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The Oracle: Ethics and Discipline in Law: Akin to Waiting for Godot (Pt. 8)

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By Mike Ozekhome

INTRODUCTION

Ethics and discipline are at the core of legal principles and precepts; because law is a set of beliefs and values which society has accepted either formally in written codes or unwritten codes like customs and traditions. In either case, they are norms which are based on what society regards as ethical behavior or best practices applicable in any given context or circumstances. They are usually flouted at the risk of sanctions. This is where discipline comes in. Please, read on.

DISCIPLINE OF LAWYERS

The applicable rules relating to the discipline of lawyers is the Legal Practitioners Disciplinary Committee Rules 2006. The Breach of any of the rules of professional conduct in the legal profession could be held to constitute an infamous conduct in a professional respect. See Rule 55(2), RPC 2007. Suffices however to say that any aggrieved party can write a written complaint against a legal practitioner to any of the following: The Chief of Judge of Nigeria; The Attorney General of the Federation; President, Court of Appeal or presiding Justice of the Court of Appeal; The Chief Judge of the High Court of a State or that of the FCT; The AG of a State; Chairmen, body of Benches; and President, NBA or Chairman of a branch of NBA. See Rule 3(1) LPDC Rules 2006.

PROCEDURE FOR THE DISCIPLINE OF LAWYERS

The procedures for the discipline of lawyers can be summed up as follows: Receipt of a complaint or petition; Any of the persons authorized to receive the petition or complaint shall forward same to the NBA which shall course the complaint to be investigated; Investigation and if a prima facie case is established, the NBA shall forward a report of such a case to the Secretary of the LPDC together and all documents not considered by the NBA and a copy of the complaint; Appointment of a legal practitioner by the NBA to present the case before the committee; Hearing of the case of a party either personally or through a counsel of his choice; On the direction of the Chairman of the Disciplinary Committee, the Secretary shall fix a day of hearing and serve notices to parties (either through personal service registered post or e-mail etc); They must be at least 15 days between the services of hearing notice and the date of hearing; Except where the services is by publication in the newspaper, the secretary is to serve on parties, other than the complainant, both the hearing notice and copies of the report and the complaint prepared by the NBA; Upon proof of service, the committee may proceed to hear and determine the case in the absence of the counsel against whom the complaint was made; An absent party may however within 30 days from the date of the pronouncement of the findings and direction of the committee apply for a re-hearing; If the committee is satisfied that it is just to hear the case, it may grant the application upon such terms as to cost or otherwise; The committee shall hear witnesses and receive documentary evidence such as would assist it in coming to its conclusion regarding the truth or otherwise of the allegations; The provisions of the Evidence Act is to apply to the committee proceedings; At the conclusion of hearing, the committee may call for written addresses; Proceedings and announcement and announcement of the committee decision shall be held in public; If the committee finds that the allegations have not been proved, it shall record its findings; If it finds that the allegations are proved, it may give the following directions:

  1. a) Order the registrar of the Supreme Court to strike off the legal practitioner’s name;
  2. b) Suspend the practitioner from practice;

(c)   Order the practitioner to refund money or hand over documents in his possession;

(d) Admonish the practitioner,

(e) Directions made by the committee are to be gazette.

It must be stressed here that where the conduct of a legal practitioner is a conduct incompatible with his status as a legal practitioner, then his name cannot be struck off the roll; the appropriate punishment is either suspension or admonition. Where directions are made by the LPDC, an affected legal practitioner has 28 days within which to appeal. The direction shall not be effective save after the 28 days stipulated for an appeal. Where there is no appeal or where there is an appeal but is withdrawn or struck out or dismissed, the directions become effective.

Appeals from the decision of the Legal Practitioners Disciplinary Committee lie to the Supreme Court of Nigeria. The Supreme Court and the Chief Justice also constitute disciplinary authorities.

Where the name of a legal practitioner has been struck off the role or suspended, an application for restoration can be made to the Disciplinary Committee or the Chief Justice or the Supreme Court depending on who ordered the striking off of the name. The following considerations are normally taken:

  1. The gravity of the offence or offences necessitating the striking off or the suspension order as the case may be;
  2. Whether there is sufficient evidence of genuine remorse shown by the applicant in the period between the striking off of the name and the submission of the application;
  • Whether in all the circumstances of the case, the court is satisfied that the applicant has in the intervening years become a fit and proper person to be incorporated as a member of the legal profession.

