NBA President Yakubu Maikyau Calls For Investigation Into Judicial Misconduct in Kano Emirate Dispute

Yakubu Maikyau, the president of the Nigerian Bar Association (NBA), has responded to the contradictory temporary injunctions that have been issued over the Kano Emirate dispute.

Maikyau demanded an immediate examination of the judges' and solicitors' professional behaviour in these cases in a statement that was made public on Wednesday, May 29.

In addition, Maikyau demanded that the heads of the courts look into the behaviour of the judges and submit their findings to the National Judicial Council (NJC) so that appropriate action might be taken.

According to his words; “I must say, without any equivocation, that the conducts of counsel and the Courts in the handling of the proceedings which culminated in the orders issued by the Federal High Court, the Kano State High Court and again the Federal High Court, in circus, have brought utter disgrace and shame to the profession have exposed the entire legal profession in Nigeria to public ridicule and opprobrium.

The damage is one that would take the legal profession a long time to recover from. It is unfortunate and was totally uncalled for. For a country whose legal resources and expertise have for several decades been exported and positively impacted not only the African continent but the world at large, it is completely unacceptable that the processes of our courts would be deployed in the manner we have witnessed in the last couple of days, on a subject matter that is as clear as chieftaincy dispute.

This is a subject that has been sufficiently dealt with by legislation and case law, leaving no one confused about the jurisprudence on the subject-both procedural and substantive.

Without prejudice to the subsisting actions before both the Federal High Court and the Kano State High Court, it is my considered view that there is an urgent need to scrutinize the professional conduct of both Counsel and the Judges involved in these matters. This is to enable the relevant bodies or institutions to determine their culpability or otherwise, from an ethical and professional standpoint.

I therefore call on the respective heads of the Courts of the Judges concerned, to take immediate steps to look into their conduct with the view to finding any possible abuse of their judicial offices and file a report with the National Judicial Council for necessary action. The NBA on the other hand will investigate the conduct of the counsel involved in these cases and shall not hesitate to commence disciplinary action against them before the Legal Practitioners Disciplinary Committee, should there be any finding of alleged professional misconduct against them. The Chairman of the NBA Ethics and Disciplinary Committee has accordingly been directed to invite these counsel for preliminary investigations.

While the NBA shall continue to stand for and protect the integrity, welfare, and independence of the Bar and the Judiciary, we shall not hesitate to call out any Judge or counsel, who engages in any conduct that is capable of bringing the legal profession to disrepute.”