Carol Ajie, LL.M Int’l Legal Studies from the prestigious Georgetown University Law Center Washington D.C., with a focus on Nation Building, Gender Rights and Human Rights
At the Murtala
Muhammad hospital Kano are teenage girls who should be in school married off at
the age of 13 traumatized by VVF, face premature death.Statistics say over 150,000 girls in Northern
Nigeria are VVF victims because more than 50 per cent of girls are married off
before the age of 15, which mostly accounts for the high incidence of VVF.
Emir
Sanusi’s teenage wife was taken in September 2015 a month after young Miss Ese
Oruru, was abducted and forcefully married in Kano. This crime against humanity
practiced by powerful elites, who
ordinarily, ought to protect these girls.
Former
Governor of Zamfara, Alhaji Ahmad Sani Yerima, travelled to Egypt, and took a
child-bride, 13 wedded her in front of a public audience in Abuja; the title of
my IBA paper at a session in IBA conference Dublin 2012 excerpt in the link
here:
Emir
Sanusi, paedophilism is not an act of nobility
or royalty; you may refer to Kano indigenes as
your “subjects” the Nigerian Constitution recognizes them as “citizens”. If you
were the Duke of Edinburgh or King of edified places such as England, you may
have been deposed by now and removed from the throne.
Someone
told Premium Times that the Child, Ese Oruru is 17?. Still school age;the Nigerian society has been so kind to you made
you billionaire former CBN Governor with those projects on centres of
excellence, I suggest you fund education project for children-victims. You don’t need a billion only a couple of
millions to Mr and Mrs Oruru and their kid and others for the trauma and human
rights deprivation loss of dignity for several wrongs in your ‘kingdom’ http://www.premiumtimesng.com/news/199287-exclusive-abducted-bayelsa-girl-speaks-out-wants-to-remain-in-kano.html
Nigerians have expressed outrage over
the alleged abduction of 14-year-old Ese Oruru by one Yinusa, aka
Yellow, who also forced her into marriage.
Nigerians, who read the story of the helpless minor on The PUNCH’s website on Sunday, took a swipe at the inactions of the authorities, saying the girl was abandoned to wallow in captivity.
Yinusa, a tricycle driver, took away the
minor to Kano on August 12, 2015, from her mother’s shop in Opolo
Yenagoa Local Government Area, Bayelsa State. The mother, Mrs. Rose
Oruru, had gone out on the day leaving Ese and her siblings in the shop.
Yinusa seized the girl in her absence. Rose’s attempts to seek the
release of the girl at the Emir of Kano’s (Sanusi Lamido’s) palace,
where she was reportedly kept met a stiff resistance.
An online reader, who identified himself
only as Seagols, wrote, “I feel so ashamed of the Bayelsa State Police
Command for saying it’s not abduction, but elopement of a 13-year-old?
Shame on the Bayelsa State Government, which can’t stand for the rights
of its citizen. Shame on the Emir of Kano, who allowed such injustice.
Finally, how could a guy who sold his keke in Bayelsa be this
powerful? Just that the police are already biased. More will unfold if
only the police were to do their job.”
A commentator, Edward Owens, expressed
worry and wondered, “Why is the IG of police and the National Assembly
silent on this issue? It is taking too long. Why is the presidency
silent on this?”
Another reader, Fineman Peters, said
Ese’s case defied sanity and urged the authorities to rise up to the
case and ensure that the girl was freed.
“Am I reading a true story here or some kind of fiction? I hope the VP, IG and DSS DG will pick a copy of The PUNCH
and read this. What happened to us as a nation? From the word go,
everybody involved in this should have been in police net. This is the
most blatant state-sponsored case of a paedophile that I have ever seen.
My heart is broken as I read this. Our government should be ashamed. If
I was in charge of this country, heads will roll. Many heads will
roll,” he wrote.
In his comment, Samuel Ogbonaya, said,
“This should never happen in a country where there are laws. The laws
are clear. How on earth does any sane mind accept that a 13-year-old
girl has the maturity to accept to be married and her religion
forcefully changed without the express approval of her parents? I
thought it is the convention that parents approve their kids to be
married and are believed to be the ones to hand over their children to
whoever that has followed the process?”
A reader who went by the alias, Thorn in the flesh,
said, “This is disgraceful to say the least. How can anyone abduct a
13-year-old girl and term that to be elopement, when the girl in
question is an underaged child who certainly cannot give informed
consent.”
