JOS BAR LAW WEEK 2018

The law week is an annual event organized by the Nigerian Bar Association (NBA), for lawyers and friends. This particular law week titled the 21^st HON. JUSTICE AZAKI MEMORIAL LECTURES with the Theme THE ROLE OF LAWYERS IN ENGENDERING FREE FAIR CREDIBLE AND ACCEPTABLE ELECTIONS IN NIGERIA, was organized by the Jos Branch chapter and was held between the 30^th November and 5^th December 2018. Encouraging the coming together, socializing and sharing of ideas among members of “Jos Bar”. Usually it commences with the registration process which is in two phases, the first is the payment at the bank where one is expected to print out the receipt or evidence of payment and to submit same to the NBA secretariat. The second phase is at the venue of the event where one is expected to put down his/her name before receiving certain items which includes a tag, a bag and writing materials, which has been the tradition.  The venue for this particular occasion is the Millenium Conference Center, a very large hall and as at 9:00am lawyers were seen strolling in their numbers showing off their suits, shoes and bags. Photographers hovered around the hall like eagles looking for a prey, the photographers inside and outside are trying to convince lawyers to take photographs, I even took several photographs myself. While Some lawyers were busy taking pictures some where busy exchanging pleasantries even exchanging hugs the atmosphere is so relaxed that even very senior colleagues socialize freely with their very junior colleagues.

The actual event started at about 11:00am when the M.C a lawyer himself took the microphone and welcomed everyone to the occasion, he started by recognizing the presence of the learned senior advocates present, the speakers ….. at about 12:00pm his excellency the executive governor walks in with his entourage. The opening prayer was said by barr kekemeke a one time chairman of the Jos bar. The opening speech was made by ….. (click on this link to read the speech).

Chief G.S. Pwul S.A.N started with a brief adumbration and adopted his address…. His speech was followed by the chairman of the jos branch of the NBA. (click on this link to read the speech). The chairman of the event made his presentation (click on this link to read the speech). The AG also made a presentation (click on this link to read the speech).

The chairman of the NBA jos branch took the podium and established protocol which he posited had not been established. (click on this link to read the speech)

The chairman of the occasion also made a speech (click on this link to read the speech)

This was followed by a speech from the AG of plateau state (click on this link to read the speech)

The Hon justice D.G. Mann also gave a speech on behalf of the chief judge of plateau state (click on this link to read the speech)

At about 1:25pm drummers took the stage to entertain the attendees. Even while the speeches were on, drummers could be seen strolling in and out of the stage which was a bit awkward.

The governor of plateau state his excellency …. Made his speech (click on this link to read the speech)

After which the guest speaker took the stage (click on this link to read the speech)

The law journal was launched at the end of the event and several persons were called to make donations towards the launching. As soon as the launching was concluded several copies were sold at a common rate.

The LECTURE BY PROF. GE GEWADO was quite interesting indeed an orator, he was joined by Nde jonathan, mallam hamir audu as discussants.

