Threatens LPDC Sanctions Against Lawyers Violating Section 83, Calls For Immediate Release Of Those Arrested Over Elumelu Publication, Defends ECNBA Constitution, And Presents AI Collaboration To NEC
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
NBA President Mazi Afam Osigwe SAN has warned the Minister of the Federal Capital Territory, Nyesom Wike, that “no public official possesses unilateral powers to seal private premises, organisations, or institutions except in accordance with due process of law,” calling on the minister and all public office holders to “exercise restraint in public statements capable of conveying threats of extra-legal action or abuse of executive authority,” in an executive report delivered at the National Executive Council Meeting of the Nigerian Bar Association held in Awka, Anambra State, on Thursday.
The Awka NEC Report, the penultimate report of Osigwe’s administration before the pre-Annual General Conference NEC meeting, covered an extraordinary range of national and professional issues including the Wike threat, a demand that the Federal Government discontinue the court martial proceedings against alleged coup plotters, a call for the immediate release of persons arrested over the Tony Elumelu divorce publication, a warning that lawyers who file suits violating Section 83 of the Electoral Act will face LPDC proceedings, a comprehensive defence of the ECNBA’s constitution against two lawsuits now at the Court of Appeal, condemnation of the Palm Sunday killings in Jos, condemnation of extrajudicial killings in Delta State, condemnation of judicial intimidation of lawyers, the introduction of an AI-powered legal technology platform for NBA collaboration, and the deployment of a Smart Identity Card for lawyers.
Osigwe drew NEC’s attention to statements attributed to Wike in relation to internal disputes within the PDP, warning that the minister had threatened to seal premises and bank accounts of any PDP faction that attempted to operate outside the recognised structure.
“The statements have generated significant public concern, particularly regarding the scope of powers exercisable by public office holders and the constitutional limits of executive authority,” Osigwe stated.
He was emphatic about the legal position: “It is important to state that no public official possesses unilateral powers to seal private premises, organisations, or institutions except in accordance with due process of law and pursuant to lawful authority exercised within clearly defined statutory limits.”
“Any action affecting the rights of citizens, political associations, or corporate entities must be anchored on lawful procedures and subject to judicial oversight where necessary. Public pronouncements suggesting otherwise risk creating the impression of executive overreach and may undermine public confidence in constitutional governance,” Osigwe stated.
He invited NEC to call on Wike and “all public office holders to exercise restraint in public statements capable of conveying threats of extra-legal action or abuse of executive authority,” adding that “holders of public office must remain guided by the Constitution, the rule of law, and the principles of democratic accountability in both conduct and communication.”
In one of the report’s most consequential interventions, Osigwe demanded that the Federal Government discontinue the ongoing General Court Martial proceedings against 36 alleged coup plotters.
He stated that “the allegations, by their nature, appear to raise serious constitutional and jurisdictional questions” and that “offences of such gravity, particularly those bordering on treason and related civil offences, ought to be tried before courts of competent jurisdiction established under the Constitution, with full guarantees of fair hearing.”
“The resort to a court-martial in this context has raised legitimate issues regarding adherence to due process, transparency, and the protection of the constitutional rights of the accused persons,” Osigwe stated.
The NBA president then proposed a resolution that would prohibit lawyers from appearing in court-martial proceedings: “We hereby propose that NEC shall pass a resolution that no lawyer shall appear in lawyer’s robes before the court-martial.”
The proposal, if adopted by NEC, would effectively create a professional boycott of the court-martial proceedings, denying the tribunal the participation of lawyers in their professional capacity and raising fundamental questions about whether the proceedings can continue without counsel.
Osigwe directly addressed the arrest of three individuals over false claims that UBA Chairman Tony Elumelu had divorced his wife, demanding their immediate release and framing the arrests as an abuse of criminal process.
“The incident generated significant public reaction, including commentary by civil rights advocates who questioned the propriety of deploying criminal law enforcement mechanisms in a matter fundamentally rooted in defamation and reputational injury,” Osigwe stated.
“The use of arrest and detention in matters relating to publication, defamation, or personal reputation risks undermining constitutional safeguards, particularly the rights to personal liberty, freedom of expression, and fair hearing,” the NBA president stated.