Another commentator, identified simply as NG, blamed Sanusi and the police for playing politics with the girl’s freedom.
“There is nothing we cannot hear in this
country, imagine this? Even the Emir can’t be straight on the matter;
the police could not take action and get the girl out. The parents even
saw the girl brought in a black SUV. Why weren’t they allowed to take
the girl right away, and they were being denied access to their child,
saying she had been converted to Islam. How can you marry someone’s
child without the knowledge of the parents and the so called Emir and
police can’t do anything about it? An underage girl for that matter.”
The Truth wrote, “A 13-year-old
girl got married without her parents’ consent? May God Almighty punish
Yinusa who abducted the girl, repay Lamido Sanusi for not standing for
justice, punish Kano Police Command and DSS for doing nothing. They
should arrest the criminal boy called Yinusa and prosecute him. PUNCH
please monitor this case to the last because of the girl. Please don’t
let this girl perish in the hands of these wicked souls.”
“If the Nigerian government does nothing
about this, the parents and their lawyers should petition the African
Union, United Nations, Amnesty International, the National Human Rights
Commission, the International Criminal Court in the Hague, and all
involved should be arrested, tried and jailed,” Donloke wrote.
A reader, Casca, wondered why the Emir was passive on the case despite his level of education and exposure.
“This is unjust provocation. God help
us. Nigeria is a failed state. Even IG could not do anything about this
too! I am disappointed in the so called Emir, after all he is educated
and he understands the meaning of a pedophile,” he wrote.
We’ll probe if trafficking is established – NAPTIP
The National Agency for the Prohibition
of Trafficking in Persons and other related offences has said it will
intervene in the alleged child marriage case of 14-year-old Ese Oruru if
trafficking is confirmed.
The Head, Press and Public Relations of
NAPTIP, Josiah Emerole, said the act, the means and the purpose of the
abduction would show if it was trafficking.
He said, “First of all, I do not have
details of this incident as of this moment. But one fact is that the
issue of child marriage is always captured under the Child Rights’ Act
and the Child Rights’ Law of each state. It is not necessarily within
the laws of NAPTIP.
“Under the Child Rights’ Act, getting
married to an underage child is a criminal offence which the police and
the ministries of youths’ development can handle.
“Yes, NAPTIP can move in if the facts
say it is trafficking. In trafficking, there are things to prove. It is
not enough to say somebody has taken my child from a place to another
place. There is what we call the act. Then, there is the means and there
is the purpose. These three things must be proved before we can
establish trafficking. “But as of now, we are not aware of the
incident. When it is reported and we discover the matter is not our area
of investigation, we use matter referral mechanism to take it to the
appropriate quarters.”
Ese’s release dependent on Emir’s intervention –IG
The Inspector-General of Police, Solomon
Arase, says the release of the 14-year-old girl, Ese Oruru, allegedly
abducted from Yenagoa, Bayelsa State to Kano and said to be in the
palace of the Emir of Kano, was dependent on the intervention of the
emir.
Arase said this in an interview with PUNCH Metro on Sunday, adding that the delay in Ese’s release was a result of the emir’s trip to Mecca, Saudi Arabia for lesser Hajj. Sunday PUNCH had reported that
Ese was abducted on August 12, 2015, by one Yinusa, aka Yellow, and
taken away to Kano State where she was allegedly converted to Islam and
held in the palace of the Emir of Kano, Lamido Sanusi.
The teenager’s parents, who noted that
the matter was reported at the Ekeki Police Station, Yenagoa, and to the
Kwani Police Station, Kano, had said all efforts to secure the release
of their daughter from the palace had proved abortive, adding that they
had not been able to see her since that day.
On Sunday, the IG said the police
authorities did not abandon the matter as being insinuated, adding that
the release of the girl would be “sorted out as quickly as possible.”
He said, “I have just spoken with the Sunday PUNCH’s editor.
I explained to her about the delay. The police command in Yenagoa,
Bayelsa State, actually followed up the matter right from Kano State.
“The emir decided that he was going to
mediate. But, because of his trip to Mecca with the president. That was
what caused the delay. But now that he is back, we are going to sort it
out as quickly as possible.”
