Volume 8 No. 2, 2017 ISSN: 0794 - 926X An Examination of the Powers to Impose and Collect Consumption Taxes in Nigeria Confronting Impunity in Nigeria: The Role of the Lawyer An Appraisal of the Legal Framework Regulating Response to Disaster in Nigeria Law and Corporate Social Responsibility as Dispute Avoidance Mechanism in Nigeria: An Examination of Shell Petroleum Development Company of Nigeria Limited Utilitarian Justification of Disclosure and Medical Negligence: Strategies and Recommendations for Nigeria The Jurisprudential Impact of the Concept of Separate Legal Personality in a Developing Economy: Nigeria in Perspective The Protection of Children's Participatory Right in the Nigerian Child Rights Act 2003: A view through the Lens of the South African Children's Act 2005 : ‘The Independent National Electoral Commission and Cyber Attacks in Nigeria: Lessons from Selected Countries An Appraisal of Wife Battery as Human Rights Violation and Criminal Offence in Nigeria A Critique of the Institutionalisation of Plea Bargain as a Prosecutorial Weapon in the Administration of Criminal Justice in Nigeria Holding Banks accountable for Money Laundering in Nigeria: An Appraisal of the Legal Regime Newman U. Richards Akinola O. Bukola Inori Comfort Oga Ayinla, L.A. Amadi, AM. Dr Florence Edelokun lyasere Dr. Eseni A Udu Aisosa Jennifer Isokpan Eunice OdufaErhagbe ‘Mu'azu Abdullahi Saulawa Mohammed Amin Umar, Danlami G, Hassan & A.D, Rufai Muinat T. Abdulgani & Abigail B. Kahuwai ‘Yusuf Usman Liman A Publication of the Faculty of Law, Ebonyi State University, Abakaliki, NigeriaEBONYI STATE UNIVERSITY LAW JOURNAL Volume 8 No. 2, 2017 ISSN: 0794 - 926X An Examination(of the Powers to Impose and Collect Consumption Taxes in Nigeria Confronting Impunity in Nigeria: The Role of the Lawyer An Appraisal of the Legal Framework Regulating Response to Disaster in Nigeria Law and Corporate Social Responsibility as Dispute Avoidance Mechanism in Nigeria; An Examination of Shell Petroleum Development Company of Nigeria Limited Utilitarian Justification of Disclosure and Medical Negligence: Strategies and Recommendations for Nigeria ‘The Jurisprudential Impact of the Concept of Separate Legal Personality in a Developing Economy: Nigeria in Perspective ‘The Protection of Children's Participatory Right in the Nigerian Child Rights Act 2003: view through the Lens of the South African Children’s Act 2005 ‘The Independent National Electoral Commission and Cyber Attacks in Nigeria: Lessons from Selected Countries An Appraisal of Wife Battery as Human Rights Violation and Criminal Offence in Nigeria [A Critique of the Institutionalisation of Plea Bargain as a Prosecutorial ‘Weapon in the Administration of Criminal Justice in Nigeria Holding Banks aceountable for Money Laundering in Nigeria: An Appraisal of the Legal Regime Newman U, Richards Akinola 0. Bukola Inori Comfort Oga Ayinla, L.A. ‘Amadi, A.M. Dr Florence Edelokun ly Dr Eseni A Udu Aisosa Jennifer Isokpan Eunice OdufaErhagbe Mu'azu Abdullahi Saulav Mohammed Amin Umar, Danlami G, Hassan &. A.D, Rufai Muinat T, Abdulgani & Abigail B. Kahywai ‘Yusuf Usman A Publication of the Faculty of Law, Ebonyi State University, Abakaliki, Nigeriasi i ci incae ¥ 14 Confronting Impunity in Nigeria: The Role of the Lawyer Akinola O. Bukola’ Abstract This paper responds to the need to curb impunity at the Bar, the Bench and the Nigerian society at large. The paper analyses the meaning of a lawyer, the rule of law and the role of the lawyer in leading the campaign against impunity within the Bar and the Bench. The paper further examines the role of the lawyer towards curbing impunity in Nigeria and sustenance of the tenets of rule of law between the governed and the citizenry. It also serutinizes conducts deemed to be acts of impunity at the Bar, the Bench and the society at large in Nigeria, At the end, the paper makes recommendations towards taming the monster of impunity bedeviling democracy in Nigeria. Keywords: Impurity, Nigeria, Role, Lawyer. 1. Introduction Although, the topic of this paper appears wide, it is pertinent to narrow its discourse to the legal profession before venturing to appreciate the role of the profession in curbing the menace of impunity traversing the four corners of our land. The Oxford Advanced Learner's Dictionary did not define the word ‘impunity’, rather, it describes it thus: if a person does something bad with impunity, they do not get punished for what they have done.' In the same vein, the Black’s LawsDictionary defines impunity to mean: An exemption or protection from punishment.” Permit me to define impunity as exemption from punishment or harm. Itis simply immunity from an obligation or duty, It is apposite to 100k inwards in the course of preparing a paper of this nature. The pertinent question at this juncture is: who is a lawyer? The Black's Law Dictionary‘defines a lawyer as one who is licensed to practice law.’The above definition is a compass to navigate who the lawyer is, among lawyers are the lawmakers. law administrators, Jaw interpreters, law teachers, members of law enforcement agencies but are there lawbreakers? A lawyer is learned as it is said in the general parlance. Rule | of the Rules of Professional Conduct for Legal Practitioners 2007 made by the General Council of the Bar pursuant to their powers under section | of 0. B. Akinola PHD, A Augustine Nnamani Campus, Agbani, Eni ala pwsehowl, ‘Oxford Advanced Learner's Dictionary, Special Price Edition, P. 602 