Flowerbud News

Category: General News

  • Breaking: NAFDAC destroys Fake, Unwholesome  products Worth N1 3bn in Abuja

    Breaking: NAFDAC destroys Fake, Unwholesome  products Worth N1 3bn in Abuja

     

    (NAFDAC DG, Prof. Mojisola Adeyeye –  Directed strings of successful operations against counterfeiters across the country)

    NAFDAC and other Government officials lighting the flame to burn the dangerous products)

    By Biola Lawal.
    Kuje (Abuja): Flowerbudnews: As part of its strategies for protecting public health, the National Agency for Food and Drug Administration and Control (NAFDAC) today destroyed fake, expired, and substandard goods worth N1.3bn in Abuja.

    Flowerbudnews reports that unwholesome goods destroyed included fake and expired medicines, food items, cosmetics, hospital equipment, and many other products.

    According to NAFDAC Officials, the products destroyed included expired food items voluntarily handed over by some local and international organisations, including the World Food Programme (WFP) not to endanger public health.

    The Director-General of NAFDAC, Prof. Mojisola Adeyeye,  was represented at the burning event by  NAFDAC’s Festus Ukadike, who led government officials to the Kuje dumpsite in Abuja for the destruction. (Flowerbudnews)

  • Alleged N400m fraud: Court cautions I-G in charge against Andy Uba

    Alleged N400m fraud: Court cautions I-G in charge against Andy Uba

     

    A Federal High Court (FHC) in Abuja, on Thursday, cautioned the Inspector-General (I-G) of Police in the charge filed against Sen. Andy Uba, and two others, over allegations bordering on N400 million fraud .

    Justice Inyang Ekwo gave the warming after I-G’s lawyer, M.C. Anthony, relied on the FHC (Civil Procedure) Rules, 2019, in a motion ex-parte filed to seek an order for substituted service of the charge on Uba and his co-defendants.

    When the matter was called, Anthony, who announced appearance for the prosecution, told the court that he was holding brief for another counsel.

    Justice Ekwo then asked him if he was a private or government lawyer and Anthony responded that he was a government lawyer.

    “You cannot hold brief for a government officer in court,” the judge told him.

    Justice Ekwo further observed that on Nov. 13, 2024 when the matter was heard, though Anthony appeared in court in company of another lawyer, he did not inform the court that he held a brief of his colleague.

    “You were in court on 13th of November, 2024 with Mohammed Gajo,” he said.
    When the judge asked him what the ex-parte motion was all about, he said::”My lord, the motion is seeking a leave for substituted service of the charge and other processes on the 1st to 3rd defendants/respondents.”

    When the judge asked him under what law was the motion ex-parte brought, he said their application was predicated on Order 6, Rule 5(b), d(I), 5(e), and 8 of the FHC (Civil Procedure) Rules, 2019.
    The judge, therefore, asked Anthony if the case was a civil or criminal matter, and the lawyer responded that it was a criminal matter.
    Justice Ekwo, then, told him that being heard under the law is supported by the law and that what would authorise him (Anthony) to file the motion should be pursuant to Administration of Criminal Justice Act (ACJA), 2015
    “So does this apply?” he asked rhetorically.
    According to the judge, this is based on law and it is not exercises in vacuum.
    “You have to go and put your house in order,” the judge said and adjourned the matter until Feb. 18 for hearing of the motion ex-parte.
    The News Agency of Nigeria (NAN) reports that the I-G, Mr Kayode Egbetokun, sued Andy, the former Senator representing Anambra South, and two others.
    The I-G, in a two-count charge marked: FHC/ABJ/CR/538/2024 filed before Justice Ekwo, joined Crystal Uba and Benjamin Etu as 2nd and 3rd defendants respectively.
    The charge, dated Oct. 8, was filed on Oct. 10 by Abdulrashid Sidi in the Legal/Prosecution Section at the Police Force Headquarters, Abuja.
    In count one, Uba, Crystal, Etu and Hajiya Fatima now at large, sometimes in 2022, were alleged to have conspired amongst themselves to commit the offence.
    Una and others were accused of obtaining by false pretence, by making a presentation to George Uboh that they had perfected ways for the appointment of the Managing Director of Niger Delta Development Commission (NDDC) to any interested persons who could afford N400 million.
    “A presentation which you know is not true and thereby committed an offence contrary to Section 8 and punishable under Section 1 (3) of the Advance Fee Fraud and other Fraud Related offences Act, 2006.”
    In count two, the defendants and Fatima, who is at large, were alleged to have conspired amongst themselves with intention to defraud and induce George Uboh by making a presentation to him that they had perfected way to give an appointment of the post of Managing Directorship of NDDC to any interested person who could afford the sum of N400 million.
    The offence is contrary to Section 1 (2) and punishable under Section 1 (3) of the Advance Fee Fraud and other Fraud Related offences Act, 2006,” the count read in part.
    Uboh, in a letter dated April 5, 2023, and addressed to the I-G, said the petition was based on documentary and voice recording.
    According to Uboh, the evidence is overwhelming and irrefutable.
    No fewer than six witnesses had been listed to testify against the ex-lawmaker and others.
    Justice Ekwo, in the last adjourned date, had adjourned their arraignment until Feb. 18, 2025.
    The adjournment followed a complaint by Anthony, who appeared for the I-G, that the defendants had been evading the service of the court documents despite being given administrative bail.
    Anthony told the court that they had been on the matter since 2023.
    He said the defendants obtained a fundamental rights enforcement order which had prevented the police from bringing them to court.
    The lawyer said it was until after the order was lifted that the defendants were finally charged before the judge.

