There Is Need For Judges To Avoid Ex parte Orders That Can Truncate Democratic Processes — Onyekachi Umah

MAY WE KNOW YOU, SIR?

My name is Onyekachi Umah.

WHO IS ONYEKACHI UMAH, ESQ IN DETAILS?

Onyekachi Umah is a husband and a private legal practitioner
with amazing experience in intellectual property, transaction and
regulation advisory, corporate, commercial and investment law and
energy law as well as litigation and arbitration arising from them.
He is a certified arbitrator both in Nigeria and the United
Kingdom. He is a member of the Chartered Institute of Arbitrators
(UK) and a Certified Conflict Management Practitioner. He is a
member of prestigious “Young ICSID” of International Centre for
Settlement of Investment Disputes (ICSID), Washington DC. Among
other, he has a certificate in Law of Contract from a program of
Harvard University, a certificate in International Environmental
Negotiation from United Nations Institute for Training and
Research, Geneva and recently, a certificate in Conflict Management
from United States Institute of Peace, Washington, D.C. He also
holds a master of laws degree from University of Jos.

He is the managing partner of a leading law firm; Bezaleel
Chambers International. He is the founder and President of a free
law awareness platform known as www.LearnNigerianLaws.com^[1] that
promotes awareness and understanding of rights and laws of Nigeria
(#SabiLaw) and offers free daily law tips (#DailyLawTips).
Understanding the challenges of Administration of Criminal Justice
in Nigeria, he dedicates his daily law tips every Mondays to
promoting Criminal Justice (#CriminalJusticeMonday). Recently, he
started a new series on Election Laws tagged (#SabiElectionLaws) to
increase legal awareness on elections laws, policies and
regulations in Nigeria. He is the convener of the Sabi Law Lecture
Series (#SabiLawLectureSeries), travelling around Nigeria
delivering free law awareness lectures. He also organises and
sponsors a quarterly competition, titled “Sabi Law Video Challenge”
(#SabiLawVideoChallenge) were Nigerians win money (over $130.00 per
winner) for making videos of themselves talking on any law or right
as a way to promote law awareness and have fun. To further promote
legal awareness among Nigerians across the world, he started a law
awareness show titled “Sabi Law With Onyekachi Umah, Esq”
(#SabiLawWithOnyekachiUmahEsq) showing on social media platforms
via @LearnNigerianLaws.

Mr. Umah has written over Three Hundred (300) free to access
articles and materials on law with a desire to enlighten the
public. He is also the Assistant Secretary of Nigerian Bar
Association, Capital Bar, Abuja and a member of the Rotary Club of
Abuja, Metro (RCAM), District 9125. Among others, he is serving as
a member of the Advisory Committee for Law Clinics Partnership for
Reforming Pre-trial Detention in Kuje Prison Project funded by the
United States Department Bureau for International Narcotics and Law
Enforcement. He has been featured as the Legal Personality of the
Week by This Day Newspaper (a leading national newspaper) on its
September 11, 2018 edition and has also won several awards for his
innovative legal practise across the world.

HOW LONG HAVE YOU BEEN IN LAW PRACTICE?

I have been practicing law in Nigeria for about 8 years.

ARE YOU THE AUTHOR OF “DAILY LAW TIPS”.

Yes, I am the author of “Daily Law Tips” published on
www.TheNigerianLawyer.com^[2]
and  www.LearnNigerianLaws.com^[3]

 HOW DID “DAILY LAW TIPS”
START?

Well, since my days as a student, I have had people calling for
advices and tips on their rights. As a practicing lawyer, I receive
numerous calls from clients, strangers, fellow lawyers and friends,
asking for clarifications, tips, “how-Tos” and “What-To-Dos” on
rights, duties, laws and policies affecting them, their families
and business. Majority of the questions are on human rights,
employment, tenancy, family, criminal, business regulation, justice
administration, immigration, probate, tax and commercial law. 
Often times, questions are repeated and my answers are undocumented
considering the means of communication and as such they cannot not
easily be stored and passed on to another person in need.

Bum, an idea came in December 2017, when Nigerian police was
harassing Nigerians on use of Christmas fireworks without any
legislative authority. I recorded my tips on the subject matter and
shared it on social media to ensure people are not intimidated by
police and punished for no offence. Since it was a season for
settlement of family and traditional land disputes across villages
in Nigeria, I wrote a lot of tips on the subject matter and shared
freely. The response from my family, friends and fans were amazing
and encouraging. So, I stopped repeating myself, since I could
easily refer people to my earlier answers to their questions. I
started writing my responses to questions as “Daily Law Tips”,
sharing same for free across the world. As at today, we have
published over 220 daily law tips on numerous areas of Nigerian
laws and regulations, shared on Facebook, Instagram, Twitter,
LinkedIn, Google+, MyBusiness and WhatsApp for free with over 11
Million views.

WHAT IS THE MOTIVATION BEHIND YOUR “DAILY LAW
TIPS”.

