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TABLE OF CONTENTS

NBA PRAYER 2 PRESIDENT 3 GENERAL SECRETARY 4 NATIONAL OFFICERS 5 NEC NOTICE 7 TABLE OF CONTENTS 8 MINUTES OF PRE-CONFERENCE NEC MEETING 9 MINUTES OF EMERGENCY NEC MEETING 35 COMMUNIQUE 60 PRESIDENT’S SPEECH NBA FINANCIAL STATEMENT 61 NBA COMMITTEE REPORTS I. SECTION ON PUBLIC INTEREST AND 85 DEVELOPMENT LAW REPORT II. SECTION ON BUSSINES LAW REPORT 101 III. SECTION ON LEGAL PRACTICE REPORT 110 IV. WOMEN’S FORUM 113 V. YOUNG LAWYERS’ FORUM 126 VI. REPORT OF NBA GENERAL PURPOSE COMMITTEE 131 VII. NBA CAC TASK FORCE COMMUNIQUE 132

8 MINUTES OF THE PRE-AGC NATIONAL EXECUTIVE COMMITTEE (NEC) MEETING OF THE NIGERIAN BAR ASSOCIATION, HELD ON 20TH AUGUST, 2020 AT THE AUDITORIUM, NBA NATIONAL SECRETARIAT, ABUJA.

1.0. IN ATTENDANCE:

A. NATIONAL OFFICERS

1) PAUL USORO, SAN PRESIDENT 2) JONATHAN GUNU TAIDI, ESQ GENERAL SECRETARY 3) STANLEY CHIDOZIE IMO, ESQ 1ST VICE PRESIDENT 4) DR. FOLUKE DADA, ESQ 2ND VICE PRESIDENT 5) THEOPHILUS TERHILE IGBA, ESQ 3RD VICE PRESIDENT 6) BANKE OLAGBEGI-OLOBA, ESQ TREASURER 7) NNAMDI INNOCENT EZE, ESQ LEGAL ADVISER 8) JOSHUA ENEMALI USMAN, ESQ WELFARE SECRETARY 9) ELIAS EMEKA ANOSIKE, ESQ FINANCIAL SECRETARY 10) OLUKUNLE EDUN, ESQ PUBLICITY SECRETARY 11) EWENODE WILLIAM ONORIODE, ESQ 1ST ASST. SECRETARY 12) CHINYERE OBASI, ESQ 2ND ASST. SECRETARY 13) IRENE INIOBONG PEPPLE, ESQ ASST. FIN. SECRETARY 14) AKOREDE HABEEB LAWAL, ESQ ASST. PUB. SECRETARY B. PAST PRESIDENTS 1) O. C. J. OKOCHA, MFR, SAN, JP, DSSRS 2) DR OLISA AGBAKOBA, SAN 3) AUGUSTINE ALEGEH, SAN

C. PAST GENERAL SECRETARIES 1) HAIRAT BALOGUN 2) HON. OBAFEMI ADEWALE 3) FAYOKUN AFRO OLAYINKA 4) PHILIP UMEH 5) HON. NIMI WILSON-JACK 6) R.A. LAWAL RABANA, SAN 7) EMEKA J. P. OBEGOLU ESQ 8) AFAM OSIGWE 9) ISIAKA A. OLAGUNJU

D. SECTIONS 1) SENI ADIO, SAN CHAIRMAN, SBL 2) DR. PAUL ANANABA, SAN CHAIRMAN, SPIDEL

3) OLUYEMISI BAMGBOSE CHAIRMAN, WOMEN FORUM

9 4) ABIMBOLA OLUWASEUN CHAIRMAN SLP 5) NSIDIBE AIDEYAN SECRETARY, WOMEN FORUM

6) TOBI ADEBOWALE CHAIRMAN, YLF

E. NEC MEMBERS BRANCHES 1) ADEKUNLE OLANIPEKUN

2) AHMAD KWATARKWASHI

3) ABDULLAHI MUSA KARAYE SECRETARY, UNGOGO

4) IDRIS MOHAMMED SECRETARY,

5) JUDE IKECHUKWU OGAMBA CHAIRMAN, OWERRI 6) ODILI AMECHI VALENTINE CHAIRMAN, OMOKU

7) ALTINE IBRAHIM DAMATURU 8) RICHARD OGBECHE NEC REP, OGOJA

9) HARUNA SALEH ZAKARIYYA SECRETARY, KANO

10) NNENNA

11) GABRIEL TSENYEN CHAIRMAN, SHENDAM

12) TONTE BRIGGS SECRETARY, DEGEMA 13) LATEEF YUSUFF

14) M. UMARU, ESQ. NEC REP, 15) ISAAC OGBAH ESQ.

16) YEMI AKANGBE CHAIRMAN,

17) HUSSAINI ABDU CHAIRMAN,

18) KINGSLEY UGOCHUKWU NWACHUKWU SECRETARY, UKWA

19) AMINU GADANYA CHAIRMAN, KANO 20) YAKUBU BAWA CHAIRMAN, JOS

21) OLUDAYO OLORUNFEMI 22) LANRE OBADINA

10 23) CHIMEZIE OKECHUKWU EMMANUEL SECRETARY, MBANO ETITI

24) ABDULLAHI YAHYA CHAIRMAN, BARNAWA 25) EUCHARIA-SOMIEAR-PEPPLE NEC REP, DEGEMA

26) NASIR SALAU 27) IJEOMA EKWOANYA

28) ADEBAYO AKINLADE 29) VITALIS IHEDIGBO SECRETARY, IHIALA

30) TEMPLE WAAMAH

31) EMMANUEL UTI CHAIRMAN, WARRI

32) TOBENNA EROJIKWE

33) JACOB PETER DAWANG CHAIRMAN, BUKURU 34) SAMUEL OLAKANMI FALADE NEC REP, ADO-EKITI

35) PAUL EBIALA CHAIRMAN, CALABAR 36) LATEEF SARAFADEEN ABIOLA CHAIRMAN, SAKI

37) YUSUFF RAIMI

38) BABAJIDE KOKU 39) MONSIGIA SATURDAY SECRETARY, BORI

40) OSLAD CHAIRMAN, OSOGBO 41) MBANUGO UDENZE

42) INNOCENT OCHOGA NEC REP, OTUKPO 43) RICHARD OMA AHONARUOGHO

44) EBIERE E. EKPESE SAGBAMA BRANCH

45) CHRIS EKUAZE CHAIRMAN, UROMI 46) LILIAN ERONINI

47) OLUWATOBI OGUNBIYI SECRETARY, ADO-EKITI 48) CHINEDU IFEZUE

49) KINGSLEY ANIDIOBU

11 50) EKENE OKONKWO CHAIRMAN, AWKA

51) JUDE EZEGWUI CHAIRMAN, ENUGU 52) KINGSLEY IDISI SECRETARY, EFFURUN

53) JIMOH SALIU SECRETARY, EPE 54) TITILAYO OSAGIE

55) MOMODU KASSIM-MOMODU 56) MOSHOOD ABIOLA SECRETARY, LAGOS

57) ADEMOLA KOKO CHAIRMAN, EPE

58) OLOBA BANKE

59) AYI-EKPENYONG IMAH

60) TIMOTHY AGBARAGU SECRETARY, OLEH 61) OGBONAYA MICHAEL CHUKWUEMEKA, ESQ. NEC REP, BARNAWA

62) OKWUDIRI OBIGWE NEC REP, OKIGWE 63) PRINCE ADEBIYI ADETOSOYE SECRETARY, ABUJA

64) SAMSON C. OKEHIELEM SECRETARY, SAPELE

65) FELIX C. AMADI NEC REP, OKEHI 66) ONIMISI UMAR

67) SAMUEL CHUKWUEMEKA ODOH CHAIRMAN, SAPELE 68) CAROLINE IBHARUNEAFE

69) ANENE OJINTA NEC REP, ENUUGU 70) JOHN OKPANACHI NEC REP, IDAH

71) HAUWA SHEKARAU CHAIRMAN, ABUJA

72) BERTRAM FAOTU CHAIRMAN, ABA 73) UMEH CHINONSO C SECRETARY, OTUKPO

74) CHINEDU AGU SECRETARY, OWERRI 75) IGNATIUS OBIORA

76) EBINYU GEORGE CHAIRMAN, SAGBAMA

12 77) AHMED ABDULGAFFAR CHAIRMAN KATSINA

78) MICHAEL ODI NJOKU CHAIRMAN, AFIKPO 79) IFEOMA UTAH

80) OLALEKAN OLADAPO SECRETARY, BWARI 81) GEORGE ISOJE

82) GOLDEN AWI NEC REP, BORI 83) GLORIA ETIM

84) REGINALD UGWUADU NEC REP,

85) ZION MACHEN LASHOM SECRETARY, BUKURU

86) JIBRIL JIMETA CHAIRMAN, YOLA

87) BONIFACE EWULUM CHAIRMAN, IDEMILI 88) ABBA MALLAM UMATE CHAIRMAN, MAIDUGURI

89) CHINEDU IGWEGBE SECRETARY, NNEWI 90) UGBOTOR ISIOMA SECRETARY, AGBOR

91) ANIEDI AKPABIO

92) AYUBA RABIU SECRETARY, GOMBE 93) ASUE IGHODALO

94) TAMUNOSIKI ROBERTX SECRETARY, OKRIKA 95) CHINAECHEREM SECRETARY, ENUGU

96) KIKE OWOLABI CHAIRMAN, IKERE-EKITI 97) IBIRONKE EDET SECRETARY, IKERE-EKITI

98) MICHAEL EKADI SECRETARY, YENAGOA

99) AGBORDIKE CELESTINE CHINEDU CHAIRMAN ORLU 100) AYO-OKHIRIA EROMONSELE UGHELLI

101) ADEKUNLE ISIAQ 102) SALISU MUHAMMAD GUMEL

103) LEDUM DUMBARI FINOR-PUENE CHAIRMAN, BORI

13 104) ABDULGANIYU BELLO CHAIRMAN,

105) JAMIU ISIAKA 106) NWOYE ESQ SECRETARY, GWAGWALADA

107) PETER IME AKPAN SECRETARY, EKET 108) KAYODE SAMSON SECRETARY, ILARO

109) JOHN IYENE OWUBOKIRI SECRETARY, PORT HARCOURT 110) NGOZI CHIBUGO IROEGBU CHAIRMAN, OKEHI

111) OSEME ANTHONY NEC REP, IDEMILI

112) EMMANUEL NNAEMEKA NWAMBAM SECRETARY, ABAKALIKI

113) KABIR ALIYU CHAIRMAN, BIRNIN-KEBBI

114) WADA AHMED WADA AG. CHAIRMAN, UNGOGO 115) IFEANYI DAVID OKOYE NEC REP, NNEWI

116) OMOTAN OGUNMODEDE ESQ SECRETARY, IKARE AKOKO 117) AYODELE OMONIYI CHAIRMA, ILARO

118) TEJU ADIGUN NEC REP, ILORIN

119) CLEMS DEMOCRATS 120) OSILAMA OZEKHOME

121) LIKKO AL-BASHIR 122) NGOZI UKWENI CHAIRMAN, OHAFIA

123) UMAR ASHO ESQ GUSAU 124) SYLVESTER UDEMEZUE

125) KINGSLEY AWUKA CHAIRMAN, NNEWI

126) CHARLES OTI SECRETARY, UMUAHIA 127) JOHN AMBI CHAIRMAN, KAFANCHAN

128) PRINCE NYEKWERE CHAIRMAN, PORT HARCOURT 129) CHIMDIMMA ONYEDEBELU

130) DR. PRINCESS FRANK-CHUKWUANI NEC REP NBA ABUJA

14 131) FOLARIN M. ADEOLA

132) UCHENNA COLLINS IGBA CHAIRMAN, ONUEKE 133) SEUN AKA SECRETARY, IKORODU

134) NATHANIEL UCHE 135) OKAFOR ANTHONY UCHENNA CHAIRMAN, OTUOCHA

136) ABIMBOLA OJEDOKUN CHAIRMAN, IKORODU 137) A. Y. MUSA NEC REP, ZARIA

138) JUSTIN GBAGIR CHAIRMAN, MAKURDI

139) EZENWA ANUMNU NEC REP, ABUJA

140) ADEYEMI ADEWUMI CHAIRMAN, ADO-EKITI

141) LAWAL HUDU GARBA 142) ROMANUS CHIMEZIE NDEME ESQ CHAIRMAN, OKIGWE

143) USMAN NUHU CHAIRMAN, DAMATURU 144) MOSES ISEZUO CHAIRMAN, OKENE

145) SAMSON AUDU CHAIRMAN, KADUNA

146) FRANK IBECHUKWU 147) BAFFA ALASAN DUTSE

148) JOY AGHANTI 149) MUSTAPHA KASHIM

150) LUKA MUSA HARUNA NEC REP, GOMBE 151) JOSEPH OGUNNIYI CHAIRMAN, OTA

152) MEKAKO PATRICK CHAIRMAN, UDU

153) ABUBAKAR ABDULHAMID CHAIRMAN, BAUCHI 154) TONY ANAZOR SECRETARY, AWKA

155) OLAYINKA ESAN CHAIRMAN, IBADAN 156) TEMITOPE OLAJOLO CHAIRMAN, ILE-IFE

157) SAMBO MOHAMMAD CHAIRMAN, SOKOTO

15 158) WILLIAMS ANWAN NEC REP, CALABAR

159) TJJ DANJUMA SECRETARY, PANKSHIN 160) DAUBRY PETER SECRETARY, UDU

161) DUMO BARANGO CHAIRMAN, DEGEMA 162) ERIC IBE ESQ. SECRETARY, ABUJA

163) BULUS ATSEN CHAIRMAN, ABUJA 164) ANDREW UMOH SECRETARY, UYO

165) OPETE JOEL AKPESIRI NEC REP, UGHELLI

166) IKEMEFUNA IBEKWE IHEONU SECRETARY, OKIGWE

167) J K ISHEMBER NEC REP, MAKURDI

168) JOSEPH OMONOSEH SECRETARY, WARRI 169) HAMMED OLALEKAN

170) EDDY FREDRICK 171) GEORGE ABAH CHAIRMAN, OTUKPO

172) OLIVER AMUZIE CHAIRMAN, UMUAHIA

173) OLOKE DELE 174) A E AKPAN

175) LEVI ADIKWAONE NEC REP, IKORODU 176) JIMOH S. MUHAMMAD SECRETARY, ILORIN

177) OLAOLUWAKIITAN AIYEGBAYO 178) JOHNSON OLOTO SECRETARY, OJI RIVER

179) ALMUSTAPHA YUSUF ABUBAKAR NEC REP, SOKOTO

180) THOMPSON AKINYEMI CHAIRMAN, ONDO 181) SOLA OLUSANYA SECRETARY, ILE-IFE

182) SHERRIF NDASULE 183) MUSTAPHA SADIQ CHAIRMAN, LAFIA

184) DAN C. OKOYE

16 185) ESSIEN

186) SALISU GUMEL 187) ASUNMAM EBENEZER BAMIDELE

188) JIM ABEL OFOMA CHAIRMAN, AGUATA 189) DAVE OKWUN-KALU NEC REP, OHAFIA

190) AKIN JINADU HAIRMAN, IKARE-AKOKO 191) YILJI DAVID NEFWANG CHAIRMAN, PANKSHIN

192) D. O NOSIKE NEC REP, OWERRI

193) DON EGHO NEC REP EFFURUN

194) MURTALA ADEJARE AGBOOLA

195) SEFIYA BALARABE 196) NKIRU OKEKE

F. CO-OPTED NEC MEMBERS

1) YUSUF ALI, SAN

2) OFODILE OKAFOR (SAN) 3) EBUN-OLU ADEGBORUWA SAN

4) JOE-KYARI GADZAMA, SAN 5) DR. BABATUNDE AJIBADE, SAN

6) TOB KEKEMEKE 7) OLUKAYODE ENITAN, SAN

8) KUNLE OGUNBA ESQ, SAN

9) KONYINSOLA AJAYI, SAN 10) ABUBAKAR ABDULLAHI

11) ALOZIE ECHEONWU 12) ABIMBOLA AKEREDOLU

13) CHIEF EMEKA NGIGE, SAN

17 14) MIKE OZEKHOME, SAN

15) GODWIN OMOAKA, SAN 16) ISA CHIROMA, SAN

17) AUGUSTINE AGOM 18) PROF AGBO J MADAKI

19) AUWALU YADUDU 20) MUIZ BANIRE, SAN

21) CHARLES UWENSUYI-EDOSOMWAN, SAN

22) FATIMA KWAKU

23) LAYI BABATNUNDE , SAN

24) ABDULLAHI HARUNA, SAN 25) HUSSAINI ABDULLAHI

26) GARBA TETENGI, SAN 27) USORO MFON

28) OFFIONG OFFIONG SAN

29) ANTHONY MALIK, SAN 30) CHUKWUKA IKWUAZOM

31) YUSUF ASAMAH KADIRI 32) JOHN AIKPOKPO-MARTINS

33) BOB C.O. IJIOMA 34) GANIAT A. ADETUTU SIYONBOLA

35) MANDY ASAGBA

36) UCHGAL 37) OLU D

38) ABDULWAHAB MUHAMMAD 39) ALEX MUOKA

40) ANNE AGI

18 41) WAHAB

42) EKIM VICTOR 43) CORDELIA EKE

44) JOYCE ODUAH, FICMC,

G. APOLOGIES

2.0 COMMENCEMENT: 2.1 The NEC meeting commenced at 10:31am with the National Anthem. Thereafter the NBA prayer was taken. The President welcomed all the delegates and recognized the presence of the few persons physically present, NBA Trustee, Obafemi Adewale, Past General Secretaries, Nimi Wilson-Jack, Esq, Emeka Obegolu, Esq Seun Abimbola, Esq, Mrs. Mfon Usoro, Esq. He also acknowledged all dignitaries in attendance virtually.

2.2 Since the meeting was a virtual one, the President informed members that anyone who wanted to address the meeting should indicate by raising his hand so that permission will be granted.

3.0 MINUTES OF THE LAST MEETING The minutes of the meeting of 12th March, 2020 having been circulated to members, was taken as read and the President called for corrections on each page. He requested members with minor and non-substantial amendments to the Minutes to forward such corrections and omissions to the General Secretary. 3.1 ADOPTION OF PREVIOUS MINUTES: In the absence of any correction, Mallam Yusuf Ali, SAN moved a motion for the adoption of the minutes while same was seconded by Yakubu Bawa of NBA Jos Branch. 4.0 MATTERS ARISING FROM THE PREVIOUS MINUTES: The President drew the attention of NEC to the matters arising from the minutes of the last meeting which he said had been sorted out. These issues include: 4.1 Launching of the NBA revamped website. 4.2 NBA House construction work: The Secretariat has been completed. 4.3 Stamp and Seal: The President assured NEC that a circular allowing for members to order their stamps and seals online will be released by the end of the week. 5.0 PRESIDENT’S ADDRESS: 5.1 NEC received and adopted address of the NBA President, Paul Usoro, SAN. In the said address, the President welcomed NEC Members to the 2020 Quarter 3 and Pre-AGC NEC meeting of the NBA. He thanked the Almighty for life and noted that the NEC meeting was significant in many respects.

19 For one, it is the first NEC meeting after the advent of full-blown coronavirus pandemic (“COVID-19”) in which prompted a consequential national lockdown preventing the Association from holding her 2020 Quarter 2 NEC meeting. (The Q1 meeting having held on the 12th day of March, 2020). He therefore noted that the current NEC meeting is scheduled to consider not just Quarter 3 issues but also accrued issues from Quarter 2. This necessitated the scheduling of the Pre-AGC NEC meeting literally one week before the scheduled AGC that would hold on 26th-29th August 2020, as against the tradition of holding the meeting on the eve of the AGC commencement. He added that it was deliberately so scheduled to afford NEC time to consider all the pending issues in a calm and deliberate manner.

The second reason the NEC meeting is unique is that it is the first-ever virtual NEC meeting, no thanks to the dreaded COVID-19. He pointed out that in one sense, this is a welcome development because it affirms our transmutation, as an Association into the technology age where meetings can be held despite members being in disparate location and places.

The President called on NEC to thank God for His mercies and for life on all as a number of colleagues, both on the Bench and at the Bar have passed on. These include such eminent personages like Honorable (Dr.) Justice Adolphus Karibi-Whyte CFR, CON, retired Justice of the Supreme Court, Chief M. A Ajomale, past Chairman of the Body of Benchers and Life Bencher, Alhaji AGF Abdulrazak, SAN another past Chairman of the Body of Benchers and Life Bencher and one of the first, if not the first Senior Advocate of Nigeria from Northern Nigeria, renowned jurist, Honorable Justice Nonyerem Okoronkwo, JCA, Alhaji Inuwa Abdulkadir, Life Bencher and another active and committed Bar man, Honourable Justice Nasiru Ajanah, the Chief Judge of and past Chairman of NBA Okene Branch and Honorable Justice Jude Okeke, Judge of the Federal Capital Territory Judiciary and past Chairman of Abuja Branch. The President noted that there are sadly many more of our colleagues who passed on at this time from COVID-related passages, old age and other ailments. He prayed for the peaceful repose of all lives lost whether from COVID-19 or any other ailment or circumstance and urged that they be fondly remembered. He thanked God for their lives and called on the meeting to observe a minute’s silence for all lost members.

The President proceeded to highlight briefly some of the milestone achievements and activities of his administration since the last NEC meeting which held on 12th March 2020.

5.2 Quarterly Scorecard 5.2.1 Completion of construction work on National Secretariat The President informed NEC that the construction work at the NBA National Secretariat in Abuja has been concluded and he would be handing over a completed Secretariat building to the incoming administration. He presented a short video clip to the meeting showing the completed Secretariat building with the improvements:

20 − Completion of a ramp that would facilitate entry into the Secretariat by physically challenged colleagues that was not provided for in the initial design of the Secretariat. − Installation of 3 (three) functional and efficient lifts with no record of anyone being trapped in recent months. − Conversion of the basement of the Secretariat building which was always water- logged into a beautiful, well designed and fully functional car park that can accommodate up to 50 vehicles. − Completion of construction work on all the floors of the building so that the Secretariat now has (five) lettable floors that should earn the Association income. − Construction of a motorable access way into the building in case of rain or other bad weather.

Access Road from the Muhammadu Buhari Way The President further informed NEC that the Abuja city plan envisages the construction of an access road through an adjoining ravine, to the left of the Secretariat building, facing the building from the Muhammadu Buhari Way. As it appears as though the construction of the access road is not in the immediate contemplation of the Government, his administration has approached the Abuja Municipal Council Area authorities for approval to construct a motorable access into the building from the Muhammadu Buhari Way. He stated that early indications suggest that the application would be favorably considered as some neighboring properties have secured similar approvals for themselves and constructed access into their property. The President observed that the envisaged access would lead directly to the Secretariat’s basement car park and would greatly enhance the value of the property, inter alia, for letting purposes; he added that the contractors had assured that construction of the access road would be completed within one month from the grant of approval by the Area Council and that process was being assiduously pursued.

E-Library The President hinted his administration had started the partitioning of a space for an e-library that would be used by lawyers visiting the Secretariat.

5.2.2 Covid-Related Relief Measures

In the wake of the pandemic and to reduce the spread of the disease, courts were shut down nationwide and that meant that colleagues who depend entirely on court practice for their earnings and livelihood were very adversely impacted thereby forcing some organizations including law firms to reduce their workforces and, in some cases, compensation packages. The most vulnerable and the most impacted in our profession were young lawyers some of whom lost their jobs or had their compensation packages slashed. To ameliorate their circumstances, the President informed NEC that his administration came up with two relief schemes for young lawyers:

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A. All young lawyers who had paid their 2020 Bar Practicing Fees as at 31st March, 2020 were provided with one-year subscription of the LawPavilion bouquet of offerings which includes law reports, statutory enactments and all the Rules of Courts of the various courts of record in Nigeria, both Federal and States.

B. Cash reliefs of N10, 000 to all young lawyers of ages 1-4 post call. A Welfare Committee was constituted to raise funds for this purpose and was led by Dr. Olawale Babalakin, SAN OFR. Dr. Babalakin lived up to his reputation; with his team, made up mostly of Senior Advocates of Nigeria, he raised almost N100m for young lawyers. The Welfare Committee recommended and released relief funds which were distributed to all young lawyers of 1-4 years Post-Call who had paid their 2020 Bar Practicing Fees as at 31st March, 2020 via their bank accounts. The total number of beneficiaries is 7,341 young lawyers. The President thanked the Welfare Committee members and all donors enough for their generosity, self- sacrifice and support for this scheme.

In addition to the above, the President paid tribute to the various branches of the NBA who with the donations from senior members of the Bar organized relief materials and programs for members.

5.2.3 Life Insurance The President informed the meeting that from the resumption of the Life insurance scheme in September 2019 till date, his administration had facilitated the payment of death benefits to 32 surviving beneficiaries of our deceased colleagues. He assured that additional death benefit payments were still being processed for beneficiaries of deceased colleagues.

