate, it means jeopardizing the future of this noble association.
Aren’t you tired of the dealer?
However, I know one man who is absolutely independent. He is not a dealer. He has no obligation to favor A against B and no adoption. Just a mission to salvage the Bar. Permit me to introduce you to Mr. Paul Usoro, SAN. The only true candidate who can fearlessly protect the rights of lawyers and restore the lost glory of the Bar.
This is my message, think and vote wisely. PU, putting you first all of the time.
Ifeanyi Ubachi
by Legalnaija | Jul 30, 2018 | Uncategorized
I am not really interested in NBA Politics, I wil rather focus on my practice. But the tensed atmoshere created by this year’s election is practically irressitable. As an independent observer, I have carefully examined all the candidates for the election. Though the person disquailified appears unique and smart, that aside, we have three standing aspirants for the prestigious office of the President of the largest association of lawyers in the African continent.
Just for the record, all of them are eminently qualified and adequately exposed to man the office, considering the fact that they are all Senior Advocates of Nigeria. Having said that, we must realize that in all contest there must always be a winner. On that basis, permit me to assist you in making that crucial decision.
A critical look at all NBA elections before now would clearly reveal a sudden shift in the norms; technology has played a key role in this year’s election, and this is just the beginning, because the world is moving towards a very tech system and the legal profession cannot be left aside.
Take time to study the pattern and system of other international Bar foras and you would discover that Nigeria is far behind.
95% of Nigerian lawyers cannot compete with their colleagues in other jurisdiction, it is very sad! Majortiy of our practice areas have continued to shrink and the process has only just begun.
We urgently need a president that can turn the fortunes of NBA around, someone with international networking and a deep understanding of the global system.
We need to move from the norms of what we used to know or what we have been taught and embrace the furture.
We obviously don’t want someone who is simply a stogy for another person or who lacks the capacity to firmly take up the challenges of the furture.
Having carefully gone through the manifestos of all the contestant along side the unfriendly tantrums across boards, I have come to the irresistible conclusion that the best man for the job is Pual Usoro SAN.
He has all that we need for the desired furture Bar, his track record of success speaks volume. In other clans, this is someone we should all desire to lead us.
Fortunately, he has volunteered to serve, let’s join hands to create the Bar of the future and recreate new practice areas for lawyers .
Vote Pual Usoro SAN, putting you first all of the time.
Chinwe E.