When asked how soon Nigerians should
expect the release of Ese, the IG noted that it was dependent on the
intervention of the Emir. He said, “Well, that is dependent on the
intervention of the Emir. We have agreed to resolve the matter. I
cannot give a timeline.” When our correspondent asked again, “Sir, you mean the release is dependent on the emir, and not the police?”
Arase said, “I have not said anything
like that. Have I? I have told you I have discussed these things with
the editor. You can ask her. You are starting a different line of
interview.
“But what I am telling you is that we
did not abandon the matter as being insinuated. We have been following
it up. The issue will be resolved.”
NHRC to investigate Ese’s abduction, forced marriage
The National Human Rights Commission will likely take up the case of an alleged abduction of 14-year-old schoolgirl, Ese Oruru.
Ese was allegedly taken to Kano for a forced marriage after he was said to have been converted from Christianity to Islam.
All efforts by her parents to retrieve
her even after visiting the Emir’s palace, among other places in Kano,
where the girl was allegedly taken to, had yielded no fruit.
The Chief Press Officer of the
commission, Mrs. Fatimah Mohammed, said on Sunday after she was briefed
on the incident by our correspondent on the telephone, that Ese’s case
had yet to be brought to the NHRC’s attention.
She, however, said the commission was
empowered to, on its own, take up investigation of allegations involving
rights violations without any official complaint by the affected
parties.
“The commission is against child
marriage, and nobody has the power to convert somebody to another
religion. If it is true, the commission will investigate it,” she added.
When contacted on Sunday, the Office of the Attorney-General of the Federation said it was not aware of the incident.
Special Adviser on Media and Publicity
to the AGF and Minister of Justice, Salihu Isah, who was also informed
of the incident on Sunday, said it was an issue that should be handled
by Kano and Bayelsa states as well as the police in the two states.
“We are not aware of that and I think
the question should be directed to the police and the governments of
Kano and Bayelsa states,” Isah said.
Copyright PUNCH. All rights reserved. This material, and other digital
content on this website, may not be reproduced, published, broadcast,
rewritten or redistributed in whole or in part without prior express
written permission from PUNCH.
Just got back from Church. God kinda ministered with my learned
lady helping Emir Sanusi II will cause to #BringBackTheAbductedGirls from
Kano.Was a campaign issue 2015 our
great girls were abducted from Chibokby boko haram bandits and un-known armed men,
now this?
1.That Mallams come to
the South and abduct under-aged girls married off in Kano.
2.That Kano is now a
haven for forced child marriages, a crime punishable by law
3.That abductees’
parents cry to the Emir Sanusi and the Police and
4.They said if your
girls return, their parents would beat them?. But why incapacitate young girls?.
5.That Emir Sanusi remarkable royalty now
a weak Emir unable to enforce his ‘royal decree’ to return stolen girls – This would
never have happened during the reign of His Highness Dr Ado Bayero. His gentle soul
R.I.P
6.That although
abduction is a crime committed by these known criminals in Kano, the police looked
away and still does. This is tantamount to state sponsorship of kidnapping, modern day slavery,
and "religious terrorism" with all due respect.
7.That some licentious
citizens of a great country are giving a good religion, Islam a bad name.
Emir Sanusi former Governor of CBN one time hero of gender
struggles styled “activist Governor” and “honorary woman”.A
traditional ruler should lead by example and modernize his or her stool, not degenerate.
As you have the contact of the parents and victims kidnapped and detained by some residents of Kano,please slate a
date for the Kids’ return home to their parents in Bayelsa and other States this
week in the presence of civil society members, journalists and concerned
citizens.
Prof
Okwechime re-posted hereunder. Two Learned Ladies made great comments, not
shared posts beyond OurCountryNigeria linkserv. Maybe you want to ponder
over the point raised that you cannot be Lawyer to the deposed Chairman
of EFCC Ibrahim Lamorde facing whopping N1Trillion Theft allegation and
simultaneously lawyer to EFCC bearing in mind that FG has ordered AGF in
collaboration with EFCC and ICPC to probe Lamorde’s Loot and others. You are
also the EFCC Prosecutor in the Tompolo’s N14Billion pending matter in legal
‘scuffles’ against a man who once unlawfully threatened "death"
during Jonathan's regime, you know he ought not to.
