Crime/Justice
15 Most Vicious, Relentless Oppressors Of Lawyers, Law Profession
The law profession in Nigeria is in a serious mess and in urgent need of help. However, this is not the main problem; the main challenge is that there appears to be no one working to help the lawyer and his law profession to overcome their challenges. In other words, the lawyer’s problems persist and of course keep increasing because everyone everywhere appears to have abandoned lawyers and the law profession. Lawyer appears to have no one and nowhere to turn to, for help . Or, what do you think, please? Tell me I missed it! In the meantime, check these out: . Policemen and women, EFCC, ICPC, etc are victimising Lawyers by brutalising lawyers, although (truth be told) some lawyers are contributorily blameful in this. As I plan to show in my next piece, lawyers and the police (law enforcement agents) share the blame 50-50.
Judges and justices (including of the highest courts in the land) and courts oppress lawyers. They feel no qualms in publicly abusing, insulting, and denigrating lawyers, and in some cases, without even affording the lawyers an opportunity of being heard. Without giving particulars of the “professional misconduct” allegedly committed by the lawyers, the judges/justices sometimes call these lawyers unprintable names making lawyers to feel hopeless, useless, fruitless, hapless, helpless, and manner-less, although, indeed, some lawyers are. But what’s the use of due process if judges can convict lawyers for “professional misconduct” without any opportunity of a fair hearing and without giving particulars of the charge against them? With due respect to my Lords, it is a violation of rule of law and due process to convict a suspect without a prior charge (ie, without giving him/her the particulars of the offence or professional misconduct allegedly violated) and without offering him/her and opportunity of a making a defence. Further, judges and our courts create serious holdup for cases pending in their court thereby making the cases to stay and remain in court for up to 25 to 30 years in most cases, thereby making Nigeria’s administration of justice system the slowest (and arguably the most debased) in the world. Lawyers are equally guilty with the justices.
Custom officials, NSCDC officials, NDLEA officials, and other law enforcement agencies frequently victimize lawyers by always, openly beating up and brutalizing, and locking lawyers up, just for doing their professional (lawyers’) jobs. Look at the latest scenario where in a viral video, some brainless custom officers are seen rough-handling, assaulting and molesting a lawyer who had gone to the custom office on behalf of his client whose car was (allegedly) impounded and detained by the customs. Even the admonition by a fellow custom officer to his colleagues, that “this man is a lawyer; this man has done practically nothing” could not deter or dissuade the irresponsible, scatterbrained and power-drunk custom officers. This is how low the law profession has sunk in Nigeria; no one has any regard or respect anymore for lawyers! Anyone can do just anything against lawyers and the law profession and get scot-free. Yes, why not? If ordinary non-lawyer policemen could be allowed to take the job of lawyers in criminal prosecution, why would they not disregard lawyers? Whatever a lawyer can do, (policemen think) we too can; so what is the need for lawyers anywhere? And the leadership of the Nigerian Bar Association (NBA) is there issuing useless and needless public statements – statements that are never taken seriously by anyone (not even by lawyers) anywhere. Yes, because everyone now sees the NBA as an association whose leadership is only a toothless bulldog — a barking dog that never bites, full of noise and no action. The more annoying part is when one sees lawyers everywhere chanting “The Bar has spoken; The Bar Has Spoken”! Of what relevance is it that the Bar “speaks” without action? Majority of the members of the Bar are jobless, hopeless and therefore hungry, frustrated and disillusioned. And you are going about shouting “The Bar Has Spoken”! Empty-stomach speeches. Dear, NBA please stop speaking, and start acting and performing; let people hear you more in action, than in speeches. This is what your members want now! Your empty public speeches no longer moves anyone anywhere! The era of “The bar has Spoken” is in the past already; stop living in the past, in past glory. Face reality! Wake up from your slumber now, lest the profession get finally destroyed while you go about “speaking”!