5.2.4 Rule of Law – Virtual Court Hearing Practice Direction

In the wake of the COVID-19 pandemic, the NBA played very prominent and significant roles in relation to the administration of justice. Following the news of the community spread of the disease in Nigeria, the President pointed out that his administration contemplated the vulnerability of our judicial officers and attendees of courts generally and met with the Chief Justice of Nigeria, Honorable (Dr.) Justice Ibrahim Tanko Muhammad, CFRN to share our concerns and discuss the need for the shutdown of courts nationwide in order to stem the probability of courts serving as vectors of the disease, with debilitating consequences mostly for our judicial officers and staff. He expressed gratitude that HisLordship, the CJN, took immediate action thereon and ordered a closure of courts, obviously saved lives thereby. However, the prolonged closure of our courts also had a most destructive economic effect on members and stakeholders in the justice sector generally. With the indefinite shutdown of our courts, the rule of law appeared to lie prostrate and almost lifeless. To remedy the situation, the Bar pushed the idea of virtual court proceedings into national consciousness and representatives at the National Judicial Council (“NJC”) prepared and presented a Paper thereon to the Council which prompted the

22 establishment of the Ad-Hoc Committee on COVID-19 as it relates to justice administration. The NJC Committee was headed by Honorable (Mr.) Justice Bode Rhodes-Vivour, CFR and had 3 (three) NBA representatives as members – Abubakar Balarabe Mahmoud, SAN OON, Damian D. Dodo, SAN OFR and Paul Usoro, SAN. This Committee played pivotal roles in the drafting and final publication of both the Committee’s Final Report and the Virtual Court Hearing Guidelines that was published by the CJN as the NJC Chairman. Those Guidelines have been adapted and implemented by our various courts, with varying degrees of success.

5.2.5 2020 NBA National Officers’ Elections

The President thanked all members of the Bar for the success of the NBA National elections which was conducted on 29th and 30th July 2020. He stressed on the transparency of the process as the election was monitored by all members from the comfort of their homes. He called on incoming administrations to build on that quality of transparency.

5.2.6 CONCLUSION

The President in concluding his speech said this would be his last Address to NEC as President of the Nigerian Bar Association. He stated that it had been a great privilege and an honor to serve in that capacity. He particularly thanked all the NEC members for the tremendous support that he enjoyed from all in the past two years, pointing out that without that stout support, he would not have served out his term, particularly with the attempted and failed coup by the Economic and Financial Crimes Commission (“EFCC”) under Ibrahim Magu at the inception of this administration, notably during the first NEC meeting.

In conclusion, the President stated that though he definitely cannot cover the field in identifying and expressing gratitude to everyone who made his job easy as the President of the NBA and Chairman of NEC, he must close out by isolating and mentioning five special classes of persons who were his support base and constituted a strong advisory council and with whom he enjoyed a very special relationship: a.) Past NBA Presidents b.) Board of Trustees of the NBA c.) Fellow National Officers d.) Chairmen of NBA Branches and e.) Mrs. Mfon Usoro, his wife.

He assured all that he will continue to attend NEC meetings for as long as God spares his life and will continue to serve the Association in any capacity that he may be required to. Finally he thanked all NEC members for their support during his ordeal with the EFCC who tried to oust him from office.

NEC commended the Paul Usoro administration for all the projects and reforms that were undertaken in his administration which include:

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− Strengthening of the governance structure for the Association and publishing the NBA’s Quarterly accounts, every quarter, since the beginning of this administration, without fail.

− Workforce reforms in the National Secretariat which are on-going and would be continued by the succeeding administration.

− Being advocates of the rule of law and the revival of insurance for members.

− Excellent leadership and steering the association to greater heights.

− Conducting a transparent national election.

NEC also thanked the outgoing executives and commended their courage for standing for the rule of law these past few months. Mike Ozekhome, SAN moved a motion for the adoption of the President’s speech. The motion was seconded by Mr. Reginald, NBA Port Harcourt branch:

The President thanked and acknowledged all commendations. 6.0 FINANCIAL REPORTS: 6.1 TREASURER’S REPORT 6.1.1 The Treasurer, Banke Olagbegi-Oloba (Mrs.) presented the Quarters 1 and 2 Accounts as well as the updated 2019 Annual General Conference Accounts, for the periodfrom 31st March, 2020 to 31st June 2020 as contained in page 48 of the NEC Bundle.She thanked NBA for the rare opportunity to serve and confirmed that this was going to be her last report as National Treasurer. Kayode SAN moved for the adoption of the financial report for discussion while Mr. Paul Ebiala, Chairman, NBA Calabar Branch, seconded the motion.

6.1.2 The President clarified the report of the Treasurer as regards certain areas for ease of understanding: Liabilities: Regarding the current and non-current liabilities, the President explained that the NBA property which was on lease for five years had received payment of three years which left two years payment to be made. The former is current liability while the latter is non-current liability. He added that according to the PwC financial statement, N446,350,000 was inherited debt from the previous administration and the McArthur Foundation refund was N64,000,000. While the McArthur debt of N64, 000, 000 had been repaid in full, the sum of N360,000,000 had been paid of the N446,356,000 debt inherited from the past administration, leaving a balance of N86,000,000 owed. REACTIONS TO THE FINANCIAL REPORT:

24 6.1.3 Past General Secretary, Nimi Wilson-Jack asked to know if the Association would get a refund on the land use charge paid on her property in Lagos, seeing as the Government had cancelled land charges. The President informed NEC that he has written to the Lagos State Attorney General who had promised the NBA a refund. 6.1.4 ADOPTION OF 2020 QUARTERS 1 AND 2 FINANCIAL STATEMENT The 2020 Q1 and Q2 Financial Statement having been presented was adopted by NEC after due elaboration by the Treasurer and the President. The motion for adoption of the accounts was moved by Temple Waamah, Esq NBA Port Harcourt Branch and seconded by Gabriel, Esq.

NEC applauded the President and his team for the surplus they were leaving behind in the NBA treasury and commended the prudency, accountability and transparency of the Usoro administration. They urged the incoming administration to tow this line.

6.1.5 ADOPTION OF 2020 AGC ACCOUNT NEC further received and adopted the 2020 AGC Account. The motion was moved by Isa Aliu, Esq and seconded by Baba Muiz, Esq.

Reactions to theAGC Account: Emeka Ngige, SAN suggested that instead of setting up new studios for the AGC virtual conference in hotels which will cost us more, the TCCP should consider using/equipping Lagos Campus of the Nigerian Law School and setting up studios for the virtual conference there. This he said will not only help to upgrade the law school but save costs. The President welcomed the suggestion as a fantastic one and promised that it will be considered in the future as it is already too late for that now with the AGC only a few days away and alternative arrangements had been made.

7.0 SECRETARIAT REPORT 7.1 GENERAL SECRETARY’S REPORT 7.1.1 The General Secretary Jonathan Gunu Taidi, Esq presented the Secretariat report which was in 2 parts: Part A which is the Report from National Officers (Pages) and Part B which contains the activities of the Bar. Chief Philip Umeh moved for the adoption of the report for discussion and was seconded by Niyi Adetoyose, Esq. The 1st Vice President, Financial Secretary, Welfare Officer and Publicity Secretary informed NEC that their reports will be presented at the Annual General Meeting.

7.2 2ND VICE PRESIDENT’S REPORT: 7.2.1 The 2nd Vice President, Mrs. Foluke Dada, Esq, presented her report. She stated that several branches in her zone of supervision, successfully conducted branch elections despite COVID-19. However, Ikeja and six other branches could not conduct elections due to certain issues. NBA Benin Branch elections did not take place as they were in

25 conflict of Article 19. For NBA Abeokuta branch, their elections did not hold because no candidate was qualified. They have been given a deadline of three months within which time they must conduct their branch elections. Going further, she commended all members of the Western zone for their ingenuity during the COVID-19 palliative distribution. Noting that this was her valedictory report, she appreciated everyone and the NBA for the opportunity to serve.However, she pointed out that despite the successes recorded by the administration, it would be unfair if some of their failures were not pointed out. She stressed the disconnect between the President and the other national officers and the fact that the President ran a sole administration and did not carry other national officers along, leading to a disconnect between the center and the branches. This she observed was a state of affairs the Constitution never envisaged as the NBA Constitution provides for national officers and their functions and as such they should be allowed to do their jobs unhindered. She therefore urged NEC to consider the setting up of a Constitution review committee to look into it the Constitution to ensure that all national officers are allowed to carry out the functions of their office. Mr. Chinedu Ifezue, NBA Ikeja Branch moved a motion for the adoption of the 2nd Vice President’s report and same was seconded by Mr. Jude Ezeigwe, Chairman, NBA Enugu branch.

7.3 3RD VICE PRESIDENT’S REPORT: 7.3.1 The 3rd Vice President in his report stated that elections could not be conducted in some branches in his zone due to the covid-19 pandemic. He commended NBA Jalingo branch on the successful hosting of their law week. He also informed NEC that he was a member of the committee for distribution of palliatives for young lawyers which was a huge success. He pointed out that he was also a member of the committee set up by the President and chaired by the General Secretary to broker peace between the two factions of the NBA Abuja branch and the report of that Committee has been handed to the President. He thanked the NBA for the opportunity to serve as this was his last report as 3rd Vice President.

Mr. Jim Abel Ofoma moved for the adoption of the report of the 3rd Vice President. He was seconded by Mrs. Carol Ibharuneafe, NBA Ikeja Branch.

NEC in reaction tothe 3rd Vice President’s report on the Abuja crisis, called for the report of the Committee which was set up to conduct a unified election for the NBA Abuja branch to brief the house on the outcome of the exercise and called for the setting up of a committee to resolve the crisis once and for all. The President responded by saying he regrets that time is no longer on his side to properly resolve the crisis but that he will include it among the pertinent issues to be looked into in his handover notes to thenext administration. The General Secretary as the leader of the committee responded that he and his committee started by visiting the NBA Abuja Branch and engaging both factions in

26 talks. After substantial progress was made in the peace keeping moves,senior members of the Branch assured the Committee that both sides had met and were in talks for a unified election to be conducted. While this was being sorted out, both factions went ahead to conduct their separate elections. He concluded that the report of the committee has been given to the President. 8.0 REPORT OF SECTIONS AND COMMITTEES 8.1 SECTION ON LEGAL PRACTICE REPORT: 8.1.1. The Section’s report contained on pages 187-192 of the NEC bundle was presented by Mr. Seun Abimbola. He informed the NEC that the section has series of webinars. The 1st intervention activity of the Section was a webinar titled “COVID-19 – The aftermath”, the second webinar was titled “The value of lawyers”, while the third intervention was a workshop on forensic litigation skills for lawyers. He informed NEC that the SLP conference scheduled to hold between the 17-20th of May, 2020 in Uyo, was canceled due to the COVID-19 lockdown and postponed to a later date to be announced. Other interventions of the Section include:

SLP Publications:

Newsletters: The SLP published her newsletter for the 2nd quarter in June, 2020. The newsletter for the 2nd quarter is presently being compiled and will be available before the end of September, 2020. The Section called for contributions from colleagues. SLP journal Vol. 6: The Section called for papers for publication in her upcoming SLP Journal Vol. No. 6. Articles were received and professionally edited and peer previewed. The Journal is now a fully accredited professional and academic law journal now referenced widely by superior courts of record and other academic papers,. It is also fully certified by the National Library with an ISSN number allocated. Regulatory oversight: The Section has issued a Cease and Desist Notice to a Bank and a service provider advertising legal services to small and medium scale enterprises. Both have responded acknowledging their error and have withdrawn the offending publications. International partnership: The Section has established a collaboration with the international law firm of Al-Tamimi & Co, the largest law firm in the Middle East, headquartered in Dubai to establish an international internship programme between the firm and the NBA where young lawyers in Nigeria can be offered the opportunity of a 3 month internship at the Dubai offices of the firm on an annual basis for which the interns would be paid a monthly remuneration for the duration. He also announced that a number of initiatives had been introduced by the SLP for the improvement of the quality and standard of legal practice offered by Nigeria firms. Some of these include the Law firm management academy series, an online practice development course for upgrading the standards of legal practice and law firm operations across branches and the Young Litigators Committee which will

27 collaborate with the Young lawyers Forum to create a young litigators Committee for the Section where young litigators can hone their skills and learn from seasoned minds on forensic litigation skills and explore co-counsel opportunities He concluded by informing NEC that a few other committees of the SLP will be announced at the Annual General Meeting. Ms. Anne Agi, Esq moved for the adoption of the SLP report and was seconded by Mr. Danjuma T. J. 8.2 SECTION ON BUSINESS LAW REPORT: 8.2.1 The section’s report as contained in pages 158-186 of the NEC bundle was presented by Seni Adio, SAN. He summarized the report by giving the highlights contained therein. He went on to inform NEC that the SBL, over the period of the last NEC meeting till now, had organized 20 webinars for knowledge sharing in different areas. He used this opportunity to congratulate the President and his team on a successful term in office and praised his transparency and support for the section. He saluted all members of NEC and national officers on their work. The President in response appreciated the SBL chairman for his untiring efforts as well. Muiz Banire, SAN moved for adoption of the report and was seconded by Mrs. Nnenna, Esq. 8.3 SECTION ON PUBLIC INTEREST AND DEVELOPMENT LAW (SPIDEL): 8.3.1 The Sections report as contained in pages 156-158 of the bundle was presented by its Chairman, Dr. Paul Ananaba, SAN. He said that within the Covid-19 period, two webinars have been heldon the 19th of May and 17th of July, 2020.The first was an online session in conjunction with Clifford University to discuss the “Infectious Diseases Bill, Covid-19 and the Public Interest”. The event was held via Zoom and was well attended. In view of the Covid-19 pandemic, the Section held the 2nd webinar to sensitize lawyers and the entire public on the need to stay home and stay safe in order to stop the spread of the virus and also to adopt ways to deliver legal services. The featured a colleague, Damilare Ojo, Esq who was affected by covid-19 and survived to tell his story. He stated that the next SPIDEL conference will be held in Oyo by November, 2020. Mrs. Titi-Osagie moved for adoption of the minutes and was seconded by Mr. Austine, Esq. The President thanked Dr. Ananaba SAN, for his selfless service to the bar as he handled a problematic litigation case for the bar last month. 9.0 FORUM REPORTS 9.1 NBA WOMEN FORUM:

28 9.1.1 The report contained in pages 143-154 of the bundle was presented by Mrs. Safiya Balarabe, the treasurer of the forum.She stated that the forum was just 11 months old, having being resuscitated on the 7th of September 2019.Mr. Sylvester moved for the adoption of the report and was seconded by Mr. George, Chairman, Sagbama Branch.

Prof. Bamgbose, the Chairwoman of the Women’s Forum thanked the President for reviving and recognizing the Women Forum and especially for inviting them to partake in the national elections as observers. She noted that a particular achievement of the Forum, worthy of note was the election of a female General Secretary of the NBA after over 40 years.

Reginald Akah appreciated the President for resuscitating this forum and commended its leadership for their work in orienting and sensitizing young female lawyers on topical issues and other mentorship programmes.

9.2 YOUNG LAWYER’S FORUM 9.2.1 The report was presented by its Chairman, Mr. Tobi. He thanked the President for the opportunity to serve. He said despite Covid-19, a lot has been achieved by the forum. Webinars have been held, although some of their activities were canceled. Mustapha Kashim, Esq moved for the adoption of the report, seconded by Gloria, Esq. Jim Abel appreciated the President for carrying young lawyers along in his administration. 9.3 NBA WELFARE COMMITTEE 9.3.1 The Welfare Committee report was presented by the 1st Assistant Secretary, Williams Ewenode on behalf of the Chairman, Dr. Wale Babalakin SAN. He stated that a total of N92 Million was raised as the Covid-19 palliative project to take care of members during the lockdown.The additional sum of N8.9 million was further approved by the President and released to the Welfare committee to cover the shortfall in the distribution of palliatives to young lawyers.He further stated that over 7000 young lawyers have received the palliative sum of N10, 000 and more are still being reached out to as we speak. Mrs. Lillian Eronini moved for adoption of the report and was seconded by Mr. Tonye Briggs. Tamuno Sikiro, Esq commended the idea of setting up a welfare committee and said it was a good initiative. He however pleaded that the committee should expatiate on the spending formula of the palliative funds as questions are being asked by some members in that regard. The President in response to Mr. Tamuno stated that it was the prerogative of the committee to spend the funds as it saw fit and the sharing formula was as directed by him (the President), where young lawyers of between one to four years post call and only those who had paid their Bar Practicing Fees were entitled to the palliative. The President commended the Welfare Committee Chairman, Dr. Wale Babalakin, SAN for his hard work and exceptional service, noting that even as the Chairman of the committee, he also contributed to the project in no small measure. He also

29 appreciatedthe YLF Chairman, Mr. Tobi, whom he said exhibited knowledge and ingenuity beyond his age in the discharge of his duties as chairman and even contributed his own palliative to the purse. 9.4 NBA COMMITTEE ON THE AFRICAN CONTINENTAL FREE TRADE AREA AGREEMENT (“NBA AfCFTA COMMITTEE”) 9.4.1 The NBA AfCFTA Committee Report is as contained in pages 107-111 of the NEC bundle was presented by its chairwoman, Mrs. Mfon Usoro. Paul Ebiala, Chairman, NBA Calabar Branch, moved for adoption of the report after her presentation and was seconded by Mr. Temple Waamah. The chairman of Effurun branch, Mr. Jonathan thanked the chairperson of the AfCFTA for a job well done.

9.5 ELECTORAL COMMITTEE OF THE NIGERIAN BAR ASSOCIATION (“ECNBA”) 9.5.1 The Chairman of the ECNBA in his presentation gave the criteria upon which members were eligible to vote and proceeded to state the modalities of voting in the elections. All branches were requested to submit their list of eligible members to the ECNBA before a specific timeline. He also highlighted the rules and regulations guiding the entire conduct of the election and how it was conveyed to members.He stated that hours after the elections were concluded, the results were announced and a few days later, winners were presented with their certificate of return. He concluded by thanking NBA and the national officers for the opportunity to serve. Nwoye Akachukwu, Esq, Secretary, Gwagwalada Branch moved for adoption of the report and it was seconded by Chinedu Ibori, Esq, Secretary Nnewi branch.

9.5.2 The President read out a letter from the NBA Board of Trustees in reaction to a letter written by one of the presidential contestants Deacon Dele Adesina SAN, in the just concluded national elections. Deacon Adesina had petitioned the Board of Trustees complaining about the conduct of the elections. The President informed NEC that he had called Deacon Adesina after the election when he received the controversial letter and planned to call him again. He called on the President elect, Olumide Akpata, to reach out to Dele Adesina, not because he didnot win the elections fair and square, but because he is younger in age and younger at the bar to his opponent and must find a way to work with him for the good of the Bar. The President also said he is expecting one of the elders of the Bar in person of Chief Wole Olanikpekun to reach out to the aggrieved parties as well and try to broker peace. Moving forward, he appreciated the members of the board of trustees for their impressive work saying they showed that they were truly the guardians of the Association. He thanked the chairman of the ECNBA and his members for a job well done. 9.6 TECHNICAL COMMITTEE ON CONFERENCE PLANNING (TCCP) REPORT 9.6.1 The President explained that the TCCP report will be presented in three phases: i.) Budget ii.) Technicalities of the Conference iii.) The El-Rufai issue.

9.6.2 On the TCCP budget, the President stressed that whether we are having a physical or virtual conference, the issue of budgetary expenses is vital to be discussed. He

30 maintained that this was moreso necessary to clear the doubts in the minds of members who felt that the budget of this year’s conference was too large, considering we were having a virtual conference where funds were not going to be expended for most things like accommodation, feeding, entertainment etc. The President explained that a lot of work has been done to ensure that the virtual conference is a success and devoid of network glitches since it was an international conference; he noted that it will be embarrassing if poor network truncates discussions and presentations or for hackers to hijack the network as a result of substandard gadgets. Thus the best gadgets need to be procured to avoid such setbacks. He proceeded to inform NEC that the Zoom package purchased for the Conference is one that will accommodate about 10,000 members, which is quite expensive. Also provision for live broadcasts of the Conference on national TV will be made to ensure that members at home can join in and partake in the conference. He also noted that as this conference will be the 60th Annual General Conference, it calls for a celebration. To that effect, most of our past presidents in various parts of the country will be reached out to and interviewed and recorded. This costs a lot of money. These were some of the reasons why the budget was still on the high side.

9.6.3 On the technicalities of the Conference, the Chairman of the TCCP Prof. Koyinsola Ajayi, SAN gave an update of registered members so far. He stated that so far, a total of 16,028 members had registered for the Conference. He informed NEC that several organizations will be sponsoring the conference by giving free trainings to members. They include PwC, Microsoft etc.

He noted that the Conference date remains the 26th to 29th of August, 2020 and the time is 9:30 am. NEC was further informed of several dignitaries who will be in attendance at the conference to include, the Vice President of Nigeria, Prof. Yomi Osinbajo, SAN, the Senate President, Ahmed Lawan, Speaker of the House of Representatives, Femi Gbajabiamila, Governors of various States as well as a fellow from . He assured NEC that the Conference will be very educating and interesting. The President commended Prof. Ajayi, SAN for the wonderful job that the TCCP was doing. Eric Ibe, Esq of NBA Abuja Branch moved a motion for the adoption of the TCCP report and was seconded by Mr. Dumo Barako. 9.6.4 The invitation of Gov. El-Rufai as 2020 AGC Conference Speaker: The President, informed NEC that he had received calls from various segments of the society and from human rights agencies and NGOs home and abroad decrying the choice of Gov. El-Rufai as a speaker at the 2020 NBA AGC on grounds of his handling of the Kaduna crisis/massacres, disobedience to court order and other human rights violations. He noted that even though Gov. El-Rufai is a friend of his and in his personal capacity he may not have any problems with him attending the Conference, he holds the trust of all members of the NBA and as such their opinions on the matter

31 must be heard. He presented the matter to NEC for deliberations. Mr. Jonathan, Esq, Chairman, Effurun branch thanked the TCCP Chairman for his service. However he added that the El-rufai invitation to the conference has sparked a lot of outcry from members of his branch from whom he had received numerous calls to raise the issue at the NEC meeting and request for his removal as a speaker. He therefore moved a motion that the Governor be delisted from the list of invited speakers and replaced with someone else. Yakubu Bawa, Esq seconded the motion and stated that although he had no personal issue with the Governor being invited, but as chairman of a branch in the North zone, he has received lots of calls calling for the removal of the Governor’s name. Kunle Ogunkpa, Esq in his counter argument for Gov. El-Rufai to remain an invited speaker advised that the NBA must not think like laymen but as lawyers. He moved that the Governor’s invitation should stand so he will be accorded the opportunity of being fairly heard.

The TCCP Chairman, Prof. Konyinsola Ajayi, SAN in support of the argument for Gov. El-Rufai to remain, stated that he had engaged many other members of the panel to get their opinion on the matter, some of whom were Pastor Tunde Bakare, former Governor Peter Obi, etc and all had advised that he be given a chance to speak. He therefore advised that the best thing to do would be to box Governor El- Rufai in a corner by inviting him to the conference and using that as an opportunity to put him on the spot to cross examine him on the allegations. He advised that if he were removed, the NBA may be seen as being arbitrary in her decision and not respecting the Rule of law. The President gave room for many other members of NEC to air their views on the issue. All other NEC members who spoke called for the invitation given to Gov. El- Rufai to be rescinded in the light of the atrocities currently happening in Kaduna under his watch. Based on the preponderance of opinion, NEC decided and resolved that Gov. El-Rufai be delisted from the list of invited speakers of the AGC 2020 and a letter written to him to communicate this decision. 10.0 AOB 10.1 The President informed NEC that the firm of Auditors, Deloite declined the offer to audit the Association’s account so he sought the services of SIAO, another auditing firm who took the offer. He prayed NEC to grant approval for this decision.Mr. Jonathan, Esq moved for approval of SIAO as NBA auditors and was seconded by Mr. Mustapha Kashim.

10.2 Newly elected Chairmen, Secretaries and NEC Members of branches were called upon to introduce themselves and this was done. Mr. Muniru raised a motion for adoption of the new NEC members and was seconded by Mr. Reginald.

32 10.3 Mr. Paul Ebiala of NBA Calabar branch thanked the President for the timely payment of the 10% to branches. He however pointed out that the sum received so far was for members who had paid uptil he 31st day of March, of each year. He pointed out that several members of the Bar from the Branches continue to pay their practice fees past the 31st of March and this was not remitted as part of the 10% to branches. He urged that this be done since members keep paying BPF till the end of the year, long after the March deadline.

10.4 In response, the President stated that the bulk sum is paid between January and March because members want to obtain their stamps for the year and after that period, very few go ahead to still make payments. He however agreed that the balance will be paid.

10.5 Mr. Abdulahi Yahaya, Chairman, Barnawa Branch brought to the notice of the President that the position of Secretary of the branch was yet to be filled.

10.6 Mustapha Kashim, Esq commended the administration on the smooth running of its affairs. He however expressed concern over our crisis in the management strategy especially in the branch elections held in June.

10.7 Prof. Oluyemisi Bamgbose, Chairwoman, NBA Women Forum wished all the outgoing executives well as they conclude their tenure. She commended the president on the resuscitation of the NBA WF which had been voiceless for so long.

10.8 Obafemi Adewale, Past General Secretary commended the President on switching of conference materials from hard to soft copy as it has saved the association a lot of money. He also appealed to the President to do something about the process of retrieving lost bar affinity cards because the present process is very tedious.

11.0 ADJOURNMENT AND CLOSING The President gave a vote of thanks to all members who were in attendance at the NEC meeting, especially those active contributors and those who stayed until the end. He called for a motion to be moved for adjournment in the absence of any other business to be discussed.

Mr. Paul Ebiala, Chairman, NBA Calabar Branch, moved a motion for adjournment of the meeting. He was seconded by Mr. Jonathan, Esq. Mr. Muiz Baba offered the closing prayer and the meeting ended at 6:16 pm. DATED THIS 20th DAY OF AUGUST, 2020.

