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Law

The Life And Times of A Senior Advocate of Nigeria.

Chief Adegboyega Awomolo SAN.


Being a paper delivered at the July 2021 monthly meeting of the Nigerian Bar Association, Unity branch Abuja by Adegboyega Awomolo, SAN, FNCIArb, FNIALS, Life Bencher.

I want to thank the Chairman and Executive Committee of the Unity Branch of the Nigerian Bar Association, Abuja for the honour of sharing with my colleagues, memories of important events in my legal career of 43 years at the Bar and almost 30 years at the Inner Bar.
As you know everything in one’s life is part of one’s history. We write our history every day and such experiences are either positive or negative but believe me, there can be no success story without its preceding pains, losses and breath taking moments. “No cross no crown” the saying goes.

I want you to remember that who you meet and what you hear from people, especially, if it is the truth, can change the course of your life for the better. The key to topmost heights is humility, obedience and faith that can move mountain. Humility comes before honour.

IN THE BEGINNING WAS GOD

The truth is that God is the designer and the supervisor of my legal career. I graduated with LL.B Hons (Second Class Lower Division) at the University of Ife, Ile-Ife in 1977. I was called to Bar on Friday July 7th 1978 at the Nigerian Law School, Victoria Island, Lagos at about the age of 31 years. It was a great and unforgettable celebration that day, the ceremony was the joy of lawyers called to the Bar, parents and relatives. We were not allowed to take more than one guest into the Lagos Law School dinner hall. Chief G.C.M. Onyuike SAN was the Chairman Body of Benchers and at the top table were Chief F.R.A. Williams SAN, Hon. Justices Bello Sowemimo, Idigbe, Analogu, Fatai Williams, Kayode Esho Justices of the Supreme Court and many other very senior and notable Legal Practitioners.

The joy of the day was so much but I took note of the Chairman’s charge. It deeply impacted on my life and I prayed to God to take me to the highest rank in the legal profession. From that day, I resolved to remain at the Bar, actively practising law in all courts and at all levels.
On Monday 18th August 1978, we reported at the Kwara State NYSC Camp for orientation programmes at Kwara State College of Technology. During the orientation I met an older person called Mr. Ibrahim Kuranga, a ground staff of NYSC Kwara State. He took me as a younger friend, told me about his life and he counseled that, I must, in my career as a Lawyer, be disciplined and prayerful. He told me of many lawyers, he knew, who fell from grace to grass due to inability to discipline their bodies. Through this man, I was approached by the Head of Department of Law, Kwara Polytechnic to teach Criminal Law, Evidence Law and Commercial Law for Diploma in Law classes. I taught many students from 1978 to 1982. I was at his Muslim firdaus in 2010 at Ilorin when he passed on. Today I remember him and forever I will be grateful for the impact his words of wisdom had on my growth in life. This relationship taught me never to look down on any man no matter his status. May God grant him peace forever. I made several friends at the Camp and I enjoyed myself.The Legal Aid Council officials came to the Orientation Camp and gave us one week training on procedure, advocacy and management of legal aid services to inmates in prisons in Ilorin, Lokoja, Okene and New Bussa; Borgu prisons.

DO NOT DESPISE THE DAYS OF THE LITTLE BEGINNINGS
I urge all young Legal Practitioners that in the practice of law everything is not money. Pro bono services are services to God and none is ever lost. Whoever excessively loves money can never have enough and everyman who gained freedom from prison and escaped police brutality through your efforts will never forget.
As a young lawyer, you have the potentiality to become the best and wear the highest rank and stand out among your peers. You must show readiness and pant after good works.
God bless Mallam S.B.A Laaro, the then DPP in the Ministry of Justice, Ilorin. After the Orientation Camp of the NYSC about 10 Legal Practitioners were posted to Kwara State Ministry of Justice. From the first week in the Ministry, I never allowed the DPP to rest until he began to assign case files from the Nigeria Police to me for legal opinion and possible prosecution. I committed myself to not less than 50 files within 2 weeks and most of my opinions were approved by the DPP.
My colleagues made jest at me and they called me names but in the end I was awarded the “Best Corper of the Year” and decorated by the Military Administrator of Kwara State, at the passing out Dinner. My Learned friends, know that as a Junior in chambers, you are not in competition with anybody. You must be yourself and be outstanding in whatever assignment is given to you. Disregard the noise of the market around you. Your success will attract negative reactions and discouraging comments of your peers but remain focused.

After about 6 months in the Ministry of Justice, I was moved to the Legal Aid Council. As a green wig, in the Legal Aid Council I was assigned a murder case, prosecuted by Ministry of Justice Director of Public Prosecution, to defend at the High Court, Ilorin.The knowledge I had in reviewing Police case files in the office of the DPP assisted me greatly, because the experience exposed me to the methods of police investigations. There were always loop holes in the investigation, unfortunately. I lost the case but the woman was not sentenced to death by hanging but found guilty of culpable homicide not punishable with death, subject to prerogative of mercy by the Governor. Do you believe there is power of witchcraft? She was a victim of that belief. The Honourable judge understood the plight of the young woman but the law must take its course. She was guilty and sentenced according to the law.

