by Edith Nwapi
The Nigerian Bar Association ( NBA) has called for punitive actions against lawyers and judges involved in the issuance of conflicting orders in the Kano Emirate legal tussle.
The NBA said that the actions of lawyers and judges have brought utter disgrace and shame to the profession and have exposed the entire legal profession in Nigeria to public ridicule and opprobrium.
This is contained In a statement issued by NBA President, Yakubu Maikyau SAN on Wednesday in Abuja.
Maikyau vowed to drag any lawyer found culpable in the matter before the Legal Practitioners Disciplinary Committee LPDC for deserved appropriate sanctions.
The NBA urged the Chief Justices of the Federal High Court and his counterpart in the High Court of Kano State to identify the judicial officers involved and drag them before the National Judicial Council NJC for disciplinary action.
“I have keenly followed the developments on the recent events concerning the stool of the Emir of Kano.
“I must say, without any equivocation, that the conducts of counsel and the Courts in the handling of the proceedings which culminated in the orders issued by the Federal and State High Courts , in circus, have brought utter disgrace and shame to the profession – have exposed the entire legal profession in Nigeria to public ridicule and opprobrium.
“The damage is one that would take the legal profession a long time to recover from. It is unfortunate and was totally uncalled for.
“For a country whose legal resources and expertise have for several decades been exported and positively impacted not only the African continent but the world at large, it is completely unacceptable that the processes of our courts would be deployed in the manner we have witnessed in the last couple of days, on a subject matter that is as clear as chieftaincy dispute.
“This is a subject that has been sufficiently dealt with by legislations and case law, leaving no one confused about the jurisprudence on the subject – both procedural and substantive.
“Without prejudice to the subsisting actions before both the Federal High Court and the Kano State High Court, it is my considered view that there is urgent need to scrutinize the professional conducts of both Counsel and the Judges involved in these matters.
“This is to enable the relevant bodies or institutions determine their culpability or otherwise, from an ethical and professional standpoint.
“I therefore call on the respective heads of the Courts of the Judges concerned, to take immediate steps to look into their conducts with the view to finding any possible abuse of their judicial offices and file a report with the National Judicial Council for necessary action.
“The NBA on the other hand will investigate the conducts of the counsel involved in these cases and shall not hesitate to commence disciplinary action against them before the Legal Practitioners Disciplinary
Committee, should there be any finding of alleged professional misconduct against them.
“The Chairman of the NBA Ethics and Disciplinary Committee has accordingly been directed to invite these counsel for preliminary investigations.
“While the NBA shall continue to stand for and protect the integrity, welfare, and independence of the Bar and the Judiciary, we shall not hesitate to call out any Judge or counsel, who engages in any professional misconduct.
“We have consistently maintained that the institution of the Judiciary must be guarded jealously by all (both within and outside the legal profession) including the other arms of Government (Executive and Legislature), because the existence, peace, growth, development of any nation is intricately
connected with the primary responsibility of the judiciary which is the dispensation of Justice.
“Sheikh Othman DanFodiyo was reported to have said – “a people can exist without religion but they cannot exist without justice”.
“Let us quit being religious as a people and begin to search for God and Justice for the people, in order to attain the peace we must all desire for the benefit of our nation.
“The legal profession as a whole (Bench and Bar) must at all times, resist any attempt to
compromise its independence, as when this is allowed, we will fail in our noble call and assignment of providing direction to the people and advancing the cause of our nation within the confines of the rule of law.
“The respect in which the legal profession in any country is held, is the best indicator of the freedom enjoyed by that country. We must therefore bring erring members of the profession to book to regain the respect we must have to lead Nigeria to its pride of place in the comity of nations”, the statement said.
News Agency of Nigeria (NAN) reports that Justice S.A A.obeda of a Federal high court in Kano had issued an interim order for the eviction of Emir Muhammadu Sanusi II from the Kofar Kudu Palace.
This reinforced the authority of the 15th Emir of Kano, Aminu Bayero.
Also another high court in Kano presided over by Justice Amina Aliyu issued an injunction to protect Sanusi 11and others from harassment by the state authorities.
This conflicting orders have led to confusion regarding the rightful authority protection of the Kano Emirate..
NAN reports that the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has summoned the Chief Judges of the Federal High Court and the Kano State High Court in response to the recent legal turmoil surrounding the Kano Emirate. (NAN)
