I read an article with the above title supposedly written by the above-named author, Fred Ogundu-Osondu, in reaction to a recent online petition created by one Izu Aniagu, which was targeted at withdrawing the rank of Senior Advocate of Nigeria from the AGF, Abubakar Malami.

The author, Fred Ogundu-Osondu, first and foremost admitted thus:
“I acknowledged that the idea of incorporating technology into activism is one which is welcome all over the world, and has been vital to several societal changes all over the world, from Europe to Middle East to Beijing and many other places.”

He also went on to highlight the role that technology played in the agitation to get justice for George Floyd and the #BLACKLIVESMATTER movement. He then argued that Nigerian Bar Association (NBA) will specifically derive immense benefit from the use of technology and the social media in their agitation for the rule of law in Nigeria.

But his conclusion was wrong in that he stated that despite the foregoing he was still lost as to how the online petition started by the young man, Izu Aniagu, calling for the suspension of the AGF’s title will affect the validity of the amended Rules of Professional Conduct 2020 or in addressing the issues raised against the Attorney-General of the Federation.

With all due respect, the article written by Mr. Fred Ogundu-Osondu (who unfashionably indicated his educational titles as follows: LLB (Nig.), BL,) from all indication, is a reactionary effort by an unimaginative reactivist who’s probably interested in sharing the same spotlight as Izu Aniagu.

Although it’s not clear enough that the man, Izu Aniagu, who’s behind the online petition against the AGF, is a lawyer but considering that he was addressed as “my learned friend” by the reactivist, Mr. Fred Ogundu-Osondu LLB (Nig.), BL who seems to know him personally, it appears that he’s also a lawyer.

However, even if he’s a lawyer, it also appears that Izu Aniagu is too humble to brandish that to the world (as he didn’t bother to disclose that in the said online petition). In fact I am sure his only intention, unlike Mr. Fred Ogundu-Osondu LLB (Nig.), BL. must have been to start something very significant and urgently, of which he did quite well, rather than living in a dream world of “do nothingness” or worst still wait to react to someone else’s proactiveness. The last I checked, Nigerian lawyers are speedily responding to his online petition just as they emphatically responded to the one that called for the disinvitation of Gov. Nasir El-Rufai of Kaduna State.

Ironically, Mr. Ogundu-Osondu LLB (Nig.), BL started by stating that he understood the importance of technology and the use of social media in modern agitation. He also stated that he understood that they are used to create awareness and send a signal of public opinion to the decision makers. He also understood that such an online petition can go a long way to tell the media there is enough public attention to do a story. In fact, according to him, he said he understood everything because he evidently understands simple things. So what else is he is searching for? Nothing.

If Ogundu-Osondu LLB (Nig.), BL was actually trying to lecture on the most legal way to strip the AGF of his title, he did a horrible job. Perhaps he should have gone straight to start the process instead of dishing out a poorly written article disguised as a lecture material – in a bid to sound intellectual – since he said that “anything worth doing is worth doing well”.

Let me first educate Mr. Ogundu-Osondu LLB (Nig.), BL by saying that online petition is much more relevant than he understood it to be. In recent times it has become even a more potent tactic that has been used in many successful campaigns.

Secondly, online petitions are not so different from their paper predecessors of the past, when clipboard-bearers collected signatures and handed them to legislators. Although those petitions alone were not going to achieve change, but they were a useful first step, according to analysts. And in the current digital moment, online petitions allow us to collect signatures more quickly and spread information faster.

In the wake of the killings in the southern Kaduna, a Nigerian man by the name Usani Odum created an online petition which sought to stop Governor Nasir El-Rufai from speaking at the NBA Annual General Conference 2020 due to his leadership failure as well as his human rights record in his State. The petition gathered up to 6,000 signatures and many lawyers publicly indicated that they will not be attending the NBA Conference if the Bar leadership insists on El-Rufai. That is how online petition works/worked. Mr. Ogundu-Osondu LLB (Nig.), BL may also want to know more about by logging on to www.http://chng.it/kGPVCtkg. On that page he would see, sign and monitor the latest petition that was created by Reno Omokri, a former presidential aid to Goodluck Jonathan, for the government of the United Kingdom and the European Union to place a travel ban on Nasir El-Rufai, for promoting genocide and religious and political intolerance. That way he can be fully initiated.

It is very sad that a better response by way of motivation and support could not come from someone who is a lawyer to another of his professional colleague who’s trying to accomplish something of consequence the good of their own profession. However, it is a common fact that it is usually the habit of certain lawyers to play the devil’s advocate even when their own houses are set ablaze.

What is worth doing is worth doing well, but Mr. Ogundu-Osondu LLB (Nig.), BL did not do well in his lecture notes. He sorely missed the point somewhere and committed a fatal blunder that exposed his level of knowledge of the law.

He argued that: the Legal Practioners Privileges Committee may withdraw the rank of Senior Advocate of Nigeria from the AGF in accordance with No. 5 of the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria, 2007 (note that he wrote No. 5 instead of Paragraph 5 and cited 2007 instead of the latest Guidelines of either 2017 or 2018). As a matter of fact, there’s no guidelines in existence known as Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria, 2007. The latest Guidelines happens to be that of 2017/2018. So one wonders from where he manufactured his own Guidelines. What is worth doing is worth doing well!