Black's Law Dictionary, 8" Edition, P. 2215 Gamer, B. Black's Law Dictionary, (Thomson West 9"edn 2009) 968 hid. ps 2826 HOD, Department of Professional Ethics and Skills, Niger State, Nigeria, Email15, the Legal Practitioners Act 2004 confers a duty on a lawyer to uphold the rule of law The cardinal poser in this instance is: what is rule of law? The rule of law is simply the absence of impunity. We should appreciate the fact that any form of abuse negates the tenet of rule of law. A lawyer's license is to uphold the law notwithstanding whose ox is gored. He has the sacred duty from God to ensure law and order in the society in any lawful form. To my mind, a lawyer is not only the social engineer to ensure a systemic Societal balance but he is the soul of the society. In the most recent time, the special political imbrogtio of the inconclusive Kogi State gubernatorial elections held ‘on the 2)" of November, 2015 immediately threw up a challenge in which the whole world looks up to the Nigerian Bar and Bench for succour out of the present political quagmire. ‘The lawyer is forever relevant as long as there is a society In furtherance of the above, the United Nations, in the report of the Secretary General to the Seeurity Council on the Rule of Law and Transitional justice. defines rule of [aw as follows The “Rule of Law” is a concept at the very heatt of the United Natio Orgunisation’s mission. It refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are Consistent with international human rights norms and standards. It * Tequites, as well measures to ensure adherence to the principles of Supremacy of law, equality before the law, accountability to the law, faimess in the application of the law. separation of powers Participation in decision — making, legal certainty, avoidance of arbitrariness and procedural and legal transpareney.° To my mind, this definition seems all encompassing. it is a summation of what learned 2yes should not only peruse but feed deep into the bowels of the society. It is either rule of law or nothing. A lawyer is destined to fight the rule of force and uphold the rule of aw. Itis sad to note that our law enforcement agencies and in particular, the men of the Nigerian Police seems culpable in this wise, On a daily basis. citizens witness some men in uniform extorting money from them with little or no sanctions mete out to them Impunity is distasteful and lawyers should be in the forefront of using every lawful means © reduce or eradicate acts of impunity in Nigeria. Having painted a picture of what is Mmpunity. this paper will ask salient questions with respect to impunity at the bar, the yench and then, the Nigerian society. The paper will also suggest ways in which the Jemonic act of impunity can be sent to the swine whose habitation is outside the borders AF mankind. Impunity tramples upon the law and justice. It erodes the concept of sunishment in our criminal justice system. Rule 1 of the Rules of Professional Conduct for Legal Practitioners 2007 ‘eport hy the UN Secretary General: The rule of kaw and transitional justice in confit and wst-contlict sovieties available at wu ipongésplz accessed 17 Seplember 20416 2. What constitutes Impunity? Impunity is not an opportunity to pursue ungodly wealth. Rather, it is the praise singing of the sacred cow with more rewarding milk instead of a flogging rod. Impunity is it chains. One impunity begets another and the rat race continues without a prize in sight The pertinent question for us in this discourse is whether we condemn or condon impinity? A lawyer who assists on frustrating the execution of a valid judgment of court is condoning impunity and is not discharging the duty which he swore to uphold upon being called to the Bar by the Body of Benchers, ‘Similarly, an order of perpetual injunction t restrain a client from being arrested and prosecuted for alleged crime smacks of impunity it should not be condoned. InAjudua v A.G. Federation, “the plaimiff was already standing trial in case Ne 1D/41c/2003 pending before the Ikeja Division of the Lagos State High Court:The tia court delivered some unfavourable rulings to different applications meant to stall the trial in the course of that case and the Plaintiff appealed to the Court of Appeal. Based on his appeal, he filed before that court a Motion on Notice seeking for an order of stay of proceedings pending the determination of his appeal. While that matter was pending. the National Assembly enacted a new law dealing with the second defendant and economic crimes. The part of the new law in contention underseetion 40 of the Economic and Financial Crimes Commission (Establishment) Act 2004 states as follows: Subject to the provisions of the Constitution of the Federal Republic of Nigeria 1999, an application for stay of proceedings, in respect of any criminal matter brought by the commission before the High Court shall not be entertaimed until judgment is delivered by the High Court.” Legislation should not be amended to forestall the ends of justice. It is permissible to Clegislation as a result of the decision of a court or in order to fill a noticeable lacuna observed in the legiskition. Practices where indefinite stay of proceedings is filed to jeopardize the flow of a judicial process amount to abuse of judicial process. Legislation should not be «tool for frustrate the essence of justice. This is because justice must not only be done, but must be seen to have been done. It is apposite to note that it