- Says she’s not aware of his appointment as BoB Appointment Committee chair
- Chief Awomolo, SAN issues query to BoB scribe, Tela
- My whole story—BoB Secretary
Regarding the appointment of Committee members, I wish to clarify that the Secretariat acts only on the directives of the Chairman issued orally or in writing
A former Justice of the Supreme Court and immediate past Chairman of the Body of Benchers (BoB), Justice Mary Peter-Odili has disowned the appointment of a one-time President of the Nigerian Bar Association (NBA), Mr Augustine Oyarekhua Alegeh, SAN as the Chairman of BoB’s Appointment Committee.
Justice Odili, in a letter of clarification dated June 3, 2024 and addressed to her successor, Chief Awomolo, SAN, said she was not aware of the appointment as claimed by both Alegeh, SAN and the Secretary of the Body of Benchers, Daniel M. Tela Esq.
The letter signed by Justice Odili and dated June 3, 2024, titled: Re: Appointment to Serve as Chairman of the Body of Benchers Appointment Committee, reads: “I have just got a copy of the letter signed by Daniel M. Tela Esq, Secretary, Body of Benchers on the above titled subject dated 28h March, 2024.
“It is with great shock to read the content of the letter which in effect means that I, as outgoing Chairman of the Body of Benchers, authorized the said appointment.
“I could not have embarked on such an appointment of Augustine Alegeh, SAN as Chairman of Appointment Committee for the following reasons:
- I had made it known to the administration that I had no interest in reconfiguring the Appointment Committee during my tenure
- I could not have embarked on such a process on the day I chaired the last meeting of my tenure, which meant that the appointment would not be presented to the House for approval before the letter to the candidate
- I would not have entered into the restructuring of the Appointments Committee without reference to the vice-chairman with whom I worked as a team
“I am placing above views on record to clarify the situation which is clearly an embarrassment to me and yourself, Chairman of Body of Benchers.
“Therefore, I urge that the anomaly should be rectified and my person removed from being part of the said appointment of Augustine Alegeh, SAN as chairman of the Appointment Committee.
“I want to therefore categorically state that I did not make that appointment,” she signed off.
The controversial appointment of the former NBA chief, Mr Alegeh, SAN had divided the Body of Benchers lately with some of its members taking sides.
Mr. Augustine Alegeh, SAN, being a Life Bencher and past President of the Nigerian Bar Association was subsequently appointed as Chairman, based on the verbal approval of the Chairman
The Body of Benchers (BoB) is the legal body of practitioners of the highest distinction in the legal profession, which is responsible for the formal call to the Bar of persons seeking to become legal practitioners as well as disciplining of erring lawyers.
Awomolo, SAN took over the leadership of BoB from Justice Peter-Odili on April 1, 2024 and reconstituted some of the BoB’s committees including its Appointment Committee hitherto headed by a former President of the Court of Appeal, Hon. Justice Umaru Abdullahi, CON, having done two terms which expired in February 2024.
But Alegeh, SAN, has been flagging a letter dated March 28, 2024 to claim the chairmanship of the Appointments Committee of the BoB.
The Appointment Committee is one of the key committees of the BoB which vets nominees for membership of the august body.
Awomolo, SAN who claimed that he worked closely with the immediate past Chairman of BoB, Justice Mary Odili said he was not aware of any appointment of Alegeh as Chairman of the Appointments Committee.
I have just got a copy of the letter signed by Daniel M. Tela Esq, Secretary, Body of Benchers on the above titled subject dated 28h March, 2024. It is with great shock to read the content of the letter which in effect means that I, as outgoing Chairman of the Body of Benchers, authorized the said appointment
According to a court document filed by Alegeh, SAN, efforts by the duo of Awomolo and Alegeh to trash out the matter informally yielded no fruit.
Awomolo, SAN however went ahead upon assumption of office, to set the body’s machinery in motion to direct the body’s Secretary, Daniel M. Tella to issue letters to the new members of the Appointment Committee with Prof Yusuf Ali, SAN as its chairman.
