Legal community in turmoil over fraud allegations against Bar president

Members of the legal profession have continued to react to allegations levelled against the president of the Nigerian Bar Association (NBA), Paul Usoro, SAN by the Economic and Financial Crimes Commission (EFCC).

Whilst many believe that the commission is not only meddling with the affairs of lawyers, as it relates to professional fees but is also on a witch hunt against the bar leader, others hold the view that Usoro, as an individual, has a genuine case to answer to the financial crimes commission in court.

The first of such reactions emanated from the office of the Publicity Secretary of the NBA in a statement tagged, “ASSAULT ON THE LEGAL PROFESSION MUST STOP.”

It read, “Is the EFCC’s persecution of the NBA President not an attempt to test the unity and brotherhood of the bar? Of course there is a bigger issue here: policing the fees lawyers charge clients. Therefore, the persecution is not primarily targeted at the person of Paul Usoro, SAN. It goes beyond the President. It is an attack on the sanctity of the age-long immutable and judicially established doctrine of lawyer-client privilege. 

“The NBA President represents an institution and it is that institution that is being targeted. It happened to the Judiciary and we thought we were spared. They also tried it with Mike Ozekhome, SAN and E.B. Ukiri.

“No government agency has the power to regulate fees charged by members of any profession. Lawyers have the right to take up briefs pro bono or also charge any amount. It is equally the right of the client to reject or accept the terms of engagement. Third parties have no locus standi in contractual matters. They are meddlesome Interlopers. 

Should we allow EFCC to continue this persecution? Today, it is the NBA President; tomorrow it may be used as a precedent to launch criminal investigations into fees charged by members of the Nigerian Medical Profession, ICAN, NSE and other professional bodies. 

“Do we stand aloof or sit on the fence and allow such brazen intrusion on our privileges? Do professionals now allow external regulation of professional fees or we should investigate the sources of fees paid to us by their clients for services rendered, before accepting the fees?  Do we continue to say, as lawyers, we are not individually affected?  We must stand up against attack on our Noble profession!”

Commenting on this reaction from the NBA publicity secretary, an elder of the bar and Senior Advocate of Nigeria (SAN), Jibrin Okutepa had this to say:

“I read the statement by Kunle Edun to the effect that the planned arraignment of Mr Paul Usoro, SAN will be an assault on the unity and nobility of the Nigerian lawyers.

“With the greatest respect to Mr Kunle Edun, his write up is laden with sentiments and whipping of emotions and it failed to address core issues of law and ethics of the legal profession.

“First there is no attack on the noble profession. We must stop whipping up sentiments. The legal profession is a noble profession. It does not encourage conduct that aids and abets wrongs. The charge I read does not attempt to regulate the fees charge. The charge does not try to intrude into client lawyers’ relationships.  The charge seems to question the propriety of a lawyer being paid from government coffers for a brief done for private citizen.

“Whether that is right or not can only be decided by the court to which the matter has been turned over to. The charge wants to know whether what was done was right or wrong.

“I believe what is wrong is wrong and no amount of baptismal colouration can give a wrong the true meaning of right. We must be ready to learn and set precedents. The only institution that can set binding precedents is the judiciary. I get worried when as lawyers we play to public gallery and then ignore really issues. I am not going to allow myself or any other right thinking members of the Bar to be dragged into purely what is Mr Paul Usoro SAN personal issue with security agents. The issues of fees he allegedly collected for the alleged briefs he did for his clients are or were not done in the cause of his duty when he started occupying the seat of the president of NBA. This issue was there before he put himself forward for NBA election. Even the election that led to his being declared NBA president is still subject of both ethical and criminal controversies. As lawyers we must avoid sentiment.

“Sentiments command no place in legal proceedings. I have said before and I say here again that as lawyers we must live above board. As lawyers we have no immunity in our clients lawyers relationships if and when crime is alleged to have been involved in the cause of that relationship. As lawyers we must respect judicial process.

