NBA 2nd Vice President’s 2023 AGC Omitted Pre-NEC Report

PRE NEC, AUGUST 2023

[AGC – PRE-NEC REPORT 2023 OF 2ND VICE PRESIDENT]

TABLE OF CONTENTS

1. INTRODUCTION
2. BRANCH ACTIVITIES;
3. BWARI BRANCH ;
4. Report on the PUBLIC CAREER ASSUALT ON MAXWELL OPARA by the Department of State Security (DSS).
5. OBSERVATION AND CONCLUSION;

1. INTRODUCTION:

Within the period under review, I was not assigned any responsibility from the National Executive Council or National Executive Committee or the President as well as not mobilized to carry out the 2^nd Vice President’s oversight role on branches as enshrined in Section 9 (5) (c) of the NBA 2015 Constitution as amended in 2021, within the Northern Region which the 2^nd vice President has the exclusive zonal supervisory jurisdictional role to so perform.

The quarter under review witnessed activities of the Association such as courtesy visits to notable national formations/agencies and offices, visits to late Jurists and colleagues, as well as the NBA Section on legal Practice Conference (SLP) which held on the 16^th day of July through the 19^th day of Jul, 2023 within my region of supervision. Whilst the 2^nd Vice President was never invited to join in any of the courtesy visits reasons best known to the President and as the only National Officer that resides in Abuja with the President, the SLP organisers recognised my role and accorded me due recognition hence I participated in all the activities, and the conference was a huge success.

The period under review didn’t record many activities from the branches especially from the Northern Region, as I was not notified of any, except the letter that was addressed to the President, through the office of the chairman of Bwari Branch and copied to the office of the 2^nd Vice President. The said letter was written on behalf of Maxwell Opara Esq by the Deputy Head of Chambers, MAXWELL OPARA & ASSOCIATES, Mr. Anselem O. Oguguo Esq  dated the 19^th day of July, 2023 wherein it was alleged that the Department of State Security (DSS) assaulted, defamed and threatened the life of Mr. Maxwell Opara. The said letter was accompanied with about Six (6) annexures comprising of letters and Ruling/ Judgement of court of competent jurisdiction.

2. BWARI BRANCH REPORT; Maxwell Opara Tribulation in the hands of DSS.

On the 19^th day of July, 2023 I was copied a letter addressed to the President through the Chairman of Bwari Branch, the cradle Bar titled: DESPICABLE ABUSE OF OFFICE  AND POWER, RECKLESS AND DEFAMATORY STATEMENT, THREAT TO LIFE AND DEROGATORY/UNPROFESSIONAL COMMENT CAPABLE OF ENDANGERING PEACEFUL PRACTICE OF CARREER, DISREGARD TO CONSTITUTED AUTHORITY, CYBER BULLYING , INTIMIDATION BY YUSUF MAGAJI BICHI, THE DIRECTOR – GENERAL OF THE DEPARTMENT OD STATESECURITY SERVICE.

The said letter is herein attached for ease of reference.

The letter was as a result of a judgement obtained against the DSS in favour of his client Mr CHIDIEBERE  ECHEFU in a fundamental Right proceeding wherein the court ordered the DSS on the 11^th day of March, 2022 to release the client  with immediate effect , same judgement certified true copy was obtained and attached to a letter addressed to DSS to comply, the complainant said that same letter was disregarded with impunity, there was no appeal  to the judgement till date hence the client has been under custody of the DSS with flagrant disobedient to the order of court.

Same vain, in 2022, the said Maxwell was humiliated and assaulted by the DSS in their premises when he came to visit his clients’ MAZI NNAMDI KANU, he didn’t take laws into his hands, rather he filed another fundamental rights action before the court, got an order for DSS to apologise to him and pay him about Five Million Naira (N5, 000,000.00). The DSS received same order of court and refused to obey it.

The complainant, in other to sensitive the public about the rule of law and the consistent danger of disobedience to court order by the DSS and its implication to nation building, addressed press with fellow comrades in the advocates of human rights. The DSS went on rampage on their verified twitter handle to defame the character of Maxwell Opara by extension every lawyer in Nigeria, thus;

1.  Charge and bail, overzealous uninformed IPOB/ESN LAWYER……
2. A biafran republic agitator and outlawed IPOB Counsel defending the suspended CBN Governor……

The said twitter publication is herein attached for reference purposes and to appreciate the level of cyber bullying of the DSS against a member of the Northern Region of NBA and by extension a member of the biggest Bar Association in the world.

Maxwell Opara in his letter copied to me, solicited for NBA to come to his aid with following request;

1. To conduct a thorough and impartial investigation into the allegation of threat to life and harassment against the complainant, and those responsible to same be made to face the law.
2. To help alleviate the fear and vulnerability Maxwell Opara Esq. and his family are currently facing.

• To issue a public statement condemning any form of intimidation, threats, or violence against human rights defenders amongst lawyers and affirming the commitment of the DSS to upholding the rule of law and protecting fundamental human rights.

1. To treat the matter with utmost dispatch.
2. To protect the life of lawyers in the quest of fundamental rights and for them to feel sense of belonging with the leadership of the bar.

It is disheartening, discourages the spirit of followership to disregard such request which the complainant had informed me that we didn’t come to his aid as he has been left to fight his battle personally, thereby living in fear perpetually.

3. OBSERVATION/CONCLUSION ;

One of the cardinal responsibilities of every lawyer is to promote the rule of law and to serve as a harbinger of a just society. If some of us have chosen the part of being the voice that the society depends on for liberation and happiness, leadership must as a matter of necessity protect them.

The Nigerian Bar Association and this NEC should rise to protect such individuals in absence of the leadership of NBA standing up to their responsibilities. Our association constitution aims and objectives started with the word;

The maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria.

Have we kept to this tenet of the constitution?  

Maxwell Opara may just be one amongst many of our members (BAR) who has obtained judgements against State Apparatus for infringing on their rights in the course of discharging their legitimate legal practice.

This august gathering must rise to condemn same and energise the leadership to rise to the occasion in defence of members of this association and Nigerians in general as well as put machineries in place to engage the concerned agencies of government that have refused to regard our courts hence flagrant disobedience to court orders has been their new names. This should agitate the mind of the President, the national officers and the entire lawyers of good conscience, if we fail to correct this flagrant disobedience to court orders by our security agencies, we should not be proud to be called lawyers any more as well as accepting our failure to the society almighty bestowed on us to assist.

This NEC should empower the office of the Vice Presidents, especially the 2^nd Vice President in line with the provision of section 9 (5) (c) of the NBA constitution as amended in the event the President renege from same, and to make approval of logistics for the actualisation of such assignments for the members/NEC-AGM to be well abreast with the happenings in our NBA branches where the association derives its Legitimacy.

The office of the 2^nd Vice President, is always ready to assist the President in area of consultations with these security agencies, where they refuse to cooperate with the association, the 2^nd Vice President is always ready to take them on, with every just means towards respecting  the Bar and for the overall interest of the citizens of this country.

Thank you for finding me worthy to serve you all.

Clement Ugo Chukwuemeka