₦airaland Forum

Despite the subsisting Order of Court restraining the Caretaker Committee illegally appointed by the AB Mahmoud SAN, by the High Court of the Federal Capital Territory as a consequence of the unlawful steps of Nigerian Bar Association at its meeting held in Aba, Abia State in 2017, regarding the Abuja branch of NBA, which Court Order the National leadership of the Association led by Mr. Abubakar Balarabe Mahmoud, SAN has continued to treat with brazen contempt.


The illegal committee headed by one Princess Frank Chukwuani, a staff of the Ministry of Justice has continued to parade themselves as leaders of the Nigerian Bar Association Abuja branch, otherwise known as Unity Bar, in outright disobedience to subsisting court order.

In a statement signed by the authentic Chairman of the branch, Ezenwa Anumnu Esq and made available to the press, he expressed worry that a major stakeholder in the temple of justice is disparaging, disrespecting, and denigrating the authority of a Court of competent jurisdiction by disobeying a valid Order of Court. One wonders why Mr. Mahmoud, a major beneficiary of the Rule of Law, having been ousted as NBA President by the valid and subsisting judgment of Hon. Justice J. Tsoho of the Federal High Court, siting in Abuja, in April 2017 and is currently on appeal while status quo is currently being maintained in his favour by members of the Bar.

The statement described the 2018 annual law week being organized by the Committee under the Chairmanship of Mr. Mahmoud as an act of illegality.

The statement said,

“It is unfortunate that this kind of thing is coming from the National leadership of Nigerian Bar Association who should lead the way in ensuring that justice is done. Lawyers should serve as examples to the larger society when it comes to obedience to court orders and rule of law in the country.

“If the Leadership of the NBA is selecting which court order to obey and which one to disregard, disparage and disobey; then the nation’s judicial system is in trouble. And, by using underhand tactics to foist helplessness to our judicial processes, they are simply setting bad precedents and saying goodbye to the observance of the rule of law and freedom in our society. The politicians in the country are also watching what is happening in the temple of justice and would follow suit, as we march towards 2019 General elections.

“The Deputy Senate President, Senator Ike Ekweremadu, who is scheduled to give a keynote address at the event, stands the risk of contempt of court, amongst other distinguished citizens that may not be aware, or who may choose to ignore the legal implication of participating in the said event.”

Recall that the High Court of the Federal Capital Territory, in the Abuja Judicial Division holding at Apo, before his lordship, Justice U. P. Kekemeke in the suit with No: FCT/HC/CV/277/16 granted the interlocutory reliefs sought by Ezenwa Anumnu (Plaintiff) against Incorporated Trustees of the Nigerian Bar Association (Defendant).

The order reads in part, “Considering the written argument of Tolu Babaleye, Esq. Counsel to the Plaintiff/Applicant praying the court to grant the reliefs as contained in the motion paper and Defendant’s counsel Mas’ud Mobolaji Alabelewe Esq. Opposing the application and the court being satisfied that there is merit in the reliefs sought do hereby orders as follows:

“An Order of Interlocutory Injunction is hereby issued restraining the Defendant/ Respondent either by itself, agents, officials, and privies or the purported Caretaker Committee or any other Committee by whatever name called and constituted pursuant to the resolution of the National Executive Committee of the Nigerian Bar Association from putting into effect the resolution made at the National Executive Meeting, pending the determination of this suit.”

“The defendant / Respondent is further restrained either by itself, agents, officials, privies and or caretaker committee or any other committee by whatsoever name called and constituted pursuant to the Resolution of the National Executive of the Nigerian Bar Association from conducting any election whatsoever for the offices of Chairman and Secretary of the Nigerian Bar Association, Abuja Branch pending the determination of the substantive suit."

https://www.premiumtimesng.com/news/top-news/271073-nba-president-flouting-court-order-abuja-bar-chairman.html

What is NL turning to biko? Is this the reason why or just a useless thread?

Brilliant move by a forward looking Governor

Nigerians are responsible for this fuel situation... smh

HungerBAD:
“Fayose replied me by saying ‘don’t worry, Ekiti people are easy to deceive because by the time you buy them ponmo (cow skin) and booli (roasted plantain), you have stolen their hearts’.