“The issues involving Usoro SAN have been turned over to the judicial arm of government. We should and must have confidence in the judicial process. Taking to social media to campaign as it were that Mr Paul Usoro SAN is being persecuted with respect amount to interference with judicial process.

The court before which he has been arraigned is the only competent authority that can make the pronouncements.  Those who believe in his innocence can join the legal team to present his case in court. I do not see his arraignment as harassment of the Bar or Nigerian lawyers.

“Nigerian lawyers have to obey the law of the land. The only persons who by my limited knowledge of law have immunity from criminal and civil prosecution while in the office are the President, Vice President of Nigeria and Governors and Deputy Governors of the states in Nigeria. As lawyers we owe a duty of respect to and obedience to the rule of law and due process. I say no more. God bless Nigerian lawyers and the Federal Republic of Nigeria.”

Also lending his voice to the issue, Corporate Commercial lawyer, Tolulope Aderemi said, “I have carefully followed the unfolding events of the EFCC and the NBA President, Mr Paul Usoro SAN & Others.

“In a Charge Sheet marked FHC/418c/18, the EFCC has accused Usoro SAN of conniving with others to divert the sum of N1.4b of Akwa-Ibom State Government funds to personal use contrary to Section 18(a) of the a Money Laundering  (Prohibition) Act and liable to be punished, if found guilty, under Section 15(3) of the same Act.

“The President has equally (during his NEC report) and subsequently a press conference re-echoed his innocence. The matter is now sub judice.

He continued, “Many of our colleagues and seniors/juniors have called for the resignation of the President on account of this. Some others have called the prosecution, persecution. I have called it none. The simple reason is because if law could speak for itself, it would complain of lawyers. We seem to be confusing the President’s legal and moral rights; both sometimes have a definition, which is the antithesis of the other. We sometimes confuse law for justice. The person of our NBA President deserves and must be treated fairly (as a matter of constitutional right) but at the same time be given the opportunity (as is now being done) to defend himself. He has a duty (as the Bar leader) to do so.

“Criticising the EFCC on social media will therefore not help Mr President at this time; rather let us direct our brilliant legal analysis to the team of very senior lawyers led by Chief Olanipekun SAN for a robust defence of Paul USORO SAN.

“I believe the learned SAN (if innocent) will get justice ; though justice may be blind, it certainly has sophisticated listening devices. God bless the Nigerian Bar Association (NBA)!!! God bless the Federal Republic of Nigeria!!!” Aderemi said  with a note of finality.

Emeka Nwadioke, Publisher of CityLawyer who also spoke on the issue said, “The fact of the matter is that it’s an entirely new day as between lawyers and money laundering. This is perhaps the second time the Bar is being called out on the issue of money laundering.

“The first time was the battle that snowballed into the “SCUML CASE.” Having won that case, though there were a few efforts by the NBA to spotlight this all-important issue, much of the efforts would seem half-hearted.

“In an era where other bar associations have provided copious guidelines to their members on their roles and obligations on the subject, the NBA would seem not to have aligned with this global best practice. The result is that most Nigerian lawyers are scarcely able to dimension the critical issues on the subject.

“It therefore goes without saying that the issues go deeper than some have attempted to make out. While the undercurrents of the instant case may not be glossed over, the more fundamental challenges facing the Bar regarding the subject must be confronted. We may again wish same away under the cloud of ‘NBA v. EFCC.’ However, the issues are unlikely to go away. They may yet bounce back in another form – hopefully not in more devastating forms. Is it a case of ‘Let’s get the bull out of the China shop before asking, who let the bull in’? Time will tell,” Nwadioke said.

Mild drama in court

Earlier this week, the federal high court was a field of play for lawyers from all over Lagos, as the President of the NBA made his appearance in court on Monday in the company of a delegation of legal heavyweights and ‘supporters’ to receive and answer the EFCC Charge against him.

The delegation of lawyers representing the NBA President was led by no other than the ‘Big Gun’, Chief Wole Olanipekun, SAN alongside seven Senior Advocates of Nigeria and 20 other lawyers, including the Chairman, NBA Lagos branch, Chukwuka Ikwazom.