But following the issuance of the letter to Prof Ali, SAN as the new chairman of the Appointment Committee, the erstwhile NBA President, Mr Alegeh, SAN went before a Federal high court, Lagos to secure an order directing Chief Awomolo, SAN to recognize him as the authentic chairman of the Appointment Committee pending the hearing of the suit.
Alegeh, SAN, had, in the suit, claimed that by a letter dated March 28, 2024 signed by the Secretary of the Body of Benchers, Daniel M. Tela, he is and remains the incumbent chairman of the BoB’s Appointment Committee for a period of three years.
He claimed that he was appointed by the administration of the immediate past Chairman of the BoB, Justice Peter Odili.
Indeed, at a meeting of the Benchers Appointment Committee on May 22, 2024, there was a drama between Prof. Yusuf O. Ali, SAN and Mr. Augustine Alegeh, CON, SAN over who is the rightful chairman of the Committee.
The meeting of the Committee could not hold until Mr Alegeh, SAN secured an interim order of the court recognizing him as the chairman of the committee pending hearing of the motion on notice.
In the originating summons dated May 27, 2024 filed by Alegeh, SAN on the matter, and the accompanying affidavit, he had raised various issues regarding Awomolo’s purported failure to abide by the BoB’s regulation on appointment of committee members and general running of the affairs of the body with a request to sack him from further directing the affairs of the august body of lawyers.
Specifically, he had deposed to an affidavit that BoB by its regulation sits to appoint members into committee unlike Chief Awomolo’s unilateral reconstitution of the committees including the Appointment Committee without reverting to its Board.
He had also alleged that Awomolo, SAN was specifically interested in reconstituting the Appointment Committee in order to get his wife admitted into the BoB.
Although the court issued the temporary order stopping Chief Awomolo, SAN from removing Mr Alegeh, SAN as the Chairman of the Appointment Committee pending the determination of the suit, a few documents however came to the public domain at the weekend which threw brighter light on the issue.
For instance, it was reliably learnt that after the immediate past Chairman of BoB, Justice Odili disowned the appointment of Alegeh, SAN as chairman of the body’s Appointment Committee, Chief Awomolo, SAN issued a query to the Secretary of the BoB to explain the circumstances surrounding the issuance of appointment letter to Mr Alegeh few days before Justice Odili left office.
In a long reply to Chief Awomolo’s query to Tella, it came to the open how previous administrations purportedly appointed committee members and how the body is run by successive chairmen.
Tella had said that he had worked with five chairmen of the BoB including Chief Awomolo and that decisions on some vital issues were taken by BoB chairmen either by a written directive, oral communication or viva-voce.
Tella had claimed that in the case of Alegeh’s appointment, the immediate past Chairman of BoB gave her approval through a WhatsApp message which Justice Odili had not only denied by a formal letter but also described as shocking.
His long response to Chief Awomolo’s query reads:
5th June, 2024
Chief A. S. Awomolo, SAN Chairman,
Body of Benchers Plot 182,
444 Crescent Citec Villa (Victoria’s Court) Gwarimpa, Abuja.
Sir,
RE: FHC/L/CS/887/2024
AUGUSTINE OYAREKHUA ALEGEH, SAN
V
1. CHIEF ADEGBOYEGA AWOMOLO, SAN
2. THE BODY OF BENCHERS
I acknowledge receipt of your letter dated June 3, 2024, regarding the above subject matter.
I appreciate the opportunity to clarify certain issues that have been raised, which I believe are essential to maintaining the integrity and credibility of the Body of Benchers.
The letter raises issues of serious concern to me as it bothers on my credibility, integrity and personality.
As the Secretary of the Body of Benchers, I have had the privilege of serving under five Chairmen, including yourself.
Throughout my tenure, I have maintained a cordial working relationship with each Chairman, even when we have held differing opinions on certain matters.
My approach has always been to advise and guide, while ultimately carrying out the directives of the Chairman, as is my duty.
I must state that most instructions given to the Secretariat to act are done orally
The Secretariat, which I head, is responsible for the day-to-day administration and execution of the Body’s programs and policies.
In this capacity, I have received directives from various Chairmen and Vice Chairmen, both orally and in writing.
I have never challenged or questioned these directives, even when they may have appeared to contradict the Body’s Regulations.
