The Nigerian Bar Association (NBA) has fired a query at Mr.
Aliyu Umar (SAN), the prosecutor of the suspended Chief Justice of
Nigeria (CJN), Justice Walter Onnoghen in the ongoing trial at the
Code of Conduct Tribunal (CCT) for taking up the brief according to
Nation reports
The association accuses Umar of professional misconduct for
accepting the brief.
It says the senior lawyer’s action contravenes Rule 15 (3) (a)
(b) and (c) jointly or severally of the Rules of professional
conduct for legal practitioners.
The query is now generating bad blood in the Bar along
North-South divide following an alleged secret move to de-robe and
delist Umar as a lawyer because the NBA demanded a copy of his Call
to Bar Certificate.
Some lawyers from the North are threatening to fight back on
Umar’s behalf.
The SAN himself has replied back at the NBA leadership
The NBA, in the February 12, 2019 query signed by its General
Secretary, Gunu Taidi, directed Umar to respond to the allegation
of professional misconduct against him.
It said: “We received a petition against you and hereby forward
a copy for your response within twenty one (21) days.
“Your response should be in three (3) copies accompanied by a
witness statement of your good self sworn before a Magistrate
Court, High Court, National Industrial Court or Federal High Court
in addition to the sworn witness statement of any witness (es) you
may wish to call during the hearing of the petition and attach
passport photos of the respective witness (es).
“Please state your full name, Supreme Court enrolment number,
contact address, phone number and email address in your response
and attach a copy of your Call to Bar Certificate.
“The response should be addressed to: The General Secretary
Nigerian Bar Association, National Secretariat, Plot 1101 Cadastral
Zone A00 Central Business District Abuja.
“Please take note that your response may be forwarded to the
petitioner for his/her reply or reaction to your defence.
“Further note that a Panel may dispense with the hearing of the
parties to a petition if in its opinion, a prima facie case has not
been made out against the Respondent in reliance on the documents
before it:
(A) Where a Panel finds that a prima facie case has
been made out against a Respondent in reliance on the documents
before it, it must expressly state so with or without giving a
detailed reason of the basis of its decision.
(B) Where a Panel finds that a prima fade case
has not been made out against a Respondent in reliance on the
documents before it or based on evidence led before it, it shall
dismiss the petition with or without giving a detailed reason of
the basis of its decision.
“For further enquiries, please place a call through to the NBA
Disciplinary Hotline 07080932564 or email us
on legal@nigerianbar.org.ng
The NBA premised the query on a January 15, 2019 petition by
another lawyer Mr. Onyeamaechi Bob James.
James, in the petition through the law firm of Bob James and Co
said: “We are constrained to petition your office against Mr. Aliyu
Umar (SAN) for conduct which violates Rule 15 (3) (a) (b) and (c)
jointly or severally of the Rules of professional conduct for legal
practitioners. TH ACTS
“Mr. Aliyu Umar (SAN) is prosecuting counsel in the case of FRN
(Federal Republic of Nigeria) vs. Justice Walter Onnoghen in the
Code of Conduct Tribunal Abuja. Justice Walter Onnoghen. GCON
is Chief Justice of Nigeria. He is being prosecuted in the tribunal
on a six-count charge.
“In Nganjiwa vs. FRN, the Court of Appeal held that a
prosecution cannot be commenced against a serving judicial officer
who is subject to the disciplinary powers of the NJC unless the NJC
has first considered the facts or circumstances that form the
subject matter of the proposed prosecution. That is the position of
the law in Nigeria today until set aside by the Supreme Court.
“Relying on that law, the Code of Conduct Tribunal in 2018 in an
earlier case involving Hon Justice Ngwuta struck out the charges
then pending against him.
“By order 15 (3) (c), a lawyer shall not “Knowingly advance a
claim or defence that is unwarranted under existing law”, but he
may advance such argument or defence ‘if it can be supported by
argument in good faith for an extension, modification or reversal
of existing law. “
“Mr. Aliyu in prosecuting the CJN in the Code of Conduct
Tribunal is knowingly prosecuting a case that was dead on arrival,
and it cannot be said that he probably intended a modification or
reversal of existing law because the Code of Conduct Tribunal being
inferior to the Court of Appeal cannot modify or reverse the court
of appeal’s decision in Nganjiwa.