Again, Mr. Ogundu-Osondu LLB (Nig.), BL muddled up the roles of the Legal Practioners Privileges Committee (LPPC) and that of the Legal Practioners Disciplinary Committee (LPDC) and somehow used the two terms interchangeably, and also created the impression that a Senior Advocate can only be stripped of his title after allegations against him has been first determined by the court of law finding his actions to be incompatible with the title. Hear him:

“The right thing to be done, especially by the leadership of the Nigerian Bar Association is to file a suit for a judicial review of the actions of the Attorney-General of the Federation, praying for a Declaration that the purported amendment is void, as it was made without recourse to due process. If his actions can be interpreted as an abuse of the powers vested in him as Attorney-General of the Federation, then an actual petition can be lodged against him before the Legal Practitioners Disciplinary Committee. If the LPDC finds him guilty of professional misconduct, then the LEGAL PRACTITIONERS PRIVILEGES COMMITTEE may withdraw the rank of Senior Advocate of Nigeria from him. This was clearly stated in No. 5 of the GUIDELINES FOR THE CONFERMENT OF THE RANK OF SENIOR ADVOCATE OF NIGERIA, 2007. However, let us keep it in mind that the HAGF is the Chairman of the LPDC. The only other ground is if he is convicted for any offence that in the opinion of the LPPC is incompatible with the honour and dignity of the holder of the rank of SAN as an offence relating to breach of trust, theft or other offence involving fraud or dishonesty. Again, the HAGF is the Chief Law Officer of the federation, and may not allow such prosecution to see the light of day, as he is clothed with the constitutional powers of nolle prosequi.”

The above, regrettably, is not the true position of the law. The true position of the law is that the Legal Practitioners’ Privileges Committee (LPPC) by virtue of section 5 (7) of the LPA CAP L11 LFN, 2004 is saddled with the responsibility (with the approval of the Body of Benchers) to make the guidelines and confer the rank of Senior Advocate of Nigeria to qualified legal practioners in Nigeria. The guidelines contain certain criteria that must be considered for the confernment/withdrawal of the rank of Senior Advocate of Nigeria.

Paragraph 25 (2) of the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria, 2017, provides that the Legal Practitioners Privileges Committee may suspend a legal practioner from the use of the rank of Senior Advocate of Nigeria pending the determination of any disciplinary action, complaint or prosecution against such a legal practioner. Sub-paragraph (3) of the same provision then mandates the LPDC to set up a fact finding Sub-committee to investigate and make recommendations pertaining to the allegations.

It is in line with the above provisions that Michael Kaase Aondoakaa, the former Attorney-General of Nigeria and Minister of Justice, on October 7th, 2010, was stripped of the rank of senior advocate of Nigeria by the LPPC through a petition written by Defence of Human Rights (CDHR).

The LPPC also on June 22nd, 2017 stripped the rank of Senior Advocate of Nigeria from one Beluolisa Nwofor (SAN) holding as follows:

“The Legal Practitioners’ Privileges Committee, at its 126th general meeting held on the 22nd day of June, 2017, considered extensively the petition written against you by the Court of Appeal of Nigeria, your response as well as all material facts and have decided to withdraw the rank of Senior Advocate of Nigeria (SAN) from you. “Accordingly, you are, therefore, advised by this notice to henceforth desist from parading yourself as a Senior Advocate of Nigeria forthwith.”

Another example is one Mr Kunle Ogunba who was suspended from the rank of Senior Advocate of Nigeria on January 11, 2018 by the LPPC for abusing court process and derailing the course of justice. The petition against Mr Kunle Ogunba was written by a judge of the Court of Appeal as well as the Chief Registrar of the same court.

In all the above instances, none was initiated through the court process, and it only makes sense of the rule that an appointer always reserves the power to sack his appointee. So, the LPPC, being the appionter also has the power to withdraw the rank from Senior Advocates of Nigeria without necessarily waiting for the pronouncement of the court. However, an evidence of a Court conviction against a SAN might add a different weight and even make the withdrawal of the rank permanent.

Going further, Mr. Ogundu-Osondu LLB (Nig.), BL stated:”What is worth doing is worth doing well, and so I suggest that if a petition is to be lodged, it should be lodged at the appropriate quarters, OFFICIALLY.”

He capitalized the word “OFFICIALLY” as if to make an emphasis, but, unfortunately he didn’t state what that official quarter means. I am sure that if he thought that going to court to get a conviction first before writing a petition against a SAN is the only official way, he must have learned something from this reply – it is not only an official way but the difficult way.

As for Izu Aniagu, the creator of the online petition against the AGF, that Mr. Ogundu-Osondu LLB (Nig.), BL’s, a so called learned colleague, is trying to cheapen and trivialize, please take no hint from him.

There are many witch doctor masquerading as intellectuals. When they tell you, ‘you can’t’, they actually fear that you can and are even more afraid that you will. The AGF, Abubakar Malami, SAN, can be removed of his rank and even from his office. You have initiated the process. Do not give too much heed to what invariably people may proclaim cannot be done.

Solomon Nguher, Esq. writes from Abuja.