At best, I give my opinion and advise accordingly.
Regarding the appointment of Committee members, I wish to clarify that the Secretariat acts only on the directives of the Chairman issued orally or in writing.
I say this on my honour.
The Secretariat sometimes makes suggestions to the Chairman who is the final authority.
In the instant case, I suggested to the then Chairman, Hon. Justice Mary U. Peter-Odili, CFR, JSC (Rtd), DSSRS, that the Chairman of the Benchers Appointment Committee should come from the Bar, given that the previous Chairman had served two consecutive terms from the Bench.
Mr. Augustine Alegeh, SAN, being a Life Bencher and past President of the Nigerian Bar Association was subsequently appointed as Chairman, based on the verbal approval of the Chairman.
May I state for the record that the above appointment is not the first to be done based on verbal communication or via SMS.
There are other Chairmen and members of Committee whose appointments were made on the basis of such verbal communication.
That is why the steps taken on the appointment of Mr. Alegeh, SAN and other members of the Committee was not strange.
Prior to this, I verbally drew the attention of the immediate past Chairman to the expiration of the tenure of the Chairman, Benchers Appointment Committee, Hon. Justice Umaru Abdullahi, CON and some of the members wherein it was agreed that they be notified of the expiration of their tenure, some having served beyond the stipulated tenure.
Letters were issued notifying the following of the expiration of their tenure as members of the Benchers Appointment Committee having been appointed on the 8th of February, 2018: Hon. Justice Umaru Abdullahi, CON, Chief Albert Akpomudje, SAN, Ichie L.M.E. Ezeofor, Hon. Justice Oyebola Ojo.
This means their tenure ought to have expired on the 8th of February, 2024 having served two (2) consecutive terms.
“I further suggested to the Chairman the need to replace the Benchers whose tenure have expired.
I specifically suggested that the nominees to serve on the Committee should be Life Benchers in view of the peculiar function of the Committee.
Following the above suggestion, the Chairman requested for the list of members of the Body of Benchers which I forwarded through her PA via WhatsApp.
The Chairman, through her PA nominated Hon. Justice K. B. Akaahs, OFR, Hon. Justice P. A. Galumje, Hon. Justice A. N. Nwankwo and Mr. D. D. Dodo, OFR, SAN.
The list was sent to me via WhatsApp.
I drew the attention of the Chairman through her PA on WhatsApp that Mr. Dodo, SAN was already a member of two (2) Standing Committees of the Body, and based on the Body of Benchers Regulations (as amended), no Bencher shall serve on more than two (2) Standing Committees of the Body which the PA responded that she will get back to me.
Subsequently, the PA sent me the name of Hon. Justice Uzo Anyanwu as replacement for Mr. Dodo, SAN.
It is for the foregoing reason that Hon. Justice P. A. Galumje attended the meeting of the Benchers Appointment Committee held on 22nd May, 2024 and today he remains a member of the Committee.
I wish to emphasize that I have always acted in good faith and in accordance with the directives of the Chairman.
I have never unilaterally appointed any Bencher to serve in any Committee, and I cannot do so.
My loyalty to the Body and its leadership remains unwavering, even in the face of differing opinions or challenges.
Sir, you may recall that by a letter dated 16th April, 2024, I forwarded the list of members of the Committees of the Body indicating the date of appointment of each Committee member as requested.
The names of the aforementioned Benchers were included on the list, particularly at page 5. (Copy attached for ease of reference).
Sir, if I was not directed, how could I have included their names on the list of the Benchers Appointment Committee which I forwarded?
Sir, you may further recall my observations to you on the 26th of April, 2024 regarding the reconstitution of the Committees of the Body where I expressed some concerns and reservations and also mentioned the appointment of the Chairman of the Benchers Appointment Committee.
However, I still followed your directives being the Chairman and knowing you have the final say and issued appointment letter to Prof. Yusuf O. Ali, SAN as Chairman of the Benchers Appointment Committee as well as other Benchers appointed into various Committees as reconstituted.
God forbid that a day will come when the Secretariat will refuse to carry out the directives of the Chairman of the Body on account of the manner in which the directives was issued.
I must state that most instructions given to the Secretariat to act are done orally.
