Francis Iwuchukwu
The Nigerian Bar Association, NBA, has disqualified an Abuja-based lawyer, Victor Giwa, to become the Chairman of the Garki branch of the Association over petitions of professional misconduct made against him.
The NBA through its Elections Appeal Committee in its report signed by its Chairman, Abdul Atadoga Ibrahim SAN, and Secretary, Oluronke Adeyemi, stated that although it is not in a position to predict the outcome of petitions against Giwa before the Legal Practitioners Disciplinary Committee, LPDC, and criminal charges against him pending in court, it will not be in interest and good image of NBA to see its chairman being dragged in such cases.
The report stated: “This committee is not in the position to decide on whether the criminal case filed against the respondent has substance or whether the aforesaid Victor Giwa is guilty of professional misconduct.
“Far from it, Victor Giwa enjoys and will continue to enjoy the presumption of innocence. More so, he has not been convicted of any offence by any court of law or the Legal Practitioners Disciplinary Committee.
“Be that as it may, part of the objectives of the Nigerian Bar Association are as follows: ‘Maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria and maintenance of the highest standards of professional conduct, etiquette, and
discipline’.
“With the avalanche of documents attached to the petition written to the Electoral Committee and failure on the part of Victor Giwa to bring any documents to contradict the
position (except a bare denial) the Electoral Appeal Committee are of the firm view that there are a lot of unresolved issues surrounding his candidacy and aspiration to lead the Bar.
“While not adjudging the respondent guilty of any issue, it is in the interest of the Bar, which he seeks to lead, for him to resolve the controversies and pending suits and disciplinary issues involving him first.
“It impugns on the integrity of the Bar for its leader to be going before courts and Committees, standing in the dock and struggling to save his neck in criminal litigation, as this will affect his concentration on running a responsible Bar.
“The Committee hereby direct the removal of the name of Victor Giwa from the list of candidates on the ground that he has unresolved issues before the Legal Practitioners Disciplinary Committee.”
The Committee's report came consequent upon the allegations of documented misconduct and an imminent arraignment on an eight-count criminal charge related to illegal eviction as lodged against him by Ms Asabe Waziri, the founder of the Asabe Waziri Justice Advocacy Initiative, AWJAI, who accused Giwa of blackmail and orchestrating her illegal eviction, after which he was appointed as Director.
Even the Attorney General of the Federation, AGF, and Minister of Justice had filed a nine-count charge against Giwa, and he is currently before the LPDC.
Specifically, the Committee reviewed the petition titled ‘Documented Misconduct: Victor Giwa’s Candidacy Raises Ethical Concerns’ and found substantial documentation supporting the allegations against Giwa. Despite Giwa’s denial, he failed to provide contradictory evidence.
The Committee emphasised the need to maintain the integrity and independence of the Bar and Judiciary, stating that unresolved legal and disciplinary issues make Giwa’s candidacy inappropriate.
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