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Jul 29, 2020

Dele Adesina Rallied The Bar To Fight Against Principalities - Prof. Ilochi Okafor SAN, FCIArb


In the hours of our greatest crisis the very dark days following the gruesome murders of our brother sister and child Late B. C. Igwe Chairman NBA Onitsha Branch his pregnant wife our learned colleague and unborn child the NEC under the leadership of Wole and Dele Adesina in great courage rallied the entire Bar in unprecedented unity to fight for redress and support the Igwe family.

The fight was against principalities and powers wickedness and evil in the high places. 

The endowments established have funded the education of the children of our murdered colleagues. We are obliged in all decency to vote for Dele Adesina. Remember the wise saying of the fowl. VOTE DESAN

Prof. Ilochi Okafor SAN, FCI. Arb.

Jul 28, 2020

Dele Adesina SAN Condemns Killing Of Haro Gandu and Kidnap Of His Wife And Son


The very sad news of the murder of Haro Gandu was brought to my attention in the early hours of this morning. I learnt that his residence was invaded on Sunday night by persons suspected to be bandits.

These unrepentant men of the underworld shot Haro Gandu to death and abducted his wife and son. This is most tragic and worrisome. While sympathising with the Gandu family over the gruesome murder of our colleague, I call on the State and Federal Governments to step up security and ensure the killers of Haro Gandu are brought to justice. The State and Federal security agencies must collaborate effectively to ensure speedy and safe release of our deceased colleague's wife and son.

This is another killing and abduction too many. Government must rise up to its responsibility of protecting the lives and security of the citizens. Just about a week ago, I read about the wanton killings in some parts of Kaduna State. These gruesome killings must stop.
We need peace in our land and it is my prayer that peace shall return to every troubled part of our country.

My heartfelt condolences to the Gandu family, his colleagues and friends, NBA Kaduna Branch, Ministry of Justice Kaduna State and the Government and people of Kaduna State over these mindless killings.

Haro Gandu was until his death a Deputy Director in the Kaduna State Ministry of Justice and an elder brother to one of the very vibrant young lawyers and my good friend, Fumen Gandu. May the good Lord bless his soul and grant him eternal rest.

Dele Adesina SAN, FCIArb

Jul 26, 2020

Dele Adesina Can Restore The NBA To Its Glory Days| Maurice Oru Ebam Esq


I know that I know  compared to all other presidential candidates (all due respect to my  seniors) in the forth coming NBA  General Elections DEACON DELE ADESINA (SAN) DASAN is the best candidate based on my persuasion beyond conviction.

We must change our mentality as lawyers and members of the biggest Bar in Africa for over the years the NBA has committed blunders becoming toothless bull dogs.

The NBA must take up its rightful place with boldness, confidence and uprightness.
Deacon Dele Adesina SAN (DASAN) is the only candidate with  antecedents in the Bar that can restore the NBA to its glory days with innovations.

Many lawyers are even unaware that the now celebrated 'SBL' of the NBA is the brainchild of Deacon Dele Adesina SAN (DASAN).

Iron sharpens iron for Deacon Dele Adesina SAN (DASAN) conducts helped determine my courage as my association determines my acceleration.

Maurice Oru Ebam Esq
NBA Abuja Unity Bar.

3 Things to Consider When Acquiring Art | Adedunmade Onibokun


There are various reasons why people buy art, it could be for investment, for some because they are collectors, while for others because they are art enthusiasts and sometimes even for emotional reasons, for instance when the buyer is drawn to what is depicted by the artist on canvass.  Some of the most expensive paintings ever sold include Leonardo da Vinci’s Salvator Mundi, which sold for $450.3 million at Christie’s on November 15, 2017, and Pablo Picasso, Les Femmes d’Alger (“Version O”), which sold for $179.4 million also at Christie’s on May 11, 2015[i].

Do Not Sell Your Votes For A Plate Of Porridge Like Esau Did | Seye Thompson


'I don't believe in superstars
Organic food and foreign cars
I don't believe the price of gold
The certainty of growing old
That right is right and left is wrong
That north and south can't get along
That east is east and west is west
And being first is always best'

Do you know this song? Don Williams sang it years ago and for me, the song makes me look inwards when making decisions

Look at the reality of things. Can your candidate actually do all these things he has promised to do if elected? Does he even have the history of defending lawyers in the face of harassment? Amaka, think very well.

For my colleagues at Ilorin, Ikire, Abakaliki, Jalingo, etc (once you ain't in Lagos or Abuja, you fall in this category. Don't argue), how would your candidate help your legal practice with his policies?? You are jumping up and shouting for a candidate with jumbo sized multinational deals in his pocket and who probably you heard for the first time because of the elections yet you seem to have forgotten that your address on 'no case submission' is due by Monday. No be everybody dey do oil and gas or commercial transaction o. Think o.

Your candidate has laid claims to playing active roles in the NBA-SBL. Is it the NBA-SBL that requires annual subscription for membership and subscriptions for committee memberships? Is the NBA-SBL that you ain't a member of? How is this different from the free seminars we see in the papers but which require registration fees? Idowu, why are you doing like this now? Be careful when a barefooted man offers u shoes.

Can your elitist client really identify with you? Yes, you. Are you not the one who struggles from Ikorodu to Igbosere everyday? Yes, your candidate pays juniors very well but then how is that commensurate with the rigours of waking up 4am everyday just for you to make it to work by 8am. Remember, all that glitters is not gold.

That your candidate has not been endorsed by any group or branch should get you worried. Is he a lone ranger? Is he that bad? My sister, wake up.

Do not sell your votes for a plate of porridge like Esau did. You owe the bar a duty to elect an experienced and cultured  President. You owe the bar a duty to ensure that it maintains its ideals and goals. We need a repositioning and not an overhaul. Nobody is more suited to achieve this than a candidate who has served as General secretary and who understands the terrain. Two years is too short to experiment.