Great
lawyer, yet made SAN despite your applying a number of times and qualifying –
Olanipekun’s less known lawyer son called to bar 12 years younger applied once
and “Mr Fix” fixed it. Ought you and Falana SAN to join the campaign to scrap
the oppressive rank of SAN bearing in mind all lawyers are equal, and the rank
scrapped in a number of Africa countries plus Ghana. There is no SAN or its
equivalent in US. People should not segregate in court rooms, apartheid having
been banned.
You
could decide the issue of conflict of interest in these matters. Read brilliant
press statement a few days ago where you told the IGP to snub the warrant of
arrest issued against Lamorde cos in view of pending litigation wherein the
Senate has been served and was yet to respond and in keeping with Senate rules,
ought to await the outcome of your court action on Lamorde’s account, you
enthused.
DO NOT
RESPOND TO THIS EMAIL MESSAGES JUST PONDER OVER IT.
In the
article (link below) it is reported that Mr Keyamo is Mr Lamorde's lawyer. It
has been reported elsewhere in the past that Mr Keyamo is also one of the
EFCC's external lawyers. If so, can he represent Mr Lamorde in the latter's
personal capacity? What happens if and when the EFCC gets on Mr Lamorde's case?
Emir Sanusi II, Islam is good. Don't Desecrate it!
In assisting the Mallams such as the Mallam Yinusas in your
emirate despite complaints being lodged by Child Protection NGOs and the Mother
of young Miss Ese Oruru, to abduct kids
from Bayelsa and transport them to your emirate (human trafficking) where they
are forced to convert from Christianity to Islam you desecrate the Holy Quran. Stop
the filth Sanusi protect the girl child! http://www.punchng.com/kano-man-abducts-14-year-old-bayelsa-girl-forcefully-marries-her/
Excellent
resolution that Olanipekun SAN must have
to face disbarment proceedings because of his ignominious role in arguing
before a public audience including the highest court in the land two
conflicting positions. He stood with Gov Abia & Akwa Ibom States as lead
counsel and argued that the use of card readers as contained in INEC guidelines
superceded the Electoral Act. Contemporaneously Olanipekun argued the opposite blatantly,
in the same court. Please punish him now!
Thank you
CA
COMMUNIQUE
ISSUED AT THE END OF THE MEETING OF THE NATIONAL EXECUTIVE COMMITTEE
COMMUNIQUE
ISSUED AT THE END OF THE MEETING OF THE NATIONAL EXECUTIVE COMMITTEE (NEC) OF
THE NIGERIAN BAR ASSOCIATION (NBA) HELD ON THURSDAY 18th FEBRUARY, 2016 AT
CREST HOTELS & GARDEN, JONAH JANG WAY (FORMERLY OLD AIRPORT ROAD), PLATEAU
STATE
INTRODUCTION
The Nigerian Bar Association at its National Executive Committee [NEC] Meeting
held at The Crest Hotels & Garden, Jonah Jang Way (formerly old Airport
Road) on Thursday 18th of February, 2016 considered several issues of urgent
national importance including, but not limited to: the anti-corruption policy
of the Federal Government of Nigeria; the delay in the payment of salaries and
allowances of Judicial Officers and staff; misguided remarks and disparaging
utterances by politicians and certain personalities against the Judiciary in
order to intimidate or infuse fear; the appointment of Justices of the Supreme
Court; the worsening state of the Nigerian economy; the ongoing electricity
pricing controversy; the urgent need to set up the NBA Anti-money laundering
and Anti-terrorism Financing Guidelines for all lawyers in Nigeria.
NEC carefully considered the said issues and resolved as follows:
STATE OF NIGERIAN JUDICIARY
ATTEMPTS TO INTIMIDATE OR INFUSE FEAR INTO THE JUDICIARY
NEC noted with concern the worrisome
trend of disparaging the judiciary and judicial officers by the political class
and other disgruntled persons in the course of the performance of their
judicial duties in an attempt to malign, intimidate them and infuse fear. NEC
resolved that any member of the NBA involved in such unprofessional conduct
should be sanctioned.
NEC restated the independence of the Judiciary and called on all the other arms
of Government to ensure that the Independence of the Judiciary is maintained
and observed at all times. NEC resolved that the NBA shall continue to uphold
and safeguard the Integrity of the Judiciary and shall rise to the defence of
the Judiciary whenever Judicial Officers are unfairly attacked by the political
class and other members of the public.
