Crime/Justice
Professional Misconduct: BOSAN, Not BOSAW
I have just gone through a 17 April 2022 piece titled, “Senior Advocates Of Whatever” and credited to distinguished learned Professor and inimitable human rights activist, Chidi Odinkalu. I completely agree with distinguished Learned Prof, that the conduct of some Senior Advocates of Nigeria leaves very much to be desired, and that this is worrisome because it sets bad examples for younger lawyers.
However, I beg to disagree with the learned professor’s conclusion that, _”young lawyers particularly now aspire with an overwhelming sense of desperation to join this coven, safe in the assurance that it will sanctify them as witches and wizards of professional impunity. To fully reflect its current evolution, it may be time for the Body to upgrade its name to Body of Senior Advocates of Whatever (BOSAW)”.
First, I seriously doubt that reasons for young lawyer’s diligent aspiration to become members of the BOSAN include that being a member of the distinguished body will “sanctify them as witches and wizards of professional impunity”.
With due respect, I don’t think so. And I will give just one example to buttress my point. If being a SAN offers one an immunity from professional discipline, why then was Mr. Aondoakaa suspended by the LPPC and later declared by a High Court, the Court of Appeal and the Supreme Court, to be unfit to hold any public office in Nigeria.
The pronouncement of the apex court is well reflected in respected Prof Odinkalu’s piece thus: _’On 10 December 2021, the Supreme Court of Nigeria determined that “Mr. Aondoakaa “had, by his conduct, undermined and subverted the administration of justice and the independence, authority and integrity of the judiciary” and “ought not to be entrusted with any other public office at all.”’_ In my opinion, suspension from holding any public office is serious punishment and constitutes a sufficient sanction for Mr Aondoakaa’s reprehensible conduct in office as the HAGF. Note that the mere fact he’s a SAN did not stop the apex court or the Legal Practitioners Privileges Committee (LPPC) from so proceeding against him. This is sufficient testimony that SANs are not immune from professional discipline for breach of Legal Ethics.
Second, there is no doubt that some SANs misbehave, but we should know that so many non-SANs equally misbehave. And just as there exist some SANs who are yet to be punished for their professional misconduct, there are very many non-SANs who have trampled upon the Legal Ethics with impunity. It must be admitted there is a general problem with discipline in the Law Profession in Nigeria; it’s not about SANs nor about BOSAN. In a statement made available to newsmen on 2 April 2021, the leadership of the Nigerian Bar Association (NBA) had advised the general public as follows:
“The attention of the Nigerian Bar Association (NBA) has been drawn to the video making the rounds where the Chairman of the Code of Conduct Tribunal (CCT) – Danladi Yakubu Umar, was seen, together with his security detail, allegedly assaulting a citizen at Banex Plaza, in Wuse Abuja. We understand that this citizen turned out to be a 22-year-old employee of Jul Reliable Guards Services Limited, posted as a security guard to the Plaza and who is now reportedly hospitalised.
Further, as a member of the legal profession, Danladi Yakubu Umar is expected, by the extant rules that regulate the conduct of legal practitioners in Nigeria, to maintain a high standard of professional conduct, and not to engage in any conduct which is unbecoming of a member of the legal profession. Prima facie evidence available at the moment raise questions regarding whether such standards have been met. In view of the foregoing, the NBA shall through its relevant committee, investigate the circumstances leading to the altercation, and depending on its findings, will ensure that appropriate action is taken to address this occurrence”.
The news that made round on the same day was, “NBA to Investigate CCT Chairman’s Alleged Assault on Security Guard”.* Danladi Umar is not a SAN. Yet, till date, nothing more has been heard from the NBA or about actions taken by the NBA leadership on the matter. “Has the matter been swept under the carpet?” is the question on many lips, till date.
Anyway, the point I am trying to make here is that misbehavior in the law profession in Nigeria is not exclusive to members of BOSAN. I therefore respectfully submit that one shouldn’t rely on the unbecoming conduct of some SANs to brand the entire membership of BOSAN evil or misbehaving as such would amount to discrediting all SANs in Nigeria on account of the misconduct of only a handful of their colleagues.
Also, following from the example I have given above, if we should begin to look down on the rank/title of SAN or on all SANs, simply because of the misconduct of few of the holders of the title, maybe, then applying the same (albeit faulty) reasoning, the entire membership of the legal profession as a whole, should be condemned or discredited since there are many non-SANs whose conducts also leave very much to be desired, and who have yet to be brought to book before relevant professional disciplinary authorities. Similarly, we should also begin to see Nigeria as a country of criminals or terrorists simply because terrorism and criminality have pervaded the environment landscape.