Cast your vote for Dele Adesina SAN and join him in his quest at making our bar successful.

I am Adeboye Oluwaseye Thompson and I write from the Ilorin branch of the NBA

Jul 25, 2020

NBAAGC Session on Executive Order And Democratic Governance


On May 20, 2020, President Buhari signed Executive Order No. 10 which guaranteed financial autonomy of state legislature and judiciary. This Order was warmly welcomed by many as the issue of financial autonomy has hampered the development of both arms of government within the States.

In addition to this Order, President Buhari has also signed other Orders including; Executive Order No.1, on the Promotion of Transparency and Efficiency in the Business Environment; Executive Order No.2, on the Promotion of local content in public procurement by the Federal Government;
Executive Order No.3, for the Timely Submission of annual budgetary estimates by all statutory and non-statutory agencies, including companies owned by the Federal Government; Executive Order No.4, on the Voluntary Assets and Income Declaration Scheme (VAIDS), to increase the level of Tax awareness and compliance, widen the tax net, and reduce incidence of tax evasion in the country; Executive Order No.5, to improve local content in public procurement with Science, Engineering and Technology components; and  Executive Order No.6, on the Preservation of Suspicious Assets connected with corruption and other relevant offences. This order sought to fight corruption by curtailing certain liberties and fundamental rights of Nigerians.

These Executive Orders however, raise one question, “does it in any way erode on the powers of the National Assembly to make laws?” or put in another way, “does the Executive carry exercise law making powers via these Orders?”. Indeed, democracy cannot flourish in the dearth of clear and precise separation of powers and an operative system of checks and balances. This topic will be subject to debate at the upcoming NBA Annual General Conference scheduled to hold in August, 2020, and lawyers are urged to participate actively in the session.
@Legalnaija 


The Need To Understand The Constitutional, Political And Policy Contexts Of Executive Powers



Man’s increasing thirst for power since the dawn of time is the premise for which Separation of Powers and a system of Checks and Balances is ingrained in the roots of democratic governance. If power corrupts, then absolute power corrupts absolutely. According to Charles de Montesquieu, “when the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty”. The essence of Democracy, the Rule of Law and the security of Human rights is to give man a good life and liberty against arbitrary or unrestrained exercise of power. If powers are not definitely shared, the path to tyranny is not far-off.

The concept of separation of powers stands frontward in the interaction of the three branches of government; the executive, the legislature, and the judiciary. The Nigerian constitution captures the doctrine of separation of powers to prevent one arm of government, specifically the executive, from becoming excessively powerful, enough to destroy the system. Under the 1999 Constitution of the Federal Republic of Nigeria, federal legislative power is vested in the National Assembly, while executive power is vested in the President and the judiciary with the power to interpret laws, by virtue of Sections 4, 5 and 6 respectively.

In performing his executive functions, the President may issue orders to agents and agencies of the executive branch in respect of a project or programme. These orders may set out government policies, issue directives or command action relating to functions of the executive arm. An order issued by the President becomes rather controversial when it purports to make law (1). There is no express mention of executive orders in the constitution, howbeit, executive orders are an offspring of constitutional development, especially, in the history of the development of presidential power in the United States (2). It is usually following the presidential instinct to ‘execute and maintain’ the provisions of the constitution (3).

The President’s power to issue executive orders raises the problem of lack of clarity in separation of powers. If executive orders have the force of law, it goes without saying that Presidents have the power to make laws by issuing executive orders. However, there is a counterbalance considering that this power is also controlled and checked by the Judiciary. Executive orders are advantageous because they are required to fill in the gaps in legislations creating executive agencies. A good instance of such executive order would be Executive Order 5, issued by the President relating chiefly to promotion of Nigerian content in public procurement of goods and services. The use of executive orders is also necessary in occasions of regulatory contradiction and uncertainty in Nigeria (4).

 

Like legislative statutes, executive orders are subject to judicial review and may be overturned if the order lacks support by statute or the Constitution, if the order demands an action that will be illegal, or if the order contravenes one or more doctrines of democracy. A critical case on Presidential executive orders is Attorney General of Abia State & ORS V. Attorney General of the Federation [2003] 4 NWLR (PT 809)124. In this case, the Supreme Court considered the validity of the promulgation of the Revenue Allocation (Federal Account, Etc) (Modification) Order (Statutory Instrument No. 9 of 2002). Belgore, JSC held that the promulgation order was indeed constitutional and valid seeing as the then President of the Federal Republic of Nigeria, Chief Olusegun Obasanjo, acted pursuant to Section 315 of the 1999 Constitution. Courts, however, do not readily invalidate executive orders and the legislature cannot impose a general prohibition on the use of executive orders, as noted by the Supreme Court in Attorney General of the Federation v Abubakar [2007] 10 NWLR (Pt 1041)1 (1).

Like drugs, the authority granted to the President to make an executive order can be misused. Truly, an executive order issued by the president, with a goal to ‘execute and maintain’ the terms of the constitution, can engender the adherence to democratic principles, consequently advancing the practice of democracy. Nonetheless, if misused, an executive order can set a nation on the path to tyranny.

 

Since the return to democracy in 1999, each successive government in Nigeria has signed a number of executive orders, President Muhammadu Buhari’s government inclusive. Commonly, the news of the signing of a new executive order is greeted with either public outcry at worst or with mass apathy at best (5). Some of the orders issued by President Muhammadu Buhari’s government include:

 

Executive Order No.1, on the Promotion of Transparency and Efficiency in the Business Environment. The mischief of this order is to facilitate the ease of doing business in Nigeria through the promotion of transparency and efficiency in the business environment (6).

