*Says The disputed order was published by reputable newspapers
*Says even the Edo State Governor Himself made reference To The Order
*Says However The Branch Can Tender Apology if The Order Doesn’t Exist
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The Nigerian Bar Association, NBA, Benin Branch, has reacted to the news that the interim order of the Federal High Court, Port Harcourt, restraining the Edo State Government from enforcing the vaccine mandate was a contrived court order.
In a statement made available to TheNigeriaLawyer signed by its Chairman, Pius I. Oiwoh and Secretary, A. O. Lawani, the Benin Bar said it never misled the public, rather, it was the Benin Bar that was misled because the purported court order was published by reputable newspapers and reference was made to the same court order by the Governor Obaseki himself.
The NBA Benin Branch however expressed readiness to apologize if the order does not exist
The statement reads, “Our attention has been drawn to news reports emanating from the Federal High Court, Port Harcourt that the news reports from that the Federal High Court restrained the Edo State Government from enforcing the vaccine mandate was a contrived court order. We have also become aware that the learned Senior Advocate of Nigeria, Mr Oluwole Iyamu, SAN (a distinguished member of the Benin Bar) has consequently accused the Benin Bar of misleading the public and the need for it to apologise to the Edo State Government, promising to do a letter to the Bar to that effect.
“We find the allegation of his very unkind and restate for the records that if anybody has been misled here, it is the Benin Bar for the following reasons:
“1. The court order which the Benin Bar referenced in the statement was published in various reputable news media e.g. Punch newspaper (https://punchng.com/court-restrains-obaseki-from-enforcing-covid-19-vaccination/), premium times (https://www.premiumtimesng.com/news/headlines/482224-covid-19-court-restrains-edo-govt-from-barring-unvaccinated-people-from-public-places.html), vanguard newspaper(https://www.vanguardngr.com/2021/08/just-in-court-stops-compulsory-covid-19-vaccination-in-edo/) among others. Apart from this we also sighted the now disputed court order which had the signatures of a registrar and a judge. As we are not a Bar to be associated with frivolities and haphazard methods, we did due diligence on this suit including doing our due diligence and the existence of this Court order was never disputed. We have also become aware that two cases were filed before the vacation court in Port Harcourt bordering on the same subject matter and the court ordered parties in one of the cases to maintain the status quo. This was published in newspapers which we have provided URL links to;
“2. The Governor of Edo State referred to the now disputed court order in his press statement on 1st September 2021 reported on Vanguard newspaper (https://www.vanguardngr.com/2021/09/covid-19-obaseki-challenges-court-injunction-on-compulsory-vaccination/);
“3. When reputable news media and a respondent to the suit refer to the now disputed court order, how is the Benin Bar responsible for misleading the public for a case where it was not a party or aware of the existence of the suit until it was widely circulated in the press? Lest we are accused of running to the press, It must also be noted that this now disputed Court order came into the public domain on 31 August 2021 and the Benin Bar released its statement on Wednesday 15 August 2021 which is 2 weeks after news media had reported and the Governor of Edo state had referred to the court order in his press statement as we were researching the matter;
“We will like to state for the record that our press statement on this issue was two-pronged and not just based on the now disputed court order but also based on the paucity of vaccines to get everyone vaccinated.
“The NBA exists to promote the Rule of Law and the defence of the rights of citizens. Therefore, wherever there is any assault or perceived assault of the citadel of justice, the Bar must speak out in the defence of our system of justice Administration. This is also the duty of every lawyer called to the Nigeria Bar as encapsulated in Rule 1 of the Rules of Professional Conduct 2007 which states that ‘A lawyer shall uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and Shall not engage in any conduct which is unbecoming of a legal practitioner.’
“Finally, we plead with all those involved not to drag the Bar into any war of attrition. If this court order does not exist, and apologies are being sought and tendered, the Benin Bar will be in the queue for an apology to be tendered to it by those who reported the existence of the now disputed court order. We once again restate our commitment to the rule of law for that is the foundation of the Constitutional democracy we practice.”
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