T. The general public constantly and unrestrainedly mistreat lawyers by calling them “liars”. Look, Mr. Man and Mrs woman, lawyers are not liars. Assuming but not conceding that lawyers are, I can tell you that non-lawyers are even greater liars — indeed the most mischievous and barefaced lies are told by non-lawyers who also are the worst hypocrites. Hypocrisy of the highest order! Check out: (a) you call lawyers liars and you still turn around to send and sponsor your own favorite children or wards to go and become lawyers. Does this mean you sponsor your kids/wards to be liars! (b) you call lawyers liars and you still turn around and begging lawyers to come and work for you. (c) If lawyers are liars, then since you (clients, non lawyers) are the ones who pay them to tell lies, your are sponsors of lies and accordingly the principal liars! Put differently, if lawyers are liars, then clients and non-lawyers are accessories after-and-before the fact. Hence, non lawyers are partners in the lying business and therefore equally guilty with the lawyers. Why then the kettle call pot black? Why, Mr. Kettle? How market? Or,Tell me this is not true, assuming lawyers are indeed liars!
Law firms (yes, most of them) oppress lawyers by treating them as slaves and rags, good only to be used and dumped. Most law firms are unscrupulously selfish, collecting huge doll from clients but paying lawyers peanuts and still joining in persecuting lawyers.
NBA Leaderships are oppressors of lawyers — extorting lawyers, playing with the lawyers’ intelligence, and shortchanging lawyers, by collecting annual Bar Practice Fee (BPF) but refusing, failing or neglecting to do anything to promote the welfare and economic advancement of lawyers. The BPF paid by lawyers in Nigeria is total failure of consideration. NBA Leaderships have so far been the greatest enemies-of-progress to lawyers. Leaderships in the NBA constitutes mostly in clueless grandstanding, egoistic shenanigans, and hypocritical play-to-the-crowd. NBA leaders are purveyors of bad governance, enablers of lawlessness, promoters of impunity and condoners of rot. NBA Leaderships do not have any pity for the pitiable plight of lawyers in Nigeria. How have they shown any concern? They carry on as if nothing is happening even when all is not well! Imagine bad leaders (in the NBA) condemning other badly leaders, instead of working hard to correct your own iniquity! NBA, first remove the log of wood in your eyes, so you can see clearly to correct others. Charity begins at home!
All governments in Nigeria oppress and cheat lawyers by making lawyers the most poorly paid and unfairly badly-treated professionals in Nigeria’s public service. Imagine posting lawyer-NYSC members to secondary schools to go and teach. Imagine refusing to establish law departments in local government areas in Nigeria. Section 66(3) Nigerian Police Force Establishment Act 2020 which requires that every Police Station in Nigeria must have posted to it, no fewer than one lawyer whose job is to monitor compliance with human rights at the police station. Imagine that the government has refused to implement this section. Imagine!
. Lawyers oppress fellow lawyers in Nigeria. Imagine that a lawyer would employ his professional colleague in his office, and then refuse to pay salaries, or refuse to impart experience or allow his professional colleagues; allow his colleagues to wallow in abject lack and penury while their employers are engaging in extravagant spending. Imagine that a lawyer would refuse a brief on grounds of gross inadequate fees only for a colleague to accept to do the same job for less than gross undercharge! Imagine for example that a non Lawyer would prepare a Deed of Assignment (for land sold for N100,000,000) and hand over to a lawyer to sign and seal for a consideration of N10,000. Further, imagine a lawyer engaging in charge and Bail
The lawyer’s family, relatives, friends and dependants constantly, although ignorantly, oppress the lawyer. First, they all believe the lawyer is rich, well-to-do and that everything is already well for the lawyer. So, when they expect the lawyer to offer financial aid and the lawyer does not because he’s unable to, they believe the lawyer is stingy and selfish. The more the lawyer tries to explain, the higher their anger against the lawyer goes —they believe without justification, that the lawyer is lying to them and thereby compounding his already “bad” case. How I wish they have an idea what horror most lawyers go through economically. How I wish they are aware of the oppression many lawyers face in the hands of the other members and segments of society as discussed in this commentary! They don’t know and they don’t care to know. All they care about is financial help from the lawyer. The lawyer either offers the help or, (s)he is seen as selfish, insensitive, stingy and lying to cover up!