was the previous abuse of stay of proceedings in legal practice by counsel and litigants that necessitated this legislative intervention. ena sl fhe Money Laundering (Prohibition) Act 2011 places a duty on designated financial stitutions and non-finaneial institutions to undertake customer due diligent measures ‘wed at preventing money laundering and terrorism financing within and outside the ation of statute by virtue of seetion 3 of the Legal Practitioners Act LEN sancial Crimes Commission Act of 2004ores of Nigeria.'" The Act also prescribes penalties for contravening the provisions of : Act'! While the lawyer is protected under the confidentiality privileges of the orney — client relationship, he should ensure that his legal practice is not a conduit pipe money laundering against the spirit and levers of section 192 of the Evidence Act IL and Rule 19 of the Rules of Professional Conduct for Legal Practitioners 2007. The wyer shall not invoke the right of the client to privacy as guaranteed by section 37 of > 1999 constitution as a defence for crime. It should be noted that none of these ovisions condone criminality or illegal partnership with the clierit to launder money ther within or outside the shores of the country. A lawyer should be an epitome of spect for the enhancement of rule of law. In essence, the lawyer should not be a tool for rian polity. The lawyer should be guided by al Practitioners 2007 on @ promotion of impunity within the Ni © intent of Rule | of the Rules of Professional Conduct for Leg: e need to adhere to and promote the rule of law should be noted that blatant abuse of court process constitutes impunity, A cause of tion for abuse of process may lie in situations where a criminal proceeding is brough tainst a defendant for improper motives. Abuse of court process is occasioned mostly here there is an abuse of the judicial process for seeking a remedy to a wrongful wnduct, This entails a situation where litigants and their advocates pursue cases aliciously despite the fact that they are convinced their actions have no basis in law h a feat may also be occasioned where lawyers engage in champertous actions ilculated to annoy, irritate or delay in order to deny a judgment debtor the fruits of his idgment or to render the judgment nugatory. A lawyer who pursues such a course of n ig also aware there is no basis for filing such frivolous action in court, The lawyer rould desist from such conduct in order for the society to meet the ends of justice. urthermore, the court process is patently abused where notorious criminals with the sistance of their lawyers obtain court immunity to restrain the police or other special rosecutors from investigating or prosecuting them. frivolous election petitions by litical big wigs, the filing of cases aimlessly which lack any merit but done to place a log in the wheel of justice, the use of the appeal process as delay tactics and the onnivance of members of the bench who misapply their judicial powers with obtuse isregard for the rule of law «Is there impunity in the Nigerian Society? ‘oday. Nigeria as a nation yearns for orderliness and good governance. Since the return f democratic rule in 1999, it is my view that we must commend the Bar and the Bench is 6 and 10 of the Money Laundering (Prohibition) Act, No. 11 2011 (Prohibition) (Amendment) Act 2012 which amends section [1 of thy 18. financial instiution or Seetiv Seetion 7 of Money Launder foney Laundering (Prohibition) Act, No. 11 2011, For instance, any per orporate boxdy that contravenes the provisions of section 11 of the 2011 Act shall be Tiable to a term of nprisonment not less than 2 years and not more than 5 years. The punishment could also be a fine of ne ss than N10, 000, 000 (Ten million naira) but not more than N50, 000, 000 (Fitty million naira) fofor deepening the culture society, The judiciary has In furtherance of the above, itis apposite to ask within the ambit of environmental ka Cielo ean Protected and safe for human habitation? If safe, how safe? Are thy Violations of our environmental laws bya multinationals? Itis the duty of the lawyer cheek the excesses of both the multinationals and the host communities, This can achieved through a process of transparent advocacy on behall of the heey communiti and the multinationals. The Nigerian lawyer should be at fore-front of advocacy { climate change for Sustainable development. {n appraising the current trend of terrorism in Nigeria, some quarters have argued that was because of the manner in which the Late Yusuf. Mohammed was extra judicial murdered by the law enforcement agents that culminated in the resultant destruction « lives and properties by members of the radical terror group.'"Though, the reason for t1 current cumage to my mind is beyond the above, the Possibility that an act of impum breeds several ucts of lanvlessness seems justifiable. A just society thrives’ on soci, justice Jn scathing 1967 satire.'* Noam Chomsky in his article quoted Dw ight Macdonald i bis Dublished series of articles in Politics on the responsibility “or peoples. anc specifically. the responsibility of intellectuals, took the American intellectual communit to task on what he refers to as its moral duplicity and culpable silence in the face « wrocities committed in foreign lands by the American authoriti s.'