COMMON CASES OF PROFESSIONAL MISCONDUCT IN NIGERIA

The list of misconducts that lawyers could be punished for in Nigeria and in different parts of the world is inexhaustible. Such misconducts include advertisement, contempt of court, Solicitor making himself a beneficiary of a will and offering a bribe to a judge. On many occasions, the legal profession has also frowned upon champerty, negligent handling of a client’s case, making extra-judicial statement prejudicial to a pending matter, in-house lawyers engaging in private practice, failure to pay practicing fee, lateness in paying practicing fee, and sundry procedural misconducts as filing frivolous matters.

MEASURES TO CONTROL INDISCIPLINE

  1. PARTICIPATION OF THE CITIZENS:-

A disciplined citizenry will surely participate in the control of indiscipline in their society. This is a duty of each and every citizen in any society such duties can be performed in a number of ways i.e. by paying out taxes, by refusing to involve ourselves in corrupt or undisciplined activities and practices. It is also our duty to expose any act of indiscipline at societal units of interaction i.e. at home, school or work. A citizen should be hardworking, patriotic, responsible and always ready to defend his/her country at all times. A citizen should accept and cooperates with those leaders that tend to unite them and transcend religious, cultural and ethnic differences. A citizen should liaise with the police in detecting and reporting deviancy and other social problems in society. Such information should be protected and rewarded. If the police and the public relations are more cordial, people will be willing to help in detecting and curtailing indiscipline in society.

  1. ERADICATION OF POVERTY:

According to a popular adage ‘”poverty is the root cause of all evils” This becomes more of a problem when it exists side by side with AFFLUENCE. It is the duty of the state to ensure that a greater percentage of its citizenry live above poverty line. Poverty eradication can be done through various means. Budgetary measures which ensures full employment for all, control resources effectively and ensure a sound productive base for the economy. These will help greatly. Fiscal and monetary measures could also be geared towards control of inflation and currency stabilization. Once poverty can be eradicated, the citizenry will be more disciplined, honest and hard working.

  1. EXEMPLARY LEADERSHIP:-

Leadership by example is the best form of leadership.   Once a leader with leadership qualities implements such qualities on his person, he easily and simply transmits them to the followership. As such, an undisciplined leader i.e. corrupt or fraudulent or morally bankrupt will definitely produce a similar followership. A disciplined leadership will not aggravate inequalities in society. Rather, he will cultivate a situation whereby everybody is given equal opportunities in life. A disciplined leadership will neither accept nor condone indiscipline in all aspects of social life. In addition, he should be able to eschew all vices in private and public life including corruption, dishonesty, electoral malpractice like self-succession, ethnic and religious bigotry.

  1. SOCIAL LEGAL RESPONSES MEASURES:-

As Indiscipline is not so clearly defined as crime in the judicial sense, but a form of deviation from modes and ethic of society, solutions are mainly left to the family and community. As such solutions include: Ensuring stability in the family, adequate/proper socialization, proper adherence to religious tenets, parental and peer group supervisions     and controlling the influence of mass media.

  1. CCT

Code of Conduct Bureau/Tribunal: The Federal Republic of Nigeria, 1979 Constitution, in its sections 15-20 made provision for a Code of Conduct Bureau and a Code Conduct Tribunals. This is an important step towards controlling corruption and indiscipline by making all public officers (from the president, down wards) to declare their personal asserts before their appointment in office or after leaving office. The Code of Conduct Bureau is a body with nine (9) members including a chairman. It’s responsibilities include; to receive declaration by public officer, to retain custody of such declarations, to examine such declaration and to ensure that they comply with the requirements of the code and to receive complaints about non-compliance with or breach of this code and to refer such cases to the Code of Conduct Tribunal where necessary.

The Code of Conduct Tribunal is established by the President and headed by a chairman. The tribunal has the power to try and punish all officers found guilty of contravening any of the provisions of the Code of Conduct Bureau. Punishment range from vacation of an officer’s office, seizure and forfeiture to the state of any property acquired in abuse of or corruption of office. (To be continued).

