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<h1>Absence of Evans’ counsel, Mr Chino Obiagwu (SAN), on Friday again stalled the continuation of hearing in the on-going trial of the alleged kidnap kingpin, Chukwudumeme Onwuamadike a.k.a Evans.</h1>

The News Agency of Nigeria (NAN) reports that Evans trial was on the last adjourned date, Jan. 30, stalled due to the absence of one of the defence counsel, Mr Emmanuel Ochai.

Evans is currently facing charges, bordering on conspiracy to kidnap, kidnapping and attempted murder.

In the first charge, Evans is standing trial alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

In the second charge, he is standing trial alongside Joseph Emeka, Linus Okpara and Victor Aduba.

At the resumed hearing on Friday, Evans’ counsel did not make an appearance but sent a letter informing Justice Adedayo Akintoye of his absence.

NAN reports that no member of Evans’ legal team was present.

However, the Prosecutor, Mr Y. G. Oshoala, who drew the court’s attention to the absence of Evans’ counsel said it was not the first time such was happening.

He said that on the last adjourned date, on Jan. 30, one of the defendant’s counsel was absent and the case was adjourned.

“This is not the first time such is happening.

“The Supreme Court stated that the court is not a slave of time that must wait for a party to come and present its case.

“We submit that the court cannot wait for the defence counsel,” Oshoala said.

He directed the court’s mind to the need to do justice to all parties,” the state, the defendant and the public.”

But making an order for adjournment, Justice Akintoye said: “I have noted your observation.

“I will give them the benefit of doubt because the defence counsel is a Senior Advocate of Nigeria. I assume he is not just wasting the time of the court.”

Consequently the judge adjourned the case until March 22, for adoption of written addresses in the trial within trial.

The News Agency of Nigeria (NAN) reports that on Jan. 16, during a trial within trial, Evans denied the confessional statement he made to the police after his arrest in 2017, saying it was made under duress.

Evans told the court that he signed the statement under duress to save him from being tortured to death.

Evans gave details of how members of Inspector General of Police (IGP) Intelligence Response Team allegedly tortured and killed several others, who were paraded alongside him in his presence.

However, Evans, was cross-examined by the Lagos State Counsel to prove that his statement was not taken under duress.

Notorious billionaire kidnapper, Chukwudumeme Onwuamadike, popularly known as Evans

The News Agency of Nigeria (NAN) reports that Evans trial was on the last adjourned date, Jan. 30, stalled due to the absence of one of the defence counsel, Mr Emmanuel Ochai.

Evans’ trial suffers another setback due to absence of his counsel

<h1>Some Lagos lawyers who had cases fixed for hearing on Tuesday came to court in defiance of directive issued by the National Bar Association (NBA) asking lawyers to boycott courts for two days.</h1>

The News Agency of Nigeria (NAN) reports that the Federal Government had on Jan. 25 suspended the Chief Justice of the Federation (CJN), Justice Walter Onnoghen, from office over his failure to declare his assets as required of every public servant.

Government had acted on a motion exparte granted by the Code of Conduct Tribunal and replaced Onnoghen with Justice Tanko Mohammed as an acting CJN.

Consequently, NBA at its National Executive Council meeting held on Jan. 28 adopted a resolution asking members to boycott courts over what they tagged illegal suspension of the CJN.

NAN judiciary correspondent who went round courts in Lagos, including the Igbosere High Courts and Magistrates’ Courts, to monitor the situation, reports that the courts sat, proceedings went on and lawyers were in court.

However, the Court of Appeal Lagos did not sit because, according to the workers, the court was observing its conference week.

Some of the lawyers told NAN that they could not obey the directive because they owe it as a duty first to be in court to represent their clients who pay their fees.

One of the lawyers, Mr Daniel Idibia, a Lagos-based lawyer, said: “I have to respect the man who pays my fees, my clients; NBA on the other hand takes money from me.

“I pay my practicing fees, my Bar Association dues; those are monies coming from my clients.

"What will I tell my clients whose case is coming up today if I boycott court, will I say that NBA says I should not come to court, will that pay my fees?

“In law there is a saying, when two competing priorities are equal the first in time prevails. I have gotten a date for my clients’ case before NBA boycott date; therefore my client’s case supersedes that of NBA.”

He however advised NBA not to step into the arena of politics rather the association should strictly deal on matters relating to law.

Idibia also noted that the CJN had admitted that he made a mistake by not declaring his foreign assets in the Code of Conduct form.

