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Court voids NBA’s investigation report against lawyer, says it breaches right to fair hearing
A High Court of the Federal Capital Territory sitting in Apo has declared the report of the Nigeria Bar Association (NBA) investigative panel, which led to an originating application against a legal practitioner, Chibuzo Chukwueroka Ezike before the Legal Practitioner Disciplinary Committee (LPDC) delineated No. BB/LPDC/809/2022 null, void, and of no effect whatsoever.
Justice A.A. Halilu made this declaration while delivering judgment on an application for the enforcement of fundamental rights filed before the court by Chibuzo Chukwueroka Ezike against Registered Trustees of Nigeria Bar Association, Dr. Babatunde Ajibade (SAN), Mr. Oluwaseun Abimbola (SAN) as members of the NBA investigative panel, Dr. Monday Ubani and the Legal Practitioner Disciplinary Committee (LPDC).
The lawyer, Ezike had earlier filed a suit through his legal representative, Emeka Ozoani (SAN), before the court, asking for a declaration that the report of the NBA Panel that investigated conflicting judgments on some political cases which indicted him of professional misconduct and led to the filing of Petition No BB/LPDC/809/2022 against him before the LPDC, which was widely published in different media platform without affording him the opportunity of being heard throughout the purported investigation is a breach of his right to fair hearing as provided under section 36(2) of the 1999 Constitution of Federal Republic of Nigeria (as amended) and Articles 7 and 9 of the African Charter on Human And Peoples Rights (Ratification And Enforcement) Act Cap A9, Laws Of The Federation Of Nigeria 2004 and encapsulated in Latin Maxim Audi Alterem Partem.
In his judgment, Justice Halilu declared that the report of the investigative panel against Ezike constituted a breach of his right to a fair hearing under Section 36(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 7 and 9 of the African Charter on Human and Peoples Right.
The court, however, ordered the parties to bear their costs, stressing that it will not act on speculation and award damages against the respondents for publishing or authorizing a publication subjecting the applicant to ridicule in the eyes of the public since it couldn’t lay its hands on the said publication to enable it to award the damages of N500 million.
The court also held that while there is no doubt that the NBA is saddled with the responsibility of investigating its members upon a complaint made against them, the procedure adopted by the respondents, having failed to adhere to the principle of natural justice and failure to afford the applicant fair hearing has made their entire action in that regard null void and of no effect whatsoever.
“The purported report that led to the filing of originating application to LPDC against the Applicant referred to as BB/LPDC/809/2022 is also declared null and void and of no effect whatsoever, having failed to pass through the legitimate means of making same,” the Judge held.
The court further stopped the LPDC from acting on the pending originating application against Ezike before it, as it has been declared null and void and of no effect whatsoever.
Justice Halilu held that Ezike has a legal duty to seek timely judicial protection whenever he smells danger and not wait until the rope is tight around his neck for execution. The court maintained that the legal practitioner does not have to wait for the LPDC to act on the NBA’s report that indicted him without hearing his side of the story, without availing him with a copy of the complaint written against him, and without giving him a copy of the NBA Report sent to LPDC.
“I am of the view that the respondents breached the rules of natural justice for their failure to communicate the complaint to the applicant and give him reasonable time to react the same.
“The respondent’s notice of preliminary objection dated 10-6-2022 is hereby dismissed for lacking in merit. Accordingly, judgment is entered for the applicant against the respondents,” the court ruled.
Reacting to the judgment, Ezike’s counsel, Ozoani (SAN), submitted that “the judgment was incisive, well-considered in substance and a proof that the court is the last hope of the common man. We commend his lordship.”
US car giant Ford on Wednesday announced 4,000 more job cuts in Europe, mostly in Germany and Britain, in the latest blow to the continent’s beleaguered car industry.
“The company has incurred significant losses in recent years,” Ford said in a statement, blaming “the industry shift to electrified vehicles and new competition”.
The move will affect 2,900 jobs in Germany, 800 in the UK and 300 in western Europe by the end of 2027, a Ford spokesman told AFP.
“It is critical to take difficult but decisive action to ensure Ford’s future competitiveness in Europe,” said Dave Johnston, Ford’s European vice-president in the statement.