First of all, out of experience, most cases in Nigeria are
avoidable with due diligence. Stereotypes, religion, poor
educational level, poor legal literacy, disregard for formal
agreement and lack of trust in judiciary have increased
disagreement and disputes in Nigeria. Apart from pre-election and
election petitions, majority of civil cases are mere small claims
that can be avoided by a little understanding of rights, simple
agreement and due diligence (background checks). Hence, my
motivation is to freely offer my experience, knowledge and
understanding of law to all Nigerians across the world via
“#DailyLawTips” as a means to increase access to justice, increase
understanding of law and demand for rule of law in Nigeria.

WHAT CHALLENGES DO YOU FACE IN PUBLISHING YOUR “DAILY
LAW TIPS”.

To run a daily publication, requires special grace, hard work
and perseverance in order to keep up with delivery time and
maintain standards. As a Nigerian residing in Nigeria, I battle
with unreliable electricity supply and internet services. To combat
them, I generate and supply my own electric power and since I
cannot do same for internet, I have existing subscription with four
(4) telecommunication companies at all times. Considering the
nature of my work as a practicing lawyer, I travel a lot and there
are no internet services in most airports except in their VIP
lounges. Worse still, in Enugu Airport, there has been no internet
in the VIP lounge maintained by government and I still get to pay
same service fee any time I stay in the VIP lounge. So, to research
and publish on the go like I do, it quite expensive in Nigeria.
Time is the most expensive assets I put into the project, having in
mind alternative forgone.

AS A PRACTICING LAWYER, WHAT ADVICE DO YOU HAVE FOR THE
JUDICIARY.

Among the three arms of government, Judiciary is the less
respected and funded. There is need for absolute separation of
power and rule of law for our democracy to deepen. The executives
must respect court orders. Elections are around, there is need for
judges to avoid ex parte orders that can truncate democratic
processes. Bribery and corruption should not be sighted in our
judiciary rather impartiality and wisdom. For us, the practicing
lawyers, we waste a lot of time waiting for judges who may be sick
or out on administrative engagements. I advice that judges’
calendars should be consulted before fixing courtesy calls, parades
and appointments that take them off court.

I look forward to a judicial system, where lawyers need not come
to court before 9:00am only to be heard by 3:23pm after a long wait
and loss of other businesses. Cases should be adjourned to clear
dates and times, so that lawyers come in to do their cases about 10
minutes before the commencement time, to avoid waste and increase
productivity. Often times at the Court of Appeal and Supreme Court
in Abuja, I wait for over five (5) hours only to be heard to do my
case for the day for 25 minutes. Still on the Court of Appeal,
there is need to offer three microphones to all members of a panel
instead of only to the presiding judge since all members get to
talk and the microphone is stationed.

DO YOU SUPPORT THE CONFERMENT OF THE TITLE OF SENIOR
ADVOCATE OF NIGERIA ON OUTSTANDING LAWYERS?

Yes, I do. Life progresses where there is a motivation and hard
work must be appreciated. Apart from win smiles of clients,
touching lives and making monies the next inspiring factor for
young lawyers in Nigeria is the title of Senior Advocate of
Nigeria. Some lawyers are sane and upright not because of training
alone, eagle eye of disciplinary committee but because they want
the blessing of our Legal Practitioners Privileges Committee. So,
it has a way of holding our ethics and identifying mentors for
younger professionals. I support the title and I desire it.

IS THERE A BRIGHT FUTURE FOR NIGERIAN LAWYERS IN
NIGERIA?

There is a very bright future for lawyers in Nigeria and many
more to come. Going by statistics, there are 16 Federal faculties
of law, 20 State faculties of law and 19 private faculties of Law.
There are only 6 Law School Campuses in Nigeria and 1,550
candidates were called to bar in July, 2018 while 4, 633 candidates
will be called to bar by this November, 2018. From a reliable
source, there are not up to 100, 000 lawyers in Nigeria. Nigeria
has a population of 197,403,529 as at October 27, 2018, based
on the latest United Nations estimates. Hence, roughly a single
lawyer in Nigeria has more than about 1,974 Nigerians to engage his
services. Also remember that the population of Nigeria is growing
uncontrollably while the graduation of lawyers is controlled. The
natural resources of Nigeria and economic potentials will keep
increasing Nigeria’s foreign direct investment, thereby increase
number of foreigners and business in need of lawyers and their
legal services. Above all, foreign lawyers are not authorized to
practice in Nigeria, so Nigerian lawyers are immune from the
annoying importation appetite of Nigerians. I am not unaware of
some dubious foreign businesses here in Nigeria, secretly engaging
foreign lawyers on Nigerian soil. So, Nigeria is a wonderful
country to practice law and there is a geometric growth of legal
literacy among Nigerians, thereby increasing demand for rule of law
and access to justice.

WHAT ADVICE DO YOU HAVE FOR YOUNG LAWYERS?

Legal practice is for lawyers that are dedicated to hard work!
Nothing good comes easy and nothing is magical here. You need to
prove yourself, think out of the box and fly with technological
advancements. Ensure you use To-do lists and consciously time your
day and activities to ensure maximum productivity. If you want
quick money, please don’t practice law!