“While false and damaging publications may have legal consequences, such matters must be addressed within the appropriate legal framework. Civil remedies, including actions for defamation, provide adequate avenues for redress without resorting to coercive state power,” Osigwe stated.
“The criminalisation of such disputes creates the impression of abuse of police powers of arrest and may have a chilling effect on lawful expression,” he added.
“We therefore demand the immediate release of any person arrested for such publication,” Osigwe declared.
On the political crisis surrounding the 2027 elections, Osigwe warned that lawyers who file suits challenging the internal affairs of political parties in violation of Section 83 of the Electoral Act 2026 will face disciplinary proceedings.
“The Association expressed serious concern over the increasing trend of lawyers filing actions in clear violation of this provision, as well as courts granting interim and interlocutory orders in matters over which they lack jurisdiction,” Osigwe stated.
“Lawyers must not abandon their role as Ministers in the Temple of Justice to become instruments of political manipulation. Any legal practitioner found to be engaging in such conduct would face disciplinary proceedings before the Legal Practitioners Disciplinary Committee,” Osigwe declared.
He also called on the judiciary to “exercise restraint and adhere strictly to statutory provisions,” urging the National Judicial Council “to sanction judicial officers who knowingly assume jurisdiction in prohibited matters.”
He further warned INEC to “act with neutrality, independence, and fidelity to democratic principles,” adding that “the Bar will deploy all lawful mechanisms to prevent the misuse of judicial processes and protect Nigeria’s democracy.”
Osigwe provided a comprehensive defence of the process by which the ECNBA was constituted, addressing the Egbe Amofin Oodua suit and the Ibrahim Lawal suit, both filed at the High Court of Oyo State.
He detailed how the recommendations of the National Executive Committee were presented before NEC at the Benin NEC Meeting on November 20, 2025, “where a motion for the appointment of the ECNBA members was duly moved by Chief Richard Ahonaruogho SAN, seconded by Mr. Clever N. Owhor, Chairman of the Gwagwalada Branch, and overwhelmingly approved without any counter-motion.”
He noted that the Ibrahim Lawal suit initially obtained an interim injunction restraining the ECNBA, but the NBA filed a Notice of Appeal and the trial court subsequently “adjourned the matter sine die pending the determination of the appeal.”
“At the time the suits were adjourned pending appeal, no valid subsisting order existed restraining the ECNBA from continuing with the electoral process. Consequently, there remains no legal impediment preventing the ECNBA from discharging its constitutional mandate,” Osigwe stated.
On electoral neutrality, he stated: “While the Constitution preserves the personal right of members to vote, it clearly prohibits open endorsement of candidates by the leadership of the NBA. This provision will be strictly observed.”
He also addressed the “increasing monetisation of NBA politics,” calling it “a matter of serious concern” that “undermines the values, dignity, and integrity of the Association.”
Osigwe acknowledged the Federal High Court judgment in Nwadike v. NBA that struck down the linking of CPD compliance to practising licences, stating that the NBA had “taken steps to comply fully with the order by discontinuing any enforcement of CPD requirements in a manner inconsistent with the judgment.”
“While the objective of continuing professional development remains essential for maintaining competence, the Court held that enforcement mechanisms must align strictly with the law,” Osigwe stated.
“The Association will continue to promote CPD through lawful, structured, and incentive-based mechanisms that encourage professional growth, without infringing on the rights of practitioners,” he added.
Osigwe strongly condemned the attacks on innocent residents in Jos on Palm Sunday, March 31, 2026, describing the killings as “both tragic and unacceptable, particularly as they targeted citizens engaged in peaceful religious observance.”
He expressed “grave concern over the recurring pattern of violent attacks across the country and the apparent climate of impunity that allows perpetrators to evade justice,” calling on security agencies to “take immediate and decisive action” and on governments to “strengthen security architecture in vulnerable communities.”
The NBA condemned the killing of a suspect by police officers in Delta State captured in a viral video, with Osigwe directing the Human Rights Committees of the NBA in Warri, Effurun, and Udu to “actively monitor developments.”
“No law enforcement officer, regardless of rank or circumstance, has the authority to act as prosecutor, judge, and executioner,” Osigwe stated, calling for prosecution of “all persons involved.”
