The Human Rights Writers Association of Nigeria (HURIWA) has
resolved to petition the Nigerian Bar Association to begin the
process of disbarring the duo of Alhaji Lai Mohammed, the
information minister and Alhaji Abubakar Malami (SAN) the federal
Attorney General from practicing as lawyers in Nigeria.
Rising from its emergency executive committee’s meeting in
Owerri, Imo State, HURIWA stated that the action of listing persons
whose cases are in courts as if they are already convicted does not
just violate section 36 (5), which is the constitutional plank of
fair hearing but has rubbished the credibility and integrity of the
judicial arm of government and graphically depicted Nigeria to the
rest of the civilized world as a “banana Republic”.
Confirming the position, the National Coordinator Comrade,
Emmanuel Onwubiko affirmed that the systematic undermining of the
integrity of the judicial institution which the releases of the
looters’ lists constitute, becomes even more disturbing when it is
clear that both the number one law officer and Attorney General of
the federation and the minister of information being lawyers have
seriously committed serial professional misconducts which are even
frowned against by the extant professional ethical codes of conduct
which is a statutory law of the federation of Nigeria.
The Rights group said it has already drafted a petition to the
hierarchy of the Nigerian Bar Association asking it to
professionally disbar the duo.
“We are of the firm beliefs that the duo of Lai Mohammed and
Malami who have decidedly rubbished the legal profession and
lampooned the constitution should be barred from ever practicing
unless and except the Nigerian Bar Association has become an all
comers’ affair whereby professional rascality is tolerated.
‘‘We believe that the duo as cabinet ministers who are both
lawyers ought to have known the weight of allowing such outrageous
violation of naming as criminals, persons who in the eyes of the
Law are deemed innocent until contrary proofs are adopted and
determined by competent courts of the law must be sanctioned in the
severest of ways in line with extant professional codes.’’
Speaking further, the National Director of Media, Miss Zainab
Yusuf, quoted Section 6 (1) of the constitution as saying: “The
judicial powers of the federation shall be vested in the courts to
which this section relates, being courts established for the
federation.”
Section 36 (5) of the constitution which guarantees fair hearing
to all litigants states as follows: “Every person who is charged
with a criminal offence shall be presumed to be innocent until he
is proved guilty, provided that nothing in this section shall
invalidate any law by reason only that the law imposes upon any
such person the burden of proving particular facts.
“It is our firm belief that the minister of information who
directly published the damaging lists of looters and the justice
minister who kept calm in the face of this professional misconduct
by the information minister of the same government are guilty of
professional misconducts covered under the legal practitioners’
Act.”
The group argued that by rushing to persecute certain persons as
looters even when the federal government being the prosecutor has
not successfully obtained conviction violates Article 3 (a) and (d)
of the legal practitioners Act; chapter 207, laws of the federation
of Nigeria which states thus: “(a) during the trial, the lawyer
should always display a dignified and respectful attitude towards
the judge presiding, not for the sake of his person, but for
maintenance of respect for and confidence in the judicial
office.
It contended that it is both the right and duty of the lawyer
fully and properly to present his client’s case and to insist on an
opportunity to do so.
‘‘He should vigorously present all proper arguments against any
ruling he deems erroneous and should see to it that a complete and
accurate case record is made. In this regard, he should not be
deterred by any fear of judicial displeasure or even
punishment.
‘‘In no circumstances should the lawyer reveal the confidences
of his client; a lawyer ought not to engage in the exchange of
banter personalities, argument or controversy with opposing
counsel. His objections, requests and observations should in every
case be addressed to the judge presiding.”
The Rights group said the disclosure by information minister
approved by the Justice minister listing out litigants as looters
also violates Article 4 (b) of the legal practitioners Act which
states as follows: “It is not candid or fair for the lawyer
knowingly to misquote the contents of a paper, the testimony of a
witness, the language or the argument of opposing counsel, or the
language of a decision or a textbook; or with knowledge of its
invalidity, to cite as authority a decision that has been
over-ruled, or a statute that has been repealed; or in argument to
assert as a fact that which has not been proved, or in those
jurisdictions where a side has the opening and closing arguments,
to mislead his opponent by concealing or withholding in his opening
argument positions upon which his side intends to rely.”
HURIWA also pointed out that the duo in publishing the lists of
looters are in breach of Article 27 of the legal practitioners Act
which averred that: “Newspaper comment by a lawyer on pending or
anticipated litigation may interfere with a fair trial in the
Courts and otherwise prejudice the due administration of justice.
It is to be avoided save in exceptional circumstances. A particular
case may possibly justify a statement to the public, but it is
unprofessional to make it anonymously. An ex parte reference to the
facts should not go beyond quotation from the records and papers on
file in the court, and is better avoided entirely.”