Elements of Stomach Infrastructure...

How did this make front page? The topic is ludicrous and unbelievable! Are NL mods now promoting cyber bullying? what nonsense?

If she is missing, I hope she is found safe and sound soon. This is a terrible write up though by the LSS president of Greatest Ife (if it is authentic).

Stupidity is when you give GEJ all the glory for the past and present good but blame PMB for the past and present bad. If GEJ thinks he deserves commendations then he must be held responsible for the mess ups.

dis story sounds too fantabulous. if he found his way out, y can't he lead police or the media there and expose the so-called ritual killers.

God bless you! We need to wake up and find God for ourselves. Too many churches teach a materialistic interpretation of God's presence.

Modified:
After the sermon is the offering. I dey collect offering, give and it shall be given unto you. Do i hear an amen!?

If this is true, it would amount to taking a bad joke too far.
Why should the judiciary allow itself to be used in this pedestrian manner?
With actions like this, one might actually start to see why the Rivers State Judiciary was shut down for so long. Finally, the CJN and NJC should grow the balls to penalize these vagabond judges.

Na wa oh. If to say na naked photo d post for done reach fp tey tey... God dey sha

Rainmaker69:
This is a long piece. Not a bad read though. The impunity with which some people act is just amazing. How can a private company claim to be a regulator? And they are just riding and bullying people.

Naija I hail thee.

Na so. Many things popping in this country.

The PR Industry is about to see some fireworks.
Thisday's Raheem Akingbolu makes startling findings in his examination of the undercurrents in the impending legal battle between XLR8 and NIPR

Can Company A write a letter to Company B instructing it to sack Company C, a company which Company B has legitimately hired? Can an organisation which by its own admission, is “registered as a private company limited by guarantee” also be an association, trade union and regulator all in the same breath? Can a company be penalised if it fails to join a trade association?

These are some of the issues that the courts will have to rule on in the next few weeks as the Nigerian Institute of Public Relations (NIPR) and the Public Relations Consultants Association of Nigeria (PRCAN) go to court to face libel charges filed by Calixthus Okoruwa, Chief Executive Officer of XLR8.

Genesis of the Matter

Last July, in a letter written on the letter-head of the Nigerian Institute of Public Relations, NIPR, the duo of Rotimi Oladele, President of the Nigerian Institute of Public Relations, and John Ehiguese, President of PRCAN Limited by Guarantee, had written a letter to Guinness Nigeria. In the letter, they alleged that Guinness had breached the law governing public relations in Nigeria because Guinness had recently awarded its corporate public relations portfolio to XLR8 Nigeria. They argued that it should not have awarded the job to XLR8 because the company’s CEO is neither a member of the Nigerian Institute of Public Relations nor the Public Relations Consultants Association of Nigeria. The duo argued that PRCAN is a creation of Bye Law 3 of the enabling Act setting up the Nigerian Institute of Public Relations, and is consequently empowered to enforce the rules. Consequently, the duo requested that XLR8 be fired within 7 days.

The engagement of XLR8 by Guinness was one of the three of such cases in recent time. Few months ago, stakeholders in the industry were shocked when MTN, a leading telecom operator appointed DKK, an integrated marketing company, to manage its PR brief. A feeler from the industry has also revealed that Lafarge WAPCO Cement had secretly hired an unknown organisation based in Alausa Ikeja that is neither a member of any of the two regulatory bodies to also manage its image.

After the pronouncement by MTN, the entire industry was jolted on why a multinational like MTN could descend so low to have thrown its account to an agency that was not known to have handled any PR brief before. While defending the reason behind the appointment, the immediate former General Manager, Corporate Communications, MTN, Ms. Funmi Olajide, said the telecom company followed international standard before the appointment. According to her, a pitch process was organised, where all the invited agencies displayed their expertise. She also disclosed that DKK and Brook and Blakes presented the best presentation, which marvelled everybody including the participants.

While the debate continues, industry players are divided over the issue. While some accuse PRCAN of stressing its luck too long, a few people have also condemned the nonchalant attitude of Okoruwa and others and urged them to join the association.