______PAUL USORO, SAN JONATHAN GUNU TAIDI, ESQ PRESIDENT GENERAL SECRETARY

33 NIGERIAN BAR ASSOCIATION – EMERGENCY NEC MEETING MINUTES OF THE VIRTUAL EMERGENCY [NEC] MEETING OF THE NIGERIAN BAR ASSOCIATION, HELD ON THURSDAY, 22ND OCTOBER, 2020.

1.0. IN ATTENDANCE:

A. NATIONAL OFFICERS 1. OLUMIDE AKPATA - PRESIDENT

2. JOYCE ODUAH [MRS.] - GENERAL SECRETARY

3. JOHN O. AIKPOKPO MARTINS - 1ST VICE PRESIDENT

4. DEBO ADEYEMO - 2ND VICE PRESIDENT

5. MERCY IJATO AGADA [MRS.] - TREASURER 6. OLUKUNLE EDUN - WELFARE SECRETARY

7. RAPHAEL NNAMDI ANAGOR - FINANCIAL SECRETARY 8. RAPULUCHUKWU NDUKA [DR.] - PUBLICITY SECRETARY

9. UCHENNA NWADIALO [MS.] - ASST. GENERAL SECRETARY

10. FERDINAND AFAM NAZA - ASST. PUBLICITY SECRETARY

1.2 PAST PRESIDENTS 1. JOSEPH BODUNRIN DAUDU, SAN

2. AUGUSTINE OYAREKHUA ALEGEH, SAN 3. PAUL USORO, SAN

1.3 PAST GENERAL SECRETARIES

1. HON. OBAFEMI ADEWALE

2. HON. JUSTICE ADESUYI OLATERU-OLAGBEGI 3. NIMI WILSON JACK

4. R.A LAWAL-RABANA, SAN 5. IBRAHIM EDDY MARK

34 6. EMEKA J. P. OBEGOLU

7. MAZI AFAM OSIGWE 8. AARE ISIAKA OLAGUNJU

9. JONATHAN GUNU TAIDI

1.4 SECTIONS/FORA 1. DR. PAUL C. ANANABA, SAN - CHAIRMAN, SPIDEL

2. AYULI JEMIDE - CHAIRMAN, SBL

3. OLUSEUN ABIMBOLA - CHAIRMAN, SLP

4. PROF. OLUYEMISI BAMGBOSE, SAN CHAIRMAN, NWF

5. SAMUEL TOBI ADEBOWALE - CHAIRMAN YLF 6. NSIDEBI AIDEYAN - SECRETARY, NWF

7. PATRICIA UDEH - YLF NATIONAL SECRETARY

1.5 STATUTORY NEC MEMBERS BRANCHES

1. ABIMBOLA OJEDOKUN - CHAIRMAN, IKORODU 2. REGINALD UGWUADU - NEC-REP, PORT HARCOURT

3. GLORIA ETIM - CHAIRMAN, EKET 4. THOMPSON AKINYEMI - CHAIRMAN, ONDO

5. IJEOMA EKWOANYA ` - SECRETARY, BADAGRY 6. JOHN AMBI - CHAIRMAN, KAFANCHAN

7. GOLDEN AWI - NEC-REP, BORI

8. ERIC IBE, ESQ - SECRETARY, UNITY 9. EMMANUEL NNAEMEKA NWAMBAM - SECRETARY, ABAKALIKI

10. JOHN OWUBOKIRI - SECRETARY, PORT HARCOURT

11. BULUS Y. ATSEN - CHAIRMAN, ABUJA

35 12. OLAYINKA ESAN - CHAIRMAN, IBADAN

13. BISI ABDUL -AZEEZ - CHAIRMAN, IJEBU-ODE 14. NGOZI UKWENI - CHAIRMAN, OHAFIA

15. CALEB O 16. OLIVER AMUZIE - CHAIRMAN, UMUAHIA

17. ADETUNJI APARA - SECRETARY, IKIRU 18. DR. GODSTIME OKAFOR - CHAIRMAN, OJI-RIVER

19. EDDY FREDRICK

20. IGNATIUS OBIORA AGBAPULU - NEC REP. GWAGWALADA

21. EYIMOFE GRACE JEMERIGBE

22. AKIN JINADU - CHAIRMAN, IKARE-AKOK 23. AUGUSTINE ESEAGWU - CHAIRMAN, ASABA

24. EBINYU GEORGE ADERIGHA - CHAIRMAN, SAGBAMA 25. MALAMI AONDOAKAA - CHAIRMAN, GBOKO

26. SAMSON AUDU - CHAIRMAN, KADUNA

27. ADEGBOYEGA TIAMIYU SULE - CHAIRMAN, IKIRU 28. LATEEF YUSUFF

29. YUSUFF RAIMI 30. GEORGE ETOMI

31. BASSEY EKANEM - NEC REP, UYO 32. YUSUF ABUBAKAR - NEC REP, SOKOTO

33. JOSEPH OMONOSEH - SECREATRY, WARRI

34. ORJI A. UKA 35. CHINAECHEREM - SECRETARY, ENUGU

36. IDRIS MOHAMMED - SECRETARY, KADUNA 37. UTI O. EMMANUEL - CHAIRMAN, WARRI

38. LEKAN DARAMOLA - SECRETARY, OTA

36 39. TONYE DEBEKEME - NEC REP, YENAGOA

40. KINGSLEY AWUKA - CHAIRMAN, NNEWI 41. OMONIYI AYODELE - CHAIRMAN, ILARO

42. KALADA D. S. NONJU - CHAIRMAN, OKRIKA 43. OGBONAYA MICHEAL CHUKWUEMEKA - NEC REP, BARNAWA

44. AMINU GADANYA - CHAIRMAN, KANO 45. TONTE DANIEL BRIGGS - SECRETARY, DEGEMA

46. THOMPSON AKINYEMI - CHAIRMAN, ONDO

47. YEMI ABIONA - SECRETARY, OSOGBO

48. T. J. DANJUMA - SECRETARY, PANKSHIN

49. GEORGE ABAH - CHAIRMAN, OTUKPO 50. MUHAMMAD UMARU - NEC REP, MAIDUGURI

51. OGBONNYA OKORIE - CHAIRMAN, ABAKALIKI 52. NUHU SULIEMAN TAFIDA - CHAIRMAN, DUSTE

53. JUDE EZEGWUI - CHAIRMAN, ENUGU

54. JOSEPH OGUNNYI - CHAIRMAN, OTA 55. ABDULLAHI YAHAYA - CHAIRMAN, BARNAWA

56. KAINE ANANWUNE - CHAIRMAN, ANAOCH 57. ROMANUS CHIMEZIE NDEME - CHAIRMAN, OKIGWE

58. EFFIOM AYI ETIM - SECRETARY, CALABAR 59. DAVE OKWUN-KALU - CHAIRMAN, OHAFIA

60. B. E. EWULUM - CHAIRMAN, IDEMILI

61. ADEYEMI ADEWUNMI 62. SAMBO MOHAMMAD

63. CLEMS DEMOCRATS 64. MOSHOOD ABIOLA - SECRETARY, LAGOS

65. BAFFA ALASAN

37 66. RAYMOND NKANNEBE

67. PRINCE ADESUYI O. 68. CHINEDU IFEZUE

69. ABDUL ADAMU FAGGE - NEC REP, KANO 70. OMOYEMI AKANGBE - CHAIRMAN, LAGOS

71. OLALEKAN OLADAPO - SCRETARY, BWARI 72. LAWANI ANDREW - SECRETARY, BENIN

73. OLUWASEUN AKA - SECRETARY, IKORODU

74. OLUUDAYO OLORUNFEMI

75. EZENWA ANUMNU - NEC REP, ABUJA

76. ISA MOHAMMAD NURUDDEEN - CHAIRMAN, GWAGWALAD 77. SAMSON GOTOM - SECRETARY, JOS

78. DR. INNOCENT EKEZIE NWAOGAZIE 79. TEJU ADIGUN - NEC-REP, ILORIN

80. SIMON MUSA - CHAIRMAN, IDAH

81. TAMUNOSKI ROBERT - SECRETARY, OKRIKA 82. BERTRAM FAOTU - CHAIRMAN, ABA

83. DUNMO BARANGO - CHAIRMAN, DEGEMA 84. EBIERE E. EKPESE - SECRETARY, SAGBAMA

85. LEAH HASSAN - NEC REP, JOS 86. OLUWAYOMI OJO - NEC REP, IKERE-EKITI

87. JACOB PETER DAWANG - CHAIRMAN, BUKURU

88. JIMOH SALIU - SECRETARY, EPE 89. VALENTINE - CHAIRMAN, OMOKU

90. UMAR ASHO - CHAIRMAN, GUSAU 91. PIUS IDEMUDIA OIWOH - CHAIRMAN, BENIN

92. REGINALD UGWUADU - NEC-REP, P/H

38 93. KAYODE SAMSON - SECRETARY, ILARO

94. FESTUS NWEKE - NEC REP, ABAKALIKI 95. USMAN NUHU - CHAIRMAN, DAMATURU

96. VICTOR ADOMI 97. STELLA ADEYEMI

98. JIM ABEL OFOMA - CHAIRMAN, AGUATA 99. AJI KAMALE - NEC REP, YOLA

100. OLUWATOBI OGUNBIYI - SECRETARY, ADO-EKITI

101. LAMINU BALA

102. ADEMOLA KOKO - CHAIRMAN, EPE

103. OLAGUNDOYE ANTHONY - SECRETARY, ONDO 104. FRANK IBECHUKWU - SECRETARY, ONITSHA

105. GABRIEL TSENYEN - CHAIRMAN, SHENDAM 106. PRINCESS FRANK CHUKWUANI - NEC REP, ABUJA

107. CHARLES UGWU - CHAIRMAN, OBOLLO-AFO

108. HARUNA SALEH ZAKARIYYA - SECRETARY, KANO 109. FIDELIS BEMSEN MNYIM - SECRETARY, MAKURDI

110. CHINEDU DAMIEN - SEVRETARY, NNEWI 111. OGAGA EMOGHWANRE

112. ABBA MALLAM UMATE - CHAIRMA, MAIDUGURI 113. JIBRIL JIMETA - CHAIRMAN, YOLA

114. EKENE OKONKWO - CHAIRMAN, AWKA

115. WADA AHMED WADA - AG. CHAIRMAN, UNGOGO 116. EUCHARIA-SOMIEAR-PEPPLE - NEC REP, DEGEMA

117. LEVI ADIKWAONE - NEC REP, IKORODU 118. BULUS Y. ASTEN - CHAIRMAN, ABUJA

119. PRINCE NYEKWERE - CHAIRMAN, P/H

39 120. R. O. ASADU JP - SECRETARY, NSUKKA

121. BISHOP CAROLINE - NEC REP, BUKURU 122. KIKE OWOLABI - CHAIRMAN, IKERE EKITI

123. ERIC IBE - SECRETARY, ABUJA 124. EMMANUEL NNAEMEKA NWAMBAM - SECRETARY, ABAKALIKI

125. TIMOTHY AGBARAGU - SECRETARY, OLEH 126. TOBENNA EROJIKWE

127. GARBA ABUBAKAR - CHAIRMAN, DUSTE

128. AKACHUKWU NWOYE - SECRETARY, GWAGWALADA

129. AYUBA RABIU - SECRETARY, GOMBE

130. MOSES ISEZUO AKANDE - CHAIRMAN, OKENE 131. A. Y. MUSA - NEC REP, ZARIA

132. J. K. ISHEMBER - NEC REP, MAKURDI 133. YAKUBU BAWA - CHAIRMAN, JOS

134. ANIKO AKPOWOMA THEOPHILUS - CHAIRMAN, OLEH

135. JUDE IKECHUKWU OGAMBA - CHAIRMAN, OWERRI 136. LUKE UKPELI - SECRETARY, OGWASHI UKU

137. J. S. MUHAMMAD - SECRETARY, ILORIN 138. GABRIEL C. ADIKWU - SECRETARY, YOLA

139. NATHANIEL UCHE - SECRETARY, OGOJA 140. YAHAYA AUDU - CHAIRMAN, WUKARI

141. ABDULLAHI MUSA KARAYE - SECRETARY, UNGOGO

142. MUHAMMAD NUR BABAZAU - SECRETARY, DAMATURU 143. HAUWA SHEKARAU - CHAIRMAN, ABUJA

144. SAMUEL EZE CHIMNA NWOSU - CHAIRMAN, UKWA 145. ASUNMAM EBENEZER BAMIDELE

40 6.0 COMMENCEMENT: 6.1 The NBA President, Olumide Akpata called the emergency NEC meeting to order at 1:10pm with the NEC prayer said by the Assistant Secretary, Ms. Uchenna Nwadialo.

6.2 The President welcomed all the delegates to the meeting and appreciated members for taking out time to join the meeting despite the short notice. He noted that the current turn of events in the country necessitated the meeting ahead of the usual quarterly NEC Meeting. He called for a minute silence in honour of all who had lost their lives in the Lekki toll gate massacre which was observed.

6.3 As this was the first NEC meeting of his administration after being sworn in, the President sought the permission of the meeting to introduce the newly elected National Officers and thanked members for voting them into office. He sadly noted that whilst he had hoped that his first NEC meeting following his assumption of office less than two months ago would have been used to discuss critical issues affecting the profession, it is now to be used to discuss the state of our nation which is clearly under threat. He again thanked members for making out time to attend, despite the short notice.

He thereafter formally delivered his address.

7.0 PRESIDENT’S ADDRESS: 7.1 In the President’s statement on 13th October 2020, he brought members up to speed on the purpose of the emergency meeting. For over two weeks, the entire country has been a scene of mass protests by Nigerian youths demanding an end to all forms of police brutality and bad governance using the hashtag #ENDSARS, this he said remains the most discussed subject on the global sphere attracting the comments from global leaders, celebrities, global organisations, etc.

7.2 He noted that what started as a peaceful and coordinated demonstration, degenerated into an orgy of violence, with events coming to a climax on the 20th of October, 2020, at the Lekki Toll Plaza where law abiding and unarmed citizens were fired with live ammunitions by people reported to be personnel of the Nigerian military leaving several persons with different degrees of gunshot injuries, and many reportedly dead.

7.3 He pointed out that this singular act of indiscretion set the stage for a total breakdown of law and order. On the 21st October 2020, there were disturbing pictures of looters and arsonists vandalizing public and private properties with reckless abandon including the looting of shops and warehouses across Nigeria and even High Courts, Magistrate Courts and Customary Courts across Abuja, Lagos, Rivers and Anambra States were looted and torched in broad daylight. He observed that all the above, leave in the mind, the image of a country in crisis.

7.4 The President informed NEC that as an Association, the NBA has been on top of the situation making interventions to preserve the Rule of Law and forestall the descent

41 into complete anarchy. In this regard, he stated that he had made a statement to members and Nigerians on the 13th October 2020 wherein he had set out the different levels of intervention by the NBA in tackling the issues of the moment. Given the anatomy of the problem these interventions were categorised into short, medium and long term action plans. He informed the meeting that most of those interventions have already started yielding positive results, but there was certainly more work ahead.

7.5 He mentioned that some actions and decisions of the [NBA] leadership will have to be ratified by [NEC]; he cited the example of the National Human Rights Commission panel recently constituted, which the Association’s 1st Vice President is a member.

7.6 The President informed NEC that in the early days of the protests, the NBA deployed its structures across the country to intervene in the unlawful arrest of several peaceful protesters across the country while working in collaboration with the Attorneys-General of the States involved. In line with its conviction that the problem of police brutality can be tackled through efficient and effective legislation, the leadership of the Association met with the Speaker of the House of Representatives to fashion out how to use legislation to confront the menace of police brutality and also set the stage for all-round police reforms.

7.7 He further reported that he had named a 7-man Committee of the Association led by Professor Deji Adekunle, SAN that is currently working with the House of Representatives towards birthing a legislation, in the shortest possible time, to improve police-citizens relations and make the institution more accountable and responsible.

7.8 The President went on to inform NEC that following the sad events at the Lekki Toll Plaza, he had set out a number of action points to befollowed through vigorously. One of such is that the Association shall be commencing legal action against the authorities of the Nigerian Army both in the local and international fora, on behalf of the victims of the dastardly act, for the atrocious desecration of their fundamental rights to life and dignity of their persons.

7.9 He stressed that as a very important Association in national discourse, the NBA has a great role to play in saving the Nation from going overboard. He therefore welcomed ideas on how the NBA can intervene in steering the ship of the Nation at this critical moment of our history, within the limits of her capacity.

7.10 The President went on to sadly observe that it is quite depressing that even at this tempestuous moment of our march through nationhood, the needed leadership from political leaders to assuage the masses has not been seen, so much that the Nation continues as though it were on autopilot. He noted that while some steps have been taken by the government at different levels towards bringing the fledgling crisis

42 under control, they are anything but concrete. A situation that is exacerbated by the well-entrenched trust deficit between the citizens and the government.

7.11 He stressed that the unfolding events are no longer acceptable to both the protesters and the governed on the one hand, and the government on the other hand and that the time to call the truce and commence open and sincere dialogue at the highest level is now. He added that as critical stakeholders in the affairs of our Nation, the NBA should seize this moment to reach out to the key actors on all sides to evolve a conciliatory process where grievances will be presented in the most appropriate manner and implementable resolutions and commitments with practical timelines extracted.

7.12 Conscious of the fact that the above atmosphere cannot be attained in a climate of tension, the President called on the Federal Government of Nigeria to immediately direct the security agencies to cease any form of harassment or molestation of peaceful protesters and restrain them from using brute force as a means of quelling the crisis. He also called on the protesters to be peaceful during their protests while appealing to those who have taken to violence and destruction of assets to desist from such dastardly acts of sabotage that only hurt the commonwealth and the generality of citizens.

7.13 He further observed strongly that while the crisis is popularly associated with the notoriety of the police, they are nonetheless expressions of deep-seated anger of the masses, particularly the youths, following from years of government neglect and leadership ineptitude. He therefore urged Nigerians not to lose focus of the real issues. The crisis of the moment goes to the very essence of our nationhood, and all Nigerians must be united in confronting it.

7.14 He called on all leaders across all levels to be responsive to their obligations under the Constitution as bearers of the public trust, pointing out that if there is one lesson this crisis has taught us, it is that a people cannot be taken for a ride for too long.

7.15 He reminded the meeting that many years ago, one of our Founding Fathers, the Rt. Hon. Nnamdi Azikiwe admonished the political class to take the welfare of the youth seriously, or be damned by their anger in these words, “If our youths get angry, it’ will be like an avalanche of accumulated indignation. And no amount of money will protect you from their wrath”. It has taken the new millennium for the prophecy of the great sage to find expression and there is no guarantee that they would not be another outpour of this youth-anger if our leaders do not get more responsible and alive to the demands of the Nigerian people.

7.16 He concluded by pointing out that the Nigerian Nation is going through a historical moment which calls from sober reflection from everyone, whether as leaders or citizens. He prayed that at the end Nigeria shall emerge from this ugly episode of our history stronger and more united in building a greater Nation.

43 7.17 The President urged all NEC members to urgently do all that can be done as the highest decision-making body of the Nigerian Bar Association to provide guidance on the next steps in the circumstance that we find ourselves as a Nation.

7.18 The motion for adoption of the President’s speech for discussion was moved by Past General Secretary, Mr. Ibrahim Eddy Mark and same was seconded by Seni Adio, SAN and the President’s address was accordingly adopted for discussion. Hon. Adewale Obafemi moved a motion for NEC to ratify all the steps taken so far by the President on the #ENDARS issue. The motion was seconded by the Chairman, NBA Ado Ekiti.

8.0 INTERVENTIONS The President sought and obtained the consent of NEC to call on the Chairman, Section on Public Interest and Development Law, Dr. Paul Ananaba, SAN who he explained, had been leading the charge as far as public interest is concerned, to make his presentation to the meeting, as relates to the state of the nation.

8.1 DR. PAUL ANANABA, CHAIRMAN, SPIDEL THE #ENDSARS PROTEST − Dr. Ananaba began by giving a brief summary of the events of the past few weeks. He stated that the #ENDSARS protests started on social media platforms then seamlessly transitioned onto the streets of various States and is remarkably still ongoing. The initial demands of the youths during the protest were: end the Special Anti-Robbery Squad (SARS), end police brutality and total police reform. It was further extended to good governance, transparency and accountability by those in government. He explained that as a section, SPIDEL had seen clear cases of human rights violation following the aftermath of the protest, especially the mode and manner at which the government responded to the continuous protest, causing deployment of the Nigerian Army, use of live fire arms and ammunitions and shooting at unarmed Nigerian youth and protesters. Lekki Toll Gate Shooting in Review On the issue of the Lekki Toll shooting, Dr. Ananaba stated categorically the Section was of the view that there was no incident at the toll gate to have warranted the deployment of the army, under any rules of engagement, neither were there circumstances that warranted the use of firearms/live ammunitions. He explained that the act of shooting at the protesters was a clear breach of the army doctrine as they were shot at while sitting down, clearly holding national flags and singing the national anthem. He added that the circumstances of the removal of CCTV cameras, switching off lightings at the toll gate and direct attack on protesters after dark, all point to a deliberate attack on the protesters. Recommendations

44 − Dr. Ananaba presented a 16 point recommendation of SPIDEL to NEC as follows:

1. An immediate and transparent investigation, arrest and prosecution of authorities and persons responsible for the live shooting at the peaceful protesters. He advised that the Attorney-General of the Federation personally lead the prosecution team to stamp seriousness and win public confidence.

2. An inquiry into who ordered the deployment of soldiers as well as the shooting at the Lekki toll gate plaza and the soldiers that carried out the shooting at the tollgate and in other parts of Lagos and other cities in Nigeria).

3. Unconditional release forthwith of all detained protesters.

4. The Federal Government of Nigeria to honour all the victims of the Lekki Toll Gate shooting as heroes of democracy and those who died be given a national burial and adequate compensation paid to their families.

5. Declare October 20th of every year as a National Day of Mourning in honour of the victims.

6. Set up a special fund/foundation for all victims into which government and well meaning Nigerians shall contribute to.

7. Plan youth engagement programmes focused on development and economic sustainability to be carried out regularly by the government and its agencies.

8. Improve youth participation in elected public offices

9. The government should create more employable opportunities for the youths.

10. Ensure government pays all medical expenses of persons injured by Police brutality and those affected during the protest.

11. Government at all levels must decentralize relevant information and have regular people give testimonies.

12. There is need for a total overhaul of not only the Nigeria Police but also all security and para-security organisations.

13. International Community needs to work on putting serious access control measures on the Visas of political elites and their families who have unduly betrayed Nigerians.

14. Creation of actionable channel of communications between the government and the people (youth) to discuss and plan the democratic affairs for the future, as the citizenry must not continue to allow our future and that of the coming generation be cut short by greed.

45

15. Governance and administration must be done in public interest for the all round development of Nigeria.

Dr. Ananaba concluded by advising the government to embrace meaningful dialogue, address the challenges and bring lasting solutions to the nation. He also emphasized that government must be made aware of the need for public interest content in all her policies and SPIDEL is ready to work to achieve this. He added that [SPIDEL] was ever ready and willing to work at the direction of NBA in order to bring the situation under control.

8.1.1 The motion to adopt the report of SPIDEL as presented by Dr. Ananaba, SAN was moved by Mr. Olayinka, Chairman, Ibadan Branch and was seconded by Mr. Eric Ibeh, Secretary Abuja Branch.

8.1.2 The President in response to the report of the SPIDEL Chairman instructed that the NBA Branches in collaboration with the National Headquarters and the Attorneys- General of the States should work on the immediate release of all arrested protesters across the nation. The NBA should also work with the Human Rights Commission to investigate human rights violations in the protest and work with the National Assembly on reforming the police.

8.1.3 The President further revealed that the NBA has offered to support the Lagos State Government in its investigation and to ensure that it compensates families of the victims. He pointed out that the society is looking up to the NBA to step in and fill the gap and if this is not done, it will consume the Bar. He added that the crisis in the nation is as a result of the ineptitude and neglect of the government over the years.

8.2 Past President J. B. Daudu began by congratulating the President on his timely and state manly intervention on the matter especially in the prompt issuance of a press statement condemning the massacre of Tuesday, the 20th of October 2020 at the Lekki toll gate, flowing from the peaceful protest to end police brutality #ENDSARS.

− He acknowledged the sad and unfortunate events that led to the holding of the emergency meeting and called on everyone to commit the unity of the country to the Almighty God.

− While commending and appreciating the Chairman of the Section on Public Interest and Development for his exhaustive recommendations, past President J. B. Daudu also advised the President to holistically look at the situation that has led to this point, he was of the view that we hear all sides and adopt the Principle of fair hearing as enjoined by the rule of fair hearing. He stressed the need to holistically review every situation that led to the shootings and not jump to conclusions more so as the Governor of Lagos State’s report is to the effect that there were no casualties in the shootings which sentiments is not shared by all. He therefore advised that the

46 casualties of the #ENDSARSLekki Toll gate incident must be ascertained a closely as possible.

− Another disturbing issue the learned silk raised, was the vandalization and destruction of private and public properties, he noted that the bar cannot afford to be silent on the issue. He encouraged the bar to intervene.

− Mr. Daudu, SAN was also of the strong opinion that the President of the NBA ought to immediately seek audience with the Commander-In-Chief of the Federal Republic Nigeria to have discussions with him on the state of affairs/understand their perspective on the issue; intimate him on the necessity for a clear and definitive intervention in the state of affairs and most importantly that he needs to speak to the nation in order to diffuse the pressure in the country. He reiterated that President Buhari must speak up and call for a cessation of hostilities by the Army and all security forces on citizens. He must formulate a clear line of affair which would include the demands of the #ENDARs protesters and a definite plan for bringing all the grievances on board. He maintained that those in authority must take steps which can be seen and not mere rhetorics.