The erudite Professor of Law started by stating thus, Rosco pound was a biologist who ended up being a philosopher in terms of discipline, his contribution despite limitations of “unlearndness”. The sophistication of the digital age has not arrived at my door step. We cannot continue to be relevant forever, referring to his generation, we must allow space for the younger ones to come over. To a place where I could refer to in my taught process, PDP man CAN man. If men and women who have professional disposition engage in politics, they will become biased towards their political associations. More lawyers should engage in politics . I have made the argument that there are no ethical reasons to organize the necessary attachment, all the money paid at the law school council of legal education. Any law student must have gone through the university and have knowledge and competence to manage the idiosyncrasies of life because the legal profession chases justice. A credible election is that which is just to all parties, so how do we mediate or mitigate the crises. Nigerian history is a trilogy made up of the pre-colonial, colonial and independence but the vagueness of the electoral process, whether selection or election the end result is that somebody is chosen. In the traditional sense when an Oye dies the elders sit and select another. Admittedly, flawed traditional selection happen because of the intervening factors. The governor approves the appointment of traditional rulers. The case of Dogondaji where Ibrahim Dasuki took advantage of Babangida and usurped the throne. The traditional process has a way of mediating itself. The electoral process in the political domain …. During the colonial times parliamentary system existed unlike in presidential system with its challenges and opportunities such as the crises between 1960-1966 which according to some theorists may well be the basis of the 1966 coup lead by Chukwuma Nzogwu, who in his speech attributed the coup to corruption, whatever the reasons he meant well. The first republic did not have much money. The west had a social dent however education flourished. Regionalization of politics made it easier to isolate regions from collective failure. The second republic moved to the presidential system which ushered in ballot box snatching however, in 1983 the second republic was truncated. And the military took over, military interregnum cannot be clothed with civilian republic now we are at the third republic and the challenges have continued and now we have to contend with the problems of vote buying or monetization of the electoral process, will it be beneficial for the common good and will they be responsive to the needs of Nigerians? The purpose of government is welfare and security. What happened to chapter 2 of the constitution, to the utilitarian greatest number and greatest comfort to emerge with leaders that can deliver. Lawyers are human and have dual characterization as professionals they take care of us as humans but lawyers also have to survive, what do we know that others don’t? a lawyer is a minister in the temple of justice, justice in this sense means a fair , credible and free election. As lawyers we must turn back to our ethical training by avoiding ambulance chasing among other things, even if it means we may not have patronage. Our senior colleagues are unjust to the junior ones, as lawyers we must see ourselves as officers in the temple of justice we must ensure that we are diligent with Our Clients cases, and we are honest with the courts. Some lawyers institute frivolous and vexatious petitions. Remember the litigation instituted by the association for better Nigeria relying on judgments of the court to scuttle JUNE 12. Justice extends beyond clients interest beyond national space. I think we are likely to lose this election and pray that giving the security situation it would be easy to say that by virtue of the constitution. The national demands of the country is much more important than the individual interest, any lawyer who has led a constitutional case knows. Constitution imposes further ethical things. We can frustrate national positions by taking advantage of the law. But lawyers must remember that they are also lawyers within an association in order to engage electoral process. The not too young to run do not have the money to contest. NBA can be a vanguard for constructive engagement we can network with them. We are more gladdened that lawyers cannot be on lookers by the time you are called …..this is the year of the 1978 bar we have the CJN…….. come to us we just clocked 40. We are a mentoring class, we are putting all structures …. As solicitors and advocates we are popularizing that which is desirable. The solution to the challenges the electoral process is facing may not be legal. Failure for crimininalize these activities is fatal. We are also facing a political problem at the level of politics we are trying it means the bar will be at the receiving end, if we remember Amechi and Ararume….. there was disrespect of the court order. Whether it is credible to accept court orders, every regime has its ideologies. I see our role as playing out our professional context as lawyers. The judiciary must. I am not a voting member but an inner most member of the bar. If you say you are not going to teach then there won’t be any body to teach your children. The bar has set an agenda in the electoral process, you get to a point where you begin to vote, what we have is a half hearted approach. Elections are held in the state coordinated at the federal level in the USA, we are all concerned about our professional ethics, the issue is about the Nigerian dispensation for Nigeria to engage in, the electoral process as participants if you don’t know. If you decide to take politics to the court we will go to the court. if a judge is saddled with an electoral panel he will do his best. For some emotional commitment to the paper I prepared let me read what are concluding remarks…… (click on this link to read the speech)

