STATEMENT ADDRESSING THE CONCERNS EXPRESSED IN RESPECT OF THE STATEMENT OF THE NIGERIAN BAR ASSOCIATION – SECURITY AGENCIES RELATIONS COMMITTEE (NBA-SARC), ON THE VIRAL VIDEO SHOWING OFFICERS OF THE NIGERIA CUSTOMS SERVICE (NCS) ASSAULTING A MAN, WHO IS A LEGAL PRACTITIONER.
Dear Colleagues,

1.Please recall that the Nigerian Bar Association – Security Agencies Relations Committee (NBA-SARC) wrote a letter dated Wednesday, February 23, 2022, addressed to the Comptroller-General of the Nigeria Customs Service (NCS), Col. Hameed Ibrahim Ali (Rtd), with the subject: “Humble Demand for Explanations and/or Appropriate Sanctions Against Officers of the Nigeria Customs Service, shown in a Viral Video, Assaulting, Intimidating and Harassing a Legal Practitioner who, Supposedly, was Discharging Professional Duties to his Client.”

2.The NBA-SARC has observed that the said letter has elicited diverse reactions in various quarters amongst legal practitioners and concerned members of the public, with some thinking our letter was not as strongly worded as it ought to be,and merely as though one was pandering to the whims and caprices of the NCS.

3.We must state, humbly that this feedback is duly noted and well received. And in the spirit of continuous accountability to lawyers across the country, it has become imperative to clear the air on why the NBA-SARC, collectively reviewed and issued the above-referenced letter.

4.In the first premise, the NBA-SARC had an ongoing engagement with the NCS in furtherance of its mandate of collaborating with the relevant security agencies to promote and advance a mutually beneficial relationship between the said agencies and lawyers in Nigeria. We had written a letter dated January 27, 2022, requesting for a courtesy visit on the NCS and further to this, the NCS, had by a letter dated February 21, 2022 proposed March 8, 2022 for a visit.

5.While we have taken cognizance that the Nigeria Customs Service, had in a statement signed by its Public Relations Officer, Deputy Comptroller Timi Bomodi, stated that the incidence in the viral video happened on Thursday, September 9, 2021, we however, in advance of our proposed visit and in reverence of the agelong principle embodied in the natural justice of hearing from the other side – audi alteram partem, the NBA-SARC had considered it paramount to firstly, as a matter of urgency, condemn strongly the wanton display of brute force as meted out to the man in the viral video, and further demand for explanations on the facts and circumstances of the viral video, to aid an informed position in taking further steps, especially since the name and identity of the assaulted man in the viral video, remains vague till date.

6 We had, upon sighting the unpleasant video, reached out to ascertain the particulars of the assaulted man, but all to no avail, and are by this medium, further extending a public invitation to the said lawyer assaulted in the viral video, or anyone with information about the said lawyer, and/or who directly witnessed the incident, to please come forward, or write to the NBA-SARC, on the circumstances and facts of the viral video especially particulars of the said victim, his name, and the NBA Branch, ahead of the NBA-SARC’s planned visit to the NCS. This is more compelling because in all the dozen instances we had successfully handled, the NBA-SARC knew the names, NBA branches and/or received complaint directly from the victims, their lawyer, representatives or family members. More disturbing is the notorious fact that since this incidence happened on September 9, 2021, which is over five months now, no one has information about the said lawyer,

7.We, therefore, reassure the legal community that all efforts are in top gear towards ensuring that justice prevails and that necessary sanctions are meted out to anyone found wanting in the present circumstances. We as lawyers are the vanguard of rule of law; we have an obligation to protect all, the man in the viral video is no less important in this regard.

8 We continue to call for the collective support of all, as the mandate of the NBA-SARC, which amongst others is to develop and promote proper protocols for engagement with security agencies by lawyers, in the course of carrying out their professional duties, cannot be attained without all hands being on deck.
Long live the Nigerian Bar Association.
Thank you.

DATED THIS FRIDAY, FEBRUARY 25, 2022
Signed:

Chief Joe-Kyari Gadzama, SAN

Chairman, NBA-SARC