− He maintained that there must be fair hearing for all the parties and the NBA must meet with the President to diffuse this tension. He went on to advise that those in the youth vanguard must appoint leaders to speak with government. These leaders must stand up to represent the group. He stressed that the protesters missed the plot when they failed to appoint leaders to engage with government on their behalf. This led to a state of affairs where unscrupulous elements infiltrated their ranks leading to the wanton destruction of property. He noted that this gives him great concern as certain business were targeted and property worth Billions of Naira were destroyed or put in jeopardy. He encouraged the NBA to speak up on this matter as already, it is snowballing into a more serious issue with one ethnic group accusing the other of specifically targeting their businesses. Sadly, needless blood has been shed. − He adopted the recommendations as presented by the SPIDEL Chair.

8.3 Nimi Walson-Jack – Past General Secretary of the Association commended the SPIDEL leadership for her recommendations and advised that the document be studied and sieved to extract the finest points.

− He decried the rather discouraging attitude of labour and trade unions, including the NBA who intentionally disassociated themselves from the protests. He sadly noted that the NBA was on the sidelines when the young ones protested and never came out to support the young people. He stressed that this was not right and in the future the NBA should ensure to lend her voice and support to such causes.

− He agreed with Past President J. B. Daudu, SAN that there is a need for the Bar to mind its use of language, investigate pre and post protest outcomes, make inquiries on the number of deaths, names of injured persons, victims and deceased persons. The bar

47 must verify the details, authenticate the situation before labelling the Lekki incidence as a ‘massacre’.

− Another concern of the past General-Secretary was the constitutionality of the Judicial Panel of Inquiry recently set-up. He opined that the only authentic panel is that set up by the National Human Rights Commission, therefore the panels of inquiry set up by Governors were wholly unconstitutional as they lack the power to do such.

− He pointed out that that the NBA must be cautious of getting involved in the setting up of panels of enquiry by State Governors as requested by the Federal Government as the Police is a Federal Institution and their staff are not subject to the jurisdiction of the State Governors. He therefore wondered why the Federal Government was asking States to set up panels to investigate their staff. This must be brought to the attention of the Federal Government. Pointed out that the National Economic Council which mandated the State Governors to do this also have no such mandate.

− Mr. Walson Jack opined that only appropriate panel of investigation that has been set up by the government is the Human Rights panel. The panel when properly constituted should give monthly reports and not 6 monthly reports as is currently being suggested. This way, the people will see the results and believe in the process.

− He concluded his intervention with the role of legislations in the country, in his view the country’s problem is not lack of legislations but rather the values, principles and responsibilities of officers particularly the level of understanding of these officials whose role it is to execute these legislations. La enforcement bodies/institution are unable to obey/comply with simple laid down laws in the discharge of their duties.

− He further urged the bar ought to pay attention to the recruitment process, character, quality and qualification of law enforcement agents moving forward. He noted that in a country of so many unemployed educated youths, qualification of enrollment into the force should be increased to accommodate jobless graduates so that there are better qualified persons recruited to join the Force.

In response to the point made about legislation, the NBA President stated that the law providing for the Police lacks provisions on accountability for police infractions and the need to have a frame work in place for these laws, where infractions are committed.

He sadly noted that the Police Service Commission is now part of the police as it does not really regulate the police force. This is seen by the systematic appointment of retired IGPs as the head of the commission. To this end, the law must be tweaked a bit to ensure that the Police Service Commission (PSC) properly plays its regulatory and oversight role. There is need for adequate legislation to get this done.

8.4 Lawal Rabana, SAN, Past General Secretary commended the President on his swift response to the ongoing disturbance in the country. In his reaction, he said the bar

48 needs to distinguish between the immediate and the long term solutions to the issues at hand. He emphasized on the need to emphatically condemn the recent violence and shooting of innocent citizens by security agents and to stress that NBA supports peaceful and not violent protests and condemns what the security agencies have done. He maintained that the government failed to address the issues raised by the protesters which escalated the issue.

− He pointed out that there must be two legs to NBA’s intervention. The immediate approach and the long term approach. He said the immediate issues are those that the government should urgently and as a matter of necessity address as soon as possible, while, the long-term issues are those that needs concerted and proactive actions by the government before there can be addressed. Advised the meeting not to delve into the realm of politics.

− Secondly, he noted the bar ought to look closely as the root cause of the problems, which is the irresponsibility of security agents as they no longer obey their code of conduct. There must be put in place a Code of Conduct for police officers which they would be held accountable to.

− Thirdly he suggested that before the leadership of the bar raises a delegation to meet with the President and Commander-in-chief, they need to seek audience first with the Attorney General of the Federation, express the Bar’s grievances to him, prompt him to get involved in the happenings of the country, as the Chief law officer of the Country as he is presently too silent. There is impunity being carried out under his watch and he must do more as the Chief security officer of the nation.

− Lastly, he proposed that a solidarity speech be presented by the President of the NBA and sent to all NBA branches condemning the recent killings of innocent citizens, impunity and most importantly to showcase what the bar stands for, which is upholding the rule of law. Even if it is symbolic, it should be arranged for all branches of the NBA to simultaneously read out the said solidarity speech condemning the action of the security operatives against the peaceful protesters as the NBA stands for the rule of land and will protect citizens against all acts of impunity.

The NBA President thanked him for all the points raised and promised to reach out to the Attorney General of the Federation. 8.5 Ibrahim Eddy Mark, another past General Secretary of the NBA intervened on the state of the nation. He, in clear terms aligned himself with the previous speakers and likewise supported the intent of the President to meet with the Attorney General of the Federation to discuss the state of the nation.

− He observed that what had happened was troubling and painful and the NBA must urge the AGF and the Presidency to speak out as their silence is deafening.

49 − He also agreed with past President J. B. Daudu, SAN, that the #ENDARS protesters need to appoint a leader to present a well articulated action plan to present to government.

8.6 Hon. Obafemi Adewale, Past General Secretary of the NBA applauded the President for the steps taken thus far. His intervention was by way of commendation, he consequently sought the endorsement of NEC for the steps taken by the bar President particularly the collaboration with the National Human Rights Commission which has the 1st Vice President as a member. He accordingly moved a motion for the endorsement of the steps taken by the leadership of the bar in regards to the ongoing protests, breakdown of law and order, violence, destruction of life and property in the country. This motion was duly seconded by Adeyemi Adewunmi, Chairman, Ado-Ekiti branch.

− Hon. Obafemi Adewale equally supported the recommendations made by Dr. Ananaba, SAN and agreed that all the #ENDSARS protesters are heroes of Nigeria. He further advised that all victims of the unfortunate incident must be identified before the dead can be honoured adding that the NBA cannot talk of a massacre when those that died cannot be identified.

− He further commended participation of the Human Right Committee led by the Vice President, Aikpokpo Martins. 8.7 T. J. Danjuma, Secretary, NBA Pankshin Branch applauded the President for the steps he had already taken. He accorded them the best thing the bar would have done in any circumstance. He advised that for the NBA to be up and doing, she must stand up for justice and equity, play active roles, maintain positive stance and most importantly promote the rule of law.

− He also supported the recommendations made by the Section on Public Interest and Development and urged the house to take swift steps as already suggested. He assured the President of the support of Pankshin branch.

8.8 Gabriel Tsenyen, Chairman, NBA Shendam branch also made a few interventions; he agreed with the need for a proper collation of data of victims. To this end, he advised that the NBA needs to set up a data collation center in order to adequately appraise the situation. − He also stated that there is an urgent need to review the Police Service Commission Act, in order to check the excesses of the Nigerian Police and curb excesses of Police Officers. − He went on to stress that the military must be schooled as to the rules of engagement with civilians so that there are not too quick to intervene in civil issues. − The Chairman NBA Shendam branch also submitted that there must be a Code of conduct for the Police and CCTV cameras should be installed in Police stations especially during interrogations.

50 − He advised that the NBA should setup a centre for information on victims of the Lekki tollgate shooting. − With regard to the Police Service Commission (PSC), he stated that the NBA may need to consider amending the Act so that the headship of the PSC should be a retired Justice of the Federation and not a retired Police IGs. − In relation to recruitment of policemen, he submitted that Nigeria has unemployed graduates who can be employed into the Police.

− He concluded with the issue of unemployment in the country, he proposed the extension of the compulsory National youth service corps from one year to five years military service so as to reduce the number of unemployment.

8.9 Emmanuel Eze Chima Nwosu, Chairman, Ugba Branch joined other speakers in applauding the President on the actions taken. He commended the NBA leadership on the recent interface with the National Assembly for the enactment of new laws. He said Ukwa branch align themselves totally with the bar leadership and assured the president of their unceasing support. He then urged the NBA to always take a stand on national issues as the NBA is a visible representation of the people’ desire but was now wavering in this regard. He encouraged the President to take the NBA back to her active days again.

− He maintained that the NBA must work to ensure that those responsible for the fatalities at the Lekki toll gate are unraveled and brought to book. The Army cannot deny their involvement. − He supported the call for the NBA President to visit President Buhari and reiterate that the NBA must consistently speak truth to power. − We must have laws for the effective revamping of the nation’s security force.

8.10 Pius Idemudia Oiwoh, Chairman, NBA Benin, in his intervention commended the President on the swift and pro -active steps taken in response to the disorder experienced in Benin, . He added that Benin branch was a beneficiary of the pro-active steps taken, as the President interfaced with the Commissioner of Police, Edo State to fast track the release of unlawfully detained protesters and to restore peace and order to the state. − He sadly pointed out that officers of the Nigerian Police force were adamant and reluctant to act during the jail break by mobsters, he said the release of inmates by thugs portrayed grave danger to the people of Edo state.

− He was of the view that in addition to the proposed meeting with the President of the Federal Republic of Nigeria and the Attorney General of the Federation, that a meeting also be scheduled with the Inspector General of Police. There is need to interface with the IGP because the crisis is as a result of his failure to carry out his responsibilities. The protesters ought to have had police protection. he pointed out that if the current situation was properly handled by him, the unfortunate turn of events would not have been experienced.

51 − He thanked the President for swiftly intervening. He urged the NBA to constantly interface with the security agents because the bar must always be seen as a vanguard for change. The President agreed with his submissions and further added that it a clear that citizens were tired and frustrated and that there is discontent in the land which caused the public revolt. He agreed that it is in the interest of the NBA to intervene.

8.11 Seni Adio, SAN, the immediate past Chairman, Section on Business Law also commented on the state of the nation. His intervention was rather direct and precise. His take was that the NBA cannot watch the country degenerate to a state of anarchy; he prompted the NBA to always take swift decisions on national issues, engage the youth, dialogue with the government and ensure that all law-breakers and offenders are brought to book.

− He submitted that the State Government can conduct inquiries and send it to the appropriate quarters for further investigation. − He counseled that calls for more information on the fatalities/the process of collating victims’ names should not be the cause for any delay by the NBA to take swift action. − On the issue of the #ENDSARS protesters appointing leader, he maintained that if they were not desirous of doing so, they cannot be compelled to. He pointed out that those in Government have no problem going to the nooks and crannies of our societies and communities when they are seeking votes and campaigning to the populace. Why should they now want to wait to for the protesters to identify "leaders" before they engage them? THEY DO NOT!!! − He submitted that Government (Federal and State) has the ultimate responsibility for keeping citizens safe. He argued that States are eminently qualified to investigate police brutality. Amongst other things, for example, States can make fact findings public and submit same to appropriate authorities to treat as they deem appropriate as a Governor is the Chief Security Officer of his State.

8.12 Thompson Akinyemi, Chairman, Ondo Branch was not left out in commending the bar leadership. He informed the meeting of the unfortunate vandalism and arson of the High Court in Okitipupa. He also supported the recommendations presented by Dr. Ananaba, Chairman, Section on Public Interest and Development Law; condemned the shooting at Lekki toll by military personnel and prayed for justice to be done in due cause. He also stated that the inability of President Buhari to intervene timeously led to the escalation of the problem. President Buhari should therefore apologize to the youth. He added that it is clear to all that the youth have a genuine reason to protest. We must therefore dialogue with the youths. The issue of whether people died or not should not be the issue as we all saw soldiers shooting at unarmed protesters.

8.13 Abdul Adamu Faggae, Past Chairman, Kano Branch also applauded the effort of the President. He commenced his intervention by stating that all forms of illegalities surrounding the activities of security operatives and agencies that led to the death of

52 innocent and armless citizens during the cause of the protest should be thoroughly investigated by parties concerned. He argued that whilst condemning the actions of the security agents particularly at the Lekki toll gate in Lagos, the actions of criminals and miscreants unleashing mayhem should also be condemned. − On the introduction of new legislation, he said Nigeria’s problem was not the enactment of new legislation but rather the implementation of existing legislations. He urged the meeting to ensure that all those in the helms of affairs are made to implement our existing laws.

− With regards to the Police Service Commission, he said the composition of the commission should be reviewed to include, retired military officers, lawyers, and judges as this will reflect all spheres of the society. he stated that the membership of the Commission should cut across all segments of the society in order to build the trust and confidence of Nigerians in the Service and that the Commission should be headed by a retired Judge. He also agreed that the Police Service Commission should not be headed by a retired Police Officer.

− He further advised the protesters to withdraw the protest because it has been hijacked. He aligned himself with the submissions of J. B Daudu, SAN.

− He spoke on bad governance for being the root cause of protests, he prayed for good governance in our country.

− In conclusion, he further stressed that politics was to a reasonable extent the hallmark of the carnages, casualties and fatalities that occurred during the protest. 8.14 Omoyemi Akangbe, Chairman, Lagos Branch appreciated the President for his bold move and steps made since the onset of the protest. He regarded them as timely actions. − He stated that Lagos being the epicenter of the crisis has been the worst hit in terms of destruction of properties and facilities as the Court of Appeal, High Court and Magistrate courts were partially burnt and documents, including files were carted by perpetrators. The Court of Appeal, Lagos Division as well as the City Hall, home to the NBA Lagos Secretariat were all vandalized. − He also aligned himself with the position of previous speakers on the need for NBA to intervene as soon as possible in order to bring respite. He urged the bar to identify the underlining issues and proffer apt solutions to the problems, He encouraged the bar to boldly step into the situation else we will all fall into the pit the young protesters fell into due to lack of leadership. − He maintained that there was an urgent need to engage the government on the state of the nation and equally aligned himself with submission of J.B. Daudu, SAN. − He stated that it behoves on the NBA to rise up to the occasion by engaging the government and mediating between the government and the protesters in any way necessary so as to bring lasting solutions to challenges bedeviling the country which the youths are protesting against. On this note, he proceeded to move a motion to authorize the NBA under the leadership of Mr. President to intervene on the issues at hand, engage, interface and dialogue with the Nigeria Government and mediate

53 between the #EndSARS protesters and the government in any way necessary to contain the volatile situation. − In closing, Mr. Akangbe sadly stated the citizens of Nigeria have lost hope in the government and do not trust the government as the implementation of reforms take too long.

8.15 Dr. Paul Ebiala, Chairman, Calabar branch seconded the motion on the floor moved by Chairman Lagos Branch, authorizing the NBA President to step in, intervene and engage the Nigerian government on the current imbroglio. − He aligned himself with the positions of previous speakers on the need for the NBA to come up with a resolution on the matter under discourse. − He urged NEC to consider the divergent views and contributions made by way of interventions, agree on them and proffer appropriate resolutions thereto. − Dr. Ebiala thereafter confirmed the appointment of a new acting Chief Judge in Cross- River, in the person of Hon. Justice EyoIta who was sworn-in on Monday, 19th October, 2020.

8.16 Lawal Rabana, SAN, Past General Secretary reiterated his earlier recommendation that there is the need to sift the recommendations for immediate actions and those for long term action. He enjoined NEC to look at what is achievable now and elaborate on it. − He warned the bar not to delve into political issues in our actions and decisions, and reminded the bar of the need to remain apolitical as an association.

− He again reiterated his suggestion that the NBA President prepare a speech which all branch chairmen will read simultaneously to members of their communities so the message of the NBA will get to the grassroots. The President assured the meeting pursuant to the mandate given by NEC to consider the recommendations by [SPIDEL] and adopt those that work well for the Association and for the country. He added that the bar will try and bring all parties to the table and proffer mutual beneficial resolutions as soon as possible.

− He also stressed on the need for the SPIDEL chairman to withdraw the document of recommendation already published on social media.

8.17 Hon. Justice Adesuyi Olateru-Olagbegi, past General Secretary of the NBA also gave voice to the state of the nation. He began by commending the proactive steps of the President and identified himself with all the contributions made thus far. − He spoke in tandem with previous speakers, but advised that the NBA should know its role, (advocacy, intervening and primarily the protection of the rule of law), capacity, rights and limitations in trying to address the unfortunate and recent happenings in the country.

− He categorized the role of the bar into two, namely [1] as an advocacy agent and [2] as an intervening agent.

54 − He urged the bar to issue a communique at the end of the meeting, condemning the conduct of the Nigerian army and also all forms of brutality, violence and the destruction of lives and property and to have the communique published in at least 3 national dallies.

− He warned the bar to avoid dabbling into politics and to hold her credibility in high esteem. He urged the NBA to identify and engage the leadership of the protesters, articulate their demands, also hear from the Police, for the purpose of having a balanced view and then present same to the office of the President of the Federal Republic of Nigeria through the Attorney General of the Federation. He also stressed that the credibility of the NBA should be continuously and jealously protected.

− He went on to appeal to the President of the NBA to urgently look into the validity and powers of the Executive Secretary of the Human Rights Commission, particularly the powers to set-up the Panel of Inquiry, due to the allegations that the Commission had been dissolved since 2015. He advised the NBA to be cautious so as not to be seen to embrace illegality. The President assured his lordship to look into all the issues raised. 8.18 Clement Chukwuemeka, Chairman, NBA Bwari Branch informed participants at the meeting that his Branch secretariat was attacked by unidentified protesters on Wednesday, 21st October, 2020, but stated that not much harm was done to the building.

− He advised the President take a clear and loud position on the ongoing matters in the country. The NBA must take up this mandate now as we have failed to speak truth to power in some areas where we find ourselves. The Bar must continue to speak for the people and contribute to the administration of criminal justice at various environments where they will be listened to.

− On the current issue, the stand of the NBA must be clear. The NBA must speak up boldly and clearly to assuage the protesters.

− He appealed for intervention in order to carry out repair works on the Branch secretariat.

− Responding, the NBA Chairman, Mr. Olumide Akpata, averred that it is high time the NBA quickly rose up to the occasion by negotiating with relevant stakeholders to ensure that some kind of resolution beneficial to all is reached. He pledged that he will proceed responsibly with the mandate of the NEC. 8.19 Yakubu Bawa, Chairman, Jos Branch also commended the President for his pragmatic and proactive action taken. His intervention was more of a clarification, on the importance of the inclusion of NBA in the panel of enquires set up by state governments across the country. The President did not deem it as crucial and advised that the NBA should not meddle into such issues as it is strictly the business of the

55 Governors to determine the composition of such Body, he however advised us to continue to play our roles as law officers in the temple of justice. 8.20 Ademola Koko Chairman, NBA, Epe Branch, maintained that it was unfortunate that these ugly unprovoked killings and destructions happened within the jurisdiction of NBA, Epe Branch. He maintained that there was no bad incident even with the carnival like protest in Lekki axis until the brazen carnage occasioned by the Armed Forces. 2.0 He advocated that it be made a crime for police to use live bullets on protesters. This should be included in the code of conduct for the police.

3.0 He made the following suggestions: a.) That the NBA make representation to the Governors to include Chairmen of NBA in the constitution of judicial Panels of Enquiry and prosecution of indicted officers. b.) Adequate compensation to the victims and families. c.) Provision of assistance to victims in civil suits against the aggressors in their personal capacities.

d.) Automatic employment to the injured and dependents of the deceased. e.) Removal of curfews.

f.) Address of the nation personally by President Buhari.

8.21 John Iyene Owubokiri, Secretary, NBA Port Harcourt Branch in his brief contribution stated that there is no need to count corpses or identify faces of looters and arsonists at this point. What should be done now is formulation of broad policies to deal with our findings of various levels of culpability.

8.22 Leah Dagung Hassan, NEC Rep, Jos Branch agreed totally with all the points as spelt out by past Nat. Sec. Rabana SAN, especially the involvement of the Branches.

8.23 M. A. Sodipo, Chairman NBA Badagry Branch advised that the NBA should take a holistic approach on the present issue, particularly on access to justice by the Nigerian citizens which is becoming a mirage.

8.24 Bulus Y. Atsen, Chairman, NBA Abuja Branch, (Unity Bar) submitted that while deserved blames are heaped on the government, the protesters, the Police, the military and even hoodlums who have now hijacked the situation to perpetrate mischief, it is imperative that, in the long run, we look inwards and consider the role of lawyers in the entire conundrum.

56 − He sadly observed that there are situations where lawyers initiate criminal processes on behalf of their clients over purely civil matters. Some lawyers have emboldened the Police, and indeed SARS, by inviting them to settle civil disputes in the way the police knows best. Until the NBA takes a stringent position by punishing lawyers who entrench such anomalies, we may not have the appropriate moral backbone to always caution the police in particular and the government in general.

9.0 ANY OTHER BUSINESS [A.O.B] 9.1 Seun Abimbola, Chairman, Section on Legal Practice commended the President’s initiative and the various contributions from members. He suggested that NBA should initiate a campaign to fight against police brutality and constantly address the specifics in the country through press conferences. He spoke on the role of the bar to educate the citizenry on their rights as enshrined in the constitution. The onus of informing and educating the public on their rights as citizens should be another role the bar should play, thereby creating awareness. 9.2 The AOB intervention of past President, Joseph Daudu, SAN, was centered on the constitutionality of the Galadima-Panel set-up by the executive secretary of the Human Rights Commission in the absence of the board. The past president brought the notice of [NEC] to the statutory proviso that empowers the supervisory minister to take over the functions and duties of the board in the absence of a governing counsel.

− He stated that based on the presumption of regularity the executive secretary must have sought the approval of the Attorney General of the Federation who is the supervising minister of the Human Rights Commission to set-up the panel.

− He further argued that the constitutionality of the panel in his view appeared to be valid most importantly because the panel in his opinion is serving a public good. He also said that the judicial service of inquiry set up by the state Governors were valid as there were inquiring into breaches of the fundamental human rights of their States indigene and had been set up in accordance with the Commission of Inquiry Laws of the respective States

− His second AOB intervention was on the constitutionality of state panels set up by state governors, in his opinion, the angle upon which the states set up their panel is under their Commission of Inquiry Law as it relates to the fundamental rights of their citizens, the learned silk in his opinion said the panel were valid.

− Finally on the Prof. Adekunle Panel, the learned silk subscribed totally to the initiative between the NBA and the National Assembly, but raised concerns on how to interface with the panel. He urged the NBA President to look into this issue personally. 9.3 The President promised to reach out to Prof. Adekunle, to set up a protocol of engagement in order to access viewpoint across board.

57 10.0 CONCLUSION The President once again thanked everyone online, past Presidents, past General-Secretaries and learned Silks for taking out time to log on for the meeting at such short notice. He appreciated the meeting for the mandate given and undertook to deliver on the mandate handed over to the leadership of the bar. He informed the house of plans on having a physical NEC meeting in November, which date will be communicated soon. 11.0 ADJOURNMENT/CLOSING There being no other business S. C. C. Nwosu, Chairman, Ukwa Branch moved the motion for adjournment, Tonte Daniel-Briggs Secretary, Degema Branch seconded same and the meeting was accordingly adjourned and came to a close at 4: 15pm.

DATED THIS 22ND DAY OF OCTOBER, 2020.

______OLUMIDE AKPATA JOYCE ODUAH PRESIDENT GENERAL SECRETARY

58 COMMUNIQUE ISSUED AT THE END OF THE EMERGENCY MEETING OF THE NATIONAL EXECUTIVE COMMITTEE (NEC) OF THE NIGERIAN BAR ASSOCIATION (NBA) HELD ON THURSDAY, 22ND DAY OF OCTOBER 2020

1.0 INTRODUCTION 1.1 An Emergency Meeting of the NBA NEC was called by the NBA President, Mr. Olumide Akpata and held on 22nd day of October 2020.

1.2 The sole agenda for deliberation was the State of the Nation following the nationwide protests by the #ENDSARS movement, the shooting of unarmed protesters at the Lekki Tollgate in Lagos, the vandalization and looting of public and private assets across the country, the general breakdown of law and order and matters ancillary thereto. 2.0 RESOLUTIONS

At the end of extended deliberations, the NBA NEC, among other things, resolved as follows:

2.1 That NEC ratifies and adopts all actions and steps so far taken by the NBA President in respect of the #ENDSARS protests including (i) the statements, interviews and press conferences that have been issued/granted by the NBA President; (ii) the pro bono scheme set up to provide legal support to peaceful protesters across the country; (iii) the on-going collaboration with the National Human Rights Commission regarding the activities of the Independent Investigative Panel set up to publicly inquire into human rights violations by the Special Anti-Robbery Squad and other units of the Nigerian Police; (iv) the commitment to providing free legal aid to, and representing victims of, human rights violations before the various Judicial Panels of Inquiry established by State Governments across the country; and (v) the partnership with the House of Representatives towards the urgent enactment of a law that will make the Nigerian Police more responsive and accountable to the citizenry.

2.2 That for the avoidance of doubt, the NBA unequivocally deplores and deprecates the assault, intimidation and killing of unarmed protesters at the Lekki Tollgate and across the country and reiterates that the right to peaceful protest is an inherent right of citizens in any democracy.