  • Court cautions EFCC, vacates temporary order freezing $163,592 in coy account

    Court cautions EFCC, vacates temporary order freezing $163,592 in coy account

     

    A Federal High Court in Abuja has faulted the Economic and Financial Crimes Commission (EFCC) for obtaining a freezing order against Micoz Bluelink Enterprise’s $163,592 U. S. dollars domiciled in United Bank for Africa (UBA) without concrete evidence.

    Justice Emeka Nwite, in a ruling, held that the EFCC had failed to provide evidence that the funds constituted proceeds of fraud or any crime committed either in Nigeria or elsewhere.

    Justice Nwite, who agreed with the argument of the company, held that the anti-graft agency bore the burden of proving its case, but failed to do so.

    The judge consequently set aside the earlier interim order made on Sept. 9, 2024, freezing the funds in Micoz Bluelink Enterprise’s account.

    The ruling followed an application filed by Akpasi Oziegbe (trading under the name and style of Micoz Bluelink Enterprise) against the freezing order of the court made against his bank account.

    The enterprise was incorporated by the Corporate Affairs Commission (CAC) in 2021 to carry on the business of general trading and distribution, haulage, automobiles and spare parts, general merchandise and general contracts.

    The News Agency of Nigeria (NAN) reports that the EFCC had, in its motion ex-parte, prayed for an interim order freezing the company’s bank account.

    In its affidavit deposed to by Austin Elem, an investigator with the commission, the officer averred that on July 14, 2022, Micoz Bluelink received an inflow of $163,592 U.S. dollars in its account with UBA from the law firm of Steve J. Mandel.

    The investigator said that upon receipt of the $163,592 from the law firm, UBA Plc received a SWIFT callback message from Citi Bank, New York, where the funds originated.

    According to Elem, Citi Bank requested that the said funds be recalled on the grounds that the funds were related to ‘unjust enrichment’ and ‘fraudulent transfer,’ prompting UBA Plc to place a restriction on the account.

    He further stated that UBA Plc subsequently transferred the funds to a suspense account at their headquarters, leading the applicant to lodge a complaint with the relevant institutions.

    As part of its ongoing investigation, the official said the EFCC wrote to the American Embassy, requesting information on the law firm of Steve J. Mandel in New York concerning the funds.
    “The American Embassy is yet to respond to the letter,” he averred.
    Besides, the EFCC contacted the Federal Bureau of Investigation (FBI) to assist in investigating the allegations of unjust enrichment and fraudulent transfer as alleged.
    “The FBI has commenced investigations but is yet to conclude,” Elem said
    The investigator emphasised that it had not been determined if the funds represented payment for miniature artefacts in ceramic form, as claimed by the applicant (company).
    “The respondent/applicant has not provided any evidence before this honourable court to show that the funds were for the procurement of miniature artefacts in ceramic form,” he said.
    Elem urged the court to uphold the freezing order granted on Sept. 9, 2024, asserting that lifting the order would prejudice the EFCC’s ongoing investigation.
    The company, through its lawyers, Ojukwu Chikaosolu, SAN, and Adeyemo Dolapo Richard, disagreed with the EFCC’s claims.
    It argued that the commission’s allegations were false and aimed at misleading the court.
    The firm, in the application, said that the callback request cited by the EFCC merely referenced “unjust enrichment” without providing further clarity.
    It argued that the EFCC’s application to freeze the account was made in the absence of any concrete evidence.
    “A person to whom miniature artefacts in ceramic form were supplied may believe that the artefacts are overpriced and may thus initiate a callback.
    “Selling such artefacts at a high price does not constitute a criminal offence,” the company argued.
    It accused the EFCC of fishing for an offence to justify its application to freeze the account.
    “There is no reasonable suspicion to sustain the freezing order on the applicant’s account. The EFCC’s counter-affidavit does not demonstrate that the funds constitute proceeds of fraud,” it argued.
    The company urged the court to set aside the order, stating that maintaining the freezing order without direct and cogent evidence of fraud or crime violated its rights to fair hearing and property, as protected by law.
    Delivering the ruling, Justice Nwite agreed with the applicant’s counsel that, in the absence of any report by the bank indicating criminal evidence, the funds in the applicant’s account were not proceeds of crime.
    The judge held that the EFCC “does not have any concrete or reasonable suspicion that an offence was committed by the applicant and merely sought the court’s order to punish the applicant, who, in fact, was the one who lodged the complaint.”
    He held that the EFCC bore the burden of proving that its application to freeze the applicant’s account complied with the law but failed to provide evidence that the funds constituted proceeds of fraud or any crime committed either in Nigeria or elsewhere.
    Justice Nwite also observed that the EFCC did not rely on a criminal complaint, court order, charge, or indictment but merely sought to freeze the applicant’s account.
    He further held that perpetuating the order would amount to enabling the EFCC to violate the applicant’s rights to fair hearing.
    “I hold that the application of the applicant is meritorious.
    “I hereby declare that the funds in Micoz Bluelink Enterprise’s account with UBA are not proceeds of fraud, crime, or any unlawful activity,” he said.
    The judge declared that the applicant is constitutionally entitled to access its funds, having not been proven to be involved in any crime.
    Justice Nwite consequently discharged the freezing order.