* Chomsky specificall condemned the apparently permissive silence of American intellectuals and she seemin probareainess (© condone American's morally questionable involvement in Vietnan (1958) and Cuba (1961) bay of Pig's incident as well as terror bombings of Hiroshim: and Nasasaki (1945). He opined that “the responsibility: of intellectuals is to insist upo1 the truth”. to serve as the moral conscience of the nation, the beacon oF fi often plagued by ht ina work uk atrocities.'® {n the light of the above, the Nigerian lawyer must not keep quiet in the fuee of gros: Ty cunts, We are the pace setters for other intellectuals, We are perennially. il “vetimeng: we are in the Bar, in the Bench, in the tertiary institutiotis, in th. Sse (He legislative houses, in the executive arm of government. Today. i havyer § Darive (2007) 8 MISC 140, Inakoju v Adeteke (2007) 1 $C (PL. 1) 1 and » (7 061 (2003) 5 NWLR (PL 102) 188 where the court nullified impeuchnem itary to the provision of the 1999 Constitution Boko Haram sect in Nigeria 223. hum accessed on 12 September, 2016 Responsibility of Intellectuals by Noam ChomskyThe New York «pion in Nigeria: Role of the Law Teachers.” Proceedings of the do Py. 303. 408 renee en ean19 Vice-President of the Federal Republic of Nigeria."” I think Tam safe to say: we are stywhere. The various human rights protection instruments'* have made it simpler and ‘sible for us to legally enforce rights and protect the entire citizenry, We must ntinually ask the pertinent question: where have we erred? 2 answer seems not to be farfetched: we have erred or permit the author to say. we are ing in our fuilure to uphold the spirit and letters of the Rules of Professional Conduct Legal Practitioners 2007 made for us and by us through our voice(s) in the General uncil of the Bar. The recent decisions of the Supreme Court in Aladejobi v. Nigerian 1 Association? and Akintokun v> Legal Practitioners Disciplinary Committee erein the Supreme Court with due respect directed that appellate powers be given to a a-existent Appeal Committee of the Body of Benchers leaves much to be desired.”'In ect. a lawyer indicted by the Legal Practitioners Disciplinary Committee (LPDC) can ictice for as long as the Appeal Committee of the Body of Benchers is not yet stituted. Since 2013 when the Aladejobi's case was decided and referred by Supreme vurt to the Appeal Committee of the Body of Benchers. the Body of Benchers has not nstituted members of the committee because doing so would amount to violating stion 12(7) of the Legal Practitioners Act which expressly provides that appeals from "DC lic to the Supreme Court. This vacuum may make lawyers conv icted by the LPDC e undue advantage of the logjam and continue in legal practice as long as there is no qulatory body to which appeal may be instituted. It may further cause a reign of punity in Nigeria because of the loophole. cently, the Executive Governor of Enugu State tamed the several acts of impunity on » part of the Enugu State Traffic Management officials who suddenly turned omselves into societal nuisance. The men of the Traffic Control Task Force to the owledge of the author have turned themselves fo the lawmaker. law executioner erpret the law without trial and enforce conviction and sentence on the same spot thin Enugu metropolis. There were instances where citizens allegedly’ in violation of ffic offences were pursued in very high speed. made to pull over their vehicles and netioned by way of having their vehicles confiscated until the payment of N23.(00 wenty five thousand Naira). The role played by the Enugu branch of NBA* and all the tkeholders which culminated in nipping these acts of impunity in the bud is highly mmendable, It must not be allowed to rear its ugly head again. Any system which vests Professor YemiOsibajo (SAN), Vice — President, Federal Republic of Nigeria This meludes Chapter 4 of the 1999 Constitution, Fundamental Human Rights Enforcement Rules 2000 4 other international Human Rights Conventions «0 whieh Nigeria is a signatory. Mrican Charter on tna and Pooples Rights (2013) 15 NWLR (Pr 1376) 66 (2014) LPELR ~ 22041 «SC) \kinola, Bukola, ‘Section 12 ofthe Lee inrnal, (NL&PH) Vol. 12, Pages 94 ~ 106 Minutes of the monthly meeting of the Enugu Branch of N 15 at Filbon Hotel, Enugu, Nigeria. P. 12 I Practitioners Act Examined” (2013) Nigerian Law and Practice 1 Bar Assoc ‘on 25 SeptembereT 20 the legislative, executive and judicial powers in a single agency of governmen arbitrary. insensitive and punitive. It negates the observance of the tenets of rule of | At the same time, the citizenry is not immune from disobeying waffie rules regulations and upholding the rule of law, When this has been done, we shall have so cohesion which culminates in social justice. In answering the above rhetorical questio: seemis safe {0 opine that there is impunity within our society 4. Is ther punity at the Bar? From time immemorial, lawyers have always been in the forefront of advocacy activism towards the promotion of good governance for the common good of the soci We cannot depart from the pillar of the profession, which is the ethies upon which es rule is built. A counsel is a minister in the temple of justice, A minister is « respons citizen either in the secular world or before the clergy. A minister dity at his duty post. As a prosecuting counsel, what has happened to all our clocte offenders who snatch ballot boxes in broad daylight? If we condone impunis avoiding the prosecution of electoral offenders, whit happens after the elections 9 an eye sore ndert ~ a sae ¥ law yer acting as a defence counsel should not condone the excesses of