2.3 That the Federal Government of Nigeria and all relevant authorities, must as a matter of urgency, carry out a thorough, independent and transparent investigation to identify those who ordered, or are behind the shooting at the Lekki Toll Plaza and to definitively confirm the identity of those killed, missing or severely wounded during the incident.

2.4 That the NBA should conscientiously and actively follow up with aforesaid investigations and following the investigations, immediately commence/press for the commencement of criminal prosecution both in Nigeria and at the relevant international fora against all agencies and persons involved, complicit or otherwise indicted in the Lekki Toll Plaza incident and similar occurrences across the country.

2.5 That all detained peaceful protesters should be released unconditionally forthwith. The NBA Branches in collaboration with the National Secretariat and the States’ Attorneys-General should continue to push for and secure the immediate and unconditional release of peaceful protesters who have been detained by various State Police Commands across the country.

59

2.6 That the NBA condemns in strongest terms possible the action of the hoodlums who took advantage of the peaceful protests to wantonly destroy private and public properties and calls on the authorities to urgently investigate, arrest and prosecute those involved in such nefarious and reprehensible activities. The NBA further appeals to the peaceful protesters to call off the protests and be ready to dialogue with the government so that their demands can be appropriately addressed.

2.7 That President of Nigeria should unequivocally direct the military and other security agencies to immediately desist from attacking peacefully protesting citizens. He must formulate and immediately implement, with demonstrable bona fides, a clear course of action which would include dealing decisively with the demands of the #ENDSARS protesters.

2.8 That as a means of containing the volatile situation in the country, there must actionable channels of communication between the government and the protesters and that the NBA President is mandated to proactively intervene, mediate between the #ENDSARS protesters and the government and work towards a resolution (with clear timelines and deliverables) that will be acceptable to all parties involved.

2.9 That there is need for a total overhaul of the Nigeria Police and all security and para-military organisations. More attention should be paid to the recruitment process of the Police and the qualification for enrollment into the various security agencies should be improved upon. The issue of the remuneration and welfare of the officers should also be holistically addressed.

2.10 That the NBA is worried and concerned about (i) the impact of the ongoing crisis on the administration of justice across the country following the destruction of different courts in various States by hoodlums; and (ii) the livelihood of its members who practice in, or around those courts. The NEC accordingly mandates the NBA President to actively engage with relevant authorities in the affected States with a view to ensuring that business resumes at those courts as quickly as possible.

DATED THIS 22ND DAY OF OCTOBER 2020

______OLUMIDE AKPATA JOYCE ODUAH, FICMC PRESIDENT GENERAL SECRETARY

60

NIGERIAN BAR ASSOCIATION Management Accounts for the quarter ended 30 September 2020

61

Contents Page

Caveat 2

Statement of Financial Position 64

Statement of Comprehensive Income 65

Statement of Changes in Members' Funds 66

Notes to the Financial Statements 67-82

Appendix 83-84

62 Caveat

In preparing these financial statements, we have relied on the balances and the information provided in the audited financial statements as at 31 July 2018. We have not audited or verified all the information set out in the audited financial statements as at 31 July 2018 which we have had to rely upon in the preparation of these financial statements.

In view of the fact that we have not received all the relevant records required to confirm the opening balances as at the time of the preparation of these financial statements, there is a strong probability that some of the information set out in these financial statements will be re- stated as and when the relevant records are received

63 NIGERIAN BAR ASSOCIATION Statement of Financial Position for the quarter ended 30 September 2020

Notes 30-Sep-20 30-Jun-20 ASSETS N'000 N'000 Non-Current Assets Property, plant and equipment 1 2,853,047 2,773,693 Total Non-Current Assets 2,853,047 2,773,693

Current Assets Receivables 2 1,097 1,147 Inventories 3 7,117 7,338 Prepayment 11 - 28,793 Cash & cash equivalent 4 888,919 1,231,306 Total Current Assets 897,133 1,268,584

Total Assets 3,750,180 4,042,276

Non-Current Liabilities Deferred income 10 166,901 166,901 Total Non-Current Liabilities 166,901 166,901

Current Liabilities Accounts payable 5 553,416 524,975 Total Current Liabilities 553,416 524,975

Total Liabilities 720,318 691,876

Members' Funds Unrestricted funds 2,825,959 3,085,422 Restricted funds 203,902 264,978 Total Funds 3,029,862 3,350,400

Total Liabilities and Members' Funds 3,750,180 4,042,276

64

NIGERIAN BAR ASSOCIATION Statement of Comprehensive Income for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 Income Notes N'000 N'000 Unrestricted income 6 52,726 62,393 Restricted income 7 20,418 110,288 Total Income 73,144 172,681

Expenditure Program services 8 186,328 8,812 General & administrative expenses 9 207,354 222,272 Total Expenditure 393,682 231,084 Deficit (320,538) (58,404)

65

NIGERIAN BAR ASSOCIATION Statement of Changes in Members' Fund for the quarter ended 30 September 2020

Members' Funds Unrestricted Restricted Total N'000 N'000 N'000 Re-stated balance at 30 June 2020 3,085,422 264,978 3,350,400

Excess of receipts over expenditure (259,462) (61,076) (320,538)

Balance at 30 September 2020 2,825,959 203,902 3,029,862

66

NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020 Construction in Furniture & Office Plant & *Land & Library Motor Total Progress Fittings Equipment Machinery Building Books Vehicle COST N'000 N'000 N'000 N'000 N'000 N'000 N'000 N'000 Balance at 30 June 2020 2,040,325 63,174 71,034 30,147 692,178 7,164 72,238 2,976,260 Additions in the period 87,039 ------87,039 Balance at 30 September 2020 2,127,364 63,174 71,034 30,147 692,178 7,164 72,238 3,063,298

ACCUMULATED DEPRECIATION Balance at 30 June 2020 - 52,210 46,833 26,944 - 4,342 72,238 202,567 Depreciation for the period - 2,660 4,364 541 - 120 - 7,684 Disposal in the period ------Balance at 30 September 2020 - 54,870 51,197 27,485 - 4,463 72,238 210,251

NET CARRYING AMOUNT Balance at 30 June 2020 2,040,325 10,964 24,201 3,203 692,178 2,822 0 2,773,693

Balance at 30 September 2020 2,127,364 8,304 19,837 2,662 692,178 2,701 0 2,853,047

*Land is supposed to be recognized, measured and disclosed separately from buildings so that building can be depreciated. There is insufficient information to make such distinction at this time. The proper treatment will be carried out once this information becomes available.

67

NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 2 Receivables Staff loans and advances - 50 NBA Section on Legal Practice (SLP) 18,489 18,489 Law Officers' Association of Nigeria 200 200 NBA Section on Public Interest and Development Law 114 114 (SPIDEL) NBA Women Forum 1,097 1,097 Provision for doubtful receivables (18,803) (18,803) 1,097 1,147

***The receivables balance as at 30 June 2020 was re-stated to reflect the audited balance at the period. The decrease in the balance is attributed to the provision for doubtful receivables in the audited financial statements as at 30 June 2020.

3 Inventories 7,117 7,338

4 Cash and Cash Equivalents Access Bank Plc -SAFE Project 317 1,363 Access Bank Plc - COVID-19 Relief Account 16,337 92,885 Access Bank Plc- Human Rights Institute 182 188 Access Bank Plc - Annual General Conference account 19,233 9,316 Access Bank Plc - Bar Practicing Fee account 571,867 230,458 Access Bank Plc - Project account 13,005 16,492 Access Bank Plc - Administrative account 120,442 169,533 Access Bank Plc - North East account 204 204 Access Bank Plc - Stamp and seal account 29,959 76,854 Access Bank Plc - National Executive Committee account 38,200 37,104 Access Bank Plc - NBA Naira MacArthur Foundation 5,159 21,895 account Access Bank Plc - NBA Dollar MacArthur Foundation 71,779 71,778 account Access Bank Plc - Pounds 171 171 Access Bank Plc - Dollar 2,065 2,065 Fixed Deposit account - 501,000 888,919 1,231,306

***The opening balance of the foreign currency accounts was re-stated to reflect the audited balance at the period ended 30 June 2020. The differences in the opening and closing balance of the accounts were as a result of the exchange rate at the reporting date.

68

NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000

5 Accounts Payable Salaries 5,642 - P. A. Y. E. 339 - Staff pension 1,436 238 Unexpired Lease (Wale Babalakin) 17,500 17,500 NBA Abuja branch 39,588 38,490 Lease renewal - NBA House, Lagos 399,444 399,444 Agency Fee - 8,345 5.1 Other payable 89,467 60,957 553,416 524,975

5.1 Other Payable Professional expenses - Accounting 1,388 1,021 Professional expenses - Audit 4,328 7,335 Withholding tax payable 17,039 19,938 2020 NBA elections payable 2,000 - Security and cleaning expenses payable 1,473 - 5.1.1 AGC payables 50,152 19,575 National secretariat building payable 4,000 4,000 5.1.2 Legal expenses 1,300 1,300 Office expenses 1,120 1,120 5.1.3 2018 NBA elections payables 2,660 2,660 5.1.4 Seminars, workshops and programmes' expenses 114 114 5.1.5 Photography expenses 1,876 1,876 5.1.6 Committee meeting, transport and travelling expenses 2,018 2,018

89,467 60,957

***The other payable balance was re-stated to reflect the audited balance as at the period ended 30 June 2020. The increase in the total payables is attributed to the audit fee payable as at 30 June 2020.

5.1.1 AGC Payables 2018 AGC Payable: Accrued event management fee - 14,575 Honorarium for press men during the 2018 AGC 2,000 2,000 Hiring of 10 buses from 26 - 30 August 2018 for the 2018 2,000 2,000 Annual General Conference Photograph coverage at the 2018 AGC 1,000 1,000

69

NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 2020 AGC Payable: - Accommodation 4,884 - IT Consultancy 5,794 - Media and event production 29,175 - Conference item (Face masks) 4,300 - Entertainment and meals 160 - Hiring of equipment 178 - Other expenses 661 - 50,152 19,575

5.1.2 Legal Expenses NBA Suit NO: LD/2492 GCM/2018 300 300 NBA Case: Ephraim Emeka Ugwuoye,Esq V NBA & Anor. 250 250 Suit SC/986/17 NBA Suit NO: LD/2492 GCM/2018 250 250 NBA Case: Ezenwa Anumunu & Anor V. NBA suit No. 250 250 FCT/HC/CS/2686/17 NBA Case: Ayodeji Adeleke Akinjokun V. Incorporated 250 250 Trustees of NBA & 3 ORS. Suit No FHC/ABJ/CS/86/18

1,300 1,300

5.1.3 2018 NBA elections payables Accrued expenses for the 2018 Electoral committee 832 832 sitting's on the 4th - 8th August,2018 Provision of LED Screen for NBA 2018 National Officers' 110 110 elections NBA 2018 electoral committee's sitting expenses on the 1,105 1,105 13th - 20th August 2018 Allowance for staff working during the NBA 2018 National 613 613 Officers' election 2,660 2,660

5.1.4 Seminars, workshops and programmes' expenses

Accrued expenses from 2018 Niger Delta task force's town 114 114 hall meeting with stakeholder in Niger - Delta

114 114

5.1.5 Photography Expenses Photograph coverage for November 2016 NEC meeting in 660 660 Minna, Photograph coverage during the past President's courtesy 186 186 visit to CJN Hon. Justice Walter Onnoghen on 18 January 2017 Photograph coverage during the Government 660 660 sponsored dinner in honour of past President on 21 January 2017 Photograph coverage during the inauguration of 2017 110 110 NBA Technical Committee on Conference Planning (TCCP) on 11 April 2017

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NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 Photograph coverage during the 2017 Annual General 110 110 Conference unveiling on 27 June 2017 Photograph coverage during the past President's courtesy 150 150 visit to Governor on 24 and 25 July 2017

1,876 1,876 Committee meeting, transport and travelling 5.1.6

expenses Travelling expenses for NBA technical committee on 396 396 lawyers' microfinance bank's meeting on 6 August 2018.

Traveling allowance for past assistant financial secretary's 230 230 official trip to Abuja from 19 -24 August 2018.

Transportation reimbursement for 4 past national officers' 480 480 visit to Zamfara for fact finding on 17 and 18 August 2018.

NBA disciplinary committee's panel sitting expenses at 418 418 Asaba on the 12Th May and 16th June 2018

Reimbursement for past general secretary's official trip to 210 210 Abuja on 27 August 2018

Reimbursement for past treasurer's official trip to Abuja 284 284 on 27 August 2018 2,018 2,018

6 Unrestricted Income Members database registration and verification 561 638 Bar Practice Fees 39,367 52,260 6.1 Annual Conference Income 11,750 5,500 Sales of NBA products 9 137 Letter of good standing 166 111 Sundry income 85 - Interest income 788 3,748 52,726 62,393

6.1 Annual Conference Income 2020 AGC 2019 AGC 6.1.1 Donations (AGC) 8,150 5,500 6.1.2 Sponsorships 3,600 - 11,750 5,500

6.1.1 Donations (AGC) 2020 AGC 2019 AGC Templars - 5,000 Oando Plc. - 500 Alliance Law Firm 750 - Zenith Bank 5,000 - Paul Usoro & Co. 400 - Banwo & Ighodalo 1,000 - Kano State Government 1,000 - 8,150 5,500

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NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 6.1.2 Sponsorships Nigerian Law Publication Limited 1,000 - Sparkle 500 - Wada Omojo Jehu 200 - Akotex Nigeria Limited 200 - Deji Sasegbon and Co. 250 - Grace Infotech Limited 1,000 - Taxaide Professional Services 250 - DSCL Corporate Services Limited 200 - 3,600 -

7 Restricted Income Stamp sales 19,916 17,393 7.1 COVID-19 relief donations 500 92,893 Restricted interest income 2 2 20,418 110,288

7.1 COVID-19 Relief Donations Dr. Wale Babalakin SAN - 10,000 Anonymous-C/o Dr. Wale Babalakin SAN - 10,000 Lateef O Fagbemi SAN - 5,000 Chief Oluwole Olanipekun SAN - 2,500 Dr. Onyechi Ikpeazu SAN - 2,000 S. I. Muhammed & Co - 2,000 Yusuf Ali SAN - 2,000 Ukiri & Lijadu - 2,000 Oluwafemi Peter Atoyebi SAN - 1,000 Principles Law Partnership/Mrs Essien SAN - 1,000 Ibrahim Sani Muhammed SAN - 1,000 Joe Agi SAN - 1,000 Mahmud & Co - 1,000 Miannaya Essien SAN - 1,000 Abubakar Malami SAN - 1,000 Sen. Michael Opeyemi Bamidele - 1,000 Yunus Ustaz Usman & Co - 1,000 Dr. Babatunde Ajibade SAN - 1,000 Victor Ndoma Egba SAN - 1,000 Olumide Akpata - 1,000 Anonymous-C/o Dr. Wale Babalakin SAN - 1,000 Kunle Ogunba & Associates - 1,000 Ahmed Raji & Co - 1,000 Fidelis Oditah QC, SAN - 1,000 The Body of Senior Advocates of Nigeria - 1,000 Mfon & Paul Usoro SAN - 1,000 Anonymous - 1,000 Aluko & Oyebode - 1,000 Dodo D Damian SAN - 1,000 Banwo & Ighodalo - 1,000 Chief Mike Ozekhome SAN - 600 Y C Maikyau SAN - 500 Okocha & Okocha - 500 Adegboyega Awomolo & Associates - 500

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NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 COVID-19 Relief Donations Chief O. E. B. Offiong SAN - 500 Rickey Tarfa SAN - 500 Abdulwahab Muhammed - 500 Prof Musa Yakubu SAN, OFR - 500 Ahmed A. Raji SAN - 500 Fagbohunlu John Babatunde SAN - 500 Olawale Akoni SAN - 500 A. Mustapha SAN - 500 Bode Olanipekun SAN - 500 Koku Babajide Olatokunbo SAN - 500 Pinheiro LP/Kemi Pinheiro SAN - 500 Toyin Pinheiro SAN - 500 Perchstone & Graeys - 500 Prof. Fabian Ajogwu SAN - 500 S. I. Ameh SAN - 500 Streamsowers & Kohn - 500 Bayo Ojo SAN - 500 Ifedayo A Adedipe SAN - 500 Obi Uche Valentine SAN - 500 Dr. Muiz A Banire SAN - 500 Joe Kyari Gadzama SAN - 500 Rotimi Jacobs SAN - 500 Solomon Eyibio Umoh SAN - 500 Emeka Etiaba SAN - 500 Julius Oladele Adesina SAN - 350 John Olusegun Odubela SAN - 300 Seni Adio SAN - 300 Emeka Ngige SAN - 300 Sylva Ogwemoh SAN - 300 L. C. Ilogu SAN - 300 Emeka Ozoani & Co - 300 Ayodele Akintunde & Co - 250 Mrs Funke Adekoya SAN - 250 Synergy Attornies/Abiodun Owonikoko SAN - 250 Ogunwumiju Kehinde Olamide SAN - 250 Adeniji Kazeem & Co - 250 Olatunde Busari SAN - 250 George Oguntade SAN - 250 Ken E. Mozia & Co - 250

73

NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 COVID-19 Relief Donations Elisha Y. Kurah & Co - 250 Ade Adedeji SAN - 250 Kamaldeen Adeyemi Ajibade SAN - 250 Ogunsanya & Ogunsanya - 250 Sam Ologunorisa SAN - 250 Lasun Sanusi SAN - 250 Theo Chike Osanakpo SAN - 250 Olanipekun Oladapo Olumide SAN - 250 Adetunji Oyeyipo SAN - 250 Olagoke Omobolanle Fakunle SAN - 250 Akeredolu Abimbola SAN - 250 Zenith Bank Plc - 250 Shasore Olasupo SAN - 250 Eyitayo Jegede SAN - 250 Roland Otaru SAN - 250 Dr. H. M. Liman SAN - 250 Eric Kelechi Igwe - 250 Mike Igbokwe SAN - 250 Ikwueto Patrick Ifeanyi SAN - 250 Steve Ojomeko Adehi SAN - 200 Olusegun O Jolaawo SAN - 200 Prof. Offornze Amucheazi SAN - 200 Tola Oshobi SAN - 200 Oba Nsugbe QC, SAN - 200 Dayo Apata SAN - 200 Ferdinand Orbih SAN - 200 Adebayo Adelodun & Co - 200 Adesegun Ajibola SAN - 200 Solo Akuma & Associates - 200 Abiodun Adediran Ola SAN - 200 Oladipo Olasope SAN - 200 Akubo Pius Ademu SAN - 200 Olumuyiwa Aduroja & Co - 200 Olumide Aju SAN - 200 Kabiru T. Turaki SAN - 200 Uko Udom SAN - 200 Kevin C Nwufo SAN - 200 Essien Udom SAN - 200 Dr. Garba Tetengi SAN - 200 Anonymous - 150 Alade Agbabiaka & Co - 150 Adewale Atake SAN - 150 Lucius E. Nwosu SAN - 150 Lawbreed Foundation - 150

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NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 COVID-19 Relief Donations Abiodun Ishola Layonu SAN - 150 Olumide Sofowora SAN - 150 Godwin Omoaka SAN - 100 Enitan Olukayode Abayomi SAN - 100 Biriyai Dambo SAN - 100 Olisa Agbakoba SAN - 100 Rotimi Oguneso SAN - 100 Adewale Sunday Adesokan SAN - 100 Paul C. Ananaba & Co - 100 O. J. Onoja (SAN) & Associates - 100 Nasser Abdu Dangiri & Co - 100 Balogun Oluwakemi SAN - 100 Dr. K. O. Famuyiwa - 100 Mabel Ekeke - 100 Kolade Olawuni - 100 Babajide Lawal - 100 Anonymous - 100 Ama Etuwewe SAN - 100 Omokayode A. Dada - 100 Ahia C. Kenneth SAN - 100 Adekunle Oyesanya SAN - 100 Dayo Akinlaja & Co - 100 Okey Amechi SAN - 100 Bola Olotu - 100 Louis M. Alozie SAN - 100 Tawo E. Tawo SAN - 100 Eleja Kehinde Kolawole SAN - 100 Abdul Ibrahim SAN - 100 Prof Wahab Egbewole SAN - 100 Ohwovoriole Ekemejero SAN - 100 Leslie Arthur Nylander SAN - 100 Eyitayo Ayokunle Fatogun - 100 Ayo Asala SAN - 100 Joe Abrahams SAN - 100 Dr. J. Y. Musa SAN - 100 Usman Ogwu Sule SAN - 100 Emeka P Okpoko SAN - 100 Dr. J. O. Olatoke SAN - 100 Ogbole Paul Harris Adakole SAN - 100 Ebun-Olu Adegboruwa SAN - 100 Dr. F. Chuka Agbu SAN - 100 Anonymous - 100 Anonymous - 100 Charles Udoka Ihua-Maduenyi - 100 Mba Ekpezu Ukweni SAN - 100 Olawoyin Adewale Adedamola SAN - 100

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NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 COVID-19 Relief Donations Wole Agunbiade SAN - 100 Jireh & Greys Attorneys - 100 Samuel Otseilu Zibiri SAN - 100 Dr. Onigbinde Akin Theophilus SAN - 100 Victor Nesi Ihua-Maduenyieso - 100 I. M. Dikko SAN - 100 Wilcox Abereton & Co - 100 Prof Mamman Lawan SAN - 100 Akanbi Muhammed Mustapha SAN - 100 Hakeem Afolabi SAN - 100 George C. Igbokwe SAN - 100 Onuzulike Felix Anayo - 100 Ejike Ezenwa - 100 Dayo Oketola - 50 Yinka Arasi - 50 Taiwo Ade-Lawal - 50 Tolu Orunmuyi - 50 Dr. Kubi Udofia - 50 Oluwaseun Awonuga - 50 Kehinde Daodu - 50 Ibrahim Mukhtar - 50 Edward Ashiekaa SAN - 50 Mustapha Shaba Ibrahim - 50 Emenike Nyenke Ebete - 50 Iboroma Dagogo Israel - 50 Anonymous - 50 Krukrubo Tonye T. J. - 50 Uche S. Awa - 50 Blessing Aigbe - 30 Raphael Terfa Agbanyi - 20 Obasi-Nwabueze - 20 Tobechukwu Anthonia Rapu - 20 Mohammed Adelodun - 20 Pius Agbo Joseph - 20 Dunni Segun-Oke - 20 Faruq Hussain - 20 Kayode Osho - 20 Lawrence Ochulor - 20 Ilemobade O. Olagbegi - 20 Gerald Ivhador - 20

76

NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 COVID-19 Relief Donations Adedayo Osijo - 20 Moyosore Adeyi - 20 Larry Nkwor - 20 Lawrencia Anene - 20 Yusuf Abbas - 20 Joseph Nembe - 20 Korede Sotubo - 20 Chisom Oyejeocha - 20 Aniekan Ekong - 20 Abdulrauf Tijani Aboki - 15 Ogochi Peace Nwosu - 15 Oluwabusola Susan Oketade - 15 Happiness Arhere - 15 Teslimat Tolu Bello - 15 Joy Oyin Afolabi - 15 Tolu Adeyeye - 15 Abiola Kemi Adegunde - 12 Abdulrahman IsaWasegu - 10 Faizah Danlami Zama - 10 Abdulrahman Belgore - 10 Chika Promise Nwozor - 10 Nuratu Umar - 10 Faisal Abubakar - 10 Rachel David Mann - 10 Firdausi Abdulahi Ahmad - 10 Naomi Samariya Banku (NYSC-Member) - 10 Kelechi Ogbonna - 10 Abdulmimin Yasin - 10 Martina Aguocha - 10 Temitope Samuel - 10 Banke Adegbola - 10 Patrick Akwu - 10 Princess Otah - 10 Anjola Folarin - 10 Allison Achinuvu - 10 Yetunde Alabi - 10 Blossom Egbude - 10 Charles Adekunle - 10 Halimat Salami - 10 Ovye Affi - 10 Adaobi Okafor - 10 Iyanujesu Oguntunji - 10 Winnie Eneam - 10 Lateef Omotosho - 10

77

NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 COVID-19 Relief Donations Kingsley Ibe - 10 Elizabeth Onatade - 10 Favour Agunu - 10 Anthony Chigozi Ekwoaba - 6 Hannatu Ayuba Matunji - 5 Morris Chijoke Duru - 5 Hannah Charles Dikki - 5 Belgore Mahmoud - 5 Muhammad Muhammad Gajo - 5 Nana Fatima Usman - 5 Mary Omoyeme Musa - 5 Yakubu Bako (Student) - 5 Gabriel Ofodile Okafor SAN 200 - Emeka Akaolisa 100 - Funmilayo Quadri 100 - Aliyu Bello Mohammed 100 - 500 92,893

8 Program Services 8.1 Unrestricted program expenses 85,702 1,552 8.2 Restricted program expenses 100,626 7,260 186,328 8,812

8.1 Unrestricted Program Expenses 8.1.1 Annual conference expenses 83,174 0 Committee meeting expenses 1,090 1,552 NEC meeting expenses 1,439 - 85,702 1,552

8.1.1 Annual Conference Expenses 2020 AGC 2019 AGC Accommodation (AGC) 8,104 - Hiring and Decoration of hall/venue (AGC) 6,938 - Media and event production 47,805 - Security and cleaning expenses (AGC) 115 - Entertainment and meals (AGC) 445 - IT Consultancy Fee (AGC) 14,654 - Conference items 4,300 - Other expenses (AGC) 813 0 83,174 0

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NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000

8.2 Restricted Program Expenses 8.2.1 Macarthur Foundation Project 14,956 7,260 CoviD-19 Palliative disbursement 85,670 - 100,626 7,260

8.2.1 MacArthur Foundation Project Seminars, Workshops and Programmes (Mac) 675 - Bank charges (Mac) 2 0 Honorarium (Mac) 100 - Project team expenses (Mac) 3,000 3,510 Professional fee (Mac) 10,301 3,750 Other expenses (Mac) 877 - 14,956 7,260

9 General and Administrative Expenses 9.1 Unrestricted expenses 140,815 185,031 9.2 Restricted expenses 66,539 37,242 207,354 222,272

9.1 Unrestricted Expenses 9.1.1 Personnel expenses 22,887 20,911 9.1.2 Professional fees 3,031 6,889 Law Pavilion electronic law reports subscription 52,683 - Security and cleaning expenses 6,429 3,934 Printing & Stationery - 314 Accommodation 78 - Bank charges 339 303 Repairs & maintenance 173 1,008 Subscription/dues 1,827 - Courier Services 1,464 1,191 Internet subscription/website hosting 2,282 750 Provision for doubtful receivables - 18,803 Election monitoring expenses (National Elections) 1,095 - Donations expense 500 -

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NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 Depreciation (see note 1) 7,684 7,684 Transport and travelling expenses 539 247 Newspapers and periodicals 105 - Office expenses 563 406 Members Group Life Insurance 1,298 51,115 Diesel- Generator 960 - Fuel and lubricants 890 - Electricity 1,145 854 9.1.3 NBA election expenses 28,219 1,697 10% BPF remittance to NBA branches - 65,755 Photography expenses 160 - 9.1.4 National Officers' expenses 6,464 3,169 140,815 185,031

***The unrestricted expenses' balance as at 30 June 2020 was re-stated to reflect the provision for doubtful receivables at the period.