 THOUGHT FOR THE WEEK

“In civilized life, law floats in a sea of ethics.” (Earl Warren).

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Opinion

Nation Building Reimagined: Integrated Principles and Strategies for Sustainable Growth

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By Tolulope A. Adegoke, PhD

“True nation building is not the work of the state alone, but a harmonious convergence where empowered peoples provide the foundation, innovative corporates generate the momentum, and visionary institutions ensure direction — together forging sustainable prosperity, social cohesion, and enduring national strength for current and future generations” – Tolulope A. Adegoke, PhD

Nation building is a deliberate and continuous process of constructing cohesive, resilient, and prosperous societies capable of realising their full potential. It extends far beyond political structures or state institutions to encompass three interdependent spheres: peoples (individuals and communities), corporates (businesses and private-sector organisations), and nations (governance institutions and the state). When these spheres are strategically aligned through sound principles and practical strategies, they generate all-round exploits — inclusive economic growth, social cohesion, innovation, human flourishing, and global competitiveness.

This comprehensive framework offers actionable guidance for sustaining productive and progressive development. It is grounded in universal principles validated by international development experience, economic history, and governance studies, making it relevant for scholars, policymakers, business leaders, and development practitioners worldwide.

Foundational Principles of Effective Nation Building

Successful nation building rests on six core principles that transcend cultural, geographical, and ideological differences:

Inclusive Human Dignity and Agency — Recognising every citizen as both beneficiary and active architect of national progress through equal opportunity and rights protection.
Institutional Integrity and Rule of Law — Building transparent, accountable institutions that foster trust and predictability.
Economic Dynamism and Shared Prosperity — Promoting broad-based growth that benefits individuals, businesses, and the state simultaneously.
Social Cohesion and Cultural Resilience — Forging unity while respecting diversity to create a shared national identity and purpose.
Adaptive Leadership and Long-Term Vision — Combining strategic foresight with the flexibility to learn and adjust.
Sustainable Resource Stewardship — Balancing present needs with intergenerational equity in environmental and fiscal matters.
These principles provide a universal compass for development, as evidenced by cross-national data from the World Bank’s Worldwide Governance Indicators and the UNDP Human Development Reports.

 

Core Strategies Across the Three Spheres

For Peoples (Individuals and Communities): Nation building begins with empowering citizens. Key strategies include universal access to quality education and skills development, robust health and social protection systems, community-driven development programmes, and targeted initiatives for youth and women empowerment. These efforts enhance social mobility, reduce vulnerability, and foster active civic participation.

For Corporates (Businesses and Private Sector): Corporates serve as the primary engine of wealth creation and innovation. Effective strategies involve creating an enabling business environment, promoting public-private partnerships, enforcing strong corporate governance and ethical standards, and implementing talent development and local content policies. When supported appropriately, the private sector generates jobs, technological advancement, and tax revenues that fuel broader development.

For Nations (State Institutions and Governance): The state provides the overarching framework for progress. Strategies include institutional reform and capacity building, decentralisation for better responsiveness, evidence-based policy making, and strategic regional and global integration. Strong institutions ensure equitable rules, policy continuity, and effective service delivery.

Sustaining Progressive Growth in Nigeria

In Nigeria, this integrated framework offers a practical pathway to convert demographic and natural endowments into sustained prosperity. At the peoples’ level, investments in education, health, and skills development can transform the large youth population into a productive demographic dividend. For corporates, policy predictability, infrastructure development, and public-private partnerships can drive diversification beyond oil into agriculture, manufacturing, and digital services. At the national level, institutional reforms, anti-corruption measures, and evidence-based governance would reduce policy inconsistency and enhance public trust.

When these elements reinforce one another, Nigeria can achieve higher productivity, reduced poverty, greater social cohesion, and improved global competitiveness — creating a virtuous cycle of inclusive growth.

Advancing Development in West Africa

Within the ECOWAS region, the framework supports deeper integration and collective resilience. Strategies for social cohesion help address cross-border challenges such as irregular migration, climate impacts, and youth unemployment. Corporate-focused approaches encourage intra-regional trade and industrialisation through harmonised policies and stronger value chains. Institutional strategies promote policy coordination, joint humanitarian response, and shared security mechanisms.

