The controversy surrounding the appointment of Augustine Oyarekhua Alegeh, SAN, as the Chairman of the Appointments Committee at the Body of Benchers has taken a new turn.
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In a detailed response to the current Chairman, Chief Adegboyega Awomolo, SAN, the Secretary of the Body of Benchers, Daniel M. Tela, Esq., has defended Alegeh’s appointment, revealing that it was based on verbal directives from the immediate past Chairperson, Hon. Justice Mary Ukaego Peter-Odili.
Tela’s letter, dated June 5, 2024, sheds light on the inner workings of the Body of Benchers and the processes involved in appointing committee members. The Secretary emphasizes that the Secretariat acts solely on the directives of the Chairman, be it oral or written, and has never unilaterally appointed any Bencher to serve on a committee.
According to Tela, he had suggested to Justice Peter-Odili that the Chairman of the Benchers Appointment Committee should come from the Bar, given that the previous Chairman had served two consecutive terms from the Bench. Subsequently, Alegeh, a Life Bencher and former President of the Nigerian Bar Association, was appointed based on the verbal approval of the then-Chairperson.
Tela’s letter also reveals that several appointments and directives within the Body of Benchers have been carried out based on verbal communication or SMS, a practice that he claims is not uncommon. He cites instances where appointments of Hon. Justice Ejembi Eko and Hon. Justice Sidi Bage as members of the Body of Benchers were made under Justice Peter-Odili’s chairmanship based on oral directives.
The Secretary further details the process leading to Alegeh’s appointment, including the expiration of tenure for some members of the Appointments Committee and the suggestion to replace them with Life Benchers. He claims that Justice Peter-Odili nominated specific individuals, including Hon. Justice K.B. Akaahs, OFR, Hon. Justice P.A. Galumje, and Hon. Justice A.N. Nwankwo, through her Personal Assistant via WhatsApp.
Click here to download the full letter.
Tela’s letter also addresses the confusion that arose during a meeting of the Benchers Appointment Committee on May 22, 2024, when both Alegeh and Prof. Yusuf O. Ali, SAN, claimed to be the rightful chairman. He states that he informed Justice Peter-Odili about the incident, but she responded by saying they should “sort themselves out.”
The Secretary emphasizes his commitment to advising and guiding the Chairman with honesty and integrity, and expresses concern about the negative impact of recent events on the Body’s image and integrity.
Below, read the full text of his letter.
5th June, 2024
Chief A. S. Awomolo, SAN Chairman,
Body of Benchers Plot 182,
444 Crescent Citec Villa (Victoria’s Court) Gwarimpa, Abuja.
Sir,
RE: FHC/L/CS/887/2024
AUGUSTINE OYAREKHUA ALEGEH, SAN
V
1. CHIEF ADEGBOYEGA AWOMOLO, SAN
2. THE BODY OF BENCHERS
I acknowledge receipt of your letter dated June 3, 2024, regarding the above subject matter. I appreciate the opportunity to clarify certain issues that have been raised, which I believe are essential to maintaining the integrity and credibility of the Body of Benchers. The letter raises issues of serious concern to me as it bothers on my credibility, integrity and personality. As the Secretary of the Body of Benchers, I have had the privilege of serving under five Chairmen, including yourself. Throughout my tenure, I have maintained a cordial working relationship with each Chairman, even when we have held differing opinions on certain matters. My approach has always been to advise and guide, while ultimately carrying out the directives of the Chairman, as is my duty. The Secretariat, which I head, is responsible for the day-to-day administration and execution of the Body’s programs and policies. In this capacity, I have received directives from various Chairmen and Vice Chairmen, both orally and in writing. I have never challenged or questioned these directives, even when they may have appeared to contradict the Body’s Regulations. At best, I give my opinion and advise accordingly.