9.1.1 Personnel Expenses Salary 16,901 15,292 Allowances 661 - NYSC 400 650 Volunteers 570 570 Pension 3,342 3,389 PAYE 1,013 1,010 22,887 20,911

9.1.2 Professional Expenses Professional Expenses - Legal 700 - Professional expenses - Others - 5,375 Professional expenses - Accounting 2,331 1,514 3,031 6,889 9.1.3 2020 NBA election expenses Accommodation, travel expenses, meeting allowance for 4,246 1,877 ECNBA and allowance for Ad Hoc Staff

Members verification support service 2,125 - IT Consultancy service 10,000 - Help-desk support service 1,608 - Election buddy consultancy services 8,668 - Hirer of equipment and other expenses 1,359 - Email service subscription 213 - 28,219 1,877

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NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 9.1.4 National Officers' expenses Payment to Grand Pela Hotels for the former assistant 25 - publicity secretary's stay between 22Nd - 23rd November 2019

Travel allowance paid to the former legal adviser for Lagos 187 - on 15 July 2020

Payment to Bolton White Hotels for the former general 420 - secretary's accommodation between 16 June - 04 July and 07-12 July 2020

Payment to Grand Pela Hotels for the former general 50 - secretary's stay between 10 - 11 January 2020

Travel allowance paid to the former legal adviser for Lagos 232 - on 11 August 2020

Payment to Bolton White for accommodation of the 390 - former general secretary and Legal Adviser's stay between 14 - 31 July 2020

Travel allowance paid to the former welfare secretary for 80 - official trip to Abuja between 13 -14 August 2020

Payment to Bolton White Hotel for the former general 60 - secretary's stay between 5th - 7th August

Payment to Bolton White Hotel for the former general 120 - secretary and Welfare Secretary's accommodation between 12 -15 August 2020

Allowance paid to the former 3rd vice president for official 180 - assignment in April, May June and August 2020

Allowance paid to the former welfare officer for official 120 - assignment in April, May June and August 2020

Allowance paid to the former 1St assistant secretary for 160 - official assignment in April, May June and August 2020

Allowance paid to the former financial secretary for 240 - official assignment in April, May June and August 2020

Pre-NEC and AGM Allowance paid to the former 1St, 2Nd 4,200 - and 3rd vice presidents, the general secretary and other National Officers

Travel allowance paid to the former welfare secretary for - 280 official trip to Abuja on 28-29 February, and 5, 7, 10, and 13 March 2020

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NIGERIAN BAR ASSOCIATION Notes to the Financial Statements for the quarter ended 30 September 2020

30-Sep-20 30-Jun-20 N'000 N'000 Payment for the former 3rd vice president and general - 270 secretary's accommodation for official visit from 11 - 26 May 2020

Travel allowance paid to the former 3rd vice president for - 360 Abuja branch executive elections' assignment in May and June 2020

Travel allowance paid to the former assistant financial - 160 secretary for Abuja branch executive elections' assignment in May and June 2020

Travel allowance paid to the former legal adviser for Abuja - 304 branch executive elections' assignment in May and June 2020

Travel allowance paid to the former general secretary for - 510 Abuja branch executive elections' assignment in May and June 2020 Payment for the former 3rd vice president, the general - 750 secretary and the legal adviser's accommodation between 02-12 June 2020 for the Abuja election assignment.

Payment for the former general secretary's - 330 accommodation bill for official visits between 18- 31 January 2020

Payment for the former general secretary's - 85 accommodation bill between 05, 11, 22 and 23 November 2019

Payment for the former general secretary's - 120 accommodation bill between 24 - 27 October 2019

6,464 3,169

9.2 Restricted Expenses Printing of stamps and licenses 66,539 37,242 66,539 37,242

10 Deferred Income Rental income on NBA house in Lagos 166,901 166,901 166,901 166,901 11 Prepayment Law Pavilion electronic law reports subscription - 28,793 - 28,793

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APPENDIX Narrative summary of Nigerian Bar Association’s (“NBA”) management account for the quarter ended 30 September 2020 ………………………………………………………………………………………………………………………… The purpose of this appendix is to summarize the financial results of NBA for the quarter ended 30 September 2020. This report highlights key aspects of the financial statements and provides succinct overview of the financial position of the Association. In addition, it also contains non-financial information that we deem will be of importance to the users of the financial statements. 1. Income The total income of N73,144,260.00 received during the period represents the aggregate of restricted and unrestricted income both of which were N20,417,962.00 and N52,726,298.00 respectively. Other streams of unrestricted income were members’ database registration and verification amongst others. The breakdown of both restricted and unrestricted income during the period is highlighted in the table below:

Restricted Income N’000 Stamp Sales 19,916 COVID-19 Relief Donations 500 Restricted interest income 2 Total 20,418 Unrestricted Income Members database registration and verification 561 Annual conference income 11,750 Bar Practice fees 39,367 Sales of NBA Branded Items 9 Letter of Good Standing 166 Sundry Income 85 Interest Income 788 Total 52,726 Total Income 73,144

Table 1: Analysis of NBA revenue for the quarter ended 30 September 2020.

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2. Expenses: The expenses totaled N393,681,749.00. Thehighest spends during the period wereon COVID- 19 palliative disbursements to young lawyers and 2020 Annual General Conference (AGC) expenses which represents N85,670,000.00 and N83,173,784 respectively. Further details of the COVID-19 palliative disbursement are disclosed in appendix 6. The breakdown of 2020 AGC expenses is also disclosed in Note 8.1.1 of the management account.

3. Cash and Cash Equivalent: This represents the total cash in bank at the quarter ended 30 September 2020. The total cash in bank was N888,918,636.76 The closing balances in the various undedicated accounts as at the reporting period were as contained in the note 4 of the management account.

4. Accounts payable The total accounts payable of N553,416,088.00 represents the aggregate of all payments due to various service providers engaged by the Association before the quarter ended 30 September 2020.

5. National Secretariat Building Project

The total capital expenditure of N87,038,652 Was incurred on the NBA Building construction project during the period. This expenditure, being the final amount due and owed to the building contractor, was fully settled during the period.

6. COVID-19 palliative disbursement to Young Lawyers The immediate past administration approved the disbursement of N10,000.00 palliatives to 10,126 young lawyers with 1 – 4 years post call. Out of the 8,610 valid applications received as at August 2020, a total number of 8,568 applicants were paid and 8,567 payments were successful. The 43 applicants with unresolved bank issues as at August 2020 are expected to be paid in the subsequent period. 7. Inventories These are NBA branded items available for sale at subsidized rates to members of the Association and intended users. Items in this category include, NBA customized tie, NBA car stickers, Bar journals and others. The amount reported in the financial statements represent the aggregate cost of all available-for-sale inventories as at the quarter ended 30 September 2020. 8. AGC 2020 Expenses and Income The N83,173,784 represents the aggregate amount spent on various services procured during the 2020 Annual General Conference (AGC). The breakdown of the items of expenditure and their corresponding amount were as reported in the note 8.1.1 of the management account. The breakdown of the total sum of N11,750,000.00, being the aggregate of income from sponsorships and donations for the 2020 AGC were as contained in the note 6.1.(1 and 2) of the management account.

84 NIGERIAN BAR ASSOCIATION SECTION ON PUBLIC INTEREST AND DEVELOPMENT LAW PRESENTATION AT THE NATIONAL EXECUTIVE COMMITTEE MEETING HELD ON 15TH DECEMBER, 2020

INTRODUCTION

The Section on Public Interest and Development Law (SPIDEL) aims at developing Legal frameworks that underpin economic reforms, addressing issues relating to public interest Law and advocating the fundamental link between law, its role and application to development.

The Section is an NBA’s commitment to promoting the role and application of law to economic development and growth of public interest Law in Nigeria.

THE ACTIVITIES OF THE NBA-SPIDEL FOR THE PERIOD OF SEPTEMBER 2020 – DECEMBER 2020 In the months under review, NBA-SPIDEL activities are summarized below:

1. SPIDEL represented NBA in a 2-day capacity building workshop for professionals in the legal profession to create awareness on trafficking in human beings and to enhance access to justice for victims of trafficking organized by National Agency for the Prohibition of Trafficking in Person (NAPTIP) in November 2020.

2. SPIDEL represented NBA in a 3-day workshop on strengthening the evidence-based response and policy framework to tackle trafficking in persons and smuggling of migrants in Nigeria organized by National Agency for the Prohibition of Trafficking in Person (NAPTIP) in November 2020. The subject matter of this event was development of National plan of action on human trafficking in Nigeria.

3. SPIDEL POSITION DURING THE EMERGENCY NEC IN OCTOBER 2020 ON GOVERNMENT RESPONSE TO #ENDSARS PROTEST The protest survived several days on the streets against all odds. The undaunted spirit of the youths and fervency of their demands induced the Federal Government to ban the notorious SARS Unit across the Federation, and replacing it with SWAT. However, the shoddy and non-holistic approach by the Government to the overhauling of the SARS Unit was dissatisfactory to the Nigerian Youths thereby causing the protest to metamorphose into a solemn call for a total reform in governance.

It appeared that the Nigerian Government could no longer restrain its’ temper and disgust at the protest: this is evident in what happened on the night of Tuesday, 20th day of October, 2020 at the Lekki Toll Plaza and similar events which occurred on the following day in several cities across Nigeria.

85 LEKKI TOLL PLAZA SHOOTING IN REVIEW.

 There was no incident at the toll gate to warrant deployment of the army, under any rules of engagement.  There were no circumstances at the toll gate that warranted the use of firearms/live ammunitions.  The protesters were shot at while sitting down and clearly holding national flags and singing the national anthem. It was a breach of the army doctrine to shoot at them.  The circumstances of the shooting: removal of CCTV cameras, switching off lightings at the toll gate and attack on protesters after dark, all point to a deliberate attack.

RECOMMENDATIONS

In line with the ongoing conversation, we recommend the following:

1. There has to be an immediate and transparent investigation, arrest and prosecution of authorities and persons responsible for the live shooting at the peaceful protesters. The Attorney-General of the Federation must personally lead the prosecution team to stamp seriousness and win public confidence. 2. There is need to find who ordered the shooting at Lekki Toll Plaza and the soldiers that carried out the shooting. (Even in other part of Lagos and other cities in Nigeria). 3. All detained protesters should be released unconditionally forthwith. 4. The Federal Government of Nigeria must honour all the victims of the Lekki Toll Gate massacre as heroes of democracy. They must also be given a national burial and adequate compensation paid to the families of the victims. 5. October 20th of every year must be declared a National Day of Mourning in honour of the victims. 6. A special fund/foundation be set up into which government and well meaning Nigerians shall contribute to. 7. Targeted youth engagement programmes focused on development and economic sustainability must be carried out regularly by the government and its agencies. 8. There is need for a policy that allows our youths to participate and be elected into public offices. 9. The government should create more employable opportunities for the youths. 10. The government claims to have released so many funds but it has remained very inaccessible to the beneficiaries because of corruption. 11. Government should pay for all medical expenses of persons injured by Police brutality and those affected during the protest. 12. Government at all levels must decentralize relevant information and have regular people give testimonies. 13. There is need for a total overhaul of not only the Nigeria Police but also all security and para-security organisations. 14. International Community needs to work on putting serious access control measures on the Visas of political elites and their families who have unduly betrayed Nigerians.

86 15. Creation of actionable channel of communications between the government and the people (youth) to discuss and plan our democratic affairs for our future, as we can’t continue to allow our future and that of the coming generation be cut short by greedy people with tyrannical triads who make us to pay unproductive generational debts. 16. Governance and administration must be done in public interest for the all round development of Nigeria.

4. SPIDEL ANNUAL CONFERENCE The NBA SPIDEL annual conference Planning Committee was constituted and it is chaired by Mr. Monday Ubani, Esq. The Committee has proposed that the Conference will hold from 17th February - 19th February 2021 in Ibadan, .

5. CALL FOR MEMORANDA BY THE SENATE AD-HOC COMMITTEE ON THE REVIEW OF THE 1999 CONSTITUTION

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For further details on membership, activities and other benefits can be gotten from the Section liaison officer - Edidiong Peter. He can be reached at the NBA National Secretariat or by email: [email protected]; [email protected] OR visit www.nbaspidel.ng

Thank you.

Dr. Paul Ananaba, SAN Chairman, NBA-SPIDEL

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REPORT OF THE NBA SECTION ON BUSINESS LAW (NBA- SBL) SUBMITTED TO THE NBA NATIONAL EXECUTIVE COMMITTEE (NBA-NEC) MEETING HOLDING ON DECEMBER 15, 2020 AT THE NBA HOUSE, ABUJA

NBA | December 15, 2020 101 MR. PRESIDENT, DISTINGUISHED NBA-NEC MEMBERS, LEARNED SENIOR ADVOCATES, LEARNED COLLEAGUES, DISTINGUISHED LADIES AND GENTLEMEN,

I am delighted to present this Report of the NBA - Section on Business Law (NBA-SBL) to the NBA National Executive Committee (“NEC”).

First of all, I would like to note that this is my maiden Report as Chairman of the newly inaugurated Council of the NBA-SBL to the newly elected NBA NEC and, therefore, I would, on behalf of the entire membership of the NBA-SBL, like to congratulate the NBA President, Mr. Olumide Akpata and other National Officers once again on their election into national office. We also wish the members of the National Executive unprecedented success during their tenure.

1. ACTIVITIES OF THE SBL

As many of us may recall from the records of the NBA-NEC Meeting held in August 2020, the immediate past Council of the NBA-SBL of which I was the Vice Chairman, submitted its Annual Report to the NBA-NEC highlighting the activities of the NBA-SBL for the period from August 2019 to August 2020. More specifically, the report was made as part of the program of the NBA’s 60th Annual General Conference (AGC) held virtually between August 26 - 29, 2020, and it highlighted, amongst other things, the success of the NBA-SBL’s 14th Annual Business Law e-Conference held from July 16 – 17, 2020.

At this point, I would like to emphasize that a fundamental objective of the NBA-SBL is to conduct programs that deepens the knowledge of commercial lawyers in Nigeria. Following the NBA-SBL’s Annual Business Law e-Conference held in July 2020, the Section has remained very active and engaged. Some of the activities held thus far, as well as those planned include the following:

A. BREAKOUT SESSION AT THE NBA ANNUAL GENERAL CONFERENCE:

The NBA-SBL Session at the 60th NBA’s Annual General Conference (“AGC”) which held on Wednesday, 26th and Thursday, 27th of August, 2020 respectively, featured the theme: “STEP FORWARD”. The Sessions were very well received by a large turnout of lawyers and delegates and had a distinguished Faculty of experts and resource persons who participated virtually.

The sessions coordinated by the NBA-SBL at the AGC focused on the following subjects:

- A Dialogue on Insolvency and Economic Recovery with an emphasis on legal and economic perspectives in corporate insolvency and liquidation. The Session was chaired by Mr. Kemi Pinheiro, SAN, Principal Partner, Pinheiro LP. The Panelists were:

1. Kamal Shah,Partner, Stephenson Harwood 2. Kamilu Omokide, Receiver Manager Arik Air Limited (In Receivership) 3. Kunle Elebute, Senior Partner, KPMG 4. Bismarck Rewane, MD/CEO of Financial Derivatives Company Limited

- Our New World – The Digital Economy with discussions centered on the realities and the impact of living in a new digital age and economy. The Panelists were:

1. George Donkor, President of ECOWAS Bank for Investment and Development

PAGE 1 102 2. Uzoma Dozie, CEO Sparkle 3. Mobola Johnson, Former and the first Minister of Communications Technology 4. Olugbenga Agboola, Co-Founder and CEO of Flutterwave 5. Isa Ali Pantami, Minister of Communications and Digital Economy

The NBA-SBL held its Annual General Meeting (AGM), and election of the executive officers of its Council on Friday, 28th of August, 2020. The following colleagues emerged as Officers and for the period 2020 – 2022:

1. Ayuli Jemide Chairman 2. Dr. Adeoye Adefulu Vice Chairman 3. Ozofu ‘Latunde Ogiemudia Secretary 4. Isaiah Bozimo Treasurer The immediate past Chairman, Mr. Seni Adio, SAN is still a member of the Council by virtue of the provisions of the Sections’ Bye-Laws, and the NBA-SBL is delighted to continue to benefit from his passion for the Section. The NBA-SBL co-opted Council Members include for the first time the Chairperson of the Young Lawyers Committee of the SBL to give the young lawyers a voice on Council and for succession planning. The new zonal officers of the SBL also co-opted members of Council are: 1) Aisha Rimi, Zonal Officer, North; 2) Tonye Ibisiki, Zonal Officer, South; 3) Tolulope Olatunji, Zonal Officer, West.

B. WEBINAR ON “GIG ECONOMY: THE FUTURE OF WORK”

The Employment, Labour and Industrial Relations Committee (ELIRC) of the NBA-SBL, in collaboration with the Legal Business Unit of BusinessDay Media, organised a webinar tagged “Gig Economy: The Future of Work” on 9th September 2020. The seminar, which was well received, featured seasoned professionals who all weighed in on the topic and explored the pros and cons of a gig-based economy, noting that it could offer a win-win situation for employers and gig workers. Some of the panelists included

1. Dr. Adeoye Adefulu, Vice Chairman, NBA-SBL and Partner, Odujinrin & Adefulu

2. Ose Okpeku, Chairman, NBA-SBL ELIRC and Partner, The Law Crest LLP

3. Nkiru Olumide-Ojo, Regional Head, Marketing & Communications, Stanbic Group SA

4. Aisha Garba, Head, Corporate Services, Veritas Kapital Assurance Plc.

5. Bolanle Ibitola, Director of Resources, United Capital Plc.

6. Esther Akinnukawe, HR Executive, MTN Nigeria

7. Chisom Obiokoye, Senior Associate, Perchstone & Graeys

8. Chinelo Aroh, Ph.D, University of Hull

PAGE 2 103 C. STAKEHOLDERS’ DIALOGUE

An invitation was extended to the NBA-SBL to participate and contribute to the panel discussion of the Stakeholders Dialogue on the topic, “Virtual Court Hearings in Nigeria: Opportunity for Contract Enforcement and Commercial Disputes Settlement Reform” which held on September 22, 2020. Mr. Isaiah Bozimo, (Treasurer, NBA-SBL) represented the NBA-SBL at the event which was organised by the Centre for Trade and Business Environment Advocacy.

D. REVIEW OF THE DRAFT DATA PROTECTION BILL, 2020 (“DPB”)

The NBA-SBL reviewed the Draft Data Protection Bill, 2020 (The Draft Bill) and made salient recommendations to the Federal Government through the Digital Identity Ecosystem Project Steering Committee. Further to the recommendations submitted, Mr. Olusegun Adeyemi, Vice Chairman of our ICT Committee represented the NBA-SBL at the Stakeholders’ meeting organised by the Legal and Regulatory Reform Working Group of the Digital Identity Ecosystem Project Steering Committee where the NBA-SBL’s suggestions, observations and comments on the Draft Bill were further discussed. The Steering Committee assured the NBA-SBL that its recommendations would be considered and included in the final draft of the Draft Bill.

E. YOUNG LAWYERS COMMITTEE

The Young Lawyers Committee of the NBA-SBL has continued to host a series of webinars and live sessions on Instagram on Mondays. This initiative was birthed from the necessity to create channels for capacity development of young lawyers by leveraging technology and digital platforms to enhance their productivity. The webinars have been facilitated by a distinguished faculty of speakers, including the following:

a) Visibility Beyond Your Desk by Ms. Glory Edozien, Founder, Inspired By Glory Academy b) The Value of Volunteering by Mr. Michael Sunbola, Founder, Lagos Food Bank Initiative and Managing Partner, Pundit Advocates c) Creating Wealth by Dami Olagunju, Founder, Lagos Young Professionals Innovation Clubs d) Let the Beat Go On by Ms. Aduke Ufere, Deputy Chief of Party USAID-Funded Power Africa West Africa Energy Program e) Fashion Law 101 by Ms. Aderinsola Fagbure, Principal Partner, In Black & White LP f) Rudiments of Medical Law by Mr. Olaolu Osanyi, Vice President, World Association of Medical Law (WAML) g) Why the #EndSARS Movement Matters by Mr. Orji Uka, Senior Associate, Africa Law Practice Nigeria & Co

It is with great delight that I note that some of these sessions were organized together with the NBA Young Lawyers Forum. It is worth noting that even seasoned lawyers often joined the webinars, which have had an average of 100 participants.

PAGE 3 104

F. PUBLIC HEARING AND SUBMISSION OF MEMORANDA ON BILLS BEFORE THE NATIONAL ASSEMBLY (SENATE COMMITTEE ON AVIATION)

In furtherance of its mandate, the NBA-SBL Aviation Committee on 2nd of November 2020 attended a public hearing which was hosted by the Senate Committee on Aviation. At the hearing, the leadership of the NBA-SBL Aviation Committee made its submission orally and by a formal memorandum to the Chairman, Senate Committee on Aviation.

The Committee focused on “Exclusive Jurisdiction of the Federal High Court” in its memorandum submitted to the NASS, stressing the need for the Civil Aviation Bill, 2019 to specifically address and lay to rest the incidence of conflicting Court decisions on the thorny issue of the exclusive jurisdiction of the Federal High Court, in respect of matters relating to aviation amongst other issues.

The NBA-SBL Aviation Committee expressed concern over the recent decisions by a number of Courts to award jurisdiction to State High Courts and the High Court of the Federal Capital Territory, in respect of aviation related matters. The Committee emphasised that this trend needed to be reversed in order to avert grave inconsistencies in the application of the principles of aviation law and duly adopted international conventions.

G. EMPLOYMENT, LABOUR AND INDUSTRIAL RELATIONS COMMITTEE

The NBA-SBL ELIRC in collaboration with the BusinessDay Nigeria Legal Business Unit (“Legal Business”) organised a webinar themed, “The Relevance of Trade Unions in the New World of Work” on the 12th of November, 2020. The event was well attended and the panelists discussed the relevance or otherwise of trade unions in a world of work that has changed dramatically over the past couple of years as we have gradually moved away from traditional and typical work patterns. Some of the speakers included:

1. Hon. Justice Nelson C.S Ogbuanya, Judge of the National Industrial Court of Nigeria 2. Mr. Ose Okpeku, Chairman, ELIRC and Partner, The Law Crest LLP 3. Mr. Abdususobur Olayiwola Salam, National PRO, Senior Staff Association of Nigerian Universities 4. Mr. Christopher Onyeka, Asst. Secretary General, Nigerian Labour Congress (NLC) 5. Mr. Wotai Jimmy Robert, Senior Associate, Opal Law Office

H. REVIEW OF DRAFT COMPANIES REGULATIONS PURSUANT TO THE COMPANIES AND ALLIED MATTERS ACT 2020

The NBA-SBL has worked actively over the past few years in connection with the drafting of the new Companies and Allied Matters Act 2020, and providing advice and support to the Corporate Affairs Commission (CAC), the Presidential Enabling Business Environment Council (PEBEC) and the Nigerian Economic Summit Group to ensure that the CAMA 2020 is able to address the issues of the ease of doing business, act as a catalyst for business and achieve other objectives of the PAGE 4 105 Act. In furtherance of this, the NBA-SBL, through its Council members and its Committee on Mergers, Acquisitions and Corporate Reorganisation, reviewed and submitted comments to the CAC on the draft Companies Regulations that are being prepared and are intended to put into operation various providions of the CAMA 2020 by 1st January 2021.

UPCOMING EVENTS

1. NBA-SBL TRAINING ON LEVERAGING SOCIAL MEDIA TOOLS

The NBA-SBL Training Committee in collaboration with Lareine Gold Consult (LGC) Business Development Academy will be organising a training webinar on “Leveraging Social Media Tools” on Wednesday, December 9, 2020.

The training and development session will focus on the following:

i. Exploring the relevance of digital marketing to legal practice ii. Examining the different social media platforms currently utilised by course attendees iii. Assessing online presence and discussing global best practice guidance iv. Exploring what other platforms might be relevant v. Discussing what future commitments might be important vi. Reviewing the relevance of social media governance for legal practitioners and law firms

Various Committees of the NBA-SBL are also planning their respective programs and they have been well encouraged to work closely with branches of the NBA across the country, as well as other institutional stakeholders. The Committees are being encouraged to conduct their seminars, programs, and other activities in various jurisdictions across the country.