Was the letter written in a hurry?

It has since turned out that the letter was apparently hastily prepared, signed and dispatched without even the most basic due diligence as Calixthus Okoruwa is a member of the Nigerian Institute of Public Relations.

Many industry watchers have raised questions about the motivation of the duo of Messrs Ehiguese and Oladele to have sent a letter to a third party, a multinational company, making what has turned out to be an embarrassingly false allegation. While some agree that the letter may have been driven by genuine intentions, others believe that the motivation may have been more of professional envy than anything else. People who hold on to this view say that this is evidenced in the haste with which NIPR and PRCAN prepared a letter and sent off to the multinational company, without even cross-checking the facts let alone engaging the man in question. The letter, unfortunately, may make its authors liable for libel.

Libel Case is Brewing

Interestingly, reports reaching THISDAY indicate that a libel case is now in the offing. Okoruwa is reported to have since commenced legal actions against NIPR and the duo of Rotimi Oladele and John Ehiguese for libel. He is contending that in writing to his client and making a false allegation that he is not a member of the NIPR, both parties have attempted to soil his professional reputation. In addition, he contends that PRCAN is unknown to the Nigerian Institute of Public Relations Practitioners’ Act of 2004 or indeed any law operational in Nigeria today. Even if it were a genuine association, joining it would have been voluntary and certainly not by compulsion.

Is PRCAN a Private Company?

Interestingly, investigations by this reporter have also shown that Public Relations Consultants Association of Nigeria may actually have been registered as PRCAN Limited, a company limited by Guarantee. In this light therefore, according to a lawyer, Mr. Kabir Akingbolu of Akingbolu and Salawu and co, Ikeja, it is a private profit-making company and not an “association” as its “executives” have made the public believe.

It is possible that even its executives do not realise this, as the lawyer explained that there are clear statutory differences in the registration of an association and the registration of a private company even when it is limited by guarantee. “Given that the body is currently registered as PRCAN Limited by Guarantee, its legal status is that of a private profit-making company with a finite number of subscribers, and certainly not an association or a regulatory agency,” Akingbolu emphasised.

By law, the lawyer said, PRCAN Limited by Guarantee, being a private company ought not to have more than 50 members; otherwise it would need to apply to the Corporate Affairs Commission for registration as a Public Liability Company, PLC.

PRCAN Incorporation Profile

According to documents obtained by this reporter from the Corporate Affairs Commission in Abuja, PRCAN Limited by Guarantee was incorporated on 4th of May 2007. Its directors and subscribers are Emeka Maduegbuna, Benedicta Upaa Ayede, Adetokunbo Modupe, Mfon Amana, Idris Mohammed, Chido Nwakanma, Toye Ogunnorin, Osita Ike, Akin Peter-Thomas, and Ladosu Ogunmakin. Meanwhile, Mr. John Ehiguese, who is president of PRCAN Limited by Guarantee, is not listed among the directors or subscribers to the company.

Commenting on the development, another Lagos lawyer, Abednego Igboanego, stated that there is a great deal of ignorance surrounding the registration of corporate bodies in Nigeria. He advised that people wishing to set up companies or trade associations should contact knowledgeable and experienced professionals such as lawyers in order to be properly guided through the process.

Trade Association Cannot be a Regulator

Igboanego stated categorically that the Nigerian Institute of Public Relations Practitioners Act of 2004 is a law that can easily be accessed by anyone. “There is no bye-law attached to the act,” he said. “Anybody claiming that there is a bye-law empowering a voluntary trade association to play the role of government regulator is either ignorant, fraudulent or plain mischievous,” he added.

For weeks, Mr. Ehiguese has struggled to justify the letter which he jointly signed with Rotimi Oladele and issued to Guinness Nigeria, claiming that it was in a bid to cleanse the public relations industry. Last week via a motion reportedly moved by Yomi Badejo-Okunsanya of CMC, members of PRCAN Limited by Guarantee passed a vote of confidence on Ehiguese’s leadership, applauding his efforts at making the industry more professional. Ironically, it would appear that it is PRCAN that is more in need of professionalising. “It certainly does not have the powers that it claims to have,” stated Igboanego, adding that “no responsible government will empower a trade union or trade association to perform the role of a regulator.” At best, he said, a trade association can play the role of self-regulation, ensuring that all its members conform to a certain code of behaviour or practice.