Regarding the appointment of Committee members, I wish to clarify that the Secretariat acts only on the directives of the Chairman issued orally or in writing. I say this on my honour. The Secretariat sometimes makes suggestions to the Chairman who is the final authority. In the instant case, I suggested to the then Chairman, Hon. Justice Mary U. Peter-Odili, CFR, JSC (Rtd), DSSRS, that the Chairman of the Benchers Appointment Committee should come from the Bar, given that the previous Chairman had served two consecutive terms from the Bench. Mr. Augustine Alegeh, SAN, being a Life Bencher and past President of the Nigerian Bar Association was subsequently appointed as Chairman, based on the verbal approval of the Chairman.
May I state for the record that the above appointment is not the first to be done based on verbal communication or via SMS. There are other Chairmen and members of Committee whose appointments were made on the basis of such verbal communication. That is why the steps taken on the appointment of Mr. Alegeh, SAN and other members of the Committee was not strange. Prior to this, I verbally drew the attention of the immediate past Chairman to the expiration of the tenure of the Chairman, Benchers Appointment Committee, Hon. Justice Umaru Abdullahi, CON and some of the members wherein it was agreed that they be notified of the expiration of their tenure, some having served beyond the stipulated tenure. Letters were issued notifying the following of the expiration of their tenure as members of the Benchers Appointment Committee having been appointed on the 8th of February, 2018: Hon. Justice Umaru Abdullahi, CON, Chief Albert Akpomudje, SAN, Ichie L.M.E. Ezeofor, Hon. Justice Oyebola Ojo. This means their tenure ought to have expired on the 8th of February, 2024 having served two (2) consecutive terms. I further suggested to the Chairman the need to replace the Benchers whose tenure have expired. I specifically suggested that the nominees to serve on the Committee should be Life Benchers in view of the peculiar function of the Committee.
Following the above suggestion, the Chairman requested for the list of members of the Body of Benchers which I forwarded through her PA via WhatsApp. The Chairman, through her PA nominated Hon. Justice K. B. Akaahs, OFR, Hon. Justice P. A. Galumje, Hon. Justice A. N. Nwankwo and Mr. D. D. Dodo, OFR, SAN. The list was sent to me via WhatsApp. I drew the attention of the Chairman through her PA on WhatsApp that Mr. Dodo, SAN was already a member of two (2) Standing Committees of the Body, and based on the Body of Benchers Regulations (as amended), no Bencher shall serve on more than two (2) Standing Committees of the Body which the PA responded that she will get back to me. Subsequently, the PA sent me the name of Hon. Justice Uzo Anyanwu as replacement for Mr. Dodo, SAN.
It is for the foregoing reason that Hon. Justice P. A. Galumje attended the meeting of the Benchers Appointment Committee held on 22nd May, 2024 and today he remains a member of the Committee. I wish to emphasize that I have always acted in good faith and in accordance with the directives of the Chairman. I have never unilaterally appointed any Bencher to serve in any Committee, and I cannot do so. My loyalty to the Body and its leadership remains unwavering, even in the face of differing opinions or challenges. Sir, you may recall that by a letter dated 16th April, 2024, I forwarded the list of members of the Committees of the Body indicating the date of appointment of each Committee member as requested. The names of the aforementioned Benchers were included on the list, particularly at page 5.
(Copy attached for ease of reference). Sir, if I was not directed, how could I have included their names on the list of the Benchers Appointment Committee which I forwarded? Sir, you may further recall my observations to you on the 26th of April, 2024 regarding the reconstitution of the Committees of the Body where I expressed some concerns and reservations and also mentioned the appointment of the Chairman of the Benchers Appointment Committee. However, I still followed your directives being the Chairman and knowing you have the final say and issued appointment letter to Prof. Yusuf O. Ali, SAN as Chairman of the Benchers Appointment Committee as well as other Benchers appointed into various Committees as reconstituted. God forbid that a day will come when the Secretariat will refuse to carry out the directives of the Chairman of the Body on account of the manner in which the directives was issued.
