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Inibehe Effiong: A lawyer can be sent to prison by a judge for contempt

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Yesterday a popular and outspoken Nigerian lawyer and human right activist,  Mr. Inibiehi Effiong was sent to prison for one month by the Chief Judge of Akwa Ibom state, Her Lordship, Justice Ekaette Obot for contempt of court.

Some individuals have expressed concerns and genuine shock over the incident and have been asking around to know if a judge has the power to send a lawyer who is appearing before the court in defense of his client to jail for doing the job of representing his client.

Due to the circumstances surrounding this particular issue and the status of the persons involved especially the status of the person of her Lordship, Madam Obot, the Chief Judge of Akwa Ibom state; the purport of this piece is not to determine if her lordship is right or wrong to have sent a lawyer to jail for contempt (that can only be determined on appeal or by other judges) rather this piece purports to answer the question and educate readers “whether a judge has the power to send a lawyer appearing before him to jail for contempt and things that a lawyer can do in court while appearing in the court for the lawyer to be held to have committed contempt of court”.

Contempt of court is a serious offense and a lawyer will be said to have committed contempt of court if the lawyer does something that interferes with the powers of the Court to administer justice or does anything which may in any way obstruct the course of justice or tries to undermine the authority or power of the court to administer justice and the Court is entitled to invoke its innate powers to punish the person, be it a lawyer or a bystander by committing the person to prison till the person purges him or herself of the contempt and apologize to the court.

The legal profession is an honorable profession so there are laws and rules regulating the affairs of lawyers in court and even out of court. A lawyer is expected to be disciplined and display a high level of integrity and professionalism at all times.

In court, a lawyer is expected to conduct his case with utmost respect and discipline; respect and regard for the co-lawyers on the other side of the divide, and respect to the bench (the judge(s)). A lawyer should never on any account raise his voice on a judge or show any form of disrespect to a judge or never be seen to use some foul tone or foul language on a judge or while addressing other counsels or any other person present in court. If a lawyer does that he will be held to have committed contempt of court and a judge has the power to order the committal of the lawyer to prison till the lawyer purges himself of the contempt.

S. 31(1) of the Rules of Professional Conduct provides; A lawyer shall always treat the court with respect, dignity, and honour. Subsequently, S.35 of the same RPC further provides; A lawyer appearing before a judicial tribunal or court shall accord due respect to it and shall treat the tribunal/court with courtesy and dignity.

When a lawyer shows any sign of disrespect to a judge or disregard for the judicial process he will be held in contempt and will be ordered to step out of the bar and “derobe” himself.

The issue of whether a judge can send a lawyer to prison for contempt without giving the lawyer the chance to defend himself and exercise his right to a fair hearing will be an issue for discussion on a later day but it is totally lawful that a judge can send a lawyer to prison on grounds of contempt of court till the lawyer purges himself of the contempt.

Applying these established rules to what transpired between Barr. Inibehi Effiong and the Honorable CJ of Akwa Ibom yesterday, according to the eye witness report, it was said that Barr. Effiong raised his voice at the judge and addressed the judge in a rude and disrespectful manner, hence the reason why the judge ordered him to step out of the bar and derobe and sentenced him to a one-month jail term.

We all hope that caution will prevail and this issue between her honorable Lordship and the ferocious Barr Effiong will be settled amicably in no distant time.

 

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Naira’s Free Fall: Nigerian Senate Summons CBN Governor Godwin Emefiele

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The heartbreaking news of the naira hitting N710 per dollar in the parallel market on Wednesday has ignited an uproar, forcing Nigerian lawmakers to intervene.

NAN reports that the Senate has invited Central Bank governor Godwin Emefiele to a closed session to brief the parliament on the reasons for the rapid depreciation of the naira.

According to the report, the resolution reached at plenary on Wednesday also mandated the Senate Committee on Banking, Insurance and Other Financial Institutions to assess the impact of CBN intervention funds meant to support critical sectors of the economy.

This followed the adoption of a motion sponsored by Senator Olubunmi Adetunmbi (APC – Ekiti).

The motion was entitled, “State of CBN Intervention Funds and Free Fall Of Naira.”

Rising under Order 41 and 51 of the Senate Standing Order, as amended, Mr Adetunmbi decried Nigeria’s economic reality amid an urgent call for “extraordinary measures”.

He said that the CBN through its numerous multi-sectoral intervention funds, provided special funds to support critical sectors of the economy.

He explained that in view of such interventions, it had become necessary to assess the state of implementation and effectiveness of the funds deployed for the purpose.

Mr Adetubi recalled that the CBN in 2021, placed an indefinite halt on forex bidding by Bureau de Change operators (BDCS) and importers over allegations of abuse and mismanagement.

He observed that the halt by the CBN resulted in a spike of the exchange rate.

According to Mr Adetunmbi, the two instruments of Personal Travel Allowance (PTA) and Business Travel Allowance (BTA) could only serve less than 20 percent of the total forex demand by travelers and businesses.

He expressed worry that the import and export window meant to serve the forex needs of business giants, “has become a rare opportunity that only a privileged few can access.”

“These and a number of others have contributed to the excessive scarcity of forex in Nigeria today”, he added.

He noted that as of the 26th of July, the exchange rate in the autonomous segment (BDCS) of the foreign exchange market is N670 to one U.S. dollar and projected to end at N1000 by end of the year based on the current rate of depreciation.

He advised the Central Bank to take new measures to curb forex scarcity and address the sliding rate of Naira exchange.