DELAY BY FEDERAL AND STATE GOVERNMENTS IN PROMPTLY PAYING THE SALARIES OF
JUDICIAL OFFICERS AND STAFF
NEC noted that the Federal and some
State Governments are unduly delaying the payment of the salaries and
allowances of judicial officers and staff. This is a worrisome development in
view of the losses suffered by the nation as a result of the last Judicial
Staff Union of Nigeria [JUSUN] industrial action in 2015.
NEC reiterated the need for full compliance with the provisions of the
Constitution on the financial autonomy of the Judiciary in order to ensure the
independence of the Judiciary and to prevent unnecessary interference in their
affairs by the other arms of Government.
NEC resolved that the Federal and State Governments should as a matter of
urgency set up measures to tackle issues of non-payment of salaries and
allowances of judicial officers and staff and to take robust steps to ensure
full compliance with the constitutional provisions on judicial autonomy.
JUDGMENTS BY ELECTION PETITION
TRIBUNALS AND APPELLLATE PANELS
NEC commended the judiciary for
their efforts in resolving election matters timeously. NEC noted that the
judiciary applied its best efforts but conceded that certain things could have
been done a lot better.
NEC noted with concern the several instances of conflicting judgments and
failure to abide with laid down judicial precedents by some Tribunals and
Appellate Panels. NEC also noted the role of NBA members in the Election
Petitions/Appeals and the need for there to be a remarkable improvement in the
professional conduct of Lawyers handling Election Petitions/Appeals.
NEC resolved that all those who were responsible for these obviously avoidable blemishes
on the judiciary and the entire legal industry should be sanctioned to prevent
them from causing grave harm to the fabric of the legal profession.
THE APPOINTMENT OF JUSTICES OF THE SUPREME COURT.
NEC commended the Chief Justice of Nigeria for amending the Guidelines for the
Appointment of Justices of the Supreme Court to include appointments of
deserving Senior Advocates of Nigeria.
NEC noted that despite the impeccable records and deep knowledge of the law of
NBA nominees, the final decision was based on number of judgments delivered
when it is a known fact that lawyers do not write judgments.
NEC urged the Chief Justice of Nigeria to initiate a holistic review of the
appointment guidelines to accommodate lawyers as doing so will inject new blood
and improve efficiency of the Supreme Court.
2.0 STATE OF THE BAR
2.1. THE DUTY OF LAWYERS TO REPRESENT CLIENTS WITHOUT DISCRIMINATION
NEC noted with displeasure the steps taken by certain overzealous operatives of
Government hiding under the guise of fighting corruption and criminality to
apply unlawful techniques in harassing and intimidating lawyers in the course
of their legitimate work.
NEC declared such unlawful practices by these overzealous operatives of
Government as totally unacceptable and morally reprehensible.
NEC further noted that the investigation and/or prosecution of corruption cases
will be a sham if the agencies involved in the investigation and prosecution
enjoy the services of lawyers, but the accused persons are denied access to
counsel of their choice.
NEC stated that lawyers carrying out their legitimate duties of representing
their clients within the ambit of the law cannot be wrongly classified as
persecuting or aiding corruption. Our law provides for the presumption of innocence
until proved guilty.
NEC resolved that lawyers will continue to offer their legal services to all
clients in accordance with law and in compliance with the Rules of Professional
Conduct for Legal Practitioners.
2.2. NBA ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING GUIDELINES
NEC noted that lawyers play a significant and independent role in the
administration of justice as well as in ensuring lawful compliance by persons
and entities involved in commercial and financial activities.
NEC resolved that in furtherance of the commitment of the NBA to effectively
combat corruption, NBA shall put in place anti-money laundering and
anti-terrorism financing guidelines to be observed by law firms and lawyers in
Nigeria which shall be known as The NBA Anti-Money Laundering and
Anti-Terrorism Financing Guidelines.
2.3. DISCIPLINE AT THE BAR
NEC warned lawyers to desist from making disparaging comments against the Court
simply because the Judgments were not in their favour. All lawyers must imbibe
the practice of decorum and civility while commenting on a judicial
pronouncement.
NEC restated NBAs commitment to deal with all cases of professional infractions
and misconduct with dispatch.
STATE OF THE NATION
CORRUPTION
NEC restated the support and commitment of the NBA to the zero tolerance for
Corruption policy of the Federal Government and restated NBAs undertaking to
work with the FGN and all willing FGN Agencies in the battle to kill corruption
before corruption kills Nigeria.
