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[NBA Crisis]: Lawyers demand NBA split, write Malami

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A new body of lawyers, the New Nigerian Bar Association (NNBA), has notified the Attorney General of the Federation (AGF), Abubakar Malami, of its existence.

The new association said its formation, last Thursday, followed the alleged failure of the Nigerian Bar Association (NBA) to uphold a national unity in its recent decisions.

Last Thursday, two Kaduna-based lawyers – Nuhu Ibrahim and Abdulbasit Suleiman – announced the NNBA’s formation, following NBA’s withdrawal of an Annual General Conference (AGC) invitation to Kaduna State Governor, Nasir El-Rufai, among other grievances.

They informed the AGF of their plans in an August 28 letter signed by Ibrahim as Convener 1 and Suleiman as Convener 2.

Both men had said they and other like-minds were consulting with senior lawyers of Northern Nigeria extraction and those practicing therein with the view to constituting the (board of) trustees and for purposes of fixing a date for formal inauguration of the association.

But some lawyers from or practicing in Northern states offered divergent views on the move.

While two Senior Advocates of Nigeria – Mallam Yusuf Ali (SAN) and Rafiu Lawal-Rabana (SAN) – sued for unity, Jibrin Samuel Okutepa (SAN) and The Arewa Young Lawyers’ Forum told newsmen that the Constitution is on the side of the new association.

JUST IN: Supreme Court upholds Yahaya Bello’s election

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The Supreme Court, on Monday, struck out the Peoples Democratic Party’s appeal challenging the victory of Governor Yahaya Bello of Kogi State at the November 16, 2019 governorship election in the state.

A seven-man panel led by the Chief Justice of Nigeria, Justice Tanko Muhammad, in a unanimous judgment, affirmed Bello’s election on the platform of the All Progressives Congress.

In the lead judgment prepared by Justice Inyang Okoro but read on his behalf by another member of the panel, Justice Uwani Abba-Aji, the apex court affirmed the earlier July 4, 2020 judgment of the Court of Appeal in Abuja and the May 23, 2020 majority verdict of the election petition tribunal, which had both upheld the Bello’s victory at the poll.

The apex court resolved all the five issues raised for determination in the appeal against the PDP and its governorship candidate in the disputed poll, Musa Wada, who jointly filed the appeal.
Resolving all the five issues in favour of Bello, his party, the APC, and the Independent National Electoral Commission, the apex court declared the appellants’ appeal as lacking in merit.

Aside from the CJN, Justices Okoro and Abba-Aji, other members of the panel who also agreed with the lead judgments were, Justices Olabode Rhodes-Vivour, Sylvester Ngwuta, Kudirat Kekere-Ekun, and Amina Augie.

Buhari Approves Transfer Of NIMC To Communications Ministry

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President Muhammadu Buhari has approved the transfer of the National Identity Management Commission (NIMC) to the Federal Ministry of Communications and Digital Economy.

This was revealed in a statement issued on Monday by Uwa Suleiman, the spokesperson to the Minister of Communications and Digital Economy.

He that the the transfer would ensure that synergy and effective ministry supervisory mechanism is put in place to coordinate, monitor and track the progress of Federal Government’s digital transformation initiatives.

The statement stated that Pantami had within his first year in office resolved the communications sector’s decade-long dilemma of Right-of-Way charges.

It said Pantami was also able to secure the President’s approval for the provision of security as well as designation of telecommunications infrastructure as critical national infrastructure, among others.

The NIMC is mandated to create, manage, maintain and operate the national identity database established by the NIMC Act, 2007.

In an effort to realise this, the commission has so far registered around 41 million eligible enrollees for the National Identity Number.

The Nigerian Communications Commission on the other hand has details of over 191 million mobile subscribers.

Furthermore, the National Information Technology Development Agency has recorded huge successes in the development and implementation of the Nigeria Data Protection Regulation, the country’s first codified data protection regulation.