  • Governor Adeleke’s 5 Transformative Actions in Osun

    Governor Adeleke’s 5 Transformative Actions in Osun

     

    BRIDGING THE GAP IN RURAL CONNECTIVITY

    In December 2020, the Second Rural Access and Mobility Project  (RAAMP-2) closed in Osun State and no effort was made by the previous administration to enlist the state for the third phase of the project. It took the coming in office of Governor Adeleke for this to change as he ensured the release of the counterpart fund, which is a condition to benefit from the project.

    In two years, rural road projects accessed through the programme are ongoing and when completed, will enhance the movement of people and farm outputs in the benefiting rural communities.Below are the RAAMP projects ongoing in different parts of Osun State.

    (l.) Upgrading of 14.8km Methodist High School, Aagba to Oore to Ibontoro road, Boripe/Ibokun locagl overnments (2.) Upgrading of 21.1km road from Akoda to Baale Wajeko to Ilesha Express, Ede South/ Atakunmosa West/Ayedaade local governments (3.) Backlog maintenance of 4.5km road from Ogberin to Loogun to Egbeda to Ode Omu,Ede North/Ayedaade local governments (4.) Backlog maintenance of 4.76km Trade Fair to Aduramigba to Okinni road, Egbedore local government (5.) Backlog maintenance of 2.85km lwoye to Nazareth Farm with Spur to Abiye road, Egbedore local government (6.) Backlog maintenance of 2.58km Testin Ground to Imoru Community Laaroye to Kuta/lle to Ogbo road, lwo/ Ayedire local governments (7.) Backlog maintenance of 5.29km Kobongbogboe-Oiuawo Ayoka to Kuliyat to ATMAN road, Olorunda local government (8.) Backlog maintenance of 1.94km Igbaye Grammar School to IGS to Opete/Ara Road,Odo-Otin local government (9.) Backlog maintenance of 2.9km road from Agodo to Olode to Tangbori to Ogbaagba,Ede South local government (10.) Backlog maintenance of 5.8km Ojudo to Loogun to Araromi to Akinbode Loogun road, Ede South local government.

    BRINGING GOVERNANCE CLOSER TO THE PEOPLE AT THE GRASSROOT

    Governor Adeleke has transformed governance, ensuring that not only  those living in the cities  or big towns can enjoy the benefits of social amenities, but  also those in the remoteness part of the past. Between November 27, 2022 and now, a total of Two Hundred and Seventy-six (276) socially inclusive micro projects had been completed and being put into uses in different parts of the state. The micro projects, which is distributed along education,health,water and sanitation,and socio-economics,has benefited at least, To Hundred and Forty-six thousand, Seven Hundred and Thirty-nine (246,739) people,comprising of 122,353 males and 124,386 females including vulnerable people in the society. Below are some of the socially beneficial projects done in the last 24 months.

    (1.) Renovation of Science Laboratory at Oke Yidi High School, Ode-Omu, Ayedaade local government (2.) Rehabilitation of a block of 2 Science Laboratory and 3 classrooms at Arimoro High School, Alagbado, Ilesa West local government (3.) Renovation of School Building at Methodist Primary School, Otapete, Ilesa East local government (4.) Rehabilitation of a 2 block of classrooms at Ekosin Primary School, Ekosin, Odo-Otin local government (5.) Drilling&. Reticulation of Motorized Borehole at Olupelu Ayegbaju community, Odeyinka village, lrewole local government (6.) Drilling&. Reticulation of Motorized Borehole at Ago Owu Farm Settlement, Farm Settlement I, Ayedaade local government (7.) Drilling&. Reticulation of Motorized Borehole at Ago Owu Farm Settlement, Farm Settlement II, Ayedaade local government (8.) Drilling&. Reticulation of Motorized Borehole at Ago Owu Farm Settlement, Farm Settlement III, Ayedaade local government (9.) Construction of 4 rooms VIP Toilet at Oju Oja, Ila local government (10.) Construction, Equipping and Furnishing of Health Centre at Ogbaagba, Ede South local government (11.) Construction,Equipping and Furnishing of Health Centre at Odo Oba community, Iwo local government (12.) Renovation of a Block of 2 Classrooms and two (2) offices at St. Saviour’s  Anglican Primary School, Ife Soya, Ife South.