Another lawyer Ayodeji Arowosebe agreed. “A doctor does not cease to be a doctor just because he does not belong to the Nigerian Medical Association, neither does a lawyer cease to be lawyer just because he does not belong to the Nigerian Bar Association,” he said.

Both NMA and NBA are mere trade associations and do not confer professional legality on anyone. While it is true, for instance, he said, that only a doctor can join the NMA, it is not membership of NMA that makes one a doctor. That role is performed by the Medical and Dental Council of Nigeria and the NMA does not go about claiming to “regulate” medical practice. In the same vein, while only a qualified pharmacist can join the Pharmaceutical Society of Nigeria, it is not membership of PSN that makes one a pharmacist. “There is a need for people to better understand these things,” he said, to avoid unnecessary embarrassment.

Tragedy of a Witch-hunt Gone Wrong

Abiola Ogusola a brand manager in an advertising company lamented that “what we are witnessing is a tragic case of a selfish witch-hunt gone wrong.” She added that, “The duo had intended to embarrass, intimidate and punish somebody, apparently for reasons best known to them. Instead they are the ones who now have to face the music.”

If reports reaching THISDAY are anything to go by, then there are indications that unless both gentlemen, Oladele and Ehiguese, apologise to Okoruwa over the next few days, a full-fledged litigation will be inevitable. Libel prosecution procedure, THISDAY gathered, are such that the litigant must first provide evidence to show that it offered the other party adequate opportunity to make amends and apologise for its actions, failure of which it proceeded to court. Oladele and Ehiguese have reportedly been requested to apologise and retract their defamatory letter since July, but till date, according to a source close to Okoruwa and his company, they have refused to do so.

In a telephone interview with THISDAY, Mr Ehiguese emphasised that the act that established NIPR empowers it to regulate Public Relations practice. He also stated that PRCAN derives its power from the bye law no 3 of 1993, which was created by NIPR to give the association the power of regulation in the industry. On the fact that PRCAN was not registered as an association, Ehiguese said he couldn’t explain the legal implication but pointed out that the body was out to bring the needed sanity to PR practice not to witch-hunt any individual or association.

It was gathered that the Permanent Secretary of the Federal Ministry of Information has since written to the NIPR, advising it to seek a peaceful resolution of the issue rather than wait for it to get to court.

As things stand, the marketing communications industry is likely to witness legal fireworks in the weeks to come.

Source:
http://www.thisdaylive.com/articles/prca-vs-xlr8-has-the-hunter-become-the-hunted-/221234/

lalasticlala abeg waka with this post to front page.

The PR Industry is about to see some fireworks.
Thisday's Raheem Akingbolu makes startling findings in his examination of the undercurrents in the impending legal battle between XLR8 and NIPR

Can Company A write a letter to Company B instructing it to sack Company C, a company which Company B has legitimately hired? Can an organisation which by its own admission, is “registered as a private company limited by guarantee” also be an association, trade union and regulator all in the same breath? Can a company be penalised if it fails to join a trade association?

These are some of the issues that the courts will have to rule on in the next few weeks as the Nigerian Institute of Public Relations (NIPR) and the Public Relations Consultants Association of Nigeria (PRCAN) go to court to face libel charges filed by Calixthus Okoruwa, Chief Executive Officer of XLR8.

Genesis of the Matter

Last July, in a letter written on the letter-head of the Nigerian Institute of Public Relations, NIPR, the duo of Rotimi Oladele, President of the Nigerian Institute of Public Relations, and John Ehiguese, President of PRCAN Limited by Guarantee, had written a letter to Guinness Nigeria. In the letter, they alleged that Guinness had breached the law governing public relations in Nigeria because Guinness had recently awarded its corporate public relations portfolio to XLR8 Nigeria. They argued that it should not have awarded the job to XLR8 because the company’s CEO is neither a member of the Nigerian Institute of Public Relations nor the Public Relations Consultants Association of Nigeria. The duo argued that PRCAN is a creation of Bye Law 3 of the enabling Act setting up the Nigerian Institute of Public Relations, and is consequently empowered to enforce the rules. Consequently, the duo requested that XLR8 be fired within 7 days.