NBA President to audit 2016, 2018, 2020 elections

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Nigerian Bar Association (NBA) President, Olumide Akpata has set up an Electoral Audit and Reforms Committee to audit the body’s 2016, 2018 and 2020 elections.

The Committee, headed by Ayo Akintunde (SAN) will also recommend reforms for future electoral systems and processes.

Akpata, who was sworn into office for a two-year term last Friday, made the disclosure on Sunday morning in a series of tweets on his Twitter handle.

Law TV reports that NBA has faced threats to its unity following unresolved questions on the credibility of its national officers’ elections of last July 29 and 30.

The NBA leadership had been dominated by Senior Advocates of Nigeria (SANs) until Akpata, 47, caused an upset and won the presidential race by a landslide.

He defeated two SANs – Babatunde Ajibade and Dele Adesina – to become the first elected non-SAN president of the NBA in 22 years.

But Adesina faulted the process, alleging the election was manipulated.

The NBA Board of Trustees agreed that the election was not perfect.

FG Officially Reopens Enugu International Airport

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The Federal Government on Sunday officially reopened the rehabilitated Akanu Ibiam International Airport in Enugu State.

The Minister of Aviation,  Hadi Sirika during the commissioning of the airport said local flight operations will resume immediately, while International flights will resume at the airport from September 5.

He added that attention would now be focused on completion of the international terminal of the Eastern gateway, even as they would intensify efforts to  complete other rehabilitations at the airport.

Siriki said that the airport would be among the Airports that may be put up for concessions.

Dignitaries present at the events inculded, President General of Ohaneze Ndigbo, Chief John Nnia Nwodo; Former Minister of culture, Chief Frank Ogbuewu; Chief Executive Officer of United Airline among others.

Ministers who accompanied Sirika to the event include Minister of Labour and Employment, Chris Ngige, Foreign Affairs Minister Geoffry Onyeama alongside Senators Ike Ekweremadu,Chuka Utazi, Emeka Nwajiuba, Lynda Ikpeazu, Victor Umeh, Prince Arthur Eze,  and Uche Ekwunuife.

On Saturday the Minister arrived the airport in a private aircraft, at 14:47pm to inspect the level of work, he noted that the runways are good and ready to commence normal flight.

The Airport was closed down in August 2019 to enable the government carry out repair works on the dilapidated runways and other facilities.

Senate to bar FIRS, Customs, NBC, 57 others from getting federal allocations

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Senate is set to advise the Federal Ministry of Finance, Budget and National Planning to exclude 60 federal agencies from getting allocation from the national budget, starting from next year.

The agencies include Federal Inland Revenue Service, Nigeria Customs Service, Security and Exchange Commission, National Broadcasting Commission and Oil and Gas Free Trade Zone Commission.

Sunday PUNCH reported that the move was due to the conviction that the agencies generate enough revenue to fund their overheads and payment of salaries, and would therefore not need to be funded from the national budget.

Investigations by the newspaper further indicated that the Joint Committee on Finance and National Planning had concluded plans to include the proposal in its report which would be submitted to the Senate at plenary on resumption on September 15.

The joint panel on Tuesday concluded a five-day interactive session with the various Federal Government revenue generating agencies based on the 2021-2023 Medium Term Expenditure and Fiscal Strategy Paper.

The panel, in most of its engagements with the heads of the agencies, expressed disappointment with their poor revenue profile, huge wage bill and poor remittances to the Consolidated Revenue Fund account.

The Chairman of the joint committee, Senator Solomon Adeola, told the heads of the agencies after the session that many of them had no business receiving allocation from the federation account.

He said the Senate would work out an arrangement to amend the Fiscal Responsibility Act that would stop the agencies from spending the money they generate as they pleased.

He said some of the agencies like the Oil and Gas Free Trade Zone Commission, had willingly pulled out of being funded from the federal budget, meaning they would no longer collect allocation for salaries and overhead from the federation account.

member of the joint committee told our correspondent on condition of anonymity on Friday that the panel had identified 60 agencies that would henceforth be funding the national budget and be responsible for their overheads and salaries of their workers.

said the affected revenue generating agencies cut across the agriculture, aviation, communications, education, energy, environment, health, maritime, media and science and technology sectors of the economy.