 

Executive Order No.2, on the Promotion of local content in public procurement by the Federal Government. This order’s mischief is to grant preference to local manufacturers of goods and service providers in their procurement of goods and services.

 

Executive Order No.3, for the Timely Submission of annual budgetary estimates by all statutory and non-statutory agencies, including companies owned by the Federal Government. This order addresses the delay in the passage and assent of National Budget occasioned by the late preparation and transmission of budget estimates by Ministries, Agencies and Departments (MDAs), with the 2016 and 2017 budgets as befitting reference points.

 

Executive Order No.4, on the Voluntary Assets and Income Declaration Scheme (VAIDS), to increase the level of Tax awareness and compliance, widen the tax net, and reduce incidence of tax evasion in the country. Also, to offer amnesty until March 31, 2018 (later extended to 30 June, 2018) to tax payers (individuals and corporate bodies) who have defaulted in their obligations in the past.

Executive Order No.5, to improve local content in public procurement with Science, Engineering and Technology components. The executive order is expected to promote the application of science, technology and innovation towards achieving the nation's development goals across all sectors of the economy (7).

 

Executive Order No.6, on the Preservation of Suspicious Assets connected with corruption and other relevant offences. This order sought to fight corruption by curtailing certain liberties and fundamental rights of Nigerians (8). The order prevents persons guilty of corruption from continuously holding and controlling asset acquired from proceeds of corruption.

 

Executive Order No.10, which merely affirms the financial autonomy already donated to State Legislature, Judiciary, and by the Constitution, strengthens them as institutions, and makes them truly independent from the suffocating grip of State Governors. This ensures transparency, accountability and responsibility in government; broadens and deepens the democratic space; and signposts the much-desired restructuring and power devolution (8)

 

These executive orders do not escape criticisms. Particularly, President Buhari’s Executive Order No.6 raised controversies as to its constitutionality and validity seeing as it invalidates the rights to property guaranteed in Sections 43 and 44 of the 1999 Nigerian Constitution. According to the President, the order aims to “restrict dealings in suspicious assets subject to investigation or inquiry bordering on corruption in order to preserve such assets from dissipation and to deprive alleged criminals of the proceeds of their illicit activities which can otherwise be employed to allure, pervert and/or intimidate the investigative and judicial processes” (9).

 

Indeed, democracy cannot flourish in the dearth of clear and precise separation of powers and an operative system of checks and balances (10). This is a challenge for the legal profession and the Judiciary to understand the constitutional, political and policy contexts of the exercise of executive power in order to prevent the executive arm from exceeding its power limits, safeguard human rights and liberties, and save the democratic society that is Nigeria.

 

Adeniran Oluwabukunmi.


 

References

1. Okebukola and Kana. Executive Orders in Nigeria as Valid Legislative Instruments and Administrative Tools.

2. Historical Development of Separation of Powers. LawTeacher. 2019.

3. Sam, Amadi. Executive order 10 of 2020 is dangerous to constitutional democracy. 2020.

4. —. Executive Order and presidential power in the Nigerian constitutional democracy. TheGuardian. 2018.

5. Jonathan, Ekpo. A Critique Of The Companies Income Tax (Road Infrastructure Development And Refurbishment Investment Tax Credit Scheme) Order 2018.

6. Ladan, M.T. Presidential Executive Orders 1-6 Of May 2017 to July 2018 as Enforceable Legislative Instruments In Nigeria [As At July 6, 2018]. 2018.

7. Law, Bloomfield. Nigeria: President Muhammadu Buhari Signs Executive Order To Improve Local Contents In Science, Engineering & Technology Procurement. 2018.

8. Nigeria: Is President Buhari's Executive Order 10 Constitutional? AllAfrica. 2020.

9. Dayo, Adu and Ridwan, Oloyede. President of Nigeria Signs Executive Order 6 of 2018 on the Preservation of Assets Connected With Serious Corruption and Other Relevant Offences. 2018.

10. Simon, Rogo. Nigeria: Executive Order 10 Will Deepen Democracy. 2020.

 Photo Credit - www.saynigeria.com 


NBAAGC2020 Session Security And Extra Judicial Killings In Nigeria



The reports of extra judicial killings by security agencies in Nigeria is not news anymore, neither has the issue been adequately addressed. For instance, the prevalent state of insecurity in most regions in Nigeria has resulted in an increased deployment of security operatives all over the country. Of these security agencies, some have gained notoriety for perpetuating extra judicial killings.

Jul 23, 2020

Equity Demands That NBA Ikeja Should Produce The NBA President


It is indeed very sad that despite the support Ikeja Branch of the NBA has given to its Lagos Counterpart for several years, the Lagos Bar has refused to reciprocate this gesture at a time a member of the Ikeja Bar is aspiring for the office of the President of the NBA. It is clear that one objective of the NBA Constitution is to promote equality, equity and fairness among the various zones in the election of National officers. That spirit and objective of equality, equity and fairness I believe should also be extended to the branch level to prevent a situation where certain branches will feel marginalized.

Without a doubt, the Lagos Branch of the NBA since the inception of the NBA has produced not less than six (6) Presidents of the Bar, the most recent of which is the out-going President in the person of Paul Usoro, SAN. If the outgoing President was produced by the Lagos Bar, will it be fair for the Lagos Bar to produce another President? I do not think so, and I believe the entire objective of zoning principle will be defeated if only one Branch is to constantly produce the President of the NBA. I concede that the second schedule to the NBA Constitution divided the country into geographical zones, with rotation between the three (3) zones i.e. Northern zone, Eastern zone and Western zone, and does not extend such divide or dichotomy to branches. However, it will be inequitable and unjust for one branch to always produce the NBA President? This will not augur well and in no distant time some branches will become indifferent to NBA activities. The presidency of the NBA should not be the birthright of just one branch.