BE CAREFUL, PEOPLE SEE YOU AND KEEP NOTE OF YOU EVERYDAY
After my youth service, I joined the Law ofiice of Tunji Arosanyin & Co Ilorin in 1979. There was the general election to the office of the Governor of Kwara State and the Legislature. My boss was a big man in National Party of Nigeria (NPN) and so the office was involved in election petitions at the Tribunal, I was exposed to Senior Legal Practitioners like Chief Remi Fani Kayode SAN, Chief Sobo Sowemi SAN, Chief Richard Akinjide SAN and I as one of the junior Counsel for Alhaji Adamu Attah, the NPN Governor-elect. I was charged with daily recording of proceedings, research and drafts of most of the submissions. It was my first challenge and exposure to private practice under a Senior Counsel. Let me reiterate that the heights that these great men of the law reached and kept was not accidental or achieved by sudden flight but through years of hardwork.
They commended my good conduct throughout the hearing at the Tribunal presided over by Honourable Justice Ovie Whiskey who was then the CJ of Bendel State. I learnt so much from these Seniors but I must say it was without pay. (laugh)
I will always remember how they encouraged me and fired me to face my adversary with courage. They were giants at the Bar who had made notable names as we read in Law Reports and famous for political offices they once occupied.
RELATIONSHIP WITH COURTS/COLLEAGUES
I ask you to show utmost respect to the Court-Judge in session. Do not wear wrong uniforms otherwise the Court may not see you.
Do not patronize the Judge, be polite and courteous. Be alert to take hints, from the Bench which most times are helpful.
Don’t attempt any act of familiarity or show that you know the Judge, even if you do. Avoid argumentative traits which may show you as arrogant or disrespectful. They have the law in their bosom from where the Bar draws from.
Do not dress or undress in the face of the Court, it is disrespectful or contempt in the face of the Court. I see this very often in our Courts unfortunately even by Senior lawyers removing their wigs and gown in the open court room.
Avoid harsh and impolite language against the judge or your colleagues whether orally or in writing. As a junior, I was a “radical” but as I grew older at the Bar, I realized that Judges discuss the behavior of Counsel who appeared before them and compare notes. You may be marked down and lose help when you need their discretion.
Do not quarrel with colleagues because of any client. Clients come and go. Your “Learned Friends” are your “best friends”. If anyone insults you, ignore it and don’t be distracted. Annoyance or anger will rob you of success and losing cases drives away potential clients.
Do not share your fees with anybody. If you are lucky to have cases that ought to feature as headlines in the media but did not, for any reason, don’t worry yourself time will soon come when the media gentlemen will look for you.
Avoid undue emotional involvement or entanglement with any client concerning money. In divorce matters, avoid intimacy, particularly, with the women, otherwise your fees may not be paid or your marriage may be affected. It has happened before and may happen to you. Avoid fleshy lust and be professional in dealing with your clients and adversaries.

KEEP USEFUL AND TRUTHFUL FRIENDS; RECOGNIZE TALENTS OF JUNIORS AND REWARD THEM
I have always believed that a good professional friend is an asset. Cultivate the friendship of lawyers whether older than you, your age or junior to you. Chief Charles Akinlolu Olujimi SAN was my confidant and friend from Ife. He met me at Ilorin in 1979 when he came to serve as a Youth Corper. We lived together in a flat.
He was and still till today a man who value and respects his friends, extremely matured but can be too blunt in fact. He and I cultivated the habit of reading at least one judgment per day and update our practice notes; learn from us. We went through All Nigerian Law Reports, West African Court of Appeal Reports, All England Law Report and Nigerian Monthly Law Report and took notes of all decisions. We still continue our reading habit till date. I was lucky that Chief Wole Olanipekun, SAN my senior, and I related as brothers and friends. He is a man of excellent character, meticulous and a bold advocate.
In 1983, Mallam Yusuf Ali (now SAN) joined my chambers as a youth Corper and remained with me for about 11 years before he opened his own law office. He became SAN a few years after. He was very loyal and committed to maintaining the Code of ethical Conduct of Awomolo & Co. We NEVER bribed any Judge and I did not receive any complaint about him even when I went to Osun State to be the Attorney General and Commissioner for Justice. He was responsible, disciplined and accountable. He is my pride at the inner Bar. Indeed all my juniors, learnt something from me, I can say today some of them are SANs and Judges of Superior Courts.

IMBIBE THE CULTURE OF INTEGRITY AND HONOUR
Clients must trust you and the trust is earned. Your integrity will and should be your selling point. The attitude of clients to appeal in Kwara State then, was to leave all lost cases to God. Counsel compiled records and transmitted same to the Court of Appeal, Kaduna. Wole Olanipekun SAN and few of us like Bayo Ojo SAN, Lawal Rabana SAN, Yusuf Ali SAN, Bayo Adelodun SAN and few others used to drive together from Ilorin to Kaduna for appeals until the Ilorin division of the Court was created. We related as friends even when we had to oppose one another in Court. We ate and drank together as friends.

We accorded highest respect to seniors like Chief D.A. Akintoye, J.O.A. Ijaodola, Chief Tunji Arosanyin, Mr. Faloranmi, J.A. Alhaji Aliu Salmana SAN, Alhaji A.G.F. Abdulrazaq SAN, Mr. David Folusho Babalola (later Hon. Justice). All these were role models that impressed us. It was a great opportunity to cross swords with them in courts. They were always available to help provided the case was not one in which they were interested.

Most of the cases we had were land disputes or chieftaincy cases and most clients found it convenient to pay counsel with land or crops like yam, corn, palm oil etc. I learnt never to turn a client away because he could not pay my fees. You must take the brief first, put in your very best and that will encourage the client to pay his fees as you record successes or refer to you those who can pay. In fact, we were more concerned with cases to engage us or keep us busy. Idleness and lack of work to do is like dying slowly after reading and reading with nowhere to apply it.

BE A MAN OF YOUR OWN MIND
In choosing a path or career in the legal profession, you must know yourself, your capacity and follow a career path that you can optimally utilize to achieve your potentials. You have great potentials and the capacity to beat my record of being elevated to the rank of SAN at 14 years at the Bar. Few younger colleagues have beaten my record though. I assured myself that I needed the covering of a Senior after the NYSC. I am one of those who subscribe to the idea of 5 years tutelage after the call to Bar. It is dangerous and unhelpful to open a law office directly after being called to the Bar. You need the guide of a Senior Lawyer. You need the clout and exposure under a Senior for you to succeed.