By applying this model, West African countries can move from fragmented national efforts toward coordinated regional progress, enhancing food security, energy access, and economic competitiveness while building resilience against external shocks.

Driving Continental Transformation in Africa

Across Africa, the principles and strategies align closely with the African Union’s Agenda 2063 and the African Continental Free Trade Area (AfCFTA). Sustainable resource stewardship helps convert natural wealth into long-term human and infrastructure investments. The corporate strategies support regional value chains and industrialisation, while institutional reforms strengthen governance and reduce trade barriers.

When implemented continent-wide, this approach fosters inclusive industrialisation, technological advancement, and reduced external dependency — positioning Africa as a major driver of global growth in the 21st century.

Global Relevance and Contribution

On the global stage, the framework provides timely lessons for both developed and developing nations navigating technological disruption, climate change, and rising inequality. The emphasis on shared prosperity and social cohesion offers pathways to mitigate polarisation. The integration of corporates as development partners demonstrates how private-sector innovation can serve public goals. Institutional strategies of adaptive leadership and evidence-based policy making are universally applicable in managing complex transnational challenges.

Nations adopting this model contribute to global stability by reducing conflict drivers, enhancing food and energy security, and participating constructively in multilateral systems. In this way, the framework supports the United Nations Sustainable Development Goals and helps build a more equitable and resilient world order.

Conclusion: A Practical Pathway to Enduring Progress

The principles and strategies of nation building presented here constitute a balanced, interconnected discipline capable of sustaining productive and progressive growth across multiple scales. For Nigeria, they chart a course from potential to performance. For West Africa, they strengthen regional solidarity. For Africa, they accelerate continental transformation. And for the global community, they offer practical wisdom for building fairer, more stable societies.

True nation building succeeds when peoples, corporates, and state institutions reinforce one another in a virtuous cycle. Its greatest strength lies in this holistic integration — recognising that sustainable development requires empowered citizens, innovative enterprises, and effective governance working in harmony.

In an increasingly interdependent world, embracing these principles with consistency, courage, and collective ownership is not merely beneficial but essential. Nations and regions that do so will unlock enduring prosperity, resilience, and a respected place in the global community. The framework provides both the vision and the practical tools needed to turn potential into lasting achievement for current and future generations.

Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, and resilient nation-building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com

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Opinion

Dear CDS, NSA, Your Prodigal Sons, Brothers Have Killed General Braimah

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By Eric Elezuo

Almost five months since the yet to be explained killing of Brigadier General Musa Uba, another high ranking military officer, another Brigadier General, has been unlived. He was Brigadier General Oseni Omo Braimah, Commander of 29 Task Force Brigade Operation Hadin Kai, Maiduguri Borno State.

The sadness that followed the brutal killing of the Brigade Commander, can almost be touched, dear Nigerians, with special reference to the National Security Adviser, Mallam Nuhu Ribadu, and his counterpart, the Chief of Defense Staff, General Olufemi Oluyede. These men, have at separate fora concassed for the kid gloves handling of terrorism activities, and terrorists.

Ribadu, it was, that asked that they be rehabilitated as they are ‘our brothers. Oluyede echoed the stand, saying the terrorists was equated to the biblical prodigal son, and therefore should be received with open hands. This he said to justify his latest ‘Operation Safe Corridor’, designed to welcome ‘repentant’ terrorists and bandits, and have them reintegrated into the society.

It is still these touted same brothers, and prodigal sons that overran a military base in Benisheikh, reportedly killing 18 soldiers including the Brigadier General. According to the Army, however, the number of deaths was overhyped, claiming that only two officers and two other soldiers were killed in the battle they said the military had the upper hand, and auccessfully repelled the assailants and maintained their positions.

Much as the military agreed that they lost four soldiers, they have failed to produce casualties, or even speak on the number, from the terrorists side, in a battle they said they had the upper hand. It’s still had to believe, only that the prodigal sons and brothers snuffed the life of a general, and according to reports, he was caught like a sitting duck.