It is on this note that I lend my voice to the appeal to our brothers from the Lagos Bar to have a rethink and support the candidate of the Ikeja Bar in the person of Deacon Dele Adesina, SAN because if care is not taken there is a likelihood that this election will sever the mutual relationship that has existed between the Ikeja Bar and Lagos Bar of the NBA. I also call on all well-meaning members of the NBA Ikeja Branch to rise up at this time and say NO to the marginalization of the Ikeja branch by voting en masse for Deacon Dele Adesina, SAN, in the election at the end of this month (July). We also seek the support of members of the Ikorodu and Badagry Branches of the NBA at this time because a time will come when they will also seek the support of the Ikeja Branch in the NBA National election.

May I also thank the Care-taker Committee of the NBA, Ikeja Branch for re-affirming the earlier motion of the immediate past Executives adopting Deacon Dele Adesina, SAN as the sole candidate of the Ikeja Branch of the NBA.

Thank You.

- CHUKWUDI ENEBELI, MCIArb.
(Partner Pinheiro LP)

Securing The Future Of The Bar Is More Honourable Than Stomach Infrastructure


The politics of NBA has recently taken a new dimension and this made me share my opinion on why we need no other person than Dele Adesina SAN

As a young lawyer, I have always agitated for a vibrant leader for the Bar and that made me join in canvasing for a particular candidate from the onset for a brighter bar, little did I know that I am about selling my conscience for *Semo*.

At first, I thought it was a Palliative, but on a deeper thought, I wondered what Palliative to lawyers will come in form of Semo and Rice few weeks to the election. I have to sit down and think deeply and I begin to re-examine all the presidential candidates in this election.

I am a member of different presidential candidates platforms, I observed that while some are ready to offer nothing but Semo and Rice, another candidate is not sharing anything but enjoys large followership.

I took interest in one candidate who didn't share anything and still pulling crowd. Therefore, I thought and asked myself who is DASAN and why is he gaining this unprecedented followership?

I came to find out that DASAN is not interested in money/Amala Politics but for a secured bar with brighter future for the young lawyers. If the Bar has not been restructured by Chief Wole Olanipekun SAN led Executive having Dele Adesina SAN as the Chief Scribe then, the Bar would probably have been reduced to nothing today, but thank God for using the administration to institute several good policies that have become permanent structures in NBA till today.

I look at his experience, profile and protests he has led in the past to agitate for the promotion of Rule of Law and against inhuman treatment of lawyers and other citizens, I therefore had no choice than to run away from where they offer nothing other than sharing of Semo and Rice.

The question that readily comes to mind is what are we turning ourselves to? Should Pandemic turn some of us (lawyers) to beggars? My answer is No, but we should stand firmly with a candidate who with or without pandemic we can assess him and come to a honourable decision without being cajoled with Rice and Semo. We are not secular politicians.

I didn't regret joining any group before. I am only convinced about candidacy of DASAN having reviewed the developments around me, more importantly, the fact that all our leading lights in the profession in Ilorin are with DASAN. This helped me a long way in realising that DASAN truly is a candidate that is good for the Bar.

I am now an official supporter of Dele Adesina SAN and I am officially saying bye to a candidate who does not meant good for the betterment of the bar

I must state emphatically that I don't have control over anyone's conscience, but I think giving Dele Adesina SAN the support he needs will make the future of the Bar secured and greater.

Mujaid Oloyede BALOGUN Esq.
Ilorin Bar.

Jul 22, 2020

Legal Issues In Remote Work | GRF Dalley & Partner



Although remote working was practiced before the advent of the COVID-19 pandemic, in recent times it has become increasingly popular in various industries as a means of ensuring that business stays open in spite of movement restrictions that were introduced to curtail the spread of the virus.

Remote working has thus far received a favourable response from both employers and employees and as such some companies are considering making it a permanent arrangement by looking into having remote working policies. Remote working gives employers the opportunity to access a larger talent pool and can help them in saving cost.

There are certain legal considerations that employers of labour need to take note of when employing remote labour.

 

1.    CYBERSECURITY RISKS AND ACCESS TO CONFIDENTIAL INFORMATION

Remote working relies heavily on the use of technology to facilitate communication between employers, employees and clients. Employers need to ensure that necessary steps are taken to address the issue of cybersecurity risks and data breaches especially when sensitive documents have to be accessed from home or remote locations. Access to such documents must be restricted only to authorized staff.

The Nigeria Data Protection Regulation 2019 requires that those involved in data processing or the control of data develop security measures to protect data. This would involve protecting systems from hackers, setting up firewalls, storing data securely with access to specific authorized individuals, employing data encryption technologies, developing organizational policy for handling personal data (and other sensitive or confidential data), protection of emailing systems and continuous capacity building for staff.

Employers must realize that by virtue of the provisions of the NDPR 2019, there is a duty of care owed to a data subject in respect of their personal data. By extension, employees who are authorized to have access to such information in the course of their work would also be expected to handle such personal data with care.

2.    ELIGIBILITY FOR REMOTE WORK

It must be noted that not all jobs can be done remotely. Thus, employers would need to clearly state whether or not a particular role can be carried out remotely in their remote working policies in order to avoid confusion.

3.    MEASURING PRODUCTIVITY AND OVERTIME

Work done in the office premises often takes place during defined hours. Time spent working in addition to these defined working hours would be considered overtime and, depending on the agreement of parties, employees may be compensated for such additional work.

Due to the flexibility introduced by remote working, it is generally misconstrued that remote workers do less work than those working within office premises. However, studies have shown that employees working remotely do more work, attend more meetings and oftentimes attend to work demands at odd hours. Therefore, employers may need to factor guidelines for the measurement of productivity and compensation for overtime in their remote working policies.

