Discipline Monday Ubani For Professional Misconduct, EFCC Replies NBA

The Economic and Financial Crimes Commission (EFCC) has asked
the Nigerian Bar Association (NBA) to discipline it’s Former 2nd
Vice President, Monday Ubani, for engaging in acts which it
believes amounts to professional misconduct.

This was made known in a press statement signed by the Ag. Head,
Media and Publicity of the Commission, Tony Orilade.

According to the agency, Ubani stood as a surety for Dr. Ngozi
Olojeme, former Chairperson of the National Social Insurance Trust
Fund (NSITF), his client, who fled the country after he signed the
bail bond.

The attention of the Economic and Financial Crimes
Commission, EFCC, has been drawn 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.

Tony Orilade
Ag. Head, Media & Publicity
April 2, 2019