NEC also stressed that the war against corruption must be fought within the
ambit of the law and rule of law must at all times be given primacy. The war
against corruption can only be won within the ambit of the law.
THE
DECLINE IN THE VALUE OF THE NAIRA
NEC noted with grave concern the dire straits of the Nigerian economy with
particular emphasis on the depreciation of the Naira against other
international currencies thereby causing serious panic in the Nigerian Stock
market.
NEC noted that the fluctuating exchange rate of the US Dollar to the Naira in
an import based Country such as ours is extremely dangerous.
NEC resolved that the Federal Government should formulate policies and initiate
measures to salvage the value of the Naira and to reflate the economy to reduce
the hardship currently faced by millions of Nigeria.
3.3 ELECTRICITY PRICING CONTROVERSY
NEC noted the current controversy on electricity pricing and the resolution of
the Senate directing NERC to suspend any proposed increase in the electricity
tariffs. NEC urged all concerned parties to amicably resolve the controversy in
the interest of all Nigerians. The rights of electricity consumers to a fair
and reasonable tariff mechanism and the rights of Investors in the Power Sector
as determined by our extant laws must be protected at all times.
DATED THIS 19TH DAY OF FEBRUARY, 2016
Augustine Alegeh, SAN, FCIArb [UK]
President, Nigerian Bar Association
On behalf of an airline today Friday we were at the High Court.A lawyer my contemporary who shall not be
named said: ‘The Amazon, you are an Institution.” Retort: “Thanks my Bro Barrister.” Now I ask Olanipekun, what
does your name represent?. Mine represents "NOT a briber".
Last year the NBA gave free stamp and seal to SANs right? And got
other lawyers to pay for the same stamp and seal. Is that fair?
Well, after court today Friday, I walked into one of the branches of
Access Bank Plc, NBA’s official Bank to inquire I asked “are lawyers paying
2016 stamp and seal?” They responded in saying “last year some paid but this
year No!” I did hint in the last quarter
of 2015 by electronic circular that our learned colleagues should protest. DO
NOT pay 2016 stamp and seal in order NOT to encourage a lope-sided implementation of the project, please
Members of the Benin branch of the Nigeria Bar Association have
threatened to expel National President of the NBA, Austin Alegeh, over
the removal of their chairman, Princess Patience Iyomon.
A letter from the General Secretary of the NBA, Mazi Afam Osigwe, had
directed Vice Chairman of the NBA Benin branch, Emmanuel Ojekhua to
take over chairmanship and management of the branch including its bank
accounts and properties.
The letter dated February 20, 2016 said Iyomon was removed by the
National Executive Committee of the NBA at its meeting in Jos, Plateau
State.
Angered by the contents of the letter sacking their chairman, some
members of the Benin branch stormed the secretariat and saw that locks
and keys to the secretariat were changed.
They broke into the secretariat and held an enlarged congress of the NBA at the instance of Elders of the branch.
Some lawyers at the congress who pleaded anonymity said the removal
of Iyomon was because the NBA joined in a suit against the Land Use
Charge.
At the meeting presided over by Barr. Nosa Peter Osifo, the lawyers
dissociated themselves from the Jos meeting and expressed confidence in
the leadership of the disposed chairman.
They said the NBA NEC lacked the constitutional powers to remove an elected chairman of a branch.
Five members of the Benin branch executive were suspended by the congress.
They included the branch Public Relation Officer, Ebosele Ohifoh,
Vice Chairman Emmanuel Ojekhua, Secretary David Maduku, Treasurer J.J
Osadiaye and Pearl Agbale.
Osifo said, “We see the Jos resolution as an affront and an attempt
to ridicule Benin branch. We will not allow it. We are not timid”.
“We shall resist any despotic attempt in NBA. The NBA president is
from here. He should not annoy us. If he did, we will expel him from
this branch because we will not allow him to spoil our future chances.”
Reacting, Ebosele described the congress that suspended them as
illegal and that the NBA constitution does not recognize the Elders.
Ebosele insisted that Iyomon was removed legally by the NEC.
The
Chief Justice of Liberia is addressed as His Honor Johnnie Lewis and that goes
for Liberian Judges.