WHATEVER YOU SO SOW YOU WILL REAP
In 1992 January Chief Wole Olanipekun SAN was appointed the Attorney General of Ondo State and myself as Attorney General of Osun State. On 7th July 1992 when I was about 14 years at the Bar, I was elevated, preferred and decorated with the rank of Senior of Advocate of Nigeria on 20/07/1992. I did not know any member of the LPPC. I did not even know the date of the meeting but I was told that because I was just 14 at the Bar, I would have had to wait for the following year. I later heard that some members of the Committee pleaded for me. Therefore, be good to all who come across you in practice. It is uncharitable for anyone to plant into your head that you need several millions of Naira to bribe anyone to become a Senior Advocate of Nigeria. It is all lies. I will forever be grateful to Aare Afe Babalola SAN, Hon Justice Kabiri Whyte JSC, Hon. Justice Saidu Kawu JSC, Hon Justice T.A Oyeyepo CJ Kwara State then and Hon Justice Akin Apara the CJ of Osun State then for their contributions to the elevation.

NIGERIAN BAR ASSOCIATION:
AS A LAWYER YOU MUST SUPPORT THE NIGERIAN BAR ASSOCIATION
When I got to Kwara State in 1978, the Bar Association was synonymous with a Senior who had been Chairman for over 10 years. Wole Olanipekun, Bayo Ojo, myself and few other “young radicals” of like minds forced the holding of the Ilorin branch election and we elected young lawyers as Chairman and Exco members. In subsequent elections, we repeated election of young Lawyers as Chairmen and this boosted the public image of the Bar Association. We conducted Law Week Programmes, Seminars and Public Lectures. In 1990 I was elected the Chairman of the branch with a narrow margin of one vote to defeat my opponent.
Since 1987 I have been attending the meetings of the National Executive Committee of the NBA. The membership of the NEC exposed me to active leaders of the Association across Nigeria. I became very familiar with Presidents and big names at the Bar like Chief B.O. Benson SAN, Charles Idehen, Chief R.O.A. Akinjide SAN, Prince Bola Ajibola SAN, Chief Dr. Mudiaga Oje SAN, Mr. Alao Aka Bashorun, Dr. Nwakama Okoro SAN, Chief N.N Anah SAN, Chief Olisa Chukwura SAN, Chief A.N Anyemene SAN, Alhaji Abdullahi Ibrahim SAN, Chief Philips Umeadi SAN, L. Ladapo SAN, Sir Clement Akpambo SAN, Chief Debo Akande SAN, Chief Anthony Mogboh SAN, Chief A.A Fadairo SAN, Kehinde and Idowu Sofola SAN, Mrs Aderinsola Balogun, Kanmi Ishola Oshobu, Otunba Ajayi Okunnaga SAN, Alfro Fayoku, Mr. J. B Magiyagbe SAN of Kano, Alhaji Ali Kaloma, Alhaji Bashir Dalhatu, Galadima Adamawa, Murtala Aminu, Sir Alfred Eghobamien SAN, Chief Bankole Oki SAN, Chief (Mrs) Priscilla Kuye, Chief T.O.S Benson SAN, Gally Brown Peterside SAN, G.A Graham-Douglas SAN, O.C.J. Okocha SAN, Olisa Agbakoba SAN and many others. Knowing and relating with these respectable members of the Bar helped in building recognition and contacts. You need to know and relate with respectable seniors at the Bar.

MY ROLE MODEL
YOU MUST CHOSE A ROLE MODEL
The wise man says humility comes before honour and only the humble will inherit the world. Learning the law, Practicing the law with integrity and Honour are the best any lawyer must aspire to be. However, your first 5 years of legal practice would determine how far “a green wig” can go. You must choose a role model, a mentor and a respected leader in the profession from whom you will gain inspiration as they will sometimes be available to encourage you at downtimes. There are senior Lawyers who are perceived to be involved in the “infamous conduct” of compromising the Bench, they are known by the juniors. There are some that juniors see as “Janakara Practitioners”. You must avoid them in choosing your role model or mentor. Avoid any confrontation with any senior.

I was lucky to have the privilege of Aare Afe Babalola SAN as my father in the Legal Profession. He was available to give me a shoulder to rest on. He gave me every chance and opportunity to grow in the knowledge of the law. He was a workaholic and dogged advocate. He taught me to be “charitable and kind to everyone around me, be generous and be a giver, a giver never lacks, as you give so you will receive”. So he taught me. I am grateful, Oga. A junior must not expect a rosy beginning. You must trust that tomorrow, notwithstanding what today may appear to be, will be better.
Juniors worry much that they, like Seniors do not enjoy patronage. Everything takes time. You can without offending the Legal Practitioners Act, market yourself in this modern day of social media blow your trumpet. Market yourself by writing articles in legal journals and other media. Chief Tunji Arosanyin gave me the platform and opportunity and I will forever remember because he gave me his office to practice, manage and to cut my legal teeth from 1979-1983.

LIFE AS CHAIRMAN OF COMMITTEE OF CHAIRMEN AND SECRETARIES
In 1992, the Nigerian Bar Association at its annual conference held in Port-Harcourt was unable to conclude its election of officers. This was followed by various court orders and counter orders obtained by aggrieved members. The falcon did not hear falconers and all the efforts of the seniors at the Bar failed in resolving the “impasse”. The Federal Military Government under General Sanni Abacha, intervened at the instance of the Body of Benchers with a Decree that dissolved the NBA and gave the Body of Benchers powers to appoint administrators for the NBA.
The NBA members all over the country did not agree to the Decree and at a joint meeting of Ikeja/Yola branches held in Lagos in 1996 to fashion the way forward, the Chairman of Ikeja branch Mr. Ogunniyi nominated me and I was appointed the Chairman of all the 44 branches Chairmen and Secretaries. In that capacity, I travelled across the country and held meetings in almost all the branches between 1996-1998. We thereafter organized the Jos Conference. At the Jos plenary conference, we amended the Constitution of the NBA and limited officers tenure to 2 years only. The members of Sub-Committee, as evidence of our integrity disqualified ourselves from contesting any office. We conducted the election to the office of President and other officers of the NBA. Mr. T.J.O. Okpoko, SAN from Warri branch was elected the new President of the NBA in 1998.

Today I feel happy that the Nigerian Bar Association still exists in Nigeria. There is no need to quarrel or “fight to finish” on NBA elections to serve. In our days, we paid for our transport and received no remuneration for being officers of the NBA. As a legal practitioner, you must be committed to the ideals of the NBA. You must be ready to serve in whatever position you are considered suitable. It does not matter whether you are appreciated or not. Never expect any reward or commendation from anyone.