The first discussant a journalist ….. my task is to fill in the blanks, lawyers play several roles. The entire electoral process is driven by law. Lawyers unlike the electorates… it is expected that they are involved in the process together with civil society organization to ensure that elections are credible and free. The emphasis on learned gentlemen of the noble profession, we have known lawyers to endanger the free and noble process as lawyers. You have a special role to play. Journalist must tell the truth, lot of atrocities committed by people who ought not to. Commitment to what is right justice involves fairness and freedom. We are experiencing difficulty in support of their moral commitment the society ensures that every one is free. The success of the American political system and beauty of its laws is that half of all American presidents are lawyers…. The highest profession among congressmen is law. The framers of the constitution were lawyers. Lawyers have greater ambition in politics. Independent status. Lawyers have affinity in making laws but the processes involved during and after. The laws they made are better original based on skills and practice. The presentation by the SAN mesmerizes people. Instinctive proclivity for justice and due process. Apart from promulgation laws 2007 the NBA contributed about 20000 lawyers for election duties instead of corpers…. Litigation we are unduly critical of lawyers who pursue their cases what ever it is we have seen how lawyers improve their electoral laws. Judges should be more activist but should not place too much on technicalities. One Governor told his candidate to go and win by all means. The law would allow the manipulation of the system.

The third speaker… mallan harun audu, the speakers have raised a number of issues we can engage. Prof gewado said NBA we are in the vanguard of playing a constructive engagement. Justice is a 3 way streak justice to the parties the court and society. May lawyers see the post elective period as the most attractive, we owe our country a duty you are a two edged sword one side is evil one side is good. You can deploy the law for all the wrong purposes many of us tend to approach. Harness your intellect in making sure the society becomes a better place. Nelson Mandela and Gani fawehinmi we saw it in Gani’s case. We need to be involved in the voters registration exercise. Observe and collect report monitoring elections, lawyers can say from point A to C this infractions took place. We should provide training our progression. I have complained the quality of lawyers, the truth is we must understand that, capacity what we can impact the electoral process when we are to the role of the entries process so that when we make pronouncements they are respected like our friends in the national assembly have spent time on the quality of laws. It is the behavior of the political class. Which calls to question electoral offences must be punished.

The M.C announces that the cocktail will take place at 6:30pm. Three people no questions no comment.

Chairman of the central planning committee asks lawyers to come to the cocktail in native wear or regulation dress.

VOTE OF THANKS

Secretary we have available the penal code and ACJL at the cost of 2000 and 2500 respectively gender and equal opportunity laws are also available. Institute of continuous legal education form should be filled and submitted tomorrow. Those duly registered the NBA is highly honoured, thanks and appreciate justice DG Man. We recognize the governor the chairman donal nwonan who travelled to pankshin and the discussants. Appreciation the honourable AG. And speaker. On this note we appreciate each and every one of you. Every resource person urge us to come this evening and to come early.

Head of service Mrs hulda finchi and closing prayer was said at 5:50pm.

At 10:01am the following day the bar and bench forum which forms part of the compulsory legal education commences. The chief registrar comes in trying to ensure that the sits and every other thing is ready for the event. He draws the attention to some issues related to the setting of the hall.

The anchor in the person of Barr Nwiwu commences anchoring at about 10:31am by recognizing the presence of P.E. Damulak, the chairman Pwul SAN and the chairman of the branch, Chief Registrar of the high court Mr Joffery Daniel Chief Registrar of the customary court of appeal.

The chief Registrar takes the podium, beginning with the fact that he is standing in for the Chief Judge of plateau state who is out on an official assignment to Abuja. Recognizing the presence of the Senior advocates and other dignitaries. Everybody starts from the foundation, in terms of numerical importance the lower bench handles more number of cases. Thirdly, it is also from the lower level that we are elevated to the high court bench. This interactive forum is of great importance, the bench and bar are not mutually exclusive. He announces that for the first time the police is featuring, for us it is an opportunity but we must use the language of the bar. There are always problems. We should diagnose and proffer solutions. The former C.J was a magistrate for a very long time.

The topic THE RELATIONSHIP AMONG THE POLICE, LAWYERS, THE LOWER BENCH IN THE ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM IN PLATEAU STATE.