his clients v may want to ply any illegal route to the ends of justice. The lawyer's advocacy must that we have a just society. Where his client has breached the law lawyer must ensure that justice is not only done but seen to have been done. In this w we Would be carrying out our sacred duties to God and mankind, Today, posterity judged the likes of Chukwudifu Oputa”* Augustine Nnamani=“ Nikki Tobi-? and a F of others. A lawyer must strive to ensure his legal practice fulfills the tenets professionalism, towards ensurin Is there impunity on the Bench? Although. the purport of this paper is to appraise the role of the lawyer, it is apposite state that a good lawyer eventually transforms to a good judge which culminates int good Bench. A good bench is the oxygen for the respiratory system of a balanced ¢ well breathing society In view of the above. the Bar must build a shield of protection around the Bench, | when we have done this to a satisfactory level that we can now call to question before appropriate authorities with respect to the conduct of the Bench. We should not be qu to judge a judicial officer.“” We must ask probing questions about the operatio framework which exposed the judicial officer under examination (© the level ISC ot the blessed memory *SC of the blessed memory ASC of the blessed memory “AkinolalRukol “Jucdving the Judge: Lessons from Nigeria and Selected Jurisdictions.’ Reading Comomporary Lens and Pol Rivers State, Edited by Prot O. v dssuessE says in Honour of Hon. Justice tele N, Ndw, Former Chief duc webohuner al. Pages 374 ~ 399 at P, 388,isconduct alleged. In the case of Husseni v. Mohammed.""the Supreme Court r terated fact that it is the duty of a counsel, notwithstanding his side of the divide. wo guard id protect the int srity of the court with the wraparound security of a mother hen over «chickens. The court stated that any aspersion. express ar implied. cast on the court by ly counsel, reflects adversely on that counsel n the other hand. the Bench owes the Bar a corresponding duty to give a listening ear id very warm audience to the sonorous voice of the Bar, We are. and should be partners progress continuously. In the ease of Abarihe v. Speaker, Abia State House of sembly &Ors™the court held that it is within her province to ensure strict adherence to © spirit of the constitution for the endurance of a democratic regime” In the words of ¢ Late Honourable Justice Kayode Eso:"" A judge exists to determine disputes and to examine with due care and microscopic sense all matters before him in dispute in his pursuit of justice. He is there not to trap any party or to set in motion what the partics have not brought before him. He is not the Grand Inquisitor envisaged by Dostoevsky in his Brothers Karamazov. He is judge governed by rules. The judge. though he must have some room to once it is in the interest of justice. He is certainly not to ter, a free for all fi mancuy create an image of a g er could be deduced from the above that for an adjudicator to descend into the arena of © matter placed before him is to swim in the murky waters of impunity. The aura of a dae carries with it the aroma of deceney without descending into the aren of the matter Hfore the court."' We suppose this is why the picture of a lady as symbol of justice is indfolded.** Therefore, a judge should be blind in doing justice t mankind. Coura: e hallmark of the Bench, be it the lower or higher Bench idicial authority is the bulwark of freedom and rights: the medium through whieh the ciety achieves social peace and solidarity the spirit of justice and partiality. “Judges are gods in their climes. They are to be respected and they should 2014) 12 KER (Part 354) P_ 3573 at 3595 (2000) 9 WRN 1 at 25 ~ 30: (2000) FWLR (Pt. 9) 1558. er Pats ~ Acholonu J.C.A (as he then was) @ paradO(b). [. Pan 1: Py. 104 SC of blessed memory The time honoured maxim is: Fiat justia, euatcoctumthat is, fet justice be dine. thon eavens fall Per Uwais CIN (as he then was) in Okonlave x. Okagbue (1994) 9 NWLR (PL. 368) SUL at 326. Paras C e the preface to the Commentary on the Banghwre Principles of Judicial Conduct, (The Judicial egrity Group 2007), at huip://t wt amexlgureidocumentvconuption/publications _unode_cominentity.€ avcessed om 30 August 2016. It boldly affirms as follows:"A judiciary of undisputed integrity is the Ihock institution essential for ensuring compliance with demacracy and the rile of as. Even s her all ver protections fail, i provides a bulwark to the public against any encroachment on its rights and] 2 boldly reciprocate this hallowed treatment by respecting and restoring the rights citizenry Where a lawyer is aggrieved against the conduct of a judicial officer, his duty is t redress before the appropriate regulatory authority. The National Judicial Council ( Pursuant to Part I of the Third Schedule of 1999 Constitution of the Federal Reput Nigeria as amended, and the powers conferred on the NJC to exercise disciplinary e: over judicial officers against whom allegation of misconduct has been made, mac 2014 Judicial Discipline Regulations. This entails comprehensive and transparent pt for investigating and meting out sanctions against erring judicial officers. The writing falsehood against a judicial officer seems to be over as the complaint wou required to be made under oath and communicated to the National Judicial Cc within a specified period of time.