    BREATHE LIFE TO AGRICULTURE AND BOLSTER FOOD SECURITY

    When Governor Adeleke took office two years ago, agriculture was nearly inexistent due to lack of investment in the sector by the previous administration.In 24 months, the experience has taken a turn for the better as Governor Adeleke unveiled 31 new tractors acquired by the State Government in its effort to ease farming operations in the state. The 31 new tractors with full implements, is just a phase in the effort to boost food production, and the mechanised tools will be released to farmers’ cooperative societies and associations after all necessary administrative procedures have been completed.Through the Osun CARES RA2,a total of 8,060 farmers has received agricultural inputs and services, out of which 3,972 were females and 4,088 were males. The inputs distributed consists of improved seed varieties, fertilizers,herbicides, insecticides among others.In two years, at least 80,000 hybrid cashew seedlings were raised and distributed to Osun farmers just as poultry farmers were empowered with several millions of naira through Osun Broiler Outgrowers Production Scheme.

    Highlights of the achievements recorded in agriculture in two years.

    (1.) Acquire of thirty-one (31) new tractors and their implements with the repairing of old tractors for land mechanisation for Osun farmers (2.) Empowerment of peasant farmers through Osun Covid-19  Action Recovery and Economic Stimulus Programme IOS-CARES (3.) Procurement and distribution of agricultural inputs to farmers and schools across the state (4.) Empowerment of women and persons with disabilities on agricultural project (5.) Raising and distribution of 80,000 hybrid cashew seedlings for farmers across the state (6.) Empowerment of livestock farmers across the state through Osun Broiler Outgrowers Production Scheme (OBOPS) (7.) Empowerment of youth including persons  with disabilities across the state with weaner pigs on pig production (8.) Drafting and validation of gender sensitive agricultural policy of Osun State (9.) Construction of toilets, vaccination, post mortem inspection, surgical operation and disease control of animals in Osun State (10.) Disinfection of farms  and livestock  markets.

    ACCESS  TO CLEAN AND PORTABLE WATER

    Under  the compassionate leadership of Governor Ademola Adeleke, Osun State is seeing strong commitment to the provision of portable and clean water to residents. Governor Adeleke  has concentrated resources to ensuring that people of the state have access to drinkable water  in the short and long term. In the short time, Governor Adeleke implemented the installation of a motorized borehole in each of the wards in Osun State, making a total of 332 motorized boreholes in the state.

    In the long term,Governor Adeleke has embarked on series of interventions to put  our water workstations in good use and delivers portable water to every homes.

    The Ora-Igbomina water project will soon serve the people in that axis as the contract to make it functional is being executed as we speak. Other efforts to bring portable homes to residents in the state includes the installation of water pipelines in Ede,Osogbo and others, which contributed to the restoration of water to Esa-Oke and environs.

    Governor Adeleke intervention saved the Ilesa water project from succumbing to the pervasive corruption that was frustrating the successful execution.

    (1.) Upgrading of Ede water works and) replacement of old Asbestos Cement (AC) pipes with the HDPE pipes (Ongoing) (2.) Upgrading of Osogbo water work and replacement of old Asbestos Cement (AC) pipes with the HDP pipes (Ongoing) (3.) Repairs and recharging of water filter media at lwo water works (Ongoing) (4.) Repairs and recharging of water  filter  media at Eka-ende water works (Ongoing) (5.) Repairs and replacement of damaged equipments to make Esa-Oke water scheme operational (Completed) (6.) Robust engagement with the Federal Ministry of Water Resources and relevant stakeholders to resolve the delay created by the mismanagement of the Ilesa water.

    REVIVAL OF COOPERATIVE  SOCIETIES AND CREDIT SUPPORT FOR BUSINESSES

    Governor Adeleke may have finally found the key to resolving the challenges faced by small scale businesses in the state in accessing credit. In two years, life has been breathe to cooperative societies in the state, making it possible for them to bridge the wide gap in accessing credit by businesses. For a start, Governor Adeleke created the Ministry of Cooperatives and Empowerment on July 19,2023. This was followed by the renovation and upgrade of the structures of Osun State Cooperative College in Ode-Omu, Ayedaade local government.

    In terms of credit support,the Ministry has disbursed N550 million credit to ward cooperatives in the 332 wards in the state,benefiting a total of 11,952 individuals. Another N450 million revolving loan was disbursed to conventional registered cooperative societies in the state under Federation of Osun State Cooperatives Limited (FOSCOOP) and a total number of one hundred and forty-two (142), cooperative societies have benefited so far. Osun indigenes in Abuja and other pars of the North got  N50 million credit support to be utilised for their various businesses.

    Credit: Cityonline.com

  • New wildfire in Los Angeles scorches over 8,000 acres

    New wildfire in Los Angeles scorches over 8,000 acres

     

    LOS ANGELES,  (Xinhua)/Flowerbudnews:  — A fast-moving brush fire erupted in Los Angeles County Wednesday morning, expanding to 8,096 acres (32.76 square km) with zero containment, according to the California Department of Forestry and Fire Protection (Cal Fire).

    The blaze dubbed Hughes Fire broke out around 10:30 a.m. local time (1830 GMT) in the area of Lake Hughes Road near Castaic Lake, about 80 km northwest of downtown Los Angeles, the Cal Fire reported, noting it quickly grew to the size in less than 6 hours and had crossed the county line to the neighboring Venture County.

