Crime/Justice
That Street-Lout Behaviour Exhibited By Some Lawyers At NBA Confab
While The Committee on Conference Planning (TCCP) for NBA-AGC 2022 should have done better in terms of planning and logistic arrangements, nothing appears to justify the shame some lawyers brought upon the NBA and the entire Law Profession by the behaviour exhibited on Wednesday August 23, 2022 fighting over conference bags. See: (1) “Lawyers Go Rogue At NBA-AGC 2022 Over Non-Distribution of Conference Bags, Destroy Registration Booths” (24 August 2022: The Nigeria Lawyer); and (2). “Lawyers Stage Violent Protest at AGC over bag Collection, Overpower Bouncers, Loot Conference Materials” (24 August 2022: Barrister NG). Now, if the TCCP had promised conference bags and did not deliver in good time, there were many other (lawful and honourable) options for affected lawyers to have enforced their right to have those bags given to them. Behaving as thugs, common street-louts and urchins, does not tell a good story about an otherwise gathering of supposedly Noble, Honorable and gentle men and women. By the way, what is Conference bag, that Barristers and Solicitors of the Supreme Court of Nigeria fight for, loot and destroy conference booths, and other materials. Reminiscent of the October 2020 post #EndSARS palliative-looting protests in Nigeria during which Nigerian youths became something else. In my paper, I talked about a group of protesters I preferred to call: “The Reprisal-Inspired Protesters”, who unleashed a round of brutal mayhem and wanton destruction of property, public and private. This set of protesters had targeted public facilities for destruction, arson and looting and vandalisation. I wrote about yet another set: “The Possess-Your Palliatives Protesters”. This set of protesters targeted mainly property/ warehouses housing any form of COVID-19 palliatives meant for the masses, as well as houses/ property belonging to some public office holders. The target of this set of protesters, was mainly to possess what they saw (rightfully or wrongly) as their own possessions, their belief being that palliatives meant for the masses had been hijacked and stored away by selfish, self-centred and insensitive politicians and political office-holders. See: “A Catholic Cogitation On The Freeze Order Against Bank Accounts Of Alleged #EndSARS Protest Promoters” By Sylvester Udemezue (9 November 2020: Barrister NG). Find time to read the paper and see the attributes of those protesters and then, tell me if there is any difference between their conduct and what was witnessed on 23 August 2022 at the NBA-AGC 2022 ground among lawyers. What then is the difference between lawyers and hoodlums, if lawyers could conduct themselves, at a slight provocation, as hoodlums?
Meanwhile, I was not surprised with what happened on 23 August 2022. Anyone who has closely followed up on the social media with how lawyers behave during NBA National elections would not be shocked at what happened that day.
Go on the social media during national elections to see the level of cyber-thuggery and animalistic behaviour playing out among supposedly learned gentlemen. Once you are not on their candidate’s side, come and see insults, abuse, malignant personality attacks, and false campaign of calumny they would wage against you. Even if you raise issues, supported by verifiable facts and evidence, for discussion, no one wants to discuss ideas and issues. The only way to stay out of their way is to keep mute. Once you write an article on any issue, come and see insults, unprintable, unfortunately false, things being said about you. To shut you up! To silence you!
Gentlemen, it appears some area boys, thugs and louts have found their way into the Law Profession in Nigeria. How they got in, I do not know. They just pretend to be Gentlemen in the Universities and in the Law School. The moment they become lawyers, paam! They start behaving as street louts. A colleague said to me, earlier today, “(Udems,) I think you have to express this concern strongly at the Law School. The legal education process should be able to fish out those who have no business becoming lawyers at that early stage”. I said to him, the Nigerian Law School was doing marvelously well in inculcating ethics and responsibility in aspirants to the Bar. Yes, as a Teacher, you can only teach a horse the way to the stream and the benefits of drinking from the stream. As of the time of teaching, the horse pretends to be listening and following. But, you see, after the horse leaves you, the teacher, you can not follow the horse around to force it to go there and take water from the stream. I mean, after Call to the Bar.
In a published commentary, I wrote, “In my humble opinion, Nigerian Law School Lecturers are much more than Teachers; they’re mentors, inspirers, motivators, comforters, life-builders, counsellors, and partners-in-progress, comrades-in-arms with their students….It must however be pointed out (and this is the way I personally see it) that the principal object of education at the Nigerian Law School, is to prepare Bar aspirants to educate themselves throughout their lives…. At the Nigerian Law School, the teachers open the door, but you must enter by yourself”. (See: “Nigerian Law School Programme Is Not “Self-Taught”; But Teacher-Taught, Teacher-Driven In Line With Contemporary Benchmarks And International Best Practices” (12 July 2021: The Nigeria Lawyer).