His
Lordship as women Judges in Nigeria are loathe to bear “Her Ladyship” That the
men may appear before them and ‘romanticize’ it,as “My Lady” with a contemptuous/insulting undertone
often embarrass them and rather than send those men to jail for contempt of
court, Nigerian female Judges prefer the address mode “His Lordship”. Absurd!Whilst human rights activists suggest the
pronoun “Her Lordship” some proposed “Her
Honour” and by the way that is how we address the Chief Justice of the Supreme
Court of the United States of America and other Justices as “your honor”.Please give us a law to address all Judges
from the High Court in Nigeria upto the SupremeCourt as “His Honour” or “Her Honour” and for the Magistrate Courts, “Her
or His Magistracy” or simply “Sir or Ma’am”.
SAN
It
has happened before in England and Wales, where the practice was taken from in
2003 and 2004 the award of Q.C., was suspended due to public outcry as we now have
in Nigeria against SAN for different reasons. Please Mr President pending the
passing of legislation to scrap, abolish or ban the rank of SAN, from now on, your
national executive council which has some statutory regulatory powers as you
can see from section 5(7) of the Legal Practitioners Act hereunder reproduced,
could in conjunction with the LPPC suspend this rank for now for obvious
reasons. In America there is no Q.C., or
its equivalent. In neighbouring Ghana there is no Q.C. or its equivalent and
several countries too numerous to list.
s5(7) LPA: “The Legal Practitioners' Privileges
Committee may, with the approval of the National Council of Ministers, make
rules as to the privileges to be accorded to Senior Advocates of Nigeria, as to
the functions of a legal practitioner, which are not to be performed by a
Senior Advocate of Nigeria, as to the mode of appearance before courts by a
Senior Advocate of Nigeria, and generally, but without prejudice to the
foregoing, for ensuring the dignity of the rank of Senior Advocate of Nigeria.”
Originally
it was meant to protect and promote junior lawyers which is why a Q.C. must
appear with a junior in any case s/he conducts and there is a fee formula the
junior gets 1/3rd of the fees. All those $21 million some 3 or 4 SANs
in Nigeria earned from Halliburton and Siemens, some $7million ought to have gone
to juniors and if that occurred we would have less impoverished juniors. It is
common nowadays one lawyer Fidelis Udowana died in Lagos 2015 needed only N45,000=
for surgery, couldn’t afford it.
The
NBA Lagos Branch scribe passed after his car had an accident on his way to the
national executive committee meeting in Ekiti, police and road safety took
custody of the car, he needed money to get it out plus his medics which should
come to about a hundred thousand Naira No help!. What of Akinbote Esq former
NBA Lagos scribe died from want of care. A number, also Ms Felicia was former
NBA Lagos scribe, cancer struck!
Governorship
tussle Akwa Ibom, Abia and Rivers State. One SAN took the brief of Abia State
Governor, PDP and Rivers State PDP and argued one position of the law ie card
readers not being a statutory requirement. The same SAN took the brief of
APC/Umana Akwa Ibom and argued the exact opposite and lost; two conflicting
positions taken contemporaneously.
Many
work hands sore others do less work. During the tenure of office of AGF Adoke
SAN. INEC, AGF, Zinox etc were sued by Bedding Holdings Ltd. the plaintiff got
the order of Auta CJ FHC Abuja restraining INEC from conducting voters
registration exercise, plaintiff claimed patent rights. I, was the counsel who
in December 2010 vacated those court orders that paved way for our democracy to
thrive. Click http://www.nigerianbestforum.com/generaltopics/ddc-machines-contract-court-vacates-interim-order/
Whilst
AGF Adoke SAN was paying millions dollars to a few others on Halliburton plea
bargain, I received no fees at all yet did more work. Unfair!
In
2008-2012, I began the struggle against Governors tenure elongation; my legal
pontification was vindicated by the Supreme Court. Please see the Vanguard.
Another SAN who had access to the former President Jonathan went and took a
national award that I had worked for and earned. How many of these SANs nowadays pontificate
any laws?. We had the FRAs, RF-Kayode, GCM Onyuikes, the Mudiagha Odjes SAN our
Idols.http://www.vanguardngr.com/2012/02/tenure-elongation-judgment-ll-deepen-our-democracy-carol-ajie/
Our
Idols, the first generation Senior Advocates of Nigeria are all gone.
Kindly
let the suffix SAN being mis-used presently, go with the winds!