“A lawyer should not petition a judicial officer 1 executive or legislative arm of government. Doing so will amount to destroying the profession from where he makes his living. The lawyer is not the mouthpiece of the to commit acts of impunity in other to please a revengeful client. 6. What is the Lawyer's Role? As a minister in the temple of justice, the role of the lawyer cannot be over emphasiz the context of this paper. It is our duty to uphold the law.°°We also have a duty to re the law. The leadership and members of the Nigerian Bar Association need t proactive in checkmating some arbitrariness on the part of law enforcement ager Nigeria. A lot still needs to be done. Our leaders at the Bar must not leave us tc enormous task. We need them now and always. They are the custodians of Knowledge, values and ethics of this noble profession. This is the tripod upon whic Bar stands In blatant acts of impunity, the lawyer must speak out and his voice must reverbere the high walls of the leaders, rulers and custodians of our commonwealth. We. constantly uphold the supremacy of the 1999 constitution as amended.”” We consistently tesist those who deliberately breach the law and the Constitution in quest for power. We must checkmate the incumbent in power through the ballot box adequate sensitization of the general public. One will aptly notice that societal re-orientation on the part of government agencies 4s the National Orientation Agency and others need to be rejigged. A lawyer may t an application for an order of mandamus to compel such agency to perform the rok which the tax payer's money is given to her. ~{ Rule + and 7 of the 2014 NIC Judicial Discipline Regulations 1 Professor Edosiew® Others v Chief Edoziew (1993) 1 NWLR (Pt272) 678 at 693 SAkinoluBukola, Principles of Lass ia Practice, (2" Edition St. Paul Publishing House 2010) 102 | Section 1(1) of the 1999 Constitution provides: This Constitution is supreme and its provisions shall all authorities and persons thro leral Republic of Ni23 Having considered the above, there is need for reforms in the | members of the profession to sustain its nobility. The level of observance of the Rules of | profession in order for Professional Conduet should not decline among lawyers. It has been argued in the past that the Rules of Professional Conduct for Legal Practitioners 2007 seems adequate if obeyed to the letters.* However. owing to very sharp decline in societal values, lawyers. are flouting some provisions of the Rules of Professional Conduct for Legal Practitioners 2007. To our mind, there is no excuse in the world which should make a lawyer trample upon these rules, Economic hardship is not a ground for lawyers to throw their hard earned nobility into servitude and clear compromises of rules land 17 of the Rules of Professional Conduct for Legal Practitioners 2007. While Rule | as earlier pointed out deals with upholding the rule of law, Rule 17 clearly states some instances of conflict of interest. which path the lawyer must dread to tread. Today. how do we handle clients’ money collected in our seemingly estate agent capacity? Are our agency duties not in breach of Rule 48 (1) of the Rules of Professional Conduct for Legal Practitioners 2007? Also. contrary to the provisions of Rule 23 (2) of the Rules of Professional Conduct for Legal Practitioners 2007. some lawyers actually engage in the use or conversion of their client’s money. By the provision of Rule 23(2) above. a lawyer is expected to separate his client's money from his professional fees and must not mix the client's funds with his own chambers account. In the case of Charles Okike v. LPDC*. the fact of which is that sometimes in 1995. a legal practitioner was briefed by one Mr. A. Kaihara, a Japanese and Chief Executive of Kaiyou Systems Inc. Japan. in respect of a claim against a company. Nabegu & Co. Nigeria Limited of Bello Road, Kano. Suit No. K/118/95 was consequently instituted at the High Court of Kano State. Judgment was given against Nabegu & Co, Nigeria Limited in the sum of N14.500,000.00, which money was allegedly collected by the appellant on behalf of his client. The total amount received by the appellant on behalf of his client was N14.500.000.00, As all efforts made by the client to recover the money from the tppellant failed, the company therefore sought the assistance of one Aihaji Salisu Mohammed to assist in recovering the money from the appellant. To that ends the ‘ompany gave a power of attorney to the said Alhaji Salisu Mohammed. This was the position when Alhaji Salisu Mohammed decided to seek the asststance of he Hon. Chief Justice of Nigeria through a petition he sent to the Honourable Chief ustice. The Chief Justice referred the petition to the Nigerian Bar Association, The ‘etiion was finally referred to the LPDC for action, On receipt of the complaint, the PDC wrote to the appellant inviting him to appear before it. It enclosed copies of the etition and other related documents in its possession along with the letter. The appellant zceived the letter but instead of appearing before the LPDC. he replied by raisine hjections on various grounds among which is that the procedure adopted by the LPDC AkinolaBukota, “The Applicability of Immunity Clause 10 Contempt Charges: Myth or Reality M17 Mournal of Nigerian Government andl Polities (INGP). No 2. Vol. 3.11224 was not in accordance with the rules under which the LPDC took the acticn against The appellant also queried the validity of the power of attomey issued to Alhaji Si Mohammed. The LPDC reacted by informing the