The engagement of XLR8 by Guinness was one of the three of such cases in recent time. Few months ago, stakeholders in the industry were shocked when MTN, a leading telecom operator appointed DKK, an integrated marketing company, to manage its PR brief. A feeler from the industry has also revealed that Lafarge WAPCO Cement had secretly hired an unknown organisation based in Alausa Ikeja that is neither a member of any of the two regulatory bodies to also manage its image.

After the pronouncement by MTN, the entire industry was jolted on why a multinational like MTN could descend so low to have thrown its account to an agency that was not known to have handled any PR brief before. While defending the reason behind the appointment, the immediate former General Manager, Corporate Communications, MTN, Ms. Funmi Olajide, said the telecom company followed international standard before the appointment. According to her, a pitch process was organised, where all the invited agencies displayed their expertise. She also disclosed that DKK and Brook and Blakes presented the best presentation, which marvelled everybody including the participants.

While the debate continues, industry players are divided over the issue. While some accuse PRCAN of stressing its luck too long, a few people have also condemned the nonchalant attitude of Okoruwa and others and urged them to join the association.

Was the letter written in a hurry?

It has since turned out that the letter was apparently hastily prepared, signed and dispatched without even the most basic due diligence as Calixthus Okoruwa is a member of the Nigerian Institute of Public Relations.

Many industry watchers have raised questions about the motivation of the duo of Messrs Ehiguese and Oladele to have sent a letter to a third party, a multinational company, making what has turned out to be an embarrassingly false allegation. While some agree that the letter may have been driven by genuine intentions, others believe that the motivation may have been more of professional envy than anything else. People who hold on to this view say that this is evidenced in the haste with which NIPR and PRCAN prepared a letter and sent off to the multinational company, without even cross-checking the facts let alone engaging the man in question. The letter, unfortunately, may make its authors liable for libel.

Libel Case is Brewing

Interestingly, reports reaching THISDAY indicate that a libel case is now in the offing. Okoruwa is reported to have since commenced legal actions against NIPR and the duo of Rotimi Oladele and John Ehiguese for libel. He is contending that in writing to his client and making a false allegation that he is not a member of the NIPR, both parties have attempted to soil his professional reputation. In addition, he contends that PRCAN is unknown to the Nigerian Institute of Public Relations Practitioners’ Act of 2004 or indeed any law operational in Nigeria today. Even if it were a genuine association, joining it would have been voluntary and certainly not by compulsion.

Is PRCAN a Private Company?

Interestingly, investigations by this reporter have also shown that Public Relations Consultants Association of Nigeria may actually have been registered as PRCAN Limited, a company limited by Guarantee. In this light therefore, according to a lawyer, Mr. Kabir Akingbolu of Akingbolu and Salawu and co, Ikeja, it is a private profit-making company and not an “association” as its “executives” have made the public believe.

It is possible that even its executives do not realise this, as the lawyer explained that there are clear statutory differences in the registration of an association and the registration of a private company even when it is limited by guarantee. “Given that the body is currently registered as PRCAN Limited by Guarantee, its legal status is that of a private profit-making company with a finite number of subscribers, and certainly not an association or a regulatory agency,” Akingbolu emphasised.

By law, the lawyer said, PRCAN Limited by Guarantee, being a private company ought not to have more than 50 members; otherwise it would need to apply to the Corporate Affairs Commission for registration as a Public Liability Company, PLC.

PRCAN Incorporation Profile

According to documents obtained by this reporter from the Corporate Affairs Commission in Abuja, PRCAN Limited by Guarantee was incorporated on 4th of May 2007. Its directors and subscribers are Emeka Maduegbuna, Benedicta Upaa Ayede, Adetokunbo Modupe, Mfon Amana, Idris Mohammed, Chido Nwakanma, Toye Ogunnorin, Osita Ike, Akin Peter-Thomas, and Ladosu Ogunmakin. Meanwhile, Mr. John Ehiguese, who is president of PRCAN Limited by Guarantee, is not listed among the directors or subscribers to the company.