In his contribution, Senator Sani Musa (APC – Niger),faulted the Central Bank’s decision to halt foreign exchange biddings, thereby cutting off the parallel market – Bureau de change operators.

According to him, the attempt by the CBN to control the value of the naira with the continuous exclusion of BDCs would only lead to its further depreciation.

He, therefore, advised the apex bank to rather ensure the regulation and monitoring of the parallel market.

“What CBN used to do was to give out 10,000 dollars to each of these BDCs with a clear directive for it not to be sold above N470 as against the 419 dollars exchange rate.

“But today, nobody is determining where the rate is going and I can assure you we can’t have that solution because we are only importing”, he said.

On his part, Senator Ahmad Babba-Kaita, said one way to improve the value of the naira was to encourage foreign investments to attract inflow of other currencies into Nigeria.

“The only way we can access the dollar will be determined by other economies and not ours”, he noted.

He, however, attributed the lack of foreign investments into Nigeria on the poor security situation caused by banditry, terrorism and other criminal activities.

The Senate, in its resolutions, called on the CBN to urgently intervene to stop the rapid decline in the value of the Naira vis-à-vis the Dollar and other international currencies.

It also mandated the Senate Committee on Banking, Insurance and Other Financial Institutions to conduct an assessment of CBN intervention funds and the declining value of Naira to come up with sustainable solutions.

Ndubuisi Ekekwe To Keynote an IEEE Nigeria Event on Saturday

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On Saturday, I will keynote the Institute of Electrical and Electronics Engineers  (IEEE) Nigeria Chapter event. The theme is Technology, Infrastructure and Business in the 21st century.  My presentation is titled “ The Technology of Nations in the 21st Century”. This is an industry event and I invite all young engineers to attend.

IEEE remains a vehicle to develop capabilities in our trade. Early in my career, I volunteered, serving as the Chairman of IEEE Boston Gold and later Chairman of IEEE Boston PACE, coordinating all the companies and universities in New England, including MIT and  Harvard University.

In Nigeria, we have to do the same – and deepen engineering practice in the nation. I hope to connect with everyone on Saturday. Thanks for the invitation. More details from IEEE Nigeria chapter but venue is NSE HQ Annex, 1 Engineering Close, Victoria Island Lagos.

#engineers – we build nations.

Download the program brochure here.

NIEEE Award to Ndubuisi Ekekwe
NIEEE Award to Ndubuisi Ekekwe

Stabilizing Nigeria’s Economy – PDP Presidential Candidate Atiku Abubakar Proposes $10 billion Economic Stimulus

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Nigeria’s economic growth has no doubt been constrained by so many factors ranging from insecurity, obstacles to investment, lack of confidence in currency valuation barriers to trade, etc.

The Economist Intelligence Unit earlier disclosed that it expects Nigeria’s economic growth to slow more than expected in 2022, as power-supply issues, high inflation, and expected monetary tightening output.

They posited that the slow economic growth will stem from continued erosion of household purchasing power by inflation, monetary tightening by the CBN and power supply issues, with low water levels and inadequate gas supply constraining production.

Also looking at Nigeria’s agricultural sector, it has been ravaged by Sporadic flooding, Insurgency crisis, and Conflicts between local farmers and herdsmen. This has put a strain on food production in the country as food inflation rose to 22.95% in Q1, 2021.

Recently on Twitter, a user with the username @AbuammarUp threw a question at the People’s democratic party presidential candidate, Atiku Abubakar asking him what he will do differently in the Agricultural sector to attract exports, raise the country’s GDP and stabilize the Naira if elected as President.

In his words, “If I had the chance to ask Atiku one question during his ARISEtv interview, I will have asked him, ‘What will you do differently in the Agric sector that you didn’t do as head of NEC when you were VP, to attract exports, raise our GDP and stabilize the naira?”.

In a response to the tweet, Atiku Abubakar proposed a handful of solutions which he created via a Twitter thread.

See what he said;

“Dear @AbuammarUp, to grow the economy (raise GDP), export more, and stabilize the naira are all interrelated stimulating exports requires a coherent and investor-friendly foreign exchange policy that improves the global competitiveness of domestic enterprises.

“Larger volume of non-oil exports will earn more foreign exchange for Nigeria, improve our foreign reserves, and help in stabilizing the Naira. All of these will contribute to growth in GDP. What will I do?

“First, we will restore investor confidence in our economy so that they take the risk and invest capital, especially in the non-oil sector. This we can achieve by being more consistent and coherent in our economic policies (policy flip-flops send investors away). Also, by fighting insecurity, investment is a cowardly animal and fears conflict and insecurity.

“Secondly, within the first 100 days in office, we shall unveil an Economic stimulus fund with an initial investment capacity of approximately US $10 billion. This is to support private sector investments in infrastructure and to prioritize support to agriculture, manufacturing, and the MSMEs across all the economic sectors, as they offer the greatest opportunities for achieving inclusive growth.

“In the agricultural sector, we shall elevate irrigation to a top policy priority and support both the smallholder and commercial farmers to cultivate at least 10% of the potential irrigable land. (Currently, only 2% is under cultivation)- AA”.

Atiku Abubakar has continued to show his preparedness for the position as the president of Nigeria, as he has on several occasions proffered solutions to the nation’s myriad problems. However, some citizens have faulted these solutions being proffered by political leaders stating that they are more used to offering theoretical solutions than being practical.