‘NBA Should Punish Monday Ubani For Misconduct’ – EFCC

‘NBA Should Punish Monday Ubani For Misconduct’ – EFCC

The Economic and Financial Crimes Commission, EFCC, has reacted to a
statement by the Nigerian Bar Association, NBA, entitled, NBA Condemns
The Unlawful Detention of Monday Ubani by EFCC, Demands Immediate
Release,” wherein it condemned the Commission for allegedly refusing to
charge to court or release one of its members, Monday Ubani.

The statement signed by the National Publicity Secretary of the
Association, Kunle Edun, and syndicated in sections of the media today
April 2, purports that Ubani is still being detained despite the order
of Justice Sylvanus Oriji of the Federal High Court, for the EFCC to
“charge Monday Ubani, a former 3rd Vice President of the NBA and his co-
applicant to court on or before Friday, 28 March, 2019… or release them
on bail”.

“It has been 3 days after the order of the court was made and the
EFCC has characteristically shown daring disobedience to the order of
court by refusing to release Monday Ubani on bail or charge him to
court,” the association said. And then the clincher, it added that “the
agency’s penchant for disobedience to orders of court is an ominous
threat to rule of law and impacts negatively on Nigeria’s investment
environment”.

It is regrettable that the NBA opted to vilify the Commission over a
purported order that is based on an ex parte motion by Mike Ozekhome,
SAN, Counsel to Ubani, without any objective attempt at reviewing the
facts of the case between the EFCC and Ubani.

Unknown to the bar leadership, there are, at least, three different
motions before the court on this matter. The applicants have a pending
motion on notice for bail. They also filed a motion ex parte for bail.
All the Commission is waiting for are dates for the motions to be
argued.

The NBA must be mindful not to succumb to the wiles of members whose
conducts detract from the lofty ethical standards of the bar.

Instead of rebuke, the Commission expects the NBA to remonstrate with
Monday Ubani for flouting one of the time honoured rules of
professional conduct by legal practitioners, which forbids lawyers from
standing surety for their clients. Rule 37(1) of the Rules of
Professional Conduct, states: “where a lawyer undertakes the defence of a
person accused of a crime, he shall exert himself, by all fair and
honourable means, to put before the court all matters that are necessary
in the interest of justice, but shall not stand or offer to stand bail
for a person for whom he or a person in his law firm is appearing.”

By standing surety for Dr. Ngozi Olojeme, former Chairperson of the
National Social Insurance Trust Fund (NSITF), his client and suspect in a
fraud case before the Commission, Ubani is liable for misconduct, for
which the EFCC expects the NBA disciplinary committee to take
appropriate action.

Contrary to the attempt to portray the Commission as one that thrives
on impunity, Ubani has already been brought before the court by the
EFCC. This fact is reflected in the statement he made to the Commission
on September 13, 2018 wherein he stated: “Today, we were in court and my
role in the whole saga was explained to the court and the court
adjourned the matter to 6th of December, 2018.”

By “the saga”, Ubani is referring to his role as surety for his
client, Dr. Olojeme, a prime suspect in the N68billion NSITF fraud.
Olojeme and a former Managing Director of the agency, Umar Munir
Abubakar allegedly mismanaged and diverted into personal accounts the
total sum of N50billion Employee Compensation Scheme (ECS) funds paid in
by Ministries, Departments and Agencies and other companies since 2011
and another N18billion, being contribution by the Federal Government as
take off grant to the NSITF.

Following investigation into this fraud, which coincided with the
dissolution of the NSITF board in 2015, Olojeme fled the country. She
was placed on a watch list for over a year while other suspects in the
case were arrested and questioned. A 26-count charge bordering on
criminal breach of trust, abuse of office and diversion of public funds
was filed before a Federal Capital Territory High Court in charge No.
CR/365/17 against the defendants with Olojeme listed as being at large
at the time.

However, on December 18, 2017, Olojeme turned herself in, and was
interviewed and subsequently released on administrative bail on January
2, 2018, to two sureties namely, Monday Ubani and Hon. Christopher Enai.
The sureties as part of the bail bond, agreed to forfeit to the federal
government the sum of N1billion each, should they fail to produce
Olojeme whenever she was needed.

After she reported to the Commission, the charge was amended to
include Olojeme. However before the next date of arraignment she fled
the country. The sureties were called several times, the last being
March 19, 2019, to produce her but failed. Consequently, the Commission
filed a recognisance process against them on March 21, 2019 at the FCT
High Court 7, Apo, Abuja which they have duly responded to by filing
preliminary objection.

The Commission is waiting for the court to fix a date for the parties to argue the applications