Clients oppress and victimize lawyers by refusing to pay lawyers’ earned fees, after the lawyer has faithfully rendered services or by refusing to pay adequately or by refusing to give the lawyers law jobs that are truly theirs (Lawyers’). Further, imagine that lawyers’ clients now prefer to take Lawyers’ jobs to EFCC, police, OPC arewa Youths, IPOB, massob, omo n’ile, NURTW, old SOJAs, ex militants, area boys and louts, etc.
. Outsiders (non lawyers) oppress lawyers by stealing lawyers’ traditional jobs and and thereby leaving majority of lawyers jobless, money-less, hopeless, disenchanted, disillusioned, disappointed, and frustrated. Unfortunately, lawyers and their professional Leaders do practically nothing to stop these non-lawyer thieves of lawyer-jobs.
. Regulators in the law profession oppress lawyers by neglecting lawyers, subjugating lawyers, and ignoring and refusing to tackle the pressing challenges of lawyers in Nigeria. They are only concerned about disciplining lawyers for professional misconduct. They don’t appear to give a hoot about why some lawyers engage in unprofessional conduct and about what can be done to halt the ugly trend. Why not try to find out what can be done to improve on the condition of lawyers? Punishing lawyers for “misconduct” is not a bad idea, but you should be also interested in investigating into why lawyers take to misconduct, and in lending a helping hand to halt the ugly trend. Adopt the criminology-approach, in addition to the criminal law approach! When the cause is removed the effect reduces! Improving the welfare and economic advancement of lawyers would reduce the high rate of misconduct among lawyers.
Unknown gunmen, kidnappers, killers and terrorists oppress lawyers by killing, kidnapping, maiming and terrorising lawyers. “Gunmen murder Imo lawyer Darlington Odume” (Punch, 16 September 2021); “SAD: Abuja Senior Lawyer Brutally Murdered in Abuja” (BARRISTERNG, OCTOBER 5, 2021); “How Nigerian lawyer, Adaeze Ikpema was allegedly murdered by her husband” (Newswire NGR, July 2021); “Lawyer murdered in Akwa Ibom community headship tussle” (sunnewsonline, December 2021); and many more.
Law education providers and institutions in Nigeria are also oppressors of lawyers; they continue to train and to produce more Lawyers even while doing little or nothing to help improve the economic plight of the ready made lawyers and the Law profession. Law education institutions should pause, take a deep thought about the fate of their products; how are they faring in the society? Should we continue to pump more lawyers into society, or should we tune down until there is some hope for the existing ones? Further, imagine that a university assigned a quota to admit not more than 100 law students, would go ahead and take in over 400 only to turn around to start lobbying for all the 400 to be admitted to the Law School at once. And when the Law School refuses on grounds of no-adequate-facilities-on-ground and you-overshot-your-quota, these universities and their quota-overshoot graduates would turn around and begin to publicly castigate the law school and making the Law School look bad. Then a Senator Smart Adeyemi would kickstart an un-smart establish-a-Law-School-in-every-village-in-Nigeria campaign.Senator Smart Adeyemi would kickstart an un-smart establish-a-Law-School-in-every-village-in-Nigeria campaign.
