NBA Elections: Why lawyers think Odinkalu is on a smear campaign

In the wake of allegations made by the former chairman of the National Human Rights Commission (NHRC), Chidi Odinkalu accusing a bar leader and founding partner, PUC, Paul Usoro, SAN, of bribing a judge and thus unfit to lead the bar, many have come out in defense of Usoro, stating that the accusations based on facts before the Economic & Financial Crimes Commission are untrue and baseless, thus questioning the motive behind what they have described as ‘Hate Campaign’.

A senior member of the bar had this to say, “If all this is indeed has been said Prof. Chidi Odinkalu, then I must be very disappointed that he as a lawyer whom I thought to be of repute would allow himself to be drawn into political arena and kicked around like a football for the benefit of those who are playing him.

“It looks like he has an interest he is being used to push against Mr. Paul Usoro. That’s the only reasonable explanation for his behaving like a cheap layman when he wrote in black & white that Paul Usoro is charged with…

“A lawyer would have mentioned the Court where the charge lies & the stage of the trial. He knows that there’s no charge against Mr. Usoro anywhere. The fact that he was invited to aide with some facts in connection with the investigation of another does not anywhere in the world make him an accused, not even in a military era. If he was even accused, was he ever charged to court after investigation? Has he been tried? Has he been convicted?

He continued, “Chidi Odinkalu as a lawyer should know better. When supposed professionals get dirty about politics, they throw caution, civility, professionalism & even common sense to the winds. This is most unfortunate. Chidi should publish a public apology to Mr. Usoro.”

Another lawyer, Sarumi stated in a worried and perplexed tone, “Chidi is a very brilliant lawyer as his credentials would bear. However, my disappointment knew no bounds by the time I finished reading what can at best be described as unprofessional and unscholarly. And I am only curious as to why he would descend so low to attack a man who is an embodiment of integrity, diligence and professionalism.

He goes on to speak about the basic principles of criminal procedure law in Nigeria.

“Every Nigerian lawyer worth his onions knows these principles. However, for the avoidance of doubt and especially as someone who is supposed to be a repository of knowledge has just betrayed his credentials, I think it is best that I address the principle here.”

Sarumi attempts a definition here: “Where a person is suspected to have committed a crime in Nigeria, he may either be arrested by law enforcement agents or in some cases- as it is practiced in the Northern States- directly taken before a Magistrate Court by a Complainant vide a Direct Criminal Complaint (“DCC”). Where law enforcement agents effect an arrest, they are expected to conduct a discreet investigation into the allegations against such person and make a judgment thereon whether there is enough ground to prefer a charge against him in the appropriate Court or not. Where a person is dragged to Court vide a DCC, he is asked to take his plea to the allegations against him and where he denies, the matter is referred to the Police for investigation after which a report is made to the Court which would inform the next decision of the Court.

Sarumi states at this point that “In all of these, it is clear that a person should and would only be charged for a crime where investigations reveal that he indeed has a case to answer.”

In the same vein, the law firm of Paul Usoro and Co has also come out to expound in full, the matter on which these allegations are predicated upon.

Munirudeen Liadi, a partner of the firm, offering these clarifications said, “We have read with utter disbelief and horror, Chidi Odinkalu’s recent hate campaign against Mr. Paul Usoro, SAN FCIArb using as peg the well-publicized gifts totaling N450,000.00 that were given to Honourable Justice James Agbadu-Fishim of the National Industrial Court by Mr. Usoro, in 3 (three) tranches of N250,000.00, N100,000.00 and N200,000.00 over a period of almost 8 (eight) months spanning August 2014 to March 2015.  The circumstances of Mr. Usoro’s gifts to His Lordship has been fully set out and detailed in Mr. Usoro’s 3 (three) letters of 31 October 2016, 07 November 2016 and 23 November 2016 to the Economic & Financial Crimes Commission (“EFCC”) which are already in the public domain and require no regurgitation.

According the Liadi, the judge and Usoro have been friends and were known to each other long before he joined the bench.

He said, “Mr. Usoro pointedly, categorically and consistently disclaimed any suggestion that he bribed or wished “to induce Honorable Justice Agbadu-Fishim or any other judicial officer” and stated in his letters to EFCC that he “does not bribe or induce Judges” and “has never bribed or induced any Judge”.

Liadi insisted that there is no way their principal could have bribed the judge because N700, 000 was paid for the only case which the chambers handled before the judge, and wondered how possible it would be to pay about 65 percent of the fees to the judge as bribe.

“The contents of Mr. Usoro’s letters to the Economic and Financial Crimes Commission (EFCC) have not been factually disputed howsoever by anyone. Mr Usoro has not been charged to court for any infraction whatsoever and yet, Chidi Odinkalu claims in his recent hate publications that “Paul Usoro is charged with having bribed James Agbadu-Fishim” and that Mr. Usoro admitted “to having bribed a judge”.

“These are wholly untrue statements. As if these mischievous publications were not sufficient, Chidi Odinkalu proceeded further to purportedly conduct a vox populi to determine whether “when a lawyer pays N450k to a judge before whom his firm has a case (without telling the other side) it’s called (a) charity; (b) bribe; or (c) donation” and according to him, the overwhelming majority of respondents classify it as “bribe”. That is a rather strange method for a lawyer to determine the commission of a crime.

“In point of fact, Chidi Odinkalu does not need to conduct a poll to determine what constitutes bribe and the ingredients thereof and its applicability to the present matter. Section 18(b) of the Corrupt Practices and Other Related Offences Act, Cap C31, Laws of the Federation of Nigeria 2004 (“ICPC Act”) could have easily and readily instructed him on what constitutes the ingredients of the offence of bribery, based on the specification thereat…,” the firm added that the law permits gifts to judicial officers as required by customs too.

The statement ended with Liadi saying, “Considering that this matter is sub judice, we would refrain from commenting thereon save to point out that (a) it is not a bribery charge; (b) Mr. Usoro is not a co-accused in this matter; and (c), as it relates to Mr. Usoro, His Lordship is required in this Charge to “reasonably explain” the monies that were gifted to him by Mr. Usoro, the circumstances of which are well set out in Mr. Usoro’s letters to the EFCC which is already in the public domain.  Yes, Mr. Usoro is listed as a witness in those proceedings, but his evidence for the prosecution can only be in the terms of his 3 letters to the EFCC none of which remotely raises the specter of bribery.

“Very finally, we want to thank all who have come to Mr. Usoro’s defense in this matter and to assure everyone that Mr. Usoro is an extremely hard-working lawyer who utilizes his God-given talents – and he is generously endowed by the Almighty in that regard even as we remain eternally grateful to Him for this – in the practice of his profession…”