He said, “We want to put an end to indolence and wastage of revenue. Many of the agencies have more than enough to remain on their own but they are still being funded from the national budget. We are doing this in the interest of Nigerians because we are tired of passing budgets that are not implementable due to deficit.”

Adeola, in his reaction, did not confirm the exact number of agencies that would exit the national budget but said some had willingly agreed to pull out of being funded from the budget and that their list had been compiled.

He said apart from those who would be placed on zero allocation, some would henceforth bear their overheads and cost of executing capital projects.

He stated, “We have invited all revenue generating agencies and ministries that are directly affected to ask questions bothering on the document before us and to deliberate on how we can improve the revenue of the Federal Government.

“From what we have seen and witnessed, it goes to show that we have a lot of work to do in the areas of ensuring that all government revenues get to the coffers of the government. Frivolous expenditure being used to take away the revenue will be blocked.

“This is just the beginning of good things to come. Once this has commenced, we would have a lot of savings and seriousness on the part of the government agencies.”

He said they were trying to put together the cost of collection to be given to all the revenue generating agencies so the government could have enough revenue at its disposal to fund the budget.

“With the repositioning that we have started, we will ensure that all revenue generating agencies play their critical roles in supporting government’s programmes and policies,” he added.

The Director-General, Bureau of Public Enterprises, Alex Okoh, had told the Senate Committee on Privatisation in October 2019 that 600 Federal Government-owned enterprises gulped not less than $3bn yearly with little or no returns from them into the federation account.

During the just concluded Senate session on MTEF/FSP, the Nigerian National Petroleum Corporation, the FIRS and Nigerian Customs Service projected to generate N43.5tn as revenue for the country between 2021 and 2023.

A breakdown of the N43.5tn projected revenue shows that FIRS planned to generate N19.1tn; NNPC, N19.5tn; and NCS, N4.927tn in the next three years.

Meanwhile, a member of the committee, Senator Abdulfatai Buhari, said the Senate would make the affected agencies see reasons why they should no longer be funded from the budget even as he expressed confidence that they would not protest against the move.

Buhari, who is also the Chairman, Senate Committee on Land Transport, said the action was being taken in the best interest of the country and that it was not a witch-hunt.

He added, “We know that when a change is coming, there would be some resistance but the most important thing is that the country is greater than anybody. What we are saying is that if we have a means to finance our budget we will go for it. We will let them see reasons why they should be removed from the budget.

“We know that the country is allocating billions of naira every year to buoyant agencies that don’t need the money. They are agencies that can conveniently finance themselves. There are lots of revelations during the five days that we held our interactions with the agencies.

“Many of them are generating as much as N20bn every year, remitting what they like, and they are still collecting money from the federation account to pay salaries and to defray their overhead cost. Apart from removing them from the budget, we will also make sure that they remit the appropriate revenue to the federation account.”

He said apart from the NCS and the FIRS that declare huge revenues, many other revenue generating agencies only remitted pittance from their collection.

He added, “As a serving senator, I was shocked when I saw the huge sums of money that many of these agencies are making, how much they are spending on frivolous expenditure and what they remit to the national purse. It is highly ridiculous.’’

SERAP Sues Buhari Over N800bn Recovered Loot

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Socio-Economic Rights and Accountability Project has filed a lawsuit against the President, Muhammadu Buhari over the failure to disclose information and documents relating to the names of people from whom N800bn looted public funds have been recovered, specific dates of the recovery, and details of projects on which the money had been spent.”

A statement signed by SERAP Deputy Director, Kolawole Oluwadare, noted that the President had, in paragraph 78 of his speech to mark Democracy Day on June 12, 2020, stated that: “the government has recovered looted funds in excess of N800 billion. These monies are being ploughed into development and infrastructure projects.”