“Clearly, the conduct of the learned silk brings the legal
profession into disrepute. It is a precedent that if allowed will
encourage lawyers nationwide to embark on litigation that will
serve to subvert legal institutions and make mockery of the
litigation process.
“If Mr. Aliyu Umar gets away with this act, a lawyer in Abia can
collect money from a man based in Kano who is claiming land located
in Kano from another man based in Kano to file a suit for
declaration of title in Umuahia High Court. Junior lawyers will
start collecting money from clients to file cases that, in the
language of rule 14 (2) (e) are ‘hopeless”, which is nothing but
obtaining money by false pretences, and the mass media will become
awash with stories of lawyers being a profession of 419 people.
“I urge you sir to use your good offices to cause a detailed
investigation to be made into the role of Mr. Aliyu Umar (SAN) in
this matter.”
It’s an inspired petition, says Umar
However, Umar in his response dated March 5, 2019 said the
petition was ‘inspired’.
His words: “Please refer to your letter concerning the above
petition, which you attached to your letter to me. Having studied
your said letter dated 12th February, 2019 and the petition dated
15th January, 2019, I wish to make the following observations. (But
I don’t intend to respond to your letter or the Petition for now
until the Prosecution I am doing has been determined by the
Tribunal).
“(A) Mr. Honourable Secretary on 4th January, 2019 there was
team of lawyers on behalf of the NBA. Claiming to be holding its
brief and the association have been at the Tribunal on any day of
its sitting, diligently observing the proceedings. So your inspired
petition has no basis as the charge is still alive and was not
“dead on arrival”.
“(b) In your letter you stated that “a Panel may dispense with
the hearing of the parties to a petition if in its opinion, a prima
facie case has not been made out against the Respondent in reliance
on the documents before it”. This clearly established that, you
have documents in your possession which you did not make available
to me.
“(c) Solicitors and Advocates of the Supreme Court of Nigeria
have been accepting briefs to either defend or prosecute Defendants
in criminal cases, and this is to the knowledge of the NBA. But,
there was never a time when an attempt was made to intimidate the
counsel by an inspired petition.
“You may or deliberately refused to remember the Prosecution of
the Senate President and two former Chiefs of Air Staff, and
Honourable Farouk Lawan which are pending or unsuccessfully
conducted.
“If I may venture to add, a prosecutor’s conduct can only be
found unethical after conclusion of a case but depending only on
how he conducts himself or the prosecution of the case.
“Your haste to find a person who will petition against me shows
the bias of my association at this point in time. And if I may say,
the association is supposed to protect/ discipline members
irrespective of geographic locations or any other bias.
“My certificate of Call to Bar is far away and I cannot now fish
it out. I need time to do that, I will not be distracted.
“My intention in this matter is to present the facts as
investigated to enable the tribunal come to a just conclusion.
“It is in the interest of the association, the Judiciary and the
legal profession as a whole that the public do not perceive
conspiracy by the legal profession simply because one of our own is
a defendant.
“For the reasons above, I do not wish to put in any response. I
hope my association will wait until I have completed the
prosecution, then you can charge me with anything you want. I will
then have a lot of things to say.”
A Senior Advocate of Nigeria, who spoke in confidence, said:
“The NBA must watch it to avoid splitting this association along
North-South divide. Some lawyers from the North are unhappy and
they are also threatening showdown if anything happens to Umar.
“The NBA cannot afford to return to the crisis of the 1990
during Priscilla Kuye’s tenure. We should allow the law to run its
full course to save the bench and the bar.
“I think the bar should not join this fray at all other than
being a peacemaker.”
The CJN is facing a six-count trial at the Code of Conduct
Tribunal (CCT).for allegedly not declaring some of his assets,
Although Onnoghen initially refused to appear before the
tribunal, a bench warrant was later issued by the Chairman of CCT
Mr. Danladi Umar.
Following Onnoghen’s appearance, the CCT chairman revoked the
bench warrant and adjourned the trial to March 11.
But ahead of the resumption of the case, NBA has decided to
probe some allegations against the prosecutor, Mr. Umar Aliyu (SAN)
who was hired by the Federal Government.
Culled from The Nation
Read more onnoghens-trial-tension-as-nba-queries-prosecuting-san-may-impose-sanctions/