2. SBL MEMBERSHIP

There continues to be increasing interest from members of the legal community and indeed the general public, in becoming members of the NBA-SBL and this is due to the continued engagement of the NBA-SBL with members and the legal community through the various programs and activities organised by the Section and its Committees. We have also developed a membership portal to ease the process of registration, and facilitate interaction with members on a consistent basis.

We are currently evolving ways to further improve and create more value for the members of the Section to make them view the NBA-SBL as a body that they are proud to be associated with. To champion this, we have established the office of a Membership Secretary and appointed Mrs. Ayoyinka Olajide-Awosedo, Partner at Arndale Solicitors to ensure that members of the Section derive adequate value from their status as members of the Section and that membership of the NBA- SBL is grown to gather members from all 6 geopolitical zones. We are also of the firm belief that if the NBA-SBL gets these components right, it would help to retain existing members and attract new members. To this end, a taskforce has also been constituted to work with the Membership Secretary to develop a comprehensive membership value proposition/project for the Council’s approval. The Membership Secretary is also working on targeted events for each region (West, North and South) in January 2021 to start to take SBL message into every city.

PAGE 5 106

In the same vein, the NBA-SBL is also working towards diversifying its membership to include corporate members, lawyers and businesses in order to have a comprehensive membership base whilst exploring how this could work within the context of the NBA Constitution and Sections’ Bye- Laws. The Section intends to reach out to legal practitioners working in various capacities within government and regulatory agencies. This will be led by the Section’s Corporate Counsel Committee, working with the NBA-SBL Council.

3. GOVERNANCE CHARTER:

The NBA-SBL is working to launch a governance charter for the Section within the limits of the NBA Constitution. After 14 years of existence, we believe that a formal structure needs to be emplaced to ensure that NBA-SBL governance standards exceed or meet the regiments applied in the corporate world which is our primary constituency.

4. SBL COMMITTEES: Over the years, the SBL Committees have remained the heartbeat and driving force of the Section. We intend to further strengthen this legacy by, amongst other things, enhancing our Continuing Legal Education (CLE) programs, and generally enhancing the competencies of our colleagues in commercial law practice.

In addition to the existing Committees Officers, the underlisted persons were recently appointed by the Council:

S/NO NAMES FIRM COMMITTEE APPOINTED POSITION INTO

1 Mrs. Enitan Rewane Rook & Co Legal Travel Tourism & Hospitality Chairman Practitioners

2 Nosakhare Aguebor Africa Finance Banking, Finance & Insolvency Secretary Corporate

3 Mrs. Ngozi Aderibigbe Jackson, Etti & Edu Intellectual Property Committee Chairman

4 Mr. Remi Dalley GRF Dalley & Intellectual Property Committee Reappointed as Partners 1st Vice Chairman

5 Mr. Shafiu Adamu Federal Ministry of Intellectual Property Committee Reappointed as Yauri Trade & Investment 2nd Vice Chairman

PAGE 6 107 6 Ms. Fawehinmin Technolawgical Intellectual Property Committee Secretary Oyinkansola Partners

7 Mr. Tolu Aderemi Perchstone & Training Committee Chairman Graeys

8 Ms. Atinuke Dosunmu Africa Law Practice Training Committee Vice Chairman Nigeria & Co.

9 Mr. Oludare Senbore Aluko & Oyebode Training Committee Secretary

10. Mrs. Soibi Ovia Duale, Ovia & Alex- Arbitration & ADR Committee Secretary Adedipe

11. Ms. Bukola Bankole The New Practice Merger, Acquisitions & 1st Vice Corporate Re Organisations Chairman Committee

5. PRAYERS

Whilst thanking the NBA President and NEC for the support given to the Sections, I would, with all sense of responsibility bring the following prayers to Mr President for NEC’s consideration:

a) BRIPAN and Insolvency Practitioners

Section. 705 (c) of CAMA 2020 requires an insolvency practitioner to have a degree in law, accountancy or any other recognized discipline; at least five years PQE in insolvency matters; and be a member of BRIPAN. However, the provision also creates an alternative to associating with BRIPAN, by stating that the insolvency practitioner may be a member of any other professional body recognized by the Corporate Affairs Commission (CAC). Therefore, it is not mandatory for the insolvency practitioner to be a member of BRIPAN, where the CAC recognizes any other professional body. NBA-SBL posits that the NBA should seek recognition from the CAC in this regard in the interest of our members.

b) NBA Section Bye-Law Reviews

The bye-laws of the NBA Constitution created the Sections is due for amendments and review. This is necessary because a cursory look at bye-laws reveal some drafting conflicts which should be addressed for greater efficacy. In addition, after over a decade of the Sections being in place, a review that encapsulates experiences and new standards is trite.

PAGE 7 108 In closing, on behalf of the members of Council of the NBA-SBL, I wish us all fruitful and inspiring deliberations, as we look forward to working collaboratively to advancing the course of the NBA and its members.

Thank you

AYULI JEMIDE CHAIRMAN, NBA-SBL

Further details on the Section’s Committees and their activities can be obtained from our website: www.nbasbl.org or by direct enquiries to the Section Administrator - Mr. Endurance O. Uhumuavbi who can be reached either by email: [email protected] or by telephone: +234 805 488 1300.

PAGE 8 109 REPORT TO THE NATIONAL EXECUTIVE COUNCIL BY THE CHAIRMAN, SECTION ON LEGAL PRACTICE OLUSEUN ABIMBOLA FCArb.

INTRODUCTION Distinguished colleagues, this Report will cover the following:

1. 2020 NBA Annual Conference 2. New Committee 3. Review of The Court of Appeal Act, 2004 (As Amended), The Court of Appeal Rules, 2016 and The Court of Appeal Practice Directions 4. SLP Newsletter 5. Other activities

1. 2020 NBA Annual Conference At the 2020 NBA AGC in August 2020, the Section hosted three (3) breakout sessions, as follows:

1. ‘Of Layoffs, Furloughs and Redundancy’ - A discussion on recent developments on labour and employment issues in light of the impact of the COVID-19 pandemic. 2. ‘Shifting the Paradigm: The Virtual Judiciary Age’ - A session navigating the adaptability of the judiciary in the delivery and administration of justice in the virtual age. 3. ‘Who is a Nigerian? … A Debate on National Identity’ - This became a Showcase session at the conference. It was a debate on our national identity and the Citizenship v Indigenship conundrum.

2. New Committee Following the announcement, during the Section’s Annual General Meeting in August, the Council has created the Committee on Alternate Dispute Resolution to train lawyers and develop a broader consciousness of ADR Practice in general in the legal profession; the Committee is headed by Professor Alero Akeredolu (Professor of ADR, Member of faculty and Panel of Neutrals of the Lagos and Oyo Multi door courts).

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110 3. Review of The Court of Appeal Act, 2004 (As Amended), The Court of Appeal Rules, 2016 and The Court of Appeal Practice Directions

Further to the directive of the NBA President on November 16 2020, requesting the input of the NBA-Section on Legal Practice (SLP) in response to the request by the President of the Court of Appeal; The Honourable Justice M.B. Dongban-Mensem for comments and observations on the Court of Appeal Act 2004 (As Amended), Court of Appeal Rules 2016, and the Court of Appeal Practice Directions, the SLP set up an ad hoc committee to review the aforestated legislations. The committee was made up of the following legal practitioners:

1. Roland Otaru SAN 2. Aare Olumuyiwa Akinboro SAN 3. Tonye Krukrubo 4. Dr. Agada Elachi 5. Oluwaseun Philip Idiok 6. Kunle Sobaloju 7. Adaezeh Anah 8. Dandy Nwankwo 9. Tobi Adebowale The terms of reference were essentially to review the Act, Rules and Practice Directions. The comments and recommendations of the committee and the SLP have been forwarded to the NBA President.

4. SLP Newsletter

The Section published our Newsletter for the third quarter of 2020 in September. Our newsletter was published electronically and extensively circulated digitally on all platforms. It contained articles by Prof Wahab Egbewole SAN who examined Rising rate of Rape in Nigeria, and Olumide K. Obayemi discussed the Legal and Procedural issues Arising from the FIRS Information Circular and Publications on Finance Act (2019)’s Amendments to the Stamp Duties Act.

Our Newsletter for the fourth quarter of 2020 is currently being finalized for publication later this month. It will be distributed on all electronic platforms and made available to all members of the Bar. It will contain articles on The role of Legal Practitioners as Intermediaries in the Nigerian Capital Market, case review of Judgments of the National Industrial Court, and a paper on the

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111 Legitimacy and current Legal Perspectives of a Child Born out of Wedlock under the English and Nigeria Law. We have also commenced the collection of materials and articles for our 2021 newsletters. We, therefore, invite short contributions from our colleagues at the Bar of not more than 1200 - 1800 words which may be forwarded to us at [email protected].

Our newsletters bring to your doorsteps recent developments in practice and the law. We encourage members of the Bar to read and circulate widely.

5. Other activities The SLP is proposing to hold a summit in collaboration with the NBA on the burning issue of law enforcement and constitutional rights of citizens in the coming weeks. It will not only address the vexed issue of the police and their rules of engagement with the citizenry but also periscope what are the limits of the rights of parties and law enforcement institutions under our constitution, as well as what should be the response of the judiciary at a time like this.

We look forward to a robust engagement between the Bar and all stakeholders and await the proposed date from the President.

Conclusion

As the year draws to a close, members of the Bar are reminded to kindly renew your 2021 membership in the new year or if not a member, join the Section by visiting https://portal.nba-slp.org/.

Finally, our Executive Committee and Council members are always available to receive your suggestions on how we can serve our members better. The Section has more programmes lined up and you will be informed as they evolve.

May I on behalf of the Executive Committee and Council wish you a Merry Christmas in advance and a prosperous and fruitful 2021.

Thank you and best wishes.

OLUSEUN ABIMBOLA FCArb. Chairman, NBA-SLP

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112 04 December, 2020

THE REPORT OF THE NIGERIAN BAR ASSOCIATION WOMEN FORUM (NBAWF) ACTIVITIES FOR THE PERIOD APRIL 2020 – DECEMBER, 2020, PRESENTED AT THE NBA NATIONAL EXECUTIVE COUNCIL (NEC) MEETING, HELD ON TUESDAY 15 DECEMBER, 2020, BY THE CHAIRPERSON, PROFESSOR OLUYEMISI BAMGBOSE, SAN.

1.0 INTRODUCTION

I bring you very warm greetings from the Nigerian Bar Association Women Forum (NBAWF) that is about fifteen (15) Months old this December 2020, having been resuscitated on the 7th Day of September 2019, after the Forum went into abeyance for many years. The Forum was revived through the able effort and assistance of the immediate past Nigerian Bar Association President, Paul Usoro, SAN.

This Report is submitted in line with the provision of Part 11 of the NBA Uniform Bye Law for Sections, Institutes and Fora, Article XXI.

The report affords us the “opportunity to review our score card and strategize for the future” (Paul Usoro, SAN -05 December,2019)

This Report is the third to be submitted at the National Executive Council Quarterly meeting, the first being the Fourth Quarter (Q4) 2019 NEC Report submitted at the meeting held on 05 December 2019 and the second being the First Quarter (1Q) 2020 NEC REPORT submitted on March 05, 2020.

The Forum has continued to grow by leaps and bounds in every area of its activities since the last report. The fact that the world has been held down by the Covid-19 pandemic has not adversely affected the programmes of the Forum. The NBAWF reacted promptly by replacing physical activities with virtual interactions.

113 Just like what is happening here today, with social distancing and face masks, we operate in the new normal. Below is the summary of the activities of the NBAWF from March 2020 to December, 2020 and the strategies for the future

QUARTERLY SCORECARD

2.0 Executive Committee and Council Members The Executive Committee and Council Members have immensely contributed to the continued growth of the Forum

2.1 Executive Committee members

The four (4) executive committee members, have remained firmly committed to the growth and development of the Forum.

2.2 Council Members

The six (6) council members of the NBAWF, are very dynamic, dedicated and resolute in pursuing the goals of the Forum.

3.0 COMMITTEES AND COMMITTEE HEADS

3.1 Committees

The eight (8) Committees of the NBAWF, have continued to work tirelessly in ensuring that the goals of the Forum are met. They are Advocacy Committee; External Relations Committee; Fund Raising Committee; Media and Publicity Committee; Mentoring Committee; Research and Development Committee: Young Female Lawyers Committee and the Planning Committee which is an Ad-hoc committee in charge of all the committees of the Forum. All the Committees have organised programmes aimed at empowering female lawyers for success.

3.2 Committee Heads.

The Committees in 3.1 above, headed by council members and one co-opted member selected on merit by council. The Committee Heads and the executives of the various committees made up of the Deputy Head and the Coordinator that serves as the secretary, reflect a geographical spread and are approved by council. They are carrying out their duties efficiently as seen in the committee report below.

3.3 Activities of the Committees

3.3.1 Advocacy Committee

114 This Committee set up to engage in internal and external advocacy; enlighten members and the society about the Forums' position on various issues affecting female lawyers and assist in the resolution of disputes is ensuring that all female lawyers have their voices heard on issues that are important to them, their rights defended and safeguarded and their views and wishes considered when decisions about them are being made.

3.3.1.1 Activities of the Advocacy Committee

The following are the activities which the Advocacy Committee carried out

The working group on Domestic Violence & Work Place Bullying continues to discuss issues affecting female lawyers particularly as it relates to domestic & work place violence faced by female Practitioners.

The Committee held a webinar titled “Psychological Wellbeing of the Female Lawyer During & After Covid-19.’ on the 29th May 2020, with about Four Hundred (400) attendees on zoom webinar & Facebook live.

The Committee also held a virtual event titled, ‘Let’s Talk with Our Female Amazons’ on the 6th June, 2020, to interact with female practitioners who put in for elective positions at the July NBA elections.

The Committee facilitated and supported the hosting of another webinar for the Young Female Lawyers of the Forum. The Event took place on 2nd July 2020 with the topic " The Future Career Prospect of the Young Female Lawyer beyond the Pandemic: A Discourse’.

The Committee also introduced and provided the contact to facilitate the MoU between NBAWF and NYSBA ‘WILs’.

The Committee in addition produced and disseminated approved posters advocating for rights of female lawyers.

On the 21st of November, 2020, the Advocacy Committee and the Executive Members made a submission to the President of the NBA, on the position of the Forum on the issue of an allegation that some Honorable Judges of the Federal High Court are insisting and asking female counsel appearing before them to indicate their marital status when announcing appearance. The above submission was a response to a directive from the President, Mr Olu Akpata, that the NBAWF should make contributions, to a letter from a Public Interest Law Organisation, House of Justice, seeking for intervention of the NBA, in guaranteeing the protection of Equal Dignity of female counsel appearing before the Federal High Court.

3.3.1.2 Strategies for the Future

115 The committee is currently working on several other Advocacy strategies that include

Designing and Printing of Memorabilia to create more awareness and give members a sense of belonging.

Arranging Media Outreach/Engagement/Sensitization/Engagement/Sensitization of the NBAWF'S objectives on national tv/radio

Preparing skits, press conferences, radio phone in programs, workshops, posters, Television debates or programmes, booklets

3.3.2 EXTERNAL RELATIONS COMMITTEE (ERC)

The Committee set up to establish and maintain contacts with national and international institutions, organizations and bodies (“Stakeholders”) relevant to the NBAWF; build positive and effective working relationships with the Stakeholders and build and strengthen strategic alliances and partnerships with the stakeholders in alignment with the NBA Women Forum priorities has been very active in achieving the purpose.

3.3.2.1 Activities of the ERC Committee

The following are the activities which the External Relations Committee carried out.

Nigerian Economic Summit Group’s (“NESG”) Community of Practice on Gender, Equality in Law Focal Group – Status Update. This was a joint initiative with key stakeholders such as the Nigerian Economic Summit Group Gender Community of Practice for the purpose of promoting equality in law. At the meeting of the Thematic Groups of the NESG on Friday, 26th June 2020, the CEO of the NESG, informed members that the Anchor for the Community of Practice on Gender had suffered a significant bereavement which resulted in her resigning her position with NESG. Accordingly, the work of the Focal Group has been held down pending further directives from the NESG.

Memorandum of Understanding and introductory ceremony with the New York State Bar Association. The New York State Bar Association (NYSBA) (through its Women in Law Section) ‘WILs’ signed an MoU with the Nigerian Bar Association through its Women Forum (NBAWF). The event took place on the 13th of August, 2020, at a well-publicized and memorable event with about 500 participants via zoom and a simultaneous physical event at the Park Inn by Radisson Hotel Victoria Island, Lagos. NYSBA executed the document in their great Hall in New York while NBA (NBAWF) signed at the Radisson Hotel above. The partnership recognizing the advantages inherent in developing and improving understanding within

116 each jurisdiction of the laws and other jurisdictions relevant to women’s rights, international business transactions, human rights and the transnational delivery of legal services will deliver on the partnership through: 1. Knowledge Exchange and Cooper 2. Cross promotion of events, activities and publication 3. Speaking Engagements The Forum was highly honoured to have Mr Olu Akpata, the President of The Nigerian Bar Association physically present at the occasion and the immediate past President, Paul Usoro SAN virtually present via Zoom 3.3.2.2 Strategies for the Future

Meetings with the stakeholders to initiate the implementation of the specific duties required to meet the objectives of the Forum.

3.3.3 YOUNG FEMALE LAWYERS COMMITTEE

The Committee addresses issues relevant to young female lawyers.

3.3.3.1 Activities of the Young Female Lawyers Committee

The Committee initiated and sustained interaction on their general WhatsApp platform.

During the period of the report, it held a very successful webinar on the 2nd of July,2020 titled, ‘The Future Career Prospect of The Young Female Lawyer Beyond the Pandemic, A Discourse.’ The Panelist were young lawyers who brought unique and beneficial perspective to the discourse.

3.3.3.2 Strategies for the Future

Legal Trainings for the young female lawyers before the end of the year.

3.3.4 MENTORING COMMITTEE

The Mentoring Committee set up to develop a mentoring programme for the development of female lawyers; expose members to mentorship programs which include but not limited to leadership, personal development and other related issues and facilitate mentee/mentor interaction has tremendously helped in empowering female lawyers.

3.3.4.1 Activities of the Mentoring Committee

The following are the activities which the Mentoring Committee carried out

117 The WhatsApp platforms set up by the Mentoring Committee has been very active and interactive and include Mentors and Mentees from all over the country. On the platforms, issues are taken as they occur, and sometime feature exciting competition for prizes.

The Mentoring platform has over two hundred and sixty (260) members actively participating vibrantly in mentor/mentee interaction.

Two distinguished legal practitioners have indicated their willingness to take up the sponsorship of the mentoring programs in their respective states of origin namely Oyo and Kwara. The Forum will take up the offers after the COVID 19 situation has eased off.

In the wake of the new normal occasioned by the Covid-19 pandemic, the Committee was the first to explore the use of technology to achieve the Forums terms of reference. It hosted the first virtual mentoring session, a zoom meeting on the 1st of April, 2020 with 110 attendees. The Committee also had the following activities

1. Anchored a virtual interactive session on the 26th of June, 2020 with NBA female aspirants for the NBA National Elections that held in July 2020. 2. Assigning Mentors with Mentees and ensuring a rewarding mentorship relationship 3. Initiated the commencement of personal mentorship between Mentors and Mentees for interested persons from all over the country. 4. effective mentoring programs for female lawyers to provide a platform for knowledge and experience sharing and growth opportunities; 5. Active mentoring program and supervision of mentees is ongoing.

3.3.4.2 Strategies for the Future: The EXCO of the NBAWF are looking for sponsors who will take up the sponsorship of the mentoring programs to be held in their states. The sponsors for the Oyo State and Kwara

State mentoring program postposed early in the year will be approached to hold the programs early in the year 2021.

3.3.5 MEDIA & PUBLICITY COMMITTEE

The Committee is set up to establish channels of communication between the Forum, its members, female lawyers across Nigeria and other groups to support and champion the cause of women in general; Provide resources and materials for the dissemination of information about the objectives and activities of NBAWF; Outline a macro strategy for generating publicity around the NBAWF; Generate adequate interest in the activities of the NBAWF Post Conference; Be responsible for initiating and implementing all publicity plans and campaigns; Managing day to day relations with the media as well as the social media accounts.

118 3.3.5.1 Activities of the Media & Publicity Committee

The following are the activities which the Media and Publicity Committee carried out.

The Committees WhatsApp platforms for members is very active. Regular meetings are held where they set agenda and roadmap towards membership drive and strategic media/publicity plan as guide to the work of the committee.

The Media and Publicity Committee has lived up to its bidding in ensuring that the programs and activities of the forum receive desired publicity. During the signing of the MoU between the NBAWF and NYSBA on the 13th Day of August 2020, at the physical signing, the Committee deployed many media houses, both print and electronic, as well as the social media to promote the event. The physical event held at Park Inn by Radisson Hotel, Victoria Island. Lagos.

Creation of an efficient website that includes blog engagement with members of the NBAWF and all female lawyers across Nigeria. The website is 98% completed and came live on Wednesday, August 19, 2020!!!!!

3.3.5.2 Strategies for the Future

Launching the NBAWF official newsletter platform for information dissemination and Promotion of NBAWF activities and events with media campaigns at the branch level.

Developing promotional documents and materials that can have multiple uses for distribution.

Expanding the NBA – Women Forum by acquiring a digital presence and engagement,

Putting together a team of young female lawyers who are volunteering as influencers and content promoters, with a view to reaching all females lawyers across Nigeria and addressing critical issues that affect the development of the young female lawyer.

3.3.6 FUND RAISING COMMITTEE

The Fund-Raising Committee set up to raise funds for the activities of the committees have faced the challenges posed by the COVID 19 pandemic. Not much fund was raised during the period.

3.3.6.1 Activities of the Fund- Raising Committee:

The Committee has continued to give support in raising funds and ensuring that the forum runs. However, given the current challenges posed by the COVID 19 pandemic, it has been

119 extremely difficult to source for funds. The Forum believes that the NBA would look into this issue.

3.3.6.2 Strategies for the Future

Sourcing for full funds for the proposed mentoring programme to hold in Ibadan, Oyo state later in the year.

Sourcing for full funds for the proposed mentoring programme to hold in Kwara, later in the year.

Securing more funds for the Forum

The Committee came up with a very laudable funding strategy document which when implemented will enable the Forum achieve many of the goals

3.3.7 PLANNING COMMITTEE

3.3.7.1 Activities of the Planning Committee

The Planning Committee coordinates the activity of all the committees set up by the Forum

The maiden programme of the Forum with the theme “Equality and the Female Lawyer: A Reality or a Fallacy? which was to commemorate the International Women’s Day scheduled to have held in March 31 2020 in Lagos is being rescheduled as a programme of the Forum during the AGC 2020 in the last week in August.

3.3.7.2 Strategies for the Future

The Committee pledged the continued coordination and success of all programmes of the Forum

3.3.8 RESEARCH AND DEVELOPMENT COMMITTEE

The Research and Development Committee set up to facilitate a database for access to diverse research and documentation of works, achievements and information about women in diverse areas of the legal profession, has achieved a great feat in collating data on female lawyers in Nigeria. This has never been achieved by any other group.

3.3.8.1 Activities of the Research and Development Committee

The Research and Documentation Committee completed the setup of the first phase of its structure during the period of this report by setting up an Academic Research Sub group and Judiciary Research Sub group

The Committee commenced work from April 2020 on data capture to build a data base for female lawyers in Nigeria, collate resources relevant to women and the formulation of a database of all female lawyers in Nigeria working in law firms, academia, the judiciary,

120 companies and other areas. This collation of data for female lawyers in the judiciary and academia has been completed and would soon be released.

The members of the committee are, seasoned researchers from Universities, research institutions around the country, lawyers in the corporate sectors, the Ministries and different sectors.

The WhatsApp platforms set up by the Research and Documentation Committee has been very active and interactive and include many lawyers from different sectors of the legal profession and from all parts of the country.

The committee also provides information to the Forum to assist in the advocacy strategies.

3.3.8.2 Strategies for the Future

The committee intends to collate more research materials on female lawyers in Nigeria

4.0 MEETINGS

4.1. Number of Meetings.

The forum held six (6) Statutory meetings - 5 Executive Committee Meetings and 1 Council meeting and 2 Emergency meetings conducted virtually and physically. Meeting dates are indicated below. Decisions requiring Council ratification were presented and ratified. The EXCO conducts daily interaction through WhatsApp. Committees also interact regularly in WhatsApp and transactions requiring approvals are referred to EXCO.

DATE LOCATION TYPE ATTENDANCE

04/04/2020 Virtual EXCO All members

24/04/2020 Virtual EXCO All members

04/05/2020 Virtual EXCO All members

27/05/2020 Virtual EXCO All members

28/05/2020 Virtual COUNCIL All members

19/06/2020 Virtual EXCO All members

13/08/2020 Park inn Radisson EXCO ALL Members

25/8/2020 virtual EMERG/ EXCO All members.