In the suit number FHC/ABJ/CS/1064/2020 filed last Friday at the Federal High Court, Abuja, SERAP is seeking “an order for leave to apply for judicial review and an order of mandamus to direct and/or compel President Buhari to publish a comprehensive list of names of people from whom N800bn in looted funds have been recovered, the details of spending of the money, and the specific dates of the recovery.”

SERAP is also seeking: “an order of mandamus to direct and compel President Buhari to instruct appropriate anti-corruption agencies to promptly, thoroughly and transparently investigate alleged payment of N51bn of public funds into individual private accounts in 2019.”

Joined in the suit as respondents are Mr. Abubakar Malami, SAN, Attorney General of the Federation and Minister of Justice; and Mrs. Zainab Ahmed, Minister of Finance, Budget and National Planning.

In the suit, SERAP is arguing that the court ought to compel the respondents to disclose the details and whereabouts of the public funds.

“There is no legally justifiable reason why the information should not be made widely available to Nigerians, especially as the Nigerian Constitution of 1999 (as amended) requires the government in section 15(5) to abolish all forms of corruption. That means ensuring transparency and accountability in the management of public resources and wealth,” it stated.

The suit followed SERAP’s Freedom of Information (FoI) request dated 13 June, 2020 to President Buhari, stating that: “The public has a right to know how recovered N800bn loot has been spent, and the details and purpose of the alleged payments of N51bn into individual private accounts. Transparency over transactions by the government is critical to ensuring public confidence in the integrity of management of public resources and wealth.”

SERAP is also arguing that: “Granting the reliefs sought will ensure transparency and accountability, as the information sought to be published will reveal the truth of where money is going and why it is there, and allow Nigerians an opportunity to assess the impacts of any projects carried out with the recovered loot and the alleged payments into individual private accounts.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “As a signatory to the UN Convention against Corruption, the African Union Convention on Preventing and Combating Corruption, and the African Charter on Human and Peoples’ Rights, Nigeria has committed to ensure transparent management of public resources, and unhindered access to public information. These commitments ought to be fully upheld and respected.”

“Transparency and accountability in governance is in the public interest. Publishing the details regarding the N800 billion recovered loot and investigating the alleged suspicious payments into personal accounts would be entirely consistent with Nigeria’s international anti-corruption commitments.”

“The authorities are required to set the highest standards of transparency, accountability and probity in the management of these resources and wealth, and the programmes that they oversee.”

“Disclosing the details of projects on which the N800bn recovered loot have been spent and publishing a comprehensive list of names of people from whom they have been recovered, as well as investigating alleged payment of billions of naira into individual private accounts, would be entirely consistent with the oft-expressed anti-corruption commitments by the government.”

It would be recalled that BudgIT, a civic tech organisation, recently reported that “the open treasury portal by the federal government allegedly showed that payments totaling N51bn were made into individual accounts in 2019.”

No date has been fixed for the hearing of the suit.

(The Punch)

Daily Trust withdraws offensive anti-Hijab image, apologises, says it was a mistake

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One of Nigeria’s leading newspaper, Daily Trust has apologised to the Muslims and removed the offensive featured image, which had two gun-wielding men donning the Hijab in an unrelated News story.

The offensive image appeared on its website on Friday, August 28, with the headline, ‘Gunmen kill two in Kaduna community’.

Muslim News, whose objective includes the monitoring of the reportage of Islam and Muslims in the mainstream media, joined hundreds of Muslim netizens to protest what they deemed an ‘offensive, provocative, unethical, and insulting imagery that stigmatized the Hijab, Muslim women’s attire.

The aggrieved Muslims demanded the withdrawal of the image from its website and other social media handles, with a statement, explaining what led to the misrepresentation.

Unlike other islamophobic media who have at different times shown their hatred to Islam and the Muslims, the management of Daily Trust has now proactively removed the offensive image and apologised to the Muslims.