BEING HUSBAND AND SENIOR OF A LAWYER
It is a divine design of God that my wife became a lawyer. Before she became a lawyer, she annually accompanied me to all Lawyers’ conferences in several locations in Nigeria. She also went with me to all International Bar conferences as our annual vacation. She was a graduate of Chemistry which she taught for about 10 years. She knew all the big names I related with in the legal profession. Perhaps, the exposure to the good life at the Bar was part of the attraction that made her to become a lawyer. In 2013, she became a Senior Advocate of Nigeria. She was my biggest critic and restraint against youthful “shenanigans” at conferences, because she was my “conference material” But suffice it to say that she was and still is a great asset in research and financial discipline. She is my only junior that cannot resign or set up her own law office. Since she knows how hard it is to get money she also checks the reckless spending and “unnecessary or unworthy charities” God was at the beginning. He saw me through all the stages, because he designed it and I am very hopeful he will see me to the end to truly end well. I give Him glory.

Thank you again for the honour to be here to share my professional life with you and I hope you have all learnt one thing or another.
God bless you all.

Asiwaju Adegboyega Awomolo, SAN, FNCIArb, FNIALS, Life Bencher.

Culled from The loyal Nigeria lawyer.

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Law

Photo Speaks: Kate Onyinye Omenugha led South East LAWSAN organized its maiden and historic convention tagged “The Invigoration”.

The Law Students’ Association of Nigeria (LAWSAN) South East Directorate of policies, programs, and projects organized its maiden convention of Law students in the zone tagged “The Invigoration”.

The convention which turned out to be the biggest gathering of law students in the southeast zone was held from 29th of July 2021 to 1st of August 2021.

*Day 1: Arrival & Meet/Greet Session *

The arrival of delegates was scheduled for 29th July 2021. On that day, delegates from the various faculties of law across the South East zone converged at the venue of the convention, Golden Tulip Hotel, Agulu in Anambra State.

The delegates received a warm welcome from the officials of the Southeast directorate and registration of the delegates commenced by 1 pm. Delegates were checked into their rooms after the registration process and given a rundown of the activities expected to take place and also a set of rules to abide by during their stay at the convention.

MEET AND GREET
After a successful registration of delegates for the convention, the first program was the meet and greet session for delegates to get acquainted with one another. It was a huge success as the program featured a welcome address by the Zonal Director Onyinye K. Omenugha, AICMC, games, food, music, and fun.
After that, the delegates returned to their various rooms to rest and prepare for the next day.

Day 2: CONFERENCE AND BBQ FESTIVAL

On the 30th day of July 2021, the conference and panel discussion was held at the Golden Tulip Hotel banquet hall. The event had over 8 guest speakers and panelists in attendance to discuss the topic Restoring and building the dignity of the legal profession.
Students were engaged in the best ways to restore the dignity of the legal profession.
During the conference, the first magazine publication of the South East Directorate titled “The Invigoration” magazine was launched. It features articles written by various students of law from different faculties of law in the zone on diverse issues of law. It also features programs that have been organized by the directorate and a special interview with a double first-class holder from the zone Ebube Akpamkpo.

Later that day, the BBQ festival was set up by the poolside of the hotel. This event featured a Food competition, swimming, dance, music, board games, face painting, live performance to thrill the delegates.

Day 3: Sports Day and Grand Dinner

On the 31st of July 2021, delegates were engaged in exercise and sporting activities. The delegates were led by fitness instructor Bisi-Aretola Daniel together with the zonal director Onyinye K. Omenugha AICMC.

There were marathon, relay, and short distance race competitions organized to keep the delegates engaged.

The Grand finale of the convention was the Grand Dinner and award night.
The dinner had the National Vice President Eluma Harriet, the National Director of Policies, Programs and Projects Obinna Udochukwu, the LAWSAN Chief Judge Munir Ishaq Shu’aibu, the LAWSAN Senate President, Sen Emmanuel Williams, and a host of other LAWSAN national leaders in attendance.


The dinner was also graced by the SA to the Anambra state Governor on Legal matters, Mrs. Patricia Igwebike Esq where she delivered a speech on the process of having a successful career in the legal profession.
Later on, awards were presented to deserving winners with the highlight of the occasion being the presentation of the Iconic Leadership award presented to the Zonal Director Onyinye K. Omenugha AICMC by her executives and planning committee members for her overwhelming leadership quality and guidance.

*Day 4: Departure *
On the 1st of August,2021, the delegates that came for the LAWSAN Southeast Zonal convention all safely departed to their various destinations.

It was indeed a beautiful and top-notch convention as all expectations were reached and surpassed by the shining directorate.

SEZC2021

Categories
Law

A COMMENTARY ON THE CONSEQUENCE OF THE SUPREME COURT DECISION IN JEGEDE V AKEREDOLU VIS-A-VIS MATTERS ARISING.By Mustapha Babalola Toheeb.

A COMMENTARY ON THE CONSEQUENCE OF THE SUPREME COURT DECISION IN JEGEDE V AKEREDOLU VIS-A-VIS MATTERS ARISING.
By Mustapha Babalola Toheeb.
Recently, the Supreme Court pronounced a judgement in favour of Governor Rotimi Akeredolu in respect of his re-election as governor of Ondo State, which was received with great joy and happiness especially amongst the faithfuls of the rulling party as the apex court decision was a split judgment of four to three. It was just the decision of one Justice that would have turned the tide against him, but he was “lucky” to have escaped the hammer. The Supreme Court, in a split decision of four to three had dismissed the appeal filed by the governorship candidate of the Peoples Democratic Party (PDP), Eyitayo Jegede against the election of Governor Rotimi Akeredolu in the Ondo State governorship election.

Due to the fact it was a judgment that involved a Constitutional issue, a panel of seven Justices of the Supreme Court sat over the appeal as against the usual five Justices. While four out of the seven-member panel of justices of the apex court dismissed the appeal, three of the Justices, including the presiding justice, Mary Peter-Odili were of the view that the appeal should be allowed.