4.    REMUNERATION

Employers are expected to continue paying wages as agreed on. However, in recognition of the hardships that the pandemic may have caused the business, parties may be required to modify the employment contract through renegotiation of terms.

 

For more information, contact:

GRF Dalley & Partners

Lagos Office:
Gabsdall House (2nd – 4th Floor)
26, Igbosere Road

Port Harcourt Office:
13, Finima Street,
Old G.R.A.

Tel: +23414549824
Email: inq@grfdalleyandpartners.com


Jul 21, 2020

Establishment Of The Sections On Business Law (SBL) And Legal Practice (SLP): Putting The Record Straight | Dele Adesina SAN




I have read on various platforms and different Lawyer groups particularly on Facebook and Twitter about stories ascribing the establishment of the formation of the Section on Business Law of the Nigerian Bar Association (NBA) to the administrations of Mr. O.C.J. Okocha SAN and Chief Bayo Ojo SAN. A particular write-up even stated mischievously that Chief Wole Olanipekun SAN’s Executive almost frustrated the creation of the Section on Business Law. Let me state without any equivocation whatsoever that Mr. O.C.J. Okocha SAN, past President of the NBA, past Chairman of the Council of Legal Education and presently the Chairman of the Distinguished Body of Benchers is a highly respected leader of the Bar and an accomplished Legal Practitioner. He was President of the NBA between 2000 and 2002.

Chief Bayo Ojo SAN, also past President of the NBA and former Attorney-General of the Federation was President between 2004 and 2005. These two gentlemen are not only accomplished Legal Practitioners but are some of the outstanding leaders the NBA has produced. Collectively and individually, they have given their best to the Association and our beloved Profession. I was an active player in their administrations. This is why I decided to ignore the misinformation going on about the establishment of the Section on Business Law; because of the necessity to avoid any claim of intension to undermine the contribution of these leaders of the Bar.

On the 3rd of July, 2020, at a virtual Zoom debate among the three Presidential Candidates vying for the Office of the President of the Nigerian Bar Association organised by the Employment and Labour Lawyers Association of Nigeria (ELLAN) and moderated by the seasoned Presenter, Shola Soyele, my brother, Olumide Akpata Esq. misinformed the audience once again by ascribing the formation of the Section on Business Law (SBL) to Mr. O.C.J. Okocha SAN’s administration and Chief Bayo Ojo SAN’s administration and stated in passing that Chief Wole Olanipekun SAN’s administration though *“played a role.”* As a participant at the debate, I tried to correct this misinformation; unfortunately, time did not permit a full chronological narration of how the SBL was founded in NBA.

Just today, 21st of July 2020, a senior Lawyer in one of the commercial Law Firms in a discussion asked the question on the correct position regarding the creation of the SBL. In the interest of our members and in defence of the institutional history of our beloved Association, I am compelled to put the record straight whether the misinformation is a product of ignorance or a deliberate mischief to lower my esteem.

First, in the course of my campaign for Election into the Office of the General Secretary of the NBA in 2002, I made the creation of SBL and SLP as a campaign issue. While I do not lay claim to being the originator of these two Sections, I want to affirmatively claim that I got the idea from the structure of the International Bar Association (IBA) which I have been attending before 2002. In the course of the campaign, there was a chance meeting between my dear brother, George Etomi Esq., and I in front of the NBA Ikeja Bar Centre where we further espoused the idea. To the glory of God, I won the election. The Executive under the leadership of Chief Wole Olanipekun SAN as President and my humble self as General Secretary swung into action. The Executive was purposeful and creative. The idea to establish SBL was deliberated upon and approved of by the National Officers and taken to the National Executive Committee (NEC) by the President.

At the NBA NEC Meeting of January 30 and 31, 2003 held at the Cultural Centre, Abeokuta, *the Committee on Sections within the NBA was set-up*. Mrs. Modupe Akintola, who at that time was the Vice Chairman of IBA Section on Legal Practice, was made the Chairman of the Committee while Obi Okusogwu, past General Secretary, was nominated as Secretary to the Committee. *Other Committees set-up at that NEC meeting includes Continuing Legal Education Committee, Human Rights Committee and Law Reform and Judiciary Committee.*

At the NBA NEC Meeting of the 24th and 25th of July 2003 which held at the Leadership Institute Hall, Jos, Mrs. Modupe Akintola presented her Committee’s Report which was adopted accordingly. The motion was moved by *Mallam Yusuf Ali SAN* and seconded by *Chief Bayo Ojo SAN*. At the pre-conference NEC Meeting held on the 24th of August 2003 at Banquet Hall, Enugu, the President further reported the outcome of Mrs. Modupe Akintola’s Committee on Sections within the NBA to NEC further to which the Report and the Bye-laws presented by the President was approved. The journey moved to the Annual General Meeting of the NBA for final approval.

At the Annual General Meeting of the Association on the 29th of August, 2003, in Enugu, the President while presenting the creation of the Sections for approval stated inter alia: *“This Committee under the Chairmanship of Chief Mrs Modupe Akintola went about their historic assignments with maximum zeal and commitment. It has not only recommended to the National Executive the establishment of two Sections that is to say Section on Business Law and Section on Legal Practice modelled as near as possible after the Sections within the International Bar Association, but it has most importantly gone ahead to submit a draft bye-law for each of these Sections…”*

Further to the above approval, the pioneer Council of the two Sections were constituted at the Ilorin NEC of 8th and 9th of July 2004 with Mallam Yusuf Ali SAN as Chairman and Richard Ahonaruogho Esq. as Secretary of Council, Section on Legal Practice and George Etomi Esq. as Chairman and Adeniyi Adegbola Esq. (now Judge of the F.C.T., Abuja) as Secretary, Section on Business Law. The same giant steps attended the introduction of the Stamp and Seal programme which was launched by the Chief Justice of Nigeria, *Mohammed Lawal Uwais*, during the NBA NEC Meeting in Ilorin, Kwara State in July 2004 under the same administration.