The Human Rights Writers Association of Nigeria (HURIWA) has
resolved to petition the Nigerian Bar Association to begin the
process of disbarring the duo of Alhaji Lai Mohammed, the
information minister and Alhaji Abubakar Malami (SAN) the federal
Attorney General from practicing as lawyers in Nigeria.
Rising from its emergency executive committee’s meeting in
Owerri, Imo State, HURIWA stated that the action of listing persons
whose cases are in courts as if they are already convicted does not
just violate section 36 (5), which is the constitutional plank of
fair hearing but has rubbished the credibility and integrity of the
judicial arm of government and graphically depicted Nigeria to the
rest of the civilized world as a “banana Republic”.
Confirming the position, the National Coordinator Comrade,
Emmanuel Onwubiko affirmed that the systematic undermining of the
integrity of the judicial institution which the releases of the
looters’ lists constitute, becomes even more disturbing when it is
clear that both the number one law officer and Attorney General of
the federation and the minister of information being lawyers have
seriously committed serial professional misconducts which are even
frowned against by the extant professional ethical codes of conduct
which is a statutory law of the federation of Nigeria.
The Rights group said it has already drafted a petition to the
hierarchy of the Nigerian Bar Association asking it to
professionally disbar the duo.
“We are of the firm beliefs that the duo of Lai Mohammed and
Malami who have decidedly rubbished the legal profession and
lampooned the constitution should be barred from ever practicing
unless and except the Nigerian Bar Association has become an all
comers’ affair whereby professional rascality is tolerated.
‘‘We believe that the duo as cabinet ministers who are both
lawyers ought to have known the weight of allowing such outrageous
violation of naming as criminals, persons who in the eyes of the
Law are deemed innocent until contrary proofs are adopted and
determined by competent courts of the law must be sanctioned in the
severest of ways in line with extant professional codes.’’
Speaking further, the National Director of Media, Miss Zainab
Yusuf, quoted Section 6 (1) of the constitution as saying: “The
judicial powers of the federation shall be vested in the courts to
which this section relates, being courts established for the
federation.”
Section 36 (5) of the constitution which guarantees fair hearing
to all litigants states as follows: “Every person who is charged
with a criminal offence shall be presumed to be innocent until he
is proved guilty, provided that nothing in this section shall
invalidate any law by reason only that the law imposes upon any
such person the burden of proving particular facts.
“It is our firm belief that the minister of information who
directly published the damaging lists of looters and the justice
minister who kept calm in the face of this professional misconduct
by the information minister of the same government are guilty of
professional misconducts covered under the legal practitioners’
Act.”
The group argued that by rushing to persecute certain persons as
looters even when the federal government being the prosecutor has
not successfully obtained conviction violates Article 3 (a) and (d)
of the legal practitioners Act; chapter 207, laws of the federation
of Nigeria which states thus: “(a) during the trial, the lawyer
should always display a dignified and respectful attitude towards
the judge presiding, not for the sake of his person, but for
maintenance of respect for and confidence in the judicial
office.
It contended that it is both the right and duty of the lawyer
fully and properly to present his client’s case and to insist on an
opportunity to do so.
‘‘He should vigorously present all proper arguments against any
ruling he deems erroneous and should see to it that a complete and
accurate case record is made. In this regard, he should not be
deterred by any fear of judicial displeasure or even
punishment.
‘‘In no circumstances should the lawyer reveal the confidences
of his client; a lawyer ought not to engage in the exchange of
banter personalities, argument or controversy with opposing
counsel. His objections, requests and observations should in every
case be addressed to the judge presiding.”
The Rights group said the disclosure by information minister
approved by the Justice minister listing out litigants as looters
also violates Article 4 (b) of the legal practitioners Act which
states as follows: “It is not candid or fair for the lawyer
knowingly to misquote the contents of a paper, the testimony of a
witness, the language or the argument of opposing counsel, or the
language of a decision or a textbook; or with knowledge of its
invalidity, to cite as authority a decision that has been
over-ruled, or a statute that has been repealed; or in argument to
assert as a fact that which has not been proved, or in those
jurisdictions where a side has the opening and closing arguments,
to mislead his opponent by concealing or withholding in his opening
argument positions upon which his side intends to rely.”
HURIWA also pointed out that the duo in publishing the lists of
looters are in breach of Article 27 of the legal practitioners Act
which averred that: “Newspaper comment by a lawyer on pending or
anticipated litigation may interfere with a fair trial in the
Courts and otherwise prejudice the due administration of justice.
It is to be avoided save in exceptional circumstances. A particular
case may possibly justify a statement to the public, but it is
unprofessional to make it anonymously. An ex parte reference to the
facts should not go beyond quotation from the records and papers on
file in the court, and is better avoided entirely.”
Read more https://nairalaw.com/looters-lists-rights-group-urges-nba-to-disbar-lai-mohammed-agf/