In the apology letter posted on its verified social media handles on Facebook and Twitter, the newspaper said;

“We sincerely apologise for the earlier use of an inappropriate picture with the story (Gunmen Kill 2 In Kaduna Community). It was a mistake and never intended to offend any individual or group, and has since been removed”.

It would be recalled that Muslim News has praised Daily trust over the years for not only being a northern newspaper but a reliable medium for Nigerian Muslims which upholds the ethics of the profession while discharging its duties.

Source: muslimnes.com.ng

8 Salient Points From NBA President, Akpata’s Inaugural speech

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Mr. Olumide Akpata was sworn in as the 30th President of the Nigerian Bar Association (NBA) on Friday, 28th August 2020. The swearing in which marked the end of the tenure of Mr. Paul Usoro SAN was held at the NBA National Secretariat, Abuja.

During his inaugural speech, Mr. Akpata reiterated his resolve to ensure that his leadership impact members positively.

We teased out the following points from his 51 pages inaugural speech:

Unity of the Bar
On the seeds of discord that were sown during the election campaigns and the issues pertaining to the election process itself.

He stated that One of the cardinal pillars of his campaign and on the basis of which he made himself available to run for the high office, was the promise to run an all-inclusive Bar.

He said that The Bar that he wants to lead henceforth is one that is united on all fronts and that recognizes that the diversity of the bar perhaps, its greatest strength.

Electoral Reforms
After recognizing the need for electoral reforms, although acknowledging that the election that brought him to power was free and fair, he promised to address the issues affecting the electoral process of the NBA.

He identified lack of database for lawyers and the resultant difficulties of coming up with voters register as one of those challenges and is to be solved by improving on the membership portal introduced by the previous administration of Paul Usoro SAN.

Additionally, he immediately constituted an Electoral Audit and Reforms Committee, comprising of distinguished practitioners of the highest standards to audit the 2016, 2018 and 2020 elections and recommend reforms for the electoral systems and processes. The committee is to be headed by Ayo Akintude SAN. Of Lagos beach and Nena Uko of Enugu branch, as secretary.

Welfare of lawyers
He restated his commitment to improving the welfare of lawyers and expand deepen the market of legal services. He also promised to constitute an NBA task force to determine the scope of legal work, statutorily preserved for legal practitioners. To deter other professionals and statutory institutions like banks, corporate affairs commission Etc from encroaching on the jobs of legal practitioners by engaging them to refrain from such and where peaceful engagements fail, to challenge such encroachment in court as it is no longer business as usual.

Poor remuneration of lawyers
He promised to Establish NBA remuneration committee to recommend feasible remuneration for legal practitioners.

While recognizing his earlier campaign promises of issuing free NBA stamp and seal for some category of lawyers, he again promised to issue two packs of 48 Stamps for free to all verified legal practitioners who pay their Bar Practising Fees not later than 31 March 2021. However, those who require additional copies of the NBA Stamp and Seal would then be free to request additional pages at extra costs to them.

This is coming on the heels of a promise to improve the stamp and seal application and collection process.

Equally, he assured that the NBA LIFE ASSURANCES scheme will also be continued. While also promising to institute a comprehensive health insurance scheme and establish a medical health fund to help deserving members subscribe to the scheme.

Protecting the fundamental rights of lawyers
He cited the recent harassment of Mr Paul Igwe and Emperor Ogbonna who has been in detention despite court orders granting him bail, he promised to engaged security agencies and relevant institutions to forestall future occurrences.

Capacity Building
He reconstituted the Board of the Institute of Continuing Legal Education (ICLE) and charged the Board with the responsibility for the operation of the Continuing Professional Development (CPD) programme of the NBA.

While also promising to constitute a body to submit a proposal for the upgrade of the content and structure of the courses taught at the Nigerian law school and faculties of law in Nigeria.

While assuring the institution of a mentorship program, he established the NBA Career Development Centre to provide career guidance for members.

Welfare of lawyers with disabilities and representation of young lawyers
He promised to lead the charge for the creation of an NBA Lawyers with Disabilities Forum and other important fora to ensure that all segments of the profession are carried along. And representation of young lawyers in all the appointments to be made by his administration.