In its split judgment of four against three by the seven member-panel, which sat on the Ondo governorship election petition, the Supreme Court had contended that the reason it did not sack Governor Rotimi Akeredolu of the state, was because the Peoples Democratic Party (PDP) and its governorship candidate in the October 10, 2020 election, Eyitayo Jegede, failed to join the National Chairman of the party’s Caretaker Committee and Governor of Yobe State, Mai Mala Buni, even when the issues revolved around him.
As expected, the judgement has attracted a lot of reactions and analyses from legal experts, as there seems to be divided views as regards the position of law on whether Mai Mala Buni, the Governor of Yobe State and the current National Chairman of the Caretaker Committee, APC is allowed to be at the helm of affairs of the Caretaker Committee considering the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides as follows:
“the governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.”
However, Article 17 (iv) of the APC constitution is clear and states that no official of the party shall at same time hold any executive position in any government institution.

Now, the above submissions particularly the laws and recent rulling of the Supreme Court has attracted two interpretations or views from legal experts across the country. The first view which was initially voiced by the Minister of State for Labour, Festus Keyamo (SAN), he was of the view that the recent rulling of the Supreme Court in the Jegede v Akeredolu case particularly taking into consideration the provisions of Section 183 of the Constitution is to the effect that Governor Buni cannot hold any other position including the position of the National Chairman of APC Caretaker Committee and that the Supreme Court has just weaponised all those that would be aggrieved by the APC Congresses to proceed to court to Challenge the competence of the Buni-led CECPC to organise the Congresses and National Convention. He further advised the APC to halt all preparations and conduct of congresses nationwide forthwith, having analysed the implications of the judgment.

Apart from Keyamo, Chief Anthony Ajulo SAN, a constitutional lawyer has maintained the same position and according to him,the Nigerian constitution does not permit the same person to hold two executive positions, therefore, he called for the immediate resignation of Buni as the Acting National Chairman of the ruling party.
Chief Ajulo then added, “It is therefore incontrovertible that the continuous stay of the Governor as Chief Executive Officer of the All Progressives Congress runs contrary to the provision of the Constitution and as such may be an albatross on the party, as all he had done before would be null and void, including the nomination of candidates within the period of his so-called Leadership of the party.”

According to the Special Adviser to the President on Political Matters, Senator Babafemi Ojudu and Senior Special Assistant to the President on Niger Delta Affairs, Senator Ita Enang have also maintained the same position with the above submissions of the learned silks and also joined the call for the Buni committee to be disbanded.

On a final note, Akintayo Balogun, a private legal practitioner has also aligned himself with the first view and also opined that if Buni had been joined as a party in the Jegede v Akeredolu suit, the judgement would have been in favour of Eyitayo Jegede, SAN and PDP, except if the Justices again find another escape route for the Respondents. It would have been another judgment from the Supreme Court and not majority of the electorate.
Furthermore, he was of the view that every activity(s), duty(s), task(s) and responsibility(s) of the Caretaker (interim) Chairman from inception of his duty as caretaker, to the day he hands over to a substantive chairman or to another caretaker chairman, is rendered a nullity and of no effect once “properly” challenged.

The other view which was led by Chief Adeniyi Akintola SAN, one of Akeredolu’s counsels during the election petition was of the opinion that by the pronouncements of the Election Petition Tribunal and the Court of Appeal which was affirmed by the apex court, Governor Buni could combine both party and elective positions and that the minority judgement stating that Buni can’t hold the two positions has no value.
He went on to assert that the provisions of Section183 of the constitution, according to the justices wasn’t violated by Buni. That was the reasoning of the tribunal.The Court of Appeal even affirmed the election petition stance that Section 183 wasn’t breached.

The Learned Silk is not the only one on this path as the Deputy Senate President, Ovie Omo Agege also aligned himself with the second view and furthermore opined that going by the explicit provision of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), it is absolutely impossible and untenable to argue that the provisions of Section 183 bars a Governor from being a Chairman or member of a Caretaker Committee set up by his or her political party. Moreso, the position of the Chairman of a Caretaker Committee cannot by any sense of imagination, logic or simple common sense be classified as being a salaried Executive office.

He added that there is no law under our legal jurisprudence that bars or prohibits a Governor who is a member of a political party and won elections under the political party from carrying out specific assignments on behalf of his party. How this will amount to holding an Executive office is beyond every stretch of human comprehension.

On a final note, he opined that Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) only bars a Governor from holding Executive positions like being a Minister, or any other executive positions for which he shall be paid for. It does not by any scintilla of imagination, render the appointment of Governor Bumi as APC Caretaker Committee Chairman incompetent and will not in any way, affect the legality or competence of the APC scheduled Congresses.

Going by the analyses from both sides, it is imperative that the rulling party need to get it right this time particularly on how to solve this legal conundrum as any wrong decision on the part of the party might threaten the existence of the party. Subsequent court pronouncements and time will tell whether an attempt to continue with Governor Buni on the part of the rulling party would not jeopardize their future or lead to a misfortune which might be worse than what happened to the party in Zamfara few years ago but before then God bless Nigeria.

ABOUT THE AUTHOR:
Mustapha Babalola Toheeb is a Pupil of Law, a content creator, a blogger & a student of Faculty of Law, Bayero University, Kano. He is the Founder of Lex Updates Publications, and the Zonal Director, Directorate of Programs, Policies and Projects, North West Zone, Law Students Association of Nigeria.
He is interested in advocacy, academic writing, legal writing/history, activism and a plethora of positivism. To reach him,email:toheebmustapha15@gmail.com or contact/whatsapp:08106244073.

REFERENCES.