I have gone this far to put the records straight. It is important for people to know that putting off another man’s candle will not necessarily make your own candle to shine brighter. Besides, this is an election to elect officers of a Professional Association to serve the Association and the Profession and not partisan politics.  The unassailable and undeniable truth is that I was part of the virile, dynamic, creative and purposeful Executive imbued with the Grace and foresight to create the SBL opportunity and we are happy to have done so for our Association. The purpose of leadership is to create opportunities for the followership. The SBL has produced many giants in commercial law practice specialising in one aspect of commercial law or the other. The same goes for the Section on Law Practice.

By Dele Adesina SAN, FCI Arb
Presidential Candidate
NBA 2020 Election


See the NBA Conference Report Below 

















Jul 20, 2020

NBAELECTION2020: The Crown Looks Good On Dele Adesina's Head | Mr. Olumide Omololu Okunmakinde


Depth, vision, capacity, indispensable experience, resilient consistency, positive frequency, tenacity of  goodwill, consistency of drive for the well being and progress of the Bar and a whole lot more of good forms, define the quality endowment of the formidable Mr. Dele Adesina, SAN, who is contesting for the position of President, Nigerian Bar Association.

On the scales of experience and exposure to the dynamics of the highly esteemed Nigerian Bar Association (NBA), Mr. Adesina (SAN) is a perfectly round peg in a round hole who is embellished with incontestable and crystal clear distinction in height, like mount Everest among other mountains of the earth. Matchlessly colossal and towering in glistering gloss of pure gold of experience, Mr. Dele Adesina (SAN) obviously and deeply sight-grasps the past (in indispensable knowledge of 'the way and how' of the NBA), understands the present (in indispensable knowledge of challenges and the path to overcoming them), and sees further far into the future for the good of all (hence, his overture towards securing the good future of the Bar). Mr. Adesina (SAN) understands the journey. He knows the flanks and terrain. Reiteratively speaking, indispensible is his experience at this time in the life of the Nigerian Bar.

Taking off from the humble grounds of civil service as a state counsel prior to his overtures towards private practice, and making splendid contributions to intellectual discourse in law through his lectures and write-ups, Mr. Adesina (SAN) has navigated through all flanks of the esteemed Nigerian Bar Association with records of phenomenal success. Now, in 2020, Mr. Dele Adesina (SAN) aspires to lead the Nigerian Bar Association in the capacity as President. Surely, the crown does not just only look good, but looks sparklingly best on Mr. Dele Adesina's head. 

Mr. Adesina's loyalty to the profession is amazing—with a spice and taste of folk like heroics in his salvaging of the wig and gown in the heat of arson driven mob rage during a political crisis in the 80's. What manner of passion or goodwill this is(?) may be a question arising within those who come across this phenomenal deed in his well packaged profile. An answer to the question is definitely bound to be found in 'the will to rescue' what he deemed to hold in principal value amongst his material fabrics. Yes! 'Let every other garment burn, but not my wig and gown" is, perhaps, the resolution within Mr. Adesina's mind under a state of tension as he helplessly watched his properties face destruction by fire at that challenging time of his history. Let Mr. Adesina (SAN) be reminded of this heroic in his noble quest to lead the highly esteemed Nigerian Bar Association—and have his spirit awakened to maintain this outstanding consistency of 'will to rescue' for transposition into his anticipated era as President. It comes as no surprise, however, that his motto, which mirror's his 'will to power', is "securing the future of the Bar". In this stance, he is trust worthy.

Another shining exemplary instance where he demonstrated goodwill, passion, and drive towards the Bar was while he served as the General Secretary of the NBA. At that time in issue—which was dark in the annals of the NBA—the Chairman of Onitsha Branch of the NBA (Mr. Barnabas Igwe) and his wife (Mrs Abigail Igwe/also a lawyer), were cold bloodedly murdered. In the annals of NBA officially rising to the occasion through its officers when it mattered, reportedly, with the support and approval of the overall leadership, Mr. Dele Adesina practically moved the Secretariat to Onitsha. NBA was so moved to operate like a double edged sword. Aside from making attempts to get justice on one hand, Mr. Adesina, responsibly, was instrumental and pivotal to "securing the future" of children of late Barnabas and Abigail Igwe. On the march, he was able to move the mass, weight and currents of the NBA to raise a sum of N20,000,000 (twenty million naira) as endowment for the upkeep and education of the orphaned children. There are a plethora of inspiring demonstrations of good and humane leadership by Mr. Dele Adesina (SAN) at the local and national levels of NBA administration.

Mr. Dele Adesina has definitely seen what many other's don't or haven't, and he requires our assistance and assurance through voting in his favor to assume that position of authority which will enable him launch his good 'will to power' and secure the best possible visions he has perceived and conceived for the highly esteemed Nigerian Bar Association. Every vote in his favor matters. Therefore, as we move to vote in the coming election, let it echo in a sonorous orchestral harmony within us that "the crown does not just only look good, but looks sparklingly best on Mr. Dele Adesina's head".

Mr. Adesina's aspiration is not limited to just being the NBA President for purpose of executing the professional society's development agenda. In his mission statement, it is clearly spelt out that the NBA will also be driven to the point of influencing, and contributing to, nation building. This is proof of capacity for innovation, dynamism and positive community influence. This is believable; particularly wherein one peruses through the indelible scripts of his history and profile to savor his time at the phenomenal Ikeja Bar as Chairman where he was tasked with standing alongside his progressive likes in strong opposition against military dictatorship with success. Undisputedly, Mr. Adesina (SAN) is capable and ready—more than ready! Therefore, let our votes be ready to roar victoriously because 'the crown does not just only look good, but looks sparklingly best on Mr. Dele Adesina's head'. 