Hon . Samuel Dezel spoke on the topic and apologized for his voice being sore, he pointed to the relationship between systems and that the problems surrounding filing of motions that are not relevant to the subject matter in a case needed to be dealt with. Secondly, the unnecessary adjournments which delays justice saying justice delayed is justice denied, thirdly, unnecessary writing of petitions, draw the attention of the judge before writing a petition.

There is a relationship between the bar and the bench and if both are fully conversant with this then there should be greater cooperation which should lead to speedier dispensation of justice. We should play our role as lawyers, the bench we learn from the bar where we have a weak position. Go to the issue of the matter….. while the presentation was on the attendance form was being circulated….. the presenter cited a good number of cases in support of his argument. The presenter spoke on the issue where clients lose confidence in the court or the suspects are set free due to lack of proper investigation and there is no evidence before the court.

The M.C. in addition raised the issue where lawyers look away from the court while addressing the court.

The representative of the police E.A.I presented a paper on the topic (click on this link to read the paper presented)

CHIEF SMART IRABOR adopted existing protocol, and commenced by commending the organizers for going further to invite men of STF & DSS and he did not use innuendos to describe the acts of the respective security outfits. He further told the NBA to not only invite the lawyers from these establishments to speak but also invite the commissioners and Directors as the case may be. He then looked into his paper ….(click on this link to read the speech)

A very learned Senior Advocate of Nigeria without mincing words had this to say …. The truth is that motions are necessary, every judge must develop themselves to be the master of their courts. What ever we do we will be accountable. There are genuine reasons why some one may seek for adjournments especially where a counsel must appear before a court at the expense of another because of the Judicial hierarchy of the courts except where it is in the character of a particular lawyer. He further admonished lawyers who are fund of writing petitions against judges to be more humane describing such act as a mean approach. If the magistrate is not doing the right thing there is provision for judicial review. Lawyers should always look at their dressing, I saw a lawyer that the colour of his shoes and socks were obviously riotous. Let us learn to dress properly. Issue of punctuality, he gave an instance of an American who had been chairing a meeting for 25years and through out those years he has never been late. He adviced courts who schedule visits to locus inquo not to fix cases for that day. The police feel that presumption of innocence is not existent, the rule of law must be defended by every stake holder every time we short circuit the process for convenience. The police is your friend, bail is free, police should not unduly oppose application for bail. Police being poorly funded a troubling dimension we have philanthropists donating, but there is lack of maintenance culture. Some officers go to their posts drunk and hit the pavement while driving, some even remove the engine and tyres of their vehicle. The presidency has given its word towards salary review. Mindset unwritten code the transaction is seamless lets expand the horizon by inviting the STF. Etc.

The former Chief Judge pleaded for more time as he mounted the podium to speak, he commented on the issues raised by other speakers. Having traveled across the globe he said that legal practice in plateau state is unique. He gave an instance that in Anambra a counsel got up and said his car was burnt because he was on an assignment but it was later discovered that his car was not burnt. He said that the number of awaiting trials is very low in plateau compared to other states. It is during the law week that we counsel ourselves. He observed that the attendance is commendable but expected more. He adviced the organizers to next time invite retired Judges.

At this juncture questions were asked by attendees among which were

Why do senior lawyers look down on lower court judges?

Why do senior lawyers dress shabbily to court?

What is the justification for court registrars demanding money for bail bond?

  What are the courts doing with regards to police failure to enforce court orders?

Should the court inform lawyers when the court will be sitting.

Among other questions.

RESPONSE

The anchor asked the audience to take note of observations and address issues, which he said is why we are here. The first responder said that the jurisdiction of the lower courts in plateau state have been raised.

Issues with filing of processes and post judgment procedures like garnishee, adjournment for enforcement, poor execution, recovery of possession in their natural domain.

Enforcement is authorized by deputy chief registrar of the magistrate court. the chief judge has instructed that court should be opened from 9:am to 4pm. Reward scheme for the lower courts, training at the National Judicial Institute. From 2014 – 2018 the state recorded steady decline in rape cases.