  1. APC IN JEOPARDY OVER BUNI’S CONTINUED STAY
    THE IMPLICATION OF THE SUPREME COURT JUDGMENT TODAY IN JEGEDE VS AKEREDOLU AS IT AFFECTS THE APC IS THAT THE PARTY MUST HALT ALL PREPARATIONS AND CONDUCT OF CONGRESSES NATIONWIDE FORTHWITH
    AS NATIONAL CHAIR BY THISDAY NEWSPAPER.
  2. GOVERNOR MAI MALA BUNI AS APC INTERIM CHAIRMAN, A NULLITY ABI INITIO BY AKINTAYO BALOGUN ESQ.
  3. WHY MAI BALA BUNI SHOULD STEP DOWN NOW BY ANTHONY AJULO SAN.
  4. THE IMPLICATION OF THE SUPREME COURT JUDGMENT TODAY IN JEGEDE VS AKEREDOLU AS IT AFFECTS THE APC BY FESTUS KEYAMO SAN.
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Law

Chambers in Faculty of Law, BUK conduct congresses as Akanbi Yusuf, Lawal Habib, Hauwa Ahmad, Kamaldeen Muhammad emerges as new Chamber Heads.

Chambers conduct congresses as Akanbi Yusuf, Lawal Habib, Hauwa Ahmad, Kamaldeen Muhammad emerges as new Chamber Heads.

In the past few weeks, the faculty experienced a change in leadership across all the chambers and associations, the first was the Al Maslaha Chambers where Habib Lawal Olayinka was appointed as the new Mufti of Al Maslaha Chambers taking over from Mallam Maihakuri, the former head of the chambers.

Equity Chambers also elected its new exceutives which saw Yusuf Akanbi emerge as the Principal Partner taking over from AbdulBasit Shuaib, the former head of the chambers.

Liberty chambers also held its congress which led to the dissolution of the 2019/2020/2021 excos and the election of the new executives which saw Hauwa Ahmad Muhammad as the new Executive Director of the chambers.

Solace Chambers also held its congress which led to the dissolution of the 2019/2020/2021 excos and the election of the new executives which saw Kamaldeen Muhammad as the new Attorney General of the chambers.

The Law Clinic also experienced a change of leadership as Yusuf Emiola emerged as the Director General, Law Clinic succeeding the indefatigable Sulaiman Abdullahi.

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Events that took place in Faculty of Law during the soon to be concluded second semester.

Events that took place in Faculty of Law during the soon to be concluded second semester.

In recent weeks, the faculty of law has witnessed a lot of colourful and exciting events starting from the leadership conference organized by Solace Chambers under the administration of the past Attorney General of Solace Chambers in person of Nizam Baba. The conference was graced by many distinguished personalities who delivered powerful speech on leadership skills, maintaining academic excellence amongst others. The program was also graced by the National President of Law Students Association of Nigeria, Dr. Blessing Agbomhere who visited the faculty in order to hold a stakeholders meeting with the stakeholders in the faculty.
On the same day, the Tax Club of Bayero University kano organized a lecture which was graced by many notable personalities, tax enthusiasts and students across the university.


Moving on, the faculty of law hosted a moot court battle between Equity Chambers, Ahmadu Bello University Zaria and Equity Chambers, Bayero Univeristy Kano. The host of the program was Abdul Basit Shuaib popularly known as Bashlaw and the proceeedings was presided over by the Chief Justice of LAWSAN, Lord Justice Munir Ishaq alongside the Chief Justice of BUK Union Court, Salihu Saidu and Justice Sofiyullahi Balogun,the Clinic Head, ABU Law Clinic.


The Bayero University, Kano was represented by Muhamad Sadiq Yasir Abubakar, Mustapha Babalola Toheeb and Amina Faruk and ABU was represented by Ibrahim Fatika, Musa Zubair and Qoyum Biodun.
Both teams performed excellently as the proceedings was interesting and educative, in the end the ABU team emerged the winner after a keenly contested moot proceedings.
Furthermore, the Law Clinic organized a public lecture on the new ACJL of Kano state which was graced by various notable personalities including Saeed Suraj SAN, the Chairman, NBA Kano amongst others.
The lecture which was organized under the mantle of Sulaiman Abdullahi was regarded as one of the best public lecture ever organized in the faculty.
Recently, the International Law & Jurisprudence, BUK Department organized a sendforth programme for Dr. Saffiyya Ahmad Nuhu who was just appointed as Nigeria’s Ambassador to Romania. The event was graced by all the lecturers including the Dean and various professors, during the event, the Ambassador was praised for her impeccable work ethic and good nature. The faculty wished her best of luck in her future endeavours.

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    Law

    BUK TAX CLUB HOLDS GROUNDBREAKING INAUGRAL LECTURE.

    The Tax day was organized by the department of private and commercial law together with the tax club Bayero University Kano. The event was organized to groom a generation of tax experts among the future legal practitioners, accountants, economics and business students.

    During the event, there was the launching of Tax Club, Bayero University Kano, a professional students platform under which all tax and revenue related activities will be taking place. Among the guest speakers are Prof. Emmanuel Oyedokun who spoke on Young Lawyers/Youths and Career in Taxation.


    Prof Emmanuel Oyedokun, holds three Phds, He is also a chartered accountant and taxation expert and also a member of the governing council of the CITN, he teaches in the Lead City University, Babcock, McPherson and coal city university.


    Dr. Ahmad Aliyu Saka, Esq. a lecturer with University of Abuja, member chartered institute of taxation of Nigeria, chartered institute of Loan and risk management among others, he is the secretary of the Tax appeal tribunal, Abuja. Dr. Saka spoke on the
    Dispute Resolution of Tax Matters in Nigeria: The Place of Young Lawyers. Among the guests, are; the chairman Federal inland revenue service, Kano, Chairman Kano state internal revenue service, Director of legal services federal inland revenue service, Kano, Kano district chairman of CITN, A representative of the ministry of finance Kano state, Prof. Muhammad of the department of accounting Bayero University, Kano, The dean of law represented by the deputy dean of law Dr. Nuhu Musa Idris.

    The programme which was graced by many dignitaries was held in Faculty of Law, BUK.

