I refer to the proceedings of the National Industrial Court, Abuja, held on Thursday, January 12, 2012, wherein leave was granted to the federal government to advertise it's motion on notice for an order of interlocutory injunction by substituted service in the newspapers.
I refer to the proceedings of the National Industrial Court, Abuja, held on Thursday, January 12, 2012, wherein leave was granted to the federal government to advertise it's motion on notice for an order of interlocutory injunction by substituted service in the newspapers.
It is highly regrettable that a legal practitioner appeared before that court in contravention of the subsisting directive of the Nigerian Bar Association for ALL lawyers to boycott ALL courts in Nigeria in support of the anti fuel subsidy removal protest. It was therefore thoroughly shocking that Chief Adegboyega Awomolo, SAN, appeared before the NIC to conduct proceedings as counsel representing the federal government. Two important issues have arisen from the conduct of the learned senior advocate.
First, he violated the directive of his own association by appearing in court. He chose to stand against all other lawyers in Nigeria who are currently pressurizing the federal government to reverse the policy of subsidy removal. I recall that when late chief Gani Fawehinmi violated a similar directive, his name was entered in the black book of the NBA.
Second, prior to the commencement of the case before the NIC, the NBA had issued a directive on all lawyers to boycott all courts. That should have been clear to all courts, all judges and all lawyers, least of all a senior advocate of Nigeria, that there will be no counsel to appear to defend the case on behalf of NLC and TUC. This is because the case was filed on Friday January 6, 2012, after the directive of the NBA had been issued. I therefore seek that the NBA should sanction all lawyers that have so far appeared before the NIC, including those from the Federal Ministry of Justice.
The case has been adjourned to Monday Jan 16. With the standing order of NBA on all lawyers, there will no lawyer to appear before the court to defend the NLC and TUC. And the case cannot be heard without a counsel representing them. I therefore urge His Lordship the chief judge of the NIC to suspend proceedings in the case indefinitely. The Bar and the Bench have been partners for long and no arm of the judiciary should attempt to sabotage the collective struggle of all lawyers. To continue with the proceedings beyond Monday Jan 16 is for the NIC to incite lawyers to disobey their national body. It is for the same reason that chief Fred Agbaje and The Sun newspapers cannot appear before the court.
The judiciary should never be portrayed to be anti-people. Even during the trying periods of military rule, it was the judiciary that salvaged our nation. There is no reason to depart from that lofty path of honour by the NIC.
Together we shall win.
Ebun-olu Adegboruwa
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