PBAT CSU Saga: Agbakoba Clarifies Position on Media Trial

Ex-President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba, SAN, yesterday in Lagos clarified his  position on why he condemned the ongoing practice of Lawyers holding media trials and court sessions to discuss  President Bola Ahmed Tinubu’s Chicago State University Certificate saga on television, a matter that is already pending before the Supreme Court of Nigeria.

Dr Agbakoba had on Monday, berated Lawyers for overheating the polity over this issue of President Bola Tinubu’s  Chicago State University Certificate saga, Atiku Abubakar’s US court judgement, and called on NBA President, Y.C. Maikyau, SAN, to take steps to sanction the Lawyers who now turn television/ media houses into Courts of Law.

“Let us allow the Supreme Court of Nigeria to make a judicial pronouncement, which is binding on us all. This public nonsense must stop”, Agbakoba stated.

 Dr Agbakoba maintained that Lawyers should stop going to television stations to discuss legal issues as if they were in Court, especially when such matters are pending before courts of competent jurisdiction. He said: “My statement is directed to Lawyers only, and not the general public, public commentators, public affairs analysts and/ or political parties. I am completely against Lawyers turning the public space to commentaries on cases. 

“When I criticised the Supreme Court, it was based on a decided case at which point comments were permitted, but not when cases are pending before the courts.

 “It is unethical for Lawyers to do cases on television screens, as many of them  grant press interviews after court sessions fully robbed, this is wrong.”

When reminded that this practice of discussing pending cases exists in the United States of America and other foreign jurisdictions, Dr Agbakoba said: “First,  US rules don’t apply here. It is the English comment on cases of public interest in England that apply here.

“And, in doing this, you follow two rules, first comments on pending cases are not allowed under the ancient sub judice rule. Secondly, comments, no matter how rigorous, are allowed once cases are decided. There is a remarkable difference between the US and UK rules on public discussion of ongoing cases.”

 “But, here, the NBA has a standing rule that we can’t speak to media on pending cases; this directive is old, that is my position”, Agbakoba said.

#upjudicialsalaries

“It is also our submission that, the consultative process must be time bound. The need for urgent action leading to speedy implementation, cannot be over-emphasised. Judicial officers across Nigeria are struggling with everyday challenges, brought about by poor conditions of service. This state of affairs is not good for the administration of justice in Nigeria, the promotion of the rule of law and the sustainability of our democracy.” – NBA Working Committee on Judicial Remuneration and Conditions of Service