    Speaking about the tax club, Prof. Oyedekun as well as Kano CITN District chairman said that Tax club Bayero University,Kano is the third club, and first of its kind in the whole northern Nigeria apart from the one of Unilorin and they promise to work with the Tax club bayero university, Kano.
    While making his remark, The President, Tax Club Bayero University Kano, Muhammad Abubakar Kumo assures all the club members as well as the stakeholders that the club will work hard and promised to live up to their expectation, he thanked all the stakeholders that graced the event and well as Prof. AB Ahmad whose idea gave birth to both the programme and the Club.

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    Student Union,Bar BUK releases application procedure for the rank of Senior Advocate of Bayero University Kano.

    STUDENTS’ UNION BAR ASSOCIATION, BAYERO UNIVERSITY, KANO.

    OFFICIAL ANNOUNCEMENT

    This is to inform all eligible and interested student legal practitioners in the Bayero University Kano campus that the application for the rank of Senior Advocate of Bayero University Kano (SABUK) is now ongoing.

    Procedure for the application:

    a) Applicants are to purchase the application form at the rate of 1000 Naira payable to the secretary or president of the association;

    b) The form is to be completed and submitted to the secretary or the president of the association on or before Thursday, 27th May, 2021.

    Please, be informed, application closes exactly at 5:00 PM on Thursday, 27th May, 2021 .

    For the form or inquiries, reach:

    Yusuf Olalekan Emiola: 08171997051

    Or

    Ibrahim D. Bulama:
    08169225223

    Signed:
    Ibrahim D Bulama
    Secretary

    For:
    Yusuf Olalekan Emiola
    President

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    LAWSAN President visits Faculty of Law, Bayero University Kano.

    NORTH WEST ZONAL DIRECTORATE OF PROGRAMS, POLICIES AND PROJECTS.
    LAW STUDENTS ASSOCIATION OF NIGERIA

    The LAWSAN President, Dr. Blessing Agbomhere paid a visit to Faculty of Law, Bayero University Kano, where he had a roundtable meeting with stakeholders at Faculty of Law, BUK.

    During the meeting, crucial issues including the need to participate in LAWSAN activities, the need to pay the LAWSAN Identification Number expenses amongst other crucial issues were discussed.

    After the stakeholders meeting, the President, accompanied by the Chief Justice of National LAWSAN, Hon. Justice Munir Shuaibu Ishaq, COL, proceeded to a leadership training conference which was hosted by Solace Chambers, BUK Law, where he addressed students across the university on leadership skills.

    The LAWSAN BUK Leadership led by Sen. Sunusi Abubakar expressed their happiness and stated that the visit is a privilege which was really appreciated.

    The Directorate wishes to thank His Excellency, Dr. Blessing Agbomhere for taking such brave steps which was aimed at improving the standard of LAWSAN not just in Kano State but also in LAWSAN generally.

    The Directorate wishes His Excellency, a safe journey back to his base and wishes him best of luck in his future endeavors.

    God Bless North West Zone!
    God Bless LAWSAN!
    God Bless Federal Republic of Nigeria!

    Signed:
    Mustapha Babalola Toheeb

    Zonal Director, North West Zonal Directorate of Programs, Policies and Projects, LAWSAN.

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    JUST IN: YUSUF EMIOLA EMERGES AS PRESIDENT, STUDENTS UNION BAR,BUK.

    Yusuf Emiola emerges as the new President, Students Union Bar, BUK.

    The irrepressible and seasoned student legal practitioner, Yusuf Olalekan Emiola before his appointment has been in active practice for close to five years and has been involved in notable cases like the election petition case involving Sir Kuli Kuli, Captain Idris Ahmed Vs. Speaker, Students Representative Assembly& 1 ors (2018), where he got a judgement in favour of the Welfare Director of the Students Union Government 2017/2018 who was arbitrarily removed from office by the defendant.

    In addition, he handled the case of Yusuf Emiola VS. Welfare Director, Students Union, BUK. (2017).

    Apart from his court room exploits,he has been a major contributor to the development of the BUK Law Clinic over the years particularly during the STUNT project and other projects which he participated in.

    Not resting on his laurels, he is a recipient of many awards such as Legal Icon of the year in 2018 and in 2019, he emerged winner STUNT Project, sponsored by Youth Alive Foundation with support from Ford Foundation.

    It’s obvious that this appointment is well deserved as Mr Emiola has contributed immensely to the development of the BUK Bar.

    Congratulations sir!

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    Formation and registration of statutory marriage; who has the power between Ministry of interior and local government? By Toheerat Kemi Adegbiji

    Formation and registration of statutory marriage; who has the power between Ministry of interior and local government?


