The Lumine News

Tag: #NBA

  • NBA Statement On The Arrest Of Dele Farotimi And Alleged Invasion Of His Law Firm

    NBA Statement On The Arrest Of Dele Farotimi And Alleged Invasion Of His Law Firm

    STATEMENT BY THE NIGERIAN BAR ASSOCIATION ON THE ARREST OF DELE FAROTIMI AND ALLEGED INVASION OF HIS LAW FIRM

    The Nigerian Bar Association (NBA) is gravely concerned about the arrest of Dele Farotimi on allegations of libel, as well as the reported invasion of his law firm and the harassment of lawyers and staff within the premises. These actions constitute a troubling breach of the rule of law and the sanctity of the legal profession.

    While the Nigerian Police Force has the authority to investigate crimes, this power must be exercised within the confines of the law and in respect of offenses recognized under Nigerian law.

    We must reiterate that the alleged offense of libel, for which Dele Farotimi was reportedly arrested, is not recognized as a criminal offense under the laws of Lagos State. The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions. This progressive legislative move aligns with global best practices, which treat defamation as a civil wrong rather than a criminal offense.

    The Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021) affirmed this position. Justice Helen Ogunwumiju, JSC, unequivocally held that defamation ceased to be a criminal offense in Lagos State following the enactment of the Criminal Law of Lagos State 2011. This authoritative pronouncement leaves no room for doubt.

    Furthermore, under Sections 4 and 24 of the Police Act, 2020, the Nigerian Police Force is mandated to act only about conduct that constitutes a criminal offense under Nigerian law. Arresting individuals for non-criminal matters, such as defamation in Lagos State, is not only unlawful but also a blatant violation of the principles of legality and the rule of law.

    Of equal concern is the reported invasion of Dele Farotimi’s law firm and the harassment of lawyers and staff within the premises. Reports that phones were confiscated from lawyers and staff during this invasion highlight a severe disregard for the sanctity of legal practice and the constitutional rights of individuals. The legal profession is a cornerstone of justice and democracy, and any attempt to undermine its independence is a direct assault on the rule of law.

    The NBA unequivocally condemns the invasion of Mr. Farotimi’s law firm, the harassment of its lawyers and staff, and the unlawful seizure of their phones. Such actions are not only a violation of the constitutional right to dignity and privacy but also an affront to the independence of the legal profession.

    We, therefore demand the immediate release of Dele Farotimi, as his arrest lacks any basis under the laws of Lagos State. The authorities must swiftly launch an investigation into the invasion of his law firm, with the findings made public and those responsible held accountable.

    We urge law enforcement agencies to prioritize the principles of legality, fairness, and respect for human rights in their operations. These principles are foundational to justice, democracy, and the protection of citizens’ freedoms.

    #FreeDeleFarotimi #FreeDeleFarotimiNOW

    Mazi Afam Osigwe, SAN
    President
    Nigerian Bar Association

  • NBA Sues Federal Government Over IGP’s Tenure Extension

    NBA Sues Federal Government Over IGP’s Tenure Extension

    Culled From LoyalNigerianLawyer

    Recall that the tenure of Mr. Mohammed Adamu as the Inspector General of Police which expired on the 1st day of February 2021 was further extended by 3 months.

    The leadership of the Nigerian Bar Association have looked at the said tenure extension, and is of the considered opinion that the President of Federal Republic of Nigeria, does not have the powers to extend the tenure of the Inspector General of Police and that such extension is unconstitutional.

    Consequently, the Nigerian Bar Association through the NBA Public Interest Litigation Committee (NBA-PILC), has instituted a suit at the Federal High Court challenging the said tenure elongation.

    In the Suit, the NBA seeks judicial determination of the constitutionality of the President’s extension of Mr Adamu’s tenure as the Inspector-General of Police for three months after Mr Adamu had, on 1 Feburary 2021, attained thirty-five years of service as a member of the Nigeria Police Force.

    The NBA’s decision to take this extraordinary line of action is underpinned by an urgent need, and a sacred duty, to reassert the supremacy of the rule of law in the face of growing impunity and the seeming reluctance of Law Officers in Government to give proper counsel.

    The NBA’s position in the Suit is that Mr Adamu ceased to be a member of the Nigeria Police Force when he attained the milestone of thirty-five years of service. Therefore, the President’s extension of Mr Adamu’s tenure by three months, in the NBA’s respectful view, is unconstitutional.

    In the grand scheme of things, the NBA is wary that the more government officials casually violate the law, the harder it would become to expect citizens to be compliant. Citizens take their cues from their leaders and public office holders who flout the laws of the country that they are meant to uphold will discover sooner or later that their examples will be followed by those that they purport to govern.

  • 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]