What is more? Let’s even take specific examples in the case of Body of Professors in Nigeria: (1) The Guardian of 26 March 2021 reports under the title, “Court jails professor three years for electoral fraud” , that “an Akwa Ibom State High Court 2, sitting in Ikot Ekpene, has found a professor of Soil Physics at the University of Uyo, Peter Ogban, guilty of an electoral offence and consequently sentenced him to three years imprisonment”.
According to reports, the court had found him guilty of altering the results of the election to favour the APC. (2) Also, in June 2018, a professor of Accounting at Obafemi Awolowo University (OAU), Richard Akindele, was dismissed for demanding sex from one Monica Osagie for better grades in exams. Recall that Professor Akindele was later on 17 December 2018, convicted after he pleaded guilty to a 4-count charge. (3) On 16 April 2022, the gazettengr reports that _”Another OAU professor busted for attempted rape, battery of female student”.*_ (4) Further, on 17 December 2019, it was reported in the Guardian that “The University of Abuja… has dismissed a professor and former Dean, Faculty of Agricultureture, Adeniji Adedayo Abiodun over alleged sexual harassment”. (5) On the same date, the paper reported, the same university approved the dismissal of Professor Agaptus Buzo-Chibuzor Orji of the Department of Science and Environmental Education for falsification of academic records and for aiding and abetting exam malpractice in the university. (6). On March 04, 2022, it was in the news that “Professor Richard Solomon Musa Tarfa, co-founder of orphanages for vulnerable children in Kano and Kaduna states, has been convicted by a High Court in Nigeria’s Kano State of forging a certificate of registration from the Kano state Ministry of Women’s Affairs and Social Development”.
(7) On 20 August 2021, Daily Post reported that “The High Court sitting in Birnin Kudu, Jigawa State, has on Thursday sentenced Prof. Steve Uchella and Boniface Afifa Oru to five years’ imprisonment for forgery.” (8) On 10 December 2020, an “Akwa Ibom State High Court in Uyo has remanded a Nigerian professor, Ignatius Uduk, in prison for his alleged involvement in election fraud during the 2019 general elections in the state. Professor Uduk was arraigned on Wednesday by the Independent National Electoral Commission (INEC), for allegedly declaring false election results in 2019”.
The list is endless. Should we then rely on these few cases of professor-misconduct to draw a hasty generalisation and conclusion about professors, that the Body of Professors in Nigeria is a body of mostly criminals, fraudsters and sex maniacs? Noooooo.
Such a conclusion would be faulty, and especially tantamount to commiting a falacy of Hasty Generalization. Hasty generalization is a fallacy in which a conclusion is not logically justified by sufficient or unbiased evidence. It’s also called an insufficient sample, a converse accident, a faulty generalization, a biased generalisation, jumping to a conclusion, secundum quid, a neglect of qualifications or over-generalisation.
Hasty Generalisation fallacy is basically used to refer to making of a claim based on evidence that is just too insufficient or based on unrepresentative samples; drawing a conclusion based on a small sample size, rather than looking at statistics that are much more in line with the typical or average situation.
The gravamen of my submission is this: there are very many disciplinary bodies in the law profession in Nigeria; anyone who thinks that any lawyer, SAN or non-SAN, has acted contrary to the Legal Ethics, owes the profession a duty to report such erring member or members to the appropriate disciplinary body or bodies, and to follow up with such report in order to get the affected lawyer or lawyers subjected to relevant professional discipline and sanctions where liable. Rule 55 of the Rules of Professional Conduct for Legal Practitioners, 2007, is clear enough: _”(1) If a lawyer acts in contravention of any the rules in these Rules or fails to perform any of the duties imposed by the Rules, he shall guilty of a professional misconduct and liable to punishment as provided in Legal Practitioners Act, 1975. (2) It is the duty of every lawyer to report any breach of any of these rules that comes to his knowledge to the appropriate authorities for necessary disciplinary action.
In the meantime, we should not paint an entire community evil simply because few of its inhabitants are misconducting themselves. The BOSAN remains BOSAN, respected and distinguished in all ramifications, irrespective of the obvious misconduct of some of its members. The respected BOSAN doesn’t translate to _”Body of Senior Advocates of Whatever (BOSAW)”_ on account only of the misbehavior of just a handful of its members. Non-misbehaving members of BOSAN (and these are in the majority) shouldn’t be made to pay for, or to bear part of, the taint or ignominy caused by the sins of some of their colleagues.
Let those SANs who misbehave be fished out and punished in line with law and Legal Ethics, but let the BOSAN as a body remain a respected Body of Senior Advocates of Nigeria and not a “Body of Senior Advocates of Whatever”.
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
