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Tag: #First Baba Isa

  • First Baba Isa Verse ICPC; FCT High Court Vacates Remand Order

    First Baba Isa Verse ICPC; FCT High Court Vacates Remand Order

    By Admin

    The FCT High Court sitting in Apo today vacated the remand order obtained by ICPC and refused to issue a fresh one on the grounds that ICPC has failed to prove that Isa has been arrested and is in their custody.

    F. Baba Isa, a legal practitioner has been having a running battle with the ICPC for obtaining a judgment which the ICPC is not happy with.

    He was invited by the ICPC to answer questions based on representations he made on behalf of his client. But the legal practitioner approached the court to challenge what he called the “illegal invitation to breach attorney-client privilege”. According to him, “I would not be emotionally blackmailed into honouring their illegal invitation just to prove that “I have nothing to hide”. That is how illegality gets institutionalised. I would not be a part of that. Lawyers cannot just be invited nor arrested to breach attorney-client privilege just by tagging them “suspects”.”

    Strangely, ICPC went to court to obtain a remand order without first arresting or having the lawyer in their custody. Mr Isa challenged this remand order, telling the court that ICPC’s “… entire prayers and affidavit was intended to mislead the Honourable Court that I was in their custody; this is because they know that a remand order can only be granted when a suspect is in custody. The section of ACJA (section 293) they premised their application on clearly stated thus. Section 294 of ACJA made it abundantly clear that the Court has to examine the reason for the arrest before granting a remand order but they misled the court into granting a remand order, while the court, thought by looking at their affidavit it was actually examining a real reason for an arrest… an arrest which never happened.

    Section 294 of ACJA made it clear that before a remand order is granted by the court, the court will examine the reason for the arrest and be satisfied that there is reasonable grounds to believe that the suspect has been involved in the commission of the alleged offence. In this case there is absolutely no offence. I simply did my job as a legal practitioner, obtained a valid court judgment for my client, held money in client’s account for my client, carried out client instructions to transfer money and earned my fees. All these are legal.

    So, when they said it was just an invitation, it is not true. They planned to detain me for 14 days and compel me to breach attorney-client privilege. They had already procured a remand order before they sent out their purported invitation letter. A remand order gotten before arrest is not just illegal but malicious and vindictive.”

    Today, the court vacated the remand order and refused to issue a fresh one on these grounds. ICPC has however vowed to arrest and detain Mr Isa without a court order even though there is a pending case in court challenging their right to invite or arrest him concerning this matter.

  • F. Baba Isa, Esq: NBA Cautions ICPC on Undue Interference with Lawyer-Client’s Privileges- Stop Harassing Lawyers

    F. Baba Isa, Esq: NBA Cautions ICPC on Undue Interference with Lawyer-Client’s Privileges- Stop Harassing Lawyers

    Culled from LoyalNigerianLawyer.com

    The Nigerian Bar Association has been informed by one of its members, F. Baba Isa, Esq., an Abuja based legal practitioner, who alleged that he is constantly being harassed and threatened by personnel of the Independent Corrupt and Related Offences Commission (ICPC) regarding his activities as a lawyer to his client, one Mrs Roseline Uche Egbuha.

    The NBA is further informed that ICPC placed a PND on the personal and corporate accounts of Baba Isa Esq. at Guaranty Trust Bank without any order of court.

    The NBA has been shown processes confirming that a fundamental right enforcement proceeding was commenced against GTB and ICPC at the Federal High Court, Abuja and all the parties were duly served. The matter was later settled between Baba Isa’s client (Mrs. Roseline Uche Egbuha) and a consent judgment was entered on the basis of terms of settlement executed between the said Mrs. Roseline Uche Egbuha and GTB, one of the terms being the defreezing of the accounts of Mrs. Roseline Uche Egbuha.

    Records indicate that ICPC was in the know of the out of court settlement moves and Consent Judgment was entered accordingly without any objection from ICPC. ICPC did not also object to the discontinuance of the action against it. ICPC, we were informed, was present in court on the day of adoption of the terms and never raised any objection to the proceedings.

    Eventually the sums in the bank accounts were transferred by GTB to the client’s account of FBI Legal, the law firm of F. Baba Isa Esq.

    The NBA states that it is very important in the administration of justice for agencies like ICPC to adhere to the provisions of the laws setting them up. Doing otherwise would be tantamount to resorting to illegality, which is an abuse of power.

    Sections 39 of the ICPC Act makes it mandatory that it is only a court of law that can order a legal practitioner to disclose information in his possession relating to his client. More so, the position of the law is well settled on lawyer/client’s communications, which are protected by law.

    The NBA urges the ICPC to stop harassing lawyers just for the fact that they are performing their professional duties to their clients. The threat to arrest and prosecute Baba Isa Esq, for performing his professional duties would be considered an abuse of power if it is to compel him to divulge privileged information about his client without any valid order of court.