    Fueled by heavy and dry plants, and pushed by gusting Santa Ana winds, the latest wildfire in Southern California spread rapidly, the local media said, adding approximately 19,000 residents are under mandatory evacuation orders.

    Students from middle and elementary schools in the Castaic community were evacuated on Wednesday afternoon, and the Castaic Sports Complex was also under a mandatory evacuation order, which was used by firefighters as a command post.

    The Pitchess Detention Center in Castaic evacuated 476 inmates to the nearby North County Correction Facility.

    Los Angeles County has been inundated with deadly blazes this month. The Palisades and Eaton fires, the largest ones in the most populous county of the United States, have killed 28 people, sparked numerous mandatory evacuations, and destroyed thousands of structures.

    The National Weather Service Los Angeles warned Wednesday afternoon that high winds were expected to continue in Southern California throughout the afternoon and overnight, further inhibiting firefighting efforts against the wildfires raging in the region.

    “Winds will be elevated enough to cause explosive fire behavior,” meteorologist Ariel Cohen said. “This is a very volatile situation and everyone needs to be prepared.”

  • 𝗦𝘁𝗮𝘁𝘂𝘀 𝗔𝗻𝗱 𝗣𝗼𝘄𝗲𝗿𝘀 𝗢𝗳 𝗧𝗵𝗲 𝗚𝗲𝗻𝗲𝗿𝗮𝗹 𝗖𝗼𝘂𝗻𝗰𝗶𝗹 𝗢𝗳 𝗧𝗵𝗲 𝗕𝗮𝗿 (𝗚𝗖𝗕) 𝗜𝗻 𝗧𝗵𝗲 𝗡𝗶𝗴𝗲𝗿𝗶𝗮𝗻 𝗟𝗲𝗴𝗮𝗹 𝗣𝗿𝗼𝗳𝗲𝘀𝘀𝗶𝗼𝗻

     

     

    By Sylvester Udemezue

    Established by the Legal Practitioners Act (LPA)i which providesii that “There shall be a body to be known as the General Council of the Bar (hereinafter in this Act referred to as “the Bar Council”) which shall be charged with the functions conferred on the Council by this Act or the Constitution of the Nigerian Bar Association (the “Association”).iii The LPA also prescribes its functions/powers, membership composition,iv tenure of elected members,v quorumvi of the meeting of the Bar Council.

    As already pointed out above, the Bar Council has three classes of powers namely — (1) powers reserved for it under the LPA,vii (2) Powers reserved for it by the RPC, 2007;viii and (3) those reserved for it in the NBA Constitution.ix Specific functions and powers of the GCB include:

    (𝟭). General Management of the Affairs of the NBA: Although the LPAx had given to the GCB the power of general management of the affairs of the NBA in emergency situations to avoid vacuum and irresoluble crises in NBA leadership, subject to any limitations for the time being provided by the Constitution of the Association, this power has now been transferredxi to the Body of Benchers. In reality though, attempts by the Body of Benchers to manage NBA affairs has always been met with resistance.xii

    (𝟮). Duty to Make and Amend the Rules of Professional Conduct (RPC) for Lawyers in Nigeria: The GCB possesses exclusive power to make, revise, amend or otherwise alter the RPC. The LPAxiii provides that “It shall be the duty of the Bar Council to make rules from time to time on professional conduct in the legal profession and cause such rules to be published in the Gazette and distributed to all branches of the Association”. The first RPC which was made by the Council at its general meeting in Lagos on 25 December 1967, was later amended on 15 January 1979, and later replaced by the RPC, 2007. The RPC 2007 was however, single-handedly purportedly amended by the Attorney-General of the Federation (AGF), Mr. Abubakar Malami, SAN, in September 2020.xiv This purported amendment was later set aside (nullified) by Court in 2022xv at the instance of a suit filed by the NBA.xvi

    (𝟯). Fixing Bar Practicing Fee (BPF): Although the powers of the General Council to fix bar practicing fee was transferred to the Body of Benchers under Decree 21 of 1994,xvii the current practice is that the Federal Attorney General now fixes the practising fees in consultation with the NBA.xviii

    (𝟰). Other Roles of the GCB: Making rules of accounts to be kept by legal practitioners in Nigeriaxix as well as performing other functions as may be assigned to it by the NBA Constitutionxx or the RPC.xxi

    𝗗𝗼𝗲𝘀 𝗧𝗵𝗲 𝗡𝗶𝗴𝗲𝗿𝗶𝗮𝗻 𝗕𝗮𝗿 𝗔𝘀𝘀𝗼𝗰𝗶𝗮𝘁𝗶𝗼𝗻 (𝗡𝗕𝗔) 𝗥𝗲𝗴𝘂𝗹𝗮𝘁𝗲 𝗧𝗵𝗲 𝗚𝗲𝗻𝗲𝗿𝗮𝗹 𝗖𝗼𝘂𝗻𝗰𝗶𝗹 𝗢𝗳 𝗧𝗵𝗲 𝗕𝗮𝗿 (𝗚𝗖𝗕)

    In some way, the NBA as an organization regulates the GCB in that the NBA prescribes certain functions for the GCB. Section 1 of the LPA provides that “There shall be a body to be known as the General Council of the Bar (hereinafter in this Act referred to as “the Bar Council”) which shall be charged with the functions conferred on the Council by this Act or the Constitution of the Nigerian Bar Association (the “Association”).xxii A close look at the foregoing provisions indicates that the Bar Council (GCB) has two categories of powers reserved for it under the LPA. But there appears to be a third category, powers reserved for the GCB under the Rules of Professional Conduct (RPC), 2023. Hence, the GCB has three groups of powers:

    (𝗮). *Powers Reserved For It Under The LPA:* These have been discussed above.