. Nigeria’s National Assembly oppress lawyers in Nigeria and helping to destroy the law profession. Imagine that Senate, without doing anything to make existing campuses viable, would pass a Bill establishing more law school Campuses! Meanwhile, what is the business of the Senate in establishing additional campuses for the Law School? Is that not an administrative decision to be taken by Council of Legal Education, based on expediency and need? Why were Senator Smart Adeyemi and his Senate not smart enough to have seen this? ‘Even slaves should not attend Yenagoa campus of Nigerian Law School: Wike” ”Indicating the appalling conditions at the Nigerian Law School, Yenagoa Campus, Governor Nyesom Wike says even slaves should not be allowed to use the facility. ‘You’ll never allow your slave to attend the campus in Yenagoa,” said Mr Wike on Tuesday Wike when the Senate Committee on Judiciary, Human Rights and Legal Matters, led by its chairman, Opeyemi Bamidele, paid him a courtesy’. (See Gazettengr; November 24, 2021) And if they saw it, what plans did they put on ground to solve the problem, before talking about additional campuses for the Law School? Anyway, it’s all about smartness! And in my opinion, the decision to pass a Bill establishing more campuses is not a Smart decision! If you really care about the plight of law education in Nigeria, smartness demanded that you should first work to make existing campuses viable before talking about establishing new ones. I therefore respectfully advise President Buhari to ignore the Senate and its un-smart decision to destabilize law education in Nigeria. President Buhari should not sign that Bill into law, but should rather vote more funds to upgrade existing campuses in order to meet the admission needs of that great school. Existing seven Campuses of the Law School can conveniently admit up to 10,000 law students if adequately and smartly upgraded. Check out: the Abuja campus current takes care of up to 1,500/1,600 students while the Lagos Campus takes up to 1,300/1,400 students. Why not upgrade the other five (5) campuses to start taking the same number as Lagos and Abuja? Instead of this needless Bill to establish six (6) additional campuses to bring the number of campuses to 13? What an unwise decision taken by people that represent themselves as smart people! Dear Mr, President, be smart enough to not join in destroying law education in Nigeria. No additional law school Campuses should be established save by the Council of Legal Education & NLS; they (CLE/NLS) wear the shoes; only they know where it pinches.
By: Sylvester Udemezue
Udemezue wrote
from the Nigerian Law School
Children are highly desired and parenthood is culturally significant in Africa. In Nigeria, infertility is a socially unacceptable condition, making victims embark on relentless quest for conception. In Vitro Fertilisation (IVF) is the only alternative but same is expensive.
Admittedly, this has contributed to the advent of illegal baby factories in Nigeria and consequently constitutes an emerging trend of human trafficking.
What is baby factory? This implies to a practice in which young pregnant and unmarried girls are given shelter by a proprietor i.e Oga or Madam of the home until they are delivered of their pregnancies and give up the new born for sale.
This illegal centres and homes are most times camouflaged as “maternity homes, orphanages, social welfare homes, and clinics and are operated by well organised groups”.
As an emerging phenomena in developing countries of the world, it is also prevalent in Nigeria particularly in States such as Abia, Imo, Enugu, Edo, Rivers and Lagos.
It is important as well as my concern to note that children have rights and these rights must be protected. This evil scourge of baby factory is an illegal business involving getting pregnant young girls and women without sanity who either are willing or not to give up their babies for financial gain and benefits without having any contacts with the buyer or ever seeing their baby again.
This category of persons are introduced into this business forcefully, by deceit of evaporated love and care or under the guise that the baby factories are clinics or homes where they can pay less or deliver freely with some promise of jobs, safe abortion or money after delivery.
The owners of the factory and their syndicate insist that babies be put up for adoption by childless couples in the most fortunate scenario, else supply the babies to politicians for their rituals, illegal adoption and human trafficking. Pathetic right?
It is my argument that children born into baby factories are denied various civil and fundamental rights alongside their mothers because of their vulnerability. Some of the rights these children are denied include birth registration.
Nigeria is a signatory to many international and regional instruments targeted at eliminating child trafficking, protecting children and also the promotion of their rights which include, the United Nations Convention on the Rights of the Child (1989) and the Optional Protocol to the Convention on the sale of Children.
Section 12 of the Constitution of the Federal Republic of Nigeria (as amended) stipulates the guidelines for applicability of this treaties in Nigeria.
Regrettably, despite the vast number of statutes protecting children and women, there is still an alarming prevalence of heinous crimes against these vulnerable units of our society.
The Children’s Rights Act was enacted as passed in Law in Nigeria in 2003, to serve as a legal document and protection of children’s rights and responsibilities in Nigeria which consolidates all laws relating to children into one single legislation, as well as specifying the duties and obligations of government, parents and organisations.
However, despite its values and importance, most States in Nigeria have not domesticated the Act, which implies that children in some States are not being protected under this law which prompts unequal rights in children.
Section 30(1) of the Children Rights Act provides that No person shall buy, sell, hire, let on hire, dispose off or obtain possession of or otherwise deal in a child. This section clearly prohibits the act of buying and selling of a child or children.
Section 207 empowers the police to create a specialised unit for the combating of the crime.