The company also said it was adjusting the production of its Explorer and Capri models, resulting in reduced hours at its Cologne plant in the first quarter of 2025.
Europe’s car industry has been plunged into crisis by high manufacturing costs, a stuttering switch to electric vehicles and increased competition in key market China.
Germany’s Volkswagen has been among those hardest hit, announcing in September that it was considering the unprecedented move of closing some factories in Germany.
“The European automotive industry is in a very demanding and serious situation,” Volkswagen CEO Oliver Blume said at the time.
Ford had already announced in February 2023 that it was planning to cut 3,800 jobs in Europe, including 2,300 in Germany and 1,300 in Britain.
The company said then it was planning to reduce the number of models developed for Europe, concentrate on the profitable van segment and speed up the transition to electric vehicles.
Ford currently has around 28,000 employees in Europe with 15,000 in Germany, according to the company’s works council.
President Bola Tinubu has approved the dissolution of the Governing Council of Nnamdi Azikiwe University (UNIZIK), Awka, Anambra State, and the removal of the institution’s Vice-Chancellor, Prof. Bernard Ifeanyi Odoh, and Registrar, Mrs. Rosemary Ifoema Nwokike.
The council, chaired by Ambassador Greg Ozumba Mbadiwe, comprised five other members: Hafiz Oladejo, Augustine Onyedebelu, Engr. Amioleran Osahon, and Rtd. Gen. Funsho Oyeneyin.
A statement released on Wednesday by presidential spokesperson, Bayo Onanuga, revealed that the council was dissolved following reports of procedural violations in appointing the vice-chancellor.
According to the statement, the council had allegedly appointed an unqualified candidate, disregarding due process, which triggered tensions between the university’s Senate and the council.
The Federal Government expressed dismay over the council’s actions, emphasizing the need for adherence to the university’s governing laws in decision-making.
“The council’s disregard for established rules necessitated the government’s intervention to restore order to the 33-year-old institution,” the statement noted.
In a related development, President Tinubu also approved the dismissal of Engr. Ohieku Muhammed Salami, the Pro-Chancellor and Chairman of the Governing Council of the Federal University of Health Sciences, Otukpo, Benue State.
Salami was accused of suspending the university’s Vice-Chancellor without following the prescribed procedures, a move the Federal Ministry of Education had previously directed him to reverse.
Despite the Ministry’s directives, Salami reportedly refused to comply and resorted to issuing threats and abusive remarks towards the Ministry’s officials, including the Permanent Secretary.
The Federal Government reiterated that the primary role of university councils is to ensure the smooth operation of academic activities, strictly adhering to the laws establishing each institution.
Tinubu warned university councils against engaging in actions that could destabilize their institutions, as his administration remains committed to enhancing the nation’s education system.
The Ekiti State Government has reached an agreement with labour leaders in the state, signing a Memorandum of Understanding (MoU) for the payment of the N70,000 minimum wage approved by the Federal Government.
Addressing journalists at a brief ceremony in Ado-Ekiti on Tuesday, the Head of Service (HoS), Dr. Folakemi Olomojobi, announced that the payment would commence immediately.
She lauded Governor Biodun Oyebanji for prioritizing the welfare of workers despite the state’s limited resources.
“This development demonstrates the governor’s commitment to improving the livelihood of our workers,” Dr. Olomojobi stated, highlighting the proactive measures taken by the administration to ensure prompt implementation.
In their remarks, the Trade Union Congress (TUC) Chairman, Comrade Sola Adigun, and the Nigeria Labour Congress (NLC) Chairman, Comrade Olatunde Kolapo, expressed their appreciation to Governor Oyebanji for fulfilling his promises to workers.
They confirmed that the new minimum wage would apply to all cadres, including employees in ministries, parastatals, agencies, and pensioners.
The Chairman of the Joint Negotiating Committee (JNC), Comrade Femi Ajoloko, described the implementation as a fair and commendable adjustment.
“This decision reflects the governor’s magnanimity and his dedication to fostering a productive workforce in Ekiti State,” he said.
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