Lawyers move against corrupt colleagues

The Lagos Branch of the Nigerian Bar Association (NBA) has held its yearly Law Week. The members examined the state of the nation and explored new areas of law practice. Over 20 resource persons presented papers on criminal law and prosecution, arbitration, oil and gas, among others. JOSEPH JIBUEZE, PRECIOUS IGBONWELUNDU and FISAYO IGE report. Lawyers have vowed to expose their colleagues who are corrupt, calling for "strong punishment" for graft. They called for the imposition of disciplinary measures against those who work to delay quick dispensation of justice. The lawyers condemned the practice of prosecutors "rushing" to court with improperly investigated cases in the name of anti-corruption campaign, saying such can do more damage than good to the campaign. These were contained in a communiqué issued at the end of this year’s annual law week of the Nigerian Bar Association (NBA), Lagos Branch held last week. The week-long event had the theme: New frontiers, challenges and opportunities of legal practice in a growing mega-city. It began on Monday with a legal clinic, a visit to an orphanage and Ikoyi prison, and a meeting of the Young Lawyers Forum with bar leaders and senior lawyers. Opening ceremonies were held on Tuesday, which included a keynote address by former Lagos Attorney-General and Commission for Justice Prof Yemi Osinbajo (SAN), a showcase session, and bar and bench forum. From Wednesday, breakout sessions began, with papers presented by experts in areas such as maritime law, general practice, oil and gas, criminal law, infrastructure law, family law, capital market, energy law, banking, among others. There was a bar dinner and an award night, in which individuals, such as Lagos State Governor Babatunde Fashola (SAN); his predecessor Bola Tinubu; Osun State governor Rauf Aregbesola; former Chief Judge of Lagos Justice Inumidun Akande, were honoured. A press conference/reading of the communiqué were followed by a closing party on Friday, with lawyers dancing to both old and new-school tunes. They felt even more elated sharing the dance floor with former Law School boss Dr Kole Abayomi. In the communiqué, signed by Chairman Taiwo O. Taiwo; Secretary Alex Muoka and Law Week Committee Chair Hannibal Uwaifo, the lawyers said there is the need to encourage and sustain interaction and dialogue between the bar and the bench to ensure integrity in the judicial system. They resolved to encourage lawyers to develop specialist skills in specific areas of law, and to pull their resources to form 21st century law firms as the era of sole practice is gradually drawing to a close. NBA said governments should take immediate steps to improve infrastructure and invest in technology for effective and timely dispensation of justice. It urged President Goodluck Jonathan to inaugurate the new leadership of the National Human Rights Commission, adding that lawyers should approach the court to challenge any law or regulation that tends to discriminate against any person. The lawyers want quick passage of the Petroleum Industry Bill, a review of the Investment and Securities Act to strengthen the oversight functions of the Securities and Exchange Commission and reduce the cost of listing in the capital market. They spared a thought for women saying: "In view of the effect of modern-day life on women and children in families, legislatures should make laws that would enable mothers to close early if they so wish to attend to their families." On electricity, they said: "We support government’s attempt to improve the power sector through deregulation. However, every effort must be made to ensure that deregulation creates a fair balance between investors and customers." Fashola, who was represented at the opening session by the Attorney-General/Commissioner for Justice, Mr Ade Ipaye, said his government’s increased capital expenditure on infrastructure has provoked a commensurate increase in private sector investment. He said: ‘’However, there can be no meaningful and lasting capital development in any mega-city without the instrumentality of the law and the assistance of lawyers. "That is where our challenges as legal practitioners lie. In the 70s and 80s, the most complicated transactions lawyers were called upon to advise on commercial contracts, mortgages and perhaps some mergers and acquisitions. "Now, new vistas have opened up in legal practice. Nigerian lawyers have to compete on the same terms with their counterparts in the world. On our part, Lagos State has enacted the Partnership Law to encourage law firms and other professions to migrate from sole proprietorship to limited partnership." Speaker of the Lagos House of Assembly, Adeyemi Ikuforiji, in his goodwill message, praised the lawyers for their contribution to the rule of law in the state, and urged them to desist from filing "frivolous cases.’ He said: "I crave your indulgence to remind you that the challenges of a growing mega city like Lagos are enormous enough without the added burden of frivolous court cases which are a clog in the wheel of justice and serve as conduit for state resources. We are partners in progress." Former Chief Judge of Lagos, Justice Inumidun Akande, who retired on Sunday, said a cordial and harmonious interaction between the bar and the bench are essential for effective justice delivery, as it is difficult for one to exist without the other. Ipaye urged lawyers not to jettison the ethics of the profession in blind allegiance to a client’s interests and to push disparately for victory in court. Should that happen, he said: "There can be no doubt that society will assume a rapid run to disintegration, with lawyers, God forbid, as the arrowhead." He added: "If on the other hand, we hold aloft the ideals of justice, equity and ethical practice, then we can surely take on the role of stabilisers in society, using our renowned learning to enthrone law and order and to steer our society towards civilisation. "We must, therefore, find time to look back on what we do in court. What we do in chambers and how we advise our clients generally, making sure that we have only a positive influence on events around us." Former World Court judge, Prince Bola Ajibola (SAN), , said more integrity is needed in the judiciary, which can be achieved through dialogue. Ajibola, who was also an NBA President, said: "Between the NBA and the judges, we need some fora whereby we should be able to discuss with our judges matters of particular interest. "If we don’t call a spade a spade, we may lead this country into chaos. We should be ready to put our houses in order. We can’t let things deteriorate without taking any action whatsoever. We should wake up. There is need for dialogue," he said. A lawyer, Pa Tunji Gomez, called on the government to create special courts to dispense cases that are above 10 years in court, describing the situation where cases lingered in court for 10 years and above as "justice for the dead". He said courts should be created purposely and solely to clear old cases, adding that such courts should be manned by retired judges or senior lawyers. Pa Gomez berated lawyers who raise preliminary or other objections to delay cases, even as he called on the NBA to institute disciplinary measures against such lawyers. "I recommend that lawyers who deliberately raise objections that will delay the hearing of cases contrary to constitutional provisions should be punished because it is an attempt to disrupt justice. "We need a commitment by the bar to ensure that cases are not delayed because people suffer unduly." On the issue of courts hearing cases of Senior Advocates of Nigeria before others, Pa Gomez noted that such a practice also encourages delay in judicial process, even as he insisted that cases should be heard on merit and age. He fingered oppression of the SAN title on junior lawyers and non-SANs as part of the delay. Recounting an experience, he said: "When I was over 48 years at the bar, I had a case in court and there were about six SANs in court that day. My matter was adjourned for six months and after six months, a similar situation occured and my matter was adjourned for another six months because I am not a SAN, making one year. So, to discontinue the endless adjournment of my matter, I had to get a SAN, who happens to be my classmate and my matter was heard first on the next adjourned date because he was the oldest SAN in court." He said the constitution provides for speedy dispensation of cases, but there are cases lingering for over 10 to 15 years in courts. "I can show you a list of over 2,000 cases that are over 10 years in courts, and I think Lagos, particularly, should be provided with more courts." He maintained that the legal profession is a matter of conscience and urged lawyers to disengage from acts that make rubbish of the profession. "This is a profession for honest, dedicated people. We must not allow charlatans, nouveau rich, and impostors to take the profession away. It is a matter of conscience and we must protect it," he stressed. On ethics and law practice, Chief Mary Bassey admonished young lawyers to uphold moral and professional duty towards their clients, colleagues and the court irrespective of debased values and orientation in the society. "A lawyer should do all he honourably can to defend the interest of justice for his client; he should always remember that he holds allegiance to the call of truth and justice. In a society bedeviled by corruption and moral decadence, a lawyer can only maintain high ethics by practising with integrity. "The values have changed, lawyers believe it is either you join the rest of the society or you’re left behind because some clients will dump lawyers who hold onto ethics for those who will do their bidding. So, young professionals need to decide not to belittle their standards for what ever reason. "Do not allow yourselves stray from the path of truth and justice expected of you so that you do not lose your respect."　 For the maritime session, President, Maritime Arbitrators Association of Nigeria, Chief Gbola Akinola was chairman; Prof. Akin Oyebode; legal adviser Nigerian Maritime Administration and Safety Agency (NIMASA), Matthew Egbadon, as well as Director-General, Nigeria Chamber of Shipping, Ify Anazonwu-Akerele were speakers. Oyebode said the key element of bill of laden runs through maritime practice. He acknowledged maritme lawyers to draw a distinction from goods and cargoes and that the risk of destruction of a property falls on the owner. He said understanding of the sector would help lawyers draft necessary legal documents for companies and called on practitioners to train in maritime as it is lucrative. Combating piracy was the thrust of Egbadon’s discussion, noting that its incidence on the waters has been a cause of concern to maritime practitioners, especially NIMASA, which has a responsibility for safety and security of the country’s　　　maritime domain. He said the country relies on cross border trade to sustain its domestic economy, saying it is imperative to protect the maritime domain against acts that are inimical to the her economy. He noted that though Nigeria is a signatory to the United Nations Law of the Sea (UNCLOS) 1982, there is no stand alone legislation underlying piracy and hence providing for the prosecution outside.