It is rare to see a written instruction. As a matter of fact, it is the Secretariat that usually raises a Memo for the Chairman’s approval not the other way round.
There are several instances where such memos have been raised or letters written to a Chairman for his information and further directives or necessary action and the response comes either orally or via SMS or WhatsApp messages.
Out of respect and in line with the usual practice, the Secretariat carries out the directives.
With the recent development, should the Secretariat only act upon written directives given to it for the records? To my mind, the answer should be yes. This way, the records will speak for itself.
I have received oral directives from various Chairmen on several occasions which were duly carried out.
This includes the issuance of appointment letters to Hon. Justice Ejembi Eko and Hon. Justice Sidi Bage as members of the Body of Benchers in October, 2023 under the chairmanship of the immediate past Chairman, the circulation of the list of reconstituted Committees to all members on 29th April, 2024, the directive that appointment should be for a period of two (2) years and issuance of letters to Benchers who objected to their removal from Committees informing them of their continued membership of the particular Committee.
I have also received oral directives regarding changes to meeting dates, Call to Bar ceremonies and Traditional Law Dinners.
I have never unilaterally appointed any Bencher to serve in any Committee, and I cannot do so
Permit me to state for the record that after the incidence that took place on the 22nd of May, 2024 during the meeting of the Benchers Appointment Committee wherein both Prof. Yusuf O. Ali, SAN and Mr. Augustine Alegeh, CON, SAN claimed to be the rightful chairman of the Committee, I thought it wise to mention to the immediate past Chairman about the embarrassing situation for two (2) reasons; first because the list of nominees for appointment as Benchers which My Lord the then Chairman recommended for appointment was brought up in the course of the meeting and adjourned for consideration on the 26th of June, 2024.
Secondly, to draw My Lord’s attention to the fact that Mr. Alegeh, SAN who was appointed during her tenure and Prof. Ali, SAN appointed under the leadership of the current Chairman were laying claim to the position of Chairman of the Committee and expressed my worries about the effect of such incident on the image of the Body.
I made this call on the 23rd of May, 2024.
In response, My Lord thanked me for the information and also told me not to allow anything disturb me, stating that they will sort themselves out.
To my mind, after the report of the incident, the question as to how Mr. Alegeh, SAN and Prof. Ali, SAN were both appointed to chair the Committee would have arisen.
But none.
On the contrary I was told not to allow anything disturb me and that they would sort themselves out.
I was shocked that by a letter dated 3rd June, 2024 I was issued a query alongside the letter written by the immediate past Chairman dated the same 3rd June, 2024 denying knowledge of the appointment of Mr. Alegeh, SAN.
I placed a call to My Lord to find out if the letter actually emanated from her and I was surprised to receive a response to the effect that she tried reaching out to me earlier but I was not picking and she had to put together the letter and does not want anything to do with the issue of the Appointment Committee as it was not her position.
I reminded my Lord of our discussion on the issue and the subsequent correspondence but my Lord maintained her position.
The conversion ended with a plea that I should ‘find a way to help Awomolo’. I said I have been doing so, but with the content of the letter, I kept wondering how? At the detriment of my integrity, reputation and career, because the content of the letter is damaging to my person.
I have been pondering on the import of the statement. I have never and will never work against the interest of any Chairman nor betray the trust reposed on me.
I have been inundated with calls on the fact that the immediate past Chairman did not authorize nor approve the appointment and that I have been queried.
I am still wondering how the letter got to the public space.
May I further state that since my assumption of office, this is the first time I am receiving a query from any Chairman of the Body regarding actions I took in good faith and based on approval given by the Chairman.
I am concerned about the negative impact of recent events on the Body’s image and integrity, it has been a major distraction for me in the smooth operation of the Secretariat.
I pray that these events will soon come to an end, and I remain committed to advising and guiding the Chairman with honesty and integrity.
I have always ensured that the image of the Body and that of the leadership is always protected by not making certain comments and actions public even when it sometimes portrays me and the Secretariat in bad light.
My loyalty to the Body and its leadership at all levels remains intact. In my humble view, what is most important at this stage is finding a solution rather than blame game.
It is never too late to make things right for the good of the Body.