He said that the CJN should have stepped aside after admitting the mistake due to the position he held in law.

“To me, nobody is invading the judiciary, if we are to fight corruption, it should start from lawyers.

“We are not going to fight corruption in abstraction. If this matter had happened to an ordinary civil servant, it will not be heard. The person would have been tried by the Code of Conduct Tribunal,” Idibia said.

Another lawyer, Miss Amaka Agbazu, said that she did not comply with the NBA directive because the association had not been fair to young lawyers whose rights were trampled upon.

“Last year we heard that a young lawyer was attacked by the police but NBA did not do anything about it, now they are calling for boycott because it is CJN.

“So, if it’s the CJN or any of the senior lawyers the whole judiciary should stand still.

“What is happening might not be right apparently because procedure has not been followed but right of everybody should be put into consideration.

“Lawyers are in court and proceedings are going on, nobody was prevented from entering the court or sent out of court,” Agbazu told NAN.

In his own opinion, Mr Jude Ozemhoya, said lawyers should respect the resolution as issued by the NBA.

“I came to court because of the pressure from my client who is facing a criminal charge whom I cannot leave alone and subject him to the whims and caprices of the prosecution.

“However, some of my colleagues believe that NBA’s decision is political be it that the Senate has approached the Supreme Court for the interpretation of the affected sections of the law.

“NBA should have waited for the apex court’s decision,” Ozemhoya said.

Onnoghen: Lagos lawyers shun NBA’s directive on boycott of courts

Government had acted on a motion exparte granted by the Code of Conduct Tribunal and replaced Onnoghen with Justice Tanko Mohammed as an acting CJN.

<h1>Some lawyers in Lagos have expressed mixed reactions to the resolution by the Nigeria Bar Association (NBA) for lawyers to boycott courts for two days over what they tagged illegal suspension of the Chief Justice of the Federation (CJN) Justice Walter Onnoghen.</h1>

The NBA reached the resolution after its National Executive Council meeting held on Monday Jan. 28.

However, some lawyers said such resolution would not be effective while others said it would send a message that rule of law and constitutional provisions should not be undermined.

The News Agency of Nigeria (NAN) reports that the Federal Government had on Jan. 25 suspended the CJN over failure to declare assets as required of every public servant.

The government had acted on a motion exparte granted by the Code of Conduct Tribunal, and replaced Onnoghen by Justice Tanko Mohammed as acting CJN.

Mr Ogedi Ogu, a Lagos-based lawyer told NAN that such resolution would not be effective because even the NBA president, Mr Paul Usoro has an unresolved issue which will make any protest led by him to appear as pursuing a personal vendetta.

Based on what is in the public view, It is doubtful, if many lawyers are going to partake in this because the NBA president can not rally lawyers for anti corruption crusade when he has some corruption charges against him in court.

He, however, advised that the provisions on exparte applications be strictly adhered to.

The impression at the bar was that exparte applications were not grantable, but actions of the CJN and the federal government in obtaining different exparte applications have shown otherwise, however creating some sort of constitutional crisis, Ogu said.

Mr Chibuikem Opara, in his own opinion said that the call for lawyers to boycott courts for two days starting from Jan. 29 was a good one.

He said such a resolution would make government to ensure that their actions were guided by the provisions of the constitution.

According to him, the court boycott is part of the sacrifices that should be made by every patriotic Nigerian, because if nothing is done urgently, other successive governments will believe that they can take laws into their hands.

Opara believed that the action would save the judiciary from destruction.

If the judiciary is destroyed, lawyers will be the ultimate losers. It will affect lawyers income.

"I would have liked if the boycott was for more than two days to send strong signal that provisions of the constitution should be strictly followed," he said.

He said that the courts would be a ghost of itself if lawyers boycott them.

Another Lagos-based lawyer, Mr Chris Ayiyi, in his own view, advised that exparte application should not be obtained fraudulently.

He said though the resolution to boycott courts was made to ensure that constitutional provisions was respected, it would affect some lawyers day to day income.

Chief Justice of Nigeria (CJN), Walter Onnoghen (Premium Times)

The NBA reached the resolution after its National Executive Council meeting held on Monday Jan. 28.

Court boycott: Lagos lawyers express mixed reactions

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omeire.cecilia

Articles written by the author

Evans’ trial suffers another setback due to absence of his counsel

Onnoghen: Lagos lawyers shun NBA’s directive on boycott of courts

Court boycott: Lagos lawyers express mixed reactions