121 28/8/2020 virtual AGM All members 3/9/2020 virtual EXCO All members 15/10/2020 virtual EMERG/EXCO All members 3/10/2020 virtual EXCO All members

4.2. Annual General Meeting/Stake Holders Meeting.

One of the greatest feats of the Forum was the virtual Annual General Meeting/Stakeholders meeting held on Friday, August 28, 2020. As a result of the discussion on whether the Forum which was not up to a year old could hold an Annual General Meeting, it was suggested that the meeting could be called a stakeholders meeting. At the meeting, the Chairperson gave an address, while the Secretary and Treasurer gave their reports. At the end of the meeting, a fifty-seven (57) page document was produced and the electronic copy was circulated to all registered members of the Forum, while hard copies are available at the NBAWF secretariat and the NBA secretariat

5.0 MEMBERSHIP & MEMBERSHIP DUES

5.1: Membership

Membership registration has continued to grow over the last quarter and more female lawyers identify with the lofty ideals of the Forum. Membership google registration form was launched on the 13th of December, 2019. As at end of August, 2020 membership strength stood at seven hundred and seventy-six (776) registered members.

The Forum have not been able to obtain a valid list of female lawyers from the NBA secretariat to vet the registrants. With the upgrade of the NBA website, it is hopeful, that the secretariat will give the Forum the complete list. This will help to confirm the eligibility of members.

5.1.1 Membership Benefits

Benefits include: 1. Listing in the Directory of female lawyers in Nigeria. 2. Access to platform for global reach. 3. Mentoring opportunity / Mentor grooming. 4. Gender support against discrimination, abuse and harassment. 5. Network with a broad base /diverse forum of Nigerian female lawyers within and outside the country.

122 6. Hugh opportunity for career growth. 7. Unlimited legal information from forum library /research unit and much more. 8. Standing to draw from the huge potential of our recent MoU with New York State Bar Association, Women in Law Section NYSBA ‘WILs’. 5.2 Membership Dues

The Council decided as follows on the payment of Annual Dues and in the past eleven months this decision has been complied with

Young female lawyers – 1 - 5 at the bar are registered free.

Members above 5 years at the bar pay an annual fee of N5000.00

Senior lawyers are encouraged to sponsor the junior lawyers in a woman supporting woman move.

6.0 EVENTS AND ACTIVITIES

6.1. Ongoing Activities

The committees started off on a commendable note. Many of the committees have ongoing programs

6.2. Up Coming Activities

The implementation of the MoU signed with the New York State Bar Association, Women in Law, is a major activity which will be embarked by the Forum

6.3. Other Activities Undertaken:

6.3.1. At the 2020 NBA elections, Mr. Olu Akpata emerged as the 30th President of the NBA, with other elected officers. The Forum sent a congratulatory message to him.

6.3.2 Sensitization and support programs such as webinars and short videos to help female lawyers achieve work-life balance and boost their resilience during the COVID 19 period

6.3.3. The establishment of a working group and dedicated hotline to tackle domestic and work place violence (including sexual abuse and harassment) as they pertain to female lawyers;

6.3.4. The Forum commiserated with the family of Chief Phoebe Ajayi- Obe SAN, the first Female Senior Advocate of Nigeria in the Eastern Region of Nigeria and Second Female Senior Advocate of Nigeria, who passed on 28th Day of June, 2020

123 7.0 ACHIEVEMENTS:

At the NBA elections both at the national and local levels, many members contested for elective positions. Of note are positions taken by female lawyers, our amazons, for the first time in the history of the Association and their branches. The amazons include but not limited to the following

7.1. Joyce Oduah. This amazon was elected as the first female General Secretary of the NBA in almost forty (40) years.

7.2. Mrs Delayo Adetunji-Oriekun. The Amazon was elected as the first female Vice Chair of the NBA Ibadan Branch in sixty-six (66) years

7.3. Other amazons who rose up to the challenge to contest and win elective posts at the different NBA branches are listed below. We are proud of them

1. Kikelomo O. Owolabi-Chairperson of Ikere -Ekiti branch. 2. Hauwa Shekarau- Chairperson, Abuja Branch. 3. Odetola Ibironke - Secretary, Ikere Branch. 4. Mrs. Olajolo A. - Chairperson, Ile-Ife Branch. 5. Gloria Etim- Chairperson, Eket Branch 6. Laura Akpan- Secretary, Eket Branch 7. Mrs. Antonia Osademe- Chairperson, Port Harcourt Branch. 8. Rahila Dauda- Vice Chairperson, YLF Abuja branch. 9. Isi Juliet- Financial Secretary, YLF Abuja branch. 10. Ngozi Ukweni - 1st Female Chairperson, Ohafia branch. 11. Chioma Onyenucheya-Uko, Vice Chairperson, Abuja branch.

8.0 NBAWF INCOME AND EXPENDITURE ACCOUNT TILL DECEMBER 4 2020

The financial report of the NBAWF is as follows:

8.1. INCOME- TOTAL = 4,636,000: 00

8.2. EXPENDITURE: TOTAL 3, 173, 550: 00

8.3. CHARGES/DEDUCTIONS TOTAL 5,034.04

8.4. AVAILABLE BALANCE AS AT 4 DECEMBER 2020 TOTAL 1,457,415.96

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9.0. OUTSTANDING ISSUE

There has been an outstanding issue of the Forum denied of a take-off grant at inception and to date, which was not addressed by the last administration though it was brought up several times both formally with several letters written on the issue and also informally. The issue was included in all our previous reports at all NEC meeting. The take-off grant was NEVER given to the NBAWF, despite several requests and demands. This made it very difficult for the Forum to take off as smoothly as it should. The Forum will want the present administration to look into it. If it is a right, which other Sections or Fora enjoyed at inception, we kindly ask Mr President to please let us have it. However, if it is a privilege, our appeal is that our request should be revisited and considered.

10.0 CONCLUSION

The Executive and Council members have in the past fifteen (15) months worked tirelessly to set up a solid and enduring foundation for the NBAWF and to ensure that the needs of the female lawyers are met through the activities of the various committees. We are determined and well positioned to fulfil the mandate given to us in September 2019. With God on our side we will not fail the female lawyers in Nigeria and the Nigerian Bar Association

I cannot end this report without thanking the immediate past President, Paul Usoro SAN and his executive members for the support during his tenure. In the past months, since Mr Olu Akpata took over as the NBA President, he has demonstrated his full and unflinching support for the Forum. We look forward to working with our dynamic President and members of his executive.

Long live the Nigerian Bar Association Women Forum, Long live the Nigerian Bar Association

Professor Oluyemisi Bamgbose (SAN) Chairperson, Nigerian Bar Association Women Forum

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BRIEFING REPORT TO THE NATIONAL EXECUTIVE COMMITTEE (“NEC”)

DECEMBER 2020

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TABLE OF CONTENT 1. Protocols ……………………………………………………………………………. 3 2. Overview ……………………………………………………………………………. 3 3. YLF Website ……………………………………………………………………….. 3 4. YLF Arbitration Challenge ………………………………………………………. 3 5. Webinar with NWLR………………………………………………………………. 4 6. Webinar on Mass Metering Policy……………………………………………... 4 7. Proposed Partnership with Mediator Academy ……………..……………… 5 8. Proposed Partnership with Thomson Reuters ……………………………… 5 9. Human Rights Committee ………………………………………………………. 5

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1.0. PROTOCOLS

2.0. OVERVIEW

The Governing Council of the NBA Young Lawyers’ Forum (“YLF”) has continued to focus on capacity building and welfare of young lawyers, as we stated in our last report to the National Executive Committee (“NEC”) of the Nigerian Bar Association (“NBA”).

At the last NEC meeting, we had highlighted the various activities conducted by the YLF in view of the emergence of the Covid- 19 pandemic and the challenge with physical gatherings. The YLF held series of online learning sessions, facilitated cash donation to young lawyers as palliatives, secured free access to legal research platforms for young lawyers, provided support to the national secretariat of the NBA in implementing Covid-19 palliative schemes, participated in observing the recently concluded NBA national officers’ election, launched a national arbitration competition with support from local and international partners, and that we were set to launch the YLF website to aid information dissemination and connect young lawyers across the country.

Currently, in a bid to adjust to the new normal of virtual activities, the YLF has held a number of Webinars beneficial to young lawyers. Below are some of the achievements between the last NEC meeting and now.

2.1. YLF Website

With the quest to make information easily assessable to young lawyers, the YLF officially unveiled its website with the aim to simplify the process of accessing information specifically targeted at young lawyers across the country. The importance and necessity of having a website has been made more apparent in recent weeks when it became necessary to channel information to all young lawyers across the country and provide guidelines for addressing complaints. The website is to serve as a central source for readily accessible information and a platform for managing requests for intervention by the YLF Chairman and YLF Council members.

2.2 YLF Arbitration Challenge

As stated at the last NEC meeting, the YLF initiated an Arbitration Challenge, a first of its kind competition on arbitration in Nigeria, aimed at stimulating the practice of international commercial dispute resolution mechanisms among young lawyers, with a focus on the roles of legal practitioners in foreign investments in Nigeria. The goal is to deepen the interest and skill set of young

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lawyers in arbitration as a mechanism for investment and commercial dispute resolution. With our partners as the London office of Hogan Lovells, a global law; the Lagos Chambers of Commerce International Arbitration Centre (LACIAC), Africa Legal, Association of Young Arbitrators, and the Africa Arbitration Academy

The YLF Arbitration Challenge is open to all branches of the NBA to present and register a team of not more than five (5) young lawyers (of 1 - 7 years’ post- qualification experience).

2.3 Webinar with NWLR

The YLF collaborated with the Nigerian Law Publications Limited, publishers of the Nigerian Weekly Law Reports (NWLR) to host a webinar on Young Lawyers' Welfare and Challenges of Pupillage in Nigeria on Thursday, November 26, 2020. The webinar featured Honourable Justice Jospeh Oyewole, Justice of the Court of Appeal; Mr. Festus Keyamo, SAN, the Honourable Minister of State for Labour and Employment; Mr. Tayo Oyetibo, SAN; Dr. Hauwa Shekarau, Chairman, NBA Abuja Branch (Unity Bar); Mr. Samson Audu, Chairman, NBA Kaduna Branch; Mr. Lateef Omoyemi Akangbe, Chairman, NBA Lagos Branch; and Mr. Tobi Adebowale, YLF Chairman as speakers while Mr. Ebun-Olu Adegboruwa, SAN moderated the event.

In furtherance of the collaboration, the YLF has secured a special discount on an annual subscription to NWLR Online for young lawyers within 1 to 7 years at the Bar at a price of N10, 000.00 (Ten thousand Naira). This special offer of about 66% reduction in the actual price of the NWLR Online was announced at a webinar held on 26th November 2020 by NWLR in conjunction with the NBA Young Lawyers Forum and the special offer will run till 31st December 2020.

2.4 Webinar on Mass Metering Policy

The YLF held a webinar on Mass Metering Policy on the 27th of November 2020 aimed at assessing the impact of the mass metering policy of the Federal Government and to provide enlightenment to young lawyers enthusiastic about the power sector in Nigeria.

The webinar was moderated by Kofo Olawoyin, Head Legal Advisory and Contracts, Eko Electricity Distribution Plc with Mr. Dafe Akpeneye, Commissioner Legal, Licencing and Compliance, Nigerian Electricity Regulatory Commission; Engr. Ahmad Zakari, Special Adviser to the President on Infrastructure; Bunmi Olukoju, Chief Finance Officer, Ikeje Electric; and Chantell Abdul, Group CEO, Mojec International as discussants.

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2.5 Proposed Partnership with Mediator Academy The Academy has approached the YLF for a partnership pursuant to which the Academy will offer its flagship “Foundation Level Certificate in Commercial Mediation” (accredited by CIArbUK) course partnership to young lawyers in Nigeria in collaboration with the YLF.

The YLF has requested for and the Academy has offered a significant discount on the price of the course, which will now be made available at the price of £75 down from £354. The YLF has also requested and the Academy has agreed that the discount be made available to all lawyers of one (1) to ten (10) years post-qualification experience.

To proceed with the partnership, the Academy has proposed to enter into a Memorandum of Understanding ("MoU") with the YLF in respect of the above.

2.6 Proposed Partnership with Thomson Reuters - Practical Law/ Westlaw

The YLF is presently holding exploratory talks with representatives of the Thomson Reuters team on possible benefits that Thomson Reuters may offer to young lawyers in Nigeria through its flagship product, Practical Law. Possible benefits being discussed include access to Practical Law and Westlaw at subsidized rates and access to training for young lawyers.

2.7 Human Rights Committee

The YLF has set up a Human Rights Committee in response to various reports of human rights abuses suffered by young lawyers. The committee was also set up to provide support to the national leadership of the NBA in its efforts to enforce the fundamental human rights of citizens affected by the events surrounding the ENDSARS protests.

THANK YOU.

FOR: NIGERIAN BAR ASSOCIATION YOUNG LAWYERS’ FORUM

TOBI ADEBOWALE PATRICIA UDEH (National Chairman, NBA – YLF) (Secretary, NBA – YLF)

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130 REPORT OF THE GENERAL-PURPOSE COMMITTEE TO THE NATIONAL EXECUTIVE COMMITTEE (NEC) MEETING OF THE NBA HOLDING ON THE 15TH DECEMBER 2020 AT THE NBA HOUSE, MUHAMMADU BUHARI WAY, CENTRAL AREA ABUJA.

Members: 1. Kpajie Nnamdi Ibegbu, SAN Chairman 2. Chief Albert Akpomudje, SAN Vice Chairman 3. Mrs Patricia I. Igwebuike Secretary 4. Dr Garba Tetengi, SAN Member 5. Dorothy Ufot, SAN Member 6. Olalekan Ojo, Esq Member 7. Tolu Aderemi, Esq Member 8. A Y Abukakar, Esq Member 9. Abigail Waya, Esq Member 10. Chief Serena Dokubo-Spiff Member 11. Leader Leneke, Esq Member 12. Fatimah Dattijo-Mohammed, Esq Member

The General-Purpose Committee of the Nigerian Bar Association was inaugurated by the President, Mr Olumide Akpata on aOctober 2, 2020. The Committee was subsequently, mandated to screen the shortlisted Applicants for the rank of Senior Advocates of Nigeria at Abuja from Friday 23rd to Saturday 24th October 2020. However, the #EndSARs Protest made it necessary for the Committee to resort to virtual screening of all the shortlisted Applicants.

The NBA Secretariat successfully deployed the use of technology to facilitate the virtual screening of all the applicants. The Committee were divided into 3 Panels and they screened a total of 138 applicants.

The Screened Applicants were ranked as follows: Average, Recommended and Highly Recommended.

The President and the Chairman of GPC intermittently observed the various Panels during their screening.

CONCLUSION: The Committee appreciates the confidence the President has in them by giving them this laudable opportunity to serve the Legal Profession.

DATED THIS 10TH OF DECEMBER 2020

Kpajie Nnamdi Ibegbu, SAN, FCIArb Mrs Patricia I. Igwebuike, MCArb Chairman Secretary

131 COMMUNIQUE - NBA CAC TASK FORCE ON EASE OF DOING BUSINESS

A) PREAMBLE The NBA President, Mr Olumide Akpata set up a Presidential Task Force (the “Taskforce”) on Ease of Doing Business at the Corporate Affairs Commission (“CAC”) on the 24th of September 2020 to identify the main challenges faced by users of the CAC’s services and engage with the CAC to proffer possible solutions to ensure a seamless and optimal customer service experience.

The Taskforce in fulfilment of its mandate took the following steps:

a) Had its inaugural meeting to map out a plan on the 28th of September 2020 b) Carried out a survey (“The Survey”) to identify the challenges faced by the CAC’s customers and possible recommendations for resolving the challenges. A total of 1,875 people participated in the survey with about 5,000 recommendations. The Taskforce distilled the recommendations and categorized them for discussion with CAC. c) Held its first meeting with the RG of CAC on 8th October 2020 to present the issues identified and recommendations to the RG. The RG attended the meeting with 30 heads of departments and explained the internal workings of the CAC to the Task Force. d) The task force held further internal meetings and further stakeholder engagements to distill outcome from its first meeting with the RG of CAC. e) The Task Force forwarded further recommendations to the RG of CAC and held its second meeting with the RG of CAC on 17th November 2020 to agree on adequate resolutions to the issues identified. f) This Comminique is issued as a sequel to the above steps and engagements.

B) THE RESULTS OF THE SURVEY The survey responses and the percentage of complaints on each issue are as follows:

1. Delay in registration of Company – 1164 responses (62.5%) 2. Delay in post incorporation – 1,119 responses (60.1%) 3. Delay in issuance of Certified True Copies – 915 responses (49.2%) 4. Courier Service Complaint – 910 responses (48.9%) 5. Delay in obtaining Registrar-General’s consent – 900 responses (48.4%) 6. Delay in reservation of name – 574 responses (30.8%) 7. Others – 539 responses (29%)

C) SUMMARY OF CAC’S HIGH LEVEL RESPONSES. The following broad responses (not verified by the Task Force) from the CAC are pertinent:

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132 a) A lot of the delays and issues are caused by the ongoing transition to a technology based system instead of a manual system. b) Some of the steps taken, like banning physical searches are informed by people who steal or mutilate documents in CAC files. c) COVID19 protocols dictated that only a certain grade of staff could be in the office during the lockdown period. This led to considerable backlog as all the CAC junior staff were excluded from coming to the office. d) Federal Government included as part of its COVID19 palliatives the incorporation of 250,000 business names for young Nigerians. This added to the backlog and is still ongoing. e) The ineptitude of some of the courier companies engaged is totally outside the control of the CAC.

D) THE WAY FORWARD a) Task Force made several recommendations which were accepted by the CAC. b) The CAC promised to expedite its new technology in a fast paced manner with due consideration for customers. c) The lock down now eased CAC promised customers should expect faster delivery timelines. d) The Task Force shall recommend to NBA to set up a complaints system to monitor the CAC and instil a reporting system that shows progress or regression in delivery of services by CAC.

E) SIGNIFICANT AGREEMENTS REACHED WITH CAC We have set out in the table below the significant agreements reached between CAC and the Task Force:

1) Searches The Task Force requested that lawyers should be allowed to conduct searches on CAC files were they deem it necessary to do so and in the interest of the integrity of information given the clients. It was therefore agreed that: a. In addition to the self service window which will be incorpotated into the new CAC’s operating system for all customers, physical searches on a file would be allowed where customer requires company information beyond ordinary or a detailed due diligence is required. A fee to be prescribed will be charged on application. b. To new CAC regulations should be explicit on circumstances under which CAC would allow a customer into its premises for a physical search. Further information provided by CAC in this regards are: a) Online searches will be available on the new portal. The information about each company is being updated as the company files returns or searches are conducted on the company. The CAC is currently focused on updating information on all

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133 active companies. Over time, historical information would also be available online on all the companies registered by the CAC. b) Basic information about every company is available on the CAC’s website through the public search portal. c) The CAC is upgrading its archival system to integrate it into its new system, and this would enable customers to have access to scanned documents.

2) RG’s Consent for Incorporation of Incorporated Trustees & Company Limited by Guarantee The Task Force requested that delays in this regard should be addressed by the RG’s consent being obtained at the same time as the name availability application and RG should delegate the cosent to certain zonal coordinators and the N5,000 fee should not be charged. The CAC agreed to treat the consent simultaneously with the availability application but the RG insisted that because of the security implications of this consent he cannot delegate it. RG also insisted that the fee be paid as it is nominal.

Further information in this regard from CAC: Consent applications should not be sent to the Zonal Offices but to [email protected].

3) CAC Complaints Unit The Task Force requested that CAC institutes a central complaints unit separate from the one they have on a departmental basis. This unit should have Key Performance Indicators based on how many complaints they follow through weekly. This was agreed with CAC. Further information in this regard from CAC: a. Complaints should be sent electronically to the following email addresses [email protected] or [email protected] and copy [email protected], [email protected]. A member of the Quality Assurance Team will escalate the complaint to the relevant department and follow up on the resolution of such complaints. b. The new system to be deployed, assigns each customer a User Account, and interface would be on that account which would reflect the status of each application at every point similar to what obtains with new incorporation. c. The CAC has developed an in-house application to track and monitor all applications and complaints received either electronically or physically with a colour code to reflect the status of such application. d. There are Telegram Groups for Lagos and Abuja where manifests of documents dispatched are uploaded daily. Complaints are also addressed on the Telegram Groups. e. A portal for complaints has been built into the new system, and each customer can send in their complaints directly from their accounts.

4) Post Incorporation Issues

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134 The TaskForce was of the view that post incorporation issues needed to be streamlined like the incorporation system where payments are made online and documents obtained online. The CAC in response stated as follows: a. The new operating system to be deployed by the CAC has a portal for post- incorporation returns. b. The CAC currently accepts electronic filing of some statutory returns such as annual returns, notification of change of directors, secretary or registered address and allotment of shares. The applicable CAC form should be sent by email to any of the following email addresses [email protected]; [email protected]; or [email protected] c. Customers can send bulky documents to the CAC through the designated courier companies. For example registration of charges and loan agreements. d. By the time the new system is deployed, all transactions can be conducted online including uploading of bulky documents especially for charges e. All requirements for the filing of CAC’s processes are clearly stated on the CAC’s website. Customers should check the CAC’s Checklists and Regulations before filing their post-incorporation documents to reduce incidences of queries. f. The backlogs and pending post-incorporation applications would still be sent off to customers through the designated courier companies until they are all cleared. g. After the deployment of the new technology, there would be a clear week for migration to the new system where new documents would not be treated; and h. An account would be created for each company on the new CAC post- incorporation portal where each company’s accredited agent would be able to log in, view details of the company, and update the company’s record. i. In the future, certificates and certified true copies of documents would not be issued physically.

5) Lawyers Accreditation with CAC The CAC and the Task Force agreed that a seamless accreditation of lawyers was of utmost importance. Accreditation would be done electronically without the physical presence of customers at the CAC’s premises. The CAC agreed that the Nigerian Bar Association will revert with an authentic process for CAC to plug into the NBA database to verify lawyers that are still on the roll with the Supreme Court and not subject to any disciplinary actions.

6) Issues with Courier Companies The Task Force made known to CAC the many complaints about the inefficiency of designated courier services companies used by the CAC. In response, CAC said documents are released to courier companies every two hours with an agreement that documents received before 2:00 pm would be delivered to the clients on that day and that documents received after 2.00 pm would be delivered to the clients before 12:00 pm the following day. Clear manifests of documents released to each courier company are regularly uploaded on the Telegram Groups and on the website. The CAC admittedly has no control

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135 over the efficiency of courier companies but promised to penalize those who are recaltritant if the complaints are brought forward by customers. CAC looks forward to the the deployment of the end to end electronic system which result in the end of incidences of missing or delayed documents.

7) Multipliple and layered Queries The Task Force identified that one of the causes of delay was multiple queries and layered queries. In which case when one query is addressed, then it moves on to another department and another query is raised. The Task Force requested that a system should be emplaced to identify and communicate all queries at the same time whereby one officer deals with a transaction from beginning to end. Task Force also requested that emails and text messages should be sent to the customer with dispatch and minor issues should be resolved over the phone without a formal query. In certain situations, a physical meeting should be allowed where necessary. The CAC agreed with this recommendation and went further to mention that customers should be careful to provide the functional email addresses and phone numbers in their paperwork so they can be easily contacted.

8) Information Disemmination/Social Media channels The Task Force identified that many problems emanate from poor information dissemination between CAC and lawyers. The CAC encouraged lawyers to follow CAC on Twitter @cacnigeria1 and promised to regularly post news update or information on its website at www.cac.gov.ng. Customers are also encouraged to join the two Telegram Groups for Abuja and Lagos by clicking on the appropriate links on the CAC’s website. Finally, the agreed to recommend to the NBA that to set up an information dissemination channel where news from the CAC are transmitted directly to lawyers via the NBA. 9) Application for refunds The Task Force raised the issue of refunds for excess payments and the need to expedite those refunds. The CAC was of the view that a fair amount of these refunds were avenues for fraudulently collecting deliberate overcharges on statutory fees and lawyers should ensure they pay only the right amount due to CAC because accounts is subject to several deductions from Ministry of Finance. The CAC opined that processing refunds from government coffers is cumbersome that CAC now has a revised policy on refund where virtual wallets would be created for each customer so that excess monies can be applied towards subsequent filings and only authorized by the entity that made the payment. 10) Timelines and modalities for deployment of the new technology. The Task Force mindful of CAC’s proposed deployment to a new technology requested that CAC published a time table and program of modalities so that customers are pre-

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11) Zonal Offices and decentralization of filing processes The Task Force was of the view that several zonal offices should be designated to act on an end to end basis to reduce delays. The CAC opined that with the advent of technology and most trasactions going online, the personnel in the zonal offices will not be busy attending to customers. Such personnel will be deployed to other workstreams that go hand in hand with the technology to be emplaced – like granting online approvals, addressing complaints and the like. The CAC was of the few that a few zonal offices may still be allowed to collect physical applications particularly business names registrations and that the physical searches on business names would still be conducted in certain zonal offices.

12) Bripan and Insolvency Practitioners The Task Force was of the view that limiting insolvency practice to members of BRIPAN under Section 705 (c) of CAMA 2020 was an additional hurdle for NBA members practicing in that sphere. It was agreed that the NBA and CAC will engage further in this regard.

13) CAC Published Timelines The Task Force was keen to extract promises from CAC on it timelines for delivering on each transaction to its customers and requested that the CAC publishes a set of reasonable timelines that NBA and the public can hold the CAC to going forward. The CAC agreed to publish this immediately. 14) NBA CAC TASKFORCE Monitoring System The Task Force firmly believes that whilst this engagement may have led to some helpful decisions, we are not able to confirm the level of improvement on service delivery by the CAC. This will need constant monitoring. In this regard, the Task Force has recommended to the President of the NBA, that NBA should set up a monitoring system to receive complaints and transmit them directly to the CAC and to monitor on a real time basis. The modalities for publishing such complaints should be published on all the NBA platforms at the earliest.

Signed CHAIRMAN TASK FORCE AYULI JEMIDE

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