    The NBA enjoins prosecuting agencies of government to respect the decisions of the courts. The Courts in Nigeria have several times condemned the penchant of investigating and prosecuting agencies of government to freeze bank accounts of persons they are investigating without any valid order of court. This should not be encouraged. The NBA therefore views the freezing of the bank accounts of F. Baba Isa Esq without a valid order of court as wrongful.

    Kunle Edun
    National Publicity Secretary, NBA

  • First Baba Isa Petitions NBA President, Paul Usoro, Says He Didn’t Know That To Get A Favorable Judgment For Client Is Now An Offense

    First Baba Isa Petitions NBA President, Paul Usoro, Says He Didn’t Know That To Get A Favorable Judgment For Client Is Now An Offense

    By Elijah Ugani – Calabar

    A right lawyer, Mr. First Baba Isa has petitioned the President of the Nigerian Bar Association NBA, Mr. Paul Usoro requesting the association to urgently protect the rights of lawyers who are currently being harassed, intimidated and detained for performing the constitutional rights.

    In the pettitio addressed to Mr. Paul Usoro SAN, Mr. Isa averred that “I don’t know that to get a favorable judgement for my client is now an offense. Sir as our president, you didn’t send us any circular to this effect. If you had told me, I wouldn’t have done it. I wouldn’t have gotten a favorable judgment for my client. Now my accounts are frozen, I can’t fend for my family, I can’t go to court to defend my clients and they are threatening to arrest and detain me just ad they have arrested and detained our learned friends”

    Read full text of the petition.

    “Sir, a few hours ago I told my story: a story of how I got a valid court judgement in favour of my client. A story of how this judgment apparently went against the plans and dreams of ICPC. A story of how because of this ICPC is hunting me down like a wanted terrorist.

    “Please, Sir, I crave your indulgence to read the full story, with all documentary attachments by clicking on this link https://m.facebook.com/story.php?story_fbid=10160002509834408&id=725834407.

    “Learned Silk, Sir, attached is a certified true copy of both the record of proceedings and the judgment order. You will see that the ICPC, as 2nd and 3rd Respondents, were fully represented in court on the day we adopted our terms of settlement with GTB, the 1st Respondent.

    “ICPC took this judgment to their office and sat on appeal on it. In their illegal appellate jurisdiction, they ruled that the judgement was obtained by fraud and they rearrested my client and freeze all our accounts… Learned Silk, the shocker is that they also arrested the GTB lawyer in this suit.

    “Sir, as I write this, a lawyer, Nsikak Udoh, Esq., who only represented his client in court is in ICPC custody. He has been in detention for over 8 days.

    “ICPC did not appeal the judgement. ICPC did not approach the court to set the judgement aside if indeed there have any evidence it was obtained by fraud, they just started arresting lawyers on the case. Sir, our Learned Friend is in detention and I’m being hunted because we are lawyers, because we did our job.

    “I didn’t know that to get a favourable judgement for my client is now an offence. Sir, as our president, you didn’t send us any circular to this effect. If you had told me I wouldn’t have done it: I wouldn’t have gotten a favourable judgement for my client. Now, my accounts are frozen, I can’t fend for my family, I cant go to court to represent my clients and they are threatening to arrest and detain me just as they have arrested and detained our learned friend.

    “I know many things are wrong in this country, but I never imagined a day will come when lawyers will be arrested, detained and harassed because they got a valid court judgement that offended security agencies”

    Sir, oh Sir…

    F. Baba Isa, Esq.,
    Principal Partner,
    FBI LEGAL, Abuja.
    07037162029 (WhatsApp only);
    [email protected]

  • ICPC Has Invited Me And Is Threatening To Arrest Me, Against Their Own Law, To Compel Me To Break Attorney-Client Privilege – Isa

    ICPC Has Invited Me And Is Threatening To Arrest Me, Against Their Own Law, To Compel Me To Break Attorney-Client Privilege – Isa

    By Elijah Ugani – Calabar

    A human right and constitutional lawyer, Mr. First Baba Isa Esq…  has raised alarm over the continues threat by the Independent and Corrupt Practices Commission ICPC, to arrest, detain or declare him wanted, to compel him to bridge the attorney-client privilege.

    Mr. Isa took to his verified Facebook account @First Baba Isa to disclose this maintained that he rather die defending the attorney-client privilege than to live and be pointed at as that lawyer who broke the attorney-client privilege without due process of the law.

    Hear him “Yesterday, I told my story: a story of how I got a valid court judgement in favour of my client. A story of how this judgment apparently went against the plans and dreams of ICPC. A story of how because of this ICPC is hunting me down like a wanted terrorist. You can read the full story, with all documentary attachments by clicking on this link https://m.facebook.com/story.php?story_fbid=10160002509834408&id=725834407.

    “There is another horrendous angle to this. An angle so patently and gruesomely illegal; the thought that ICPC can even contemplate this makes me shiver.