Ethics and discipline of members.
He promised to collaborate with the body of Benchers to instate a process that makes members of the bar accountable so as to restore the eroding dignity of the bar. He also promised to ensure that the Rules of professional conduct is reviewed and the Legal Practitioners Act amended.

 

Source: https://dnllegalandstyle.com/

[Blasphemy]: Musician Denied Access To Lawyers As Appeal Deadline Nears

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A 22-year-old Musician, Yahaya Sharif-Aminu, who was sentenced to death by an Upper Sharia Court in Kano State on August 10, 2020, has been denied access to lawyers even as the 30-day deadline given to him to appeal the judgment lapses on September 9.

Saturday PUNCH learnt that a notice of appeal had yet to be filed in court even as Kano State Governor, Abdullahi Ganduje, has expressed readiness to sign the convict’s death warrant once the 30-day deadline lapses.

Speaking with our correspondent on Friday, human rights lawyer, Mr. Femi Falana (SAN), said he had asked a lawyer to meet with Sharif-Aminu but the lawyer was denied access by prison authorities.

He said, “I sent a lawyer to take up the case and meet with him (Sharif-Aminu) but he was denied access.”

Attempts to speak with the Spokesman for the Nigerian Correctional Service, Austin Njoku, proved abortive as he neither responded to repeated calls nor a text message on Friday.

The musician, who is a resident of Sharifai in Kano metropolis, was accused of committing blasphemy against Prophet Mohammed in a song he circulated via WhatsApp in March 2020. Irate youths burnt down his family home and led a protest to the Sharia Police, Hisbah, demanding Sharif Aminu’s death.

The musician, who went into hiding, was arrested, hurriedly tried and convicted for breaching Section 382 (b) of Kano penal code of 2000 which is based on Islamic law.

Some human rights lawyers in Kano told this newspaper that many lawyers were refusing to take up Sharif-Aminu’s case because of the volatile nature of Kano State.

An activist said, “Most of the human right lawyers in Kano that I have asked to take up the case have refused to do so out of fear. Most of them are afraid that their chambers could be burnt down by youths or they could be attacked or killed for defending a blasphemer. Ironically, some of these lawyers support the death sentence handed down to the convict and are refusing to take action.

“And of course, when it comes to such sensitive religious matters, the police are usually complicit or they look the other way. The political leaders also keep mute or come out to support Sharia because they want to remain popular among their people.”

The Muslim Lawyers Association of Nigeria which is very active in Kano and other states practising Sharia, had recently endorsed the death sentence handed down to the musician, stating that the trial was fair and in line with the laws of the state.

However, global rights group, Amnesty International, had said in a statement that the musician, from all indication, was not given a fair hearing.

“This is a travesty of justice. There are serious concerns about the fairness of his trial; and the framing of the charges against him based on his WhatsApp messages. Furthermore, the imposition of the death penalty following an unfair trial violates the right to life. Yahaya Sharif-Aminu must be released immediately and unconditionally,” said Osai Ojigho, Amnesty International Nigeria country director

In an email chat with Saturday PUNCH, the United States Commission on International Religious Freedom, Commissioner Frederick Davie, said the USCIRF would be making foreign policy recommendations to President Donald Trump, the Secretary of State, Mike Pompeo; and Congress on Nigeria to deter religious persecution and promote freedom of religion and belief.

On what recommendations the commission would be making as regards the blasphemy case, Davie said, “It is the commission’s opinion that laws criminalising blasphemy are detrimental to religious freedom and are inconsistent with international human rights standards and with Article (Section) 38 of the Nigerian Constitution.

“We recommend that the US government enter into a binding agreement with the Federal Government of Nigeria to address violations of international religious freedom across the country, including by engaging state and local counterparts in a political dialogue to repeal or reform the country’s blasphemy laws to be more in line with the constitution and the Universal Declaration of Human Rights.”

(The Punch)