The sporadic growth of baby factories across the Nigeria State is a front burner issue that needs urgent address, given the rise in in the thriving business due to the ever increasing in height of economic downturn in the country.
The vulnerability of children and the need for their protection has attracted international recognition as well as domestic legislation.
The Constitution also provides protection for the dignity of the human persons and personal liberty as stated in Sections 34 and 35 respectively. Howbeit, it is very safe to say that these laws are ineffective for the purpose they were enacted.
Having considered this topic in relation to baby factories as an avenue for trafficking and the laws enacted to promote and protect women and children, it is my recommendation that:
1. The government institutions established by law for the protection of children performs their duties.
Security agencies should not delay the prosecution of persons who commit this offence.
The government should ensure that upon discovery facilities harbouring women and children for sale be destroyed and periodic checks should be conducted on churches, mosque, hospital etc.
Intense education and sensitisation campaign and programmes for young girls, and boys and women about unwanted pregnancies.
Government should assume their responsibility of the protection of lives and increase the budgetary allocation for children orientation programme in schools, villages, church and mosque.
Esaenwani Baribor Ferguson
Esaenwani is a practising lawyer based in Port Harcourt at Brisk Attorneys and Consultants.
The Nigeria Police Force is the principal law enforcement agency in Nigeria. It has its origin in Lagos following the creation of a 30-man Counsular in the year, 1861.
It further has its Constitutional backing in the Chapter Six (6), Part Three (3), Section 214 of the Constitution of the Federal Republic of Nigeria , 1999 (as amended). Down the line, the Nigeria Police Force begin to have other formations like the Mobile Police Force in the 1980s.
The motive behind the creation of the Nigeria Police Force, is to preserve law and order, the enforcement of law and regulations with which they are directly charged. The performance of such military duties within and outside the country as may be required of them by or under the authority of the Police Act or any other Act.
When the heat or should I say, the need or urge to provide better policing in the country became necessary, more formations like the Special Anti Robbery Squad (SARS) were birthed around 1992 to battle crime especially armed robbery.
This very formation (SARS), before it went under on Sunday November 11, 2020, when the then Inspector General of Police, Mr Mohammed Adamu announced its disbandment was a talk-of the-town.
People were delighted to catch a glimpse of SARS men especially when they are in operation and in their full regalia. They fought crime to almost zero point before the devil took over the outfit and placed it in the history book.
The Slogan ‘ The Police is Your Friend’ is one of the most disgusting or disturbing things about the Nigeria Police Force. Many are not at ease with it. In most cases, they begin to wonder what the Police is even doing to get the least attention.
But until you are closer to some people including the Police, you may not say for sure what they do or their importance to the society. Some Police men are down-to- earth. They execute their jobs in such professional manner that one may be tempted to purchase Police recruitment form of a given year.
I have the privilege to interface with some of them at some Special Areas in Rivers state. Their profiles are not only intimidating, but reveal a serious road map on how best to tackle security challenges in the country.
When they related to me why they cannot execute some actions, I was flabbergasted. The government ought to look for those kind of officers and secretly talk with them.
They complained of being tagged as saboteurs should they approach their Heads with their ideas on some issues.
One of the officers confided in me how he unearthed a high profile kidnapping gang that nailed a certain bigman. I mean a bigman with both wealth and honour. I looked at the fragile frame of mind of the officer and took his claims with a pinch of salt.
When other of his colleagues at different fora commended him on some hard job success, it then dawned on me that I was dealing with a senior intelligence officer. His challenge was not also far from the ones earlier enumerated by his colleagues .
Armed with the little information I have gathered about the Police and its challenges, I delved into personal investigation. I went round almost the big formations in the state. With utmost humility, I discovered that the government was unfair to the Police.
In some of the outfits, over ten (10) officers are squeezed into one office. About three (3) of them or so share one (1) table. One will begin to imagine what the occupants of such place will produce.
Even the big formations with big names are not better. They suffer even the worst. But as the big men they are, they stomached the whole thing and welcome you with a beaming smile.