    (𝗯). *Powers Reserved For It In The NBA Constitution: xxiii* Section 7 of the extant Constitution of the Nigerian Bar Association (NBA), dealing with “Limitations to the powers of the General Council of the Bar,” provides as follows:

    Pursuant to the powers conferred on the Association by Section 1 (1) of the Legal Practitioners Act, CAP L11, Laws of the Federation of Nigeria, 2004 (“Legal Practitioners Act”), to limit the powers of the General Council of the Bar, the General Council of the Bar shall not have: a. Any control over the budget or finance of the Nigerian Bar Association; b. The power to appoint representatives of the Association to any Statutory, Executive/Judicial, or other bodies; 6 c. The power to issue any statements purporting to express the view of the Association upon any matter of public interest or any matter affecting the interest of the Legal Profession generally; d. The power to make any arrangements whatsoever (including the drawing up of an Agenda or choice of venue) for the Annual General Meeting or any other General Meeting of the Association. (2) If at any time, due to unavoidable circumstances or any emergency, an election cannot be held at the appropriate time or the National Executive Council is incapable of functioning, the General Council of the Bar shall be convened with powers to constitute a 10-member caretaker committee of members of the Association to run the affairs of the Association for not more than the unexpired tenure of the National Officers or until when new National Officers shall be elected. (3) Provided however that the General Council of the Bar acting under Section 7 (2) hereto shall not be subject to any limitation of its powers under Section 1(1) of the Legal Practitioners Act, until the expiration of the unavoidable circumstances or emergency.

    (𝗰). *Powers Reserved for the GCB by the RPC:* Rule 7 of the RPC provides as follows:

    7(1) Unless permitted by the General Council of the Bar (hereinafter referred to as the “Bar Council”), a lawyer shall not practice as a legal practitioner at the same time as he practices any other profession. (2) engaged in – A lawyer shall not practice as a legal practitioner while personally (a) the business of buying and selling commodities; (b) (c) time lawyer or as profession. (3) the business of a commission agent; such other trade or business which the Bar Council may from to time declare to be incompatible with practice as a tending to undermine the high standing of the For the purpose of the rule, “trade or business” include all forms or participation in any trade or business, but does not include- (a) functions; (b) (c) membership of the Board of Directors of a company which does not involve either executive, administrative or clerical being Secretary of a company; or being a shareholder in a company.

    Rule 45(2) of the RPC provides that “A lawyer shall not wear the Barrister’s or Senior Advocate’s robe – (a) on any occasion other than in Court except as may be directed or permitted by the Bar Council; or (b) when conducting his own case as party to a legal proceeding in Court; or (c) giving evidence in a legal proceeding in Court”.

    ➖➖
    *EndNotes*
    *Culled from the book, Strengthening Legal Profession Regulation In Nigeria (unpublished) by Sylvester Udemezue: 08109024556, lawmentorNG@gmail.com)

    (𝗶). CAP L11, LFN, 2004.

    (𝗶𝗶). Section 1(1), LPA

    (𝗶𝗶𝗶). Section 1(1) 𝗟𝗣𝗔

    (𝗶𝘃) Section 1(2)

    (𝘃). Section 1(3)(b)

    (𝘃𝗶). Section 1(4)

    (𝘃𝗶𝗶). Section 1

    (𝘃𝗶𝗶𝗶). See for example Rule 7, RPC, 20𝟮𝟯

    (𝗶𝘅). See the NBA Constitution, Scetion 7(2) and (3). <https://thenigerialawyer.com/wp-content/uploads/2022/01/The-NBA-Constitution-2021-Approved-by-AGM-on-29-10-2021-TheNigeriaLawyer.pdf>

    (𝘅). The previous section 1(1) (befoere the 1994 Amendment proviced: “There shall be a body to be known as the General Council of the Bar (hereinafter in this Act referred to as “the Bar Council”) which shall be charged with the general management of the affairs of the Nigerian Bar Association (subject to any limitations for the time being provided by the constitution of the association) and with any functions conferred on the council by this Act or that constitution”. The current provision is “There shall be a body to be known as the General Council of the Bar (hereinafter in this Act referred to as “the Bar Council”) which shall be charged with the functions conferred on the Council by this Act or the Constitution of the Nigerian Bar Association (the “Association”).

    (𝘅𝗶). By section 2 of Decree 21 of 1994; See the Legal Practitioner (Amendment) Decree 21 of 1994. See section 10 of the LPA (Revised Edition).