Mr. Dele Adesina's overtures are well spelt out in beams of bright sparkling light under the administration of esteemed Chief Wole Olanipekun (SAN) as NBA President. There are many positive impacts to highlight. Is it in respect of the establishment and support of diversity and specialization? Or, is it with regard to the focus on seeing to the rising of the standard of legal education by direct investment in form of four law schools (as it then existed)? TAKE NOTE, as a matter of profound and indelible legacy, that Mr. Dele Adesina (SAN) was part of the team that secured the establishment of NBA as a body with juristic personality and perpetual succession in 2002. What is more, he was part of the team that established the stamp and seal policy to check the invasion of fake lawyers and to promote professionalism. Being part of the above listed success trains is further proof of his overtures towards keeping and maintaining a vision – OF SECURTY. There is so much more on the score cards of experience which drum thunderously in Mr. Dele Adesina's favor. His candidature is such a massive swagger ginger to the mind which seeks genuine and realistic progress of the Bar. Hence; absolutely—and without doubt, "the crown does not just only look good, but looks sparklingly best on Mr. Dele Adesina's head". 

Dexterous on the flanks of intellectual writing, Mr. Adesina has shed very intensely luminous rays of light through his publications and lectures on vital issues concerning law and the legal profession. The count of these works is over two score (40+) within and outside Nigeria. Attentively glazing into his vision which is driven by "visionary, selfless and exemplary leadership", one is drawn towards his profile and mission statement wherein no self seeking engineered propaganda is visible. Visible on all fronts are facts which sound loud in his vision statement. Mr. Adesina's works, journey, and sacrifice, speak for him in thunderously vociferous magnitude; yet, calm in consistency of impact and wowing impression, like sweetly scented breeze of a flowery garden. As a matter of fact and no figment of fantasilized imagination,   Mr. Adesina (SAN) is WELL INFORMED about the association which he presently aspires to lead. His standing is pure ASSURANCE. His candidature is the REAL DEAL! Once again, reiteratively speaking, 'the crown does not just look good, but looks sparklingly best on Mr. Dele Adesina's head.

The promised destination of consolidated glory is at hand for the Nigerian Bar Association with Mr. Dele Adesina as the National President. This is a central awareness of a multitude of highly esteemed lawyers from Gracious Silks to New Wigs, who have chosen to add their voices to support Mr. Dele Adesina (SAN) in campaign. The graceful multitude, known as TEAM DASAN (DELE-ADESINA-SAN) and publicly marshaled by Mr. Adesina Adegbite (Former National Welfare Secretary of the NBA), have been a spectacular propeller—blazing indefatigably with blistering momentum, boisterous glee, contiguous optimism, inviolable harmony, and an apparently indestructible spirit of progression towards a golden goal.

The high powered team DASAN train is endowed with a limitless expansive space to accommodate as many as would like to support the great course of progression into a better secured future of the Bar. For those who have not yet come on board DASAN EXPRESS, cast away all doubts concerning Mr. Dele Adesina's candidature, take a decision for DASAN (if you have not done so), reflect deeply and resolve to align with  Mr. Adesina's aspiration. VOTE RIGHT! Your vote is your power to empower the best and contribute to the consolidated future security and greatness of the highly esteemed Nigerian Bar Association.

All along in the NBA, Mr. Dele Adesina (SAN) has been there, serving meritoriously. Obviously, he is very fit to be the next President of NBA. As for those who are buying a misconception that Mr. Dele Adesina (SAN) is riding on a tribal chariot, please think twice and CAST AWAY such misleading misconception as they come your way. Mr. Dele Adesina (SAN) is a bar man of exquisite open mindedness and humane grandeur—further finely defined in Spanish letters' construct as DASAN El Magnifico! To the Young Lawyers, because you are the FUTURE, it is most beneficial that you observe scales of 'experience' and 'service value' in the history of the NBA administration as you choose whom to vote for. Mr. Dele Adesina (SAN) is a perfect example of a leader to support and follow. On a concluding note, I strongly affirm that there was never, and there is not, A SINGLE DOUBT: 'the crown does not just only look good, but LOOKS SPARKLINGLY BEST ON DELE ADESHINA'S HEAD!'.

Jul 19, 2020

Book Reveal: Social Media For Lawyers



Adedunmade Onibokun, the Founder and publisher of the Nigerian Blawg, @Legalnaija is set to launch his 2nd book, Social Media for Lawyers. According to the teaser released earlier today on his social media channels, the book is to help lawyers harness social media resources to create visibility and grow their practice.

NBAAGC2020: Through The Years With The NBA At This 60th Annual General Conference Anniversary




Preceding the onset of colonialism and subsequent introduction of English-type courts by the British, the concept of Law, settlement of dispute, or conflict resolution and justice was not unknown to what was to become Nigeria (1)

Before the fusion of the Southern and Northern territories in 1914, the territories consisted of politically and legally independent tribes which had set-in-place mechanisms for addressing conflicts, such as mediation, adjudication, reconciliation, and negotiation as well as cross examination, which offered great prospects for peaceful co-existence and harmonious relationships post-conflict than the modern method of litigation settlements in law courts (2)The English Legal System was introduced first to the Lagos colony of Nigeria in 1863. Pursuant to Section 71 the Supreme Court Ordinance of 1876, a person could only qualify to practice law in Nigeria if they have been called to bar or admitted as solicitors in England, Scotland or Ireland (3)

 

Christopher Alexander Sapara Williams was the first qualified indigenous lawyer called to the English bar in 1879, he later became Chairman of the Nigerian Bar Association in 1900. Although this was prior to the formal establishment of the Nigerian Bar Association, history has it that lawyers in Nigeria had already been organizing themselves and holding meetings periodically to deliberate on issues or matters of interest and matters pertaining to the legal profession (4). The Legal Profession is one of the oldest professions in modern Nigeria (5).