Central registry in Abuja under the office of the DCR litigation directed by the chief registrar.

Online filing and payments should be instituted.

Lawyers should express support for the NBA because they are our mouth piece. Issue of shortage of staff needs to be addressed. Record of proceedings should be made available. There should be a review of the high court civil procedure rules.

THE NBA CHAIRMAN took the micro phone at this point, to respond to an issue of which he said his attention was drawn to. The question of what role the NBA Jos played over the harassment and rascality of security personnel over the disappearance of the just retired general Alkali. The NBA Chairman stated thus, we did a press release in papers and social media like face book, we called human right committee NBA for investigations. Police should be involved in the military investigation. There was a department for investigation. At a stage the police could be involved, some suspects were handed over to the police, they are being prosecuted. We are not resting on our ores. If you have an instance where a police man is involved forward this complain instantaneously.

MR OBENDE thanked the attendees for their support and drew attention to the few copies of the journal left. He welcomed the very learned Senior Advocate of Nigeria in their midst….

SECRETARY

Dinner 6pm collected dinner cards from 9am invitees N3000 couple N2000 for individuals. Registrar legal mails with forms. Football match against NUJ Nigerian union of journalists Jos chapter. The secretary gave his vote of thanks.

YOUNG LAWYERS FORUM

DIGITALIZING- access to the internet is important there are 3billion active persons on social media. Over 160 countries. 1.6billion users on WHATSUP and with the advent of cloud computing, artificial intelligence pose a huge threat to jobs. i.e. CAC business name is now cheap, business name laws needs to be reviewed. Robots are being developed every day eg. ROSS can study the way contracts are made, online legal services. I.e legal zone and DIY.

A digitally transformed lawyer is knowledgeable. Contact reviewers, cyber prosecution, cybercrime. Online dispute resolutions. Skills in demand, what clients want- exposure or experience, video calls, enterprising. I took a course in Havard and prof nee udemi was my professor.

Branding – dressing, how you appear online matters such sites as linked-in. we need to be visible rule 39 does not extend to social media. Drop tips. Lawyers should know how to make videos.

Digital tools- piggy bank, google drive. SAFETY and SECURITY online always use complex passwords.

Characters

Alphabets- convert your name

Symbols

Numbers

Do not post financial information publicly. Boost your network security and avoid posting future travels or tips

Safe signing- know the website do not share content about people get consent to share.

YOUNG LAWYERS FORUM

Website committee, FIDA and young lawyers forum chairman were all present

CHAIRMAN

Session that will be held will be beneficial to all of us. Should not be tagged or give the impression that this session is only meant for young lawyers. No one should absent themselves.

SAN CHAIRMAN

The Chairman of the law week addressed the lawyers present, he started by saying that it is for younger lawyers intermediate and old. First to correct some errors. He said that there are different kinds of lawyers i.e. solicitors, trial lawyers, appellate lawyers. He stated that the multidoor court house law of 2017 and the court of appeal rules have made provision for mediation hence where will that leave a lawyer. The trend is shifting to ADR. Arbitration, mediation, conciliation law is liberal. Any body can refer matters to the multidoor. Reposition our selves pragmatically. What is the concept. Court connected center for ADR different alternative means not the door you adopt the method based on knowledge. The advantage of ADR is that it is cost effective but at the same time young lawyers should position themselves. The technicalities of litigation are not present in ADR and parties have to choose the umpire. Plateau state has gone ahead to empanel those identified as mediators and neutral, depending on the need of the parties the arbitrator comes up with terms of settlement and makes an award. Remarkably, the law provides that it is the chief judge that refers cases to alternative dispute judges. S24 places any counsel your clients want along the need. All disputes are referable to all courts and can refer them to the multidoor see section s447 of the ACJL.