    Registration of Marriage is one of the requisites that evidenced the conduction of a valid Statutory Marriage under Section 30 and 32 of the Marriage Act, before such can be registered, validly tendered and admissible in a court of competent jurisdiction ; it has to be registered and issued by an appropriate authority. What constitutes this appropriate authority has been subjected to controversies among the people on who should issue the Marriage certificates, even though, same has been given judicial notice by Federal high court. Opening to the discourse as to whether it is the Ministry of interior or the Local government council under the provisions of Marriage Act as well as the Constitution of Federal Republic of Nigeria 1999 as amended.
    The bone of contention of this assignment therefore, is to examine whether or not there is a conflict in the provision of Marriage Act on the registration and issuance of marriage certificate. In order to determine whether there is a conflict in the said provision however,it is pertinent to look at the power conferred on both the Ministry of interior as federal government agency and Local Government council under item 61, exclusive legislative list; second Schedule of the 1999 Constitution and item 1(i) of fourth Schedule to the Nigerian 1999 constitution as amended to register all birth, death and Marriages respectively as well as to make submission as to the validity of marriages registered by the ministry of interior and that of local government council in exercising their constitutional powers.
    REGISTRATION AND ISSUANCE OF MARRIAGE CERTIFICATE BY MINISTRY OF INTERIORS ; WHETHER OR NOT THERE IS A CONFLICT WITH THE PROVISION OF MARRIAGE ACT.
    It’s not of dispute that while the issues relating to statutory Marriages are within the exclusive legislative list under item 61, second Schedule to the 1999 Constitution ; the constitution has also conferred power on the Local government council under item 1(i) of fourth Schedule to the Nigerian 1999 constitution as amended to register all birth,death and Marriages. Also, the procedure to be taken in the registration of Statutory marriages has been provided for under section 30 (1) of the marriage Act which reads thus: ” Every registrar shall forthwith register in a book to be kept in his office for such purpose and to be called the Marriage Register Book, every certificate of the marriage which shall be filed in his office according to the Form F in the First Schedule; and every such entry shall be made in order of the date from the beginning to the end of the book, and every entry so made shall be dated on it is so entered, and shall be signed by the registrar,and such book shall be indexed in such manner as it is best suited for easy reference thereto.”
    Thus, the question of who can validly register statutory marriage between the ministry of interior and the Local government council is not clearly provided for under the Marriage Act as the Act under section 30 (1) only use the word “Registrar” whose office is directed by the minister under section 5 of the Marriage Act. Nonetheless, the Nigeria 1999 Constitution has clearly shown the power of the federal government in the exclusive legislative lists under item 61 to the second Schedule which provides : ” The formation ,annulment and dissolution of marriages other than marriages under Islamic Law and Customary Law including matrimonial causes relating thereto.” And that of the local government under item 1(i)which provides : ” Registration of all births, deaths and Marriages”.
    These controversies as to who can validly register Statutory marriages has now been given judicial notice by the Federal high court in the unreported case of HAASTRUP & ANOR v. ETI OSA LOCAL GOVERNMENT & 2 ORS (FHC/L/870/2002), where it was posited that those who can validly contract or celebrate marriages include the Ministry of Interior. However, with respect to registration of marriages, it is within the exclusive authority of the Registrar in the marriage district (Local Government) in accordance with the provisions of section 30(1) of the Marriage Act, section 7(5) Constitution of the Federal Republic of Nigeria 1999 and Paragraph 1(i) Fourth Schedule to the constitution.
    Also, this decision has been upheld by the court in an unreported case of EGOR LOCAL GOVERNMENT, EDO STATE & ORS Vs. HON MINISTER OF INTERIOR & ORS (FHC/L/ CS/1760/16) in this case ; the suit was filed by some local government councils in Nigeria, challenging the power of the Federal Ministry of Interior to operate marriage registries.The councils are Egor Local Government (Edo), Eti-Osa Local Government (Lagos), Owerri Municipal Local Government (Imo) and Port Harcourt City Local Government Area (Rivers).The respondents in the suit are the Federal Ministry of Interior and the Attorney-General of the Federation.The issue for determination in the case was whether it is only local government authorities that can contract and register Marriages to the exclusion of such other authorities designated by the Ministry of Interior. Consequently, the Court merely upheld and re-affirmed the position in the Haastrup’s case, that the Ministry of Interior can validly conduct marriages but reserved the power for registration of marriages exclusively in the Local Government.
    At this juncture, it is important to distinguished between Conduction of Marriages as well as Registration of Marriages. While the former deals with the process of forming a valid marriage contract which can be perfected by any licensed authorities, the latter comes after the marriage contract to evidenced that, marriage has been conducted between the patties which has a greater legal consequences where the due process is not followed.
    Moreover, The recent move made by the ministry of interior to create marriage registries to conduct and issue marriage certificate in 11 states of the federation, these states includes : Ikoyi , Lagos State ; Abuja , Federal Capital Territory ; Benin , Edo State ; Owerri , Imo State ; Port Harcourt , Rivers State ; Kano , Kano State ; Jos, Plateau State , Enugu, Enugu; Kaduna, Kaduna; Ibadan , Oyo State ; and Makurdi , Benue State claiming that the formation of statutory marriages is within the exclusive legislative list and that it was the regulatory body for the conduct of statutory marriages and the issuance of marriage certificates. The Local government on the other hand sees this development as an infringement to their constitutional power and Function under 1(i) to the fourth Schedule to the 1999 Constitution.
    On this note, the functions conferred on the local governments places no ban on the Ministry of Interior, licensed places of worship and other lawful authorities to contract and celebrate marriages. The court had also declared valid all marriages contracted under a licence granted by the Ministry of Internal Affairs, Director General of a state government in charge of marriages, any state ministry, or by any officer in any of the ministries. Based on the decision given in the Haastrup’s case, it only restrains the Ministry from further registration of Marriages. By implication, marriages registered at the Ministry of Interior before the decision in Egor Local Government V. Hon Minister of Interior are valid while further registrations conducted by the Ministry of Interior may be challenged.
    It is however pertinent to state that : even though the registration and issuance of marriages is conferred on the Local Government, such must be exercised in accordance with the provision of Marriage Act as illustrated by the court in the case of Olumide Babalola V. Ikeja Local Government and Anor ( Suit NO. LD/1343GCM/16], the Claimant applied for a declaration that the local government does not have power to issue modified/customized Marriage Certificates different from the one provided for in Form E under Section 24 of the Marriage Act and a declaration that the Registered Trustees of Association of Local Governments in Nigeria (ALGON) Unified Marriage Certificate is unconstitutional, null and void. The Court affirmed the position with regards to the form of the Marriage Certificates, it however held that marriages that are already conducted and are not in conformity with Form E be regarded as good and valid in Law for all intents and purposes, there should however, be a reissuance of the proper certificate to all persons in possession of the “invalid certificates “and this will have no effect on the subsisting validity of the Marriage.
    Conclusively, in light of the judicial authorities discussed above and in line with the relevant statutory provisions cited,one can validly conclude that while the local governments have the right to validly register and issue certificates of Marriages as conferred on them under item 1(i) of fourth Schedule to the Nigerian 1999 constitution as amended; so far such is comply with all the stipulated provisions in the Marriage Act, for the issuance of Form E and no other customized form is acceptable, failure to comply with the provision renders the whole process voidable ; the formation of Marriage is exclusively regulated by the Ministry of Interior under exclusive legislative lists, item 61 of the second Schedule to the constitution of Federal Republic of Nigeria, 1999 as amended. Hence, there is no conflict as regards the registration and issuance of marriage certificate, since each powers and functions of each tiers of government has been clearly defined under the constitution.

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