Although legal practice in Nigeria dates as far back as the 19th century, it was only until about five decades ago, precisely 1959, that the Nigerian Bar Association (NBA) came into being (6). The Nigerian Bar Association (NBA) is the non-profit, umbrella professional association for all lawyers who complete and meet all the licensing requirements for admission to the Bar in Nigeria. The Nigerian Bar Association has 125 active branches across the 36 states and the Federal Capital Territory of Nigeria. The current president of the Nigerian Bar Association is Paul Usoro, SAN. 



Below is a list of chairmen of the Nigerian Bar Association before 1959:

S/N

NAME

DATE

 

Christopher Sapara Williams

1900 -1915

 

Sir Kitoyi Ajasa

1915 - 1937

 

Eric Olawale Moore

1937 - 1944

 

E.J. Alex Taylor

1944 - 1950

 

Sir Adeyemo Alakija

1950 – 1952

 

Jubril Martin

1952 – 1959












Although legal practice in Nigeria dates as far back as the 19th century, it was only until about five decades ago, precisely 1959, that the Nigerian Bar Association (NBA) came into being (6). The Nigerian Bar Association (NBA) is the non-profit, umbrella professional association for all lawyers who complete and meet all the licensing requirements for admission to the Bar in Nigeria. The Nigerian Bar Association has 125 active branches across the 36 states and the Federal Capital Territory of Nigeria. The current president of the Nigerian Bar Association is Paul Usoro, SAN. 






Following the formal establishment of the Nigerian Bar Association, the title of leadership of the Bar changed from Chairman to President. Below is the list of Presidents, who had similar authority to the former Chairmen:

 

Frederick Rotimi Williams

1960 – 1968

 

Peter Thomas

1968 – 1969

 

Chief B.M. Boyo

1969 – 1970

 

Chief Richard Akinjide

1970 – 1973

 

Chief Adebayo Ogunsanya

1973 – 1974

 

Dr. Mudiaga Odge

1974 – 1975

 

Dr. Nwakanma Okoro

1976 – 1978

 

Chief B.O. Benson

1978 – 1980

 

Chief Adetunji Fadairo

1980 – 1982

 

A.N. Anyamene

1982 – 1984

 

Prince Bola Ajibola

1984 – 1985

 

Ebele Nwokoye

1985 – 1987

 

Alao Aka-Bashorun

1987 – 1989

 

Charles Idehen

1989 – 1991

 

Chief Clement Akpamgbo

1991 – 1992

 

Priscilla Kuye

1991 – 1992






Between 1992 to 1998, the Nigerian Bar Association had no president. The national body of the NBA was thrown into a state of abeyance as a result of the leadership conference crisis which occurred in Port-Harcourt (7). Following the awakening of the NBA in 1998, the presidents of the NBA were:

 

Chief T.J.O. Okpoko, SAN

1998 – 2000

 

O.C.J. Okocha, SAN

2000 – 2002

 

Chief Wole Olanipekun, SAN

2002 – 2004

 

Chief Bayo Ojo, SAN

2004 – 2005

 

Prince Lanke Odogiyo

2005 – 2006

 

Olisa Agbakoba

2006 – 2008

 

Chief Oluwarotimi Akeredolu, SAN

2008 – 2010

 

Joseph Bodurin Daudu, SAN

2010 – 2012

 

Okey Wali, SAN

2012 – 2014

 

Augustine Alegeh, SAN

2014 – 2016

 

Mahmoud Abubakar Balarabe, SAN

2016 – 2018

 

Paul Usoro, SAN

2018 till date








The Nigerian Bar Association aims at ensuring the promotion and protection of human rights, the rule of law and good governance in Nigeria. The association concerns itself with the process of imbibing and respecting the dictates of democracy and the enforcement of judgements, especially by government agencies. The NBA Court Boycott of 2006, under the leadership of Lanke Odogiyo, is a befitting illustration of the influence of the association. The boycott was a protest against the contempt and ridicule of the rule of law by politicians, persistent disobedience of court orders and the violation of fundamental rights of citizens (8). The boycott was a huge success and one of the many victories of the NBA. In the words of Lawal-Rabana, when the Bar talks, the nation listens.







This topic will be further discussed at the opening plenary session of the NBA Annual General Conference scheduled to hold on Wednesday, 26th of August, 2020. Please join the discussion to learn more of the victories and successes of the Nigerian Bar Association. panelist include the NBA President, Paul Usoro SAN 




 

References

1. Taslim, Elias. The Nature of African Customary Law. 1956.

2. Methods of Conflict Resolution in African. Ajayi, Adeyinka Theresa and Buhari, Lateef Oluwafemi. 2014.

3. Afe, Babalola SAN. Repositioning Legal Education for National Development (1). 2019.

4. Peters, Ifeoma. List: NBA Presidents from Inception till Date. 2018.

5. Thomas, D. O. The Legal Profession in Nigeria at a glance – History, Nature and Regulations. 2017.

6. David, Olayinka A. Ibadan and the Beginnings of the Nigerian Bar Association. 2019.

7. Richard, Ahonaruogho. Rebirth of NBA after 1992 Port Harcourt conference crises, learning from history or repeating it. 2020.

8. A, Lawal-Rabana R. The Nigerian Bar Association and the Protection of Rule of Law in Nigeria .