If you are not of a good temperament, you may take him (the bigman officer), for an evil man who derives joy in suffering. Or was the foremost Afro Beat King , Fela Anikulapo Kuti right when he sang ‘Suffering and Smiling’?
I think it is about time those that head some big Police formations in the country begin to think on how to improve on their jobs. Those at the top are not too mindful of the welfare of others. I blame them not, because such is a typical Nigerian factor.
I can recall vividly well at a particular public function in Port Harcourt when one officer was introduced as the Financial Officer in charge of a certain Police outfit. The master of ceremony (MC), took it up. He (MC), was like “thank God oga will bless us today”, the officer in a quick reaction, gave it back to the MC, thus, please “I am sorry, we are only bearing the name, the real office is in Abuja”.
People took it as a joke including me, but when I dug into the situation, I knew what exactly the officer meant then. The narrative must change, if the police must perform to the taste of the common man.
The Police and its welfarism must not be gambled with. The government and its authorities should consider the need for Police reform and execute it with immediate alacrity.
This will also help the authority to place a plum line on the Police. I think part of the poor check on the side of the government on the Police is deliberate, in that the authority know that they have not performed their own part of the agreement hence, the ‘On Your Own’ kind of approach to issues.
The police, if well equipped, will do more than expected. The manpower to execute some tactical operations are within them, but lack of support for them remains a bane to their positive operations.
Another point to effective Policing in the country is , management of the Internally Generated Funds by the Police. If the Police are allowed to manage the funds they generate internally, it will go a long way in fixing things among them.
The issue of waiting for approval to fix even furniture in the office is a major clog in the system. At times, they are forced to ask for financial support from the suspects to enable them buy as little as writing materials.
Such ought not to be in that the risk of compromising the matter will be high. If the materials are so provided, the officer will have no option than to do the needful.
Another point is that of personal visit and inspection. The authority should make out time to visit the Police formations across the country. They should visit such places like the convenience, bathrooms, canteens, etc. When you pay some unscheduled visits to some of the mentioned places, you will agree with this piece to the extent of making a quick case for an improved welfare package for the police.
As a citizen of Nigeria, make a personal visit Police formation as part of your menu. Let the issue of the police harassment especially on the roads not deter you. By so doing, you will be armed with some information that will convince you that of a truth, the to any Police is really ‘Your Friend’.
The time to address the challenges of the police is now. No need to dwell on the past. Let’s stop the blame game and think of the way forward.
King Onunwor
The Rivers State Police Command says it has begun orderly room trial for the three erring personnel and has issued official query to three officers for allegedly extorting two young men of N4 million in Aba, Abia State.
The officers were identified as Assistant Superintendent of Police (ASP) Doubara Edonyabo; ASP Talent Mungo; and Inspector Odey Michael.
Addressing journalists while parading the three officers, the State Commissioner of Police, CP Olantunji Disu said immediate steps were taken to apprehend the officers and a thorough investigation was conducted to ascertain facts surrounding the incident
The State Commissioner of Police, who was represented by the command’s image maker, SP Grace Iringe-Koko, said $3,000 was extorted from the victims, equivalent to N4.2 million, stressing that the money had been recovered and released to the victims on January 18.
“Following a comprehensive inquiry, it has been established that the actions of the officers in question were in clear violation of the law and the ethical standards expected of members of the Nigeria Police Force. As a result, appropriate disciplinary measures are being taken to address this grave misconduct.
“The Rivers State Police Command is committed to upholding the highest standards of integrity, professionalism, and accountability. The behaviour exhibited by the implicated officers is completely unacceptable and does not represent the values and principles of our organisation. We deeply regret the negative impact that such misconduct may have on the reputation of the Rivers State Command and the Nigeria Police Force in general,” the spokesperson said.
She, however, stressed that the actions of a few individuals should not overshadow the dedication and sacrifice of the vast majority of officers who serve with honour and distinction.
She stressed that the Inspector General of Police has consistently articulated a zero-tolerance stance against corruption and misconduct within the Force, and that this incident does not reflect the aspirations of the Nigeria Police Force.
She assured that Rivers State Police Command would remain resolute in its commitment to serving and protecting the community with utmost professionalism and integrity.
Akujobi Amadi