appellant in another letter that all his objections \ Iatters the appellant could raise when he appeared before the LPDC. He was then another date on which he was to appear and present his defence to the allegation 1 against him but he still failed to honour the invitation. Consequently, when the appel refused to honour several invitations sent to him, the LPDC decided to proceed with matter in his absence in line with its rules. During the hearing before the LPDC, evide was taken from Alhaji Salisu Mohammed. At the hearing, the LPDC came to conclusion that the appellant was guilty of professional misconduct. The LPDC then ¢ directions by ordering the registrar to strike the appellant's name off the roll; and orde the appellant to refund the sum of $123.000 US Dollars to the complainant petitio The appellant appealed directly to the Supreme Court from the above decision of LPDC. The Supreme Court, by a majority of 6 - 1."° assumed jurisdiction and dismis the appeal. The Supreme Court ordered the disbarment of the appellant, In effect, lawy must be in the habit of keeping the client's money in’a client account. Where this is done. the lawyer is swimming in the murky waters of impunity without immunity. In the light of the above, the lawyer's duty is to relate with the client within the bound: Jaw. A lawyer who writes application for serial adjournment of cases in which his cli does not have evidence to prosecute or defend is in breach of the provisions of the rule (1D of the Rules of Professional Conduct for Legal Practitioners 2007. In the same veit lawyer who practices as a commission agent while practising as a lawyer is in breack Rule 7 (2) (b) of the Rules of Professional Conduct for Legal Practitioners 2007! As pervasive as these acts of impunity in the legal profession seem to be, the Le Practitioners Disciplinary Committee (LPDC) is the primary body saddled with responsibility of maintaining and enforcing discipline among lawyers. In Nigerian 1 Aysociation v.Akintola,” the LPDC found the Respondent guilty of infamous conduct i professional respect and it was ordered that his name be struck off the Roll as a le practitioner in Nigeria. The Respondent in this case fraudulently converted and took o° the properties from his clients. As payment for his professional fees, he was given acres of land, However, contrary to the agreement, he unilaterally appropriated 69 ac to himself, He further went ahead to sell different portions of his client's land to varic people. He was subsequently sanctioned by the LPDC for professional misconduct. “'Kutigi ISC (as he then was) dissented 21 The Rule provides: (1) Unless permitted by the General Council of the Bar (hereinafter referred to as Bar Council”) a law yer shall not practice as a legal practitioner at the same time as he practices any ot professional (2) A lawyer shall not practice as a legal practitioner while personally engaged in ~ (a) the business of buying and selling commodities: (b) the business of a commission agent * (2006) 13 NWLR (Pt. 996) 167BR 25 The Way Forward | Adherence to Rule of Law Myers and citizens can stop various acts of impunity in the Nigerian society through herence to the principles entrenched in rule of law. This should not only be encouraged ¢ promoted. Lawlessness thrives in the absence of rule of law. Anarchy has and can ver give us a just and egalitarian society. It is in the interest of all and sundry to smote and observe the ancient landmark of rule of law ‘Independence of Judiciary tion 6 of the 1999 constitution as amended vest judicial powers of the Federation in Judiciary. In the same vein, the 1999 constitution as amended established the National ficial Council as a major regulator of the judicial system in Nigeria. Section 158 (1) of 1999 constitution as amended enumerates the National Judicial Council (NIC) as one “he bodies whose independence must be sustained, For acts of impunity to be curtailed, independence of the judiciary must be fully sustained. If done. we would have an litarian society. A major threat to the independence of the judiciary may be in form of essunt executive interference. This may rear its head in form of appointment to the er and higher bench. The quality of a nominee to the bench will reflect in the quality judicial service rendered to the citizens. Therefore, factors such as political siderations, affinity with the appointing authority should not be the rationale for sideration to any bench. This is because. if the appointment process is shrewd, the ‘ointee will only give what he has. * judiciary must be financially independent.** Poor funding has been a bane in the Suit of an independent judiciary. Our budgeting process and instrument for the Clary must adequately take into consideration the independence of the judiciary in-any al year, The budget for this important arm of government must not oniy be passed but mplemented to letters. Functional Regulatory Bodies in the Legal Profession \ apposite to suggest at this juncture that the various regulatory bodies in the legal ession should rise up (o the task of performing their statutory funetions optimally se functions are not peculiar to the LPDC alone. Section 15 (8) af the NBA Constitution 5 confers the Disciplinary Committee of the Nigerian Bar Association with powers to © recommendations for prosecution to the LPDC.