ARBITRATION

The act is a federal law applicable to states as specific ADR the acts restricts it to commercial agreement addressing ADR the law has really changed. Take it up in court. Directive of come up with practice directions you must have an award before. Depending, everyone can appoint where it fails the court will appoint. The features are that they are quick, they are simple, they are inexpensive, they are free of technicalities, no amount of objection will apply.

ARBITRATION – there is no room for a third party except where the arbitrator is guilty of misconduct, error or fraud. The courts can intervene. In setting aside of awards. The young lawyer can be a mediator, negotiator or neutral.

WHAT TO DO

Acquire skills, network, become a member of available institutions and institutes it will help you.

It was announced that we currently have arbitrator UK branch.

MC- added that arbitrators earn more money and questions were entertained

Since there is a multidoor court what is the need to adjourn for report of settlement

Answers were proffered by the speakers as follows: There is no effective date, the date of assent the law has been gazette and the date is on it. It is not mandatory.

The necessity for settlement is a question for the judge it helps him to keep track of matters it is not needed.

WEBSITE COMMITTEE

A senior lawyer and a chartered arbitrator is the chairman he said the NBA portal & App those who are not IT compliant website has been there. Mr Kevin has been the website manager.

ICT

ICT is the synergy between computers and communication.

Computer is a programmable machine and stores data. Eg. Hard drive.

Part of computer:- hard ware, software and referral. Impact of IT on legal practice. To get the NBA app you can go to google store and search for NBA JOS, download or browse www.nbajos.org. see the landing page on the website member directory will deny you access because you are not a member so log in as a registered member. In the app click the black menu. Click login. Go to NBA jos portal you will see the link to the legal mail. See self registar under presentation, do verification of your email. Do it on the desk top or ipad so that they will send you a code.

FIDA  

The speakers introduced and explained what FIDA is and spoke on the ROLE OF FEMALE LAWYERS TO ENSURE FREE AND FAIR ELECTIONS. They expressed their displeasure on the increase in the rate of rape. They spoke about the equal opportunity law and that upper area courts seem to be preferred by the police for rape cases. They pleaded with the CJ to transfer rape cases to the high court.

In summary the paper examined the efforts of FIDA towards peaceful transition of power. It was reported that about 20 states will experience electoral violence due to farmer herders clashes, among rival political supporters, arms struggling. Using will to express future events. FIDA members are first mothers… they portray and preach peace.

HEALTH TALK

Before the health talk doctors were outside the premises offering free blood pressure check. The speaker made mention of a word Nicrophite, and warned the audience to beware of added sugar. He said that sugars have no nutritional value. He defined food as anything that provides necessary ingredients. He said the effect of sugar is negative and begins to affect people much latter in their old age. How much sugar is in the drink? Is a rhetorical question as most drinks contain a good number of sugar i.e lucozade contains 12 cubes of sugar. There is nothing soft about soft drinks because it usually contains sugar, aspartame, promade and morbid fat which causes morbid obessity. They are chemical compounds which are used as chemical experiments and those who take them are guinea pigs. He said BPO causes psychosis and cafen is used to reduce depression. He said the same drink is made to knock you down and pick you up. God has put a mechanism in the body. Diet coke contains aspartame which is toxic, msg in magi is damaging it can affect a womans reproductive years to three generations. Men consuming aspartame can cause birth defect. Some manufactured goods do not disclose these chemicals so as to make profit virtually every thing we eat stores sugar.

Ketchup – a table spoon has tea spoon of ketchup.

When you take sugar it gets to the cellular level, beer causes alcoholic fatty lever diseases. The body is alkaline from 1-14 ph should be more than 7. Cocacola is 2.5ph. 10.0 alkaline water take when you take carbonhydrated drinks contain cafin overdose low birth weight.

Are you addicted to sugar. Change your diet and lifestyle. Stop eating carborn, refined sugar, artificial processed food. In conclusion, sugar is poison, dangerous, not your friend. You are sweet already.