The prosecution was represented by Rotimi Oyedepo.

The NBA President arrived quite early in court for his service and arraignment, while the EFCC officials were nowhere to be found. This punctuality by the President was commended by legal practitioners in court who saw it as a sign of one who had nothing to hide.

The Publicity Secretary of the NBA, Kunle Edun was heard saying “He has been waiting for them. The plan of the EFCC is to dramatise his arrest today and bring him to court. This has always been their style. Media trial.

For us, this is a battle against lawlessness of EFCC. The President waited for days to be served. He reached out to them to be served. They never did. Is this how criminal trials are now conducted?”

Another practitioner in court added, “Court time is 9am. What are the EFCC officials still doing in their office? If the service on Paul Usoro were so important to them, why wasn’t he served before today? But they served the media almost a week ago. Does this not just show that EFCC is not interested in justice but to pull down the NBA President as planned by them and their cohorts? The Bar must rise against injustice and oppression in the guise of law enforcement. The time to act is now!”

When the Prosecution (EFCC) finally arrived, not much progress was made as the prosecution still did not serve the Defendant (Paul Usoro) the charge but rather insisted that he goes with them to the EFCC office for service.

The matter was adjourned to 18th December for arraignment while the Court ordered the EFCC to serve the defendant personally.

As proceedings ended and lawyers trooped out of court, there was a mild drama within the court premises, as operatives of the EFCC attempted to forcefully take the NBA President to their offices. This move was foiled as the horde of lawyers who had gathered at the court premises in support of the president resisted this attempt.

The President of the NBA left the court premises in his vehicle and went directly to the EFCC Office at Ikoyi where he was served with the charge.

APPOINTMENT

In another development, the President of the NBA, Paul Usoro, SAN was the following day, Tuesday December 11, 2018 appointed into the Committee On Autonomy Of State Legislature And State Judiciary.

This appointment by President Muhammadu Buhari, was confirmed in a press statement by the Special Adviser to the President on Media and Publicity, Femi Adesina.

This is following the constitution of a Presidential Implementation Committee on Autonomy of State Legislature and State Judiciary in accordance with the 4th Alteration to the 1999 Constitution.

The purpose of the committee is to drive the actualization of the autonomy granted to the legislature and judiciary at the State level, and members of this committee include, Abubakar Malami, SAN, Hon Attorney General of the Federation and Minister of Justice, as Chairman; and Senator Ita Enang, Presidential Liaison (NASS), Secretary.

Representatives of State Judiciary include, Hon. Justice N. Ajanah, Chief Judge of Kogi State, Hon. Justice K. Abiri, Chief Judge of Bayelsa State; Hon. Kadi Abdullahi Maikano Usman, Grand Khadi, Gombe State Sharia Court of Appeal; and Hon. Justice Abbazih Musa Abubakar Sadeeq, Ag. President of the FCT Customary Court of Appeal.

State legislatures are to be represented by, Rt. Hon. Mudashiru Obasa, Chairman, Conference of Speakers of State Legislatures of Nigeria and Speaker, Lagos State House of Assembly, as well as Rt. Hon. Abel Peter Riah, Speaker, Taraba State House of Assembly.

The Judiciary Staff Union of Nigeria is to be represented by Marwan Mustapha Adamu; Parliamentary Staff Association of Nigeria, Comrade Bala Hadi; Body of Chairmen of Houses of Assembly Service Commissions, Musa Mustapha Agwai; Senate Committee on Judiciary, Human Rights, and Legal Matters, Senator David Umaru; House of Representatives Committee on Federal Judiciary, Hon. Aminu Shagari; the Accountant General of the Federation, and the Secretary of the National Judicial Council.

Others are: DG of the Nigerian Governors Forum or such other representative as the Forum may wish to nominate; Chairman of the Forum of Finance Commissioners in Nigeria; President of the Nigerian Bar Association, Paul Usoro, SAN; and Chike Adibuah Esq, representing Civil Society Organisations.

 

THEODORA KIO-LAWSON