“'The Le: al Practitioners Privileges ind Schedule, Part |, item 20 & 21 (c) empowers the National Judicial C tse all moneys, capital and recurrent, forthe judiciary tion 15 (8) of the NBA Constituiion effective 2015 provides that Branches shall have the power to tigate reports of professional misconduct against their members and shall senda report of 4 ining of 1a facie case against a legal practitioner to the Chairman of the Disciplinary Comiltce as pro ded ‘he Legal Practitioners Act and the General Secretary of the Association ‘ouncil to collect, control and26 Committee has a role to play in order to check impunity among lawyers.“"In the sar vein, the role of the Supreme Court and the Chief Justice of Nigeria with respect disciplinary measures in the legal profession should be stengthened.”” hould be Candid and Fair 7.4 Legal Advisory Service Courage is the hallmark of a lawyer. A lawyer owes the client the duty to advise candid and frankly, He is to purge his conscience of having discharged his duties without fear + favour, The Auorney ~ General of the Federation or of a State should ensure that tl government implements the laws for the common good of the citizenry. He must als adyise the government to uphold the laws even where the public office holder intends 1 toe the path of impunity 7.5 Restoration of the Values at the Bar A lawyer should be law abiding. Traces of lawlessness may be in form of low qualit legal practice at the Bar. A new wig remains a new wig until he has learnt the rudiment cultures und traditions of the Bar, A new wig must learn through a senior colleague by way of pupillage. The absence of pupillage may have the resultant effect of low qualit legal practice. Such lawyers come to the courtroom, sit in the front row reserved fc memibers of the Inner Bar and senior members of the Bar in the presence of seni members of the Bar. There were instances where younger lawyers at the Bar hav attempted mentioning their cases before the senior without proper permission sought anc obtained. May we suggest the inclusion of the year of call column in the Cause List in ou various courts. This will ensure that the privilege of mentioning cases would not bi further abused by learned gentlemen of the Bar. A situation where the judge asks the Ba to indicate their interest on the Cause List and lawyers stand up in order of seniority seems untidy. This is because some lawyers are not sure of the year of call of onc another. A column should be drawn on the Cause List wherein the court is guided on the order of seniority in their respective cases for the day. It is pitiable for litigants to sec lawyers in the courtroom shouting down their juniors or asking: when were you called? Is there adherence to the letters and the spirit of the Legal Practitioners Act 2004 and its subsidiary legislations on the part of the legal practitioner? Is there also adherence to the spirit and letters of the Rules of Professional Conduct for Legal Practitioners 2007on the “The LPPC can exercise the power to withdraw the rank under article 22 (1) of the Senior Advocates of ‘ges and Functions) Rules 1990 if a person so conferred is adjudged by the Legal Practitioners Disciplinary Committee (LPDC) to have conducted himself in a manner incompatible with th dignity and honour ot the rank or found guilty of professional misconduct by the LPPC or convicted hy competent court of law for any offence which ia the opinion of the LPPC is incompatible with the honour ty of the rank. In the same vein, article 22 (2) of the Senior Advocates of Nigeria (Privileges and Functions) Rules 1990 empowers the LPPC to suspend a legal practitioner from the use of the rank of SAN pending the determination of any disciplinary action, complaint, or prosecution against such a legal practitioner. In essence, the conterment of the privilege is neither permanent nor absolute. I remains a privilege subject to compatibility with dignity and honour as legal practitioner “Section 13 of the Legal Practitioners Act 200427 of the legal practitioners?*? To an extent, there is compliance but there is need for mms and the need to do more on the part of lawyers to curtail impunity at the Bar chand the Country at large. Need for Total Societal Re - orientation bar must employ the services of the electronic and print media to sensitize the public he need to avoid acts of impunity. We must use every lawful means to wake up the onal Orientation Agency (NOA) and other allied agencies to their core onsibilities, These agencies must be in the foreftont of societal reorientation, We Censure that our values, culture and ethical considerations must be promoted for a perous egalitarian society. We must use the social media to promote our values Conclusion aswering the above rhetorical questions. the lawyer does have a leading role to play rds curbing impunity in Nigeria. Once the lawyer draws the line within the ambit of law. a reasonable client will reason his way out of impunity. This is because the er is the eye through which the society sees into its future. It is our duty to decipher Motives and motivation of a mind with moles of impunity. Such minds are the vrizing terrorists tampering with our mutual terrain and territory. We must in turn ‘rise them within the tenets of the law. The lawyer is therefore the apostle of the ade against zero impunity at the Bar, Bench and the Nigerian society at large, For the mn to enjoy the fruits of this democracy. we must arise above board to enthrone rule Was a king in our private and public parlance, Pursuant to section 12 (4) of the Le of 1994) al Practitione 8 Act Cap LIL LEN 2004 (as amended by Decree