    (𝘅𝗶𝗶). Professional Ethics and Skills Handbook, Nigerian Law School

    (𝘅𝗶𝗶𝗶). Section 12(4)

    (𝘅𝗶𝘃).TheNigeriaLawyer, ‘AGF Malami (SAN) Amends RPC, Deletes Provision For NBA Stamp and Seal’ (TheNigeriaLawyer.com 12 September 2020) < https://thenigerialawyer.com/agf-malami-san-amends-rpc-deletes-provision-for-nba-stamp-and-seal/> accessed 23 December 2022

    (𝘅𝘃). Blueprint, ‘Court nullifies Malami’s amendment of lawyers’ professional conduct rules’ (Blueprint.ng 11 August 2022)

    (𝘅𝘃𝗶). Suit No: FHC/ABJ/CS/77/2022: Incorporated Trustees of the NBA v Attorney-General of the 𝗙𝗲𝗱𝗲𝗿𝗮𝘁𝗶𝗼𝗻

    (𝘅𝘃𝗶𝗶). See section 10(1)(d)

    (𝘅𝘃𝗶𝗶𝗶). This is perhaps by virtue of the Legal Practitioners (Amendment) Decree 31 of 1999

    (𝘅𝗶𝘅). See section 20 Legal Practitioners Act

    (𝘅𝘅). See: Section 1(1) LPA

    (𝘅𝘅𝗶). See Rules 7 and 45(2), RPC, 2023

    (𝘅𝘅𝗶𝗶). Section 1(1) 𝗟𝗣𝗔

    (𝘅𝘅𝗶𝗶𝗶). See the NBA Constitution, Scetion 7(2) and (3). <https://thenigerialawyer.com/wp-content/uploads/2022/01/The-NBA-Constitution-2021-Approved-by-AGM-on-29-10-2021-TheNigeriaLawyer.pdf>
    _____________

  • UBEC boss resumes, meets management staff on moving commission forwar

    UBEC boss resumes, meets management staff on moving commission forwar

     

     

    By JOHN ONAH

    The newly appointed Executive Secretary of Universal Basic Education Commission (UBEC), Aisha Garba, has assumed duty with the promise to deploy strategies to advance delivery of quality basic education for the millions of school-aged children in Nigeria.

    Garba who spoke during a meeting with members of management and staff of the commission on Monday in Abuja, emphasised that education is the right of every Nigerian child regardless of religion, class, gender or economic condition as captured in the Article 26 of the 1948 Universal Declaration of Human Rights.

    In a statement signed by the Head Public Relations and Protocol, David Apeh, she lamented that with approximated 17 million children, Nigeria has one of the highest number of out-of-school children in the world, constituting a staggering obstacle to the nation’s progress towards universal access to education for every Nigerian child.

    She added that even when children are in school, they are lagging behind in learning outcomes.

    “According to a World Bank Capital Index, students in Nigeria score 309 on a harmonized test score scale, where 625 is considered advanced attainment and 300 represents minimum attainment.

    “And according to UNICEF, the primary school completion rate for Nigeria was at 59% in 2020 for boys and 51% for girls. The secondary school completion rate is even lower, with boys at 42% and girls at 36%.

    “Access to higher education is still a challenge: while about 2 million candidates sit for the JAMB examinations every year, only about 500,000 are accepted,” she stated.

    The UBEC boss, extended appreciation to President Bola Ahmed Tinubu and Ministers of Education, Dr. Olatunji Alausa and Prof. Suwaiba Said Ahmad for her appointment to serve the nation.

    She highlighted the importance of partnership and collaboration to drive development of basic education in the country.

    Garba said: “Today, being my first meeting with you as Executive Secretary of the Universal Basic Education Commission which was set up in 2004 with a mandate to formulate and coordinate all aspects of the Universal Basic Education programme and establish minimum standards for basic education in Nigeria.

    “My goal is to deliver on this mandate which includes strengthening collaboration, partnerships and institutional learning for effective service delivery.

    “Together, we will work to increase access, improve quality, provide conducive and safe learning environments, supply adequate teaching and learning materials, and adopt the concept of ‘best fit’ in addressing specific basic education challenges, state by state and region by region (not a one-size-fits-all solution),” she stated.

    She added that the commission under her watch would seek multi-sectoral approach to address the demand and supply-side barriers to basic education which has continued to exacerbate the challenge of out of school children.

    According to her, UBEC would work collaboratively with Ministries, Departments and Agencies, Commissions and Development Partners on reforms and interventions to increase access and significantly reduce the high number of out-of-school children in Nigeria.

    She listed some key action plans to include the deployment of appropriate interventions, use of technology, construction of critical infrastructure and the upgrading of school facilities.

    “We will ensure the integration of children with special needs, promote education for the girl-child, and work with relevant partners to make schools safe and conducive for learning.

    “In addition, we will work with local government education authorities and community stakeholders in expanding access to basic education in rural, disadvantaged and hard-to-reach jurisdictions. We will work closely with state governors to increase the uptake and utilisation of the UBEC Matching Grants through strategic partnerships and engagement,” she said.