    “On the 19th of June, 2020 and after going to my office and home to arrest me unsuccessfully, ICPC went to my home and office to paste a letter on my door inviting me for questioning concerning a case I am handling as a legal practitioner. Find the letter attached.

    “That same day they published a press release, so I know exactly why I was being invited. If you clicked on the link above, you must have seen the press release.

    “If you read the letter of invitation attached, you will see that their invitation is premised on Section 28 of the ICPC Act.

    “It will be apt to reproduce Sections 28 and 29 of the ICPC Act for fluid adumbration:

    “Section 28 of the Act states that: “(1) An officer of the Commission investigating an offence under this Act may – (a) order any person to attend before him for the purpose of being examined in relation to any matter which may, in his opinion, assist in the investigation of the offence…”

    “Section 39 states that: “Notwithstanding the provisions of any other written law (INCLUDING SECTION 28), a Judge of the High Court may, on application made to him in relation to an investigation into any offence under this Act or any other law prohibiting corruption, order a legal practitioner to disclose information available to him in respect of any transaction or dealing relating to any property which is liable to seizure under this Act provided that no court shall require an advocate or solicitor to disclose any privileged information or communication which came to his knowledge for the purpose of prosecuting any pending proceeding.”

    “The above provisions read together is as clear as crystal. Section 39 made it abundantly clear that a Legal Practitioner can only be invited by an order of court and not a mere letter from ICPC. And an order of court can only be obtained to compel the attendance of a legal practitioner for an interview with ICPC only when the matter has to do with a property liable to seizure and when it is not related to a pending proceeding.

    “In the instant case, I did not carry out a transaction for my client touching any property which was liable to seizure; at the time I carried out a transaction for my client concerning the money in her account, there was and still is a valid court judgment authorizing GTB to give my client access to her money. At the time I carried out transaction touching on that money, it was not and is still not liable to seizure. In any case, there is no court order obtained by the ICPC to invite me, assuming without conceding that I dealt with any property for that matter that is liable to seizure.

    “Obtaining such an order will even be a gross illegality since there is a pending proceeding instituted by me on the instructions of my client against the ICPC. Section 39 of the ICPC Act, supra, made it abundantly clear “… that no court shall require an advocate or solicitor to disclose any privileged information or communication which came to his knowledge for the purpose of prosecuting any pending proceeding.”

    “What I am being invited to come and disclose is “… privileged information or communication which came to (my) knowledge for the purpose of prosecuting (a) pending proceeding.” This cannot and should not be allowed to happen.

    “It is settled law that when the word ‘shall’ is used in a statute, it is not permissive but mandatory, and the person or body to which it relates has no option but to comply with the provision of the statute. See KALIEL & ANOR V ALIERO & ORS (1999) 4 N.W.L.R (PT 597) 344@ 355.

    “In Hunt v. Great Northern Railway (1891) 2 Q.B. at page 191, Lord Esther M.R. said: “A privileged occasion arises if the communication is of such a nature that it could be fairly said that those who made it had an interest in making such a communication, and those to whom it was made had a corresponding interest in having it made to them. When these two things co-exist, the occasion is a privileged one.”

    “This statement of the English Court of Appeal in the case of Hunt vs. Great Northern Railway, supra, was adopted by the Nigerian Court of Appeal in the case of GIWA V AJAYI (1993) 5 NWLR (PT. 294) 423.

    “The letter of invitation purportedly derived its foundation from Section 28 of the ICPC Act, supra, while the ICPC conveniently ignored Section 39 of the same Act. They cannot choose and pick which section of the Act to obey and which section to disobey. This is highly preposterous.

    “On another remove, the strategy of freezing my accounts containing my legally earned fees in other to frustrate me and get me arrested so as I can be compelled to divulge privileged information is not only illegal but primitive and nebulous.

    “This is why yesterday, I filed processes in a court of competent jurisdiction to strike down this demonic move with the gavel of justice.

    “ICPC has threatened to declare me wanted if I don’t honour their illegal invitation. I know they can do that. I know they can even arrest me while this suit is pending in court. We are all witnessing the funeral of the rule of law. But no matter what happens to me, I will not be that lawyer who will be illegally compelled to divulge privileged information. If I do that, my career as a lawyer is finished: I will be known as that lawyer who divulges privileged information; my clients will leave me. Then the ICPC will go for other lawyers… Then, the law is doomed.

    “I rather be remembered as that lawyer who died defending attorney-client privilege than to be alive and be pointed out as that lawyer who broke that privilege without due process of law.

    “If I perish, I perish!”

    F. Baba Isa, Esq.,
    Principal Partner,
    FBI LEGAL, Abuja.
    07037162029 (WhatsApp only);
    [email protected]

     

    N/B. This opinion is strictly that of First Baba Isa and did not represent the views of Thelumninenews or its staff.