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Court voids NBA’s investigation report against lawyer, says it breaches right to fair hearing

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File photo of Chibuzo Chukwueroka Ezike

 

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.

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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.

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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.”

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May Day: ASUU urges Tinubu, governors to prioritise Nigerian workers’ welfare

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...workers worse hit by worsening economic situation

The Chairman of the Academic Staff Union of Universities (ASUU), University of Ibadan Chapter, Professor Ayoola Akinwole, has implored President Bola Ahmed Tinubu and state governors to make the welfare and working conditions of Nigerian workers a top priority.

Speaking on Tuesday, Professor Akinwole emphasised the dire impact of Nigeria’s socio-economic challenges, particularly exacerbated by the recent fuel subsidy removal backlash and ongoing fuel scarcity, on the working class and their families.

In a statement released to commemorate the 2024 May Day celebration, Akinwole underscored the invaluable contributions of Nigerian workers to the nation’s development, despite enduring undervaluation and inadequate compensation from both government and private sectors.

“Nigerians, particularly the working class, are celebrating 2024 Workers’ day experiencing fuel scarcity,” lamented Professor Akinwole.

“Workers who are poorly paid will still have to pay hiked transportation fare. The inflation in Nigeria is killing, and many are getting malnourished as the cost of food items have skyrocketed.”

He highlighted the disillusionment stemming from unfulfilled promises by federal and state governments to improve wages and working conditions, condemning the stark disparity between government officials’ wealth accumulation and workers’ impoverishment.

Expressing gratitude to Nigerian security forces for their service, Professor Akinwole urged President Tinubu to ensure special welfare provisions for families of those who have lost their lives defending the nation.

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He emphasised that just as education is vital, the welfare of security agencies should be of utmost concern to the president.

Also, Professor Akinwole called upon the President to finalise agreements with ASUU and enhance working conditions for intellectuals in Nigeria, warning of a brain drain if lecturers continue to face inadequate compensation and poor working environments.

“If this trend persists, Nigeria will lose the talent needed to develop the education sector, while those lacking skills will secure employment with little to contribute,” cautioned Akinwole.

He urged the president to address this disparity and collaborate with ASUU to establish a living wage and improved conditions for public university lecturers, recognising them as essential patriots deserving of special consideration.

 

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Court halts Multichoice Nigeria’s tariff increase on DStv, GOtv

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The Competition and Consumer Protection Tribunal (CCPT) in Abuja has issued a restraining order against MultiChoice Nigeria Limited, preventing the company from implementing its planned tariff increase and adjustments to the cost of products and services scheduled to commence on May 1.

Presiding over the three-member tribunal, Saratu Shafii, granted the interim order on Monday, in response to an ex-parte motion presented by Ejiro Awaritoma, legal counsel representing the applicant, Festus Onifade.

In her ruling, Shafii directed MultiChoice to refrain from proceeding with the impending price hike set to take effect from May 1 until the hearing and determination of the motion on notice before the tribunal.

Also, she mandated all involved parties to appear before the tribunal on May 7 at 10 a.m. for further proceedings regarding the motion on notice.

The petitioner, Festus Onifade, filed a lawsuit against MultiChoice Nigeria Ltd and the Federal Competition and Consumer Protection Commission (FCCPC), seeking two specific orders.

These orders include an interim injunction restraining MultiChoice from implementing the impending price increase and any actions that could negatively impact the rights of the claimant and other consumers, pending the determination of the motion on notice.

MultiChoice Nigeria Ltd had previously raised the prices of all its packages on April 1, 2022, prompting legal action from concerned parties.

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Kogi Assembly Urges EFCC to Remove ‘Wanted’ Tag on Ex- Gov. Yahaya Bello

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In a recent session of the Kogi State House of Assembly, members passed a resolution urging the Economic and Financial Crimes Commission (EFCC) to remove the ‘wanted’ tag placed on the immediate past Governor of the state, Yahaya Bello.

The resolution was reached during plenary on Tuesday, following a presentation by Jibrin Abu, the representative of Ajaokuta State Constituency.

Abu brought forth a motion titled, ‘A call to end all false, frivolous, fictitious, and far from the truth smear campaign against the former Governor of Kogi State, Alhaji Yahaya Bello.’

Abu alleged that the anti-graft agency had been engaging in a witch-hunt against Bello, stating, “Kogi State, by allocation standard, is not rich so much so that N80.4b will be missing that the State will not be shaken to its foundation. This claim by the EFCC should be sanctioned and taken as laughable. Innocent Nigerians and Kogi State citizens that bought into the lies should by their personal volition withdraw their support.”

Former Deputy Speaker of the House, Enema Paul, echoed Abu’s sentiments, urging the EFCC to uphold the rule of law.

In his ruling, Speaker Aliyu Yusuf emphasized the importance of the EFCC operating within the boundaries of the law.

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He stated, “This House is not against the EFCC doing their job but they should do it within the ambit of the law and not in a Gestapo way. The country belongs to all of us, so we must respect the law and work with it.”

 

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