  • Court fixes Feb. 19 to hear a suit filed by Global Gas LTD against SPDC

    Court fixes Feb. 19 to hear a suit filed by Global Gas LTD against SPDC

     

    A Federal High Court in Abuja on Wednesday, fixed Feb. 19 for hearing in a suit filed by Global Gas and Refining Limited against Shell Petroleum Development Company of Nigeria Limited (SPDC) after an attempt to settle amicably failed.
    Justice Inyang Ekwo fixed the date after counsel to Global Gas, Patrick Ikwueto, SAN, informed the court that out-of-court settlement, earlier opted for by parties, had failed.
    Global Gas had, in the suit, sought an order restraining SPDC and the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) from selling its onshore asset to Renaissance, a Consortium made up of ND Western Aradel Energy, First E and P, Watersmith and Petrolin.
    The News Agency of Nigeria (NAN) reports that in the originating motion marked, FHC/ABJ/CS/413/2024, the company sought the restraining order pending the hearing and the determination of the appeal and cross appeal filed by the parties before the Supreme Court.
    The suit followed a protracted dispute over a Gas Processing Agreement (GPA) between the parties and the subsequent arbitration award that has become a subject of appeals.
    Global Gas, in the suit, is praying the court to issue interim orders preventing SPDC from divesting its assets and halting the NUPRC from approving the sale.
    The company argued that allowing the transaction to proceed would jeopardise its ability to enforce any favorable judgment or arbitration award, as the assets in question are integral to the dispute.
    Global Gas contends that the divestment would undermine the ongoing proceedings and render any eventual arbitration or judicial relief ineffectual.
    At the resumed proceedings, Ikwueto told Justice Ekwo that though the matter was earlier slated for report on out-of-court settlement, the reconciliation had broken down.
    He, therefore, prayed the court for a date to commence hearing and lawyers to Shell and NUPRC confirmed the development.
    Ikwueto also moved an application to join the Minister of Petroleum, who is President Bola Tinubu, as a defendant in the suit.
    Tony Odidia, who announced appearance for a party seeking to be joined in the suit, said their motion on notice had already been filed.
    Odidia, who represented Webster Global Ventures Limited, sought the leave of the court to move the application but it was discovered that NUPRC was yet to be served with the motion.
    After listening to the submissions of parties, Justice Ekwo adjourned till Feb. 19 for hearing of the applications for joinder and trial.
    NAN reports that Global Gas, in its affidavit in support of the application for joinder, argued that, by the provisions of the Petroleum Industry Act, 2021, the petroleum minister is in the administrative and supervisory capacity for divestment of any asset in the industry.
    It said the relief sought might occasion a restriction on the power of the minister to give consent for divestment of asset of the SPDC.

    The company added that except the minister of petroleum is joined in the suit, they cannot be bound by the order of the court.
    It further said that the joinder of the petroleum minister would avoid the risk of multiple litigation in which the same restraining order/grant of interim measure of protection is sought.

  • Ex-APGA Chair, Njoku, pledges to lead NRM to victory

    Ex-APGA Chair, Njoku, pledges to lead NRM to victory

     

    Chief Edozie Njoku, the newly elected National Chairman, National Rescue Movement (NRM), on Tuesday, promised to lead the party to victory come 2027 general elections.

    Njoku, who was the former National Chairman, All Progressives Grand Alliance (APGA), made the pledge during his inauguration as the NRM’s national chair in Abuja.

    (Chief Edozie Njoku during his inauguration as National Chairman of National Rescue Movement (NRM) at the party’s national secretariat on Tuesday in Abuja.)

    The News Agency of Nigeria (NAN) reports that the inauguration of Njoku and the party’s enlarged Executive Committee (EXCO) members, elected on Friday at an emergency national convention, was done at the national secretariat.
    “Today, a bigger platform has been delivered to us. Today is not a day of speech making, but a day of celebration,” he said.
    He assured party members of his resolve, with the support of his team, to deliver on his promise.
    Njoku pledged to improve on the party’s membership and reposition it to broaden its scope and make it attractive to be able to win elections across the country.
    He commended the immediate-past National Chairman of NRM, Amb. Isaac Udeh, for his sacrifice of electing to yield the party’s chairmanship to him.
    Njoku said that the gesture was a challenge to him and his team to positively impact the fortune of the party.
    Speaking before he formally stepped down, Udeh said the NRM leadership and members would, in the next few months, realise the reason for his decision.
    He added: “We should all know that the interest of the party supercedes any individual’s interest.
    “That is why I chose to pay that price and made that sacrifice to ensure that this party is repositioned to attain the height that is required of it to win elections in this country.”
    He said the desire to broaden the impact of the party informed why he chose to accept the lower position of the national organising secretary of the party to ensure the actualisation of the dreams of the party’s stakeholders.
    Udeh told the party members that he elected to step down and yield the leadership seat to Njoku as a sacrifice for the growth of the party.
    During the event, Udeh formally stepped down, handed the party’s flag and other paraphernalia of office to Njoku, while the party’s National Legal Adviser, Oladimeji Ekengba, administered the oath of office on him (Edozie).