Believing that the recent releases in batches of what it
calls looters' lists violates constitutional tenets of fair hearing, due
process of the law and impugns the constitutional integrity of the Court system
in Nigeria in accordance with section 6 of the Nigerian constitution, the
prominent Civil rights body – 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, HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA in a media
statement by its National Coordinator Comrade Emmanuel Onwubiko and the
National Director of Media Miss Zainab Yusuf 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”.
HURIWA 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 just as 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”.
Section 6 (1) of the constitution
states as follows: “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.”
HURIWA 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 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; (d) 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.”
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