I must state that most instructions given to the Secretariat to act are done orally. It is rare to see a written instruction. As a matter of fact, it is the Secretariat that usually raises a Memo for the Chairman’s approval not the other way round. There are several instances where such memos have been raised or letters written to a Chairman for his information and further directives or necessary action and the response comes either orally or via SMS or WhatsApp messages. Out of respect and in line with the usual practice, the Secretariat carries out the directives. With the recent development, should the Secretariat only act upon written directives given to it for the records? To my mind, the answer should be yes. This way, the records will speak for itself.
I have received oral directives from various Chairmen on several occasions which were duly carried out. This include the issuance of appointment letters to Hon. Justice Ejembi Eko and Hon. Justice Sidi Bage as members of the Body of Benchers in October, 2023 under the chairmanship of the immediate past Chairman, the circulation of the list of reconstituted Committees to all members on 29th April, 2024, the directive that appointment should be for a period of two (2) years and issuance of letters to Benchers who objected to their removal from Committees informing them of their continued membership of the particular Committee. I have also received oral directives regarding changes to meeting dates, Call to Bar ceremonies and Traditional Law Dinners.
Permit me to state for the record that after the incidence that took place on the on the 22nd of May, 2024 during the meeting of the Benchers Appointment Committee wherein both Prof. Yusuf O. Ali, SAN and Mr. Augustine Alegeh, CON, SAN claimed to be the rightful chairman of the Committee, I thought it wise to mention to the immediate past Chairman about the embarrassing situation for two (2) reasons; first because the list of nominees for appointment as Benchers which My Lord the then Chairman recommended for appointment was brought up in the course of the meeting and adjourned for consideration on the 26th of June, 2024. Secondly, to draw My Lord’s attention to the fact that Mr. Alegeh, SAN who was appointed during her tenure and Prof. Ali, SAN appointed under the leadership of the current Chairman were laying claim to the position of Chairman of the Committee and expressed my worries about the effect of such incident on the image of the Body. I made this call on the 23rd of May, 2024. In response, My Lord thanked me for the information and also told me not to allow anything disturb me, stating that they will sort themselves out.
To my mind, after the report of the incident, the question as to how Mr. Alegeh, SAN and Prof. Ali, SAN were both appointed to chair the Committee would have risen. But none. On the contrary I was told not to allow anything disturb me and that they would sort themselves out.
I was shocked that by a letter dated 3rd June, 2024 I was issued a query alongside the letter written by the immediate past Chairman dated the same 3rd June, 2024 denying knowledge of the appointment of Mr. Alegeh, SAN. I placed a call to My Lord to find out if the letter actually emanated from her and I was surprised to receive a response to the effect that she tried reaching out to me earlier but I was not picking and she had to put together the letter and does not want anything to do with the issue of the Appointment Committee as it was not her position. I reminded my Lord of our discussion on the issue and the subsequent correspondence but my Lord maintained her position. The conversion ended with a plea that I should ‘find a way to help Awomolo’. I said I have been doing so, but with the content of the letter, I kept wondering how? At the detriment of my integrity, reputation and career, because the content of the letter is damaging to my person. I have been pondering on the import of the statement. I have never and will never work against the interest of any Chairman nor betray the trust reposed on me.
I have been inundated with calls on the fact that that the immediate past Chairman did not authorized nor approved the appointment and that I have been queried. I am still wondering how the letter got to the public space. May I further state that since my assumption of office, this is the first time I am receiving a query from any Chairman of the Body regarding actions I took in good faith and based on approval given by the Chairman.
I am concerned about the negative impact of recent events on the Body’s image and integrity, it has been a major distraction for me in the smooth operation of the Secretariat. I pray that these events will soon come to an end, and I remain committed to advising and guiding the Chairman with honesty and integrity.
I have always ensured that the image of the Body and that of the leadership is always protected by not making certain comments and actions public even when it sometimes portrays me and the Secretariat in bad light. My loyalty to the Body and its leadership at all levels remains intact. In my humble view, what is most important at this stage is finding a solution rather than blame game. It is never too late to make things right for the good of the Body.
Thank you once again sir for the opportunity to respond.
I so submit.
Daniel M. Tela, Esq
Secretary, Body of Benchers
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