Commenting on the development, another Lagos lawyer, Abednego Igboanego, stated that there is a great deal of ignorance surrounding the registration of corporate bodies in Nigeria. He advised that people wishing to set up companies or trade associations should contact knowledgeable and experienced professionals such as lawyers in order to be properly guided through the process.

Trade Association Cannot be a Regulator

Igboanego stated categorically that the Nigerian Institute of Public Relations Practitioners Act of 2004 is a law that can easily be accessed by anyone. “There is no bye-law attached to the act,” he said. “Anybody claiming that there is a bye-law empowering a voluntary trade association to play the role of government regulator is either ignorant, fraudulent or plain mischievous,” he added.

For weeks, Mr. Ehiguese has struggled to justify the letter which he jointly signed with Rotimi Oladele and issued to Guinness Nigeria, claiming that it was in a bid to cleanse the public relations industry. Last week via a motion reportedly moved by Yomi Badejo-Okunsanya of CMC, members of PRCAN Limited by Guarantee passed a vote of confidence on Ehiguese’s leadership, applauding his efforts at making the industry more professional. Ironically, it would appear that it is PRCAN that is more in need of professionalising. “It certainly does not have the powers that it claims to have,” stated Igboanego, adding that “no responsible government will empower a trade union or trade association to perform the role of a regulator.” At best, he said, a trade association can play the role of self-regulation, ensuring that all its members conform to a certain code of behaviour or practice.

Another lawyer Ayodeji Arowosebe agreed. “A doctor does not cease to be a doctor just because he does not belong to the Nigerian Medical Association, neither does a lawyer cease to be lawyer just because he does not belong to the Nigerian Bar Association,” he said.

Both NMA and NBA are mere trade associations and do not confer professional legality on anyone. While it is true, for instance, he said, that only a doctor can join the NMA, it is not membership of NMA that makes one a doctor. That role is performed by the Medical and Dental Council of Nigeria and the NMA does not go about claiming to “regulate” medical practice. In the same vein, while only a qualified pharmacist can join the Pharmaceutical Society of Nigeria, it is not membership of PSN that makes one a pharmacist. “There is a need for people to better understand these things,” he said, to avoid unnecessary embarrassment.

Tragedy of a Witch-hunt Gone Wrong

Abiola Ogusola a brand manager in an advertising company lamented that “what we are witnessing is a tragic case of a selfish witch-hunt gone wrong.” She added that, “The duo had intended to embarrass, intimidate and punish somebody, apparently for reasons best known to them. Instead they are the ones who now have to face the music.”

If reports reaching THISDAY are anything to go by, then there are indications that unless both gentlemen, Oladele and Ehiguese, apologise to Okoruwa over the next few days, a full-fledged litigation will be inevitable. Libel prosecution procedure, THISDAY gathered, are such that the litigant must first provide evidence to show that it offered the other party adequate opportunity to make amends and apologise for its actions, failure of which it proceeded to court. Oladele and Ehiguese have reportedly been requested to apologise and retract their defamatory letter since July, but till date, according to a source close to Okoruwa and his company, they have refused to do so.

In a telephone interview with THISDAY, Mr Ehiguese emphasised that the act that established NIPR empowers it to regulate Public Relations practice. He also stated that PRCAN derives its power from the bye law no 3 of 1993, which was created by NIPR to give the association the power of regulation in the industry. On the fact that PRCAN was not registered as an association, Ehiguese said he couldn’t explain the legal implication but pointed out that the body was out to bring the needed sanity to PR practice not to witch-hunt any individual or association.

It was gathered that the Permanent Secretary of the Federal Ministry of Information has since written to the NIPR, advising it to seek a peaceful resolution of the issue rather than wait for it to get to court.

As things stand, the marketing communications industry is likely to witness legal fireworks in the weeks to come.

Source:
http://www.thisdaylive.com/articles/prca-vs-xlr8-has-the-hunter-become-the-hunted-/221234/

May his gentle soul rest in peace.

The legislature is the real drain on our country. The worst part is that they don't do the thing that they were voted in to do.

Where can I buy that fire extinguisher?