The prodigal sons with the ‘brothers’ did not stop there; they proceeded to kill Forest Guard Commander and five others in Kwara, just as they mercilessly hacked to death eight members of the same family in Bokkos, Plateau. The list is endless. Of prodigal sons and brothers. Thanks to the NSA and the CDS.

Someone once said that that the only mercy a terrorist or bandit deserve is the mercy of God. And it is the duties of the authority to send them to God for such mercy.

Why do we keep handling merciless killers with kid gloves, and turn around to call them sons and brothers. They in turn, are only looking for opportunity to strike again.

These people have gone from being brothers to becoming animals, very dangerous and ugly beasts that have lost the capacity to show, and so should not be shown any mercy caught.

Dear NSA and CDS, you muat understand that these people have been extremely radicalised, and can no longer fit into the society of sane beings, and therefore, should be put away permanently. We can’t continue to safe corridor to experiment with the lives of Nigerians. No bandit or terrorist is worth rehabilitating, talk less of being integrated into the military. Whoever does that is complicit, and should be treated as an enemy of the Nigerian state.

The NSA and the CDS should begin now to revisit everyone they have ever pardoned or reintegrated into the society for they are part of our problem. They are culpable.

General Uba died saraa, as we say in our local parlance. We should let Braimah die saraa. We must not allow this irresponsibility happen again. I’m not borrowing any words from the president because all his words appear empty, while Nigerians continue in droves, even when the country is not really at war.

Time to jettison this brother, cousin, prodigal son rubbish, and deal decisively with terrorists and bandits.

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Opinion

Ovation @30: A Triumph of Vision, Courage and African Excellence

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By Dr. Sani Sa’idu Baba

There is an African proverb that says, “However long the night, the dawn will surely break.” No story embody this truth more powerfully than that of Chief Dele Momodu and the remarkable rise of Ovation International. Founded in April, 1996 at the height of the Sani Abacha regime, Ovation was born not out of comfort, but from adversity. In forced exile in London, faced with uncertainty and hardship, Momodu chose not to surrender to circumstance but to challenge it, daring to create a global lifestyle magazine at a time when Africa’s image was largely defined by negativity.

From that improbable beginning emerged a publication that would go on to redefine how Africa is seen by the world. Ovation introduced a different narrative, one of elegance, achievement, culture, and pride, documenting African success stories with unmatched consistency. At a time when global media often overlooked the continent’s brilliance, Ovation boldly projected it, celebrating milestones, personalities, and cultures across Africa and its diaspora. It became a powerful cultural bridge, connecting cities and continents while showcasing an Africa that is vibrant, accomplished, and globally relevant.

Over the past three decades, Ovation has not merely reported stories, it has shaped destinies and elevated generations. It has provided a platform for emerging talents in entertainment, business, and public life, often spotlighting individuals long before they attained global recognition. Its influence extended beyond storytelling into economic and social impact, creating employment for thousands across journalism, photography, real estate, design, and event production, while also setting new standards in lifestyle media, enterprenership and event documentation. Long before the rise of digital platforms, Ovation was already global, distributing African excellence to audiences around the world and strengthening the connection between Africa and its diaspora.

Through changing times and technological revolutions, Ovation International has remained consistent in quality, bold in vision, and authentic in purpose. Its ability to evolve without losing its identity is a testament to its strength as not just a magazine, but an enduring institution. Today, as it marks 30 years of impact, it stands as one of Africa’s most influential media platforms, one that has significantly contributed to reshaping global perception and asserting Africa’s place in the world.

This milestone is a celebration of resilience, vision, and legacy. It is a tribute to the pride of Africa Chief Dele Momodu, whose courage transformed hardship into history, and whose dream once considered unrealistic became a continental force. It is also a celebration of the entire Ovation family, whose dedication over the years has sustained and expanded this vision. Thirty years on, Ovation is not just a witness to Africa’s story, it is one of its most powerful storytellers.

A big thank you to Chief Dele Momodu for proving long ago that Africa is not synonymous with bad news, and congratulations on three decades of excellence proof that when the dawn finally comes, it can illuminate the world.

Dr. Sani Sa’idu Baba writes from Kano, and can be reached via drssbaba@yahoo.com

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