Accordingly, no one should blame the Law School for ugly conduct of any lawyer. In Act 1, Scene four of William Shakespeare’s play, Macbeth, King Duncan while enquiring about the execution of the incumbent Thane of Cawdor, had told Lennox, Malcolm, Donalbain and the attendants that ”there’s no art to find the mind’s construction in the face.” What Duncan meant is that you cannot see through to what a man is thinking or has in mind, or the stuff he is made of, just by looking at his face; there is no way of telling what is in a man’s mind. Hence, Duncan said he had misjudged the old Thane of Cawdor because “There is no art to find the mind’s construction in the face”. What is ironic about Duncan’s assessment of Cawdor and Macbeth? Macbeth turned out to become Duncan’s ultimate betrayer! Such is life!
Back to the issue, in fairness to the NBA TCCP for AGC 2022, the roguish and animalistic behavior displayed by some lawyers at the NBA-AGC 2022 on 23 August 2022, has only little to do with any lapses (if any) on the part of NBA Leadership or of the TCCP. Supposedly responsible lawyers should have expressed their grievances in an orderly, gentlemanly manner, bearing in mind that the general public was watching. Thus, in my paper titled, “An Appraisal of Professional Legal Ethics and Proper Conduct for Lawyers in Nigeria”, I had written: “It is therefore not surprising that quite often, the public judges the legal profession by the standard of its erring members, hence the need for members of the Bar to be fully alive to these duties and responsibilities in order to check the falling ethical standard in the profession, be examples to the society in which they find themselves and ultimately promote the honour and nobility of the profession. Discipline at the bar is very essential. This is because offences, to which the police attach no significance when committed by a medical doctor, may be attended with humiliation and embarrassment when committed by a lawyer. Similarly, a simple act of breach of the law by an accountant, which may not be considered as anything, may form banner headlines in newspapers and magazines, if committed by a lawyer. This only stresses the fact that society views lawyers as custodians of a high moral value and distinguished members of the society, whose conduct and activities should serve as a light to the rest of the society”. (see: Udemezue, S.C., “An Appraisal of Professional Legal Ethics and Proper Conduct for Lawyers In Nigeria” (2021) Vol. 21, No. 17, Jun 3, 2021, Legal Ethics & Professional Responsibility eJournal. <https://hq.ssrn.com/Journals/IssueProof.cfm?abstractid=3842835&journalid=205108&issue_number=17&volume=21&journal_type=CMBO&function=showissue>)
Do not get me wrong. There’s no doubt that I put a measure of blame on NBA TCCP 2022 for not making sufficient arrangements and early enough, to ensure relevant conference materials got to delegates in good time. As we did during the NBA-AGC 2019, all Conference materials should have been completely distributed not later than Monday morning, on the first day of the NBA-AGC plenaries. To achieve this, the TCCP must ensure conference materials arrived long before the previous Friday and distribution ought to have started from the previous Friday, in this case on 19 August 2022. If it were so, there would have been little or no issues. In 2019, we had ordered over 12,000 conference bags, etc. And they arrived more than a week before start of the Conference.
However, a situation in which this is not done, because of some ill-planning, or other unforeseen logistic challenges, the question is, should lawyers who are supposed to be Gentlemen, Honourable and Noble, now throw caution to the wind and begin behaving as untrained animals and illmannered area boys on the streets?
Nothing can justify such gross misconduct among lawyers.
I therefore suggest that the video of that ugly incident be thoroughly examined. Anyone identified to be among the perpetrators of that shameful act, should be dragged before the LPDC without any delay. Section 12(2), LPA, Cap L11, 2004 covers such gross misbehaviour by people who should know better: Infamous conduct not in a professional respect but incompatible with the status of a legal practitioner. It is one of the types of professional misconducts for which a lawyer may face disciplinary actions before any of the disciplinary organs of the Bar: (1). Legal Practitioners Disciplinary Committee (LPDC), (2). The Supreme Court: see section 13(1) LPA; or (3). Chief Justice of Nigeria (CJN): see section 13(2) LPA.
Section 12(2) provides: “Where a person whose name is on the roll is judged by the disciplinary committee to be guilty of misconduct not amounting to infamous conduct which, in the opinion of the disciplinary committee, is incompatible with the status of a legal practitioner, the disciplinary committee may, if it thinks fit, give such a direction as is authorised by paragraph (c) (ii) or (iii) of subsection (1) of this section; and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing, as the circumstances of the case may require”.
Rule 1 of the RPC, 2007, is also relevant: A lawyer should not engage in conduct unbecoming of a legal practitioner. Part of Rule 1(1) provides: “A Lawyer shall …maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner”.
By: Sylvester Udemezue
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