In one of the report’s most extensive sections, Osigwe condemned judges who have detained lawyers under the guise of contempt proceedings, including incidents where counsel was allegedly punished for statements in written addresses and lawyers were compelled to “kneel or face walls under threat of contempt.”
“The power to punish for contempt is not intended to serve as a tool for personal vindication or judicial ego, but rather to protect the administration of justice,” Osigwe stated.
Quoting Lord Tucker in Izuora v. The Queen and Justice Oputa, he stated: “It is not every act of discourtesy to the Court by Counsel that amounts to contempt. A distinction must be drawn between what may annoy a Judge and what amounts to contempt.”
“When judicial authority is exercised in a manner that intimidates, humiliates, or suppresses counsel, the courtroom ceases to be a temple of justice and risks becoming a theatre of fear,” Osigwe stated.
He warned that “failure to address such conduct could result in coordinated institutional responses, including boycotts.”
Osigwe addressed the arrest and remand of a social media content creator known as “Justice Crack” over a viral video depicting alleged poor feeding conditions for soldiers, noting that “the case has raised important questions regarding the propriety of resorting to criminal prosecution in matters involving the dissemination of information of public interest.”
“The Constitution guarantees the right to freedom of expression, subject only to limitations that are reasonably justifiable in a democratic society. We urge relevant authorities to ensure that all actions taken in respect of this matter comply strictly with constitutional safeguards and due process requirements,” Osigwe stated.
Osigwe highlighted the Federal High Court judgment in Maxwell Nosakhare Uwaifo v. Inspector-General of Police, which affirmed citizens’ constitutional right to record police officers in the discharge of their duties in public spaces, noting that “no law in Nigeria criminalises such conduct” and that “any attempt by law enforcement officers to harass, intimidate, arrest, or seize the devices of citizens solely on the basis that they are being recorded is unlawful.”
Osigwe drew NEC’s attention to Amnesty International reports alleging that the Imo State Police Command’s “Tiger Base” anti-kidnapping unit has been involved in “extrajudicial executions, torture, extortion, and arbitrary detention.”
He quoted Amnesty International: “Tiger Base has become synonymous with the police operating outside of the law and abusing their power to enrich themselves through extortion. Those arrested and detained by the unit are subjected to torture and ill-treatment; they never come out intact.”
Osigwe condemned xenophobic attacks against Nigerians in South Africa, calling on both the Nigerian and South African governments to act.
He highlighted the case of an Ondo State Customary Court President who, “reportedly due to inadequate welfare provisions, resorted to the use of commercial transportation and was subsequently involved in an accident,” calling on governments to “prioritise the welfare of judicial officers.”
Osigwe disclosed that the NBA formally petitioned the ICPC, “calling for an investigation into public statements made by political actors, including Senator Rabiu Musa Kwankwaso and others, which appeared to suggest attempts to influence judicial outcomes.”
Osigwe invited NEC to consider endorsing AccessJustice.Global (JUSTICE-AI), an AI-powered legal technology platform, for NBA collaboration, describing it as offering “enhanced income opportunities through digital engagement, improved efficiency via AI-powered tools, and expanded professional reach.”
The report introduced the NBA Smart Identity Card with free provision for young lawyers within 0-7 years post-call, proposed the creation of two new branches in Akoko (Ondo State) and Bida (Niger State), and constituted an NBA Sections’ Election Appeals Committee chaired by Babatunde Ogala SAN.
Osigwe concluded by noting that the Awka NEC represented “a defining moment in the life of this administration as we approach the conclusion of our tenure.”
“We urge members of Council to engage constructively in our deliberations and remain committed to the ideals that define our noble profession. Together, we must ensure that the legacy of this administration is one of integrity, courage, and meaningful impact,” Osigwe stated.
AWKA NEC REPORT MAY 2026 (UPDATED)The report, covering over 118 paragraphs across 42 pages, represents the most comprehensive accounting yet of the Osigwe administration’s activities, interventions, and positions on national and professional issues, delivered in the president’s home state of Anambra as his tenure approaches its conclusion.
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
_______________________________________________________________________ [A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
