Onnoghen Suspension: Kwara lawyers observe NBA directive, boycott courts

By Kayode Adeoti
In protest against the suspension of the Chief Justice of Nigeria, Justice Walter Samuel Onnoghen, by President Muhammadu Buhari, lawyers in Kwara state jurisdiction joined other branches of the Nigerian Bar Association (NBA) to boycott court on Tuesday and Wednesday.
The development came on the heels of directive by the National Executive Committee (NEC) of the NBA issued in an emergency meeting held in Abuja on Monday.
The suspension was deemed illegal, violation of independence of judiciary and has drawn strong condemnations across boards.
The NBA said the two days warning strike was to press for the reversal of Buhari’s decision to suspend Justice Onnoghen and appoint Justice Tanko Mohammed as Acting CJN on Friday.
To this effect, the chairmen of the two NBA branches in the state; Barr. Idowu Muhammed Akande of the Ilorin branch and Chief Olusegun Olawoyin of Offa branch jointly issued a press statement compelling their members to obey the directive.
The press statement reads in part as follows, “At the emergency meeting of the National Executive Committee (NEC), Nigerian Bar Association held today, 28th January, 2019 at the NBA House, Abuja.
“It was resolved among other resolutions that Nigerian lawyers should boycott court proceedings for two days with effect from tomorrow 29th January, 2019 in protest against the purported suspension of the Chief Justice of Nigeria.
“In consideration of the above, members of the two (2) Branches in Kwara State, i.e Ilorin and Offa Branches are hereby directed to shun court sittings with effect from Tuesday 29th January to Wednesday 30th January 2019 in compliance with the aforementioned NEC resolution.”
It was gathered that out of about 125 branches of the NBA, only less than 10 failed to comply with the directive.
Though mixed reactions trailed the directive on Tuesday in Kwara as many lawyers claimed that they were not duly informed.
In an exclusive interview with Akande over the development, he blamed the low compliance to the order by lawyers on Tuesday to the fact that many of his colleagues and the Chief Justice of the state, Justice Saidu Durosinloun Kawu got the information lately.
In order to ensure compliance on Wednesday, Akande stressed that he went round various courts to ensure his colleagues obey the leadership.
“As a branch chairman, I’ve the duty to obey the decision of the NEC, the highest decision making body of the NBA. Many of our members were not aware, I went to courts not to force anyone but to canvass for support. Thank God, they gave me overwhelming support, many of them left immediately.
“I had written the CJ about the decision of the NBA, I went to see him this morning (Wednesday), and he was happy about it but said he cannot direct any judge not to seat because there is no directive from the NJC. He assured me that he will not penalise any lawyer that fails to appear before him but rather, he will adjourn the case.
“The CJ sat and cases that were before him were all adjourned. Also, his brother judges, Justice Gafar and Justice Akinpelu did same. I called many seniors colleagues telling them that we need to comply and they did.
Checks by this medium on courts in Kwara State jurisdiction revealed that lawyers adhered strictly to the order.
At the Court of Appeal, the judges sat and all the lawyers that appeared before them were given another date.
Yusuf Ali (SAN)’s case on the Kwara APC leadership crisis which was to come up on Wednesday 30th January was adjourned to 4th of next month following the letter he transmitted to the judges on his decision to obey the NBA directives.
Majority of the lawyers who appeared at the Court of Appeal were state counsels from the Ministry of Justice.
Some of them who spoke with this medium on condition of anonymity maintained that they only came to court to pick dates, adding that they were all aware that no matter will be heard.
Also at the state High Courts and Magistrate courts, by 9:am lawyers were seen in clusters debating vehemently the legality of the order, some were also seen going into courts to pick new date for adjournment.
A clerk at one of the magistrate courts who also spoke anonymously with this medium confirmed that lawyers who have matters in their court only came around to pick dates.
Some lawyers did not leave their chambers saying they were bound by the order.
Barr. Joseph Bamigboye, SAN who was met at his private Chamber at Sango area of the state capital on Tuesday, stressed that it is mandatory for him to adhere to the directive of the association he belongs to.
“I don’t really understand the directive but it is an order of the NBA and we’re bound by it regardless of my own perspective. In this chamber, we observed it. I’ve not been to the court areas, so I will not know the extent of compliance.
Also, Barr. Tosho Yaqub said he has no business in the court for the two days since the leadership of the NBA has given an order which must be obeyed.
Meanwhile, some lawyers have expressed divergent views over the directive, saying it is uncalled for.
A lecturer at the Faculty of Law, University of Ilorin, Nigeria, Dr. Folorunsho Hussein described the order as irrational
He said, “The boycott is irrational, uncalled for, it is unnecessary and unwanted. Everybody has his right; NBA did not employ me, nor employ the Judges. If the NBA wants to fight for the CJN, they should file a case in his favour not to stop us from doing our daily job.
For Barr. Aishat Temim, a member of the International Federation of Women Lawyers (FIDA) who was sighted leaving the court premises on Tuesday, in annoyance said the NBA directive is unreasonable.
According to her, the NBA order is not to be obeyed because it lacks genuine purpose.
“I can’t follow the NBA directive, because its purpose is defeated already, in a corruption case like this, all hands must be on deck.